quomodo securus abis qui gregi tibi commisso omnem de se securitatem aufers c. How Epist 4. canst thou bee secure being absent when thy flocke cannot be safe or secure who shall comfort them in their tribulations provide for them in their tentations quid facient novellae plantationes Christi c. What shall the tender plants do set with thy hand who shall dig and dung theÌ„ about hedge them in prune them c. these duties it is impossible for non-residents to performe 8. That is not to bee suffered which bringeth apparant perill and danger to the flocke but this doth the absence of the Pastor when the shepheard is absent the wolfe commeth to devoure Ezek. 34. 5. they were scattered without a sheepheard and were devoured of all the beast of the field So Ambrose saith lupi explorant pastoris absentiam quia praesentibus pastoribus oves Christi incursare non possunt The wolues do wait for the pastors absence for while they are present they cannot invade the sheep of Christ Lib. 7. in Luc. 9. Non-Residencie doth lay an heavy burthen upon the pastors themselues God will require the sheep at the sheepheards hand Ezech. 34. 10. and if the watchman warne not the people When the sword commeth God will require their bloud at the watch mans hand Ezek. 33. 6. So Hierome well saith detrimentum pecoris ignominia Hier. ad Huriam pastoris the losse of the flocke shall bee a shame and confusion of face to negligent sheepheards 10. Wee will in the last place adioyne the consent and practise of the Church against The constitutions of the Church against non residentes Non-Residents First the Canons haue limited the time of the Pastors absence si intra sex menses non redierit c. If he that is Non-Resident returne not within six moneths hee must bee depriued Innocen 3. Greg. 3. 4. 11. Qui infra proximum mensem c. Hee that refuseth to be resident within one month let him bee deprived Synod Hildeshemen c. 16. But the ancient Canons giue not so much liberty Episcopus per tres Dominicos c. The Bishop must not bee absent aboue 3. Lords dayes from his Church Sardic c. 4. Oportet eos qui persunt Ecclesiis c. they which are set over Churches ought every day but especially the Lords day to teach the people precepts of Godlinesse out of the Scriptures Tertull. c. 9. Secondly the Canons punish such Pastors as are absent from their flockes he that returneth not to his Church oportet communione privari must bee put from the Communion Antiochen c. 17. as it is alleadged distinct 92. c 7. Et qui receperit amittat c. he that will not be resident let him leese that which he received and he that gaue it be deprived of his gift Later sub Alex. 3. c. 13 Thirdly Non-Residents are deprived of all priviledges or benefit of law Qui Ecclesiae non deservierit c. he that attendeth not upoÌ„ his Church must be deprived sublato impedimento appellationis without having any remedy by appeale Decr. Greg. 3 4. 6. non obstantibê° indulgentijs Apostol revoces eas ad residentiaÌ„ c. notwithstanding indulgence Apostolicall call them home to their Churches Decr. Greg. 3. 4. 16. 4ly Gratian the Empr. made a Law that advocates chosen to any place of government in their country should not extra eam evagari wander abrood from the charge Cod. l. 2. tit 7. leg 2. And Iustinian decreed that advocates aboue 3. yeares absent from the citty should lose their priviledge ibid. ti 8. l. 7. much more is the residence of Pastors required in their Churches who haue cure of souls if their presence be so necessary that haue charge onely of mens bodies and goods Obiections Answered 1. Obiect Many haue two parishes committed unto them which both will not make one living Answ 1. It were better the pastors should want maintenance then that many soules should perish for want of instruction 2. where the Church hath not maintenance inough of it selfe it is not helped by accepting of another for that Minister which is the others substitute is in want still so the parson is provyded for but neyther the place nor the people 3. in this case prouision may bee otherwise made for mayntenance then by pluralities as by disposing otherwise of impropriate tithes that such as are not yet improved might bee demised for the old rent to the incumbent preacher such as are improved should bee taxed with a convenient portion issuing forth to the preacher as also Churches may bee vnited for the same end which vniting is by the Canons allowed in 4. cases 1. for the paucity and fewnes of the people quae minus In what cases Churches may bee vnited decem mancipia habeat alijs coniungatur Ecclesijs Toletan 16. can 4. 2 propter vicinitatem loci for the neerenesse of the place as Gregory did vnite Cumanam Micenatem Ecclesias Vicinitas loci nos inuitat caus 17. qu. 1. c. 48. 3. When any Church is vasted or decayed post quam hostilis impietas diuersarum ciuitatum vastauit Ecclesias caus 16. qu. 1. c. 49. 