is evident that this word Brethren does not distinguish the Laity from the Clergy Now when they heard this they were pricked in their hearts and said unto PETER and to the rest of the APOSTLES Men and BRETHREN what shall we doe Iudas and Silas who were Apostolicall men are called in Scripture chiefe men among the BRETHREN But this is too known to need a contestation I only insert the saying of Basilius the Emperour in the 8 th Synod De vobis autem Laicis tam qui in dignitatibus quà m qui absolutè versamini quid ampliùs dicam non habeo quà m quòd nullo modo vobis licet de Ecclesiasticis causis sermonem movere neque penitùs resistere integritati Ecclesiae universali Synodo adversari Lay-men saies the Emperour must by no means meddle with causes Ecclesiasticall nor oppose themselves to the Catholick Church or Councells Oecumenicall They must not meddle for these things appertaine to the cognisance of Bishops and their decision * And now after all this what authority is equall to this LEGISLATIVE of the Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Aristotle They are all evidences of power and authority to deliberate to determine or judge to make lawes But to make lawes is the greatest power that is imaginable The first may belong fairely enough to Presbyters but I have proved the two latter to be appropriate to Bishops LAstly as if all the acts of jurisdiction and every imaginable part of power were in the Bishop over the Presbyters subordinate Clergy the Presbyters are said to be Episcoporum Presbyteri the Bishops Presbyters as having a propriety in them and therefore a superiority over them and as the Bishop was a dispenser of those things which were in bonis Ecclesiae so he was of the persons too a Ruler in propriety * S. Hilary in the book which himselfe delivered to Constantine Ecclesiae adhuc saith he per Presbyteros MEOS communionem distribuens I still give the holy Communion to the faithfull people by MY Presbyters And therefore in the third Councell of Carthage a great deliberation was had about requiring a Clerke of his Bishop to be promoted in another Church .... Denique qui unum habuerit numquid debet illi ipse unus Presbyter auferri saith Posthumianus If the Bishop have but one Presbyter must that one be taken from him Id sequor saith Aurelius ut conveniam Episcopum ejus atque ei inculcem quod ejus Clericus à quâlibet Ecclesiâ postuletur And it was resolved ut Clericum alienum nisi concedente ejus Episcopo No man shall retaine another Bishop's without the consent of the Bishop whose Clerk he is * When Athanasius was abused by the calumny of the hereticks his adversaries and entred to purge himselfe Athanasius ingreditur cum Timotheo Presbytero Suo He comes in with Timothy HIS Presbyter and Arsenius cujus brachium dicebatur excisum lector aliquando fuerat Athanasii Arsenius was Athanasius HIS Reader Vbi autem ventum est ad Rumores de poculo fracto à Macario Presbytero Athanasii c. Macarius was another of Athanasius HIS Priests So Theodoret. Peter and Irenaeus were two more of his Presbyters as himselfe witnesses Paulinianus comes sometimes to visit us saith S. Hierome to Pammachius but not as your Clerke sed ejus à quo ordinatur His Clerk who did ordaine him But these things are too known to need a multiplication of instances The summe is this The question was whether or no and how farre the Bishops had Superiority over Presbyters in the Primitive Church Their doctrine and practice have furnished us with these particulars The power of Church goods and the sole dispensation of them and a propriety of persons was reserved to the Bishop For the Clergy and Church possessions were in his power in his administration the Clergy might not travaile without the Bishops leave they might not be preferred in another Diocesse without license of their own Bishop in their own Churches the Bishop had sole power to preferre them and they must undertake the burden of any promotion if he calls them to it without him they might not baptize not consecrate the Eucharist not communicate not reconcile penitents not preach not onely not without his ordination but not without a speciall faculty besides the capacity of their order The Presbyters were bound to obey their Bishops in their sanctions and canonicall impositions even by the decree of the Apostles themselves and the doctrine of Ignatius and the constitution of S. Clement of the Fathers in the Councell of Arles Ancyra and Toledo and many others The Bishops were declared to be Iudges in ordinary of the Clergy and people of their Diocesse by the concurrent suffrages of almost 2000 holy Fathers assembled in Nice Ephesus Chalcedon in Carthage Antioch Sardis Aquileia Taurinum Agatho and by the Emperour and by the Apostles and all this attested by the constant practice of the Bishops of the Primitive Church inflicting censures upon delinquents and absolving them as they saw cause and by the dogmaticall resolution of the old Catholicks declaring in their attributes and appellatives of the Episcopall function that they haye supreme and universall spirituall power viz. in the sense above explicated over all the Clergy and Laity of their Diocesse as that they are higher then all power the image of God the figure of Christ Christs Vicar President of the Church Prince of Priests of authority incomparable unparalell'd power and many more if all this be witnesse enough of the superiority of Episcopall jurisdiction we have their depositions wee may proceed as we see cause for and reduce our Episcopacy to the primitive state for that is truly a reformation id Dominicum quod primum id haereticum quod posterius and then we shall be sure Episcopacy will loose nothing by these unfortunate contestations BUT against the cause it is objected super totam Materiam that Bishops were not Diocesan but Parochiall and therefore of so confin'd a jurisdiction that perhaps our Village or Citty Priests shall advance their Pulpit as high as the Bishops throne * Well! put case they were not Diocesan but parish Bishops what then yet they were such Bishops as had Presbyters and Deacons in subordination to them in all the particular advantages of the former instances 2. If the Bishops had the Parishes what cure had the Priests so that this will debate the Priests as much as the Bishops and if it will confine a Bishop to a Parish it will make that no Presbyter can be so much as a Parish-Priest If it brings a Bishop lower then a Diocesse it will bring the Priest lower then a Parish For set a Bishop where you will either in a Diocesse or a Parish a Presbyter shall still keep the same duty and subordination the same distance still So that this objection upon supposition of the former discourse will no way mend the
confession cannot be meant in respect of order but the Episcopacy is by Divine right a superiour order to the Presbyterate * Adde to this that the arguments which S. Hierome uses in this discourse are to prove that Bishops are sometimes called Presbyters To this purpose he urges Act. 20. And Philippians 1. and the Epistles to Timothy and Titus and some others but all driving to the same issue To what Not to prove that Presbyters are sometimes called Presbyters For who doubts that But that Bishops are so may be of some consideration and needes a proofe and this he Undertooke Now that they are so called must needes inferre an identity and a disparity in severall respects An identity at least of Names for else it had beene wholly impertinent A disparity or else his arguments were to prove idem affirmari de eodem which were a businesse next to telling pins Now then this disparity must be either in order or jurisdiction By the former probation it is sure that he meanes the orders to be disparate If jurisdiction too I am content but the former is most certaine if he stand to his owne principles This identity then which S. Hierome expresses of Episcopus and Presbyter must be either in Name or in Iurisdiction I know not certainely which he meanes for his arguments conclude onely for the identity of Names but his conclusion is for identity of jurisdiction in communi debere Ecclesiam regere is the intent of his discourse If he meanes the first viz that of Names it is well enough there is no harme done it is in confesso apud omnes but concludes nothing as I shall shew hereafter but because he intends so farre as may be guess'd by his words a parity and concurrence of jurisdiction this must be consider'd distinctly 1. Then in the first founding of Churches the Apostles did appoint Presbyters and inferiour Ministers with a power of baptizing preaching consecrating and reconciling in privato foro but did not in every Church at the first founding it constitute a Bishop This is evident in Crete in Ephesus in Corinth at Rome at Antioch 2. Where no Bishops were constituted there the Apostles kept the jurisdiction in their owne hands There comes upon me saith S. Paul daily the care or Supravision of all the Churches Not all absolutely for not all of the Circumcision but all of his charge with which he was once charged and of which he had not exonerated himselfe by constituting Bishops there for of these there is the same reason And againe If any man obey not our word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifie him to me by an Epistle so he charges the Thessalonians and therefore of this Church S. Paul as yet clearely kept the power in his owne hands So that the Church was ever in all the parts of it govern'd by Episcopall or Apostolicall authority 3. For ought appeares in Scripture the Apostles never gave any externall or coercitive jurisdiction in publike and criminall causes nor yet power to ordaine Rites or Ceremonies or to inflict censures to a Colledge of meere Presbyters * The contrary may be greedily swallowed and I know not with how great confidence and prescribing prejudice but there is not in all Scripture any commission from Christ any ordinance or warrant from the Apostles to any Presbyter or Colledge of Presbyters without a Bishop or expresse delegation of Apostolicall authority tanquam viâ—ario suo as to his