was there privately carried and ordained thus Every faithfull one of either sex being come to yeares of discretion Omnis utriusque sexus fidelis postquam ad annos discretionis pervenerit omnia sua solus peccata confiteatur fideliter saltâ—m sâ—mel in anno proprio Sacerdoti injunctam sibi poenitentiam studeat pro viribus adimplere suscipiens reverenter ad minus in Pascha Eucharistiae Sacramentum c. alioquin vivens ab ingressu ecclesiae arceatur moriens Christiana careat sepultura Concil Lateran cap. 21. should by himself alone once a year at the least faithfully confesse all his sinnes unto his own Priest and endeavour according to his strength to fulfill the Penance injoyned unto him receiving reverently at least at Easter the Sacrament of the Eucharist otherwise in his life time let him be barred from entring into the Church and being dead want Christian buriall In which decree are these innovations 1. Solus that it must be private 2. omnia peccata sinnes and all sinnes must be confessed 3. Proprio Sacerdoti to their own Priest where the liberty of choosing the Ghostly Father is taken away And for the time which the Jesuit tells us was the onely thing there concluded on I say there was none decreed onely limited leaving Christians to confesse at other times convenient within the year but not to exceed and be without the compasse of a year Come as often within as the Confessor and his Penitent can agree and meet upon it but not to go over the year and to this head must popish shrift be referred But if Repentance be considered as a work of Grace arising from Godly sorrow whereby a man turnes from all his sinnes to God and obtaineth pardon and so including confession as an evidence of inward sorrow and a mean of reconciliation such a Confession poured out before God or unto God before his Priests is of the same right and institution as Repentance is The grace of God hath ordained in this world repentance to be the approved Physician for sinners 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Just Mart. Resp ad Orthod Q 97. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Id. Dialog cont Tryphon Judaeum saith Justin Martyr And again God according to the riches of his mercy accepteth of him that is penitent for his sinnes as just and without sin That thing then is of Divine Institution which Gods grace hath ordained and of divine power and efficacy which makes a sinner accepted of God as a Righteous person But all this thou wilt say may be done by contrition and confession to God onely without respect unto the Priest I deny not but that it may be and often is effected that way but not alwaies such may be the Condition of the sinner and quality of the sin that pardon which is the fruit of Repentance is not gathered and new obedience which is the fruit of the Penitent is not brought forth without confession to the Priest and direction from him and so to be comprised in this duty also for if the doore of Heaven would ever open upon the former knocking the Priest had keyes committed to no purpose To make this to appeare distinctly we are to consider that to institute may be taken in a twofold sense Jurisâ—o isuiâ—is instituere est vel arbores vel vinâ—â—s in aliquo loco pâ—â—â—â—re ut in conducto fundo si â—onductor suâ â—perâ aliquid necessariò vel utiliter auxerit vel aedificaverit vâ—l instituerit l. Dominus Sec. in conduct ff loc conduct vide Turneb Advers l. 2. c. 13. first to be the cause producer and author of an effect so taken with the ancient Civilians with whom to institute trees or vineyards is to set and plant them In a ground let out if the Farmer by his industry shall have improved it have builded or have set or planted in the Digests And in this acceptation Christ is the Author of the Sacrament of the Eucharist that Vine is of his planting and institution he is the Author and his Ministers to do it by his authority Now Repentance is indeed a work of God but not in God Confession is when God openeth a sinners mouth not his own in that sense Confession is not of divine institution 2. Secondly that is said to be instituted that is commanded and enjoyned so of institution divine that is of divine law and ordinance and that of divine law which is prescribed in the Divine word the holy Scriptures as a law to be observed or as an example to be imitated And Divine ordinances are there delivered by God immediately or by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the men of God inspired by him In which sense Saint Chrysostom interpreteth those passages of Saint Paul not I but the Lord and I not the the Lord 1 Cor. 7.10 12. not as if Christ spake of himself and Paul from himself for in Paul Christ spake what is it then that he saith I and not I Jesus Christ hath delivered some lawes and ordinances in his own person unto us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrysost 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To. 6.250 Aliquid dicitur esse jure divino duobus modis vel quòd institutum habet in sacris literis idque vel â—xpresse vel certa deductione erutum vel ex mplum continuata ecclesiae pâ—axi omni s culo commendatum Junius in Bellar. controv 7. cap. 10. and some by his Apostles Furthermore a thing may be of Divine right as â—xpresly and formally injoyned in the Scriptures or else as virtually implyed by a necessary deduction and consequence or els as exemplary and ratified by the constant practice of the Church So divine right and institution is accepted in a threefold sense 1. in express precept and command 2. in necessary consequence depending upon some other thing commanded Or. Confession of div ne institution 1. Virtate praecepti 3ly by approved examples in Gods word commended by the practice of the Church We will lay confession unto all of these and see what authority it hath And first for divine command we read in the law that the sinner by divine edict brought his Sacrifice Numb 5. Levâ—t 5. and confessed his sin unto the Priest Thou wilt reply that law was Ceremonial so say I in respect of the Sacrifice but dare not say so in respect of the confession the one being a typical and the other a morall act And think it not strange that one precept may be mixt and composed of Ceremony and morality For is not the law of the Sabbath so the day Ceremonial Diâ—s ceremonialis quies moralis and the rest morall cultus à natura modus à lege virtus à gratia and it may not unfitly be applyed to Confession what is verifyed of the Sabbath 1. Confessio Deo facta est a natura Nature it self teacheth us that a sinner must confesse unto God whom he hath
