GUIDE-BOOK IN THE ADMINISTRATION OF THE DISCIPLINE 01F THE BY OSMON C. BAKER, D. D. REVISED EDITION. Xeem Vork: PUBLISHED'BY CARLTON & PORTER, 200 MU LBERRY-STREET. 1860. Entered according to Act of Congress, in the year 1855, BY CARLTON & PHILLIPS, in the Clerk's Office of the District Court of the Southern District of New-York. PREFACE, THE design of this little manual is to furnish junior preachers with a brief, plain Guide for the correct discharge of their official duties. We have made no attempt to explain and defend our ecclesiastical system; this has been sufficiently done in several popular works, which are widely spread among our people. Nor have we aimed at endeavouring to impress our rising ministry with a deeper sense of ministerial obligation, and to set forth the moral'and religious elements which compose the character of "able ministers of the New Testament." There are already many extensive and able treatises upon these varied topics. But there is a demand, we apprehend, for a practical work which shall 6 PREFACE. descend to the very minutia3 of the pastor's daily duties. In preparing our manual, we have found ourselves treading in an unbeaten path: no work of this kind has been attempted, if we may except Bishop Hedding's most admirable c" Discourse on the Administration of the Discipline." This discourse has created a desire for a more extended work of the same general character. By the extension and division of our work, the young preacher is now often necessarily put immediately in pastoral charge, and is consequently deprived of the counsels and experience of senior preachers, which were formerly enjoyed. We are not unaware of the difficulty of furnishing a work which shall be generally acceptable, from the different usages which prevail, to some extent, in different parts of the country, and the conflicting opinions of leading men: but it has been our aim to ascertain the general views of the best informed upon the several topics discussed, and to present them in a brief and lucid manner. PREFACE. We have endeavoured to give particular attention to the several sections relating to Church trials; guarding, on the one hand, against too close an analogy to civil proceedings and mere ecclesiastical technicalities; and, on the other, against a loose and arbitrary mode of procedure. The evils which the Church has suffered from these causes should put every administrator on his guard. But we have found it impossible to express our meaning with clearness and precision without employing legal terms more frequently than we have desired. This work is not presented as an official one; it is simply suggestive and advisory, for which the author is alone responsible. It is not a record of legal. decisions by which the administration of the Church is to be governed, but a brief compend, exhibiting rather the usage than the law of the Church. Most appropriately can we employ the language of our late senior bishop: - "I have not the vanity to suppose it is free from errors, but it is an offering of the best light I have on the subject. It 8 PREFACE. may be proper to say, however, that on most of the points which contain opinions on discipline I have conversed frequently and largely with many of our most enlightened and able ministers, and they agree with these opinions." For many years past, we have noted down every valuable suggestion which we have heard or read relating to our practical economy; and having modified, written, and rewritten many of them frequently, we are not able now to give the credit which is due for many of these suggestions. At the earnest request of many friends this little manual is given to the public, hoping that it may prove a vade mnecum to the young minister, and render some aid in the discharge of the duties of the pastorate. CONTENTS. CHAPTER I. CHURCH M[EMBBERSHIP SECTION I. —Members. rPGE 1. Pastors the constituted authority to receive members......... 23 2. Membership should not depend upon a vote....................... 24 3. Receiving members residing in another charge............ 24 4. How expelled members can be received......... 25 5. How withdrawn members can be received........................ 26 6. Reception of members from other orthodox Churches.......... 26 7. Orthodox Churches defined....................2.............. 27 8. The "usual questions" propounded............................ 27 9. Membership when the administration has been incorrect..... 28 SECTION II.-Probationers. 1. Caution in reeeiving members on trial........................ 29 2. By whom received........................................................ 30 3. General qualifications required............................... 30 4. Period of probation............................................... 31 5. Rights and privileges of probationers............................... 32 6. Not liable to Church trial...................................... 33 SECTION III.- Withdrawal. 1. Church relation depends upon the pleasure of the parties.... 34 2. When the Church can be a party to a withdrawal............... 35 3. When a member can claim a right to withdraw.................. 35 4. The Church may suffer a withdrlawal................................. 36 5. Relation of societies which reject regularly appointed pastors 37 6. When a request to withdraw can be recalled...................... 38 7. Relation of such persons as refuse to perform their covenant vow s..............................I..................................... 38 10 C ON TENTS. CHAPTER II. THE CONFERENCE S. SECTION I.-Annual Conferences. PAGE 1. First Annual Conference....................................... 39 2. Districts................. 39 3. Circuits.................................................................. 40 4. Relation of Episcopacy to the General and Annual Conferences..................................................................... 41 5. Prerogatives of the president of an Aninual Conference....... 42 6. Division of circuits............................................ 44 7. Episcopal decisions................................................. 44 8. Commencement of Conference year................................. 46 9. Special transfers.......................................................... 46 10. Who must attend Conference......................................... 47 11. Preachers refusing to go to their work............................ 47 12. Demanding a location..........8.................................. 48 13. When the act of location takes place.............................. 48 14. Certificate of location........................................ 48 15. Readmission......................................... 49 16. Withdrawal a bar to readmission.................................... 49 17. Preachers from the British, Irish, and Canada Conferences. 49 18. Admission from other Churches..,................... 49 19. Rights of superannuated preachers, and their Quarterly Conference relations................................ 49 20. Preacher on trial.,.................................................. 50 21. Term of service on an individual charge.................. 50 22. Every effective preacher must receive an appointment....... 50 23. Preachers appointed to schools and colleges..................... 51 24. Advisory character of Conference requests respecting appointments................................................ 51 25. Rights of transferred ministers....................... 51 SECTION II. — Qtarterly Conferences. 1. Origin of Quarterly Conferences............................ 52 2. Powers.................................................................. 52 3. Members....,.........................,,,................ 53 4. President.........................4.................... 5 5. President when two circuits are united....,,,,. 54 6. Secretary.................................................................. 54 7. Power over Sunday schools and Sunday-school societies..... 5+ CONTENTS. 11 8. Sunday-school quarterly report of the preacher to be entered on the journals............................... 55 9. By whom the Quarterly Conference must be appointed.... 55 10. Adjourning from day to day.......................................... 55 11. Adjourned by the president............................... 56 12. Temperance................................................... 56 13. Quorum................................................................. 56 14. Approval of the Minutes............................................... 57 15. Order of business in the Quarterly Conference...,....,....... 57 SECTION III.-Leaders' Meetlings. 1. Origin of leaders' meetings,,.................................... 59 2. Of whom composed............................................. 60 3. Powers and duties.............................................. 60 4. To whom class-leaders are responsible............................. 62 CHAPTER III. N I N I S T E R. S, SECTION I.-Presiding Elde's. 1. Origin of the office.................................. 63 2. Nature of it........................................................... 63 3. Decision of, law questions...............6........................... 64 4. Relation to individual societies..................................... 64: 5. President of the Quarterly Conference............................. 65 6. Permitting a preacher to leave his work.......................... 65 7. Power to remove preachers........................................ 65 8. Superintendents of domestic missions.............................. 65 9. Testimonials of applicants for foreign missions................. 66 10. Subjects of missionary correspondence.......................... 66 11. Presiding in an Annual Conference.............................. 67 SECTION II. —.BIeac7ler in C]harge. 1. The term defined........................................................ 67 2. Duties of the preacher in charge................................... 68 3. To whom responsible..................................................... 72 SECTION III.-Local Preachers. 1. Mode of obtaining license............................................. 73 2. By whom given...................................................... 73 12 CONTEXNTS. PAGE 3. Renewal of license refused without impeachment.......... 73 4. How long a license is valid.................................... 73 5. Ecclesiastical year defined............................................. 74 6. Ordained local preachers............................................. 75 7. Recommendation to travel...................................... 75 8. To whom amenable...................................................... 76 9. Prerequisites for ordination....................................... 76 10. When local preachers from British Conference are eligible.. 77 11. How long recommendations are valid.............................. 77 12. Control of appointments......................,................. 77 13. Withdrawal of local preachers.......................................' 78 SECTION IV.-Exhsorters. 1. Early recognized....................................................... 78 2. Duties of exhorters................................................... 78 3. Under the direction of the preacher in charge............. 78 4. Who are eligible to be exhorters................................ 79 5. By whom licensed........................................................ 79 6. To whom responsible......................................;............ 79 CHAPTER IV. CERTIFICATES AND LOVE-FEASTS. SECTION I. —Note of Beonomenzdation. 1. Who are entitled to suclh note................................... 80 2. Withholding a certificate............................ 80 3. Who are not entitled to a certificate.......................... 80 4. Removal without a certificate........................................ 81 5. Erasure of name........................................................ 81 6. To whom a member is responsible after he hbas taken a letter..................................................................... 81 7. How long a certificate remains valid............................... 82 8. All proper certificates to be received.............................. 82 9. To whom certificates should not be given......................... 83 10. By whom certificates must be given................................ 84 11. Certificates to those who withdraw........................... 84 12. Certificate of official standing................................... 84 CONTENTS. 13 SECTION II.-Love-Feasts. 1. Origin of love-feasts..................................................... 8 2. Why discontinued.........85 2. Why discontinued............................................... 5 3. Design of their institution in our Church................. 86 4. Love-feast tickets...................................................... 87 5. Who may be admitted............... 87 6. Love-feasts at the quarterly meeting..................... 87 (JHAPTER V. CHURCH TRIALS. SECTION I.-Trial of Members. 1. Christian discipline protected by civil authority............ 88 2. Privileged communications...................,.. 90 3. Rights of members................................................... 91 4. Mr. Wesley's mode of removing disorderly members........ 92 SECTION II. —Resident of the Trial. 1.'Preacher in charge.......................................... 93 2. President appointed by presiding elder................... 96 3. Junior preacher incompetent............................... 96 4. Delivering a charge to the committee.............................. 96 SECTION III. — omplaint. 1. Committee of investigation.................................. 97 2. Bill of charges.......................................................... 97 3. Insufficient evidence.................................. 98 4. Period within which responsible.................................. 98 5. What is indictable.......................................... 99 6. Accessories to crime...;............................ 99 7. Mode of drawing bill of charges...................................... 99 8. Object of formal charges.............................................. 100 9. What the charge must involve.................................... 100 10. Correspondence between charges and specifications........... 100 11. How expressed........................................................ 101 12. Different crimes to be separately given.......................... 101 13. To what extent specific...,,............................................. 101 14 CONTENTS. PAGII 14. What errors no bar to the proceedings............................ 102 15. By whom charges are to be signed.............................. 102 16. When to be signed by the pastor.................................. 103 17. When several persons are involved............................... 104 18. Notification of the accused...................................... 104 19. Where the notice is to be left................................. 104 SECTION IV.-Select Committee. 1. Who eligible................................................... 10 2. By whom appointed............................................. 105 3. Character of the committee......................................... 105 4. Duty of the committee............................................ 107 5. Verdict to be based on testimony............................... 108 6. Making up judgment...................................... 108 7. Relation of the presiding officer to the committee............. 110 8. Ambiguous or equivocal terms......................... 111 9. Females entitled to vote.............1.............. 111 SECTION V.-Th'e Trial. 1. Duty of the presiding officer........................................ 1 2. Mode of conducting a trial.................................... 112 3. Confession of guilt............................................... 113 4. Refusing to answer......... 113.5 Second indictment........................ 113 6. Plea of non-reception........................ 114 7. Plea in abatement....................................................... 114: 8. New issues.................................................................. 115 9. Ruling out specifications.......................................... 115 10. Adjournment by presiding officer................................... 115 11. Immaterial facts.............................. 116 12. Evading a trial..................................... 116 13. Limited to the charge............................................. 117 14. Refusing to entertain bill of charges.............................. 117 15. Dismissing the case............................................ 117 16. Counsel to be restricted to the members of the Church...... 118 17. Preachers as counsel.................................................... 118 18. Where the trial should be held.................................. 118 19. Testimony not to be copied without consent..................... 118 20. Delivering a charge on trials of preachers........................ 118 CONTENTS. 15 SEcTION VI. —General Laws of Evidence. PACE 1. Should be understood.................................... 119 2. First rule, evidence correspond to the allegation................ 119 3. Second rule, sufficient if the substance be proved.............. 120 4. Third rule, obligation of proving lies upon the complainant.. 121 5. Fourth rule, the best evidence must be produced............... 121 6. Hearsay evidence............................................. 122 7. When it is to be admitted...................................... 122 SECTION VII. — Witnesses. 1. Number of witnesses...................................... 123 2. Party in the suit................................... 123 3. Husband and wife................................... 124 4. Incompetent witnesses...................................... 124 5. Atheists................................... 125 6. "Witnesses from without"........................................... 125 7. Admissibility a question of law................................. 125 8. The pastor as a witness...................................... 126 SECTION VIII. —Examination of Witnesses. 1. By whom first examined............................................. 126 2. Examined out of each other's hearing............................. 126 3. Mode of giving testimony...................................... 127 4. Leading questions................................................... 127 5. Writing their testimony...................................... 127 6. Impression and belief................................... 128 7. Correction of testimony..................................... 128 8. When exceptions should be taken............................... 128 9. Refusing to answer...................................................... 128 10. Questions by presiding officer................................... 129 11. Putting under oath.........................1.................... 129 12. Evidence of good character...................................... 129 13. Impeachment of witnesses...................................... 130 SECTION IX. — Depositions. 1. When to be taken............................................. 130 2. Notification............................................................... 130 3. Form of notice.............0................. 131 16 CONTENTS. PAGE 4. Form of deposition.......................:.................. 131 5. Should be sealed up........................................ 133 6. Egxparte deposition....................................... 133 7. Commission at Conference........................................ 133 8. Part of a deposition................................................. 134 SECTION X.-Appeal. 1. Privilege of appeal................................................. 134 2. Whether it can be entertained................... 135 3. Bar to appeal.............................................. 135 4. No appeal from record of withdrawal.......................... 135 5. When to be taken....................................................... 136 6. Imperfect records........................................... 137 7. Records not signed................................ 137 8. Mode of conducting appeals........................................ 137 9. Admitting appeals................................................... 138 10. Power of appellate courts...................................... 140 11. Decisions of appellate courts.................................. 140 12. New evidence...................................................... 141 13. Relation of expelled members whose cases have been remanded..................... 141 14. Appeal of a local preacher places the case beyond the power of the Quarterly Conference..................... 142 15. Effect of reversing a decision................................. 142 16. Restoration of official relation................................. 142 17. When a decision is final..................................... 142 18. Relation of a person who has taken an appeal.............. 143 19. Appeals to be entered on the records............................ 143 20. Prosecuting appeals................................................ 144: 21. Power of presiding officer in case of appeals.................... 144 SECTION XI.-New Trial. 1. By what authority granted................................. 144 2. Right of the pastor....................................................... 145 3. Steps to be taken...................................................... 145 4. When to be allowed.............................................. 146 SECTION XII.-Trial of Local Preachers. 1. Ministerial responsibility.......................... 146 24 When a committee to be called.....,............................ 147 CONTENTS. 17 PAGE 3. Number of the committee............................................. 148 ~4. Who may constitute the committee...............,,........... 148 5. Mode of conducting the investigation.......................... 14:9 6. By whom suspended...................................... 149 7. Acquittal no bar to subsequent trial..,............................. 149 8. Mode of conducting the trial.......................................... 149 9. What testimony to be admitted................................... 150 10. Trial in the absence of the accused............................ 150 11. Punishment awarded by Quarterly Conference.................. 150 12. Limit of Quarterly Conference action......................... 151 13. When the decision to be given................................. 151 14. Charges not to be altered................................. 151 15. Not self-accuser......................................... 152 16. Case before the civil tribunal........1...................,, 152 17. Counsel not disqualified as members........................ 153 18. Rule under which the case is brought................... 153 SECTION XIII. —Tial of Travelling Preachers. 1. Nature of investigating committees................................ 154 2. Of what offences take cognizance............................. 154 3. Reference at the Annual Conference............................... 155 4. Reference to the presiding elder for examination.............. 156 5. Acquittal by the Committee no bar to subsequent trial...... 156 6. By whom suspended................................................. 157 7. Committee when Conferences are divided....................... 157 8. Powers of presiding officer in the examination of a presiding elder.......................................................... 157 9. Place of holding the investigation............................ 158 10. For what offences arrestedl.................................. 158 11. Form of trial.............................................................. 159 12. Trial in the absence of the accused...........1.................... 159 13. A suspended preacher cannot afterward be expelled for the same offence........................................... 159 14. Period of suspension...................................................... 160 15. Location without consent.................16....,.............. 160 16. Duty of the secretary................................................ 161 SECTION XIV. —C07lc7r Onezces. 1. Specific rule............................................................ 161 2. The different rules................................ 161 2 18 CONTENTS. PAGE 3. When Church labour is required................................ 162 4. Disseminating erroneous doctrines................................. 163 5. Mode of treating such as-'disseminate errors..................... 164 6. Omission of duty....................................164 7. Slander...................................................................... 165 8. When the truthfulness of the statement may be proved...165 9. By whom the charge of slander must be made.................. 165 SECTION XV.-Penalty. 1. Design of penalty........................................................ 166 2. Different awards.................................................... 166 3. Forgiveness.............................................................. 166 4. Censure and suspension...................................... 168 5. Period of suspension............................................... 169 6. Penalty based upon charges...................................... 169 7. Repelling from love-feasts............................................. 169 8. Penalty for maladministration................................. 170 9. Readmission of expelled members...................... 170 10. Restoration by the Annual Conference................... 171 11. No discretionary power given to the president after the verdict is rendered............................................... 171 12. Public confession......................................................... 171 13. " Reading out " of society................................. 172 14. Refusing to comply with the requisition of the Church...... 173 SECTION XVI.-Arbitration. 1. History of the rule.................................................... 173 2. Discretionary power of the pastor................................. 174 3. Definition of terms............ 174 3. Definition of terms..,.................................................. 174 4. Arbiters members of the Church..................................... 175 5. President of the arbitration................................... 175 6. Mode of conducting an arbitration................................. 175 7. Parties residing on different circuits............................ 176 8. When required to arbitrate...................................... 176 9. Dispute with a corporation............................... 176 10. Power of presiding elder respecting arbitration................ 176 11. Refusing to arbitrate...................................... 177 12. Refusing to abide judgment...................................... 177 13. Lawsuits..................................................................... 177 1i. Accounts of those " who fail in business".................... 177 CONTENTS. 19 CHAPTER VI. C HURC H PROPERTY. SECTION I.-Building Churches and Parsonages. PAGE 1. Pecuniary liabilities............................. 179 2. Personal liability of the building committee................... 180 3. Liability when they exceed the estimated expense............. 181 SECTION II.-lTrustees. 1. By whom Church property is held.................................. 181 2. Mode of creating trustees............................ 183 3. Who are eligible as trustees.......................................... 184: 4. Limitations of power............................................... 184 5. Entitled to possession.................................................. 186 6. For. what purposes only the church can be used............... 186 7. Trustees of an unincorporated society............................. 187 8. Term of office................................ 187 9. Powers of trustees and stewards........................ 187 10. To whom responsible........................................ 188 11. Powers restricted to the objects of their creation............... 189 SECTION III.-Pews. 1. Legal rights of pew owners........................................... 189 2. Right of occupancy on all public occasions...................... 190 3. Restriction of rights..................................................... 191 4. When a right expires................................................. 192 5. Contract for a pew must be written.................................. 192 6. Pews as real or personal estate.................................. 193 7. Exempt from taxation................................................. 193 8. Selling pews at auction................................................. 193 9. Form of deed of a pew.................................. 194 SECTION IV.-Sbsecri2ptios Itpers. 1. To whom made payable............... 1.............................. 195 2. When payment must be demanded................................. 195 3. Conditional subscriptions.............................................. 196 4. Fictitious subscriptions.................................. 196 5. Deductions by the collector........................................... 197 6. When not collectable...................................... 197 20 CONTENTS. CHAPTER VII. MINISTERIAL SUPPORT. SECTION I.-Allownce. PAG 1. Salaries at different periods........1.................. 198 2. Support and supplies............................. 198 3. Fifth collection.............................. 201 4. Chartered Fund................................... 201 5. Travelling expenses of preachers................................... 202 6. Travelling expenses of editors......................... 202 7. Estimating committee............................. 202 S. Appropriations to those in debt to the Book Concern......... 204 9. Supply of the pulpit during the session of the Annual Conference.................................................................. 204 10. Absent on official business....................................... 204 11. Serving a corporation or benevolent institution................ 204 12. Suspension cuts off claim............................................. 205 13. Widow's claim....................................... 205 14. Adopted children......................................................... 205 SECTION II.-Stewards. 1. Origin of stewards.......................... 206 2. Thiir duties............................... 206 3. By whom appointed................................................. 210 4. To whom responsible.................................................... 210 5. Recordino stewards.............. 210 5. Recording stewards........................................ 210 6. Resignation of office................ 211 7. Stewards displaced by uniting two circuits...................... 211 CHAPTER VIII. RULES OF ORDER. 1. Parliamentary rules..................................................... 212 2. Temporary organization........................ 212 3. Permanent organization...................................... 214 4. Presiding officer......................................................... 214 5. Secretary.................................... 216 CONTENTS. 21 PAGE 6. Members.................8 6. Members.................................... 218 7. Motions.....................................................................21 7. Motions.~~~~~~~~~219 8. Indefinite postponement............................................... 220 9. Laying on the table..................................................... 220 10. Referring to a committee.............................................. 221 11. Division of a question.................................................. 221 12.. Filling blanks............................................................. 222 13. Amendments............................................................... 222 14. Privileged questions..................................................... 225 15. Adjournment.......................................... 225 16. Orders of the day........................................... 226 17. Incidental questions..................................................... 227 18. Questions of order................................. 228 19. Previous question....................................... 228 20. Order of proceeding.....................................................230 21. Order in debate........................................................... 231 22. Taking the question..................................................... 233 23. Reconsideration........................................................... 234: 24. Committees................................................................ 235 25. Reports of committees........................................ 236 26. Minority report........................................................... 237 27. Committee of the whole................................................ 237 28. Rulesof the General Conference of 1860....................... 239 CHAPTER IX. F 0 R Mt U L A S. SECTriO I. —Formulasfo' Preachers in Charge. 1. Note of recommendation to a member............................ 244: 2. Exhorter's license........................................................ 245 3. Recommendation to a local preacher............................... 245 4. Class-book.................................................................. 246 5. Quarterly Sunday-school report..................................... 246 6. Church register for a successor....................................... 247 7. Register of the children............................................... 247 8. Statistical report......................................................... 247 Collections for benevolent objects.............................. 248 22 CONTENTS. PAGE 9. Steward's certificate............................................. 248 10. Benevolent Institutions................................................. 49 11. Wills............................................................................. 249 SECTION II.-Formulas for Presiding Elders. 1. License of a local preacher................................ 251 2. Recommendation to the travelling connexion................... 251 3. Recommendation for deacon or elder's orders.................... 252 4. Recommendation for recognition of orders......................... 253 5. Recommendation for restoration of credentials.................. 253 6. Superannuated preacher's certificate.............................. 254 CHAPTER X. COURSE OF ST-UDY. SECTION I.-For candidates for admission on trial in the travelling connexion......................................................... 251 SECTION II. —For Conference membership and for orders.......... 255 SECTION III.-For local preachers who are candidates for deacon's orders............................................... 258 SECTION IV.-For local preachers who are candidates for elder's orders.................. I....... 260 SECTION VY.-For the German travelling preachers................... 261 SECTION VI.-For German local deacons.............................. 263 SECTION V1I.-For German local elders................................. 263 A GUIDE-BOOK IN THE ADMINISTRATION OF THE DISCIPLINE. CHAPTER 1. CHURCH MEMBERSHIP. SECTION I. —MZembers. 1. THE regularly-constituted pastor is the proper authority to admit suitable persons to the communion of the Church. The preacher in charge, acting at first under the authority of MIr. Wesley, received members into the society, and severed their relations from the Church, according to his own convictions of duty. In 1784 the assistant was restricted from giving tickets to any, until they had been recommended by a leader with whom they had met, at least two months, on trial. In 1789 the term of probation was extended to six months. In 1-836 the phrase, "give tickets to none," was changed to " let none be received into the Church." Hence, 24 CHURCH MEMBERSHIP. LChap. I, since the organization of our Church, none could be received into full communion who had not previously been recommended by a leader; and, since 1840, it has been required that the applicant pass a satisfactory examination before the Church, respecting the correctness of his doctrine and his willingness to observe the rules of the Church. 2. Membership in a Christian Church should never depend upon the result of a vote; and yet, if any member of the Church is not satisfied with the evidence presented, of the moral and Christian character of the candidate, he should have an opportunity to make objections to his reception. In no case, however, should the reception of a person be a matter of public debate before the Church. When it is known that objections exist, the reception of the person should be postponed, and private measures adopted which will secure the purity and peace of the Church. 3. It is unfavourable to good government in the Church for a preacher, under any circumstances, to receive into membership, in his charge, a person living in the bounds of another Sec. I.] MEMBERS. 25 pastoral charge; yet established usage justifies it under some circumstances, especially in cities, where there are separate charges, and where it is difficult to define them geographically. But, in these circumstances, comity and Christian courtesy should be strictly maintained. It is possible that there may be cases of mere prejudice, without any tangible cause, that might render one society unwilling to admit a person to membership which would not be a sufficient reason for preventing him from joining another society; but when responsible members of the society where the person lives present specific objections to the reception of the person in another society, especially if the objection grows out of former Church relations, or the disciplinary action of the Church, the person should not be received until satisfaction is made to the aggrieved society. (Bishop Janes.) 4. " If a member has been expelled according to due disciplinary forms, and, without changing his residence, should go to another Methodist so-. ciety and join on trial, it would be maladministration for the preacher, at the expiration of six months, to receive such a person into the Church, provided that no satisfaction had been given to 26 CHURCH MEMBERSHIP. [Chap. 1, the society which arraigned him; for the Disci.. pline expressly declares:'After such forms of trial and expulsion, such persons shall have no privileges of society, or of sacraments, in our Church, without contrition, confession, and satisfactory reformation. " —Bps. TWaugh and Janes. 5. A member who has withdrawn, or been expelled from our Church, and who never afterward connected himself with another evangelical Church, cannot again be received unless he joins on trial, as in the first instance. 6. "Persons in good standing in other orthodox Churches, who desire to unite with us, may, by giving satisfactory answers to the usual inquiries, be received at once into full fellowship." The society must decide what is evidence of " good standing in other orthodox Churches." Letters of dismission and recommendation are not necessarily required, as some denominations never grant such, unless they are to be presented to sister Churches of their own denomnination. Such persons, however, should certify the Churches of which they have been members,of their intention to join another Church, and of their consequent withdrawal. Sec. I.] MErMBERS. 