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24^.1-1*'' 



tU.. 



April 6 • o9 






•THE WORKS 



THE EEV. JOSEPH BINGHAM, M.A. 



EDITED BT 

HIS LINEAL DESCENDANT 

THE REV. R. BINGHAM, JUN., M.A. 



A NEW EDITION. IN TEN VOLUMES. 


VOL. n. 




OXFORD: 


LiBRARV 


AT THE UNIVERSITY 


PRESS. 


M.DQ0C.1T. 









THE NEW YORkI 

PUBLIC LIBRASr 



THE PREFACE OF BUDDETJS 



GRISCHOVIUS'S 

LATIN VERSION OF THE WOBKS 



JOSEPH BINGHAM. 



ItA tandem multorum eRtisfieri ccepit votis, qui, ut Binghami Obi- 
GiNU EcctaaiA alia, qaam Anglicana lingua, legi pouent, vehementer 
Dptamnt. Ex quo enim per varias eruditoram epheroerides innotuit, 
quanto studio, quanta industria Auctor doctiBsimus in bocce arga- 
mento versatus sit, qnam exactam et eiqnJaitam eorum omnium, 
qiue, nt solide illud pertractaretur, requirebontur, secum attulerit 
notitiam, non poterant non ingenti cupiditate ad illud legendum in> 
flammari, quotqaot ontiquitatibns historiEeque ecelesiaslicce justum 
statnere pretinm didicerunt. Hi ergo jam invenient, quo suam 
abunde explcant aitim, dom prima operia huJuB pan, in Lalinum 
tranelata sennonem, omnium ee oculie offert, atque deprehendent 

. I [John Fruuai Buddeiu wu born at AcUm in Pomerania in 1667. He com- 
pleted bis ediuatian at the Uniierait; of Wittemberg, where be wu Ajrirtant- 
nofeaeoT of Thilowpbr in 16S9. He was afterwards Profeuor of Moral and 
PoKtial Pbiloaophj at Halle in 1693, and erentnallj FrofesKit of Theolog; at 
Jena in 1705, who« ha died in i;i9. Thia Lutheran divine waa a man of great 
learning and Indnstrj, ae hi» rather nDmeroiu works, chiefl; on tbeologicml snb- 
jectt, dedan. Ed.] 

a, 2 I 



tr THB PRBFACB OF BUDDBUS, PRBFIXKD TO 

oihil um pnedsre de eo dictum esse aut did posse, ot non muhis 
nodis iDod soperet 

Eodenasdcae antiqaitatis qui contemnunt ant in minimis ponant 
eognsliooem^ se ignaros eonun, quae theologise, immo et jnrispraden- 
ti«« rel maxime insenriont, demoostrant. Jacnndam non tantam est 
eortim, qiue bine inde adhnc in nostris Elcdesiis conspiduntor, cog- 
nitam perspectamqoe habere orig^nem, sed atile etiam, immo neces- 
sarium, ot nostrae Tcterisque Ecdesiae comparatione instituta, inde 
dtscamns, qaousqne conveniant inter se, ant a se invicem dissentiant. 
Non b eqnidem sam, qui veterem Ecdesiam omnia plane naevi ez- 
pertem faisse existimem, ant nostrse banc esse conditionem, ut, ad 
ritns et caeremonias quod attinet, cam veteri conspirare prorsns in 
omnibas aot possit, ant debeat: nee tamen iis profecto safihigaTi 
possom, qui Tetenun Christianonmi instituta deprimont nimis et ex- 
tenoant, eorondemque vestigia quaevis remota atque omnino deleta 
capiont Malta apad eos occarranty quae et pietatem 8ingularem» et 
fervorem zelamqae ardentem pro gloria I>d, et indefessam stadium 
▼itae sanctitatem castitatemque cum doctrinae puritate conjungendi, 
demonstrant ; quae quo magis bodie nonnallis, effrenae vivendi cuno- 
taque pro lubitu agendi libertati faventibas, eumqae in finem vete- 
rum Cbristianorum dicta, facta, consuetudines, ritus, aut irridenti- 
bas, aut sinistra interpretatione depravantibus, displicent ; eo majo- 
rem promerentur laudem, qui ea contra, recte explicata et luce ma- 
jori collustrata, omnium oculis exponunt, ut quo jure aliquid aut laa- 
detur aat vitnperetur, rursusque aut ceu spurium rejiciatnr, aut ceo 
genuinum retineatur, quilibet, animum ad haec advertens, dijudicare 
queat. Latissime quidem baec omnia patent, et turn in Elcclesiae 
regimine recte instituendo et administrando, tum et illorum, qui se 
Cbristianos profitentur, vita moribusque dijudicandis, usum suum de« 
monstrant: accedit tamen, quod ipsa quoqne Bkxdesiae evangelicae 
doctrina baud leve in antiquitate ecclesiastics praesidium inveniat. 
Non utique eodem magnopere indigemus, quum Romanensibus ex 
sola Scriptura Sacra ita obviam ire queamus, ut victas dare manus 
cogantur ; provocandoque ad Eicclesiae auctoritatem id demum effi- 
dant, ut omnes intelligant, apud verum leg^timumque judicem se 
caosa ceddisse. Quum vero illud insuper, quo unice adbue se tuen- 
tur, munimentum, veteris Eksdesiae auctoritatem, illis itidem eripi- 
mos nobiBqoe vindicamus, nostra eo certior non minus, quam cla- 
et eindentior redditur victoria. EIrrantque magnopere, si nos 
genus detrectare sibi persuadeant ; ad quod eo luben- 
descendimus, quo eo certiores sumus, potiorem saltern 
Teteris Ecdesiae partem a nostris stare partibus. Quae 




THB LATIN YBBSION OF BINOHAM'S WORKS. V 

omnia at aliunde conatant, ita in hisce ipsia Originiboa Ekx*le8iaaticis 
ita subinde confirmantur, ut quod cordatis et ingennis hanitn rerum 
exiatimatoribaa dubium movere queat, saperait nihil. 

Non deaont, fateor, qui in antiquitatibua eccleaiaaticis illoatrandia 
operam aoam atudiamque collocanint. Ingena cumprimis illoram eat 
nomema, qoi partea qoasdam singiilatiro sibi sumpaenint ezplican- 
daa ; qnomm pnecipoaa eelectioreaque commentationes in Theaauro, 
qnem una cam viro darisaimo, Joanne Georgio Walchio^, molior, 
Ecdeaiaatico, junctim aliqaando per Naminis propitium favorem ex- 
hibere est animua. Sed pancis admodum tantam libroram maltitu- 
dinem legere, paucioribua aibi comparare, pauciaaimis eadem recte 
ati, datom eat Sunt porro, qui unico velut faace cuncta complecti, 
aut integram quoddam apteque cohserens antiquitatum ecclesiaatica- 
ram corpua proferre in lucem conati sunt, at Joannea Baptista Caaa- 
linaS, Guil. CaTeu84, Grothofredus AmoldusS^ et alii quidam, certe 
non adeo multi. At, si dicendum quod res eat» nemo illorum ita 
cuncta persecutoa est, ut non semper ezstiterint, qui pleniua aliquod, 
et exquiaitiori studio elaboratum ecclesiaaticarum antiquitatum sys- 
tema desiderarent. Quae quidem gloria Binghamo nostro reaervata 
videtnr ; qui, si ad supremum fastigium non pervenit, quod nemini 
mortaliam temere dabitur, omnium tamen, qui ante eum huncce 
campum ingreasi sunt, industriam superavit, et longisaime post se re- 
liquit. Conspirant in hocce opere cuncta, quffi pretium ejus augere 
possunt : tractatio plena, in qua nee desint necessaria, nee superflua 
taediam creent, ordo concinnus, probationes aolidse, et ex ipsis fonti- 

2 [John George Walch was very much younger than Buddeus, who at this 
time was full fifty-seren years of age. But in the year 17349 when Buddeus 
wrote this Pk«fiM», Walch was Eztraorduiary Ph>fe88or of Theology at Jena, and 
in 1736 Ordinary Professor. He was bom at Meiningen in 1693. He died in 
■775* Perhaps we owe his Mucellanea Sacra (AmsteL 1744,) or his Biblioiheca 
Theolopiea (Jense, 1757,) to his intimacy with Buddeus. I am not aware that 
any Tketaunu EeeleHastictu is extant, as the joint work of these divines. Ed.] 

3 [He was the author of several books on subjects of antiquities, e. g., De Prth- 
fanis 0i Saerii RUUnt* Veleribut, RomK 1644. 4to. De RUu NupHarum et Jure 
Cannubiali Veierum, §[e., in his book De Tragcedia ei Camcedia LueubnUiOj jr., 
liOgd. Bat. 1699. 4to. Ed.] 

4 [The well known author of the HUkrria LiteraritL, &c Ed.] 

ft [Geoffirej Arnold, bom at Annaberg in Sept. 1665. Died in 1714. He was 
Minister of Paleberg and Historiographer to the King of Prussia. He is said 
to bare been a very sealous partisan of the sect of the Pietists among the German 
Protestants. He was the author of A Hittcry ^f the Church and Some Heretiea, 
Leipeic, 1 700. 8to. He also wrote A Hietory qf Mytticai Theology, his only 
work in Latin. See De Fdler's Biographie Universelle, vol. 1. p. 298. Ed.] 




▼I THB PBBACB OP BUDDBUS, PBBFIXHD TO 

bos, ubique dUigenter indicatis, haustse, perspicuitaa summa, omni 
proscripta obscuritate. 

Nee offendet, pato, qaenquam, quod Auctor doctissimus aenten- 
tias, auctoritatis episcopalis seu hierarchise in Anglia defeneoribaa 
propria8» defendat. Hisee enim partibus quum ipsemet addictua aiV 
nemo ei hoc vitio vertere poterit. Quod si etiam, qui cum hisce £a- 
dunt, in yeteris E^clesiae institutis ad sua placita flectendis nimii 
sunt, in idem tamen baud raro incurrunt vitium, qui illis, ssepe sine 
pnegnanti ratione, sese opponunt. Prseterea, quum utraque pars in 
veteris Ek^lesise disciplina et institutis causae suse presidium quserat^ 
illud ex hisce certaminibus ezstitit coromodum, ut scriptis subinde 
egregiis nova lux antiquitatibus ecclesiasticis affunderetur, certe ma- 
jori studio ac industria in iis eruendis ac investigandis viri quidam 
eruditi versarentur, quam forte caeteroquin factum fuisset. Certe 
inter eos, qui pro episcoporum auctoritate et veteri disciplina reti- 
nenda militarunt, viros fuisse ezquisita rerum yeteris Ecclesise no- 
titia imbutos, Joannis Pearsonii, Henrici Hammondi, Henrici Dod- 
welli, aliorumque, quorum nomina orbis eruditus veneratur, exempla 
testantur. Binghamo vero nostro hoc prse reliquis proprium est» 
quod magna animi moderatione judicioque singulari in hisce omni- 
bus versetur, adeo ut, si in quibusdam emendatione quadam opus 
habet, longe plurima contra sint, ex quibus insignem lector capere 
queat utilitatem. 

Ut exemplis quibusdam, quae diximus comprobemus, quando 
Auctor (I. I . c. 5.) de Distinctione inter Laico^ et Clericos^, verba fa- 
cit, antiquitatem simul hujus distinctionis evincere annititur. £um 
in finem primum producit testimonium Clementis Alexandrini7: turn 
yero ulterius progreditur^ et ab Ecclesia Judaica originem suam du- . 
cere asserit ; idque hocce Clementis Romani ^ testimonio confirmat : 
Tf 4px^pci Vkai Xccrovpy^cu dcdoftcMu tltri' xai rots Up€wrw tbtog 6 rAmt 
wpoariraKTM, roir Acvfrtur Vkai buucwitu ivUtufrcu' 6 XaUhg &yBpwnos rots 
XoiKOiff wpwrrayiiatrw dcdcnu. Summo sacerdoti sua munera tributa sunt, 
sacerdotibus locus proprius assignatus est, et Levitis sua ministeria tn- 
cundnmt: laicus pr^eceptis laicis canstringitur, (£p. i. ad Corinth, n. 
40.) Quemadroodum vero in eo, quod a Judaeis, apud quos sacri 
ordinis viri specialiori quodam sensu Sars Dei dicebantur, distinctio- 
nis hujus derivanda sit origo, me aliosque facile secum consentientes 
habet ; ita non aeque omnes inter se conveniunt, quando, et qua ra- 
tione, eadem ad Christianos sit translata. Ehiimvero, si testimonio 

^ [Vol. I. pp. 36h>5* 7 Quia dWes salvetur. See ibid. p. 36. n. 76. 

8 Ibid. p. 37. n. 77. Ed.] 



THB ULTIK YKBSION OF BDIGHAM^S WOHK8. Yli 



dementis Akzandrini locus coDcedator, circa finem saectili secandi 
earn in usa foine, inde cdligetar, quod et TertoUiani anctoritate, si 
opus esset, coofinnari posset. Ex Clementis autein Romani verbis 
id q[iiidein conficitur, in Ecdesia Jadaica hocce inter dericos et 
kicos discrimen obtinuisse, quod et pontmn est extra controyersiam ; 
apnd Christianos id jam ea setate in nsa fiiisse^ nee Clemens dicit, 
nee ideo hocce comprobari potest eSaXo. Scopus enim ejus atque 
totns sermonis nexus ostendunt eum, Ccdesis Judaicse ezemplo, 
tantnm ostendere voluisse, ordinem certum in £k;clesia quoque Chris- 
tiana observandum esse. Quod si itaque probari nequit, tempore 
Clementis Romani hancce distinctionem atque appellationem in usu 
foisse ; multo minus asseri poterit cam ab ipsis Apostolis originem 
dncere* quod prseeunte Csesare Baronio, contendit Petrus de Marca, 
m Dissertadone de DiscrinUne Clericorum et Laicomm ; refutante et 
rejiciente banc sententiam beato Christiano Kortholto nostro9, in 
Disqmntiombus anti-Baromanis ; (Disquisit. 5. ^. 4. p. 151.) 

Atque hsec quum ita se habeant, valde dubito, an doctissimus 
Binghamus noster distinctionis hujus veritatem, contra Rigaltium. 
Salmasium, Seldenum, satis in tuto, quod poUicetur, collocaverit i". 
Enimvero, discrimen aliquod inter eos, qui docentium munere aut 
aliis Ecdesiae ministeriis fungebantur, et reliquos^ qui nullum sibi 
impositum habebant officium, fiiisse, ipsa ratio docet ; indeque cla- 
rissime evincitur, quod Servator certas in Ecclesia functiones con- 
stituent, docente Apostolo, Eph. 4, 1 1 . Quare si quis clericorum 
et laicorum vocibus, nihil aliud^ quam quod inter docentes et audi- 
tores, aut eos, qui certis muneribus fuuguntur vel iis non funguntur, 
intercedit, denotare VbUet ; tum quidem ipsum hocce baud dubie a 
divina institutione derivaDdum esset discrimen; parumque referret, 
quando demum voces ists ad iUud signiiicandum adhiberi coepissent. 

9 [I do not meet with any account of these DisqiUtUions againsi Baronitts. 
Christian Kortholt the Elder certainly was not the author of any such book ; and 
from the expression nattro it is evident that Buddeus speaks of a contemporary 
and a member too of the same University. Such was Christian Kortholt the 
Younger, the grandson of the former and son of Sebastian Kortholt, who suc- 
ceeded his Cither in the professorship at Kiel. The Younger Kortholt was bom 
in that city in 1709 ; and such were his attainments in early life^ that when only 
twenty years of age he was admitted to the Journal of Ldpsic, and therein are 
many good pieces of his writing to be found till 1 736. He was afterwards Chap- 
lain to the Danish Ambassador at Vienna, and was appointed in 1742 Professor 

of Divinity at Gottingen, where he died in 175 1. His best work was entitled De ] C a L 
EeeUnu SubwrbicaritM. See more in Chalmers, vol. 19. p. 421. Ed.] 

10 [Bearing in mind the low church views which Buddeus entertained of a 
hierarchy, we shall estimate the following passage accordingly. Ed.] 



d 



rm THB PKBFACB OF BUDDEUB, PRBFIXHD TO 

Qoom vero, ut antea obeervavimus, et Auctor eraditiaaimiis fistetiir, 
ex Ecclesia Jadaica yoces iste derivatse sint, et altera quidem^ sea 
vox clericui ting^alarem qoandam i^o^, miniBtris Eodesise in Noyo 
Testamento non debitam, et com qaodam illomm, qui Unci dicQiitiir» 
coDtempta conjunctam» indicare videatar» aliter ceoBeDdum ease res 
ipsa octendit. Non equidem puto, id sibi voluisae, qui primom 
hisce vociboB io Ecclesia usi suDt ; fierique potuit, ut innocenti hoc 
facercnt consilio, nee sacri ordinis viris aliam, quam quae jure illia 
tribuitur» vindicare yeUent dignitatem. Occasdonem tamen hinc ena- 
tam non diffiteor, qua sequiori setate nonnulli ad imperium aliquod 
in reliquoB, sacri ordinis viris vindicandum, abusi sunt Homm 
enim ambitioni quum, sub Romanorum Pontificum tyrannide, nee 
modus nee finis poneretur, peropportunum illis hocce accidebat dis- 
crimen, quo clerici, uti yocabantur, velut supra humanam sortem 
evecti, laicos, ceu infra eandem positos, contemnebant, et alto 
despiciebant superciHo. £t Lactenus quidem distinctionem hancce 
inter causas, quae imperio potestatique Papali incrementum dederunt, 
me non invito referre licebit. Nee tamen hoc obstabit, quo minus 
in sano sobrioque sensu in Ecclesiis Protestantium retineatur ; ut ea 
nihil aliud, quam, quod ex ipso docentium munere oritur, discrimen 
innuatur. Voces istas si quis ferre nolit, per me quidem non stabit, 
quo minus abrogentur, modo res ipsa secundum divinam institu- 
tionem salva maneat. Nee enim super iis magnopere cum quoquam 
contendendum existimo. 

Dum Auctor noster in eo est, ut discrimen inter dericos et laicos 
sdisscrat, ad celeberrimum illud Petri Apostoli ^ > effjeitum devolvitur^ 
quo preibyteros adhortatur, Ne dominentur cleris, yafi m kotokv- 
fhi(nryr9t T&v kXrjfMv, observatque post alios, verba haecce tam bona 
BeoicHiis quam ipsum populum significare posse. Recte itaque ab 
IIIIn opificopulis auctoritatis defensoribus discedit, qui rStv icX^po>p 
nomine ordincs sacros inferiores denotari putant, ut adeo suprema 
epiHOoporuni potestas hie vel maxime stabiliatur. Quod tamen quam 
aiiBonum siti vel indo intelligitur, quod Apostolus statim addit» — 
*AXXA fvtroi y^ydiitvoi rov iroifivlov, Sed qui exempla sitis gregi. Per 
toil nX^pttvi eondcm intelligi, quos rod noifiviav seu gregis nomine 
deslfrnnti oppoHltionis ratio docet. At per gregem non clericos in- 
feriorlii ordlnisi sed onmet generatim, qui ecclesiam constituebant, 
siimlflcai'lf vel indc manifestum est» quod hisce non minus, quam 
UUm vUn lanctltato ac intogritate exemplum prseire episcopus debeat, 
ad ntiod sese componant. Atque consentit hac in re nobiscum eru- , 

n [l P«t. S) a> 8«0 Antiquitlef, as before, ▼. i. p. 38. Bd.] 



THB I^TDt YBB8ION OP BIHOHAlf's TOBKB. iz 

ditiBBimiu Anctor aoster, tAv tk^pmr nomine ipsnm hie venire popu* 
lain : sed kddit, Ni^ Itmui dteuul ampUtu (qui populum intelligunt) 
ftioM qmd de populo braeUtim Uyimtu, qtu vocaiatitT Dei xXqpoc et 
lair fyAiipot, " Dei luereditaa" et " Populns posKBeioniB." (Deut. 9, 
39; 4, 10.) SiatI et Judai et Chruiiaiti erant m oppontione Genii. 
U»m; hoc MM obstante, DefU pecuUaren in poptilo mo habebal tD^por, 
pd ipfim *ort erant et h^reditas, el hoc nombte diatineti a laieia, hoc 
est, reliqua multitudiiie. At vero licet distinctionia hujuB origo n 
Judaeis peti queat, non eodem tamen modo sensuque earn apud 
CbristiBDOB locum invenire anteEi monuimus. Atque tunc reliqua, 
quse cloriEsimuB Anctor dicit, facili negotio dijudicari poBsnnt. 

Accedimns ad id, ijnod caput cbubs eat, et de qno vel roaxime 
inter episcopalia poteatatia propugnatorea, et eoa qui eidem adver- 
santur, disceptari aolet, originem episcoporam, et eorundem a prea- 
byteria diatinctionem ; de qua Auctur, (1. 2, c. i.) verba focit '*. 
Talem, iuquit '3, diitinctioaeni in EccUsia temper fiasse ob$ervalam 
liquet ex plerorvmqve veteram tcriptorum tealimoniiai qui de epitcopit, 
preibyteria, et diaconit, tanquam dtsttnctii in Eccletia gradibua, et de 
daobmt quidem poster ioribus, ut primo aubordinatia, loquuntur. Lubens 
bteor statim post Apostoiorum tempora distiactioneni banc inter 
epiacopos et presbyteros exortam eeee, adeoque longe esae antiquis- 
aimam. Qoum enim quibuadam in locia plurea easeut preabyteri, et 
vero inter hoace ordo aliquia obeervandus esset, non potcrat non, qui 
primuB inter eoa ermt H, <fox4>' quandam prse reliquie obtinere. Quie 
qoidem iS^x^ quuro sola vJrtutJs, integritati», eanctit^tiaque prieatan- 
tia niteretur, ut ab imperio et auctorilate potestateque magistretui 
propria quam longiaBime aberat, ita Teneratio qu«daro equidem, 
minime autem obsequium, vel etiam munerum aut pneatatioDum 
divereitas, illi ex parte reliquorum presbyterorum reapondebat. 
Prsterea quum illi quibus Ecclesia aalus cune cordique erat, per- 
■picerent banc unius preabyteri prte reliquis i$ox^ii ad concordiam 
conaervandam funeatasque evitandas diBsen^iones valere plurimum, 
earn non approbarunt aolum aed commendarunt vehementer, eoaque, 
qni ei te opponerent, objorgarunt. Nee ernt, quod es in re repre- 
hendi poterot, si intra primos lioiitea siubatitiBBet. Hoa vero quum 
migrarent, qnibua honoria commodorumque auorum potior cura erat, 
quam aalutia Eccleaite ; mirum non est, brevi temporia apatio episco- 
palem anctoritatem tantam cepisse in c rem en turn, ut non modo prea- 
fayteris moltum se superiores eaae contenderent, sed prKstationea 

1* [Se« vol. I. pp. 46—59. IS Ibid. a. 1 p. 48. 

14 The argnment for the view of a primu* inter paita whidi nrtiullj il«iifBi 
epUcopae; m » separate order, sod ragudi ■ biabop •■ a nling elder 001^- £■>■] 



X THB PRBFACB OF BUDDBU8, PBBFIXKD TO 

quasdam fiinctionesqae ita sibi vindicarent, ut presbyteris eaadem 
obire fiu esae neg^rent diserte. Jam ad Veteram teatimonia quod 
attinet, ejuamodi distinctionem, qaam prozima post Apostoloa ntate 
inter episcopos et preabyteroa fuiase diximus, omnino confirmant, 
plara inde non eliciaa. 

Testimoma Ignatii, ita Auctor eruditissimaa pergit >5, kucfadentim 
tarn firma sunt atgue luculenta, ut nihil unquam adverius ea affari 
potuerit, nisi quod non sint genuine aniiqui istius auctoris reUquut ; ad 
quod vero a viris doctis toties responsum fuit, ut isti opinioni cum 
ratione nemo amplius inluerere possit. Verissimum utiqae eat Ignatii 
tarn lacalenta esse teatimonia, ut iis refragari non liceat. Nee hodie 
quisquam haram rerum peritus temere invenietnr, qui Epistolaa iatas 
pro spuriis minusque genuinis habeat. Nee tamen aliud quid inde 
condiscaa, quam tempore Ignatii jam discrimen aliquod inter epi- 
scopos et presbyteros obtinoisse, ejusmodi videlicet, quale atatim 
post Apostolorum tempora, aut forte circa extremam illorum eetatem, 
exortum antea docuimus. Atque hoc modo reliqaa etiam, qus Auctor 
affert, testimonia recte sese habent. 

Quum yero ulterius asserit ordinem episcoporum ab Apostolis in- 
stitutum, prseter episcopalis potestatis in Anglia propugnatores, (de 
Romanensibas enim ut quidquam dicam, necesse non est,) paucos 
forte secum consentientes habebit. Non tantum enim nullum hujus 
rei in Scriptara Sacra exstat vestigium, sed contra, eosdem plane 
et episcopos et presbyteros tempore Apostolorum fuisse innuitur. 
Certe presbyteros etiam episcopos dictos ex Act. 20, 17 et 28, con- 
discimus. lidem enim presbyteri, quos Epbeso ad se arceasivit 
Paulus, ver. 1 7, diserte episcopi vocantur, ver. 28. Sic et quum Paulus 
jussisset, ut Titus oppidatim constitueret presbyteros idoneos, qui esseni 
inculpati, tanquam dispensatores rerum divmarum, non luxu infames, 
aut contumaces, (Tit. 1,5,6,) statim rationis loco subjicit, quod tales 
deceat esse episcopos. Qui pro episcopatus orig^ne divina pagnant, 
aimul asserere solent unius urbis unicum tantum esse posse epi- 
acopum. At Ephesi plures fuisse episcopos itidem ex Actor. 20, 
17 — 28, patet. Nee est, quod excipias, non Ephesinse solum sed 
aliarum simul Asise urbium episcopos intelligi. Ejus enim rei 
nollnm apud Lucam deprehendimas vestigium. Accedit, quod et 
ex Philipp. I, I, recte colligatur, Philippis quoque plures fuisse 
episcopos, seu, quod perinde est, plures presbyteros, qui et epi^ 
scopi dicti sint, et qui omnes fiierint sequales. Quum vero etiam 
Actor. 20, 17 — 28, de episcopis seu presbyteris dicatur, quod 
attendere gregi et pascere ecclesiam Christi debeant, unum omnium 

16 [Ibid. p. 48. Ed.] 



