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TO proceed to the Election of those which are to be Imployed in Preaching the Word of GOD, the Rule of the Apostle must be observed; that Examination and In∣quiry must be made of their Doctrine, Life and Conversation, and that as diligently as may be.
Jesus Christ having established the Preaching of the Gospel, to conduct his Children to the enjoyment of the Salvation which he purchased for them by the Merits of his Death, it is with great Reason that the Authors of our Discipline have begun this Excellent Work, with the Articles which Treat of the Election and Establish∣ing of Ministers, which are the Instruments which God employs for assembling the Saints, and for building up the Body of Christ, as St. Paul speaks. The more weighty this Office is, the more care ought to be taken, that those which are called to it should be enrich'd with Gifts necessary to discharge themselves as they ought; that's to say, That they should be apt to teach; which the National Synod of Gergeau, added in the Year 1601. to the Article which we examin, after these Words, of their Doctrine: 'Tis true, that the purity of Doctrine should be accompanied with Holiness of Life, to the end, that if they are the Light of the World by their Preaching, so also they should be the Salt of the Earth by their good Living. The Apostle, who perfectly knew the importance of this Divine Employment, took par∣ticular care in Chap. 3. of the 1st Epistle to Timothy, and in Chap. 1. to Titus, to prescribe all the Qualities he de∣sires in a good and faithful Minister of the New-Testa∣ment: St. Peter also Treats of them, but in a more ge∣neral manner, in Chap. 5. of his 1st. Epistle.
Thence it is that St. Clement observes in his Epistle to the Church of Corinth, * 1.1 That the Apostles Preached the Word in the Cities, and in the Countrey, and that they Established for Bishops of those which were to believe, the first Fruits of those which they had Converted; that is to
say, The first Fruits of those, which, being awakened at their Preaching, had imbraced the Profession of the Gospel; but he observes also, that he made them not Conductors of the Faithful, until after he had proved them by the Holy Ghost. Tertullian, in all likelihood, thought of this practice, when describing in Chap. 39. of his Apology, the Assemblies of Christians of his time, he saith, That the Elders which had been tried, pre∣sided over them; this proof undoubtedly comprehend∣ing that of their Life and Doctrine: It is also in the same design, that the fourth Council of Carthage Assem∣bled in the Year 398, and Composed of above 200 Bishops, ordered in the first Canon, before all things, To examin him that was to be Consecrated a Bishop, * 1.2 to see if he have a good Natural Wit; if he be apt to Teach; mode∣rate in his Conversation; sober in his Life; diligent in his Affairs; humble, affable, full of Compassion; If he be Learned; if he be Instructed in the Law of the Lord; if he Interprets the Word of God soberly and prudently; if he be vers'd in the Dogma's of the Church, and if he can explain in a clear and plain manner, the Doctrines of Faith. The first Council of Nice also made mention of this Tryal in the Ninth and Tenth Canons; and it shall be shewn on the fourth Article, the exactness that was us'd, to have good Testimonies of those which were to be Esta∣blished in the Ministry of the Church.
Those which are newly introduced into the Church, espe∣cially Priests and Fryars, are not to be admitted into the Ministry, without long and diligent inspection and examina∣tion, not only of their Life, but also of their Doctrine, and must be approved of at the least for two years, from
the time of their Conversion, and confirm'd by good Wit∣nesses of the places wherein they have lived; and they shall not receive Imposition of Hands no more than if they were meer Strangers, without the advice of Provincial and Na∣tional Synods.
This Article is grounded upon the Authority of St. Paul, and upon reason; I say, on the Authority of St. Paul, who declares positively, That the Minister of the Gospel should not be a Novice, lest being lifted up with Pride, * 1.3 he fall into Condemnation of the Devil. I say, in the second place on Reason; for if we diligently ex∣amine the Doctrine and Manners of those that aspire to the Office of the Holy Ministry, altho they are Sons of the Church by Birth, or at least that they have joined themselves to her Communion for several years past, of much greater reason should the same Care and Pre∣caution bind rather more in regard of those which are turn'd to us but very lately: A Tree newly planted can∣not so well resist Winds and Storms, the extremity of Cold, nor great Heat, as if it had taken deep root in the earth; a new Convert has not so much Light or Experience for the guiding of a Flock; besides, it is requisite time should be allowed to judge of the sincerity of his Conversion, because Men cannot penetrate into the heart; and that moreover, the Actions of a Hypocrite have in outward shew, much resemblance with those of a good Christian.
But if this Article, now in question, be grounded on the Authority of Scripture, * 1.4 and on the Light of Reason, it is no less on Tradition; Tertullian reproaches Here∣ticks, That they established in the Ministry of the Church,
Neophites, and such as were newly converted. The great Council of Nice, in the year of our Lord 325. made a Canon on purpose, wherein the Fathers complain, * 1.5 that several things had been done, either through necessity, or otherwise, to the Prejudice of the Ecclesiastical Rule, as for having too soon granted Baptism to those which passed from Paganism to Christianity, without having been long enough Catechised; and in having advanced them to the highest Offices in the Church presently after Baptism; upon which they prohibit. That the like shall not be done for the future; because say they, There must be time for a Catecumene, and a longer Proof and Tryal after he has been Baptised; which they confirm by the Words of the Apostle above cited: About forty years after, the Council of Laodice, the Canons whereof have been annex'd to the Code of the Canons of the Universal Church, made this Decree, which is to be seen in the Third Canon, It is not permitted to admit into Sacred Orders, those who have but lately received Baptism; it is also, whereunto have regard the 12th and 13th Canons of the same Council. This same Defence has been since often reiterated; for, not to speak of the 8th Canon of those attributed to the Apostles, wherein 'tis to be seen at this present time, it is to be found in sundry other places of the Writings of the Ancient Fathers; those who will take the pains to read in the first Tome of the Councils of France, the Eleventh Canon of the Fourth Council of Arles, Anno Dom. 524. the Letter of Pope Foelix the Fourth, to Caesarius Bishop of Arles, of the year 528. The Sixth Canon of the Third Council of Orleance, of the year 538. and the Ninth to the Fifth of the same place, with the Twelfth of a Roman Synod to the Bishops of France, the time whereof is uncertain; those I say, which will please to read these places, will
will easily perceive the Matter now in question; as also in the Third Canon of the first Council of Barcelona, * 1.6 which was held the year 599. and in the Eighteenth or Nineteenth of the Fourth of Tolledo, in the year of our Lord 633.
If it happens that any Bishop or Curate aspire to the Mi∣nistry of the Gospel, he cannot be Ordain'd until he be first a true Member of the Church, renouncing to all his Benefices, and other dependancies on the Roman-Church, and acknow∣ledging all the faults he has committed for the time past, as he shall be directed by the Consistory; and after long ex∣perience and proof of his Repentance and good Living.
Those whereof there is question in this Rule, being near hand the same with the others whereof I have discoursed in the precedent Article; the same Method must be observed in reference to them, as towards the others; seeing they can be looked upon in the Com∣munion wherein they are lately come, but as new Converts.
A Minister of the Gospel, (except it be in troublesom times, in case of great necessity, in which he may be Or∣dain'd by Three Ministers, with the Consistory of the place) shall not be admitted to this Holy Office, but by the Provin∣cial Synod, or by the Colloqui; provided it be compos'd of Seven Pastors at the least, which Number not being to be
found in some Colloquies, it shall call in others of the Neighbourhood to accomplish the Number; and him who is to be Ordain'd, shall be presented together with good and sufficient testimonies, not only of Academies, or particular Churches, but also of the Colloqui of the Church in the which he has been most conversant.
There are two chief Heads in this Article, one whereof regards the Number of the Ministers which are to assist at the reception of him who is intended to be admitted into the Holy Ministry; and the other con∣cerns the Testimonies of him who presents himself to be Examined. As for the former of these two Heads, touching the number of Ministers, whose presence is necessary for the Establishing of another, there is no∣thing wiser or more judicious, than what our Disci∣pline does appoint. Whilst the Church doth enjoy Peace, and is at full Liberty, it's very reasonable that the Minister of the Gospel be admitted to this Sacred Office by all the Ministers of the Province, assembled in a Synod, or at least by those which compose the Colloqui or Class where he is to serve, provided they are not under the number of Seven; but in perilous and difficult times, and upon urgent necessity, three are sufficient: It is the Establishment of the first Council of Nice, which explains it self in these Terms, in the 4th of its Canons, It is requisite the Bishop should be established by all the Bishops of the Province; but if that be difficult to be done by reason of some urgent necessity, or by reason of the length of the way, let there be Three As∣sembled to make the Ordination, those which are absent, con∣senting and approving the same by their Letters. I grant
the Cannon speaks properly of the Ordination made by the imposition of hands, as we shall see in what follows; but that don't hinder but that it may be appli'd to the whole vocation; the 19th. Canon of the Council of Antioch of the year 341, saith in effect the same thing.
But in regard of these difficult times whereof menti∣on has been made, during the which three Pastors suffi∣ced for establishing a Minister, the Ecclesiastical History praising the Piety and Zeal of Eusebius Bishop of Samo∣sate, observes of him amongst other things, one action very considerable, which is, that in the time the Arrians persecuted the Catholicks under the Emperor Valens, this holy man knowing there was several Churches de∣stitute of Pastors, He Equipp'd himself in a Soldiers habit, and putting a Miter on his head, * 1.7 he went through Syria, Phoenicia, and Palestine, setling Priests and Deacons, and also Bishops, in the Churches that had need of them.
I say, he established even Bishops, whether it be un∣derstood of Bishops, which had before been advanced to this Dignity, and which he established in the Churches which had need of them, as may be gather'd from Theo∣doret, or other Orthodox persons which he Consecrated, and to whom he gave Ordination at the very time that he assign'd them Churches; and that he setled them in them, as is observ'd by Mr. de Valois in his Notes upon this place, and on the 4th. Chap. of the 5th. Book of Theo∣doret's History; to justifie what I have now said of Eu∣sebius of Samosate, that he established Bishops in the Chur∣ches that wanted them, and at the same time to see sundry instances of Ordinations by the Imposition of hands, of one person only; however it be, the conduct of this Prelate, which was never blamed by any, shews plainly, that in difficult times, and when the preserva∣tion
and safety of the Church requires it, something of the rigor of the Laws and Canons of the Church may be dispenc'd withal, as is observ'd by Synesius Bishop of Ptolomais, in his 67 Epistle, * 1.8 where he makes mention of the Ordination of a Bishop by another single Bishop, in difficult and troublesome times; and I will make ap∣pear on the 8th. Article, several examples of these kinds of Ordinations even in times that were not troublesome, and such as our Discipline designs; in the mean while I observe that Venerable Bede in his Ecclesiastical History of England, writes, that Ithamar Bishop of Rochester, * 1.9 alone of himself, Consecrated two Arch-Bishops of Canter∣bury, one after another successively.
I now proceed to the second Head of this Article, which concerns the Testimonies those are to produce, who are to be Consecrated to the Holy Ministry. Pastors be∣ing to be an example to their flock in word and conversa∣tion, it is very fitting there should be good testimonies of their Life and Doctrine, before they are established in this Divine Office; insomuch as St. Paul desires, that they may have a good report of those which are with∣out, fearing lest they should fall into shame, and the snare of the Devil; therefore the Church has ever used after this manner, admitting unto this trust only those which had good and sufficient testimonies, as well for their capacity, as for their good Conduct; it is whereunto amounted the proof St. Clement, Disciple of the Apostles, and Tertullian, have already made mention; thence it is, St. Cyprian will, * 1.10 That the Pastor be established in the presence of all the people, who perfectly know the life of each person, and that have narrowly observ'd his conversation, to the end that having discover'd his vertues, or vices, the Or∣dination made by the consent and approbation of all, may be just and legitimate. * 1.11 And elswhere, he saith to the people,
That he is wont to advise with them, when he is about to Or∣dain any Clerk, to the end they may examin and try altoge∣ther, the life and good qualities of each one.
Saint Basil complaining of the relaxation of Discipline, * 1.12 and the slighting of the Canons, which in time might occasion great confusions in the Church, he saith, That the ancient custom of Christians was carefully to search and to make very strict inquiry into the life and conversation of those who were admitted into the Ministry, to find out if they were Slanderers, Drunkards, Fighters, if they car∣ry'd themselves soberly, and if they could walk stedfastly in the ways of Sanctification, without which no one shall see God. Moreover this custom appear'd so good and holy to him, that he will absolutely have the use of it reviv'd through∣out all his Diocess; that he will have the Church purg'd of all those that were enter'd into it by any other man∣ner, as being unworthy to serve in it, and that for the future none should be admitted but those which were first duly examin'd, and accounted worthy the Employ∣ments intended for them.
I will not here repeat what I alledged of the fourth Council of Carthage upon the first Article; I will only say, that in the third Tome of the Library of the Fa∣thers, and in the Pandect of the Cannons Printed at Ox∣ford of late years, there is a Canonical Epistle of Theo∣philus Bishop of Alexandria, the sixth Canon of which treats of Ordinations, wherein he desires, the Election and consent of the Clergy, the examination of the Bishop, and the testimony of the people.
In the Book of Sacraments of Gregory the first, * 1.13 the Bishop is to signifie to the People the Names of those which are to be chosen, to the end that if any there pre∣sent know any thing that might hinder the Ordination, they might declare it freely, and with a safe conscience;
thence it is that Leo the first, desires in these Occasions, the testimony of the People, as he explains himself in his 89 Epistle. And Pope Eugenius II. in a Synod assem∣bled at Rome about the year of our Lord 826, and which is to be seen in the second part of the Roman Collection of Holstenius Printed at Rome 1642, I say, with the Synod, prescribes in the very terms of the Apostle, * 1.14 the manner of Ordination; that is to say, that he re∣quires that he which desires to receive it, may be adorn'd with the Qualities recommended by St. Paul, and that he may be acceptable to all the world by his good Works.
The Emperor Alexander Severus, so highly approv'd this use and practise, as also the publishing which was made of those which were to be admitted into the Mini∣stry of the Church, whereof I shall speak on the tenth Article, * 1.15 that he would have it be put in practice in esta∣blishing Governours of Provinces of the Empire, and other Magistrates.
The Fathers of the first Council of Nice, in the Letter they wrote to the Church of Alexandria, and which has been transmitted to us by Socrates and Theodoret, these Fathers term this, * 1.16 Offering to the People the Names of those which were to be advanced to any Dignity in the Church. St. Chrysostome in the 18th. Homily upon the 2 Epist. to the Corinthians, Establishes and confirms this custom by the Example of the Apostles, which us'd the same when Mathias was to be chosen, and also by that of the Seven Deacons. Something of the same kind is to be seen in 61 and 76 Epistles of Synesius, according to which Ni∣cetas in the Life of St. Ignatius Patriarch of Constantino∣ple, in the IX Century, which is contain'd in the Pre∣liminaries of the eighth Council of Constantinople, which the Latins hold for Oecumenical, but is rejected by the
Greeks: * 1.17 Nicetas observes, that several were named to sill the vacant Chair, and that St. Ignatius was preferred before the rest.
The Examination of him that shall be presented, shall in the first place be made by Propositions out of the Word of God upon the Texts of Scripture which shall be given to him, the one in French; of necessity, the other in Latin, if it be thought expedient by the Colloque; for each of which he shall be allowed 24 hours time to prepare himself; if there∣in he satisfies the Company, it shall be farther known by a Chapter in the New Testament which shall be assign'd him, whether he is skilful in the Greek, so as to interpret it; and as for Hebrew, it will be requisite to know if he under∣stands it so far as to make choice of good Books for the bet∣ter understanding the Scriptures; whereunto shall be added an Essay of his Industry and skill on the most necessary Parts of Philosophy, all in Charity, without affectation of difficult and unnecessary Questions. To conclude, there must be requir'd of him a short confession of Faith in Latin, upon which he shall be examin'd by way of Dispute; and if after this trial, he shall be found capable, the Company re∣presenting to him the obligation of the Office whereunto he is called, shall declare to him the power which is given to him in the Name of Jesus Christ, of Administring as well the Word, as the Sacraments, after his intire Ordination into the Church whereunto he is appointed, the which shall have notice of his Election by Acts and Letters of the Synod or Colloque, carried and read by one of the Elders.
After what I have hitherto said, it cannot reasona∣bly be doubted, but that in all times, those have been Examin'd in the Church, which were to Labour for her Instruction and Edification, and which were to serve in Preaching the Word, and Administring the Sacraments; I grant this Examination may differ according to the di∣versity of Places and Persons, which were to do the Office of Examiners; some doing it with more Exact∣ness and Severity, and others with more Mildness and Charity; and I can't tell if ever there has been seen on this Subject, a more strict and exact establishment than that which our Discipline doth prescribe: What∣ever it is, it is most certain, that is, That the Exami∣nation of Life and Doctrine, however 'twas perform'd, always preceded Ordination. The 19th. Canon of the 1st Council of Nice, the 12th of that of Laodicea, and the 1st and 4th of Carthage, ordaining it should be so; al∣though the latter makes it more ample than the two others, and declares distinctly, the Questions which were to be made, and the Articles upon which those were to be Interrogated which were to be called to be Bishops; and I make no question, but 'twas with regard to this Examination, That Gregory the first con∣demn'd in his Pastoral, * 1.18 The temerity of those which being ignorant and destitute of knowledg, would presume to take on them the Office of Pastors, never considering that the Conduct of Souls, is the Art of Arts: That is to say, the Noblest and most Excellent of all the Sciences, and withal, the most Difficult, the most Intricate, and most Laborious, and by consequence, requires more Study and Care than any other whatsoever. What a shame
would it be for a Pastor, to speak yet with the same St. Gregory, * 1.19 in the same Treatise, If he should go about to learn, in the time that he should resolve the diffi∣culties should be propos'd to him? Whereas he ought always to be ready, to give to Believers the satisfaction which they desire, upon things which concern Con∣science and Salvation.
This laudable Custom continued a long while after the Death of Gregory; but since the Ninth Century, the Examination of Pastors was insensibly brought to so mean a State, that there needed not much Learning to Answer the Questions that were propos'd: And to con∣clude, The greatest part of the Vocation and Consecra∣tion of those to whom the Care and Conduct of Souls was committed, consisted only in Shew and Ceremony, or at least so little heed was taken of their Judgment and Capacity, that there was seen to grow in a little time, from a practise so different from that of the Primi∣tive Christians, that gross Ignorance, which was the Spring and Cause of most part of the Evils and Disor∣ders which have befaln the Western Church: Not but that several Rules have been made to redress this great Mischief, but it had got too deep root: Besides, Fa∣vour and Authority had a greater share in these promo∣tions than the Glory of God, and the Instruction of the People; especially the Power of the Bishops of Rome, who by degrees had gain'd to themselves the greatest part of Ecclesiastical Power, bethought themselves about the XI. Century, to cause to be demanded, or demanded themselves of the Bishops which were Exam∣ined, and in the very moment of their Examination, if they did not promise subjection and fealty in all things to St. Peter, * 1.20 and to his Church, to his Viear, and to his Successors, as appears by the Roman Order, which in all
likelihood was writ about that time, and where is to be seen at this day amongst the Questions made to the Bi∣shop which was Examin'd, those which regard the Obe∣dience and Fidellity which I but now mentioned; and there is to be seen in the Roman Pontifical, Printed at Venice in the Year 1582. * 1.21 the Form of the Oath they were made to take, and whereunto they ingaged them∣selves in doing it, which are things quite different from the Discipline of the Primitive Christians.
I know very well, that about the year 722. Boniface, Archbishop of Mayence, made an Oath to Pope Gregory the II. at the time of his Ordination and Promotion to the Prelacy; but this Oath did properly contain no more but a Profession of Faith, and the Essential Duty of an Apostollical Legat, and of a Vicar of the Holy See, as they express it; which is to make Bishops ob∣serve the Canons, and to give the Pope Information of the great difficulties which is therein. I know also this Prelat Assembled a Council, as he recites it in his 105. Letter to the Bishop Cuthbert, wherein he made alike profession to the Bishops which there assisted; but besides that, all this was done but only by Order of the Princes and Bishops of the Kingdom, as may be ga∣thered from the very Letter of Boniface, and from the 1st Canon of the Synod of Leptines, where Prince Carloman protests, That by advice of the Bishops and Nobles of the Kingdom, he setled Bishops in all Cities, and gave them for Chief and Superiour, the Archbishop Boniface, Legat of the Holy See. Besides this, I say, these Ex∣amples now alledged, went no farther, if my memory fail me not, before the time I mention.
Him whose Ordination shall be signified to the Church, shall Preach the Word Three several Sundays in publick; (but not Administer the Sacraments, nor Celebrate Marriage) in presence of all the People, that they may observe his manner of Teaching: The said People being expresly warn'd, That if there be any one that know any just cause, wherefore the Election of him so signified, may not be fully ratified, or that he be not liked of, they may come and make it known to the Consistory, who will patiently hear any one's Reasons, to judge of the whole. The silence of the People shall be look'd upon as a full consent: But if there be murmuring, and that the Party named, is liked of the Consistory, and not of the People, or the major part of them, his admission shall be deferred, and the whole shall be reported to the Colloqui, or the Provincial Synod, to discern, as well the Justification of the Person named, as of his Reception; and altho' the Person named was there justified, yet he shall not be impos'd as a Pastor on the People, contrary to their desire, nor so much as to the dislike of the greatest part of them; nor the Pastor in like manner against his will, to the People; and the difference shall be clear'd by order, as abovesaid, at the Charge and Expence of the Church which shall demand it.
Although a Minister might be judged capable by the Synod, or the Colloqui, which have Examin'd him, That is not sufficient to Establish him. It is more∣over requisite that the Flock that is appointed for him, be satisfied with his Preaching; therefore he is obliged to Preach Three several times, before he receives the
Imposition of Hands, to the end, that if his way of Preaching please the People, he may be confirm'd in his Ministry; but on the other hand, if all the People, or the major part of them declare, That they are not satis∣fied with his Preaching, and that his Teaching is not to their liking, Our Discipline doth very prudently Order, that all shall surcease. In effect, as a Minister cannot be forced to yield his Service to a Church, for the which he has no inclination; so in like manner, a Church cannot be obliged to make use of the Ministry of a Man, whose Conduct and Preaching is not accepta∣ble. It is a kind of Wedlock, which requires the reci∣procal liking of both Parties; * 1.22 There is nothing more firm and profitable, (said to this purpose, Gregory Nazi∣anzen) than to receive freely the oversight of those you receive as your Teacher or Guide; and see here the Reason he alledges for it: Our Law (saith he, speaking of the Canons of the Church) requires not that People should be led by force, it desires that all should be done of free-will, and without constraint.
And because it often happens, that Ministers give no cause on their part, for the refusal made of their Ministry by the Churches, although 'twas appointed for them, and that this refusal has no other ground, but the humour of an inconstant People; the Ancient Canons have provided, in declaring that these Pastors shall partake of the Honour of the Office and Function of a Minister; and that the Provincial Synods shall pro∣vide them some settlement elsewhere. The 18th Canon of the Council of Antioch, in the Year of our Lord, 341. is clear in the Case; If a Bishop go not to the Church for which he was Consecrated, and that it don't happen through his fault, but by the opposition of the People, or for some other subject for which he is not the Cause; Let him par∣take
of the Honour, and of the Ministry, provided he causes not any trouble to the Church whither he retires; and let him take what the Synod of the Province shall judge conve∣nient. All the difference there is to be seen betwixt this Canon and the Article of our Discipline, is, That then the Pastors which were sent to the Churches, had already received Ordination; whereas amongst us, it is to be receiv'd in the Church it self whither one is sent: Nearer to which there cannot a greater Conformity be desired. The 36th Canon of those father'd on the Apo∣stles, prescribes in effect, the same as that of Antioch.
After all, by this Order of the Canons, Pastors could not be imposed on the Churches against their liking; so it is that Pope Celestin writes in the 5th Century, to the Bishops of the Provinces of Vienna, and of Narbona, Let no Bishop be given to those which oppose his Establish∣ment; * 1.23 and let the consent of the Clergy and People be first had, to know if they desire to have him for their Pastor. Leo the 1st, Successor to Celestin, after Sixtus the 3d, writes near hand the same to Anastatius, Bishop of Thes∣salonica, * 1.24 and pretends, That the Bishop be desired by the Clergy and the People, and that without it, he ought not to be sent; fearing lest the People having received against their will, a Bishop that they had no liking to, might slight or hate him, and not being able to have him they desired to have, they out of measure decay in Piety and Religion. The 5th Council of Orleans, in the Year 549. renews in the xi. Canon, the Ancient Decrees, and pronounces Sentence of Deposition, without hope of Restoration, against those which intrude into the Ministry any other way; and that do by violence usurp the Conduct of a Church, against the Will of the Clergy and People whereof it is compos'd, and without having been called unto it by any lawful Ordinance. And the 3d of Paris,
Assembled Anno Dom. 557. Emplies also to this same effect, * 1.25 The 8th Canon contained in terms no less strong than that of Orleans.
There would never be an end, should one under∣take to cite all the Testimonies of the Ancients, touch∣ing the part Believers had in Election of their Conduct∣ers; for besides what I have hitherto writ, there are a great many proofs of this Truth: For instance, * 1.26 That which is said by Cornelius Bishop of Rome, in Eusebius, of the Ordination of Novatian unto the Office of Priest; for 'tis easily collected out of this Relation, That the People were wont to give their Voices and Consent in these occasions. The Fathers of the 1st Council of Nice, speak fully of the Choice of the People, * 1.27 in the Let∣ter which they wrote to the Church of Alexandria. The Emperor Constantine writing to those of Nicomedia, he says, That 'tis in their power to make choice of what Pastor they please; and that it depends freely of their Judgment. The Council of Calcedon in the xi. Action, speaking of the Church of Ephesus, saith, * 1.28 That a Bishop shall be given them, as shall be Elected, by the consent of all those which he is to feed. And in the 16th Action, there is also mention made of the suffrage of the People: Those that will take the pains to read the 20th Chapter of the 4th Book of Theodoret's Ecclesiasti∣cal History; the 15th of the 5th Book of that of Socra∣tes, the 19th of the 8th of Zozomen, the 12th of the 2d of that of Evagrius, with the 67th and 76th of Synesius, will find several Examples of the Practice which I Examine.
The IX. Century affords us a Treatise expresly about Elections of Bishops, written by Florus, Deacon of the Church of Lyons, the which is contain'd at large in the 2d Volume of the Works of Agobard Bishop of the
same place, of the last Edition, for which we are be∣holding to the care of Mr. Baluze; * 1.29 This excellent Wri∣ter Establishes throughout the whole Treatise, the Right of the People; and proves, That they ever had their part in the Vocation of their Pastors; and that this was also practised in his time, and also in the Roman Church. To conclude, The Vocation of a Minister was not thought Legitimate, if the Voice of the Clergy and Peo∣ple had not interven'd, which practise continued also in the XIIth Century, at least in the West, as appears by a Treatise of Arnulph Arch-Deacon of Siez, and af∣terwards Bishop of Lisieuz, against Gerrard Bishop of Angouleme; * 1.30 for he saith in the 2d Chapter, That there's no likelihood, that the Clergy nor the People had any part in his Election. And in the 7th, wherein he reproaches him to have usurped the Archbishoprick of Bourdeaux, he speaks after this manner; The desire of the People did not precede, no more than the Election of the Clergy. I pro∣ceed on farther, and I say, the same practice was ob∣serv'd in the beginning of the 13th Century; therefore a Council of Avignon Assembled the Year 1219. by the Legates of Pope Innocent the 3d, was obliged to prohibit it in the 5th Chapter, * 1.31 We forbid the Laity to intermedle by themselves or any else, in the Election of a Bishop, or of any other Church Guide. And in all likelihood, the Council made this Decree in regard of the Albigenses, who doubtless followed the Ancient practice, and with whom the Legates of this same Pope had a Conference in the City of Mountreall near Carcassone, three years be∣fore, whereof there is mention made in the 18th Chap∣ter of the 2d part of the History of the Eucharist. In the main, I believe, that since this Council of Avignon, the People have, by little and little, been depriv'd of their just Rights; from thence it is, as I suppose, that
Pope Gregory the Tenth which order'd several things a∣bout Elections in the Council of Lyons, in the year 1274, * 1.32 saith nothing at all of the suffrage of the People, altho he speaks several times in general terms of those which do elect.
He who has consented to be Ordained to the Holy Ministry, shall receive the Office which shall be given him, and at his refusal shall be sollicited by all convenient Exhortations, but he is not to be constrained.
From the time that one has consented to make choice of him to settle him in the Office of the Holy Ministry, he is ingag'd by a kind of promise that he is bound in Conscience to accomplish; so that it is just to represent his Duty to him, and to exhort him to bear without reluctancy the yoke which he had a design to take on him. Nevertheless, because these kind of actions should be free, and that the work of the Lord ought to be without constraint, it cannot reasonably be used towards those which refuse to accept this Office, whatever in∣clination they had to it before; according to which the third Council of Orleance assembled Anno Dom. 538. dis∣charges the Pastors which were chosen into Orders by force, or against their will; it discharges them from their Employment, without debarring them from the Com∣munion; * 1.33 but as for Bishops that have the confidence to make such Ordinations, the Synod imposes on them a years Penance, and suspends them from the functions of their Ministry. The 36th. Canon of those which go in
the Apostles Names, differs a little from this practice, and is something more severe. In the main, the ancient Discipline never approved force nor constraint in these Occasions, altho some instances are found in the Eccle∣siastical History.
The Election of Ministers shall be confirm'd by Prayers, and the Imposition of hands; nevertheless in avoiding all su∣perstition, according to the form which follows.
The manner of the Imposition of hands, commonly ob∣served in the Churches of France, in the Ordination of Ministers.
All abovesaid having been observ'd, two Pastors which for this purpose have been deputed by the Synod, or Colloque, to lay hands on him that is elected, being come to the appoin∣ted place; him of them that is to Pray, shall briefly treat of the Institution and Excellency of the Ministry, alledging the passages of Scripture most fitting to the occasion, as Eph. 4.11. Luk 10.16. Joh. 20.21. 1 Cor. 4.1, 2. 2 Cor. 5.18, 19, 20. 1 Tim. 1.2, &c. and others the like, exhorting each one to beware, to the end that as well the Minister as the People, discharge their Duty: The Minister discharging himself so much the more carefully of his Employment, as he knows 'tis precious and excellent in the sight of God; and the people receiving with all reverence the Word of God, which shall be delivered by him, which is sent unto them. Then shall be read in the presence of all what is written, 1 Tim 3. Tit. 1. and 1 Pet. 5. where the Apostle teaches what a Minister should be. And to the end God would be pleased to bestow his Grace on him which is Ordain'd, well
and faithfully to acquit himself, a short Prayer should be made to this effect, wherein the said Minister shall include these words, or others to the same effect: That thou woul∣dest be pleased, Oh God, to endow with the Gifts and Graces of thy Spirit, this thy Servant lawfully Elected, according to the Order established in thy Church, sup∣plying him abundantly with all Gifts necessary for well discharging his trust, to the Glory of thy Holy Name, the Edification of thy Church, and the Salvation of him who is now dedicated and consecrated by our Mi∣nistry. Then they shall lay their hands on his head: Him that Prays standing at the Chair, and him for whom he prays, on his knees; Prayer being ended, and the new Pastor standing up, the two Deputies of the Synod or Col∣loque, shall in presence of all the people give him the hand of fellowship; and let this Form, with the direction above∣said, be generally observed in all the Churches.
There are several Considerations to be made on this Article, and on the form which is above recited. In the first place, the Minister to whom it belongs to Preach, ought in his Sermon, to treat of the Institution and ex∣cellency of the Ministry, and of the duties of this weigh∣ty Office; whereupon we find a great many excellent passages in the Writings of the Ancient Fathers of the Church, and several holy reflections capable to infuse in∣to Pastors an ardent zeal, and a sincere affection, in per∣forming the several Duties of their Office. Not to speak of Gregory the First, having compos'd an intire Treatise to explain the Functions of this Excellent Office; and it is very probable that in the time of Ordination it was sig∣nify'd to those which were to receive it, whereunto the
conduct of souls which God committed to their charge, obliged them: The first Canon of the fourth Council of Carthage, insinuates it thus, having touched all the seve∣ral things about which he will have him examin'd which is to be establish'd in the Ministry, * 1.34 he adds, When he has receiv'd the Episcopacy in the Name of Jesus Christ, let him not follow his pleasures, nor the inclinations of his mind, but let him submit and acquiesce to these Decrees of the Fathers. And I make no doubt but what was practic'd in Africa in the time of this Council in the Ordination of Bishops, did tacitly warn them of their Duty; for we find in the second Canon, that two Bishops laid on his head the Book of the New Testament, and held it there during the whole action; we read almost the same thing in the Constituti∣ons under the Apostles Names, and in the Roman Pontifi∣cial, and in the XI. Chap. of the second Book of Duran∣dus his Rational, St. Chrysostom, or rather some one else in his name, teaches in the Homily, that there is but one Legislator of the Old and New Testament; he teaches, I say, that the reason wherefore this Ceremony was pra∣ctis'd in the Ordination of Bishops, was to mind them, that to be Rulers over others, they were subject never∣theless themselves to these Divine Laws, and oblig'd to ob∣serve its Commands. Moreover, it appears by all I have said, that the Author of the Book of Divine Offices, which is falsly attributed to Alcuin Tutor to Charlemaign, and to Amalarius Fortunatus, who liv'd in the time of Lewis le De∣bonair, it appears they were deceiv'd, when they said the former in the 37th. Chap. and the other in Chap. 14. of the Book of Fcclesiastical Offices, that this Ceremony which I have touched, was not countenanc'd by the au∣thority of the Ancients.
The second Consideration regards the Imposition of hands which the Apostles used in Establishing of Dea∣cons,
Acts 6.6. and in that of Pastors and Ministers un∣der the name of Elders, Acts 14.23. for the Greek word, which may be referr'd to the suffrages of the people, does commonly signifie the Imposition of Hands, whereof ex∣press mention is made, 1 Tim. 4.14. & 5.22. a Ceremony which the ancient Christians always practis'd in these Occasions: I should be over-tedious should I cite all the passages which confirm this truth; wherefore I shall on∣ly instance some places of Antiquity where mention is made of this imposition of hands. St. Cyprian makes mention of it in his 68 Epist. the last Edition; Cornelius Bishop of Rome in the same. St. Cyprian, Ep. 46. Euse∣in the 8, 23, and 43. of the sixth Book of his Ecclesia∣stical History, and in the 32. and 7. Book. St. Basil in the first Canon of his first Canonical Epistle to Amphilo∣kius, and in the 192. to the Priests of Nicopolis. The Great Council of Nice in the ninth Canon; that of An∣tioch in the 10. and 17. and the fourth of Carthage in the second. I pass in silence a great number of other passa∣ges, which favour the use of this Holy Ceremony, to observe, That in the very time when they added a great many other things to this Imposition of hands, yet it was nevertheless consider'd, as the chief of all the rest. In∣somuch that in the Theses that were maintain'd at Pa∣ris in the year 1633, June 7. it was taught, That in Or∣ders where Imposition of hands was us'd, it suffic'd, * 1.35 Ad valorem firmitatun{que} Sacramenti, which also is the judg∣ment of many Learned Divines, saith the Jesuit Sirniond; We are indeed of another opinion, for we do not believe that Orders is a Sacrament; but I have alledged this Ex∣ample to shew, that those it self which have accompa∣nied the Ordination of Pastors with several Ceremonies, which are not of the first nor purest Antiquity, do ne∣vertheless
give the chiefest place to the Imposition of hands.
The third thing observable is, That Prayer was joyn'd to the laying on of Hands; as appears by the passages in the Holy Scriptures cited in the foregoing Section, which was Religiously practis'd by those which succee∣ded those first Ministers of Jesus Christ; the second Ca∣non of the fourth Council of Carthage, represents to us one of its Bishops imploring the Blessing of God upon him on whom they laid their hands; St. Basil in his Morals saith, * 1.36 That that ought to be done, with Prayer and Supplications. St. Ambrose saith the same in his Book of the Dignity of Priesthood, and in the 60 Epist. Thence it is that the Deacon Hilary in the third Tome of the Works of the same St. Ambrose, expounding the 14 verse of the 4th. Chap. of the 1st to Tim. he looks on the Im∣position of hands, as so many mystical words, whereby him that is Ordain'd, is confirm'd for the work of the Ministry. * 1.37 St. Jerome saith positively on the 58th. Chap. of Isaiah, That Ordination is compleated not only by Prayer, but also by the laying on of hands. Theodoret in the 19th. Chap. of his Religious History, in the third Volume of his Works, Printed at Paris Anno 1642, Theodoret joyns these two actions together, to wit, Imposition of Hands, and Prayer; as things which should not be separated in the Ordination of Pastors. Twenty five years ago the Letters of Photius Patriarch of Constantinople- in the Ele∣venth Century, were Printed at London, and at the end of these Letters, five more of this same Patriarch were subjoyn'd, which were taken out of an ancient Ea∣stern Manuscript, in the fourth of which Letters, he declares that Hands were not impos'd on a Bishop, But to implore the Grace of the Holy Spirit which is needful for
a Minister. * 1.38 It is doubtless upon this account that the Council of Sarragosa in the year 592, Can. 9 calls this the Benediction; as also the fourth of Carthage, and the first of Barcelona, in the year 599. Can. 3. The Blessing of Consecration. The first of Orleans, Anno 511. Can. 10. speaks of the Benediction of the laying on of hands.
This third Consideration opens the way to us for a fourth, which regards the posture of him which is Con∣secrated, and of him which Consecrates. It may easily be observ'd from what has been said, that him which Consecrates is standing, and him which is Consecrated kneeling, otherwise it had been hard and almost impos∣sible to lay his hands on him, and to pray to God, holding them on his head, to the end he would be pleas'd libe∣rally to bestow on him the Gifts and Graces necessary, duly to discharge the Office wherewith he is honour'd. But were it so that the truth of this practice, which is very just, could not be gather'd from this Discourse, Theodoret gives us no cause to doubt of it; for he observes in the 15th. Chap. of the fourth Book of his Ecclesiasti∣cal History, that when there was need of appointing a Successor to Eusebius Bishop of Samosatia, the Synod of the Province cast their Eye on Antiochus his Nephew, and that after his Election he was led towards the Com∣munion Table, and there he was made to kneel down to receive the Imposition of Hands.
It remains now to say something of the Number of the Pastors which are to be present at this Holy Cere∣mony: The 4th Canon of the 1st Council of Nice, ap∣points this should be done by all the Bishops of the Pro∣vince; or if that cannot be, that there should be three at the least; the others, by their Letters, approving of the Ordination. The 19th of that of Antioch prescribes partly the same thing, that is to say, it declares, That
'twere to be wished that all the Bishops of the Province could be present; but when there is any hindrance, it doth not specify, as that of Nice, the number of those which ought to be present; it only saith, That 'tis requi∣site there should several be assisting, or that should con∣sent by their Letters. The 1st of the Canons attributed to the Apostles, requires, That a Bishop should be esta∣blish'd by two or three Bishops. Thence it is, that though according to the direction of most part of the Canons, Three Bishops were usually employed for the Ordaining a Pastor; nevertheless Examples are found different from this Custom.
Dioscorus Bishop of Alexandria was Ordain'd by two Bishops; * 1.39 nevertheless the Fathers of the Council of Calcedon acknowledg'd him for a Legitimate Bishop before his being depos'd, and frequently term'd him, the Most Reverend Bishop. * 1.40 Theodoret Writes, that Evagrius was Consecrated Bishop of Antioch by Paulin only, and by this means chose him his Successor before his death; yet this did not hinder, but Siricius, and Inno∣cent, * 1.41 the 1st Bishops of Rome, and almost all those of the West, esteemed him as a Lawful Minister. Anatolius, as Eusebius writes in his Ecclesiastical History, received the Imposition of Hands by Theoteckna Bishop of Caesaria, in Pal••stine, and in making him Bishop, made him also his Coadjutor, by reason of his great Age, it not appear∣ing that any other Bishop was present at this Ceremony, although it had been easie to have called others to it; it's true this hapned before the 1st Council of Nice; but besides that the other Examples we have alledged are after this Council, it needs only to read the 4th Chapter of the 5th Book of Theodoret's Ecclesiastical Hi∣story, where will be seen sundry. Instances, of Bishops being Ordain'd by laying on of Hands of one Minister,
to which may be added the 19th Chapter of his Religious History, and the 19th of the 8th Book of Zozomen's History, which makes mention of two several Ordina∣tions made, or ready to be done, without any great necessity, by one sole Bishop, a great while after this Council of Nice. It is not then to be thought strange, if our Discipline mentions but two, seeing also these two do represent the Synod or Colloque which deputed them, and that they do nothing but by virtue of the Power and Authority wherewith those Bodies has invest∣ed them; and that moreover one alone may suffice for a due Ordination, as we have just now proved. But before ending this matter, one difficulty which offers must be resolv'd, to wit, if Hands may be laid on two Ministers at once; for it sometimes happens in our Churches, that two are called together, and some are in doubt, and desire to know if one Minister can give them both Ordination at the same moment. To which I answer, That if one consider the Original of this Ce∣remony, and the Nature of the thing it self, one may safely agree to lay hands on two Ministers at once. As for the Original, and the Ceremony, every body knows it comes from Jesus Christ, or rather from the Patri∣archs, which practised it before their Children were Masters of Judea; and 'tis not to be doubted, but Jesus Christ and the Apostles derived this Custom thence when they us'd it. If it appears then that any of the Patriarchs blessed two persons at once, in putting one hand on the head of the one, and the other hand on the head of the other, it seems to me one is sufficiently Au∣thoris'd to give Imposition of Hands to two Ministers at the same time. Now to know if the Patriarchs did so, you need only read Genesis 48. where Jacob blessed the two Sons of Joseph purposely, setting his right hand on
the head of Ephraim which was the younger, and his lest on the head of Manasseh, which was the elder Bro∣ther.
But to remove all doubt and scruple, it needs only cast an eye, on the nature of the thing it self, that's to say, on the Prayer, which is indeed what is the essential part of these kind of Actions, the imposing of the hand or hands being only a bare exterior gesture, to design those for whom the Blessing of God is implor'd, that it may rest upon them, as one may so speak, much after the same way as the hands do stay on their heads; now no body does question, but that one may pray for two as well as for one; thence it is, that in Eusebius his Hi∣story there is mention made, * 1.42 to receive Prayers by the hand, to signifie, to receive the Blessing of God by Prayer, and the laying on of Hands; so that in effect, 'tis as if he had said, To receive the Blessing of God by Prayer, and the imposition of Hands, as he speaks in Chap. 1. Book 2. To conclude, The Ancients called this Ceremony, which they practised on sundry occa∣sions, * 1.43 I say, they called it, Prayers by the hand, or Prayers of the hand, or hands. Or as St. Austin explains him∣self in some of his Writings, The Prayer of Imposition of Hands.
Those which are Elected shall subscribe the Confession of Faith settled amongst us, and the Ecclesiastical Discipline, as well in the Churches where they are Ordain'd, as in those whither they may be sent.
The former part of this Article which regards the Confession of Faith, which those are to sign which are established in the Ministry of the Church, relates in the first place to what was practised in the Primitive Church, where when one received the Office of Bishop or Mini∣ster, one was absolutely obliged to subscribe to the Con∣fession of Faith of the Council of Nice, and by conse∣quence to what was determin'd in the three following Oecumenical Councils, touching the Divinity of the Holy Ghost, and touching the Person and two Natures of Jesus Christ. Secondly, It refers also to the mutual Letters which the New Bishops wrote to the others, to assure them they were of the same Communion, and that they had one and the same belief. See here a fa∣mous instance, and of the first▪ Antiquity, that is, of the 3d Century, whereof Eusebius has preserved us the me∣mory in his Ecclesiastical History, * 1.44 in his preserving the Letter which the Fathers of the Council of Antioch (where Paul of Samosatia was condemned) wrote to all the Churches. In this Letter, amongst other things, they give advice of the Ordination of Domnus into the Church of Antioch, instead of a Heretick which they had deposed; and they give this intimation, That one may write to Domnus which was the lawful Bishop, and that Communicatory Letters might be receiv'd from him. St. Cyprian, at the end of his 67th Letter to Pope Stephen, Let us know, saith he, who has been setled at Arles instead of Marcion, to the end we may know to whom to recommend our Brethren, and to whom to write. Theophilus, Bishop of Alex∣andria, advertises at the end of his 1st and 3d Paschal Letters, all the Bishops of Egypt, of the setling of new
Bishops instead of those which were dead, * 1.45 and says to them, Write to these, and receive from them, according to the custom of Pacisick and Ecclesiastical Letters.
As for Ecclesiastical Discipline, there are a great many Rules which oblige those of the Clergy to observe the Canons, whereof the Discipline of the Ancient Chri∣stians was made; so that neither Bishop, nor Priest, nor Deacon, was admitted, who had not first submitted to these Laws, and who did not acknowledg in submitting to them, that 'twas by them he was to conduct the Souls which were committed to his care. I should be too prolix to mention all the passages of Antiquity where Ecclesiasticks are enjoyn'd to the practise of the Disci∣pline, and observing of the Canons; it shall suffice to mention some, to justfy a Truth acknowledged by all those which have applied themselves to the Reading the Works of Ancient Doctors, and especially of the Coun∣cils; * 1.46 That of Carthage, An. Dom. 419. Appoints those who are to impose hands on a Bishop, or to any other Clergy Man, to let them know first of all the Decrees of the Synods, that so they might have no cause to repent of having done any thing contrary to the Statutes of the Council. Pope Celestin, about the same time, thus begins his Letter to the Bishops of Poulia, and Calabria, which is the third in Course; * 1.47 That if it be not permitted to any Priest nor Prelate to be ignorant of the Canons, nor to do any thing contrary to the Constitutions of the Fathers; for what is it may be worthy of our care, if giving too great a latitude to the People, at the desire of some persons, the Rule of the Ca∣nons is infring'd.
The first Canon of the Council of Calcedon, requires that one observe all the Canons had been made till then in the Synods; * 1.48 the 33d of the 3d Council of Orleans, in the year 538, and the 6th of the 4th, of the year
541. with several others which I pass over in silence, do enjoyn the same thing. The Fathers stop not there; for not content to have recommended to the Clergy the observation of the Canons, which also they have formally requir'd of them at the very moment of their Consecration, it is in this manner the Fathers of the 4th Council of Toledo have explain'd themselves in Canon 27. Anno Dom. 633. for they oblige the Priests and Deacons established in Parishes, * 1.49 to promise the Bishop to live Chast, and Holily, and Religiously to observe the Laws and Discipline of the Church; the 10th Canon of the 11th Council of the same place, assembled in the year of Christ, obliges all those which take on them. Holy Orders, to keep the Catholick Faith, and wholy to be subject to Canonical Rules; and that it should not be thought 'twas only Priests and Deacons which were obliged to the strict observing the Canons and Ecclesi∣astical Laws; the Council of Merida in Portugal, * 1.50 ex∣tended this obligation to Bishops also, and to Metropo∣litans in the 4th Canon, Anno Dom. 666.
Ministers shall not be ordain'd without assigning them a par∣ticular Flock, and shall be fit for the Flocks which shall be as∣sign'd them; and one Church cannot pretend a right to a Mi∣nister by vertue of a particular promise made by him, without Approbation of the Colloque or Provincial Synod.
The Council of Calcedon made a considerable Decree on this Subject, which is to be seen in the 6th of its Ca∣nons, where the Synod forbids to receive Priest nor
Deacon, nor any Ecclesiastical Person whatever, with∣out assigning them a Flock; that is to say, without a Ti∣tle, to speak after the manner of the Writers of these times; it makes void all Ordinations which is not made in the manner it prescribes, and suspends the Ministry of those which have been establish'd in any other manner; by this means to correct the boldness of the Ordainers. But rightly to understand the sense of the Canon, it must be observ'd that the Council calls absolute Ordination, an Ordination which obliges not to any certain place; it is what the Greek terms import, used by him, which amounts just to what we say, to Elect without assigning a certain Flock. See here the terms of the Canon; You must not lay hands on any body, neither Priest nor Deacon, nor on any in Ecclesiastical Orders, unless him that is to receive Ordina∣tion has been before published and named in some Church in the City or Country, or in some Martyrs Chappel, or in some Mo∣nastry; and as for those who are absolutely establish'd, the Sy∣nod appoints, that the imposition of hands be null, and that those which received it, cannot serve in the Church; which shall reflect on those which had done it.
France caused the Execution of this Decree to be de∣manded of the Council of Trent, * 1.51 as we find by the Me∣moirs of Mr. Du Puy; and we have seen in the 4th Ar∣ticle, what the Emperor Alexander Severus said of this practice of Christians, which he mightily approved.
The Council of Valentia in Spain, prescribes almost the same thing with that of Calcedon, in the Year 524. in the 4th Canon. * 1.52 That none of the holy Bishops do ordain any body, until he first promises to six in one place, to the end, that by this means men should not have liberty to shun the Rules of Ecclesiastical Discipline. Pope John the VIII. in a Synod of 130 Bishops, made this Decree; Him that thinks fit to establish a Priest, let him assign him a Church,
where he may still reside, serving the Lord. Atto, Bishop of Verceill, who lived in the Xth Century, cites the Canon of the Council of Calcedon in his Capitulary, chap. 30. and in his 31st he saith, * 1.53 Churches ought to be built in Con∣venient places, consecrate them by Prayers, and settle Pastors in each of them.
However, These Decrees hinder'd not, but there were some Persons Ordain'd and Establish'd in the Ministry of the Church, without being ingag'd to any particular Flock; as Paulinus, who afterwards was Bishop of Nole in Italy; St. Jerom, and the Frier Macedonius, they were made Priests without assigning them Flocks; but this doth not prejudice what hath been said; for the two for∣mer accepted only the Employ, wherein 'twas desir'd to ingage them, only on this Condition, as appears by the 6th Epist of Paulinus to Severus, by the 45th to Alipius, and by the 61st of St. Jerom, chap. 10. As for Macedo∣nius, something of constraint was us'd in regard of him, if we credit Theodoret in the 13th Chapter of his Religi∣ous History. To these Examples may be added that of the Friers Barses and Eulogius, who by report of Zozomen, were made Bishops for Honour sake only, without assign∣ing them any Church; however, Barses in time was made Bishop of Edessa, and Enlogius succeeded him.
Those who are Ordained into the Ministry, are to understand they are enter'd into it for their whole life, if they are not law∣fully dismissed for good Considerations, and that by the Pro∣vincial Synod.
The 7th Canon of the Council of Calcedon, forbids those that have been once admitted into the Clergy, to bear Arms, or to exercise any worldly Dignity: that is, The Synod requires that they should always abide in the Pro∣fession they have taken upon them, and that they should not forsake the Ministry of the Church. Rusticus, Bishop of Narbona, having writ to Pope Leo the Ist, That he was so moved with the Scandals which daily hapned, that he could wish to be freed from the Episcopal Office, to lead a more tranquile and quiet life; the Pope answering the Bishops Letter, * 1.54 intimated to him, That he could not with a safe Conscience forsake the Office he had under∣taken, nor flinch from the Employment committed to his trust. It is in this same Sense that Pope Felix the IV. Ann. Dom. 528. wrote to Caesarius, Bishop of Arles, That the Establishment of Church-Guides ought to be firm, and immutable. * 1.55 In the Year 895. there was a Council held at Tribury, near Mayence, compos'd of 22 Bishops, which in the 17th Canon renew'd that of Calcedon, which we above cited, and which anathematiz'd those of the Clergy which did not repent of having left their Cures, and which did not return to them. Pope Calixtus the II. assembled a Council at Tholouza, the Canons whereof are inserted in the 18th Chapter of Monsieur De Marca's 8th Book, De Concordia Imperii & Sacerdotii. The 10th of these Canons Excommunicates the Clergy we speak of, until they have repented of their prevarication. A great while before, * 1.56 to wit, in the Vth Century, and before the assembling of the Council of Calcedon, St. Cyril of Alexandria complains of this Abuse in his Canonical Epi∣stle; There is, saith he, another thing which doth not agree
with the Decrees of the Church, which is, That there are Priests which present Renunciations by writing; for if they are worthy to exercise the holy Ministry, they must reside on it; and if they are not worthy, they do not leave it for their Resig∣nation, but because their own Deeds condemn them. Thence it is, that Loup, Abbot of Ferriers in Gattinois, said in the IXth Century, That as nothing but Adultery could dis∣solve carnal Wedlock, so also it is not permitted to lay aside the Pastoral Charge once received, * 1.57 whilst one may contribute to the good of the Flock.
Nevertheless, there are sundry Examples of those which in divers times, and in divers places, have for qui∣etness sake renounced the Ministry; that is, they have forborn exercising the Functions, and exercising the Of∣fice of a Bishop: thus was was it done by Eustathius, * 1.58 Metropolitan of Pamphilia, to whom the Oecumenical Council of-Ephesus, in the year 431. preserv'd the Name, Honour, and Communion of a Bishop. Martirius, Bi∣shop of Antioch, withdrew himself by reason of the Extra∣vagance of his Clergy, the Disobedience of his People, and the Corruptions of his Church; but in preserving to him∣self the Honour and Dignity of the Ministry, as Theo∣dorus Lector writes in his Ecclesiastical History. * 1.59 In the next Age there hapned almost the same thing to Paul, Bishop of the same City of Antioch, in the VIth Century: and in the very Infancy of Religion, St. Clement, * 1.60 Disciple of the Apostles, advised Pastors, whose Churches were not well satisfied with them, he counsell'd them to go elsewhere, and to acquiesce to the desire of the People, assuring them to obtain a great degree of glory in Christ Jesus; adding, * 1.61 That those who have lived according to the Rule God has prescrib'd, has always, and will ever do after this manner, because they ought to desire nothing more than the Peace and Edification of the Churches.
Pope Innocent the IIId, in the 1st Book of Decretals, tit. 9. cap. 10. Nisi cum pridem, proposes sundry Rea∣sons wherefore it may be permitted to renounce the Con∣duct of a Flock; for instance, The reproach our Con∣sciences makes us of some Crime, infirmity of Body, want of Knowledg, the wickedness of the People, some grievous Scandal, or some personal Irregularity; these are the Reasons for which this Pope thought one might desire to be discharg'd from the Ministry of the Church.
