Rochester Lib. 3. Cap. 20. alone of himself Consecrated two Arch-Bishops of Canterbury 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 being to be an example to their flock in word and conversation 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 without 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 * Ep. 67. ult Edit 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 Ordination made by the consent and approbation of all may be just and legitimate * Id. Ep. 33. And elswhere he saith to the people That he is wont to advise with them when he is about to Ordain any Clerk to the end they may examin and try altogether the life and good qualities of each one Saint Basil complaining of the relaxation of Discipline T. 3. Ep. 181. Paris 1638. 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 carry'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 throughout all his Diocess that he will have the Church purg'd of all those that were enter'd into it by any other manner 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 Employments 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 Fathers and in the Pandect of the Cannons Printed at Oxford of late years there is a Canonical Epistle of Theophilus 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 P. 236. Paris 1642. the Bishop is to signifie to the People the Names of those which are to be chosen to the end that if any there present 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 assembled 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 Cap. 1. the manner of Ordination that is to say that he requires 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 Ministry of the Church whereof I shall speak on the tenth Article Aelius Lampri in Alex. Sev. that he would have it be put in practice in establishing 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 L. 1. c. 9. 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 Nicetas in the Life of St. Ignatius Patriarch of Constantinople in the IX Century which is contain'd in the Preliminaries of the eighth Council of Constantinople which the Latins hold for Oecumenical but is rejected by the Greeks Tom. 6. Concil pa. 872. Nicetas observes that several were named to sill the vacant Chair and that St. Ignatius was preferred before the rest V. 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 therein 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 understands it so far as to make choice of good Books for the better 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 representing 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 CONFORMITY After what I have hitherto said it cannot
Election of the Clergy I proceed on farther and I say the same practice was observ'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 Ubi supra p. 613. 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 before whereof there is mention made in the 18th Chapter 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 about Elections in the Council of Lyons in the year 1274 Tom. 7. Concil p. 885. ad 887. saith nothing at all of the suffrage of the People altho he speaks several times in general terms of those which do elect VII 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 CONFORMITY 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 inclination they had to it before according to which the third Council of Orleance assembled Anno Dom. 538. discharges the Pastors which were chosen into Orders by force or against their will it discharges them from their Employment without debarring them from the Communion Can. 7. t. 1. Conc. Gal. p. 250. 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 Ecclesiastical History VIII The Election of Ministers shall be confirm'd by Prayers and the Imposition of hands nevertheless in avoiding all superstition according to the form which follows The manner of the Imposition of hands commonly observed 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 appointed 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 't is 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 wouldest 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 supplying 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 Ministry 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 Colloque shall in presence of all the people give him the hand of fellowship and let this Form with the direction abovesaid be generally observed in all the Churches CONFORMITY 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 excellency of the Ministry and of the duties of this weighty 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 into Pastors an ardent zeal and a sincere affection in performing 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 signify'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 several things about which he will have him examin'd which is to be establish'd in the Ministry Tom. 1. Concil p. 727. 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 Constitutions under the Apostles Names and in the Roman Pontificial and in the XI Chap. of the second Book of Durandus 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
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 Confession of thy most Holy Faith and of the hope thou hast caused to spring in his Soul enabling him to present himself 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 Regeneration 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 sanctifie 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 honouring him with the Adoption of thy Children Enable him to offer unto thee during the whole course of his Life the Obedience 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 Ordinance may produce its Fruit and Vertue as 't is 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 Father 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 Ministry 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 CONFORMITY 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 afterwards 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 never left himself without Witness and has manifested himself to Men not only by his Works but also by Revelation of his Will contained in the Holy Scriptures of the Old and New Testament Tom. 1. pag. 93. 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 administration 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 't was a Jewish Proselite he was obliged before Baptisme to renounce particularly all legal Ceremonies to the Ancient Material and Typical Worship 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 Moreover they were to make open profession to believe in God the Father Son and Holy Ghost Holy Consubstantial 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 Proselites Pag. 344. Par. 1647 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 Trinity I believe the Mistery of the Incarnation and the coming 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
