setling of new Bishops instead of those which were dead Tom. 3. Bibl. Pat. p. 94 112. and says to them Write to these and receive from them according to the custom of Pacisick and Ecclesiastical Letters As for Ecclesiastical Discipline there are a great many Rules which oblige those of the Clergy to observe the Canons whereof the Discipline of the Ancient Christians was made so that neither Bishop nor Priest nor Deacon was admitted who had not first submitted to these Laws and who did not acknowledg in submitting to them that 't was by them he was to conduct the Souls which were committed to his care I should be too prolix to mention all the passages of Antiquity where Ecclesiasticks are enjoyn'd to the practise of the Discipline and observing of the Canons it shall suffice to mention some to justfy a Truth acknowledged by all those which have applied themselves to the Reading the Works of Ancient Doctors and especially of the Councils Cod. Afric Justell Canon 18. That of Carthage An. Dom. 419. Appoints those who are to impose hands on a Bishop or to any other Clergy Man to let them know first of all the Decrees of the Synods that so they might have no cause to repent of having done any thing contrary to the Statutes of the Council Pope Celestin about the same time thus begins his Letter to the Bishops of Poulia and Calabria which is the third in Course Tom. 1. Concil pag. 902. That if it be not permitted to any Priest nor Prelate to be ignorant of the Canons nor to do any thing contrary to the Constitutions of the Fathers for what is it may be worthy of our care if giving too great a latitude to the People at the desire of some persons the Rule of the Canons is infring'd The first Canon of the Council of Calcedon requires that one observe all the Canons had been made till then in the Synods Tom. 1. Concil Gall. the 33d of the 3d Council of Orleans in the year 538 and the 6th of the 4th of the year 541. with several others which I pass over in silence do enjoyn the same thing The Fathers stop not there for not content to have recommended to the Clergy the observation of the Canons which also they have formally requir'd of them at the very moment of their Consecration it is in this manner the Fathers of the 4th Council of Toledo have explain'd themselves in Canon 27. Anno Dom. 633. for they oblige the Priests and Deacons established in Parishes Tom. 4. Concil pa. 589. Ibid. p. 824. to promise the Bishop to live Chast and Holily and Religiously to observe the Laws and Discipline of the Church the 10th Canon of the 11th Council of the same place assembled in the year of Christ obliges all those which take on them Holy Orders to keep the Catholick Faith and wholy to be subject to Canonical Rules and that it should not be thought 't was only Priests and Deacons which were obliged to the strict observing the Canons and Ecclesiastical Laws the Council of Merida in Portugal Ibid. p. 802. extended this obligation to Bishops also and to Metropolitans in the 4th Canon Anno Dom. 666. X. Ministers shall not be ordain'd without assigning them a particular Flock and shall be fit for the Flocks which shall be assign'd them and one Church cannot pretend a right to a Minister by vertue of a particular promise made by him without Approbation of the Colloque or Provincial Synod CONFORMITY The Council of Calcedon made a considerable Decree on this Subject which is to be seen in the 6th of its Canons where the Synod forbids to receive Priest nor Deacon nor any Ecclesiastical Person whatever without assigning them a Flock that is to say without a Title to speak after the manner of the Writers of these times it makes void all Ordinations which is not made in the manner it prescribes and suspends the Ministry of those which have been establish'd in any other manner by this means to correct the boldness of the Ordainers But rightly to understand the sense of the Canon it must be observ'd that the Council calls absolute Ordination an Ordination which obliges not to any certain place it is what the Greek terms import used by him which amounts just to what we say to Elect without assigning a certain Flock See here the terms of the Canon You must not lay hands on any body neither Priest nor Deacon nor on any in Ecclesiastical Orders unless him that is to receive Ordination has been before published and named in some Church in the City or Country or in some Martyrs Chappel or in some Monastry and as for those who are absolutely establish'd the Synod appoints that the imposition of hands be null and that those which received it cannot serve in the Church which shall reflect on those which had done it France caused the Execution of this Decree to be demanded of the Council of Trent P. 639. c. 3. Paris 1654. as we find by the Memoirs of Mr. Du Puy and we have seen in the 4th Article what the Emperor Alexander Severus said of this practice of Christians which he mightily approved The Council of Valentia in Spain prescribes almost the same thing with that of Calcedon in the Year 524. in the 4th Canon Tom. 3. Concil p. 820. Collect. Rom. part 2. c. 14. p. 162. That none of the holy Bishops do ordain any body until he first promises to six in one place to the end that by this means men should not have liberty to shun the Rules of Ecclesiastical Discipline Pope John the VIII in a Synod of 130 Bishops made this Decree Him that thinks fit to establish a Priest let him assign him a Church where he may still reside serving the Lord. Atto Bishop of Verceill who lived in the Xth Century cites the Canon of the Council of Calcedon in his Capitulary chap. 30. and in his 31st he saith Tom. 8. Spirit Dach p. 13. Paris 1668. Churches ought to be built in Convenient places consecrate them by Prayers and settle Pastors in each of them However These Decrees hinder'd not but there were some Persons Ordain'd and Establish'd in the Ministry of the Church without being ingag'd to any particular Flock as Paulinus who afterwards was Bishop of Nole in Italy St. Jerom and the Frier Macedonius they were made Priests without assigning them Flocks but this doth not prejudice what hath been said for the two former accepted only the Employ wherein 't was desir'd to ingage them only on this Condition as appears by the 6th Epist of Paulinus to Severus by the 45th to Alipius and by the 61st of St. Jerom chap. 10. As for Macedonius something of constraint was us'd in regard of him if we credit Theodoret in the 13th Chapter of his Religious History To these Examples may be added that of the Friers Barses and Eulogius who by
him and if he appears and that he confesses or is convicted of the crime he is accused of they shall declare what punishment he has deserved but if being summoned he don't appear it requires to send two Bishops to cite him a second time and if he fails again that two others be sent to cite him a third time and if through contempt and rebellion he refuses to appear after those three Citations it requires the Synod to pronounce against him what they shall think fit fearing lest flying from judgment he may think to have gained his Cause I almost forgot to have spoke a word of Dancing and other Disorders which are prohibited to our Ministers in the 47th Article which is very conformable to the 45th Canon of the Council of Laodicea especially if also one considers the 35th of the same Council L. If a Minister be convicted of enormous and notorious Sins he shall speedily be deposed by the Consistory calling unto it the Colloque or in default of it two or three unsuspected Ministers And in case the guilty Pastor complains of wrong and injury the whole matter shall be reported to a Provincial Synod If he has Preached Heretical Doctrine he shall presently be suspended by the Colloque the Consistory or two or three Ministers thereunto called as above until such time as the Provincial Synod has determin'd the case and all sentences of suspension for whatsoever it be shall nevertheless admit of appeal until final judgment be given CONFORMITY Altho this Article hath been already explained in what has been deliver'd in the preceding ones yet I will add something for the fuller clearing of it I say then it was so done in regard of Paul of Samosatia Bishop of Antioch who being convicted of Heresy was presently Depos'd as Eusebius informs us The 25th Canon of the Apostles ordains to inflict the same punishment on Bishops on Priests and Deacons which shall be convicted of Fornication of Perjury and of Robbery and a Council of Lerida of which we have already made mention shews no more favour against Church-men convicted of enormous and crying sins alledging for a reason That their vicious examples are a scandal to the People of God The second Council of Sevill in the Year 619. decrees in the 6th Canon That it should be done by authority of the Synod to which it refers as our Discipline does the definitive Judgment of these Depositions Tom. 4. Conc. Pag. 559. LI. The Reasons of the Dposition shall not be divulg'd to the People if necessity don't require it whereof those which shall have judged of the Depositions shall do as they shall think convenient CONFORMITY This Establishment in regard of deposed Ministers is like that of Pope Leo I. in regard of those who were to do publick Penance for being inform'd that in several parts of Italy the Bishops caused publickly to be rehers'd the Sins of those which were to do Penance Ep. 80. he condemns this practice and expresly forbids to do so for the future Ep. Can. 2. Cap. 34. and a long time before Leo St. Basil declares That the Fathers had prohibited to divulge to the People the Women which were guilty of Adultery either by their own Confession or after having been convicted of it LII The National Synods shall be advertis'd by the Provincial ones of those which shall be Deposed to the end they should not receive them CONFORMITY In the Primitive Church when any Pastor was Deposed advice was given to all the Churches to the end that none should receive him Ersel Hist l. 7. c. 30. according to which after the Synod of Antioch had Deposed Paul of Samosatia in the 3d Century for Heresy it wrote a long fair Letter to all the Bishops and to all the Churches in general to inform them at large of all that had passed in the Condemnation of this great Heretick Alexander Bishop of Alexandria having Condemned Arrius and his adherents he also writ to all the Catholick Bishops To the end Secrat Hist Eccles lib. 1. c. 6. p. 13. ult Edit Pag. 27. Paris 1598. saith he that you should not receive him if by chance he should have the confidence to go to you and that you should not give credit to what Eusebius or any one else may write to you in his behalf St. Hillary Bishop of Poictiers informs us in his Fragments That the Western Bishops Assembled at Sirmium in the year 350. having Anathematiz'd the Heretick Photin they sent into the East the Decree of his Condemnation to inform them after the usual manner of what they had done against him Lib. 4. c. 9. Theodoret has preserv'd to us in his Ecclesiastical History the Letter of a Council of Bishops in Illyria writ about the Year 370. by which amongst other things they inform the Churches of God and the Bishops of the Diocesses of Asia of the Deposing of certain Clergy-men Tom. 3. Concil p. 468. infected with the Impiety of Arrius whose Names they express Accordingly the Fathers of Chalcedon say in their Relation to the Emperors that the Sardick Synod gave notice into the East of what they had done against the remains of Arrius as the Eastern Bishops did those of the West of their Decree against Apollinarius They went yet further for they published these Sentences of Deposition in the Churches which had been advertis'd of it In short St. Austin in his 3d Book against Petilien Chap. 39. makes mention of a Deacon called Splendonius which had been Depos'd in part of Germany and the Decree of his degradation was read in the Churches of Africa when they had received notice of it by the Prelates which had condemn'd him LIII Ministers which have been Depos'd for Crimes which deserve signal punishment or that bear marks of Infamy cannot be restored to their Office what acknowledgment soever they make As for other less faults after due acknowledgment made they may be restor'd by the National Synod however to serve in another Church and not otherwise CONFORMITY The 28th Canon of those ascribed to the Apostles appoints to separate wholly from the Communion of the Church the Bishop the Priest or Deacon which having been Depos'd for notorious Crimes has nevertheless the confidence to reassume the Ministry which had been committed to him the 4th of the Council of Antioch leaves him no hope at all of being re-establish'd no not so much as liberty to defend himself or plead his Cause in another Synod The 5th Canon treats not more favourably Rebels and Schismaticks the 14th and 15th confirms the judgment of the Provincial Synod unless in case the Opinions were divided in which Case they prescribe to call other Judges of some adjacent Province The 29th of the Council of Chalcedon speaking of Bishops which from the Episcopal Degree are descended to that of Presbytery it declares That if they are condemn'd for just Cause they are not worthy of the Honour of Priesthood it self
