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
be done by approbation of the Synod which shall put another in the place of him they send away Thence it is that Pope Gellasius the first doth not always simply condemn these Translations but only then when they are made without cause Hinemar Archbishop of Rhemes in the Ninth Century authorizes these Changes when there is good cause for them or necessity and that 't is done by Order of the Synod and he also produces sundry instances of this practise I do not mention the first Epistle of Pelagius the second who establishes or rather approves for the like motives these kind of Translations because I am perswaded 't is false and spurious XXXI When a Minister is persecuted or for some other cause cannot exercise his Office in the Church whereunto he was appointed he may be sent elsewhere by the said Church or an exchange shall be made of him for some other for a time by the consent and good liking of both the Churches But if the Minister will not submit to the judgment of both Churches he shall impart the reasons of his refusal to the Consistory and there it shall be judged if they are sufficient and if they are not found to be so and that yet the Minister persists to refuse the said Office the difference shall be transferred to the next Provincial Synod or to the Colloque if the Churches are of one and the same Colloque CONFORMITY The ancient Christians which had foreseen the inconvenience which regards our Discipline in this Article have made divers Rules to remedy it In the year of our Lord 347 the Council of Sardis in these terms set down the words of their last Canon If violence be done to a Bishop and that he be cast out unjustly through malice for the Discipline he has exercised or for the Catholick Faith which he confessed or for the truth which he defended and that being innocent and flying from danger he comes to another Church let him not be hindered to abide there until such time as he can return and that an end be put to the trouble which he suffers for it would be cruel not to receive with all humanity and good will him which suffers persecution 〈◊〉 20. The Council of Chalcedon which forbids to quit the Church one has served in from the first time of ones promotion Excepts those which having been constrained to forsake their Country have passed into another Church according to which Gregory the First established a certain Bishop call'd John which had been driven away from his Church by the Enemy which had taken possession of the place I say he setled him in another on condition to return back to his former Church as soon as it recovered its ancient liberty It was also in the same manner he served Agnellus Bishop of Fundi which upon a like occasion he preferred to the Church of Terracina the same was practised in France in the IX Century in regard of Actard Bishop of Nants the City having been sack'd and plundered by the Brittans and Normans he was made Archbishop of Tours as Hinomar affirms who lived in that time and at large relates the History in his 45 Epistle which we cited on the foregoing Article and all that he blames in Actard is That he would have held both Churches of Tours and Nants contrary to the prohibition of the Council of Chalcedon excepting this he approves that when a Pastor is persecuted and driven from his Church he should be provided of another The Frier Blastares is of the same judgment and he supports it by the 13 and 22. Canons of the Council of Antioch in Syntagm Lett. A. Cap. 9. pag. 22. XXXII Ministers may with their liking be lent by the Consistory as the Edification of the Church shall require but the Loan shall not be made without the advice of two or three Ministers or of the Colloque if it be for more than six Months CONFORMITY St. Paul saith Charity is the bond of perfectness and all those of one Communion being to be united by this Sacred Bond they are bound in conscience upon all occasions to shew reciprocal marks of sincere and true love and because there are none more sensible than those which have for their scope and aim our instruction and consolation they cannot be mutually refus'd without violating the Laws of Christian Charity It was by such a principle that when there was among the Primitive Christians any Church destitute of a Pastor That next unto it was obliged to take care and visit it from time to time to impart unto it Instructions and Consolations There are several Prescriptions to this purpose in the Monuments of Ecclesiastical Antiquity particularly in St. Gregory's Epistles and all these Rules in effect amount to what 's here prescrib'd in our Discipline XXXIII Ministers lent when the time for which they were lent is expired they shall return to the service of the Churches from whence they went CONFORMITY When a Church for some time borrows the Ministry of a Pastor which is setled in another Church which consented to this Loan there 's no need to doubt but that when the time of Loan is expired he may re-enter into the Church which lent him and which in lending him did not disclaim their Right in him In the Primitive Church at the very instant a Flock was provided of a Pastor he that visited it in the time of its Widowhood that is to say whilst 't was without a Conductor returned no more to it and exercised the Functions of his Ministry no where but in his own Church XXXIV If in one year after the time of Loan is expired the Church don't re-demand its Pastor he shall belong to the Church which borrowed him always provided the Minister willingly consents thereunto but if he be not willing he shall submit to the direction of the Colloque or Synod of the Church to which he had been lent And this rule also shall be in force for the Ministers which by reason of Persecution shall flye to other Churches and the persecution ceasing not being demanded by their former Churches in a years time the which shall commence after the warning which shall have been given to the said first Churches by the said Ministers CONFORMITY Because it may so sall out that a Church which shall have lent one of her Ministers does not recall him after the Expiration of time for which he was lent no difficulty is made of translating him wholly to the Church which had borrowed him the silence of the other being then look'd upon as a kind of Consent Which also is to be appli'd to those which joining themselves to other Churches by reason of Persecution are not redemanded by theirs when the Persecution is over for on these occasions it is as much as if they had granted unto them those Letters of Congé which the Ancients called Dimissoria's with the which a Church-man could serve in another Church in
it in due form and with the leave of the Churches which called them to this Employment VIII Neither Deacons nor Elders can expect Superiority or Dominion one over another whether it be in being nominated to the People or in taking place or giving their judgment or any thing else relating to their office CONFORMITY If Ministers cannot pretend precedency one of another as we have fully shewed on Art 16. of Chap. 1. It would not be reasonable that Elders and Deacons should pretend any Soveraignty over their Companions and Equals IX The Elders and Deacons shall be deposed for the same causes as the Ministers of the Word of God in their degree It being condemned by the Consistory if they appeal they shall remain suspended from their Offices until things are determined by a Provincial Colloque or Synod CONFORMITY The Deacons and Elders making up with the Ministers one Body that is to say one Consistory and sharing with them the care of conducting the Flocks it is just they should be punished with the same pains as the Ministers when they commit the same Offences whereof we have treated at large on Articles the 47. and 49. of Chap. 1. to which I refer the Reader X. The restitution of Deacons and Elders which have been deposed shall not be done but in the same manner as the restoring of deposed Ministers is done CONFORMITY This Article is a necessary consequence of the former for if the Elders and Deacons are deposed for the same reasons as Ministers it is evident that the restitution ought to be made in the same manner Read what has been said on the 35. Art of Chap. 1. CHAP. IV. Of the Deaconry that is to say of Administring the Poor's Money by the Deacons ARTICLE I. THE Money for the Poor shall not be given out by any but by the Deacons by the Advice and Order of the Consistory CONFORMITY What I have said on the 4th Article of the 3d Chapter sufficeth for the explaining of this and to establish the Conformity of our Discipline with that of the Ancient Churches to which may be added the Order given by Pope Gregory I. to Anthemius his Sub-Deacon That he should take care of the Poor of those places whither he sent him II. In the common Distributions 't is requisite one or two Ministers should be present if it may be conveniently but especially at passing the Accounts CONFORMITY Although I might refer the Reader for the Explication of this Article where I did for the former nevertheless I will add to what I have said some Rules which are not incoherent to the Subject we Examine for Example the 7th and 8th Canons of the Council of Gangres assembled in the Year of our Lord 325. as is commonly said but 't was later where 't is forbid to dispose of the Church-Revenue without the consent of the Bishop or of him he has appointed to distribute these Alms. The 24th and 25th Canons of the Synod of Antioch Anno Dom. 341. Tom. 2. Conc. Gall. c. 47. p. 146. Orders the Bishop to make this distribution by advice of the Priests and Deacons Charlemain's Capitulary in the year 789. renews the prohibition of the Council of Gangres III. The People shall have notice of Passing the Accounts that so every one that please may be there present as well to discharge those who disburse the Money as to make known to every body the Necessities of the Church and the Poor thereby the more to incourage people to contribute towards their relief CONFORMITY St. Austin practis'd something of this kind as our Discipline doth here prescribe for when the Church-stock fail'd he gave notice to the Christian People that he had not wherewithal to supply the wants of the Poor which in all likelihood he would not have done if on the other hand he had not given them an account how he had dispos'd of their Charity and of the Money committed to his trust Aug. Tom. 1. p. 13. and which he consign'd over to the management of Persons as he deem'd fit for the purpose as is related at large by Possidonius in the 24th Chapter of his Life IV. To prevent the Inconveniences which dayly happen by Attestations given to the Poor every Church shall use their utmost endeavour to maintain their own Poor and in case any one for his necessary Affairs was forc'd to Travel Ministers shall in their Consistories Examine if the Cause be just and in that case shall give them recommendatory Letters to the next Church in the direct way from the place whither they go expressing the Name Age Stature Complexion the Place whither they go the cause of their Journey and the Assistance which has been given them and the date of the Day and Year shall not be omitted Which Letters the Churches shall keep to whom they were directed and shall give them others to the next Church And all Attestations before granted shall be Void and Null CONFORMITY It cannot be denied but great abuses are committed and that at all times there has been abuses committed in the Church upon account of Attestations and Testimonies granted to those of the same Communion which desire to go from one place to another to the end they might be known to be Members of the same Church and to be assisted in case of necessity The Primitive Christians endeavour'd to remedy these inconveniencies two ways The first By ordering that each Church should maintain their own Poor The second In using a great deal of caution in granting these Attestations which is exactly the two things prescrib'd by our Discipline As to the former of these two Means Can. 85 101. Tom. 1. Concil p. 730. the 4th Council of Carthage in the Year 398. declares That the Poor and Ancient people of the Church ought to be more assisted than any others and that young Widows who are weak of Body should be maintain'd at the charge of the Church to which they belong In the 2d Council of Tours assembled An. Dom. 567. the 5th Canon's Title is That each City shall maintain its Poor and runs in these terms That each City doth furnish according to its ability Provisions sufficient to all those of its Inhabitants which are poor and incommoded and that as well the Curates of Villages Tom. 1. Conc. Gall. p. 332. as all the Farmers which dwell there do each nourish their own Poor to the end they may not stray and wander about to other Towns In the 3d Council of the same place assembled in the Year 813. there are several directions in this matter for the Fathers command in the 11.16 36. Canons Tom. 2. Conc. Gal. pag. 297 298 302. That Bishops shall be permitted to take out of the Church stores according to the Canonical Rules in presence of the Priests and Deacons what shall be necessary to maintain the Family and Poor of the Church That the Tythes which shall be given to particular Churches shall be distributed with great care by the Priests according to the Bishops Order for the use of the Church and
business wherefore should it not permit two Provincial Synods to choose a third to judge of their differences the First and Second Cannon of the Council of Turin in the Year 397 are yet more positive in this matter XII The Synods in each Province shall represent the Widows and Children of Ministers which died in the Service of their Church to be supported and maintained at the common charge of each Province as necessity shall require And where the Province shall be Ingrateful the Deputy thereof shall report it to the National Synod to take care therein CONFORMITY This Article is not only grounded on Christian Charity but also on the acknowledgment which the Churches owe to Ministers dead in their Service whereof they should shew the marks to their Families especially when there is occasion for it XIII Deputies of Churches shall not be gone from Synods without leave and till they carry along with them the Decisions which shall there be made CONFORMITY There are two things to be consider'd in this Article First That Deputies are not suffer'd to depart from the Synod without leave The Second Council of Arles made this Decree in its 19 Cannon Anno Dom. 452 If any one thinks he may abandon the Assembly of his Brethren before the dissolution of the Council Tom. 1. Conc. Gall. p. 105. let him know that he is deprived of the Communion of his Brethren and that he cannot be thereunto received until he be first of all absolv'd in the following Synod There may be seen in the Fourth Tome of Councils certain Fragments attributed to a Council of Sevil in Spain assembled about the time of Pope Gregory the I. in the X. of which is to be found word for word the Decree of the Synod of Arles which makes me believe that Burchardus pag. 521. from whom Garsias has taken this Cannon was mistaken when he attributed it to the Council of Sevil and I the rather believe it when I consider that the compilation of Cannons made by this Writer are full of this kind of mistakes The Fourth Council of Toledo assembled in the year 633 does defend also in the Fourth Cannon to depart from the Council until all things are decided by the major Votes and Signed by all the Bishops Tom. 4. Conc. p. 583. The Sixteenth of that of Worms of the year 868 prescribes the same thing To. 6. Conc. pag. 695. The Second thing our Discipline prescribes those which are Deputies to Synods is to carry along with them the Decisions which shall be made I find the same thing practic'd in the Antient Church in Effect it may be seen by the 29th Cannon of the First Council of Orange in the year 451 that each Bishop carried away with him a Copy of the Acts and Resolutions made in the Assembly and that the like was sent even to those as were absent to advertise them of their Duty by the Ministry of the Metropolitan and in the year 431 the First Oecumenical Council of Ephesus permitted each Metropolitan to take a Copy of the Acts whereof his Brother Bishops might have Communication by his means The Eighth Cannon where this power is granted to Metropolitans saying expresly that it is for their own surety that is to say for Conservation of the Rights of their Provinces and by consequence the Rights of all the Suffragan Bishops See what shall be said on the Tenth Article of the following Chapter XIV The Authority of Provincial Synods is inferiour to that of National Synods CONFORMITY There is no difficulty at all in this Constitution especially after what we have observed on the Tenth Article where I have prov'd by the Authority of several Cannons of Constantinople of Calcedon and the African Code that Appeals were made from Provincial Synods to those of the whole Diocess to which our National ones at this time do agree XV. Colloques and Provincial Synods shall be regulated according to the several Governments so that one may not pretend to be greater than another and for the present this shall be the Distribution of Provincial Synods 1 The Isle of France Country of Chartrain Piccardy Champagne and Brie 2 Normandy 3 Brittany 4 Orleans Blesois Dunois Nivernois Berry Bourbonnois and La Marche 5 Tourain Anjou Loudunois Le Maine Vandomois and le Perche 6 Vpper and Lower Poictou 7 Zantonge Aunis City and Government of Rochell Angoulmois 8 Lower Guyen Perrigord Gascogne and Limosin 9 Vpper and Lower Vivarez with the Uclay and Forest 10 Lower Languedock viz Nimes Usez Montpelier to Beziers inclusively 11 The rest of Languedock Vpper Guyen Tholouse Carcassona Quercy Rouergue Armagnack Vpper Auvergne 12 Bourgundy Lyonnois Beaujolois Bresse Low Auvergne Gex 13 Provence 14 Dauphine and the Principality of Orange 15 The Churches of the Soveraignty of Bearn 16 The Sevennes and Givaudan If it so falls cut for the convenience of Churches that one or two should be parted or to unite several in one it may be done in the Provincial Synod whereof notice shall be given to the National Synods CONFORMITY Those who please to read the Second Cannon of the First Universal Council of Constantinople and the Eighth of that of Ephesus will easily perceive our Discipline agrees exactly with the practice of the Primitive Christians And as for the dividing one Church into two or joyning several into one when necessity requires there is Examples to be seen in Antient Records As for joyning several into one Tom. 5. Conc. p. 430. the Eighth Letter of the Second Book of Gregory the Great gives us an Example and the Fathers of the Sixteenth Council of Toledo An. 693 in the V. Cannon Authorises the joyning and dividing and declares also in what manner it must be done The Emperour Charles the Bald in his Capitularies Anno 844 gives power to the Bishops to divide a Church into two when the Necessity and Edification of the People require it and if it gives them power to divide Churches Tom. 2. capit c. 7. p. 23. Edit Balux 1677 there 's no question to be made but it gives them power also to join several in one for good and lawful causes In process of time the Popes have assumed to themselves this power of Joyning and Dividing Churches although in France they are not permitted to exercise it without the consent of our Kings as the late Mr. de Marca has well observed in the Thirteenth chap. of the Fourth Book of the Liberties of the Gallcian Church where he treats of these matters XVI A Minister deputed by a Provincial Synod to go to a Synod or Colloque of another Province for some publick Affairs may have a deliberative Vote and that not only for the business he is come about but also during the whole sitting if his particular Affair be not in agitation CONFORMITY I do not think any need question but the same thing was practis'd in the Primitive Church Tom. 1. Conc. Gall. p. 27.
