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The Historical Development of the PCA Book of Church Order

Chapter 42 : Appeals

Paragraph 2 :

42-2. Only those who have submitted to a regular trial are entitled to an appeal.

[Historical Summary : The current PCA text dates to _____. PCA 1973 and the antecedent PCUS texts had a second sentence which was removed under amendment as unnecessary.]

Background and Comparison :
1. PCA 1973, RoD, 16-2, Adopted text, as printed in the Minutes of General Assembly, p. 153
2. Continuing Presbyterian Church 1973, RoD, 16-2, Proposed text, p. 57
3. PCUS 1933, RoD, XVI-§274
4. PCUS 1925, RoD, XVI-§274
Only those who have submitted to a regular trial are entitled to an appeal. Those who have not submitted to a regular trial are not entitled to an appeal.

PCUS 1879, Rules of Discipline, XIII-3-2

Those who have not submitted to a regular trial are not entitled to appeal.

1. PCUS 1869 draft, Canons of Discipline, XIII-3-2
2. PCUS 1867 draft, Canons of Discipline, XIII-3-2
3. PCUSA 1858 draft, Revised Book of Discipline, VIII-3-2
In cases of judicial process, those who have not submitted to a regular trial are not entitled to appeal.

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, pp. 247-248), on XIII-3-2:
256.--II. Those who have not submitted to a regular trial are not entitled to appeal.
If there has been no regular trial, but the court has decided without process, or if the court has dealt with the party as contumacious, he may complain (267), but he may not appeal. It is true that then the sentence, however unjust, is not arrested ; but the Rules of Discipline assume that, while a court may err, it will more probably be right than the party that objects to its action ; and especially is it unlikely that a court will treat as contumacious one who really was not so, or proceeed without process where the objector really desired process.



©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]