wronged and this is morale positivum the morall positive part of the law 2. Modus à lege Confâ—ssio mâ—ntalis quae fit Deo est de dictamine legis naturae adjutae quodammodo per fidem Raymand sum tract 4. To confesse unto the Priest This manner of confession was injoyned by God and this is Positivum divinum the divine positive part of the law 3. But Virtus à gratia true confession whether to God Jam donum Spiritus Sancti habet qui confitetur poenitet quia non potest esse confessio peccati compunctio in homine ex scipso Aug. in Ps 1. or to his Priest is from the working of the holy spirit it being fulfilled in this as in all other graces what hast thou O man that thou hast not received The Ceremonial part which consisted in the Sacrifice ceaseth for a Christian hath another Altar and another Sacrifice Ex necessitate Consequentiae Christ Jesus slain upon the Crosse by vertue whereof his Priests assure the Penitent of pardon absolution For the second Confession is of divine right by way of deduction For if the use of the keys in the Ministery of the Priests be divine as it cannot be denied but that they are so and if that use consisteth in absolution and if that absolution ever presupposeth and cannot be denounced without precedaneous confession the consequent will tye them together for the world cannot break the relation that is betwixt Confession and absolution Ratione exempli And for the last a precedent we have in the Acts of the Apostles seconded with the practice of the Church as hath been declared Thou seest Good Reader how confession pretendeth to divine right in a strict sense Jus divinum laxè vel strictè sumptum hoc in S. literis invenitur illud ex earum sive instituto sive exemplis analogia recta ratione deducitur Azorius Instit Mor. part 2. l. 1. c. 2. as injoyned in the Scripture and in a large as a necessary consequent deducted by rational proportion from divine premisses how the same is corroborated by examples set forth in the Scripture and by ecclesiastical practice set forth in the discipline of the Church likewise This I must be interpreted to speak of Confession unto Gods Ministers in generall without respect to the manner thereof privately or publickly performed Which I think is left to the power of the Church to determine There was a time when the publick performance thereof was all in all that was left off and the private doing thereof succeeded in the room to supply that defect and which at the first alteration was esteemed to be no more Sacramentall or of no more necessity for obtaining remission of sinnes than the former So that the course taken herein may well be thought to have the nature of a temporall law which as Saint Austin saith although it be just Appellemus istam legem si placâ—t temporalem quae quâ—mvis justa sit commutari tamen per tempora justè potest Aug. de lib. arb lib. 1. cap. 6. yet in time may be justly changed Canus acknowledgeth confession in its own nature for a divine ordinance but for the Condition thereof secret or open he referreth to be ordered by naturall prudence his words are these Confession of sinnes ought to be made unto the Priest Confessio peccatorum Sacerdoti fieri debet non solùm ex traditione majorum verùm etiam ex Evangelico testimonio quod quidem est de necessitate Sacramenti Secretam verò aut publicam confessionem fiâ—ri prudentiae est naturali relictum quae dictat ut occulta occultè publica publicè jud centur Canus Relect. de poen p. 6. not onely by tradition from our Ancestors but also by testimony from the Gospel and this is of the necessity of the Sacrament But whether Confession should be secret or publick that 's left to natural prudence which willeth that secret sinnes should be judged in secret and those which are publick publickly Michael Vehe frameth to himself this objection Let it be granted that these words whose sinnes soever ye remit c. infer a confession to be made of all sinnes whatsoever which seeing it may be performed two waies privately or publickly and neither way by Christ commanded both would seeme of equall necessity But no man can say that publick confession is necessary and why may not so much be said of private answereth thus We say and affirm neither way of Confession to be necessary by any precept from Christ Respondemus dicimus neutrum confiteâ—di modum â—sse ex praecepto Christi necessarium utrumque autem necessarium sub distinctione liberum est ergo ecclesiae eligere illum vel illum cum autem etiam secretam voluerit esse confessionem ad publicam non tenemur Vehe tract 6. de Sacr. Poen c. 4. and yet both necessary with a distinction The Church then was left to her choise to take which she pleased and seeing she hath embraced to confess in secret we are not tyed to the publick Which two assertions how far they cut the throat of Clancular confession Rome may doe well to consider Confession then in it self may be of Divine right and the manner thereof whether private or publick a Churches constitution and which way the Church should conceive to be most profitable and command the use what am I that should contradict the same to whose benigne censure I submit what I have here resolved concerning the institution SECT II. The Contents The abusive necessity of Confession Tyrannicall inquisition into mens consciences distastfull Confession left at liberty in Gratian's times Schoolmen leaning to the necessity thereof Confession not the onely necessary means for absolution and remission The ends aimed at in Popish confession unnecessary No expresse precept in Scripture for the absolute necessity thereof Confession an heavy burden upon fleshly shoulders Private confession not practised from the beginning Established in the place of the Publick by an edict from Leo 1. The fact of Nectarius abrogating confession with the severall answers and expositions of Roman Writers expended Confession deserted in the Greek Church Divers kinds and formes of Necessity Confession in what cases necessary and the Necessity thereof determined WE are now come to the necessity of confessing a point necessarily to be opened the over-pressing of the same upon mens Consciences hath been thought a kind of Tyranny and hath caused the busie obtruders thereof to be suspected as if they aimed at their own ends and sought not those things that are of Christ Jesus Lording it over the Consciences of the people making their keyes become pick-locks and themselves not Seers but Spies not Judges but Accusers not Physicians but Betrayers not good Samaritans to bind up the wounds but cruel Tyrants to rent them wider More than time it is to consider of these things and to discharge the
