A treatise of the confession of sinne, and chiefly as it is made unto the priests and ministers of the Gospel together with the power of the keys, and of absolution.

SECT. I.

The Contents.

The Decrees of the Tridentine Council for Divine right, and authority of Confession. The Anathema's, held too severe by some moderate Romanists. Publick Exhomo∣logesis vilepended by those Fathers. The School-mens faintness in resolving for the divine institution of Auri∣cular Confession. The Canonists plant the same upon the universal tradition of the Church. Divines siding with the Canonists. Oppugners of Auricular Confession in former ages. Pretences of Divine authority from places of Scripture examined. Different proceedings in the Court of Conscience from earthly Tribunals. Special cogni∣zance of all sins not a necessary antecedent at all times to Priestly Absolution. God pardoneth many sins imme∣diately never spoken of to a Priest. Difference of Popish Divines concerning the matter and form in Penance, prove to be no such thing as Sacramental confession, which reacheth not higher than the Lateran Council. Confession of sin of the same institution as Repentance is. Divine institution manifold. In what sense Confession may be said to be of Divine institution.

THe Church of Rome (or the most in that Church) fa∣ther this imp upon Christ himself, and the institution thereof from no meaner an Author, & thereupon make it a principal part of a special Sacrament, which they call the Sacrament of Penance; and they have so strong a fancy that it is a Sacrament, and because it is so, or rather because they will have it so, it must be a divine ordinance, and of

Christs institution. Indeed if Confession did justly deserve that title, and inscription of a Sacrament, we should not stick to give unto God the things that are Gods; it being a Maxime in Christianity, that the Sacraments of the Church are of Divine institution; all the doubt is, whether Confession can assume so much justly unto it self, as to be the essential part of any Sacra∣ment, or no; and in this Inquisition we are to take these steps, The first, to enquire whether private Confession of sin ap∣pear to have been any where instituted by Christ. And again, if it may be demonstrated from the word of God, that there is any such Sacrament ordained by him, whereof private confes∣sion sustaineth such a part, as is reported in the Church of Rome. For the first it is very true the lawful use thereof depends upon the Institution; for God forbid but that his Institutes should be followed, and his precepts duly observed. It is good, yea very good (saith Tertullian) that God commandeth; I hold it impudence once to dispute, and question the good∣ness of Divine Precepts; nor ought we to hearken thereunto because it is good, but because God commandeth, the Majesty of his power must conduce to the performance of our duty. With God is the authority to command, and with us the glory of obedience. The onely doubt is, if God instituted any such thing, and that mans inven∣tions are not taught for Divine precepts. The Council of Trent, that popish Cynosura hath decreed Auricular Confession to be of absolute necessity from ordinance divine, and the Institutor Christ, who by investing his Apostles with the power of the keys then created this Court of conscience, submitted all sinners to this jurisdicti∣on, gave the Priests power to hear, and determine of all and all manner of sins, and the people a command to accuse, and lay open the least sinful actions, and fractions before these Judges, whom he hath made Lord Kee∣pers of this privy seal; where the proceedings for the trial of

sins and punishments thereof are carried exceeding privately. And that God hath not commanded, nor doth the Church now a dayes re∣quire open confession, and open pena••ce, and it would be an inconsiderate act to injoyn the same by any humane Law. Out of which Decree have been hatched these Anathema's; The first against all such, as shall deny clancu∣lar confession to have been enacted by Divine authority, or not to be necessary upon the same ground. The second fulminates against those, that shall gainsay such a Con∣fession, as necessarily required for the forgiveness of sins, however they may approve thereof for the instruction, and comfort therein, and believe it of old to have been observed, that CANONICAL satisfaction might be imposed. The third Ban is upon those that affirm the Confession of all sins (as the Church observeth) to be impossible, and that it is but a humane tradition, and to be abolished. This is the do∣ctrine of that Councils Canons, and Decrees. Where had those Fathers been as ready to prove, as reprove, and to confirm, as Censure, what they Anathematized, sure their thundrings would have been less, and lightnings more. Nor would the Divines of Lovian, and Coloign then assembled have desired more mo∣deration in those Prelates, both in compiling the decree, as the Canon, for avoiding of Scandal in the Catho∣licks, and in giving less advantage to the adversary in objecting what Di∣vines could not easily answer. For is it not strange that out of those words of Christ in John 20. A Commission should issue to all Priests, with power to judge; and to all Christians with command to appear at this Court, to indict themselves of all they are conscious of, and to undergo the Priests Penance, and

sentence; surely the ladder must be well framed, where such rounds are, and the links strongly set together, that shall draw on such a chain, and train of consequences. But the indiscre∣tion of these Fathers in one thing can never be enough admired, in debasing of publick Confession, and reconciliation as com∣manded by no law of God, nec imperantium bono futurum, nor should it be well done for any to command the same, whereas the Fathers truly so called onely countenanced, and esteemed this, when the other was hardly hatched; of this in their wri∣tings there is frequent mention, but of that (now Romes dar∣ling) scarce any foot-steps appear; For let any living Proctor on that Councils behalf resolve me, why publick Confession of sin should be but permitted by Christ, and the Private by him injoyned; why a Magistrate should do ill in making a law for solemn Confession, and Christ institute and command the Auricular? Can that Confession confined unto private walls be of greater virtue, than that which breaks forth on the house tops? or do the keys unlock better in a corner, than in open view? Or shall a sinful story told in secret, come by a pardon sooner, than that which is di∣vulged before all? Or shall the Absolution of a Priest, grant∣ed in a Chamber, or a Closet, prevaile more than a Reconcilia∣tion made by the Bishops and Priests in the open Church? No less impudence is to be found in the words following, that by the holiest and ancientest Fathers, secret Sacramental Con∣fession (as it is now used, and ever hath been in the Church) hath been alwayes commended. Let those old records be com∣pared with this new practice, and then judge of the integrity of these new Fathers.

We will enquire what news there was of this ordinance be∣fore the opening of that Council, and whether the Schoolmen are confident, or a little scrupulous upon whom to father it. Scotus makes a question from whence the Mandat of Confes∣sion is derived, from the law of God, or from the Churches constitution; and this latter he would approve of, if two rubs

lay not in his way: 1. That the Church would not have made so bold as to have imposed such a burden up∣on the Consciences of any, without express warranty from her Spouse? The true and chaste Church indeed would not have adventu∣red without her husbands privity; but the Church of Rome hath set upon greater matters than this comes to. The treading upon Emperours necks is as great a daring as the trampling up∣on the Conscience. The Popes keyes have gone beyond Peters, not onely to excommunicate, but deprive Princes; locking them forth of the Church, and their Regal Throne too: Such instances as these set forth the impudence of that Strumpet. 2 His other scruple was for that he knew not when, and where the Church imposed that precept: for this scruple, let him cast his eyes back upon a Council held not long before his time, and there he shall read it decreed for bo••h sexes once a year to come to Confession. And there that the time was instituted, and not the duty is (with reverence to a doughty Sorbo∣nist) unto a judicious understanding a thin, and poor evasion. By the way take notice Christian Reader, of that large assertion of Scotus, that there cannot easily be found any decree of Council, or precept of the Church extant for Confession; thence he proceeds to the Glossator upon Gratian, and acquaints us with his opinion, viz. It were better held, that Confession was insti∣tuted by a kind of universal tradition of the Church, than from any authority of the Old or New Testament. And that it was taken upon the trust of Tradition rather than ready payment of the Scripture, the not admitting of any such custome in the Greek Church, brought the Glos∣sator to that mind; for that Church would not wittingly cast aside what

Gods word imposed. After all this Scotus turns to the other side, and utters this faint opinion; It seemes more reasonable to hold, that Confession may fall under a Divine positive precept. A luke-warm assertion, not firmiter tenere, constantly to believe, but rationabiliùs, more reason for it, and not tenetur it must be held, but videtur it may seem, it is so, but as it seemeth; and cadat, non cadit, it may fall under a divine precept, and it may not fall out so: what it seemed unto Scotus, I know not, but it seemeth unto me, that the faith upon the divine ordi∣nance of Confession was then but of tender growth, and not fully ripe till the dayes of the Council of Trent. At length discarding some of the usual arguments, weakning others, and delivering some new ones of his own, (whereof the Reader by and by amongst others shall have a reckning) he resolveth all his disputes into this uncertain conclusi∣on; Either it must be held, confession to be of divine right promulgated by the Gospel, or (if that suffice not) that it is of divine positive law promulgated by Christ unto the Apostles; and by the Apostles unto the Church, without any written Scripture; as there are many points which the Church imbraceth, (too many) delivered by word of mouth from the Apostles, with∣out any Scripture at all. Thus is the gentle Reader left unto his own choise, which opinion to trust unto, whether confes∣sion belong unto the Scriptures, or Tradition; and were I a Romanist, (considering what Confession is now come to in that Church) my thoughts would pitch upon the latter as the best cover; But here is the inconvenience; if a Sacrament be ver∣bum visibile (and this they will needs have to be a Sacrament) it were but a sandy foundation to lay the fabrick thereof upon verbum invisibile unwritten tradition. Thus goeth the case with Scotus, not altogether after the Roman cut; and hereof the Cardinal gives a reason; Because he and other writers lived before the celebration of those Councils, wherein these points were accurately handled, and unfolded.