usual Sermons Those who have received the gift of Writing shall be chosen by the Provinces and if it happens any Book be Publish'd against the Orthodox Religion it shall be sent to them that they may answer it a Colloque being deputed in each Province to inspect what shall be Writ and Publish'd to dispose of the Copies as shall be thought fit CONFORMITY There was never greater Liberty of Writing than in the first Ages of the Church at which time every body writ in the manner which he thought best and most convenient without being obliged to communicate his Works to any to be Examin'd for their Approbation nevertheless seeing there has been at all times amongst Christians some Bishops and Pastors fitter for this purpose than others such were for the most part employ'd for the defence of the Truth against Schismaticks and Hereticks It was for this Cause that the Book of Phaebadius or Phaegadius Bishop of Agen in Guien written against the Arrians of the East and West holds the Degree of the Epistle of a Council of Vaison of the Year 358. P. 3. Paris 1666. and bears the Name in the Supplement of the Councils of France St. Austin even to his Death was the Pen of Africa against the Enemies of the Church particularly against the Donatists and Pelagians and St. Fulgentius in the following Age succeeded him in a manner in the same Office especially during the time that above Sixty African Bishops of which Number he was one was Exil'd into the Isle of Sardegnia for although he was the youngest of them all the Author of his Life does observe that he was the Mouth and Spirit And it may yet be said of these two famous Writers That they exactly observed the Modesty Sobriety and Decorum prescribed by our Discipline to all those who put Pen to Paper for the Defence and Vindication of Truth Examples which should be carefully imitated and in the mean time condemn the rashness of Agobard Bishop of Lyons who Writing in the 9th Century against Amalarius Fortunatus cruelly rails against him and much more that of Lucifer Bishop of Caillari against the Emperor Constantius in the Library of the Fathers Tom. 9. of the Edition of Paris 1644. XVI Ministers should not pretend Precedency one over the other CONFORMITY S. Jerom informs us in in his Commentaries upon the Epistle to Titus and in his Letter to Evagrius That at the beginning of Christianity the Churches were Govern'd by the joynt advice of the Priests or Elders and this form of Government lasted until that by the instinct of the Devil there arose Parties in Religion saith the same St. Jerom for then recourse must be had to Election so that to avoid Schisms and Divisions one of the Company was chose to whom Election gave the precedency to all the rest whereas before it was the time of promotion as is testified by the Deacon Hillary in his Commentaries upon the 4th Chapter of the Epistle to the Ephesians amongst the Works of St. Ambrose for he saith That at first the Priests were called Bishops and that the one being Dead the other Succeeded that is to say That it was granted to the Ancientest Priest in promotion to bear the first rank or place this primacy being a primacy of Order and not of Power and Authority over others the only primacy forbidden by our Discipline in effect the first admitted held the first place in the Pesbytery just as the Dean amongst Councellors of Parliament or as the Dean of Prebends in a Chapter From hence it is also that after the Establishing of the Hierarchy in the Church Equality was still observed amongst the Clergy except 't was in the Power of Metropolitans over the Bishops of their Provinces and also it was a very limitted Power seeing it consisted only in the right of calling the Synods of their Provinces to preside and to take notice of all Ecclesiastical matters which passed in the compass of their District only but could not decide nor determin without the consent of their Suffragans after the manner of speaking at this time As for all the rest they had no kind of prerogative but the Order according to the time of their Reception the which is punctually observ'd amongst us and accordingly St. Austin finds it strange that in the Letter which the Primate of Numidia writ to his Brother Bishops to Assemble them in a Synod I say he thinks it strange to see himself named the third in it knowing that there were several others before him which saith he is injurious to others and exposes me to envy Ep. 207 To. 2. And in the Life of St. Fulgentius Bishop of Rusp in Africa which the Jesuit Chifflet caus'd to be Printed at Dijon An. Dom. 1649. with the Works of the Deacon Forran it is observed Chap. 20. That in the Assemblies of Exil'd Bishops in Sardignia he was seated lowest of all although he was the most considerable in Worth and Value because he had been last of all Ordain'd to be Bishop Tom. 4. Conc. p. 422. The 86th Canon of the African Code so appoints it the 24th of the first Council of Prague in the Year 563. Ordains the same thing as also the 3d of the 4th Council of Toledo in the Year 633. and the 112th Letter of Gregory I. his 7th Book to which we may add the 6th Letter of Hincmar Chap. 16. in the 16th Tome of the Library of the Fathers Ibid. p. 581. Page 408. It is the Reason that in Africa one was enjoyn'd to observe the precise day of Promotion and the Consulat African Code Can. 89. which is the 14th of Mileva Theodore Archbishop of Canterbury held a Synod Anno 679. the 8th Canon whereof is conceiv'd in these terms Apud Bedan Hist l. 4. c. 5. Let no Bishop prefer himself before another through ambition but let every one know the Time and Order of their Ordination XVII Ministers shall preside in Order in their Consistories to the end that none might pretend superiority over each other and none of them shall give testimony of any matter of importance until they have first communicated it to the Ministers his Brethren and Companions CONFORMITY This Article is only a continuance of the former for if there is to be an Equality amongst Ministers so that they cannot pretend superiority one above the other it is just that when there are several in one Church that they should preside every one in his Turn and Rank in the Consistory and that none of them should do any thing of his own head without taking along the advice of his Brethren and even of all those who have share in the conduct of the Flock especially when there is question of any thing of importance XVIII Heed shall be taken to avoid the Custom practis'd in some places of deputing certain Ministers by the Provincial Synods to visit Churches the Order hitherto used being sufficient to have cognisance
we Examine That of Charanton I say in the year 1623. enjoins Exactly to Examine as well the Attestations as those which have them to have from their own mouth testimony of their Religion and Instruction As for the Order our Discipline prescribes to give and renew from Church to Church the Recommendatory Letters it is the same in substance of that establish'd by the Synod of Sardis An. Dom. 347. in the 8 9 10 and 11. Canons and particularly in the last where it appoints Bishops which are on the way to Examine these Letters of Recommendation and to ask of those which have them the Cause and Reason of their Travelling or to subscribe their Letters if they are just and to refuse them Communion if they have fraudulently got them CHAP. V. Of CONSISTORIES ARTICLE I. IN each Church there shall be a Consistory compos'd of persons which shall have the conduct of it to wit of Pastors and Elders and the Ministers in this company are to preside as also in all other Ecclesiastical Assemblies CONFORMITY From the very first Establishing of Christian Churches there was in each of them a certain number of Persons to whom the Government of it was committed and who were distinguish'd from the rest of the People by the Offices which they Exercis'd and by the choice which had been made of them for supervising the whole Flock and 't is what we call Consistory Origen calls it the Ecclesiastical Senate and makes it parallel with the Politick Senate of each City to shew that the Ecclesiastical Senate very much surpasses the other being compos'd of Persons of more virtue and knowledg than those which are Members of Politick Senates in Cities The Ecclesiastical Senate or Consistory is compos'd amongst us of Ministers and Elders and it ought not to be thought strange that we joyn Elders with the Ministers after all we have said on the 3d Chapter particularly on the 1st Article where we have at large prov'd that the Elders have had share for several Centuries in the Government of the Churches and that they in all likelihood would have still continued if the ambition of Bishops and their Clergy had not insensibly abolish'd this laudable practise The Deacon Hillary as has been shewn complained of it in his time But altho' the Elders partake with the Ministers in Governing the Flocks yet the right of precedency appertains to the Ministers therefore in these testimonies we have alledged to prove that the Church has had great advantage in the first Ages of Lay-Elders like ours they are for the most part named after the Clergy II. As for Deacons seeing the Churches for the necessity of the times hath to this day happily employed them in Governing the Church as Exercising also the Office of Elders those which hereafter shall chuse such or continue them they shall with the Pastors and Elders bear a part in the Governing the Church and therefore shall frequently be with them in the Consistory yea even at the Colloques and Synods if they are thither sent by the Consistories CONFORMITY The care of the Poor making one of the most considerable parts of the Church-Government it is with great reason we therein admit the Deacons because they were properly instituted to attend on this thing as has been above proved at large III. In places where the Exercise of Religion is not setled Christians shall be exhorted by the Colloques to have Elders and Deacons and to follow the Ecclesiastical Discipline and at the said Colloques they shall be inform'd to what Church to joyn themselves for their convenience and exercise of their Ministry from whence also they may not depart without communicating it also to the said Colloques CONFORMITY In the places where there is no publick exercise of our Religion although there are a considerable number of Families which profess it care must be taken they do not live without Discipline and to this purpose there must be Establish'd amongst them Deacons and Elders to take care of the Poor and to watch over the Life and Conversation of private persons whereof they shall give account at the Church-Consistory to the which they shall be joyn'd for the publick Exercises of Piety and the Service of God and there 's no question to be made but something of this Nature was done in the Primitive Church Apolog. p. 98. for instance in the days of St. Justin Martyr that they Assembled from the Country and Cities unto one place which sheweth plainly these Assemblies were not made every where although according to all appearance there was in all places one and the same Order for the conduct of Christians to the end they should do nothing unworthy the holiness of their Profession IV. There shall be but one Consistory in each Church and it shall not be permitted to Establish other Council for any Church-business whatever If in any Church there shall any other Council be established different from the Consistory it shall forthwith be suppress'd Nevertheless the Consistory can sometimes call to its aid such of the Church as shall be thought convenient when occasion requires and that Ecclesiastical matters be treated of only in the place where the Consistory doth Assemble CONFORMITY There was not anciently in each Christian Church any more than one Ecclesiastical Senate as we have heard by Origen and this Senate was not properly any thing else but what we call Consistory which is a company of Persons which the Church does invest with her Rights and Power to Govern the Flock V. It is in the Power of the Consistory to admit of Father and Son or of two Brothers in the same Consistory unless there was some other reason to the contrary of which the Colloque or Provincial Synod shall take cognizance CONFORMITY The Church being the Spouse of Jesus Christ and by consequence the Mistress of all the Power and of all the Ecclesiastical Authority which resides in Her as in its Fountain and in the Consistories as in Societies which she establishes for the use and exercise of this Power She may then have authoris'd the Ecclesiastical Senate and the Consistory to admit into its Body the Father and Son or two Brothers provided they are agreeable to the Church which has in general given this Power to the Consistory VI. It is also refer'd to the discretion of Consistories to call unto them young Students although they have no Office in the Church but not without weighty causes and considerations and when their Wisdom is known the said Students shall be there present not to have any voice in what Affairs shall be debated but that by their presence there they may the sooner become fit and proper to Govern the Church when it shall please God lawfully to call them thereunto Nevertheless it shall be at the Pastor's free choice to demand their Judgment to make tryal of their abilities which shall be done with great prudence and caution and promise not to make