A TREATISE OF THE CONFESSION OF SINNE And chiefly as it is made unto the Priests and Ministers of the Gospel Together with the power of the KEYS and of ABSOLUTION JOHN 20.23 Whose soever sins ye remit they are remitted unto them and whose soever sins ye retain they are retained Tantum relevat confessio delictum quantum dissimulatio exaggerat Confessio enim satisfactionis consilium est dissimulatio contumaciae Tertul. LONDON Printed by J.G. for Andr. Crook at the Green Dragon in St Pauls Church-yard M.DC.LVII The Principal CONTENTS OF THE WHOLE BOOK CHAP. I. THe names of things exemplifie their nature The Authors purpose Heb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth Repentance and Consolation which is variously rendred by the Septuagint Heb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Confession or a casting off by the same Interpreters is translated to give thanks and to praise Exagoreusis a forinsecal word an Indictment Exhomologesis Metanoea and Metameleia usuall in the New Testament Resipiscence and Penitude their difference and several uses pag. 1. CHAP. II. Repentance a Conversion and wherein it consisteth The Fathers define it from the sensible effects and signs thereof The Schoolmens errour in placing it in bodily corrections rather than in mental change The Reformed Divines seat it in the humiliation of the heart requiring also outward expressions of sorrow Conversion is the essential form of Repentance Self abnegation godly sorrow a Penitents practice and endeavour p. 10. CHAP. III. Discipline of penance wherefore enjoyned by the Church Exhomologesis divers kinds of Confession publick penance of Apostolical practice The austerity thereof in the Primitive times Order thereof prescrib'd in the dayes of Cyprian and Ambrose Divers examples of publick Penitents The solemn practick thereof in Records of the Church Sinners admitted but once to solemn Penance Actual reconciliation denyed by the Church to lapsed sinners No renewing unto Repentance how understood in the Epistle to the Hebrews Four stations observed by the ancient Penitents The restoring of this Discipline much desired p. 16. CHAP. IV. Confession of sin addressed unto God chiefly and to Man also with considerable relations grounded upon the Law of Nature with God himself a necessary antecedent to pardon Adam and Cain interrogated to extract Confession Sundry precedents of Penitents recoursing to God in Confession There is shame in confessing to God as well as unto Man Penitential Psalmes composed by David for memorials and helps to Confession The Rabbins doctrine of Confession of sin before God practised in the time of the Gospel preached and urged by the Ancient Fathers and so far by Chrysostome as a tribute due to God onely for which the Pontificians are jealous of him Confession before God is not destructive of Confession before man in a qualified sense though preferred before it and especially called for by the old Doctors although that be of singular use also p. 43. CHAP. V. Of Confession to Man The Confession of sin under the Law before the Priest at the Altar and the Sacrifice Special enumeration of all sins not required of the Jews The Law commandeth the acknowledgment of sin and restitution Jobs friends confessed their errours unto him who sacrificed for them Davids confession unto Nathan Rabbins affirming sins to be confessed unto the Fathers and Levites The place in St James chap. 5. Of mutual Confession explained and vindicated Testimonies of the Fathers for Confession unto man The opinion of the Schoolmen that sin in case of necessity and in way of Consultation for a remedy not in way of Absolution for reconcilement may be detected to a Lay-man and of the Reformed Divines That sins may be confessed to a Believing Brother for advice and to a Minister of the Gospel p. 65. CHAP. VI. Divers Offices and administrations in the Church The peoples Confession unto John at Jordan wherein they were particular The Confession of the Believers at Ephesus to St Paul Proofs from the Fathers for Confession to the Priests of the Gospel Such Confession withdraweth not from God but leadeth to him Testimonies of the worthiest Divines of the Church of England for Confession seconded with Divines of the Reformation from the Churches beyond the seas p. 90. CHAP. VII Concerning the Institution necessity and extent of Confession and is divided into three Sections p. 111. SECT I. The Decrees of the Tridentine Council for Divine right and authority of Confession The Anathema's hâ—ld too severe by some moderate Romanists Publick Exhomologesis vilipended by those Fathers The Schoolmens faintness in reasoning for the divine institution of Auricular Confession The Canonists plant the same upon the universal Tradition of the Church Divines siding with the Canonists Oppugners of Auricular Confession in former ages Pretences of Divine authority from places of Scripture examined Different proceedings in the Court of Conscience from earthly Tribunals Special cognizance of all sins not a necessary antecedent at all times to Priestly Absolution God pardoneth many sins immediately never spoken of to a Priest Differences of Popish Divines concerning the matter and form in Penance prove to be no such thing as Sacramental Confession which reacheth not higher than the Lateran Council Confession of sin of the same institution as Repentance is Divine institution manifold In what sense Confession may be said to be of Divine institution p. 113. SECT II. The abusive necessity of Confession Tyrannical inquisition into mens consciences distasteful Confession left at liberty in Gratians time Schoolmen leaning to the necessity thereof Confession not the onely Necessary means for absolution and remission The Ends aimed at in Popish confession unnecessary No express precept in Scripture for the absolute necessity thereof Confession an heavy burden upon fleshly shoulders Private Confâ—ssiâ—n not practised from the beginning Established in the place of the publick by an Edict from Leo I. The fact of Nectarius abrogating confession with the several answers and expositions of Roman writers expended Confession deserted in the Greek Church Divers kinds and forms of Necessity Confession in what cases necessary and the necessity thereof determined p. 144. SECT III. Scrupulous enumeration of all sins decreed in late Councils Circumstances aggravating and altering the property of sin Mill-stones to plain people Anxious inquisition into each sin with every circumstance a perplexed peece Particular reckonings for every sin an heavy load to the Conscience and without expâ—ess warranty from God implying difficulty and impossibility and tending to desperation No urgent necessity to be so superstitious in casting up of all sins and the circumstantial tails thereof Romish closets of confession Seminaries of sin and uncleanness Venial and reserved sins exempted by Rome from the ears of ordinary Priests upon what grounds Strict and specifick enumeration of sins but of late standing in the Church General Interrogatories proposed at the hour of death from Anselme Some sins are specially and by name to be rehearsed in confession The nature and quality of those sins described and determined p. 179. CHAP.
