Conformity of the ecclesiastical discipline of the Reformed churches of France with that of the primitive Christians written by M. La Rocque ... ; render'd into English by Jos. Walker.

CHAP. V. Of CONSISTORIES.

ARTICLE I.

IN each Church there shall be a Consistory, compos'd of persons which shall have the conduct of it, to wit, of Pastors and Elders; and the Ministers in this company are to preside, as also in all other Ecclesiastical Assemblies.

CONFORMITY.

From the very first Establishing of Christian Churches, there was in each of them a certain number of Persons to whom the Government of it was committed, and who were distinguish'd from the rest of the People by the Offices which they Exercis'd, and by the choice which had been made of them for supervising the whole Flock, and 'tis what we call Consistory; Origen calls it the Ecclesiastical Senate, and makes it parallel with the Politick Senate of each City, to shew that the Ecclesi∣astical Senate very much surpasses the other, being com∣pos'd of Persons of more virtue and knowledg, than those which are Members of Politick Senates in Cities. The Ecclesiastical Senate, or Consistory, is compos'd amongst us of Ministers and Elders, and it ought not to be thought strange that we joyn Elders with the Ministers, after all we have said on the 3d Chapter, particularly on the 1st Article, where we have at large prov'd, that the Elders have had share for several Centuries in the Government of the Churches, and that they in all likelihood would have

still continued, if the ambition of Bishops and their Clergy had not insensibly abolish'd this laudable pra∣ctise. The Deacon Hillary, as has been shewn, com∣plained of it in his time. But altho' the Elders partake with the Ministers in Governing the Flocks, yet the right of precedency appertains to the Ministers; therefore in these testimonies we have alledged to prove that the Church has had great advantage, in the first Ages, of Lay-Elders, like ours, they are for the most part named after the Clergy.

II.

As for Deacons, seeing the Churches, for the necessity of the times, hath to this day happily employed them in Govern∣ing the Church, as Exercising also the Office of Elders; those which hereafter shall chuse such, or continue them, they shall with the Pastors and Elders, bear a part in the Govern∣ing the Church; and therefore shall frequently be with them in the Consistory, yea, even at the Colloques, and Synods, if they are thither sent by the Consistories.

CONFORMITY.

The care of the Poor, making one of the most consider∣able parts of the Church-Government, it is with great reason we therein admit the Deacons, because they were properly instituted to attend on this thing, as has been above proved at large.

III.

In places where the Exercise of Religion is not setled, Christians shall be exhorted by the Colloques, to have Elders

and Deacons, and to follow the Ecclesiastical Discipline; and at the said Colloques, they shall be inform'd to what Church to joyn themselves for their convenience and exercise of their Ministry; from whence also they may not depart without com∣municating it also to the said Colloques.

CONFORMITY.

In the places where there is no publick exercise of our Religion, although there are a considerable number of Families which profess it, care must be taken they do not live without Discipline; and to this purpose there must be Establish'd amongst them Deacons and Elders, to take care of the Poor, and to watch over the Life and Conversation of private persons, whereof they shall give account at the Church-Consistory to the which they shall be joyn'd for the publick Exercises of Piety, and the Service of God; and there's no question to be made, but something of this Nature was done in the Primitive Church; * 1.1 for instance, in the days of St. Justin Martyr, that they Assembled from the Country and Cities unto one place; which sheweth plainly these Assemblies were not made every where, although according to all appear∣ance, there was in all places one and the same Order for the conduct of Christians, to the end they should do nothing unworthy the holiness of their Profession.

IV.

There shall be but one Consistory in each Church, and it shall not be permitted to Establish other Council for any Church-business whatever. If in any Church there shall any other Council be established different from the Consistory, it shall forthwith be suppress'd. Nevertheless the Consistory

can sometimes call to its aid, such of the Church as shall be thought convenient, when occasion requires, and that Eccle∣siastical matters be treated of only in the place where the Con∣sistory doth Assemble.

CONFORMITY.

There was not anciently in each Christian Church any more than one Ecclesiastical Senate, as we have heard by Origen, and this Senate was not properly any thing else, but what we call Consistory; which is a company of Persons which the Church does invest with her Rights and Power to Govern the Flock.

V.

It is in the Power of the Consistory to admit of Father and Son, or of two Brothers in the same Consistory, unless there was some other reason to the contrary, of which the Colloque, or Provincial Synod shall take cognizance.

CONFORMITY.

The Church being the Spouse of Jesus Christ, and by consequence, the Mistress of all the Power, and of all the Ecclesiastical Authority which resides in Her as in its Fountain; and in the Consistories, as in Societies, which she establishes for the use and exercise of this Power; She may then have authoris'd the Ecclesiastical Senate and the Consistory, to admit into its Body the Father and Son, or two Brothers, provided they are agreeable to the Church, which has in general given this Power to the Consistory.

VI.

It is also refer'd to the discretion of Consistories, to call unto them young Students, although they have no Office in the Church, but not without weighty causes and considerations; and when their Wisdom is known, the said Students shall be there present, not to have any voice in what Affairs shall be debated, but that by their presence there, they may the sooner become fit and proper to Govern the Church when it shall please God lawfully to call them thereunto. Nevertheless it shall be at the Pastor's free choice to demand their Judgment, to make tryal of their abilities, which shall be done with great prudence and caution, and promise not to make it known abroad.

CONFORMITY.

Those whom we call Students, are young Men which study Divinity, and which resolve one day to exercise the Ministry of the Gospel; and because this Office don't consist alone in Preaching the Word, but generally in all things which one ought to do wisely to Govern the Flocks; It is with great reason, that under certain Con∣ditions we suffer them to enter into the Consistories, to the end they may there learn after what way they are to act, when it shall please Almighty God to commit the care of some Church unto them.

VII.

A Magistrate may be called to the Office of an Elder in the Consistory, provided that the Exercise of the one Office doth not interfere with the other, and may not be prejudicial to the Church.

CONFORMITY.

What I have said to the 5th Article, may very well be applied to this.

VIII.

