Chapter 11: Jurisdiction of Church Courts
Part I — Form of Government
Sections 12.1–12.4
Section 12.1
11-1. These assemblies are altogether distinct from the civil magistracy, and
have no jurisdiction in political or civil affairs. They have no power to inflict
temporal pains and penalties, but their authority is in all respects moral or
spiritual.
Section 12.2
11-2. The jurisdiction of Church courts is only ministerial and declarative,
and relates to the doctrines and precepts of Christ, to the order of the Church,
and to the exercise of discipline.
First, they can make no laws binding the conscience; but may frame
symbols of faith, bear testimony against error in doctrine and immorality in
practice, within or without the Church, and decide cases of conscience.
Secondly, they have power to establish rules for the government,
discipline, worship, and extension of the Church, which must be agreeable to
the doctrines relating thereto contained in the Scriptures, the circumstantial
details only of these matters being left to the Christian prudence and wisdom
of Church officers and courts.
Thirdly, they possess the right to require obedience to the laws of
Christ. Hence, they admit those qualified to sealing ordinances and to their
respective offices, and they exclude the disobedient and disorderly from such
offices or from sacramental privileges. The highest censure to which their
authority extends is to cut off the contumacious and impenitent from the
congregation of believers. Moreover, they possess all the administrative
authority necessary to give effect to these powers.
Section 12.3
11-3. All Church courts are one in nature, constituted of the same elements,
possessed inherently of the same kinds of rights and powers, and differing only
as the Constitution may provide. When, however, according to Scriptural
example, and needful to the purity and harmony of the whole Church, disputed
matters of doctrine and order arising in the lower courts are referred to the
higher courts for decision, such referral shall not be so exercised as to impinge
upon the authority of the lower court.
Section 12.4
11-4. For the orderly and efficient dispatch of ecclesiastical business, it is
necessary that the sphere of action of each court should be distinctly defined.
The Session exercises jurisdiction over a single church, the Presbytery over
what is common to the ministers, Sessions, and churches within a prescribed
district, and the General Assembly over such matters as concern the whole
Church. The jurisdiction of these courts is limited by the express provisions
of the Constitution.
Every court has the right to resolve questions of doctrine and
discipline seriously and reasonably proposed, and in general to maintain truth
and righteousness, condemning erroneous opinions and practices which tend
to the injury of the peace, purity, or progress of the Church. Although each
court exercises exclusive original jurisdiction over all matters especially
belonging to it, the lower courts are subject to the review and control of the
higher courts, in regular gradation. These courts are not separate and
independent tribunals, but they have a mutual relation, and every act of
jurisdiction is the act of the whole Church performed by it through the
appropriate organ.