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A70471 A treatise of the episcopacy, liturgies, and ecclesiastical ceremonies of the primitive times and of the mutations which happened to them in the succeeding ages gathered out of the works of the ancient fathers and doctors of the church / by John Lloyd, B.D., presbyter of the church of North-Mimmes in Hertfordshire. Lloyd, John, Presbyter of the Church of North-Mimmes. 1660 (1660) Wing L2655A; ESTC R21763 79,334 101

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propounding of the true doctrine in decision of controversies or of constitutions of expedient or necessary to aedification are acts of religion most proper to the Bishops and presbyters the first an act of the praedication of the gospel the other an act of ecclesiastical Government The embracing of the truth and ordinances seen to be profitable together with the confirming of them by his decree and sanction or addition where he seeth it needful of a reward or mulct is the part of a Christian Prince discerning upon due search the truth and the usefulnesse of the ordinances propounded unto him whose embracing is his act of subjection to Christ and confirmation and sanction an act of his Vicary authority To make laws bestowing civil gifts or priviledges on the Church and ordaining civil punishments for offences committed against Christian religion and Ecclesiastical Canons and constituting Courts for the cognizance of such causes and the execution of those Laws is the peculiar and proper work of a Christian King which he may well doe without the authority of Bishops and presbyters but which he may best doe with their grave advice and counsel In the unanimous Votes of the Kings Majesty the honourable Houses of Parliament and the venerable convocation all Powers and interests are fully satisfied whether in decision of controversies in religion Chrysost in 2. Cor. hom 18 c. Sect. 11. or making Ecclesiastical Canons or any the like Ecclesiastical matters because they are the conjunct Votes of all the concerned Before the civil Magistrate became Christian the Clergy and people according to their severall rights concurred personally in the elections of Bishops and Presbyters and this remained in use under many Christian Emperors and Kings untill for the avoyding of contention and schismes and many abuses which became familiar to popular elections in a corrupted state of the Church and for the encouragement of Princes Nobles and others to erect and endow Churches it seemed good to Kings in their Parliaments and with the convocation or Synod of the Bishops and Clergy to ordain that Kings should present to the Colledge of Presbyters meet persons to be chosen and made Bishops and meet Presbyters to the Bishop for such Churches as they had built and endowed and that all other persons should in like manner present to the Bishop a fit person for the Church which they had endowed Patrons did indeed in some places put in whom they pleased without the Bishops consent Vide Epist Alexandr 3. ad Episcopos Angliae and for some time of publick confusion this was very usually done in England but this custome was no law as some would have it because it was an unreasonable custome and destructive to the Church and therefore always contradicted in all Councils where occasion was given to mention it All humane laws have their mixture of some bad with many good And certain it is that our Ecclesiastical laws have many imperfections and their ambiguous halting between the papal Canon-law whence their interpretation hath been wont to be fetched and the laws of the Realm is not the least which hath been one of the principal occasions of some actings which made the Clergy much abhorred by many and brought infinite calamities upon the Civil and Ecclesiastical state The ancient pure Episcopal government is much changed and the beginning of its change was not of late dayes Sect. 12. for in the fourth Century the Bishops and Presbyters began to advance Arch-presbyters and Arch-deacons to some part of the exercise of the Ecclesiastical government Optat. advers Parmenian l. 1. The first Archdeacon we read of was Caecilianus who reproved Lucilla a rich and proud woman which being thereat vexed became afterward a zealous promotrix of the Schism of the Donatists The first Arch-presbyter Greg. Nazianz. in land Basil crat that I can remember to be mentioned by the ancients was Basile who being made Bishop offered that honour to his old friend Gregory after the Bishop of Nazianzum But these were at that time but in some Churches and acted onely in place of the Bishops and Presbyters and at their pleasure whereas their power in time increased and after some hundreds of years the Canons gave them an ordinary jurisdiction erected their Courts added new names of Ecclesiastical judges as Deans Chancellors Commissaries c. and filled them with numerous attendants which were mostly to live by the sins of the people If these had been Officers onely of the civil magistrate to execute the power which is proper to him over all persons and in all causes Ecclesiastical the Church could not in reason have been charged with their miscariages but because they exercised with the former acts of the power proper to Bishops and Presbyters and in which the civil magistrate had onely a superintendency over them all their misdoings were ascribed to the Bishops and the Clergy their Courts heard the causes of excommunication adjudg'd a person to excommunication and caused a Presbyter no judge in the cause to excommunicate the party whereas Christ by his Apostles made them judges in his place as well to hear the causes of the spiritual censures as to execute the same by the sentence of excommunication The spiritual censures are spiritual remedies and the Pastors of the Church are under Christ the Physicians how then can it be congruous to imploy one that is no Physician to search and take knowledge of the diseases of the Soul and leave or●y the application of the remedies to the Physicians in the hearing of the causes of spiritual censures pastoral acts are to be exercised as of teaching of redargution of sin and conviction which prepare the offendor for the due and profitable receiving of the spiritual Physick which acts are all wanting where a person that is no Pastor condemneth a sinner to be excommunicated by a Pastor There is another mischief that accompanies the mixture in one and the same person of the exercise of acts purely ministerial and acts proper to the civil magistrate in spiritual causes as it is in Arch-deacons and the like that is commutation of paenance as to take so much money a Cow a Horse and the like as it hath been used be it in pretence of giving it to the poor where suspension or excommunication was by the Apostolical ordinances to have been exercised If the power proper to the ministers the power proper to the magistrate were in distinct persons this too frequent abuse would be well avoyded For the sole spiritual power is not to medle with body or purse Cudgelling whipping imprisoning fining scandalous sinners were not at all in use before the times of Christian Emperours And as to the redemption of the wholesome severities which the paenitents were enjoyned willingly to exercise upon themselves it was not used until about the end of the fift Century I might mention other mischiefs as the intollerable abuse of excommunication for very small offences