21-11. In the ordination of interns as evangelists the same questions are to be propounded as in the ordination of pastors, with the exception of the eighth, for which the following shall be substituted:

Do you now undertake the work of an evangelist, and do you promise, in reliance on God for strength, to be faithful in the discharge of all the duties incumbent on you as a minister of the Gospel of the Lord Jesus Christ?

CHAPTER 22.

The Pastoral Relations.

22-1. The various pastoral relations are pastor, associate pastor, and assistant pastor.

22-2. The pastor and associate pastor are elected by the congregation using the form of call in BCO 20-6. Being elected by the congregation, they become members of the Session.

22-3. An assistant pastor is called by the Session, by the permission and approval of Presbytery, under the provisions of BCO 20-1 and 13-2, with Presbytery membership being governed by the same provisions that apply to pastors. He is not a member of the Session, but may be appointed on special occasions to moderate the Session under the provisions of BCO 12-4.

22-4. The relationship of the associate pastor to the church is determined by the congregation. The relationship of the assistant pastor to the church is determined by the Session. The dissolution of the relationship of both is governed by the provision of BCO 23.

22-5. In order to provide necessary changes in pastorates, a temporary relation may be established between a church and a minister called Stated Supply. If a church is unable to secure a regular pastor or a Stated Supply, then the Session with approval of Presbytery may establish a temporary relation between the church and a licentiate called Student Supply or Ruling Elder Supply.

22-6. Such temporary relationships can take place at the invitation of the church Session to the minister of the Word, the licentiate, or the ruling elder. The length of the relationship will be determined by the Session and the minister, the licentiate, or the ruling elder, with the approval of the Presbytery. Stated supply, student supply, or ruling elder supply relationships will be for no longer than one year, renewable at the request of the Session and at the review of the Presbytery. (See also BCO 19-1).

CHAPTER 23.

The Dissolution of the Pastoral Relation and The Procedure for Honorable Retirement.

23-1. When any minister shall tender the resignation of his pastoral charge to his Presbytery, the Presbytery shall cite the church to appear by its commissioners, to show cause why the Presbytery should or should not accept the resignation. If the church fail to appear, or if its reasons for retaining its pastor be deemed insufficient, his resignation shall be accepted and the pastoral relation dissolved.

If any church desires to be relieved of its pastor, a similar procedure shall be observed. But whether the minister or the church initiates proceedings for a dissolution of the relation, there shall always be a meeting of the congregation called and conducted in the same manner as the call of the pastor. In any case, the minister must not physically leave the field until the Presbytery or its commission empowered to handle uncontested requests for dissolution has dissolved the relation.

The associate or assistant pastors may continue to serve a congregation when the pastoral relation of the senior pastor is dissolved, but they may not normally succeed the senior pastor without an intervening term of service in a different field of labor. However a congregation by a secret ballot with four-fifths (4/5) majority vote may petition Presbytery for an exception which by a three-fourths (3/4) majority vote Presbytery may grant. Presbytery needs to determine if the dissolution of the pastoral relationship with the senior pastor was brought about in Christian love and good order on the part of the parties concerned.

23-2. The Presbytery may designate a minister as honorably retired when the minister by reason of age wishes to be retired, or as medically disabled when by reason of infirmity is no longer able to serve the church in the active ministry of the Gospel. A minister medically disabled or honorably retired shall continue to hold membership in his Presbytery. He may serve on committees or commissions if so elected or appointed.

23-3. A minister, being medically disabled or honorably retired, may be elected pastor emeritus by a congregation which seeks to honor his past earnest labors among them.

CHAPTER 24.

Election, Ordination and Installation of Ruling Elders and Deacons.

Election

24-1. Every church shall elect persons to the offices of ruling elder and deacon in the following manner: Public notice shall be given of the time, place, and purpose of this meeting at least one month prior to the appointed time, during which time the congregation is asked to submit names to the Session, keeping in mind that each prospective officer should be an active male member who meets the qualifications set forth in 1 Timothy 3 and Titus 1. Nominees for the office of ruling elder and/or deacon shall receive instruction in the qualifications and work of the office. The prospective officer shall be examined in:

a. his Christian experience, especially his personal character and family management (based on the qualifications set out in I Timothy 3:1-7 and Titus 1:6-9),

b. his knowledge of the system of doctrine, government, discipline contained in the Constitution of the Presbyterian Church in America (BCO Preface III, The Constitution Defined), his knowledge of the system of doctrine, government, discipline contained in the Constitution of the Presbyterian Church in America (BCO Preface III, The Constitution Defined),

c. the duties of the office to which he has been nominated, and

d. his willingness to give assent to the questions required for ordination. (BCO 24-5)

The Session shall examine those nominated and then report to the congregation before election day those eligible for election.

If one-fourth (1/4) of the persons entitled to vote shall at any time request the Session to call a congregational meeting for the purpose of electing additional officers, it shall be the duty of the Session to call such a meeting on the above procedure. The number of officers to be elected shall be determined by the congregation after hearing the Session's recommendation.

24-2. The pastor is, by virtue of his office, moderator of congregational meetings. If there is no pastor, the Session shall appoint one of their number to call the meeting to order and to preside until the congregation shall elect their presiding officer, who may be a minister of the Presbyterian Church in America or any male member of that particular church.

24-3. All communing members in good and regular standing, but no others, are entitled to vote in the election of church officers in the churches to which they respectively belong. A majority vote of those present is required for election.

24-4. The voters being convened, the moderator shall explain the purpose of the meeting and then put the question:

Are you now ready to proceed to the election of additional ruling elders (or deacons) from the slate presented?

If they declare themselves ready, the election may proceed by private ballot without nomination. In every case a majority of all the voters present shall be required to elect.

Ordination and Installation

24-5. The day having arrived, and the Session being convened in the presence of the congregation, a sermon shall be preached after which the presiding minister shall state in a concise manner the warrant and nature of the office of ruling elder, or deacon, together with the character proper to be sustained and the duties to be fulfilled. Having done this, he shall propose to the candidate, in the presence of the church, the following questions, namely:

1. Do you believe the Scriptures of the Old and New Testaments, as originally given, to be the inerrant Word of God, the only infallible rule of faith and practice?

2. Do you sincerely receive and adopt the Confession of Faith and the Catechisms of this Church, as containing the system of doctrine taught in the Holy Scriptures; and do you further promise that if at any time you find yourself out of accord with any of the fundamentals of this system of doctrine, you will, on your initiative, make known to your Session the change which has taken place in your views since the assumption of this ordination vow?

3. Do you approve of the form of government and discipline of the Presbyterian Church in America, in conformity with the general principles of biblical polity?

4. Do you accept the office of ruling elder (or deacon, as the case may be) in this church, and promise faithfully to perform all the duties thereof, and to endeavor by the grace of God to adorn the profession of the Gospel in your life, and to set a worthy example before the church of which God has made you an officer?

5. Do you promise subjection to your brethren in the Lord?

6. Do you promise to strive for the purity, peace, unity and edification of the church?

The ruling elder or deacon elect having answered in the affirmative, the minister shall address to the members of the church the following question:

Do you, the members of this church, acknowledge and receive this brother as a ruling elder (or deacon), and do you promise to yield him all that honor, encouragement and obedience in the Lord to which his office, according to the Word of God and the Constitution of this church, entitles him?

The members of the church having answered this question in the affirmative, by holding up their right hands, the minister shall proceed to set apart the candidate, with prayer and the laying on of the hands of the Session, to the office of ruling elder (or deacon). Prayer being ended, the members of the Session (and the deacons, if the case be that of a deacon) shall take the newly ordained officer by the hand, saying in words to this effect:

We give you the right hand of fellowship, to take part in this office with us.

The minister shall then say:

I now pronounce and declare that ____________________ has been regularly elected, ordained and installed a ruling elder (or deacon) in this church, agreeable to the Word of God, and according to the Constitution of the Presbyterian Church in America; and that as such he is entitled to all encouragement, honor and obedience in the Lord: In the name of the Father, and of the Son, and of the Holy Ghost. Amen.

After which he shall give to the ruling elder (or deacon) and to the church an exhortation suited to the occasion.

