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A87575 The angel of the Church of Ephesus no bishop of Ephesus, distinguished in order from, and superior in power to a presbyter. As it was lately delivered in a collation before the Reverend Assembly of divines. By Constant Jessop Minister of the Word at Fifeild in Essex. Imprimatur Charles Herle. Jessop, Constantine, 1601 or 2-1658. 1644 (1644) Wing J699; Thomason E42_22; ESTC R11787 72,800 73

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power of administring Baptisme to the power of Ordination Presbyters might baptize therefore they might ordaine Thus did they reason for the power even then when the execution of the power was by canonicall-constitution restrained and shut up sub certis terminis positivis propter meliùs as i Conc. Cath. l. 2. c. 13. Cusanus speaks in the like case within certain positive limits and bounds and that for the good and benefit of the Church as it seemed unto them which first made and afterwards continued those limitations restrictions Thus much for Ordination Jurisdiction is the next thing wherein the Bishops doe claime a peerelesse power this respecteth either Presbyters subjected to censure and power of Jurisdiction in case of delinquency or the people in the sentence of Excommunication The field is very large I will not expatiate but only tender some few gleanings which I had gathered in the course of my studies in this argument I will not insist on that k Episcopus nullius causam audiat absque praesentia clericorum alioquin irrita erit sententia episcopi nifi clericorum praesentia confirmetur Conc. Carth. 4. can 23. Canon of the Councell of Carthage which prohibiteth the Bishop to meddle with the hearing of any cause but in the presence of his Clergie and pronounceth the sentence of the Bishop voide if it were not by them confirmed Concerning which Canon Dr Downham himself thus speakes l Defence of his Sermon ti 1. p. 179. Seeing good lawes arise from bad manners It is to be imagined that the Presence of the Clergie and Assistance of the Presbyters who were the Bishops Coassessors and from the beginning were appointed Judges of causes as himself doth m Ibid. p. 177. acknowledge was neglected and this neglect gave occasion to the making of this Canon What is by the Fathers in this Synod decreed concerning the Cognizance of causes in generall is afterward for that Councell was held about the year 401. by n Si quid de quocunque clerico ad aures tuas pervenerit quod is justè possit effendere non facilè credas nec ad vindictam te ret accendat incognita sed praesentitus senioribus ecclesiae tuae diligenter est veritas perscrutanda tunc si qualttas rei poposcerit canonica districtio culpam scriat delinquentis Greg. regist epist li. 11. indict 6. epist 49. prout citatur apud Grat. sed in edit eper Greg. an 1615. est epist 51. ad I●han Episc Panermit Gregory the Great mentioned and commanded in particular to be observed in the cause of a Presbyter against whom accusations are brought or fame is raised for he commands the Bishop to whom he writes that in such cases he should in the presence of the Seniors of the Church make diligent inquirie into the matter and then proceed to a Canonicall censure as the qualitie of the crime should require Yea o In epist ad Cler. Eccles Tornac apud Cat. test verit l. 9. col 1000. Hincmarus the Archbishop of Rhemes prescribeth the same course to be followed citing the very words of Gregorie for it I will onely touch on some Canonicall Constitutions which have regulated the power of the Bishops in point of Jurisdiction over the Presbyters Who so will take the pains to consult p Caus 15. q. 7. Cap. 1. Gratian the Compiler of the Canon Law shall finde sundry Canons of more then one Councell of Carthage to wit Carthag 1. can 11. Concil Carthag 2. c. 10. Concil Carthag 3. can 8. ordaining that in case any crime were objected against a Presbyter the cause should be heard by sixe Bishops the cause of a Deaon accused should be heard by three besides his own Bishop This order in one of those Councels is thus ratified q Carth. 