27 7. By "' ortkodox " or evacngelical Cz6urcltes are meant those whose doctrinal creed embraces, especially, the divinity and atonement of our Lord Jesus Christ, the depravity of the human heart, justification by faith alone and regeneration by the Holy Ghost, the witness of the Spirit, and future rewards and punishments, and whose communicants generally are reputed to be devout andc Christian men. 8. The ",usual inquiries" proposed to all candidates for full membership may embrace the following: "' Have you read our Articles of Religion, and do you cordially subscribe to them? Especially do you believe in the divinity of our Lord Jesus Christ,-that he has made an atonement for all mankind, and that men are-justified by faith alone in him? and that it is the privilege and duty of all Christians to be made holy in this life, and adorn the doctrine of God our Saviour in all things? Do you now solemnly purpose to consecrate yourself to the-service of Almighty God, and obediently to keep his holy will and commandments, and walk in the same all the days of your life? Have you read the rules and Discipline of our Church, and will you endeavour to observe and keep them? Do you cherish 28 CHURCH MEMBERSHIP. [Chap. I, kind and fraternal feelings toward the members of this Church, and do you feel that it would be a special blessing to you to be associated with them in Christian fellowship and sacred covenant? Will you kindly receive the counsels, warnings, and reproofs of your brethren, and watch mutually over them for their Christian improvement? Will you contribute of your earthly substance, according to your ability, to the support of the gospel and the various institutions of the Church a 9. The following law decision was rendered by the General Conference of 1860: " 1. If a preacher in charge of any work receive a person into the Church contrary to the Discipline, can the Annual Conference correct the administration, and declare that the person, having been received contrary to Discipline, is therefore not a member? "Answer. No. This question was decided by the General Conference of 1852 by the adoption of the following resolution: "Resolved, That when an Arnnual Conference decides that a preacher having charge has received or expelled a member contrary to the Discipline, the decision does not exclude the Sec. II.]. PROBATIONERS. 29 member so received, but restores the member so expelled. (General Conference Journal, page 73.)"'-Gen.. Conf. Jotr.; p. 297. SECTION II.-Probationers. 1. IF the visible Church of Christ is a- congregation of faithful men, in which the pure word of God is preached and the sacraments duly administered, as our Articles of Religion teach, it is a matter of vital importance to test, with deep scrutiny, the moral and Christian character of those who propose to enter her holy communion. No proselyte was admitted to Jewish fellowship without being well proved and instructed. The same care was observed by the early Christian Church. " None in those days," says Lord King, "were hastily advanced to the higher forms of Christianity, but, according to their knowledge and merit, gradually arrived thereto." Bishop Stillingfleet remarks that one principal cause " of the great flourishing of religion in the primitive times was the strictness used by them in their admission of members" into Church fellowship. Origen, in his treatise against Celsus, remarks that " they did inquire into the lives and carriages to discern their seriousness in the profession of Christianity during 30 CHUIRCtH MEMBERSHIP. [Chnp. I, their being catechumens;" and if they evinced true repentance and reformation of life, they were then admitted to a participation of the mysteries. 2. It is the prerogative of the preacher in charge alone to receive persons on trial. No one whose name is taken by a class-leader can be considered as a member on trial until the preacher recognises him as such. 3. The general qualifications of those who join on trial are, "a desire to flee from the wrath to come, and to be saved from their sins." This desire, however, must be evinced " by doing no harm, by avoiding evil of every kind," "by doing good," " by instructing, reproving, or exhorting all they have any intercourse with," "by running with patience the race which is set before them, denying themselves, and taking up their cross daily, submitting to bear the reproach of Christ, to be as the filth and offscouring of the world, and looking that men should say all manner of evil of them falsely for the Lord's sake," and "by attending upon all the ordinances of God." As the minister may not know whether the candidate makes a truthful declaration of his moral state, he is authorized " to' admit none on trial Sec. II.] PROBATIONERS. 31 except they are well recommended by one he knows, or until they have met twice or thrice in class." As the candidate is not supposed, at the time of joining on trial, to be acquainted with our doctrines, usages, and discipline, he is not required, at that time, to subscribe to our articles of religion and general economy; but if he proposes to join in full connexion, "he must give satisfactory assurances both of the correctness of his faith and his willingness to observe and keep the rules of the Church."' A mere probationer enters into no covenant with the Church. Every step he takes is preliminary to this, and either party may, at any time, quietly dissolve the relation between them without rupture or specific Church labour. 4. The Discipline does not specify the time when the probation shall terminate, but it las fixed its minimum period. "Let none be received into the Church until they are reconmmended by a leader with whom they have met at least six months." If either party desires a longer probation, a judicious administrator will readily allow it. A Church relation is so sacred and intimate that it should not be formed if there are secret misgivings on either party. The hand 32 CHURCH MEMBERSHIP. [Chap. I, of fellowship, when given, should be hearty, sincere, and deeply affectionate. But, when both parties are satisfied, and the usual period of probation has expired, the candidate should be advised to consummate his full connexion with the Church, as a duty which he owes to the great Head of the Church and to the world. 5. A member on trial is entitled to the special watch-care of the Church; he has a right to attend its general religious meetings, its classmeetings, and love-feasts. A probationer is not entitled to hold any official relation as trustee, steward, class-leader, exhorter, or local preacher. Where a new society has just been organized, necessity compels the preacher to appoint some probationer to take charge of the class, but this appointment does not give the person a connexion with the quarterly conference. None can form a part of this important judicatory of our Church who has never entered into covenant with us, or signified his "; willingness to observe and keep the rules of our Church." Nor is it the order of the Church for probationers, who have never been baptized, to partake of the holy sacrament. The initiatory rite Sec,. II.] PROBATIONERS. 33 should first be administered before the person is admitted to all the distinguishing rites of the new covenant. 6. A person on trial cannot be arraigned before the society, or a select number of them, on definite charges and specifications. " If lhe walk disorderly, he is passed out by the door at which he came in. The pastor, upon the evidence and recommendation required in the Discipline, entered his name as a candidate, or probationer, for membership, and placed him in.a class for religious training and improvement; now, if his conduct be contrary to the gospel, or, in the language of our rule, if he'walk disorderly and will not be reproved,' it is the duty of the pastor to discontinue him, to erase his name from the class-book and probationers' list. This is not to be done rashly, or on suspicion, or slight evidence of misconduct. It is made the duty of his leader to report weekly to his pastor'any that walk disorderly and will not be reproved.' This implies that the leader, on discovering an impropriety in his conduct, first conversed -privately with him, and, on finding that he had done wrong, attempted to administer suitable reproof that he might be recovered. Had he 3 34 CHURCH MEMBERSHIP. [Chap. I, received reproof, this had been the end of the matter; but he'would not be reproved,?-would not submit to reproof,-and the leader therefore reports the case to the pastor. But it is evidently the design that after this first failure on the part of the leader, further efforts should be made by the pastor; for the rule, after providing that such conduct shall be made known to the pastor, adds:'We will admonish him of the error of his ways. We will bear with him for a season. But, then, if he repent not, he hath no more place among us.' The pastor, on consultation with the leader and others when convenient in. country societies, and with the leaders' meeting, where there is one, determines on the proper course, and carries the determination into effect. Here is a just correspondence between rights and duties."Plat. X2eJth., p. 87. SECTION III.- gWthdrawal. 1. Church relation, from the nature of the case, must depend upon the mutual pleasure of the parties. No Church covenant ought to be construed into a solemn pledge and obligation to remain during life with that particular branch of the Church of Christ with which the person first unites. It may, indeed, be deemed a solemn Sec. III.] WITHDRAWAL. 35 pledge to remain in fellowship with some branch of the visible Church. Dissatisfaction with the doctrines or polity of a Church, after long and prayerful examination, may be a sufficient reason why a new Church relationship should be formed. 2. As Church relationship is formed to promote the mutual holiness of its members, and more successfully to extend Christianity through the world, the Church can never be a party to the removal of a member so long as he discharges faithfully his covenant vows. As it was voluntary for the person, to enter this relation, so it is optional with him to withdraw from this connexion whenever he is disposed, provided he has faithfully discharged his obligations. But if he withdraws, the act is his own, and the responsibility must rest upon him. The Church may labour to show him the folly and indiscretion of the act, but, if he persists in his determination, the Church must give her consent; but the acquiescence of the Church is not to be deemed as an assumption of a part of the responsibility of the act. 3. When a Church relation is formed, the member,:virtually, promises to observe the rules 36 CHUIvRcE MEMBERSHIP. [Chap. I, and usages of the society, and if he violates them, to submit to the discipline of the Church. And hence none can claim a withdrawal from the Church against whom charges have been preferred, or until the Church has had an opportunity to recognize the withdrawal. A solemn covenant cannot be dissolved until the parties are duly notified. The bishops have unanimously declared that " the admission of the right to withdraw at option, without the consent of the Church, especially when under imputation of gross and scandalous offences, would operate most injuriously to the maintenance of wholesome discipline and sound morals. In accordance with this view, we deem it to be our duty to say that it is contrary to the economy and usage of the Methodist Episcopal Church to allow ministers or members, when guilty of gross violations of the Discipline, to evade its salutary authority and force by declaring themselves withdrawn from the jurisdiction of the Church." (1848.) 4. But, though no accused member can claim the right to withdraw, yet the body to which he is responsible may "suffer" an accused member "' to withdraw from the Church, should he re Sec. III.] WITHDRAWAL. 37 quest it, before the trial takes place." "For scandalous crimes," says Bishop Hedding, " expulsion should undoubtedly take place," and if the authorities of the Church should proceed and expel a member who had violated his Church covenant, and declared himself beyond the pale of the Church, they would be protected by the civil law, provided their action was in accord ance with the rules of the Church. The Church must decide when her purity and influence demand the expulsion of disorderly members from her communion. (See Rec. Gen. Conf., 1848, p. 129.) 5. When several members of our Church withdraw in a body from our public and social meetings, and the oversight of the pastor, and appoint separate meetings for themselves, they are not to be considered as withdrawn from the Church, but they may be summoned, each separately, to answer for neglect of duty and disobedience to the order of the Church. " No member of our Church can be pronounced withdrawn from the Church without at least his verbal consent, so as to preclude the member from Church privileges, or the right of trial if he desires it." —Gen. Conf. Jour., 1860, p. 428. 38 CHURCH MEMBERSitIP. [Chap. I, 6. If a member makes an application to withdraw, and after a few days expresses a desire to remain in the Church, if the withdrawal has not been announced, and no entry has been made on the Church books, it is optional with the Church either to declare him withdrawn, or to allow him to recall his request. But if the withdrawal has been consummated by the assent of the Church, and the registry of the fact, it cannot be annulled by Church action. (Bp. Janes.) 7. A member who refuses to attend to his duties, to meet in class, etc., does not by that act withdraw from the Methodist Episcopal Church. But such member is responsible to the Church for such violation of his Church covenant. sec. I.] ANNUAL CONFERENCES. 39 CIIAPTER JI. THE CONFERENCES. SEcTION I.-Annual Conferences. 1. THE first annual conference in England was held at the Foundry in London, June, 1744, at which the following persons were present:John Wesley, Charles Wesley, John Hodges, Rector of Wenvo, Henry Piers, Vicar of Bexley, Samuel Taylor, Yicar of Quinton, and John Meriton. The first annual conference in America was held in Philadelphia, June, 1773, at which the Rev. Thomas Rankin presided. 2. Districts have existed not in name but in fact, since the organization of our Church. Mr. Wesley desired that "no more elders should be ordained, in the first instance, than were absolutely necessary, and that the work on the continent should be divided between them in respect to the duties of their office." The General Conference, at first, elected only twelve elders to.administer the ordinances of the Church; but 40 THE CONFERENCES. [Chap. II, Bishop Asbulry and the district conferences afterward enlarged the number, and gave them the name by which they were afterward designated. This proceeding subsequently received the approbation of Mr. Wesley and the General Conference of 1792. 3. The term circuit was first introduced into the Minutes of the conference in the year 1746. At that time a circuit embraced some fifteen or twenty societies which lay around some principal society. At each conference two, three, or four preachers were appointed to each circuit and the one having the charge was denominated an assistant, because he assisted Mr. Wesley in superintending the societies, and the other preachers were called hetpers. In England the name circuit is now generally retained, and applied to the stations of the preachers whose spheres of ministerial labour do not extend far beyond the limits of the town in which they reside, as well as to those which spread over a much larger space. In this country, in colloquial language, the term station is applied to a charge embracing only a single worshipping congregation, and circuit tc a more extended field; but, in the Discipline, these terms are frequently used interchangeably. Sec. I.] ANNUAL CONFERENCES. 41 When a society becomes, in common parlance, a station, it loses no title to funded property which it held while it was called a circuit, nor do circuit preachers form a different class of beneficiaries from those who are termed stationed preachers. 4. A bishop sustains the relation of moderator to the General Conference. He represents no section or interest of the Church; he can claim no right to introduce motions, to make speeches, or to cast votes on any question. As president, he can neither form rules nor decide law questions in the General Conference; and, on mere questions of order, there is an appeal from his decision to the deliberative body. (Bishops' Address to Gen. Conf., 1840; Bishop iedding on Discipline, p. 10.) No one of the bishops is specially designated as the president of the -General Conference. The order of presiding is a matter of mutual agreement among the bishops. He who occupies the chair for the time being, is the legal president of the conference. By a conventional arrangement among the bishops, there is properly but one official president of an annual conference, though other 42 THE CONFERENCES. [Chap. II, bishops may preside and assist in all the duties of the chair. No bishop has a right to make a motion, to vote, or to make speeches on controverted questions in an annual conference. 5. The peculiar prerogatives of the president of an annual conference are the following: — a. He may adjourn the conference over which he presides when, in his judgment, all the business prescribed by the Discipline shall have been transacted, provided that the conference shall be allowed to sit, at least, a week, and, also provided, that if an exception shall be taken, by the conference, to his so adjourning it, the exception shall be entered upon the Journals of the Conference. (Rec. Gen. Conf., 1840, p. 121.) Z. The bishop must decide all questions of law and order raised in the ordinary business of the conference. On a question of law, an appeal may be taken, either by the conference as a body, or by any member of it, to the next ensuing General Conference. The decision of the president, however, must be made the basis of action, for the time being, by the conference. On a question of order, an appeal may be taken at the time to the annual conference. Sec.I.] ANNUAL CONFERENCES. 43 c. The president of an annual or a quarterly conference has the right to decline putting the question on a motion, resolution, or report, when, in his judgment, such motion, resolution, or report does not relate to the proper business of a conference. Provided, that in all such cases, the president, on being required to do so, shall have inserted in the Journals of the Conference his refusal to put the question on such motion, resolution, or report, with his reasons for so refusing; and, also provided, that when an annual conference shall differ from the president on a question of law, they shall have a right to record their dissent on the Journals, provided there shall be no discussion on the subject. (Rec. Gen. Conf., 1840, p. 121. d. The following decisions were made by the General Conference of 1860: "'1. If a motion is made in an Annual or Quarterly Conference, which, if passed, would be a positive violation of Discipline, should the President put the motion and allow the Discipline to be set aside, or what should he do? "Answer. He should refuse to put the motion. "The President of an Annual or a Quarterly Meeting Conference has the right to decline putting the question on a motion, resolutions or 44 THE CONFERENCES. [Chap. II, report, when, in his judgment, such motion, resolution, or report does not relate to the proper business of the conference." (General Conference Journal, 1840, p. 121.) "2. When a Bishop presiding in an annual conference decides a question of law by request of the conference, if a motion is made which would reverse the decision of the Bishop, under the plea that the conference has the right to apply the law in the case, should the motion be put, and the conference be allowed to set aside the law under the pretense of applying it a "Afnswer. No. When a question of law has been decided by a Bishop in an annual conference that decision cannot be reversed or set aside except by the action of the ensuing General Conference, to which body an appeal may be taken by the annual conference or by any member thereof."-Gen. Cobf. Jour., p. 297. 6.. No preacher having the charge of a circuit is authorized to divide, or in any way to lessen the circuit. (Gen. Conf., 1816.) 7. In regard to episcopal decisions, the General Conference has adopted the following sentimlents: Sec. I.] ANNUAL OONFERENCE'S. 45 "Whereas, under the rule which says,'A bishop shall decide all questions of law in an annual conference, subject to an appeal to the General Conference,' a custom has grown up of evoking episcopal decisions touching the administration of the Discipline outside of the annual conferences; and' Whereas the opinions of the bishops, given inll writing in the intervals of the annual conferences, are sometimes regarded as decisions of law, binding in the administration of Discipline; and "Whereas these decisions and opinions are sometimes in conflict with each other, springing up from questions growing out of peculiar and ever varying circumstances; and "Whereas it is the judgment of -this conference that the use made of the rule aforesaid was not intended by the General Conference which established it, that General Conference intending it for the administration of the conferences, and not of the individual pastors; therefore, "1. Resolved, That every administrator of the Discipline is responsible to the proper authorities for his administration of the rules of the Church, and may not plead episcopal decisions as law. "2. Resolved, That while the counsels of our superintendents are to be highly respected, and 46 THE CONFERENCES. [Chap. II, to be considered of great value in the administration of Discipline, their decisions are not to be regarded as having the force of law outside of the annual conferences." —Gen. Cozf. fJor., 1860, p. 428. 8. The conference year commences when the appointments are announced in the annual conference, and continues until the announcing of the appointments at the next ensuing conference. (Bishop Waugh.) 9. The General Conference of 1860 has given the following instructions in regard to special transfers: " 1. Resolved, That while we cheerfully accord to our excellent superintendents their constitutional right to supply the general work by transfers when necessary, we respectfully request that transfers may never be made solely at the personal solicitation of the preacher desiring to be transferred, nor yet to gratify the wishes of any one charge between whom and the proposed appointee negotiations may have been previously made. "2. Resoved, That negotiations for special appointments in the pastoral work between Sec. I.] ANNUAL CONFERENCES. 47 individual ministers and societies, prior to the exercise of the regular appointing power in our Church, is contrary to our economy and injurious to our itinerant system."-Gen. Conf. Jour., p. 398. 10. All the preachers, whether in full connexion or on probation, are required to be present at the annual conference and undergo the required examinations. If a local deacon or elder, or if a minister from another evangelical denomination, join the travelling connexion, he is required to pass the four years' course of study. 11. "Can a travelling preacher, during the interval of the annual conference of which he is a member, be suspended for refusing to attend to the work assigned him? "Answer. It is the duty of a presiding elder'to take charge of all the elders and deacons in his district and to' take care that every part of our Discipline be enforced.' Now our Discipline provides (part i, chapter iv, sections iii and iv, pages 49, 50, and 51) that no elder or deacon'who ceases to travel without the consent of the annual conference, certified under the hand of'he president of the conference, except in case 48 THE CONFEREN'CES. [Chap. II, of sickness, debility, or other unavoidable circumstances, shall on any account exercise the peculiar functions of his office, or even be allowed to preach among us.' Hence, any elder or deacon who refuses to go to the work assigned him (' except in cases of sickness,' etc.) may be suspended' in the interval of the annual conference;' but the'fncl determination in all such cases is with' the conference." —Gem. Conf. Jour., 1860, p. 297. 12. When a member of an annual conference, in good standing, demands a location, the conference is obliged to grant it to him. But if the member is indebted to the Book Concern, the conference may require him to secure the debt before they grant his request. (Rec. Gen. Conf., 1840, p. 107.) 13. The location of a travelling preacher is to be reckoned from the final adjournment of the conference session, and not from the particular time that the vote of location is taken. 14. A located preacher is entitled to a certificate of location under the hand of the president of the conference. (Rec. Gen. Conf., 1848, p. 98.) Sec..] ANNUAL CONFERENCES. 49 15. A preacher who has been located, either with or without his consent, may, at any session, be readmitted to his former standing, at the option of a majority of the conference. 16. But if a preacher has withdrawn from an annual conference, he cannot again -be readmitted without the usual probation, though he has returned to the Church, and his credentials have been restored to him. 17.- Properly accredited members from the British, Irish, or Canada Conferences may be at once received into full connexion in the travelling ministry, provided they give satisfaction to an annual conference of their willingness to conform to our Church government and usages. But ministers from other Christian Churches can only be received at first on trial. 18. Ministers from other evangelical Churches must be recommended by some quarterly conference, according to our usages, before they can be received on trial in the travelling connexion. 19. A superannuated preacher possesses all the rights, powers, and prerogatives of an effect4 50 THE CONFERENCES. [Chap. II, ive preacher in an annual conference. He may serve on any committee, vote on any question, and represent an annual conference as a delegate in the General Conference. And whether he resides within or without the bounds of the conference of which he is a member, lie is entitled to a'seat in the quarterly conference, and to all the privileges'of membership in the Church where he resides. 20. A preacher on trial cannot sustain a superannuated relation. 21. A bishop is not authorized to continue an effective preacher in' a circuit or station where he has held a pastoral relation over a majority of the charge for two consecutive years, even though the station may be divided into two or more circuits or stations. (Gen. Conf., 1836.) 22. Every preacher belonging to the travelling connexion, unless he sustains a superannuated relations or is under arrest of character, must receive an appointment to some station recognised by oar economy. Previously to 1836, preachers were frequently returned on the Minutes as being left without an appointment at Sec. 1.] ANNUAL CONFERENCES. 51 their own request; but the General Conference has forbidden the practice. 23. Preachers on trial who have been em ployed "two successive years in the regular itinerant work on circuits, in stations, or in our institutions of learning,'" and have satisfactorily passed the prescribed examinations, are eligible to admission into full connexion. 24. When an annual conference requests a superintendent to appoint a preacher to a literary institution, it does not render it obligatory upon the bishop to comply with the request. (Rec. Gen. Conf., 1840, p. 165.) " 25. When a preacher is transferred from one conference to another his rights, privileges, and responsibilities in the conference to which he is transferred shall date from the date) of his transfer, unless it be especially provided otherwise by the bishop by whom the transfer is made. "' But it will not be lawful for him to vote twice on the same constitutional question, or be counted twice in the same year as the basis of the election of delegates to the General Conference, nor vote for delegates to the General 62 THE O0NFERENCES. [Chap. II, Conference in any conference where he is not counted as a part of the basis of representation." — Gen. Conf. Jour., 1860, p. 364. SECTION II. —Quarterly Conferences. 1. It is uncertain at what time quarterly conferences were introduced into our economy, but it is known that they were held at a very early period. The Large Minutes were first published in 1763, in which it is declared to be one of the numerous duties of the assistant to hold quarterly meetings, and diligently inquire therein into the spiritual and temporal state of each society. At a very early date, Mr. Wesley adopted the plan of quarterly visitations of the classes, at which he inquired into the religious state of each individual, and gave suitable pastoral advice, and renewed the certificate of membership by giving each a society ticket. The visitations were so arranged as to terminate with the four quarter-days in the national calendar; and the quarterly meetings of the circuits were appointed to be held on those days, or as near as practicable. 2. The powers of the quarterly conference are various. It is a court holding original juris Sec. II.] QUARTERLY CONFERENCES. 53 diction over accused local elders, deacons, and preachers, and of preachers on trial in the travelling connexion, and a court of appeals to the laity. It is a council to constitute and appoint local preachers, to examine their moral and Christian characters, and to recommend suitable persons for ministerial orders, according to the provisions of the Church. It holds, also, a supervisory relation to the various financial and benevolent enterprises of the Church. It is authorized "to hear complaints" against the official acts and delinquencies of local preachers, stewards, and exhorters, and against the awards of arbiters of disputed accounts. 3. The quarterly conference is composed of all the travelling and local preachers, exhorters, stewards, and class leaders of the circuit or station, and of such members of the annual conference as the bishop may designate, who, as agents, editors, etc., sustain no pastoral relation to any society, and of such superannuated preachers as reside on the circuit; the first male superintendents of our Sunday schools, being members of our Church, and approved by the quarterly conference. The missionary committee have a right to a seat in the conference during its action on 054 THE CONFERENCOES. [Chap. II, the subject of missions, but at no other time. All members of a quarterly conference, not under charges, have equal rights to speak and vote in a quarterly conference, except on questions affecting their own standing. 4. The presiding elder, when present, is the president of the quarterly conference; but in his absence the preacher in charge. 5. When two circuits are united for quarterly meetings, the preacher in charge within whose bounds the quarterly meeting is held, is the president of the quarterly conference in the absence of the presiding elder. (Bishop Hedding, MS.) 6. When two circuits are united for quarterly meetings, the secretary of the quarterly conference should record the entire doings of the conference, and the recording steward of each circuit take a copy of such records only as relate to his respective circuit. 7. The supervision of quarterly conferences over Sunday schools and Sunday-school societies, authorizes their direct control and management over Sunday schools where no Sunday school Sec. IT.] QUARTERLY CONFERENOES. 55 society exists, and empowers them to sanction and modify the organizations of Sunday-school societies where they exist, and to correct anything they may judge contrary to the doctrine, discipline, or usage of the Church in the practice of such organized societies; but quarterly con-'ferences cannot directly interfere in the management of the schools where such Sunday-school societies do exist. (Bishops.) 8. A quarterly conference has no authority to amend or reject a Sabbath-school report presented by the preacher in charge, according to the provisions of Discipline; but the report should be entered upon the journals of the conference. without the question being put on its adoption. 9. The presiding elder must appoint the time of holding a quarterly conference. If another person appoints it without his knowledge, it is not a legal session, even if a preacher in charge presides in it. 10. A quarterly conference may adjourn from time to time to finish any pending business; but it cannot adjourn to a distant day to take up new 56 THE CONFERENCES. LCHap. II, business which would properly belong to a future quarterly conference. (Hedding on Disc., p. 36.) 11. The president of a quarterly conference has the right to adjourn the conference over which he presides when in his judgment all the business prescribed by the Discipline to such conference shall have been transacted. But if an exception be taken by the conference to his so adjourning it, the exception must be entered upon the journals of the conference. (Rec. Gen. Conf., 1840, p. 121.) 12. "All ministers having charge of circuits or stations should faithfully enforce the provisions of the Discipline on the subject of temperance, and every presiding elder should make it a subject of inquiry in every quarterly conference."-SGen. Conwf. Jour., 1860, p. 395. 13. The members present at any regularly called quarterly conference constitute a legal quorum for the transaction of business. A tie vote, in a quarterly conference, decides the question in the negative, as the presiding elder is not entitled to vote. Sec. II.] Q'UARTERLY CONFERENCES. 57 14. The minutes of a quarterly conference must be read and approved at the close of the session when they are taken: they cannot be approved at, any subsequent session. The unrecorded action of the conference is of no legal authority. 15. "Question 5. What is the method wherein we usually pioceed in the quarterly conferences? "Answer. We inquire: " (1.) Are there any complaints? " (2.) Are there any appeals?' (3.) Is there a written report of the number and state of the Sabbath schools, and of the religious instruction of the children? "(4.) Will you have a Sabbath-school committee?' (5.) What amount is estimated for the support of the pastor or pastors of this charge the present year? "(6.) What amount has been received for the support of the pastor or pastors the present quarter? "(7.) Who constitute the missionary committee? "(8.) Is there any change desired in the board of stewards "(9.) Are there any further reports (a) from 58 THE CONFERENCES. [Chap. II, the pastor, (b) from the stewards, (c) from the trustees, (d) from committees? "(10.) What amounts have been contributed (a) for imissions, (b) for Sunday-School Union, (c) for tract cause? "(11.) How many subscribers have been obtained for our periodicals? "(12.) Are there any recommendations for license to preach? "(13.) Are the Church records properly kept? "(14.) Who constitute the estimating committee for the ensuing year? "(15.) Who is the district steward? "(16.) Are the provisions of the Discipline enforced on the subject of temperance? "(17.) Is there any other business? " [In answer to this, at the fourth quarterly conference, the examination of local preachers, exhorters, and stewards, and the licensing of local preachers and exhorters, and recommendations to the annual conference for orders, or for admission into the travelling connection.] "N. B. 1. On circuits,.the quarterly conference determines the place of- the quarterly meeting, and the presiding elder fixes the time. " 2. Questions 10 and 11 are asked only at the fourth (luarterly conference, and question 4 only Sec. III.] LEADERS' MEETINGS. 59 at the first quarterly conference."-Gen. Uonef Jozur., 1860, pp. 305, 395. SECTION III. —Zeaders'.ieetsings. 1. Mr. Wesley gives the following account of the origin of class-leaders and leaders' meetings. He had long been perplexed because he had no means of learning the private character of many of his nmembers. "At length," says he, " while we were _thinking of quite another thing, we struck upon a method for which we have had cause to bless God ever since. I was talking with several of the society in Bristol (Feb. 15, 1'742) concerning the means of paying the debts there, when one stood up and said,'Let every member of the society give a penny a week till all are paid.' Another answered,'But many of them are poor, and cannot afford to do it.'' Then,' said he,'put eleven of the poorest with me, and if they can give anything, well; I will call on them weekly; and if they can give nothing, I will give for them as well as for myself. And each of you call on eleven of your neighbors weekly, receive what they give, and make up what is wanting.' It was done. In a while some of them informed me they found such and such a one did not live as he ought. 60 THE CONFERENCES. [Chap. II, It struck me immediately-' This is the thing, the very thing we have wanted so long.' I called together all the leaders of the classes, (so we used to term them and their companies,) and desired that each would make particular inquiry into the behaviour of those whom he saw weekly. They did so. Many disorderly walkers were detected. Some turned from the evil of their ways; some were put away fromn us. Miany saw it with fears, and rejoiced unto God with reverence... As soon as possible the same method was used in London and all other places." The institution of weekly leaders' meetings followed of course. 2. Leaders' meetings, from their first institution, have been composed of the travelling preachers stationed in the circuit or station, and the stewards and class-leaders of the charge. The Discipline does not recognise the office of ass'stant class-leader. Though a member may be requested to aid a leader in the discharge of his duties, yet this relation does not entitle him to a seat in the leaders' meeting, or in the quarterly conference. 3. To define specifically the duties and prerogatives of class-leaders and of leaders' meet Sec. 111.] LEADERS' MEETINGS. 