COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 205), on RoD, VI-17:
188.--XVII. Pending the trial of a case, any member of the court who shall express his opinion of its merits to either party, or to any person not a member of the court; or who shall absent himself from any sitting without the permission of the court, or satisfactory reasons rendered, shall be thereby disqualified from taking part in the subsequent proceedings.
A judge should hold his mind open to evidence and argument until he has heard all, and he needs to be present so as to hear all. The court should not excuse absence for light reasons, nor without giving the parties opportunity to state their objections (185). Of course, this paragraph does not forbid expression of opinion as provided for in 186:5.
The Historical Development of the PCA Book of Church Order
Chapter 32 : General Provisions Applicable to all Cases of Process
Paragraph 17 : Reasons for Disqualification
32-17. Pending the trial of a case, any member of the court who shall express his opinion of its merits to either party, or to any person not a member of the court; or who shall absent himself from any sitting without the permission of the court, or satisfactory reasons rendered, shall be thereby disqualified from taking part in the subsequent proceedings.
[Historical Summary : The current PCA text remains unchanged from that of PCUS 1879.]
Background and Comparison :
1. PCA 1973, RoD, 6-17, Adopted text, as printed in the Minutes of General Assembly, p. 148
2. Continuing Presbyterian Church 1973, RoD, 6-17, Proposed text, p. 45
3. PCUS 1933, VI-§209
4. PCUS 1925, VI-§209
5. PCUS 1879, Rules of Discipline, VI-17
Pending the trial of a case, any member of the court who shall express his opinion of its merits to either party, or to any person not a member of the court; or who shall absent himself from any sitting without the permission of the court, or satisfactory reasons rendered, shall be thereby disqualified from taking part in the subsequent proceedings.
PCUS 1869 draft, Canons of Discipline, VI-17
and
PCUS 1867 draft, Canons of Discipline, VI-17
Pending the trial of a cause, any judge who shall express his opinion of its merits to either party, or to any person not a member of the court;
or who shall absent himself from any sitting without the permission of the court, or satisfactory reason rendered, shall be thereby disqualified from taking part in the subsequent proceedings.
Chapter Index [links to Par. 1 of each chapter]: |
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FoG
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I. King & Head of Church
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.§1. |
RoD
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II. Preliminary Principles
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DfW |
47 |
48 |
49 |
50 |
51 |
52 |
53 |
54 |
55 |
56 |
59 |
60 |
61 |
62 |
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[FoG = Form of Government ; RoD = Rules of Discipline ; DfW = Directory for Worship] |
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