THB latut tsbsiok of BisoHAif's works. xi 

Auwe officiom, nee episcopos pecnliare aliquod pne presbyteris 
habniflse, inde edocemur '^. Idqne confirmat Petnis, quando inquit, 
Preabyleroi obttcro ego comprabyter (avfimpttr&vnpot), ptucite gre- 
geia, giU ta vobi» at. ( 1 Ep. 5, i, 3.) Ubi, qnum ae miurpnrffinpoii 
ippellitet, et tamen episcopos alloquatnr, nullQin ioter preBbyteros et 
episcopoa eum coiutitnisae discrimen manifestum est. DiBerte qno- 
qae, qaod epiKopomni monas eat, patctre gregem prerbyterig tribuit. 
Atqne, hec qanm ex Sacris Literis constent, testimooia scriptoram 
eodesiaaticorum, qiue episcopatas origtoem ab apoatolica derivare 
institutione videntur, noa miilturo Dobis fsceseeat ne^tii : quan- 
qiiam u paulo accuratius considerentnr, nee nostrK repugnent sen- 

lidgfH atietoreg, inqnjt Binghamas notter<7, c^ierit omnibut eon- 
tentientibui dtelaranl, non egge eum (epiBCoponim ordinem) ab hoiai- 
nbut imventum, aed tttilio ab ipsit ApostolU er divina ordi»atioite 
eonttihitum. Epitcoporum ordinem, in se spectatum. non esse ab 
homimbns inventum, sed ab ApostoliB, quin ipso Cbristo inatitutuiii, 
labentes fntemar, idqae nos ijisemet condocet Apostolus, Eph. 4, 1 1 . 
Sed qQKStio est de ejasinodi ordine episcoporum, qui a presbytero- 
nim ordiae non tantum diatinctus, sed eodem etiam multutn est 
taperior, ita nt mauera qufedam illi tribuantar, quibus presbyteris 
fungi noo licet ; quem si secundi tertiive ssculi Patres apostolic^ 
constitutiODi tribuerent, mirum equidem id non esset, cum jam e 
tempore episcopi se aapra presbyteros efierre inceperint ; facileque 
contiDgere potuerit, ut eam quam animo conceperant, episcopi no- 
tionem in Elcclesia apostoUca se invenisse sibi persuaderent : nee 
tamen istud ex illoruni, quee proferuutur, testimoQiia colligRs. Pro- 
vocat Anctor '^ ad illud Tertulliani : Ordo epiacoporwn, ad originem 
n Joamnem ilabit auctorem '9, (Adv. Marcionem, 1. 4. e. 5,) 



■< [TU* s^uincDt igHiut tbe Author's use of Act. 10, 17 — iS, is BDiel; not 
of modi wcdgbt. If theae elders were prabfUri litersUj in our sense end onlf 
so, tlun, I giaat. Full terms theia bitkopg, or mther eiKTueri, as thej oier- 
looked snd wstcbed for their reqwctiTO fli>c1u. But it is acsrcel; likelf that 
BpbesDi alaae had so msnj ptstors slreadj st that time of daf. Ii it not more 
probable tta^ the ehi^ miniiteri or ruling tldm of BphesDi snd the regioDS 
•nnmd had Bsaembled at the metropolis eipectiog that Psnl might meet them 
thov, which bong onabla to accomplish, he summoned them to the sea-coast, 
aai so held a coimcil of ch^fpaitort or real biahept at Aliletus ? Ed,] 

17 [nrid.s.3.voLi.p.si. 

18 Ihid. Tid.nn.46,47. Ed.] 

I> [I maj take this opportunity of replying to a most needless stricture, which 
Dr. George Campbell, in his Lectures on EcclesiasUal History, (Aberdeen, 
T. 1. p. 169.) has thought proper to pass on the way in which my Ancestor 



"' 1 



Xll THB PRHFACB OF BUDDEUS, PRBFIXB) TO 

Addit : Quocum ejtncte congru'U, quod Clemens Aienmdrimu de eo 
(Joanne) memoruc prodidit, nimirum quod, quum ex intula Paimo 
Ephesum rediUset, ad fitutimas quoque provincias we coutulerit, vt 
episcopos comtUueret, et homines sibi a Divino Spirilu indicaiot ta 
clerum quendam seu sortem Domini seponeret ; (In libro. Quia ditres 
salvetar? p. 185.) Veram (Hementem Alezandrinam in hiace verbis 
nihil aliud dicere video, quam, Joannem, cum ex Patmo insola Ephe- 
sum rediisset, in provinciis finitimis episcopos constituisse. Nom 
tales, qui a pre8b3rteris fuerunt distincti, iisque multum soperiores ? 
Id vero Clemens non dicit ; nee ex verbis ejus hoc coUigere posanm. 
Alibi equidem, (scilicet Psedag. 1. 3. c. 12.) presbyteromm epiacopo- 
rum, et diaconorum ita mentionem facit, ac si jam tempore Joannis 
ista ordinum distinctio in usu fiierit : quemadmodnm antem ibidem 
presbyteros ante episcopos ponit, ita si vel maxime aliquale diacri- 
men, Joannis tempore, inter episcopos et presbvteros ezistere coepisae 
largiamur, nondum tamen inde consequi, discrimen hoc apoatolica 
niti constitution^ ex iis quae dicemus constabit. TertuUianus nimi- 

happened to render these words of Tertollian, — Ths order qfbighopt, when it ii 
traced up to ite original, will be found to have St. John for one qf itt authort, 

* It was doubtless/ says Dr. C, ' the distinction of one pastor in every church, 
marked by this Apostle, though not made by any who had written before him, 
which has led Tertullian, whose publications first appeared about a century after 
the Aposties, to consider him [St. John] as the institutor of episcopacy. These 
are his words, — Ordo jfc. ; which Bingham translates thus, — The order qfhiihope 
A-o, ; a palpable misinterpretation of our antiquary. Tertullian says expressly, 
Our inquiries into the origin qfthe episcopal order terminate in John the author. 
Had that Father said, Mundus ad originem reeensvs in Deum slabit ereatoremy 
would Bingham have rendered it, The worlds when it is traced up to its original, 
mil be found to have God for one of its authors 9 I cannot allow myself to think 
it. Yet the interpolation in rendering ereatorem one qf its creators, is not more 
flagrant than in rendering auetorem one qfits authors. By this version he avoids 
■hewlnff what is extremely plain from the words, that Tertullian did not think 
there was any subordination in the pastors of the churches instituted by the 

other Apostles.* 

I confess I do not quite comprehend Dr. Campbell's drift, except that he seems 
h» tak« injat pains in setting up a man of straw for the purpose of knocking 
Kt down* But I fancy my learned Ancestor understood Tertullian much 
Mt#r, and could translate his hard Latin much more correctly, than Dr. C. him- 
w4r *IHWtfi» t»> «lo > and surely the merest tyro might be justiy reproved for ren- 
j^/y^m^jl in %/#«»Mi#m •uclorem by will terminate in John the author ! The 
\!Ik!l» rtf wWl ^ Pwhapi If my Ancestor had written will rest in John, or unth 
^^^\'y i i^t t^^x^ ttf it* he would have rendered the place s om ewhat more 

wT^yT 1^ IT «(V if J«hn WW* «fi author rfepisoopaey, or an authontyfor U, 
^!^!^ lUJI Wtlffi ^> thmi he was ow# of its authors or founders? Now Ma/ 
^^ '*[^ ^^ ty«Httl«a *)•• m««i, though Dr. C. does not seem to think 
""^r^KJITn. <lnM ^«^ ^ tdwlawhip of another, he betrays the want of 



THE lATDf VBH8IOM OF BIXOHAlf'B WOBKfl. Xui 

ram Joanni episcopolis ordinia originem tribuere videtar. Qdo jure, 
neacio; nee satis perspicio, qnid ubi velit, quam verba ejus uDt ob- 
■cnrionu Certe et Panlmn jam antea preabyteroa, quoa et epiacopoe 
dictoa jam docnimiu, conatitnisM Actor. 14, 13, legimna ; immo 
Tito, nt idem in CretK inaatte orbibns foceret, mandaaae. (Tit. 1, 5.) 
Idem ai et Joannea fecit, nihil fecit, quod non et alii fecemnt Apo- 
■toli ; adeoque non video, cur ordinis epiacopalia auctor dici debeat. 
Aliter ai boc intelligat Tertulliaaua, et de ordine epiacopomm ab 
ordine preabyteromm diatincto loqnatur, primam quidem, an ejus 
hie unice atnndam ait aactoritate, merito quia dubitaverit. Qnod ai 
tamen quia concedat, quod aupra etiam aignificavimua, forte circa 
Gnero aevi apoitolici, vivente adhuc Joanne, discrimen aliquod Inter 
epiacopoe et preabyteroa, uau et conanetudine invaluiase, ietndque 
tDstitntnm, utpote ad eccleaiarum commodum comparatum, calculo 
too approbaaae Joannem ; porroque contendat, boc aenau Tertullia- 
Dum epivcopatus originem ad Joannem rettdisse ; non magnopere 
tepngnabimna, qnam rursua inde non sequatnr epiacopalem ordinem, 
to sensa intellectum, ex apoatolica conatitutione originem auam ac- 

■0011x7 in luRiaelf. In fact, if Dr. C. vould dnw an ■rgninent agaiiut eptocopacf 
iDd in &Toiir of pnHbjtraiaiiiHn from the pauage of Tertnllun, it ii he who per- 
rarti and miaappliea, utd Dot the author of the Originea, who knew far better 
what he was doing. However, I wouU add in the Doctor's own words, that lA« 
dMmefton ^on« paHor in m«r|F Aureh i> in tmth jnrt what episcopac; origiTuJlj 
w«a and ought to be. A biabop'i diocese, which primitiiel; waa atfled a pariik, 
waa At one chnnh whwe the ruling elder waa diitinguiAed from all others bj 
hoUing office over the rert and having rank a1>0Te them, for the govemmeDt of 
the people and control of the mbordinate preabyten in charge reapectively of 
the aabdrrinoni of Uuit mu great pariA In the detaili of their own peculiar 

1 would jnit obaerre, too, that I quite agree with Dr. Campbell that JosKPn 
BlHUKAtt would nerer have rendered Mundiu ^e., by wUI itfiund Id havt Ged 
for MU qfitt mithort. I should think not indeed < Had my Ancestor been called 
upon to translate inch an awkward sentence, he would have said, — not. WUl i* 
fomtd le terminatt in God Iht snMot,— but. Will bejomul la have God for if 
eai&or. According!; I coold wish the passage from TertnUian had been rendered 
jut so, nutetii Muiandu ,■ but, howerer, that is exactly what mf Ancestor did 
mean to saj by Ihe phnse, W^ be found to hmt St.Jolmfor one nfUt autiuiret 
and he pnrposelj translated the place as he has done, lest be should seem to 
nake Tertullian sa; too much hj a phrasaologj implying that the African Father 
spc^ of John as the only author of episcopacy, which was not his meaning, who 
Icnew foil well that other Apostles were authors of it likewise, and St. John only 

The subject is scarcely worth so long a note, and yet the Doctor's cHtique is 
too uDJost for me to have paased it by without this deRmoe of the Author to 
unreaaonably blamed. Ed.] 



XIV THB PRBPACB OF BUDDEUS, PRBFIXBD TO 

cepisse. Dudum enim antea eju8raodi Ecclesise regimen, in quo 
nulla episcoporum prae presbyteris fuit €$ox^i obtinuit; quodve nsa 
et consuetudine introductum calculo suo approbavit Joannes, id mi- 
nime ipseinet apostolica auctoritate instituisse dici potest. 

Quum ea, quae Auctor subjicit, et ex allatis istis testimoniis con- 
cludit, ex dictis dijudicari queant, de Irenseo tantum qoedam obser- 
vabimus. IrenauSy inquit 20, m eandem senieniiam mentem swum de» 
clarat, Apostolorum tempore tarn episcopos quam presbyteros /kisge m 
Ecclesia. Conventum enim in Mileto dicit episcopis comtiiiste el pres- 
byteris, qui ah Epheso et a reliquis proxinus chntatUms AsUt^^ eo 
eoiissent, (1. 3. c. 14.) Verum, quum Irenseus ibi ad ea respidat, qa» 
Lucas Actor. 20, 17, seqq. refert, dispiciendum, utrum, quae didt, 
cum narratione sacri scriptoria consentiant, an minus ? Si consentire 
dicas, admittas quoque necesse est, eura vocibus episcopis et presby- 
teris avvowiuKm usum ; quum Lucam eas ita usurpasse longe sit 
manifestissimum. Si non consentiat, cui magis credendum, Lucse, 
an Irenaeo ? Atque sic quidem in eo quoque errat, quod episcopos 
ct presbvteros non modo ab Epheso, sed a reliquis proximis civi. 
tatibus, Milctum convocatos dicit : quod apud Lucam non exstat ; 
quippe qui tantum presbyterorum, quos Epheso Miletum arcessi- 
vcrit I'aulus, meminit. Comprobari autem hoc Irenaei exemplo po- 
test, quod antea observavimus, veteris £k;clesise doctores baud raro, 
quam ipsimet animo conceperant episcoporum imaginem, horum- 
quc a presbyteris distinctionem, incaute admodum aevo apostolico 
tribuisse, licet inde tam procul nondum remota esset, quam sequenti 
factum est tempore. De Irenseo hsec equidem porro Auctor doctis- 
simus subjicit 22 : Favens igitur huic hypothesis episcoporum succes- 
sionem eorumque originem ubique ab Apostolis deducit, Ut quando Hy- 
ginum nonum locum episcopatus per successionem ab Apostolis habuisse 
dicit, Et alio loco, exhibens nobis accuratum catalogum duodecim 
epitciiporum Romanorum, qui usque ad ipsius €etatem successive isti 
sedi pric/uerunt, de Lino eorum omnium primo, dicit eum ab ipsis 
Apostolis, Ecclesia primum fundata, episcopum esse ordinatum ; et de 
eorum postremo Eleutherio, eum duodecimo loco episcopatum ab Apo- 
Mtolis habuisse, Exhibet deinceps sect. 4.23 Indicem seu catalogum 
qiiscoporum primum ab Apostolis ordinatorum. Sed nee haecce nos- 
trwn cjvortore uut labefactare possunt sententiam. Quum enim con- 
cedanuia, immo lubcntes profiteamur, a Paulo aliisque Apostolis bine 
inde presbytcros in Ecclesiis a se plantatis constitutos fuisse; et 

iO [Ibid. p. 51. n. 50. 21 See my suggestion at n. 16, preceding, 

•ii Ibid. p. 51. n. 5 1. 23 Ibid. pp. 53, seqq. Ed.] 



THE LATIN TEB8ION OF BINOHAM'b WORKS. XT 

vera, aut circa Gnem svi apostolici, aut atatim poat iUud, primo 
pnedpuoque preebyteronim, obi plures enuit, aomea episcopi, quod 
omaibuB antea coininuDe fuit, «arV{o;{4>> hsserit ; nihil obstat, quo 
minus in qnibasdam Ecdeeiis succewio episcopomm ab imo qnodam, 
ab ipsia Apostolis conelituto, repetatur. De ipsa primonun, qui 
RoDue fniMe dicuntur, episcoporum ancceMione multa adhnc diapu- 
Mri Solent, qiue hujtia loci dou sant. 

Quae Anctor noRter doctiseimus, libri aecundi capite secundo M, de 
diveraia bonorum titulie, quibus in primitiva Eccleaia epiacopi ornati 
fnerint. disaerit, proreus egregia aunt, rebuaque obacurioribus lucem 
affundnnt. Qoum docuisset, veteromque teatimooiia comprobaaaet, 
amneB epiacopos priroam vocatos apottolot, deinde aposlolompt ne- 
ctnoret ,- recte inde concludit probatque unamquamque episcopi ae- 
dem apoatolicae eedia nomine veniese ; fallique adeo magnopere, qui 
hancce appellation em aoli epiacopo Komauo vindicare annitantur. 
Offendere quenquam poaeet. quod olim epiacopi etiam primape* 
poptili, itemque prmeipea eccleiice, Spxoyrtt AucXqffwr, appellati aiat. 
Nee tamen puto, eos qui iatia somiDibus usi sunt, imperium aliqnod 
aut potestatem civilem iia tribuere voluiaae, quipjie quam ab Apoato- 
lonuD, et qui in eomra locum aucceseuri esaeot, munere longissime 
abeeae, ipae Servator voluit. Nimia episcopornm veneratio ejuamodi 
voces qoibuedam extorsit, qus tamen ut ad alendam ac fovendam 
episcopornm ambitionem ptuiimum valebant, ita non negaverim, eas 
reliquia caaaia accessiaae, qnee efiecerunt ut ex episcopia imperantca 
rernmqne domini fierent. Quemlibet epianopum olim papam, aire 
patrem dictum, notum est. Nicephoma equidem fidenter aeaerit, 
Cjnillum Alexandrinum primum ietioa regionia episcopum fuisee, cui 
honor tate obtigerit, nt papa aalutaretur; et qoidem idea, quod Ck- 
lestini papte, aeu Roman! pontificia, in Concilio Epbesino fuerit lega- 
toi. Scriptorea vero Arabici Homaidiua et Abnbacrua Habbaaidea 
aliter sentiunt, idque nominia patriarchee Alexandrino primum datum, 
et poatea Bomam delatum ease, contendunt ; hoc ipso aignificantes, 
Romaaos pontificea appellationia bujue privilegium perperam nbi 
solis vindicare. Sed Anctor noster luculenter demonatrat non uni 
alicui epiacopo aut patriarcbs hocce nomen olim fuiaae tributum, 
quin potius communem omnium fuiaee appellationem ; quippe qui 
eecletite patret itemque palres clericonaa dicti ^iot ; papam autem 
nihil aliud Bigni&care, quam palrem .- immo Tertullianum (in Libro 
de Pudicitia, c. 13.) de epiacopo quodam, ptenitentes recipiente, lo- 
quentem, eum bertedieltim papam appellitare. Ejuadem generis eat, 

24 [Ibid, pp. 6o-7«. Ed.] 



i 



XVI THB PBBPACB OF BUDDKU8. 

quod itidem prseclare docet, non soils episcopis Romanis, sed et aliis 
quandoque patris patmm et episcopi episcoparum nomen datum. 
Unde rureus niaximopere falluntur Romanenses, quando, in ejuamodi 
appellationibu8 singulare causae suae se invenisse pnesidium, sibi per- 
suadent. Immo et hoc addit Auctor, atque Inculeoter erincit, omoes 
episcopos olim vicario* CkriHi nuncupatos esse : Qtut appellation in- 
quit 25, non minori eis jure competebai, quam illis ^tn, posteriorUnu 
temporihui, earn sibi solis vindicare aim nmt. Quo ipso iterom Ro- 
manensibus argumentum eripitur, quo ad tuendam Pontificis sui 
supremam potestatem uti illis solemne est. Ultimo deniqne loco 
observat, episcopos etiam angelos ecclesue dictos, et hinc verbis Apo« 
stoli, 1 Cor. II, 10, de quibus acriter viri docti inter se disputant* 
lucem afiiindit. 

Atque hsec eum in finem a nobis allata sunt, ut prsestantiam operis 
hujus omnes inde intelligerent ; et licet eruditissimus Auctor aliquando 
Ecclesiae suae placita sequatur, hsec tamen non obstare, quo minus 
plurima inde ad omnes, qui illud legerint, redundare queant com- 
mode. Id certum positumque extra controversiam, nullum in hoc 
genere exetare scripturo, quo integra velut totius antiquitatis eccle- 
siasticae imago exhibeatur^ quod cum hocce comparari, multo minus 
eidem prseferri queat. Hinc et nullus plane dubito, quin vir iUe cla* 
rissimus, qui in Latinum sermonem ex Anglicano illud transtulit, 
omnibus, qui hasce litems recte aestimare didicerunt, rem fecerit longe 
gratissimam. Eoque majori lande dignus est, quo exquisitiorem ad- 
hibuit diligentiam^ ut mentem sententiamque accurate non minus, 
quam perspicue et eleganter, exprimeret Immo ne quid deesset, 
quod librum huncce omnium usibus aptum redderet, testimonia Pa- 
trum ab Auctore laudata ipsemet evolvit, et, ut summa fide exhiberen- 
tur^ omnem navavit operam. 

Plura non addo, quum ipsa operis hujus lectio, quid ex eo speran. 
dum aut exspectandum sit, quemlibet omnium optime condocere 
queat. Scribebam Jenae^ die 11 Febr. 1724. 

Joan. Franciscus Buddbus, 
Theol. D. et P. P. O. 

25 [Ibid. pp. 70 et 71. Ed.] 



THE PREFACE OF GRISCHOVTUS 



TO THB 7IBST PART OP HIB LATIN TBRSIOH OF 



THE ORIGINES ECCLESIASTICS. 



QoANDO ipM cdeberrimiw hanim Orioinuh sive AHTiauiTATUH 
GccLKSiAiTicARUM, qnantm libri dao priorea, in Latinum Bermonem 
t me tranalad, none in pablicam prodeont, Aactor de tola inatituti 
tui retione lectorem, qoiuitnni satia est, monnit', Venerandns etiam 
Tbeologus JeoeDsia, D.D. Jo. Fraac. Buddeus, in Prae&tione bub, in 
Uadem et commendatioDem hujus operiB, multa prteclare et vere 
dixit i Qon eati qnod aliqua hujoecemodi monitiaQain accesBio a me 
eipectetor. Panes tamen habeo, qan ad banc Latioam editionem 
pnecipoe attinent, aon omnioo pnetermittenda, 

Primnm qaidem de libri rernone Benevolo Lectori asMTerandum 
daii, me in ea adonumda id egisie fideliter, ut verbis Anctoris mei 
non tantnm alienum Bensnm ne darem, Bed ut ea etitun perspicae et 
plane redderem. Qnod an abique satis felidter et ex Bententia a me 
prKBtitnm «t, alii atrinsqae lingrue callentes judicabunt Qui eicubi 
me aberrasBe deprehendent (neque enim, ut cum Auctore loquar, 
mibi adeo Ss^mu^ sum, ut hoc a roe alienum putem) ; veniam mihi 
n [SnffeniM wu ■ poetuter of the age of Catulliui, u renwbible for bis bad 
ratea ■■ be mj fot tiie moM eudted notioiu of his own abiUtiea. ConBeqnentljr 
he was tba butt for the just ridicule of hii conlemporaiiea. See CBtoUns, (Eplgr. 
11 ad Tamim,) where he thni apeak* of blm : — 

Snflenlia iate. Varre, quem tanle noatl. 

Homo eet veniutQB, «t dioi, et nrbanus, 

Idemqne longe plurimoe facit leniu. 



Hkc cam legaa, torn belloa ille arbaoDS, 
Suffenoa, nnua t^rimnlgiu aat toHor 
RniMU Tidetor; tantaia abboiret et mutat 



Idem inficeto est inficetior rare 
Smnl poemata attigit, nequc idem nnqium 
Xtpie eat beatna ac po^ma cum soibit ; 
Tam gandet in ta, tamqne se ipse miratur. 
VOL. U. b 



will rm: iiKsr iMiKKAcK 

f ) ( Diitiiiiiilui- j)i\*niiUu, (juod Ik-li^icii' \\'i\-iunis auctor-", ip>a ua — 
tione et lingua Anglus, et iduneus alioquin popularis sui interpres, 
hie ibi errasse^ mihi observatus est. Taceo, qaod semel atque ite- 
nim qaaedam oiiii88a29 esse viderim. Latinitatis studiosus quidem, 
sed non superstitiose tenax fui. Christianis enim, qaoram in ritos et 
consuetudines coromentatus e^t Auctor noster, nomina et res multse 
peculiares atque proprise sunt, auetoribus, ut vocantur, classids 
ignotse, quae ideireo horum vocabulis et phrasibus non semper per- 
spicuc satis reddi possunt. Malui igitur nonnunqoam minus Latine 
quani minus signifieanter loqui. 

Deinde de testiraoniis, ab Auetore allegatis, nonnihil dicere visum 
est. Clnrissimus videlieet Binghamus ad caleem cujusque paginae 
bene multa uuetorum loea notavit, quibus relationes suas super- 
•truxit. Ex his quidem nonnuUa, prsesertim ea, quae ex PfttribuB et 
Auotoribus Latinis citavit, Lectoris conspectui plene interdum, ut pla- 
rimum autcm carptim deseripta, exhibuit. Pleraque vero nominavit 
tantum, ab ipso Lectore evolvenda. Qua de re, ubi ad translationem 
jam aggrcBBus cram, me quidam monuerunt, sibi non utile tantum 
•ed necessarium etiam videri, ut omnia testimonia integ^e exscribe- 
rentur. Paueissimis enim datum esse^ ut tot libros evolverent, in 
eorumque allegatis locis probationes qusererent examinarentque, ad- 
eoquo Lcetorem non posse non manere dubium^ an ea, quae Auctor 

Murvtui would road Ft^fenus for Suffenus, It is remarkable that the name, 
though given in the earlier editions of Lempriere, is omitted in the later, neither 
li It nuUcMid in Mr. Smith's Dictionary of Greek and Roman Biography, London 
I H4(). I may take this opportunity of remarking, how much it is to be regretted 
thai In nuinc«rooi Biographical Dictionaries and Gazetteers various names, whidi 
MW rctgardiKl as unimportant, have been cut out or omitted for the sake of econo- 
iiilMlttg ppat'o and stinting letter-press and paper. Yet the record of every name, 
howftvm* humble, may sooner or later have its use. Ed.] 

])7 [f liavn ai(M)rtalnod through a literary friend that a Dutch version of the 
Arst two ^olumits of the Orioines Ecclesiastics by an anonymous translator 
was publlnhoil at Amsterdam in 1720, and is still extant in the libraries of 
Holland* I apprc^hrnd that, its utility becoming neutralized on the Continent 
by thit iUiMtfior Latin version of Grlschovius, it was for that reason carried no 

Airther. Ko.] 

M Vld« e.g. lib. 1. c. 1 1. B. 3. [vol. i. p. 134. of this edition,] For in Afric at 
th$ iim$ f/ lk$ CtMatim qf CartKagty 8^0,^ ita contra sensum reddidit : Want ais 
in AJHea h$i Biidom van Carlhago tUmd btgeeven te unmUn. 