The Government of the Church shall be regulated according to the Discipline, as it hath been order'd by the National Synods; and no Church nor Province shall make any Law but what in substance shall be conformable to the general Ar∣ticles of the Discipline. To this purpose the Articles of the said Discipline shall be read in the Consistories, at least at the time of celebrating the Lord's Supper; and the Elders and Deacons shall be exhorted to have a Copy thereof each of them, to read and study it at home at leisure.

CONFORMITY.

In the Ancient Church, It was not permitted to a Province, much less to a particular Church, to make any Constitution which was not conformable to the Ca∣nons which were the Discipline of those times; contrary to which, nothing was to be Establish'd, especially after the Canons, which compos'd this Discipline, had been Au∣thoriz'd by any Oecumenical Council, as the Code of the Canons of the Universal Church was by that of Chal∣cedon: This also shall be farther cleared by the remarks I will make on the 2d Article of the following Chap∣ter.

IX.

The cognisance of Scandals, and the censure of them, ap∣pertains to the Company of Pastors and Elders; and whole Consistories cannot be impeach'd, nor above half. However Accusations shall be of force against particular persons of the said Consistories, as well Pastors as Elders, admitted by the said Consistory; and they being adjudg'd, shall proceed on, notwithstanding Appeal, on admission or rejection of the said accusations.

CONFORMITY.

What I have writ on the 3d Article of the 3d Chap. serves as a Commentary on this, without being necessary to say any more.

X.

The Custom which is found to be us'd in some places, of making inquest, and a general censure of misdemeanours in the pub∣lick Assembly of the People, and in presence both of Men and Women, being condemn'd by the Word of God; the Churches are advertis'd to abstain from it, and to be satis∣fied with the Order contain'd in the Discipline, as to what re∣gards Censures.

CONFORMITY.

See what has been observ'd on the 51. Article of the 1st Chapter.

XI.

The Elders may be advertis'd not to report misdemeanors to the Consistory, without great reasons for it; neither shall any one be call'd to the Consistory, without good cause or reason.

CONFORMITY.

The Elders having been Established to watch over the Life and Coversation of those which are Members of the Church, as I have made appear; there's no que∣stion to be made, but they should do it with Prudence and Charity.

XII.

In the Exercise of Ecclesiastical Discipline, one shall for∣bear as much as possible may be, as well from all formalities, as from the terms commonly used in Courts of Justice.

CONFORMITY.

The Tribunal of the Church being of a very diffe∣rent Nature from Common-Law-Courts, it is conveni∣ent the proceeding should be quite different; and that in the Exercise of Ecclesiastical Discipline, one should avoid, as much as may be, the formalities of the Bar; Read the Discipline of the Primitive Christians; for Example, the Code of Canons of the Universal Church, of which I spake just now; and I am well as∣sur'd they shall there find proceedings very different from the conduct and stile of what's done in the Common-Law-Courts. I know that the Tribunal of Bishops at

this time, have too great correspondence with that of Secular Courts; but I know also, 'twas not so in the begin∣ning, and that the Ancient Christians Govern'd them∣selves quite otherwise.

XIII.

Believers shall be Exhorted by the Consistories, yea, re∣quir'd in the Name of God, to speak truth, for as much as that don't at all derogate from the Magistrates Authority; as also the usual formalities in making Oath, practis'd be∣fore Magistrates, shall not be used.

CONFORMITY.

This Establishment has nothing in it but what is very agreeable to the use and practise of the Primitive Chri∣stians, as I may prove by sundry testimonies; I shall only instance in two, which the Oecumenical Councils of Ephesus and Chalcedon give us, seeing that in one and the other, * 1.2 They Exhort, and Conjure the Bishops by the Holy Gospels, to speak the truth. If these two Councils have made no difficulty to do so towards Bishops; Where∣fore should not the Ecclesiastical Synod, as Origen speaks, have power to do so to particular persons, as occasion shall require?

XIV.

In differences which shall happen, the Parties shall be Ex∣horted by the Consistories to be reconcil'd by all friendly means; but the Consistories shall not appoint Arbitrators, nor shall do the Office of Arbitrators. If any of the said

body are called to be Arbitrators, it shall be only as a particu∣lar person, and in their own name only.

CONFORMITY.

This Article is taken from the Doctrine of St. Paul, * 1.3 which Exhorts Believers to compose their differences and Law-Suits in an amicable manner, and to chuse out some amongst their Brethren, to whose Judg∣ments they might refer the Decision of all those things which causes debates and strife amongst them. St. Chrysostom and Theodoret explaining the words of the Apostle, do fully confirm what is ordain'd by our Discipline.

XV.

Besides the Admonitions which are made by the Consisto∣ries to those as have done amiss; if it so happens that greater Censure and Punishment must be us'd, it shall be either Suspension, or Deprivation for a time from the Holy Sacrament, or Excommunication and Retrenchment from the Church. And the Consistories shall be advertis'd to proceed warily, and to distinguish betwixt the one and the other, as also prudently to weigh and examine the faults and scandals which they shall be inform'd of, together with all circumstances, the better to judge what Censure it shall require.

CONFORMITY.

There is nothing more frequent nor better Establish∣ed in the ancient Discipline, than what ours doth here prescribe; so that 'tis not necessary long to insist on a

matter, the truth whereof it were easie to prove by a great number of testimonies, were it not to spare the Reader a trouble. The Primitive Christians did just as we do, they informed Sinners of their Duty, they cha∣ritably represented to them their faults, they applied to them fit censures, they depriv'd them of participa∣ting of the Divine Mysteries, they caused them to pass by certain degrees of Penance proportion'd to the great∣ness of their faults; and when the crimes were heinous, and the obstinacy stout and resolute, they Excommuni∣cated them, in separating them from the Society of the faithful, as persons who had made themselves unworthy of living within the pale of the Church. Tertullian has in few words compris'd all this proceeding which I have now touched, when describing the Assemblies of his times, * 1.4 he observes, That therein was made Exhortations, Reprehensions, and Censures; that therein were inflicted pu∣nishments; that after having maturely weighed all things, Judgment was given, being perswaded God see them; and it is, saith he, a great resemblance of the last Judgment, if any one for his sins is deprived of the Communion of Prayer, from the Assembly, and from all holy intercourse.

