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

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.

Asser. 2. Where an offended Brother followeth Christs way in pursuing of an offence, he is not to be accounted an accuser formally, as the term of accusation useth properly to be taken: Because, 1. To accuse often is a thing that may be omitted, but this kind of pursuit is laid on as a necessary duty. 2. To accuse, respects some particular wrong and injury usually, and the following thereof importeth a prejudice and hurt to the party accused. But this which respects offence without any particular injury, proceedeth from love, tendeth to the advantage and recovery of the party, and so properly cannot be called accusation. Yea 3. When a person hath followed the second step, and made out his private admonition by two or three witnesses, when he cometh to the Church with them, neither of them can be accounted accusers