61 ings, Mr. Wesley published the following rules in 1771: "' That it may be more easily discerned whether the members-of ou-r societies are working out their own salvation, they are divided into little companies called classes. One person in each of these is styled the leader. It is his business, (1.) To see each person in his class once a week; to inquire how their souls prosper; to advise, reprove, comfort, or exhort them. (2.) To receive what they are willing to give toward the expenses of the society. And, (3.) To meet the assistants and the stewards once a week. This is the whole and sole business of a leader or any number of leaders. But it is common for the assistant in any place where several leaders are met together to ask their advice as to anything which concerns either the temporal or spiritual welfare of the society." No duties are so specifically assigned to the leaders' meeting as to require their being held in all our circuits and stations; yet when they are held monthly, they are found to be eminently adapted to promote the interests of the Church. The ordinary business of a leaders' meeting embraces the following items: a. That the leaders have an opportunity " to inform the minister of any that are sick, or of 62 THE CONFERENCES. [Chap. II any that walk disorderly and will not be reproved." b. That the pastor may examine the several class-books, and ascertain the Christian walk and character of each member of the Church, and learn what members of the flock especially need his watch-care and counsel. c. To inquire into the religious state of all persons on trial, and ascertain who can be recommended by the leader for admission into full connexion, and who should be discontinued. d. To examine the several leaders respecting their "method of leading their classes." " Let this be done with all possible exactness at least once a quarter." —)iscipIne. e. To recommend suitable persons to be licensed as exhorters and local preachers. f. That the leaders may "pay the stewards what they have received of their several classes in the week preceding." And also to hear reports from the stewards. 4. Class-leaders, as such, are responsible only to the preacher in charge, who may remove them at pleasure. Sec. PRESIDING ELDERS. 63 CHAPTER III. MINISTERS. SECTION I.-Presiding Elders. 1. THE office of presiding elder is coeval with the Methodist Episcopal Church, though the name was not given to the office until 1789, and its duties were not specifically defined until 1792. 2. The origin and nature of the office are thus given by Dr: Coke and Bishop Asbury: "'When Mr. Wesley drew up a plan of government for our Church in America, he desired that no more elders should be ordained, in the first instance, than were absolutely necessary, and that the'work on the continent should be divided between them, in respect to the duties of their office. The General Conference accordingly elected twelve elders for the above purposes. Bishop Asbury and the -district conferences afterward found that this order of men was so necessary that they agreed to enlarge the number, and 64 M I I STER S. [Chap. III, give them the name by which they are at present called, and which is perfectly Scriptural, though it is not the word used in our translation; and this proceeding afterward received the approbation of Mr. Wesley. In 1792 the General Conference, equally conscious of the necessity of having such an office among us, not only confirmed everything that Bishop Asbury and the district conferences!had done, but also drew up, or agreed to, the present section for the explanation of the nature and duties of the office." -Coke and Asbury's Notes on the Discipline. 3. The presiding elder is authorized to decide all questions of law in a quarterly conference; but an appeal may be taken from his decision to the president of the next Annual Conference. If the decision of the president of the conference is not satisfactory, either party may take an appeal from this decision to the General Conference. 4. A presiding elder cannot administer discipline in any society where there is a regularly constituted pastor. If there is no preacher in charge, he may discharge all the peculiar duties of- the pastorate. Sec. I.] PRESIDING ELDERS. 65 5. A preacher sent by a presiding elder to hold a quarterly meeting is not the president of the quarterly conference, unless he is duly put in charge of the circuit or station. 6. A presiding elder has no authority to permit a travelling preacher to leave his appropriate work. If a preacher leaves his charge, the responsibility rests upon himself alone, and he must answer it at the annual conference. (Gen. Con. Rec. 1840, p. 105.) 7. A presiding elder may remove a preacher from his charge, in the interval of conference, and assign him another station within the limits of his district; but he cannot remove him beyond the bounds of his district: his powers are wholly restricted to these limits. 8. Presiding elders are superintendents of the domestic missions within their bounds severally, and are required to make a quarterly report to the Corresponding Secretary of the Missionary Society of the work under their superintendence; and if they cannot visit each part of their missions personally, the missionary must report to them quarterly by mail. - ~~5 66 3MIINISTERS. [Chap. III, 9. In case of application as a missionary to preach the gospel in a foreign mission, the presiding elder of the applicant should furnish the bishop having the authority to appoint, testimonials on the following particulars:a. Character of the applicant's piety. b. Manner and effectiveness of his preaching. c. His natural talents and temper, and the probability of his working happily with others. d. His judgment, discretion, and common sense. e. The extent and qualities of his education. f. His habits of improving time, and of seizing opportunities of usefulness. g. The habits of economy of himself and his family. h. His facility of acquiring influence over others. i. His aptness in acquiring languages. j. His personal appearance, manners, and address. k. His character, habits, health, and constitution, in view of his particular field. (Missionary Manual, p. 7.) 10. Subjects for correspondence of superintendents, especially with reference to foreign missions and missions among the Indians: See. II.] PREACHER IN CHARGE. 67 a. The peculiar customs of the people among whom they labour. b. Their language, habits, laws, and government. c. Their religious views and worship. d. The degree and character of their civilization. e. Their views and feelings with respect to Christianity, and its progress among them, if they have made any. f. Account of particular conversions and experiences. (Miss. Manual, p. 17.) 11. When a presiding elder is appointed or elected president of an annual conference, he has the same prerogatives as to presiding in conference, and making out the appointments, as a bishop; but such appointment confers no prerogative, except those specified above, and these only during the session of the conference. SECTION II. —Preacher in Charge. 1. A preacher in charge is one who has the pastoral care of a circuit or station, by the appointment of the regularly constituted authority of the Church. Hemay be an elder, a deacon, an unordained preacher on trial, or a local 68 MINISTERS. [Chap. III, preacher employed by the presiding elder to supply some vacancy; all appointed by competent authority possess full and equal powers as preachers in charge. 2. The duties of a preacher in charge are, to watch over the moral character and to supply the temporal wants of the junior preachers on his circuit, if there be any; to renew the lovefeast tickets quarterly; to hold watch-nights and love-feasts; to permit no love-feast to last longer than one hour and a half; to appoint, prayer-meetings whenever it is practicable; to appoint a fast in every society on the circuit the Friday preceding each quarterly meeting, and to make a memorandum of it on all the classpapers; to read the rules of the society, with the aid of the other preachers, once a year in every congregation, and once a quarter in every society; to enforce vigorously,- but calmly, all the rules of the society; to take a regular catalogue of the societies in town and cities as they live in the streets; to give a note of recommendation to members removing from the circuit, and to enj oin upon those removing to obtain a recommendation; to recommend decency and cleanliness everywhere; to appoint a Sec. 11.] PREACHER IN CHARGE. 69 person to receive the quarterly collections in the classes; to encourage the support of missions, by forming societies and making collections in such manner as the annual conference shall direct; to provide for the diffusion of missionary intelligence in the Church and congregation; to institute a monthly missionary prayermeeting or lecture in each society or church and congregation, wherever practicable, and to appoint, aided by the Committee on Missions, missionary collectors; to lay before the quarterly conference, at each quarterly meeting, a written statement of the number and state of the Sunday schools in the circuit or station, and to report the same -to the annual conference; to take an annual collection in each of the appointnents in behalf of the Sunday-School Union; to form Sunday schools in all our congregations where ten children can be collected for that purpose; to form Bible classes; to visit the schools as often as practicable, and to preach on the subject of Sunday schools and religious instruction in each congregation at least once in six months; to take up a collection or raise a subscription for the purchase and distribution of tracts; to catechise the children in the Sunday school and at special meetings appointed for that purpose; 70 MINISTERS. [Chap. III, to hold quarterly meetings in the absence of the presiding elder; to give an account of his circuit every quarter to his presiding elder; to report at each quarterly meeting the names of those who have been received into the Church or excluded therefrom during the quarter; also the names of those who have been received or dismissed by certificate, and of those who have died or have withdrawn from our Church; to license proper persons to officiate as exhorters; to submit the application of all who desire a license as a local preacher to the society or leaders' meeting for a recommendation to the quarterly conference; to give a certificate of the official standing of a local preacher when applied to in case of removal; to appoint and change leaders when he sees it necessary; to nominate stewards for the confirmation of the quarterly conference; to meet the stewards and leaders frequently; to inspect the accounts of the stewards; to recommend arbitration between members when there is a dispute in reference to pecuniary affairs; to appoint a committee to inspect the accounts, contracts, and circumstances of those members who fail in business or contract debts which they are not able to pay; to call a member accused of non-payment of debt before Sec. II.] PREACHER IN CHARGE. 71 a committee for investigation and settlement; to bring to trial and expel, according to Discipline, disorderly members; to call local preachers who have failed in business before a committee; to reprove local preachers guilty of indulging in improper tempers, words. or actions, and to call those accused of crime before an investigating committee; to report to the annual conference the number of Church members, number of deaths- the past year, numnber of probationers, number of local preachers, number of adults baptized the past year, number of children baptized the past year, number of. churches and their probable value, number of parsonages and their probable value, amount collected for superannuated preachers, amount collected for the Missionary Society, amount collected for the American Bible Society, amount collected for the SundaySchool Union, number of Sunday schools, number of officers and teachers, number of scholars, number of volumes in library; to recommend to every class or society to raise a quarterly or annual subscription to meet the current expenses of preaching the gospel on the circuit, and to make up the allowance of the preachers; to appoint a person to receive the quarterly collection in the classes; to takJe up a yearly collection, 72 MINISTERS. [Chap. III, and, if expedient, a quarterly one to make up the deficiencies at the annual conference; to be collectors and receivers of subscriptions, &c., for the Chartered Fund; to supply the societies with books; to leave his successor a particular account of the circuit, including an account of the subscribers for our periodicals; to keep in a suitable book a faithful record of all the subscribers to our periodicals in his charge; enter the date and amount of payments, and leave the book for his successor, and a note of the place where it is left on the plan of the circuit; (see Gen. Conf. Rec., 1840, p. 117;) to raise a subscription annually, where it is practicable, for building churches and paying the debts of those which have been already erected; to choose a committee of laymen to make a judicious appropriation of the money thus raised; to appoint a board of trustees for holding Church property when necessary. 3. The preacher in charge who is a member of an annual conference and a preacher on trial, is responsible to the annual conference for his ad ministration of discipline; and a local preacher in charge of a society is responsible to the quarterly conference. Seo. III.] LoaAL PREACHERS. 73 SECTION III.-ocZal Preachers. 1. No one can be licensed as a local preacher until the following steps have been taken:a. He must be recommended by the leaders' meeting, or by the society of which he is a member. It is not sufficient that he be recommended by the class of which he is a member. b. He must be examined before the quarterly conference on the subject of doctrines and discipline. 2. The license of a local preacher is given by the quarterly conference, and not by the presid ing elder; and hence the license must be signed by the president of the conference, even if he is the person thus licensed. 3:. A quarterly conference may refuse to renew the license of a local preacher without any impeachment of moral character, or finding any decrease of piety, talent, or usefulness. (Bishops VWaugh and Janes.) 4. Every license is given for one year, and for one year only; and hence, in the interval of a conference year, a license cannot be revoked 74 MINISTERS. [Chap. III, unless the quarterly conference, in due form, for cause assigned, deprive the local preacher of his ministerial office; and if, at the expiration of the year, no conference action is taken upon it, the license becomes null and void. The question of renewal of licenses may be laid over as unfinished business until the next succeeding quarterly conference. If the license of a local preacher has expired, the same preliminary steps must be taken to regain it as if no license had ever been given. The fact that the society has formerly recommended a person for local preacher's license, would impose no obligation upon it to renew the recommendation if the question were again submitted to it. If a quarterly conference refuses to renew the license of a local preacher, a subsequent quarterly conference cannot reconsider the question and grant a renewal. 5. The license of a local preacher " must be renewed annually;" but by this expression is meant that it must be renewed in every ecclesiastical rather than in every calendar year. If, by the arrangement of holding quarterly conferences, the time exceeds by a few weeks the calendar year, it does not render void the license. And if a local preacher should change his resi Sec. III.] LOCAL PREACHERS. 75 dence, and it should be found that no quarterly conference will be held for a short time after the calendar year has expired, the license will remain in full force until the question of renewal can be submitted. 6. An ordained local preacher is not required to have his credentials renewed annually. Iis ordination parchments authorize him to preach until they are surrendered, or made void by Church action, or a violation of ordination vows. But ordained local preachers are required to pass an examination in the quarterly conference respecting their gifts, labours, and usefulness. Usage requires that this examination be made annually. If a quarterly conference refuses to pass the character of a local elder or deacon for any alleged reason, the administrator should proceed to an investigation of the case, according to disciplinary rule. 7. No local preacher can be employed by a presiding elder to travel, except in the interval of a quarterly conference, without a recommendation of a quarterly conference. This recommendation may be the usual recommendation to an annual conference to be received into the 76 MIANISTERS. [Chap. III, travelling connexion, or it may be a simple recommendation to be employed, for the time being, on a circuit or station. 8. Every local preacher is amenable to the quarterly conference where he resides for his Christian character, and the faithful performance of his ministerial office. When a preacher is located, or discontinued by an annual conference, he is amenable to the quarterly conference of the circuit where he had his last appointment, or where he resides at the time of his location. A preacher on trial is " amenable for his administration, when he is in charge, to his presiding elder and the annual conference. The presiding elder can correct his errors and reprove him, and change his relation by putting him under another preacher; and the conference can discontinue him for that cause."-Bp. Heddinqg. 9. The following prerequisites are necessary for the ordination of a local preacher:a. He must have held a local preacher's license for four consecutive years before his ordination. b. He must have been examined, in the quarterly conference, on the subject of doctrines and discipline. c. He must have received a "testimonial" from the quarterly conference, signed by the Sec. III.] LOCAL PREACHERS. 77 president and countersigned by the secretary. This testimonial must recommend the applicant as a suitable person to receive ministerial orders. d. He must pass an examination of character before the annual conference, and obtain its approbation and election to orders. The candidate for elder's orders must either certify his belief in the doctrines and discipline of our Church, with his own signature, or make this profession before the conference. 10. Wesleyan local preachers, fromu the British, Irish, and Canada connexions, when duly received by us, are eligible to deacon's and elder's orders at the same time they would have been if they had received their first license from us; but this rule applies to none who come from other Christian Churches. 11. The recommendations of quarterly conferences for the ordination or admission of local preachers into the travelling connexion, on trial, are not valid after the next annual session for which they were given. 12. The presiding elders and the preachers in charge are required so to arrange the appointments, whenever it is practicable, as to give the local preachers regular and systematic employment on the Sabbath; but they cannot control 978 MINISTERS. [Chap. III, the appointments of local preachers, unless they conflict with the plan of the circuit. 13. If a local preacher desires to withdraw from the Methodist Episcopal Church, his request should be presented to the quarterly conference to which he is amenable. The preacher in charge can take no other action in the premises than to present the request of the local preacher to the quarterly conference. SECTION IV.-Exhorters. 1. Exhorters were recognised in our Church at a very early period. Mr. Wesley permitted none of his members to hold.religious meetings without a special note from the assistant. 2. The character of the office is sufficiently indicated by the name. It is not contemplated that an exhorter will attempt to preach,-formally announce a text, and confine himself to the elucidation of any particular passage of Scripture, — but that he will read a Scripture lesson, and make a practical application of its general sentiments to the people. This office, when faithfully discharged, may be rendered eminently serviceable in promoting the interests of the Church. 3. It was required by the conference of 17'9 that "' every exhorter and local preacher should Sec. IV.] EXHORTERS. 79 go by the directions of the assistants,-where, and only where, they shall appoint." They should act under the general direction of the preacher in charge. Exhorters and local preachers should cooperate with the travelling preachers in carrying out the general plan of the circuit; and should not hold meetings beyond the limits of the charge which recommended their license, unless they go forth to break up new ground, or are invited to another charge by the requisite authority of the Church. 4. No person can be licensed as an exhorter who is not a member in full connexion, or who has not been first recommended by the leaders' meeting, or by the class of which he is a member where no leaders' meeting is held. 5. All licenses to exhort are primarily given by the preacher in charge. Every exhorter, however, is subject to an annual examination of character in the quarterly conference; and his license must annually be renewed by the presiding elder, or the preacher in charge, if approved by the quarterly conference. 6. Exhorters are responsible for their official conduct to the quarterly conference; but they cannot be deprived of membership without a trial, in due form, before a select committee, or the society of which they are members. 80 LOVE-FEASTS. [Chap. IV, CHAPTER IV. CERTIFICATES- AND LOVE-FEASTS. SECTION I. —ote of Recommendation. 1. EVERY member in full connexion, who removes to another circuit or station, is entitled to a note of recommendation, if charges are not preferred against him. 2. If, in the judgment of the preacher in charge, there are sufficient reasons for withholding a certificate, and the member is willing to be tried, the preacher is guilty of maladministration unless he proceeds in the trial of such person. (Rec. Gen. Con. 1848, p. 98.) 3. No preacher is under obligation to give a certificate of membership to any member of the Methodist Episcopal Church, unless said member wishes to remove his membership to another charge in the Methodist Episcopal Church; though, as a matter of courtesy, he may give a recommendation to a member in good standing Sec. I.] NOTE OF RECOMMENDATION. 81 who wishes to unite with another evangelical denomination. (Rec. Gen. Con. 1848, p. 59.) 4. Where charges are contiguous, there may be a change of Church relation from the one to the other without a change of residence; but if the member removes his residence beyond the reach of his privileges, and the oversight of his pastor and leader, he must remove his membership by certificate, unless he has no access to Church privileges convenient to his new residence. 5. In case of removals without a letter, the preacher has no authority to erase the name from the Church register, but should record the fact that the person removed without a letter. 6. When a member receives a certificate of membership from a preacher having charge of a circuit or station, he is responsible for his moral conduct, from the date of his certificate until he joins, to the society receiving him upon that certificate. (Rec. Gen. Con. 1848, p. 126.) While the person holds the certificate in his own possession, he cannot claim any privileges in any society, or be brought to trial on any 6 82 L O VE-FEASTS. [Chap. IV, charge or complaint; but the cause of religion and morality may require that the position of such a person be published to the world. 7. The Discipline does not define any time beyond which a certificate becomes null and void. The preacher in charge may receive a member on such certificate at any time, and hold him responsible, when he is received, for anything he may have done while he retained the certificate. (Bp. Morris.) 8. It is not optional with the preacher whether he will receive a certificate from a member residing within the limits of his charge. If the certificate is drawn up in due form, and signed by the constituted authority, it must be honoured. If it is known that the person presenting the certificate has committed a crime, it would serve as no bar to its reception: the certificate should be received, and the person be immediately put on trial in due form before the society, or a select number of them. The General Conference of 1860 adopted the following decisioif: "Is a preacher in charge obliged to receive a properly authenticated certificate of a member Seo. I.] NOTE OF RECOMMENDATION. 83 when- he is aware such reception would disturb the peace and quiet of the Church? "Answer. It is the duty of the preacher to receive all such certificates." — Gent. o/nf. Jour., p. 298. In those extreme special cases in which. a preacher refuses to receive a letter, he must justify his course, if complained of; before the annual conference. 9. "When a member is expelled from the Church, and complaint is made against the administrator to his annual conference for maladministration, and the conference decide that the person was expelled contrary to Discipline, what is the relation of the member expelled from the Church? Does the act of the annual conference restore the character of the member, so that the charges on which he was expelled are so annulled that the preacher may legally give him a letter before said charges are disposed of by trial or withdrawn? "Answer. The act of the annual conference does not restore his character, but simply his membership; and when so restored he is placed in the position which he occupied before he was tried, that is, he is an accused member, and 84: L O V E-FEASTS. [Chap. IV, hence, the preacher is not at liberty to give him a certificate of membership.'!-Gen. onf. Jour., 1860, p. 298. 10. Neither a class-leader, nor any other Church officer, except the preacher of the circuit, can give, properly, a note of recommendation. 11. Certificates should not be given to those who withdraw from our Church, and do not intend to unite with any other evangelical Church. 12. Exhorters who change their residence should receive a note of recommendation, certifying their official relation; and tile presiding elder having the oversight of the charge to which they have removed, may direct that the names of such exhorters be entered upon the records of the quarterly conference. SEcTION II. —-ove-Feasts. 1. Love-feasts, or agazce, were instituted in the apostolic age. The early Christians ate and drank together to signify their Christian love for each other. Before receiving their repast they washed their ]hands, and public prayers were Sec. II.] LOVE-FEASTS. 85 offered. The services wei'e conducted by the bishop, or presbyter. A portion of the sacred writings was read, and questions were proposed by the presiding officer respecting the lesson, which were answered by the assembly. Religious intelligence which had been received from other Churches was recited, and the acts of the martyrs, and letters from bishops and other eminent members of the Church, were read. Hymns and psalms were sung, and a collection was taken for the widow and the orphan, for the poor, the prisoner, and those who had suffered shipwreck. These seasons were peculiarly interesting to the hated and hunted disciples, and rendered doubly dear because their religious professions cut them off from associations with their early friends. "'It is a custom," says Chrysostom, "most beautiful and beneficial; for it is a supporter of love, a solace of poverty, a moderator of wealth, and a discipline of humility." 2. Many of the rites which a guiding Providence had made subservient to the interests of the Church, in the days of her affliction, began to be perverted when prosperity dawned upon her. Some hoped, by merely banqueting with 86 LOVE-FEASTS. [Chap. IV, the Church, to secuI'e a moral qualification for admission into the sacred mysteries; others supposed that by providing general agaypce for their brethren, they would perform a meritorious work which would personally exalt them in the sight of God and man; and others gave occasion for pagans to suspect that the same immoralities were practised in the Christian festivals that disgraced their own. For these and other reasons the love-feasts were discontinued, in the Western Church, by order of the Council of Carthage, A. D. 397. (See Tertullian's Apol. i., 39; Apostol. Constitution, Book ii., c. 28; Iitto's Sac. Lit., Art. Agap.) 3. Mr. Wesley assigns the following reasons for their introduction into the Methodistic economy: "~ I1 order to increase in them [persons in bands] a grateful sense of all his [God's] mercies, I desired that one evening in a quarter all the men in band, on a second all the women, would meet; and on a third, both men and women together; that we might together' eat bread,' as the ancient Christians did,'with gladness and singleness of heart.' At these love-feasts (so we termed them. retaining the name as well as the thing, which was in use Sec. II.] LOVE-FEASTS. 87 from the beginning) our food is only a little plain cake and water; but we seldom return from them without being fed, not only with the'meat which perisheth,' but with'that which endureth to everlasting life.' -- Wesley's Works, vol. v., p. 183. 4. The Discipline contemplates that members shall be admitted into love-feasts only by the presentation of tickets at the door; but in new and sparse settlements it is found impracticable to carry this out in every instance. An essential Methodist love-feast may be held without tickets. 5. Members, probationers, and "well-disposed" baptized children of our members are entitled to admission into love-feast. (See _Discplitne, 1840.) The term "' strangers 9" embraces all other persons, whether members of other Christian communions or not. 6. By established usage the presiding elder is entitled to hold the love-feast at the quarterly meeting. 88 OHURCH TRIALS. LChap. V, CHAPTER V. CHURCH TRIALS. SECTION I.-Trial of Xemrnbers. 1. WE now enter upon a subject of the greatest importance to the pastor. The pastoral office is instituted to guard and promote the moral and religious character of the community. In the discharge of its functions counsel, admonition, and reproof must frequently be administered, to- establish the wavering and to reclaim the erring. It cannot be anticipated that those duties which call in question the rectitude of moral character can be discharged, with true Christian fidelity, without occasionally inflaming. the bad passions of men, and, perhaps, subjecting one's self to a legal prosecution; and hence it is important to inquire how far the civil law recognises the right of the full discharge of pastoral duties. Our political constitutions guarantee, in general terms, to every individual the natural and inalienable right to worship God according to the dictates of his own conscience, and Sec. I.1 TRIAL OF MEMBERS. 89 promise that no subject shall be hurt, molested, or restrained, in person, liberty, or estate, for his religious sentiments or professions, provided that he does not disturb the public peace, nor infringe upon the rights of others. But these principles have been regarded as the basis of religious freedom, and the pledge that an enlightened conscience shall not be violated, rather than the foe to those religious associations which bind its members to watch over each other's faith and practice with a godly jealousy. It is not pretended that Churches in this country possess, in a legal aspect, more power than other societies voluntarily organized, with such gradations of officers and judicatories as may subserve the moral and religious purposes of their organization. No civil disabilities nor pecuniary fines can be inflicted for the grossest violations of covenant vows; yet the right of religious societies to inquire into the conduct of their members, to pass votes, of expulsion, and record their proceedings against those who violate their covenant relations, has been fully recognised by the civil tribunal: nor will courts of justice inquire whether the conduct of the aggrieved member merited such discipline, provided that the proceedings of the Church were according to the 90 CHURCH TRI.ALS. LChap. V, established ausages of the denomination, and done in good faith without malice. And even if the case has been submitted to a jury, on the trial of the indictment against the accused, and the evidence considered insufficient by them to convict the accused of the crime in question, it serves as no bar to the religious society investigating the case de novo, according to its established regulations. (Ref. 3 Johnson, 183.) 2. There are certain privileged communications which, although they may inflict real injury upon personal reputation, yet do not subject a person to a criminal prosecution, on the ground that the good of society required the divulging of private: infamy. The giving of the character of a servant to a person about to employ him may be slanderous or otherwise, as it is done with honest intentions, or with a design to injure and defame. A representation made by members of a religious society to the pastor, or to a Church judicatory having power to hear, examine, and redress grievances, in respect to the ministry or laity, is primanfacie a privileged com-' munication. "The law concedes," says Judge Cowen, " the right of petition and remonstrance Sec. I.] TRIAL OF MEMBERS. 91 to a spiritual superior, when they are presented with a view to redress. The proper channel being pursued, the Church member is entitled to the same measure of protection as if he had, when writing the libel, been engaged in seeking the removal of an inferior officer at the hands of a superior, created by the constitution or the law."-19 TWendall, 296; 23 Wendall, 26; 2 Pick., 310. 3. It is a principle clearly recognised by the Discipline of our Church, that no member, in full connexion, can be dropped or expelled by the preacher in charge until the select committee, or the society of which he is a member, declares, in due form, that he is guilty of the violation of some Scriptural or moral principle, or some requisition of Church covenant. The restrictive rules guarantee, both to our ministers and members, the privilege of trial and of appeal; and the General Conference has explicitly declared that "it is the right of every member of the Methodist Episcopal Church to remain in said Church, unless guilty of the violation of its rules; and there exists no power in the ministry, either individually or collectively, to deprive any member of said right." —Rec. Gen. Con. 92 CHURCH TRIALS. lChap. V, 1848, p. 73. The fact that the member is guilty of the violation of the rules of the Church must be formally proved before the body holding original jurisdiction in the case. If the administrator personally knows that the charges are substantially true, it does not authorize him to remove the accused member. The law recognises no member as guilty until the evidence of guilt is duly presented to the proper tribunal, and the verdict is rendered. 4. The mode of removing unworthy members, in former times, was very different from the one now practised. At every quarterly visitation Mr. Wesley gave a ticket to each member, bearing the member's name upon it. This ticket was a symbol, or tesserct, as the an cients termed such, denoting that the person holding it was recognised as a member of the society.'These," says Mr. Wesley, " also supplied us with a quiet and inoffensive method of removing any disorderly member. He has no new ticket at- the quarterly visitation, —for so often the tickets are changed,-and hereby it is immediately known that he is no longer of the community."-W esley's Works, vol. v, p. 182. Sec. II.] PRESIDENT OF THE TRIAL. 93 SECTION II.-President of the Trial. 1. An accused member must be brought to trial in the presence of a " bishop, elder, deacon, or preacher." That a preacher, regularly in charge, is authorized ordinarily to preside in the trial of a member, none will deny; and that, under certain circumstances, a bishop may preside, the rule directly asserts. But what are those circumstances in which this may legally be done? We reply, that it can be done only in those cases in which a bishop is, virtually, the preacher in charge. If a society is deprived of its pastor, the general superintendency of that society is vested, by the General Conference, in the bishop, or in his representative, the presiding elder. It is one of the special duties of the superintendency to look after the interests of destitute Churches, and to make suitable provision for their religious instruction; and it is one of the excellences of our system that no society can be beyond the pale of the general superintendency: but where there is a pastor, technically called the preacher in * This passage was stricken from the Discipline by the General Conference of 1856, and the following inserted:'in the presence of the preacher in charge, who shall lreside in the trial.') 94 CHURCH TRIALS. [Chap. V, charge, he must preside at all Church trials of members, even if presiding elders and bishops are present. The general duties of the several officers known in our economy are specifically stated in the Discipline; and each officer is held responsible for the faithful discharge of his re spective duties. The -Discipline requires that the preacher in charge shall pronounce him expelled whom the society, or the select committee, have found guilty of a crime expressly forbidden in the word of God. If members wilfully and repeatedly neglect to meet their respective classes, and will not amend, it is made the duty of "heim who hac the charge of the circuit or station to bring their case before the society, or a select number of them." The preacher in charge is required to "receive, try, and expel members, according to the form of Discipline." The history of the rule confirms the exposition we have given. The section respecting " bringing to trial disorderly members " was drawn up by Bishop Asbury, in 1788, and introduced into the Discipline in the following year. The original section did not specify by whom the convicted member should be expelled, but it was indefinitely stated, "Let him be expelled." -But a note was appended to the Min Sec. IT.1 PRESIDENT OF THE TRIAL. 95 utes, in the same year, explanatory of this section, and setting forth upon whom the responsibility of conducting a Church trial rested: "As a very few persons have in some respects mistaken our meaning, in the thirty-second section of our form of Discipline, on bringing to trial disorderly members, &c., we think it necessary to explain it. When a member of our society is to be tried for any offence, the ofjciating minister, or reacher, is to call together all the members, if the society be small, or a select number of it if it be large, to take knowledge, and give advice, and bear witness to the justice of the whole process; that improper and private expulsions may be prevented for the future." In 1792 the rule was amended, to remove all obscurity, so as to read: "Let the minister or preacher who has the charge of the circuit expel him." Rev. William Watters, the first American preacher who joined the itinerancy, also shows how the rule was understood in the days of the fathers. " But while he [the bishop] superintends the whole work," he remarks, "he cannot interfere with the particular charge of any of the preachers in their stations. To see that the preachers fill their places with propriety, and to understand the state of every station 96 CHUR:CH TRIALS. [Chlap. V, or circuit, that he may the better make the appointment of the preachers, is, no doubt, no small part of his duty; but he has nothing to do with receiving, censzring, or excluding members: this belongs wholly to the stationed preacher and members." —Afernoirs, p. 105. 