W Vide lib. «. C. 3. i. 5. [Ibid. p. 77.] ubi haec. Which was alwayt performed bjf 
• 9^m4 ^f hiehoptt non vertlt. Item lib. 1. c. 10. s. 2. [ibid. p. 124.] omissa sunt, 
y^ ttrmigen, who iwrt unknown to the peopie, were futt reckoned guali/ied by the 
]ib« t. G. 15* 1. 1. [Ibid. p. 1 70.] desunt h«c : And from this he had the 
itflidtruemr emd InHrventor, Lemmata paragraphorum scpissime (culpa, 



09 QBIB0H0VIU8. XIS 

proponat, indicatis teBtimoniu satis sint conGnnata. Qiue quum ita 
Muuno acM habere pereaaauK CMem, eomm conailio me sequDturum 
racepi. Itaque ingressus sum viani primo quidem intuita facilem et 
pUpam, qiiam vero in progressa satis diflicilem et salebrosam esse 
tognovi. Primum eaim non multo post aactores quidam ruihi de- 
CHe ctBpenmt. Inveni eqaidem in officina Oqihanotropbei Qostii 
Ubnria imognem libramm etiam compactonim copiam, ab eo, qui 
hnk officiiue Divino Data inde a primis ejus initiis pneeat, magna 
itqne landanda indastria per multos oqhoh collectam, ex qua pluri- 
nun eoaqoe utilissimos ac rariseimoe depromere mihi licuit. Non 
pancoa tamen ad huDC laborem mihi omaino neceasBrios in ea desi- 
derari animadverti. Horam ergo nonnoUoB partim e publicis, qu« 
hie aperiimtiir, (inter qoas ipsa dicti Orphanotrophei, a memorata 
officina libraria kd bibliopolio diverea, referenda est,) partim priva- 
da bibliothecis, cooquisivi et accepi mntno. Qnosdam vero, cum 
primis Anglicanos, reperiri nusquam potni. Deinde in evolveadis 
ittis libris non eiigna difficnltaa fsepe mihi sobnata Aiit. Editiones, 
qoBs ad manoB habai, ab iis, qoibos asua faerat Aactor, plerumque 
fuemnt direreie, ideoqne allegata toca iis, quas indicevit, paginis non 
iaveni. Praeterea allegationee (quod viri celeberrimi pace diierini) 
non raro ragas atque erroneas deprehendi. Voffos quidem, dam li. 
bram aliquem longiorem (exempli gratia Justini Martyris et Atha- 
Daaii Apologias, N'azianzeni OrationeB, Chiysostomi Humiliaa, Hie- 
ronymi Epistolaa, Condliorum Actiones, &c.) sioe alio sectionis et 
peginw indicio citavit. Erroneat autem, dum eo loco, ad quern pro- 
vocavit, nihil eomm, qus dixit, exatare vidi. Hinc vcl uniua voca- 
Irali gratia longam ssepenumero Orationem, Apologiam, Epistolam 
ant alind acripti genus legere atque iterum legere neccsae habui. 
Quod si poBt aliqaot horas continuas tandem inveni, quod qucesivi, 
editionia mes librum. aectioneni, poginam et id genus indices alioa 
adacripei, Auctoria indicibua vel una additie, vel, si aperte falsi fu- 
emnt, omissia : ain autem in investigando operam et oleum, quod 
aiont, perdidi ; paucia verbis, nt plurimum vero apposito hoc signo f, 
id ipaum indicavijo. 

In ipais autem transcribendia testimoniis ita veraatus sum, ut, ?i 
ilia e Gnecis Patribus et Auctoribus fnerunt petenda, ipaa iUoruni 
verlHk Grteca ponerem, Latinamque eorum veraionem, in gratiam 
lingne Grecoe expertium, eimul adderem : nisi hxc in ipso Auctoria 
eermone jam eistaret. Ille enim SEcpiesime auctorum suorum verba, 

so [Nearlr the whole of theie dtUioiiB I have sncceeded in correcting and sup- 
pling in tlwir proper places, as I lUTe itatnl in m; Introduction prefixed to the 
fini Tolnnw of thia editioD. Ed,] 



\\ I hi: v\n<\ i'!u:iA( i: (»f «.HiscH<)Vir>. 

Ahf^hcr tjuidiiii rciklila, mii< intcrini^iuit, (|ua^ Cijo mibi lingua Lu- 
tina, versioni mese conBentanea, exhibeo. Latinorum autem verba 
ibidem vel in annotationibas Latine sisti oportnisse, per se patet 
Non ingratum autem Lectori fatorum poto, quod nonnanqaam loca 
pauUo long^ora descripsi, ubi nenrum probandi, cai intentus Auctor 
fuit, tiepe duobas tribusve verbis indicari potoisse quia existimaverit 
Ktti enim ipse Auctor multa testimooia hoc modo excerpsit, quod a 
scopo ipsius baud alienum fuit, quando lectori Anglicano vulgari 
poll ssi mum se scripsisse profitetur ; mibi tamen testimonia in con- 
iDXtu ot cohirrentia sermonis ob oculos ponere placuit, quod Lecto- 
ritm dc c^oruin sensu et probandi virtute alias ex vero judicare non 
piiMHti orrilidi. Quod si quern locum nimis longum esse yidi, satios 
oiiililiio {\u%i ill sola allegatione acquiescere, quam, aliquot chartse 
UlDra ooiiiplondo, libri molem illiusque, simul sumptus atque pretium 

Ilivii sunt, quw de hac primi voluminis editione monere volui. De 
rt)Hi|Uoruin voluininum versione nihil certi promitto, ne Divine Pro- 
videiitiw, A (|ua rt:>i mortalium pendent, temere antevertere velle 
videar. Quod si Dous longiorem hujus lucis usuram, vires animi et 
oorpuris, nooessarium otiam otium concesserit^ et si has hajua opens 
primitias publico gratas esse intellexero, fieri potest, ut conscientibiis 
St approbaiitibus iis, quorum oonsilio hunc laborem suscepi, in in- 
oepto p«)rgam. 

Quod n»li(|uum est. Uenovolum Lectorem adhuc rogo, at si qua 
errata typographioa obsorvaverit, ea ipse emendet. In parando enim 
exemplari ad finom usque occupato aliisque neg^tiis districto mibi 
uon liouit ea investigare et coUig^re. 

Deo autem Optimo Maximo pro auxilio mibi prsestito gratias ex 
animo ago ; ipsumque oro» ut banc qualemcumque operam meam in* 
fructuosam esse no patiatur. Scripsi Glauchse ad Halas Magde- 
burgicas. Nonis Martiis 1724. 

Jo. HxNR. Grischovius. 



THE PREFACE OF GRISCHOVIUS 

TO THB BBCOMD PAJtT OF HIB TBRSION OF 

THE 0RIGINE9 ECCLESIASTICS. 

LECTORI BBNBVOLO S. 

Qddm anno aaperiore Ubro« dnoa priom Oeioinuh aive Anti- 
qttiTATUH EccLBBiABTiCAKDM Joscphi Binghami Latine redditoa, 
UDoqae Tolnraine compreheDBoa, in lucem publicam edidi ; de reti- 
quorum qaidem ralamiDimi eubftequntora Ternione nihil c«rti polli- 
dtiu sum ; quibusdam tamen coaditiooibus in iacepto me perrecttt- 
ram declaravi. 

Qnemadmodum igitar, quod ad istBTum conditionum ultimam at- 
tinet, noD molto poat tam privatia non nnlloram epiatolia ac ser. 
monibiu, torn publicia aliorum ecriptiB, intellezi, laborem istum 
menm non inulilem baberi ; ita, qnando Dena O. M. prioree etiam 
inihi dementiaaime indulut, Jonio mense exeunte pedem nlterios 
promovi, et mediocre aliquod spatiani, quantom per ordinarias oc- 
cDpationea licnit, hoc nsqae emeneos sum. Quatuor nimirum «e- 
qaentes libros, tertiura, quartum, quintam et sextam, abeolvi, quoa 
boc secondo Tolomine nunc in valgaa eiire jnbeo. 

Quo nodo in faac elabonitione Teraatas aim, nibil attinet I)ic 
exponere, quia eandem, quam in primo volumine inii, viam sum 
proeeqnutua : qua de re in pnemisBa ittti volumini Pneiatione, quan- 
tum necesie fuit, dixi, adeoque Benevolum Lectorem eo remitto. 

Indicem ex virorum doctonim deaiderio, qui de primo volumine id 
publice monuerunt. in hosce priores Bex libroB eubjungere, animus 
milii initio fait ; sed re raagiB deliberata mutavi conailium, satinB 
ease ratus, ad totius opens finem hnnc ipanm reservare : ubi liectori 
bac in re. Deo bene juvante, cumulatisBime aatistiet. Interim in 
generoliore cnjusque volaminia conspectu prscipuas materias, quia- 
qaia quserere volet, reperire facile potent. 

Supereunt adbuc libri uptemdecim ; viginti enim tree de boc 
o Aactor coMcripsrt, eosqne decem Tolummibne divnlgavit. 



XXU THE 8BCOND P&BFAOB 

Quorum ultimum quum anno 1722 edidisset, proxime insequato 
1723 31, diem suum obiit. 

In hujus celeberrimi viri e vita excessum in novis Londinenaibiis 
inscriptio qua'dam publicata, et ab bonoratissimo quodam amico inde 
excerpta, atque, ubi primum volumen modo prodierat, Ix)ndino ad 
me missa fuit : quam si nunc etei pauUo aerios cum Benevolo 
Lectore communicavero, rem non ingratam ipsi me fiEu;turam con- 
fido. Ita vero se babet : 

Obstupeace, Viator ! 
Venerandi Cineres bic sunt reconditi ^ 

Josepbi Binghami, M.A. 

Collegii Universalis apud Oxonienses 

Quondam Socii; 

Cujus multiplicem si spectes Doctrinam, 

Si exactam veteris Disciplinse 

Et consuetudinum Ecdesiasticanmi notitiam, 

Quam multis scriptis prodidit, 

Cyprianica ^tate vel etiam Ignatiana 

Vixisse agnoscas. 

Nisi quod non esset Episcopus. 

At vse sseculo meritorum immemori, 

Ingrato, 

Quum, qui Patriarcbatum in Ecclesia meruit, 

Non nisi Havanti ^ in Agro Hantoniensi 

Parocbus obiit. ' 

Al Quo raense ct die mortuus sit, resciscere nondum potuL Aiunt auctumno 
Inclinato in hiemem id factum esse. [On August the 1 7th, 1 713. See the Life, 
among the Prolegomena^ prefixed to the first volume of this edition of the entire 
Works. Ed.] 

3'i [This phrase is more classically correct than oondtuiiw, which is the reading 
of the original from the pen of Mr. Edward Clarke. Grischovius has slightly 
aliorod some other clauses. See the Life, as dted at the end of the preceding 
note. Kd.] 

M (M. Bingham us primum Rector of Headbom -Worthy, near Winchester, et 
poHl«Hi imb llavantum translatus, Rector of Havant sese nominavit, quo ipso non 
lutlo litcmrlo, uti quidem ista appellatio in nostris oris eum sensum suppeditat, 
hihI tHM'U^«iMt utriusciuc loci pnefuisse intelligendus est. In Anglia enim, quemad- 
lU^Mtuiu lutt^rpn^to oodem amico didici, inter ecclesise alicujus ministros is Rector 
\\\\^\\\^x «|\U priinuN rt ordinarius animarum pastor est, et die Dominica solemni- 
^i\'%(m ml poimbiiu iHtiu^ionem recitat, si quidem simul majores recipiat decimas. 
^^M« M \\Ks\\ tU«« primariu!) pastor, sed vel patronus ecclesiie vel ecclesia ipsa 
\'SiUWk^l« *ww* ^*»»»» W#«*/i»»*, «h1 lingua patria C«rai« * nuncupatur : licet easdem 

♦ IS^ u^^u^ i^>»\H^rly Vimr^ the term Curate in our ecclesiastical language, as 
H> \\\4^ V\^x^»x ^K^«li»MitlMg tho man who is actuaUy charged with the duties of the 
V ,14V, ^Va^ w, «^f» vsi»y 4mU*, whether Rector, Vicar, or Stipendiary. It b not 
*v^^v\^*^v\4 ^U^ ^^^ iWWMtt^ «ttviue should have written somewhat indistinctly In 



OF ORISCHOVIUS. XXIU 

Quod reliqaam est^ operam me datoram, recipio, ut (cay 6 Kvpios 
^tkfiajf, KM (i7<ri»/Mir) tertium Tolumen hoc secundo paullo amplias 
vertente anno appareat, et reliqua septem suo quodque tempore 
conseqoantor. Scripsi Glauchae ad Halas Magdeburgicas 8 Kal. 
Mart. 1735. 

Jo. H. Gribchoviub. 

alioqain, qiias RselOTy fimctioiies obeat. Eandem appeUationem postea in Hen- 
rid Spelmanni Glossario Archaiologico, Londini anno 1687 edito, inveni, ubi 
p. 48c b. h>ec leguntor : Rector Eodenai] lind. De Abbots dictum. Chart. Ala^ 
Mon. 43. Siicnh^aneta ecclecia S. Gaiium, qui (leg. qoc) est eorutructa in pago 
DvrffaniOf ubi ipeut in cerpore requieedt^ et Joanne* Abbot ad prasent Rector 
cedent este tridetur. Hnc spectant etiam> que Henricos Lndolphos Benthemua 
habet in libro suo Germanioo de Ecclesiamm et Scholamm AngUcanamm statu, 
p. 118. n. 7. Nun folgen^ inquiens, (tie RuraldeanB, war dietem ArchipresbyteH 
genennet . . . Hiera%tf kommen die priester einee ieden Kirefupielt^ wetche van 
ihnen pemeiniglich Rectors oder auch Vicars genennet werden. Confer sis etiam 
ibid. pp. 509, 510, 511, 51a, ubi in Constitutionibus Ecclesiae Anglicanae, quas 
aactor lingua Latina ezhibet, frequens Rectorum mentio fit. Qnm quum ita 
qint, non dubitavi, ad indicandum Binghami nostri munus, appellationem Rec- 
toris, addito Yocabulo Eedesiaf in fronte hujus Latins editionis adhibere : quum 
alias ecdesiarum nostramm stilo pastorem primarium, vel simpliciter pastorem, 
dioere ipsum potuissem. 

this note, intended not for us but for his countrymen, or that he should have 
confounded our popular use of Curate with its stricter sense. The minister 
officiating in a sole charge, the incumbent being non-resident, was termed Curate 
correctly enough ; but in course of time the name has been popularly given to 
any stipendiary doing the duty of another man, and permanently helping him 
under the bishop's license ; though, strictly, such a hireling is not a Curate, but 
only an assistant minister. Ed.] 



THE PREFACE OF GRISCHOVIUS 



TO THE LAST PABT OP HIS VBBSION OF 



THE ORIGINES ECCLESIASTICiE. 



LECTORI BENEVOLO S. 

ULTHfuif Orioinum sive Antiquitatum EIcclbsiasticarum Jo- 
sephi Binghami volumen lingxia Latina jam edo, simulque fidem 
meam libero, quam in secuDdi voluminis Prsefatione dedi. Mona- 
erant videlicet viri qoidam docti, qaam priinum Tolamen exiisset, 
addendum faisse Indicem : quibus ego turn respondi, sab finem 
totias opens desiderio ipsoram me, Deo bene juvante, cumulatissiroe 
satis esse facturum. Id nunc demum me prsestitisse perspicient. 
Triplicem enim sub calcem libri vicesimi tertii, qui in hoc volumine 
continetur, Indicem exhibeo, unum Rerum, alterum Auctomm, ter- 
tium Conciliorum. 

Ipse quidem clarissimus Auctor noster tres Indices operi suo sab- 
junxit: enimvero prseterquam quod Index Rerum in bac Latina 
editione multo locupletior, quam in Anglicana, facta est, secundua 
et tertius posteriores duos Binghamianos longissime superant, vel 
alia potius apparent forma. Quanquam enim Vir Doctissimus aucto- 
rom, quibus usus est, non nomina solum, (sicut alias plerumque fieri 
solet,) sed editiones etiam indicavit ; locum tamen, ubi hunc istum 
in opere suo allegarit, adscripsit nullum. Eandem rationem se- 
quutus est in Indice Conciliorum, quippe in quo praeter nomina, 
numerum canonum et annum, ad quem unumquodque celebratum 
fiiit, nihil habet In hac autera Latina editione singulis Patribus, 
Auctoribus et Conciliis paginas, ubi locus quidam vel canon citatas 
ett, annotavi 34 : ita quidem, ut, si plures alicujus scriptoris libri 
«dl«ffati fuennt, ad evitandam in evolvendis allegationibus con- 

M 1 1 ^>^i HiW wlibed to haTe done so myself. I did think of it, espedall j 

^w MM^i H> %h» CMions of the Councils. But I found it too great an under- 

taJMM^ ^*M H* ***^tfcm the augmentation of the Indices by several sheets, which 

^ %y^ Wv V^rtW^^ W considered detirable, it may be supplied in a future 



THB THIRD PRBFACB OF OBISCHOVIUS. XXV 

ftisionem et tsedium, diatincte eos posuerim. Qaam rem roultis 
lectoribus gratam me fecisse penuasus eum. Quum enim in hasce 
Originbs ingens notabiliuro seotentiarum farrago ez omnia generia 
scriptoribua congeata ait, talia Index, qai, ubicunque ex hoc illove 
auctore auctoriaqne libro hie ille locua allegataa ait, plane indicate 
illia mirifice prodeaae poteat, qui de aimili vel cognate argumento 
commentantur^ auctorea vero quoalibet, qoiboa opoa eia eat, nanciaci 
nequeunt. Quod ipaum et mihi in hac adomanda veraione asepiua 
Q9U venit. Quando scilicet Auctor noater de quadam materia ad 
scriptoria alicujua testimonium provocavit, neque vero illud inter- 
poauit ; turn ego, pro inatitnti mei ratione, illud exacribere cnpiena, 
si ipaius libri compos fieri non potui, quseaivi yel in Albertino, vel 
Cbamierio, vel alio quopiam auctore ; et beneficio iatiuamodi Indi- 
cum baud raro eum ipaum locum non aine gaudio reperi, quam 
Bingham ua innuit. 

Praeterea in gratiam eorum, quibua Latinam banc editionem cum 
Anglicana conferendi copia eat, hoc quoque de Indice Auctorum 
Binghamiano monendum duxi, viginti circiter acriptorea 35, partim 
alios scriptorum allegatorum libroaS^, ibi legi, quoa, quantumvia 
diligentiaaime qua^aitoa, nuapiam in ipaia voluminibua allegatoa de- 
prehenderim, adeoque in hujua editionia Indice omiaerim ; contra 
ea, non paucoa omiaaoa eaae 37, quoa in colligendia allegationibua oc- 

dft Ex. gr. Joannem Balemn, Martinam Chemmtiiim, Franciscnm Halloix, 
Joaimem Phocam, Joan. Mariam Thomasium, &c [These authors and some 
others of the same kind my Ancestor seems to have put down in his Index, 
because, though he does not expressly dte them in the notes^ he nevertheless 
distinctly refers to them or mentions them generally in the text. They will be 
found for the most part in my improved Index Auctorum, See, e. g., vol. 8. 
p. 207. No. 72. Ibid. p. 213. No. 163. Ibid. p. 263. No. 365. Ibid. p. 299. No. 
606. Ibid. p. 325. No. 763. Ed.] 

36 Ut Henr. Dodwell. De Jure Laicorum Sacerdotali contra Hugonem Gro- 
tium : Christ. Korthold. De Variis Scripturae Editionibus : Jacob. Usser. De Suc- 
oessione Eoclesin, &c. [See my Index Auctorum also, as before, p. 245. No. 
241. 2. Ibid. p. 276. No. 439. 3. Ibid. p. 327. No. 782. 2. In those places 
the full titles of these works respectively are given. Ed.] 

87 Constitutiones Apostolorum : Petri Lambedi Comment, de Bibl. Vindobo- 
nensi : Joannis Gamerii Librum Diumum Romanorum Pontificum, &c. [ The 
ApoetoUeal ConetUuHom, I conceive, my Ancestor regarded as included in his 
allegation of Coteleriut. See the Indes, as before, p. 236. No. 204. i. All real 
omissions I believe I have supplied even more minutely than Orischovius himself 
did. See No. 19, 33, 34, 36, 45, 62, 71, 90, iii, 116, 129, 136, 141, 153, 158, 
164. i95j '98> «o8, 209, 210, 221, 225, 226, 232, 239, 240. 242, 269, 287, 361, 
363* 3651 367, 37«> 414, 426, 438* 450. 4S.^> 468, 473, 474, 484, 490, 503, 521, 
535> 536, 538, 5S5» 582, 586, 612, 619, 626, 643, 64s, 65.^ 656, 664, 675, 683, 
686, 695, 703, 704, 714, 715, 719, 729. 730, 761, 777, 778, 781, 783, 787, 807, . 

830^829,858. Ed.] J^ 



XXYl THE THIRD PBBFACB 

capatos observarim^ et hie interposaerim. Quod de Indice etiam 
Conciliorum notatum volo. 

Cteterum uti Auctor noster, sub operis sui finem, gratum animum 
adversus eos, a quibua se adjutum esse intellexit, declaravit publice ; 
ita et roeas partes esse arbitror, idem ut faciam. 

Gratias itaque ago iis, qui vel publice 3^ vel privatim laborem 
meum approbarunt, meque, ut in incepto pergerem, cohortati sunt, 
narimum autem illis me debere profiteor, qui ex bibliothecis pro- 
priis 39, vel alienis, quibus prsefecti sunt 4°, libros mihi suppeditarunt, 
vel integra loca excerpta mecum communicarunt4i. Pro qua insigni 
liberalitate et humanitate ipsis omnia officia, quae quidem a me pro- 
fidsci possunt, promitto. 

Non minus autem cum Auctore nostro Deum Immortalem laudo 
et concelebro, quod et mihi hoc dedit clementissime, ut banc Latinse 
Versionis telam, ante hos sex annos4^ exorsam, etsi aliquando morbo 

M Post D. Joannem Frandscom Buddeum, cujus mortem, de qua his ipsis 
diebuB nimtias hue allatus est, cum bonis omnibus, ecclesiae evangelics causa, 
doleo, in Pnefittione yolumini primo praemissa, mihi innotuerunt darissimi auc- 
toves noYomm literariorum, que inscribuntur : Auserlesene Theologixche Biblio^ 
theCf Oder, CrUindUche Nachrichten von denen neue$ten und besten TheoiO' 
gisehen BiUhem ; et : Neue Zeitungen von gelehrien Sachen, 

89 £z nostne Academis doctoribus, honoris causa nomino Nicolaum Hiero- 
nymum Gnndlingium, h. t. Pro-Rectorem Magnificum, quem per aliquot heb- 
domades graviter segrotantem Deus respidat propitius, et in commoda utilita- 
temqne Academie convalescere, si velit, jabeat ! Paulum Antonium, Joannem 
Henricom Michaelem, et Justum Henningium Boehmemm. Ex Lipsiensibus/ 
Joaxmem Burcardum Menckenium. 

40 Homm in numero sunt, Christianus Benedictus Michaelis, P. P. O. cui 
Aoadonitt Frideridanse ; D. Joannes Fridericns Bieckius, et D. Joannes Georgius 
Franddus JCti, quorum huic post istum Ecdesise Marianie ; Joannes Henricus 
CaUenbergius, P. P. cui Orphanatrophei ; Hieronymus Freyerus, Psedagogii Pegii 
inspector, cui istius Scholae bibliotheca oommissa est : et, qui hoc nomine pri- 
mum laudandus erat, Henricus Julius Elers, bibliopola quondam Orphanotrophei 
eolertissimus, superiore anno, mense Sept. beate defunctus; cujus e penu ple- 
rosque selectiores et pretiodores libros, e. g. Acta Sanctorum ; Csesaris Baronii 
Annales ; Bibliothecas Patrum ; Scriptores Byzantinoe ; Philippi Labbei tomos 
Ck>ndliorum, et Patres Graecos et Latinos tantum non universos depromere mihi 
licoit. Nee praetereundus est, qui illius in locum sucoesnt, Henricus Zopfius. 

41 Id iterum iterumque fecerunt Ouelpherbyti, Petrus Schillingius, Serenis- 
nmo Dud Brunsricensium et Luneburgendum, Augusto Gulielmo, a oondoni- 
bus aulids, ex Bibliotheca ista oeleberrima Ducali : Gothee, Joannes Fridericus 
Heusingerus, illustris Gymnaaii Sub-Con-Rector, ex Ducali et Vockerodtiana : 
et Lipsise, G. Keyselitius, M. A. et Catecheta ad aedem D. Petri, e publicis pri- 
vatisque. 

43 [My Ancestor was occupied full twenty years with the original composi- 
tion, Grischovius thus owns to sU for the period of his labours, and I have been 
engaged upon my edition for eight or ten years, though I could periiaps have 



OF ORIBCHOVIUS. 



XXVll 



acutisaimo intemiptam, bsIyvlb et incolomis dedaxerim. Faxit Ipse^ 
qua est bonitate, at malta ex hoc, ntat in se exiguo, labore in rem 
Chrietianam pariter ac literariam redundent emolumenta, et hsec ipsa 
cedant in Sanctissimi Nominis sui gloriam laudemqae sempiternam ! 
Glaochae ad Halas Magdeburgicas, 3 Kal. Decembr. 1729. 

Jo. Hbnr. Grischovius, 
Osterodanus Halberstadiensis. 



done all in four or fire, could I hare worked oontiniionsly. If we were to calcu- 
late the periods which other editors have expended in the same direction, how 
large would be the amount of human lifetime employed on this subject ! Ed.] 



THE PREFACE OF GRISCHOVIUS 

TO HIS 

TRANSLATION OF THE SUPPLEMENTAL PIECES, 

which first appeared in the folio edition of Bingham's works. 



LECTURIS SALUTEM. 

Post Grioinbs Ecclbsiasticas Joeephi Binghami, quarum volu- 
men decimum et ultimum ante hos octo annos et menses quatuor 
edidi, jam nova scriptorum ejusdem celeberrimi viri coUectio in 
lucem prodic. 

