Indictment of the PCA Standing Judicial Commission | Exhibit 11
Chapter II. Presbyterianism a representative republican form of government.
“So in our Church we have, first, the individual session, composed of men elected by the people—each church a little republic. Above the session is the presbytery, supervising all the church sessions, and composed of ministers and a lay representation from the several churches, equal and often superior in number to the ministers—another and larger republic. Next above is the synod, which is only a larger presbytery—another republic. And above all is the general assembly, which is the general presbytery, our ecclesiastical congress, our whole Church in general assembly convened.
The records of every session are annually reviewed and commended or censured by the presbytery to which it belongs. In like manner, the records of each presbytery are reviewed by the synod, and the records of each synod by the general assembly. A member of any one of our churches tried and censured by the session may appeal to the presbytery, and thence, if he will, to the synod, and thence to the general assembly.
Thus the youngest and humblest member of the Presbyterian Church enjoys the inalienable privilege of having his case finally adjudicated by the whole Church.
It is obvious, therefore, that our church government is in singular harmony with the spirit and form of government in both the State and nation.”
— Presbyterians and the Revolution, the Rev. W.P. Breed, D.D., pp. 23-33
SPOLIATION
Definition:
(v. t.) The act of plundering; robbery; deprivation; despoliation.
(v. t.) Robbery or plunder in war; especially, the authorized act or practice of plundering neutrals at sea.
(v. t.) The act of an incumbent in taking the fruits of his benefice without right, but under a pretended title.
(v. t.) A process for possession of a church in a spiritual court.
(v. t.) Injury done to a document.
Legal Application:
Eng. eccl. law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. F. N. B. 85.
2. It is also a waste of church property by an ecclesiastical person. 3 Bl. Com. 90.
torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger, is called spoliation. This has not the effect to destroy its character or legal effect. 1 Greenl. Ev. §566. 2. By spoliation is also understood the total destruction of a thing; as, the spoliation of papers, by the captured party, is generally regarded as proof of. guilt, but in America it is open to explanation, except in certain cases where there is a vehement presumption of bad faith. 2 Wheat. 227, 241; 1 Dods. Adm. 480, 486. See Alteration.
12/08/2021: Having obtained and read the entire Record of the Case on SJC 2020-13, Benyola inquires with the Central Florida Presbytery Stated Clerk, in yet another attempt to obtain the October 18, 1997 Presbytery minutes that he requested from the same Clerk several times over more than a two-year period, and was repeatedly denied their release or told that everything relevant already had been divulged to Benyola. The minutes are heavily redacted in the Clerk’s Record of the Case and it is obvious that the redacted portion contains key historical information relevant to the origin of Saint Andrew’s Chapel, as well as TE R.C. Sproul’s role in its formation.
“I respectfully must inquire if you would like to clarify any statements you previously made to me in our email correspondence as well as official response issued by Central Florida Presbytery to the Complaint of Peter Benyola vs. Central Florida filed on September 18, 2020, which then was escalated to the General Assembly with an appellate brief dated December 7, 2020.
… is there anything you wish to tell me?”
12/10/2021: The Presbytery Stated Clerk responds to Benyola,
“I am puzzled by your inquiry.
I know of no need to review ‘any statements you [I] previously made in our email correspondence as well as official response issued by Central Florida Presbytery’.
The subject Complaint was adjudicated by Presbytery and the ‘official response’ I communicated to you in my letter of November 11, 2020 is a verbatim extract from the Minutes.”
12/10/2021: Benyola responds to the Presbytery Stated Clerk, “There are several items in the Record of the Case that concern me, and the primary item is on pages 268 and 269, concerning a public record that I first requested of you July 16, 2019, and many iterations thereafter as indispensable material evidence in the complaints that followed.” The redacted pages are shown.
Benyola again requests a number of relevant documents, “complete and unredacted,” including the Minister and His Work Committee Report to the Central Florida Presbytery on R.C. Sproul and the Minutes of the Central Florida Presbytery 80th Stated Meeting, both from October 18, 1997, and the signed Ministerial Obligations for all the teaching elders granted calls to Saint Andrew’s.
12/15/2021: As the email exchange continues, the Presbytery Stated Clerk states,
“I am not going to restate the several reasons you are not entitled to the documents you requested, nor your selective and erroneous reasoning. These reasons have been explained with citations in our several email exchanges in November of 2020. These emails are included in the 2020-13 ROC which you indicated in your Dec 8 ’21 email that you have reviewed.
Peter, as I have repeatedly stated, you have all the pertinent information by way of extracts I have supplied in the past – notwithstanding your ‘allegation’ that I have been ‘hiding something’, despite your admission that you have no evidence of that.
Brother, you have ‘had your day in court.’ …
Peter, you have had your day in court!