4. si ita fuerint tenues in substantia If they bee so small in substance that they are not able to mayntayne the proper pastor Greg. 1. 14. 4. 4. This obiection helpeth not them that possesse many and rich benefices who are not driuen to haue pluralities of necessity but of an ambitious and covetous mynd and superfluity 2. Object Many haue but one parish c. which would require two or ten men to speak at once c. Answ Neither doth it follow because some parishes are large and haue many Chappels which would require two or ten men c. that therefore a man may be as well non resident in diverse Parishes 1. the one is a non residence necessary it being but one parish by the law the other voluntary the Chappels are united for neerenesse of place and want of sufficient maintenance but some haue Churches far distant which each of them would suffice for the Pastors sustentation therefore the reason is not alike 2. Such What course should be taken with large parishes large Parishes might without any inconvenience bee devided as large Diocesses haue been shared into diverse as the Bishopricke of Tholouse was devided into fiue Extravag com lib. 7. tit 2. cap. 5. And heere in England the Diocesse of Ely and Oxford were taken out of Lincolne So also large Parishes might safely be apportioned into more Propter nimiam distantiam Ecclesiae c. For the great distance of the Church a new may bee builded in the parish and a certaine portion of maintenance bee allotted This liberty Alexanber the third granted in his rescript to the Arch Bishop of Yorke Decret Greg. lib. 3. tit 48. cap. 3. 3. Or else he that is Rector of the Mother Church ought
to provide sufficient maintenance for the Chappels as Vrbane the second tooke order in the Placentine Synod Si quae capellae sunt quae suis reditibus c. If there bee any Chappels which are not able by their revenue to maintaine the Clerkes the Rector of the mother-Church shall provide both for the maintenance and Ecclesiasticall duties in the Chappels The like constitution was made Consil Oxoni sub Stephan In singulis parochialibus Ecclesijs c. In every parish church where the Parish is scattered there shall be two or three Presbyters according to the largenesse and ability of the church lest when one is sicke the ordinary duties should be withdrawne Object 3. It hath been permitted by wise and godly Magistrates that haue given way unto it c. Answ 1. If Princes haue given way by their lawes to non-residency forced through the iniquity of times to tollerate that which they could not altogether remoue that doth no more make it lawfull then for the same reason vsury should be approved because in some positiue lawes it hath been in some cases permitted 2. If it hath been in some cases and in some persons permitted and them of best desert this is no excuse for non-residency for most parsons that will and many of them of meane desert and upon small colour and occasion as it is now practised 3. Princes rather and other Magistrates civill and Ecclesiasticall haue by lawes more restrained then permitted non-residency as hath beene declared before arg 10. Obiect 4. That it is absolutely unlawfull c. neither hath beene proved or euer will c. Answ Absence from the flocke for a time upon necessary occasion is permitted both by the Scriptures and by the ancient Canons As 1. for the service of the Church as Paul saith Bring Mark with thee for he is profitable unto me to minister In what case the pastors absence is permitted for a time from his flocke 2. Tim. 4. 11. So Ambrose Paucorum dierum occupatione detentus c. being detayned ā few daies called away by the necessities of another Church I haue been absent from your Assemblies Ser. 28. Pro servitijs Ecclesiae c. A man may bee absent for the seruice of the Church as being present at Councels disputing against heretickes and such like Decret Greg. lib. 3. tit 4. cap. 13. 2. When the flock it selfe doth pursue their Pastor Si quis plebis c. If any man be absent because of the opposition of his people Antioch can 18. In this case Paul shooke off the dust of his feet against the Iewes and turned to the Gentiles Act. 13. 46. But it is not the stubburnesse of a few that should make a man leaue his flock as Augustine excellently sheweth Thou wilt say Feci omnia nihil me video profecisse c. I haue done what I could yet I profit not I would I might rest somewhere else Oh that I had the winges of a doue c. Thus men say Sed plerunque ita ligantur ut volare non possint ligantur non visco sed officio But they are bound they cannot flie not with bird lime but in duty Therefore seeing they cannot forsake their flocke let them say with the Apostle I desire to bee dissolved and be with Christ Aug. in Psal 54. It must not be then the perversnesse of some but the resistance of the whole flocke which should force a man to depart in this case 3. For healths sake the Pastor for a while may be absent as to change the aire or when he is deteyned by sicknesse as Epaphroditus was kept from the Phillippians Phil. 2. 