that the band of Marriage may be broke by reason of Adultery nevertheless 't is the Doctrine of Jesus Christ who formally declares in the Gospel That 't is only for Adultery that Marriage may be dissolv'd as well to the Bed as the Obligation I know St. Austin and some others have found difficulty in the explication of the Words of our Saviour and that they could not fully resolve to explain them in the manner I just now mention'd at least St. Austin confesses in several places of his Writings That the Question concerning the Dissolving of Marriages for cause of Adultery is very obscure and difficult and is what made him write on this matter things which would seem contradictory if one did not distinguish the times wherein he applied himself to write on this question For it is most certain in what he wrote before the 2d Council of Mileva which was held in the year of our Lord 416. he appear'd unresolv'd and undetermin'd finding great difficulties obstructions almost impassible and depths not easily to be fathomed those that will please to take the pains to see what he writes in the 3d Chapter of his Book against Adimentius in the 7th of the Book touching the Comfort of Marriage in the 8th and 25th Chapters of the 1st Book of Adulterous Marriages that is to say of Marriages dishonoured by Adultery and joyn to these Testimonies which are in the 6th Tome those others which are in the 4th to wit The 19th Chapter of the Book of Faith and Works the last Question of the Book of 83 Questions and the 16th Chapter of the first Book of the Sermon of our Lord on the Mount those I say which will take the pains to read all these places which I have instanc'd will agree to the irresolution and trouble St. Austin was in on the subject now spoke of and especially if they consider the sincere Confession which he makes in one of the places I have cited Having saith he Lib. 1. de Adult Conjug cap 25. Tom. 6. thus Treated and Examin'd these things according to my capacity I am not ignorant that the Question touching Marriages is very obscure and difficult and I do not dare to say that I have yet explained in this Work nor that I am able if you press me to resolve hereafter in any other all the difficulties which accompany it He confesses the same thing Lib. 2. Retract cap. 57. Tom. 1. although in terms a little different in recalling the Books wherein is found the Testimony which justifies what I have alledged of his doubtfulness and declares with his usual humility That he don't think to have given to this Matter all the clearness it requires After this Council of Mileva this Holy Doctor wrote several Treatises wherein he explains himself more fully than he had done in the others for instance In the 19th Chapter of the first Book of Retractaions he saith That 't is out of doubt that one may leave his Wife for the Fornication which is committed in Adultery In his 89th Letter to Hillarius Quest 4. He confesses That by the Laws of Jesus Christ Tom. 2. it is not permitted to leave one's Wife but for the cause of Adultery and that Jesus Christ forbid to put her away for any other Cause but for Adultery And in the 9th Treatise upon St. John It is permitted to put away the Wife for the cause of Adultery Tom. 9. because she has first refused to be a Wife in not keeping her vow of Wedlock to her Husband To judge of the mind of St. Austin by these latter Testimonies which are more formal and positive than the former it may be concluded That he believed having well examin'd the matter that the band of Marriage was broke by Adultery Nevertheless because that in the other writings he could not satisfy himself nor clear all their difficulties wherewith this question seem'd to be always incumbred I would not make use of His Authority for Establishing the Conformity of our Discipline with that of the Primitive Christians This Council of Mileva above-mention'd forbids in the 17th of its Canons which is the 102. in the African Code it forbids him that is repudiated by his Wife and to the Woman put off by the Husband to re-marry themselves to any one else and enjoyns them to live single or to be reconcil'd again threatning to put them into the number of Penitents if they disobey this Decree which the Fathers of the Synod pretend to be conformable to the Evangelical and Apostolical Discipline But in the first place they do not declare whether they speak of a separation occasion'd by Adultery or by some other cause for the which Jesus Christ don't permit of Separation Secondly The Conduct of St. Austin who assisted at this Council makes me suppose that either the Fathers of Mileva spake of Divorces besides for the Cause of Adultery or at least if they regarded Divorces grounded upon Adultery St. Austin did not forbear Writing after the Convocation of this Assembly That 't is permitted to put away the Wife for the matter of Adultery Thirdly When the Council it self with some other Doctors should more fully explain themselves and that they should have formally condemn'd the second Marriage of those which had been put away for Adultery it would not from thence follow that I have not made appear that our Discipline does not suffer in this occasion only what the Ancient Christian Discipline of the Church