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.

CHAP. V. Concerning what is to be done, when offending persons give no satisfaction.

IF it be asked then, what is to be done, supposing persons not to give any satisfaction, even when they are brought to publick? This is indeed a dif∣ficulty, and will, no question, pusle any consciencious Church-officer; Yet we suppose, we may classe such offences that are brought to publick in these three sorts, and then answer. 1. Some offences are in matters that are lesse horrid and scandalous, and come neerer to sins of infirmity, which yet are scanda∣lous, being continued in suppose officious lying, angry passionat words, and such like, where these are re∣peated, the persons are to be rebuked in some cases; yet if they be not contemptuous, or the ills otherwise aggreged, we see not how there can be proceeding to Excommunication upon such grounds, because Ex∣communication

is a chastisement for some singular offenders, and is not for offences that are so common, as hath been formerly said. Of this sort may be the sparingnesse of charity in Church-members, in giving little to the poor, or lesse than proportionally they should, though they do not altogether shut their bowels▪ This may be the object of admonition, but we think hardly of Excommunication, except it have grosse contempt with it, and so hazard of making void, by evil example, the course that Christ hath ap∣pointed for overseing the poor in His house, for which He hath appointed Deacons: and if publick charity upon any pretext were restrained▪ that were to no pur∣pose: which certainly highly reflecteth on Christ, and is a grievous scandal. We find the Reverend Master Hooker, part 2. chap. 2. pag. 57. lay these two conclu∣sions, 1. That the Church is to stint her Members, and determine the quota of their charity and free will∣offerings, and that of her self. 2. That if after the Deacons private diligence, this be not given in, he is to follow the action before the Church. Although we think defect of charity, in this respect, a great sin and an offence, and may be justly reproved, and the person admonished that is defective palpably in that which is proportionable to his ability; yet, that such a particular stint should be made by Church-power, and exacted under such certification, we cannot yet find to be warrantable. Although we give the Ma∣gistrate that liberty, and where he exerceth it not, we acknowledge mutuall condescension may do much. And we are sure, that if any such like thing should be found in the Presbyteriall way, it had been charg∣ed with tyrannie, and encroaching on the place of the Magistrate long ere now: yet it may be (when it is well managed) no great corruption in a Church.

A second sort of offences are such, as are of them∣selves grosse and publick; yet not atrocious, or ag∣greged with contempt, such as fornication, some acts

of drunkennesse, and such like. The party▪ I say, not being obstinate, but seriously acknowledging his fault, and promising to abstain and amend, in that case there is no ground to proceed to the highest Cen∣sure, though there may be a publick rebuke; yea, though their acknowledgment be not altogether satis∣fying; yet, if after the publick rebuke, the person ab∣stain these evils, and renue not the offence, the pro∣cesse is to close, and to proceed no further: Because, 1. In that case it cannot well be said, that he hath re∣fused to hear the Church when that abstinence fol∣loweth. 2. The end of a publick rebuke is not al∣wayes to be an evidence of the persons full recovery, But, 1. to be a mean to recover him. 2. It is in it self a publick acknowledgment of the fault▪ and a virtuall engagement to abstain. And 3. it hath a warning force and certification with it for the party offending, if he continue in his offence: Now, if he continue not, it cannot be said that he hath incurred the certification, or made the rebuke altogether inef∣fectuall: And therefore in such cases, a publick re∣buke being accepted. it putteth a close unto such pro∣cesses: for, such publick rebukes are not an exerci∣sing of the ke•…•…s for letting-in any to the Church, that was not a member formerly; and therefore there is not such exactnesse required here, as in the first admission of heathens, yea, or in restoring of Ex∣communicate persons▪ who have been bound and shut out, but it is the warning of a member to pre∣vent his being cast out. Seing therefore this rebuke louseth nothing, there can be •…•…o necessity alleged here of searching into his acknowledgements or profession; and we make no question, that offending persons be∣ing rebuked before all, and abstaining from such of∣fences afterward, were still to be accounted Church∣members, capable of all priviledges, notwithstand∣ing of the former offence. For, although he was offensive before that rebuke, yet was he not actually

bound or excluded from any Church priviledge by that offence (because offence giveth ground to exclude, if contempt follow, but doth not actually exclude of it self) neither doth the rebuke bind and exclude any if no further Censure follow and be added thereunto, but is intended to prevent both, And therefore, I say, that a person meerly rebuked for such an offence, and not continuing in, or renuing the same, hath right to all Church-priviledges, seing he is by no Ordinance of Christ excluded; and that way of publick rebuking, is appointed to prevent the falling of others, by that occasion.

