CONFORMITY OF THE ECCLESIASTICAL DISCIPLINE OF THE Reformed Churches OF FRANCE With that of the PRIMITIVE CHRISTIANS. Written by M. LA ROCQUE, Minister of Quevilly near Roven. With his Learned Commentaries on each ARTICLE. Rendered into English by JOS. WALKER. LONDON: Printed for THO. COCKERILL, at the Three-Legs in the Poultry, over-against the Stock-market. MDCXCI. LICENCED, August 10. 1691. J. FRASER. To the Truly HONOURED CHARLES STAYNINGS, Esq Of Honycault in Somersetshire. SIR, WHen one enters your Neat Habitation, which for Conveniencies bear parallel with the proudest Palaces, there appears a Scene of sundry Varieties. A Cambden, or Dugdale, would be requisite to display the Antiquities of the many Honourable Families whereunto yours is related by Affinity and Marriage; out of which Alliances, has issued several who have been Famous in their Generations for their Heroic Actions in Peace and War; which laudable Qualities have always been conspicuous in yourself, Sir: Your Love of Learning, and happy Familiarity and Intimacy with the Muses; your constant Courtesy and Hospitality to Strangers, and all your Friends and Acquaintance, (which I have several times personally Experimented) as also your uninterrupted Love and Zeal for the Honour of God, and the good and safety of your Country, (for which you have more than once Buckled on your Armour, and appeared in the Field of Mars) makes you, like another Vespasian, to be the delight of all that are happy in your acquaintance. You have heretofore, Sir, been pleased favourably to accept and approve some of my weak Essays, when I had the Honour of Living in your Neighbourhood, near the famous Orchard Wyndham; and knowing your deference for Pristine Learning and Purity, I thought the Dedicating to you a Piece of that Nature and Stamp, would not be excluded your Society, and a place amongst the Venerable Fathers and Councils near your Chapel, in your Library. God has blessed us with another King David to Fight our Battles, and a Venerable * His Grace Dr. Tillotson, Archbishop of Canterbury. Jehojada to Rule our Church; so that I hope Peace and Truth will revive and flourish in our Days, which is the hearty desire of, Dear SIR, Your ever bounden Friend, and Most Humble Servant, JOS. WALKER. Covent-Garden, Octob. 25. 1691. To the MINISTERS and ELDERS of the CONSISTORY which meet at Be'gle near Bourdeaux. Gentlemen, and much Honoured Brothers, ALthough I have undertaken this Work for the Edification of all our Churches; nevertheless I offer it to you in particular, as a testimony of my due resentments for the Honour you formerly did me in inviting me to you. I should willingly have embraced your offer, if my Conscience could have dispensed with it; for besides that the Employment had been honourable and profitable to me, it would have drawn me also a little nearer to my own Country, for which I still retain an Inclination. But the Providence of God; which order our Persons and Affairs as he pleases, having otherways disposed of my Ministry, bestowing it on a Church where I found a second Native Country, by the marks of kindness I daily received of the goodness of those whereof it is composed; I lose by little and little the hopes of ever seeing my Native Country, and by consequence, of assuring you by word of mouth, the true sentiments of my heart. But Gentlemen, if I am at a distance from you in Body, I desire you to be assured, that I am present with you in Spirit, seeing you are always in my remembrance, and that I shall ever ardently beseech God, that he will generally and in particular bestow on you his blessings. Moreover, the Work which I present to you, will doubtless administer to you joy and comfort, in manifesting the Antiquity of the Discipline under whose Maxims you live; for as it scatters the false Aspersions of Novelty wherewith we are branded, and the unjust reproaches wherewith you are daily accused; you will therein find such lively Marks and Characters of the Discipline of the Ancient Christians, that you will bless God for seeing that your Fathers have walked so Religiously in that, as well as in the Doctrine which their Ancestors had professed, that is to say, of those which had lived in the purest and happiest Ages of Christianity. And indeed, if you please to give yourselves the trouble to compare together these two Disciplines, you will soon find they are Children of one Father, productions of the same Spirit; and that drawing their Original from Heaven, it is also their scope to direct men to Heaven, in building them up in Sanctification and Holiness. After which, let men, if they please, blame your Ecclesiastical Policy; hence-forwards you will have sufficient ground to stop the mouth of Envy, and wherewithal to confound those which endeavour to censure it. To justify it, 'twill be enough to show the Conformity there is betwixt it and that of the Primitive Church; and this you may easily do, because I think I have so fully evinced this resemblance, that it will be visible to all those who will read this Treatise with an unbiass'd mind, and that are not prepossessed with malice against us. As for us, Gentlemen, let us faithfully keep the holy trust our Fathers have transmitted to us; let us diligently exercise this Discipline, and carefully practise it; but especially let us to our power conform to the Exercise of these Precepts by the Holiness of our Lives, and the purity of our Actions; this will be the ready way of baffling the many Volumes that attack your Morals; and show to all the World, that these Instructions have no other scope but Justice and Piety. Actions are of greater demonstration than Words; and the Arguments drawn from Practice, are more convincing than those that are borrowed from Discourse. It was never better proved, That there was motion in Nature, than it was done by the Philosopher, that walked about to convince him that denied it. We cannot better justify the purity of the Maxims of our Morals and Discipline, than in living well; seeing 'tis very difficult, if not impossible, to live well under Masters which only teach Debauchery, and that engage persons in Extravagance. Those who please to look on your Society, will be convinced of what I say, when they shall see in your wise conduct, to shine forth the marks and effects of the innocency of your Discipline, and the equity of its Maxims and Laws. I hope you will favourably accept this Book which I Dedicate to you, seeing its chiefest aim is to show, That 'tis the same with the Discipline of the Primitive Christians, for which all have so much respect and veneration. The Father of Lights, from whom comes every good and perfect gift, be pleased to establish you more and more in his Love, abundantly bless your persons, preserve the Flock committed to your care, and cause therein all Christian Virtues to abound, to the end that you may be a pattern to others, and that your Faith and Piety may be renowned through all the Churches. These are the ardent Prayers that are made for you all, by Gentlemen and Honoured Brethren, Your most humble Servant and Brother in Christ Jesus, M. LA ROCQUE. Roven 24o. June 1678. THE AUTHOR'S PREFACE. WHat Laws are in a State, the same things are Canons in the Church: All Societies of Men, as well Civil as Sacred, have always stood in need of some Rules for the conduct of those whereof it is composed, and under their direction to attain the designed end, which is pleasure of life, with the repose of Conscience, and tranquillity of Mind. Man aught of his own free will be inclined to the obedience of these, in the main prospect of the pleasure there is in doing his Duty, and in the delight which is to be found in the practice of Virtue; besides that in so doing, depends the happiness all men seek after, but which few do find, because they seek amiss. Nevertheless, according to the manner we are made, it's necessary we should be excited by other motives, and be set a work by other principles; these Motives are, Fear of punishment, and Hope of rewards; the two great springs that give motion, if it may be so said, to the whole world, and which do powerfully engage men to eschew evil, and do good. Legislators have also employed it in the world; the Apostles, and their Successors, in the Church; and God himself made use of it in regard of Adam, promising him Life and Immortality, if he continued faithful and obedient to him; and on the contrary, threatening him with death, if he were so foolish as to neglect the keeping his Commands, and violate the purity of his Laws: In the day thou eatest the fruit of the tree of knowledge of good and evil, thou shalt die the death. Man being a reasonable Creature, it was suitable to God's wisdom to give him Laws to serve as a Rule and direction through the whole course of his life; therefore he had no sooner created him, but he imprinted in his heart those instructions which we call the Law of Nature, the Exercise whereof was to constitute his joy and felicity; so that had he always persevered in his innocence, he would not have stood in need of Judges, nor of their Tribunals; his conscience would have been sufficient for him; its counsels would ever have been safe, its decisions just and right, and all its Ordinances would have tended to the practice of this important maxim of the Son of God, which he drew from the very spring of Nature itself, not to do to others, but what we would they should do to us. But sin having interrupted this Oeconomy, and darkened the Lights which attended it, all these directions of Nature have been ineffectual, and these Instructions of no value. Nevertheless 'tis certain, God preserved in Man after his fall, or at least he stirred up in him anew, by the efficacy of his Providence, some little remains of that clear and pure light wherewith the understanding had been illuminated when 'twas immediately made by his hand; and thence it is that all men have the common and general Notions, That there is one God; That he governs all things; That he punishes the wicked, and rewards the good; That to honour him, is a Law that's allowed amongst all men; And that he must not only be thought to be immortal and blessed, but also to be a Lover of Mankind, of whose preservation he takes particular care, in daily doing them good; it was thereby that the Inhabitants of the Isle of Maltha concluded St. Paul was a Murderer; Act. 28.3. they said, when they saw a Viper on his hand, Divine Vengeance followed him, and would suffer him to live no longer. It is also from this principle proceeded the knowledge the Apostle attributed to the Gentiles, when he saith, For when the Gentiles which have not the Law, Rom. 2.14, 15. do by nature the things contained in the law; these having not the law, are a law unto themselves, which show the work of the law written in their hearts, their conscience also bearing witness, and their thoughts in the mean while accusing, or else excusing one another. But at length Sin having almost extinguished the light of Nature, and made all its instructions unprofitable, God was obliged to renew the knowledge of it, by publishing his Law, which in substance contains the same precepts as those did which God had writ at first in the heart of Men; and seeing the greater corruption is, so much the more need there is to multiply Laws to restrain its impetuosity and violence, and so hinder its spreading and excess; God, who knew very well the inclination of the people of the Jews, which were a people of a stiff neck, and uncircumcised heart, as the Scripture speaks; a people inclined to disobedience and rebellion; God, I say, not content to divulge the Moral Law, he thereunto joined the Ceremonial and Political Laws, to the end the Israelites should the easier be retained in their duty, under the heavy yoke of this severe Discipline. Thence it followed by the Rule of contraries, That the more Sanctification is advanced, the less need there is of Laws; which made St. Paul say, That the Law is not made for the just, but for the Sinners and wicked. The first Christians had but very few Decisions and Decrees in their Discipline, because being full of Piety and Zeal, and that labouring with unspeakable diligence in the work of their Sanctification, they disposed themselves voluntarily according to the nature of the Gospel, and intention of Jesus Christ, and conscionably practising the Maxim of the Apostle, That all things should be done decently and in order, in the Church of God; they with ease were guided by the Divine motions of Grace, and the inspirations of that holy Spirit which God had so plentifully, and in great measure poured forth on his Church in the first Establishing of Christian Religion; for as to the Canons attributed to the Apostles, and the Constitutions which also go in their name, they are things forged in the following Ages; and after this new people had begun to degenerate from the first heat of their zeal, and that they had given some check to the innocence of their life, and to the purity of their Manners; and as corruption insensibly got ground; so also was seen to increase, the number of Canons and Ordinances; for it commonly happens, that ill actions do multiply good Laws, without which it would be impossible to make head against the many Scandals that licentiousness does introduce where it predominates, and where sins are not repressed and punished. Something of this kind happened in our Reformation, which had a great resemblance with the first Establishment of Christian Religion; for it may truly be said, that by a particular blessing of Heaven, the first Reformers were so holy in their life, so pure in their conversation, so wise in their conduct, so modest in their words, and so humble in their actions, that all their study and care tended only to Piety and Virtue, without being needful to incline them to it by any great number of Rules; so also their Discipline at first consisted in forty little Articles, which were composed by the first National Synod held at Paris, in the year 1559; whereas that we have at this time, contained in 14. Chapters, 222. Articles, much more large and ample than the first. The Reason of this difference, proceeds from the change which in time happened to those that lived in our Communion, and that were Members of our Churches; had they always followed the steps of their Ancestors, and that they had been faithful Representatives of their Innocence, and of their purity, they would have stood in need but of very few Rules; because the only love of Virtue, would have seasoned all their actions, animated all their motions, mortified their passions and desires, and lighted in their Souls a Divine flame, which would have raised their thoughts from Earth to Heaven, and the which in snatching them by a holy violence from the love of the Creatures, would inseparably have fastened them to the love of the Creator. But because there is always some remains of Man in Man, and that the flesh too often prevails over the spirit; they by little and little degenerated from the zeal of their Fathers, and their piety insensibly falling into extreme coldness, they suffered themselves to fall into many defects, which dishonoured the Holiness of their Profession, and which obliged their Guides to increase from time to time, the number of Laws, to restrain by the authority of those Ordinances the course of their disorders, and to stop the spring of those abuses; wherein they wisely followed the conduct of the Primitive Fathers, who seeing a great negligence in the lives of Christians, added to their Constitutions new Decrees, proportionable as the Sins of Men gave them matter and occasion; knowing well, that 'twas the only means to preserve in its purity, a Religion which had been cemented by the blood of Jesus Christ, and consecrated by his Spirit. In conclusion, How large soever our Discipline at this time may be, and how much soever is increased the number of its Canons, I dare boldly say, That never was a better Discipline; and that there was never seen an Ecclesiastical Policy, more judiciously composed, than it is; if one take the pains to read it without prejudice, one shall agree to this truth, and unless one be extremely prepossessed with prejudice against it, it must be granted, that the Constitutions are just, that the Rules are holy, and that all the Decrees have no other aim but the glory of God, and the holiness of those which submit themselves to the keeping of his Laws; all the parts of this body answer one the other; they march an equal pace, and agree all to the same end; the form of Government which it prescribes, is indeed very simple, but it is Evangelical; the order it will have one follow, is full of exactness; and if the Government it establishes, is far from splendour and pomp, it is wholly bedewed in justice and equity. In a word, All that's contained in it, was settled with a spirit of love and sweetness. After all this, what is there can be blamed in this Discipline? Is it the Establishment of its Ministers? But there must be such to instruct the people. Is it the manner of their Establishment? But it is conformable to that which was observed in the Primitive Church. Is it the qualities which is desired to be in them? But they are the very same which St. Paul requires in those which consecrate themselves to the holy Ministry, Is it the Duties whereunto they are obliged? But in this also is followed the precepts of the same Apostle, seeing they are obliged to preach the Word of God, to administer the Sacraments which he has instituted, to live unblamably, to be an Example to their Flock in word and actions, to edify them by their Sermons, and by their Example, under pain of great Censures to those which do not discharge themselves as they ought of these just Duties, even to the suspending and deposing those which commit Scandalous offences, and such as deserve suspension and deposition. Shall our Schools be condemned? But the use of them is too ancient, and too necessary; for 'tis convenient to instruct youth, and teach them with care, that they may one day be fit instruments in the hand of God for the propagating his truth, and for establishing the Kingdom of his Son. If any carp at our Consistories; it shall be made appear, that from the beginning there was in every Church an Ecclesiastical Senate, which informed themselves of all which concerned the good and edification of the Flock. If any quarrel at our Lay Church Elders, we will make appear, that their Institution is almost as ancient as the settling of Christianity; and that the Primitive Church having used it successfully several Ages, we also make use of it with much utility, according to its example. As for Deacons, all the world knows they were instituted by the Apostles, and amongst us they answer very well to the design of their Institution; for they take care of the Poor, and distribute to them the gifts and charity of good people, as their true Patrimony. As to the Union of the Churches, St. Paul declares sufficiently of what importance it is, when he exhorts us to keep the unity of the spirit in the bond of peace, and to be one body and one spirit, as being called to the hope of one and the same vocation. The ancient Doctors have recommended nothing with more care than this holy union; nor censured any thing with more ardour and zeal, than the Divisions and Schisms which divide the Church, and tear to pieces the seamless Coat of our Lord Jesus. Our Colloquies are nothing else in effect, but Assemblies of Ministers and Elders of some certain Association, or part of a Country, deputed by their Churches to deliberate all together of Affairs which offer, and do concern the quiet and comfort of those which sent them; so that they cannot be condemned without censuring at the same time, the Synods which are called Diocesan, to which they have no little resemblance. Who can find any fault with our Provincial and National Synods, seeing they are grounded on the practice of the Primitive Church, and on the authority of the Canons which so frequently recommend the holding and calling of them. One must be very ill humoured to blame what we do in our Assemblies, all the holy Exercises whereof consist in Invocating the Name of God, in Singing of Psalms, in Preaching his Word, and in the administering the Sacraments. These Sacraments being the Seals of his Covenant, and Symbols of our Redemption, they cannot be Celebrated with too great respect, nor too much reverence cannot be shown when they are administered; and 'tis this respect and reverence which has been endeavoured to be inspired in Believers amongst us, by the directions which has been made about the administration of Baptism, and the Celebration of the Lord's Supper. There has no less care been had in preserving the Holiness of Matrimony, from whence has been removed all manner of filthiness and impurity, and all imaginable precaution used to render it legitimate. To conclude, As for the Advertisements which regard particular persons, it has been made known to all the world, that nothing else was intended but to dispose Christians to Piety and Holiness, and generally to all Virtues, which are worthy the name they bear, and of the Religion they profess. Behold here the substance of our Discipline, which how innocent soever it be, nevertheless has found adversaries, who being animated with a spirit contrary to that of Christianity, have traduced it, and still daily rail against it, declaiming against it in their Pulpits, endeavour to render it odious, by the calumnies they accuse it of, and by the unjust reproaches they load it with; as if those which composed it, and which have reduced it to the form wherein we find it, had no other design but to open the door to Licentiousness, to foment Vice, and to encourage Debauchery and Excess; but let them say what they list, God which bringeth to light the secrets of all hearts, will be the Judge of our Innocence, and will one day cover with confusion and shame, those which so cruelly censure and injure us. Nevertheless, I trust, with the blessing of his Grace, that the reading of this Treatise will better inform them, and that finding therein an entire Conformity betwixt our Discipline, and that of the Primitive Christians, they shall be forced to change their notes, lest that condemning the one, they also condemn the other; they resemble one another too much, not to approve, and like of both. 'Tis true, that the better to discern this resemblance, Conscience must be consulted, silence must be imposed on the Passions, and all prejudice, which blinds our sight, and darkens our judgement, must be laid aside; by this means the Conformity here proposed will be easily discerned; and having discovered it, they will declare for us; for there would be no reason to make that pass for blasphemy in our mouths which was esteemed Oracles in the mouth of the ancient Fathers, neither to reject this rule of our conduct, seeing it is the same that theirs was. It is what I undertake to prove in this Book; and to make the thing the more evident, I have examined from first to last, all the Articles one after another, that none might think I had a design to cast a mist over the Eyes of the Readers, in establishing a Conformity in too large and general a way; and that to save the credit of our Discipline, I would not descend to a particular search and examination. In effect, the first thing I do is to produce the Text of each Article, than I cite the Decrees of Councils and Testimonies of Fathers, as much as may be necessary to justify the resemblance which is in dispute; from this Article I pass to another, and so go on unto the last; and I can say with a safe Conscience, that in this work I have not used fraud nor artifice, that there will be seen throughout the whole Book a great deal or plainness, and if in some parts more of art and skill be required, I am persuaded that there never will be cause to desire more of fidelity; because I had so particular a view of resembling these two Disciplines, and to represent so plainly the features and lineaments, that the one might easily be taken for the other, as it often happens to two Twins, and to find in ours a true Copy of the Prototype, and of the true Original. Moreover, I warn the Reader, that having done as I have now mentioned, nevertheless I have dispensed myself in reciting at large all that I allege of Antiquity, fearing to deform the Edition; because the whole Work is but a continued tissue of Canons and Testimonies; therefore I have only done it when I thought it necessary, and in those places which absolutely required it. Secondly, The Reader may take notice, I do not always write the whole Decrees, but just what relates to the matter I examine, reserving the rest for clearing some other Article, if it be proper for it. And to conclude, In the things which are evident, and approved of all, I have not obliged myself exactly, in all places, to cite the proper terms of Authors, but just the sense and substance; which nevertheless, I have done in such a way, that none will have cause to blame my Conduct, if they will please to compare with the Originals, what I have transcribed. Although what I have hitherto writ be more than sufficient to stop the mouth of Calumny, and to justify our Ecclesiastical Government; nevertheless there are some such untoward and cross spirits, and withal so full of prejudice against us, that they make pass for Criminal, the things which are most innocent; and easily condemn what is well worthy the Esteem and Love of the best of Men: For instance, If we forbidden Dancing, Comedies, the Play of Hazard, Mummeries, the liberties of Shrovetide Carnivals', and other Follies of this kind, They say we are Leaders of the blind; and they injuriously compare us to those Hypocrites in the Gospel, to whom our Saviour says, They strain at a Gnat, and swallow a Camel; never considering that in acting after this manner, they lessen the Glory of the Fathers, which have so highly reproved the same things, and pronounced severe Censures against all those which allowed themselves in these worldly pleasures; were they not blinded with prejudice, they would speak after another manner, and they would infer from the severity of these Laws, That those which made them, were guided by the Spirit of God, which inspired them with so great a Love to Virtue, and so great a Hatred to Vice, That they forbidden those which lived under their Authority and Conduct, the use of those things which were capable to infect the purity of their Lives, and to stop the course of their Piety and Sanctification. But the Censurers of our Discipline stop not there; they pretend, it favours Libertinism, because it permits those which separate for the cause of Adultery, to Marry some other person; and it may be said, That this sole Article opens to the Preachers of the Roman Church, a wide Field to declaim against us; and that they take occasion, or rather a pretext, to accuse us, as if we were favourers of Vice, and enemies of Virtue: There are also amongst them persons considerable for the Rank they bear, which treat us with no less injustice, for that having but little or no knowledge of the Ancient Discipline of Christians, they imagine it was no way different from that which they at this time follow; and on this wrong ground, they look on them as Libertines, which teach that the band of Marriage may be broke by reason of Adultery; nevertheless 'tis the Doctrine of Jesus Christ, who formally declares in the Gospel, That 'tis only for Adultery that Marriage may be dissolved, as well to the Bed, as the Obligation. I know, St. Austin, and some others, have found difficulty in the explication of the Words of our Saviour, and that they could not fully resolve to explain them in the manner I just now mentioned; at least St. Austin confesses in several places of his Writings, That the Question concerning the Dissolving of Marriages for cause of Adultery, is very obscure and difficult, and is, what made him write on this matter things, which would seem contradictory, if one did not distinguish the times wherein he applied himself to write on this question. For it is most certain, in what he wrote before the 2d Council of Mileva, which was held in the year of our Lord 416. he appeared unresolved and undetermined, finding great difficulties, obstructions almost impassable, and depths not easily to be fathomed; those that will please to take the pains to see what he writes in the 3d Chapter of his Book against Adimentius, in the 7th of the Book touching the Comfort of Marriage, in the 8th and 25th Chapters of the 1st Book of Adulterous Marriages, that is to say, of Marriages dishonoured by Adultery, and join to these Testimonies which are in the 6th Tome, those others which are in the 4th, to wit, The 19th Chapter of the Book of Faith and Works, the last Question of the Book of 83 Questions, and the 16th Chapter of the first Book of the Sermon of our Lord on the Mount; those I say, which will take the pains to read all these places which I have instanced, will agree to the irresolution and trouble St. Austin was in, on the subject now spoke of, and especially if they consider the sincere Confession which he makes in one of the places I have cited; Having, saith he, Lib. 1. de Adult. Conjug. cap 25. Tom. 6. thus Treated and Examined these things according to my capacity, I am not ignorant that the Question touching Marriages, is very obscure and difficult, and I do not dare to say that I have yet explained in this Work, nor that I am able, if you press me, to resolve hereafter, in any other, all the difficulties which accompany it. He confesses the same thing, Lib. 2. Retract. cap. 57 Tom. 1. although in terms a little different, in recalling the Books wherein is found the Testimony which justifies what I have alleged of his doubtfulness, and declares with his usual humility, That he don't think to have given to this Matter, all the clearness it requires. After this Council of Mileva, this Holy Doctor wrote several Treatises, wherein he explains himself more fully than he had done in the others; for instance, In the 19th Chapter of the first Book of Retractaions, he saith, That 'tis out of doubt, that one may leave his Wife for the Fornication which is committed in Adultery. In his 89th Letter to Hillarius, Quest. 4. He confesses, That by the Laws of Jesus Christ, Tom. 2. it is not permitted to leave one's Wife but for the cause of Adultery, and that Jesus Christ forbidden to put her away for any other Cause but for Adultery; And in the 9th Treatise upon St. John, It is permitted to put away the Wife for the cause of Adultery, Tom. 9 because she has first refused to be a Wife, in not keeping her vow of Wedlock to her Husband. To judge of the mind of St. Austin by these latter Testimonies, which are more formal and positive than the former; it may be concluded, That he believed having well examined the matter, that the band of Marriage was broke by Adultery: Nevertheless, because that in the other writings he could not satisfy himself, nor clear all their difficulties wherewith this question seemed to be always encumbered, I would not make use of His Authority, for Establishing the Conformity of our Discipline with that of the Primitive Christians. This Council of Mileva abovementioned, forbids in the 17th of its Canons, which is the 102. in the African Code, it forbids him that is repudiated by his Wife, and to the Woman put off by the Husband, to remarry themselves to any one else, and enjoins them to live single, or to be reconciled again, threatening to put them into the number of Penitents if they disobey this Decree, which the Fathers of the Synod pretend to be conformable to the Evangelical and Apostolical Discipline; But in the first place, they do not declare whether they speak of a separation occasioned by Adultery, or by some other cause, for the which Jesus Christ don't permit of Separation. Secondly, The Conduct of St. Austin who assisted at this Council, makes me suppose, that either the Fathers of Mileva spoke of Divorces besides for the Cause of Adultery, or at least if they regarded Divorces grounded upon Adultery, St. Austin did not forbear Writing after the Convocation of this Assembly, That 'tis permitted to put away the Wife for the matter of Adultery. Thirdly, When the Council itself with some other Doctors should more fully explain themselves, and that they should have formally condemned the second Marriage of those which had been put away for Adultery, it would not from thence follow, that I have not made appear that our Discipline does not suffer in this occasion, only what the Ancient Christian Discipline of the Church suffered, seeing I have proved it by the Canons of divers Councils, by the Decrees of some Popes in their Synods, and by the practice of all the Greek Church, a practice which the Council of Trent dared not to condemn, after the Remonstrances made by the Ambassador of Venice. And yet farther, It is what a famous Doctor of the Communion of Rome has fully justified, without thinking of us, nor the innocency of our Conduct on the point in Controversy, in a Book which he published two or three years ago, touching the power of Kings and Sovereigns over Marriages; for in the 3d Part, Art. 1. Chap. 5. he hath at large represented to the Reader, the Tradition of the Church on the matter of Marriages occasioned by Adultery, whereas I have contented myself to relate in my Work, what is most definitive in the Tradition, and least of all subject to Controversy and Contestation. Whatever's the matter, after so many explanations, there is hope to believe, That Men will not for the future cry so much against this Article of our Discipline, which has given occasion to our Enemies to accuse us of favouring Vice and Libertinisme. I could, if it were needful, mention other Cavils of some lesser Disputers against the Holiness of our Ecclesiastical Laws, which they have spoke very injuriously of, as if they were directly contrary to the Rules of the first Christians, and as if those which made them, had taken pleasure quite to forsake its use and practise; but 'tis much better to refer to the reader the liberty of judging of our innocence when he shall have Read the whole Treatise; for besides that I cannot refute these injuries and slanders, without discovering persons who have lately been forward this way, unless I would write a Volume, and not a Preface, would I undertake to answer particularly to all the false accusations which they have alleged to render our Religion odious, in censuring our Discipline. Laying therefore apart these unjust Accusers, 'tis needful, before ending this Preface, that I speak a little of some others whose Learning and Reputation is better known and grounded, and yet nevertheless, going by a false Zeal, or by some other motive unknown to me, treading in the steps of the others, do no less cruelly devour us; I speak of those Gentlemen which accuse us of overthrowing the Morals of Jesus Christ by certain Doctrines which we teach; an unjust accusation, if ever there was one; for if we destroyed the Sanctity of the Gospel, it must needs follow of necessity, that that which we follow, must be pernicious; And how can it be that our Morals should be corrupt, seeing it produceth a Holy Discipline, whose Rules and Directions are so many marks of the Maxims of true Morality; I will not be the Judge, I desire they would only read what I have writ to prove the resemblance of our Discipline with that of the Ancient Churches, and I am persuaded that reading it without prejudice, they will freely confess that my parallels are just, and that I have drawn the Picture so like the Original, that 'twill be hard to know the one from the other, there's so much resemblance betwixt them; after which, I may be permitted to infer from the Holiness of our Discipline, the sanctity of our Morals; and from the holiness of our Morals, and of our Discipline, the truth of our Doctrine, and by consequence, the purity of our Religion. I know 'tis not absolutely impossible but that there might be a corrupt Moral, with a good Doctrine; for although ordinarily these things march together, and that the sanctity of the one is followed with the purity of the other; nevertheless it may so happen that some may undertake to join a pure Doctrine with a corrupt Moral, or a holy Moral with dangerous Doctrines. Nevertheless, because the Moral naturally follows the Doctrine, that for the most part an Orthodox Doctrine produces a virtuous Moral, and that when the Doctrines are true, the Laws of the Moral are just; I allow that those which belch out false accusations against us, as Enemies of the Morals of Jesus Christ, I desire they would judge of our Doctrines by our Morals, because than they would judge of our Morals by our Discipline; for there's nothing more just, than to judge of the one by the other. If our Discipline then be pure, 'twill follow that our Moral is holy, and by consequence our Doctrine is true by their own confession. If they say that our Discipline is not pure, they accuse of impurity that of the Primitive Church, seeing ours is a faithful Copy and Representation of it; if they confess it is good, than they must confess that all our Religion is pure, seeing its Doctrine is true, the Moral holy, and the Discipline blameless. They may forbear then writing such great Volumes to vent untruths, nor take such wide circuits to build on ill Principles, and to draw false and unjust consequences; for there's nothing falser than what they writ, that we destroy the Moral of Jesus Christ by our Doctrine of Justification; I say illegitimate, for if the very consequences they impute to us might be drawn from our Doctrine, which cannot be, yet they could not in equity be imputed to us, because that, far from owning them to be ours, we abhor them with our Souls. What have we done to those Gentlemen, that we should be the object of their malice and spite? Where is the gentleness and moderation which the Spirit of Jesus Christ inspires? Where is that Christian Charity that thinks no harm? Would they recover at our charge what they have lost? Would they be received into favour by our prejudice? and make us a Sacrifice to appease a Party that would suppress them, and against which they are no longer able to resist? Must they needs quarrel with us because they could not succeed in their designs? Heaven does not prosper men's endeavours, when the flesh has as great a share in it as the Spirit, when we mingle our Interest with those of God; when we make Religion serve the World, and when we go about to make I know not what mixtures of the Onions and Garlic of Egypt, with the Milk of Canaan. The time will come when we shall all appear before the dreadful Tribunal, upon which shall sit an Incorruptible Judge, who reading in our hearts, and searching into the bottom of our Souls, will make us give an account of our most secret thoughts, of our words and our actions; and happy will those be whose Conduct, was sincere and whose actions had Faith and Charity for their Principle, and the glory of God for their End. ADVERTISEMENT. THE Stationer hath in his hands the Attestation of Monsieur Cartaut and Monsieur Le Page, Ministers at Diep, and another of Monsieur Le Gendre, Minister at Roven, declaring they have examined this Work, and that they have found nothing in it contrary to their Religion. In honorem ejus qui ex Anglorum, genere natus, hoc opus, ex Gallorum idiomate, in Anglicum transtulit. ANte oculos posuit nostros Celeberrimus Author Lumina, quae priscos dant prope quosque patres: Hique Patre sacrum Domini dant tempore Coetum, Quique eadem nostri tempora Coetus habet. Os avidum Romae potuit sic claudere clave. Ille decus per me perferat egregium. Est alius quisquam divino Numine fretus, Primam cui generis praebuit ipsa Diem Magna Britannia, qui pugnaces quos-ve Britannos Edocet hoc verum, voce suâ Patriae. Inter eos igitur sit gloria utrique vicissim, Eximioque Patri, Praesidioque gravi. Desaguliers, M. Dom. Domino Walkero, in Versionem Disciplinae Ecclesiarum Reformatarum, apud Gallos. QUae tibi plus debet Walkere? Britannia forté. Gallia forté. Tuus seruit utrique labor. Nostrorum scripta exornas Sermone diserto, Externis anges divitiis patriam— L. Rivall. Sur le même, pour Explication, en Francois. Sonnet. L'Autheur de cet Ouurage, ij paroit dés la France, Excellent tout à fait, & met devant nos yeux, Avec beaucoup de soin, & beaucoup de prudence, Les Péres de se siécle, & ceux du siécle vieux. Son travail clairement, montre que nôtre Enfance Est celle des Vicillars, qui possedent les Cieux. Rome, tu dois bannir ta Lache médisance; Pour la dissiper toute, on ne peut faire mieux. L'Autheur mérite bien de l'honneur, de la gloire; Mais il ne doit pas, seul, jovir de la Victoire: Ce sage & juste Anglois, tout plein de Charité, Fait passer, chez les siens, ce Traitté uéritable: Il doit donc avoir part au Laurier honorable, Le Peré en ce partage exalte l'Equité. Desaguliers, M. A Monsieur Walker sur sa version, en Anglois, de la Discipline des Eglises Reformeés de France. QV I te doit plus des deux! l'Angleterre oú la France? O genereux Walker. Tun Travail Excellent Honore l'une & l'autre, & donne l' Esperence D'un Amour, qui du Ciel, tient son uray fondement. J. D. M. CONFORMITY OF THE ECCLESIASTICAL DISCIPLINE OF THE Protestants of France, With that of the PRIMITIVE CHRISTIANS. CHAP. I. Of MINISTERS. ARTICLE I. TO proceed to the Election of those which are to be Employed in Preaching the Word of GOD, the Rule of the Apostle must be observed; that Examination and Inquiry must be made of their Doctrine, Life and Conversation, and that as diligently as may be. CONFORMITY. Jesus Christ having established the Preaching of the Gospel, to conduct his Children to the enjoyment of the Salvation which he purchased for them by the Merits of his Death, it is with great Reason that the Authors of our Discipline have begun this Excellent Work, with the Articles which Treat of the Election and Establishing of Ministers, which are the Instruments which God employs for assembling the Saints, and for building up the Body of Christ, as St. Paul speaks. The more weighty this Office is, the more care ought to be taken, that those which are called to it should be enriched with Gifts necessary to discharge themselves as they ought; that's to say, That they should be apt to teach; which the National Synod of Gergeau, added in the Year 1601. to the Article which we examine, after these Words, of their Doctrine: 'Tis true, that the purity of Doctrine should be accompanied with Holiness of Life, to the end, that if they are the Light of the World by their Preaching, so also they should be the Salt of the Earth by their good Living. The Apostle, who perfectly knew the importance of this Divine Employment, took particular care in Chap. 3. of the 1st Epistle to Timothy, and in Chap. 1. to Titus, to prescribe all the Qualities he desires in a good and faithful Minister of the New-Testament: St. Peter also Treats of them, but in a more general manner, in Chap. 5. of his 1st. Epistle. Thence it is that St. Clement observes in his Epistle to the Church of Corinth, Page 54. Edit. Oxford 1633. That the Apostles Preached the Word in the Cities, and in the Country, and that they Established for Bishops of those which were to believe, the first Fruits of those which they had Converted; that is to say, The first Fruits of those, which, being awakened at their Preaching, had embraced the Profession of the Gospel; but he observes also, that he made them not Conductors of the Faithful, until after he had proved them by the Holy Ghost. Tertullian, in all likelihood, thought of this practice, when describing in Chap. 39 of his Apology, the Assemblies of Christians of his time, he saith, That the Elders which had been tried, presided over them; this proof undoubtedly comprehending that of their Life and Doctrine: It is also in the same design, that the fourth Council of Carthage Assembled in the Year 398, and Composed of above 200 Bishops, ordered in the first Canon, before all things, To examine him that was to be Consecrated a Bishop, Tom. 1. Council pag. 727. to see if he have a good Natural Wit; if he be apt to Teach; moderate in his Conversation; sober in his Life; diligent in his Affairs; humble, affable, full of Compassion; If he be Learned; if he be Instructed in the Law of the Lord; if he Interprets the Word of God soberly and prudently; if he be versed in the Dogma 's of the Church, and if he can explain in a clear and plain manner, the Doctrines of Faith. The first Council of Nice also made mention of this Trial in the Ninth and Tenth Canons; and it shall be shown on the fourth Article, the exactness that was used, to have good Testimonies of those which were to be Established in the Ministry of the Church. II. Those which are newly introduced into the Church, especially Priests and Friars, are not to be admitted into the Ministry, without long and diligent inspection and examination, not only of their Life, but also of their Doctrine, and must be approved of at the least for two years, from the time of their Conversion, and confirmed by good Witnesses of the places wherein they have lived; and they shall not receive Imposition of Hands no more than if they were mere Strangers, without the advice of Provincial and National Synods. CONFORMITY. This Article is grounded upon the Authority of St. Paul, and upon reason; I say, on the Authority of St. Paul, who declares positively, That the Minister of the Gospel should not be a Novice, lest being lifted up with Pride, 1 Tim. 3.6. he fall into Condemnation of the Devil. I say, in the second place on Reason; for if we diligently examine the Doctrine and Manners of those that aspire to the Office of the Holy Ministry, although they are Sons of the Church by Birth, or at least that they have joined themselves to her Communion for several years passed, of much greater reason should the same Care and Precaution bind rather more in regard of those which are turned to us but very lately: A Tree newly planted cannot so well resist Winds and Storms, the extremity of Cold, nor great Heat, as if it had taken deep root in the earth; a new Convert has not so much Light or Experience for the guiding of a Flock; besides, it is requisite time should be allowed to judge of the sincerity of his Conversion, because Men cannot penetrate into the heart; and that moreover, the Actions of a Hypocrite have in outward show, much resemblance with those of a good Christian. But if this Article, now in question, be grounded on the Authority of Scripture, De Presc. c. 41. edit. Paris. 1664. and on the Light of Reason, it is no less on Tradition; Tertullian reproaches Heretics, That they established in the Ministry of the Church, Neophites, and such as were newly converted. The great Council of Nice, in the year of our Lord 325. made a Canon on purpose, wherein the Fathers complain, Can. 2. that several things had been done, either through necessity, or otherwise, to the Prejudice of the Ecclesiastical Rule, as for having too soon granted Baptism to those which passed from Paganism to Christianity, without having been long enough Catechised; and in having advanced them to the highest Offices in the Church presently after Baptism; upon which they prohibit. That the like shall not be done for the future; because say they, There must be time for a Catecumene, and a longer Proof and Trial after he has been Baptised; which they confirm by the Words of the Apostle above cited: About forty years after, the Council of Laodice, the Canons whereof have been annexed to the Code of the Canons of the Universal Church, made this Decree, which is to be seen in the Third Canon, It is not permitted to admit into Sacred Orders, those who have but lately received Baptism; it is also, whereunto have regard the 12th and 13th Canons of the same Council. This same Defence has been since often reiterated; for, not to speak of the 8th Canon of those attributed to the Apostles, wherein 'tis to be seen at this present time, it is to be found in sundry other places of the Writings of the Ancient Fathers; those who will take the pains to read in the first Tome of the Councils of France, the Eleventh Canon of the Fourth Council of Arles, Anno Dom. 524. the Letter of Pope Foelix the Fourth, to Caesarius Bishop of Arles, of the year 528. The Sixth Canon of the Third Council of Orleans, of the year 538. and the Ninth to the Fifth of the same place, with the Twelfth of a Roman Synod to the Bishops of France, the time whereof is uncertain; those I say, which will please to read these places, will will easily perceive the Matter now in question; as also in the Third Canon of the first Council of Barcelona, Tom 4. Concil. p. 531. & 587. which was held the year 599. and in the Eighteenth or Nineteenth of the Fourth of Toledo, in the year of our Lord 633. III. If it happens that any Bishop or Curate aspire to the Ministry of the Gospel, he cannot be Ordained until he be first a true Member of the Church, renouncing to all his Benefices, and other dependencies on the Roman-Church, and acknowledging all the faults he has committed for the time past, as he shall be directed by the Consistory; and after long experience and proof of his Repentance and good Living. CONFORMITY. Those whereof there is question in this Rule, being near hand the same with the others whereof I have discoursed in the precedent Article; the same Method must be observed in reference to them, as towards the others; seeing they can be looked upon in the Communion wherein they are lately come, but as new Converts. iv A Minister of the Gospel, (except it be in troublesome times, in case of great necessity, in which he may be Ordained by Three Ministers, with the Consistory of the place) shall not be admitted to this Holy Office, but by the Provincial Synod, or by the Colloqui; provided it be composed of Seven Pastors at the least, which Number not being to be found in some Colloquies, it shall call in others of the Neighbourhood to accomplish the Number; and him who is to be Ordained, shall be presented together with good and sufficient testimonies, not only of Academies, or particular Churches, but also of the Colloqui of the Church in the which he has been most conversant. CONFORMITY. There are two chief Heads in this Article, one whereof regards the Number of the Ministers which are to assist at the reception of him who is intended to be admitted into the Holy Ministry; and the other concerns the Testimonies of him who presents himself to be Examined. As for the former of these two Heads, touching the number of Ministers, whose presence is necessary for the Establishing of another, there is nothing wiser or more judicious, than what our Discipline does appoint. Whilst the Church doth enjoy Peace, and is at full Liberty, it's very reasonable that the Minister of the Gospel be admitted to this Sacred Office by all the Ministers of the Province, assembled in a Synod, or at least by those which compose the Colloqui or Class where he is to serve, provided they are not under the number of Seven; but in perilous and difficult times, and upon urgent necessity, three are sufficient: It is the Establishment of the first Council of Nice, which explains itself in these Terms, in the 4th of its Canons, It is requisite the Bishop should be established by all the Bishops of the Province; but if that be difficult to be done by reason of some urgent necessity, or by reason of the length of the way, let there be Three Assembled to make the Ordination, those which are absent, consenting and approving the same by their Letters. I grant the Cannon speaks properly of the Ordination made by the imposition of hands, as we shall see in what follows; but that don't hinder but that it may be applied to the whole vocation; the 19th. Canon of the Council of Antioch of the year 341, saith in effect the same thing. But in regard of these difficult times whereof mention has been made, during the which three Pastors sufficed for establishing a Minister, the Ecclesiastical History praising the Piety and Zeal of Eusebius Bishop of Samosate, observes of him amongst other things, one action very considerable, which is, that in the time the Arrians persecuted the Catholics under the Emperor Valens, this holy man knowing there was several Churches destitute of Pastors, He Equipped himself in a Soldiers habit, and putting a Mitre on his head, Theodoret. Lab. 4. c. 13. he went through Syria, Phoenicia, and Palestine, settling Priests and Deacons, and also Bishops, in the Churches that had need of them. I say, he established even Bishops, whether it be understood of Bishops, which had before been advanced to this Dignity, and which he established in the Churches which had need of them, as may be gathered from Theodoret, or other Orthodox persons which he Consecrated, and to whom he gave Ordination at the very time that he assigned them Churches; and that he settled them in them, as is observed by Mr. de Valois in his Notes upon this place, and on the 4th. Chap. of the 5th. Book of Theodoret's History; to justify what I have now said of Eusebius of Samosate, that he established Bishops in the Churches that wanted them, and at the same time to see sundry instances of Ordinations by the Imposition of hands, of one person only; however it be, the conduct of this Prelate, which was never blamed by any, shows plainly, that in difficult times, and when the preservation and safety of the Church requires it, something of the rigour of the Laws and Canons of the Church may be dispensed withal, as is observed by Synesius Bishop of Ptolomais, in his 67 Epistle, P. 20. Edit. Par. 1631. where he makes mention of the Ordination of a Bishop by another single Bishop, in difficult and troublesome times; and I will make appear on the 8th. Article, several examples of these kinds of Ordinations even in times that were not troublesome, and such as our Discipline designs; in the mean while I observe that Venerable Bede in his Ecclesiastical History of England, writes, that Ithamar Bishop of Rochester, Lib. 3. Cap. 20. alone of himself, Consecrated two Arch-Bishops of Canterbury, one after another successively. I now proceed to the second Head of this Article, which concerns the Testimonies those are to produce, who are to be Consecrated to the Holy Ministry. Pastor's being to be an example to their flock in word and conversation, it is very fitting there should be good testimonies of their Life and Doctrine, before they are established in this Divine Office; insomuch as St. Paul desires, that they may have a good report of those which are without, fearing lest they should fall into shame, and the snare of the Devil; therefore the Church has ever used after this manner, admitting unto this trust only those which had good and sufficient testimonies, as well for their capacity, as for their good Conduct; it is whereunto amounted the proof St. Clement, Disciple of the Apostles, and Tertullian, have already made mention; thence it is, St. Cyprian will, * Ep. 67. ult. Edit. That the Pastor be established in the presence of all the people, who perfectly know the life of each person, and that have narrowly observed his conversation, to the end that having discovered his virtues, or vices, the Ordination made by the consent and approbation of all, may be just and legitimate. * Id. Ep. 33. And elsewhere, he saith to the people, That he is wont to advise with them, when he is about to Ordain any Clerk, to the end they may examine and try altogether, the life and good qualities of each one. Saint Basil complaining of the relaxation of Discipline, T. 3. Ep. 181. Paris 1638. and the slighting of the Canons, which in time might occasion great confusions in the Church, he saith, That the ancient custom of Christians was carefully to search and to make very strict inquiry into the life and conversation of those who were admitted into the Ministry, to find out if they were Slanderers, Drunkards, Fighters, if they carried themselves soberly, and if they could walk steadfastly in the ways of Sanctification, without which no one shall see God. Moreover this custom appeared so good and holy to him, that he will absolutely have the use of it revived throughout all his Diocese; that he will have the Church purged of all those that were entered into it by any other manner, as being unworthy to serve in it, and that for the future none should be admitted but those which were first duly examined, and accounted worthy the Employments intended for them. I will not here repeat what I alleged of the fourth Council of Carthage upon the first Article; I will only say, that in the third Tome of the Library of the Fathers, and in the Pandect of the Cannons Printed at Oxford of late years, there is a Canonical Epistle of Theophilus Bishop of Alexandria, the sixth Canon of which treats of Ordinations, wherein he desires, the Election and consent of the Clergy, the examination of the Bishop, and the testimony of the people. In the Book of Sacraments of Gregory the first, P. 236. Paris 1642. the Bishop is to signify to the People the Names of those which are to be chosen, to the end that if any there present know any thing that might hinder the Ordination, they might declare it freely, and with a safe conscience; thence it is that Leo the first, desires in these Occasions, the testimony of the People, as he explains himself in his 89 Epistle. And Pope Eugenius II. in a Synod assembled at Rome about the year of our Lord 826, and which is to be seen in the second part of the Roman Collection of Holstenius Printed at Rome 1642, I say, with the Synod, prescribes in the very terms of the Apostle, Cap. 1. the manner of Ordination; that is to say, that he requires that he which desires to receive it, may be adorned with the Qualities recommended by St. Paul, and that he may be acceptable to all the world by his good Works. The Emperor Alexander Severus, so highly approved this use and practise, as also the publishing which was made of those which were to be admitted into the Ministry of the Church, whereof I shall speak on the tenth Article, Aelius Lampri. in Alex. Seu. that he would have it be put in practice in establishing Governors of Provinces of the Empire, and other Magistrates. The Fathers of the first Council of Nice, in the Letter they wrote to the Church of Alexandria, and which has been transmitted to us by Socrates and Theodoret, these Father's term this, L. 1. c. 9 Offering to the People the Names of those which were to be advanced to any Dignity in the Church. St. chrysostom in the 18th. Homily upon the 2 Epist. to the Corinthians, Establishes and confirms this custom by the Example of the Apostles, which used the same when Mathias was to be chosen, and also by that of the Seven Deacons. Something of the same kind is to be seen in 61 and 76 Epistles of Synesius, according to which Nicetas in the Life of St. Ignatius Patriarch of Constantinople, in the IX Century, which is contained in the Preliminaries of the eighth Council of Constantinople, which the Latins hold for Ecumenical, but is rejected by the Greeks: Tom. 6. Concil. pa. 872. Nicetas observes, that several were named to fill the vacant Chair, and that St. Ignatius was preferred before the rest. V The Examination of him that shall be presented, shall in the first place be made by Propositions out of the Word of God upon the Texts of Scripture which shall be given to him, the one in French; of necessity, the other in Latin, if it be thought expedient by the Colloque; for each of which he shall be allowed 24 hours' time to prepare himself; if therein he satisfies the Company, it shall be farther known by a Chapter in the New Testament which shall be assigned him, whether he is skilful in the Greek, so as to interpret it; and as for Hebrew, it will be requisite to know if he understands it so far as to make choice of good Books for the better understanding the Scriptures; whereunto shall be added an Essay of his Industry and skill on the most necessary Parts of Philosophy, all in Charity, without affectation of difficult and unnecessary Questions. To conclude, there must be required of him a short confession of Faith in Latin, upon which he shall be examined by way of Dispute; and if after this trial, he shall be found capable, the Company representing to him the obligation of the Office whereunto he is called, shall declare to him the power which is given to him in the Name of Jesus Christ, of Administering as well the Word, as the Sacraments, after his entire Ordination into the Church whereunto he is appointed, the which shall have notice of his Election by Acts and Letters of the Synod or Colloque, carried and read by one of the Elders. CONFORMITY. After what I have hitherto said, it cannot reasonably be doubted, but that in all times, those have been Examined in the Church, which were to Labour for her Instruction and Edification, and which were to serve in Preaching the Word, and Administering the Sacraments; I grant this Examination may differ according to the diversity of Places and Persons, which were to do the Office of Examiner's; some doing it with more Exactness and Severity, and others with more Mildness and Charity; and I can't tell if ever there has been seen on this Subject, a more strict and exact establishment than that which our Discipline doth prescribe: Whatever it is, it is most certain, that is, That the Examination of Life and Doctrine, however 'twas performed, always preceded Ordination. The 19th. Canon of the 1st Council of Nice, the 12th of that of Laodicea, and the 1st and 4th of Carthage, ordaining it should be so; although the latter makes it more ample than the two others, and declares distinctly, the Questions which were to be made, and the Articles upon which those were to be Interrogated which were to be called to be Bishops; and I make no question, but 'twas with regard to this Examination, That Gregory the first condemned in his Pastoral, Part. 1. c. 1. T. 1. Paris. 1586. The temerity of those which being ignorant and destitute of knowledge, would presume to take on them the Office of Pastors, never considering that the Conduct of Souls, is the Art of Arts: That is to say, the Noblest and most Excellent of all the Sciences, and withal, the most Difficult, the most Intricate, and most Laborious, and by consequence, requires more Study and Care than any other whatsoever. What a shame would it be for a Pastor, to speak yet with the same St. Gregory, Part. 2. cap. 11. in the same Treatise, If he should go about to learn, in the time that he should resolve the difficulties should be proposed to him? Whereas he ought always to be ready, to give to Believers the satisfaction which they desire, upon things which concern Conscience and Salvation. This laudable Custom continued a long while after the Death of Gregory; but since the Ninth Century, the Examination of Pastors was insensibly brought to so mean a State, that there needed not much Learning to Answer the Questions that were proposed: And to conclude, The greatest part of the Vocation and Consecration of those to whom the Care and Conduct of Souls was committed, consisted only in Show and Ceremony, or at least so little heed was taken of their Judgement and Capacity, that there was seen to grow in a little time, from a practice so different from that of the Primitive Christians, that gross Ignorance, which was the Spring and Cause of most part of the Evils and Disorders which have befallen the Western Church: Not but that several Rules have been made to redress this great Mischief, but it had got too deep root: Besides, Favour and Authority had a greater share in these promotions than the Glory of God, and the Instruction of the People; especially the Power of the Bishops of Rome, who by degrees had gained to themselves the greatest part of Ecclesiastical Power, bethought themselves about the XI. Century, to cause to be demanded, or demanded themselves of the Bishops which were Examined, and in the very moment of their Examination, if they did not promise subjection and fealty in all things to St. Peter, Tom. 10. Probl. Pat. p. 107. and to his Church, to his Viear, and to his Successors, as appears by the Roman Order, which in all likelihood was writ about that time, and where is to be seen at this day amongst the Questions made to the Bishop which was Examined, those which regard the Obedience and Fidelity which I but now mentioned; and there is to be seen in the Roman Pontifical, Printed at Venice in the Year 1582. Page 25. the Form of the Oath they were made to take, and whereunto they engaged themselves in doing it, which are things quite different from the Discipline of the Primitive Christians. I know very well, that about the year 722. Boniface, Archbishop of Mayence, made an Oath to Pope Gregory the II. at the time of his Ordination and Promotion to the Prelacy; but this Oath did properly contain no more but a Profession of Faith, and the Essential Duty of an Apostollical Legate, and of a Vicar of the Holy See, as they express it; which is to make Bishops observe the Canons, and to give the Pope Information of the great difficulties which is therein. I know also this Prelate Assembled a Council, as he recites it in his 105. Letter to the Bishop Cuthbert, wherein he made alike profession to the Bishops which there assisted; but besides that, all this was done but only by Order of the Princes and Bishops of the Kingdom, as may be gathered from the very Letter of Boniface, and from the 1st Canon of the Synod of Leptines, where Prince Carloman protests, That by advice of the Bishops and Nobles of the Kingdom, he settled Bishops in all Cities, and gave them for Chief and Superior, the Archbishop Boniface, Legat of the Holy See. Besides this, I say, these Examples now alleged, went no farther, if my memory fail me not, before the time I mention. VI Him whose Ordination shall be signified to the Church, shall Preach the Word Three several Sundays in public; (but not Administer the Sacraments, nor Celebrate Marriage) in presence of all the People, that they may observe his manner of Teaching: The said People being expressly warned, That if there be any one that know any just cause, wherefore the Election of him so signified, may not be fully ratified, or that he be not liked of, they may come and make it known to the Consistory, who will patiently hear any one's Reasons, to judge of the whole. The silence of the People shall be looked upon as a full consent: But if there be murmuring, and that the Party named, is liked of the Consistory, and not of the People, or the major part of them, his admission shall be deferred, and the whole shall be reported to the Colloqui, or the Provincial Synod, to discern, as well the Justification of the Person named, as of his Reception; and altho' the Person named was there justified, yet he shall not be imposed as a Pastor on the People, contrary to their desire, nor so much as to the dislike of the greatest part of them; nor the Pastor in like manner against his will, to the People; and the difference shall be cleared by order, as abovesaid, at the Charge and Expense of the Church which shall demand it. CONFORMITY. Although a Minister might be judged capable by the Synod, or the Colloqui, which have Examined him, That is not sufficient to Establish him. It is moreover requisite that the Flock that is appointed for him, be satisfied with his Preaching; therefore he is obliged to Preach Three several times, before he receives the Imposition of Hands, to the end, that if his way of Preaching please the People, he may be confirmed in his Ministry; but on the other hand, if all the People, or the major part of them declare, That they are not satisfied with his Preaching, and that his Teaching is not to their liking, Our Discipline doth very prudently Order, that all shall surcease. In effect, as a Minister cannot be forced to yield his Service to a Church, for the which he has no inclination; so in like manner, a Church cannot be obliged to make use of the Ministry of a Man, whose Conduct and Preaching is not acceptable. It is a kind of Wedlock, which requires the reciprocal liking of both Parties; Tom. 1. Orat. 8. p. 148. Paris 1630. There is nothing more firm and profitable, (said to this purpose, Gregory Nazianzen) than to receive freely the oversight of those you receive as your Teacher or Guide; and see here the Reason he alleges for it: Our Law (saith he, speaking of the Canons of the Church) requires not that People should be led by force, it desires that all should be done of freewill, and without constraint. And because it often happens, that Ministers give no cause on their part, for the refusal made of their Ministry by the Churches, although 'twas appointed for them, and that this refusal has no other ground, but the humour of an inconstant People; the Ancient Canons have provided, in declaring that these Pastors shall partake of the Honour of the Office and Function of a Minister; and that the Provincial Synods shall provide them some settlement elsewhere. The 18th Canon of the Council of Antioch, in the Year of our Lord, 341. is clear in the Case; If a Bishop go not to the Church for which he was Consecrated, and that it don't happen through his fault, but by the opposition of the People, or for some other subject for which he is not the Cause; Let him partake of the Honour, and of the Ministry, provided he causes not any trouble to the Church whither he retires; and let him take what the Synod of the Province shall judge convenient. All the difference there is to be seen betwixt this Canon and the Article of our Discipline, is, That then the Pastors which were sent to the Churches, had already received Ordination; whereas amongst us, it is to be received in the Church itself whither one is sent: Nearer to which there cannot a greater Conformity be desired. The 36th Canon of those fathered on the Apostles, prescribes in effect, the same as that of Antioch. After all, by this Order of the Canons, Pastors could not be imposed on the Churches against their liking; so it is that Pope Celestin writes in the 5th Century, to the Bishops of the Provinces of Vienna, and of Narbona, Let no Bishop be given to those which oppose his Establishment; Tom. 1. Conc. Gall. p. 57 and let the consent of the Clergy and People be first had, to know if they desire to have him for their Pastor. Leo the 1st, Successor to Celestin, after Sixtus the 3d, writes near hand the same to Anastatius, Bishop of Thessalonica, p. 84. c. 5. Lyon. 1652. and pretends, That the Bishop be desired by the Clergy and the People, and that without it, he ought not to be sent; fearing lest the People having received against their will, a Bishop that they had no liking to, might slight or hate him, and not being able to have him they desired to have, they out of measure decay in Piety and Religion. The 5th Council of Orleans, in the Year 549. renews in the xi. Canon, the Ancient Decrees, and pronounces Sentence of Deposition, without hope of Restoration, against those which intrude into the Ministry any other way; and that do by violence usurp the Conduct of a Church, against the Will of the Clergy and People whereof it is composed, and without having been called unto it by any lawful Ordinance. And the 3d of Paris, Assembled Anno Dom. 557. Emplies also to this same effect, Ibid. The 8th Canon contained in terms no less strong than that of Orleans. There would never be an end, should one undertake to cite all the Testimonies of the Ancients, touching the part Believers had in Election of their Conductors; for besides what I have hitherto writ, there are a great many proofs of this Truth: For instance, L. 6. c. 43. p. 245. That which is said by Cornelius Bishop of Rome, in Eusebius, of the Ordination of Novatian unto the Office of Priest; for 'tis easily collected out of this Relation, That the People were wont to give their Voices and Consent in these occasions. The Fathers of the 1st Council of Nice, speak fully of the Choice of the People, Apud Theodor. l. 1. c. 9 Ibid. 1.20. p. 50. in the Letter which they wrote to the Church of Alexandria. The Emperor Constantine writing to those of Nicomedia, he says, That 'tis in their power to make choice of what Pastor they please; and that it depends freely of their Judgement. The Council of Chalcedon in the xi. Action, speaking of the Church of Ephesus, saith, Tom. 3. Concil. p. 410. & 462. That a Bishop shall be given them, as shall be Elected, by the consent of all those which he is to feed. And in the 16th Action, there is also mention made of the suffrage of the People: Those that will take the pains to read the 20th Chapter of the 4th Book of Theodoret's Ecclesiastical History; the 15th of the 5th Book of that of Socrates, the 19th of the 8th of Zozomen, the 12th of the 2d of that of Evagrius, with the 67th and 76th of Synesius, will find several Examples of the Practice which I Examine. The IX. Century affords us a Treatise expressly about Elections of Bishops, written by Florus, Deacon of the Church of Lions, the which is contained at large in the 2d Volume of the Works of Agobard Bishop of the same place, of the last Edition, for which we are beholding to the care of Mr. Baluze; Pa. 254, etc. This excellent Writer Establishes throughout the whole Treatise, the Right of the People; and proves, That they ever had their part in the Vocation of their Pastors; and that this was also practised in his time, and also in the Roman Church. To conclude, The Vocation of a Minister was not thought Legitimate, if the Voice of the Clergy and People had not intervened, which practise continued also in the XIIth Century, at least in the West, as appears by a Treatise of Arnulph Archdeacon of Siez, and afterwards Bishop of Lisieuz, against Gerrard Bishop of Angouleme; Tom. 2. p. 343, & 363. for he saith in the 2d Chapter, That there's no likelihood, that the Clergy nor the People had any part in his Election. And in the 7th, wherein he reproaches him to have usurped the Archbishopric of Bourdeaux, he speaks after this manner; The desire of the People did not precede, no more than the Election of the Clergy. I proceed on farther, and I say, the same practice was observed in the beginning of the 13th Century; therefore a Council of Avignon Assembled the Year 1219. by the Legates of Pope Innocent the 3d, was obliged to prohibit it in the 5th Chapter, Ubi supra, p. 613. We forbidden the Laity to intermeddle by themselves or any else, in the Election of a Bishop, or of any other Church Guide. And in all likelihood, the Council made this Decree in regard of the Albigenses, who doubtless followed the Ancient practice, and with whom the Legates of this same Pope had a Conference in the City of Mountreall near Carcassone, three years before, whereof there is mention made in the 18th Chapter of the 2d part of the History of the Eucharist. In the main, I believe, that since this Council of Avignon, the People have, by little and little, been deprived of their just Rights; from thence it is, as I suppose, that Pope Gregory the Tenth which ordered several things about Elections in the Council of Lions, in the year 1274, Tom. 7. Concil. p. 885. ad 887. saith nothing at all of the suffrage of the People, although he speaks several times in general terms of those which do elect. VII. He who has consented to be Ordained to the Holy Ministry, shall receive the Office which shall be given him, and at his refusal shall be solicited by all convenient Exhortations, but he is not to be constrained. CONFORMITY. From the time that one has consented to make choice of him to settle him in the Office of the Holy Ministry, he is engaged by a kind of promise that he is bound in Conscience to accomplish; so that it is just to represent his Duty to him, and to exhort him to bear without reluctancy the yoke which he had a design to take on him. Nevertheless, because these kind of actions should be free, and that the work of the Lord ought to be without constraint, it cannot reasonably be used towards those which refuse to accept this Office, whatever inclination they had to it before; according to which the third Council of Orleans assembled Anno Dom. 538. discharges the Pastors which were chosen into Orders by force, or against their will; it discharges them from their Employment, without debarring them from the Communion; Can. 7. t. 1. Conc. Gal. p. 250. but as for Bishops that have the confidence to make such Ordinations, the Synod imposes on them a years Penance, and suspends them from the functions of their Ministry. The 36th. Canon of those which go in the Apostles Names, differs a little from this practice, and is something more severe. In the main, the ancient Discipline never approved force nor constraint in these Occasions, although some instances are found in the Ecclesiastical History. VIII. The Election of Ministers shall be confirmed by Prayers, and the Imposition of hands; nevertheless in avoiding all superstition, according to the form which follows. The manner of the Imposition of hands, commonly observed in the Churches of France, in the Ordination of Ministers. All abovesaid having been observed, two Pastors which for this purpose have been deputed by the Synod, or Colloque, to lay hands on him that is elected, being come to the appointed place; him of them that is to Pray, shall briefly treat of the Institution and Excellency of the Ministry, alleging the passages of Scripture most fitting to the occasion, as Eph. 4.11. Luk 10.16. Joh. 20.21. 