future because say they There must be time for a Catecumene and a longer Proof and Tryal after he has been Baptised which they confirm by the Words of the Apostle above cited About forty years after the Council of Laodice the Canons whereof have been annex'd to the Code of the Canons of the Universal Church made this Decree which is to be seen in the Third Canon It is not permitted to admit into Sacred Orders those who have but lately received Baptism it is also whereunto have regard the 12th and 13th Canons of the same Council This same Defence has been since often reiterated for not to speak of the 8th Canon of those attributed to the Apostles wherein 't is to be seen at this present time it is to be found in sundry other places of the Writings of the Ancient Fathers those who will take the pains to read in the first Tome of the Councils of France the Eleventh Canon of the Fourth Council of Arles Anno Dom. 524. the Letter of Pope Foelix the Fourth to Caesarius Bishop of Arles of the year 528. The Sixth Canon of the Third Council of Orleance of the year 538. and the Ninth to the Fifth of the same place with the Twelfth of a Roman Synod to the Bishops of France the time whereof is uncertain those I say which will please to read these places will will easily perceive the Matter now in question as also in the Third Canon of the first Council of Barcelona Tom 4. Concil p. 531. 587. which was held the year 599. and in the Eighteenth or Nineteenth of the Fourth of Tolledo in the year of our Lord 633. III. If it happens that any Bishop or Curate aspire to the Ministry of the Gospel he cannot be Ordain'd until he be first a true Member of the Church renouncing to all his Benefices and other dependancies on the Roman-Church and acknowledging all the faults he has committed for the time past as he shall be directed by the Consistory and after long experience and proof of his Repentance and good Living CONFORMITY Those whereof there is question in this Rule being near hand the same with the others whereof I have discoursed in the precedent Article the same Method must be observed in reference to them as towards the others seeing they can be looked upon in the Communion wherein they are lately come but as new Converts IV. A Minister of the Gospel except it be in troublesom times in case of great necessity in which he may be Ordain'd by Three Ministers with the Consistory of the place shall not be admitted to this Holy Office but by the Provincial Synod or by the Colloqui provided it be compos'd of Seven Pastors at the least which Number not being to be found in some Colloquies it shall call in others of the Neighbourhood to accomplish the Number and him who is to be Ordain'd shall be presented together with good and sufficient testimonies not only of Academies or particular Churches but also of the Colloqui of the Church in the which he has been most conversant CONFORMITY There are two chief Heads in this Article one whereof regards the Number of the Ministers which are to assist at the reception of him who is intended to be admitted into the Holy Ministry and the other concerns the Testimonies of him who presents himself to be Examined As for the former of these two Heads touching the number of Ministers whose presence is necessary for the Establishing of another there is nothing wiser or more judicious than what our Discipline does appoint Whilst the Church doth enjoy Peace and is at full Liberty it 's very reasonable that the Minister of the Gospel be admitted to this Sacred Office by all the Ministers of the Province assembled in a Synod or at least by those which compose the Colloqui or Class where he is to serve provided they are not under the number of Seven but in perilous and difficult times and upon urgent necessity three are sufficient It is the Establishment of the first Council of Nice which explains it self in these Terms in the 4th of its Canons It is requisite the Bishop should be established by all the Bishops of the Province but if that be difficult to be done by reason of some urgent necessity or by reason of the length of the way let there be Three Assembled to make the Ordination those which are absent consenting and approving the same by their Letters I grant the Cannon speaks properly of the Ordination made by the imposition of hands as we shall see in what follows but that don't hinder but that it may be appli'd to the whole vocation the 19th Canon of the Council of Antioch of the year 341 saith in effect the same thing But in regard of these difficult times whereof mention has been made during the which three Pastors sufficed for establishing a Minister the Ecclesiastical History praising the Piety and Zeal of Eusebius Bishop of Samosate observes of him amongst other things one action very considerable which is that in the time the Arrians persecuted the Catholicks under the Emperor Valens this holy man knowing there was several Churches destitute of Pastors He Equipp'd himself in a Soldiers habit and putting a Miter on his head Theodoret. Lab. 4. c. 13. he went through Syria Phoenicia and Palestine setling Priests and Deacons and also Bishops in the Churches that had need of them I say he established even Bishops whether it be understood of Bishops which had before been advanced to this Dignity and which he established in the Churches which had need of them as may be gather'd from Theodoret or other Orthodox persons which he Consecrated and to whom he gave Ordination at the very time that he assign'd them Churches and that he setled them in them as is observ'd by Mr. de Valois in his Notes upon this place and on the 4th Chap. of the 5th Book of Theodoret's History to justifie what I have now said of Eusebius of Samosate that he established Bishops in the Churches that wanted them and at the same time to see sundry instances of Ordinations by the Imposition of hands of one person only however it be the conduct of this Prelate which was never blamed by any shews plainly that in difficult times and when the preservation and safety of the Church requires it something of the rigor of the Laws and Canons of the Church may be dispenc'd withal as is observ'd by Synesius Bishop of Ptolomais in his 67 Epistle P. 20. Edit Par. 1631. where he makes mention of the Ordination of a Bishop by another single Bishop in difficult and troublesome times and I will make appear on the 8th Article several examples of these kinds of Ordinations even in times that were not troublesome and such as our Discipline designs in the mean while I observe that Venerable Bede in his Ecclesiastical History of England writes that Ithamar Bishop of
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
Election of the Clergy I proceed on farther and I say the same practice was observ'd in the beginning of the 13th Century therefore a Council of Avignon Assembled the Year 1219. by the Legates of Pope Innocent the 3d was obliged to prohibit it in the 5th Chapter Ubi supra p. 613. We forbid the Laity to intermedle by themselves or any else in the Election of a Bishop or of any other Church Guide And in all likelihood the Council made this Decree in regard of the Albigenses who doubtless followed the Ancient practice and with whom the Legates of this same Pope had a Conference in the City of Mountreall near Carcassone three years before whereof there is mention made in the 18th Chapter of the 2d part of the History of the Eucharist In the main I believe that since this Council of Avignon the People have by little and little been depriv'd of their just Rights from thence it is as I suppose that Pope Gregory the Tenth which order'd several things about Elections in the Council of Lyons in the year 1274 Tom. 7. Concil p. 885. ad 887. saith nothing at all of the suffrage of the People altho he speaks several times in general terms of those which do elect VII He who has consented to be Ordained to the Holy Ministry shall receive the Office which shall be given him and at his refusal shall be sollicited by all convenient Exhortations but he is not to be constrained CONFORMITY From the time that one has consented to make choice of him to settle him in the Office of the Holy Ministry he is ingag'd by a kind of promise that he is bound in Conscience to accomplish so that it is just to represent his Duty to him and to exhort him to bear without reluctancy the yoke which he had a design to take on him Nevertheless because these kind of actions should be free and that the work of the Lord ought to be without constraint it cannot reasonably be used towards those which refuse to accept this Office whatever inclination they had to it before according to which the third Council of Orleance assembled Anno Dom. 538. discharges the Pastors which were chosen into Orders by force or against their will it discharges them from their Employment without debarring them from the Communion Can. 7. t. 1. Conc. Gal. p. 250. but as for Bishops that have the confidence to make such Ordinations the Synod imposes on them a years Penance and suspends them from the functions of their Ministry The 36th Canon of those which go in the Apostles Names differs a little from this practice and is something more severe In the main the ancient Discipline never approved force nor constraint in these Occasions altho some instances are found in the Ecclesiastical History VIII The Election of Ministers shall be confirm'd by Prayers and the Imposition of hands nevertheless in avoiding all superstition according to the form which follows The manner of the Imposition of hands commonly observed in the Churches of France in the Ordination of Ministers All abovesaid having been observ'd two Pastors which for this purpose have been deputed by the Synod or Colloque to lay hands on him that is elected being come to the appointed place him of them that is to Pray shall briefly treat of the Institution and Excellency of the Ministry alledging the passages of Scripture most fitting to the occasion as Eph. 4.11 Luk 10.16 Joh. 20.21 1 Cor. 4.1 2. 2 Cor. 5.18 19 20. 1 Tim. 1.2 c. and others the like exhorting each one to beware to the end that as well the Minister as the People discharge their Duty The Minister discharging himself so much the more carefully of his Employment as he knows 't is precious and excellent in the sight of God and the people receiving with all reverence the Word of God which shall be delivered by him which is sent unto them Then shall be read in the presence of all what is written 1 Tim 3. Tit. 1. and 1 Pet. 5. where the Apostle teaches what a Minister should be And to the end God would be pleased to bestow his Grace on him which is Ordain'd well and faithfully to acquit himself a short Prayer should be made to this effect wherein the said Minister shall include these words or others to the same effect That thou wouldest be pleased Oh God to endow with the Gifts and Graces of thy Spirit this thy Servant lawfully Elected according to the Order established in thy Church supplying him abundantly with all Gifts necessary for well discharging his trust to the Glory of thy Holy Name the Edification of thy Church and the Salvation of him who is now dedicated and consecrated by our Ministry Then they shall lay their hands on his head Him that Prays standing at the Chair and him for whom he prays on his knees Prayer being ended and the new Pastor standing up the two Deputies of the Synod or Colloque shall in presence of all the people give him the hand of fellowship and let this Form with the direction abovesaid be generally observed in all the Churches CONFORMITY There are several Considerations to be made on this Article and on the form which is above recited In the first place the Minister to whom it belongs to Preach ought in his Sermon to treat of the Institution and excellency of the Ministry and of the duties of this weighty Office whereupon we find a great many excellent passages in the Writings of the Ancient Fathers of the Church and several holy reflections capable to infuse into Pastors an ardent zeal and a sincere affection in performing the several Duties of their Office Not to speak of Gregory the First having compos'd an intire Treatise to explain the Functions of this Excellent Office and it is very probable that in the time of Ordination it was signify'd to those which were to receive it whereunto the conduct of souls which God committed to their charge obliged them The first Canon of the fourth Council of Carthage insinuates it thus having touched all the several things about which he will have him examin'd which is to be establish'd in the Ministry Tom. 1. Concil p. 727. he adds When he has receiv'd the Episcopacy in the Name of Jesus Christ let him not follow his pleasures nor the inclinations of his mind but let him submit and acquiesce to these Decrees of the Fathers And I make no doubt but what was practic'd in Africa in the time of this Council in the Ordination of Bishops did tacitly warn them of their Duty for we find in the second Canon that two Bishops laid on his head the Book of the New Testament and held it there during the whole action we read almost the same thing in the Constitutions under the Apostles Names and in the Roman Pontificial and in the XI Chap. of the second Book of Durandus his Rational St. Chrysostom or rather some
report of Zozomen were made Bishops for Honour sake only without assigning them any Church however Barses in time was made Bishop of Edessa and Enlogius succeeded him XI Those who are Ordained into the Ministry are to understand they are enter'd into it for their whole life if they are not lawfully dismissed for good Considerations and that by the Provincial Synod CONFORMITY The 7th Canon of the Council of Calcedon forbids those that have been once admitted into the Clergy to bear Arms or to exercise any worldly Dignity that is The Synod requires that they should always abide in the Profession they have taken upon them and that they should not forsake the Ministry of the Church Rusticus Bishop of Narbona having writ to Pope Leo the I st That he was so moved with the Scandals which daily hapned that he could wish to be freed from the Episcopal Office to lead a more tranquile and quiet life the Pope answering the Bishops Letter Tom. 1. Conc. Gall. p. 111. intimated to him That he could not with a safe Conscience forsake the Office he had undertaken nor flinch from the Employment committed to his trust It is in this same Sense that Pope Felix the IV. Ann. Dom. 528. wrote to Caesarius Bishop of Arles That the Establishment of Church-Guides ought to be firm and immutable Tom. 1. Conc. Gall. p. 254. Tom. 7. Conc. p. 153. In the Year 895. there was a Council held at Tribury near Mayence compos'd of 22 Bishops which in the 17th Canon renew'd that of Calcedon which we above cited and which anathematiz'd those of the Clergy which did not repent of having left their Cures and which did not return to them Pope Calixtus the II. assembled a Council at Tholouza the Canons whereof are inserted in the 18th Chapter of Monsieur De Marca's 8th Book De Concordia Imperii Sacerdotii The 10th of these Canons Excommunicates the Clergy we speak of until they have repented of their prevarication A great while before Tom. 5. Part. 2. p. 211. Paris 1638. to wit in the Vth Century and before the assembling of the Council of Calcedon St. Cyril of Alexandria complains of this Abuse in his Canonical Epistle There is saith he another thing which doth not agree with the Decrees of the Church which is That there are Priests which present Renunciations by writing for if they are worthy to exercise the holy Ministry they must reside on it and if they are not worthy they do not leave it for their Resignation but because their own Deeds condemn them Thence it is that Loup Abbot of Ferriers in Gattinois said in the IXth Century That as nothing but Adultery could dissolve carnal Wedlock so also it is not permitted to lay aside the Pastoral Charge once received Ep. 2 Paris 1664. whilst one may contribute to the good of the Flock Nevertheless there are sundry Examples of those which in divers times and in divers places have for quietness sake renounced the Ministry that is they have forborn exercising the Functions and exercising the Office of a Bishop thus was was it done by Eustathius Tom. 3. Conc. p. 428 429. Metropolitan of Pamphilia to whom the Oecumenical Council of Ephesus in the year 431. preserv'd the Name Honour and Communion of a Bishop Martirius Bishop of Antioch withdrew himself by reason of the Extravagance of his Clergy the Disobedience of his People and the Corruptions of his Church but in preserving to himself the Honour and Dignity of the Ministry as Theodorus Lector writes in his Ecclesiastical History L. 1. p. 555. In the next Age there hapned almost the same thing to Paul Bishop of the same City of Antioch in the VIth Century and in the very Infancy of Religion St. Clement Tom. 3. Conc. p. 800. Disciple of the Apostles advised Pastors whose Churches were not well satisfied with them he counsell'd them to go elsewhere and to acquiesce to the desire of the People assuring them to obtain a great degree of glory in Christ Jesus adding Ep. ad Cor. p. 69. That those who have lived according to the Rule God has prescrib'd has always and will ever do after this manner because they ought to desire nothing more than the Peace and Edification of the Churches Pope Innocent the IIId in the 1st Book of Decretals tit 9. cap. 10. Nisi cum pridem proposes sundry Reasons wherefore it may be permitted to renounce the Conduct of a Flock for instance The reproach our Consciences makes us of some Crime infirmity of Body want of Knowledg the wickedness of the People some grievous Scandal or some personal Irregularity these are the Reasons for which this Pope thought one might desire to be discharg'd from the Ministry of the Church XII The Office of Ministers is principally to Preach and declare the Word of God to their People and they shall be desir'd to abstain from teaching in any strange way not tending to Edification and conforming to the Simplicity and ordinary Stile of God's Spirit taking heed there may be nothing in their Sermons which might bring any prejudice to the Honour and Authority of the Holy Scriptures They shall not Preach without chusing for the Subject-matter of their Discourse some Text of the Bible which they shall keep close to and their Text they shall take and explain the best they can avoiding all unnecessary Amplifications tedious and needless Digressions of many Passages of Scripture not pertinent to the matter in hand and of reciting various Expositions They shall be moderate in alledging the Writings of Ancient Doctors and much less Prophane Authors and Histories They shall not deliver their Doctrine in Scholastick manner nor intermix with strange Languages To conclude Let them avoid every thing that may tend to Ostentation or any way give Occasion to suspect it to which the Consistories Colloques and Synods shall take special heed CONFORMITY The Preaching of the Word being the principal duty of the Holy Ministry the Compilers of our Discipline have taken particular care exactly to prescribe to Ministers the Subject and Manner of doing it these are the two things contain'd in this great Article As to what regards the Subject of their Sermons it must always be taken in the Holy Scripture The Council of Laodicea calls it The Dispensation of the Word of Faith Can. 12. and of the right and true Word and it is with regard hereunto Tom. 1. Concil p. 728. Tom. 4. Concil p. 820. that of Carthage Ann. 398. appoints in the 20th Canon That the Bishop should apply himself only to Reading Prayer and Preaching of the Word of God The Council of Tolledo assembled in the Year of our Lord 675. employs the 2d of its Canons to prescribe to Pastors their Duty saying They should always have in their mouth the Sword of Truth be powerful in exhorting by holy Doctrine and to convince Gainsayers and not to turn aside from
the Creed proportionable to the Capacity of those whom he instructed to put them into a state fit to receive Baptism and to be plung'd in the Mystical Waters of this Sacrament of our Regeneration But to ascend higher than St. Cyril Euseb Hist l. 5. c. 10. l. 6. c. 6. Can. 3. c. 26. Can. 15 29. from the very first beginning of Christian Religion there were publick Schools at Alexandria and places appointed for this Exercise and where the rudiments of Faith was taught or as the Apostle speaks The rudiments of the first beginning of the word of God In the 2d Century Pantenus an Eminent Philopher kept this School and then exercis'd the Office of Catechist Clement of Alexandria succeeded him and he had Origen for his Successor aged but 18. years Origen left the Conduct of this School to Heraclas and Heraclas to Dennis and these two last were successively Bishops of Alexandria The Authors of our Discipline had therefore good reason to exhort the Churches to have frequent Catechising which is of great benefit and singular edification XIV Ministers with their Families shall actually reside in their Churches or Parishes under pain of being depos'd from their Office CONFORMITY In the first Ages Pastors were so full of zeal for the Glory of God and so industrious for the Edification of their Flock that 't was superfluous to exhort them to Residence seeing they had no other thoughts but to do it in the places assigned to their care and where the Families lived which were committed to their conduct neither do we find in those times any Canons which enjoyn them to this Residence because they themselves of their own free will were inclin'd to do it and that 't was not heard of that a Pastor did not dwell in the midst of the Flock to whom he owed his care and presence De Lapsis St. Cyprian complained of certain Bishops which incumbring themselves with secular affairs abandoned their Churches and the care of that holy administration whereof they were to render an account to our Saviour And in his 56 Epistle to those of Thibari he sheweth that in the present conjuncture he could not safely leave his Church and the People God had committed to his Charge St. Ambrose sufficiently testifies that he was really persuaded of the necessity of Residence when he wrote to the Emperor Theodosius that if the dread he had of the Tyrant Eugenius had oblig'd him to quit Millan for a little time yet he returned thither as soon as the storm was past over Lib. 7. Ep. 58. To. 5. p. 322. Pâ—r. 1632. I hastned saith he to return as soon as ever I heard that him whose presence I thought I was bound to shun was gone for I forsook not the Church of Millan which the Providence of God committed to my care but I desir'd not to see him that made himself guilty of Sacriledg He speaks of Eugenius who usurped the Empire after having cruelly put to death the Emperor Valentinian the younger This holy Doctor elsewhere represents the damages occasioned to the Church by the absence of its Pastor especially when he observes the People omit frequenting the Holy Exercises and not only the People but also the Clergy themselves become more remiss in things of Piety and Religion St. Austin declares plainly in the 138 and 227 Epistles that he never forsook his Church but upon indispensible necessity In a request presented by some Friers to the Emperors Theodosius the Younger and Valentinian the Third against Nestorius they accuse him amongst other things That for the executing his outrages he employed foreign Clerks which he made come from other parts that is to say other Clergy besides his own Tom. 2. Conc. pag. 222. Altho according to the Ecclesiastical Canons say they they are not permitted to live in another Diocess or in another Church but only in those places and Cities where they received Ordination by the Imposition of hands there to reside peaceably It is not easie to affirm with certainty if the Canons whereof they speak were reduced into writing or rather if they were not customs and uses setled in the Churches by long practice for this term of Canon or Rule has sometimes this signification in the writings of the Ancients and what induces me to think so is That till the Fifth Century when this request was presented it was not very needful to make Canons to oblige Pastors to reside in their Churches if it be not that one may apply to this Residence the Canons which prohibit the Translation of Bishops from one place to another whereof we shall treat hereafter I know very well that the Council of Sardis had in the year 347 made some Decrees which in some fort regarded Residence but besides that these Canons were not much known in the East they were not properly made for establishing of Residence nor precisely to oblige Bishops thereunto but only to inform them in presupposing it as an indispensible Obligation in what occasions and for what time they were permitted lawfully to be absent from their Churches in effect in the eighth Canon the Fathers of Sardis allow Bishops may go to Court if the Emperor send for them or if the protection and defence of the Poor of Widows and Orphans oblige them to it It is true that in the ninth and tenth Canons they restrain the permission granted in the former and do not permit Bishops to go themselves to Court but when they are called by the Prince nevertheless they agree they may send one of their Deacons to obtain some favour in behalf of distressed persons but they consent to it upon prudent and judicious reasons and which are to be lookt upon as necessary precautions against the ambition of Bishops to whom the same Council positively forbid Can. 14 15. To be absent from their Churches above three Weeks unless some pressing necessity constrain them to it When under the second Branch of our Kings the Prince cast his eye on any Bishop to make him his Arch-Chaplain he was forced to demand leave of the Synod and Pope Con. Fran. cap. 55. Tom. 2. Conc. Gall. p. 217. the Bishops of Rome having already got great power in France I say he was forced in some sort to desire their leave to get him away from his Church to have him near his person because every body was then perswaded that Pastors were bound in Conscience to make their Residence in the midst of their Flocks I believe Plurality of Livings as is spoken at this time has given a mortal blow to the case of Residency and has by this means introduced ignorance into the Church and together with Ignorance Superstition which is the Daughter of Ignorance this wicked custom was a long while unknown amongst Christians seeing the first Canon which formally condemns it is if my memory fail not the fifth of the sixteen Council of Toledo assembled the year