A third sort of offences are such as of their nature are grosse, and in their evidence clear, suppose drunk∣ennesse, fornication, grosse swearing, corrupt er∣rours, &c. and the person offending, after much pains, doth yet continue obstinate, refusing to hear the Church; in that case the rule is clear to proceed with the Sentence of cutting off, If no accidentall thing call for the suspending thereof, for respect to the Churches good.

If it be asked, when a person is to be accounted ob∣stinate* 1.1 and guilty of not hearing the Church? We answer, It may be in these four cases, 1. When the persons do contemptuously refuse, or decline ap∣pearance, that is, either to hear private admonition, or to answer for removing of their offences before the publick Judicatory. This indeed is not to be astricted to once or twice refusing, even when no reasonable excuse can be given: for, sometimes offenders are ticklish for a time, while their distemper continueth; and Church-officers would be favourable in admit∣ting of excuses, and in their condescending to them, (as edification may be most furthered) as Mothers and Nurses will do to children: which similitudes the Scripture sometimes useth.

2. It is contempt, supposing a person to appear, and yet either to justifie his offence, as if it were no

wrong; or to deny an evident fact, or to refuse any way to remove an offence given &c. yet in such cases there i•…•… both for bearance and gentlenesse for a time to be essayed, and the offence is to be made in∣excusable both to the conscience of the party, and to the consciences of others.

3. Contempt may appear in this, when persons offending appear, and do not deny the offence, yet by such proud carriage, haughty reflecting, irreve∣rent expressions, and such like, do bewray contempt in the manner of their carriage, and there by do give more offence than by their former miscarriage, or than if they had not appeared at all: Because, that doth reproach the Ordinance of Christ more, as it were in His presence to affront Him, and like the soul∣diers, to say, Hail, King of the Iews, and to mock Him.

A fourth thing that may be judged contempt, and not hearing of the Church▪ is, when a person appear∣ing, doth with some seeming reverence acknowledge the fault, suppose drunkenesse, slander, fornica∣tion, &c. and yet doth notwithstanding continue in, or frequently reiterate the same offence for these can∣not be judged sins of infirmitie, especially when they are so frequent, and that after admonition; for, the Churches admonition doth not only tend to draw forth an acknowledgement of the offence past, but to prevent the like for time to come; and where that is not, it cannot be said that Christs Ordinance hath had weight. And in such a case, the accounting of verball acknowledgements enough, where there is a continuance in some seen evils, were to make the Ordinance of Christ obnoxious to reproach, and to frustrate it of its end, which is to remove and pre∣vent offences, (for in that case they abound more) and it would strengthen men that could dissemble, to continue in their profanitie, seing by that they might ever escape the Sentence of Excommunication, and

so profane persons might abound in Christs Church to the dishonour of his Name, and the reproach of the Gospel, and yet there be no accesse to His Offi∣cers by His Ordinances to purge them out. And se∣ing this would be ridiculous in any humane Court, to account such a man a receiver of admonitions, it were absurd to assert it here.

If it be asked, what is to be done in cases where* 1.2 the offence is not of a more grosse nature, and cometh neer to a sin of infirmity, and yet hath contempt added thereto, in one of these respects? Answ. 1. We have said already, that it is hard to ground Excom∣munication upon such a rise: Therefore, 2. Church∣officers would warrily deal with such offenders, so as there be no seeming occasion given them to con∣temn; and much forbearance, and even a kind of overlooking (so far as is consistent with faithful∣nesse) is to be exercised in such cases, in reference to some persons, for it hath prejudice with it to take notice of such Scandals, and thereafter without sa∣tisfaction to passe from them, and it is difficult and not alwayes edifying to pursue them: we conceive it therefore more fit, not to take Judiciall notice (at least) of them all, but to continue a serious and loving dealing with such persons in private, because possibly more rigid dealing might wrong them and the Church more than edifie▪ Yea, 3. If it come to publick, frequent trials would be taken of them be∣fore it be judged contempt, that so if it be found need∣full to proceed further, the contempt may be so ag∣greged, that it may be seen, that edification requireth the same to be prosecuted, and then it is the contempt that beareth the weight of the Sentence, and not the first offence; Therefore this would be so manifest▪ as it may be convincing to the consciences of all to be insufferable.

Notes

• * 1.1

  When is a person to be accounted obstinate.
• * 1.2

  What, when an offence is not grosse, yet hath con∣tempt with it.