1 Cor. 4.1, 2. 2 Cor. 5.18, 19, 20. 1 Tim. 1.2, etc. and others the like, exhorting each one to beware, to the end that as well the Minister as the People, discharge their Duty: The Minister discharging himself so much the more carefully of his Employment, as he knows 'tis precious and excellent in the sight of God; and the people receiving with all reverence the Word of God, which shall be delivered by him, which is sent unto them. Then shall be read in the presence of all what is written, 1 Tim 3. Tit. 1. and 1 Pet. 5. where the Apostle teaches what a Minister should be. And to the end God would be pleased to bestow his Grace on him which is Ordained, well and faithfully to acquit himself, a short Prayer should be made to this effect, wherein the said Minister shall include these words, or others to the same effect: That thou wouldst be pleased, Oh God, to endow with the Gifts and Graces of thy Spirit, this thy Servant lawfully Elected, according to the Order established in thy Church, supplying him abundantly with all Gifts necessary for well discharging his trust, to the Glory of thy Holy Name, the Edification of thy Church, and the Salvation of him who is now dedicated and consecrated by our Ministry. Then they shall lay their hands on his head: Him that Prays standing at the Chair, and him for whom he prays, on his knees; Prayer being ended, and the new Pastor standing up, the two Deputies of the Synod or Colloque, shall in presence of all the people give him the hand of fellowship; and let this Form, with the direction abovesaid, be generally observed in all the Churches. CONFORMITY. There are several Considerations to be made on this Article, and on the form which is above recited. In the first place, the Minister to whom it belongs to Preach, aught in his Sermon, to treat of the Institution and excellency of the Ministry, and of the duties of this weighty Office; whereupon we find a great many excellent passages in the Writings of the Ancient Fathers of the Church, and several holy reflections capable to infuse into Pastors an ardent zeal, and a sincere affection, in performing the several Duties of their Office. Not to speak of Gregory the First, having composed an entire Treatise to explain the Functions of this Excellent Office; and it is very probable that in the time of Ordination it was signified to those which were to receive it, whereunto the conduct of souls which God committed to their charge, obliged them: The first Canon of the fourth Council of Carthage, insinuates it thus, having touched all the several things about which he will have him examined which is to be established in the Ministry, Tom. 1. Concil. p. 727. he adds, When he has received the Episcopacy in the Name of Jesus Christ, let him not follow his pleasures, nor the inclinations of his mind, but let him submit and acquiesce to these Decrees of the Fathers. And I make no doubt but what was practised in Africa in the time of this Council in the Ordination of Bishops, did tacitly warn them of their Duty; for we find in the second Canon, that two Bishops laid on his head the Book of the New Testament, and held it there during the whole action; we read almost the same thing in the Constitutions under the Apostles Names, and in the Roman Pontificial, and in the XI. Chap. of the second Book of Durandus his Rational, St. Chrysostom, or rather some one else in his name, teaches in the Homily, that there is but one Legislator of the Old and New Testament; he teaches, I say, that the reason wherefore this Ceremony was practised in the Ordination of Bishops, was to mind them, that to be Rulers over others, they were subject nevertheless themselves to these Divine Laws, and obliged to observe its Commands. Moreover, it appears by all I have said, that the Author of the Book of Divine Offices, which is falsely attributed to Alcuin Tutor to Charlemaign, and to Amalarius Fortunatus, who lived in the time of Lewis le Debonair, it appears they were deceived, when they said the former in the 37th. Chap. and the other in Chap. 14. of the Book of Fcclesiastical Offices, that this Ceremony which I have touched, was not countenanced by the authority of the Ancients. The second Consideration regards the Imposition of hands which the Apostles used in Establishing of Deacons, Acts 6.6. and in that of Pastors and Ministers under the name of Elders, Acts 14.23. for the Greek word, which may be referred to the suffrages of the people, does commonly signify the Imposition of Hands, whereof express mention is made, 1 Tim. 4.14. & 5.22. a Ceremony which the ancient Christians always practised in these Occasions: I should be over-tedious should I cite all the passages which confirm this truth; wherefore I shall only instance some places of Antiquity where mention is made of this imposition of hands. St. Cyprian makes mention of it in his 68 Epist. the last Edition; Cornelius Bishop of Rome in the same. St. Cyprian, Ep. 46. Eusein the 8, 23, and 43. of the sixth Book of his Ecclesiastical History, and in the 32. and 7. Book. St. Basil in the first Canon of his first Canonical Epistle to Amphilokius, and in the 192. to the Priests of Nicopolis. The Great Council of Nice in the ninth Canon; that of Antioch in the 10. and 17. and the fourth of Carthage in the second. I pass in silence a great number of other passages, which favour the use of this Holy Ceremony, to observe, That in the very time when they added a great many other things to this Imposition of hands, yet it was nevertheless considered, as the chief of all the rest. Insomuch that in the Theses that were maintained at Paris in the year 1633, June 7. it was taught, That in Orders where Imposition of hands was used, it sufficed, Antir. 2. Part 2. c. 8. p. 72. Paris 1634. Ad valorem firmitatunque Sacramenti, which also is the judgement of many Learned Divines, saith the Jesuit Sirniond; We are indeed of another opinion, for we do not believe that Orders is a Sacrament; but I have alleged this Example to show, that those itself which have accompanied the Ordination of Pastors with several Ceremonies, which are not of the first nor purest Antiquity, do nevertheless give the chiefest place to the Imposition of hands. The third thing observable is, That Prayer was joined to the laying on of Hands; as appears by the passages in the Holy Scriptures cited in the foregoing Section, which was Religiously practised by those which succeeded those first Ministers of Jesus Christ; the second Canon of the fourth Council of Carthage, represents to us one of its Bishops imploring the Blessing of God upon him on whom they laid their hands; St. Basil in his Morals saith, To. 2. Reg. 70. C. 1. p. 476. To. 4. pag. 383. T. 5. p. 326. Paris 1632. That that aught to be done, with Prayer and Supplications. St. Ambrose saith the same in his Book of the Dignity of Priesthood, and in the 60 Epist. Thence it is that the Deacon Hilary in the third Tome of the Works of the same St. Ambrose, expounding the 14 verse of the 4th. Chap. of the 1st to Tim. he looks on the Imposition of hands, as so many mystical words, whereby him that is Ordained, is confirmed for the work of the Ministry. Tom. 4. p. 192. Paris 1623. St. Jerome saith positively on the 58th. Chap. of Isaiah, That Ordination is completed not only by Prayer, but also by the laying on of hands. Theodoret in the 19th. Chap. of his Religious History, in the third Volume of his Works, Printed at Paris Anno 1642, Theodoret joins these two actions together, to wit, Imposition of Hands, and Prayer; as things which should not be separated in the Ordination of Pastors. Twenty five years ago the Letters of Photius Patriarch of Constantinople- in the Eleventh Century, were Printed at London, and at the end of these Letters, five more of this same Patriarch were subjoined, which were taken out of an ancient Eastern Manuscript, in the fourth of which Letters, he declares that Hands were not imposed on a Bishop, But to implore the Grace of the Holy Spirit which is needful for a Minister. Tom. 4. Conc. 525 Ibid. pag. 531 To 1. Conc. Gal. It is doubtless upon this account that the Council of Sarragosa in the year 592, Can. 9 calls this the Benediction; as also the fourth of Carthage, and the first of Barcelona, in the year 599. Can. 3. The Blessing of Consecration. The first of Orleans, Anno 511. Can. 10. speaks of the Benediction of the laying on of hands. This third Consideration opens the way to us for a fourth, which regards the posture of him which is Consecrated, and of him which Consecrates. It may easily be observed from what has been said, that him which Consecrates is standing, and him which is Consecrated kneeling, otherwise it had been hard and almost impossible to lay his hands on him, and to pray to God, holding them on his head, to the end he would be pleased liberally to bestow on him the Gifts and Graces necessary, duly to discharge the Office wherewith he is honoured. But were it so that the truth of this practice, which is very just, could not be gathered from this Discourse, Theodoret gives us no cause to doubt of it; for he observes in the 15th. Chap. of the fourth Book of his Ecclesiastical History, that when there was need of appointing a Successor to Eusebius Bishop of Samosatia, the Synod of the Province cast their Eye on Antiochus his Nephew, and that after his Election he was led towards the Communion Table, and there he was made to kneel down to receive the Imposition of Hands. It remains now to say something of the Number of the Pastors which are to be present at this Holy Ceremony: The 4th Canon of the 1st Council of Nice, appoints this should be done by all the Bishops of the Province; or if that cannot be, that there should be three at the least; the others, by their Letters, approving of the Ordination. The 19th of that of Antioch prescribes partly the same thing, that is to say, it declares, That 'twere to be wished that all the Bishops of the Province could be present; but when there is any hindrance, it doth not specify, as that of Nice, the number of those which ought to be present; it only saith, That 'tis requisite there should several be assisting, or that should consent by their Letters. The 1st of the Canons attributed to the Apostles, requires, That a Bishop should be established by two or three Bishops. Thence it is, that though according to the direction of most part of the Canons, Three Bishops were usually employed for the Ordaining a Pastor; nevertheless Examples are found different from this Custom. Dioscorus Bishop of Alexandria was Ordained by two Bishops; Tom. 3. Concil. p. 539. nevertheless the Fathers of the Council of Chalcedon acknowledged him for a Legitimate Bishop before his being deposed, and frequently termed him, the Most Reverend Bishop. Hist. Eccles. l. 5. c. 23. Theodoret Writes, that Evagrius was Consecrated Bishop of Antioch by Paulin only, and by this means chose him his Successor before his death; yet this did not hinder, but Siricius, and Innocent, L. 7. c. 32. p. 288. the 1st Bishops of Rome, and almost all those of the West, esteemed him as a Lawful Minister. Anatolius, as Eusebius writes in his Ecclesiastical History, received the Imposition of Hands by Theoteckna Bishop of Caesaria, in Pal●stine, and in making him Bishop, made him also his Coadjutor, by reason of his great Age, it not appearing that any other Bishop was present at this Ceremony, although it had been easy to have called others to it; it's true this happened before the 1st Council of Nice; but besides that the other Examples we have alleged are after this Council, it needs only to read the 4th Chapter of the 5th Book of Theodoret's Ecclesiastical History, where will be seen sundry. Instances, of Bishops being Ordained by laying on of Hands of one Minister, to which may be added the 19th Chapter of his Religious History, and the 19th of the 8th Book of Zozomen's History, which makes mention of two several Ordinations made, or ready to be done, without any great necessity, by one sole Bishop, a great while after this Council of Nice. It is not then to be thought strange, if our Discipline mentions but two, seeing also these two do represent the Synod or Colloque which deputed them, and that they do nothing but by virtue of the Power and Authority wherewith those Bodies has invested them; and that moreover one alone may suffice for a due Ordination, as we have just now proved. But before ending this matter, one difficulty which offers must be resolved, to wit, if Hands may be laid on two Ministers at once; for it sometimes happens in our Churches, that two are called together, and some are in doubt, and desire to know if one Minister can give them both Ordination at the same moment. To which I answer, That if one consider the Original of this Ceremony, and the Nature of the thing itself, one may safely agree to lay hands on two Ministers at once. As for the Original, and the Ceremony, every body knows it comes from Jesus Christ, or rather from the Patriarches, which practised it before their Children were Masters of Judea; and 'tis not to be doubted, but Jesus Christ and the Apostles derived this Custom thence when they used it. If it appears then that any of the Patriarches blessed two persons at once, in putting one hand on the head of the one, and the other hand on the head of the other, it seems to me one is sufficiently Authorised to give Imposition of Hands to two Ministers at the same time. Now to know if the Patriarches did so, you need only read Genesis 48. where Jacob blessed the two Sons of Joseph purposely, setting his right hand on the head of Ephraim which was the younger, and his jest on the head of Manasseh, which was the elder Brother. But to remove all doubt and scruple, it needs only cast an eye, on the nature of the thing itself, that's to say, on the Prayer, which is indeed what is the essential part of these kind of Actions, the imposing of the hand or hands being only a bare exterior gesture, to design those for whom the Blessing of God is implored, that it may rest upon them, as one may so speak, much after the same way as the hands do stay on their heads; now no body does question, but that one may pray for two as well as for one; thence it is, that in Eusebius his History there is mention made, L. 1. c. 13. p. 34. to receive Prayers by the hand, to signify, to receive the Blessing of God by Prayer, and the laying on of Hands; so that in effect, 'tis as if he had said, To receive the Blessing of God by Prayer, and the imposition of Hands, as he speaks in Chap. 1. Book 2. To conclude, The Ancients called this Ceremony, which they practised on sundry occasions, Tom. 7. l. 2. c. 26. de pecc. mor. & rem. I say, they called it, Prayers by the hand, or Prayers of the hand, or hands. Or as St. Austin explains himself in some of his Writings, The Prayer of Imposition of Hands. IX. Those which are Elected shall subscribe the Confession of Faith settled amongst us, and the Ecclesiastical Discipline, as well in the Churches where they are Ordained, as in those whither they may be sent. CONFORMITY. The former part of this Article which regards the Confession of Faith, which those are to sign which are established in the Ministry of the Church, relates in the first place to what was practised in the Primitive Church, where when one received the Office of Bishop or Minister, one was absolutely obliged to subscribe to the Confession of Faith of the Council of Nice, and by consequence to what was determined in the three following Ecumenical Councils, touching the Divinity of the Holy Ghost, and touching the Person and two Natures of Jesus Christ. Secondly, It refers also to the mutual Letters which the New Bishops wrote to the others, to assure them they were of the same Communion, and that they had one and the same belief. See here a famous instance, and of the first▪ Antiquity, that is, of the 3d Century, whereof Eusebius has preserved us the memory in his Ecclesiastical History, L. 7. c. 30. p. 282. in his preserving the Letter which the Fathers of the Council of Antioch (where Paul of Samosatia was condemned) wrote to all the Churches. In this Letter, amongst other things, they give advice of the Ordination of Domnus into the Church of Antioch, instead of a Heretic which they had deposed; and they give this intimation, That one may write to Domnus which was the lawful Bishop, and that Communicatory Letters might be received from him. St. Cyprian, at the end of his 67th Letter to Pope Stephen, Let us know, saith he, who has been settled at Arles instead of Martion, to the end we may know to whom to recommend our Brethren, and to whom to write. Theophilus, Bishop of Alexandria, advertises at the end of his 1st and 3d Paschal Letters, all the Bishops of Egypt, of the settling of new Bishops instead of those which were dead, Tom. 3. Bibl. Pat. p. 94, & 112. and says to them, Writ to these, and receive from them, according to the custom of Pacisick and Ecclesiastical Letters. As for Ecclesiastical Discipline, there are a great many Rules which oblige those of the Clergy to observe the Canons, whereof the Discipline of the Ancient Christians was made; so that neither Bishop, nor Priest, nor Deacon, was admitted, who had not first submitted to these Laws, and who did not acknowledge in submitting to them, that 'twas by them he was to conduct the Souls which were committed to his care. I should be too prolix to mention all the passages of Antiquity where ecclesiastics are enjoined to the practice of the Discipline, and observing of the Canons; it shall suffice to mention some, to justfy a Truth acknowledged by all those which have applied themselves to the Reading the Works of Ancient Doctors, and especially of the Councils; Cod. Afric. Justell. Canon 18. That of Carthage, An. Dom. 419. Appoints those who are to impose hands on a Bishop, or to any other Clergy Man, to let them know first of all the Decrees of the Synods, that so they might have no cause to repent of having done any thing contrary to the Statutes of the Council. Pope Celestin, about the same time, thus gins his Letter to the Bishops of Poulia, and Calabria, which is the third in Course; Tom. 1. Concil. pag. 902. That if it be not permitted to any Priest nor Prelate to be ignorant of the Canons, nor to do any thing contrary to the Constitutions of the Fathers; for what is it may be worthy of our care, if giving too great a latitude to the People, at the desire of some persons, the Rule of the Canons is infringed. The first Canon of the Council of Chalcedon, requires that one observe all the Canons had been made till then in the Synods; Tom. 1. Concil. Gall. the 33d of the 3d Council of Orleans, in the year 538, and the 6th of the 4th, of the year 541. with several others which I pass over in silence, do enjoin the same thing. The Fathers stop not there; for not content to have recommended to the Clergy the observation of the Canons, which also they have formally required of them at the very moment of their Consecration, it is in this manner the Fathers of the 4th Council of Toledo have explained themselves in Canon 27. Anno Dom. 633. for they oblige the Priests and Deacons established in Parishes, Tom. 4. Concil. pa. 589. Ibid. p. 824. to promise the Bishop to live , and Holily, and Religiously to observe the Laws and Discipline of the Church; the 10th Canon of the 11th Council of the same place, assembled in the year of Christ, obliges all those which take on them. Holy Orders, to keep the Catholic Faith, and wholly to be subject to Canonical Rules; and that it should not be thought 'twas only Priests and Deacons which were obliged to the strict observing the Canons and Ecclesiastical Laws; the Council of Merida in Portugal, Ibid. p. 802. extended this obligation to Bishops also, and to Metropolitans in the 4th Canon, Anno Dom. 666. X. Ministers shall not be ordained without assigning them a particular Flock, and shall be fit for the Flocks which shall be assigned them; and one Church cannot pretend a right to a Minister by virtue of a particular promise made by him, without Approbation of the Colloque or Provincial Synod. CONFORMITY. The Council of Chalcedon made a considerable Decree on this Subject, which is to be seen in the 6th of its Canons, where the Synod forbids to receive Priest nor Deacon, nor any Ecclesiastical Person whatever, without assigning them a Flock; that is to say, without a Title, to speak after the manner of the Writers of these times; it makes void all Ordinations which is not made in the manner it prescribes, and suspends the Ministry of those which have been established in any other manner; by this means to correct the boldness of the Ordainers. But rightly to understand the sense of the Canon, it must be observed that the Council calls absolute Ordination, an Ordination which obliges not to any certain place; it is what the Greek terms import, used by him, which amounts just to what we say, to Elect without assigning a certain Flock. See here the terms of the Canon; You must not lay hands on any body, neither Priest nor Deacon, nor on any in Ecclesiastical Orders, unless him that is to receive Ordination has been before published and named in some Church in the City or Country, or in some Martyr's Chapel, or in some Monastery; and as for those who are absolutely established, the Synod appoints, that the imposition of hands be null, and that those which received it, cannot serve in the Church; which shall reflect on those which had done it. France caused the Execution of this Decree to be demanded of the Council of Trent, P. 639. c. 3. Paris. 1654. as we find by the Memoirs of Mr. Du Puy; and we have seen in the 4th Article, what the Emperor Alexander Severus said of this practice of Christians, which he mightily approved. The Council of Valentia in Spain, prescribes almost the same thing with that of Chalcedon, in the Year 524. in the 4th Canon. Tom. 3. Concil. p. 820. Collect. Rom. part 2. c. 14. p. 162. That none of the holy Bishops do ordain any body, until he first promises to six in one place, to the end, that by this means men should not have liberty to shun the Rules of Ecclesiastical Discipline. Pope John the VIII. in a Synod of 130 Bishops, made this Decree; Him that thinks fit to establish a Priest, let him assign him a Church, where he may still reside, serving the Lord. Atto, Bishop of Verceill, who lived in the Xth Century, citys the Canon of the Council of Chalcedon in his Capitulary, chap. 30. and in his 31st he saith, Tom. 8. Spirit. Dach. p. 13. Paris. 1668. Churches ought to be built in Convenient places, consecrate them by Prayers, and settle Pastors in each of them. However, These Decrees hindered not, but there were some Persons Ordained and Established in the Ministry of the Church, without being engaged to any particular Flock; as Paulinus, who afterwards was Bishop of Nole in Italy; St. Jerom, and the Friar Macedonius, they were made Priests without assigning them Flocks; but this doth not prejudice what hath been said; for the two former accepted only the Employ, wherein 'twas desired to engage them, only on this Condition, as appears by the 6th Epist of Paulinus to Severus, by the 45th to Alipius, and by the 61st of St. Jerom, chap. 10. As for Macedonius, something of constraint was used in regard of him, if we credit Theodoret in the 13th Chapter of his Religious History. To these Examples may be added that of the Friar's Barses and Eulogius, who by report of Zozomen, were made Bishops for Honour sake only, without assigning them any Church; however, Barses in time was made Bishop of Edessa, and Enlogius succeeded him. XI. Those who are Ordained into the Ministry, are to understand they are entered into it for their whole life, if they are not lawfully dismissed for good Considerations, and that by the Provincial Synod. CONFORMITY. The 7th Canon of the Council of Chalcedon, forbids those that have been once admitted into the Clergy, to bear Arms, or to exercise any worldly Dignity: that is, The Synod requires that they should always abide in the Profession they have taken upon them, and that they should not forsake the Ministry of the Church. Rusticus, Bishop of Narbona, having writ to Pope Leo the Is't, That he was so moved with the Scandals which daily happened, that he could wish to be freed from the Episcopal Office, to lead a more tranquil and quiet life; the Pope answering the Bishop's Letter, Tom. 1. Conc. Gall. p. 111. intimated to him, That he could not with a safe Conscience forsake the Office he had undertaken, nor flinch from the Employment committed to his trust. It is in this same Sense that Pope Felix the iv Ann. Dom. 528. wrote to Caesarius, Bishop of Arles, That the Establishment of Church-Guides ought to be firm, and immutable. Tom. 1. Conc. Gall. p. 254. Tom. 7. Conc. p. 153. In the Year 895. there was a Council held at Tribury, near Mayence, composed of 22 Bishops, which in the 17th Canon renewed that of Chalcedon, which we above cited, and which anathematised those of the Clergy which did not repent of having left their Cures, and which did not return to them. Pope Calixtus the II. assembled a Council at Tholouza, the Canons whereof are inserted in the 18th Chapter of Monsieur De Marca's 8th Book, De Concordia Imperii & Sacerdotii. The 10th of these Canons Excommunicates the Clergy we speak of, until they have repent of their prevarication. A great while before, Tom. 5. Part. 2. p. 211. Paris. 1638. to wit, in the Vth Century, and before the assembling of the Council of Chalcedon, St. Cyril of Alexandria complains of this Abuse in his Canonical Epistle; There is, saith he, another thing which doth not agree with the Decrees of the Church, which is, That there are Priests which present Renunciations by writing; for if they are worthy to exercise the holy Ministry, they must reside on it; and if they are not worthy, they do not leave it for their Resignation, but because their own Deeds condemn them. Thence it is, that Loup, Abbot of Ferriers in Gattinois, said in the IXth Century, That as nothing but Adultery could dissolve carnal Wedlock, so also it is not permitted to lay aside the Pastoral Charge once received, Ep. 2 Paris 1664. whilst one may contribute to the good of the Flock. Nevertheless, there are sundry Examples of those which in divers times, and in divers places, have for quietness sake renounced the Ministry; that is, they have forborn exercising the Functions, and exercising the Office of a Bishop: thus was was it done by Eustathius, Tom. 3. Conc. p. 428, 429. Metropolitan of Pamphilia, to whom the Ecumenical Council of- Ephesus, in the year 431. preserved the Name, Honour, and Communion of a Bishop. Martirius, Bishop of Antioch, withdrew himself by reason of the Extravagance of his Clergy, the Disobedience of his People, and the Corruptions of his Church; but in preserving to himself the Honour and Dignity of the Ministry, as Theodorus Lector writes in his Ecclesiastical History. L. 1. p. 555. In the next Age there happened almost the same thing to Paul, Bishop of the same City of Antioch, in the VIth Century: and in the very Infancy of Religion, St. Clement, Tom. 3. Conc. p. 800. Disciple of the Apostles, advised Pastors, whose Churches were not well satisfied with them, he counselled them to go elsewhere, and to acquiesce to the desire of the People, assuring them to obtain a great degree of glory in Christ Jesus; adding, Ep. ad Cor. p. 69. That those who have lived according to the Rule God has prescribed, has always, and will ever do after this manner, because they ought to desire nothing more than the Peace and Edification of the Churches. Pope Innocent the IIId, in the 1st Book of Decretals, tit. 9 cap. 10. Nisi cum pridem, proposes sundry Reasons wherefore it may be permitted to renounce the Conduct of a Flock; for instance, The reproach our Consciences makes us of some Crime, infirmity of Body, want of Knowledge, the wickedness of the People, some grievous Scandal, or some personal Irregularity; these are the Reasons for which this Pope thought one might desire to be discharged from the Ministry of the Church. XII. The Office of Ministers is principally to Preach, and declare the Word of God to their People; and they shall be desired to abstain from teaching in any strange way, not tending to Edification, and conforming to the Simplicity, and ordinary Style of God's Spirit, taking heed there may be nothing in their Sermons which might bring any prejudice to the Honour and Authority of the Holy Scriptures. They shall not Preach without choosing for the Subject-matter of their Discourse, some Text of the Bible, which they shall keep close to; and their Text they shall take, and explain the best they can, avoiding all unnecessary Amplifications, tedious and needless Digressions, of many Passages of Scripture, not pertinent to the matter in hand; and of reciting various Expositions. They shall be moderate in alleging the Writings of Ancient Doctors, and much less Profane Authors, and Histories. They shall not deliver their Doctrine in Scholastic manner, nor intermix with strange Languages. To conclude, Let them avoid every thing that may tend to Ostentation, or any way give Occasion to suspect it; to which the Consistories, Colloques and Synods, shall take special heed. CONFORMITY. The Preaching of the Word being the principal duty of the Holy Ministry, the Compilers of our Discipline have taken particular care exactly to prescribe to Ministers the Subject and Manner of doing it; these are the two things contained in this great Article; As to what regards the Subject of their Sermons, it must always be taken in the Holy Scripture; The Council of Laodicea calls it, The Dispensation of the Word of Faith, Can. 12. and of the right and true Word; and it is with regard hereunto, Tom. 1. Concil. p. 728. Tom. 4. Concil. p. 820. that of Carthage, Ann. 398. appoints in the 20th Canon, That the Bishop should apply himself only to Reading, Prayer, and Preaching of the Word of God. The Council of Toledo, assembled in the Year of our Lord 675. employs the 2d of its Canons to prescribe to Pastors their Duty, saying, They should always have in their mouth the Sword of Truth, be powerful in exhorting by holy Doctrine, and to convince Gainsayers; and not to turn aside from reading the Holy Scriptures, seeing they have received the Office of Preachers: And having observed that the dumb Minister is not fit to instruct his Flock, The Assembly declares, That the true Pastor ought to find out those who are under his care, either to instruct them without arrogance, if they are ignorant; Tom. 1. Conc. Gall. Ibid. c. 3, & 10. or to rejoice with them for the progress they have made in the knowledge of the Mysteries of their Salvation. The Council of Reims, in the Year of our Lord 813. enjoins Bishops and Pastors in the 14th Canon, To preach the Word of God to all the World. The VIth of Arles, in the same year, requires that all the business of Bishops should be Instruction, and Preaching, because Ignorance is the Mother of all Errors; and that the Word of God should be taught, not only in Cities, but also in the Parishes. In the Year 858. Herald, Bishop of Tours, made a Capitulary, taken out of Ancient Canons, in the 9th of which he appoints, That Priests should preach to all the Faithful, Tom 3. Conc Gall. p. 111. the Doctrines of Faith, the Incarnation of Jesus Christ, his Death, Resurrection, his Ascension, the Gift of the Holy Ghost, and the Remission of Sins. To all which may be added the 58th Canon of the Apostles. If after the Decrees of Councils, we consult the Ancient Doctors, they will also testify, that Ministers are particularly called to Preach the Gospel, and to declare to their Hearers the word of Truth; My Sheep, said to this purpose Gregory Nazianzen, Orat. 25. p 440. My Sheep hear my voice; that is to say, that which I have received from the Divine Oracles, which I have preached ever after one manner throughout the whole course of my life, without complying with the Times, and which I will never forbear to preach; Tom. 4. p. 266. and St. Jerom in his 3d Book of Commentaries upon the 16th Chapter of Jeremiah, saith, It is the Duty of Pastors to teach; it is what the putting the Bible on their head at their Ordination should put them in mind of. This will appear yet more plainly, if after having considered the Subject and Argument of Ministers Preaching the Gospel, we also examine the Matter, which according to our Discipline, should be plain, conformable to the Scripture, fit to Edify, free from intricate School-questions, and from all Ostentation. Let us now inquire if the Ancient Christians did otherwise. The Council of Carthage, Tom. 1. p 110. Paris. 1574. Ibid. p. 185. in the Year 398. which we have often cited, desires in the 1st Canon, That the Doctrines of Faith should be taught with simplicity. Origen in his 16th Homily upon Leviticus, desires the Word may be preached to purpose, and that one should accommodate himself to the Capacity of each person in giving Milk to some, and strong Meat to others; and in the 7th Hom. upon Joshua, Ibid. l. 2. p. 393. he advises to shun the beauty, pomp, and ornament of Rhetorical Philosophers, Poets, and Writers of the Age, of whom Valentine, Basilides, and Marcian, learned their Heresies: In the 9th Book of his Commentaries on the 12th Chap. of the Epistle to the Romans, he saith, So much care must not be taken to please the Hearers, as to work on their Affections, and to inspire into them the love of Virtue; observing on this occasion, that it often happens, that the most Eloquent and sublime Preachers, only tickle the Ears with pleasing words of humane Learning, but do not work on the heart; whereas many times those which study plainess, and preach without affectation, convert many to the Faith, humble the Proud, and bring Sinners to repentance. St. Busil in his Morals, saith several things which agree very well with the Article, whose conformity we seek to find with the ancient Discipline of the Primitive Christians: For Example, Tom. 2. Reg. 70. C. 5, 6, 7, 23, 26. That one must not teach otherwise than we have learned in the Gospel; that we must preach all things our Saviour has prescribed to us in the Gospel, and by the Ministry of his Apostles, and all things conformable to them; That those to whom the preaching of the Gospel is committed, should not conceal any thing which is pleasing to God, fearing lest they should render them elves guilty of the death of those which perish; That the Word of God must not be preached for Ostentation, nor flatter those which hear it, the more to serve our own Pleasure or Conveniencies; but act as if we spoke for the glory of God in his presence; and that to preach the Gospel one must not make use of any Prerogatives or Advantages that should advance us above others, fearing lest the grace of God should be frustrated thereby. There can nothing in the World be seen more conformable to our Discipline. In the main, all I have said on this Article is grounded on the Precepts and Example of St. Paul; I say on his Precepts, 2 Tim. 1.13. & 2.14. & 3.2. Hold fast, saith he to Timothy, the form of sound words which thou hast heard of me, in faith and love, which is in Christ Jesus. Of these things put them in remembrance; charging them before the Lord, that they strive not about words to no profit, but to the subverting of the hearers. Preach the word, 2 Tim. 3.3. be instant in season, out of season; reprove, rebuke, exhort, with all long-suffering and doctrine, reproving those who having itching ears, make teachers after their own minds. 1 Cor. 1.17. & 2.14. I say in the next place, according to his Example; for he declares, That Jesus Christ sent him not to Baptise, but to Preach; not with wisdom of Words, nor with excellence of Speech; and that his Preaching was not in flattering words of humane Wisdom. XIII. The Churches are warned more frequently to use Catechising, and Ministers to treat and Expound it by succinct Questions and Answers, simple and familiar, accommodating themselves to the People's capacity, without entering into long Common-place Discourses: It is also the duty of Ministers to Catechise each one of their Flock, once or twice a year, and to exhort every one to come diligently to be Catechised. CONFORMITY. The Instruction of the People being the End which Jesus Christ proposed in establishing the Ministry of the Word, it is worthy the prudence of those which are called to teach others, to begin by those things which are the chiefest Essentials of Religion, and which are the easiest to be understood, as are the fundamental Points of Religion; the Summary whereof we have contained in the Apostles Creed: therefore it was that in the Primitive Church, Catechisms were instituted, wherein was familiarly explained to the Catechumeny, the Doctrines of Heaven, the knowledge whereof is necessary to Salvation, and without which they could not receive the benefit of Baptism. Of this kind, for instance, are the Catechisms of St. Cyril of Jerusalem, wherein he explains the Articles of the Creed proportionable to the Capacity of those whom he instructed, to put them into a state fit to receive Baptism, and to be plunged in the Mystical Waters of this Sacrament of our Regeneration. But to ascend higher than St. Cyril; Euseb. Hist. l. 5. c. 10. & l. 6. c. 6. Can. 3. etc. 26. Can. 15, & 29. from the very first beginning of Christian Religion, there were public Schools at Alexandria, and places appointed for this Exercise, and where the rudiments of Faith was taught; or, as the Apostle speaks, The rudiments of the first beginning of the word of God. In the 2d Century, Pantenus, an Eminent Philosop, kept this School, and then exercised the Office of Catechist: Clement of Alexandria succeeded him, and he had Origen for his Successor, aged but 18. years. Origen left the Conduct of this School to Heraclas, and Heraclas to Dennis; and these two last were successively Bishops of Alexandria. The Authors of our Discipline had therefore good reason to exhort the Churches to have frequent Catechising, which is of great benefit, and singular edification. XIV. Ministers, with their Families, shall actually reside in their Churches, or Parishes, under pain of being deposed from their Office. CONFORMITY. In the first Ages, Pastors were so full of zeal for the Glory of God, and so industrious for the Edification of their Flock, that 'twas superfluous to exhort them to Residence, seeing they had no other thoughts but to do it in the places assigned to their care, and where the Families lived which were committed to their conduct; neither do we find in those times any Canons which enjoin them to this Residence, because they themselves of their own free will were inclined to do it; and that 'twas not heard of that a Pastor did not dwell in the midst of the Flock to whom he owed his care and presence. De Lapsis. St. Cyprian complained of certain Bishops which encumbering themselves with secular affairs, abandoned their Churches, and the care of that holy administration whereof they were to render an account to our Saviour: And in his 56 Epistle to those of Thibari, he showeth, that in the present conjuncture, he could not safely leave his Church, and the People God had committed to his Charge. St. Ambrose sufficiently testifies that he was really persuaded of the necessity of Residence, when he wrote to the Emperor Theodosius, that if the dread he had of the Tyrant Eugenius had obliged him to quit Milan for a little time, yet he returned thither as soon as the storm was passed over; Lib. 7. Ep. 58. To. 5. p. 322. P●r. 1632. I hastened, saith he, to return as soon as ever I heard that him whose presence I thought I was bound to shun, was gone: for I forsook not the Church of Milan, which the Providence of God committed to my care; but I desired not to see him that made himself guilty of Sacrilege. He speaks of Eugenius, who usurped the Empire after having cruelly put to death the Emperor Valentinian the younger. This holy Doctor elsewhere represents the damages occasioned to the Church by the absence of its Pastor, especially when he observes the People omit frequenting the Holy Exercises, and not only the People, but also the Clergy themselves become more remiss in things of Piety and Religion. St. Austin declares plainly in the 138 and 227 Epistles, that he never forsook his Church but upon indispensible necessity. In a request presented by some Friars to the Emperors Theodosius the Younger, and Valentinian the Third, against Nestorius, they accuse him amongst other things, That for the executing his outrages, he employed foreign Clerks which he made come from other parts, that is to say, other Clergy besides his own: Tom. 2. Conc. pag. 222. Although according to the Ecclesiastical Canons, say they, they are not permitted to live in another Diocese, or in another Church, but only in those places and Cities where they received Ordination by the Imposition of hands, there to reside peaceably. It is not easy to affirm with certainty, if the Canons whereof they speak were reduced into writing, or rather if they were not customs and uses settled in the Churches by long practice; for this term of Canon or Rule, has sometimes this signification in the writings of the Ancients; and what induces me to think so, is, That till the Fifth Century, when this request was presented, it was not very needful to make Canons to oblige Pastors to reside in their Churches, if it be not that one may apply to this Residence the Canons which prohibit the Translation of Bishops from one place to another, whereof we shall treat hereafter. I know very well, that the Council of Sardis had in the year 347, made some Decrees which in some fort regarded Residence; but besides that these Canons were not much known in the East, they were not properly made for establishing of Residence, nor precisely to oblige Bishops thereunto, but only to inform them in presupposing it as an indispensible Obligation, in what occasions, and for what time they were permitted lawfully to be absent from their Churches; in effect, in the eighth Canon, the Fathers of Sardis allow Bishops may go to Court if the Emperor send for them, or if the protection and defence of the Poor, of Widows, and Orphans oblige them to it: It is true, that in the ninth and tenth Canons they restrain the permission granted in the former, and do not permit Bishops to go themselves to Court, but when they are called by the Prince; nevertheless they agree they may send one of their Deacons to obtain some favour in behalf of distressed persons; but they consent to it upon prudent and judicious reasons, and which are to be looked upon as necessary precautions against the ambition of Bishops, to whom the same Council positively forbid, Can. 14, 15. To be absent from their Churches above three Weeks, unless some pressing necessity constrain them to it. When under the second Branch of our Kings, the Prince cast his eye on any Bishop to make him his Arch-Chaplain, he was forced to demand leave of the Synod and Pope, Con. Fran. cap. 55. Tom. 2. Conc. Gall. p. 217. the Bishops of Rome having already got great power in France; I say he was forced in some sort to desire their leave to get him away from his Church, to have him near his person, because every body was then persuaded that Pastors were bound in Conscience to make their Residence in the midst of their Flocks. I believe Plurality of Live, as is spoken at this time, has given a mortal blow to the case of Residency, and has by this means introduced ignorance into the Church, and together with Ignorance, Superstition, which is the Daughter of Ignorance; this wicked custom was a long while unknown amongst Christians, seeing the first Canon which formally condemns it, is, if my memory fail not, the fifth of the sixteen Council of Toledo, assembled the year of our Lord 693. I confess that the tenth of the Council of Galcedon forbids Clerks to enrol themselves in two Churches at once; but that of Toledo is formal on the matter I examine, That there be not granted to one Priest several Churches, because he cannot do service in all, nor help the People in the Priestly Functions. Since that time, this sort of prohibitions have been frequent in the West, as may be easily made appear, were this the place to do it; it shall suffice to allege at present, the demand which Charles the Ninth caused to be made by his Ambassadors at the Council of Trent, That but one Benefice be conferred on one person, in taking away as to what regards Plurality, the difference of Benefices, Compatibles, or Incompatibles, because this distinction which is new, and unknown to ancient Decrees, has also occasioned great Evils to the Catholic Church, and that Regular Benefices be given to Regulars, and Secular ones to Seculars, and that for those which at present enjoy two or more, either that they hold only that which they shall make choice of in a little time, or that they suffer the punishments inflicted by the ancient Canons. However it be, zeal being grown cold, and Pastors abating in the care they formerly took in the Edification and Salvation of those committed to their charge, there was an absolute necessity of making Laws to enjoin Residence; whereas formerly, they did it of their own freewill and inclination, to discharge their Consciences of the Duties of their calling. Pope Eugenius the Second, seeing in the Ninth Century they dispensed themselves from dwelling with their flock, Coll. Rom. p. 2. c. 6, 7: p. 23, 24. made a Decree in a Synod held at Rome, having this Title, That Bishops do not live out of their Dioceses; the Canon is conceived in these terms, Bishops should keep always at their Churches, to labour with Piety for their edification, because the absence of the Bishop many times becomes the misfortune of the People: And in the following Canon he will have Cloisters built near the Churches for the Dwellings of inferior Clerks, to the end they may give attendance to the study of Ecclesiastical Discipline. The Council of Meaux Anno 845, Tom. 3. Conc. Gal. c. 36 p. 42. made another Ordinance much like it, That Priests be not suffered to lodge abroad where they list, but that they keep always at their Churches, by reason of Divine Mysteries, and to yield to Litanies the services they own to them; and that they have not liberty to dwell elsewhere. After abuses had in this regard crept into the Church, it cannot be doubted but many Settlements were made to restore things to the ancient Model, and to show the necessity and importance of it, because in truth the Obligation of Residency is greater than most people are ware of, seeing that Pastors are obliged wholly to their Flocks, and all the parts of their Ministry is destined for them: Nevertheless whatever Decrees have been made to establish the ancient Discipline, it could not be prevented, but in these latter ages an extreme negligence has succeeded in the practice of so holy and sacred a custom; therefore in the days of our forefathers, the question of Nonresidence was debated with much heat in the Council of Trent, Hist. du Conc. lib. 6. p. 592. ad 600. & p. 621. ad 616. avec le liure 2. p. 309, 310, 311. ● Troy's 1627. insomuch that the Spanish Prelates were so stiff, that they declared it was Jure Divino, of Divine Institution; which alarmed the Legates, and gave a furious shock also to the Court of Rome; for 'twas foreseen if this Article should pass, a part of the Pope's Authority should be retrenched, the Plurality of Benefices, which has occasioned so great mischief in the Church, should be abolished, and the Cardinals should be deprived of that which supported the splendour of their Purple Robes, in depriving them of Benefices for Nonresidence; but means were found to allay these heats, and to compose matters to the satisfaction of the Bishop of Rome, and his Court: However this same Council in the 24th. Session, and in the Decree of Reformation, seems to have prescribed some remedy to the evil which arises by Nonresidence, but it did it in such a manner, as it left the door open to the abuse, which far from diminishing, has increased more and more. But that there may not be any contest on occasion of our Discipline, enjoining Ministers and their Families, to make actual residence in their Churches, that is, with their Wives and Children, as if the Ancient Bishops were never Married, and as though they never lived in their Churches with their Families; it's necessary to justify our Practice by some Examples: The first shall be that of the venerable old Cheremon, Bishop of Nile in Egypt; for Eusebius mentions in the 42d Chapter of the 6th Book of his Ecclesiastical History, That when the Persecution of Decius raged, he retired into a Mountain with his Wife, who never forsook him: And in the 9th Chapter of the 8th Book, he makes mention of Phileas Bishop of Thmuis in Thebaide, who suffered Martyrdom under Dioclesian, although the Judge which condemned him, did what he could possible to make him renounce Jesus Christ, in exhorting him especially to have pity of his Wife and Children. Spyridion, Bishop of Trimythunte in the Isle of Cyprus, in the days of the Emperor Constantine, lived in his Church with his Wife and Children, as is witnessed by Zozomen; L. 5. c. 11. It's only needful to Read the 22d Chapter of the 5th Book of Socrates his Ecclesiastical History, to see sundry Examples of Bishops that were Married and lived with their Wives. It cannot be doubted but Synesius did so, seeing he accepted not the Bishopric of Ptolemais but on those terms, as he himself tells us in his Hundred and fifth Letter: And 'tis very likely the greatest number of the Eastern Bishops lived in their Churches with their Wives and Children until the end of the 7th Century; That the 6th Council appointed that they should put away their Wives, and that they should no longer cohabit with them, Can. 12. which they were ever permitted to do before this Decree, according to the remark of the Friar Blastares in Syntagm. Alphab. Litt. G. Cap. 16, & 17. Besides that, in this same Canon the Fathers acknowledged, that there were several Bishops in Lybia, in Africa, and elsewhere, that lived with their Wives; which agreed very well with the 5th Canon, called the Apostles, which forbids Bishops, Priests, and Deacons, under pain of Suspension, and even of Deposing, to separate from their Wives, under pretext of Religion. XV. Those to whom God has given the talon of writing, are admonished to do it in a modest way, and befitting the Majesty of Heaven, and consequently not to write in a ridiculous and injurious manner; the which gravity and modesty they shall also observe in their usual Sermons. Those who have received the gift of Writing shall be chosen by the Provinces; and if it happens any Book be Published against the Orthodox Religion, it shall be sent to them that they may answer it, a Colloque being deputed in each Province to inspect what shall be Writ and Published, to dispose of the Copies as shall be thought fit. CONFORMITY. There was never greater Liberty of Writing than in the first Ages of the Church, at which time every body writ in the manner which he thought best and most convenient, without being obliged to communicate his Works to any to be Examined for their Approbation; nevertheless, seeing there has been at all times amongst Christians, some Bishops and Pastors fit for this purpose than others, such were for the most part employed for the defence of the Truth against Schismatics and Heretics. It was for this Cause that the Book of Phaebadius or Phaegadius, Bishop of Again in Guien, written against the Arrians of the East and West, holds the Degree of the Epistle of a Council of Vaison, of the Year 358. P. 3. Paris 1666. and bears the Name in the Supplement of the Councils of France. St. Austin even to his Death, was the Pen of Africa against the Enemies of the Church, particularly against the Donatists and Pelagians; and St. Fulgentius, in the following Age, succeeded him in a manner, in the same Office, especially during the time that above Sixty African Bishops, of which Number he was one, was Exiled into the Isle of Sardegnia; for although he was the youngest of them all, the Author of his Life does observe, that he was the Mouth and Spirit: And it may yet be said of these two famous Writers, That they exactly observed the Modesty, Sobriety, and Decorum prescribed by our Discipline, to all those who put Pen to Paper for the Defence and Vindication of Truth; Examples which should be carefully imitated; and in the mean time, condemn the rashness of Agobard Bishop of Lions, who Writing in the 9th Century against Amalarius Fortunatus, cruelly rails against him; and much more that of Lucifer, Bishop of Caillari, against the Emperor Constantius, in the Library of the Fathers, Tom. 9 of the Edition of Paris, 1644. XVI. Ministers should not pretend Precedency one over the other. CONFORMITY. S. Jerom informs us in in his Commentaries upon the Epistle to Titus, and in his Letter to Evagrius, That at the beginning of Christianity, the Churches were Governed by the joint advice of the Priests, or Elders, and this form of Government lasted, until that by the instinct of the Devil, there arose Parties in Religion, saith the same St. Jerom; for then recourse must be had to Election; so that to avoid Schisms and Divisions, one of the Company was chose, to whom Election gave the precedency to all the rest; whereas before, it was the time of promotion, as is testified by the Deacon Hillary, in his Commentaries upon the 4th Chapter of the Epistle to the Ephesians, amongst the Works of St. Ambrose; for he saith, That at first, the Priests were called Bishops, and that the one being Dead, the other Succeeded; that is to say, That it was granted to the Ancientest Priest in promotion, to bear the first rank or place; this primacy, being a primacy of Order, and not of Power and Authority over others, the only primacy forbidden by our Discipline; in effect, the first admitted, held the first place in the Pesbytery, just as the Dean amongst Councillors of Parliament, or as the Dean of prebend's in a Chapter. From hence it is also, that after the Establishing of the Hierarchy in the Church, Equality was still observed amongst the Clergy, except 'twas in the Power of Metropolitans over the Bishops of their Provinces; and also it was a very limited Power, seeing it consisted only in the right of calling the Synods of their Provinces to preside, and to take notice of all Ecclesiastical matters which passed in the compass of their District only; but could not decide, nor determine, without the consent of their Suffragans, after the manner of speaking at this time. As for all the rest, they had no kind of prerogative, but the Order, according to the time of their Reception, the which is punctually observed amongst us; and accordingly, St. Austin finds it strange, that in the Letter which the Primate of Numidia writ to his Brother Bishops to Assemble them in a Synod, I say, he thinks it strange, to see himself named the third in it, knowing that there were several others before him, which, saith he, is injurious to others, and exposes me to envy. Ep. 207, To. 2. And in the Life of St. Fulgentius, Bishop of Rusp in Africa, which the Jesuit Chifflet caused to be Printed at Dijon, An. Dom. 1649. with the Works of the Deacon Forran, it is observed Chap. 20. That in the Assemblies of Exiled Bishops in Sardignia, he was seated lowest of all, although he was the most considerable in Worth and Value, because he had been last of all Ordained to be Bishop. Tom. 4. Conc. p. 422. The 86th Canon of the African Code so appoints it; the 24th of the first Council of Prague, in the Year 563. Ordains the same thing; as also the 3d of the 4th Council of Toledo, in the Year 633. and the 112th Letter of Gregory I. his 7th Book; to which we may add the 6th Letter of Hincmar, Chap. 16. in the 16th Tome, of the Library of the Fathers, Ibid. p. 581. Page 408. It is the Reason that in Africa, one was enjoined to observe the precise day of Promotion, and the Consulat. African Code, Can. 89. which is the 14th of Mileva. Theodore Archbishop of Canterbury held a Synod Anno 679. the 8th Canon whereof is conceived in these terms, Apud Bedan. Hist. l. 4. c. 5. Let no Bishop prefer himself before another through ambition; but let every one know the Time and Order of their Ordination. XVII. Ministers shall preside in Order in their Consistories, to the end that none might pretend superiority over each other; and none of them shall give testimony of any matter of importance, until they have first communicated it to the Ministers, his Brethren and Companions. CONFORMITY. This Article is only a continuance of the former; for if there is to be an Equality amongst Ministers, so that they cannot pretend superiority one above the other; it is just that when there are several in one Church, that they should preside every one in his Turn and Rank in the Consistory, and that none of them should do any thing of his own head, without taking along the advice of his Brethren, and even of all those who have share in the conduct of the Flock, especially when there is question of any thing of importance. XVIII. Heed shall be taken to avoid the Custom practised in some places, of deputing certain Ministers, by the Provincial Synods, to visit Churches; the Order hitherto used being sufficient to have cognisance of abuses: And this new sort of Offices and Degrees are condemned, and looked upon to be of dangerous consequence; as also are to be rejected all Titles of Superiority, as Ancients of Synods, Superintendents, and others of like nature. The Advertisements for Assembling Colloquies and Synods, or any thing relating thereunto, shall be addressed to a Church, and not to a private Minister, or other particular Member of it; if they should happen to be directed to one of the Ministers or Elders, for some considerations, those which shall receive them, shall carry them to the Consistory, to advise and deliberate of them. CONFORMITY. There is nothing in this Discipline which is not entirely agreeable to the Primitive, according to which every Bishop was only obliged to visit his Diocese once a Year; but he was not permitted to visit any other but his own: I say, in the first place, he was obliged to visit his Diocese, as may easily be proved by a great many Canons, the 8th of the Council of Tarragona, in the Year 517. is formal in it; Tom. 3. Concil. Paris, p. 803. 1636. We appoint by this Constitution, That the Ancient Use be observed; and that each Bishop visit the Churches of his Diocese. The 35th of the 4th of Toledo, in the Year 633. renewed this Decree, with this Clause, That if the Bishop were sick, or employed elsewhere, he should cause the Visitation to be made by some of his Priests or Deacons: This restriction opened the door to the negligence of Pastors, which did that by others, which they should have done themselves; whereas had the Canon of Tarragona been lest in its force, and without bringing any qualification to it, the Bishops would not have failed punctually to have observed it. Nevertheless, the Council of Trent, in the 24th Session, Chap. 3. of Reformation, made no difficulty to follow the mitigation of the Council of Toledo, although it does but too much favour the stupidness of Overseers, which our Kings having mutually considered, in the 9th Century, they made sundry Ordinances, whereby they enjoined Bishops themselves only, to visit yearly their Dioceses, Lib. 7. Capit. Cap. 94, & 109. of the Edition of Paris 1588. There are besides several other Capitularies which prescribe the same thing, but are not necessary here to be recited. Therefore I proceed to the other Consideration, To show that a Bishop had no right of inspection, but on his own Diocese; beyond which he was not permitted to meddle. Thence it was that the Council of Antioch, in the Year 341. declares in the 9th Canon, That each Bishop has power in his own Diocese, prudently to Govern it, and to take care of the whole Circuit which depends of the City where he dwells; and in the 22d Canon this Rule is made, That a Bishop do not go to another City which is not under his Conduct, nor into any part of the Country which done't belong to him, there to Ordain any one, nor to settle Priests, or Deacons, subject to another Bishop, if it be not done by consent of the Bishop of the place; and if there be any Bishop so bold to do such things, That the Ordination he has made, be void; and as for him, let him be censured by the Synod. And as this Council prohibits Bishops to enterprise any thing without their Diocese; that of Constantinople, of the year 381. forbids it to Metropolitans out of their Provinces, Canon 2d. And as for the Titles of Superiority which is disallowed by our Discipline, besides that they are contrary to the simplicity of the Gospel, and to the Equality which was at first amongst Pastors, the Church of Africa had in a manner banished them quite from amidst of it, to incline the Bishops to humility, and to remove from their minds, all thoughts of Pride and Ambition; for it made this Canon, which is the 39th in Mr. Justell's African Code; Let none call Prince of Bishops, or High Priest, or any thing of like nature, the Bishop of the highest See; but let him only be called Bishop of the first See. St. Cyprian had said a great while before, of himself, De Haeret. Baptiz. p. 282. Vol. Edit. Paris 1666. and the Bishops in Africa, Let none of us assume to be called Bishop of Bishops; or as is read in some Copies, None of us have resolved with ourselves, to be called, or termed, Bishop of Bishops. XIX. A Minister cannot, together with the holy Ministry, Practise Physic, or the Law; nevertheless he may for Charity, give Counsel and Assistance to them which are sick of his Flock, in the neighbouring parts, provided it don't hinder him from doing the duty of his Charge, and that he makes no gain of it, except it be in times of trouble and persecution, when he cannot exercise his calling in his Church, and is not maintained by it; to avoid the study of Law, or other distraction, to addict themselves wholly to their Office, and to the study of the holy Scriptures and Divinity: And against those which refuse to yield obedience, the Colloquies and Synods are warned to proceed according to Order of the Discipline; as also against those which so employ themselves in teaching youth, that it may in some measure hinder them from attending to their principal Employment; to which the Provincial Synods, Colloquies, and Consistories, shall have regard, even to the suspending of Ministers. CONFORMITY. It is said that Philosophy requires the whole Man; it may more truly be averred of the Ministry of the Gospel, to the Functions whereof one should apply all their time, and all their study; so far unfit it is to think one shall be able to exercise any other Calling with that of the Ministry, for example, that of Physic; therefore amongst us, it is not permitted for a Minister to undertake any other Profession with the Ministry; a Pastor may have some insight in the Law and in Physic, and also may use it charitably for the good of his Neighbours, in giving Counsel to some, and affording Ease to others, as Theodotus, Bishop of Laodicea, did, of whom Eusebius speaks so advantageously; Hist. Eccles. l. 7. c. 32. p. 288. but with all, that 'tis requisite one should apply himself entirely to the good of his Flock, and that one can't with safe Conscience rob it of a great part of the time which belongs to it, to employ it in the Exercise of any other Profession, to the prejudice of that whereunto it is principally dedicated. Thence it is, that the 10th Canon of the Council of Mayence in the year 813, Tom. 2. Concil. Gall. and the 100 of that of Aix la chapel, in the year 816. prohibit ecclesiastics of taking any thing for helping any sick persons by the Rules of Physic, which was not unknown to them. Doubtless for warning them, that having been Consecrated to the Service of the Church, they ought not to spend time in the common practice of Physic, by the knowledge of which, they have liberty in certain occasions, charitably to help their Neighbours, without any expectation of Profit, provided that done't in any wise hinder them from their principal Employment, and Calling; in such a case it was absolutely forbidden, Pandect. Can. To. 2. p. 129. Oxford. 1672. as the Patriarch Lucas of Constantinople did to his Deacons. Theodoret indeed makes mention of one certain person he calls Peter, which he represents as a very good Man, and he observes in the Letters 114 and 115, that he had been honoured with Priestly dignity, and that nevertheless he practised Physic; but it plainly appears by what he says, Theodor. Tom. 3. P. 988. Paris. 1642. That this Man was not bound to the Service of any Church, although in was contrary too to the Rule of the Canons, and so nothing hindered but that he might commonly practise Physic: Moreover, nothing hinders but to this Article may be applied, Canon 6.81. and 83. of the Apostles. The Example of Gerantius Bishop of Nicomedia mentioned by Z●zomen, might here find place, had his Ordination been legitimate; L. 8. c. 6. for being a very good Physician, he was very helpful to the Inhabitants of Nicomedia, who bewailed him much after his being deposed. XX. Ministers shall exhort their Flock to observe modesty in their Apparel; they themselves in this, and all other things, giving good Example; abstaining from all bravery in , themselves, their Wives, and Children. CONFORMITY. The Ancient Doctors of the Church have been very careful in recommending to Christians the Modesty prescribed in our Discipline; especially to Women, which more commonly transgress its Laws, than Men do. Clement of Alexandria neglects no pains to induce them to the practice of this Virtue; Lib. 2. Padag. c. 12. p. 211, 212. Paris. 1641. for having alleged these words of St. Paul, In like manner also, that women adorn themselves in modest apparel, with shamefacedness and sobriety; not with broided hair, or gold, or pearls, or costly array; but (which becometh women professing godliness) with good works, 1 Tim. 2.9, 10. After this, I say, this Ancient Doctor showeth, That seeing Apparel was only given us but for a Covering, there ought not to be any superfluity in it; that the holy ornament of the hands is not Bracelets, but a readiness we should have to distribute our Goods to those which are in distress, and the care one should take in conducting one's Family; that that of the feet is a promptness to do good, and a walking in the ways of Justice; that modesty and pudor are the Chains and Collars which God himself has made, and that there is no other real Ornament, but that of Wisdom; that Women ought not to suffer their Ears to be bored to hang Jewels in them, but to have them ever open to hear the Instructions shall be given them, and turn their eyes to the Contemplation of heavenly things; and in the same Treatise, he speaks so much against needless and superfluous dressing and apparel, that I on purpose forbear reciting all he says, satisfying myself to observe in general, that he fears not to affirm, That under the delicacy of these worldly Dresses, there is found not the Image of God, but that of the Devil. Tertullian speaks in the same terms, exhorting Christian Women to show by the modesty of their Apparel, the difference there is betwixt the Servants of God, and those of the Devil; he will have them to be an Example to those who do not profess the Gospel; and that God might be glorified in their bodies, by going clothed suitable to modesty and shamefacedness; and that when they go out of their Houses, they should be adorned with Raiment of Prophets and Apostles, with probity, chastity, and innocence; by this means obtain for themselves the blessing of God. St. Cyprian follows the steps of Tertullian, whom he styles his Master; and he condemns with no less severity than the other, all the superfluous Ornaments of the Age, and all those worldly Dresses, which, saith he, De habit. Virg. p. 165. Paris. 1666. serve to no other end, but to hid what God has formed in Man, and to discover what the Devil has invented. I should be over-tedious to transcribe what has been said on this Subject by Saint Chrysostom, that golden Tongue of the Ancient Church; Read only his 8th Homily on the 2d Chapter of the 1st to Timothy, and one shall see the manner he treats of it, and with what Eloquence he declaims against the pride and sumptuousness of Apparel, the niceness of Dresses; against painting, curling the Hair, Pendants in the Ears, Pearls, and all sorts of Jewels; to all which things he opposes shamefacedness, modesty, and decency; the use and practise whereof he earnestly recommends. Isidorus of Pellusia has very judiciously observed, L. 5. Ep. 200. Paris. 