24-6. Ordination to the offices of ruling elder or deacon is perpetual; nor can such offices be laid aside at pleasure; nor can any person be degraded from either office but by deposition after regular trial; yet a ruling elder or deacon may have reasons which he deems valid for being released from the active duties of his office. In such a case the Session, after conference with him and careful consideration of the matter, may, if it thinks proper, accept his resignation and dissolve the official relationship which exists between him and the church.

The ruling elder or deacon, though chargeable with neither heresy nor immorality, may become unacceptable in his official capacity to a majority of the church which he serves. In such a case the church may take the initiative by a majority vote at a regularly called congregational meeting, and request the Session to dissolve the official relationship between the church and the officer without censure. The Session, after conference with the ruling elder or deacon, and after careful consideration, may use its discretion as to dissolving the official relationship. In either case the Session shall report its action to the congregation. If the Session fails or refuses to report to the congregation within sixty (60) days from the date of the congregational meeting or if the Session reports to the congregation that it declined to dissolve such relationship, then any member or members in good standing may file a complaint against the Session in accordance with the provisions of BCO 43.

24-7. When a ruling elder or deacon who has been released from his official relation is again elected to his office in the same or another church, he shall be installed after the above form with the omission of ordination.

24-8. When a ruling elder or deacon cannot or does not for a period of one year perform the duties of his office, his official relationship shall be dissolved by the Session and the action reported to the congregation.

24-9. When a deacon or ruling elder becomes infirm or reaches the age of seventy (70), he may at his request and with the approval of the Session be designated deacon or elder emeritus. When so designated, he is no longer required to perform the regular duties of his office, but may continue to perform certain of these duties on a voluntary basis, if requested by the Session or a higher court. He may attend Diaconate or Session meetings, if he so desires, and may participate fully in the discussion of any issues, but may not vote.

Editorial Comment: The General Assembly explicitly provided that those Elders and Deacons granted emeritus status prior to June 22, 1984, retain the privilege of vote. (By order of the Fifteenth General Assembly 15-83, III, 31).

CHAPTER 25.

Congregational Meetings.

25-1. The congregation consists of all the communing members of a particular church, and they only are entitled to vote.

25-2. Whenever it may seem for the best interests of the church that a congregational meeting should be held, the Session shall call such meeting and give public notice of at least one week. No business shall be transacted at such meeting except what is stated in the notice. The Session shall always call a congregational meeting when requested in writing to do so:

a. by one-fourth (1/4) of the communing members of a church of not more than one hundred (100) such members,

b. by one-fifth (1/5) of the communing members of a church of more than one hundred (100) and not more than three hundred (300) such members,

c. by one-sixth (1/6) of the communing members of a church of more than three hundred (300) and not more than five hundred (500) such members,

d. by one-seventh (1/7) of the communing members of a church of more than five hundred (500) such members but not more than seven hundred (700) members,

e. by one hundred (100) members of a church of more than seven hundred (700) members.

Upon such a proper request, if the Session cannot act, fails to act or refuses to act, to call such a congregational meeting within thirty (30) days from the receipt of such a request, then any member or members in good standing may file a complaint in accordance with the provisions of BCO 43.

25-3. The quorum of the congregational meeting shall consist of one-fourth (1/4) of the resident communing members, if the church has not more than one hundred (100) such members, and of one-sixth (1/6) of the resident communing members if a church has more than one hundred (100) such members.

25-4. The pastor shall be the moderator of congregational meetings by virtue of his office. If it should be impracticable or inexpedient for him to preside, or if there is no pastor, the Session shall appoint one of their number to call the meeting to order and to preside until the congregation shall elect their presiding officer, who may be a minister of the Presbyterian Church in America, or any male member of that particular church.

25-5. A clerk shall be elected by the congregation to serve at that meeting or for a definite period, whose duty shall be to keep correct minutes of the proceedings and of all business transacted and to preserve these minutes in a permanent form, after they have been attested by the moderator and the clerk of the meeting. He shall also send a copy of these minutes to the Session of the church.

25-6. A particular church which is not incorporated, desiring to elect trustees, may select from among its membership trustees or officers of like nature who shall have the power and authority:

a. to buy, sell, or mortgage property for the church,

b. to accept and execute deeds as such trustees,

c. to hold and defend titles to the same, and

d. to manage any permanent special funds entrusted to them for the furtherance of the purposes of the church.

In the fulfillment of their duties, such trustees shall be subject always to the authority, and shall act solely under the instructions of the congregation which they serve as trustees. The powers or duties of such trustees must not infringe upon the powers or duties of the Session or of the Board of Deacons. Such trustees shall be elected in regularly constituted congregational meetings.

25-7. If a particular church is incorporated, the provisions of its charter and bylaws must always be in accord with the Constitution of the Presbyterian Church in America. All the communing members on the roll of that church shall be members of the corporation. The officers of the corporation, whether they be given the title trustee or some other title, shall be elected from among the members of the corporation in a regularly constituted congregational meeting. The powers and duties of such officers must not infringe upon the powers and duties of the Session or the Board of Deacons.

All funds collected for the support and expense of the church and for the benevolent purposes of the church shall be controlled and disbursed by the Session and the Board of Deacons as their relative authorities may from time to time be established and defined.

To the officers of the corporation may be given by the charter and bylaws of the corporation any or all of the following responsibilities:

a. the buying, selling and mortgaging of property for the church,

b. the acquiring and conveying title to such property, the holding and defending title to the same,

c. the managing of any permanent special funds entrusted to them for the furtherance of the purposes of the church, provided that such duties do not infringe upon the powers and duties of the Session or of the Board of Deacons.

In buying, selling, and mortgaging real property such officers shall act solely under the authority of the corporation, granted in a duly constituted meeting of the corporation.

25-8. The corporation of a particular church, through its duly elected trustees or corporation officers, (or, if unincorporated, through those who are entitled to represent the particular church in matters related to real property) shall have sole title to its property, real, personal, or mixed, tangible or intangible, and shall be sole owner of any equity in any real estate, or any fund or property of any kind held by or belonging to any particular church, or any board, society, committee, Sunday school class or branch thereof. The superior courts of the Church may receive monies or properties from a local church only by free and voluntary action of the latter.

25-9. All particular churches shall be entitled to hold, own and enjoy their own local properties, without any right of reversion whatsoever to any Presbytery, General Assembly or any other courts hereafter created, trustees or other officers of such courts.

25-10. The provisions of this BCO 25 are to be construed as a solemn covenant whereby the Church as a whole promises never to attempt to secure possession of the property of any congregation against its will, whether or not such congregation remains within or chooses to withdraw from this body. All officers and courts of the Church are hereby prohibited from making any such attempt.

25-11. While a congregation consists of all the communing members of a particular church, and in matters ecclesiastical the actions of such local congregation or church shall be in conformity with the provisions of this Book of Church Order, nevertheless, in matters pertaining to the subject matters referred to in this BCO 25, including specifically the right to affiliate with or become a member of this body or a Presbytery hereof and the right to withdraw from or to sever any affiliation of connection with this body or any Presbytery hereof, action may be taken by such local congregation or local church in accordance with the civil laws applicable to such local congregation or local church; and as long as such action is taken in compliance with such applicable civil laws, then such shall be the action of the local congregation or local church.

It is expressly recognized that each local congregation or local church shall be competent to function and to take actions covering the matters set forth herein as long as such action is in compliance with the civil laws with which said local congregation or local church must comply, and this right shall never be taken from said local congregation or local church without the express consent of and affirmative action of such local church or congregation.

Particular churches need remain in association with any court of this body only so long as they themselves so desire. The relationship is voluntary, based upon mutual love and confidence, and is in no sense to be maintained by the exercise of any force or coercion whatsoever. A particular church may withdraw from any court of this body at any time for reasons which seem to it sufficient.

25-12. If a church is dissolved by the Presbytery at the request of the congregation and no disposition has been made of its property by those who hold the title to the property within six months after such dissolution, then those who held the title to the property at the time of such dissolution shall deliver, convey and transfer to the Presbytery of which the church was a member, or to the authorized agents of the Presbytery, all property of the church; and the receipt and acquittance of the Presbytery, or its proper representatives, shall be a full and complete discharge of all liabilities of such persons holding the property of the church. The Presbytery receiving such property shall apply the same or the proceeds thereof at its discretion.

