reasonably be doubted but that in all times those have been Examin'd in the Church which were to Labour for her Instruction and Edification and which were to serve in Preaching the Word and Administring the Sacraments I grant this Examination may differ according to the diversity of Places and Persons which were to do the Office of Examiners some doing it with more Exactness and Severity and others with more Mildness and Charity and I can't tell if ever there has been seen on this Subject a more strict and exact establishment than that which our Discipline doth prescribe Whatever it is it is most certain that is That the Examination of Life and Doctrine however 't was perform'd always preceded Ordination The 19th Canon of the 1st Council of Nice the 12th of that of Laodicea and the 1st and 4th of Carthage ordaining it should be so although the latter makes it more ample than the two others and declares distinctly the Questions which were to be made and the Articles upon which those were to be Interrogated which were to be called to be Bishops and I make no question but 't was with regard to this Examination That Gregory the first condemn'd in his Pastoral Part. 1. c. 1. T. 1. Paris 1586. The temerity of those which being ignorant and destitute of knowledg would presume to take on them the Office of Pastors never considering that the Conduct of Souls is the Art of Arts That is to say the Noblest and most Excellent of all the Sciences and withal the most Difficult the most Intricate and most Laborious and by consequence requires more Study and Care than any other whatsoever What a shame would it be for a Pastor to speak yet with the same St. Gregory Part. 2. cap. 11. in the same Treatise If he should go about to learn in the time that he should resolve the difficulties should be propos'd to him Whereas he ought always to be ready to give to Believers the satisfaction which they desire upon things which concern Conscience and Salvation This laudable Custom continued a long while after the Death of Gregory but since the Ninth Century the Examination of Pastors was insensibly brought to so mean a State that there needed not much Learning to Answer the Questions that were propos'd And to conclude The greatest part of the Vocation and Consecration of those to whom the Care and Conduct of Souls was committed consisted only in Shew and Ceremony or at least so little heed was taken of their Judgment and Capacity that there was seen to grow in a little time from a practise so different from that of the Primitive Christians that gross Ignorance which was the Spring and Cause of most part of the Evils and Disorders which have befaln the Western Church Not but that several Rules have been made to redress this great Mischief but it had got too deep root Besides Favour and Authority had a greater share in these promotions than the Glory of God and the Instruction of the People especially the Power of the Bishops of Rome who by degrees had gain'd to themselves the greatest part of Ecclesiastical Power bethought themselves about the XI Century to cause to be demanded or demanded themselves of the Bishops which were Examined and in the very moment of their Examination if they did not promise subjection and fealty in all things to St. Peter Tom. 10. Probl. Pat. p. 107. and to his Church to his Viear and to his Successors as appears by the Roman Order which in all likelihood was writ about that time and where is to be seen at this day amongst the Questions made to the Bishop which was Examin'd those which regard the Obedience and Fidellity which I but now mentioned and there is to be seen in the Roman Pontifical Printed at Venice in the Year 1582. Page 25. the Form of the Oath they were made to take and whereunto they ingaged themselves in doing it which are things quite different from the Discipline of the Primitive Christians I know very well that about the year 722. Boniface Archbishop of Mayence made an Oath to Pope Gregory the II. at the time of his Ordination and Promotion to the Prelacy but this Oath did properly contain no more but a Profession of Faith and the Essential Duty of an Apostollical Legat and of a Vicar of the Holy See as they express it which is to make Bishops observe the Canons and to give the Pope Information of the great difficulties which is therein I know also this Prelat Assembled a Council as he recites it in his 105. Letter to the Bishop Cuthbert wherein he made alike profession to the Bishops which there assisted but besides that all this was done but only by Order of the Princes and Bishops of the Kingdom as may be gathered from the very Letter of Boniface and from the 1st Canon of the Synod of Leptines where Prince Carloman protests That by advice of the Bishops and Nobles of the Kingdom he setled Bishops in all Cities and gave them for Chief and Superiour the Archbishop Boniface Legat of the Holy See Besides this I say these Examples now alledged went no farther if my memory fail me not before