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

Further, we may distinguish these also in such practices, that are positively enacted to be practised, by an authoritative Act, ordaining in such possible cases, that it be so done, that is, when such a case occurreth, men should be astricted to follow the same, and Ministers should accordingly act; Or they are such cases, as do not ordain any practice to be done, but do declare such a thing to be lawful; As suppose they should declare, a Minister might lawfully baptize a Jew so as is formerly said, without any peremptory ⟨p. 384⟩ordaining of the same, which is still, rather a doctrinal decision than a positive ordinance.

Further, we may distinguish these also in such practices, that are positively enacted to be practised, by an authoritative Act, ordaining in such possible cases, that it be so done, that is, when such a case occurreth, men should be astricted to follow the same, and Ministers should accordingly act; Or they are such cases, as do not ordain any practice to be done, but do declare such a thing to be lawfull; As suppose they should declare, a Minister might lawfully baptize a Iew so as is formerly said, without any peremptory ⟨p. 384⟩ordaining of the same, which is still, rather a doctrinall decision than a positive ordinance.

We may yet add one distinction more, which is this,¹ determination is either to declare such a thing lawful to Church-men in some Ecclesiastic matter, as suppose (as was sometimes in the primitive persecutions) upon some Query from some Ministers, it should be enacted, that in such and such cases Ministers might fly, sell the Church-goods, or use such and such shifts and means for their escape and deliverance, as others, it may be, would think unlawful. Or it is, when the practising of the supposed case belongs to Magistrates, or men in civil stations; as suppose, upon some Queries from Magistrates or others, enquiring if it were lawful to admit Jews to dwell in such and such places merely for civil traffic; or if they might eat and drink with an Ambassador of the Cham of Tartaria; or help Chinas against the Tartars; or such cases, which possibly, beside the occasion of the Query, might never occur: now supposing the case to be decided affirmatively by a Church-judicatory, and a rent to have followed thereupon, and to continue after the case is not probably practical, because of the former decision, and so in the rest of the former suppositions, it is to be enquired, If? and, How union may be win at in them respectively?