The Office of Ministers is principally to Preach, and declare the Word of God to their People; and they shall be desir'd to abstain from teaching in any strange way, not tending to Edifi∣cation, and conforming to the Simplicity, and ordinary Stile of God's Spirit, taking heed there may be nothing in their Sermons which might bring any prejudice to the Honour and Authority of the Holy Scriptures. They shall not Preach with∣out chusing for the Subject-matter of their Discourse, some Text of the Bible, which they shall keep close to; and their Text they shall take, and explain the best they can, avoiding all unnecessary Amplifications, tedious and needless Digres∣sions, of many Passages of Scripture, not pertinent to the matter in hand; and of reciting various Expositions. They shall be moderate in alledging the Writings of Ancient Doctors, and much less Prophane Authors, and Histories. They shall not deliver their Doctrine in Scholastick manner, nor inter∣mix with strange Languages. To conclude, Let them avoid every thing that may tend to Ostentation, or any way give Occasion to suspect it; to which the Consistories, Colloques and Synods, shall take special heed.
The Preaching of the Word being the principal duty of the Holy Ministry, the Compilers of our Discipline have taken particular care exactly to prescribe to Mini∣sters the Subject and Manner of doing it; these are the two things contain'd in this great Article; As to what regards the Subject of their Sermons, it must always be taken in the Holy Scripture; The Council of Laodicea calls it, The Dispensation of the Word of Faith, * 1.62 and of the right and true Word; and it is with regard hereunto, * 1.63 that of Carthage, Ann. 398. appoints in the 20th Canon, That the Bishop should apply himself only to Reading, Prayer, and Preaching of the Word of God. The Council of Tolledo, assembled in the Year of our Lord 675. employs the 2d of its Canons to prescribe to Pastors their Duty, saying, They should always have in their mouth the Sword of Truth, be powerful in exhorting by holy Doctrine, and to convince Gainsayers; and not to turn aside from read∣ing the Holy Scriptures, seeing they have received the Office of Preachers: And having observ'd that the dumb Minister is not fit to instruct his Flock, The Assembly declares, That the true Pastor ought to find out those who are under his care, either to instruct them without arrogance, if they are ignorant; * 1.64 or to rejoice with them for the progress they have made in the knowledge of the Mysteries of their Salvation. The Council of Reims, in the Year of our Lord 813. enjoins Bishops and Pastors in the 14th Canon, To preach the Word of God to all the World. The VIth of Arles, in the same year, requires that all the business of Bishops should be Instruction, and Preaching, because Ignorance is the Mother of all Errors; and that the Word of God should be taught, not only in
Cities, but also in the Parishes. In the Year 858. Her∣rald, Bishop of Tours, made a Capitulary, taken out of Ancient Canons, in the 9th of which he appoints, That Priests should preach to all the Faithful, * 1.65 the Doctrines of Faith, the Incarnation of Jesus Christ, his Death, Resurre∣ction, his Ascension, the Gift of the Holy Ghost, and the Re∣mission of Sins. To all which may be added the 58th Ca∣non of the Apostles.
If after the Decrees of Councils, we consult the An∣cient Doctors, they will also testify, that Ministers are particularly called to Preach the Gospel, and to declare to their Hearers the word of Truth; My Sheep, said to this purpose Gregory Nazianzen, * 1.66 My Sheep hear my voice; that is to say, that which I have received from the Divine Oracles, which I have preached ever after one manner throughout the whole course of my life, without com∣plying with the Times, and which I will never forbear to preach; * 1.67 and St. Jerom in his 3d Book of Commenta∣ries upon the 16th Chapter of Jeremiah, saith, It is the Du∣ty of Pastors to teach; it is what the putting the Bible on their head at their Ordination should put them in mind of.
This will appear yet more plainly, if after having con∣sider'd the Subject and Argument of Ministers Preaching the Gospel, we also examine the Matter, which accord∣ing to our Discipline, should be plain, conformable to the Scripture, fit to Edify, free from intricate School∣questions, and from all Ostentation. Let us now inquire if the Ancient Christians did otherwise. The Council of Carthage, * 1.68 in the Year 398. which we have often cited, desires in the 1st Canon, That the Doctrines of Faith should be taught with simplicity. Origen in his 16th Homi∣ly upon Leviticus, desires the Word may be preached to purpose, and that one should accommodate himself to the
Capacity of each person in giving Milk to some, and strong Meat to others; and in the 7th Hom. upon Joshua, * 1.69 he ad∣vises to shun the beauty, pomp, and ornament of Rhetorical Philosophers, Poets, and Writers of the Age, of whom Valentine, Basilides, and Marcian, learn'd their Heresies: In the 9th Book of his Commentaries on the 12th Chap. of the Epistle to the Romans, he saith, So much care must not be taken to please the Hearers, as to work on their Affections, and to inspire into them the love of Vertue; observing on this occasion, that it often hap∣pens, that the most Eloquent and sublime Preachers, only tickle the Ears with pleasing words of humane Learning, but do not work on the heart; whereas many times those which study plainess, and preach without af∣fectation, convert many to the Faith, humble the Proud, and bring Sinners to repentance.
St. Busil in his Morals, saith several things which agree very well with the Article, whose conformity we seek to find with the ancient Discipline of the Primitive Christians: For Example, * 1.70 That one must not teach other∣wise than we have learned in the Gospel; that we must preach all things our Saviour has prescrib'd to us in the Gospel, and by the Ministry of his Apostles, and all things conformable to them; That those to whom the preaching of the Gospel is com∣mitted, should not conceal any thing which is pleasing to God, fearing lest they should render them elves guilty of the death of those which perish; That the Word of God must not be preach'd for Ostentation, nor flatter those which hear it, the more to serve our own Pleasure or Conveniencies; but act as if we spoke for the glory of God in his presence; and that to preach the Gospel one must not make use of any Prerogatives or Ad∣vantages that should advance us above others, fearing lest the grace of God should be frustrated thereby. There can nothing in the World be seen more conformable to our Discipline.
In the main, all I have said on this Article is grounded on the Precepts and Example of St. Paul; I say on his Precepts, * 1.71 Hold fast, saith he to Timothy, the form of sound words which thou hast heard of me, in faith and love, which is in Christ Jesus. Of these things put them in remembrance; charging them before the Lord, that they strive not about words to no profit, but to the subverting of the hearers. Preach the word, * 1.72 be instant in season, out of season; reprove, rebuke, exhort, with all long-suffering and doctrine, repro∣ving those who having itching ears, make teachers after their own minds. * 1.73 I say in the next place, according to his Example; for he declares, That Jesus Christ sent him not to Baptize, but to Preach; not with wisdom of Words, nor with excellence of Speech; and that his Preaching was not in flattering words of humane Wis∣dom.
The Churches are warned more frequently to use Catechi∣sing, and Ministers to treat and Expound it by succinct Que∣stions and Answers, simple and familiar, accommodating themselves to the Peoples capacity, without entring into long Common-place Discourses: It is also the duty of Ministers to Catechise each one of their Flock, once or twice a year, and to exhort every one to come diligently to be Catechised.
The Instruction of the People being the End which Jesus Christ proposed in establishing the Ministry of the Word, it is worthy the prudence of those which are cal∣led to teach others, to begin by those things which are the chiefest Essentials of Religion, and which are the
easiest to be understood, as are the fundamental Points of Religion; the Summary whereof we have contain'd in the Apostles Creed: therefore it was that in the Primi∣tive Church, Catechisms were instituted, wherein was familiarly explained to the Catechumeny, the Doctrines of Heaven, the knowledge whereof is necessary to Salva∣tion, and without which they could not receive the be∣nefit of Baptism. Of this kind, for instance, are the Ca∣techisms of St. Cyril of Jerusalem, wherein he explains the Articles of the Creed proportionable to the Capacity of those whom he instructed, to put them into a state fit to receive Baptism, and to be plung'd in the Mystical Wa∣ters of this Sacrament of our Regeneration. But to as∣cend higher than St. Cyril; * 1.74 from the very first beginning of Christian Religion, there were publick Schools at Alexandria, and places appointed for this Exercise, and where the rudiments of Faith was taught; or, as the Apo∣stle speaks, The rudiments of the first beginning of the word of God. In the 2d Century, Pantenus, an Eminent Philo∣pher, kept this School, and then exercis'd the Office of Catechist: Clement of Alexandria succeeded him, and he had Origen for his Successor, aged but 18. years. Origen left the Conduct of this School to Heraclas, and Heraclas to Dennis; and these two last were successively Bishops of Alexandria. The Authors of our Discipline had there∣fore good reason to exhort the Churches to have frequent Catechising, which is of great benefit, and singular edifi∣cation.
Ministers, with their Families, shall actually reside in their Churches, or Parishes, under pain of being depos'd from their Office.
In the first Ages, Pastors were so full of zeal for the Glory of God, and so industrious for the Edification of their Flock, that 'twas superfluous to exhort them to Re∣sidence, seeing they had no other thoughts but to do it in the places assigned to their care, and where the Fami∣lies lived which were committed to their conduct; nei∣ther do we find in those times any Canons which enjoyn them to this Residence, because they themselves of their own free will were inclin'd to do it; and that 'twas not heard of that a Pastor did not dwell in the midst of the Flock to whom he owed his care and pre∣sence. * 1.75 St. Cyprian complained of certain Bishops which incumbring themselves with secular affairs, abandoned their Churches, and the care of that holy administrati∣on whereof they were to render an account to our Sa∣viour: And in his 56 Epistle to those of Thibari, he shew∣eth, that in the present conjuncture, he could not safely leave his Church, and the People God had committed to his Charge.
St. Ambrose sufficiently testifies that he was really persuaded of the necessity of Residence, when he wrote to the Emperor Theodosius, that if the dread he had of the Tyrant Eugenius had oblig'd him to quit Millan for a little time, yet he returned thither as soon as the storm was past over; * 1.76 I hastned, saith he, to return as soon as ever I heard that him whose presence I thought I was bound to shun, was gone: for I forsook not the Church of Millan, which the Providence of God committed to my care; but I desir'd not to see him that made himself guilty of Sacriledg. He speaks of Eugenius, who usurped the Empire after having cruelly put to death the Emperor Valentinian the
younger. This holy Doctor elsewhere represents the damages occasioned to the Church by the absence of its Pastor, especially when he observes the People omit fre∣quenting the Holy Exercises, and not only the People, but also the Clergy themselves become more remiss in things of Piety and Religion. St. Austin declares plainly in the 138 and 227 Epistles, that he never forsook his Church but upon indispensible necessity.
In a request presented by some Friers to the Emperors Theodosius the Younger, and Valentinian the Third, a∣gainst Nestorius, they accuse him amongst other things, That for the executing his outrages, he employed foreign Clerks which he made come from other parts, that is to say, other Clergy besides his own: * 1.77 Altho according to the Ecclesiastical Canons, say they, they are not permitted to live in another Diocess, or in another Church, but only in those places and Cities where they received Ordination by the Impo∣sition of hands, there to reside peaceably.
It is not easie to affirm with certainty, if the Ca∣nons whereof they speak were reduced into writing, or rather if they were not customs and uses setled in the Churches by long practice; for this term of Canon or Rule, has sometimes this signification in the writings of the Ancients; and what induces me to think so, is, That till the Fifth Century, when this request was presented, it was not very needful to make Canons to oblige Pastors to reside in their Churches, if it be not that one may ap∣ply to this Residence the Canons which prohibit the Translation of Bishops from one place to another, where∣of we shall treat hereafter.
I know very well, that the Council of Sardis had in the year 347, made some Decrees which in some fort regarded Residence; but besides that these Canons were not much known in the East, they were not properly
made for establishing of Residence, nor precisely to ob∣lige Bishops thereunto, but only to inform them in pre∣supposing it as an indispensible Obligation, in what occa∣sions, and for what time they were permitted lawfully to be absent from their Churches; in effect, in the eighth Canon, the Fathers of Sardis allow Bishops may go to Court if the Emperor send for them, or if the protecti∣on and defence of the Poor, of Widows, and Orphans oblige them to it: It is true, that in the ninth and tenth Canons they restrain the permission granted in the for∣mer, and do not permit Bishops to go themselves to Court, but when they are called by the Prince; never∣theless they agree they may send one of their Deacons to obtain some favour in behalf of distressed persons; but they consent to it upon prudent and judicious reasons, and which are to be lookt upon as necessary precautions against the ambition of Bishops, to whom the same Coun∣cil positively forbid, * 1.78 To be absent from their Churches a∣bove three Weeks, unless some pressing necessity constrain them to it.
When under the second Branch of our Kings, the Prince cast his eye on any Bishop to make him his Arch-Chaplain, he was forced to demand leave of the Synod and Pope, * 1.79 the Bishops of Rome having already got great power in France; I say he was forced in some sort to de∣sire their leave to get him away from his Church, to have him near his person, because every body was then per∣swaded that Pastors were bound in Conscience to make their Residence in the midst of their Flocks.
I believe Plurality of Livings, as is spoken at this time, has given a mortal blow to the case of Residency, and has by this means introduced ignorance into the Church, and together with Ignorance, Superstition, which is the Daughter of Ignorance; this wicked custom was a long
while unknown amongst Christians, seeing the first Ca∣non which formally condemns it, is, if my memory fail not, the fifth of the sixteen Council of Toledo, assembled the year of our Lord 693. I confess that the tenth of the Council of Galcedon forbids Clerks to inrole themselves in two Churches at once; but that of Toledo is formal on the matter I examin, That there be not granted to one Priest several Churches, because he cannot do service in all, nor help the People in the Priestly Functions. Since that time, this sort of prohibitions have been frequent in the West, as may be easily made appear, were this the place to do it; it shall suffice to alledg at present, the demand which Charles the Ninth caused to be made by his Am∣bassadors at the Council of Trent, That but one Bene∣fice be conferr'd on one person, in taking away as to what regards Plurality, the difference of Benefices, Compa∣tibles, or Incompatibles, because this distinction which is new, and unknown to ancient Decrees, has also occa∣sion'd great Evils to the Catholick Church, and that Re∣gular Benefices be given to Regulars, and Secular ones to Seculars, and that for those which at present enjoy two or more, either that they hold only that which they shall make choice of in a little time, or that they suffer the punishments inflicted by the ancient Canons.
However it be, zeal being grown cold, and Pastors abating in the care they formerly took in the Edification and Salvation of those committed to their charge, there was an absolute necessity of making Laws to enjoyn Residence; whereas formerly, they did it of their own free-will and inclination, to discharge their Consciences of the Duties of their calling. Pope Eugenius the Second, seeing in the Ninth Century they dispensed themselves from dwelling with their flock, * 1.80 made a Decree in a Synod held at Rome, having this Title, That Bishops do
not live out of their Diocesses; the Canon is conceiv'd in these terms, Bishops should keep always at their Churches, to labour with Piety for their edification, because the absence of the Bishop many times becomes the misfortune of the People: And in the following Canon he will have Cloisters built near the Churches for the Dwellings of inferior Clerks, to the end they may give attendance to the study of Ec∣clesiastical Discipline. The Council of Meaux Anno 845, * 1.81 made another Ordinance much like it, That Priests be not suffer'd to lodg abroad where they list, but that they keep always at their Churches, by reason of Divine Myste∣ries, and to yield to Litanies the services they owe to them; and that they have not liberty to dwell elsewhere.
After abuses had in this regard crept into the Church, it cannot be doubted but many Settlements were made to restore things to the ancient Model, and to shew the necessity and importance of it, because in truth the Ob∣ligation of Residency is greater than most people are aware of, seeing that Pastors are obliged wholly to their Flocks, and all the parts of their Ministry is destin'd for them: Nevertheless whatever Decrees have been made to establish the ancient Discipline, it could not be prevented, but in these latter ages an extream negligence has succeeded in the practice of so holy and sacred a cu∣stom; therefore in the days of our forefathers, the que∣stion of Non-residence was debated with much heat in the Council of Trent, * 1.82 insomuch that the Spanish Prelates were so stiff, that they declared it was Jure Divino, of Divine Institution; which alarm'd the Legates, and gave a furious shock also to the Court of Rome; for 'twas foreseen if this Article should pass, a part of the Pope's Authority should be retrenched, the Plurality of Bene∣fices, which has occasioned so great mischief in the Church, should be abolished, and the Cardinals should
be depriv'd of that which supported the splendor of their Purple Robes, in depriving them of Benefices for Non-residence; but means were found to allay these heats, and to compose matters to the satisfaction of the Bishop of Rome, and his Court: However this same Council in the 24th. Session, and in the Decree of Re∣formation, seems to have prescribed some remedy to the evil which arises by Non-residence, but it did it in such a manner, as it left the door open to the abuse, which far from diminishing, has increased more and more.
But that there may not be any contest on occasion of our Discipline, enjoyning Ministers and their Families, to make actual residence in their Churches, that is, with their Wives and Children, as if the Ancient Bi∣shops were never Married, and as though they never lived in their Churches with their Families; it's necessa∣ry to justify our Practise by some Examples: The first shall be that of the venerable old Cheremon, Bishop of Nile in Egypt; for Eusebius mentions in the 42d Chapter of the 6th Book of his Ecclesiastical History, That when the Persecution of Decius raged, he retired into a Mountain with his Wife, who never forsook him: And in the 9th Chapter of the 8th Book, he makes mention of Phileas Bishop of Thmuis in Thebaide, who suffer'd Martyrdom under Dioclesian, although the Judge which condemn'd him, did what he could possible to make him renounce Jesus Christ, in exhorting him especially to have pity of his Wife and Children. Spyridion, Bishop of Trimythunte in the Isle of Cyprus, in the days of the Emperor Constantine, liv'd in his Church with his Wife and Children, as is witnessed by Zozomen; * 1.83 It's only needful to Read the 22d Chapter of the 5th Book of Socrates his Ecclesiastical History, to see sundry Examples of Bishops that were Married and liv'd with
their Wives. It cannot be doubted but Synesius did so, seeing he accepted not the Bishoprick of Ptolemais but on those terms, as he himself tells us in his Hundred and fifth Letter: And 'tis very likely the greatest num∣ber of the Eastern Bishops lived in their Churches with their Wives and Children until the end of the 7th Cen∣tury; That the 6th Council appointed that they should put away their Wives, and that they should no longer cohabit with them, Can. 12. which they were ever permitted to do before this Decree, according to the remark of the Frier Blastares in Syntagm. Alphab. Litt. G. Cap. 16, & 17. Besides that, in this same Canon the Fathers acknowledg'd, that there were several Bishops in Lybia, in Africa, and elsewhere, that lived with their Wives; which agreed very well with the 5th Ca∣non, called the Apostles, which forbids Bishops, Priests, and Deacons, under pain of Suspension, and even of De∣posing, to separate from their Wives, under pretext of Religion.
Those to whom God has given the talent of writing, are admonish'd to do it in a modest way, and befitting the Maje∣sty of Heaven, and consequently not to write in a ridiculous and injurious manner; the which gravity and modesty they shall also observe in their usual Sermons. Those who have received the gift of Writing shall be chosen by the Provinces; and if it happens any Book be Publish'd against the Orthodox Religion, it shall be sent to them that they may answer it, a Colloque being deputed in each Province to inspect what shall be Writ and Publish'd, to dispose of the Copies as shall be thought fit.
There was never greater Liberty of Writing than in the first Ages of the Church, at which time every body writ in the manner which he thought best and most con∣venient, without being obliged to communicate his Works to any to be Examin'd for their Approbation; nevertheless, seeing there has been at all times amongst Christians, some Bishops and Pastors fitter for this pur∣pose than others, such were for the most part employ'd for the defence of the Truth against Schismaticks and Hereticks. It was for this Cause that the Book of Phaebadius or Phaegadius, Bishop of Agen in Guien, written against the Arrians of the East and West, holds the Degree of the Epistle of a Council of Vaison, of the Year 358. * 1.84 and bears the Name in the Supplement of the Coun∣cils of France. St. Austin even to his Death, was the Pen of Africa against the Enemies of the Church, par∣ticularly against the Donatists and Pelagians; and St. Ful∣gentius, in the following Age, succeeded him in a manner, in the same Office, especially during the time that above Sixty African Bishops, of which Number he was one, was Exil'd into the Isle of Sardeg∣nia; for although he was the youngest of them all, the Author of his Life does observe, that he was the Mouth and Spirit: And it may yet be said of these two famous Writers, That they exactly observed the Mode∣sty, Sobriety, and Decorum prescribed by our Disci∣pline, to all those who put Pen to Paper for the Defence and Vindication of Truth; Examples which should be carefully imitated; and in the mean time, condemn the rashness of Agobard Bishop of Lyons, who Writing in the 9th Century against Amalarius Fortunatus, cruelly
rails against him; and much more that of Lucifer, Bi∣shop of Caillari, against the Emperor Constantius, in the Library of the Fathers, Tom. 9. of the Edition of Paris, 1644.
Ministers should not pretend Precedency one over the other.
S. Jerom informs us in in his Commentaries upon the Epistle to Titus, and in his Letter to Evagrius, That at the beginning of Christianity, the Churches were Go∣vern'd by the joynt advice of the Priests, or Elders, and this form of Government lasted, until that by the instinct of the Devil, there arose Parties in Religion, saith the same St. Jerom; for then recourse must be had to Ele∣ction; so that to avoid Schisms and Divisions, one of the Company was chose, to whom Election gave the pre∣cedency to all the rest; whereas before, it was the time of promotion, as is testified by the Deacon Hillary, in his Commentaries upon the 4th Chapter of the Epistle to the Ephesians, amongst the Works of St. Ambrose; for he saith, That at first, the Priests were called Bishops, and that the one being Dead, the other Succeeded; that is to say, That it was granted to the Ancientest Priest in promo∣tion, to bear the first rank or place; this primacy, being a primacy of Order, and not of Power and Authority over others, the only primacy forbidden by our Disci∣pline; in effect, the first admitted, held the first place in the Pesbytery, just as the Dean amongst Councellors of Parliament, or as the Dean of Prebends in a Chapter.
From hence it is also, that after the Establishing of the Hierarchy in the Church, Equality was still ob∣served amongst the Clergy, except 'twas in the Power of Metropolitans over the Bishops of their Provinces; and also it was a very limitted Power, seeing it consist∣ed only in the right of calling the Synods of their Pro∣vinces to preside, and to take notice of all Ecclesiasti∣cal matters which passed in the compass of their District only; but could not decide, nor determin, without the consent of their Suffragans, after the manner of speak∣ing at this time. As for all the rest, they had no kind of prerogative, but the Order, according to the time of their Reception, the which is punctually observ'd amongst us; and accordingly, St. Austin finds it strange, that in the Letter which the Primate of Numidia writ to his Brother Bishops to Assemble them in a Synod, I say, he thinks it strange, to see himself named the third in it, knowing that there were several others before him, which, saith he, is injurious to others, and exposes me to envy. * 1.85 And in the Life of St. Fulgentius, Bishop of Rusp in Africa, which the Jesuit Chifflet caus'd to be Printed at Dijon, An. Dom. 1649. with the Works of the Dea∣con Forran, it is observed Chap. 20. That in the Assem∣blies of Exil'd Bishops in Sardignia, he was seated lowest of all, although he was the most considerable in Worth and Value, because he had been last of all Or∣dain'd to be Bishop. * 1.86 The 86th Canon of the African Code so appoints it; the 24th of the first Council of Prague, in the Year 563. Ordains the same thing; as also the 3d of the 4th Council of Toledo, in the Year 633. and the 112th Letter of Gregory I. his 7th Book; to which we may add the 6th Letter of Hincmar, Chap. 16. in the 16th Tome, of the Library of the Fathers, * 1.87 Page 408. It is the Reason that in Africa, one was en∣joyn'd
to observe the precise day of Promotion, and the Consulat. African Code, Can. 89. which is the 14th of Mileva. Theodore Archbishop of Canterbury held a Synod Anno 679. the 8th Canon whereof is conceiv'd in these terms, * 1.88 Let no Bishop prefer himself before ano∣ther through ambition; but let every one know the Time and Order of their Ordination.
Ministers shall preside in Order in their Consistories, to the end that none might pretend superiority over each other; and none of them shall give testimony of any matter of importance, until they have first communicated it to the Ministers, his Brethren and Companions.
This Article is only a continuance of the former; for if there is to be an Equality amongst Ministers, so that they cannot pretend superiority one above the other; it is just that when there are several in one Church, that they should preside every one in his Turn and Rank in the Consistory, and that none of them should do any thing of his own head, without taking along the advice of his Brethren, and even of all those who have share in the conduct of the Flock, especially when there is question of any thing of importance.
Heed shall be taken to avoid the Custom practis'd in some places, of deputing certain Ministers, by the Provincial Sy∣nods, to visit Churches; the Order hitherto used being suffi∣cient
to have cognisance of abuses: And this new sort of Offices and Degrees are condemn'd, and look'd upon to be of dangerous consequence; as also are to be rejected all Titles of Superiority, as Ancients of Synods, Superintendents, and others of like nature. The Advertisements for Assembling Colloquies and Synods, or any thing relating thereunto, shall be addressed to a Church, and not to a private Minister, or other particular Member of it; if they should happen to be directed to one of the Ministers or Elders, for some conside∣rations, those which shall receive them, shall carry them to the Consistory, to advise and deliberate of them.
There is nothing in this Discipline which is not in∣tirely agreeable to the Primitive, according to which every Bishop was only obliged to visit his Diocess once a Year; but he was not permitted to visit any other but his own: I say, in the first place, he was obliged to visit his Diocess, as may easily be proved by a great many Canons, the 8th of the Council of Tarragona, in the Year 517. is formal in it; * 1.89 We appoint by this Consti∣tution, That the Ancient Ʋse be observ'd; and that each Bishop visit the Churches of his Diocess. The 35th of the 4th of Toledo, in the Year 633. renewed this Decree, with this Clause, That if the Bishop were sick, or employed elsewhere, he should cause the Visitation to be made by some of his Priests or Deacons: This restriction opened the door to the negligence of Pastors, which did that by others, which they should have done themselves; where∣as had the Canon of Tarragona been lest in its force, and without bringing any qualification to it, the Bishops would not have failed punctually to have observed it. Nevertheless, the Council of Trent, in the 24th Session,
Chap. 3. of Reformation, made no difficulty to follow the mitigation of the Council of Tolledo, although it does but too much favour the stupidness of Over∣seers, which our Kings having mutually consider'd, in the 9th Century, they made sundry Ordinances, where∣by they enjoin'd Bishops themselves only, to visit yearly their Diocesses, Lib. 7. Capit. Cap. 94, & 109. of the Edition of Paris 1588. There are besides several other Capitularies which prescribe the same thing, but are not necessary here to be recited.
Therefore I proceed to the other Consideration, To shew that a Bishop had no right of inspection, but on his own Diocess; beyond which he was not permitted to meddle. Thence it was that the Council of Antioch, in the Year 341. declares in the 9th Canon, That each Bishop has power in his own Diocess, prudently to Go∣vern it, and to take care of the whole Circuit which depends of the City where he dwells; and in the 22d Canon this Rule is made, That a Bishop do not go to another City which is not under his Conduct, nor into any part of the Country which don't belong to him, there to Ordain any one, nor to settle Priests, or Deacons, subject to another Bishop, if it be not done by consent of the Bishop of the place; and if there be any Bishop so bold to do such things, That the Or∣dination he has made, be void; and as for him, let him be censur'd by the Synod. And as this Council prohibits Bishops to enterprise any thing without their Diocess; that of Constantinople, of the year 381. forbids it to Me∣tropolitans out of their Provinces, Canon 2d.
And as for the Titles of Superiority which is disal∣lowed by our Discipline, besides that they are contrary to the simplicity of the Gospel, and to the Equality which was at first amongst Pastors, the Church of Africa had in a manner banish'd them quite from amidst of it,
to incline the Bishops to humility, and to remove from their minds, all thoughts of Pride and Ambition; for it made this Canon, which is the 39th in Mr. Justell's African Code; Let none call Prince of Bishops, or High Priest, or any thing of like nature, the Bishop of the highest See; but let him only be called Bishop of the first See.
St. Cyprian had said a great while before, of himself, * 1.90 and the Bishops in Africa, Let none of us assume to be called Bishop of Bishops; or as is read in some Copies, None of us have resolved with our selves, to be called, or termed, Bishop of Bishops.
A Minister cannot, together with the holy Ministry, Practise Physick, or the Law; nevertheless he may for Cha∣rity, give Counsel and Assistance to them which are sick of his Flock, in the neighbouring parts, provided it don't hinder him from doing the duty of his Charge, and that he makes no gain of it, except it be in times of trouble and persecution, when he cannot exercise his calling in his Church, and is not maintained by it; to avoid the study of Law, or other di∣straction, to addict themselves wholly to their Office, and to the study of the holy Scriptures and Divinity: And against those which refuse to yield obedience, the Colloquies and Sy∣nods are warn'd to proceed according to Order of the Disci∣pline; as also against those which so employ themselves in teaching youth, that it may in some measure hinder them from attending to their principal Employment; to which the Provincial Synods, Colloquies, and Consistories, shall have regard, even to the suspending of Ministers.
It is said that Philosophy requires the whole Man; it may more truly be averr'd of the Ministry of the Go∣spel, to the Functions whereof one should apply all their time, and all their study; so far unfit it is to think one shall be able to exercise any other Calling with that of the Ministry, for example, that of Physick; therefore amongst us, it is not permitted for a Minister to undertake any other Profession with the Ministry; a Pastor may have some insight in the Law and in Phy∣sick, and also may use it charitably for the good of his Neighbours, in giving Counsel to some, and affording Ease to others, as Theodotus, Bishop of Laodicea, did, of whom Eusebius speaks so advantagiously; * 1.91 but with all, that 'tis requisite one should apply himself intirely to the good of his Flock, and that one can't with safe Conscience rob it of a great part of the time which be∣longs to it, to employ it in the Exercise of any other Profession, to the prejudice of that whereunto it is prin∣cipally dedicated. Thence it is, that the 10th Canon of the Council of Mayence in the year 813, * 1.92 and the 100 of that of Aix la Chapell, in the year 816. prohibit Ec∣clesiasticks of taking any thing for helping any sick persons by the Rules of Physick, which was not un∣known to them. Doubtless for warning them, that having been Consecrated to the Service of the Church, they ought not to spend time in the common practise of Physick, by the knowledg of which, they have liberty in certain occasions, charitably to help their Neighbours, without any expectation of Profit, pro∣vided that don't in any wise hinder them from their principal Employment, and Calling; in such a case it
was absolutely forbidden, * 1.93 as the Patriarch Lucas of Con∣stantinople did to his Deacons. Theodoret indeed makes mention of one certain person he calls Peter, which he represents as a very good Man, and he observes in the Letters 114 and 115, that he had been honour'd with Priestly dignity, and that nevertheless he practis'd Phy∣sick; but it plainly appears by what he says, * 1.94 That this Man was not bound to the Service of any Church, al∣though in was contrary too to the Rule of the Canons, and so nothing hinder'd but that he might commonly practise Physick: Moreover, nothing hinders but to this Article may be applied, Canon 6.81. and 83. of the Apostles. The Example of Gerantius Bishop of Nico∣media mention'd by Z••zomen, might here find place, had his Ordination been legitimate; * 1.95 for being a very good Physician, he was very helpful to the Inhabitants of Nicomedia, who bewail'd him much after his being depos'd.
Ministers shall exhort their Flock to observe modesty in their Apparrel; they themselves in this, and all other things, giving good Example; abstaining from all bravery in Cloaths, themselves, their Wives, and Children.
The Ancient Doctors of the Church have been very careful in recommending to Christians the Modesty pre∣scrib'd in our Discipline; especially to Women, which more commonly transgress its Laws, than Men do.
Clement of Alexandria neglects no pains to induce them to the practice of this Vertue; * 1.96 for having alledged these words of St. Paul, In like maner also, that women adorn themselves in modest apparel, with shamefacedness and sobrie∣ty; not with broided hair, or gold, or pearls, or costly array; but (which becometh women professing godliness) with good works, 1 Tim. 2.9, 10. After this, I say, this Ancient Doctor sheweth, That seeing Apparrel was only given us but for a Covering, there ought not to be any super∣fluity in it; that the holy ornament of the hands is not Bracelets, but a readiness we should have to distribute our Goods to those which are in distress, and the care one should take in conducting ones Family; that that of the feet is a promptness to do good, and a walking in the ways of Justice; that modesty and pudor are the Chains and Collars which God himself has made, and that there is no other real Ornament, but that of Wisdom; that Women ought not to suffer their Ears to be bor'd to hang Jewels in them, but to have them ever open to hear the Instructions shall be given them, and turn their eyes to the Contemplation of heavenly things; and in the same Treatise, he speaks so much against needless and super∣fluous dressing and apparrel, that I on purpose forbear reciting all he says, satisfying my self to observe in gene∣ral, that he fears not to affirm, That under the delicacy of these worldly Dresses, there is found not the Image of God, but that of the Devil. Tertullian speaks in the same terms, exhorting Christian Women to shew by the mode∣sty of their Apparel, the difference there is betwixt the Servants of God, and those of the Devil; he will have them to be an Example to those who do not profess the Gospel; and that God might be glorified in their bodies, by going cloathed suitable to modesty and shamefac'd∣ness; and that when they go out of their Houses, they
should be adorn'd with Rayment of Prophets and Apo∣stles, with probity, chastity, and innocence; by this means obtain for themselves the blessing of God. St. Cy∣prian follows the steps of Tertullian, whom he stiles his Master; and he condemns with no less severity than the other, all the superfluous Ornaments of the Age, and all those worldly Dresses, which, saith he, * 1.97 serve to no other end, but to hide what God has form'd in Man, and to disco∣ver what the Devil has invented. I should be over-tedious to transcribe what has been said on this Subject by Saint Chrysostom, that golden Tongue of the Ancient Church; Read only his 8th Homily on the 2d Chapter of the 1st to Timothy, and one shall see the manner he treats of it, and with what Eloquence he declaims against the pride and sumptuousness of Apparel, the niceness of Dresses; against painting, curling the Hair, Pendants in the Ears, Pearls, and all sorts of Jewels; to all which things he opposes shamefac'dness, modesty, and decency; the use and pra∣ctise whereof he earnestly recommends. Isidorus of Pel∣lusia has very judiciously observ'd, * 1.98 That these outward Ornaments are prejudicial to a beautiful Woman, and to one that is not so; to the one, because it reproaches her with her ugliness; and the other, because people are taken up in talking of her Ornaments, and say nothing of her self.
It is convenient to desire Princes, and other Lords which follow the Court, that have, or would have Churches ordered in their Houses, to take their Ministers from Churches duly reform'd, and where there are more than one, with sufficient assurance of their lawful vocation, and by leave of the Col∣logues or Synods; the which shall first sign the Confession of
Faith of the Churches of this Kingdom, and the Ecclesiastical Discipline. And to the end the Preaching of the Gospel might have the greater Success, they shall also be desired each of them to erect in their Families a Consistory, com∣pos'd of the Minister, and of the godliest and best approved persons of the Family, which shall be elected Elders and Deacons, to a competent number; by which Consistory, the Scandals and Vices of the said Family shall be suppress'd, and the Order of the common Discipline of the Churches maintain'd. Moreover, the said Ministers shall attend the Provincial Synods as oft as they can possible; to this end, notice shall be given to the Church which shall assemble the Synod, to call them unto it; But especially the said Mini∣sters, or part of them, as they shall be deputed by the rest, shall not fail appearing at National Synods, and shall come also accompanied with the Elders, who may inform the said Synod of their Life and Conversation: And when they shall meet several of them together, none of them must pretend preheminence or lordship over the others, according to the Article of Discipline. And when the said Lords and Princes shall reside in their Houses, or other Places, where there is a Church establish'd, the better to prevent Divisions, they shall be humbly desir'd that the Church of their Family may join with that of the Place, to make but one Church, as shall be agreed upon by a friendly Conference of the Ministers of both parts, to do what shall be most expedient.
In the Year of our Lord 506. * 1.99 the Council of Agde in Languedoc, made a Decree, which in some sort refers to this Settlement; for it suffers those, who for the con∣venience of their Family, desires to have an Oratory, or as they speak now-a-days, a Chappel in the Country,
besides the common Places of assembling; it permits them there to serve God, except it be on principal Feast-days, for on this occasion it enjoins them to come to their Pa∣rishes, excommunicating the Church-men that shall serve in those Oratories, if they attempt any thing against this Decree, * 1.100 unless it be by the order or permission of the Bishop, in whose Diocess the Chappel is. Thence is it that Pope Leo the IVth forbids Laymen to establish a Priest in any Church whatever, without consent of the Bishops. The Council of Meaux, in the Year 845. Ex∣horts Princes and Lords to order it so, that the Priests which serve in their Chappels, should be ready to hinder and banish from their Houses all manner of Vice, and be careful to instruct the Domesticks, because Parish-Priests, and Bishops, and Ministers, are to do so unto the poorest and meanest of the People. Agabard, Bishop of Lyons, in the same Century, complains in a Book he writ of the Law of Priesthood; he complains, I say, * 1.101 of the abuse which reigns amongst great Lords in regard of their Priests and Chaplains, and of the little esteem they made of them, requiring of them services altogether unworthy the Degree they were to hold; And because these Priests dwelt in the Houses of Persons of Quality, they were called their Priests, * 1.102 and 'twas said the Priest of such a Lord; the which Pope Nicholas the Ist could not suffer, as appears by the Chronicle of Hugh of Flavigny, con∣tained in the 1st Volume of the Library of Father Labbe, imprinted at Paris, Ann. 1657. there is in the 6th Tome of the Councils, divers Canons of a Synod, which as some think, was assembled at Pavia, in the Year 850. in the 18th of which, the Priests, whereof we speak, are cal∣led Acephales; * 1.103 and those which have them in their Fa∣milies, are warn'd not to entertain any but such as have been examin'd by the Bishops. Pope Ʋrban the IId, in
the 9th Canon of the Council which he held at Melphes, * 1.104 in the Year 1090. says near hand the same thing, and makes such another Decree.
It shall not be lawful for a Minister to leave his Flock without leave of the Colloque, or Provincial Synod of the Church to the which he was given.
This Rule is very judicious, to hinder Ministers from leaving their Flocks slightly, and without permission of those which have power to dispose of their Ministry; this is agreeable to the 3d Canon of the Council of An∣tioch, in the Year 341. which forbids Priests, and Dea∣cons, and all those of the Clergy, to abandon their Churches to go unto others, suspending from the Mini∣stry those that do so; especially, if after being warn'd by their Bishops, they do not speedily return to the Churches which they left; and deposing, without any hope of restoration, those which shall persevere in their Disobedience; with menaces to the Bishops which shall receive them, to be censur'd by the Synod according to their Merit; or as the Council of Calcedon will have it, be excommunicated with the Desertors, * 1.105 until such time as they return to their Churches. Add also to this, the 23d of the same Council, with the 18th and 13th of Ancyra.
The Deserters of the Ministry shall be Excommunicated by the Provincial Synod, if they do not repent, and re-assume the Office God has committed to them.
The Council of Sevill, in the Year 619. Can. 3. for some time Exiles the Deserter into a Monastry, after having degraded him of the Honour and Degree of a Minister; but without taking away from him all hope of being re∣stor'd after a punishment proportion'd to his Fault; to the end, by this means to restrain the Libertinism of Deserters. Gratian cites this Canon in his Decret. cap. 21. q. 2. Placuit ut si.
Ministers shall not be Vagabonds, and shall not have li∣berty of their own free Authority, to intrude themselves where they please.
The Council of Ancyra, in the Year 314. made a Decree which was very conformable to this of our Disci∣pline; If those which have been orduin'd Bishops, saith he, * 1.106 are not receiv'd into the Churches for which they have been named, and that nevertheless they endeavour to get into others, and to offer violence to those that are duly establish'd, and to stir up troubles against them, let such be depos'd; but if they will continue in the Presbytery, wherein they were
formerly Priests, let them not lose the honour of Episcopacy; whereas, if they stir up Seditions against those which are setled Bishops, 'tis sit they should be depriv'd of the honour of the Preshytery, * 1.107 and intirel••d pos'd. The Ist Council of T••••rs, assembled Ann 46. requires that he be ex∣communicated from the Clergy which forsakes his Church without the Bishops permission, to settle himself in any other place. * 1.108 That of Reimes, orders almost the very same thing again Church-Vagabonds, in the year 465. In the Council of Valentia in Spain, assembled Ann. 524. the like Edict was made against inconstant and wandring Clerks, Can. 5. Tom. 3. Conc. pag. 820. See Synesius on the 22d Article in his 67th Epistle, how he declaims against these wandring Clergy-men, whe∣ther they be Bishops, or others and judges it is not fit they should have any publick mark of Honour amongst the Clergy, nor admission into any other Churches, to ob∣lige them to return to their own.
The Minister of one Church cannot preach in another, without first obtaining leave of the Minister of it, unless in case of his absence, in which case it must be the Consistory must give him leave; and if the Flock be disperst by rea∣son of persecution, or other trouble, the Foreign Minister shall endeavour to assemble the Deacons and Elders, which if he cannot do, he shall nevertheless be permitted to preach, to reunite the Flock.
We formerly observ'd on the 18th Article, that a Bi∣shop had no power to undertake any thing without his
Diocess; within the compass whereof he was oblig'd to limit all the Functions of his Ministry; and we pro∣ved it by sundry Canons, needless here to be repeated; it shall suffice to add unto them the 20th Canon of the VIth Oecumenical Council, which is yet more formal than any of the rest, to the matter now in question; see here in what sort the Fathers have laid it down; That it be not permitted for a Bishop to preach publickly in any City which is not within his Jurisdiction; * 1.109 and if there shall be any one found so doing, he shall be no longer Bi∣shop, and let him only perform the Functions of Priest.
The Minister which shall intrude himself, although he were approv'd by the People, is not to be approved by the Neighbour-Ministers, or others; but notice must be given of it to the Colloque, or Provincial Synod.
The Council of Antioch, which I have several times cited, absolutely authorises this Rule in the 16th Ca∣non, which is contain'd in these words; If a Bishop out of employment, intrudes himself into a vacant Church, and usurps the place without the Authority of a full Synod, let him be turn'd out, although he may be approv'd of all the People which he shall have gain'd to him. The 35th Ca∣non of the African Code, contains a solemn Decree a∣gainst these Pastors, which having by their slights insi∣nuated into the minds of the People, intrude themselves into Churches without any lawful Vocation; so far, that the 3d Council of Carthage, which made this De∣cree, in the year 307. appoints, that they shall be dri∣ven
away by publick Authority. Pope Gelasius the Ist enjoins almost the same, in his 9th Epistle to the Bishops of Lucania, Tom. 3. Concil. pag. 936.
Ministers shall not be sent to other Churches without Au∣thentick Letters, or other sufficient Testimonies from the places from whence they shall be sent, the which shall be de∣liver'd into the hands of the Consistory, whither they are sent, to be carefully laid up.
Besides the Canons I have mention'd upon the prece∣dent Article, and which do alike favour this, there are also others which no less confirm it; for Example, Those which forbid to receive to the Communion in another Church, an Ecclesiastical Person, which cannot shew a Certificate from his Bishop; and those also which enjoin Bishops to contain themselves within their Diocesses, without intruding into another's, as we have made appear; and as may be farther proved by the 10th Canon of the Council of Carthage, which is commonly called the 1st, and which was assembled under Gratus, in the Year of Christ 348, or 49. Tom. I. Conc. p. 566. To all which may be added the 33d Can. of the Apostles, which expresly forbids to receive any Church-man with∣out Letters of Recommendation, and without due Exa∣mination; and the 41st of Laodicea. In the Ancient Dis∣cipline, the Letters now spoken of, were called Letters of Conge, whereof we will speak more on the 4th Arti∣cle of the 4th Chapter.
No Minister, for saying he is forsaken of his Church, or persecuted, shall thereupon be received by another Church, until that by good Certificates he shall make appear to the Synod, or Colloque, how he shall have behav'd and govern'd himself; and the whole shall be referr'd to the prudence and discretion of a Colloque, or Provincial Synod.
This Article also tends to nothing else but to restrain the Enterprises of such Ministers as shall insinuate them∣selves into Churches without being called, or not ha∣ving good Testimonies of their behaviour, and of the cause wherefore they pretend to be forsaken of their Churches; therefore it is that our Discipline refers the Decision of these matters to the discretion of Synods, according to the Canon of Antioch, in the year 34. Can. 16.
When a Minister finds himself destitute of a Church, ha∣ving duly obtain'd leave, and his discharge from that which he formerly served, it belongs to the Colloque, or Provincial Synod, to provide for him in a months time; and if in that time he be not provided for by the Synod of the Province, or Colloque, he shall be at his own liberty to provide for himself of a Church any where else, without the Province, where God shall enable him, according to the Rule of the Discipline.
This Rule intimates something more than the for∣mer; for it speaks of Ministers destitute of a Church, after having obtain'd License from those they served, and of having for good and sufficient Causes been remov'd; and who nevertheless are not suffer'd to settle in any other, but by Authority of the Col∣loques, and Synods, according to the Ancient Dis∣cipline.
Power is given to Provincial Synods to change Mi∣nisters for certain Considerations, their Churches being heard, and their Reasons well and duly examin'd; but in case of Discord, all shall be determin'd at a Na∣tional Synod, until which time nothing shall be inno∣vated.
The translating of Pastors from one Church to another has been strictly prohibited in the Ancient Church, by reason of Abuses which have been there∣in committed; and because these Translations were commonly the effect of Ambition, and Covetousness, for seldom any was translated from a greater to a less Church; but frequently, and almost always, from a less to a greater; the 15th Canon of the 1st Council of Nice; the 21st of that at Antioch, in the Year 341. the 1st of the Synod of Sardis, in the year 347, and several others, prohibit these sorts
of changes which have no other motive, as the Fathers of Sardis say, but covetousness, ambition, and a desire to domineer. Nevertheless all these Prohibitions has not hindered but several Bishops have been transferred from one Church to another. * 1.110 Socrates in his Ecclesiastical History recites a great many Examples of these Tran∣slations made before and after the Council of Nice. Pope Boniface at the beginning of the Fifth Century established Perigenes Bishop of Corinth, * 1.111 whereas before he was of Patras, as appears by the Letter writ by this Pope to Rufus Bishop of Thessalonica. Socrates also cites this Example.
But that it may not be imagin'd that all these Tran∣slations were nothing but the ill effects of the relaxation of the Discipline of the ancient Christians, and that they were not countenanc'd by the Authority of some Canon, it is to be observ'd there were some occasions wherein these changes were allowed; as for example, for the greater edifying of the Church, in such a case it was permitted to translate a Pastor from one Church to ano∣ther, provided it was done by consent of the Synod, as our Discipline doth prescribe: The 14th. of the Canons attributed to the Apostles, explains it self after this man∣ner: It is not permitt•••• for a Bishop to leave his Church to go to another, altho he should be desired and invited thither by a great many, unless there be some great reason that obliges him to it, as that his Preaching might there tend to greater Edification, and there cause a greater growth of Piety, nei∣ther yet ought he to do it of his own accord, but by the Ex∣hortation and Judgment of several Bishops.
The fourth Council of Carthage assembled in the year 398, made a like Ordinance to that in the 27 Can. for having prohibited to go by ambition from one Church
to another, it adds, That if the benefit of the Church be advanced thereby, it may be done by approbation of the Synod, which shall put another in the place of him they send away. Thence it is that Pope Gellasius the first, doth not always simply condemn these Translations, but only then when they are made without cause. Hinemar, Archbishop of Rhemes, in the Ninth Century, autho∣rizes these Changes when there is good cause for them, or necessity, and that 'tis done by Order of the Synod; and he also produces sundry instances of this practise. I do not mention the first Epistle of Pelagius the second, who establishes, or rather approves, for the like motives, these kind of Translations, because I am perswaded 'tis false and spurious.
When a Minister is persecuted, or for some other cause cannot exercise his Office in the Church, whereunto he was appointed, he may be sent elsewhere by the said Church, or an exchange shall be made of him for some other for a time, by the consent and good liking of both the Churches: But if the Minister will not submit to the judgment of both Chur∣ches, he shall impart the reasons of his refusal to the Consi∣story, and there it shall be judged if they are sufficient; and if they are not found to be so, and that yet the Mini∣ster persists to refuse the said Office, the difference shall be transferred to the next Provincial Synod, or to the Colloque, if the Churches are of one and the same Colloque.
The ancient Christians which had foreseen the incon∣venience which regards our Discipline in this Article,
have made divers Rules to remedy it. In the year of our Lord 347, the Council of Sardis in these terms, set down the words of their last Canon: If violence be done to a Bishop, and that he be cast out unjustly through malice, for the Discipline he has exercised, or for the Catholick Faith which he confessed, or for the truth which he defended, and that being innocent, and flying from danger, he comes to another Church, let him not be hindered to abide there, until such time as he can return, and that an end be put to the trouble which he suffers; for it would be cruel not to receive with all humanity and good will, him which suffers persecution: * 1.112 The Council of Chalcedon which forbids to quit the Church one has served in from the first time of ones promotion, Excepts those which having been con∣strained to forsake their Country, have passed into another Church; according to which Gregory the First establish∣ed a certain Bishop call'd John, which had been driven away from his Church by the Enemy which had taken possession of the place; I say he setled him in another, on condition to return back to his former Church as soon as it recovered its ancient liberty. It was also in the same manner he served Agnellus Bishop of Fundi, which upon a like occasion he preferred to the Church of Terracina; the same was practised in France in the IX. Century, in regard of Actard Bishop of Nants, the City having been sack'd and plundered by the Brittans and Normans, he was made Archbishop of Tours, as Hinomar affirms, who lived in that time, and at large relates the History in his 45 Epistle, which we cited on the foregoing Article; and all that he blames in Actard is, That he would have held both Churches of Tours and Nants, contrary to the prohibition of the Council of Chalcedon; excepting this, he approves, that when a Pastor is persecuted and driven from his Church, he
should be provided of another. The Frier Blastares is of the same judgment, and he supports it by the 13 and 22. Canons of the Council of Antioch, in Syntagm. Lett. A. Cap. 9. pag. 22.
Ministers may, with their liking, be lent by the Consistory, as the Edification of the Church shall require; but the Loan shall not be made without the advice of two or three Mi∣nisters, or of the Colloque, if it be for more than six Months.
St. Paul saith, Charity is the bond of perfectness; and all those of one Communion, being to be united by this Sacred Bond, they are bound in conscience, upon all occasions, to shew reciprocal marks of sincere and true love; and because there are none more sensible than those which have for their scope and aim, our in∣struction and consolation, they cannot be mutually re∣fus'd without violating the Laws of Christian Charity: It was by such a principle, that when there was among the Primitive Christians any Church destitute of a Pa∣stor, That next unto it, was obliged to take care, and visit it from time to time, to impart unto it Instructi∣ons and Consolations. There are several Prescriptions to this purpose in the Monuments of Ecclesiastical An∣tiquity, particularly in St. Gregory's Epistles; and all these Rules, in effect, amount to what's here prescrib'd in our Discipline.
Ministers lent, when the time for which they were lent is expired, they shall return to the service of the Churches from whence they went.
When a Church for some time borrows the Ministry of a Pastor which is setled in another Church, which consented to this Loan, there's no need to doubt but that when the time of Loan is expired, he may re-en∣ter into the Church which lent him, and which in lending him, did not disclaim their Right in him. In the Primitive Church, at the very instant a Flock was provided of a Pastor, he that visited it in the time of its Widowhood, that is to say, whilst 'twas without a Conductor, returned no more to it, and exercised the Functions of his Ministry no where but in his own Church.
If in one year after the time of Loan is expired, the Church don't re-demand its Pastor, he shall belong to the Church which borrowed him; always provided, the Minister willingly consents thereunto; but if he be not willing, he shall submit to the direction of the Colloque, or Synod of the Church to which he had been lent. And this rule also shall be in force for the Ministers which by reason of Persecution shall flye to other Churches; and the persecution ceasing, not being demanded by their former Churches in a years time, the which shall commence after the warning which shall have
been given to the said first Churches by the said Mi∣nisters.
Because it may so sall out, that a Church which shall have lent one of her Ministers, does not recall him after the Expiration of time for which he was lent, no diffi∣culty is made of translating him wholly to the Church which had borrowed him, the silence of the other being then look'd upon as a kind of Consent. Which also is to be appli'd to those which joining themselves to other Churches by reason of Persecution, are not re∣demanded by theirs when the Persecution is over; for on these occasions, it is as much as if they had granted unto them those Letters of Congé which the Ancients called Dimissoria's, with the which a Church-man could serve in another Church, in the same Province, or in any other.
Him who is destitute of a Church for not being employ∣ed in the Province, and shall be lent elsewhere out of the Province, by the Colloque, until the Meeting of the Synod of the said Province; if he be not employ'd by the said Sy∣nod in the Province, he shall remain proper to the Church to which he was lent, if he consents thereto, and the said Church also.
This Article depends of the foregoing ones, and is no more but the continuance of the Rules we have ex∣amined;
amined; therefore 'tis needless to add to what has been said to this purpose.
To the end that Congregations should acquit themselves of their Duty to their Pastors, as the Word of God enjoyns them, and that cause should not be given to Ministers to be dissatisfied, and even to leave them; the said Flocks shall be advertis'd to allow them what shall be necessary.
When Jesus Christ first sent forth his Disciples to Preach the Gospel, he forbid them to provide Gold, or Silver; alledging for this prohibition, that the la∣bourer was worthy of his hire. St. Paul, who wrought with his own hands, that he might be burdensome to none, nevertheless appoints in his Epistles, the obliga∣tion Flocks have to their Pastors, saying, None goes a warfare at his own expence; That him that plants a Vine, cats of the fruit; and him that feeds a slock, drinks of the milk of it; that what the Law saith, Thou shalt not mussle the ox which treadeth out the Corn, is to be appli'd to the Ministers of the Gospel, who ought to receive tem∣poral things of those to whom they sow Spiritual things; That those which were employ'd about holy things, did eat of that which was Holy; and those which served at the Altar, did participate of the Altar; that in like manner the Lord ordained, * 1.113 That those which preach the Gospel, should live of the Gospel.
