The Historical Development of the Book of Church Order

Chapter 43 : Complaints

Paragraph 4 :

43-4. Notice of complaint shall not have the effect of suspending the action against which the complaint is made, unless one-third (1/3) of the members present when the action was taken shall vote for its suspension, until the final decision in the higher court.

DIGEST : In 1984, what had been BCO 43-2 was renumbered as 43-4 [M12GA, 12-14, Item 5k, p. 90]. The wording of the paragraph is otherwise that of PCA 1973 and antecedent PCUS texts back to PCUS 1925, though the punctuation differs slightly.

BACKGROUND AND COMPARISON :
1. PCA 1973, RoD, 17-2, Adopted text, as printed in the Minutes of General Assembly, p. 154
2. Continuing Presbyterian Church 1973, RoD, 17-2, Proposed text, p. 59
3. PCUS 1933, RoD, XVII-§285
4. PCUS 1925, RoD, XVII-§285
Notice of complaint shall not have the effect of suspending the action against which the complaint is made, unless one-third of the members present when the action was taken shall vote for its suspension until the final decision in the higher court.

PCUS 1879, Rules of Discipline, XIII-4-2
Notice of complaint shall be given in the same form and time as notice of appeal.

PCUS 1869 draft, Canons of Discipline, XIII-4-2
Notice of complaint shall be given in the same form and time as notice of appeal.

PCUS 1867 draft, Canons of Discipline, XIII-4-2
Notice of complaint shall be given in the same form and time as notice of appeal.

PCUSA 1858 draft, Revised Book of Discipline, VIII-4-4
Notice of a complaint shall always be given before the rising of the judicatory, or within ten days thereafter, as in case of appeal.

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 254), on XIII-4-2 :
§268.--II. Notice of complaint shall be given in the same form and time as notice of appeal.
There is the like reason that the court may send up the record in readiness, and still more that the court may appoint its representative to answer for it.