Which will also appear yet more clearly, if one consi∣ders that Peter Bishop of Alexandria, and Martyr of Je∣sus Christ under Dioclesian, has expressed the vertue and efficacy of the Communion, * 1.5 by communicating in all things; in Prayers, in participating of the body and blood of the Lord, and in the Preaching of the Word. Origen has already spoke of the Ecclesiastical Synod, and of those which had the care to watch over the conduct of Christians, to encourage the one to do well, and to ex∣clude from the holy Assemblies those which lived ill; * 1.6 upon which it may be noted, there was two sorts of Ex∣communications amongst the Primitive Christians; the

former which was most frequent, consisted in the being debar'd from the Sacraments, to which sinners could not approach until after having done Penance for their sins, as it happened to the Emperour Theodosius, as is related by Zozomen Lib. 3. Cap. 25. for so it was, that all publick sins were punished; the other was a total exclusion from the Society of Believers, which Tertullian expresses by Omni Ecclesia tecto Submovere.

XVI.

Suspension from the Holy Sacrament shall be used, the more effectually to humble sinners, and make them the more truly sensible of their offences. This suspension, nor the cause of it, shall not be declared to the people, neither also the restitution of the sinner, unless it were in case they were Hereticks, de∣spisers of God, Rebels to the Consistory, Traytors to the Church; as also such as shall be guilty of crimes worthy of cor∣poral punishment, and that bring great scandal on the whole Church: as also those who against remonstrances to them made, do marry to Papists. Fathers and Mothers which do so marry their children, Tutors, Curators, and others which supply the place of father and mother, and do so marry their Pupils; together with those which thither carry them to be Baptized, or do present others to be Baptized; it being ne∣cessary that all such persons, altho there may be perceived in them some beginning of Repentance, should speedily be depri∣ved for some time from the benefit of the Sacrament; and that the Suspension should be declared to all the People, as well that they may be the more humbled and induced to re∣pentance, as to discharge the Church from all blame and re∣proach; and also to give terror to others, and make them tremble by this example, to avoid the like Sins.

CONFORMITY.

There has ever in the Church a distinction been made betwixt secret sins, and those sins which have been pub∣lick and scandalous; in regard of the former, the Church never exercised any authority; for to the end she might act against sinners, it is necessary that they confess their sins, or that they may be convinc'd of them: But be∣cause it may so happen that the sins of a private person may be known to some of the Governours of the Church, and that he may not have scandalized the pub∣lick, * 1.7 in this case he may be censured in the Ecclesiasti∣cal Senate, and if his crime deserves it, may declare to him he is not in a state fit for some time to approach to the holy Communion; which is just what is practised by us. But when the sins are publick and scandalous, we publickly suspend from the Holy Sacrament those which commit them, and leave them in this state, until such time that having given sufficient marks of sincere Re∣pentance, we receive them into the bosom of the Church, by a publick acknowledgment of their offence, which they are obliged to do in presence of all the People.

And herein we follow the Example of the Primitive Church, * 1.8 which only subjected these sort of Sins to the Canons of publick Penance; it is the constant Doctrine of Origen, as appears in divers parts of his Writings; where he formally declares, that there's only great Sins, scandalous Sins, which should be publickly punished; and also he will have it done with a spirit of Charity, and according to the Gospel precept, for so 'tis he ex∣plains himself in his third Homily on Leviticus.

Gregory of Nysse in his Canonical Letter to Letoius, * 1.9 speaks no otherwise; and tho he expresses himself in

different terms from Origen, yet he acknowledges that 'tis only publick Sins which should pass by the degrees of publick Penance, according to the Constitution of the Fathers.

St. Austin is no less clear herein than the two others; * 1.10 he teaches in the Book of fifty Homilies, which is in the tenth Tome; That when the sin is great, and gives scandal to others, the Sinner ought to do Penance in presence of all the Congregation, especially if the E∣dification of the Church require it. And in another of these same Homilies, that is in the 27th. he will have to pass by this rude and laborious Penance, Murderers, * 1.11 Adulterers, and Sacrilegious persons. And in the sixteenth Sermon on the words of our Lord, he saith, That the sins which are committed publickly must be reproved pub∣lickly, and privately those which are committed more se∣cretly. I might add to these Testimonies, what he writes in the Epistles Fifty four, and hundred eight, which are in the second Tome of his Works, and in the 65th Chap. of his Manual to Laurence, the Author of the Questions on the Old and New Testament, * 1.12 which is in the Appendix of the fourth Tome, which shews he is in this of the same opinion as the true St. Austin is, in explaining the 102. Question.

Caesarius Bishop of Arles, * 1.13 a Writer of the Sixth Cen∣tury, in the first and eighth of his Homilies, Pope Gre∣gory the First in the 31. Letter of the 12th. Book. Isidore Bishop of Sevil, about the same time, in his second Book of Sentences, Chap. 20. and in the third, Ch. 46. these three have followed the steps of others. It is with regard here∣unto that the third Council of Carthage enjoins Bishops in the fourth Century, * 1.14 to prescribe to Penitents accor∣ding to the nature of sins, the time of penance. The Jesuit Petau in the 2, 3, and 10th. Chap. of his 6th. Book of

Publick Penance, acknowledges against Mr. Arnauld, That it was the practise of the ancient Church, where only heinous and scandalous Crimes were publickly reproved; he acknowledges the same thing in his Observations on St. Epiphamus, where he has a dissertation on the ancient manner of Penance, * 1.15 on occasion of the Heresie of the Novatians, which is the 59th. in order. Father Sirmond of the same Society, speaks in the same manner in his Treatise of Publick Penance, Chap. 2. & 4. In the main, all I have said, regards the usual Excommunication of the Primitive Church, of which I have treated in the precedent Article, and by the Laws whereof scanda∣lous Sinners were not admitted to the Holy Table, until they had passed through all the Degrees of Penance which was then in use.

XVII.