The Charity of Christians, who lived presently after the Holy Apostles, was so servent, that they suffered not
those which were ordained to instruct in the know∣ledg of the Mysteries of Heaven, to lack any thing; and altho in those first Ages, they lived on the volunta∣ry Oblations of Believers, nevertheless they had suslicient for their maintenance and support, and for the relief of the poor: And because these offerings were divided amongst the Clergy, each had his portion, or at least, they spent altogether that which fell to their share, and also imparted to the relief of Indigent Clerks, and other Brethren, * 1.114 which were in want; and which St. Crprian designs by Sportulantes fratres; an expressi∣en sound in the Testament of Perpetu Bishop of Tours, in the Fifth Century, inserted by Dom Luke D'Achery in the fifth Tome of his Collection. The 25 Can. of the Council of Antioch appoints, That the Bishop should receive of the Church-stores what shall be convenient for the necessary support of life, both for himself and for the Brethren which lodg in his House; and the 36 Syned of Agde, in the year 506 requires, That all the Clerks which serve in the Church faithfully, * 1.115 and with care, receive of their Bishops the wages due for their labour, prop••rtionable to the service they yield, or accor∣ding as the Canons do appoint. After all, when Riches came flowing into the Church, in several Provinces, they divided them into four equal portions; the Bishop had one, the Clergy another; the third was for the poor, and the fourth for repairing the Church: But in the Countreys where they divided them into three Portions, as in Spain; one third was for the Bishop, one third for the Clergy, and the other third for the Poor, and repairation of Temples.
And to avoid the ingratitude of those which have been found unworthily to treat their Pastors, this order shall be observ'd, To pay them aforehand, one Quarters Sallery, of the Pension which has been promis'd them yearly.
Were the Charity of the Christians of this Age as great as was that of the Primitive Christians, those who laboured in composing our Discipline, had not been ob∣liged to have made so many Rules to provide for the Maintenance of Ministers; they would have found a suf∣ficient propensity in the minds of their People to have contributed to their Necessities: But this Charity being abated, and the People being but too much inclined to pay those with ingratitude which labour for their In∣struction, it was expedient to multiply Laws to pro∣cure for them a moderate maintenance, without the which a Minister cannot subsist.
And for the time to come, doubting of miscarriage here∣in, lest there should happen damage to the Churches; Those elected to manage the Action of the Colloques, shall inquire of the Elders of each Church, what Allowance they make their Ministers, and the care they take in administring what has been appointed, to the end that by the Authority of the Colloques it might be remedied.
The Ministers of the French Protestants, living com∣monly on the equal contribution of their Congregati∣ons, it became the wisdom of the Authors of their Dis∣cipline to remove all dissiculties which might retard or hinder these voluntary Contributions whereon depends their Subsistence, having no stock for their Mainte∣nance.
When necessary support is refused to a Minister; and that he hath made his complaints and applications, and that three Months are elapsed; it shall be lawful for the said Pastor to range himself to another Church, by advice of the Colloque, or Provincial Synod; and in case of urgent neces∣sity, the Colloques, or Synods, may shorten the term of three Months; and if necessity so require, and that three Months are elapsed, and that he continue unprovided, altho the Mi∣nister has made his complaint to be set at liberty, it shall suffice, that he call into his Consistery, the two adjacent Mi∣mslers, and shall not be bound to stay for the consent of any Colloque nor Synod, unless one of those Assemblies were sum∣mon'd in the same Month, to the which he may have re∣course.
Seeing that according to the Doctrine of Jesus Christ, Those which Preach the Gospel shall live by the Gospel, it cannot reasonably be refuted. Minister to whom the Flock doth not apply necessary Subsistence; I say one
cannot refuse him the liberty of joyning himself to ano∣ther, which are more tender and grateful, especially when he has nothing else to subsist upon. It's true, this should not be done without the advice of his Su∣periors, that is to say, without consent of the Colloque, or Provincial Synod, which may dispose of his Mini∣stry.
Ʋpon the knowledg and judgment which shall be made of the ingratitude of the People upon the Minister's complaint, all circumstances must be prudently weighed, and as well principal regard shall be had to the poverty of the Churches, as to the faculty and ways of him which makes the complaint, the better to follow what may most tend to the glory of God, the Edification of the Church, and the honour of the Ministry.
In the main, heed must be taken to do nothing in these occasions which may in the least prejudice the glo∣ry of God, the Edification of the Church, and the ho∣nour of the Ministry, or that may offend the Laws of Christian Charity.
The Church which shall be found ingrateful, shall not be furnished with a Pastor, until first of all she hath fully satisfied what she owes to him, from whose service she is discharged.
This Article is a consequence of the preceding ones, and is founded upon Justice and Equity; provided ex∣act Judgment be made betwixt unableness and ingrati∣tude; the former deserving pity and compassion, and the latter punishment and blame.
Ministers that have some Rents and Goods, may never∣theless take Wages of their Flocks; it is even expedient they should do so, for the consequence, and to avoid the pre∣judice they may do to other Pastors and Churches: But they shall be Exhorted to do as the necessity of the Churches and Charity shall require.
The Ancient Canons do sufficiently authorise this set∣tlement, in distinguishing the goods of Bishops from those of the Churches, the latter not being to be alie∣nated; whereas the Bishop at his Death might dispose of those which were his; and if he disposed not of them by Will, they of right appertain'd to his Heirs, the Church not being permitted to trouble them on this oc∣casion. The 24th Canon of the Council of Antioch is formal in the case, and so regulated the matter, that afterwards there was no difficulty in the Case; and I make no question, but the Impostor that forg'd the Ca∣nons, which go in the Apostles Names, did borrow from that of Antioch, the 4th of his, which he a little alter'd, to hide the fraud of his Imposture; for he saith, the
Bishop has sometimes Wise and Children, which are his Legitimate Heirs. Neither do I make any doubt, but the Fathers of the Council of Chalcedon had in their view the same Canon, a little more than 100 years after the Synod of Antioch, when they forbid the Clergy in the 22d Canon, to dissipate the Goods of the Bishop after his Death; and that they alledge the Ancient Canons which prohibit the same; it is hereunto may be applied the 32d Canon of the African Code, attributed to the Council of Carthage, in the Year 419. However it may be, it clearly appears by what has been said, That Mi∣nisters which had any Goods of their own, might ne∣vertheless take the portion of those of the Church, which by the Decrees of Councils were destinated for the support of the Bishop.
It shall not be permitted for a Minister to possess any Inheritance under the Title of a Pastor; but if his Pension, or any part of it, were assign'd upon any Possession, Rent, or Revenue, all shall be administer'd by the Deacons, or other person appointed and deputed to this purpose, by whose hands the Minister shall receive his Salary, to take away all suspition of Avarice, and to the end, that by such sollicitudes, he may not be hinder'd from doing his Office and Duty.
St. Cyrill of Alexandria ordains something to this pur∣pose in his Canonical Epistle, when he saith, That the holy Vessels, and the immovables, must be left to the Churches; and leave to the Bishops which do the Functions of the Episcopacy, the dispensation of the
Expence, which is necessary to be done, whether it pro∣ceeds from the Revenues of Ecclesiastical Goods, or from some liberality that comes from elsewhere. The Council of Antioch had already ordain'd something of the same kind in the 25th Canon; and since St. Cyril, that of Chalcedon in the 26th.
The Church, in whose Service a Minister dyes, shall take care of his Widow and Children; and if the Church be not able, the Province shall provide for them.
This Rule is in good measure grounded on Christian Charity, and also on the acknowledgment a Church owes to the memory of a Minister dead in her Service, to whom she is obliged to shew some marks of respect and kindness in the persons of his Wife and Chil∣dren.
Ministers shall be subject to Censures.
All Pastors were subject to the Canons, and by con∣sequence to the Censures enjoined by the Canons; it is a known Truth, and which is not contested by those who have any knowledg of the practise of the Ancient Church. * 1.116 The Council of Turin, in the Year 397. in its Synodal Epistle, saith, They were Assembled to pre∣serve
the Blessing of Peace, and the Decrees of the Canons, and to apply a profitable remedy to Mens minds; and in the 5th Canon, speaking of a certain Priest called Exuperantius, it saith, He was deprived of the Communion of the Lord, because he had done something against the Ecclesiastical Discipline. Therefore it was, * 1.117 that the Council of Chalcedon requires, * 1.118 that the Canons be observed which had, till then, been made by the holy Fathers; and the Synod of Chalons upon Soan, in the Year 650. enjoins all Men, in the 2d Canon, inviola∣bly to observe the Decrees of the Councils: Thence it is, that the 4th Council of Orleans, in the year 541. in the same Volume of French Councils, speaks in the 37th Canon, of the Censures which were made in the Synods; to which also may be referr'd, the 3d and 22d Canons of the Synod of Antioch; and the 25th of that of Chalcedon; and in the 4th of the 7th Council of Tolledo, Anno Dom. 646. it is said expresly, That if any Bishop be so inconsiderate, as to violate the Decree of the Council, the Censure and Punishment which the Fathers have enjoin'd, * 1.119 shall be inflicted on those which transgress the Canons.
The Office of Ministers is to Govern themselves and their Flocks, great and small, by the Word of God, and Ecclesiasti∣cal Discipline; but 'tis also the Duty of the Magistrate to have inspection over all sorts of Men, even over Ministers, and to take care they behave themselves as becometh in their Vocation; and if they fail therein, the Magistrate shall warn them of their Duty, by the Church Discipline, in the Colloquies and Consistories, else the faults may be punishable by the Laws, the Administration whereof is in the Magistrate.
Origen treats at large of these Duties of Pastors in several parts of his Works, where he teaches how they ought to act in regard of themselves, and in regard of those committed to their care, towards whom they should not shew too much indulgence, nor too much severity; but open unto them the Gates of Heaven by their Doctrine and Exam∣ple, and not shut it against themselves by a disorderly and wicked Conduct: But especially must be added, what he saith in the 7th Homily upon Joshua; which is in the 1st Volume of his Works; and in the 25th upon St. Matthew, in the 2d Edition at Paris, An. 1514. St. Basil lays down several Rules in his Morals, for the Conduct of Pastors, whom, as he saith, should be an Example unto others, and do in the first place, what they desire others should do, Preach the Gospel with a holy freedom, and bear witness to it, although there might be some which forbid so doing, and persecute to Death those which do it. He will have them render God thanks for those which are converted, and that they should pray to God for them, to the end they may grow in grace dayly; That they should have care not only of those which are present, but also of the absent; and that they should omit nothing which may tend to their Edification and Salvation; desiring they would therein Exercise themselves constantly, as well in pub∣lick as private: He saith moreover, That the Minister should be tender and full of compassion, especially to∣wards those whose Souls are mortally sick; That he should charitably contribute to their bodily necessities, without abusing his power to the prejudice of those
under his Conduct, and without exalting himself over them; but rather take occasion to exercise humility towards them. He adds in conclusion, That he which is establish'd in the Church to be a Guide to others, should neither say nor do any thing, but with a great deal of prudence and circumspection, to render himself ac∣ceptable in the sight of God, as if he were to be ap∣prov'd by their judgment and testimony.
I could alledge several other Doctors of the Church to confirm the same thing; but because what I have said, is sufficient for establishing this Truth, I proceed to the consideration of what follows in the Article which we Examine, That it belongs to the Magistrate to have an Eye over Ministers, and to take care they walk orderly in their Vocation, &c. The good Kings of Israel did so un∣der the old Discipline, obliging the Ministers of the Sanctuary to do their Offices, and Religiously to per∣form all things which pertain'd to the Service of God; under the Oeconomy of Grace, the Examples of Con∣stantius, of Theodosius, of Marcien's, of Leo's, and sun∣dry others, which have assembled several Councils for the benefit of Christian Religion, and to preserve the Church from the Poison of Heresies and Schisms; I say, all these Examples do not in the least suffer us to doubt, but that Princes and Sovereigns have right to supervise over Bishops and Pastors, and are bound in Conscience to endeavour the advancement of the Glory of God, and the preservation of his Worship in all purity: And not to go farther than our France, Who is there at this time but does know the diligence of our Kings on a great many occasions; the many Councils they have Assembled, and to many of them have prescribed the subject and matter of their deliberations, which is an authentick proof; and the Capitularies which we have still
in our hands, of Charlemaine, of Lewis le Debonnaire, and of Charles the Bald, are also so many Authentick Evidences. It was hereupon, that Constantine saith in Eusebius, * 1.120 That God had Established him Bishop; that he should take care of things which passed out of the Church; and in the same Treatise, he is called, The Common Bishop, establish'd by God. In the 6th Action of the Council of Chalcedon, there is given to Marcien, the Title of Sacerdos. St. Remy calls Clovis, the Bishop of the Country, Tom. 1. Conc. Gall. p. 204. The Fa∣thers of the Council of Mayence, in the Year 819. calls Charlemaine, The Director of the True Religion, and the Defender of the Holy Church. Which the 6th Synod of Paris, in the Year 829. saith also of Lewis le Debonnaire, and of Lothaire his Son.
It is also in all likelihood, by the same motive, that in the 98th Letter of Loup Abbot of Ferriers, where there is mention of the promotion of Aeneas to the Bishoprick of Paris, in the 9th Century, The gift of the Prince is joyn'd to that of God: As if one had been fully persuaded in France, that the King was in God's stead, in Establishing of Bishops. Thence it is also, that whereas Loup, in the 29th Letter, writes that Aldrich was made Bishop of Sens, by the Command of Caesar; the Frier Clarius, in his Chronicle of St. Peter vif. of Sens, saith, That it hapned by the Will of God. To intimate, that the Power whereof Princes were in possession, was given them from Heaven, it is the reason wherefore in the 2d Council of Thionville, in the Year 844. it is said, That Bishops are given of God, regularly design'd by Princes, (they mean the Children of Lewis le Debonnaire) and Consecrated by the Grace of the Holy Spirit. In the Life of Nicetas, who was Bishop of Lyons in the 6th Century, it is observ'd, That the good will of the
Prince, gave him by the Will of God to be Bishop to this Church.
Ministers that teach bad Doctrine, shall be depos'd, if they persist after having been several times warn'd; also those which do not obey holy Admonitions given them by the Con∣sistory, taken out of the Word of God; those also which shall lead Scandalous Lives; those which shall be convinc'd of Heresies, Schisms, Rebellion against Ecclesiastical Order, and manifest Blasphemies, worthy of Secular punishment; Simony, and all corruption by Presents; endeavours to have another's place; forsaking their Flock without due leave and just occasion; Falshood, Perjury, Adultery, Theft, Drunken∣ness, Fighting, worthy of being punish'd by the Laws; Ʋsury, Sports forbid by Laws, and scandalous; Dancing, and other like dissolutions; any crime having the mark of Infamy; any Crime which should in another deserve separa∣tion from the Church; and those which are insufficient to discharge their Office.
The Truth of the Holy Trust committed to the Apo∣stles, and after them to their Successors, has ever been so dear and precious to those amongst them, which have been Followers of the Zeal and Piety of those first Ministers of the Son of God, that they could not suffer it should be alter'd, without severely punishing those which sowed Tares amongst this good Corn, and espe∣cially Pastors, whom they depos'd from their Office, at the very instant that they taught Doctrines contrary to this Heavenly Truth. When Paul of Samosatia, Bi∣shop
of Antioch, stir'd up by the Evil Spirit, had the impudence in the 3d Century to teach, That Jesus Christ was but meer Man; the Ministers of the Gospel came flocking from all parts, as against the Enemy and De∣stroyer of the Flock, and Fold of the Lord; but this Heretick having avoided the Sentence of his Condem∣nation, in the first Synod held at Antioch against him, in the 12th year of the Emperor Gallien, and about the Year of our Lord 266. because he promis'd to change his Opinion; he was at length depos'd, in the Year 170. in another Assembly in the same City of Antioch. In the Year 346 Euphrates Bishop of Cologne, was also depos'd by a Council Assembled in the same City, for an impiety much like that of Paul of Samosatia; for he denied that Jesus Christ was God. It was on the same ground that in the Ancient Church, Pelagius, Celestius, Julian, and their followers, Nestorius, Eutyches, and many others were Anathematiz'd; not to speak of what was done against Arrius, in the first Council of Nice. I do not here make mention of scandalous vices for which Ministers deserve to be depos'd, because I shall speak of them in the following Articles; I will only add, that the 45th Canon of the Apostles, deprives of the Com∣munion, the Bishop, Priest, and Deacon, which do so much as pray with Hereticks, that is to say, accord∣ing to Balsamons interpretation, If they have any Communication with them; but he deposes them, if they permit them to do any Ecclesiastical Function; and the 46th. if they allow of their Baptism, and Oblation.
Those shall not be depos'd, who through Sickness, Age, or other the like accident, shall be incapable of doing their Office; in which case, they shall still enjoy the Honour, and shall be recommended to their Churches for a mainte∣nance, being provided of another which shall perform their Office.
Old Age and Sickness being no lawful cause of depo∣sition, it is with good reason they here except them out of the Number of those things for which Bishops and Deacons are wont to be degraded, and to turn them into the Rank of Lay-men, from the which they were before distinguish'd; as for Old Age, it is certain, that in the Primitive Church, when a Pastor was well stricken in years, and that by reason thereof he could not perform all things relating to his Office, some other was chosen to assist him; but in continuing to him the Honour of his Office, and a competent Main∣tenance. * 1.121 It was so practised at the beginning of the 3d Century, in regard of Narcissus Bishop of Jerusalem, Aged 116 years; for there was by consent of the Neigh∣bouring Bishops, given to assist him in that weighty employment, Alexander, who had been Bishop in Ca∣padocia. It was for the same reason, that Theotecnus, * 1.122 Bishop of Caesarea of Palestine, Consecrated one Anatolius Bishop, with whom he divided the care of his Disocess, which they govern'd both together for some time: These are the two Ancientest Examples of Coadjutors of Bishops, as is spoke at this time; they were at first in∣troduced
for the ease of Ministers, who for their ex∣treme Age could not discharge the Duties of their Pastoral Office; but since that time, Favour and Am∣bition has had a much greater share in establishing these kind of Coadjutors, than Necessity; although the Council of Antioch in the year 341, expresly defends it in the 23. Canon, which practise St. Austin was a stranger to, when Valerius made him his Coadjutor, and designed him his Successor, as Possidonius observes in the eighth Chapter of his Life; where he takes, if I be not deceived, the Council of Antioch for that of Nice, the fourth Canon of which prescribes only the manner of Promotion of Bishops; whereas the 23. of Antioch absolutely prohibits a Bishop to establish himself a Suc∣cessor, and by the same means a Coadjutor.
I come now to Sicknesses, and other like accidents, for the which we do not think fit a Minister should be deposed; we do not indeed in the first Ages of the Church find any Rule on this subject, because in all likelihood, as yet none were found that would dis∣pute to a Pastor, (who by reason of Sickness could not discharge the Duties of his Calling) the name and quality of Pastor, no more than things necessary for his subsistence. In the time of Gregory the First, things having in all likelihood changed face in this regard, this Prelate made a Constitution which is yet to be seen in the 11th. Book of his Letters, Indict. 6. Ep. 7, & 8. by which he appoints that a Coadjutor shall be provi∣ded for the Bishop, who by reason of Sickness cannot take care of his Congregation, which nevertheless shall be bound to maintain him as before; it is much after this sort he deals by the Bishop of Rimini, who by his own confession, a great pain in the head rendered incapable of discharging his Episcopal Office, for
which cause he desired to be absolutely discharged, that another might be put in his place; which could not have been done without his consent, but only to have given him a Coadjutor. The Bishops of France did other∣wise in regard of Heriman, or Herman, Bishop of Ne∣vers, who was troubled with a mighty head-ach, but he stoutly resisted them; as also Ʋvemlen Bishop of Sens, his Metropolitan, for they would have put another in his place against his will; but having writ to Pope Nicholas the First, in the year 862, he disapproved what they did in the case, * 1.123 politickly avoiding the que∣stion they put to him touching the forged Decretal of Melchiades.
In the Appendix at the end of the Letters of Loup Abbot of Ferriers, of the last Edition, there's a Letter of Innocent the Third to the Archbishop of Tours, writ in the year 1209, whereby he will have the Bishop of Perigueux to resign his Bishoprick to another, because he was uncapable and unfit to discharge the Office; and that moreover he wasted the Treasure of the Churches; altho he judges the former reason sufficient cause for the resignation: But Innocent the Sixth in the sixth year of his Popedom, that is, about the year of Christ 1360, writes to Girlac Archbishop of Mayence, to appoint a Coadjutor to Salvian Bishop of Worms, by reason of his great age and sickness, without leaving the Coadjutor any hopes of succeeding him after his death; the Letter is to be seen in the same Appendix.
Mark, Patriarch of Alexandria, * 1.124 having demanded of Balsaman the famous Greek Canonist that liv'd in the Twelfth Century, If a man that had but one hand, or but one eye, were worthy the honour of Priesthood; and whether 'twere permitted to him that after Ordi∣dination chanc'd to be dismembered in any part of his
body, to celebrate Divine Service, or not? Balsaman after having alledged the 77, and 78 Canons of those which go in the Apostles names, to resolve the diffi∣culty proposed to him, adds, That those ought not to be established in Ecclesiastical Offices, which by rea∣son of their sickness and infirmities, are incapable of doing their Duties; but as for those which since their Ordination are faln into any mischance, he declares, That if their inconvenience don't hinder them from dis∣charging their calling, they are permitted to continue in it, and to celebrate Divine Service; but if the in∣convenience be such as that it hinders them, he will that they desist from doing the service, but that the honour and dignity be continued them, with the en∣joyment of things necessary for their subsistence. Ma∣thew Paris observes in his History of England, in the year 1095, that Lanfranc Archbishop of Canterbury, in a Synod he held at Westminster, Anno 1075, judged, that the not understanding the French Tongue in a Bishop, with the incapacity of not assisting at the King's Councils, was a just cause of deposition; and it was thereon he grounded that of Wolstan Bishop of Worce∣ster. Hereby let the Genius of this Prelate be judged; and let no body any further wonder, that the Doctrine of Transubstantiation, which he promoted with so much earnestness, made such progress in a time of such ig∣norance, to the prejudice of the ancient belief of the Church.
Moreover, the Reader may observe, if he please, that the ancient Councils did not put the inconveniencies of Lunatism, and of those tormented by the evil spirit, in the rank of those for which it was not suffered to de∣pose Pastors; on the contrary, they banished from Ec∣clesiastical Orders, all those as were any ways touched
with these things, and if they were already promoted, they were removed, as appears by the 29th. Can. of the Council of Eliberi in Spain, * 1.125 assembled in the year 305. By the 16th. of the first Council of Orange in the year 401, in the first Tome of the Councils of France, by the 13th. of the 11th. of Toledo, in the year 675. Tom. 4. Conc. p. 825. it is answerable to what Pope Gela∣sius the First writ to the Bishops of Lucania, at the end of the Fifth Century, Cap. 21. Tom. 3. Concil. p. 636. There might be added to all these Testimonies, Grat. 33. Distinct. Cap. 3, & 4.
Scandalous Vices punishable by the Magistrate, as Murder, Treason, and others, which shall reflect to the great dishonour and scandal of the Church, deserve that the Minister shall be deposed, altho they had been committed not only before his Election, but also in the days of his ignorance; and that in case of continuance in the Ministry, he brings greater scandal than edification to the Church, whereof the Synods shall take account.
St. Paul, who lays down to his Disciple Timothy, the qualities requisite to be in a good Pastor, desires amongst other things, he should be irreprehensible; the Primi∣tive Christians following the steps of this great Apostle, have always with great care debarred from all Eccle∣siastical Offices, those who were not of a very clear reputation, especially such as were vicious and scan∣dalous, whom they never would admit of; and they were so strict herein, that when they came to know after
the Ordination of any one, that he had committed any heinous sin before his promotion (for example the sins of Fornication, or Adultery) they inflicted on him a punishment in some measure proportionable to the great∣ness of his crime; but far less than if he had done it after his Ordination. The Council of Neocaesaria, assembled as is thought in the year 314, the Decrees whereof make part of the Code of the Canons of the Universal Church; this Council sufficiently instructs us of the two things I now have mentioned; for in the ninth Ca∣non it forbids the Celebration of Divine Mysteries to him that shall have confest, or be convinced to have sinned in his body, before his promotion; permitting him nevertheless, for living soberly since his receiving into Priestly Orders, to exercise the other Functions; but in the former, the Fathers intirely depose the Priest which shall have committed Adultery, or Fornication, that is, since his admission into Holy Orders. The Coun∣cil of Valentia in Dauphine, in the year 374, in its fourth Canon, excludes from all Church Dignities, the Bishops, Priests, and Deacons, which declare at the time of their Ordination, that they are guilty of any Crime which deserves death. * 1.126 And that of Orleans in the year 511, And the first of those hold at that place, deposes and Excommunicates, in the ninth Canon, the Priest or Deacon which shall have committed any Capital sin; an Ordinance which the Synod of Epaume renew∣ed, * 1.127 22. Canon of the year 517, in the same Tome of the Councils of France; the rigor of the ancient Dis∣cipline extended so far, as to suspend the Priest who was accused of any evil action, by the People committed to his Charge, altho the Bishop could not prove the things by sufficient witness, * 1.128 and the suspension was to hold till he had fully acquitted himself, that is to say, till his in∣nocency
had appeared to those that thought him guilty. We at least find so by a fragment of a Council of Lerida in Spain, assembled according to the common opinion, in the year of our Lord 524. Those who are convicted of any evil action, are excluded from Holy Orders, by the 61 Canon of the Apostles.
But because in examining the 47th. Article, we defer∣red to treat of the scandalous vices therein mentioned, when we consider this, and the following ones, it is re∣quisite we should say somewhat of each. The Coun∣cil of Lerida above-mentioned, appoints in the same place, to depose those which shall be convicted of Cheat∣ing, Perjury, Robbing, Fornication, and other the like crimes, under which may be comprehended, Drunken∣ness and Quarrelling, both worthy to be punished by the Law; two Sins which are also mentioned in the 47th. Article of our Discipline, without touching at the 55th. Canon of the Synod of Laodicea, which forbids Church∣men to make Feasts, where each person contributes his share and portion; nor at the 24th. which forbids them entering into a Tavern. The Council of Epaume, * 1.129 cited a little before, puts false witness in the number of Ca∣pital Sins, for which it will have Ministers to be depo∣sed. The third of Orleans, in the year 538. speaks of A∣dultery, Thieving, Cheating, of Perjury, or false wit∣ness, in the seventh and eighth Canons, Tom. Conc. Gall. and the 42th. of the Apostles, formally depose against Play and Drunkenness; and the 25th. for the same Sins, as the third of Orleans; And the 54th. excludes from the Communion any one of the Clergy found entring into a Tavern, unless it be in Travelling, that he by necessi∣ty is constrained to lodg in a Tavern, or Inn; and the twelfth Canon of the fourth Council of Tolledo in the year 633, excludes from the Ministry of the Church,
those which are spotted with any crime, or which do bear any mark of infamy.
As for what regards Simony, which according to our Discipline deserves deposition, St. Basil was of the same judgment, as he shews in the Letter which he writ to the Bishops of his Diocess, and which in the new Edi∣tion Printed in England, of the Canonical Epistles of the Holy Fathers, four years ago, makes the 91 Canon of this Holy Doctor. The second Canon of the Council of Chalcedon, without redemption, condemns all Simonia∣cal Ordinations, and deposes as well him which gives, as he which takes Ordination for Money; and serves no bet∣ter, those which intermeddle in this filthy and shameful Traffick. The 29th. of the Canons attributed to the Apostles, is set down in these terms, That the Bishop, Priest, or Deacon, that has obtained this Dignity by mo∣ney, be deposed, with him that gave him Imposition of Hands; and debar'd from the Communion. There's an in∣finite number of other Canons no less severe to those which expose to sale the gift which can't be sold, nor valued, as the Fathers of Chalcedon express it.
The Combinations which our Reformers condemn, and under which they comprehend the support and fa∣vour of great men, whose credit and recommendation may contribute to the promotion of some one; these contrivances, I say, are forbid by the ancient Disci∣pline. St. Chrysostom condemns them highly in his third Homily on Chap. 1. of the Acts of the Apostles. St. Jerome does the like in his Commentary on the first Epist. to Titus. * 1.130 Pope Hormisda in his 25th. Letter to the Bishops of Spain, follows the steps of these two Illustrious Wri∣ters. Gregory the first in several places of his Writings, forbids to confer Orders, or prefer to Church-Offices, by motives of favour, or consideration for persons of Qua∣lity;
so 'tis they express themselves in the 22d and 24th. of the second Book, in the 56th. of the fourth, in the fifth of the seventh, and in the fiftieth of the ninth. Unto all these testimonies may be added, what he writes in the fourth Homily upon the Evangelists, * 1.131 and in his Moral Exposition of Job; the 30th. Canon of those which go in the Apostles Names is formal in the case; If a Bishop employ the great men of the times to obtain a Bishoprick, let him be deposed, and deprived of the Com∣munion, with all those that are concern'd with him. * 1.132 The Eleventh Canon of the Fifth Council of Orleans, in the year 549, prescribes something of the same nature.
Quarelling and Violence, which sometimes is of ill consequence, are punished with deposition in the 65th. Canon of the Apostles. If any one of the Clergy, having a difference with any other, gives him a blow whereof he dies, let him be deposed, by reason of his rashness, and too much passion. And the 27th. involves in the same punishment in general, all those which fight and strike each other.
The ancient Discipline, as well as ours, deposed Ec∣clesiastical Usurers, as appears by the 17th. Canon of the first Council of Nice, which plainly threatens with this punishment, all those of the Clergy which shall be guil∣ty of this Sin. After the definition and prohibition of this great Synod, to this Canon may be added the fourth of the Council of Laodicea, though 'tis not so positive and express; the 44th. of the Apostles is formal in the case.
The crime of Treason and Rebellion, has not been omitted in our Discipline, being it furnishes a just and more than sufficient cause of deposition. If any one, saith the 84th. Canon of the Apostles, offers to injure the King, or the Prince, let him be punished; if he be of the Clergy, let him be deposed; and if a lay-person, let him be Excommu∣nicated.
As for deserting their flocks, by Pastors forsaking them without license, it is punished by the same punish∣ment, by the third Canon of the Council of Antioch, in the year 341; and by the tenth and twentieth of that of Chalcedon. There remains something to be said of Schism, which commonly is attended with Rebellion a∣gainst the Ecclesiastical order, and with a disregard of Ca∣veats and Remonstrances, made to the Authors of these Partialities and Divisions, by those who have right and power to do it. The sixth Canon of the Council of Ganges in Paphlagonia, assembled Ann. Dom. 325. or as I think, much later, has this Decree, If any shall hold private Assemblies out of the Church; and if out of con∣tempt to the Church, they undertake to do that which should be done in the Church only, without so much as having a Priest by consent of the Bishop, let him be Anathema. The 31st. of the Canons which go in the Apostles Names, pronounces sentence of deposition against a Priest who despising his Bishop, altho he has done nothing con∣trary to Justice and Piety, if he makes Assemblies a∣part, and raises Altar against Altar, doing after this manner, he manifests his Tyranny and Ambition; it's true he advises he should be warn'd three times before he is degraded. The fifth Canon of the Council of Antioch is too remarkable to pass it under silence: If a Priest or Deacon (says it) slighting his Bishop, and se∣parating himself from the Church, makes a Congrega∣tion apart, and raises an Altar, and refuses to hear∣ken to his Bishop, when he recalls him, and don't prepare to please and obey him at the first nor second time that he calls him, let him absolutely be deposed, without any reme∣dy for his evil, nor recovery of his place and dignity; and if he continue to stir up troubles and seditions in the Church, let him be punished by the Secular power, as a seditious
person. The first Oecumenical Council of Canstanti∣nople, in the year 381, employs its sixth Canon against those which endeavour to confound and overthrow the Ecclesiastical Order. And the first Council of Ephesus, assembled in the year 431, deprives of all power over the Bishops of the Province, and from all Ecclesiastical Communion, the Metropolitan, who separating him∣self from the holy Oecumenical Synod, has, or shall ad∣here to the Council and Assembly of Apostacy, and Re∣bellion; and moreover declares him incapable of exer∣cising any Office, subjects him to all the Bishops of the Province, and to all the Neighbouring Metropoli∣tans, which make profession of the Orthodox Faith; and to inhance his punishment, it degrades him from the Episcopacy. One may add to this Decree, the 3, 4, and 5th. Canons of the same Council.
Howsoever it be, Rebellion, and the contempt of Re∣monstrances, which for the most part accompany Schism and Divisions, did not find in the Discipline of the Ancients more kind entertainment than in ours, seeing that after two or three Advertisements and Sum∣mons, they proceeded, as has already been seen, to the degrading of obstinate and rebellious Clergy-men. So it was done to Nestorius, who was cited three times be∣fore he was condemned, as is evident by the Acts of the first Council of Ephesus. It was also the manner of proceeding used against Macarius Bishop of Antioch, a Monotholite, towards the end of the seventh Century: In the Sixth Oecumenical Council held at Constantino∣ple by the Emperor Constantine Pogonat, or the * 1.133 Hairy; and it may be said, 'twas the usual practice of the Church. The 74th. Canon of the Apostles explains it self at large, for it orders, when a Bishop shall be accu∣sed, the Bishops shall summon him; and if he appears,
and that he confesses, or is convicted of the crime he is accused of, they shall declare what punishment he has deserved; but if being summoned, he don't appear, it requires to send two Bishops to cite him a second time; and if he fails again, that two others be sent to cite him a third time; and if through contempt and rebellion, he refuses to appear after those three Citations, it re∣quires the Synod to pronounce against him what they shall think fit, fearing lest flying from judgment, he may think to have gained his Cause.
I almost forgot to have spoke a word of Dancing, and other Disorders which are prohibited to our Ministers, in the 47th. Article, which is very conformable to the 45th. Canon of the Council of Laodicea, especially if also one considers the 35th. of the same Council.
If a Minister be convicted of enormous and notorious Sins, he shall speedily be deposed by the Consistory, calling unto it the Colloque; or in default of it, two or three un∣suspected Ministers. And in case the guilty Pastor complains of wrong and injury, the whole matter shall be reported to a Provincial Synod. If he has Preached Heretical Do∣ctrine, he shall presently be suspended by the Colloque, the Consistory, or two or three Ministers thereunto called, as a∣bove, until such time as the Provincial Synod has deter∣min'd the case, and all sentences of suspension for whatsoe∣ver it be, shall nevertheless admit of appeal, until final judg∣ment be given.
Altho this Article hath been already explained in what has been deliver'd in the preceding ones, yet I will add something for the fuller clearing of it; I say then, it was so done in regard of Paul of Samosatia, Bishop of Antioch, who being convicted of Heresy, was presently Depos'd, as Eusebius informs us. The 25th Canon of the Apostles, ordains to inflict the same punishment on Bishops, on Priests, and Deacons, which shall be con∣victed of Fornication, of Perjury, and of Robbery; and a Council of Lerida, of which we have already made mention, shews no more favour against Church-men convicted of enormous and crying sins, alledging for a reason, That their vicious examples are a scandal to the People of God. The second Council of Sevill, in the Year 619. decrees in the 6th Canon, That it should be done by authority of the Synod to which it refers, as our Discipline does the definitive Judgment of these Depo∣sitions, Tom. 4. Conc. Pag. 559.
The Reasons of the Dposition shall not be divulg'd to the People, if necessity don't require it; whereof those which shall have judged of the Depositions, shall do as they shall think convenient.
This Establishment in regard of deposed Ministers, is like that of Pope Leo I. in regard of those who were to do publick Penance; for being inform'd that in se∣veral
parts of Italy, the Bishops caused publickly to be rehers'd the Sins of those which were to do Penance, * 1.134 he condemns this practice, and expresly forbids to do so for the future; * 1.135 and a long time before Leo, St. Basil declares, That the Fathers had prohibited to divulge to the People, the Women which were guilty of Adultery, either by their own Confession, or after having been convicted of it.
The National Synods shall be advertis'd by the Provincial ones, of those which shall be Deposed, to the end they should not receive them.
In the Primitive Church, when any Pastor was De∣posed, advice was given to all the Churches, to the end that none should receive him; * 1.136 according to which, after the Synod of Antioch had Deposed Paul of Samosa∣tia, in the 3d Century, for Heresy, it wrote a long, fair Letter, to all the Bishops, and to all the Churches in general, to inform them at large, of all that had passed in the Condemnation of this great Heretick. Alexander Bishop of Alexandria, having Condemned Arrius, and his adherents, he also writ to all the Catholick Bishops, To the end, * 1.137 saith he, that you should not receive him, if by chance he should have the confidence to go to you, and that you should not give credit to what Eusebius, or any one else may write to you in his behalf: St. Hillary, Bishop of Poictiers, informs us in his Fragments, That the Western Bishops, Assembled at Sirmium, in the year 350.
having Anathematiz'd the Heretick Photin, they sent into the East the Decree of his Condemnation, to inform them after the usual manner, of what they had done against him. * 1.138 Theodoret has preserv'd to us in his Ec∣clesiastical History, the Letter of a Council of Bishops in Illyria, writ about the Year 370. by which, amongst other things, they inform the Churches of God, and the Bishops of the Diocesses of Asia, of the Deposing of certain Clergy-men, * 1.139 infected with the Impiety of Ar∣rius, whose Names they express. Accordingly the Fa∣thers of Chalcedon, say, in their Relation to the Emperors, that the Sardick Synod, gave notice into the East, of what they had done against the remains of Arrius, as the Eastern Bishops did those of the West, of their De∣cree against Apollinarius: They went yet further; for they published these Sentences of Deposition in the Churches which had been advertis'd of it. In short, St. Austin in his 3d Book against Petilien, Chap. 39. makes mention of a Deacon called Splendonius, which had been Depos'd in part of Germany, and the Decree of his degradation was read in the Churches of Africa, when they had received notice of it by the Prelates which had condemn'd him.
Ministers which have been Depos'd for Crimes which de∣serve signal punishment, or that bear marks of Infamy, can∣not be restored to their Office, what acknowledgment soever they make. As for other less faults, after due ac∣knowledgment made, they may be restor'd by the National Synod, however to serve in another Church, and not other∣wise.
The 28th Canon of those ascribed to the Apostles, appoints to separate wholly from the Communion of the Church, the Bishop, the Priest, or Deacon, which having been Depos'd for notorious Crimes, has never∣theless the confidence to reassume the Ministry which had been committed to him; the 4th of the Council of An∣tioch leaves him no hope at all of being re-establish'd; no not so much as liberty to defend himself, or plead his Cause in another Synod. The 5th Canon treats not more favourably, Rebels and Schismaticks; the 14th and 15th confirms the judgment of the Provincial Synod, unless in case the Opinions were divided; in which Case, they prescribe to call other Judges of some adjacent Province. The 29th of the Council of Chal∣cedon, speaking of Bishops, which from the Episcopal Degree are descended to that of Presbytery, it declares, That if they are condemn'd for just Cause, they are not worthy of the Honour of Priesthood it self. To this Settlement may be referr'd the Canons which descend to receive to the Communion in a Church, or Pro∣vince, those which have been Excommunicated in ano∣ther; as the 5th of the 1st Council of Nice, the 6th of that of Antioch, the 32 of the Apostles, and divers others.
After all, the Constitution of our Discipline which we examine, gives Power to Synods to restore after due acknowledgment, those which have been depos'd for lesser faults, but to serve in another Church; which in sub∣stance, * 1.140 is one of the Decrees of the Council of Lerida, which we have cited several times; there's something much like this in the 11th Canon of the Council in
Trullo, at the end of the 7th Century, Tom. 5. Conc. Page 329.
Vagabonds, that is to say, those which have no vocation, and that intrude into the Ministry, shall be suppressed; and whatsoever the Provincial Synods do, as to prohibiting the Ministry, it shall have the same virtue and effect, as if the National Synod had enjoin'd it.
The 6th Canon of the first Oecumenical Council of Constantinople, may well be applied to this Article, see∣ing it was made against those which endeavour to con∣found and overthrow the Ecclesiastical Order; In the year 752. was held a Council at Verberie in Valois, * 1.141 (it was a Royal House in the Diocess of Soissons near Champaigne). The 14th Canon of which, is against wandring and straying Bishops. The 22d of that of Mayence in the year 813, in the same Volume, pag. 281. is also against wanderers; as also the 101st. of the Synod of Aix la Chappelle, in the year 816. the same, page 376. And to conclude, the 5th of the 2d Council of Toul, Assembled at Tousi, in the same Diocess, Anno Dom. 860. by Order of Charles the Bald, and of Lothaire; to all these Canons may be added, the 13th of the Sy∣nod of Vernon, under Pepin, in the Year 755. Tom. 1. Conc. Gall. pag. 3.
Those which are declared Vagabonds, Apostates, Hereticks, Schismaticks, shall be proclaim'd in all Churches, that they might beware of them, and a List of their Names shall be deliver'd to the Provincial and National Synods.
What we have said on the 52d Article, is very pro∣per for this, therefore it is needless to repeat it.
Those who have been put in the number of Wanderers, by advice of the National Synod, cannot be struck out but by another National Synod.
There's nothing in this Establishment, but what is conformable to the method of Ancient Canons, which frequently remitted differences to be determin'd at Sy∣nods, to the end, that being decided this way, every body should acquiesce to their determinations, especially when it was transacted by the Synods of the whole Dio∣cess, which comprehended several Provinces, and to which do answer our National Synods; this appears by several Canons of the Councils of Nice, of Antioch, of the 1st of Constantinople, and others; the 22d of the Council of Mayence, alledged by us on the 54th Article, does expresly refer the question of wandring Church∣men, to the Censure of the Synod.
Those which shall insinuate themselves into the Ministry, in the Provinces and Places where the pure Ministry is al∣ready Established, shall be duely advertised to desist, and in case they persevere, they shall be declar'd Schismaticks, as also those which adhere to them, if after the like warning they do not leave them.
No one, saith the Apostle, ought to assume to him∣self the Honour of the Ministry, unless he be lawfully called to it; therefore 'tis with great reason, that the Authors of our Discipline appoint, That the temerity of those should be reproved, which intrude into the Ministry without Vocation, both in the Country, and other places, where the Ministry is already Established. It is on this account that the Author of the pretended Canons of the Apostles, * 1.142 prohibits Lay-persons to perform any Function of the Sacred Ministry of the Church, as to Christen, to Administer the Lord's Supper, and the laying on of hands; and declares, That those which shall undertake it without being called, shall be pu∣nished with the punishment of Ʋzza. It is for the same reason, That the Ancient Canons forbid Bishops (on pain of Deposing) to meddle out of their Diocesses, or there to make Ordinations, to the prejudice of their Brethren. It is just the same as is enjoyn'd in the 35th of the Apostles; to the which may also be added the 12th and the 16th of the 1st Council of Nice, which say something near the same matter. The 8th of the 1st Council of Ephesus, in the Year 431, is more formal;
for upon occasion of the Incroachments which the Bishop of Antioch made on the Isle of Cyprus, the Fathers ap∣point, That each Province shall enjoy its Privileges, and forbids Bishops to incroach, or make themselves Masters of places which have not been always under their Con∣duct, with Express Command to restore those they had usurped, that the Authority of Ancient Canons may not be trampled under foot: To all which may be added, part of what I have observed on the 18th and 24th Ar∣ticles; and besides, what Socrates has writ of one Ischy∣ras, which was of St. Athanasius his Diocess, and who never having been preferr'd to the Honour of Priest∣hood, had nevertheless the impudence to assume the Name, and do the Functions of a Priest; which the Historian judged worthy of several deaths. It's true, this inconsiderate Person in all likelihood acted after this manner, thinking he should be favour'd by the Arrians, which were Enemies to Athanasius, which suc∣ceeded accordingly; for they advanc'd him to be Bi∣shop, as appears by the 20th Chapter of the 2d Book of the same Socrates. Zozomen calls him Ischyrion, in the 12th Chap. of the 3d Book of his History.
THE Churches shall use their best endeavour to Erect Schools, and shall give Directions, that Youth be in∣structed.
The instruction of Youth being of the greatest im∣portance for establishing of the Truth, for advancing the Glory of God, and for the Edification of his People, it was great reason to procure amongst us the means of doing it, wherein our Fathers have exactly followed the Example of the Primitive Christians, who neglected nothing for the Educating of their Children; for not to insist on Grammar, or Rhetorick, to which Schools they sent them, until the Emperor Julian the Apostate (who gain'd this Name by his falling off from the Truth) forbid the Masters of those two Arts, to teach them to Christians; which Amianus Marcelinus, though a Heathen, condemns as an Action directly contrary to the Laws of Clemency and Equity; not to insist, I say, on these things, no more than on other humane Scien∣ces, the knowledg of which they were no strangers to; Who don't know, that their principal study was to understand the Truths of the Holy Scriptures, the Mysteries of Piety, and of Religion; It was for this
Reason, that from the very first beginning of Christia∣nity, they had publick Schools, wherein the principal Matters, and Fundamental Points of the Religion of the Son of God, was taught; as has been proved on the 13th Article of the 1st Book.
Now to descend lower, I observe, that Charlemain, who may be looked on as the first restorer of Sciences, in a great part of the West, I say, he took care to settle Schools in Monastries, and Episcopal Houses, for the Instruction of Youth; it is what he particularly enjoins in his Capitulary, * 1.143 in the year 789. Theodulph Bishop of Orleans, declares in his, made Eight years after the other, That there were several Schools in his Diocess, which he names; and moreover appoints to have others in the Country, and in Villages. The 2d Council of Chalous on Soan, made a Decree in the year 813. * 1.144 which deserves here to have its place. It is requi∣site, that according to the command of the Emperor Charles, a Prince endowed with singular Sweetness, Force, Prudence, Justice, and Temperance; Bishops should Establish Schools, where the Doctrine and Knowledge of the Holy Scriptures may be Learned, and where persons may be instructed, of whom our Saviour may justly say, Ye are the Salt of the Earth, and may be the savour of the People, and whose Doctrine may not only resist sundry Heresies, but also the temptations of Antichrist, and the Antichrist himself; and that so it may justly be said of them, in praise of the Church, A Thou∣sand Bucklers, and the Arms of Men of might, are there. The Synod of Paris, * 1.145 term'd the VI. in the Year 829. make request to Lewis the Debonnair, in following his Predecessors steps, That he will be pleas'd, by his Au∣thority, to procure the Establishment of some publick Schools, at least in three of the most convenient places of his Empire; to the end, that his Father's, and his
pains, might not be in vain: Besides, that this Establish∣ment would be very useful, and glorious to the Church of God; and that by this Action, he would make his name Immortal. The Council of Meaux, * 1.146 in the Year 845. requires, that each Bishop has a Learned Man, of a good and unblameable Life, to teach and instruct Priests, which have the care and conduct of People, in the truth of Faith, and in the observation of God's Commandments; and to enable them to Preach, that the Light of the Word of God may shine always in the House of God, which is the Temple of the Living God. It is also the substance of the 18th Canon of the 3d Council of Valentia in Dauphine, * 1.147 assembled Ten years after that of Meaux; of the 34th of a Roman Synod held in the 9th Century, * 1.148 under Pope Eugenius the 2d. and which is repeated, and inlarged in another under Leo the IVth. in the same Century.
The Regents and School-masters, shall sign the Confession of Faith, and the Ecclesiastical Discipline; and the Cities and Churches shall not receive any without the consent of the Consistory of the place.
The Regents and Masters of Schools, which serve in our Academies, especially Professors of Divinity, be∣ing called to teach their Scholars the same Truths, as those Ministers are oblig'd to Preach to their Congre∣gations, and to have them live under the Law of the same Discipline; it is just, they should, as well as the Ministers, sign our Confession of Faith, and our Disci∣pline,
to the end their Lessons may be always con∣formable to the former, and their Actions to the latter; as well in regard of themselves, as of those which de∣pend on their Conduct. I will not here repeat what I have said on the 9th Article of the 1st Chapter, and which may conveniently be applied to that we now Ex∣amine; it shall suffice to add, that what we expect of our Regents, is in substance the same thing as the Protestations made by Doctors in Universities, amongst the Latins, Not to say nor write any thing contrary to the Holy Scriptures, and the Decrees of Coun∣cils.
The Doctors and Professors in Divinity shall be Elected by the Synod of the Province where the Academies are, and shall be Examin'd, as well by the Lessons they shall make on the Old and New Testament, according to the Authentick Texts of Hebrew and Greek, which shall be delivered to them, as by Disputation, of one or more days, as shall be thought fit; and being found capable, if they are not Pa∣stors, the hand of fellowship shall be given them, having first of all promised faithfully and diligently to discharge their Duty, and to Teach the Scripture with all purity, according to the Analogy of Faith, and according to the Confession of our Churches, which they shall subscribe.
The Council of Chalons, which was cited upon the first Article, refers to Bishops, and by consequence to their Synods, the Choice and Establishment of those which are to Teach Divinity, and the Mystery of Sal∣vation;
and that of Meaux, which we also cited on the same Article, prescribes the Gifts and Qualities, as well for the Doctrine, as the Life and Conversation; so that we may say, it amounts near to the Establishment of our Discipline, if you except only the form and manner of installation, whereof these two Councils make no mention at all Pope Alexander the 3d, * 1.149 in his Lateran Council An. 1189. uses the 18th Canon, to provide for the establishing and preserving of Schools, in appoint∣ing Pensions to Masters and Regents; it is the subject of the 11th Canon of another Lateran Council, 36 years after that, under Innocent the 3d, which also de∣clares, There ought to be in each Metropolitan Church a Doctor in Divinity, to expound to Priests and others, the Holy Scriptures, and to instruct them in things ne∣cessary for the guide of Souls.
To the end there might be always good store of Pastors, and that Churches may be always well provided with persons capable to conduct them, and to Preach the Word of God; the Churches are advertis'd to Elect hopeful Scholars, such as are already well advanced in Learning, to keep them at Ʋniversities, that there they may be fitted and prepared to be employed in the Holy Ministry, incouraging the Children of poor Ministers, which are apt for Learning, whereof the Col∣loques shall take notice. Kings, Princes, and great Lords shall be desired and Exhorted to assist herein, and to con∣tribute part of their Revenue, as also opulent Churches. The Colloques, and Provincial Synods shall give advertisements where and when they shall see occasion, and shall use all con∣venient means, that things so necessary might be brought to good effect; and if single Churches can't do it, neighbour∣ing
Churches shall join together, that at least there might be a maintenance for each Colloque; and that rather than fail, the 5th Penny of the Alms-money be set apart for this use, if it may be conveniently done.
It appears by the 14th Canon of the Synod of Epaum, Assembled in the Year 517, That it was practis'd at that time just as our Discipline prescribes; for it ap∣points to him of the Clergy that shall have received any Gratification and Present from the liberality of the Church wherein he liv'd, that he should return it back again, if he be advanced to be Bishop of ano∣ther Church; it appears to me, this cannot be under∣stood, but of the assistance was given him during the time of his studies, seeing that from the very moment any one entred into the Service of a Church, he was to have his support and maintenance from it. It was in this regard Theodolphus, Bishop of Orleans, permitted the Priests of his Diocess, in the Year 797. to send their Nephews, or some of their Relations, unto the School he names, which they shall like best, there to be Taught and Educated. There's something like this in the Seminaries, which the 2d Council of Toledo, as 'twere, founded in the Year 530. and the 4th of the same place, An. 633. Can. 23, or 24. Tom. 4. Conc. Page 588. Not so much as the Council of Trent, but made a Decree in the 29th Session, Anno 1563. for the Establishing these Seminaries, Tom. 9. Conc. Page 409. cap. 18.
In each Church there shall be appointed Propositions of the Word of God amongst the Scholars, according as the convenience of the place and persons shall permit, where the Pastors shall be present, as well to preside, as to direct and help the said Students.
The Exercises here prescrib'd, have no other scope, but to fit and prepare Students in Divinity for Preach∣ing, and to put them in a condition to Preach the Gospel to Edification, with profit; which agrees very well with the Establishments of the Synods of Chalons, and Meaux, which we cited on the first Article.
IN those places where the Order of Discipline is not yet Established, the Election as well of Elders as of Deacons, shall be made as well by the common voice of the People as of the Ministers; but where the Discipline is already established, it shall pertain to the Consistory with the Pastors, to make choice of the fittest Persons, by ardent Prayers, to that effect; And the Parties shall be expresly nominated publickly in the Consistory; and to those which shall be chosen, the Office shall be read, to the end they may know the business they are to be employed in. If they consent to it, they shall afterwards be nominated to the People two or three Sundays, that so the consent of the People may also intervene; and if there be no opposition the third Sunday, they shall be publickly admitted by solemn Prayers, they standing before the Pulpit, and so shall be setled in their Office, subscribing the Confes∣sion of Faith, and the Ecclesiastical Discipline; but if there be opposition, the Matter shall be decided in Consistory; and if it cannot be there determin'd, the whole shall be transmitted to a Colloque, or Provincial Synod.
Having treated of Ministers, and the Schools where they ought to study to attain to the Office of the Holy
Ministry, it follows in order, to speak of those which partake with them of the care in Governing the Flock; That is, of Deacons, and Elders, which amongst us are Secular persons, serving in the Church, and distin∣guished from Ministers; or to speak with the Fathers, from the Clergy; it is then of these two sorts of Per∣sons, and of their Election, that I am to treat, in examining this Article, according to the design and in∣tention of the Compilers of our Discipline.
I'll begin with the Deacons, which as every body knows, are of Apostolical institution; In effect, we find in the 6th Chapter of the Acts, That the Apostles giving themselves up wholly to the Preaching of the Gospel, they desir'd the Church of Jerusalem to chuse out certain persons of good repute for Wisdom and Piety, that they might commit unto them the care of the Poor, which they express, by serving of Tables, that by this means they might the more conveniently attend to Prayer, and Preaching of the Word. St. Chrysostom observes on this place, that this was the first establishing of Deacons, the very name not being till then known, that is, in the Christian Church; as for the Jewish Church, they had their Deacons, as Epiphanius writes in the Heresie of the Ebeonites, which is the 30th, they were called Azanites; and thence probably 'twas that the Apostles took the Original of Christian Deacons; and they called them so, because they served at Tables, and at the distributing of Money to the Poor; It was to that time, those which followed St. Chrysostom, and wrote of the first institution of Deacons, writing on the Acts of the Apostles, as Beda and Orcumenius, have refer'd it.
As for Lay-Elders, such as ours be, I do not find their institution in Scripture, as that of the
Deacons is found; as for the Elders of the Christian Churches, whereof there is mention made in several places in the New-Testament, I am fully persuaded that by them is to be understood Pastors themselves, which were called indifferently Elders, or Priests, and Bishops; I do not except that famous passage, chap. 5. vers. 17. of the 1st Ep. to Timothy.