confer with the Ministers and Elders if they have not been sufficiently instructed And in case the gainsaying Brethren refuse to make the said promises they shall be censur'd as Rebels according to the Discipline and the Colloque being assembled shall proceed as above And if the said Opposers have been patiently heard and refuted by consent the whole shall be Registred if not the Provincial Synod shall be desir'd to meet extraordinarily if need require at the time and place that the said Colloque shall judge most convenient after the Promise as above-mention'd reiterated by the said Opposers The Synod assembled shall first of all consider with good deliberation and consideration of the Matter the Places the Time and Persons whether it shall be expedient that the Conference with the said Opposers be made in presence of the People the Doors shut or open and that Audience be given to any of the Parties present that would speak or not and that in all Cases the decision should belong to others than to those called in the Province and the whole according to the Order contain'd in the Discipline And that then if the said gain-sayers will not obey they shall make the same Promise as above and shall be transmitted over to the National Synod ordinarily or if necessity require extraordinarily assembled the which shall hear them with all Holy Liberty and there the intire and final resolution shall be made by the Word of God to which if they refuse to acquiesce from Point to Point and with express dislike of their Errors Registred they shall be cut off from the Church CONFORMITY This Article shall be Explain'd in what I shall observe on that which follows XXXII A Pastor or Elder breaking the Vnity of the Church or stirring up contention about some Point of Doctrine or of Discipline which he has subscribed or of the form of Catechism or Administring the Sacraments or publick Prayers or Marriages refusing to obey what the Colloque has determin'd shall then be suspended from his Office to be farther proceeded against at the Provincial or National Synod CONFORMITY A Council of Africa Ep. 71. p. 121. ult Edit in the time of St. Cyprian Deposed those of the Clergy which by their Rebellions disturb'd the Concord and Unity of the Church St. Basil in his 1st Canon of his 1st Canonical Epistle to Amphilochius prescribes after what manner one should act not only against true Schismaticks but likewise against all those which stir up Divisions in the Church and which also make Conventicles and Assemblies apart He speaks in the same place of Hereticks and as these are three sorts of Persons very different one from another this Doctor doth also adjudge diversity of Punishments But besides what I have now remark'd we have also several Canons of Ancient Councils which do favour the Order of our Discipline the 6th of the 1st Universal Council of Constantinople is against those which endeavour to confound and overthrow the Ecclesiastical Order The VII first of the 1st of Ephesus which is the 3d Oecumenical were compos'd against all such of the Clergy as well as People which should depart from the Decrees of the Council and that should adhere to Revolt or Apostatize The 18th of Chalcedon forbids all sorts of Fraternities and Combinations against the Church observing That seeing this Crime is forbid by the Civil Laws that it ought much more to be defended in the Church It is for this Cause ought to be cited the 21st Canon of the 3d Council of Orleans in the year 538. Tom. 1. Conc Gal. p. 254. Ib. p. 480. and the second Decree made by the Synod of Rheims in the year of our Lord 630. XXXIII In each Church there shall Memorials be made of all remarkable things in Matters of Religion and a Minister shall be deputed to each Colloque to receive and carry them to the Provincial and from thence to the National Synod CONFORMITY Pope Fabian who finished his Days by a Glorious Martyrdom for the Cause of Jesus Christ during the Persecution of Decius about the year of Christ 250. Pope Fabian Tom. 1. Coâ—il p. 113â— I say Established persons to Collect the Acts of Martyrs as is to be seen in the Pontifical Book commonly attributed to Damasus and it may truly be said this was the principal subject our Discipline aimed at in the Article which we Examine as appears by this Establishment of the National Synod of Privas in the year 1612. The Provinces shall be exhorted carefully to recollect the Histories of Pastors and other Believers which in these last times have suffer'd for the Truth of the Son of God and such Memoirs shall be sent to Geneva to be made publick In the same Pontifical of Damasus Ubi supra p. 30. which I but now spoke of it is observ'd That St. Clement Disciple of the Apostles had a long time before Fabian divided the seven quarters of the City of Rome to seven faithful persons of the Church that each might exactly enquire in his District the Acts of Martyrs in the number of which he was put himself Ib. p. 110. about the year our Lord 100. Pope Anterus Predecessor to Fabian did near-hand the same as was done by Clement But if that was done in the Church of Rome it was also practised in divers others St. Cyprian testifies it was practised by that of Africa in his 37th Epistle where he ordains That the Day of the Death of Martyrs should be taken account of to the end to celebrate their Memory It is in this regard Tertullian speaks De Coron c. 13. des Fastes of the Feasts of the Church and the Letter of the Church of Smyrna touching the Martyrdom of St. Pollycarp gives us also a proof of the thing now in question and which ought to be looked upon as the Original of what we call Martyrologies which comprehend not the Martyrs of one Church only but generally of all as can be discover'd in which 't is thought Eusebius first laboured CHAP. VI. Of the Union of Churches ARTICLE I. NO Church can pretend Precedencie nor Domination over another nor one Province over another CONFORMITY Let the Reader see what I have said already on the Sixteen and Eighteen Articles of the first Chap. where he will find this Article Established and its conformity to the ancient Cannons II. No Church can transact any matter of great consequence wherein the Interest or Dammage of other Churches may be concern'd without the advice of the Provincial Synod if it be possible to assemble it and if the matter be pressing it shall communicate and have the advice of the other Churches of the Provinces at least by Letters CONFORMITY This Second Article is also very conformable to the Antient Discipline according to which the Affairs of each Province were administred by the Provincial Synods it is partly the Subject of the Second Cannon of the First Oecumenical Council of Constantinople
left off as he doth testifie in his 80 Letter It may be thought that the Synod of Ries in Province had given some slight endeavour to the first practice Tom conc Gal. p. 69. Ibid. p. 74. in the year 439 when it confirms it in the Eighth Cannon but under condition that times were quiet That of Orange explains it self fuller in the year 441 Cannon 29 saying it was difficult to assemble twice a year by reason of sad and difficult times The Second thing I mean to observe is Ibid. p. 173. Ib. p. 268 284. That the Synod of Agde in Languedock made a Decree in the 71 Cannon by which it reduces these Synodal Assemblies to hold once a year and it declares in the same Cannon which is of the year 506 that it does so according to the constitution of the Fathers having respect it may 〈◊〉 to the Cannons of Orange and Ries but just now cite The 37 of the 4 of Orleans of the year 541 the 23 an◠〈◊〉 of the year 549 on the same with that of Agde 〈◊〉 â—he 18 of the 3 of Tolledo alleges for a reason in the 〈◊〉 589 the length of the way and poverty of the Churches To. 4 Conc. pa. 505 506. II. Ministers shall bring along with them one or two Elders at the most chosen by the Consistory and the said Ministers and Elders shall shew their Deputations If a Minister comes alone no heed shall be taken of the Certificates he brings along with him no more than there shall be of those an Elder shall produce if he comes alone without a Pastor which Rule shall be of force in all Ecclesiastical Assemblies If they cannot come they shall make their excuse by Letters of the which the Brethren there present shall be Judges and shall send their Memoirs signed by a Pastor and an Elder Those who shall fail of being present at Colloques and at Provincial Synods without lawful Excuse shall be sensur'd and the said Colloques and Provincial Synods may finally judge their Cause and dispose of their Persons CONFORMITY There are in this Establishment several things to be consider'd in the first place the deputing of our Elders with the Pastors to Synods which is very agreeable to the practice of the Antient Church which admitted the Layity into their Synods after the Example of the Apostles who in the Synod of Jerusalem make mention of the Church in distinguishing it not only from themselves but also from ordinary Persons which they design by the term of Elders Acts 15.22 to shew that by the Church they meant the faithful People which assisted at that Holy Assembly according to which the Fathers in the Council of Antioch distinguishes also the Churches of God Aâ—d Euseb l. â— c. 30. from Bishops Priests and Deacons in the Letter wrote to Dennis Bishop of Rome to Maximus Bishop of Alexandria and to all the Churches to inform them of the deposing of this Arch Heretick not that 't is necessary to think that the intire Churches assisted at this Council which was assembled from sundry Provinces but they assisted by some of their Body which represented them that is by some of the Body of the People But to say something more to the purpose I have shewn on the First Article of the Third chap. by Authority of Fermillian and of the African Code that the Elders such as ours were deputed to Synods with the Pastors against whom they sometimes pleaded the right of the People which deputed them The Second thing I observe on this Article is that the Deputies to Synods are obliged to be present there or to excuse themselves by Letter And if their Excuse be not sufficient they are sensur'd as shall be thought fit in the Colloques and in the Provincial Synods which have power to judge definitively of their Excuses and to dispose of their Persons which also is according to the practice of the Primitive Christians the Fortieth Cannon of the Council of Laodicea is conceiv'd in these terms The Bishops which are called to a Synod must not neglect to go thither and if any one does neglect he will condemn himself unless some Sickness doth hinder him The 19th of Calcedon requires that one should reprove in a brotherly way those which fail of coming although they are in good health and that they are hindred by any extraordinary business which might not be deferr'd In France no other Excuse will be admitted but that of Sickness as appears by a great many Cannons and amongst others by that of the First of Epaume by the 1 of the 2 of Orleans by the 80 Letter of Auitus Bishop of Vienna and by several other Decrees which I forbear to cite The Council of Agde in the 35 Cannon joyns to Sickness some command of the King next to which it deprives from the Communion of the Church till the next Synod those which have failed to be present at the former and as it deprives them for that time from the Communion of the Church it also deprives them from the Charity of their Brethren that is from the other Bishops to which the Council of Tarragona in the year 517 reduces in the VI. Cannon all the punishment of those Bishops which neglect to be present at the Synods where they have been called by the Metropolitans and excuses none but them which are hindred by Sickness The 15 of the 11 of Toledo assembled Anno 575 Excommunicates them for one year if they are not hinder'd by some Sickness or by some inevitable necessity the 76 of the African Code wills That they should be content with the Communion of their Church the V. Cannon of the Council of Merrida of which I will speak on the 10 Article of the IX chap. excuses those who are hindred by Sickness or by Order of the Prince As to what our Discipline saith That if the Pastor comes alone no heed shall be taken of the Memorials he shall bring nor of those the Elder brings if he comes without the Minister it agrees not ill with what we read in the 100 Cannon of the African Code where a Bishop complains of his Church but because the Elders the Church had deputed to defend its cause against the Bishop did not appear the Council referr'd the Judgment of this Affair to a certain Number of Bishops whereof some were nominated by the Bishop which was dissatisfied with his Flock and the rest were left to be named by the Elders although absent As for the Memorials whereof mention is made in this Article more may be seen of it in what I shall say on the Third Article of the Ninth Chapter III. Those Churches which have several Ministers shall depute them by turns to Colloques and Synods CONFORMITY This Article is grounded on that That Ministers may not pretend any Authority one over the other as I have made appear on the Sixteenth Article of the First Chapter and having no Power one
