is either so notorious and scandalous, as that no private steps would obviate its injurious effects; or when, though originally known to one, or a few, the private steps have been ineffectual, and there is, obviously, no way of removing the offence, but by means of a judicial process.

III. An offence, gross in itself, and known to several, may be so circumstanced, that it plainly cannot be prosecuted to conviction. In such cases, however grievous it may be to the pious, to see an unworthy member in the church, it is proper to wait until God, in his righteous pro vidence, shall give further light; as few things tend more to weaken the authority of discipline, and to multiply offences, than to com mence process without sufficient proof.

IV. When any person is charged with a crime, not by an individual, or individuals, coming forward as accusers, but by general rumour, the previous steps prescribed by our Lord in case of private offences, are not necessary; but the proper judicatory is bound to take immediate cognizance of the affair.

V. In order to render an offence proper for the cognizance of a judicatory on this ground, the rumour must specify some particular sin or sins; it must be general, or widely spread; it must not be transient, but permanent, and rather gaining strength than declining: and it must be accompanied with strong presumption of truth. Taking up charges on this ground, of course, requires great caution, and the exercise of much Christian prudence.

VI. It may happen, however, that in consequence of a report, which does not fully amount to a general rumour, as just described, a slandered individual may request a judicial investigation, which it may be the duty of the judicatory to institute.

CHAPTER IV.

OF ACTUAL PROCESS.

I. WHEN all other means of removing an offence have failed, the judicatory to which cognizance of it properly belongs, shall judicially take it into consideration.

II. There are two modes in which an offence may be brought before a judicatory: either by an individual or individuals, who appear as accusers, and undertake to substantiate the charge; or by common fame.

III. In the former case, process must be pursued in the name of the accuser or accusers. In the latter, there is no need of naming any person as the accuser. Common fame is the accuser. Yet a general rumour may be raised by the rashness, censoriousness, or malice, of one or more individuals. When this appears to have been the case, such individuals ought to be censured in proportion to the degree of criminality which appears attached to their conduct.

IV. 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.

V. When a judicatory enters on the consideration of a crime or crimes alleged, no more shall be done, at the first meeting, unless by consent of parties, than to give the accused a copy of each charge with the names of the witnesses to support it; and to cite all concerned to appear at the next meeting of the judicatory, to have the matter fully heard and decided. Notice shall be given to the parties concerned, at least ten days previously to the meeting of the judicatory.

VI. The citations shall be issued and signed by the moderator or clerk, by order, and in the naine of the judicatory. He shall also furnish citations for such witnesses as the accused shall nominate, to appear on his behalf.

VII. Although it is required that the accused be informed of the names of all the witnesses who are to be adduced against him, at least ten days before the time of trial, (unless he consent to waive the right and proceed immediately) it is not necessary that he, on his part, give a similar notice to the judicatory of all the witnesses intended to be adduced by him for his exculpation.

VIII. In exhibiting charges, the times, places, and circumstances should, if possible, be ascertained and stated, that the accused may have

an opportunity to prove an alibi, or to extenuate or alleviate his offence.

IX. The judicatory, in many cases, may find it more for edification, to send some members to converse, in a private manner, with the accused person; and if he confess guilt, to endeavour to bring him to repentance, than to proceed immediately to citation.

X. When an accused person, or a witness, refuses to obey the citation, he shall be cited a second time; and if he still continue to refuse, he shall be excluded from the communion of the church, for his contumacy, until he repent.

XI. Although, on the first citation, the person cited shall declare in writing, or otherwise, his fixed determination not to obey it; this declaration shall, in no case, induce the judicatory to deviate from the regular course prescribed for citations. They shall proceed as if no such declaration had been made. The person cited may afterwards alter his mind.

XII. The time which must elapse between the first citation of an accused person, or a witness, and the meeting of the judicatory at which he is to appear, is at least ten days. But the time allotted for his appearance in the subsequent citation is left to the discretion of the judicatory; provided always, however, that it be not less than is quite sufficient for a seasonable and convenient compliance with the cita tion.

XIII. The second citation ought always to be accompanied with a notice, that if the per

son cited do not appear at the time appointed, the judicatory, besides censuring him for his contumacy, will, after assigning some person to manage his defence, proceed to take the testimony in his case, as if he were present.

XIV. Judicatories, before proceeding to trial, ought to ascertain that their citations have been duly served on the persons for whom they were intended, and especially before they proceed to ultimate measures for contumacy.

XV. The trial shall 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; and he shall be permitted to ask any questions tending to his own exculpation.

XVI. The judgment shall be regularly entered on the records of the judicatory: and the parties shall be allowed copies of the whole proceedings, at their own expense, if they demand them. And in case of references or appeals, the judicatory referring, or appealed from, shall send authentic copies of the whole process to the higher judicatory.

XVII. The person found guilty shall be admonished or rebuked, or excluded from church privileges, as the case shall appear to deserve, until he give satisfactory evidence of repent

ance.

XVIII. As cases may arise in which many days, or even weeks, may intervene before it is practicable to commence process against an accused church member, the session may, in such cases, and ought, if they think the edifi