meritorious and allso more satisfactorious 1. THe ninth proof that it is better for a Penitent to confess to one who hath charge of his soul then to an other we will take from that it is both more meritorious and also more satisfactorious That it is more meritorious I proue first because it is more meritorious to confess to such Confessors as God hath both instituted and commanded vs to confess vnto and allso the Church for many ages hath commanded then to such as men haue instituted and nether God nor the Church euer commanded vs to confess vnto but we chuse of our selues For in the one we fullfill God and the Churches will and in theother we fullfill our owne will And surely it is more meritorious to fullfill Gods and the Churches will then to fullfill our owne because there is more obedience to God and to the Church and allso more humility But Curats who haue charge of souls are of the first sorte and who haue no charge of souls are of the latter Secondly I proue it because commonly it is harder to confess to ones Curate who hath charge of our souls and authority to gouuernevs then to another whome we chuse our selues and who hath no authority to gouerne vs because ordinarily men are more loath to discouer their imperfections to their Superiors with whome they commonly conuerse then to others who are not their Superiors and who may be such as they neuer saw before nor perhapps shall see afterwards And where is the greater difficultye there is the greater vertue and merit to ouercome And hence allso appeareth why it is more satisfactorious for where there is See Nauarre de Indulg notab 3. n. 13. greater paine or difficultye there is allso the greater satisfaction 2. Thirdly I proue it to be more meritorious because in confessing to such as the Church apointeth and commandeth at least once a yeare we conserue the order and discipline of the Church but in confessing to whom we chuse our selues we doe not keep that order or discipline And how great a good it is to conserue the order and discipline of the Church and what great harme may come by not obseruing it we may see by the great account which Regulars make of their Regular order and discipline as we heard * Cap. 11. before And if they make such account of their Regular discipline and esteeme it so great merit to obserue it how much more ought good children of the Church to obserue and esteeme the discipline of the Church she being incomparably to be esteemed aboue all regular orders and her discipline instituted by more sure assistance of the holy Ghost aÌ„d allso for more glorie of God and good of souls wherefor if there be great merit in obseruing regular discipline there is far more in obseruing the Churches Ecclesiasticall discipline and if greater harme come of breaking that more cometh in breaking this without iust cause Fourthly I proue that it is more meritorious to confess to ones Curate who hath charge of his soul then to an other because that conserueth and increaseth that spirituall and holy loue which ought to be between a Pastor and his sheep whereof we shall speak more hereafter and allso maintaineth his spirituall auctority which he hath to gouerne them whereas by leauing our Pastor and confessing to whome we will we diminish both his loue and his authority But it is far more meritorious to conserue the Pastors loue and authority then any way to diminish it as it is euident THIRTEENTH CHAP. That it is better for a Penitent to confess to a Parish Priest who hath charge of his soul then to an other because great commodities and no inconueniencie cometh bythat and many inconueniencies come by this 1. THat all commodityes which can be gotten by the Sacrament of pennance may be had by confessing to a Priest who hath charge of souls and no inconueniencie can come thereby is euident because such a Confessor is of Gods institution and the proper minister of that sacrament And all commodityes which can be had by a sacrament may be had by the proper minister thereof instituted by God himself And likewise no inconueniencie can come by confessing to such an officer as is properly appointed by God But if there chance to fall out any inconueniencie that riseth of the person not of the office it self But by confessing to others whom we chuse our selues there may rise many and great inconueniencies First is preiudice of the Confessor First inconuenâ—eÌ„cie who hath chargâ— of our souls for it is his right to administer this sacrament to all those of whose souls he hath charge And not to giue to one his right or due is doubtless a preiudice to him Nether leaueth it to be a preiudice to him because leaue is granted to doe it for that will not shew that it is not a true preiudice to him but onely that such preiudice is done with leaue And Nouarre in C. Placuit n. 61. both affirmeth and proueth that it is true preiudice to Curats that their people are permitted to confess to others and it is euident because all taking away of ones right is a preiudice to him though if it be done for iust cause it be no sinn And how carefull the Church was in ancient times to conserue the rights of ordinaries the Catechisme ad Parochos c. de Paenitent The Church here tofore most carefull of the right of ordinaries sect 47. shweth in these words with what religion in times past in the most ancient Church the right of an ordinary Priest was conserued is easily gathered by the ancient Decrees of Fathers by which was ordained that no Bishop nor Priest should dare to doe any thing in an others Parish without his leaue who there gouerned or without some great necessity 2. An other inconueniencie Second inconueniencie is that libertie to confess to what approued Priest one will breaketh discipline of the Church which is that euery one should coÌ„fess at least once a yeare to his proper Priest