the time I mention VI. Him whose Ordination shall be signified to the Church shall Preach the Word Three several Sundays in publick but not Administer the Sacraments nor Celebrate Marriage in presence of all the People that they may observe his manner of Teaching The said People being expresly warn'd That if there be any one that know any just cause wherefore the Election of him so signified may not be fully ratified or that he be not liked of they may come and make it known to the Consistory who will patiently hear any one's Reasons to judge of the whole The silence of the People shall be look'd upon as a full consent But if there be murmuring and that the Party named is liked of the Consistory and not of the People or the major part of them his admission shall be deferred and the whole shall be reported to the Colloqui or the Provincial Synod to discern as well the Justification of the Person named as of his Reception and altho' the Person named was there justified yet he shall not be impos'd as a Pastor on the People contrary to their desire nor so much as to the dislike of the greatest part of them nor the Pastor in like manner against his will to the People and the difference shall be clear'd by order as abovesaid at the Charge and Expence of the Church which shall demand it CONFORMITY Although a Minister might be judged capable by the Synod or the Colloqui which have Examin'd him That is not sufficient to Establish him It is moreover requisite that the Flock that is appointed for him be satisfied with his Preaching therefore he is obliged to Preach Three several times before he receives the Imposition of Hands to the
we do they informed Sinners of their Duty they charitably represented to them their faults they applied to them fit censures they depriv'd them of participating of the Divine Mysteries they caused them to pass by certain degrees of Penance proportion'd to the greatness of their faults and when the crimes were heinous and the obstinacy stout and resolute they Excommunicated them in separating them from the Society of the faithful as persons who had made themselves unworthy of living within the pale of the Church Tertullian has in few words compris'd all this proceeding which I have now touched when describing the Assemblies of his times Apolog. cap. 39. he observes That therein was made Exhortations Reprehensions and Censures that therein were inflicted punishments that after having maturely weighed all things Judgment was given being perswaded God see them and it is saith he a great resemblance of the last Judgment if any one for his sins is deprived of the Communion of Prayer from the Assembly and from all holy intercourse Which will also appear yet more clearly if one considers that Peter Bishop of Alexandria and Martyr of Jesus Christ under Dioclesian has expressed the vertue and efficacy of the Communion Epist Canon cap. 8. by communicating in all things in Prayers in participating of the body and blood of the Lord and in the Preaching of the Word Origen has already spoke of the Ecclesiastical Synod and of those which had the care to watch over the conduct of Christians to encourage the one to do well and to exclude from the holy Assemblies those which lived ill Chap. 3. Art 3. upon which it may be noted there was two sorts of Excommunications amongst the Primitive Christians the former which was most frequent consisted in the being debar'd from the Sacraments to which sinners could not approach until after having done Penance for their sins as it happened to the Emperour Theodosius as is related by Zozomen Lib. 3. Cap. 25. for so it was that all publick sins were punished the other was a total exclusion from the Society of Believers which Tertullian expresses by Omni Ecclesia tecto Submovere XVI Suspension from the Holy Sacrament shall be used the more effectually to humble sinners and make them the more truly sensible of their offences This suspension nor the cause of it shall not be declared to the people neither also the restitution of the sinner unless it were in case they were Hereticks despisers of God Rebels to the Consistory Traytors to the Church as also such as shall be guilty of crimes worthy of corporal punishment and that bring great scandal on the whole Church as also those who against remonstrances to them made do marry to Papists Fathers and Mothers which do so marry their children Tutors Curators and others which supply the place of father and mother and do so marry their Pupils together with those which thither carry them to be Baptized or do present others to be Baptized it being necessary that all such persons altho there may be perceived in them some beginning of Repentance should speedily be deprived for some time from the benefit of the Sacrament and that the Suspension should be declared to all the People as well that they may be the more humbled and induced to repentance as to discharge the Church from all blame and reproach and also to give terror to others and