c. 5. that have made more Conscience of the safety of their Anointed Soveraign than of the secrecy of this seal A Gentleman in Normandy confessed unto a Franciscan how he had a purpose to have slain King Francis the first but that he repented thereof the Frier absolved him but kept not his counsel revealing the matter to the King who commended it to the Parliament at Paris where the cause was heard and the Traytor adjudged to suffer pains of death and the Frier not so much as questioned for the breach of the seal For the like offence and by the Arrest of the same Court Hist de Paris pag. 305. was the Lord of Haulte-ville executed who in the time of sickness being like to die confessed the like purpose of murdering his Prince he recovering of his sickness and being accused of his Confessor had judgment to die for Treason And not many years since one Peter Barriers was tormented upon the wheel by the Hist de Paris pag. 144. judgment of the Lord Steward of the Kings houshold for that at Lyons he had confessed unto a certain Jacobine a resolution to destroy his Soveraign the Confessor being not able to take him off from his hellish design revealed the same to the Secretary of State whereupon the Traytor was apprehended and deservedly executed And at home a Noble Historian mentioneth Lord Bacons hist of King Hâ—nry 7. pag. 125. that when Perkin Warbeck had personated Richard Duke of York smothered in his infancy so at life as he could hardly be discerned from the Duke himself and found many and great adherents Henry the VII that prudent Prince being lost in a wood of suspicious and not knowing whom to trust had intelligence with the Confessors and Chaplaines of great men Imagining that through those peâ—ping holes he might discern mens thoughts and take the depth of their hearts and sound their affections and as Confessors are too oft the bars to keep in so they may sometimes be the keys to unlock treacherous attempts And such was the fate and fall of a great Peer of this Land Hall Chron. An. RR. Henrici 8.13 He was executed May 17. 1522. Edward Bowhen Duke of Buckingham where a Monk instilled and induced the Duke to the treason and John Delacourt Priest his Confessor was one that accused him who by his Peers was found guilty and had judgment by the Duke of Norfolk then Lord high Steward and for that offence lost his head And lastly James Hamilton Arch-Bishop of Saint Andrews in Scotland was executed as accessary to the Parricide of the King of Scots Ex judicio sacrifici qui hoc quondam ex Regicidis inter confitendum se audivisse affirmarat Cambd. Eliz. ad An. Dom. 1571. pag. 192. Grandfather to our late Soveraign upon the accusatioÌ„ of a Priest who gave in evidence that some of the traytorous Parricides had in confession detected so much unto him For mine own part I confidently aver there is no honest Priest in offences of this nature that concern the safety of the sacred Person of his Soveraign or the State that will give sleep to his eyes or slumber to his eye-lids till he shall have unfolded the same to the Magistrate next at hand Action against F Garnet pag. 99. Yea Garnet himself arraigned for his treachery in this point openly said I willingly acknowledge such laws as forbid treasons to be concealed to be just and wholesome for it is not fit that the safety of the Prince depend upon another mans conscience and accordingly doth a Frier of their side conclude in certain Articles maintained in the Vniversity of Paris Potest quis id quod novit sub sigillo Secreti manifestare si id quod novit vergit in detrimentum Reipublicae vel in perniciem totius communitatis Jacob. Lup. tract de Confes Propos 36. A Priest may discover that which he had notice of under the seal of secrecy if that which he knoweth tend to the detriment of the Common-wealth or to the destruction of the whole Commonalty Sins then or treacherous attempts against the dignity of the Crown or State or the fundamental laws thereof as dangerous or destructive of the publick good must be held in under no seal and folded up in no secrecy but brought into the light that the danger may be averted and the offender punished and all others warned to be faithful and obedient For in just fears even divine positive laws lose their hold and obligation Religion commanding such things which make ad lucrum custodiam charitatis saith Saint Bernard for the gain and preservation of charity