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deration with that memorable canon of the apostles, of so frequent use in this question. Πάντων τῶν ἐκκλησιαστικῶν πραγ πάτων ὁ ἐπίσκοπος ἐχέτω τὴν φροντίδα “ Let the bishop have the care of provision for all affairs of the church, and let him dispense them velut Deo contemplante,' 'as in the sight of God,' to whom he must be responsive for all his diocese.

The next consideration concerning the bishop's jurisdiction, is of what persons he is judge? and because our scene lies here in church-practice, I shall only set down the doctrine of the primitive church in this affair, and leave it under that representation.

Presbyters, and deacons, and inferior clerks, and the laity, are already involved in the precedent canons; no man there was exempted, of whose soul any bishop had charge. And all Christ's sheep hear his voice, and the call of his shepherd-ministers. Theodoret tells a story, that when the bishops of the province were assembled by the command of Valentinian, the emperor, for the choice of a successor to Auxentius, in the see of Milan,-the emperor wished them to be careful in the choice of a bishop in these words: Τοιοῦτον δὲ οὖν καὶ νῦν τοῖς ἀρχιερατικοῖς ἐγκαθιδρύσατε θώκοις, ὅπως καὶ ἡμεῖς οἱ τὴν βασιλείαν ἰθύνοντες εἰλικρινῶς αὐτῷ τὰς ἡμετέρας ὑποκλίνωμεν κεφαλάς “ Set such an one in the archiepiscopal throne, that we, who rule the kingdom, may sincerely submit our head unto him"," viz., in matters of spiritual import. And since all power is derived from Christ, who is a King and a Priest. and a Prophet, Christian Kings are • Christi domini,' and vicars in his regal power, but bishops in his sacerdotal and prophetical. So that the king hath a supreme regal power in causes of the church, ever since his kingdom became Christian, and it consists in all things, in which the priestly office is not precisely by God's law, employed for regiment, and cure of souls, and in these, also, all the external compulsory and jurisdiction is his own. For when his subjects became Christian subjects, himself also, upon the same terms, becomes a Christian ruler, and in both capacities he is to rule, viz., both as subjects and as Christian subjects, except only in the precise issues of sacerdotal authority. And, therefore, the kingdom and the priesthood

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⚫ Can. 39.

P Theodoret. lib. iv. c. 5.

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are excelled by each other in their several capacities. For superiority is usually expressed in three words, ὑπεροχὴ ἀρχὴ, and ovoix, excellency, impery, and power.' The king is ἐξουσία, supreme to the bishop in impery; the bishop hath an excellency, viz., of spiritual ministration, which Christ hath not concredited to the king; but in power, both king and bishop have it distinctly in several capacities; the king in potentiâ gladii,' the bishop in potestate clavium.' The sword and Somethe keys are the emblems of their distinct power. thing like this is in the third epistle of St. Clement, translated by Ruffinus: "Quid enim in præsenti sæculo prophetâ gloriosius, pontifice clarius, rege sublimius?" king, and priest, and prophet, are, in their several excellencies, the highest powers under Heaven.' In this sense, it is easy to understand those expressions often used in antiquity, which might seem to make entrenchment upon the sacredness of royal prerogatives; were not both the piety and sense of the church sufficiently clear in the issues of her humblest obedience. And this is the sense of St. Ignatius, that holy martyr and disciple of the apostles: "Diaconi, et reliquus clerus, unà cum populo universo, militibus, principibus, et Cæsare, ipsi episcopo pareant:" "Let the deacons and all the clergy, and all the people, the soldiers, the princes, and Cæsar himself, obey the bishop"." This is it which St. Ambrose said: "Sublimitas episcopalis nullis poterit comparationibus adæquari. Si regum fulgori compares, et principum diademati, erit inferius "," &c. This also was acknowledged by the great Constantine, that most blessed prince: "Deus vos constituit sacerdotes, et potestatem vobis dedit, de nobis quoque judicandi, et ideo nos à vobis rectè judica'mur. Vos autem non potestis ab hominibus judicari,” viz., sæcularibus,' and in causis simplicis religionis.' So that good emperor, in his oration to the Nicene fathers.

It was a famous contestation that St. Ambrose had with Auxentius, the Arian, pretending the emperor's command to him, to deliver up some certain churches in his diocese to the Arians. His answer was, that palaces belonged to the but churches to the bishop'; and so they did by all

emperor,

s Epist. ad Philadelph.

r Lib. de Dignit. Sacerd. c 2,

$ Lib. x. Eccles. Hist. c. 2.

the laws of Christendom. The like was in the case of St. Athanasius and Constantius the emperor, exactly the same 'per omnia,' as it is related by Ruffinus'. St. Ambrose, sending his deacon to the emperor, to desire him to go forth of the cancelli, in his church at Milan,-shows that then the powers were so distinct, that they made no entrenchment upon each other. It was no greater power, but a more considerable act, and higher exercise, the forbidding the communion to Theodosius, till he had, by repentance, washed out the blood that stuck upon him ever since the massacre at Thessalonica". It was a wonderful concurrence of piety in the emperor, and resolution and authority in the bishop. But he was not the first that did it; for Philip, the emperor, was also guided by the pastoral rod, and the severity of the bishop. "De hoc traditum est nobis, quòd Christianus fuerit, et in die paschæ, i. e., in ipsis vigiliis, cùm interesse voluerit, et communicare mysteriis, ab episcopo loci non priùs esse permissum, nisi confiteretur peccata, et inter pœnitentes staret, nec ullo modo sibi copiam mysteriorum futuram nisi, priùs per poenitentiam culpas, quæ de eo ferebantur plurimæ, deluisset:" "The bishop of the place would not let him communicate, till he had washed away his sins by repentance." And the emperor did so. "Ferunt igitur libenter eum quod a sacerdote imperatum fuerat, suscepisse :' "He did it willingly, undertaking the impositions laid upon him by the bishop."

