The dying man's testament to the Church of Scotland, or, A treatise concerning scandal…

If this do not the business, but the person continueth obstinate, although to the conviction of those two or three assessors, the fact be gross, and the party guilty, then it is to be brought to public▪ 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, seeing probably they may be more impartial than the other. And it will be conducible for attaining ⟨p. 74⟩clearness in the thing, to know what hath preceded▪ 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 rational 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 public 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.

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