26 27. So Gregory caused one to be restored Qui aegritudinis causa per duorum mensium spacium Ecclesiae defuit which by occasion of sickenesse had been absent two moneths Caus 7. q. 1. cap. 3. As Augustine when he was sicke removed from Hippo. Epist 56. 4. In time of persecution our Saviour alloweth to flee from one Citty to an other Mat. 10. 23. Metu hostilitatis caus 7. qu. 1. cap. 42. But doth it therefore follow if for a time upon those necessary occasions the Pastor may be absent that therefore he may upon an ambitious covetous humor and at his pleasure and that very often or continually absent him selfe Object 5. In what congruity may hee bee counted an idle non resident that is alwaies present in some part of his charge c. Ans And is it enough that a man at some time and in some part of his charge take pains what dawbing is this Then giue a man 10 or 20 Benefices for he may at some time and in some one of them doe a little duty Let us bee ashamed that professe the Gospell to use such cloakes which the Church of Rome hath rejected Later par 29. cap. 6. This is rendered as a reason why one should not haue diverse offices in diverse Churches Quia singula officia quae sunt in Ecclesijs assiduitatem exigunt personarum Euery office in the Church requireth the assiduity of the persons Colon. part 1. cap. 32. Vnus Presbyter per omnes sibi commissas Ecclesias solus nec persolvere potest c. One Presbyter cannot do all the duties in all Churches committed to him Mogant cap. 64. Vnus pluribus Ecclesijs curam impendere necessarium nequit One cannot take care for many Churches Object 6. There are no more intollerable non residents then some c. Ans That some of the Petitioners or such as favour them are intollerable Non-residents are but idle words and are worthy of no answere The Confuters shall never bee able to shew any such thing Object 7. It is impossible as church livings Vntruth Non-residents helpeth not but hinder a learned Ministerie are now allotted that non-residency should not be permitted and yet a learned ministry maintained Princes and Peeres attended upon c. Ans Non residency nourisheth an unlearned Ministry so far is it from maintaining a learned when poore Curates are constrained to serue for small stipends and as the Synod of Collen truly complayned Colouiens sub Alph. med 3 c. 9. Churches are spoiled of their due services Meliores qui laborare in Ecclesia cupiunt excluduntur They which would doe more good in the Church are excluded As though Princes and peeres were not able to maintaine Chaplens to attend upon them but such as liue of their flockes where they labour not It is ambition that draweth such to Princes Courts not any necessary service which is contrary to the Canons Sardicens cap. 8 9 10. Episcopus ambitione magis quam Deo servire si videbitur c. A Bishop rather for ambition then Gods service going to Court must bee depriued yet his Maiesty as reason is may haue to preach before him men of the best gifts without any long absence from their flockes Bernard when Pope Innocent sent for him refused to goe making Epist. 153. his
manifest but Canonicall monition going before The manner is that the apparitor cannot personally cite the party to be summoned hee useth to leaue word at his house if he come not at the day he is forthwith as contumacious excommunicate Heerein a double errour is committed for if a man never appeared in the cause before the iudge he cannot bee cited at his house unlesse he can not be personally apprehended and againe he that is not personally cited is not verè but interpretative Linwood de iudic c. item vers decernimus ibid. v. personaliter contumax in the iudgement of the sounder Canonists VVherefore it is evident by these reasons that Excommunication goeth forth often for trifles 12 peny matters not for contumacy or contempt 5. If Excommunication bee sent forth onely for contempt where the originall is but a trifle and a twelue penny matter then what needed all those cauteles by Councels ne quenquam pro parvis levibus causis c. that none should bee excommunicate for small or trifling matters Aur. 3. c. 2. Vormatiens c. 13. Avernens as it is cited caus 11. q. 3. c. 42. for by this evasion there shall be no trifling matters at all but the pretence and colour of contempt shall countenance excommunication VVherefore the request of the Petitioners is agreable to the Scriptures and Canons that none be excommunicate for trifles The 2. Enormity against Excommunication without the consent of the Pastors Reasons and arguments to proue that Excommunication ought not to proceed from one alone but by the ioynt advise of the presbyters Pastors 1. EXcommunication should bee exercised by the Church that is an assemble math 18. 