N U M B E R II.
Of the F A M A C L A M O S A. B y the I
Rev. Mr. R u t h e r f o r d .
SIR,
WH E N I had the pleafur„e of feeing you Mr, you delireJ
me to give you fome account of the proceedings of tliel
Church of Scotland againft a minifter in cafe of a Fama Clamofa. l|
would think myfelf happy, if I could in the teaft contribute tol
affift you in your laudable defign of diffufmg knowlege, and oil
making one part of the kingdom acquainted with the manners and!
euftoms of the other. You are well acquainted with the Church!
Courts, and the method of proceeding in ordinary cafes, as I find .':
from your Tour. An appeal can be made from a Seffion to aPrefl
bytery, from a Preibytery to, a Synod, from a Synod to the General
Affembly, which is the fupreme court, and from its decifion there!
lies no appeal. Any perfon who is of a good character, may give!
to the Preibytery a complaint againft one of their -members; but!
the Preibytery is not to proceed to the citation of the perfon ac-l
cufed, or, as we term it, to begin the procefs,. until the acculsrl
under his hand gives in the complaint, with fome account of its!
probability, and undertakes to make out the libel,, under the pain!
of being coniidered as a flanderer. "When fuch an accufation is!
brought before them, they are. obliged candidly to examine the!
affair, |
ifair. But, beiides this, the Preibytery confiders itfelf obliged to
proceed againft any of its members, if a Fama Clamofa ofthefcandal
isfogreat that they cannot be vindicated,, unlefs they begin the prortfs,
This they can do without any particular accufer, after they
lave inquired into the rife, occafion, and authors of this report. It
is a maxim in the Kirk of Scotland,, that religion muft fuffer, if the
Scandalous or immoral aftions of a minifter are not correited. And
Uerever a minifter is reputed guilty of any immorality, (although
[before the moft popular preacher in the kingdom) none almoft will
¡attend upon his miniftry. Therefore the Preibytery for the fake of
Ugion is obliged to proceed againft a minifter in cafe of a Fama
fltmfa. This however is generally done with great tendernefs.
After they'have coniidered the report raifed againft hin>,. then they
eider him to be cited, draw out a full copy of what is reported, with,
jalift of the witneffes names to be led for proving this allegation.
IHeis now to be formally fummoned to appear before them ; and he
kswarnino- oiven him, at leaft ten days before p O ' J the time of his comipearance,
to give in his anfwers to what is termed the libel; and the
names of the witneffes ought alfo to be fent him. I f at the time appointed
the minifter appear, the libel is to be read to him,, and his-
anfwers are alfo to be read. I f the libel, be found relevant, then the
Preibytery is to endeavour to bring him to a confeffion. I f the
matter confeffed be of a fcandalous nature,, fuch as uncleannefs, the
Preibytery generally depofe him from his office, and appoint him-
in due time to appear before the congregation, where the fcandal was-
given, and to make public confeffion of his crime and. repentance.
If a minifter abfent himfelf by leaving the place, and be contumacious,
without making any relevant excufe, a new citation is given
him,