Gabriel agreeth with his Master Scotus, and for a final determi∣nation resolveth; That the Apostles re∣ceived it from Christ, and the Church from the Apostles in so secret a manner, as the Scripture maketh no words thereof at all. A private con∣veyance perhaps sorted best with a private business. This Schoolman makes up an answer to that objection of Scotus, sc. It cannot be a Church ordinance except the time, and place be shewed where the same was ordained, round∣ly denying, that express mention of time and place is requi∣site to shew the Original of every Ecclesiastical constitution, and assureth us, that many traditions, and customes are recei∣ved by the Catholicks as Church-Ordinances, wherein they are to seek for the ubi, and quando of their beginning. A Church-law then Confession might be in Gabriels opinion, though it be not extant where, and when it was introduced. The Seraphical Doctor saith, The Lord hath not instituted confession im∣med ately and expresly; And the Arch-Bishop of Florence, Christ hath instituted confession tacitely, but the Apostles have published the same ex∣presly. Scarcely can these two sentences be pieced together; Christ hath not instituted immediately, saith one; that is, not in his own person 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, but by his substitutes the Apostles; it was not instituted from them, but promulgated, saith the other, from whom then? He insinuated Confession (saith a third) and that secretly too, leaving the publication thereof for the Apo∣stles; and if he have done so, The Apostles it seemeth were unmindful of Christs charge, no where to pub∣lish a point, and Sacrament of such importance. One Apostle indeed saith of one Sacrament indeed; That which I received of the Lord have I delivered unto you. But of this matter no news, no syllable, a deep silence; yet the same Apostle averreth that

he had declared unto them all the counsel of God; surely he was not of our Saviours counsel in this behalf. It is then true alike, The Apostles published this doctrine, and Christ insti∣tuted it.

Thus he Schoolmen stumble at the institution, but the Cano∣nists go down right to work; for the glory of that order Pa∣normitan repeateth what others, and relateth what himself hol∣deth thus; Some say that confession was instituted in Paradise in a figure, when God upon the by urged Adam to confess his sin: Others under the Law; and others figuratively in the New Te∣stament, when Christ said unto the Le∣rers whom he healed, Go and shew your selves unto the Priests. Others from the authority of Saint James the Apostle saying, Confess your sins one to another. But the gloss upon that place holdeth, that it was rather instituted from a general tradition of the Church; hence it comes to pass that the Greeks sin not, in not using Con∣fession, for they confess to God onely in secret; and because this institution hath not yet attained unto them, as we say in the like case of incontinency, that their Priests offend not in marry∣ing, for single life is but a positive law, and they never admitted of that institu∣tion.— This Opinion pleaseth me much, because there is not any clear authority, which intimateth that either God, or Christ did evidently ordain that Confession should be made unto a Priest But at this present time since with us it is a tra∣dition generally received; A member of the Latin Church should offend mortally in forbearing the use of this Confession. From which testimony we gather these gleanings: 1. That the ground of Confession is a general tradition of the Church. 2. That the Greek Church used not auricular Confession, nor

had that institution reached(a) as yet unto them. 3. That single-life in the Clergy, and clancular confession, are observed in the L••••in Chu••ch upon like grounds; viz the positive Laws of the Occidental Church. 4. That the obligation of single-life, and confession, are of force in the Ponenti••e Churches one∣ly, where they have formerly been admitted. 5. That as the Greek Priest sinned not in contracting marriage, because Coe∣libate in Priests is but de jure positivo onely; no more did the Graecians in not confessing, because the institution thereof is but de jure positivo only, and both restrained to particular Churches, and they remaining without the compass of those ordinances. 6. That a member of the Latin Church sinneth mortally in ab∣staining from Confession, because in that Church the general tradition therof hath been received. By all of which it appeareth that Canonical obedience was required only to Confession, as an useful constitution of the Church, and of such persons and places onely as had consented thereunto. The succeeding Canonists have sailed by this compass: All of them (if credit may be given to impetuous Maldo∣nate) following their first interpreter, say that confession was onely brought in by the law of the Church. And in truth the Gloss of Semeca upon Gra∣tians decrees, and the handling of that gloss by the late Roman Correctors, clearly shew the wind to be in another corner with them than at Rome: for John Se∣meca, a Glossator upon Gratian, approving that opinion which setled Confession upon Church tradition, is checked by one Frier Maurick, appointed by Pius V. to oversee such Glos∣ses, with this Marginal note. Nay Confession was ordained by our Lord, and by Gods law is nec••ssary to all that fall into mortal sin after Baptisme, as well Greeks as Latins. The Council of Trent had said Amen to this, and Anathema to that opinion; therefore all Glosses, decrees, and determinations Theological, must be calculated according to that Latitude.

Then were the Canonists put to silence, but the Divines

keep a muttering still. Peresius Aiala derives the lively expres∣sion thereof from tradition; for how∣ever (saith he) this confession might be shadowed forth in the old Law, might be commended by the fore-runner of Christ amongst the parts of Repen∣ta••ce, might be used by the Ap••stles, and at last seem to be instituted by Jesus Christ our Redeemer; yet the naked and evident reason of this Sacramental institution, in respect of the substance, and circumstances thereof, is onely manifest from divine tradition. His Countrey-man Canus, a Divine of some judgment, but more freedome than usually is amongst men detained in servi∣tude, having sifted those texts vulgarly recited for this pur∣pose; concludes of that in Saint James, Confess one to another, &c. & that other of Christ, shew your selves to the Priests, as of testimonies too weak to incounter Hereticks; and betakes himself to this last refuge; Although it may be easily said, that, let it be granted there is not extant any such command in holy Scripture, notwith∣standing it is received from the traditi∣on of Christ, and the Apostles, as many other doctrines of the na∣ture of faith are. Add hereunto a Provincial Synod assembled at Pertcrovia in Poland, where the Fathers conclude thus; From hence it may be collected, that Auricular confession was without doubt delivered from Christ by word of mouth; the greatest part by far of whose sayings and doings were never commit∣ted unto any writing. In the opinion then of this Conventicle, Christ in∣stituted the same; but where and when tradition can best in∣form.

This want of Proof in Scripture, and Resolution in Divines,

occasioned some in those times to be otherwise minded. The Waldenses of Provence and Daulphine, Anno 1535. amongst sundry other Articles of their Belief as had been taught unto them from Father to Son for many hundred years, sent to Oe∣colampadius, and Bucer, this seventh; Auricular Confession is not commanded by God, and it is concluded according to the holy Scriptures that the true Confession of a Christian consisteth in the confessing of himself to one onely true God, to whom belongs honour and glory: There is another kind of confession when a man reconci∣leth himself unto his neighbour, whereof mention is made in the fifth of Saint Matthew; the third manner of confession is, when a man hath sinned publickly, and all men take notice of it, so he con∣fess, and acknowledge his fault pub∣lickly. Our Countrey-man John Wickliffe began openly to oppose Sacra∣mental confession, affirming the same not to founded upon the Scriptures, but to have been brought in onely by Papal institution: saith his Antagonist Tho. Walden, and not unlikely; for in that ridicu∣lous pack of heresies amassed by the Council of Constance, and laid unto his charge, this we find for one; If a man be duly contrite, all external confession is superfluous, and unprofitable. And in a declaration of Walter Bruit, containing divers positions by him asserted, Anno Dom. 1393. this is one; that auricular confession is not prescribed in the Scripture. Add unto these how in the Province of Tholouse, a certain People called Boni homines, (a branch of the Waldenses, if not the tree it self) being questioned by the Bishop of Lyons, If every man ought to confess his sins unto the Priests, and Ministers of the Church, or else to a Lay-man, or to those of whom Saint James saith, confess your sins one to another: They answering said, for them that are sick, they may confess to whom they please; Of others they had nothing to say, be∣cause

Saint James spake onely of infirm p••rsons. The Bishop further demanded of them, if contrition of the heart, and confession of the mouth were suffici∣ent, or if satisfaction after penance in∣joyned was necessary, in bewailing their sins in fasting, afflictions, and almes∣deeds, if they were able. They answer∣ed saying, Saint James saith, Confess your sins one to another, that you may be saved; and by this they perceived that the Apostle com∣manded nothing else, but that they should confess, and be saved; neither would they be better than the Apostle, as to add any thing of their own heads as Bishops do. So hath Roger Hovedon re∣lated their tenet in the process of their condemnation. After∣wards Anno Dom. 1479. there issued a commission from Rome to Alphonsus Carillus, Arch. Bishop of Toledo, authorizing him to assemble a Synod at Salamanca, and convent the Pro∣fessor there, Petrus Oxoniensis, for teaching these conclusions; 1. That mortal sins in respect of the offence, and punishment of the other world, are blotted out onely by the con∣trition of heart, without relation to the keyes. 2. That confession of each par∣ticular sin was grounded upon some sta∣tute of the universal Church, and not upon divine right. 3. That evil thoughts ought not to be confessed, and are blotted out by a dislike, and displea∣sure thereof, without reference unto the keys. 4. That confession ought not to be held in secret. All of which were condemned at that meeting, and that condemna∣tion ratified at Rome, and that Ratification inserted for the worth thereof, into the Extravagants, by Sixtus IV.