11. tell the Church c. If he will not heare the Church let him bee as an heathen and publicane Origene vpon these words saith tertio coreptionem mandat ad Ecclesiam deferendam c. In the third place he will haue the correction brought to the Church In the second he will haue two or three witnesses to bee vsed So Chrisostome vnderstandeth Episcopos praesidentes Ecclesiae The Bishops or Pastors and presidents or governors of the Church in Mat. 18. But one or two make not a Church for this were a preposterous course to proceed from one to two or three then to go back agayn to one Hierome writeth well concerning Iohn Hieron pammach Patriarke of Hierusalem An tu solus Ecclesia es qui te offenderit a Christo excluditur tibi soli licet Ecclesiae iura calcare tu quicquid feceris norma doctrinae est Are you alone the Church that whosoever offendeth you is excluded from Christ is it lawfull onely for you to tread under foote the rights of the Church whatsoever you do is it a rule of doctrine Ergo one man not being the Church cannot excommunicate 2. The government of the civill and Ecclesiasticall state are unlike c. But yee sha not be so Lu. 22. 25. But they rule alone as Monarchs The Kings of the Gentiles reign over them Ergo Bishops or other officers of the Church ought not to governe alone There ought ro be no Monarchy in the spirituall regiment of the visible Chur. as Monarchs in the Church and so not excommunicate alone This place is urged by a learned VVriter against a monarchy in the visible Church Quid apertius nisi expectetis ut locum proferamus ubi dixit apertè vos monarchae Ecclesiae esse non debetis What could bee sayd more plainly D. Sutcliffe l. 1. de opt Reip. statu cap. 7. unlesse you would haue us bring forth a place where Christ should say in plaine tearmes Yee shall not be Monarches of the Church As there ought not then to be a Monarch over the universall Church so by the same reason neither should there be any Ecclesiasticall Monarch over a Province or Diocesse Arg. 3. If S. Paul who had Apostolicall power would not excommunicate the incestuous person amongst the Corinthians without the consent of the Pastors and spirituall governours much lesse ought any Bishop Archdeacon c. do so now But the first is evident that S. Paul excōmunicateth together with the Pastors of Corinth the Apostle sent not onely his mandate to the Corinthians for them to execute but that the power and right of excommunication was ioyntly with the Apostle in the Pastors of Corinth as it may appeare by these reasons Ergo. 1. The Apostle rebuketh them for that they had not put him from them already before he had written to them vers 2. 2. They which had power to reconcile had power also to excommunicate For Eiusdem est ligare soluere It belongeth to the same to binde and to loose But the Pastors of Corinth haue power to reconcile 2. Cor. 2. 10. To whom you forgiue any thing I forgiue also c. 3. It is not like that the Church of Corinth had no power to excommunicate without the Apostle for then should they haue wanted a principall poynt of discipline when the Apostle was absent in remote places from them 4. The words of the Apostle doe evidently giue unto them the iudgement of Excommunication Doe yee not iudge them that are within 1. Cor. 5. 12. Vpon the which words Augustine thus writeth Aug. hom 50. c. 12. ut citatur caus 2. q. 1. ◠1◠Quibus verbis satis ostendit non temere aut quommodo libet c. By which words hee sufficiently sheweth that not rashly or howsoever but by iudgement the evill are to be removed from the communion of the Church Arg. 4. All that haue authority to preach haue power to binde and loose as the Apostle saith Wee are the sweet savour of Christ in them that are saved and in them that perish 2. Cor. 2. 16. Our Saviour giveth one generall commission to his Apostles and all faithfull Pastors their successours Whosoever sinnes yee remit they are remitted Ambrose saith Remittuntur peccata per Dei De Cain Abel l. 2. cap. 4. verbum cujus Leuites interpres executor est Sinnes are remitted by the word of God whereof the Minister is the interpreter and executor Basil saith Confession of sinnes must necessarily he made to them to whom the dispensation of the mysteries of God is committed Our English confession saith Seeing In regal contractioribus q. 288. Horn ser 11. one manner of word is given to all and one onely key belongeth to all wee say there is but one onely power of all ministers as concerning opening and shutting But all pastors haue authority to preach Ergo to binde and loose and consequently to excommunicate It will be answered that there are two kinds of administratiō of the keys a spirirituall in remitting retayning of sins externall in releasing the outward censures of the Church The first belongeth to all Pastors and the preachers of the Church but not the other Answ 1. Our Saviour Christ comprehendeth the whole
