CHAPTER XXVI.

TRIAL OF A MEMBER

Ques. 1. How shall an accused member be brought to trial?

Ans. 1. Before the church of which he is a member, or a select number of them, in the presence of a Bishop, Elder, Deacon or Preacher, in the following manner:

(a) When a member of the Church is under report of being guilty of some crime expressly forbidden in the Word of God, the preacher having charge shall appoint a committee of three discreet members, who shall investigate the report, and if they judge a trial to be necessary, they shall appoint one of their number to prepare a bill of charges and specifications, and also to prosecute the case.

(b) Upon the presentation of such bill of charges, the preacher shall appoint a committee of not less than five, nor more than thirteen, before whom the accused shall be duly cited to appear, who shall have full power to try the case; and if the accused be found guilty by a majority of the committee, let the preacher declare him suspended or expelled. Nevertheless, the preacher may, at his discretion, bring the case before the whole Church for trial.

(c) A copy of the charge and specifications shall be delivered to the accused a sufficient length of time before the trial, to enable him to make all necessary preparations for his defense; and in case of trial before a committee, he shall be allowed, upon good reasons alleged, to challenge two in a committee of five, and in like ratio for any other number.

(d) The preacher in charge shall preside at the trial, and decide all questions of law appertaining to or growing out of the case. He shall, at the commencement of the trial, appoint a secretary, who shall take down regular minutes of the evidence and proceedings, which minutes, when read and approved, shall be signed by the president and the secretary.

(e) If the accused person evades a trial by absenting himself after sufficient notice given him, and the circumstances of the accusation be strong and presumptive, let him be esteemed as guilty, and be accordingly suspended or expelled. Witnesses from without shall not be rejected.

2. But in case of neglect of duties of any kind—imprudent conduct, indulging sinful tempers or words, dancing, or disobedience to the order and the Discipline of the Church; First, let private reproof be given by a preacher or leader; and if there be an acknowledgement of the fault and proper humiliation, the person may be borne with. On a second offense, the preacher or leader may take one or two faithful friends. On a third offense, let the case be brought before the Church, or a select number; and if there be no sign of real humiliation, the offender must be cut off.

3. If a member of our Church endeavor to sow dissension in any of our societies, by inveighing against either our doctrines or Discipline, such person so offending shall be first reproved by the senior minister or preacher of his circuit; and if he persist in such pernicious practices, he shall be expelled from the Church.

Ques. 2. What shall be done in case of disputes between members of the Church?

Ans. 1. On any dispute between two or more members of our Church, concerning the payment of debts or otherwise, which cannot be settled by the parties concerned, the preacher in charge shall inquire into the circumstances of the case; and shall recommend to the contending parties a reference, consisting of one arbiter chosen by the plaintiff, and another chosen by the defendant; which two arbiters so chosen shall nominate the third—the three arbiters being members of our Church.

2. But if one of the parties be dissatisfied with the judgment given, such party may apply to the ensuing Quarterly Conference for a second arbitration; and if the Quarterly Conference see sufficient reason, they shall grant a =second= arbitration, in which case each party shall choose two arbiters, and the four arbiters shall choose a fifth, the judgment of the majority of whom shall be final; and any person refusing to abide by such judgment shall be excluded from the Church.

3. And if any member of our Church shall refuse, in cases of debt or other disputes, to refer the matter to arbitration, when recommended by him who has the charge of the circuit, or shall enter into a lawsuit with another member before these measures are taken, he shall be expelled, unless the case be of such a nature as to require and justify a process of law.

Nevertheless, in all the above mentioned cases of trial and expulsion, an appeal to the ensuing Quarterly Conference shall be allowed, if the condemned person signifies to the pastor his intention to appeal at the time of his condemnation, or at any time thereafter when he is informed thereof.