This opinion then could no sooner peep out, but it was cut off by such as in those ages struck the stroke. It remaineth now that we examine the grounds of such Censures, and con∣demnations. Some of the Theologues that stand for divine insti∣tution,

alleage Christs direction to the Lepers, Go shew your selves unto the Priests: I say some, not all; for the more ju∣dicious have laid aside this leaden weapon. But that some which gape more after the froth of allegories, than the clearer streames of the literal and genuinous sense, have somewhat esteemed thereof, as Haymo; for that not onely sins must be confessed to the Priest, but moreover that by their ad∣vice penance, and satisfaction of par∣don must be obtained; it was well said, Go shew your selves unto the Priests, for unto the Priests instead of God are sins to be opened, and penance at their discretion to be imposed. And a little after; The man that hath the le∣prosie of sin in his soul, ought to resort unto the Priest, and humbly make confession of his sins. Thus Haymo hath laid a weak load upon a weak back; yet such is the weakness of our Rhemist; judgments, that they think it worthy to furnish an Annotation, and in good sadness tell us, that by leprosie is meant sin, to be healed by the Ministery of the Priests; and by shewing, Confession, and to that purpose quote a book of Saint Austins as truly his, as their note is unto the text. Such allusions may serve to stuff a Postill, but not to back an argument, as a French-man cries out upon his Auditory. Shew your con∣sciences (good people) unto your Priests, and declare your sins unto them, if you will be healed. However the Pul∣pit may flourish with such Clerk-like collations, the Polemical writers are squemish therein. The Cardinal likes the allegory, but not the pillar that sustaines it; for we do not affirm (saith he) that the Lepers were dispatched by Christ unto the Priests, to confess their sins unto them; but as in the old Law the leprosie of the body was of Priestly cognizance, so in the new, Spiritual-leprosie is to be ta∣ken

notice of by our Priests likewise. Why then did Christ s••nd them? thou wilt say, To shew the respect he bare unto Levi's order, and to re∣move that scandal, as if he went about to break the Law. And why the Lepers above all others of the diseased were sent to Christ, Lyra gives two reasons; 1. That the Priests might testifie if they were thoroughly healed; and so against their wills be witnesses of the Lepers curation, and Christs miracle. 2. To offer for their healing the sacri∣fice appointed under the Law; upon other errands than they were sent, and not to confess their sins. Remitted then they were unto the Priests for trial, and examination, not for any acknowledgment; not to confess they were Lepers, but to make it apparent to the Priests first, and by the Priests to the people, that they were healed from their Lepry, and freed from the danger of infecting; It being the Priests office to try such men, and they to undergo the censure. How impertinent then is it to infer a Divine institution from a politick ordinance? and to make a Law of State to become a ty∣pical ceremony? especially where the manner and end are so different; for in Auricular Confession the sin is ac∣knowledged, here the benefit; the act there is private, here publick; there the spiritual lepry is revealed, that it may be cured, here after the cure, that it may be cen∣sured; there that the Confessed sinner might be restored to the faithful society, here that the convicted leper might be exiled; there exposed as an example of devotion, here expelled upon danger of infection; there penitents make their resort to receive the benefit, and here the lepers to be thankful for the benefit r••ceived. This shewing therefore unto the Priests, shews no such matter as Auricular Confession to be of Divine right and institution.

We must then see better cards. Their best plea is from the words of Christ; Receive the holy Ghost: whose sins soever ye re∣mit, they are remitted unto them, and whose sins soever ye retain, they are retained. Words of a pregnant sense in the Church of Rome, as to bring forth at one venter twins, two Sacraments of Penance and of Order. That Christ therein conferred a pow∣er to the Apostles, and their successors over sins, is a clearer truth than may well be denied; but whether such a power over consciences as is exercised in that Church, must now be questioned. The power it self in remitting and retaining sins, we must adjourn to its proper place, and must for the present examine whether the words of Christ, in themselves considered, or by necessary consequent prove auricular confession to be of divine right and institution. The Roman Divines insist upon the latter, and endeavour by necessary consequent to infer the same thus; Such as have fallen into sin after Baptisme, are bound by Gods law to repent thereof, and seek to be reconciled unto him, but none can be truly penitent: or reconciled unto God without confession of sin unto the Priest; which assumption they further confirm thus; Christ hath instituted the Priests judges upon earth with such power, as without their sen∣tence, No sinner after his Baptisme can be reconciled: but no Judge can pass a sentence upon unknown sins, and secret sins cannot be known but by Con∣fession of the party; therefore, they conclude, &c. from which discourse thus framed, arise in their opinion these two Con∣sectaries; 1. That Priests are instituted by divine right to hear and determine of sins brought before them by Confession. 2. That sin∣n••rs are injoyned by the same autho∣rity to appear at this Tribunal, and there to accuse themselves, that they may be absolved. And as God hath ordained and commanded Priests to hear Confessions, and to pardon sins; so by the same ordinance, and command,

hath he obliged the believing Penitents to discover and declare their offences. No argument more cried up than this, and as common with Romes proselytes, as water in Tiber: and thou hast it (good Reader) as it is pressed by a Jesuite and a Sorbo∣nist, who would be thought to be the onely Scribes and Phari∣sees of Papal Divinity; and mayst observe how all the force hangs but upon the by, one wheel moving another, that if the least flaw happen in any one, the motion, that is, the conclusion ceaseth; Many consequences, but how put together, by what pins, and contignations, that's a secret.

—depinge ubi sistam Inventus Crysippe tui finitor acervi.

For according to this induction, without Confession to a Priest no absolution, and without Priestly absolution no remission; and without remission from the Priest, no reconciliation with God. Or thus; No reconcilement betwixt God and a sinner, except his repentance be sincere; no Repentance is sincere till the Priest approve, and judge it to be so; no Priest can judge of the Sincerity of Repentance, without notice of the offence; and notice he cannot have without a sinners confession: Thus have you this argument up-staires and down-staires. And if all these inferences flow so naturally and necessarily from the text, how dull-sighted were the Ancient Doctors that could espy none of them. Let us tread this Climax 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; for if it appear that the Priest is not constituted a Judge in this case, then there will lie against him exceptio fori, and a sinner may de∣mand, Who hath made thee a judge over us? Or if a Judge, yet not infallible, and is not sure alwayes to remit where God re∣mitteth, and retain where he retaineth. Insomuch that then, and there lies an appeal from him to the Judge of all the world who will do right; also if many sins are brought before God in prima instantia, and pardoned by himself 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, then all sins are not so necessarily to be spread before the Priest. Again, if God hath invested the Priest with judicial power to take cognizance of sins in this Court of Conscience; and hath laid no necessity upon sinners to resort thereunto with suit and service, but left

it to the liberty of each mans Conscience in submitting himself to the jurisdiction thereof. If (I say) these, or any of these be just exceptions, the nerves of this argument will be soon abated.

I will let the first alone, Whether the Priest be a Judge or no [ 1] in the matter of Absolution; but take him for one, and that there is such a private Court of Conscience, wherein the sinner arraigns himself, and the Priest pronounceth sentence, yet the proceedings differ much from all Secular Tribunals, where earthly Judges must take notice of the fact in particular, and go according to Evidence; here because the Courts are kept in Gods name, to whom all things are known, and for that he cannot be deceived, but man may, a Priest may leave the knowledg of the sin to God, and yet take notice of the Sinners repentance, (so far as in him lyeth) and according to his ap∣prehension grant him absolution. I cannot free this Subalter∣nate Judg from being imposed upon; but dare confidently aver, the Soveraign Judge cannot be deluded. I say more∣over, A Priest may think he hath proceeded right, according to the light he hath received, and yet be mistaken; for a sinner may put on the outside of Repentance so artificially, as to com∣passe his absolution from his Confessors hands, but from the highest hand his further condemnation. And ofttimes a great Penitent may make so little shew, that the Priest may see no reason to acquit him, whom God seeth great cause to absolve. The cause then is many times not fully nor truly opened unto man, but unto God alwayes. There is a difference (saith Chemnitius) betwixt a judicial Tri∣bunal, and the function of the Ministery of the Gospel; At the Judgment-seat accordingly as the cause is opened, be it good or bad, is judgment given; but the Ministery of the Gospel hath a com∣mand of declaring and imparting a be∣nefit from another, viz. remission of sinnes from Christ,— again, He that seeketh absolution, proposeth unto him∣selfe these two, First, God, from whom he craveth, and seeketh remission of

sinnes, and therefore before him pou∣reth out his whole heast, In the second place he proposeth unto himself the Mi∣nistery, by the Voice whereof, as from an Amb••ssador, Nuntio, or interpre∣ter, God bestoweth and sealeth an absolution. When therefore I have made my case known unto God, a scru∣pulous enumeration is not necessary before the Minister, who is one∣ly the dispenser of anothers favour; and then adviseth the Mini∣ster, that if he perceive the Penitent, who seeketh for absolution, to have a competent knowledge what sin is, and what repentance is, and what it is to believe on Christ, upon which notice he is war∣ranted to give absolution. And much to the same purpose Canus; We must call to mind that the end of this sacramental judgment is not pu∣nishing, and the vindicating of justice, but the vindicating of salvation; whence it is, that although at that Tri∣bunal which serveth onely for infliction of punishment, there is required an exact knowledge of the offence, that the punishment m y be squared according to the nature thereof; yet in this sa∣cramental judgment a strict account of sins is not exacted, but such, and so much onely, which is necessary for the salvation of the peni∣tent; for that is the scope of that judicatory proceeding. Wherein we note, 1. Confession of sin is so far forth required as may be for the Penitents salvation; 2. And again, that an exact confession of all sins is not requisite ro the salvation of a Peni∣tent; 3. And lastly, the ends aimed at in this Spiritual Court, are not the same with the terrestrial benches; for here the way is made for mercy, and there the work for justice; judgment is remembred there without mercy, and here mercy without judg∣ment; thereupon an exact and curious search into t••e knowledg of all sins is not so necessary to this spiritual Judge, and so the first link in the chain is broken.