of our Lord 693. I confess that the tenth of the Council of Galcedon forbids Clerks to inrole themselves in two Churches at once but that of Toledo is formal on the matter I examin That there be not granted to one Priest several Churches because he cannot do service in all nor help the People in the Priestly Functions Since that time this sort of prohibitions have been frequent in the West as may be easily made appear were this the place to do it it shall suffice to alledg at present the demand which Charles the Ninth caused to be made by his Ambassadors at the Council of Trent That but one Benefice be conferr'd on one person in taking away as to what regards Plurality the difference of Benefices Compatibles or Incompatibles because this distinction which is new and unknown to ancient Decrees has also occasion'd great Evils to the Catholick Church and that Regular Benefices be given to Regulars and Secular ones to Seculars and that for those which at present enjoy two or more either that they hold only that which they shall make choice of in a little time or that they suffer the punishments inflicted by the ancient Canons However it be zeal being grown cold and Pastors abating in the care they formerly took in the Edification and Salvation of those committed to their charge there was an absolute necessity of making Laws to enjoyn Residence whereas formerly they did it of their own free-will and inclination to discharge their Consciences of the Duties of their calling Pope Eugenius the Second seeing in the Ninth Century they dispensed themselves from dwelling with their flock Coll. Rom. p. 2. c. 6 7 p. 23 24. made a Decree in a Synod held at Rome having this Title That Bishops do not live out of their Diocesses the Canon is conceiv'd in these terms Bishops should keep always at their Churches to labour with Piety for their edification because the absence of the Bishop many times becomes the misfortune of the People And in the following Canon he will have Cloisters built near the Churches for the Dwellings of inferior Clerks to the end they may give attendance to the study of Ecclesiastical Discipline The Council of Meaux Anno 845 Tom. 3. Conc. Gal. c. 36 p. 42. made another Ordinance much like it That Priests be not suffer'd to lodg abroad where they list but that they keep always at their Churches by reason of Divine Mysteries and to yield to Litanies the services they owe to them and that they have not liberty to dwell elsewhere After abuses had in this regard crept into the Church it cannot be doubted but many Settlements were made to restore things to the ancient Model and to shew the necessity and importance of it because in truth the Obligation of Residency is greater than most people are aware of seeing that Pastors are obliged wholly to their Flocks and all the parts of their Ministry is destin'd for them Nevertheless whatever Decrees have been made to establish the ancient Discipline it could not be prevented but in these latter ages an extream negligence has succeeded in the practice of so holy and sacred a custom therefore in the days of our forefathers the question of Non-residence was debated with much heat in the Council of Trent Hist du Conc. lib. 6. p. 592. ad 600. p. 621. ad 616. avec le livre 2. p. 309 310 311. â— Troys 1627. insomuch that the Spanish Prelates were so stiff that they declared it was Jure Divino of Divine Institution which alarm'd the Legates and gave a furious shock also to the Court of Rome for 't was foreseen if this Article should pass a part of the Pope's Authority should be retrenched the Plurality of Benefices which has occasioned so great mischief in the Church should be abolished and the Cardinals should be depriv'd of that which supported the splendor of their Purple Robes in depriving them of Benefices for Non-residence but means were found to allay these heats and to compose matters to the satisfaction of the Bishop of Rome and his Court However this same Council in the 24th Session and in the Decree of Reformation seems to have prescribed some remedy to the evil which arises by Non-residence but it did it in such a manner as it left the door open to the abuse which far from diminishing has increased more and more But that there may not be any contest on occasion of our Discipline enjoyning Ministers and their Families to make actual residence in their Churches that is with their Wives and Children as if the Ancient Bishops were never Married and as though they never lived in their Churches with their Families it 's necessary to justify our Practise by some Examples The first shall be that of the venerable old Cheremon Bishop of Nile in Egypt for Eusebius mentions in the 42d Chapter of the 6th Book of his Ecclesiastical History That when the Persecution of Decius raged he retired into a Mountain with his Wife who never forsook him And in the 9th Chapter of the 8th Book he makes mention of Phileas Bishop of Thmuis in Thebaide who suffer'd Martyrdom under Dioclesian although the Judge which condemn'd him did what he could possible to make him renounce Jesus Christ in exhorting him especially to have pity of his Wife and Children Spyridion Bishop of Trimythunte in the Isle of Cyprus in the days of the Emperor Constantine liv'd in his Church with his Wife and Children as is witnessed by Zozomen L. 5. c. 11. It 's only needful to Read the 22d Chapter of the 5th Book of Socrates his Ecclesiastical History to see sundry Examples of Bishops that were Married and liv'd with their Wives It cannot be doubted but Synesius did so seeing he accepted not the Bishoprick of Ptolemais but on those terms as he himself tells us in his Hundred and fifth Letter And 't is very likely the greatest number of the Eastern Bishops lived in their Churches with their Wives and Children until the end of the 7th Century That the 6th Council appointed that they should put away their Wives and that they should no longer cohabit with them Can. 12. which they were ever permitted to do before this Decree according to the remark of the Frier Blastares in Syntagm Alphab Litt. G. Cap. 16 17. Besides that in this same Canon the Fathers acknowledg'd that there were several Bishops in Lybia in Africa and elsewhere that lived with their Wives which agreed very well with the 5th Canon called the Apostles which forbids Bishops Priests and Deacons under pain of Suspension and even of Deposing to separate from their Wives under pretext of Religion XV. Those to whom God has given the talent of writing are admonish'd to do it in a modest way and befitting the Majesty of Heaven and consequently not to write in a ridiculous and injurious manner the which gravity and modesty they shall also observe in their
of abuses And this new sort of Offices and Degrees are condemn'd and look'd upon to be of dangerous consequence as also are to be rejected all Titles of Superiority as Ancients of Synods Superintendents and others of like nature The Advertisements for Assembling Colloquies and Synods or any thing relating thereunto shall be addressed to a Church and not to a private Minister or other particular Member of it if they should happen to be directed to one of the Ministers or Elders for some considerations those which shall receive them shall carry them to the Consistory to advise and deliberate of them CONFORMITY There is nothing in this Discipline which is not intirely agreeable to the Primitive according to which every Bishop was only obliged to visit his Diocess once a Year but he was not permitted to visit any other but his own I say in the first place he was obliged to visit his Diocess as may easily be proved by a great many Canons the 8th of the Council of Tarragona in the Year 517. is formal in it Tom. 3. Concil Paris p. 803. 1636. We appoint by this Constitution That the Ancient Vse be observ'd and that each Bishop visit the Churches of his Diocess The 35th of the 4th of Toledo in the Year 633. renewed this Decree with this Clause That if the Bishop were sick or employed elsewhere he should cause the Visitation to be made by some of his Priests or Deacons This restriction opened the door to the negligence of Pastors which did that by others which they should have done themselves whereas had the Canon of Tarragona been lest in its force and without bringing any qualification to it the Bishops would not have failed punctually to have observed it Nevertheless the Council of Trent in the 24th Session Chap. 3. of Reformation made no difficulty to follow the mitigation of the Council of Tolledo although it does but too much favour the stupidness of Overseers which our Kings having mutually consider'd in the 9th Century they made sundry Ordinances whereby they enjoin'd Bishops themselves only to visit yearly their Diocesses Lib. 7. Capit. Cap. 94 109. of the Edition of Paris 1588. There are besides several other Capitularies which prescribe the same thing but are not necessary here to be recited Therefore I proceed to the other Consideration To shew that a Bishop had no right of inspection but on his own Diocess beyond which he was not permitted to meddle Thence it was that the Council of Antioch in the Year 341. declares in the 9th Canon That each Bishop has power in his own Diocess prudently to Govern it and to take care of the whole Circuit which depends of the City where he dwells and in the 22d Canon this Rule is made That a Bishop do not go to another City which is not under his Conduct nor into any part of the Country which don 't belong to him there to Ordain any one nor to settle Priests or Deacons subject to another Bishop if it be not done by consent of the Bishop of the place and if there be any Bishop so bold to do such things That the Ordination he has made be void and as for him let him be censur'd by the Synod And as this Council prohibits Bishops to enterprise any thing without their Diocess that of Constantinople of the year 381. forbids it to Metropolitans out of their Provinces Canon 2d And as for the Titles of Superiority which is disallowed by our Discipline besides that they are contrary to the simplicity of the Gospel and to the Equality which was at first amongst Pastors the Church of Africa had in a manner banish'd them quite from amidst of it to incline the Bishops to humility and to remove from their minds all thoughts of Pride and Ambition for it made this Canon which is the 39th in Mr. Justell's African Code Let none call Prince of Bishops or High Priest or any thing of like nature the Bishop of the highest See but let him only be called Bishop of the first See St. Cyprian had said a great while before of himself De Haeret. Baptiz p. 282. Vol. Edit Paris 1666. and the Bishops in Africa Let none of us assume to be called Bishop of Bishops or as is read in some Copies None of us have resolved with our selves to be called or termed Bishop of Bishops XIX A Minister cannot together with the holy Ministry Practise Physick or the Law nevertheless he may for Charity give Counsel and Assistance to them which are sick of his Flock in the neighbouring parts provided it don't hinder him from doing the duty of his Charge and that he makes no gain of it except it be in times of trouble and persecution when he cannot exercise his calling in his Church and is not maintained by it to avoid the study of Law or other distraction to addict themselves wholly to their Office and to the study of the holy Scriptures and Divinity And against those which refuse to yield obedience the Colloquies and Synods are warn'd to proceed according to Order of the Discipline as also against those which so employ themselves in teaching youth that it may in some measure hinder them from attending to their principal Employment to which the Provincial Synods Colloquies and Consistories shall have regard even to the suspending of Ministers CONFORMITY It is said that Philosophy requires the whole Man it may more truly be averr'd of the Ministry of the Gospel to the Functions whereof one should apply all their time and all their study so far unfit it is to think one shall be able to exercise any other Calling with that of the Ministry for example that of Physick therefore amongst us it is not permitted for a Minister to undertake any other Profession with the Ministry a Pastor may have some insight in the Law and in Physick and also may use it charitably for the good of his Neighbours in giving Counsel to some and affording Ease to others as Theodotus Bishop of Laodicea did of whom Eusebius speaks so advantagiously Hist Eccles l. 7. c. 32. p. 288. but with all that 't is requisite one should apply himself intirely to the good of his Flock and that one can't with safe Conscience rob it of a great part of the time which belongs to it to employ it in the Exercise of any other Profession to the prejudice of that whereunto it is principally dedicated Thence it is that the 10th Canon of the Council of Mayence in the year 813 Tom. 2. Concil Gall. and the 100 of that of Aix la Chapell in the year 816. prohibit Ecclesiasticks of taking any thing for helping any sick persons by the Rules of Physick which was not unknown to them Doubtless for warning them that having been Consecrated to the Service of the Church they ought not to spend time in the common practise of Physick by the knowledg of which they have liberty in certain
our Lord 506. Tom. 1. Conc. Gall. Can. 21. p. 165. the Council of Agde in Languedoc made a Decree which in some sort refers to this Settlement for it suffers those who for the convenience of their Family desires to have an Oratory or as they speak now-a-days a Chappel in the Country besides the common Places of assembling it permits them there to serve God except it be on principal Feast-days for on this occasion it enjoins them to come to their Parishes excommunicating the Church-men that shall serve in those Oratories if they attempt any thing against this Decree Collect. Rom. part 2. c. 41. p. 132. unless it be by the order or permission of the Bishop in whose Diocess the Chappel is Thence is it that Pope Leo the IVth forbids Laymen to establish a Priest in any Church whatever without consent of the Bishops The Council of Meaux in the Year 845. Exhorts Princes and Lords to order it so that the Priests which serve in their Chappels should be ready to hinder and banish from their Houses all manner of Vice and be careful to instruct the Domesticks because Parish-Priests and Bishops and Ministers are to do so unto the poorest and meanest of the People Agabard Bishop of Lyons in the same Century complains in a Book he writ of the Law of Priesthood he complains I say Tom. 1 p. 134 135 Paris 1666. of the abuse which reigns amongst great Lords in regard of their Priests and Chaplains and of the little esteem they made of them requiring of them services altogether unworthy the Degree they were to hold And because these Priests dwelt in the Houses of Persons of Quality they were called their Priests Pag. 121. and 't was said the Priest of such a Lord the which Pope Nicholas the Ist could not suffer as appears by the Chronicle of Hugh of Flavigny contained in the 1st Volume of the Library of Father Labbe imprinted at Paris Ann. 1657. there is in the 6th Tome of the Councils divers Canons of a Synod which as some think was assembled at Pavia in the Year 850. in the 18th of which the Priests whereof we speak are called Acephales Pag. 444. and those which have them in their Families are warn'd not to entertain any but such as have been examin'd by the Bishops Pope Vrban the IId in the 9th Canon of the Council which he held at Melphes Tom. 7. Conc. p. 504. in the Year 1090. says near hand the same thing and makes such another Decree XXII It shall not be lawful for a Minister to leave his Flock without leave of the Colloque or Provincial Synod of the Church to the which he was given CONFORMITY This Rule is very judicious to hinder Ministers from leaving their Flocks slightly and without permission of those which have power to dispose of their Ministry this is agreeable to the 3d Canon of the Council of Antioch in the Year 341. which forbids Priests and Deacons and all those of the Clergy to abandon their Churches to go unto others suspending from the Ministry those that do so especially if after being warn'd by their Bishops they do not speedily return to the Churches which they left and deposing without any hope of restoration those which shall persevere in their Disobedience with menaces to the Bishops which shall receive them to be censur'd by the Synod according to their Merit or as the Council of Calcedon will have it be excommunicated with the Desertors Can. 10 20. until such time as they return to their Churches Add also to this the 23d of the same Council with the 18th and 13th of Ancyra XXIII The Deserters of the Ministry shall be Excommunicated by the Provincial Synod if they do not repent and re-assume the Office God has committed to them CONFORMITY The Council of Sevill in the Year 619. Can. 3. for some time Exiles the Deserter into a Monastry after having degraded him of the Honour and Degree of a Minister but without taking away from him all hope of being restor'd after a punishment proportion'd to his Fault to the end by this means to restrain the Libertinism of Deserters Gratian cites this Canon in his Decret cap. 21. q. 2. Placuit ut si XXIV Ministers shall not be Vagabonds and shall not have liberty of their own free Authority to intrude themselves where they please CONFORMITY The Council of Ancyra in the Year 314. made a Decree which was very conformable to this of our Discipline If those which have been orduin'd Bishops saith he Can. 18. are not receiv'd into the Churches for which they have been named and that nevertheless they endeavour to get into others and to offer violence to those that are duly establish'd and to stir up troubles against them let such be depos'd but if they will continue in the Presbytery wherein they were formerly Priests let them not lose the honour of Episcopacy whereas if they stir up Seditions against those which are setled Bishops 't is sit they should be depriv'd of the honour of the Preshytery Tom. 1. Conc Gal. p. 126. Câ—n. 11. and intirelâ—d pos'd The Ist Council of Tâ—â—rs assembled Ann 46. requires that he be excommunicated from the Clergy which forsakes his Church without the Bishops permission to settle himself in any other place Ibid. p. 138. c. 5. That of Reimes orders almost the very same thing again Church-Vagabonds in the year 465. In the Council of Valentia in Spain assembled Ann. 524. the like Edict was made against inconstant and wandring Clerks Can. 5. Tom. 3. Conc. pag. 820. See Synesius on the 22d Article in his 67th Epistle how he declaims against these wandring Clergy-men whether they be Bishops or others and judges it is not fit they should have any publick mark of Honour amongst the Clergy nor admission into any other Churches to oblige them to return to their own XXV The Minister of one Church cannot preach in another without first obtaining leave of the Minister of it unless in case of his absence in which case it must be the Consistory must give him leave and if the Flock be disperst by reason of persecution or other trouble the Foreign Minister shall endeavour to assemble the Deacons and Elders which if he cannot do he shall nevertheless be permitted to preach to reunite the Flock CONFORMITY We formerly observ'd on the 18th Article that a Bishop had no power to undertake any thing without his Diocess within the compass whereof he was oblig'd to limit all the Functions of his Ministry and we proved it by sundry Canons needless here to be repeated it shall suffice to add unto them the 20th Canon of the VIth Oecumenical Council which is yet more formal than any of the rest to the matter now in question see here in what sort the Fathers have laid it down That it be not permitted for a Bishop to preach publickly in any City which is not
within his Jurisdiction Tom. 5. Concil p. 328. and if there shall be any one found so doing he shall be no longer Bishop and let him only perform the Functions of Priest XXVI The Minister which shall intrude himself although he were approv'd by the People is not to be approved by the Neighbour-Ministers or others but notice must be given of it to the Colloque or Provincial Synod CONFORMITY The Council of Antioch which I have several times cited absolutely authorises this Rule in the 16th Canon which is contain'd in these words If a Bishop out of employment intrudes himself into a vacant Church and usurps the place without the Authority of a full Synod let him be turn'd out although he may be approv'd of all the People which he shall have gain'd to him The 35th Canon of the African Code contains a solemn Decree against these Pastors which having by their slights insinuated into the minds of the People intrude themselves into Churches without any lawful Vocation so far that the 3d Council of Carthage which made this Decree in the year 307. appoints that they shall be driven away by publick Authority Pope Gelasius the I st enjoins almost the same in his 9th Epistle to the Bishops of Lucania Tom. 3. Concil pag. 936. XXVII Ministers shall not be sent to other Churches without Authentick Letters or other sufficient Testimonies from the places from whence they shall be sent the which shall be deliver'd into the hands of the Consistory whither they are sent to be carefully laid up CONFORMITY Besides the Canons I have mention'd upon the precedent Article and which do alike favour this there are also others which no less confirm it for Example Those which forbid to receive to the Communion in another Church an Ecclesiastical Person which cannot shew a Certificate from his Bishop and those also which enjoin Bishops to contain themselves within their Diocesses without intruding into another's as we have made appear and as may be farther proved by the 10th Canon of the Council of Carthage which is commonly called the 1st and which was assembled under Gratus in the Year of Christ 348 or 49. Tom. I. Conc. p. 566. To all which may be added the 33d Can. of the Apostles which expresly forbids to receive any Church-man without Letters of Recommendation and without due Examination and the 41st of Laodicea In the Ancient Discipline the Letters now spoken of were called Letters of Conge whereof we will speak more on the 4th Article of the 4th Chapter XXVIII No Minister for saying he is forsaken of his Church or persecuted shall thereupon be received by another Church until that by good Certificates he shall make appear to the Synod or Colloque how he shall have behav'd and govern'd himself and the whole shall be referr'd to the prudence and discretion of a Colloque or Provincial Synod CONFORMITY This Article also tends to nothing else but to restrain the Enterprises of such Ministers as shall insinuate themselves into Churches without being called or not having good Testimonies of their behaviour and of the cause wherefore they pretend to be forsaken of their Churches therefore it is that our Discipline refers the Decision of these matters to the discretion of Synods according to the Canon of Antioch in the year 34. Can. 16. XXIX When a Minister finds himself destitute of a Church having duly obtain'd leave and his discharge from that which he formerly served it belongs to the Colloque or Provincial Synod to provide for him in a months time and if in that time he be not provided for by the Synod of the Province or Colloque he shall be at his own liberty to provide for himself of a Church any where else without the Province where God shall enable him according to the Rule of the Discipline CONFORMITY This Rule intimates something more than the former for it speaks of Ministers destitute of a Church after having obtain'd License from those they served and of having for good and sufficient Causes been remov'd and who nevertheless are not suffer'd to settle in any other but by Authority of the Colloques and Synods according to the Ancient Discipline XXX Power is given to Provincial Synods to change Ministers for certain Considerations their Churches being heard and their Reasons well and duly examin'd but in case of Discord all shall be determin'd at a National Synod until which time nothing shall be innovated CONFORMITY The translating of Pastors from one Church to another has been strictly prohibited in the Ancient Church by reason of Abuses which have been therein committed and because these Translations were commonly the effect of Ambition and Covetousness for seldom any was translated from a greater to a less Church but frequently and almost always from a less to a greater the 15th Canon of the 1st Council of Nice the 21st of that at Antioch in the Year 341. the 1st of the Synod of Sardis in the year 347 and several others prohibit these sorts of changes which have no other motive as the Fathers of Sardis say but covetousness ambition and a desire to domineer Nevertheless all these Prohibitions has not hindered but several Bishops have been transferred from one Church to another Lib 7. c 35 36 37. Socrates in his Ecclesiastical History recites a great many Examples of these Translations made before and after the Council of Nice Pope Boniface at the beginning of the Fifth Century established Perigenes Bishop of Corinth Collect. Rom Part 1. p. 52. whereas before he was of Patras as appears by the Letter writ by this Pope to Rufus Bishop of Thessalonica Socrates also cites this Example But that it may not be imagin'd that all these Translations were nothing but the ill effects of the relaxation of the Discipline of the ancient Christians and that they were not countenanc'd by the Authority of some Canon it is to be observ'd there were some occasions wherein these changes were allowed as for example for the greater edifying of the Church in such a case it was permitted to translate a Pastor from one Church to another provided it was done by consent of the Synod as our Discipline doth prescribe The 14th of the Canons attributed to the Apostles explains it self after this manner It is not permittâ—â— for a Bishop to leave his Church to go to another altho he should be desired and invited thither by a great many unless there be some great reason that obliges him to it as that his Preaching might there tend to greater Edification and there cause a greater growth of Piety neither yet ought he to do it of his own accord but by the Exhortation and Judgment of several Bishops The fourth Council of Carthage assembled in the year 398 made a like Ordinance to that in the 27 Can. for having prohibited to go by ambition from one Church to another it adds That if the benefit of the Church be advanced thereby it may
the same Province or in any other XXXV Him who is destitute of a Church for not being employed in the Province and shall be lent elsewhere out of the Province by the Colloque until the Meeting of the Synod of the said Province if he be not employ'd by the said Synod in the Province he shall remain proper to the Church to which he was lent if he consents thereto and the said Church also CONFORMITY This Article depends of the foregoing ones and is no more but the continuance of the Rules we have examined amined therefore 't is needless to add to what has been said to this purpose XXXVI To the end that Congregations should acquit themselves of their Duty to their Pastors as the Word of God enjoyns them and that cause should not be given to Ministers to be dissatisfied and even to leave them the said Flocks shall be advertis'd to allow them what shall be necessary CONFORMITY When Jesus Christ first sent forth his Disciples to Preach the Gospel he forbid them to provide Gold or Silver alledging for this prohibition that the labourer was worthy of his hire St. Paul who wrought with his own hands that he might be burdensome to none nevertheless appoints in his Epistles the obligation Flocks have to their Pastors saying None goes a warfare at his own expence That him that plants a Vine cats of the fruit and him that feeds a slock drinks of the milk of it that what the Law saith Thou shalt not mussle the ox which treadeth out the Corn is to be appli'd to the Ministers of the Gospel who ought to receive temporal things of those to whom they sow Spiritual things That those which were employ'd about holy things did eat of that which was Holy and those which served at the Altar did participate of the Altar that in like manner the Lord ordained 1 Cor. 9.14 That those which preach the Gospel should live of the Gospel The Charity of Christians who lived presently after the Holy Apostles was so servent that they suffered not those which were ordained to instruct in the knowledg of the Mysteries of Heaven to lack any thing and altho in those first Ages they lived on the voluntary Oblations of Believers nevertheless they had suslicient for their maintenance and support and for the relief of the poor And because these offerings were divided amongst the Clergy each had his portion or at least they spent altogether that which fell to their share and also imparted to the relief of Indigent Clerks and other Brethren Ep. 66. p. 109. which were in want and which St. Crprian designs by Sportulantes fratres an expressien sound in the Testament of Perpetu Bishop of Tours in the Fifth Century inserted by Dom Luke D'Achery in the fifth Tome of his Collection The 25 Can. of the Council of Antioch appoints That the Bishop should receive of the Church-stores what shall be convenient for the necessary support of life both for himself and for the Brethren which lodg in his House and the 36 Syned of Agde in the year 506 requires That all the Clerks which serve in the Church faithfully Tom. 1. Conc 〈◊〉 p. 168. and with care receive of their Bishops the wages due for their labour propâ—rtionable to the service they yield or according as the Canons do appoint After all when Riches came flowing into the Church in several Provinces they divided them into four equal portions the Bishop had one the Clergy another the third was for the poor and the fourth for repairing the Church But in the Countreys where they divided them into three Portions as in Spain one third was for the Bishop one third for the Clergy and the other third for the Poor and repairation of Temples XXXVII And to avoid the ingratitude of those which have been found unworthily to treat their Pastors this order shall be observ'd To pay them aforehand one Quarters Sallery of the Pension which has been promis'd them yearly CONFORMITY Were the Charity of the Christians of this Age as great as was that of the Primitive Christians those who laboured in composing our Discipline had not been obliged to have made so many Rules to provide for the Maintenance of Ministers they would have found a sufficient propensity in the minds of their People to have contributed to their Necessities But this Charity being abated and the People being but too much inclined to pay those with ingratitude which labour for their Instruction it was expedient to multiply Laws to procure for them a moderate maintenance without the which a Minister cannot subsist XXXVIII And for the time to come doubting of miscarriage herein lest there should happen damage to the Churches Those elected to manage the Action of the Colloques shall inquire of the Elders of each Church what Allowance they make their Ministers and the care they take in administring what has been appointed to the end that by the Authority of the Colloques it might be remedied CONFORMITY The Ministers of the French Protestants living commonly on the equal contribution of their Congregations it became the wisdom of the Authors of their Discipline to remove all dissiculties which might retard or hinder these voluntary Contributions whereon depends their Subsistence having no stock for their Maintenance XXXIX When necessary support is refused to a Minister and that he hath made his complaints and applications and that three Months are elapsed it shall be lawful for the said Pastor to range himself to another Church by advice of the Colloque or Provincial Synod and in case of urgent necessity the Colloques or Synods may shorten the term of three Months and if necessity so require and that three Months are elapsed and that he continue unprovided altho the Minister has made his complaint to be set at liberty it shall suffice that he call into his Consistery the two adjacent Mimslers and shall not be bound to stay for the consent of any Colloque nor Synod unless one of those Assemblies were summon'd in the same Month to the which he may have recourse CONFORMITY Seeing that according to the Doctrine of Jesus Christ Those which Preach the Gospel shall live by the Gospel it cannot reasonably be refuted Minister to whom the Flock doth not apply necessary Subsistence I say one cannot refuse him the liberty of joyning himself to another which are more tender and grateful especially when he has nothing else to subsist upon It 's true this should not be done without the advice of his Superiors that is to say without consent of the Colloque or Provincial Synod which may dispose of his Ministry XL. Vpon the knowledg and judgment which shall be made of the ingratitude of the People upon the Minister's complaint all circumstances must be prudently weighed and as well principal regard shall be had to the poverty of the Churches as to the faculty and ways of him which makes the complaint the better to
