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

If it cannot be hid that it is the injury which affects them▪ Then would they be admonished for that, and remitted to follow their injury otherwise, and to pardon it, as to any vindictive humour; yet the thing as it is scandalous, would be still followed without them. 2. It would be enquired, if they followed the private steps? And, 3. what sort of satisfaction they aim at, and if it be the parties gaining that they seek with their own satisfaction?

If it cannot be hid that it is the injury which affects them▪ Then would they be admonished for that, and remitted to follow their injury otherwise, and to pardon it, as to any vindictive humour; yet the thing as it is scandalous, would be still followed without them. 2. It would be enquired, if they followed the privat steps? And, 3. what sort of satisfaction they aim at, and if it be the parties gaining that they seek with their own satisfaction?

Sometimes there ariseth a new difficulty in such¹ cases, as suppose one complained of for calumniating another, should offer to make good his word, or what he hath said; In such a case it is difficult for a Church-Judicatory to carry rightly, if probation be refused, the slanderous mouth is not stopped, And to admit it, it seemeth neither pertinent nor profitable to any Church-end. This sometimes is one of the ⟨p. 124⟩evils of making Church-judicatories the stage of mens passions: Yet in such a case we say, 1. That whether the thing be true or not, the casting of it up at such a time, and with such circumstances, was offensive; and therefore no following probation can exempt the offender from being accounted scandalous, because the end of bringing forth that, was really the hurt of his brother, and neither private nor public edification. 2. Some manner of offered probation is indirect, (as also some sort of slandering) as, suppose one would complain of another as guilty of theft, or some other sin, and give for the ground thereof some instances of corruption or deceit in their trade of merchandizing, or taking some advantage by law or other ways, to the hurt of another. These are causes and matters wherein properly Church-officers are neither fit nor called to decide; and the event thereof doth depend upon some civil contest, therefore are not meet to be admitted as the ground of a complaint or probation in a Church-judicatory. Again, some manner of probation is more direct, as suppose one would prove by witnesses direct theft upon another Yet considering that Church-judicatories are not to be sub-servient to mens passions, as hath been said, and also, that their end ought ever to be edification, and there being no probable ground to expect it in such a process, we conceive it were fit altogether to wave such contests. For, though there be a shaming of offenders allowed in Church-discipline, yet it looketh harsh-like to make it the mean of bringing civil shame and infamy upon any; Because such a blot, as to be accounted or declared infamous, even as to civil things, is a civil punishment; and therefore is not to be the effect of a Church-judicatory, properly, Although we will not deny but by accident, these may be sometimes necessarily joined.