BCO 42.6

The Historical Development of the Book of Church Order

Chapter 42 : Appeals

42-1	42-2	42-3	42-4	42-5	42-6
42-7	42-8	42-9	42-10	42-11	42-12

Paragraph 6 :

42-6. Notice of appeal shall have the effect of suspending the judgment of the lower court until the case has been finally decided in the higher court. However, the court of original jurisdiction may, for sufficient reasons duly recorded, prevent the appellant from approaching the Lord’s Table, and if an officer, prevent him from exercising some or all his official functions, until the case is finally decided (cf. BCO 31-10; 33-3). This shall never be done in the way of censure.

DIGEST : The current PCA text was last revised in 1996 [M24GA, 24-13, Item 2, p. 60] and prior to that, saw an amendment in 1990 [M18GA, 18-8, Item 4, p. 49]

BACKGROUND AND COMPARISON :
PCA 1973, RoD, 16-6, Adopted text, as printed in the Minutes of General Assembly, p. 153
Continuing Presbyterian Church 1973, RoD, 16-6, Proposed text, p. 58
PCUS 1933, RoD, XVI-§278
PCUS 1925, RoD, XVI-§278
Notice of appeal shall have the effect of suspending the judgment of the lower court until the case has been finally decided in the higher court. If, however, the censure is suspension or excommunication from the sealing ordinances, or deposition from office, the court may, for sufficient reasons duly recorded, put the censure into effect until the case is finally decided.

PCUS 1879, Rules of Discipline, XIII-3-11
If the infliction of the sentence of suspension, excommunication or deposition be arrested by appeal, the judgment appealed from shall nevertheless be considered as in force until the appeal be issued.

PCUS 1869 draft, Canons of Discipline, XIII-3-11
and
PCUS 1867 draft, Canons of Discipline, XIII-3-11
If a sentence of suspension or of excommunication from church privileges, or of deposition from office, be the sentence appealed from, it shall be considered as in force until the appeal shall be issued.

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 251-252), on XIII-3-7:
261.--XI. If the infliction of the sentence of suspension, excommunication or deposition be arrested by appeal, the judgment appealed from shall nevertheless be considered as in force until the appeal be issued.
That is, one on whom such sentence has been passed, and who has arrested the pronouncing of it by his appeal, is bound to abstain from the sacraments or from the exercise of his office until the superior court passes upon his appeal ; and not to submit himself by thus abstaining would itself be an offence worthy of the highest censure, if wittingly committed. If one could arrest the force of a judgment, as well as the pronouncing of sentence, by appeal, the grossest offender could not be reached until after most hurtful delay.