follow what may most tend to the glory of God the Edification of the Church and the honour of the Ministry CONFORMITY In the main heed must be taken to do nothing in these occasions which may in the least prejudice the glory of God the Edification of the Church and the honour of the Ministry or that may offend the Laws of Christian Charity XLI The Church which shall be found ingrateful shall not be furnished with a Pastor until first of all she hath fully satisfied what she owes to him from whose service she is discharged CONFORMITY This Article is a consequence of the preceding ones and is founded upon Justice and Equity provided exact Judgment be made betwixt unableness and ingratitude the former deserving pity and compassion and the latter punishment and blame XLII Ministers that have some Rents and Goods may nevertheless take Wages of their Flocks it is even expedient they should do so for the consequence and to avoid the prejudice they may do to other Pastors and Churches But they shall be Exhorted to do as the necessity of the Churches and Charity shall require CONFORMITY The Ancient Canons do sufficiently authorise this settlement in distinguishing the goods of Bishops from those of the Churches the latter not being to be alienated whereas the Bishop at his Death might dispose of those which were his and if he disposed not of them by Will they of right appertain'd to his Heirs the Church not being permitted to trouble them on this occasion The 24th Canon of the Council of Antioch is formal in the case and so regulated the matter that afterwards there was no difficulty in the Case and I make no question but the Impostor that forg'd the Canons which go in the Apostles Names did borrow from that of Antioch the 4th of his which he a little alter'd to hide the fraud of his Imposture for he saith the Bishop has sometimes Wise and Children which are his Legitimate Heirs Neither do I make any doubt but the Fathers of the Council of Chalcedon had in their view the same Canon a little more than 100 years after the Synod of Antioch when they forbid the Clergy in the 22d Canon to dissipate the Goods of the Bishop after his Death and that they alledge the Ancient Canons which prohibit the same it is hereunto may be applied the 32d Canon of the African Code attributed to the Council of Carthage in the Year 419. However it may be it clearly appears by what has been said That Ministers which had any Goods of their own might nevertheless take the portion of those of the Church which by the Decrees of Councils were destinated for the support of the Bishop XLIII It shall not be permitted for a Minister to possess any Inheritance under the Title of a Pastor but if his Pension or any part of it were assign'd upon any Possession Rent or Revenue all shall be administer'd by the Deacons or other person appointed and deputed to this purpose by whose hands the Minister shall receive his Salary to take away all suspition of Avarice and to the end that by such sollicitudes he may not be hinder'd from doing his Office and Duty CONFORMITY St. Cyrill of Alexandria ordains something to this purpose in his Canonical Epistle when he saith That the holy Vessels and the immovables must be left to the Churches and leave to the Bishops which do the Functions of the Episcopacy the dispensation of the Expence which is necessary to be done whether it proceeds from the Revenues of Ecclesiastical Goods or from some liberality that comes from elsewhere The Council of Antioch had already ordain'd something of the same kind in the 25th Canon and since St. Cyril that of Chalcedon in the 26th XLIV The Church in whose Service a Minister dyes shall take care of his Widow and Children and if the Church be not able the Province shall provide for them CONFORMITY This Rule is in good measure grounded on Christian Charity and also on the acknowledgment a Church owes to the memory of a Minister dead in her Service to whom she is obliged to shew some marks of respect and kindness in the persons of his Wife and Children XLV Ministers shall be subject to Censures CONFORMITY All Pastors were subject to the Canons and by consequence to the Censures enjoined by the Canons it is a known Truth and which is not contested by those who have any knowledg of the practise of the Ancient Church Tom. 1. Conc. Gall. p. 27. The Council of Turin in the Year 397. in its Synodal Epistle saith They were Assembled to preserve the Blessing of Peace and the Decrees of the Canons and to apply a profitable remedy to Mens minds and in the 5th Canon speaking of a certain Priest called Exuperantius it saith He was deprived of the Communion of the Lord because he had done something against the Ecclesiastical Discipline Therefore it was Can. 1. that the Council of Chalcedon requires Tom. 1. Conc Gall. p. 490. that the Canons be observed which had till then been made by the holy Fathers and the Synod of Chalons upon Soan in the Year 650. enjoins all Men in the 2d Canon inviolably to observe the Decrees of the Councils Thence it is that the 4th Council of Orleans in the year 541. in the same Volume of French Councils speaks in the 37th Canon of the Censures which were made in the Synods to which also may be referr'd the 3d and 22d Canons of the Synod of Antioch and the 25th of that of Chalcedon and in the 4th of the 7th Council of Tolledo Anno Dom. 646. it is said expresly That if any Bishop be so inconsiderate as to violate the Decree of the Council the Censure and Punishment which the Fathers have enjoin'd Tom. 4. Concil p. 640. shall be inflicted on those which transgress the Canons XLVI The Office of Ministers is to Govern themselves and their Flocks great and small by the Word of God and Ecclesiastical Discipline but 't is also the Duty of the Magistrate to have inspection over all sorts of Men even over Ministers and to take care they behave themselves as becometh in their Vocation and if they fail therein the Magistrate shall warn them of their Duty by the Church Discipline in the Colloquies and Consistories else the faults may be punishable by the Laws the Administration whereof is in the Magistrate CONFORMITY Origen treats at large of these Duties of Pastors in several parts of his Works where he teaches how they ought to act in regard of themselves and in regard of those committed to their care towards whom they should not shew too much indulgence nor too much severity but open unto them the Gates of Heaven by their Doctrine and Example and not shut it against themselves by a disorderly and wicked Conduct But especially must be added what he saith in the 7th Homily upon Joshua which is in the 1st
Volume of his Works and in the 25th upon St. Matthew in the 2d Edition at Paris An. 1514. St. Basil lays down several Rules in his Morals for the Conduct of Pastors whom as he saith should be an Example unto others and do in the first place what they desire others should do Preach the Gospel with a holy freedom and bear witness to it although there might be some which forbid so doing and persecute to Death those which do it He will have them render God thanks for those which are converted and that they should pray to God for them to the end they may grow in grace dayly That they should have care not only of those which are present but also of the absent and that they should omit nothing which may tend to their Edification and Salvation desiring they would therein Exercise themselves constantly as well in publick as private He saith moreover That the Minister should be tender and full of compassion especially towards those whose Souls are mortally sick That he should charitably contribute to their bodily necessities without abusing his power to the prejudice of those under his Conduct and without exalting himself over them but rather take occasion to exercise humility towards them He adds in conclusion That he which is establish'd in the Church to be a Guide to others should neither say nor do any thing but with a great deal of prudence and circumspection to render himself acceptable in the sight of God as if he were to be approv'd by their judgment and testimony I could alledge several other Doctors of the Church to confirm the same thing but because what I have said is sufficient for establishing this Truth I proceed to the consideration of what follows in the Article which we Examine That it belongs to the Magistrate to have an Eye over Ministers and to take care they walk orderly in their Vocation c. The good Kings of Israel did so under the old Discipline obliging the Ministers of the Sanctuary to do their Offices and Religiously to perform all things which pertain'd to the Service of God under the Oeconomy of Grace the Examples of Constantius of Theodosius of Marcien's of Leo's and sundry others which have assembled several Councils for the benefit of Christian Religion and to preserve the Church from the Poison of Heresies and Schisms I say all these Examples do not in the least suffer us to doubt but that Princes and Sovereigns have right to supervise over Bishops and Pastors and are bound in Conscience to endeavour the advancement of the Glory of God and the preservation of his Worship in all purity And not to go farther than our France Who is there at this time but does know the diligence of our Kings on a great many occasions the many Councils they have Assembled and to many of them have prescribed the subject and matter of their deliberations which is an authentick proof and the Capitularies which we have still in our hands of Charlemaine of Lewis le Debonnaire and of Charles the Bald are also so many Authentick Evidences It was hereupon that Constantine saith in Eusebius â—â—b 4. de Vit. Const â— 24. l. 1. c. 44. That God had Established him Bishop that he should take care of things which passed out of the Church and in the same Treatise he is called The Common Bishop establish'd by God In the 6th Action of the Council of Chalcedon there is given to Marcien the Title of Sacerdos St. Remy calls Clovis the Bishop of the Country Tom. 1. Conc. Gall. p. 204. The Fathers of the Council of Mayence in the Year 819. calls Charlemaine The Director of the True Religion and the Defender of the Holy Church Which the 6th Synod of Paris in the Year 829. saith also of Lewis le Debonnaire and of Lothaire his Son It is also in all likelihood by the same motive that in the 98th Letter of Loup Abbot of Ferriers where there is mention of the promotion of Aeneas to the Bishoprick of Paris in the 9th Century The gift of the Prince is joyn'd to that of God As if one had been fully persuaded in France that the King was in God's stead in Establishing of Bishops Thence it is also that whereas Loup in the 29th Letter writes that Aldrich was made Bishop of Sens by the Command of Caesar the Frier Clarius in his Chronicle of St. Peter vif of Sens saith That it hapned by the Will of God To intimate that the Power whereof Princes were in possession was given them from Heaven it is the reason wherefore in the 2d Council of Thionville in the Year 844. it is said That Bishops are given of God regularly design'd by Princes they mean the Children of Lewis le Debonnaire and Consecrated by the Grace of the Holy Spirit In the Life of Nicetas who was Bishop of Lyons in the 6th Century it is observ'd That the good will of the Prince gave him by the Will of God to be Bishop to this Church XLVII Ministers that teach bad Doctrine shall be depos'd if they persist after having been several times warn'd also those which do not obey holy Admonitions given them by the Consistory taken out of the Word of God those also which shall lead Scandalous Lives those which shall be convinc'd of Heresies Schisms Rebellion against Ecclesiastical Order and manifest Blasphemies worthy of Secular punishment Simony and all corruption by Presents endeavours to have another's place forsaking their Flock without due leave and just occasion Falshood Perjury Adultery Theft Drunkenness Fighting worthy of being punish'd by the Laws Vsury Sports forbid by Laws and scandalous Dancing and other like dissolutions any crime having the mark of Infamy any Crime which should in another deserve separation from the Church and those which are insufficient to discharge their Office CONFORMITY The Truth of the Holy Trust committed to the Apostles and after them to their Successors has ever been so dear and precious to those amongst them which have been Followers of the Zeal and Piety of those first Ministers of the Son of God that they could not suffer it should be alter'd without severely punishing those which sowed Tares amongst this good Corn and especially Pastors whom they depos'd from their Office at the very instant that they taught Doctrines contrary to this Heavenly Truth When Paul of Samosatia Bishop of Antioch stir'd up by the Evil Spirit had the impudence in the 3d Century to teach That Jesus Christ was but meer Man the Ministers of the Gospel came flocking from all parts as against the Enemy and Destroyer of the Flock and Fold of the Lord but this Heretick having avoided the Sentence of his Condemnation in the first Synod held at Antioch against him in the 12th year of the Emperor Gallien and about the Year of our Lord 266. because he promis'd to change his Opinion he was at length depos'd in the Year 170. in another Assembly in 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
condemns all Simoniacal Ordinations and deposes as well him which gives as he which takes Ordination for Money and serves no better those which intermeddle in this filthy and shameful Traffick The 29th of the Canons attributed to the Apostles is set down in these terms That the Bishop Priest or Deacon that has obtained this Dignity by money be deposed with him that gave him Imposition of Hands and debar'd from the Communion There 's an infinite number of other Canons no less severe to those which expose to sale the gift which can't be sold nor valued as the Fathers of Chalcedon express it The Combinations which our Reformers condemn and under which they comprehend the support and favour of great men whose credit and recommendation may contribute to the promotion of some one these contrivances I say are forbid by the ancient Discipline St. Chrysostom condemns them highly in his third Homily on Chap. 1. of the Acts of the Apostles St. Jerome does the like in his Commentary on the first Epist to Titus Tom. 3. Concil pag. 757. Pope Hormisda in his 25th Letter to the Bishops of Spain follows the steps of these two Illustrious Writers Gregory the first in several places of his Writings forbids to confer Orders or prefer to Church-Offices by motives of favour or consideration for persons of Quality so 't is they express themselves in the 22d and 24th of the second Book in the 56th of the fourth in the fifth of the seventh and in the fiftieth of the ninth Unto all these testimonies may be added what he writes in the fourth Homily upon the Evangelists Lib 9 c. 17 lib. 1â— c. 25. and in his Moral Exposition of Job the 30th Canon of those which go in the Apostles Names is formal in the case If a Bishop employ the great men of the times to obtain a Bishoprick let him be deposed and deprived of the Communion with all those that are concern'd with him Tom. 1. Conc. Gall. p. 280. The Eleventh Canon of the Fifth Council of Orleans in the year 549 prescribes something of the same nature Quarelling and Violence which sometimes is of ill consequence are punished with deposition in the 65th Canon of the Apostles If any one of the Clergy having a difference with any other gives him a blow whereof he dies let him be deposed by reason of his rashness and too much passion And the 27th involves in the same punishment in general all those which fight and strike each other The ancient Discipline as well as ours deposed Ecclesiastical Usurers as appears by the 17th Canon of the first Council of Nice which plainly threatens with this punishment all those of the Clergy which shall be guilty of this Sin After the definition and prohibition of this great Synod to this Canon may be added the fourth of the Council of Laodicea though 't is not so positive and express the 44th of the Apostles is formal in the case The crime of Treason and Rebellion has not been omitted in our Discipline being it furnishes a just and more than sufficient cause of deposition If any one saith the 84th Canon of the Apostles offers to injure the King or the Prince let him be punished if he be of the Clergy let him be deposed and if a lay-person let him be Excommunicated As for deserting their flocks by Pastors forsaking them without license it is punished by the same punishment by the third Canon of the Council of Antioch in the year 341 and by the tenth and twentieth of that of Chalcedon There remains something to be said of Schism which commonly is attended with Rebellion against the Ecclesiastical order and with a disregard of Caveats and Remonstrances made to the Authors of these Partialities and Divisions by those who have right and power to do it The sixth Canon of the Council of Ganges in Paphlagonia assembled Ann. Dom. 325. or as I think much later has this Decree If any shall hold private Assemblies out of the Church and if out of contempt to the Church they undertake to do that which should be done in the Church only without so much as having a Priest by consent of the Bishop let him be Anathema The 31st of the Canons which go in the Apostles Names pronounces sentence of deposition against a Priest who despising his Bishop altho he has done nothing contrary to Justice and Piety if he makes Assemblies apart and raises Altar against Altar doing after this manner he manifests his Tyranny and Ambition it 's true he advises he should be warn'd three times before he is degraded The fifth Canon of the Council of Antioch is too remarkable to pass it under silence If a Priest or Deacon says it slighting his Bishop and separating himself from the Church makes a Congregation apart and raises an Altar and refuses to hearken to his Bishop when he recalls him and don 't prepare to please and obey him at the first nor second time that he calls him let him absolutely be deposed without any remedy for his evil nor recovery of his place and dignity and if he continue to stir up troubles and seditions in the Church let him be punished by the Secular power as a seditious person The first Oecumenical Council of Canstantinople in the year 381 employs its sixth Canon against those which endeavour to confound and overthrow the Ecclesiastical Order And the first Council of Ephesus assembled in the year 431 deprives of all power over the Bishops of the Province and from all Ecclesiastical Communion the Metropolitan who separating himself from the holy Oecumenical Synod has or shall adhere to the Council and Assembly of Apostacy and Rebellion and moreover declares him incapable of exercising any Office subjects him to all the Bishops of the Province and to all the Neighbouring Metropolitans which make profession of the Orthodox Faith and to inhance his punishment it degrades him from the Episcopacy One may add to this Decree the 3 4 and 5th Canons of the same Council Howsoever it be Rebellion and the contempt of Remonstrances which for the most part accompany Schism and Divisions did not find in the Discipline of the Ancients more kind entertainment than in ours seeing that after two or three Advertisements and Summons they proceeded as has already been seen to the degrading of obstinate and rebellious Clergy-men So it was done to Nestorius who was cited three times before he was condemned as is evident by the Acts of the first Council of Ephesus It was also the manner of proceeding used against Macarius Bishop of Antioch a Monotholite towards the end of the seventh Century In the Sixth Oecumenical Council held at Constantinople by the Emperor Constantine Pogonat or the * Great Beard Hairy and it may be said 't was the usual practice of the Church The 74th Canon of the Apostles explains it self at large for it orders when a Bishop shall be accused the Bishops shall summon
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
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
neighbouring Churches shall join together that at least there might be a maintenance for each Colloque and that rather than fail the 5th Penny of the Alms-money be set apart for this use if it may be conveniently done CONFORMITY It appears by the 14th Canon of the Synod of Epaum Assembled in the Year 517 That it was practis'd at that time just as our Discipline prescribes for it appoints to him of the Clergy that shall have received any Gratification and Present from the liberality of the Church wherein he liv'd that he should return it back again if he be advanced to be Bishop of another Church it appears to me this cannot be understood but of the assistance was given him during the time of his studies seeing that from the very moment any one entred into the Service of a Church he was to have his support and maintenance from it It was in this regard Theodolphus Bishop of Orleans permitted the Priests of his Diocess in the Year 797. to send their Nephews or some of their Relations unto the School he names which they shall like best there to be Taught and Educated There 's something like this in the Seminaries which the 2d Council of Toledo as 't were founded in the Year 530. and the 4th of the same place An. 633. Can. 23 or 24. Tom. 4. Conc. Page 588. Not so much as the Council of Trent but made a Decree in the 29th Session Anno 1563. for the Establishing these Seminaries Tom. 9. Conc. Page 409. cap. 18. V. In each Church there shall be appointed Propositions of the Word of God amongst the Scholars according as the convenience of the place and persons shall permit where the Pastors shall be present as well to preside as to direct and help the said Students CONFORMITY The Exercises here prescrib'd have no other scope but to fit and prepare Students in Divinity for Preaching and to put them in a condition to Preach the Gospel to Edification with profit which agrees very well with the Establishments of the Synods of Chalons and Meaux which we cited on the first Article CHAP. III. Of ELDERS and DEACONS ARTICLE I. IN those places where the Order of Discipline is not yet Established the Election as well of Elders as of Deacons shall be made as well by the common voice of the People as of the Ministers but where the Discipline is already established it shall pertain to the Consistory with the Pastors to make choice of the fittest Persons by ardent Prayers to that effect And the Parties shall be expresly nominated publickly in the Consistory and to those which shall be chosen the Office shall be read to the end they may know the business they are to be employed in If they consent to it they shall afterwards be nominated to the People two or three Sundays that so the consent of the People may also intervene and if there be no opposition the third Sunday they shall be publickly admitted by solemn Prayers they standing before the Pulpit and so shall be setled in their Office subscribing the Confession of Faith and the Ecclesiastical Discipline but if there be opposition the Matter shall be decided in Consistory and if it cannot be there determin'd the whole shall be transmitted to a Colloque or Provincial Synod CONFORMITY Having treated of Ministers and the Schools where they ought to study to attain to the Office of the Holy Ministry it follows in order to speak of those which partake with them of the care in Governing the Flock That is of Deacons and Elders which amongst us are Secular persons serving in the Church and distinguished from Ministers or to speak with the Fathers from the Clergy it is then of these two sorts of Persons and of their Election that I am to treat in examining this Article according to the design and intention of the Compilers of our Discipline I 'll begin with the Deacons which as every body knows are of Apostolical institution In effect we find in the 6th Chapter of the Acts That the Apostles giving themselves up wholly to the Preaching of the Gospel they desir'd the Church of Jerusalem to chuse out certain persons of good repute for Wisdom and Piety that they might commit unto them the care of the Poor which they express by serving of Tables that by this means they might the more conveniently attend to Prayer and Preaching of the Word St. Chrysostom observes on this place that this was the first establishing of Deacons the very name not being till then known that is in the Christian Church as for the Jewish Church they had their Deacons as Epiphanius writes in the Heresie of the Ebeonites which is the 30th they were called Azanites and thence probably 't was that the Apostles took the Original of Christian Deacons and they called them so because they served at Tables and at the distributing of Money to the Poor It was to that time those which followed St. Chrysostom and wrote of the first institution of Deacons writing on the Acts of the Apostles as Beda and Orcumenius have refer'd it As for Lay-Elders such as ours be I do not find their institution in Scripture as that of the Deacons is found as for the Elders of the Christian Churches whereof there is mention made in several places in the New-Testament I am fully persuaded that by them is to be understood Pastors themselves which were called indifferently Elders or Priests and Bishops I do not except that famous passage chap. 5. vers 17. of the 1st Ep. to Timothy It is certain that these Elders were all of the same Order that is to say They were all Pastors but because there were several in the same Church and that some were sitter for Preaching the Word than others they gave them different employments according to the diversity of Gifts in my judgment there needs no other proof of this Truth than the right of Precedency which St. Paul attributes indifferently to all which he would not have done had they not been all of one Order the Greek word also which he uses ordinarily imports a precedency which is due only to Pastors which the Ancients frequently design by this name particularly Justin Martyr But notwithstanding this I make no question but the Original of our Elders is very Ancient and that it approaches very near to the Apostles days if they be not rather themselves the Founders of them and what confirms me in this Opinion is that they establish'd in the Church a Government like that of the Synagogue a Christian Presbytery instead of a Jewish one and as there were Elders amongst the Jews which had share in Governing the Synagogue it is very probable that there were also Elders amongst the Christians People which had part in that of the Church if not at the very first birth of Christianity at least there was as soon as the number of them was increased in so great a manner for then it was