2. A presiding elder may appoint a preacher from another circuit on his district to the charge, to preside at a Church trial, when the circumstances of the. case seem to demand it. In such cases the former preacher in charge becomes a junior preacher, until the close of the trial. But no preacher in charge can transfer his authority to another preacher on his own responsibility. 3. A junior preacher cannot preside at the trial of a member. If the senior preacher cannot attend, the presiding elder should put the junior preacher, or some other preacher, in charge during the trial. 4. "In all trials of members or preachers, whether by committee or before a conference, and in all appeals, it is improper for the presiding officer at the trial to deliver a charge to Sec. III.] COMPLAINT. 97 the committee or conference explaining the evidence and setting forth the merits of the case."-G-en. Conf. Jour., 1860, p. 363. SECTION III.-Co6mplat.. 1. When public rumour accuses a member of having committed a crime, prudential considerations would dictate that, the pastor, or a committee, be appointed to visit the person so accused, and examine the foundation of the reports, before any other action is taken. If the reports are evidently unfounded, the member is not mortified by the additional report that he has been arraigned before the Church. Such a committee is prepared also to rescue the character of a suffering brother, by a presentation of the facts which a diligent investigation elicited. Such a procedure also shows the care and jealousy with which the Church watches over the Christian reputation of her members. If the committee are painfully convinced that the reports are well founded, they are prepared to state such facts as are necessary for the forming of a correct and proper bill of charges. 2. The administrator of discipline mustl ordinarily reduce to suitable form the charges and 7 98 CHURCH TRIALS. [Chap. V, specifications from the rough story of the complainant. To give no attention to any complaints except such as are presented in due form, is to neglect the greatest number of those requiring the special investigation of the Church. 3. A bill of charges should not be drawn on the mere declaration of a complainant that he " has probable cause to suspect" a member of being guilty of crime; but even this, under some circumstances, might justify the raising of a committee to investigate the facts in the case. Nor is a report, made by one whose testimony would not be received in an ecclesiastical court, a sufficient basis to justify an arrest of character, unless there are collateral circumstances or facts to corroborate the statements of the accuser. 4. Any crime, committed at however remote a period, if it be within the time in which the accused has been a member of the Church, is indictable; but it cannot extend to any period beyond membership. Charges of immorality against preachers should not be restricted to the time in which they have been in the ministry, but may extend to any time within their Church membership. Sec. III.] COMPLAINT. 99 5. It does not destroy the actionable character of a complaint, that the predecessor of the administrator, though acquainted with the facts, took no legal notice of them. The indictable character of an act depends upon the fact whether it is a violation of the moral law and Church covenant, and not upon the administration of frail man. 6. Accessories to crime may be complained of before or after the fact; and the same proceedings should be had, in every respect, as if the accused were charged of being principal in the offence. 7. In drawing out a bill of charges the following order should be observed: c. A brief statement of the charge. b. The specification, or specifications, by which it is sustained. This order should be observed until every charge is presented, and the different specifications are arranged under their appropriate heads. For example: I. Charge-Theft. 1. Specification-" In taking, on the fourth of July," &c. 2. Specification —. 100 CHURCH TRIALS. [Chap. V, II. Charge —Falsehood. 1. Specification —" In saying," -&c. 2. Specification — 8. The object of the rule requiring the charge to be particularly set forth is threefold: first, to app'rize the accused of the precise nature of the charge made against him; secondly, to enable the court to determine whether the facts constitute an offence, and to render the proper award thereon; and, thirdly, that the judgment may be a bar to any future prosecution for the same offence. (3 Stark. Ev., 1527.) 9. Every charge should involve an offence which, if fully sustained, and without any mitigating circumstances, would be of a sufficiently aggravating character to demand a special Church penalty. 10. There should be a prefect correspondence between the charge and the specifications. Every specification, if fully sustained, ought to be of such a character as to sustain the charge; and it ought not to involve a higher offence than that which is charged in the bill. If the charge is immorality, no specifications should be given under Sec. III.] COMPLAINT. 101 it which involve only an imprudence; and if the charge is imprudent conduct, no specification should be given which involves an immorality. 11. Every charge should be expressed in as mild language as possible, and yet involve an actionable offence; and as few charges and specifications should be given as practicable, and yet secure the great object of Church action. 12. Two distinct crimes should not be set forth under one charge, unless they are of such a character that, when they are committed, they constitute but one legal offence-as assault and battery: the latter includes the former. And each specification should set forth one, and only one, averment of the offence specified in the charge. The specifications should be stated in the most explicit and perspicuous language, and all immaterial facts, not necessary ingredients of the offence, should be carefully avoided. All averments should be made positively that the accused did so and so, and not by way of recital or argument. 13. Every complaint, setting forth a crime, should specify the time and place in which 102 CHURCH TRIALS. [Chap. V, it was committed; but the charge of disseminating erroneous doctrine, or of being unacceptable, inefficient, or secular, does not, in most cases, admit of specific particularity. In these cases it is the serial character of the acts which, to a very great extent, constitutes the offence. 14. Any error in the name of the person, or in the circumstances described in the bill of charges, provided the general meaning is clearly expressed, and the error is of such a character as not to change the issue of the case, ought not to be deemed a bar to the proceedings. The ends of justice ought never to suffer from mere technicalities; but the charges and specifications must be so correctly drawn that the accused may fully understand, from the complaint itself, the true nature of the case, and what he must show to declare his innocence. 15. All complaints setting forth charges and specifications must be signed by some member of the Church. If the complaint is originally made by a person not a member of the Church, the.bill of charges must be signed by one over whom the Church exercises jurisdiction. It is Sec. III.] COMPLAINT. 103 not necessary that the person signing the bill of charges should be an accuser, in the sense of the Discipline. "An aggrieved person," says Bishop M'Kendree, "may be a comTlainant; but our Discipline does not recognise any one as an accuser unless he be a witness in the case against the accused." 16. It is not advisable that a presiding elder should sign a bill of charges against a preacher which must be investigated before himself; nor should a preacher in charge sign a bill of charges against one of his members, unless the members of the Church refuse to do it. In those cases where a preacher in charge feels it his duty to prefer a charge against a member of his flock, the presiding elder should, ordinarily, put some other preacher in charge to try the case. It is a principle universally regarded in civil proceedings that no judge shall be counsel, nor act as attorney, nor advise nor assist any party in any case which will come before him; and the principle is so manifestly founded in justice that it should not be disregarded in ecclesiastical proceedings. In those extreme cases where a member cannot be found who will sign a bill 104 CHURCH TRIALS. [Chap. V, of charges, there must exist such peculiarities and difficulties in the case as not only to require a strictly impartial presiding officer, but one who will have the reputation of being impartial. 17. Where several persons are accused of having been connected in the commission of any crime, the charges and specifications should be made out separately, and each person tried separately. 18. Every member accused of crime is entitled to a copy of the charges and specifications, for a time sufficiently long before the trial for him to prepare his defence. 19. If a copy of the charges and specifications, duly signed, is left at the usual residence of the accused, it should be deemed a sufficient citation, even if the accused has fled from the place, or his present residence is not known. SECTION IV. —Seect Committee. 1. The Discipline requires that an accused member shall be brought " before the society, Sec. IV.] SELECT COMMITTEE. 105 or a select number, who shall not be members of the quarterly conference, (and if the preacher judge necessary, the committee may be selected from any charge within the district.)" In either case it should be understood that only members in full connexion are intended. In 1789 the following explanation of the rule was published in tile Discipline: "' Call together all the members, if the society be small, or a select number, if it be large." 2. The preacher in charge must determine whether the accused should be brought before the whole society, or a select nunmber of them. If before a select number, the preacher must appoint them. And "in case of trial before a select committee the parties may challenge for cause. "-Gen. Conf. Jouzr., 1860, p. 303. 3. " In selecting a committee for the trial of a member," Bishop Hedding remarks, " a preacher ought to be very careful to obtain wise, pious, and candid men, who will do justice both to the accused person and to the Church. There should be a sufficient nnmber of them to form a respectable court: for the decision of so important a 106 CHIURCH TRIALS. [Chap. V, matter should not be left to two or three individuals." The committee should consist of men of such acknowledged virtue and integrity that their opinions will be respected, both by the Church and the world. Many persons of deep and ardent piety, unaccustomed to weigh evidence and balance testimony, and whose hearts are full of gushing sympathy for the erring, are not well qualified to discharge the duties of a select committee, where the honour and reputation of the Church are at stake. No less qualifications, certainly, should be deemed satisfactory in those who sit in solemn judgment on the moral and Christian reputation of one for whom Christ died, than is demanded of the juror at a civil tribunal. Such are required to be men of probity and intelligence, free from personal interest and party prejudice: much more should the Christian man be free from all undue bias while investigating the character of a professed member of the body of Christ. The peace and prosperity of the Church, and the salvation of the accused, stand so closely connected with the results of a Church trial, that justice and equity should be most impartially administered. Many causes, such as kindred, prejudice, &c., which Sec. IV.] SELECT COMMITTEE. 107 would not render one incompetent as a witness, are sufficient to disqualify him as a member of the select committee. The committee must not be- members of the quarterly conference; that, in case of ap-peal, a new tribunal may decide upon the merits of the case.-Gen. Conf. Jour., 1860, p. 393. 4. "The circumstances of the case," says Chief Justice Pennington, "the probable or improbable nature of the facts detailed, the character of the witness, the manner of his giving testimony, must all be taken into consideration, and ought, after being duly weighed, to carry conviction to the minds of the jury before they give it [the testimony] an effect by their verdict. Should a witness relate a fact which, from its improbable nature, or from the badness of the character of the witness, taken together with the circumstances in the case, on due consideration does not carry a belief of the fact home to the minds of the jury, but, on the other hand, they believe what the witness hath related is false,in that case what he has said is no evidence to them, and they are not bound to give any weight to it; but, on the contrary, if they act upon it, 108 CHURCH TRIALS. [Chap. V, or rather make up their verdict upon it, such conduct is a departure from their duty, and little short of a violation of their oath." The weight of testimonyis a question belonging to the select committee exclusively. 5. The committee have no right, in forming their opinion, to take into consideration any facts within their own cognizance, of which no evidence was presented in the trial. If any member of the committee knew any important fact, he should have stated it as a witness. 6. Making up judgment. a. The committee must first inquire whether the specifications have been sustained by evidence. b. Whether, the specifications being sustained, the charge is proved. All the specifications may be proved, and yet the charge be not sustained; but if the specifications are not sustained, the charge, of course, cannot be sustained. c. The whole question of guilt rests upon the decision of the committee. They are to decide, if it is a charge of immorality, whether the crime is one of the first or second degree. There Sec. IV.] SELECT COMMITTEE. 109 may be palliating circumstances which should be taken into the account, and which greatly modify the guilt, and hence should change the penalty. Bishop Iedding remarks: "Another question has arisen here. When the'select number' judges a member guilty of the act of which he is accused, who is to judge whether that act is a crime, in the sense of the rule-the select number, or the preacher? The select number: for the crime is included in the judgment of' guilty.' When the judgment of guilty is rendered, the rule says,'Let the minister expel him."' d. The judgment of the committee should never be given VERBALLY, but should be written, and signed by all of the committee who approve of the decision. A majority of the committee is competent to render a verdict in a Church trial. It is not expected of the committee that they will set forth, in their verdict, the grounds of their judgment; but there may be circumstances in which this may be necessary. The committee are allowed to have before them all the maps, charts, and written documents which were admitted during the trial. 110 OHURCH TRIALS. [Chap. V, 7. The question has frequently been asked, May the preacher remain with the select number while they are making up their judgment? In reply, Bishop I-edding remarks: "Certainly he ought, for he is pastor of the flock; and he would greatly neglect his duty were he to be absent, and consequently not know on what law or evidence the judgment is rendered." Mr. Wesley believed that the New Testament makes the pastor responsible to Christ for the purity of the flock, and hence he should judge as to the guilt or innocence of the accused member. Our fathers administered the Discipline on this principle up to the year 1800. It was then provided that the society, or select committee, should pronounce an opinion upon the guilt or innocence of the accused; and the action of the preacher was to be governed by this decision. The entire responsibility of the decision, we repeat, rests alone upon the committee. The preacher, under no circumstances, should attempt to balance the evidence, weigh probabilities, determine the credibility of witnesses, or draw inferences from the facts proved, and thus determine disputed questions of fact, even at the request of the parties. "No judicious administrator of the Discipline," says Sec. v.] THE TRIAL. 111 Bishop Morris, will let the committee, or any other person, know his opinion of the case, either before the trial or during its progress, till the committee have made their decision and signed their names to it." 8. When the words of a charge or specification are susceptible of two meanings, the select committee must determine in what sense they are used. 9. When an accused member is brought to trial before the society, all members in full connexion, whether males or females, are entitled to vote. It is usually preferable to bring an accused member before a select committee, rather than the whole society. The select committee may consist in part of females, where the circumstances seem to demand it. Usage, however, restricts the select committee to males. (Bishop Janes.) SECTION V.-Thle Trial. 1. It is the duty of the presiding officer to conduct the religious services of the occasion, to read the names of the select committee and 112 CHURCH TRIALS. [Chap. V, the counsel of the parties, to appoint a secretary to keep a correct record of the trial, to read the charges and specifications to the accused, to decide who are competent witnesses, and whether the documents offered are admissible, and to decide all questions of law which arise in the process of the trial. If the accused is expelled, and dissatisfied with the ruling of the presiding officer, he has the following remedy. On a question of law, either party may appeal to the decision of the president of the next annual conference. The accused may appeal to the ensuing quarterly conference, or he may charge the presiding officer with maladministration before the annual conference. 2. Mode of conducting a trial. a. The arraignment. (1.) Reading the charges and specifications to the accused. (2.) Demanding his reply to the charge. b. The accuser calls and examines his witnesses. Cross-examination by the accused. v. The accused puts in his evidence. Crossexamination by the accuser. d. Rebutting testimony by thezaccuser. Sec. V.] THE TRIAL. 113 e. Rebutting testimony by the accused; f. Closing arguments. (1.) By the accuser. (2.) By the accused. (3.) By the accuser. g. Verdict by the committee. /A. Announcement of acquittal or expulsion by the presiding officer. 3. If the accused voluntarily confesses that he is guilty of the charge, no further evidence will of course follow: the case is at once to be submitted to the committee..4. If the accused refuses to answer to the charge, or answers foreign to the purpose, it is deemed in law equivalent to answering not guilty, unless he is dumb ex visitatione Dei. 5. No member can be held to answer on a second indictment for any offence of which he has been acquitted by a committee, on the facts and merits, on a former trial. But if he is acquitted upon the ground of a variance between the indictment and the proof, or upon any exception to the form and substance of the indictment, he may be tried on a new process, and 8 114 CHURCH TRIALS. [Chap. V convicted for the same offence, notwithstanding such former acquittal. A plea of former.acquittal is valid only when the accused has been acquitted in due form by a tribunal competent to make a final disposition of the case. If a local or travelling preacher, therefore, should be acquitted by a committee called by the preacher in charge, or the presiding elder, such acquittal would serve as no bar to a subsequent arraignment, on the same charges and specifications, before the quarterly or annual conference: for these tribunals alone have original jurisdiction over local and travelling preachers, 6. "May a person who has not been formally received into full connexion in the Church, but has for a term of years enjoyed all the privileges of a member, and is supposed by the preacher in charge and society to be a member, plead the fact of his nonreception as a bar to proceedings in case of alleged immorality? "Answer. No."- Gen. Conf. Jour., 1860, p. 298. 7. When the accused has any special matter to plead in abatement, or bar to the pro Sec. V.] THE TRIAL. 115 ceedings, he should present it at the opening of the case. 8. Omissions and errors, when the true intent evidently appears, may be corrected; but no amendment can, during the progress of the trial, be admitted which in any degree changes the issue of the case. During the trial a new charge or specification cannot be admitted; yet a charge or specification may be withdrawn before a verdict is rendered. For example, when a charge is brought for slander, consisting of two counts, say of theft and perjury, the specification of perjury may be withdrawn, and all the testimony by which it was supported, and the verdict be rendered merely in reference to the specification of theft. 9. When charges are preferred against a member, the preacher in charge has no right to rule out of the bill of charges any specification which is legally actionable under our rules of discipline; but an annual or quarterly conference may retain or dismiss the whole or any part of the bill of charges as it may judge proper. 10. When an important witness is absent by 116 CHURCH TRIALS. [Chap. V, no fault of the party for which he is to testify, or when a party is surprised by evidence which he did not anticipate, the trial may be adjourned upon application of the party, at the discretion of the presiding officer, to some suitable time when all the important witnesses may be present. 11. Averments of immaterial facts, not necessary ingredients in the offence, and without which the complaint would be good, may be rejected, and need not be proved. 12. If an accused member evades a trial by absenting himself after sufficient notice has been given, and without requesting any one to appear in his behalf, it does not preclude the necessity of a formal trial. The preacher in charge should appoint competent counsel to conduct the defence, and all the evidence in the case should be presented in due form to the committee. If the committee decide that the circumstances of the accusation afford strong presumption of guilt, the accused is to be esteemed as guilty, and accordingly excluded by the preacher in charge; but in no case can expulsion take place until such a verdict is rendered. The committee, and not the Sec. V.] THE TRIAL. 117 preacher in charge, must decide when a member " evades a trial," in the sense of the Discipline. 13. The trial must be limited to the particular charge brought against the accused. If a different crime is proved from the one alleged against him, he cannot be held to answer to it, unless there is a new bill of charges, setting forth the particular offence complained of, and a trial de novo held, according to the form of Discipline. 14. There may be circumstances which would justify a preacher in refusing to entertain a bill of charges, even when signed by respectable members of the Church. In such cases the accusers may, if they deem it proper, complain of the preacher to his presiding elder, or to the conference, for neglect of duty; and the presiding elder may remove him from the charge, and the conference try him for neglect of ministerial duty. 15. After charges have been entertained, and the trial has proceeded until the complainant has produced his testimony, the case cannot then be dismissed without the consent of the complainant. (Bishop Waugh.) I18 CHURCH TRIALS. [Chap. V, 16. A person not a member of our Church should not be allowed to conduct the trial of a member; but if the accused desires assistance in conducting his defence, all necessary aid should be given him, and he should be allowed to make full defence by himself and counsel, and to make any proof by competent witnesses whom he may produce. The accused member may select his own counsel, provided that such counsel belong to the same society, and is not a party in the suit. 17. In no case should a preacher from another circuit or station appear as counsel for a member or local preacher. Nor can a preacher from another conference be admitted as counsel in the trial of a travelling preacher. 18. It is highly improper, -ordinarily, to conduct a trial in a public congregation. None should be present except the parties summoned; at least, unless they are members of the Church. 19. When testimony has been admitted and journalized, it cannot be taken from the record without the consent of both parties. 20. "In all trials of preachers, whether by committee or before a conference, and in all appeals, it is improper for the presiding elder or Sec. VI.] LAWS OF EVIDENCE. 119 chairman of the committee, or other party presiding at the trial, to deliver after the pleadings a charge to the committee explaining the evidence and setting forth the merits of the case.Bee. Gen. Conf., 1860, p. 160. SECTION VI. —General lcaws of Evidence. 1. Every administrator of Discipline should have a correct knowledgeq of the general laws of evidence, as established by the civil judi ciary: for though in ecclesiastical courts mere technicalities should never subvert the principles of equity, yet the general laws of evidence, established by the wisdom of ages, are as applicable in establishing matters of fact before an ecclesiastical tribunal as before a civil. Some of these principles are the following:2. First. The evidence must correspond with the allegations, and be confined to the point in issue. It is supposed that nothing will be expressed in the bill of charges which is immaterial; and hence every allegation set forth should be supported by direct testimony. If, however, the specifications are drawn out with unnecessary particularity, a judicious committee might tonsider as surplusage whatever is not necessary 120 CHURCH TRIALS. [Chap. V, to constitute the crime. Extraneous facts tend to draw away the minds of the committee from the point in issue, and operate unj ustly upon-the accused; for he cannot be supposed to have prepared himself to meet any point except the general one set forth in the bill of charges. 3. Secondly. It is sufficient if the substance of the issue be proved. The civil law makes a distinction between allegations of matter of substance and allegations of essential description. It is sufficient if the former be substantially proved; but the latter must be proved with literal precision. In ecclesiastical trials, where we have to deal with actions which are criminal in themselves, whatever may have been the circumstances in which they took place, the rule may be applied, with hardly an exception, that it is sufficient if the substance of the allegation be proved. " If, in an action for malicious prosecution, the plaintiff alleges that he was acquitted of the charge on a certain day, here the substance of the allegation is the acquittal; and it is sufficient if this fact be proved on any day, the time not being material." If the averment is divisible, and enough is proved to constitute an offence, it would be deemed sufficient, Sec. VI.] LAWS OF EVIDENCE. 121 both in a civil and in an ecclesiastical court, that one part merely was proved. Thus an indictment for stealing two notes of equal value would be sustained if the evidence only proved that one note was stolen. In a proceeding to protect public morals, nothing should be deemed essential but that which constitutes the act a crime. 4. Thirdly. The obligation of proving any fact lies upon the party who substantially asserts the affirmative of the issue. It is generally sufficient to oppose a direct denial to a direct allegation, until it is established by evidence, or by strong collateral circumstances. As the party in the affirmative is entitled to begin and to reply, he should bring forward all his evidence before any defence is made. The rule seems to have been based upon the fact that, in most cases, it is impossible to prove a negative as readily and explicitly as an affirmative. If a man has indulged in the use of ardent spirits to intoxication, that is usually susceptible of proof; but it might be exceedingly difficult for an innocent man to prove that he was not intoxicated on a given day. 5. Fourthly. The best evidence should be procured of which the nature of the case is 122 CHURCH TRIALS. [Chap. V, susceptible. This rule does not forbid the introduction of testimony of different degrees of strength, but it requires that strong evidence should not be withheld when it is known to be in the possession of the party. When such testimony is withheld, the design is evidently fraudulent. Oral testimony cannot be substituted for documentary, when such testimony can be procured. 6. Hearsay evidence. This term is applied both to written and to oral testimony, and relates to such as does not derive its value solely from the credit given to the witness himself, but rests also, in part, on the veracity of others. Hearsay evidence is universally held as incompetent to establish any specific fact which is susceptible of being proved by living witnesses. "If," says Justice Buller, "the first speech were without oath, another oath that there was such speech makes it no more than a bare speaking, and so of no value in a court of justice."-Bull. N. P., 294. 7. In the following cases hearsay testimony is received in civil courts: — a. In matters of public and general interest, Sec. VII.] WITNESSES. 123 where the health or happiness, reputation or prosperity of the whole community is involved. b. In matters of ancient possessions, where it is supposed that no original witnesses are now living. c. Declarations and entries made by persons since deceased, and against the interests of the persons making them at the time they were made. d. Dying declarations of sane persons. e. The testimony of deceased witnesses, given in a former action between the same parties. SECTION VII. W- itnesses. i. The Roman law required the evidence of two witnesses as the foundation of a decree. In our courts one witness, if his testimony is corroborated by strong collateral circumstances, is sufficient to establish facts. In ecclesiastical trials, while a single allegation, rebutted by a positive denial, should not be deemed sufficient to destroy the Christian character of one in whom the Church had reposed the fullest confidence, yet a single testimony, corroborated by strong collateral circumstances, may convince an intelligent committee of the moral certainty of the guilt of the accused. 2. Common law forbids that a party to the 124 caURCH TRIALS. [Chap. V, record in a civil suit should testify, either for himself or for a co-suitor in the cause; and the same principle holds equally good in all ecclesiastical examinations. If the complainant has no other interest in the case than is common to all the members of the Church, he should be allowed to testify. 3. Neither husband nor wife can testify in any civil or criminal cause in which one of them is a party. To secure domestic happiness, it is held that neither of them should be required to divulge any confidential communications obtained by the hallowed confidence of the marriage relation. No other relationship, except that of husband and wife, disqualifies a person from testifying for or against another. In ecclesiastical courts, however, the husband and wife should mutually be allowed to testify for each other, and the committee should give such weight to their testimony as they consider it is entitled to. 4. Persons deficient in understanding are in competent witnesses. When the deaf and dumb are produced in civil courts, it must be shown by tile party See. VII.] WITNESSES. 125 producing them that they are persons of sufficient understanding to give testimony. In regard to children, there is no precise age within which they are absolutely rejected. At the age of fourteen it is presumed that every person is competent, until the opposite is shown. Some have been admitted as early as five years of age to testify in civil courts. 5. Persons insensible to the obligations of an oath,-as atheists, and those made infamous by having been convicted of flagrant crimes, as felony, forgery, perjury, &c.,-are deemed incompetent to testify before a civil tribunal. Nor should they be listened to in an ecclesiastical investigation, unless their statements are corroborated by strong collateral circumstances, or they have been reformed in their morals. 6. Persons of reputed veracity are competent witnesses in a Church trial, without regard to their particular religious belief or Church relation. "Witnesses from without" the pale of the Church " shall not be rejected." 7. The presiding officer of a trial must deter 126 CHURCH TRIALS. [Chap. V, mine the competency of a witness; but the society, or select committee, must determine what weight, if any, should be given to the testimony. 8. Though we would not say that a pastor is not a competent witness against any of his flock, yet we would repeat, that if he is the principal witness, the presiding elder should put another preacher in charge to preside at the trial. In civil courts the same person cannot be both judge and witness. If another judge is present and presides, a judge may be sworn and testify; but not otherwise. And though a preacher in charge does not sustain the same relation -to an ecclesiastical court that a judge does to a civil, yet there are so many analogies between them that it is ordinarily inexpedient that the same person should be both presiding officer of the trial and a witness. SECTION VIII. —Examnation of Witnesses. 1. Witnesses are to be examined first by the party producing them, and afterward crossexamined by the opposite party. 2. The presiding officer may order that the Sec. VIII.] EXAMINATION. 127 witnesses be examined out of the hearing of each other, when he deems it essential to the discovery of truth. 3. Each witness should be called upon to relate what he knows of the case, and his testimony should be written, and to insure perfect accuracy in the records, read to him as taken by the secretary. Every question and answer should be written which either party -deems essential to the case. 4. Leading questions are not allowed in direct examination, but they are admissible in crossexamination. Leading questions are those which suggest to the witness the desired answer. Example: Was not the said A- - _B- in X2W- on the fourth of July last? Leading questions are permitted in direct examination where the witness appears to be hostile to the party producing him, and where an omission is evidently caused by want of recollection. 5. A -witness is not permitted to write down his testimony to read in court; but he is permitted to assist his memory by a written instrument or memorandum. It is not necessary that 128 CHURCH TRIALS. [Chap. V, this memorandum should have been made by the witness, or be admissible in itself as evidence. 6. Witnesses in general must depose to such facts only as are within their own knowledge. In some cases persons are required to state their opinions or belief. Examples: the testimony of medical men, whether death could be produced by certain causes; whether certain circumstances indicated a sane or insane state of mind; the testimony of skillful penmen, whether a given writing were the veritable chirography of a particular person. Professional books are not admissible in evidence. 7. A witness, while giving his testimony, may recall and correct his testimony; but it should be taken down just as it is given, with all its corrections: and it is for the committee to decide whether the latter statements are more worthy of belief than the former. 8. All exceptions to evidence ought to be made at the time when it is first taken. After the verdict it is too late to take an exception. 9. Witnesses in civil courts are not compelled to answer any questions which will degrade or expose them to penal liability; but as our ecclesiastical courts are not so legalized that the See. VIII.] EXAM I N A T I ON. 129 witness is compelled to answer any question, this subject need not be considered. The presiding officer must decide whether the question is a proper one. 10. If no counsel appear for the complainant, the presiding officer should put such questions as may be necessary to elicit the truth, guarding carefully against any bias toward either party. No question should be put to a witness the relevancy of which does not appear. 11. A witness in an ecclesiastical court ought not to be put on oath: it can accomplish no good. Such oaths are extrajudicial, and not legally binding. No oaths are held by the civil law to be obligatory except those given in some proceeding which the civil law recognises. To swear falsely before a court incompetent to administer an oath is not perjury. (2 Caines, 91.) 12. Evidence of good character is inadmissible when the general character for veracity has not been impeached, even if an attempt is made to prove facts inconsistent with the statements of the witness. 9 130 CHURCH TRIALS. [Chap. V, 13. A witness may be impeached in two ways. a. By disproving the facts stated by him by the testimony of other witnesses. b. Bjy general evidence affecting his credit for veracity. "In impeaching the character of a witness, in the second mode, it is not allowable to impeach his general rmoral character, but his general character for veracity, and that not by producing testimony of particular facts of bad moral conduct, but by producing testimony as to the general fact of his unreliability as a person of veracityl"-Gen. Conf. Jour., 1860, p. 428. The general character of a member of our Church for veracity cannot be impeached; but the facts stated by him may be disproved by the testimony of other witnesses. SECTION IX. —Deositions. 1. It is advisable, in all cases where it can be done, to produce all material witnesses at the trial. But as no ecclesiastical judicatory can compel the presence of any witness, it friequently becomes necessary to take depositions. 2. When a deposition is to be taken, a verbal or written notice must be served on the adverse Sec. IX.] DEPOSITIONS. 