CHAPTER 26.

Amending the Constitution of the Church.

26-1. The Constitution of the Presbyterian Church in America, which is subject to and subordinate to the Scriptures of the Old and New Testaments, the inerrant Word of God, consists of its doctrinal standards set forth in the Westminster Confession of Faith, together with the Larger and Shorter Catechisms, and the Book of Church Order, comprising the Form of Government, the Rules of Discipline and the Directory for Worship; all as adopted by the Church.

26-2. Amendments to the Book of Church Order may be made only in the following manner:

1. Approval of the proposed amendment by majority of those present and voting in the General Assembly, and its recommendation to the Presbyteries.

2. The advice and consent of two-thirds (2/3) of the Presbyteries.

3. The approval and enactment by a subsequent General Assembly by a majority of those present and voting.

26-3. Amendments to the Confession of Faith and the Larger and Shorter Catechisms may be made only in the following manner:

1. Approval of the proposed amendment by three-fourths (3/4) of those present and voting in the General Assembly, and its recommendation to the Presbyteries.

2. The advice and consent of three-fourths (3/4) of the Presbyteries.

3. The approval and enactment by a subsequent General Assembly by three-fourths (3/4) of those present and voting.

This paragraph (BCO 26-3) can be amended only by the same method prescribed for the amendment of the Confession of Faith and Catechisms of the church.

26-4. In voting upon an amendment to the Constitution of the Presbyterian Church in America, the Presbyteries may not divide the parts of the amendment except as directed by the General Assembly which has recommended its adoption.

26-5. Full organic union and consolidation of the Presbyterian Church in America with any other ecclesiastical body can be effected only in the following manner:

1. The approval of the proposed union by three-fourths (3/4) of those present and voting in the General Assembly and its recommendation to the Presbyteries.

2. The advice and consent of three-fourths (3/4) of the Presbyteries.

3. The approval and consummation by a subsequent General Assembly by three-fourths (3/4) vote of those present and voting.

This paragraph (BCO 26-5) can be amended only by the same method prescribed for the amendment of the Confession of Faith and Catechisms of the church.

26-6. If by reason of the failure of a number of Presbyteries to act, or to report action, on any proposed amendment to the Standards and the response of the Presbyteries is not satisfactory to the succeeding General Assembly, it may defer action for one year. In that event the General Assembly shall urge the delinquent Presbyteries to report their judgment to the next Assembly, which shall take final action on the proposed amendment.

PART II

THE RULES OF DISCIPLINE

CHAPTER 27.

Discipline -- Its Nature, Subjects and Ends.

27-1. Discipline is the exercise of authority given the Church by the Lord Jesus Christ to instruct and guide its members and to promote its purity and welfare.

The term has two senses:

a. the one referring to the whole government, inspection, training, guardianship and control which the church maintains over its members, its officers and its courts;

b. the other a restricted and technical sense, signifying judicial process.

27-2. All baptized persons, being members of the church are subject to its discipline and entitled to the benefits thereof.

27-3. The exercise of discipline is highly important and necessary. In its proper usage discipline maintains:

a. the glory of God,

b. the purity of His Church,

c. the keeping and reclaiming of disobedient sinners. Discipline is for the purpose of godliness (1 Timothy 4:7); therefore, it demands a self-examination under Scripture.

Its ends, so far as it involves judicial action, are the rebuke of offenses, the removal of scandal, the vindication of the honor of Christ, the promotion of the purity and general edification of the church, and the spiritual good of offenders themselves.

27-4. The power which Christ has given the church is for building up, and not for destruction. It is to be exercised as under a dispensation of mercy and not of wrath. As in the preaching of the Word the wicked are doctrinally separated from the good, so by discipline the church authoritatively separates between the holy and the profane. In this it acts the part of a tender mother, correcting her children for their good, that every one of them may be presented faultless in the day of the Lord Jesus. Discipline is systematic training under the authority of God's Scripture. No communing or noncommuning member of the church should be allowed to stray from the Scripture's discipline. Therefore, teaching elders must:

a. instruct the officers in discipline,

b. instruct the congregation in discipline,

c. jointly practice it in the context of the congregation and church courts.

27-5. Scriptural law is the basis of all discipline because it is the revelation of God's Holy will.

Proper disciplinary principles are set forth in the Scriptures and must be followed. They are:

a. Instruction in the Word;

b. Individual's responsibility to admonish one another (Matthew 18:15, Galatians 6:1);

c. If the admonition is rejected, then the calling of one or more witnesses (Matthew 18:16);

d. If rejection persists, then the Church must act through her court unto admonition, suspension, excommunication and deposition (See BCO 29 and 30 for further explanation).

Steps (a) through (d) must be followed in proper order for the exercise of discipline.

CHAPTER 28.

Disciplining of Noncommuning Members.

28-1. The spiritual nurture, instruction and training of the children of the church are committed by God primarily to their parents. They are responsible to the church for the faithful discharge of their obligations. It is a principal duty of the church to promote true religion in the home. True discipleship involves learning the Word of God under the guidance of the Holy Spirit both at home and in the church. Without learning there is no growth and without growth there is no discipline and without discipline there is sin and iniquity (1 Timothy 4:7).

28-2. The home and the church should also make special provision for instructing the children in the Bible and in the church Catechisms. To this end Sessions should establish and conduct under their authority Sunday schools and Bible classes, and adopt such other methods as may be found helpful. The Session shall encourage the parents of the church to guide their children in the catechising and disciplining of them in the Christian religion.

28-3. The church should maintain constant and sympathetic relations with the children. It also should encourage them, on coming to years of discretion, to make confession of the Lord Jesus Christ and to enter upon all privileges of full church membership. If they are wayward they should be cherished by the church and every means used to reclaim them.

28-4. Adult noncommuning members, who receive with meekness and appreciation the oversight and instruction of the church, are entitled to special attention. Their rights and privileges under the covenant should be frequently and fully explained, and they should be warned of the sin and danger of neglecting their covenant obligations.

28-5. All noncommuning members shall be deemed under the care of the church to which their parents belong, if they live under the parental roof and are minors; otherwise, under that of the church where they reside, or with which they ordinarily worship.

CHAPTER 29.

Offenses.

29-1. An offense, the proper object of judicial process, is anything in the doctrines or practice of a Church member professing faith in Christ which is contrary to the Word of God. The Confession of Faith and the Larger and Shorter Catechisms of the Westminster Assembly, together with the formularies of government, discipline, and worship are accepted by the Presbyterian Church in America as standard expositions of the teachings of Scripture in relation to both faith and practice. Nothing, therefore, ought to be considered by any court as an offense, or admitted as a matter of accusation, which cannot be proved to be such from Scripture.

29-2. Offenses are either personal or general, private or public; but all of them being sins against God, are therefore grounds of discipline.

29-3. Personal offenses are violations of the divine law, considered in the special relation of wrongs or injuries to particular individuals. General offenses are heresies or immoralities having no such relation, or considered apart from it.

29-4. Private offenses are those which are known only to a few persons. Public offenses are those which are notorious.

CHAPTER 30.

Church Censures.

30-1. The censures which may be inflicted by church courts are admonition, suspension from the Sacraments, excommunication, suspension from office, and deposition from office. The censures of admonition or definite suspension from office shall be administered to an accused who, upon conviction, satisfies the court as to his repentance and makes such restitution as is appropriate. Such censure concludes the judicial process. The censures of indefinite suspension or excommunication shall be administered to an accused who, upon conviction, remains impenitent.

30-2. Admonition is the formal reproof of an offender by a church court, warning him of his guilt and danger, and exhorting him to be more circumspect and watchful in the future.

30-3. Suspension from Sacraments is the temporary exclusion from those ordinances, and is indefinite as to its duration. There is no definite suspension from the Sacraments.

Suspension from office is the exclusion of a church officer from his office. This may be definite or indefinite as to its duration. With respect to church officers, suspension from Sacraments shall always be accompanied by suspension from office. But suspension from office is not always necessarily accompanied with suspension from Sacraments.