there was need of establishing this sort of Government I have spoke of and of which the Holy Pen-men have not mentioned the time of its settlement because it may be they had no particular occasion of doing it as St. Luke had of writing the History of the Institution of Deacons which probably might also have been unknown to us if the murmuring of the Greeks against the Jews because their Widows were neglected at the ordinary Service had not oblig'd him to transmit it in writing However it be That it may not be imagin'd I only insist on meer conjectures and conjectures utterly destitute of the Authority of Tradition I 'll produce the formal Testimony of Hillary Deacon of Rome a Writer of the 4th Century who speaks in this manner In 1 Tim. 5. 1 2. apud Ambrose Tom. 3. p. 582. The Synogogue and the Church afterwards had Elders without whose advice nothing was done in the Church and I can't tell by what negligence the same has been abolish'd if it be not probably by the slothfulness of Doctors or rather through their Pride to make it be believ'd they are some-bodies It appears plainly by these words of the Deacon Hillary That the Church had her Elders as well as the Synogogue and that very early she began to make use of them when he began to write his Commentaries on St. Paul's Epistles for he complains of the abolishing this holy Custom which in all likelihood held a considerable time after its first institution and in the very place it self where it was extinct by the negligence and malice of vain and ambitious Men which doth justify as I take it what I have said of its Antiquity that is to say That the first establishing of it was by the Apostles or at least by their immediate Successors if it were so that we could not find the Footsteps in the Monuments of Ecclesiastical Writers that immediately followed the Age of the Apostles Nevertheless who knows but Claudius Ephebius Valerius Biton and Fortunatus which St. Clement Disciple of the Apostles sent to the Church of Corinth with the Excellent Letter which he wrote to appease the troubles wherewith it was agitated who I say can tell but they were of those Elders whose original Institution we seek for for he says nothing at all which may induce us to think they were either Pastors or Deacons Moreover in the third Century Firmillian Bishop of Caesaria in Cappadocia and one of the most celebrated Prelates of his time makes mention of Elders which he joyns with Pastors for the treating of affairs which concerned the good and edification of the Churches Seniores Praepositi Apud Cypri pag. 144. Optat. l. 1. p. 41. Par. 1631. We meet together saith he every year Elders and Ministers to settle and order matters committed to our care and with common consent to treat of the weightiest and most important affairs About fifty years after Mensurius Bishop of Carthage having received orders to follow the Emperor's Court he committed to the trust of certain Elders saith Optatus of Milvetan several Ornaments of Gold and Silver which appertained to the Church But afterwards he made a Note of them which he gave to an old Woman with orders to give it to his Successor if it hapned that he died in his Journey as it fell out he did so that Cecilian having been Established in the place of Mensurius the Woman failed not to give him the Note she had by vertue of which he called for those Elders to whom Mensurius had committed this trust in the belief he had that they were good honest men but these perfidious persons willing to satisfie their own covetous desires converted the Gold and Silver to their own private uses Cecillian was frustrated of his expectation and as he was going about to compel them they rent from the Communion of the Church a good part of the People and began the Schism of the Donatists which prov'd so destructive to the Churches of Africa And what invincibly proves they were Lay-Elders like ours is that Optatus expresly distinguishes them from Botrus and Celesius which were of the Clergy of the Church of Carthage and who not attaining to the Degree of Bishops to which their ambition made them aspire they herded with these corrupt Elders together with Lucilla a factious and powerful Woman who of a long time endeavoured the ruin of Cecilian See here already sufficient Arguments of the truth of the matter we examine nevertheless because many do imagin that our practise in regard of Elders is new and unknown to the ancient Church it will not be amiss to insist a little longer on this subject and to alledg farther proofs the better to establish the Antiquity of the practise which we defend I 'le begin with the Acts of Justification of Cecilian and of Foelix of Aptonge his Ordainer which are at the end of Monsieur de Laubespine Bishop of Orleans his Notes on Optatus Bishop of Mileva in Numidia In these Acts which are ancienter than the Council of Nice there are several things which directly regard our Subject as what is said on occasion of Money given by Lucilla a Woman of Quality to have made Majorinus Bishop Pag. 268. That all the Bishops the Priests the Deacons and the Elders had knowledg of it And some lines after a Bishop called Purpurius writes to Silvanus Bishop of Cirthe who was accused of several things To employ those of his Clergy and the Elders of the People which are Ecclesiastical persons to the end they might give an account of the nature of these dissentions and in the following page there is mention made of a Letter writ to the Clergy and to the Elders and six pages after one Maximus saith Pag. 276. Inst I speak in the name of the Elders and Christian People of the Catholick Law St. Tom. 7. Pag. 191. c. 56. Tom. 2. p. 250. Austin in his third Book against Cresconius speaks of a stranger Priest and the Elders of the Church of the Country of Mâ—slitan The Title of his 137th Letter is conceiv'd in these terms To my beloved Brethren the Clergy thâ— Elders and all the People of the Church of Bonne Tom 8. in Psal 36. Conc. 2. p. 119. Extr. or Hippone whom I serve in the Love of Jesus Christ There is in this same Father's Sermons on the Psalms a Synodal Letter of the Cabarsussitan Council which speaking of Primian the Donatist saith He was given to be Bishop to the People of Carthage according to the request made of the Elders of the Church by Letters And in the next Page there is again mention made of Letters and Deputies of the Elders of the Church In the Nineteenth Sermon on the words of our Lord which is the third in the Appendix of the 10th Tome he makes appear wherein consisted one part of the Duty of their Employments The 100th Canon of the African Code attributed
to the Council of Carthage in the year 407 speaks three several times of the Elders at Nova Germania and because there had been some difference betwixt this Church and Maurentius its Bishop and that nevertheless the Elders deputed in this affair to the Synod appeared not the Council assigned to Maurentius the Judges he desired and left to the choice of the Elders tho absent the nomination of those that should be needful to compleat the number and what is very remarkable in this conjuncture is that these Elders defended the right of the People which were the Bishops opposite party who complained of their outrage and calumnies What I have hitherto writ does clearly shew that when the Deacon Hillary complained that the use of Elders was abolished he had a regad to Italy where it had indeed hapned in sundry places though the same practise continued elsewhere as I have justified by many Examples after the time in which this Roman Deacon wrote I now proceed on farther and do say this custom was not extinct in France and Sicily at the end of the Sixth Century I say first of all in Sicily for Pope Gregory the First writ to John Bishop of Palermo Tom. 2. lib. â—1 Ind. 6 Ep. 49. p. 1083 and recommends two things to him one was To establish a Receiver by consent of the Elders and Clergy to give an account yearly to take away all suspition of fraud The other was not to give easie credit to reports that might be made to him of his Clergy but carefully to examine the truth in presence of the Elders of his Church I say in the second place this same practice was observed in France In effect Gregory of Tours has transmitted to us the Letter of an Assembly of Bishops held at Poictiers by the King's Command to take course about the disorders of the Monastry of St. Radegonda Hib. l. 1â— c. 16. and in this Letter the Abbess confesses amongst other things that she received Earnest for the Marriage of her Neece which was an Orphan that she received it in presence of the Bishop the Clergy and the Elders And in the year 585. King Goutran makes express mention of the Elders of the Church which he distinguishes from the Clergy in the Edict which he addresses to the Bishops and Judges of his Kingdom Tom. 1. Conc. Gall. p. 391. I can't say but Agobard Bishop of Lions in the ninth Century might design these same Elders Lib. de Jure Sacerd pag. 135. Tom. 2. when complaining of Persons of Quality that abused Priests they had in their Houses He saith That by reason of these Domestick Chaplains They forsook the Churches the Elders and the publick service Now it follows I must treat of the form and manner of Electing our Deacons and Elders The Establishment I examin distinguishes the places where the Discipline is not yet setled from those where it is already received in the former it requires Election should be made by the Votes of the People and Pastors In the other it appoints that nomination shall be made in the Consistory and that it shall be signified to the People to have either their consent or their refusal because their Establishment depends on the liking and approbation of the People the nomination made in the Consistory no way depriving the People of their Right seeing the most part of those which do it that is to say the Elders and Deacons do represent the People and are invested with its power and rights It is therefore of the People either mediately or immediately that depends the Establishing of Elders and Deacons amongst us And herein our Discipline has Religiously followed the practice of the holy Apostles who referred to the liberty of the People the Election of the Seven Deacons the History whereof is mentioned by St. Luke in the 6th Chap. of the Acts. And 't is not only in regard of Deacons the Apostles proceeded in this manner they would also that the whole Church of Jerusalem should have share in Establishing Matthias Acts 1. who by common consent was added to the Number of the Eleven Apostles and when they Ordained ordinary Pastors doubtless they did it by the advice of the Assemblies of the People to the conduct of whom they intended to commit them Which example the succeeding Christians imitated very exactly as we have made appear on Artic. 4. of the first Chap. Our Discipline does not therefore prescribe any thing as to what regards the Election of our Elders and Deacons but what is very conformable to the practice of the Apostles and to that of the Primitive Christians in short if in the first Ages of Christianity the People had a good share in the Vocation of Ministers of greater reason had they in Establishing of Elders which were if it may be so said the Executors of their Will and the dispencers of their Rights And if our Ministers by the ninth Article of the first Chapter are obliged to sign our Confession of Faith and Ecclesiastical Discipline agreeable to what was practiced in the Primitive Church it cannot be thought strange that we should also oblige our Elders and Deacons to sign them because they make up one body with the Ministers of each Church and do partake with them of the conduct of the same Flocks II. Hence forward as much as possible may be avoided there shall not be elected for Elders and Deacons of the Church those which have Wives contrary to the true Religion according to the saying of the Apostle Nevertheless that the Church may not be deprived of the labour of several good persons who by reason of the ignorance of past-time have Wives of a contrary Religion they shall be dispensed withal for the present necessity provided they shew their readiness in instructing their said Wives and in desiring them to joyn themselves to the Church CONFORMITY Having established as we have done the first Article this has no difficulty in it for St. Paul requires 1 Tim. 3. That Deacons should hold the mystery of the Faith in a pure Conscience He also requires That their Wives be faithful in all things and by consequence in those of Religion and Piety which should be the only Religion of Jesus Christ both in Husband and Wife to avoid the great inconveniences which happen by diversity of Religions which Tertullian represents very well to his Wife in the Second Book he wrote to her III. The Office of Elders is to have care of the Flock with the Pastors to take care the People come to the Assemblies and that every one frequent the holy Congregations to give notice of misdemeanors and scandals to take cognizance and judg of them with the Pastors and in general to have care with them of all such like things which concern the Order Support and Government of the Church so that in each Church there shall be a form of their office in writing according to the circumstance
justifie the Prohibition here made them of Preaching the Word of God and administring the Sacraments because they were not thereunto appointed as Oecumenius has observed on Chap. 6. of the Acts of the Apostles the words whereof we have alledged in examining the precedent Article I know very well that Philip one of the Seven Deacons established by the Apostles Preached the Gospel but I say it was not in quality of a meer Deacon that he Preached but by vertue of a particular vocation whereby God made him a Herald of his Grace and a dispencer of his Mysteries therefore he is qualified with the Title of Evangelist in the 21. Chap. ver 8. of the Acts Act. 21.8 I do not here mention his Preaching Christ at Samaria after the great Persecution raised against the Church of Jerusalem upon the death of St. Stephen because he did nothing therein but what the others which were scattered abroad did elsewhere by vertue of a general vocation which each Believer has right to exercise at certain times and in certain places As for Baptizing and instructing the Queen of Aethiopia's Eunuch Ibid. the Sacred History informs us that Philip had an express command by the Ministry of an Angel to do it In the Primitive Church a Deacon was not permitted to Preach the Word whilst they were Deacons they must at the least pass from the Order of Deacon to that of Priesthood to be qualified to Preach I said at the least for if in the East Priests were suffered to Preach it was otherwise in the West where Bishops only performed that function for several Ages The first Priest that Preached publickly in Africa was St. Austin by the power granted to him by Valerius his Bishop who was by Birth a Grecian which was found to be irregular because 't was contrary to the use and practice of the Churches of Africa as is observed by Possidonius in the Life of St. Austin If amongst us there 's found a Deacon that was capable and had a desire to exercise the Ministry he was made to pass from one degree to another and then might Preach the Word and administer the Sacraments whereas Deacons were not instituted at first to do the one nor the other In effect if their first Institution permitted them not to Preach neither did it suffer them to administer the Sacraments for these two commonly go together so that if prohibiting them Preaching they were afterwards in process of time suffered to administer the Sacraments besides that things which were joyned together were separated they passed beyond the bounds of their Vocation Thence it is that Oecumenius a Writer of the tenth or eleventh Century which I already have cited several times Ubi supra confesses that the Deacons of his time were quite different from those established by the Apostles and an Order quite another thing than the first In the days of Justin Martyr Apolog. 2. that is to say in the second Century the Deacons distributed the Bread and Wine of the Sacrament after being Consecrated by the Pastor which in all likelihood proceeded from a false Interpretation given of these Tables for the service of which Deacons were appointed for they were not Eucharistical Tables but common Tables where distribution was made of things necessary for the Maintenance of Widows and Orphans and other poor People and where perhaps Christians made their Feasts of Charity which for a time was practised in the Church Tertullian something later than Justin Martyr De Coron c 3 p. 102. testifies the Eucharist was received only from the hand of those which presided that is of Bishops and Pastors in all likelihood 't was at that time the practice of the Churches of Africa and a custom which was not observed in all places The third Canon of the Council of Ancyra in the year 314 suffers Deacons which have done nothing unworthy their degree to distribute both the Symbols But in the same year the Council of Arles prohibits them in the 15th Tom. 1. Conc. Gall. Ibid. Canon by that term to offer which he emplies is taken to administer according to the Explication which is given it by the 15th Canon of the second Council of Nice on the same place The year 462 the great Council of Nice forbids them simply to give the Eucharist to Priests Can. 18. The 25th Canon of that of Laodicea seems to forbid them absolutely to distribute the Bread and the Cup It ought not to be that Ministers saith the Council should distribute the Bread nor that they should bless the Cup. At that time the term of Ministers implied commonly the name of Deacons but in the Canons of this Council it denotes a more inferior Order viz. Subdeacons In conclusion it must be granted that we have innovated nothing in the Deaconship and that our Deacons have always kept within the just bounds of their first Institution which was to serve at Tables and to take care of Widows as St. Jerome observes in his 85 Epistle VI. The Elders and Deacons may be present at the Lectures and Propositions of the Word of God made by Ministers besides the ordinary Preaching Or by those made by young Students and even at the censures made there and give their advice thereon but the decision of the Doctrine is principally reserved to Ministers and Doctors in Divinity duly called to their Offices CONFORMITY Besides the usual Sermons Ministers Preach in the Churches they were wont to Preach by turns in the Colloques they held several times a year and those Exercises were called Propositions much like to those our young Studens in Divinity are wont to make to fit them for Preaching therefore these kinds of Exercises are subject to the Censures of those before whom they are made for they were instituted to judge of the Progress which Ministers as well as Students did make in their Studies and because there are Deacons as well as Elders that sometimes are present either in the Colloques in the quality of Deputies or in the Consistory whereof they are Members they are permitted to speak their opinion which ought not to be thought strange after all which has hitherto been said by the Ancients seeing also the decision of Doctrines is reserved to the Ministers VII The Office of Elders and Deacons as it is at present used amongst us is not perpetual nevertheless inasmuch as 't is prejudicial to change they shall be exhorted to continue in their office as long as may be and if they will be discharged it cannot be without consent of their Churches CONFORMITY The setling of Elders and Deacons depending of the will of the Church in which originally lyes all the Right and Power of Government and the Church not having thought convenient to make these Employments perpetual fearing it might not find persons that would accept them for life she hath yielded to those which accept of them the liberty to be discharged provided they do
be injustice to refuse it to the Christian Church seeing also Jesus Christ her Head and Spouse has commanded us in his Gospel to look on him that refuses to hear the Church as a Pagan and Heathen that is to say Matt. 18.17 he will that he be cast out of the Church or that he be Excommunicated which amounts all to one thing St. Paul has expressed this action by delivering over to Satan 1 Cor. 5.5 1 Tim. 1.20 unless one will say that there was something more in St. Paul's Excommunication than in that designed by Jesus Christ in the Gospel However it be the Governours of Churches strengthned by the command of the Lord Jesus and by the Example of his Apostles have always Exercised this Ecclesiastical power against enormous and scandalous sins Tertullian and Origen have shewn on the fifteenth Article That it was the practise of their times which is also verified by the places I have cited out of the same Origen on the precedent Article and by another of Tertullian's who writes in his Book of Pudicity Chap 4. that these sinners should be driven away from the Inclosure of the Church and the place of the Assembly and this was the great and true Excommunication whereas the other was only a privation from the Sacraments To these two Witnesses we may joyn St. Cyprian Contemporary with Origen who very often in his Epistles makes mention of this Censure Ep. 28.38 55 62 of the last Edit when he speaks of removing from the Communion of not Communicating with some one to banish and to cast out of the Church to condemn by the mouth of the Pastor to kill with the Spiritual Sword And other Expressions he uses to declare the same thing The tenth of the Canons attributed to the Apostles does not suffer us to be ignorant of this ancient Discipline Seeing he Excommunicates him that prays with an Excommunicated person in the House only I 'le inlarge no farther seeing one must make a Volume if one would collect all the Canons and Testimonies of the Fathers which treat of Excommunication and more also should one treat of the History of Interdiction which Popes to render their Power more formidable have sent abroad in these last Ages contrary to the use and practise of the Primitive Church to which they were utterly unknown As for the Order which is to be followed according to our Discipline before debarring a sinner from the Communion of the Church besides that it is grounded on the Laws and Precepts of Charity it is also conformaable to the practise of the Primitive Christians Hom. in Jos Tom. 1. p. 185. who by Origen's report reproved and warned the guilty three several times before they came to this last Extremity Thence it is also the same method was observed when there was any mention of deposing an Ecclesiastical Person because in sundry occasions the same faults which deserved Deposition of a Church-man was punished with Excommunication in a Secular as appears by divers Canons particularly by the sixth and seventh of the first Oecumenical Council of Ephesus where we find these words If they are Bishops See the Can. 8 17. of the Counc of Calced or others of the Clergy which are deposed the Bishops from Episcopacy the others from the degree they-held in the Clergy from whence they are quite excluded but if they are Lay persons let them be Excommunicated And we have made appear on the 49th Artic. of Chap. 1. that a Bishop was cited three times or any other Ecclesiastical person before proceeding to his deposing I don't insist on the form of Excommunication repeated after the Article on which I have made the necessary remarks because 't is in the liberty of the Church in such like occasions to make use of what terms it shall judge most fitting provided that in the main it don't depart from the bounds which the Gospel does prescribe nor from the Example of the Holy Apostles Neither do we see that in the Primitive Church they were confined to the use of a sorm of words when any one was Excommunicated those which condemned Sinners to that punishment having been always Masters of the form and manner of Excommunication which is always the same in substance what variety soever there may be in the form wherein it is conceived XVII For the future all Sentences of Excommunication confirmed by the Provincial Synod shall continue firm as also all Sentences of Suspension from the Lords Supper given by the Consistory the which not being published to the People shall hold good altho the party suspended appealed to the Colloque or Provincial Synod CONFORMITY There 's nothing in this Article but what is very conformable to the ancient Discipline according to which each Church had power to inflict throughout the whole extent of its Ecclesiastical Jurisdiction the necessary punishments and Censures against all sorts of offences so that when a Bishop had Excommunicated any one none but the Synod of the Province could take off the Excommunication as there was none but the Synod of the whole Diocess which comprehended several Provinces which could reverse the Sentence of a Provincial Synod Therefore 't is that the Sixth Canon of the first Oecumenical Council of Constantinople the 9. and 17. of that of Chalcedon suffers to appeal from the Bishop to the Provincial Synod and from the Provincial to that of the whole Diocess of which we have a resemblance in our National Synods XIX Those which have deserted the profession of the True Religion to embrace Idolatry if they persist in this Apostacy after means used to return them to the flock they shall publickly be declared Apostates to wit those who lately shall turn to be such unless the Consistory shall think such a publication to cause some notable damage and prejudice to the Church in which case nothing shall be done but by advice of the Provincial Synod As for those which of a long time shall be revolted the execution of this publication is refer'd to the discretion of Consistories CONFORMITY In the Primitive Church Idolatry and Apostacy were in several places excluded from pardon and absolution Tom. 1. Conc. p. 232 236. Tom. 1. Conc. Gall. p. 8. during the two first Centuries of Christianity as is made appear by the first and 46. Canons of the Council of Eliberi assembled Anno Dom. 305. and by the last of the first Council of Arles in the year 314 but it also appears by these same Canons that bare Apostacy was not without hope of being pardoned by the Church but only when it was accompanied with Idolatry which the ancient Christians looked upon as the blackest of all crimes Paran ad Poen Tom. 3. Bib. Pat. pag. 71. and the most heinous of all sins But the great Council of Nice removed this difference in the 11th Canon and made them all hope to find absolution in a certain time as well Idolaters as meer Apostates
