The Dying Mans Testament to the Church of Scotland, Part 2 · Chapter 9
CHAP. IX. Concerning what is to be done, when men appear neither serious nor obstinat.
IT may be now asked, What is to be done in reference to those who, after some grosle offence, can neither be counted thus serious, nor yet obstinat? Ans. Such cases may be frequent; Concerning which we say, 1. That it is neither fit altogether to absolve them, as being fully satisfied, nor yet to proceed to the highest Sentence with them, nor to leave them altogether without a rebuke. But in the second place, we say, That it is fit to proceed to rebuke them according to the direction, 1 Tim. 5. 20. Because, 1. This rebuke may be a mean, through God's blessing, to humble them, and to restrain such an offence. And, 2. it is also usefull in reference to others, although the mans own carriage and acknowledgment be not every way satisfying; for, the Apostle's direction to rebuke him openly, doth respect more the offence past and the fruit that may follow to him and others, than any present satisfying frame in the person to be rebuked.
When it is found meet thus publickly to rebuke,How is a publick rebuke to be given. the circumstances and manner are to be adverted to, 1. Although the designing of a particular place be not in it self necessary, nor in every case expedient, yet for the solemnity of the reproof, it is not unsuitable, it being such as is rather accommodated for the edification of the whole Congregation, than otherwise pointed at as a place of pennance or punishment, or yet as a mark of reproach, and such like, which wrongeth the nature of Christ's Ordinance; And circumstances would be so ordered as the appearance of that may be eschewed. 2. It would be gone about with much gravity and reverence in respect of all that are concerned. The Minister especially is to carry weightily and authoritatively, having words fitted for the edifying of the Congregation, the humbling of the person, the convincing of both, and for the credit and weight of Christ's Ordinance before all; The party rebuked would minde whose Ordinance it is, and be suitably affected as the receiving of a particular rebuke from Jesus Christ doth callfor; The on-lookers also would be grave, having respect to Christ's Ordinance, tendernesse to the person offending, but indignation at the offence; and this would be testified by their carriage, so as thereby the authority and solemnity of all may have the deeper stamp upon the person. And for attaining of this, something would be gravely spoken to the hearers, as their use thereof, according to the case; and it may be, that some addresse to God in prayer together, in reference thereto, before or after the rebuke, would not be unusefull for that end.
If it be asked, if speaking in publick by the personIf it be alwayes necessary that the offender speak. rebuked be alwayes necessary? Answ▪ 1. Although it may be often usefull and expedient, yet in ordinary rebukes, for ordinary scandals, where no contemp… hath preceeded, we conceive it not simply necessary, 1. Because, though the rebuke be clear in the Word, yet is not this by the same evidence, alwayes required. 2. Their appearing to receive it, hath an implicit assent to, and acceptation of it. 3. The effect of the rebuke is rather to be gathered from their after carriage, for it hath with it an obliging weight to them, and a virtuall certification before the people, whether they expresse any thing or not. Beside, every one cannot edifyingly speak, and in that case, the Ministers rebuke is appointed to edifie others, and to remove that offence from them.
Yet there are two cases especially wherein we think this is expedient and necessary unto edification▪ 1. When either by the attocity of some offence, or continuance in contempt, a person▪ hath be… processe towards Excommunication; or, when there is a relapse after a former rebuke: in such cases it is for the edification of the people, to know upon what grounds the Eldership doth fist from proceeding; And engagements publickly and explicitly taken on before a Congregation, are often more weighty to the person. And if there be a failing, there is the greater evidence against them for after proceeding.
2. Suppose there hath been some Sentence binding or shuting out the person formerly, in that case, we conceive, speaking in publick to be necessary for confirming the people in their love to him again, which was hazarded by his former evident fall; and an implicit accepting of a reproof is not sufficient in such a case.
There may be also other cases, as suppose one hath been carried away with error, which he hath frequently vented before men, or in some such case where it may be edifying to have it from the parties own mouth, especially if the person be in such a frame, or of such ability, as by so doing he may edifie. But this is to be decided by the prudence of the overseers.