as is euident by the foresayd Canon of the great Councel of Lateran And a third inconue Third Inconueniencie niencie is that it lesseneth that spirituall loue which ought to be between a Pastor and his sheep whereof we shall speake Fourth Inconueniencie more hereafter And a fourth is that it lesseneth the authority which a Pastor should haue ouer his flock which doubtless would be greater if his sheep did confess to him because naturally men respect and reuerence them more to whoÌ„ they confess their sinns theÌ„ others to whoÌ„ they doe not coÌ„fess And this noteth P. InnoceÌ„t 4. Can. Etsi animarum saying that voluntarie confessors breed contempt and indeuotion against proper Priests I dispute not whether this Bull of Innocent the 4. be reuoked or no because I argue not out of the obligation thereof but out of the truth it sayeth which is that voluntarie Confessors
occasion neglect of proper Priests which so graue and so learned a Pope as Innocent 4. was would not haue sayd if he had not seen it to be truâ— And how great an inconueniencie neglect of Pastors is is manifest of it self seing all communities stand by the authority of their superior and fall and are weakened by the fall or weakening of it Whereupon 1. Tim. 5. 1. Thessal 5. Heb. 15 Matth. 26. S. Cyprian Epist 55 65. S. Hieron contra Lucifer the Apostle often and earnestly exhorteth Christians to honnour and reuerence their spirituall superiors and our Sauiour sayeth if the Pastor be strucken theep are dispersed and holy Fathers note that the neglect of Pastors is the roote of schisme and heresie and that the â—aiâ—tye of the Church dependeth on the honnor of Pastors And Layman cited †Sup. c. 9. before noteth that by confessing to whome one will many pretending impediments of confession withdraw themselves from the Iurisdiction of their Pastor A fifth inconueniencie by libertie Fifth Inconueniencie of confessing to what Priest one will is that one may omitt annuall confession and say that he hath confessed when he hath not confessed att all 3. The sixth inconueniencie Sixt Inconueniencie is that by libertie of chusing ones Confessor occasion is taken to committ or conti new in sinn which would be much restrained if men confessed to their proper Priests For by this libertye as P. Innocent 4. in the Foresayd Bull noteth thereby shame which is a great part of pennance is taken away whiles ones confesseth his sinnes not to his proper Priest whome he hath continuall and present but to an other and sometimes to one who is a passenger to whome there is hard recourse and sometimes impossible And Azor. tom 1. l. 5. c 25. granteth that leaue to chuse a Confessour who may absolue him from sinns to be committed doth giue occasion to sinn more freely and more easily And what great difference is See Paâ—is An. 1246. p. 634. there for this purpose between leaue to chuse a Confessor who may absolue one from sinns to be committed and leaue to chuse a Confessor who may absolue from sinns that are committed what difference I say is there for facilitye to sinn between leaue to chuse a Confessor who may absolue one from sinns to be committed and leaue to chuse a Confessor who may absolue one from sinns that are committed which leaue all haue who haue libertie to confess to what Priest they will For facilitye to sinn riseth not precisely of leaue to chuse a Confessor which may absolue one from sinns to be committed but from leaue to a chuse a Confessor who may absolue from sinns whether they be committed or to be committed 4. A seuenth inconueniencie The SeueÌ„th in leauing ones proper Priest and confâ—ssing to others is that thereby he is made less able to help spiritually and cure the spirituall diseases of his sheep For by confessing to him he should better know the State of the souls of his sheep and to be better able to apply proper remedyes to them to better instruct their ignorance and allso better encourage them to follow vertue and auoid such vices as they are subiect vnto But of this we haue spoken something and shall more hereafter An eight inconueniency Eight Inconueniencie is that by leauing our Pastor and confessing to others we discourage him and make him less carefull of doing his deutye or what good he can doe for vs. For he seing his sheep to leaue him and goe to others preferring them before him hath not that courage to labour for them as he would haue if he saw them preferre him before others And what harme cometh by the negligence of Pastors God himself declareth Ezechiel 54. saying my sheep are dispersed because there was no Pastor Not because there was no Pastor at all but because there was no diligent Pastor And Sotus lib. 10. de Iure Iustit q. 3. art 4. affirmeth that the roote of heresies in Germanye and England was the negligence of Pastors and surely the sheeps neglect of their Pastors occasioneth the Pastors neglect of them And if the negligence of Pastors be the occasion of such ill how much more is the want of Pastors Whereupon the same Sotus in the sayd place sayeth It is a diuine commandement that euery Diocese haue a Bishop for the peculiar care and watchfullness which is due vnto it And Bellarmin lib. 1. de Pontif. c. 2. hauing cited these words of Caluin They conuince that to euerye Church ought a Bishop to be giuen answereth If by these examples taken from most graue Fathers we conuince that to euerye Church ought to be giuen a Bishop why doth not he suffer Bishops which is plainly to affirme that examples brought by most graue Fathers conuince that euerye Church ought to haue a Byshop And it is sayd in his life l. 3 c. 5. that he counseled P. Clement 8. to prouide Byshops presently for vacant Churches least he should be guiltye of souls perishing for want of Pastors And it is memorable what S. Bede l. 3. hist Anglic. c. 7. Writeth of Senwalch