Paragraph 12 : Of Refusal to Testify
35-12.
An officer or private member of the church refusing to testify may be censured for contumacy.
DIGEST : The current PCA text remains unchanged from that of PCUS 1925, and is also that of the first approved PCUS edition (1879), except for the latters use of a single comma. Texts prior to PCUS 1879 did not include officers in their sweep.
BACKGROUND AND COMPARISON :
1. PCA 1973, 9-12, Adopted text, as printed in the Minutes of General Assembly, p. 150
2. Continuing Presbyterian Church 1973, 9-12, Proposed text, p. 50
3. PCUS 1933, IX, 238
4. PCUS 1925, IX, 238
An officer or private member of the church refusing to testify may be censured for contumacy.
PCUS 1879, IX-12
An officer or private member of the church refusing to testify, may be censured for contumacy.
PCUS 1869 draft, IX-12
A member of the Church refusing to testify may be censured for contumacy.
PCUS 1867 draft, IX-12
A member of the church refusing to testify may be censured for contumacy.
PCUSA, 1859 draft, VII-15
A member of the church summoned as a witness, and refusing to appear, or, having appeared, refusing to give testimony, may be censured for contumacy, according to the circumstances of the case.
UPCNA 1867, 7-
OPC, 1988, IV.
Any
Other:
ARP, 1958, §V-
COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 220), on IX-12 :
§216.--XI. A member of the court shall not be disqualified for sitting as a judge by having given testimony in the case.
§217.--XII. An officer or private member of the church refusing to testify may be censured for contumacy.
But not for refusing to testify against one's husband or wife or one's self. And no one can be censured for such contumacy except by the court having jurisdiction over him, and after conviction by process or after confession.
JUDICIAL:
Points touching BCO 35-12 appear in the complaint of TE Eric Dye, et al., vs. Missouri Presbytery, M14GA (1986), 14-89, p. 212 [or PCA Digest, Judicial Case #56, pp. 354-360]
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