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

Asser. 3. We say, that to have a formal accuser, seemeth not so well to agree to the nature of ecclesiastic processes, and looketh liker a civil Court. For, 1. If the offence be public, there is no accuser needful, as is said. 2. If it be private, no accuser is to be heard, but in the ordinary method, because Christs Ordinance is not to be subservient to mens passions, or to be the mean of their seeking revenge for injuries: And therefore in some cases, though an accuser would undertake the pursuing of some process against a person, where neither the Scandal is flagrant, nor the party accused, after private admonition and conviction, obstinate, in that case the accusation might be rejected; because so the accuser looketh not like a Brother, that is stumbled, seeking the gaining of the other, and his own satisfaction upon that account, but rather like a person that is irritate, vindictive or malicious, to whose humour Church-officers ought not to give way; neither doth such an accusation become Christs Court. Yet, if the thing be indeed scandalous, Church-officers are to enquire therein, and not to sleight any mean of evidence which may be had, lest profane persons mouths be opened; but that rixal and contentious way of following of processes by particular accusers, against particular persons, as useth to be in other Courts, we conceive no way becoming the gravity and convincing way that ought to be in ⟨p. 120⟩this; And we suppose in experience is not often found to be edifying, but rather doth engender hatred, prejudice, contention, and such like, which is altogether contrary to Christs scope.

Asser. 3. We say, that to have a formal accuser, seemeth not so well to agree to the nature of ecclesiastick processes, and looketh liker a civil Court. For, 1. If the offence be publick, there is no accuser needfull, as is said. 2. If it be privat, no accuser is to be heard, but in the ordinary method, because Christs Ordinance is not to be subservient to mens passions, or to be the mean of their seeking revenge for injuries: And therefore in some cases, though an accuser would undertake the pursuing of some processe against a person, where neither the Scandal is flagrant, nor the party accused, after private admonition and conviction, obstinate, in that case the accusation might be rejected; because so the accuser looketh not like a Brother, that is stumbled, seeking the gaining of the other, and his own satisfaction upon that account, but rather like a person that is irritate, vindictive or malicious, to whose humour Church-officers ought not to give way; neither doth such an accusation become Christs Court. Yet, if the thing be indeed scandalous, Church-officers are to enquire therein, and not to sleight any mean of evidence which may be had, lest profane persons mouths be opened; but that rixal and contentious way of following of processes by particular accusers, against particular persons, as useth to be in other Courts, we conceive no way becoming the gravity and convincing way that ought to be in