suffered seeing I have proved it by the Canons of divers Councils by the Decrees of some Popes in their Synods and by the practice of all the Greek Church a practice which the Council of Trent dared not to condemn after the Remonstrances made by the Ambassador of Venice And yet farther It is what a famous Doctor of the Communion of Rome has fully justified without thinking of us nor the innocency of our Conduct on the point in Controversy in a Book which he published two or three years ago touching the power of Kings and Sovereigns over Marriages for in the 3d Part Art 1. Chap. 5. he hath at large represented to the Reader the Tradition of the Church on the matter of Marriages occasion'd by Adultery whereas I have contented my self to relate in my Work what is most definitive in the Tradition and least of all subject to Controversy and Contestation Whatever's the matter after so many explanations there is hope to believe That Men will not for the future cry so much against this Article of our Discipline which has given occasion to our Enemies to accuse us of favouring Vice and Libertinisme I could if it were needful mention other Cavils of some lesser Disputers against the Holiness of our Ecclesiastical Laws which they have spoke very injuriously of as if they were directly contrary to the Rules of the first Christians and as if those which made them had taken pleasure quite to forsake its use and
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 satisfied 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 acceptable It is a kind of Wedlock which requires the reciprocal liking of both Parties Tom. 1. Orat. 8. p. 148. Paris 1630. There is nothing more firm and profitable said to this purpose Gregory Nazianzen 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 't was 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 provide 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 partake 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 convenient 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 Apostles 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 Establishment Tom. 1. Conc. Gall. p. 57. 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 Thessalonica p. 84. c. 5. Lyon 1652. 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 Ibid. The 8th Canon contained in terms no less strong than that of Orleans There would never be an end should one undertake to cite all the Testimonies of the Ancients touching the part Believers had in Election of their Conducters for besides what I have hitherto writ there are a great many proofs of this Truth For instance L. 6. c. 43. p. 245. That which is said by Cornelius Bishop of Rome in Eusebius of the Ordination of Novatian unto the Office of Priest for 't is 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 Apud Theodor. l. 1. c. 9. Ibid. 1.20 p. 50. in the Letter which they wrote to the Church of Alexandria The Emperor Constantine writing to those of Nicomedia he says That 't is 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 Tom. 3. Concil p. 410. 462. 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 Ecclesiastical History the 15th of the 5th Book of that of Socrates 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 beholding to the care of Mr. Baluze Pa. 254 c. This excellent Writer 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 People 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 afterwards Bishop of Lisieuz against Gerrard Bishop of Angouleme Tom. 2. p. 343 363. 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
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 CONFORMITY 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 convenient 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 purpose 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. P. 3. Paris 1666. and bears the Name in the Supplement of the Councils of France St. Austin even to his Death was the Pen of Africa against the Enemies of the Church particularly against the Donatists and Pelagians and St. Fulgentius 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 Sardegnia 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 Modesty Sobriety and Decorum prescribed by our Discipline 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 Bishop of Caillari against the Emperor Constantius in the Library of the Fathers Tom. 9. of the Edition of Paris 1644. XVI Ministers should not pretend Precedency one over the other CONFORMITY 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 Govern'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 Election so that to avoid Schisms and Divisions one of the Company was chose to whom Election gave the precedency 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 promotion 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 Discipline 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 observed amongst the Clergy except 't was in the Power of Metropolitans over the Bishops of their Provinces and also it was a very limitted Power seeing it consisted only in the right of calling the Synods of their Provinces to preside and to take notice of all Ecclesiastical 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 speaking 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 Ep. 207 To. 2. 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 Deacon Forran it is observed Chap. 20. That in the Assemblies 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 Ordain'd to be Bishop Tom. 4. Conc. p. 422. 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 Ibid. p. 581. Page 408. It is the Reason that in Africa one was enjoyn'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 Apud Bedan Hist l. 4. c. 5. Let no Bishop prefer himself before another through ambition but let every one know the Time and Order of their Ordination XVII 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 CONFORMITY 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 XVIII Heed shall be taken to avoid the Custom practis'd in some places of deputing certain Ministers by the Provincial Synods to visit Churches the Order hitherto used being sufficient to have cognisance