I remind you of your church vow, to which I assume you said Yes: Do you submit yourselves to the government and discipline of the Church, and promise to study its purity and peace? – I remind you that the concept of ‘study’ is not only an academic research project, but an exercise of attitude (humility) and behavior (obedience) in the context of submission to Christ.
Peter, the matter is closed. It is not just the latest ‘episode’ that is closed. The whole of the matter is closed.
Brother, It is time to move on.”
No, the matter is not closed. Just because someone insists the matter is closed does not make it so.
Benyola has shown the Stated Clerk the evidence in hand, and the Stated Clerk simply ignores it.
Why does the Stated Clerk of Presbytery seem so desperate for Benyola to drop this matter, even trying to leverage Benyola’s PCA membership vows? His membership vows are what required this entire pursuit (cf. BCO 14-1.4, 57-5.4,5). Central Florida Presbytery absolutely refuses to release its records that are relevant to the case after repeated requests for just this one item; yet, decades of failed inspections and citations by the RPR Committee prove that this Presbytery, for whatever reason, does not provide its complete records even to the General Assembly. Is all of it connected?
Alleged violations (errors and/or delinquencies) by the Stated Clerk of Central Florida Presbytery
Primary standards: Exodus 20:16, Deuteronomy 10:16, Psalm 107:1-2,32,43, Proverbs 3:27, 22:22, 28:9,13, Zechariah 8:16, Malachi 2:7, Matthew 3:8, Acts 20:27-28, I Corinthians 13:6, II Corinthians 6:3-8, Ephesians 5:11, I Timothy 3:15
Secondary standards: WCF 20.4, WLC Q.130, 143-145; WSC Q.14, 76-78; BCO 13-11; 43-6; OMSJC 7.1,2.b.1,2,4
Tertiary standards: RONR (12th ed.) 48:15-18; Central Florida Presbytery Standing Rules Article III.3, Article IX
12/17/2021: After the email exchange in which the Presbytery Stated Clerk continues denying the disclosure of “open”/public records of the Presbytery, Benyola files a Credible Report with Central Florida Presbytery, containing corroborative evidence that the Clerk prevaricated, recommending judicial process versus the Clerk for misrepresentation and spoliation of evidence in a judicial case of the General Assembly. The Presbytery Stated Clerk acknowledges receipt the following day.
The Westminster Larger Catechism
Q. 144. What are the duties required in the ninth commandment?
A. The duties required in the ninth commandment are, the preserving and promoting of truth between man and man, and the good name of our neighbor, as well as our own; appearing and standing for the truth; and from the heart, sincerely, freely, clearly, and fully, speaking the truth, and only the truth, in matters of judgment and justice, and in all other things whatsoever; … a ready receiving of a good report, and unwillingness to admit of an evil report, concerning them; discouraging talebearers, flatterers, and slanderers; love and care of our own good name, and defending it when need requireth; keeping of lawful promises; studying and practicing of whatsoever things are true, honest, lovely, and of good report.
Q. 145. What are the sins forbidden in the ninth commandment?
A. The sins forbidden in the ninth commandment are, all prejudicing the truth, and the good name of our neighbors, as well as our own, especially in public judicature; giving false evidence, suborning false witnesses, wittingly appearing and pleading for an evil cause, outfacing and overbearing the truth; passing unjust sentence, calling evil good, and good evil; rewarding the wicked according to the work of the righteous, and the righteous according to the work of the wicked; forgery, concealing the truth, undue silence in a just cause, and holding our peace when iniquity calleth for either a reproof from ourselves, or complaint to others; speaking the truth unseasonably, or maliciously to a wrong end, or perverting it to a wrong meaning, or in doubtful or equivocal expressions, to the prejudice of truth or justice; speaking untruth, lying, slandering, backbiting, detracting, talebearing, whispering, scoffing, reviling, rash, harsh, and partial censuring; misconstructing intentions, words, and actions; … hiding, excusing, or extenuating of sins, when called to a free confession; … raising false rumors, receiving and countenancing evil reports, and stopping our ears against just defense; evil suspicion; … breach of lawful promises; neglecting such things as are of good report, and practicing, or not avoiding ourselves, or not hindering what we can in others, such things as procure an ill name.
“Ryle supported appeals to the law.”
— J.C. Ryle: Prepared to Stand Alone, Iain H. Murray, p. 118
“Our simple aim in suits has been not to persecute persons, but to establish principles. After all what saith the Scripture? Would St Paul have gone to law? I reply by another question, Would St Paul have tolerated false teachers and not recommended discipline? Would he recommend us not to interfere with heretics?”
— Church Association Monthly Intelligencer, XIV, 1880, J.C. Ryle, p. 22