for these things to take away many a true Sheppard and to commit or leaue the flock unto many a Wolfe and blind guide which will either make havock of them or lead them into the ditch of destruction Thirdly to leaue the Papists cause wholy 1. by retaining their ceremonies 2. suppressing our best Ministers 3. by withdrawing or mis-spending the gifts of themselues and others to mutuall brawles and so to giue them rest to mischiefe the Church and increase their Synagogue 4. by opening their mouth to blaspheme the Gospell by these our mutuall brables Fourthly to driue many hereby on the rock of Schisme and lamentable Separation the plentifull experience whereof hath bred much griefe in the hearts of the well affected Fifthly to undoe so many Ministers and their families of very good desert of the meanes of their maintenance to their utter undoing being so fitted for the Ministerie and unfitted for any thing else Sixthly to cause the Sabboth a morall precept of God to bee prophaned for ceremonies of mens addition and that in so many places of the Nation Seventhly to punish the people for the fault of their Pastor if any be For it is the Minister that conformeth not but by his silencing the people are plagued Pro. 29. 18. Hosea 4. 6. This is iniustice to punish one man for the offence of another Eightly to do a thing cleane contrary to that themselues pray for at least which Christ commands to pray for For Christ commands his to pray to the LORD of the harvest that he would thrust forth labourers into his harvest which when he hath done they thrust them out Math. 9. 38. Ninthly it utterly undoeth the Minister a painfull labourer of Iesus Christ as also his wife and children and disableth them to liue which by Gods apoyntment should be maintained 1. Cor. 9. 14. yea well maintainded 1. Tim. 5. 17. This is opposite to the law of loue Iustice Whereby it doth manifestly appeare that the Authour is very grosly abused because his whole minde is not published but so much onely as best serveth the Prelates turne a trick not unusuall with them for their advantage Witnesse amongst others the English translation of Bucanus his Common places Whereout the Authours discourse touching Discipline translated by Doctor Hill yea imprinted is taken and a discourse of Bishops governement put into the roome thereof both without Doctor Hils knowledge Nay hath not this Index expurgatorius tampered with the holy Scriptures themselues Obserue for the present but two places Act. 14. 23. is thus translated not onely in the Geneva but also in the former Church translation And when they had ordained them Elders by election But the new translation with the Rhemists leaveth out these words by election Why It is not to be suffered that the people should haue any hand in chusing their ministers but papal Bishops must do all 1. Cor. 12. 28. is translated both by the Geneva and former Church translation Helpers Governors but the new translators herein worse then the Rhemists translate it Helpes in governments foisting into the Text this preposition in Why They cannot abide Elders to assist the minister in governing Christ his Church So that Curchwardens are but the Prelats promoters But we must passe by this as their natural weaknesse seeing it is sucked in with the milk of their mother scil the Church of Rome from whom they haue receiued their callings also these corruptions thus by them pleaded for together with this unscholler like nay dishonest means of upholding the same 2 The tearmes of the main conclusion of the whole Tractate are to be considesidered scil It is necessary for a Minister to conforme to the ceremonies prescribed in the Church of England rather then to suffer deprivation Where it is to be noted 1. that he speaketh not one word in defence of the subscription required and yet most if not all these that are debarred from the execution of the worke of the Ministery in our Churches whether they haue been heretofore silenced or not are debarred principally for refusall of the sayd subscription To very little purpose therefore are his foure inferences layd down in the third page of his book nay in truth to very little purpose were his whole book were he able to iustifie all he hath written which all wise men may easily perceiue that he is never able to performe 2. That he speaketh so saintly for those ceremonies that not daring to say the required conformity is necessary either in it self or in respect of the Magistrates command he sayth onely this That it is necessaty rather then to suffer deprivation So that as in the Paragraph gelded by the Prelats it is evident that extra casum deprivationis a Minister is not to bee blamed for not conforming to them in this Authors iudgement nay that the Prelats are rather utterly to be blamed for requiring Conformity thereto 3 Every of those three arguments whereby hee endevoureth to proue this conclusion falleth as much too short of proving the conclusion as the conclusion it selfe doth of condemning the silenced Ministers of sin for not conforming rather then to suffer deprivation which are not deprived for not