The Historical Development of the Book of Church Order

Chapter 39 : Modes in Which the Proceedings of Lower Courts
Come Under the Supervision of Higher Courts

Paragraph 2 : Rights of the Lower Court

39-2. When the proceedings of a lower court are before a higher court, the members of the lower court shall not lose the right to sit, deliberate and vote in the higher court, except in cases of appeal or complaint.

DIGEST : The wording of the current PCA text dates to that of the revision enacted with PCUS 1925.]

BACKGROUND AND COMPARISION :
1. PCA 1973, RoD, 13-2, Adopted text, M1GA, p. 152
2. Continuing Presbyterian Church 1973, RoD, 13-2, Proposed text, p. 55
3. PCUS 1933, RoD, XIII-§260
4. PCUS 1925, RoD, XIII-§260
When the proceedings of a lower court are before a higher court the members of the lower court shall not lose the right to sit, deliberate, and vote in the higher court, except in cases of appeal or complaint.

PCUS 1879, Rules of Discipline, XIII-2
When a matter is transferred in any of these ways from an inferior to a superior court, the members of the inferior court shall not lose their right to sit, deliberate, and vote in the case of the higher courts, except that either of the original parties may challenge the right of any members of the inferior court to sit, which question shall be decided by the vote of all those members of the superior court who are not members of the inferior.

PCUS 1869 draft, Canons of Discipline, XIII-2
and
PCUS 1867 draft, Canons of Discipline, XIII-2
When a matter is transferred in any of these ways from an inferior to a superior court, the members of the inferior shall not lose
their right to sit, deliberate and vote in the case in the higher courts, except that either of the original parties may challenge the right of any members of the inferior court to sit, which question shall be decided by the vote of all those members of the superior court,
who are not members of the inferior.

PCUSA 1858, Revised Book of Discipline, VIII-3
When a matter is transferred in any of these ways from an inferior to a superior judicatory, the inferior judicatory shall, in no case, be considered a party; nor shall its members lose their right to sit, deliberate, and vote in the higher courts.

UPCNA, 1879, XII-3
When a matter is transferred in any of these ways from an inferior to a superior court, except in cases of reference, the members of the inferior court shall have the right to sit and deliberate, but not to vote.

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 238) on XIII-2 :
§239.--II. When a matter is transferred in any of these ways from an inferior to a superior court, the members of the inferior court shall not lose their right to sit, deliberate, and vote in the case of the higher courts, except that either of the original parties may challenge the right of any members of the inferior court to sit, which question shall be decided by the vote of all those members of the superior court who are not members of the inferior.
The only ground on which such a challenge can base itself is that the persons challenged are themselves a party, or for some other reason are incapacitated to be considered judicially competent. But even in the case of process against an inferior court, the members of that court are not parties, but only the court in the person or persons of its representatives appointed to appear for it in the case.