Di verso tempore et occasione hsec scripta olim ab Auctore edita 
sunt separatim, deinde autem post obitum illius cum Originibus 
janctim excusa apparuerant. Dissertationes quatuor sunt, Sermo 
anos. Tres ex istis in Grioinibus passim citantur ; atque inde 
mihi, in interpretatione illarum occupato, de nomine et argumento 
innotuerunt. Postea ubi, procurante Orphanotrophei nostri biblio- 
pola, novam istam editionem ex Anglia apportatam accepi, opportu- 
nitatem nactus sum haec illis subjuncta opuscula perlustrandi peni- 
tasque pemoscendi. 

Quo facto de tribus prioribus Dissertationibus sic existimavi, non 
utile tantum fore sed necesse etiam esse, in gratiam eorum, qui 
Grioinbs possident, Latinitate eas donari : quod ad qusedam non 
parvi momenti capita, in primis ilia de baptismis laicorum et baereti- 
corum, eorumque pretio ac valore ; de ordinationibus item bseretico- 
rum, uberius explicanda conscriptas esse cognoveram 43 . 

De quarta Dissertatione 44^ quum esset ab argumento priorum 

48 Quod ipsom de prima Dissertatione CI. Auctor in proxime sequenti Pnefii- 
tione* Claris verbis indicat : de duabus postcrioribus ex ipso utriusque argumento, 
magis quidem polemice vei potius apologetice tractato, liquet. 

44 Tempore fuit sine dubio omnium prima f et ante ipsas Origin bs jam sub 
superioris fortassis sseculi ezitum aut oerte sub hujus initium edita : quod ex con- 
dosione, ubi Gallos exsules in Anglia compella^ colligi posse videtur. 

* [The Preface to the First Part of the Scholastical History of B^tism by 
liaymen. See vol. o, of this edition of the entire Works. £d.] 

t [The French Church's Apology for the Church of England, in the year 
1 706. £d.] 



THB LAST PRBFACB OP ORISCHOVIITS. XXIX 

et ipsarum Orioinum diversa, dobiam mihi aliquamdiu fuit, quid 
statuerem. RatioDibos aatem ab utraqoe parte diligentius perpen- 
sis, pervidt ea cogitatio, qas interpretationem suadebat : cojus rei 
etiam eos, qoibus illam aperoi, inveni approbatorea ; nee dubito, 
qain emptores et lectores plerique^ si non nniversi, idem hoc instita- 
tum sint comprobaturi. 

Quamvis enim ad Orioinbs £k;cLB8iA8TiCAB, ut dixi, proprie 
referri nequeat haec Commentatio ; ejosmodi tamen est, at theologiae, 
in primis elencticae, eultoribos valde prodesse possit. Nam contro- 
versiaF, quae inter sic dictos Episcopales ab una, et Presbyterianos 
ab altera parte, in hodiemum usque diem agitantur, et quas omnino 
expedit perspectaa habere, patefacit et illustrat, vindiciasque Eccle- 
aiae Anglicanse adversus prsecipuas Dissentientium objectiones com- 
plectitur. 

Dantar quidem, fateor, libri satis multi, qui de istis controversiis 
tractant, plerique autem lingua Anglica, quam intelligere non omni-^ 
bus datum est, evulgati sunt ; et qui Latini exierunt, in nostris oris 
rariores sunt, et cariores quam ut a quovis, istarum renim cupido, 
possint comparari. Accedit, quod Auctor peculiarem abalienatos 
Anglos convincendi et ad Ecclesise suae communionem reducendi 
inierit rationem, a nullo antea initam : quern admodum ipse in Epi- 
stola Dedicatoria et Pnefatione narrat. 

Excipit hanc Dissertationem unus quidam Sermo, quem^ quum 
illam interpretatus essem, vel ideo addendum duxi, ut opera Aucto- 
ris plena et integra exhiberem. Brevis quidem est, at argumenti 
prsestantia maxime commendabilis. Agit enim de misericordia, qua 
in peccatores ad frugem redeuntes utitur Summum Numen : quam 
doctrinam consolationis plenissimam, licet aliunde jam cognitam et 
ipso fortassis usn perceptam, in fine horum operum recog^ovisse 
neminem reor pcenitebit. 

Plura in horum scriptorum commendationem non addo. Quando 

enim Auctor in Originibus suis incredibilem variarura rerum scien- 

tiam magnumqne judicium prodidit, et summam inde famam atque 

existimationem in orbe literato, ipsis etiam adversariis ejus fatenti- 

bus 45, consequutns est ; unusquisque conjectura ante^ quam ad ip- 

sam lectionem accedat, facile potent prospicere, quales hasce com- 

mentationes offensurus sit, ab homine tarn docto et in primis erudito 

elucubratas. 

46 In Actis Emditonuii, qan Lipsiie publicantnr, singula earum ^volumina 
magna com lande reoeniita legontor. Postquam Latine prodierunt, iidem viri 
docti, qui ista Acta ooUigunt, et alii id sibi maximopere probari declararunt pnb- 
lioe, qnod hoc modo communi eruditomm usui extmius isle antiquUatum eccle^ 
skutieamm ihetaurut redutna esse. 



XXX THB LAST PBBFACB OF aBISGHOYIUB. 

De opera, qoam ego ad interpretandas illas contuli, Don habeo, 
quod prsedioem : hoc tantam, quod olim de primo operum volumine 
dixi, de hoc ultimo etiam affirmare possum, me id egisse fideliter, ut 
verbis Auctoris mei non tantnm alienum sensum ne darem, sed ut ea 
etiam perspicue et plane redderem : quam curam illis quoque locis 
adhibui, quae ex aliorum libris, Anglice vel Gallice 8criptis4^, inter- 
posuit. Indices haec opuscula non habent praeter unum perbrevem47, 
in quo 150 Binghamus libros, in quarta solum Dissertatione a se 
usurpatos, nominavit. Ego autera auctores omnes, quotquot in 
integro hoc volumine vel laudantur vel refiitantur, consignavi : et 
paginas, in quibus leguntur, perinde ut in Indice Auctorum Origi- 
NiBus subjuncto, adscripsi. Quam rem lectoribus gratam me fecisse 
confido. 

Quod superest, gratias Deo Optimo Maximo ago, quod vitam 
mihi et vires concessit, nt hunc etiam laborem exantlarim. Faxit 
idem Clementissimus Deus, ut ego et lectores omnes misericordiam* 
quam in scriptorum suorum ultimo commentatus est Auctor, propter 
Jesum Christum, Filium ipsius crucifixum et morti traditum eun- 
demque e mortuis resuscitatum, in via verse pcenitentia; et fidei con- 
sequamur. Halse Magdeburgicse, in Orphanotropheo Glauchensi. 
Pridie Kal. Aprilis, 1738. 

J. H. G. 

46 Ci:yiisaiodi ex Mb sunt ooUedje, RubiicK et Canones Ecdeais Anglicans 
imiyerfi et pneter libros Angline InBcripios, alii quidam Latinum titulnm in 
fironte gerentes, e. g. Falkneri libertas Eoclesiastica, Molinsi Novitas Pi^isnii, 
&c. Ez his antem canones e synodis nationalibus et disdplina Ecdesiarom 
Reformatamm Gallitt deprompti omnes, nee non diTenae epistolc et disserta- 
tiones suo qosque loco nominatse. 

47 [It will be obsenred that I have added separate Indices both of Authors and 
Matter to each of the last two yolumes of this edition, containing the Lay- 
Baptism in the ninth volume, and the French Church's Apology in the tenth 
volume. Ed.] 



CONTENTS 



OP THE 



FOURTH. FIFTH. SIXTH. AND SEVENTH BOOKS 



OP 



THE ANTIQUITIES OF THE CHRISTIAN CHURCH. 



BOOK IV. 



OP THE BLECnONS AND ORDINATIONS OP THE CLERGY, AND THE 
PARTICULAR QUALIPICATI0N8 OP SUCH AS WERE TO BE OR- 
DAINED. 

CHAPTER L 

Of the ieveral way$ cf dengning penons to the mmUtry, in the 
apostolical and primitive ages of the Church, 

Sect. I. Four several wajrs of designing persons for the ministry. — Of 
the first way, by casting lots, i. — H. The second way, by making choice 
of the first-froits of the Gentile converts, 3. — HI. The third way, by 
particular direction of the Holy Ghost, 4. — IV. The fourth way, by 
common sufirage and election, 9. 

CHARIER II. 

A mare particular account of the ancient method and manner of elections 

qf the clergy. 
Sect. I. The different opinions of learned men concerning the people's 
power anciently in elections, 10. — II. The power of the people equal to 
that of the inferior clergy in the election of a bishop, 15. — III. This 
power not barely testimonial, but judicial and elective, 16. — IV. Evi- 
dences of this power from some ancient rules and customs of the 



XXXU CONTKNT8 OF BOOK IV. 

Church. As, fint, that no hishop was to be obtruded on an orthodox 
people without their consent, 17. — V. Secondly, this further confirmed 
from examples of the bishops' complying with the voice of the people 
against thor own inclination, f 8. — VI. Thirdly, from the manner of the 
people's voting at elections, 19. — ^V II. Fourthly, from the use and office of 
interventors, ai. — VIII. Fifthly, from the custom of the people's taking 
persons, and having them ordained by force, aa. — IX. Sixthly, from the 
title i]i fathers, which some bishops upon this accotmt by way of com- 
pliment gave to their people, aa. — X. What power the people had in the 
designation of presb3rter8, 2^. — ^XI. Whether the Council of Nice made 
any alteration in these matters, 2^, — XII. Some exceptions to the ge- 
neral rule. First, in case the greatest part of the Church were heretics 
or schismatics, a6. — XIII. Secondly, in case of ordaining bishops to hi 
distant places, or barbarous nations, a7. — XIV.Thirdly, in case an inter- 
ventor or any other bishop intruded himself into any see without the 
consent of a provincial synod, 37. — ^XV. Fourthly, in case of feurtions 
and divisions among the people, a8. — XVI. Fifthly, the emperors 
sometimes interposed their authority to prevent tumults in the like 
cases, ap. — XVII. Sixthly, the people sometimes restrained to the choice 
of one out of three, which were nominated by the bishops, 30. — XVIII. 
Lastly, by Justinian's laws the elections were confined to the optimates, 
and the inferior people wholly excluded, 31. — XIX. How and when 
princes and patrons came to have the chief power of elections, 3a. 

CHAPTER III. 

Of the ettttmmatuM and quaJ^icatums of persons to be ordained to any 
qffice qfthe clergy in the Primitive Church, And first, qf their faith 
and morals. 

Sbct. I. — ^Three inquiries made about persons to be ordained, respecting, 
first, their faith ; secondly, their morals ; thirdly, their outward quality 
and condition, 34. — II. The rule and method of examining their &ith 
and learning, 35. — III. The irregular ordination of S3me8iu8 considered, 
36. — IV. A strict inquiry made into the morals of such as were to be 
ordained, 38. — V. For which reason no stranger to be ordained in a 
foreign church, 38. — VI. Nor any one who had done public penance in 
the church, 39. — VII. No murderer to be ordained, nor adulterer, nor 
one that had lapsed in time of persecution, 41. — ^VIII. No usurer, or 
seditious person, 45.— IX. Nor one who had voluntarily dismembered 
his own body, 45. — X. Men only accountable for crimes committed 
after baptism, as to what concerned ordinations, 48. — XI. Except any 
great irregularity happened in their baptism itself. As in the case of 
clinic baptism, 49. — XII. And heretical baptism, 50. — XIII. No man 
to be ordained, who had not made all his fsanily Catholic Christians, 
51. — XIV. What methods were anciently taken to prevent simoniacal 
promotions, 5a. 



OOKTIirrB OF BOOK IT. XXXUl 

CHAPTER IV. 

Of the q maM/iemtk m § qf jwrtoM to be onlnmed, rapeUmff their otOwmrd 

9taie tmd eomdUiom m the worU. 

Sbct. I. No solder to be ordained, 54. — II. Nor any slave or freedman 
without the consent of the patron, 56. — III. Nor any member of a dvil 
company or society of tradesmen, who were tied to the service of the 
commonwealth, 57. — IV. Nor any of the emriales or deemnomee of the 
Roman government, 58. — ^V. Nor any proctor or guardian, till his office 
expired, 61. — ^VI. Pleaders at law denied ordination in the Roman 
Church, 61. — ^VII. Also energumens, actors, stage-players, &c., in aU 
Churches, 63. 

CHAPTER V. 

Cfthe state ofdigaMjf and eeUbacy im particular ; and qf the laws qf the 
Church about these m rtference to the aueieni clergy. 

Skct. I. No digamist to be ordained, by the rule of the Apostle, 63. — 
II. Three different opinions among the Ancients about digamy. First, 
that aU persons were to be refused orders as digamists, who were twice 
married after baptism, 63. — III. Secondly, others extended the rule to 
aU persons twice married, whether before or after baptism, 65. — IV. 
Thirdly, the most probable opinion of those who thought the Apostle 
by digamists meant polygamists, and such as married after divorce, 
65. — ^V. No vow of celibacy required of the clergy, as a condition of 
their ordination, for the three first ages, 67. — VI. The vanity of the 
contrary pretences, 70. — VII. The clergy left to their liberty by the 
Nicene Council, 71. — VIII. And other Councils of that age, 72. 



CHAPTER VI. 

Qf the ordinations qf the primitive clergy, and the laws and customs 

. generally observed therein. 

Sbct. I. The canons of the Church to be read to the clerk before the 
bishops ordained him, 74. — II. No clerk to be ordained drroXcXvficMdr, 
76. — III. Exceptions to this rule very rare, 77. — IV. No bishop to 
ordain another man's cl«rk without his consent, 79. — V. No bishop to 
ordain in another man's diocese, 80. — VI. The original of the four 
solemn times of ordination, 82. — VII. Ordinations indifferently given 
on any day of the week for three centuries, 85. — VIII. The ceremony 
usually performed in the time of the oblation at morning-service, 86. — 
IX. The church the only regular place of ordination, 87. — X. Ordina- 
tion received kneeling at the altar, 87. — XI. Given by imposition of 
hands and prayer, 87. — XII. The sign of the cross used in ordination, 
89. — XIII. But no unction, nor the ceremony of delivering vessels 
into the hands of presbyters and deacons, 90. — XIV. Ordinations con- 
cluded with the kiss of peace, 90. — XV. The anniversary-day of a 
bishop's ordination kept a festival, 91. 

BINOHAM, VOL. O. C 




XXXIV CONTENTS OP BOOK V. 

CHAPTER VII. 
77^ case of forced ordinatums and re-ordinations considered. 
Sect. I. Forced ordinations very frequent in the Primitive Church, 92. — 
II. No excuse admitted in that case, except a man protested upon oath 
that he would not he ordained, 93. — III. This practice afterward pro- 
hibited by the imperial laws and canons of the Church, 94. — IV. Yet a 
bishop ordained against his will had not the privilege to relinquish, 95. 
V. Re-ordinations generally condemned, 96. — VI. The proposal made 
by Csecilian to the Donatists examined, 97. — VII. Schismatics some- 
times re-ordained, 98. — VIII. And heretics also upon their return to 
the Church, in some places, 100. 



BOOK V. 

OF THE PRIYILBOB8, IMMUNITIES, AND REVENUES OF THE CLERGY 

IN THE PROnTIVE CHURCH. 

CHAPTER I. 

Some instances of respect which the clergy paid mutually to one another. 

Sect. I. The clergy obliged to give entertainment to their brethren 
travelling upon necessary occasions, 104. — II. And to give them the 
honorary privilege of consecrating the eucharist in the church, 106. — 

III. The use of the liter (b formatter or commendatory letters, in this re- 
spect, 107. — IV. The clergy obliged to end all their own controversies 
among themselves, 108. — V. What care was taken in receiving accusa- 
tions against the bishops and clergy of the Church, no. 

CHAPTER II. 
Instances of respect showed to the clergy by the civil government. Parti- 
cularly of their exemption from the cognizance of the secular courts t» 
ecclesiastical causes. 

Sect. I. Bishops not to be called into any secular court to give their 
testimony, 113. — II. Nor obliged to give their testimony upon oath, by 
the laws of Justinian, 115. — III. Whether the single evidence of one 
bishop was good in law against the testimony of many others, 116. — 

IV. Presbyters privileged against being questioned by torture, as other 
witnesses were, 117. — V. The clergy exempt from the ordinary cogni- 
zance of the secular courts in all ecclesiastical causes, 118. — ^VI. This 
evidenced from the laws of Constantius, 119. — VII. And those of Va- 
lentinian and Gratian, 119. — VIII. And Theodosius the Great, 120. — 
IX. And Arcadius and Honorius, 121. — X. And Valentinian the Third, 
and Justinian, 121. — XI. The clergy also exempt in lesser criminal 
causes, 122. — XII. But not in greater criminal causes, 123. — XIII. Nor 
in pecuniary causes with laymen, 124. — XIV. Of the necessary distinc- 
tion between the supreme and subordinate magistrates in this business 
of exemptions, 125. 



CONTBNTS OF BOOK V. XXXV 

CHAPTER III. 
ituflke eUrgy in rtferttice to forei and civil oJiee§ and 
oiker burdentomt en^loyttnli in Ike Roman empire. 
Sbct. I. No divine right pleaded bj the ancient clergy to exempt Ihem- 
■drea from taxes, laG. — II. Yet generally excused from personal taxea, 
<x head-moiief, taS. — III. But not excuaed for their lande and possea- 
nooB, 131. — Of the tribote called, mu-iini ttronicufn, eqni canonici, ^c, 
135. — V, The ChoTch obliged lo such burdene m land« were tied to be- 
fore their donation, 136. — VI, Of the chrytarffyrum or lustral tax, and 
the exemption of the clergy from it, 138. — VII. Of the metaium. What 
meant thereby, and the eiemption of the clergy from it, 141,— VIII. Of 
the CKpen'iutfcfa and atraordinana. The cle^y exempt from them, 
143. — IX. The clergy sometimes exempt from contributing to the re))a- 
ration of highways and bridges, 143.— X. As also from the duty called 
angaria, and parangaria, SfC, 144. — XI. Of the tribute called dma- 
rimvM, naetie, and dtteriptio lucrotivonm ; and the Church's exemption 
from it, 145. — XII. The clergy exempt from all civil personal ofGcea, 146. 
^XIIl. And from sordid offices both predial and personal, 147. — XIV. 
Also from curia! or municipal offices, 146. — XV. But this lant privilege 
confined to auch of the clergy as had do estateii but what l>f1onged to 
ihe Church, by the laws of Constanline, 151. — XVI. Conaiantine's laws 
a little altered by the succeeding emperors in favour of the Church, 153. 



CHAPTER IV. 
Of tht revmuet of Ihe ancient clergy. 
Skct. 1. Several ways of providing a fund fur the maintenance of the 
clergy. Krst, by oblntion?, some of which were weekly, 157.— II. And 
others monthly, t58.~III. Whence cime the custom of a monthly 
division among the clergy, 159. — IV. Secondly, other revenues arising 
from the lands and posseEsions of the Cliurch, 160.— V. These very 
ronch aagmeated by the laws of Constantine, 161. — VI. Whose laws 
were confirmed, and not revoked by the succeeding emjierors, as aome 
mistake, 161. — Vll. Thirdly, another part of church -revenues raised by 
allowances out of the emperor's exchequer, 163. — VIIl. Fourthly, the 
estates of martyrs and confessors dying without heirs settled upon the 
Church by Conslantine, 167.— IX. Fifthly, the estates of clergymen, 
dying without heirs and will, settled in like manner, 167. — X. Sixthly, 
Heathen temples and their revenues sometimes given to the Church, 
168.— XI. Seventhly, as also heretical conventicles and their revenues, 
169.— XII. Eighthly, the estates of clerks, rleterting the Church, to be 
forfeited to the Church, [70. — XIII. No disreputable ways of augment- 
ing church-revenues encouraged. Fathers nut to disinherit their 
children to make the Church their heirs, 170, — XIV. Nothing to be 
demanded for administering the sacraments of the Church, nor for con- 
NCnting churches, nor interment of the dead, 171.— XV. The oblations 



XXXYl CONTB5T8 OP BOOK VI. 

of the people anciently one of the most valuable parts of church- 
revenues, 174. 

CHAPTER V. 

Cf tithes andjirgt'fruits in particular. 

Sect. I. Tithes anciently reckoned to be due by divine right, 176. — II. 
Why not exacted in the apostolical age and those that immediatel) 
followed, 178. — III. In what age they were first generally settled upox: 
the Church, 179. — ^The original of first-fruits, and the manner of oflTering 
them, 181. 

CHAPTER VI. 

Cftke management and distribution qftke revenues of the ancient 

clergy. 

Sect. I. The revenues of the whole diocese anciently in the hands of the 
bishop, 1 8a. — II. And by his care distributed among the clergy, 183.— 
III. Rules about the division of church-revenues, 184. — IV. In some 
churches the clergy lived all in common, 185. — V. Alterations made in 
these matters by the endowment of parochial churches, t86. — VI. No 
alienations to be made of church-revenues or goods, but upon extra- 
ordinary occasions, 187. — ^VII. And that with the joint consent of the 
bishop and his clergy, with the approbation of the metropolitan or some 
provincial bishops, 190. 



BOOK VI. 

AN ACCOUNT OF SBVERAL LAWS AND KULBS RELATING TO THE 
EMPLOYMENT, LIFE, AND CONVERSATION OF THE PRDOTIVE 
CLERQT. 

CHAPTER I. 

Of the excellency of these rules in general^ and the exemplariness of the 

clergy in conforming to them. 

Sect. I. Hie excellency of the Christian rules attested and envied by the 
Heathens, 191. — II. The character of the clergy from Christian writers, 
193. — III. Particular exceptions no derogation to their general good 
character, 194. — IV. An account of some ancient writers which treat of 
the duties of the clergy, 196. 

CHAPTER II. 
Of Unts relating to the life and conversation of the primitive clergy, 

9^KX. L Bx«raplary purity required in the clergy above other men. 
Hmmmm for it, 197. — II. Church-censures more severe against them 



CONTENTS OF BOOK YI. XXXVU 

than any others, aoo. — III. What crimes punished with degradation : 
▼iz. theft, murder, peijury, &c., 303. — IV. Also lapsing in time of 
persecution, 303. — ^V. And drinking and gaming, 205. — VI. And ne- 
gotiating upon usury. The nature of this crime inquired into, 306. — 
VII. Of the hospitality of the clergy, 213.— VIII. Of their frugality 
and contempt of the world, 214. — IX. Whether the clergy were an- 
ciently obliged by any law to part with their temporal possessions, 216. 
—X. Of their great care to be inoffensive with their tongues, 219. — 
XI. Of their care to guard against suspicion of evil, 221. — XII. Laws 
relating to this matter, 223. — ^XIII. An account of the agapetm and 
avmiaoKTot^ and the laws of the Church made against them, 224. — 
XIV. Malevolent and unavoidable suspicions to be contemned, 228. 

CHAPTER III. 

Of lams more particularly relating to the exercise of the duties and offices 

of their function, 

Sbct. I. The clergy obliged to lead a studious life, 228.— II. No pleas 
allowed as just apologies for the contrary, 231. — III. Their chief studies 
to be the Holy Scriptures and the approved writers and canons of the 
Churchy 233. — IV. How far the study of Heathen or heretical books 
was allowed, 236. — V. Of their piety and devotion in their public 
addresses to God, 239. — VI. The censure of such as neglected the 
daily service of the Church, 240. — VII. Rules about preaching to edi- 
fication, 241. — VIII. Of fidelity, diligence, and prudence, in private 
addresses and appUcations, 244. — IX. Of prudence and candour in 
composing unnecessary controversies in the Church, 250. — X. Of their 
zeal and courage in defending the truth, 252. — Of their obligations to 
maintain the unity of the Church ; and of the censure of such as fell 
into heresy or schism, 258. 

CHAPTER IV. 

An account of some other laws and rules, which were a sort of out-guards 

and fences to the former. 

Sect. I. No clergyman allowed to desert or relinquish his station without 
just grounds and leave, 261. — II. Yet in some cases a resignation was 
allowed of, 263. — III. And canonical pensions sometimes granted in 
such cases, 266. — IV. No clerg3rman to remove from one diocese to 
anothe»*without the consent and letters dimissory of his own bishop, 
267. — V. Laws against the /Soieavrc/Sot, or wandering clergy, 270. — VI. 
Laws against the translations of bishops from one see to another, how 
to be limited and understood, 271. — VII. Laws concerning the re- 
sidence of the clergy, 273. — VIII. Of pluralities and the laws made 
about them, 376. — IX. Laws prohibiting the clergy to take upon them 
secular business and ofiices, 278. — X. Laws prohibiting the clergy to 
be tutors and guardians, how far extended, 280. — XI. Laws against 
their bong sureties, and pleading causes at the bar, in behalf of them- 

BINGHAM, VOL. U. d 



XXZTIU COrrBNTS OF BOOK VII. 

selvM, or their churches, 281. — XII. Laws against their foIlowiDg 
secular trades and merchandize, 281. — XIII. What limitations and 
exceptions these laws admitted of, 283. — XIV. Laws respecting their 
outward conversation, 287. — XV. Laws relating to their habit, 288. — 
XVI. The tonsure of the Ancients very different from that of the 
Romish Church, 290. — XVII. Of the corona clericalu, and why the 
clergy were called coronaii, 291. — XVIII. Whether the clergy were 
distinguished in their apparel from laymen, 292. — XIX. A particular 
account of the birrus and peUlium, 295. — XX. Of the coUobium, dal^ 
fnatica, caracalla, hemiphorium, and Unea, 297. 

CHAPTER V. 

Some reflections upon the foregoing discourse, concluding unth an Address 

to the Clergy of the present Church, 

Sect. I. Reflection i. All laws and rules of the ancient Church not ne- 
cessary to be observed by the present Church and clergy, 301. — II. 
Reflection 2. Some ancient rules would be of excellent use, if revived 
by just authority, 302. — III. Reflection 3. Some ancient laws may be 
complied with, though not laws of the present Church, 302. — IV. Re- 
flection 4. Of the influence of great examples, and laws of perpetual 
obligation, 303. — V. Some particular rules recommended to observa- 
tion. First, relating to the ancient method of training up persons for 
the ministry, 305. — VI. Secondly, their rules for examining the quali- 
fications of candidates for the ministry, 307. — VII. Thirdly, their rules 
about private address, and the exercise of private discipline, 309. — 

VIII. Fourthly, their rules for exercising public discipline upon delin- 
quent clergymen, who were convicted of scandalous offences, 310. — 

IX. Julianas design to reform the Heathen priests by the rules of the 
Christian clergy, an argument to provoke our zeal in the present age, 
311. — X. The Conclusion, by way of Address to the Clergy qfthe pre^ 
sent Church, 315. 