conforming but for not subscribing which he himselfe amongst his religious friends hath often both of old and also of late professed he neither would nor could yeeld to do for any mans pleasure under heauen what losse or punishment soever he suffered therefore The first Argument drawne from the doctrine and practise of the Apostles who taught that the Iewish Ceremonies were beggerly rudiments Traditions Will-worships Doctrines of Men c. and yet did practise the same besides many other iust exceptions is guilty of the fallacy à bene divisis ad male coniuncta seeing it is altogether as false that the Apostle did so teach and yet so practise in the same Churches as it is true that they did so teach and yet so practise at all For among the Iewes and in their Churches onely did they so practise to whom those Mosaicall Ceremonies were even lately before the saving ordinances of God given by God himself for their edification training up in religion to eternall life And the Author hath utterly failed to proue that the Apostles did so teach as is abouesayd in any of those Churches but onely in the Gentile Churches to whom they were never given by God to any such end nor indeed at all and there the Apostle Paul would not by any meanes suffer the use and practise of those Ceremonies to bee brought in no not for the space of an houre Galath 2. 5. but rather sharply reproved Peter and Barnabas openly and to the face for giving way thereunto Gal. 2. 14. lest by building againe the things hee had destroyed he should make himselfe a transgresser Gal. 2. 18. And hereto agree the rest Acts 21. 25. And if hee would not giue way no not for an houre that the Mosaicall Ceremonies should
cause misiudged for the persons fault Delictum personae Reg. Iuris 37. Reg. Iuris 76. non debet in detrimentum Ecclesiae redundare 1. Enormity against Excommunication by lay persons 1. THeir first defense is that whatsoever the Chancellour doth on this case he doth it in the authority of the ordinary Answ 1. It is a question whether the Bishop himselfe the Archdeacons or any other ordinary alone haue any power to excommunicate VVe are sure that neither Scripture or example of the primitiue Church will beare them out in it Our Saviours rule is Dic Ecclesiae tell it to the Church after the contempt whereof the party is to be held as an heathen publican that is to be excoÌ„municate But never was it yet heard that one man should stand for the Church That Dic Ecclesiae in some mans constructioÌ„ should be dic Episcopo dic CaÌ„cellario dic Officiali as the Papists wrest this place dic Ecclesiae that is dic Papae dic Pontifici Romano but of this matter more shal be said in the end of this treatise Then if they haue not this power in themselues they cannot transferre it to another as the law saith Nemo potest Reg. Iuris 79. plus iuris transferre in alium quam sibi coÌ„petere dignoscatur No man can giue more to an other then hee hath himselfe As the comparison is presumptuous to compare the Bishop to the King the Chancellour to the Lord Chancellour so the case is not alike for a civill power may bee committed over to others but a spirituall power cannot be transferred but ought to bee executed in every mans person as the Apostle saith hee that hath an office let him attend upon his office Rom. 12. 7. Salomon Cant. 8. 11. 12. No substitute in duties spirituall in the Canticles sheweth the difference of the Civill and Ecclesiasticall administration Salomon gaue his vineyard to keepers but my vineyard saith Christ which is mine is alwayes before me As wee mislike that Christ should haue any vicar in earth so neither should any of Christs ministers execute their charge by their vicars S. Peter 1. Pet. 5. 2. saith Feed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the flocke which is in you that is alwayes in your sight The Canon law sayth Non potest esse Decr. Greg. lib. 5. tit 40 c. 5. Pastoris excusatio si lupus oves comedit pastor nescit It is no excuse of the shepheard if the Wolfe devoure the sheepe to say hee knowes it not It was never well with the Church since Prelates taking more upon them then in their own persons they could discharge committed their spirituall affaires to Deputies and Vicars Of this abuse Eckius a man otherwise bad enough complained in the popish Church Nostrates praelatos ordinem Apostolicum invertere c. Our Prelates invert the Apostolicke order who thinking spirituall things too heavy for them to beare doe use the helpe of Suffragans in their Pontificals of Officials in their Iudicials of Penitentiaries in absoluing sinners of Monkes in Preaching Iodocus Clictoveus in his sermons was wont thus to Hom. 2. de Stephano taunt such Adibunt per vicarios in paradysum in persona inferos Such shall by their vicars goe to heaven but in their own person to hell 3. Though the Ordinary had power to excommunicate alone and might transferre that power to another yet lay persons