1638. That these outward Ornaments are prejudicial to a beautiful Woman, and to one that is not so; to the one, because it reproaches her with her ugliness; and the other, because people are taken up in talking of her Ornaments, and say nothing of herself. XXI. It is convenient to desire Princes, and other Lords which follow the Court, that have, or would have Churches ordered in their Houses, to take their Ministers from Churches duly reformed, and where there are more than one, with sufficient assurance of their lawful vocation, and by leave of the Collogues or Synods; the which shall first sign the Confession of Faith of the Churches of this Kingdom, and the Ecclesiastical Discipline. And to the end the Preaching of the Gospel might have the greater Success, they shall also be desired each of them to erect in their Families a Consistory, composed of the Minister, and of the godliest and best approved persons of the Family, which shall be elected Elders and Deacons, to a competent number; by which Consistory, the Scandals and Vices of the said Family shall be suppressed, and the Order of the common Discipline of the Churches maintained. Moreover, the said Ministers shall attend the Provincial Synods as oft as they can possible; to this end, notice shall be given to the Church which shall assemble the Synod, to call them unto it; But especially the said Ministers, or part of them, as they shall be deputed by the rest, shall not fail appearing at National Synods, and shall come also accompanied with the Elders, who may inform the said Synod of their Life and Conversation: And when they shall meet several of them together, none of them must pretend pre-eminence or lordship over the others, according to the Article of Discipline. And when the said Lords and Princes shall reside in their Houses, or other Places, where there is a Church established, the better to prevent Divisions, they shall be humbly desired that the Church of their Family may join with that of the Place, to make but one Church, as shall be agreed upon by a friendly Conference of the Ministers of both parts, to do what shall be most expedient. CONFORMITY. In the Year of our Lord 506. Tom. 1. Conc. Gall. Can. 21. p. 165. the Council of aged in Languedoc, made a Decree, which in some sort refers to this Settlement; for it suffers those, who for the convenience of their Family, desires to have an Oratory, or as they speak , a Chapel in the Country, besides the common Places of assembling; it permits them there to serve God, except it be on principal Feast-days, for on this occasion it enjoins them to come to their Parishes, excommunicating the Churchmen that shall serve in those Oratories, if they attempt any thing against this Decree, Collect. Rom. part 2. c. 41. p. 132. unless it be by the order or permission of the Bishop, in whose Diocese the Chapel is. Thence is it that Pope Leo the IVth forbids Laymen to establish a Priest in any Church whatever, without consent of the Bishops. The Council of Meaux, in the Year 845. Exhorts Princes and Lords to order it so, that the Priests which serve in their Chapels, should be ready to hinder and banish from their Houses all manner of Vice, and be careful to instruct the Domestics, because Parish-Priests, and Bishops, and Ministers, are to do so unto the poorest and meanest of the People. Agabard, Bishop of Lions, in the same Century, complains in a Book he writ of the Law of Priesthood; he complains, I say, Tom. 1, p. 134, 135, Paris. 1666. of the abuse which reigns amongst great Lords in regard of their Priests and Chaplains, and of the little esteem they made of them, requiring of them services altogether unworthy the Degree they were to hold; And because these Priests dwelled in the Houses of Persons of Quality, they were called their Priests, Pag. 121. and 'twas said the Priest of such a Lord; the which Pope Nicholas the Is could not suffer, as appears by the Chronicle of Hugh of Flavigny, contained in the 1st Volume of the Library of Father Labbe, imprinted at Paris, Ann. 1657. there is in the 6th Tome of the Councils, divers Canons of a Synod, which as some think, was assembled at Pavia, in the Year 850. in the 18th of which, the Priests, whereof we speak, are called Acephales'; Pag. 444. and those which have them in their Families, are warned not to entertain any but such as have been examined by the Bishops. Pope Vrban the IId, in the 9th Canon of the Council which he held at Melphes, Tom. 7. Conc. p. 504. in the Year 1090. says near hand the same thing, and makes such another Decree. XXII. It shall not be lawful for a Minister to leave his Flock without leave of the Colloque, or Provincial Synod of the Church to the which he was given. CONFORMITY. This Rule is very judicious, to hinder Ministers from leaving their Flocks slightly, and without permission of those which have power to dispose of their Ministry; this is agreeable to the 3d Canon of the Council of Antioch, in the Year 341. which forbids Priests, and Deacons, and all those of the Clergy, to abandon their Churches to go unto others, suspending from the Ministry those that do so; especially, if after being warned by their Bishops, they do not speedily return to the Churches which they left; and deposing, without any hope of restoration, those which shall persevere in their Disobedience; with menaces to the Bishops which shall receive them, to be censured by the Synod according to their Merit; or as the Council of Chalcedon will have it, be excommunicated with the Desertors, Can. 10, & 20. until such time as they return to their Churches. Add also to this, the 23d of the same Council, with the 18th and 13th of Ancyra. XXIII. The Deserters of the Ministry shall be Excommunicated by the Provincial Synod, if they do not repent, and reassume the Office God has committed to them. CONFORMITY. The Council of Sevill, in the Year 619. Can. 3. for some time Exiles the Deserter into a Monastery, after having degraded him of the Honour and Degree of a Minister; but without taking away from him all hope of being restored after a punishment proportioned to his Fault; to the end, by this means to restrain the Libertinism of Deserters. Gratian citys this Canon in his Decret. cap. 21. q. 2. Placuit ut si. XXIV. Ministers shall not be Vagabonds, and shall not have liberty of their own free Authority, to intrude themselves where they please. CONFORMITY. The Council of Ancyra, in the Year 314. made a Decree which was very conformable to this of our Discipline; If those which have been orduined Bishops, saith he, Can. 18. are not received into the Churches for which they have been named, and that nevertheless they endeavour to get into others, and to offer violence to those that are duly established, and to stir up troubles against them, let such be deposed; but if they will continue in the Presbytery, wherein they were formerly Priests, let them not lose the honour of Episcopacy; whereas, if they stir up Seditions against those which are settled Bishops, 'tis sit they should be deprived of the honour of the Preshytery, Tom. 1. Conc Gal. p. 126. C●n. 11. and intirel●d posed. The Is Council of T●●rs, assembled Ann 46. requires that he be excommunicated from the Clergy which forsakes his Church without the Bishop's permission, to settle himself in any other place. Ibid. p. 138. c. 5. That of Rheims, orders almost the very same thing again Church-Vagabonds, in the year 465. In the Council of Valentia in Spain, assembled Ann. 524. the like Edict was made against inconstant and wand'ring Clerks, Can. 5. Tom. 3. Conc. pag. 820. See Synesius on the 22d Article in his 67th Epistle, how he declaims against these wand'ring Clergymen, whether they be Bishops, or others and judges it is not fit they should have any public mark of Honour amongst the Clergy, nor admission into any other Churches, to oblige them to return to their own. XXV. The Minister of one Church cannot preach in another, without first obtaining leave of the Minister of it, unless in case of his absence, in which case it must be the Consistory must give him leave; and if the Flock be dispersed by reason of persecution, or other trouble, the Foreign Minister shall endeavour to assemble the Deacons and Elders, which if he cannot do, he shall nevertheless be permitted to preach, to reunite the Flock. CONFORMITY. We formerly observed on the 18th Article, that a Bishop had no power to undertake any thing without his Diocese; within the compass whereof he was obliged to limit all the Functions of his Ministry; and we proved it by sundry Canons, needless here to be repeated; it shall suffice to add unto them the 20th Canon of the VIth Ecumenical Council, which is yet more formal than any of the rest, to the matter now in question; see here in what sort the Fathers have laid it down; That it be not permitted for a Bishop to preach publicly in any City which is not within his Jurisdiction; Tom. 5. Concil. p. 328. and if there shall be any one found so doing, he shall be no longer Bishop, and let him only perform the Functions of Priest. XXVI. The Minister which shall intrude himself, although he were approved by the People, is not to be approved by the Neighbour-Ministers, or others; but notice must be given of it to the Colloque, or Provincial Synod. CONFORMITY. The Council of Antioch, which I have several times cited, absolutely authorises this Rule in the 16th Canon, which is contained in these words; If a Bishop out of employment, intrudes himself into a vacant Church, and usurps the place without the Authority of a full Synod, let him be turned out, although he may be approved of all the People which he shall have gained to him. The 35th Canon of the African Code, contains a solemn Decree against these Pastors, which having by their slights insinuated into the minds of the People, intrude themselves into Churches without any lawful Vocation; so far, that the 3d Council of Carthage, which made this Decree, in the year 307. appoints, that they shall be driven away by public Authority. Pope Gelasius the Is't enjoins almost the same, in his 9th Epistle to the Bishops of Lucania, Tom. 3. Concil. pag. 936. XXVII. Ministers shall not be sent to other Churches without Authentic Letters, or other sufficient Testimonies from the places from whence they shall be sent, the which shall be delivered into the hands of the Consistory, whither they are sent, to be carefully laid up. CONFORMITY. Besides the Canons I have mentioned upon the precedent Article, and which do alike favour this, there are also others which no less confirm it; for Example, Those which forbidden to receive to the Communion in another Church, an Ecclesiastical Person, which cannot show a Certificate from his Bishop; and those also which enjoin Bishops to contain themselves within their Dioceses, without intruding into fewer, as we have made appear; and as may be farther proved by the 10th Canon of the Council of Carthage, which is commonly called the 1st, and which was assembled under Gratus, in the Year of Christ 348, or 49. Tom. I. Conc. p. 566. To all which may be added the 33d Can. of the Apostles, which expressly forbids to receive any Churchman without Letters of Recommendation, and without due Examination; and the 41st of Laodicea. In the Ancient Discipline, the Letters now spoken of, were called Letters of Congee, whereof we will speak more on the 4th Article of the 4th Chapter. XXVIII. No Minister, for saying he is forsaken of his Church, or persecuted, shall thereupon be received by another Church, until that by good Certificates he shall make appear to the Synod, or Colloque, how he shall have behaved and governed himself; and the whole shall be referred to the prudence and discretion of a Colloque, or Provincial Synod. CONFORMITY. This Article also tends to nothing else but to restrain the Enterprises of such Ministers as shall insinuate themselves into Churches without being called, or not having good Testimonies of their behaviour, and of the cause wherefore they pretend to be forsaken of their Churches; therefore it is that our Discipline refers the Decision of these matters to the discretion of Synods, according to the Canon of Antioch, in the year 34. Can. 16. XXIX. When a Minister finds himself destitute of a Church, having duly obtained leave, and his discharge from that which he formerly served, it belongs to the Colloque, or Provincial Synod, to provide for him in a month's time; and if in that time he be not provided for by the Synod of the Province, or Colloque, he shall be at his own liberty to provide for himself of a Church any where else, without the Province, where God shall enable him, according to the Rule of the Discipline. CONFORMITY. This Rule intimates something more than the former; for it speaks of Ministers destitute of a Church, after having obtained Licence from those they served, and of having for good and sufficient Causes been removed; and who nevertheless are not suffered to settle in any other, but by Authority of the Colloques, and Synods, according to the Ancient Discipline. XXX. Power is given to Provincial Synods to change Ministers for certain Considerations, their Churches being heard, and their Reasons well and duly examined; but in case of Discord, all shall be determined at a National Synod, until which time nothing shall be innovated. CONFORMITY. The translating of Pastors from one Church to another has been strictly prohibited in the Ancient Church, by reason of Abuses which have been therein committed; and because these Translations were commonly the effect of Ambition, and Covetousness, for seldom any was translated from a greater to a less Church; but frequently, and almost always, from a less to a greater; the 15th Canon of the 1st Council of Nice; the 21st of that at Antioch, in the Year 341. the 1st of the Synod of Sardis, in the year 347, and several others, prohibit these sorts of changes which have no other motive, as the Fathers of Sardis say, but covetousness, ambition, and a desire to domineer. Nevertheless all these Prohibitions has not hindered but several Bishops have been transferred from one Church to another. Lib 7. c 35 36, 37. Socrates in his Ecclesiastical History recites a great many Examples of these Translations made before and after the Council of Nice. Pope Boniface at the beginning of the Fifth Century established Perigenes Bishop of Corinth, Collect. Rom Part 1. p. 52. whereas before he was of Patras, as appears by the Letter writ by this Pope to Rufus Bishop of Thessalonica. Socrates also citys this Example. But that it may not be imagined that all these Translations were nothing but the ill effects of the relaxation of the Discipline of the ancient Christians, and that they were not countenanced by the Authority of some Canon, it is to be observed there were some occasions wherein these changes were allowed; as for example, for the greater edifying of the Church, in such a case it was permitted to translate a Pastor from one Church to another, provided it was done by consent of the Synod, as our Discipline doth prescribe: The 14th. of the Canons attributed to the Apostles, explains itself after this manner: It is not permitt●● for a Bishop to leave his Church to go to another, although he should be desired and invited thither by a great many, unless there be some great reason that obliges him to it, as that his Preaching might there tend to greater Edification, and there cause a greater growth of Piety, neither yet ought he to do it of his own accord, but by the Exhortation and Judgement of several Bishops. The fourth Council of Carthage assembled in the year 398, made a like Ordinance to that in the 27 Can. for having prohibited to go by ambition from one Church to another, it adds, That if the benefit of the Church be advanced thereby, it may be done by approbation of the Synod, which shall put another in the place of him they send away. Thence it is that Pope Gellasius the first, doth not always simply condemn these Translations, but only then when they are made without cause. Hinemar, Archbishop of Rheims, in the Ninth Century, authorises these Changes when there is good cause for them, or necessity, and that 'tis done by Order of the Synod; and he also produces sundry instances of this practice. I do not mention the first Epistle of Pelagius the second, who establishes, or rather approves, for the like motives, these kind of Translations, because I am persuaded 'tis false and spurious. XXXI. When a Minister is persecuted, or for some other cause cannot exercise his Office in the Church, whereunto he was appointed, he may be sent elsewhere by the said Church, or an exchange shall be made of him for some other for a time, by the consent and good liking of both the Churches: But if the Minister will not submit to the judgement of both Churches, he shall impart the reasons of his refusal to the Consistory, and there it shall be judged if they are sufficient; and if they are not found to be so, and that yet the Minister persists to refuse the said Office, the difference shall be transferred to the next Provincial Synod, or to the Colloque, if the Churches are of one and the same Colloque. CONFORMITY. The ancient Christians which had foreseen the inconvenience which regards our Discipline in this Article, have made divers Rules to remedy it. In the year of our Lord 347, the Council of Sardis in these terms, set down the words of their last Canon: If violence be done to a Bishop, and that he be cast out unjustly through malice, for the Discipline he has exercised, or for the Catholic Faith which he confessed, or for the truth which he defended, and that being innocent, and flying from danger, he comes to another Church, let him not be hindered to abide there, until such time as he can return, and that an end be put to the trouble which he suffers; for it would be cruel not to receive with all humanity and good will, him which suffers persecution: 〈◊〉. 20. The Council of Chalcedon which forbids to quit the Church one has served in from the first time of ones promotion, Excepts those which having been constrained to forsake their Country, have passed into another Church; according to which Gregory the First established a certain Bishop called John, which had been driven away from his Church by the Enemy which had taken possession of the place; I say he settled him in another, on condition to return back to his former Church as soon as it recovered its ancient liberty. It was also in the same manner he served Agnellus Bishop of Fundi, which upon a like occasion he preferred to the Church of Terracina; the same was practised in France in the IX. Century, in regard of Actard Bishop of Nants, the City having been sacked and plundered by the Britain's and Normans, he was made Archbishop of Tours, as Hinomar affirms, who lived in that time, and at large relates the History in his 45 Epistle, which we cited on the foregoing Article; and all that he blames in Actard is, That he would have held both Churches of Tours and Nants, contrary to the prohibition of the Council of Chalcedon; excepting this, he approves, that when a Pastor is persecuted and driven from his Church, he should be provided of another. The Friar Blastares is of the same judgement, and he supports it by the 13 and 22. Canons of the Council of Antioch, in Syntagm. Lett. A. Cap. 9 pag. 22. XXXII. Ministers may, with their liking, be lent by the Consistory, as the Edification of the Church shall require; but the Loan shall not be made without the advice of two or three Ministers, or of the Colloque, if it be for more than six Months. CONFORMITY. St. Paul saith, Charity is the bond of perfectness; and all those of one Communion, being to be united by this Sacred Bond, they are bound in conscience, upon all occasions, to show reciprocal marks of sincere and true love; and because there are none more sensible than those which have for their scope and aim, our instruction and consolation, they cannot be mutually refused without violating the Laws of Christian Charity: It was by such a principle, that when there was among the Primitive Christians any Church destitute of a Pastor, That next unto it, was obliged to take care, and visit it from time to time, to impart unto it Instructions and Consolations. There are several Prescriptions to this purpose in the Monuments of Ecclesiastical Antiquity, particularly in St. Gregory's Epistles; and all these Rules, in effect, amount to what's here prescribed in our Discipline. XXXIII. Ministers lent, when the time for which they were lent is expired, they shall return to the service of the Churches from whence they went. CONFORMITY. When a Church for some time borrows the Ministry of a Pastor which is settled in another Church, which consented to this Loan, there's no need to doubt but that when the time of Loan is expired, he may re-enter into the Church which lent him, and which in lending him, did not disclaim their Right in him. In the Primitive Church, at the very instant a Flock was provided of a Pastor, he that visited it in the time of its Widowhood, that is to say, whilst 'twas without a Conductor, returned no more to it, and exercised the Functions of his Ministry no where but in his own Church. XXXIV. If in one year after the time of Loan is expired, the Church don't re-demand its Pastor, he shall belong to the Church which borrowed him; always provided, the Minister willingly consents thereunto; but if he be not willing, he shall submit to the direction of the Colloque, or Synod of the Church to which he had been lent. And this rule also shall be in force for the Ministers which by reason of Persecution shall fly to other Churches; and the persecution ceasing, not being demanded by their former Churches in a years time, the which shall commence after the warning which shall have been given to the said first Churches by the said Ministers. CONFORMITY. Because it may so shall out, that a Church which shall have lent one of her Ministers, does not recall him after the Expiration of time for which he was lent, no difficulty is made of translating him wholly to the Church which had borrowed him, the silence of the other being then looked upon as a kind of Consent. Which also is to be applied to those which joining themselves to other Churches by reason of Persecution, are not redemanded by theirs when the Persecution is over; for on these occasions, it is as much as if they had granted unto them those Letters of Congé which the Ancients called Dimissoria's, with the which a Churchman could serve in another Church, in the same Province, or in any other. XXXV. Him who is destitute of a Church for not being employed in the Province, and shall be lent elsewhere out of the Province, by the Colloque, until the Meeting of the Synod of the said Province; if he be not employed by the said Synod in the Province, he shall remain proper to the Church to which he was lent, if he consents thereto, and the said Church also. CONFORMITY. This Article depends of the foregoing ones, and is no more but the continuance of the Rules we have examined; amined; therefore 'tis needless to add to what has been said to this purpose. XXXVI. To the end that Congregations should acquit themselves of their Duty to their Pastors, as the Word of God enjoins them, and that cause should not be given to Ministers to be dissatisfied, and even to leave them; the said Flocks shall be advertised to allow them what shall be necessary. CONFORMITY. When Jesus Christ first sent forth his Disciples to Preach the Gospel, he forbidden them to provide Gold, or Silver; alleging for this prohibition, that the labourer was worthy of his hire. St. Paul, who wrought with his own hands, that he might be burdensome to none, nevertheless appoints in his Epistles, the obligation Flocks have to their Pastors, saying, None goes a warfare at his own expense; That him that plants a Vine, cats of the fruit; and him that feeds a flock, drinks of the milk of it; that what the Law saith, Thou shalt not mussle the ox which treadeth out the Corn, is to be applied to the Ministers of the Gospel, who ought to receive temporal things of those to whom they sow Spiritual things; That those which were employed about holy things, did eat of that which was Holy; and those which served at the Altar, did participate of the Altar; that in like manner the Lord ordained, 1 Cor. 9.14. That those which preach the Gospel, should live of the Gospel. The Charity of Christians, who lived presently after the Holy Apostles, was so servant, that they suffered not those which were ordained to instruct in the knowledge of the Mysteries of Heaven, to lack any thing; and although in those first Ages, they lived on the voluntary Oblations of Believers, nevertheless they had suslicient for their maintenance and support, and for the relief of the poor: And because these offerings were divided amongst the Clergy, each had his portion, or at least, they spent altogether that which fell to their share, and also imparted to the relief of Indigent Clerks, and other Brethren, Ep. 66. p. 109. which were in want; and which St. Crprian designs by Sportulantes fratres; an expressien sound in the Testament of Perpetu Bishop of Tours, in the Fifth Century, inserted by Dom Luke D'Achery in the fifth Tome of his Collection. The 25 Can. of the Council of Antioch appoints, That the Bishop should receive of the Church-stores what shall be convenient for the necessary support of life, both for himself and for the Brethren which lodge in his House; and the 36 Syned of aged, in the year 506 requires, That all the Clerks which serve in the Church faithfully, Tom. 1. Conc 〈◊〉 p. 168. and with care, receive of their Bishops the wages due for their labour, proportionable to the service they yield, or according as the Canons do appoint. After all, when Riches came flowing into the Church, in several Provinces, they divided them into four equal portions; the Bishop had one, the Clergy another; the third was for the poor, and the fourth for repairing the Church: But in the Countries where they divided them into three Portions, as in Spain; one third was for the Bishop, one third for the Clergy, and the other third for the Poor, and reparation of Temples. XXXVII. And to avoid the ingratitude of those which have been found unworthily to treat their Pastors, this order shall be observed, To pay them aforehand, one Quarters Salary, of the Pension which has been promised them yearly. CONFORMITY. Were the Charity of the Christians of this Age as great as was that of the Primitive Christians, those who laboured in composing our Discipline, had not been obliged to have made so many Rules to provide for the Maintenance of Ministers; they would have found a sufficient propensity in the minds of their People to have contributed to their Necessities: But this Charity being abated, and the People being but too much inclined to pay those with ingratitude which labour for their Instruction, it was expedient to multiply Laws to procure for them a moderate maintenance, without the which a Minister cannot subsist. XXXVIII. And for the time to come, doubting of miscarriage herein, lest there should happen damage to the Churches; Those elected to manage the Action of the Colloques, shall inquire of the Elders of each Church, what Allowance they make their Ministers, and the care they take in administering what has been appointed, to the end that by the Authority of the Colloques it might be remedied. CONFORMITY. The Ministers of the French Protestants, living commonly on the equal contribution of their Congregations, it became the wisdom of the Authors of their Discipline to remove all dissiculties which might retard or hinder these voluntary Contributions whereon depends their Subsistence, having no stock for their Maintenance. XXXIX. When necessary support is refused to a Minister; and that he hath made his complaints and applications, and that three Months are elapsed; it shall be lawful for the said Pastor to range himself to another Church, by advice of the Colloque, or Provincial Synod; and in case of urgent necessity, the Colloques, or Synods, may shorten the term of three Months; and if necessity so require, and that three Months are elapsed, and that he continue unprovided, although the Minister has made his complaint to be set at liberty, it shall suffice, that he call into his Consistery, the two adjacent Mimslers, and shall not be bound to stay for the consent of any Colloque nor Synod, unless one of those Assemblies were summoned in the same Month, to the which he may have recourse. CONFORMITY. Seeing that according to the Doctrine of Jesus Christ, Those which Preach the Gospel shall live by the Gospel, it cannot reasonably be refuted. Minister to whom the Flock doth not apply necessary Subsistence; I say one cannot refuse him the liberty of joining himself to another, which are more tender and grateful, especially when he has nothing else to subsist upon. It's true, this should not be done without the advice of his Superiors, that is to say, without consent of the Colloque, or Provincial Synod, which may dispose of his Ministry. XL. Upon the knowledge and judgement which shall be made of the ingratitude of the People upon the Minister's complaint, all circumstances must be prudently weighed, and as well principal regard shall be had to the poverty of the Churches, as to the faculty and ways of him which makes the complaint, the better to follow what may most tend to the glory of God, the Edification of the Church, and the honour of the Ministry. CONFORMITY. In the main, heed must be taken to do nothing in these occasions which may in the least prejudice the glory of God, the Edification of the Church, and the honour of the Ministry, or that may offend the Laws of Christian Charity. XLI. The Church which shall be found ingrateful, shall not be furnished with a Pastor, until first of all she hath fully satisfied what she owes to him, from whose service she is discharged. CONFORMITY. This Article is a consequence of the preceding ones, and is founded upon Justice and Equity; provided exact Judgement be made betwixt unableness and ingratitude; the former deserving pity and compassion, and the latter punishment and blame. XLII. Ministers that have some Rents and Goods, may nevertheless take Wages of their Flocks; it is even expedient they should do so, for the consequence, and to avoid the prejudice they may do to other Pastors and Churches: But they shall be Exhorted to do as the necessity of the Churches and Charity shall require. CONFORMITY. The Ancient Canons do sufficiently authorize this settlement, in distinguishing the goods of Bishops from those of the Churches, the latter not being to be alienated; whereas the Bishop at his Death might dispose of those which were his; and if he disposed not of them by Will, they of right appertained to his Heirs, the Church not being permitted to trouble them on this occasion. The 24th Canon of the Council of Antioch is formal in the case, and so regulated the matter, that afterwards there was no difficulty in the Case; and I make no question, but the Impostor that forged the Canons, which go in the Apostles Names, did borrow from that of Antioch, the 4th of his, which he a little altered, to hid the fraud of his Imposture; for he saith, the Bishop has sometimes Wise and Children, which are his Legitimate Heirs. Neither do I make any doubt, but the Fathers of the Council of Chalcedon had in their view the same Canon, a little more than 100 years after the Synod of Antioch, when they forbidden the Clergy in the 22d Canon, to dissipate the Goods of the Bishop after his Death; and that they allege the Ancient Canons which prohibit the same; it is hereunto may be applied the 32d Canon of the African Code, attributed to the Council of Carthage, in the Year 419. However it may be, it clearly appears by what has been said, That Ministers which had any Goods of their own, might nevertheless take the portion of those of the Church, which by the Decrees of Councils were destinated for the support of the Bishop. XLIII. It shall not be permitted for a Minister to possess any Inheritance under the Title of a Pastor; but if his Pension, or any part of it, were assigned upon any Possession, Rent, or Revenue, all shall be administered by the Deacons, or other person appointed and deputed to this purpose, by whose hands the Minister shall receive his Salary, to take away all suspicion of Avarice, and to the end, that by such sollicitudes, he may not be hindered from doing his Office and Duty. CONFORMITY. St. cyril of Alexandria ordains something to this purpose in his Canonical Epistle, when he saith, That the holy Vessels, and the immovables, must be left to the Churches; and leave to the Bishops which do the Functions of the Episcopacy, the dispensation of the Expense, which is necessary to be done, whether it proceeds from the Revenues of Ecclesiastical Goods, or from some liberality that comes from elsewhere. The Council of Antioch had already ordained something of the same kind in the 25th Canon; and since St. Cyril, that of Chalcedon in the 26th. XLIV. The Church, in whose Service a Minister dies, shall take care of his Widow and Children; and if the Church be not able, the Province shall provide for them. CONFORMITY. This Rule is in good measure grounded on Christian Charity, and also on the acknowledgement a Church owes to the memory of a Minister dead in her Service, to whom she is obliged to show some marks of respect and kindness in the persons of his Wife and Children. XLV. Ministers shall be subject to Censures. CONFORMITY. All Pastors were subject to the Canons, and by consequence to the Censures enjoined by the Canons; it is a known Truth, and which is not contested by those who have any knowledge of the practice of the Ancient Church. Tom. 1. Conc. Gall. p. 27. The Council of Turin, in the Year 397. in its Synodal Epistle, saith, They were Assembled to preserve the Blessing of Peace, and the Decrees of the Canons, and to apply a profitable remedy to men's minds; and in the 5th Canon, speaking of a certain Priest called Exuperantius, it saith, He was deprived of the Communion of the Lord, because he had done something against the Ecclesiastical Discipline. Therefore it was, Can. 1. that the Council of Chalcedon requires, Tom. 1. Conc Gall. p. 490. that the Canons be observed which had, till then, been made by the holy Fathers; and the Synod of Chalons upon Soan, in the Year 650. enjoins all Men, in the 2d Canon, inviolably to observe the Decrees of the Councils: Thence it is, that the 4th Council of Orleans, in the year 541. in the same Volume of French Councils, speaks in the 37th Canon, of the Censures which were made in the Synods; to which also may be referred, the 3d and 22d Canons of the Synod of Antioch; and the 25th of that of Chalcedon; and in the 4th of the 7th Council of Toledo, Anno Dom. 646. it is said expressly, That if any Bishop be so inconsiderate, as to violate the Decree of the Council, the Censure and Punishment which the Fathers have enjoined, Tom. 4. Concil. p. 640. shall be inflicted on those which transgress the Canons. XLVI. The Office of Ministers is to Govern themselves and their Flocks, great and small, by the Word of God, and Ecclesiastical Discipline; but 'tis also the Duty of the Magistrate to have inspection over all sorts of Men, even over Ministers, and to take care they behave themselves as becometh in their Vocation; and if they fail therein, the Magistrate shall warn them of their Duty, by the Church Discipline, in the Colloquies and Consistories, else the faults may be punishable by the Laws, the Administration whereof is in the Magistrate. CONFORMITY. Origen treats at large of these Duties of Pastors in several parts of his Works, where he teaches how they ought to act in regard of themselves, and in regard of those committed to their care, towards whom they should not show too much indulgence, nor too much severity; but open unto them the Gates of Heaven by their Doctrine and Example, and not shut it against themselves by a disorderly and wicked Conduct: But especially must be added, what he saith in the 7th Homily upon Joshua; which is in the 1st Volume of his Works; and in the 25th upon St. Matthew, in the 2d Edition at Paris, An. 1514. St. Basil lays down several Rules in his Morals, for the Conduct of Pastors, whom, as he saith, should be an Example unto others, and do in the first place, what they desire others should do, Preach the Gospel with a holy freedom, and bear witness to it, although there might be some which forbidden so doing, and persecute to Death those which do it. He will have them render God thanks for those which are converted, and that they should pray to God for them, to the end they may grow in grace daily; That they should have care not only of those which are present, but also of the absent; and that they should omit nothing which may tend to their Edification and Salvation; desiring they would therein Exercise themselves constantly, as well in public as private: He saith moreover, That the Minister should be tender and full of compassion, especially towards those whose Souls are mortally sick; That he should charitably contribute to their bodily necessities, without abusing his power to the prejudice of those under his Conduct, and without exalting himself over them; but rather take occasion to exercise humility towards them. He adds in conclusion, That he which is established in the Church to be a Guide to others, should neither say nor do any thing, but with a great deal of prudence and circumspection, to render himself acceptable in the sight of God, as if he were to be approved by their judgement and testimony. I could allege several other Doctors of the Church to confirm the same thing; but because what I have said, is sufficient for establishing this Truth, I proceed to the consideration of what follows in the Article which we Examine, That it belongs to the Magistrate to have an Eye over Ministers, and to take care they walk orderly in their Vocation, etc. The good Kings of Israel did so under the old Discipline, obliging the Ministers of the Sanctuary to do their Offices, and Religiously to perform all things which pertained to the Service of God; under the Oeconomy of Grace, the Examples of Constantius, of Theodosius, of Marcien's, of Leo's, and sundry others, which have assembled several Councils for the benefit of Christian Religion, and to preserve the Church from the Poison of Heresies and Schisms; I say, all these Examples do not in the least suffer us to doubt, but that Princes and Sovereigns have right to supervise over Bishops and Pastors, and are bound in Conscience to endeavour the advancement of the Glory of God, and the preservation of his Worship in all purity: And not to go farther than our France, Who is there at this time but does know the diligence of our Kings on a great many occasions; the many Councils they have Assembled, and to many of them have prescribed the subject and matter of their deliberations, which is an authentic proof; and the Capitularies which we have still in our hands, of Charlemagne, of Lewis le Debonnaire, and of Charles the Bald, are also so many Authentic Evidences. It was hereupon, that Constantine saith in Eusebius, ●●b 4. de Vit. Const. ●. 24. & l. 1. c. 44. That God had Established him Bishop; that he should take care of things which passed out of the Church; and in the same Treatise, he is called, The Common Bishop, established by God. In the 6th Action of the Council of Chalcedon, there is given to Marcien, the Title of Sacerdos. St. Remy calls Clovis, the Bishop of the Country, Tom. 1. Conc. Gall. p. 204. The Fathers of the Council of Mayence, in the Year 819. calls Charlemagne, The Director of the True Religion, and the Defender of the Holy Church. Which the 6th Synod of Paris, in the Year 829. saith also of Lewis le Debonnaire, and of Lothaire his Son. It is also in all likelihood, by the same motive, that in the 98th Letter of Loup Abbot of Ferriers, where there is mention of the promotion of Aeneas to the Bishopric of Paris, in the 9th Century, The gift of the Prince is joined to that of God: As if one had been fully persuaded in France, that the King was in God's stead, in Establishing of Bishops. Thence it is also, that whereas Loup, in the 29th Letter, writes that Aldrich was made Bishop of Sens, by the Command of Caesar; the Friar Clarius, in his Chronicle of St. Peter vif. of Sens, saith, That it happened by the Will of God. To intimate, that the Power whereof Princes were in possession, was given them from Heaven, it is the reason wherefore in the 2d Council of Thionville, in the Year 844. it is said, That Bishops are given of God, regularly designed by Princes, (they mean the Children of Lewis le Debonnaire) and Consecrated by the Grace of the Holy Spirit. In the Life of Nicetas, who was Bishop of Lions in the 6th Century, it is observed, That the good will of the Prince, gave him by the Will of God to be Bishop to this Church. XLVII. Ministers that teach bad Doctrine, shall be deposed, if they persist after having been several times warned; also those which do not obey holy Admonitions given them by the Consistory, taken out of the Word of God; those also which shall lead Scandalous Lives; those which shall be convinced of Heresies, Schisms, Rebellion against Ecclesiastical Order, and manifest Blasphemies, worthy of Secular punishment; Simony, and all corruption by Presents; endeavours to have another's place; forsaking their Flock without due leave and just occasion; Falshood, Perjury, Adultery, Theft, Drunkenness, Fight, worthy of being punished by the Laws; Usury, Sports forbidden by Laws, and scandalous; Dancing, and other like dissolutions; any crime having the mark of Infamy; any Crime which should in another deserve separation from the Church; and those which are insufficient to discharge their Office. CONFORMITY. The Truth of the Holy Trust committed to the Apostles, and after them to their Successors, has ever been so dear and precious to those amongst them, which have been Followers of the Zeal and Piety of those first Ministers of the Son of God, that they could not suffer it should be altered, without severely punishing those which sowed Tares amongst this good Corn, and especially Pastors, whom they deposed from their Office, at the very instant that they taught Doctrines contrary to this Heavenly Truth. When Paul of Samosatia, Bishop of Antioch, stirred up by the Evil Spirit, had the impudence in the 3d Century to teach, That Jesus Christ was but mere Man; the Ministers of the Gospel came flocking from all parts, as against the Enemy and Destroyer of the Flock, and Fold of the Lord; but this Heretic having avoided the Sentence of his Condemnation, in the first Synod held at Antioch against him, in the 12th year of the Emperor Gallien, and about the Year of our Lord 266. because he promised to change his Opinion; he was at length deposed, in the Year 170. in another Assembly in the same City of Antioch. In the Year 346 Euphrates Bishop of Cologne, was also deposed by a Council Assembled in the same City, for an impiety much like that of Paul of Samosatia; for he denied that Jesus Christ was God. It was on the same ground that in the Ancient Church, Pelagius, Celestius, Julian, and their followers, Nestorius, Eutyches, and many others were Anathematised; not to speak of what was done against Arrius, in the first Council of Nice. I do not here make mention of scandalous vices for which Ministers deserve to be deposed, because I shall speak of them in the following Articles; I will only add, that the 45th Canon of the Apostles, deprives of the Communion, the Bishop, Priest, and Deacon, which do so much as pray with Heretics, that is to say, according to Balsamons' interpretation, If they have any Communication with them; but he deposes them, if they permit them to do any Ecclesiastical Function; and the 46th. if they allow of their Baptism, and Oblation. XLVIII. Those shall not be deposed, who through Sickness, Age, or other the like accident, shall be incapable of doing their Office; in which case, they shall still enjoy the Honour, and shall be recommended to their Churches for a maintenance, being provided of another which shall perform their Office. CONFORMITY. Old Age and Sickness being no lawful cause of deposition, it is with good reason they here except them out of the Number of those things for which Bishops and Deacons are wont to be degraded, and to turn them into the Rank of Laymen, from the which they were before distinguished; as for Old Age, it is certain, that in the Primitive Church, when a Pastor was well stricken in years, and that by reason thereof he could not perform all things relating to his Office, some other was chosen to assist him; but in continuing to him the Honour of his Office, and a competent Maintenance. Euseb. Hist. Eccles. l. 6. c. ●. It was so practised at the beginning of the 3d Century, in regard of Narcissus Bishop of Jerusalem, Aged 116 years; for there was by consent of the Neighbouring Bishops, given to assist him in that weighty employment, Alexander, who had been Bishop in Capadocia. It was for the same reason, that Theotecnus, Id. ib. l. 7. c. ●2. p. 288. Bishop of Caesarea of Palestine, Consecrated one Anatolius Bishop, with whom he divided the care of his Disocess, which they governed both together for some time: These are the two Ancientest Examples of Coadjutors of Bishops, as is spoke at this time; they were at first introduced for the ease of Ministers, who for their extreme Age could not discharge the Duties of their Pastoral Office; but since that time, Favour and Ambition has had a much greater share in establishing these kind of Coadjutors, than Necessity; although the Council of Antioch in the year 341, expressly defends it in the 23. Canon, which practice St. Austin was a stranger to, when Valerius made him his Coadjutor, and designed him his Successor, as Possidonius observes in the eighth Chapter of his Life; where he takes, if I be not deceived, the Council of Antioch for that of Nice, the fourth Canon of which prescribes only the manner of Promotion of Bishops; whereas the 23. of Antioch absolutely prohibits a Bishop to establish himself a Successor, and by the same means a Coadjutor. I come now to Sicknesses, and other like accidents, for the which we do not think fit a Minister should be deposed; we do not indeed in the first Ages of the Church find any Rule on this subject, because in all likelihood, as yet none were found that would dispute to a Pastor, (who by reason of Sickness could not discharge the Duties of his Calling) the name and quality of Pastor, no more than things necessary for his subsistence. In the time of Gregory the First, things having in all likelihood changed face in this regard, this Prelate made a Constitution which is yet to be seen in the 11th. Book of his Letters, Indict. 6. Ep. 7, & 8. by which he appoints that a Coadjutor shall be provided for the Bishop, who by reason of Sickness cannot take care of his Congregation, which nevertheless shall be bound to maintain him as before; it is much after this sort he deals by the Bishop of Rimini, who by his own confession, a great pain in the head rendered incapable of discharging his Episcopal Office, for which cause he desired to be absolutely discharged, that another might be put in his place; which could not have been done without his consent, but only to have given him a Coadjutor. The Bishops of France did otherwise in regard of Heriman, or Herman, Bishop of Nevers, who was troubled with a mighty headache, but he stoutly resisted them; as also Wemlen Bishop of Sens, his Metropolitan, for they would have put another in his place against his will; but having writ to Pope Nicholas the First, in the year 862, he disapproved what they did in the case, Tom. ●. Cone Gal. Ann. 862. p. 87, 88 politicly avoiding the question they put to him touching the forged Decretal of Melchiades. In the Appendix at the end of the Letters of Loup Abbot of Ferriers, of the last Edition, there's a Letter of Innocent the Third to the Archbishop of Tours, writ in the year 1209, whereby he will have the Bishop of Perigueux to resign his Bishopric to another, because he was uncapable and unfit to discharge the Office; and that moreover he wasted the Treasure of the Churches; although he judges the former reason sufficient cause for the resignation: But Innocent the Sixth in the sixth year of his Popedom, that is, about the year of Christ 1360, writes to Girlac Archbishop of Mayence, to appoint a Coadjutor to Salvian Bishop of Worms, by reason of his great age and sickness, without leaving the Coadjutor any hopes of succeeding him after his death; the Letter is to be seen in the same Appendix. Mark, Patriarch of Alexandria, Apud Beaureg. Annot. in Can. Apost. To. 2. Pandect. p. 37. having demanded of Balsaman the famous Greek Canonist that lived in the Twelfth Century, If a man that had but one hand, or but one eye, were worthy the honour of Priesthood; and whether 'twere permitted to him that after Ordidination chanced to be dismembered in any part of his body, to celebrate Divine Service, or not? Balsaman after having alleged the 77, and 78 Canons of those which go in the Apostles names, to resolve the difficulty proposed to him, adds, That those ought not to be established in Ecclesiastical Offices, which by reason of their sickness and infirmities, are incapable of doing their Duties; but as for those which since their Ordination are fallen into any mischance, he declares, That if their inconvenience don't hinder them from discharging their calling, they are permitted to continue in it, and to celebrate Divine Service; but if the inconvenience be such as that it hinders them, he will that they desist from doing the service, but that the honour and dignity be continued them, with the enjoyment of things necessary for their subsistence. Matthew Paris observes in his History of England, in the year 1095, that Lanfranc Archbishop of Canterbury, in a Synod he held at Westminster, Anno 1075, judged, that the not understanding the French Tongue in a Bishop, with the incapacity of not assisting at the King's Councils, was a just cause of deposition; and it was thereon he grounded that of Wolstan Bishop of Worcester. Hereby let the Genius of this Prelate be judged; and let no body any further wonder, that the Doctrine of Transubstantiation, which he promoted with so much earnestness, made such progress in a time of such ignorance, to the prejudice of the ancient belief of the Church. Moreover, the Reader may observe, if he please, that the ancient Councils did not put the inconveniencies of Lunatism, and of those tormented by the evil spirit, in the rank of those for which it was not suffered to depose Pastors; on the contrary, they banished from Ecclesiastical Orders, all those as were any ways touched with these things, and if they were already promoted, they were removed, as appears by the 29th. Can. of the Council of Eliberi in Spain, Tom. 1. Conc. pag. 235. assembled in the year 305. By the 16th. of the first Council of Orange in the year 401, in the first Tome of the Councils of France, by the 13th. of the 11th. of Toledo, in the year 675. Tom. 4. Conc. p. 825. it is answerable to what Pope Gelasius the First writ to the Bishops of Lucania, at the end of the Fifth Century, Cap. 21. Tom. 3. Concil. p. 636. There might be added to all these Testimonies, Grat. 33. Distinct. Cap. 3, & 4. XLIX. Scandalous Vices punishable by the Magistrate, as Murder, Treason, and others, which shall reflect to the great dishonour and scandal of the Church, deserve that the Minister shall be deposed, although they had been committed not only before his Election, but also in the days of his ignorance; and that in case of continuance in the Ministry, he brings greater scandal than edification to the Church, whereof the Synods shall take account. CONFORMITY. St. Paul, who lays down to his Disciple Timothy, the qualities requisite to be in a good Pastor, desires amongst other things, he should be irreprehensible; the Primitive Christians following the steps of this great Apostle, have always with great care debarred from all Ecclesiastical Offices, those who were not of a very clear reputation, especially such as were vicious and scandalous, whom they never would admit of; and they were so strict herein, that when they came to know after the Ordination of any one, that he had committed any heinous sin before his promotion (for example the sins of Fornication, or Adultery) they inflicted on him a punishment in some measure proportionable to the greatness of his crime; but far less than if he had done it after his Ordination. The Council of Neocaesaria, assembled as is thought in the year 314, the Decrees whereof make part of the Code of the Canons of the Universal Church; this Council sufficiently instructs us of the two things I now have mentioned; for in the ninth Canon it forbids the Celebration of Divine Mysteries to him that shall have confessed, or be convinced to have sinned in his body, before his promotion; permitting him nevertheless, for living soberly since his receiving into Priestly Orders, to exercise the other Functions; but in the former, the Fathers entirely depose the Priest which shall have committed Adultery, or Fornication, that is, since his admission into Holy Orders. The Council of Valentia in Dauphine, in the year 374, in its fourth Canon, excludes from all Church Dignities, the Bishops, Priests, and Deacons, which declare at the time of their Ordination, that they are guilty of any Crime which deserves death. Tom. 1. Conc Gal. pag. 19 And that of Orleans in the year 511, And the first of those hold at that place, deposes and Excommunicates, in the ninth Canon, the Priest or Deacon which shall have committed any Capital sin; an Ordinance which the Synod of Epaume renewed, Ib. p. 180. 22. Canon of the year 517, in the same Tome of the Councils of France; the rigour of the ancient Discipline extended so far, as to suspend the Priest who was accused of any evil action, by the People committed to his Charge, although the Bishop could not prove the things by sufficient witness, Tom. 3. Concil. pa. 817. c 10. and the suspension was to hold till he had fully acquitted himself, that is to say, till his innocency had appeared to those that thought him guilty. We at least find so by a fragment of a Council of Lerida in Spain, assembled according to the common opinion, in the year of our Lord 524. Those who are convicted of any evil action, are excluded from Holy Orders, by the 61 Canon of the Apostles. But because in examining the 47th. Article, we deferred to treat of the scandalous vices therein mentioned, when we consider this, and the following ones, it is requisite we should say somewhat of each. The Council of Lerida , appoints in the same place, to depose those which shall be convicted of Cheating, Perjury, Robbing, Fornication, and other the like crimes, under which may be comprehended, Drunkenness and Quarrelling, both worthy to be punished by the Law; two Sins which are also mentioned in the 47th. Article of our Discipline, without touching at the 55th. Canon of the Synod of Laodicea, which forbids Churchmen to make Feasts, where each person contributes his share and portion; nor at the 24th. which forbids them entering into a Tavern. The Council of Epaume, Can. 13. Can. 22. cited a little before, puts false witness in the number of Capital Sins, for which it will have Ministers to be deposed. The third of Orleans, in the year 538. speaks of Adultery, Thieving, Cheating, of Perjury, or false witness, in the seventh and eighth Canons, Tom. Conc. Gall. and the 42th. of the Apostles, formally depose against Play and Drunkenness; and the 25th. for the same Sins, as the third of Orleans; And the 54th. excludes from the Communion any one of the Clergy found entering into a Tavern, unless it be in Travelling, that he by necessity is constrained to lodge in a Tavern, or Inn; and the twelfth Canon of the fourth Council of Toledo in the year 633, excludes from the Ministry of the Church, those which are spotted with any crime, or which do bear any mark of infamy. As for what regards Simony, which according to our Discipline deserves deposition, St. Basil was of the same judgement, as he shows in the Letter which he writ to the Bishops of his Diocese, and which in the new Edition Printed in England, of the Canonical Epistles of the Holy Fathers, four years ago, makes the 91 Canon of this Holy Doctor. The second Canon of the Council of Chalcedon, without redemption, condemns all Simoniacal Ordinations, and deposes as well him which gives, as he which takes Ordination for Money; and serves no better, those which intermeddle in this filthy and shameful Traffic. The 29th. of the Canons attributed to the Apostles, is set down in these terms, That the Bishop, Priest, or Deacon, that has obtained this Dignity by money, be deposed, with him that gave him Imposition of Hands; and debarred from the Communion. There's an infinite number of other Canons no less severe to those which expose to sale the gift which can't be sold, nor valued, as the Fathers of Chalcedon express it. The Combinations which our Reformers condemn, and under which they comprehend the support and favour of great men, whose credit and recommendation may contribute to the promotion of some one; these contrivances, I say, are forbid by the ancient Discipline. St. Chrysostom condemns them highly in his third Homily on Chap. 1. of the Acts of the Apostles. St. Jerome does the like in his Commentary on the first Epist. to Titus. Tom. 3. Concil. pag. 757. Pope Hormisda in his 25th. Letter to the Bishops of Spain, follows the steps of these two Illustrious Writers. Gregory the first in several places of his Writings, forbids to confer Orders, or prefer to Church-Offices, by motives of favour, or consideration for persons of Quality; so 'tis they express themselves in the 22d and 24th. of the second Book, in the 56th. of the fourth, in the fifth of the seventh, and in the fiftieth of the ninth. Unto all these testimonies may be added, what he writes in the fourth Homily upon the Evangelists, Lib 9 c. 17 & lib. 1●. c. 25. and in his Moral Exposition of Job; the 30th. Canon of those which go in the Apostles Names is formal in the case; If a Bishop employ the great men of the times to obtain a Bishopric, let him be deposed, and deprived of the Communion, with all those that are concerned with him. Tom. 1. Conc. Gall. p. 280. The Eleventh Canon of the Fifth Council of Orleans, in the year 549, prescribes something of the same nature. Quarrelling and Violence, which sometimes is of ill consequence, are punished with deposition in the 65th. Canon of the Apostles. If any one of the Clergy, having a difference with any other, gives him a blow whereof he dies, let him be deposed, by reason of his rashness, and too much passion. And the 27th. involves in the same punishment in general, all those which fight and strike each other. The ancient Discipline, as well as ours, deposed Ecclesiastical Usurers, as appears by the 17th. Canon of the first Council of Nice, which plainly threatens with this punishment, all those of the Clergy which shall be guilty of this Sin. After the definition and prohibition of this great Synod, to this Canon may be added the fourth of the Council of Laodicea, though 'tis not so positive and express; the 44th. of the Apostles is formal in the case. The crime of Treason and Rebellion, has not been omitted in our Discipline, being it furnishes a just and more than sufficient cause of deposition. If any one, saith the 84th. Canon of the Apostles, offers to injure the King, or the Prince, let him be punished; if he be of the Clergy, let him be deposed; and if a lay-person, let him be Excommunicated. As for deserting their flocks, by Pastors forsaking them without licence, it is punished by the same punishment, by the third Canon of the Council of Antioch, in the year 341; and by the tenth and twentieth of that of Chalcedon. There remains something to be said of Schism, which commonly is attended with Rebellion against the Ecclesiastical order, and with a disregard of Caveats and Remonstrances, made to the Authors of these Partialities and Divisions, by those who have right and power to do it. The sixth Canon of the Council of Ganges in Paphlagonia, assembled Ann. Dom. 325. or as I think, much later, has this Decree, If any shall hold private Assemblies out of the Church; and if out of contempt to the Church, they undertake to do that which should be done in the Church only, without so much as having a Priest by consent of the Bishop, let him be Anathema. The 31st. of the Canons which go in the Apostles Names, pronounces sentence of deposition against a Priest who despising his Bishop, although he has done nothing contrary to Justice and Piety, if he makes Assemblies apart, and raiseth Altar against Altar, doing after this manner, he manifests his Tyranny and Ambition; it's true he advises he should be warned three times before he is degraded. The fifth Canon of the Council of Antioch is too remarkable to pass it under silence: If a Priest or Deacon (says it) slighting his Bishop, and separating himself from the Church, makes a Congregation apart, and raises an Altar, and refuses to hearken to his Bishop, when he recalls him, and done't prepare to please and obey him at the first nor second time that he calls him, let him absolutely be deposed, without any remedy for his evil, nor recovery of his place and dignity; and if he continue to stir up troubles and seditions in the Church, let him be punished by the Secular power, as a seditious person. The first Ecumenical Council of Canstantinople, in the year 381, employs its sixth Canon against those which endeavour to confound and overthrow the Ecclesiastical Order. And the first Council of Ephesus, assembled in the year 431, deprives of all power over the Bishops of the Province, and from all Ecclesiastical Communion, the Metropolitan, who separating himself from the holy Ecumenical Synod, has, or shall adhere to the Council and Assembly of Apostasy, and Rebellion; and moreover declares him incapable of exercising any Office, subjects him to all the Bishops of the Province, and to all the Neighbouring Metropolitans, which make profession of the Orthodox Faith; and to enhance his punishment, it degrades him from the Episcopacy. One may add to this Decree, the 3, 4, and 5th. Canons of the same Council. Howsoever it be, Rebellion, and the contempt of Remonstrances, which for the most part accompany Schism and Divisions, did not find in the Discipline of the Ancients more kind entertainment than in ours, seeing that after two or three Advertisements and Summons, they proceeded, as has already been seen, to the degrading of obstinate and rebellious Clergymen. So it was done to Nestorius, who was cited three times before he was condemned, as is evident by the Acts of the first Council of Ephesus. It was also the manner of proceeding used against Macarius Bishop of Antioch, a Monotholite, towards the end of the seventh Century: In the Sixth Ecumenical Council held at Constantinople by the Emperor Constantine Pogonat, or the * Great Beard. Hairy; and it may be said, 'twas the usual practice of the Church. The 74th. Canon of the Apostles explains itself at large, for it orders, when a Bishop shall be accused, the Bishops shall summon him; and if he appears, and that he confesses, or is convicted of the crime he is accused of, they shall declare what punishment he has deserved; but if being summoned, he don't appear, it requires to send two Bishops to cite him a second time; and if he fails again, that two others be sent to cite him a third time; and if through contempt and rebellion, he refuses to appear after those three Citations, it requires the Synod to pronounce against him what they shall think fit, fearing lest flying from judgement, he may think to have gained his Cause. I almost forgot to have spoke a word of Dancing, and other Disorders which are prohibited to our Ministers, in the 47th. Article, which is very conformable to the 45th. Canon of the Council of Laodicea, especially if also one considers the 35th. of the same Council. L. If a Minister be convicted of enormous and notorious Sins, he shall speedily be deposed by the Consistory, calling unto it the Colloque; or in default of it, two or three unsuspected Ministers. And in case the guilty Pastor complains of wrong and injury, the whole matter shall be reported to a Provincial Synod. If he has Preached Heretical Doctrine, he shall presently be suspended by the Colloque, the Consistory, or two or three Ministers thereunto called, as above, until such time as the Provincial Synod has determined the case, and all sentences of suspension for whatsoever it be, shall nevertheless admit of appeal, until final judgement be given. CONFORMITY. Although this Article hath been already explained in what has been delivered in the preceding ones, yet I will add something for the fuller clearing of it; I say then, it was so done in regard of Paul of Samosatia, Bishop of Antioch, who being convicted of Heresy, was presently Deposed, as Eusebius informs us. The 25th Canon of the Apostles, ordains to inflict the same punishment on Bishops, on Priests, and Deacons, which shall be convicted of Fornication, of Perjury, and of Robbery; and a Council of Lerida, of which we have already made mention, shows no more favour against Churchmen convicted of enormous and crying sins, alleging for a reason, That their vicious examples are a scandal to the People of God. The second Council of Sevill, in the Year 619. decrees in the 6th Canon, That it should be done by authority of the Synod to which it refers, as our Discipline does the definitive Judgement of these Depositions, Tom. 4. Conc. Pag. 559. LI. The Reasons of the Dposition shall not be divulged to the People, if necessity don't require it; whereof those which shall have judged of the Depositions, shall do as they shall think convenient. CONFORMITY. This Establishment in regard of deposed Ministers, is like that of Pope Leo I. in regard of those who were to do public Penance; for being informed that in several parts of Italy, the Bishops caused publicly to be rehearsed the Sins of those which were to do Penance, Ep. 80. he condemns this practice, and expressly forbids to do so for the future; Ep. Can. 2. Cap. 34. and a long time before Leo, St. Basil declares, That the Fathers had prohibited to divulge to the People, the Women which were guilty of Adultery, either by their own Confession, or after having been convicted of it. LII. The National Synods shall be advertised by the Provincial ones, of those which shall be Deposed, to the end they should not receive them. CONFORMITY. In the Primitive Church, when any Pastor was Deposed, advice was given to all the Churches, to the end that none should receive him; Ersel. Hist. l. 7. c. 30. according to which, after the Synod of Antioch had Deposed Paul of Samosatia, in the 3d Century, for Heresy, it wrote a long, fair Letter, to all the Bishops, and to all the Churches in general, to inform them at large, of all that had passed in the Condemnation of this great Heretic. Alexander Bishop of Alexandria, having Condemned Arrius, and his adherents, he also writ to all the Catholic Bishops, To the end, Secrat. Hist. Eccles. lib. 1. c. 6. p. 13. ult. Edit. Pag. 27. Paris. 1598. saith he, that you should not receive him, if by chance he should have the confidence to go to you, and that you should not give credit to what Eusebius, or any one else may write to you in his behalf: St. Hillary, Bishop of Poitiers, informs us in his Fragments, That the Western Bishops, Assembled at Sirmium, in the year 350. having Anathematised the Heretic Photin, they sent into the East the Decree of his Condemnation, to inform them after the usual manner, of what they had done against him. Lib. 4. c. 9 Theodoret has preserved to us in his Ecclesiastical History, the Letter of a Council of Bishops in Illyria, writ about the Year 370. by which, amongst other things, they inform the Churches of God, and the Bishops of the Dioceses of Asia, of the Deposing of certain Clergymen, Tom. 3. Concil. p. 468. infected with the Impiety of Arrius, whose Names they express. Accordingly the Fathers of Chalcedon, say, in their Relation to the Emperors, that the Sardick Synod, gave notice into the East, of what they had done against the remains of Arrius, as the Eastern Bishops did those of the West, of their Decree against Apollinarius: They went yet further; for they published these Sentences of Deposition in the Churches which had been advertised of it. In short, St. Austin in his 3d Book against Petilien, Chap. 39 makes mention of a Deacon called Splendonius, which had been Deposed in part of Germany, and the Decree of his degradation was read in the Churches of Africa, when they had received notice of it by the Prelates which had condemned him. LIII. Ministers which have been Deposed for Crimes which deserve signal punishment, or that bear marks of Infamy, cannot be restored to their Office, what acknowledgement soever they make. As for other less faults, after due acknowledgement made, they may be restored by the National Synod, however to serve in another Church, and not otherwise. CONFORMITY. The 28th Canon of those ascribed to the Apostles, appoints to separate wholly from the Communion of the Church, the Bishop, the Priest, or Deacon, which having been Deposed for notorious Crimes, has nevertheless the confidence to reassume the Ministry which had been committed to him; the 4th of the Council of Antioch leaves him no hope at all of being re-established; no not so much as liberty to defend himself, or plead his Cause in another Synod. The 5th Canon treats not more favourably, Rebels and Schismatics; the 14th and 15th confirms the judgement of the Provincial Synod, unless in case the Opinions were divided; in which Case, they prescribe to call other Judges of some adjacent Province. The 29th of the Council of Chalcedon, speaking of Bishops, which from the Episcopal Degree are descended to that of Presbytery, it declares, That if they are condemned for just Cause, they are not worthy of the Honour of Priesthood itself. To this Settlement may be referred the Canons which descend to receive to the Communion in a Church, or Province, those which have been Excommunicated in another; as the 5th of the 1st Council of Nice, the 6th of that of Antioch, the 32 of the Apostles, and divers others. After all, the Constitution of our Discipline which we examine, gives Power to Synods to restore after due acknowledgement, those which have been deposed for lesser faults, but to serve in another Church; which in substance, Tom. 3. Concil. p. 817. c. 10. is one of the Decrees of the Council of Lerida, which we have cited several times; there's something much like this in the 11th Canon of the Council in Trullo, at the end of the 7th Century, Tom. 5. Conc. Page 329. LIV. Vagabonds, that is to say, those which have no vocation, and that intrude into the Ministry, shall be suppressed; and whatsoever the Provincial Synods do, as to prohibiting the Ministry, it shall have the same virtue and effect, as if the National Synod had enjoined it. CONFORMITY. The 6th Canon of the first Ecumenical Council of Constantinople, may well be applied to this Article, seeing it was made against those which endeavour to confound and overthrow the Ecclesiastical Order; In the year 752. was held a Council at Verberie in Valois, Tom. 2. Conc. Gall. p. 4. (it was a Royal House in the Diocese of Soissons near Champagne). The 14th Canon of which, is against wand'ring and straying Bishops. The 22d of that of Mayence in the year 813, in the same Volume, pag. 281. is also against wanderers; as also the 101st. of the Synod of Aix la Chappelle, in the year 816. the same, page 376. And to conclude, the 5th of the 2d Council of Toul, Assembled at Tousi, in the same Diocese, Anno Dom. 860. by Order of Charles the Bald, and of Lothaire; to all these Canons may be added, the 13th of the Synod of Vernon, under Pepin, in the Year 755. Tom. 1. Conc. Gall. pag. 3. LV. Those which are declared Vagabonds, Apostates, Heretics, Schismatics, shall be proclaimed in all Churches, that they might beware of them, and a List of their Names shall be delivered to the Provincial and National Synods. CONFORMITY. What we have said on the 52d Article, is very proper for this, therefore it is needless to repeat it. LVI. Those who have been put in the number of Wanderers, by advice of the National Synod, cannot be struck out but by another National Synod. CONFORMITY. There's nothing in this Establishment, but what is conformable to the method of Ancient Canons, which frequently remitted differences to be determined at Synods, to the end, that being decided this way, every body should acquiesce to their determinations, especially when it was transacted by the Synods of the whole Diocese, which comprehended several Provinces, and to which do answer our National Synods; this appears by several Canons of the Councils of Nice, of Antioch, of the 1st of Constantinople, and others; the 22d of the Council of Mayence, alleged by us on the 54th Article, does expressly refer the question of wand'ring Churchmen, to the Censure of the Synod. LVII. Those which shall insinuate themselves into the Ministry, in the Provinces and Places where the pure Ministry is already Established, shall be duly advertised to desist, and in case they persevere, they shall be declared Schismatics, as also those which adhere to them, if after the like warning they do not leave them. CONFORMITY. No one, saith the Apostle, aught to assume to himself the Honour of the Ministry, unless he be lawfully called to it; therefore 'tis with great reason, that the Authors of our Discipline appoint, That the temerity of those should be reproved, which intrude into the Ministry without Vocation, both in the Country, and other places, where the Ministry is already Established. It is on this account that the Author of the pretended Canons of the Apostles, L. 3. c. 10. Paris. 