our Lord 506. Tom. 1. Conc. Gall. Can. 21. p. 165. the Council of Agde in Languedoc made a Decree which in some sort refers to this Settlement for it suffers those who for the convenience 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 Parishes excommunicating the Church-men that shall serve in those Oratories if they attempt any thing against this Decree Collect. Rom. part 2. c. 41. p. 132. 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. Exhorts 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 Tom. 1 p. 134 135 Paris 1666. 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 Pag. 121. and 't was 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 contained 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 called Acephales Pag. 444. and those which have them in their Families are warn'd not to entertain any but such as have been examin'd by the Bishops Pope Vrban the IId in the 9th Canon of the Council which he held at Melphes Tom. 7. Conc. p. 504. in the Year 1090. says near hand the same thing and makes such another Decree XXII 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 CONFORMITY 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 Antioch in the Year 341. which forbids Priests and Deacons and all those of the Clergy to abandon their Churches to go unto others suspending from the Ministry 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 Can. 10 20. 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 XXIII 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 CONFORMITY 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 restor'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 XXIV Ministers shall not be Vagabonds and shall not have liberty of their own free Authority to intrude themselves where they please CONFORMITY The Council of Ancyra in the Year 314. made a Decree which was very conformable to this of our Discipline If those which have been orduin'd Bishops saith he Can. 18. 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 't is sit they should be depriv'd of the honour of the Preshytery Tom. 1. Conc Gal. p. 126. Câ—n. 11. and intirelâ—d pos'd The Ist Council of Tâ—â—rs assembled Ann 46. requires that he be excommunicated from the Clergy which forsakes his Church without the Bishops permission to settle himself in any other place Ibid. p. 138. c. 5. 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 whether 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 oblige them to return to their own XXV 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 reason 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 CONFORMITY We formerly observ'd on the 18th Article that a Bishop 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 proved 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
condemns all Simoniacal Ordinations and deposes as well him which gives as he which takes Ordination for Money and serves no better 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 money be deposed with him that gave him Imposition of Hands and debar'd from the Communion There 's an infinite 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 favour of great men whose credit and recommendation may contribute to the promotion of some one these contrivances I say are forbid by the ancient Discipline 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 Tom. 3. Concil pag. 757. Pope Hormisda in his 25th Letter to the Bishops of Spain follows the steps of these two Illustrious Writers 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 Quality so 't is 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 Lib 9 c. 17 lib. 1â— c. 25. 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 Communion with all those that are concern'd with him Tom. 1. Conc. Gall. p. 280. 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 Ecclesiastical 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 guilty 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 't is 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 Excommunicated As for deserting their flocks by Pastors forsaking them without license it is punished by the same punishment 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 against the Ecclesiastical order and with a disregard of Caveats 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 contempt 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 contrary to Justice and Piety if he makes Assemblies apart 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 separating himself from the Church makes a Congregation apart and raises an Altar and refuses to hearken 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 remedy 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 Canstantinople 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 himself from the holy Oecumenical Synod has or shall adhere to the Council and Assembly of Apostacy and Rebellion and moreover declares him incapable of exercising any Office subjects him to all the Bishops of the Province and to all the Neighbouring Metropolitans 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 Remonstrances 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 Summons 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 before 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 Constantinople by the Emperor Constantine Pogonat or the * Great Beard Hairy and it may be said 't was 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 accused the Bishops shall summon