[ 2] But suppose a confession so exact, and an enumeration of sins so scrupulous as Rome willeth, were thought necessary,

what if the Judg proceed not to sentence according to the right opening of the case? We make no question of the Judges au∣thority, we suspect his sincerity, and there is great difference between authority to do a thing, and infallibility in the doing of it. Now his sentence is right, and ratifyed in heaven, when he proceeds according to evidence, but it is not infallibly cer∣tain, that he shall ever do so; and we cannot imagine any erro∣neous sentence to be confirmed above, sine Coeli infamia, with∣out dishonouring the Supream Judg. And that sometimes the Priest is out, the School distinguishing of the erring key, con∣firmeth; for what need to distinguishing of the erring key, if the key never erreth? therefore Lyra hedgeth him in, and tells him that his sentence is allowed of by God, when the judgment of the Church is conformable to his. Never any simple Priest hath been so arrogant as to assume this priviledge to be infal∣lible, the claim whereof the high-Priest at Rome hath made his prerogative: but what will you say if the Pope hath erred, and that in this present business of absolution, and eke in his own case? Read this ensuing story, you that are devoted to his chair, and tell me how you like it.

Popes have power to make choice of their Confessor, of whom they please; and there was a Pope perceiving his life to draw to an end, that com∣mitted to a Chaplain of his own, Apostolical power to ab∣solve with plenary authority as in the year of Jubile; By virtue whereof, after confession made, he received absoluti∣on, and so departed this life. Not many dayes after he ap∣peared to his Chaplain with a heavy look, and in a mourning weed, and being demanded, If he was the late Pope, answer∣ed yea; also the Chaplain desiring to know why he was so dejected in countenance, and clothes; for that, quoth the Pope, I am adjudged to eternal death; Is it possible, replied the Chaplain, since upon thy confession thou receivedst the benefit of plenary absolution? it is even so, said the Pope, because the highest Judge would not ratifie that absolution.

The Relator tells us, how by this apparition God would let us know, that if it be so in the green wood, and top of the Church, we should consider what may fall out in the dry and under branches thereof, where there is less authority; that

although God and the Pope have but one Consistory, yet they are not alwayes of one mind; and if Christ confirm not in hea∣ven the sentence of his Vicar on earth, we may well doubt if every Sir John's absolution discharge us before God; and if the Popes keys may erre in his own case, we may suspect their in∣tegrity in other mens; and so we see the second link in this So∣rites is feeble, and apt to be broken.

For all this, let it be granted that sins must be fully open∣ed, before the Priest can proceed to Sentence; and that he could not proceed amiss in the sentence of absolution and par∣don; yet except God had made over the hearing of all sins unto his Priests, and reserved none to himself, as not minding to be troubled about any such matters, and had resolved nei∣ther to forgive the sin, nor give the audience, but to such onely as the Priests have remitted, the argument would be the more impreg∣nable. But if our God be contrary minded (as sure he is) ha∣ving shut out no sins from his gracious audience, and is of so quick an ear, as to hear the very desires of our hearts; and so swift to mercy, as to prevent oral Confession with a pardon; how loosly doth this reason hang? The present Greek Church upon confidence hereof addresseth her self unto God for a par∣don, even for those sins which upon some causes were left out in Confession. Thus writeth their late Patriarch; Whatsoever sins the Penitent for forgetfulness, or shame∣fastness doth leave unconfessed, we pray the merciful, and most pitiful God, that those also may be pardoned unto him; & we are perswaded that they shall receive a pardon of them from God; thus he. God then remitteth sins never confessed to a Priest, and ofttimes retaineth sins that are con∣fessed; for the Priests sentence is not alwayes agreeable with his, nor of the same latitude and extent; God remitting whomsoever the Priest assoileth, (if he proceed aright) and

many more besides; and retaining whose sins soever he retain∣eth, and many millions besides. Thereupon Scotus observeth, that the words of this Commission are not precise, that is, whatsoever you remit, I remit also, and no more; and what∣soever you retain, I retain, and that onely: For that many more sins are retained by God over and above those which the Priest retaineth is evident; The Priest onely retaining such which are detected, in such a confession, whereof there are apparent signs, that it proceeds not from a penitent heart; in such cases where a sinner shall confess his sins and ex∣press no sorrow for the same, like those Qui peccant & publicant, sin and glory in their sin; wherein the Priest doth not absolve, that is, he retaineth, and reserves for future sorrow, or punishment. Now God retaineth those that draw nigh to himself and the Priest with their lips, but are far from both in their hearts; God, I say, retaineth these, and all those likewise that are not known to the Priest, if they be not repented of, to be punished in hell fire. So for the other mem∣ber, viz. remission of sins: If more sins be retained by God than are by the Priests, it followeth that more sins are forgiven by God than are by Priests also; for be it far from us to think, that God shall be more strict than the Priest in retaining, and not more copious than the Priest in pardoning; or that God should exceed the Priest in detention of sins, and not in remission. No, no, God is rich in mercy, and though in mer∣cy he so far remember justice as to retain more sins than Priests take notice of, yet his goodness is so great, as to forgive more than Priests are able to take notice of, or well understand. Therefore the Commission runnes in words affirmative, and not negative; as if the remission and retention of sinnes made by the Apostles were precisely equall, and of the same dimensions with the remission and retention of sinnes made by God, which the negative termes, if they had been added, had also comprised; for Christ doth not say by way of negation after

this manner, whose sinnes soever ye remit not, they are not remitted, and whose sinnes soever ye retain not, they are not retained; for then the pow∣er in the hand of the Priest had been adequate unto that of God himself, and all sins must neces∣sarily have come through their hands to Absolution. But their power is as a lesser sphere wrapt in a greater; a spark onely of that celestiall flame; or as the crumbs which fall from their Masters Table. For example, as every thing that standeth un∣der the roof of an house, is under the cope of heaven, but not wwhatsoever is under the Sun, is included under that roof; so accordingly whatsoever the Priest remitteth accord∣ing to Gods Word, God remitteth; but not convertibly, whatsoever God remitteth the Priest remitteth. There remain∣eth then forgiveness for sin in store, besides that which the Priest ratione officii bequeatheth. Therefo••e all sins are not re∣strained to Priestly remission, nor by consequence to Auricular Confession, as the onely means to come by absolution and par∣don; and so the third link is broken.

[ 4] Last of all, let it be granted that the Apostles and their suc∣cessors have power from hence to remit sins, not principally, but Ministerially, by way of arbitration; and that they cannot ar∣bitrate in an unknown cause, and thereupon the matter which they are to decide, is to be made known unto them; and let that manifestation be granted to be confession, what will follow from hence? No more in the judg∣ment of Scotus, then, that this was a good and profitable ordinance, in∣stituted by Christ, yet not necessary to be observed; for instance whereof, Confirmation and extream Ʋnction (which go for Sacraments at Rome as well as Penance) both must be thought to be of divine institution, yet neither adjudged necessary, nor is there (saith this Schoolman) any precept urging the use thereof. So

here Arbitrators are appointed in cases of conscience, but no ex∣press command for any to submit to that arbitration. Pose le cas, There are 4. Priests, with equal power of absolution, yet a Penitent being in place, is not tied to submit to any one, but to whom he please. Here is then a judgment-seat erected, a Judge set upon the Pench, with commission to hear and de∣termine of all sins, and yet no sinners compelled to come in but such as please. It seemeth Scotus held the words of Christ to invest the Priest with the power of a Judge, and Arbiter in the case of sin, to him that voluntarily submitted to that Tr••bunal; but withall that the words command not sinners to consent, and subject themselves precisely to that jurisdiction. At Caesars judgment seat Paul stood, and ought to be judged, here a sinner may stand if he please, and be judged if he please, and subject himself to that censure, but he oweth no necessary service there∣unto: This seemeth to be this Doctors opinon, though I suppose the business dependeth not upon this uncertainty; but that there are some kind of sins, though not all, and some sort of sinners too, though not all, that not onely may, but must come in & be judged here, if they love the welfare of their souls, as we shall see hereafter. Let us now gather up the broken pieces of this Argument. 1. The Priest is to have notice of the sins of the Penitent before he can proceed to censure; that's true, but a general knowledge may sometimes suffice, without exaction at all times of particular Items. 2. The Priest is constituted a Judge in such cases; that peradventure is true, but then he is fallible, and often erring in judgment. 3. The Priest remit∣teth sins; that's true in a good sense; but God remitteth more properly and more then he, and many more without him. 4. The Court of Conscience is up, the Judge enabled with authority, and is present at the Bench to hear; true, but liberty is left to Christians to resort, or not, to submit, or not, to that jurisdiction.