they were reconciled and received the sacred Eucharist and this was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the complement Thus far the Cardiâ—al though not so faithfully as he ought hath related from Pacianus Greg. Neccaesar and Photius men well acquainted with these rites Thou seest Christian Reader at what a distance sinners were held in the dayes of old and not fully restored till time and grief had worn out their sin the scandal satisfied and their hearts seasoned with devotion I will wind up this discourse with Cassander In the Primitive Church that sluggish professors might become more zealous Iâ— veteri Ecclesia ut segniores excitarentur poenitentiâ—us ob graviora scelera certa tempora officia definita fuerunt quibus non solùm coram Dâ—o interiorem animi poenitentiam excitarent exâ—rcerent sed etiam Ecclesiae verè se atque ex animo poenitere decâ—ararent atque ita mâ—nûs impositione Episcopi Cleri reconciliarentur jus Communicationis acciperent atque haec praescripta officia canonicae satisfactiones seu poenae vocarentur quae jam imperitiâ Episcopurum Pastorum in abusum nâ—gligentiâ segnitie tà ◠pastorum quâ—m Popâ—lâ— in desuâ—tudinem venerant nisi quòd in privatis confâ—ssionibus aliqua eâ—us rei vestigia remansâ—rint Cassand Consult Confessio certain times and offices were appointed unto Penitents guilty of fouler crimes wherein they might not onely stir up and exercise the inward repentance of the minde before God but declare unto the Church their sincere and unfeigned sorrow and so be reconciled by imposition of hands from the Bishop and the Clergie and restored to the Communion the which prescribed duties were called canonical satisfactions or punishments which now adayes by the unskilfulness of Bishops and Pastors have grown to be abused and through the negligence and lukewarmness both of Pastors and people wholly laid aside save that some footsteps thereof have remained in private Confessions This modern and moderate Divine hath laid down the use and scope of this discipline to rouse us up for religious duties and to set forth before the Church our sincere repentance and to be reconciled by Gods Ministers the decay whereof he ascribeth to the supine negligence of the later Prelates and that a shadow thereof remaineth to this day in private confession the restitution whereof he much sighed after as appeareth in these his words Which ancient and Apostolick custome of publick satisfaction for publick and grievous offences were very profitable Quem publicae satisfactionis priscum Apostolicum morem ob publica graviora peccata restitui utile ac propemodùm necessarium est in quo potestas Ecclesiastica Clavium in ligando solendo i. e. poenitentiam indicendo à Communione separando rursum indulgendo absolvendo seu reconciliando maâ—nifestissimè cernitur Cassand ib. yea very necessary to be restored wherein the Ecclesiastical power of the keyes in binding and loosing that is in imposing of penance in separating from the communion and again in releasing absolving and reconciling is manifestly discerned And thus have I prosecuted this discipline 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as accurately as I could that the same being known (a) Communion-Book at the Commination the vote of our Church for the restitution thereof may be the better perceived which thing were much to be wished and to which all that love the Lord Jesus must needs say Amen CHAP. IV. The Contents Confession of sin addressed unto God chiefly and to man also with considerable relations grounded upon the law of nature with God himself a necessary antecedent to pardon Adam and Cain interrogated to extract Confession Sundry Precedents of Penitents recoursing to God in Confession There is shame in confessing to God as well as unto man Penitential Psalmes composed by David for memorials and helps to Confession The Rabbins doctrine of Confession of sin before God practised in the time of the Gospel preached and urged by the Ancient Fathers and so far by Chrysostome as a tribute due to God onely for which the Pontificians are jealous of him Confession before God is not destructive of Confession before man in a qualified sense though preferred before it and especially called for by the old Doctors although that be of singular use also HItherto of Repentance both external and internal the inward sorrow and the outward demeanour thereof and that solemn performance was not onely a vocal and publick confession of the guilt but a real expression Omnia poenitentiae praeparata Hieron Matth. 3. that as Saint Hierome said of John the Baptist his food of Locusts and his garment of Camels hair and the place of his abode the desart how they expresly set forth what he preached the doctrine of Repentance we are now to arrest our selves upon that branch and part thereof which consisted in the verbal opening and declaration of sin which is a recognition of a sinners unworthiness opened by himself in orall confession to the principal party wronged and sometimes to such persons also that by reason of their office place or respect may be a mean to procure forgiveness and reconcilement Now by sin God is ever principally and very often onely grieved and sometimes Man also In the first case to God onely and properly belongs confession as He who is chiefly and onely offended in the second this Confession must be made to God and the Man also that is wronged by us to whom satisfaction for the trespass also belongeth and the end brotherly Reconciliation The Dean of Lovaine hath taken notice of all thus There is a Confession whâ—ch is made unto God alone Est Confâ—ssio quae fit Deo soli quae homini atque haec rursus varia 1. Quaedam sit homini quâ—m laesimus pro obtinenda reconciliatione cum ipso râ—missione offâ—nâ—ae in illum alia fit homini de peccatis in alium admâ—ssis pro consilio aut reconciliatione habenda sunt hae confessiones juris naturae saltâ—m reformatae per gratiam Ruard Tapper art 5. pag. 73. and another unto man and this again is divers 1. either unto the man whom we have hurt for the obâ—aining of reconcilement with him and forgiveness of the wrong from him or which is made unto a man of such sins as are done against any other to ask cou sel upon the matter of Reconciliation and all these confessions are of the law of nature at the least as it is refined by grace So Confession is made unto God and in some cases to man also furthermore the fact is acknowledged unto man in many points wherein he is not the Party offended but considered as a mean and instrument to further and obtain a reconcilement unto him who is justly displeased And as by the light of nature we advise how to compass the favour of a great Personage justly forfeited by making use of such persons that by reason of their place alliance or
