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A28220 An answer to a treatise out of ecclesiastical history translated from an ancient Greek manuscript in the publick library at Oxford by Humfrey Hody ... and published under the title of The unreasonableness of a separation from the new bishops, to shew that although a bishop was unjustly deprived, neither he nor the church ever made a separation, if the successor was not an heretick : to which is added, the canons in the Baroccian manuscript omitted by Mr. Hody. Bisbie, Nathaniel, 1635-1695.; Browne, Thomas, 1654?-1741. 1691 (1691) Wing B2980; ESTC R18575 41,921 46

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the See of Antioch and his Authority alone without any concurring Evidence is sufficient to oppose to that of Socrates and Sozomen But if it were not besides what has been already said their Account as Valesius observes disagrees from what St. Hierom * Vales ad Socr. l. 4. c. 15. and Theodorus Lector and Theophanes relate concerning this Eustathius So that we must conclude that Eustathius of Sebastia is meant by the Greek Author or else that this is another of his Mistakes In the Greek it is said p. 5. that Arsacius because of the Jealousie of his Brother Nectarius towards him had formerly sworn that he would never accept of the See of Constantinople But in the English this is omitted in the Text and set down only in the Margin with this Note that p. 2. the Manuscript in this place is written erroneously Mr. Hody in the Greek and Latin Edition takes no notice that this is an Error being more tender now it seems of the Credit of his Author and perhaps of Palladius too from Pallad p. 94. whom he had it I wish Mr. Hody had been as careful of his Author's Reputation and of his own too in all other Respects as in this And after such Protestations of sincere and charitable Intentions in publishing this Manuscript it could hardly be imagined that he had omitted any thing which belonged to this wonderful Treatise which he so much values and so highly magnifies But it is an unlucky thing to be engaged in a Cause which no Author ever yet had enough of the Greek in him to maintain and therefore as I am well assured he has left out a Collection of Canons at the end of the Manuscript written in the same hand and by the same Author which shews that the Author is to be understood of synodical Deprivations For since there were no synodical Proce●dings in the present Deprivations that part of the Manuscript must be suppressed lest it should make all the rest impertinent to the Controversie arising from the present state of our Church tho it were all as true as I have shewn it to be false The Canons annexed are a sufficient Answer to the Book as far as we are concerned in it and therefore it was great Prudence to conceal them This looks as if Malela were not only fabulous but infectious too and will be apt to make Men suspect that Malela himself is worse in the Print than in the Manuscript And this is all that I shall say and I think a great deal more than was necessary to be said of a Book which instead of being sent into the World with so much Ostentation and Triumph would have been in danger of a publick Censure at any other time but this since the Reformation excepting only that Interval when we had all our Bishops deposed at once And to endeavour to maintain a Cause by such Arguments and such Au●horities as are both notoriously false and of so pernicious consequence that they would have been suffered at no other time and any other Cause would have been ashamed of them and then to be forced too upon such Arts as may be very necessary in an ill Cause but would never surely be used in a good one is no less than a Confession of the badness of a Cause and is so far from being a Defence that it is an evident sign that it cannot be defended The CANONS in the Baroccian Manuscripts omitted by Mr. Hody 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The XXXI Canon of the Holy Apostles by a Mistake for the XXXII IF any Presbyter contemning Can. Ap. 32. his own Bishop shall hold a separate Meeting and erect an opposite Altar having nothing wherewith to charge the Bishop in Matters of ‡ or Faith Piety and Justice let him be deposed as an ambitious Affector of Government for he is an Usurper In like manner as many of the Clergy that shall joyn with him shall be deposed and the Laicks excommunicated But all this ought to be done after the first the second and third Admonition of the Bishop 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The VI. Canon of the Synod of Gangra If any Man hold a private Meeting Synod Gangr Can. 6. out of the Church and despising the Church shall presume to perform the Offices of the Church † Note that in the Original it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 instead of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the printed Canons have it the officiating Presbyter not being thereunto licensed by the Bishop let him be