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The government of Presbyterian congregations is essentially a twofold arrangement, as in includes both a Kirk Session and a Board of Managers, or its equivalent. By way of explaining the equivalent, a congregation may elect for the business normally conducted by a Board to be undertaken by a committee of the Session, or by a Deacons Court. Now, having mentioned the word 'court' likely requires a further explanation. When the reformation occurred, in the mid 16th century, apart from the local sheriffs, who were usually agents of the local landowners, by and large, it the administration of justice and upholding of canon [church] and civil law was through the church. Eventually, the state established its own judiciary systems, which was fortunate, for another aspect of 'reformation' and the several armed conflicts it endured, was the separation of church and state. In progressively lessening degrees, however, for around the next 300 years, the church 'courts' and more especially Sessions and Presbyteries, held sole responsibility for administering moral, ethical and religious discipline. Kirk Sessions and Presbyteries, together with the Ministers and Elders who formed their ranks had the authority to fine, incarcerate and to administer corporal punishment. Ultimately, although it may not seem significant thought 21st century eyes, the worst punishment was to be excommunicated. That is, thrown out and not allowed back into any church, anywhere. At the time, however, that level of punishment had similar, if less invasive repercussions, to the Muslim custom of severing the right hands from deserving criminals. Once outside 'the church' the ex-member also became very much an ex-person. Although it is currently set at a much lesser degree, Kirk Sessions still have oversight of the moral, ethical and religious behaviour of the members who elected them to office and have the authority to administer disciplinary action where offences have been committed. This is one reason, among several, why the Elders themselves should be of exemplary character and truly faithful to their religion. Of course, the 'punishments' of 21st century church courts are significantly less severe that those of their 16th or even 18th century counterparts. A hundred, even sixty years ago, people tended to live in communities where everybody knew everybody else's business, what they were doing and how they behaved. It goes without saying that society, has changed considerably since then. It is, for example, much easier for apparently upright church members to live dual, or multiple lives, and church members, including Elders, only see each other for little more than an hour or more each week. This is one reason why the PCC is presently studying the 9th chapter in its 'Book of Forms', relating to discipline, with a view to having the entire chapter rewritten in a way that is appropriate to more contemporary circumstances. It is from that background that the various levels of Presbyterian church government are referred to as 'courts'. And yes, there are still occasions when these courts have to convene in much the same format as a civil court, for at times they still have to wrestle with and make decisions upon difficult human circumstances, related to Ministers, Elders, Members and sometimes entire Congregations.
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