that the band of Marriage may be broke by reason of Adultery nevertheless 't is the Doctrine of Jesus Christ who formally declares in the Gospel That 't is only for Adultery that Marriage may be dissolv'd as well to the Bed as the Obligation I know St. Austin and some others have found difficulty in the explication of the Words of our Saviour and that they could not fully resolve to explain them in the manner I just now mention'd at least St. Austin confesses in several places of his Writings That the Question concerning the Dissolving of Marriages for cause of Adultery is very obscure and difficult and is what made him write on this matter things which would seem contradictory if one did not distinguish the times wherein he applied himself to write on this question For it is most certain in what he wrote before the 2d Council of Mileva which was held in the year of our Lord 416. he appear'd unresolv'd and undetermin'd finding great difficulties obstructions almost impassible and depths not easily to be fathomed those that will please to take the pains to see what he writes in the 3d Chapter of his Book against Adimentius in the 7th of the Book touching the Comfort of Marriage in the 8th and 25th Chapters of the 1st Book of Adulterous Marriages that is to say of Marriages dishonoured by Adultery and joyn to these Testimonies which are in the 6th Tome those others which are in the 4th to wit The 19th Chapter of the Book of Faith and Works the last Question of the Book of 83 Questions and the 16th Chapter of the first Book of the Sermon of our Lord on the Mount those I say which will take the pains to read all these places which I have instanc'd will agree to the irresolution and trouble St. Austin was in on the subject now spoke of and especially if they consider the sincere Confession which he makes in one of the places I have cited Having saith he Lib. 1. de Adult Conjug cap 25. Tom. 6. thus Treated and Examin'd these things according to my capacity I am not ignorant that the Question touching Marriages is very obscure and difficult and I do not dare to say that I have yet explained in this Work nor that I am able if you press me to resolve hereafter in any other all the difficulties which accompany it He confesses the same thing Lib. 2. Retract cap. 57. Tom. 1. although in terms a little different in recalling the Books wherein is found the Testimony which justifies what I have alledged of his doubtfulness and declares with his usual humility That he don't think to have given to this Matter all the clearness it requires After this Council of Mileva this Holy Doctor wrote several Treatises wherein he explains himself more fully than he had done in the others for instance In the 19th Chapter of the first Book of Retractaions he saith That 't is out of doubt that one may leave his Wife for the Fornication which is committed in Adultery In his 89th Letter to Hillarius Quest 4. He confesses That by the Laws of Jesus Christ Tom. 2. it is not permitted to leave one's Wife but for the cause of Adultery and that Jesus Christ forbid to put her away for any other Cause but for Adultery And in the 9th Treatise upon St. John It is permitted to put away the Wife for the cause of Adultery Tom. 9. because she has first refused to be a Wife in not keeping her vow of Wedlock to her Husband To judge of the mind of St. Austin by these latter Testimonies which are more formal and positive than the former it may be concluded That he believed having well examin'd the matter that the band of Marriage was broke by Adultery Nevertheless because that in the other writings he could not satisfy himself nor clear all their difficulties wherewith this question seem'd to be always incumbred I would not make use of His Authority for Establishing the Conformity of our Discipline with that of the Primitive Christians This Council of Mileva above-mention'd forbids in the 17th of its Canons which is the 102. in the African Code it forbids him that is repudiated by his Wife and to the Woman put off by the Husband to re-marry themselves to any one else and enjoyns them to live single or to be reconcil'd again threatning to put them into the number of Penitents if they disobey this Decree which the Fathers of the Synod pretend to be conformable to the Evangelical and Apostolical Discipline But in the first place they do not declare whether they speak of a separation occasion'd by Adultery or by some other cause for the which Jesus Christ don't permit of Separation Secondly The Conduct of St. Austin who assisted at this Council makes me suppose that either the Fathers of Mileva spake of Divorces besides for the Cause of Adultery or at least if they regarded Divorces grounded upon Adultery St. Austin did not forbear Writing after the Convocation of this Assembly That 't is permitted to put away the Wife for the matter of Adultery Thirdly When the Council it self with some other Doctors should more fully explain themselves and that they should have formally condemn'd the second Marriage of those which had been put away for Adultery it would not from thence follow that I have not made appear that our Discipline does not suffer in this occasion only what the Ancient Christian Discipline of the Church suffered seeing I have proved it by the Canons of divers Councils by the Decrees of some Popes in their Synods and by the practice of all the Greek Church a practice which the Council of Trent dared not to condemn after the Remonstrances made by the Ambassador of Venice And yet farther It is what a famous Doctor of the Communion of Rome has fully justified without thinking of us nor the innocency of our Conduct on the point in Controversy in a Book which he published two or three years ago touching the power of Kings and Sovereigns over Marriages for in the 3d Part Art 1. Chap. 5. he hath at large represented to the Reader the Tradition of the Church on the matter of Marriages occasion'd by Adultery whereas I have contented my self to relate in my Work what is most definitive in the Tradition and least of all subject to Controversy and Contestation Whatever's the matter after so many explanations there is hope to believe That Men will not for the future cry so much against this Article of our Discipline which has given occasion to our Enemies to accuse us of favouring Vice and Libertinisme I could if it were needful mention other Cavils of some lesser Disputers against the Holiness of our Ecclesiastical Laws which they have spoke very injuriously of as if they were directly contrary to the Rules of the first Christians and as if those which made them had taken pleasure quite to forsake its use and
reasonably be doubted but that in all times those have been Examin'd in the Church which were to Labour for her Instruction and Edification and which were to serve in Preaching the Word and Administring the Sacraments I grant this Examination may differ according to the diversity of Places and Persons which were to do the Office of Examiners some doing it with more Exactness and Severity and others with more Mildness and Charity and I can't tell if ever there has been seen on this Subject a more strict and exact establishment than that which our Discipline doth prescribe Whatever it is it is most certain that is That the Examination of Life and Doctrine however 't was perform'd always preceded Ordination The 19th Canon of the 1st Council of Nice the 12th of that of Laodicea and the 1st and 4th of Carthage ordaining it should be so although the latter makes it more ample than the two others and declares distinctly the Questions which were to be made and the Articles upon which those were to be Interrogated which were to be called to be Bishops and I make no question but 't was with regard to this Examination That Gregory the first condemn'd in his Pastoral Part. 1. c. 1. T. 1. Paris 1586. The temerity of those which being ignorant and destitute of knowledg would presume to take on them the Office of Pastors never considering that the Conduct of Souls is the Art of Arts That is to say the Noblest and most Excellent of all the Sciences and withal the most Difficult the most Intricate and most Laborious and by consequence requires more Study and Care than any other whatsoever What a shame would it be for a Pastor to speak yet with the same St. Gregory Part. 2. cap. 11. in the same Treatise If he should go about to learn in the time that he should resolve the difficulties should be propos'd to him Whereas he ought always to be ready to give to Believers the satisfaction which they desire upon things which concern Conscience and Salvation This laudable Custom continued a long while after the Death of Gregory but since the Ninth Century the Examination of Pastors was insensibly brought to so mean a State that there needed not much Learning to Answer the Questions that were propos'd And to conclude The greatest part of the Vocation and Consecration of those to whom the Care and Conduct of Souls was committed consisted only in Shew and Ceremony or at least so little heed was taken of their Judgment and Capacity that there was seen to grow in a little time from a practise so different from that of the Primitive Christians that gross Ignorance which was the Spring and Cause of most part of the Evils and Disorders which have befaln the Western Church Not but that several Rules have been made to redress this great Mischief but it had got too deep root Besides Favour and Authority had a greater share in these promotions than the Glory of God and the Instruction of the People especially the Power of the Bishops of Rome who by degrees had gain'd to themselves the greatest part of Ecclesiastical Power bethought themselves about the XI Century to cause to be demanded or demanded themselves of the Bishops which were Examined and in the very moment of their Examination if they did not promise subjection and fealty in all things to St. Peter Tom. 10. Probl. Pat. p. 107. and to his Church to his Viear and to his Successors as appears by the Roman Order which in all likelihood was writ about that time and where is to be seen at this day amongst the Questions made to the Bishop which was Examin'd those which regard the Obedience and Fidellity which I but now mentioned and there is to be seen in the Roman Pontifical Printed at Venice in the Year 1582. Page 25. the Form of the Oath they were made to take and whereunto they ingaged themselves in doing it which are things quite different from the Discipline of the Primitive Christians I know very well that about the year 722. Boniface Archbishop of Mayence made an Oath to Pope Gregory the II. at the time of his Ordination and Promotion to the Prelacy but this Oath did properly contain no more but a Profession of Faith and the Essential Duty of an Apostollical Legat and of a Vicar of the Holy See as they express it which is to make Bishops observe the Canons and to give the Pope Information of the great difficulties which is therein I know also this Prelat Assembled a Council as he recites it in his 105. Letter to the Bishop Cuthbert wherein he made alike profession to the Bishops which there assisted but besides that all this was done but only by Order of the Princes and Bishops of the Kingdom as may be gathered from the very Letter of Boniface and from the 1st Canon of the Synod of Leptines where Prince Carloman protests That by advice of the Bishops and Nobles of the Kingdom he setled Bishops in all Cities and gave them for Chief and Superiour the Archbishop Boniface Legat of the Holy See Besides this I say these Examples now alledged went no farther if my memory fail me not before the time I mention VI. Him whose Ordination shall be signified to the Church shall Preach the Word Three several Sundays in publick but not Administer the Sacraments nor Celebrate Marriage in presence of all the People that they may observe his manner of Teaching The said People being expresly warn'd That if there be any one that know any just cause wherefore the Election of him so signified may not be fully ratified or that he be not liked of they may come and make it known to the Consistory who will patiently hear any one's Reasons to judge of the whole The silence of the People shall be look'd upon as a full consent But if there be murmuring and that the Party named is liked of the Consistory and not of the People or the major part of them his admission shall be deferred and the whole shall be reported to the Colloqui or the Provincial Synod to discern as well the Justification of the Person named as of his Reception and altho' the Person named was there justified yet he shall not be impos'd as a Pastor on the People contrary to their desire nor so much as to the dislike of the greatest part of them nor the Pastor in like manner against his will to the People and the difference shall be clear'd by order as abovesaid at the Charge and Expence of the Church which shall demand it CONFORMITY Although a Minister might be judged capable by the Synod or the Colloqui which have Examin'd him That is not sufficient to Establish him It is moreover requisite that the Flock that is appointed for him be satisfied with his Preaching therefore he is obliged to Preach Three several times before he receives the Imposition of Hands to the
