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 its 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 undertake to make out the libel, under the pain of being considered as a slanderer. But when such an accusation is brought before them, the members are obliged to examine or try the case. Besides this, however, the presbytery considers itself obliged to proceed against any of its members, if the fama clamosa of the scandal is such that the person implicated 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 minister are not corrected; and wherever a minister is reputed guilty of any immorality, although previously the most popular preacher in the kingdom, he is then deserted by his congregation. 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 caution. 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 before 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 presbytery endeavours to bring him to a confession. If a minister absent himself by leaving the place, and prove 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 helden as confessing, since he refuses to appear before them; and accordingly he is deposed from his office.