substitute in absense of the Bishop or Apostle to inflict any censures or take cognisance of persons and causes criminall Presbyters might be surrogati in locum Episcopi absentis but never had any ordinary jurisdiction given them by vertue of their ordination or any commission from Christ or his Apostles This we may best consider by induction of particulars 1. There was a Presbytery at Ierusalem but they had a Bishop alwayes and the Colledge of the Apostles sometimes therefore whatsoever act they did it was in conjunction with and subordination to the Bishop Apostles Now it cannot be denyed both that the Apostles were superiour to all the Presbyters in Ierusalem and also had power alone to governe the Church I say they had power to governe alone for they had the government of the Church alone before they ordayn'd the first Presbyters that is before there were any of capacity to joyne with them they must doe it themselves and then also they must retaine the same power for they could not loose it by giving Orders Now if they had a power of sole jurisdiction then the Presbyters being in some publike acts in conjunction with the Apostles cannot challenge a right of governing as affixed to their Order they onely assisting in subordination and by dependency This onely by the way In Ierusalem the Presbyters were some thing more then ordinary and were not meere Presbyters in the present and limited sense of the word For Barnabas and Iudas and Silas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 S. Luke calls them were of that Presbytery 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They were Rulers and Prophets Chiefe men amongst the Brethren yet called Elders or Presbyters though of Apostolicall power and authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Oeâ—umenius For truth is that diverse of them were ordain'd Apostles with an Vulimited jurisdiction not fix'd upon any See that they also might together with the twelve exire in totum mundum * So that in this Presbytery either they were more then meere Presbyters as Barnabas and Iudas and Silas men of Apostolicall power and they might well be in conjunction with the twelve and with the Bishop they were of equall power not by vertue of their Presbyterate but by their Apostolate or if they were but meere Presbyters yet because it is certaine and proov'd and confess'd that the Apostles had power to governe the Church alone this their taking meere Presbyters in partem regiminis was a voluntary act and from this example was derived to other Churches and then it is most true that Presbyteros in communi Ecclesiam regere was rather consuetudine Ecclesiae then dominicae dispositionis veritate to use S. Hierom's owne expression for this is more evident then that Bishops doe eminere caeteris by custome rather then Divine institution For if the Apostles might rule the Church alone then that the Presbyters were taken into the Number was a voluntary act of the Apostles and although fitting to be retain'd where the same reasons doe remaine and circumstances concurre yet not necessary because not affixed to their Order not Dominicae dispositionis veritate and not laudable when those reasons cease and there is an emergency of contrary causes 2. The next Presbytery we read of is at Antioch but there we find no acts either of concurrent or single jurisdiction but of ordination indeed we doe and that performed by such men as S. Paul was and Barnabas for they were two of the Prophets reckoned in the
without a fixt and limited jurisdiction 4. Either in this place is no jurisdiction at all intimated de antiquo or concredited de novo or if there be it is in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 v. 28. Bishops and Feeders and then it belongs either to the Bishops alone or to the Presbyters in conjunction with and subordination to the Bishops for to the meer Presbyters it cannot be proved to appertaine by any intination of that place 5. How and if these Presbyters which came from Ephesus and the other parts of Asia were made Bishops at Miletus Then also this way all difficulty will be removed And that so it was is more then probable for to be sure Timothy was now entring and fixing upon his See and it was consonant to the practise of the Apostles and the exigence of the thing it selfe when they were to leave a Church to fixe a Bishop in it for why else was a Bishop fixt in Ierusalem so long before in other Churches but because the Apostles were to be scattered from thence and there the first bloudy field of Martyrdome was to be fought And the case was equall here for S. Paul was never to see the Churches of Asia any more and he foresaw that ravening wolves would enter into the folds and he had actually plac'd a Bishop in Ephesus and it is unimaginable that he would not make equall provision for other Churches there being the same necessity from the same danger in them all and either S. Paul did it now or never and that about this time the other sixe Asian Churches had Angels or Bishops set in their candlesticks is plain for there had been a succession in the Church of Pergamus Antipas was dead and S. Timothy had sate in Ephesus and S. Polycarpe at Smyrna many years before S. Iohn writ his Revelation 6. Lastly that no jurisdiction was in the Ephesine Presbyters except a delegate and subordinate appeares beyond all exception by S. Pauls first epistle to Timothy establishing in the person of Timothy power of coercitive jurisdiction over Presbyters and ordination in him alone without the conjunction of any in commission with him for ought appeares either there or else-where * 4. The same also in the case of the Cretan Presbyters is cleare For what power had they of Iurisdiction For that is it we now speak of If they had none before S. Titus came we are well enough at Crete If they had why did S. Paul take it from them to invest Titus with it Or if he did not to what purpose did he send Titus with all those powers before mentioned For either the Presbyters of Crete had jurisdiction in causes criminall equall to Titus after his coming or they had not If they had then what did Titus doe there If they had not then either they had no jurisdiction at all or whatsoever it was it was in subordination to him they were his inferiours and he their ordinary Iudge and Governour 5. One thing more before this be left must be considered concerning the Church of Corinth for there was power of excommunication in the Presbytery when they had no Bishop for they had none of diverse yeares after the founding of the Church and yet S. Paul reprooves them for not ejecting the incestuous person out of the Church * This is it that I said before that the Apostles kept the jurisdiction in their hands where they had founded a Church and placed no Bishop For in this case of the Corinthian incest the Apostle did make himselfe the sole Iudge For I verily as absent in body but present in spirit have judged already and then secondly S. Paul gives the Church of Corinth commission and substitution to proceed in this cause In the name of our Lord Iesus Christ when ye are gathered together and MY SPIRIT that is My power My authority for so he explaines himselfe MY SPIRIT WITH THE POWER OF OUR LORD IESVS CHRIST to deliver him over to Satan And 3. As all this power is delegate so it is but declarative in the Corinthians for S. Paul had given sentence before and they of Corinth were to publish it 4. This was a commission given to the whole assembly and no more concernes the Presbyters then the people and so some have contended but so it is but will serve neither of their turnes neither for an independant Presbytery nor a conjunctive popularity As for S. Paul's reprooving them for not inflicting censures on the peccant I have often heard it confidently averred but never could see ground for it The suspicion of it is v. 2. And ye are puffed up and have not rather mourned that he that hath done this deed might be TAKEN AWAY FROM AMONG YOU Taken away But by whom That 's the Question Not by them to be sure For TAKEN AWAY FROM YOU implies that it is by the power of another not by their act for no man can take away any thing from himselfe He may put it away not take it the expression had been very imperfect if this had been his meaning * Well then In all these instances viz. of Ierusalem Antioch Ephesus Crete and Corinth and these are all I can find in Scripture of any consideration in the present Question all the jurisdiction was originally in the Apostles while there was no Bishop or in the Bishop when there was any And yet that the Presbyters were joyned in the ordering Church affaires I will not deny to wit by voluntary assuming them in partem sollicitudinis and by delegation of power Apostolicall or Episcopall and by way of assistance in acts deliberative and consiliary though I find this no where specified but in the Church of Ierusalem where I prooved that the Elders were men of more power then meere Presbyters men of Apostolicall authority But here lies the issue and straine of the Question Presbyters had no jurisdiction in causes criminall and pertaining to the publick regiment of the Church by vertue of their order or without particular substitution and delegation For there is not in all Scripture any commission given by Christ to meere Presbyters no divine institution of any power of regiment in the Presbytery no constitution Apostolicall that meere Presbyters should either alone or in conjunction with the Bishop governe the Church no example in all Scripture of any censure inflicted by any meere Presbyters either upon Clergy or Laity no specification of any power that they had so to doe but to Churches where Colledges of Presbyters were resident Bishops were sent by Apostolicall ordination not only with power of imposition of hands but of excommunication of taking cognisance even of causes and actions of Presbyters themselves as to Titus and Timothy the Angell of the Church of Ephesus and there is also example of delegation of power of censures from the Apostle to a Church where many Presbyters were fix't as in the case of the Corinthian