alone are not capable thereof For Christ when he sayd Whose sinnes yee remit are remitted whose sinnes yee retain are retained spake onely to the Apostles and Ministers Hereunto the Canons agree Indecorum est laicum esse vicarium Episcopi c. It is unfit for a lay man to be a Bishops vicar and secular â—ispel 2. c. 9 persons to iudge in the Church and a divers profession to be in one office And by the same Canon the Bishop that shall make a lay man his vicar is held to be Contemptor Canonum A contemner of the Canons But nothing is now more usuall then for lay men Civilians to be Chancellours and Vicars generall to Bishops The second defence The Chancellor Officiall Commissary decreeth the party to be excommunicate a Minister associate vnto him by exprresse authority from the Ordinary denounceth the sentence of excommunication Ans p. 22 Answ 1. This is but a new tricke and frivolous device who knoweth not the Minister assistant to the Chancellour who is for the most parte of the meanest and simplest of the Clergie is but a Cyphar he doth nothing but by his masters direction excoÌ„municateth and absolueth at his pleasure contrary to the Apostles rule to Timothy I charge thee c. that thou obserue these things without preiudice or prefering one 2 Tim. 5. 2 before another and doe nothing partially 2. By the Provincialls no sentence of Excommunication is good but in writing Linwood de senten excommun 6. sententiae latae sine specialibus literis dominorum quorum interest non ligant VVherfore this sentence of the Minister beeing not extant in writing vnder his seale and so deliuered is of no value in Law and the people vnder this colour are abused 3. It is vnlawfull for a lay Ciuilian in cases which appertayneth to correction to send out citations or to decree excommunications he must neither Investigare inquirere punire corrigere excommunicationum literas decernere And as he cannot doe it in his owne name so neither can he by the Law publish excommunications in another mans name The Law is Quod alicui suo non liceat nomine nec alieno Reg. iuris Bonif. 67. Linwood de licebit And the prouinciall is flat Ne laicus quouis exquisito colore sub suo uel alieno nomine c. that a lay person by any pretense 〈◊〉 coniug cum ex 1. vnder his owne or others name doe exercise no iurisdiction spirtual whatsoeuer And all such citations excommunications and processe are voyd not onely if the iudge bee a lay person but the Register also Thirdly they vse but the aduise and Ministrie of a wise ciuilian in decreeing who is to Ans p. 22. bee excommunicate Answ 1. If had beene to bee wished that Ecclesiasticall persons had not medled in such affaires wherein they haue no skill according to the auncient Canons Episcopus tuitionem testamentuÌ„ non suscipiat Carthag 4. 18. That the Bishop should not take vpon him the tuition of a testament Clerici ad sacrum Ministerium electi actibus saeculi renuntient Clergy-men must renounce all secular acts Auerens can 12. The Apostle saith no man that warreth entangleth 2. Tim. 2. 4 himselfe with the affaires of this life whereupon Ambrose well writeth Ecclesiasticus officium impleat quod spospondit a seculari Amb. in 2. 2. negotio alienus non enim convenit unum duplicem professionem habere a Clergie man must bee free from secular businesse for it is not fit that one should haue a
they forbid a presbyter Benedictionem super plebem in Ecclesia fundere To pronounce benediction or blessing over the people in the Church Agathens can 30. 5. Nay it was not lawfull for the presbyter the Bishop being present either to pray or doe any sacred action vnlesse he were bid Gelas decr 8. 6. But it was too painful for the bishop to take vpon him these ministeriall functions of praying preaching celebrating the Sacraments and therfore they were content to remit these duties to the Presbyters But confirmation was appropriated vnto Bishops Disce hanc observationem ad honorem Hier. advers Luciferan esse potius sacerdotij quam legis necessitatem This observation is rather for the honour of the Preisthood then by necessity of any Law 7. But yet in Hieroms time though presbyters â—dicens â—6 17. were excluded from ordination and coÌ„firmation they enterposed themselues in the iurisdiction of the Church Nos habemus Hier. in Esa 3. senatum nostrum c. As the Romanes had their Senate so the Church had a presbitery by whose counsell all things were done Thus by litile and litle haue Bishops nibled vpon the presbyters leaving them the laborious works and taking the honors to themselues VVe desire that things onely may returne to their first institution Obiections answered 1. Obj. SAint Paul himselfe alone did deliuer Two kinds of delivering up to Satan Alexander and Hymeneus to Satan that is excommunicate them 1. Tim. 2. 