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 Maurentius its Bishop and that nevertheless the Elders deputed 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 conjuncture 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 Elders 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 Tom. 2. lib. â—1 Ind. 6 Ep. 49. p. 1083 and recommends two things to him one was To establish 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 observed in France In effect Gregory of Tours has transmitted to us the Letter of an Assembly of Bishops held at Poictiers by the King's Command to take course about the disorders of the Monastry of St. Radegonda Hib. l. 1â— c. 16. 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 Elders And in the year 585. King Goutran makes express mention of the Elders of the Church which he distinguishes 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 Bishop of Lions in the ninth Century might design these same Elders Lib. de Jure Sacerd pag. 135. Tom. 2. 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 Establishment I examin distinguishes the places where the Discipline 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 approbation of the People the nomination made in the Consistory 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 depends the Establishing of Elders and Deacons amongst us And herein our Discipline has Religiously followed the practice of the holy Apostles who referred to the liberty of the People the Election of the Seven Deacons the History whereof is mentioned by St. Luke in the 6th Chap. of the Acts. And 't is 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 Acts 1. who by common consent was added to the Number of the Eleven Apostles and when they Ordained ordinary Pastors doubtless they did it by the advice of the Assemblies of the People to the conduct of whom they intended to commit them Which example the succeeding Christians imitated 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 Primitive Christians in short if in the first Ages of Christianity the People had a good share in the Vocation of Ministers of greater reason had they in Establishing 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 partake with them of the conduct of the same Flocks II. 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 according 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 CONFORMITY Having established as we have done the first Article this has no difficulty in it for St. Paul requires 1 Tim. 3. 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 Religions which Tertullian represents very well to his Wife in the Second Book he wrote to her III. 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 according to the circumstance
before as appears by his 55 Letter Theodoret speaks the same in his 86 Epistle in the Third Volumne of his Works and 't is 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 Communion and some others whom they had Excommunicated Read what is related by Zozomen in the VIII Chapter of the Third Book of his Ecclesiastical History 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 't is 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 divided after the Example of the Empire into several Ecclesiastical Diocesses each of which comprehended several Provinces the whole extent of a Bishops Jurisdiction how great soever it was made but one Ecclesiastical 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 't was 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 Cannon of Nice which confirms to the Bishop of Alexandria 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 Province 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 Metropolitans had over the Bishopâ— 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 Universal Council of Constantinople began to Establish or it may be but to One Musoâ—â—â—s in the Council of Rimini as St. Jerom testifies in his Dialogue against the Luciferians 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 Council of Toledo in the year 675 ordained in the First Cannon Tom. 4. Conc. p. 820. the same Observations which the Authors of our Discipline here prescribes not forgetting those which derogate from the Laws VIII 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 CONFORMITY 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 Advice of the Elders and Firmiâ—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 important Affairs IX What shall be concluded upon by Provincial Synods for ordering the Churches of their Province shall be communicated to the National Synod CONFORMITY The 95th Cannon of the Code of Africa has a Constitution 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 't is most certain that what regards all the Churches of a Province ought to be put in the Rank of General Affairs the Decision whereof appertains to a National Synod X. Because several Persons to the end to decline or delay the sensure of their faults appeal from one Ecclesiastical Assembly 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 concern 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 CONFORMITY 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 Constantinople 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. XI If there should happen a difference betwixt two Provincial Synods they must pitch on a third to reconcile them CONFORMITY 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 declaring 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 concluded upon with the Bishops of the Province It 's true this Cannon don't speak of differences which two Provincial Synods might have together But seeing the Council allows to call Neighbouring Bishops when those of the Province are at variance about a