Bishop have sequestred them from the holy Communion they must not be suffered to communicate elsewhere But the AUDIENTIA EPISCOPALIS The Bishops Audience-Court is of larger power in the Councell of Chalcedon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If any Clergy man have any cause against a Clergy man let him by no meanes leave his owne Bishop and runne to SECULAR COURTS 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But first leâ— the cause be examined before their owne BISHOP or by the BISHOPS LEAVE before such persons as the contesting parties shall desire 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Whosoever does otherwise let him suffer vnder the censures of the Church Here is not only a subordination of the Clergy in matters criminall but also the civill causes of the Clergy must be submitted to the Bishop under paine of the Canon * I end this with the atâ—estation of the Councell of Sardis exactly of the same Spirit the same injunction and almost the same words with the former Canons Hosius the President said If any Deacon or Priest or of the inferiour Clergy being excommunicated shall goe to another Bishop 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 knowing him to be excommunicated by his owne BISHOP that other Bishop must by no meanes receive him into his communion Thus farre we have matter of publike right and authority declaring the Bishop to be the Ordinary Iudge of the causes and persoâ—s of Clergy men and have power of inflicting censures both upon the Clergy and the Laity And if there be any weight in the concurrent testimony of the Apostolicall-Canons of the Generall Councells of Nice and of Chalcedon of the Councells of Antioch of Sardis of Carthage then it is evident that the Bishop is the Ordinary Iudge in all matters of Spirituall cognisance and hath power of censures and therefore a Superiority of jurisdiction This thing only by the way in all these Canons there is no mention made of any Presbyters assistant with the Bishop in his Courts For though I doubt not but the Presbyters were in some Churches and in some times 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 S. Ignatius calls them counsellors and assessors with the Bishop yet the power and the right of inflicting censures is only expressed to be in the Bishop and no concurrent jurisdiction mention'd in the Presbytery but of this hereafter more particularly * Now we may see these Canons attested by practice and dogmaticall resolution S. Cyprian is the man whom I would choose in all the world to depose in this cause because he if any man hath given all dues to the Colledge of Presbyters and yet if he reserves the Superiority of jurisdiction to the Bishop and that absolutely and independently of conjunction with the Presbytery we are all well enough and without suspition * Diù patientiam meam tenui Fratres Charissimi saith he writing to the Presbyters and Deacons of his Church He was angry with them for admitting the lapsi without his consent and though he was as willing as any man to comply both with the Clergy and people of his Dâ—â—cesse yet he also must assert his owne priviledges and peculiar Quod enim non periculam metuere debemus de offensâ Domini quando aliqui de Presbyteris nec Evangelij nec loci 〈◊〉 memores â—ed neque futurum Domini judicium neque nunc praepositum sibi Episcopum cogitantes quod nunquam omnino sub antecessoribus factum est ut cum coÌ„tumeliâ contemtu Praeposititotum sibi vendicent The matter was that certaine Presbyters had reconciled them that fell in persecution without the performance of penance according to the severity of the Canon and this was done without the Bishops leave by the Presbyters Forgetting their owne place and the GOSPELL and their BISHOP set over them a thing that was never heard of till that time Totum sibi vendicabant They that might doe nothing without the Bishops leave yet did this whole affaire of their owne heads Well! Vpon this S. Cyprian himselfe by his owne authority alone suspends them till his returne and so shewes that his authority was independant theirs was not and then promises they shall have a faire hearing before him in the presence of the Confessors and all the people Vtar eâ admonitione quâ me vti Dominus jubet ut interim prohibeantur offerre acturi apud nos apud Confessores ipsos apud plebem Vniversam causam suam * Here it is plaine that S. Cyprian suspended these Presbyters by his owne authority in absence from his Church and reserved the further hearing of the cause till it should please God to restore him to his See But this fault of the Presbyters S. Cyprian in the two next Epistles does still more exaggerate saying they ought to have ask'd the Bishops leave Sicut in praeteritum semper sub antecessoribus factum est for so was the Catholike custome ever that nothing should be done without the Bishops leave but now by doing otherwise they did prevaricate the divine commandement and dishonour the Bishop Yea but the Confessors interceeded for the lapsi and they seldome were discountenanc'd in their requests What should the Presbyters doe in this caâ—eâ— S. Cyprian tells them writing to the Confessors Petitiones itaque desideria vestra EPISCOPO servent Let them keepe your petitions for the BISHOP to consider of But they did not therefore he suspended them because they did not reservare Episcopo honorem Sacerdotij sui cathedrae Preserve the honour of the Bishops chaire and the Episcopall authority in presuming to reconcile the penitents without the Bishops leave The same S. Cyprian in his Epistle to Rogatianus resolves this affayre for when a contemptuous bold Deacon had abus'd his Bishop he complain'd to S. Cyprian who was an Arch-Bishop and indeed S. Cyprian tells him he did honour him in the businesse that he would complaine to him cum pro EPISCOPATUS VIGORE CATHEDRAE AUTHORITATE haberes potestatem quâ posses de illo statim vindicari When as he had power Episcopall and sufficient authority himselfe to have punish'd the Deacon for his petulancy The whole Epistle is very pertinent to this Question and is cleare evidence for the great authority of Episcopall jurisdiction the summe whereof is in this incouragement given to Rogatianus by S. Cyprian Fungaris circa cum POTESTATE HONORIS TUI ut eum vel deponas vel abstineas Exercise the power of your honour upon him and either suspend him or depose him * And therefore he commends Cornelius the Bishop of Rome for driving Felicissimus the Schismatick from the Church vigore pleno quo Episcopum agere oportet with full authority as becomes a Bishop Socrates telling of the promotion and qualities of S. Iohn Chrysostome saies that in reforming the lives of the Clergy he was too fastuous and severe Mox igitur in ipso initio quum Clericis asper videretur Ecclesiae
* For my owne particular I am confident that my Lords the Bishops doe so undervalue any fastuous or pompous title that were not the duty of their people in it they would as easily reject them as it is our duties piously to use them But if they still desire appellatives of honour we must give them they are their due if they desire them not they deserve them much more So that either for their humility or however for their works sake we must highly honour them that have the rule over us It is the precept of S. Paul and S. Cyprian observing how Curious our blessed Saviour was that he might give honour to the Priests of the Iewes even then when they were reeking in their malice hot as the fire of Hell he did it to teach us a duty Docuit enim Sacerdotes veros LEGITIME ET PLENE HONORARI dum circa falsos Sacerdotes ipse talis extitit It is the argument he uses to procure a full honour to the Bishop * To these I adde If fitting in a THRONE even above the seate of Elders be a title of a great dignity then we have it confirmed by the voice of all Antiquity calling the Bishops chaire A THRONE and the investiture of a Bishop in his Church AN INTHRONIZATION Quando INTHRONIZANTUR propter communem utilitatem Episcopi c saith P. Anterus in his decretall Epistle to the Bishops of Boetica and Toledo INTHRONING is the Primitive word for the consecration of a Bishop Sedes in Episcoporum Ecclesâ—is excelsae constitutae praeparatae UT THRONUS speculationem potestatem judicandi à Domino sibi datam materiam docent saith Vrban And S. Ignatius to his Deacon Hero 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I trust that the Father of our Lord Iesus Christ will show to me Hero sitting upon my THRONE ** The summe of all is this Bishops if they must be at all most certainly must be beloved it is our dutyes and their worke deserves it S. Paul was as deare to the Galathians as their eyes and it is true eternally Formâ—sipedes Evangelizantium the feete of the Preachers of the Gospell are beauteous and then much more of the chiefe Ideo ista praetulimus charissimi vt intelligatis potestatem Episcoporum vestrorum in eisque Deum veneremini eos UT ANIMAS VESTRAS diligatis vt quibus illi non communicant non communicetis c Now love to our Superiours is ever honourable for it is more then amicitia that 's amongst Peeres but love to our Betters is Reverence Obedience and high Estimate And if we have the one the dispute about the other would be a meere impertinence I end this with the saying of S. Ignatius vâ—s decet non contemnere aetatem Episcopi sed juxta Dei Patris arbitrium OMNEM ILLI IMPERTIRI REVERENTIAM It is the WILL OF GOD the Father that we should give all REVERENCE HONOUR or veneration to our Bishops VVELL However things are now It was otherwise in the Old Religion for no honour was thought too great for them whom God had honourd with so great degrees of approximation to himselfe in power and authority But then also they went further For they thought whom God had intrusted with their soules they might with an equall confidence trust with their personall actions and imployments of greatest trust For it was Great Consideration that they who were Antistites religionis the Doctors and great Dictators of Faith and conscience should be the composers of those affayres