Thus this Master-proof hangs together like a rope of sand; for the matter it self, I suppose, great is the authority which Christ in this place hath put his Priests in, and to great purpose questionless, as in due time may appear; and great care is to be taken by such that depend upon them, how they frustrate

not the power of God, or rather their own souls of salvation; for the Priests bear not this power in vaine. Nor may the Spi∣ritual men vainly imagin that they are in place, cristas erigere, & aliquid sumere de supercilio Pharisaeorum, as Hierome said of some, to become Pharisaically insolent, or tyrannical; nor are the people to dread the same, as an usurpation upon their consciences; but to be perswaded, that this power is conferred for their peace, this Physick for their diseases, and this Mini∣stery for their reconciliation. Therefore when other Physick will not work, prove this; when the peace of Conscience can∣not otherwise be had, seek it here; and when thy Reconcilia∣tion can no way else be made, use these Arbiters and Media∣tors: And although Christ hath not expresly charged thee to repair unto this Court, to lay open thy case before these Judges, and submit thy self unto their cen∣sure; yet consider how God would never constitute a Judge without a Circuit, nor erect a Court without a jurisdiction; and bethink with thy self for thy good all this was and is ordained. He hath said, and commanded his Physici∣ans to heal; and hath not said unto the sick, Go ye to those Physicians and be healed; for this he would have sup∣posed for a certain and indubitate truth, that sick men will gladly offer themselves to Physicians to be cured. Let an Hospital be once erected, and endowed with maintenance for poor impotent people, and you need not command, or compel them to come in; great suit shall be made to the Founder and Overseers for admittance. The Priest sits, the Courts are open, the Medicines are prepared, the reconciling keys are in his hands, yet little or no attendance upon this Judg, no repair to this Physician, no submission to this Reconciler. To one that demanded why Philosophers repaired to Rich mens houses, and Rich men never to their Cells; it was answered,

That Philosophers knew they had need of such men, but Rich men were ignorant what use might be made of Philosophers; for concerning spiritual diseases we esteem our selves so sound, or if we are diseased, our selves so skilful, as to need none of the Lords Physicians. I say no more, but that it were better we did not see so much, or saw better then we do. And thus much to this argument.

Another Reason is yet behind, to prove confession of di∣vine institution, because it belongs unto the Sacrament of Pe∣nance. By which Sacrament the Popish writers understand not the inward Contrition of the heart, but an external sign, and expression thereof, and not every contrition so expressed; for Niniveh published her sorrow in sack-cloth, and in ashes; but this Sacrament was not under the Law, but under the Gospel; nor every external expression under the Gospel, unless Priestly absoluti∣on be set thereunto. If a man would catechise those Rabbins in their own Rudiments, it would appear how ridiculous it is to teach mans traditions for Gods precepts; for demand of them what is the outward sign in this Sacrament, or matter thereof; One will answer, the sin confessed; no saith the Cardinal, sin is not the matter whereof, but whereupon the Sacrament worketh. Scotus and Ockam make onely absolution to be essential therein; And they (saith he) must be born withal living before such Coun∣cils were called which handled the matter accurately. Contri∣tion, Confession and Satisfaction, are not parts of Repentance, as it is a virtue, as it is a Sacrament, saith the Master of the Schools, and if Repentance as a virtue be the Saint, and as a Sacrament the shrine onely; let Rome keep the Sacrament without envy, so we retain the virtue. Yet the Franciscans assembled at Trent, disliked that the actions of the Penitent should be the material part of Penance, because the matter of the Sacrament is a sign applied by the Minister unto the Receiver, and never the actions of the receiver himself. The sign (saith Gropperus) is absolution gran∣ted from the Priest; the thing signified is the reconciliation of a true

Penitent that hath made his confession. Not so, saith the Cardinal; absolution is not the sign, but the form thereof. I should wea∣ry my Reader with relating popish differences. Here Bellar∣mine would part the fray, telling one Schoolman, he speaks not so fitly; another, not so advisedly; or else (as before) he lived before those Councils that went accurately to work. For our parts, I think we may promise, that when their strife is ended about the institute, we will become good Friends about the Institution. Of a certain thus much; Antiquity never knew Repentance by the proper name of Sacrament. Damas∣cene, a late Father, and well-nigh born out of due time, upon purpose treating of the holy and un∣defiled Sacraments of the Lord; (for that title doth that Chapter beare) mentioneth two Sacraments onely, viz. of our spiritual birth, and spiri∣tual food; for our birth is of water, and of the Spirit. I speak this of holy Ba∣ptisme; but our meat is the bread of life, our Lord Jesus Christ; for see∣ing that this Adam is spiritual, it behoveth this birth, and in like manner this food, to be spiritual; and laies out the whole Chapter upon these two onely. The rest of the Sacraments were not then Orthodox oe fidei, else there would have appeared some foot-steps thereof, in that Father; and that Treatise, which so summeth up the necessary, and most important principles of Christianity.

It is time to draw to an end of this matter; Then in the name of God what is to be thought of this ordinance, to what head is confession to be referred? If the Question be of that con∣fession as is now practised in the Church of Rome, the Brat for ought I know, must be fathered upon the Council of Lateran, under Innocent the III; then Coun∣cels lost their freedom, when they were held under: no decree could pass by them wh••ch were under, with∣out leave from those which were above.

A great many met there, M. C. persons, but Abbots, and Pri∣ors to the number of DCCC. Strange matters fell out there? yes, that so many assembled to so little purpose: Many mat∣ters were proposed and consulted on, but nothing there could be decreed openly, saith Platina: Of so many matters consulted on, and not any one could be decreed upon? Sure so many Fathers consu••ted to great purpose, and perhaps agreed no better than the Republiques of Pisa and Genoa then together by the eares at Sea, besides o∣ther combustions in the continent. But if nothing there was resolved on, where is the decree of private Confession? that will issue well enough from thence, for the Historian saith, no∣thing was decreed openly; Clancular Confession then crept in there clanculùm & malis artibus, at some back doore, and un∣der hand. Shuffled in there belike it was, but not openly; Pri∣vate confession was there privately carried and ordained thus; Every faithfull one of either sex, being come to yeares of discretion, should by himself alone once a year at the least, faithfully confesse all his sinnes unto his own Priest, and endeavour according to his strength to fulfill the Penance in∣joyned unto him, receiving reverently, at least at Easter, the Sacrament of the Eucharist; otherwise in his life time let him be barred from entring into the Church, and being dead, want Christian buriall. In which decree are these innovations, 1. Solus, that it must be private, 2. omnia peccata, sinnes and all sinnes must be confessed, 3. Pro∣prio Sacerdoti, to their own Priest, where the liberty of choo∣sing the Ghostly Father is taken away. And for the time (which the Jesuit tells us was the onely thing there concluded on) I say there was none decreed, onely limited, leaving Chri∣stians to confesse at other times convenient within the year, but not to exceed, and be without the compasse of a year: Come as often within, as the Confessor and his Penitent can agree, and meet upon it, but not to go over the year; and to this head must popish shrift be referred.

But if Repentance be considered as a work of Grace ari∣sing from Godly sorrow, whereby a man turnes from all his sinnes to God, and obtaineth pardon; and so including confes∣sion as an evidence of inward sorrow, and a mean of reconci∣liation, such a Confession poured out before God, or unto God before his Priests, is of the same right and institution as Re∣pentance is. The grace of God hath ordained in this world repentance to be the approved Physician for sinners, saith Justin Martyr. And again, God according to the riches of his mercy ac∣cepteth of him that is penitent for his sinnes, as just and without sin. That thing then is of Divine Institution which Gods grace hath ordained; and of divine power and efficacy, which makes a sinner accepted of God as a Righteous person. But all this (thou wilt say) may be done by contriti∣on, and confession to God onely, without respect unto the Priest; I deny not but that it may be, and often is effected that way, but not alwaies; such may be the Condition of the sinner, and quality of the sin, that pardon, which is the fruit of Repentance is not gathered, and new obedience which is the fruit of the Penitent, is not brought forth, without con∣fession to the Priest, and direction from him, and so to be comprised in this duty also; for if the doore of Heaven would ever open upon the former knocking, the Priest had keyes committed to no purpose. To make this to appeare distinctly, we are to consider, that to institute may be taken in a twofold sense; first, to be the cause, producer, and au∣thor of an effect; so taken with the ancient Civilians, with whom to in∣stitute trees, or vineyards, is to set, and plant them, In a ground let out, if the Farmer by his industry shall have improved it; have builded, or have set or planted, in the Digests. And in this acceptation Christ is the Author of the Sacrament of the Eucharist; that Vine is of his planting, and institution: he is the Author? and