1608. prohibits Lay-people to perform any Function of the Sacred Ministry of the Church, as to christian, to Administer the Lord's Supper, and the laying on of hands; and declares, That those which shall undertake it without being called, shall be punished with the punishment of Vzza. It is for the same reason, That the Ancient Canons forbidden Bishops (on pain of Deposing) to meddle out of their Dioceses, or there to make Ordinations, to the prejudice of their Brethren. It is just the same as is enjoined in the 35th of the Apostles; to the which may also be added the 12th and the 16th of the 1st Council of Nice, which say something near the same matter. The 8th of the 1st Council of Ephesus, in the Year 431, is more formal; for upon occasion of the Encroachments which the Bishop of Antioch made on the Isle of Cyprus, the Fathers appoint, That each Province shall enjoy its Privileges, and forbids Bishops to encroach, or make themselves Masters of places which have not been always under their Conduct, with Express Command to restore those they had usurped, that the Authority of Ancient Canons may not be trampled under foot: To all which may be added, part of what I have observed on the 18th and 24th Articles; and besides, what Socrates has writ of one Ischyras, which was of St. Athanasius his Diocese, and who never having been preferred to the Honour of Priesthood, had nevertheless the impudence to assume the Name, and do the Functions of a Priest; which the Historian judged worthy of several deaths. It's true, this inconsiderate Person in all likelihood acted after this manner, thinking he should be favoured by the Arrians, which were Enemies to Athanasius, which succeeded accordingly; for they advanced him to be Bishop, as appears by the 20th Chapter of the 2d Book of the same Socrates. Zozomen calls him Ischyrion, in the 12th Chap. of the 3d Book of his History. CHAP. II. Of SCHOOLS. ARTICLE I. THE Churches shall use their best endeavour to Erect Schools, and shall give Directions, that Youth be instructed. CONFORMITY. The instruction of Youth being of the greatest importance for establishing of the Truth, for advancing the Glory of God, and for the Edification of his People, it was great reason to procure amongst us the means of doing it, wherein our Fathers have exactly followed the Example of the Primitive Christians, who neglected nothing for the Educating of their Children; for not to insist on Grammar, or Rhetoric, to which Schools they sent them, until the Emperor Julian the Apostate (who gained this Name by his falling off from the Truth) forbidden the Masters of those two Arts, to teach them to Christians; which Amianus Marcelinus, though a Heathen, condemns as an Action directly contrary to the Laws of Clemency and Equity; not to insist, I say, on these things, no more than on other humane Sciences, the knowledge of which they were no strangers to; Who don't know, that their principal study was to understand the Truths of the Holy Scriptures, the Mysteries of Piety, and of Religion; It was for this Reason, that from the very first beginning of Christianity, they had public Schools, wherein the principal Matters, and Fundamental Points of the Religion of the Son of God, was taught; as has been proved on the 13th Article of the 1st Book. Now to descend lower, I observe, that Charlemagne, who may be looked on as the first restorer of Sciences, in a great part of the West, I say, he took care to settle Schools in Monastries, and Episcopal Houses, for the Instruction of Youth; it is what he particularly enjoins in his Capitulary, Tom. 2. Conc. Gall. p. 152. c. 72. Ib p. 215. c. 19, 20. in the year 789. Theodulph Bishop of Orleans, declares in his, made Eight years after the other, That there were several Schools in his Diocese, which he names; and moreover appoints to have others in the Country, and in Villages. The 2d Council of Chalous on Soan, made a Decree in the year 813. Ib. p. 308. Can. 3. which deserves here to have its place. It is requisite, that according to the command of the Emperor Charles, a Prince endowed with singular Sweetness, Force, Prudence, Justice, and Temperance; Bishops should Establish Schools, where the Doctrine and Knowledge of the Holy Scriptures may be Learned, and where persons may be instructed, of whom our Saviour may justly say, Ye are the Salt of the Earth, and may be the savour of the People, and whose Doctrine may not only resist sundry Heresies, but also the temptations of Antichrist, and the Antichrist himself; and that so it may justly be said of them, in praise of the Church, A Thousand Bucklers, and the Arms of Men of might, are there. The Synod of Paris, Ib. lib. 3. p. 549. Can. 12. termed the VI in the Year 829. make request to Lewis the Debonnair, in following his Predecessors steps, That he will be pleased, by his Authority, to procure the Establishment of some public Schools, at least in three of the most convenient places of his Empire; to the end, that his Father's, and his pains, might not be in vain: Besides, that this Establishment would be very useful, and glorious to the Church of God; and that by this Action, he would make his name Immortal. The Council of Meaux, Tom. 3. Conc. Gall. p. 41, 42. Can. 35. in the Year 845. requires, that each Bishop has a Learned Man, of a good and unblameable Life, to teach and instruct Priests, which have the care and conduct of People, in the truth of Faith, and in the observation of God's Commandments; and to enable them to Preach, that the Light of the Word of God may shine always in the House of God, which is the Temple of the Living God. It is also the substance of the 18th Canon of the 3d Council of Valentia in Dauphine, Ib. p. 104. assembled Ten years after that of Meaux; of the 34th of a Roman Synod held in the 9th Century, Collect. Rom. Part 2. p. 43, 89. under Pope Eugenius the 2d. and which is repeated, and enlarged in another under Leo the IVth. in the same Century. II. The Regent's and Schoolmasters, shall sign the Confession of Faith, and the Ecclesiastical Discipline; and the Cities and Churches shall not receive any without the consent of the Consistory of the place. CONFORMITY. The Regent's and Master's of Schools, which serve in our Academies, especially Professors of Divinity, being called to teach their Scholars the same Truths, as those Ministers are obliged to Preach to their Congregations, and to have them live under the Law of the same Discipline; it is just, they should, as well as the Ministers, sign our Confession of Faith, and our Discipline, to the end their Lessons may be always conformable to the former, and their Actions to the latter; as well in regard of themselves, as of those which depend on their Conduct. I will not here repeat what I have said on the 9th Article of the 1st Chapter, and which may conveniently be applied to that we now Examine; it shall suffice to add, that what we expect of our Regent's, is in substance the same thing as the Protestations made by Doctors in Universities, amongst the Latins, Not to say nor write any thing contrary to the Holy Scriptures, and the Decrees of Councils. III. The Doctors and Professors in Divinity shall be Elected by the Synod of the Province where the Academies are, and shall be Examined, as well by the Lessons they shall make on the Old and New Testament, according to the Authentic Texts of Hebrew and Greek, which shall be delivered to them, as by Disputation, of one or more days, as shall be thought fit; and being found capable, if they are not Pastors, the hand of fellowship shall be given them, having first of all promised faithfully and diligently to discharge their Duty, and to Teach the Scripture with all purity, according to the Analogy of Faith, and according to the Confession of our Churches, which they shall subscribe. CONFORMITY. The Council of Chalons, which was cited upon the first Article, refers to Bishops, and by consequence to their Synods, the Choice and Establishment of those which are to Teach Divinity, and the Mystery of Salvation; and that of Meaux, which we also cited on the same Article, prescribes the Gifts and Qualities, as well for the Doctrine, as the Life and Conversation; so that we may say, it amounts near to the Establishment of our Discipline, if you except only the form and manner of installation, whereof these two Councils make no mention at all Pope Alexander the 3d, Tom. 7. Concil. part 2. p. 660. in his Lateran Council An. 1189. uses the 18th Canon, to provide for the establishing and preserving of Schools, in appointing Pensions to Masters and Regent's; it is the subject of the 11th Canon of another Lateran Council, 36 years after that, under Innocent the 3d, which also declares, There aught to be in each Metropolitan Church a Doctor in Divinity, to expound to Priests and others, the Holy Scriptures, and to instruct them in things necessary for the guide of Souls. iv To the end there might be always good store of Pastors, and that Churches may be always well provided with persons capable to conduct them, and to Preach the Word of God; the Churches are advertised to Elect hopeful Scholars, such as are already well advanced in Learning, to keep them at Universities, that there they may be fitted and prepared to be employed in the Holy Ministry, encouraging the Children of poor Ministers, which are apt for Learning, whereof the Colloques shall take notice. Kings, Princes, and great Lords shall be desired and Exhorted to assist herein, and to contribute part of their Revenue, as also opulent Churches. The Colloques, and Provincial Synods shall give advertisements where and when they shall see occasion, and shall use all convenient means, that things so necessary might be brought to good effect; and if single Churches can't do it, neighbouring Churches shall join together, that at least there might be a maintenance for each Colloque; and that rather than fail, the 5th Penny of the Alms-money be set apart for this use, if it may be conveniently done. CONFORMITY. It appears by the 14th Canon of the Synod of Epaum, Assembled in the Year 517, That it was practised at that time just as our Discipline prescribes; for it appoints to him of the Clergy that shall have received any Gratification and Present from the liberality of the Church wherein he lived, that he should return it back again, if he be advanced to be Bishop of another Church; it appears to me, this cannot be understood, but of the assistance was given him during the time of his studies, seeing that from the very moment any one entered into the Service of a Church, he was to have his support and maintenance from it. It was in this regard Theodolphus, Bishop of Orleans, permitted the Priests of his Diocese, in the Year 797. to send their Nephews, or some of their Relations, unto the School he names, which they shall like best, there to be Taught and Educated. There's something like this in the Seminaries, which the 2d Council of Toledo, as 'twere, founded in the Year 530. and the 4th of the same place, An. 633. Can. 23, or 24. Tom. 4. Conc. Page 588. Not so much as the Council of Trent, but made a Decree in the 29th Session, Anno 1563. for the Establishing these Seminaries, Tom. 9 Conc. Page 409. cap. 18. V In each Church there shall be appointed Propositions of the Word of God amongst the Scholars, according as the convenience of the place and persons shall permit, where the Pastors shall be present, as well to preside, as to direct and help the said Students. CONFORMITY. The Exercises here prescribed, have no other scope, but to fit and prepare Students in Divinity for Preaching, and to put them in a condition to Preach the Gospel to Edification, with profit; which agrees very well with the Establishments of the Synods of Chalons, and Meaux, which we cited on the first Article. CHAP. III. Of ELDERS and DEACONS. ARTICLE I. IN those places where the Order of Discipline is not yet Established, the Election as well of Elders as of Deacons, shall be made as well by the common voice of the People as of the Ministers; but where the Discipline is already established, it shall pertain to the Consistory with the Pastors, to make choice of the fittest Persons, by ardent Prayers, to that effect; And the Parties shall be expressly nominated publicly in the Consistory; and to those which shall be chosen, the Office shall be read, to the end they may know the business they are to be employed in. If they consent to it, they shall afterwards be nominated to the People two or three Sundays, that so the consent of the People may also intervene; and if there be no opposition the third Sunday, they shall be publicly admitted by solemn Prayers, they standing before the Pulpit, and so shall be settled in their Office, subscribing the Confession of Faith, and the Ecclesiastical Discipline; but if there be opposition, the Matter shall be decided in Consistory; and if it cannot be there determined, the whole shall be transmitted to a Colloque, or Provincial Synod. CONFORMITY. Having treated of Ministers, and the Schools where they ought to study to attain to the Office of the Holy Ministry, it follows in order, to speak of those which partake with them of the care in Governing the Flock; That is, of Deacons, and Elders, which amongst us are Secular persons, serving in the Church, and distinguished from Ministers; or to speak with the Fathers, from the Clergy; it is then of these two sorts of Persons, and of their Election, that I am to treat, in examining this Article, according to the design and intention of the Compilers of our Discipline. I'll begin with the Deacons, which as every body knows, are of Apostolical institution; In effect, we find in the 6th Chapter of the Acts, That the Apostles giving themselves up wholly to the Preaching of the Gospel, they desired the Church of Jerusalem to choose out certain persons of good repute for Wisdom and Piety, that they might commit unto them the care of the Poor, which they express, by serving of Tables, that by this means they might the more conveniently attend to Prayer, and Preaching of the Word. St. Chrysostom observes on this place, that this was the first establishing of Deacons, the very name not being till then known, that is, in the Christian Church; as for the Jewish Church, they had their Deacons, as Epiphanius writes in the Heresy of the Ebeonites, which is the 30th, they were called Azanites; and thence probably 'twas that the Apostles took the Original of Christian Deacons; and they called them so, because they served at Tables, and at the distributing of Money to the Poor; It was to that time, those which followed St. Chrysostom, and wrote of the first institution of Deacons, writing on the Acts of the Apostles, as Beda and Orcumenius, have referred it. As for Lay-Elders, such as ours be, I do not find their institution in Scripture, as that of the Deacons is found; as for the Elders of the Christian Churches, whereof there is mention made in several places in the New-Testament, I am fully persuaded that by them is to be understood Pastors themselves, which were called indifferently Elders, or Priests, and Bishops; I do not except that famous passage, chap. 5. vers. 17. of the 1st Ep. to Timothy. It is certain that these Elders were all of the same Order, that is to say. They were all Pastors; but because there were several in the same Church, and that some were sitter for Preaching the Word than others, they gave them different employments, according to the diversity of Gifts; in my judgement there needs no other proof of this Truth, than the right of Precedency which St. Paul attributes indifferently to all, which he would not have done, had they not been all of one Order; the Greek word also, which he uses, ordinarily imports a precedency which is due only to Pastors, which the Ancients frequently design by this name, particularly Justin Martyr. But notwithstanding this, I make no question, but the Original of our Elders is very Ancient, and that it approaches very near to the Apostles days, if they be not rather themselves the Founders of them; and what confirms me in this Opinion is, that they established in the Church a Government like that of the Synagogue, a Christian Presbytery, instead of a Jewish one; and as there were Elders amongst the Jews, which had share in Governing the Synagogue, it is very probable that there were also Elders amongst the Christians, People which had part in that of the Church, if not at the very first birth of Christianity, at least there was as soon as the number of them was increased in so great a manner; for than it was there was need of establishing this sort of Government I have spoke of, and of which the Holy Penmen have not mentioned the time of its settlement; because it may be they had no particular occasion of doing it, as St. Luke had of writing the History of the Institution of Deacons, which probably might also have been unknown to us, if the murmuring of the Greeks against the Jews, because their Widows were neglected at the ordinary Service, had not obliged him to transmit it in writing. However it be, That it may not be imagined I only insist on mere conjectures, and conjectures utterly destitute of the Authority of Tradition, I'll produce the formal Testimony of Hillary, Deacon of Rome, a Writer of the 4th Century, who speaks in this manner. In 1 Tim. 5. 1, 2. apud. Ambrose Tom. 3. p. 582. The Synogogue, and the Church afterwards, had Elders, without whose advice nothing was done in the Church; and I can't tell by what negligence the same has been abolished, if it be not probably by the slothfulness of Doctors, or rather through their Pride, to make it be believed they are somebody's: It appears plainly by these words of the Deacon Hillary, That the Church had her Elders, as well as the Synogogue, and that very early she began to make use of them, when he began to write his Commentaries on St. Paul's Epistles; for he complains of the abolishing this holy Custom, which in all likelihood held a considerable time after its first institution, and in the very place itself where it was extinct by the negligence and malice of vain and ambitious Men; which doth justify, as I take it, what I have said of its Antiquity, that is to say, That the first establishing of it was by the Apostles, or at least by their immediate Successors, if it were so that we could not find the Footsteps in the Monuments of Ecclesiastical Writers, that immediately followed the Age of the Apostles. Nevertheless, who knows but Claudius, Ephebius, Valerius, Biton, and Fortunatus, which St. Clement, Disciple of the Apostles, sent to the Church of Corinth, with the Excellent Letter which he wrote to appease the troubles wherewith it was agitated; who, I say, can tell but they were of those Elders whose original Institution we seek for? for he says nothing at all which may induce us to think they were either Pastors, or Deacons. Moreover, in the third Century, Firmillian Bishop of Caesaria in Cappadocia, and one of the most celebrated Prelates of his time, makes mention of Elders, which he joins with Pastors, for the treating of affairs which concerned the good and edification of the Churches, Seniores & Praepositi. Apud Cypri. pag. 144. Optat. l. 1. p. 41. Par. 1631. We meet together, saith he, every year, Elders and Ministers, to settle and order matters committed to our care, and with common consent to treat of the weightiest and most important affairs. About fifty years after, Mensurius Bishop of Carthage, having received orders to follow the Emperor's Court, he committed to the trust of certain Elders, saith Optatus of Milvetan, several Ornaments of Gold and Silver, which appertained to the Church: But afterwards he made a Note of them, which he gave to an old Woman, with orders to give it to his Successor, if it happened that he died in his Journey, as it fell out he did; so that Cecilian having been Established in the place of Mensurius, the Woman failed not to give him the Note she had, by virtue of which he called for those Elders to whom Mensurius had committed this trust, in the belief he had that they were good honest men; but these perfidious persons, willing to satisfy their own covetous desires, converted the Gold and Silver to their own private uses, Cecillian was frustrated of his expectation; and as he was going about to compel them, they rend from the Communion of the Church a good part of the People, and began the Schism of the Donatists, which proved so destructive to the Churches of Africa. And what invincibly proves they were Lay-Elders like ours, is, that Optatus expressly distinguishes them from Botrus, and Celesius, which were of the Clergy of the Church of Carthage, and who not attaining to the Degree of Bishops, to which their ambition made them aspire, they herded with these corrupt Elders, together with Lucilla, a factious and powerful Woman, who of a long time endeavoured the ruin of Cecilian. See here already sufficient Arguments of the truth of the matter we examine; nevertheless because many do imagine that our practice in regard of Elders, is new and unknown to the ancient Church, it will not be amiss to insist a little longer on this subject, and to allege farther proofs, the better to establish the Antiquity of the practice which we defend. I'll begin with the Acts of Justification of Cecilian, and of Foelix of Aptonge, his Ordainer, which are at the end of Monsieur de Laubespine Bishop, of Orleans, his Notes on Optatus Bishop of Mileva in Numidia. In these Acts, which are ancienter than the Council of Nice, there are several things which directly regard our Subject, as what is said on occasion of Money given by Lucilla a Woman of Quality, to have made Majorinus Bishop, Pag. 268. That all the Bishops, the Priests, the Deacons, and the Elders, had knowledge of it. And some lines after, a Bishop called Purpurius, writes to Silvanus Bishop of Cirthe, who was accused of several things, To employ those of his Clergy, and the Elders of the People, which are Ecclesiastical persons, to the end they might give an account of the nature of these dissensions; and in the following page there is mention made of a Letter writ to the Clergy, and to the Elders; and six pages after, one Maximus saith, Pag. 276. Inst. I speak in the name of the Elders, and Christian People of the Catholic Law. St. Tom. 7. Pag. 191. c. 56. Tom. 2. p. 250. Austin in his third Book against Cresconius, speaks of a stranger Priest, and the Elders of the Church of the Country of M●slitan▪ The Title of his 137th. Letter is conceived in these terms: To my beloved Brethren, the Clergy, th● Elders, and all the People of the Church of Bonne, Tom 8. in Psal. 36. Conc. 2. p. 119. Extr. or Hippone, whom I serve in the Love of Jesus Christ. There is in this same Father's Sermons on the Psalms, a Synodal Letter of the Cabarsussitan Council, which speaking of Primian the Donatist, saith, He was given to be Bishop to the People of Carthage, according to the request made of the Elders of the Church by Letters. And in the next Page, there is again mention made of Letters, and Deputies of the Elders of the Church. In the Nineteenth Sermon on the words of our Lord, which is the third in the Appendix of the 10th. Tom, he makes appear wherein consisted one part of the Duty of their Employments. The 100th. Canon of the African Code, attributed to the Council of Carthage in the year 407, speaks three several times of the Elders at Nova Germania; and because there had been some difference betwixt this Church and Maurentius its Bishop, and that nevertheless the Elders deputed in this affair to the Synod, appeared not, the Council assigned to Maurentius, the Judges he desired, and left to the choice of the Elders, though absent, the nomination of those that should be needful to complete the number; and what is very remarkable in this conjuncture is, that these Elders defended the right of the People, which were the Bishop's opposite party, who complained of their outrage and calumnies. What I have hitherto writ, does clearly show, that when the Deacon Hillary complained that the use of Elders was abolished, he had a regad to Italy, where it had indeed happened in sundry places, though the same practice continued elsewhere, as I have justified by many Examples after the time in which this Roman Deacon wrote. I now proceed on farther, and do say, this custom was not extinct in France and Sicily at the end of the Sixth Century; I say first of all in Sicily; for Pope Gregory the First writ to John Bishop of Palermo, Tom. 2. lib. ●1. Ind. 6 Ep. 49. p. 1083 and recommends two things to him, one was, To establish a Receiver by consent of the Elders and Clergy, to give an account yearly, to take away all suspicion of fraud: The other was, not to give easy credit to reports that might be made to him of his Clergy, but carefully to examine the truth in presence of the Elders of his Church. I say in the second place, this same practice was observed in France. In effect, Gregory of Tours has transmitted to us the Letter of an Assembly of Bishops held at Poitiers by the King's Command, to take course about the disorders of the Monastery of St. Radegonda; Hib. l. 1●. c. 16. and in this Letter the Abbess confesses amongst other things, that she received Earnest for the Marriage of her Niece which was an Orphan; that she received it in presence of the Bishop, the Clergy, and the Elders. And in the year 585. King Goutran makes express mention of the Elders of the Church, which he distinguishes from the Clergy, in the Edict which he addresses to the Bishops and Judges of his Kingdom. Tom. 1. Conc. Gall. p. 391. I can't say but Agobard Bishop of Lions in the ninth Century might design these same Elders, Lib. de Jure Sacerd. pag. 135. Tom. 2. when complaining of Persons of Quality that abused Priests they had in their Houses: He saith, That by reason of these Domestic Chaplains, They forsook the Churches, the Elders, and the public service. Now it follows, I must treat of the form and manner of Electing our Deacons and Elders. The Establishment I examine, distinguishes the places where the Discipline is not yet settled, from those where it is already received; in the former it requires Election should be made by the Votes of the People and Pastors: In the other, it appoints, that nomination shall be made in the Consistory, and that it shall be signified to the People, to have either their consent, or their refusal; because their Establishment depends on the liking and approbation of the People; the nomination made in the Consistory, no way depriving the People of their Right, seeing the most part of those which do it, that is to say, the Elders and Deacons, do represent the People, and are invested with its power and rights. It is therefore of the People, either mediately, or immediately, that depends the Establishing of Elders and Deacons amongst us. And herein our Discipline has Religiously followed the practice of the holy Apostles, who referred to the liberty of the People, the Election of the Seven Deacons; the History whereof is mentioned by St. Luke in the 6th. Chap. of the Acts. And 'tis not only in regard of Deacons the Apostles proceeded in this manner, they would also that the whole Church of Jerusalem should have share in Establishing Mathias, Acts 1. who by common consent was added to the Number of the Eleven Apostles; and when they Ordained ordinary Pastors, doubtless they did it by the advice of the Assemblies of the People, to the conduct of whom they intended to commit them. Which example the succeeding Christians imitated very exactly, as we have made appear on Artic. 4. of the first Chap. Our Discipline does not therefore prescribe any thing as to what regards the Election of our Elders and Deacons, but what is very conformable to the practice of the Apostles, and to that of the Primitive Christians; in short, if in the first Ages of Christianity the People had a good share in the Vocation of Ministers, of greater reason had they in Establishing of Elders, which were, if it may be so said, the Executors of their Will, and the dispensers of their Rights. And if our Ministers by the ninth Article of the first Chapter, are obliged to sign our Confession of Faith, and Ecclesiastical Discipline, agreeable to what was practised in the Primitive Church, it cannot be thought strange, that we should also oblige our Elders and Deacons to sign them, because they make up one body with the Ministers of each Church, and do partake with them of the conduct of the same Flocks. II. Hence forward, as much as possible may be avoided, there shall not be elected for Elders and Deacons of the Church, those which have Wives contrary to the true Religion, according to the saying of the Apostle: Nevertheless, that the Church may not be deprived of the labour of several good persons, who by reason of the ignorance of past-time, have Wives of a contrary Religion, they shall be dispensed withal for the present necessity, provided they show their readiness in instructing their said Wives, and in desiring them to join themselves to the Church. CONFORMITY. Having established, as we have done, the first Article, this has no difficulty in it; for St. Paul requires, 1 Tim. 3. That Deacons should hold the mystery of the Faith in a pure Conscience. He also requires, That their Wives be faithful in all things; and by consequence, in those of Religion and Piety, which should be the only Religion of Jesus Christ both in Husband and Wife, to avoid the great inconveniences which happen by diversity of Religions, which Tertullian represents very well to his Wife in the Second Book he wrote to her. III. The Office of Elders is to have care of the Flock, with the Pastors; to take care the People come to the Assemblies, and that every one frequent the holy Congregations; to give notice of misdemeanours and scandals; to take cognizance, and judge of them with the Pastors; and in general, to have care with them, of all such like things which concern the Order, Support and Government of the Church; so that in each Church there shall be a form of their office in writing, according to the circumstance of time and place. CONFORMITY. In the Christian Church there has ever been persons appointed to take care of the conduct of those which were Members of it, and to watch over their Flocks, to the end no scandalous actions should be committed therein, nothing that should be unbecoming the profession of the Gospel. Origen at least tells us, that in his time, which was the third Century, it was so practised; for he declares in his answer to Celsus, that there was in the Churches, Lib. 3. pag. 142. of Cambridge Edit. 1658 Persons established to take notice of the life and conversation of those which embraced the Christian Religion; that when they committed any evil actions, to expel them out of the Congregations; and on the contrary to receive with great affection all those which lived orderly and well, to the end to improve and make them better from day to day. Tertullian, before Origen, Apolog. c. 39 had sufficiently intimated this same practice, speaking in his Apologetic of Censures inflicted on sinners in Christian Assemblies, which banished from their Communion those which were convicted of heinous offences; for example, of Idolatry, Murder, and of Fornication; which proceeding shows there was in each Church persons entrusted to keep watch over the life and manners of the People; and these persons were the same which we call Elders, which also is the name St. Austin gives them in the nineteenth Sermon on the words of our Lord, and which at this time is the third in the Appendix of the tenth Tome. In this Sermon, which others attribute to Maximus Bishop of Turin, and which is the 66th. amongst those of St. Ambrose, there is to be seen the Name and the Office of Elders, the same in effect as they are amongst us; for the Author, whoever he be, having observed that Soldiers, and those in any Office, could not bear to be reproved, and to be told of their Duty, he speaks after this manner: When the Elders reprove them for any misdemeanour, and that any of them are asked why they are drunk? wherefore they took away other folks goods? wherefore they committed murder. They presently answered, What would you have me do? being one of the World, and a Soldier? Do I profess to be a Friar, or a Clergyman? iv The office of Deacons is to collect and distribute by direction of the Consistory, the Money belonging to the Poor, to Prisoners, and to sick folks, to visit and have care of them. CONFORMITY. It appears by Chap. 6. of the Acts of the Apostles, that the Office of Deacons is what our Discipline does represent, because they were first of all appointed to serve at Tables; that is to say, to take care of the Poor. Oecumenius in his Commentaries on this Chapter of the Acts, I now mentioned, observes expressly, that they were appointed to distribute to Widows and Orphans, with care, the things necessary for their subsistence: According to which, the Enemies of Cecilian Bishop of Carthage, laid it to his charge as a great crime, That being Deacon, he hindered people from giving meat to the Martyrs, whereas he ought to have carried them some himself. Fascicul. rer. Expet. & fug fol. 32. vers. Coloniae 1535. Cardinal Julian, who presided at the Council of Basle, remonstrates to Pope Eugenius the Fourth, That there are several things he ought to do himself, and others which he may refer to the care of those which are under him, after the example of the Apostles; who to attend the more freely to the Preaching of the Word, instituted seven Deacons, which served Tables, and the administration of things of less weight. It is nevertheless true, Apolog. 2. pag. 99 that in the time of Justin Martyr, it was the Pastor that distributed the Money to the Poor, which was appointed for their Maintenance, which was given by People's Charity. But this Distribution in all likelihood was made by the Ministry of Deacons. Cap. 39 Tertullian indeed in his Apologetic declares, one had care of the Poor, of Orphans, of Old Folks, of those which had lost their Goods by Shipwreck, of those which laboured in Mines, who were banished into Islands, or detained in Prisons for the Gospel sake; but he don't mention by whom it was done. The Church of Rome in the time of Cornelius its Bishop, that is, about the middle of the third Century, Apud Euseb. Hist. lib 6. c. 43. p. 244. maintained above 1500 poor, as well Widows, as others, who were reduced to poverty, or afflicted with sickness or infirmities. The charity of that of Antioch was no less conspicuous than that of the Church of Rome, as we find by some of St. Chrysostom's Homilies on St. Matthew, particularly the 67, and 86th. It is true, we are not certain that the Deacons were charged with the care of these two Churches in the days of Cornelius, and of St. Chrysostom; but we know very well, the Deacons amongst us attend on the things for which they were established by the Apostles; that is, that they should take care of the Poor and Necessitous, according to their Primitive institution. It was on this account that Fabian Bishop of Rome divided amongst seven Deacons in the third Century the fourteen Quarters of the City of Rome; that is to say, to the end they should take care of the Poor which were in each of these Quarters, as is to be seen in the Roman Breviary on the 20th. day of January; and as Binnius observes in the Life of Fabian, Tom. Conc. pag. 114. But what the Deacons did at first, was in time performed by the Ministry of Oeconoms and others, of which the ancient Canons make so frequent mention, in such a way: nevertheless, that the Bishop had the chief power in the distribution, which however was not done without the knowledge of these Deputies, when they had taken the place and office of those first Deacons; and that it is so, I explain what Zozomen says of St. Epiphanius Lib. 7. Chap. 27. Read what shall be said on the second Art. of the 4th. Chap. V The office of Deacons is not to Preach the Word of God, and administer the Sacraments: Nevertheless if necessity require, the Consistory may choose certain Elders and Deacons to Cacechise in Families; as also it is permitted to Elders in absence of the Pastor to read Public Prayers on working-days, being chose by the Consistory for that purpose; and that they follow the usual form, in Reading the Canonical Books of the Old and New Testament. As for the Deacons who are wont to Catechise publicly in some Provinces, the inconveniences which have already, or may hereafter ensue, being heard and considered, the Churches where this custom is not yet introduced, are desired to forbear, and the others where it is, to continue; and to order that the said Deacons, if they are found capable, would enter into the Ministry of the Gospel, as soon as they can possible. CONFORMITY. What I have said of the Office of Deacons, doth highly justify the Prohibition here made them of Preaching the Word of God, and administering the Sacraments, because they were not thereunto appointed; as Oecumenius has observed on Chap. 6. of the Acts of the Apostles; the words whereof we have alleged, in examining the precedent Article. I know very well, that Philip, one of the Seven Deacons established by the Apostles, Preached the Gospel; but I say it was not in quality of a mere Deacon that he Preached, but by virtue of a particular vocation, whereby God made him a Herald of his Grace, and a dispenser of his Mysteries; therefore he is qualified with the Title of Evangelist, in the 21. Chap. ver. 8. of the Acts; Act. 21.8. I do not here mention his Preaching Christ at Samaria after the great Persecution raised against the Church of Jerusalem upon the death of St. Stephen, because he did nothing therein but what the others which were scattered abroad did elsewhere, by virtue of a general vocation which each Believer has right to exercise at certain times, and in certain places. As for Baptising and instructing the Queen of Aethiopia's Eunuch, Ibid. the Sacred History informs us, that Philip had an express command by the Ministry of an Angel to do it. In the Primitive Church a Deacon was not permitted to Preach the Word whilst they were Deacons, they must at the least pass from the Order of Deacon, to that of Priesthood, to be qualified to Preach; I said at the least; for if in the East, Priests were suffered to Preach, it was otherwise in the West, where Bishops only performed that function for several Ages. The first Priest that Preached publicly in Africa, was St. Austin, by the power granted to him by Valerius his Bishop, who was by Birth a Grecian, which was found to be irregular, because 'twas contrary to the use and practice of the Churches of Africa, as is observed by Possidonius in the Life of St. Austin. If amongst us there's found a Deacon that was capable, and had a desire to exercise the Ministry, he was made to pass from one degree to another, and then might Preach the Word, and administer the Sacraments; whereas Deacons were not instituted at first to do the one nor the other. In effect, if their first Institution permitted them not to Preach, neither did it suffer them to administer the Sacraments, for these two commonly go together; so that if prohibiting them Preaching, they were afterwards in process of time suffered to administer the Sacraments; besides that things which were joined together were separated, they passed beyond the bounds of their Vocation. Thence it is that Oecumenius, a Writer of the tenth or eleventh Century, which I already have cited several times, Ubi supra. confesses that the Deacons of his time were quite different from those established by the Apostles, and an Order quite another thing than the first. In the days of Justin Martyr, Apolog. 2. that is to say, in the second Century, the Deacons distributed the Bread and Wine of the Sacrament after being Consecrated by the Pastor; which in all likelihood proceeded from a false Interpretation given of these Tables, for the service of which, Deacons were appointed; for they were not Eucharistical Tables, but common Tables, where distribution was made of things necessary for the Maintenance of Widows, and Orphans, and other poor People, and where perhaps Christians made their Feasts of Charity, which for a time was practised in the Church. Tertullian, something later than Justin Martyr, De Coron. c 3 p. 102. testifies, the Eucharist was received only from the hand of those which presided, that is, of Bishops and Pastors; in all likelihood 'twas at that time the practice of the Churches of Africa, and a custom which was not observed in all places. The third Canon of the Council of Ancyra, in the year 314, suffers Deacons which have done nothing unworthy their degree, to distribute both the Symbols. But in the same year, the Council of Arles prohibits them in the 15th. Tom. 1. Conc. Gall. Ibid. Canon by that term to offer, which he emplies, is taken to administer, according to the Explication which is given it by the 15th. Canon of the second Council of Nice on the same place. The year 462, the great Council of Nice forbids them simply to give the Eucharist to Priests. Can. 18. The 25th. Canon of that of Laodicea seems to forbid them absolutely to distribute the Bread and the Cup; It ought not to be, that Ministers, saith the Council, should distribute the Bread, nor that they should bless the Cup. At that time the term of Ministers implied commonly the name of Deacons; but in the Canons of this Council it denotes a more inferior Order, viz. Subdeacons'. In conclusion, it must be granted, that we have innovated nothing in the Deaconship; and that our Deacons have always kept within the just bounds of their first Institution, which was to serve at Tables, and to take care of Widows, as St. Jerome observes in his 85 Epistle. VI The Elders and Deacons may be present at the Lectures and Propositions of the Word of God made by Ministers, besides the ordinary Preaching: Or by those made by young Students, and even at the censures made there, and give their advice thereon; but the decision of the Doctrine is principally reserved to Ministers and Doctors in Divinity, duly called to their Offices. CONFORMITY. Besides the usual Sermons Ministers Preach in the Churches, they were wont to Preach by turns in the Colloques they held several times a year, and those Exercises were called Propositions, much like to those our young Students in Divinity are wont to make to fit them for Preaching; therefore these kinds of Exercises are subject to the Censures of those before whom they are made; for they were instituted to judge of the Progress which Ministers, as well as Students, did make in their Studies; and because there are Deacons as well as Elders that sometimes are present, either in the Colloques, in the quality of Deputies, or in the Consistory, whereof they are Members, they are permitted to speak their opinion, which ought not to be thought strange after all which has hitherto been said by the Ancients, seeing also the decision of Doctrines is reserved to the Ministers. VII. The Office of Elders and Deacons, as it is at present used amongst us, is not perpetual; nevertheless inasmuch as 'tis prejudicial to change, they shall be exhorted to continue in their office as long as may be; and if they will be discharged, it cannot be without consent of their Churches. CONFORMITY. The settling of Elders and Deacons, depending of the will of the Church, in which originally lies all the Right and Power of Government, and the Church not having thought convenient to make these Employments perpetual, fearing it might not find persons that would accept them for life, she hath yielded to those which accept of them, the liberty to be discharged, provided they do it in due form, and with the leave of the Churches which called them to this Employment. VIII. Neither Deacons nor Elders can expect Superiority or Dominion one over another, whether it be in being nominated to the People, or in taking place, or giving their judgement, or any thing else relating to their office. CONFORMITY. If Ministers cannot pretend precedency one of another, as we have fully showed on Art. 16. of Chap. 1. It would not be reasonable that Elders and Deacons should pretend any Sovereignty over their Companions and Equals. IX. The Elders and Deacons shall be deposed for the same causes as the Ministers of the Word of God, in their degree. It being condemned by the Consistory, if they appeal, they shall remain suspended from their Offices, until things are determined by a Provincial Colloque, or Synod. CONFORMITY. The Deacons and Elders making up with the Ministers one Body, that is to say, one Consistory, and sharing with them the care of conducting the Flocks, it is just they should be punished with the same pains as the Ministers, when they commit the same Offences, whereof we have treated at large on Articles the 47. and 49. of Chap. 1. to which I refer the Reader. X. The restitution of Deacons and Elders which have been deposed, shall not be done but in the same manner as the restoring of deposed Ministers is done. CONFORMITY. This Article is a necessary consequence of the former; for if the Elders and Deacons are deposed for the same reasons as Ministers, it is evident that the restitution ought to be made in the same manner. Read what has been said on the 35. Art. of Chap. 1. CHAP. IU. Of the Deaconry, that is to say, of Administering the Poor's Money, by the Deacons. ARTICLE I. THE Money for the Poor shall not be given out by any but by the Deacons, by the Advice and Order of the Consistory. CONFORMITY. What I have said on the 4th Article of the 3d Chapter, sufficeth for the explaining of this, and to establish the Conformity of our Discipline with that of the Ancient Churches; to which may be added the Order given by Pope Gregory I. to Anthemius his Sub-Deacon, That he should take care of the Poor of those places whither he sent him. II. In the common Distributions, 'tis requisite one or two Ministers should be present, if it may be conveniently, but especially at passing the Accounts. CONFORMITY. Although I might refer the Reader for the Explication of this Article, where I did for the former; nevertheless I will add to what I have said, some Rules which are not incoherent to the Subject we Examine; for Example, the 7th and 8th Canons of the Council of Gangres, assembled in the Year of our Lord 325. as is commonly said, but 'twas later; where 'tis forbid to dispose of the Church-Revenue without the consent of the Bishop, or of him he has appointed to distribute these Alms. The 24th and 25th Canons of the Synod of Antioch, Anno Dom. 341. Tom. 2. Conc. Gall. c. 47. p. 146. Orders the Bishop to make this distribution by advice of the Priests and Deacons. Charlemain's Capitulary, in the year 789. renews the prohibition of the Council of Gangres. III. The People shall have notice of Passing the Accounts, that so every one that please, may be there present, as well to discharge those who disburse the Money, as to make known to every body the Necessities of the Church, and the Poor, thereby the more to encourage people to contribute towards their relief. CONFORMITY. St. Austin practised something of this kind, as our Discipline doth here prescribe; for when the Church-stock failed, he gave notice to the Christian People, that he had not wherewithal to supply the wants of the Poor; which in all likelihood he would not have done, if on the other hand he had not given them an account how he had disposed of their Charity, and of the Money committed to his trust, Aug. Tom. 1. p. 13. and which he consigned over to the management of Persons, as he deemed fit for the purpose, as is related at large by Possidonius, in the 24th Chapter of his Life. iv To prevent the Inconveniences which daily happen by Attestations given to the Poor, every Church shall use their utmost endeavour to maintain their own Poor; and in case any one for his necessary Affairs was forced to Travel, Ministers shall in their Consistories Examine if the Cause be just, and in that case shall give them recommendatory Letters to the next Church in the direct way from the place whither they go; expressing the Name, Age, Stature, Complexion, the Place whither they go, the cause of their Journey, and the Assistance which has been given them; and the date of the Day and Year shall not be omitted: Which Letters the Churches shall keep to whom they were directed, and shall give them others to the next Church. And all Attestations before granted, shall be Void and Null. CONFORMITY. It cannot be denied, but great abuses are committed, and that at all times there has been abuses committed in the Church, upon account of Attestations and Testimonies granted to those of the same Communion which desire to go from one place to another, to the end they might be known to be Members of the same Church, and to be assisted in case of necessity. The Primitive Christians endeavoured to remedy these inconveniencies two ways; The first, By ordering that each Church should maintain their own Poor. The second, In using a great deal of caution in granting these Attestations, which is exactly the two things prescribed by our Discipline. As to the former of these two Means, Can. 85, & 101. Tom. 1. Concil. p. 730. the 4th Council of Carthage, in the Year 398. declares, That the Poor and Ancient people of the Church ought to be more assisted than any others; and that young Widows, who are weak of Body, should be maintained at the charge of the Church to which they belong. In the 2d Council of Tours, assembled An. Dom. 567. the 5th Canon's Title is, That each City shall maintain its Poor, and runs in these terms, That each City doth furnish according to its ability Provisions sufficient to all those of its Inhabitants which are poor and incommoded; and that as well the Curates of Villages, Tom. 1. Conc. Gall. p. 332. as all the Farmers which dwell there, do each nourish their own Poor, to the end they may not stray and wander about to other Towns. In the 3d Council of the same place, assembled in the Year 813. there are several directions in this matter; for the Father's command in the 11.16. 36. Canons, Tom. 2. Conc. Gal. pag. 297, 298, 302. That Bishops shall be permitted to take out of the Church stores, according to the Canonical Rules, in presence of the Priests and Deacons, what shall be necessary to maintain the Family and Poor of the Church; That the Tithes which shall be given to particular Churches, shall be distributed with great care by the Priests, according to the Bishop's Order, for the use of the Church and the Poor. That it be made known to all the World, that every body should endeavour at all times to maintain their Family and the Poor; because 'tis a wicked and impious thing in the sight of God, that those which enjoy great Riches, and that abound with all manner of Wealth, should not help and assist those which are in want and misery. It is to what also amounts the 14th Canon of the 6th Council of Arles in the same year, That each have care of their Poor in time of Famine, Ib. p. 271. or any other necessity, because 'tis written, Blessed are the merciful, for they shall obtain mercy. The Emperor Charlemagne commanded the same thing, in the first Book of his Capitularies, Pag 324. c. 11. Chap. 121, 128, 132. and in another Capitulary he made after certain Synods he assembled in the year 813. and which is in Sirmond's 2d Tome of French Councils. And I make no doubt, but this holy Discipline was Religiously practised in the first Ages of Christianity, when people were full of Charity, when there was no need of compelling them to the exercise of it, by Authority of Canons and Humane Laws. I proceed to the 2d Means which I proposed, and which regards the Attestations and Certificates which should not be granted but with much caution and circumspection, to the end those to whom they are given, should not abuse them in the places whither they go, or by the which they pass; these kinds of Certificates were very frequent in the Primitive Church, where they were called Letters, to which was given several denominations, according to the several Causes under which they were considered; in regard of those which wrote them, they were called ecclesiastics; in regard of the relation which was betwixt those which wrote them, and which received them, they had the name of Communicatory, or Pacisick; moreover, they were called Canonical, by reason of the Order which rendered them necessary and peculiar Letters, because they were writ in certain Terms, and with distinct Marks as they bore, if it may be so said, as had the very tokens of Christian Charity. But besides all these respects, there was that of the persons in whose favour these Letters were written, and then they were termed in general, Letters of Recommendation, of which St. Paul makes mention in the 3d Chap. of the 2d Epistle to the Corinthians: Nevertheless, this general Term has not hindered that in this last regard three sorts has not sometimes been made; in the first place, there were Litterae Dimissoriae, Letters of Licence, by virtue of which, ecclesiastics of one Church, were admitted to do the Functions of their Calling in another, and could even be received into their Clergy, Tom. 5. Concil. p. 327. and be Members of it, provided they were absolutely Dimissoriae, as appears by the 17th Canon of the 6th Ecumenical Council. Secondly, Litterae Commendatiae, Letters of Recommendation, which were given to strange and unknown Clerks, or to Laymen which were separated from the Communion, to the end, to recommend them as Believers, and as being out of the Censures of the Church. The 13th Canon of the Council of Chalcedon speaks of the former, Where it forbids to suffer strange and unknown Clerks to say Service in another Church, without having Letters of Recommendation from their Bishops. And Zonaras, a famous Greek Canonist, makes mention of the latter, on the 11th Canon of the same Council, and on the 12th and 13th Canons of those attributed to the Apostles. Cap. 9 Litt. A. p. 94. The Friar Blastares makes almost the same remark in his Alphabetical Collection of Canons. To conclude, The Council of Chalcedon requires, that Letters Pacifick only, should be given to the Poor. See here the manner it explains itself in the 11th Canon; We appoint that all the Poor, and those which have need of assistance, have in their Journeys, along with them, Ecclesiastical Letters only Pacifick, and not Letters of Recommendation; because Letters of Recommendation should not be given but to those which are some way suspected: Yet I observe this distinction han't always been kept, and that the Council of Antioch, in the 7th Canon, forbids to receive a Stranger without having the Pacifick Letters, which that of Chalcedon accords to the Poor and Indigent. Gregory of Nazianzen expresses himself thereupon in a manner which sufficiently shows they were Letters of Recommendation, as the Interpreter has translated it. In short, in his 3d Oration, which is the 1st against Julian the Apostate, he saith, That amongst many things which that Cowardly Fugitive from the Truth endeavoured to introduce the use and practise of amongst the Gentiles, in imitation of Christians, Tom. 1. p. 102. he desired above all things, To establish the use of those Letters of Recommendation, by the which, saith this Ancient Doctor, we send from one Country to another, those which are poor and in necessity: Zozomen in his Ecclesiastical History, writes the same thing of this Emperor, and saith, That by virtue of these Letters by which Christians recommended the Strangers of their Communion, they were lodged, and care was taken of them where ever they went, and in what Country soever they came, as much as if they had been Friends, and a long while known and acquainted; and that all this was done on account of the Character the Letters gave of them, and which were as 'twere the Mark and Symbol of their Profession; and as I conceive, 'tis what Tertullian calls the Contesseration of Hospitality; that is to say, the mark and sign, at the sight whereof, the right of hospitality was used towards those which showed it; and 'tis probable Lucian had a regard to this Custom, when speaking of a Stranger, Dial. de Pereg. he saith, that in Travelling, he found plentiful assistance amongst the Christians, whereby he was abundantly supplied with all things. There is yet something farther to be considered in this matter, to wit, That Christians were so circumspect in granting these Letters of Recommendation, that they examined those which had them, and obliged them to give an account of their Faith, to avoid all fraud and surprise. Ubi supra. The 58th Canon of the Council of Eliberi, or Eluira in Spain, in the year 305. orders it so; the 33d of the Apostles is no less express, without insisting on the Interpretations of Balsamon, Zonoras', and Aristenus, Greek Canonists, which have understood it in this sense. I can't tell but Lucian does again allude to this practice of Christians, when he said, That they receive certain Dogmas which he mentions, without exactly searching the Truth; but I know very well, that we, on this occasion, do the same as the Primitive Christians did, not only through Custom, but also by Order of our National Synods. That of Charanton, the Establishment whereof is cited in the Article we Examine, That of Charanton, I say, in the year 1623. enjoins; Exactly to Examine, as well the Attestations, as those which have them, to have from their own mouth, testimony of their Religion, and Instruction. As for the Order our Discipline prescribes, to give and renew from Church to Church the Recommendatory Letters, it is the same in substance of that established by the Synod of Sardis, An. Dom. 347. in the 8, 9, 10, and 11. Canons, and particularly in the last, where it appoints Bishops, which are on the way, to Examine these Letters of Recommendation, and to ask of those which have them, the Cause and Reason of their Travelling; or to subscribe their Letters if they are just, and to refuse them Communion, if they have fraudulently got them. CHAP. V Of CONSISTORIES. ARTICLE I. IN each Church there shall be a Consistory, composed of persons which shall have the conduct of it, to wit, of Pastors and Elders; and the Ministers in this company are to preside, as also in all other Ecclesiastical Assemblies. CONFORMITY. From the very first Establishing of Christian Churches, there was in each of them a certain number of Persons to whom the Government of it was committed, and who were distinguished from the rest of the People by the Offices which they Exercised, and by the choice which had been made of them for supervising the whole Flock, and 'tis what we call Consistory; Origen calls it the Ecclesiastical Senate, and makes it parallel with the Politic Senate of each City, to show that the Ecclesiastical Senate very much surpasses the other, being composed of Persons of more virtue and knowledge, than those which are Members of Politic Senates in Cities. The Ecclesiastical Senate, or Consistory, is composed amongst us of Ministers and Elders, and it ought not to be thought strange that we join Elders with the Ministers, after all we have said on the 3d Chapter, particularly on the 1st Article, where we have at large proved, that the Elders have had share for several Centuries in the Government of the Churches, and that they in all likelihood would have still continued, if the ambition of Bishops and their Clergy had not insensibly abolished this laudable practice. The Deacon Hillary, as has been shown, complained of it in his time. But altho' the Elders partake with the Ministers in Governing the Flocks, yet the right of precedency appertains to the Ministers; therefore in these testimonies we have alleged to prove that the Church has had great advantage, in the first Ages, of Lay-Elders, like ours, they are for the most part named after the Clergy. II. As for Deacons, seeing the Churches, for the necessity of the times, hath to this day happily employed them in Governing the Church, as Exercising also the Office of Elders; those which hereafter shall choose such, or continue them, they shall with the Pastors and Elders, bear a part in the Governing the Church; and therefore shall frequently be with them in the Consistory, yea, even at the Colloques, and Synods, if they are thither sent by the Consistories. CONFORMITY. The care of the Poor, making one of the most considerable parts of the Church-Government, it is with great reason we therein admit the Deacons, because they were properly instituted to attend on this thing, as has been above proved at large. III. In places where the Exercise of Religion is not settled, Christians shall be exhorted by the Colloques, to have Elders and Deacons, and to follow the Ecclesiastical Discipline; and at the said Colloques, they shall be informed to what Church to join themselves for their convenience and exercise of their Ministry; from whence also they may not departed without communicating it also to the said Colloques. CONFORMITY. In the places where there is no public exercise of our Religion, although there are a considerable number of Families which profess it, care must be taken they do not live without Discipline; and to this purpose there must be Established amongst them Deacons and Elders, to take care of the Poor, and to watch over the Life and Conversation of private persons, whereof they shall give account at the Church-Consistory to the which they shall be joined for the public Exercises of Piety, and the Service of God; and there's no question to be made, but something of this Nature was done in the Primitive Church; Apolog. p. 98. for instance, in the days of St. Justin Martyr, that they Assembled from the Country and Cities unto one place; which showeth plainly these Assemblies were not made every where, although according to all appearance, there was in all places one and the same Order for the conduct of Christians, to the end they should do nothing unworthy the holiness of their Profession. iv There shall be but one Consistory in each Church, and it shall not be permitted to Establish other Council for any Church-business whatever. If in any Church there shall any other Council be established different from the Consistory, it shall forthwith be suppressed. Nevertheless the Consistory can sometimes call to its aid, such of the Church as shall be thought convenient, when occasion requires, and that Ecclesiastical matters be treated of only in the place where the Consistory doth Assemble. CONFORMITY. There was not anciently in each Christian Church any more than one Ecclesiastical Senate, as we have heard by Origen, and this Senate was not properly any thing else, but what we call Consistory; which is a company of Persons which the Church does invest with her Rights and Power to Govern the Flock. V It is in the Power of the Consistory to admit of Father and Son, or of two Brothers in the same Consistory, unless there was some other reason to the contrary, of which the Colloque, or Provincial Synod shall take cognizance. CONFORMITY. The Church being the Spouse of Jesus Christ, and by consequence, the Mistress of all the Power, and of all the Ecclesiastical Authority which resides in Her as in its Fountain; and in the Consistories, as in Societies, which she establishes for the use and exercise of this Power; She may then have authorised the Ecclesiastical Senate and the Consistory, to admit into its Body the Father and Son, or two Brothers, provided they are agreeable to the Church, which has in general given this Power to the Consistory. VI It is also referred to the discretion of Consistories, to call unto them young Students, although they have no Office in the Church, but not without weighty causes and considerations; and when their Wisdom is known, the said Students shall be there present, not to have any voice in what Affairs shall be debated, but that by their presence there, they may the sooner become fit and proper to Govern the Church when it shall please God lawfully to call them thereunto. Nevertheless it shall be at the Pastor's free choice to demand their Judgement, to make trial of their abilities, which shall be done with great prudence and caution, and promise not to make it known abroad. CONFORMITY. Those whom we call Students, are young Men which study Divinity, and which resolve one day to exercise the Ministry of the Gospel; and because this Office don't consist alone in Preaching the Word, but generally in all things which one ought to do wisely to Govern the Flocks; It is with great reason, that under certain Conditions we suffer them to enter into the Consistories, to the end they may there learn after what way they are to act, when it shall please Almighty God to commit the care of some Church unto them. VII. A Magistrate may be called to the Office of an Elder in the Consistory, provided that the Exercise of the one Office doth not interfere with the other, and may not be prejudicial to the Church. CONFORMITY. What I have said to the 5th Article, may very well be applied to this. VIII. The Government of the Church shall be regulated according to the Discipline, as it hath been ordered by the National Synods; and no Church nor Province shall make any Law but what in substance shall be conformable to the general Articles of the Discipline. To this purpose the Articles of the said Discipline shall be read in the Consistories, at least at the time of celebrating the Lord's Supper; and the Elders and Deacons shall be exhorted to have a Copy thereof each of them, to read and study it at home at leisure. CONFORMITY. In the Ancient Church, It was not permitted to a Province, much less to a particular Church, to make any Constitution which was not conformable to the Canons which were the Discipline of those times; contrary to which, nothing was to be Established, especially after the Canons, which composed this Discipline, had been Authorised by any Ecumenical Council, as the Code of the Canons of the Universal Church was by that of Chalcedon: This also shall be farther cleared by the remarks I will make on the 2d Article of the following Chapter. IX. The cognisance of Scandals, and the censure of them, appertains to the Company of Pastors and Elders; and whole Consistories cannot be impeached, nor above half. However Accusations shall be of force against particular persons of the said Consistories, as well Pastors as Elders, admitted by the said Consistory; and they being adjudged, shall proceed on, notwithstanding Appeal, on admission or rejection of the said accusations. CONFORMITY. What I have writ on the 3d Article of the 3d Chap. serves as a Commentary on this, without being necessary to say any more. X. The Custom which is found to be used in some places, of making inquest, and a general censure of misdemeanours in the public Assembly of the People, and in presence both of Men and Women, being condemned by the Word of God; the Churches are advertised to abstain from it, and to be satisfied with the Order contained in the Discipline, as to what regards Censures. CONFORMITY. See what has been observed on the 51. Article of the 1st Chapter. XI. The Elders may be advertised not to report misdemeanours to the Consistory, without great reasons for it; neither shall any one be called to the Consistory, without good cause or reason. CONFORMITY. The Elders having been Established to watch over the Life and Conversation of those which are Members of the Church, as I have made appear; there's no question to be made, but they should do it with Prudence and Charity. XII. In the Exercise of Ecclesiastical Discipline, one shall forbear as much as possible may be, as well from all formalities, as from the terms commonly used in Courts of Justice. CONFORMITY. The Tribunal of the Church being of a very different Nature from Common-Law-Courts, it is convenient the proceeding should be quite different; and that in the Exercise of Ecclesiastical Discipline, one should avoid, as much as may be, the formalities of the Bar; Read the Discipline of the Primitive Christians; for Example, the Code of Canons of the Universal Church, of which I spoke just now; and I am well assured they shall there find proceed very different from the conduct and stile of what's done in the Common-Law-Courts. I know that the Tribunal of Bishops at this time, have too great correspondence with that of Secular Courts; but I know also, 'twas not so in the beginning, and that the Ancient Christians Governed themselves quite otherwise. XIII. Believers shall be Exhorted by the Consistories, yea, required in the Name of God, to speak truth, for as much as that done't at all derogate from the Magistrates Authority; as also the usual formalities in making Oath, practised before Magistrates, shall not be used. CONFORMITY. This Establishment has nothing in it but what is very agreeable to the use and practise of the Primitive Christians, as I may prove by sundry testimonies; I shall only instance in two, which the Ecumenical Councils of Ephesus and Chalcedon give us, seeing that in one and the other, Conc. Ephes. p. 2. Act. 1. Tom. 2. Con. p. 264, 265 Catch. Acts. Tom. 3. p. 131. They Exhort, and Conjure the Bishops by the Holy Gospels, to speak the truth. If these two Councils have made no difficulty to do so towards Bishops; Wherefore should not the Ecclesiastical Synod, as Origen speaks, have power to do so to particular persons, as occasion shall require? XIV. In differences which shall happen, the Parties shall be Exhorted by the Consistories to be reconciled by all friendly means; but the Consistories shall not appoint Arbitrators, nor shall do the Office of Arbitrators. If any of the said body are called to be Arbitrators, it shall be only as a particular person, and in their own name only. CONFORMITY. This Article is taken from the Doctrine of St. Paul, 1 Cor. 6. which Exhorts Believers to compose their differences and Law-Suits in an amicable manner, and to choose out some amongst their Brethren, to whose Judgements they might refer the Decision of all those things which causes debates and strife amongst them. St. Chrysostom and Theodoret explaining the words of the Apostle, do fully confirm what is ordained by our Discipline. XV. Besides the Admonitions which are made by the Consistories to those as have done amiss; if it so happens that greater Censure and Punishment must be used, it shall be either Suspension, or Deprivation for a time from the Holy Sacrament, or Excommunication and Retrenchment from the Church. And the Consistories shall be advertised to proceed warily, and to distinguish betwixt the one and the other, as also prudently to weigh and examine the faults and scandals which they shall be informed of, together with all circumstances, the better to judge what Censure it shall require. CONFORMITY. There is nothing more frequent nor better Established in the ancient Discipline, than what ours doth here prescribe; so that 'tis not necessary long to insist on a matter, the truth whereof it were easy to prove by a great number of testimonies, were it not to spare the Reader a trouble. The Primitive Christians did just as we do, they informed Sinners of their Duty, they charitably represented to them their faults, they applied to them fit censures, they deprived them of participating of the Divine Mysteries, they caused them to pass by certain degrees of Penance proportioned to the greatness of their faults; and when the crimes were heinous, and the obstinacy stout and resolute, they Excommunicated them, in separating them from the Society of the faithful, as persons who had made themselves unworthy of living within the pale of the Church. Tertullian has in few words comprised all this proceeding which I have now touched, when describing the Assemblies of his times, Apolog. cap. 39 he observes, That therein was made Exhortations, Reprehensions, and Censures; that therein were inflicted punishments; that after having maturely weighed all things, Judgement was given, being persuaded God see them; and it is, saith he, a great resemblance of the last Judgement, if any one for his sins is deprived of the Communion of Prayer, from the Assembly, and from all holy intercourse. Which will also appear yet more clearly, if one considers that Peter Bishop of Alexandria, and Martyr of Jesus Christ under Dioclesian, has expressed the virtue and efficacy of the Communion, Epist. Canon. cap. 8. by communicating in all things; in Prayers, in participating of the body and blood of the Lord, and in the Preaching of the Word. Origen has already spoke of the Ecclesiastical Synod, and of those which had the care to watch over the conduct of Christians, to encourage the one to do well, and to exclude from the holy Assemblies those which lived ill; Chap. 3. Art. 3. upon which it may be noted, there was two sorts of Excommunications amongst the Primitive Christians; the former which was most frequent, consisted in the being debarred from the Sacraments, to