If by such suspensions the Sinners were not reclaimed, but continued obstinate and impenitent after long expectation, and that they have been several times admonished and intreat∣ed, proceeding shall be made against them, by giving publick admonitions to the People three several Sundays, being na∣med, if need be, by the Minister, to make them more ashamed; every body advertised to pray to God for them; and endea∣vour by all means to bring them home by repentance of their sins, to prevent Retrenchment and Excommunication, to which one cannot proceed without sorrow. But if for all this, they will not repent, but persevere in their obstinacy and impe∣nitence, on the fourth Sunday it shall be publickly said by the Pastor, That 'tis declared to the said scandalous and obstinate persons, in naming them by their Names, That they are not any longer acknowledged as Members of the Church, cutting them off from it in the Name and Authority of our Lord Jesus Christ, and of his Church. And the form of the Excommu∣nication shall be as follows.

The Form of the Excommunication.

Brethren, see here the fourth time that we de∣clare unto you, that N. for having committed several Crimes, and for having scandalized the Church of God, and for shewing himself impe∣nitent and a contemner of all admonitions which have beén made unto him by the Word of God, has been suspended from the Holy Sup∣per of the Lord; the which suspension, and cau∣ses of it, has been signified to you, to the end you may join your Prayers with ours, that it might please God to soften the hardness of his heart, and give him true Repentance, drawing him from the way of perdition. But having so long time waited for him, prayed and exhorted, and conjur'd him to be converted to God, and en∣deavoured all means to bring him to repentance, nevertheless perseveres in his impenitence, and with an incor rigible obstinacy, rebels against God, and tramples under foot his Holy Word, and the Order he has established in his Church; and glorying in his sins, is cause that the Church for so long time, is disturbed, and the Name of God blasphemed. We Ministers of the Gospel of our Lord Iesus Christ, whom God has armed with Spiritual weapons, powerful through God to the pulling down of strong holds which hold out in opposition against him, to whom the Eternal Son of God has given power to bind and loose on Earth, declaring that whatsoever we bind on Earth shall be bound in Heaven, to the end to purifie the House of God, and free his

Church from Scandals, and in pronouncing Anathema against the wicked, should glorifie the Name of God. In the Name and Authority of the Lord Iesus, by the advice and authority of the Pastors and Elders assembled in Colloque, and of the Consistory of this Church, we have Retrenched and do Retrench the said N. from the Communion of the Church: we Excommuni∣cate and remove him from the Society of the Faithful, that he might be to you as a heathen and unbeliever, and amongst true Christians he may be Anathema, and Execrated, let his Com∣pany be esteemed contagious, and let his Exam∣ple fill your souls with fear, and make you trem∣ble under the mighty hand of God, seeing 'tis a fearful thing to fall into the hands of the living God. Which Sentence of Excommunication the Son of God will ratifie, and make it effi∣cacious, until that the sinner ashamed and hum∣bled in the sight of God, gives him glory by his eonversion, and being freed from these chains of Satan, where with he is bound, he bewails his sins with tears of Repentance. Beloved Brethren, pray unto God that he will have pity on this poor sinner, and that this fearful Iudg∣ment, the which with great sorrow and sadness of heart we pronounce against him in the Name and Authority of the Son of God, may serve to humble and turn into the way of truth, a soul which is strayed from it. Amen.

Cursed is every one that doth the work of the Lord negligently. If there be any one that loves not the Lord Jesus Christ, let him be Anathema, Maranatha. Amen.

CONFORMITY.

Christians were not the first which inflicted the pain of Excommunication on Rebellious and Scandalous Sin∣ners; Pagans and Jews have practised the same thing; I say Pagans; Casar informs us in his Commentaries, that the Druids in Gaul Excommunicated those which despi∣sed their Decrees and their Constitutions; * 2.1 forbidding them to approach near the Sacrifices, after which they were lookt upon as impious and obstinate, every one flying from their company and conversation, fearing to receive some harm by infection; and this punishment, which was the greatest of all those they did inflict, put into such a condition those which were subjected to it, that they were refused the benefit of the Law, altho they earnestly desired it; and it also deprived them from all degree of honour.

As for the Jews, every body knows Excommunicati∣on was in use amongst them; who, as 'tis said, had three sorts; the first and slightest, which they called Niddui, this separated the guilty from those which were not so, but for a little space, and for thirty days only; the second which they called Herem, was attended with Anathema's and Maledictions, and it was not permitted to eat nor drink with him that was so Excommunicated; and 'tis probable St. Paul had regard to this kind of Ex∣communication, when he saith, 1 Cor. 5.2. I write unto you, that you should not eat with such a one. The third kind of Excommunication was Shammatta, by which was sepa∣rated for ever from the Communion and Society of the Church, him that was guilty.

Seeing then that Jews and Pagans have exercised this power, methinks it would be injustice to refuse it to the

Christian Church, seeing also Jesus Christ her Head and Spouse has commanded us in his Gospel to look on him that refuses to hear the Church, as a Pagan and Heathen; that is to say, * 2.2 he will, that he be cast out of the Church; or that he be Excommunicated, which amounts all to one thing. St. Paul has expressed this action by delivering over to Satan, 1 Cor. 5.5. 1 Tim. 1.20. unless one will say that there was something more in St. Paul's Excom∣munication than in that designed by Jesus Christ in the Gospel.

However it be, the Governours of Churches strength∣ned by the command of the Lord Jesus, and by the Ex∣ample of his Apostles, have always Exercised this Ec∣clesiastical power against enormous and scandalous sins. Tertullian and Origen have shewn on the fifteenth Article, That it was the practise of their times; which is also ve∣rified by the places I have cited out of the same Origen on the precedent Article; and by another of Tertullian's, who writes in his Book of Pudicity, Chap 4. that these sinners should be driven away from the Inclosure of the Church, and the place of the Assembly; and this was the great and true Excommunication whereas the other was only a privation from the Sacraments. To these two Witnesses we may joyn St. Cyprian, Contemporary with Origen, who very often in his Epistles makes mention of this Censure, * 2.3 when he speaks, of removing from the Communion, of not Communicating with some one, to ba∣nish, and to cast out of the Church, to condemn by the mouth of the Pastor, to kill with the Spiritual Sword. And other Expressions he uses to declare the same thing. The tenth of the Canons attributed to the Apostles, does not suffer us to be ignorant of this ancient Discipline. Seeing he Excommunicates him that prays with an Excommunicated person, in the House only: I'le inlarge no farther, seeing

one must make a Volume, if one would collect all the Canons and Testimonies of the Fathers which treat of Excommunication; and more also, should one treat of the History of Interdiction, which Popes, to render their Power more formidable, have sent abroad in these last Ages, contrary to the use and practise of the Primitive Church, to which they were utterly unknown.