Definite suspension from office is administered when the credit of religion, the honor of Christ, and the good of the delinquent demand it, even though the delinquent has given satisfaction to the court.

Indefinite suspension is administered to the impenitent offender until he exhibits signs of repentance, or until by his conduct, the necessity of the greatest censure be made manifest. In the case of indefinite suspension from office imposed due to scandalous conduct, the procedure outlined in BCO 34-8 shall be followed.

30-4. Excommunication is the excision of an offender from the communion of the church. This censure is to be inflicted only on account of gross crime or heresy and when the offender shows himself incorrigible and contumacious. The design of this censure is to operate on the offender as a means of reclaiming him, to deliver the church from the scandal of his offense, and to inspire all with fear by the example of his discipline.

30-5. Deposition is the degradation of an officer from his office, and may or may not be accompanied with the infliction of other censure.

CHAPTER 31.

The Parties in Cases of Process.

31-1. Original jurisdiction (the right to first or initially hear and determine) in relation to ministers of the Gospel shall be in the Presbytery of which the minister is a member, except in cases as provided in BCO 34-1. Such original jurisdiction in relations to church members shall be in the Session of the church of which he/she is a member, except in cases as provided in BCO 33-1.

31-2. It is the duty of all church Sessions and Presbyteries to exercise care over those subject to their authority. They shall with due diligence and great discretion demand from such persons satisfactory explanations concerning reports affecting their Christian character. This duty is more imperative when those who deem themselves aggrieved by injurious reports shall ask an investigation.

If such investigation, however originating, should result in raising a strong presumption of the guilt of the party involved, the court shall institute process, and shall appoint a prosecutor to prepare the indictment and to conduct the case. This prosecutor shall be a member of the court, except that in a case before the Session, he may be any communing member of the same congregation with the accused.

31-3. The original and only parties in a case of process are the accuser and the accused. The accuser is always the Presbyterian Church in America, whose honor and purity are to be maintained. The prosecutor, whether voluntary or appointed, is always the representative of the Church, and as such has all its rights in the case. In appellate courts the parties are known as appellant and appellee.

31-4. Every indictment shall begin: "In the name of the Presbyterian Church in America," and shall conclude, "against the peace, unity and purity of the Church, and the honor and majesty of the Lord Jesus Christ, as the King and Head thereof." In every case the Church is the injured and accusing party, against the accused.

31-5. An injured party shall not become a prosecutor of personal offenses without having tried the means of reconciliation and of reclaiming the offender, required by Christ.

"Moreover, if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother but if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established" (Matthew 18:15-16).

A church court, however, may judicially investigate personal offenses as if general when the interest of religion seem to demand it. So, also, those to whom private offenses are known cannot become prosecutors without having previously endeavored to remove the scandal by private means.

31-6. When the offense is general, the case may be conducted either by any person appearing as prosecutor or by a prosecutor appointed by the court.

31-7. When the prosecution is instituted by the court, the previous steps required by our Lord in the case of personal offenses are not necessary. There are many cases, however, in which it will promote the interests of religion to send a committee to converse in a private manner with the offender, and endeavor to bring him to a sense of his guilt, before instituting actual process.

31-8. Great caution ought to be exercised in receiving accusations from any person who is known to indulge a malignant spirit towards the accused; who is not of good character; who is himself under censure or process; who is deeply interested in any respect in the conviction of the accused; or who is known to be litigious, rash or highly imprudent.

31-9. Every voluntary prosecutor shall be previously warned, that if he fail to show probable cause of the charges, he may himself be censured as a slanderer of the brethren.

31-10. When a member of a church court is under process, all his official functions may be suspended at the court's discretion; but this shall never be done in the way of censure.

31-11. In the discussion of all questions arising in his own case, the accused shall exercise the rights of defendant only, not of judge.

CHAPTER 32.

General Provisions Applicable to all Cases of Process.

32-1. It is incumbent on every member of a court of Jesus Christ engaged in a trial of offenders, to bear in mind the inspired injunction: "Brethren, if a man is overtaken in any trespass, you who are spiritual restore such a one in the spirit of gentleness, considering yourself lest you also be tempted" (Galatians 6:1).

32-2. Process against an offender shall not be commenced unless some person or persons undertake to make out the charge; or unless the court finds it necessary, for the honor of religion, itself to take the step provided for in BCO 31-2.

32-3. It is appropriate that with each citation the moderator or clerk call the attention of the parties to the Rules of Discipline (BCO 27 through 46) and assist the parties to obtain access to them. When a charge is laid before the Session or Presbytery, it shall be reduced to writing, and nothing shall be done at the first meeting of the court, unless by consent of parties, except:

1. to appoint a prosecutor,

2. to order the indictment drawn and a copy, along with names of witnesses then known to support it, served on the accused, and

3. to cite all parties and their witnesses to appear and be heard at another meeting which shall not be sooner than ten days after such citation.

At the second meeting of the court the charges shall be read to the accused, if present, and he shall be called upon to say whether he be guilty or not.

If the accused confesses, the court may deal with him according to its discretion; if he plead and take issue, the trial shall proceed.

Accused parties may plead in writing when they cannot be personally present. Parties necessarily absent should have counsel assigned to them.

32-4. The citation shall be issued and signed by the moderator or clerk by order and in the name of the court. He shall also issue citations to such witnesses as either party shall nominate to appear on his behalf.

32-5. In drawing the indictment, the times, places and circumstances should, if possible, be particularly stated, that the accused may have an opportunity to make his defense.

32-6. When an accused person shall refuse to obey a citation, he shall be cited a second time. This second citation shall be accompanied with a notice that if he does not appear at the time appointed (unless providentially hindered, which fact he must make known to the court), or that if he appear and refuse to plead, he shall be dealt with for his contumacy, as hereinafter provided.

32-7. The time which must elapse between the serving of the first citation on the accused person, and the meeting of the court at which he is to appear, shall be at least ten (10) days. The time allotted for his appearance on the subsequent citation shall be left to the discretion of the court, provided that it be quite sufficient for a seasonable and convenient compliance with the citation.

32-8. When the offense with which an accused person stands charged took place at a distance, and it is inconvenient for the witnesses to appear before the court having jurisdiction, that court may either appoint a commission of its body, or request the coordinate court contiguous to the place where the facts occurred to take the testimony for it. The accused shall always have reasonable notice of the time and place of the meeting of this commission or coordinate court.

32-9. When an offense, alleged to have been committed at a distance, is not likely otherwise to become known to the court having jurisdiction, it shall be the duty of the court within whose bounds the facts occurred, after satisfying itself that there is probable ground for accusation, to send notice to the court having jurisdiction, which shall at once proceed against the accused; or the whole case may be remitted for trial to the coordinate court within whose bounds the offense is alleged to have been committed.

32-10. Before proceeding to trial, courts ought to ascertain that their citations have been duly served.

32-11. In every process, if deemed expedient there may be a committee appointed, which shall be called the Judicial Committee, and whose duty it shall be to digest and arrange all the papers, and to prescribe, under the direction of the court, the whole order of the proceedings. The members of this committee shall be entitled, notwithstanding their performance of this duty, to sit and vote in the case as members of the court.

32-12. When the trial is about to begin, it shall be the duty of the moderator solemnly to announce from the chair that the court is about to pass to the consideration of the case, and to enjoin on the members to recollect and regard their high character as judges of a court of Jesus Christ, and the solemn duty in which they are about to engage.

32-13. In order that the trial may be fair and impartial, the witnesses shall be examined in the presence of the accused, or at least after he shall have received due citation to attend. Witnesses may be cross-examined by both parties, and any questions asked must be pertinent to the issue.

32-14. On all questions arising in the progress of a trial, the discussion shall first be between the parties; and when they have been heard, they may be required to withdraw from the court until the members deliberate upon and decide the point.

32-15. When a court of first resort proceeds to the trial of a case, the following order shall be observed:

1. The moderator shall charge the court.

2. The indictment shall be read, and the answer of the accused heard.

3. The witnesses for the prosecutor and then those for the accused shall be examined.

4. The parties shall be heard: first, the prosecutor, and then the accused, and the prosecutor shall close.

5. The roll shall be called, and the members may express their opinion in the case.

6. The vote shall be taken, the verdict announced and judgment entered on the records.

32-16. Either party may, for cause, challenge the right of any member to sit in the trial of the case, which question shall be decided by the other members of the court.

