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Chapter 34: Special Rules Pertaining to Process Against a Minister

Part II — The Rules of Discipline

Sections 35.1–35.10

34-1

Section 35.1

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

Section 35.2

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

Section 35.3

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

Section 35.4

34-4. a. When a minister accused of an offense is found contumacious (cf.
32-6), he shall be immediately suspended from the sacraments and his office
for his contumacy. Record shall be made of the fact and of the charges under
which he was arraigned, and the censure shall be made public. The censure
shall in no case be removed until the offender has not only repented of his
contumacy, but has also given satisfaction in relation to the charges against
him.
b. If after further endeavor by the court to bring the accused to a sense
of his guilt, he persists in his contumacy, he shall be deposed and
excommunicated from the Church.

34-5

Section 35.5

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

Section 35.6

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

Section 35.7

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

Section 35.8

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. The removal of deposition requires a three-fourths (3/4) vote
of the court inflicting the censure, or a three-fourths (3/4) vote of the court to
which the majority of the original court delegates that authority.

34-9

Section 35.9

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

Section 35.10

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.