20. Therfore excommunication many be decreed by one Answ 1. VVee may here vnderstand a double kind of deliuering vp to Satan Extraordinarie How S. Paul deliuered up to Satan when as satan did torment the bodies of such as were delivered vp as Satan tried Iob thus thinketh Chrisost vpon this place for like as the Apostles had then the gift of healing to lose faithful men froÌ„ the bonds of satan so had they power to giue over the obstinat to satan This power extraordinary might be executed by the Apostles Act. 5. Act. 13. alone as Peter did upon Ananias Saphira and Paul vpon these two blasphemous persons There was an odinary delivring vp to Satan by Excommunication quia diabolo traditur qui ab Ecclesiastica communione â—erbis Apost ser 98. removetur Because he is deliuered to the deuill that is remoued from the fellowship of the Church for without the Church is the diuell August This kind of delivering to Satan Paul excercised together with the Church 1. Cor. 5. 5. 2. Or rather taking this for the same kind of delivering to Satan there mentioned The Apostle is named here not as the sole but principall agent as in another place hee maketh mention only of the imposition of his hands 2. Tim 1. 6. yet the presbytery imposed hands with him 1. Tim. 4. 14. So then here the Apostle onely expresseth the act done that they were delyuered as for the maner how it was done we must haue recourse to the Apostles practise before in the Church of Corinch as Chrisostom well noteth on this place quommodo illum tradiderit audi congregatis vobis spiritu meo c. But how the Apostle delivered him heare Hom. 5. in 2 Tim. c. 1. when you are gathered together and my spirit and so he referreth vs to that place 1. Cor. 5. 2. Object There the Apostle did send his mandate and the rest did but execute it Paul Parpet gov p. 125. asked not theyr consent but tried theyr obedience For this cause did I write that I might see the proofe of you whether yee would bee obedient in all things 2. Cor. 2. Answ 1. If followeth not because the Apostle tried their obedience therefore â—dicens â—6 17. they had no power to excommunicate for they were to bee directed by the Apostle in their administring and executing of that power 2. So as they in their spirituall obedience were to forgiue where the Apostle would haue them to forgiue so there was in the Apostle a mutuall correspondence to forgiue where they did forgiue 2. Cor. 2. 10. There was then a concurrance of theyr powers in this action 3. That the Church of Corinth did concur as principall agents not as Ministers onely with the Apostle in this act of Excommunication is shewed bfore arg 3 Obj. 3. We will allow every Pastor and preacher the key of knowledge to discerne but not the key of power to excoÌ„municate and absolue Answ 1. These 2 keyes of knowledge and power though in some respect they differ Of the key of knowledge and the key of power yet in vse they ought alway bee ioyned together and in effect are the same for the key of power is the key of the kingdome of heauen giuen to Peter and the rest of the Apostles math 16. 19. I will giue thee the keyes of the kingdom of heaven soe the keye of knowledge is that wherby heauen is opened as our Saviour sayth Luc. 11. 92. Wo vnto you interpreters of the Law for you haue taken away the key of knowledge as Ambrose sheweth clauem Petri fidem esse dixerim petri per quam Ambr. set 38. caelos aperuit the key of Peter I call the faith of Peter by the which he opened the heavens 3. As then the Priest in the law did not onely discerne betweene leper and leper but did giue sentence of separation so the Pastors which haue the keyes of discerning should haue the key of excluding or receiuing who is able better to iudge then he that can discerne 4. The corrupt extravagant that brought in the disioyned vse of the keyes confesseth ad aliquid convenienter definiendum vtraque Extrav Ioan it 14. c. 5. clauis cognossendi definiendi necessaria requiritur to define any thing well both the keyes of determining and discerning are necessary Object 4 The priuate vse of the keyes in appointing offenders to forbeare for a tyme Perpet gov p. 316. the Lords table wee deny not to presbyters but not the publicke vse to exclude an impenitent person from all fellowship of the faithfull Answ 1. This distinction of the priuate and publike vse of the keyes is but an humane invention the Scripture knoweth no such difference he that hath right to the one hath interest in the other the generall commission giuen to all pastors is Whose sins yee remit are remitted Here is no Ioh. 20. 23. limitation of remitting publikly or privatly 2. it is more to separate from the sacramets then from the prayers only of the Church He then that can doe the more is inabled to doe the lesse 3. The Canons doe take those for all one Communione Sardicens can 16. 17. priuare abijcere To depriue of the communion and cast out Exterminare de Eeclesia separare a communione To thrust out of the Church and put from the Communion 5. Object If Bishops haue any further auhoritie then standeth with good reason and the