and Deserters but this Decree was not so soon observed in all places as may be gathered from the Writings of St. Pacian Bishop of Barcelona who writ after the sitting of this Council and it may also be said that before the middle of the third Century bare desertâ—rs were not received into the bosom of the Church but they were still left under the labour of Penance without any hope of Absolution no not so much as at the hour of Death it was at least the practise of most of the Western Churches Tertullian in his Treatise of Pudicity Cypr. Ep. 52. cum 14 31. and St. Cyprian in some of his Epistles suffers us not to call in question the use of this hard and severe Discipline no more than the mitigation which was begun to be used in it at that time at Rome and in Africa XX. In publick offences that is to say committed in effect and known to a great many of the People the restoring of the sinner shall be made by the publick acknowledging his fault tho he had been punished by order of the Magistrate CONFORMITY In the Primitive Church the restoring of a Scandalous Sinner was not done but in presence of all the People by the Imposition of Hands which was accompanied with Prayer and the better to understand the nature of this Discipline it is to be observed that three sorts of Imposition of Hands was used to Sinners whose Sins were punished according to the Laws of publick Penance by the former they were admitted to do Penance after having demanded it Let the Penitents saith the Council of Agde in the year 506. Tom. Conc. Gall. p. 164. Can. 15. receive the Imposition of Hands at the time that they desire to do Penance The second was not practised one time only as the first but often during the whole time of Penance for as often as the Church assembled to attend the Exercises of Piety and Religion they were made go out as well as the Cathechumeny before the celebrating of Divine Mysteries but after the Bishop imposed his Hands and Prayed on the one and the others separately so it is we find it by the 19th Canon of the Synod of Laodicea See 4 Conc. of Carth. Can. 80. Tom. 1. Conc. Toletan 3. c. 11. Tom. 4. p. 504. An. 589. It is requisite saith he after the Homilies or Sermons the Bishops make Prayers separately first on the Catechumeny and these being gone forth Prayer must be made on those which are under Penance and after the Penitents have been under the hands of the Bishop and that they are withdrawn the three Prayers of Believers must be made The last was destin'd for the publick reconciliation of Sinners after they had accomplished all the time of their Penance and that they had passed through all its divers degrees Therefore the 3d Canon of the 1st Council of Orange in the year 441. calls this Imposition of Hands Tom. 1. Conc. Gall. p. 71. The imposing of reconciliatory hands because God was beseeched that he would pardon these Penitent Sinners and that he would reconcile them to God and his Church The 78th Canon of the 4th Council of Carthage calls it simply The Imposition of Hands Tom. 1. Concil p. 730. without which it will not so much as have sick Penitents to be Absolv'd in case they recover although they had receiv'd the Sacrament during their Sickness Pope Leo I. calls it the Door of Reconciliation in his 41st Epistle to Theodorus XXI Seeing Adultery brings a mark of Infamy especially on Women the Publishing such Offences is refer'd to the discretion of Consistories CONFORMITY St. Basil in his Canonical Epistles has prescribed something of this kind Ep. 2. Can. 34. Tom. 3. p. 32. Our Fathers saith he have forbid to publish that is to say to make known to the People the Women guilty of Adultery whether they confessed it by a movement of Piety or that they were in some sort convinced of it for fear that being Convicted we should expose them to danger of Death But they have appointed that they should be deprived of the Communion until such time as they should accomplish the time of Penance XXII Publick acknowledgments are not to be made but in person and the Sinner shall give testimony of his Repentance CONFORMITY What we have alledged on the 20th Article ought to serve as a Commentary on this seeing it was the Sinner in person which was publickly reconciled to the Church after having fully satisfied the Laws of Penance XXIII The Sinner which has been Suspended from the Lord's Supper by the Consistory and that the Suspension has not been declar'd to the People shall desire of the Consistory to be restor'd and shewing signs of Repentance shall there be restored without making publick acknowledgment CONFORMITY This Article is also very conformable to the practise of the Primitive Church which opened not the door of reconciliation in presence of the People but only to Sinners which were in publick Penance and publickly deprived of the participation of the Sacraments as evidently appears by what I have hitherto said As for other Sinners whose faults were not publick they were treated in a gentler sort and proportionable to the sins they had committed XXIV But him whose Suspension had been declared after his Repentance had been known to the Consistory by good Living and sufficient Testimonies he shall publickly be reconciled to the Church in acknowledging his offence CONFORMITY This Article being in substance the same with the 20. the Reader may see what we have observed on that it being needless to speak to this XXV Those who by their obstinacy and hardness in their faults have been cut off from the Church shall not slightly be reconcil'd to the Church but after a good and long proof of their Repentance they shall be heard in the Consistory and if they desire to be receiv'd into the bosome of the Church acknowledging their faults proclamation shall be made to the People to stir them up to pray and bless God and sometime after they shall be presented to the whole Church to confess and detest their faults and past rebellions demanding Pardon of God and his Church and so shall be reconciled with Joy and Publick Prayers CONFORMITY The Ancient Christians were wont to keep Sinners under Penance more or less according to the nature of the Crimes whereof they were guilty all the Canons which treat of this matter confirm it and one may only read them to find this difference the time of Penance of some being incomparably longer than of others because their Sins were more enormous and heinous and as to be hardned in Sin makes it more criminal so also they failed not to augment the punishment in prolonging the time of Penance sometimes even to the hour of Death even after the time that some mitigation had been made to the first Discipline in regard of some Sins which in
to the Antient Custom this being referred to the discretion of Provinces and there the Ministers shall meet with one Elder of each Church CONFORMITY Our Colloques do in a manner agree with the Diocesan Synods of each Bishop Tom. 1. Conc. Gall. like that of Anacharius Bishop of Auxer in the year 578 or to the Assemblies of some Neighbouring Bishops to decide the Differences which hapned in the adjacent Parts it is to what do amount the Cannons 11 20 28 125. Of the African Code of Mr. Justel However it be it appears by the 100 Cannon of the same Code that the Ecclesiastical Elders and of the Order of Layicks assisted at these sort of Judgments Apâ—d Cypr. contral p. Steph. pag. 144. I know not but Firmillian Bishop of Cesaria in Cappadocia had this Custom in his mind when he wrote to St. Cyprian We do meet every Year Pastors and Elders to regulate the things committed to our care II. Such Assemblies and Colloques shall be held to consider and compose Differences which shall happen in the said Churches as is appointed by the Discipline and generally to provide for what shall be known to be Expedient and Necessary for the good and support of the Churches CONFORMITY To this Second Article may be apply'd the Cannons of the African Code which I cited on the first and also joyn thereto the Fifth Cannon of the Council of Nice by which we find that one of the Motives of the Convocation of Ecclesiastical Assemblies was to appease Differences and to preserve Unity and Concord The Twentith of the Synod of Antioch tends to the same end III. There also Ministers shall Preach the Word of God every one by his turn to the end it may be known what care every one takes in exercising himself in the Study of the Holy Scriptures and in the Method and Form of treating of it CONFORMITY Ministers being Established for instructing of their Flocks it is the Duty of their Superiours to take cognisance of their Conduct and of the progress they make in the Study of Divinity and because it may be judged by their Preaching our Discipline has very well appointed That Ministers shall Expound the Word of God every one by turns in the Colloques IV. The Authority of Colloques is inferiour to that of Provincial Synods as those of Consistories are to Colloques CONFORMITY It appears by the 21 and 125 Cannons of the African Code that Appeals might be made from the Judgment of Neighbouring Bishops whose Assemblies were much the same of Colloques It appears I say that Appeals might be made to the Councils of Africa or to the Primates of their Provinces And it was by the Establishment of the same Discipline That Appeal was made from a Provincial Synod to a greater Synod such as was the Council of all the Provinces of a Diocess It is just what is prescribed by the Antient Cannons as the XII of Antioch the VI. of the first General of Constantinople the IX and XVII of that of Calcedon V. The Colloques and Synods shall deliberate of limiting the Extent of Places wherein each Minister shall Exercise his Ministry CONFORMITY This Establishment is also very conformable to the Antient Discipline of Christians according to which the Synod took cognisance of the Jurisdiction of Bishops and of its Extent as also of the places where they were to Exercise their Ministry from thence proceeds all the Prohibitions made them of undertaking nothing without the bounds prescribed them as has been shewn on the first Chapter VI. At the end of the Colloques amicable and brotherly Sensures shall be made as well by the Pastors as the Elders which shall be there present of all things which shall be thought fit to represent to them CONFORMITY The Fourth Council of Orleans in the Year 541. made a Rule like this in the 37 Cannon which requires that Metropolitans should once a year assemble their Synods to the end that whilst the Brethren are assembled the needful Sensures should be made with Charity which is also verified by the principal Motive of convocating this Assembly which was as I just now said to determine all Differences and to appease all Quarrels and Contests CHAP. VIII Of PROVINCIAL SYNODS ARTICLE I. IN each Province the Pastors of each Church shall assemble once a Year or twice as they may which is referred to the Prudence and Discretion of the Synod CONFORMITY Christians have ever esteemed Synods so necessary that they have been very careful to assemble them when the good of the Church required it for as Eusebius saith in the 51 chap. of the Book of the Life of Constantine Great Controversies cannot be determin'd but by Synods At the beginning and even during the heat of Persecution when there arrived any trouble in a particular Church all the others concern'd themselves in it and the Ministers by a meer movement of Charity and without any form of Convocation assembled of themselves to make Peace and to compose Differences And in these Assemblies Humane Passions being banished and Jesus Christ there presiding by his Holy Spirit they consulted together and resolv'd without Ceremonies and Formalities what was expedient It is much after this Method they proceeded against Paul of Samosatia Bishop of Antioch when he had published his Impiety Euseb Hist lib. 7. c. 27 28 29. the Pastors of Churches as Eusebius saith being run thither from all parts as against an Enemy which destroy'd the Flock of Christ And I can't tell if the Synod of Iconia in Phrygia mentioned by Fermillian Bishop of Caesaria in Cappadocia was not of the same kind of those held against Paul of Samosatia in the same Century Apud Cypr. contr Ep. Steph. p. 146. for he saith they were assembled in that place from Gallacia Cilicia and other adjacent Provinces to confirm what had already been concluded touching the reiteration of the Baptism of Hereticks But what Bishops did at first by a principle of Charity they were in time obliged to do also by Duty the Cannons requiring it of them In effect the V. Cannon of the First Council of Nice appoints to hold Synods twice a year in each Province The Twentieth of the Council of Antioch renews the same Decree and thence it is undoubtedly that him which forged the Cannons of the Apostles borrowed the 37 which contains the same Establishment The Nineteenth of Chalcedon having complained that in the Provinces was not celebrated the Synods prescribed by the Cannons it appoints they be held twice a year conformable to the Decrees of the Holy Fathers There 's a number of other Cannons which prescribe the same thing and which I forbear to alleage to observe two things which concern the matter which we examine the first that Auitus Bishop of Vienna in Dauphine which flourished about the end of the V. Century and at the beginning of the VI endeavour'd to restore the Antient Custom which insensibly was
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
over another it is absolutely necessary that to maintain this equality that when there are several in one and the same Church they should alternatively be deputed to Synods and Colloques IV. Ministers and Elders Deputed to Colloques and Provincial Synods shall come thither at the common charges of their Churches CONFORMITY I do not find that in the First Centuries conductors of Christian Churches did observe much formality when they assembled for the deciding of any difference all things were done with so much simplicity Humane Passions being excluded that every one spake as he was inspired of God Read what Eusebius relates of the Two Synods which were held in the Third Century against Paul of Samosatia Hist l. 7. cap. 27 28 29. and I am certain the marks of the simplicity I have now mentioned will be found in them but in process of time Humane Passions being mingled with Charity 't was necessary to Establish some Methods in these Assemblies and choose some one amongst the Bishops to propose the matter which was to be deliberated to gather the Voices and moderate the whole Action an Honour which was commonly conferr'd either to promotion that is to say to him that was the Eldest Minister or to Personal Merit by reason of ones great Learning and sometimes also for the greatness and eminency of the City whereof one was Bishop Palmas as the Eldest of the Bishops of Pontus Ep ad Epâ—â— Privine Viennees Tom. 1. Conc. Gall. p. 85. presided in a Synod which was there held upon occasion of celebrating Easter as Eusebius relates in the 23 chap. of the Fifth Book of his History To this Example may be added what was done by Leo I. in the V. Century in favour of Leoncius Bishop of Frejus in the upper Narbonnes had not the Passion which he expressed against Hillary Bishop of Arles made him violate the Laws of Justice and Equity in depriving him the right whereof he was justly in possession of assembling Synods and which according to the Discipline of those times belonged to his See to invest Leoncius with it because he was the Eldest Bishop of the Province and about the year 397 the First Council of Turin bestowed on Proclus Bishop of Marsellis the precedence over the Bishops of the Second Narbonnes Pâ—â—d p. 27 28. not so much in consideration of the City whereof he was Bishop as in consideration of his Age and Merit In fine the Ecclesiastical Government being wholly fram'd after the Model of the Civil and Politick this right of precedence was joyn'd in the out Provinces to Metropolitan Bishops except the Churches of Africa where this priviledge was conferr'd on Primates and in that Countrey was called Primat which had been first promoted to be Bishop for 't was not to Age alone this I rerogative was attributed but to the time of promotion Our Discipline which refers this to Election does nothing differ from what was practis'd in the Antient Church before the Establishing of Hierarchy especially when precedency was conferred on Persons for their Merit which could not be done but by plurality of Voices because for the most part one Judges differently of the Merit of Men and so 't is St. Athanasius expresses it in his First Apology that Hosius was commonly the chief and President of Synods an Honour conferred on him for his great Merit and perhaps to for his Age as it was in the latter regard bestow'd on For the understanding of this Article it is necessary to read what I have said on the Fifth of the Sixth chap. to which may be added that Synods having been instituted for the good and Edification of the Churches it is more than reasonable they should be charged with the Expences needful to assist at those Assemblies especially seeing the maintenance they allow to their Ministers is so small that 't is not sufficient for their subsistance as it often happens amongst us V. The Churches which shall refuse to allow their Ministers conveniencies for repairing to Colloques and Synods shall be advertis'd to do what is fit and in default thereof so that Ministers are constrain'd to go at their own charges after two or three Admonitions they shall be deprived of the Ministry and the Expences made by the said Ministers shall be repaid by the Churches to whom they were sent Liberty being given to have recourse to the Ingrateful Church according to the Judgment which shall be given by the Provincial Synod CONFORMITY This Establishment being a continuance of the former what I have observed on that may serve for a Commentary on this VI. If there should happen a difference betwixt a Church and the Pastor and that to compose it the Church shall have been advertis'd two several times of the time and place of the Colloque and Synod and refuses to attend the said Colloque or Synod notwithstanding absence of one of the Parties may proceed on to Judgment CONFORMITY The Hundred Cannon of the African Code which I cited on the Second Article do's Authorise this Establishment and justifies the Conformity of our Discipline with the Primitive VII In each Synod as well Provincial as National shall be Elected with a slow Voice by full consent one of the Pastors to preside with one or two to write His business shall be to govern and moderate the whole Session to advise of the Places Dayes and Hours on which the Assembling and Sitting of the Synod shall hold to propose and offer things that shall be in deliberation to take every ones Voice in particular to declare the major part and pronounce the Conclusion Also to take care that every one speaks by Order and not confusedly to impose Silence on such as are contentious and if they will not obey to make them go out to consider of their Sensure and Correction to make Remonstrances and Answers to those which desire Counsel or that send Letters to the Synod Moreover to preside at the Sensures which shall be made at the end of the sitting the whole according to the advice of all the Assembly and no otherwise And he himself also shall be subject to Sensure his Office shall expire at the end of the Synod and it shall be at the choice of the following Synod to Elect him or another The Moderators also of Colloques shall be govern'd after the same manner CONFORMITY The Great Council of Nice in the Sixth Cannon reserves to each Province its Rights and Priviledges that one might not intermeddle in the Affairs of the other nor usurp its Power and Authority To this Establishment may be apply'd the Second and Sixth Cannons of the First Oecumenical Council of Constantinople the VIII of Ephesus the 9 and 17 of Calcedon the 12 and 15 of Antioch the 19 28 and 125 of the African Code with the Letter of the Council of Africa to Pope Cellestin in the same Code in Number 138. St. Cyprian taught almost the same thing about 170 years
before as appears by his 55 Letter Theodoret speaks the same in his 86 Epistle in the Third Volumne of his Works and 't is on this practice the Eastern Bishops grounded their complaints in the IV. Century against Pope Julius I. in that he had received St. Athanasius into his Communion and some others whom they had Excommunicated Read what is related by Zozomen in the VIII Chapter of the Third Book of his Ecclesiastical History Socrates II. Book chap. 15. and Julius his Answer in St. Athanasius his Second Apology to be perswaded of the truth hereof for the Letter writ by the Eastern Bishops to Julius is not now Extant that at present found in the first Volumne of the Councils being forg'd and contains but a Collection ill put together of what the Authors I but now mention'd have writ It 's true our Discipline does except some cases of which one may appeal to the National Synod after Judgment given by Provincial Synods but 't is even therein appears its Conformity with the Ancient provided the time be carefully distinguished before the Christian World which was bounded in the Roman Empire had been divided after the Example of the Empire into several Ecclesiastical Diocesses each of which comprehended several Provinces the whole extent of a Bishops Jurisdiction how great soever it was made but one Ecclesiastical Province For Example In St. Cyprians time all Africa made no more but the Ecclesiastical Province of the Bishop of Carthage And in the time of the First Council of Nice Libia and Pentapolis made up that of the Bishop of Alexandria and then 't was requisite Affairs should be determin'd in the Provincial Synod without being permitted to appeal to the Synod of any other Province It is what is depos'd by the Sixth Cannon of Nice which confirms to the Bishop of Alexandria what Custom had given him Possession of that is to say the Metropolitical Rights only although the Patriarchal Rights also may be inferr'd from the same Cannon by lawful consequence when he shall be in a state to exercise them that is to say when his Province shall be divided into several Ecclesiastical Provinces and that he shall have under him several Metropolitans over which the chief of the Diocess and the Patriarchs had the same power as Metropolitans had over the Bishopâ— of their Brovinces But after this Division into Diocesses and of Diocesses into several Feclesiastical Provinces each of which had a Metropolitan had been made which the first Universal Council of Constantinople began to Establish or it may be but to One Musoâ—â—â—s in the Council of Rimini as St. Jerom testifies in his Dialogue against the Luciferians chap. 7. where he observes this Musonius was of the Byzantine Province but instead of Byzantine it should be Byzancene which was a Province of Africa wherein was the Diocess of this Prelate As for the care the President or Moderator of the Synod should take to the end all things should be done in the Assembly regularly and in Order the XI Council of Toledo in the year 675 ordained in the First Cannon Tom. 4. Conc. p. 820. the same Observations which the Authors of our Discipline here prescribes not forgetting those which derogate from the Laws VIII Elders which are Deputies of Churches shall have Votes as Ministers and the Elders of the place where the Synod is assembled may also be present and propose any thing in their Order Nevertheless but two of them shall have Vote to avoid confusion CONFORMITY After what I have writ on the First Article of the Third Chapter there 's no difficulty in understanding of this for the Deacon Hillary hath assur'd us nothing was done in the Church without the Counsel and Advice of the Elders and Firmiâ—lian Bishop of Cappadocia that the Prelates and Elders assembled once every year to order matters committed to their care and with common consent to treat of the greatest and most important Affairs IX What shall be concluded upon by Provincial Synods for ordering the Churches of their Province shall be communicated to the National Synod CONFORMITY The 95th Cannon of the Code of Africa has a Constitution much like this for it Ordains that private Affairs shall be determin'd in the Provinces but as for the common and general they referr the Knowledge and Decision of it to the General Council of Africa Now 't is most certain that what regards all the Churches of a Province ought to be put in the Rank of General Affairs the Decision whereof appertains to a National Synod X. Because several Persons to the end to decline or delay the sensure of their faults appeal from one Ecclesiastical Assembly to another even to a National Synod which by this means is more perplexed in clearing their Case than any other for the time to come all differences within the same Province shall be definitively judged without appeal to the Provincial Synod of the Province except what shall concern the suspending and deposing as well of Pastors as of Elders and Deacons and the changing of Pastors from one Province to another also the changing of a Church from one Colloque to another and also that which concerns Doctrin the Sacraments and the whole Discipline all which cases may gradually move even to the Nationall Synod to receive the last and definitive Judgment CONFORMITY To Authorise what Custom had done in several Countreys since the Council of Nice at least it may seem to be so inferr'd from the Cannons of the Synod of Antioch in the year 341 Forty years before that of Constantinople Afterwards I say it is certain Appeal was made from Judgment of Provincial Synods to Councils of the whole Diocess for the greater part of the heads contain'd in our Discipline as is verified by most of the Cannons I have but now cited particularly by those of Constantinople of Calcedonia and of the African Code with the 95th of the same Code to which may be joyned the Third Cannon of the Fourth Council of Toledo assembled in the year 633. To. 4. Conc. pag. 582. XI If there should happen a difference betwixt two Provincial Synods they must pitch on a third to reconcile them CONFORMITY This Establishment don't disagree with the 14 Cannon of the Synod of Antioch which is conceiv'd in these terms If after Judgment be given against a Bishop accused of certain Crimes it so falls out that the Bishops of the Province are upon this score in different minds some declaring him Innocent and others guilty the Synod to put an end to their Contests is of Opinion that the Metropolitan shall call other Judges of the next Province to decide the difference and that he confirms what they shall have concluded upon with the Bishops of the Province It 's true this Cannon don't speak of differences which two Provincial Synods might have together But seeing the Council allows to call Neighbouring Bishops when those of the Province are at variance about a
at least it may be collected from the Synod of Turin assembled Anno Dom. 397 at the request of the Bishops of France besides that the Synods which are the Masters of these things may dispose them as they please CHAP. IX Of NATIONAL SYNODS ARTICLE I. NAtional Synods shall be called once a Year if possible may be And this Rule shall be observ'd for the Convocation that at the end of every National Synod a Provinte shall be chosen which shall have the charge to assign to the others the time and place of the next Synod CONFORMITY The Third Council of Carthage in the Year of our Lord 397 Tom. 1. Conc. p. 710. Ordains in the Hundreth Cannon That the General Council of Africa be assembled once a Year to which all the Provinces that have Primates are to send their Deputies to the end nothing should be wanting to the Authority of such an Assembly The Seventh Cannon also makes mention of such a General Council which was assembled once a Year And the Eighteenth of the African Code contains in substance the same Decree And in the Nineteenth there is mention made of the Universal Council which was held every year Tom. 4. Conc. p. 493. 56. The Third Council of Tolledo which was thought was held in the year of Christ 589 was compos'd of all the Bishops of Spain and of Gallicia that is to say it was a National Synod And as I conceive it is to these sorts of Assemblies which the latter part of the Eighteenth Cannon of the same place must be referr'd And before that time Pope Leo the First in his Ninety Third Epistle speaks of the Celebration of a General Council in Spain however it be Our Discipline which requires National Synods to be assembled from year to year does nevertheless add this condition to its Ordinance Cod. Atric can 〈◊〉 if it may be done The Bishops of Africa which were wont as has been shewn to call yearly a General Synod of the whole Nation or as they also term it a Plenary Council found in time that it was a thing not to be done without giving too much pains and trouble to the Bishops therefore they concluded not to assemble it but in case of Necessity that is to say when the common Laws of all the Churches of Africa obliged them to do it The Fourth Council of Toledo which was National and which was assembled in the year of our Lord 633 Tâ—m 4. Conc. p. 582. declares in the Third Cannon That these National Synods should not be assembled but when there was Question of matter of Faith or of some other business wherein all the Churches of the Nation were concern'd The Article we examine demands yet another thing which we must not pass under Silence to wit That at the end of each National Synod some one Province should be appointed to assign to the rest the time and place of the following Synod which amounts neer hand to what the First Council of Orange Ordained Anno Dom. 441 in the Twenty Ninth Cannon Tom. 1. Conc. Gall. p. 74. That a Synod should not break up till they had assign'd another The Eighteenth Cannon of the Third Council of Toledo of which we spake before prescribes the same thing and it may be also the 73 of the African Code and it appears by the 95th Cannon that the Church of Carthage caused to be convocated the National Synods of Africa as occasion required II. If there happens any difficulty in a Province it shall take care to give notice of it to the Province that shall be entrusted with the care of making the Convocation to the end that this calling the said Assembly might also give notice of it to the other Provinces that so by this means every one may come to the Synod ready prepared to judge the matter CONFORMITY It appears by the relation of Eusebius of the Synods where Paul of Samosatia was depos'd Hist lib. 7. cap. 27 30.0 and his Heresie Anathematiz'd It appears I say That the Provinces gave each other Notice of the Affairs which should be debated in some of them and which could not be determin'd but in a Council III. And because it is difficult at this time and even dangerous to assemble a National Synod in so great a Number of Ministers and Elders it has been thought fit for the present and during such difficulties that the Brethren assembled in each Provincial Synod choose two Ministers and two Elders the most Experienc'd in Church Affairs to send thither in the Name of the whole Province and these Deputies shall come with sufficient testimonies and bring good Memorials signed by the Moderator and Scribe of the Provincial Synod and that no default might happen three or four Pastors and so many Elders shall be nominated that if the first nam'd are hindred from making the Journey there might be others to supply their place CONFORMITY The Third Council of Carthage assembled Anno Dom. 397 reduces the Deputies to the number of Three in the Second Cannon The Eighteenth of the Code of Africa which is in substance all one with that of Carthage but now cited speaks of Two Deputies referring it nevertheless to the Liberty of the Provinces to send a greater Number The 76th of the same Code makes mention in general of those which shall be chosen by the Provincial Synods to assist at the National Synods 〈◊〉 African p. 402 403 404 but they agree all in one thing that in each Province should be chosen those which were to meet at the National Synod As for the Memorials and Instructions the Deputies were to bring along with them there 's frequent mention made of them in the Antient Discipline under the name of Communitorium of which mention is made four several times in the Letter of the Council of Africa to Pope Boniface and often elsewhere The Council of Merida which I cited on the X Article prescribes so in the V. Cannon and calls it Instructions IV. To the Ministers and Elders Deputed to the National Synod the Provincial Synods shall limit no certain time for their return but shall permit them to stay at the said Synod as long as occasion shall require and the said Deputies shall travel at the common charge of the whole Province CONFORMITY The Provincial Synods being inferiour to National ones they cannot limit time to their Deputies at a National Synod where they are obliged to attend till the end of the Assembly which is very uniform to the Antient Discipline according to which it was not suffer'd to depart before the Council brake up as we have proved on the XIII Article of the foregoing Chapter V. At the beginning of National Synods the Confession of Faith and the Discipline shall be Read CONFORMITY In the Antient Councils To. 1. conc pag. 660. Tom 2. pag. 240. Tom. 3. pag. 337 338 339. was read and confirm'd the Confessions of Faith which