131 party, stating the hour and place of taking the same, and be delivered to the party in person, or left at his usual place of residence. A notice left at a post-office is not sufficient, if it was not received by the party. What time is a reasonable notice to the adverse party in taking depositions, is not fixed by the Discipline, but is a question of law which the presiding officer must decide; ordinarily a week, at least, should be allowed. 3. Form of notice: To A. B. Whereas C. D. has requested me to take the deposition of E. F., of G., to be used in the examination of the charges and specifications preferred against you by C. D., I do, therefore, appoint the second day of June, 18-, at one o'clock P. M., at the house of the said E. F., as the time and place for the said person to testify what he knows relative to matters contained in the said charges and specifications. And you are hereby notified, that you may then and there be present, and put such interrogatories as you may judge fit. Yours, &c., H. K., Pastor..L -, Jay 20, 18-. 4. Form of deposition: I, E. F., of G., testify and say that -—. 132 CHURCH TRIALS. [Chap. V, After the direct testimony of the deponent is written, the party taking the deposition is allowed, first, to examine him on all the points which he deems material; and then the adverse party may examine him in the same way. After which either party may propose such other interrogatories as the case may require. If the accused objects to the admission of the person to testify in the case, this should be written down, stating the nature of the objection. If any question is objected to by either party, as being leading, or irrelevant, or hearsay, or relating to matters of opinion, this should be noted under the question, and previous to the writing of the answer. Ordinarily, great latitude should be allowed to the questions, if desired by either party; nor is it advisable, usually,- at this stage of the proceedings, to decide on the validity of the objections, unless in very clear cases. After the deposition is written, it should bo read to the deponent, and signed by him. A note should be appended to every deposition, stating the reason of its being taken, and whether the adverse party was duly notified, and attended. Sec. IX.] DEPOSITIONS. 133 5. Depositions should be sealed up by the preacher, or the third party mutually agreed upon, taking them, and remain sealed until opened by the proper authorities. 6. Depositions should be rejected if it appear that the opposite party was not notified to attend at the time and place appointed for taking the deposition, or that a sufficient notice was not given, or that he was notified to attend at a time when he must necessarily be absent, or engaged in important business requiring his personal attention, and.that this was known to the party giving the notice. 7. When witnesses are present at the seat of the conferen.ce, but refuse to give evidence in open conference, the conference has a right to appoint a commission to take their testimony, the opposite party being notified to appear before such commission, and having the right to cross-examine the witnesses. In such cases the testimony is to be taken by a secretary appointed by the commission; and, when reported to the conference, it must be filed and carefully preserved by the secretary of that body. (Discipline.) 134 CHURCH TRIALS. [Chap. V, 8. When only a part of a deposition is desired to be used in a trial, the whole of it must be read. SECTION X. —Appeal. 1. The privilege of appeal is allowed both to preachers and members by the constitution of our Church, under certain limitations. The General Conference "shall not do away the privileges of our ministers and preachers of trial by a committee, and of an appeal: neither shall they do away the privileges of our members of trial before the society, or by a committee, and of an appeal." It is required, however, in order that the appeal may be entertained, that the condemned person signify his intention to appeal within a given time. 2. The court appealed to, and not the court appealed from, is to judge whether or not the party has a right to appeal. As the right of appeal is not treated in the Restrictive Rules as a conditional one to be regulated by express enactments, great license should be given to this right. No appeal should be rejected unless there are very manifest reasons for it. It has never been considered, however, that the Sec. x.] APPEAL. 135 appellate court can exercise no discretion in any case of appeal, —that it must entertain every appeal that is made to it. 3. If an accused person evades a trial by absenting himself after sufficient notice has been given him, and the committee judge that the circumstances of the accusation afford strong presumption of guilt, he may be esteemed as guilty, and be accordingly excluded. And a person who absents himself from trial can claim no right to an appeal. But mere absence from the place of trial does not show that the accused person evaded a trial, by absenting himself, in the sense of the Discipline. He should be allowed to show to the quarterly conference that his absence from the trial was not designed, and a fault on his part. If a majority of the quarterly conference are convinced that he did not designedly evade a trial, the appeal should be entertained. 4.; "When a member of an annual conference gives notice to the conference that he has withdrawn from the Church or conference, and at the same time there be charges ready to be preo sented against him, and he has knowledge of 136 CHURCH TRIALS. [Chap. V, such charges previous to his notice of withdrawal, and he has been marked upon the journal of the annual conference as withdrawn under charges, has such member the right to appeal to the General Conference from such record of the annual conference? "Anzswer. He has not." —Gen. Conf. Jour., 1860, p. 298. 5. No appeal of an excluded member can be entertained, unless it is brought before the next ensuing quarterly conference; or of a local preacher, unless he signify to the quarterly conference his determination to appeal to the next annual conference; or of a travelling preacher, unless he signify his intention to appeal to the ensuing General Conference, at the time of his condemnation, or at any subsequent time when he is informed of it. The General Conference of 1860 adopted the following decision: " When an expelled member has, by neglect or otherwise, forfeited his right of appeal, may a subsequent quarterly conference, if it desire to do so, grant him the privilege of an appeal? "Anyswer. No."-Gen. Coref. Jour., p. 298. sec. X.] APPE AL. 137 6. A quarterly conference cannot try an appeal when the testimony is not duly recorded. When accurate minutes have not been taken in the trial before the society, or a select number, "the case," says Bishop Hedding, "should bereferred back for a new trial, that those who did their work carelessly, at first, may have opportunity of doing it properly, and of being admonished to avoid such errors afterward." 7. In case a local preacher appeals to the annual conference, and it is found that the minutes of the trial were not signed by the president of the quarterly conference, and by a majority of the members of the conference who were present, the appeal cannot be entertained. When the Discipline has been illegally administered, the case should be remanded to the tribunal holding original jurisdiction over the member, for a new trial. (Bishop Soule.) 8. Mode of conducting appeals in the General Conference. 1. Present the appeal. 2. Determine what members of the committee on appeals, not less than two thirds of the 138 CHURCH TRIALS. [Chap. V, whole, shall hear and try the case, a majority of whom shall decide. 3. Read the findings of the case. 4. Motion to admit. 5. State the grounds of the appeal. 6. Read the minutes and documents. 7. Appellant's defence. 8. Reply of the delegates. 9. Appellant's reply to the delegates. 10. Decision after the appellant shall have retired. 9. The motion to admit the appeal is put to the court, that if the appellant is not entitled to an appeal the facts of the case may be presented. In the following cases appeals may not be entertained: a. When the accused absents himself from trial in a strictly disciplinary sense. (Disc., p. 99.) b. When he does not signify his intention to appeal within the specified time. (Disc., pp. 93, 96, 99. Gen. Conf. Jour., 1860, p. 298.) c. When no censure or reproof was administered as a penalty, and the conference passed the character of the appellant without censure, and simply declared that he erred in judgment See. X.] APPEAL. 139 in the administration of Discipline. (Gen. Conf. Jour., 1840, pp. 82, 83.) d. When the appellant declares himself withdrawn from the Church subsequent to the adjudication of his case and the avowal of his intention to appeal. (Gen. Conf. Jour., 1848, p. 38.) e. If a member of an annual conference gives notice to the conference that he has withdrawn from the Church or conference, and at the same time there are charges ready to be preferred against him, and he has knowledge of such charges previous to his notice of withdrawal, if the conference should enter upon its journal that he withdrew under charges, he could claim no right to appeal from such record to the General Conference. (Gen. Conf. Jour., 1860, pp. 223, 298.) f. When an expelled preacher does not submit to the decision of the conference, but continues to preach as if still in full possession of ministerial powers, and has connected himself with another Church or organization contemplating church ends independent of and hostile to the Methodist Episcopal Church, he is not entitled to an appeal. (Gen. Conf. Jour., 1860, p. 253.) 140 oHURCH TRIALS. [Chap. V, But in all cases where the right of appeal has not been lost by some violation of the provisions of the Discipline, the appeal must be entertained. 10. If an appeal is well taken, it does not place the case wholly within the jurisdiction of the appellate court to make such an award as it deems proper; but the appellate court must either affirm or reverse the decision of the court below, or remand the case for a new trial. (Bps. Janes and Baker.) 11. Decisions in an appellate court: "' In any ecclesiastical court of appeals, when the three questions, Shall the decision of the lower court be affirmed? Shall the case be remanded for a new trial? Shall the former decision be reversed have been successively put, and there is a tie vote on each, then in what condition does it leave the appellant? "Resolved, That it is the sense of this conference that when the motions to affirm, to remand, and to reverse have been successively put and lost, the decision of the court below stands as the final adjudication of the case." —Rec. Gen. Conf., 1860, p. 248. Sec. X.] APPEAL. 141 12. In no case of appeal can new evidence be admitted. Only the journalized and documentary testimony taken and presented at the first trial can be introduced. (IRec. Gen. Conf., 1848, p. 127.) If the appellant affirms that he has in his possession testimony which was not before the original court, and which, in his opinion, would exculpate him from one or more charges on which he was expelled, the case may be remanded for a new trial. (See Rec. Gen. Conf., 1840, p. 77.) 13. Relation of an expelled member whose case has been remanded by the appellate court: "When an appeal is taken by an expelled member to the quarterly conference, and the conference remand the case back for a new trial, what is the precise relation of the appellant? Is he an accused member, and must the preacher proceed to try him again, or is he restored to his membership in good standing? "'Answer. He is an accused member, and the preacher should proceed to try him again unlegs the charges are withdrawn." —Gen. Conf. Joour., 1860, p. 298. 142 CHURCH TRIALS. [Chap. V, 14. After a member has been tried, expelled, and taken an appeal, and the quarterly conference has affirmed the decision of the court below, a succeeding quarterly conference is not competent to reopen the case for adjudication, by granting another trial to the expelled member. The decision of the appellate court is final. (Bishop HIedding.) 15. When the appellate court reverses the decision of the court below, the appellant is reinstated in his former membership, without any action of the court from which he took an appeal. 16. If an excluded steward, exhorter, or class-leader is restored to membership by the quarterly conference, such action does not restore him to his previous official relation. He is brought to trial as if he had sustained no official relation; and a quarterly conference can restore no office which it is not originally empowered to give. 17. When a decision on a point of law is made by a presiding elder in a quarterly conference, and action follows which affects Sec. X.] APPEAL. 143 the membership of a member of that conference, such action is final, provided that no appeal is taken to the president of the next annual conference. (Bishop iHamline.) 18. No accused lay member can take an appeal until he is excluded from the Church. But when he is once expelled, the act of expulsion stands until the decision is reversed, on appeal, by the quarterly conference. The person thus expelled, though he takes an appeal, cannot enjoy any privileges of society until the decision of the appellate court. And if the quarterly report be read before,the appeal is tried, and the decision reversed, the preacher in charge is bound to read him out among those excluded from the Church according to Discipline. If the decision is reversed by the quarterly conference, the preacher in charge should announce before the society that the person is restored to membership by the act of the quarterly conference. (Bishop Morris.) 19. When an appeal is taken from the decision of an ecclesiastical court, that fact should be entered upon the records of the 144 CHURCH TRIALS. [Chap. V, trial; and the presiding officer is bound to present such records, and all the documents relating to the case, to the appellate court. When a travelling preacher, however, has been tried and taken an appeal, it is the duty of the secretary of the annual conference to preserve the minutes of the trial, and all the documents relating to it, and transmit them, at the proper time, to the General Conference. 20. When an appellant does not appear personally, or by a representative, to prosecute his appeal, it goes by default. (Bishop Ames.) 21. If in the examination of an appeal the presiding elder discover that the trial below was informally conducted, he has no authority to throw out the case, prevent the decision of the conference, and declare the person not expelled. The appeal is not to the presiding elder, but to the quarterly conference. SECTION XI.-New Trial. 1. It is n6t in accordance with our usages for a presiding officer to -order, under any Sec. XI.] NEW TRIAL. 145 circumstances, a new trial; but an appellate court may remand an appeal case for a new trial. 2. If the preacher in charge differs in judgment from the majority of the society, or the select number, concerning the guilt of an accused member, the trial may be referred, by the preacher in charge, to the ensuing quarterly conference. But this reference of the trial does not place the case before the quarterly conference for adjudication; it is simply a petition for a new trial, and the quarterly conference may grant or reject it according to their best judgment. (Rec. Gen. Con., 1848, p. 12T.) 3. When the case is remanded for a new trial, it should proceed as if no trial had previously been held. There must be a new presentation of charges and specifications, a new notifying of the party, hearing of witnesses, and rendering of verdict. Any of the original charges and specifications may be withdrawn, and new charges and specifications may be added. New evidence may be produced, and such documentary testimony as has been taken according to Discipline, and admitted in the first trial, may be introduced in the new trial. (Rec. Gen. Con., 1848, p. 129.) It would be a flagrant proceeding for the 10. t46 CHIURCH TRIALS. [Chap. V, adjudicating body, when a case is remanded for a new trial, to reexpel a member on a verdict of guilt, rendered at a previous trial, without a new hearing of testimony. (Bishop Hedding.) 4. In the following cases it would be highly proper for the appellate court to grant a new trial. a. When the minutes of the trial are so imperfect that the true merits of the case cannot be learned from them. b. In case of maladministration, or incorrect ruling of the presiding officer. c. When there have been any improprieties in the select committee, such as determining their verdict by casting lots, or by basing it upon documents which were sent to them, but were not read in the trial. d. When new and material evidence has been discovered. A new trial should not be granted for mere cumulative evidence. SECTION XII. —Trial of Local Preachers. 1. A local preacher, deacon, or elder, should be held amenable to the quarterly conference for the faithful performance of the functions of his office; and in case of manifest neglect of Sec. XII.] LOCAL PREACHERS. 147 duty, should be treated the same as in cases of improper tempers, words, and actions. The person thus offending should be reprehended by his senior in office; and should he fail to reform, one, two, or three faithful friends should be taken as witnesses. If he still persists in his neglect of duty, the quarterly conference may proceed to try him, and deprive him of his ministerial office. 2. When a local elder, deacon, or preacher is reported to be guilty of some crime expressly forbidden in the word of God, it is made the duty of the preacher in charge to call him before a committee of local preachers, by whom he shall be acquitted, or, if found guilty, suspended until the next quarterly conference. "It requires the preacher in charge," says Bishop Morris, "to proceed on mere report, whether there be any formal charges or not; to call a committee, which is of the nature of a court of inquiry, to ascertain whether or not there be cause of trial; and if so, it must go to the quarterly conference, the only tribunal that has authority to try the case. And in all practicable cases the preacher in charge should inquire into complaints against local preachers, 148 CHURCH TRIALS. [Chap. V, by a committee, before they come into quarterly conference, or be held responsible for this neglect of duty. But if he neglect it, or fail to obtain a committee, or fail for' want of time, that neglect oir failure does not deprive the quarterly conference of its legal authority to try a local preacher on charges of immorality." 3. Bishop IHedding remarks: "Great care should be taken to appoint a wise, prudent, and impartial committee, consisting, if practicable, of more than three. All suitable means should be employed to have a thorough and fair investigation. And as the final trial of a local preacher is by a body of men most of whom are usually laymen, it is desirable that this committee should be composed of as many as seven or nine." 4. The committee of local preachers may be called from any circuit or district in the conference. The rule of 1796 required that the local preachers in the neighbourhood should be called to constitute this committee. In 1820 they were required to belong to the circuit or district. In 1836 all restrictions in this respect were taken away. Sec. XII.] LOCAL PREACHERS. 149 5. The mode of conducting an investigating committee, in the case of an accused local preacher, is similar to that of the trial of a member, before described, page 105. The preacher in charge must preside, and cause exact minutes of the charges, specifications, testimony, and examination to be taken; and if the accused is found guilty, these, together with the decision of the committee, must be laid by him before the quarterly conference. 6. The acquittal or suspension of a local preacher, in the primary examination, is by the committee, and not by the preacher in charge. 7. The examination before a committee is not a trial proper on the merits of the case; and hence, if a local preacher is acquitted by the committee, charges and specifications, founded upon the same reports, may be preferred against him at the quarterly conference, and he be expelled, if they judge him guilty of crime. 8. The mode of conducting the trial of a local preacher is the same as that above described. The president must appoint a secretary to take regular minutes of the evidence of the trial; 150 CHURCH TRIALS. [Chap. V, "which minutes, when read and approved, shall be signed by the president, and also by the members of the conference who are present, or by a majority of them." 9. The quarterly conference holds original jurisdiction over local preachers, and hence its decision will not be governed by the primary investigation. Testimony may, in first examinations, have been rejected which the president of the quarterly conference judges to be admissible; and testimony may have been admitted which should be rejected. Any additional testimony which either party may have obtained may be presented. 10. If the accused refuse or neglect to appear, either before the investigating committee or the quarterly conference, he may be tried in his absence. 11. The quarterly conference alone awards punishment in the trial of local preachers. Suspension by the investigating committee is not a penalty judicially awarded, but a public arrest of character until the case can be examined before the proper tribunal. The president Sec. XII.] LOCAL PREACHERS. 151 cannot expel a local preacher; he merely announces the decision of the quarterly conference. 12. If a local preacher has been expelled, and has taken an appeal to the annual conference, a subsequent quarterly conference cannot reconsider their action, and restore the local preacher. If a subsequent quarterly conference could reconsider the act of a former session, and restore one whom they had expelled, for the same reason they might reconsider and condemn a man whom they had previously acquitted. And if they could reconsider the act of the last quarterly conference, they might reconsider an act passed years before. (Bishop iedding.) 13. When a local preacher has been brought to trial before a quarterly conference, and the evidence has been taken, and the pleadings closed, it is not lawful for the conference to adjourn, and leave the decision of:the case to the next quarterly conference. 14. A quarterly conference has no authority to alter the language of any charge or 152 CHURCH TRIALS. [Chap. V, specification without the consent of the parties. 15. When the property of a local preacher has accumulated so rapidly as to cause some to suspect that he is not acquiring it honestly, the quarterly conference, of which he is a member, has no authority to demand of him a statement of the amount of his property, and of the manner in which it has been acquired. If he is suspected of dishonesty, he may be arraigned; but the,accuser must produce testimony to sustain the charge. No man can be compelled to wit nessagainst himself. (Ref. Bishop Soule.)' 16. When the matters involved in a bill of charges, presented against a member, local or travelling preacher, in whole or any material part, are pending before a civil- or criminal court, it is frequently advisable to lay the case over until the trial is decided by the legal tribunal. Equity seems to demand it. If in this case the local preacher has been suspended by a committee, and the case is brought before the ensuing quarterly conference for trial,-if the conference believe that the charges cannot be fully investigated until after the suits, See. Xa.] LOCAL PREAOHERS. 153 pending before the civil tribunals are terminated, -it is competent to adjourn the case until after such trial. The results, however, of a criminal prosecution ought not to exert any influence on the results of the ecclesiastical investigation. Equity and the honour of the Church might demand the conviction and expulsion of the person whom the civil law had cleared. 11. The fact that a member of a quarterly conference has been employed as counsel in a civil suit against a local preacher does not disqualify him from acting and voting as a member of the quarterly conference, in the trial of the local preacher on charges involving the material facts pending in the civil court. Every member of a quarterly conference, except while he himself is being tried, may exercise every right, and perform every act appertaining to his office, as a member of the quarterly conference, if it has no respect to his own personal interests. 18. When charges are preferred against a preacher on trial, the presiding elder has a right to decide under which question of section 3, chapter ix, part i, of the Discipline the case shall be tried. 154 CHURCH TRIALS. [Chap. V, SECTION XII. —Trial of Travelling Preachers. 1. The nature of the investigation of an accused travelling preacher, by a committee, in the interval of an annual conference, is the same as that of a local preacher, above described. It is strictly preliminary in its character. The committee can merely suspend from ministerial services and Church privileges until the ensuing annual conference. 2. Bishop M'Kendree remarks: "The great object of committees is to attend to complaints, or charges, in the intervals of conferences, and thereby secure the character of innocent brethren, wrongfully accused, from reproach and injury; or by suspending [such as are adjudged guilty] until the ensuing conference. The sIspending power is clearly restricted to such crimes as are expressly forbidden in the word of God. And it may be further remarked, that neither the organization of a committee, nor any of their acts, can abridge the powers of a conference, when they afterward come to sit on the same case. And should a case occur at or during Sec. XIII.] TRAVELLING PREAOIHERS. 155 the sitting of a conference, or, although known of, be neglected; or if it should be of such recent date as not to afford time to call a committee, and should then be brought before the conference, there is nothing in the Discipline, or reason, to prevent the conference from hearing and deciding thereon, without the intervention of a committee; and especially if the person accused desire it. But as the conference has the entire control of all cases in which its own members are concerned, subject to the order of Discipline, they may, or they may not, appoint a committee, as they may judge proper." The Restrictive Rules provide that ministers or preachers shall have the privilege "of trial by a committee." This implies that preachers shall not be suspended in the interval of confer. ence, as they formerly were, without the investigation and action of a committee; but it'was not intended to abridge the powers of an annual conference,-it has original jurisdiction over its members. 3. If the charge be preferred at the conference, the case may be referred to a committee, 156 CHURCH TRIALS. [Chap. V,. in the presence of a presiding elder, or a memnber, appointed by the bishop in his stead. In the latter case, the person so appointed possesses all the powers of a presiding elder in an investigating committee. 4. An annual conference has a right, when charges are preferredagainst one of its number, and the case cannot be tried during its session, for want of testimony, to refer it to the presiding elder who may have charge of him, under the rule for the trial of immoral ministers, in the interval of an annual conference. When cases are thus referred, the committee possess no more authority than when they are called, in the interval of conference, by the presiding elder. They can only suspend; and the ensuing annual conference must determine the case. If a specific charge only is referred, the committee must restrict their examination to that particular point; but if the case of a preacher is referred, the committee may examine any charge which may be preferred against him. 5. The acquittal of an accused travelling preacher by the investigating committee, as in the case of a local preacher, does not prevent Sec. XIII.] TRAVELLING PREACHERS. 157 the same charges being preferred, and a trial held before the annual conference, to which he is originally amenable. 6. If the preacher is found guilty by the committee, he must be suspended by them, and not by the presiding elder. The penitence of the convicted cannot prevent suspensioii. 7. If a committee is appointed to investigate the case of an accused preacher, and report to the next conference, if the conference is divided, and the committee fall into different conferences, their powers remain the same until their report is heard and accepted. 8. When a presiding elder is called to preside at the investigation of an accused presiding elder, he possesses the same powers as when investigating the case of an accused travelling preacher on his district. He may appoint the committee,. and the time and place of holding the investigation. The committee should be called from the district of the accused presiding elder, unless special reasons exist why it should not be done. 158 CHURCH TRIALS. [Chap. V, 9. A presiding elder may appoint the place for the investigation of the case of an accused travelling preacher beyond the limits of his district, when, in his judgment, the circumstances demand it. 10. A presiding elder cannot call a travelling preacher before an investigating committee, except (1) when he " is under report of being guilty of some crime expressly forbidden in the word of God as an unchristian practice, sufficient to exclude a person from the kingdom of grace and glory;" or (2) when he "holds and disseminates doctrines which are contrary to our Articles of Religion," and will not " solemnly engage not to disseminate such erroneous doctrines, in public or in private;" or (3) when he ceases to travel without the consent of the annual confirence. If charges are preferred against a travelling preacher in the interval of conference, both for improper and for immoral conduct in the same bill, the charge of improper conduct must be dismissed by the presiding elder. A preacher cannot be tried for improper tempers, words, or actions, except at the annual conference. Complaints of maladministration must go primarily before the annual conference. (Rec. Gen. Conf., 1860, p. 301.) The Sec. XIII.] TRAVELLING PREAOHERS. 159 presiding elder can only remove such from the charge as do not administer discipline correctly. 11. The form of trial, in the case of a local or travelling preacher, is the same as that of a member, (see page 105,) except in the mode of rendering the verdict. The quarterly and annual conferences vote first upon the question whether the several specifications, in order, under each charge, are sustained, and then upon the charge, without bringing in a written verdict. 12. If an accused travelling preacher does not appear, either before the committee or the annual conference, the same formality should be observed in his trial as if he were present. Competent counsel should be appointed to conduct his case, and accurate minutes should be kept. 13. When a preacher has been tried in an annual conference, and suspended for one year, the conference cannot at the expiration of that time expel him for the same offence, or continue the suspension for another period. When a member has suffered the punishment which was 160 CHURCH TRIALS. [Chap. V, adjudged by the conference, at the time of his trial, he is deemed clear by the law. (Bishop Hedding.) 14. A preacher under suspension by a committee, called by a presidinrg elder, has no right to vote on any question, at the ensuing annual conference, previously to the examination of his case. His suspension, being in accordance with the provisions of the Discipline, continues until it is removed by the conference. 15. When a travelling preacher is accused of being so unacceptable, inefficient, or secular, as to bIe no longer useful in his work, there must be the same formality of trial,-specifications, witnesses, record of testimony. &c.,-as in the case of immorality. A charge of unacceptability can be tried at an annual conference in the absence of the accused preacher, even when no previous notice has been given. It is a specific rule of discipline that every travelling preacher shall undergo an annual examination of character; and it is expected that every member will be present at the session of the conference. In case of location without consent, as well as expulsion, the aggrieved party is allowed an appeal to See. XIV.] CtHURCH OFFENCES. 161 the General Conference. But it cannot be too strongly urged, that in all cases where the character of a brother is to be arrested, or his relation changed in the ministry, due notice should be previously given, and efforts made to remove the embarrassments. 16. The secretary of an annual conference must carefully take all the testimony given in the annual conference; documentary testimony need not be spread upon the journals of the conference, but must be properly filed and preserved. In case of trial, a copy of the charges, specifications, and the final action of the conference, should be entered on the principal Conference Journal, and such references made to all the testimony and documents used in the trial, that they may be readily found and clearly identified. SECTION XIV.- Chitrch OJences. 1. In every Church trial it should be definitely stated under what rule of discipline the case is to be tried. 2. All actionable offences may be brought under one of the following rules: 11 162 CHURCH TRIALS. [Chap. V, a. A crime expressly forbidden by the word of God, sufficient to exclude a person from the kingdom of grace and glory. b. Neglect of duties; imprudent conduct; indulging sinful words, tempers, or actions; the buying, selling, or using of intoxicating liquors as a beverage, or disobedience to the order and discipline of the Church. c. Endeavouring to sow dissensions in our societies by inveighing against either our doctrines or discipline. d. Behaving dishonestly in business transactions, or contracting debts without a probability of paying them. e. Refusing to abide by the judgment of a second arbitration; refusing to refer to arbitration disputed pecuniary questions, when recommended by the preacher in charge; entering into law-suits with another member, against the provisions of the Discipline; refusing to make payment of debt according to decision of committee. 3. If the offence belong to the first class, no Church labour is necessary before the presentation of the charge: in all other cases specific preliminary steps must be taken. See. XIV.] CHURacH OFFENCES. 163 4. If a preacher holds and disseminates doctrines contrary to our Articles of Religion, and persists therein, he may be suspended by a committee, and tried at the annual conference. If his error, however, is a mere matter of opinion, not embraced in our Articles of Religion, he may be borne with in the interval of conference, and his case brought before the annual conference. The twenty-five Articles of Religion do not embrace all that is included in "our present existing and established standards of -doctrine." Many of the characteristic doctrines of our Church are not even referred to directly in those articles. Many of our leading articles of religion are expressed in a negative form, and have special reference to the errors of the Papal Church. Bishop Burnet remarks, that since "the Church of Rome owns all that is positive in our doctrine, there could be no discrimination made but by condemning the most important additions which they have brought into the Christian religion in express words." The Discipline does not expressly state what are our " established standards of doctrine;" but usage and general consent would probably designate Mr. Wesley's Sermons, and his Notes on the 164: cHURCH TRIALS. [Chap. V, New Testament, and Watson's Theological Institutes. 5. The rule respecting members of our Church inveighing against our doctrines and discipline is not to be understood in the sense that they must be brought before a committee, and found guilty of this offence, before they can even be reproved by the senior minister of the circuit. The reproof is to be given, not as a judicial act by the adjudicating body, but simply as the act of the pastor, in the faithful discharge of the duties of the pastorate, and to be performed by him when he is clearly convinced that the accused has really endeavoured to sow dissensions in the Church. If the member'"persists in such pernicious practices" after reproof is thus administered, he should be brought to trial on a complaint setting forth the nature of his offence. 6. A distinction is to be made between the character of the act which removes a member from the Church who has committed a crime, and that which removes one who habitually and wilfully neglects to meet his class. The one, after a due process, is to be expelled; the other is to be laid aside. When a member is laid Sec. XIV.] CHURCH OFFENCE S. 165 aside for a wilful neglect of class-meeting, the preacher must " show that he is excluded for a breach of our rules and not for immoral conduct." "Excommunication," says Mr. Punchard, " differs from the act of withdrawing fellowship in this: excommunication implies a forfeiture of CAhristian standing; withdrawing of fellowship implies a forfeiture of Church standing only." 7. When a charge of slander is preferred by one member against another, it is lawful for the accused to prove the truth of his statements as a ground of justification. 8. But when a member is accused of uttering sinful words in reference to a member, it is not lawful to attempt to prove their truthfulness. 9. No charges for slander can be received except from the person alleged to be slandered, or from his representative; but charges involving defamation of character received fiom other persons must be for evil-speaking, and the truth of such declarations cannot be given in evidence, as it would involve an absent person. 166 CHURCvH TRIALS. [Chap. V, SECTION XV.-Penalty. 1. Church penalty is designed to operate as a motive upon the members to observe correct moral conduct, and to declare the purity of the Church by her efforts to maintain correct principles. To secure these objects it is not so necessary that the punishment should be severe as that it should be certain. It is impossible to graduate the punishment according to the true demerit of the offence, and hence as mild measures should be pursued as possible, and yet show that the Church does not connive at sin, and seek to conceal corruption rather than to purge it away. 2. The following awards should be given, according to different circumstances:a. A declaration of the guilt of the accused, while forgiveness is extended to the penitent. b. Censure, or reproof. c. Suspension. d. Expulsion. 