Descending Overtures from the 34th General Assembly
Evangelical Presbyterian Church
Note: Due to its nature and length, Descending Overture 14-A (Revised Book of
Worship) is published as a separate document.
Descending Overture 14-B
That the Book of Government 12-3B.1 pertaining to the examination of ministers transferring
from another Reformed denomination be amended as follows to give Presbyteries the discretion
to examine on knowledge as well as views.
Current Book of Government 12-3B.1
B. Examination of non-EPC ordained Ministers
Amended Book of Government 12-3B.1
Additions in bold italics
B. Examination of non-EPC ordained Ministers
1. Examination of an ordained Minister
from another Reformed denomination:
A Minister seeking to become a
Teaching Elder in a Presbytery of the
Evangelical Presbyterian Church from
another denomination from within the
Reformed family shall present
credentials of education required by
those seeking ordination in the EPC.
The Minister shall be examined on
views and beliefs in the same fashion
as one transferring from one
Presbytery to another within the
Evangelical Presbyterian Church.
1. Examination of an ordained Minister
from another Reformed denomination:
A Minister seeking to become a
Teaching Elder in a Presbytery of the
Evangelical Presbyterian Church from
another denomination from within the
Reformed family shall present
credentials of education required by
those seeking ordination in the EPC.
The Minister shall be examined on
views and beliefs in the same fashion
as one transferring from one
Presbytery to another within the
Evangelical Presbyterian Church and
may be examined on knowledge.
2. Examination of Ministers from nonReformed Traditions: A minister
presenting current and valid ordination
credentials from any other
ecclesiastical tradition shall be
examined in the same manner as a
candidate for ordination.
2. Examination of Ministers from nonReformed Traditions: A minister
presenting current and valid ordination
credentials from any other
ecclesiastical tradition shall be
examined in the same manner as a
candidate for ordination.
Grounds: The proposed amendment, originating from the Presbytery of the Mid-Atlantic, gives
an additional measure of discretion to presbyteries in examining ministers transferring from other
denominations within the Reformed family in order to satisfy themselves that a potential
transferee’s views and knowledge are commensurate with those held by the EPC. This
amendment allows a presbytery and its representatives to go beyond examination on a person's
views when deemed necessary and prudent by the examining body.
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Descending Overture 14-C
Note: Amendments to G.25-2 and G.5-9 are being presented as a unit and must be voted up or
down as a whole. A motion to vote ad seriatim on Descending Overture 14-C is out of order.
That the Book of Government be amended by adding a new section 25-2C to rights held in
perpetuity by the local church (renumbering current G.25-2C as G.25-2D) and amending G.5-9
by the addition of a sentence in order to be explicit that the Book of Government does not
establish an implied or expressed trust on property owned by a local church.
Current Book of Government chapter 25
(entire chapter)
Proposed amendment to Book of
Government chapter 25
(new section C in bold italics)
25-1 Limitations in perpetuity
25-1 Limitations in perpetuity
Certain rights are held in perpetuity by
Christians, both individually and
gathered in congregations. These rights
must always be guaranteed by the
Church.
Certain rights are held in perpetuity by
Christians, both individually and
gathered in congregations. These rights
must always be guaranteed by the
Church.
25-2 These rights include, but not by way
of exclusion, the following:
25-2 These rights include, but not by way
of exclusion, the following:
A. The Church may make no laws to
bind the conscience with respect to
the interpretation of Scripture. No
person may be rejected for
membership or ordination because of
such matters of conscience unless
that matter has been officially
declared a heresy by the Church, or
unless it obstructs the constitutional
governance of the Church. However,
those seeking ordination in the EPC,
either initially or by transfer,
voluntarily limit their free exercise
of conscience to the lawful bounds
of the Essentials of Our Faith, the
Westminster Standards, and the
Book of Order of the EPC.
A. The Church may make no laws to
bind the conscience with respect to
the interpretation of Scripture. No
person may be rejected for
membership or ordination because of
such matters of conscience unless
that matter has been officially
declared a heresy by the Church, or
unless it obstructs the constitutional
governance of the Church. However,
those seeking ordination in the EPC,
either initially or by transfer,
voluntarily limit their free exercise
of conscience to the lawful bounds
of the Essentials of Our Faith, the
Westminster Standards, and the
Book of Order of the EPC.