2. can 10. Ab universis episcopis dictum est veterum statut● â nobis debere servari It was said by all the Bishops that we ought to observe the statutes of the ancient Fathers Whereunto may be added this that when in the Councell of Hispalis complaints were made that this rule was broken it was by the Fathers in that Synod ordered that r Statutum est juxta priscorum Pa●rum decretum synodati sententia quod nollus fine concilii exam ne dejiciendum quemtibet presbyterum vel Diaconum au leat Na● multi suni qui indiscussos potestate tyrannica non au●boritate canonica damaant Syn. Hisp. a. act 6. Cent. Magd. cent 7. cap. 2. col 142. no Bishop should presume to put down a Presbyter or Deacon without examination before a Councell The contrary practice of some was adjudged to be the exercise of a tyrannicall power not of Canonicall authority I will not tire your patience with repetition of the same decree revived and confirmed in another ſ Concil Tribu an 895. cā ● ap Cent. Magd. cen 9. c. 9. co● 262. Councell almost 900. yeares after Christ Only this I will adde that This ancient order of the Councell and consent of six Bishops in the case of a Presbyters deposition from his place was not neglected by any regular allowance untill the Apostasie of Antichrist so far prevailed that the Gospel in the sincere and Orthodoxe Profession thereof was persecuted under the name of heresie In this case Gregory the ninth whose Decretals were published an 1230. gave a * Quaniam Episcoporum unmerus ad degra dationem Clericorum a Canonibus constitutus non p●●est de socili convenire Concedtmus ut sacerdotem vel alium clericum in sacris ordinibus constitutum cum pro heresi suerit curiae seaulari relinquendus aut perpetuò immurand●● ●onvocatis Abbatibus altisque praelatis ac Religiosis personis ac literatis s●●● Diocesis de quibus expedire videbatur suus solus possit Epis ●opiu degradase Sext. decret lib 5. tit 2. ca. 1. dispensation that the Diocesan Bishop alone in the presence of his Abbots with some Priests and other religious or learned persons of the Diocesse might proceede to the sentence In all cases heresie excepted the forementioned Ordinances of a Synodall audience for the Deposition of a Presbyter stood in force in succeeding ages as that learned Canonist t Instit Iur. Can. lib. 1. tit 20. Paulus Lancelotus hath observed By this which hath been spoken let the indifferent and impartiall Reader judge of the practices of our Prelates how strangely exorbitant that I say not tyrannicall in a very high degree they have been in their proceedings and execution of that Jurisdiction which they have usurped Excommunication is another branch of Jurisdiction which is claimed also by the Bishops as properly belonging unto them u Davenant abi supra Mucro episcopalis fulmen epis●opale They tell us this Ecclesiasticall censure was alwaies accounted the Bishops sword and the Bishops thunderbolt and indeed since they have taken the power thereof into their hands and as they have managed it
Pastorum collegto judicium adimeretur Sed hoc tantum jubet Apostotus ut omnibus electionibus praesit tanquam moderator electos orat●one jejunio impositione manuum consecrare● u● habes Act. 6. 13 14. Ob id enim Titum priùs à se ordinatum Episcopum reliquit ut alios ipse constitueret sicut d●●itur Consul aut Dictator Consutes alios creasse quia Comitia de eis eligendis babuerunt Salm. in Tit. 1 disp 1. Paul did not in that place permit Titus alone to set Ministers over the Churches for this were to invest him with a Kingly power and by this meanes the right of Election should be taken away from the Churches and the judgement should be taken away from the Colledge of Pastors But the Apostle doth only command him this that he should be President at all elections as a Moderator that he should by prayer fasting and Imposition of hands consecrate those that were chosen as the Apostles themselves did Act. 6.13 14. For this cause did he leave Titus ordained a Bishop formerly that he should ordain others as the Consul or Dictator is said to create Consuls because they held the Comitia the Assemblies for the election and creation of them This being a truth so cleare confirmed as you see by testimonies on all hands I wonder with what face it is spoken against i Episc by div right pa. 120. and another passage out of Hicrome Tanquam imperator in exercitu as the Generall in the Army brought in obtorto collo quite against the haire For Hierome k In Epist ad Evagr. in that place speaks not concerning the power which the Bishop had over the Presbyters but concerning the manner of his prelation to wit by the free election of the Presbyters of Alexandria who did choose one out of their own company whom they placed in an higher degree and called Bishop This forme of prelation by election he doth there illustrate by two examples 1. l Quomodo si exercitus imperatorem sactat aut Diacone eligant de se quem industrium noverint