A37042:242
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.
CHAP. X. Clearing whether in Church-processes an Accuser be always necessary.
CHAP. X. Clearing whether in Church-processes an Accuser be alwayes necessary.
IF it be asked, concerning an accuser, Whether it be necessary in all Church-processes, that one, under such a consideration, be fixed, before there can be proceeding against any party, in reference to trial. We answer in these assertions.
IF it be asked, concerning an accuser, Whether it be necessary in all Church-processes, that one, under such a consideration, be fixed, before there can be proceeding against any party, in reference to triall. We answer in these assertions.
Asser. 1. It is not always necessary in every case that there should be a formal particular accuser, as may appear from the cases formerly instanced; for, that any offence or offender should pass without being taken notice of, (especially if offences be continued in) is contrary to the end for which Church-censures are appointed, and yet neither de facto is there always an accuser where there is an offence; nor de jure can any be constrained to be an accuser: therefore it is necessary that in some cases there must be a process without an accuser, in this way of enquiry.
Asser. 1. It is not alwayes necessary in every case that there should be a formall particular accuser, as may appear from the cases formerly instanced; for, that any offence or offender should passe without being taken notice of, (especially if offences be continued in) is contrary to the end for which Church-censures are appointed, and yet neither de facto is there alwayes an accuser where there is an offence; nor de jure can any be constrained to be an accuser: therefore it is necessary that in some cases there must be a processe without an accuser, in this way of enquiry.