If it be asked again, how is he to be accounted ofHow is an offender to be reckoned after a rebuke. after this rebuke? We answer, Even as by some competent continuance of time, he doth discover the seriousnesse, or unseriousnesse of his profession, So that if he relapse, he is the more inexcusable, and to be proceeded with in due manner: but if he take up himself, and carry to the view of others seriously, he is not to be accounted as scandalous, because it cannot be said, that he hath refused to hear the Church in that publick admonition: and a publick rebuke doth not of it self bind any and shut them out as scandalous, (yea, it giveth not ground for it, if obstinacy followeth not) but if it be hearkened unto, and received, it doth prevent that, it being a right satisfying …rt of Christianity to admit of, and to improve a rebuke. Yet we think it incumbent to Church-judicatories, after some competent time, to enquire in the after carriage of such, and so accordingly to determine, whether they have satisfyingly accepted of the admonition or not. And that therefore the person so rebuked, ought to have such a Sentence before he can plead full admission to all priviledges, if at the time his profession was not satisfying. This is usefull for the persons behove, when he knoweth he is still to be looked upon in a speciall manner, as a sickly member of the body. And it is also agreeable to reason; for, if when a private person giveth an admonition he be to judge of the fruit of it, whether it be satisfying; and if the Church-judicatory, when they admonish judicially, be to weigh, whether the effects be satisfying or not: So by the like reason, when an admonition is publickly given, ought they to enquire what hath followed, and if that be satisfying or not.
If it be asked, if in no case an offender may beIf an offence may at first instant be brought to publick. brought immediately to publick, but by the former steps, and upon supposition that these be fruitlesse? Ans. It may be in these two or three cases, 1. When the offence, being of a grosse nature, is publick and open, so that many are in hazard to be infected, in that case a private rebuke would not be sufficient: Because, respect is to be had to the good of others. And so in some cases, even though as to the persons own conviction and carriage, a Church-judicatory may be satisfyed; yet there is a necessity for the reason foresaid of a publick rebuke. Yet every offence that is known to moe than one, is not to be accounted an offence of this nature: Because from that word of Christs Take with thee two or three witnesses, &c. it is evident, that even after those are made acquaint with the scandal, it is not publick, except obstinacie follow. Yea, it would appear, that such a scandal might be known to others, when yet one private person might only admonish; and if the admonition were accepted, might fist. And in case the fact be denied, then he is thereafter to bring two or three conjunct witnesses, who may convince the party offending of the truth of the fact as well as of the nature thereof, by their joynt testifying, that the party offended had reason to seek satisfaction in such a thing: Otherwayes, if that were only a privat offence which is known to one▪ supposing the party offending to deny the fact, there were no accesse to an offended brother to pursue the same, and by witnesses to make it out, if his private admonition should be rejected. And this may be one reason also why those two or three are called Witnesses, whose part is to confirm the matter of fact, as the Law cited there to that purpose doth evidence. Nor is it alway necessarily thus publick when it is made known to a Churchofficer or a Church-judicatory, because in that case, even they may find it more edifying to admonish privately than publickly; And it is their part rather to hinder the spreading of a scandal, than to make the same needlesly more publick. An offence then thatWhen an offence is to be accounted publick. is to be accounted publick, that is▪ which is so in respect of its notority or publicknesse, and such as is not the object of private admonition, but whereof a Church-judicatory is immediatly to take notice, may be considered in respect of its first instant o… in respect of some following circumstance; for what is required in the nature of the sin it self hath been spoken to already. It is publick in the first respect, 1. When it is done before so many as probably cannot be satisfied with private admonition, so that thereby there is a hazard to many to be scandalized. 2. It is publick, when it seemeth to be done with contempt and an high hand, as if a person were owning the same; Thus a scandal that hath fewer witnesses, may be accounted publick, when another, it may be, actually known to as many, is not to be accounted such, because in this case there is no accesse to private admonition, the person being like a swine, ready to turn on the admonisher. Thus suppose Absolom's incest had not been actually known to many, yet the very circumstances of his doing it openly, and purposly that it might be known, made it of a publick nature: Thus sometimes it is more necessary to take notice of an offence committed in a publick place, though, it may be, few know the same, than of a thing done more privatly, because as to them it might have been publick to many; and it sheweth an humour and corruption that is beyond privat admonition, when a thing is so circumstantiated. 3. Sometimes offences will have an horrour, and an indignation wakened against them, even in respect of such circumstances, as to be drunk, lascivious, and such like, are offences; but to be so in a Market-place, or in publick streets, even supposing it to be in a day when few do actually see it, doth waken an indignation in the hearts of sober men, as being an affront to Religion and Order, and inconsistent with Christianity and Civility, much more than if it had been in a private place, or privatly; for, that is before the Sun to do so, as Zimries act was, which provoked Phineas's zeal. 4. An offence is publick, when it is generally accounted to be a certain truth, and not a suspicion only; as being a thing in its evidence known to so many (beside what is reported to others) that it cannot be supposed that an ingenuous mind can have accesse to deny or shift the same, without some indignation in the hearts of those that know it. 5. Sometimes an offence is to be accounted publick when, though it may be, many are not witnesses thereof, yet when many are in hazard to be infected thereby; as suppose those witnesses to be such as cannot rest quiet in a private satisfaction, but they have either spread it, or are in hazard to spread it, and, it may be, long afterward they make it a ground of reproach: In this case it becometh a scandal not only to the first witnesses, but also to those to whom it is reported; So that although it was not at first publick, yet it becometh so by the rumour thereof. This infectiousness may also proceed from the time wherein it is committed, the person who committeth it▪ the nature of the fact that is committed, (which may more readily insuare others than facts of some other nature) from those also before whom it was committed; Therefore in such cases it is necessary that publick notice be taken thereof.