3. Forgiveness. The Church is competent to forgive an offender, when the ends of moral discipline can be promoted by it. Bishop Sec. XV.] PENALTY. 167 lHedding remarks: " It is asked, Must he expel in all cases? Is there no room for pardon? For scandalous crimes expulsion should undoubtedly take place; but for crimes of a moderate degree, and when the'offender is suitably humble and penitent, forgiveness and forbearance should be exercised, and a repentant brother may be retained in the Church.'Brethren, if any man be overtaken in a -fault, ye which are spiritual restore such a one in the spirit of meekness.' Gal. vi, 1. That the rule is to be so understood is evident from a clause in the General Rules, thirty-sixth page:'If there be any among us who observe them not, who habitually break any of them, let it be known unto them who watch over that soul as they who must give an account. We will bear with him for a season, but if then he repent not, he hath no more place among us; we have delivered our souls.' "Dis. on Discplint.e, pp. 66, 67. "In exercising mercy, in this case, the preacher will need great prudence to avoid doing it in a way to grieve and afflict the members, or cast a stumblingblock before the world. On this question he should take counsel with the select number, or the leaders' meeting, or in some cases with the society in the place, that it may be understood 168 CHURCH TRIALS. [Chap. V, that the offender is restored by general consent."-Dis. onl Discvpline, pp. 68, 69. Bishop M'Kendree remarks: "When a person is clearly convicted of such a crime or crimes, (such as are expressly forbidden in the word of God,) nothing short of expulsion will satisfy the rule, unless there be such a manifestation of genuine repentance and humiliation as will fully justify the restoration of the offending person: in such a case the connexion between crime and its punishment is dissolved. Such cases may possibly occur, and when they do, much care and prudence are necessary to guard the Church from reproach and injury, and at the same time to save the offender." 4. That the Discipline contemplates that censure and suspension may be inflicted as a Church penalty upon disorderly members, as well as upon convicted local and travelling preachers, is evident from various considerations. The heading of the section respecting disorderly members has been, since its first introduction into the Discipline in 1789, "Of bringing to trial, finding guilty, reproving, sus pending, or excluding disorderly persons," &c. The section relating to the "'sale and use of spirituous Sec. XV.] PENALTY. 169 liquors," which formed a part of the Discipline from 1796 to 1840, provided that an accused person should "be cleared, censured, suspended, or excluded, according to his conduct, as on other charges of immorality." 5. No member can be suspended for a particular offence without a regular trial according to Discipline; and no preacher can be suspended by an annual conference beyond the period of one year. 6. When a bill of charges is correctly drawn, the penalty must be based upon the charges which are sustained against the accused. No member can be punished for any higher offence than is charged against him in the bill; but punishment may be awarded foi any lower offence, of which he' is convicted, in the specifications which are sustained against him. 7. " It has been asked," remarks Bishop Uedding, " Has a preacher a right to keep members of the Church, who have not been tried or censured, out of love-feast, or to repel them from the Lord's supper, for any little irregularity in 170 CHURCH TRIALS. [Chap. V, dress, or otherwise, which he may perceive in them at any time? No; in ordinary cases he has no such right: he may not punish members except as the law directs. Yet there may be extraordinary cases which might admit of this measure, from his authority as a minister, without any direct rule. For example: a member is known to have committed a scandalous crime, and there has not been time to call him to trial in the regular way. He comes to love-feast, or to the holy sacrament; in, these circumstances the minister may repel him." —Dis. on.Discipline, p. 72. 8. When a preacher is judged guilty of maladministration by an annual conference, censure and reproof are the highest penalty which they can inflict. 9. When a member or preacher has been expelled, according to due form of Discipline, he cannot afterward enjoy the privileges of society andef sacraments, in our Church, without contrition, confession, and satisfactory reformation; but if, however, the society become convinced of the innocence of an expelled lay member, he may again be received on trial without confession. Sec. XV.] PENALTY. 171 No expelled member can be received again into full membership without a subsequent probation. 10. When an annual conference decides that a preacher having charge has expelled a member contrary to the provisions of the Discipline, such decision restores the person so expelled to Church-membership. The conference must decide within what time the alleged maladministration must have taken place, to bring it properly before'them. (Rec. Gen. Con. 1852, p. 73.) 11. If the society or select number render a verdict of guilty, it is not optional with the preacher whether he will expel him: as an administrator of the Discipline, he must pronounce the penalty of the law. The Discipline says, "Let the minister or preacher who has the charge of the circuit expel him." An exception, however, should be made in those cases where, in view of peculiar palliating circumstances, or the deep penitence of the accused, the committee or society recommend that he be still further borne with. 12. The practice of requiring a pblic personal confession before the Church, or threatening 172 CHURCH TRIALS. [Chap. V~ expulsion if it is not made, is of doubtful expediency. If the accused is really penitent, this can be ascertained in some other mode. The Church, when not under the peculiar sympathy which the presence of the offender might produce, are better prepared to decide whether the concessions and acknowledgments of the accused are sufficient to secure the honour of the Church if expulsion is not inflicted. Many persons, especially under the mortification of the alleged offence, are wholly incapable of making an appropriate statement to the Church in person. 13. It is made the duty of the "official minister or preacher," at every quarterly meeting, to read the names of those who have been excluded from the Church during the preceding quarter; but the Discipline does not contemplate that their crimes —the grounds of Church action-shall be publicly announced, nor that any unusual publicity should be given to the fact of expulsion. When any member is laid aside for a breach of our rules merely, and: not for immoral or improper conduct, this fact must be definitely stated in connexion with the report of expulsion. When persons are thus read out of the society bythe "oflicial minister," in thehearing Sec. XVI.] ARBITRATION. 173 of those who have an interest in the communication, and a right to know the action of the Church, it is not legal defamation of character, norprimafacie evidence of malice. 14. When a member is found guilty of imprudent conduct, and required to make confession, -and refuses to comply, the preacher cannot expel him without a further trial before a committee, showing that he does not comply. SECTION XVI. —A rbbiCration. 1. In 1781 it was made the duty of the assistant, at the quarterly meeting, to consult with the steward in appointing proper persons to examine into the circumstances where there was a dispute respecting pecuniary matters; and if there was suspicion of injustice, or inability, in the referees, to appoint men of more skill and probity: and the parties were then required to abide by their decision, or be excluded from the society. In 1784 the Discipline required the assistant to consult with the stewards and leaders, and appoint referees, whose decision was final; and the party refusing to abide by it was to be 174 CHURCH TRIALS. [Chap. V, expelled, unless there appeared to the assistant some fraud or gross mistake in the decision; in which case he was to appoint new referees for a rehearing of the case, and the decision of this tribunal was to be absolutely final. In 1789 the referees were appointed by the parties, according to our present mode. 2. Under our present rule, the authority of the preacher is greatly diminished; yet he has discretionary power to decide. a. Whether the circumstances require any action. The rule does not oblige him to recom mend arbitration, unless he judges that the case is such as strictly to demand such investigation. b. If proceedings should be commenced, under what rule of discipline the action should be brought,-whether it is an immorality, an indiscretion, or a dispute respecting the payment of debts, &c. (Bishop Morris.) 3. The phrase, "payment of debts or otheroise," is to be restricted entirely to pecuniary matters. But it embraces them in all their forms, whether relating to real or personal estate, debts, demands, accounts, or contracts. See XVI.] ARBITRATION. 175 4. The arbiters to whom the case is referred. must be members of the Methodist Episcopal Church; but the arbitration does not assume the form of a trial, and it is not necessary that the arbiters should belong to the society with which either of the parties is connected. 5.'The preacher in charge should preside at the arbitration, when both of the parties belong to the same society. If they belong to different societies, Christian and ministerial etiquette would seem to require that the senior preacher should preside. 6. Order of conducting an arbitration. a. Religious services. b. Appointment of secretary by the referees. c. The complainant makes his statement, in troducing such testimony as he deems proper. d. The defendant makes his answer, and introduces his testimony. e. Rebutting testimony by the complainant. f. Rebutting testimony by the defendant. g. Closing arguments,(1.) By the complainant. (2.) By the defendant. h. The parties should then retire, and the 176 CHURCH TRIALS. [Chap. V, decision should be written and signed by the referees. 7. When the parties reside on different circuits, if one party is dissatisfied with the decision of the arbiters, and desires a second arbitration, he must apply to the quarterly conference where the other party resides; for it only can compel such party to arbitrate. 8. The rule does not require our members to arbitrate when the other party is not a member of our Church. 9. When a dispute respecting pecuniary mat — ters arises between a member of our Church and a firm or corporation, to which one or more members of our Church belongs, the rule respecting arbitration does not apply; for the corporation, as such, is not under the control of the Church. For any unjustifiable business transaction, performed by the member, or by the firm, which the member could have controlled, he should be held strictly accountable. 10. When a request is made to the quarterly conference for a second arbitration, the presiding Sec. XVI.] ARBITRATION. 177 elder has no authority to rule out the application, but should allow it to go to the quarterly conference. (Bishop Morris.) 11. A member refusing to arbitrate when recommended to do so by the preacher in charge, renders himself liable to expulsion from the Church; but in this, as in all other cases, he cannot be expelled until the society or select number, in due form, declare that he refuses to arbitrate, or has violated some express rule of Church covenant. 12. If, after a second arbitration, a party refuses to abide by their decision, he may be brought to trial by regular charge and specification, and expelled from the Church. 13. If a preacher or member shall enter into a lawsuit with another member before the matter is submitted to arbitration, he does so on his own responsibility; and, if arrested, must show that the case was of such a nature as to require and justify a process at law. 14. The inspecting of the accounts of those who "fail in business," and the calling of a 12 178 CHURCH TRIALS. [Chap. V, debtor before a committee, "to show cause why he does not make payment," and all the cases referred to on pages 131-134, of the Discipline, are not Church trials; and a member cannot be expelled merely on those examinations, whatever fraud and dishonesty those examinations may disclose. But if these examinations should disclose frauds, a bill of charges should be formed from them, and the accused brought to trial, in due form, before the society or the select committee. The language of the Discipline is, " in case the debtor refuses to comply, lie shall be expelled." But before such expulsion can take place, the society, or a select number of them, must declare, after a legal investigation of the case, that the debtor refuses to comply in the proper sense of the rule. A total -inability to comply, is not a refusal in the sense of the Discipline. Sec. I.] CHURCHES AND PARSONAGES. 179 CHAPTER VI. CHURCH PROPERTY. SECTION I.-Building Churehes and Parsonages. 1. THE Discipline expressly discountenances the incurring of heavy liabilities in the erection of churches and parsonages. Hence it is made the duty of the quarterly conference, where it is contemplated to build a house of worship, to secure the lot on which such house is to be erected, according to our deed of settlement; and also "to appoint a judicious committee of, at leastj three members of our Church, to form an estimate of the amount necessary to build; and threje-fourths of the money, according to such estimate, must be secured, or subscribed, before any -such building shall be commenced." "In all cases where debts for building houses of worship have been, or may be, incurred contrary to, or in disregard of, the above recommendation, our members and friends are requested to discountenance, by declining pecuniary aid to all agents who travel beyond their own circuits or 180 CHURCH PROPERTY. [Chap. VT, districts, for the collection of funds for the discharge of such debts, except in such peculiar cases as may be approved by an annual conference, or such agents as may be appointed by their authority." 2. When a number of persons have associated themselves together, in pursuance of the statute, for the purpose of erecting a meeting-house, and appointed three or more of their number a building committee, to superintend the erection of the house, the mere acceptance of the appointment does not amount to a personal undertaking, on the part of the committee, to build the house; but the only effect is to constitute them the agents and representatives of the association, to act upon joint consideration and advice, with power to make all necessary contracts, and authorize all such expenditures as the purposes of the agency require. If the building committee are the agents of an unincorporated body, and in making their contracts do not pledge their individual credit and responsibility, they will not be held under a personal obligation for such indebtedness, if at the time of the contract the nature of their agency was definitely known. See. II.] TRUSTEES. 181 And if the committee should contract with one of their own number, they would as effectually bind the society as if they contracted with a stranger. (Ref. 3 Vt. Rep., 431; 2 Washburnj 593; 3 ibid., 405.) 3. Where the articles of association provided that the whole expense of the house should be estimated on- the whole number of pews, by appraisal, and that the subscribers should bid for their choice of pews, but that the average price of the pews should not exceed a certain sum, this could not be construed as limiting- the amount to be expended by the building committee in erecting the house; and a member of the committee might recover for services and expenditures in erecting the building, notwithstanding the whole expense of the house exceeded the amount which the pews would bring at the average price specified, if it could be shown that the building committee had not departed from the general plan prescribed for the building. (Ibid.) SECTION ll. —-rustees. 1. All our Church property, such as meeting-houses, parsonages, and cemeteries, held 182 CHUIRCH PROPERTY. [Chap. VI, according to Discipline, is vested in a board of trustees, who hold it in trust for the use of the members of the MethodistEpiscopal Church. The ministry, either in their individual or associated capacity, as Annual or General Conferences, have never claimed, nor do they hold, in law, any title to any chapel or parsonage by the deed of settlement. The fee of the land is vested in trustees, who hold the property in behalf of each respective society. The General Conference claims merely the right to supply the.pulpit, by such means as it shall elect, with duly accredited ministers and preachers of the Methodist Episcopal Church, " who shall preach and expound God's holy word therein." The General Conference of 1796, referring to the Deed of Settlement, adopted the following sentiments: "By which we manifest to the whole world that the property of the preaching-houses will not be invested in the General Conference. But the preservation of our union, and the progress of the work of God, indispensably require that the free and full use of the pulpit should be in the hands of the General Conference and the yearly conferences authorized by them. Of course, the travelling preachers who are in full connexion, assembled in their conferences, are Sec. 11.] TRUSTEES. 183 the patrons of the pulpits of our churches."Rec. Gen. Corf., Vol. I., -p. 15. And if any chapel or parsonage is sold by the trustees to liquidate their debts, the surplus money, after cancelling the debts, must be appropriated by the quarterly conference, " according to the best of their judgment, for the wse of the sacid society." 2. When a new board of trustees is to be created, according to the form of Discipline, "' for the security of our preaching-houses. and the premises belonging thereto," the appointment must be made by the preacher in charge, or by the presiding elder of the district in which the trustees reside. When a vacancy occurs by resignation, death, or expulsion from the Church, the preacher having the pastoral charge of the society must call a meeting of the remaining trustees, as soon as conveniently may be; and, when so met, the preacher must nominate one or more persons to fill the.vacancy; and, in case of an equal number of votes for and against the nomination, the stationed preacher has the casting vote. In all meetings of trustees, thus appointed, the stationed preacher, by general usage, is ex qfficio the presiding officer. 184 CIiCURCH PROPERTY. [Chap. VI, 3. To be eligible as a trustee, a person must be, at least, twenty-one years of age, and have been a regular member of the Methodist Episcopal Church one year, immediately preceding his nomination. If a trustee ceases to be a member of the Methodist Episcopal Church, his office as trustee immediately expires. No trustee, however, can be ejected from office while he is in joint security for money, unless such relief be given him as is demanded, or the creditor will accept. 4. The great and paramount duty of trustees of religious corporations is to see that the temporalities committed to their charge are fully and fairly devoted to the purposes which the founders had in view in creating the trust. All their authority is necessarily subordinate to this end, and all exercise of it beyond the legitimate attainment of this end is usurpation. As the deed of settlement secures the use of the pulpit, "'to preach and expound God's holy word therein," to such ministers and preachers of the Methodist Episcopal Church as the General Conference shall duly authorize, if the trustees should refuse to receive them, and shut the doors of the church against them, the court Sec. II.] TRUSTEES. 18.s would issue a peremptory mandamus commanding them to admit the preacher- thus appointed into the church. It is no valid excuse for the trustees to say that a majority of the members of the Church direct them to close the doors, and sustain them in the act. "They are not chosen to represent that majority, but rather to execute the trust of carrying out the intention of those from whose benevolence flow the temporalities put in their charge. If such an excuse will ever be available, where will it stop? What shall set bounds to its encroachments They from whose benevolence has arisen some pious foundation, or some noble charity, may have passed from the stage of life, leaving behind them some such monument of their love for God and man, in the confident expectation that the trust they have confided to posterity will be faithfully executed. Upon what principle can it be justified, that they who now live to enjoy the fruits of the charity of the dead should be permitted, at their caprice, to control, and perhaps divert from its original purpose, the endowment which owes none of its support to them? No such principle is known in law or morals."-2 Barbour, pp. 414, 415. 186 cJHURCIH PROPERTY. [Chap. VI, 5. The trustees of an incorporated religious society are, virtute officii, entitled to the possession of all the temporalities of the society, andare considered as lawfully seized of the grounds and buildings of the Church; and hence, if the trustees should close the doors of the church against the minister and congregation, they have no right to make a forcible entry into the church. The merit or demerit of the trustees in closing the doors of the church cannot be taken into consideration in this case. If the trustees have violated their trust, the society has ample remedy; but this remedy does not consist in a forcible entry upon their possessions. While the trustees are in actual possession, the civil authority is bound to protect them against the unlawful and irregular intrusion of any persons, whether members of the Church or strangers. The trustees are responsible for the faithful discharge of their trust, not to a violent mob, but to the society, in a legal manner, whose interests they serve. (Ref. 9 Johnson, 156.) 6. A church is erected for the public worship of God, and the moral and religious instruction of the people; and the trustees have no authority to make use of the church, at such intervals Sec. II.] TRUSTEES. 187 as it is not occupied by the pastor, for purposes at variance with the 6bject for which it was erected. 7. Trustees can legally protect the church property against all lawless violence and injury, even if the society has never been legally incorporated,- and may maintain an action against the trespasser for the injury which is done. (Ref. 9 Wendall, 414.) 8. Where the officers of a religious corporation are required by their charter to be annually elected, they would, probably,, be allowed to exercise their office after the expiration of the year, provided an election had not taken place to fill the vacancy. This case is provided for in some of the states by express statutes, and such has been the general ruling of the courts. 9. The power of trustees in the Methodist Episcopal Church seems to be restricted to the holding of real estate, and such personal property as has been raised or acquired for the bene. fit alone of the temporalities of the Church. They may take up'subscriptions and collections for the purpose of creating Church property, 188 CHIURCH PROPERTY. [Chap. VI,for the payment of debts previously contracted, and for repairing and improving the real estate of the society; but they have no authority to forbid the stewards raising voluntary contributions for the support of the gospel, and the various benevolent institutions of the Church, nor can they claim that the funds raised for these purposes, either in the classes or in the public~ congregation, shall be deposited in their hands. Our economy requires that these funds shall be -disbursed by the stewards, and the trustees cannot exercise their powers in such a manner as to defeat the very purposes of their creation. (Bangs's His. M/.- E. Church, vol. iv, pp. 175-181.) 10. The board of trustees are responsible to the quarterly conference of the circuit or station, and are required to present a report, annually, of their acts during the preceding year; hence the quarterly conference must see that all vacancies in the board of trust are duly filled, and that the corporation does not in any instance transcend its powers, or fail to discharge the obligations of its trust. In case it is necessary to take any legal steps to check the action of the trustees, the quarterly conference is the proper body to give instruction upon this subj ect. See. III.] PEWS. 189 11. Corporations created for a specific -object have no power to take and hold real estate for purposes wholly foreign to that object. (3 Pickering, 232-240.) SECTION r II —Pew8. 1. We do not propose in this section to consider the question of the propriety of building churches with pews; but as such churches exist among us it is a practical question, What is the nature of the claim which a pew-holder possesses to a pew in a house of worship? The society, or their representatives, the trustees, own the fee of the land on which the house is erected. By a grant of a pew, the grantee acquires only a qualified usufructuary right. He can claim no interest in the soil beneath his pew, nor in the space above it, nor an absolute claim to any part of the building itself. The society can control the soil, can construct a gallery and pews above him, and prevent the pew-holder from removing the material of his pew from the house. The right of the pewowner is limited as to time. If the house be burned, or destroyed by time, the right is lost. The grant of a pew does not bind the society to provide for the maintenance of public worship 190 CHURCH PROPERTY. [Chap. VI, in the meeting-house; but they may abandon it at pleasure. It is the opinion, also, of able jurists that the rights of a pew-owner are subject to the right of the society to remove the house to such a location as will best accommodate the whole congregation. In this case the value of the property is not diminished, but rather enhanced by the more commodious location of the house. But the. pew-owner does acquire the exclusive right to occupy his pew when the house is opened for public religious worship. He may exclude all other persons from his pew, by fastening the pew door, provided he does not annoy those who occupy other pews in the house; and if a person enters a pew, when he knows that the owner forbids any such entry, he becomes a trespasser, and liable to an action for such entry. (See 17 Mass. Rep., 435; 1 Pickering, 102; 24 Pickering, 34:7; 4 N. H. Rep., 181, 182; 3 Washburn, 266, 277; 5 Metcalf, 127; 5 Cowen, 496; 19 Pick., 361.) 2. When a meeting-house is conveyed to trustees for the use of a certain Church or society for a place of worship, and for no other use, intent, or purpose whatsoever, and in the deeds of the pews to individuals the provisions of the Sec. I1l.] PEWS. 191 conveyance of the house are referred to and recognised, the pew-owner has a right, probably, to the occupancy of his pew whenever the house is publicly opened, though it is opened for purposes different from those mentioned in the conveyance; nor can the trustees expel him from his pew on any public occasion. "It is the practice," however, as Judge Shaw remarks, "for religious societies to lend the use of their houses to various societies and philanthropic associations, to hold meetings for various purposes, and upon such occasions it has been usual for -the body or association to whom the house is lent. to control the use of the pews, without regard to particular owners. Perhaps loans of the use of houses of worship may be resolved into a mere practice of courtesy on the part of religious societies, and of voluntary acquiescence on the part of pew-owners, not affecting the legal rights of either."-5 eUetcalf, 133. 3. No pew-owner has a right to use his pew for any purpose incompatible with the purpose for which the house was erected; and if he should put any offensive covering over his pew, the trustees have a right to remove it; but if, in removing it, they should do any unnecessary 192 CH1URCH PROPERTY. [Chap. VI, injury to the pew, they would become liable to an action for trespass. (5 Metcalf, 127.) 4. When a house of worship is taken down as a matter of necessity, because it has become ruinous, and wholly unfit for the' purposes- for which it was erected, the trustees are not liable to make any compensation to the pew owners, but may take the avails of the materials of which the house was constructed-for the purpose of erecting another house in its place; but if the house is taken down to render it more convenient and tasteful, or if in rebuilding the pews are destroyed for a useful purpose, an indemnity must probably be made to the pew-owner. (Ref. 3 Washburn, 266; 19 Pickering, 361; 17 Mass. Rep., 435.) If, however, the trustees, after having taken all legal steps, should remove a pew, and make a tender to the owner of -the value of his pew, his action would be barred for damages. (24 Pickering, 347.) 5. The interest of a person in a pew in a house of worship, although limited and qualified, yet is of such a character that a contract for a pew, for a period extending beyond one- year, Sec III.] PEWS. 193 would probably be void unless reduced to writing. (16 Wendall, 28.) 6. Pews are regarded in some states as real estate, in others as personal. In New-Hampshire they are deemed personal property, and may be attached by leaving an attested copy of the writ, and of the officer's return thereon, with the town clerk of the town in which such meeting-house is, provided the debtor's interest in one pew, in any meeting-house in which he or his family usually worship, shall be exempt from attachment. (R. S., chap. 184.) 7. Houses of worship, pews, and their furniture, are exempt from taxation in nearly all the states of the Union. 8. Selling pews at auction. The auctioneer, though a trustee, is the agent for both parties,*for the purchaser, as explicitly as for the trustees. The bidder announces his bid for the purpose that the auctioneer may write his name against the pew to be sold; and when the entry is made the contract is signed by an agent for the purchaser, which renders it legally binding. But the memorandum of the sale must be perfect: 13 194 CHURCH PROPERTY. [Chap. VI, the conditions must be specified, and all the papers must be attached together. The mere writing of the name of the purchaser on the ground plan of the pews, with the amount which is bid, is not sufficient. (16 Wendall, 28.) 9. Form of deed. In a quit-claim deed, of ordinary form, insert the following description: "The pew or seat in the Methodist Episcopal Church in the said L —, which is numbered ~-, with all the privileges and appurtenances, estate, right, title, interest, and property of us, or of either of us, whatsoever, as trustees for and in behalf of the said Methodist Episcopal society: reserving to the said Methodist Episcopal society the sole use of the said church as a place of religious worship, according to the rules and discipline which from time to time may be agreed -upon at their General Conferences; and also reserving to the said Methodist Episcopal society the sole use of the said pew during the holding of love-feasts, class-meetings, and such special Church meetings as the duly-authorized mninisters of the Methodist Episcopal Church shall appoint; and also reserving unto the said Methodist Episcopal society the right to levy a proportionate tax upon said pew for the necessary Sec. IV.] SUBSCRIPTION PAPERS. 195 repairs and insurance of the house." Signed, sealed, witnessed, and acknowledged in due form. SECTION IV. —SXbSCrptiOnr Papers. 1. No particular form is required to render a subscription legal. The object and conditions of the subscription should be clearly and explicitly stated, and it should be made payable to a body. competent to contract. A pecuniary consideration need not be mentioned to render the subscription valid: there should be implied mutual promises. The expending of money, or the undertaking by one party to accomplish an object which both desire, is a legal consideration for the promise of the other. Subscriptions for the purchase or improvement of real estate should be made payable to the board of trustees, when such trustees exist. 2. When a person, by a voluntary subscript tion, promises to pay in labour or materials, at his option, during another season, for the erection of a public building, and who can be presumed to know that the building is being erected, a demand on him for the labour or materials, previous to the completion of the house, is not 196 CHURCH PROPERTY. [Chap. VI, necessary. A demand made after the building is finished is sufficient, if the payee is willing to receive such pay at the place where the building is erected, or at any other place equally convenient for the promiser. If the promiser, in such a case, wishes to free himself from his obligation, he must make an offer of payment to the committee appointed to erect said building, or to the person or persons to whom his subscription has been assigned. (Ref. 2 Vt. Reports, 48.) 3. When a conditional subscription is drawn, it should be so expressed that the corporation should virtually be requested by the promiser to perform certain acts, or fulfil certain conditions. Instead of saying that the amount subscribed is not to be paid until $50,000 are subscribed, it should read, Provided the corporation should procure subscriptions to the amount of $50,000, and should afterward invest the money in a particular mode. (Ref. 1 Comstock, pp. 581-585.) 4. Fictitious subscriptions, obtained for the purpose of inducing others to subscribe more largely, render void those subscriptions which follow them. (1 Vt. Rep., 189-212.) Sec. IV.] SUBSCRIPTION PAPERS. 197 5. When an authorized agent makes a deduction in collecting a subscription to a person to whom he thinks it is entitled, it does not invalidate the other subscriptions. (Id.) 6. If the purpose for which the subscription was raised was never attempted in any manner to be executed, the promiser would not be obligated to pay his subscription. 198 MINISTERIAL SUPPORT. [Chap. VII, CHAPTER VII. MINISTERIAL SUPPORT. SECTION I. -Allowance. I. The salaries of ministers are fixed by representatives of the people whom they serve. The following schedule will show the maximum annual amount allowed to the preacher and his family:17'4, 1778. 1780. 1784. 1800 1816. 1824-60 Preacher.... ~24 Penn. ~82 Va. ~82 Va. ~24 Penn. $80t1$100t $100t Preacher's wife..................... ~82* 24* $80 $100 $100 Child under i years............................. 6 $16 $16 $16 Child from 7 to 14 years..8 $24 $24 $24 Orphans of Preachers..............j.................... $16 16 6 Preachers...... $16* $16' * Conditionally. t And travelling expenses, $ The same as children of living preachers, according to their age. 2. The following plan was adopted by the General Conference of 1860 for the support of our ministry, and the widows and children of deceased ministers: "Question. What provision shall be made for Sec. I.] ALLOWANTCE. 199 the support of our bishops and other ministers and preachers, and the widows and children of deceased ministers "Answer 1. It shall be the duty of each annual conference within whose bounds a bishop, or the widow or child of a deceased bishop may reside, to appoint a committee, whose duty it shall be to make an estimate of the amount necessary to furnish a comfortable support to such bishop, considering the number and condition of his family, and the amount necessary to assist such widow or child in obtaining a comfortable support, which estimates shall be subject to the action of the conference, and the bishops are authorized to draw on the funds of the Book Concern for said amount allowed them, and also for the amount of their travelling expenses. The bishop presiding at an annual conference, where an estimate is made for the widow or orphan of a deceased bishop, shall be authorized to draw on the Book Concern for such amount. "Answer 2. There shall be annually, in every district, a meeting composed of one steward from each circuit and station, to be selected by the quarterly conference, whose duty it shall be, with the advice of the presiding elder, (who shall preside at sneh meeting,) to make an esti 200 MINISTERIAL SUPPORT. [Chap. VII, mate of the amount necessary to furnish a comfortable support to the presiding elder, and to apportion the same, including house rent and travelling expenses, among the different circuits and stations in the district, according to their several ability; and in all cases the presiding elder shall share with the preachers in his district in proportion with what they have respectively received; but if there be a surplus of money raised for the support of the preachers in one or more of the circuits or stations in his district, he shall receive such surplus, provided he do not receive more than his allowance. (Disc. p. 101.) ".Answer 3. It shall be the duty of the quarterly conference of each circuit and station, at the session immediately preceding the annual conference, to appoint an estimating committee, consisting of three or more members of the Church, who shall, after conferring with the preachers, make an estimate of the amount necessary to furnish a comfortable support to the preacher or preachers stationed among them, taking into consideration the number and condition of the family or families of such preacher or preachers, which estimate shall be subject to the action of the quarterly conference, and the Se. I.] ALLOWANCE. 201 stewards shall provide by such methods as they may judge best to meet such amount. The travelling and moving expenses of the preachers shall not be reckoned as a part of the estimate, but paid by the stewards separately." —i8c. p. 55. 3. It is the duty of each preacher having the charge of a society to make a yearly collection in every congregation of his charge; and the money so collected must be forwarded to the ensuing annual conference for appropriation. This collection is usually denominated the7fifth collections: the weekly collections are applied for the support of the preachers stationed on the circuit or station. The fifth collection, and the annual produce of the Chartered Fund and of the Book Concern, are appropriated to the making up of the allowances of the effective and superannuated preachers, and of the widows and children of deceased preachers. 4. The Chartered Fund was established in 1t76, and was designed to relieve the distresses and supply the deficiencies of the itinerant and superannuated ministers and preachers of the Methodist Episcopal Church, in the United States of America, who remain in connection 202 MINISTERIAL SUPPORT. [Chap. VII, with, and continue subject to the order and control of, the General Conference, and also for the relief of the wives and children, widows and orphans, of such preachers. The amount of the invested funds, as reported in 1860, is $23,294, and its annual produce is about $1,300. This income is divided equally among the several annual conferences. 