King of the West Saxons in England who hauing expelled his Byshop sustained great losses and spoyles in his kingdome of his ennemies He vnderstood that by want of Byshops he wanted allso the help and grace of allmightye God wherefore he sent Embassadors into France to Agilbert beseeching him that he would returne and resume againe his Bishoprick affirming withall to make satisfaction for that which was past Thus S. Bede And if so many and so great inconueniencies follow Penitents not confessing to their proper Priests who haue charge of their souls there was some great necessitye which forced the Church to dispense therein as no doubt that was which before we rehearsed out of S. Thomas and others to witt too great number of penitents for to confess to one onely Priest and too great want of sufficient proper Priests generally for all parts And good children of the Church will rather doe what the Church of her self commandeth then what vpon necessity she dispenseth withall and onely permitteth But out of all which I haue sayd in this chapter I argue thus It is of it self farr better to auoid so many and so great inconueniencies as haue been rehearsed then to fall into them but Penitents by confessing to such Priests as haue charge of their souls doe auoid the sayd inconueniencies and by confessing to others doe fall into them Therefor it is far better to confess to those kindes of Priests then to these And what good Penitent will not doe that which of it self is far better FOVRTEENTH CHAPT That of it self it is better for a Penitent to confess to his proper Priest then to others because naturally he loueth his penitents more then others doe 1. THat of it self it is better Pastors loue their penitents more then other Priests do
instituted or commanded to be instituded all that is necessarye to the good gouerment of the Church and saluation of souls For Gods workes are perfect and euen in naturall things he giueth all that is necessarye to their well being Secondly because Christ besides the Apostles instituted 72. Disciples Luc. 10. and gaue them authoritye to preach as he did to the Apostles and because authoritye to preach without authoritie to administer necessarie sacraments att least as the sacrament of Pennance is were imperfect therefor ether himself gaue or appointed his Apostles to giue them authoritye to administer that sacrament And as S. Thomas sayeth 3. q. 67. art 2. Christ gaue to the Apostles the office of baptizing but to be exercised by others and Bishops and Curats succeed the Apostles and 72. Disciplâ—s by whom rather then by the 72. Disciples Besides Sotus lib. 10. de Iure q. 3. art 1. sayeth Byshops and Parish Priests succed the Apostles and 72. Disciples Can. in nouo d. 6. And Bellarmin lib. â—â— de Clericis c. 14. All Fathers constantly teach that Bishops succeed the Apostles and Priests the 72. Disciples And if any Priests succeed the 72. Disciples surely Parish Priests such as haue charge of souls Thirdly because the Apostles Ephes 4. sayth that Christ gaue separatly to his Church Apostles Prophets Euangelists Pastors where by Pastors he vnderstandeth such as are not Byshops for Byshops he vnderstandeth vnder the name of Apostles to whome they succeed And though some by Pastors vnderstand Byshops yett they include allso such Priests as vnder Bishops haue charge of souls as is to be seen in Estius vpon that place And the same Apostle Acts 20. calling to him the presbyters or elders of the Church of Ephese sayeth indifferently to them all that the holye Ghost had putt them to gouerne the Church of God where that by Presbyters he includeth not onely Byshops but allso such Priests as haue care of souls appeareth both because the word Presbyter was in the Apostles time common to all such as is euident and there is no conuincing reason to proue that the Apostle there restrained the common vse of that word as allso because S. Thomas 2. 2. q. 184. art 6. sayeth that S. Paul there comprehendit vtrosque and the same sayth Bellarmin l. 1. de Pontif. c. 8. And Stapleton vpon that place Paul here afsirmeth that the Presbyters of Ephesus were made ouerseers of God flock because the ofsice of ouerseers belongeth as much to a Parish Priest as to a Bishop of manye cittyes Moreouer here is sayd that there were manye Presbyters in the Church of Ephesus and yett there neuer were manye * Cornelius in Eusebio l. 6. S Chrysost in Socrate l. 6 c. 12 Bishops in one Church Wherefore here vnder that name were allso included some Presbyters who were no Bishops I add allso that S. Thomas 2. 2. q. 184. art 6. expoundeth those wordes opitulationes gubernationes 1. Corinth 12. of Arch. deacons and Curats which Estius vpon that place sayth is the common exposition of the Latins Fourthly l proue the immediate diuine institution of such Priests as haue charge of souls out of the Councel of Trent sess 23. Can. 6. If anye shall say that in the church there is not a Hierarchie instituted by Gods appointement which consisteth of Bishops Priests and ministers be he anathema And Estius in 1. Corinth 12. v. 27. sayeth The Ecclesiasticall Hierarchie properly consisteth of Bishops Priests and Deacons And seeing Hierarchie consisteth formally in power to gouerne or in Principalitye as is euident by the word itself the Councel must needs meane that by Gods institution some Priests who are not Byshops are gouernors in his Church And if anye surely such as haue charge of souls Fiftly I proue it out of the profession of the Church in the consecration of Priests where thus she professeth when God had appointed Byshops to gouerne people he chose men of inferior order and of second degree for to help their societye and worke And she addeth that the like was done in the wilderness by giuing 70. elders to Moyses and in the Synagog by instituting