The central Presbyterian. [volume] (Richmond, Va.) 1856-1908, 1866-10-17
CENTRAL PRESB YTERIA e.

the injured party can never be a prose
cutor without having previously tried the
means of reconciliation, and of reclaim
ing the offender, required by Christ
"Moreoyer, if thy brother shall trespass
against thee, go and tell him his fault
between thee and him alone: if he shall
hear thee, thou hast gained thy brother.
But if he will not hear thee, then take
with thee one or two more, that in the
mouth of two or three witnesses every
word may be established. Matt. xviii.
Is, 16. A church court, however, may
judicially investigate them as general
offences where the interests of religion
seem to demand it. Neither in the case
of private offences can those to whom
they are known become prosecutors
without having previously endeavored to
remove the scandal by private means.
III. General offences may be brought
before a court, either by an individual
or individuals, who appear as prosecutors,
and undertake to substantiate the charge !;
or by prosecutor appointed by the
court.
~. In cases of prosecution instituted
by the court, the previous steps required
by our Lord, in the case of personal
offences, are not necessary. There are
many cases, however, in which it will
better promote the interests of religion
to send committee to converse in a
private manner with the offender, and to
endessss'.5Srr to bring him to a sense of his
guilt, than to institute actual process.
V. 1t is the duty of all church ses-
sions and presbyteries 70 exercise a pro-
per care over those subject to their
authority; and they shall, with due dill
gence, and great discretion, demand from
such persons satisfactory explanations
concerning reports injuriously affecting
their Christian character !; and such duty
is the more imperative, when those who
deem themselves aggrieved by such re-
ports, shall ask an investigation. If such
investigation, however originating, should
result in raising strong presumption of
the guilt of the party involved, the
court shall promptly appoint a prosecu-
tor to conduct the case. Such prosecu-
tor shall be a member of the court, ex-
cept that, in a session, he may be any
communicating member of the same
church with the accused.
VI. The original and only parties to
trial are the accuser and the accused ;
and this accuser is always the Presbyte-
rian Church in the United States, whose
honor and purity are to be maintained.
The prosecutor who represents the church
has all the rights of an original party.
In appellate courts these parties are
known as appellant and APPELLEE.
VII. Every Indictment shall be In the
name of the Presbyterian Church in the
United States" and shall conclude,
against the peace, unity, and purity of
the church, and the honor and majesty
of the Lord Jesus Christ, as the King
and Head thereof" In every case the
church is the injured and accusing
party, yersus the accused.
VIII. Great caution ought to be exer-
cised in receiving accusations from any
person who is known to indulge malig-
nant spirit towards the accusedS who is
not of good character; who is himself
under censure or process; who is deeply
interested in ally respect in the conYic-
ton of the accused; or who is known to
be litigious, rash, or highly imprudent.
TX. Any prosecutor, but especially the
prosecutor of a minister of the gospel,
shall be previously warned, that if he fail
TO show probable cause of the charges,
he must himself be censured as a SIAN
derer of the brethren, in proportion to
the maGgnity or rashness that shall APP
pear in the prosecution.
X. When a member of church court
is under process, all his functions as a
member of the court may be suspended,
at its discretion; and in the discussion of
all questions arising in his own cause,
the accused shall only exercise the rights
of defendant, not of judge.