ACT of the General Affembly, approving a Form of Procefs, &c.

TH

Edinburgh, 18th April, 1707. Seff. 11.

HE General Affembly having at this Day, and at feveral former Diets had read in their Audience, the Overtures concerning a Form of Procefs in the Judi catories of this Church, with Relation to Scandals and Cenfures, which were tranfmitted by the late General Affembly to the feveral Prefbyteries for their Judgment thereupon, and having maturely confidered the faids whole Overtures, with the Remarks and Obfervations of Prefbyteries made upon the fame, after full Reafoning, both in Committees and open Affembly upon the feveral Particulars_contained in the faid Form of Process, the General Affembly did by their Votes nomine contradicente, and hereby do ratify and approve the forefaid Form of Process, as now amended in the whole Heads and Articles thereof, and appoint and ordain the fame to be observed and practifed by the refpective Judicatories of this Church, as an Act and Ordinance of Affembly; and as fixed binding Rules and Directions in the whole Matters therein contained, except the 7, 8, and 9 Paragraphs of the 4th Chapter, and what concerns the preffing of the Oath of Purgation. As' to which the General Affernbly fupercedes at this Time to enjoin the Obfervation thereof as pofitive standing Rules, but they d'd, and hereby do, unanimously recommend to the feveral Prefbyteries and other Judicatories of the Church, that they regulate themselves according to the Advice therein infinuated, as they fhall find to tend moft for Edification: The Tenor of which Form of Process follows.

THE

THE

FORM of PROCESS, &c.

CHAP. I.

Concerning Church-Government, Difcipline, Scandals, and Genfures in general.

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UR Lord Jefus Chrift hath inftituted a Government, and Governors ecclefiaftical in his House, with Power to meet for the Order and Government thereof; and to that Purpose, the Apostles did immediately receive the Keys from the Hands of their Lord and Mafter Jefus Chrift, and did use and exercise the fame upon all Occafions, and Chrift hath from Time to Time furnished fome in his Church with Gifts for Government, and with Commiffion to exercise it when called thereunto, and has promised his Prefence to be with them to the End of the World.

2. It is agreeable to, and founded on the Word of God, that fome others, befides thefe who labour in the Word and Doctrine, be Church-governors, to join with the Minifters of the Word in the Government of the Church, and Exercise of Discipline and Overfight of the Manners of the People, which Officers are called Ruling Elders: As alfo, that the Church be governed by feveral Sorts of Judicatories, and one in Subordination to the other, fuch as Kirk-feffions, Prefbyteries, provincial Sy nods, and general Affemblies.

3. Church Difcipline and Cenfures, for judging and removing of Offences are of great Ufe and Neceffity in the Church, that the Name of God, by reafon of ungodly and wicked Perfons living in the Church, be not blafphemed, nor his Wrath provoked against hi People, that the godly be not leavened with, but preferved

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from

from the Contagion, and ftricken with Fear, and that Sinners who are to be cenfured may be afhamed, to the Destruction of the Flesh, and Saving of the Spirit in the Day of the Lord Jefus.

4. Nothing ought to be admitted by any Church Jadicatory as the Ground of a Process for Cenfure, but what hath been declared cenfurable by the Word of God, or fome Act of universal Custom of this national Church a. greeable thereto; and the several Judicatories of this Church ought to take timous Notice of all Scandals: But it is judged, that if a Scandal fhall happen not to be noticed in order to cenfure for the Space of five Years, it fhould not be again revived, so as to enter in a Procefs thereanent, unless it be of an hainous Nature, or become again flagrant, but the Confciences of fuch Perfons ought to be ferioufly dealt with in private to bring them to a Senfe of their Sin and Duty.

5. These Affemblies or Church Judicatories beforementioned have Power to conveen and call before them any Perfons within their own Bounds, whom the ecclefiaftick Bufinefs, which is before them doth concern, either as Party-witness or otherwise, and to examine them according to the Nature of the Affair, and to hear and determine in fuch Cafes as fhall orderly come before them, and accordingly difpenfe Church Cenfures.