It is certain that these Elders were all of the same Or∣der, that is to say. They were all Pastors; but because there were several in the same Church, and that some were sitter for Preaching the Word than others, they gave them different employments, according to the di∣versity of Gifts; in my judgment there needs no other proof of this Truth, than the right of Precedency which St. Paul attributes indifferently to all, which he would not have done, had they not been all of one Or∣der; the Greek word also, which he uses, ordinarily imports a precedency which is due only to Pastors, which the Ancients frequently design by this name, particularly Justin Martyr.
But notwithstanding this, I make no question, but the Original of our Elders is very Ancient, and that it ap∣proaches very near to the Apostles days, if they be not rather themselves the Founders of them; and what con∣firms me in this Opinion is, that they establish'd in the Church a Government like that of the Synagogue, a Christian Presbytery, instead of a Jewish one; and as there were Elders amongst the Jews, which had share in Governing the Synagogue, it is very probable that there were also Elders amongst the Christians, People which had part in that of the Church, if not at the very first birth of Christianity, at least there was as soon as the number of them was increased in so great a manner; for then it was there was need of establishing this sort
of Government I have spoke of, and of which the Holy Pen-men have not mentioned the time of its settlement; because it may be they had no particular occasion of doing it, as St. Luke had of writing the History of the Institution of Deacons, which probably might also have been unknown to us, if the murmuring of the Greeks against the Jews, because their Widows were neglected at the ordinary Service, had not oblig'd him to transmit it in writing.
However it be, That it may not be imagin'd I only insist on meer conjectures, and conjectures utterly desti∣tute of the Authority of Tradition, I'll produce the for∣mal Testimony of Hillary, Deacon of Rome, a Writer of the 4th Century, who speaks in this manner. * 1.150 The Synogogue, and the Church afterwards, had Elders, without whose advice nothing was done in the Church; and I can't tell by what negligence the same has been abolish'd, if it be not probably by the slothfulness of Doctors, or rather through their Pride, to make it be believ'd they are some-bodies: It appears plainly by these words of the Deacon Hillary, That the Church had her Elders, as well as the Syno∣gogue, and that very early she began to make use of them, when he began to write his Commentaries on St. Paul's Epistles; for he complains of the abolishing this holy Custom, which in all likelihood held a consi∣derable time after its first institution, and in the very place it self where it was extinct by the negligence and malice of vain and ambitious Men; which doth justify, as I take it, what I have said of its Antiquity, that is to say, That the first establishing of it was by the Apostles, or at least by their immediate Successors, if it were so that we could not find the Footsteps in the Monuments of Ecclesiastical Writers, that immediately followed the Age of the Apostles.
Nevertheless, who knows but Claudius, Ephebius, Va∣lerius, Biton, and Fortunatus, which St. Clement, Disciple of the Apostles, sent to the Church of Corinth, with the Excellent Letter which he wrote to appease the troubles wherewith it was agitated; who, I say, can tell but they were of those Elders whose original In∣stitution we seek for? for he says nothing at all which may induce us to think they were either Pastors, or Deacons. Moreover, in the third Century, Firmilli∣an Bishop of Caesaria in Cappadocia, and one of the most celebrated Prelates of his time, makes mention of El∣ders, which he joyns with Pastors, for the treating of affairs which concerned the good and edification of the Churches, * 1.151 We meet together, saith he, every year, El∣ders and Ministers, to settle and order matters committed to our care, and with common consent to treat of the weigh∣tiest and most important affairs. About fifty years after, Mensurius Bishop of Carthage, having received orders to follow the Emperor's Court, he committed to the trust of certain Elders, saith Optatus of Milvetan, se∣veral Ornaments of Gold and Silver, which appertain∣ed to the Church: But afterwards he made a Note of them, which he gave to an old Woman, with orders to give it to his Successor, if it hapned that he died in his Journey, as it fell out he did; so that Cecilian having been Established in the place of Mensurius, the Woman failed not to give him the Note she had, by vertue of which he called for those Elders to whom Mensurius had committed this trust, in the belief he had that they were good honest men; but these perfidious persons, willing to satisfie their own covetous desires, converted the Gold and Silver to their own private uses, Cecillian was frustrated of his expectation; and as he was going about to compel them, they rent from the
Communion of the Church a good part of the People, and began the Schism of the Donatists, which prov'd so destructive to the Churches of Africa. And what in∣vincibly proves they were Lay-Elders like ours, is, that Optatus expresly distinguishes them from Botrus, and Celesius, which were of the Clergy of the Church of Carthage, and who not attaining to the Degree of Bi∣shops, to which their ambition made them aspire, they herded with these corrupt Elders, together with Lucilla, a factious and powerful Woman, who of a long time endeavoured the ruin of Cecilian.
See here already sufficient Arguments of the truth of the matter we examine; nevertheless because many do imagin that our practise in regard of Elders, is new and unknown to the ancient Church, it will not be a∣miss to insist a little longer on this subject, and to al∣ledg farther proofs, the better to establish the Antiquity of the practise which we defend. I'le begin with the Acts of Justification of Cecilian, and of Foelix of Ap∣tonge, his Ordainer, which are at the end of Monsieur de Laubespine Bishop, of Orleans, his Notes on Optatus Bishop of Mileva in Numidia. In these Acts, which are ancienter than the Council of Nice, there are se∣veral things which directly regard our Subject, as what is said on occasion of Money given by Lucilla a Woman of Quality, to have made Majorinus Bishop, * 1.152 That all the Bishops, the Priests, the Deacons, and the El∣ders, had knowledg of it. And some lines after, a Bishop called Purpurius, writes to Silvanus Bishop of Cirthe, who was accused of several things, To employ those of his Clergy, and the Elders of the People, which are Ec∣clesiastical persons, to the end they might give an ac∣count of the nature of these dissentions; and in the following page there is mention made of a Letter writ to
the Clergy, and to the Elders; and six pages after, one Maximus saith, * 1.153 I speak in the name of the Elders, and Christian People of the Catholick Law.
St. * 1.154 Austin in his third Book against Cresconius, speaks of a stranger Priest, and the Elders of the Church of the Country of M••slitan▪ The Title of his 137th. Let∣ter is conceiv'd in these terms: To my beloved Brethren, the Clergy, th•• Elders, and all the People of the Church of Bonne, * 1.155 or Hippone, whom I serve in the Love of Jesus Christ. There is in this same Father's Sermons on the Psalms, a Synodal Letter of the Cabarsussitan Coun∣cil, which speaking of Primian the Donatist, saith, He was given to be Bishop to the People of Carthage, ac∣cording to the request made of the Elders of the Church by Letters. And in the next Page, there is again mention made of Letters, and Deputies of the Elders of the Church. In the Nineteenth Sermon on the words of our Lord, which is the third in the Appendix of the 10th. Tome, he makes appear wherein consisted one part of the Duty of their Employments. The 100th. Canon of the African Code, attributed to the Council of Carthage in the year 407, speaks three several times of the Elders at Nova Germania; and because there had been some difference betwixt this Church and Mau∣rentius its Bishop, and that nevertheless the Elders de∣puted in this affair to the Synod, appeared not, the Council assigned to Maurentius, the Judges he desired, and left to the choice of the Elders, tho absent, the nomination of those that should be needful to compleat the number; and what is very remarkable in this con∣juncture is, that these Elders defended the right of the People, which were the Bishops opposite party, who complained of their outrage and calumnies.
What I have hitherto writ, does clearly shew, that when the Deacon Hillary complained that the use of El∣ders was abolished, he had a regad to Italy, where it had indeed hapned in sundry places, though the same practise continued elsewhere, as I have justified by many Examples after the time in which this Roman Deacon wrote. I now proceed on farther, and do say, this custom was not extinct in France and Sicily at the end of the Sixth Century; I say first of all in Sicily; for Pope Gregory the First writ to John Bishop of Palermo, * 1.156 and recommends two things to him, one was, To esta∣blish a Receiver by consent of the Elders and Clergy, to give an account yearly, to take away all suspition of fraud: The other was, not to give easie credit to reports that might be made to him of his Clergy, but carefully to examine the truth in presence of the Elders of his Church. I say in the second place, this same practice was obser∣ved in France. In effect, Gregory of Tours has transmit∣ted to us the Letter of an Assembly of Bishops held at Poictiers by the King's Command, to take course a∣bout the disorders of the Monastry of St. Radegonda; * 1.157 and in this Letter the Abbess confesses amongst other things, that she received Earnest for the Marriage of her Neece which was an Orphan; that she received it in presence of the Bishop, the Clergy, and the El∣ders. And in the year 585. King Goutran makes ex∣press mention of the Elders of the Church, which he di∣stinguishes from the Clergy, in the Edict which he addresses to the Bishops and Judges of his Kingdom. Tom. 1. Conc. Gall. p. 391. I can't say but Agobard Bi∣shop of Lions in the ninth Century might design these same Elders, * 1.158 when complaining of Persons of Quality that abused Priests they had in their Houses: He saith, That by reason of these Domestick Chaplains, They
forsook the Churches, the Elders, and the publick service.
Now it follows, I must treat of the form and manner of Electing our Deacons and Elders. The Establish∣ment I examin, distinguishes the places where the Dis∣cipline is not yet setled, from those where it is already received; in the former it requires Election should be made by the Votes of the People and Pastors: In the other, it appoints, that nomination shall be made in the Consistory, and that it shall be signified to the People, to have either their consent, or their refusal; because their Establishment depends on the liking and approba∣tion of the People; the nomination made in the Con∣sistory, no way depriving the People of their Right, seeing the most part of those which do it, that is to say, the Elders and Deacons, do represent the People, and are invested with its power and rights. It is therefore of the People, either mediately, or immediately, that de∣pends the Establishing of Elders and Deacons amongst us. And herein our Discipline has Religiously follow∣ed the practice of the holy Apostles, who referred to the liberty of the People, the Election of the Seven Dea∣cons; the History whereof is mentioned by St. Luke in the 6th. Chap. of the Acts. And 'tis not only in regard of Deacons the Apostles proceeded in this manner, they would also that the whole Church of Jerusalem should have share in Establishing Matthias, * 1.159 who by common consent was added to the Number of the Eleven Apo∣stles; and when they Ordained ordinary Pastors, doubt∣less they did it by the advice of the Assemblies of the People, to the conduct of whom they intended to com∣mit them. Which example the succeeding Christians imi∣tated very exactly, as we have made appear on Artic. 4. of the first Chap. Our Discipline does not therefore prescribe any thing as to what regards the Election of
our Elders and Deacons, but what is very conformable to the practice of the Apostles, and to that of the Pri∣mitive Christians; in short, if in the first Ages of Chri∣stianity the People had a good share in the Vocation of Ministers, of greater reason had they in Establish∣ing of Elders, which were, if it may be so said, the Executors of their Will, and the dispencers of their Rights. And if our Ministers by the ninth Article of the first Chapter, are obliged to sign our Confession of Faith, and Ecclesiastical Discipline, agreeable to what was practiced in the Primitive Church, it cannot be thought strange, that we should also oblige our Elders and Deacons to sign them, because they make up one body with the Ministers of each Church, and do par∣take with them of the conduct of the same Flocks.
Hence forward, as much as possible may be avoided, there shall not be elected for Elders and Deacons of the Church, those which have Wives contrary to the true Religion, accor∣ding to the saying of the Apostle: Nevertheless, that the Church may not be deprived of the labour of several good persons, who by reason of the ignorance of past-time, have Wives of a contrary Religion, they shall be dispensed withal for the present necessity, provided they shew their readiness in instructing their said Wives, and in desiring them to joyn themselves to the Church.
Having established, as we have done, the first Arti∣cle, this has no difficulty in it; for St. Paul requires, * 1.160 That Deacons should hold the mystery of the Faith in a
pure Conscience. He also requires, That their Wives be faithful in all things; and by consequence, in those of Religion and Piety, which should be the only Religion of Jesus Christ both in Husband and Wife, to avoid the great inconveniences which happen by diversity of Re∣ligions, which Tertullian represents very well to his Wife in the Second Book he wrote to her.
The Office of Elders is to have care of the Flock, with the Pastors; to take care the People come to the Assemblies, and that every one frequent the holy Congregations; to give notice of misdemeanors and scandals; to take cognizance, and judg of them with the Pastors; and in general, to have care with them, of all such like things which concern the Order, Support and Government of the Church; so that in each Church there shall be a form of their office in writing, ac∣cording to the circumstance of time and place.
In the Christian Church there has ever been persons appointed to take care of the conduct of those which were Members of it, and to watch over their Flocks, to the end no scandalous actions should be committed therein, nothing that should be unbecoming the pro∣fession of the Gospel. Origen at least tells us, that in his time, which was the third Century, it was so pra∣ctised; for he declares in his answer to Celsus, that there was in the Churches, * 1.161 Persons established to take notice of the life and conversation of those which imbraced the Christian Religion; that when they committed any evil actions, to expel them out of the Congregations; and on
the contrary to receive with great affection all those which lived orderly and well, to the end to improve and make them better from day to day. Tertullian, before Origen, * 1.162 had sufficiently intimated this same practice, speaking in his Apologetick of Censures inflicted on sinners in Christian Assemblies, which banished from their Com∣munion those which were convicted of heinous offen∣ces; for example, of Idolatry, Murder, and of Forni∣cation; which proceeding shews there was in each Church persons intrusted to keep watch over the life and manners of the People; and these persons were the same which we call Elders, which also is the name St. Austin gives them in the nineteenth Sermon on the words of our Lord, and which at this time is the third in the Appendix of the tenth Tome. In this Sermon, which others attribute to Maximus Bishop of Turin, and which is the 66th. amongst those of St. Ambrose, there is to be seen the Name and the Office of Elders, the same in effect as they are amongst us; for the Au∣thor, whoever he be, having observed that Soldiers, and those in any Office, could not bear to be reprov'd, and to be told of their Duty, he speaks after this man∣ner: When the Elders reprove them for any misdemeanor, and that any of them are asked why they are drunk? where∣fore they took away other folks goods? wherefore they com∣mitted murder. They presently answered, What would you have me do? being one of the World, and a Soldier? Do I profess to be a Frier, or a Clergy-man?
The office of Deacons is to collect and distribute by dire∣ction of the Consistory, the Money belonging to the Poor, to Prisoners, and to sick folks, to visit and have care of them.
It appears by Chap. 6. of the Acts of the Apostles, that the Office of Deacons is what our Discipline does represent, because they were first of all appointed to serve at Tables; that is to say, to take care of the Poor. Oecumenius in his Commentaries on this Chapter of the Acts, I now mentioned, observes expresly, that they were appointed to distribute to Widows and Orphans, with care, the things necessary for their subsistence: According to which, the Enemies of Cecilian Bishop of Carthage, laid it to his charge as a great crime, That being Deacon, he hindered people from giving meat to the Martyrs, whereas he ought to have car∣ried them some himself. * 1.163 Cardinal Julian, who presided at the Council of Basle, remonstrates to Pope Eugenius the Fourth, That there are several things he ought to do himself, and others which he may refer to the care of those which are under him, after the example of the Apostles; who to attend the more free∣ly to the Preaching of the Word, instituted seven Dea∣cons, which served Tables, and the administration of things of less weight.
It is nevertheless true, * 1.164 that in the time of Justin Martyr, it was the Pastor that distributed the Money to the Poor, which was appointed for their Maintenance, which was given by Peoples Charity. But this Di∣stribution in all likelihood was made by the Ministry of Deacons. * 1.165 Tertullian indeed in his Apologetick declares, one had care of the Poor, of Orphans, of Old Folks, of those which had lost their Goods by Shipwrack, of those which laboured in Mines, who were banished in∣to Islands, or detained in Prisons for the Gospel sake;
but he don't mention by whom it was done. The Church of Rome in the time of Cornelius its Bishop, that is, about the middle of the third Century, * 1.166 maintained above 1500 poor, as well Widows, as others, who were reduced to poverty, or afflicted with sickness or infirmities. The charity of that of Antioch was no less conspicuous than that of the Church of Rome, as we find by some of St. Chrysostom's Homilies on St. Mat∣thew, particularly the 67, and 86th. It is true, we are not certain that the Deacons were charged with the care of these two Churches in the days of Cornelius, and of St. Chrysostom; but we know very well, the Deacons amongst us attend on the things for which they were established by the Apostles; that is, that they should take care of the Poor and Necessitous, according to their Primitive institution. It was on this account that Fabian Bishop of Rome divided amongst seven Dea∣cons in the third Century the fourteen Quarters of the City of Rome; that is to say, to the end they should take care of the Poor which were in each of these Quarters, as is to be seen in the Roman Breviary on the 20th. day of January; and as Binnius observes in the Life of Fabian, Tom. Conc. pag. 114. But what the Deacons did at first, was in time performed by the Ministry of Oeconoms and others, of which the ancient Canons make so frequent mention, in such a way: nevertheless, that the Bishop had the chief power in the distribution, which however was not done without the knowledg of these Deputies, when they had taken the place and office of those first Deacons; and that it is so, I explain what Zozomen says of St. Epiphanius Lib. 7. Chap. 27. Read what shall be said on the second Art. of the 4th. Chap.
The office of Deacons is not to Preach the Word of God, and administer the Sacraments: Nevertheless if necessity require, the Consistory may chuse certain Elders and Deacons to Cacechise in Families; as also it is permitted to Elders in absence of the Pastor to read Publick Prayers on working∣days, being chose by the Consistory for that purpose; and that they follow the usual form, in Reading the Canonical Books of the Old and New Testament. As for the Dea∣cons who are wont to Catechise publickly in some Provinces, the inconveniences which have already, or may hereafter ensue, being heard and considered, the Chur∣ches where this custom is not yet introduced, are desired to forbear, and the others where it is, to continue; and to order that the said Deacons, if they are found capable, would enter into the Ministry of the Gospel, as soon as they can pos∣sible.
What I have said of the Office of Deacons, doth highly justifie the Prohibition here made them of Preaching the Word of God, and administring the Sa∣craments, because they were not thereunto appointed; as Oecumenius has observed on Chap. 6. of the Acts of the Apostles; the words whereof we have alledged, in examining the precedent Article. I know very well, that Philip, one of the Seven Deacons established by the Apostles, Preached the Gospel; but I say it was not in quality of a meer Deacon that he Preached, but by vertue of a particular vocation, whereby God made him a Herald of his Grace, and a dispencer of his My∣steries;
therefore he is qualified with the Title of Evan∣gelist, in the 21. Chap. ver. 8. of the Acts; * 1.167 I do not here mention his Preaching Christ at Samaria after the great Persecution raised against the Church of Jerusalem up∣on the death of St. Stephen, because he did nothing there∣in but what the others which were scattered abroad did elsewhere, by vertue of a general vocation which each Believer has right to exercise at certain times, and in certain places. As for Baptizing and instructing the Queen of Aethiopia's Eunuch, * 1.168 the Sacred History in∣forms us, that Philip had an express command by the Ministry of an Angel to do it. In the Primitive Church a Deacon was not permitted to Preach the Word whilst they were Deacons, they must at the least pass from the Order of Deacon, to that of Priesthood, to be qualified to Preach; I said at the least; for if in the East, Priests were suffered to Preach, it was otherwise in the West, where Bishops only performed that function for several Ages. The first Priest that Preached publickly in Africa, was St. Austin, by the power granted to him by Vale∣rius his Bishop, who was by Birth a Grecian, which was found to be irregular, because 'twas contrary to the use and practice of the Churches of Africa, as is obser∣ved by Possidonius in the Life of St. Austin. If amongst us there's found a Deacon that was capable, and had a desire to exercise the Ministry, he was made to pass from one degree to another, and then might Preach the Word, and administer the Sacraments; whereas Dea∣cons were not instituted at first to do the one nor the other.
In effect, if their first Institution permitted them not to Preach, neither did it suffer them to administer the Sacraments, for these two commonly go together; so that if prohibiting them Preaching, they were after∣wards
in process of time suffered to administer the Sa∣craments; besides that things which were joyned toge∣ther were separated, they passed beyond the bounds of their Vocation. Thence it is that Oecumenius, a Writer of the tenth or eleventh Century, which I already have cited several times, * 1.169 confesses that the Deacons of his time were quite different from those established by the Apostles, and an Order quite another thing than the first. In the days of Justin Martyr, * 1.170 that is to say, in the second Century, the Deacons distributed the Bread and Wine of the Sacrament after being Consecrated by the Pastor; which in all likelihood proceeded from a false Interpre∣tation given of these Tables, for the service of which, Deacons were appointed; for they were not Eucharisti∣cal Tables, but common Tables, where distribution was made of things necessary for the Maintenance of Wi∣dows, and Orphans, and other poor People, and where perhaps Christians made their Feasts of Charity, which for a time was practised in the Church. Tertullian, something later than Justin Martyr, * 1.171 testifies, the Eu∣charist was received only from the hand of those which presided, that is, of Bishops and Pastors; in all likelihood 'twas at that time the practice of the Churches of Afri∣ca, and a custom which was not observed in all places. The third Canon of the Council of Ancyra, in the year 314, suffers Deacons which have done nothing unwor∣thy their degree, to distribute both the Symbols. But in the same year, the Council of Arles prohibits them in the 15th. * 1.172 Canon by that term to offer, which he emplies, is taken to administer, according to the Explication which is given it by the 15th. Canon of the second Council of Nice on the same place. The year 462, the great Coun∣cil of Nice forbids them simply to give the Eucharist to Priests. * 1.173 The 25th. Canon of that of Laodicea seems to
forbid them absolutely to distribute the Bread and the Cup; It ought not to be, that Ministers, saith the Council, should distribute the Bread, nor that they should bless the Cup. At that time the term of Ministers implied commonly the name of Deacons; but in the Canons of this Council it denotes a more inferior Order, viz. Subdeacons. In con∣clusion, it must be granted, that we have innovated no∣thing in the Deaconship; and that our Deacons have always kept within the just bounds of their first Institu∣tion, which was to serve at Tables, and to take care of Widows, as St. Jerome observes in his 85 Epistle.
The Elders and Deacons may be present at the Lectures and Propositions of the Word of God made by Ministers, besides the ordinary Preaching: Or by those made by young Students, and even at the censures made there, and give their advice thereon; but the decision of the Doctrine is principally re∣served to Ministers and Doctors in Divinity, duly called to their Offices.
Besides the usual Sermons Ministers Preach in the Churches, they were wont to Preach by turns in the Colloques they held several times a year, and those Ex∣ercises were called Propositions, much like to those our young Studens in Divinity are wont to make to fit them for Preaching; therefore these kinds of Exercises are subject to the Censures of those before whom they are made; for they were instituted to judge of the Progress which Ministers, as well as Students, did make in their Studies; and because there are Deacons as well as Elders
that sometimes are present, either in the Colloques, in the quality of Deputies, or in the Consistory, whereof they are Members, they are permitted to speak their opinion, which ought not to be thought strange after all which has hitherto been said by the Ancients, seeing also the decision of Doctrines is reserved to the Ministers.
The Office of Elders and Deacons, as it is at present used amongst us, is not perpetual; nevertheless inasmuch as 'tis prejudicial to change, they shall be exhorted to continue in their office as long as may be; and if they will be discharged, it cannot be without consent of their Churches.
The setling of Elders and Deacons, depending of the will of the Church, in which originally lyes all the Right and Power of Government, and the Church not having thought convenient to make these Employ∣ments perpetual, fearing it might not find persons that would accept them for life, she hath yielded to those which accept of them, the liberty to be discharged, provided they do it in due form, and with the leave of the Churches which called them to this Employment.
Neither Deacons nor Elders can expect Superiority or Dominion one over another, whether it be in being nomina∣ted to the People, or in taking place, or giving their judg∣ment, or any thing else relating to their office.
If Ministers cannot pretend precedency one of ano∣ther, as we have fully shewed on Art. 16. of Chap. 1. It would not be reasonable that Elders and Deacons should pretend any Soveraignty over their Companions and Equals.
The Elders and Deacons shall be deposed for the same cau∣ses as the Ministers of the Word of God, in their degree. It being condemned by the Consistory, if they appeal, they shall remain suspended from their Offices, until things are deter∣mined by a Provincial Colloque, or Synod.
The Deacons and Elders making up with the Mini∣sters one Body, that is to say, one Consistory, and sharing with them the care of conducting the Flocks, it is just they should be punished with the same pains as the Mi∣nisters, when they commit the same Offences, whereof we have treated at large on Articles the 47. and 49. of Chap. 1. to which I refer the Reader.
The restitution of Deacons and Elders which have been deposed, shall not be done but in the same manner as the re∣storing of deposed Ministers is done.
This Article is a necessary consequence of the former; for if the Elders and Deacons are deposed for the same reasons as Ministers, it is evident that the restitution ought to be made in the same manner. Read what has been said on the 35. Art. of Chap. 1.
Of the Deaconry, that is to say, of Administring the Poor's Money, by the Deacons.
THE Money for the Poor shall not be given out by any but by the Deacons, by the Advice and Order of the Consistory.
What I have said on the 4th Article of the 3d Chapter, sufficeth for the explaining of this, and to establish the Conformity of our Discipline with that of the Ancient Churches; to which may be added the Order given by Pope Gregory I. to Anthemius his Sub-Deacon, That he should take care of the Poor of those places whither he sent him.
In the common Distributions, 'tis requisite one or two Ministers should be present, if it may be conveniently, but especially at passing the Accounts.
Although I might refer the Reader for the Expli∣cation of this Article, where I did for the former; ne∣vertheless
I will add to what I have said, some Rules which are not incoherent to the Subject we Examine; for Example, the 7th and 8th Canons of the Council of Gangres, assembled in the Year of our Lord 325. as is commonly said, but 'twas later; where 'tis forbid to dispose of the Church-Revenue without the consent of the Bishop, or of him he has appointed to distribute these Alms. The 24th and 25th Canons of the Synod of Antioch, Anno Dom. 341. * 1.174 Orders the Bishop to make this distribution by advice of the Priests and Deacons. Charlemain's Capitulary, in the year 789. renews the prohibition of the Council of Gangres.
The People shall have notice of Passing the Accounts, that so every one that please, may be there present, as well to dis∣charge those who disburse the Money, as to make known to every body the Necessities of the Church, and the Poor, thereby the more to incourage people to contribute towards their relief.
St. Austin practis'd something of this kind, as our Dis∣cipline doth here prescribe; for when the Church-stock fail'd, he gave notice to the Christian People, that he had not wherewithal to supply the wants of the Poor; which in all likelihood he would not have done, if on the other hand he had not given them an account how he had dispos'd of their Charity, and of the Money committed to his trust, * 1.175 and which he consign'd over to the manage∣ment of Persons, as he deem'd fit for the purpose, as is related at large by Possidonius, in the 24th Chapter of his Life.
To prevent the Inconveniences which dayly happen by At∣testations given to the Poor, every Church shall use their utmost endeavour to maintain their own Poor; and in case any one for his necessary Affairs was forc'd to Travel, Mi∣nisters shall in their Consistories Examine if the Cause be just, and in that case shall give them recommendatory Letters to the next Church in the direct way from the place whither they go; expressing the Name, Age, Stature, Complexion, the Place whither they go, the cause of their Journey, and the Assistance which has been given them; and the date of the Day and Year shall not be omitted: Which Letters the Churches shall keep to whom they were directed, and shall give them others to the next Church. And all Attestations before granted, shall be Void and Null.
It cannot be denied, but great abuses are committed, and that at all times there has been abuses committed in the Church, upon account of Attestations and Testimo∣nies granted to those of the same Communion which desire to go from one place to another, to the end they might be known to be Members of the same Church, and to be assisted in case of necessity. The Primitive Christians endeavour'd to remedy these inconveniencies two ways; The first, By ordering that each Church should maintain their own Poor. The second, In using a great deal of caution in granting these Attestations, which is exactly the two things prescrib'd by our Disci∣pline.
As to the former of these two Means, * 1.176 the 4th Council of Carthage, in the Year 398. declares, That the Poor and Ancient people of the Church ought to be more assisted than any others; and that young Widows, who are weak of Body, should be maintain'd at the charge of the Church to which they belong. In the 2d Council of Tours, assem∣bled An. Dom. 567. the 5th Canon's Title is, That each City shall maintain its Poor, and runs in these terms, That each City doth furnish according to its ability Provisi∣ons sufficient to all those of its Inhabitants which are poor and incommoded; and that as well the Curates of Villages, * 1.177 as all the Farmers which dwell there, do each nourish their own Poor, to the end they may not stray and wander about to other Towns. In the 3d Council of the same place, assembled in the Year 813. there are several directions in this matter; for the Fathers command in the 11.16. 36. Canons, * 1.178 That Bishops shall be permitted to take out of the Church stores, according to the Canonical Rules, in pre∣sence of the Priests and Deacons, what shall be necessary to maintain the Family and Poor of the Church; That the Tythes which shall be given to particular Churches, shall be distributed with great care by the Priests, according to the Bishops Order, for the use of the Church and the Poor. That it be made known to all the World, that every body should endeavour at all times to maintain their Family and the Poor; because 'tis a wicked and impious thing in the sight of God, that those which enjoy great Riches, and that abound with all manner of Wealth, should not help and assist those which are in want and misery. It is to what also amounts the 14th Canon of the 6th Council of Arles in the same year, That each have care of their Poor in time of Famine, * 1.179 or any other necessity, because 'tis written, Blessed are the merciful, for they shall obtain mercy. The Emperor Charlemain commanded the same thing, in the first
Book of his Capitularies, * 1.180 Chap. 121, 128, 132. and in another Capitulary he made after certain Synods he assembled in the year 813. and which is in Sirmond's 2d Tome of French Councils. And I make no doubt, but this holy Discipline was Religiously practis'd in the first Ages of Christianity, when people were full of Charity, when there was no need of compelling them to the ex∣ercise of it, by Authority of Canons and Humane Laws.
I proceed to the 2d Means which I propos'd, and which regards the Attestations and Certificates which should not be granted but with much caution and circumspe∣ction, to the end those to whom they are given, should not abuse them in the places whither they go, or by the which they pass; these kinds of Certificates were very frequent in the Primitive Church, where they were called Letters, to which was given several deno∣minations, according to the several Causes under which they were consider'd; in regard of those which wrote them, they were call'd Ecclesiasticks; in regard of the relation which was betwixt those which wrote them, and which receiv'd them, they had the name of Com∣municatory, or Pacisick; moreover, they were called Cano∣nical, by reason of the Order which rendered them ne∣cessary and peculiar Letters, because they were writ in certain Terms, and with distinct Marks as they bore, if it may be so said, as had the very tokens of Christian Charity.
But besides all these respects, there was that of the persons in whose favour these Letters were written, and then they were term'd in general, Letters of Recommen∣dation, of which St. Paul makes mention in the 3d Chap. of the 2d Epistle to the Corinthians: Nevertheless, this general Term has not hinder'd that in this last regard three sorts has not sometimes been made; in the first
place, there were Litterae Dimissoriae, Letters of License, by virtue of which, Ecclesiasticks of one Church, were admitted to do the Functions of their Calling in another, and could even be receiv'd into their Clergy, * 1.181 and be Members of it, provided they were absolutely Dimissoriae, as appears by the 17th Canon of the 6th Oecumenical Council. Secondly, Litterae Commendatiae, Letters of Recommendation, which were given to strange and un∣known Clerks, or to Lay-men which were separated from the Communion, to the end, to recommend them as Believers, and as being out of the Censures of the Church. The 13th Canon of the Council of Chalcedon speaks of the former, Where it forbids to suffer strange and unknown Clerks to say Service in another Church, with∣out having Letters of Recommendation from their Bishops. And Zonaras, a famous Greek Canonist, makes mention of the latter, on the 11th Canon of the same Council, and on the 12th and 13th Canons of those attributed to the Apostles. * 1.182 The Frier Blastares makes almost the same remark in his Alphabetical Collection of Canons. To conclude, The Council of Chalcedon requires, that Letters Pacifick only, should be given to the Poor. See here the manner it explains it self in the 11th Canon; We appoint that all the Poor, and those which have need of assistance, have in their Journeys, along with them, Eccle∣siastical Letters only Pacifick, and not Letters of Recommen∣dation; because Letters of Recommendation should not be given but to those which are some way suspected: Yet I observe this distinction han't always been kept, and that the Coun∣cil of Antioch, in the 7th Canon, forbids to receive a Stran∣ger without having the Pacifick Letters, which that of Chalcedon accords to the Poor and Indigent. Gregory of Na∣zianzen expresses himself thereupon in a manner which sufficiently shews they were Letters of Recommenda∣tion,
as the Interpreter has translated it. In short, in his 3d Oration, which is the 1st against Julian the Apo∣state, he saith, That amongst many things which that Cowardly Fugitive from the Truth endeavour'd to in∣troduce the use and practise of amongst the Gentiles, in imitation of Christians, * 1.183 he desir'd above all things, To establish the use of those Letters of Recommendation, by the which, saith this Ancient Doctor, we send from one Country to another, those which are poor and in necessity: Zozomen in his Ecclesiastical History, writes the same thing of this Emperor, and saith, That by virtue of these Letters by which Christians recommended the Strangers of their Communion, they were lodged, and care was taken of them where ever they went, and in what Country so∣ever they came, as much as if they had been Friends, and a long while known and acquainted; and that all this was done on account of the Character the Letters gave of them, and which were as 'twere the Mark and Symbol of their Profession; and as I conceive, 'tis what Tertullian calls the Contesseration of Hospitality; that is to say, the mark and sign, at the sight whereof, the right of hospitality was us'd towards those which shew'd it; and 'tis probable Lucian had a regard to this Custom, when speaking of a Stranger, * 1.184 he saith, that in Travelling, he found plentiful assistance amongst the Christians, whereby he was abundantly supplied with all things.
There is yet something farther to be considered in this matter, to wit, That Christians were so circumspect in granting these Letters of Recommendation, that they examin'd those which had them, and oblig'd them to give an account of their Faith, to avoid all fraud and surprise. * 1.185 The 58th Canon of the Council of Eliberi, or Eluira in Spain, in the year 305. orders it so; the 33d
of the Apostles is no less express, without insisting on the Interpretations of Balsamon, Zonoras, and Aristenus, Greek Canonists, which have understood it in this sense. I can't tell but Lucian does again allude to this practise of Christians, when he said, That they receive certain Dogma's which he mentions, without exactly searching the Truth; but I know very well, that we, on this occa∣sion, do the same as the Primitive Christians did, not only through Custom, but also by Order of our National Synods. That of Charanton, the Establishment whereof is cited in the Article we Examine, That of Charanton, I say, in the year 1623. enjoins; Exactly to Examine, as well the Attestations, as those which have them, to have from their own mouth, testimony of their Religion, and In∣struction.
As for the Order our Discipline prescribes, to give and renew from Church to Church the Recommendatory Letters, it is the same in substance of that establish'd by the Synod of Sardis, An. Dom. 347. in the 8, 9, 10, and 11. Canons, and particularly in the last, where it ap∣points Bishops, which are on the way, to Examine these Letters of Recommendation, and to ask of those which have them, the Cause and Reason of their Travelling; or to subscribe their Letters if they are just, and to re∣fuse them Communion, if they have fraudulently got them.
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.
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.
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.
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.
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.
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; * 1.186 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.
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.
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.
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.
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.
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.
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.
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.
What I have said to the 5th Article, may very well be applied to this.
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.
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.
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.
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.
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.
See what has been observ'd on the 51. Article of the 1st Chapter.
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.
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.
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.
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.
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.
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, * 1.187 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?
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.
This Article is taken from the Doctrine of St. Paul, * 1.188 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.
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.
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, * 1.189 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, * 1.190 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; * 1.191 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.
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.
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, * 1.192 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, * 1.193 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, * 1.194 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; * 1.195 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, * 1.196 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, * 1.197 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, * 1.198 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, * 1.199 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, * 1.200 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.
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.
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.
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.
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.
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.
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.
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.
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.
Seeing Adultery brings a mark of Infamy, especially on Women; the Publishing such Offences is refer'd to the di∣scretion of Consistories.
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.
Publick acknowledgments are not to be made but in person, and the Sinner shall give testimony of his Repentance.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
What I have writ on the 28th Article, sufficeth for explanation of this; which in substance contains the same thing.
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.
This Article shall be Explain'd in what I shall observe on that which follows.
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.
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.
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.
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.
NO Church can pretend Precedencie nor Domination over another, nor one Province over another.
Let the Reader see what I have said already on the Sixteen and Eighteen Articles of the first Chap. where he will find this Article Established, and its conformity to the ancient Cannons.
No Church can transact any matter of great consequence, wherein the Interest or Dammage of other Churches may be concern'd, without the advice of the Provincial Synod, if it be possible to assemble it, and if the matter be pressing, it shall communicate and have the advice of the other Churches of the Provinces, at least by Letters.
This Second Article is also very conformable to the Antient Discipline, according to which, the Affairs of each Province were administred by the Provincial Sy∣nods, it is partly the Subject of the Second Cannon of the First Oecumenical Council of Constantinople, That the Synod of the Province administer all things which concern the Province, as it hath been agreed on at Nice. That
is to say, in the VI. Canon of the Great Council which was held in that City under the Emperor Constantine, and which ordained to preserve to each Province their Pri∣viledges: According to which, if there hapned dispute about any point of Doctrine or Discipline which regard∣ed Christians in general, it would not be decided, but by a general Universal Council, that is to say, by a Council compos'd of Bishops of the Five Patriarchs, within the compass whereof were inclosed the Chri∣stians of the Roman Empire. * 2.21
Thence it is that the Frier Maximus in Barronius, ac∣knowledged no Legitimate Council, unless it has a Cir∣cular Letter made by consent of the Patriarchs. John Damacen writes, * 2.22 That ought to be esteem'd an Oecumenical Council which the five Patriarchs have once appointed, and made Declaration of: But if there wants any one Patriarch, or that he refuses to submit thereunto, it shall not be a Council, but a perverse Congregation, an Assembly of Pride, and Vanity: * 2.23 It is also for the same reason Pope Pelagius the I. wrote in the VI. Century, That if there arises doubt in any ones mind by occasion of a Ʋniversal Synod, those which are desirous of their Salvation, must consult the Apostolical See, to know the reason of what they do not un∣derstand. In the Preliminaries of the Second Council of Nice, it is observed there were read some Writings of Synods which prohibited the assembling of Universal Councils, or at least of holding them without the con∣sent of all the Patriarchs. To. V. Con. p. 518.
The Churches and particular Persons shall be advertis'd not to separate from the Sacred Ʋnion of the Body of the Church for any Persecution as may happen, to procure to
themselves any Peace or Liberty apart; those which do otherwise, shall be sensur'd as the Colloques, and Synods shall think expedient.
Partialities and Divisions having been ever destru∣ctive to the Church, Union and Concord can never be too much recommended to those which are Members of it, and which in this Quality are obliged inviolably to maintain Peace and Uniformity in Religion, as well in regard of Doctrine, as of Worship and Discipline: It is the Reason for which the Antient Fathers have al∣waies abhorred Schism, and have vigorously acted a∣gainst Schismaticks, particularly against the Novatians, and Donatists, which cruelly rent and tore the Unity of the Church.
The Disputes of Religion with Adversaries shall be or∣der'd in such sort, that ours shall not be Agressors; and if they are ingaged in a verbal Dispute, they shall do it but by the Rule of the Holy Scriptures, not giving too much way to Writings of Antient Doctors for Judging and Deciding of Doctrines; and shall not enter into Regular Disputes but by Writings mutually given and sign'd. And as for publick Disputes, shall not ingage therein but by advice of their Consistory, and a certain number of Pastors, which to this purpose shall be chosen by the Colloques or Provincial Sy∣nods. Shall not ingage in any general Dispute or Confe∣rence without the Advice of all the Churches assembled in a National Synod, on pain of the Ministers which shall there∣in enter, to be declar'd Apostates, and Deserters of the Ʋ∣nity of the Church.
There is found in the Writings of the Holy Fathers sundry Disputes which the Catholick and Orthodox Doctors have had against the Enemies of the Truth; We have in the Second Century the famous Dispute of St. Justin Martyr against Tryphon the Jew, who was the Agressor. Eusebius makes mention of another Dispute which hapned at Ancyra a City in Gallatia towards the end of the same Century, betwixt a Catholick Doctor, and some of the Sect of Montanus. In the Third Cen∣tury Malchus a Priest of the Church of Antioch, Dispu∣ted earnestly a ainst Paul of Samosatia, Bishop of the Place, and confounded him in a Regular Dispute, the particulars of which was to be seen in the time of Euse∣bius, they having been collected by Persons nominated to write what should be alleadged on both parts. In the same Century was seen another famous Dispute be∣twixt Archelaus Bishop of Mesopotamia, and the Here∣tick Manes, in the House of a Person of Quality called Marcellus, in the City of Caschara, in presence of the chief Inhabitants of the place, four of which although Pagans, were chosen Arbitors, and judged the Victory to Archelaus: This Dispute has been printed in Latin some years past at the end of the Late Mounsieur Valois his Notes on the Ecclesiastical History of Socrates and Zozomen, and St. Epiphanius treats amply of it in the Heresie of the Manicheans, which is the Sixty Sixth. I may instance in several Disputes, principally those of St. Austins against sundry Adversaries, but what I have said sufficiently justifies, that the Order of our Disci∣pline don't differ from the Practice of the Antient Church, although it appoints something more of caution
in the manner of Disputing, by reason of the way of our former and present circumstances of living amongst our Enemies in this Kingdom.
The Churches should understand that the Ecclesiastical As∣semblies of Colloques, and Synods, as well Provincial as National are the Bands and Supports of Ʋnion and Con∣cord, against the Schisms, Heresies, and all other inconve∣nients, to the end they should use all endeavour, and apply themselves by all means, that the said Ecclesiastical Assem∣blies may be continued and maintained, and in case some Churches and particular Persons, would not contribute to the Charges needful to be present at the Ecclesiastical Assem∣blies, such shall be surely sensur'd, as Deserters of the Holy Communion which should be amongst us. The Minister also which shall not promote what is above contained, shall be grievously sensur'd by the Provincial Synod.
There is nothing in all the Antient Discipline which is more strictly enjoyn'd than the holding of Synods, where the Conductors of Churches were obliged to be, as shall be shewn on the Eighth chap. and where by con∣sequence, they were to go at the charge of the Chur∣ches which they serv'd; this is collected from the Eigh∣teen Cannon of the Third Council of Toledo assembled in the Year of Our Lord, 589; for it ordains, that in∣stead of assembling in Synods twice a year according to the Order of the Cannons, * 2.24 they shall assemble but once, by reason of the poverty of the Churches of Spain.
IN each Province there shall be a Division of Churches, according to the Number of them, and the conveniencie of Places, into Classes, or Colloques, the most contiguous. And this Partition shall be made by Authority of the Pro∣vincial Synod. And the Neighbour Churches shall so assemble in Colloques, twice a year, or four times a year, if it may be done, according to the Antient Custom, this being referred to the discretion of Provinces, and there the Ministers shall meet with one Elder of each Church.
Our Colloques do in a manner agree with the Dioce∣san Synods of each Bishop, * 2.25 like that of Anacharius Bi∣shop of Auxer, in the year 578; or to the Assemblies of some Neighbouring Bishops, to decide the Differen∣ces which hapned in the adjacent Parts, it is to what do amount the Cannons 11, 20, 28, 125. Of the Afri∣can Code of Mr. Justel; However it be, it appears by the 100 Cannon of the same Code, that the Ecclesiasti∣cal Elders, and of the Order of Layicks, assisted at these sort of Judgments; * 2.26 I know not but Firmillian Bishop of Cesaria in Cappadocia, had this Custom in his mind when he wrote to St. Cyprian, We do meet every Year, Pastors and Elders, to regulate the things committed to our care.
Such Assemblies and Colloques shall be held to consider and compose Differences which shall happen in the said Chur∣ches, as is appointed by the Discipline; and generally to provide for what shall be known to be Expedient and Ne∣cessary for the good and support of the Churches.
To this Second Article may be apply'd the Cannons of the African Code which I cited on the first, and also joyn thereto the Fifth Cannon of the Council of Nice, by which we find that one of the Motives of the Con∣vocation of Ecclesiastical Assemblies, was to appease Differences, and to preserve Unity and Concord; The Twentith of the Synod of Antioch tends to the same end.
There also Ministers shall Preach the Word of God, eve∣ry one by his turn, to the end it may be known what care every one takes in exercising himself in the Study of the Holy Scriptures, and in the Method and Form of treating of it.
Ministers being Established for instructing of their Flocks, it is the Duty of their Superiours to take cogni∣sance of their Conduct, and of the progress they make in the Study of Divinity, and because it may be judged by their Preaching, our Discipline has very well ap∣pointed, That Ministers shall Expound the Word of God every one by turns, in the Colloques.
The Authority of Colloques is inferiour to that of Pro∣vincial Synods, as those of Consistories are to Colloques.
It appears by the 21 and 125 Cannons of the Afri∣can Code, that Appeals might be made from the Judg∣ment of Neighbouring Bishops, whose Assemblies were much the same of Colloques: It appears I say, that Ap∣peals might be made to the Councils of Africa, or to the Primates of their Provinces; And it was by the Esta∣blishment of the same Discipline, That Appeal was made from a Provincial Synod, to a greater Synod, such as was the Council of all the Provinces of a Diocess. It is just what is prescribed by the Antient Cannons, as the XII. of Antioch, the VI. of the first General of Constantinople, the IX. and XVII. of that of Calcedon.
The Colloques and Synods shall deliberate of limiting the Extent of Places wherein each Minister shall Exercise his Ministry.
This Establishment is also very conformable to the Antient Discipline of Christians, according to which the Synod took cognisance of the Jurisdiction of Bishops and of its Extent, as also of the places where they were to Exercise their Ministry; from thence proceeds all the Prohibitions made them of undertaking nothing with∣out
the bounds prescribed them, as has been shewn on the first Chapter.
At the end of the Colloques amicable and brotherly Sensures shall be made, as well by the Pastors as the Elders, which shall be there present, of all things which shall be thought fit to represent to them.
The Fourth Council of Orleans in the Year 541. made a Rule like this in the 37 Cannon, which requires that Metropolitans should once a year assemble their Synods, to the end that whilst the Brethren are assembled, the needful Sensures should be made with Charity, which is also verified by the principal Motive of convocating this Assembly, which was as I just now said, to deter∣mine all Differences, and to appease all Quarrels and Contests.
IN each Province, the Pastors of each Church shall as∣semble once a Year, or twice, as they may, which is re∣ferred to the Prudence and Discretion of the Synod.
Christians have ever esteemed Synods so necessary, that they have been very careful to assemble them when the good of the Church required it; for as Eusebius saith in the 51 chap. of the Book of the Life of Constan∣tine, Great Controversies cannot be determin'd but by Sy∣nods: At the beginning, and even during the heat of Persecution, when there arrived any trouble in a parti∣cular Church, all the others concern'd themselves in it, and the Ministers by a meer movement of Charity, and without any form of Convocation, assembled of them∣selves, to make Peace, and to compose Differences: And in these Assemblies Humane Passions being bani∣shed, and Jesus Christ there presiding by his Holy Spi∣rit, they consulted together, and resolv'd without Ce∣remonies and Formalities, what was expedient. It is much after this Method they proceeded against Paul of Samosatia Bishop of Antioch, when he had published his Impiety, * 2.27 the Pastors of Churches as Eusebius saith, being run thither from all parts, as against an Enemy, which destroy'd the Flock of Christ. And I can't tell if the Synod of Iconia in Phrygia mentioned by Fer∣millian Bishop of Caesaria in Cappadocia, was not of the same kind of those held against Paul of Samosatia in the same Century; * 2.28 for he saith, they were assembled in that place, from Gallacia, Cilicia, and other adjacent Provinces, to confirm what had already been concluded touching the reiteration of the Baptism of Hereticks.
But what Bishops did at first by a principle of Chari∣ty, they were in time obliged to do also by Duty, the Cannons requiring it of them: In effect the V. Cannon of the First Council of Nice, appoints to hold Synods
twice a year in each Province. The Twentieth of the Council of Antioch renews the same Decree, and thence it is undoubtedly that him which forged the Cannons of the Apostles, borrowed the 37, which contains the same Establishment. The Nineteenth of Chalcedon ha∣ving complained that in the Provinces was not celebra∣ted the Synods prescribed by the Cannons, it appoints they be held twice a year, conformable to the Decrees of the Holy Fathers. There's a number of other Can∣nons which prescribe the same thing, and which I for∣bear to alleage, to observe two things which concern the matter which we examine; the first, that Auitus Bi∣shop of Vienna in Dauphine, which flourished about the end of the V. Century, and at the beginning of the VI, endeavour'd to restore the Antient Custom which in∣sensibly was left off, as he doth testifie in his 80 Letter. It may be thought that the Synod of Ries in Province had given some slight endeavour to the first practice, * 2.29 in the year 439, when it confirms it in the Eighth Can∣non, but under condition, that times were quiet: That of Orange explains it self fuller in the year 441, Cannon 29, saying, it was difficult to assemble twice a year, by reason of sad and difficult times. The Second thing I mean to observe is, * 2.30 That the Synod of Agde in Langue∣dock made a Decree in the 71 Cannon, by which it re∣duces these Synodal Assemblies to hold once a year, and it declares in the same Cannon, which is of the year 506, that it does so according to the constitution of the Fathers; having respect it may 〈◊〉〈◊〉 to the Cannons of Orange and Ries, but just now cite▪ The 37 of the 4 of Orleans of the year 541, the 23 an•• 〈◊〉〈◊〉 of the year 549 on the same with that of Agde. 〈◊〉〈◊〉 ••he 18 of the 3 of Tolledo, alleges for a reason in the 〈◊〉〈◊〉 589, the length of the way, and poverty of the Churches. To. 4, Conc. pa. 505, 506.
Ministers shall bring along with them one or two Elders at the most, chosen by the Consistory, and the said Mini∣sters and Elders shall shew their Deputations. If a Mini∣ster comes alone, no heed shall be taken of the Certificates he brings along with him, no more than there shall be of those an Elder shall produce if he comes alone without a Pastor; which Rule shall be of force in all Ecclesiastical Assemblies: If they cannot come, they shall make their excuse by Let∣ters, of the which the Brethren there present shall be Judges, and shall send their Memoirs signed by a Pastor, and an Elder. Those who shall fail of being present at Colloques, and at Provincial Synods without lawful Excuse, shall be sensur'd, and the said Colloques and Provincial Synods, may finally judge their Cause, and dispose of their Persons.
There are in this Establishment several things to be consider'd, in the first place, the deputing of our Elders with the Pastors to Synods, which is very agreeable to the practice of the Antient Church, which admitted the Layity into their Synods after the Example of the Apo∣stles, who in the Synod of Jerusalem make mention of the Church, in distinguishing it not only from them∣selves, but also from ordinary Persons, which they de∣sign by the term of Elders, Acts 15.22. to shew, that by the Church they meant the faithful People which assisted at that Holy Assembly, according to which, the Fathers in the Council of Antioch, distinguishes also the Churches of God, * 2.31 from Bishops, Priests and Deacons, in the Letter wrote to Dennis Bishop of Rome, to Maxi∣mus
Bishop of Alexandria, and to all the Churches to in∣form them of the deposing of this Arch Heretick; not that 'tis necessary to think that the intire Churches as∣sisted at this Council which was assembled from sundry Provinces, but they assisted by some of their Body which represented them, that is, by some of the Body of the People. But to say something more to the pur∣pose, I have shewn on the First Article of the Third chap. by Authority of Fermillian, and of the African Code, that the Elders, such as ours, were deputed to Synods with the Pastors, against whom they some∣times pleaded the right of the People which deputed them.
The Second thing I observe on this Article is, that the Deputies to Synods are obliged to be present there, or to excuse themselves by Letter; And if their Excuse be not sufficient, they are sensur'd as shall be thought fit in the Colloques, and in the Provincial Synods, which have power to judge definitively of their Excuses, and to dispose of their Persons, which also is according to the practice of the Primitive Christians, the Fortieth Cannon of the Council of Laodicea is conceiv'd in these terms, The Bishops which are called to a Synod must not neglect to go thither, and if any one does neglect, he will condemn himself, unless some Sickness doth hinder him: The 19th of Calcedon requires that one should reprove in a brotherly way those which fail of coming, although they are in good health, and that they are hindred by any extraordinary business which might not be deferr'd. In France no other Excuse will be admitted, but that of Sickness, as appears by a great many Cannons, and amongst others by that of the First of Epaume, by the 1 of the 2 of Orleans, by the 80 Letter of Auitus Bishop of Vienna, and by several other Decrees which I forbear
to cite. The Council of Agde in the 35 Cannon joyns to Sickness, some command of the King, next to which, it deprives from the Communion of the Church till the next Synod, those which have failed to be present at the former, and as it deprives them for that time from the Communion of the Church, it also deprives them from the Charity of their Brethren, that is, from the other Bishops, to which the Council of Tarragona in the year 517, reduces in the VI. Cannon all the punishment of those Bishops which neglect to be present at the Synods where they have been called by the Metropolitans, and excuses none but them which are hindred by Sickness. The 15 of the 11 of Toledo assembled Anno 575, Ex∣communicates them for one year, if they are not hin∣der'd by some Sickness, or by some inevitable necessity, the 76 of the African Code wills, That they should be content with the Communion of their Church, the V. Cannon of the Council of Merrida, of which I will speak on the 10 Article of the IX. chap. excuses those who are hindred by Sickness, or by Order of the Prince.
As to what our Discipline saith, That if the Pastor comes alone, no heed shall be taken of the Memorials he shall bring, nor of those the Elder brings if he comes without the Minister, it agrees not ill with what we read in the 100 Cannon of the African Code, where a Bishop complains of his Church, but because the El∣ders the Church had deputed, to defend its cause against the Bishop, did not appear, the Council referr'd the Judgment of this Affair to a certain Number of Bi∣shops, whereof some were nominated by the Bishop which was dissatisfied with his Flock, and the rest were left to be named by the Elders, although absent. As for the Memorials whereof mention is made in this Article, more may be seen of it in what I shall say on the Third Article of the Ninth Chapter.
Those Churches which have several Ministers. shall de∣pute them by turns to Colloques, and Synods.
This Article is grounded on that, That Ministers may not pretend any Authority one over the other, as I have made appear on the Sixteenth Article of the First Chapter, and having no Power one over another, it is absolutely necessary that to maintain this equality, that when there are several in one and the same Church, they should alternatively be deputed to Synods and Collo∣ques.
