The Dying Mans Testament to the Church of Scotland, Part 2 · Chapter 11
CHAP. XI. Concerning what is to be done when the complaint is of some enjury …one to the complainer.
THere is one case yet to be enquired in▪ viz. how to account of a particular person his complaining or pursuing an offence which carrieth with it a particular enjury unto himself? As suppose, that such a person did calumniate him, calling him false, covetous, hypocrite, thief, or such like, or did imprecate curses unto him? Answ. 1 If the way laid down were followed, and a publick complaint made the last step, it may be, there would be few of these complaints. Of this we have spoken already. 2. Although such enjuries have with them a spirituall hurt also, and so indeed are real stumbling-blocks to the spirituall state of the party enjured. Yet, 1. it is hard for men enjured, singly to abstract the scandal given them from the enjury done them, and so to follow the offence with respect to their own and the others edification, as to entertain no thoughts of revenge in the pursuing thereof: for certainly, often it is the reparation of a wrong, and to vindicate folks own name and credit, rather than edification, which in such cases is aimed at: Therefore we find ever the most irreligious, carnall and proud persons, hotest in such a pursuit, and with greatest difficulty to be satisfied; and the satisfaction intended by them, is not any Chistian gaining often, but some publick shame, or such like: And therefore if that follow, although the person fall over again in many other scandals that are worse, or others shall sin more grosly; yet that stirreth them not, neither are their complaints in such cases heard of. 2. We find, that such a case hath often great difficulties with it, and readily much heat and carnalnesse; yea, in things that are personall between parties, it is more difficult for them to abstain from carnalnesse, or the appearance thereof, and also for Church-judicatories to walk so as not to be thought partiall to one of the sides, and so by intending the removall of one offence, more may be given. Therefore we would suppose such a procedor to be suitable to Christs order and ordinance, 1. That as much as may be, these personal things may be waved by private persons themselves who are so …. Certainly men lose not by condescending in their particulars, and it may afterward tend more to the convincing of the party and others, and to the vindicating of themselves that they forbear (at least, till the fervour be abated, both in them and in the offending party) than by kindling of their own passions by the passions of others, to hazard upon more sin and offence. 2. When such things occur, its fit that Churchofficers should endeavour to compose and to remove them privately; yea, if any complaint come in a persons heat, that yet notwithstanding, means be used to compose and allay the same; and if that fail, that the scandal be brought to publick, rather by the Eldership it self, than by the party offended, because so the thing, as scandalous, may be more abstractedly considered▪ the person easilier convinced, and the heat of parties prevented, which often mar the beauty of the Ordinance, and so there is nothing overseen that ought to be redressed. 3. If persons will needs enter their own complaint▪ Then it would be enquired, 1. Whether it be really the enjury to their name, or outward condition that swayeth them? or, if it be the offence, that is, the stumbling-block that goeth alongst there with, and … is ready to hurt their spirituall estate, that doth move them? This question is fit for curbing of carnall humours, and keeping the Ordinance of Christ from being abused, and made subservient to mens sinfull passions.
If it cannot be hid that it is the injury which affects them▪ Then would they be admonished for that, and remitted to follow their injury otherwise, and to pardon it, as to any vindictive humour; yet the thing as it is scandalous, would be still followed without them. 2. It would be enquired, if they followed the privat steps? And, 3. what sort of satisfaction they aim at, and if it be the parties gaining that they seek with their own satisfaction?
Sometimes there ariseth a new difficulty in suchWhat, when a calumniator complained of, offereth to make it out. cases, as suppose one complained of for calumniating another, should offer to make good his word, or what he hath said; In such a case it is difficult for a Church-Judicatory to carry rightly, if probation be refused, the slanderous mouth is not stopped, And to admit it, it seemeth neither pertinent nor profitable to any Church-end. This sometimes is one of the evils of making Church-judicatories the stage of mens passions: Yet in such a case we say, 1. That whether the thing be true or not, the casting of it up at such a time, and with such circumstances, was offensive; and therefore no following probation can exempt the offender from being accounted scandalous, because the end of bringing forth that, was really the hurt of his brother, and neither private nor publick edification. 2. Some manner of offered probation is indirect, (as also some sort of slandering) as, suppose one would complain of another as guilty of theft, or some other sin, and give for the ground thereof some instances of corruption or deceit in their trade of merchandizing, or taking some advantage by law or other wayes, to the hurt of another. These are causes and matters wherein properly Church-officers are neither fit nor called to decide; and the event thereof doth depend upon some civil contest, therefore are not meet to be admitted as the ground of a complaint or probation in a Church-judicatory. Again, some manner of probation is more direct, as suppose one would prove by witnesses direct theft upon another▪ Yet considering that Church-judicatories are not to be sub-servient to mens passions, as hath been said, and also, that their end ought ever to be edification, and there being no probable ground to expect it in such a processe, we conceive it were fit altogether to wave such contests. For, though there be a shaming of offenders allowed in Church-discipline, yet it looketh harsh-like to make it the mean of bringing civil shame and infamie upon any; Because such a blot, as to be accounted or declared infamous, even as to civil things, is a civil punishment; and therefore is not to be the effect of a Church-judicatory, properly, Although we will not deny but by accident, these may be sometimes necessarily joyned.
It may be asked, What if an offending party appearing,What if a profane offending confessing party refuse to give satisfaction. professe repentance for their fault, &c. as hath been desired, and should yet refuse to give obedience to such things and in such manner as is thought fit to be done by the Church-officers for the removing of the offence? Answ. 1. It is not like that any who are serious in their profession of rep…ntance, will stand on such a thing; and where that is, it is too probable-like an evidence of their dissembling, if some convincing reason cannot be given by them for swaying to that refusall. 2. Their disobedience is either in materiall things, or such as are but circumstantiall. Again, it is either done with contempt, or with professed continued …espect and a desire to satisfie. As for instance, some may refuse to receive a publick rebuke where edification requireth it, or to acknowledge their offence to an offended party, or they may be willing to appear, and willing to acknowledge their offence, but differ as to the time, place, manner, &c. For the first, Though a Church-judicatory may wait for a time, yet can they not in some cases dispense with them, because otherwayes, they are not heard, nor is the end obtained; and therefore may processe proceed, especially if that disobedience look contemptuous-like: For the second sort of disobedience, to wit, in the manner or circumstances of giving satisfaction, although in this also, those that are serious to have offences removed, will not readily stick, yet if it be, there is difference between this and the former, if there be no discernable evidences of contempt in it; and in this, no question, Church-judicatories have a greater latitude to do as may edifie: wherein they are especially to take notice of these things, 1. That by too much rigidity in circumstances, they seem not unnecessarily to wrong them, or to lay too much weight of satisfaction upon such formalities. 2. That by too easie passing from such, they do not strengthen any to follow that example for the time to come. And, 3. that even in circumstances there be an equality in reference to these same scandals in all persons. And if there be hazard in reference to any of these by condescending, to alter or forbear a circumstance in a publick rebuke, we conceive it is safer to abstain from …hat forbearance, and not to yeeld it; and yet not simply upon that account to pursue a processe, but to continue dealing with the person, while either he be convinced and brought, for the good of order and edification of the Church, to yeeld, or there be more clearnesse to do otherwise.