A37042:215
The dying man's testament to the Church of Scotland, or, A treatise concerning scandal…
The dying man's testament to the Church of Scotland, or, A treatise concerning scandal divided into four parts ... : in each of which there are not a few choice and useful questions, very shortly and satisfyingly discussed and cleared / by ... Mr. James Durham ... who being dead (by this) yet speaketh ; and published by John Carstares ... ; to which is prefixed an excellent preface of famous Mr. Blair ... ; together with a table of the contents of the several chapters of each part.
Edinburgh: printed by Christopher Higgins, 1659
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
2. The account upon which we admit, and the proof thereof also, must be proportionable and opposite to the account and proof upon which we debar: for, binding and loosing are both of the same nature, acts of the same power, in reference to the same end, and the one of them answereth to the other. Now, when we bind a man for a Scandal, 1. It is not accepted as a ground of binding, until it be proven and made evident, and not probably only, Therefore nothing can be the account upon which we can loose but that which may be evidently proven also; for, it looketh not suitable-like to bind a man upon clear evidence, and to exclude him from a right, and to admit him again, only upon probabilities and presumptions, much less where the proof doth not amount so high. Again, 2. When a person is shut out, he is not shut out upon the account that he is unrenewed, or upon the account that such an act was not sincere, or that he appeared to be such, But he is shut out, because it was scandalous to others, and unbecoming the Gospel, even though the persons ⟨p. 99⟩sincerity should not be questioned: Therefore, by the rule of contraries, it followeth, that it is not sincerity which is the account upon which Church-officers are to loose.
2. The account upon which we admit, and the proof thereof also, must be proportionable and opposit to the account and proof upon which we debar: for, binding and loosing are both of the same nature, acts of the same power, in reference to the same end, and the one of them answereth to the other. Now, when we bind a man for a Scandal, 1. It is not accepted as a ground of binding, untill it be proven and made evident, and not probably only, Therefore nothing can be the account upon which we can loose but that which may be evidently proven also; for, it looketh not suitable-like to bind a man upon clear evidence, and to exclude him from a right, and to admit him again, only upon probabilities and presumptions, much lesse where the proof doth not amount so high. Again, 2. When a person is shut out, he is not shut out upon the account that he is unrenued, or upon the account that such an act was not sincere, or that he appeared to be such, But he is shut out, because it was scandalous to others, and unbecoming the Gospel, even though the persons ⟨p. 99⟩sincerity should not be questioned: Therefore, by the rule of contraries, it followeth, that it is not sincerity which is the account upon which Church-officers are to loose.