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.
The Historical Development of the PCA Book of Church Order
Chapter 35 : Evidence
Paragraph 2 : Husband and Wife
35-2. A husband or wife shall not be compelled to bear testimony against one another in any court.
[Note : 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 and 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.
Northern Tradition :
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.
UPCNA 1867, 7-
OPC, 1988, IV.
Any
Other:
ARP, 2003, 6.5
Husbands and wives, parents and children, shall not be required to testify against each other.
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 |
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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