end that if his way of Preaching please the People he may be confirm'd in his Ministry but on the other hand if all the People or the major part of them declare That they are not satisfied with his Preaching and that his Teaching is not to their liking Our Discipline doth very prudently Order that all shall surcease In effect as a Minister cannot be forced to yield his Service to a Church for the which he has no inclination so in like manner a Church cannot be obliged to make use of the Ministry of a Man whose Conduct and Preaching is not acceptable It is a kind of Wedlock which requires the reciprocal liking of both Parties Tom. 1. Orat. 8. p. 148. Paris 1630. There is nothing more firm and profitable said to this purpose Gregory Nazianzen than to receive freely the oversight of those you receive as your Teacher or Guide and see here the Reason he alledges for it Our Law saith he speaking of the Canons of the Church requires not that People should be led by force it desires that all should be done of free-will and without constraint And because it often happens that Ministers give no cause on their part for the refusal made of their Ministry by the Churches although 't was appointed for them and that this refusal has no other ground but the humour of an inconstant People the Ancient Canons have provided in declaring that these Pastors shall partake of the Honour of the Office and Function of a Minister and that the Provincial Synods shall provide them some settlement elsewhere The 18th Canon of the Council of Antioch in the Year of our Lord 341. is clear in the Case If a Bishop go not to the Church for which he was Consecrated and that it don't happen through his fault but by the opposition of the People or for some other subject for which he is not the Cause Let him partake of the Honour and of the Ministry provided he causes not any trouble to the Church whither he retires and let him take what the Synod of the Province shall judge convenient All the difference there is to be seen betwixt this Canon and the Article of our Discipline is That then the Pastors which were sent to the Churches had already received Ordination whereas amongst us it is to be receiv'd in the Church it self whither one is sent Nearer to which there cannot a greater Conformity be desired The 36th Canon of those father'd on the Apostles prescribes in effect the same as that of Antioch After all by this Order of the Canons Pastors could not be imposed on the Churches against their liking so it is that Pope Celestin writes in the 5th Century to the Bishops of the Provinces of Vienna and of Narbona Let no Bishop be given to those which oppose his Establishment Tom. 1. Conc. Gall. p. 57. and let the consent of the Clergy and People be first had to know if they desire to have him for their Pastor Leo the 1st Successor to Celestin after Sixtus the 3d writes near hand the same to Anastatius Bishop of Thessalonica p. 84. c. 5. Lyon 1652. and pretends That the Bishop be desired by the Clergy and the People and that without it he ought not to be sent fearing lest the People having received against their will a Bishop that they had no liking to might slight or hate him and not being able to have him they desired to have they out of measure decay in Piety and Religion The 5th Council of Orleans in the Year 549. renews in the xi Canon the Ancient Decrees and pronounces Sentence of Deposition without hope of Restoration against those which intrude into the Ministry any other way and that do by violence usurp the Conduct of a Church against the Will of the Clergy and People whereof it is compos'd and without having been called unto it by any lawful Ordinance And the 3d of Paris Assembled Anno Dom. 557. Emplies also to this same effect Ibid. The 8th Canon contained in terms no less strong than that of Orleans There would never be an end should one undertake to cite all the Testimonies of the Ancients touching the part Believers had in Election of their Conducters for besides what I have hitherto writ there are a great many proofs of this Truth For instance L. 6. c. 43. p. 245. That which is said by Cornelius Bishop of Rome in Eusebius of the Ordination of Novatian unto the Office of Priest for 't is easily collected out of this Relation That the People were wont to give their Voices and Consent in these occasions The Fathers of the 1st Council of Nice speak fully of the Choice of the People Apud Theodor. l. 1. c. 9. Ibid. 1.20 p. 50. in the Letter which they wrote to the Church of Alexandria The Emperor Constantine writing to those of Nicomedia he says That 't is in their power to make choice of what Pastor they please and that it depends freely of their Judgment The Council of Calcedon in the xi Action speaking of the Church of Ephesus saith Tom. 3. Concil p. 410. 462. That a Bishop shall be given them as shall be Elected by the consent of all those which he is to feed And in the 16th Action there is also mention made of the suffrage of the People Those that will take the pains to read the 20th Chapter of the 4th Book of Theodoret's Ecclesiastical History the 15th of the 5th Book of that of Socrates the 19th of the 8th of Zozomen the 12th of the 2d of that of Evagrius with the 67th and 76th of Synesius will find several Examples of the Practice which I Examine The IX Century affords us a Treatise expresly about Elections of Bishops written by Florus Deacon of the Church of Lyons the which is contain'd at large in the 2d Volume of the Works of Agobard Bishop of the same place of the last Edition for which we are beholding to the care of Mr. Baluze Pa. 254 c. This excellent Writer Establishes throughout the whole Treatise the Right of the People and proves That they ever had their part in the Vocation of their Pastors and that this was also practised in his time and also in the Roman Church To conclude The Vocation of a Minister was not thought Legitimate if the Voice of the Clergy and People had not interven'd which practise continued also in the XIIth Century at least in the West as appears by a Treatise of Arnulph Arch-Deacon of Siez and afterwards Bishop of Lisieuz against Gerrard Bishop of Angouleme Tom. 2. p. 343 363. for he saith in the 2d Chapter That there 's no likelihood that the Clergy nor the People had any part in his Election And in the 7th wherein he reproaches him to have usurped the Archbishoprick of Bourdeaux he speaks after this manner The desire of the People did not precede no more than the
same City of Antioch In the Year 346 Euphrates Bishop of Cologne was also depos'd by a Council Assembled in the same City for an impiety much like that of Paul of Samosatia for he denied that Jesus Christ was God It was on the same ground that in the Ancient Church Pelagius Celestius Julian and their followers Nestorius Eutyches and many others were Anathematiz'd not to speak of what was done against Arrius in the first Council of Nice I do not here make mention of scandalous vices for which Ministers deserve to be depos'd because I shall speak of them in the following Articles I will only add that the 45th Canon of the Apostles deprives of the Communion the Bishop Priest and Deacon which do so much as pray with Hereticks that is to say according to Balsamons interpretation If they have any Communication with them but he deposes them if they permit them to do any Ecclesiastical Function and the 46th if they allow of their Baptism and Oblation XLVIII Those shall not be depos'd who through Sickness Age or other the like accident shall be incapable of doing their Office in which case they shall still enjoy the Honour and shall be recommended to their Churches for a maintenance being provided of another which shall perform their Office CONFORMITY Old Age and Sickness being no lawful cause of deposition it is with good reason they here except them out of the Number of those things for which Bishops and Deacons are wont to be degraded and to turn them into the Rank of Lay-men from the which they were before distinguish'd as for Old Age it is certain that in the Primitive Church when a Pastor was well stricken in years and that by reason thereof he could not perform all things relating to his Office some other was chosen to assist him but in continuing to him the Honour of his Office and a competent Maintenance Euseb Hist Eccles l. 6. c. â— It was so practised at the beginning of the 3d Century in regard of Narcissus Bishop of Jerusalem Aged 116 years for there was by consent of the Neighbouring Bishops given to assist him in that weighty employment Alexander who had been Bishop in Capadocia It was for the same reason that Theotecnus Id. ib. l. 7. c. â—2 p. 288. Bishop of Caesarea of Palestine Consecrated one Anatolius Bishop with whom he divided the care of his Disocess which they govern'd both together for some time These are the two Ancientest Examples of Coadjutors of Bishops as is spoke at this time they were at first introduced for the ease of Ministers who for their extreme Age could not discharge the Duties of their Pastoral Office but since that time Favour and Ambition has had a much greater share in establishing these kind of Coadjutors than Necessity although the Council of Antioch in the year 341 expresly defends it in the 23. Canon which practise St. Austin was a stranger to when Valerius made him his Coadjutor and designed him his Successor as Possidonius observes in the eighth Chapter of his Life where he takes if I be not deceived the Council of Antioch for that of Nice the fourth Canon of which prescribes only the manner of Promotion of Bishops whereas the 23. of Antioch absolutely prohibits a Bishop to establish himself a Successor and by the same means a Coadjutor I come now to Sicknesses and other like accidents for the which we do not think fit a Minister should be deposed we do not indeed in the first Ages of the Church find any Rule on this subject because in all likelihood as yet none were found that would dispute to a Pastor who by reason of Sickness could not discharge the Duties of his Calling the name and quality of Pastor no more than things necessary for his subsistence In the time of Gregory the First things having in all likelihood changed face in this regard this Prelate made a Constitution which is yet to be seen in the 11th Book of his Letters Indict 6. Ep. 7 8. by which he appoints that a Coadjutor shall be provided for the Bishop who by reason of Sickness cannot take care of his Congregation which nevertheless shall be bound to maintain him as before it is much after this sort he deals by the Bishop of Rimini who by his own confession a great pain in the head rendered incapable of discharging his Episcopal Office for which cause he desired to be absolutely discharged that another might be put in his place which could not have been done without his consent but only to have given him a Coadjutor The Bishops of France did otherwise in regard of Heriman or Herman Bishop of Nevers who was troubled with a mighty head-ach but he stoutly resisted them as also Vvemlen Bishop of Sens his Metropolitan for they would have put another in his place against his will but having writ to Pope Nicholas the First in the year 862 he disapproved what they did in the case Tom. â— Cone Gal. Ann. 862. p. 87 88 politickly avoiding the question they put to him touching the forged Decretal of Melchiades In the Appendix at the end of the Letters of Loup Abbot of Ferriers of the last Edition there 's a Letter of Innocent the Third to the Archbishop of Tours writ in the year 1209 whereby he will have the Bishop of Perigueux to resign his Bishoprick to another because he was uncapable and unfit to discharge the Office and that moreover he wasted the Treasure of the Churches altho he judges the former reason sufficient cause for the resignation But Innocent the Sixth in the sixth year of his Popedom that is about the year of Christ 1360 writes to Girlac Archbishop of Mayence to appoint a Coadjutor to Salvian Bishop of Worms by reason of his great age and sickness without leaving the Coadjutor any hopes of succeeding him after his death the Letter is to be seen in the same Appendix Mark Patriarch of Alexandria Apud Beaureg Annot. in Can. Apost To. 2. Pandect p. 37. having demanded of Balsaman the famous Greek Canonist that liv'd in the Twelfth Century If a man that had but one hand or but one eye were worthy the honour of Priesthood and whether 't were permitted to him that after Ordidination chanc'd to be dismembered in any part of his body to celebrate Divine Service or not Balsaman after having alledged the 77 and 78 Canons of those which go in the Apostles names to resolve the difficulty proposed to him adds That those ought not to be established in Ecclesiastical Offices which by reason of their sickness and infirmities are incapable of doing their Duties but as for those which since their Ordination are faln into any mischance he declares That if their inconvenience don't hinder them from discharging their calling they are permitted to continue in it and to celebrate Divine Service but if the inconvenience be such as that it hinders them he will that they