Ministers and Elders Deputed to Colloques, and Provin∣cial Synods, shall come thither at the common charges of their Churches.
I do not find that in the First Centuries, conductors of Christian Churches did observe much formality when they assembled for the deciding of any difference, all things were done with so much simplicity, Humane Passions being excluded, that every one spake as he was inspired of God: Read what Eusebius relates of the Two Synods which were held in the Third Century against Paul of Samosatia; * 2.32 and I am certain the marks of the simplicity I have now mentioned, will be found in them; but in process of time Humane Passions being
mingled with Charity, 'twas necessary to Establish some Methods in these Assemblies, and choose some one amongst the Bishops, to propose the matter which was to be deliberated, to gather the Voices, and moderate the whole Action, an Honour which was commonly conferr'd either to promotion, that is to say, to him that was the Eldest Minister, or to Personal Merit, by reason of ones great Learning, and sometimes also for the greatness and eminency of the City whereof one was Bishop. Palmas as the Eldest of the Bishops of Pontus, * 2.33 presided in a Synod which was there held, upon occasion of celebrating Easter, as Eusebius relates in the 23 chap. of the Fifth Book of his History. To this Example may be added what was done by Leo I. in the V. Century, in favour of Leoncius Bishop of Frejus in the upper Narbonnes, had not the Passion which he ex∣pressed against Hillary, Bishop of Arles, made him vio∣late the Laws of Justice and Equity, in depriving him the right whereof he was justly in possession, of assem∣bling Synods, and which according to the Discipline of those times belonged to his See, to invest Leoncius with it, because he was the Eldest Bishop of the Province; and about the year 397, the First Council of Turin be∣stowed on Proclus Bishop of Marsellis, the precedence over the Bishops of the Second Narbonnes, * 2.34 not so much in consideration of the City whereof he was Bishop, as in consideration of his Age and Merit. In fine, the Ecclesiastical Government being wholly fram'd after the Model of the Civil, and Politick, this right of prece∣dence was joyn'd in the out Provinces, to Metropolitan Bishops, except the Churches of Africa, where this priviledge was conferr'd on Primates, and in that Coun∣trey was called Primat, which had been first promoted to be Bishop; for 'twas not to Age alone this I reroga∣tive
was attributed, but to the time of promotion. Our Discipline which refers this to Election, does nothing differ from what was practis'd in the Antient Church before the Establishing of Hierarchy, especially when precedency was conferred on Persons for their Merit, which could not be done but by plurality of Voices, be∣cause for the most part, one Judges differently of the Merit of Men; and so 'tis St. Athanasius expresses it in his First Apology, that Hosius was commonly the chief and President of Synods, an Honour conferred on him for his great Merit, and perhaps to for his Age, as it was in the latter regard bestow'd on.
For the understanding of this Article it is necessary to read what I have said on the Fifth of the Sixth chap. to which may be added, that Synods having been insti∣tuted for the good and Edification of the Churches, it is more than reasonable they should be charged with the Expences needful to assist at those Assemblies, especially seeing the maintenance they allow to their Ministers is so small, that 'tis not sufficient for their subsistance, as it often happens amongst us.
The Churches which shall refuse to allow their Ministers conveniencies for repairing to Colloques and Synods, shall be advertis'd to do what is fit, and in default thereof, so that Ministers are constrain'd to go at their own charges, after two or three Admonitions, they shall be deprived of the Mi∣nistry, and the Expences made by the said Ministers, shall be repaid by the Churches to whom they were sent, Liberty being given to have recourse to the Ingrateful Church accor∣ding to the Judgment which shall be given by the Provincial Synod.
This Establishment being a continuance of the for∣mer, what I have observed on that, may serve for a Commentary on this.
If there should happen a difference betwixt a Church and the Pastor, and that to compose it, the Church shall have been advertis'd two several times of the time and place of the Colloque, and Synod, and refuses to attend, the said Collo∣que, or Synod, notwithstanding absence of one of the Par∣ties, may proceed on to Judgment.
The Hundred Cannon of the African Code which I cited on the Second Article, do's Authorise this Esta∣blishment, and justifies the Conformity of our Disci∣pline with the Primitive.
In each Synod as well Provincial as National, shall be Elected with a slow Voice, by full consent, one of the Pastors to preside, with one or two to write. His business shall be to govern and moderate the whole Session, to advise of the Pla∣ces, Dayes, and Hours, on which the Assembling and Sitting of the Synod shall hold, to propose and offer things that shall be in deliberation, to take, every ones Voice in particular, to declare the major part, and pronounce the Con∣clusion: Also to take care that every one speaks by Order,
and not confusedly; to impose Silence on such as are conten∣tious, and if they will not obey, to make them go out, to consider of their Sensure and Correction; to make Remon∣strances and Answers to those which desire Counsel, or that send Letters to the Synod. Moreover to preside at the Sen∣sures which shall be made at the end of the sitting, the whole according to the advice of all the Assembly, and no other∣wise. And he himself also shall be subject to Sensure, his Office shall expire at the end of the Synod, and it shall be at the choice of the following Synod, to Elect him or another. The Moderators also of Colloques, shall be govern'd after the same manner.
The Great Council of Nice in the Sixth Cannon re∣serves to each Province its Rights and Priviledges, that one might not intermeddle in the Affairs of the other, nor usurp its Power, and Authority: To this Establish∣ment may be apply'd the Second and Sixth Cannons of the First Oecumenical Council of Constantinople, the VIII. of Ephesus, the 9 and 17 of Calcedon, the 12 and 15 of Antioch, the 19, 28, and 125 of the African Code, with the Letter of the Council of Africa to Pope Cellestin, in the same Code, in Number 138. St. Cyprian taught almost the same thing about 170 years before, as ap∣pears by his 55 Letter. Theodoret speaks the same in his 86 Epistle in the Third Volumne of his Works, and 'tis on this practice the Eastern Bishops grounded their complaints in the IV. Century against Pope Julius I. in that he had received St. Athanasius into his Commu∣nion, and some others whom they had Excommunica∣ted, Read what is related by Zozomen in the VIII. Chapter of the Third Book of his Ecclesiastical Histo∣ry;
Socrates II. Book, chap. 15. and Julius his Answer in St. Athanasius his Second Apology, to be perswaded of the truth hereof; for the Letter writ by the Eastern Bishops to Julius is not now Extant; that at present found in the first Volumne of the Councils being forg'd: and contains but a Collection ill put together of what the Authors I but now mention'd have writ.
It's true, our Discipline does except some cases of which one may appeal to the National Synod, after Judgment given by Provincial Synods, but 'tis even therein appears its Conformity with the Ancient, provided the time be carefully distinguished; before the Christian World, which was bounded in the Roman Empire, had been di∣vided after the Example of the Empire, into several Ec∣clesiastical Diocesses, each of which comprehended seve∣ral Provinces, the whole extent of a Bishops Jurisdicti∣on, how great soever it was, made but one Ecclesiasti∣cal Province; For Example, In St. Cyprians time, all Africa made no more but the Ecclesiastical Province of the Bishop of Carthage: And in the time of the First Council of Nice, Libia, and Pentapolis, made up that of the Bishop of Alexandria, and then 'twas requisite Affairs should be determin'd in the Provincial Synod without being permitted to appeal to the Synod of any other Province; It is what is depos'd by the Sixth Can∣non of Nice, which confirms to the Bishop of Alexan∣dria what Custom had given him Possession of, that is to say, the Metropolitical Rights only, although the Patriarchal Rights also may be inferr'd from the same Cannon, by lawful consequence, when he shall be in a state to exercise them, that is to say, when his Pro∣vince shall be divided into several Ecclesiastical Provinces, and that he shall have under him several Metropolitans, over which the chief of the Diocess,
and the Patriarchs had the same power, as Metropoli∣tans had over the Bishop•• of their Brovinces.
But after this Division into Diocesses, and of Diocesses into several Feclesiastical Provinces, each of which had a Metropolitan, had been made, which the first Uni∣versal Council of Constantinople began to Establish, or it may be but to One Muso••••••s in the Council of Rimini, as St. Jerom testifies in his Dialogue against the Lucife∣rians, chap. 7. where he observes this Musonius was of the Byzantine Province, but instead of Byzantine it should be Byzancene, which was a Province of Africa, wherein was the Diocess of this Prelate.
As for the care the President or Moderator of the Synod should take, to the end all things should be done in the Assembly regularly and in Order, the XI. Coun∣cil of Toledo, in the year 675 ordained in the First Can∣non, * 2.35 the same Observations which the Authors of our Discipline here prescribes, not forgetting those which derogate from the Laws.
Elders which are Deputies of Churches, shall have Votes as Ministers, and the Elders of the place where the Synod is assembled may also be present, and propose any thing in their Order; Nevertheless but two of them shall have Vote, to avoid confusion.
After what I have writ on the First Article of the Third Chapter, there's no difficulty in understanding of this; for the Deacon Hillary hath assur'd us nothing was done in the Church without the Counsel and Ad∣vice
of the Elders; and Firmi••lian Bishop of Cappadocia, that the Prelates and Elders assembled once every year to order matters committed to their care, and with common consent to treat of the greatest and most im∣portant Affairs.
What shall be concluded upon by Provincial Synods for ordering the Churches of their Province, shall be communi∣cated to the National Synod.
The 95th Cannon of the Code of Africa, has a Con∣stitution much like this, for it Ordains, that private Affairs shall be determin'd in the Provinces, but as for the common and general, they referr the Knowledge and Decision of it to the General Council of Africa: Now 'tis most certain that what regards all the Churches of a Province, ought to be put in the Rank of General Affairs, the Decision whereof apper∣tains to a National Synod.
Because several Persons, to the end to decline or delay the sensure of their faults, appeal from one Ecclesiastical Assem∣bly to another, even to a National Synod, which by this means is more perplexed in clearing their Case than any other, for the time to come, all differences within the same Province; shall be definitively judged without appeal to the Provincial Synod of the Province, except what shall con∣cern the suspending and deposing as well of Pastors, as of
Elders, and Deacons, and the changing of Pastors from one Province to another; also the changing of a Church from one Colloque to another, and also that which concerns Doctrin, the Sacraments, and the whole Discipline; all which cases may gradually move even to the Nationall Synod, to receive the last and definitive Judgment.
To Authorise what Custom had done in several Countreys since the Council of Nice, at least it may seem to be so inferr'd from the Cannons of the Synod of Antioch in the year 341, Forty years before that of Con∣stantinople. Afterwards I say, it is certain, Appeal was made from Judgment of Provincial Synods to Councils of the whole Diocess, for the greater part of the heads contain'd in our Discipline, as is verified by most of the Cannons I have but now cited, particularly by those of Constantinople, of Calcedonia, and of the African Code, with the 95th of the same Code, to which may be joyned the Third Cannon of the Fourth Council of Toledo, assembled in the year 633. To. 4. Conc. pag. 582.
If there should happen a difference betwixt two Provincial Synods, they must pitch on a third to reconcile them.
This Establishment don't disagree with the 14 Cannon of the Synod of Antioch, which is conceiv'd in these terms, If after Judgment be given against a Bishop accused of certain Crimes, it so falls out that the Bishops of the
Province are upon this score in different minds, some de∣claring him Innocent, and others guilty; the Synod to put an end to their Contests is of Opinion that the Metropolitan shall call other Judges of the next Province to decide the difference; and that he confirms what they shall have conclu∣ded upon, with the Bishops of the Province. It's true, this Cannon don't speak of differences which two Provin∣cial Synods might have together: But seeing the Coun∣cil allows to call Neighbouring Bishops, when those of the Province are at variance about a business, wherefore should it not permit two Provincial Synods to choose a third to judge of their differences, the First and Second Cannon of the Council of Turin in the Year 397, are yet more positive in this matter.
The Synods in each Province shall represent the Widows and Children of Ministers which died in the Service of their Church, to be supported and maintained at the com∣mon charge of each Province, as necessity shall require. And where the Province shall be Ingrateful, the Deputy thereof shall report it to the National Synod to take care therein.
This Article is not only grounded on Christian Cha∣rity, but also on the acknowledgment which the Chur∣ches owe to Ministers dead in their Service, whereof they should shew the marks to their Families, especi∣ally when there is occasion for it.
Deputies of Churches shall not be gone from Synods with∣out leave, and till they carry along with them the Decisions which shall there be made.
There are two things to be consider'd in this Article, First, That Deputies are not suffer'd to depart from the Synod without leave; The Second Council of Arles made this Decree in its 19 Cannon, Anno Dom. 452, If any one thinks he may abandon the Assembly of his Brethren before the dissolution of the Council, * 2.36 let him know that he is deprived of the Communion of his Brethren, and that he cannot be thereunto received, until he be first of all absolv'd in the following Synod: There may be seen in the Fourth Tome of Councils, certain Fragments attributed to a Council of Sevil in Spain, assembled about the time of Pope Gregory the I. in the X. of which is to be found word for word the Decree of the Synod of Arles; which makes me believe, that Burchardus, * 2.37 from whom Garsias has taken this Cannon, was mistaken when he attribu∣ted it to the Council of Sevil, and I the rather believe it, when I consider that the compilation of Cannons made by this Writer, are full of this kind of mistakes. The Fourth Council of Toledo assembled in the year 633, does defend also in the Fourth Cannon, to depart from the Council until all things are decided by the ma∣jor Votes, and Signed by all the Bishops; * 2.38 The Sixteenth of that of Worms of the year 868, prescribes the same thing. To. 6. Conc. pag. 695.
The Second thing our Discipline prescribes those which are Deputies to Synods, is to carry along with them the Decisions which shall be made; I find the same thing practic'd in the Antient Church; in Effect, it may be seen by the 29th Cannon of the First Council of Orange in the year 451, that each Bishop carried away with him a Copy of the Acts and Resolutions made in the Assembly, and that the like was sent even to those as were absent, to advertise them of their Du∣ty by the Ministry of the Metropolitan; and in the year 431, the First Oecumenical Council of Ephesus permit∣ted each Metropolitan to take a Copy of the Acts, whereof his Brother Bishops might have Communica∣tion by his means. The Eighth Cannon where this power is granted to Metropolitans, saying expresly that it is for their own surety, that is to say, for Conserva∣tion of the Rights of their Provinces, and by conse∣quence the Rights of all the Suffragan Bishops. See what shall be said on the Tenth Article of the following Chapter.
The Authority of Provincial Synods, is inferiour to that of National Synods.
There is no difficulty at all in this Constitution, espe∣cially after what we have observed on the Tenth Arti∣cle, where I have prov'd by the Authority of several Cannons of Constantinople, of Calcedon, and the African Code, that Appeals were made from Provincial Synods to those of the whole Diocess, to which our National ones at this time do agree.
Colloques, and Provincial Synods shall be regulated ac∣cording to the several Governments, so that one may not pretend to be greater than another; and for the present, this shall be the Distribution of Provincial Synods.
If it so falls cut for the convenience of Churches that one or two should be parted, or to unite several in one, it may be done in the Provincial Synod, whereof notice shall be given to the National Synods.
Those who please to read the Second Cannon of the First Universal Council of Constantinople, and the Eighth of that of Ephesus, will easily perceive our Disci∣pline agrees exactly with the practice of the Primitive Christians. And as for the dividing one Church into two, or joyning several into one, when necessity re∣quires, there is Examples to be seen in Antient Records; As for joyning several into one, * 2.39 the Eighth Letter of the Second Book of Gregory the Great, gives us an Example, and the Fathers of the Sixteenth Council of Toledo, An. 693, in the V. Cannon, Authorises the joyning, and dividing, and declares also in what manner it must be done. The Emperour Charles the Bald in his Capi∣tularies, Anno 844, gives power to the Bishops to di∣vide a Church into two, when the Necessity and Edifi∣cation of the People require it, and if it gives them po∣wer to divide Churches, * 2.40 there's no question to be made but it gives them power also to join several in one, for good and lawful causes. In process of time the Popes have assumed to themselves this power of Joyning and Dividing Churches, although in France they are not per∣mitted to exercise it without the consent of our Kings, as the late Mr. de Marca has well observed in the Thir∣teenth chap. of the Fourth Book of the Liberties of the Gallcian Church, where he treats of these matters.
A Minister deputed by a Provincial Synod to go to a Synod, or Colloque, of another Province for some publick Affairs, may have a deliberative Vote, and that not only for the business he is come about, but also during the whole sitting, if his particular Affair be not in agitation.
I do not think any need question but the same thing was practis'd in the Primitive Church, * 2.41 at least it may be collected from the Synod of Turin assembled Anno Dom. 397, at the request of the Bishops of France; be∣sides that the Synods which are the Masters of these things, may dispose them as they please.
NAtional Synods shall be called once a Year, if possible may be, And this Rule shall be observ'd for the Con∣vocation, that at the end of every National Synod, a Pro∣vinte shall be chosen which shall have the charge to assign to the others, the time and place of the next Synod.
The Third Council of Carthage in the Year of our Lord 397; * 2.42 Ordains in the Hundreth Cannon, That the General Council of Africa be assembled once a Year, to which all the Provinces that have Primates are to send their Deputies, to the end nothing should be want∣ing to the Authority of such an Assembly. The Seventh Cannon also makes mention of such a General Coun∣cil, which was assembled once a Year, And the Eigh∣teenth of the African Code contains in substance the same Decree, And in the Nineteenth there is mention made of the Universal Council which was held every year. * 2.43 The Third Council of Tolledo which was thought was held in the year of Christ 589, was compos'd of all the Bishops of Spain and of Gallicia, that is to say, it was a National Synod; And as I conceive, it is to these sorts of Assemblies which the latter part of the Eigh∣teenth Cannon of the same place must be re∣ferr'd, And before that time Pope Leo the First in his Ninety Third Epistle speaks of the Celebration of a General Council in Spain; however it be, Our Disci∣pline which requires National Synods to be assembled from year to year, does nevertheless add this conditi∣on to its Ordinance, * 2.44 if it may be done; The Bishops of Africa which were wont, as has been shewn, to call yearly a General Synod of the whole Nation, or as they also term it, a Plenary Council, found in time, that it was a thing not to be done without giving too much pains and trouble to the Bishops; therefore they con∣cluded not to assemble it but in case of Necessity; that is to say, when the common Laws of all the Churches of Africa obliged them to do it. The Fourth Council
of Toledo, which was National, and which was assem∣bled in the year of our Lord 633, * 2.45 declares in the Third Cannon, That these National Synods should not be assembled, but when there was Question of matter of Faith, or of some other business wherein all the Chur∣ches of the Nation were concern'd.
The Article we examine demands yet another thing which we must not pass under Silence, to wit, That at the end of each National Synod, some one Province should be appointed to assign to the rest, the time and place of the following Synod, which amounts neer hand to what the First Council of Orange Ordained Anno Dom. 441, in the Twenty Ninth Cannon, * 2.46 That a Synod should not break up till they had assign'd another: The Eigh∣teenth Cannon of the Third Council of Toledo, of which we spake before, prescribes the same thing, and it may be also the 73 of the African Code, and it appears by the 95th Cannon that the Church of Carthage caused to be convocated the National Synods of Africa as oc∣casion required.
If there happens any difficulty in a Province, it shall take care to give notice of it to the Province that shall be en∣trusted with the care of making the Convocation, to the end that this calling the said Assembly, might also give notice of it to the other Provinces, that so by this means, every one may come to the Synod ready prepared to judge the matter.
It appears by the relation of Eusebius, of the Synods where Paul of Samosatia was depos'd, * 2.47 and his Heresie
Anathematiz'd, It appears, I say, That the Provinces gave each other Notice of the Affairs which should be debated in some of them, and which could not be de∣termin'd but in a Council.
And because it is difficult at this time, and even dange∣rous to assemble a National Synod in so great a Number of Ministers and Elders, it has been thought fit for the pre∣sent, and during such difficulties, that the Brethren assem∣bled in each Provincial Synod, choose two Ministers and two Elders, the most Experienc'd in Church Affairs, to send thither in the Name of the whole Province; and these Deputies shall come with sufficient testimonies, and bring good Memorials signed by the Moderator and Scribe of the Provincial Synod, and that no default might happen, three or four Pastors, and so many Elders shall be nomina∣ted, that if the first nam'd are hindred from making the Journey, there might be others to supply their place.
The Third Council of Carthage assembled Anno Dom. 397, reduces the Deputies to the number of Three in the Second Cannon. The Eighteenth of the Code of Africa, which is in substance all one with that of Car∣thage but now cited, speaks of Two Deputies, referring it nevertheless to the Liberty of the Provinces to send a greater Number; The 76th of the same Code makes mention in general of those which shall be chosen by the Provincial Synods to assist at the National Synods, * 2.48 but they agree all in one thing, that in each Province should be chosen those which were to meet at the National
Synod. As for the Memorials and Instructions the De∣puties were to bring along with them, there's frequent mention made of them in the Antient Discipline under the name of Communitorium, of which mention is made four several times in the Letter of the Council of Africa to Pope Boniface, and often elsewhere. The Council of Merida which I cited on the X Article, prescribes so, in the V. Cannon, and calls it Instructions.
To the Ministers and Elders Deputed to the National Synod, the Provincial Synods shall limit no certain time for their return, but shall permit them to stay at the said Synod, as long as occasion shall require, and the said Deputies shall travel at the common charge of the whole Province.
The Provincial Synods being inferiour to National ones, they cannot limit time to their Deputies at a Nati∣onal Synod, where they are obliged to attend till the end of the Assembly, which is very uniform to the An∣tient Discipline, according to which it was not suffer'd to depart before the Council brake up, as we have prov∣ed on the XIII Article of the foregoing Chapter.
At the beginning of National Synods, the Confession of Faith, and the Discipline shall be Read.
In the Antient Councils, * 2.49 was read and confirm'd the Confessions of Faith which was believed in the Church, so it was practis'd by the Universal Council of Constanti∣nople in regard of the Confession of Faith of the Council of Nice; the same Symbol was read in the first Action of the first Council of Ephesus, and the Council of Calcedon renews and confirms the Symbols of Nice, and Constan∣tinople, the Copies whereof was produced, and moreover approved all that was establish'd at Ephesus against Ne∣storius, in the year 431.
As for Reading the Canons which contained the Disci∣pline of those times, it may plainly be collected from the first Cannon of the Council of Calcedon, which appoints to observe all the Cannons which had been formerly made, * 2.50 and the 4th. of the 4th. of Toledo, Anno Dom. 633. do's formally command the reading of them. See what I have writ on the IX. Article of the First Chapter.
And to the End the National Synod be not amused about Questions decided by Acts of former National ones, the Pro∣vincial Synods shall be advertis'd carefully to read the Acts which the said National ones have passed before they make their memorials, and to send nothing but what may be com∣mon and general to all the Churches, or which shall not other∣wise merit the resolution of the National Synod.
The VIII. Council of Toledo assembled Anno Dom. 653, * 2.51 made a Decree much like this, by which it prohibited to reverse, to contradict, and oppose the execution and ac∣complishment of what had been established by universal Authority; this Synod confirming for ever as the Fathers speak, the general and universal Constitutions.
The National Synod may definitively dicide and resolve all Ecclesiastical matters, the Provinces having been before ad∣vertis'd by that which has the charge of assembling the Synod, as near as may be done.
This Establishment agrees very well with the Antient Cannons, for Example, with the VI of Nice, according to the explication given it by the Bishops of Africa in their Letter to Pope Cellestin, with the second and the sixth of the first Council of Constantinople, the eighth of the first of Ephesus, the nine and seventeen of Calcedon, the twelfth of Antioch, the 19, 28, 95, and 125 of the Code of Africa, those which desire further Light for the understanding this Article, may please to read what I have writ on the Tenth Article of the Eighth Chapter.
Resolutions shall be setled by the Deputies of Provinces, and if there are other Ministers besides the Deputies, they
may indeed propose what they think fit, but they shall not have deliberative, nor decisive voice.
The same Cannon of the Council of Toledo which I al∣ledged on the VI. * 2.52 Article, says expresly, that if in a Sy∣nod a small number, by ignorance, or contention, is of a different Opinion from the rest, they being warned before, must yield to the greater Number, or else de∣part with shame out of the Assembly, and they shall be Excommunicated for the space of one year. Since the 4th. Century, the great Council of Nice had referr'd the Decision of Affairs to the plurality of Voices, in the 6th. Canon, a Decree which the 19th. Council of Antioch re∣newed sixteen years after.
Those which appeal from Provincial to National Synods, shall be obliged to be there present, or to send full instructions, with lawful excuse of their absence; and in default thereof, the sentence of the Provincial Synod shall be confirm'd. The same thing is done in appealing from Consistories to Colloques, and from Colloques to Provincial Synods.
The VII. Cannon of the 3d. Council of Carthage con∣demns the Bishop who being accus'd for somthing for which he has not been clear'd in the Provincial Synod, * 2.53 don't appear at the National One, there to have the com∣plaint preferr'd against him finally judged.
The Deputies of Provinces shall not depart without tak∣ing along the Resolutions of the Synod, signed by the Presi∣dent, or Secretary; and a Month after their return, shall give advice to the Colloques of their Provinces, to the End they might send for the Acts of the said Synod; and this at the charges of the said Colloques.
What I have observ'd on the XIII Article of the 8th. Chapter is sufficient for the explaining of this; I will only add, that all those whereof the Synods were compos'd, subscribed to the Acts, as appears by the subscriptions of Antient Cannons; the which is prescribed by the 4th. * 2.54 Council of Tolledo, Anno 633. in the 4th. Cannon; and which is practis'd by the 11th. of the same place, and declares so much in the 16th. Anno Dom. 675, to which may be added, the 5th. * 2.55 Cannon of that of Merrida in Portugal in the year 666, being it enjoyns the same thing.
And to the End the Acts of Synods may be preserv'd, and that future use may be made of them for deciding Questions which may be propos'd in National Synods; the said Acts as well of the time past as to come, and all others which con∣cern the Synods, together with the Articles of Discipline, and confession of Faith of the conformed Churches, shall be left to be kept in Custody of the Deputies of the Province which shall be named for convocating the next National Synod, and
the said Province shall stand bound to carry them to the Synod.
We read in the 86 Cannon of the African Code, which is supposed to be of the Council of Mileua in the year 402, we there read a Decree much like Ours;
It has been thought fit by all the Bishops which have subscribed to this Council, that the Matricule and the Archives of Numidia, may be preserved in the Church of the first See, and in Constantinople, which is the Metropolitan City.
At National Synods, before separating, there shall an a∣micable sensure be made of all the Deputies, as well Ministers, as Elders, of that only which has hapned during the Session, and in general, of their Provinces; and the holy Sacrament shall be celebrated, to testifie their Ʋnion, provided it be joyntly with the whole Church, where they shall be assembled, the which to this purpose, shall have timely Notice to prepare themselves.
The Observations I have made on the VI Article of the seventh Chapter, serve as a Commentary on this.
THE Irreverence shall be restrain'd which is seen in several, when they are present at Ecclesiastick or Do∣mestical Prayers, in not uncovering the Head, and Kneel∣ing, which things are contrary to Piety, gives suspicion of Pride, and may scandalize good Men. Therefore Pastors shall be desired, as also Elders, and Masters of Families, to have a regard that during the said Prayers, every body without Exception, or accepting of Persons, do give by this mark of outward behaviour, a testimony of the humility of his heart, and of the Homage he owes to Almighty God, un∣less some may be hinder'd to do it by sickness, or otherwise, the Judgment whereof shall be left to his own constancy.
The Ancient Christians were wont to kneel at Pray∣ers, as Eusebius testifies in his Ecclesiastical History. St. Chrysostom in his 18 Homily on the 2 to the Corinthians, saith, that he bowed to the ground, and Synesius in his 57 Epistle, that he kneeled down at his Prayers, and that in that posture of a Beggar, he desir'd Death rather than a Bishoprick: Nevertheless it must be granted, that about the end of the 2 Century, they began to pray standing, on Sundays, and during the interval of time, betwixt Easter to Whitsontide, Tertullian assures us so in
the third Chapter of the Book of the Crown, and with him the Author of Questions to the Orthodox in the Works of St. Justin Martyr, in the 115 Question; a practise authorised by the great Council of Nice in the 20th. Cannon, on account of those which us'd otherwise. In the time of St. Jerom, that is to say, in the 4 and 5 Century's, the Decree of Nice was follow'd, and he also touches the Use of this Custom in his Preface on the Ephesians, where he observes, that from Easter to Whit∣sontide,
It is a time of Joy and Victory, during which, saith he, we do not bend the knee, and do not pro∣strate towards the Earth, * 2.56 but arising with the Lord, we fly up to the highest Heavens:He observes the same thing in his Dialogue against the Luciferians chap. 4. St. Paul nevertheless does the contrary, for we read in the 20 chap. of the Acts ver. 36. that having discoursed with the Pastors of the Church of Ephesus, he kneeled down and prayed with them all, it appears by the 16 verse of the same chapter, that 'twas betwixt Easter and Whitsontide. St. Luke observes also in the 21 chap. verse the 5th. of the same Book of Acts, that the Apostle de∣parting from Tyre about the same time, being accompa∣ny'd with the Disciples and Brethren of the place, with their Wifes and Children, they kneeled down and prayed: Moreover, this practise of the Ancient Christians which I but now mention'd, shews that it was ever their man∣ner to pray kneeling, which is the most becoming and decent posture to procure the Mercy of God, as the Author of Questions to the Orthodox does declare; be∣cause indeed the Creature can never too much humble himself before the Soveraign Majesty of his Maker, in whose presence he must prostrate himself and confess his vileness and nothingness, saying to him with Abraham, I
am but dust and ashes. And as they prayed kneeling in the primitive Church, there's no doubt to be made but they also prayed bare-headed; such doubtless were those Common Prayers and Supplications which were made in their Assemblies, as Justin Martyr and Tertullian do testifie in their Apologies.
As for singing of Psalms, it is what has ever been pra∣ctis'd in Christian Assemblies. St. Paul recommends it to the Colossians in these terms, * 2.57 Let the word of Christ dwell in you richly in all wisdom, teaching and admonishing one another in Psalms, and Hymns, and spiritual Songs, singing with grace in your hearts to the Lord. Pliny the 2d. in his Relation to the Emperor Trajan of the Christians in Asia, and of their Assemblies before day light for fear of Per∣secution, he observes amongst other things, * 2.58 that they sang Hymns to Jesus Christ as to a God. Tertullian makes men∣tion of this Letter of Pliny to Trajan in the 2 chap. of his Apology, and in the 39 he speaks of these spiritual Songs which Christians sang to God in his time; especially the Psalms of David have ever been highly esteemed in the Church, which has found the singing of them so com∣fortable and saving, that it has ever been practis'd with∣out Interruption. The 17 Cannon of the Synod of Laodicea prescribes the manner of singing them in the Assembly. It would be endless to relate all the Fathers have said in commendation of these Divine Hymns, the praise whereof they have endeavour'd to strive who should most exalt them, especially St. Basil, St. Ambrose, St. Chrysostom, Theodoret, and several others, therefore I'le content my self in producing what is said by the Author of the Christian Topography,
That the Psalms of David are sung in all Churches throughout the World, and that they are almost in every bodies mouth, as well great as small, and that in each Church
they are sung, * 2.59 and they are oftner read than the Writings of the Prophets, or any other sacred Monu∣ments.
The Congregations of Believers being also appointed to sing the praises of God, and to comfort and fortifie themselves by the use of Psalms, All shall be advertis'd to carry their Psalm Books to Church, and those who by disdain shall neglect to have them, shall be sensur'd, as also those which shall not be uncover'd in the time of singing, as well before as after Ser∣mon, and also during the time of celebrating the Sacra∣ments.
Seeing Prayer and singing Psalms are things Essential to Piety, our Discipline doth justly prescribe the Manner and Means to do it as becometh, and to declare those worthy of sensure which shall transgress their Ordi∣nance.
It requires the same thing in the time of celebrating the Sacraments, and in desiring it, it nothing differs from the practice of the Antient Church, which had so great Respect for Baptism and the Lords Supper, that it suffer'd not the Catechumeny, Energumeny, or Penitents, to be present at celebration of one or the other, calling them both Terrible Misteries.
In times of great Persecution, or of Plague, War, Fa∣mine, or other great affliction. Also when Election is to be
made of Ministers of the Word of God, and at the time of entering into the Synod, one may if necessity require, one or more days, have publick Prayers, with fasting, yet without seruple, or superstition, all done with great caution, and con∣sideration. And the Churches shall be advertis'd to conform one with another in celebrating a Fast, as near as they can, according to convenience of time and place.
Tertullian being turn'd Montanist, and by consequence an Enemy of Catholicks and the Orthodox, * 2.60 whom he treats injuriously and after an unchristian manner: Ter∣tullian, I say, reproaches them in his Book of Abstinence, which he wrote expresly against them, he reproaches them that they fasted voluntarily according to the subject and occasion they had for it, and in the same Book he saith, that the Bishops were wont to appoint the People to fast when the Church had need to humble it self in the sight of God, * 2.61 and that it is in fear of some evil that threa∣tens it; this was the manner of the Antient Christians in celebrating of Fasts; an order which we exactly follow, and which is grounded in that Jesus Christ nor his Apo∣stles, have not prescrib'd in any place of the New Testa∣ment on what dayes one should or should not fast, as St. Austin has observ'd in his 86 Epistle to Casulanus.
Those Churches which have been accustom'd to make pub∣lick Prayers on certain dayes, may keep the order they have for a long time happily used, and others may conform there∣unto according to the means which God shall please hereafter to give them, and as their Edification shall require.
This Article has no other Scope but to establish an in∣tire Conformity in the Churches, as to what regards the Exercises of Piety and Religion, * 2.62 near hand as when the Council of Epaume in the year 517. ordain'd, that in the out Provinces for celebration of Divine Offices, the same Order should be observ'd as is by the Metropolitan; the same thing was concluded the same year in Spain in the 1 Council of the Synod of Gironda, * 2.63 To. 3. conc. pag. 806, and Anno 633 in the 2 Cannon of the 4 of Tolledo, To. 4. conc. pag. 582. and in the year 465 a Council of Vannes had appointed that throughout the whole Province, the same Order and Rule for Divine Offices, and for sing∣ing of Psalms, should be observ'd.
There shall no Prayer, or Sermon, nor publick Alms be given at Burials, to shun Superstitions, and those which ac∣company the Corps shall be exhorted to behave themselves with modesty during the time, meditating according to the object before their Eyes, as well the miseries and shortness of this life, as the happiness of the life to come.
All pretence towards superstition whereunto Men are too apt to incline, is in this Article endeavour'd to be a∣voided.
Because Mourning don't consist in Apparel, but in the Heart; Believers shall be warned to demean them therein, with all Modesty, rejecting all Ambition, Hypocrisie, Va∣nity and Superstition.
This last Article prescribes Modesty, and excludes Hy∣coprisie and Ambition, which were generously opposed by the Primitive Christians.
BAptism administred by one that has no Vocation, is ab∣solutely Void.
The Author of Apostolical Constitutions contents not himself to forbid Women to Baptise, he also prohibits all Lay Persons, because they are not called to it; in effect, having employ'd the Ninth Chapter of the Third Book to shew that Women should not Baptise, he thus begins the Tenth. Neither do we suffer a Lay Person to Exercise any Priestly Function, as to offer Sacrifice, that is to say to
celebrate the Sacrament, or to Baptise, or impose hands, or to give the Benediction, whether more or less, for none takes to him this honor, but he enjoys it, which is called of God. St. Basil was of no other Mind, as the Jesuit Petau con∣fesses in his Notes upon St. Epiphanius, where he says, St. Basil seems to have believed that Baptism conferr'd by Lay persons was Null; and to speak the Truth, this Holy Doctor speaking of the Opinion of St. Cyprian, of Firmilian, * 2.64 and others, which taught that all those ought to be Re-Baptis'd which had been Baptis'd by Hereticks, he saith, * 2.65 That they had appointed they should be purisied anew by the true Baptism of the Church, no more nor less then if they had been Baptis'd by Lay Persons: St. Basil would not have spoke after this Manner had he not been perswaded that Baptism administred by Lay Men, is not true Baptism.
As for Baptism administred by a Woman, * 2.66 Tertullian had before condemn'd it in his time, in his Treatise of Baptism, and had shewn that they were not permitted to teach, nor to Baptise. St. Epiphanius in the Heresie of the Colly∣ridians, which is the 79, in order, inlarges much in pro∣ving the same thing, to stop the rashness of Women, who would undertake to Baptise, * 2.67 observing also that the Holy Virgin had not this power, for if she had it, Jesus Christ might have been Baptis'd by her rather than by John Baptist. The fourth Council of Carthage made this De∣cree, Anno 398, That a Woman should not presume to Baptise. It is not then to be wonder'd that St. Epipha∣nius in the forty two Heresie, observes as a thing blame∣able, * 2.68 That the Arch-Heretick Marcion permitted Women to Baptise.
A Doctor in the Church cannot Preach, nor administer
the Sacraments, unless he be both Doctor and Minister.
This Article is but a continuance of the former, for seeing a Doctor in quality of a meer Doctor, hath no vocation to Preach the Word, nor to administer the Sacraments; it is unquestionable, the Baptism which he shall confer, shall be no other than that which shall be administred by a Meer Lay Man, to do it Lawfully, he must not only be a Doctor, but also a Minister.
A Jew, or Pagan, of what Age soever he be, ought not to be Baptised before being well Instructed in the Christian Religion, and that it appears they are so by their Confes∣sion.
There's nothing in this Establishment but what was practis'd in the Antient Church; St. Justin Martyr te∣stifies in his second or rather his first Apology, that the Christians of those times, would not Baptise those who would turn to their Communion, until after they had believed, and were throughly perswaded of the Truth of their Doctrine; and moreover promised to live con∣formable to the holiness of their Laws, and profession. Pope Victor the 1, ordain'd towards the end of the second Century, as the Pontifical Book saith in his Life; that in case of Necessity, one may Baptise all those that turn from Paganism to Christianity, either in a River, or in
the Sea, or in a Fountain, or in a Lake, upon condition nevertheless, that in the first place they should give an Account of the Christian Faith, and make an open Con∣fession of it. The Ten Books of Recognitions falsly at∣tributed to St Clement Disciple of the Apostles, are very ancient, but forged; and writ before Origen who liv'd in the third Century, in the VI of these Books at the end, we read St. Peter Baptised near the Sea, Those which had fully received the Faith of our Lord and Saviour; that is to say, those which believed in him, and which had been Instructed in the knowledge of his Gospel. St. Jerom expounding these words of our Saviour to his A∣postles, * 2.69 Go teach all Nations, baptising them in the name of the Father, of the Son, and of the Holy Ghost, St. Jerom observes, * 2.70 the Apostles taught them first, and that after having instructed them, they baptised them with Water, for saith he, It cannot be that the Body should receive the Sacrament of Baptism, unless the Soul has first received the truth of Faith: * 2.71 which the forty six Cannon of Laodicea also prescribes.
St. Owen writes in the VIII Chap. of the 2d. Book of the Life of St. Eloy Bishop of Noyon, That he baptised every year at Easter, those which in the compass of the year he could Convert, that is to say, those he could turn from the darkness of Paganism to the Light of the Gospel. Paulinus Arch-bishop of York did the like in the same Century, that is in the 7th. as is related by Beda in his Ec∣clesiastical History of England. Theodulph Bishop of Or∣leans follows the same method in his 1 chap. of his Trea∣tise of Baptism. * 2.72 Aleuin who approved not the Saxons should be constrained to be baptised by force, alledged for a Reason, that they ought first of all to be Instructed. But to descend to the last Century, Cardinal Borrome in the Fifth Council of M••llan, of which place he was
Arch Bishop, * 2.73 requires two things of Adults which are to be baptized; First, that they know the Rudiments of the Christian Religion: Secondly, That they repent of their Sins past: I will add to all I have hitherto observ'd, the practice of the Primitive Church, which instructed the Catecumeny, a long while before they Honour'd them with Holy Baptisme, There is in our Discipline, at the end of the Chapter we examine, a Form of Baptisme of those which shall be converted to the Christian Faith, And in the Thirteenth Century Nicetas Choniates composed one for Mahometans, which desired to embrace Christianity. * 2.74 The VI. Council of Paris Authorizes the Decree which it makes in the Year 829. Cannon the Sixth Book the First, by the Practice of the Primitive Church, To. 2. Conc. Gall. pag. 846.
The Children of Fathers and Mothers of the Romish Church, and of Excommunicate Persons, cannot be admit∣tisme in the Reformed Churches, though they were presented by believing Godfathers, unless their Father and Mother consent to it, and desire it, and resign their Authority, in quitting and yielding up to the Godfathers, their right, as to Instructing them, with promises their Children shall be Educated in the true Religion.
This Article is grounded on that Children depend of their Father and Mother, without whose consent they cannot be disposed of, nor christned against their Will, into a Communion whereof they are not Members; otherwise it were a Forcing People to be Baptized,
which the Church has ever condemn'd. * 2.75 King Chilpe∣rick, as is related by Gregory of Touers, commanded to Baptise the Jews, that is to say, he constrain'd several to be Baptiz'd, which Pope Gregory the First did not approve, as appears by the Letter he wrote to Vir∣gilius, and Theodorus, the former being Bishop of Arles, the other of Marsellia, and is the Forty Fifth of the First Book. So also when King Sisibute had done in Spain, after the same manner as Chilperick had done in France, * 2.76 the Fourth Council of Toledo in the year 633, changed their violent practice in its 56 Cannon, the Decree is contained in these terms,; As for Jews, the Synod has Ordain'd that henceforwards no body shall be for∣ced to believe, for God has compassion on whom he will, and harden whom he pleases, and such should not be saved by force, but voluntarily, to the end to preserve intirely the way of Justice; for as Man was ruin'd by voluntarily obeying the Serpent, he is also saved by believing, and converting to God, when he calls him by his Grace; let perswasion there be used, and not violence, to incline them to be converted truly and without any constraint; * 2.77 And 'tis to be observ'd that the Ordinance of this Prince, com∣prehended Children, * 2.78 and Domesticks; therefore St. Isidore Bishop of Sevil, wrote of him, having regard to this Edict, That he had a Zeal for God but not accor∣ding to Knowledge; And we have already seen on the pre∣cedent Article, that Alcuin Tutor to Charlemain, did by no ways approve the force was put on the Saxons in those times, Read his Letters in 104, and 105, and you'l see the truth hereof, insomuch as he deplored at the begin∣ning of the former, the misfortune of that People; which as he saith, often lost the Sacrament of Baptisme, be∣cause they never had in their hearts the Sacrament of Faith; Thence it is, he teacheth in both of them, that one
must begin by Instruction, that Faith is a thing volun∣tary and not forced, that a Man cannot be forced to be∣lieve that which he does not believe.
But that it may not be thought, the Subject I examin is of little importance, and that it might be put amongst things indifferent, to be done or left undone at pleasure, it must be shewn there is nothing more contrary to the tenour of the Gospel than to constrain Men to imbrace the profession of it; Jesus Christ the Author of this Heavenly Doctrine, and the Soveraign Doctor of this Truth never imployed force nor violence to have it received, he was content in Exhortations and Instru∣ctions which he accompanied with a hidden and secret vertue in regard of those he intended to call to his Communion, and which he drew with efficacy, but also at the same time, with Sweetness, with Cords of Love and Bands of Humanity and Charity. The Apo∣stles exactly followed his Example, Exhorting Men to repent and believe the Gospel, and praying them in the Name of Jesus Christ to be reconciled to God.
The Christians which succeeded the Apostles did just after the same manner. * 2.79 Tertullian in his Appollogetick declares positively that the Liberty of Religion cannot be taken away, nor deny Men the choice of the Divini∣ty which they adore, without rendring themselves guilty of the crime of Impiety and Irreligion, because, he pretends, the Service of God ought to have a willing mind for its first principle. And in his Book to Scapula he saith, That 'tis no Act of Religion to force the Re∣ligion which one should imbrace of free will, and not by constraint. Lactantius in the 20th chap. of the Fifth Book of his Divine Institutions, saith, There is nothing so voluntary as Religion, which ceases to be, * 2.80 at the very moment one has any aversion or hatred to it. St. Hilary
of Poictiers in his First Book to the Emperour Constan∣tius, * 2.81 writes, That God has taught the Knowledge Men have of him, before he required it, Authorising his Commandments by his Miracles, not desiring a for∣ced Obedience, nor an unwilling Confession; And in his Book against Auxentius, * 2.82 he reproaches the Arrians to have imployed Prisons and banishment to constrain Men to be of their side, and to enter into their Com∣munion. St. Athanasius was of the same Opinion, as he shews in several parts of his Works, particularly in his Epistle to the Solitaries, * 2.83 where he saith, That the Nature of Piety and Religion is not to constrain, but to perswade, after the Example of our Saviour who forced no body, but left it at every bodies choice to follow him, saying to all the World, If any one will come after me, and to his Disciples, and you, will not you also go? Af∣ter which he extreamly blames the Conduct of the Em∣perour Constantius, who at the desire of the Arrians, tormented the Catholicks, and used great violence to make them declare in his favour, violence which he exaggerates with comparisons too strong, the which I forbear to write. I might alleage other Testimonies of the Fathers, but I would not be too tedious.
Therefore it shall suffice to observe, * 2.84 that there is mention in Mr. Justels African Code of a Law that was published, by the which it was left to every bodies free choice, to imbrace the Christian Religion. The Em∣perour Jovian which succeeded Julian the Apostate, * 2.85 is praised in Socrates, in that he had suffer'd every body to make profession of what Religion he pleas'd, Ammianus Marcellinus has not failed to praise for the same thing, the Great Valentinian who succeeded Jovian in the Em∣pire, * 2.86 in his Thirtieth Book, which the Prince testifies of himself in the Theodocian Code, where he declares,
that as soon as he began to Reign, he made Laws, whereby every body had liberty to profess the Religion wherein he had been instructed and train'd up; I can't tell if I should mention Constantine Pagonat, or the hairy, who in the Letter he writ to the Bishop of Rome, on occasion of the Sixth Universal Council he assembled at Constantinople, * 2.87 he speaks to him in this manner, We may excite and exhort all the World to amend, and to joyn with the Christians, but we will not constrain any body: But I know I ought not, and examining this matter without speaking of the Emperour Mar••i••n, by whose Authority the Council of Chalcedon was assem∣bled in the Year of our Lord 451, for in the Letter he writes to the Archimandrites, and to the Friers of Je∣rusalem, and the parts thereabouts, he saith, speaking of this Council, That no body was constrained by his Order to subscribe and consent to it, and see here the reason he gives; For saith he, * 2.88 we will not force or hale any body into the way of truth by threats nor violence: Words becoming that wise Prince; and which deserves to be graven in the mind of all Soveraigns: And it is to be wished for the Honour of Charlemain, * 2.89 that he had so acted in regard of the Saxons, and not to have threat∣ned with Death those amongst them as refused to be baptiz'd.
The Children of those also which are called Sarazins may be received to Baptisme in the Reformed Churches, on the conditions above-mention'd, provided also they may be void of all presumption on account of any former Baptisme re∣ceived, and after serious remonstrances made to Godfathers, to consult how they may best discharge the promise and obli∣gation
they make to the Church, and moreover that Godfa∣thers and Godmothers charge themselves with the mainte∣nance and instruction of the Child.
This Article being much like the former, it needs no other explication than that I have made on the Fourth, where I have observed several things.
Baptisme shall not be administred but in Church Assem∣blies, where there is a Church publickly setled, and where there is not a publick Church, and the Fathers and Mothers by reason of sickness fear to have their Children christned at Church, the Ministers shall prudently advise what to do in the matter; however that there be the form of a Church, together with Exhortations and Prayers; But if there be no Church, and that an Assembly is not to be had, the Minister shall make no scruple to baptize the Infant of a Believer presented to him, with Prayer and Exhortation.
The Fifty Ninth Cannon of the VI. Oecumenical Council in the year 692, forbids administring Baptisme in Oratories, in private Houses, it requires it should be perform'd in the Catholick Churches, * 2.90 threatning to de∣pose the Church-Men which obey not this Decree, and to Excommunicate the Laity which shall violate it. Nevertheless the same Council permits to do it by ad∣vice of the Bishop of the place, Cannon Thirty First, although the Fifty Eighth of that of Laodicea had ab∣solutely
prohibited to Bishops and Priests in the Fourth Century, to celebrate the Eucharist in private Houses.
But the difficulty is to know what the Council means by the Catholick Churches, * 2.91 when it forbids christning any where else, an Expression which I also find in the Preliminaries of the Second Council of Nice, where it is said, the Bishops went ad Luteram of the Holy Catho∣lick Church: The term Luter which comes from the Greek 〈◊〉〈◊〉 signifies a Basin, or Vessel to wash the feet, and I can't tell if in the words I examine, it may not be put for the Baptismal Fountain. After all, I am in∣clin'd to think that by the Catholick Churches here spoke of, is to be understood the Churches appointed for all the People in general, and where there was publick Fonts, according to which there is mention in the Capitularies of our Kings, * 2.92 of Baptismal Chur∣ches, so called, because there was a Publick Font or Christning Place, as appears by the Seventh Cannon of the Synod which Pepin the Father of Charlemain caus'd to be held apud vernum, Anno Dom. 750, There must not be a publick Font in any Parish, but there where the Bishop whose the Parish is, doth appoint. * 2.93 Flodoard in his Second Book of his History of the Church of Reims, chap. 19. calls these Churches, Baptismal Titles, which distin∣guished them from others which had not Fonts.
And it is very probable that there was in each City but one Baptismal Church where all the People were Christen'd, which was also observ'd in Villages in the Country, so it must be understood the Decree of the Council of Meaux in the Year 845, * 2.94 That no Priest presume to Baptize but in the Baptismal Churches which are in the Villages. As for Oratories it was not permitted there to build Fonts as we find by the Ninth Epistle of the Second Book of Gregory I. of the 71 and 83 of
the 7th of the Third of the 8th of this practice continued also in Pope Zacharies time, who also wrote so to Pepin in the year 747 in using the very terms of Gregory I. But in process of time twas left to the Li∣berty of the Bishop to suffer it, provided that the con∣sent of his Clergy also interven'd; It is what may be seen in the Decree of Gratian, cap. 16.9. 1. c. 35. More∣over these Baptizing Churches which were otherwise named Plebes, and Oracula, were in so great considera∣tion above others, that Charlemain in his Capitulary in the year 793, chap. 2. will not have them possessed by Lay-Men, to whom he forbids to grant them under the Title of Bennifice, although that was not alwayes observ'd; And it may be the Names of Plebes and Oracula, was given to these Churches, because all the People were wont there to resort to hear the Oracles of God, that is to say, the Word of his Gospel.
Inasmuch as our Discipline suffers Ministers to bap∣tise out of the Assemblies, when it is impossible to have them, it agrees very well with the Seventh Cannon of the Council apud Vernum, which I cited above, where 'tis permitted in case of Necessity to Baptize out of the places where publick Fonts were erected; Moreover, Vernum Palatium, was one of the Kings Pallaces betwixt St. Dennis and Compeigne, at least many do think so.
Seeing we have no command of Christ to take Godfa∣thers and Godmothers to present our Children at Baptisme, there cannot an express Law be impos'd on Persons to do so; Nevertheless because it is an Antient Custom, and introdu∣ced for a good end, to with to testifie the belief of the God∣fathers, and the Baptisme of the Infant, and also to main∣tain
the Society of Believers in Friendship and Amity, those which desire not to follow it but would present their Children themselves, shall be earnestly exhorted not to be contentious, but to conform to the Ancient Custom, which is good and profitable.
The Custom of Godfathers and Godmothers to pre∣sent Children at Baptisme, is very Ancient, seeing Ter∣tullian makes mention of it in his Book of Baptisme, chap. 18. St. Austin in his Twenty Third Epistle saith, they are presented by their Father or Mother, or by others; * 2.95 the pretended Dennis the Areopagite in his Ec∣clesiastical Hierarchy, speaks but of Godfathers, which should be faithful, and chosen by those which are to be Christned, if they are Adults, or by the Fathers and Mothers, if they are young Children; and he would also make the Reader believe that 'twas instituted by the Apostles. Gregory the First in his Book of Sacra∣ments, doth not also forget those which present Chil∣dren at Baptisme. As for Cesarius of Arles, he declares in the Twelfth of his Homilies, given us by Monsieur Baluze, that the Father and Mother are to be answera∣ble, the VI. Cannon of the Council of Metz in the year 888, * 2.96 ordains that the Father or Mother of the Child receives it when it comes out of the Baptismal Foun∣tain, so great Liberty has been us'd by the Church in these things: Read the Three last Testimonies I have mentioned on the Twelfth Article.
Women shall not be admitted to present Children to Bap∣tisme
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unless accompanied with a Godfather, and after ha∣ving made profession of the Christian Religion.
In all Antiquity there is few or no Examples to be found of a Woman that presented a Child to be Bapti∣zed without a Godfather, and much less of an unbelie∣ving Woman; in effect, we have seen on the Seventh Article, That those which presented Children should be believers. What I alleadged of the Council of Metz on the same Seventh Article, not destroying what I say on this, if one reads all the Cannon, besides that it has sometimes been suffer'd amongst us upon some Conside∣rations as appears by the National Synod of Poictiers in the Year 1560, that's to be understood in regard of believing Women, though this sufferance is not at pre∣sent in use.
No Godfather coming from another Church, shall be suf∣fer'd to present a Child to Baptisme, without bringing a Certificate from his Church.
Anciently no Stranger was received without a Testi∣mony from his Church, it is the Order of the Seventh Cannon of the Council of Antioch in the year 341. Let no Stranger be received, without Pacifick Letters, It is what appears also by the Fifty Eighth chap. of the Second Book of Apostolical Constitutions, where we
read, that neither Brother nor Sister of another Church, was to be received without Letters of Recommen∣dation.
Those which present Children to be baptized must be of competent Age, as of Fourteen years old, having received the Sacrament; Or if they are more advanc'd in Years, and have not received the Lords Supper, promise faithfully to do it, and are duly catechised.