But whatsoever and whensoever they prove contrary unto charity and destructive thereof Si contraria fortè charitati visa suerint nonne justâ—ssimum esse liquet ut quae pro charitate inventa fuerunt pro charitate verò ubi expedire videtur vel omittantur vel intermittantur vel in aliud fortè commodius demutentur Bern. tract de dispens praecepto It is very just that such ordinances as were made for the good of charity if they appear prejudicial to the same should be omitted or intermitted or for charities sake altered into better as the Father prudently adviseth And what greater breach can there be of charity than to rake up such offences under silence by the concealment whereof the King and State may be so highly impaired and the just laws thereof not executed upon the Malefactors Thou wilt say what must be done in these cases where the sinners conscience is perplexed and cannot be quieted without confession and absolution from a Priest and confess he dare not for fear of detection Indeed many are the reasons that fight for the seal but more that fight against it And in cases of this nature I say what have I to do to judge these things that are without the law of charity and secrecy and further say how I could heartily wish them known that the offenders may be made manifest and punished and the peace of the Realm secured Although the Casuists are generally concurrent in this That such sins may be omitted in Confession as would either scandalize the Confessor indanger the Penitent or defame a third person Setting aside then sins of this nature I could very well approve of a fitting privacy in the carriage and exercise of this Ministerial function P eâ—a râ—velantis Confession m quod ultra pâ—â—â—alum mâ—rtâ—â—â— lâ—bâ—t detâ—â—di in Monastâ—â—ium depoâ—i Sum. Angel verb. Confes ult nu 19. Marriage in the Clergie no obstacle to the seal and wish those Canons revived that punished the betrayers and publâ—shers thereof with deprivation and loss of all spiritual preferments and with incapability for attainiâ—g any future advancements It will be here said How can any penitent secure himself of such secrecy at the hands of the Married Clergie As if the relation of a husband were not distinct from the office of
his trespass with the principal thereof and add unto it the fifth part thereof and give it unto him against whom he hath â—râ—spassed Materia restâ—tutionis latissima quidem sed valdè necessaria Bâ—ell l. 4. d. 15. Q. 2. The point of restitution is indeed of great latitude and great necessity a doctrine too sowre for the palat of our times and we can no more away with it then with Confession Oh preposterous shame we blush not to commit sin but to confess we blush not to do violence but to restore that speech of Augustine is grounded upon infallible truth The sin is not remi ted Non dimittitur peccatum nisi restâ—tuatur ablatum except what was deteined be restored If thou hast not a mind to augment the principal four-fâ—â—â—â—s Zacheus did yet add â—th thereunto as the Law enjoyned or at least the Principal as reason willeth Lex â—stâ— loquitur in casâ—â— in quo aliquis poenitentiâ ductus vult sadere satisfactionem proximo Lyra. in loc This case of Confession is unto man as damnified together with God and therefore he likewise this way is to be satisfied the offender voluntarily detesting and detecting the fact tendring satisfaction and desiring reconciliation Here the Rhemists exceed the bounds of the Tridentine faith in affirming that a general Confession under the law sufficed not for purging sins and that sinners were bound by a divine positive law to confess expresly and distinctly their sin which they had committed Rhemists An. 10. upon Num. 5. Tom. 1. pag. 333. whom I send to Cardinal Tolet a man of more judgment then all their College to be corrected who ingeniously confesseth that not so much as a purpose to confess was necessary in the old law for my part I verily believe Propositum consitendi non fait necessarium in veteri lege Tolet. tract de confes the same divine law for confession that is in force under the Gospel to have been a law for Gods people at all times and of like necessity to all penitents and that the Priests after the order of Aaron had power to make the atonement as well as those after the order of Melchisedec to grant the absolution both in their several kinds being Ministers of Reconciliation Christ the