virtues claim a special interest in his affections so is it with the sinner and God It cannot be denyed but our Mediator and Intercessor and Advocate is Christ Jesus the Lord and whatsoever Others do or prevail with God it is for his sake He is the Corner-stone reconciling the building Minister Poenitentiae duplex 1. cui confessio fit ex officio at Sacerdos 2. alius qui audiendo confessionem vicem supplere potest Sacerdotis in necessitate ut est Laicus Compend Theol. verit lib. 6. cap. 27. and upon him is built every Intercession from or for any person besides Yet other Intercessors there are Moses stood in the gap made an atonement for the people and God was deprecated and reconciled There are some persons that by their office and place as stewards in the Lords house may give audience to sin to whom is committed the Ministery of Reconciliation and some by their virtues highly favoured by God though not amongst his Priests and they may take Confessions as faithful Brethren and both of these by their prayers may induce God to mercy My discourse must pass along and in the way call in upon them all but must begin with God the principal Party wronged and the Principal object of Penitential Confession Confessio quae fit mâ—nte Dâ—o est dâ— jure naturali Anton. part 3. tit 14. c. â—9 sect 2. That Confession of sin ought to be made unto God as a condition requisite for the pardon thereof and that it is no mean inducement to incline him to mercy is an undoubted verity 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without Controversie imbraced by all that make profession of Christianity Dâ—us in lege naturâ—e non sâ—mâ—l exâ—git confessionâ—m peccati Bellar. l. 3. de Poenit. c. 3. the foundation thereof is deeply laid in the law of nature it self as a practical truth flowing from the Principles and conclusions thereof and hence it came to pass that God exacted it from their hands that had no other light than the guide of nature Now Natural laws are the rules and decrees of reason and as reason is the common guide to all men Ratio legis est anima lâ—gis so the dictates and statutes thereof bind all that are capable of that guidance But this is a granted Maxime that every guilty person ought to be judged and this like unto it Haec est nota conclusio quòd quilibet Râ—us debâ—t judicari ista quòd nullus debet esse Jâ—â—â—x in propria causa ergò Reus dâ—bet judicari per alium sed non poâ—â—st juâ—icâ—â—i per alium nisi accusâ—tur illi alii nec potest accusari nisi à sâ—ipso si peccatum suum sit occultum ergò dâ—bet scipsum accusare alii à quo jâ—dicetur Scotus l. 4. d. Qu. 1. sect 1. in ista Quaestione that none may be a judge in his own cause and then this That no offender can be judgâ—d without some accusation to whâ—ch add this none can accuse of secret sins but the delinquent himself the stone then first moved in this penitential judicature is the Confession of the party upon which are grounded the indictment and judgement And saith another Schoolman The law of nature is for a man to repent of the evil he hath done De jure naturali est quòd aliquis poeniteat de malis quae fâ—cit quâ—ntum ad hâ—c quòd doleat se fecisse doloris remâ—dia quaerat pâ—r aliquem modum quòd etiam aliquâ— signa doloâ—is ostendat ut Nâ—nivitae Aquâ—n part 3. quaest 84. aâ—t 7. so far forth as to grieve he hath done it and that he seek all means to remedy his grief and that he also utter some signes of sorrow Thou wilt say this reason concludeth for secret sins which come to light no way but by Confession but publick sins are to be confessed to God also Besides secret sins are to him who seeth in darkness no secret at all and need not that mean for discovery for wherein our Consciences do accuse us God is greater than our consciâ—nces that is a more strict observer To strengthen then this reason I thus assume The end of penitential confession is the judgment of absolution not of condemnation to free not to punish for sin and an absolution not to quit from sin for God in justice cannot pronounce us just for that were to call darkness light but such an absolution as dischargeth us from the guilt and obligation unto punishment and so God in justice may and in mercy doth justifie us and this is to separate betwixt the light and the darkness Now remission of sin ever supposeth sin and the absolution from sin the detection of sin for sin maketh man to be miserable and the Confession thereof God to be merciful God requireth then no detection of sin in the judgment of condemnation which is the punishment of sin and wherein he proceedeth according to his own wisdome but in that of absolution which consisteth in the forgiveness of sin the confession thereof in the party peccant hath ever been deemed requisite by way of pacification Insomuch that all men whatsoever saith Scotus that have believed God to be the just Judge of all the world Justi pro omni statu post lapsum qui habuâ—runt fidem de Deo quòd erat Rector universi justus postquam peccaverunt contra legem Dâ—i consitebantuâ— Dâ—o peccata sua pâ—tentes ab eo remâ—ssionem scientes eum sine tali remissione tanquam justum judicem vindicaturum de illo peccato Scorus ib. and have acknowledged the law of his providence seen in the government of the universe upon every breach thereof have applied themselves to this supreme Governour to appease him with humble acknowledgment of the offâ—nce and to deprecate his anger It was but early dayes in the world when God called upon Adam where art thou which was a summons to a reckoning that as he had sinned Entrée de propos gall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ut ulteriùs cum eo loquendi ampliùs cum eo expostulandi occasionem hinc captaret item ut ab eo confessionem pâ—ccati extorqueret Rab. Sel. so he should take notice thereof and prevent and pacifie his wrath by confession it was an entrance into a Parley or a preface and introduction as the Rabbins say into a further conference thereby to expostulate with him about his offence and to extract from him an ingenuous acknowledgment thereof And a Father of the Christian faith conceits no less When God said to Adam where art thou our first Parents then guilty persons were inquired after Cùm Dominus diceret ad Adam ubi es peccato transgressionis primi Parentes corrupti à Domino sunt requisiti de culpa ut peccatum quod transgrediendo commiserant confitâ—ndo delerent Greg. to wash out that sin by confessing which they had committed by transgressing The like