As for the Order which is to be followed, according to our Discipline, before debarring a sinner from the Com∣munion of the Church, besides that it is grounded on the Laws and Precepts of Charity, it is also conforma∣able to the practise of the Primitive Christians, * 2.4 who by Origen's report, reproved and warned the guilty three several times before they came to this last Extremity. Thence it is also, the same method was observed when there was any mention of deposing an Ecclesiastical Per∣son, because in sundry occasions the same faults which deserved Deposition of a Church-man, was punished with Excommunication in a Secular, as appears by di∣vers Canons, particularly by the sixth and seventh of the first Oecumenical Council of Ephesus, where we find these words, If they are Bishops, * 2.5 or others of the Clergy which are deposed, the Bishops from Episcopacy, the others from the degree they-held in the Clergy, from whence they are quite excluded; but if they are Lay persons, let them be Excommunicated. And we have made appear on the 49th. Artic. of Chap. 1. that a Bishop was cited three times, or any other Ecclesiastical person, before proceeding to his deposing.

I don't insist on the form of Excommunication repea∣ted after the Article on which I have made the necessary remarks, because 'tis in the liberty of the Church in such like occasions to make use of what terms it shall judge most fitting, provided that in the main it don't depart

from the bounds which the Gospel does prescribe, nor from the Example of the Holy Apostles. Neither do we see that in the Primitive Church they were confined to the use of a sorm of words when any one was Excom∣municated; those which condemned Sinners to that pu∣nishment, having been always Masters of the form and manner of Excommunication, which is always the same in substance, what variety soever there may be in the form wherein it is conceived.

XVII.

For the future, all Sentences of Excommunication confir∣med by the Provincial Synod, shall continue firm, as also all Sentences of Suspension from the Lords Supper, given by the Consistory, the which not being published to the People, shall hold good, altho the party suspended appealed to the Colloque, or Provincial Synod.

CONFORMITY.

There's nothing in this Article but what is very con∣formable to the ancient Discipline, according to which each Church had power to inflict throughout the whole extent of its Ecclesiastical Jurisdiction, the necessary pu∣nishments and Censures against all sorts of offences; so that when a Bishop had Excommunicated any one, none but the Synod of the Province could take off the Excom∣munication; as there was none but the Synod of the whole Diocess which comprehended several Provinces which could reverse the Sentence of a Provincial Synod. Therefore 'tis, that the Sixth Canon of the first Oecume∣nical Council of Constantinople, the 9. and 17. of that of Chalcedon, suffers to appeal from the Bishop to the Pro∣vincial

Synod, and from the Provincial to that of the whole Diocess, of which we have a resemblance in our National Synods.

XIX.

Those which have deserted the profession of the True Reli∣gion to embrace Idolatry, if they persist in this Apostacy after means used to return them to the flock, they shall publickly be declared Apostates, to wit, those who lately shall turn to be such, unless the Consistory shall think such a publication to cause some notable damage and prejudice to the Church, in which case no∣thing shall be done but by advice of the Provincial Synod. As for those which of a long time shall be revolted, the execution of this publication is refer'd to the discretion of Consistories.

CONFORMITY.

In the Primitive Church Idolatry and Apostacy were in several places excluded from pardon and absolution, * 2.6 during the two first Centuries of Christianity, as is made appear by the first and 46. Canons of the Council of Eli∣beri assembled Anno Dom. 305. and by the last of the first Council of Arles in the year 314, but it also appears by these same Canons, that bare Apostacy was not without hope of being pardoned by the Church, but only when it was accompanied with Idolatry, which the ancient Christians looked upon as the blackest of all crimes, * 2.7 and the most heinous of all sins: But the great Council of Nice removed this difference in the 11th. Canon, and made them all hope to find absolution in a certain time, as well Idolaters, as meer Apostates and Deserters; but this Decree was not so soon observed in all places, as may be gathered from the Writings of St. Pacian Bishop of Bar∣celona,

who writ after the sitting of this Council; and it may also be said, that before the middle of the third Cen∣tury, bare desert••rs were not received into the bosom of the Church, but they were still left under the labour of Penance, without any hope of Absolution, no not so much as at the hour of Death; it was at least the practise of most of the Western Churches. Tertullian in his Treatise of Pudicity, * 2.8 and St. Cyprian in some of his Epi∣stles, suffers us not to call in question the use of this hard and severe Discipline, no more than the mitigation which was begun to be used in it at that time at Rome, and in Africa.

XX.

In publick offences, that is to say, committed in effect, and known to a great many of the People, the restoring of the sinner shall be made by the publick acknowledging his fault, tho he had been punished by order of the Magistrate.

CONFORMITY.