supreme head of either hierarchy giving in proper person a period to the Levitical Priesthood and investing his Ministers with their authority which seems to be the greater because it shines the clearer and the more substantial because the lesse ceremonious The next but precedent in time unto the former is the submission of Jobs friends and that by special command of God unto him with a direction from God likewise that Job by sacrificing for them should pacifie his incensed anger for God held himself wronged through his servants side and all this should they perform upon pain of his high displeasure the words in the story are these Job 42.7 8 9 10. And it was so that after the Lord had spoken these words unto Job The Lord said unto Eliphaz the Temanite my wrath is kindled against thee and against thy two friends for ye have not spoken of me the thing that is right as my servant Job hath Therefore take unto you now seven bullocks and seven rams and go to my servant Job and offâ—r up for your selves a burnt offering and my servant Job shall pray for you and him will I accept lest I deal with you after your folly in that ye have not spoken of me the thing that is right as my servant Job hath So Eliphaz the Temanite and Bildad the Shuhite and Zophar the Naamathite went and did according as the Lord commanded them and the Lord also accepted Job and the Lord turned the captivity of Job when he prayed for his friends Where note 1. As God was offended and his servant Job so the offence must be acknowledged to both that both may be pacified 2. God retains his anger till the party wronged together with him be satisfied 3. Gods wrath incensed against any for wronging hâ—s servants will not be quenched but by his servants means and procurement for his fury provoked by offâ—nding Job must be appeased by Job reconciling Itâ— ad servum meum Job offeret holocauslum pro vobis ita legit Greg. vulg lat assavoir par le moin de Job tellâ—mâ—nt qu'il vous serve comme de Sacrificateur Genev not in Bibl. Gallic They wâ—â—e to offer their sacrifices to Job and Job to God for them so the ancient Latine copies followed by Gregory read Go unto my servant Job and he shall offer an Holocaust for you and those words him will I accept and the Lord accepted Job import no less 4. Pro semetipso Poenitens tantò â—ititùs ex audiri meruit quantò devotè pro aliâ—s intercessit Greg. Mor. l. 35. c. 20. God heareth a man sooner in his own cause that is sollicitous on the behalf of others as Job turned away his own captivity in praying for his friends Thou wilt say but where did Jobs friends confess their sins unto him Canst not thou spell their Confessions in their Sacrifices for what meant those Sacrifices and Jobs intercessions on their behalf but for their sins and how could he offer and pray for he knew not what they then confessed the trespass presented unto him the trespass offering and desired his intercessions that God would be reconciled for their offences The next President is David confessing his sin to Nathan for albeit the Prophet gave him a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and draught thereof in a Parable and made David pass the sentence against himself in thesi and brought it home to his Conscience by a special application uncasing the Parable and shewing that He was the man yet Davids heart thus roused awoke and he cried out I have sinnâ—d against the Lord 2 Sam. â—2 and Nathan said unto Dâ—vid the Lord hath also put away thy sin thou shalt not dye There was no tergiversation no apology no accusing of the instruments but the King wholly took the sin upon himself Thus did not Saul in the case of Agag and Amalek the charge he had from God was the utter subversion of that Prince and State contrariwise the victory gained he spareth the King and maketh a prey of the richest and fattest spoylâ— and being reprehended by Samuel spread a religious cloak over his transgression as if that prey had been reserved for a sacrifice and being further charged by Samuel for disobedience he conveyes the fact away from himself to the people I have obeyed the voice of the Loâ—d and gone the way the Lord sent me but the people c. If any deviation it was in them they were out of the way and would needs spare the best of the cattle to pleasure God with a Sacrifice Proud heart that all this while would take no notice of his sin till he heard his doom deprivation from