make them tremble by this example to avoid the like Sins CONFORMITY There has ever in the Church a distinction been made betwixt secret sins and those sins which have been publick and scandalous in regard of the former the Church never exercised any authority for to the end she might act against sinners it is necessary that they confess their sins or that they may be convinc'd of them But because it may so happen that the sins of a private person may be known to some of the Governours of the Church and that he may not have scandalized the publick Orig. Hom. 7. in Jos pa. 185. l. 1. Aug. Ser. 16. de Verb. Do. c. 7 Tom. 10. in this case he may be censured in the Ecclesiastical Senate and if his crime deserves it may declare to him he is not in a state fit for some time to approach to the holy Communion which is just what is practised by us But when the sins are publick and scandalous we publickly suspend from the Holy Sacrament those which commit them and leave them in this state until such time that having given sufficient marks of sincere Repentance we receive them into the bosom of the Church by a publick acknowledgment of their offence which they are obliged to do in presence of all the People And herein we follow the Example of the Primitive Church Hom. 7. in Jos 21. 2. in Jud. Tom. 1. in Mat Trac 35. To. 2. which only subjected these sort of Sins to the Canons of publick Penance it is the constant Doctrine of Origen as appears in divers parts of his Writings where he formally declares that there 's only great Sins scandalous Sins which should be publickly punished and also he will have it done with a spirit of Charity and according to the Gospel precept for so 't is he explains himself in his third Homily on Leviticus Gregory of Nysse in his Canonical Letter to Letoius Can. 5 6. speaks no otherwise and tho he expresses himself in different terms from Origen yet he acknowledges that 't is only publick Sins which should pass by the degrees of publick Penance according to the Constitution of the Fathers St. Austin is no less clear herein than the two others Hom. 50. he teaches in the Book of fifty Homilies which is in the tenth Tome That when the sin is great and gives scandal to others the Sinner ought to do Penance in presence of all the Congregation especially if the Edification of the Church require it And in another of these same Homilies that is in the 27th he will have to pass by this rude and laborious Penance Murderers Tom. 10. Cap. 7. Adulterers and Sacrilegious persons And in the sixteenth Sermon on the words of our Lord he saith That the sins which are committed publickly must be reproved publickly and privately those which are committed more secretly I might add to these Testimonies what he writes in the Epistles Fifty four and hundred eight which are in the second Tome of his Works and in the 65th Chap. of his Manual to Laurence the Author of the Questions on the Old and New Testament Tom. 3. which is in the Appendix of the fourth Tome which shews he is in this of the same opinion as the true St. Austin is in explaining the 102. Question Caesarius Bishop of Arles Tom. 2. Bibl. Patr. a Writer of the Sixth Century in the first and eighth of his Homilies Pope Gregory the First in the 31. Letter of the 12th Book Isidore Bishop of
endeavoured to be inspir'd in Believers amongst us by the directions which has been made about the administration of Baptism and the Celebration of the Lord's Supper There has no less care been had in preserving the Holiness of Matrimony from whence has been removed all manner of filthiness and impurity and all imaginable precaution used to render it legitimate To conclude As for the Advertisements which regard particular persons it has been made known to all the world that nothing else was intended but to dispose Christians to Piety and Holiness and generally to all Virtues which are worthy the name they bear and of the Religion they profess Behold here the substance of our Discipline which how innocent soever it be nevertheless has found adversaries who being animated with a spirit contrary to that of Christianity have traduc'd it and still daily rail against it declaiming against it in their Pulpits endeavour to render it odious by the calumnies they accuse it of and by the unjust reproaches they load it with as if those which composed it and which have reduced it to the form wherein we find it had no other design but to open the door to Licentiousness to foment Vice and to incourage Debauchery and Excess but let them say what they list God which bringeth to light the secrets of all hearts will be the Judge of our Innocence and will one day cover with confusion and shame those which so cruelly censure and injure us Nevertheless I trust with the blessing of his Grace that the reading of this Treatise will better inform them and that finding therein an intire Conformity betwixt our Discipline and that of the Primitive Christians they shall be forc'd to change their notes