addressed unâ—o women unfit creatures to be acquainted with a mans Cabinet and to look into the privy Chamber of his heart and conceived of this passage to be as much for my purpose as the fabulous conjectures of the Rabbâ—ns who the man was he slew and the manner thereof to the mind and meaning of Lamech passed over it had been for me had not Chrysostome grounded upon the same so many and those notable observations of Confession 1. As the power and torture of an indicting Conscience not suffering the sinner to be at quiet till his sin be brought to light 2. The good that comes to some by the examples of justice in others Cains punishment in denying his sin serving as an inducement to Lamech to confess his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrysost No man therefore constraining him no man convincing him he sets up a judgment-seat calls upon his wives to be his judges accuseth himself confesseth the fact and allots the punishment wherein no dislike could be taken to the proceedings were it not for his mistake in the Judges The next act of Confession was more solemn and religious made to the Priest before the Altar foâ— besides that general confession of the whole people Nec publica tantùm confessio pro totius populi d lictis ficbat in die expiationis sed privata particulà ris specialium quâ—rundam peccatorum ab iis agebatur qui poenitentiam agentes sibi Deum propitium reddere volebant Beauxan harm tom 1. pag. 134. col 2. poured out annually upon the day of expiation there was a private and particular confession of some special sins in use amongst them for which by repentance they sued unto God for mercy saith a Sorbonist The sinner that would be particular repaired unto the Altar and there presented the Priest with an offering to make the atonement for sins hid from the eyes of the assembly and afterwards come to light a young bullock with imposition of hands from the elders was destin'd for a Sacrifice the Ceremonies whereof are contained Levit. 4. but for some sort of secret sins which had not yet seen the light of fame the sin-offering was appointed to be a lamb or a kid Levit. â— 6 and the guilty person was to confess the sin and the Priest to make the atonement Josephus mentioneth the secret sin and the sacrifice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 3. c. 10. which be saith was a Râ—m but not the confession of the sin as needless perhaps because the offence was imprinted upon the Sacrifice as an Hieroglyphick thereof of which see Levit. 5. for how could a particular offering appertaining to particular sins be laid upon the Altar by the guilty person Quî potuit quispiam offerre oblationem pro peccato qui se peccasse paâ—â—m non fateretur eos qui peculiaritèr offerebant pro peccato peculiariter quóque ejus peccati de quo agebatur sese reos agnoscere necesse fuit Beza de Excom contra Erastum without disclosing of his offence did they not by that act pronounce themselves guilty of that sin for which they brought the offering and desired the atonement That very act of the party peccant viz. the presenting of the sacrifice was a real conviction Scotus then fell short of the truth in affirming that under Moses law â—â—â—â—ge MosaÃca de peccatis occultis tantùm Deo siebat confessio de quibusdam tamen defectibus publicis de non observantia legalium ficbat confessio generalis confessio Sacerdotis erat quaedam dispositio ad misericordiam petendâ—m pro populo sicut erat ista injustè egimus peccavimus c. Scot. l. 4. d. 17. q unica sins done in secret were confessed to God alone and that the confession to man was but of some publick defects and not observing of legal rites And that the general Confession of the Priest served to dispose God to be merciful unto the people like unto those supplications in the Church-Liturgy We have sinned we have done unjustly c. And Bellaâ—mine hath overshâ—t the truth in stretching this confession to a distinct Illud 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rectâ— verti possit dâ—stinctè expressè confitebuntur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 praeceptum hoc intelligendum esse de confessione distincta in specie ejus peccati pro quo expiando sacrificandum erat Bell. l. 3. de poen c. 3. Sect. ad haec and specifique enumeration of each several sin and though it be granted the Hebrew word to signifie an express and distinct confession it concludeth not his purpose for a distinct confession is one thing and a confession of all distinct sins another The truth is all the sins they thus Sacrificed for were distinctly confessed but not all the sins they committed were so sacrificed for and to such kind of sins as were expiated by sacrifices doth the Cardinal himself limit this distinct confession Aquinas alloweth not so much to Confession under the Law as a clear and evident expression of sin but rather a confused intimation thereof reserving that distinct demonstration to the clearer times of the Gospel for thus he saith In lege naturae sufficiebat recognitio peccati interior apud Deum sed in lege Mosaica oportebat aliquo signâ— exteriori peccatum protestarâ—â— sicut per oblationem hostiâ—e pro peccato ex quo homini innotescere poterat â—um peccasse non autem oportebat ut speciale peccatum à se commissum manifestaret aut pâ—ccati circumstantias sicut in nova lege Aq. Supplem Qu. 6. art 2. In the law of Nature an inward recognition of sin unto God was enough but under Moses law there was required a protestation of the sin in some outward signs as by the offering of a Sacrifice for sin whereby it might appear to man that he had sinned but it was not requisite to make a special manifestation of the sin committed or the circumstances thereof as in the new law As if to the Patriarchs before the Law Confession were then but in spicis in the ears of Corn to the Israelites under Moses law in farina in the meal and to Christians under the Gospel in pane as the bread set upon the table this be assured of Levit. 17.21 Quia Sacerdos non omâ—ia peccala populi sciâ—bat sed in generali Lyr. in Levit. 17. that in Moses time it wâ—â— not so narrowly sifted into as in ours for Lyra giving some reasons why the Confession of the peoples sins unto God over the Sacrifice could not be particular hath this amongst others because the Priest was not acquainted with all the sinnes of the people but in a general manner The next instance is a law grounded upon the VIII Commandment against usurpers of that which is not theirs injoyning confession of the wrong and restitution Numb 5. â— They shall confess their sin which they have done and he shall recompense