which sinners could not approach until after having done Penance for their sins, as it happened to the Emperor Theodosius, as is related by Zozomen Lib. 3. Cap. 25. for so it was, that all public sins were punished; the other was a total exclusion from the Society of Believers, which Tertullian expresses by Omni Ecclesia tecto Submovere. XVI. Suspension from the Holy Sacrament shall be used, the more effectually to humble sinners, and make them the more truly sensible of their offences. This suspension, nor the cause of it, shall not be declared to the people, neither also the restitution of the sinner, unless it were in case they were Heretics, despisers of God, Rebels to the Consistory, Traitors to the Church; as also such as shall be guilty of crimes worthy of corporal punishment, and that bring great scandal on the whole Church: as also those who against remonstrances to them made, do marry to Papists. Fathers and Mothers which do so marry their children, Tutors, Curators, and others which supply the place of father and mother, and do so marry their Pupils; together with those which thither carry them to be Baptised, or do present others to be Baptised; it being necessary that all such persons, although there may be perceived in them some beginning of Repentance, should speedily be deprived for some time from the benefit of the Sacrament; and that the Suspension should be declared to all the People, as well that they may be the more humbled and induced to repentance, as to discharge the Church from all blame and reproach; and also to give terror to others, and make them tremble by this example, to avoid the like Sins. CONFORMITY. There has ever in the Church a distinction been made betwixt secret sins, and those sins which have been public and scandalous; in regard of the former, the Church never exercised any authority; for to the end she might act against sinners, it is necessary that they confess their sins, or that they may be convinced of them: But because it may so happen that the sins of a private person may be known to some of the Governors of the Church, and that he may not have scandalised the public, Orig. Hom. 7. in Jos. pa. 185. l. 1. Aug. Ser. 16. de Verb. Do. c. 7 Tom. 10. in this case he may be censured in the Ecclesiastical Senate, and if his crime deserves it, may declare to him he is not in a state fit for some time to approach to the holy Communion; which is just what is practised by us. But when the sins are public and scandalous, we publicly suspend from the Holy Sacrament those which commit them, and leave them in this state, until such time that having given sufficient marks of sincere Repentance, we receive them into the bosom of the Church, by a public acknowledgement of their offence, which they are obliged to do in presence of all the People. And herein we follow the Example of the Primitive Church, Hom. 7. in Jos. & 21. & 2. in Jud. Tom. 1. & in Mat Trac. 35. To. 2. which only subjected these sort of Sins to the Canons of public Penance; it is the constant Doctrine of Origen, as appears in divers parts of his Writings; where he formally declares, that there's only great Sins, scandalous Sins, which should be publicly punished; and also he will have it done with a spirit of Charity, and according to the Gospel precept, for so 'tis he explains himself in his third Homily on Leviticus. Gregory of Nysse in his Canonical Letter to Letoius, Can. 5, & 6. speaks not otherwise; and though he expresses himself in different terms from Origen, yet he acknowledges that 'tis only public Sins which should pass by the degrees of public Penance, according to the Constitution of the Fathers. St. Austin is no less clear herein than the two others; Hom. 50. he teaches in the Book of fifty Homilies, which is in the tenth Tome; That when the sin is great, and giveth scandal to others, the Sinner ought to do Penance in presence of all the Congregation, especially if the Edification of the Church require it. And in another of these same Homilies, that is in the 27th. he will have to pass by this rude and laborious Penance, Murderers, Tom. 10. Cap. 7. Adulterers, and Sacrilegious persons. And in the sixteenth Sermon on the words of our Lord, he saith, That the sins which are committed publicly must be reproved publicly, and privately those which are committed more secretly. I might add to these Testimonies, what he writes in the Epistles Fifty four, and hundred eight, which are in the second Tome of his Works, and in the 65th Chap. of his Manual to Laurence, the Author of the Questions on the Old and New Testament, Tom. 3. which is in the Appendix of the fourth Tome, which shows he is in this of the same opinion as the true St. Austin is, in explaining the 102. Question. Caesarius Bishop of Arles, Tom. 2. Bibl. Patr. a Writer of the Sixth Century, in the first and eighth of his Homilies, Pope Gregory the First in the 31. Letter of the 12th. Book. Isidore Bishop of Sevil, about the same time, in his second Book of Sentences, Chap. 20. and in the third, Ch. 46. these three have followed the steps of others. It is with regard hereunto that the third Council of Carthage enjoins Bishops in the fourth Century, Can. 31. Tom. 1. Conc pag. 711. to prescribe to Penitents according to the nature of sins, the time of penance. The Jesuit Petau in the 2, 3, and 10th. Chap. of his 6th. Book of Public Penance, acknowledges against Mr. Arnauld, That it was the practice of the ancient Church, where only heinous and scandalous Crimes were publicly reproved; he acknowledges the same thing in his Observations on St. Epiphamus, where he has a dissertation on the ancient manner of Penance, Tom 2. pag. 238. on occasion of the Heresy of the Novatians, which is the 59th. in order. Father Sirmond of the same Society, speaks in the same manner in his Treatise of Public Penance, Chap. 2. & 4. In the main, all I have said, regards the usual Excommunication of the Primitive Church, of which I have treated in the precedent Article, and by the Laws whereof scandalous Sinners were not admitted to the Holy Table, until they had passed through all the Degrees of Penance which was then in use. XVII. If by such suspensions the Sinners were not reclaimed, but continued obstinate and impenitent after long expectation, and that they have been several times admonished and entreated, proceeding shall be made against them, by giving public admonitions to the People three several Sundays, being named, if need be, by the Minister, to make them more ashamed; every body advertised to pray to God for them; and endeavour by all means to bring them home by repentance of their sins, to prevent Retrenchment and Excommunication, to which one cannot proceed without sorrow. But if for all this, they will not repent, but persevere in their obstinacy and impenitence, on the fourth Sunday it shall be publicly said by the Pastor, That 'tis declared to the said scandalous and obstinate persons, in naming them by their Names, That they are not any longer acknowledged as Members of the Church, cutting them off from it in the Name and Authority of our Lord Jesus Christ, and of his Church. And the form of the Excommunication shall be as follows. The Form of the Excommunication. Brethren, see here the fourth time that we declare unto you, that N. for having committed several Crimes, and for having scandalised the Church of God, and for showing himself impenitent and a contemner of all admonitions which have been made unto him by the Word of God, has been suspended from the Holy Supper of the Lord; the which suspension, and causes of it, has been signified to you, to the end you may join your Prayers with ours, that it might please God to soften the hardness of his heart, and give him true Repentance, drawing him from the way of perdition. But having so long time waited for him, prayed and exhorted, and conjured him to be converted to God, and endeavoured all means to bring him to repentance, nevertheless perseveres in his impenitence, and with an incor rigible obstinacy, rebels against God, and tramples under foot his Holy Word, and the Order he has established in his Church; and glorying in his sins, is cause that the Church for so long time, is disturbed, and the Name of God blasphemed. We Ministers of the Gospel of our Lord jesus Christ, whom God has armed with Spiritual weapons, powerful through God to the pulling down of strong holds which hold out in opposition against him, to whom the Eternal Son of God has given power to bind and lose on Earth, declaring that whatsoever we bind on Earth shall be bound in Heaven, to the end to purify the House of God, and free his Church from Scandals, and in pronouncing Anathema against the wicked, should glorify the Name of God. In the Name and Authority of the Lord jesus, by the advice and authority of the Pastors and Elders assembled in Colloque, and of the Consistory of this Church, we have Retrenched and do Retrench the said N. from the Communion of the Church: we Excommunicate and remove him from the Society of the Faithful, that he might be to you as a heathen and unbeliever, and amongst true Christians he may be Anathema, and Execrated, let his Company be esteemed contagious, and let his Example fill your souls with fear, and make you tremble under the mighty hand of God, seeing 'tis a fearful thing to fall into the hands of the living God. Which Sentence of Excommunication the Son of God will ratify, and make it efficacious, until that the sinner ashamed and humbled in the sight of God, gives him glory by his eonversion, and being freed from these chains of Satan, where with he is bound, he bewails his sins with tears of Repentance. Beloved Brethren, pray unto God that he will have pity on this poor sinner, and that this fearful judgement, the which with great sorrow and sadness of heart we pronounce against him in the Name and Authority of the Son of God, may serve to humble and turn into the way of truth, a soul which is strayed from it. Amen. Cursed is every one that doth the work of the Lord negligently. If there be any one that loves not the Lord Jesus Christ, let him be Anathema, Maranatha. Amen. CONFORMITY. Christians were not the first which inflicted the pain of Excommunication on Rebellious and Scandalous Sinners; Pagans and Jews have practised the same thing; I say Pagans; Caesar informs us in his Commentaries, that the Druids in Gaul Excommunicated those which despised their Decrees and their Constitutions; Lib. 6. pag. 134, 135. forbidding them to approach near the Sacrifices, after which they were looked upon as impious and obstinate, every one flying from their company and conversation, fearing to receive some harm by infection; and this punishment, which was the greatest of all those they did inflict, put into such a condition those which were subjected to it, that they were refused the benefit of the Law, although they earnestly desired it; and it also deprived them from all degree of honour. As for the Jews, every body knows Excommunication was in use amongst them; who, as 'tis said, had three sorts; the first and slightest, which they called Niddui, this separated the guilty from those which were not so, but for a little space, and for thirty days only; the second which they called Herem, was attended with anathemas and Maledictions, and it was not permitted to eat nor drink with him that was so Excommunicated; and 'tis probable St. Paul had regard to this kind of Excommunication, when he saith, 1 Cor. 5.2. I writ unto you, that you should not eat with such a one. The third kind of Excommunication was Shammatta, by which was separated for ever from the Communion and Society of the Church, him that was guilty. Seeing then that Jews and Pagans have exercised this power, methinks it would be injustice to refuse it to the Christian Church, seeing also Jesus Christ her Head and Spouse has commanded us in his Gospel to look on him that refuses to hear the Church, as a Pagan and Heathen; that is to say, Matt. 18.17. he will, that he be cast out of the Church; or that he be Excommunicated, which amounts all to one thing. St. Paul has expressed this action by delivering over to Satan, 1 Cor. 5.5. 1 Tim. 1.20. unless one will say that there was something more in St. Paul's Excommunication than in that designed by Jesus Christ in the Gospel. However it be, the Governors of Churches strengthened by the command of the Lord Jesus, and by the Example of his Apostles, have always Exercised this Ecclesiastical power against enormous and scandalous sins. Tertullian and Origen have shown on the fifteenth Article, That it was the practice of their times; which is also verified by the places I have cited out of the same Origen on the precedent Article; and by another of Tertullian's, who writes in his Book of Pudicity, Chap 4. that these sinners should be driven away from the Enclosure of the Church, and the place of the Assembly; and this was the great and true Excommunication whereas the other was only a privation from the Sacraments. To these two Witnesses we may join St. Cyprian, Contemporary with Origen, who very often in his Epistles makes mention of this Censure, Ep. 28.38, 55, 62 of the last Edit. when he speaks, of removing from the Communion, of not Communicating with some one, to banish, and to cast out of the Church, to condemn by the mouth of the Pastor, to kill with the Spiritual Sword. And other Expressions he uses to declare the same thing. The tenth of the Canons attributed to the Apostles, does not suffer us to be ignorant of this ancient Discipline. Seeing he Excommunicates him that prays with an Excommunicated person, in the House only: I'll enlarge no farther, seeing one must make a Volume, if one would collect all the Canons and Testimonies of the Fathers which treat of Excommunication; and more also, should one treat of the History of Interdiction, which Popes, to render their Power more formidable, have sent abroad in these last Ages, contrary to the use and practise of the Primitive Church, to which they were utterly unknown. As for the Order which is to be followed, according to our Discipline, before debarring a sinner from the Communion of the Church, besides that it is grounded on the Laws and Precepts of Charity, it is also conformaable to the practice of the Primitive Christians, Hom. in Jos. Tom. 1. p. 185. who by Origen's report, reproved and warned the guilty three several times before they came to this last Extremity. Thence it is also, the same method was observed when there was any mention of deposing an Ecclesiastical Person, because in sundry occasions the same faults which deserved Deposition of a Churchman, was punished with Excommunication in a Secular, as appears by divers Canons, particularly by the sixth and seventh of the first Ecumenical Council of Ephesus, where we find these words, If they are Bishops, See the Can. 8, & 17. of the Counc. of Calced. or others of the Clergy which are deposed, the Bishops from Episcopacy, the others from the degree they-held in the Clergy, from whence they are quite excluded; but if they are Lay persons, let them be Excommunicated. And we have made appear on the 49th. Artic. of Chap. 1. that a Bishop was cited three times, or any other Ecclesiastical person, before proceeding to his deposing. I don't insist on the form of Excommunication repeated after the Article on which I have made the necessary remarks, because 'tis in the liberty of the Church in such like occasions to make use of what terms it shall judge most fitting, provided that in the main it don't departed from the bounds which the Gospel does prescribe, nor from the Example of the Holy Apostles. Neither do we see that in the Primitive Church they were confined to the use of a form of words when any one was Excommunicated; those which condemned Sinners to that punishment, having been always Masters of the form and manner of Excommunication, which is always the same in substance, what variety soever there may be in the form wherein it is conceived. XVII. For the future, all Sentences of Excommunication confirmed by the Provincial Synod, shall continue firm, as also all Sentences of Suspension from the Lords Supper, given by the Consistory, the which not being published to the People, shall hold good, although the party suspended appealed to the Colloque, or Provincial Synod. CONFORMITY. There's nothing in this Article but what is very conformable to the ancient Discipline, according to which each Church had power to inflict throughout the whole extent of its Ecclesiastical Jurisdiction, the necessary punishments and Censures against all sorts of offences; so that when a Bishop had Excommunicated any one, none but the Synod of the Province could take off the Excommunication; as there was none but the Synod of the whole Diocese which comprehended several Provinces which could reverse the Sentence of a Provincial Synod. Therefore 'tis, that the Sixth Canon of the first Ecumenical Council of Constantinople, the 9 and 17. of that of Chalcedon, suffers to appeal from the Bishop to the Provincial Synod, and from the Provincial to that of the whole Diocese, of which we have a resemblance in our National Synods. XIX. Those which have deserted the profession of the True Religion to embrace Idolatry, if they persist in this Apostasy after means used to return them to the flock, they shall publicly be declared Apostates, to wit, those who lately shall turn to be such, unless the Consistory shall think such a publication to cause some notable damage and prejudice to the Church, in which case nothing shall be done but by advice of the Provincial Synod. As for those which of a long time shall be revolted, the execution of this publication is referred to the discretion of Consistories. CONFORMITY. In the Primitive Church Idolatry and Apostasy were in several places excluded from pardon and absolution, Tom. 1. Conc. p. 232, 236. Tom. 1. Conc. Gall. p. 8. during the two first Centuries of Christianity, as is made appear by the first and 46. Canons of the Council of Eliberi assembled Anno Dom. 305. and by the last of the first Council of Arles in the year 314, but it also appears by these same Canons, that bare Apostasy was not without hope of being pardoned by the Church, but only when it was accompanied with Idolatry, which the ancient Christians looked upon as the blackest of all crimes, Paran. ad Poen. Tom. 3. Bib. Pat. pag. 71. and the most heinous of all sins: But the great Council of Nice removed this difference in the 11th. Canon, and made them all hope to find absolution in a certain time, as well Idolaters, as mere Apostates and Deserters; but this Decree was not so soon observed in all places, as may be gathered from the Writings of St. Pacian Bishop of Barcelona, who writ after the sitting of this Council; and it may also be said, that before the middle of the third Century, bare desert●rs were not received into the bosom of the Church, but they were still left under the labour of Penance, without any hope of Absolution, no not so much as at the hour of Death; it was at least the practice of most of the Western Churches. Tertullian in his Treatise of Pudicity, Cypr. Ep. 52. cum 14, & 31. and St. Cyprian in some of his Epistles, suffers us not to call in question the use of this hard and severe Discipline, no more than the mitigation which was begun to be used in it at that time at Rome, and in Africa. XX. In public offences, that is to say, committed in effect, and known to a great many of the People, the restoring of the sinner shall be made by the public acknowledging his fault, though he had been punished by order of the Magistrate. CONFORMITY. In the Primitive Church the restoring of a Scandalous Sinner was not done but in presence of all the People, by the Imposition of Hands, which was accompanied with Prayer; and the better to understand the nature of this Discipline, it is to be observed, that three sorts of Imposition of Hands was used to Sinners, whose Sins were punished according to the Laws of public Penance; by the former they were admitted to do Penance after having demanded it: Let the Penitents (saith the Council of aged in the year 506. Tom. Conc. Gall. p. 164. Can. 15.) receive the Imposition of Hands, at the time that they desire to do Penance. The second was not practised one time only, as the first, but often, during the whole time of Penance; for as often as the Church assembled to attend the Exercises of Piety and Religion, they were made go out, as well as the Cathechumeny, before the celebrating of Divine Mysteries; but after, the Bishop imposed his Hands, and Prayed on the one and the others separately; so it is we find it by the 19th Canon of the Synod of Laodicea: See 4 Conc. of Carth. Can. 80. Tom. 1. Conc. Toletan. 3. c. 11. Tom. 4. p. 504. An. 589. It is requisite, saith he, after the Homilies, or Sermons, the Bishops make Prayers separately; first on the Catechumeny; and these being gone forth, Prayer must be made on those which are under Penance; and after the Penitents have been under the hands of the Bishop, and that they are withdrawn, the three Prayers of Believers must be made: The last was destined for the public reconciliation of Sinners, after they had accomplished all the time of their Penance, and that they had passed through all its divers degrees: Therefore the 3d Canon of the 1st Council of Orange, in the year 441. calls this Imposition of Hands, Tom. 1. Conc. Gall. p. 71. The imposing of reconciliatory hands, because God was beseeched that he would pardon these Penitent Sinners, and that he would reconcile them to God and his Church. The 78th Canon of the 4th Council of Carthage, calls it simply, The Imposition of Hands, Tom. 1. Concil. p. 730. without which it will not so much as have sick Penitents to be Absolved, in case they recover, although they had received the Sacrament during their Sickness. Pope Leo I. calls it the Door of Reconciliation, in his 41st Epistle to Theodorus. XXI. Seeing Adultery brings a mark of Infamy, especially on Women; the Publishing such Offences is referred to the discretion of Consistories. CONFORMITY. St. Basil, in his Canonical Epistles, has prescribed something of this kind; Ep. 2. Can. 34. Tom. 3. p. 32. Our Fathers, saith he, have forbidden to publish (that is to say, to make known to the People) the Women guilty of Adultery, whether they confessed it by a movement of Piety, or that they were in some sort convinced of it, for fear that being Convicted, we should expose them to danger of Death: But they have appointed that they should be deprived of the Communion, until such time as they should accomplish the time of Penance. XXII Public acknowledgements are not to be made but in person, and the Sinner shall give testimony of his Repentance. CONFORMITY. What we have alleged on the 20th Article, aught to serve as a Commentary on this, seeing it was the Sinner in person which was publicly reconciled to the Church, after having fully satisfied the Laws of Penance. XXIII. The Sinner which has been Suspended from the Lord's Supper by the Consistory, and that the Suspension has not been declared to the People, shall desire of the Consistory to be restored; and showing signs of Repentance, shall there be restored, without making public acknowledgement. CONFORMITY. This Article is also very conformable to the practice of the Primitive Church, which opened not the door of reconciliation in presence of the People, but only to Sinners which were in public Penance, and publicly deprived of the participation of the Sacraments, as evidently appears by what I have hitherto said: As for other Sinners whose faults were not public, they were treated in a gentler sort, and proportionable to the sins they had committed. XXIV. But him whose Suspension had been declared, after his Repentance had been known to the Consistory by good Living, and sufficient Testimonies, he shall publicly be reconciled to the Church, in acknowledging his offence. CONFORMITY. This Article being in substance the same with the 20. the Reader may see what we have observed on that, it being needless to speak to this. XXV. Those who by their obstinacy and hardness in their faults, have been cut off from the Church, shall not slightly be reconciled to the Church; but after a good and long proof of their Repentance, they shall be heard in the Consistory, and if they desire to be received into the bosom of the Church, acknowledging their faults, proclamation shall be made to the People to stir them up to pray and bless God; and sometime after they shall be presented to the whole Church, to confess and detest their faults and past rebellions, demanding Pardon of God and his Church, and so shall be reconciled with Joy and Public Prayers. CONFORMITY. The Ancient Christians were wont to keep Sinners under Penance more or less, according to the nature of the Crimes whereof they were guilty; all the Canons which treat of this matter, confirm it; and one may only read them to find this difference; the time of Penance of some being incomparably longer than of others, because their Sins were more enormous and heinous; and as to be hardened in Sin makes it more criminal; so also they failed not to augment the punishment in prolonging the time of Penance, sometimes even to the hour of Death, even after the time that some mitigation had been made to the first Discipline in regard of some Sins which in several places were excluded from all hope of Pardon in the bosom of the Church, as is made appear by the 16th Canon of the Synod of Ancyra, in the year 314. XXVI. Those which in a Church shall fall into Idolatry, thereupon shall come to live in another Church where the fault is not known, shall confess their fault only in Consistory, on condition that returning to the said Church which they had offended, they also acknowledge their fault publicly in it; however referring to the discretion of the Consistory to do otherwise, if they shall so think expedient for the Edification of the Churches: The same Judgement shall be made of all other Faults which shall require public Confession. CONFORMITY. Amongst the Primitive Christians, when a Sinner had been Excommunicated in a Church, when he had been cut off from its body, or only debarred from the Holy Table, another Church was not permitted to receive him, without the consent of that which had inflicted the punishment; It was by this Principle, that the Clergy of the Church of Rome, the See being vacant after the death of its Bishop Hygin, about the year of our Lord 150. would not receive Martion to the Communion, because he had been Excommunicated by his own Father, who was Bishop, for having debauched a young Woman: We cannot, say they, Apud Epiphan. Petau. Haer. 42. p. 303. do this without the Order of your venerable Father. In Theodoret, Alexander Bishop of Alexandria, complains to Alexander, Bishop of Constantinople, that some Bishops had received to the Communion, some persons which he had Excommunicated. The 5th Canon of the great Council of Nice expressly forbids it; as also several others, which 'tis needless to allege. But when there was no Sentence given against a Sinner, that he had not appeared before the Guides to acknowledge his Sin, or to be convicted of it, and that by consequence he had not been Excommunicated; it is very probable that if he retired into another Church where the Fault was not committed, he there would be treated according to the Rules of Christian Charity, without paying the satisfaction which he owed to that, which he had scandalised in case he returned to it: It is just what is prescribed by our Discipline; whereas there is not, that I know of, any positive Decree in the Ancient Canons, on a matter of the Nature of that which we Examine, although it may be reasonably thought there is, by what was practised in other occasions. XXVII. All offences confessed, and reparation made for them, shall be struck out of the Consistory Books, except those which being joined with Rebellion, have been censured with Suspension from the Lord's Supper, or Excommunication. CONFORMITY. As there were only public Faults, and scandalous Sins, which were to be satisfied for in the presence of the People; there is great likelihood, that in the first Ages, the Ecclesiastical Senate kept not a Register of others of a less quality, and which deserved not to suffer the pain of public Penance; or at least if they were wont to be written, they were carefully expunged, after the Sinners had done what was required of them in presence of the Conductors, and that the necessary Censures had been applied to them; otherwise what the Church has ever carefully distinguished, had been confounded and embroiled. XXVIII. Consistories shall not give Certificates to Magistrates by Act nor otherwise; nor particular Members of Consistories shall discover unto any, the Confessions of Penitents, which voluntarily, or by admonitions given them, shall have confessed their faults unto them, unless it be in Case of Treason. CONFORMITY. There is nothing more judicious than this Rule, which enjoins to keep the secret of Confession made by Sinners of their faults, either to the Bodies of Consistories, or to any particular person whereof they are composed, except the crime of Treason; because in effect, the Seal of Confession should not be regarded, when there is question of the Sacred Persons of Kings, and of the safety of their Estates; there being no subject of what degree or quality soever he be, that in this occasion is not bound in Conscience to disclose the secret which has been revealed to him; otherwise he renders himself guilty in the sight of God, and deserves to be exemplarily punished by the Laws of Men. XXIX. Proceeding shall be made by Ecclesiastical Censures even to Excommunication, against those, which saying they are of the Religion, shall cite Pastor, and Elders, or all the Consistory before the Magistrate, to make them give Testimony against Delinquents which shall have confessed their faults before them. CONFORMITY. The 11th. Canon of the Council of Antioch, Anno Dom. 341. expressly prohibits Bishops and Priests, to address themselves to the Emperor for any business, without the consent and Letters of the Bishops of the Province, especially of the Metropolitan; and the 12th deprives them of the liberty of defending themselves, and leaves them no hope of re-establishment, if after having been Deposed by their Synod, they have recourse to the Emperor, instead of addressing themselves to a greater Synod; for example, to that of the whole Diocese composed of the Bishops of several Provinces. The Ecumenical Council of Constantinople, Assembled in the year of our Lord 381. appoints in the 6th Canon, not to receive the testimony of those, which, despising the Authority of Provincial Synods, and of those of the whole Diocese, have the confidence to implore Justice of the Emperor, or of the Civil Magistrate; because, say the Fathers, they do injury to the Canons, and they overthrow all Ecclesiastical Discipline. XXX. As for Crimes which shall be disclosed to Ministers, by those which demand counsel and consolation, Ministers are enjoined not to reveal them to Magistrates, fearing lest blame should be drawn on the Ministry, and Sinners should be discouraged for the future to come to Repentance, and make Confession of their faults; which shall stand good in all crimes confessed, except it be Treason. CONFORMITY. What I have writ on the 28th Article, sufficeth for explanation of this; which in substance contains the same thing. XXXI. If one or more of the People stir up dissension, to disturb the unity of the Church upon any point of Doctrine, or of Discipline, or of the form of Catechism, the Administration of Sacraments, or of Public Prayers, and the Order of Marriage, and that hereto particular admonitions are not a sufficient Remedy; the Consistory of the place shall endeavour with speed to dissolve and appease the whole matter without noise, and with all mildness of the Word of God: And if the opposers will not acquiesce, the Consistory of the place shall desire the Colloque to assemble in time and place more convenient, having first of all made the said Opposers expressly promise, which shall be registered, That they shall not spread abroad their Opinions in any sort or manner whatever, until the Convocating of the Colloque, under pain of being censured as Schismatics; yet they may have liberty to confer with the Ministers and Elders, if they have not been sufficiently instructed. And in case the gainsaying Brethren refuse to make the said promises, they shall be censured as Rebels, according to the Discipline; and the Colloque being assembled, shall proceed as above. And if the said Opposers have been patiently heard, and refuted by consent, the whole shall be Registered; if not, the Provincial Synod shall be desired to meet, extraordinarily if need require, at the time and place that the said Colloque shall judge most convenient, after the Promise as abovementioned, reiterated by the said Opposers. The Synod assembled, shall first of all consider with good deliberation and consideration, of the Matter, the Places, the Time, and Persons, whether it shall be expedient that the Conference with the said Opposers be made in presence of the People, the Doors shut, or open, and that Audience be given to any of the Parties present that would speak, or not; and that in all Cases, the decision should belong to others, than to those called in the Province; and the whole, according to the Order contained in the Discipline: And that then, if the said gainsayers will not obey, they shall make the same Promise as above, and shall be transmitted over to the National Synod, ordinarily, or if necessity require, extraordinarily assembled; the which shall hear them with all Holy Liberty; and there the entire and final resolution shall be made by the Word of God; to which if they refuse to acquiesce from Point to Point, and with express dislike of their Errors Registered, they shall be cut off from the Church. CONFORMITY. This Article shall be Explained in what I shall observe on that which follows. XXXII. A Pastor or Elder, breaking the Unity of the Church, or stirring up contention about some Point of Doctrine, or of Discipline, which he has subscribed; or of the form of Catechism, or Administering the Sacraments, or public Prayers, or Marriages, refusing to obey what the Colloque has determined, shall then be suspended from his Office, to be farther proceeded against at the Provincial or National Synod. CONFORMITY. A Council of Africa, Ep. 71. p. 121. ult. Edit. in the time of St. Cyprian, Deposed those of the Clergy which, by their Rebellions, disturbed the Concord and Unity of the Church. St. Basil, in his 1st Canon of his 1st Canonical Epistle to Amphilochius, prescribes after what manner one should act, not only against true Schismatics, but likewise against all those which stir up Divisions in the Church, and which also make Conventicles and Assemblies apart; He speaks in the same place of Heretics; and as these are three sorts of Persons, very different one from another; this Doctor doth also adjudge diversity of Punishments. But besides what I have now remarked, we have also several Canons of Ancient Councils which do favour the Order of our Discipline; the 6th of the 1st Universal Council of Constantinople, is against those which endeavour to confound and overthrow the Ecclesiastical Order. The VII. first, of the 1st of Ephesus, which is the 3d Ecumenical, were composed against all such of the Clergy as well as People, which should departed from the Decrees of the Council, and that should adhere to Revolt or Apostatise. The 18th of Chalcedon forbids all sorts of Fraternities and Combinations against the Church; observing, That seeing this Crime is forbid by the Civil Laws, that it ought much more to be defended in the Church: It is for this Cause ought to be cited the 21st Canon of the 3d Council of Orleans, in the year 538. Tom. 1. Conc Gal. p. 254. Ib. p. 480. and the second Decree made by the Synod of Rheims, in the year of our Lord 630. XXXIII. In each Church there shall Memorials be made of all remarkable things in Matters of Religion; and a Minister shall be deputed to each Colloque, to receive and carry them to the Provincial, and from thence to the National Synod. CONFORMITY. Pope Fabian, who finished his Days by a Glorious Martyrdom for the Cause of Jesus Christ, during the Persecution of Decius, about the year of Christ 250. Pope Fabian, Tom. 1. Co●il. p. 113●. I say, Established persons to Collect the Acts of Martyrs, as is to be seen in the Pontifical Book commonly attributed to Damasus; and it may truly be said, this was the principal subject our Discipline aimed at in the Article which we Examine, as appears by this Establishment of the National Synod of Privas, in the year 1612. The Provinces shall be exhorted carefully to recollect the Histories of Pastors, and other Believers, which in these last times have suffered for the Truth of the Son of God; and such Memoirs shall be sent to Geneva to be made public. In the same Pontifical of Damasus, Ubi supra. p. 30. which I but now spoke of, it is observed, That St. Clement, Disciple of the Apostles, had a long time before Fabian, divided the seven quarters of the City of Rome, to seven faithful persons of the Church, that each might exactly inquire in his District, the Acts of Martyrs, in the number of which he was put himself, Ib. p. 110. about the year our Lord 100 Pope Anterus, Predecessor to Fabian, did near-hand the same as was done by Clement: But if that was done in the Church of Rome, it was also practised in divers others. St. Cyprian testifies, it was practised by that of Africa, in his 37th Epistle, where he ordains, That the Day of the Death of Martyrs should be taken account of, to the end to celebrate their Memory. It is in this regard Tertullian speaks, De Coron. c. 13. des Fasts, of the Feasts of the Church; and the Letter of the Church of Smyrna, touching the Martyrdom of St. Pollycarp, gives us also a proof of the thing now in question, and which ought to be looked upon as the Original of what we call Martyrologies, which comprehend not the Martyrs of one Church only, but generally of all, as can be discovered, in which 'tis thought Eusebius first laboured. CHAP. VI Of the Union of Churches. ARTICLE I. NO Church can pretend Precedency nor Domination over another, nor one Province over another. CONFORMITY. Let the Reader see what I have said already on the Sixteen and Eighteen Articles of the first Chap. where he will find this Article Established, and its conformity to the ancient Cannons. II. No Church can transact any matter of great consequence, wherein the Interest or Damage of other Churches may be concerned, without the advice of the Provincial Synod, if it be possible to assemble it, and if the matter be pressing, it shall communicate and have the advice of the other Churches of the Provinces, at least by Letters. CONFORMITY. This Second Article is also very conformable to the Ancient Discipline, according to which, the Affairs of each Province were administered by the Provincial Synods, it is partly the Subject of the Second Cannon of the First Ecumenical Council of Constantinople, That the Synod of the Province administer all things which concern the Province, as it hath been agreed on at Nice. That is to say, in the VI Canon of the Great Council which was held in that City under the Emperor Constantine, and which ordained to preserve to each Province their Privileges: According to which, if there happened dispute about any point of Doctrine or Discipline which regarded Christians in general, it would not be decided, but by a general Universal Council, that is to say, by a Council composed of Bishops of the Five Patriarches, within the compass whereof were enclosed the Christians of the Roman Empire. In Append. T●. 8. Thence it is that the Friar Maximus in Barronius, acknowledged no Legitimate Council, unless it has a Circular Letter made by consent of the Patriarches. John Damacen writes, To. 2. Auct. Court f. p. 696. That aught to be esteemed an Ecumenical Council which the five Patriarches have once appointed, and made Declaration of: But if there wants any one Patriarch, or that he refuses to submit thereunto, it shall not be a Council, but a perverse Congregation, an Assembly of Pride, and Vanity: In Collect. Rom. Part 1. p. 227. It is also for the same reason Pope Pelagius the I. wrote in the VI Century, That if there arises doubt in any one's mind by occasion of a Universal Synod, those which are desirous of their Salvation, must consult the Apostolical See, to know the reason of what they do not understand. In the Preliminaries of the Second Council of Nice, it is observed there were read some Writings of Synods which prohibited the assembling of Universal Councils, or at least of holding them without the consent of all the Patriarches. To. V Con. p. 518. III. The Churches and particular Persons shall be advertised not to separate from the Sacred Union of the Body of the Church for any Persecution as may happen, to procure to themselves any Peace or Liberty apart; those which do otherwise, shall be sensured as the Colloques, and Synods shall think expedient. CONFORMITY. Partialities and Divisions having been ever destructive to the Church, Union and Concord can never be too much recommended to those which are Members of it, and which in this Quality are obliged inviolably to maintain Peace and Uniformity in Religion, as well in regard of Doctrine, as of Worship and Discipline: It is the Reason for which the Ancient Fathers have always abhorred Schism, and have vigorously acted against Schismatics, particularly against the Novatians, and Donatists, which cruelly rend and tore the Unity of the Church. iv The Disputes of Religion with Adversaries shall be ordered in such sort, that ours shall not be Aggressors; and if they are engaged in a verbal Dispute, they shall do it but by the Rule of the Holy Scriptures, not giving too much way to Writings of Ancient Doctors for Judging and Deciding of Doctrines; and shall not enter into Regular Disputes but by Writings mutually given and signed. And as for public Disputes, shall not engage therein but by advice of their Consistory, and a certain number of Pastors, which to this purpose shall be chosen by the Colloques or Provincial Synods. Shall not engage in any general Dispute or Conference without the Advice of all the Churches assembled in a National Synod, on pain of the Ministers which shall therein enter, to be declared Apostates, and Deserters of the Unity of the Church. CONFORMITY. There is found in the Writings of the Holy Father's sundry Disputes which the Catholic and Orthodox Doctors have had against the Enemies of the Truth; We have in the Second Century the famous Dispute of St. Justin Martyr against Tryphon the Jew, who was the Agressor. Eusebius makes mention of another Dispute which happened at Ancyra a City in Gallatia towards the end of the same Century, betwixt a Catholic Doctor, and some of the Sect of Montanus. In the Third Century Malchus a Priest of the Church of Antioch, Disputed earnestly a ainst Paul of Samosatia, Bishop of the Place, and confounded him in a Regular Dispute, the particulars of which was to be seen in the time of Eusebius, they having been collected by Persons nominated to write what should be alleged on both parts. In the same Century was seen another famous Dispute betwixt Archelaus Bishop of Mesopotamia, and the Heretic Manes, in the House of a Person of Quality called Marcellus, in the City of Caschara, in presence of the chief Inhabitants of the place, four of which although Pagans, were chosen Arbitors, and judged the Victory to Archelaus: This Dispute has been printed in Latin some years passed at the end of the Late Mounsieur Valois his Notes on the Ecclesiastical History of Socrates and Zozomen, and St. Epiphanius treats amply of it in the Heresy of the Manicheans, which is the Sixty Sixth. I may instance in several Disputes, principally those of St. Augustine's against sundry Adversaries, but what I have said sufficiently justifies, that the Order of our Discipline don't differ from the Practice of the Ancient Church, although it appoints something more of caution in the manner of Disputing, by reason of the way of our former and present circumstances of living amongst our Enemies in this Kingdom. V The Churches should understand that the Ecclesiastical Assemblies of Colloques, and Synods, as well Provincial as National are the Bands and Supports of Union and Concord, against the Schisms, Heresies, and all other inconvenients, to the end they should use all endeavour, and apply themselves by all means, that the said Ecclesiastical Assemblies may be continued and maintained, and in case some Churches and particular Persons, would not contribute to the Charges needful to be present at the Ecclesiastical Assemblies, such shall be surely sensured, as Deserters of the Holy Communion which should be amongst us. The Minister also which shall not promote what is above contained, shall be grievously sensured by the Provincial Synod. CONFORMITY. There is nothing in all the Ancient Discipline which is more strictly enjoined than the holding of Synods, where the Conductors of Churches were obliged to be, as shall be shown on the Eighth chap. and where by consequence, they were to go at the charge of the Churches which they served; this is collected from the Eighteen Cannon of the Third Council of Toledo assembled in the Year of Our Lord, 589; for it ordains, that instead of assembling in Synods twice a year according to the Order of the Cannons, Tom. 4. Conc. p. 405. they shall assemble but once, by reason of the poverty of the Churches of Spain. CHAP. VII. Of COLLOQUES. ARTICLE I. IN each Province there shall be a Division of Churches, according to the Number of them, and the conveniency of Places, into Classes, or Colloques, the most contiguous. And this Partition shall be made by Authority of the Provincial Synod. And the Neighbour Churches shall so assemble in Colloques, twice a year, or four times a year, if it may be done, according to the Ancient Custom, this being referred to the discretion of Provinces, and there the Ministers shall meet with one Elder of each Church. CONFORMITY. Our Colloques do in a manner agree with the Diocesan Synods of each Bishop, Tom. 1. Conc. Gall. like that of Anacharius Bishop of Auxer, in the year 578; or to the Assemblies of some Neighbouring Bishops, to decide the Differences which happened in the adjacent Parts, it is to what do amount the Cannons 11, 20, 28, 125. Of the African Code of Mr. Justel; However it be, it appears by the 100 Cannon of the same Code, that the Ecclesiastical Elders, and of the Order of Layicks, assisted at these sort of Judgements; Ap●d Cypr. contral p. Steph. pag. 144. I know not but Firmillian Bishop of Cesaria in Cappadocia, had this Custom in his mind when he wrote to St. Cyprian, We do meet every Year, Pastors and Elders, to regulate the things committed to our care. II. Such Assemblies and Colloques shall be held to consider and compose Differences which shall happen in the said Churches, as is appointed by the Discipline; and generally to provide for what shall be known to be Expedient and Necessary for the good and support of the Churches. CONFORMITY. To this Second Article may be applied the Cannons of the African Code which I cited on the first, and also join thereto the Fifth Cannon of the Council of Nice, by which we find that one of the Motives of the Convocation of Ecclesiastical Assemblies, was to appease Differences, and to preserve Unity and Concord; The Twentith of the Synod of Antioch tends to the same end. III. There also Ministers shall Preach the Word of God, every one by his turn, to the end it may be known what care every one takes in exercising himself in the Study of the Holy Scriptures, and in the Method and Form of treating of it. CONFORMITY. Ministers being Established for instructing of their Flocks, it is the Duty of their Superiors to take cognisance of their Conduct, and of the progress they make in the Study of Divinity, and because it may be judged by their Preaching, our Discipline has very well appointed, That Ministers shall Expound the Word of God every one by turns, in the Colloques. iv The Authority of Colloques is inferior to that of Provincial Synods, as those of Consistories are to Colloques. CONFORMITY. It appears by the 21 and 125 Cannons of the African Code, that Appeals might be made from the Judgement of Neighbouring Bishops, whose Assemblies were much the same of Colloques: It appears I say, that Appeals might be made to the Councils of Africa, or to the Primates of their Provinces; And it was by the Establishment of the same Discipline, That Appeal was made from a Provincial Synod, to a greater Synod, such as was the Council of all the Provinces of a Diocese. It is just what is prescribed by the Ancient Cannons, as the XII. of Antioch, the VI of the first General of Constantinople, the IX. and XVII. of that of Chalcedon. V The Colloques and Synods shall deliberate of limiting the Extent of Places wherein each Minister shall Exercise his Ministry. CONFORMITY. This Establishment is also very conformable to the Ancient Discipline of Christians, according to which the Synod took cognisance of the Jurisdiction of Bishops and of its Extent, as also of the places where they were to Exercise their Ministry; from thence proceeds all the Prohibitions made them of undertaking nothing without the bounds prescribed them, as has been shown on the first Chapter. VI At the end of the Colloques amicable and brotherly Censures shall be made, as well by the Pastors as the Elders, which shall be there present, of all things which shall be thought fit to represent to them. CONFORMITY. The Fourth Council of Orleans in the Year 541. made a Rule like this in the 37 Cannon, which requires that Metropolitans should once a year assemble their Synods, to the end that whilst the Brethren are assembled, the needful Censures should be made with Charity, which is also verified by the principal Motive of convocating this Assembly, which was as I just now said, to determine all Differences, and to appease all Quarrels and Contests. CHAP. VIII. Of PROVINCIAL SYNODS. ARTICLE I. IN each Province, the Pastors of each Church shall assemble once a Year, or twice, as they may, which is referred to the Prudence and Discretion of the Synod. CONFORMITY. Christians have ever esteemed Synods so necessary, that they have been very careful to assemble them when the good of the Church required it; for as Eusebius saith in the 51 chap. of the Book of the Life of Constantine, Great Controversies cannot be determined but by Synods: At the beginning, and even during the heat of Persecution, when there arrived any trouble in a particular Church, all the others concerned themselves in it, and the Ministers by a mere movement of Charity, and without any form of Convocation, assembled of themselves, to make Peace, and to compose Differences: And in these Assemblies Humane Passions being banished, and Jesus Christ there presiding by his Holy Spirit, they consulted together, and resolved without Ceremonies and Formalities, what was expedient. It is much after this Method they proceeded against Paul of Samosatia Bishop of Antioch, when he had published his Impiety, Euseb. Hist. lib. 7. c. 27, 28, 29. the Pastors of Churches as Eusebius saith, being run thither from all parts, as against an Enemy, which destroyed the Flock of Christ. And I can't tell if the Synod of Iconia in Phrygia mentioned by Fermillian Bishop of Caesaria in Cappadocia, was not of the same kind of those held against Paul of Samosatia in the same Century; Apud Cypr. contr. Ep. Steph. p. 146. for he saith, they were assembled in that place, from Gallacia, Cilicia, and other adjacent Provinces, to confirm what had already been concluded touching the reiteration of the Baptism of Heretics. But what Bishops did at first by a principle of Charity, they were in time obliged to do also by Duty, the Cannons requiring it of them: In effect the V Cannon of the First Council of Nice, appoints to hold Synods twice a year in each Province. The Twentieth of the Council of Antioch renews the same Decree, and thence it is undoubtedly that him which forged the Cannons of the Apostles, borrowed the 37, which contains the same Establishment. The Nineteenth of Chalcedon having complained that in the Provinces was not celebrated the Synods prescribed by the Cannons, it appoints they be held twice a year, conformable to the Decrees of the Holy Fathers. There's a number of other Cannons which prescribe the same thing, and which I forbear to allege, to observe two things which concern the matter which we examine; the first, that Auitus Bishop of Vienna in Dauphine, which flourished about the end of the V Century, and at the beginning of the VI, endeavoured to restore the Ancient Custom which insensibly was left off, as he doth testify in his 80 Letter. It may be thought that the Synod of Ries in Province had given some slight endeavour to the first practice, Tom conc. Gal. p. 69. Ibid. p. 74. in the year 439, when it confirms it in the Eighth Cannon, but under condition, that times were quiet: That of Orange explains itself fuller in the year 441, Cannon 29, saying, it was difficult to assemble twice a year, by reason of sad and difficult times. The Second thing I mean to observe is, Ibid. p. 173. Ib. p. 268, 284. That the Synod of aged in Languedock made a Decree in the 71 Cannon, by which it reduces these Synodal Assemblies to hold once a year, and it declares in the same Cannon, which is of the year 506, that it does so according to the constitution of the Fathers; having respect it may 〈◊〉 to the Cannons of Orange and Ries, but just now cite▪ The 37 of the 4 of Orleans of the year 541, the 23 an● 〈◊〉 of the year 549 on the same with that of aged. 〈◊〉 ●he 18 of the 3 of Toledo, alleges for a reason in the 〈◊〉 589, the length of the way, and poverty of the Churches. To. 4, Conc. pa. 505, 506. II. Ministers shall bring along with them one or two Elders at the most, chosen by the Consistory, and the said Ministers and Elders shall show their Deputations. If a Minister comes alone, no heed shall be taken of the Certificates he brings along with him, no more than there shall be of those an Elder shall produce if he comes alone without a Pastor; which Rule shall be of force in all Ecclesiastical Assemblies: If they cannot come, they shall make their excuse by Letters, of the which the Brethren there present shall be Judges, and shall send their Memoirs signed by a Pastor, and an Elder. Those who shall fail of being present at Colloques, and at Provincial Synods without lawful Excuse, shall be sensured, and the said Colloques and Provincial Synods, may finally judge their Cause, and dispose of their Persons. CONFORMITY. There are in this Establishment several things to be considered, in the first place, the deputing of our Elders with the Pastors to Synods, which is very agreeable to the practice of the Ancient Church, which admitted the Laity into their Synods after the Example of the Apostles, who in the Synod of Jerusalem make mention of the Church, in distinguishing it not only from themselves, but also from ordinary Persons, which they design by the term of Elders, Acts 15.22. to show, that by the Church they meant the faithful People which assisted at that Holy Assembly, according to which, the Fathers in the Council of Antioch, distinguishes also the Churches of God, A●d. Euseb. l. ●. c. 30. from Bishops, Priests and Deacons, in the Letter wrote to Dennis Bishop of Rome, to Maximus Bishop of Alexandria, and to all the Churches to inform them of the deposing of this Arch Heretic; not that 'tis necessary to think that the entire Churches assisted at this Council which was assembled from sundry Provinces, but they assisted by some of their Body which represented them, that is, by some of the Body of the People. But to say something more to the purpose, I have shown on the First Article of the Third chap. by Authority of Fermillian, and of the African Code, that the Elders, such as ours, were deputed to Synods with the Pastors, against whom they sometimes pleaded the right of the People which deputed them. The Second thing I observe on this Article is, that the Deputies to Synods are obliged to be present there, or to excuse themselves by Letter; And if their Excuse be not sufficient, they are sensured as shall be thought fit in the Colloques, and in the Provincial Synods, which have power to judge definitively of their Excuses, and to dispose of their Persons, which also is according to the practice of the Primitive Christians, the Fortieth Cannon of the Council of Laodicea is conceived in these terms, The Bishops which are called to a Synod must not neglect to go thither, and if any one does neglect, he will condemn himself, unless some Sickness doth hinder him: The 19th of Chalcedon requires that one should reprove in a brotherly way those which fail of coming, although they are in good health, and that they are hindered by any extraordinary business which might not be deferred. In France no other Excuse will be admitted, but that of Sickness, as appears by a great many Cannons, and amongst others by that of the First of Epaume, by the 1 of the 2 of Orleans, by the 80 Letter of Auitus Bishop of Vienna, and by several other Decrees which I forbear to cite. The Council of aged in the 35 Cannon joins to Sickness, some command of the King, next to which, it deprives from the Communion of the Church till the next Synod, those which have failed to be present at the former, and as it deprives them for that time from the Communion of the Church, it also deprives them from the Charity of their Brethren, that is, from the other Bishops, to which the Council of Tarragona in the year 517, reduces in the VI Cannon all the punishment of those Bishops which neglect to be present at the Synods where they have been called by the Metropolitans, and excuses none but them which are hindered by Sickness. The 15 of the 11 of Toledo assembled Anno 575, Excommunicates them for one year, if they are not hindered by some Sickness, or by some inevitable necessity, the 76 of the African Code wills, That they should be content with the Communion of their Church, the V Cannon of the Council of Merrida, of which I will speak on the 10 Article of the IX. chap. excuses those who are hindered by Sickness, or by Order of the Prince. As to what our Discipline saith, That if the Pastor comes alone, no heed shall be taken of the Memorials he shall bring, nor of those the Elder brings if he comes without the Minister, it agrees not ill with what we read in the 100 Cannon of the African Code, where a Bishop complains of his Church, but because the Elders the Church had deputed, to defend its cause against the Bishop, did not appear, the Council referred the Judgement of this Affair to a certain Number of Bishops, whereof some were nominated by the Bishop which was dissatisfied with his Flock, and the rest were left to be named by the Elders, although absent. As for the Memorials whereof mention is made in this Article, more may be seen of it in what I shall say on the Third Article of the Ninth Chapter. III. Those Churches which have several Ministers. shall depute them by turns to Colloques, and Synods. CONFORMITY. This Article is grounded on that, That Ministers may not pretend any Authority one over the other, as I have made appear on the Sixteenth Article of the First Chapter, and having no Power one over another, it is absolutely necessary that to maintain this equality, that when there are several in one and the same Church, they should alternatively be deputed to Synods and Colloques. iv Ministers and Elders Deputed to Colloques, and Provincial Synods, shall come thither at the common charges of their Churches. CONFORMITY. I do not find that in the First Centuries, conductors of Christian Churches did observe much formality when they assembled for the deciding of any difference, all things were done with so much simplicity, Humane Passions being excluded, that every one spoke as he was inspired of God: Read what Eusebius relates of the Two Synods which were held in the Third Century against Paul of Samosatia; Hist. l. 7. cap. 27, 28, 29. and I am certain the marks of the simplicity I have now mentioned, will be found in them; but in process of time Humane Passions being mingled with Charity, 'twas necessary to Establish some Methods in these Assemblies, and choose some one amongst the Bishops, to propose the matter which was to be deliberated, to gather the Voices, and moderate the whole Action, an Honour which was commonly conferred either to promotion, that is to say, to him that was the Eldest Minister, or to Personal Merit, by reason of ones great Learning, and sometimes also for the greatness and eminency of the City whereof one was Bishop. Palmas as the Eldest of the Bishops of Pontus, Ep ad Ep●●. Privine. Viennees Tom. 1. Conc. Gall. p. 85. presided in a Synod which was there held, upon occasion of celebrating Easter, as Eusebius relates in the 23 chap. of the Fifth Book of his History. To this Example may be added what was done by Leo I. in the V Century, in favour of Leoncius Bishop of Frejus in the upper Narbonnes, had not the Passion which he expressed against Hillary, Bishop of Arles, made him violate the Laws of Justice and Equity, in depriving him the right whereof he was justly in possession, of assembling Synods, and which according to the Discipline of those times belonged to his See, to invest Leoncius with it, because he was the Eldest Bishop of the Province; and about the year 397, the First Council of Turin bestowed on Proclus Bishop of Marseilles, the precedence over the Bishops of the Second Narbonnes, P●●d. p. 27, 28. not so much in consideration of the City whereof he was Bishop, as in consideration of his Age and Merit. In fine, the Ecclesiastical Government being wholly framed after the Model of the Civil, and Politic, this right of precedence was joined in the out Provinces, to Metropolitan Bishops, except the Churches of Africa, where this privilege was conferred on Primates, and in that Country was called Primate, which had been first promoted to be Bishop; for 'twas not to Age alone this I rerogative was attributed, but to the time of promotion. Our Discipline which refers this to Election, does nothing differ from what was practised in the Ancient Church before the Establishing of Hierarchy, especially when precedency was conferred on Persons for their Merit, which could not be done but by plurality of Voices, because for the most part, one Judges differently of the Merit of Men; and so 'tis St. Athanasius expresses it in his First Apology, that Hosius was commonly the chief and Precedent of Synods, an Honour conferred on him for his great Merit, and perhaps to for his Age, as it was in the latter regard bestowed on. For the understanding of this Article it is necessary to read what I have said on the Fifth of the Sixth chap. to which may be added, that Synods having been instituted for the good and Edification of the Churches, it is more than reasonable they should be charged with the Expenses needful to assist at those Assemblies, especially seeing the maintenance they allow to their Ministers is so small, that 'tis not sufficient for their subsistence, as it often happens amongst us. V The Churches which shall refuse to allow their Ministers conveniencies for repairing to Colloques and Synods, shall be advertised to do what is fit, and in default thereof, so that Ministers are constrained to go at their own charges, after two or three Admonitions, they shall be deprived of the Ministry, and the Expenses made by the said Ministers, shall be repaid by the Churches to whom they were sent, Liberty being given to have recourse to the Ingrateful Church according to the Judgement which shall be given by the Provincial Synod. CONFORMITY. This Establishment being a continuance of the former, what I have observed on that, may serve for a Commentary on this. VI If there should happen a difference betwixt a Church and the Pastor, and that to compose it, the Church shall have been advertised two several times of the time and place of the Colloque, and Synod, and refuses to attend, the said Colloque, or Synod, notwithstanding absence of one of the Parties, may proceed on to Judgement. CONFORMITY. The Hundred Cannon of the African Code which I cited on the Second Article, does Authorize this Establishment, and justifies the Conformity of our Discipline with the Primitive. VII. In each Synod as well Provincial as National, shall be Elected with a slow Voice, by full consent, one of the Pastors to preside, with one or two to write. His business shall be to govern and moderate the whole Session, to advise of the Places, Days, and Hours, on which the Assembling and Sitting of the Synod shall hold, to propose and offer things that shall be in deliberation, to take, every one's Voice in particular, to declare the major part, and pronounce the Conclusion: Also to take care that every one speaks by Order, and not confusedly; to impose Silence on such as are contentious, and if they will not obey, to make them go out, to consider of their Censure and Correction; to make Remonstrances and Answers to those which desire Counsel, or that send Letters to the Synod. Moreover to preside at the Censures which shall be made at the end of the sitting, the whole according to the advice of all the Assembly, and no otherwise. And he himself also shall be subject to Censure, his Office shall expire at the end of the Synod, and it shall be at the choice of the following Synod, to Elect him or another. The Moderators also of Colloques, shall be governed after the same manner. CONFORMITY. The Great Council of Nice in the Sixth Cannon reserves to each Province its Rights and Privileges, that one might not intermeddle in the Affairs of the other, nor usurp its Power, and Authority: To this Establishment may be applied the Second and Sixth Cannons of the First Ecumenical Council of Constantinople, the VIII. of Ephesus, the 9 and 17 of Chalcedon, the 12 and 15 of Antioch, the 19, 28, and 125 of the African Code, with the Letter of the Council of Africa to Pope Cellestin, in the same Code, in Number 138. St. Cyprian taught almost the same thing about 170 years before, as appears by his 55 Letter. Theodoret speaks the same in his 86 Epistle in the Third Volume of his Works, and 'tis on this practice the Eastern Bishops grounded their complaints in the iv Century against Pope Julius I. in that he had received St. Athanasius into his Communion, and some others whom they had Excommunicated, Read what is related by Zozomen in the VIII. Chapter of the Third Book of his Ecclesiastical History; Socrates II. Book, chap. 15. and Julius his Answer in St. Athanasius his Second Apology, to be persuaded of the truth hereof; for the Letter writ by the Eastern Bishops to Julius is not now Extant; that at present found in the first Volume of the Councils being forged: and contains but a Collection ill put together of what the Authors I but now mentioned have writ. It's true, our Discipline does except some cases of which one may appeal to the National Synod, after Judgement given by Provincial Synods, but 'tis even therein appears its Conformity with the Ancient, provided the time be carefully distinguished; before the Christian World, which was bounded in the Roman Empire, had been divided after the Example of the Empire, into several Ecclesiastical Dioceses, each of which comprehended several Provinces, the whole extent of a Bishop's Jurisdiction, how great soever it was, made but one Ecclesiastical Province; For Example, In St. Cyprians time, all Africa made no more but the Ecclesiastical Province of the Bishop of Carthage: And in the time of the First Council of Nice, Libya, and Pentapolis, made up that of the Bishop of Alexandria, and than 'twas requisite Affairs should be determined in the Provincial Synod without being permitted to appeal to the Synod of any other Province; It is what is deposed by the Sixth Cannon of Nice, which confirms to the Bishop of Alexandria what Custom had given him Possession of, that is to say, the Metropolitical Rights only, although the Patriarchal Rights also may be inferred from the same Cannon, by lawful consequence, when he shall be in a state to exercise them, that is to say, when his Province shall be divided into several Ecclesiastical Provinces, and that he shall have under him several Metropolitans, over which the chief of the Diocese, and the Patriarches had the same power, as Metropolitans had over the Bishop● of their Brovinces. But after this Division into Dioceses, and of Dioceses into several Feclesiastical Provinces, each of which had a Metropolitan, had been made, which the first Universal Council of Constantinople began to Establish, or it may be but to One Muso●●●s in the Council of Rimini, as St. Jerom testifies in his Dialogue against the Luciferians, chap. 7. where he observes this Musonius was of the Byzantine Province, but instead of Byzantine it should be Byzancene, which was a Province of Africa, wherein was the Diocese of this Prelate. As for the care the Precedent or Moderator of the Synod should take, to the end all things should be done in the Assembly regularly and in Order, the XI. Council of Toledo, in the year 675 ordained in the First Cannon, Tom. 4. Conc. p. 820. the same Observations which the Authors of our Discipline here prescribes, not forgetting those which derogate from the Laws. VIII. Elders which are Deputies of Churches, shall have Votes as Ministers, and the Elders of the place where the Synod is assembled may also be present, and propose any thing in their Order; Nevertheless but two of them shall have Vote, to avoid confusion. CONFORMITY. After what I have writ on the First Article of the Third Chapter, there's no difficulty in understanding of this; for the Deacon Hillary hath assured us nothing was done in the Church without the Counsel and Advice of the Elders; and Firmi●lian Bishop of Cappadocia, that the Prelates and Elders assembled once every year to order matters committed to their care, and with common consent to treat of the greatest and most important Affairs. IX. What shall be concluded upon by Provincial Synods for ordering the Churches of their Province, shall be communicated to the National Synod. CONFORMITY. The 95th Cannon of the Code of Africa, has a Constitution much like this, for it Ordains, that private Affairs shall be determined in the Provinces, but as for the common and general, they refer the Knowledge and Decision of it to the General Council of Africa: Now 'tis most certain that what regards all the Churches of a Province, aught to be put in the Rank of General Affairs, the Decision whereof appertains to a National Synod. X. Because several Persons, to the end to decline or delay the censure of their faults, appeal from one Ecclesiastical Assembly to another, even to a National Synod, which by this means is more perplexed in clearing their Case than any other, for the time to come, all differences within the same Province; shall be definitively judged without appeal to the Provincial Synod of the Province, except what shall concern the suspending and deposing as well of Pastors, as of Elders, and Deacons, and the changing of Pastors from one Province to another; also the changing of a Church from one Colloque to another, and also that which concerns Doctrine, the Sacraments, and the whole Discipline; all which cases may gradually move even to the Nationall Synod, to receive the last and definitive Judgement. CONFORMITY. To Authorize what Custom had done in several countries' since the Council of Nice, at least it may seem to be so inferred from the Cannons of the Synod of Antioch in the year 341, Forty years before that of Constantinople. Afterwards I say, it is certain, Appeal was made from Judgement of Provincial Synods to Councils of the whole Diocese, for the greater part of the heads contained in our Discipline, as is verified by most of the Cannons I have but now cited, particularly by those of Constantinople, of Calcedonia, and of the African Code, with the 95th of the same Code, to which may be joined the Third Cannon of the Fourth Council of Toledo, assembled in the year 633. To. 4. Conc. pag. 582. XI. If there should happen a difference betwixt two Provincial Synods, they must pitch on a third to reconcile them. CONFORMITY. This Establishment don't disagree with the 14 Cannon of the Synod of Antioch, which is conceived in these terms, If after Judgement be given against a Bishop accused of certain Crimes, it so falls out that the Bishops of the Province are upon this score in different minds, some declaring him Innocent, and others guilty; the Synod to put an end to their Contests is of Opinion that the Metropolitan shall call other Judges of the next Province to decide the difference; and that he confirms what they shall have concluded upon, with the Bishops of the Province. It's true, this Cannon don't speak of differences which two Provincial Synods might have together: But seeing the Council allows to call Neighbouring Bishops, when those of the Province are at variance about a business, wherefore should it not permit two Provincial Synods to choose a third to judge of their differences, the First and Second Cannon of the Council of Turin in the Year 397, are yet more positive in this matter. XII. The Synods in each Province shall represent the Widows and Children of Ministers which died in the Service of their Church, to be supported and maintained at the common charge of each Province, as necessity shall require. And where the Province shall be Ingrateful, the Deputy thereof shall report it to the National Synod to take care therein. CONFORMITY. This Article is not only grounded on Christian Charity, but also on the acknowledgement which the Churches own to Ministers dead in their Service, whereof they should show the marks to their Families, especially when there is occasion for it. XIII. Deputies of Churches shall not be gone from Synods without leave, and till they carry along with them the Decisions which shall there be made. CONFORMITY. There are two things to be considered in this Article, First, That Deputies are not suffered to departed from the Synod without leave; The Second Council of Arles made this Decree in its 19 Cannon, Anno Dom. 452, If any one thinks he may abandon the Assembly of his Brethren before the dissolution of the Council, Tom. 1. Conc. Gall. p. 105. let him know that he is deprived of the Communion of his Brethren, and that he cannot be thereunto received, until he be first of all absolved in the following Synod: There may be seen in the Fourth Tome of Councils, certain Fragments attributed to a Council of Sevil in Spain, assembled about the time of Pope Gregory the I. in the X. of which is to be found word for word the Decree of the Synod of Arles; which makes me believe, that Burchardus, pag. 521. from whom Garsias has taken this Cannon, was mistaken when he attributed it to the Council of Sevil, and I the rather believe it, when I consider that the compilation of Cannons made by this Writer, are full of this kind of mistakes. The Fourth Council of Toledo assembled in the year 633, does defend also in the Fourth Cannon, to departed from the Council until all things are decided by the major Votes, and Signed by all the Bishops; Tom. 4. Conc. p. 583. The Sixteenth of that of Worms of the year 868, prescribes the same thing. To. 6. Conc. pag. 695. The Second thing our Discipline prescribes those which are Deputies to Synods, is to carry along with them the Decisions which shall be made; I find the same thing practised in the Ancient Church; in Effect, it may be seen by the 29th Cannon of the First Council of Orange in the year 451, that each Bishop carried away with him a Copy of the Acts and Resolutions made in the Assembly, and that the like was sent even to those as were absent, to advertise them of their Duty by the Ministry of the Metropolitan; and in the year 431, the First Ecumenical Council of Ephesus permitted each Metropolitan to take a Copy of the Acts, whereof his Brother Bishops might have Communication by his means. The Eighth Cannon where this power is granted to Metropolitans, saying expressly that it is for their own surety, that is to say, for Conservation of the Rights of their Provinces, and by consequence the Rights of all the Suffragan Bishops. See what shall be said on the Tenth Article of the following Chapter. XIV. The Authority of Provincial Synods, is inferior to that of National Synods. CONFORMITY. There is no difficulty at all in this Constitution, especially after what we have observed on the Tenth Article, where I have proved by the Authority of several Cannons of Constantinople, of Chalcedon, and the African Code, that Appeals were made from Provincial Synods to those of the whole Diocese, to which our National one's at this time do agree. XV. Colloques, and Provincial Synods shall be regulated according to the several Governments, so that one may not pretend to be greater than another; and for the present, this shall be the Distribution of Provincial Synods. 