Church Law terms

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Every organisation uses special words and phrases. The church is no different, though given its age and historic place in Scottish civic life some of the phrases are in Latin. This list, compiled mainly from Weatherhead, The Constitution and Laws of the Church of Scotland, outlines those most commonly used.

Ad hoc. For this particular purpose. An ad hoc committee is established to undertake a specific task. Once completed, the committee is normally thanked and discharged.

Ad vitam aut culpam. Enduring until the end of life, or if at fault. Formerly the form of tenure of all ministries, held until the minister died or was found guilty of a censurable offence.

Being ‘at the bar’ of the Presbytery or the General Assembly. The figurative or, in the case of the Assembly Hall, physical location from which those who are not members of the court (and who therefore cannot participate in debate or decision-making) address it, often in cases where a determination is required. The key principle is that, having addressed the court they are unable to take further part in proceedings. However, questions or points addressed to parties at the bar may be answered if it is the will of the court.

Conciliar. Decision-making by groups, not individuals. Presbyterianism is conciliar in that it consists of courts where decisions are made corporately.

Contumacy. The state of being in contempt of a court, that is, failing to obey the lawful instructions of a court or breaking the law (including that of the church).

Ecclesia reformata, semper reformanda. A Latin phrase suggesting that the church needs continual reform, even though it is Reformed, and pointing to the need for ongoing development.

Ex officio. In virtue of holding an office. The individual holding a particular office (e.g. a minister in a particular charge) has a position because s/he is the minister. Plural ex officiis.

Ex propriu motu. By its own decision. Where a court on its initiative takes a course of action, as opposed to being required or instructed to take it.

Homologate. Validating a decision already taken often by a smaller group, or individual, and frequently when action requires to be taken promptly. The court, usually Presbytery, determines that the action should be treated as having been properly authorised.

In hunc effectum. A meeting of Presbytery in hunc effectum is a meeting for a particular (and specified) purpose.

Inter alia. Among other things. Often an extract minute of Presbytery will state ‘inter alia’ meaning that the Presbytery meeting came to decisions other than the one(s) noted in the extract minute.

Interim Act. An Act which is in effect for a period, usually between General Assemblies.

Interim Moderator. The holder of the office of moderator, usually of the Kirk Session, between moderators holding under some form of longer tenure (either unrestricted or reviewable).

Ipso facto. Occurring without any other act required. A minister is by the act of induction ipso facto the Moderator of the Kirk Session(s) of the charge.

Ius devolutum. The right reserved to Presbytery to appoint a minister to a vacant charge if the congregation has not elected one within the time limit specified.

Locum (tenens). Literally ‘holding the place’. Most often someone appointed to carry out duties of pastoral care and leading worship in a charge while the Interim Moderator is responsible to Presbytery for all the obligations of the minister of the charge. A locum has no role in readjustment or vacancy business.

Mutatis mutandis. Applying something and making due changes required. For example, a Presbytery with no Standing Orders of its own is taken to adopt the Standing Orders of the General Assembly, mutatis mutandis.

Nobile Officium. Power reserved to the General Assembly to take such action in a case as is required where there is no specific legal provision for the action. A power reserved to supreme courts, of which the General Assembly is one.

Oath de fideli (administratione oficii). The oath taken by officers of courts, including Clerks, which is: ‘I swear that I will be faithful to the duties of .’

Polity. A fancy way of talking about forms of church government, e.g. episcopal polity, presbyterian polity.

Prima facie. On the face of it. At first sight.

Pro re nata. A meeting of Presbytery pro re nata is a meeting to deal with a matter which has arisen, out-with the normal timetable of Presbytery meetings. 

Pro tem. For the time being. Temporarily, as opposed to interim which is not permanent, but usually has a way of determining how the period shall end.

Quoad omnia. A form of parish arrangement where the Kirk Session had responsibility for all things. Distinct from Quoad sacra parishes where there is a Financial Board. The Unitary Constitution has the effect of returning to a form of quoad omnia governance within congregations.

Res noviter. Lit. a new matter coming to the court. If the new matter is sufficiently important this may justify the court reviewing its own (prior) judgement in the light of this new thing.

Sederunt. Lit ‘the following persons sat’. The list of names of those attending an ecclesiastical assembly in Scotland. Sadly, those not present merely give apologies for absence.

Sine die. Without limit of time. A suspension sine die continues until it is specifically lifted.

Sist. To hold as if frozen the implementation of a judgement of a court, or to suspend consideration of a matter for an indefinite period. Further implementation or consideration is preceded by lifting the sist.

Status quo (ante). The position before the proposed change, and therefore generally the present position.

Timeous. Action taken within the time limits permitted.

Ultra vires. Lit. ‘beyond the powers’. A court taking a decision which is ultra vires is acting beyond its legal capacity or authority, resulting in the action being null and void. It is ultra vires of any church court to issue an instruction contrary to the law of the church, though it is competent for the General Assembly, having followed necessary procedures, to change church law through enacting legislation.