in whose determination a Divine wisdome and interests of conscience and the authority of religion were the best ingredients But it is worth observing how the Church and the Common-wealth did actions contrary to each other in pursuance of their severall interests The Common-wealth still enabled Bishops to take cognisance of causes and the confidence of their owne people would be sure to carry them thither where they hop'd for faire issue upon such good grounds as they might fairely expect from the Bishops abilityes authority and religion But on the other side the Church did as much decline them as shee could and made sanctions against it so farre as shee might without taking from themselves all opportunities both of doing good to their people and ingaging the secular arme to their owne assistance But this we shall see by consideration of particulars 1. It was not in Naturâ rei unlawfull for Bishops to receive an office of secular imployment S. Paul's tent-making was as much against the calling of an Apostle as sitting in a secular tribunall is against the office of a Bishop And it is hard if we will not allow that to the conveniences of a Republike which must be indulged to a private personall necessity But we have not S. Paul's example onely but his rule too according to Primitive exposition Dare any of you having a matter before another goe to law before the Vnjust and not before the Saints If then ye have judgements of things pertaining to this life set them to judge who are least esteemed in the Church who are they The Clergy I am sure now adayes But S. Ambrose also thought that to be his meaning seriously Let the Ministers of the Church be the Iudges For by least esteemed he could not meane the most ignorant of the Laity they would most certainly have done very strange justice especially in such causes which they Understand not No but set them to judge who by their office are Servants and Ministers of all and those are the Clergy who as S. Paul's expression is Preach not themselves but Iesus to be the Lord and themselves your servants for Iesus sake Meliùs dicit apud Dei Ministros agere causam Yea but S. Paul's expression seemes to exclude the Governours of the Church from intermedling Is there not one wise man among you that is able to Iudge betweene his Brethren Why Brethren if Bishops and Priests were to be the Iudges they are Fathers The objection is not worth the noting but onely for S. Ambrose his answer to it Ideò autem Fratrem Iudicem eligendum dicit quià adhuc Rector Ecclesiae illorum non erat ordinatus S. Paul us'd the word Brethren for as yet a Bishop was not ordained amongst them of that Church intimating that the Bishop was to be the man though till then in subsidium any prudent Christian man might be imployed 2. The Church did alwaies forbid to Clergy-men A VOLUNTARY ASSUMPTION of ingagements in REBUS SAECULI So the sixth Canon of the Apostles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Bishop and a Priest and a Deacon must not assume or take on himselfe worldly cares If he does let him be depos'd Here the Prohibition is generall No worldly cares Not domestick But how if they come on him by Divine imposition or accident That 's nothing if he does not assume them that is by his voluntary
in the proportion of the Donative 3. But the assistance that the Kings of England had in their Counsells and affaires of greatest difficulty from the great ability of Bishops and other the Ministers of the Church I desire to represent in the words of K. Alvred to Walfsigeus the Bishop in an Epistle where he deplores the misery of his owne age by comparing it with the former times when the Bishops were learn'd and exercis'd in publike Counsels Faelicia tum tempora fuerunt inter omnes Angliae populos Reges Deo scriptae ejus voluntati obsecundârunt in suâ pace bellicis expeditionibus atque regimine domestico domi se semper tutati fuerint atque etiam foris nobilitatem suam dilataverint The reason was as he insinuates before Sapiâ—ntes extiterunt in Anglicâ gente de spirituali gradu c. The Bishops were able by their great learning and wisdome to give assistance to the Kings affaires And they have prosper'd in it for the most glorious issues of Divine Benison upon this Kingdome were conveyed to us by Bishops hands I meane the Union of the houses of York Lancaster by the Counsells of Bishop Morton and of England Scotland by the treaty of Bishop Fox to which if we adde two other in Materia religionis I meane the conversion of the Kingdom from Paganisme by S t Augustine Archbishop of Canterbury and the reformation begun and promoted by Bishops I think we cannot call to mind foure blessings equall to these in any age or Kingdome in all which God was pleased by the mediation of Bishops as he useth to doe to blesse the people And this may not only be expected in reason but in good Divinity for amongst the gifts of the spirit which God hath given to his Church are reckon'd Doctors Teachers and helps in government To which may be added this advantage that the services of Church-men are rewardable upon the Churches stock no need to disimprove the Royall Banks to pay thanks to Bishops But Sir I grow troublesome Let this discourse have what ends it can the use J make of it is but to pretend reason for my Boldnesse and to entitle You to my Book for I am confident you will owne any thing that is but a friends friend to a cause of Loyalty I have nothing else to plead for your acceptance but the confidence of your Goodnesse and that I am a person capeable of your pardon and of a faire interpretation of my addresse to you by being SIR Your most affectionate Servant J. TAYLOR Syllabus Paragraphorum § 1. Christ did institute a government in his Church p. 7 2 This government was first committed to the Apostles by Christ p. 12 3. With a power of joyning others and appointing Successours in the Apostolate p. 13 4. This succession into the ordinary office of Apostolate is made by Bishops p. 15. For the Apostle and the Bishop are all one in name and person 5. And office p. 20. 6. Which Christ himselfe hath made distinct from Presbyters p. 22 7. Giving to Apostles a power to doe some offices perpetually necessary which to others he gave not p. 23 As of Ordination 8. And Confirmation p. 28 9. And superiority of Iurisdiction p. 35 10. So that Bishops are successors in the office of Apostleship according to the generall tenent of antiquitie p. 49 11. And particularly of S. Peter p. 54 12 And the institution of Episcopacy as well as of the Apostolate expressed to be Divine by primitive authority p. 62 13 In pursuance of the Divine institution the Apostles did ordain Bishops in severall Churches p. 68 As S t Iames at Ierusalem S. Simeon to be his successor 14 S. Timothy at Ephesus p. 75 15 S. Titus at Creet p. 85 16 S. Mark at Alexandria p. 93 17 S. Linus and S. Clement at Rome p. 96 18 S. Polycarp at Smyrna and divers others p. 97 19 So that Episcopacy is at least an Apostolicall Ordinance of the same authority with many other points generally believed p. 100 20 And was an office of power and great authority p. 102 21 Not lessened by the assistance and Councell of Presbyters p. 104 22 And all this hath been the faith and practice of Christendome p. 125 23 Who first distinguished names used before in common p. 128 24 Appropriating the word Episcopus or Bishop to the supream Church-Officer p. 139 25 Calling the Bishop and him onely the Pastor of the Church p. 145 26 And Doctor p. 149 27 And Pontifex And Sacerdos p. 150 28 And these were a distinct order from the rest p. 156 29 To which the Presbyterate was but a degree p. 160 30 There being a peculiar manner of Ordination to a Bishoprick p. 161 31 To which Presbyters never did assist by imposing hands p. 164 32 Bishops had a power distinct and superiour to that of Presbyters p. 175 33 Power of Confirmation p. 198 34 Power of Iurisdiction p. 209 Which they expressed in attributes of authority and great power 35 Vniversall obedience given to Bishops by Clergy and Laity p. 214 36 Bishops were appointed Iudges of the Clergy and spirituall causes of the Laity p. 220 37 Presbyters forbidden to officiate without Episcopall license p. 251 38 Church-goods reserved to Episcopal dispensatioÌ„ 264 39 Presbyters forbidden to leave their own Dioces or to travell without leave of the Bishop p. 266 40 The Bishop had power to prefer which of his Clerks he pleased p. 267 41 Bishops onely did vote in Councels and neither Presbyters nor People p. 282 42 The Bishop had a propriety in the persons of his Clerks p. 292 43 The Bishops Iurisdiction was over many Congregations or Parishes p. 295 44 Their Iurisdiction was ayded by Presbyters but not impayred p. 311 45 The government of the Church by Bishops was believed necessary p. 323 46 They are Schismaticks that separate from their Bishop p. 327 47 And Hereticks p. 329 48 Bishops were alwaies in the Church men of great honour p. 335 49 And trusted with affaires of Secular interest p. 351 50 And therefore were inforced to delegate their power and put others in substitution p. 371 51 But they were ever Clergy-men for there never was any lay-Elders in any Church-office heard of in the Church p. 375 ERRATA PAg. 21. line 8. insert except S. John Pag. 141. l. 15. Presbyters read Bishops Pag. 243. line 14. after Episcopacy insert c. l. 15. after Bishops insert Clerk Pag. 354. l. 11. read were Farmers OF THE Sacred Order and Offices of EPISCOPACY BY DIVINE INSTITUTION APOSTOLICALL TRADITION Catholick practise c. IN all those accursed machinations which the device and artifice of Hell hath invented for the supplanting of the Church Inimicus homo that old superseminator of heresies and crude mischiefes hath indeavoured to be curiously compendious and with Tarquin's device putare summa papaverum And therefore in the three ages of Martyrs it was