lest that condemning the one they also condemn the other they resemble one another too much not to approve and like of both 'T is true that the better to discern this resemblance Conscience must be consulted silence must be imposed on the Passions and all prejudice which blinds our sight and darkens our judgment must be laid aside by this means the Conformity here proposed will be easily discerned and having discovered it they will declare for us for there would be no reason to make that pass for blasphemy in our mouths which was esteemed Oracles in the mouth of the ancient Fathers neither to reject this rule of our conduct seeing it is the same that theirs was It is what I undertake to prove in this Book and to make the thing the more evident I have examined from first to last all the Articles one after another that none might think I had a design to cast a mist over the Eyes of the Readers in establishing a Conformity in too large and general a way and that to save the credit of our Discipline I would not descend to a particular search and examination In effect the first thing I do is to produce the Text of each Article then I cite the Decrees of Councils and Testimonies of Fathers as much as may be necessary to justifie the resemblance which is in dispute from this Article I pass to another and so go on unto the last and I can say with a safe Conscience that in this work I have not used fraud nor artifice that there will be seen throughout the whole Book a great deal or plainness and if in some parts more of art and skill be required I am perswaded that there never will be cause to desire more of fidelity because I had so particular a view of resembling these two Disciplines and to represent so plainly the features and lineaments that the one might easily be taken for the other as it often happens to two Twins and to find in ours a true Copy of the Prototype and of the true Original Moreover I warn the Reader that having done as I have now mention'd nevertheless I have dispensed my self in reciting at large all that I alledg of Antiquity fearing to deform the Edition because the whole Work is but a continued tissue of Canons and Testimonies therefore I have only done it when I thought it necessary and in those places which absolutely requir'd it Secondly The Reader may take notice I do not always write the whole Decrees but just what relates to the matter I examine reserving the rest for clearing some other Article if it be proper for it And to conclude In the things which are evident and approv'd of all I have not oblig'd my self exactly in all places to cite the proper terms of Authors but just the sense and substance which nevertheless I have done in such a way that none will have cause to blame my Conduct if they will please to compare with the Originals what I have transcribed Although what I have hitherto writ be more than sufficient to stop the mouth of Calumny and to justifie our Ecclesiastical Government nevertheless there are some such untoward and cross spirits and withal so full of prejudice against us that they make pass for Criminal the things which are most innocent and easily condemn what is well worthy the Esteem and Love of the best of Men For instance If we forbid Dancing Comedies the Play of Hazard Mummeries the liberties of Shrovetide Carnivals and other Follies of this kind They say we are Leaders of the blind and they injuriously compare us to those Hypocrites in the Gospel to whom our Saviour says They strain at a Gnat and swallow a Camel never considering that in acting after this manner they lessen the Glory of the Fathers which have so highly reproved the same things and pronounced severe Censures against all those which allowed themselves in these worldly pleasures were they not blinded with prejudice they would speak after another manner and they would infer from the severity of these Laws That those which made them were guided by the Spirit of God which inspir'd them with so great a Love to Virtue and so great a Hatred to Vice That they forbid those which lived under their Authority and Conduct the use of those things which were capable to infect the purity of their Lives and to stop the course of their Piety and Sanctification But the Censurers of our Discipline stop not there they pretend it favours Libertinisme because it permits those which separate for the cause of Adultery to Marry some other person and it may be said That this sole Article opens to the Preachers of the Roman Church a wide Field to declaim against us and that they take occasion or rather a pretext to accuse us as if we were favourers of Vice and enemies of Virtue There are also amongst them persons considerable for the Rank they bear which treat us with no less injustice for that having but little or no knowledg of the Ancient Discipline of Christians they imagine it was no way different from that which they at this time follow and on this wrong ground they look on them as Libertines which teach
