Now then we are ambassadors for Christ, as though God did beseech you by us: we pray you in Christ's stead, be ye reconciled to God."
2 Corinthians 5:20
   

The Charges against Brian Schertley
 
 1. The American Presbytery hereby prefers the following charges against Pastor Brian Schwertley in the congregational presbytery of the Covenanted Reformed Presbyterian Church of Manawa:
 
 a. violations of the fifth commandment ("It is required of superiors . . . to love . . . their inferiors; . . . and by grave, wise, holy, and exemplary carriage, to procure glory to God, honour to themselves, and so to preserve that authority which God hath put upon them", WLC #129; "The sins of superiors are . . . provoking them [inferiors] to wrath; or any way dishonouring themselves, or lessening their authority, by an unjust, indiscreet, rigorous, or remiss behaviour", WLC #130):
 
 (1) a failure to follow proper procedure in disciplinary matters and a failure to lead the church into a proper understanding of disciplinary procedure;
 
 (2) the intended erasure from the membership roll of a family that had requested transfer to another CRPC congregation;
 
 (3) prior to notice being given to that family of the intended erasure from the roll and notification of their right to appeal, the public declaration that that family had been erased from the roll;
 
 (4) the refusal (despite numerous requests) to allow the head of that family to have access to the tape recording of a congregational meeting which he did not attend, but at which he and his wife were discussed and during which the head of the family was allegedly slandered;
 
 (5) the refusal (despite numerous requests) to allow the head of that family to have access to the tape recording of a counseling session between the family and the Session.
 
 b. violations of the third commandment ("The sins forbidden in the third commandment [include] . . . violation of our oaths and vows, if lawful", WLC #113) and of the ninth commandment ("The duties required in the ninth commandment are, the preserving and promoting of truth between man and man, and the good name of our neighbour, as well as our own; appearing and standing for the truth; and from heart, sincerely, freely, clearly, and fully, speaking the truth, and only the truth, in matters of judgment and justice, and all other things whatsoever . . . [and] keeping of lawful promises", WLC #144; "The sins forbidden in the ninth commandment are, . . . giving false evidence, . . . concealing the truth, . . . [and] breach of lawful promises", WLC #145):
 
 (1) willful disregard of and failure to abide by the denominational standards which represents a failure to keep one's word (he took these ordination vows: "Do you approve of and agree to uphold the government, discipline and worship of the Covenant Reformed Presbyterian Church as contained in the Book of Church Government?"; "Do you acknowledge the rightful authority of the Covenant Reformed Presbyterian Church, and do you promise to perform your office faithfully in the same and to show all proper regard for its laws and ordinances and all suitable obedience to its government in the Lord?");
 
 (2) at the November 1-2, 2005, meeting of the American Presbytery, Mr. Schwertley was asked directly if there was any further matter of significance from the Manawa congregation, and he at first declined to indicate that the congregational presbytery was intending to take the congregation out of the denomination, even though he knew that that action had been taken by the Manawa congregational presbytery;
 
 (3) at the December 29, 2005, meeting of the American Presbytery, he stated that the oath which he took was not intended to be the oath which we received, in that the oath he intended to take included undisclosed exceptions;
 
 (4) in his letter to the American Presbytery delivered on December 29, 2005, he made an untrue statement in that he stated that the Manawa elders intended to bring up the matter of withdrawal under church reports.
 
 Witnesses and Evidence: Pastor Geoff Donnan, 13950 - 122nd Street, Fellsmere, Florida 32948-6411; Elder Olev Tauts, E1575 Johnson Road, Iola, Wisconsin 54945; Elder Jim Brown, 4833 Village Court, Apt. 4, Nashotah, Wisconsin 53058; Richard and Susie Caplinger, W16283 County Rd. Z, Birnamwood, Wisconsin 54414; Manawa Session minutes; forms filled out by Mr. Schwertley when he applied for membership in the CRPC; Elder Jim Brown, 4833 Village Court, Apt. 4, Nashotah, Wisconsin 53058; Pastor Martin Waltho, N8005 Nollenberg Road, Manawa, Wisconsin 54949; correspondence from Mr. Brown (March 6, August 6, September 18, 2005); Mr. Fred Fleming, 635 Dorr Street Antigo, Wisconsin 54409; tapes which were supplied to the American Presbytery; tape of the December 18, 2005, meeting with Marty Waltho; tape of the December 29, 2005, meeting; letter signed by Brian Schwertley from the Manawa congregational presbytery to this meeting of the American Presbytery.
 
 2. The American Presbytery of the Covenant Reformed Presbyterian Church hereby directs the congregational presbytery of the Covenanted Reformed Presbyterian Church of Manawa that since that body as a whole has been involved in the very matters aforementioned, the only appropriate action for that congregational presbytery is to refer these charges to another CRPC congregational presbytery or to the American Presbytery itself (in accord with the spirit of DCD 6); and also hereby instructs the congregational presbytery of the Covenanted Reformed Presbyterian Church of Manawa to report within twenty (20) days as to what action it has taken in the matter.  
 
 3. Pastor Frank J. Smith is hereby appointed to represent these charges before the congregational presbytery of the Covenanted Reformed Presbyterian Church of Manawa.
 
 4. The American Presbytery hereby appoints a special judicial commission (DCO 10:4), consisting of all members of the Sheboygan and Janesville Sessions, with a quorum of any three, to adjudicate any and all matters pertaining to Pastor Schwertley, including those that arise from the action of the American Presbytery and those that may arise by complaint; and further authorizes this commission to act to appeal all appropriate matters for adjudication should the Manawa Session fail or refuse to act according to the American Presbytery direction (DCD 4:2).
 
 GROUNDS:
 (1) Pastor Brian Schwertley was received by the Covenant Reformed Presbyterian Church in June 2004, and affirmed that he had read and would abide by the denominational standards.
 (2) Mr. Schwertley was received upon his having read the documents and having not voiced his significant objection to them at the time with regard to matters of discipline.  
 (3) Furthermore, Mr. Schwertley voted in the affirmative to adopt the new Constitution and the revised By-laws, both at the October 2004 meeting in Manassas, Virginia, and the January 2005 meeting in Fellsmere, Florida, thereby reaffirming his favor of the documents without contestation at those two meetings.
 (4) It is apparent that there have been numerous instances over the course of his ministry in the Covenant Reformed Presbyterian Church that evidence that he has not only failed to adhere to those standards, but indeed has willfully disregarded them and willfully treated his own denomination with contempt.
 (5) DCD 4:2 states: "Congregational presbytery shall receive from regional presbytery all matters pertaining to the character, ethic, and behavior in the credentials of a minister of the Word and shall become the court of original jurisdiction in all such matters from that point onward. If any matter pertaining to credentials was found to have been willfully misrepresented to presbytery by such minister of the Word, the presbytery will choose one of its members to represent a charge to the congregational presbytery of that minister's church. If not satisfied with the decision of that local court, the presbytery may then, by its own appeal, bring the matter to the appellate level. . . ."
 
 (6) The matters referenced above are serious and strike at the heart of what it means to be a good presbyter, as well as what it means to be pastoral.
 
 (7) The American Presbytery hereby states that since these matters are public in nature, and since Mr. Schwertley has not been repentant in them, proceeding directly to the institution of judicial charges is warrantable.