in the judicial procedure of the church of Scotland, a ground of action before a presbytery against one of its members, independent of any regular complaint by a particular accuser. See PRESBYTERY.

Any person who is of a good character, may give to the presbytery a complaint against one of their members; but the presbytery is not to proceed to the citation of the person accused, until the accuser under his hand gives in the complaint, with some account of its probability, and undertakes to make out the libel, under the pain of being considered as a flanderer. When such an accusation is brought before them, they are obliged candidly to examine the affair. But, besides this, the presbytery considers itself obliged to proceed against any of its members, if a fama clamosa of the scandal is so great that they cannot be vindicated unless they begin the process. This they can do without any particular accuser, after they have inquired into the rise, 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 minister are not corrected. And wherever a minister is reputed guilty of any immorality (although before 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, then they order him to be cited, draw out a full copy of what is reported, with a list of the witnesses' names to be led for proving this allegation. He is now to be formally summoned to appear before them; and he has warning given him, at least 10 days before the time of his appearance, to give in his answers to what is termed the libel; and the names of the witnesses ought also to be sent him. If at the time appointed the minister appear, the libel is to be read to him, and his answers are also to be read. If the libel be found relevant, then the presbytery is to endeavour to bring him to a confession. If the matter confessed be of a scandalous nature, such as uncleanness, the presbytery generally depose him from his office, and appoint him in due time to appear before the congregation where the scandal was given, and to make public confession of his crime and repentance. If a minister absent himself by leaving the place, and be contumacious, without making any relevant excuse, a new citation is given him, and intimation is made at his own church when the congregation is met, that he is to be holden as confessed, since he refused to appear before them; and accordingly he is deposed from his office.