was believed in the Church so it was practis'd by the Universal Council of Constantinople in regard of the Confession of Faith of the Council of Nice the same Symbol was read in the first Action of the first Council of Ephesus and the Council of Calcedon renews and confirms the Symbols of Nice and Constantinople the Copies whereof was produced and moreover approved all that was establish'd at Ephesus against Nestorius in the year 431. As for Reading the Canons which contained the Discipline of those times it may plainly be collected from the first Cannon of the Council of Calcedon which appoints to observe all the Cannons which had been formerly made Tom. 4. conc pag. 583. and the 4th of the 4th of Toledo Anno Dom. 633. do's formally command the reading of them See what I have writ on the IX Article of the First Chapter VI. And to the End the National Synod be not amused about Questions decided by Acts of former National ones the Provincial Synods shall be advertis'd carefully to read the Acts which the said National ones have passed before they make their memorials and to send nothing but what may be common and general to all the Churches or which shall not otherwise merit the resolution of the National Synod CONFORMITY The VIII Council of Toledo assembled Anno Dom. 653 Ibid. pag 756 757. made a Decree much like this by which it prohibited to reverse to contradict and oppose the execution and accomplishment of what had been established by universal Authority this Synod confirming for ever as the Fathers speak the general and universal Constitutions VII The National Synod may definitively dicide and resolve all Ecclesiastical matters the Provinces having been before advertis'd by that which has the charge of assembling the Synod as near as may be done CONFORMITY This Establishment agrees very well with the Antient Cannons for Example with the VI of Nice according to the explication given it by the Bishops of Africa in their Letter to Pope Cellestin with the second and the sixth of the first Council of Constantinople the eighth of the first of Ephesus the nine and seventeen of Calcedon the twelfth of Antioch the 19 28 95 and 125 of the Code of Africa those which desire further Light for the understanding this Article may please to read what I have writ on the Tenth Article of the Eighth Chapter VIII Resolutions shall be setled by the Deputies of Provinces and if there are other Ministers besides the Deputies they may indeed propose what they think fit but they shall not have deliberative nor decisive voice CONFORMITY The same Cannon of the Council of Toledo which I alledged on the VI. Tom. 4. conc pag. 756 757. Article says expresly that if in a Synod a small number by ignorance or contention is of a different Opinion from the rest they being warned before must yield to the greater Number or else depart with shame out of the Assembly and they shall be Excommunicated for the space of one year Since the 4th Century the great Council of Nice had referr'd the Decision of Affairs to the plurality of Voices in the 6th Canon a Decree which the 19th Council of Antioch renewed sixteen years after IX Those which appeal from Provincial to National Synods shall be obliged to be there present or to send full instructions with lawful excuse of their absence and in default thereof the sentence of the Provincial Synod shall be confirm'd The same thing is done in appealing from Consistories to Colloques and from Colloques to Provincial Synods CONFORMITY The VII Cannon of the 3d. Council of Carthage condemns the Bishop who being accus'd for somthing for which he has not been clear'd in the Provincial Synod Tom. 1. pag. 910. an 397. don't appear at the National One there to have the complaint preferr'd against him finally judged X. The Deputies of Provinces shall not depart without taking along the Resolutions of the Synod signed by the President or Secretary and a Month after their return shall give advice to the Colloques of their Provinces to the End they might send for the Acts of the said Synod and this at the charges of the said Colloques CONFORMITY What I have observ'd on the XIII Article of the 8th Chapter is sufficient for the explaining of this I will only add that all those whereof the Synods were compos'd subscribed to the Acts as appears by the subscriptions of Antient Cannons the which is prescribed by the 4th Tom. 4. conc pag. 583. 826. Council of Tolledo Anno 633. in the 4th Cannon and which is practis'd by the 11th of the same place and declares so much in the 16th Anno Dom. 675 to which may be added the 5th Ib. p. 802. Cannon of that of Merrida in Portugal in the year 666 being it enjoyns the same thing XI And to the End the Acts of Synods may be preserv'd and that future use may be made of them for deciding Questions which may be propos'd in National Synods the said Acts as well of the time past as to come and all others which concern the Synods together with the Articles of Discipline and confession of Faith of the conformed Churches shall be left to be kept in Custody of the Deputies of the Province which shall be named for convocating the next National Synod and the said Province shall stand bound to carry them to the Synod CONFORMITY We read in the 86 Cannon of the African Code which is supposed to be of the Council of Mileua in the year 402 we there read a Decree much like Ours It has been thought fit by all the Bishops which have subscribed to this Council that the Matricule and the Archives of Numidia may be preserved in the Church of the first See and in Constantinople which is the Metropolitan City XII At National Synods before separating there shall an amicable sensure be made of all the Deputies as well Ministers as Elders of that only which has hapned during the Session and in general of their Provinces and the holy Sacrament shall be celebrated to testifie their Vnion provided it be joyntly with the whole Church where they shall be assembled the which to this purpose shall have timely Notice to prepare themselves CONFORMITY The Observations I have made on the VI Article of the seventh Chapter serve as a Commentary on this CHAP. X. Of the Holy Exercises of the Assembly of the Faithful ARTICLE I. THE Irreverence shall be restrain'd which is seen in several when they are present at Ecclesiastick or Domestical Prayers in not uncovering the Head and Kneeling which things are contrary to Piety gives suspicion of Pride and may scandalize good Men. Therefore Pastors shall be desired as also Elders and Masters of Families to have a regard that during the said Prayers every body without Exception or accepting of Persons do give by this mark of outward behaviour a testimony of the
humility of his heart and of the Homage he owes to Almighty God unless some may be hinder'd to do it by sickness or otherwise the Judgment whereof shall be left to his own constancy CONFORMITY The Ancient Christians were wont to kneel at Prayers as Eusebius testifies in his Ecclesiastical History St. Chrysostom in his 18 Homily on the 2 to the Corinthians saith that he bowed to the ground and Synesius in his 57 Epistle that he kneeled down at his Prayers and that in that posture of a Beggar he desir'd Death rather than a Bishoprick Nevertheless it must be granted that about the end of the 2 Century they began to pray standing on Sundays and during the interval of time betwixt Easter to Whitsontide Tertullian assures us so in the third Chapter of the Book of the Crown and with him the Author of Questions to the Orthodox in the Works of St. Justin Martyr in the 115 Question a practise authorised by the great Council of Nice in the 20th Cannon on account of those which us'd otherwise In the time of St. Jerom that is to say in the 4 and 5 Century's the Decree of Nice was follow'd and he also touches the Use of this Custom in his Preface on the Ephesians where he observes that from Easter to Whitsontide It is a time of Joy and Victory during which saith he we do not bend the knee and do not prostrate towards the Earth Tom. 6. pag. 161. but arising with the Lord we fly up to the highest Heavens He observes the same thing in his Dialogue against the Luciferians chap. 4. St. Paul nevertheless does the contrary for we read in the 20 chap. of the Acts ver 36. that having discoursed with the Pastors of the Church of Ephesus he kneeled down and prayed with them all it appears by the 16 verse of the same chapter that 't was betwixt Easter and Whitsontide St. Luke observes also in the 21 chap. verse the 5th of the same Book of Acts that the Apostle departing from Tyre about the same time being accompany'd with the Disciples and Brethren of the place with their Wifes and Children they kneeled down and prayed Moreover this practise of the Ancient Christians which I but now mention'd shews that it was ever their manner to pray kneeling which is the most becoming and decent posture to procure the Mercy of God as the Author of Questions to the Orthodox does declare because indeed the Creature can never too much humble himself before the Soveraign Majesty of his Maker in whose presence he must prostrate himself and confess his vileness and nothingness saying to him with Abraham I am but dust and ashes And as they prayed kneeling in the primitive Church there 's no doubt to be made but they also prayed bare-headed such doubtless were those Common Prayers and Supplications which were made in their Assemblies as Justin Martyr and Tertullian do testifie in their Apologies As for singing of Psalms it is what has ever been practis'd in Christian Assemblies St. Paul recommends it to the Colossians in these terms Col. 3.16 See Eph. 5.19 Let the word of Christ dwell in you richly in all wisdom teaching and admonishing one another in Psalms and Hymns and spiritual Songs singing with grace in your hearts to the Lord. Pliny the 2d in his Relation to the Emperor Trajan of the Christians in Asia and of their Assemblies before day light for fear of Persecution he observes amongst other things Lib. 10. Ep. 97. that they sang Hymns to Jesus Christ as to a God Tertullian makes mention of this Letter of Pliny to Trajan in the 2 chap. of his Apology and in the 39 he speaks of these spiritual Songs which Christians sang to God in his time especially the Psalms of David have ever been highly esteemed in the Church which has found the singing of them so comfortable and saving that it has ever been practis'd without Interruption The 17 Cannon of the Synod of Laodicea prescribes the manner of singing them in the Assembly It would be endless to relate all the Fathers have said in commendation of these Divine Hymns the praise whereof they have endeavour'd to strive who should most exalt them especially St. Basil St. Ambrose St. Chrysostom Theodoret and several others therefore I 'le content my self in producing what is said by the Author of the Christian Topography That the Psalms of David are sung in all Churches throughout the World and that they are almost in every bodies mouth as well great as small and that in each Church they are sung Apâ—d Allaâ—â—um de lib. Graee pag. 61. and they are oftner read than the Writings of the Prophets or any other sacred Monuments II. The Congregations of Believers being also appointed to sing the praises of God and to comfort and fortifie themselves by the use of Psalms All shall be advertis'd to carry their Psalm Books to Church and those who by disdain shall neglect to have them shall be sensur'd as also those which shall not be uncover'd in the time of singing as well before as after Sermon and also during the time of celebrating the Sacraments CONFORMITY Seeing Prayer and singing Psalms are things Essential to Piety our Discipline doth justly prescribe the Manner and Means to do it as becometh and to declare those worthy of sensure which shall transgress their Ordinance It requires the same thing in the time of celebrating the Sacraments and in desiring it it nothing differs from the practice of the Antient Church which had so great Respect for Baptism and the Lords Supper that it suffer'd not the Catechumeny Energumeny or Penitents to be present at celebration of one or the other calling them both Terrible Misteries III. In times of great Persecution or of Plague War Famine or other great affliction Also when Election is to be made of Ministers of the Word of God and at the time of entering into the Synod one may if necessity require one or more days have publick Prayers with fasting yet without seruple or superstition all done with great caution and consideration And the Churches shall be advertis'd to conform one with another in celebrating a Fast as near as they can according to convenience of time and place CONFORMITY Tertullian being turn'd Montanist and by consequence an Enemy of Catholicks and the Orthodox cap. 2. p. 545. whom he treats injuriously and after an unchristian manner Tertullian I say reproaches them in his Book of Abstinence which he wrote expresly against them he reproaches them that they fasted voluntarily according to the subject and occasion they had for it and in the same Book he saith that the Bishops were wont to appoint the People to fast when the Church had need to humble it self in the sight of God Ibid cap. 13. p. 551 Extr. and that it is in fear of some evil that threatens it this was the manner of the Antient Christians in celebrating of
in several parts of his Works particularly in his Epistle to the Solitaries Tom. 1. p 855. where he saith That the Nature of Piety and Religion is not to constrain but to perswade after the Example of our Saviour who forced no body but left it at every bodies choice to follow him saying to all the World If any one will come after me and to his Disciples and you will not you also go After which he extreamly blames the Conduct of the Emperour Constantius who at the desire of the Arrians tormented the Catholicks and used great violence to make them declare in his favour violence which he exaggerates with comparisons too strong the which I forbear to write I might alleage other Testimonies of the Fathers but I would not be too tedious Therefore it shall suffice to observe pag. 388. that there is mention in Mr. Justels African Code of a Law that was published by the which it was left to every bodies free choice to imbrace the Christian Religion The Emperour Jovian which succeeded Julian the Apostate Hist lib. 3. cap. 25. 〈◊〉 is praised in Socrates in that he had suffer'd every body to make profession of what Religion he pleas'd Ammianus Marcellinus has not failed to praise for the same thing the Great Valentinian who succeeded Jovian in the Empire Lib. 9. tit 16. de Males Maâ—â—em in his Thirtieth Book which the Prince testifies of himself in the Theodocian Code where he declares that as soon as he began to Reign he made Laws whereby every body had liberty to profess the Religion wherein he had been instructed and train'd up I can't tell if I should mention Constantine Pagonat or the hairy who in the Letter he writ to the Bishop of Rome on occasion of the Sixth Universal Council he assembled at Constantinople Tom. 5. Conc. pag. 11. he speaks to him in this manner We may excite and exhort all the World to amend and to joyn with the Christians but we will not constrain any body But I know I ought not and examining this matter without speaking of the Emperour Marâ—iâ—n by whose Authority the Council of Chalcedon was assembled in the Year of our Lord 451 for in the Letter he writes to the Archimandrites and to the Friers of Jerusalem and the parts thereabouts he saith speaking of this Council That no body was constrained by his Order to subscribe and consent to it and see here the reason he gives For saith he Tom. 3. Gonc p. 488. we will not force or hale any body into the way of truth by threats nor violence Words becoming that wise Prince and which deserves to be graven in the mind of all Soveraigns And it is to be wished for the Honour of Charlemain Collect. part 2. pag. 179. cap. 7. that he had so acted in regard of the Saxons and not to have threatned with Death those amongst them as refused to be baptiz'd V. The Children of those also which are called Sarazins may be received to Baptisme in the Reformed Churches on the conditions above-mention'd provided also they may be void of all presumption on account of any former Baptisme received and after serious remonstrances made to Godfathers to consult how they may best discharge the promise and obligation they make to the Church and moreover that Godfathers and Godmothers charge themselves with the maintenance and instruction of the Child CONFORMITY This Article being much like the former it needs no other explication than that I have made on the Fourth where I have observed several things VI. Baptisme shall not be administred but in Church Assemblies where there is a Church publickly setled and where there is not a publick Church and the Fathers and Mothers by reason of sickness fear to have their Children christned at Church the Ministers shall prudently advise what to do in the matter however that there be the form of a Church together with Exhortations and Prayers But if there be no Church and that an Assembly is not to be had the Minister shall make no scruple to baptize the Infant of a Believer presented to him with Prayer and Exhortation CONFORMITY The Fifty Ninth Cannon of the VI. Oecumenical Council in the year 692 forbids administring Baptisme in Oratories in private Houses it requires it should be perform'd in the Catholick Churches Tom. 5. Conc. pag. 339. threatning to depose the Church-Men which obey not this Decree and to Excommunicate the Laity which shall violate it Nevertheless the same Council permits to do it by advice of the Bishop of the place Cannon Thirty First although the Fifty Eighth of that of Laodicea had absolutely prohibited to Bishops and Priests in the Fourth Century to celebrate the Eucharist in private Houses But the difficulty is to know what the Council means by the Catholick Churches Tom 5. Conc. p. 517. when it forbids christning any where else an Expression which I also find in the Preliminaries of the Second Council of Nice where it is said the Bishops went ad Luteram of the Holy Catholick Church The term Luter which comes from the Greek 〈◊〉 signifies a Basin or Vessel to wash the feet and I can't tell if in the words I examine it may not be put for the Baptismal Fountain After all I am inclin'd to think that by the Catholick Churches here spoke of is to be understood the Churches appointed for all the People in general and where there was publick Fonts according to which there is mention in the Capitularies of our Kings Tom. 2. Conc. Gal. p. 152. Ibid. pag. 30. of Baptismal Churches so called because there was a Publick Font or Christning Place as appears by the Seventh Cannon of the Synod which Pepin the Father of Charlemain caus'd to be held apud vernum Anno Dom. 750 There must not be a publick Font in any Parish but there where the Bishop whose the Parish is doth appoint Tom. 16. Bibl. Pal. pag. 674. Flodoard in his Second Book of his History of the Church of Reims chap. 19. calls these Churches Baptismal Titles which distinguished them from others which had not Fonts And it is very probable that there was in each City but one Baptismal Church where all the People were Christen'd which was also observ'd in Villages in the Country so it must be understood the Decree of the Council of Meaux in the Year 845 Tom. 3. Conc. Gal. Can. 48. p. 45 Tom. 1. Conc. Gal. c. 1â— pag. 566. That no Priest presume to Baptize but in the Baptismal Churches which are in the Villages As for Oratories it was not permitted there to build Fonts as we find by the Ninth Epistle of the Second Book of Gregory I. of the 71 and 83 of the 7th of the Third of the 8th of this practice continued also in Pope Zacharies time who also wrote so to Pepin in the year 747 in using the very terms of Gregory I. But in process
of time t was left to the Liberty of the Bishop to suffer it provided that the consent of his Clergy also interven'd It is what may be seen in the Decree of Gratian cap. 16.9 1. c. 35. Moreover these Baptizing Churches which were otherwise named Plebes and Oracula were in so great consideration above others that Charlemain in his Capitulary in the year 793 chap. 2. will not have them possessed by Lay-Men to whom he forbids to grant them under the Title of Bennifice although that was not alwayes observ'd And it may be the Names of Plebes and Oracula was given to these Churches because all the People were wont there to resort to hear the Oracles of God that is to say the Word of his Gospel Inasmuch as our Discipline suffers Ministers to baptise out of the Assemblies when it is impossible to have them it agrees very well with the Seventh Cannon of the Council apud Vernum which I cited above where 't is permitted in case of Necessity to Baptize out of the places where publick Fonts were erected Moreover Vernum Palatium was one of the Kings Pallaces betwixt St. Dennis and Compeigne at least many do think so VII Seeing we have no command of Christ to take Godfathers and Godmothers to present our Children at Baptisme there cannot an express Law be impos'd on Persons to do so Nevertheless because it is an Antient Custom and introduced for a good end to with to testifie the belief of the Godfathers and the Baptisme of the Infant and also to maintain the Society of Believers in Friendship and Amity those which desire not to follow it but would present their Children themselves shall be earnestly exhorted not to be contentious but to conform to the Ancient Custom which is good and profitable CONFORMITY The Custom of Godfathers and Godmothers to present Children at Baptisme is very Ancient seeing Tertullian makes mention of it in his Book of Baptisme chap. 18. St. Austin in his Twenty Third Epistle saith they are presented by their Father or Mother or by others Tom. 2. cap. 2. 7. p. 215 216. 217 361. Paris 1644. the pretended Dennis the Areopagite in his Ecclesiastical Hierarchy speaks but of Godfathers which should be faithful and chosen by those which are to be Christned if they are Adults or by the Fathers and Mothers if they are young Children and he would also make the Reader believe that 't was instituted by the Apostles Gregory the First in his Book of Sacraments doth not also forget those which present Children at Baptisme As for Cesarius of Arles he declares in the Twelfth of his Homilies given us by Monsieur Baluze that the Father and Mother are to be answerable the VI. Cannon of the Council of Metz in the year 888 Tom. 3. Conc. Gall. p. 526. ordains that the Father or Mother of the Child receives it when it comes out of the Baptismal Fountain so great Liberty has been us'd by the Church in these things Read the Three last Testimonies I have mentioned on the Twelfth Article VIII Women shall not be admitted to present Children to Baptisme unless accompanied with a Godfather and after having made profession of the Christian Religion CONFORMITY In all Antiquity there is few or no Examples to be found of a Woman that presented a Child to be Baptized without a Godfather and much less of an unbelieving Woman in effect we have seen on the Seventh Article That those which presented Children should be believers What I alleadged of the Council of Metz on the same Seventh Article not destroying what I say on this if one reads all the Cannon besides that it has sometimes been suffer'd amongst us upon some Considerations as appears by the National Synod of Poictiers in the Year 1560 that 's to be understood in regard of believing Women though this sufferance is not at present in use IX No Godfather coming from another Church shall be suffer'd to present a Child to Baptisme without bringing a Certificate from his Church CONFORMITY Anciently no Stranger was received without a Testimony from his Church it is the Order of the Seventh Cannon of the Council of Antioch in the year 341. Let no Stranger be received without Pacifick Letters It is what appears also by the Fifty Eighth chap. of the Second Book of Apostolical Constitutions where we read that neither Brother nor Sister of another Church was to be received without Letters of Recommendation X. Those which present Children to be baptized must be of competent Age as of Fourteen years old having received the Sacrament Or if they are more advanc'd in Years and have not received the Lords Supper promise faithfully to do it and are duly catechised CONFORMITY Herraud Bishop of Touers in his Capitulary of the Year 858 makes this Ordnance Tom. 3. Conc. Gall. cap. 55. pag. 113. That none shall receive any at the Baptismal Fountain unless he knows by heart in his own Language and understands the Lords Prayer and the Apostles Creed and that all know the Covenant they have made with God Ibid. pag. 526. The Sixth Cannon of the Council of Metz prescribes the same in substance in the Year 888 Tom. 9. Conc. pag. 548. and 615. Cardinal Borrome Arch-Bishop of Millan in the Fourth and Fifth Councils which he there caused to be held in the Year 1573 and 1579 orders the very same marking also as well as our Discipline the Age of Fourteen Years and to observe the exactness of our Discipline with that of the Antients it is to be known that we admit none to participate of the Holy Sacrament of the Eucharist till after he has given sufficient proof of his being well-instructed and of his knowledge in the Misteries of Salvation The Sixth Council of Paris precedent to all the Testimonies I have hitherto cited seeing it was assembled in the Year of our Lord 829 This Council complains in the Seventh Cannon Book the First That those which present others to Baptisme Tom. 2. Conc. Gall. pag. 487. and 521. have not knowledge sufficient to instruct them which he attributes to the negligence of Conducters and in the Fifty Fourth Cannon he will by all means have them taught to be able to answer for the Instruction of those which they present even serving themselves in the Seventh Cannon of some words of a Sermon of St. Austins to confirm what he sayes 163 de Temp. XI Those which are suspended from the Lords Supper cannot as Godfathers present Children to be baptized whilst their suspension holds CONFORMITY This same Council of Paris which I but now cited prohibits in the last of its Cannons that is to say the Fifty Fourth it forbids those which for some Crime is under Pennance and by consequence excluded from the Sacrament not to present any Body at Baptisme until such time as they are reconcil'd to the Church Cardinal Borrome in his First Council of Millan Tom. 9. Conc.
