.

The Historical Development of the PCA Book of Church Order

Chapter 35 : Evidence

Paragraph 12 :

35-12. An officer or private member of the church refusing to testify may be censured for contumacy.

[Historical Summary : 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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FoG..
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5.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
I. King & Head of Church
.§1.
§4
§5
RoD
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
II. Preliminary Principles
§1
§2
§3
§4
§5
§6
§7
§8
DfW
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
[FoG = Form of Government ; RoD = Rules of Discipline ; DfW = Directory for Worship]