.

The Historical Development of the PCA Book of Church Order

Chapter 40 : General Review and Control

Paragraph 6 :

40-6. In process against a lower court, the trial shall be conducted according to the rules provided for process against individuals, so far as they may be applicable.

[Historical Summary : The wording of this paragraph remains unchanged from that of PCUS 1925, and is similar to that of PCUS 1879 and prior draft versions.]

Background and Comparison :
1. PCA 1973, RoD, 14-6, Adopted text, as printed in the Minutes of General Assembly, p. 153
2. Continuing Presbyterian Church 1973, RoD, 14-6, Proposed text, p. 56
3. PCUS 1933, XIII-§266
4. PCUS 1925, XIII-§266

In process against a lower court, the trial shall be conducted according to the rules provided for process against individuals, so far as they may be applicable.

PCUS 1879, Rules of Discipline, XIII-1-7

In process against an inferior court, the trial shall be conducted according to the rules provided for process against individuals, so far as they may be applicable.

PCUS 1869 draft, Canons of Discipline, XIII-1-7
and
PCUS 1867 draft,
Canons of Discipline, XIII-1-7
In process against an inferior court, being a body ecclesiastic, the trial shall be conducted according to the rules provided for process against individuals, so far as they may be applicable.

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. ), on :
246.--VII. In process against an inferior court, the trial shall be conducted according to the rules provided for process against individuals, so far as they may be applicable.
Of the rules in Chap. VI., 173-'78 are superceded by 245 ; 179 and 180 are not applicable, nor 191 ; and instead of 190 it lies in the nature of the case that the accused court must be represented by one or more persons appointed by itself or, in case of its failure to answer citation, by the superior court, and said counsel must have membership in one or both the courts. The general rules of evidence will be the same as in the trial of individuals.



©PCA Historical Center, 12330 Conway Road, St. Louis, MO, 2007. All Rights Reserved.

Chapter Index [links to Par. 1 of each chapter]:
FoG..
1
2
3.
4
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]