Priests and after that addeth allso By this prouidence to the Apostles of thy Sonne thou hast adioyned preachers of fayth as companions by whome they haue filled the world with happye preachings Wherefore o Lord we beseech thee add to our weakness theise helpers who by how much we are the frayler by so much the more we need them Let them be prouideÌ„t cooperators of oure order lett shine in them the forme of all iustice that being to giue good account of the dispensation committed to them they may obtain the reward of euerlasting happiness In which words the Church professeth that such Priests as are to giue account of the dispensation committed to them as those are who haue charge of soules are by Gods institution cooperators of Byshops as the 70. elders were to Moyses and Priests in the Synagog were to the high Priest I add allso that the iurisdiction of Byshops and of Priests is different iure druino For thus Bellarmin lib. 1. de Clericis c. 14. The Catholick Church acknowledgeth and teacheth that Episcopacye is greater iure diuino then Priest hood both in order and iurisdiction which supposeth that Priestly iurisdiction is instituted iure diuino and in whome if not in Curats And the same Bellarmin praefat lib. de Clericis sayeth The Church is distinguished by Christ into three orders among which he putteth Curats So that Curats are by Christs order in the Church 3. Secondly I proue that Curats of their prime institution minister all priestly sacraments but others not a Curate is a more noble officer and minister of the sacrament of Pennance then an other who hath not charge of souls because he is instituted not onely to minister the sacrament of Pennance but allso all other sacraments which Priests can minister whereas such as haue no charge of souls be instituted onely to minister the sacrament of Pennance and the Eucharist as is to be seen in Catholick Countryes and if they haue leaue to minister other Sacraments that is onely in heathen and heretick countryes and for want of Curats But he is a more noble minister of the sacrament of Pennance who of his prime institution is to minister all sacraments which Priests can minister then such as of their prime institution can minister onely two sacraments 4. Thirdly because Curats Curats haue true iurisdiction ouer their flock not others and such as haue charge of souls haue not onely power and authoritye to minister sacraments but allso to rule and gouerne people as Pastors doe sheep and therefor Curats are termed by S. Thomas as we shall see hereafter lesser Princes and inferior Prelats of the Church ad are a parte of the Ecclesiasticall Hierarchie or Principalitie and Bellarmin l. 1. de PoÌ„tif c. 8. sayth we grant that it agreeth to Bishops and
Sotus a Sotus graue and learned Dominican in 4. D. 20. q. 1. art 5. The supreme Pastor of the Church cannot suficiently prouide for the whole Church vnless he giue Bishops to all churches Wherfore seing the chiefest notice and iudgement of the flock is gotten by sacramentall confession it is requisit that especially Requisit in this Sacrament it be not free for euery one to runn to euery Priest but that euery one be bound to his own that he confesâ— not but to him or with his leaue Nauar. Nauar. a Canon Regular and famous Casuist Concil 15. de Paenitentia I should thinck that he did wisely who att the houre of Wâ—sely death procureth himself to be absolued of his Parish Priest there present or of his superior rather then of others Gabriel * Gabriel Trithemius Posseuinus allso a Regular in 4. D. 17. q. 2 art 3. If all be a like it is better to confess to ones proper Priest as Doctors commonly hold as S. Bonauenture and Angelus in Summa Better for many causes Confessio 3. § 34. for many causes and auoiding of dangers 3. Layman a great writer Laiman Good of the Church and Iesuit l. 5. tract 6. c. 33. Seing it is instituted for the common good of the Church and conuenient gouernment that all faithfull should confess to their proper Priest that must not be limitted or restrained for priuate commodity by priuate interpretation of Doctors espetially because many by this meanes falsly pretending impediments of confession may withdraw themselues from the iurisdiction of their Pastor Reginald Reginald an other Iesuit lib. 1. n. 61. Well addeth Nauarre that he shall do wisely who att the Wisely houre of death his Parish Priest or Superior being present procureth to be absolued of him rather then of others And as Barbosa writeth in Remiss Barbosa Concil Tridentinisess 14. c. 7. Nauarre Consil Is. sub titulo Paenitentiae Sayrus an English Benedictin Sairus decâ—s 21. sub eodem titulo Reginald l. 2. n. 60. say that he should do wisely who if his Parish Priest or Superior be present procured himself to be absolued of him at the houre of death rather then of an other And himself allegat 25. num 51. sayeth It is better to confess to ones Pastor Beâ—ter at the houre of death att the houre of death then to an other And it if it be both wiser and better at the houre of death to confess to ones Pastor or Superior then to an other it is much better and wiser to doe so in life time Because it is certain as the Councel of Trent hash declared sess 17. c. 7. that att the houre of death all Priests can absolue any Penitent from any sinns or Censures which all Priests cannot do nay few Priests can doe in time of life and therefor their absolution is not so certain in time of life as in time of death If therefor it be better and wiser to be absolued of ones Parish Priest or Superior at time of death when the absolution by any Priest whatsoeuer from what sinns or censures soeuer is most certain much better and wiser it is to procure to be absolued of him in life time when all Priests absolution is not so certain as it is in time of death TENTH CHAPTER