In the Primitive Church the restoring of a Scandalous Sinner was not done but in presence of all the People, by the Imposition of Hands, which was accompanied with Prayer; and the better to understand the nature of this Discipline, it is to be observed, that three sorts of Imposition of Hands was used to Sinners, whose Sins were punished according to the Laws of publick Pe∣nance; by the former they were admitted to do Penance after having demanded it: Let the Penitents (saith the Council of Agde in the year 506. * 2.9 Can. 15.) receive the Imposition of Hands, at the time that they desire to do Pe∣nance. The second was not practised one time only, as

the first, but often, during the whole time of Penance; for as often as the Church assembled to attend the Exercises of Piety and Religion, they were made go out, as well as the Cathechumeny, before the celebrating of Divine Mysteries; but after, the Bishop imposed his Hands, and Prayed on the one and the others separately; so it is we find it by the 19th Canon of the Synod of Laodicea: * 2.10 It is re∣quisite, saith he, after the Homilies, or Sermons, the Bi∣shops make Prayers separately; first on the Catechumeny; and these being gone forth, Prayer must be made on those which are under Penance; and after the Penitents have been under the hands of the Bishop, and that they are withdrawn, the three Prayers of Believers must be made: The last was destin'd for the publick reconciliation of Sinners, after they had accomplished all the time of their Penance, and that they had passed through all its divers degrees: Therefore the 3d Canon of the 1st Council of Orange, in the year 441. calls this Imposition of Hands, * 2.11 The impo∣sing of reconciliatory hands, because God was beseeched that he would pardon these Penitent Sinners, and that he would reconcile them to God and his Church. The 78th Canon of the 4th Council of Carthage, calls it sim∣ply, The Imposition of Hands, * 2.12 without which it will not so much as have sick Penitents to be Absolv'd, in case they recover, although they had receiv'd the Sacrament du∣ring their Sickness. Pope Leo I. calls it the Door of Reconciliation, in his 41st Epistle to Theodorus.

XXI.

Seeing Adultery brings a mark of Infamy, especially on Women; the Publishing such Offences is refer'd to the di∣scretion of Consistories.

CONFORMITY.

St. Basil, in his Canonical Epistles, has prescribed something of this kind; * 2.13 Our Fathers, saith he, have forbid to publish (that is to say, to make known to the People) the Women guilty of Adultery, whether they confessed it by a movement of Piety, or that they were in some sort convinced of it, for fear that being Con∣victed, we should expose them to danger of Death: But they have appointed that they should be deprived of the Communion, until such time as they should accomplish the time of Penance.

XXII

Publick acknowledgments are not to be made but in person, and the Sinner shall give testimony of his Repentance.

CONFORMITY.

What we have alledged on the 20th Article, ought to serve as a Commentary on this, seeing it was the Sin∣ner in person which was publickly reconciled to the Church, after having fully satisfied the Laws of Pe∣nance.

XXIII.

The Sinner which has been Suspended from the Lord's Sup∣per by the Consistory, and that the Suspension has not been de∣clar'd to the People, shall desire of the Consistory to be re∣stor'd; and shewing signs of Repentance, shall there be re∣stored, without making publick acknowledgment.

CONFORMITY.

This Article is also very conformable to the practise of the Primitive Church, which opened not the door of reconciliation in presence of the People, but only to Sinners which were in publick Penance, and publickly deprived of the participation of the Sacraments, as evi∣dently appears by what I have hitherto said: As for other Sinners whose faults were not publick, they were treated in a gentler sort, and proportionable to the sins they had committed.

XXIV.

But him whose Suspension had been declared, after his Re∣pentance had been known to the Consistory by good Living, and sufficient Testimonies, he shall publickly be reconciled to the Church, in acknowledging his offence.

CONFORMITY.

This Article being in substance the same with the 20. the Reader may see what we have observed on that, it being needless to speak to this.

XXV.

Those who by their obstinacy and hardness in their faults, have been cut off from the Church, shall not slightly be re∣concil'd to the Church; but after a good and long proof of their Repentance, they shall be heard in the Consistory, and if they desire to be receiv'd into the bosome of the Church, acknow∣ledging their faults, proclamation shall be made to the People to

stir them up to pray and bless God; and sometime after they shall be presented to the whole Church, to confess and detest their faults and past rebellions, demanding Pardon of God and his Church, and so shall be reconciled with Joy and Pub∣lick Prayers.

CONFORMITY.

The Ancient Christians were wont to keep Sinners under Penance more or less, according to the nature of the Crimes whereof they were guilty; all the Canons which treat of this matter, confirm it; and one may only read them to find this difference; the time of Penance of some being incomparably longer than of others, be∣cause their Sins were more enormous and heinous; and as to be hardned in Sin makes it more criminal; so also they failed not to augment the punishment in pro∣longing the time of Penance, sometimes even to the hour of Death, even after the time that some mitiga∣tion had been made to the first Discipline in regard of some Sins which in several places were excluded from all hope of Pardon in the bosom of the Church, as is made appear by the 16th Canon of the Synod of Ancyra, in the year 314.

XXVI.

Those which in a Church shall fall into Idolatry, thereupon shall come to live in another Church where the fault is not known, shall confess their fault only in Consistory, on condi∣tion that returning to the said Church which they had offend∣ed, they also acknowledg their fault publickly in it; how∣ever referring to the discretion of the Consistory to do other∣wise, if they shall so think expedient for the Edification of

the Churches: The same Judgment shall be made of all other Faults which shall require publick Confession.

CONFORMITY.

Amongst the Primitive Christians, when a Sinner had been Excommunicated in a Church, when he had been cut off from its body, or only debar'd from the Holy Table, another Church was not permitted to re∣ceive him, without the consent of that which had in∣flicted the punishment; It was by this Principle, that the Clergy of the Church of Rome, the See being vacant after the death of its Bishop Hygin, about the year of our Lord 150. would not receive Marcion to the Communion, because he had been Excommunicated by his own Father, who was Bishop, for having debauch'd a young Woman: We cannot, say they, * 2.14 do this without the Order of your venerable Father. In Theodoret, Alex∣ander Bishop of Alexandria, complains to Alexander, Bi∣shop of Constantinople, that some Bishops had received to the Communion, some persons which he had Excom∣municated. The 5th Canon of the great Council of Nice expresly forbids it; as also several others, which 'tis needless to alledge.

But when there was no Sentence given against a Sin∣ner, that he had not appeared before the Guides to ac∣knowledg his Sin, or to be convicted of it, and that by consequence he had not been Excommunicated; it is very probable that if he retired into another Church where the Fault was not committed, he there would be treated according to the Rules of Christian Charity, without paying the satisfaction which he owed to that, which he had scandaliz'd in case he return'd to it: It is just what is prescribed by our Discipline; whereas there

is not, that I know of, any positive Decree in the An∣cient Canons, on a matter of the Nature of that which we Examine, although it may be reasonably thought there is, by what was practis'd in other occasions.