title rehearsed by Doctor Bridges in his defence of the Government c. Afterwards King Alured wearing the Diadem of this land amongst the Ecclesiastical laws by him ordained and ratified by his Son and successor King Edward and Guthrune the Dane Confederate with Edward in the government of England in the fifth chapter is thus ordained If any Malefactor guilty of death earnestly require the space and speech of confession or shrift Gif deaþe scyldig-man scrift spraece gyrne ne forÆ¿yrne Him man naefre Si quis rei capitalis domnatus sua ingenuè Sacerdoti peccata confiteri cupiverit id ei conceditur Ita vertit Guil. Lambard ARXAION fol. 53. Londini ex officina Joan Daii ann 1568. no man shall ever deny him This favour extended to persons condemned to die argues the use of Confession commonly received and the good construction thereof as redounding in their opinion to the comfort of such miserable offenders Many are the laws both Ecclesiastical and Civil enacted by King Edgar A Prince of pious Rex decenter instructus passim improbos op pressit rebelles redarguit justos modestos dilexit destructas Dei Ecclesias renovavit dilatâ—vit ad laudem Creatoris summi monasteria constitui jussit Erat itaque vir discretus mitis humilis benignus liberalis armipoteâ—s jura Regni bellicâ potestate regaliter protâ—gens populum in obsequio principum principes ad justitiam imperiorum formavit leges rectas instituit regno tranquillimo potitus est Florent Wigorn. Chron. p. 355 356. and prudent education who curb'd the oppressors subdued the Rebels loved the just and humble repaired the decayed Churches and amply endowed them erected Religious places and Convents to the land honour of the great Creator A person of huge discretion humility and bounty of much valour and skill in feats of arms Royally protecting the Laws of his Kingdom with his Militia his people framed in subjection unto his Nobles and his Noble-men to the subjection of his sovereign commands preserving his State in peace and his just Laws in power such praises doth the Monk of Worcester heap upon him Amongst his geHadodra or Ordinances are extant Canons towards the end whereof is an Appendix or Post-script containing the total charge of Confession and the mutual duties requisite in the Penitent and Priest who granteth audience who is there styled scrift gastla laece a Shriver and Ghostly Physician and manna sapla laece the physician of mens souls The form of confession to be observed by the penitent the specifique enumeration of sins the unfeigned sorrow at the rehearsal thereof and the voluntary submission to the penance injoyned are therein delineated Let the Repentant person address himself to his shrift right humbly and say first Ealle þa synna besmitene purdone daedbote I believe in the Lord the Father most high who weldeth all things c. And after a brief recital of his faith And cÆ¿eðe þonne mid reoÆ¿sigendum mode eadmolice His andaetnessa to His scrifte onbugende Confiteor Deo omnipotenti confessario meo spirituali medico omnia peccata quae malorum spirituum inquinamâ—nto unquam perpetravi sive in facto sive in coâ—itatione sive cum masculis sive cum foeminis aliáve creaturâ sive secundum naturam sive contra naturam let him in a rufully-sighing mood make his confession full devoutly to his Confesseur and bowing down his head say I confess unto Almighty God and to you my shriver and Ghostly Physician all the sins which through the defilements of wicked spirits I have at any timâ— committed other in deed other in thought other with male other with female other with any kind of Creature naturally or unnaturally thence falling into a particular commemoration of such sins by name as boyled upon his conscience needing comfort and absolution And through all that Penitential it is very remarkable saith that Venerable Antiquary that among the several penances there mentioned Non est autem temerarium quod hÃc in injungendis poenitentiis nullum usquam ad imagines imperatur confugium nulla ad Sanctos unquam provocatio ne ad Virginem ipsam Beatissimam nec probare videtur author precariam illam Magnatum poenitentiam Romanâ uti perhibent fultam diligentiâ Dn. H. Spelman Concil p. 476. and whereof there are store there is no sending of the penitent to any Saint no Pilgrimage injoyned to any Shrine no news of any Indulgence or Commutation for striking off penance by money that age was not yet