32-17. Pending the trial of a case, any member of the court who shall express his opinion of its merits to either party, or to any person not a member of the court; or who shall absent himself from any sitting without the permission of the court, or satisfactory reasons rendered, shall be thereby disqualified from taking part in the subsequent proceedings.

32-18.

Minutes of the trial shall be kept by the clerk, which shall exhibit the charges, the answer, written record of the testimony, as defined by BCO 35-7, and all such acts, orders, and decisions of the court relating to the case, as either party may desire, and also the judgment.

The clerk shall without delay assemble the Record of the Case which shall consist of the charges, the answer, the citations and returns thereto, and the minutes herein required to be kept.

The parties shall be allowed copies of the record of the Case at their own expense if they demand them.

When a case is removed by appeal or complaint, the lower court shall transmit "the Record" thus prepared to the higher court with the addition of the notice of appeal or complaint, and the reasons therefor, if any shall have been filed.

Nothing which is not contained in this "Record" shall be taken into consideration by the higher court. On the final decision of a case in a higher court, the judgment shall be sent down to the court in which the case originated.

32-19. No professional counsel shall be permitted as such to appear and plead in cases of process in any court; but an accused person may, if he desires it, be represented before the Session by any communing member of the same particular church, or before any other court, by any member of that court. A member of the court so employed shall not be allowed to sit in judgment in the case.

32-20. Process, in case of scandal, shall commence within the space of one year after the offense was committed, unless it has recently become flagrant. When, however, a church member shall commit an offense, after removing to a place far distant from his former residence, and where his connection with the church is unknown, in consequence of which process cannot be instituted within the time above specified, the recent discovery of the church membership of the individual shall be considered as equivalent to the offense itself having recently become flagrant. The same principle, in like circumstances, shall also apply to ministers.

CHAPTER 33.

Special Rules Pertaining to Process Before Sessions.

33-1. Process against all church members, other than ministers of the Gospel, shall be entered before the Session of the church to which such members belong, except in cases of appeal. However, if the Session refuses to act in doctrinal cases or instances of public scandal and two other Sessions of churches in the same Presbytery request the Presbytery of which the church is a member to initiate proper or appropriate action in a case of process and thus assume jurisdiction and authority, the Presbytery shall do so.

33-2. When an accused person, having been twice duly cited, shall refuse to appear before the Session, or appearing, shall refuse to plead, the court shall enter upon its records the fact, together with the nature of the offense charged, and he shall be suspended from sealing ordinances for his contumacy. The censure may be made public, should this be deemed expedient by the Session, and shall in no case be removed until the offender has not only repented of his contumacy, but has given satisfaction in relation to the charges against him.

33-3. If the charge be one of gross crime or heresy, and the accused persist in his contumacy, the court may proceed to inflict the highest censure.

33-4. When it is impracticable immediately to commence process against an accused church member, the Session may, if it thinks the edification of the church requires it, prevent the accused from approaching the Lord's table until the charges against him can be examined.

CHAPTER 34.

Special Rules Pertaining to Process Against a Minister (Teaching Elder).

34-1. Process against a minister shall be entered before the Presbytery of which he is a member. However, if the Presbytery refuses to act in doctrinal cases or cases of public scandal and two other Presbyteries request the General Assembly to assume original jurisdiction (to first receive and initially hear and determine), the General Assembly shall do so.

34-2. As no minister ought, on account of his office, to be screened in his sin, or slightly censured, so scandalous charges ought not to be received against him on slight grounds.

34-3. If any one knows a minister to be guilty of a private offense, he should warn him in private. But if the offense be persisted in, or become public, he should bring the case to the attention of some other minister of the Presbytery.

34-4. If a minister accused of an offense, having been twice duly cited, shall refuse to appear before the Presbytery, he shall be immediately suspended. If after another citation, he shall still refuse to attend, he shall be deposed as contumacious, and suspended or excommunicated from the Church. Record shall be made of the judgment and of the charges under which he was arraigned, and the sentence shall be made public.

34-5. Heresy and schism may be of such a nature as to warrant deposition; but errors ought to be carefully considered, whether they strike at the vitals of religion and are industriously spread, or whether they arise from the weakness of the human understanding and are not likely to do much injury.

34-6. If the Presbytery find on trial that the matter complained of amounts to no more than such acts of infirmity as may be amended, so that little or nothing remains to hinder the minister's usefulness, it shall take all prudent measures to remove the scandal.

34-7. When a minister, pending a trial, shall make confession, if the matter be base and flagitious, such as drunkenness, uncleanness, or crimes of a greater nature, however penitent he may appear to the satisfaction of all, the court shall without delay impose definite suspension or depose him from the ministry.

34-8. A minister under indefinite suspension from his office or deposed for scandalous conduct shall not be restored, even on the deepest sorrow for his sin, until he shall exhibit for a considerable time such an eminently exemplary, humble and edifying life and testimony as shall heal the wound made by his scandal. A deposed minister shall in no case be restored until it shall appear that the general sentiment of the church is strongly in his favor, and demands his restoration; and then only by the court inflicting the censure, or with that court's consent.

34-9. When a minister is deposed, his pastoral relation shall be dissolved; but when he is suspended from office it shall be left to the discretion of the Presbytery whether the censure shall include the dissolution of the pastoral relation.

34-10. Whenever a minister of the Gospel shall habitually fail to be engaged in the regular discharge of his official functions, it shall be the duty of the Presbytery, at a stated meeting, to inquire into the cause of such dereliction and, if necessary, to institute judicial proceedings against him for breach of his covenant engagement. If it shall appear that his neglect proceeds only from his lack of acceptance to the church, Presbytery may, upon the same principle upon which it withdraws license from a licentiate for lack of evidence of the divine call, divest him of his office without censure, even against his will, a majority of two-thirds (2/3) being necessary for this purpose.

In such a case, the clerk shall under the order of the Presbytery forthwith deliver to the minister concerned a written note that, at the next stated meeting, the question of his being so dealt with is to be considered. This notice shall distinctly state the grounds for this proceeding. The party thus notified shall be heard in his own defense; and if the decision pass against him he may appeal, as if he had been tried after the usual forms. This principle may apply, with any necessary changes, to ruling elders and deacons.

CHAPTER 35.

Evidence.

35-1. All persons of proper age and intelligence are competent witnesses, except such as do not believe in the existence of God, or a future state of rewards and punishments. The accused party may be allowed, but shall not be compelled to testify; but the accuser shall be required to testify, on the demand of the accused. Either party has the right to challenge a witness whom he believes to be incompetent, and the court shall examine and decide upon his competency. It belongs to the court to judge the degree of credibility to be attached to all evidence.

35-2. A husband or wife shall not be compelled to bear testimony against one another in any court.

35-3. The testimony of more than one witness shall be necessary in order to establish any charge; yet if, in addition to the testimony of one witness, corroborative evidence be pronounced, the offense may be considered to be proved.

35-4. No witness afterwards to be examined, unless a member of the court, shall be present during the examination of another witness on the same case, if either party object.

35-5. Witnesses shall be examined first by the party introducing them; then cross-examined by the opposite party; after which any member of the court, or either party, may put additional interrogatories. No question shall be put or answered except by permission of the moderator, subject to an appeal to the court. The court shall not permit questions frivolous or irrelevant to the charge at issue.

35-6. The oath or affirmation to a witness shall be administered by the Moderator in the following or like terms:

Do you solemnly promise, in the presence of God, that you will declare the truth, the whole truth, and nothing but the truth, according to the best of your knowledge in the matter in which you are called to witness, as you shall answer it to the great Judge of the living and the dead?

If, however, at any time a witness should present himself before a court, who for conscientious reasons prefers to swear or affirm in any other manner, he should be allowed to do so.

35-7. Every question put to a witness shall, if required, be reduced to writing. When answered, it shall, together with the answer, be recorded, if deemed by the court or by either party of sufficient importance, and the testimony of the witness shall be read to him for his approbation and subscription.

35-8. The records of a court or any part of them, whether original or transcribed, if regularly authenticated by the moderator and clerk, or by either of them, shall be deemed good and sufficient evidence in every other court.