humility of his heart and of the Homage he owes to Almighty God unless some may be hinder'd to do it by sickness or otherwise the Judgment whereof shall be left to his own constancy CONFORMITY The Ancient Christians were wont to kneel at Prayers 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 Whitsontide It is a time of Joy and Victory during which saith he we do not bend the knee and do not prostrate towards the Earth Tom. 6. pag. 161. 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 't was betwixt Easter and Whitsontide St. Luke observes also in the 21 chap. verse the 5th of the same Book of Acts that the Apostle departing from Tyre about the same time being accompany'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 manner 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 because 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 practis'd in Christian Assemblies St. Paul recommends it to the Colossians in these terms Col. 3.16 See Eph. 5.19 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 Persecution he observes amongst other things Lib. 10. Ep. 97. that they sang Hymns to Jesus Christ as to a God Tertullian makes mention 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 comfortable and saving that it has ever been practis'd without 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 Apâ—d Allaâ—â—um de lib. Graee pag. 61. and they are oftner read than the Writings of the Prophets or any other sacred Monuments II. 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 Sermon and also during the time of celebrating the Sacraments CONFORMITY 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 Ordinance 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 III. In times of great Persecution or of Plague War Famine 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 consideration 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 CONFORMITY Tertullian being turn'd Montanist and by consequence an Enemy of Catholicks and the Orthodox cap. 2. p. 545. whom he treats injuriously and after an unchristian manner Tertullian 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 Ibid cap. 13. p. 551 Extr. and that it is in fear of some evil that threatens 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 Apostles have not prescrib'd in any place of the New Testament on what dayes one should or should not fast as St. Austin has observ'd in his 86 Epistle to Casulanus IV. Those Churches which have been accustom'd to make publick Prayers on certain dayes may keep the order they have for a long time happily used and others may conform thereunto according to the means which God shall please hereafter to give them and as their Edification shall require CONFORMITY This Article has no other Scope but to establish an intire Conformity in the Churches as to what regards the Exercises of Piety and Religion can 27. Tom. 1. conc Gal. p. 199. 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 can 55. 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 singing of Psalms should be observ'd V. There shall no Prayer or Sermon nor publick Alms be given at Burials to shun Superstitions and those which accompany 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 CONFORMITY All pretence towards superstition whereunto Men are too apt to incline is in this Article endeavour'd to be avoided VI. 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 Vanity and Superstition CONFORMITY This last Article prescribes Modesty and excludes Hycoprisie and Ambition which were generously opposed by the Primitive Christians CHAP. XI Of BAPTISME ARTICLE I. BAptism administred by one that has no Vocation is absolutely Void CONFORMITY 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 confesses 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 Pag. 351. and others which taught that all those ought to be Re-Baptis'd which had been Baptis'd by Hereticks he saith Epist ad Ampluit can 1. To. 3. p. 21. 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 cap. 17. p. 231. 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 Collyridians which is the 79 in order inlarges much in proving the same thing to stop the rashness of Women who would undertake to Baptise pag. 1059 1060. 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 Decree Anno 398 That a Woman should not presume to Baptise It is not then to be wonder'd that St. Epiphanius in the forty two Heresie observes as a thing blameable Tom. 1. conc can 〈…〉 That the Arch-Heretick Marcion permitted Women to Baptise II. A Doctor in the Church cannot Preach nor administer the Sacraments unless he be both Doctor and Minister CONFORMITY 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 III. 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 Confession CONFORMITY There 's nothing in this Establishment but what was practis'd in the Antient Church St. Justin Martyr testifies 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 conformable 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 Confession of it The Ten Books of Recognitions falsly attributed 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 Apostles Math. 28.19 Go teach all Nations baptising them in the name of the Father of the Son and of the Holy Ghost St. Jerom observes In cap. 28. Mat. Tom. 6. pag. 66. 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 Tom. 5. Spirit pag. 203. 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 Ecclesiastical History of England Theodulph Bishop of Orleans follows the same method in his 1 chap. of his Treatise of Baptism Epist 104 105. 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 Mâ—llan of which place he was Arch Bishop An 1579 Tom. 9. Conc. pag. 6.6 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 Tom. 12. Bibl. Pat. p. 527. cum 531 532. 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. IV. The Children of Fathers and Mothers of the Romish Church and of Excommunicate Persons cannot be admittisme 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 CONFORMITY 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 Hist lib. 6. cap. 17 King Chilperick 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 Virgilius 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 Tom. 4. Conc. pag. 593. 