pag 453. which he held Anno 1565 forbids the same thing to all that are Excommunicated XII Ministers shall diligently warn Godfathers and Godmothers to weigh and consider the promises they make at the Celebration of Baptisme and Fathers and Mothers also to choose Godfathers and Godmothers well instructed in Religion and of good Life and Conversation and that may be of their Acquaintance as near as may be and that by their means there may be appearance in case of need the Children may be well Educated CONFORMITY The Author of the Ecclesiastical Hierarchy Tom. 2. cap. 7. p. 361 362. under the name of Dennis the Areopagite prescribes just what is appointed by our Discipline Jonas Bishop of Orleans follows the same Steps in the Ninth Century and Establishes by the words of St. Austin the Duties wherein Godfathers and Godmothers stand bound to those which they present to be Baptized it is to what he imploys the Sixth Chapter of the First Book of Instruction of the Layity and the words of St. Austin he makes use of Tom. 1. Spicil pag. 19. are taken out of the Sermon 133 of Time which is in the Tenth Tome of his works Tom. 9. Conc. pag 453. Cardinal Borrome in his first Council of Millan Anno 1565 follows the same steps with the Antients ordering to warn Godfathers of their Duty towards their Neophytes Tom. 5. Spicil pag. 212. both as to Doctrine and Manners where Fathers and Mothers are wanting A long while before this Council of Millan St. Eloy had recommended the same thing to Godfathers and in the Second Book of Capitularies chap. 46. Godfathers are enjoyn'd to apply themselves to teaching Children they have presented in Baptism because they have answer'd for them It is also the subject of a Cannon of a Council of Reims in Reginon Lib. 1. cap. 272. XIII Those which by Trustees shall present Children to be Baptized in the Churches of Rome shall be severely sensur'd as consenting to Idolatry CONFORMITY In the Antient Church those which lived in a Communion separate from others never presented their Children to be baptized in those Societies whereof they were not Members and with whom they held no fellowship nor correspondence in matters relating to Religion and the service of God XIV As for Names given to Children Ministers shall reject as much as in them lies and as shall be expedient those that savour of Antient Paganisme and shall impose on the said Infants the Names attributed to God in the Church as Emanuel and the like and moreover shall admonish Fathers and Godfathers to choose Names approv'd in the Holy Scripture as much as may be possible If they have a desire to some other they may be admitted those abovesaid only excepted and such as may tend to indecency CONFORMITY Dennis Bishop of Alexandria observes in Eusebius That the Antient Christians were wont to give their Children the Names of Peter Paul and other Holy Men as well to shew the Love and Respect they bore those Holy Persons as to render their Children as dear in the sight of God as those Holy Men were St. Chrysostom writes that the Antiochians loved Miletius their Pastor so tenderly that they call'd their Children by his Name for this end forgetting that of their Ancestors And in the Twenty First Homily on Genesis which is in the Second Volumne he Exhorts his Auditors not too lightly to impose all sorts of Names no not even those of their Grandfathers and Great Grandfathers and those which have been illustrious by Birth on their Children but rather the Names of these Holy Men which have been celebrated for their Vertues and in favour with God and elsewhere he complains of those which do otherwise according to which Eusebius speaks in his Book of the Martyrs of Pallestine chap. 11. of Five Martyrs that having quitted the Names they received from their Fathers because saith he they were it may be some Idol Names they took the Names of Elias of Jeremiah of Esaiah of Samuel and Daniel The Fourth Council of Millan whereof we spake on the Tenth Article requires this Custom to be followed I think therefore our Discipline does very well in keeping the medium betwixt too great a Severity and too great Indulgence whereunto the Establishments of our National Synods agree very well on this Article XV. Ministers shall warn their Flocks to behave them with all due Reverence when the Sacrament of Baptism is administred And to avoid the contempt most People make of Baptism either going out of the Assembly or behaving themselves in it irreverently when it is administred it has been thought good that for the future it be administred before singing the last Psalm or at least before the last Prayer and the People shall be warned to bear the same Reverence in the Administration of Baptism as of the Lords Supper seeing Jesus Christ with his benefits is offered us in the one as well as the other Sacrament CONFORMITY In the Fifth Action of the Council of Constantinople under Memma Tom. 4. Conc. pag. 109. which was its Bishop about the Year of our Lord 536 there is a request of the Church of Apamia where is shewn the profound respect one ought to have in the time of administring Baptism thence it is the Antient Doctors do call it a Mistery or terrible Misteries There is in the Euchology or Ritual of the Greek Church an excellent Oration to the Catecumeny which are on the point of receiving Baptisme Pag. 340. Par. 1647 in the which is represented in a touching and Pathetical manner the dignity of this August Sacrament with the reverence and holy fear one should have when one celebrates it Cardinal Borrome in his Fifth Council of Millan assembled Anno Dom. 1579. Appoints all Curates To warn frequently all those which assist at the Celebration of Holy Baptisme Tom. 9. Conc. pag. 616. to bring all manner of Piety Devotion and attention meditating secretly and with care the promises they have made to God when they were Baptized It is not therefore to be wonder'd if St. Chrysostom speaks of the Baptismal Fountain as of a redoubtable and desirable Pool both together In illud fiâ—â—◠〈◊〉 reg Caesor Patrisam Tom. 6. p. â—â—0 and if he Exhorts those which are going to be baptized to prostrate themselves as Captives before their King to cast themselves on their knees lifting up their hands to Heaven where the King of us all saith he is sitting on a Royal Throne because in effect we owe this respect and veneration to his Sacraments at all times that we are present when they are Celebrated XVI The Consistory shall have an Eye over those which without great Considerations keep their Children long from being Baptized CONFORMITY St. Cyprian Ep. 59. pag. 95. or rather a Synod of 66 Bishops of which he was Chief appointed that Infants newly born should be Baptised without deferring too long Baptising them and
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
Church that can inform me the manner that was used in contracts of Marriage that is to say whether promises of Marriage were conceived by words of the Present or by words of the Future Tense I only judge by things hapned in the latter Ages that in some places these promises were made by words of the Present which at last was forbidden In effect Tom. 11. Spicil p. 205. in the year 262. Nicholas Gilant Bishop of Anger 's made this Synodal Decree We appoint our Priests that they do not consent but to forbid publickly in their Churches to contract Marriage by words of the Present until one be come to the Nuptial benediction The Fifth Council of Millan under Cardinal Borrome â—â—â—scribes the same thing in the Year 1â—79 Tom. 9. Conc. p 633. VI. As for Consanguinity and Affinity Believers cannot contract Marriage any other way than is permitted by the Kings Edict CONFORMITY When one lives in a Country one must submit to the Laws Established for the quiet of the Subjects as to what concerns the things of this Life and 't is by this maxim that we carefully observe the Edicts and Laws of our Kings touching the Degrees of Affinity and Consanguinity in marriage VII It is by no means Lawful to go to the Pope to demand to be dispensed in the hindrances of Marriage because in doing hereof one owns his Tyranny but one may in a Degree not forbidden of God though prohibited by the Civil Power Address one self to the King CONFORMITY As we do not acknowledge the Popes Power we do not vouchsafe to Address our selves to him to obtain any dispensings touching the hindrances of marriage It is to the King we Address our selves to be dispensed of Degrees forbidden by the Civil Law of his Kingdom and not by the Word of God VIII The Cognations called Spiritual are not so much as compriz'd nor understood by the Words of Consanguinity or Affinity in the Kings Edict and cannot hinder the contract of Marriage CONFORMITY The more I read our Discipline the more I therein find a resemblance with that of the Ancient Christians I speak of Christians of the first Centuries for those which have apply'd themselves to the reading Ecclesiastical Antiquity might perceive the changes that have succeeded in process of time in the Ancient Discipline as well as in the Doctrine the Establishment I am about to Examine is an Authentick proof for until the 7th Century or at least to the end of the 6th it was never thought of to propose in the works of Ecclesiastical Writers nor in Councils Spiritual Cognations as lawful hindrances of wedlock If the Epistle attributed to Pope Deus-dedit were true it would not be deny'd that since the 7th Century these pretended Spiritual Cognations were admitted in the Church but 't is most certain 't is false and spurious it needs only to Read it to find that 't is false and forged besides that a good while since Pseudoisid pag. 676. the late Mr. Blondell has shewed clearly in the Judgment he gave of it that 't was the work of a Cheat and Impostor I know there is in the 2d Volumn of the works of Gregory the Great certain Decrees in one of which one Anathematises him that shall have Marry'd his spiritual Gossip so that if these Cannons are truly his one must own that these spiritual Cognations has been used in the Latin Church since the latter end of the 6th Century but what makes me doubt if these Constitutions were his is that Dom. Luke D' Achery who has caused them to be printed in the 2 Volumns of his Spicilegium amongst an Ancient Collection of Cannons which he thinks to have been Antecedent to the 9th Century does indeed represent them under the Name of Gregory but somthing dubiously not saying of what Gregory so that they may as well be of some other Gregory for Example to the second or third and so the one must come down to the 8th Century in which the one and the other filled the Roman See In effect in that Century Tom. 2. conc Gal. p. 5. spiritual Affinity were frequently in the West a hindrance of Marriage as appears by the first Cannon of a Synod held at Metz under Pepin in the year 753 by the 5th Chap. of the 5th Book of Capitularys Ibid. p. 15 and by the answer of Pope Stephen the 2d to the 4th Question was made him on this Matter as also by the 12th Cannon of the Council of Compeigne Anno 757. Ibid. p. 43 Since that time the Latins has almost always prohibited marriages of persons betwixt whom there was any spiritual affinity as for having presented a Child together to be Christened I observe nevertheless in the 10 Century that a certain Bishop called Azo Tom. 8. Spicil p. 113. ad 118. maintained by the holy scriptures against Atto Bishop of Verceil that these spiritual affinities were not sufficient to hinder Marriage whereas Atto did not defend himself to any purpose but by the Laws and Customs of Princes and Sovereigns especially by that of Luitprandus who Reigned then in Italy It is not therfore to be wondered if the Council of Trent Authoriz'd this sort of Affinities the 11th of November Anno 1563 in the 24th Session Tom. 9. conc pag. 412. under Pius the 9th as is explained in the second Chap. of the Decree of Reformation of Marriage although at the end of the 9th Century it was not exactly observed in all the West as appears by the Cannons 47 and 48 of the Council of Tribur of which I will speak of on the 13th Article The Greek Church would in nothing come behind the Latin in this matter for at the end of the 8th Century the 6th Oecumenical Council assembled at Constantinople made a decree when after having establish'd that the affinity of the Spirit is more considerable than that of the Body the Fathers declare it is come to their knowledge that in some places those which have presented Children to be Baptised do after marry the Mothers of those Children when they are become Widows which the Council forbids to be done for the future and do even make null Marriages of this kind which shall be made after the Prohibition ' and condemn those which contract them to the punishment of Fornicators We learn by this Decree that till then no difficulty was made in divers Places to make these kinds of marriages and to pass by the consideration of spiritual Cognations which might be betwixt those as made them Nevertheless since the 6th Century the Emperour Justinian had ordained that spiritual Cognation should be a lawful hinderance of Marriage Lib. 5. Cod. Just tit 4. cap. 26. although the Greek Church made no Decree before that I but now cited and which is after that of Justiniam above a 100 years Also the Greek Cannonists which have searched the Original of this custom have gone no farther
Ancient Eastern Manuscript he sets down insufficiency as a lawful cause of separation with free liberty to the other party whither the Man or Woman to re-marry XV. Marriages shall be proposed in the Consistory with sufficient attestations of promises CONFORMITY This Establishment is to prevent Clandestin Marriages I will shew on the 19th Article that it is conformable to the Ancient Discipline XVI Baines shall be asked in places where the Parties do reside and are known and if they will be Married in some other place than where their Banes have been called they shall take sufficient attestation that they have been published three several times CONFORMITY Pope Innocent the third making Answer to the Bishop of Beavais in the 4th Book of Decretals Tit. 1 de Sponsal cap. 27. makes mention of a publication of Banes and in the Council of Latran which he assembled in the year 1215 he appointed that the Custom of publishing Banes of Marriage in Churches observed in some places should be generally observed in all places Tom. 7. conc cap. 51. p. 818 accordingly we Read in the second volume of Dom. Luke D' Achery a Benedictine Friers Spirilegium that Nicholas Bishop of Anger 's prohibited in the year 1270 pag. 217 221 222. to confirm or celebrate any marriage whatsoever until publication was first made of it in the Church he also mentions the same practise in another Synod in the year 1274 Ib. p. 255. Tom. 9. conc pag. 411. Decret de refor Matrim cap. 1. which William his successor also renewed in the year 1304. The Council of Trent in the 24th Session the 11th of November 1563. the 8th under Pius the IV prescribes also the same thing Cardinal Borrome failed not to confirm this custom and to recomend the observing of it in his Councils at Millan and 't is to be observed the testimonies I have alledged require that publication shall be made in the Churches of the parties contracting XVII Banes shall be published three several Sundays in places when there is Sermons and in other places when publick prayers may be said However the Publication ought to continue the space of 15 dayes after which time the Marriage may be Solemniz'd in the Assembly and even on the third Sunday CONFORMITY The same Testimonies I alledged on the foregoing Article do prescribe in substance the same thing as our Discipline doth for some will have it that the publication now spoke of should be made in a certain time which should give leisure to those who would oppose a Marriage to prepare their Reasons others that Banes should be asked several times on Holy-daies others to the Number of three several times XVIII Those which live in places where the usual Exercise of Religion is not Established may cause their Banes to be published in Romish Churches inasmuch as 't is a matter partly political CONFORMITY The publishing of Banes being a thing meerly political our Discipline had reason when it suffer'd those of our Religion in the case hinted at to have them done in Temples of the Romish perswasion XIX The Churches shall not Marry any body without having ful knowledge and approbation CONFORMITY Besides what I have said on the second Article it appears by the first Cannon of the Council of Laodicea that Clandestin Marriages were condemned even in that time There is in the third Volume of Councils a Decree of Pope Hormisdas taken out of Gratian and is conceived in these Terms Can. 2. pag. 801. That no Believer of what quality soever do not Marry clandestinely and in secret but let him Marry publickly in our Lord Tom. 3. conc Gal. pag. 116. Tom. 7. conc pag. 818. in receiving the Priests Benediction This Hormisdas was Pope in the beginning of the 6th Century Herrald Bishop of Tours makes the same prohibition in the 130 chap. of his Capitulary Anno Dom. 858. and the 15th Can. of those which Pope Innocent the third proposed and caused to pass at the Council of Latteran in the year 1215 contain the very like constitution It is therefore that in our Churches no Stranger is Married without having a good attestation from the Church whereof he is member to know if the Banes have there been published three several Lords dayes without any opposition Cardinal Borrome in his second Council of Millan Anno Dom. 1569 Decree 26 will have it so practis'd Tom. 9. conc pag. 590. according to the Ordinance of the Council of Trent XX. When one of the parties is of a contrary Religion the promises of Marriage shall not be received nor published in the Church until the party of contrary Religion be sufficiently instructed doth protest publickly in the Church of the place where the said party is known that with full resolution he renounces all Idolatry and Superstition particularly the Mass and will by Gods assistance persevere therest of his life in his true worship and service of which instruction the Consistory shall take account And it shall not be lawful for any Pastor or Consistory to do otherwise under pain of being suspended and even of being turn'd out of their office CONFORMITY Even from the first Ages of Christianity the Orthodox were forbidden to Marry with Persons which were not of their Communion but of some other Sect which was looked on as Heretical and contrary Tom. 1. conc pag. 234. The Council of Elebori or Eluira in Spain in the year 305 imploys to this purpose the 6th of its Cannons The 10th and 31st of Laodicea about the year 360 treat of the same thing But the 14th of Calcedon is more full for it prohibits those kind of Marriages unless him that intends to Marry an Orthodox Maid Let. G. c. 12. doth promise to be converted to the true Faith The Frier Blastares in his Pandects printed at Oxford of whom I have spoke already explaining this Cannon of Chalcedon makes two considerable remarks first that the Consummation of Marriage now spoke of ought to be deferr'd until the Heterodox party has accomplish'd his promise the second that the same thing is to be required of Latins that is to say of those of the Church of Rome when they desire to marry Women that are Orthodox an evident proof that the Latin Church was esteemed a Hetorodox Church by the Greeks in Blastares's time which was in the XIV Century I may alledge several other Cannons against the Marriages now spoke of Tom. 1. conc Gall. pag. 231. 242. as the 72 of the 6th Oecumenical Council at the end of the 7th Century The 19th of the 2d Council of Orleans in the year 533. the 6th of that of Auvergne assembled 2 years after and the 25 and 26 Decrees of the 1 Title of the 2d Council of Millan which I cited on the foregoing Article If from Councils we pass to Ecclesiastical Writers Tom. 1 p 239 240. we shall find several which have explained themselves after the same manner