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A28225 Unity of priesthood necessary to the unity of communion in a church with some reflections on the Oxford manuscript and the preface annexed : also a collection of canons, part of the said manuscript, faithfully translated into English from the original, but concealed by Mr. Hody and his prefacer. Bisbie, Nathaniel, 1635-1695. 1692 (1692) Wing B2985; ESTC R31591 83,217 72

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Ordinis cum Lib. 5. Ep. 32. judicare debet qui nec manere impar sit nec jure dissimilis they and they only are to be deputed Judges over Ecclesiasticks who are of the same Order and therefore to be presumed the most competent Judges because most knowing in those Affairs Hoc est Sacerdotes de Sacerdotibus voluit judicare that is as St. Ambrose comments upon it he would have Bishops to be the onely Judges of Bishops An Authority though partly Temporal yet of that nature that instead of laying waste the Church of supplanting the Bishops or of subverting the Canons it became a real defence and patronage to them all and no sooner experienced but was as frankly and freely consented to in reference to the succeeding Emperors Placuit ut quicunque ab Imperatore it seemeth good say the Bishops in the Milevitan Council that if any shall appeal to the Emperor to have Cen. 19. his Cause tried before Secular Judges he be deprived but if he appeal to have an Hearing thereof before a Synod of Bishops it shall no ways displease Thus did Pope Innocent address himself to Honorius to have the Schism between St. Chrysostome and Arsacius ended First he writes to Theophilus that great Promoter of it to challenge him to a Council We cannot saith he either in Reason or Justice withdraw our selves from Chrysostom 's Pallad de Vit. Chrys c. 3. p. 24. Communion and therefore if you dare abide by the Judgment you have made of his Deposition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 make your Appearance before the next Synod And after that he with the rest of the Italian Bishops sends to Honorius that he would write to his Brother Arcadius Co Emperour with him that a Council for that end might be convened where both Eastern and Western Bishops might conveniently meet which Honorius accordingly did sending his Letters by five Bishops two Presbyters and one Deacon assuring him That if either he or his Bishops could satisfie them that Chrysostome was duly and justly deposed he for his part would withdraw all Communion from him but if not that he then hoped He would be prevailed with to desert their Communion and their new made Patriarch Whence it is obvious to infer 1. That where two Bishops are placed at one time in a See a Schism must necessarily ensue 2. That Synods onely are the Deposers of Bishops and the onely Judges of a Deposition 3. That neither Emperour Senate Privy Council or Secular Power whatsoever can do it without making a Schism 4 That till a Synod be called and hath determined the Matter the first must be accounted the lawful Bishop and the second with his Adherent the Schismatick 26. And as this was the Usage Practice and Custome of all foreign Churches so it was one of those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those antient Customs that the English Church hath observed Ego Constantini vos Petri Gladium habetis in Manibus I saith K. Edgar as cited by Twisden wear the Sword of Vind. Chur. 2. p. 94. Constantine and you of St. Peter Now how far the first exercised his Authority in reference to the case before us is already shewn and if K. Edgar went no farther we are sure there was no seizing upon Bishops or of putting others into their Bishopricks before they were heard and condemned by Bishops Indeed the Author of the Discourse concerning the Illegality of the late Ecclesiastical Commission tells us That P. 11 12. the Saxon Laws are a plain Evidence that Church Matters were in those times determined in the same Assemblies wherein the other Laws of the Kingdom were determined and I am apt to think that in a great measure they were But then as the learned Spelman observes Episcopu● jura Gloss Tit. Gemot divina enuntiabat Comes secularia alter alteri auxilio the Bishops declared and vindicated the Ecclesiastical Laws and the Nobles the Secular each supporting and assisting the other the one according to the Canons of the Church and the other according to the Municipal Laws of the Land Nay I cannot see but in some cases their actings might be separate sure I am that in the Synod held at Bacanceld and in that other soon after held at Clovesho for the restoring the Jurisdiction of the Metropolitical See of Canterbury to its Archibishop of which it had been despoiled by K. Offa contra Canones Apostolica Statuta in duas scissa Paroechias and contrary to all Canons and Constitutions Apostolical divided into two and Spel. Conc. in Ep. Kenul ad Leon. 3. in part given to Adulphus his Favourite there was none of the Laity in them no Earls no great Men of the Nation the one being held as we see in Spelman Praesidente Kenulso Rege by the King Archbishop Bishops Conc. Brit. an 709 803. and Abbats multis aliis idoneis personis and many other not great Men or Nobles but fitting persons the other ab Athelardo Archiepiscopo cum duodecim Episcopis potiori Clero by the Archbishop of Canterbury and twelve other Bishops with the chiefest of their Clergy as may appear by their respective Subscriptions and Spelman's Notes upon them adding this severe and terrible Denunciation Hear oh Heavens and give ear oh Earth Siquis quod omnino absit If any one which God forbid shall at any time hereafter presume against the Apostolical Precepts and this our Determination Tunicam Christi scindere Vnitatem ejus Ecclesiae dividere to tear the seamless Coat of Christ and thereby to divide the Vnity of the Church of Canterbury sciat se esse aeternaliter damnandum let him know that if he repents him not of that his fault he shall be eternally damned But be it so or not as the Authour avers yet in this we shall not much dissent that K. William I. having brought England under the power of his Sword separated Judicatures referring as it was in Constantine's days Ecclesiastical Matters to Ecclesiastical Judges Thus in a Council held at Winchester he himself being present with three * Spelm. anno 1070. Legates from Rome totius Cleri populus the whole Synod of the † Antiq. Brit. de S●igand Clergy after they had heard divers things objected against Stigand then Archbishhp of Canterbury eum Episcopatu Ordinibus abdicabant deprived him both of his Archbishoprick and his Office The Crimes were chiefly these quod Archiepiscopatum Roberto vivente neque amoto possidisset because he had possessed himself of the Archbishoprick Robert the Archbishop being alive and not deposed and had worn the Pall which he left behind him being by Force most unjustly driven from thence Crimes every way deserving Deposition and because done by a Synod justly so punished and if Crimes then they are and must be so now let Stigand and his Party think what they will At the same time and by the same Synod was Agelmar Bishop of the East Angles deposed