Therefore, in the second place, we said that some offences not very publick in respect of the fact, yet may, by some concurring circumstances, be such as the bringing of them in publick, may be necessary for the edifying of the Church at such a time, then that way is to be taken; As suppose, 1. that such a sin is in some places scarce counted a sin; Or, 2. if it be secretly and frequently in use among others; Or, 3. if the person found guilty be generally suspected of loose and untender walking in such things, although particulars be not publick; Or▪ 4. if they be under false pretexts of tendernesse, ready to seduce others to something sinfull, or in the like cases. In which, though the fact be not so publick, yet the scandal, or hazard, and the benefit of a rebuke are publick; and therefore that way is to be followed, Because they are necessary for the edifying of the Church, which is the end wherefore publick rebuks are appointed. The same may be said of atrocious horrible crimes, which being but known to few, yet are not to be, nor cannot be past with a meer private admonition, such as witchcraft, incest, &c. which are defiling sins, the bringing whereof in publick doth honour God the avenger and discoverer of such works of darknesse, suppose also, that the evidencing of somewhat, may serve to remove some former prejudice, as if it had been thought that an innocent person had been father of such a childe, or actor of such a murther; if God bring it about, that those who truely are guilty be discovered, it is not to be keeped close, because it is the removing of a former stumbling-block, and may keep others from sinning in mis-judgeing an innocent, and it also glorifieth God whose wise way is to be observed in such dispensations.
2. Although a fact be not publick, yea, in some cases although it be not true that there hath been any ground of offence given: Yet, 1. If the report of such an act be publickly rumoured; Or, 2. if such presumptions thereof be publick, which are ready to leave the impression of the thing; Or, 3. if the fame or brute of such a thing be come to such an height, that either it be believed by many to be true, (and that by such who are neither too simply credulous without all presumptions, nor malitious or infected with prejudice in reference to the person) Or, suppose that a person is accounted to be habitually in secret evils, the riping up whereof might be edifying; in such and such like cases, a Church-judicatory is at the first instant to meddle with, and enquire in the same: because, although possibly there may be no ground, yet the offence is great, and may stumble many as if it were so: and the neglecting thereof cannot but be offensive, whereas inquiry therein is usefull, whether the fame be grounded or not. But in this there would be great tendernesse and prudence used in considering, both upon whom, by whom, and upon what occasion the report is raised and entertained, and whether dipping therein be edifying or not.
3. Upon supposition that private persons be defective in giving admonitions, or following of them before a Church-judicatory, and yet there be pregnant presumptions of miscarriages in such and such persons, although they be not publick; or, suppose, through fear, ill grounded affection, or other carnall respects, others should concur to keep from publick view the offences of some person, to the stumbling of themselves, in becoming partakers of their sin, and to the prejudice of others: I say▪ in such like cases, a Church-judicatory is to enquire into the carriage of such a person, and to put others to declare and testifie therein, although they be not complained of, and although the Scandal be not so every way obvious: Because admonition is needfull both for the good of the person offending, and of others also: and when private persons become defective, Church officers are bound rather to interpose immediately than to suffer such a person to continue under sin, to the hazard of himself and others; for, they must either do it, or it is to be left undone, which would be a stumblingblock to many, and strengthen wickednesse exceedingly, in case untender men fell only to be accessory to the knowledge of the offences of each other (as often it is) yet though it be necessary for a Church-judicatory to interpose, it is not alwayes necessary to bring the matter to a publick rebuke, but as from consideration of the thing, person, or, other circumstances it shall be thought sit to rest in a private admonition or not.
From which we may see the necessity of processing parties, and leading witnesses (in case the matter be denied) without any particular accuser or delater: because in such cases, either publick Scandal of the thing, the nature of the Church-officers oversight, or the edification of the body, which they are to prefer to every thing, do require that such a thing or person be put to triall.