guilty of such deceits or recent-Roman impostures This glorious King Edgar began his reign according to the Savilian Fasti A. D. 959. and finished his reign and life A. D. 974. Also these Canons and Penitential yet remain entire Habentur Canones isti poenitentiale idiotismo Saxonico vetustissimè scripta in celebri Bibliotheca Collegii Corporis Christi Cantabrig Dn. Spelman ubi suprà in an old Saxon Copy and Language within that famous Library of Bennet College in Cambridge Circ an 1009. In a Synod held at Aenham under King Ethelred the XX Chapter is for making of Confession and taking of Penance thus Let each Christian man as is suitable to his profession have diligent care of his Christian state Gyme His CHristen domes georne geÆ¿unige gelomlice to scrift un for Æ¿andodlice His sinna gecyðe geornlice bete sÆ¿a sÆ¿a Him man taece pag. 518. Christiana quique colloquia frequentia salubria cum Sacerdotibus crebrò exerceant suáque sibi peccata inverecundè depromant ac confiteantur confessáque juxta Sacerdotis institutionem poeniteant atque emendent D. H. Spelâ—an Conc. p. 528. and that he usually frequent shrift and confession often entertaining Christian and wholesome conference with the Priest and laying shame aside confess his faults and carefully practise such rules for amendment as the Priest prescribeth The acts of this Synod both in the Saxon as also in the old Latin tongue and both revised and published by that diligent and noble Collector In a Capitular extant in Saxon and Latin are contained many Ecclesiastical Constitutions amongst which is Confession directed unto God in the first place humbly imploring for mercy and to the Priests likewise which so far availeth us as by means of the saving counsel we receive from them Seo andetnes þe þe maesse pâ—â—â— stum doþ ura synna þis Hâ—o to Gode þ on fongnum framâ—â— HalÆ¿endum geþeathum §. 30. pâ—g 605. and the observation of regular penance our souls may be fortified against sin and our iniquities done away Likewise in Paragraph 31. Coâ—fessio quam Sacerdotibus facimus hoc nobis adminiculum adfert qui accepto ab eis salutari consilio saluberrimis poenitentiae observationibus sive minutiis Leg. munimentis peccatorum maculas diluimus de peccatis in confessione enumerandis each particular offences are to be opened in confession to the Ghostly Father whatsoever in
and devout mind of the penitent thâ—t no such penance be injoyned upon the husband or wife as to raise a suspicion of the offence to either party That no Priest after his fall into sin presume to celebrâ—te at the Altar before he make his confession And to cut off all occasion of covetousness in Priests we add that no penitents shall be injoyned to provide Masses to be said excepting Priests onely A. D. 1105. Stephan Langton Stephan Langton the same that waâ— obtruded upon King John and put into the chair at Canturbury by the Pope against the will of his Soveraign Lord ordained in a Council at Oxford Ann. M.CCV Linwood De officio vicarii l. 1. c. statuimus lib. 5. de poen remiss c. Quoniam That Bishops in their own persons should sometimes receive confessions and injoyn penances and therein were provided discreet persons to take the confâ—ssions of the Clergy In whose quarrel the Pope thundred out his interdict against the Church and State Insomuch saith Fabian that the Churches and houses of Religion were closed that no where was used Mass or Divine Service nor any of the VII Sacraments nor child christened nor man confessed Rob. Fabians Chron. King John an RR. 10. an Dom. 1209. nor married except in such places which had purchased licences and special Bulls But Caxton is more large in discovering this mysterie of iniquity then of great strength where the * Pandolphus Legat is brought in telling the King what the cause was For the wrongs that ye have done to the holy Chyrche and to the Clarge Caxton part 7. of K. John and the extent thereof We assoyle clean Erls Barons Knights and all other men of their homages servis and feautes that they should unto yow done and we assoyl them all by the authorite of the Pope and commaund theim also with yow for to fight as with him that is enemy to all holy chyrche Tho answered the King what may yow do more to me Tho answered Pandolph we sayen to yow in (a) In the word of the Pope he should say the word of God that ye ne none heir that yow have never after this day be crowned The King for