That it is better for Penitents to Confess to Priests who haue charge of their souls then to others proued by the Generall practise of those Priests who are Confessors of Penitents without charge of their souls 1. THe seuenth proof that of it self it is better for Penitents to confess to such Priests as haue charge of their souls then to others shall be taken from the Generall practise of such Priests as are Confessors of Penitents without charge of souls For they doe not confess it in words onely as we saw in the former Chapter but much more in practise and indeeds because they suffer not any of their owne compagnies vpon any occasion to confess to whome they will but onely to such as they appoint for them The Gloss in Clement Dudum Religious men according to the statuts of their orders must confess to their Prelats Suarez tomo 4. de relig l. 2. c. 16. Certain Generall leaue to confess to whoÌ„ one will Would destroy religions it is that by ordinary right and without dispensation regulars cannot confess to others then to such Confessors as are apointed for them by their superiors Ibid. n. 6. Generall leaue to chuse ones confessor would tend to great detriment of religions for it may be an occasion of dissolution and relaxation of religious discipline And num 7. By such generall licence and ordinarie vse religious discipline would be plainly ouerthrowne Henriquez l. 7. c. 22. § 4. The Society of Iesus kepeth that priuilege that none without the superiors leaue can chuse a Confessor beside him who is appointed And Gregorie the 13. granted this to the Society Lay-man l. 5. tract 6. c. 10. n. 20. By their proper statuts it is not permitted to religious to confess out of their owne order to any other but to whom the Superior appointeth And Rodriquez to â— q. 62. art 4. and 5. reciteth the Bulls of Popes which Iesuits Franciscans Augustins and other Religious orders haue procured that none of theirs euen in time of Iubilées may confess to any but to such as their Superiors appoint And headdeth This is very good and necessary And Petigian in Summa D. 17. q. â— art 3. affirmeth that there is excommunication latae sententiae that no religious euen by vertue of a Bull do confâ—ss to any other then to him who is appointed by his superior 2. And doth such great good come to religious companies by confessing to none but to such as their superiors appoint for them and would no good come to the holy compagnie of Christ the Catholick Church if her children confessed to such as haue charge of their souls Would such great harme come to religious compagnies as their vtter dâ—solution and relaxation of religious discipline by generall leaue to confess to what approued Priest they would and will no hurt no relaxation of ecclesiasticall discipline come by the like leaue granted to all Catholicks Are religious companies and Christs companie of so different nature as that what is greatly good for the one is naught for the other Neither doth it satisfye which Suarez sayth n. 6. cit That superiors of regular orders are bound not onely to procure the saluation but allso the perfection of their subiects as if Bishops Pastors and such as haue charge of sonls were not bound to procure the perfection of their subjects and these allso bound to be perfect Did not our Sauiour say indifferently to all Matth. 5. Be perfect as your heauenly father is perfect Was not S. Iohn Baptist sent Luc. 1. 1. Ioan. 2. Qui seruat verbumeius in hoc vere charitas Deiperfect
a est Et c. 4. si diligamus inuiceÌ„ charitas Dei in nobis perfecta est to prepare a perfect people to our Lord and yet was not sent onely to make Regulars Doth not God giue Pastors and Doctors for consummation that is perfection of Saints Ephes 4 Or doth he giue none to procure perfection of Saints but religious men or were there no procurers of perfection in the Church before religious orders were instituted Or will religious Confessors say that they are not to procure perfection in their secular Penitents Doth not Sotus lib. 10. de lure Iustitia q. 1. art 4. say This is The duty of a Bishop both to teach perfection and perswade it and q. 3. art 2. It is the office of a Pastor to bring his healthfull flock to perfection and noteth that in the consecration of a Byshop the Church telleth him Vt exhibeat omnem homineÌ„ perfectum that he must bring his flock to perfection as we read of S. Iohn Baptist If any Regular should say to me that of it self it is better for Catholicks to confess to what approued Priest they would then to those who haue charge of souls I would answer him as †Plutarch in Apoptheg Lycurgus answered one who perswaded to institute popular gouerment in his citty that he should first beginn such a gouerment in his owne house But whether they onely be to be accounted perfect who obserue the three Euangelicall Counsels or no I would know a reason why it is requisit that such as obserue those counsels should confess to none but to such as their regular Superiors appoint and the like should not be expedient for such as are to obserue the commandements as all Christians are Why should the obligation to confess to none but to certain appointed Confessors be requisit for obseruation of these Counsels and the like obligation should not be requisit for the obseruation of the Precepts ELEVENTH CHAPTER That is better for a Penitent to confess to a Priest who hath charge of his soule then to an other proued by the greater certainty of absolution 1. THe Eighth proof that it is better for a Penitent to confess to a Priest who hath charge of his soul then to an other I will take from the greater certainty of absolution by him then by this First because Curats who haue charge of souls haue iurisdiction from the Canon law and as some a Sotus 4. di 18. q. 4. art 2. graue diuines say allso from diuine law Whereas Confessors without charge of souls haue Iurisdiction onely by * S. Tho mas 2. 