Herraud Bishop of Touers in his Capitulary of the Year 858, makes this Ordnance, * 2.97 That none shall re∣ceive any at the Baptismal Fountain, unless he knows by heart in his own Language, and understands the Lords Prayer, and the Apostles Creed, and that all know the Covenant they have made with God. * 2.98 The Sixth Cannon of the Council of Metz prescribes the same in substance in the Year 888; * 2.99 Cardinal Borrome Arch-Bishop of Millan, in the Fourth and Fifth Councils which he there caused to be held, in the Year 1573, and 1579, orders the very same, marking also as well as our Discipline the Age of Fourteen Years; and to observe the exactness of our Discipline with that of the Antients, it is to be known that we admit none to participate of the Holy Sacrament of the Eucharist till after he has given sufficient proof of his being well-instructed, and of his knowledge, in the Misteries of Salvation. The Sixth Council of Paris, precedent to all the Testi∣monies I have hitherto cited, seeing it was assembled in the Year of our Lord 829, This Council complains in
the Seventh Cannon, Book the First, That those which present others to Baptisme, * 2.100 have not know∣ledge sufficient to instruct them, which he attri∣butes to the negligence of Conducters, and in the Fifty Fourth Cannon, he will by all means have them taught to be able to answer for the Instruction of those which they present; even serving themselves in the Seventh Cannon, of some words of a Sermon of St. Austins to confirm what he sayes. * 2.101
Those which are suspended from the Lords Supper, can∣not as Godfathers, present Children to be baptized, whilst their suspension holds.
This same Council of Paris which I but now cited, prohibits in the last of its Cannons, that is to say, the Fifty Fourth, it forbids those which for some Crime, is under Pennance, and by consequence excluded from the Sacrament, not to present any Body at Baptisme, until such time as they are reconcil'd to the Church. Cardi∣nal Borrome in his First Council of Millan, * 2.102 which he held Anno 1565, forbids the same thing to all that are Excommunicated.
Ministers shall diligently warn Godfathers and Godmo∣thers to weigh and consider the promises they make at the Celebration of Baptisme, and Fathers and Mothers also to choose Godfathers and Godmothers well instructed in Reli∣gion,
and of good Life and Conversation, and that may be of their Acquaintance, as near as may be, and that by their means there may be appearance, in case of need, the Children may be well Educated.
The Author of the Ecclesiastical Hierarchy, * 2.103 under the name of Dennis the Areopagite, prescribes just what is appointed by our Discipline; Jonas Bishop of Orleans follows the same Steps in the Ninth Century, and Esta∣blishes by the words of St. Austin, the Duties wherein Godfathers and Godmothers stand bound to those which they present to be Baptized, it is to what he imploys the Sixth Chapter of the First Book of Instruction of the Layity; and the words of St. Austin he makes use of, * 2.104 are taken out of the Sermon 133, of Time, which is in the Tenth Tome of his works. * 2.105 Cardinal Borrome in his first Council of Millan, Anno 1565, follows the same steps with the Antients, ordering to warn Godfathers of their Duty towards their Neophytes, * 2.106 both as to Do∣ctrine and Manners, where Fathers and Mothers are wanting. A long while before this Council of Millan, St. Eloy had recommended the same thing to Godfathers, and in the Second Book of Capitularies, chap. 46. God∣fathers are enjoyn'd to apply themselves to teaching Children they have presented in Baptism, because they have answer'd for them; It is also the subject of a Can∣non of a Council of Reims in Reginon, Lib. 1. cap. 272.
Those which by Trustees shall present Children to be Bap∣tized in the Churches of Rome, shall be severely sensur'd, as consenting to Idolatry.
In the Antient Church those which lived in a Com∣munion separate from others, never presented their Chil∣dren to be baptized in those Societies whereof they were not Members, and with whom they held no fel∣lowship nor correspondence in matters relating to Reli∣gion and the service of God.
As for Names given to Children, Ministers shall reject as much as in them lies, and as shall be expedient, those that savour of Antient Paganisme, and shall impose on the said Infants, the Names attributed to God, in the Church, as Emanuel, and the like; and moreover shall admonish Fathers and Godfathers to choose Names approv'd in the Holy Scripture, as much as may be possible. If they have a desire to some other, they may be admitted, those abovesaid only excepted, and such as may tend to indecency.
Dennis Bishop of Alexandria, observes in Eusebius, That the Antient Christians were wont to give their Children, the Names of Peter, Paul, and other Holy Men, as well to shew the Love and Respect they bore
those Holy Persons, as to render their Children as dear in the sight of God, as those Holy Men were. St. Chrysostom writes that the Antiochians loved Miletius their Pastor so tenderly, that they call'd their Children by his Name, for this end forgetting that of their An∣cestors: And in the Twenty First Homily on Genesis, which is in the Second Volumne, he Exhorts his Audi∣tors not too lightly to impose all sorts of Names, no not even those of their Grandfathers and Great Grand∣fathers, and those which have been illustrious by Birth, on their Children, but rather the Names of these Holy Men, which have been celebrated for their Vertues, and in favour with God; and elsewhere he complains of those which do otherwise; according to which Eusebius speaks in his Book of the Martyrs of Pallestine, chap. 11. of Five Martyrs, that having quitted the Names they received from their Fathers, because, saith he, they were it may be some Idol Names, they took the Names of Elias, of Jeremiah, of Esaiah, of Samuel, and Daniel. The Fourth Council of Millan whereof we spake on the Tenth Article, requires this Custom to be followed. I think therefore our Discipline does very well in keeping the medium, betwixt too great a Seve∣rity and too great Indulgence, whereunto the Establish∣ments of our National Synods agree very well on this Article.
Ministers shall warn their Flocks to behave them with all due Reverence when the Sacrament of Baptism is admi∣nistred. And to avoid the contempt most People make of Baptism either going out of the Assembly, or behaving themselves in it irreverently when it is administred, it has
been thought good that for the future it be administred be∣fore singing the last Psalm, or at least before the last Prayer, and the People shall be warned to bear the same Re∣verence in the Administration of Baptism as of the Lords Supper, seeing Jesus Christ with his benefits is offered us in the one as well as the other Sacrament.
In the Fifth Action of the Council of Constantinople under Memma, * 2.107 which was its Bishop about the Year of our Lord 536, there is a request of the Church of Apa∣mia,, where is shewn the profound respect one ought to have in the time of administring Baptism; thence it is the Antient Doctors do call it a Mistery, or terrible Mi∣steries. There is in the Euchology or Ritual of the Greek Church, an excellent Oration to the Catecume∣ny which are on the point of receiving Baptisme, * 2.108 in the which is represented in a touching and Pathetical man∣ner, the dignity of this August Sacrament, with the reve∣rence and holy fear one should have when one celebrates it. Cardinal Borrome in his Fifth Council of Millan, as∣sembled Anno Dom. 1579. Appoints all Curates, To warn frequently all those which assist at the Celebration of Holy Baptisme, * 2.109 to bring all manner of Piety, Devotion, and attention, meditating secretly and with care, the promises they have made to God, when they were Baptized: It is not therefore to be wonder'd if St. Chrysostom speaks of the Baptismal Fountain, as of a redoubtable and desirable Pool both together, * 2.110 and if he Exhorts those which are going to be baptized to prostrate themselves as Captives before their King, to cast themselves on their knees, lifting up their hands to Heaven where the King of us all, saith he, is sitting on a Royal Throne, because in
effect, we owe this respect and veneration to his Sacra∣ments, at all times that we are present when they are Celebrated.
The Consistory shall have an Eye over those which with∣out great Considerations, keep their Children long from be∣ing Baptized.
St. Cyprian, * 2.111 or rather a Synod of 66 Bishops of which he was Chief, appointed that Infants newly born should be Baptised, without deferring too long Baptising them, and condemned the Opinion of a certain Bishop called Fidus, that would have it put off to the Eighth day, as formerly to Circumcise them. Pope Syricius in his Letter to Himerius Bishop of Tarragona, * 2.112 writes towards the end of the 4th. Century, that he thinks convenient young Infants should speedily be Baptis'd. The V. Cannon of the Council of Gironda in Catalonia, assembled in the year 517, prescribes that they should be baptised the very same day they are born, if it happen they are in∣firm, which is very common. * 2.113 Peter Chrisologus Bishop of Ravenna shews sufficiently in his 10th. Homily, that care must be taken to administer Baptism to young Chil∣dren. Him that writ the forged Ecclesiastical Hierar∣chy in the name of Dennis the Areopagite, * 2.114 is of the same Mind, and even attributes it to the Apostles, although he determines not exactly the time. I should never have done should I produce all the Testimonies of the Antients touching the Baptising young Children, seeing it has al∣ways been practis'd in the Church; my design is chiefly
to shew that the Authors of our Discipline had reason when they appointed not to defer Baptising of young Children too long; and I have sufficiently shewed that this practise is conformable to that of the Antient Church.
Nevertheless it is not to be thought this practise has always been so well establish'd in the Church, that it has not found some Opposers, Tertullian in the Eigh∣teenth Chapter of his Treatise of Baptism, would have their Baptism put off till they were of Age to give an account of their Faith. Gregory of Nazian∣zen don't go quite so far, * 2.115 but at least it should seem con∣venient they should be of three or four years of Age be∣fore they receive the honour of Baptism; because he thinks at that Age they may understand some questions as may be asked them, and make answer thereunto. The Christians of Thessaly referred the Christening of their Children till Easter whatever accident befell them, so that a great many of them dyed without Baptism, as Socrates observes in his Ecclesiastical History, Chap. 12. Book 5. The more I consider all these things, the more I approve the Conduct of our Discipline, which prudently enjoyns Consistories to take care that the Baptising of Infants should not be deferr'd too long.
As for Adults, it is well known that in the Primitive Church, many deferr'd their Baptism a long while, and many times to the end of their Life; but it is also known that the Fathers have condemned those which did after this Manner.
Although a believing Man has a Wife of the contrary Re∣ligion, yet is he not excused if his Child be presented to be
Baptis'd in the Romish Church, and therefore, shall not be admitted to the Lords Supper, unless it be so that he has hin∣der'd it with all his might.
Besides what I have said on the 13th. Article, it must be observed, that the Father is Master of his Children, and shall joyn to this remark the 14th. Cannon of the Council of Calcedon, which prescribes to Readers and Singers, which are Married, not to permit their Chil∣dren to be Baptised elsewhere than in the Catholick Church, if by chance their Wifes lived in another Com∣munion; and if unknown to them they have caused them to be Baptized in the Society whereof they are Members, it enjoyns them, that is to say, the Husbands, to bring them back into the bosom of the Church, out of the which they have been Baptis'd.
Baptisms shall be Registred, and carefully kept in the Church, with the Names of Fathers and Mothers, and Godfathers and Godmothers, and Children baptised; and the Fathers and Godfathers shall be bound to bring a Ticket wherein shall be contain'd the Name of the Child, of the Fa∣ther and Mother, and Godfather and Godmother thereof, and the Day of its Birth also shall be expressed.
The Author of the Ecclesiastical Hierarchy, falsly at∣tributed to Dennis the Areopagite, makes mention of this Custom, according to which was Register'd the Names
of those which were Baptised, * 2.116 and of the Persons which presented them. The Friar Maximus his Scholiast, con∣fesses it so in the VII. Century. As he fully explains himself in his Notes on the place we but now obser'd, and Pachymeres who made a Paraphr••se on this same Writer, in the 13th. Century, has not passed over this Circumstance in silence, observing that the Priests and Deacons wrote on Holy Tables, the Names of them who were Christened, and of their Godfathers; It's true he was mistaken in thinking these Tables was that which in the Church was called the Book, or the Diptyches of the Living; for this publick Begister where the Names of the Baptised and those which presented them, was a different thing from the Sacred Diptychs, which were a kind of little Book of two Leaves, in one of which was writ the name of the Living, whereof there was comme∣moration made at the time of Celebrating the Eucha∣rist.
However it be, * 2.117 I make no question but the Greek Ri∣tual makes allusion to the practise I Examin, in a fine Exhortation which the Bishop makes to the Catechumeny on Good Friday; The Council of Trent in the 24th. Ses∣sion, Anno 1563. appoints Curats to write the Names of the Baptised, and of the Godfathers and Godmothers. Cardinal Borrome who glory'd to hold to the Decisions of the Council of Trent, * 2.118 and to see them put in Execu∣tion; failed not to prescribe to his Curats in the first Council of Millan held in the year 1565, * 2.119 to have a Book and therein to write the Names and Surnames of the baptised, also of Father and Mother and Godfathers and Godmothers, together with the day of the Childrens birth, and of that when they are baptis'd, which he also repeats in two other Councils held in the same place, that is in the 4th. and 5th.
The Names of Fathers and Mothers of unlawful Chil∣dren or Bastards, shall be Register'd in the Church Book, that they may be known, except such as are born in Incest, to the end to extinguish the remembrance of so heinous a Sin, in which case it shall suffice to name the Mother, with him or her that shall present the Child. And in all illegitimate, it shall be said, that they are not born in Lawful Marriage.
This Article is much the same with the precedent One, saving only that there is question of Children born in unlawful Copulation, which our Discipline requires to have their baptism Register'd, on condition nevertheless, that it shall be observed they are born bastards; it is to what amounts the Ordinance of Cardinal Borrome, in the place of the Council of Millan but just now cited, for he enjoyns, that it be marked in the Church-book, if the Children are begotten in lawful Wedlock.
AFter that the Catechumeny has been sufficiently in∣structed and Catechis'd to give an account of his Faith, and that the Church shall by good Testimonies have taken cognisance of the Integrity of the Persons Life and Learning, they shall by the said Persons be pre∣sented to the whole assembly of believers to be baptised in their presence; And the Minister shall say.
The first Demand.
Do you not confess that you are a Child of Wrath, deserv∣ing death and everlasting damnation?
Answer, Yes.
Demand. Are you not displeased and grieved for all the the sins you have committed ever since you were born, and don't you promise for ever to forsake them?
Answer. Yes.
Dem. Do you not with all your heart forsake the seduce∣ments and temptations of the Devil and his Angels, of all the Pomps and Vanities of the World, and of all the Affections and Lusts of the Flesh.
Answ. Yes.
If it be a Pagan the Minister shall say to him.
Dem. Do you not believe there is one only God which made Heaven and Earth, who supports all things by his po∣werful Word, and in whom we live, move, and have our being?
Answ. Yes.
Then the following demand shall be made which is common to all, and which are to be offer'd to all.
Dem. Do you not believe this great God which has created Heaven and Earth is one in Fssence, and distinguished into three Persons, Equal and Coeternal, the Father, the Son be∣gotten of the Father from all Eternity, and the Holy Ghost proceeding Eternal from the Father, and the Son?
Answ. Yes.
If it be a Pagan, the three following Questions shall be propos'd.
Dem. Do you not believe this great God never leaving himself without Witness, has manifested himself to Men, not only by his Works, which from their first production continu∣ally publish his Praise and Glory, but also by revealing his Will for the Salvation of Mankind, contained in the Holy Scriptures called the Old and New Testament?
Answ. Yes.
Dem. Do you not believe that all these Holy Scriptures are divinely inspired, and continue the perfect Rule of our Faith and good Living?
Answ. Yes.
Dem. Do you not protest to resist the Devil to the last
minute of your Life, whom you have hitherto adored, serving sdols made with hands, or the host of Heaven, or to conclude, those which by Nature are no Gods?
Answ. Yes.
If it be a Jew, these sive Questions shall be made, o∣miting the four above expressed, they belonging to Pagans.
Dem. Do you not detest the Rebellion and Obstinacy of the Jews, and do not you beg pardon for having been so long time ingaged therein?
Answ. Yes.
Dem. Do you not believe that what God has been pleas'd to reveal to us of his Will, is contain'd not only in the Books of the Old, but also in those of the New Testament?
Answ. Yes.
Dem. Do you not believe that Jesus the Son of the Bles∣sed Virgin Mary, conceived in her by the ineffable Power of the Holy Ghost, and after condemned to dye on the Cross through the false Accusation of the Jews, by the wicked Sen∣tence of Pontius Pilate, raised from the dead the third day, and now sitting in Glory; is God manifest in the Flesh, the Eternal Word of the Father, by which he created and main∣tains the whole Ʋniverse, the blessed Seed promised to Adam presently after his Fall, by vertue of whom the Serpents head is broken, whose coming all the Patriarchs expected with Hope, and the great Prophet and true Messias foretold as well by Moses, as by the other Prophets which lived after him?
Answ. Yes.
Dem. Do you not believe that the Lord Jesus is the ful∣filling of the Law in Righteousness to all which believe, the truth of his Types and Figures, the true Lamb of God
which taketh away the Sins of the World, and that in him dwells the fulness of the Godhead bodily?
Answ. Yes.
Dem. Do you not believe that now the observation of Le∣gal Ceremonies is not only superfluous, but also wholly pre∣judicial to a good Conscience?
Answ. Yes.
If the Catecumeny be a Mahometan, the Minister shall ask these following Questions, omitting the for∣mer, which particularly refer to Pagans or Jews.
Dem. Do you not believe that the Scriptures of the Old and New Testament are inspir'd of God, and conttain his whole Will for the Salvation of Mankind, and the only per∣fect Rule of Faith and good Living.
Answ. Yes.
Dem. Do you not believe that Jesus the Son of the Blessed Virgin Mary, conceived in her by vertue of the Holy Ghost, and made after the Flesh of her substance, is God and Man blessed for ever, perfect God, and perfect Man, Man made of a Woman in the fulness of time, and God ingender'd of God the Father before all Eternity?
Answ. Yes.
Dem. Do you not believe that the Lord Jesus from his first conception after the Flesh, was Holy, Innocent, with∣out Spot, separate from Sinners, and that he suffer'd not Death for his Sins, but for ours¿
Answ. Yes.
Dem. Do you not believe that his Death is the propitia∣tion of our sins, yea, for the sins of the whole World; and that this propitiation is of infinite Merit, whereby Eternal Glory and Salvation has been acquir'd for us?
Answ. Yes.
Dem. Do you not believe Mahomet was a Deceiver, and that his Alcoran is a Sacrilegious heap of Dreams full of absurdities, and broached a purpose to set up a false and abominable Religion.
Answ. Yes.
Dem. Do you not believe that the Gospel of our Lord Jesus is the power of God to Salvation in all them which believe, That the only Christian Religion, is the power of God to Salvation in all them which believe, that the only Christian Religion, is that alone whereby God the Father has revealed his good pleasure for the Salvation of Mankind until the end of the World, that since the manifestation thereof, there is no other to be expected, that the Lord Je∣sus Christ only, is the great Prophet promis'd to the Belie∣vers of the Old Testament, and that God having formerly spoken in divers manners to Men, before, and under the Law, has spoke to the Church of the New Testament by the Mouth of his only Son Jesus?
Answ. Yes.
Quest. Repeat the summary of your Faith?
Answ. I believe in God the Father Almighty, Ma∣ker of Heaven, and Earth, &c.
If the Catecumene be an Annabaptist, the Minister shall say,
Quest. Do you not believe that the Lord Jesus is and shall be true God and Man in both Natures Eternally, that he was according to his Manhood like to us in all things sin only excepted, so that he was the true Son of Abraham, of David, of the Blessed Virgin, proceeding from their Blood and Seed, and that the substance of his Body was formed not only of the Virgin, according to what the Apo∣stle saith, that he was of the Seed of David according to the Scriptures, that he was made of a Woman, and that he partook of Flesh and Blood like other Children?
Answ. Yes.
Quest. Do you not believe that the baptizing of young Infants is grounded in the Scriptures, and in the continu∣al practice of the Church?
Answ. Yes.
Quest. Do you not with all your heart renounce the Er∣rors of those which deny it; and are you not sorry for ha∣ving hitherto slighted it.
Answ. Yes.
Quest. Do you not believe that the Establishing of Magi∣strates is an Ordnance of God, to the which those which re∣fuse to submit, draw down damnation on themselves; And that all manner of Obedience after the Will of God is due to them?
Answ. Yes.
Quest. Do you not believe that this good God which calls us all by the Preaching of his Word to Life and Salvation, has instituted some Signs and Sacraments in his Church, which Seal and Confirm to us the Covenant of Grace, which is offer'd to us by the Preaching of the Gospel?
Answ. Yes.
Quest. How many Sacraments think you there are in the Christian Church?
Answ. Two, to wit, Baptisme, and the Lords Supper.
Quest. Do you not desire to be instructed in the Nature and Ʋse of Baptisme which you desire in the Church?
Answ. Yes.
Quest. The Minister shall say, Our Lord shews us all in what poverty and misery we were born, in telling us we must be regenerated, for if it be needful our Nature be renewed to have admission into the Kingdom of Heaven, it is a sign 'tis wholly sinful and cursed; therein therefore he warns us to be humbled, and cast down in our-selves, and in this manner he prepares us to desire and seek his favour,
whereby all the perverseness and evil of our first Nature shall be abolished; for we are not capable of receiving it, until first we have wholly laid aside all trust in our own Strength, Wisdom, Righteousness, even to condemning all that is in us.
Now when he has shewn us our misery, he then comforts us by his mercy, promising to regenerate us by his Holy Spirit to a Holy Life, which shall be to us as the entrance into his Kingdom; This Regeneration consists in two parts, which is that we should deny our selves, not following the way of our own reason, our Pleasure, and own Will, but subjecting our understanding and heart to the Wisdom and Will of God, mortifying all that is of us, and of the Flesh, afterwards we should follow the light of God, to comply and submit to his Holy Will, as he commands us by his Word, and bads us by his Spirit. The accomplishment both of the one and the other is in our Lord Jesus, whose Death and Passion is of such Vertue, that partaking thereof, we are as it were Dead to Sin, to the end that our fleshly Lusts should be mortified. In like manner by vertue of his Resurrection, we may be raised to a new Life, which is God, being Govern'd and Conducted by his Holy Spirit which worketh in us things well pleasing in his sight. Ne∣vertheless the first and principal point of our Salvation, is that by his Mercy he pardon and forgives us all our sins not imputing them to us, but blotting them out that they should not rise up in Judgment against us. All these Graces are bestow'd on us when he is pleased to ingraff us into his Church by Baptisme; for in this Sacrament he assures us of the pardon of our sins; And to this end he hath appointed the Sign of Water, to shew us, That as by this Element Bodily filthiness is washed away, he will also wash and purifie our Souls, that there might be no spot in them. Then he shews us our Renovation, the which lyes, as has been said, in the
Mortification of our Flesh, and in a Spiritual Life which he worketh in us.
So shall we receive double Grace and benefit of our God in Baptisme, provided we do not frustrate the vertue of this Sacrament by our ingratitude, which is that we have there∣in certain assurance that God will be a merciful Father to us, not imputing our Sins and Offences.
Secondly, That he will assist us by his Holy Spirit, to the end we may resist the Devil, Sin, and the Lusts of the Flesh, even till we triumph over them, to live in the liberty of his Kingdom, which is the Kingdom of Righteousness.
Seeing then 'tis so that these two things are accomplish'd in us by the love of Jesus Christ, it follows that the vertue and substance of Baptisme is compris'd in him, and indeed we have no other cleansing but his Blood, nor no other re∣newing but in his Death and Resurrection, but as he com∣municates to us his Riches, and Blessings by his Word, so also he distributes them to us by his Sacraments.
Now herein appears the wonderful Love of God towards us, that those Graces he bestows upon us, having before the coming of the Messias been restrain'd within the People of the Jews, and the partition Wall which separated the Jews and Gentiles being taken away by the Death of Jesus Christ, he shed abroad the Waters of his Saving Grace in such abundant manner, on the Children of Men, that in him there is now neither Jew nor Greek, Male nor Female, Circumcision nor Ʋncircumcision, nor any other Creature else, which can hinder us from this great Salvation, that Jesus Christ will be preached to all Nations, and the Cove∣nant of his Love confirm'd by Baptisme, according to the Commission given to his Apostles, saying, Go Preach to all Nations, Baptizing them in the Name of the Fa∣ther, of the Son, and of the Holy Ghost; And it is
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this Grace, Brother, which you desire to partake of by Bap∣tisme, is it not true?
Answ. Yes.
Quest. But because entring into the House of God every one should take care of his wayes, fearing to prophane the the Sanctuary, in adventuring according to the saying of the Wise Man, least he should offer the Sacrifice of Fools, and that he should be cleansed from the Leven and Error of Ma∣lice, do you not detest all the Errors which are contrary to the Holy Doctrine taught in our Churches.
Answ. Yes.
Quest. Seeing you are about to receive Holy Baptisme, do not you promise to live and dye in the Faith of the Lord Jesus heretofore confessed by you, accompanying it with a Holy Life and Conversation, and to imploy all your Thoughts, Words, and Actions to glorifie God, and edifie your Neighbours, submitting your self to the Order of the Church, and to the Discipline whereby this Holy Order shall inviolably be maintain'd.
Answ. Yes.
This being done, the Minister shall add, Let us pray to God that he would be pleased to Bless this Holy Action, and shall pray after this manner.
Lord our God, infinitely Wise and Merciful, we Praise and Bless thy Holy Name, for the favour thy good hand has vouchsafed to shed abroad on this thy Servant, who was in the most profound darkness of the shadows of Death when thou didst illuminate him, causing to shine on him the saving and quickning Light of the Day Star from on high, drawing him from a deplorable hardness to soften his heart, and freeing him from the bands of Death, to restore him to Life; as Lord thou hast taken away the vail which
was on his heart, calling him to confess the only true God, and him whom thou hast sent, Jesus Christ, and hast at this time inspired him with courage to make publick Con∣fession of thy most Holy Faith, and of the hope thou hast caused to spring in his Soul, enabling him to present him∣self in thy sight to receive Holy Baptisme, the Seal of thy Covenant, pledge of the remission of sins, and Symbole of our entrance into thy House by Spiritual Rege∣neration. Look Lord, more and more on him, with the eye of thy favour, forgiving all his sins, sprinkling his Soul with the precious Blood of the Lamb without spot, which taketh away the sins of the Woold, and making him feel the powerful vertue of its propitiation, let thy Spirit sancti∣fie and make him a new Creature, to the end that dying to sin, he may live unto Righteousness, and laying aside the Old Man with its Lusts, he may put on the New Man, which is renewed in Righteousness and true Holiness: And as we are about to pour on his head the water of thy Sacrament, shed forth on him the Gifts and Graces of thy Holy Spirit, receiving him into the number of thy Servants, and honour∣ing him with the Adoption of thy Children. Enable him to offer unto thee during the whole course of his Life, the Obe∣dience and Religious Service which is due unto thee, and for ever to persevere in thy Holy Covenant, to the end that as now in thy Name, we receive him into the Communion of thy Church Militant, thou wilt vouchsafe one day to receive him into thy Church Triumphant, and gather him for ever into the Assembly of the First born whose Names are written in Heaven. Hear us O Father of all Mercies, to the end the Baptisme we confer upon him according to thine Ordi∣nance, may produce its Fruit and Vertue, as 'tis revealed to us in thy Holy Gospel in thy Son our Saviour Jesus Christ, who has commanded us to pray unto thee, and say, Our Fa∣ther which art in Heaven, &c.
Speaking to those who present the Catecuminy, the Minister shall say to them.
Quest. As you have been charitably imployed in the Teaching and Instructing our Brother, and are Witnesses of the Baptisme he is to receive at this present by our Mini∣stry; Do you not promise in the presence of God and this Holy Assembly, to continue more and more to strengthen him in the Faith, and exhort him to good Works.
Answ. Yes.
This being done, speaking to the Catecumeny which waits, kneeling to receive Baptisme, powing the Water on his head, the Minister shall say, Having seen the Testimonies of your Faith, N. I Baptise you in the Name of the Father, of the Son, and of the Holy Ghost; Amen.
There is nothing in all this formulary as large as it is, which is not found in substance in what we have remaining of the Catechisms of the Antient Doctors of the Church, and in what was practis'd towards those to whom Baptisme was to be conferr'd; and because most part of those which converted themselves to the Christian Faith, turn'd from Paganisme, where they had learn'd to believe and serve several Gods, the first step they were made go in the way of Salvation, was to make them renounce this Diabolical Doctrine, after∣wards to believe, and be throughly perswaded that there is but one True God, which has made Heaven and Earth, that supports all things by his Almighty Word, who gives us our Life, Being, and Motion, who ne∣ver
left himself without Witness, and has manifested himself to Men, not only by his Works, but also by Reve∣lation of his Will, contained in the Holy Scriptures of the Old and New Testament. * 2.120 The first act of Faith of the Catecumeny's, saith St. Cyril of Alexandria in the third Book of Adoring in Spirit and Truth, is to depart from the belief and opinion touching the plurality of Gods, and to imbrace him who is the only true God by Nature.
Theodolphus Bishop of Orleans in a Treatise he made of the Order, which is to be observ'd in the administrati∣on of Baptism, establishes near hand the same practise when he writes in chap. 2. that the first instruction which is given to Catechumenies, is, that there is one true God, to the end that leaving the worship of the creature, they should Consecrate themselves to the Worship of God the Creator.
It's true that when 'twas a Jewish Proselite, he was ob∣liged before Baptisme, to renounce particularly all legal Ceremonies, to the Ancient, Material and Typical Wor∣ship, to the Jewish Washings and Purifications, to their Feasts, their New Moons and Sabbaths, and generally to all that pertained to the Synagogue, especially to the false Messias they yet expect, and will never come. More∣over they were to make open profession to believe in God the Father, Son and Holy Ghost, Holy, Consub∣stantial and individual Trinity, that they should admit of the Incarnation of the Eternal Word Jesus Christ our Saviour, in confessing he is come into the World, and that he is made Man, but not ceasing to be God, the Holy Virgin having brought him forth after the Flesh, and by this means being become the Mother of God. It is after this manner they proceeded with the Jewish Pro∣selites, * 2.121 as we find by a Catechism in the Ritual of the
Greeks, which in substance answers to what's prescrib'd in our Discipline.
But if it was a Mahumetan that imbraced the Christian Religion, the first thing that was requir'd of him, was to Anathematise Mahomet, his Sectators, his Successors, his lying Alcoran, full of Impostures and Dreams, especially in what regards our Saviour Jesus Christ; in a Word, all the impieties which depend of the Carnal Religion of this infamous Impostor of the East; which being done this Proselite made this Declaration; I now adhere to Jesus Christ the only true God, I believe in the Father, the Son, and the holy Ghost, holy, indivisible and consubstantial Tri∣nity, I believe the Mistery of the Incarnation, and the com∣ing into the World of one of the holy Trinity, that is, of the Word and only begotten Son of God, who was begotten of the Father before the World began, by whom all things were made, and I am perswaded he is true Man without being divested of his Divinity, for he is true God and true Man, without confusion, without conversion, and without alteration, with two Natures in one sole Person; I confess also he suffered all things voluntarily, that he was crucified according to the Flesh, the Divinity remaining impassible, that he was buri∣ed, that he rose again the third day, that he ascended into Heaven, and that he will come in glory to Judge the quick and the dead; to conclude, I confess and believe that the holy Virgin is preperly and truly Mother, and the Mother of a God which made himself Man.
Those who desire to be more fully informed of what I have now discoursed, may Read the formulary of Nicetas whereof I have made mention on the 3 article of this chap∣ter, and in the place I marked.
After all, 'tis most certain the Catechumeny were instructed on all the articles of the Symbol, which com∣prehend the principal points of Christianity, and the es∣sential
and capital points of Religion; the Catechisms of St. Cyrill of Jerusalem shew so much, seeing he there Ex∣plains all those saving truths, which those ought to know which fitted themselves to receive holy Baptism: in effect, they often heard mention made of God the Father and the Work of Creation, with the Titles of Father, of Almighty, and of Creator, which are given to him; of Jesus Christ, and of the work of Redemption with his quality of only begotten Son of God; of the Holy Ghost, and the Work of Sanctification; they were taught there were three Persons in Unity of One and the same Essence; that the second Person of the Trinity took on him our Nature in the Womb of the Virgin Mary by the Ope∣ration of the Holy Ghost, to the end he might dye, and by his death make Expiation for our Sins, fully satisfie his Fathers Justice for us, appease his Wrath, and restore us into his Favour.
They often heard mention made of his Person, of his two Natures, Divine and Humane, of his Imployments and Offices, of the Misteries of his Incarnation, the Won∣ders of his Birth, the Holiness of his Life, the Glory of his Miracles, the meanness of his Cross, the shame of his Sufferings, the power of his Resurrection, and the Glory of his Ascension and of his Triumph; thence they pro∣ceeded to the Explication of the Article of the Holy Ghost whose Divinity and Operations were established; Jesus Christ having sent Him from Heaven on the Apo∣stles for the establishing his Kingdom, and for Illuminat∣ing and Sanctifying those which he was effectually to call to the Communion of his Gospel. To conclude, they were made understand the Nature of the Holy Church which was to beget them anew unto God, of the Graces he bestows on it in this Life, and of the Glory he pre∣pares for it in that which is to come. All these thing
are at large treated of in the Catechisms of S. Cyril which I have cited; and they are seen more succinctly in the 7 chapter of the little Treatise of Theodulphus of whom I have also spake, and in that of Amalarius Arch-Bishop of Treves, * 2.122 dedicated to Charlemain in the works of Alcuin.
Besides, it must not be thought that in the ancient Church they satisfied themselves with explaining to the Catechumenies the things which I but now touched, it was also necessary they should give an account in answer∣ing the questions put to them on each article; according to which Eusebius makes mention in his Ecclesiastical Histo∣ry of a man, * 2.123 which had assisted at the Baptism of those which had been newly Baptised, and he said, he heard their Questions and Answers: St. Cyprian in his 70 Epistle speaks also of this custom, when he saith, the Question it self made at Bap∣tism, is witness of the Truth. Firmillian Bishop of Cesa∣ria in Cappadocia teaches us the same thing, when speak∣ing of a woman which boasted to be a Prophetess, he saith that to give the more colour to her Delusions, * 2.124 She Baptis∣ed several persons using the usual words which were wont to be implyed in the Interrogations, to the end her Baptism should not seem to differ in any thing from the Ecclesiastical Rule, seeing that neither the Symbol of the Trinity, nor the usual and Ecclesiastical Interrogations was omitted by her.
It is to which doubtless the first Council of Arles had regard, * 2.125 when in the year 314 it appointed in the 8th. of it's Cannons, not to re-baptise Hereticks, if after Examin∣ing them on the Creed, one found that they had been Baptised in the Name of the Father, of the Son, and of the Holy Ghost; but only those amongst them who being interrogated, answered not this Trinity, that is to say, to the questions made them touching the Trini∣ty of Persons, and unity of their Essence.
St. * 2.126 Cyril of Jerusalem has not forgot this Circumstance in his two Mystagogical Catechisms, no more than Optatus of Mileua in his 5th. Book against Parmenian; nor St. Jerom in the 5th. Chapter of his Dialogue against the Luciferians, nor St. Austin in the 20th Chapter of the 5th. Book against the Donatists, and he even tells us in his 23th. Epist. to Bonifacius, that when Little Children were Baptised, those which presented them, answered for them to all the Interrogations which were made, and the Author of the Book of Ecclesiastical Dogma's in the Appendix of the 3d. Tome of his Works, establishes the same Custom in the 52 Chap. The Author of the Book of Sacraments in the 4th. Vol. of the Works of St. Ambrose, also observes this Custom in the 7th. Chap. of the 2d. Book. And a great while before, Tertullian in the 3d. Chap. of the Book of the Crown, had made mention of the Answers of those which were Baptised; therefore he could have wished they had deferr'd the Baptism of Children, until they were in a state of being able to give an account of their Faith; which opinion St. Gregory of Nazianzen seemed also to approve.
In the book of Sacraments of Gregory I. * 2.127 it is demanded of the Party to be baptised, Do you believe in God the Fa∣ther Almighty, maker of Heaven and Earth? He answers, I do believe. Do you believe in Jesus Christ his only Son our Lord, which was born, and suffered? I do believe. Do you also believe in the Holy Ghost? do you believe the holy Catholick Church, the Communion of Saints, the forgiveness of Sins, the Resurrection of the Body, and the Life Ever∣lasting? I do believe. Do you desire to be Baptised? I do. Somthing to this purpose is to be read in the book of Sa∣craments, whereof I made mention in the foregoing Secti∣on, and in the place I noted. Besides, there's great pro∣bability that St. Peter made Allusion to this practice
when he said in the 3d. Chap. of his first Epistle, that the Baptism whereby we are saved, is not that whereby the filthiness of the Flesh is washed, but the witness of a good Conscience in the sight of God the Resurrection of Jesus Christ. The Greek Word which we have translated Witness, sig∣nifies properly Interrogation. I add for a Conclusion of these matters, that those which were to be baptised were bound to recite the Symbol of their Faith, to renounce the Devil, to his Power, and his Angels; to acknow∣ledge that they were by Nature Children of Wrath, and to shew Repentance and Sorrow for their Sins committed during the time of their Ignorance, and if they were instructed in the knowledge of Heavenly things, they were also taught to live well, that is to say, holily, and in a way answerable to their Vocation. The Nature and Fruits of Baptism was explain'd to them. They had also some Light of the Eucharist shewed them, because they did communicate presently after being baptised, and all these things were accompanied with Ardent Prayers to God as well to render him thanks for calling them to his blessed Communion, as to implore his Grace and Bene∣diction on them at the very instant that he honour'd them with the seal of his Covenant, and Sacrament of our Sal∣vation. After all I have said, the perfect resemblance may easily be seen which is found in the Matter I Examin, betwixt our practice and that of the Ancient Church, if you except what regards Anabaptists, which appearing but in the last Century, could be neither the Subject nor Matter of any of the Decrees of the Cannon Law.
WHere there is not a settled Church, it is not permitted to celebrate the Lords Supper.
The reason of this First Article is, because the Lords Supper is so called by reason of the Communion of those which participate thereof, it is the Opinion of St. Chry∣sostom which he has thus Expressed, * 2.128 The Apostle calls it the Lords Supper, because all those which are invited, take it in common, with concord. The Author of the Commen∣taries on St. Pauls Epistles in St. Jerom's Works, saith, That the Lords Supper ought to be common to all: * 2.129 The Lords Supper, saith St. Isidore of Sevil, is so called, from the Communion of those which Eat of it, and the Com∣municants, from their assembling in Common; * 2.130 thence it is that Justin Martyr writes in his first Apology that they assembled on Sundays from the Cities, and from the Country round about, to hear the Word of God, * 2.131 and to partake of the Holy Sacrament, and he also observes they sent some to the absent, to shew doubtless the Com∣munion they had together, and I can't tell but 'twas with respect hereunto that the Council of Laodicea conceived in these Terms the 58th. Cannon; Bishops nor Priest must not make Oblations in private Houses: that is to say, that they should not there Celebrate the Eucharist, which was not begun to be celebrated without Communicants
till about the 12th. Century; * 2.132 as I have sufficiently prov∣ed in the History of the Sacrament.
Children under twelve years of Age shall not be admitted to the Lords Supper, but above this Age, it shall be at the discretion of the Ministers to Judge of those which shall be fit to be admitted or not.
It may seem to be collected from the place in St. Justin Martyr, which I cited on the other Article, that only persons of Age, and not little Children were admitted to the Holy Sacrament, and it is very probable that Tertul∣lian was of this Opinion, because he thought fit to defer the Baptising of Children for some years, as well as Gre∣gory Nazianzen, as I shewed on the foregoing Chapter; It's true that since the time of St. Cyprian until about the 12th. Century, Children were received to the Communi∣on; but this Custom is justly rejected by those also of the Church of Rome, as well as Protestants: In effect, young Children are incapable of the Examination St. Paul re∣quires of those which approach to the Holy Table.
Priests, Friers and other Ecclesiastical Persons of the Church of Rome, shall not be admitted to the Lords Supper, until they have first made confession in publick of their past life and profession.
This practice is wholly conformable to that of the first Christians, It is not permitted unto any one whatsoever, saith, St. Justin Martyr, to partake with us of the Sacrament, unless he be fully perswaded of the truth of our Doctrine, that he has been Baptized to obtain Remission of his Sins with a new Birth, * 2.133 and that he lives according to the Laws of Jesus Christ.
Dignitaries which bear the Name and Title of their bene∣fices, and those which therewith mingle Idolatry Directly or Indirectly, whether they enjoy their Benefices by their own hands, or by the hands of others, shall not be admitted to the Lords Supper.
Those here described not being in the State nor Dis∣position desired by Justin Martyr, they cannot be recei∣ved to the Holy Communion in a Christian Society, whose Doctrine they do not believe, or that don't gather themselves within the Laws, and under the Discipline observed in the midst of them.
Ministers shall be warned not to receive to the Lords Supper, Persons of other Churches, unless they have suffici∣ent testimony from its Minister, or in default thereof from an Elder, if it possible may be.
The Church has observed this Order from the First Ages; for the Council of Antioch in the Year 341 for∣bids in the Seventh Cannon, to admit of any Stranger without having Pacifick Letters. The Seventh Cannon of the First Council of Carthage Assembled under Gratus about the Year 348, speaks also more clearly, forbid∣ding plainly both Clergy and Layity to communicate in any other Church without their Bishops Letter; * 2.134 The Author of Apostolical Constitutions prescribes almost the same thing. * 2.135 In the Third Volumne of the French Councils, there is a Synod of Nants, the time it held is somewhat uncertain, the Two First Cannons where∣of are imployed to confirm this same practice.
A Man that's Deaf and Dumb, which by evident Signs, Tokens, and Gestures, shewing his Piety and Religion what he can, may be admitted to the Holy Sacrament, when by a long Experience of the Holiness of his Life, the Church shall perceive he has Faith, and shall be truly taught of God.
The Church never required of Communicants, more than a Holy Mind and Disposition; wherefore if it is found in a Deaf and Dumb Man, and that he gives signs of it, he ought to be admitted to the Sacrament, and when I speak of the Church, I mean that of the Primitive Christians; for in process of time, they impo∣sed on Communicants an Obligation of Auricular Con∣fession;
especially since the days of Innocent the Third, who made the first Decree for it in his Latteran Coun∣cil in the Year of Christ, 1215.
The Bread of the Sacrament ought to be administred to those which cannot drink Wine, in making protestation that 'tis not through contempt, and doing what they can possible towards it, by putting the Cup as near their Mouth as they possible can, to avoid giving any manner of Offence.
This is a wise and charitable condescendence towards an insurmountable weakness of Nature; it was by this Principle the Antient Church gave the Sacrament mixt and soaked, to those who lay at the point of Death, * 2.136 so it was practis'd in the Third Century towards a certain Old Man called Serapion, who was a dying Penitent, for a Priest of Alexandria, sent by a Young Man, a little, or a Portion of the Sacrament, commanding it should be steept, and put in the Old Mans mouth that he might swallow it down; but this was not done, but in case of great necessity; as Hugh Maynard a Learned Bene∣dict in observes in his Notes on the Book of Sacraments of Gregory the First. The same favour was used towards Young Infants in the times as they were admitted to the participation of the Sacraments; and not that only, but Pope Paschal who succeeded Ʋrban the Second, in the year 1099 commanded that the Two Symbols should be distributed apart, except 'twere to little Children, and to such as are extream sick, for to such he permits that they might be communicated with the Wine only,
because they cannot swallow Bread, The charitable Indulgence then allowed by our Discipline towards such as have an invincible aversion and antipathy against Wine, ought not to be blamed.
It remains in the Liberty of Ministers, in distributing the Bread and Wine, to use the accustomed words, the thing being indifferent, provided words are used that tend to Edi∣fication.
When Jesus Christ gave to his Apostles the Sacra∣ment of Bread, he said, this is my Body, and in giving them the Symbol of Wine, this is my Blood, or, this Cup is the New Testament in my Blood. As for the Apostles we do not find they said any thing. In the time of Justin Martyr, * 2.137 the Giver, nor the Communi∣cant said nothing, but the Deacons gave to the faithful Bread and Wine, which had been Consecrated; And 'tis gathered from Clements of Alexandria, * 2.138 that 'twas so practis'd at the end of the Second Century, sometime af∣ter, it was said to Communicants in giving them the Sacrament, The Body of Christ, The Blood of Christ. In the Sixth Century and after, it was said, particularly in the West, The Body of our Lord Jesus Christ preserve you to Everlasting Life; The Blood of our Lord Jesus Christ Redeem you to Eternal Life: * 2.139 The Greeks say at this time, You participate and communicate of the Holy Body and Pretious Blood of our Lord and Saviour, Jesus Christ, for the Remission of your sins, and to Life Everlasting; Amongst us is commonly said, This is the Body of Jesus
Christ, this is the Blood of Jesus Christ. The Church as any one may see, having at all times used a great freedom in this matter.
The Churches shall be advertis'd, that the Cup is to be ad∣ministred by the Minister.
As Jesus Christ Blessed and Consecrated his Eucha∣rist, so he also administer'd it, for there was none but him, that did the Office and Duty of a Minister. A little more than a Hundred years after, * 2.140 Christians re∣ceived the Communion from the hands of Deacons, as we find by Justin Martyr, a practice observ'd a long while, but with some difference; and 'tis probable those who did so, grounded themselves on what is said in the VI. chap. of the Acts, that Deacons should serve at Tables, as if by this Expression was to be understood the distributing the Sacrament at the Holy Table, whereas it means no more but the distributing of Alms and Charities, to Widows and Orphans, and in ge∣neral to the Poor of the Church. After all, * 2.141 Tertullian ob∣serves it was not received but of the hand of him which presided, that is to say, of Pastors, and probably 'twas in his time the use of the Churches of Africa, which doubtless were more conformable to the Example and Practice of Jesus Christ, to which we may add what is said by St. Chrysostome in his Forty Sixth Homily on St. Matthew; The Priest only is permitted to distribute the Cup of the Blood of Jesus Christ: The Greek word de∣signs also Bishops, as well as Sacerdos, which the Inter∣preter has used.
Inasmuch as distributing the Lords Supper, several sick Persons came to receive, which occasions that several make scruple of drinking the Wine after them, the Pastors and Elders shall be warn'd to take prudent care, and give good Order therein.
It is a prudent and cautious Establishment, to avoid greater inconvenience.
Those who have been a long time in the Church, and will not communicate of the Lords Supper if they do it through contempt, as for fear of being obliged to forsake all man∣ner of Idolatry, after several admonitions, they shall be cut off from the body of the Church; but if it be by infir∣mity, they shall be borne with for some time, until they can be Established.
There's nothing in this Article that differs from the practice of the Antient Church, which obliged all those which heard the Word of God to participate of the Lords Supper; 'tis what is intimated by the Second Cannon of the Council of Antioch, Those which enter into the Assem∣blies, and hear the Holy Scriptures, but by a certain looseness, do not communicate in Prayer with the People, and deprive themselves of the participation of the Lords
Supper, let such be cast out of the Church. The Ninth of those attributed to the Apostles, and which probably was borrowed of that of Antioch, is no less positive; All the Believers which enter into the Church, and that hear the Reading of the Scriptures, but which stay not for the Prayers, nor do receive the Holy Sacrament, let them be cut off, because they give offence to the Church. Thence it is that in the Eleventh chap. of the Eighth Book of Constitutions, called the Apostles, it is Ordained, That the Deacons should stand at the Doors where the Men sit, and the Ʋnder-Deacons of that of the Women, to hinder that no body go out during the time of the Oblation; that is to say, during the time of celebrating the Eucharist.
Those which frequent the Christian Congregations but on the Communion Day, shall be reprov'd, and warned to do their Duty, and even to this purpose, to joyn to one certain Church.
The Author of Constitutions which go in the Apo∣stles Names, prescribes to Believers, to frequent the Holy Assemblies not only when the Lords Supper is ce∣lebrated, but also on all other Dayes, * 2.142 there to attend on calling on the Name of God, in singing Psalms, and the hearing of his Word; The 80th Cannon of the Sixth Oecumenical Council does depose Church-men, * 2.143 and Excommunicate Lay Persons, who being in Town, pass Three Sundays without being present at the Holy Exercises made in the Assemblies of the Church.
Those which make it their practice to hear Sermons in one Church, and to receive the Holy Sacraments in another, shall be advertis'd and sensur'd, and shall associate themselves to the nearest and most convenient Congregation, as shall be advised by the Colloque.
In the time of St. Justin Martyr, * 2.144 the Christians met together in one place from City and Country, not only to hear the Word of God, but also to receive the Holy Sacrament. The Council of Agde in Languedock, which held in the Year 606, * 2.145 suffers those that are far from Parish Churches to have private Oratories for the ease of their Families, nevertheless enjoyns them to be present at their Parishes on the chief and solemn Feasts of the Year.
Charlemain in his Capitulary of the Year 789, * 2.146 requires it should be done on all Holy Dayes, and Sundays, and forbids private Persons to desire Priests to say Divine Service in their Houses on those Dayes. * 2.147 Theodulph Bi∣shop of Orleans prescribes the same thing in his, in the Year 797; to this same Discipline may also be referr'd the Second Cannon of the Council of Nants, whereof I spake on the Fifth Article.
Although in our Churches the Lords Supper is not wont to be celebrated above four times a year, yet it were to be desired it were celebrated oftner, the due Reverence thereunto be∣longing being observed, because it is very necessary that the
most upright may be Exercised, and Mercies in Faith by the frequent use of the Sacraments, as also the Example of the Primitive Church doth teach us: And therefore the Na∣tional Synod shall give Direction as the good of the Church shall require.
The lukewarmness of Christians in Piety has been the cause that Communions have been less frequent than they were in the Primitive times. Therefore our Discipline has setled them at four times a year, desiring neverthe∣less that People were in a state fit to Communicate oft∣ner. The Council of Agde which I cited on the fore∣going Article, reduces it to Three times in the 18th. Cannon. That of Autun, * 2.148 in the Supplement of French Councils, doth the same in the Year 630. Atto Bishop of Verceil in the Tenth Century renews that of Agde, in its Capitulary. * 2.149 Ratherius of Verona in the same Century, speaks of Four times a year in his Synodal Epistle to the Priests of his Diocess, which is inserted by Don Luke De Achery in his second Spicilegium. Peter de Celles in his Treatise of Monastical Discipline, which is in the Third Spicil. writes, * 2.150 That 'tis sufficient for a Lay Person to communicate once a year. The Council of Trent in the Thirteenth Session under Julius the Third, Anno 1551, the 11th of October, Anathematises in the Ninth Cannon, * 2.151 all those that shall deny that Believers of both Sexes are obliged to communicate at Easter, at least once a year, although in the 22th Session, which is the Sixth under Pius the Fourth in the Year 1562, and the 17th of September, * 2.152 touching the Doctrine of the Sacrifice of the Mass, chap. 6. The Synod desires that all the Be∣lievers which are present should communicate, not only
by a Spiritual affection and desire, but also by a Sacra∣mental participation, which Cardinal Borrome has not failed to observe, and confirm, in some of the Councils which he held at Millan. * 2.153 I almost forgot the Fiftieth Cannon of the Council of Tours, assembled Anno 813. That Lay Persons communicate at least thrice a year, if they cannot receive oftner, unless that they were hindred by some great Sin; which is repeated word for word in the 45th. chap. of the Second Book of the Capitularies of our Kings. Theodulphus Bishop of Orleans, contented himself at the end of the Eighth Century, to warn Believers that they should not abstain too long from re∣ceiving the Holy Sacrament, and to procure the qua∣lities fit and necessary when they intended to approach to so great a Sacrament. * 2.154 Honorius of Autun observes in the Tenth Volumne of the Library of the Holy Fathers, pag. 1198. that 'twas agreed on by reason of worldly Men, that one should communicate either every Lords Day, or every Third Sunday, or on great Holy Dayes, or three times a year.
THose which are under Age cannot Contract Marriage without consent of their Father and Mother, or others under whose care they are committed, nevertheless if their said Father and Mother be so unreasonable as to refuse to agree to a thing so Holy and Profitable, even doing it in
hatred to Religion, the Consistory shall advise the Parties to have their recourse to the Magistrate.
The Discipline of the Antient Church has provided for what ours doth here enjoyn, and hath taken care to keep Children in the respect and obedience which they owe to their Parents, forbidding them to marry with∣out their consent, and 'tis not only in regard of Chil∣dren it does so, but also in regard of all such as are under Tuition of others; It is the matter and subject of the 42 Cannon of St. Basils second Canonical Epistle. * 2.155 Marriages made without consent of those under the power of whom one is, are Fornications, those then who marry during the Life of Father, or Guardian, are not excusable till their consent be had, for then the Marriage becomes lawful, and receives the vertue which it ought to have: This Cannon is as 'twere an abridgement of Two preceeding ones, as is observ'd by Balzamon and Zonares, Greek Canno∣nists, who pretend that Marriage is void without the consent I but now speak of, and that it ought to be dissolv'd. The 23th Cannon of the same Epistle is also very full to this purpose, Maids which follow their Lovers without consent of Father, &c. live in Fornication, but if Father and Mother are reconcil'd to them, the thing seems to be setled in a good state by this remedy; nevertheless that they be not admitted to partake of the Lords Supper until af∣ter three years Pennance: Whereupon the same Greek Cannonists above-mentioned, observe, that the consent of Parents, that is to say of Father and Mother, doth change Fornication into lawful Marriage, without de∣parting at all from the sensure contain'd in the Cannon.
The 22th Cannon of the Fourth Council of Orleans, * 2.156 in the Year 541, prohibits the taking a Maid in Marriage without consent of Father and Mother, the Sixth of the Third Synod of Paris, Anno 557 forbids also the same thing. The Third Council of Toledo made a like Decree Thirty Two years after the Synod of Paris, and 'tis still to be seen in the Fourth Volumne of the Coun∣cils, and in the Tenth Cannon, it is to what amounts the 358 chap. of VII. Book of the Capitularies of Charlemain, and Lewis the Debonnaire. Photius Patri∣arch of Constantinople saies the same in the Fifth of his Letters taken out of an Ancient Eastern Manuscript; there is not so much as the very cheat that has forg'd Two Decrees in the Name of Pope Evaristas, * 2.157 but has in the first of them taught the same Doctrine, and word for word as it is expressed in the Capitulary, but now cited; so that of necessity one must have borrowed it of the other. It is easie to judge after all I have hi∣therto said, Whether the Council of Trent does march in the steps of the Antient Tradition, when in the 24th Session, which is the Eighth under Pius the Fourth, in the Year 1563, and in the First chap. of the Decree touching the Reformation of Marriage, * 2.158 It anathematises those which affirm Marriages contracted by Children with∣out consent of the Father and Mother are void, and that the Father and Mother may break or ratifie them: a Condem∣nation wherein Pope Celestin the First is concern'd if we believe what Gratian reports of him in the First Volume of the Councils, cap. 4. p. 910.