same City of Antioch In the Year 346 Euphrates Bishop of Cologne was also depos'd by a Council Assembled in the same City for an impiety much like that of Paul of Samosatia for he denied that Jesus Christ was God It was on the same ground that in the Ancient Church Pelagius Celestius Julian and their followers Nestorius Eutyches and many others were Anathematiz'd not to speak of what was done against Arrius in the first Council of Nice I do not here make mention of scandalous vices for which Ministers deserve to be depos'd because I shall speak of them in the following Articles I will only add that the 45th Canon of the Apostles deprives of the Communion the Bishop Priest and Deacon which do so much as pray with Hereticks that is to say according to Balsamons interpretation If they have any Communication with them but he deposes them if they permit them to do any Ecclesiastical Function and the 46th if they allow of their Baptism and Oblation XLVIII Those shall not be depos'd who through Sickness Age or other the like accident shall be incapable of doing their Office in which case they shall still enjoy the Honour and shall be recommended to their Churches for a maintenance being provided of another which shall perform their Office CONFORMITY Old Age and Sickness being no lawful cause of deposition it is with good reason they here except them out of the Number of those things for which Bishops and Deacons are wont to be degraded and to turn them into the Rank of Lay-men from the which they were before distinguish'd as for Old Age it is certain that in the Primitive Church when a Pastor was well stricken in years and that by reason thereof he could not perform all things relating to his Office some other was chosen to assist him but in continuing to him the Honour of his Office and a competent Maintenance Euseb Hist Eccles l. 6. c. â— It was so practised at the beginning of the 3d Century in regard of Narcissus Bishop of Jerusalem Aged 116 years for there was by consent of the Neighbouring Bishops given to assist him in that weighty employment Alexander who had been Bishop in Capadocia It was for the same reason that Theotecnus Id. ib. l. 7. c. â—2 p. 288. Bishop of Caesarea of Palestine Consecrated one Anatolius Bishop with whom he divided the care of his Disocess which they govern'd both together for some time These are the two Ancientest Examples of Coadjutors of Bishops as is spoke at this time they were at first introduced for the ease of Ministers who for their extreme Age could not discharge the Duties of their Pastoral Office but since that time Favour and Ambition has had a much greater share in establishing these kind of Coadjutors than Necessity although the Council of Antioch in the year 341 expresly defends it in the 23. Canon which practise St. Austin was a stranger to when Valerius made him his Coadjutor and designed him his Successor as Possidonius observes in the eighth Chapter of his Life where he takes if I be not deceived the Council of Antioch for that of Nice the fourth Canon of which prescribes only the manner of Promotion of Bishops whereas the 23. of Antioch absolutely prohibits a Bishop to establish himself a Successor and by the same means a Coadjutor I come now to Sicknesses and other like accidents for the which we do not think fit a Minister should be deposed we do not indeed in the first Ages of the Church find any Rule on this subject because in all likelihood as yet none were found that would dispute to a Pastor who by reason of Sickness could not discharge the Duties of his Calling the name and quality of Pastor no more than things necessary for his subsistence In the time of Gregory the First things having in all likelihood changed face in this regard this Prelate made a Constitution which is yet to be seen in the 11th Book of his Letters Indict 6. Ep. 7 8. by which he appoints that a Coadjutor shall be provided for the Bishop who by reason of Sickness cannot take care of his Congregation which nevertheless shall be bound to maintain him as before it is much after this sort he deals by the Bishop of Rimini who by his own confession a great pain in the head rendered incapable of discharging his Episcopal Office for which cause he desired to be absolutely discharged that another might be put in his place which could not have been done without his consent but only to have given him a Coadjutor The Bishops of France did otherwise in regard of Heriman or Herman Bishop of Nevers who was troubled with a mighty head-ach but he stoutly resisted them as also Vvemlen Bishop of Sens his Metropolitan for they would have put another in his place against his will but having writ to Pope Nicholas the First in the year 862 he disapproved what they did in the case Tom. â— Cone Gal. Ann. 862. p. 87 88 politickly avoiding the question they put to him touching the forged Decretal of Melchiades In the Appendix at the end of the Letters of Loup Abbot of Ferriers of the last Edition there 's a Letter of