a rul'd case in that Burgundian forge Qui prior erat dignitate prior trahebatur ad Martyrium The Priests but to be sure the Bishops must pay for all Tolleimpios Polycarpus requiratur Away with these pedling persecutions 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lay the axe at the root of the tree Insomuch that in Rome from S. Peter and S. Paul to S. Sylvester thirty three Bishops of Rome in immediate succession suffered an Honourable and glorious Martyrdome unlesse Meltiades be perhaps excepted whom Eusebius and Optatus report to have lived till the time of the third Consulship of Constantine and Licinius Conteret caput ejus was the glorious promise Christ should break the Divell's head and though the Divell 's active part of the Duell was farre lesse yet he would venture at that too even to strike at the heads of the Church capita vicaria for the head of all was past his striking now And this I say he offered to doe by Martyrdome but that insteed of breaking crown'd them His next onset was by Iulian and occidere Presbyterium that was his Province To shut up publick Schooles to force Christians to ignorance to impoverish and disgrace the Clergy to make them vile and dishonourable these were his arts and he did the Divell more service in this finenesse of undermining then all the open battery of the ten great Rammes of persecution But this would not take For that which is without cannot defile a man So it is in the Church too Cedunt in bonum all violences ab extrâ— But therefore besides these he attempted by heresies to rent the Churches bowels all in pieces but the good Bishops gathered up the scattered pieces reunited them at Nice at Constantinople at Ephesus at Chalcedon at Carthage at Rome and in every famous place of Christendome and by God's goodnesse and the Bishops industry Catholick religion was conserved in Vnity and integrity Well! however it is Antichrist must come at last and the great Apostacy foretold must be and this not without means proportionable to the production of so great declensions of Christianity When ye heare of warres and rumors of warres be not afraid said our B. Saviour the end is not yet It is not warre that will doe this great work of destruction for then it might have been done long ' ere now What then will doe it We shall know when we see it In the meane time when we shall find a new device of which indeed the platforme was laid in Aërius and the Acephali brought to a good possibility of compleating a thing that whosoever shall heare his â—ars shall tingle an abhomination of desolation standing where it ought not in sacris in holy persons and places and offices it is too probable that this is the praeparatory for the Antichrist and grand Apostacy For if Antichrist shall exalt himselfe above all that is called God and in Scripture none but Kings and Priests are such Dii vocati Dii facti I think we have great reason to be suspitious that he that devests bâ—th of their power and they are if the King be Christian in very neer conjunction does the work of Antichrist for him especially if the men whom it most concernes will but call to mind that the discipline or Government which Christ hath instituted is that Kingdome by which he governes all Christendome so themselves have taught us so that in case it be proved that Episcopacy is that government then they to use their own expressions throw Christ out of his Kingdome and then either they leave the Church without a head or else put Antichrist in substitution We all wish that our feares in this and all things else may be vaine that what we feare may not come upon us but yet that the abolition of Episcopacy is the fore-runner and praparatory to the great Apostacy I have these reasons to shew at least the probability First Because here is a concurse of times for now after that these times have been called the last times for 1600 years together our expectation of the Great revelation is very neer accomplishing what a Grand innovation of Ecclesiasticall government contrary to the faith practice of Christendome may portend now in these times when we all expect Antichrist to be revealed is worthy of a jealous mans inquiry Secondly Episcopacy if we consider the finall cause was instituted as an obstructive to the diffusion of Schisme and Heresy So S. Hierome In toto orbe decretum est ut unus de Presbyteris electus superponeretur coeteris VT SCHISMATVM SHMINA TOLLEâ—ENTUR And therefore if Vnity and division be destructive of each other then Episcopacy is the best deletery in the world for Schisme and so much the rather because they are in eâdem materiâ for Schisme is a division for things either personall or accidentall which are matters most properly the subject of government and there to be tryed there to receive their first and last breath except where they are starv'd to death by a desuetude and Episcopacy is an Unity of person governing and ordering persons and things accidentall and substantiall and therefore a direct confronting of Schisme not only in the intention of the author of it but in the nature of the institution Now then although Schismes alwaies will be and this by divine prediction which clearly showes the necessity of perpetuall Episcopacy and the intention of its perpetuity either by Christ himselfe ordaining it who made the prophecy or by the Apostles and Apostolick men at least who knew the prophecy yet to be sure these divisions and dangers shall be greater about and at the time of the Great Apostacy for then were not the houres turned into minutes an universall ruine should seize all Christendome No flesh should be saved if those daies were not shortned is it not next to an evidence of fact that this multiplication of Schismes must be removendo prohibens and therefore that must be by invalidating Episcopacy ordayn'd as the remedy and obex of Schisme either tying their hands behind them by taking away their coërcion or by putting out their eyes by denying them cognisance of causes spirituall or by cutting off their heads and so destroying their order How farre these will lead us I leave to be considered This only Percute pastores atque oves despergentur and I believe it will be verified at the comming of that wicked one I saw all Israel scattered upon the Mountaines as sheep having no sheapheard I am not new in this conception I learn't it of S. Cyprian Christi adversarius Ecclesiae ejus inimicus ad hoc ECCLESIAE PRAEPOSITVM suâ infestatione persequitur ut Gubernatore sublato atrociùs atque violentiùs circà Ecclesiae naufragia grassetur The adversary of Christ and enemy of his Spouse therefore persecutes the Bishop that having taken him away he may without check pride himselfe in the ruines of the Church and a little
after speaking of them that are enemies to Bishops he sayes that Antichristi jam propinquantis adventum imitantur their deportment is just after the guise of Antichrist who is shortly to be revealed But be this conjecture vaine or not the thing of it selfe is of deep consideration and the Catholick practise of Christendome for 1500 years is so insupportable a prejudice against the enemies of Episcopacy that they must bring admirable evidence of Scripture or a cleare revelation proved by Miracles or a contrary undoubted tradition Apostolicall for themselves or else hope for no beliefe against the prescribed possession of so many ages But before I begin mee thinks in this contestation ubi potior est conditio possidentis it is a considerable Question what will the Adversaries stake against it For if Episcopacy cannot make its title good they loose the benefit of their prescribed possession If it can I feare they will scarce gain so much as the obedience of the adverse party by it which yet already is their due It is very unequall but so it is ever when Authority is the matter of the Question Authority never gaines by it for although the cause goe on its side yet it looses costs and dammages for it must either by faire condescention to gain the adversaries ' loose something of it selfe or if it asserts it selfe to the utmost it is but where it was but that seldome or never happens for the very questioning of any authority hoc ipso makes a great intrenchment even to the very skirts of its cloathing But hûc deventumest Now we are in we must goe over FIrst then that wee may build upon a Rock Christ did institute a government to order and rule his Church by his authority according to his lawes and by the assistance of the B. Spirit 1. If this were not true how shall the Church be governed For I hope the adversaries of Episcopacy that are so punctuall to pitch all upon Scripture ground will be sure to produce cleare Scripture for so maine a part of Christianity as is the forme of the Government of Christs Church And if for our private actions and duties Oeconomicall they will pretend a text I suppose it will not be thought possible Scripture should make default in assignation of the publick Government insomuch as all lawes intend the publick and the generall directly the private and the particular by consequence only and comprehension within the generall 2. If Christ himselfe did not take order for a government then we must derive it from humane prudence and emergency of conveniences and concurse of new circumstances and then the Government must often be changed or else time must stand still and things be ever in the same state and possibility Both the consequents are extreamely full of inconvenience For if it be left to humane prudence then either the government of the Church is not in immediate order to the good and benison of soules or if it be that such an institution in such immediate order to eternity should be dependant upon humane prudence it were to trust such a rich commodity in a cock-boat that no wise Pilot will be supposed to doe But if there be often changes in government Ecclesiasticall which was the other consequent in the publike frame I meane and constitution of it either the certain infinity of Schismes will arise or the dangerous issues of publick inconsistence and innovation which in matters of religion is good for nothing but to make men distrust all and come the best that can come there will be so many Church-governments as there are humane Prudences For so if I be not mis-informed it is abroad in some townes that have discharged Episcopacy At S t Galles in Switzerland there the Ministers and Lay-men rule in Common but a Lay-man is president But the Consistories of Zurick and Basil are wholly consistent of Lay-men and Ministers are joyned as assistants only and Counsellors but at Schaffhausen the Ministers are not admitted to so much but in the Huguenot Churches of France the Ministers doe all 3. In such cases where there is no power of the sword for a compulsory and confessedly of all sides there can be none in causes Courts Ecclesiasticall if there be no opinion of Religion no derivation from a divine authority there will be sure to be no obedience and indeed nothing but a certain publick calamitous irregularity For why should they obay Not for Conscience for there is no derivation from divine authority Not for feare for they have not the power of the sword 4. If there be such a thing as the power of the keyes by Christ concredited to his Church for the binding and loosing delinquents and penitents respectively on earth then there is clearely a Court erected by Christ in his Church for here is the delegation of Iudges Tu Petrus vâ—s Apostoli whatsoever ye shall bind Here is a compulsory ligaveritis Here are the causes of which they take cognisance Quodcunque viz. in materiâ scandali For so it is limited Matth. 