BOOK VIL 



OP THE ASCBTICS IN THE PRIMITIVE CHURCH. 

CHAPTER I. 

Of the difference between the first ascetics and monks, and of the first 

original of the monastic life, 

Sbct. I. Ascetics always in the Church; monks not so, 318. — II. This 
difference acknowledged by some ingenuous writers in the Romish 
Church, 318. — III. What the primitive ascetics were, 319. — IV. When 
the monastic life first began, 323. — V. In what the ascetics differed from 
monks, 326. — VI. What other names they were called by, 327. 



CONTENTS OF BOOK VII. XXXIX 

CHAPTER II. 

Of the several sorts of monks, and their ways of living in the Church. 

Sect. I. Several sorts of monks distinguished by their different ways of 
living, 338. — II. The first called anchorets, avax<oprjTa\, 328. — III. llie 
second, canobita, or synoditte, 339. — IV. llie third, sarabaita, 330. — V. 
Of the styUtte or pUlarists, 331. — VI. Of secular monks, 333. — VII. All 
monks originally no more than laymen, 334. — VIII. In what cases the 
clerical and monastic life might be conjoined, 337. — IX. The original of 
canons regular, 343. — X. Of the monks called acameta, or watchers, 
343. — XI. Of those called /Soo-icot, or grazers, 344. — XII. Of the Bene- 
dictins and gyrovagi, in Italy, 344. — XIII. Of the ApostoUcs in Britain 
and Ireland, 346. — XIV. Of some uncommon names of monks in the 
ancient Church, 348. 

CHAPTER III. 

An account of such ancient laws and rules as relate to the monastic life, 

chiefly that of the ccenobites. 

Sect. I. The curiales not allowed to turn monks, 352. — II. Nor servants 
without ther master's con8eht,353. — III. Nor husbands and wives without 
mutual consent of each other, 354. — IV. Nor children without the con- 
sent of their parents, 357. — V. Children, though offered by their parents, 
not to be retained against their own consent, 357. — VI. Of the tonsure 
and habit of monks, 359. — VII. No solemn vow or profession required 
of them, 362. — VIII. What meant by their renunciation of the world, 
363. — IX. Of the difference between the renouncing and the communi- 
cative life, 366. — X. All monks anciently maintained by their own 
labour, 367. — XI. Proper officers appointed in monasteries for this 
purpose; viz. decani, centenarii, patres, &c., 370. — XII. The power of 
the fathers or abbots very great in point of discipline over the rest, 371. 
— XIII. Allowed also some peculiar privileges in the Church, 373. — 
XIV. Yet always subordinate to the power of bishops, 374. — XV. The 
spiritual exercises of monks. First, perpetual repentance, 376. — XVI. 
Secondly, extraordinary fasting, 377. — XVII. Thirdly, extraordinary 
devotions, 379. — XVIII. Of laws excluding monks from offices, both 
ecclesiastical and civil, 385. — XIX. No monks anciently encroaching on 
the duties or rights of the secular clergy, 386. — XX. Not allowed at 
first to dwell in cities, but confined to the wilderness, 388. — XXI. What 
exceptions that rule admitted of, 389. — XXII. Whether monks might 
betake themselves to a secular life again, 392. — XXI II. Marriage of 
monks anciently not annulled, 394. — XXIV. What punishments were 
ordinarily inflicted on deserters, 395. 

CHAFFER IV. 
T%e ease and state of virgins and widows in ike ancient Church. 

Sect. I. Of the distinction between ecclesiastical and monastical virgins, 
>397. — IL Whether they were under any profession of perpetual vir- 



xl 



C0NTBNT8 OF BOOK Yll. 



g:imty, 398. — III. When first made liable to the censuree of the Church 
for marrying against their profession, 399. — IV. The marriage of pro* 
fessed virgins never declared null, 400. — V. liberty granted by some 
laws to marry, if they were consecrated before the age of forty, 401. — 
VI. Of their habit, and form, and manner of consecration, 403. — VII. 
Of some privileges bestowed on them, 407. — VIII. Of the name vopU, 
and HontuB, and its signification, 408. — IX. Some particular observations 
relating to the widows of the Church, 409. 



THB ANTIQUITIES 



THE ANTIQUITIES 



OF THE 



CHRISTIAN CHURCH. 



BOOK IV. 

OP THE ELECTIONS AND ORDINATIONS OF THE CLERGY, 

AND THE PARTICULAR QUALIFICATIONS OF 

SUCH AS WERE TO BE ORDAINED. 



CHAP. I. 

Of the several ways of designing persons to the ministry in 
the apostolical and primitive ages of the Church 

1. IdL AVINO thus far given an account of all the orders of Four lere- 
the clergy m the prunitiye Church, both superior and inferior, SwimnK ^ 
together with the several offices and functions that were an- persona for 
nexed to them, I now proceed to consider the rules and me- try. "of the 
thods that were observed in setting apart fit persons for the ^ ^'Jy 
ministry, especially for the three superior orders, which were lots, 
always of principal concern. And here, in the first place, it 
will be proper to observe, that in the apostolical and following 
ages there were four several ways of designing persons for the 
ministry, or discovering who were most fit to be ordained ; the 
first of which was by casting lots ; the second by making choice 
of the first-fruits of the Gentile converts ; the third by parti- 
cular direction and inspiration of the Holy Ghost; and the 
last in the common and ordinary way of examination and elec- 
tion. The first method was observed in the designation of 
Matthias to be an Apostle, as we read Acts i, 23 — 26, where 
it is said, that the disciples themselves first appointed two, 

BCrOHAM, VOL. U. B 



2 Ways of designing IV. 

Joseph called Barsabas, and Matthias; and then praying to 
God that he would shew whether of those two he had chosen, 
they gave forth their lots, and the lot fell upon Matthias. 
St. Chrysostom ^ says ' they used this method because as yet 
the Holy Ghost was not descended on them, and they had not 
at this time the power of choosing by inspiration ; and there- 
fore they committed the business to prayer, and left the deter- 
mination to God.' The author of the Ecclesiastical Hierarchy, 
under the name of Dionysius^, fancies that God answered 
their prayer by some visible token : but if so, this had not 
been choosing by lot, as the Scripture says it was, but a quite 
different method of election. However, interpreters generally 
agree that there was something extraordinary in it. Dr. Light- 
foot^ thinks Matthias had no other ordination to his apostleship ; 
for the Apostles did not give him any ordination by imposition of 
hands after this, as they did to presbyters affcerwards; and 
that, if true, was extraordinary indeed. Others reckon the 
extraordinariness of it to consist in the singular way of elect- 
ing and designing him to that office by lot; for they say^ all 
ecclesiastical history scarce affords such another instance : and 
I confess there are not very many, but some few there are, 
w^hich shew that that method of electing was not altogether so 
singular as is conunonly imagined. For in Spain it was onco 
the common practice, as may be concluded from a canon ^ of 

1 Horn. 5. in i Tim. i, 18. (t. 11. nifeetissimis Dei suffragiis consti- 
p. 574 c.) En-cl ovde ol 'ATrooroXot tutorum, Gregorii Thaumaturffi et 
HvruuaTos firrflxov, ore r6v MarBiap AlexandriCarbonaniGregoriusNys- 
t^\f(avro' aXX* €vxS ^^ npayfia cVc- 8enu8, Alexandri Hierosoljrmitani 
rpiyltavrfs €yKaT(\€^av avrbv r^\ r&v £u8ebiu8 et Fabiani Romani. De 
*Ano(Tr6\<av apiBfi^. sortitione tamen altissimum ubique 

2 Hierarch. Ecdes. c. 5. p. 367. silentium, &c, 

(t. I. p. 238 d.) Ao«c€i fioc TO \6yia * C. 3. (t. 5. p. 1605 e.) Hoc etiam 

KKrjpov ovofida-ai OtapxiKdv ri bSipovy innovandum custodiendumque in 

vnobfjKovv €K€ipfj^ T^ Upopvoctt x^P^ omnibus sancta statuit aynoaus, at 

r6v vfr6 ttjs Otias iKkoyris ai/aoedciy- secundum priscorum canonum con- 

fifvov. stituta vel synodalium epistolas 

^ On Act. 1, 21. (v. 8. p. 38.( prsesulum prsemonentes, nnlli dein- 

The Apostles could not ordain an ceps laicorum liceat ad ecclesiaBti- 

Apostle, &c. cos ordines, pnetermisso canonum 

^ Vid. Dodwell. Dissert, i. in prsefixo tempore, aut per sacra re- 

C3rpr. 8. 17. p. 4. (p. 7.). . . . Hujus galia, aut per consensionem cleri, 

sortium, in sacrorum ministrorum vel plebis, vel per electionem assen- 

electione, usus post tempora Apo- sionemque pontificum, ad summum 

stolomm vel nulla ezstant omnino, sacerdotium aspirare ac provehi : 

vel ^uam paucissima, vestigria sed cum per canonum conscripta 

Mimmerunt et alii episcoporum ma- tempora eodesiasticos per ordinem. 



h2. 



persons to the ministry. 



the Council of Barcelona, anno 599, which orders ' that when 
a vacant bishopric is to be filled, two or three shall be elected 
by the consent of the clergy and people, who shall present 
them to the metropoUtan and his fellow-bishops, and they, 
having first fitted, shall cast lots, leaving the determination to 
Christ the Lord ; then he on whom the lot shall fall shall be 
consummated by the blessing of consecration.' There is nothmg 
different in this from the first example, save only that in 
this there is express mention of a consecration afterward, which 
is not in the history of Matthias ; and yet perhaps there might 
be a consecration in his case too, though not expressly men- 
tioned ; but I leave this to further inquiry. 

2. The second way of designation was by making choice o/*The second 
the firstr-fruits of the Gentile converts to be ordained to the ^2dn^ 
ministry. For these, expressing a greater zeal than others, by choice of 
their readiness and forwardness to embrace the gospel, were ^^jg ^f "^Ij^ 
generally pitched upon by the Apostles as best qualified for Gentile 
propagating the Christian religion in the world. Clemens 
Romanus, in his Epistle to the Corinthians ^ says ' the Apo- 
sties, in all countries and cities where they preached, ordained 
their first converts bishops and deacons for the conversion of 
others;' and 'that they had the direction of the Spirit for doing 
this.' And hence the author that personates the same Cle- 
mens, in his pretended Epistle to James, bishop of Jerusalem, 
giving him an account of the reasons that moved St. Peter to 
ordain him, says 7 * it was because he was chief of the first- 
fruits of his converts among the Gentiles.' Some compare this 
to the right of primogeniture among the ancient patriarchs, 
which entitled the first-born to the priesthood ; and I will not 
deny but there might be something of allusion in it : but then 
the parallel will not hold throughout, for in the latter case it 



spedali opere desndando, probatse 
nue adomiiciilo comitante, conscen- 
derit gradiu, ad tommum sacerdo- 
timn, 81 dignitati vita respondent, 
•nctore Domino provehatur. Ita ta- 
mea, ot duobus aut triboa, quos 
ante ooMentus deri et plebia elege- 
lit, metropolitaiii jodicio ejusque co- 
cpiaoopia pnesentatia, <jaem son, 
pneeunte epiaeoporain jgunio, Chri- 
sto Domino terminaote, monstrave- 



rit, benedictio consecratioDis accu- 
mulet. 

' Ep. I. ad Corinth, n. 42. (Cotel. 
V. I. p. 170.) Kara xc^pas oZv Koi vd^ 
Xctff Ktipwraovrfs KoBivravov rhs 
anapx^s avr&p, doKifJLdarcatr€t r^ 
nycv/iori fts fnurK^TTovs ical di(iK6vovs 
T&v u€\X6vriov frtoTfvciy. 

7 Ep. ad Jacob, n. 3. (ibid. p. 606.) 
2{> yap di ifiov r&v (rt»(opiv€tv iOvmp 
€? Kptlrrwv ttirapxTf, 

B 2 



i 



4 Ways ofdmgning IV- i 

was not any natural right, but personal merit attending their 
primogeniture, that entitled the first conTerts to the Christaan 
priesthood. 
The third S. Which will appear further by considering that many of 
piMrticalar ^'^^ were ordained by the particular direction of the Holy 
di>«ctio» Ohost : for so the words hoKiyACovr^i ry Ilvei/fxan, in Clemens 
Ghoflt. Romanus, may be understood to signify the Spirit's pointing 
out the particular persons whom he would have to be ordtuned; 
which I observed to be the third way of designation of persons 
to the ministry, very usual in those primitive times of the 
Church. Thus Timothy was chosen and ordained " according 
to the prophecies that went before on him," i Tim. i, i8; whence 
his ordination is also called, " the gift that was given him by 
prophecy," i Tim. iv, 14. In regard to which the ancient in- 
terpreters, Chrysostom® and Theodoret^, say * he had not any 
human vocation, but was chosen by divine revelation, and or- 
dained by the direction of the Spirit.' Clemens Alexandrinus, 
in his famous Homily entitled Quia Dives salvetur, observes 
the same of the clergy of the Asiatic Churches, whom St. John 
ordained after his return from the isle of Patmos; he says^o, 
* they were such as were signified or pointed out to him by the 
Spirit.' I know indeed Combefis puts a different sense upon 
these words, and says^^ ' the designation here spoken of means 
not any new or distinct revelation, but I know not what divine 
predestination of the persons; or else their ordination itself, 
which was the seal or consignation of the Spirit;' and 'that 
there is no authority for the common sense which interpreters 
put upon this passage.' But as he owns his notion to be sin- 

^ Horn. 5. in i Tim. I, 18. (t. 11. ifrcoos npoPkrjOrjvcu didoo-fcoXoy* ak\a 

P* 574 <!•) Ti ioTip, atr6 irpot^rtiasi KCLi kcou rotovT6v rwa Tp6iro¥ Koi rrji 

tar6 Uutvfiaros 'Ayiov' 7rpo<f»iTtLa yap c^ ^PXji^ KXtfcms oiroXavo-cu. 

ioTiv, ov r6 tA fieXKovra Xryccy,aXX^ 1® Ap. Euseb. 1. 3. C 23. (v. I. 

Koi t6 to. nap6vra' circl Koi 6 SoovX p. II3. 5.)* • • .*Oirou luv iirtcK^irovs 

Kara npoffjfjrtiap cdc/;^^ cV rots tnccv- jcaraon^crflov, ojrov de SKas €KKkffiriat 

tin KpvTmifitvof, 6 yap ScAs roif dt- apfioativ, ottov dc Kktiptp €va ye tm»o 

Kaiois^ airoKaXvnrti. frpof^rtla fjv ical Kkrjpwa-mf r&v vn6 rov Hpivfiaros 

t6 \iytiv, *A<^opio-ar€ /u»t r6v Ilav- arjiuupofiiiwv. — Conf. ap. Combefis. 

Xov Koi rhvBapva^, ovtio Koi 6 Auctar. Novi88.(part. I. p. i85a.8.) 

Tip66to£ rfpiOfj, H In loc. cit. (p. 192 c. 15.) 

''In eund. loc. (t. 3. part. i. p. QuosSpiritusdesignassetdivinapo- 

^45") Ov yikp avBpwrrivrfs, (fnjal, re- tins prsedestinatione, ouam nova ali- 

rvxi^^^t K\rj<r€»s' oXXA Kork Btiav qua et distincta revelatione, quam 

otroKoXv^cv T^v x*^°^^^ c^'fw* ncc Clemens significavit, nee uUa 

tiK6s di ov fiSvov aMv i^ mroKaXu- probat auctoritas, &c. 



per9on8 to the ministry. 



gular, and contrary to the sense of all other learned men, so it 
is evidently against matter of fact and ancient history, which 
affords several other instances of the like designations in the 
following ages. I will give an instance or two out of many. 
Eusebius says^^ 'Alexander bishop of Jerusalem was chosen 
Korh ivoKiXvyjfiv, by revelation^ and an oracular voice, which 
signified to some ascetics of the Church that they should go 
forth out of the gates of the city, and there meet him whom 
God had appointed to be their bishop ;' which was this Alex- 
ander, a stranger from Cappadocia, coming upon other busi- 
ness to Jerusalem. He was indeed bishop of another place 
before, but his translation to the see of Jerusalem was wholly 
by divine direction ; which is the thing I allege it for. We 
have another such instance in the election of Alexander, sur- 
named Carbonarius, bishop of Comana, mentioned by Gregory 
Nyssen in the life of Gregory Thaumaturgus. This Alexan- 
der was a Gentile philosopher, and a very learned man, who 
upon his conversion to Christianity, that he might avoid ob- 
servation, and follow his philosophical studies with the greater 
privacy, in his great humility betook himself to the trade of a 
collier, whence he had the name of Carbonarius. Now it hap- 
pened, upon the vacancy of the bishopric of Comana, that the 
citizens sent to Gregory Thaumaturgus to desire him to come 
and ordain them a bishop; but they not agreeing in their 
choice, one, by way of jest and ridicule, proposed Alexander 
the collier; who being discovered ^^ by special revelation to 
Gregory Thaumaturgus to be a man of extraordinary virtues 
and worth, who had submitted to that contemptible calling 
only to avoid being taken notice of, and being foimd, upon a 
due inquiry, to be the man he was represented to be, was 



'2 L. 6. c. II. (v. I. p. 268. 17.) 

Kal di) faiK€£t olov rt Srros Xctrovp- 
yf ly dUt Xctrap6y yrjpas, r^ €lprjfi*vov 
AXt^aifdpoif ariaiumop Mpas virap' 
XP^ra irapoiKtaSf oUovofua GcoO tnX 
ri/p Sfia rA Na/Mci<r(ry XccTDvpyuiy 
tKoktif Kara oiromiiXv^iy vvKnap a^- 

OOF mtnrtp Kara ri woirpdircoif ck n;; 
nfty KanvadoK&y yijs, Imt t6 irp&rop 
rijt imaKorrrjs rf(Uitro, rifv irop€iaP in\ 
tA 'Upotr^kvfta tifxi^ '"^ ^^'^ rimmv 
kmpias micfF imrou^ficror, ^cXo- 



ot\<poi' ovK€T oiJcadc avr^ iraXi" 
vooTttv tTTirptnovai, naff irtpav diro- 
Kokvy^iv KoX avrois vviermp otfiBtia'av, 
piop T€ d>o>vriv aut^ardrrfv roir par 
Xiora avrSiv (nrovdcuocp xpi\a'aa'caf' 
(d^Xov yhp irpot\66vrai t^to irvk&p 
t6v €K Gcov irpowpia-ptvov avrois M" 
CKowov vrrodt^aaBai, 

1* Greg. NysBen. ap. Vit. Greg. 
Thaumaturg. (t. 3. p. 562 a.) El 
raOra KcXcvcip, «c. r. X. 



Ways of deigning 



IV. 



thereupon unanimously chosen by all the Church to be their 
bishop, and immediately ordain^ by St. Gregory. Cyprian 
often speaks of this diyine designation in the case of Celeri- 
nus^^ and Aurelius^^, when they were but to be ordained 
readers. And he says also^^ ' he had a divine direction to 
translate Numidicus from another Church to the Church of 
Carthage.' And Sozomen^^ tells us, from ApoUinarius, ' that 
Alexander, bishop of Alexandria, appointed Athanasius his 
successor by divine command. For some time before his 
death it was signified to him by divine revelation that no one 
should succeed him but Athanasius; and therefore when he 
lay upon his death-bed he called Athanasius by name, who 
was then absent, and fled for fear of being made bishop ; and, 
another of the same name who was present answering to the 
call, he said nothing to him, but called Athanasius again; 
which he did several times, whereby it was at last understood 
that he meant the Athanasius that was fled, to whom, though 
absent, he then prophetically said, Thinkest thou that thou dx% 
escaped, Athanasius? No; thou art not escaped.' It were 
easy to add many other instances of the like nature, but these 
are sufficient to shew against Combefis, that in those early 
ages men were sometimes designed to the ministry by parti? 
culor divine revelation and prophecy, or else the ancients 
themselves were wonderfully deceived. 

Whilst I am upon this head, I must suggest two things further. 
First, that a dove's lighting upon the head of any man at an 
election was usually taken for a divine omen ; and commonly the 
))€r8on who had that sign was looked upon as pointed out by 
tho Spirit, and accordingly chosen before all others as having a 
m>rt of emblem of the Holy Ghost. Eusebius '^ observes, it was 



UKp,34.[«l:39-]ad 
\s jai.) Refenmua ad 



Cler. Garth. 
\y\, ja,l.) Ketenmua aa vos Celeri- 

uuiu fmtrf m nottnim dero 

i^«mti\i uoii humana auffragatione, 
fm\ ^itviim dignaiione conjuDCtum. 
i)Ml (Hiiii citiitentire dubitaret, ec- 
s^(H) i|w4uii adinonitu et hortatu in 
vuiUm)<^ \>iw lutctum compulauB est, 
\\^ m^aAivl \\M» •uadentibua, &c. 

** ^V^ ^V l*l' 3«0 (P- 2»a-)- • • : • 
tC\|Hvuu\lH lum aunt teatimopia 
Usu^H^H^ ouin iMTWcedunt divina 



i« Ep. 35. [al. 40.] (p. 235.) 

Admonitos nos et instructos Bdatia 
dignatione divina, ut NumidicuB 
presbvter adscribatur presbjrtero- 
mm Carthaginiensium numero. 

17 L. 2. c. 17. (v. 2. p. 66. 8.). . . 
*AXe$(Ufdpo£ * AXc^ovdpctaff (fria-Kowof, 
^ladoxoy avTov KoriXarfv *ABavdato¥, 
Bfiais wpoora(§aiPt ens ^yovfuu, cirl 

18 L. 6. C. 29. (v. I. p. 294. 9.). • • 



persons to the ministry. 7 

thk that tamed the election upon Fabian bishop of Rome, and 
gave him the preference before all others, though he was a 
Btaranger. ' No one at first thought of choosing him, but a 
doYe being observed by the people to settle upon his head, 
they took it for an emblem of the Holy Ghost, which hereto- 
fore descended upon our Saviour in the form of a dove ; and 
thereupon with one consent, as if they had been moved them- 
selves by the Holy Ghost, they cried out i(iov, he was worthy ^^ 
which was the word then used to signify their consent ; ' and so 
without more ado they took him and set him upon the bishop's 
throne.' The election of Sevcrus bishop of Ravenna, and that 
of Euortius bishop of Orleans, were determined the same way, 
as Blondel'^ has observed out of their Lives in Surius; and 

aBpomg in fienmpov vtptartpiaf xa- dubio, simulatque fueris ingressus, 

nan uuur iwutaB€a0rpfai rj avrov icc- episcopus ordinaberis. Dixit hoc 

. ifiaXS fu^fuftftvovai, fufufiut hflkiKw- ilia salse et irridicule : sed vir Dei 

. /Mvi|ir lyji 9w\ rhv liinTjpa rov ayiov illico abiit ; et veniens in ecclesiam, 

.Iljftvftarot €9 ctScc vtpumpas koBo' ubi erat populus cum sacerdotibus 

dov* ^' m rdp irarra Xo^y £<nrcp v0' congregatus, quod esset vili et de- 

M9lI»tvfutros3€UJVKiwtf3€vra6ft6<r€, formi opertus habitu, post templi 

WfKtBvidq. waeru Kai luq, ^^vxjt a(io» ostium latitabat. Precibus vero pro 

itn^oSfaai: nai afUXXffrms iwl r6v more absolutis, ecce columba nive 

Bpimv T^ tfrunaamijs Xafidvras o^^y candidior e ccelo descendens ejus 

nrtAimu. capiti insidet. Id ille conspicatus, 

1' AjkA. 8. 3. (p. 436.) AuDO cir- columbam a se abigit : at ilia per 

dter 345 veniens in ecclesiam [Ra- aera circumvolitans tertio rediit 8U- 

Yennmtem,] ubi erat populus cum per caput ejus, tamquam in columba 

sacerdotibus congregatus, quod es- diceret Spiritus Sanctus, Ad quern 

•el vili et deformi opertus habitu, respiciam, nisi ad pauperculum et 

poet tempU ostium latitabat Severus, contritum spiritu, et trementem ser- 

.&c. — Conf. Sur. Vit. Sanctor. seu mones meos? £a autem res stupo- 

de SS. Histor. Febr.i. (t.i. p.809.) rem attulit omnibus, qui ibi tum 

Accidit, ut RavennsB episcopus ex aderant e clero et populo, et in 

hac vita migraret, et ecclesia ilia commune laudes gratesque egenint 

.pestore orbaretur. Conveniunt igi- Deo, bonorum omnium largitoxi. 

tur frequentes episcopi et ex propin- Mox i^tur productus est e suo lati- 

quis et remotis locis, ut tantse civi- bulo vir sanctus, et vel invitus rap- 

tati pontificem solito more pnefice- tus ad sedem pontificiam, unctusque 

.rent atque consecrarent. lUis vero oleo exsultationis et unguento sacri 

congregatLs, Severus domi laborans, chrismatis, ut fieri solet ad earn dig- 

uzori mcity Vadam odus, et videbo nitatem vocatis. — Sur. ibid. Sept. 7. 