Innocent the Third to the Archbishop of Tours writ in the year 1209 whereby he will have the Bishop of Perigueux to resign his Bishoprick to another because he was uncapable and unfit to discharge the Office and that moreover he wasted the Treasure of the Churches altho he judges the former reason sufficient cause for the resignation But Innocent the Sixth in the sixth year of his Popedom that is about the year of Christ 1360 writes to Girlac Archbishop of Mayence to appoint a Coadjutor to Salvian Bishop of Worms by reason of his great age and sickness without leaving the Coadjutor any hopes of succeeding him after his death the Letter is to be seen in the same Appendix Mark Patriarch of Alexandria Apud Beaureg Annot. in Can. Apost To. 2. Pandect p. 37. having demanded of Balsaman the famous Greek Canonist that liv'd in the Twelfth Century If a man that had but one hand or but one eye were worthy the honour of Priesthood and whether 't were permitted to him that after Ordidination chanc'd to be dismembered in any part of his body to celebrate Divine Service or not Balsaman after having alledged the 77 and 78 Canons of those which go in the Apostles names to resolve the difficulty proposed to him adds That those ought not to be established in Ecclesiastical Offices which by reason of their sickness and infirmities are incapable of doing their Duties but as for those which since their Ordination are faln into any mischance he declares That if their inconvenience don't hinder them from discharging their calling they are permitted to continue in it and to celebrate Divine Service but if the inconvenience be such as that it hinders them he will that they
it known abroad CONFORMITY Those whom we call Students are young Men which study Divinity and which resolve one day to exercise the Ministry of the Gospel and because this Office don't consist alone in Preaching the Word but generally in all things which one ought to do wisely to Govern the Flocks It is with great reason that under certain Conditions we suffer them to enter into the Consistories to the end they may there learn after what way they are to act when it shall please Almighty God to commit the care of some Church unto them VII A Magistrate may be called to the Office of an Elder in the Consistory provided that the Exercise of the one Office doth not interfere with the other and may not be prejudicial to the Church CONFORMITY What I have said to the 5th Article may very well be applied to this VIII The Government of the Church shall be regulated according to the Discipline as it hath been order'd by the National Synods and no Church nor Province shall make any Law but what in substance shall be conformable to the general Articles of the Discipline To this purpose the Articles of the said Discipline shall be read in the Consistories at least at the time of celebrating the Lord's Supper and the Elders and Deacons shall be exhorted to have a Copy thereof each of them to read and study it at home at leisure CONFORMITY In the Ancient Church It was not permitted to a Province much less to a particular Church to make any Constitution which was not conformable to the Canons which were the Discipline of those times contrary to which nothing was to be Establish'd especially after the Canons which compos'd this Discipline had been Authoriz'd by any Oecumenical Council as the Code of the Canons of the Universal Church was by that of Chalcedon This also shall be farther cleared by the remarks I will make on the 2d Article of the following Chapter IX The cognisance of Scandals and the censure of them appertains to the Company of Pastors and Elders and whole Consistories cannot be impeach'd nor above half However Accusations shall be of force against particular persons of the said Consistories as well Pastors as Elders admitted by the said Consistory and they being adjudg'd shall proceed on notwithstanding Appeal on admission or rejection of the said accusations CONFORMITY What I have writ on the 3d Article of the 3d Chap. serves as a Commentary on this without being necessary to say any more X. The Custom which is found to be us'd in some places of making inquest and a general censure of misdemeanours in the publick Assembly of the People and in presence both of Men and Women being condemn'd by the Word of God the Churches are advertis'd to abstain from it and to be satisfied with the Order contain'd in the Discipline as to what regards Censures CONFORMITY See what has been observ'd on the 51. Article of the 1st Chapter XI The Elders may be advertis'd not to report misdemeanors to the Consistory without great reasons for it neither shall any one be call'd to the Consistory without good cause or reason CONFORMITY The Elders having been Established to watch over the Life and Coversation of those which are Members of the Church as I have made appear there 's no question to be made but they should do it with Prudence and Charity XII In the Exercise of Ecclesiastical Discipline