1 The Isle of France, Country of Chartrain, Piccardy, Champagne, and Brie. 2 Normandy, 3 Britain, 4 Orleans, Blesois, Dunois, Nivernois, Berry, Bourbonnois, and La March. 5 Tourain, Anjou, Loudunois, Le Maine, Vandomois, and le Perche. 6 Upper and Lower Poictou. 7 Zantonge, Aunis, City and Government of Rochel, Angoulmois. 8 Lower Guienne, Perrigord, Gascogne, and Limosin. 9 Upper and Lower Vivarez, with the Uclay and Forest. 10 Lower Languedock, viz, Nimes, Usez, Montpelier, to Beziers inclusively. 11 The rest of Languedock, Upper Guienne, Tholouse, Carcassona, Quercy, Rovergue, Armagnack, Upper Auvergne. 12 Bourgundy, Lyonnois, Beaujolois, Bresse, Low Auvergne, Gex. 13 Provence. 14 Dauphine, and the Principality of Orange. 15 The Churches of the Sovereignty of Bearn. 16 The Sevennes and Givaudan. If it so falls cut for the convenience of Churches that one or two should be parted, or to unite several in one, it may be done in the Provincial Synod, whereof notice shall be given to the National Synods. CONFORMITY. Those who please to read the Second Cannon of the First Universal Council of Constantinople, and the Eighth of that of Ephesus, will easily perceive our Discipline agrees exactly with the practice of the Primitive Christians. And as for the dividing one Church into two, or joining several into one, when necessity requires, there is Examples to be seen in Ancient Records; As for joining several into one, Tom. 5. Conc. p. 430. the Eighth Letter of the Second Book of Gregory the Great, gives us an Example, and the Fathers of the Sixteenth Council of Toledo, An. 693, in the V Cannon, Authorises the joining, and dividing, and declares also in what manner it must be done. The Emperor Charles the Bald in his Capitularies, Anno 844, gives power to the Bishops to divide a Church into two, when the Necessity and Edification of the People require it, and if it gives them power to divide Churches, Tom. 2. capit c. 7. p. 23. Edit. Balux. 1677 there's no question to be made but it gives them power also to join several in one, for good and lawful causes. In process of time the Popes have assumed to themselves this power of Joining and Dividing Churches, although in France they are not permitted to exercise it without the consent of our Kings, as the late Mr. de Marca has well observed in the Thirteenth chap. of the Fourth Book of the Liberties of the Gallcian Church, where he treats of these matters. XVI. A Minister deputed by a Provincial Synod to go to a Synod, or Colloque, of another Province for some public Affairs, may have a deliberative Vote, and that not only for the business he is come about, but also during the whole sitting, if his particular Affair be not in agitation. CONFORMITY. I do not think any need question but the same thing was practised in the Primitive Church, Tom. 1. Conc. Gall. p. 27. at least it may be collected from the Synod of Turin assembled Anno Dom. 397, at the request of the Bishops of France; besides that the Synods which are the Masters of these things, may dispose them as they please. CHAP. IX. Of NATIONAL SYNODS. ARTICLE I. NAtional Synods shall be called once a Year, if possible may be, And this Rule shall be observed for the Convocation, that at the end of every National Synod, a Provinte shall be chosen which shall have the charge to assign to the others, the time and place of the next Synod. CONFORMITY. The Third Council of Carthage in the Year of our Lord 397; Tom. 1. Conc. p. 710. Ordains in the Hundreth Cannon, That the General Council of Africa be assembled once a Year, to which all the Provinces that have Primates are to send their Deputies, to the end nothing should be wanting to the Authority of such an Assembly. The Seventh Cannon also makes mention of such a General Council, which was assembled once a Year, And the Eighteenth of the African Code contains in substance the same Decree, And in the Nineteenth there is mention made of the Universal Council which was held every year. Tom. 4. Conc. p. 493. & 56. The Third Council of Toledo which was thought was held in the year of Christ 589, was composed of all the Bishops of Spain and of Gallicia, that is to say, it was a National Synod; And as I conceive, it is to these sorts of Assemblies which the latter part of the Eighteenth Cannon of the same place must be referred, And before that time Pope Leo the First in his Ninety Third Epistle speaks of the Celebration of a General Council in Spain; however it be, Our Discipline which requires National Synods to be assembled from year to year, does nevertheless add this condition to its Ordinance, Cod. Atric. can. 〈◊〉. if it may be done; The Bishops of Africa which were wont, as has been shown, to call yearly a General Synod of the whole Nation, or as they also term it, a Plenary Council, found in time, that it was a thing not to be done without giving too much pains and trouble to the Bishops; therefore they concluded not to assemble it but in case of Necessity; that is to say, when the common Laws of all the Churches of Africa obliged them to do it. The Fourth Council of Toledo, which was National, and which was assembled in the year of our Lord 633, T●m. 4. Conc. p. 582. declares in the Third Cannon, That these National Synods should not be assembled, but when there was Question of matter of Faith, or of some other business wherein all the Churches of the Nation were concerned. The Article we examine demands yet another thing which we must not pass under Silence, to wit, That at the end of each National Synod, some one Province should be appointed to assign to the rest, the time and place of the following Synod, which amounts near hand to what the First Council of Orange Ordained Anno Dom. 441, in the Twenty Ninth Cannon, Tom. 1. Conc. Gall. p. 74. That a Synod should not break up till they had assigned another: The Eighteenth Cannon of the Third Council of Toledo, of which we spoke before, prescribes the same thing, and it may be also the 73 of the African Code, and it appears by the 95th Cannon that the Church of Carthage caused to be convocated the National Synods of Africa as occasion required. II. If there happens any difficulty in a Province, it shall take care to give notice of it to the Province that shall be entrusted with the care of making the Convocation, to the end that this calling the said Assembly, might also give notice of it to the other Provinces, that so by this means, every one may come to the Synod ready prepared to judge the matter. CONFORMITY. It appears by the relation of Eusebius, of the Synods where Paul of Samosatia was deposed, Hist. lib. 7. cap. 27, 30.0. and his Heresy Anathematised, It appears, I say, That the Provinces gave each other Notice of the Affairs which should be debated in some of them, and which could not be determined but in a Council. III. And because it is difficult at this time, and even dangerous to assemble a National Synod in so great a Number of Ministers and Elders, it has been thought fit for the present, and during such difficulties, that the Brethren assembled in each Provincial Synod, choose two Ministers and two Elders, the most Experienced in Church Affairs, to send thither in the Name of the whole Province; and these Deputies shall come with sufficient testimonies, and bring good Memorials signed by the Moderator and Scribe of the Provincial Synod, and that no default might happen, three or four Pastors, and so many Elders shall be nominated, that if the first named are hindered from making the Journey, there might be others to supply their place. CONFORMITY. The Third Council of Carthage assembled Anno Dom. 397, reduces the Deputies to the number of Three in the Second Cannon. The Eighteenth of the Code of Africa, which is in substance all one with that of Carthage but now cited, speaks of Two Deputies, referring it nevertheless to the Liberty of the Provinces to send a greater Number; The 76th of the same Code makes mention in general of those which shall be chosen by the Provincial Synods to assist at the National Synods, 〈◊〉 African. p. 402, 403, 404 but they agree all in one thing, that in each Province should be chosen those which were to meet at the National Synod. As for the Memorials and Instructions the Deputies were to bring along with them, there's frequent mention made of them in the Ancient Discipline under the name of Communitorium, of which mention is made four several times in the Letter of the Council of Africa to Pope Boniface, and often elsewhere. The Council of Merida which I cited on the X Article, prescribes so, in the V Cannon, and calls it Instructions. iv To the Ministers and Elders Deputed to the National Synod, the Provincial Synods shall limit no certain time for their return, but shall permit them to stay at the said Synod, as long as occasion shall require, and the said Deputies shall travel at the common charge of the whole Province. CONFORMITY. The Provincial Synods being inferior to National one's, they cannot limit time to their Deputies at a National Synod, where they are obliged to attend till the end of the Assembly, which is very uniform to the Ancient Discipline, according to which it was not suffered to departed before the Council broke up, as we have proved on the XIII Article of the foregoing Chapter. V At the beginning of National Synods, the Confession of Faith, and the Discipline shall be Read. CONFORMITY. In the Ancient Councils, To. 1. conc. pag. 660. Tom 2. pag. 240. Tom. 3. pag. 337, 338 339. was read and confirmed the Confessions of Faith which was believed in the Church, so it was practised by the Universal Council of Constantinople in regard of the Confession of Faith of the Council of Nice; the same Symbol was read in the first Action of the first Council of Ephesus, and the Council of Chalcedon renews and confirms the Symbols of Nice, and Constantinople, the Copies whereof was produced, and moreover approved all that was established at Ephesus against Nestorius, in the year 431. As for Reading the Canons which contained the Discipline of those times, it may plainly be collected from the first Cannon of the Council of Chalcedon, which appoints to observe all the Cannons which had been formerly made, Tom. 4. conc. pag. 583. and the 4th. of the 4th. of Toledo, Anno Dom. 633. does formally command the reading of them. See what I have writ on the IX. Article of the First Chapter. VI And to the End the National Synod be not amused about Questions decided by Acts of former National one's, the Provincial Synods shall be advertised carefully to read the Acts which the said National one's have passed before they make their memorial, and to send nothing but what may be common and general to all the Churches, or which shall not otherwise merit the resolution of the National Synod. CONFORMITY. The VIII. Council of Toledo assembled Anno Dom. 653, Ibid. pag 756, 757. made a Decree much like this, by which it prohibited to reverse, to contradict, and oppose the execution and accomplishment of what had been established by universal Authority; this Synod confirming for ever as the Fathers speak, the general and universal Constitutions. VII. The National Synod may definitively dicide and resolve all Ecclesiastical matters, the Provinces having been before advertised by that which has the charge of assembling the Synod, as near as may be done. CONFORMITY. This Establishment agrees very well with the Ancient Cannons, for Example, with the VI of Nice, according to the explication given it by the Bishops of Africa in their Letter to Pope Cellestin, with the second and the sixth of the first Council of Constantinople, the eighth of the first of Ephesus, the nine and seventeen of Chalcedon, the twelfth of Antioch, the 19, 28, 95, and 125 of the Code of Africa, those which desire further Light for the understanding this Article, may please to read what I have writ on the Tenth Article of the Eighth Chapter. VIII. Resolutions shall be settled by the Deputies of Provinces, and if there are other Ministers besides the Deputies, they may indeed propose what they think fit, but they shall not have deliberative, nor decisive voice. CONFORMITY. The same Cannon of the Council of Toledo which I alleged on the VI Tom. 4. conc. pag. 756, 757. Article, says expressly, that if in a Synod a small number, by ignorance, or contention, is of a different Opinion from the rest, they being warned before, must yield to the greater Number, or else departed with shame out of the Assembly, and they shall be Excommunicated for the space of one year. Since the 4th. Century, the great Council of Nice had referred the Decision of Affairs to the plurality of Voices, in the 6th. Canon, a Decree which the 19th. Council of Antioch renewed sixteen years after. IX. Those which appeal from Provincial to National Synods, shall be obliged to be there present, or to send full instructions, with lawful excuse of their absence; and in default thereof, the sentence of the Provincial Synod shall be confirmed. The same thing is done in appealing from Consistories to Colloques, and from Colloques to Provincial Synods. CONFORMITY. The VII. Cannon of the 3d. Council of Carthage condemns the Bishop who being accused for something for which he has not been cleared in the Provincial Synod, Tom. 1. pag. 910. an. 397. don't appear at the National One, there to have the complaint preferred against him finally judged. X. The Deputies of Provinces shall not departed without taking along the Resolutions of the Synod, signed by the Precedent, or Secretary; and a Month after their return, shall give advice to the Colloques of their Provinces, to the End they might send for the Acts of the said Synod; and this at the charges of the said Colloques. CONFORMITY. What I have observed on the XIII Article of the 8th. Chapter is sufficient for the explaining of this; I will only add, that all those whereof the Synods were composed, subscribed to the Acts, as appears by the subscriptions of Ancient Cannons; the which is prescribed by the 4th. Tom. 4. conc. pag. 583. 826. Council of Toledo, Anno 633. in the 4th. Cannon; and which is practised by the 11th. of the same place, and declares so much in the 16th. Anno Dom. 675, to which may be added, the 5th. Ib. p. 802. Cannon of that of Merrida in Portugal in the year 666, being it enjoins the same thing. XI. And to the End the Acts of Synods may be preserved, and that future use may be made of them for deciding Questions which may be proposed in National Synods; the said Acts as well of the time past as to come, and all others which concern the Synods, together with the Articles of Discipline, and confession of Faith of the conformed Churches, shall be left to be kept in Custody of the Deputies of the Province which shall be named for convocating the next National Synod, and the said Province shall stand bound to carry them to the Synod. CONFORMITY. We read in the 86 Cannon of the African Code, which is supposed to be of the Council of Mileva in the year 402, we there read a Decree much like Ours; It has been thought fit by all the Bishops which have subscribed to this Council, that the Matricule and the Archives of Numidia, may be preserved in the Church of the first See, and in Constantinople, which is the Metropolitan City. XII. At National Synods, before separating, there shall an amicable censure be made of all the Deputies, as well Ministers, as Elders, of that only which has happened during the Session, and in general, of their Provinces; and the holy Sacrament shall be celebrated, to testify their Union, provided it be jointly with the whole Church, where they shall be assembled, the which to this purpose, shall have timely Notice to prepare themselves. CONFORMITY. The Observations I have made on the VI Article of the seventh Chapter, serve as a Commentary on this. CHAP. X. Of the Holy Exercises of the Assembly of the Faithful. ARTICLE I. THE Irreverence shall be restrained which is seen in several, when they are present at Ecclesiastic or Domestical Prayers, in not uncovering the Head, and Kneeling, which things are contrary to Piety, gives suspicion of Pride, and may scandalise good Men. Therefore Pastors shall be desired, as also Elders, and Masters of Families, to have a regard that during the said Prayers, every body without Exception, or accepting of Persons, do give by this mark of outward behaviour, a testimony of the humility of his heart, and of the Homage he owes to Almighty God, unless some may be hindered to do it by sickness, or otherwise, the Judgement whereof shall be left to his own constancy. CONFORMITY. The Ancient Christians were wont to kneel at Prayers, as Eusebius testifies in his Ecclesiastical History. St. Chrysostom in his 18 Homily on the 2 to the Corinthians, saith, that he bowed to the ground, and Synesius in his 57 Epistle, that he kneeled down at his Prayers, and that in that posture of a Beggar, he desired Death rather than a Bishopric: Nevertheless it must be granted, that about the end of the 2 Century, they began to pray standing, on Sundays, and during the interval of time, betwixt Easter to Whitsuntide, Tertullian assures us so in the third Chapter of the Book of the Crown, and with him the Author of Questions to the Orthodox in the Works of St. Justin Martyr, in the 115 Question; a practice authorised by the great Council of Nice in the 20th. Cannon, on account of those which used otherwise. In the time of St. Jerom, that is to say, in the 4 and 5 Century's, the Decree of Nice was followed, and he also touches the Use of this Custom in his Preface on the Ephesians, where he observes, that from Easter to Whitsuntide, It is a time of Joy and Victory, during which, saith he, we do not bend the knee, and do not prostrate towards the Earth, Tom. 6. pag. 161. but arising with the Lord, we fly up to the highest Heavens: He observes the same thing in his Dialogue against the Luciferians chap. 4. St. Paul nevertheless does the contrary, for we read in the 20 chap. of the Acts ver. 36. that having discoursed with the Pastors of the Church of Ephesus, he kneeled down and prayed with them all, it appears by the 16 verse of the same chapter, that 'twas betwixt Easter and Whitsuntide. St. Luke observes also in the 21 chap. verse the 5th. of the same Book of Acts, that the Apostle departing from Tyre about the same time, being accompanied with the Disciples and Brethren of the place, with their Wives and Children, they kneeled down and prayed: Moreover, this practice of the Ancient Christians which I but now mentioned, shows that it was ever their manner to pray kneeling, which is the most becoming and decent posture to procure the Mercy of God, as the Author of Questions to the Orthodox does declare; because indeed the Creature can never too much humble himself before the Sovereign Majesty of his Maker, in whose presence he must prostrate himself and confess his vileness and nothingness, saying to him with Abraham, I am but dust and ashes. And as they prayed kneeling in the primitive Church, there's no doubt to be made but they also prayed bareheaded; such doubtless were those Common Prayers and Supplications which were made in their Assemblies, as Justin Martyr and Tertullian do testify in their Apologies. As for singing of Psalms, it is what has ever been practised in Christian Assemblies. St. Paul recommends it to the Colossians in these terms, Col. 3.16. See Eph. 5.19. Let the word of Christ dwell in you richly in all wisdom, teaching and admonishing one another in Psalms, and Hymns, and spiritual Songs, singing with grace in your hearts to the Lord. Pliny the 2d. in his Relation to the Emperor Trajan of the Christians in Asia, and of their Assemblies before day light for fear of Persecution, he observes amongst other things, Lib. 10. Ep. 97. that they sang Hymns to Jesus Christ as to a God. Tertullian makes mention of this Letter of Pliny to Trajan in the 2 chap. of his Apology, and in the 39 he speaks of these spiritual Songs which Christians sang to God in his time; especially the Psalms of David have ever been highly esteemed in the Church, which has found the singing of them so comfortable and saving, that it has ever been practised without Interruption. The 17 Cannon of the Synod of Laodicea prescribes the manner of singing them in the Assembly. It would be endless to relate all the Fathers have said in commendation of these Divine Hymns, the praise whereof they have endeavoured to strive who should most exalt them, especially St. Basil, St. Ambrose, St. Chrysostom, Theodoret, and several others, therefore I'll content myself in producing what is said by the Author of the Christian Topography, That the Psalms of David are sung in all Churches throughout the World, and that they are almost in every body's mouth, as well great as small, and that in each Church they are sung, Ap●d Alla●●um de lib. Graee. pag. 61. and they are oftener read than the Writings of the Prophets, or any other sacred Monuments. II. The Congregations of Believers being also appointed to sing the praises of God, and to comfort and fortify themselves by the use of Psalms, All shall be advertised to carry their Psalm Books to Church, and those who by disdain shall neglect to have them, shall be sensured, as also those which shall not be uncovered in the time of singing, as well before as after Sermon, and also during the time of celebrating the Sacraments. CONFORMITY. Seeing Prayer and singing Psalms are things Essential to Piety, our Discipline doth justly prescribe the Manner and Means to do it as becometh, and to declare those worthy of censure which shall transgress their Ordinance. It requires the same thing in the time of celebrating the Sacraments, and in desiring it, it nothing differs from the practice of the Ancient Church, which had so great Respect for Baptism and the Lords Supper, that it suffered not the Catechumeny, Energumeny, or Penitents, to be present at celebration of one or the other, calling them both Terrible Mysteries. III. In times of great Persecution, or of Plague, War, Famine, or other great affliction. Also when Election is to be made of Ministers of the Word of God, and at the time of entering into the Synod, one may if necessity require, one or more days, have public Prayers, with fasting, yet without scruple, or superstition, all done with great caution, and consideration. And the Churches shall be advertised to conform one with another in celebrating a Fast, as near as they can, according to convenience of time and place. CONFORMITY. Tertullian being turned Montanist, and by consequence an Enemy of Catholics and the Orthodox, cap. 2. p. 545. whom he treats injuriously and after an unchristian manner: Tertullian, I say, reproaches them in his Book of Abstinence, which he wrote expressly against them, he reproaches them that they fasted voluntarily according to the subject and occasion they had for it, and in the same Book he saith, that the Bishops were wont to appoint the People to fast when the Church had need to humble itself in the sight of God, Ibid cap. 13. p. 551 Extr. and that it is in fear of some evil that threatens it; this was the manner of the Ancient Christians in celebrating of Fasts; an order which we exactly follow, and which is grounded in that Jesus Christ nor his Apostles, have not prescribed in any place of the New Testament on what days one should or should not fast, as St. Austin has observed in his 86 Epistle to Casulanus. iv Those Churches which have been accustomed to make public Prayers on certain days, may keep the order they have for a long time happily used, and others may conform thereunto according to the means which God shall please hereafter to give them, and as their Edification shall require. CONFORMITY. This Article has no other Scope but to establish an entire Conformity in the Churches, as to what regards the Exercises of Piety and Religion, can. 27. Tom. 1. conc. Gal. p. 199. near hand as when the Council of Epaume in the year 517. ordained, that in the out Provinces for celebration of Divine Offices, the same Order should be observed as is by the Metropolitan; the same thing was concluded the same year in Spain in the 1 Council of the Synod of Gironda, can. 55. To. 3. conc. pag. 806, and Anno 633 in the 2 Cannon of the 4 of Toledo, To. 4. conc. pag. 582. and in the year 465 a Council of Vannes had appointed that throughout the whole Province, the same Order and Rule for Divine Offices, and for singing of Psalms, should be observed. V There shall no Prayer, or Sermon, nor public Alms be given at Burials, to shun Superstitions, and those which accompany the Corpse shall be exhorted to behave themselves with modesty during the time, meditating according to the object before their Eyes, as well the miseries and shortness of this life, as the happiness of the life to come. CONFORMITY. All pretence towards superstition whereunto Men are too apt to incline, is in this Article endeavoured to be avoided. VI Because Mourning done't consist in Apparel, but in the Heart; Believers shall be warned to demean them therein, with all Modesty, rejecting all Ambition, Hypocrisy, Vanity and Superstition. CONFORMITY. This last Article prescribes Modesty, and excludes Hycoprisie and Ambition, which were generously opposed by the Primitive Christians. CHAP. XI. Of BAPTISM. ARTICLE I. BAptism administered by one that has no Vocation, is absolutely Void. CONFORMITY. The Author of Apostolical Constitutions contents not himself to forbid Women to Baptism, he also prohibits all Lay Persons, because they are not called to it; in effect, having employed the Ninth Chapter of the Third Book to show that Women should not Baptism, he thus gins the Tenth. Neither do we suffer a Lay Person to Exercise any Priestly Function, as to offer Sacrifice, that is to say to celebrate the Sacrament, or to Baptism, or impose hands, or to give the Benediction, whether more or less, for none takes to him this honour, but he enjoys it, which is called of God. St. Basil was of no other Mind, as the Jesuit Petau confesses in his Notes upon St. Epiphanius, where he says, St. Basil seems to have believed that Baptism conferred by Lay persons was Null; and to speak the Truth, this Holy Doctor speaking of the Opinion of St. Cyprian, of Firmilian, Pag. 351. and others, which taught that all those aught to be Re-baptised which had been Baptised by Heretics, he saith, Epist. ad Ampluit. can. 1. To. 3. p. 21. That they had appointed they should be purified anew by the true Baptism of the Church, no more nor less than if they had been Baptised by Lay Persons: St. Basil would not have spoke after this Manner had he not been persuaded that Baptism administered by Lay Men, is not true Baptism. As for Baptism administered by a Woman, cap. 17. p. 231. Tertullian had before condemned it in his time, in his Treatise of Baptism, and had shown that they were not permitted to teach, nor to Baptism. St. Epiphanius in the Heresy of the Collyridians', which is the 79, in order, enlarges much in proving the same thing, to stop the rashness of Women, who would undertake to Baptism, pag. 1059 1060. observing also that the Holy Virgin had not this power, for if she had it, Jesus Christ might have been Baptised by her rather than by John Baptist. The fourth Council of Carthage made this Decree, Anno 398, That a Woman should not presume to Baptism. It is not then to be wondered that St. Epiphanius in the forty two Heresy, observes as a thing , Tom. 1. conc. can. 〈…〉. That the Arch-Heretick Martion permitted Women to Baptism. II. A Doctor in the Church cannot Preach, nor administer the Sacraments, unless he be both Doctor and Minister. CONFORMITY. This Article is but a continuance of the former, for seeing a Doctor in quality of a mere Doctor, hath no vocation to Preach the Word, nor to administer the Sacraments; it is unquestionable, the Baptism which he shall confer, shall be no other than that which shall be administered by a Mere Lay Man, to do it Lawfully, he must not only be a Doctor, but also a Minister. III. A Jew, or Pagan, of what Age soever he be, ought not to be Baptised before being well Instructed in the Christian Religion, and that it appears they are so by their Confession. CONFORMITY. There's nothing in this Establishment but what was practised in the Ancient Church; St. Justin Martyr testifies in his second or rather his first Apology, that the Christians of those times, would not Baptism those who would turn to their Communion, until after they had believed, and were throughly persuaded of the Truth of their Doctrine; and moreover promised to live conformable to the holiness of their Laws, and profession. Pope Victor the 1, ordained towards the end of the second Century, as the Pontifical Book saith in his Life; that in case of Necessity, one may Baptism all those that turn from Paganism to Christianity, either in a River, or in the Sea, or in a Fountain, or in a Lake, upon condition nevertheless, that in the first place they should give an Account of the Christian Faith, and make an open Confession of it. The Ten Books of Recognitions falsely attributed to St Clement Disciple of the Apostles, are very ancient, but forged; and writ before Origen who lived in the third Century, in the VI of these Books at the end, we read St. Peter Baptised near the Sea, Those which had fully received the Faith of our Lord and Saviour; that is to say, those which believed in him, and which had been Instructed in the knowledge of his Gospel. St. Jerom expounding these words of our Saviour to his Apostles, Math. 28.19. Go teach all Nations, baptising them in the name of the Father, of the Son, and of the Holy Ghost, St. Jerom observes, In cap. 28. Mat. Tom. 6. pag. 66. the Apostles taught them first, and that after having instructed them, they baptised them with Water, for saith he, It cannot be that the Body should receive the Sacrament of Baptism, unless the Soul has first received the truth of Faith: Tom. 5. Spirit. pag. 203. which the forty six Cannon of Laodicea also prescribes. St. Owen writes in the VIII Chap. of the 2d. Book of the Life of St. Eloy Bishop of Noyon, That he baptised every year at Easter, those which in the compass of the year he could Convert, that is to say, those he could turn from the darkness of Paganism to the Light of the Gospel. Paulinus Archbishop of York did the like in the same Century, that is in the 7th. as is related by Beda in his Ecclesiastical History of England. Theodulph Bishop of Orleans follows the same method in his 1 chap. of his Treatise of Baptism. Epist. 104, 105. Alevin who approved not the Saxons should be constrained to be baptised by force, alleged for a Reason, that they ought first of all to be Instructed. But to descend to the last Century, Cardinal Borrome in the Fifth Council of M●llan, of which place he was Arch Bishop, An 1579 Tom. 9 Conc. pag. 6.6. requires two things of Adults which are to be baptised; First, that they know the Rudiments of the Christian Religion: Secondly, That they repent of their Sins past: I will add to all I have hitherto observed, the practice of the Primitive Church, which instructed the Catecumeny, a long while before they Honoured them with Holy Baptism, There is in our Discipline, at the end of the Chapter we examine, a Form of Baptism of those which shall be converted to the Christian Faith, And in the Thirteenth Century Nicetas Choniates composed one for Mahometans, which desired to embrace Christianity. Tom. 12. Bibl. Pat. p. 527. cum 531, 532. The VI Council of Paris Authorises the Decree which it makes in the Year 829. Cannon the Sixth Book the First, by the Practice of the Primitive Church, To. 2. Conc. Gall. pag. 846. iv The Children of Fathers and Mothers of the Romish Church, and of Excommunicate Persons, cannot be admittisme in the Reformed Churches, though they were presented by believing Godfathers, unless their Father and Mother consent to it, and desire it, and resign their Authority, in quitting and yielding up to the Godfathers, their right, as to Instructing them, with promises their Children shall be Educated in the true Religion. CONFORMITY. This Article is grounded on that Children depend of their Father and Mother, without whose consent they cannot be disposed of, nor christened against their Will, into a Communion whereof they are not Members; otherwise it were a Forcing People to be Baptised, which the Church has ever condemned. Hist. lib. 6. cap. 17 King Chilperick, as is related by Gregory of Tovers, commanded to Baptism the Jews, that is to say, he constrained several to be Baptised, which Pope Gregory the First did not approve, as appears by the Letter he wrote to Virgilius, and Theodorus, the former being Bishop of Arles, the other of Marsellia, and is the Forty Fifth of the First Book. So also when King Sisibute had done in Spain, after the same manner as Chilperick had done in France, Tom. 4. Conc. pag. 593. the Fourth Council of Toledo in the year 633, changed their violent practice in its 56 Cannon, the Decree is contained in these terms,; As for Jews, the Synod has Ordained that henceforwards no body shall be forced to believe, for God has compassion on whom he will, and harden whom he pleases, and such should not be saved by force, but voluntarily, to the end to preserve entirely the way of Justice; for as Man was ruined by voluntarily obeying the Serpent, he is also saved by believing, and converting to God, when he calls him by his Grace; let persuasion there be used, and not violence, to incline them to be converted truly and without any constraint; Ib. p. 603; And 'tis to be observed that the Ordinance of this Prince, comprehended Children, Hist. Gothor. in si se buto. and Domestics; therefore St. Isidore Bishop of Sevil, wrote of him, having regard to this Edict, That he had a Zeal for God but not according to Knowledge; And we have already seen on the precedent Article, that Alcuin Tutor to Charlemagne, did by no ways approve the force was put on the Saxons in those times, Read his Letters in 104, and 105, and you'll see the truth hereof, insomuch as he deplored at the beginning of the former, the misfortune of that People; which as he saith, often lost the Sacrament of Baptism, because they never had in their hearts the Sacrament of Faith; Thence it is, he teacheth in both of them, that one must begin by Instruction, that Faith is a thing voluntary and not forced, that a Man cannot be forced to believe that which he does not believe. But that it may not be thought, the Subject I examine is of little importance, and that it might be put amongst things indifferent, to be done or left undone at pleasure, it must be shown there is nothing more contrary to the tenor of the Gospel than to constrain Men to embrace the profession of it; Jesus Christ the Author of this Heavenly Doctrine, and the Sovereign Doctor of this Truth never employed force nor violence to have it received, he was content in Exhortations and Instructions which he accompanied with a hidden and secret virtue in regard of those he intended to call to his Communion, and which he drew with efficacy, but also at the same time, with Sweetness, with Cords of Love and Bands of Humanity and Charity. The Apostles exactly followed his Example, Exhorting Men to repent and believe the Gospel, and praying them in the Name of Jesus Christ to be reconciled to God. The Christians which succeeded the Apostles did just after the same manner. cap. 24.28. Tertullian in his Appollogetick declares positively that the Liberty of Religion cannot be taken away, nor deny Men the choice of the Divinity which they adore, without rendering themselves guilty of the crime of Impiety and Irreligion, because, he pretends, the Service of God ought to have a willing mind for its first principle. And in his Book to Scapula he saith, That 'tis no Act of Religion to force the Religion which one should embrace of free will, and not by constraint. Lactantius in the 20th chap. of the Fifth Book of his Divine Institutions, saith, There is nothing so voluntary as Religion, which ceases to be, p. 82. G. Par. 1544 at the very moment one has any aversion or hatred to it. St. Hilary of Poitiers in his First Book to the Emperor Constantius, Pag. 82. G Paris. 1544. writes, That God has taught the Knowledge Men have of him, before he required it, Authorising his Commandments by his Miracles, not desiring a forced Obedience, nor an unwilling Confession; And in his Book against Auxentius, Ib. p. 84. he reproaches the Arrians to have employed Prisons and banishment to constrain Men to be of their side, and to enter into their Communion. St. Athanasius was of the same Opinion, as he shows in several parts of his Works, particularly in his Epistle to the Solitaries, Tom. 1. p 855. where he saith, That the Nature of Piety and Religion is not to constrain, but to persuade, after the Example of our Saviour who forced no body, but left it at every body's choice to follow him, saying to all the World, If any one will come after me, and to his Disciples, and you, will not you also go? After which he extremely blames the Conduct of the Emperor Constantius, who at the desire of the Arrians, tormented the Catholics, and used great violence to make them declare in his favour, violence which he exaggerates with comparisons too strong, the which I forbear to write. I might allege other Testimonies of the Fathers, but I would not be too tedious. Therefore it shall suffice to observe, pag. 388. that there is mention in Mr. Justels African Code of a Law that was published, by the which it was left to every bodies free choice, to embrace the Christian Religion. The Emperor Jovian which succeeded Julian the Apostate, Hist. lib. 3. cap. 25. 〈◊〉. is praised in Socrates, in that he had suffered every body to make profession of what Religion he pleased, Ammianus Marcellinus has not failed to praise for the same thing, the Great Valentinian who succeeded Jovian in the Empire, Lib. 9 tit. 16. de Males. & Ma●●em. in his Thirtieth Book, which the Prince testifies of himself in the Theodocian Code, where he declares, that as soon as he began to Reign, he made Laws, whereby every body had liberty to profess the Religion wherein he had been instructed and trained up; I can't tell if I should mention Constantine Pagonat, or the hairy, who in the Letter he writ to the Bishop of Rome, on occasion of the Sixth Universal Council he assembled at Constantinople, Tom. 5. Conc. pag. 11. he speaks to him in this manner, We may excite and exhort all the World to amend, and to join with the Christians, but we will not constrain any body: But I know I ought not, and examining this matter without speaking of the Emperor Mar●i●n, by whose Authority the Council of Chalcedon was assembled in the Year of our Lord 451, for in the Letter he writes to the Archimandrites, and to the Friars of Jerusalem, and the parts thereabouts, he saith, speaking of this Council, That no body was constrained by his Order to subscribe and consent to it, and see here the reason he gives; For saith he, Tom. 3. Gonc. p. 488. we will not force or hale any body into the way of truth by threats nor violence: Words becoming that wise Prince; and which deserves to be graven in the mind of all Sovereigns: And it is to be wished for the Honour of Charlemagne, Collect. part 2. pag. 179. cap. 7. that he had so acted in regard of the Saxons, and not to have threatened with Death those amongst them as refused to be baptised. V The Children of those also which are called Saracens may be received to Baptism in the Reformed Churches, on the conditions abovementioned, provided also they may be void of all presumption on account of any former Baptism received, and after serious remonstrances made to Godfathers, to consult how they may best discharge the promise and obligation they make to the Church, and moreover that Godfathers and Godmothers charge themselves with the maintenance and instruction of the Child. CONFORMITY. This Article being much like the former, it needs no other explication than that I have made on the Fourth, where I have observed several things. VI Baptism shall not be administered but in Church Assemblies, where there is a Church publicly settled, and where there is not a public Church, and the Fathers and Mothers by reason of sickness fear to have their Children christened at Church, the Ministers shall prudently advise what to do in the matter; however that there be the form of a Church, together with Exhortations and Prayers; But if there be no Church, and that an Assembly is not to be had, the Minister shall make no scruple to baptise the Infant of a Believer presented to him, with Prayer and Exhortation. CONFORMITY. The Fifty Ninth Cannon of the VI Ecumenical Council in the year 692, forbids administering Baptism in Oratories, in private Houses, it requires it should be performed in the Catholic Churches, Tom. 5. Conc. pag. 339. threatening to depose the Churchmen which obey not this Decree, and to Excommunicate the Laity which shall violate it. Nevertheless the same Council permits to do it by advice of the Bishop of the place, Cannon Thirty First, although the Fifty Eighth of that of Laodicea had absolutely prohibited to Bishops and Priests in the Fourth Century, to celebrate the Eucharist in private Houses. But the difficulty is to know what the Council means by the Catholic Churches, Tom 5. Conc. p. 517. when it forbids christening any where else, an Expression which I also find in the Preliminaries of the Second Council of Nice, where it is said, the Bishops went ad Luteram of the Holy Catholic Church: The term Luter which comes from the Greek 〈◊〉 signifies a Basin, or Vessel to wash the feet, and I can't tell if in the words I examine, it may not be put for the Baptismal Fountain. After all, I am inclined to think that by the Catholic Churches here spoke of, is to be understood the Churches appointed for all the People in general, and where there was public Fonts, according to which there is mention in the Capitularies of our Kings, Tom. 2. Conc. Gal. p. 152. Ibid. pag. 30. of Baptismal Churches, so called, because there was a Public Font or Christening Place, as appears by the Seventh Cannon of the Synod which Pepin the Father of Charlemagne caused to be held apud vernum, Anno Dom. 750, There must not be a public Font in any Parish, but there where the Bishop whose the Parish is, doth appoint. Tom. 16. Bibl. Pal. pag. 674. Flodoard in his Second Book of his History of the Church of Reims, chap. 19 calls these Churches, Baptismal Titles, which distinguished them from others which had not Fonts. And it is very probable that there was in each City but one Baptismal Church where all the People were Christened, which was also observed in Villages in the Country, so it must be understood the Decree of the Council of Meaux in the Year 845, Tom. 3. Conc. Gal. Can. 48. p. 45, Tom. 1. Conc. Gal. c. 1●. pag. 566. That no Priest presume to Baptise but in the Baptismal Churches which are in the Villages. As for Oratories it was not permitted there to build Fonts as we find by the Ninth Epistle of the Second Book of Gregory I. of the 71 and 83 of the 7th of the Third of the 8th of this practice continued also in Pope Zacharies time, who also wrote so to Pepin in the year 747 in using the very terms of Gregory I. But in process of time 'twas left to the Liberty of the Bishop to suffer it, provided that the consent of his Clergy also intervened; It is what may be seen in the Decree of Gratian, cap. 16.9. 1. c. 35. Moreover these Baptising Churches which were otherwise named Plebes, and Oracula, were in so great consideration above others, that Charlemagne in his Capitulary in the year 793, chap. 2. will not have them possessed by Lay-Men, to whom he forbids to grant them under the Title of Bennifice, although that was not always observed; And it may be the Names of Plebes and Oracula, was given to these Churches, because all the People were wont there to resort to hear the Oracles of God, that is to say, the Word of his Gospel. Inasmuch as our Discipline suffers Ministers to baptise out of the Assemblies, when it is impossible to have them, it agrees very well with the Seventh Cannon of the Council apud Vernum, which I cited above, where 'tis permitted in case of Necessity to Baptise out of the places where public Fonts were erected; Moreover, Vernum Palatium, was one of the King's Palaces betwixt St. Dennis and Compeigne, at least many do think so. VII. Seeing we have no command of Christ to take Godfathers and Godmothers to present our Children at Baptism, there cannot an express Law be imposed on Persons to do so; Nevertheless because it is an Ancient Custom, and introduced for a good end, to with to testify the belief of the Godfathers, and the Baptism of the Infant, and also to maintain the Society of Believers in Friendship and Amity, those which desire not to follow it but would present their Children themselves, shall be earnestly exhorted not to be contentious, but to conform to the Ancient Custom, which is good and profitable. CONFORMITY. The Custom of Godfathers and Godmothers to present Children at Baptism, is very Ancient, seeing Tertullian makes mention of it in his Book of Baptism, chap. 18. St. Austin in his Twenty Third Epistle saith, they are presented by their Father or Mother, or by others; Tom. 2. cap. 2. & 7. p. 215, 216. 217, 361. Paris 1644. the pretended Dennis the Areopagite in his Ecclesiastical Hierarchy, speaks but of Godfathers, which should be faithful, and chosen by those which are to be Christened, if they are Adults, or by the Fathers and Mothers, if they are young Children; and he would also make the Reader believe that 'twas instituted by the Apostles. Gregory the First in his Book of Sacraments, doth not also forget those which present Children at Baptism. As for Cesarius of Arles, he declares in the Twelfth of his Homilies, given us by Monsieur Baluze, that the Father and Mother are to be answerable, the VI Cannon of the Council of Metz in the year 888, Tom. 3. Conc. Gall. p. 526. ordains that the Father or Mother of the Child receives it when it comes out of the Baptismal Fountain, so great Liberty has been used by the Church in these things: Read the Three last Testimonies I have mentioned on the Twelfth Article. VIII. Women shall not be admitted to present Children to Baptism unless accompanied with a Godfather, and after having made profession of the Christian Religion. CONFORMITY. In all Antiquity there is few or no Examples to be found of a Woman that presented a Child to be Baptised without a Godfather, and much less of an unbelieving Woman; in effect, we have seen on the Seventh Article, That those which presented Children should be believers. What I alleged of the Council of Metz on the same Seventh Article, not destroying what I say on this, if one reads all the Cannon, besides that it has sometimes been suffered amongst us upon some Considerations as appears by the National Synod of Poitiers in the Year 1560, that's to be understood in regard of believing Women, though this sufferance is not at present in use. IX. No Godfather coming from another Church, shall be suffered to present a Child to Baptism, without bringing a Certificate from his Church. CONFORMITY. Anciently no Stranger was received without a Testimony from his Church, it is the Order of the Seventh Cannon of the Council of Antioch in the year 341. Let no Stranger be received, without Pacifick Letters, It is what appears also by the Fifty Eighth chap. of the Second Book of Apostolical Constitutions, where we read, that neither Brother nor Sister of another Church, was to be received without Letters of Recommendation. X. Those which present Children to be baptised must be of competent Age, as of Fourteen years old, having received the Sacrament; Or if they are more advanced in Years, and have not received the Lords Supper, promise faithfully to do it, and are duly catechised. CONFORMITY. Herraud Bishop of Tovers in his Capitulary of the Year 858, makes this Ordnance, Tom. 3. Conc. Gall. cap. 55. pag. 113. That none shall receive any at the Baptismal Fountain, unless he knows by heart in his own Language, and understands the Lord's Prayer, and the Apostles Creed, and that all know the Covenant they have made with God. Ibid. pag. 526. The Sixth Cannon of the Council of Metz prescribes the same in substance in the Year 888; Tom. 9 Conc. pag. 548. and 615. Cardinal Borrome Archbishop of Milan, in the Fourth and Fifth Councils which he there caused to be held, in the Year 1573, and 1579, orders the very same, marking also as well as our Discipline the Age of Fourteen Years; and to observe the exactness of our Discipline with that of the Ancients, it is to be known that we admit none to participate of the Holy Sacrament of the Eucharist till after he has given sufficient proof of his being well-instructed, and of his knowledge, in the Mysteries of Salvation. The Sixth Council of Paris, precedent to all the Testimonies I have hitherto cited, seeing it was assembled in the Year of our Lord 829, This Council complains in the Seventh Cannon, Book the First, That those which present others to Baptism, Tom. 2. Conc. Gall. pag. 487. and 521. have not knowledge sufficient to instruct them, which he attributes to the negligence of Conductors, and in the Fifty Fourth Cannon, he will by all means have them taught to be able to answer for the Instruction of those which they present; even serving themselves in the Seventh Cannon, of some words of a Sermon of St. Augustine's to confirm what he says. 163 de Temp. XI. Those which are suspended from the Lords Supper, cannot as Godfathers, present Children to be baptised, whilst their suspension holds. CONFORMITY. This same Council of Paris which I but now cited, prohibits in the last of its Cannons, that is to say, the Fifty Fourth, it forbids those which for some Crime, is under Penance, and by consequence excluded from the Sacrament, not to present any Body at Baptism, until such time as they are reconciled to the Church. Cardinal Borrome in his First Council of Milan, Tom. 9 Conc. pag 453. which he held Anno 1565, forbids the same thing to all that are Excommunicated. XII. Ministers shall diligently warn Godfathers and Godmothers to weigh and consider the promises they make at the Celebration of Baptism, and Fathers and Mothers also to choose Godfathers and Godmothers well instructed in Religion, and of good Life and Conversation, and that may be of their Acquaintance, as near as may be, and that by their means there may be appearance, in case of need, the Children may be well Educated. CONFORMITY. The Author of the Ecclesiastical Hierarchy, Tom. 2. cap. 7. p. 361, 362. under the name of Dennis the Areopagite, prescribes just what is appointed by our Discipline; Ionas Bishop of Orleans follows the same Steps in the Ninth Century, and Establishes by the words of St. Austin, the Duties wherein Godfathers and Godmothers stand bound to those which they present to be Baptised, it is to what he employs the Sixth Chapter of the First Book of Instruction of the Laity; and the words of St. Austin he makes use of, Tom. 1. Spicil. pag. 19 are taken out of the Sermon 133, of Time, which is in the Tenth Tome of his works. Tom. 9 Conc. pag 453. Cardinal Borrome in his first Council of Milan, Anno 1565, follows the same steps with the Ancients, ordering to warn Godfathers of their Duty towards their Neophytes, Tom. 5. Spicil. pag. 212. both as to Doctrine and Manners, where Fathers and Mothers are wanting. A long while before this Council of Milan, St. Eloy had recommended the same thing to Godfathers, and in the Second Book of Capitularies, chap. 46. Godfathers are enjoined to apply themselves to teaching Children they have presented in Baptism, because they have answered for them; It is also the subject of a Cannon of a Council of Reims in Reginon, Lib. 1. cap. 272. XIII. Those which by trusties shall present Children to be Baptised in the Churches of Rome, shall be severely sensured, as consenting to Idolatry. CONFORMITY. In the Ancient Church those which lived in a Communion separate from others, never presented their Children to be baptised in those Societies whereof they were not Members, and with whom they held no fellowship nor correspondence in matters relating to Religion and the service of God. XIV. As for Names given to Children, Ministers shall reject as much as in them lies, and as shall be expedient, those that savour of Ancient Paganism, and shall impose on the said Infants, the Names attributed to God, in the Church, as Emanuel, and the like; and moreover shall admonish Fathers and Godfathers to choose Names approved in the Holy Scripture, as much as may be possible. If they have a desire to some other, they may be admitted, those abovesaid only excepted, and such as may tend to indecency. CONFORMITY. Dennis Bishop of Alexandria, observes in Eusebius, That the Ancient Christians were wont to give their Children, the Names of Peter, Paul, and other Holy Men, as well to show the Love and Respect they bore those Holy Persons, as to render their Children as dear in the sight of God, as those Holy Men were. St. Chrysostom writes that the Antiochians loved Miletius their Pastor so tenderly, that they called their Children by his Name, for this end forgetting that of their Ancestors: And in the Twenty First Homily on Genesis, which is in the Second Volume, he Exhorts his Auditors not too lightly to impose all sorts of Names, no not even those of their Grandfathers and Great Grandfathers, and those which have been illustrious by Birth, on their Children, but rather the Names of these Holy Men, which have been celebrated for their Virtues, and in favour with God; and elsewhere he complains of those which do otherwise; according to which Eusebius speaks in his Book of the Martyrs of Pallestine, chap. 11. of Five Martyrs, that having quitted the Names they received from their Fathers, because, saith he, they were it may be some Idol Names, they took the Names of Elias, of Jeremiah, of Esaiah, of Samuel, and Daniel. The Fourth Council of Milan whereof we spoke on the Tenth Article, requires this Custom to be followed. I think therefore our Discipline does very well in keeping the medium, betwixt too great a Severity and too great Indulgence, whereunto the Establishments of our National Synods agree very well on this Article. XV. Ministers shall warn their Flocks to behave them with all due Reverence when the Sacrament of Baptism is administered. And to avoid the contempt most People make of Baptism either going out of the Assembly, or behaving themselves in it irreverently when it is administered, it has been thought good that for the future it be administered before singing the last Psalm, or at least before the last Prayer, and the People shall be warned to bear the same Reverence in the Administration of Baptism as of the Lords Supper, seeing Jesus Christ with his benefits is offered us in the one as well as the other Sacrament. CONFORMITY. In the Fifth Action of the Council of Constantinople under Memma, Tom. 4. Conc. pag. 109. which was its Bishop about the Year of our Lord 536, there is a request of the Church of Apamia,, where is shown the profound respect one ought to have in the time of administering Baptism; thence it is the Ancient Doctors do call it a Mystery, or terrible Mysteries. There is in the Euchology or Ritual of the Greek Church, an excellent Oration to the Catecumeny which are on the point of receiving Baptism, Pag. 340. Par. 1647 in the which is represented in a touching and Pathetical manner, the dignity of this August Sacrament, with the reverence and holy fear one should have when one celebrates it. Cardinal Borrome in his Fifth Council of Milan, assembled Anno Dom. 1579. Appoints all Curates, To warn frequently all those which assist at the Celebration of Holy Baptism, Tom. 9 Conc. pag. 616. to bring all manner of Piety, Devotion, and attention, meditating secretly and with care, the promises they have made to God, when they were Baptised: It is not therefore to be wondered if St. Chrysostom speaks of the Baptismal Fountain, as of a redoubtable and desirable Pool both together, In illud fi●●● 〈◊〉 reg. Caesor. Patrisam. Tom. 6. p. ●●0. and if he Exhorts those which are going to be baptised to prostrate themselves as Captives before their King, to cast themselves on their knees, lifting up their hands to Heaven where the King of us all, saith he, is sitting on a Royal Throne, because in effect, we own this respect and veneration to his Sacraments, at all times that we are present when they are Celebrated. XVI. The Consistory shall have an Eye over those which without great Considerations, keep their Children long from being Baptised. CONFORMITY. St. Cyprian, Ep. 59 pag. 95. or rather a Synod of 66 Bishops of which he was Chief, appointed that Infants newly born should be Baptised, without deferring too long Baptising them, and condemned the Opinion of a certain Bishop called Fidus, that would have it put off to the Eighth day, as formerly to Circumcise them. Pope Syricius in his Letter to Himerius Bishop of Tarragona, Tom. 1. conc. c. 2. pag. 689. writes towards the end of the 4th. Century, that he thinks convenient young Infants should speedily be Baptised. The V Cannon of the Council of Gironda in Catalonia, assembled in the year 517, prescribes that they should be baptised the very same day they are born, if it happen they are infirm, which is very common. Tom. 3. conc. pag. 806. Peter Chrisologus Bishop of Ravenna shows sufficiently in his 10th. Homily, that care must be taken to administer Baptism to young Children. Him that writ the forged Ecclesiastical Hierarchy in the name of Dennis the Areopagite, Tom. 2. pag. 360, 361. is of the same Mind, and even attributes it to the Apostles, although he determines not exactly the time. I should never have done should I produce all the Testimonies of the Ancients touching the Baptising young Children, seeing it has always been practised in the Church; my design is chief to show that the Authors of our Discipline had reason when they appointed not to defer Baptising of young Children too long; and I have sufficiently shown that this practice is conformable to that of the Ancient Church. Nevertheless it is not to be thought this practice has always been so well established in the Church, that it has not found some Opposers, Tertullian in the Eighteenth Chapter of his Treatise of Baptism, would have their Baptism put off till they were of Age to give an account of their Faith. Gregory of Nazianzen don't go quite so far, Orat. 40. p. 658. To. 1. but at least it should seem convenient they should be of three or four years of Age before they receive the honour of Baptism; because he thinks at that Age they may understand some questions as may be asked them, and make answer thereunto. The Christians of Thessaly referred the Christening of their Children till Easter whatever accident befell them, so that a great many of them died without Baptism, as Socrates observes in his Ecclesiastical History, Chap. 12. Book 5. The more I consider all these things, the more I approve the Conduct of our Discipline, which prudently enjoins Consistories to take care that the Baptising of Infants should not be deferred too long. As for Adults, it is well known that in the Primitive Church, many deferred their Baptism a long while, and many times to the end of their Life; but it is also known that the Fathers have condemned those which did after this Manner. XVII. Although a believing Man has a Wife of the contrary Religion, yet is he not excused if his Child be presented to be Baptised in the Romish Church, and therefore, shall not be admitted to the Lords Supper, unless it be so that he has hindered it with all his might. CONFORMITY. Besides what I have said on the 13th. Article, it must be observed, that the Father is Master of his Children, and shall join to this remark the 14th. Cannon of the Council of Chalcedon, which prescribes to Readers and Singers, which are Married, not to permit their Children to be Baptised elsewhere than in the Catholic Church, if by chance their Wives lived in another Communion; and if unknown to them they have caused them to be Baptised in the Society whereof they are Members, it enjoins them, that is to say, the Husbands, to bring them back into the bosom of the Church, out of the which they have been Baptised. XVIII. Baptisms shall be Registered, and carefully kept in the Church, with the Names of Fathers and Mothers, and Godfathers and Godmothers, and Children baptised; and the Fathers and Godfathers shall be bound to bring a Ticket wherein shall be contained the Name of the Child, of the Father and Mother, and Godfather and Godmother thereof, and the Day of its Birth also shall be expressed. CONFORMITY. The Author of the Ecclesiastical Hierarchy, falsely attributed to Dennis the Areopagite, makes mention of this Custom, according to which was Registered the Names of those which were Baptised, Tom. 2. cap. 2. and of the Persons which presented them. The Friar Maximus his Scholiast, confesses it so in the VII. Century. As he fully explains himself in his Notes on the place we but now obsered, and Pachymeres who made a Paraphrase on this same Writer, in the 13th. Century, has not passed over this Circumstance in silence, observing that the Priests and Deacons wrote on Holy Tables, the Names of them who were Christened, and of their Godfathers; It's true he was mistaken in thinking these Tables was that which in the Church was called the Book, or the Diptyches of the Living; for this public Begister where the Names of the Baptised and those which presented them, was a different thing from the Sacred Diptyches, which were a kind of little Book of two Leaves, in one of which was writ the name of the Living, whereof there was commemoration made at the time of Celebrating the Eucharist. However it be, pag. 216. pag. 341.342. Tom. 9 conc. pag. 412. cap. 2. de reform. Matrim. I make no question but the Greek Ritual makes allusion to the practice I Examine, in a fine Exhortation which the Bishop makes to the Catechumeny on Good Friday; The Council of Trent in the 24th. Session, Anno 1563. appoints Curates to write the Names of the Baptised, and of the Godfathers and Godmothers. Cardinal Borrome who gloried to hold to the Decisions of the Council of Trent, Ibid. p. 453. and to see them put in Execution; failed not to prescribe to his Curates in the first Council of Milan held in the year 1565, Ibid. p. 548, 549, 674. to have a Book and therein to write the Names and Surnames of the baptised, also of Father and Mother and Godfathers and Godmothers, together with the day of the children's birth, and of that when they are baptised, which he also repeats in two other Councils held in the same place, that is in the 4th. and 5th. XIX. The Names of Fathers and Mothers of unlawful Children or Bastards, shall be Registered in the Church Book, that they may be known, except such as are born in Incest, to the end to extinguish the remembrance of so heinous a Sin, in which case it shall suffice to name the Mother, with him or her that shall present the Child. And in all illegitimate, it shall be said, that they are not born in Lawful Marriage. CONFORMITY. This Article is much the same with the precedent One, saving only that there is question of Children born in unlawful Copulation, which our Discipline requires to have their baptism Registered, on condition nevertheless, that it shall be observed they are born bastards; it is to what amounts the Ordinance of Cardinal Borrome, in the place of the Council of Milan but just now cited, for he enjoins, that it be marked in the Church-book, if the Children are begotten in lawful Wedlock. A Form of Baptism of those which shall be Converted to the Christian Faith, as well Pagans, Jews, Mahometans, and Anabaptists, which have not been Baptised; made at the National Synod of the Reformed Churches of France held at Charanton, in the year, 1644. the 26 of December, and the following Days. AFter that the Catechumeny has been sufficiently instructed and Catechised to give an account of his Faith, and that the Church shall by good Testimonies have taken cognisance of the Integrity of the Persons Life and Learning, they shall by the said Persons be presented to the whole assembly of believers to be baptised in their presence; And the Minister shall say. The first Demand. Do you not confess that you are a Child of Wrath, deserving death and everlasting damnation? Answer, Yes. Demand. Are you not displeased and grieved for all the the sins you have committed ever since you were born, and done't you promise for ever to forsake them? Answer. Yes. Dem. Do you not with all your heart forsake the seducements and temptations of the Devil and his Angels, of all the Pomps and Vanities of the World, and of all the Affections and Lusts of the Flesh. Answ. Yes. If it be a Pagan the Minister shall say to him. Dem. Do you not believe there is one only God which made Heaven and Earth, who supports all things by his powerful Word, and in whom we live, move, and have our being? Answ. Yes. Then the following demand shall be made which is common to all, and which are to be offered to all. Dem. Do you not believe this great God which has created Heaven and Earth is one in Fssence, and distinguished into three Persons, Equal and Coeternal, the Father, the Son begotten of the Father from all Eternity, and the Holy Ghost proceeding Eternal from the Father, and the Son? Answ. Yes. If it be a Pagan, the three following Questions shall be proposed. Dem. Do you not believe this great God never leaving himself without Witness, has manifested himself to Men, not only by his Works, which from their first production continually publish his Praise and Glory, but also by revealing his Will for the Salvation of Mankind, contained in the Holy Scriptures called the Old and New Testament? Answ. Yes. Dem. Do you not believe that all these Holy Scriptures are divinely inspired, and continue the perfect Rule of our Faith and good Living? Answ. Yes. Dem. Do you not protest to resist the Devil to the last minute of your Life, whom you have hitherto adored, serving sdols made with hands, or the host of Heaven, or to conclude, those which by Nature are no Gods? Answ. Yes. If it be a Jew, these five Questions shall be made, omitting the four above expressed, they belonging to Pagans. Dem. Do you not detest the Rebellion and Obstinacy of the Jews, and do not you beg pardon for having been so long time engaged therein? Answ. Yes. Dem. Do you not believe that what God has been pleased to reveal to us of his Will, is contained not only in the Books of the Old, but also in those of the New Testament? Answ. Yes. Dem. Do you not believe that Jesus the Son of the Blessed Virgin Mary, conceived in her by the ineffable Power of the Holy Ghost, and after condemned to die on the Cross through the false Accusation of the Jews, by the wicked Sentence of Pontius Pilate, raised from the dead the third day, and now sitting in Glory; is God manifest in the Flesh, the Eternal Word of the Father, by which he created and maintains the whole Universe, the blessed Seed promised to Adam presently after his Fall, by virtue of whom the Serpent's head is broken, whose coming all the Patriarches expected with Hope, and the great Prophet and true Messiah foretold as well by Moses, as by the other Prophets which lived after him? Answ. Yes. Dem. Do you not believe that the Lord Jesus is the fulfilling of the Law in Righteousness to all which believe, the truth of his Types and Figures, the true Lamb of God which taketh away the Sins of the World, and that in him dwells the fullness of the Godhead bodily? Answ. Yes. Dem. Do you not believe that now the observation of Legal Ceremonies is not only superfluous, but also wholly prejudicial to a good Conscience? Answ. Yes. If the Catecumeny be a Mahometan, the Minister shall ask these following Questions, omitting the former, which particularly refer to Pagans or Jews. Dem. Do you not believe that the Scriptures of the Old and New Testament are inspired of God, and conttain his whole Will for the Salvation of Mankind, and the only perfect Rule of Faith and good Living. Answ. Yes. Dem. Do you not believe that Jesus the Son of the Blessed Virgin Mary, conceived in her by virtue of the Holy Ghost, and made after the Flesh of her substance, is God and Man blessed for ever, perfect God, and perfect Man, Man made of a Woman in the fullness of time, and God engendered of God the Father before all Eternity? Answ. Yes. Dem. Do you not believe that the Lord Jesus from his first conception after the Flesh, was Holy, Innocent, without Spot, separate from Sinners, and that he suffered not Death for his Sins, but for ours¿ Answ. Yes. Dem. Do you not believe that his Death is the propitiation of our sins, yea, for the sins of the whole World; and that this propitiation is of infinite Merit, whereby Eternal Glory and Salvation has been acquired for us? Answ. Yes. Dem. Do you not believe Mahomet was a Deceiver, and that his Alcoran is a Sacrilegious heap of Dreams full of absurdities, and broached a purpose to set up a false and abominable Religion. Answ. Yes. Dem. Do you not believe that the Gospel of our Lord Jesus is the power of God to Salvation in all them which believe, That the only Christian Religion, is the power of God to Salvation in all them which believe, that the only Christian Religion, is that alone whereby God the Father has revealed