XXVII.

All offences confessed, and reparation made for them, shall be struck out of the Consistory Books, except those which being join'd with Rebellion, have been censur'd with Suspen∣sion from the Lord's Supper, or Excommunication.

CONFORMITY.

As there were only publick Faults, and scandalous Sins, which were to be satisfied for in the presence of the Peo∣ple; there is great likelihood, that in the first Ages, the Ecclesiastical Senate kept not a Register of others of a less quality, and which deserv'd not to suffer the pain of publick Penance; or at least if they were wont to be written, they were carefully expung'd, after the Sin∣ners had done what was requir'd of them in presence of the Conductors, and that the necessary Censures had been applied to them; otherwise what the Church has ever carefully distinguished, had been confounded and embroil'd.

XXVIII.

Consistories shall not give Certificates to Magistrates by Act nor otherwise; nor particular Members of Consistories shall discover unto any, the Confessions of Penitents, which voluntarily, or by admonitions given them, shall have confessed their faults unto them, unless it be in Case of Treason.

CONFORMITY.

There is nothing more judicious than this Rule, which enjoins to keep the secret of Confession made by Sinners of their faults, either to the Bodies of Consisto∣ries, or to any particular person whereof they are compos'd, except the crime of Treason; because in effect, the Seal of Confession should not be regarded, when there is question of the Sacred Persons of Kings, and of the safety of their Estates; there being no subject of what degree or quality soever he be, that in this occasion is not bound in Conscience to disclose the secret which has been revealed to him; otherwise he renders himself guilty in the sight of God, and deserves to be exemplarily punish'd by the Laws of Men.

XXIX.

Proceeding shall be made by Ecclesiastical Censures even to Excommunication, against those, which saying they are of the Religion, shall cite Pastor, and Elders, or all the Consistory before the Magistrate, to make them give Testimony against Delinquents which shall have confessed their faults before them.

CONFORMITY.

The 11th. Canon of the Council of Antioch, Anno Dom. 341. expresly prohibits Bishops and Priests, to ad∣dress themselves to the Emperor for any business, without the consent and Letters of the Bishops of the Province, especially of the Metropolitan; and the 12th deprives them of the liberty of defending themselves, and leaves

them no hope of re-establishment, if after having been Depos'd by their Synod, they have recourse to the Em∣peror, instead of addressing themselves to a greater Sy∣nod; for example, to that of the whole Diocess com∣posed of the Bishops of several Provinces. The Oecu∣menical Council of Constantinople, Assembled in the year of our Lord 381. appoints in the 6th Canon, not to receive the testimony of those, which, despising the Authority of Provincial Synods, and of those of the whole Diocess, have the confidence to implore Justice of the Emperor, or of the Civil Magistrate; because, say the Fathers, they do injury to the Canons, and they over∣throw all Ecclesiastical Discipline.

XXX.

As for Crimes which shall be disclos'd to Ministers, by those which demand counsel and consolation, Ministers are enjoin'd not to reveal them to Magistrates, fearing lest blame should be drawn on the Ministry, and Sinners should be discouraged for the future to come to Repentance, and make Confession of their faults; which shall stand good in all crimes confessed, except it be Treason.

CONFORMITY.

What I have writ on the 28th Article, sufficeth for explanation of this; which in substance contains the same thing.

XXXI.

If one or more of the People stir up dissention, to disturb the unity of the Church upon any point of Doctrine, or of

Discipline, or of the form of Catechism, the Administration of Sacraments, or of Publick Prayers, and the Order of Marriage, and that hereto particular admonitions are not a sufficient Remedy; the Consistory of the place shall endeavour with speed to dissolve and appease the whole matter without noise, and with all mildness of the Word of God: And if the opposers will not acquiesce, the Consistory of the place shall desire the Colloque to assemble in time and place more conve∣nient, having first of all made the said Opposers expresly pro∣mise, which shall be register'd, That they shall not spread abroad their Opinions in any sort or manner whatever, un∣til the Convocating of the Colloque, under pain of being cen∣sur'd as Schismaticks; yet they may have liberty to confer with the Ministers and Elders, if they have not been suffi∣ciently instructed. And in case the gainsaying Brethren re∣fuse to make the said promises, they shall be censur'd as Re∣bels, according to the Discipline; and the Colloque being as∣sembled, shall proceed as above. And if the said Opposers have been patiently heard, and refuted by consent, the whole shall be Registred; if not, the Provincial Synod shall be de∣sir'd to meet, extraordinarily if need require, at the time and place that the said Colloque shall judge most convenient, after the Promise as above-mention'd, reiterated by the said Op∣posers. The Synod assembled, shall first of all consider with good deliberation and consideration, of the Matter, the Places, the Time, and Persons, whether it shall be expedient that the Conference with the said Opposers be made in presence of the People, the Doors shut, or open, and that Audience be given to any of the Parties present that would speak, or not; and that in all Cases, the decision should belong to others, than to those called in the Province; and the whole, according to the Order contain'd in the Discipline: And that then, if the said gain-sayers will not obey, they shall make the same Promise as above, and shall be transmitted over to the National Sy∣nod,

ordinarily, or if necessity require, extraordinarily as∣sembled; the which shall hear them with all Holy Liberty; and there the intire and final resolution shall be made by the Word of God; to which if they refuse to acquiesce from Point to Point, and with express dislike of their Errors Registred, they shall be cut off from the Church.

CONFORMITY.

This Article shall be Explain'd in what I shall observe on that which follows.

XXXII.

A Pastor or Elder, breaking the Ʋnity of the Church, or stirring up contention about some Point of Doctrine, or of Discipline, which he has subscribed; or of the form of Ca∣techism, or Administring the Sacraments, or publick Prayers, or Marriages, refusing to obey what the Colloque has deter∣min'd, shall then be suspended from his Office, to be farther proceeded against at the Provincial or National Synod.

CONFORMITY.

