The Process of Discipline (Chapters 31-38)

Question 1

With what court should the charges be filed?

Answer 1

-With the court of original jurisdiction which rests with the body in which a person is a member.
-“Original jurisdiction (the right to first or initially hear and determined in relation to ministers of the
Gospel shall be in the Presbytery of which the minister is a member, except in cases as provided in BCO
34-1. Such original jurisdiction in relation to church members shall be in the session of the church of which
he/she is a member, except in cases as provided in BCO 33-1.”

Question 2

What must be done before the formal charges are brought?

Answer 2

-Sessions and Presbyteries must determine from such persons satisfactory explanations concerning reports
affecting their Christian character.
-“It is the duty of all church sessions and presbyteries to exercise care over those subject to their authority.
They shall with due diligence and great discretion demand from such persons satisfactory explanations
concerning reports affecting their Christian character. This duty is more imperative when those who deem
themselves aggrieved by injurious reports shall ask an investigation …“-BCO 31-2

Question 3

When must a formal judicial process be pursued?

Answer 3

-When the court finds through investigation a strong presumption of guilt in the party involved.
-“…If such investigation, however originating, should result in raising a strong presumption of the guilt of
the party involved, the court shall institute process, and shall appoint a prosecutor to prepare the
indictment and to conduct the case. This prosecutor shall be a member of the court, except that in a case
before the Session, he may be any communing member of the same congregation with the accused. “-BCO
31-2

Question 4

How many witnesses are required?

Answer 4

-More than one
-“The testimony of more than one witness shall be necessary in order to establish any charge; yet if in the
testimony of one witness, corroborative evidence be produced, the offense may be considered to b proved.
.’-BCO 35-3

Question 5

How should a censure be administered?

Answer 5

• With all tenderness and in a spirit of meekness
• Suited to the nature of the offenses
• See BCO 36 for details

Question 6

What is the goal of discipline in regard to the offender?

Answer 6

-Repentance and restoration to the body