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I doubt not but all the world believes the dispensation of the sacraments entirely to belong to ecclesiastical ministry.

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It was St. Chrysostom's command to his presbyters, to reject all wicked persons from the holy communion. "If he be a captain, a consul, or a crowned king, that cometh unworthily, forbid him, and keep him off; thy power is greater than his. If thou darest not remove him, tell it me, I will not suffer it," &c. And had there never been more error in the managing church-censures than in the foregoing instances, the church might have exercised censures, and all the parts of power that Christ gave her, without either scandal or danger to herself or her penitents. But when in

Lib. x. Eccles. Hist. c. 19.

Euseb. lib, vi. c. 25.

" Theodor. lib. v. c. 18.
y Homil. 83. in Matt. xxvi.

the very censure of excommunication, there is a new ingre dient put, a great proportion of secular inconveniences and human interest, when excommunications, as in the apostle's times they were deliverings over to Satan, so now shall bẹ deliverings over to a foreign enemy or the people's rage; as then to be buffeted, so now to be deposed, or disinterested in the allegiance of subjects; in these cases, excommunication being nothing like that which Christ authorized, and no way co-operating toward the end of its institution, but to an end of private designs and rebellious interest, bishops have no power of such censures, nor is it lawful to inflict them, things remaining in that consistence and capacity. And thus is that famous saying to be understood, reported, by St, Thomas, to be St. Austin's, but is indeed found in the ordinary gloss upon Matt. xiii. "Princeps et multitudo non est excommunicanda :" "A prince or a commonwealth are not to be excommunicate"."

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Thus I have given a short account of the persons and causes, of which bishops, according to catholic practice, did and might take cognizance. This use only I make of it. Although Christ hath given great authority to his church, in order to the regiment of souls, such a power, "quæ nullis poterit comparationibus adæquari," yet it hath its limits, and a proper cognizance, viz., things spiritual, and the emergencies, and consequents from those things which Christianity hath introduced de novo,' and superadded, as things totally disparate from the precise interest of the commonwealth; and this I the rather noted, to show how those men would mend themselves that cry down the tyranny, as they list to call it, of episcopacy, and yet call for the presbytery. "For the presbytery does challenge cognizance of all causes whatsoever, which are either sins directly or by reduction: all crimes which, by the law of God, deserve death"." - There they bring in murders, treasons, witchcrafts, felonies. Then the minor faults they bring in under the title of 'scandalous and offensive.' Nay, quodvis peccatum,' saith Snecanus,

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2 In 3. Partis Supplemen. q. 22. a. 5.

Vide Aug. Ep. 75. et Gratian. Dist. 24. q. 2. c. Si habet, sed ibi 'princeps' non inseritur, sed tantùm in glossâ ordinariâ.

a Vide the book of Order of Excommun. in Scotland, and the Hist. of Scotland. Admonit. 2. p. 46. Knox's Exhortation to England.

to which if we add this consideration, that they believe

every action of any man to have in it the malignity of a damnable sin,' there is nothing in the world, good or bad, vicious or suspicious, scandalous or criminal, true or imaginary, real actions or personal; in all which, and in all contestations and complaints, one party is delinquent, either by false accusation or real injury; but they comprehend in their vast gripe, and then they have power to nullify, all courts and judicatories, besides their own; and being, for this their cognizance they pretend Divine institution, there shall be no causes imperfect in their consistory, no appeal from them, but they shall hear and determine with final resolution, and it will be sin, and therefore punishable, to complain of injustice and illegality. If this be confronted but with the pretences of episcopacy, and the modesty of their several demands, and the reasonableness and divinity of each vindication examined, I suppose were there nothing but prudential motives to be put into the balance, to weigh down this question, the cause would soon be determined; and the little finger of presbytery, not only in its exemplary and tried practices, but in its dogmatical pretensions, is heavier than the loins, nay, than the whole body of episcopacy; but it seldom happens otherwise, but that they who usurp a power prove tyrants in the execution, whereas the issues of a lawful power are fair and moderate.

SECTION XXXVII.

Forbidding Presbyters to officiate without Episcopal License.

BUT I must proceed to the more particular instances of episcopal jurisdiction. The whole power of ministration, both of the word and sacraments, was in the bishop by prime authority, and in the presbyters by commission and delegation, insomuch that they might not exercise any ordinary ministration without license from the bishop. They had power and capacity by their order to preach, to minister, to offer, to reconcile, and to baptize. They were, indeed, acts of order, but that they might not, by the law of the church,

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