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.

The Doctrines and Discipline of the Colored Methodist Episcopal Church Revised Edition 1918 · 第 26 / 56 章