6. If a Perfon be charged with a Scandal, who lives within the Bounds of another Parish, the Kirk Session of the Parish where that Person resides should be defired to cause cite that Perfon to answer before the Seffion in whofe Bounds the Scandal happened, and the fame Courfe is to be followed in fuch Cafes by the other Judicatories of the Church, feeing for Order's Sake they fhould not prefume to exercise their Authority without their own Bounds.

7. The Minister of the Word being an Office above that of the Ruling Elder, cannot be liable to the Cenfure of the Kirk Seffion, but to the fuperior Judicatories of the Church.

CHAP.

CHA P. II.

Concerning the Entering of Proceffes, Citation of Parties and Witneffes, and asking Depofitions, and anent Fugitives from Difcipline.

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Embers of Kirk Seffions are wifely to confider the Information they get of Scandals, and confult with their Minifter thereanent, even before the same be communicate to others, that thereby the fpreading of the Scandal may be prevented, and it may be removed by private Admonition according to our Lord and Saviour's Rule, Matth xviii. 15. which, if Amendment follow, is the far better way of gaining and recovering a lapfed Brother, whereas the needless spreading of a Scandal does fometimes harden the Guilty, grieve the Godly, and is dishonourable to Religion,

2. When any Business is moved in a Church Judicatory, whether by Information, Petition, or otherwise, they are in the first Place to confider, whether the Matter in its circumftantial Cafe be proper for them to enter upon, and whether it be orderly brought in, and proper for them to cognofce and discuss it themselves, or prepare it for fuperior Judicatories, and fhould endeavour to fhorten their Work as much as with the Edification of the Church they can, especially as to the Head of Scandal, but still on all Occafions the Office-bearers in the Houfe of God are to fhew all prudent Zeal against Sin.

3. In proceeding in all Caufes, where there is any Perfon or Parties concerned, the Judicatory is to fee, that before they proceed, thefe Persons or Parties be duly fifted before them by a legal and timous Citation in write, bearing its Caufe, either at the Inftance of a Party complaining, or at leaft by order of the Judicatory; and if they be refiding within the Parish, the fame may be upon Forty-eight Hours Advertisement, and the Execution of the Summons bearing its Cause, and made before two or three Witneffes infert, is to be returned

by the Beadle or Officer in writing, and the Perfous cited, called at the Door; and this is especially to be obferved by Prefbyteries and other fuperior Judicatories of the Church.

4. Sometimes it may be fit that the Party be privately fpoken to, before any Citation be given or Process be gun, for their better gaining, in which Cafe the Minister is to exercife his own Difcretion, and take the Concurrence of Elders and others with him, but if the Party cited as above, appear not, there ought to be a second, and then a third Citation given by the Order of the Seffions and Prefbyteries, either perfonally, or left at their Dwelling-houfe,before the Judicatory declare the Person Contumacious, unless the Party be cited to appear before a fuperior Judicatory by Reference or Appeal, in which Cafe there is not that Need of fo many Citations, before the superior Judicatory, the Party having actually appeared before the inferior Judicatory; and being cited apud acta, to appear before the Superior, and the fame marked in the Minutes, or having been declared Contumacious before the Caufe was brought before the fuperior Judicatory.

5. All Citations apud acta, are peremptory, and if inftructed, infer Contumacy, if not obeyed.

6. If the perfon do not appear on the third Citation, or upon a Citation apud acta, and no relevant Excufe adduced and verified, though in that Cafe he be cenfurable for Contumacy, yet it may be fit the Judicatory proceed to take Cognition, either by examining Witnef fes upon Oath, or by other Documents of the Verity of the Scandals delated against him, before they censure him for Contumacy.

7. If the Party appear, then the Moderator is to inform the Perfon of the Occafion of his being called, and to give him, if defired, a fhort Note in writing thereof, with the Names of the Witneffes that are to be made ufe of,

8. There seems to be no need of Accufers, or inform

érs in ecclefiaftick Proceffes, where the fame are not raif

ed at the Inftance of a Party complaining formally, but

the