his Ministers to do it by his authority. Now Repentance is indeed a work of God, but not in God. Confession is when God openeth a sinners mouth, not his own. in that sense Con∣fession is not of divine institution. 2. Secondly that is said to be instituted that is commanded, and enjoyned: so of institution divine; that is of divine law and ordinance, and that of divine law which is prescribed in the Divine word, the holy Scrip∣tures, as a law to be observed or as an example to be imita∣ted: And Divine ordinances are there delivered by God im∣mediately, or by 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the men of God, inspired by him. In which sense Saint Chrysostom interpreteth those passages of Saint Paul, not I but the Lord; and I, not the the Lord, not as if Christ spake of himself, and Paul from himself, for in Paul Christ spake: what is it then that he saith, I, and not I? Jesus Christ hath delivered some lawes, and ordinances in his own person, unto us, and some by his Apostles. Furthermore, a thing may be of Divine right, as ••x∣presly and formally injoyned in the Scriptures, or else as virtually im∣plyed by a necessary deduction and consequence; or els as exemplary and ratified by the constant practice of the Church. So divine right and in∣stitution is accepted in a threefold sense, 1. in express precept and com∣mand. 2. in necessary consequence depending upon some o∣ther thing commanded. Or. 3ly. by approved examples in Gods word, commended by the practice of the Church. We will lay confession unto all of these, and see what authority it hath. And first for divine command, we read in the law that the sinner by divine edict, brought his Sacrifice, and confessed his sin unto the Priest. Thou wilt reply, that law was Ceremonial, so say I in respect of the Sacrifice, but dare not say so, in re∣spect of the confession, the one being a typical and the other a morall act, And think it not strange that one precept may be mixt, and composed of Ceremony and morality; For is not the law of the Sabbath so, the day Ceremonial, and the rest

morall; and it may not unfitly be applyed to Confession, what is verifyed of the Sabbath. 1. Confessio Deo facta est a natu∣ra; Nature it self teacheth us that a sinner must confesse unto God, whom he hath wronged; and this is morale positivum, the morall positive part of the law. 2. Modus à lege, To confesse unto the Priest. This manner of confession was injoyned by God, and this is Positivum divinum, the divine positive part of the law. 3. But Virtus à gratia; true confession whether to God, or to his Priest, is from the working of the holy spirit; it being fulfilled in this as in all other graces, what hast thou O man, that thou hast not received? The Ceremonial part which consisted in [ 2] the Sacrifice, ceaseth; for a Christian hath another Altar, and another Sacrifice, Christ Jesus, slain upon the Crosse, by vertue whereof his Priests assure the Penitent of pardon, & absolution. For the second, Confession is of divine right by way of deducti∣on. For if the use of the keys in the Ministery of the Priests be divine, (as it cannot be denied but that they are so) and if that use consisteth in absolution, and if that absolution ever presup∣poseth, and cannot be denounced without precedaneous confes∣sion; the consequent will tye them together, for the world [ 3] cannot break the relation that is betwixt Confession and abso∣lution. And for the last, a precedent we have in the Acts of the Apostles, seconded with the practice of the Church, as hath been declared. Thou seest (Good Reader) how confession pretendeth to divine right in a strict sense, as injoyned in the Scripture; and in a large, as a necessary consequent de∣ducted by rational proportion from divine premisses; & how the same is corroborated by examples set forth in the Scripture, and by ecclesiastical practice, set forth in the discipline of the Church likewise.

This I must be interpreted to speak of Confession unto Gods Ministers in generall, without respect to the manner thereof,

privately or publickly performed. Which I think is left to the power of the Church to determine. There was a time when the publick performance thereof was all in all; that was left off, and the private doing thereof succeeded in the room, to supply that defect; and which at the first alteration was esteemed to be no more Sacramentall, or of no more necessity for obtain∣ing remission of sinnes than the former. So that the course taken herein may well be thought to have the nature of a tem∣porall law, which (as Saint Austin saith) although it be just, yet in time may be justly changed. Canus ac∣knowledgeth confession in its own nature for a divine ordinance, but for the Condition thereof, secret or open, he referreth to be ordered by naturall prudence; his words are these: Confession of sinnes ought to be made unto the Priest, not onely by tradition from our Ancestors, but also by testimony from the Gospel; and this is of the necessity of the Sacrament. But whether Con∣fession should be secret, or publick, thats left to natural prudence, which wil∣leth that secret sinnes should be judged in secret, and those which are publick, publickly, Michael Vehe frameth to himself this objection; Let it be granted that these words, whose sinnes soever ye remit &c. infer a confession to be made of all sinnes whatsoever; which seeing it may be per∣formed two waies, privately, or publickly, and neither way by Christ commanded, both would seeme of equall necessity. But no man can say that publick confession is necessary, and why may not so much be said of private? answereth thus. We say and affirm neither way of Confession to be necessary by any precept from Christ, and yet both necessary with a distincti∣on: The Church then was left to her choise to take which she pleased, and see∣ing she hath embraced to confess in se∣cret, we are not tyed to the publick:

Which two assertions how far they cut the throat of Clan∣cular confession, Rome may doe well to consider. Confession then in it self may be of Divine right, and the manner thereof, whether private or publick, a Churches constitution; and which way the Church should conceive to be most profitable, and command the use, what am I that should contradict the same? to whose benigne censure I submit what I have here resolved concerning the institution.

Notes

• Bonum, atque optimum est quod Deus prae∣cipit; audaciam existimo de bono Divini prae∣cepti disputare, neque enim quia bonum est, idcircò auscultare debemus, sed quia Deus prae∣cepit; ad exhibitionem obsequii prior est Ma∣jestas divinae potestatis. Tert. l. de Poen. c. 1.
• Dominus Jesus Sacerdotes sui ipsius vicari∣os reliquit, tanquam praesides, & Judices, ad quos omnia mortalia crimina deferantur, q••i pro potestate Clavium sententiam pronunti∣ent.— Constat Sacerdotes judicium hoc incognitâ causâ exercere non posse. Concil. Trid. cap. 5. de Confes.
• Non est hoc divino praecept•• m••ndatu•• 〈◊〉〈◊〉satis consult è humanâ aliquâ lege praeci•••• r, ut delicta, praesertim secreta, pu••licà essen ••∣fessione ap••rienda, Concil. Trid. ib.
• Si quis negaverit Confession••m Sacram••••••a∣l m vel institutam, vel necessariam esse ••ure divino. Can. 1.
• Si quis dixerit ad remissionem peccatorum necessarium non esse jure divino confiteri omnia & singula peccata. Can. 2.
• Si quis dixerit confessionem omnium pecca∣torum (qualem Ecclesia servat) esse impos∣sibilem, & traditionem humanam, & à piis abolendam, &c. Can. 3.
• Cavendum Patribus nè adversariis mater••∣am praebeant ea objiciendi, ••uae Theologis non promptum sit refellere; quin potiùs eâ mode∣ratione utendum, tam in doctrina, quàm in Canone, ut Catholicis ipsis offensioni non sint. Hist. lat. Concil. Trid. p. 283.
• Climax priùs conficiendus est bene longus, & ducendus Sori∣tes sesquipeda∣lis, ut detur ista conjungere.
• Etsi Christus non vetuerit quam aliqum de∣licta sua publicè confiteri possit, non est tamen hoc divino praecepto mandatum, nec satis con∣sultè humanâ aliqua lege praeciperetur. Con∣cil. Trid. ib.
• Q. quo praece∣pto tenetur quis ad confessio∣nem?
• Quòd confessio non cadit nisi sub praecepto Ecclesiae, non potest faciliter improbari, nisi quia Ecclesia non attentasset tam arduum prae∣ceptum imponere omnibus Christianis, nisi esset praeceptum divinum.
• Quia non in∣venitur ubi ab Ecclesia impo∣natur istud praeceptum. Concil. Late∣••an.
• Confession n'a point este instituée en ce con∣cil••, ai••s le temps seulment ya este d••claré, auquel, il la failloit saire. D. Bess Caresme, tom. 2. p. 721.
• Nec Canonista facilè inveniret aliquod con∣silium, vel praeceptum propriè, ubi exprimatur praeceptum de Confessione facienda.
• Meliùs dicitur eam institutam à quadam universali Eccl••siae traditione, potiùs qu••m ex Novi Testam••nti vel Veteris authoritate, De poenit. dist. 5. in principio.
• Confessio non est necessaria apud Graecos, es∣set autem necessaria si praec••ptum de ea esset ex authoritate Scripturae. Gloss. ib.
• Videtur ratio∣nabiliùs t••nere, quòd Confessio cad••t sub prae∣cepto divino positiv••.
• Vel igitur tenendum est, quod sit de jure di∣vino promulgato per Evangelium; vel, si il∣lud non sufficiat, quòd est de jure divino po∣sitivo promulgato à Christo Apostolis, sed Ecclesiae promulgato per Apostolos absque omni Scriptura, sicut multa alia tenet Ecclesia ore¦tenus per Apostolos sibi promulgata sine Scri∣ptura. Scot. lib. 4. d. 17. Qu. Unica. Sect. in ista.
• Scotus & cae∣teri Doctores ante concilia il∣la vixerunt, in quibus accuratiùs haec omnia explicata sunt. Bell. l. 1. de Poen. c. 11.
• Videtur finaliter dicendum, quòd praece∣ptum de Confessione Sacram••ntali promulgatum est à Christo Apostolis, & per ipsos Apostolos promulgatam est Eccl••siae verbo & facto sine omni Scriptura. Biel, l. 4. dist. 17. Q. 1.
• Confessionem Dominus imm••diate & expres∣sè non instituit. Bonav. l. 4. d. 17. n. 72.

