FAMA CLAMOSA, in the judicial procedure of the church
of Scotland, a ground of action before a presbytery against
one of its members, independently of any regular complaint
by a particular accuser.
Any person who is of good character may prefer to the
presbytery a complaint against one of their members; but
the presbytery is bound not to proceed to the citation of the
person accused, until the accuser under his hand shall give
in the complaint, with some account of its probability, and un-
dertake to make out the libel, under the pain of being con-
sidered as a slanderer. But when such an accusation is
brought before them, they are obliged to examine or try
the case. Besides this, however, the presbytery considers
itself obliged to proceed against any of its members, if a
fama clamosa of the scandal is such that the person im-
plicated cannot be vindicated unless they begin the process.
This they can do without any particular accuser, after they
have inquired respecting the origin, occasion, and authors of
this report. It is a maxim in the kirk of Scotland, that religion
must suffer if the scandalous or immoral actions of a min-
ister are not corrected; and wherever a minister is reputed
guilty of any immorality, although previously the most
popular preacher in the kingdom, none almost will attend
upon his ministry. Therefore the presbytery, for the sake
of religion, is obliged to proceed against a minister in case
of a fama clamosa. This, however, is generally done with
great tenderness. After they have considered the report
raised against him, they then order him to be cited, and
draw out a full copy of what is reported, with a list of the
names of the witnesses to be produced for proving the
allegation. He is then formally summoned to appear be-
fore them; and he has notice served upon him, at least ten
days before the time of his appearance, to give in his answers
to what is termed the libel. If at the time appointed the
minister appear, the libel is read to him, and his answers are
also read. If the libel be found relevant, then the pres-
bytery endeavours to bring him to a confession. If a mi-
nister absent himself by leaving the place, and prove con-
tumacious, without making any relevant excuse, a new ci-
tation is given him, and intimation is made at his own
church when the congregation is met, that he is to be held
as confessed, since he refused to appear before them;
and accordingly he is deposed from his office.