his good pleasure for the Salvation of Mankind until the end of the World, that since the manifestation thereof, there is no other to be expected, that the Lord Jesus Christ only, is the great Prophet promised to the Believers of the Old Testament, and that God having formerly spoken in divers manners to Men, before, and under the Law, has spoke to the Church of the New Testament by the Mouth of his only Son Jesus? Answ. Yes. Quest. Repeat the summary of your Faith? Answ. I believe in God the Father Almighty, Maker of Heaven, and Earth, etc. If the Catecumene be an Annabaptist, the Minister shall say, Quest. Do you not believe that the Lord Jesus is and shall be true God and Man in both Natures Eternally, that he was according to his Manhood like to us in all things sin only excepted, so that he was the true Son of Abraham, of David, of the Blessed Virgin, proceeding from their Blood and Seed, and that the substance of his Body was form not only of the Virgin, according to what the Apostle saith, that he was of the Seed of David according to the Scriptures, that he was made of a Woman, and that he partook of Flesh and Blood like other Children? Answ. Yes. Quest. Do you not believe that the baptising of young Infants is grounded in the Scriptures, and in the continual practice of the Church? Answ. Yes. Quest. Do you not with all your heart renounce the Errors of those which deny it; and are you not sorry for having hitherto slighted it. Answ. Yes. Quest. Do you not believe that the Establishing of Magistrates is an Ordnance of God, to the which those which refuse to submit, draw down damnation on themselves; And that all manner of Obedience after the Will of God is due to them? Answ. Yes. Quest. Do you not believe that this good God which calls us all by the Preaching of his Word to Life and Salvation, has instituted some Signs and Sacraments in his Church, which Seal and Confirm to us the Covenant of Grace, which is offered to us by the Preaching of the Gospel? Answ. Yes. Quest. How many Sacraments think you there are in the Christian Church? Answ. Two, to wit, Baptism, and the Lords Supper. Quest. Do you not desire to be instructed in the Nature and Use of Baptism which you desire in the Church? Answ. Yes. Quest. The Minister shall say, Our Lord shows us all in what poverty and misery we were born, in telling us we must be regenerated, for if it be needful our Nature be renewed to have admission into the Kingdom of Heaven, it is a sign 'tis wholly sinful and cursed; therein therefore he warns us to be humbled, and cast down in our-selves, and in this manner he prepares us to desire and seek his favour, whereby all the perverseness and evil of our first Nature shall be abolished; for we are not capable of receiving it, until first we have wholly laid aside all trust in our own Strength, Wisdom, Righteousness, even to condemning all that is in us. Now when he has shown us our misery, he than comforts us by his mercy, promising to regenerate us by his Holy Spirit to a Holy Life, which shall be to us as the entrance into his Kingdom; This Regeneration consists in two parts, which is that we should deny ourselves, not following the way of our own reason, our Pleasure, and own Will, but subjecting our understanding and heart to the Wisdom and Will of God, mortifying all that is of us, and of the Flesh, afterwards we should follow the light of God, to comply and submit to his Holy Will, as he commands us by his Word, and bad's us by his Spirit. The accomplishment both of the one and the other is in our Lord Jesus, whose Death and Passion is of such Virtue, that partaking thereof, we are as it were Dead to Sin, to the end that our fleshly Lusts should be mortified. In like manner by virtue of his Resurrection, we may be raised to a new Life, which is God, being Governed and Conducted by his Holy Spirit which worketh in us things well pleasing in his sight. Nevertheless the first and principal point of our Salvation, is that by his Mercy he pardon and forgives us all our sins not imputing them to us, but blotting them out that they should not rise up in Judgement against us. All these Graces are bestowed on us when he is pleased to ingraff us into his Church by Baptism; for in this Sacrament he assures us of the pardon of our sins; And to this end he hath appointed the Sign of Water, to show us, That as by this Element Bodily filthiness is washed away, he will also wash and purify our Souls, that there might be no spot in them. Then he shows us our Renovation, the which lies, as has been said, in the Mortification of our Flesh, and in a Spiritual Life which he worketh in us. So shall we receive double Grace and benefit of our God in Baptism, provided we do not frustrate the virtue of this Sacrament by our ingratitude, which is that we have therein certain assurance that God will be a merciful Father to us, not imputing our Sins and Offences. Secondly, That he will assist us by his Holy Spirit, to the end we may resist the Devil, Sin, and the Lusts of the Flesh, even till we triumph over them, to live in the liberty of his Kingdom, which is the Kingdom of Righteousness. Seeing then 'tis so that these two things are accomplished in us by the love of Jesus Christ, it follows that the virtue and substance of Baptism is comprised in him, and indeed we have no other cleansing but his Blood, nor no other renewing but in his Death and Resurrection, but as he communicates to us his Riches, and Blessings by his Word, so also he distributes them to us by his Sacraments. Now herein appears the wonderful Love of God towards us, that those Graces he bestows upon us, having before the coming of the Messiah been restrained within the People of the Jews, and the partition Wall which separated the Jews and Gentiles being taken away by the Death of Jesus Christ, he shed abroad the Waters of his Saving Grace in such abundant manner, on the Children of Men, that in him there is now neither Jew nor Greek, Male nor Female, Circumcision nor Uncircumcision, nor any other Creature else, which can hinder us from this great Salvation, that Jesus Christ will be preached to all Nations, and the Covenant of his Love confirmed by Baptism, according to the Commission given to his Apostles, saying, Go Preach to all Nations, Baptising them in the Name of the Father, of the Son, and of the Holy Ghost; And it is this Grace, Brother, which you desire to partake of by Baptism, is it not true? Answ. Yes. Quest. But because entering into the House of God every one should take care of his ways, fearing to profane the the Sanctuary, in adventuring according to the saying of the Wise Man, lest he should offer the Sacrifice of Fools, and that he should be cleansed from the Leven and Error of Malice, do you not detest all the Errors which are contrary to the Holy Doctrine taught in our Churches. Answ. Yes. Quest. Seeing you are about to receive Holy Baptism, do not you promise to live and die in the Faith of the Lord Jesus heretofore confessed by you, accompanying it with a Holy Life and Conversation, and to employ all your Thoughts, Words, and Actions to glorify God, and edify your Neighbours, submitting yourself to the Order of the Church, and to the Discipline whereby this Holy Order shall inviolably be maintained. Answ. Yes. This being done, the Minister shall add, Let us pray to God that he would be pleased to Bless this Holy Action, and shall pray after this manner. Lord our God, infinitely Wise and Merciful, we Praise and Bless thy Holy Name, for the favour thy good hand has vouchsafed to shed abroad on this thy Servant, who was in the most profound darkness of the shadows of Death when thou didst illuminate him, causing to shine on him the saving and quickening Light of the Day Star from on high, drawing him from a deplorable hardness to soften his heart, and freeing him from the bands of Death, to restore him to Life; as Lord thou hast taken away the vail which was on his heart, calling him to confess the only true God, and him whom thou hast sent, Jesus Christ, and hast at this time inspired him with courage to make public Confession of thy most Holy Faith, and of the hope thou hast caused to spring in his Soul, enabling him to present himself in thy sight to receive Holy Baptism, the Seal of thy Covenant, pledge of the remission of sins, and Symbol of our entrance into thy House by Spiritual Regeneration. Look Lord, more and more on him, with the eye of thy favour, forgiving all his sins, sprinkling his Soul with the precious Blood of the Lamb without spot, which taketh away the sins of the Woold, and making him feel the powerful virtue of its propitiation, let thy Spirit sanctify and make him a new Creature, to the end that dying to sin, he may live unto Righteousness, and laying aside the Old Man with its Lusts, he may put on the New Man, which is renewed in Righteousness and true Holiness: And as we are about to pour on his head the water of thy Sacrament, shed forth on him the Gifts and Graces of thy Holy Spirit, receiving him into the number of thy Servants, and honouring him with the Adoption of thy Children. Enable him to offer unto thee during the whole course of his Life, the Obedience and Religious Service which is due unto thee, and for ever to persevere in thy Holy Covenant, to the end that as now in thy Name, we receive him into the Communion of thy Church Militant, thou wilt vouchsafe one day to receive him into thy Church Triumphant, and gather him for ever into the Assembly of the First born whose Names are written in Heaven. Hear us O Father of all Mercies, to the end the Baptism we confer upon him according to thine Ordinance, may produce its Fruit and Virtue, as 'tis revealed to us in thy Holy Gospel in thy Son our Saviour Jesus Christ, who has commanded us to pray unto thee, and say, Our Father which art in Heaven, etc. Speaking to those who present the Catecuminy, the Minister shall say to them. Quest. As you have been charitably employed in the Teaching and Instructing our Brother, and are Witnesses of the Baptism he is to receive at this present by our Ministry; Do you not promise in the presence of God and this Holy Assembly, to continue more and more to strengthen him in the Faith, and exhort him to good Works. Answ. Yes. This being done, speaking to the Catecumeny which waits, kneeling to receive Baptism, powing the Water on his head, the Minister shall say, Having seen the Testimonies of your Faith, N. I Baptism you in the Name of the Father, of the Son, and of the Holy Ghost; Amen. CONFORMITY. There is nothing in all this formulary as large as it is, which is not found in substance in what we have remaining of the Catechisms of the Ancient Doctors of the Church, and in what was practised towards those to whom Baptism was to be conferred; and because most part of those which converted themselves to the Christian Faith, turned from Paganism, where they had learned to believe and serve several Gods, the first step they were made go in the way of Salvation, was to make them renounce this Diabolical Doctrine, afterwards to believe, and be throughly persuaded that there is but one True God, which has made Heaven and Earth, that supports all things by his Almighty Word, who gives us our Life, Being, and Motion, who never left himself without Witness, and has manifested himself to Men, not only by his Works, but also by Revelation of his Will, contained in the Holy Scriptures of the Old and New Testament. Tom. 1. pag. 93. The first act of Faith of the Catecumeny's, saith St. Cyril of Alexandria in the third Book of Adoring in Spirit and Truth, is to departed from the belief and opinion touching the plurality of Gods, and to embrace him who is the only true God by Nature. Theodolphus Bishop of Orleans in a Treatise he made of the Order, which is to be observed in the administration of Baptism, establishes near hand the same practice when he writes in chap. 2. that the first instruction which is given to Catechumenies, is, that there is one true God, to the end that leaving the worship of the creature, they should Consecrate themselves to the Worship of God the Creator. It's true that when 'twas a Jewish Proselyte, he was obliged before Baptism, to renounce particularly all legal Ceremonies, to the Ancient, Material and Typical Worship, to the Jewish Washings and Purifications, to their Feasts, their New Moons and Sabbaths, and generally to all that pertained to the Synagogue, especially to the false Messiah they yet expect, and will never come. Moreover they were to make open profession to believe in God the Father, Son and Holy Ghost, Holy, Consubstantial and individual Trinity, that they should admit of the Incarnation of the Eternal Word Jesus Christ our Saviour, in confessing he is come into the World, and that he is made Man, but not ceasing to be God, the Holy Virgin having brought him forth after the Flesh, and by this means being become the Mother of God. It is after this manner they proceeded with the Jewish Proselytes, Pag. 344. Par. 1647 as we find by a Catechism in the Ritual of the Greeks, which in substance answers to what's prescribed in our Discipline. But if it was a Mahometan that embraced the Christian Religion, the first thing that was required of him, was to Anathematise Mahomet, his Sectators, his Successors, his lying Alcoran, full of Impostures and Dreams, especially in what regards our Saviour Jesus Christ; in a Word, all the impieties which depend of the Carnal Religion of this infamous Impostor of the East; which being done this Proselyte made this Declaration; I now adhere to Jesus Christ the only true God, I believe in the Father, the Son, and the holy Ghost, holy, indivisible and consubstantial Trinity, I believe the Mystery of the Incarnation, and the coming into the World of one of the holy Trinity, that is, of the Word and only begotten Son of God, who was begotten of the Father before the World began, by whom all things were made, and I am persuaded he is true Man without being divested of his Divinity, for he is true God and true Man, without confusion, without conversion, and without alteration, with two Natures in one sole Person; I confess also he suffered all things voluntarily, that he was crucified according to the Flesh, the Divinity remaining impassable, that he was buried, that he risen again the third day, that he ascended into Heaven, and that he will come in glory to Judge the quick and the dead; to conclude, I confess and believe that the holy Virgin is preperly and truly Mother, and the Mother of a God which made himself Man. Those who desire to be more fully informed of what I have now discoursed, may Read the formulary of Nicetas whereof I have made mention on the 3 article of this chapter, and in the place I marked. After all, 'tis most certain the Catechumeny were instructed on all the articles of the Symbol, which comprehend the principal points of Christianity, and the essential and capital points of Religion; the Catechisms of St. Cyrill of Jerusalem show so much, seeing he there Explains all those saving truths, which those aught to know which fitted themselves to receive holy Baptism: in effect, they often heard mention made of God the Father and the Work of Creation, with the Titles of Father, of Almighty, and of Creator, which are given to him; of Jesus Christ, and of the work of Redemption with his quality of only begotten Son of God; of the Holy Ghost, and the Work of Sanctification; they were taught there were three Persons in Unity of One and the same Essence; that the second Person of the Trinity took on him our Nature in the Womb of the Virgin Mary by the Operation of the Holy Ghost, to the end he might die, and by his death make Expiation for our Sins, fully satisfy his Father's Justice for us, appease his Wrath, and restore us into his Favour. They often heard mention made of his Person, of his two Natures, Divine and Humane, of his Employments and Offices, of the Mysteries of his Incarnation, the Wonders of his Birth, the Holiness of his Life, the Glory of his Miracles, the meanness of his Cross, the shame of his Sufferings, the power of his Resurrection, and the Glory of his Ascension and of his Triumph; thence they proceeded to the Explication of the Article of the Holy Ghost whose Divinity and Operations were established; Jesus Christ having sent Him from Heaven on the Apostles for the establishing his Kingdom, and for Illuminating and Sanctifying those which he was effectually to call to the Communion of his Gospel. To conclude, they were made understand the Nature of the Holy Church which was to beget them anew unto God, of the Graces he bestows on it in this Life, and of the Glory he prepares for it in that which is to come. All these thing are at large treated of in the Catechisms of S. Cyril which I have cited; and they are seen more succinctly in the 7 chapter of the little Treatise of Theodulphus of whom I have also spoke, and in that of Amalarius Archbishop of Treves, Pag. 1151 Par. 1617. dedicated to Charlemagne in the works of Alcuin. Besides, it must not be thought that in the ancient Church they satisfied themselves with explaining to the Catechumenies the things which I but now touched, it was also necessary they should give an account in answering the questions put to them on each article; according to which Eusebius makes mention in his Ecclesiastical History of a man, Lib. 7. c. 9 which had assisted at the Baptism of those which had been newly Baptised, and he said, he heard their Questions and Answers: St. Cyprian in his 70 Epistle speaks also of this custom, when he saith, the Question itself made at Baptism, is witness of the Truth. Firmillian Bishop of Cesaria in Cappadocia teaches us the same thing, when speaking of a woman which boasted to be a Prophetess, he saith that to give the more colour to her Delusions, Apad Cypri. Ep. 75. pag. 147. She Baptised several persons using the usual words which were wont to be employed in the Interrogations, to the end her Baptism should not seem to differ in any thing from the Ecclesiastical Rule, seeing that neither the Symbol of the Trinity, nor the usual and Ecclesiastical Interrogations was omitted by her. It is to which doubtless the first Council of Arles had regard, Tom. 1. conc. Gal. pag. 6. when in the year 314 it appointed in the 8th. of its Cannons, not to re-baptise Heretics, if after Examining them on the Creed, one found that they had been Baptised in the Name of the Father, of the Son, and of the Holy Ghost; but only those amongst them who being interrogated, answered not this Trinity, that is to say, to the questions made them touching the Trinity of Persons, and unity of their Essence. St. Pag. 86. Par 1631 Cyril of Jerusalem has not forgot this Circumstance in his two Mystagogical Catechisms, no more than Optatus of Mileva in his 5th. Book against Parmenian; nor St. Jerom in the 5th. Chapter of his Dialogue against the Luciferians, nor St. Austin in the 20th Chapter of the 5th. Book against the Donatists, and he even tells us in his 23th. Epist. to Bonifacius, that when Little Children were Baptised, those which presented them, answered for them to all the Interrogations which were made, and the Author of the Book of Ecclesiastical Dogmas in the Appendix of the 3d. Tome of his Works, establishes the same Custom in the 52 Chap. The Author of the Book of Sacraments in the 4th. Vol. of the Works of St. Ambrose, also observes this Custom in the 7th. Chap. of the 2d. Book. And a great while before, Tertullian in the 3d. Chap. of the Book of the Crown, had made mention of the Answers of those which were Baptised; therefore he could have wished they had deferred the Baptism of Children, until they were in a state of being able to give an account of their Faith; which opinion St. Gregory of Nazianzen seemed also to approve. In the book of Sacraments of Gregory I. Pag. 73. it is demanded of the Party to be baptised, Do you believe in God the Father Almighty, maker of Heaven and Earth? He answers, I do believe. Do you believe in Jesus Christ his only Son our Lord, which was born, and suffered? I do believe. Do you also believe in the Holy Ghost? do you believe the holy Catholic Church, the Communion of Saints, the forgiveness of Sins, the Resurrection of the Body, and the Life Everlasting? I do believe. Do you desire to be Baptised? I do. Something to this purpose is to be read in the book of Sacraments, whereof I made mention in the foregoing Section, and in the place I noted. Besides, there's great probability that St. Peter made Allusion to this practice when he said in the 3d. Chap. of his first Epistle, that the Baptism whereby we are saved, is not that whereby the filthiness of the Flesh is washed, but the witness of a good Conscience in the sight of God the Resurrection of Jesus Christ. The Greek Word which we have translated Witness, signifies properly Interrogation. I add for a Conclusion of these matters, that those which were to be baptised were bound to recite the Symbol of their Faith, to renounce the Devil, to his Power, and his Angels; to acknowledge that they were by Nature Children of Wrath, and to show Repentance and Sorrow for their Sins committed during the time of their Ignorance, and if they were instructed in the knowledge of Heavenly things, they were also taught to live well, that is to say, holily, and in a way answerable to their Vocation. The Nature and Fruits of Baptism was explained to them. They had also some Light of the Eucharist shown them, because they did communicate presently after being baptised, and all these things were accompanied with Ardent Prayers to God as well to render him thanks for calling them to his blessed Communion, as to implore his Grace and Benediction on them at the very instant that he honoured them with the seal of his Covenant, and Sacrament of our Salvation. After all I have said, the perfect resemblance may easily be seen which is found in the Matter I Examine, betwixt our practice and that of the Ancient Church, if you except what regards Anabaptists, which appearing but in the last Century, could be neither the Subject nor Matter of any of the Decrees of the Cannon Law. CHAP. XII. Of the LORDS SUPPER. ARTICLE I. WHere there is not a settled Church, it is not permitted to celebrate the Lords Supper. CONFORMITY. The reason of this First Article is, because the Lord's Supper is so called by reason of the Communion of those which participate thereof, it is the Opinion of St. Chrysostom which he has thus Expressed, Hom. 21. Tom. 5. pag. 312. The Apostle calls it the Lords Supper, because all those which are invited, take it in common, with concord. The Author of the Commentaries on St. Paul's Epistles in St. Jerom's Works, saith, That the Lords Supper ought to be common to all: In 4 Cor. 11. The Lord's Supper, saith St. Isidore of Sevil, is so called, from the Communion of those which Eat of it, and the Communicants, from their assembling in Common; Orig. l. 20. pag. 132. thence it is that Justin Martyr writes in his first Apology that they assembled on Sundays from the Cities, and from the Country round about, to hear the Word of God, pag. 93. cum. 97. and to partake of the Holy Sacrament, and he also observes they sent some to the absent, to show doubtless the Communion they had together, and I can't tell but 'twas with respect hereunto that the Council of Laodicea conceived in these Terms the 58th. Cannon; Bishops nor Priest must not make Oblations in private Houses: that is to say, that they should not there Celebrate the Eucharist, which was not begun to be celebrated without Communicants till about the 12th. Century; Part. 1. c. 11. as I have sufficiently proved in the History of the Sacrament. II. Children under twelve years of Age shall not be admitted to the Lords Supper, but above this Age, it shall be at the discretion of the Ministers to Judge of those which shall be fit to be admitted or not. CONFORMITY. It may seem to be collected from the place in St. Justin Martyr, which I cited on the other Article, that only persons of Age, and not little Children were admitted to the Holy Sacrament, and it is very probable that Tertullian was of this Opinion, because he thought fit to defer the Baptising of Children for some years, as well as Gregory Nazianzen, as I shown on the foregoing Chapter; It's true that since the time of St. Cyprian until about the 12th. Century, Children were received to the Communion; but this Custom is justly rejected by those also of the Church of Rome, as well as Protestants: In effect, young Children are incapable of the Examination St. Paul requires of those which approach to the Holy Table. III. Priests, Friars and other Ecclesiastical Persons of the Church of Rome, shall not be admitted to the Lords Supper, until they have first made confession in public of their past life and profession. CONFORMITY. This practice is wholly conformable to that of the first Christians, It is not permitted unto any one whatsoever, saith, St. Justin Martyr, to partake with us of the Sacrament, unless he be fully persuaded of the truth of our Doctrine, that he has been Baptised to obtain Remission of his Sins with a new Birth, Apol. 1. p. 97, 98. and that he lives according to the Laws of Jesus Christ. iv Dignitaries which bear the Name and Title of their benefices, and those which therewith mingle Idolatry Directly or Indirectly, whether they enjoy their Benefices by their own hands, or by the hands of others, shall not be admitted to the Lords Supper. CONFORMITY. Those here described not being in the State nor Disposition desired by Justin Martyr, they cannot be received to the Holy Communion in a Christian Society, whose Doctrine they do not believe, or that don't gather themselves within the Laws, and under the Discipline observed in the midst of them. V Ministers shall be warned not to receive to the Lords Supper, Persons of other Churches, unless they have sufficient testimony from its Minister, or in default thereof from an Elder, if it possible may be. CONFORMITY. The Church has observed this Order from the First Ages; for the Council of Antioch in the Year 341 forbids in the Seventh Cannon, to admit of any Stranger without having Pacifick Letters. The Seventh Cannon of the First Council of Carthage Assembled under Gratus about the Year 348, speaks also more clearly, forbidding plainly both Clergy and Laity to communicate in any other Church without their Bishop's Letter; Lib. 2. c. 51. The Author of Apostolical Constitutions prescribes almost the same thing. Pag. 601, 602. In the Third Volume of the French Councils, there is a Synod of Nants, the time it held is somewhat uncertain, the Two First Cannons whereof are employed to confirm this same practice. VI A Man that's Deaf and Dumb, which by evident Signs, Tokens, and Gestures, showing his Piety and Religion what he can, may be admitted to the Holy Sacrament, when by a long Experience of the Holiness of his Life, the Church shall perceive he has Faith, and shall be truly taught of God. CONFORMITY. The Church never required of Communicants, more than a Holy Mind and Disposition; wherefore if it is found in a Deaf and Dumb Man, and that he gives signs of it, he ought to be admitted to the Sacrament, and when I speak of the Church, I mean that of the Primitive Christians; for in process of time, they imposed on Communicants an Obligation of Auricular Confession; especially since the days of Innocent the Third, who made the first Decree for it in his Latteran Council in the Year of Christ, 1215. VII. The Bread of the Sacrament ought to be administered to those which cannot drink Wine, in making protestation that 'tis not through contempt, and doing what they can possible towards it, by putting the Cup as near their Mouth as they possible can, to avoid giving any manner of Offence. CONFORMITY. This is a wise and charitable condescendence towards an insurmountable weakness of Nature; it was by this Principle the Ancient Church gave the Sacrament mixed and soaked, to those who lay at the point of Death, Apud. Euseb. l. 6. c. 44. so it was practised in the Third Century towards a certain Old Man called Serapion, who was a dying Penitent, for a Priest of Alexandria, sent by a Young Man, a little, or a Portion of the Sacrament, commanding it should be steeped, and put in the Old Man's mouth that he might swallow it down; but this was not done, but in case of great necessity; as Hugh Maynard a Learned Benedict in observes in his Notes on the Book of Sacraments of Gregory the First. The same favour was used towards Young Infants in the times as they were admitted to the participation of the Sacraments; and not that only, but Pope Paschal who succeeded Vrban the Second, in the year 1099 commanded that the Two Symbols should be distributed apart, except 'twere to little Children, and to such as are extreme sick, for to such he permits that they might be communicated with the Wine only, because they cannot swallow Bread, The charitable Indulgence then allowed by our Discipline towards such as have an invincible aversion and antipathy against Wine, ought not to be blamed. VIII. It remains in the Liberty of Ministers, in distributing the Bread and Wine, to use the accustomed words, the thing being indifferent, provided words are used that tend to Edification. CONFORMITY. When Jesus Christ gave to his Apostles the Sacrament of Bread, he said, this is my Body, and in giving them the Symbol of Wine, this is my Blood, or, this Cup is the New Testament in my Blood. As for the Apostles we do not find they said any thing. In the time of Justin Martyr, Apol. 1. pag. 97. the Giver, nor the Communicant said nothing, but the Deacons gave to the faithful Bread and Wine, which had been Consecrated; And 'tis gathered from Clements of Alexandria, Strom. lib. 1. pag. 271. that 'twas so practised at the end of the Second Century, sometime after, it was said to Communicants in giving them the Sacrament, The Body of Christ, The Blood of Christ. In the Sixth Century and after, it was said, particularly in the West, The Body of our Lord Jesus Christ preserve you to Everlasting Life; The Blood of our Lord Jesus Christ Redeem you to Eternal Life: Euchol. p. 83. The Greeks say at this time, You participate and communicate of the Holy Body and Precious Blood of our Lord and Saviour, Jesus Christ, for the Remission of your sins, and to Life Everlasting; Amongst us is commonly said, This is the Body of Jesus Christ, this is the Blood of Jesus Christ. The Church as any one may see, having at all times used a great freedom in this matter. IX. The Churches shall be advertised, that the Cup is to be administered by the Minister. CONFORMITY. As Jesus Christ Blessed and Consecrated his Eucharist, so he also administered it, for there was none but him, that did the Office and Duty of a Minister. A little more than a Hundred years after, Apol. 1. pag. 97. Christians received the Communion from the hands of Deacons, as we find by Justin Martyr, a practice observed a long while, but with some difference; and 'tis probable those who did so, grounded themselves on what is said in the VI chap. of the Acts, that Deacons should serve at Tables, as if by this Expression was to be understood the distributing the Sacrament at the Holy Table, whereas it means no more but the distributing of Alms and Charities, to Widows and Orphans, and in general to the Poor of the Church. After all, lio. de Coron. c. 3. Tertullian observes it was not received but of the hand of him which presided, that is to say, of Pastors, and probably 'twas in his time the use of the Churches of Africa, which doubtless were more conformable to the Example and Practice of Jesus Christ, to which we may add what is said by St. chrysostom in his Forty Sixth Homily on St. Matthew; The Priest only is permitted to distribute the Cup of the Blood of Jesus Christ: The Greek word designs also Bishops, as well as Sacerdos, which the Interpreter has used. X. Inasmuch as distributing the Lords Supper, several sick Persons came to receive, which occasions that several make scruple of drinking the Wine after them, the Pastors and Elders shall be warned to take prudent care, and give good Order therein. CONFORMITY. It is a prudent and cautious Establishment, to avoid greater inconvenience. XI. Those who have been a long time in the Church, and will not communicate of the Lords Supper if they do it through contempt, as for fear of being obliged to forsake all manner of Idolatry, after several admonitions, they shall be cut off from the body of the Church; but if it be by infirmity, they shall be borne with for some time, until they can be Established. CONFORMITY. There's nothing in this Article that differs from the practice of the Ancient Church, which obliged all those which heard the Word of God to participate of the Lords Supper; 'tis what is intimated by the Second Cannon of the Council of Antioch, Those which enter into the Assemblies, and hear the Holy Scriptures, but by a certain looseness, do not communicate in Prayer with the People, and deprive themselves of the participation of the Lords Supper, let such be cast out of the Church. The Ninth of those attributed to the Apostles, and which probably was borrowed of that of Antioch, is no less positive; All the Believers which enter into the Church, and that hear the Reading of the Scriptures, but which stay not for the Prayers, nor do receive the Holy Sacrament, let them be cut off, because they give offence to the Church. Thence it is that in the Eleventh chap. of the Eighth Book of Constitutions, called the Apostles, it is Ordained, That the Deacons should stand at the Doors where the Men sit, and the Vnder-Deacons of that of the Women, to hinder that no body go out during the time of the Oblation; that is to say, during the time of celebrating the Eucharist. XII. Those which frequent the Christian Congregations but on the Communion Day, shall be reproved, and warned to do their Duty, and even to this purpose, to join to one certain Church. CONFORMITY. The Author of Constitutions which go in the Apostles Names, prescribes to Believers, to frequent the Holy Assemblies not only when the Lord's Supper is celebrated, but also on all other Days, Lib. 2. cap. 59 there to attend on calling on the Name of God, in singing Psalms, and the hearing of his Word; The 80th Cannon of the Sixth Ecumenical Council does depose Churchmen, Tom. 5. Conc. pag. 344. and Excommunicate Lay Persons, who being in Town, pass Three Sundays without being present at the Holy Exercises made in the Assemblies of the Church. XIII. Those which make it their practice to hear Sermons in one Church, and to receive the Holy Sacraments in another, shall be advertised and sensured, and shall associate themselves to the nearest and most convenient Congregation, as shall be advised by the Colloque. CONFORMITY. In the time of St. Justin Martyr, Apol. 1. pag. 97. the Christians met together in one place from City and Country, not only to hear the Word of God, but also to receive the Holy Sacrament. The Council of aged in Languedock, which held in the Year 606, Tom. 1. Conc. Gall. cap. 21. p. 165. suffers those that are far from Parish Churches to have private Oratories for the ease of their Families, nevertheless enjoins them to be present at their Parishes on the chief and solemn Feasts of the Year. Charlemagne in his Capitulary of the Year 789, Tom. 2. cap. 9 pag. 157. requires it should be done on all Holy Days, and Sundays, and forbids private Persons to desire Priests to say Divine Service in their Houses on those Days. Ibid. cap. 45.46. p. 223 Theodulph Bishop of Orleans prescribes the same thing in his, in the Year 797; to this same Discipline may also be referred the Second Cannon of the Council of Nants, whereof I spoke on the Fifth Article. XIV. Although in our Churches the Lord's Supper is not wont to be celebrated above four times a year, yet it were to be desired it were celebrated oftener, the due Reverence thereunto belonging being observed, because it is very necessary that the most upright may be Exercised, and Mercies in Faith by the frequent use of the Sacraments, as also the Example of the Primitive Church doth teach us: And therefore the National Synod shall give Direction as the good of the Church shall require. CONFORMITY. The lukewarmness of Christians in Piety has been the cause that Communions have been less frequent than they were in the Primitive times. Therefore our Discipline has settled them at four times a year, desiring nevertheless that People were in a state fit to Communicate oftener. The Council of aged which I cited on the foregoing Article, reduces it to Three times in the 18th. Cannon. That of Autun, Can. 14. p. 71. in the Supplement of French Councils, doth the same in the Year 630. Atto Bishop of Verceil in the Tenth Century renews that of aged, in its Capitulary. Tom. 8. Spicil. c. 73. pag. 27. Ratherius of Verona in the same Century, speaks of Four times a year in his Synodal Epistle to the Priests of his Diocese, which is inserted by Don Luke De Achery in his second Spicilegium. Peter de Cells in his Treatise of Monastical Discipline, which is in the Third Spicil. writes, pag. 94. That 'tis sufficient for a Lay Person to communicate once a year. The Council of Trent in the Thirteenth Session under Julius the Third, Anno 1551, the 11th of October, Anathematises in the Ninth Cannon, Tom. 9 Co●c. p. 382. all those that shall deny that Believers of both Sexes are obliged to communicate at Easter, at least once a year, although in the 22th Session, which is the Sixth under Pius the Fourth in the Year 1562, and the 17th of September, Ib. p. 40●. touching the Doctrine of the Sacrifice of the Mass, chap. 6. The Synod desires that all the Believers which are present should communicate, not only by a Spiritual affection and desire, but also by a Sacramental participation, which Cardinal Borrome has not failed to observe, and confirm, in some of the Councils which he held at Milan. ●●. p. 453, 517, 549. I almost forgot the Fiftieth Cannon of the Council of Tours, assembled Anno 813. That Lay Persons communicate at least thrice a year, if they cannot receive oftener, unless that they were hindered by some great Sin; which is repeated word for word in the 45th. chap. of the Second Book of the Capitularies of our Kings. Theodulphus Bishop of Orleans, contented himself at the end of the Eighth Century, to warn Believers that they should not abstain too long from receiving the Holy Sacrament, and to procure the qualities fit and necessary when they intended to approach to so great a Sacrament. Ib. c. 44. pag. 223. Honorius of Autun observes in the Tenth Volume of the Library of the Holy Fathers, pag. 1198. that 'twas agreed on by reason of worldly Men, that one should communicate either every Lords Day, or every Third Sunday, or on great Holy Days, or three times a year. CHAP. XIII. Of MARRIAGES. ARTICLE I. THose which are under Age cannot Contract Marriage without consent of their Father and Mother, or others under whose care they are committed, nevertheless if their said Father and Mother be so unreasonable as to refuse to agree to a thing so Holy and Profitable, even doing it in hatred to Religion, the Consistory shall advise the Parties to have their recourse to the Magistrate. CONFORMITY. The Discipline of the Ancient Church has provided for what ours doth here enjoin, and hath taken care to keep Children in the respect and obedience which they own to their Parents, forbidding them to marry without their consent, and 'tis not only in regard of Children it does so, but also in regard of all such as are under Tuition of others; It is the matter and subject of the 42 Cannon of St. Basils' second Canonical Epistle. Tom. 3. p. 33. Marriages made without consent of those under the power of whom one is, are Fornications, those than who marry during the Life of Father, or Guardian, are not excusable till their consent be had, for then the Marriage becomes lawful, and receives the virtue which it ought to have: This Cannon is as 'twere an abridgement of Two preceding ones, as is observed by Balzamon and Zonares, Greek Canonists, who pretend that Marriage is void without the consent I but now speak of, and that it ought to be dissolved. The 23th Cannon of the same Epistle is also very full to this purpose, Maids which follow their Lovers without consent of Father, etc. live in Fornication, but if Father and Mother are reconciled to them, the thing seems to be settled in a good state by this remedy; nevertheless that they be not admitted to partake of the Lords Supper until after three years' Penance: Whereupon the same Greek Canonists , observe, that the consent of Parents, that is to say of Father and Mother, doth change Fornication into lawful Marriage, without departing at all from the censure contained in the Cannon. The 22th Cannon of the Fourth Council of Orleans, Tom. 1. Conc. Gall. p. 265 Ib. p. 316 pag. 5●4. in the Year 541, prohibits the taking a Maid in Marriage without consent of Father and Mother, the Sixth of the Third Synod of Paris, Anno 557 forbids also the same thing. The Third Council of Toledo made a like Decree Thirty Two years after the Synod of Paris, and 'tis still to be seen in the Fourth Volume of the Councils, and in the Tenth Cannon, it is to what amounts the 358 chap. of VII. Book of the Capitularies of Charlemagne, and Lewis the Debonnaire. Photius Patriarch of Constantinople says the same in the Fifth of his Letters taken out of an Ancient Eastern Manuscript; there is not so much as the very cheat that has forged Two Decrees in the Name of Pope Evaristas, pag. 391. but has in the first of them taught the same Doctrine, and word for word as it is expressed in the Capitulary, but now cited; so that of necessity one must have borrowed it of the other. It is easy to judge after all I have hitherto said, Whether the Council of Trent does march in the steps of the Ancient Tradition, when in the 24th Session, which is the Eighth under Pius the Fourth, in the Year 1563, and in the First chap. of the Decree touching the Reformation of Marriage, Tom. 9 Conc. p. 411. It anathematises those which affirm Marriages contracted by Children without consent of the Father and Mother are void, and that the Father and Mother may break or ratify them: a Condemnation wherein Pope Celestin the First is concerned if we believe what Gratian reports of him in the First Volume of the Councils, cap. 4. p. 910. Whereas our Discipline adds, That if Fathers and Mothers should be so unreasonable as not to consent to so holy and profitable a thing, the Consistory may advise the I arties to have their recourse to the Magistrate; it says nothing therein but what is agreeable to the Ancient Practice, as we find by the Letter of Photius, pag. 392. which I mentioned; for he declares that then the Judge may take cognizance of the Marriage, and declare it lawful, in preferring the protection of the Children, and their lawful desire, before the perverseness of Father and Mother. II. As for those which are of Age and in possession of their own Rights, they shall be warned by the Ministers and Public Assemblies of the Church, not to make any promise of Marriage but in presence of their Parents, Relations, Neighbours, and good Friends; and those which do otherwise shall be sensured of their lightness, and slight of the said warning; and 'twere to be wished the said promises of Marriage were made with invocation on the Name of God. CONFORMITY. This Establishment was made to prevent Clandestine Marriages; there are put into the First Volume of the Council, some Decrees attributed by Gratian to Pope Celestine the First, which in the 4th, ordains that Parents of both Sexes should be present to witness the Marriage. Paulinus Bishop of Aquilea, in the Council he caused to assemble in a part of his Diocese called forum-Julii, desires the Neighbours and chief of the place, should be present at Contracts of Marriage, to prevent the mischiefs may ensue by Clandestine Marriages. The Council of Trent in the 24th Session which I mentioned on the other Article, and in the same Decree of Reforming Marriages, chap. 1. Will, That it be done in presence of the Curate, or some other Priest that supplies his place, and of Two or Three Witnesses; Which thing is renewed by Cardinal Borrome, in the Fifth and Sixth Councils of Milan. III. Believers which are of Age, although they have been married, yet shall so far honour their Father and Mother, as not to conclude upon Marriage without first communicating it to them, and for not so doing, shall be sensured by the Consistory. CONFORMITY. We have already seen on the First Article, That Children under Power of Father and Mother, cannot lawfully contract Marriage without their consent. In this there is mention of those which have already been married, and who being desirous to marry a second time, aught in civility to impart it to them. St. Ambrose in the Ninth chap. of the First Book, touching Abraham requires that the Widow Woman which intends to remarry, should refer to Father and Mother to make choice of the Person which she ought to marry. Balzamon and Zonaras explaining the 42 Cannon of St. Basils' second Canonical Epistle, distinguishes Widows which are under the power of any Relation, from those which depend only of themselves; And for these last, they pretend they are at liberty to marry to whom they please, so it be in the Lord, and according to the Laws and Cannons; but as for the others, they think they ought to have the consent of those under whose Tuition they are, and who, without it, have right to dissolve the Marriage. There is in the Third Tome of the Councils a Decree Attributed to some Council of Arles, pag. 823. where there's mention of the Marriage of Widows, and of the consent of Fathers and Mothers. iv Fathers and Mothers making profession of the Reformed Religion, whose Idolatrous Children would contract Marriage with Idolatrous Wives, shall be warned as much as possible to divert their Children from such Marriages; and especially when they are not too hasty, the Fathers shall employ their Paternal Power to hinder them; if they cannot prevail with them, being present when contract marriage is passing, they shall declare to have abhorrence of the Idolatry wherein their Children do more and more plunge themselves; which being done, the said Fathers may consent to the promises and conditions concerning the Portion, and the like; and shall represent in Consistory the endeavours they have used to prevent such marriages. CONFORMITY. We shall see on the Twentieth Article that it was prohibited to the Orthodox to marry with Persons of a contrary Religion, unless they promised to embrace the Orthodox Religion, and that they should accomplish their promise before Marriage; therefore the Fathers and Mothers could not consent to such Marriages but under the Conditions enjoined by the Cannons. It cannot then be said that our Discipline differs from that of the Ancient Christians in the Matter which we Examine, and the which shall receive farther Explanation from what shall be said on the Twentieth Article. V Henceforward shall be used in promises and Contracts of Marriage, terms of the Future Tense; and the said words shall not be esteemed so binding as words of the Present, seeing words of the Present do not promise Marriage; but does it in effect; nevertheless these promises by words of the Future, shall not be dissolved without great and lawful causes. CONFORMITY. Of all the Articles of our Discipline, there has scarce any one been so often touched by the National Synods as this, by reason of the difference which is found betwixt the Ancient and Modern way of Marrying; for formerly the promises of Marriage were made by words of the Present, and now they are made by words of the Future Tense, according to the Laws of the Kingdom, and the Establishment of this same Discipline. I find nothing in the first Ages of the Church that can inform me the manner that was used in contracts of Marriage, that is to say, whether promises of Marriage were conceived by words of the Present, or by words of the Future Tense: I only judge by things happened in the latter Ages, that in some places these promises were made by words of the Present; which at last was forbidden. In effect, Tom. 11. Spicil. p. 205. in the year 262. Nicholas Gilant Bishop of Angers, made this Synodal Decree, We appoint our Priests that they do not consent, but to forbid publicly in their Churches, to contract Marriage by words of the Present, until one be come to the Nuptial benediction. The Fifth Council of Milan under Cardinal Borrome ●●●scribes the same thing in the Year 1●79. Tom. 9 Conc. p 633. VI As for Consanguinity and Affinity, Believers cannot contract Marriage, any other way than is permitted by the King's Edict. CONFORMITY. When one lives in a Country, one must submit to the Laws Established for the quiet of the Subjects, as to what concerns the things of this Life; and 'tis by this maxim that we carefully observe the Edicts and Laws of our Kings touching the Degrees of Affinity and Consanguinity in marriage. VII. It is by no means Lawful to go to the Pope to demand to be dispensed in the hindrances of Marriage, because in doing hereof one owns his Tyranny, but one may in a Degree not forbidden of God, though prohibited by the Civil Power, Address one self to the King. CONFORMITY. As we do not acknowledge the Pope's Power, we do not vouchsafe to Address ourselves to him to obtain any dispensings touching the hindrances of marriage: It is to the King we Address ourselves to be dispensed of Degrees forbidden by the Civil Law of his Kingdom, and not by the Word of God. VIII. The Cognations called Spiritual, are not so much as comprised nor understood by the Words of Consanguinity or Affinity in the King's Edict, and cannot hinder the contract of Marriage. CONFORMITY. The more I read our Discipline, the more I therein find a resemblance with that of the Ancient Christians, I speak of Christians of the first Centuries; for those which have applied themselves to the reading Ecclesiastical Antiquity, might perceive the changes that have succeeded in process of time in the Ancient Discipline, as well as in the Doctrine, the Establishment I am about to Examine is an Authentic proof; for until the 7th. Century or at least to the end of the 6th. it was never thought of to propose in the works of Ecclesiastical Writers, nor in Councils, Spiritual Cognations, as lawful hindrances of wedlock. If the Epistle attributed to Pope Deus-dedit were true, it would not be denied that since the 7th. Century, these pretended Spiritual Cognations were admitted in the Church, but 'tis most certain 'tis false and spurious, it needs only to Read it to find that 'tis false and forged, besides that a good while since, Pseudoisid. pag. 676. the late Mr. blondel has showed clearly in the Judgement he gave of it, that 'twas the work of a Cheat and Impostor. I know there is in the 2d. Volumn of the works of Gregory the Great, certain Decrees in one of which one Anathematises him that shall have Married his spiritual Gossip, so that if these Cannons are truly his, one must own that these spiritual Cognations has been used in the Latin Church since the latter end of the 6th Century; but what makes me doubt if these Constitutions were his, is, that Dom. Luke D' Achery who has caused them to be printed in the 2 Volumes of his Spicilegium, amongst an Ancient Collection of Cannons, which he thinks to have been Antecedent to the 9th. Century does indeed represent them under the Name of Gregory, but something dubiously, not saying of what Gregory, so that they may as well be of some other Gregory; for Example, to the second, or third, and so the one must come down to the 8th. Century in which the one and the other filled the Roman See. In effect, in that Century, Tom. 2. conc. Gal. p. 5. spiritual Affinity were frequently in the West a hindrance of Marriage, as appears by the first Cannon of a Synod held at Metz under Pepin in the year 753 by the 5th. Chap. of the 5th. Book of Capitularys, Ibid. p. 15 and by the answer of Pope Stephen the 2d. to the 4th. Question was made him on this Matter, as also by the 12th. Cannon of the Council of Compeigne, Anno 757. Ibid. p. 43 Since that time the Latins has almost always prohibited marriages of persons betwixt whom there was any spiritual affinity, as for having presented a Child together to be Christened. I observe nevertheless in the 10 Century, that a certain Bishop called Azo, Tom. 8. Spicil. p. 113. ad 118. maintained by the holy scriptures, against Atto Bishop of Verceil, that these spiritual affinities were not sufficient to hinder Marriage, whereas Atto did not defend himself to any purpose, but by the Laws and Customs of Princes and Sovereigns, especially by that of Luitprandus who Reigned then in Italy. It is not therefore to be wondered if the Council of Trent Authorised this sort of Affinities the 11th. of November Anno 1563 in the 24th. Session, Tom. 9 conc. pag. 412. under Pius the 9th. as is explained in the second Chap. of the Decree of Reformation of Marriage; although at the end of the 9th Century it was not exactly observed in all the West, as appears by the Cannons 47 and 48 of the Council of Tribur, of which I will speak of on the 13th. Article. The Greek Church would in nothing come behind the Latin in this matter; for at the end of the 8th Century, the 6th. Ecumenical Council assembled at Constantinople made a decree, when after having established that the affinity of the Spirit is more considerable than that of the Body, the Fathers declare it is come to their knowledge, that in some places, those which have presented Children to be Baptised, do after marry the Mothers of those Children, when they are become Widows, which the Council forbids to be done for the future, and do even make null Marriages of this kind, which shall be made after the Prohibition' and condemn those which contract them to the punishment of Fornicators. We learn by this Decree, that till then no difficulty was made in divers Places to make these kinds of marriages, and to pass by the consideration of spiritual Cognations which might be betwixt those as made them. Nevertheless since the 6th. Century, the Emperor Justinian had ordained that spiritual Cognation should be a lawful hindrance of Marriage, Lib. 5. Cod. Just. tit. 4. cap. 26. although the Greek Church made no Decree before that I but now cited and which is after that of Justiniam above a 100 years. Also the Greek Canonists which have searched the Original of this custom, have gone no farther than the Cannon of Constantinople, and the law of this Emperor. But what surprises me is to see Pope Nicholas the first in his Answer to the Interrogatories of the Bulgarians, in not making these Impediments of Marriages proceed from the Decrees of his Predecessors, but from the laws of Princes and Sovereigns, as if what the Church has done in this occasion was only the Execution of the command of Kings and Emperors. I will say nothing of the Arabian Cannons, attributed to the first Council of Nice, the 21th. and 23th. of which treat of spiritual Cognations, because by confession of the Learned which have any candour and sincerity, these are forged Cannons, and were forged several years after the Council of Nice. It is better I should finish the examining of this Article by this remark, that when our Discipline declared that these cognations, called spiritual, hindered not to contract Marriage, it followed the steps of the Primitive Christians to whom this sort of Affinitys and Relations was unknown for the first 6 whole Centuries, or little less, for towards the end of the 6th. the Emperor Justinian made a Law, but 'twas not soon observed in the Church. IX. It is not lawful to Marry the Sister of the deceased Wife, such Marriages are forbidden not only by the Laws, but also by the Word of God. And altho' by the Law of Moses it was ordained that if the Brother died without Children the Brother should raise up seed to his Brother, nevertheless such a Law appointed for the People of Israel, was temporal, regarding only the preserving a Lineage of the said People. There is another Reason in the Sister of the deceased Married Person, in as much as the Alliance is not contracted by commixture of Blood, therefore such a Marriage ought to be received and approved. Nevertheless heed must be taken, the Magistrate and weak Brethren be not offended. CONFORMITY. The 19th. of the Cannons that go in the Apostles Names, does not admit him into holy Orders that has married two Sisters, whereupon Balsamon observes, that such a marriage is Null. And the 2d. of the Synod of Neosesaria, assembled as is thought, in the year 314. Excomunicates for life, her that shall have Married two Brothers; that is to say, that shall have Married them one after another; but if in danger of Death, she promises to break the Marriage when she is recovered, the Synod by movement of pity, shall admit her to do Penance, whereas it declares, that if she or the Husband die in this Marriage, the Survivor shall scarce be admitted thereunto. St. Basil in the 2d. or 3d. of his Canonical Letters, also condemns Marriages made with two Sisters successively; he also explains himself more clearly in a Letter he writes to Diodorus of Tarsus, and which is in the 2d. Tom of the of the Greek Pandects printed at Oxford of late years; and 'tis the 197 amongst St. Basil's Letters; upon this Letter Balsamon observes, that it has no great need of Interpretation, because in his time there was no Christian Man that would contract such Marriages; that it may be was true in regard of the Greek Church which suffered it not, but not in regard of the Latin, where the Bishops of Rome grant Dispensations for two Brothers and two Sisters to marry, and I admire Balsamon knew nothing of it, or if he did, that he said nothing of it; seeing that even in the Age he lived, that is in the 12th. Century, there is found amongst the Latins, these kind of marriages. The Friar Blastares in the same Tome of Pandects but now mentioned, Pag. 68, 59 Lett. ●. c. 9 follows the Authority of Ancient Cannons, which prohibit the Marriages we now Treat of. Avitus of Vienna doth not otherwise, in his 14.15. and 16. Letters. I may also allege against these same Marriages, a great number of other Cannons, as the 18th. of the first Council of Orleans of the year 511, the 65 of of that of aged in the year 506, the 30 of that of Epaume in the year 517, the 21 of the 2d. of Tours, Anno 567, the 30 of Auxer in the year 578, and several others which are, as well as these, in the first Volumn of French Councils, by Sirmondus; but it sufficeth what I have hitherto said, I shall only add, that I find not in any of the Cannons, nor in others made a long time after on the same subject, I say, I do not find, there has been reserved to Bishops, nor to Popes, the right of dispensing in these occasions, because such marriages are prohibited, not only by Humane, but by Divine Laws, as the Fathers of the 2d. Council of Tours do plainly acknowledge, in the Cannon I but now mentioned. But if it be prohibited to marry the sister of the Deceased Wife, our Discipline does not condemn marrying the sister of one contracted, that is dead, because it supposes that an Alliance is not consummated but by Commixtion of Blood, or as St. Austin speaks in Gratian, Cap. 27. q. 2. by commixture of Sex, saying, without this Accouplement there's no Marriage; nevertheless this Discipline enjoins to Act so as not to give distaste to the Civil Magistrate, nor weak Brethren scandalised, there can nothing be more prudent, nor more Circumspect. Pope Alexander the 3d. in the Appendix of the Council of Latran, Anno 1180, reports this Decree from one Benedict his Predecessor, of whom it had been demanded if one might marry the sister of one he had been contracted too, who died before accomplishment of the Marriage, Tom. 7. conc. pag. 692. We order and command by Apostolical censure, that it may be done without danger; for wherefore should I forbid what the Scripture never says was prohibited, and that the very Laws of the Land say nothing against, when they reckon up the persons betwixt whom it is not lawful to contract Marriage; and this shows by the way, cap. 27. q. 2. that the Decrees which Gratian attributes to Julius the I. and to Gregory the I. are but forged Decrees, or at least that they were of no use in the Roman Church. X. The betrothed may not Marry the Mother of his betrothed, deceased. CONFORMITY. This Article having something in it of the Nature of the former, it is with great Justice the Rules of our National Synods refer it to the Magistrate, without whose Authority they will not have us proceed in our Churches to the Celebration of such Marriages as are now treated of; see here how the National Synod of Charanton in the year 1644, cleared up the Article, The betrothed may not marry the Mother of the betrothed, defunct, unless it be so that the Magistrate has authorised it by his Order, which shall be known as well by the Pastor, as by the Parties contracting, which is so much the more reasonable, as that the Laws of Emperors formerly prohibited such Marriages. XI. Neither shall it be lawful for any one to marry the Aunt of his Wife, such marriage shall be Incestuous, and though the Magistrate should suffer it, yet shall it not be celebrated in the Church; to which the Pastors shall take great heed: And by the same reason is prohibited to marry the Niece, of his deceased Wife. CONFORMITY. Our Discipline looking upon the marriage of a man with his Wife's Aunt to be Incestuous, it hath reason not to suffer it to be celebrated in the midst of us, whatever permission the Magistrate may give for the same, because the Authority of the Magistrate cannot render a marriage lawful which of itself is Incestuous. The Ancient Cannons have not fully explained themselves on this matter, nevertheless they have so well understood the nature of Incestuous marriages, that I make no doubt but they would have included in the number that which we Examine; at least it appears to me it may be so gathered from their conduct in such like Occasions. However it be, Ep. 1. ad Bonifac. Tom. 5. Conc. pag. 497. I can't tell, but Pope Zachary, who condemned the marriage with the Widow of his Uncle, would also have condemned it with the Aunt of his Wife, deceased. The Authors of our Discipline, treat after the same manner, Marriage with the Niece, and second Niece of ones Wife deceased; the reason is, because the Husband and Wife by Marriage become one Flesh, and as it may be said, one Person, and so by reason of this straight and intimate Union, the Aunts and Nieces of one, are the Aunts and Nieces of the other; now marrying with the Aunt, and Niece, or second Niece, is forbidden not only by the Word of God, but also by the Discipline of Ancient Christians, as may easily be proved by a great number of Cannons, if it were necessary; but because the thing is without difficulty, To. 5. p. 306, 307. I'll content myself to show that St. Ambrose highly condemns marriage with the Niece, in his 48 Letter, Book 6. Gregory I. Collect. Rom. p. 2. pag. 46. & 94. does Anathematise it in a Roman Synod. The Popes, Eugenius XI. and Leo iv in the 9th. Century, does the same as Gregory I. did in the 6th. having each of them held a Synod at Rome, where Anathema is pronounced in the 38th. Cannon, against those that marry with their Nieces. Nevertheless Popes at this time are not so scrupulous, nor so observant of the Decrees of their Predecessors, but that they have sometimes dispensed an Uncle to marry his own Niece, we have seen examples of it in our Days, altho' the Holy Scriptures expressly forbidden it; and as for marrying with an Aunt, Tom. 2. Conc. Gall. p. 5. it is also reckoned amongst Incestuous Marriages, by the first Cannon of the Synod of Mètz in the Year 753. XII. As for Marrying one's Wives Brother's Widow, Civility nor Decency will not permit it. CONFORMITY. All the Cannons of the Councils of France, which I cited on the 9th. Article, and many others which I have not alleged, do absolutely forbid marrying one's Brother's Widow; but I have not met with one that has spoke of marrying one's Wives Brother's Widow; Our Discipline also says no more of such a Conjunction, but only that it is contrary to the Laws of Decency, and Gentility; nevertheless because the Magistrate in these occasions, has power to overpass these Considerations, of Civility, and Decency; the National Synod, whereof I spoke but now and whose direction I cited on the 10th. Article, does absolutely refer the decision of the Case to the Civil Magistrate, in these terms: The Churches shall make no difficulty to confirm such Marriages, if it appears that the contracts has been before duly authorised by the Magistrate. XIII. No man may after the death of his Wife, marry her with whom he committed Adultery in his Wife's life time, unless such marriage was authorised by the Magistrate. CONFORMITY. St. Basil in his 2d. Canonical Epistle to Amphilochius teaches the same thing, Can. 39 Tom. 3. & in Pandect. Graec. according to Balsamon's Explication. The Friar Blastares in his Alphabetical Collection of Cannons, is of the same mind, Tom. 2. pag. 97. as he explains himself in the 8th. Chap. of the Letter B. However our Discipline that condemns such a marriage, nevertheless suffers it to be celebrated if the Magistrate appoints it. The Council of Tribur, Tom. 7. Conc. c. 71. p. 157 which was formerly one of the King's Houses, not far off of Mayance, this Council assembled Anno Dom. 895, under the Emperor Arnulphus, made this Decree, which agrees very well with that I now Examine; We appoint and publish by one consent, according to the difinitions of Cannons, that if any one has committed Adultery with another Woman during her Husband's Life, and that this Husband comes to die, this unlawful access shall be forbidden him by Judgement of the Synod▪ to the end he should not marry her with whom he had before committed Adultery; for we will not, and 'tis not suitable to the Christian Religion, that any one should take to wife her whom he had before defiled with Adultery: and as for the Caution given by our Discipline in regard of the Magistrate, the Fathers of Tribur have not passed it in silence; for in the manner they speak to King Arnulphus in the preface, they give plainly to understand, that they were persuaded that it was a civil case, wherein the Prince might Exercise his Power. XIV. It being so, that the principal occasion of Marriage is to have Issue, and propagate, and to avoid Fornication, and Adultery, the Marriage of a Man known to be an Eunuch, cannot be allowed of nor solemnised in the Reformed Church. CONFORMITY. The Council of Verbery in Vallois, requires Marriage should be Dissolved for insufficiency of the Husband, Tom. 2. conc. Gall. c. 17. pag. 4. being complained of by the Wife and duly proved, to whom the Synod permitts to do what she will, that is to say, Ibid. c. 2. pag. 14. to remarry: Pope Stephen the second however two years after, prohibits separation for cause of insufficiency, nevertheless he order dissolution if one of the parties be tormented with the Devil, or infected with Leprosy, wherein he followed not the sentiment of Gregory the second his Predecessor, Ep. 9 ad Bonif. c. 2. l. 1. conc. Gall. pag. 519. who about 30 years before suffered a man to separate from a woman who was insufficient, and to remarry with another. The 55th. chap. of the 6th. Book of Capitularies of Charlemagne, gives the same liberty to the woman, if the man be insufficient, which Isaac Bishop of Langres repeats in the 13th. chap. of the second Treatise of his Cannons. Tom. 3. conc. Gall. pag. 673. Photius a Writer of the 9th. Cenury and Patriarch of Constantinople, speaks no otherwse in the 13th. Title, chap. 4th. of his Nomocanon; It's true he requires this separation be made after having suffered three years her Husband's insufficiency, and in the first of his Letters taken out of an Ancient Eastern Manuscript, he sets down insufficiency as a lawful cause of separation, with free liberty to the other party, whither the Man, or Woman, to remarry. XV. Marriages shall be proposed in the Consistory, with sufficient attestations of promises. CONFORMITY. This Establishment is to prevent Clandestine Marriages. I will show on the 19th. Article, that it is conformable to the Ancient Discipline. XVI. Baines shall be asked in places where the Parties do reside and are known, and if they will be Married in some other place than where their Banes have been called, they shall take sufficient attestation that they have been published three several times. CONFORMITY. Pope Innocent the third making Answer to the Bishop of Beavais, in the 4th. Book of Decretals, Tit. 1 de Sponsal. cap. 27. makes mention of a publication of Banes, and in the Council of Latran which he assembled in the year 1215, he appointed that the Custom of publishing Banes of Marriage in Churches, observed in some places should be generally observed in all places: Tom. 7. conc. cap. 51. p. 818 accordingly we Read in the second volume of Dom. Luke D' Achery a Benedictine Frier Spirilegium, that Nicholas Bishop of Angers, prohibited in the year 1270, pag. 217, 221, 222. to confirm or celebrate any marriage whatsoever, until publication was first made of it in the Church, he also mentions the same practice in another Synod in the year 1274, Ib. p. 255. Tom. 9 conc. pag. 411. Decret. de refor. Matrim. cap. 1. which William his successor also renewed in the year 1304. The Council of Trent in the 24th. Session the 11th. of November, 1563. the 8th. under Pius the IV, prescribes also the same thing. Cardinal Borrome failed not to confirm this custom, and to recomend the observing of it in his Councils at Milan, and 'tis to be observed the testimonies I have alleged, require that publication shall be made in the Churches of the parties contracting. XVII. Banes shall be published three several Sundays in places when there is Sermons, and in other places when public prayers may be said. However, the Publication ought to continue the space of 15 days, after which time the Marriage may be Solemnised in the Assembly, and even on the third Sunday. CONFORMITY. The same Testimonies I alleged on the foregoing Article, do prescribe in substance, the same thing as our Discipline doth; for some will have it, that the publication now spoke of, should be made in a certain time, which should give leisure to those who would oppose a Marriage, to prepare their Reasons; others that Banes should be asked several times on Holidays, others to the Number of three several times. XVIII. Those which live in places where the usual Exercise of Religion is not Established, may cause their Banes to be published in Romish Churches, inasmuch as 'tis a matter partly political. CONFORMITY. The publishing of Banes being a thing merely political, our Discipline had reason, when it suffered those of our Religion, in the case hinted at, to have them done in Temples of the Romish persuasion. XIX. The Churches shall not Marry any body without having full knowledge and approbation. CONFORMITY. Besides what I have said on the second Article, it appears by the first Cannon of the Council of Laodicea, that Clandestine Marriages were condemned even in that time. There is in the third Volume of Councils, a Decree of Pope Hormisdas taken out of Gratian, and is conceived in these Terms; Can. 2. pag. 801. That no Believer of what quality soever, do not Marry clandestinely and in secret, but let him Marry publicly in our Lord, Tom. 3. conc. Gal. pag. 116. Tom. 7. conc. pag. 818. in receiving the Priest's Benediction. This Hormisdas was Pope in the beginning of the 6th. Century. Herald Bishop of Tours makes the same prohibition in the 130 chap. of his Capitulary Anno Dom. 858. and the 15th. Can. of those which Pope Innocent the third proposed and caused to pass at the Council of Latteran in the year 1215, contain the very like constitution. It is therefore that in our Churches, no Stranger is Married without having a good attestation from the Church whereof he is member, to know if the Banes have there been published three several Lords days without any opposition. Cardinal Borrome in his second Council of Milan, Anno Dom. 1569, Decree 26, will have it so practised, Tom. 9 conc, pag. 590. according to the Ordinance of the Council of Trent. XX. When one of the parties is of a contrary Religion, the promises of Marriage shall not be received nor published in the Church, until the party of contrary Religion be sufficiently instructed, doth protest publicly in the Church of the place where the said party is known, that with full resolution he renounces all Idolatry, and Superstition, particularly the Mass, and will by God's assistance persevere therest of his life, in his true worship and service, of which instruction the Consistory shall take account. And it shall not be lawful for any Pastor or Consistory to do otherwise, under pain of being suspended, and even of being turned out of their office. CONFORMITY. Even from the first Ages of Christianity, the Orthodox were forbidden to Marry with Persons which were not of their Communion, but of some other Sect which was looked on as Heretical and contrary. Tom. 1. conc. pag. 234. The Council of Elebori, or Eluira in Spain, in the year 305, employs to this purpose the 6th. of its Cannons. The 10th. and 31st. of Laodicea about the year 360, treat of the same thing; But the 14th. of Chalcedon is more full; for it prohibits those kind of Marriages, unless him that intends to Marry an Orthodox Maid, Let. G. c. 12. doth promise to be converted to the true Faith: The Friar Blastares in his Pandects printed at Oxford, of whom I have spoke already, explaining this Cannon of Chalcedon, makes two considerable remarks; first, that the Consummation of Marriage now spoke of aught to be deferred until the Heterodox party has accomplished his promise; the second, that the same thing is to be required of Latins (that is, to say of those of the Church of Rome) when they desire to marry Women that are Orthodox; an evident proof that the Latin Church was esteemed a Hetorodox Church by the Greeks, in Blastares' time, which was in the XIV. Century. I may allege several other Cannons against the Marriages now spoke of, Tom. 1. conc. Gall. pag. 231. 