quis sit fdturus antistes noster. Cui (t. 5. p. 134.) Ubi eo [ad ecclesiam 

uxor, Sede hie, inquit, et tuum ne- S. Stephani Aurelise] ventum est, 

gotinm age. Nam si velis vacare Euortius tamouam ignotus stat jux- 

otiOy non erit in rem nostram. Sive ta ostiarium. raulo post jubent epi« 

vero tu illic adsis, sive domo resi- scopi obserari fores; et ipsi, humi 

deas, te pontificem non creabunt. prostrati, cum multo gemitu et la- 

nie porro, liceat milu, ait, cum bo- crimis rogant Deum, ut indicet 

.na pace tua illuc ire. Respondit quemvelitordinariepiscopum. Con- 

conjunx, Fac ut lubet; nam, sine jungebat vero etiam suos gcmitus 



8 Ways of designing TV. 

the inquisitive reader may furnish himself with other instances 
lErom his own observation. The other thing I would suggest 
is, that sometimes an accidental circumstance was so providen- 
tially disposed, as to be taken for an indication of the divine 
will, and approbation of an election. Sulpicius Severus makes 
this observation particularly upon a circumstance that hap- 
pened in the election of St. Martin, bishop of Tours. Some 
of the provincial bishops, who were met at the place, for very 
unjust reasons opposed his election ; and more especially one, 
whose name was Defensor, was a violent stickler agiunst him. 
Now it happened that the reader, who was to have read that 
day, not being able to get in due time to his place, by reason 
of the press and crowding of the people, and the rest being in 

populuB universus, jurgionim finem jubent episcopi homiDem, in quo 

petens a Domino, et exspectans quid tantum miraculum visum esset, ad 

dicturi essent episcopi. Illis ergo se accedere; rogant ab eo, qnibua 

sic orantibus et plangentibus, colum- ex locis eo venerit ? aut quo profi- 

ba, divinitus missa, per fenestram cisci velit? Respondet ille« qnem- 

mirabili splendore radiat : atque in admodum Jam ante respondent oa- 

ecclesiam involans, cum claro stre- tiario. Illi igitur, se exauditos a 

pitu totam fere sedem per\'agatur. Domino sentientes, gratias ei agunt, 

tamquaminvestigansquippiam. Cer- quod ex ea urbe ad ipsos pastorem 

nens autem beatum Euortium januse miserit, ex qua priscis temporibus 

inbserentem in ejus capite residet. religionis propagandie causa piissi- 

lUe vero manibus eam abigit. Eo mos prasdicatores misisset. Deinde 

signo valde permotus populus tanto prsecipiunt beatissimo Euortio, ut 

instantius orabat Dominum, ut il- cum ipsis ad orationem se submit- 

lum Spiritum mitteret, qui in co- tat, et in altare caput immittat : 

liunba in Cbristum baptizatum de- orantque Dominum, ut tertio mira- 

scendit. Columba autem, ut se suo culo ostendere velit, num ille sit, 

functam ministerio ostenderet, per quem elegit ad ecclesiam illam tuen- 

O8tium,quoingressaerat,rur8u8avo- dam ac tovendam. Nondum finie- 

lavit. Turn vero perstrepens popu- rant preces, et ecce columba, plausu 

lus Itetitise effertur: episcopi vero ingenti alas concutiens, ad locum, 

et ordines omnes accurate perqui- in quo prius vir Dei steterat, se 

runt, quisnam ille sit, in cujus ca- contert ; et eum non inveniens, tam- 

pite columba sederit? Ibi rursus quam inquirens ubi sit, coram omni- 

qutpdam exstitit et sermonum et buscircumvolitat. Eranttumibinon 

hominum discrepantia, aliis dicen- pauci episcopi, qui dicerent acciri de- 

tibuM, oatiarium esse : aliis vere non bere etiam eos, quorum electio eccle- 

oiitiarium, sed ejus similem quem- siam illam vtdnerasset, ut viderent, 

dam. Itcrum ergo ad preces re- num illis praesentibus ad Euortium 

drunt sncerdotes, rogantque Doroi- columba se reciperet. Acciti sunt 

nuu), ut jubeat redire denuo colum- igitur, et cum starent cum Euortio 

\uM\\, Non sprevit Deus illorum inter episcopos, columba circumvo- 

utti^* : citlumna redit, per omnem litaus sensim ferebatur in sublime, 

r«rt» tH^oleainm circumvolitat, et tan- tandemque se submittens, in unius 

\\^\\\ ill caput beati Euortii advolat. Euortii capite requievit. Tum om- 

IU«»i rri uovitate |)erterritus, rursus nes acclamarunt, dignum ilium esse 

i^m i'«»|Hillii, eaque repulsa exit e sacerdotio, quippe quem ipse Domi- 

l^u\)»lu. Kxontur populi strepitus ; nus eUgeret, &c. 



i 3i 4* persons to the ministry. 9 

a little confuaion upon that account, one of those that stood by, 
taking up a book, read the first verse that he lighted upon, 
which happened to be those words of the 8th Psalm, '' Out of 
the mouth of babes and sucklings thou hast perfected praise, 
because of thine enemies, tJuit thou miff litest destroy the enemy 
and defensor." For so it seems the vulgar Gallican translation 
then read it, — ut destruas inimicum et de/ensorem. These 
words were no sooner read but the people gave a shout, and 
the adverse party were confounded. ' And so,' says our 
author 30, ' it was generally believed that this Psalm was read 
by divine appointment, that Defensor the bishop might hear 
his own work condemned, whilst the praises of God were per- 
fected, in St. Martin, out of the mouth of babes and sucklings, 
and the enemy was at once both discovered and destroyed.' 

By what has been said the reader now will be able to judge 
of the meaning of the ancients when they speak of parti- 
cular divine designations of persons to the ministry of the 
Church. 

4. The fourth and last way of designation was by the ordi- The fourth 
nary course ofsuffra^ge and election of the Church : the method ^J^^J^ 
of which in general was so accurate and highly approved, that frage and 
one of the Roman emperors, though an heathen, thought fit to ^ 

give a great character and encomium of it, and propose it to 
himself as an example proper to be imitated in the designation 
and choice of civil officers for the service of the empire. For so 
Lampridius^i represents the practice of Alexander Scvcrus. 
* Whenever he was about to constitute any governors of pro- 
vinces, or receivers of the public revenues, he first proposed 
their names, desiring the people to make evidence against 
them, if any one could prove them guilty of any crime ; but if 

^Su]pic.Sever.Vit.B. Martin. C.7. vel procuratores, id est, rationales, 

p. 325. (p. 473.) Ita habitum est, ordinare, nomina eomm propnonebat, 

divino natu Psalmnm hunc lectum bortans populum, ut si quis quid 

fuisse, ut testimonium operis sui haberet criminis, probaret manifes- 

De£eii8or audiret, qoia ex ore infan- tis rebus ; si non probasset, subiret 

timn atque lactentium in Martino poenam capitis : dicebatque grave 

Domini laude perfecta, et ostensus esse, quum id Christiani et Judsei 

pariter et destructus est inimicus. facerent in prsBdicandis sacerdoti- 

'^ Vit. Alexandr. Sever, c. 45. (int. bus, qui ordinandi sunt, non fieri in 

Aug. Hist. Scriptor. p. 570.) Ubi provincianim rectoribus, ^uibus et 

•aliquos voluisset vel rectores pro- fortunse hominum coromitterentur 

TinciiB dare, vel prsepositos facere, et capita. 



10 



Method of the 



VT. 



they accused them fSalsely, it should be at the peril of th^ own 
lives ; saying, it was unreasonable, that, when the Christians 
and Jews did this in propounding those whom they ordained 
their priests and ministers, the same should not be done in the 
appointment of goyernors of provinces, in whose hands the 
Uves and fortunes of men were intrusted.' This argues, that 
all imaginable care was taken in the election of Christian 
ministers, since their practice in this respect has such ample 
testimony from the heathens. And indeed all modem writers 
agree upon the matter in general, that anciently elections were 
made with a great deal of caution and exactness : but as to the 
particular methods that were used, men are strangely divided 
in their accounts of them ; by which means, there is no one 
subject has been rendered more intricate and perplexed than 
this of elections, which has even frighted some from attempting 
to give an account of it. But I must not wholly disappoint my 
readers through such fears ; and therefore I shall briefly ac- 
quaint them with the different sentiments of modern authors, 
who have handled this subject, and then clear what I take to 
be the true state of the case, from evident proofs of ancient 
history, which shall be the business of the next chapter. 

CHAP. II. 

A more particular a^^count of the ancient method and ina^wer 

of elections of the clergy. 

1. Thb grand question in this affair, upon which learned 

men are so much divided, is concerning the persons who had a 

right to vote in the elections of the clergy. Some think the 

people were never allowed any other power save only to give 

eopie^B < their testimonials to the party elected, or to make objections, 

Smrty^" ^ ^^^7 ^^^ ^^y J^* ^^^ reasonable exceptions, against him ; 
lections, so Habertus'^^, and Sixtus Senensis'^^^ jmd Bollarmin^*. Others 

32 Archierat. ad Rit. Elect, ob- 
serv. I. (p. 436.) .... Plena ilia et 
abaoluta per populuzn electio, nun- 
quam eccleeise prsesertim Greecise 
placuit; bene quidem consensus ple- 
ois et approbatio, vel etiam postu- 
latio, sea electio neutiquam. 

^ Biblioth. S. 1. 5. annot. 118. 
(t. 3. p. 88 d. 9.) ... Si recte utri- 
usque doctoris [Origenis et Cypri- 



lie differ, 
at opin- 
ins of 
«nied 
len con- 
the 

ower an- 



ani] verba expendantur, neuter 
rum jus eligendi episcopum populo 
attribuit ; sed hoc tantum fuisse in- 
dicant a rectoribus ecclesise plebi 
concesBum, ut ipsi, populo prsesen- 
te, sub ocidis omnium delegerentur, 
ut digni atque idonei publico judido 
comprobarentur, ne ulla post ordi- 
nationem retractandi occasio rema^ 
neret : unde et Lampridius, scripkv 



election of the clergy. 11 

saj the people were absolute and proper electors, and that 
firom apostolical right, which they always enjoyed for a succes- 
sion of many ages. This opinion is advanced, and with great 
show of learning asserted by Blondel^, against Sancta Clara 
and the rest of the other opinion. De Marca'^ takes a middle 
way between those two extremes : he says the people had as 
much power andently as any of the clergy below bishops; 
that is, th^ consent was required in the promotion of a bishop 
as well as their testimony ; yet he will not allow this to be 
called electing : for the designation election or Judgment, ho 
says, still belonged only to the metropolitan, together with the 
synod of proyincial bishops. And though wo read sometimes 
of their giving their vote or suffrage ; yet that, he says, ' is 
only to be understood of suffi*age of consent, not the suffi*ago 
of election.* But Mr. Mason ^7, in answer to Pamelius, who had 
advanced something of this notion before De Marca, rejects 
this as a deluding distinction, and asserts that the people had 
properly a voice or suffrage of election ; and he quotes Bishop 
Andrews 3^ for the same opinion. Yet he does not carry the 
point so high as to maintain with Blondel, that it was of un- 
alterable right, but left by God as a thing indifferent, to be 
ordered by the discretion of the Church, so all things be done 

a iMMtra religione alienus, in Vita signandi episcopi dero et popalo 

Akxandri Augusti refert coDsue- tribuit; ipsam vero designationem 

visae prius nomina eoruxn, qui ec- sive electionem et judicium metro- 

ckam pFBefidendi erant, proponi politano una cum synodo provincia- 

paboD, ut a omd contra eum popu- Hum episcoporum. In quo testimo- 

ms haberety ia in medium proferret, nio dando non reperio discrimen 

&c. aliquod constitutum a veteribus in- 

M De Cler. L i . c. 7. (t. 3. p. 346 d.) ter clerum civitatis et populum. 

Jos eligendi enmmnm pontificem Mqao enim jure hac in parte ute- 

CKteroeque ecdense pastores et mi- bantur, et utriusque consensus ad 

nistroa, non convemt populo jure suscipiendum episcopum exspectan* 

divino. Sed si quid cdiquando in dus erat. Tota quippe, ut jam dizi^ 

hac re populus potuit, id totum ha- auctoritas erat penes episcopos, et 

bnit ex conniventia vel concessione pnecipue penes metropolitanum, qui 

pontificnm, &c. rebus gestis r^ kvoos adhibebat, ut 

^ ApoL 8. ^. (pp. 379, seqq.) No- loouitur Synodus Niceena. 

vatianum a Novato, &c. ^ Consecration of Bishops, b. a, 

^ De Concord. L 8. c. a. n. a. ch. 4. (pp. 159, 160.) Yet the suf- 

(p. ma.) Ceterum si negotium is- frages of the people. Sec, 

tud referatur ad primam originem, ^ Respons. ad Apol. Bellarmin. c. 

mommque vetusts ecdesisB et anti- 13. (p. 313.) Prsesentia quidem pie- 

quomm canonum ratio habeatur, bis apud Cyprianum includit testi- 

cooatana est iDa sententia, quse so- monium de vita, nee ezcludit suffra- 

Ittm testimonium et consensum de- gium de persona, &c. 



12 



Method of t/te 



IV. 



honestly and in order. And this seems to have been the 
opinion of Spalatensis^', Richerius^o, Justellus^^ SuicemB**, 
and some other learned men of both Churches, Others there 
are who distinguish between the times preceding the Coundl 
of Nice and those that followed after; for they think, whatever 
power was allowed the people in the three iSrst ages, was tak^n 
away by that Council, and the Councils of Antioch and Lao- 
dicca that followed not long after. So Schelstrate^^, in bis 



^ De Republ. Ecdes. 1. a. c. 3. 
n. 42. (t. I. p. 411 d. 10.) £t quo- 
niam qui excludunt plebem nostri 
ab electionibus episcoporum, plebis 
partes non alias ponunt antiauitus, 
nisi ut testimonium reddat ae vita 
et moribus promovendi: ut errare 
86 cognoscant, si uon siut satis tot 
testimonia jam allata, in quibus 
multo plus tribuitur plebi quam tale 
testimonium; legant Acta Concilii 
Chalcedonensis . . . legant etiam Al- 
cuinum, [de Divin. Offic. c. 36.] 
ubi sic scribit; Cum episcopus ci- 
vitatis fuerit dtfuncttts, eligitur alius 
a clero seupopulo, Sfc, 

^ Hist. Concil. 1. 1. c. la. n. 18. 
(p. ^80.) C. 22. [C. 4. Constant.] 
sic naoet: Promotiones atque cofi' 

secrationes, ^c Huic canoni 

concordat 12 ad cujus intelli- 

gentiam Cardinalis Cusanus, (lib. 2. 
ae CJoncordantia, cap. 32.) demon- 
strans invitis dari non posse episco- 
Dum : quam in rem laudat Can. de 
Neptis 31, quaest. 2, quo docetur, 
sicut in matnmonio carnali, sic in 
ecclesia, unum corpus spirituale 
constitui debere ex episcopo et 
plebe, ac proinde consensum neces- 
sariimi videri : quoniam non du- 
bium, inquit, inter episcopum et 
ecclesiam matrimonium esse, (3. 
qusest. I. can. Audivimus,) et 
propterea (i. quaest. i. can. Ordu 
nationes,) dici ordinationes, quae 
non fiunt communi consensu deri 
et populi secundum canonicas sanc- 
tiones, et ab iis, ad quos consecratio 
pertinet, non comprobari et falsas 
judicari; quoniam qui taliter ordi- 
nantur, non per ostium, id est, per 
Cbiistiun intrant, sed, ut ipsa Veri- 
tas testatur, fiires sunt et latrones. 
Et ratio bujus est, quoniam consen- 



sus de essentia matrimonii est. Di- 
versitas enim ordinum prseposito* 
rum et subjectorum pro consenrm- 
tione reipublicse ordmata est; nt 
dum reverentiam ezhibent minores 
potioribus, et potiorea minoiibiw 
dilectionem, vera concordia ez di- 
versitate contexeretur, ut recte offi- 
ciorum gereretur administratio ; ut 
Dist. 89. can. Ad hoc, et Diat. 45. 
can. lAcet, Igitur ex concordan- 
tia subsistit ecdesia. Quare invitia 
prseses non recte prseponitur, de 
quo pulcre Dist. ^5. can. Esto. 
Sed oportet quod ille, qui prBest* 
ab omnibus quibus prapest conati- 
tuatur, tacite vel expresse : sin an- 
tem aliter praesumtum fuerit, viri- 
bus carere dubium non est^ quia 
irritum est: Dist. 66, can. Arcki' 
episcopus: qui dicit alibi, Oportet 
ut ille, qui omnibus praeesae debet, 
ab omnibus eligatur, &c. 

«J Not. in c. 6. C. Chalced. (t i. 
p. p2.) Is fuit vetus mos ecdeaiae in 
episcopis ordinandis, ut rogarentur 
suffra^a non modo deri, sed etiam 
populi, atque ut omnium de eo, qui 
ordinandus erat, judicia scisdtaren- 
tur, illius nomen plebi publico pro« 
ponebatur, facta omnibus poteatate 
quidquid vellent eis objidendi, &c. 

*2 [Thes. Eccles. in voce cfrunco- 
nos, (t. I. p. 1 181 a.) Antiquissimis 
temporibus episcopi a tota ecdeaia, 
ex pastoribus et plebe composita, 

fuerunt decti Usoue ad Inno- 

centium II. mos ille in Ecclesia Ro- 
mana fuit observatus, ut plebis con- 
sensus in electionibus et suffragium 
reouireretur. £d.] 

^ C. Antiocb. Kestitut. ap. ScboL 
in c. 19. (p. 599. ) Canon innovat 
quartum Nicaenum, et eadem statuit 
cum duodecimo Laodiceno: id quod 



|i. election of the clergy, 13 

Dissertations upon the Ck>uncil of Antioch, where he quotes 
ChristianuB Lupus and Sirmond for the same opinion. But tliis 
IS exploded as a groundless fiction, not only by Spalatensis^^ 

and Bishop Pearson 3^, but also by Richerius^^, Cabassutius^^, 
Valesius^®, Petavius^', De Marca^^, and other learned persons 

statuhy ubique obBervatum fuit a ut prius, admissa in episcopis eli- 

tempore Nicaeni Concilii, a quo om- gendis populorum euffragia : sic 

Bes fstentur plebis suffragia non tamen ut moderationi et regimini 

amplhis foiase in usu. subessent episcoporum. Quemad- 

^ De Republ. Eccles. part. i. modum in Atheniensium olim re- 

1. 3. c. 3. n. 12. (p. 403. a. ID.) Jam publica 7rp6€bpoi popularibus suf- 

rero poet concUiom Nicsenum, in fragiis pneerant, ut docet Julius 

ekctionibofl eumdem proraus vete- PoUux, 1. 8. 

rem morem perpetuo ecclesiam ad ^ Not. in Euseb. 1. 6. c. 43. (v. i. 

nostra pene tempera servasse, ut a p. 314. n. ^.) Presbyteri olim ab 

dero et popolo fieret, ex patribus et episcopo ordinari non poterant sine 

rebus gfstis; ex conciliis etjuribus; consensu cleri et populi. Ac de 

tx. Rom. pent, attestationibus et de- populi ouidem sufiragio in electio- 

cretis, jam sumo probandmn, &c. ne presoyterorum testantur patres 

^ \ indie. Ignat. part. i. c. it. concilii Nicseni in Epistola Synodica 

(Cotel. V. 3. p. 324.) O praeclaram ad episcopos iEgypti (d. i.) Deni- 

ct subtilem distinctionem, &c. que adeo necessarium fuit plebis 

^ Hist. Concil. 1. i. c. 2. n. 7. suffragium in electione presbytero- 

(p. 18.) Notandum contra Valesium rum, ut ssepenumero m ecclesia 

(tertia V^oie libri de Suprema Po- plebs tumultuosis vociferationibus 

testate Pape, qusestione sexta, circa presbyterum aliquem fieri postula- 

medium, ubi canonem quartum ret et cogeret, &c. 

Nicsenom explicat,) patres Nicsenos ^ Not. in Synes. Ep. 67. (p. 56.) 

non abstulisse populo jus eligendo- Quo in canone [Nicseno 4.] ae epi- 

rum episcoporum, sed tantum prse- scopi creatione ipsa, sive electione, 

cepisse electionem populi et cleri a agitur ; quae ita populi suffragiis 

metropolitano confirmari, et ab epi- permitti solebat, ut iis moderandis 

aeopis provinciae fieri oportere. ac gubemandis adessent, imo pree- 

Nam debinc semper populus in sua essent episcopi. Nee audiendus 

possessione elisendi pastores conti- Balsamo, 'qui ad hunc canonem 

noavit, idque nac synodali epistola observat, ' Olim quidem episcopos 

dare ostenditur, ubi nominatim ha- a populo consuevisse deligi ; sed 

betor episcopum Alexandrine debere quod in suffragiis ferendis, de eo- 

populi electionem confirmare. rum vita qusedam interdum minus 

^ Notit. Concil. c. 17. [ad c. 4. decora et nonesta jactarentur, mo- 

C Nicsen.] p. 83. (p. 109.) Nulla- rem ilium hoc canone abrogatum 

tenus hie audiendus Theodorus Bal- fuisse ; ac deinceps statuturo, ut ab 

samon, scribens in hunc can. 4, epi- episcopis ea fieret electio.' Quo 

scopos olim quidem fuisse ab uni- nihil dici potest absurdius. Non 

versa plebe electos. Quia tamen enim popularia suflfragia Nicsenus 

in hisce popularibus comitiis multa iste canon sustulit; sed his, uti dixi, 

jactabantur indecora in eos, quorum moderandis, vel cum illis etiam 

proponebatur electio, fuisse isto Ni- episcojjorum auctoritatem jussit ad- 

cseno canone consuetudinem illam hiberi. Quemadmodum Athenis po- 

abn^^atam, statutumque ut soli epi- pularibus concionibus aderant np6' 

Bcopi elxgerent. Sed errat Balsa- cdpot, ut docet Julius Pollux, lib. 8, 

mon, cum nuUum hie appareat ab- et Ilarpocratio. Quin etiam multo 

rogationis vestigium ; et constet post Nicamum concilium tempore 

perseque post mcsenum concilium, perseveravit in ecclesia, ut a populo 



14 Mtthodofth€ IV. 

of the Roman commnnion, who thmk the fSftthers (^ the Nicene 
Council made no alteration m this matter, bat left all things as 
they fonnd them. Some again distinguish between the election 
of bishops and the other clergy, and say the people's consent 
was only required in the election of bishops, but not in the 
proinotion of the inferior clergy. So Cabassutius^' and Bishop 
Bevcridgc ^^, who reckons this so clear a point, that there is no 
dispute to be made of it. Yet Valesius disputes it, and asserts 
the contrary ^^, 'that anciently presbyters were not to be or- 

crearentur episcopi ; idque et pen- fiiisse Pimanum ab Hipponend po- 

tificum Romanorum et concilionun pule instanter poatulatuiii, ut ad 

decreta sanxerunt. clerum promoTeretur. Inanper, ne 

^ De Concord. 1. 8. c. 3. n. 4. quid hue pertiiMiia omittatur, Ac- 
(n. 1 1 17.) Ex quibua canonibus [c. tuum Apoat. i, non adii Apoatoliy 
>ficaen.4, Antioch. 19, Laodic. 13.] sed tota eccleaia Matthiam eugity et 
aperte conficitur, epiBcouorum pro- Joaqih Barsabam, ut ez eia aniM 
motionem judicio synooi plenissime adsumeretur. El Act. 6. credentiiun- 
|)ermiiiHain. Et ne consnltatio, quae convocata multitado septem diaco- 
cum clero et plebe habenda est, noa elegit. Verum ad illud prionim 
nuctoritate canonis fiilta, contuma- caput testatur Chryaostomua, Pe- 
cei redderet civium animos episco- trum potuisse quidem per ae ipeum 
]M>rum judicio, ejus mentio omiBsa merito eligere, aed maluisae per mo- 
eat in canonibus ; relicta interim destiam et prudentiam univeras ec- 
consuetudine jam recepta de trac- clesiae gratificari. Postulatioiiia aa- 
tatu electionis habendo cum clero tem, qu» fiebant episcopia a popido, 
et plebe civitatis. Jus itaque epi- nihil habuisseprsetersupplicationea: 
scoporum canone firmatum est. neque jus ullum, aut obli^ationem 
Quod pertinet ad populum, consue- induxisse, certum est. [Differently 
tudini relictum est. worded in the larger editions, Lugo. 

<> Notit. Concil. c. 36. (Ed. Lug- i68o. (p. 153.) and 1685. (p. 15a.) 

dun. 1670. p. 196. et Venet. 1703. n. 9. ad c. 13. Synod. Laodic. sub- 

p. 136.) Probatum invictis testimo- Daimaso. Ed.] 

nils fuit superius ad Nicsenum ca- ^ Not. in c. 6. C. Chalced. ad 

nonem quartum, ad episcoporum vocab. eiruajpvrroiTo, (t. 3. append, 

electionem admissa olim fiiisse pie- p. 113.) Non quidem inficias earn, 

bis suffragia. Secus tamen fieri so- quin inuajpimr^ sspius palam ei 

litum fuit circa minorum sacerdo- per pr<Bconem aliquia denuntiare ei 

tum et inferiorum ecclesiae mini- praaicare significet, neaue etiam 

strorum electionem, ut ex isto ca- me latet, sufiragia olim cleri popu- 

none decimo tertio perspicuum sit. Mque publice rogata esse, priusquam 

Populi quidem testimomum de vita episcopus ordinaretur : sed qua ta- 

et moribus ordinandi requirebatur. men ratione Cbristophorus Justellus 

Joxta illud I 'Hm. 3. oportet ilium banc vocem eo sensu hie usurpari 

et testimonium habere bonum ab asseruerit, non video. Etiamsi enim 

lis, qui foris sunt. Quin immo non- episcoporum nomina publice propo- 

mimquam populus ipse aliquem sita fuerint priusquam antiquitus 

fwiponebat, et postulaoat ordinari : ordinarentur ; idem tamen in pres- 

ttjiut ur enim Fiulinus, Ep. 45, se byterorum, aliorumque inferiorum 

RKrcinone in Hispania fuisse ab clericorum ordinationibus numquam 

4^fiiKV^> l^amnio inltiatum clero, et obtinuisse, notius est, quam ut pro- 

~ Ml «4 UoiM pom]^ poatulatio- batione indigeat, &c. 

I^imi wih rt Att|r., Ep. 225, ^ See note 38, preceding. 



f I, 2. election qft/ie clergy, 15 

dained by the bishop without the consent of the clergy and 
people/ Bishop StiUingfleet, who is one of the last that has 
considered this matter, gives us his sense in these following 
obserrations. Ilrst^'*, ' that the main ground of the people's 
interest was founded upon the Apostle's canon, '' that a bishop 
must be blameless and of good report;" and therefore,' he 
says^^, 'the people's share and concern in elections, even in 
Cyprian's time, was not to give their votes, but only their tes- 
timony concerning the good or ill behaviour of the person.' 
Secondly^*, * that yet upon this the people assumed the power 
of elections, and thereby caused great disturbances and dis- 
orders in the Church.' Thirdly, ' that to prevent these, many 
bishops were appointed without their choice, and canons made 
for llie better regulating of them.* Fourthly, * that when there 
were Christian magistrates, they did interpose as they thought 
fit, notwithstanding the popular claim, in a matter of so great 
consequence to the peace of Church and State.' Fifthly, ' that 
upon the alteration of the government of Christendom, the in- 
terest of the people was secured by their consent in parlia- 
ments; and that, by such consent, the nomination of bishops 
was reserved to princes, and the patronage of livings to parti- 
cular persons.' 

