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

If it be asked, if in no case an offender may be¹ brought immediately to public, but by the former steps, and upon supposition that these be fruitless? Ans. It may be in these two or three cases, 1. When the offence, being of a gross nature, is public 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 satisfied; yet there is a necessity for the reason foresaid of a public 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 public, except obstinacy follow. Yea, it would appear, that such a scandal ⟨p. 113⟩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 joint testifying, that the party offended had reason to seek satisfaction in such a thing: Otherwayes, if that were only a private offence which is known to one▪ supposing the party offending to deny the fact, there were no access 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 public when it is made known to a Church officer or a Church-judicatory, because in that case, even they may find it more edifying to admonish privately than publicly; And it is their part rather to hinder the spreading of a scandal, than to make the same needlessly more public.

If it be asked, if in no case an offender may be¹ 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