18. but it is indefinite Matth. 16. and Vniversall Iohn 20. which yet is to be understood secundùm materiam subjectam in causes which are emergent from Christianity ut sic that secular jurisdictions may not be intrenched upon But of this hereafter That Christ did in this place erect a Iurisdiction and establish a government besides the evidence of fact is generally asserted by primitive exposition of the Fathers affirming that to S. Peter the Keys were given that to the Church of all ages a power of binding and loosing might be communicated Has igitur claves dedit Ecclesiae ut quae solveret in terrâ sâ—luta essent in coelo scil ut ut quisquis in Ecclesiâ ejus dimitti sibi peccata crederet seque ab iis correctus averteret in ejusdem Ecclesiae gremio constitutus eâdem side atque correctione sanaretur So S. Austin And againe Omnibus igitur sanctis ad Christi corpus inseparâ—bilitèr pertinentibus propter hujus vitae proceâ—â—osissima gubernacuâ—um ad ligandâ— solvenda peccatâ— claves regni coelorum primuâ— Apostolorum Petrus accepit Quoniam nec ille solus sed universa Ecclesia ligat solvitque peccata S. Peter first received the government in the power of binding and loosing But not he alone but all the Church to wit all succession and ages of the Church Vniversa Ecclesia viz. in Pastoribus solis as S. Chrysostom In Episcopis Presbyteris as S. Ierome The whole Church as it is represented in the Bishops and Presbyters The same is affirmed by Tertullian S. Cyprian S. Chrysostome S. Hilary Primasius and generally by the Fathers of the elder and Divines of the middle ages 5. When our blessed Saviour had spoken a parable of the sudden coming of the sonne of Man commanded them therefore with diligence to stand upon their watch the Disciples asked
erat plurimis exâ—sus veluti furiosum universi declinabant He was so rigid in animadversions against the Clergy that he was hated by them which clearely showes that the Bishop had jurisdiction and authority over them for tyranny is the excesse of power authority is the subject matter of rigour and austerity But this power was intimated in that bold speech of his Deacon Serapio nunquam poteris â Episcope hos corrigere nisi uno baculo percusseris Vniversos Thou canst not amend the Clergy unlesse thou strikest them all with thy Pastorall rod. S. Iohn Chrystome did not indeed doe so but non multum post temporis plurimos clericorum pro diversis exemit causis He deprived and suspended most of the Clergy men for diverse causes and for this his severity he wanted no slanders against him for the delinquent Ministers set the people on work against him * But here we see that the power of censures was clearely and only in the Bishop for he was incited to have punished all his Clergy Vniversos And he did actually suspend most of them plurimos and I think it will not be believed the Presbytery of his Church should joyne with their Bishop to suspend themselves Adde to this that Theodoret also affirmes that Chrysostome intreated the Priests to live Canonically according to the sanctions of the Church quas quicunque praevaricari praesumerent eas ad tomplum prohibebat accedere ALL them that transgressed the Canons he forbad them entrance into the Church *** Thus S. Hierome to Riparius Miror sanctum Episcopum in cujus Parochiâ esse Presbyter dicitur acquiescere furori ejus non virgâ APOSTOLICA virgâque ferreâ confringere vas inutile tradere in interitum carnis ut spiritus salvus fiat I wonder saith he that the holy Bishop is not mov'd at the fury of Vigilantius and does not breake him with his APOSTOLICALL rod that by this temporary punishment his soule might be saved in the day of the Lord. * Hitherto the Bishops Pastorall staffe is of faire power and coërcion The Councell of Aquileia convoked against the Arians is full and mighty in asserting the Bishops power over the Laity and did actually exercise censures upon the Clergy where S. Ambrose was the Man that gave sentence against Palladius the Arian Palladius would have declined the judgement of the Bishops for he saw he should certainly be condemned and would faine have been judg'd by some honourable personages of the Laity But S. Ambrose said Sacerdotes de Laicis judicare debent non Laici de Sacerdotibus Bishops must judge of the Laity not the Laity of Bishops That 's for the jus and for the factum it was the shutting up of the Councell S. Ambrose Bishop of Millaine gave sentence Pronuncio illum indignum Sacerdotio carendum in loco ejus Catholicus ordinetur * The same also was the case of Marcellus Bishop of Ancyra in Galatia whom for heresy the Bishops at Constantinople depos'd Eusebius giving sentence and chose Basilius in his Roome * But their Grand-father was serv'd no better Alexander Bishop of Alexandria serv'd him neither better nor worse So Theodoret. Alexander autem Apostolicorum dogmatum praedicator priùs quidem revocare eum admonitionibus consilijs nitebatur Cùm verò eum superbire vidisset apertè impietatis facinora praedicare ex ordine Sacerdotali removit The Bishop first admonish'd the heretick but when to his false doctrine he added pertinacy he deprived him of the execution of his Priestly function This crime indeed deserv'd it highly It was for a lesse matter that Triferius the Bishop excommunicated Exuperantius a Presbyter viz. for a personall misdemeanour and yet this censure was ratified by the Councell of Taurinum and his restitution was left arbitrio Episcopi to the good will and pleasure of the Bishop who had censur'd him statuit quoque de Exuperantio Presbytero sancta Synoduâ— qui ad injuriam sancti Episcopi sui Triferii gravia multa congesserat frequentibus â—um contumeliis provocaverat .... propter quam causam ab eo fuerat Dominicâ communione privatus ut in ejus sit arbitrio restitutio ipsius in cujus potestate ejus fuit abjectio His restitution was therefore left in his power because originally his censure was * The like was in the case of Palladius a Laick in the same Councell qui à Triferio Sacerdote fuerat mulctatus who was punished by Triferius the Bishop hoc ei humanitate Concilii reservato at ipse Triferius in potestate habeat quando voluerit ei relaxare Here is the Bishop censuring Palladius the Laick and excommunicating Exuperantius the Priest and this having been done by his own sole authority was ratified by the Councell and the absolution reserv'd to the Bishop too which indeed was an act of favour for they having complain'd to the Councell by the Councell might have been absolved but they were pleased to reserve to the Bishop his owne power These are particular instances and made publike by acts conciliary intervening But it was the Generall Canon and Law of H. Church Thus we have it expressed in the Councell of Agatho Contumaces verò Clerici prout dignitatis ordo permiserit ab Episcopis corrigantur Refractary Clerks must be punished by their Bishops according at the order of their dignity allowes I end this particular with some Canons commanding Clerks to submit to the judgement and censures of their Bishop under a Canonicall penalty and so goe on ad alia In the second Councell of Carthage Alypius Episcopus dixit nee illud praetermittendum est ut si quis fortè Presbyter ab Episcopo suo correptus aut excommunicatus rumore vel superbiâ inflatus putaverit separatim Deo sacrificia offerenda vel aliud erigendum altare contra Ecclesiasticam fidem disciplinamque crediderit non exeat impunitus And the same is repeated in the Greeke Code of the African Canons If any Presbyter being excommunicated or otherwise punished by his Bishop shall not desist but contest with his Bishop let him by no means goe unpunished * The like is in the Councell of Chalcedon the words are the same that I before cited out of the Canons of the Councell of Antioch and of the Apostles But Carosus the Archimandrite spake home in that action 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The faith of the 318 Fathers of the Councell of Nice into which I was baptized I know Other faith I know not They are Bishops They have power to excommunicate and condemne and they have power to doe what they please other faith then this I know none * This is to purpose and it was in one of the foure great Councells or Christendome which all ages since have received with all veneration and devout estimate Another of them was that of Ephesus conven'd against Nestorius and this ratifies those acts of
