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.