5. There is no specific rule which determines what shall constitute travelling expenses. This matter is very wisely left for the stewards and preacher to arrange, subject to a reference to the quarterly conference. 6. The travelling expenses of editors appointed by the General Conference include those expenses only which are incurred by moving to the place of their appointment, and in going to and returning from the annual sessions of the conferences of which they are members. (Rec. Gen. Conf., 1848, pp. 112, 113.) 7. The rule authorizing the appointment of an estimating committee was formed by the General Conference of 1816. This committee must be composed of members of the Church; Sec. I.] ALLOWANCE. 203 but the rule does not require that they should be members of the quarterly conference. It is required that this committee be appointed at the last quarterly conference in each ecclesiastical year, that they may be prepared to present their report to the first quarterly conference in the conference year. The report of the estimating committee is subject to the action of the quarterly conference, and hence they may increase or diminish the estimated amount. In making their estimate the committee are not to take into the account the pecuniary ability of the society, or the probability whether a given amount can be raised for the object; but simply the question, What is a suitable amount to furnish a comfortable support for the preacher or preachers stationed among them? Every circumstance should be duly considered: the condition of the preacher's family, whether sickly or otherwise; the state of the market, and the expensiveness of the place where the preacher resides. The social position of the preacher should not be overlooked. He should be. enabled to live respectably among his congregation, and not be so reduced, by a stinted policy, that he who should not be unmindful to 204 MINISTERIAL SUPPORT. [Chap. VII, entertain strangers be necessitated to turn away angels from his door. 8. Whenever any.claimant on the funds of a conference shall be in debt to the Book Concern, the conference of which he is a member has power to appropriate the amount of such claim, or any part of it, to the payment of said debt. (Discipline.) 9. It is general usage for the society to pay any expenses which may be incurred in supplying the pulpit on the Sabbath in which the preacher is absent at the annual conference. 10. When a preacher is absent from his charge, in obedience to the authority of the Church, as delegate to the General Conference, member of the General Mission Committee, &c., lhe is entitled to his full salary as a regular pastor. 11. When an effective preacher, by the appointment of the bishop and the recommendation of an annual conference, serves a corporation as professor, agent of the American Bible Society, &c., it-is understood that he has made a specific stipulation in regard to his support, and that he Sec. I.] ALLOWANCE. 205 thereby releases his claim, while employed in such service, on the conference funds. 12. "When a member of an annual conference is accused of crime in the interval of his conference sessions, and is suspended by a committee and subsequently convicted by his conference, and expelled, his claim upon the funds of the Conference shall cease from the time of his suspension."-Gen. Conf. Jonur., 1860, p. 303. A violation of covenant vows works a forfeiture of all disciplinary claims. 13. The claim of a widow of a travelling preacher on the funds of conference does not depend upon her Christian character, or her connection with the Methodist Episcopal Church; but if she marries she ceases to be a claimant. 14. The British Wesleyan Connexion have a specific rule that those preachers who marry widows having issue by their former husbands, shall have no assistance, either fitom the public funds or from the circuits in which they labour, for the children of the former marriage. Such is the usage among us. But a child legally 206 MINISTERIAL SUPPORT. [Chap. VII, adopted by a preacher is a disciplinary claimant upon the funds of the conference. SECTION II.-S teward8. 1. The following is Mr. Wesley's account of the origin of stewards: "In a few days some of them said,' Sir, we will- not sit under you for nothing; we will subscribe quarterly.' I said,'I will have nothing, for I want nothing. /My fellowship supplies me with all I want.' One replied,' Nay, but you want a hundred and fifteen pounds to pay for the lease of the Foundery, and likewise a large sum of money to put it into repair.' On this consideration I suffered them to subscribe. And when the society met I asked,' Who will take the trouble of receiving this money, and paying it where it is needful?' One said,' I will do it, and keep the account for you.' So here was the first steward. Afterward I desired one or two more to help me as stewards, and in process of time a greater number." 2.'The business of stewards," says Mr. Wesley, in his usual laconic style, "is,a. "To manage the temporal things of the society. Sec. II.] STEWARDS. 207 b. "To receive the subscriptions and contributions. c. "To expend what is needful, from. time to time. d. "To send relief to the poor. e. "To keep an exact account of all receipts and expenses. f.'To inform the minister if any of the rules of the society are not punctually observed. g. "To tell the preachers in love, if they think anything amiss either in their doctrine or life. "The rules of stewards are: a. "Be frugal. Save everything that can be saved honestly. b. "Spend no more than you receive. Contract -no debts. c.' Have no long accounts. Pay everything within the week, or as soon as possible. d. "' Give none that asks relief either an ill word or an ill look. Do not hurt if you cannot help them. e.'" Expect no thanks from man." - Wesley's Works, vol. v, p. 185. The duties of stewards are numerous and responsible. They relate, in part, to the effective operations of the pastorate, and in part to the pecuniary arrangements of the circuit. Though 208 MINISTERIAL SUPPORT. [Chap. VII, stewards may have but little to do in determining the estimated amount to be raised, yet the amount which is actually paid for the support of the pastor depends almost exclusively upon their efforts. Stewards are ordinarily the types of the pecuniary character of the societies which they represent. Where energetic and effective stewards are employed, poverty will vie with wealth, and comparatively small and feeble societies will amply sustain the institutions of the Church. Stewards should endeavor to induce all the members of the Church to contribute statedly to every benevolent enterprise, as a matter of religious principle. Spasmodic efforts to raise an unusual amount for any institution, or for some admired preacher, are always attended with disastrous reaction, and greatly embarrass all financial arrangements. The amount which is paid ought never to be graduated by the popularity of the preacher, but by the condition of the Church, and the ability with which God has blessed it. Stewards should endeavour to raise the preacher's claim by quarterly instalments. This plan can be executed in most places, and can be at least partially executed in all. The expenses Sec. Il.] STEWARDS. 209 of the preacher in moving upon the circuit should be paid to him on his arrival at his charge. This amount has actually been paid by the preacher in advance, in his efforts to serve theml; and justice demands that actual expenditures for their benefit should immediately be met. Promptitude under such circumstances is appreciated far beyond the intrinsic value of the offering made: it furnishes an unmistakable welcome to the preacher, and a cordiality most gratifying to his heart. Stewards should see that every subscription is collected when it becomes payable. It is of no avail to raise subscriptions unless prompt and systematic efforts are made for their collection. Every regular attendant on the ministry of the word should be solicited, in a proper manner, to aid in the support-of the gospel. None will be offended who are approached with Christian courtesy; and the privileges which their own money helps to secure will be more highly prized by them. The steward should remember that if he fail to discharge his duties, the cause of God will inevitably stiffer. No other member of the Church feels at liberty to act in his capacity without appointment; and unless the finances of the Church 14 210 MINISTERIAL SUPPORT. [Chap. VII, are properly managed, the ministry must be embarrassed, or retire from their work. 3. The preacher in charge, previous to 1812, had the power to ajppoint stewards. Since that time he has possessed only the right of zozincttion,-the power of appointment being vested in the quarterly conference. 4. Stewards hold their office for one year, but may be reappointed from year to year. They are responsible to the quarterly conference for the faithful discharge of their official duties; and the quarterly conference may dismiss or change them at pleasure, without preferring any formal charge. 5. Since the year 1820, one of the stewards has been specifically appointed a recording steward. This office, however, does not constitute him, ex oqcgio, the secretary of the quarterly conference. His duties require him to register the marriages and baptisms, and to record the doings of the quarterly conference, and the Sabbath-school quarterly reports. In other respects the prerogatives and duties of recording stewards are the same as those of other stewards. Sec. I1.] STEWAIRDS. 211 6. A preacher in charge has no right to accept the resignation of a steward, and declare the office vacant. The quarterly conference, which confers the office, can alone accept of the resignation. 7. When two circuits or stations, each having seven stewards, are united in one pastoral charge, such reorganization displaces all the stewards, and a new board must be organized, according to Discipline. 21.2 RULES OF ORDER. [Chap. VII1. CHAPTER VIII. R ULES OF ORDER. 1. —Parliameneta/ry Rules. EVERY pastor will frequently be called to preside over the deliberations of others, and hence should be well versed in all that relates to the correct and orderly management of deliberative bodies. The preacher in charge, by virtue of his office, is the presiding officer in leaders' meetings, in the meetings of such boards of trustees as are appointed according to Discipline, in quarterly conferences, in the absence of the presiding elder, in the arbitration and trial of members, in the missionary committees, and in the committee of local preachers, called to investigate the case of an accused local preacher. 2. —Temporary Organization. It frequently happens that a temporary organization is necessary. In such cases, some person of age, or distinction, should rise and call the Chap. VIII.] RULES OF ORDER. 213 meeting to order, announcing the arrival of the time of the meeting, and suggesting an organization, by the appointment of a chairman before proceeding to business. The same person should act until a chairman is selected. Some four or five persons may be nominated as chairman. The question should not be put until every nomination that is desired is made. The names of the nominees should then be announced, in the order in which the nominations were made, and the question submitted to the assembly. When a maj ority of votes is given for any candidate, he should be declared president pro ten., and invited to the chair, without voting upon the other names. The president pro tem., having taken the chair, should conduct the religious services of the occasion, or call upon some competent person to do so. After prayer, a secretary pro tern. should be appointed. If several secretaries are appointed, the one first named is the principal officer. In all deliberative representative assemblies it is necessary to ascertain who are properly members. This should be done, by general consent, either before or after the permanent organization, and before proceeding to any other business. 214 RULES OF ORDER. [Chap. VIIT. This may be done by the secretary, who may receive the credentials and record the names of members, or by a committee appointed for this purpose. In case the seat of a member is contested, he should be heard in his own defence, and then retire until the case is determined. The other members, who are legally appointed, form a court to determine the question of all contested elections, unless they refer it to a committee. 3.-Permanent Orgamization. This is usually done in one of two ways. First, by raising a committee to nominate a full board of officers for the association, and proceeding to ballot, or to confirm the nomination by vote; or, secondly, by promiscuously nominating the different officers viava voce, and then balloting or confirming by hand-vote. 4.-Presiding Offeier. The duties of a presiding officer are the following: To call the members to order at the appointed time. To conduct the religious services. To direct the roll to be called at the opening Chap. VIII.] RULES OF ORDER. 21.5 of each session, unless otherwise ordered, and the records of the previous meeting to be read. To announce the order of business, if any manifesto has been put forth respecting it. To receive all messages and communications, and announce them to the meeting. To put to vote all questions which are regularly submitted, or necessarily arise in the course of the proceedings, and declare the result. To see that the laws of debate, and due order and decorum, are observed by the members. To decide all questions of order. To authenticate, by his signature, all the acts and proceedings of the assembly. To appoint committees, when directed in a particular case, or when a standing rule requires it; and, in general, to obey implicitly its commands. The chairman ought to give direct and serious attention to each individual while speaking, and to hold no conversation with any one at the time. The utmost impartiality should be observed. Minorities and opponents should have their interests as jealously guarded as those of the majority, or of most intimate friends. When the president withdraws from the chair, the vice-president should take his place. If 216 RULES OF ORDER. [Chap. VIII. there be no vice-president, custom allows the president to appoint a chairman during his temporary absence. If, in the absence of the president, it becomes necessary to choose a president pro ten., it is the duty of the secretary to conduct the proceedings. In large assemblies, the presiding officer may read sitting, but should rise to state a motion or put a question.. 5.-Secretary. The general duties of the recording officer of a deliberative body are the following: To keep a correct record of the proceedings of the assembly. To read all papers which may be ordered to be read. To notify the chairman of each committee of his appointment, giving him a list of his colleagues, and stating the business referred to them. To authenticate, by his signature, all the acts of the assembly. To preserve all the papers and documents of the assembly, and allow none to be taken from his table without a formal leave of the assembly, The secretary, if a member of the body, is not Chap. VIII.] RULES OF ORDER. 217 deprived of the privilege of taking part in the deliberations of the meeting. The secretary should stand while reading or calling the roll of the assembly. He should write a clear, legible hand; and all items of business, for the sake of easy reference, should be recorded in separate paragraphs. The peculiar duties of the secretary. of an annual conference are the following:a. To aid the president in the organization of the conference by reading the roll of the members at the opening of each annual session. This is usually done by the secretary of the previous session. b. To furnish the bishop with answers to questions 12th, 13th, and 14th, of the business of conference, (Discipline, part ii, ch. i, sec. iii,) for the general Minutes. c. To countersign all drafts upon the Book Concern and Chartered Fund. The journals of the annual conferences are subject to the inspection of the General Conference, and should be executed in the best manner, as it regards penmanship, arrangement, and mode of reference. The heading of every page should give the date; and the margin, references to all the transactions recorded. 218 RULES OF ORDER. [Chap. VIIL 6.-lllernbers. All members have an equal right to submit propositions to the assembly, and to explain and recommend them in -discussion. No member should be interrupted when speaking, except by the president, to call him to order when he departs from the question, uses personalities or disrespectful language; but any member may call the attention of the president to the subject when he deems a speaker out of order: and any member may explain, if he thinks himself misrepresented. A member who violates the rules of decorum may be named by the president, —that is, the president may declare that such a member, calling him by name, is guilty of certain improper conduct. The member thus accused is entitled to be heard in his own defence, and must then withdraw. The only punishments which a deliberative body can inflict are reprimanding, prohibition to speak or vote for a specified time, and expulsion. It may require the offender to ask pardon, on pain of expulsion. Any member who desires to speak must respectfully address the chair. Chap. VIII.] RULES OF ORDER. 219 If two members address the president nearly at the same time, he should give the floor to the one whose voice he first heard. If the decision of the president is not satisfactory to any member, the opinion of the assembly may be taken on it. 7. — otions. When a motion has been made and seconded, the presiding officer must state it to the assembly before it is in their possession. No speech should be made without a motion, nor after a motion is submitted, until it is seconded, and stated by the president. All motions or resolutions, introduced by any member, must be reduced to writing, if the president, secretary, or any two members request it. According to the rules of the House of Representatives, and those of the General Conference, any motion or resolution may be withdrawn by the mover, at any time, before decision or amendment. No new motion or resolution can be made until the one under consideration is disposed of; which may be done by adoption or rejection, unless one of the. following motions should 220 RULES OF ORDER. [Chap. VIII. intervene, which motions must have precedence in the order in which they are placed, namely, adjournment, indefinite postponement, laying on the table, reference to a committee, postponement to a given time, amendment, or a substitute. A11 motions should be put in an affirmative and not in a negative form. 8.-Inddefinite Post-ponement. If a motion has been indefinitely postponed, it cannot be called up or resumed during that session. If a negative decision has been given, it has no effect whatever on the final disposal of the question. 9.-Laying on the Tadble. This motion is proper when the assembly wish for more information upon the subject. If decided in the affirmative, the principal motion, and all subsidiary questions connected with it, are removed from before the assembly until they are taken up again, which may be done at any time, at the pleasure of the assembly. If they are not taken up., it is equivalent to an indefinite postponement. Chap. VIII.] RULES OF ORDER. 221 10. —Referring to a Committee. When a proposition is regarded with favour, and some modifications are desired, it is usual to refer it to a committee,-to the standing committee, if one has been raised on -that subject; otherwise, to a select committee. If it is suggested to refer it both to a standing and to a select committee, the question should'be first put in reference to the standing committee. A portion only of a subject may be referred, and different portions may be referred to different committees. If a committee make a report, and the assembly wish for certain alterations or amendments, they may recomvnit the report. If a subject is referred with instructions, those instructions, of course, must be obeyed. 11. —Division of a Question. When a proposition consists of two or more parts, so independent and distinct that if one be taken away the others will remain entire, and it is supposed that the assembly may approve of some but not of all the parts, it is frequently more desirable to -resolve it into its elementary parts than to attempt to modify it by amendments 222 RULES OF ORDER. [Chap. VIII. Where a deliberative body has adopted no rule providing for the division of complicated questions, no division should take place without a definite motion to divide, unless a unanimous consent is given. 12.-Filling Blanms When blanks are left for the assembly to fill, the proposition to fill is not an amendment, but an original motion. In filling blanks where different numbers are named, the question should be put first on the largest sum and the longest time. 13. —Amendments. The mover may modify or accept of an amendment when it is made, before it has been stated to the assembly by the chairman. In this case, it becomes a part of the original motion. In all other cases it must be put as a regular amendment. Rules respecetig Amendments.-Amendments may be made in three ways, —by striking out certain words, or by inserting certain words, or by striking out some and inserting other words. 1. When a proposition consists of several Chap. VIII.] RULES OF ORDER. 223 sentences or resolutions, it should be taken up in order, and each paragraph amended according to the pleasure of the assembly: and when it is thus passed through, it is not deemed orderly to introduce new amendments into the first part of the proposition. 2. Every amendment may be amended; but it can go no further. There cannot be an amendment to an amendment of an amendment. The question should first be put on the last amendment, and proceed in that order. 3. Whatever is agreed to by the assembly, on a vote, either adopting or rejecting a proposed amendment, cannot afterward be altered or amended. 4. The converse of the above rule is true. Whatever is disagreed to by the assembly, on a vote, cannot afterward be moved again. Striking out.-If an amendment to strike out is rejected, it cannot be moved again to strike out the same words, or a part of them; but it may be moved to strike out the same words, or a part of them, with other words. But if the amendment to strike out is agreed to, it cannot afterward be moved to insert the same words, or a part of them, unless it is proposed to insert other words in connexion with them. The same 224 RULES OF ORDER. [Chap. VIII. rule applies in reference to inserting the same words, or a part of them. The motion to amend those relating to striking out and inserting applies as in other cases of amendment. Striking out and inserting.-If the motion is divided, the question is first to be taken on striking out; and if that is decided in the affirmative, then on inserting: but if the former is decided in the negative, the latter of course falls. If the motion to strike out and insert is put undivided, and decided in the negative, the same motion cannot again be renewed. But it may be moved to strike out and, 1. Insert nothing; or, 2. Insert other words; or, 3. Insert the same, with other words; or, 4. Insert a part of the same words with others; or, 5. Strike out the same words with others, and insert the same; or, 6. Strike out a part of the same words with others, and insert the same; or, 7. Strike out other words, and insert the same; or, 8. Insert the same words without striking out anything. (Ref. Cushing's Manual.) Chap. VIII.] RULES OF ORDER. 225 On putting the question, first read the passage proposed to be amended as it stands, then the words proposed to be struck out or inserted; and, lastly, the whole passage as it will stand if the amendment be adopted..Defecating a Proposition.- Amendments may be made to a proposition, which will not only modify the meaning, but convey a directly opposite sense; and often, in legislative bodies, bills are amended by striking out all after the enacting clause, and inserting a new bill; and resolutions are amended by striking out all after the words "resolved that," and inserting a proposition of an entirely different character. 14.-Privilegedl Qestions. Questions of this nature are of three kinds: 1. Motions to adjourn. 2. Motions relating to the rights and privileges of the assembly, or of its members individually. 3. Motions for the orders of the day. 15.-Adjournment. A simple motion to adjourn cannot be amended, but must be decided without debate. A motion to adjourn to a particular day is debatable, and may be amended in regard to time. 15 226 RULES OF ORDE R. [Chap. VIII. "A motion to adj ourn is not in order, 1. When a member is speaking; 2. When a vote is being taken on any question; 3. A motion to adjourn being negatived, cannot be renewed until some other proposition is made, or other business transacted.9"-atthzias's Jcianual, p. 72. An adjournment without day is equivalent to a dissolution. When a question is interrupted by adjournment before any vote is taken upon it, it is thereby removed from the assembly, and does not stand before it at its next regular session, but must be brought forward in the usual way. But an adjourned special meeting is regarded as a continuation of a former meeting, and the business should be resumed the same as if no adjournment had taken place. 16.-Orders of the Day. When the consideration of a subject has been assigned by the assembly to a certain day, it is called the order of the day. If any other proposition arise on the day assigned for the consideration of any subject, a motion for the order of the day will supersede such proposition, and must be first put and decided. Chap. VIII.] RULES OF ORDER. 227 To entitle this motion to precedence, it must be for the orders of the day generally, if there is more than one, and not for any particular subject; and the orders must be taken up in the order in which they stand. If a subject is assigned for any particular hour, the question to proceed to it is not a privileged one until the hour has arrived; but if no hour is fixed, the order is for the entire day and every part of it. If the motion for the orders of the day prevails, the original question is removed from the consideration of the assembly, in the same manner as if it had been interrupted by an adjournment. If the motion is decided in the negative, the orders of the day must be superseded until that subject is disposed of. The orders of the day, unless disposed of on the day assigned, fall, and must be renewed for some other day. 1t. —ncidental Questions, Such as questions of order, motions for the reading of papers, leave to withdraw a motion, suspension of a rule, and amendment of an amendment, must be decided before the questions which gave rise to them. 228 RULES OFF RDER. [Chap. VIII. 18.-Questions of Order. It is the duty of the presiding officer to enforce the rules of the assembly; and any member noticing a breach of the rule may call his attention to it, and insist upon the enforcement of it. When a question of order arises, all other business must be suspended until that point is settled. The presiding officer must decide the point without debate. If the decision is not satisfactory, any member may appeal to the assembly. The question should then be stated: "Shall the decision of the chair stand as the decision of the assembly?" When it is thus stated it is debatable, and the presiding officer may participate in the debate. When a question has been put, and the decision announced, if any, member alleges that the question was not understood, the presiding officer may recall his decision and put the question again. 19. —Preevious Question. The design of the previous question is chiefly for suppressing debate, and taking immediate action on the main question. The question is put in this form: "Shall Chap. VII.] RULES. OF ORDER. 229 the main question be now put?" If it is decided in the negative, the debate continues; if in the affirmative, the vote must be at once taken, in the form in which the question exists at the time. A previous question cannot be amended. By the rules of the House of Representatives, the previous question can only be admitted when demanded by a- majority of the members present; and if it is ordered, it brings the House to a direct vote upon a motion to commit, if such motion shall have been made; and if this motion does not prevail, then upon amendments re ported by a committee, if any; then upon pending amendments, and then upon the main question. It is not in order to move the previous question unless the assembly has adopted the rule-for its government. When the previous question is moved and seconded by the requisite number, all further amendments and discussion must cease. The president rises and says, "The previous question has been moved and seconded,-the question before the meeting is,'Shall the main question be now put 9'" If it is decided in the affirmative, the question should then be put, first on the amendments, and then on the main proposition. 230 RULES OF ORDER. [Chap. VIII. 20.-Order of Proceeding7. When the assembly does not prescribe any order of proceeding, the presiding officer may present any regular business according to his discretion. In an annual conference, the regular disciplinary questions are presented by the bishop by disciplinary authority, and at his discretion as to time and circumstances. In considering a proposition consisting of several paragraphs, the paper should first be read entirely through by the secretary, then a second time by the presiding officer or secretary, pausing at the close of every paragraph, that amendments may be made if desired; and when the whole paper has been gone through with, in this order, the final question should be put on agreeing to, or adopting, the whole paper as amended or unamended. When there is a preamble, it should be considered after the disposal of the resolutions or propositions under it. When a paper has been referred to a committee, and reported back with amendments, these amendments must first be disposed of, unless amended, before other amendments are introduced. It is deemed an unparliamentary and abusive Chap. VIII.] RULES OF ORDER.. 231 proceeding to introduce a proposition, and, at the same time, move the previous question. In such cases it is recommended by Judge Cushing to take no notice of the motion for the previous question. 21.-Ord~er ina Debate. The presiding officer is not presumed to enter into the debate; but he is allowed to state matters of fact within his knowledge, to inform the assembly on points of order when called upon to do so, or when it is necessary to do so; and on appeals from his decision on questions of order, he may address the assembly in debate. A member rising to address the assembly must respectfully address himself to the president, and not proceed until his name is called by that officer. When two or more members rise at nearly the same time, the president must name the member who is first to speak. The person whose voice is first heard is entitled to the floor. If the assembly is not satisfied with the decision of the chair, the question should be put first in reference to the person named by the president; and if it is decided in the negative, then upon the name of the person for whom the floor is claimed in preference to him. 232 RULES OF ORDER. [Chap. VIII. When a person gives way to another to speak, he really resigns the floor, and can retain it only by general consent, or the vote of the assembly. When the presiding officer rises to speak, any other member should be seated until he is first heard; but this does not authorize any presiding officer to interrupt a speaker unless he is out of order. Every member should confine himself directly to the subject of debate; but the presiding officer should not generally interpose, unless the remarks are manifestly irrelevant. When called to order for irrelevancy, the speaker may- proceed, unless a motion prevail that he is out of order. And in this case, by usual parliamentary rules, he may proceed, if he abandons his objectionable course of remark; but by the rules of the House of Representatives such speakers are not allowed to proceed, if any member objects, without leave of the House. No member should speak3more than once upon the same question without the permission of the assembly, unless it be to explain, although the debate on the question may be continued through several days. Respectful attention should be paid to every speaker. Chap. VIII.] RULES OF ORDER. 233 If a member uses offensive and abusive language toward other members, he may be stopped by one or more rising for that purpose, or by the president; and the words objected to should be written down by the secretary, that the offender may disclaim or apologize for the offence, or receive the censure of the assembly. 22.-~Taking the Question. A proposition made to a deliberative body is called a motion: when propounded to the assembly for reception or rejection, it is denominated a question; when adopted it becomes the order, resolution, or vote of the assembly. Strictly speaking, no question can arise in a deliberative assembly without a motion being first made and seconded; yet sometimes, for the despatch of business, the presiding officer takes it for granted that a motion has been made, and puts the question accordingly. The question being stated, the president puts it first in the affirmative: "As many as are of opinion that, [repeating the question,] say Ay," or "raise your hands;" and, putting it in the negative, "As many as are of a different opinion," &c. If the presiding officer is doubtful as to the 234 RULES OF ORDER. [Chap. VIII. majority of voices, he may put the question a second time; or, if he is still doubtful, or a member doubts the vote, he may direct the assembly to divide, and appoint tellers to return the several divisions of the house; or the secretary to count the number who rise in voting. Every person is bound, unless excused, to vote on every question. A person not present when the vote is taken, cannot vote without permission of the assembly. If the members are equally divided upon a question, the presiding officer ordinarily may give the casting vote. This rule, however, does not apply to the president of annual and quarterly conferences. If a question arise upon a point of order,for example, as to the right or the duty of a member to vote while a division is taking place, — the presiding officer must decide it peremptorily, subject to the correction of the assembly after the division is over. If a quorum is not present when a division takes place, there can be no decision. 23.-Reconsideration. When any motion or resolution has been carried in the affirmative or negative, it is in order Chap. VIII.]. RULES OF ORDER. 235 for any member who voted in the majority to move for a reconsideration of it. The passage of a resolution to reconsider places the question where it was before decision, and leaves it open for discussion, amendment, adoption, or rejection. 24.-Committees. Committees appointed to consider a particular subject are called select committees; those appointed to consider all subjects of a similar na ture are denominated standing committees. It is customary, in all deliberative bodies, to constitute a majority of the committee of such persons as are known to be favourably inclined to the measure proposed. The person first named on a committee is the chairman to call the first meeting; but every committee may elect its own chairman to preside over its deliberations. They may receive instructions when the business is at first referred to themn or at any subsequent period. A committee is not at liberty to sit while the assembly is sitting, without special permission. It can act only when regularly assembled together as a committee,-a separate consultation and consent is not binding. If a 236 RULES OF ORDER. [Chap. VIII. paper has been referred to a committee, and they are entirely opposed to it, they ought not to suppress it, but report it back to the assembly with their objections. It should not be erased, interlined, or disfigured. If amendments are proposed to it, they should be written on a separate piece of paper. The report may be made to the assembly by the'chairman, or by any other person who shall be authorized to do so. 25. —Reports of Committees. Every report should be written fully and plainly, without erasure or interlinear lines, and signed either by the chairman and secretary, or by all the members of the committee. A report may be received by direct vote, or the general consent of the assembly. A report may consist merely of a statement of facts, reasoning, or opinion, or simply of a series of resolutions, or of both combined. When a report closes with a series of resolutions, the assembly should first act on the resolutions, and then on the preliminary remarks. When the report of a select committee is accepted, the committee is discharged. Chap. VIII.].RULES OF ORDER. 237 26.-Minority Rejport. "Should a committee not be unanimous in opinion, and those in the minority be desirous of placing their views before the meeting, the matter should be introduced immediately after the majority report has been read. A member will then move that'the report and resolution thereto attached be postponed for the present, for the purpose of enabling the minority to make a report as a substitute.' If this motion prevails, as is almost always the case, the minority report will be immediately presented, received, and read. It is then- in order, on motion, to take up for consideration the resolution attached to either of the reports."-B. Jlatthias's Xranual, page 38. Or when the majority report is considered, the minority report may be moved as an. amendment, or a substitute for it. A protest cannot be inserted on the journal without the consent of the majority. 27.-Committee of the Whole. When a subject'has been ordered to be referred to a Committee of the Whole, the mode of organizing such committee is as follows: A 238 RULES OF ORDER. [Chap. VIII. motion is made and seconded that the assembly do now resolve itself into a Committee of the Whole for the purpose of considering the matter relating to --, naming the subject. If the question prevails, the president will call some member to the chair, or the assembly may appoint a chairman. The committee, thus organized, is under the same laws that govern assemblies, with the following exceptions: — 1. The previous question cannot be moved. 