condemnation which the Bishops had passed upon delinquent Clerks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. They who are for their unworthy practices condemned by the Synod or by their OWN BISHOPS although Nestorius did endeavour to restore them yet their condemnation should still remaine vigorous and confirm'd Vpon which Canon Balsamon makes this observation which indeed of it selfe is cleare enough in the Canon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hence you have learn'd that Metropolitans and Bishops can judge their Clergy and suspend them and sometimes depose them Nay they are bound to it Pastoralis tamen necessitas habet ne per plures serpant dira contagia separare ab ovibus sanis morbidam It is necessary that the BISHOP should separate the scabbed sheep from the sound least their infection scatter so S. Austin * And therefore the fourth Councell of Carthage commands ut Episcopus accusatores Fratrum excommunicet That the Bishop excommunicate the accuser of their Brethren viz. such as bring Clergy causes* and Catholick doctrine to be punished in secular tribunalls For Excommunication is called by the Fathers Mucro Episcopalis the Bishops sword to cut offenders off from the Catholike communion I adde no more but that excellent saying of S. Auâ—tin which doth freely attest both the preceptive 〈…〉 power of the Bishop over his whole 〈◊〉 Ergo praecipiant tantummodò nobis quid facere debeiamus qui nobis praesunt faciamus orent pro nobis non autem nos corripiant arguant si non fecerimus Imó omnia fiant quoniam Doctâ—res Ecclesiarum Apostoli omnia faciebant praecipiebant quae fierent corripiebant si non fierent c. And againe Corripiantur itaque à praepositis suis subditi correptionibus de charitate venientibus pro culparum diversitate diversis vel minoribus vel amplioribus quia ipsa quae damnatio nominatur quam facit Episcopale judicium quâ poenâ in Ecclesiâ nulla major est potest si Deus voluerit in correptionem saluberrimam cedere atque proficere Here the Bishops have a power acknowledged in them to command their Diocesse and to punish the disobedient and of excommunication by way of proper Ministery damnatio quam facit Episcopale judicium a condemnation of the Bishops infliction Thus it is evident by the constant practice of Primitive Christendome by the Canons of three Generall Counsells and divers other Provinciall which are made Catholick by adoption and inserting them into the Code of the Catholick Church that the Bishop was Iudge of his Clergy and of the Lay-people of his Diocesse that he had power to inflict censures upon them in case of delinquency that his censures were firme and valid and as yet we find no Presbyters joyning either in commission or fact in power or exercise but excommunication and censures to be appropriated to Bishops and to be only dispatch't by them either in full Councell if it was a Bishops cause or in his own Consistory if it was the cause of a Priest or the inferior Clergy or a Laick unlesse in cases of appeale and then it was in plenâ— Concilio Episcoporum in a Synod of Bishops And all this was confirmed by secular authority as appears in the Imperiall Constitutions For the making up this Paragraph complete I must insert two considerations First concerning universality of causes within the Bishops cognisance And secondly of Persons The Ancient Canons asserting the Bishops power in Cognitione causarum speake in most large and comprehensive termes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They have power to doe what they list Their power is as large as their will So the Councell of Chalcedon before cited It was no larger though then S. Pauls expression for to this end also did I write that I might know the proofe of you whether ye be obedient IN ALL THINGS A large extent of power when the Apostles expected an Universall obedience 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And so the stile of the Church runne in descention 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Ignatius ye must doe NOTHING without your BISHOP 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to contradict him in NOTHING The expression is frequent in him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to comprehend all things in his judgement or cognisance so the Councell of Antioch * But these Universall expressions must be understood secundùm Materiam subjectam so S. Ignatius expresses himselfe Ye must without your Bishop doe nothing nothing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of things pertaining to the Church So also the Councell of Antioch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The things of the Church are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 committed to the Bishop to whom all the people is intrusted They are Ecclesiasticall persons it is an Ecclesiasticall power they are indowed with it is for a spirituall end viz the regiment of the Church and the good of soules and therefore only those things which are in this order are of Episcopall cognisance And what things are those 1. Then it is certaine that since Christ hath proâ—essed his Kingdome is not of this world that government which he hath constituted de novo does no way in the world make any intrenchment upon the Royalty Hostis Herodes impie Christum venire quid times Non cripit mortalia Qui regna dat Coelestia So the Church us'd to sing Whatsoever therefore the secular tribunall did take cognisance of before it was Christian the same it takes notice of after it is Christ'ned And these are all actions civill all publike violations of justice all breach of Municipall lawes These the Church hath nothing to doe with unlesse by the favour of Princes and common-wealths it be indulged to them in honorem Dei S. Matris Ecclesiae but then when it is once indulged that act which does annull such pious vowes is just contrary to that religion which first gave them and then unlesse there was sinne in the donative the ablation of it is contra honorem Dei S. Matris Ecclesiae But this it may be is impertinent 2. The Bishops ALL comes in after this And he is judge of all those causes which Christianity hath brought in upon a new stock by it's new distinctive Principles I say by it's new Principles for there where it extends justice and pursues the lawes of nature there the secular tribunall is also extended if it be Christian The Bishop gets nothing of that But those things which Christianity as it prescinds from the interest of the republike hath introduc'd all them and all the causes emergent from them the Bishop is judge of Such are causes of faith Ministration of Sacraments and Sacramentals subordination of inferiour Clergy to their Superiour censures irregularities Orders hierarchicall rites and ceremonies liturgyes and publike formes of prayer as is famous in the Ancient story of Ignatius teaching his Church the first use of Antiphona's and Doxologyes and thence was deriv'd to all Churches of Christendome and all such things as
are in immediate dependance of these as dispensation of Church Vessels and Ornaments and Goods receiving and disposing the Patrimony of the Church and whatsoever is of the same consideration according to the 41 Canon of the Apostles Praecipimus ut in potestate suâ Episcopus Ecclesiae res habeat Let the Bishop have the disposing the goods of the Church adding this reason Si enim animae hominum pretiosae illi sint credita multò magis eum oportet curam pecuniarum gerere He that is intrusted with our pretious soules may much more be intrusted with the offertoryes of faithfull people 3. There are some things of a mixt nature and something of the secular interest and something of the Ecclesiasticall concurre to their constitution and these are of double cognisance the secular power and the Ecclesiasticall doe both in their severall capacities take knowledge of them Such are the delinquencyes of Clergy-men who are both Clergy and subjects too Clerus Domini and Regis subditi and for their delinquencyes which are in materiâ justitiae the secular tribunall punishes as being a violation of that right which the State must defend but because done by a person who is a member of the sacred hierarchy and hath also an obligation of speciall duty to his Bishop therefore the Bishop also may punish him And when the commonwealth hath inflicted a penalty the Bishop also may impose a censure for every sinne of a Clergy-man is two But of this nature also are the convening of Synods the power whereof is in the King and in the Bishop severally insomuch as both the Church and the commonwealth in their severall respects have peculiar interest The commonwealth for preservation of peace and charity in which religion hath the deepest interest and the Church for the maintenance of faith And therefore both Prince and Bishop have indicted Synods in severall ages upon the exigence of severall occasions and have severall powers for the engagement of Clericall obedience and attendance upon such solemnities 4. Because Christianity is after the common-wealth and is a capacity superadded to it therefore those things which are of mixt cognisance are chiefly in the King The Supremacy here is his and so it is in all things of this nature which are called Ecclesiasticall because they are in materiâ Ecclesiae ad finem religionis but they are of a different nature and use from things Spirituall because they are not issues of those things which Christianity hath introduc'd de integro and are separate from the interest of the commonwealth in it's particular capacity for such things only are properly spirituall 5. The Bishops jurisdiction hath a compulsory deriv'd from Christ only viz. infliction of censures by excommunications or other minores plagae which are in order to it But yet this internall compulsory through the duty of good Princes to God and their favour to the Church is assisted by the secular arme either superadding a temporall penalty in case of contumacy or some other way abetting the censures of the Church and it ever was so since commonwealths were Christian. So that ever since then Episcopall Iurisdiction hath a double part an externall and an internall this is deriv'd from Christ that from the King which because it is concurrent in all acts of Iurisdiction therefore it is that the King is supreme of the Iurisdiction viz. that part of it which is the externall compulsory * And for this cause we shall sometimes see the Emperour or his Prefect or any man of consular dignity sit Iudge when the Question is