desist from doing the service but that the honour and dignity be continued them with the enjoyment of things necessary for their subsistence Mathew Paris observes in his History of England in the year 1095 that Lanfranc Archbishop of Canterbury in a Synod he held at Westminster Anno 1075 judged that the not understanding the French Tongue in a Bishop with the incapacity of not assisting at the King's Councils was a just cause of deposition and it was thereon he grounded that of Wolstan Bishop of Worcester Hereby let the Genius of this Prelate be judged and let no body any further wonder that the Doctrine of Transubstantiation which he promoted with so much earnestness made such progress in a time of such ignorance to the prejudice of the ancient belief of the Church Moreover the Reader may observe if he please that the ancient Councils did not put the inconveniencies of Lunatism and of those tormented by the evil spirit in the rank of those for which it was not suffered to depose Pastors on the contrary they banished from Ecclesiastical Orders all those as were any ways touched with these things and if they were already promoted they were removed as appears by the 29th Can. of the Council of Eliberi in Spain Tom. 1. Conc. pag. 235. assembled in the year 305. By the 16th of the first Council of Orange in the year 401 in the first Tome of the Councils of France by the 13th of the 11th of Toledo in the year 675. Tom. 4. Conc. p. 825. it is answerable to what Pope Gelasius the First writ to the Bishops of Lucania at the end of the Fifth Century Cap. 21. Tom. 3. Concil p. 636. There might be added to all these Testimonies Grat. 33. Distinct Cap. 3 4. XLIX Scandalous Vices punishable by the Magistrate as Murder Treason and others which shall reflect to the great dishonour and scandal of the Church deserve that the Minister shall be deposed altho they had been committed not only before his Election but also in the days of his ignorance and that in case of continuance in the Ministry he brings greater scandal than edification to the Church whereof the Synods shall take account CONFORMITY St. Paul who lays down to his Disciple Timothy the qualities requisite to be in a good Pastor desires amongst other things he should be irreprehensible the Primitive Christians following the steps of this great Apostle have always with great care debarred from all Ecclesiastical Offices those who were not of a very clear reputation especially such as were vicious and scandalous whom they never would admit of and they were so strict herein that when they came to know after the Ordination of any one that he had committed any heinous sin before his promotion for example the sins of Fornication or Adultery they inflicted on him a punishment in some measure proportionable to the greatness of his crime but far less than if he had done it after his Ordination The Council of Neocaesaria assembled as is thought in the year 314 the Decrees whereof make part of the Code of the Canons of the Universal Church this Council sufficiently instructs us of the two things I now have mentioned for in the ninth Canon it forbids the Celebration of Divine Mysteries to him that shall have confest or be convinced to have sinned in his body before his promotion permitting him nevertheless for living soberly since his receiving into Priestly Orders to exercise the other Functions but in the former the Fathers intirely depose the Priest which shall have committed Adultery or Fornication that is since his admission into Holy Orders The Council of Valentia in Dauphine in the year 374 in its fourth Canon excludes from all Church Dignities the Bishops Priests and Deacons which declare at the time of their Ordination that they are guilty of any Crime which deserves death Tom. 1. Conc Gal. pag. 19. And that of Orleans in the year 511 And the first of those hold at that place deposes and Excommunicates in the ninth Canon the Priest or Deacon which shall have committed any Capital sin an Ordinance which the Synod of Epaume renewed Ib. p. 180. 22. Canon of the year 517 in the same Tome of the Councils of France the rigor of the ancient Discipline extended so far as to suspend the Priest who was accused of any evil action by the People committed to his Charge altho the Bishop could not prove the things by sufficient witness Tom. 3. Concil pa. 817. c 10. and the suspension was to hold till he had fully acquitted himself that is to say till his innocency had appeared to those that thought him guilty We at least find so by a fragment of a Council of Lerida in Spain assembled according to the common opinion in the year of our Lord 524. Those who are convicted of any evil action are excluded from Holy Orders by the 61 Canon of the Apostles But because in examining the 47th Article we deferred to treat of the scandalous vices therein mentioned when we consider this and the following ones it is requisite we should say somewhat of each The Council of Lerida above-mentioned appoints in the same place to depose those which shall be convicted of Cheating Perjury Robbing Fornication and other the like crimes under which may be comprehended Drunkenness and Quarrelling both worthy to be punished by the Law two Sins which are also mentioned in the 47th Article of our Discipline without touching at the 55th Canon of the Synod of Laodicea which forbids Church-men to make Feasts where each person contributes his share and portion nor at the 24th which forbids them entering into a Tavern The Council of Epaume Can. 13. Can. 22. cited a little before puts false witness in the number of Capital Sins for which it will have Ministers to be deposed The third of Orleans in the year 538. speaks of Adultery Thieving Cheating of Perjury or false witness in the seventh and eighth Canons Tom. Conc. Gall. and the 42th of the Apostles formally depose against Play and Drunkenness and the 25th for the same Sins as the third of Orleans And the 54th excludes from the Communion any one of the Clergy found entring into a Tavern unless it be in Travelling that he by necessity is constrained to lodg in a Tavern or Inn and the twelfth Canon of the fourth Council of Tolledo in the year 633 excludes from the Ministry of the Church those which are spotted with any crime or which do bear any mark of infamy As for what regards Simony which according to our Discipline deserves deposition St. Basil was of the same judgment as he shews in the Letter which he writ to the Bishops of his Diocess and which in the new Edition Printed in England of the Canonical Epistles of the Holy Fathers four years ago makes the 91 Canon of this Holy Doctor The second Canon of the Council of Chalcedon without redemption
To this Settlement may be referr'd the Canons which descend to receive to the Communion in a Church or Province those which have been Excommunicated in another as the 5th of the 1st Council of Nice the 6th of that of Antioch the 32 of the Apostles and divers others After all the Constitution of our Discipline which we examine gives Power to Synods to restore after due acknowledgment those which have been depos'd for lesser faults but to serve in another Church which in substance Tom. 3. Concil p. 817. c. 10. is one of the Decrees of the Council of Lerida which we have cited several times there 's something much like this in the 11th Canon of the Council in Trullo at the end of the 7th Century Tom. 5. Conc. Page 329. LIV. Vagabonds that is to say those which have no vocation and that intrude into the Ministry shall be suppressed and whatsoever the Provincial Synods do as to prohibiting the Ministry it shall have the same virtue and effect as if the National Synod had enjoin'd it CONFORMITY The 6th Canon of the first Oecumenical Council of Constantinople may well be applied to this Article seeing it was made against those which endeavour to confound and overthrow the Ecclesiastical Order In the year 752. was held a Council at Verberie in Valois Tom. 2. Conc. Gall. p. 4. it was a Royal House in the Diocess of Soissons near Champaigne The 14th Canon of which is against wandring and straying Bishops The 22d of that of Mayence in the year 813 in the same Volume pag. 281. is also against wanderers as also the 101st of the Synod of Aix la Chappelle in the year 816. the same page 376. And to conclude the 5th of the 2d Council of Toul Assembled at Tousi in the same Diocess Anno Dom. 860. by Order of Charles the Bald and of Lothaire to all these Canons may be added the 13th of the Synod of Vernon under Pepin in the Year 755. Tom. 1. Conc. Gall. pag. 3. LV. Those which are declared Vagabonds Apostates Hereticks Schismaticks shall be proclaim'd in all Churches that they might beware of them and a List of their Names shall be deliver'd to the Provincial and National Synods CONFORMITY What we have said on the 52d Article is very proper for this therefore it is needless to repeat it LVI Those who have been put in the number of Wanderers by advice of the National Synod cannot be struck out but by another National Synod CONFORMITY There 's nothing in this Establishment but what is conformable to the method of Ancient Canons which frequently remitted differences to be determin'd at Synods to the end that being decided this way every body should acquiesce to their determinations especially when it was transacted by the Synods of the whole Diocess which comprehended several Provinces and to which do answer our National Synods this appears by several Canons of the Councils of Nice of Antioch of the 1st of Constantinople and others the 22d of the Council of Mayence alledged by us on the 54th Article does expresly refer the question of wandring Church-men to the Censure of the Synod LVII Those which shall insinuate themselves into the Ministry in the Provinces and Places where the pure Ministry is already Established shall be duely advertised to desist and in case they persevere they shall be declar'd Schismaticks as also those which adhere to them if after the like warning they do not leave them CONFORMITY No one saith the Apostle ought to assume to himself the Honour of the Ministry unless he be lawfully called to it therefore 't is with great reason that the Authors of our Discipline appoint That the temerity of those should be reproved which intrude into the Ministry without Vocation both in the Country and other places where the Ministry is already Established It is on this account that the Author of the pretended Canons of the Apostles L. 3. c. 10. Paris 1608. prohibits Lay-persons to perform any Function of the Sacred Ministry of the Church as to Christen to Administer the Lord's Supper and the laying on of hands and declares That those which shall undertake it without being called shall be punished with the punishment of Vzza It is for the same reason That the Ancient Canons forbid Bishops on pain of Deposing to meddle out of their Diocesses or there to make Ordinations to the prejudice of their Brethren It is just the same as is enjoyn'd in the 35th of the Apostles to the which may also be added the 12th and the 16th of the 1st Council of Nice which say something near the same matter The 8th of the 1st Council of Ephesus in the Year 431 is more formal for upon occasion of the Incroachments which the Bishop of Antioch made on the Isle of Cyprus the Fathers appoint That each Province shall enjoy its Privileges and forbids Bishops to incroach or make themselves Masters of places which have not been always under their Conduct with Express Command to restore those they had usurped that the Authority of Ancient Canons may not be trampled under foot To all which may be added part of what I have observed on the 18th and 24th Articles and besides what Socrates has writ of one Ischyras which was of St. Athanasius his Diocess and who never having been preferr'd to the Honour of Priesthood had nevertheless the impudence to assume the Name and do the Functions of a Priest which the Historian judged worthy of several deaths It 's true this inconsiderate Person in all likelihood acted after this manner thinking he should be favour'd by the Arrians which were Enemies to Athanasius which succeeded accordingly for they advanc'd him to be Bishop as appears by the 20th Chapter of the 2d Book of the same Socrates Zozomen calls him Ischyrion in the 12th Chap. of the 3d Book of his History CHAP. II. Of SCHOOLS ARTICLE I. THE Churches shall use their best endeavour to Erect Schools and shall give Directions that Youth be instructed CONFORMITY The instruction of Youth being of the greatest importance for establishing of the Truth for advancing the Glory of God and for the Edification of his People it was great reason to procure amongst us the means of doing it wherein our Fathers have exactly followed the Example of the Primitive Christians who neglected nothing for the Educating of their Children for not to insist on Grammar or Rhetorick to which Schools they sent them until the Emperor Julian the Apostate who gain'd this Name by his falling off from the Truth forbid the Masters of those two Arts to teach them to Christians which Amianus Marcelinus though a Heathen condemns as an Action directly contrary to the Laws of Clemency and Equity not to insist I say on these things no more than on other humane Sciences the knowledg of which they were no strangers to Who don't know that their principal study was to understand the Truths of the Holy Scriptures
