The Dying Mans Testament to the Church of Scotland, Part 2 · Chapter 3
CHAP. III. Shewing that Christs order and method, Matth. 18. is to be keeped, and what it doth imply.
THe fourth generall concerning proceeding in publick Scandals, which we would lay down, is, that Christs order, Mat. 18. be indispensably kept. Which we conceive, being compared with other Scriptures, doth imply these things, 1. That offences whether they be in lesser patticulars, or in more grosse things, yet if they be but known to few, are not instantly to be brought to publick, (except some circumstance necessitate the same for greater edification) and this order is to be observed both by Officers and private persons. It were not therefore unfit, when any delation cometh by an Elder, or complaint by a private Professor, to enquire if they had observed this rule with such a party? and if alone, and with some others, friendly and rationally they have endeavoured to convince them? and if not, that they be remitted to follow that way, and if they have done it, It would be enquired, if their so doing have had no weight? Or if the person hath continued in the offence notwithstanding? If none of these can be said, there is yet no ground for publick tabling of a scandal: and this we suppose would cut off many needlesse processes, and prove more edifying. 2. It is clear from that place, that the offences to be complained of, are not injuries or wrongs to us under that notion as such, but what is offensive in its nature and under that consideration, whether any wrong be intended to us in it or not. It is not suitable to a Church-court to have only persons complaining of wrongs done to themselves, as if they be cursed, de…amed, &c. and yet not to take notice of what is offensive, as wronging the honour of God, reflecting upon the profession of the Gospel, and really laying a stumbling-block before themselves and others. This is to neglect scandals, and to take notice of slanders, which, as we said, differ from these. Hence, such persons ordinarily follow their complaints with much bitterness, and never seek to convince the party privately. We conceive therefore, that such direct complaints, so circumstantiate, ought not to be admitted, at least, upon that consideration; lest the Ordinance of Christ be made subservient to mens particular passions and interests. It is therefore more fit when such offences arise, that they be taken notice of abstractly from such complaints, and that in the order that other scandals are to come in, whereof now we are speaking. 3. It is clear from that order, Matth. 18 that when the person offending, doth accept of the admonition, there is no mention further to be made thereof; yea, it would not be so much as reported privately, if it be not otherwayes known. 4. If that private admonition prevail not, then is the person to take two or three with him before it come to the Church, and this is not to be done superficially, and for exoneration meerly, but convincingly, and for the persons edification. Therefore we suppose, that this is not to be astricted to one time, either in private, or before these two or three: for, once speaking may be but little usefull; and seing the Church is to continue in dealing with the person before they give him over and proceed, and before they can account that he heareth not them, So ought it to be in the preceeding two steps, seing the words are the same. Again, I say, this would be done convincingly, they would argue (as the word is) with the offending brother, and not rest satisfied with some passing word or admonition. Further, these two or three would be chosen, so as may be most fit for that purpose, and may have most weight with him, (we think some Elder, one at least, or two, were not unfit) and this would be done purposly, gravely and seriously, as the words, Take with thee, &c. import. All this is to preceed the bringing of a scandal to publick, which is to sist here if this prevail. Whence, 5. also we may see, that every scandal which is known to two or three, is not to be accounted a publick scandal, and at the first instant to be brought to the Church, because it is supposed, that these two or three may have knowledge of the same scandal, and yet may it warrantably never come to publick, if the person hear them. It looketh unlike this way to bring scandals to publick, wherein scarce two witnesses can be had. Indeed, after the fault noised and flagrant, and the presumption is great, and the party suspect like, such things are publickly to be taken notice of, though the proofs be not so pregnant. 6. If this do not the businesse, but the person continueth obstinate, although to the conviction of those two or three assessors, the fact be grosse, and the party guilty, then it is to be brought to publick▪ either immediately by the person that was stumbled, or by an Elder, (for which cause, we said, it was not unmeet that one of these should be among the former witnesses) When it cometh to the Church, we conceive, that with the parties, it were meet to call some one, or moe of those who were witnesses of the private admonition, that the Judicatory may be informed by them of the case, seing probably they may be more impartiall than the other. And it will be conduceable for attaining clearnesse in the thing, to know what hath preceeded▪ and where it left; and this would make private admonitions and witnesses therein, to have the more weight with men; for, knowing that their carriage at such a time would be made manifest to others, it would have influence to make them at first more rationall and sober, if they knew that what they said then, would afterward be repeated to them before two or three; and what they spoke before those, were to be again impartially reported to the Eldership▪ And we conceive, it is for this cause amongst others, that Christ calleth them witnesses, and such witnesses, as may establish the matter, which must be rather in their testifying to the Church, than in private accompanying the offended party. Fo…, when a person bringeth such an offence to a publick Judicatory, he must make out these two, 1. That such a person hath actually given offence, 2. That he hath effectually admonished him▪ and he hath not heard him, not satisfied him. Now, though the first be made out by other witnesses, yet the last cannot be made out but by such as were called by him; and therefore with respect to that, they are called witnesses by our Lord, as is said.
When this is done, the convincing and recovery of the party is yet to be essayed; and for that end, pains are to be taken, with all patience, gentlenesse, and long-suffering: if that prevail, there is no further procedour called-for; if not, then publick admonitions and rebukes are to be added. If nothing prevail, the Sentence of Excommunication is to be added, the ground being convincingly scandalous in its nature, and clear in its evidence, as was formerly said; and it will not be found often in a Church where that progresse is keeped, that it will come to this.
If the offences be of that nature, that a publick rebuke be necessary, in respect of the circumstances and aggravations thereof, it is not to be neglected: Yet, it is not necessary that every offence that cometh to the Eldership, yea, even these that are known to many, should at all times be brought to a publick rebuke. For, if the Sessional or Elderships admonition have weight with the party, what needeth more in reference to him? And if there be no hazard that others be infected by that deed, or provoked by that example, there is no necessity alwayes in reference to them, especially, where it is known that such offences are not passed. For, that is one end of publick rebukes, 1 Tim. 5. 20. That others may fear. Yea, much more we conceive, that many offences may be brought the length of publick rebukes, which yet are not to be drawn out unto Excommunication, even though compleat satisfaction seem not to be given. Because, 1. that Sentence is not to proceed, but upon weighty convincing causes, as is said, 2. Because, if the cause be convincing, the person offending may be expected sometimes upon after thoughts to admit of conviction, though distemper or prejudice may for a time keep it off, as experience doth prove.
But where the case is such as hazardeth infection to others, and the persons such as are contemptuous and ready to spread their leaven, as was both in the case of the doctrine and deeds of these Nicolaitans, the Sentence is to proceed, and that more summarily: I say, more summarily in comparison of what is pas…, yet not altogether summarily; for, Paul alloweth an Heretick to be once and again admonished, Tit. 3. 10. And in this Chapter, the Lord giveth Iezebel time to repent: and here, those corrupt persons are exhorted to repent before He come to fight against them with the sword of His mouth, ver. 16. which (as we take it) looketh to the same Sentence. We will not be peremptory to deny what may be done when the crime is atrocious, the evidence palpable, the scandal great, the contemptuousnesse of the party, by their former and present carriage, rendering all hopes of recovering so desperate, that there is not so much as accesse to get a hearing, and a following of convictions, and the hazard of the scandal not admitting of delay: I say, in such a case, we will not deny what may be done for the Churches edification more summarily; yet we are sure, ordinarily the way laid down is to be followed.