2. q. 188 ar 4. q. 187. ar 1. 4. S. Bonauentura de paupertate Bellarmin l. 2. de Monachis c. 45. delegation except it be in the houre of death when all Priests haue Iurisdiction And Iurisdiction by law especially of God is more certain then is iurisdiction by delegation especially when it must passe by so many hands of delegats and subdelegats as it commonly doth to such Priests ' as vsually heare confessions without charge of souls And Iurisdiction being essentially requisit to absolution the more certain the iu risdiction is the more certain is the absolution 2. Secondly because the Canon and Ciuil law ratifie and L. Babarius de offic Praetoris make good all acts done according to law by one who is commonly thought to be a lawfull ordinary officier and hath any colourable title though indeed he be no true officer nor haue true iurisdiction Whereupon Sanchez lib. 3. de matrimonio Disput 22. n. 13. sayeth All things done by a Parish Priest commonly taken to be such and hauing a colourable title giuen to him by a lawfull superior are valid euen in court of conscience and confessions made to such need not be iterated And Nauarre in Manuali c. 9. n. 11. In a Curate a title though naught with possâ—ssion will suffice But it is not certain but denyed by many as may be seen in Sanches l. cit n. 15. and 6. that acts done by a fals Delegate commonly thought to be a true delegate are valid Neither indeed is there the like reason that the Law should ratifye the acts of such as are not instituted by Law as there is that it should ratifye the acts of such as law it selfe instituteth So that absolution giuen by ones Curate must needs be more certain then giuen by an other who is but delegate because the law it self doth ratifye the absolution giuen by a Curate when of it self it would not be valid and doth not ratifye such absolution giuen by a Delegate And hence it is that as we sayd before Diuines teach that it is wiser euen at the houre of death when all Priests haue Iurisdiction to be absolued of ones Curate or Superior then of any other And the validity of absolution being of that moment that a Penitent hauing onely attrition but valid absolution shall be saued and wanting valid absolution shall be damned well counseled Reginald a Iesuit l. 1. n. 103. Because in a matter of such importance it behoueth to take the certain and leaue the vncertain Suarez well aduiseth that vnless there be some great and reasonable cause on the Confessors part we should allwayes vse the saifer meanes that a Confessor hauing certain and more probable Iurisdiction be allwayes preferred before one who hath a doubtfull or less probable iurisdiction And doubtless a Curate who hath charge of souls hath more probable iurisdiction then a Delegate who hath no such charge Which I doe not say to call in question the absolution of such Priests secular or Regular who really haue trew Delegation and for iust cause of the sea Apostolick but because such Delegation passing thorough so many hands of Delegats and Subdelegats as it commonly doth before it come to them who vsually confess without charge of souls is not so certain to vs as is the a See what Angelus sayd suprà cap. 10. absolution giuen to vs by Curats who haue charge of souls Nor are their Acts if they be of themselues inualid ratifyed and made good by Law as are the Acts of Curats though of themselues they were inualid I add allso that Curats doe succeed the 72. Disciples as b Gloss liu 10. Sotus l. 10. de Iure q. 3. art 1. Diuines doe teach and therefore are instituted not onely by men but allso by God whereas Delegats Bellarmin l. 1. de Clericis c. 14. S. Thomas 3. q 6. a. 1. are instituted onely by men nor doe succeed the 72. Disciples and that of the 72. Disciples Christ sayd Luc. 10. Who heareth you heareth me And it is more sure to be absolued of such as succeed them of whom Christ sayd who heareth you heareth me then of others of whom Christ sayd no such thing TWELFTH CHAPTER That it is better for a Penitent to confess to a Priest who hath charge of his soule then to an other because it is more
Priests to feed and gouerne the Church Whereas such as haue no charge of souls haue no authoritye to gouern them but as they voluntarily minister sacraments to them so theise voluntarily receaue sacraments of them and voluntarily doe what they aduise them Wherefor there is no true obedience or merit of obedience to them because they haue no true superioritye or power to command But in doing what Curats command there is true obedience and merit thereof and likewise true disobedience and demerit thereof in not doing what they command because they haue true superioritye and authoritye to command their flock And doubtless he is a more noble minister of the sacrament of Pennance who hath Curats are the Principal others but Coadiutors not onely power to minister sacraments but allso iurisdiction and power to rule and gouerne them to whome he ministreth the sacrament of Pennance then he who hath no iurisdiction and power to rule and gouerne them to whome he ministreth the sacrament of pennance I add allso that See â— Thomas 2. 