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 forced 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 Ib. p. 603 And 't is to be observ'd that the Ordinance of this Prince comprehended Children Hist Gothor in si se buto 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 according to Knowledge And we have already seen on the precedent 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 beginning of the former the misfortune of that People which as he saith often lost the Sacrament of Baptisme because 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 voluntary and not forced that a Man cannot be forced to believe 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 Instructions 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 Apostles 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 cap. 24.28 Tertullian in his Appollogetick declares positively that the Liberty of Religion cannot be taken away nor deny Men the choice of the Divinity 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 't is no Act of Religion to force the Religion 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 p. 82. G. Par. 1544 at the very moment one has any aversion or hatred to it St. Hilary of Poictiers in his First Book to the Emperour Constantius Pag. 82. G Paris 1544. writes That God has taught the Knowledge Men have of him before he required it Authorising his Commandments by his Miracles not desiring a forced Obedience nor an unwilling Confession And in his Book against Auxentius Ib. p. 84. he reproaches the Arrians to have imployed Prisons and banishment to constrain Men to be of their side and to enter into their Communion St. Athanasius was of the same Opinion as he shews
in several parts of his Works particularly in his Epistle to the Solitaries Tom. 1. p 855. 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 After which he extreamly blames the Conduct of the Emperour 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 pag. 388. 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 Emperour Jovian which succeeded Julian the Apostate Hist lib. 3. cap. 25. 〈◊〉 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 Empire Lib. 9. tit 16. de Males Maâ—â—em 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 Tom. 5. Conc. pag. 11. 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 Marâ—iâ—n by whose Authority the Council of Chalcedon was assembled in the Year of our Lord 451 for in the Letter he writes to the Archimandrites and to the Friers of Jerusalem 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 Tom. 3. Gonc p. 488. 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 Collect. part 2. pag. 179. cap. 7. that he had so acted in regard of the Saxons and not to have threatned with Death those amongst them as refused to be baptiz'd V. 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 received and after serious remonstrances made to Godfathers to consult how they may best discharge the promise and obligation they make to the Church and moreover that Godfathers and Godmothers charge themselves with the maintenance and instruction of the Child CONFORMITY 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 VI. Baptisme shall not be administred but in Church Assemblies 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 CONFORMITY 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 Tom. 5. Conc. pag. 339. threatning to depose 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 advice of the Bishop of the place Cannon Thirty First although the Fifty Eighth of that of Laodicea had absolutely 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 Tom 5. Conc. p. 517. 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 Catholick 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 inclin'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 Tom. 2. Conc. Gal. p. 152. Ibid. pag. 30. of Baptismal Churches 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 Tom. 16. Bibl. Pal. pag. 674. Flodoard in his Second Book of his History of the Church of Reims chap. 19. calls these Churches Baptismal Titles which distinguished 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 Tom. 3. Conc. Gal. Can. 48. p. 45 Tom. 1. Conc. Gal. c. 1â— pag. 566. 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
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 Tom. 1. conc c. 2. pag. 689. 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 infirm which is very common Tom. 3. conc pag. 806. Peter Chrisologus Bishop of Ravenna shews sufficiently in his 10th Homily that care must be taken to administer Baptism to young Children Him that writ the forged Ecclesiastical Hierarchy in the name of Dennis the Areopagite Tom. 2. pag. 360 361. 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 always 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 Eighteenth 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 Nazianzen don't go quite so far Orat. 40. p. 658. To. 1. but at least it should seem convenient they should be of three or four years of Age before 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 XVII Although a believing Man has a Wife of the contrary Religion 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 hinder'd it with all his might CONFORMITY 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 Children to be Baptised elsewhere than in the Catholick Church if by chance their Wifes lived in another Communion 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 XVIII 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 Father and Mother and Godfather and Godmother thereof and the Day of its Birth also shall be expressed CONFORMITY The Author of the Ecclesiastical Hierarchy falsly attributed to Dennis the Areopagite makes mention of this Custom according to which was Register'd the Names of those which were Baptised Tom. 2. cap. 2. and of the Persons which presented them The Friar Maximus his Scholiast confesses 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 Paraphrâ—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 commemoration made at the time of Celebrating the Eucharist However it be pag. 216. pag. 341.342 Tom. 9. conc pag. 412. cap. 2. de reform Matrim I make no question but the Greek Ritual 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 Session 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 Ibid. p. 453. and to see them put in Execution failed not to prescribe to his Curats in the first Council of Millan held in the year 1565 Ibid. p. 548 549 674. 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 XIX The Names of Fathers and Mothers of unlawful Children 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 CONFORMITY 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