and Excommunicate Lay Persons who being in Town pass Three Sundays without being present at the Holy Exercises made in the Assemblies of the Church XIII Those which make it their practice to hear Sermons in one Church and to receive the Holy Sacraments in another shall be advertis'd and sensur'd and shall associate themselves to the nearest and most convenient Congregation as shall be advised by the Colloque CONFORMITY In the time of St. Justin Martyr Apol. 1. pag. 97. the Christians met together in one place from City and Country not only to hear the Word of God but also to receive the Holy Sacrament The Council of Agde in Languedock which held in the Year 606 Tom. 1. Conc. Gall. cap. 21. p. 165. suffers those that are far from Parish Churches to have private Oratories for the ease of their Families nevertheless enjoyns them to be present at their Parishes on the chief and solemn Feasts of the Year Charlemain in his Capitulary of the Year 789 Tom. 2. cap. 9. pag. 157. requires it should be done on all Holy Dayes and Sundays and forbids private Persons to desire Priests to say Divine Service in their Houses on those Dayes Ibid. cap. 45.46 p. 223 Theodulph Bishop of Orleans prescribes the same thing in his in the Year 797 to this same Discipline may also be referr'd the Second Cannon of the Council of Nants whereof I spake on the Fifth Article XIV Although in our Churches the Lords Supper is not wont to be celebrated above four times a year yet it were to be desired it were celebrated oftner the due Reverence thereunto belonging being observed because it is very necessary that the most upright may be Exercised and Mercies in Faith by the frequent use of the Sacraments as also the Example of the Primitive Church doth teach us And therefore the National Synod shall give Direction as the good of the Church shall require CONFORMITY The lukewarmness of Christians in Piety has been the cause that Communions have been less frequent than they were in the Primitive times Therefore our Discipline has setled them at four times a year desiring nevertheless that People were in a state fit to Communicate oftner The Council of Agde which I cited on the foregoing Article reduces it to Three times in the 18th Cannon That of Autun Can. 14. p. 71. in the Supplement of French Councils doth the same in the Year 630. Atto Bishop of Verceil in the Tenth Century renews that of Agde in its Capitulary Tom. 8. Spicil c. 73. pag. 27. Ratherius of Verona in the same Century speaks of Four times a year in his Synodal Epistle to the Priests of his Diocess which is inserted by Don Luke De Achery in his second Spicilegium Peter de Celles in his Treatise of Monastical Discipline which is in the Third Spicil writes pag. 94. That 't is sufficient for a Lay Person to communicate once a year The Council of Trent in the Thirteenth Session under Julius the Third Anno 1551 the 11th of October Anathematises in the Ninth Cannon Tom. 9. Coâ—c p. 382. all those that shall deny that Believers of both Sexes are obliged to communicate at Easter at least once a year although in the 22th Session which is the Sixth under Pius the Fourth in the Year 1562 and the 17th of September Ib. p. 40â— touching the Doctrine of the Sacrifice of the Mass chap. 6. The Synod desires that all the Believers which are present should communicate not only by a Spiritual affection and desire but also by a Sacramental participation which Cardinal Borrome has not failed to observe and confirm in some of the Councils which he held at Millan â—â— p. 453 517 549. I almost forgot the Fiftieth Cannon of the Council of Tours assembled Anno 813. That Lay Persons communicate at least thrice a year if they cannot receive oftner unless that they were hindred by some great Sin which is repeated word for word in the 45th chap. of the Second Book of the Capitularies of our Kings Theodulphus Bishop of Orleans contented himself at the end of the Eighth Century to warn Believers that they should not abstain too long from receiving the Holy Sacrament and to procure the qualities fit and necessary when they intended to approach to so great a Sacrament Ib. c. 44. pag. 223. Honorius of Autun observes in the Tenth Volumne of the Library of the Holy Fathers pag. 1198. that 't was agreed on by reason of worldly Men that one should communicate either every Lords Day or every Third Sunday or on great Holy Dayes or three times a year CHAP. XIII Of MARRIAGES ARTICLE I. THose which are under Age cannot Contract Marriage without consent of their Father and Mother or others under whose care they are committed nevertheless if their said Father and Mother be so unreasonable as to refuse to agree to a thing so Holy and Profitable even doing it in hatred to Religion the Consistory shall advise the Parties to have their recourse to the Magistrate CONFORMITY The Discipline of the Antient Church has provided for what ours doth here enjoyn and hath taken care to keep Children in the respect and obedience which they owe to their Parents forbidding them to marry without their consent and 't is not only in regard of Children it does so but also in regard of all such as are under Tuition of others It is the matter and subject of the 42 Cannon of St. Basils second Canonical Epistle Tom. 3. p. 33. Marriages made without consent of those under the power of whom one is are Fornications those then who marry during the Life of Father or Guardian are not excusable till their consent be had for then the Marriage becomes lawful and receives the vertue which it ought to have This Cannon is as 't were an abridgement of Two preceeding ones as is observ'd by Balzamon and Zonares Greek Cannonists who pretend that Marriage is void without the consent I but now speak of and that it ought to be dissolv'd The 23th Cannon of the same Epistle is also very full to this purpose Maids which follow their Lovers without consent of Father c. live in Fornication but if Father and Mother are reconcil'd to them the thing seems to be setled in a good state by this remedy nevertheless that they be not admitted to partake of the Lords Supper until after three years Pennance Whereupon the same Greek Cannonists above-mentioned observe that the consent of Parents that is to say of Father and Mother doth change Fornication into lawful Marriage without departing at all from the sensure contain'd in the Cannon The 22th Cannon of the Fourth Council of Orleans Tom. 1. Conc. Gall. p. 265 Ib. p. 316 pag. 5â—4 in the Year 541 prohibits the taking a Maid in Marriage without consent of Father and Mother the Sixth of the Third Synod of Paris Anno 557 forbids also the
that here is to be an intire Separation both from Bed and as to Obligation The Second is in the 19th chap. of the same Gospel verse 3 c. The Pharisees also came unto him tempting him and saying unto him Is it lawful for a man to put away his Wife for every cause and he answered and said unto them Have you not read that he which made them made them at the beginning Male and Female and said For this cause shall a man leave father and mother and shall cleave to his Wife and they twain shall be one flesh wherefore they are no more twain but one flesh What therefore God has joyned together let no man put asunder They say unto him Why did Moses then command to give a writing of divorcement and to put her away He saith unto them Moses because of the hardness of your hearts suffer'd you to put away your Wifes but from the beginning it was not so And I say unto you whosoever shall put away his wife except it be for fornication and shall marry another committeth Adultery And whosoever marryeth her which is put away doth commit Adultery As the Pharisees in their demand understood a total Separation it must not also be doubted but Jesus Christ meant it so also in the Answer he made them In effect amongst the Jews the term to repudiate comprehends an intire rupture with power to re-marry again Therefore in the Antient formulary of Divorces amongst the Jews the Husband spake thus to the Wife which he put away I send thee going and repudiate thee to the end thou mayest be at liberty to marry whom thou wilt Let us now see what the Witnesses do depose which I have ingaged to produce for establishing the matter in dispute I 'le begin by Chromatius Bishop of Aquilea one of the Holiest and most Learned Prelates of his time that is to say of the Fourth Century and the beginning of the Fifth This Learned Writer Interpreting the two verses of the Fifth chap. of St. Matthew above transcrib'd speaks in this manner Let them know how great the crime of condemnation is which those do incur in the sight of God Tom. 2. Biol Sal. p. 168. who being overcome with the unbridled pleasure of Lust and without cause of Adultery cast off their Wifes to pass on to another Marriage It appears by the reasoning of Chromatius that if they cast them off for Adultery they were permitted to re-marry and having shewn that though the Laws of Men suffer'd to repudiate ones Wife for other cause than Adultery those which did it were nevertheless inexcusable but their sins was so much the greater that they preferred the Laws of Men before the Law of God After this I say he adds As it is not permitted to cast off a woman that lives chastly and honestly so also 't is permitted to repudiate an Adulteress because such a one renders her self unworthy of her Husbands Company which in sinning against her own Body had the boldness to defile the Temple of God The Deacon Hillary a Writer of the Fourth Century in his Commentaries on St. Pauls Epistles in the Third Volume of St. Ambrose his Works Hillary Expounding these words of the 11th verse of the 7th chap. of the â— Ep. to the Cor. pag. 365. Neither let the Woman forsake her Husband he thus explains himself it must be understood except it be for the cause of Adultery because it is permitted for the Husband to marry after having repudiated his Wife for cause of Adultery St. Epiphanius is full in the case seeing he expresses himself in this manner Him who could not be content with one Wife whether she dyed or that he put her away for Adultery Fornication or some other Crime if he joyn himself to another Wife or if a Woman for the same cause takes a second Husband the Word of God condemns them not neither deprives them of the Communion of the Church nor of Eternal Life but it bears with them for infirmity sake not that he should have two Wifes at once the one being yet alive and in being but to the end that after having left one he may if he will take another lawfully The Jesuit Petau in his Notes on the words of St. Tom. 2. p. 255. Epiphanius does acknowledge this was the Opinion of this Antient Doctor but he adds That if at that time it was suffer'd to have it because the Church had not yet determin'd any thing in this matter it is not permitted at this time after the decision of the Council of Trent Sess 24. cap. 7. nevertheless he owns this Decree of Trent is not agreeable to some of those cited by Gratian causa 32. quaest 7. and also that Cardinal Cajetan and some other Doctors of his Communion have followed an Opinion contrary to the definition of the Fathers of Trent that is to say That they believed that 't is permitted to a Christian to put away his Wife for Adultery and to marry another in effect not only Cajetan on the 19th chap. of St. Matth. but also Ambrose Catharine in the Fifth Book of his Annotations and Erasmus on the 7th chap. of the 1 Ep. to the Corinth have been of this Judgment Auitus Bishop of Vienna at the end of the Fifth Century and beginning of the Sixth sufficiently manifests that in his time Divorcement was made for Adultery with liberty to re-marry Ep. 49. p. 110. observing in one of his Letters That 't is for that cause alone God permits a man to separate from his wife Upon which Father Sirmond who has Published the Works of Auilus makes this observation It from hence appears that in that time it was believed in France that the Husband might by the permission of Jesus Christ leave his Wife in case of Adultery and marry another Which he confirms by a Cannon of a Synod of Vannes which I will cite anon Loup Abbot of Ferriers in Gattinois was in the Ninth Century of the same Opinion with Auitus Ep. 29. pag. 54. for he says as well as him that 't is only Fornication can dissolve Marriage to which Monsieur Baluze who compleated the last Edition with Learned Notes applyes also the Jesuit Sirmond's Observation which I but now mention'd Isaac Bishop of Langres in the Third Title of his Cannons which treat of Adulterys saith plainly chap. 1. That the Husband whose Wife is an Adulteress has power to take another if he please This Prelate wrote and liv'd in the Ninth Century I now come to the Councils whose Authority may contribute to the Establishment of the matter I examin and I begin with the First Council of Arles which the Emperour Constantine assembled in the Year 314 a Council famous for the Decrees there made and for the number of Bishops which were there present for there was 600 if several Writers may be credited In effect there is in the Collection of Letters of Ireland by Bishop