2. q. 187 art 1. Curats haue authoritye in themselues to minister sacraments but who haue no charge of souls are but Delegats and haue onely the vse of authoritye which is in an other And allso that theise are but Coadiutors Rodriguezâ—â— 1. q 59. art 2. â— to 3. q. 31. art 4. of the others And a Coadiutor is inferior to the Principall 5. Fourthly I proue that Curats are more noble officers and ministers of sacraments by authorityes For as the Glosse Luc. 10. sayth Byshops are like to the Apostles inferior Priests to witt Curats are like to the 72. Disciples And Generally the Fathers teach that as Byshops succeed the Apostles so Priests who haue charge of souls succeed the 72. Disciples as Concil-Neocesar Can. 3. Damas Epist 3. Anaclet Epist 2. Augustin in Psalm 44. Leo Epist 83. Isidorus lib. 2. de diuin offic Beda in c. 10. Lucae And S. Thomas 3. part q. 67. art 1. sayeth To baptize belongeth Curats lesser Princes of the Church succeed the 72. Disciples to lesser Princes of the Church that is to Priests who hold the place of the 72. Disciples of Christ as the Glosse sayth Lucae 10. Sotus l. 9. de lure q. 4. art 3. We must needs grant that the office of Curats hath the highest place of spirituall functions And 4. d. 18. q. 1. art 5. Curats of Parishes haue ordinarye power not from Byshops but from Gods law Ibid. q. 4. art 2. All those Pope Byshops Curats are called ordinaries by Gods Law For allbeit the Byshop giueth a Parochiall Church to this or that man yet whosoeuer is Parish Priest is by Gods Law the proper Priest as allbeit the chusing of the Pope belongeth to Cardinalls and the chuseing of Bishops to Canons yett they haue power from Gods Law For Christ himself who chose the Apostles to whom Byshops succeed Can. Quorum vices d. 68. chose allso 72. others helpers of them to whome Priests succeed Can. In nouo d. 6. Azor. allso tom 1. l. 11. c. 24. speaking of Curats sayeth It cannot be denyed that the state of Bishops and Priests was ordained by Christ our Lord as sayth Anacletus and it is related Can. in nouo d. 21. Byshops succeed to the Apostles Priests to the 72. Disciples And Suarez tom 3. derelig lib. 1. c. 17. n. 25. Gerson addeth that the state and office of Curats is by Gods law and Christs institution so as the Pope cannot take it out of the Church as he cannot take away the state of Byshops because Curats belong to the entire Hierarchicall order instituted by Christ. And this is probable both by most ancient tradition and because the institution of proper Curats is necessarie to Curats necessarie to saluations of soules the good gouerment of the Church and saluation of souls And as I sayd before doubtless Christ instituted all that is necessarye to the good gouerment of the Church and saluation of souls Nether will it follow that Curats are of mans institution because sometime Vicars are putt in their place for though Gods affirmatiue lawes doe binde allwayes yet not for allwayes and allso because Apostolical Vicars and Archpriests are sometimes put in places of Byshops and yet none deny that Byshops are of Christs institution Besides Vicars who are putt in place of Curats haue charge of souls which is all one for my purpose Finally S. Thomas 3. part q. 67. art 2. calleth Curats lesser Princes of the Church And 22. q 188. art 4. ordinarye Prelats of the Church and addeth that for one to preach by authoritye of Prelats or to doe other such things passeth not the degree of a disciple or subiect Item Religious are instituted to preach and heare Regulars serue Curats Confessions not by their owne authoritye but by the authoritye of superior and inferior Prelats to whome that belongeth by office And so they serue Prelats in such ministerie which is proper to such a Religion And S. Bonauenture lib. de Paupertate Christi p. 422. Religious men heelp Curats not as Lords not aâ— hauing charge of souls but as seruants in charitye And surely seruants and such as worke by authoritye of others are less noble officers then those whome they serue and by whose auctoritye they worke 6. And to all these authorityes 12. Martij An. 1624. I add that lately the holye Congregation de propaganda fide hath decreed that the end of Seminaries is more excellent The end of Seminaries more excellent therof Religions then the end of Religions because there is no sacrifice more gratefull to God then the zeale of souls Which decree they made hauing called before them all religious orders and without opposition of anye of them And if the end of Seminaries be more excellent surely allso the end of Curats fot whome principally seminaries are instituted And allso that the Councel of Trent sess 24. c. 18. commanded that all Byshops who were able should in their Dioceses found a seminarye for to bring vp Priests who should take the charge of souls which sheweth that in the iudgement both of the sayd Congregation and Councel Priests who haue charge of souls are more excellent officers and more vsefull and needfull to the Church then such are who haue no charge of souls I may add allso that not onely * Henr cus quodlib 12. q. 28. Maior 4. d. â—8 q. 7. Gerson tract de statu perfectionis The state of Curats in it self perfecter then Religion secular Diuines but allso regular diuines doe grant that the state of Curats is perfecter then the state of Religious For thus Suarez to 3. de Relig. l. 1. c. 21. n. 6. If the state of religious and inferior Prelats be considered in themselues the state of Prelats is more perfect And this doubtless meant S. Austin when he wrote epist 148. There is nothing more happie before God then the office of a Byshop Priest or Deacon