Anathema 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The V. Canon of the Synod of Antioch If any Presbyter or Deacon despising Syn. Antioch Can. 5. his own Bishop hath withdrawn himself from the Church and set up an Altar in a private Meeting and shall disobey the Admonitions of the Bishop and will not be perswaded by him nor submit to him exhorting him again and again he is absolutely to be deposed and ought no longer to be treated as a curable Person neither as one who can retain his Honour and if he shall persevere to make Tumults and Disturbances in the Church he is to be turned over as a seditious Person to the secular Power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The XV. Canon of the same Synod If any Bishop accus'd of any Crimes Eiusd Synodi Can. 15. be condemned by all the Bishops of the Province who have all with one accord denounced the same Sentence against him such a one by no means ought to be judged again by others but the concordant Sentence of the Provincial Bishops ought to remain firm 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The X. Canon of the Synod of Carthage If any Presbyter being puffed up Syn. Carth. Can. 10. against his own Bishop shall make a Schism let him be Anathema 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The XIII Can. of the Syn. of Constantinople called the 1st and 2 d. Synod The Devil having sown the Seeds I● 〈…〉 Ca● 1● of Heretical Tares in the Church of Christ and seeing them cut up by the roots by the Sword of the Spirit hath betaken himself to a new way and method viz to divide the Church by the madness of Shismaticks But the holy Synod being also willing to obviate this Stratagem of his hath decreed as followeth If any Presbyter or Deacon under the pretence of accusing his own Bishop of any Crimes shall presume to withdraw from his Communion and not mention his Name in the holy Prayers of the Liturgy according to the Tradition of the Church * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before Synodical Judgment and Tryal such a one shall be deposed and deprived of all sacerdotal Honour for he that is in the Order of a Priest and shall usurp the Power of Judging belonging to the Metropolitans and as much as in him lies shall condemn his own Father and Bishop before Sentence pronounced by them he is worthy neither of the Honour nor Appellation of a Presbyter and those who are Followers of such a one if they are in holy Orders even any of them shall be degraded from his proper Honour but if they are Monks or Laicks they shall by all means be excommunicated from the Church until abhorring the Conversation of Schismaticks they shall return unto their proper Bishop 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The XIV Canon of the same Synod If any Bishop pretending an Accusation 〈◊〉 Synodi 〈◊〉 14. against his Metropolitan † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before Synodical Judgment shall withdraw himself from communion with him and shall not recite his Name according to custom in Divine Service the holy Synod hath decreed that such a one shall be deposed if after private ‡ or Conviction Admonition he shall depart from his own Metropolitan and make a Schism For it behoves every one to know his own proper bounds and that neither the Presbyter despise his own proper Bishop nor the Bishop his own Metropolitan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The XV. Canon of the same Synod These Decrees concerning Presbyters 〈◊〉 Synodi 〈…〉 Bishops and Metropolitans agree also to Patriarchs So that if any Bishop or Metropolitan shall presume to depart from Communion with his own Patriarch and shall not mention his Name in the Divine Offices as is decreed and ordered but shall make 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Separation * before Synodical Conviction and final Condemnation of him the holy Synod hath decreed that such a one be absolutely deposed from all sacred Orders if he offend in this kind after private ‡ or Conviction Admonition And these things are decreed and enacted concerning those who under pretence of any Accusations revolt from their own Superiors and make a Schism * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In the printed Canon and break the Vnity of the Church But if any shall separate themselves from Communion with their Superior for any Heresie condemned by the holy Synods and Fathers he publickly preaching the same Heresie to the People and teaching it bare-faced in the Church such shall not only be free from Canonical Censure for separating themselves from Communion with the Bishop so called * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before Synodical Condemnation but they shall be thought worthy of the Honour that is due to the Orthodox because they have not condemned a Bishop but a false Bishop and a false Teacher and have not divided the Unity of the Church by Schism but have studiously endeavoured to preserve the Church from Schisms and Divisions FINIS