In this great variety of judgments and opinion of learned men, 
it will be no crime to dissent from any of them ; and therefore I 
shall take the liberty, to review their opinions, and express impar- 
tially what I take to be agreeable or disagreeable in any of 
them to ancient history and the rules and practice of the Church. 

2. And here, first of all, it will bo proper to observe, that The j 
there was no one universal imalterable rule observed in all°f^^* 

pie e< 

times and places about this matter ; but the practice varied to th 
according to the different exigencies and circumstances of the ^i^ 
Church, as will evidently appear in the sequel of this history, t^® ^ 
In the meantime, I conceive the observation made by De bisho 
Marca thus fisu* to be very true : * that whatever power the in- 
ferior clergy enjoyed in the election of their bishop, the same 
was generally allowed to the people, or whole body of the 
Church, under the regulation and conduct of the metropolitan 

'*4 Unreasonableness of Separation, is plain even from St. Cyprian, &c. 
part «. s. 35. p.^12. (v. 2. p. 611.) « Ibid. p. 317. (p. 614.) That the 

^ Ibid. p. 316. (p. 613.) And this people, &c. 



16 Method of the Vi 

and synod of provincial bishops.' For their power, whatever it 
was, is spoken of in the very same terms, and expressed in the 
same words. Some call it consent ; others, suffrage or vote ; 
others, election or choice; but all agree in this, that it was 
equally the consent, suffrage, vote, election, and choice both of 
clergy and people. Thus Cyprian ^7 observes of Cornelius, 
' that he was made bishop by the testimony of the clergy and 
suffrage of the people ; ' where it is evident the words testi- 
mony and suffrage are equally ascribed both to clergy and 
people. Socrates^®, speaking of the election of Chrysostom, 
says * he was chosen by the common vote of all, both clergy 
and people.' And Theodoret describes the election of Eusta- 
tins, bishop of Antioch, after the same manner, when he tells 
us^^ 'he was compelled to take the bishopric by the common 
vote of the bishops and clergy and all the people.' Siricius*® 
styles this ' the election of the clergy and people ; ' and Ce- 
lestin**, * the consent and desire of the clergy and people ;* and 
Leo^'^, both ' the consent, and election, and suffirage* or votes *of 
the people ; ' who adds, also, ' that in case the parties were di- 
vided in their votes, then the decision should be referred to the 
judgment of the metropolitan, who should choose him who had 
most votes, and greatest merit to recommend him.' From all 
which, and many other passages that might be alleged to the 
same purpose, it is very evident that the power of the clergy 
and people was equal in this matter, and that nothing was 
challenged by the one that was not allowed to the other also, 
lis power 3. And hence it appears further, that this conjunctive power 
l^j^^y of clergy and people was not barely testimonial, but, as bishop 

^7 Ep. 53. [al- 55*] &d Antonian. p. evocaverit electio, non immerito so- 

104. (p. 243.) Factus est . . . autem cietur. 

Cornelius episcopus .. de clericorum ^^ Ep. 3. c. 5. (ibid. p. 1631 a.) 

pene omnium testimonio, de plebis^ Nullus invitis detur episcopus : cle- 

quse turn adfuit, suffragio. ri, plebis, et ordinis consensus et 

^ L. 6. c. a. (v. 3. p. 309. 23.) . . . desiderium reauiratur. 

^^icTfuiri Koty^ 6fU)v iravrav, kX^- ^^ Ep. 84. aa Anastas. c. 5* (CO. t. 



pov T€ <l>fiiu Koi \aov, K. r. X. 

*> L. I. c. 7. (v. 3. p. 26. 30 



3. p. 1385 a.) Cum de summi sacer- 
Qotis electione tractabitur, ille omni- 
"^19^ Kou^ Konivayicaaaif dpx^fpfis bus pneponatur, quern cleri plebis- 
Tc m Up€is Koi Ihrat 6 Xe«»(, 6 <^(X(^ que consensus concorditer postula- 
jQM^Tor. nt; ita ut si in aliam forte perso- 

^£p.i.ad Himer.Tarracon. c.io. nam partium se vota diviserint^ me- 
{CC. u 2. p. 102 1 d.) Presbyterium tropolitani judicio is alien prsefera- 
i«l #|* «i f« yiatiim [aL presbyterio vel tur, qui maioribus et studiis juvatur 
1 ai eom cleri ac plebis et mentis, &c. 



jj, 4. election of the clergy, 17 

Andrews and Mr. Mason assert, a judicial and effectiye power, t^>} 
by way of proper suffrage and election ; and that as well in the ei^ctii 
time of Cyprian as afterwards. For Cyprian speaks both of 
testimony and suffrage belonging to both clergy and people ; 
and says further ^3, ' that that is a just and legitimate ordina- 
tion which is examined by the suffrage and judgment of all, 
both clergy and people.' So that they were then present at 
the choice of their bishop, not merely to give testimony con- 
cerning his life, but, as bishop Andrews words it, to give their 
Tote and suffrage in reference to his person. Which observa- 
tion will be further evidenced and confirmed by proceeding with 
the account of several rules and customs generally observed in 
these elections. 

4. One of these was, that no bishop was to be obtruded on Evidei 
any orthodox people against their consent. I say, an orthodox ZJ^ 
people ; for in case the majority of them were heretics or some i 
schismatics, the practice was different, as will be shewed here- ^^^^1 
after : but where they were all Catholics, and could agree upon *J™» < 
a Catholic and deserving bishop, they were usually gratified in ab fin 
their choice, and no person was to be put upon them against ^** ^ 
their inclination. Sometimes the bishops in synod proposed a beobt 
person, and the people accepted him : sometimes, again, the ^^J^j 
people proposed, and the bishops consented; and wheie they piewii 
were unanimous in a worthy choice, we scarce ever find tliey 8^^^, 
were rejected. K they were divided, it was the metropolitan's 
care to unite and fix them in their choice, but not to obtrude 
upon them an unchosen person. This we learn from one of 
Leo*8 Epistles**, where he gives us at once both the Church's 
rule and practice, and the reasons of it. * In the choice of a 
bishop,' says he, * let him be preferred whom the clergy and 
people do unanimously agree upon and require : if they be di- 
ss Ep. 68, [al. 670 ad Fratr. His- " Ep. 84. ut supra. (CC. ibid, a.) 
pan. p. 173. (p. ao8.) Coram omni Si in aliam forte personam partimn 
synagoga jubet Dens constitui sa- se vota diviserint, metropolitani ju- 
cerdotem, id est, instndt et ostendit dicio is alteri prseferatur, qui majo- 
ordinationcs samdotales non nisi ribus et studiis juvatur et mentis : 
tab populi adsistentis conscientia tantum ut nullus invitis et non pe- 
fieri oportere, at plebe prsesente vel tentibus ordinetur, ne plebs invita 
detegantor malonim crimina, vel bo- episcopum non optatum aut con- 
norom merita praedieentur, et sit or- temnat, aut oderit, et fiat minus re- 
dinatiojuBta et leffitima, quse omni- li^osa quam convenit, cui non licu- 
nm suffragio et judido fuerit exami- erit habere quern voluit. 
nata. ? 

BIXOUAM, VOL. n. C 



18 



Method of the 



Vi 



vided in their choice, then let the metropoUtan give preference 

to Iiim who has most yotes and most merits : always proyided, 

that no one be ordained against the will and desire of the 

people, lest they contemn or hate their bishop, and become ir- 

reUgious or disrespectful, when they cannot have him whom 

they desired.' The transgression of this rule was objected as 

a great crime to Hilarius Arelatensis, by the emperor Yalenti- 

nian the Third ^^, ' that he ordained bishops in several places 

against the will and consent of the people, whom when they 

would not admit of, because they had not chosen them, he used 

armed force to settle them in their sees, introducing the 

preachers of peace by the violence of war.' Leo^^ objects the 

same thing to him, saying, ' that he ought to have proceeded 

by another rule, and first to have required the votes of the 

citizens, the testimonies of the people, the will of the gentay, 

and the election of the clergy : for he that was to preside over 

all, was to be chosen by all.' This evidently shews that the 

suffrage of the people was then something more than barely 

testimonial. 

Seoondljy 5. Another argument is, that in many cases the voices of the 

^oon- people prevailed against the bishops themselves, when they 

flnnedfrom happened to be divided in their iSrst proposals. Thus it hap- 

Sbldiopi' poned in the famous election of St. Martin, bishop of Tours, 

2ti^'i?*^ wliich has been mentioned in the last chapter, sect. 3. The 

volcft of the people were unanimously for him; Defensor, with a great party 

|MwpK Qf bishops, at first was against him : but the voice of the people 

prevailed, and the bishops comphed and ordained him. Philo- 

HtorgiuR gives us such another instance. Demophilus, bishop of 

C\>nHt4Uitinople, with some other bishops suspected of Arianism, 

imwting at Cyzicum, to ordain a bishop there, the people first 

uiado a protestation against them, ' that unless they would 

Hiiathoinatize publicly Aetius and Eunomius, both in word and 

writing, they should ordain no bishop there.' And when they 



tii«4r own 
lnaUn»ilon. 



M Novol. 34. ad calc. Cod. Theod. 
(I. 6. NpiNtnd. p. la.) • • • • Indecenter 
«iuNi, iuvtUi tX re pugnantibus civibus, 
(irdiimvit. Qui (Juidem, auoniam non 
faciltt hU hi«. qui non elegerant, re- 
(niiiitlmntur, inanum aibi contrahe- 
Ual annatam .... et ad aedem qui- 
villi \\\Mt\\\ prirdicaturuB [leg. prse- 



dicaturos] per bella ducebat. 

M Ep. 89. ad Epiflc. Vienn. (CC. t. 
3. p. 13^8 c.) Expectarentur certe 
vota civium, testimonia populonim, 
qcuereretur honoratorum arbitrium, 

electio clericorum Qui prs^* 

fectunia eat omnibus, ab oronibus 
eligatur. 



5i 6. election of the clergy. 1 9 

had complied to do this, they still insisted on their privilege ^7, 
' that no one should be ordained but one of their own choos- 
ing;' which was one who, as soon as he was ordained, preached 
the catholic doctrine of the 'O/aoovo-iov, that the Son was of the 
same substance with the Father. Ancient history will furnish 
the r(»der with many other instances of the like nature. 

6. Another evidence of the people's power in elections is the Ttiirdiy 
manner of their voting, or the way of giving their assent or manner 
dissent to the ordination of any person ; which was threefold. tl^.P«»l 

... voting I 

For either, first, they were unanimous in their vote for or election 
against a man, and then their way was to express their mind 
by a general acclamation, crying out with one voice, &$iosy or 
dmlf COS, dignue or indignuSy as the word then was, lie is worthy 
or unworthy. Instances of which form the reader may And in 
St. Ambrose", St. Austin *«, Eusebius^, Philostorgius^S Pho- 
tios^, the author of the Constitutions^, and several others. 
Or else, secondly, they were divided in their choice, and then 
they expressed their dissent in particular accusations of the 
parties proposed, and sidings, and sometimes outrageous tu- 
mults. St Chrysostom^ reflects upon this way in his Books 
of the Priesthood, when he tells us, ' that in those popular 
solemnities,' which were then customarily held for the choice of 
ecclesiastical rulers, ' one might see a bishop exposed to as many 
accusations as there were heads among the people.' And the 

^ L. 9. C. 13. (v. 3. p. 531. 4. . . . ii(i6s ioTiP aXri$&s ttjs Xtirovpyias. . 
Ovx trtpitf run ravrtfv iXBiip ava' koX aw6€fifiwv avr&v tK rpirov H^iov 
ax^fuwoif aXX' tw alrr&w al ^|^9^( €lp{u, airmrtitrOwiraif ol ndvrts avP' 

WpOO fTUTTCW. OfJflUf K. T. A. 

W De Dignit. Sacerdot. c. 5. (t. 2. ^ De Sacerdot. 1. 3. c. 15. (t. i. p. 

append, p. 363 a.) ... In orainatio- 392 e.) BovXci cot koI trtpov cttc- 

mbos eonmi clamant et dicunt, oc(f<o rovn;; r^r f^xv^ ctdor, fivpitov 

* Di^iis ea,' el ' Justus en,* ^fifrnrkrio'fuvov Kw^wtav ; I61 d^ Koi 

^Ep.IIO.ral.2I3.](t. 2.p.789g.) dcaicv^y tU r^r d7fu>rrXrtc ioprat, 

DiffDiifl et Jiiatua est, dictum eat cv afr fioXtora r&v €KKkrjo'iaaTiKStv 

viciea. apyStv rhs alpcVctf nou'ia'Oai vopos' 

^ Li. 6. C. 39. See ch. I . a. 3. the Jcai Tocavrtus ^cc Karrjyoplai^ rbv 

latter part of n. i8. p. 7* Up€a fi<iXX6^€vov, Strov tS>v apx^iit- 

^1 L*. 9. c. ID. (v. 3. p. §30. ID.) vwv t6 irKriB6^ itrri, navrfs yap ol 

.. .UokkoX dc Toi) vap6rros o;(Xov, cV douvai Kvpioi t^v rtfA^v, th vroXXa 

r$ A/ffUXf^ikov KaBwpva-€i, amrX roO t6t« (rxi^ovTai fitprf koi o{h* np6s 

*AAtot a9tfi6m¥ ro 'Awo^iof . dXkrjXovs, o(jt€ irp6s avrbv rhv Xa- 

® Biblioth. cod. 256. (p. 14 13. 35.) x^*^^ ^^ rniaKon^Vy rh tS>v npta-^v 

*0 \aibt fuf ^flN^ o^ avT^ /SacriXcI r€p»v avvt^piop Spoyptopopovp tdoi 

iw\ wkniovt &pas €fi6a t6 ^Afior. ns Sp* dXX* f fcaoTop Kaff iavrhp toTti" | 

^ L. 8* C. 4* (Cotel. v. i. p. 391*) Koaip, 6 fitp tovtop, 6 dc tKupop al- 

. . .'£« Tpirov noKtp irvBitrBwrap, tl povfitpos, 

C 2 



so 



Method of the 



IV.i 



account that is given not only by Ammianus Marcellinns^, but 
by Socrates^, and the other histonans, of the tumult raised at 
Rome in the election of Damasus, shews that the peojde were 
indulged in something more than barely giving testimony, elae 
they had hardly run into so great a heat and ungoyemable tu- 
mult. There was also a third way of expressing their conaenty 
which was by subscribing the decree of election for greater 
security, that no party might pretend afterward that they had 
not given assent to it. Thus it was in the election of Meletius, 
bishop of Antioch, who was chosen by common consent both of 
Catholics and Arians, each party presuming him to be of iheit 
own opinion. The election-paper was subscribed by all, Theo- 
doret says^^ and put into the hands of Eusebius SamosatensiSy 
which Constantius, when Meletius proved a Catholic, demanded 
to have had destroyed, but with all his menaces he could not 
extort it from him. St. Austin ^^ gives the like account of the 
election of Eradius, his successor at Hippo, which for some 
reasons he got done in his own lifetime. He iSrst ordered the 
notaries of the Church to take the acclamations of the people 
in writing, and then required all that could write to subscribe 
the instrument themselves. And this was the conmion way, 
whenever the metropolitan could not be present at the elec- 
tion ; then the decree of the whole Church was drawn up in 
writing, and carried to him for his consent and approbation. 
The remains of which custom may still be seen in the ancient 
Ordo Romanus^, where there is a form of a decree, which 
the clergy and people were to sign upon their choice of a 



^ L. 27. c. 3. (p. 480.) Damasus 
et UrsinuB, supra humanum modum 
ad rapiendam episcopatus sedem 
ardentes, scissis studiis asperrime 
conflictabantur, ad usque mortis 
vulnerumque (Uscrimina adjumentis 
utriusque proflrressis : quae nee cor- 
rigere sofficiens Juven^us nee mol- 
lire, coactus vi magna secessit in 
suburbanum. Et in concertatione 
superaverat Damasus, parte quae ei 
favebat instante, &c. 

^ L. 4. c. 39. tot. (v. a. p. 351. 
aoj 

^ L. a. c. 31. tot. (v. 3. p. 118. 5.) 

^ Ep. no. [al. a 13.1 (t. a. p. 
f^of.) A notaiiis ecctesise, sicut 



cemitis, excipiuntur quse didmus, 
excipiuntur quse didtis, et mens 
sermo, et vestree acclamationes in 
terram non cadunt. — Ibid. (p. 790 f.) 
. . . Hoc ad ultimum rogo, ut ^estis 
istis dignemini subscriDere qm po- 
testis. 

^ Ap. Bibl. Patr. t. lo. p. 104. 
(ap. Bibl. Max. 1. 13. p. 708 b.) Tit. 
Decretum, quod clerus et populus 
firmare [al. tormare] debet de electo 

episcopo Ut omnium nostrum 

vota in banc electionem conveniie 
noscatis, huic decreto canonico 
promptissima voluntate singuli ma- 
nibus propriis roborantes Bubscrip- 
simus. 



6, y. election of the eUitgy. 21 

tnsbop, and preeent it to the metropolitan and the synod, in 
order to hia coiuecration : in which case, if the metropolitan 
found him upon examination to be a person every way quali- 
6ed, a< they represented him, he then confirmed and ratified 
thdr choice, and bo proceeded immediately to bie ordination. 
All which argues that the people had something of a decisive 
power in elections, and that their sufirage was not merely 



7. This is further evident fi^m the use and office of inter- PauiUf, 
venters in the Latin Church, whose business was to promote ,^ ,^ ^f, 
and procure a speedy election of a new bishop in any vacant ^<»<''"- 
■ee, aa I have had occaraon to shew io another place'''. For 
in the Roman and A&ican Churches, upon the vacancy of a 
bishopTic, it was usual for the metropolitan to grant a com- 
mission to some of his provincial bishops to go to the vacant 
church, and dispose the clergy and people to be unanimous in 
the choice of a new bishop ; and when tlioy were agreed, they 
petitioned the metropoUtan by the interventor to confirm tlieu- 
ehmce, and vrith a synod of provindal bishops to como and 
(vdain him whom they had elected. Or else they drew up an 
infltnunent in writing, subscribed both by the interventor and 
themselves, and presented the new elect bishop to the metro- 
politan, who ord^oed him in his own Church. This was the 
practice of the Roman province in the time of Symmachus and 
Gregory the Great, as appears &om their EpietJes, which give 
directicNU to the intervenlors, or visitors, as they call them, 
concerning their behaviour in the present case. ' Let no one,' 
■ays Symmachns", ' draw up an instrument of election without 
the presence of (he visitor, by whose testimony the agreement 
of the clergy and people may be declared.' And Gregory, 
writing to Barbarus, bishop of Beneventum and visitor of the 
Cborch of Palermo, bids him'^ endeavour to make the clergy 

^ B. 3. eta. ifi. V. I. p. 170. clerum plebemque ejuidem ecclesue 

" X^-S-cfi. tCC. t.4.p.ia96&.) admoneie feitinet, ut, remoto stu- 

JDecntiun sine viiiutoris pnetentift dio, uno eodemque consensu talem 

nemo couflciot, cajua leitinuinio libi pneficiendum expetant sacerdo- 

dcrieonnn ac dvinm point noani- tem, qui et tanto miaUterio dignus 

nilu dedmri. valeat reperiri, et venerandis cano- 

^ L. II. Ep. 16. (CC. t. ^. p. nibus nullatenus respuHtur. Qui 

jgai a.). . Dilectio tna ad pnedictam dum fuerit poetulatus cum solemni- 

i^i»;.m [Panonnitanam] ire pro- tate decreU omnium BubBcriptioni- 

poabi^ et aamdnis adiioitatioiubus bus roborad, et dilectioniB tuK teati- 



22 



Method of the 



IV. 



and people unanimous in their presentation of a worthy person 

to be their bishop, who could not be rejected by the canons ; 

and then drawing up their petition in form of a decree, signed 

with all their hands, and the letters testimonial of the visitor, 

they should send him to Rome for consecration.' Nothing can 

be plainer than that here the clergy and people made the 

choice of their bishop, with the assistance of a visitor or inter- 

ventor, and then presented him to the metropolitan, who, if he 

had no canonical exception against him, confirmed their choice, 

and proceeded to his ordination. 

Fifthlj, 8. As a further evidence of this power and privilege indulged 

coftom of ^ ^^ people, it may be observed likewise, that it was custom- 

^people's ary in those days for the people in many places to lay violent 

waoMj and hands upon persons, and bring them by force to the bishop to 

}!l*![5?* be ordained. Thus Possidius^a tells us it was in the ordination 

vneni or- 

dainad by of St. Austin : ' the people seized him and brought him to the 
'^' bishop, requiring, with one voice, that he would ordain him 
presbyter, whilst he in the mean time wept abundantly for the 
force that was put upon him.' Paulinus^'^ says the same of 
himself, * that he was ordained presbyter by force and the irre- 
sistible violence of an inflamed and zealous people.' And there 
are many other instances of the like nature. 
Sixthly, 9. I observe but one thing more relating to this matter, 

titlTof /a- which was the compliment that some bishops passed upon their 
Mtfrt, which people upou this account, styling them^^A^^, in regard to the 
■hops upon share and influence they had in their designation and election, 
tiiiiaoconnt g^. Ambrose himself 75, speaking to his people, addresses him- 
oompliment self to them in this style : ' Ye are my fathers, who chose me 
peopte.*^^'^ to be bishop ; ye, I say, are both my children and fathers ; 
children in particular, fathers all together.' In which words 
he plainly refers to that providential consent of the people of 



moDio literarum, ad nos sacrandua 
occurrat. 

7* Vit. August, c. 4. (t. 10. ap- 
pend, p. 360 c.) Eum ergo tenue- 
runt, et, ut in talibus consuetum 
eat, episcopo ordinandum intole- 
runt, omnibus id uno consensu et 
desiderio fieri perficique petentibus, 
magnoque studio et claraore flagi- 
tantibus, ubertim eo flente, &c. 

74 Ep. 35. [al. 24.] int. Epp. August. 



s 



t. 2. p. 35 e.) ... A Lampio apud 
arcilonem in Hispania, per vim 
inflammatse subito plebis, sacratua 
sum. — Vid. Paulin. Ep. 6. ad Sever, 
p. Id. 

7* In Luc. 1. 8. c. 17. [corrige, 
c. 18. V. 20.] (t. I. p. 1489 e.) Yos 
enim mihi estis parentes, qui sacer- 
dotium detulistis : Yos, inquam, 
filii vel parentes, filii aiqguli, uni- 
vern parentes. 



-II. eUction of the clergy. ^ 

Milan, who, when they were divided before into several fac- 
tions, as soon as Ambrose was named, all unanimously con- 
apired together in his election. These are some of those col- 
lateral evidences that maj be brought to prove that anciently 
UtiB dergj and people joined in a common vote in the election 
of their bishop, and that their snffr^e was something more 
than testimonial, especii^y in the fourth and fifth ^es, in the 
I^tin Churdi ; where, as De Marca owns, the people's request 
was chiefly conudered. 

10. Not was this privil^e only indulged them in the election Whrt pow 
of their bishop, but sometimes in the designation of presbyters pi^ hi/^ 
also. For St. Austin and Paulinus were but to be ordained ^^f^ 
jo-eshyters, when that forcible constraint just now spoken ofpretbrten 
was hud upon Uiem by the people. Besides, St. Jerom saya 
expreasly^^, ' that presbyters and the other clergy were as 

mndi chosen by the people as the bishops were.' And Posra- 
dioB" notes this to have been both the custom of the Church 
and St Avatan'fl practice in the ordinations of priests and clerks, 
to have r^ard to the majority or general consent of Christian 
people. And Siritnus, who speaks ihe sense and practice of the 
Roman Church, says J^, ' that when a deacon was to bo ord^ed 
either preebyter or bishop, he was first to be chosen both by 
the clergy and people.' And therefore I cannot so readily 
snbecribe to the assertion of those learned men, who say that 
bishops before their ordination were propounded to the people, 
but not presbyters or any other of the inferior clergy. 

11. As to those who assert that the people were ancicnti/ Whotho 
indolged m these matters before the Council of Nice, but that ^r Nice 

^ Ep. 4. [■!. T3g/| ad Ruitic. Uone Crprianiu in Epistola ad cle- 

(t I. p. 038 d. a,) . . Cnm U vel po- rum et plebem Hiipanianim icripta, 

palna vu pontifa dvitatiB in clerum quee novK editionia eat ordine 67, 

degerit, agito qu« derid aunt. — In Sit ordinatio, inquit, jutta rt legi- 

Esek. 1. 10. c. 33. p. 609. {t. 5. p. tima, qua omnium mt^agio et judi- 

396 a.) . . , Speculator eccleaue, vel do fierit examhmta. Et ibidem 

epucopna vel preabyter, qui a po- Sabini epiacN^pi ordinationem laudat 

imlo uoctna B*t. dt latirtertit frotennlatit tuffragio 

'" Vit. August, c, 31. (t. 10. ap- faetam. Ed. Bened. in loc. Ed.] 