such as hear confessions without charge of the souls of their Penitents proper Priests was but deuised for to shew that Regulars did not heare confessions against the foresayd Canon of the Councel of Lateran which shift is needless for though they be not proper Priests they hear confessions by leaue of the Pope and Bishops and therefor no more offend against that Canon then such Priests doe who hear Confessions by leaue of the Parish Priest Moreouer P. Vrbain 2. in Canon Placuit P. Vrbain 2. de Paenitentia D. 6. ordaineth thus we will that no Priest admit to confession any that is vnder the charge of an other vnless it be for the ignorance of him to whom he confessed before And P. Benedict P Benedict XI XI Can. inter cunctos We stirctly command that Fryars carefully admonish them whose Confessions they heare and exhort in their sermons to confess to their Priests att least once a yeare affirming that doubtless â—his is Doubtless profitable profitable to their souls And this semeth to haue been the intent of the Councel of Trent which sess 25. c. 13. commandeth that where Parochiall Parish to be appointed The Councel of Trent would haue confessions to be made to Parish Priests Churches haue no certain bounds nor their Rectores certain people whome to gouern but indifferently minister sacraments to such as demand them the holy Synod commandeth Byshops for the greater saifty of souls committed to them that the people being deuided into certain peculiar Parishes they appoint to euery one their perpetuall and proper Parish Priest who may know them and of whom alone they may lawfully receaue sacraments or prouide some other better way as the condicion of the place requireth And sess 14. c. 9. Dioceses and Parishes were most reasonably diuided and proper Pastors giuen to each flock and Rectors of inferior Churches who should haue euery one care of his sheep that Ecclesiasticall order be not confounded 2. Neither is the foresayd Canon of the Lateran Councel abrogated For allbeit some say that P. Leo X. hath declared that who confess to Mendicants doe satisfy the obligation of the sayd Canon yett that declaration doth not abrogate the sayd Canon but rather sheweth that it bindeth still by saying that men by confessing to Mendicants See CoÌ„cil TrideÌ„t sess 14. Can. 58. Sixtus 4. and Martin 5. suprá doe satisfy the obligation of that Canon and onely sheweth that the Mendicants hearing of Confessions by the Popes leaue is not contrary to the obligation of that Canon as other Priests hearing Confessions by leaue of the Parish Priest are not contrary to the same See more of this in Nauarre in C. Placuit D. 6. n. 121. Gamach de Paenitent c. 18. Henriquez de Paenitent l. 2. c. 16. And though the sayd Canon or law were abrogated and did not binde now att all that would no way weaken the force of my argument taken from the iudgement of the Church For she hauing both by a Generall Councel and allso by Bulls of diuers Popes seuerly commanded Catholicks to confess to Preists who haue charge of their souls and neuer commanded them to confess to such as haue no such charge but onely permitted them so to doe by reason as S. Thomas sayd of the too great multitude of Penitents of the insufficiency of some Priests who haue charge of souls she clearly sheweth that she iudgeth it of it self better for Catholicks to confess to such priests as haue charge of their souls then to those who haue not that charge For doubteless she iudgeth that better for her children to doe which she so often so seuerely and for so many ages hath commanded them to doe then that which she neuer commanded them to doe nor perhaps would permitt them to doe if the too great multitude of penitents and insufficiency of many Priests who haue charge of souls did not force her to permitt it NINTH CHAPTER That it is better for Penitents to confess to a Priest who hath charge of their souls then to others proued by the iudgement of those who were Confessors of Penitents without charge of souls 1. IT is so euident that of itself it is better for Penitents to confess to Priests who haue charge of souls then to others that euen the cheifest of those who were confessors of Penitents without charge of their souls doe acknowledge it to be better S. Bonauenture a Doctor of S BonaueÌ„ture the Church and Generall of the Franciscans writeth thus in 4. D. 17. q. 2. n. 108. I beleeue Euer good that if the Parish Priest be fitt that it is euer good that the Paenitent be remitted to him of whomsoeuer he is heard And num 105. wherefore it is to be beleeued that all Paris hioners whensoeuer and Are bound how often soeuer they confess to such Mendicants are bound to confess to their proper Priests if they be good and sufficient and exact it and wil not otherwise be content And this I say at least once a yeare Ibidem And therefor it Wholesome Counsel is wholesome Counsel for all theise to be remitted to their proper Priests that if they be not content with that Confession they be heard againe Angelus Vicar Angelus Generall of the sayd Franciscans and Commissary to Pope Sixtus IV. in his Summe Verbo Confessio 4. num 33. It is I after for many causes safer to confess to our owne Priest or Prelate then to an other for many deceits and vnleawfulnesses which are in other Deputies Wherfore I allways aduise that none leaue his owne Parish Priest for an other Deputy vnless it clearly appeare that he whome he hath chosen be of good conscience and sufficient skill and that more then his owne Parish Priest For if there be any defect in his owne Parish Priest the Penitent is more excused in confessing to him then to an other because superiors in appointing him doe seeme to approue him for sufficient Scotus Scotus the cheifest diuine among the same Franciscans in 4. d. 5. q. 6. sayeth We should allwayes chuse that Confessor caeteris paribus Caeteris parâ—bus to whome that belongeth by office And Confessor by office none is but he who hath charge of souls Richardus de Media villa Richardus de media villa an other great Franciscan Doctor in 4. D. 17. q. 1. Allbeit in some cases it were better for one to chuse a Confessor as be would then to be bound to confess to his ordinary yett it were not profitable Not profitable for the CoÌ„munity S. Thomas for the Communitye that it should be lawfull for euery one to chuse his Confessor 2. S. Thomas an other Doctor of the Church and chefest Doctor of the Dominicans in Supplemento q. 8. art 5. ad 4. writeth thus Werefore it is God good that he who heareth Confessions by auctority of the Bishop doe perswade the Penitent to confess to his proper Priest