of old it was any where commanded And this is our first ground that Private Confession is not of supreme necessity The second is founded upon a decree of Nectarius sometimes Patriarch of Constantinople Nectarius and his act for abolishing of Confession and immediate Predecessor to Saint Chrysostome by which act upon an occasion of infamy drawn upon the Clergy by the confession of a Gentlewoman defiled by a Deacon in the principal Church of the Imperial City it was thought fit the same should be abolished and every one left to the liberty and examination of his own conscience in resorting to the blessed Sacrament the Narrative is thus in Socrates Socrat. lib. 5. cap. 19. vide Sozom. lib. 7. c. 16. It seemed good unto the Church to take away the office of such Priests as were appointed throughout every Church to receive Penitents after the Confession of their sins into the company of the faithful The occasion of the removal by Nectarius was A Noble woman came unto the Priest whose office it was to hear penitents and confessed orderly the sins she had committed after Baptisme the Priest injoyning her to bring forth the fruits of Repentance As she continued longer in shriving she accused herself of another crime and declareth that a certain Deacon of that Church had abused her body at which the people b ing much incensed and the Church defamed the Bishop upon the advice of Eudaemon a Minister of that Church took away the function of the shriving Priest and granted free liberty to every one as his conscience served him to become partaker of the holy mysteries Thus far Socrates professing withall that he could not well tell what to think of Eudaemons advise in this behalf whether it would ought avail the Church or no or be a means that sins escape without just reprehension his thoughts he should have kept to himself for an historian must ever conceal his affections and never the truth adhering to the verity of the fact and leaving the censure unto others It cannot be imagined into how many shapes the Divines of Rome turn themselves to turn off or to turn away this decree some condemn this Patriarch for condemning the same although we read saith Vehe that Nectarius abrogated this custome Quamvis legatur abrogassè hanc consuetudinem hoc tamen non probat eam non esse juris divini non enim omne quod fit justè fit M. Vehe tract 6. de Confess c. 7. yet this disproveth not but that it might be of divine right for not every thing that is done is justly done Our Cope inclineth to this opinion that the words of the story favour the taking away of confession but then tels us withall that Nectarius did as much hurt to the Church by unbridling this discipline Si Nectarius privatam confessionem abrogarit illotis quod dicitur non tam manibus quà m animis ad corpus Christi accipiendum ingerendi se quibuslibet aditum patefecerit quod ipsa fortè verba si generaliter accipias prae se ferunt is non minùs Ecclesiae nimiâ illâ licentiâ quà m immodicá illâ suâ severitate incommodasset Cop. dialog 2. p. 294. as Novatus did by locking up the mercy of God with his severer key If Nectarius saith he had abrogated private confession and opened the gap to every man with unwashen hands and souls to have free access to receive the body of Christ which peradventure the words if you take them generally may seem to import he had prejudiced the Church no less by that excessive licentiousness than Novatus had done by his immoderate severity Against these men we oppose the credit and authority that Nectarius had with the Churches of God for they were so far from imagining any detriment to arise unto the Church by this decree of his that they became all of his minde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib 7. c. 16. The Catholick Bâ—shops of those times approving and ratifying the same so Sozomen with the heretical conventicles it the use of Confession was retained but in the Churches of the Homousians or Orthodox believers saith Socrates it was antiquated Of whose side then are they which so sharply rebuke Nectarius (a) Harpsfield suprà Another rank of them seem to embrace the act but with a limitation that it was the publick confession and penance which he abrogated and not private confession but the addition to the Penitential which the Patriarch repealed and that was the erection of a Penitentiary to receive Confessions and unfold some sins unto the Bishop if needful that such might be ripped up in publick confession and this discipline as an appendix to the former was in opposition to the rigorous hand of Novatus suppressed But Bellarmine shall cope with Harpsfield Ista revelatâ—o est contra jus naturae Apostolicam recuâ—â—m l. 3. de poen c. 14. and tell him that cannot be because a Penitentiary having heard confession in private his mouth is so locked up that he cannot under any pretence reveal any sin so revealed unto the Bishop or to his Holiness himself though he should command it it being against the law of nature and Apostolical rule the (b) Ibid. Cardinal then hath restrained the story to these three posit on s and bounds 1. The first that notorious Penitents and publick offenders were subject to this penitentiary onely and that sinners for sins committed secretly might address themselves in confession to other Priests 2. The second that if any private sins and conscious to the sinner onely were confessed to this Penitentiary he was not bound to detect them but had his lips sealed up to secrecy 3. And lastly That publick sins onely and such as were known aforehand were by his command râ—hearsed by the Penitents before the congregation and publick penance undergone for them Against these fancies of the Cardinal I demand If publick sins and such as are come abroad into the world are here onely meant what need open sins to be opened in secret to a Penitentiary and why could not the Church proceed to censure notorious sins without that under-hand detection And what will this Jesuit say to another a greater Antiquary than himself Petavius who comes roundly off and tells us there was never any such thing as publick confession that neither publick nor private sins were openly confessed either by the Penitents in their own persons or recited out of a scroll by the Priests as generally hath been supposed from which common tenet he professeth his earnest dissent A qâ—ibus omnibus ego vehâ—menter dissentio neâ— adduci possim ut exâ—stimâ—m legem ullam in Ecclesia fuisse unquam ejusmodi quae peccata profâ—rri publicè decreverit D. Petav. animadvers in Epiphan haer 49. pag. 246. commentum publicae confessionis ingeniosè ac soleâ—ter excogiâ—â—runt quia alium exitum difficultatis expedire non possint Ib. nor can he be brought