A Council of Africa, * 2.15 in the time of St. Cyprian, De∣posed those of the Clergy which, by their Rebellions, disturb'd the Concord and Unity of the Church. St. Basil, in his 1st Canon of his 1st Canonical Epistle to Amphilo∣chius, prescribes after what manner one should act, not only against true Schismaticks, but likewise against all those which stir up Divisions in the Church, and which also make Conventicles and Assemblies apart; He speaks in the same place of Hereticks; and as these are three sorts of Persons, very different one from another; this

Doctor doth also adjudge diversity of Punishments.

But besides what I have now remark'd, we have also several Canons of Ancient Councils which do favour the Order of our Discipline; the 6th of the 1st Universal Council of Constantinople, is against those which endea∣vour to confound and overthrow the Ecclesiastical Order. The VII. first, of the 1st of Ephesus, which is the 3d Oe∣cumenical, were compos'd against all such of the Clergy as well as People, which should depart from the Decrees of the Council, and that should adhere to Revolt or Apo∣statize. The 18th of Chalcedon forbids all sorts of Fra∣ternities and Combinations against the Church; obser∣ving, That seeing this Crime is forbid by the Civil Laws, that it ought much more to be defended in the Church: It is for this Cause ought to be cited the 21st Canon of the 3d Council of Orleans, in the year 538. * 2.16 and the second Decree made by the Synod of Rheims, in the year of our Lord 630.

XXXIII.

In each Church there shall Memorials be made of all re∣markable things in Matters of Religion; and a Minister shall be deputed to each Colloque, to receive and carry them to the Provincial, and from thence to the National Synod.

CONFORMITY.

Pope Fabian, who finished his Days by a Glorious Mar∣tyrdom for the Cause of Jesus Christ, during the Persecu∣tion of Decius, about the year of Christ 250. Pope Fabian, * 2.17 I say, Established persons to Collect the Acts of Martyrs, as is to be seen in the Pontifical Book commonly attri∣buted to Damasus; and it may truly be said, this was the

principal subject our Discipline aimed at in the Article which we Examine, as appears by this Establishment of the National Synod of Privas, in the year 1612. The Provinces shall be exhorted carefully to recollect the Histories of Pastors, and other Believers, which in these last times have suffer'd for the Truth of the Son of God; and such Me∣moirs shall be sent to Geneva to be made publick.

In the same Pontifical of Damasus, * 2.18 which I but now spoke of, it is observ'd, That St. Clement, Disciple of the Apostles, had a long time before Fabian, divided the se∣ven quarters of the City of Rome, to seven faithful persons of the Church, that each might exactly enquire in his District, the Acts of Martyrs, in the number of which he was put himself, * 2.19 about the year our Lord 100. Pope Anterus, Predecessor to Fabian, did near-hand the same as was done by Clement: But if that was done in the Church of Rome, it was also practised in divers others. St. Cyprian testifies, it was practised by that of Africa, in his 37th Epistle, where he ordains, That the Day of the Death of Martyrs should be taken account of, to the end to celebrate their Memory. It is in this regard Tertul∣lian speaks, * 2.20 des Fastes, of the Feasts of the Church; and the Letter of the Church of Smyrna, touching the Mar∣tyrdom of St. Pollycarp, gives us also a proof of the thing now in question, and which ought to be looked upon as the Original of what we call Martyrologies, which com∣prehend not the Martyrs of one Church only, but gene∣rally of all, as can be discover'd, in which 'tis thought Eusebius first laboured.

Notes

• * 1.1

  Apolog. p. 98.
• * 1.2

  Conc. E∣phes. p. 2. Act. 1. Tom. 2. Con. p. 264, 265 Catch. Acts. Tom. 3. p. 131.
• * 1.3

  1 Cor. 6.
• * 1.4

  Apolog. cap. 39.
• * 1.5

  Epist. Ca∣non. cap. 8.
• * 1.6

  Chap. 3. Art. 3.
• * 1.7

  Orig. Hom. 7. in Jos. pa. 185. l. 1. Aug. Ser. 16. de Verb. Do. c. 7 Tom. 10.
• * 1.8

  Hom. 7. in Jos. & 21. & 2. in Jud. Tom. 1. & in Mat Trac. 35. To. 2.
• * 1.9

  Can. 5, & 6.
• * 1.10

  Hom. 50.
• * 1.11

  Tom. 10. Cap. 7.
• * 1.12

  Tom. 3.
• * 1.13

  Tom. 2. Bibl. Patr.
• * 1.14

  Can. 31. Tom. 1. Conc pag. 711.
• * 1.15

  Tom 2. pag. 238.
• * 2.1

  Lib. 6. pag. 134, 135.
• * 2.2

  Matt. 18.17.
• * 2.3

  Ep. 28.38, 55, 62 of the last Edit.
• * 2.4

  Hom. in Jos. Tom. 1. p. 185.
• * 2.5

  See the Can. 8, & 17. of the Counc. of Calced.
• * 2.6

  Tom. 1. Conc. p. 232, 236. Tom. 1. Conc. Gall. p. 8.
• * 2.7

  Paran. ad Poen. Tom. 3. Bib. Pat. pag. 71.
• * 2.8

  Cypr. Ep. 52. cum 14, & 31.
• * 2.9

  Tom. Conc. Gall. p. 164.
• * 2.10

  See 4 Conc. of Carth. Can. 80. Tom. 1. Conc. Tole∣tan. 3. c. 11. Tom. 4. p. 504. An. 589.
• * 2.11

  Tom. 1. Conc. Gall. p. 71.
• * 2.12

  Tom. 1. Concil. p. 730.
• * 2.13

  Ep. 2. Can. 34. Tom. 3. p. 32.
• * 2.14

  Apud Epi∣phan. Pe∣tau. Haer. 42. p. 303.
• * 2.15

  Ep. 71. p. 121. ult. Edit.
• * 2.16

  Tom. 1. Conc Gal. p. 254. Ib. p. 480.
• * 2.17

  Tom. 1. Co••il. p. 113••.
• * 2.18

  Ubi supra. p. 30.
• * 2.19

  Ib. p. 110.
• * 2.20

  De Coron. c. 13.