  Christus instituit confessionem tacitè, Apo∣stoli autem pro nulgaverunt expressè. Anto∣nin. part 3. t••t. 14. c. 19. S••ct. 2.
• In hoc quòd Ministris Sacram••nto••um Chri∣stus dedit pot••siatem ligandi & sulvendi, in∣sinua••i••, confessionem eis tanquam ••udicibus fieri d••••ere; sic ergo Christus co••f••ssi••n••m in∣stituit tacitè, sed Apostoli pro••ul ••verunt cam expressè. Comp. Theol. verit. l. 6. c. 25.
• 1 Cor. 11 23.
• Acts 20.27.
• Quidam dicunt quòd fuit instituta in Pa∣radiso figurativè, dum Deus indirectè com∣pulit Adam ad confitendum peccatum. Alii quòd sub lege, alii quòd in novo Testamento figuratim, dum Christus dixit Leprosis quos sanaverit, Ita & ostendite vos Sacerdotibus. Alii quòd ex authoritate Jacobi Apostoli di∣centis, Confitemini alterutrum peccata ve∣stra: sed Glossa ibi tenet, quòd potiùs sit in∣stituta ex quadam generali traditione Ecclesiae, undè Graeci non peccant non utendo confes∣sione, confitentur enim soli Deo in Secreto; quia apud eos non emanavit haec constitutio, sicut in simili dicimus, in incontinentia, nam non peccant eorum Sacerdotes utendo Matri∣monio, quia Continentia est de jure positivo, & ipsi non admiserunt illam institutionem.— Multùm mihi placet illa opinio, quia non est aliqua authoritas aperta, quae inauat Deum, sive Christum apertè instituisse confession••m fiendam Sacerdoti; tamen cum sit generalis apud nos illa traditio, peccaret mortaliter Lati∣nus non utendo hac confessione. Panorm. super. Decretal. 5. cap. Quod autem. c. Omnis utrius{que}, Sect. 18. extra. Glo.
• (a)

  Floruit Pa∣nomitan. An. Dom. 1440.
• Omnes Juris Pontificii periti secuti primum suum interpretem, dicunt, confessionem tan∣tùm esse introductam jure ecclesiastico. Mal∣don. disp. de Sacram. Tom. 2. c. 2. de Con∣fes. orig.
• Gloss. de Poe∣nit. initio dist. 5. in poeniten∣tia.
• Imò Confessio est instituta à Domino, & est omnibus post Baptismum lapsis in mortale peccatum, tam Graecis quàm Latinis, jure di∣vino necessaria. Rom. Correct. ib. in margin.
• Quamvis Auricularis haec confessio in lege veter, fuit adumbrata, per praecursorem Chri∣sti inter partes poeniten••iae comm••ndata, & tempore Apostolorum etiam usitata, & tandem ab Jesu Christo Redemptore videatur esse in∣stituta; tam••n nuda, & clara hujus Sacramen∣talis instituti ratio, quantum ad substantiam, & circumstantias ejus, divinâ traditione solùm constat. Peres. consid. 3. de tradit. Auric. Confes.
• Alia quae solent afferri, ut est illud Jaco∣bi, 5. Confitemini alterutrum, &c. & il∣lud Luc. 17. non adeò firma videntur adver∣sùs Haereticos testimonia; tametsi dici etiam facilè poterat, quòd licèt ex sacra Scriptura hujusmodi praeceptum non haberetur, habetur tamen ex traditione Christi & Apostolorum, quemadmodum alia pleraque naturae fidei do∣cumenta. Canus, part. 5. Relect. de Poenit. pag. 900.
• Ex quo colligere licet, quòd viva voce pro∣cul dubio fuit à Christo tradita; cujus multò maxima dictorum & factorum pars mandata Scripturis non est. Confes. Syn. Prov. Perter. habit. 1551. c. 47. de confes. p. 253. 2. edit. Di∣lingae 1557.
• History of Wal∣denses collect∣ed by I.P.P. L. p. 59, 60. edit. London, 1624.
• Cepit confessionem Sacramentalem ap••rtè op∣pugnare, asserens cam non in Scripturis fundari, sed ex sola institutione papali introductam fu∣isse. Tho. Walden. Tom. 2. de Sacr. cap. 135.
• Si homo fuerit debitè contritus, omnis con∣fessio exterior est sibi superflua & inutilis. Conc. Const. Sess. 45. Error. Jo. W••ckl. à Martino 5. damnat.
• Arch-B. Abbot of visibility of the Church. p. 72. edit. Lond. 1624. An. Dom. 1175
• Interrogavit Episcopus— si deberet unus∣quis{que} confiteri peccata sua Sacerdotibus & Ministris ecclesiae, vel cuilibet laico, vel illis de quibus dixit Iac. Confitemini alterutrum, &c. Qui respondentes dixerunt, infirmis sufficere, si confitentur cui vellent; de Mi••i∣tibus vero dic••re noluerunt, quia non dix•• Ja¦cobus nisi de infirmantibus. Quaesi••it et••am ab eis si suffici••bat sola cordis contritio, & 〈◊〉〈◊〉 Confessio; vel si erat necesse ut fa••••r ••t s••tis∣factionem p••st datam poenitentiam, ••••juniis, ele∣••mos••nis, ••••••l••ct, 〈…〉〈…〉 sua l••g ••••es, si sup••••t••ret eis s••cu••••••••. E••spon••e 〈◊〉〈◊〉 dic••ntes, quia Iac••bu•• dice••••t, Confitemini; alteru∣trum peccata vestra, ut salvemini; & per hoc sciebant quòd Apostolus aliud non praeci∣picbat nisi ut consiterentur, & sic salvarentur, nec volebant m••liores esse Apostolo ut aliquid de suo adjungerent, sicut Episcopi faciunt. Rog. Hovedon. Annal. pars. post. Henrici secundi R. p. 319. edit. London.
• Conclus. 1. Peccata mortalia, quantum ad cul∣pam, & poenam alterius seculi, delentur per so∣lam cordis contritionem, sine ordine ad claves. Conclus. 2. Quòd confessio de p••ccatis in spe∣cie, fuerit ex statuto aliquo universalis Ecclesiae, non de jure divino. Conclus. 3. Quòd pravae cogitationes confiteri non debent, (Prela∣tes latin) sed solâ displicentiá delentur, sine ordine ad claves. Conclus. 4. Quòd confessio non debet esse secreta. Canus, part. 6. Relect. de poenit. p. 899.
• Luke. 17.14.
• Quia non solùm Sacerdotibus peccata sua confiteri debent, sed etiam secundum eorum consilium, poenitentiam, & satisfactionem veniae suscipere, rectè dicitur, Ite, ostendi∣te, &c. vice enim Dei peccata Sacerdotibus pandenda sunt, & juxta illorum consilium poenitentia agenda. Qui ergo habet lepram peccati in anima, debet venire ad Sacerdotem, & ei humiliter peccata consiteri. Haym. Do∣min. 14. post. pentecost. p. 401.
• Rhemists An∣not. in Luke 17.14.
• Monstrez vos Consciences aux Prestres, & leur declarez vos Pech••z, si en voulez estre guarentis. Serm. pour le 14. Dimanche apres la Pentecost. A Roven chez. D. Lau∣det. 1634.
• N••que nos dicimus missos leprosos à Christo ad Sacerdotes, ut illis peccata sua confiteren∣tur; sed ut in lege veteri cognitio l••prae corporalis, ità in nova, cognitio leprae spiri∣tualis ad Sacerdotes pertinet. Bellar. lib. 3. de poen. c. 3.
• Mittit Christus, nè calumniarentur Sacerdo∣tes, Calv. N••c repudiavit penitùs Christus Judeorum presbyterium, cùm de leprae dijudi∣c••tione ager••tur, Ostende te (inquiens) Sacer∣doti. Beza de Presb. & excom. p. 17.
• 1. Quia Sacerdotes debchant iudicare num talip esset verè curatus. 2. Quia pro sua emendatione tenebatur offerre sacrificium de∣terminatum in lege. Lyr. in Luc. 17.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Theo∣phylact in Luc. 17.

  Importuna est illorum allegoria qui legem merè politicam inter ceremonias reponunt. Calvin.

