¹ Cranmer has written in support of the majority decision, Peterson against it: but we take joint responsibility for the article as a whole. Peterson wants to thank Sarah Ganz for her suggestions on an earlier draft.Google Scholar

² The former disciplinary procedure subsequently abolished by Act III of 2001 [anent Discipline of Ministers, Licenciates, Graduate Candidates and Deacons].Google Scholar

³ Which meant that should she ever wish to seek a ministerial appointment in future, she would have to apply to the General Assembly for permission to resume her status as a minister.Google Scholar

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⁷ ‘Subject to the recognition of the matters dealt with in the Declaratory Articles as matters spiritual, nothing in this Act contained shall affect or prejudice the jurisdiction of the civil courts in relation to any matter of a civil nature’: Church of Scotland Act 1921, s 3.Google Scholar

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²² Percy, para 119; Act XXV of 1968 (Anent Admission of Women to the Ministry).Google Scholar

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²⁹ Percy, para 61.Google Scholar

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³³ Lyall, F, Of Presbyters and Kings: Church and State in the Law of Scotland (Aberdeen University Press: Aberdeen 1980), chs 5–6.Google Scholar

³⁴ Percy, para 117.Google Scholar

³⁵ Confession of Faith Ratification Act 1690 (c 7; 12mo c 5) (Parliament of Scotland).Google Scholar

³⁶ Act for Securing the Protestant Religion, 1707 (c 6; 12mo c 6) (Protestant Religion and Presbyterian Church Act 1707) (Parliament of Scotland).Google Scholar

³⁷ Scottish Episcopalians Act 1711 (10 Ann, c 10).Google Scholar

³⁸ Church Patronage (Scotland) Act 1711/1712 (10 Ann, c 21).Google Scholar

³⁹ Auchterarder Presbytery v Earl of Kinnoull [1839] Macl & R 220 at 309, HL; see also 299.Google Scholar

⁴⁰ Benefices (Scotland) Act 1843 (6 & 7 Vict, c 61).Google Scholar

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⁵⁰ Ibid, citing the Sex Discrimination Act 1975, s 65(1)(c).

⁵¹ Lyall, F, Of Presbyters and Kings: Church and State in the Law of Scotland, pp. 37–41.Google Scholar

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⁵⁷ Perceval-Price v Department of Economic Development [2000] IRLR 380, NI CA.Google Scholar

⁵⁸ United States v Ballard 322 US 78 (1944), US SC.Google Scholar