Whereas our Discipline adds, That if Fathers and Mothers should be so unreasonable as not to consent to so holy and profitable a thing, the Consistory may ad∣vise the I arties to have their recourse to the Magistrate; it says nothing therein but what is agreeable to the An∣tient
Practice, as we find by the Letter of Photius, * 2.159 which I mention'd; for he declares that then the Judge may take cognizance of the Marriage, and declare it lawful, in preferring the protection of the Children, and their lawful desire, before the perverseness of Father and Mother.
As for those which are of Age and in possession of their own Rights, they shall be warned by the Ministers and Pub∣lick Assemblies of the Church, not to make any promise of Marriage but in presence of their Parents, Relations, Neighbours, and good Friends; and those which do other∣wise shall be sensur'd of their lightness, and slight of the said warning; and 'twere to be wished the said promises of Mar∣riage were made with invocation on the Name of God.
This Establishment was made to prevent Clandestine Marriages; there are put into the First Volume of the Council, some Decrees attributed by Gratian to Pope Celestine the First, which in the 4th, ordains that Parents of both Sexes should be present to witness the Marriage. Paulinus Bishop of Aquilea, in the Council he caused to assemble in a part of his Diocess called forum-Julii, de∣sires the Neighbours and chief of the place, should be present at Contracts of Marriage, to prevent the mis∣chiefs may ensue by Clandestine Marriages. The Coun∣cil of Trent in the 24th Session which I mention'd on the other Article, and in the same Decree of Reforming Marriages, chap. 1. Will, That it be done in presence of the Curate, or some other Priest that supplies his
place, and of Two or Three Witnesses; Which thing is renewed by Cardinal Borrome, in the Fifth and Sixth Councils of Millan.
Believers which are of Age, although they have been marryed, yet shall so far honour their Father and Mother, as not to conclude upon Marriage without first communica∣ting it to them, and for not so doing, shall be sensur'd by the Consistory.
We have already seen on the First Article, That Children under Power of Father and Mother, cannot lawfully contract Marriage without their consent. In this there is mention of those which have already been marryed, and who being desirous to marry a second time, ought in civility to impart it to them. St. Ambrose in the Ninth chap. of the First Book, touching Abraham requires that the Widow Woman which intends to re∣marry, should refer to Father and Mother to make choice of the Person which she ought to marry. Balza∣mon and Zonaras explaining the 42 Cannon of St. Basils second Canonical Epistle, distinguishes Widows which are under the power of any Relation, from those which depend only of themselves; And for these last, they pretend they are at liberty to marry to whom they please, so it be in the Lord, and according to the Laws and Cannons; but as for the others, they think they ought to have the consent of those under whose Tuition they are, and who, without it, have right to dissolve the Marriage. There is in the Third Tome of the
Councils a Decree Attributed to some Council of Arles, * 2.160 where there's mention of the Marriage of Wi∣dows, and of the consent of Fathers and Mothers.
Fathers and Mothers making profession of the Reformed Religion, whose Idolatrous Children would contract Mar∣riage with Idolatrous Wifes, shall be warn'd as much as possible to divert their Children from such Marriages; and especially when they are not too hasty, the Fathers shall im∣ploy their Paternal Power to hinder them; if they cannot prevail with them, being present when contract marriage is passing, they shall declare to have abhorrence of the Idolatry wherein their Children do more and more plunge themselves; which being done, the said Fathers may consent to the pro∣mises and conditions concerning the Portion, and the like; and shall represent in Consistory the endeavours they have used to prevent such marriages.
We shall see on the Twentieth Article that it was prohibited to the Orthodox to marry with Persons of a contrary Religion, unless they promised to imbrace the Orthodox Religion, and that they should accomplish their promise before Marriage; therefore the Fathers and Mothers could not consent to such Marriages but under the Conditions enjoyned by the Cannons. It cannot then be said that our Discipline differs from that of the Antient Christians in the Matter which we Ex∣amin, and the which shall receive farther Explanation from what shall be said on the Twentieth Article.
Henceforward shall be used in promises and Contracts of Marriage, terms of the Future Tense; and the said words shall not be esteemed so binding as words of the Present, seeing words of the Present do not promise Marriage; but does it in effect; nevertheless these promises by words of the Future, shall not be dissolved without great and lawful causes.
Of all the Articles of our Discipline, there has scarce any one been so often touched by the National Synods as this, by reason of the difference which is found be∣twixt the Ancient and Modern way of Marrying; for formerly the promises of Marriage were made by words of the Present, and now they are made by words of the Future Tense, according to the Laws of the Kingdom, and the Establishment of this same Discipline. I find nothing in the first Ages of the Church that can in∣form me the manner that was used in contracts of Marriage, that is to say, whether promises of Marriage were conceived by words of the Present, or by words of the Future Tense: I only judge by things hapned in the latter Ages, that in some places these promises were made by words of the Present; which at last was forbidden.
In effect, * 2.161 in the year 262. Nicholas Gilant Bishop of Angers, made this Synodal Decree, We appoint our Priests that they do not consent, but to forbid publickly in their Churches, to contract Marriage by words of the Pre∣sent, until one be come to the Nuptial benediction. The Fifth Council of Millan under Cardinal Borrome ••••••∣scribes the same thing in the Year 1••79. * 2.162
As for Consanguinity and Affinity, Believers cannot con∣tract Marriage, any other way than is permitted by the Kings Edict.
When one lives in a Country, one must submit to the Laws Established for the quiet of the Subjects, as to what concerns the things of this Life; and 'tis by this maxim that we carefully observe the Edicts and Laws of our Kings touching the Degrees of Affinity and Consanguini∣ty in marriage.
It is by no means Lawful to go to the Pope to demand to be dispensed in the hindrances of Marriage, because in do∣ing hereof one owns his Tyranny, but one may in a Degree not forbidden of God, though prohibited by the Civil Power, Address one self to the King.
As we do not acknowledge the Popes Power, we do not vouchsafe to Address our selves to him to obtain any dispensings touching the hindrances of marriage: It is to the King we Address our selves to be dispensed of Degrees forbidden by the Civil Law of his Kingdom, and not by the Word of God.
The Cognations called Spiritual, are not so much as com∣priz'd
nor understood by the Words of Consanguinity or Affi∣nity in the Kings Edict, and cannot hinder the contract of Marriage.
The more I read our Discipline, the more I therein find a resemblance with that of the Ancient Christians, I speak of Christians of the first Centuries; for those which have apply'd themselves to the reading Ecclesiastical An∣tiquity, might perceive the changes that have succeeded in process of time in the Ancient Discipline, as well as in the Doctrine, the Establishment I am about to Examine is an Authentick proof; for until the 7th. Century or at least to the end of the 6th. it was never thought of to propose in the works of Ecclesiastical Writers, nor in Councils, Spiritual Cognations, as lawful hindrances of wedlock. If the Epistle attributed to Pope Deus-dedit were true, it would not be deny'd that since the 7th. Century, these pretended Spiritual Cognations were admitted in the Church, but 'tis most certain 'tis false and spurious, it needs only to Read it to find that 'tis false and forged, besides that a good while since, * 2.163 the late Mr. Blondell has shewed clearly in the Judgment he gave of it, that 'twas the work of a Cheat and Impostor.
I know there is in the 2d. Volumn of the works of Gregory the Great, certain Decrees in one of which one Anathematises him that shall have Marry'd his spiritual Gossip, so that if these Cannons are truly his, one must own that these spiritual Cognations has been used in the Latin Church since the latter end of the 6th Century; but what makes me doubt if these Constitutions were his, is, that Dom. Luke D' Achery who has caused them to be printed in the 2 Volumns of his Spicilegium, amongst an Ancient Collection of Cannons, which he thinks to have
been Antecedent to the 9th. Century does indeed repre∣sent them under the Name of Gregory, but somthing du∣biously, not saying of what Gregory, so that they may as well be of some other Gregory; for Example, to the se∣cond, or third, and so the one must come down to the 8th. Century in which the one and the other filled the Roman See.
In effect, in that Century, * 2.164 spiritual Affinity were fre∣quently in the West a hindrance of Marriage, as appears by the first Cannon of a Synod held at Metz under Pepin in the year 753 by the 5th. Chap. of the 5th. Book of Ca∣pitularys, * 2.165 and by the answer of Pope Stephen the 2d. to the 4th. Question was made him on this Matter, as also by the 12th. Cannon of the Council of Compeigne, Anno 757. * 2.166 Since that time the Latins has almost always prohibited marriages of persons betwixt whom there was any spiritual affinity, as for having presented a Child together to be Christened. I observe nevertheless in the 10 Century, that a certain Bishop called Azo, * 2.167 maintained by the holy scrip∣tures, against Atto Bishop of Verceil, that these spiritual affi∣nities were not sufficient to hinder Marriage, whereas Atto did not defend himself to any purpose, but by the Laws and Customs of Princes and Sovereigns, especially by that of Luitprandus who Reigned then in Italy. It is not therfore to be wondered if the Council of Trent Autho∣riz'd this sort of Affinities the 11th. of November Anno 1563 in the 24th. Session, * 2.168 under Pius the 9th. as is ex∣plained in the second Chap. of the Decree of Reforma∣tion of Marriage; although at the end of the 9th Century it was not exactly observed in all the West, as appears by the Cannons 47 and 48 of the Council of Tribur, of which I will speak of on the 13th. Article.
The Greek Church would in nothing come behind the Latin in this matter; for at the end of the 8th Century,
the 6th. Oecumenical Council assembled at Constantinople made a decree, when after having establish'd that the affinity of the Spirit is more considerable than that of the Body, the Fathers declare it is come to their knowledge, that in some places, those which have presented Children to be Baptised, do after marry the Mothers of those Chil∣dren, when they are become Widows, which the Council forbids to be done for the future, and do even make null Marriages of this kind, which shall be made after the Prohibition' and condemn those which contract them to the punishment of Fornicators. We learn by this Decree, that till then no difficulty was made in divers Places to make these kinds of marriages, and to pass by the consi∣deration of spiritual Cognations which might be betwixt those as made them.
Nevertheless since the 6th. Century, the Emperour Justinian had ordained that spiritual Cognation should be a lawful hinderance of Marriage, * 2.169 although the Greek Church made no Decree before that I but now cited and which is after that of Justiniam above a 100 years. Also the Greek Cannonists which have searched the Original of this custom, have gone no farther then the Cannon of Constantinople, and the law of this Emperour. But what surprises me is to see Pope Nicholas the first in his Answer to the Interrogatories of the Bulgarians, in not making these Impediments of Marriages proceed from the Decrees of his Predecessors, but from the laws of Princes and Sovereigns, as if what the Church has done in this occasion was only the Execution of the command of Kings and Emperours. I will say nothing of the Arabian Cannons, attributed to the first Council of Nice, the 21th. and 23th. of which treat of spiritual Cognations, because by confession of the Learned which have any candor and sincerity, these are forged Cannons,
and were forged several years after the Council of Nice. It is better I should finish the examining of this Article by this remark, that when our Discipline declared that these cognations, called spiritual, hindred not to contract Mar∣riage, it follow'd the steps of the Primitive Christians to whom this sort of Affinitys and Relations was unknown for the first 6 whole Centuries, or little less, for towards the end of the 6th. the Emperour Justinian made a Law, but 'twas not soon observed in the Church.
It is not lawful to Marry the Sister of the deceased Wife, such Marriages are forbidden not only by the Laws, but also by the Word of God. And altho' by the Law of Moses it was ordained that if the Brother died without Children the Bro∣ther should raise up seed to his Brother, nevertheless such a Law appointed for the People of Israel, was temporal, regard∣ing only the preserving a Lineage of the said People. There is another Reason in the Sister of the deceased Marry'd Person, in as much as the Alliance is not contracted by commixture of Blood, therefore such a Marriage ought to be receiv'd and approv'd. Nevertheless heed must be taken, the Magistrate and weak Brethren be not offended.
The 19th. of the Cannons that go in the Apostles Names, does not admit him into holy Orders that has married two Sisters, whereupon Balsamon observes, that such a marriage is Null. And the 2d. of the Synod of Neosesaria, assembled as is thought, in the year 314. Excomunicates for life, her that shall have Married two Brothers; that is to say, that shall have Marry'd them
one after another; but if in danger of Death, she promi∣ses to break the Marriage when she is recovered, the Si∣nod by movement of pity, shall admit her to do Penance, whereas it declares, that if she or the Husband dye in this Marriage, the Surviver shall scarce be admitted thereunto. St. Basil in the 2d. or 3d. of his Canonical Letters, also con∣demns Marriages made with two Sisters successively; he also explains himself more clearly in a Letter he writes to Diodorus of Tarsus, and which is in the 2d. Tome of the of the Greek Pandects printed at Oxford of late years; and 'tis the 197 amongst St. Basil's Letters; upon this Let∣ter Balsamon observes, that it has no great need of In∣terpretation, because in his time there was no Christian Man that would contract such Marriages; that it may be was true in regard of the Greek Church which suffered it not, but not in regard of the Latin, where the Bishops of Rome grant Dispensations for two Brothers and two Sisters to marry, and I admire Balsamon knew nothing of it, or if he did, that he said nothing of it; seeing that even in the Age he lived, that is in the 12th. Century, there is found amongst the Latins, these kind of marriages. The Frier Blastares in the same Tome of Pandects but now mention'd, * 2.170 follows the Authority of Ancient Can∣nons, which prohibit the Marriages we now Treat of. Avitus of Vienna doth not otherwise, in his 14.15. and 16. Letters. I may also alledge against these same Marri∣ages, a great number of other Cannons, as the 18th. of the first Council of Orleans of the year 511, the 65 of of that of Agde in the year 506, the 30 of that of Epaume in the year 517, the 21 of the 2d. of Tours, Anno 567, the 30 of Auxer in the year 578, and several others which are, as well as these, in the first Volumn of French Councils, by Sirmondus; but it sufficeth what I have hi∣therto said, I shall only add, that I find not in any of the
Cannons, nor in others made a long time after on the same subject, I say, I do not find, there has been reserved to Bishops, nor to Popes, the right of dispensing in these occasions, because such marriages are prohibited, not only by Humane, but by Divine Laws, as the Fathers of the 2d. Council of Tours do plainly acknowledge, in the Cannon I but now mention'd.
But if it be prohibited to marry the sister of the De∣ceased Wife, our Discipline does not condemn marrying the sister of one contracted, that is dead, because it sup∣poses that an Alliance is not consummated but by Com∣mixtion of Blood, or as St. Austin speaks in Gratian, * 2.171 by commixture of Sex, saying, without this Accouplement there's no Marriage; nevertheless this Discipline enjoyns to Act so as not to give distaste to the Civil Magistrate, nor weak Brethren scandaliz'd, there can nothing be more prudent, nor more Circumspect. Pope Alexander the 3d. in the Appendix of the Council of Latran, Anno 1180, reports this Decree from one Benedict his Prede∣cessor, of whom it had been demanded if one might marry the sister of one he had been contracted too, who died before accomplishment of the Marriage, * 2.172 We order and command by Apostolical censure, that it may be done without danger; for wherefore should I forbid what the Scrip∣ture never says was prohibited, and that the very Laws of the Land say nothing against, when they reckon up the persons betwixt whom it is not lawful to contract Marriage; and this shews by the way, * 2.173 that the Decrees which Gratian attri∣butes to Julius the I. and to Gregory the I. are but forged Decrees, or at least that they were of no use in the Roman Church.
The betrothed may not Marry the Mother of his betroth∣ed, deceased.
This Article having something in it of the Nature of the former, it is with great Justice the Rules of our Na∣tional Synods refer it to the Magistrate, without whose Authority they will not have us proceed in our Churches to the Celebration of such Marriages as are now treated of; see here how the National Synod of Charanton in the year 1644, cleared up the Article, The betrothed may not marry the Mother of the betrothed, defunct, unless it be so that the Magistrate has authoris'd it by his Order, which shall be known as well by the Pastor, as by the Parties con∣tracting, which is so much the more reasonable, as that the Laws of Emperors formerly prohibited such Marriages.
Neither shall it be lawful for any one to marry the Aunt of his Wife, such marriage shall be Incestuous, and though the Magistrate should suffer it, yet shall it not be celebrated in the Church; to which the Pastors shall take great heed: And by the same reason is prohibited to marry the Neece, of his de∣ceased Wife.
Our Discipline looking upon the marriage of a man with his Wifes Aunt to be Incestuous, it hath reason not to suffer it to be celebrated in the midst of us, whatever permission the Magistrate may give for the same, because the Authority of the Magistrate cannot render a marri∣age lawful which of it self is Incestuous. The Ancient Cannons have not fully explained themselves on this mat∣ter,
nevertheless they have so well understood the nature of Incestuous marriages, that I make no doubt but they would have included in the number that which we Ex∣amine; at least it appears to me it may be so gather'd from their conduct in such like Occasions. However it be, * 2.174 I can't tell, but Pope Zachary, who condemn'd the marriage with the Widow of his Uncle, would also have condem∣ned it with the Aunt of his Wife, deceased.
The Authors of our Discipline, treat after the same manner, Marriage with the Neece, and second Neece of ones Wife deceased; the reason is, because the Husband and Wife by Marriage become one Flesh, and as it may be said, one Person, and so by reason of this strait and intimate Union, the Aunts and Neeces of one, are the Aunts and Neeces of the other; now marrying with the Aunt, and Neece, or second Neece, is forbidden not only by the Word of God, but also by the Discipline of An∣cient Christians, as may easily be proved by a great num∣ber of Cannons, if it were necessary; but because the thing is without difficulty, * 2.175 I'le content my self to shew that St. Ambrose highly condemns marriage with the Neece, in his 48 Letter, Book 6. Gregory I. * 2.176 does Ana∣thematize it in a Roman Synod. The Popes, Eugenius XI. and Leo IV. in the 9th. Century, does the same as Gre∣gory I. did in the 6th. having each of them held a Synod at Rome, where Anathema is pronounced in the 38th. Cannon, against those that marry with their Neeces. Nevertheless Popes at this time are not so scrupulous, nor so observant of the Decrees of their Predecessors, but that they have sometimes dispensed an Uncle to marry his own Neece, we have seen examples of it in our Days, altho' the Holy Scriptures expresly forbid it; and as for mar∣rying with an Aunt, * 2.177 it is also reckoned amongst Incestu∣ous Marriages, by the first Cannon of the Synod of Mètz in the Year 753.
As for Marrying ones Wifes Brothers Widow, Civility nor Decency will not permit it.
All the Cannons of the Councils of France, which I cited on the 9th. Article, and many others which I have not alledged, do absolutely forbid marrying ones Bro∣thers Widow; but I have not met with one that has spoke of marrying ones Wifes Brothers Widow; Our Discipline also says no more of such a Conjunction, but only that it is contrary to the Laws of Decency, and Gentility; ne∣vertheless because the Magistrate in these occasions, has power to overpass these Considerations, of Civility, and Decency; the National Synod, whereof I spake but now and whose direction I cited on the 10th. Article, does absolutely refer the decision of the Case to the Civil Ma∣gistrate, in these terms: The Churches shall make no diffi∣culty to confirm such Marriages, if it appears that the con∣tracts has been before duely authorised by the Magistrate.
No man may after the death of his Wife, marry her with whom he committed Adultery in his Wifes life time, unless such marriage was authoriz'd by the Magistrate.
St. Basil in his 2d. Cannonical Epistle to Amphilochius teaches the same thing, * 2.178 according to Balsamon's Explica∣tion.
The Frier Blastares in his Alphabetical Collection of Cannons, is of the same mind, * 2.179 as he explains himself in the 8th. Chap. of the Letter B. However our Disci∣pline that condemns such a marriage, nevertheless suffers it to be celebrated if the Magistrate appoints it.
The Council of Tribur, * 2.180 which was formerly one of the Kings Houses, not far off of Mayance, this Council assembled Anno Dom. 895, under the Emperor Arnulphus, made this Decree, which agrees very well with that I now Examin; We appoint and publish by one consent, ac∣cording to the difinitions of Cannons, that if any one has committed Adultery with another Woman during her Hus∣bands Life, and that this Husband comes to die, this un∣lawful access shall be forbidden him by Judgment of the Synod▪ to the end he should not marry her with whom he had before committed Adultery; for we will not, and 'tis not sutable to the Christian Religion, that any one should take to wife her whom he had before defiled with Adultery: and as for the Cau∣tion given by our Discipline in regard of the Magistrate, the Fathers of Tribur have not passed it in silence; for in the manner they speak to King Arnulphus in the preface, they give plainly to understand, that they were perswad∣ed that it was a civil case, wherein the Prince might Ex∣ercise his Power.
It being so, that the principal occasion of Marriage is to have Issue, and propagate, and to avoid Fornication, and Adultery, the Marriage of a Man known to be an Eunuch, cannot be allow'd of nor solemnized in the Reformed Church.
The Council of Verbery in Vallois, requires Marriage
should be Dissolved for insufficiency of the Husband, * 2.181 being complained of by the Wife and duely proved, to whom the Synod permitts to do what she will, that is to say, * 2.182 to re-marry: Pope Stephen the second however two years after, prohibits separation for cause of insuffici∣ency, nevertheless he orders dissolution if one of the par∣ties be tormented with the Devil, or infected with Le∣prosie, wherein he followed not the sentiment of Gregory the second his Predecessor, * 2.183 who about 30 years before suffered a man to separate from a woman who was insuffi∣cient, and to re-marry with another. The 55th. chap. of the 6th. Book of Capitularies of Charlemain, gives the same liberty to the woman, if the man be insufficient, which Isaac Bishop of Langres repeats in the 13th. chap. of the second Treatise of his Cannons. * 2.184 Photius a Writer of the 9th. Cenury and Patriarch of Constantinople, speakes no otherwse in the 13th. Title, chap. 4th. of his Nomo∣canon; Its true he requires this separation be made after having suffer'd three years her Husbands insufficiency, and in the first of his Letters taken out of an Ancient Eastern Manuscript, he sets down insufficiency as a lawful cause of separation, with free liberty to the other party, whither the Man, or Woman, to re-marry.
Marriages shall be proposed in the Consistory, with suffici∣ent attestations of promises.
This Establishment is to prevent Clandestin Marriages. I will shew on the 19th. Article, that it is conformable to the Ancient Discipline.
Baines shall be asked in places where the Parties do reside and are known, and if they will be Married in some other place than where their Banes have been called, they shall take sufficient attestation that they have been published three several times.
Pope Innocent the third making Answer to the Bishop of Beavais, in the 4th. Book of Decretals, * 2.185 makes men∣tion of a publication of Banes, and in the Council of Latran which he assembled in the year 1215, he appoint∣ed that the Custom of publishing Banes of Marriage in Churches, observed in some places should be gene∣rally observed in all places: * 2.186 accordingly we Read in the second volume of Dom. Luke D' Achery a Benedictine Fri∣ers Spirilegium, that Nicholas Bishop of Angers, prohi∣bited in the year 1270, * 2.187 to confirm or celebrate any mar∣riage whatsoever, until publication was first made of it in the Church, he also mentions the same practise in another Synod in the year 1274, * 2.188 which William his suc∣cessor also renewed in the year 1304. The Council of Trent in the 24th. Session the 11th. of November, 1563. the 8th. under Pius the IV, prescribes also the same thing.
Cardinal Borrome failed not to confirm this custom, and to recomend the observing of it in his Councils at Millan, and 'tis to be observed the testimonies I have alledged, require that publication shall be made in the Churches of the parties contracting.
Banes shall be published three several Sundays in places
when there is Sermons, and in other places when publick prayers may be said. However, the Publication ought to continue the space of 15 dayes, after which time the Marri∣age may be Solemniz'd in the Assembly, and even on the third Sunday.
The same Testimonies I alledged on the foregoing Article, do prescribe in substance, the same thing as our Discipline doth; for some will have it, that the publica∣tion now spoke of, should be made in a certain time, which should give leisure to those who would oppose a Marriage, to prepare their Reasons; others that Banes should be asked several times on Holy-daies, others to the Number of three several times.
Those which live in places where the usual Exercise of Reli∣gion is not Established, may cause their Banes to be published in Romish Churches, inasmuch as 'tis a matter partly politi∣cal.
The publishing of Banes being a thing meerly politi∣cal, our Discipline had reason, when it suffer'd those of our Religion, in the case hinted at, to have them done in Temples of the Romish perswasion.
The Churches shall not Marry any body without having ful knowledge and approbation.
Besides what I have said on the second Article, it ap∣pears by the first Cannon of the Council of Laodicea, that Clandestin Marriages were condemned even in that time. There is in the third Volume of Councils, a De∣cree of Pope Hormisdas taken out of Gratian, and is con∣ceived in these Terms; * 2.189 That no Believer of what quality soever, do not Marry clandestinely and in secret, but let him Marry publickly in our Lord, * 2.190 in receiving the Priests Benediction. This Hormisdas was Pope in the beginning of the 6th. Century. Herrald Bishop of Tours makes the same prohibition in the 130 chap. of his Capitulary Anno Dom. 858. and the 15th. Can. of those which Pope Innocent the third proposed and caused to pass at the Council of Latteran in the year 1215, contain the very like constitu∣tion. It is therefore that in our Churches, no Stranger is Married without having a good attestation from the Church whereof he is member, to know if the Banes have there been published three several Lords dayes without any opposition. Cardinal Borrome in his second Council of Millan, Anno Dom. 1569, Decree 26, will have it so practis'd, * 2.191 according to the Ordinance of the Council of Trent.
When one of the parties is of a contrary Religion, the pro∣mises of Marriage shall not be received nor published in the Church, until the party of contrary Religion be sufficiently instructed, doth protest publickly in the Church of the place where the said party is known, that with full resolution he renounces all Idolatry, and Superstition, particularly the Mass, and will by Gods assistance persevere therest of his life, in his
true worship and service, of which instruction the Consistory shall take account. And it shall not be lawful for any Pastor or Consistory to do otherwise, under pain of being suspended, and even of being turn'd out of their office.
Even from the first Ages of Christianity, the Orthodox were forbidden to Marry with Persons which were not of their Communion, but of some other Sect which was looked on as Heretical and contrary. * 2.192 The Coun∣cil of Elebori, or Eluira in Spain, in the year 305, imploys to this purpose the 6th. of its Cannons. The 10th. and 31st. of Laodicea about the year 360, treat of the same thing; But the 14th. of Calcedon is more full; for it pro∣hibits those kind of Marriages, unless him that intends to Marry an Orthodox Maid, * 2.193 doth promise to be converted to the true Faith: The Frier Blastares in his Pandects print∣ed at Oxford, of whom I have spoke already, explaining this Cannon of Chalcedon, makes two considerable re∣marks; first, that the Consummation of Marriage now spoke of ought to be deferr'd until the Heterodox party has accomplish'd his promise; the second, that the same thing is to be required of Latins (that is, to say of those of the Church of Rome) when they desire to marry Women that are Orthodox; an evident proof that the Latin Church was esteemed a Hetorodox Church by the Greeks, in Blastares's time, which was in the XIV. Century.
I may alledge several other Cannons against the Mar∣riages now spoke of, * 2.194 as the 72 of the 6th. Oecumenical Council at the end of the 7th. Century. The 19th. of the 2d. Council of Orleans in the year 533. the 6th. of that of Auvergne, assembled 2 years after, and the 25, and 26 Decrees of the 1 Title of the 2d. Council of Millan, which I cited on the foregoing Article.
If from Councils we pass to Ecclesiastical Writers, * 2.195 we shall find several which have explained themselves after the same manner. St. Ambrose in the 9th chapter of his first Book touching Abraham speaks so clearly, * 2.196 and alleages such strong Reasons that 'tis not to be doubted but he condemned Marriages, con∣tracted betwixt Persons of different Religions; it is what he teaches also on the 118th Psalm, and according to the Hebrews the 119th. * 2.197 And in the 24th Epistle of the Third Book in the 5th Volume of his Works, he is not far from this Opinion. The Deacon Hillary in the Third Volume of the Writings of the same St. Ambrose, explains the words of the 39th verse of the 7th chap. of the 1st Epistle to the Cor. Let her marry in the Lord, by these, to a man of her own Religion; and Balsamon, to an Orthodox, * 2.198 in interpreting the 41 Cannon of the Second Canonical Epistle of St. Basil; Blastares on this same Cannon, to a believing man.
If one of the Parties that desire to be Marryed is Excom∣municated, the Marriage shall not be admitted in the Church unless the Excommunicate Person makes confession of his faults. As for those which are suspended from the Lords Supper, the Consistory may permit them to marry notwith∣standing the suspension, however having good reason for it.
Excommunicate Persons not being looked upon as Members of the Church during the time of Excommu∣nication, it is absolutely necessary they should make publick acknowledgement of their faults, to repair the Scandal they have committed, before one can proceed to Celebrate their Marriage; And I have shewn on the 11th Article of the 11th Chapter, that they were not so much as suffer'd to present a Child to Baptisme.
The Panes of Widows which re-marry shall not be pub∣lished in the Church till Seven Months and half at least after the Decease of their Husband, to avoid the Scandals and inconveniencies may happen by it; unless it so happen that the Magistrates Order may interpose to the contrary.
Herraid Bishop of Touers in his Capitulary of the Year 858, * 2.199 assigns but 30 Dayes, but Photius in the 2. chap. of the 13. Title of his Nomocanon, requires there should be a years mourning before a Woman should marry again, unless the Prince suffer her to marry in the first year of her Widowhood, or that she had not layn In till the end of the year. The Frier Blastares of whom I have so often spoke, proves this same practice by the Laws of Emperours, and also doth Photius, to which our Discipline well agrees.
Marriage shall be celebrated publickly in the Company of Believers; and that by the Ministry of the Pastors, and none else.
It is a very long time since Christians have been wont publickly in the Church to cellebrate Marriage, seeing Tertullian in the Fourth chap. of his Book of Pudicity, causes those which have not done so, to pass for Adulterers and Fornicators, and in the Eighth chap. of the Second Book he writes to his Wife, he publishes the happyness of those which the Church has bless'd, this benediction preventing the course of private Mee∣tings, * 2.200 and of Clandestine Marriages. Thence it is the Fourth Council of Carthage orders Fathers and Mothers or the Bridegrooms, to present the Bride and Bride∣groom whose Marriage is to be Celebrated. Pope
Hormisdas in the beginning of the Sixth Century ap∣points also it should be done publickly in the Church. There is in the Book of Sacraments of Gregory the First, which Maynard a Benedictine Frier has Printed, * 2.201 a whole Liturgy about Cellebrating Marriage, which was taken out of a Manuscript of the Church of Rheims. The Deacon Hillary in the Third Volume of the Works of St. Ambrose, speaks of this benediction on the 12th verse of the 3. chap. of St. Paul Ep. to Timothy, and on the 3. of the 5. chap. it is likely St. * 2.202 Chrysostom had it in his thoughts when in his 48th Homily on Genesis he ex∣horts to send for the Priests to knit by Prayers and Blessings, the Union and Concord of Marriage. St. Isidore of Sivill in the 19th chap of the 2. Book of Di∣vine Offices, saith, That when the Priest blesses Mar∣riages, he does it in imitation of God, who blessed the Marriage of the first Man. The Kings Charlemain, and Lewis the De bonnaire, in the Seventh Book of the Capitularies chap. 358, amongst several Conditions they prescribe necessary to a lawful Marriage, they have not forgot the Blessing we treat of; And in the Capi∣tularies of Charles the bald, is to be seen the Nuptial Blessings of his Daughter Judith with Edelwolf King of England, and of Hormintrude with himself. I would alleage other proofs of this Ancient Practice, but not to tire the Reader, I will conclude with the Testimony of Photius, who in two of his last five Letters by way of Augmentation at the foot of the rest, that is in the First and Fifth, he several times makes mention of the publick benediction of Marriages by the Pastors.
It is convenient for the Order of the Church not to Ce∣lebrate Marriage on Sacrament Dayes; and this Order shall not be broken but on weighty reasons, which the Consistory
shall advise upon. Neither shall Marriages be solemniz'd on Days of Publick Fasting.
The Cellebration of the Lords Supper which invites us to meditate of the Death of our Saviour, and which requires of us Holy Dispositions to partake worthily of it: the Cellebration I say of this Holy Sacrament, not agreeing very well with what usually passes at Christian Weddings, it is with great Reason the Authors of our Discipline has forbidden to solemnize any Marriage on the Days appointed for the Communion; no more than on Days appointed for Cellebration of a Publick Fast; because Fasting is an occasion of Affliction and Tears, and Marriage on the contrary, after the manner most People use it at this time, is of prophane Rejoycing, and very often of Debauchery and Excess. The Antient Church prohibited, although after several ways, to Cel∣lebrate Marriages in certain times, as appears by the 52 Cannon of Laodicea, and by a fragment of a Coun∣cil of Lerrida in the Year 524. Tom. 3. Concil. and the Second Council of Aix la Chapella, * 2.203 in the year 836 de∣fends in the 18th Cannon of the Third chap. to solem∣nize Marriages on Sundays, for the Reverence of the Day. Tom. 2. Conc. Gall. p. 394.
Those who have been contracted; and that have cohabit∣ted together before being lawfully Marryed, whether their fault came to be known before or after Marriage is solem∣nized, they shall make publick confession of their fault, or before the Consistory, according as it shall think convenient. And it hapning before Marriage, such Solemnities shall be observed at the said Marriage as the Consistory shall think fit. Except those who shall have lived together during the time of their ignorance without contempt and slighting of
the Ecclesiastical Order; also those which shall have coha∣bited together when there was no Church setled at the place of their Habitations, or in the Province. All which shall only be cited to the Consistory, to the end the Marriage may be Ratified and Blessed in the Church, if the Consistory shall see it Expedient.
St. Basil in his Third Canonical Epistle, Can. 69. * 2.204 had appointed something of this kind in these terms, If a Reader has known his Sweetheart before Marriage, he shall be suspended from his Office for a year, at the Expiration whereof he shall do his Duty, without being capable of ad∣vancement. By this may be seen, he would have de∣creed against Lay People which should have commit∣ted the like Offence, the pains expressed in our Dis∣cipline. The Frier Blastares which I have often cited, especially on the XX. Article of this Chapter, will, * 2.205 that the Punishment of Fornicators be given to those that have known each other before they have been lawfully Marryed.
Cardinal Borrome in the Second Council he caused to be held at Millan in the year 1569, * 2.206 remits the Abso∣lution of the Sin now treated of to the Bishop, because 'tis frequently committed, and prescribes severe Pen∣nance for those that are guilty of it; which he repeats again in the Sixth Council Assembled at the same place Thirteen Years after the Second.
To prevent Inconveniences which arise by too long defer∣ring Cellebration of Marriages, the Parties, and those in whose care they be, shall be advertis'd not to delay the Celle∣bration of Maraiage above six Weeks if possible.
It is an Establishment of Pollicie, to prevent the in∣conveniencies
conveniencies and ill consequencies as may happen in too long deferring the Solemnizing of Marriage; And 'tis with regard hereto, that Cardinal Borrome, prohibits in the place I but now cited, I say, he prohibits all man∣ner of Familiarity and Commerce to contracted Per∣sons.
Marriages shall be Register'd, and carefully kept in the Church.
This Rnle regards the Publick good, therefore often∣times recourse is had to Registers of Marriages which are kept in both Communions, and the Copies taken many times serve to terminate great Law Suits. The Council of Trent appointed in the year 1563, Session 24. chap. 1. of the Decree touching the Reformation of Marriage, * 2.207 it ordains Each Curate should have a Book, wherein he should write the Names of the Marryed Folks, and of the Witnesses, with the Day, and Place where the Marriage was contracted: * 2.208 Cardinal Borrome renews this injunction in the First and Third of the Councils he held at Millan.
Believers whose Wives and Husbands shall be convicted of Adultery, shall be admonished to be reconciled to each other, but if they will not, the Liberty they have by the Word of God shall be declar'd to them; Nevertheless should this happen to one that is imployed in the Church, he may not reassume his Wife, and exercise his Office.
St. * 2.209 Austin has made Two Books on Adulterous Mar∣riages, that is of Marriages wherein Adultery does in∣tervene, and in the Second of these Books, chap. 6, 8, 9. he requires the same Conduct should be held towards
the Party convicted of Adultery as is Established by our Discipline, that is to say, that the Innocent Party should continue with him that violated their Marriage Vow, and he alleages for a Reason, That being a Be∣liever we ought to believe, that she has been washed from her Sin, by Baptisme, or by Repentance; Never∣theless this is but an Advice or Council, which he gives, without imposing any necessity to do so, on the Party unconcern'd, which is just the Rule prescribed by the Article we examin, unless it be that it declares, that if such a thing should happen to any one that had an Of∣fice in the Church, he could not take his Wife again, and execute his Office, because doubtless he would not be so much to Edification, and the remembrance of his Wifes Adultery, would be at least to the weak, a Sub∣ject of Offence, and Scandal. So 'twas the Council of Neosesaria order'd it in the Year 314, Can. 8. which enjoyns those that are Established in the Ministry of the Church, whose Wifes have committed Adultery, it enjoyns them to forsake them, or if they will live with them, it declares they can no longer Execute their Of∣fices. See Gratians Decree, Caus. 32. q. 1. can. De Be∣nedicto where the same Practice is Authorized, although some of the Fathers, forbid cohabiting with the Adul∣terous Party.
To regulate the Extravagance of Marriages by reason of Adultery, the Party grieved may prosecuee at Law the Party that has offended, before the Magistrate, until that by definitive Sentonce and Judgment they be justly con∣victed, the which Sentence the Party grieved shall produce in Consistory, who shall let him understand the Liberty the Word of God allows in such cases: But by reason of the difficulty of the times the Ministers of this Kingdom are
advised not to re-marry the Parties who are at liberty to provide themselves elsewhere; and as for the Party that has transgressed, great deliberation and care shall be used before he be restor'd to Liberty.
Those which accommodate the Cannons, to the times, and which judge of the Discipline of the Antient Christians by that which they follow at present, do think that 'twas never permitted in the Church that those should marry any other Person who were sepa∣rated for Adultery; Nevertheless with the least heed that is taken in reading what remains to us of the Writings of Ecclesiastical Antiquity, it may therein be observ'd, that for several Ages the Liberty of re-mar∣rying was granted to those whose Marriage had been dissolved for Adultery. I should be over-tedious to re∣late all I could alleage for Establishing this Truth; I shall therefore content my self to prove it by some for∣mal and positive Testimonies which shall be above the reach of any contentious Spirits to controul.
To do it with the better method, First of all, 'twill be necessary to transcribe two passages of the Gospel, where our Saviour Jesus Christ has fully explain'd him∣self on this matter, The First is in the Fifth chap. of St. Matth, ver. 31, 32. It hath been also said, Whosoever shall put away his Wife let him give her a Writing of Divorcement: But I say unto you, That whosoever shall put away his Wife saving for the cause of Fornication, causeth her to commit Adultery, and whosoever shall marry her that is divorced committeth Adultery. These words as every one sees, teach us two things, one, that there's nothing but Adultery which is a lawful cause of brea∣king of Marriage; and the other, that here is to be an intire Separation, both from Bed, and as to Obli∣gation.
The Second is in the 19th chap. of the same Gospel, verse 3, &c. The Pharisees also came unto him, temp∣ting him, and saying unto him, Is it lawful for a man to put away his Wife for every cause, and he answered and said unto them, Have you not read that he which made them, made them at the beginning Male and Female, and said, For this cause shall a man leave father and mo∣ther and shall cleave to his Wife, and they twain shall be one flesh, wherefore they are no more twain but one flesh; What therefore God has joyned together, let no man put asunder. They say unto him, Why did Moses then com∣mand to give a writing of divorcement, and to put her away: He saith unto them, Moses because of the hardness of your hearts suffer'd you to put away your Wifes, but from the beginning it was not so. And I say unto you, whosoever shall put away his wife except it be for fornication, and shall marry another, committeth Adultery: And who∣soever marryeth her which is put away, doth commit Adul∣tery. As the Pharisees in their demand understood a total Separation, it must not also be doubted but Jesus Christ meant it so also in the Answer he made them; In effect, amongst the Jews the term to repudiate compre∣hends an intire rupture, with power to re-marry again; Therefore in the Antient formulary of Divorces amongst the Jews, the Husband spake thus to the Wife which he put away, I send thee going, and repudiate thee, to the end thou mayest be at liberty to marry whom thou wilt.
Let us now see what the Witnesses do depose which I have ingaged to produce for establishing the matter in dispute. I'le begin by Chromatius Bishop of Aquilea, one of the Holiest and most Learned Prelates of his time, that is to say of the Fourth Century, and the be∣ginning of the Fifth. This Learned Writer Interpre∣ting the two verses of the Fifth chap. of St. Matthew
above transcrib'd, speaks in this manner; Let them know how great the crime of condemnation is which those do incur in the sight of God, * 2.210 who being overcome with the unbridled pleasure of Lust, and without cause of Adultery, cast off their Wifes to pass on to another Marriage. It appears by the reasoning of Chromatius, that if they cast them off for Adultery, they were permitted to re-marry, and ha∣ving shewn that though the Laws of Men suffer'd to repudiate ones Wife for other cause than Adultery, those which did it were nevertheless inexcusable, but their sins was so much the greater, that they preferred the Laws of Men before the Law of God; After this I say, he adds, As it is not permitted to cast off a woman that lives chastly and honestly; so also 'tis permitted to re∣pudiate an Adulteress, because such a one renders her self un∣worthy of her Husbands Company, which in sinning against her own Body, had the boldness to defile the Temple of God.
The Deacon Hillary, a Writer of the Fourth Centu∣ry, in his Commentaries on St. Pauls Epistles, in the Third Volume of St. Ambrose his Works. Hillary Ex∣pounding these words of the 11th verse of the 7th chap. of the ••. Ep. to the Cor. * 2.211 Neither let the Woman forsake her Husband, he thus explains himself, it must be under∣stood, except it be for the cause of Adultery, because it is permitted for the Husband to marry, after having repudia∣ted his Wife for cause of Adultery.
St. Epiphanius is full in the case, seeing he expresses himself in this manner; Him who could not be con∣tent with one Wife, whether she dyed, or that he put her away for Adultery, Fornication, or some other Crime, if he joyn himself to another Wife, or if a Wo∣man for the same cause takes a second Husband, the Word of God condemns them not, neither deprives them
of the Communion of the Church nor of Eternal Life; but it bears with them for infirmity sake, not that he should have two Wifes at once, the one being yet alive, and in being, but to the end that after having left one, he may, if he will, take another lawfully. The Jesuit Petau in his Notes on the words of St. * 2.212 Epiphanius does acknowledge this was the Opinion of this Antient Do∣ctor, but he adds, That if at that time it was suffer'd to have it, because the Church had not yet determin'd any thing in this matter, it is not permitted at this time, after the decision of the Council of Trent, * 2.213 never∣theless he owns this Decree of Trent is not agreeable to some of those cited by Gratian, causa 32. quaest. 7. and also that Cardinal Cajetan, and some other Doctors of his Communion have followed an Opinion contrary to the definition of the Fathers of Trent; that is to say, That they believed that 'tis permitted to a Christian to put away his Wife for Adultery, and to marry another; in effect, not only Cajetan on the 19th chap. of St. Matth. but also Ambrose Catharine in the Fifth Book of his An∣notations, and Erasmus on the 7th chap. of the 1 Ep. to the Corinth. have been of this Judgment.
Auitus Bishop of Vienna at the end of the Fifth Cen∣tury, and beginning of the Sixth, sufficiently manifests that in his time, Divorcement was made for Adultery, with liberty to re-marry, * 2.214 observing in one of his Let∣ters, That 'tis for that cause alone God permits a man to separate from his wife: Upon which Father Sirmond who has Published the Works of Auilus, makes this ob∣servation; It from hence appears, that in that time it was believed in France, that the Husband might by the per∣mission of Jesus Christ, leave his Wife in case of Adultery, and marry another, Which he confirms by a Cannon of a Synod of Vannes, which I will cite anon.
Loup Abbot of Ferriers in Gattinois was in the Ninth Century of the same Opinion with Auitus, * 2.215 for he says as well as him, that 'tis only Fornication can dis∣solve Marriage, to which Monsieur Baluze, who com∣pleated the last Edition with Learned Notes, applyes also the Jesuit Sirmond's Observation which I but now mention'd.
Isaac Bishop of Langres, in the Third Title of his Cannons which treat of Adulterys, saith plainly, chap. 1. That the Husband whose Wife is an Adulteress, has power to take another if he please: This Prelate wrote and liv'd in the Ninth Century.
I now come to the Councils whose Authority may contribute to the Establishment of the matter I examin, and I begin with the First Council of Arles, which the Emperour Constantine assembled in the Year 314, a Council famous for the Decrees there made, and for the number of Bishops which were there present, for there was 600, if several Writers may be credited. In effect, there is in the Collection of Letters of Ireland by Bishop Ʋsher, a Letter of Cummin a Priest, to the Abbot Seguinus touching the keeping Easter, * 2.216 wherein he wrote to him above a 1000 years ago. That the Coun∣cil of Arles composed of 600 Bishops, confirm'd in the First Cannon what had been concluded upon for the observing of Easter, that is to say, that it should be Celebrated all over the World at one time, and one day: Ado Bishop of Vienna, in the Ninth Century, writes in the Sixth Age of his Chronicle, That in the time that Marin was Bi∣shop of Arles, there met a Council of 600 Bishops In the 10th Spicilegium of Dom Luke D' Achery, and in the Additions, there is to be seen an observation touching Synods, which was taken from an Antient Collection writ above 800 years ago, wherein mention is made
of the Council we speak of, * 2.217 and of the number of 600 Bishops there present; and apparently it was in refe∣rence to this great number of Prelates, * 2.218 that the Fa∣thers of the Second Council assembled in the same City in the year 542, said in the Eighteenth Cannon, That the first was assembled from all parts of the World.
However it be, the Tenth Cannon of the First Coun∣cil which concerns the business we treat of, is expressed in these terms: As to young Men that are Believers, which surprize their Wifes in Adultery, and who are forbidden to marry others, It has seem'd good to us that they should be advis'd as much as may be; not to marry again during their Wifes life time although Adulteresses. I gather two things from this Cannon, First, Before the holding this Council, there were those which prohibited them which left their Wifes for Adultery to marry again. Secondly, That the Fathers of the Council to the num∣ber of 600, amongst which there are Two Priests and Two Deacons of the Church of Rome, which held the place of Silvester its Bishop; these Prelates having ma∣turely examined the business, changed the Prohibition into an Advice which they desired might be followed, but no farther than Mans weakness could bear, which shews that they did not believe as now a days in the Romish Communion, That the Band of Marriage is in∣dissolvable, though Adultery should intervene.
In the year of our Lord 465 there was held a Coun∣cil at Vannes in Brittany, see here its Second Cannon. As for those who forsake their Wifes, * 2.219 unless it be in case of Adultery, as is expressed in the Gospel, and do Marry others without having proved the Adultery, we ordain they shall be deprived of the Lords Supper, that is to say Ex∣communicated, lest through our remissness Sins unpunished may incline others to licentiousness. It appears by this
Cannon, that when the Adultery was proved, it was permitted to conclude another Marriage; it was so 'twas understood by Father Sirmond on the Letter of Auitus above-mentioned, wherein he was followed by his Nephew Mr. De la Lande Treasurer, of the Church of St. Framburg of Senlis; for in the Supplement of French Councils, * 2.220 he explains this Cannon in the same manner as I have explained it, and this ought not to be regarded as a private interpretation, seeing this Supplement was approved by the Clergy of France assembled at Paris in the years 1655, and 56.
The Synod of Agde in Languedoc in the year 506, * 2.221 marches in the same steps of that of Vannes, in the 25th Cannon, which Excommunicate those which put away their Wifes to marry themselves to others, before they represent to the Bishops of the Province the causes of their Separation, and before their Wifes have been condemn'd, that is for Adultery; for when they were once convicted, Husbands were permitted to Marry others; it is what is lawfully inferr'd from this Cannon.
Theodore Arch-Bishop of Canterbury held a Synod in the year 670, as Beda writes in his Ecclesiastical History of England, wherein he made these Cannons relating to Marriage. * 2.222 Let no Man forsake his Wife unless it be for Fornication, as the Gospel does direct: If any one puts away his Wife whom he has lawfully marryed, let him not marry another; if he will be a good Christian, but let him continue as he is, or let him be reconcil'd to his own Wife: That is, If he puts her away for any other cause than for Adultery; And it can't be question'd but this is the true meaning of the words of Theodore, especially if one considers that in Dom Luke D' Achery's Ninth Spi∣cilegium, There are a certain number of Cannons chosen
out of all those of the said Theodores, the 116th of which formally contains this Decree, * 2.223 It is permitted to him whose Wife has committed Adultery, to put her away, and to take another.
Gratian attributes this Decree to Pope Zachary who liv'd in the Eighth Century; * 2.224 You have layn with your Wifes Sister, if it be so, you cannot have to Wife neither the one nor the other; but as for her that was your Wife, if she consented not to this crime, and that she cannot con∣tain, she may marry in the Lord to whom she thinks sit. The Antient Copies, Manuscripts and Old Editions of Gratian produce this Decree, as being Pope Zachary's; yet there are Compilers of Decrees which have cited it as having taken it out of the Roman Penitential; * 2.225 but 'tis nothing the less considerable, seeing 'twas the Peni∣tential whereof Zachary was the Compiler. The Author of the Gloss explains the last words of the Cannon in this manner, Let her marry to whom she will: He ex∣plains them in adding these others, after the Death of her Husband; As if a Woman whose Husband was Dead, was not in full liberty to re-marry, without having any permission for so doing; whereas here there is question of a Man convicted of Adultery, whereby Marriage is dissolv'd; therefore the Woman which is Innocent, and has no share in the Husbands Crime, she is permitted to re-marry; Erasmus on the 7th chap. of the 1. Ep. to the Cor. where he examins the Que∣stion, Whether Divorce is sometimes permitted amongst Christians; Erasmus reproves and condemns the Gloss I but just now cited, as being contrary to the words of the Decree, and to the intention of Pope Zachary, to whom 'tis attributed, and he does so against the Ma∣ster of Sentences, * 2.226 who had interpreted the Cannon with this addition, that is to say, after the Death of the Hus∣band.
The Council of Verberie in Vallois assembled in the year 752, * 2.227 made several Decrees, the Second where∣of is compriz'd in these terms. If any one carnally knows his Wifes Daughter, he cannot have the Mother nor Daughter, and neither she nor him cannot never after marry any others; but as for the Wife, if she will, and if she cannot contain, if after she comes to know the Husband committed Adultery with her Daughter, she has no farther carnal knowledge with him, she may marry another Person, unless she will voluntarily abstain; and in the Tenth Can∣non; If a Son has committed Adultery with the Wife of his Father, neither he nor she cannot marry, but as for the Husband, if he will, he may marry another Wife; yet it were better to abstain.
That of Compiegne made this Decree Seven years af∣ter: * 2.228 If a Man has a lawful Wife, if his Brother commits Adultery with her, let not the Brother nor Wife which have been guilty of Adultery, never marry during life; But as for the Husband of the Wife, he is at his liberty to marry again if he please: The Fourteen and Fifteen Cannons Esta∣blish also the same Discipline. The Eighth Cannon is also found in the Fifth Book of Capitularies, chap. 19. it is apparently the Eighth Cannon of the Council re∣ported by Gratian, though in something different terms. Caus. 32. q. 7. c. Quaedam; under the Name of a Decree of a certain Council.
In the Roman Collection printed at Rome Fifteen years ago by Order of Cardinal Francis Barberin, Vice-Chancellor, and Dedicated by him to Pope Alexander the Seventh. There is found Two Synods held at Rome in the Ninth Century, One under Eugenius, the Second, the other under Leo the Fourth, and by the constitutions of the one and the other, one may separate for reason of Adultery, with power to re-marry; See
here what is contained in the 36th. Cannon of the for∣mer; That it be not permitted to any one whatsoever to for∣sake his Wife, and to joyn himself to another, unless it be in case of Adultery, otherwise the offender must take the former. The same Cannon is repeated in the Second, in the same Terms, and under the same Number of 36. * 2.229
The Council of Tribur, whereof I have already spoke, on the 13th Article, confirms the same practise in the 41. Cannon, where the Fathers require, that Bishops having regard to human frailty, should comfort those who have been separated for Adultery, and which cannot con∣tain, in suffering them to re-marry after having fulfill'd the time of their pennance.
The Frier Blastares whom I have already cited seve∣ral times, * 2.230 testifies that the Greek Church used so in his time, that is, in the 14th. Century, for amongst the se∣veral reasons for dissolving Marriage, he reckons Adulte∣ry, for the which he declares Marriage may lawfully be dissolved, and contract another, after sentence of the Judges.
It was in regard to this practise of the Eastern Nations, * 2.231 that the Ambassadors of Venice caused to be read in the Council of Trent a demand they made on the Anathema of divorces, which contain'd in substance, that their Republick held the Islands, and Kingdoms of Cyprus, Candy, Corfou, Zante, and Cephalony, inhabited by Greeks, who time out of mind have been wont to put away the wife guilty of Adultery, and to Marry another, and that this Custom known to the whole Church, Was never condemned nor blamed by any Council, and therefore that the Fathers would be pleased to dispose the Cannon that treated thereof in such a way, as should not be preju∣dicial to them, to which the Council had some regard, for the Opinion of the Greeks was not there directly con∣demn'd.
It appears clearly by what has been hitherto said, that the Establishment of our Discipline, is very judicious and very conformable to the use and practise of the Ancient Church, and also to that of the present Greek Church; so that the innovation is in those which have forsaken the ways of their Fathers, and have taken a quite contrary course, in teaching that the band of Marriage is not to be broke, not even for cause of Adultery; yet I cannot think Pope Ʋrban the second was so severe, nor that he would absolutely have forbidden Marriage to a man that had left his wife after having convicted her of Adultery, and what makes me think so, is, for that in a Synod he held An: * 2.232 1093. At Troys in Poulle, it was resolved in the first Cannon, to dissolve the Marriage of two persons that were nearly related, on this condition however, That if they separated according to the Judgment of the Bishops, they were permitted to contract other Marriages, be∣cause they were young; what likelihood that Ʋrban with his Synod composed of 70 Bishops and 12 Abbots, should not have judged the band of Matrimony indissoluble in regard of those, and that he would have thought it so after the Adultery of one of the parties.