Vsher a Letter of Cummin a Priest to the Abbot Seguinus touching the keeping Easter Ep. 11. p. 28. wherein he wrote to him above a 1000 years ago That the Council of Arles composed of 600 Bishops confirm'd in the First Cannon what had been concluded upon for the observing of Easter that is to say that it should be Celebrated all over the World at one time and one day Ado Bishop of Vienna in the Ninth Century writes in the Sixth Age of his Chronicle That in the time that Marin was Bishop of Arles there met a Council of 600 Bishops In the 10th Spicilegium of Dom Luke D' Achery and in the Additions there is to be seen an observation touching Synods which was taken from an Antient Collection writ above 800 years ago wherein mention is made of the Council we speak of Tom 10. p 633. and of the number of 600 Bishops there present and apparently it was in reference to this great number of Prelates Tom. 1. Conc. Gall. p. 105. Tom. 1. Conc. Gall. p. 6. that the Fathers of the Second Council assembled in the same City in the year 542 said in the Eighteenth Cannon That the first was assembled from all parts of the World However it be the Tenth Cannon of the First Council which concerns the business we treat of is expressed in these terms As to young Men that are Believers which surprize their Wifes in Adultery and who are forbidden to marry others It has seem'd good to us that they should be advis'd as much as may be not to marry again during their Wifes life time although Adulteresses I gather two things from this Cannon First Before the holding this Council there were those which prohibited them which left their Wifes for Adultery to marry again Secondly That the Fathers of the Council to the number of 600 amongst which there are Two Priests and Two Deacons of the Church of Rome which held the place of Silvester its Bishop these Prelates having maturely examined the business changed the Prohibition into an Advice which they desired might be followed but no farther than Mans weakness could bear which shews that they did not believe as now a days in the Romish Communion That the Band of Marriage is indissolvable though Adultery should intervene In the year of our Lord 465 there was held a Council at Vannes in Brittany see here its Second Cannon As for those who forsake their Wifes Tom. 1. Gall. p. 138. unless it be in case of Adultery as is expressed in the Gospel and do Marry others without having proved the Adultery we ordain they shall be deprived of the Lords Supper that is to say Excommunicated lest through our remissness Sins unpunished may incline others to licentiousness It appears by this Cannon that when the Adultery was proved it was permitted to conclude another Marriage it was so 't was understood by Father Sirmond on the Letter of Auitus above-mentioned wherein he was followed by his Nephew Mr. De la Lande Treasurer of the Church of St. Framburg of Senlis for in the Supplement of French Councils pag. 349. he explains this Cannon in the same manner as I have explained it and this ought not to be regarded as a private interpretation seeing this Supplement was approved by the Clergy of France assembled at Paris in the years 1655 and 56. The Synod of Agde in Languedoc in the year 506 Tom. 1. Conc. Gall. p. 166. marches in the same steps of that of Vannes in the 25th Cannon which Excommunicate those which put away their Wifes to marry themselves to others before they represent to the Bishops of the Province the causes of their Separation and before their Wifes have been condemn'd that is for Adultery for when they were once convicted Husbands were permitted to Marry others it is what is lawfully inferr'd from this Cannon Theodore Arch-Bishop of Canterbury held a Synod in the year 670 as Beda writes in his Ecclesiastical History of England wherein he made these Cannons relating to Marriage Lib. 4. c. 5. Let no Man forsake his Wife unless it be for Fornication as the Gospel does direct If any one puts away his Wife whom he has lawfully marryed let him not marry another if he will be a good Christian but let him continue as he is or let him be reconcil'd to his own Wife That is If he puts her away for any other cause than for Adultery And it can't be question'd but this is the true meaning of the words of Theodore especially if one considers that in Dom Luke D' Achery's Ninth Spicilegium There are a certain number of Cannons chosen out of all those of the said Theodores the 116th of which formally contains this Decree pag. 62. It is permitted to him whose Wife has committed Adultery to put her away and to take another Gratian attributes this Decree to Pope Zachary who liv'd in the Eighth Century ca. 32. c. 7. Conc. Concnbaiâ—ii You have layn with your Wifes Sister if it be so you cannot have to Wife neither the one nor the other but as for her that was your Wife if she consented not to this crime and that she cannot contain she may marry in the Lord to whom she thinks sit The Antient Copies Manuscripts and Old Editions of Gratian produce this Decree as being Pope Zachary's yet there are Compilers of Decrees which have cited it as having taken it out of the Roman Penitential Binchard lib. 19. c. 5. Enq. but 't is nothing the less considerable seeing 't was the Penitential whereof Zachary was the Compiler The Author of the Gloss explains the last words of the Cannon in this manner Let her marry to whom she will He explains them in adding these others after the Death of her Husband As if a Woman whose Husband was Dead was not in full liberty to re-marry without having any permission for so doing whereas here there is question of a Man convicted of Adultery whereby Marriage is dissolv'd therefore the Woman which is Innocent and has no share in the Husbands Crime she is permitted to re-marry Erasmus on the 7th chap. of the 1. Ep. to the Cor. where he examins the Question Whether Divorce is sometimes permitted amongst Christians Erasmus reproves and condemns the Gloss I but just now cited as being contrary to the words of the Decree and to the intention of Pope Zachary to whom 't is attributed and he does so against the Master of Sentences Lib. 4. dist 34. who had interpreted the Cannon with this addition that is to say after the Death of the Husband The Council of Verberie in Vallois assembled in the year 752 Tom. 2. Conc. Gall. p. 2. made several Decrees the Second whereof is compriz'd in these terms If any one carnally knows his Wifes Daughter he cannot have the Mother nor Daughter and neither she nor him cannot never after marry any others but as for the
Superstitions of the Church of Rome And as for private Actions and the corrections proper thereunto it shall be what the Consistory shall judge convenient CONFORMITY The same may be said almost of this as I said of the Third and add withal That after our Separation from the Church of Rome for things which we do not approve we cannot with safe Conscience practice any of those things which have been the motive and cause of our Separation V. Notaries Secretaries and others who by their Offices are obliged to Sign and Seal things indifferently which are presented to them shall not be blamed for receiving Testaments passing Contracts and dispatching Letters of things which concern Idolatry nor Judges for judging causes concerning Ecclesiastical Matters and the Execution of Edicts CONFORMITY The Authors of our Discipline have prudently permitted those of our Communion in preferrence to those of the Church of Rome to do all things as may be done without prejudicing ones Conscience or indangering Salvation VI. Arbitrators shall not meddle with any Matters that concern Idolatry directly nor Indirectly CONFORMITY There needs no other Commentary on this Establishment then what I have remarked on the Tenth and Eleventh VII Advocates and Attorneys may not plead in causes which tend to taking away Preaching and setting up Mass and generally they shall not be suffered to give Council to the Romish Clergy in causes which tend directly or indirectly to the oppression of the Church and true Religion CONFORMITY There can be nothing more just than to forbid all Persons of our Religion to Establish what we do condemn and to destroy what we set up VIII Neither Bishops nor Officials nor Arch-Deacons such as they are at present have by right any Jurisdiction Ecclesiastical nor Civil Nevertheless because Believers are sometimes constrain'd to appear before them to gain their Right which otherwise were not to be obtain'd they may thither make their address being referr'd by the Magistrate to whom they are first to apply themselves CONFORMITY One may and ought also submit to all the Jurisdictions Established in a Country by Consent and Authority of the Sovereign especially when one is appointed so to do by Order of the Magistrate under this condition nevertheless That the Service of God be not thereby injur'd nor the Conscience concern'd IX Advocates that are Believers ought not to plead on any account whatsoever before Officials but only in cases for which one may prosecute their Right before them according to the precedent Article CONFORMITY This Article depending of the former its needless to look for any other Explication X. It is not a thing unlawful in it self to exercise Civil Jurisdictions and Procurations under Ecclesiastical Persons which do not at all concern that which they call the Spirituality CONFORMITY Seeing it is permitted to acknowledge the Jurisdictions of Ecclesiastical Persons on certain occasions and in the manner above established it may also be permitted to Exercise them XI Believers may not obtain nor publish Monitories nor Excommunications of the Roman Church CONFORMITY The Protestants not acknowledging the Popes Authority to be Legitimate they ought not to have recourse to it Directly nor Indirectly XII Inasmuch as it is not lawful nor expedient to go hear the Preachers of the Church of Rome or others that intrude themselves without being lawfully called the Flocks shall be hinder'd by the Ministers from going thither and those that will go shall be summon'd before the Consistory and sensur'd as the case shall require CONFORMITY It 's above Thirteen Hundred years ago that the Council of Laodicea made this Decree Those which are Members of the Church shall not be permitted to go to Church yards nor to Oratories of any Hereticks whatsoever either to Pray or to obtain the healing of any Sickness but the Believers that have so done shall for a time be deprived of the Holy Communion and upon confessing and repenting their fault shall afterwards be restor'd again XIII Lords Gentlemen and others shall be advertised not to entertain in their Houses scandalous and incorrigible Persons and especially if they suffer Priests singing Mass or discoursing to debauch their Servants or if they do anew take and receive such into their Service CONFORMITY This Establishment tends only to the purity of Life and preservation of true Religion which are things to which every body ought diligently to apply themselves XIV Fathers and Mothers shall be Exhorted to take great care in Teaching and Educating their Children which are the Seed and Nursery of the Church And those which send them to the Schools of Priests Friers Jesuits and Nuns shall be prosecuted by the severest Church Sensures Those also which put their Children to be Pages or otherwise to Lords and Gentlemen of the contrary Religion shall be advis'd how they do so CONFORMITY This proceeds from the same principle the other did and was made by the same Motives which are Motives very reasonable and very conformable to the practice of the Antient Church XV. Those who have Brothers Sisters and other Relations who having quitted Monasteries to serve God with a pure and good Conscience shall be Exhorted to assist them and to do according to the Laws of Humanity and Affinity CONFORMITY If Christians are obliged and they are obliged by the word of God and by the Ancient Cannons to exercise towards all Men Works of Charity of greater Reason should they do them to their near Friends and Relations especially when they are reduc'd to necessity for serving God with a good Conscience in departing from a Communion wherein they were fully perswaded they could not be saved XVI Ministers nor any else in the Church cannot Print Books made by themselves or others touching Religion nor any way publish them without communicating them to the Colloque or if need be to the Provincial Synod and if the matter require hast to the Accademies or to two Pastors which shall be nominated by the Synod and shall attest the Examination by them made of the said Writings CONFORMITY This Ordinance is very necessary to prevent all the evil consequences as may sometimes ensue without the Examination therein prescribed the same thing is done amongst the Papists whose works are commonly approved by some Doctors and at Rome by the Master of the Sacred Pallace See what I have said on the Fifteenth Article of the First Chapter XVII Those which take Pen in hand to treat the Histories of the Holy Scriptures in Meter are advertis'd not to mix therein any Poetical Fables and not to attribute to God the Name of false Gods and not to add nor diminish to the Holy Scriptures but to keep as near as may be to the Stile of it CONFORMITY This Article will find it self sufficiently explain'd by the things I have remarked on the Twelfth Article of the First Chapter whether I refer the Reader XVIII The Books of the Bible whether Cannonical or Appocriphal shall not be transformed into Comedies nor