of Faith not that the Prefect was to Iudge of that or that the Bishops were not But in case of the pervicacy of a peevish heretick who would not submitt to the power of the Church but flew to the secular power for assistance hoping by taking sanctuary there to ingage the favour of the Prince In this case the Bishops also appealed thither not for resolution but assistance and sustentation of the Church's power * It was so in the case of Aëtius the Arian Honoratus the Prefect Constantius being Emperour For all that the Prefect did or the Emperour in this case was by the prevalency of his intervening authority to reconcile the disagreeing parties and to incourage the Catholikes but the precise act of Iudicature even in this case was in the Bishops for they deposed Aëtius for his heresie for all his confident appeale and Macedonius Eleusius Basilius Ortasius and Dracontius for personall delinquencyes * And all this is but to reconcile this act to the resolution and assertion of S. Ambrose who refus'd to be tryed in a cause of faith by Lay-Iudges though Delegates of the Emperour Quando audisti Clementissime Imperator in causâ fidei Laicos de Episcopo judicâsse When was it ever knowne that Lay-men in a cause of Faith did judge a Bishop To be sure it was not in the case of Honoratus the Prefect for if they had appealed to him or to his Master Constantius for judgment of the Article and not for incouragement and secular assistance S. Ambrose his confident Question of Quando audisti had quickly been answered even with saying presently after the Councell of Ariminum in the case of Aëtius and Honoratus * Nay it was one of the causes why S. Ambrose deposed Palladius in the Councell of Aquileia because he refused to answer except it were before some honourable personages of the Laity And it is observeable that the Arians were the first and indeed they offer'd at it often that did desire Princes to judge matters of faith for they despayring of their cause in a Conciliary triall hoped to ingage the Emperour on their party by making him Umpire But the Catholike Bishops made humble and faire remonstrance of the distinction of powers and Iurisdictions and as they might not intrench upon the Royalty so neither betray that right which Christ concredited to them to the incroachment of an exteriour jurisdiction and power It is a good story that Suidas tells of Leontius Bishop of Tripolis in Lydia a man so famous and exemplary that he was call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the rule of the Church that when Constantius the Emperour did preside amongst the Bishops and undertooke to determine causes of meere spirituall cognisance insteed of a Placet he gave this answer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I wonder that thou being set over things of a different nature medlest with those things that only appertaine to Bishops The MILITIA and the POLITIâ— are thine but matters of FAITH and SPIRIT are of EPISCOPALL cognisance 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Such was the freedome of the ingenuaus Lâ—â—ntius Answerable to which was that Christian and faire acknowledgement of Valentinian when the Arian Bishops of Bithynia the Hellespont sent Hypatianus their legate to desire him ut dignaretur ad emendationem dogmatis interesse that he would be pleas'd to mend the Article Respondens Valentinianus ait
and judiciall contestation let it be ended before the PRIESTS For so S. Clement expounds Presbyteros in the same Epistle reckoning it as a part of the sacred Hierarchy To this or some paralell constitution S. Hierome relates saying that Priests from the beginning were appointed judges of causes He expounds his meaning to be of such Priests as were also Bishops and they were Iudges ab initio from the beginning saith S. Hierom So that this saying of the Father may no way prejudge the Bishops authority but it excludes the assistance of lay-men from their Consistories Presybter and Episcopus was instead of one word to S. Hierom but they are alwaies Clergy with him and all men else But for the mayne Question S. Ambrose did represent it to Valentinian the Emperour with confidence and humility In causâ fidei vel Ecclesiastici alicujus ordinis eum judicare debere qui nec Munere impar sit nec jure dissimilis The whole Epistle is admirable to this purpose Sacerdotes de Sacerdotibus judicare that Clergy-men must onely judge of Clergy-causes and this S. Ambrose there call's judicium Episcopale The Bishops judicature Si tractandum est tractare in Ecclesiâ didici quod Majores fecerunt mei Si conferendum de fide Sacerdotum debet esse ista collatio sicut factum est sub Constantino Aug. memoriae Principe So that both matters of Faith and of Ecclesiasticall Order are to be handled in the Church and that by Bishops and that sub Imperatore by permission and authority of the Prince For so it was in Nice under Constantine Thus farre S. Ambrose S. Athanasius reports that Hosius Bishop of Corduba president in the Nicene Councell said it was the abhomination of desolation that a lay-man should be judge in Ecclesiasticis judicijs in church-Church-causes And Leontius calls Church-affayres Res alienas à Laicis things of another Court of a distinct cognisance from the Laity * To these adde the Councell of Venice for it is very considerable in this Question Clerico nisi ex permissu Episcopi sui servorum suorum saecularia judicia adire non liceat Sed si fortasse Episcopi sui judicium caeperit habere suspectum aut ipsi de proprietate aliquâ adversus ipsum Episcopum fuerit nat a contentio aliorum Episcoporum audientiam NON SAECULARIUM POTESTATUM debebit ambire Alitèr à communione habeatur alienus Clergy-men without delegation from their Bishop may not heare the causes of their servants but the Bishop unlesse the Bishop be appealed from then other Bishops must heare the cause but NO LAY IUDGES by any meanes These Sanctions of holy Church it pleased the Emperour to ratifie by an Imperiall edict for so Iustinian commanded that in causes Ecclesiasticall Secular Iudges should have no interest SED SANCTISSIMUS EPISCOPUS SECUNDUM SACRAS REGULAS CAUSAE FINEM IMPONAT The Bishop according to the Sacred Canons must be the sole judge of Church-matters I end this with the decretall of S. Gregory one of the fower Doctors of the Church Cavendum est à Fraternitate vestrâ ne saecularibus viris atque non sub regulâ nostâ—â degentibus res Ecclesiasticae committantur Heed must be taken that matters Ecclesiasticall be not any waies concredited to secular persons But of this I have twice spoken already § 36. and § 41. The thing is so evident that it is next to impudence to say that in Antiquity Lay-men were parties and assessors in the Consistory of the Church It was against their faith it was against their practice and those few pigmy objections out of * Tertullian S. Ambrose and S. Austin using the word Seniores or Elders sometimes for Priests as being the latine for the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sometimes for a secular Magistrate or Alderman for I thinke S. Austin did so in his third booke against Cresconius are but like Sophoms to prove that two and two are not foure for to pretend such slight aëry imaginations against the constant knowne open Catholike practice and doctrine of the Church and history of all ages is as if a man should goe to fright an Imperiall army with a single bulrush They are not worth further considering * But this is That in this Question of lay-Elders the Moderne Aërians and Acephali doe wholly mistake their own advantages For whatsoever they object out of antiquity for the white and watry colours of lay-Elders is either a very misprison of their allegations or else clearly abused in the use of them For now adayes they are only us'd to exclude and drive forth Episcopacy but then they misalledge antiquity for the men with whose Heifers they would faine plough in this Question were themselves Bishops for the most part and he that was not would faine have beene it is knowne so of Tertullian and therefore most certainly if they had spoken of lay-Iudges in Church matters which they never dream'd of yet meant them not so as to exclude Episcopacy and if not then the pretended allegations can doe no service in the present Question I am only to cleare this pretence from a place of Scripture totally misunderstood and then it cannot have any colour from any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 either divine or humane but that Lay-Iudges of causes Ecclesiasticall as they are unheard of in antiquity so they are neither nam'd in Scripture nor receive from thence any instructions for their deportment in their imaginary office and therefore may be remanded to the place from whence they came even the lake of Gebenna and so to the place of the neerest denomination * The objection is from S. Paul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. let the Elders that rule well be accounted worthy of double honour especially they that labour in the word doctrine especially they therefore all Elders doe not so Here are two sorts of Elders Preaching Ministers and Elders not Preachers Therefore Lay-Elders and yet all are governours 1. But why therefore Lay-Elders Why may there not be diverse Church-officers and yet but one or two of them the Preacher Christ sent me not to Baptize but to Preach saith S. Paul and yet the commission of baptizate was as large as praedicate and why then might not another say Christ sent me not to Preach but to Baptize that is in S. Pauls sense not so much to doe one as to doe the other and if he left the ordinary ministration of Baptisme and betook himselfe to the ordinary office of Preaching then to be sure some Minister must be the ordinary Baptizer and so not the Preacher for if he might be both ordinarily why was not S. Paul both For though their power was common to all of the same order yet the execution and dispensation of the Ministeries was according to severall gifts and that of Prophecy or Preaching was not dispensed to all in so considerable a measure but that some of them might be