The Historical Development of the Book of Church Order

Chapter 45 : Dissents, Protests and Objections

Paragraph 5 : Of Recording & Reply

45-5. If a dissent, protest, or objection be couched in temperate language, and be respectful to the court, it shall be recorded; and the court may, if deemed necessary, put an answer to the dissent, protest, or objection on the records along with it. Here the matter shall end, unless the parties obtain permission to withdraw their dissent, protest, or objection absolutely, or for the sake of amendment.

DIGEST: 1987 [M15GA, 15-25, Item 1, p. 94] and 1990 [M18GA, 18-8, Item 2, p. 44].

BACKGROUND & COMPARISON:
1. PCA 1973, RoD, 19-3, Adopted text, as printed in the Minutes of General Assembly, p. 154
2. Continuing Presbyterian Church 1973, RoD, 19-3, Proposed text, p. 60
3. PCUS 1933, RoD, XIX-§295
4. PCUS 1925, RoD, XIX-§295
5. PCUS 1879, Rules of Discipline, XIV-3
If a protest or dissent be couched in temperate language, and be respectful to the court, it shall be recorded; and the court may, if deemed necessary, put an answer to the protest on the records along with it. But here the matter shall end, unless the parties protesting obtain permission to withdraw their protest absolutely, or for the sake of amendment.

PCUS 1869 draft, Canons of Discipline, XIV-3
and
PCUS 1867 draft, Canons of Discipline, XIV-3

If a protest or dissent be couched in decent language, and is respectful to the court, it must be recorded; and the court may, if deemed necessary, put an answer to the protest on the records along with it. But here the matter must end, unless the protestors obtain permission to withdraw their protest absolutely, or for the sake of amendment.

PCUSA 1858 draft, Revised Book of Discipline, IX-3
If a protest or dissent be couched in decent and respectful language, and contains no offensive reflections or insinuations against the majority of the judicatory, those who offer it have a right to have it recorded on the minutes.


COMMENTARY:
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 257), on XIV-3 :
§274.--III. If a protest or dissent be couched in temperate language, and be respectful to the court, it shall be recorded; and the court may, if deemed necessary, put an answer to the protest on the records along with it. But here the matter shall end, unless the parties protesting obtain permission to withdraw their protest absolutely, or for the sake of amendment.
The words "or dissent" are here in place to cover a protest calling itself a dissent. For only two reasons may a court refuse to record a protest : that its language is intemperate or that it is disrespectful to the court. If the court should refuse to record a dissent or protest, there may be made a complaint against the refusal. The court may allow protestants to withdraw their protest, but is not bound to allow an amended form to be recorded if intemperate or disrespectful. Those joining in a protest should take no part in framing the answer to the protest, but they may vote upon the question of allowing their own protest to be recorded.