35-9. In like manner, testimony taken by one court and regularly certified shall be received by every other court as no less valid than if it had been taken by itself.

35-10. When it is not convenient for a court to have the whole or perhaps any part of the testimony in any particular case taken in its presence, a commission shall be appointed, or coordinate court requested, to take the testimony in question, which shall be considered as if taken in the presence of the court.

Due notice of the commission or coordinate court, and of the time and place of its meeting, shall be given to the opposite party, that he may have an opportunity of attending. If the accused shall desire on his part to take testimony at a distance for his own exculpation, he shall give notice to the court of the time and place at which it shall be taken, in order that a commission or coordinate court, as in the former case, may be appointed for the purpose. Testimony may be taken on written interrogatories by filing the same with the clerk of the court having jurisdiction of the case, and giving two weeks' notice thereof to the adverse party, during which time he may file cross-interrogatories, if he desire it. Testimony shall then be taken by the commission or coordinate court in answer to the direct and cross-interrogatories, if such are filed, and no notice need be given of the time and place of taking the testimony.

35-11. A member of the court who has given testimony in a case becomes disqualified for sitting as a judge if either party makes objection.

35-12. An officer or private member of the church refusing to testify may be censured for contumacy.

35-13. If after trial before any court new testimony be discovered, which the accused believes important, it shall be his right to ask a new trial and it shall be within the power of the court to grant his request.

35-14. If, in the prosecution of an appeal, new evidence be offered which, in the judgment of the appellate court, has an important bearing on the case, it shall be competent for that court to refer the case to the lower court for a new trial; or, with the consent of parties, to admit the evidence and proceed with the case.

CHAPTER 36.

The Infliction of Church Censures.

36-1. When any member or officer of the church shall be found guilty of an offense the court shall proceed with all tenderness and shall deal with its offending brother in the spirit of meekness, the members considering themselves lest they also be tempted.

36-2. Church censures and the modes of administering them should be suited to the nature of the offenses. For private offenses, censure should be administered in the presence of the court alone, or in private by one or more members of the court. In the case of public offenses, the degree of censure and mode of administering it shall be within the discretion of the court, acting in accordance with paragraphs below which deal with particular censures.

36-3. The Censure of Admonition should be administered in private by one or more members of the court if the offense is known only to a few and is not aggravated in character. If the offense is public the Admonition should be administered by the moderator in presence of the court and may also be announced in public should the court deem it expedient.

36-4. Definite suspension from office should be administered in the presence of the court alone or in open session of the court, as it may deem best, and public announcement thereof shall be at the court's discretion.

36-5. Indefinite suspension from office or the Sacraments should be administered after the manner prescribed for definite suspension, but with added solemnity, that the indefinite suspension may be the means of impressing the mind of the delinquent with a proper sense of his danger. Indefinite suspension should also be administered under the blessing of God of leading him to repentance. When the court has resolved to pass this sentence, the moderator shall address the offending brother to the following purpose:

Whereas, you, ___________________ (here describe the person as a teaching elder, ruling elder, deacon, or private member of the church) are convicted by sufficient proof (or are guilty by your own confession) of the sin of ______________ (here insert the offense), we the _______________________ Presbytery (or Church Session) in the name and by the authority of the Lord Jesus Christ, do now declare you suspended from the Sacraments of the Church (and from the exercise of your office), until you give satisfactory evidence of repentance.

To this shall be added such advice or admonition as may be judged necessary, and the whole shall be concluded with prayer to almighty God that He would follow this act of discipline with His blessing.

36-6. Excommunication is to be administered according to one or other of the two modes laid down for indefinite suspension, or to be inflicted in public as the court may decide. In administering this censure the moderator of the Session shall make a statement of the several steps which have been taken with respect to the offending brother, and of the decision to cut him off from the communion of the church. He shall then show from Matthew 18:15-18 and 1 Corinthians 5:1-5 the authority of the church to cast out unworthy members, and shall explain the nature, use and consequences of this censure. He shall then administer the censure in the words following:

Whereas, _________________________, a member of this church has been by sufficient proof convicted of the sin of _______________________, and after much admonition and prayer, obstinately refuses to hear the Church, and has manifested no evidence of repentance: Therefore, in the name and by the authority of the Lord Jesus Christ, we, the Session of ________________________ church do pronounce him to be excluded from the Sacraments, and cut off from the fellowship of the Church.

Prayer shall then be made that by God's blessing this solemn action of the court may issue in the repentance and restoration of the offender, and in the establishment of all true believers.

36-7. The censure of deposition shall be administered by the moderator in the words following:

Whereas, ____________________, a teaching elder of this Presbytery (or ruling elder or deacon of this church), has been proved, by sufficient evidence to be guilty of the sin of ____________________, we, the ____________________ Presbytery (or Church Session), do adjudge him disqualified for the office of the Christian ministry (or ruling eldership, or deaconship), and therefore we do hereby, in the name and by the authority of the Lord Jesus Christ, depose from the office of a teaching elder (or ruling elder or deacon) the said ____________________, and do prohibit him from exercising any of the functions thereof.

If the censure include suspension or excommunication, the moderator shall proceed to say:

We do moreover, by the same authority, suspend the said ____________________ from the Sacraments of the church, until he shall exhibit satisfactory evidence of sincere repentance,

or

We do moreover, by the same authority, exclude the said ____________________ from the Sacraments, and cut him off from the fellowship of the church.

The sentence of deposition ought to be inflicted with solemnities similar to those already prescribed in the case of excommunication.

CHAPTER 37.

The Removal of Censure.

37-1. A person who has been definitely suspended from office shall be restored by the court at the end of the term of his suspension by declaring words of the following import to him:

Whereas, you ____________________ have been debarred from the office of teaching elder, (or ruling elder, or deacon), but have now fulfilled the time of your censure, we, of the __________________ Presbytery (or Church Session) do hereby, in the name and by the authority of the Lord Jesus Christ, absolve you from the sentence of suspension and do restore you to the exercise of your said office, and all the functions thereof.

37-2. After any person has been indefinitely suspended from the Sacraments, it is proper that the rulers of the church should frequently converse with him as well as pray with him and for him, that it would please God to give him repentance.

37-3. When the court shall be satisfied as to the reality of the repentance of an indefinitely suspended offender, he shall be admitted to profess his repentance, either in the presence of the court alone or publicly. At this time the offender shall be restored to the Sacraments of the church, and/or to his office, if such shall be the judgment of the court. The restoration shall be declared to the penitent in the words of the following import:

Whereas, you, ______________, have been debarred from the Sacraments of the church (and/or from the office of teaching elder, or ruling elder, or deacon), but have now manifested such repentance as satisfies the church, we, the _______________ Church Session (or Presbytery), do hereby, in the name and by the authority of the Lord Jesus Christ, absolve you from the said sentence of suspension from the Sacraments (and/or your office) and do restore you to the full communion of the church (and/or the exercise of your said office, and all the functions thereof).

After which there shall be prayer and thanksgiving.

37-4. When an excommunicated person shall be so affected with his state as to be brought to repentance, and to desire to be readmitted to the communion of the church, the Session, having obtained sufficient evidence of his sincere penitence, shall proceed to restore him. This may be done in the presence of the court, or of the congregation as seems best to the Session.

On the day appointed for his restoration, the minister shall call upon the excommunicated person and propose to him in the presence of the court or the congregation the following questions:

1. Do you, from a deep sense of your great wickedness, freely confess your sins in thus rebelling against God, and in refusing to hear His Church; and do you acknowledge that you have been in justice and mercy cut off from the communion of the Church?

Answer, I do.

2. Do you now voluntarily profess your sincere repentance and contrition for your sin and obstinacy; and do you humbly ask the forgiveness of God and His Church?

Answer, I do.

3. Do you sincerely promise, through divine grace, to live in all humbleness of mind and circumspection; and to endeavor to adorn by a holy life the doctrine of God our Saviour?

Answer, I do.