2. The presiding officer of the assembly has the same privilege to take a part in the debate that the other members have. 3. They cannot, like other committees, adjourn to some other time or place; but when they rise, if their business is unfinished, they can ask permission of the assembly to sit again. 4. They cannot refer any matter to a subcommittee. 5. Members are not restricted as to the times of speaking. 6. The yeas and nays cannot be called. I. There is no appeal from the decision of the chair on points of order. When the committee have finished the business referred to them, a member moves that the Chap. VIII.] RULES OF ORDER. 239 committee rise, and that the chairman, or some other member, report their proceedings to the assembly, which, being carried, the president resumes his seat. The chairman should then say:'" The Committee of the Whole have had under consideratiofi the matter relating to —, and have instructed me to report that," &c. The president then presents the report for the action of the assembly. If their business is unfinished, and it is resolved to rise, report progress, and ask leave to sit again, the chairman says: IC The Comnmittee of the Whole have had under consideration the subject of -; but not having had time to complete the same, have instructed me to report that they have made progress therein, and beg leave to sit again." The president thereupon puts the question on giving the committee leave to sit again. If leave is not granted, the committee is of course dissolved. 28.-lRdaes of tlte General Conference in 1860. 1. The president shall take the chair precisely at the hourm to which the conference stood adjourned, and cause the same to be opened by the readcing of the Scriptutres, singing, and prayer; and on the appearance of a quorum of 24:0 RULES OF ORDER. [Chap. VIII. C" two thirds of the representatives of all the annual conferences," shall have the Journal of the preceding session read and approved, when the business of the conference shall proceed in the following order, namely: a. Petitions, memorials, and appeals; in calling for which, the annual conferences shall be called in alphabetical order. b. Reports, first of standing, and then of select committees. c. Miscellaneous business. 2. The conference shall meet at half-past eight o'clock A. M., and- adjourn at twelve M., but may alter their time of meeting and adjournment at their discretion. 3. The president shall decide all questions of order, subject to all appeal to the conference; but in case of such appeal, the question shall be taken without debate. 4. He shall appoint all committees not specially ordered by the conference. 5. On assigning the floor to any member of the conference, he shall distinctly announce the name of the member to whom it is so assigned, and theconference he represents. 6. All motions or resolutions introduced by any member shall be reduced to writing, if the Chap. VIII.] RULES OF ORDER. 241 president, secretary, or any two members request it. 7. When a motion or resolution is made and seconded, or a report presented, and is read by the secretary, or stated by the president, it shall be deemed in possession of the Conference; but any motion or resolution may be withdrawn by the mover at any time before decision or amendment. 8. All motions to postpone or lay on the table, shall be taken without debate. 9. No new motion or resolution shall be made until the one under consideration is disposed of; which may be done by adoption or rejection, unless one of the following motions should intervene, which motions shall have precedence in the order in which they are placed, namely: indefinite postponement, laying on the table, reference to a committee, postponement to a given time, amendment, or a substitute, which may also be amended. 10. When any member is about to speak in debate, or to deliver any matter to the conference, he shall rise and respectfully address the president. 11. No member shall be interrupted when speaking, except by the president, to call him 16 242 RULES OF ORDER. [Chap. VIII. to order when he departs from the question, or uses personalities or disrespectful language; but any member may call the attention of the president to the subject when he deems a speaker out of order; and any member may explain, if he thinks himself misrepresented. 12. No person shall speak more than twice on the same question, nor more than fifteen minutes at one time, without leave of the conference; nor shall any person speak more than once until every member choosing to speak shall have spoken. 13. When any motion or resolution shall have been acted upon by the conference, it shall be in order for any member who voted in the majority to move a reconsideration. 14. No member shall absent himself from the service of the conference without leave, unless he is sick and unable to attend. 15. No member shall be allowed to vote on any question who is not within the bar when the question is put by the president, except by leave of the conference, when such member has been necessarily absent. 16. Every member who shall be within the bar at the time the question is put, shall give his vote, unless the conference, for special reasons, excuse him. Chap. VIII.] RULES OF ORDER. 243 17. No resolution altering or rescinding any rule of Discipline shall be adopted until it shall have been at least one day in the possession of the conference. 18. It shall be in order for any member to call for the yeas and nays upon any quedion before the conference, and if the call be sustained by twenty-five members present, the vote thereon shall be taken by yeas and nays. 19. It shall be in order to move that the Iquestion be taken without further debate, on any measure pending before the Conference, except in cases in which character is involved, and if sustained by a vote of two thirds, the question shall be so taken. 20. Whenever a member presents any memorial, petition, or similar paper, he shall inscribe upon it, in the following order, his own name and the name of his conference, and the charge or party from which it comes, the subject of the paper, the name of the first petitioner, and the number of names appended, and the committee to which he desires to have it referred. 21. A motion to adjourn shall always be in order, and shall be decided without debate. 244: F ORMULAS. [Chap. IX, CHAPTER IX. FORM ULAS. SECTION I.-Fornmulas for Preachers in Charge. WE would not attempt to settle the precise form in any given case, or intimate that other modes of expression may not be equally proper; but we submit the following brief forms, as general guides to young and inexperienced pastors:L-NOTE OF RECOMMENDATION TO A MEMBER. A. B., the bearer, has been an acceptable member of the Methodist Episcopal Church on this circuit, (or station.) (0 D., Preaceher inv Charge. V -, New-York. ----- -Conference. April 10, 18 Sec. I.] FOR PREACHERS IN CHARGE. 245 IL —EXHIORTER'S LICENSE. This may certify that A. B., the bearer, having been duly recommended by the class of which he is a member, is hereby authorized to hold meetings for prayer and exhortation in the Methodist Episcopal Church on N — Gircuit. C. D., Preacher in MC7arge. —, Y. -- Conference. Jan. 1,1 8 In case of renewal, let it be signed by the presiding elder, or by the preacher in charge, as president of the Quarterly Conference, "by the approval of the Quarterly Conference." IlL-NOTE OF RECOMMENDATION TO A LOCAL PREACHER. This may certify that A. B., the bearer, is a regularly authorized Local Preacher (Elder or Deacon) ifn the Methodist Episcopal Church in D-, N- Conference. A. B., P. E. on E. Di)., N. Con., or O. D., Pr. in Charge of D. Station. Jan. 1, 18. D-, N. H. 246 FO RMULAS. [Chap. IX, IV.-CLASS-BOOK. CLASS-BOOK, No. 1. January.. 0.E:._ p JlEMBEli. It uaq D- Circuit, o e A N. Conference. i. 1. 15. C. D., Leader.. _ __ T. V., M. F. C. D., Leader. P. st., 1 p. p. p. $10 00 Pr. Oin large M. F. A B,: D. h. st. p. 5p.. 10 00 M. F. M E.F a.. p. P. 15 00 Remember the fast W. F. G. H.. p. p. 10 00 on the Friday pre-IWd. F. J. K....... p... - P.. 1 00 ceding each quar- 8. T. L. M... P. P.. P 20 00 terly meeting. S. T. N. P... p P. p. d. 00 Jan. 1,18 S. T.I R's.....R...... P'. a P. 0 50 Abbreviations. M.-Married. Wd.-Widow. a.-Absent. 8.-Unmarried. F.-Full connexion. s-Sick. W.-Widower. T.-On trial.. —Out of town. p.-Present. V.-REPORT OF THE S. S. TO THE QUARTERLY CONFERENCE. Report of Sunday-School Statistics from the Preacher in Charge on to the Quarterly Conference, for the quarter ending 185 Number of Sunday schools... Number of officers and teachers. Number of scholars. Number of volumes in library. Number of Bible Classes. Number of scholars in infant classes. Total expenses of the Schools this year. Amount raised for Sunday School Union Number of Sunday-School Advocates taken Number of Conversions...... REMARKS. Signed, See. I.] FOR PREACHERS IN CHARGE. 247 VI.-CHURCH REGISTER FOR A SUCCESSOR. This should contain the names and residences of the local preachers, stewards, class-leaders, and exhorters; the board of trustees, superintendents of Sabbath schools, and the members of the several classes; and also the general plan of the circuit, the time and place for Sabbath preaching, weekly lectures, and class and prayer-meetings. VII.-R-EGISTER OF THE CHILDREN, TO BE LEFT FOR A SUCCESSOR.:Names. Parents. Residences. Remarks. A. D. 0. B. 10 Laurel-st. E. F. K. L. 5 Orange-st. G. H. M. N. 6 Elm-st. CONFERENCE REPORTS. VIII. —STATISTICAL REPORT. Newland Circuit, N. Conference, for the year enditng.May, 18 Number of Church members.... Number of deaths the past year.. Number of probationers. Number of local preachers Number of adults baptized the past year. Number of children baptized the past year. Number of churches..... Their probable value..... Number of parsonages....... Their probable value...... Amount collected for superannuated preachers. Amount collected for the Missionary Society Amount collected for the Tract Society. Amount collected for the Am. Bible Society. Amount collected for the Sunday S. Union. 248 F O R M U L AS. [Chap. IX, Number of Sunday schools.... Number of officers and teachers... Number of scholars..... Number of volumes in library... Signed, O. D., Preacher in Charge. Money for benevolent objects should be carefully done up in separate parcels, and distinctly labelled, as follows:$100. $100. MISSIONARY MONEY. AMER. BIBLE SOCIETY. NIWLAND OeROuT. NIWLAND cOICUIT. 0. D., Pr. it C7arge. C. D., Pr. ir Charge IX.-STEWARD'S CERTIFICATE. This may certify that the estimate for the support of Rev. A. B., Preacher in Charge of Newland Circuit, for the conference year ending May 1, 18, was $500. Whole claim paid. C. R., B. R., Stewards. P. S., K. R., Sec. L] FOR PRECAHERS IN CHARGE. 249 X.-BENEVOLENT INSTITUTIONS. MEMBE RSHIP. Annual Life Director Manager Patron SMembership. Membership. for Life. for Life. for Life. American Bible Society. $3 $30$* $150... Missionary Society of the M. E. Church......... 2 20*. $150 $500 Sunday-School Union of the M. E. Church..... 1 10* 50 Tract Society of the M. E. Church.............. 1 10* 25 * At one time. XI.-WILLS. As ministers are frequently called upon to write or advise in reference to the making of wills, we subjoin the following:I.-Commencement of Wills. In the name of God. Amen. I, (A. B., of C ——, &c.,) being of sound mind and memory, do make, publish, and declare this my last will and testament. \ II.-Bequests and Devises. Let these be arranged in order, thus: " First. I give and lb::ajeath unto - the sum of - dollars, and the receipt of the treasurer of the Society shall be a sufficient discharge therefor to my executors;" or, "I give and de.. vise the following (here describe the property) to the trustees of, and its use to be controlled by the said trustees, or their successors in office, for the use and benefit of —." (Here state the benevolent object to which it shall be applied.) III.-Appointment of Executor and in testimonium. And I do hereby appoint C. D., of W ——, to be the sole executor of this my last will and testament, hereby 250 FO R M U LAS. [Chap. IX, revoking, annulling, and declaring void all former wills by me at any time heretofore made. In witness whereof I have hereunto set my hand and seal this -- day of -, &c. IV.-Attestation of Wills. Signed, sealed, and declared by the said A. B. to be his last will and testament in the presence of us, who, at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names and respective places of residence as witnesses. M. M., of C ——, A.B. P. M., of -, C A. B. M. N., of --—. (Let there be three witnesses.) If the will be signed by a third person for the testator, the attestation should be as follows:Signed by the said E. F. in our presence, and in the presence of the said A. B., and by his express direction, and by the said A. B. at the same time, published and dedared as his last will and testament in the presence of the said E. F. and of us, who each, in the presence of the other and of the said A. B., and of the said E. F., have hereunto set our hands as subscribing witnesses. Sec. II.] FOR PRESIDING ELDERS. 251 SEOTION II. —Formulas for Presiding Elders. L.-LICENSE OF A LOCAL PREACHER. To all wohom it may concern. This may certify that A. B., the bearer, having been duly recommended by the society of which he is a member, and having been examined by us concerning his gifts, grace, and usefulness, is judged by us to be a proper person to be licensed, and is hereby authorized to preach the Gospel in the M. E. Church. Done at a Quarterly Conference held at Newland, this second day of May, A. D. one thousand eight hundred and Signed by order and in behalf of said conference. N. M., Secretary. C. P., Presiding Elder. II.-RECOMMENDATION TO THE TRAVELLING CONNEXION. To the Bishop and members of the N. Conference, to be held at L-, May 1, 18 DEAR FArTHERS AND BRETHREN,We, the members of the Quarterly Conference of Newland Circuit, being acquainted with the gifts, grace, and usefulness of our brother N. P., do hereby recommend him as a suitable person to be admitted on trial in the travelling connexion, he having been examined by us on the subject of doctrines and discipline. Done at a Quarterly Conference held at Newland, April 1, 18, and signed by order and in behalf of said conference. N. F., Secretary. D. G., Presiding Elder. A recommendation to the travelling connexion is not invalid if it has not been countersigned by the secretary; but all important documents of the Quarterly Conference should receive the signature of the president and secretary. 252 FORMULAS. [Chap. IX, IIL-RECOMMENDATION FOR DEACON OR ELDER'S ORDERS. To the Bishop and members of the N. Conference, to be held at G —-, McIay 1,18 DEAR FATHERS AND BRETHREN,We, the members of the Quarterly Conference of Newland Circuit, being acquainted with the gifts, grace, and usefulness of our brother N. P., do hereby recommend him as a suitable person to be ordained deacon (or elder) in the Methodist Episcopal Church, he having been for four consecutive years a regularly licensed local preacher, (or having held the office of deacon for four consecutive years,) and having been examined before us on the subject of doctrines and discipline. Done at a Quarterly Conference held at Newland, Jan. 1, 18, and signed in behalf of said Quarterly Conference. P. G., Presiding Elder. S. H., Secretary. If the local deacon cannot attend the annual conference, he must subscribe his name to a note like the following, which should be appended to the preceding recommendation:This may certify that I firmly believe the doctrines taught by the Methodist Episcopal Church, and cordially approve of her form of Discipline. Newieland, Jan. 1,1 8. N. P. It is recommended that in all cases the signature of the local deacon be appended to a note like the above, whether he can or cannot attend the annual conference. Sec. II.] FOR PRESIDING ELDERS. 253 IV.-RECOMMENDATION FOR RECOGNITION OF ORDERS. To the Bishop and members of the N. Conference, to be held at C ——, May 1, 18 DEAR FATHERS AND BRETHREN, — This is to certify that A. B. has been admitted as a local preacher on the Newland Circuit, and he, having been ordained to the office of elder according to the usages of the C — — Church, of which he has been a member and minister, is hereby recommended as a suitable person to be recognised as an elder in the Methodist Episcopal Church, he having been examined by us on his agreement with the doctrines, discipline, government, and usages of our Church. Done at a Quarterly Conference held at Newland, April 1, 18, and signed by order and in behalf of said conference. N. F., Secretary. D. G., Presiding Elder. V.-RECOMMENDATION FOR RESTORATION OF CREDENTIALS. To the Bishop and members of X. Conference, to be held at ---—, April 1, 18 DEAR FATHERS AND BRETHIREN,We, the members of the Quarterly Conference of Newland Circuit, hereby recommend the restoration of the credentials of N. M., he having been admitted as a local preacher on the Newland Circuit, and having been examined by us on the subject of doctrines and discipline. Done at a Quarterly Conference held at Newland, March 1, 18, and signed by order and in behalf of said conference. P. M., Secretary. C. G., Presiding Elder. 254 FORMULAS. [Chap. IX, VI.-SUPERANNUATED PREACHER'S CERTIFICATE. To the Bishop and members of the N. Conference, to be held at L, JMay 1, 18 DEAR FATHERS AND BRETHREN,This may certify that A. B. has resided during the past year within the bounds of the O. Circuit, II. District, N. Conference, and sustained an irreproachable Christin an anministerial character. Brother D. has a wife, one child under seven years of age, and one between the ages of seven and fourteen years, and, in my judgment, requires for their support his full disciplinary allowance, the sum of - dollars. Signed by order and in behalf of said quarterly conference. C. D., Presiding Elder of H. Dist., or A. L., Pr. in Charge on 0. Circuit. 0., March 1, 18 Chap. X.] COURSE OF STUDY. 255 CHAPTER X. COURSE OF STUDY..SECTION I.-For Candidates for Admission on Trial in the Travelling Connexion. ENGLISH Grammar; Modern Geography; True's Logic; Newman's Rhetoric. [Read Porter's Compendium of Methodism; Wesley's Sermons.] SECTION II.-For Conference Membershi2p and fobr Orders. FIRST YIEAR. The Bible - Doctrines. The Existence of God; the Attributes of God, namely: Unity, Spirituality, Eternity, Omnipotence, Ubiquity, Omniscience, Immutability, Wisdom, Truth, Justice, Mercy, Love, Goodness, Holiness; the Trinity in Unity; the Deity of Christ; the Humanity of Christ; the Union 256 COURSE OF STUDY. [Chap. X; of Deity and Humanity; Personality and Deity of the Holy Ghost; Depravity; Atonement; Repentance; Justification by Faith; Regeneration; Adoption; the Witness of the Spirit; Growth in Grace; Christian Perfection; Possibility of Final Apostasy; Immortality of the Soul; Resurrection of the Body; General Judgment; Rewards and Punishments. [The examination on the above to be strictly Biblical, requiring the candidate to give the statement of the doctrine and the Scripture proofs. To prepare for this he should read the Bible by course, and make a memorandum of the texts upon each of these topics as he proceeds.] Watson's Institutes, First Part; Wesley's Plain Account of Christian Perfection;;Fletcher's Appeal; Clark's Mental Discipline. Essay or Sermon. [Read Wesley's Notes; Stevens's History of Methodism; Willson's General History.] SE COONDI':TE A1E2. The Bible - Saceraments. The Sacrament of Baptism — its Nature, Sec. II.] CONFERENCE MEMBERSHIP. 257 Design, Obligation, Subjects, and Mode; the Sacrament of the Lord's Supper-its Nature, Design, and Obligation. [Mode of study and examination same as on Bible in the first year.] Watson's Institutes, Second Part; Peck's Christian Perfection, 12mo.; Fletcher's Christian Perfection; Strickland's Manual of Biblical Literature; Methodist Discipline; Mitchell's Ancient Geography. Essay or Sermon. [Read Bishop Emory's Defence of our Fathers; Powell on Apostolical Succession; Dr. Emory's History of the Discipline; Wesley on Original Sin, and Wesley's Doctrinal Tracts; Johnston's Natural Philosophy.] r[EII~1ED'E:AI-. -Bible - History and Chronology. Watson's Institutes, Third Part; Butler's Analogy; Peck's Rule of Faith; Hibbard on.Baptism; Ruter's Church History; Blair's Lectures on Rhetoric, University Edition; Hedge's Logic. Essay or Sermon. 17 258 -COURSE OF STUDY. [Chap. X, [Read Bangs's History of the Methodist Episcopal Church; Elliott on Romanism; Fletcher's Works; Rollin's Ancient History; Smith's Patriarchal Age; Hallam's Middle Ages; Russell's Modern Europe.] Review of the whole Co wse. Watson's Institutes, Fourth Part; Claude's Essay on the Composition and Delivery of a Sermon; Horne's Introduction, abridged; Stewart's Mental Philosophy. Essay oi Sermon. [Read Smith's Hebrew People; Mosheim's Ecclesiastical History; Townley's Illustrations of Biblical Literature; Watson's Sermons; History of the United States; Stevens's Church Polity; Hibbard's Palestine — its Geography and Bible History.] SECTION' III. —For local Preachers who are Candcldates for.Deacon's Orders. The Bible - Doctrines. The Existence of God; the Attributes of God, namely: Unity, Spirituality, Eternity, Ounipo Sec. IIL] LOCAL PREACHE.RS. 259 tence, Ubiquity, Omniscience, Immutability, Wisdom, Truth, Justice, Mercy, Love, Goodness, Holiness; the Trinity ini Unity; the Deity of Christ; the Humanity of Christ; the Union of Deity and Humanity; Personality and Deity of the IToly Ghost; Depravity; Atonement; Repentance; Justification by Faith; Regeneration; Adoption; the Witness of the Spirit; Growth in Grace; Christian Perfection; Possibility of Final Apostasy; Immortality of the Soul; Resurrection of the Body; General Judgment; Rewards and Punishments. The Bible - Sacraments. The Sacrament of Baptism-its Nature, Design, Obligation, Subjects, and Mode; the Sacrament of the Lord's Supper-its Nature, Design, and Obligation. [The examination on the above subjects is to be strictly Biblical, requiring the candidates to give the statement of the doctrine and the Scripture proofs. To prepare for this, he should read the Bible by course, and make a memorandum of the texts upon each of these topics as he proceeds.] Systerncatic Divinity. Watson's Institutes, Parts First and Second; 260 COURSE OF STUDY. [Chap. X, Wesley's Plain Account of Christian Perfection; Fletcher's Appeal. Church Government. Methodist Discipline. Common English. English Grammar; Modern Geography. [Read Watson's Life of Wesley; Wesley's Sermons; Emory's Defence of our Fathers; Powell on Apostolical Succession.] SECTION IV.-For -Local Preachers who are Candidates for Elder's Orders. Review of the previous course. Bible - History. The leading events recorded in the Old and New Testaments. Systematic Divinity. Watson's Institutes, Parts Third and Fourth. An Essay or Sermon. [Read Fletcher's Checks; Smith's Hebrew People; Ruter's Church History; Porter's Compendium of Methodism.] Sec. V.] GERMAN PREACHERS. 261 SECTION V.-For the German Travelling Preachers. (Same as in the English Course.) Wesley's Sermons, Vol. I; Compendium of Methodism; Church History, published by the Norddeutschen Verein, Vol. I; Wurst's Grammar of the German Language, sections 1-8, 43-80. A Written Sermon. [Read Watson's Apology for the Bible; D'Aubign6's History of the Reformation, Vol. I; Fletcher's Appeal.] N.B. —Those who find Wurst's Grammar too difficult may use Splittegarb's Grammar. To those who understand the English language we recommend Woodbury's Grammar of the German Language. SECOND YEA:R. The Bible - Sacraments. (Same as in the English Course.) Hare on Justification; Wesley's Christian Perfection; the Discipline; Church History, 262 coURSE OF STUDY. [Chap. X, Vols. II and III; Wurst's Grammar of the German Language, sections 9-42. A Written Sermon on Baptism. [Read Nelson's Causes of Infidelity; Haldane's Genuineness and Justification of the Holy Scriptures; D'Aubign.'s History of the Reformation, Vol. II; Wesley and his Coadjutors, by W. Nast.] T:EI-IRD Y7EAR. Kurtz's Sacred History; the Philosophy of the Plan of Salvation; Zeller's Psychology; Church History, Vols. IV and V; Woodbury's Grammar of the English Language. A Written Sermon on the Difference of Justification and Sanctification. [Read D'Aubign6's History of the Reformation, Vol. III; Ralston's Elements of Divinity; HIibbard on Baptism. FOUIRTH1 YEAR. Lisco's Exposition of the Apostles' Creed; Nast's General Introduction into the New Testament; Bishop Baker's Guide to the Discipline; Church History, Vols. VI and VII; Woodbury's Grammar of the English Language. Sec. VII.] GERMAN LOCAL ELDERS. 263 A Written Sermon on the Lord's Supper. [Read Weber's Universal History; D'Aubign6's History of the Reformation, Vols. IV and V; Stevens's History of Methodism, Vol. I.] SECTION VI.-For German ZLooal.Deactons. Compendium of Theology, by L. S. Jacoby; Discipline; Wesley's Sermons, Vol. I; Hare on Justification. [Read Fletcher's Appeal; Compendium of Methodism; Watson's Apology.] SECTION VII.-For German -Local Elder&s Lisco's Exposition of the Apostles' Creed; Wesley's Sermons, Vol. II; Wesley's Christian Perfection; Calwer Church History. [Read Nast's Wesley and his Coadjutors; Haldane on the Genuineness and Inspiration of the Holy Scriptures; Zeller's Psychology.] THE ENID. BOOKS JUST PUBLISHED BY CARLTON & PORTER, 200 Mulberry-street, New York MY SISTER MARGARET. A Temperance Story. By Mrs. 0. M. EDWARDS. Four Illustrations. Large 16mo. Price, 80 cents. The American Temperance Journal says of this work: "' This is a book which we venture to say, will have its hundred thousand readers. it is in the best style of the old Temperance Tales, by Sargent. We commend this book for extensive circulation. We are sure it will have it." " It is a powerful story, exhibiting the progress to ruin of a respectable tippling family. Mrs. Edwards writes admirably well." -Baltimore Advocate. HIDDEN TREASURE; Or, The Secret of Success in Life. By Miss SARAH A. BABcoOe, Author of "Itinerant Side." Four Illustrations. Wide 16mo. Price, 60 cents. A most entertaining volume. The "' Secret of Success in Life" is unfolded, leaf after leaf, in a very impressive manner. The pages glow with pathos, and the noblest and most important truths are displayed with beautiful attractiveness in the well drawn characters. True charity of purse and charity of soul are rarely so well intermingled and delineated. IMMORTALITY OF THE SOUL And the Final Condition of the Wicked carefully considered. By Rev. ROBERT W. LANDIS. 12mo. Price, $1 25. " As a whole, it is worthy of IGn rXRAISE."-N Y. Evangelist, SUNDAY SCHOOL ADVOCATE, Which has an INCREASING subscription list of over TWO HUNDRED THOUSAND. NEW BOOKS JUST PUBLISHED BY CARLTON & PORTER, 200 Mulberry-street, New York. A NEW PRONOUNCING BIBLE, In which all the proper names are divided and accented as they should be pronounced, and a copious and original selection of References and numerous Marginal Readings are given, together with Introductions to each Book, and numerous Tables and Maps. Royal octavo. Price from $2 50 to $7 00. This is the ONLY one in print of the kind, embracing new and improved MAPs, new REFERENCES, and much instruction necessary to a right understanding of the Scriptures-proper names divided and accented as they are to be pronounced. SKETCHES OF NEW ENGLAND DIVINES. By Rev. D. SHERMAN. 12mo. Price, $1 00. Giving true and interesting biographical sketches of the following distinguished divines: John Cotton, Richard Mather, Roger Williams, Increase Mather, Cotton Mather, Eleazer Mather, John Warham Jesse Lee, Jonathan Edwards, Eliiah Hedding, Timothy Dwight, Wilbur Fisk, Ezra Stiles, Lemuel Haynes, Billy. Hibbard, Timothy Merritt, Jonathan D. Bridge, Nathaniel [Emnons, Joshua Crowell, George Pickering, Stephen Olin. THE CHRISTIAN LAWYER: Being a Portraiture of the' Life and Character of WILLIAM GEORGE BAKER. 12mo, Price, $1 00. This is a well written memoir and deserves to be generally read. A good holiday gift-book for our legal friends. IMMORTALITY OF THE SOUL And the Final Condition of the Wicked carefully considered. By Rev. ROBERT W. LANDIS. 12mo. Price, $1 25. 6 As a whole, it is worthy of HIG P RAISE."-N —. I. Etlagelist PUBLISHED BY CARLTON AND PORTER, 200 lualberry-street, New York. The Young Lady's Counselor; Or, Outlines and Illustrations of the Sphere, the Duties, and the Dangers of Young Women. By Rev. D. WIsE. 12mo., pp. 251. Price, 55 cents; gilt edges, 75 cents, silk, $1 00. 36th thousand. The Young Man's Counselor; Or, Sketches and Illustrations of the Duties and Dangers of Young Men. Designed to be a Guide to Success in this Life, and to Happiness in the Life which is to come. By Rev. D. WISE, 12mo., pp. 255. Price, 55 cents: gilt edges, 75 cents. 35th thousand. The Path of Life; Or, Sketches of the Way to Glory and Immortality. A Help to Young Christians. By Rev. DANIEL WISE. 16mo., pp. 246. Price 50 cents; gilt edges,75 cents. 40th thousand. The object of this book, to " help young Christians," is truly great and noble. The author, we think, has carried out his design with signal ability. Mr. Wise writes with great clearness, and is always both attractive and instructive. Bridal Greetings, With Marriage Certificate. By Rev. D. WISE. 24mo., pp. 160. Price, 30 cents; silk, 45 cents. 24th thousand. This work is intended for a gift book to the newly married. It is eminently practical in its hints, and being cheap, is just the thing for ministers to present to parties whose marriage they are employed to solemnize. Guide to the Saviour; Or, the Lambs of the Flock of Jesus. By Rev. D. WIsE. 8th thousand. Just the thing for little children. The Swiss Reformer; Or, the Life of Ulric Zwingle. By Rev. DANIEL WISE. 8th thousand. Wanderer, Come Home; [In preparation.] Or, the Good Shepherd seeking his Lost Sheep: being an affectionate Call to Backsliders. By Rev. D. WISE., BOOKS FOR SUNDAY SCHOOLS. 200 Mulberry-street, New York. MISSIONS IN WESTERN AFRICA. Including Mr. Freeman's Visit to Ashantee. Four Illustrations. 18mo. Price, 20 cents. AN ESSAY ON SECRET PRAYER, As the the Duty and Privilege of Christians. By JOSEPH ENTWISLE, Minister of the Gospel. 18mo. Price, 13 cents. JUVENILE TEMPERANCIE MVANUAL, And Facts for the People. By D. GOHEEN, Columbia, Pa. 18mo. Price, 13 cents. SCRIPTURE PROPHECY. Fulfillment of Scripture Prophecy, as Exhibited in Ancient History and Modern Travels. By STEPHEN B. WIcKENS. Three Illustrations. 18mo. Price, 30 cents. LIPFE 03P THE APOSTLE JOHN. By Rev. DANIEL SMITH. 18mo. Price, 24 cents. HISTORY OF' THE PATRIARCH JACOB. By Rev. DANIEL SMITH. Five Illustrations. 18mo. Price, 22 cents. THEf LIFEIP O03 HEZZEKIAH. By Rev. DANIEL SMITH. 18mo. Price, 15 cents. THE LIFE OF JOSHUA. By Rev. DANIEL SMITH. Three Illustrations. 18mo. Price, 22 cents. DEAF AND DUMB. Recollections of the Deaf and Dumb. 18mo. Price, 18 cents. THE LI'FEl OF ELIJAE. By Rev. DANIEL SMITH. Five Illustrations. 18mo. Price, 21 cents. THE WATERLOO SOLDIER. Three Illustrations. 18mo. Price, 14 cents. SUPERSTITIONS OF BENGAL:Anecdotes of the Superstitions of Bengal, for Young Persons. By ROBERT NEWSTEAD, Author of "Ideas for Infants." 18mo Price, 15 cents. 5 BOOKS FOR YOUNG PEOPLE. 2.00 Mulberry-street, New York, PLEASANT PATHWAYS; Or, Persuasives to Early Piety: containing Explanations and Illustrations of the Beauty, Safety, and Pleasantness of a Religious Life: being an Attempt to persuade Young People of both Sexes to seek Happiness in the Love and Service of Jesus Christ. By DANIEL WISE, author of " The Path of Life," "Young Man's Counselor," etc., etc. TwoIllustrations. Wide 16mo. Price, 60 cents. The works of this author have secured him the reputation of one of the most eloquent and fascinating religious writers of the day. As a writer for youth we know of no one whom we should regard as his equal. The book before us will be found more fascinating than a novel; once commnenced it will not be easy to lay it down.-Christicna Guardian. One of the most beautiful works, in our estimation, ever published. Its contents are as sands of gold-peculiarly adapted to impart precious thoughts which shall tend to noble aspirations for a Christian life.Butfalo Advocate. Well calculated to exert a salutary influence.-Christincr Isztelligencer. Can scarcely be read without signal benefit, especially by the young.Pittsburgh Christian Advocate.. Remarkable for depth of reasoning and tenderness. It must, by the blessing of God, win many to Christ. Praise God for such works.Beauty of Holisness. It does not clothe piety in weeds or hang salvation in black. It combines the good, the beautiful, and the true.-Northwestern Christian A dvocate. Will be read with lively interest by youth who are even uninterested in its purpose. The Christian parent can put it into the hands of his children with the assurance that it will prove a delight to them, while they cannot fail to learn its great lessons. —Christian Advocate. Admirably adapted to do good. —Vermont Christian Messenger. PALISSBY TH:E POTTER; Or, the Huguenot, Artist, and Martyr. A true Narrative. By C. L. BRIGHTWELL. Eighteen Illustrations. Wide 16mo. Price, 75 cents. Bernard de Palissy is the most perfect model of the workman. It is by his example, rather than by his works, that he has exercised an influence upon civilization, and that he has deserved a place to himself among the men who have ennobled humanity. Though he had remained unknown and listless, making tiles in his father's pottery; though he had never purified, molded, or enameled his handful of clay; though his living groups, his crawling reptiles, his slimy snails, his slippery frogs, his lively lizards, and his damp herbs and dripping mosses had never adorned those ~l.shes, ewers, and salt-cellars-those quaint and elaborate ornaments of the tables and cupboards of the sixteenth century; it is true nothing would have been wanting to the art of Phidias or of Michael Angelo-to the porcelain of Sevres, of China, of Florence, or Japan; but we should not have had his life for the operative to admire and imitate.-Lamnartine.'TE RAINBOW SIDE: A Sequel to "The Itinerant." By Mrs. C. M. EDWARDS- Four Illustrations. Wide 16mo. Price, 70 cents. 18 BOOKS FOR YOUNG PEOPLE. 200 Mulberry-street, New York. THE POET PRE:ACH(HER: A Brief Memorial of Charles Wesley, the eminent Preacher and Poet. By CHARLES ADAMS. Five Illustrations. Wide 16mo. Price, 65 cents. WORDS THAT SHOOK THE WORLD; Or, Martin Luther his own Biographer. Being Pictures of the Great Reformer, sketched mainly from his own Sayings. By CHARLES ADAMIS. Twenty-two Illustrations. Wide 16mo. Price, 75 cents. IMINISTERING CHILDREN: A Story showing how even a Child maybe as a Ministering Angel of Love to the Poor and Sorrowful. Wide 16mo., muslin, 90 cents. Illustrated edition, morocco, $2 00. This is one of the most moving narrations in the whole list of our publications. Its sale in England leas reached 40,000 copies. The illustrated edition contains more than a dozen superb cuts on plate paper. THE MINISTRY OF LIFE. By MARIA LouISA CHARLESWORTH, Author of "Ministering Children," etc., etc. live Illustrations. Wide 16mo. Price, 90 cents. ITIN:ERANT SID~E; Or, Pictures of Life in the Itinerancy. Illustrated. Wide 16mo. Price, 60 cents. THE OBJECT OF LIPE: A Narrative illustrating the Insufficiency of the World, and the Sufficiency of Christ. Four Illustrationi. Wide 16mo. Price, 75 cents. LADY HUNTINGDON PORTRAYED; Including Brief Sketches of some of her Friends and Co-laborers. By the Author of "The Missionary Teacher," "Sketches of Mission Life," etc. Five Illustrations. Price, 75 cents. THE MOTHER'S MISSION. Sketches from Real Life. By the Author of "The Object of Life." Five Illustrations. Wide 16mo. Price, 75 cents. MY SISTER MARGARET., A Temperance Story. By Mrs. C. M. EDWARDS. Four Iltistra. tCons. Wide 16mo. Price, 75 cents. 14 BOOKS FOR SUNDAY SCHOOLS. 200 Mulberry-street, New York. LIPE 0 P ADAM CLARKE. An Account of the Religious and Literary Life of Rev. Adam Clarke, LL.D. 18mo. Price, 24 cents. LIFE OF MRS. COKE. Memoir of Mrs. Penelope Goulding Coke, by her Husband, the late Rev. DR. COKE. 18mo. Price, 16 cents. LIFE OF JOSEPH COWLEY. Sketch of the Life and Character of the late Mr. Joseph Cowley, Superintendent of Red Hill Sunday School, and Senior Secretary of the Sunday School Union, Sheffield. By JoIN HOLLAND, Author of the Life of Summerfield. 18mo. Price, 17 cents. A VOYAGE TO CEYLON: With Notices of the Wesleyan Mission on that Island. By a Surgeon. 18mo. Price, 18 cents. THE CEYLONESE CONVERTS: Brief Memoirs of Frederic Hesler and Donna Wilmina, with Interesting Notices of others in the Ceylon Schools. By ROBERT NEWSTEAD. 18mo. Price, 17 cents. WANDERI:INGS AND ADVENTUBEFS. Steedman's Wanderings and Adventures in the Interior of Southern Africa. Abridged by Rev. DANIE SMITH. 18mo. Price, 23 cents. THE SUNDAY-SCHOOL ORATOR: Being a Collection of Pieces, original and si-leeted, both in Prose and Verse, for Sabbath-School Anniversaries By GEORG;on COLES. 18nmo. Price, 19 cents. THE. LIFE] O0F E.LISHA. By Rev. DANIEL SMITH. Two Illustrations. 18me Price, 17 cents. LIPE. OF SOLOMON, KING OF ISRAEL By Rev. DANIEL SMIITH. Four Illustrations. 18mo. Pi;co, 20 cents. THE HISTORY OF SARAH BREWER, A Poor Orphan. Four Illustrations.- 18mo. Price, 14 cents. THE SOLDIER'S FUNERAL. Illustrated. 18mo. Price, 12 cents. 6 BOOKS FOR SUNDAY SCHOOLS. 200 Mulberry-street, New York. THE E.ARLY DEAD: Containing Brief Memoirs of Sunday-School Children. Three volumes, 18mo. Price, 53 cents. HOSTETLER; Or, The Mennonite Boy converted. A true Narrative. By a Methodist Preacher. Two Illustrations. 18mo. Price, 19 cents. MIOUNTAINS OF THE BIBLE. Conversations on the Mountains of the Bible, and the Scenes and Circumstances connected with them in Holy Writ. Supplementary to the " Mountains of the Pentateuch.". By E. M. B. Four Illustrations. 18mo. Price, 23 cents. A MINISSIONARY NARRATIVE13 Of the Triumphs of Grace, as seen iii the Conversion of Kaffirs, Hottentots, Fingoes, and other natives of South Africa. By SAMUEL YOUNG, twelve years a Missionary in that Country. 18mo. Price, 21 cents. JULIANA OAILEY. A Tale. By MRS. SHERWOOD, Author of "Little Henry and his Bearer." Two Illustrations. -18mo. Price, 17 cents. ERMINA: The Second Part of Juliana Oakley. By MRS. SHERWOOD. Five Illustrations. 18mo. Price, 19 cents. THEE DAIRYMAN'S DAUGHTER: An Authentic Narrative. By Rev. LEGCH RICHMOND. A new edition, comprising much additional matter. 18mo. Price, 22 cents. LITTLE JANEi; Or, The Young Cottager; The Negro Servant; and other Authentic Narratives. By Rev. LEGH RICHIMOND. With Illustrations. 18mo. Price,.22cents. LIFE OF1 REV. LEGII IRICHMOND, Author of the "Dairyman's Daughter," "Young Cottager," etc. By STEPHEN B. WICKENS. 18mo. Price, 27 cents. SCENES IN THE! WILDERNESS: An Authentic Narrative of the Labors and Sufferings of the MIoravian Missionaries among the North American Indiana By Rev. AILVrIAM MI. WILLETT. 18mo. Price, 24 cents.