such acts, orders, and decisions relating to the cause as either party may desire, and the judg ment and sentence. To this should be added notice of appeal, if taken. The president of the court is bound to present these complete records to the appellate court. 16. The trial must be held to the charges and specifications brought against the accused. If a different crime is proved from the one alleged, he cannot be convicted, unless there is a new bill of charges setting forth the offense, and a trial de novo. 17. No one can be held to answer on a second indictment for any offense of which he has been acquitted, by a competent Church-court, on the facts and merits. But if he was acquitted upon the ground of a variance between the indictment and the proof, or upon any exception to the form of the indictment, he may be tried on a new process, and convicted of the same offense, notwithstanding such former acquittal. 18. When a charge of slander is preferred by one member or minister against another, it is lawful for the accused to prove the truth of his statements as a ground of justification. 19. Immaterial averments which might be expunged from the record without affecting it, should be regarded as surplusage, and need not be proved. 20. Omissions and errors, when the true intent evidently appears, may be corrected; but no amendment, during the progress of the trial, can be admitted which in any degree changes the issue. During the trial, a new charge or specification cannot be admitted; neither can a charge or specification be withdrawn after evidence has been taken on it, without the consent of both parties.* 21. When the question is raised in a Quarterly Conference, under what rule of Discipline a charge is to be tried, the President of the Quarterly Conference must decide, subject to appeal. A Presiding Elder decided in the case of a local preacher complained of for having the art and science of modern dancing taught, that the case came under the rule of the Discipline forbidding "improper tempers, words, or actions." This decision, on appeal, was sustained by the Bishop, on the ground "that it is contrary to the spirit of the Discipline and of the New Testament to teach the art and science of modern dancing anywhere, or to practice promiscuous dancing anywhere," and all the Bishops concurred.† *College of Bishops, 1859. CHAPTER V. OF TRIALS. SEC. I.-TRIAL OF A MEMBER. 1. No member can be put on his trial for crime or immorality unless on presentment of three other members, who, as a committee, have investigated the case. 2. If such investigation should result in raising a strong presumption of the guilt of the party implicated, the committee, without waiting for positive and undoubted evidence of guilt, should put the case in the way of trial.* The Discipline directs that if the committee "judge a trial to be necessary, they shall appoint one of their number to prepare a bill of charges and specifications, and also to prosecute the case" in the name of the Church. "Upon the presentation of such bill of charges" the preacher in charge must take measures for trial thereon. 3. Great caution ought to be exercised by investigating committees in receiving accusations *See Chapter IV., Sec. 5, on Order of Proceedings. from any one who is known to indulge a malignant spirit toward the accused, who is not of good character, who is himself under censure or process, who is particularly interested in the conviction of the accused, or who is known to be rash, litigious, or highly imprudent. 4. It is discretionary with the preacher whether the trial shall be before a "select number"- that is, a committee-or before the whole Church-that is, the Society where the accused holds his membership; but the instances will ever be rare in which it is expedient or practicable to call together a whole Society to sit on a trial. In selecting the committee for the trial of a member, 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 number of them to form a respectable court; for the decision of so important a matter should not be left to two or three individuals. A fit time and place should be appointed for a fair investigation: time enough should be taken for that object, even if it require an adjournment from day to day: nothing should be done in a hurry where so important an interest is pending as membership in the Church. The accused person should be furnished in season for preparation with the matter of which he is accused; and if he be ignorant, or incapable of managing his own cause, a capable and honest member should be employed to assist him, that no advantage be taken of one of the least of the children of God. (Hedding.) 5. No member of the Quarterly Conference should be on the committee if other suitable persons can be found, that in case of appeal, the accused may have the benefit of a full and uncommitted tribunal. 6. The accused should not, of course, be allowed directly or indirectly to pack a jury of his friends, and so defeat the ends of justice; neither should those be appointed who are prejudiced against him. He is allowed to challenge two out of a committee of five, and the like ratio for any other number; the challenge, however, is not peremptory, but for cause. If he can show a good reason why any juror should not sit on his case, a judicious administrator will supply his place with another. 7. "If the accused person evade a trial by absenting himself, after sufficient notice given him," the preacher in charge is not to esteem him guilty upon his own judgment, and proceed to pronounce suspension or expulsion. The committee should consider the case, taking such evidence as is necessary. If the circumstances afford strong presumption of guilt, the accused |