Here the minister shall give the penitent a suitable exhortation, encouraging and comforting him. Then he shall pronounce the sentence of restoration in the following words:

Whereas, you ____________________, have been shut out from the communion of the church, but now have manifested such repentance as satisfies the church; in the name of the Lord Jesus Christ, and by His authority, we, the Session of this church, do declare you absolved from the sentence of excommunication formerly pronounced against you, and we do restore you to the communion of the church, that you may be a partaker of all the benefits of the Lord Jesus to your eternal salvation.

The whole shall be concluded with prayer and thanksgiving.

37-5. The restoration of a deposed officer, after public confession has been made in a manner similar to that prescribed in the case of the removal of censure from an excommunicated person, shall be announced to him by the Moderator in the following form, namely:

Whereas, you, ______________ , formerly a teaching elder of this Presbytery (or a ruling elder or deacon of this Church), have been deposed from your office, but have now manifested such repentance as satisfies the church; in the name of the Lord Jesus Christ, and by His authority, we, the _______________ Presbytery (or Church Session) do declare you absolved from the said sentence of deposition formerly pronounced against you; and we do furthermore restore you to your said office, and to the exercise of all the functions thereof, whenever you may be orderly called thereto.

After this there shall be prayer and thanksgiving, and the members of the court shall extend to him the right hand of fellowship.

37-6. When a ruling elder or deacon has been absolved from the censure of deposition, he cannot be allowed to resume the exercise of his office in the church without re-election by the people.

37-7. When a person under censure shall remove to a part of the country remote from the court by which he was sentenced, and shall desire to profess repentance and obtain restoration, it shall be lawful for the court, if it deems it expedient, to transmit a certified copy of its proceedings to the Session (or Presbytery) where the delinquent resides, which shall take up the case and proceed with it as though it had originated with itself.

37-8. In the restoration of a minister who is under indefinite suspension from the Sacraments, and/or his office, or has been deposed, it is the duty of the Presbytery to proceed with great caution. It should first admit him to the Sacraments, if he has been debarred from them. Afterwards it should grant him the privilege of preaching on probation for a time, so as to test the sincerity of his repentance and prospect of his usefulness. When satisfied in these respects, the Presbytery shall take steps to restore him to his office. But the case shall always be under judicial consideration until the declaration of restoration has been pronounced.

37-9. In the case of the removal of censures from, or the restoration of, a minister, jurisdiction shall be as follows:

a. If the censure(s) does not include excommunication, the presbytery inflicting the censure(s) shall retain the authority to remove the censure(s) and, at its discretion, restore him to office. This authority is retained by the presbytery even when a divested or deposed minister is assigned, under the provisions of BCO 46-8, to a session.

b. a. If the censure includes excommunication, the penitent may only be restored to the communion of the church through a session (BCO 1-3; 6-4; 57-4; 57-5; 57-6). Once the penitent is restored, and therefore a member of a local church, the authority to remove any other censure(s) in respect to office, concurrently imposed with that of excommunication shall belong to the court originally imposing such censure(s).

CHAPTER 38.

Cases Without Process.

38-1. When any person shall come forward and make his offense known to the court, a full statement of the facts shall be recorded and judgment rendered without process.

38-2. A minister of the Gospel against whom there are no charges, if fully satisfied in his own conscience that God has not called him to the ministry, or if he has satisfactory evidence of his inability to serve the Church with acceptance, may report these facts at a stated meeting of Presbytery. At the next stated meeting, if after full deliberation the Presbytery shall concur with him in judgment, it may divest him of his office without censure. This provision shall in like manner apply with any necessary changes to the case of ruling elders and deacons; but in all such cases the Session of the church to which the ruling elder or the deacon who seeks demission belongs shall act as the Presbytery acts in similar cases where a minister is concerned.

38-3.

a. When a member or officer in the Presbyterian Church in America shall attempt to withdraw from the communion of this branch of the visible Church by affiliating with some other branch (BCO 2-2), if at the time of the attempt to withdraw he is in good standing, the irregularity shall be recorded, his new membership acknowledged, and his name removed from the roll. But if at the time of the attempt to withdraw there is a record of an investigation in process (BCO 31-2), or there are charges (BCO 32-3) concerning the member or minister, the court of original jurisdiction may retain his name on the roll and conduct the case, communicating the outcome upon completion of the proceedings to that member or minister. If the court does not conduct the case, his new membership shall be acknowledged, his name removed from the roll, and, at the request of the receiving branch, the matters under investigation or the charges shall be communicated to them.


b. When a member or minister of the Presbyterian Church in America shall attempt to withdraw from the communion of this branch of the visible church by affiliating with a body judged by the court of original jurisdiction as failing to maintain the Word and Sacraments in their fundamental integrity (BCO 2-2), that member or minister shall be warned of his danger, and if he persists, his name shall be erased from the roll, thereby, so far as the Presbyterian Church in America is concerned, he is deemed no longer to be a member in any body which rightly maintains the Word and the Sacraments in their fundamental integrity, and if an officer, thereby withdrawing from him all authority to exercise his office as derived from this Church. When so acting the court shall make full record of the matter and shall notify the offender of its action.

38-4. When a member of a particular church has willfully neglected the church for a period of one year, or has made it known that he has no intention of fulfilling the church vows, then the Session, continuing to exercise pastoral discipline (BCO 27-1a and 27-4) in the spirit of Galations 6:1, shall remind the member, if possible both in person and in writing, of the declarations and promises by which he entered into a solemn covenant with God and His Church (BCO 57-5, nos. 3-5), and warn him that, if he persists, his name shall be erased from the roll.

If after diligently pursuing such pastoral discipline, and after further inquiry and due delay, the Session is of the judgment that the member will not fulfill his membership obligations in this or any other branch of the visible church (cf. BCO 2-2), then the Session shall erase his name from the roll. This erasure is an act of pastoral discipline (BCO 27-1a) without process. The Session shall notify the person, if possible, whose name has been removed.

Notwithstanding the above, if a member thus warned makes a written request for process (i.e., BCO Chapters 31-33, 35-36), the Session shall grant such a request. Further, if the Session determines that any offense of such a member is of the nature that process is necessary, the Session may institute such process.

CHAPTER 39.

Modes in Which the Proceedings of Lower Courts Come Under the Supervision of Higher Courts.

39-1. The acts and decisions of a lower court are brought under the supervision of a higher court in one or another of the following modes:

1. Review and Control;

2. Reference;

3. Appeal; and

4. Complaint.

39-2. When the proceedings of a lower court are before a higher court, the members of the lower court shall not lose the right to sit, deliberate and vote in the higher court, except in cases of appeal or complaint.

39-3. While affirming that the Scripture is "the supreme judge by which all controversies of religion are to be determined" (WCF 1, 10), and that the Constitution of the Presbyterian Church in America is "subordinate to the Scriptures of the Old and New Testaments, the inerrant Word of God" (BCO Preface, 111), and while affirming also that this Constitution is fallible (WCF 31.3), the Presbyterian Church in America affirms that this subordinate and fallible Constitution has been "adopted by the church" (BCO Preface, III) "as standard expositions of the teachings of Scripture in relation to both faith and practice" (BCO 29-1) and as setting forth a form of government and discipline "in conformity with the general principles of biblical polity" (BCO 21-5.3). To insure that this Constitution is not amended, violated or disregarded in judicial process, any review of the judicial proceedings of a lower court by a higher court shall by guided by the following principles:.

1 . A higher court, reviewing a lower court, should limit itself to the issues raised by the parties to the case in the original (lower) court. Further, the higher court should resolve such issues by applying the Constitution of the church as previously established through the constitutional process. .


2. A higher court should ordinarily exhibit great deference to a lower court regarding those factual matters which the lower court is more competent to determine, because of its proximity to the events in question, and because of its personal knowledge and observations of the parties and witnesses involved. Therefore, a higher court should not reverse a factual finding of a lower court, unless there is clear error on the part of the lower court. .


3. A higher court should ordinarily exhibit great deference to a lower court regarding those matters of discretion and judgment which can only be addressed by a court with familiar acquaintance of the events and parties. Such matters of discretion and judgment would include, but not be limited to: the moral character of candidates for sacred office, the appropriate censure to impose after a disciplinary trial, or judgment about the comparative credibility of conflicting witnesses. Therefore, a higher court should not reverse such a judgment by a lower court, unless there is clear error on the part of the lower court..