St. Ambrose in the 9th chapter of his first Book touching Abraham speaks so clearly Tom. 2. p. 1071. and alleages such strong Reasons that 't is not to be doubted but he condemned Marriages contracted betwixt Persons of different Religions it is what he teaches also on the 118th Psalm and according to the Hebrews the 119th pag. 232. 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 Lic G. c. 4. in interpreting the 41 Cannon of the Second Canonical Epistle of St. Basil Blastares on this same Cannon to a believing man XXI If one of the Parties that desire to be Marryed is Excommunicated 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 notwithstanding the suspension however having good reason for it CONFORMITY Excommunicate Persons not being looked upon as Members of the Church during the time of Excommunication 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 XXII The Panes of Widows which re-marry shall not be published 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 CONFORMITY Herraid Bishop of Touers in his Capitulary of the Year 858 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. 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 XXIII Marriage shall be celebrated publickly in the Company of Believers and that by the Ministry of the Pastors and none else CONFORMITY 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 Meetings Tom. 1. Conc. Ann. 358 pag. 728. Tom. 3. and of Clandestine Marriages Thence it is the Fourth Council of Carthage orders Fathers and Mothers or the Bridegrooms to present the Bride and Bridegroom whose Marriage is to be Celebrated Pope Hormisdas in the beginning of the Sixth Century appoints 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 pag. 286. 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. Tom. 2. p. 681. Par. 1614 Chrysostom had it in his thoughts when in his 48th Homily on Genesis he exhorts 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 Divine Offices saith That when the Priest blesses Marriages 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 Capitularies 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 XXIV It is convenient for the Order of the Church not to Celebrate 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 CONFORMITY 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 Cellebrate Marriages in certain times as appears by the 52 Cannon of Laodicea and by a fragment of a Council of Lerrida in the Year 524. Tom. 3. Concil and the Second Council of Aix la Chapella pag. 817. in the year 836 defends in the 18th Cannon of the Third chap. to solemnize Marriages on Sundays for the Reverence of the Day Tom. 2. Conc. Gall. p. 394. XXV Those who have been contracted and that have cohabitted together before being lawfully Marryed whether their fault came to be known before or after Marriage is solemnized 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 cohabited 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 CONFORMITY St. Basil in his Third Canonical Epistle Can. 69. Tom. 7. pag. 33. 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 advancement By this may be seen he would have decreed against Lay People which should have committed the like Offence the pains expressed in our Discipline The Frier Blastares which I have often cited especially on the XX. Article of this Chapter will Litt. G. c. 4. pag. 62. 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 Tom. 9. Conc. Dec. 27. pag. 500. Ibid. pag. 684. remits the Absolution of the Sin now treated of to the Bishop because 't is frequently committed and prescribes severe Pennance 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 XXVI To prevent Inconveniences which arise by too long deferring Cellebration of Marriages the Parties and those in whose care they be shall be advertis'd not to delay the Cellebration of Maraiage above six Weeks if possible CONFORMITY It is an Establishment of Pollicie to prevent the inconveniencies conveniencies and ill consequencies as may happen in too long deferring the Solemnizing of Marriage And 't is with regard hereto that Cardinal Borrome prohibits in the place I but now cited I say he prohibits all manner of Familiarity and Commerce to contracted Persons XXVII Marriages shall be Register'd and carefully kept in the Church CONFORMITY This Rnle regards the Publick good therefore oftentimes 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 Tom. 9. Conc. pag. 412. 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 Ibid. p. 480 481 590. Cardinal Borrome renews this injunction in the First and Third of the Councils he held at Millan XXVIII 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 CONFORMITY St. Tom. 6â— p. 358. Austin has made Two Books on Adulterous Marriages that is of Marriages wherein Adultery does intervene 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 Believer we ought to believe that she has been washed from her Sin by Baptisme or by Repentance Nevertheless 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 Office 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 Subject of Offence and Scandal So 't was 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 Offices See Gratians Decree Caus 32. q. 1. can De Benedicto where the same Practice is Authorized although some of the Fathers forbid cohabiting with the Adulterous Party XXIX 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 convicted 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 CONFORMITY 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 't was never permitted in the Church that those should marry any other Person who were separated 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-marrying was granted to those whose Marriage had been dissolved for Adultery I should be over-tedious to relate all I could alleage for Establishing this Truth I shall therefore content my self to prove it by some formal 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 't will be necessary to transcribe two passages of the Gospel where our Saviour Jesus Christ has fully explain'd himself 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 breaking of Marriage and the other