all this cursing waxed not pliable to the Popes will whereupon The Pope tho sent to the King of France in remission of his sins that he should take with him all the power that he might and wend into Englond for to destru King John the tydeings wherof put him into such a fright tho saith mine Author the King put him to the Court of Rome and to the Pope and tho yaf he up the Realm of Englond for him and his heires for evermore and tho took the King the Crown off his head and set it on his kneys and thiese wordis said he in hearing of all the great Lordis of Englond her I resign up the Crown and the Ream of Englond into the Popis Innocent hands the third and put me holy in his merci and in his ordenance Tho (b) Received underfenge Pandolph the Crown of King John and keepid it V. dayes I have inserted this story as not altogether impertinent making good the abused power of the keys at Rome to the disinherison of a supreme Monarch and independent and the disfranchise of a free State wherein the pride of the Pope or dejection of the Prince I know not what may be more admired Not long after followed Edmund de Abington A. D. 1234. Edmund de Abington Arch-Bishop of Canturbury in the year of grace MCCXXXIV who made a constitution for women with childe and near their time that in respect of the approaching danger they should confess unto their Priest Quod propter imminens periculum confiteantur Sacerdoti Lindw l. 5. de Poen Remiss c. in confess In his dayes there entred this Kingdom a Legat from Rome called Otho Otho sent from Gregory IX Edmundus Cantuariensis Archiepiscopus Legati Romani frequentes exactiones quibus sacerdotes divexabantur liberè reprehendit Pol. Virg. l. 6. histor Ang. p. 300. who exacted much upon the Clergy emunging and squeesing their purses so far forth that Arch-Bishop Edmund afterwards Saint freely and sharply reprehended the polling Legat Ut viri prudentes fideles constituantur per Episcopum Confessores quibus Personae minores Clerici confiteri valeant qui Decanis confiteri crubescunt forsan verentur In Ecclesiis verò Cathedralibus Confessores institui praecipimus generales Constit Othonis Rubr. de Confess Praelatorum By whose Legantine power it was decreed That certain discreet and faithful men should be appointed by the Bishop of the Diocess throughout every Deanry to receive the Confessions of Parsons and other Clergie-men of an inferiour order who might be afraid peradventure and ashamed to confess unto their Deans He ordained also general Penitentiaries in Cathedral Churches And not long after him there arrived another Legat armed with the same power named Octobon Octobon and he in a Synod at Northampton made laws also * Ab Urbano missus anno Dom. 1262. Pol. Virg. hist Ang. l. 14. p. 257. Polydore tells us that he was sent from Pope Vrban but he himself that he * De manu sanctissimi Patris Domini Clementis Prohem ad constir Octoboni came from Pope Clement his comming then could not be in the year of our Lord MCCLXII as Polydore placeth it Obiit Perusii Non. Octob. an Dom. 1264. Onuphrii Chron. ad finem Plat. Creatus absens Perusiae per compromissum praesentibus 20. Cardinalibus Non. Febr. erat enim Legatus in Anglia Onuphrius ib. nor in the 45th year R R. Henrici 3 for Vrban the IV. died not till the year MCCLXIV and Clemens who came next after succeeded in the Papacy An. 126â…˜ elected at Perusa upon the Nones of February or the fifth day of that moneth being at that time absent thence and here in England a Metachronisme of three years in Polydore and I could wish that were the worse mistake in his elegant history Now amongst the Constitutions of this Legat to be observed by the Clergy and Laity there is no mention of Confession but for the third order the Religious Votaries of that age who like Meteors shone above in those dayes in the middle region of the air and ofttimes went out with as foul a stink as some Meteors do for them it was ordained * Requirant saltem semel in mense Confessores Fratribus deputatos ut sic illos qui non frequenter confitentur graviter arguant ad confitendum inducant Constit Octob. Rubric ut Monachi frequenter confiteantur frequenter celebrent That Abbots Prioâ—s and superiours in their absence should procure Penitentiaries or Confessors once a moneth for their Friers and to rebuke sharply such as frequented not Confession and to induce them to the same It seems the Religious came