I am confident if occasion had offer'd, this Pope would not have done otherwise in regard of persons which separated by reason of Adultery, then the two Roman Synods I but now cited in the 9th. Century, and the Councils of Verbery and Compeign, in the 8th. who permitted as has been shewn, to the innocent party, to re-marry, when the band of the former Marrirge is quite broke by Adultery; certainly the Fathers of these two Councils intended not to forbid Marriage to those which Adultery had separated, seeing they allowed separation for things of much less moment than is that of Adultery, and that at the same time they grant power and liberty to
re-marry anew, for Example, the 3d. * 2.233 Cannon of the Synod of Verbery is conceiv'd in these terms; If a Priest has Mar∣ry'd his Neece, let him leave her, and be deposed; If another takes her to wife, let him put her away also, because 'tis a thing blame worthy that another Man should marry her which was put away by a Priest; but if the man cannot contain, let him marry some other.
The 5th. cannon contains this Decree; If a Woman has con∣triv'd the Death of her Husband with other Men, and that the Husband in his own defence kills him that comes to murder him, and that he can prove it; he may repudiate his Wife, and marry another if he please. The 9th. permits him that is forced to quit his Country to go to live in another, and that his Wife will not follow him, it permits him to Marry another.
In the 6th. it is permitted to a free Man that shall have Marry'd a slave, thinking her to be of a free condition, he is permitted to take another, if the first be put again under servitude, and that she cannot be ransomed, the same power is given to a free woman that shall marry a slave, not knowing he was so, unless he had been forc∣ed by famine to sell himself by consent of his Wife, and that the price of the sale of the Husband had served to preserve the Wife from Want and perishing by famine; besides this, the Woman might put away her Husband, and Marry another, if she cannot contain.
This last Cannon of the Synod of Verbery in the 5th. * 2.234 of that of Compeign, where we Read these words; If a free man has taken in Marriage a woman whom he thought to be free, and afterwards he found she was not, let him put her away if he will, and let him Mar∣ry another.
The 4th. of the same Council of Compeign makes this or∣dinance; If a man has marri'd his Wises Daughter being
of a free state, to a free man, or to a slave, or to a Church∣man, and that he married her against her will, and against the will of her Mother, and her relations, if she will not have him for a Husband, and that she leave him, her Relations may give her another, or if she herself has Married another, after having left the first, let them not be separated.
In the 13th. we Read this, if any one has left his wife; and in consideration of Piety and Religion, he has given her liberty to enter into a Monastery; or that for the Love of God, he has suffer'd her to take the vail out of a Mo∣nastery; let this Man take a lawful wife, and let the Wo∣man do the same on the like occasion.
The 16th. is contained in these words, if a Leprous man has a Wife that is clean and sound, and that he will suffer her to marry another, let the woman marry ano∣ther if she please, * 2.235 and let the Husband do the same. Pope Stephen the second prescribed near hand the same thing three years before, from whence may be gathered, that according to all appearance he would have made no difficulty to approve the re-marrying of those whom A∣dultery had separated.
Nevertheless I could produce several other proofs for Establishing the matter I Examine, if I feared not to be to tedious, I will therefore end this enquiry by two remarks; the first concerns Ecclesiastical Writers which teach, that it is lawful to separate for Adultery, as Ter∣tullian who thus explains himself; * 2.236 If God has prohibited under such condition to put away ones Wife, he has not abso∣lutely forbidden it; and what he has not absolutely forbidden, be his permitted. Lactantius saith, That he is an Adulte∣rer that forsakes his Wife, * 2.237 to marry another, if he leaves her for any other cause then for the Sin of Adultery, The Law saith Gregory Nazianzen gives the Bill of Divorce for all
things; but as for Jesus Christ he gives it not for all things, but he only permits to separate from the shameless and adul∣terous woman: This separation if we follow the Explica∣tion of Father Sirmond on the 46th. Letter of Auctus, imports the Power of Marrying another, to which a∣mounts also what is said by Theophilact on the 5th. chap. of St. Matth: That he that put away his Wife for just cause, That is to say for Adultery, is not subject to any condemnation: I say the same of all those which have ex∣plained themselves near hand in the same manner, as St. Basil in his first Cannonical Epistle to Amphilochius, Can. 9th. and some other.
In my second Remark I produce the Testimonies of two famous Doctors of the Greek Church, which testifie Marriage is entirely dissolved by Adultery, and that the band is quite broke, the first is of St. * 2.238 Chrysostome who in his Homilies on the 7th. chap. of the first Epistle to the Cor. teaches positively, That the Husband which puts a∣way an Adulterous Wife is not culpable; And if you ask him the Reason, he'll tell you it is, The Marriage is already dissolved, and that after the fornication, the the Husband is no longer a Husband.
The other Witness is Theodoret, who Treating of this business in his Therapeutique, or manner of healing the affections of the Greeks, makes this Reflection, * 2.239 worthy himself: The Authour of Nature in Creating human Na∣ture made at first one Man and one Woman, and forbid to dissolve Marriage, having not suffer'd to dissolve it, but for one only cause which indeed doth break the band: And having instanced the Words of the Gospel where Je∣sus Christ suffers to separate for Adultery, and to Mar∣ry again, He adds. * 2.240 By these Words Jesus Christ com∣mands to bear all other faults in a Woman, her prating, Drun∣kenness, Evil speaking; but if she violates the Lawes of Mar∣riage,
then He commands to dissolve and break the Bands: Nothing can be desir'd more positive nor more clear for proving the matter I treat of, therefore I conclude, in observing, that St. Chrysostom and Theodoret's Deposi∣tions do no less favour the Article of our Deposition, than the Testimonies I produced at first, as well of Ecclesiastical Writers, as of Councils, by all which I have made clearly appear, that in the Ancient Church they were perswaded, as they are at this present amongst the Greeks, and amongst the Protestants, that Jesus Christ suffers Christians to separate from their Wifes for the reason of Adultery, and to marry others.
If it should happen that after Contracts and Promises made, and before the accomplishing of Marriage, the Bride is found to have committed fornication, before or after the said promises, and that 'twas unknown to him that had promised her Marriage, after definitive sentence as abovesaid, the Consistory may proceed to a new Marriage; the Bride shall have the same liberty if it be found that the Bride∣groom has been guilty of fornication before the said promises.
There is in the third Volume of the Councils of France, a Letter of Pope John the 8th. to Walenus Bishop of Metz, * 2.241 by which he lets him understand that he is to blame against the Authority of the Cannons to go about to constrain a Man to Marry his Sweet-heart al∣though she be found with child by some body else before consummation of the Marriage.
The Wifes whose Husbands shall be absent a long while in Voyages, for Merchants or otherwise, shall have recourse to the Magistrate, if they desire to be re-marry'd.
St. * 2.242 Basil in his 2 Canonical Epistle puts in the Number of Adulterous Women those which re-marry before they are certain of the death of their absent Husbands, yet in such a way as that he will have the Wifes of those that are in the Wars treated something more favourably than others, because a long absence makes it more be believ'd they are dead, than others which are absent for some o∣ther Subject.
Pope Leo the first Writing to Nicetas Bishop of A∣quilea touching Women that have re-marry'd after a long absence of their Husbands who had been carry'd away Captives, he Orders that at their return, * 2.243 they may be permitted to reassume their Wifes, who to this purpose are to separate from their second Husband, it was also the Opinion of Innocent I. Ep. 9.
Theodore Archbishop of Canterbury whom I cited on the 29th. Article, * 2.244 suffers a Lay man whose Wife has ab∣sented, to marry another at the expiration of seven years, with consent of the Bishop, and at the End of one year, if she has been taken away Captive by force.
The 83 Caunon of the 6 universal Council, * 2.245 follows near hand the Discipline of St. Basil, and partly that of Leo the First.
The 9th. of that of Verbery, which I have mention'd several times, suffers a Man who is forced to change
Countries, and whose Wife will not follow him, it suffers him to marry another, if he cannot contain, Tom. 2. Conc. Gall. pag. 3.
Photius in the 13 Title, Can. 2. of his Nomocanon, declares the Time and the Manner that the Wife of the absent Husband is to observe before she re-marries.
The Friar Blastares follows the steps of Photius, and when the absence of the Husband or the Wife is caused by Captivity, he determins that if in five years no news be heard, the Marriage is void.
As for the Wifes of Priests and Friers, which revolt and return to Idolatry, singing Mass, or returning to their Cloy∣sters from whence they came out before, they are advertis'd to inhabit no longer with their said Husbands during their Apostasie, not to load Marriage with blame and ignominy, and also shall not marry with others, until the first marriage be dissolv'd by the Magistrate.
To this Article may be referr'd the 44 Cannon of the 2d. Cannonical Epistle of St. Basil, with the interpreta∣tions of Balsamon, and Zonaras, the 13th. Cannon of the first Council of Orleans of the year 511. and the 3d. of that of Verbery, assembled Anno 752. for in all these places, * 2.246 something is ordain'd which comes very nigh the Establishment of our Discipline.
NO Body shall be received to the Communion of the Church. until he has first publickly renounced all Su∣perstitions and Idolatries of the Church of Rome, and of the Mass, especially.
The Church in all Ages has refused to receive Persons into her Communion, until they had first given an ac∣count of their Faith, and had renounced all Errors they had formerly professed, and all the false Worship they had before preached; I may prove this Truth by sun∣dry Cannons, but I'le only produce some, the thing be∣ing clear of it self; The Sixth Cannon of Laodicea is ex∣press on this Subject. Hereticks must not be permitted to enter into the House of God, if they persevere in their He∣resie. The Seventh is no less formal; Those amongst the Novatians, Photinians, or Quarto decimans, nor those amongst them they call Believers, until they first anathe∣matize all Heresie, especially that wherein they were detain'd. To this same Subject may be apply'd the 37th and 58th Cannons of the same Synod; about Forty years before the Great Council of Nice had order'd in the VIII. Can∣non touching the Catharians, that when they return'd to the Communion of the Church, they should be ob∣lig'd to declare by writing, That they imbrac'd all the Doctrines of the Catholick and Apostolick Church: And that by consequence they renounce all the Errors con∣trary to them, and wherewith they had been infected,
and because all Errors are not alike dangerous, the Se∣cond Oecumenical Council assembled at Constantinople in the year 381, prescribes in the Seventh Cannon, the manner of receiving those which turn to the Church, and this method is different according to the Diversity of Errors of those which are converted, but after all, the least that is expected of them, Is to anathematize by Writing, all manner of Heresie as doth not agree with the Dogma's of the Holy Catholick and Apostolick Church.
A Believer is not permitted to intermeddle in any thing wherein there may be an intermixture of Idolatry, as that which is called the Kiss of the hand, or the Ceremony of the Church, keep Masses, Vigils, and maintain Friers which are appointed for that purpose; But to hold Priories, Revenues, Rents, Chappellanies, and Tythes to pay the Revenue to Churchmen, inasmuch as they are Temporal Lords, it is a thing indifferent, and at the liberty of those that please to do it; Nevertheless Believers are advertis'd not to inter∣meddle in those matters, if they find any abuse therein, or appearance of any ill consequence, whereof the Consistories shall take special heed.
It's only requisite to read what I have said on the Nineteenth Article of the Fifth chap. which is that of Consistories, to see after what manner those are treated in the Primitive Church as were any way poluted with Idolatry: I will here only add two things, First, That the Ancient Fathers called Idolatry, Crimen principale, summum scelus, principale crimen genneris humani, sum∣mum saeculi reatus, tota causa judicii: And by these ex∣pressions they would let Christians, see how much they should abhor Idolatry, seeing it breaks all manner of Communion with God. Secondly, That the Council
of Laodicea after having declared in the 35th Cannon, that Christians should not forsake the Church of God to follow Angels to invoke them it makes this Mennace, If any one be found to serve this hidden Idolatry, let him be anathematised, because he has forsaken our Lord Jesus Christ the Son of God, and is turn'd to Idolatry.
The Reader may observe if he please that the Fathers of Laodicea, think one abandons Jesus Christ, and for sakes him, at the very instant one makes any step to∣wards Idolatry; and 'twill be to no purpose to say that one often thinks there is Idolatry where there is none, because that as soon as ever a Man thinks there is Idola∣try he ought not be concern'd, more nor less, al∣though he might be mistaken in his Judgment; for he would betray his own Conscience, and indanger his Salvation, seeing that in matter of Religion, all that is done without Faith is Sin, as St. Paul saith.
Those who by unlawful means, as by Popes Bulls, or for Money, shall hold Benefices, and also those which shall up∣hold Idolatry directly or indirectly, are declared unworthy to be admitted to the Holy Communion of the Lords Supper. As for benefices conferr'd on any Body by right of Patronage, whether it be by Provision of the Lord Lay Patron, or by Collation of the Bishop, Believers are advertis'd not to accept of any that shall be given them, under any open or ta∣cit condition of service deditated to the Idol.
This Article being a consequence and dependance on the former, it has no need of any other Interpretation.
Printers, Booksellers, Painters, and other Tradesmen, and in general all Believers, especially those who have any
Office in the Church, shall be admonished not to make any thing in their way, as depends directly on the Superstitions of the Church of Rome. And as for private Actions, and the corrections proper thereunto, it shall be what the Consistory shall judge convenient.
The same may be said almost of this as I said of the Third, and add withal, That after our Separation from the Church of Rome for things which we do not approve, we cannot with safe Conscience practice any of those things which have been the motive and cause of our Separation.
Notaries, Secretaries, and others who by their Offices are obliged to Sign and Seal things indifferently, which are presented to them, shall not be blamed for receiving Testa∣ments, passing Contracts, and dispatching Letters of things which concern Idolatry; nor Judges for judging causes con∣cerning Ecclesiastical Matters, and the Execution of E∣dicts.
The Authors of our Discipline have prudently per∣mitted those of our Communion, in preferrence to those of the Church of Rome, to do all things as may be done without prejudicing ones Conscience, or indan∣gering Salvation.
Arbitrators shall not meddle with any Matters that con∣cern Idolatry directly nor Indirectly.
There needs no other Commentary on this Establish∣ment then what I have remarked on the Tenth and Eleventh.
Advocates and Attorneys may not plead in causes which tend to taking away Preaching and setting up Mass; and generally they shall not be suffered to give Council to the Romish Clergy in causes which tend directly or indirectly to the oppression of the Church, and true Religion.
There can be nothing more just than to forbid all Per∣sons of our Religion to Establish what we do condemn, and to destroy what we set up.
Neither Bishops, nor Officials, nor Arch-Deacons, such as they are at present, have by right, any Jurisdiction, Ecclesiastical nor Civil; Nevertheless because Believers are sometimes constrain'd to appear before them to gain their Right, which otherwise were not to be obtain'd, they may thither make their address, being referr'd by the Magistrate, to whom they are first to apply themselves.
One may and ought also submit to all the Juris∣dictions Established in a Country by Consent and Au∣thority of the Sovereign, especially when one is appoin∣ted so to do by Order of the Magistrate, under this con∣dition nevertheless, That the Service of God be not thereby injur'd, nor the Conscience concern'd.
Advocates that are Believers ought not to plead on any account whatsoever, before Officials, but only in cases for which one may prosecute their Right before them according to the precedent Article.
This Article depending of the former, its needless to look for any other Explication.
It is not a thing unlawful in it self to exercise Civil Ju∣risdictions and Procurations under Ecclesiastical Persons, which do not at all concern that which they call the Spiri∣tuality.
Seeing it is permitted to acknowledge the Jurisdicti∣ons of Ecclesiastical Persons, on certain occasions, and in the manner above established, it may also be permit∣ted to Exercise them.
Believers may not obtain nor publish Monitories, nor Excommunications of the Roman Church.
The Protestants not acknowledging the Popes Au∣thority to be Legitimate, they ought not to have re∣course to it, Directly nor Indirectly.
Inasmuch as it is not lawful nor expedient to go hear the Preachers of the Church of Rome, or others that intrude themselves without being lawfully called, the Flocks shall be hinder'd by the Ministers from going thither; and those that will go, shall be summon'd before the Consistory, and sensur'd as the case shall require.
It's above Thirteen Hundred years ago, that the Council of Laodicea made this Decree; Those which are Members of the Church shall not be permitted to go to Church yards nor to Oratories of any Hereticks whatsoever, either to Pray, or to obtain the healing of any Sickness; but the Believers that have so done shall for a time be deprived of the Holy Communion, and upon confessing and repenting their fault, shall afterwards be restor'd again.
Lords, Gentlemen, and others, shall be advertised not to entertain in their Houses, scandalous and incorrigible Persons; and especially if they suffer Priests singing Mass, or discoursing to debauch their Servants, or if they do anew, take, and receive such into their Service.
This Establishment tends only to the purity of Life, and preservation of true Religion, which are things to which every body ought diligently to apply them∣selves.
Fathers and Mothers shall be Exhorted to take great care in Teaching and Educating their Children which are the Seed and Nursery of the Church. And those which send them to the Schools of Priests, Friers, Jesuits, and Nuns, shall be prosecuted by the severest Church Sensures. Those also which put their Children to be Pages, or otherwise, to Lords and Gentlemen of the contrary Religion, shall be advis'd how they do so.
This proceeds from the same principle the other did, and was made by the same Motives, which are Motives very reasonable, and very conformable to the practice of the Antient Church.
Those who have Brothers, Sisters, and other Relations, who having quitted Monasteries to serve God with a pure and good Conscience, shall be Exhorted to assist them, and to do according to the Laws of Humanity and Affinity.
If Christians are obliged, and they are obliged by the word of God, and by the Ancient Cannons, to ex∣ercise towards all Men, Works of Charity; of greater
Reason should they do them to their near Friends and Re∣lations, especially when they are reduc'd to necessity for serving God with a good Conscience, in departing from a Communion wherein they were fully perswaded they could not be saved.
Ministers nor any else in the Church, cannot Print Books made by themselves or others touching Religion, nor any way publish them, without communicating them to the Colloque, or if need be to the Provincial Synod, and if the matter require hast, to the Accademies, or to two Pastors which shall be nominated by the Synod, and shall attest the Examination by them made of the said Writings.
This Ordinance is very necessary to prevent all the evil consequences as may sometimes ensue without the Examination therein prescribed; the same thing is done amongst the Papists, whose works are commonly ap∣proved by some Doctors, and at Rome by the Master of the Sacred Pallace. See what I have said on the Fifteenth Article of the First Chapter,
Those which take Pen in hand to treat the Histories of the Holy Scriptures in Meter, are advertis'd not to mix therein any Poetical Fables, and not to attribute to God the Name of false Gods, and not to add nor diminish to the Holy Scriptures, but to keep as near as may be to the Stile of it.
This Article will find it self sufficiently explain'd, by the things I have remarked on the Twelfth Article of the First Chapter, whether I refer the Reader.
The Books of the Bible whether Cannonical, or Ap∣pocriphal, shall not be transformed into Comedies, nor Trage∣dies.
This Respect is due to the Holy Scriptures, as not to make it serve for Subject nor Argument to these pee∣ces of Theater, which the Ancient Church has securely condemned, forbidding her Children to be there present.
Churches where there shall be Printers, shall warn them not to print Books that shall concern Religion or Ecclesiasti∣cal Discipline, without first having communicated them to the Consistory to prevent the mischeifs that have arisen there∣by. The Printers, Stationers, &c. shall be warned not to sell any Books relateing to Idolatry, that may be impious, or scandalous, or which may tend to the corrupting of good Manners.
After what I have observed on the 2, 3, and 16th. Articles of this Chapter, this doth not require any new interpretation.
Although the Priests do wrongfully usurp Tythes by reason of their Administration; nevertheless they ought to be paid in respect to the Kings command, and to avoid sedition and giving offence.
In that we pay Tythes to the Curate, is an Effect of the obedience we owe to the Ordinance of our King, and a mark of the care our Synods have had in acco∣modating in indifferent things with those from whom we have separated for meer Conscience sake, and not for worldly considerations, nor for private Interests.
Believers shall be exhorted not to give any offence in working on fast days, according to the Edict.
It is also by a Principle of Obedience and submission that we observe Holy-days, not to offend our Neigh∣bours, and to keep our selves up to the Edict under whose Rules we live.
All Ʋsuries shall be very strictly prohibited, because they are Exorbitants, and many abuses is therein committed
The Ancient Cannons very strictly prohibited usury, because it was cruel, and many great crimes were there∣in committed; Our Discipline follows a moderation in declaring that in matter of Lending, one shall act ac∣cording to the Kings Ordinance, and moreover that the Rules of Charity be consulted.
All violence and unbecoming language against those of the Roman Church, and even against Preists and Friers shall not onely be hinder'd, but also wholly suppressed as much as possible may be.
This Article is grounded on the Gospel, which puts in the number of Murderers, those which violate their Neighbours by injurious words, and shews the dispo∣sition we have ever had to live peaceably with our Country-men, not to instance in Cannons which forbid all manner of Outrages.
Swearers, who through Custom or Anger take the Name of God in vain, and others who prophane the Majesty of the Lord, shall be grevously censur'd and after one or two ad∣monitions,
if they desist not, shall be suspended the Lords Table; and outragious Blasphemers, as also Damee's, and the like, shall by no meanes be tollerated in the Church, but from the first offence, shall be censured even to suspension from the Sacrament, and if they persist, they shall be publickly Excommunicated.
The foundation of this Article is taken from the third Commandment of the first Table of the Law, Thou shalt not take the Name of the Lord thy God in vain, for the Lord will not hold him guiltless that taketh his Name in vain, After so strict a prohibition, and so terrible a Comminati∣on our Discipline had Reason to establish punishments against the Infringers of this Commandment, to a∣void all blame and reproach, * 2.247 because as Gregory the first says, Him that corrects not what should be taken away, doth commit it; Our King St. Lewis, made an Ordinance in the year 1270, to bannish out of his Kingdom, Blas∣phemies, and Oaths, whereby the Majesty of God is criminaly prophan'd.
The Churches shall advertise Believers both Men and Women to use great Modesty, especially in Apparel, and shall give Order to abate the superfluity therein committed: Ne∣vertheless the said Churches shall make no Law thereabouts, it being a thing appertaining to the Magistrate to do; but shall give notice to all, that the Kings Ordinances in those Cases shall be diligently observ'd.
The remarks I have made on the 20th. Article of the first Chapter will shew the Conformity of this, with the Discipline of the Ancient Christians.
No body can be debarr'd from the Lords Table for wear∣ing
any kind of habit that shall be of Common use and Custom in this Kingdom, but in this rank ought not to be compre∣hended those which leave the open marks of shame, dissolute∣ness, too much newness, as Painting, naked Breasts, and the like, the Consistories shall use all possible means to suppress such Dissolutions by Sensures, and against obstinate Persons, shall proceed to suspending them from the Lords Table.
I say the same of this as of the former.
Dances shall be suppressed, and those who make account to Dance, or be present at Dancing, after having been several times admonished, shall be Excommunicated when they shall grow obstinate and Rebellious. Consistories are strictly en∣joyn'd to see this Article duely executed, and to cause it to be publickly read in the name of the Synods, and the Colloques exhorted to take Notice of Consistories which shall not take care, to Sensure them.
* 2.248The Synod of Laodicea about the middle of the 4th. Century made a Cannon against Dances, contain'd in these Words; Christians which go to Weddings, must not Dance, but let them Dine or Sup civilly, as becomes Christians.
In the third Volume of the Councils, a like Decree is attributed to the Council of Lerrida in the year 524. Though its nothing but the same of that of Laodicea a little vary'd, but just now mention'd. Herrald Bishop of Tours in his Capitulary's of the year 858, * 2.249 in the third Volume of the Councils of France, forbids also Dances, not only at Weddings, * 2.250 but also on other occasions; the Frier Blastares has not in his Collection forgot the Can∣non of Laodicea, Chap. 7. of the Letter G. pag. 66. St. Eloy Bishop of Noyon in the 7th. Century inveigh'd much against Dancing, which he put in the number of Devilish
Divertisments, as is reported by St. Owen in the second Book of his life, chap. 15. Tom. 5. spiril. pag. 217.
In the year 589 the third Council of Toledo had ap∣pointed in the 23d. * 2.251 Cannon to exterminate this pro∣phane and Irreligious Custom from amongst the people, who instead of attending diligently on Gods service on Holy-days, spent the time in Dancing and singing filthy and impure Songs, and the Fathers enjoyn the Bishops and Judges with care to clear Spain from this extravi∣gance. And about the beginning of the V. Century a Council of Africa had ordain'd in the 27th Cannon, that the Emperors should be desir'd to prohibit Dances in the Streets on Days appointed for Celebrating the Me∣mory of Martyrs; * 2.252 In the 6th. Book of the Capitularies of our Kings of the second Race, Dances and Lascivious Songs were absolutely forbidden, and it is therein de∣clared that they which shall disobey this Ordinance shall suffer the punishment contain'd in the Cannon, alledging for a Reason that they are the remainders of Paganism.
Mommery's, and Stage-plays shall not be allowed, nor the Ceremony of King Drinks, nor Carnavals, nor Hocus Pocus, slight of Hand, and Poppet and Stage players, and Christi∣an Magistrates are exhorted not to tolerate them, because these things only cause loss of time, and entertains Idleness, Curiosity, and Expence. Neither shall it be lawful for Be∣lievers to assist at Comedies, Tragedies, Farces, Morali∣ties, and other plays acted in publick or in private, seeing that in all Ages they have been prohibited amongst Christi∣ans, as inclining to the corrupting of good Manners, especi∣ally when the holy Scripture is therein mingled. Neverthe∣less when in Colledges it shall be thought fit that Youth may represent some History, it may be tolerated, provided it ben't contain'd in the Holy Scripture, which is not given to
be dally'd with, but to be truly Preached, also it shall be done but very seldom, and by advice of the Colloque, which shall first see the composition.
There may be apply'd to this Article as to what re∣gards Mummery's, the Liberties of Shrovetide, and other the like Pastimes, what the Fathers have said and done against Christians which allow'd themselves in Liberti∣nism after the Manner of Pagans in the Callends of Janu∣ary that is to say, the first day of that Month, who used near hand the same Sports now practis'd at Carnaval; but to draw to a Conclusion, it suffices to refer the Rea∣der to the first Cannon of a Synod at Auxer in the year 578, to a Homily of Maximus Bishop of Turin, and a Writer of the V. Century, Entituled, A Homily on the Circumcision of our Lord, or a reprehension of the Callends of January: In this Sermon he explains the Follies and Debauches committed by Christians on that day, and to what St. Owen writes of St. Eloy in the same Chapter cited on the foregoing Article, whereby we find they aban∣don'd themselves to very great Extravagancy, they put on Vizards, and put themselves in the shape of sundry Beasts, as of Sheep, Stags, Cows, Bears and other Beasts, to act with greater Liberty and Freedom, until that at last these extravagancies being restrain'd by Ecclesiastical and Civil Laws, Christians changed these Follies of the Callends of January, to the time a little before Lent, as if one were bound to commit Sin, to have greater occa∣fion of Repentance.
As for the rest of the Article which concerns Stage∣plays, and the Theater, the Ancient Doctors of the Church incessantly cry against these worldly pastimes; Tertullian and St. Cyprian have writ whole Treatises on purpose to divert Christians from them, and has called
them spectacles: I actantius, St. Basil, St. * 2.253 Cyril of Jerusa∣lem, Isidore of Petlusta, St. Crysostome, St. Austin, has highly condemned them; and Salvian in his Treatise of Providence, doth vehemently exagerate the evils that proceed from them, and saith several things as may just∣ly be apply'd to those amongst us as do frequent the Theater, and Comedies.
The third Council of Carthage in the year 388 ex∣presly forbids it in 11th. Cannon. And the 4th. * 2.254 which was assembled the year following, Excomunicates in the 81th. Cannon, all those which on a solemn day abandon the assembly of the Church to be present at Stage-plays; * 2.255 therefore in another Council under Aurelius, the Fathers of Africa resolved to beseech the Emperours to prohi∣bit those worldly divertisments, especially on solemn days set apart for the Exercise of Piety and Religion; The 6th. Oecumenical Council employes to this purpose the 51st. Cannon at the end of the 7th. Century. * 2.256 Thence it is that the Ancient Discipline excomunicates Stage∣players, Jesters, Comedians, and all those as mounted on the Theater to show these Divertisments to the people; and worldings must not abuse what's added at the end of the Establishment I examine, saving the only scope of it was but sometimes to Exercise Scholars in Colledges.
All Playes prohibited by the Kings Edicts, as Cards, Dice, and other Games of hazard, and those of cevetous∣ness, immodesty, scandal, or notorious loss of time, shall be suppressed, and the parties reproved and admonished by the Consistory, and Sensured as the Circumstances shall require: Lotteries also are not to be allowed, whither tolerated by the Magistrate or otherwise.
The 6th. * 2.257 universal Council made this Decree, con∣tain'd in the 50th. Cannon, That no Christian whether of the Clergy or Laity, do henceforth play at the game called Hazard, and if any be found doing it, if of the Clergy, that he be deposed, but if of the Laity that he be Excommuni∣cated.
To be present at Feasts and Collations of Weddings, at Birth and Marriage of Children, made by those of the Romish perswasion, is in it self indifferent; nevertheless Believers are advertised to use it to Edification, and to con∣sider if they are sufficiently able to resist the dissolutions and other evils which may there be committed, and also to reprove them. In which Feasts are not comprised those made by Priests at their first Mass, to which it is not lawful to goe.
The Council of Loadicea has proved in the 35th. and 54th. Cannons against the debauches which may happen at Feasts, and has warned Christians not to participate thereof.
As for the Feasts made by Priests at their first Mass, our Discipline had just reason to forbid those of its com∣munion not to be there present, because 'twould be in some sort a silent approving of a thing which has occasi∣oned one of the greatest causes of our separation from the Romish Church, it was by a like principle the Synod of Laodicea prohibited Christians in the 37th. 38th. & 39th. Cannons, not to communicate of any thing as they were wont to use in the Feasts of Jewes, Hereticks, and Pa∣gans.
It shall be no means be permitted to be present at the Feasts or Weddings of those which to marry a Person of con∣trary Religion shall revolt from the profession of the Gos∣pel. As for those which have been a good while revolted, or are wholly Papists, it is at the discretion of Believers to do what they shall in Wisdom think convenient.
What I have observed at the end of the former Ar∣ticle, may be applyed to this.
Those which challenge or cause to be challenged to Duel, or that being challenged accept it, and even kill their Adversa∣saries, although they might obtain their pardon, or be other∣wise claered, shall be sensured to the being suspended from the Lords Supper, which suspension shall be speedily published, and if they desire to be received to the peace of the Church, they must make publick confession of their Crime.
Duels being expresly condemn'd by the Word of God, and by the Laws of our Invincible Monarch its very just severely to sensure Transgressors, and all those which passing over the Laws of Heaven and Earth, give way to these furies and passions, which proceed from an insatiable desire of anger and revenge.
These Articles here contained touching Discipline are not so setled amongst us, but if the good of the Church re∣quire it, they may be changed; but it shall not be in the po∣wer of Ministers, Consistories, Colloques, and Provincial Synods thereunto, to add, alter, or diminish, without the advice and consent of a Nati••nal Synod.
Upon the least knowledge of Ecclesiastical Antiquity, it is
apparent that the Conducters of Christian Churches has on several occasions done what our Discipline tolerates in this last Article, and after the manner it prescribes; thence it is that when there was any question made of a point of Discipline which regarded the Churches of the Roman Empire all in general, it was only an Oecu∣menical Council could determine it, as I have made appear on the second Article of the 6th. chap. to which I referr the Reader, moreover it were easy to produce sundry examples of changes made at several times, in the Ancient Discipline; but as 'tis a truth own'd by all the world, I will only touch at the matter of pennance the practice whereof has been various according to the diversity of times, Councils having therein made se∣veral changes as occasion has required, as appeares by Reading the Ancient Cannons; see what I have writ on the 19th. Article of the 5th. chap. which is that of Consistories. However Ecclesiastical Discipline should allways be conformable to the genious of the Gospel, and to the mind of Jesus Christ, and have for its foundation this maxim of St. Paul, That all things should be done decently and in order in the Church of God: * 2.258 This being so, the Chrch has allways had power to change what it thinks fit in matter of Discipline, see∣ing that according to St. Austins remark, the last O∣ecumenical Councils have often corrected the former, its true he saith it ought to be done without arrogancy, or pride, without strife or contention, wirh o•• spirit of love and charity. For the Rule of faith remaining entire, saith Tertullian, the rest which relates to Disci∣pline; admits the novelty of Correction by means of the grace of God, which operates and makes farth∣er progress in us to the end,
Page 54. Edit. Ox∣ford 1633.
Tom. 1. Concil pag. 727.
1 Tim. 3.6.
De Presc. c. 41. edit. Paris. 1664.
Can. 2.
Tom 4. Concil. p. 531. & 587.
Theodoret. Lab. 4. c. 13.
P. 20. Edit. Par. 1631.
Lib. 3. Cap. 20.
Ep. 67. ult. Edit.
Id. Ep. 33.
T. 3. Ep. 181. Paris 1638.
P. 236. Pa∣ris 1642.
Cap. 1.
Aelius Lampri. in Alex. Sev.
L. 1. c. 9.
Tom. 6. Concil. pa. 872.
Part. 1. c. 1. T. 1. Paris. 1586.
Part. 2. cap. 11.
Tom. 10. Probl. Pat. p. 107.
Page 25.
Tom. 1. Orat. 8. p. 148. Paris 1630.
Tom. 1. Conc. Gall. p. 57.
p. 84. c. 5. Lyon. 1652.
Ibid.
L. 6. c. 43. p. 245.
Apud Theodor. l. 1. c. 9. Ibid. 1.20. p. 50.
Tom. 3. Concil. p. 410. & 462.
Pa. 254, &c.
Tom. 2. p. 343, & 363.
Ubi supra, p. 613.
Tom. 7. Concil. p. 885. ad 887.
Can. 7. t. 1. Conc. Gal. p. 250.
Tom. 1. Concil. p. 727.
Antir. 2. Part 2. c. 8. p. 72. Paris 1634.
To. 2. Reg. 70. C. 1. p. 476. To. 4. pag. 383. T. 5. p. 326. Pa∣ris 1632.
Tom. 4. p. 192. Paris 1623.
Tom. 4. Conc. 525 Ibid. pag. 531 To 1. Conc. Gal.
Tom. 3. Concil. p. 539.
Hist. Ec∣cles. l. 5. c. 23.
L. 7. c. 32. p. 288.
L. 1. c. 13. p. 34.
Tom. 7. l. 2. c. 26. de pecc. mor. & rem.
L. 7. c. 30. p. 282.
Tom. 3. Bibl. Pat. p. 94, & 112.
Cod. A∣fric. Ju∣stell. Ca∣non 18.
Tom. 1. Concil. pag. 902.
Tom. 1. Concil. Gall.
Tom. 4. Concil. pa. 589. Ibid. p. 824.
Ibid. p. 802.
P. 639. c. 3. Paris. 1654.
Tom. 3. Concil. p. 820. Collect. Rom. part 2. c. 14. p. 162.
Tom. 8. Spirit. Dach. p. 13. Paris. 1668.
Tom. 1. Conc. Gall. p. 111.
Tom. 1. Conc. Gall. p. 254. Tom. 7. Conc. p. 153.
Tom. 5. Part. 2. p. 211. Paris. 1638.
Ep. 2 Paris 1664.
Tom. 3. Conc. p. 428, 429.
L. 1. p. 555.
Tom. 3. Conc. p. 800.
Ep. ad Cor. p. 69.
Can. 12.
Tom. 1. Concil. p. 728. Tom. 4. Concil. p. 820.
Tom. 1. Conc. Gall. Ibid. c. 3, & 10.
Tom 3. Conc Gall. p. 111.
Orat. 25. p 440.
Tom. 4. p. 266.
Tom. 1. p 110. Paris. 1574. Ibid. p. 185.
Ibid. l. 2. p. 393.
Tom. 2. Reg. 70. C. 5, 6, 7, 23, 26.
2 Tim. 1.13. & 2.14. & 3.2.
2 Tim. 3.3.
1 Cor. 1.17. & 2.14.
Euseb. Hist. l. 5. c. 10. & l. 6. c. 6. Can. 3. &c. 26. Can. 15, & 29.
De Lapsis.
Lib. 7. Ep. 58. To. 5. p. 322. P••r. 1632.
Tom. 2. Conc. pag. 222.
Can. 14, 15.
Con. Fran. cap. 55. Tom. 2. Conc. Gall. p. 217.
Coll. Rom. p. 2. c. 6, 7: p. 23, 24.
Tom. 3. Conc. Gal. c. 36 p. 42.
Hist. du Conc. lib. 6. p. 592. ad 600. & p. 621. ad 616. avec le livre 2. p. 309, 310, 311. •• Troys 1627.
L. 5. c. 11.
P. 3. Paris 1666.
Ep. 207, To. 2.
Tom. 4. Conc. p. 422.
Ibid. p. 581.
Apud Be∣dan. Hist. l. 4. c. 5.
Tom. 3. Concil. Paris, p. 803. 1636.
De Haeret. Baptiz. p. 282. Vol. Edit. Paris 1666.
Hist. Ec∣cles. l. 7. c. 32. p. 288.
Tom. 2. Concil. Gall.
Pandect. Can. To. 2. p. 129. Oxford. 1672.
Theodor. Tom. 3. P. 988. Paris. 1642.
L. 8. c. 6.
Lib. 2. Padag. c. 12. p. 211, 212. Paris. 1641.
De habit. Virg. p. 165. Paris. 1666.
L. 5. Ep. 200. Paris. 1638.
Tom. 1. Conc. Gall. Can. 21. p. 165.
Collect. Rom. part 2. c. 41. p. 132.
Tom. 1, p. 134, 135, Paris. 1666.
Pag. 121.
Pag. 444.
Tom. 7. Conc. p. 504.
Can. 10, & 20.
Can. 18.
Tom. 1. Conc Gal. p. 126. C••n. 11.
Ibid. p. 138. c. 5.
Tom. 5. Concil. p. 328.
Lib 7. c 35 36, 37.
Collect. Rom Part 1. p. 52.
〈◊〉〈◊〉. 20.
1 Cor. 9.14.
Ep. 66. p. 109.
Tom. 1. Conc 〈◊〉〈◊〉 p. 168.
Tom. 1. Conc. Gall. p. 27.
Can. 1.
Tom. 1. Conc Gall. p. 490.
Tom. 4. Concil. p. 640.
••••b 4. de Vit. Const. ••. 24. & l. 1. c. 44.
Euseb. Hist. Eccles. l. 6. c. ••.
Id. ib. l. 7. c. ••2. p. 288.
Tom. ••. Cone Gal. Ann. 862. p. 87, 88
Apud Beaureg. Annot. in Can. A∣post. To. 2. Pandect. p. 37.
Tom. 1. Conc. pag. 235.
Tom. 1. Conc Gal. pag. 19.
Ib. p. 180.
Tom. 3. Concil. pa. 817. c 10.
Can. 13. Can. 22.
Tom. 3. Concil. pag. 757.
Lib 9 c. 17 & lib. 1••. c. 25.
Tom. 1. Conc. Gall. p. 280.
Great Beard.
Ep. 80.
Ep. Can. 2. Cap. 34.
Ersel. Hist. l. 7. c. 30.
Secrat. Hist. Ec∣cles. lib. 1. c. 6. p. 13. ult. Edit. Pag. 27. Paris. 1598.
Lib. 4. c. 9.
Tom. 3. Concil. p. 468.
Tom. 3. Concil. p. 817. c. 10.
Tom. 2. Conc. Gall. p. 4.
L. 3. c. 10. Paris. 1608.
Tom. 2. Conc. Gall. p. 152. c. 72. Ib p. 215. c. 19, 20.
Ib. p. 308. Can. 3.
Ib. lib. 3. p. 549. Can. 12.
Tom. 3. Conc. Gall. p. 41, 42. Can. 35.
Ib. p. 104.
Collect. Rom. Part 2. p. 43, 89.
Tom. 7. Concil. part 2. p. 660.
In 1 Tim. 5. 1, 2. apud. Ambrose Tom. 3. p. 582.
Seniores & Praepo∣siti. Apud Cy∣pri. pag. 144. Optat. l. 1. p. 41. Par. 1631.
Pag. 268.
Pag. 276. Inst.
Tom. 7. Pag. 191. c. 56. Tom. 2. p. 250.
Tom 8. in Psal. 36. Conc. 2. p. 119. Extr.
Tom. 2. lib. ••1. Ind. 6 Ep. 49. p. 1083
Hib. l. 1••. c. 16.
Lib. de Jure Sa∣cerd. pag. 135. Tom. 2.
Acts 1.
1 Tim. 3.
Lib. 3. pag. 142. of Cambridge Edit. 1658
Apolog. c. 39.
Fascicul. rer. Expet. & fug fol. 32. vers. Coloniae 1535.
Apolog. 2. pag. 99.
Cap. 39.
Apud Eu∣seb. Hist. lib 6. c. 43. p. 244.
Act. 21.8.
Ibid.
Ubi supra.
Apolog. 2.
De Coron. c 3 p. 102.
Tom. 1. Conc. Gall. Ibid.
Can. 18.
Tom. 2. Conc. Gall. c. 47. p. 146.
Aug. Tom. 1. p. 13.
Can. 85, & 101. Tom. 1. Concil. p. 730.
Tom. 1. Conc. Gall. p. 332.
Tom. 2. Conc. Gal. pag. 297, 298, 302.
Ib. p. 271.
Pag 324. c. 11.
Tom. 5. Concil. p. 327.
Cap. 9. Litt. A. p. 94.
Tom. 1. p. 102.
Dial. de Pereg.
Ubi supra.
Apolog. p. 98.
Conc. E∣phes. p. 2. Act. 1. Tom. 2. Con. p. 264, 265 Catch. Acts. Tom. 3. p. 131.
1 Cor. 6.
Apolog. cap. 39.
Epist. Ca∣non. cap. 8.
Chap. 3. Art. 3.
Orig. Hom. 7. in Jos. pa. 185. l. 1. Aug. Ser. 16. de Verb. Do. c. 7 Tom. 10.
Hom. 7. in Jos. & 21. & 2. in Jud. Tom. 1. & in Mat Trac. 35. To. 2.
Can. 5, & 6.
Hom. 50.
Tom. 10. Cap. 7.
Tom. 3.
Tom. 2. Bibl. Patr.
Can. 31. Tom. 1. Conc pag. 711.
Tom 2. pag. 238.
Lib. 6. pag. 134, 135.
Matt. 18.17.
Ep. 28.38, 55, 62 of the last Edit.
Hom. in Jos. Tom. 1. p. 185.
See the Can. 8, & 17. of the Counc. of Calced.
Tom. 1. Conc. p. 232, 236. Tom. 1. Conc. Gall. p. 8.
Paran. ad Poen. Tom. 3. Bib. Pat. pag. 71.
Cypr. Ep. 52. cum 14, & 31.
Tom. Conc. Gall. p. 164.
See 4 Conc. of Carth. Can. 80. Tom. 1. Conc. Tole∣tan. 3. c. 11. Tom. 4. p. 504. An. 589.
Tom. 1. Conc. Gall. p. 71.
Tom. 1. Concil. p. 730.
Ep. 2. Can. 34. Tom. 3. p. 32.
Apud Epi∣phan. Pe∣tau. Haer. 42. p. 303.
Ep. 71. p. 121. ult. Edit.
Tom. 1. Conc Gal. p. 254. Ib. p. 480.
Tom. 1. Co••il. p. 113••.
Ubi supra. p. 30.
Ib. p. 110.
De Coron. c. 13.
In Append. T••. 8.
To. 2. Auct. Court f. p. 696.
In Collect. Rom. Part 1. p. 227.
Tom. 4. Conc. p. 405.
Tom. 1. Conc. Gall.
Ap••d Cypr. contral p. Steph. pag. 144.
Euseb. Hist. lib. 7. c. 27, 28, 29.
Apud Cypr. contr. Ep. Steph. p. 146.
Tom conc. Gal. p. 69. Ibid. p. 74.
Ibid. p. 173. Ib. p. 268, 284.
A••d. Euseb. l. ••. c. 30.
Hist. l. 7. cap. 27, 28, 29.
Ep ad E∣p••••. Pri∣vine. Vi∣ennees Tom. 1. Conc. Gall. p. 85.
P••••d. p. 27, 28.
Tom. 4. Conc. p. 820.
Tom. 1. Conc. Gall. p. 105.
pag. 521.
Tom. 4. Conc. p. 583.
Tom. 5. Conc. p. 430.
Tom. 2. capit c. 7. p. 23. Edit. Ba∣lux. 1677
Tom. 1. Conc. Gall. p. 27.
Tom. 1. Conc. p. 710.
Tom. 4. Conc. p. 493. & 56.
Cod. A∣tric. can. 〈◊〉〈◊〉.
T••m. 4. Conc. p. 582.
Tom. 1. Conc. Gall. p. 74.
Hist. lib. 7. cap. 27, 30.0.
〈◊〉〈◊〉 Afri∣can. p. 402, 403, 404
To. 1. conc. pag. 660. Tom 2. pag. 240. Tom. 3. pag. 337, 338 339.
Tom. 4. conc. pag. 583.
Ibid. pag 756, 757.
Tom. 4. conc. pag. 756, 757.
Tom. 1. pag. 910. an. 397.
Tom. 4. conc. pag. 583. 826.
Ib. p. 802.
Tom. 6. pag. 161.
Col. 3.16. See Eph. 5.19.
Lib. 10. Ep. 97.
Ap••d Al∣la••••um de lib. Graee. pag. 61.
cap. 2. p. 545.
Ibid cap. 13. p. 551 Extr.
can. 27. Tom. 1. conc. Gal. p. 199.
can. 55.
Pag. 351.
Epist. ad Ampluit. can. 1. To. 3. p. 21.
cap. 17. p. 231.
pag. 1059 1060.
Tom. 1. conc. can. 〈…〉〈…〉.
Math. 28.19.
In cap. 28. Mat. Tom. 6. pag. 66.
Tom. 5. Spirit. pag. 203.
Epist. 104, 105.
An 1579 Tom. 9. Conc. pag. 6.6.
Tom. 12. Bibl. Pat. p. 527. cum 531, 532.
Hist. lib. 6. cap. 17
Tom. 4. Conc. pag. 593.
Ib. p. 603;
Hist. Go∣thor. in si se buto.
cap. 24.28.
p. 82. G. Par. 1544
Pag. 82. G Paris. 1544.
Ib. p. 84.
Tom. 1. p 855.
pag. 388.
Hist. lib. 3. cap. 25. 〈◊〉〈◊〉.
Lib. 9. tit. 16. de Males. & Ma••••em.
Tom. 5. Conc. pag. 11.
Tom. 3. Gonc. p. 488.
Collect. part 2. pag. 179. cap. 7.
Tom. 5. Conc. pag. 339.
Tom 5. Conc. p. 517.
Tom. 2. Conc. Gal. p. 152. Ibid. pag. 30.
Tom. 16. Bibl. Pal. pag. 674.
Tom. 3. Conc. Gal. Can. 48. p. 45, Tom. 1. Conc. Gal. c. 1••. pag. 566.
Tom. 2. cap. 2. & 7. p. 215, 216. 217, 361. Paris 1644.
Tom. 3. Conc. Gall. p. 526.
Tom. 3. Conc. Gall. cap. 55. pag. 113.
Ibid. pag. 526.
Tom. 9. Conc. pag. 548. and 615.
Tom. 2. Conc. Gall. pag. 487. and 521.
163 de Temp.
Tom. 9. Conc. pag 453.
Tom. 2. cap. 7. p. 361, 362.
Tom. 1. Spicil. pag. 19.
Tom. 9. Conc. pag 453.
Tom. 5. Spicil. pag. 212.
Tom. 4. Conc. pag. 109.
Pag. 340. Par. 1647
Tom. 9. Conc. pag. 616.
In illud fi∣•••••• 〈◊〉〈◊〉 reg. Caesor. Patrisam. Tom. 6. p. ••••0.
Ep. 59. pag. 95.
Tom. 1. conc. c. 2. pag. 689.
Tom. 3. conc. pag. 806.
Tom. 2. pag. 360, 361.
Orat. 40. p. 658. To. 1.
Tom. 2. cap. 2.
pag. 216. pag. 341.342. Tom. 9. conc. pag. 412. cap. 2. de re∣form. Matrim.
Ibid. p. 453.
Ibid. p. 548, 549, 674.
Tom. 1. pag. 93.
Pag. 344. Par. 1647
Pag. 1151 Par. 1617
Lib. 7. c. 9.
Apad Cypri. Ep. 75. pag. 147.
Tom. 1. conc. Gal. pag. 6.
Pag. 86. Par 1631
Pag. 73.
Hom. 21. Tom. 5. pag. 312.
In 4 Cor. 11.
Orig. l. 20. pag. 132.
pag. 93. cum. 97.
Part. 1. c. 11.
Apol. 1. p. 97, 98.
Lib. 2. c. 51.
Pag. 601, 602.
Apud. Euseb. l. 6. c. 44.
Apol. 1. pag. 97.
Strom. lib. 1. pag. 271.
Euchol. p. 83.
Apol. 1. pag. 97.
lio. de Coron. c. 3.
Lib. 2. cap. 59.
Tom. 5. Conc. pag. 344.
Apol. 1. pag. 97.
Tom. 1. Conc. Gall. cap. 21. p. 165.
Tom. 2. cap. 9. pag. 157.
Ibid. cap. 45.46. p. 223
Can. 14. p. 71.
Tom. 8. Spicil. c. 73. pag. 27.
pag. 94.
Tom. 9. Co••c. p. 382.
Ib. p. 40••.
••••. p. 453, 517, 549.
Ib. c. 44. pag. 223.
Tom. 3. p. 33.
Tom. 1. Conc. Gall. p. 265 Ib. p. 316 pag. 5••4.
pag. 391.
Tom. 9. Conc. p. 411.
pag. 392.
pag. 823.
Tom. 11. Spicil. p. 205.
Tom. 9. Conc. p 633.
Pseudo∣isid. pag. 676.
Tom. 2. conc. Gal. p. 5.
Ibid. p. 15
Ibid. p. 43
Tom. 8. Spicil. p. 113. ad 118.
Tom. 9. conc. pag. 412.
Lib. 5. Cod. Just. tit. 4. cap. 26.
Pag. 68, 59. Lett. ••. c. 9.
Cap. 27. q. 2.
Tom. 7. conc. pag. 692.
cap. 27. q. 2.
Ep. 1. ad Bonifac. Tom. 5. Conc. pag. 497.
To. 5. p. 306, 307.
Collect. Rom. p. 2. pag. 46. & 94.
Tom. 2. Conc. Gall. p. 5.
Can. 39. Tom. 3. & in Pan∣dect. Graec.
Tom. 2. pag. 97.
Tom. 7. Conc. c. 71. p. 157
Tom. 2. conc. Gall. c. 17. pag. 4.
Ibid. c. 2. pag. 14.
Ep. 9. ad Bonif. c. 2. l. 1. conc. Gall. pag. 519.
Tom. 3. conc. Gall. pag. 673.
Tit. 1 de Sponsal. cap. 27.
Tom. 7. conc. cap. 51. p. 818
pag. 217, 221, 222.
Ib. p. 255. Tom. 9. conc. pag. 411. Decret. de refor. Matrim. cap. 1.
Can. 2. pag. 801.
Tom. 3. conc. Gal. pag. 116. Tom. 7. conc. pag. 818.
Tom. 9. conc, pag. 590.
Tom. 1. conc. pag. 234.
Let. G. c. 12.
Tom. 1. conc. Gall. pag. 231. 242.
Tom. 1 p 239, 240.
Tom. 2. p. 1071.
pag. 232.
Lic. G. c. 4.
Tom. 3. Conc. Gall. cap. 41. p 113 Tom. 2. Bibl. Jur. Can. Just. p. 1075. ad 1078. Litt. B. c. 8. & G. c. 4.
Tom. 1. Conc. & Ann. 358 pag. 728. Tom. 3.
pag. 286.
Tom. 2. p. 681. Par. 1614
pag. 817.
Tom. 7. pag. 33.
Litt. G. c. 4. pag. 62.
Tom. 9. Conc. Dec. 27. pag. 500. Ibid. pag. 684.
Tom. 9. Conc. pag. 412.
Ibid. p. 480, 481, 590.
Tom. 6•• p. 358.
Tom. 2. Biol. Sal. p. 168.
pag. 365.
Tom. 2. p. 255.
Sess. 24. cap. 7.
Ep. 49. p. 110.
Ep. 29. pag. 54.
Ep. 11. p. 28.
Tom 10. p 633.
Tom. 1. Conc. Gall. p. 105. Tom. 1. Conc. Gall. p. 6.
Tom. 1. Gall. p. 138.
pag. 349.
Tom. 1. Conc. Gall. p. 166.
Lib. 4. c. 5.
pag. 62.
ca. 32. c. 7. Conc. Concn∣bai••ii.
Binchard. lib. 19. c. 5. Enq.
Lib. 4. dist. 34.
Tom. 2. Conc. Gall. p. 2.
Ib. Can. 8. p. 43.
Ibid. p••g. 92.
Let. G. c. 13. pag. 73, 74.
Hist. of the Coun∣cil of Trent by P. Saovo. lib. 8. pag. 920, 921.
Apud Marcam de conc. li. 4. c. 14. pag. 282.
Tom. 1. conc. Gal. pag. 3.
Ubi supra 42, 43, 44
Ib. can. 2.9.
Contr. Marc. l. 4. c. 34.
Lib. 6. Divin. In∣stit. orat. 31. p. 501
Hom. 19. pag. 484, 485.
Serm. 9. Legib. l. 4 pag. 619.
Ib. p. 620.
An. 879. pag. 491.
Can. 31.36.4.3. pag. 32.
Ep. 79. c. 1, 2, 3, 4. pag, 148, 149.
Can. 113.4. q. Spi∣cil. p. 62.
Tom. 5. conc. pag. 347.
Tom. 1. conc. Gall. pag. 150. & Tom. 2. pag. 2.
L. 7. Ind. 2 Epist. 6. Tom. 2. Spicil. pag. 548.
Can. 53.
Pag. 818.
Cap. 112, 114. pag. 115.
Tom. 4. conc. pag. 507.
Tom. 1. conc. pag. 915.
Lib. 6. pag. 127. Par. 1669
Tom. 1. Conc. pag. 710.
Ib. p. 730.
Ib. c. 28. pag. 915.
Tom. 5. Conc. pag. 337.
••ib. 2. de Bapt. c. 3. Tom. 7. p. 40.