B. The Church may make no laws that
infringe on the rights of the local
church to elect its own officers, to
own and control its own property
under the laws of the state in which
it is located, to determine its own
benevolence and other budgetary
B. The Church may make no laws that
infringe on the rights of the local
church to elect its own officers, to
own and control its own property
under the laws of the state in which
it is located, to determine its own
benevolence and other budgetary
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objectives, and to determine its own
internal life so long as it does not
violate the Constitution of the
Church.
objectives, and to determine its own
internal life so long as it does not
violate the Constitution of the
Church.
C. The Denomination may make no
provision in the Book of
Government to establish any trust,
implied or expressed, on property,
both real or personal, held by or for
a local church in favor of the
Evangelical Presbyterian Church.
The voluntary establishment of a
trust is not prohibited, but any trust,
to be enforceable, must be the clear
intent of the owner and follow the
legal requirements for trusts in the
state in which the property is
located.
C. This section (i.e., chapter) may be
added to by the procedures set forth
for amending the Westminster
Confession of Faith and Catechisms,
but no deletions may be made.
D. This section (i.e., chapter) may be
added to by the procedures set forth
for amending the Westminster
Confession of Faith and Catechisms,
but no deletions may be made.
Current Book of Government 5-9
Proposed Amendment to Book of
Government 5-9
(additional sentence in bold italics)
5-9 The dissolution of a local church or
mission church
5-9 The dissolution of a local church or
mission church
When a congregation ceases to exist or is
dissolved by Presbytery, the property,
both real and personal, that may remain
shall be delivered, transferred, and
conveyed to the Presbytery by those
holding title. The disposition of the
remaining property shall be at the
discretion of the Presbytery. However, in
no case shall Presbytery dissolve a local
church which can be reasonably deemed
viable. The Presbytery shall hold the
membership of any remaining members
until such time as the individual members
request transfer to another Christian
church, following the stipulations of G.84.
When a congregation ceases to exist or is
dissolved by Presbytery, the property,
both real and personal, that may remain
shall be delivered, transferred, and
conveyed to the Presbytery by those
holding title. The disposition of the
remaining property shall be at the
discretion of the Presbytery. However, in
no case shall Presbytery dissolve a local
church which can be reasonably deemed
viable. This paragraph shall not be
construed to constitute a trust or implied
trust of any church property enforceable
by the Presbytery (see also G.25-2C).
The Presbytery shall hold the
membership of any remaining members
until such time as the individual members
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request transfer to another Christian
church, following the stipulations of G.84.
Grounds: The amendments, originating from the Presbytery of the Central South, affirm the
stated position of the EPC is that it makes no claim to property held by local churches (G.6-5:
“The local church has ownership of its property") and makes explicit the absence of an express
trust clause in the EPC constitution. However, a trust is a type of property right that is separate
from normal ownership, and trusts can be of two types, implied or expressed. The amendments
would close a constitutional gap by making it clear that no property trust, whether express or
implied, exists over local church property in favor of the EPC, except those trusts that reflect the
clear intent of the owner and which comply with the ordinary legal requirements for the creation
of trusts in the state where the property is located. These amendments are consistent with
existing provisions elsewhere in the Book of Government that acknowledge appropriate respect
for the rule of civil law and which declare that the authority of the Church is moral and spiritual
only and is distinct from civil government. For those exceptional circumstances where a local
church has properly been dissolved, the dissolution of its civil corporation and the disbursement
of its assets are governed by existing state nonprofit corporation laws available for use by
presbyteries.
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Descending Overture 14-D
That Book of Government 21.3C be amended to enable the Permanent Judicial Commission to
appoint a clerk instead of electing one from its membership.
Current Book of Government 21-3C
Proposed Amendment to Book of
Government 21-3C
(changes in strike through and bold italics)
C. Officers
C. Officers
The Permanent Judicial Commission
shall elect its own Moderator and a Clerk
from among its members, and a careful
and accurate record shall be kept of its
deliberations and actions, with a
permanent record of these minutes filed
with the office of the Stated Clerk of the
General Assembly.
The Permanent Judicial Commission
shall elect its own Moderator and a Clerk
from among its members, and a
moderator from its own body and
appoint a clerk. A careful and accurate
record shall be kept of its deliberations
and actions, with a permanent record of
these minutes filed with the office of the
Stated Clerk of the General Assembly.
Grounds: When a member of the Permanent Judicial Commission (PJC) serves as the clerk, it
has the effect of taking that member out of the deliberations. The proposed amendment,
originating as a recommendation from the Permanent Judicial Commission, gives the PJC
flexibility in appointing a clerk either from within its membership or from outside, most likely a
member of the Office of the Stated Clerk. Moreover, this amendment makes it possible for the
PJC to have consistency from year to year in its record-keeping.
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