  Siste te summo Sacerdoti, de publico coetu intelligendus est; ut praeteream fieri id solitum magis ad publicam gratiarum actionem, vel ad partae sanitatis, aut alterius cujuspiam beneficii judicium. Iac. Rex Med. in Orat. Dom. p. 63. lat. edit.
• Ioh. 20.22, 23
• Christus instituit Sacerdotes Judices super terram cum ea potestate, ut sine ipsorum sen∣tentia nemo post Baptismum lapsus reconciliari potest; sed nequeunt Sacerdotes judicare nisi peccata cognoscant. Bellar. lib. 3. de poenit. c. 2.
• Comme l'institution des Prestres est de droit divine pour confesser les Pecheurs, ausi est bien la confession des Pechez pour estre sait devan•• ses Juges; & comme Di••u les a ordon••é & comm••ndé aux Prestres d'ouir les consessions, & pardonner les pechez; ausi par la mesme, ordonnance, & commandment, à il obligé les fid••les, Penitens à li••ur deco••urir, & decla∣rer leurs fautes. D. Bess. Caresme, Tom. 2. p. 724.
• Persius Satyr. ult.
• Christus certè nihil horum di∣cit in sententia illa, Joan. 20— de tali judicia∣rio processu nul∣la syllaba ibi extat. Chem∣nit. ex. part. 2. p. 178.
• Discrimen est inter judicium & functionem Ministerii Evangelii; in Judicio juxta causae cognitionem pronunciatur, prout bona vel mala est: Ministerium verò Evangelii manda∣tum habet annunciandi, & impartiendi alienum beneficium, Christi scilicet, ad remissionem Peccatorum,— qui petit absolutionem duo sibi proponit; 1. ipsum Deum, utpote à quo pe∣tit & quaerit remissionem peccatorum, atque adeò coram ipso totum cor suum effundit. 2. deinde proponit sibi Ministerium, cujus voce, seu Ministerio tanquam Legati, Nuntii, seu interpretis, Deus utitur ad impartiendam, & obsignandam absolutionem. Quando agitur de∣lictum meum cognitum feci Deo, non necessa∣ria est scrupulosa enumeratio coram Ministro, qui tantum dispensator est alieni benefic i. — Ut Minister intelligat cum qui absolutionem petit, doctrinam intelligere, peccata agnoscere, poenitentiam agere, & in Christum credere; quae cognitio hab••ri potest absque illa enume∣ration••, &c. Chemnit. Exam. part. 2. de Confess.
• Medicinae locus est hic non ju∣dicii Chrysost.
• Illud comm••morandum est, hujus judicii sacramentalis finem non tam punitionem, & vindicationem justitiae esse, quàm vindicatio∣nem salutarem; ex quo fit, ut licèt in judicio purè vindicativo exacta culparum cognitio re∣quiratur, ut viz. tanta sit poena, quantam quis per culpas meritus est; at in judicio hoc Sacra∣mentali non exigitur exacta cogni••io peccato∣rum, sed qual••s, & quanta necessaria est ad curationem, & salutem Poenitentis; haec enim hujus judic•• sinis est. Canus part. 6. Relect. de Poenit. pag. 903.
• Hoc tamen in∣telligendum ••st, quando judici∣um ecclesiae di∣vino judicio conformatur. Lyr. in Ioan. c. 20.
• Capellano suo authoritatem Apostolicam contulit se ab∣solvendi sub plenaria remis∣sione, ut fieri solet in anno Jubilaeo.
• Supremus ju∣dex absolutio∣nem illam ra∣tam non ha∣buit. Spec. Ex∣empl. dist. ••. Sec. 30.
• Illa potestas remittendi peccata non ita in∣telligenda est data Sacerdotibus, quasi Deus se eâ andicarit, & eam prorsùs transtulerit in Sacerdotes, ità ut in absolutione non Deus, sed Sacerdos remittat peccata. Chemnit. Ex∣am. part 2. p. 176.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Hierem. Patr. Constant. ad Tubing. Resp. 1. c. 11.
• Illud verbum, Quorum retinuer••ris, &c. non est praecisum; non solùm enim illa r••tenta sunt à Deo peccatori ad poenam, quae retenta sunt à Sacerdote, quia Sacerdos non retinet al••qua, nisi aliquo modo sibi accusata, sed signis in∣debitis poenitentiae; & tamen illa quae nullo modo sunt ost••nsa Sacerdoti, Deus retinet ad vindictam Gehennae; Ergò nec istud verbum, Quorum remiseritis, &c. erit praecisum.
• Undè neutri affirmationi adiunxit negati∣vam denotantem remissionem factam ab Apo∣stolis; vel retentionem esse praecisam resp••ctu remissionis, & retentionis à Deo faciendae. Sc••tus lib. 4. dist. ••7.
• Ratio ista benè concludit quòd Sacramentum poenitentiae est institutum à Christo tanquam utile & efficax; non tamen sequitur ex hoc, quòd sit nece••••••riò recipiendum, ut cadens sub praecepto; quia extrema unctio est instituta à Christo, & confi mationis Sac••amentum, & tamen neutrum est simpliciter necessarium, nec est praeceptum d•• isto vel isto recipiendo— Si••t quatuor Sacerdotes quorum quilibet habet authoritatem absolvendi istum peccatorem, non t••m••n tenetur peccator se cuilibet submittere, sedillorum uni cui voluerit. Scot. supr.
• Qui ex his cristas erigunt & tyrannidem quandam sibi vendicant, cur non meminerint corum quae mox praecesserint? Erasm. Hunc locum quidam non intelligentes, aliquid su∣munt de supercilio Pharisaeorum, &c. Hieron. in Matth. 16.
• Duo ista sibi mutuò respondent, ut ubi nulla est consessio, ibi nulla esse possit absolutio. Con∣fess. Pertcroviae, p. 252. 2.
• Dixit Medicis ut curarent, sed non dixit in∣firmis ut ad Medicos curandi causâ venirent, hoc enim quasi certum esse voluit, quod Aegri libenter se Medicis curandos offerrent. Hugo.
• Poenitentia signis externis declarata, cum verbo absolutionis est Sacramentum. Bellar. l. 1. de poen. c. 8.
• Peccatum non est materia ex qua, sed circa quam, Sacra∣mentum opera∣tur. cap. 15.
• Contritio, con∣fessio & satis∣factio, non sunt partes poeniten∣tiae ut virtus est, sed ut Sa∣cramentum. Lomb.
• Materia est quidd••m quod à Ministro ap∣plicatur Recipi∣enti, non autem actus ipsius recipientis. Hist. Concil. Trid. p. 284. Signum Sacramenti poeni∣tentiae est verbalis absolutio quam impendit Sacerdos. Res Sacramenti reconciliatio est verè poeni∣tentis & confitentis. Grop. de Sacr. Poen. p. 107. Antw. 1556.
• Neque Scotus satis aptè locu∣tus. c. 16. Sect. deinde. Grop∣perus non satis cautè locutus. ib. Sect. Resp.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Damasc. de Orthodox. fide, l. 4. c. 6. pag. 110, 111. Graec. Veronae 1531.
• Council of Lateran.
• Nec libera Concilia quae sub Innocentio, Clemente, &c. nec quicquam definitum ab istis Quae sub, nisi quod ab illis Qui super, praefinitum esset. Tort. Torti. p. 209.
• Venere tum multa quidem in consultationem nec dec••rni tamen quicquam apertè potuit. Platin. vit. Innocent. 3. p. 203.
• Pisani & Ge∣nuenses mariti∣mo, & Cisalpini terrestri bello inter se certa∣bant. Platin. ib.
• Omnis utriusque sexus fidelis, postquam ad annos discretionis pervenerit, omnia sua solus peccata confiteatur fideliter, salt••m s••mel in anno, proprio Sacerdoti, & injunctam sibi poe∣nitentiam studeat pro viribus adimplere, sus∣cipiens reverenter ad minus in Pascha Eucha∣ristiae Sacramentum, &c. alioquin & vivens ab ingressu ecclesiae arceatur, & moriens Chri∣stiana careat sepultura. Concil. Lateran. cap. 21.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Just. Mart. Resp. ad Orthod. Q 97. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Id. Dialog. cont. Tryphon. Judaeum.
• Juris••o isui••is, instituere est vel arbores, vel vin••••s in aliquo loco p••••••••re, ut in conducto fundo, si ••onductor suâ ••perâ aliquid neces∣sariò vel utiliter auxerit vel aedificaverit, v••l instituerit. l. Dominus. Sec. in conduct. ff. loc. & conduct. vide Turneb. Advers. l. 2. c. 13.
• 1 Cor. 7.10, 12.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Chrysost. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. To. 6.250.

  Aliquid dicitur esse jure divino duobus mo∣dis; vel quòd institutum habet in sacris literis, id{que} vel ••xpresse, vel certa deductione erutum, vel ex mplum continuata ecclesiae p••axi omni s culo commendatum. Junius in Bellar. con∣trov. 7. cap. 10.
• Confession of div ne insti∣tution, 1. Vir∣tate praecepti.
• Numb. 5. Lev••t. 5.
• Di••s ceremoni∣alis quies mora∣lis.
• cultus à natura, modus à lege, virtus à gratia.
• Conf••ssio m••ntalis quae fit Deo, est de dicta∣mine legis naturae adjutae quodammodo per fidem. Raymand. sum. tract. 4.
• Jam donum Spiritus Sancti habet qui con∣fitetur & poenitet, quia non potest esse confes∣sio peccati, & compunctio in homine ex scipso. Aug. in Ps. 1.
• Ex necessitate Consequentiae.
• Ratione exempli.
• Jus divinum laxè vel strictè sumptum hoc in S. literis invenitur, illud ex earum sive in∣stituto, sive exemplis, & analogia, recta ratio∣ne deducitur. Azorius Instit. Mor. part. 2. l. 1. c. 2.
• Appellemus istam legem (si plac••t) tempo∣ralem, quae qu••mvis justa sit, commutari tamen per tempora justè potest. Aug. de. lib. arb. lib. 1. cap. 6.
• Confessio peccatorum Sacerdoti fieri debet, non solùm ex traditione majorum, verùm etiam ex Evangelico testimonio, quod quidem est de necessitate Sacramenti: Secretam verò aut pub∣licam confessionem fi••ri, prudentiae est natura∣li relictum, quae dictat ut occulta occultè, & publica publicè jud centur. Canus, Relect. de, poen. p. 6.
• Respondemus & dicimus, neutrum confite••∣di modum ••sse ex praecepto Christi necessarium, utrumque autem necessarium sub distinctione; liberum est ergo ecclesiae eligere illum, vel illum: cum autem etiam secretam voluerit esse con∣fessionem, ad publicam non tenemur. Vehe. tract. 6. de Sacr. Poen. c. 4.