4. The higher court does have the power and obligation of judicial review, which cannot be satisfied by always deferring to the findings of a lower court. Therefore, a higher court should not consider itself obliged to exhibit the same deference to a lower court when the issues being reviewed involve the interpretation of the Constitution of the Church. Regarding such issues, the higher court has the duty and authority to interpret and apply the Constitution of the Church according to its best abilities and understanding, regardless of the opinion of the lower court..

CHAPTER 40.

General Review and Control.

40-1. It is the right and duty of every court above the Session to review, at least once a year, the records of the court next below, and if any lower court fails to present its records for this purpose, the higher court may require them to be produced immediately, or at any time fixed by this higher court.

40-2. In reviewing records of a lower court the higher court is to examine:

1. Whether the proceedings have been correctly recorded;

2. Whether they have been regular and in accordance with the Constitution;

3. Whether they have been wise, equitable and suited to promote the welfare of the Church;

4. Whether the lawful injunctions of the higher court have been obeyed.

40-3. It is ordinarily sufficient for the higher court merely to record in its own minutes and in the records reviewed whether it approves, disapproves or corrects the records in any particular; but should any serious irregularity be discovered the higher court may require its review and correction by the lower. Proceedings in judicial cases, however, shall not be dealt with under review and control when notice of appeal or complaint has been given the lower court; and no judgment of a lower court in a judicial case shall be reversed except by appeal or complaint.

40-4. Courts may sometimes entirely neglect to perform their duty, by which neglect heretical opinions or corrupt practices may be allowed to gain ground; or offenders of a very gross character may be suffered to escape; or some circumstances in their proceedings of very great irregularity may not be distinctly recorded by them. In any of these cases their records will by no means exhibit to the higher court a full view of their proceedings. If, therefore, the next higher court be well advised that any such neglect or irregularity has occurred on the part of the lower court, it is incumbent on it to take cognizance of the same, and to examine, deliberate and judge in the whole matter as completely as if it had been recorded, and thus brought up by review of its records.

40-5. When any court having appellate jurisdiction shall be advised, either by the records of the court next below or by memorial, either with or without protest, or by any other satisfactory method, of any important delinquency or grossly unconstitutional proceedings of such court, the first step shall be to cite the court alleged to have offended to appear by representative or in writing, at a specified time and place, and to show what it has done or failed to do in the case in question.

The court thus issuing the citation may reverse or redress the proceedings of the court below in other than judicial cases; or it may censure the delinquent court; or it may remit the whole matter to the delinquent court with an injunction to take it up and dispose of it in a constitutional manner; or it may stay all further proceedings in the case; as circumstances may require.

40-6. In process against a lower court, the trial shall be conducted according to the rules provided for process against individuals, so far as they may be applicable.

CHAPTER 41.

References.

41-1. A reference is a written representation and application made by a lower court to a higher for advice or other action on a matter pending before the lower court, and is ordinarily to be made to the next higher court.

41-2. Among proper subjects for reference are matters that are new, delicate or difficult; or on which the members of the lower court are very seriously divided; or which relate to questions involving the Constitution and legal procedures respecting which the lower court feels the need of guidance.

41-3. In making a reference the lower court may ask for advice only, or for final disposition of the matter referred; and in particular it may refer a judicial case with request for its trial and decision by the higher court.

41-4. A reference may be presented to the higher court by one or more representatives appointed by the lower court for this purpose. It should be accompanied with so much of the record as shall be necessary for proper understanding and consideration of the matter referred.

41-5. Although references are sometimes proper, in general it is better that every court should discharge the duty assigned it under the law of the Church.

A higher court is not required to accede to the request of the lower, but it should ordinarily give advice when so requested.

41-6. When a court makes a reference, it ought to have all the testimony and other documents duly prepared, produced, and in perfect readiness, so that the higher court may be able to fully consider and handle the case with as little difficulty or delay as possible.

CHAPTER 42.

Appeals.

42-1. An appeal is the transfer to a higher court of a judicial case on which judgment has been rendered in a lower court, and is allowable only to the party against whom the decision has been rendered. The parties shall be known as the appellant and appellee. An appeal cannot be made to any court other than the next higher, except with its consent.

42-2. Only those who have submitted to a regular trial are entitled to an appeal.

42-3. The grounds of appeal are such as the following: any irregularity in the proceedings of the lower court; refusal of reasonable indulgence to a party on trial; receiving improper or declining to receive proper evidence; hurrying to a decision before all the testimony is taken; manifestation of prejudice in the case; and mistake or injustice in the judgment and censure.

42-4. Notice of appeal may be given the court before its adjournment. Written notice of appeal, with supporting reasons, shall be filed by the appellant with both the clerk of the lower court and the clerk of the higher court, within thirty (30) days following the meeting of the court. No attempt should be made to circularize the courts to which appeal is being made by either party before the case is heard.

42-5. It shall be the duty of the clerk of the lower court to file with the clerk of the higher court, not more than thirty (30) days after receipt of notice of appeal, a copy of all proceedings in connection with the case, including the notice of appeal and reasons therefor, the response of the lower court, the evidence, and any papers bearing on the case, which together shall be known as "the Record of the Case", and the higher court shall not admit or consider anything not found in this "Record" without the consent of the parties in the case. Should new evidence come to light the case shall be remanded to the lower court from which the appeal was made, unless both parties consent to admit the new evidence and proceed with the case.

42-6. Notice of appeal shall have the effect of suspending the judgment of the lower court until the case has been finally decided in the higher court. However, the court of original jurisdiction may, for sufficient reasons duly recorded, prevent the appellant from approaching the Lord's Table, and if an officer, prevent him from exercising some or all his official functions, until the case is finally decided (cf. BCO 31- 10; 33-3). This shall never be done in the way of censure.

42-7. If a lower court shall neglect to send up "the Record of the Case" or any part of it, to the injury of the appellant, it shall receive a proper rebuke from the higher court, and the judgment from which the appeal has been taken shall be suspended until "the Record" is produced upon which the issue can be fairly tried.

42-8. After a higher court has decided that an appeal is in order and should be entertained by the court, the court shall hear the case, or in accordance with the provisions of BCO 15-2 and 15-3, appoint a commission to do so. At the hearing, after the Record has been read, each side should be allotted not over thirty (30) minutes for oral argument, the appellant having the right of opening and closing the argument. After the hearing has been concluded, the court or commission should go into closed session, and discuss the merits of the case.

The vote then should be taken, without further debate, on each specification in this form:

Shall this specification of error be sustained?

If the court or commission deem it wise, it may adopt a minute explanatory of its action, which shall become a part of its Record of the Case. The court or commission shall designate one of its members to write the opinion, which opinion shall be adopted by the court or commission as its opinion.

42-9. The decision of the higher court may be to affirm in whole or in part; to reverse in whole or in part; to render the decision that should have been rendered; or to remand the case to the lower court for a new trial. In every case a written opinion shall be prepared, and a copy of the opinion and judgment entered will be delivered personally or mailed to the lower court and the appellant, with a written receipt required.

42-10. An appellant may represent himself or be represented as provided in BCO 32-19.

42-11. An appellant shall be considered to have abandoned his appeal if he fails to appear before the higher court, in person or by counsel, for a hearing thereof, after he has been properly notified; but an appellant may waive, in writing, his right to appear with permission of the court and not be considered to have abandoned his case. In case of such failure to appear, the judgment of the lower court will stand unless the appellant gives to the court a prompt and satisfactory explanation.

42-12. If an appellant manifests a litigious or otherwise unChristian spirit in the prosecution of his appeal, he shall receive a suitable rebuke by the appellant court.

CHAPTER 43.

Complaints.

43-1. A complaint is a written representation made against some act or decision of a court of the Church. It is the right of any communing member of the church in good standing to make complaint against any action of a court to whose jurisdiction he is subject, except that no complaint is allowable in a judicial case in which an appeal is taken.

43-2. A complaint shall first be made to the court whose act or decision is alleged to be in error. Written notice of complaint, with supporting reasons, shall be filed with the clerk of the court within thirty (30) days following the meeting of the court. The court shall consider the complaint at its next stated meeting, or at a called meeting prior to its next stated meeting. No at