And fyrst to begynne with the Canons attributed to the Apostles, and so ofte alleadged by T. C.
In the. 32. or as it is in some bookes the. 33. of those Canons, it is thus decréed: If any Priest or Deacon bee excommunicated of his Bishop, it maye not bee lawfull for any other to receiue him, but only the partie that hath separated him, except that Bishop dye whiche hath excommunicated him: in this Canon power to excommunicate, and also to absolue, is in plaine wordes committed to the Bishop alone.
The fifte Canon of the Councell of Nice speaketh of this matter in these wor∣des: Concernyng those that are separated from the Communion, be they Clearkes or lay menne, by the Bishops whiche are in euerie prouince, Lette the sentence stande accor∣ding to the canon whych doth pronounce those that are eiected of some, not to be admit∣ted of other. But lette it bee examined whether the parties be excommunicated through the indignation, or contention, or frowardnesse of the Bishop: and for this cause, that the examination may be duly had, let there be in euerie Prouince a Synode celebrated twice in the yeare. The wordes be manyfeste: and what néede suche pr〈1 line〉〈1 line〉sion for to exa∣mine the dooings of the Bishoppe, if hée hadde not authoritie to Excommuni∣cate alone?
The sixte Canon of the Councell of Antic〈1 line〉〈1 line〉he is this: If any man hath bene ex∣communicated of his owne Bishop, lette him not bee receyued of any other, before he bee absolued of his owne Bishop, or shall defende himselfe in a Synode, and (the Synode beeing persuaded) receyue an other sentence. The same decree is to bee obserued a∣gaynst laye men, and Priests and Deacons, and those that be in the number of the Clear∣gie: Why shoulde the Councell saye? 〈1 line〉〈1 line〉ee that is excommunicated of his owne Bi∣shop. &c. if the authoritie and power of excommunicatyng did not belong to the Bishop alone?
In the seconde Councell of Carthage, Canon. 8. it is lykewyse determined, That if a Priest beyng excommunicated or punished by his owne Bishop, shall presume to cele∣brate, he shall be accurssed.
In the sixte Councell of Carthage Can. 10. the same is affirmed.
In the Councell holden at Sardica Can. 13. (or as it is in s〈1 line〉〈1 line〉me 〈1 line〉〈1 line〉ookes. 16.) it is in lyke manner decréed: That if a De〈1 line〉〈1 line〉con or a Priest, or any of the 〈1 line〉〈1 line〉leargie be excommu∣nicated of his owne Bishop, and shall flee to an other Bishop, vnderstanding that he is ex∣communicated of his owne Bishop, he may not giue vnto hym the communion, dooyng therby iniurie to his brother and fellowe Bishop.
By all these Canons and auncient Councels it is euident, that from time to time euen in the best and purest state of the church, Bishops alone haue had authoritie to excommunicate.
And least T. C. shoulde here flée to his olde shifte, and newly deuised distinction, that this is attributed to the Bishop, bycause he was the chiefe of the action, and did moderate it, and not bycause the authoritie and power of excommunicatyng remayned in him alone, althoughe the manyfest woordes of the Councells ouer▪ throwe it, and it is not to be iustifyed by any learning or good authoritie, yet that the Reader may the better vnderstande the vanitie of it, I will recite the. 14. Canon (or as it is in some bookes the. 17. canon) of this Councell of Sardica, wherein it dothe plainly appeare, that the Bishop alone did excommunicate. The canon is this: If there shall be founde a Bishop prone to anger (which ought not to be in such a man) and being soone moued against a Priest or a Deacon, shall caste him out of the churche, or ex∣communicate him, it must be foreseene, that he be nor rashly condemned and excommu∣nicated: therfore lette him that is cast out, haue libertie to complain to the Metropolitane of the same Prouince: if he be absent, then to the next Bishop. &c. and that Bishop which hath iustly or vniustly secluded him, must be contente to haue his doings examined, and his sen∣tence either confirmed or corrected, &c. What néed these affections be seared in the Bi∣shop, if he could not excōmunicate without the consent of a Seigniorie, or of the peo∣ple? For the Seigniorie might wel inough withstand this his hastynesse. Wherfore it is playne that the Bishop alone may excommunicate.