13. Jurisdiction of Church Courts

  1. These assemblies are altogether distinct from the civil magistrate, nor have they any jurisdiction in political or civil affairs. They have no power to inflict temporal pains and penalties, but their authority is in all respects moral or spiritual.
  2. The jurisdiction of Church courts is only ministerial and declarative, and relates to the doctrines and precepts of Christ, to the order of the Church, and to the exercise of discipline. First, They can make no laws binding the conscience; but may frame doctrinal standards, bear testimony against error in doctrine and immorality in practice, within or without the pale of the Church, and decide cases of conscience. Secondly, They have power to establish rules for the government, discipline, worship, and extension of the Church, which must be agreeable to the doctrines relating thereto contained in the Scriptures, the circumstantial details only of these matters being left to the Christian prudence and wisdom of church officers and courts. Thirdly, They possess the right of requiring obedience to the laws of Christ. Hence, they admit those qualified to sealing ordinances and to their respective offices, and they exclude the disobedient and disorderly from their offices or from sacramental privileges; but the highest censure to which their authority extends is to cut off the contumacious and impenitent from the congregation of believers. Moreover, they possess all the administrative authority necessary to give effect to the powers.
  3. All Church courts are one in nature, constituted of the same elements, possessed inherently of the same kinds of rights and powers, and differing only as the Constitution may provide. Yet it is according to scriptural example, and needful to the purity and harmony of the whole Church, that disputed matters of doctrine and order, arising in the lower courts, should be referred to the higher courts for decision.
  4. For the orderly and efficient dispatch of ecclesiastical business, it is necessary that the sphere of action of each court should be distinctly defined. The Session exercises jurisdiction over a single church; the Presbytery over what is common to the Ministers, Sessions, and churches within a prescribed district. The jurisdiction of these courts is limited by the express provisions of the Constitution. Every court has the right to resolve questions of doctrine and discipline seriously and reasonably proposed, and in general to maintain truth and righteousness, condemning erroneous opinions and practices which tend to the injury of the peace, purity, or progress of the Church; and although each court exercises exclusive original jurisdiction over all matters specially belonging to it, the lower courts are subject to the review and control of the higher courts, in regular gradation. Hence, these courts are not separate and independent tribunals; but they have a mutual relation, and every act of jurisdiction is the act of the whole Church performed by it through the appropriate organ.


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