35-2. A husband or wife shall not be compelled to bear testimony against one another in any court.

DIGEST: Neither the OPC nor the BPC appear to have a similar provision. The ARP, interestingly, adds “parents and children”, thus broadening the protection afforded to the family unit.]

BACKGROUND & COMPARISON:
1. PCA 1973, 9-2, Adopted text, as printed in the Minutes of General Assembly, p. 149
2. Continuing Presbyterian Church 1973, 9-2, Proposed text, p. 48
PCUS 1933, IX, § 228
PCUS 1925, IX, § 228
A husband or wife shall not be compelled to bear testimony the one against the other in any court.

PCUS 1879, 9-2
A husband or wife shall not be compelled to bear testimony the one against the other in any court.

PCUS 1869 draft, IX-2
Neither husband or wife shall be compelled to bear testimony, the one against the other, in any court.

PCUS 1867 draft, IX-2
Neither husband nor wife shall be compelled to bear testimony, the one against the other, in any court.

OTHER COMPARISONS :
PCUSA, 1820, Revised Form of Government and Forms of Process, Book II, Discipline, VI-IV & VI-V
IV. The credibility of a witness, or the degree of credit due to his testimony, may be affected by relationship to any of the parties; by deep interest in the result of the trial; by general rashness, indiscretion, or malignity of charater; and by various other circumstances; to which judicatories shall carefully attend, and for which they shall make all proper allowance in their decision.
V. A husband or wife shall not be compelled to bear testimony against each other in any judicatory.

PCUSA, 1859 draft, VII-4
A husband or wife shall not be compelled to bear testimony against each other in any judicatory.

PCUSA, 1823 [Olds], Chapter VI. Of Witnesses, p. 404
V. A husband or wife shall not be compelled to bear testimony against each other in any judicatory.

PCUSA 1797, VII-4
A husband or wife shall not be compelled to bear testimony against each other in any judicatory.

OPC, 1988, IV.
Any

Other:
ARP, 2003, 6.5
Husbands and wives, parents and children, shall not be required to testify against each other.

COMMENTARY:
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 216), on IX-2 :
207.--II. A husband or wife shall not be compelled to bear testimony the one against the other in any court.
A husband or wife may be cited, but it is optional with such an one to testify or not ; and the citation should so state. This regulation protects the marriage relation from disturbance by inquisition even of the Church itself.