one shall forbear as much as possible may be as well from all formalities as from the terms commonly used in Courts of Justice CONFORMITY The Tribunal of the Church being of a very different Nature from Common-Law-Courts it is convenient the proceeding should be quite different and that in the Exercise of Ecclesiastical Discipline one should avoid as much as may be the formalities of the Bar Read the Discipline of the Primitive Christians for Example the Code of Canons of the Universal Church of which I spake just now and I am well assur'd they shall there find proceedings very different from the conduct and stile of what 's done in the Common-Law-Courts I know that the Tribunal of Bishops at this time have too great correspondence with that of Secular Courts but I know also 't was not so in the beginning and that the Ancient Christians Govern'd themselves quite otherwise XIII Believers shall be Exhorted by the Consistories yea requir'd in the Name of God to speak truth for as much as that don 't at all derogate from the Magistrates Authority as also the usual formalities in making Oath practis'd before Magistrates shall not be used CONFORMITY This Establishment has nothing in it but what is very agreeable to the use and practise of the Primitive Christians as I may prove by sundry testimonies I shall only instance in two which the Oecumenical Councils of Ephesus and Chalcedon give us seeing that in one and the other Conc. Ephes p. 2. Act. 1. Tom. 2. Con. p. 264 265 Catch Acts. Tom. 3. p. 131. They Exhort and Conjure the Bishops by the Holy Gospels to speak the truth If these two Councils have made no difficulty to do so towards Bishops Wherefore should not the Ecclesiastical Synod as Origen speaks have power to do so to particular persons as occasion shall require XIV In differences which shall happen the Parties shall be Exhorted by the Consistories to be reconcil'd by all friendly means but the Consistories shall not appoint Arbitrators nor shall do the Office of Arbitrators If any of the said body are called to be Arbitrators it shall be only as a particular person and in their own name only CONFORMITY This Article is taken from the Doctrine of St. Paul 1 Cor. 6. which Exhorts Believers to compose their differences and Law-Suits in an amicable manner and to chuse out some amongst their Brethren to whose Judgments they might refer the Decision of all those things which causes debates and strife amongst them St. Chrysostom and Theodoret explaining the words of the Apostle do fully confirm what is ordain'd by our Discipline XV. Besides the Admonitions which are made by the Consistories to those as have done amiss if it so happens that greater Censure and Punishment must be us'd it shall be either Suspension or Deprivation for a time from the Holy Sacrament or Excommunication and Retrenchment from the Church And the Consistories shall be advertis'd to proceed warily and to distinguish betwixt the one and the other as also prudently to weigh and examine the faults and scandals which they shall be inform'd of together with all circumstances the better to judge what Censure it shall require CONFORMITY There is nothing more frequent nor better Established in the ancient Discipline than what ours doth here prescribe so that 't is not necessary long to insist on a matter the truth whereof it were easie to prove by a great number of testimonies were it not to spare the Reader a trouble The Primitive Christians did just as
that here is to be an intire Separation both from Bed and as to Obligation The Second is in the 19th chap. of the same Gospel verse 3 c. The Pharisees also came unto him tempting him and saying unto him Is it lawful for a man to put away his Wife for every cause and he answered and said unto them Have you not read that he which made them made them at the beginning Male and Female and said For this cause shall a man leave father and mother and shall cleave to his Wife and they twain shall be one flesh wherefore they are no more twain but one flesh What therefore God has joyned together let no man put asunder They say unto him Why did Moses then command to give a writing of divorcement and to put her away He saith unto them Moses because of the hardness of your hearts suffer'd you to put away your Wifes but from the beginning it was not so And I say unto you whosoever shall put away his wife except it be for fornication and shall marry another committeth Adultery And whosoever marryeth her which is put away doth commit Adultery As the Pharisees in their demand understood a total Separation it must not also be doubted but Jesus Christ meant it so also in the Answer he made them In effect amongst the Jews the term to repudiate comprehends an intire rupture with power to re-marry again Therefore in the Antient formulary of Divorces amongst the Jews the Husband spake thus to the Wife which he put away I send thee going and repudiate thee to the end thou mayest be at liberty to marry whom thou wilt