but slowly on to shrift in those dayes and what may we then think of the Laity A. D. 1240. The same Edmund who moderated the Church of Canturbury in the time of that first Legat Otho made a Constitution concerning the behaviour and deportment of the Confesseur or Ghostly Father In confessione audienda hâ—beat Sacerdos vultum humilem oculos ad terram dimissos nec faciâ—m respiciat Confitentis maximè Mulieris patienter audiat quicquid dixerit in spiritu lenitatis supportet eam ei pro posse suadeat pluribus modis ut integrè confiteatur Peccata inquirat usitata inusitata autem non nisi à longe pâ—r circumstantias expertis detur modus confitendi inexpertis non dâ—tur occasio delinquendi at the time of shrift That he should sit with an humble look his countenance downward not once beholding the penitents face especially if a woman to afford a patient audience unto whatsoever shall be said and to support with the spirit of lenity to use all perswasions to extract a plenary confâ—ssion to enquire after usual and customary sins punctually and after strange ones afar off and by circumstances and with that discretion as to teach the penitents how to confess not how to transgress And adviseth the Confessor to pick out the greater sins as Murder Semper majora crimina praecipue notoria Majoribus reserventur Linwood lib. â—de Poenit. remiss c. in Confess Sacrilege Incest sins against nature c. for such as are of greater place and set them by as reserved cases for the Pope nor to grant absolution therein but at the point of death and that upon condition of their recovery they present themselves at Rome with Letters testimonial from their own Confessors of the nature and quality of the offence the Popes it seems had then seised upon fat sins as well as the fat of the Land this constitution was made about the year of our Lord 1240. But Richard sirnamed the great his predecessor A. D. 1229. Richardus Magnus and one that should have taken place of him however the Compilers of the Constitutions have set him behind for he was sacred Arch-Bishop in the year of grace MCCXXIX He made a very pious and necessary law That forasmuch as the soul far excelleth the body Physicians are strictly charged Cum anima longè pretiosior sit corpore sub interminatione Anathematis prohibemus ne quis MedicoruÌ„ pro salute corporali aliquid suadeat aegroto quod in periculum animae convertatur ut aegrum ante omnia admoneat inducat ut Medicos invocet animarum ut postquam fuerit infirmo de spirituali provisum medicamine ad corporalis mâ—dicinae remedium salubrius procedatur Linwood lib. 5. de poen remiss cap. Cum anima sub interminatione Anathematis under pain of the Churches Ban curse to recommend no such thing unto their Patients for the recovery of their bodily health which may not be undertaken without danger to the soul but before all things to exhort them to send for the soul-Physician and after spiritual physick hath been prescribed and provided and administred to the soul then to proceed in the name of God to give Physick to the body A Canon which if duly observed by our Physicians I am perswaded their Physick would work much better than it doth But now the Spiritual Physician is hardly thought of and his visits accounted ominous as if sin were not worth the healing or he wanted the power and cunning For after Luke the Physician and Zeno the Lawyer we send for Barnabas the son of consolation when the soul is sensless of his help and Ghostly comfort Bonifacius Uncle to Queen Elenor A. D. 1244. wife to King Henry the third and advanced to that Metropolitical See An. MCCXLIV provided against those that molested or any way hindred such that would do penance and be confessed Praecipimus ne aliquis praesumat impedire quin sacramentum poenitentiae unicuique petenti liberè impendatur spatium liberum confitendi quod potissimè propter incarceratos suadetur quibus saepius inhumaniter ne dicamus infideliter denegatur Lindw l. 5. de poen remiss cap. Cum sacramentum and appointed that convenient time be allotted for that sacred action and specially to prisoners who many times inhumanly and unchristianly are denied the use hereof or else so little time afforded unto them as to put them rather into danger of discomfort and desperation than matter of spiritual joy and consolation A. D. 1279. John Peccam who sate in the See of Canturbury An. Dom. MCCLXXIX Ordered that Parish Priests should diligently take heed Parochiales insuper sacerdotes caveant ne alicui dent corpus Domini nisi prius constet ipsum confâ—ssum fuisse testimonio judicio fide-dignorum Lindw l. 3. de Missar celebr c. Altissimus de terra that they administred not the Body of the Lord to any Communicant except it might appear unto them that such a person was formerly confessed by the testâ—mony and judgment of credible persons A. D. 1312. The next law or Constitution is of Walter Reginald who possessed the place at Canturbury in the year of our Lord MCCCXII He willeth the Priest to rip up the nature of the diseases Diligenter attendat sacerdos circumstantias criminis qualitatem personae tempus locum causam moram in peccato Sacerdos ad audiendum confessiones communem sibi locum eligat in locis absconditis non recipiat alicujus confessiones maximè mulieris talem injungat uxori poenitentiam ut viro suo non reddatur suspecta ne aliquibus injungat poenitentiam nisi cum restitutione consulat Episcopum vel alium qui vices ejus gerit aut provectos discretos viros quorum consilio certificatus sciat quos qualiter ligare possit absolvere manus absolutionis non imponi nisi se corrigentibus c. Lind. l. 5. de poen remis c. Sacerdos and to sift the circumstances of sin such as are the condition of the person the quality of the offence the time and place when and where the sin was committed all which must be spoken of in Confession He also appointed an open and visible place for shrift to cut off all occasion of scandal and suspicion especially when women make their approches admonisheth that Priests impose no such penance to the wife as to cause suspicion in the husband To be careful the nature of the offence requiring to injoyn such penance as may imply restitution to the party grieved To consult with the Bishop or his Suffragan or with experimented discreet Priests that he may know the better whom and what to bind and loose and where he seeth no probable signs of sincere contrition and no purpose of abandoning the sin confessed to suspend his absolution and to dismiss the sinner for