242. as the 72 of the 6th. Ecumenical Council at the end of the 7th. Century. The 19th. of the 2d. Council of Orleans in the year 533. the 6th. of that of Auvergne, assembled 2 years after, and the 25, and 26 Decrees of the 1 Title of the 2d. Council of Milan, which I cited on the foregoing Article. If from Councils we pass to Ecclesiastical Writers, Tom. 1 p 239, 240. we shall find several which have explained themselves after the same manner. St. Ambrose in the 9th chapter of his first Book touching Abraham speaks so clearly, Tom. 2. p. 1071. and alleages such strong Reasons that 'tis not to be doubted but he condemned Marriages, contracted betwixt Persons of different Religions; it is what he teaches also on the 118th Psalm, and according to the Hebrews the 119th. pag. 232. And in the 24th Epistle of the Third Book in the 5th Volume of his Works, he is not far from this Opinion. The Deacon Hillary in the Third Volume of the Writings of the same St. Ambrose, explains the words of the 39th verse of the 7th chap. of the 1st Epistle to the Cor. Let her marry in the Lord, by these, to a man of her own Religion; and Balsamon, to an Orthodox, Lic. G. c. 4. in interpreting the 41 Cannon of the Second Canonical Epistle of St. Basil; Blastares on this same Cannon, to a believing man. XXI. If one of the Parties that desire to be Married is Excommunicated, the Marriage shall not be admitted in the Church unless the Excommunicate Person makes confession of his faults. As for those which are suspended from the Lords Supper, the Consistory may permit them to marry notwithstanding the suspension, however having good reason for it. CONFORMITY. Excommunicate Persons not being looked upon as Members of the Church during the time of Excommunication, it is absolutely necessary they should make public acknowledgement of their faults, to repair the Scandal they have committed, before one can proceed to Celebrate their Marriage; And I have shown on the 11th Article of the 11th Chapter, that they were not so much as suffered to present a Child to Baptism. XXII. The Panes of Widows which remarry shall not be published in the Church till Seven Months and half at least after the Decease of their Husband, to avoid the Scandals and inconveniencies may happen by it; unless it so happen that the Magistrates Order may interpose to the contrary. CONFORMITY. Herraid Bishop of Tovers in his Capitulary of the Year 858, Tom. 3. Conc. Gall. cap. 41. p 113 Tom. 2. Bibl. Jur. Can. Just. p. 1075. ad 1078. Litt. B. c. 8. & G. c. 4. assigns but 30 Days, but Photius in the 2. chap. of the 13. Title of his Nomocanon, requires there should be a years mourning before a Woman should marry again, unless the Prince suffer her to marry in the first year of her Widowhood, or that she had not lain In till the end of the year. The Friar Blastares of whom I have so often spoke, proves this same practice by the Laws of Emperors, and also doth Photius, to which our Discipline well agrees. XXIII. Marriage shall be celebrated publicly in the Company of Believers; and that by the Ministry of the Pastors, and none else. CONFORMITY. It is a very long time since Christians have been wont publicly in the Church to cellebrate Marriage, seeing Tertullian in the Fourth chap. of his Book of Pudicity, causes those which have not done so, to pass for Adulterers and Fornicators, and in the Eighth chap. of the Second Book he writes to his Wife, he publishes the happiness of those which the Church has blessed, this benediction preventing the course of private Meetings, Tom. 1. Conc. & Ann. 358 pag. 728. Tom. 3. and of Clandestine Marriages. Thence it is the Fourth Council of Carthage orders Fathers and Mothers or the Bridegrooms, to present the Bride and Bridegroom whose Marriage is to be Celebrated. Pope Hormisdas in the beginning of the Sixth Century appoints also it should be done publicly in the Church. There is in the Book of Sacraments of Gregory the First, which Maynard a Benedictine Friar has Printed, pag. 286. a whole Liturgy about Cellebrating Marriage, which was taken out of a Manuscript of the Church of Rheims. The Deacon Hillary in the Third Volume of the Works of St. Ambrose, speaks of this benediction on the 12th verse of the 3. chap. of St. Paul Ep. to Timothy, and on the 3. of the 5. chap. it is likely St. Tom. 2. p. 681. Par. 1614 Chrysostom had it in his thoughts when in his 48th Homily on Genesis he exhorts to send for the Priests to knit by Prayers and Blessings, the Union and Concord of Marriage. St. Isidore of Seville in the 19th chap of the 2. Book of Divine Offices, saith, That when the Priest blesses Marriages, he does it in imitation of God, who blessed the Marriage of the first Man. The Kings Charlemagne, and Lewis the De bonnaire, in the Seventh Book of the Capitularies chap. 358, amongst several Conditions they prescribe necessary to a lawful Marriage, they have not forgot the Blessing we treat of; And in the Capitularies of Charles the bald, is to be seen the Nuptial Blessings of his Daughter Judith with Edelwolf King of England, and of Hormintrude with himself. I would allege other proofs of this Ancient Practice, but not to tyre the Reader, I will conclude with the Testimony of Photius, who in two of his last five Letters by way of Augmentation at the foot of the rest, that is in the First and Fifth, he several times makes mention of the public benediction of Marriages by the Pastors. XXIV. It is convenient for the Order of the Church not to Celebrate Marriage on Sacrament Days; and this Order shall not be broken but on weighty reasons, which the Consistory shall advise upon. Neither shall Marriages be solemnised on Days of Public Fasting. CONFORMITY. The celebration of the Lords Supper which invites us to meditate of the Death of our Saviour, and which requires of us Holy Dispositions to partake worthily of it: the celebration I say of this Holy Sacrament, not agreeing very well with what usually passes at Christian Weddings, it is with great Reason the Authors of our Discipline has forbidden to solemnize any Marriage on the Days appointed for the Communion; no more than on Days appointed for celebration of a Public Fast; because Fasting is an occasion of Affliction and Tears, and Marriage on the contrary, after the manner most People use it at this time, is of profane Rejoicing, and very often of Debauchery and Excess. The Ancient Church prohibited, although after several ways, to Cellebrate Marriages in certain times, as appears by the 52 Cannon of Laodicea, and by a fragment of a Council of Lerrida in the Year 524. Tom. 3. Concil. and the Second Council of Aix la Chapella, pag. 817. in the year 836 defends in the 18th Cannon of the Third chap. to solemnize Marriages on Sundays, for the Reverence of the Day. Tom. 2. Conc. Gall. p. 394. XXV. Those who have been contracted; and that have cohabitted together before being lawfully Married, whether their fault came to be known before or after Marriage is solemnised, they shall make public confession of their fault, or before the Consistory, according as it shall think convenient. And it happening before Marriage, such Solemnities shall be observed at the said Marriage as the Consistory shall think fit. Except those who shall have lived together during the time of their ignorance without contempt and slighting of the Ecclesiastical Order; also those which shall have cohabited together when there was no Church settled at the place of their Habitations, or in the Province. All which shall only be cited to the Consistory, to the end the Marriage may be Ratified and Blessed in the Church, if the Consistory shall see it Expedient. CONFORMITY. St. Basil in his Third Canonical Epistle, Can. 69. Tom. 7. pag. 33. had appointed something of this kind in these terms, If a Reader has known his Sweetheart before Marriage, he shall be suspended from his Office for a year, at the Expiration whereof he shall do his Duty, without being capable of advancement. By this may be seen, he would have decreed against Lay People which should have committed the like Offence, the pains expressed in our Discipline. The Friar Blastares which I have often cited, especially on the XX. Article of this Chapter, will, Litt. G. c. 4. pag. 62. that the Punishment of Fornicators be given to those that have known each other before they have been lawfully Married. Cardinal Borrome in the Second Council he caused to be held at Milan in the year 1569, Tom. 9 Conc. Dec. 27. pag. 500 Ibid. pag. 684. remits the Absolution of the Sin now treated of to the Bishop, because 'tis frequently committed, and prescribes severe Penance for those that are guilty of it; which he repeats again in the Sixth Council Assembled at the same place Thirteen Years after the Second. XXVI. To prevent Inconveniences which arise by too long deferring celebration of Marriages, the Parties, and those in whose care they be, shall be advertised not to delay the celebration of Maraiage above six Weeks if possible. CONFORMITY. It is an Establishment of Policy, to prevent the inconveniencies conveniencies and ill consequencies as may happen in too long deferring the Solemnising of Marriage; And 'tis with regard hereto, that Cardinal Borrome, prohibits in the place I but now cited, I say, he prohibits all manner of Familiarity and Commerce to contracted Persons. XXVII. Marriages shall be Registered, and carefully kept in the Church. CONFORMITY. This Rnle regards the Public good, therefore oftentimes recourse is had to Registers of Marriages which are kept in both Communions, and the Copies taken many times serve to terminate great Law Suits. The Council of Trent appointed in the year 1563, Session 24. chap. 1. of the Decree touching the Reformation of Marriage, Tom. 9 Conc. pag. 412. it ordains Each Curate should have a Book, wherein he should write the Names of the Married Folks, and of the Witnesses, with the Day, and Place where the Marriage was contracted: Ibid. p. 480, 481, 590. Cardinal Borrome renews this injunction in the First and Third of the Councils he held at Milan. XXVIII. Believers whose Wives and Husbands shall be convicted of Adultery, shall be admonished to be reconciled to each other, but if they will not, the Liberty they have by the Word of God shall be declared to them; Nevertheless should this happen to one that is employed in the Church, he may not reassume his Wife, and exercise his Office. CONFORMITY. St. Tom. 6● p. 358. Austin has made Two Books on Adulterous Marriages, that is of Marriages wherein Adultery does intervene, and in the Second of these Books, chap. 6, 8, 9 he requires the same Conduct should be held towards the Party convicted of Adultery as is Established by our Discipline, that is to say, that the Innocent Party should continue with him that violated their Marriage Vow, and he alleages for a Reason, That being a Believer we ought to believe, that she has been washed from her Sin, by Baptism, or by Repentance; Nevertheless this is but an Advice or Council, which he gives, without imposing any necessity to do so, on the Party unconcerned, which is just the Rule prescribed by the Article we examine, unless it be that it declares, that if such a thing should happen to any one that had an Office in the Church, he could not take his Wife again, and execute his Office, because doubtless he would not be so much to Edification, and the remembrance of his Wife's Adultery, would be at least to the weak, a Subject of Offence, and Scandal. So 'twas the Council of Neosesaria ordered it in the Year 314, Can. 8. which enjoins those that are Established in the Ministry of the Church, whose Wives have committed Adultery, it enjoins them to forsake them, or if they will live with them, it declares they can no longer Execute their Offices. See Gratians Decree, Caus. 32. q. 1. can. De Benedicto where the same Practice is Authorized, although some of the Fathers, forbidden cohabiting with the Adulterous Party. XXIX. To regulate the Extravagance of Marriages by reason of Adultery, the Party grieved may prosecuee at Law the Party that has offended, before the Magistrate, until that by definitive Sentonce and Judgement they be justly convicted, the which Sentence the Party grieved shall produce in Consistory, who shall let him understand the Liberty the Word of God allows in such cases: But by reason of the difficulty of the times the Ministers of this Kingdom are advised not to remarry the Parties who are at liberty to provide themselves elsewhere; and as for the Party that has transgressed, great deliberation and care shall be used before he be restored to Liberty. CONFORMITY. Those which accommodate the Cannons, to the times, and which judge of the Discipline of the Ancient Christians by that which they follow at present, do think that 'twas never permitted in the Church that those should marry any other Person who were separated for Adultery; Nevertheless with the least heed that is taken in reading what remains to us of the Writings of Ecclesiastical Antiquity, it may therein be observed, that for several Ages the Liberty of re-marrying was granted to those whose Marriage had been dissolved for Adultery. I should be over-tedious to relate all I could allege for Establishing this Truth; I shall therefore content myself to prove it by some formal and positive Testimonies which shall be above the reach of any contentious Spirits to control. To do it with the better method, First of all, 'twill be necessary to transcribe two passages of the Gospel, where our Saviour Jesus Christ has fully explained himself on this matter, The First is in the Fifth chap. of St. Matth, ver. 31, 32. It hath been also said, Whosoever shall put away his Wife let him give her a Writing of Divorcement: But I say unto you, That whosoever shall put away his Wife saving for the cause of Fornication, causeth her to commit Adultery, and whosoever shall marry her that is divorced committeth Adultery. These words as every one sees, teach us two things, one, that there's nothing but Adultery which is a lawful cause of breaking of Marriage; and the other, that here is to be an entire Separation, both from Bed, and as to Obligation. The Second is in the 19th chap. of the same Gospel, verse 3, etc. The Pharisees also came unto him, tempting him, and saying unto him, Is it lawful for a man to put away his Wife for every cause, and he answered and said unto them, Have you not read that he which made them, made them at the beginning Male and Female, and said, For this cause shall a man leave father and mother and shall cleave to his Wife, and they twain shall be one flesh, wherefore they are no more twain but one flesh; What therefore God has joined together, let no man put asunder. They say unto him, Why did Moses then command to give a writing of divorcement, and to put her away: He saith unto them, Moses because of the hardness of your hearts suffered you to put away your Wives, but from the beginning it was not so. And I say unto you, whosoever shall put away his wife except it be for fornication, and shall marry another, committeth Adultery: And whosoever marryeth her which is put away, doth commit Adultery. As the Pharisees in their demand understood a total Separation, it must not also be doubted but Jesus Christ meant it so also in the Answer he made them; In effect, amongst the Jews the term to repudiate comprehends an entire rapture, with power to remarry again; Therefore in the Ancient formulary of Divorces amongst the Jews, the Husband spoke thus to the Wife which he put away, I send thee going, and repudiate thee, to the end thou mayest be at liberty to marry whom thou wilt. Let us now see what the Witnesses do depose which I have engaged to produce for establishing the matter in dispute. I'll begin by Chromatius Bishop of Aquilea, one of the Holiest and most Learned Prelates of his time, that is to say of the Fourth Century, and the beginning of the Fifth. This Learned Writer Interpreting the two verses of the Fifth chap. of St. Matthew above transcribed, speaks in this manner; Let them know how great the crime of condemnation is which those do incur in the sight of God, Tom. 2. Biol. Sal. p. 168. who being overcome with the unbridled pleasure of Lust, and without cause of Adultery, cast off their Wives to pass on to another Marriage. It appears by the reasoning of Chromatius, that if they cast them off for Adultery, they were permitted to remarry, and having shown that though the Laws of Men suffered to repudiate one's Wife for other cause than Adultery, those which did it were nevertheless inexcusable, but their sins was so much the greater, that they preferred the Laws of Men before the Law of God; After this I say, he adds, As it is not permitted to cast off a woman that lives chastely and honestly; so also 'tis permitted to repudiate an Adulteress, because such a one renders herself unworthy of her Husband's Company, which in sinning against her own Body, had the boldness to defile the Temple of God. The Deacon Hillary, a Writer of the Fourth Century, in his Commentaries on St. Paul's Epistles, in the Third Volume of St. Ambrose his Works. Hillary Expounding these words of the 11th verse of the 7th chap. of the ●. Ep. to the Cor. pag. 365. Neither let the Woman forsake her Husband, he thus explains himself, it must be understood, except it be for the cause of Adultery, because it is permitted for the Husband to marry, after having repudiated his Wife for cause of Adultery. St. Epiphanius is full in the case, seeing he expresses himself in this manner; Him who could not be content with one Wife, whether she died, or that he put her away for Adultery, Fornication, or some other Crime, if he join himself to another Wife, or if a Woman for the same cause takes a second Husband, the Word of God condemns them not, neither deprives them of the Communion of the Church nor of Eternal Life; but it bears with them for infirmity sake, not that he should have two Wives at once, the one being yet alive, and in being, but to the end that after having left one, he may, if he will, take another lawfully. The Jesuit Petau in his Notes on the words of St. Tom. 2. p. 255. Epiphanius does acknowledge this was the Opinion of this Ancient Doctor, but he adds, That if at that time it was suffered to have it, because the Church had not yet determined any thing in this matter, it is not permitted at this time, after the decision of the Council of Trent, Sess. 24. cap. 7. nevertheless he owns this Decree of Trent is not agreeable to some of those cited by Gratian, causa 32. quaest. 7. and also that Cardinal Cajetan, and some other Doctors of his Communion have followed an Opinion contrary to the definition of the Fathers of Trent; that is to say, That they believed that 'tis permitted to a Christian to put away his Wife for Adultery, and to marry another; in effect, not only Cajetan on the 19th chap. of St. Matth. but also Ambrose Catharine in the Fifth Book of his Annotations, and Erasmus on the 7th chap. of the 1 Ep. to the Corinth. have been of this Judgement. Auitus Bishop of Vienna at the end of the Fifth Century, and beginning of the Sixth, sufficiently manifests that in his time, Divorcement was made for Adultery, with liberty to remarry, Ep. 49. p. 110. observing in one of his Letters, That 'tis for that cause alone God permits a man to separate from his wife: Upon which Father Sirmond who has Published the Works of Auilus, makes this observation; It from hence appears, that in that time it was believed in France, that the Husband might by the permission of Jesus Christ, leave his Wife in case of Adultery, and marry another, Which he confirms by a Cannon of a Synod of Vannes, which I will cite anon. Loup Abbot of Ferriers in Gattinois was in the Ninth Century of the same Opinion with Auitus, Ep. 29. pag. 54. for he says as well as him, that 'tis only Fornication can dissolve Marriage, to which Monsieur Baluze, who completed the last Edition with Learned Notes, applies also the Jesuit Sirmond's Observation which I but now mentioned. Isaac Bishop of Langres, in the Third Title of his Cannons which treat of Adulteries, saith plainly, chap. 1. That the Husband whose Wife is an Adulteress, has power to take another if he please: This Prelate wrote and lived in the Ninth Century. I now come to the Councils whose Authority may contribute to the Establishment of the matter I examine, and I begin with the First Council of Arles, which the Emperor Constantine assembled in the Year 314, a Council famous for the Decrees there made, and for the number of Bishops which were there present, for there was 600, if several Writers may be credited. In effect, there is in the Collection of Letters of Ireland by Bishop Usher, a Letter of Cummin a Priest, to the Abbot Seguinus touching the keeping Easter, Ep. 11. p. 28. wherein he wrote to him above a 1000 years ago. That the Council of Arles composed of 600 Bishops, confirmed in the First Cannon what had been concluded upon for the observing of Easter, that is to say, that it should be Celebrated all over the World at one time, and one day: Ado Bishop of Vienna, in the Ninth Century, writes in the Sixth Age of his Chronicle, That in the time that Marin was Bishop of Arles, there met a Council of 600 Bishops In the 10th Spicilegium of Dom Luke D' Achery, and in the Additions, there is to be seen an observation touching Synods, which was taken from an Ancient Collection writ above 800 years ago, wherein mention is made of the Council we speak of, Tom 10. p 633. and of the number of 600 Bishops there present; and apparently it was in reference to this great number of Prelates, Tom. 1. Conc. Gall. p. 105. Tom. 1. Conc. Gall. p. 6. that the Fathers of the Second Council assembled in the same City in the year 542, said in the Eighteenth Cannon, That the first was assembled from all parts of the World. However it be, the Tenth Cannon of the First Council which concerns the business we treat of, is expressed in these terms: As to young Men that are Believers, which surprise their Wives in Adultery, and who are forbidden to marry others, It has seemed good to us that they should be advised as much as may be; not to marry again during their Wife's life time although Adulteresses. I gather two things from this Cannon, First, Before the holding this Council, there were those which prohibited them which left their Wives for Adultery to marry again. Secondly, That the Fathers of the Council to the number of 600, amongst which there are Two Priests and Two Deacons of the Church of Rome, which held the place of Silvester its Bishop; these Prelates having maturely examined the business, changed the Prohibition into an Advice which they desired might be followed, but no farther than Man's weakness could bear, which shows that they did not believe as now a days in the Romish Communion, That the Band of Marriage is indissolvable, though Adultery should intervene. In the year of our Lord 465 there was held a Council at Vannes in Britain, see here its Second Cannon. As for those who forsake their Wives, Tom. 1. Gall. p. 138. unless it be in case of Adultery, as is expressed in the Gospel, and do Mary others without having proved the Adultery, we ordain they shall be deprived of the Lords Supper, that is to say Excommunicated, lest through our remissness Sins unpunished may incline others to licentiousness. It appears by this Cannon, that when the Adultery was proved, it was permitted to conclude another Marriage; it was so 'twas understood by Father Sirmond on the Letter of Auitus , wherein he was followed by his Nephew Mr. De la Land Treasurer, of the Church of St. Framburg of Senlis; for in the Supplement of French Councils, pag. 349. he explains this Cannon in the same manner as I have explained it, and this ought not to be regarded as a private interpretation, seeing this Supplement was approved by the Clergy of France assembled at Paris in the years 1655, and 56. The Synod of aged in Languedoc in the year 506, Tom. 1. Conc. Gall. p. 166. marches in the same steps of that of Vannes, in the 25th Cannon, which Excommunicate those which put away their Wives to marry themselves to others, before they represent to the Bishops of the Province the causes of their Separation, and before their Wives have been condemned, that is for Adultery; for when they were once convicted, Husbands were permitted to Marry others; it is what is lawfully inferred from this Cannon. Theodore Archbishop of Canterbury held a Synod in the year 670, as Beda writes in his Ecclesiastical History of England, wherein he made these Cannons relating to Marriage. Lib. 4. c. 5. Let no Man forsake his Wife unless it be for Fornication, as the Gospel does direct: If any one puts away his Wife whom he has lawfully married, let him not marry another; if he will be a good Christian, but let him continue as he is, or let him be reconciled to his own Wife: That is, If he puts her away for any other cause than for Adultery; And it can't be questioned but this is the true meaning of the words of Theodore, especially if one considers that in Dom Luke D' Achery's Ninth Spicilegium, There are a certain number of Cannons chosen out of all those of the said Theodores, the 116th of which formally contains this Decree, pag. 62. It is permitted to him whose Wife has committed Adultery, to put her away, and to take another. Gratian attributes this Decree to Pope Zachary who lived in the Eighth Century; ca 32. c. 7. Conc. Concnbai●ii. You have lain with your Wife's Sister, if it be so, you cannot have to Wife neither the one nor the other; but as for her that was your Wife, if she consented not to this crime, and that she cannot contain, she may marry in the Lord to whom she thinks sit. The Ancient Copies, Manuscripts and Old Editions of Gratian produce this Decree, as being Pope Zachary's; yet there are Compilers of Decrees which have cited it as having taken it out of the Roman Penitential; Binchard. lib. 19 c. 5. Enq. but 'tis nothing the less considerable, seeing 'twas the Penitential whereof Zachary was the Compiler. The Author of the Gloss explains the last words of the Cannon in this manner, Let her marry to whom she will: He explains them in adding these others, after the Death of her Husband; As if a Woman whose Husband was Dead, was not in full liberty to remarry, without having any permission for so doing; whereas here there is question of a Man convicted of Adultery, whereby Marriage is dissolved; therefore the Woman which is Innocent, and has no share in the Husband's Crime, she is permitted to remarry; Erasmus on the 7th chap. of the 1. Ep. to the Cor. where he examines the Question, Whether Divorce is sometimes permitted amongst Christians; Erasmus reproves and condemns the Gloss I but just now cited, as being contrary to the words of the Decree, and to the intention of Pope Zachary, to whom 'tis attributed, and he does so against the Master of Sentences, Lib. 4. dist. 34. who had interpreted the Cannon with this addition, that is to say, after the Death of the Husband. The Council of Verberie in Vallois assembled in the year 752, Tom. 2. Conc. Gall. p. 2. made several Decrees, the Second whereof is comprised in these terms. If any one carnally knows his Wife's Daughter, he cannot have the Mother nor Daughter, and neither she nor him cannot never after marry any others; but as for the Wife, if she will, and if she cannot contain, if after she comes to know the Husband committed Adultery with her Daughter, she has no farther carnal knowledge with him, she may marry another Person, unless she will voluntarily abstain; and in the Tenth Cannon; If a Son has committed Adultery with the Wife of his Father, neither he nor she cannot marry, but as for the Husband, if he will, he may marry another Wife; yet it were better to abstain. That of Compiegne made this Decree Seven years after: Ib. Can. 8. p. 43. If a Man has a lawful Wife, if his Brother commits Adultery with her, let not the Brother nor Wife which have been guilty of Adultery, never marry during life; But as for the Husband of the Wife, he is at his liberty to marry again if he please: The Fourteen and Fifteen Cannons Establish also the same Discipline. The Eighth Cannon is also found in the Fifth Book of Capitularies, chap. 19 it is apparently the Eighth Cannon of the Council reported by Gratian, though in something different terms. Caus. 32. q. 7. c. Quaedam; under the Name of a Decree of a certain Council. In the Roman Collection printed at Rome Fifteen years ago by Order of Cardinal Francis Barberin, Vicechancellor, and Dedicated by him to Pope Alexander the Seventh. There is found Two Synods held at Rome in the Ninth Century, One under Eugenius, the Second, the other under Leo the Fourth, and by the constitutions of the one and the other, one may separate for reason of Adultery, with power to remarry; See here what is contained in the 36th. Cannon of the former; That it be not permitted to any one whatsoever to forsake his Wife, and to join himself to another, unless it be in case of Adultery, otherwise the offender must take the former. The same Cannon is repeated in the Second, in the same Terms, and under the same Number of 36. Ibid. p●g. 92. The Council of Tribur, whereof I have already spoke, on the 13th Article, confirms the same practice in the 41. Cannon, where the Fathers require, that Bishops having regard to human frailty, should comfort those who have been separated for Adultery, and which cannot contain, in suffering them to remarry after having fulfilled the time of their penance. The Friar Blastares whom I have already cited several times, Let. G. c. 13. pag. 73, 74. testifies that the Greek Church used so in his time, that is, in the 14th. Century, for amongst the several reasons for dissolving Marriage, he reckons Adultery, for the which he declares Marriage may lawfully be dissolved, and contract another, after sentence of the Judges. It was in regard to this practice of the Eastern Nations, Hist. of the Council of Trent by P. Saovo. lib. 8. pag. 920, 921. that the Ambassadors of Venice caused to be read in the Council of Trent a demand they made on the Anathema of divorces, which contained in substance, that their Republic held the Islands, and Kingdoms of Cyprus, Candy, Corfou, Zante, and Cephalony, inhabited by Greeks, who time out of mind have been wont to put away the wife guilty of Adultery, and to Marry another, and that this Custom known to the whole Church, Was never condemned nor blamed by any Council, and therefore that the Fathers would be pleased to dispose the Cannon that treated thereof in such a way, as should not be prejudicial to them, to which the Council had some regard, for the Opinion of the Greeks was not there directly condemned. It appears clearly by what has been hitherto said, that the Establishment of our Discipline, is very judicious and very conformable to the use and practise of the Ancient Church, and also to that of the present Greek Church; so that the innovation is in those which have forsaken the ways of their Fathers, and have taken a quite contrary course, in teaching that the band of Marriage is not to be broke, not even for cause of Adultery; yet I cannot think Pope Vrban the second was so severe, nor that he would absolutely have forbidden Marriage to a man that had left his wife after having convicted her of Adultery, and what makes me think so, is, for that in a Synod he held An: Apud Marcam de conc. li. 4. c. 14. pag. 282. 1093. At Troy's in Poll, it was resolved in the first Cannon, to dissolve the Marriage of two persons that were nearly related, on this condition however, That if they separated according to the Judgement of the Bishops, they were permitted to contract other Marriages, because they were young; what likelihood that urban with his Synod composed of 70 Bishops and 12 Abbots, should not have judged the band of Matrimony indissoluble in regard of those, and that he would have thought it so after the Adultery of one of the parties. I am confident if occasion had offered, this Pope would not have done otherwise in regard of persons which separated by reason of Adultery, than the two Roman Synods I but now cited in the 9th. Century, and the Councils of Verbery and Compeign, in the 8th. who permitted as has been shown, to the innocent party, to remarry, when the band of the former Marrirge is quite broke by Adultery; certainly the Fathers of these two Councils intended not to forbid Marriage to those which Adultery had separated, seeing they allowed separation for things of much less moment than is that of Adultery, and that at the same time they grant power and liberty to remarry anew, for Example, the 3d. Tom. 1. conc. Gal. pag. 3. Cannon of the Synod of Verbery is conceived in these terms; If a Priest has Married his Niece, let him leave her, and be deposed; If another takes her to wife, let him put her away also, because 'tis a thing blame worthy that another Man should marry her which was put away by a Priest; but if the man cannot contain, let him marry some other. The 5th. cannon contains this Decree; If a Woman has contrived the Death of her Husband with other Men, and that the Husband in his own defence kills him that comes to murder him, and that he can prove it; he may repudiate his Wife, and marry another if he please. The 9th. permits him that is forced to quit his Country to go to live in another, and that his Wife will not follow him, it permits him to Marry another. In the 6th. it is permitted to a free Man that shall have Married a slave, thinking her to be of a free condition, he is permitted to take another, if the first be put again under servitude, and that she cannot be ransomed, the same power is given to a free woman that shall marry a slave, not knowing he was so, unless he had been forced by famine to sell himself by consent of his Wife, and that the price of the sale of the Husband had served to preserve the Wife from Want and perishing by famine; besides this, the Woman might put away her Husband, and Mary another, if she cannot contain. This last Cannon of the Synod of Verbery in the 5th. Ubi supra 42, 43, 44 of that of Compeign, where we Read these words; If a free man has taken in Marriage a woman whom he thought to be free, and afterwards he found she was not, let him put her away if he will, and let him Marry another. The 4th. of the same Council of Compeign makes this ordinance; If a man has married his Wife's Daughter being of a free state, to a free man, or to a slave, or to a Churchman, and that he married her against her will, and against the will of her Mother, and her relations, if she will not have him for a Husband, and that she leave him, her Relations may give her another, or if she herself has Married another, after having left the first, let them not be separated. In the 13th. we Read this, if any one has left his wife; and in consideration of Piety and Religion, he has given her liberty to enter into a Monastery; or that for the Love of God, he has suffered her to take the vail out of a Monastery; let this Man take a lawful wife, and let the Woman do the same on the like occasion. The 16th. is contained in these words, if a Leprous man has a Wife that is clean and sound, and that he will suffer her to marry another, let the woman marry another if she please, Ib. can. 2.9. and let the Husband do the same. Pope Stephen the second prescribed near hand the same thing three years before, from whence may be gathered, that according to all appearance he would have made no difficulty to approve the re-marrying of those whom Adultery had separated. Nevertheless I could produce several other proofs for Establishing the matter I Examine, if I feared not to be to tedious, I will therefore end this enquiry by two remarks; the first concerns Ecclesiastical Writers which teach, that it is lawful to separate for Adultery, as Tertullian who thus explains himself; Contr. Marc. l. 4. c. 34. If God has prohibited under such condition to put away ones Wife, he has not absolutely forbidden it; and what he has not absolutely forbidden, be his permitted. Lactantius saith, That he is an Adulterer that forsakes his Wife, Lib. 6. Divin. Instit. orat. 31. p. 501 to marry another, if he leaves her for any other cause then for the Sin of Adultery, The Law saith Gregory Nazianzen gives the Bill of Divorce for all things; but as for Jesus Christ he gives it not for all things, but he only permits to separate from the shameless and adulterous woman: This separation if we follow the Explication of Father Sirmond on the 46th. Letter of Auctus, imports the Power of Marrying another, to which amounts also what is said by Theophilact on the 5th. chap. of St. Matth: That he that put away his Wife for just cause, That is to say for Adultery, is not subject to any condemnation: I say the same of all those which have explained themselves near hand in the same manner, as St. Basil in his first Canonical Epistle to Amphilochius, Can. 9th. and some other. In my second Remark I produce the Testimonies of two famous Doctors of the Greek Church, which testify Marriage is entirely dissolved by Adultery, and that the band is quite broke, the first is of St. Hom. 19 pag. 484, 485. chrysostom who in his Homilies on the 7th. chap. of the first Epistle to the Cor. teaches positively, That the Husband which puts away an Adulterous Wife is not culpable; And if you ask him the Reason, he'll tell you it is, The Marriage is already dissolved, and that after the fornication, the the Husband is no longer a Husband. The other Witness is Theodoret, who Treating of this business in his Therapeutique, or manner of healing the affections of the Greeks, makes this Reflection, Serm. 9 Legib. l. 4 pag. 619. worthy himself: The Author of Nature in Creating human Nature made at first one Man and one Woman, and forbidden to dissolve Marriage, having not suffered to dissolve it, but for one only cause which indeed doth break the band: And having instanced the Words of the Gospel where Jesus Christ suffers to separate for Adultery, and to Marry again, He adds. Ib. p. 620. By these Words Jesus Christ commands to bear all other faults in a Woman, her prating, Drunkenness, Evil speaking; but if she violates the Laws of Marriage, than He commands to dissolve and break the Bands: Nothing can be desired more positive nor more clear for proving the matter I treat of, therefore I conclude, in observing, that St. Chrysostom and Theodoret's Depositions do no less favour the Article of our Deposition, than the Testimonies I produced at first, as well of Ecclesiastical Writers, as of Councils, by all which I have made clearly appear, that in the Ancient Church they were persuaded, as they are at this present amongst the Greeks, and amongst the Protestants, that Jesus Christ suffers Christians to separate from their Wives for the reason of Adultery, and to marry others. XXX. If it should happen that after Contracts and Promises made, and before the accomplishing of Marriage, the Bride is found to have committed fornication, before or after the said promises, and that 'twas unknown to him that had promised her Marriage, after definitive sentence as abovesaid, the Consistory may proceed to a new Marriage; the Bride shall have the same liberty if it be found that the Bridegroom has been guilty of fornication before the said promises. CONFORMITY. There is in the third Volume of the Councils of France, a Letter of Pope John the 8th. to Walenus Bishop of Metz, An. 879. pag. 491. by which he lets him understand that he is to blame against the Authority of the Cannons to go about to constrain a Man to Marry his Sweetheart although she be found with child by some body else before consummation of the Marriage. XXXI. The Wives whose Husbands shall be absent a long while in Voyages, for Merchants or otherwise, shall have recourse to the Magistrate, if they desire to be re-marryed. CONFORMITY. St. Can. 31.36.4.3. pag. 32. Basil in his 2 Canonical Epistle puts in the Number of Adulterous Women those which remarry before they are certain of the death of their absent Husbands, yet in such a way as that he will have the Wives of those that are in the Wars treated something more favourably than others, because a long absence makes it more be believed they are dead, than others which are absent for some other Subject. Pope Leo the first Writing to Nicetas Bishop of Aquilea touching Women that have re-marryed after a long absence of their Husbands who had been carried away Captives, he Order that at their return, Ep. 79. c. 1, 2, 3, 4. pag, 148, 149. they may be permitted to reassume their Wives, who to this purpose are to separate from their second Husband, it was also the Opinion of Innocent I. Ep. 9 Theodore Archbishop of Canterbury whom I cited on the 29th. Article, Can. 113.4. q. Spicil. p. 62. suffers a Lay man whose Wife has absented, to marry another at the expiration of seven years, with consent of the Bishop, and at the End of one year, if she has been taken away Captive by force. The 83 Caunon of the 6 universal Council, Tom. 5. conc. pag. 347. follows near hand the Discipline of St. Basil, and partly that of Leo the First. The 9th. of that of Verbery, which I have mentioned several times, suffers a Man who is forced to change Countries, and whose Wife will not follow him, it suffers him to marry another, if he cannot contain, Tom. 2. Conc. Gall. pag. 3. Photius in the 13 Title, Can. 2. of his Nomocanon, declares the Time and the Manner that the Wife of the absent Husband is to observe before she re-marries. The Friar Blastares follows the steps of Photius, and when the absence of the Husband or the Wife is caused by Captivity, he determins that if in five years no news be heard, the Marriage is void. XXXII. As for the Wives of Priests and Friars, which revolt and return to Idolatry, singing Mass, or returning to their Cloisters from whence they came out before, they are advertised to inhabit no longer with their said Husbands during their Apostasy, not to load Marriage with blame and ignominy, and also shall not marry with others, until the first marriage be dissolved by the Magistrate. CONFORMITY. To this Article may be referred the 44 Cannon of the 2d. Canonical Epistle of St. Basil, with the interpretations of Balsamon, and Zonaras, the 13th. Cannon of the first Council of Orleans of the year 511. and the 3d. of that of Verbery, assembled Anno 752. for in all these places, Tom. 1. conc. Gall. pag. 150. & Tom. 2. pag. 2. something is ordained which comes very nigh the Establishment of our Discipline. CHAP. XIV. Of Particular Rules and Advertisements. ARTICLE I. NO Body shall be received to the Communion of the Church. until he has first publicly renounced all Superstitions and Idolatries of the Church of Rome, and of the Mass, especially. CONFORMITY. The Church in all Ages has refused to receive Persons into her Communion, until they had first given an account of their Faith, and had renounced all Errors they had formerly professed, and all the false Worship they had before preached; I may prove this Truth by sundry Cannons, but I'll only produce some, the thing being clear of itself; The Sixth Cannon of Laodicea is express on this Subject. Heretics must not be permitted to enter into the House of God, if they persevere in their Heresy. The Seventh is no less formal; Those amongst the Novatians, Photinians, or Quarto decimans, nor those amongst them they call Believers, until they first anathematise all Heresy, especially that wherein they were detained. To this same Subject may be applied the 37th and 58th Cannons of the same Synod; about Forty years before the Great Council of Nice had ordered in the VIII. Cannon touching the Catharians, that when they returned to the Communion of the Church, they should be obliged to declare by writing, That they embraced all the Doctrines of the Catholic and Apostolic Church: And that by consequence they renounce all the Errors contrary to them, and wherewith they had been infected, and because all Errors are not alike dangerous, the Second Ecumenical Council assembled at Constantinople in the year 381, prescribes in the Seventh Cannon, the manner of receiving those which turn to the Church, and this method is different according to the Diversity of Errors of those which are converted, but after all, the least that is expected of them, Is to anathematise by Writing, all manner of Heresy as doth not agree with the Dogmas of the Holy Catholic and Apostolic Church. II. A Believer is not permitted to intermeddle in any thing wherein there may be an intermixture of Idolatry, as that which is called the Kiss of the hand, or the Ceremony of the Church, keep Masses, Vigils, and maintain Friars which are appointed for that purpose; But to hold Priories, Revenues, Rents, Chappellanies, and Tithes to pay the Revenue to Churchmen, inasmuch as they are Temporal Lords, it is a thing indifferent, and at the liberty of those that please to do it; Nevertheless Believers are advertised not to intermeddle in those matters, if they find any abuse therein, or appearance of any ill consequence, whereof the Consistories shall take special heed. CONFORMITY. It's only requisite to read what I have said on the Nineteenth Article of the Fifth chap. which is that of Consistories, to see after what manner those are treated in the Primitive Church as were any way polluted with Idolatry: I will here only add two things, First, That the Ancient Fathers called Idolatry, Crimen principale, summum scelus, principale crimen genneris humani, summum saeculi reatus, tota causa judicii: And by these expressions they would let Christians, see how much they should abhor Idolatry, seeing it breaks all manner of Communion with God. Secondly, That the Council of Laodicea after having declared in the 35th Cannon, that Christians should not forsake the Church of God to follow Angels to invoke them it makes this Menace, If any one be found to serve this hidden Idolatry, let him be anathematised, because he has forsaken our Lord Jesus Christ the Son of God, and is turned to Idolatry. The Reader may observe if he please that the Fathers of Laodicea, think one abandons Jesus Christ, and for sakes him, at the very instant one makes any step towards Idolatry; and 'twill be to no purpose to say that one often thinks there is Idolatry where there is none, because that as soon as ever a Man thinks there is Idolatry he ought not be concerned, more nor less, although he might be mistaken in his Judgement; for he would betray his own Conscience, and endanger his Salvation, seeing that in matter of Religion, all that is done without Faith is Sin, as St. Paul saith. III. Those who by unlawful means, as by Pope's Bulls, or for Money, shall hold Benefices, and also those which shall uphold Idolatry directly or indirectly, are declared unworthy to be admitted to the Holy Communion of the Lords Supper. As for benefices conferred on any Body by right of Patronage, whether it be by Provision of the Lord Lay Patron, or by Collation of the Bishop, Believers are advertised not to accept of any that shall be given them, under any open or tacit condition of service deditated to the Idol. CONFORMITY. This Article being a consequence and dependence on the former, it has no need of any other Interpretation. iv Printers, Booksellers, Painters, and other Tradesmen, and in general all Believers, especially those who have any Office in the Church, shall be admonished not to make any thing in their way, as depends directly on the Superstitions of the Church of Rome. And as for private Actions, and the corrections proper thereunto, it shall be what the Consistory shall judge convenient. CONFORMITY. The same may be said almost of this as I said of the Third, and add withal, That after our Separation from the Church of Rome for things which we do not approve, we cannot with safe Conscience practise any of those things which have been the motive and cause of our Separation. V Notaries, Secretaries, and others who by their Offices are obliged to Sign and Seal things indifferently, which are presented to them, shall not be blamed for receiving Testaments, passing Contracts, and dispatching Letters of things which concern Idolatry; nor Judges for judging causes concerning Ecclesiastical Matters, and the Execution of Edicts. CONFORMITY. The Authors of our Discipline have prudently permitted those of our Communion, in preferrence to those of the Church of Rome, to do all things as may be done without prejudicing ones Conscience, or endangering Salvation. VI Arbitrators shall not meddle with any Matters that concern Idolatry directly nor Indirectly. CONFORMITY. There needs no other Commentary on this Establishment then what I have remarked on the Tenth and Eleventh. VII. Advocates and Attorneys may not plead in causes which tend to taking away Preaching and setting up Mass; and generally they shall not be suffered to give Council to the Romish Clergy in causes which tend directly or indirectly to the oppression of the Church, and true Religion. CONFORMITY. There can be nothing more just than to forbid all Persons of our Religion to Establish what we do condemn, and to destroy what we set up. VIII. Neither Bishops, nor Officials, nor Arch-Deacons, such as they are at present, have by right, any Jurisdiction, Ecclesiastical nor Civil; Nevertheless because Believers are sometimes constrained to appear before them to gain their Right, which otherwise were not to be obtained, they may thither make their address, being referred by the Magistrate, to whom they are first to apply themselves. CONFORMITY. One may and ought also submit to all the Jurisdictions Established in a Country by Consent and Authority of the Sovereign, especially when one is appointed so to do by Order of the Magistrate, under this condition nevertheless, That the Service of God be not thereby injured, nor the Conscience concerned. IX. Advocates that are Believers ought not to plead on any account whatsoever, before Officials, but only in cases for which one may prosecute their Right before them according to the precedent Article. CONFORMITY. This Article depending of the former, its needless to look for any other Explication. X. It is not a thing unlawful in itself to exercise Civil Jurisdictions and Procurations under Ecclesiastical Persons, which do not at all concern that which they call the Spirituality. CONFORMITY. Seeing it is permitted to acknowledge the Jurisdictions of Ecclesiastical Persons, on certain occasions, and in the manner above established, it may also be permitted to Exercise them. XI. Believers may not obtain nor publish Monitories, nor Excommunications of the Roman Church. CONFORMITY. The Protestants not acknowledging the Pope's Authority to be Legitimate, they ought not to have recourse to it, Directly nor Indirectly. XII. Inasmuch as it is not lawful nor expedient to go hear the Preachers of the Church of Rome, or others that intrude themselves without being lawfully called, the Flocks shall be hindered by the Ministers from going thither; and those that will go, shall be summoned before the Consistory, and sensured as the case shall require. CONFORMITY. It's above Thirteen Hundred years ago, that the Council of Laodicea made this Decree; Those which are Members of the Church shall not be permitted to go to Church yards nor to Oratories of any Heretics whatsoever, either to Pray, or to obtain the healing of any Sickness; but the Believers that have so done shall for a time be deprived of the Holy Communion, and upon confessing and repenting their fault, shall afterwards be restored again. XIII. Lords, Gentlemen, and others, shall be advertised not to entertain in their Houses, scandalous and incorrigible Persons; and especially if they suffer Priests singing Mass, or discoursing to debauch their Servants, or if they do anew, take, and receive such into their Service. CONFORMITY. This Establishment tends only to the purity of Life, and preservation of true Religion, which are things to which every body ought diligently to apply themselves. XIV. Fathers and Mothers shall be Exhorted to take great care in Teaching and Educating their Children which are the Seed and Nursery of the Church. And those which send them to the Schools of Priests, Friars, Jesuits, and Nuns, shall be prosecuted by the severest Church Censures. Those also which put their Children to be Pages, or otherwise, to Lords and Gentlemen of the contrary Religion, shall be advised how they do so. CONFORMITY. This proceeds from the same principle the other did, and was made by the same Motives, which are Motives very reasonable, and very conformable to the practice of the Ancient Church. XV. Those who have Brothers, Sisters, and other Relations, who having quitted Monasteries to serve God with a pure and good Conscience, shall be Exhorted to assist them, and to do according to the Laws of Humanity and Affinity. CONFORMITY. If Christians are obliged, and they are obliged by the word of God, and by the Ancient Cannons, to exercise towards all Men, Works of Charity; of greater Reason should they do them to their near Friends and Relations, especially when they are reduced to necessity for serving God with a good Conscience, in departing from a Communion wherein they were fully persuaded they could not be saved. XVI. Ministers nor any else in the Church, cannot Print Books made by themselves or others touching Religion, nor any way publish them, without communicating them to the Colloque, or if need be to the Provincial Synod, and if the matter require haste, to the Academies, or to two Pastors which shall be nominated by the Synod, and shall attest the Examination by them made of the said Writings. CONFORMITY. This Ordinance is very necessary to prevent all the evil consequences as may sometimes ensue without the Examination therein prescribed; the same thing is done amongst the Papists, whose works are commonly approved by some Doctors, and at Rome by the Master of the Sacred Palace. See what I have said on the Fifteenth Article of the First Chapter, XVII. Those which take Pen in hand to treat the Histories of the Holy Scriptures in Meter, are advertised not to mix therein any Poetical Fables, and not to attribute to God the Name of false Gods, and not to add nor diminish to the Holy Scriptures, but to keep as near as may be to the Style of it. CONFORMITY. This Article will find itself sufficiently explained, by the things I have remarked on the Twelfth Article of the First Chapter, whether I refer the Reader. XVIII. The Books of the Bible whether Canonical, or Appocriphal, shall not be transformed into Comedies, nor Tragedies. CONFORMITY. This Respect is due to the Holy Scriptures, as not to make it serve for Subject nor Argument to these pieces of Theatre, which the Ancient Church has securely condemned, forbidding her Children to be there present. XIX. Churches where there shall be Printers, shall warn them not to print Books that shall concern Religion or Ecclesiastical Discipline, without first having communicated them to the Consistory to prevent the mischiefs that have arisen thereby. The Printers, Stationers, etc. shall be warned not to sell any Books relateing to Idolatry, that may be impious, or scandalous, or which may tend to the corrupting of good Manners. CONFORMITY. After what I have observed on the 2, 3, and 16th. Articles of this Chapter, this doth not require any new interpretation. XX. Although the Priests do wrongfully usurp Tithes by reason of their Administration; nevertheless they ought to be paid in respect to the King's command, and to avoid sedition and giving offence. CONFORMITY. In that we pay Tithes to the Curate, is an Effect of the obedience we own to the Ordinance of our King, and a mark of the care our Synods have had in accommodating in indifferent things with those from whom we have separated for mere Conscience sake, and not for worldly considerations, nor for private Interests. XXI. Believers shall be exhorted not to give any offence in working on fast days, according to the Edict. CONFORMITY. It is also by a Principle of Obedience and submission that we observe holidays, not to offend our Neighbours, and to keep ourselves up to the Edict under whose Rules we live. XXII. All Usuries shall be very strictly prohibited, because they are Exorbitants, and many abuses is therein committed CONFORMITY. The Ancient Cannons very strictly prohibited usury, because it was cruel, and many great crimes were therein committed; Our Discipline follows a moderation in declaring that in matter of Lending, one shall act according to the King's Ordinance, and moreover that the Rules of Charity be consulted. XXIII. All violence and unbecoming language against those of the Roman Church, and even against Priests and Friars shall not only be hindered, but also wholly suppressed as much as possible may be. CONFORMITY. This Article is grounded on the Gospel, which puts in the number of Murderers, those which violate their Neighbours by injurious words, and shows the disposition we have ever had to live peaceably with our Countrymen, not to instance in Cannons which forbidden all manner of Outrages. XXIV. Swearers, who through Custom or Anger take the Name of God in vain, and others who profane the Majesty of the Lord, shall be grevously censured and after one or two admonitions, if they desist not, shall be suspended the Lords Table; and outrageous Blasphemers, as also Damees, and the like, shall by no means be tolerated in the Church, but from the first offence, shall be censured even to suspension from the Sacrament, and if they persist, they shall be publicly Excommunicated. CONFORMITY. The foundation of this Article is taken from the third Commandment of the first Table of the Law, Thou shalt not take the Name of the Lord thy God in vain, for the Lord will not hold him guiltless that taketh his Name in vain, After so strict a prohibition, and so terrible a Commination our Discipline had Reason to establish punishments against the Infringers of this Commandment, to avoid all blame and reproach, L. 7. Ind. 2 Epist. 6. Tom. 2. Spicil. pag. 548. because as Gregory the first says, Him that corrects not what should be taken away, doth commit it; Our King St. Lewis, made an Ordinance in the year 1270, to banish out of his Kingdom, Blasphemies, and Oaths, whereby the Majesty of God is criminaly profaned. XXV. The Churches shall advertise Believers both Men and Women to use great Modesty, especially in Apparel, and shall give Order to abate the superfluity therein committed: Nevertheless the said Churches shall make no Law thereabouts, it being a thing appertaining to the Magistrate to do; but shall give notice to all, that the King's Ordinances in those Cases shall be diligently observed. CONFORMITY. The remarks I have made on the 20th. Article of the first Chapter will show the Conformity of this, with the Discipline of the Ancient Christians. XXVI. No body can be debarred from the Lords Table for wearing any kind of habit that shall be of Common use and Custom in this Kingdom, but in this rank ought not to be comprehended those which leave the open marks of shame, dissoluteness, too much newness, as Painting, naked Breasts, and the like, the Consistories shall use all possible means to suppress such Dissolutions by Censures, and against obstinate Persons, shall proceed to suspending them from the Lords Table. CONFORMITY. I say the same of this as of the former. XXVII. Dances shall be suppressed, and those who make account to Dance, or be present at Dancing, after having been several times admonished, shall be Excommunicated when they shall grow obstinate and Rebellious. Consistories are strictly enjoined to see this Article duly executed, and to cause it to be publicly read in the name of the Synods, and the Colloques exhorted to take Notice of Consistories which shall not take care, to Censure them. CONFORMITY. Can. 53. The Synod of Laodicea about the middle of the 4th. Century made a Cannon against Dances, contained in these Words; Christians which go to Weddings, must not Dance, but let them Dine or Sup civilly, as becomes Christians. In the third Volume of the Councils, a like Decree is attributed to the Council of Lerrida in the year 524. Though it's nothing but the same of that of Laodicea a little varied, but just now mentioned. Herald Bishop of Tours in his Capitulary's of the year 858, Pag. 818. in the third Volume of the Councils of France, forbids also Dances, not only at Weddings, Cap. 112, 114. pag. 115. but also on other occasions; the Friar Blastares has not in his Collection forgot the Cannon of Laodicea, Chap. 7. of the Letter G. pag. 66. St. Eloy Bishop of Noyon in the 7th. Century inveighed much against Dancing, which he put in the number of Devilish Divertisments, as is reported by St. Owen in the second Book of his life, chap. 15. Tom. 5. spiril. pag. 217. In the year 589 the third Council of Toledo had appointed in the 23d. Tom. 4. conc. pag. 507. Cannon to exterminate this profane and Irreligious Custom from amongst the people, who instead of attending diligently on God's service on holidays, spent the time in Dancing and singing filthy and impure Songs, and the Fathers enjoin the Bishops and Judges with care to clear Spain from this extravigance. And about the beginning of the V Century a Council of Africa had ordained in the 27th Cannon, that the Emperors should be desired to prohibit Dances in the Streets on Days appointed for Celebrating the Memory of Martyrs; Tom. 1. conc. pag. 915. In the 6th. Book of the Capitularies of our Kings of the second Race, Dances and Lascivious Songs were absolutely forbidden, and it is therein declared that they which shall disobey this Ordinance shall suffer the punishment contained in the Cannon, alleging for a Reason that they are the remainders of Paganism. XXVIII. Mommeries, and stageplays shall not be allowed, nor the Ceremony of King Drinks, nor Carnavals, nor Hocus Pocus, slight of Hand, and Poppet and Stage players, and Christian Magistrates are exhorted not to tolerate them, because these things only cause loss of time, and entertains Idleness, Curiosity, and Expense. Neither shall it be lawful for Believers to assist at Comedies, Tragedies, Farces, Moralities, and other plays acted in public or in private, seeing that in all Ages they have been prohibited amongst Christians, as inclining to the corrupting of good Manners, especially when the holy Scripture is therein mingled. Nevertheless when in Colleges it shall be thought fit that Youth may represent some History, it may be tolerated, provided it bened contained in the Holy Scripture, which is not given to be dallied with, but to be truly Preached, also it shall be done but very seldom, and by advice of the Colloque, which shall first see the composition. CONFORMITY. There may be applied to this Article as to what regards Mummeries, the Liberties of Shrovetide, and other the like Pastimes, what the Fathers have said and done against Christians which allowed themselves in Libertinism after the Manner of Pagans in the calends of January that is to say, the first day of that Month, who used near hand the same Sports now practised at Carnaval; but to draw to a Conclusion, it suffices to refer the Reader to the first Cannon of a Synod at Auxer in the year 578, to a Homily of Maximus Bishop of Turin, and a Writer of the V Century, Entitled, A Homily on the Circumcision of our Lord, or a reprehension of the calends of January: In this Sermon he explains the Follies and Debauches committed by Christians on that day, and to what St. Owen writes of St. Eloy in the same Chapter cited on the foregoing Article, whereby we find they abandoned themselves to very great Extravagancy, they put on Vizards, and put themselves in the shape of sundry Beasts, as of Sheep, Stags, Cows, Bears and other Beasts, to act with greater Liberty and Freedom, until that at last these extravagancies being restrained by Ecclesiastical and Civil Laws, Christians changed these Follies of the calends of January, to the time a little before Lent, as if one were bound to commit Sin, to have greater occafion of Repentance. As for the rest of the Article which concerns stageplays, and the Theatre, the Ancient Doctors of the Church incessantly cry against these worldly pastimes; Tertullian and St. Cyprian have writ whole Treatises on purpose to divert Christians from them, and has called them spectacles: I actantius, St. Basil, St. Lib. 6. pag. 127. Par. 1669 Cyril of Jerusalem, Isidore of Petlusta, St. Crysostome, St. Austin, has highly condemned them; and Salvian in his Treatise of Providence, doth vehemently exaggerate the evils that proceed from them, and saith several things as may justly be applied to those amongst us as do frequent the Theatre, and Comedies. The third Council of Carthage in the year 388 expressly forbids it in 11th. Cannon. And the 4th. Tom. 1. Conc. pag. 710. which was assembled the year following, Excomunicates in the 81th. Cannon, all those which on a solemn day abandon the assembly of the Church to be present at stageplays; Ib. p. 730. therefore in another Council under Aurelius, the Fathers of Africa resolved to beseech the Emperors to prohibit those worldly divertisments, especially on solemn days set apart for the Exercise of Piety and Religion; The 6th. Ecumenical Council employs to this purpose the 51st. Cannon at the end of the 7th. Century. Ib. c. 28. pag. 915. Thence it is that the Ancient Discipline excomunicates Stage-players, Jesters, Comedians, and all those as mounted on the Theatre to show these Divertisments to the people; and worldings must not abuse what's added at the end of the Establishment I examine, saving the only scope of it was but sometimes to Exercise Scholars in Colleges. XXIX. All Plays prohibited by the King's Edicts, as Cards, Dice, and other Games of hazard, and those of cevetousness, immodesty, scandal, or notorious loss of time, shall be suppressed, and the parties reproved and admonished by the Consistory, and Sensured as the Circumstances shall require: Lotteries also are not to be allowed, whither tolerated by the Magistrate or otherwise. CONFORMITY. The 6th. Tom. 5. Conc. pag. 337. universal Council made this Decree, contained in the 50th. Cannon, That no Christian whether of the Clergy or Laity, do henceforth play at the game called Hazard, and if any be found doing it, if of the Clergy, that he be deposed, but if of the Laity that he be Excommunicated. XXX. To be present at Feasts and Collations of Weddings, at Birth and Marriage of Children, made by those of the Romish persuasion, is in itself indifferent; nevertheless Believers are advertised to use it to Edification, and to consider if they are sufficiently able to resist the dissolutions and other evils which may there be committed, and also to reprove them. In which Feasts are not comprised those made by Priests at their first Mass, to which it is not lawful to go. CONFORMITY. The Council of Loadicea has proved in the 35th. and 54th. Cannons against the debauches which may happen at Feasts, and has warned Christians not to participate thereof. As for the Feasts made by Priests at their first Mass, our Discipline had just reason to forbid those of its communion not to be there present, because 'twould be in some sort a silent approving of a thing which has occasioned one of the greatest causes of our separation from the Romish Church, it was by a like principle the Synod of Laodicea prohibited Christians in the 37th. 38th. & 39th. Cannons, not to communicate of any thing as they were wont to use in the Feasts of Jews, Heretics, and Pagans. XXXI. It shall be no means be permitted to be present at the Feasts or Weddings of those which to marry a Person of contrary Religion shall revolt from the profession of the Gospel. As for those which have been a good while revolted, or are wholly Papists, it is at the discretion of Believers to do what they shall in Wisdom think convenient. CONFORMITY. What I have observed at the end of the former Article, may be applied to this. XXXII. Those which challenge or cause to be challenged to Duel, or that being challenged accept it, and even kill their Adversasaries, although they might obtain their pardon, or be otherwise claered, shall be sensured to the being suspended from the Lords Supper, which suspension shall be speedily published, and if they desire to be received to the peace of the Church, they must make public confession of their Crime. CONFORMITY. Duels being expressly condemned by the Word of God, and by the Laws of our Invincible Monarch its very just severely to censure Transgressor's, and all those which passing over the Laws of Heaven and Earth, give way to these furies and passions, which proceed from an insatiable desire of anger and revenge. XXXIII. These Articles here contained touching Discipline are not so settled amongst us, but if the good of the Church require it, they may be changed; but it shall not be in the power of Ministers, Consistories, Colloques, and Provincial Synods thereunto, to add, altar, or diminish, without the advice and consent of a Nati●nal Synod. CONFORMITY. Upon the least knowledge of Ecclesiastical Antiquity, it is apparent that the Conductors of Christian Churches has on several occasions done what our Discipline tolerates in this last Article, and after the manner it prescribes; thence it is that when there was any question made of a point of Discipline which regarded the Churches of the Roman Empire all in general, it was only an Ecumenical Council could determine it, as I have made appear on the second Article of the 6th. chap. to which I refer the Reader, moreover it were easy to produce sundry examples of changes made at several times, in the Ancient Discipline; but as 'tis a truth owned by all the world, I will only touch at the matter of penance the practice whereof has been various according to the diversity of times, Councils having therein made several changes as occasion has required, as appears by Reading the Ancient Cannons; see what I have writ on the 19th. Article of the 5th. chap. which is that of Consistories. However Ecclesiastical Discipline should always be conformable to the genius of the Gospel, and to the mind of Jesus Christ, and have for its foundation this maxim of St. Paul, That all things should be done decently and in order in the Church of God: ●ib. 2. de Bapt. c. 3. Tom. 7. p. 40. This being so, the Chrch has always had power to change what it thinks fit in matter of Discipline, seeing that according to St. Augustine's remark, the last Ecumenical Councils have often corrected the former, its true he saith it ought to be done without arrogancy, or pride, without strife or contention, with o● spirit of love and charity. For the Rule of faith remaining entire, saith Tertullian, the rest which relates to Discipline; admits the novelty of Correction by means of the grace of God, which operates and makes farther progress in us to the end, FINIS. A TABLE of the Chapters contained in this Book. Chap. 1 OF Minister's Page. 1 Chap. 2 Of Schools Page. 111 Chap. 3 Of Elders and Deacons Page. 118 Chap. 4 Of Deaconship Page. 138 Chap. 5 Of Consistories Page. 146 Chap. 6 Of Uniting Churches Page. 153 Chap. 7 Of Colloques Page. 158 Chap. 8 Of Provincial Synods Page. 161 Chap. 9 Of National Synods Page. 181 Chap. 10 Of Exercises of Believers Page. 191 Chap. 11 Of Baptism Page. 197 Chap. 12 Of the Lord's Supper Page. 239 Chap. 13 Of Marriage Page. 250 Chap. 14 Of Particular Rules Page. 289 FINIS. Advertisement. Liptines vulgarly Lestines, was a Royal House in the Diocese of Cambray. Vernum Palatium, was another betwixt Compiegne and the Monastery of St. Dennys; and if I have called it Vernum in some places of this Work, it is because Vernum has more likeness to Vernon than to Vernevil; In the main, whatsoever it is called, it is known 'tis not Vernon on the River Sein. Forum July, Fruil in Austria, Urbs Carnorum. Editions of some BOOKS I have made use of. The Library of the Father's Paris 1664 The Tomes of General and particular Councils, ibid. 1636 The Councils of France by Sirmond ibid. 1629 Supplement of the Councils of France. ibid. 1666 The Code of the Canons of the Universal Church which Contain the Canons of the Council Nice, of Auryra, of Neoraesaria, of Gangre, of Antioch, of Laodicea, of Constantinople, of Ephesus, of Chalcedonia Paris 1661. The African Code ibid. 1661. Eusebius his Ecclesiastical History ibid. 1659. Socrates and Zosomen ibid. 1668 Theodoret, Evagrius, Theodous Lector ibid. 1673