Let us now see what the Witnesses do depose which I have ingaged to produce for establishing the matter in dispute I 'le begin by Chromatius Bishop of Aquilea one of the Holiest and most Learned Prelates of his time that is to say of the Fourth Century and the beginning of the Fifth This Learned Writer Interpreting the two verses of the Fifth chap. of St. Matthew above transcrib'd speaks in this manner Let them know how great the crime of condemnation is which those do incur in the sight of God Tom. 2. Biol Sal. p. 168. who being overcome with the unbridled pleasure of Lust and without cause of Adultery cast off their Wifes to pass on to another Marriage It appears by the reasoning of Chromatius that if they cast them off for Adultery they were permitted to re-marry and having shewn that though the Laws of Men suffer'd to repudiate ones Wife for other cause than Adultery those which did it were nevertheless inexcusable but their sins was so much the greater that they preferred the Laws of Men before the Law of God After this I say he adds As it is not permitted to cast off a woman that lives chastly and honestly so also 't is permitted to repudiate an Adulteress because such a one renders her self unworthy of her Husbands Company which in sinning against her own Body had the boldness to defile the Temple of God The Deacon Hillary a Writer of the Fourth Century in his Commentaries on St. Pauls Epistles in the Third Volume of St. Ambrose his Works Hillary Expounding these words of the 11th verse of the 7th chap. of the â— Ep. to the Cor. pag. 365. Neither let the Woman forsake her Husband he thus explains himself it must be understood except it be for the cause of Adultery because it is permitted for the Husband to marry after having repudiated his Wife for cause of Adultery St. Epiphanius is full in the case seeing he expresses himself in this manner Him who could not be content with one Wife whether she dyed or that he put her away for Adultery Fornication or some other Crime if he joyn himself to another Wife or if a Woman for the same cause takes a second Husband the Word of God condemns them not neither deprives them of the Communion of the Church nor of Eternal Life but it bears with them for infirmity sake not that he should have two Wifes at once the one being yet alive and in being but to the end that after having left one he may if he will take another lawfully The Jesuit Petau in his Notes on the words of St. Tom. 2. p. 255. Epiphanius does acknowledge this was the Opinion of this Antient Doctor but he adds That if at that time it was suffer'd to have it because the Church had not yet determin'd any thing in this matter it is not permitted at this time after the decision of the Council of Trent Sess 24. cap. 7. nevertheless he owns this Decree of Trent is not agreeable to some of those cited by Gratian causa 32. quaest 7. and also that Cardinal Cajetan and some other Doctors of his Communion have followed an Opinion contrary to the definition of the Fathers of Trent that is to say That they believed that 't is permitted to a Christian to put away his Wife for Adultery and to marry another in effect not only Cajetan on the 19th chap. of St. Matth. but also Ambrose Catharine in the Fifth Book of his Annotations and Erasmus on the 7th chap. of the 1 Ep. to the Corinth have been of this Judgment Auitus Bishop of Vienna at the end of the Fifth Century and beginning of the Sixth sufficiently manifests that in his time Divorcement was made for Adultery with liberty to re-marry Ep. 49. p. 110. observing in one of his Letters That 't is for that cause alone God permits a man to separate from his wife Upon which Father Sirmond who has Published the Works of Auilus makes this observation It from hence appears that in that time it was believed in France that the Husband might by the permission of Jesus Christ leave his Wife in case of Adultery and marry another Which he confirms by a Cannon of a Synod of Vannes which I will cite anon Loup Abbot of Ferriers in Gattinois was in the Ninth Century of the same Opinion with Auitus Ep. 29. pag. 54. for he says as well as him that 't is only Fornication can dissolve Marriage to which Monsieur Baluze who compleated the last Edition with Learned Notes applyes also the Jesuit Sirmond's Observation which I but now mention'd Isaac Bishop of Langres in the Third Title of his Cannons which treat of Adulterys saith plainly chap. 1. That the Husband whose Wife is an Adulteress has power to take another if he please This Prelate wrote and liv'd in the Ninth Century I now come to the Councils whose Authority may contribute to the Establishment of the matter I examin and I begin with the First Council of Arles which the Emperour Constantine assembled in the Year 314 a Council famous for the Decrees there made and for the number of Bishops which were there present for there was 600 if several Writers may be credited In effect there is in the Collection of Letters of Ireland by Bishop