Arcbidiaconum vocent ibid. Of souldiers in an army making choise of a Generall and Commander in chiefe over them but the Father doth not say the Bishop carried himselfe as a Generall in an army or had power given him answerable to the power of a Generall Nay on the contrary he tels the Bishops in plain termes they m Sicut ergo Presbyteri sciunt se ex ecclesiae consuetudine ei qui sibi praepositus suerit subjectos esse ita Epis●opi nover●●● so magis consuetudine quam dispositionis Domini●ae veritate Presby●e●u esse majores in communi debere Ecclesiam regere in Epist ad Titum ca. 1. ought to governe the Church by the common counsell of the Presbyters above whom they are by the custome of the Church advanced 2. He instanceth in the fact of Deacons making choise of one whom they know to be industrious and set him to be Arch-deacon over them This latter passage is cunningly omitted the former misalleadged and fraudulently perverted because the one cuts the comb of Episcopall Dominion the other as it is wrested seemeth at first sight to uphold or favour it Indeed the execution of Martiall Law hath well pleased them which are now turned Martialists It is too well known how they have hang'd up Ministers ad placitum at their pleasure by their suspensions excommunications deprivations n Conc. Hisp 2. act 6. ap cent Magd●cent 7. cap 9. by a tyrannicall power not canonicall authority as was complained of old against some Prelates in the second Councell of Hispalis But ab initio non fuit sic from the beginning it was not so The Colledge of Presbyters granted unto the Bishop the chiefest seat in their publike meetings and gave honour to him as to their Senior and he was commanded to carry himself towards them as toward his Colleagues by the o Episcopus in quolibet loco sedens stare Presterum non patiatur Conc Carth. 4. can 34. Episcopus in ecclesia consessu presbuterorum sublimior sedeat Intra domum verò collegam se Presbyterorum cognoscat can 35. ap Grat dist 95. Canons of the fourth Councell of Carthage unto which Canons registred by Gratian this Summarie or title is prefixed p Episcopus non dominum sed Collegam se presby●erorum cognoseat Let the Bishop know that he is not a Lord over but Colleague of the Presbyters In this regard in the same Canonist the q Episcopi se sacerdotes esse noverint non dominos bonorent clericos quasi clericos ut it sis à clericis quasi episcopis honos eseratur Grat. dist 95. ca. Es●o subjectus ex Hier. ad Nepot epist 2. Bishops are commanded to honour their Clergy as Clergy-men that so the Clergy may reciprocally honour them as their Bishops And the forementioned r Hoc est contra supercilium Episcoporum qui subdiros appellant si●ios cum debeant cos appel lare fratres Caus 8. q. 1. cap. Quid autem vol soci●s caus 10 q. 3. cap. Cavendum Gloss in verb. quasi clerices Glossator Semeca hath observed that this doth sharply reprove the pride of those Bishops who account them their subjects and underlings whom they ought to reckon of and call their brethren and companions Last of all when the Bishop began to be distinguished in name from the Presbyters and the forementioned Presidentship and Priority was granted him yet was he not thereby advanced to an order distinct from and superior to the order of Presbyters but only to an higher degree in that Order This is cleare by this that at the first distinction of a Bishop from the Presbyters there was no new consecration or ordination of the Bishop Antonius de Dominis a man Prelaticall enough doth confesse induced thereunto by the cleare testimonie of Ambrose ſ De rep eccl lib. 3. cap. 3. n. 2. at the beginning whensoever a Bishop dyed and the Episcopall throne was vacant there was not so much as an election of him that was to succeed much lesse any new ordination but the eldest Presbyter came prosently in the roome of the deceased Bishop The words of Ambrose are expresse for it t Primi pretbyteri Episcopi appellabautur ut recedente co sequent ei succederet in 4 ca. ad Eph. The first Presbyters were called Bishops so as that when he to wit the first or eldest Presbyter departed the next did succeed him Thus it was at first the reason why this order was changed that Episcopacie should be conferred by Election not by Succession is there given by the same Father * Quia caperunt sequentes Presbyteri indigul inveniri ad primatus tenendes immatata est ratio prospiciente Concilie ut non ordo sed meritum crearet Episcopum multerum Sacerdotum judlcio constitutum ne indigum temer● usurparer esset