Mod. p. 373.) In ordinandia vero ^^ Ep.i.ad Himer.Tairacon.c.io. 

j_.:i. .._;-; ^QQ J J p j^jj J J Exinde jam 



muOTHU Chiiatiaiioruni et conaue- acceatu temporum preabjrteriur 
♦"ft""™ ecdeaiK •equendam esae episcopatum, m eum cleri ac pic 
ntritnbatur. flVea MSS., Foaaa- erocant electio, non immerito a 



VedBBlintia, et CSalercieiuis, 
De Mcerdotum ordina- 



i 



«4 Method of the IV. i 

made any their power was abridged by a new decree of that Council, 
In these ^^7 ^i*^ eyidently under a mistake. For it is certain the 
■»•**«"• Nicene Fathers made no alteration in this affair, but left the 
whole matter as they found it; for though in one of their 
canons 79 it is said, ' that the presence, or at least the consent, 
of all the proyincial bishops, and the confirmation or ratifica- 
tion of the metropolitan shall be necessary to the election and 
ordination of a bishop ;' yet that is not said to exclude any 
ancient priyilege that the people enjoyed, but only to establish 
the rights of metropolitans and proyincial bishops, which Mele- 
tins, the schkmatical Egyptian bishop, had particularly in- 
yaded, by presuming to ordain bishops without the authority 
of his metropolitan, or consent of his fellow-bishops in the pro- 
vinces of Egypt. That nothing else was designed by that canon 
is evident from this, that the same Council, in the Synodical 
Epistle written to the Church of Alexandria, expressly men- 
lions the choice of the people, and requires it as a condition of 
a canonical election. For, speaking of such Meletian bishops 
as would return to the unity of the CathoUc Church, it says^^, 
* that when any CathoUc bishop died, Meletian bishops might 
succeed in their room, provided they were worthy, and that 
the people chose them, and the bishop of Alexandria ratified 
and confirmed their choice.' Our learned bishop Pearson ^^ 
has rightly observed, that Athanasius himself was thus chosen, 
after the Nicene Council was ended ; which is a certain argu- 
ment, that the people's right was not abrogated in that CounciL 

^ C. 4. (t. 2. p. 29 d.) 'Eir/owoirov rov rcifXcvn^xc^rof, rcifs Sipm irpoa" 

frpoo^KCC fu^Xcora fUp vrr6 ftavrtw Xiy^cyroff, iju&ifoy ti &$u}i ^muvocito, 

T&9 hf T§ tTTOpylif KaBl(TTatrB<u* tl d^ Koi 6 Xabt alpolro, (nwfTrc^i^^i^oyroff 

hv<rx€p€s wf ro rtMovro, ^ dih /core- avr^ Koi €frur<l>payi(ovTos rov rfjg 

mlyovatuf apaytofv, fj fUh fiiJKog 6dov, *AX€(apdp€ias hrioftAwov. 

i( SsrapTos Tp€U 9ir\ r6 aM (rwayo- ^1 Vindic. Ignat. part. i. c. ii. 

fUvovf, fnjydnf^p wouAimv koX rw (CoteL v. a. p. 324.) . . . Eusebiani* 

^Mimov, Kal <rvwri0ffi€v»p lUii ypof*- qui creationem S. Athanasii abro- 

p&mvf r6r^ rifp x'^P^"^^^^ iroiti" gare voluerunt, defectum popularis 

ir$at' t6 de Kvpo£ r»v ytpofitvnp d/- dectionis objiciebant, et episcopi 

doadai Koff iKotmjp tnapx^ ^ ^KTP^ ^ synodo congregati. epi- 

pufrptmoXiTn. stola ad omnes Ecclesiae (^tholicie 

^ Vid. £p. Synod. C. Nicsen. ap. epiBcopos scripta, contrarium magna 

Theodor. 1. 1. c. 9. (v. 3. p. 32. 34.) animi contentione asaeruerunt. . . . 

— Item ap. Socrat. 1. 1. c. 9. (v. 2. Quod neque hi ne<}ue iUi fecisaent, 

p. 28. 19.) El dc Ttva irorff frvfxfiaitf si populi suffingia m eligendo epi- 

avtmava-aaBai r&v rV rg iKKKftaiqi, scopo antiquitUB locum nullum na- 

njviKavTa avpayafiaivfiv (Is t^v rifi^v buissent. 



II. 



de^ion of the clergy. 



%& 



The Eiuebian party made it an objection s^ainst him, ' that he 
had not the choice of the people ;' but the bishope of Egypt 
assembled in synod, in their Synodical Epistle, do with great 
earnestness maintain the contrary, asserting ^^ ' that the whole 
mnltitade of the people of the CathoHc Church, as if they had 
been all united in one soul and body, cried out, requiring Atha- 
naaius to be ordained bishop.' Whence Gregory Nazianzcn^*^ 
also says of him, ' that he was brought to the throne of St 
Mark, '^Irh^ '^ ^^^^ vavroSi by the mffrage of all the people' 
It ware easy to add many other instances and proofs of the 
like nature to the time of the Council of Chalcedon, when the 
people of Alexandria still enjoyed their ancient privilege, as 
appears firom several passages in liberatus^^, who says of Pro- 
terius, and some other of their bishops, ' that they were chosen 
by the nobles, and the decree and voice of all the people.' But 
I shall say no more upon this head, but only allege two canons 
of the fourth Council of Carthage, which comprise the whole 
practice of the Church in relation to this matter; — ^the onc"*^ 
decreeing, ' that the ordination of a bishop should always be by 
the consent of four parties, the clergy, the laity, the provincial 
bishops, and the metropolitan, whose presence or authority was 
principally necessary in all such cases.' The other canon ^^ 
orders, 'that no bishop shall ordain any clergymen without 
consulting with his clergy, and asking the consent, approba- 



^ Ap. Athanas. Apol. a. [s. Apol. 
oontr. Arian.] t. 2, p. 726. (t. i. 
part. I. p. lOI f. 4.) . . nay t^ rrixfiot 
flol was 6 \ahs irjt laMkuajt cxitXi;- 
01CV, ^Ofnp cjc fAtas ^kvxrj^ '^ tT^^yuar 
Toc crvycXi^XvASrcff, aif€06»y, tfKpa[ov, 
'ahwwrts ^ABammow tnUnumow. 

» Orat. 21. (t. I. p. 377 c^ OvT» 

Aaov iravr&ff, oi Korh, rip wmpoy 
wtK^torra wmn^p^ rvmv, oM (^>oyi- 
.Kms re koI rvpamnKw, dhX aTroaro- 
XuAf TV KoL mmi^iOTuc&f, in\ rhv 
lAapKov BfiAmw opayrrai, tdfx ^ttov 
T^ €itn0€tas fj Tfjs vpotbpias dui- 

^ Breviar. c. 14. (CO. t. 5. p. 

.76^0.) Collecti sunt ergo nobiles 

dvitatii, ut eum, qui esset vita et 

acnnone pontificatu dignus, elige- 



rent .... Novissime in Proterium 
omnium [al. universorum] sententia 
dedinavit. — C. 15. (ibid. p. 764 d.) 
Scripeit imperator Leo duci Alex- 
andrine Stil», ut pelleret quidem ab 
episcopatu modis omnibus 'Hmo- 
tneum, inthronizaret autem alimn 
decreto populi, qui synodum vindi- 
caret. 

8* C. I. ft. 2. p. 1 199 C.J Cum . . . 
consensu clericorum et laicorum, et 
conventu totius provincis episco- 
porum, mazimeque metropolitani 
vel auctoritate vel prsesentia, ordi- 
netur episcopus. 

^ C. 32. (ibid. p. 1 201 e.) Ut epi- 
scopus sine consilio clericorum suo- 
rum dericos non ordinet; ita ut d- 
vium J[as8en8tun, et] conniventiam, 
et testmionium quserat. 



516 Method of the IV. i 

tion, and testimony of his people.' This seems to have been the 
most common and ordinary practice of the Church. 
Some ex- 12. But then, as all general rules have their exceptions, so 
^J*^j2i ^^ cannot be denied but that this rule varied sometimes, or at 
rule. First, least had its limitations and restrictions : and I shall not do 
greiitest justice to the reader, nor the subject neither, unless I mention 
wt of the those also. Here therefore we are to observe, in the first place, 
wen hero- that this rule did not hold when the greatest part of any 
^iJ^^^ Church were turned heretics or schismatics. For in that case, 
had elections been made by the general sufi&*age of the people, 
none but heretical or schismatical bishops must have been or- 
dained. And therefore in the time of the great prevalency of 
Arianism, and the long schism of the Donatists, the Church 
did not tie herself always to act precisely by this rule. We find 
it objected by the Donatists in the collation of Carthage ^7, 
' that the Catholics made bishops in many places, where they 
had no people ;' that is, no Catholic people, for they were all 
Donatists ; consequently those bishops were ordained not only 
without, but against the consent of the people. And this I take 
to be the case of those bishops mentioned in the seventeenth 
and eighteenth canons of the Council of Antioch ; one of which 
says^s, ' that if any bishop is ordained to preside over a people, 
and does not take upon him his ofiice, and go to the church to 
which he is ordained, he shall be excommunicated till he com- 
plies, or a provincial synod determines otherwise about him ;' 
and the other says^^, ' if such a bishop absents from his dio- 
cese, not by his own default, but dt^ r^i; rov Aoov irapalTfia-w, 
because the people refuse to receive him, in that case he shall 
be honoured as a bishop, though not admitted to his own 
church.' These canons were made at a time when the Arian 

®7 C. 1 8a. (ibid. p. I39p c.) Peti- radc^ro, fj 6pLiroi ri irtpi avrov ij 

lianuB episcopus dixit : Sic etiam tu rcXcta (rvvobo^ r»v Korh rriv eirap^ 

[Alypius] multos habes per omnes x^ rtria-K^irnv, GrUchov.^ 
agros dispersos : immo crebros ubi ^ [C. i8. (ibid, b.) Ec ns ini- 

habes, sane et sine populis habes. trKonot xtipoTavn&€\s Wr irapoucitv, 

^ [C. 17. (ibid. p. 569 a.) £? nr fi^ tarfkdju cir rjv ix^iporovrfirf, ov 

inia-Koiroi x^^P^*<''^ tiritric6wov Xa- irapa r^v jfavrov idriaVf 3kk* tfroi dih 

fiibv, Ka\ Spur^is irpotardvai \aov, rijv rov \aov irapcuTrja-uf, fj di Mpa» 

fi^ Korahi^ro r^v Xcirov^iov, fu^dc alrimf oitK cf avrov ytpofUvrjp, tovtop 

fTflBoiTO anUvcu €ls r^y ry;^€ipt(r^€c*> ficrc^c ly ttjs rifujt Ka\ lifs Xcirovp- 

omy avrf cxxXi/o-ioy, rovrov €lifai yias, k. r. X. Orwikov,'] 
dKOUf^vrfTOVf foT ^ awayKooMs «ca- 



§ 12, I3> 14- election of the clergy, 27 

fistction had raised great commotions in the Church, which pro- 
bably made some bishops unwilling to go to their churches, 
and others could not be admitted, because the faction strongly 
prevailed against them ; and in both of them, it is supposed, 
the ordinations were made without asking the people's con- 
sent ; of which practice we have frequent instances in ecclesi- 
astical history in cases of the same nature. 

13. Another exception to the rule was, when bishops were Secondlj, 
to be ordained for very distant countries, or barbarous nations. ^^^S ^^ 
When Athanasius ordained Frumentius, bishop of the Indies at bishops u 
Alexandria, as the historians^ report, no one can imagine that p^^, „ 
he had the formal consent, though he might have the pre- Mrbaroni 
somptive approbation, of all his people. As neither can we 
suppose the bishop of Tomi, in Scythia, to be chosen by his 
people, when he was the only bishop ^^ in all that region, and 
commonly ordained at Constantinople, as, by the twenty-eighth 
canon of the Council of Chalcedon^^, the bishops of barbarous 
nations were appointed to be. 

14. In case an interventor, or visitor, who was sent to pro- Thirdly, 
cure a speedy election in any vacant see, got himself settled in r* ***® *° 



interven- 



^ Ruffin. 1. I. [al. ID.] c. 9. c. 23. (v. 3. p. .r;4. 45.) *0 W ^pov 

(p. 335 b. 12.) Frumentius Alexan- lUvrios , . . r^y 'AXf^ovdpou Kartika-' 

driam pergit, dicens, sequum non /3a>p ir6\w, t6v ttis fKK\rj<rias cdidofc 

esse opus occultare dominicum. irp<$cdpoy, &s 'Ivdol Xiov ttoOovo-i r6 

Igitor rem omnem, ut gesta est, ex- vo€p6v €l<r^€^(r6ai <f>S>s, 'ABavdaiot 

ponit episcopo, et monet, ut provi- dc TrjviKavra rrjs cV/cXijo-taf iMunii 

deat yimm aliquem diffnum, quem, jcarciyc rov^ oiaKas' ts tS>v diTjyrjfid- 

oongregatis jam plurimis Christianis ra>y ckciWv dKoviras, kqi tis <tov, t^, 

et ecdesiis constructis in barbarico ifKipov «eal rrfp rrjs ayvoias dyXvv 

solo, episcopam mittat. Turn vero afroo-iccddo-ci rod ^Bvovs, kqI roO atiov 

Athanasius (nam is nuper sacerdo- KrjpvyfxaTos avrois ottocVci Hjv at- 

tium susceperat) attentius et pro- ykfjv ravra cittoiv, kqI lijs apxitpart' 

penrius Fromentii dicta gestaque ktjs avr^ vapiros fxtradovs, tis r^v 

considerans, in concilio sacerdotum rov ^Bvovv ((cVr/x^ yttapy'uw, 
aitj Et quem alutm inveniemus virum ^^ Sozom. 1. 8. c. 19. (v. 2. p. 

talem. In quo tU Soiritus Dei in ipso, 307. 5.) . . 1kv3cu, n-oXXal ir6kfis ov- 

neut m fe, ^t kite ita possit im- res, €va navrts tiritrKonov f^ovo-tv. 
plereF Et tradito ei sacerdotio, re- ^ [C. 28. (t. 4. p. 770 b.) ^Qort 

dire eum cum Domini gratia, unde roifs lijs Uovtiktjs, koI rijs *Acruii^r, 

venerat, jubet. — Socrat. 1. i. c. 19. koX r^r Opt^iicrjg btoiKriatms pjfrpo- 

(v. 2. p. 51. 5.) *h.Bavd<noi . . avrhv iroKirag fiovovf, Ifri dc Koi Toxf£ cVroir 

^^pavfMtwnop r^y tirunctm^p dva^^(a' pap^piKois inuTKOtrovs tS»v trpotiprj' 

aval sropco'iecvao'cv, c?iro>v p,^ ^X*^^ pivtav bioiKriattav xtiporovtiaBai carh 

a&TOv rmnjdtijdrtpov* yiptrcu d^ rov- rov irpotiprjpivov ayiwrarov Bpovav 

TD' 'koX ^povfuvnos d(t»$e\s Tfjg circ- rrjs Jcarck K»varairnvovtro\ip ayitm- 

ownnjf, <wBu irrl n)y *lpd&p Trapayl- ttjs tmckfjalat. GrischovJ] 
prrai x^fi^""* '^•^•^* — ^Theodor. 1. i. 



28 Method of the IV. 

tor, or any the See by the interest which he had gained in the people 
g}iop^ jn' during his administration, yet he was not allowed to continue 
^^>^ in the possession of that see, though he had made never so 
into any strong a party among the people, or had the consent of them 
Me without jjj. 3JJ appears from a canon ^ of the fifth Council of Carthage, 
of »pro¥in- which is also inserted into the Code of the African Church. 
"^ The case was the same with any vacant bishops, — iirlaKoiroi 
aXokdCovres, — as the canons call them, who were ordained to 
such places as would not receive them. If any of them in- 
truded themselves into any vacant Church, without the consent 
of the metropolitan and a provincial synod, they were to be re- 
jected, though all the people were unanimous in choosing them; 
as the Council of Antioch decreed, in express terms, against 
such invaders: * If,' say they ^, * a vacant bishop transfers liim- 
self into a vacant church, and seizes the throne by stealth, 
without the authority of a full synod of the province, he shall 
be discarded, though all the people, upon whom he thrust him- 
self, should agree in the choice of him.' The same Council has 
another canon 9^, which prohibits any bishop to remove from 
one diocese to another, either of his own accord, or by the 
compulsion of the people : which plainly implies, that in all 
such cases no regard was had to the choice of the people, when 
they pretended to act without the concurrence of a provincial 
synod. 
Fourthly, 15. When the people were divided in their choice, and could 
fiicti^and ^®* unanimously agree upon any one, then, to prevent further 
divisioiis disputes, and the mischievous consequences of faction and divi- 
wo^ sion, it was usual for the metropolitan and the synod to choose 
an indifferent person, whom no party had named, and prefer 
him before all the competitors of the people. And this was 
usually done with good success : for the people commonly wore 
ashamed of their own choice, and universally acquiesced in 

M C. 8. (t. a. p. iai6 e.) Consti- ^apirafcf t6p Bp6vov dixa <rw6dov 

tutum est [al. placuit] ut nuUi in- rcXcIar* tovtov tMPkfjrov €h(u, ical 

iercessori licitum sit, cathedram, cm tl nds 6 Xo^r, iy xHpapirttCty, cXotro 

intercessor datus est, quibaslibet aMp. 

populorum studiis, vel seditiombus ^ C. ai. (ibid. 573 a.) ^EirioKonop 

retmere. — ^Vid. Cod. Eccles. Afric. mrh irapoucias mpas tU Mpa» fu) 

€. 74. (ibid. p. 1004 e.) fuBurratrBoi, fiqrt avB(up€r»s imo" 

- '^ C. l6. (ibid. p. 568 e.) E7 nt pltrrovra iavrbp, fi^re vir& \a&p e/c- 

tnUrKorrot axoXa(«iy, nrl o'yoXafov- fitafofjMvop, fi^rc (mh inurK^trcuf dpay* 

trap ^KKKfj<riap iavr^p iirippv^as, v* KaC^fUPOv, 



1 6. election of t/ie clergy. 29 

this. Sidonius Apollinarius^ gives us a famous instance, in 
the ordination of John, bishop of Chalons. ' A triumyirate of 
competitors, whose characters were not extraordinary, had, by 
different interests, drawn the people into three very great fac* 
tions ; to remedy which the metropolitan, privately consulting 
with his fellow-bishops, but taking none of the people into 
council, ordained this John, to the surprise of them all : but,' 
as our author observes, ' it was managed with that prudence, 
that though the advice of the people was not taken, yet the 
holy man was ordained, to the astomshment of the factious and 
confusion of the wicked, with the general acclamations of the 
good, and the contradictions and opposition of none.' And this 
was a conmion method in case of incurable divisions among the 
people. 

16. Sometimes the emperors interposed their authority, and Fifthly, 
themselves nominated the person whom they would have to be J^^JJJ^. 
ordained bishop, when they found by experience what dan- times inter- 
gerous tumults these popular elections raised among the people, ^^^rity 
Thus it was in the case of Nectarius, bishop of Constantinople, ^ prevent 
who was nominated by Theodosius only. For the people were the like 
not so much as consulted in the matter ; but the emperor or- 
dered the bishops to give him in a catalogue of fit persons, re- 
serving the power of election entirely to himself. Nay, when 
some of the bishops objected against Nectarius ' that he was 
but a catechumen, and unbaptized;' the emperor, notwithstand- 
ing, persisted in his choice ; and the bishops comphed, and im- 
mediately baptized and ordained him, as Sozomen^ informs us^ 

M L. 4. Ep. 35. (p. 309.) Poetquam et sanctus Euphronius, qui rigorem 

einscopuB Paulas junior discesserat finnitatein(|ue sententise sanioris^ 

decesseratquey ezceperunt pontifi- pneter odium gratiamque, primi 

cale conciliiun varise voluntates oppi- tenebant, conailio cum coepiscopiii 

danomm, nee non et ilia, quae bonum pius clam communicato, quam pa- 

poblicum semper evertunt, studia lam prodito, strepituque furentis 

privata, qme quidam triumviratus turbas despecto, jactis repente mani- 

acceuderat competitomm : quorum bus arreptum, nihilque tum minus, 

hie antiqnam natalium prserogati- quam que agebantur, optantem sus- 

vam reliqua destitutus momm dote picantemque, sanctum loannem, vi- 

mctabat : hie per fra|;ores parasiti- rum honestate, humanitate, mansu- 

00s, cnliDamm suffragio comparatos, etudine insignem, .... stupentibus 

Aincianis plausibus ingerebatur: hie, factiosis, erubescentibus malis, ac- 

apice votive si potiretur, tacita pac- damantibus bonis, reclamantibus 

txme promiserat, eccleeiastica plau- nullis, coUegam sibi consecravere. 
Boribiu suis praedse pnedia fore. ^ L. 7. c. 8. (v. a. p. 353.) 
Quod ubi viderunt sanctus Patiens 



so Method of the IV. ii 

Socrates 9^ takes notice of the same prerogative made use of by 
Theodosius Junior, upon the like occafiion, who nominated Nes- 
torius to the see of Constantinople, bth robs Kcvocnrovdicrra;, by 
reason of factious and vainrglorious persons in the Church. 
And, for the like reason, the same author^ tells us, upon ano- 
ther vacancy, to prevent tumults in the election, he gave his 
mandate to the bishops to enthrone Proclus in the church. De 
Marca^ will furnish the reader with other instances, and eccle- 
siastical Iiistory with more, to the same purpose. 
Sixtiilj, 1 7* Sometimes, again, we find the people and clergy were 

the people confined in their choice to take one out of three, that were first 

■ometiines 

rettnined nominated by the bishops in council. Thus it was in France 
^^ ^ in the time of the second Council of Aries, anno 452, when that 
one out Council made an order about elections to this purpose^: ' that 
which wero ^ ^^ Ordination of a bishop this rule should be observed : the 
2^"^||"*J* bishops shall nominate three, out of which the clergy and 
Sopt. people shall have power to choose one.' Other laws^ appointed 

M L. 7. c. 39. (ibid. p. 377. 34.) contentio de eodem episcopatu ex- 

MffT^ r^v rcXcvr^y Sio-iyviov iboKti orta fuerat, et usqne ad sanguinis 

TO(( fcparovo-i, iirfiiva /acv dm rovr xc- efiiisionem certatum. Cumque unus 

yocnrovdaarAs cjc m tKKKqvias tU r^v ibidem occubuisset in morte, et al- 

iwurKoirijvfrpoxfiplO<rBai' lea/roiiroX- ter pro perpetrato scelere datus fu- 

\&p lifv r6v ^ikimrov, noKK&v de issetinexilii trusionem; tuncBathil- 

T&y npdieXoy ;(ct/)oroin7^Ku cnrcv- dis regina, quse cum Lothario filio 

li6vr»v' tirnKvba dc f jc rfjs Ajfrtoxtias Franconim re^bat palatium, divino, 

Koktw ffiovkovTo rpififivou oip ut credimus, inspirato consilio, ad 

dtadpafi6vTos, Symu tK ttjs 'Ayrto- memoratam urbem hunc direxit vi- 

X^ias 6 f^t(rr6pios. rum, ut ibidem esset epbcopus ! 

w L. 7. c. 40. (ibid. p. 390. 35.) Circa idem tempus, id est, anno 

*0 /Sao-iXc^ff B€od6a'ios iro^s rov 664, optimates et rectores palatii 

irpayfA€KTos nootv6ria'fv' tva yap tirj consilium dederunt Childerico rem, 

frdXiv irtpX tirikoy^s inurK&Kov ^n- ut Landebertum prseficeret ecclesiae 

TT^o-cff i, Koi Tapaxrjv rj fKkX.fjo'Uf Trajectensi: ' cui regis imperio plebs 

Kunfiru, firf fitWfjo'as, oXX* ?ri KtifU' omnis consensit,' inquit auctor Vitae, 

vov Tov auifiaTO£ Ma^tfuavov, rots &c. 

irapovauf iinvK&iroit Mpopiaxu t6p ^ C.54. (t.4. p. loi7C.)PlACuit in 

IIp6ickov cfrrrpc^rcv. ordinatione episcopi nunc ordinem 

1 De Concord. 1. 8. c. 9. n. 8. (p. custodiri, ut tres ab episcopis 

1 139.) Quandoque contentionum nominentur, de quibus clerici vel 

subortarum occasione reges, neces- cives erga unum elegendi babeaut 

sario veluti remedio, ad ecclesiae qui- potestatem. 

etem electione sua palatina uteban- ^ Vid. C. Barcinon. c. 3. (t. 5. p. 

tur. Quod probatur diserte ex auc- 1605 e.) .... Ad summum sacerdo- 

tore antiquo Vitae sancti Leodega- tium .... provebatur : ita tamen, ut 

rii. ' Incubuit,' inquit, ' causa ne- duobus aut tribus, quos ante con- 

cessitatis, ut in Augustodunensi urbe sensus cleri et plebis elegerit, me- 

Leodegarium ordinare deberent epi- tropolitani judiao ejusque coepisco- 

scopum. Siquidem nuper inter duos pis praesentatis, quem sors, praeeun- 



f I7t iS- eJeeftOH of the cletyy. SI 

tbe clergy sod peo]^ to Domimte three, and the metropolitan 
Mid provinda] bishopB to cut lots, which of the three should be 
ordained ; which was the mle of the Spanish Cburch in the 
time of the Coundl of Barcelona, anno 599. 

18. We find also, m Justinian's laws, that a considerable al- L«tlj, 
teration was made in this affiur wherever thoee laws took oiMn'm Uwi 
place. For thereby the inferior sort of the common people '!" ''"^ 
were wholly cut off from having any concern in these elections, coafined u 
which were now confined to the clergy and the oplimates, or l,^^'^ 
persona of better rank and quality in every Church. For so, the iutmn 
hy two of his NotoIs*, it is expressly provided, ' that when a vholl* bz- 
bishop » to be orduned for any city, the clei^ and chief men eluded. 
^ the city shall meet, and nominate three persons, drawing up 
an instrument, and inserting therein upon their oath, that they 
choose them neither for any gift, nor promise, nor friendship, 
Dor any other cause, but because they know them to be of tho 
tme Catholic fwth, and of honest life, and good learning, &c. 
That out of these three, one that is best qualified may bo 
choeen by the discretion and judgment of the ordainor.' Do 
Marca thinks the Council of Laodicea long before made a 
eaoon^ to the same purpose, forbidding the elections of the 
clergy to be committed rotr ox^ois, vili plebecuUe, as De Marca 

cpscDpornm j^nnio, Cfaritlo eum qui ordinatur per diveratu [leg. 
~™" tetminante, nwnatraverit, Divinu] Scriptuiaa,auad neque per 



e ipaum, neque per aliam perbonam 

•Eb dedil quid, aut proiuisit, nnjue post- 

* Novel IJ3. c. r. (t. 5, p. 538.) hac dabit, vel ordinanti ipsum, vel 

Sandnnu igitur, quotiei opu* fu- bit qui Mcra pro eo tufiraKia fece- 

(fit epiMopum ordinari, dericofl et runt, vel alii cuiquani ordinatioDB 

prinutOB ciTitatis, cujua fiitumi e«t dc ipso faciendK nomine, fre. — Conf. 

epaco^nt oidiiiui. moz in tribui Coa. Justin. I.i.tit.s- de Epiic. leg. 

ptnomadecietafacere,propaBitiaeiH 41. (t.4. p. no.).. Aid tou n-apfiiiTar 

Sacronnctis Bvan^iiB, periculo su- k^iov StinrlCaiuy, iaaiut ir t'r olifSii- 

mm animaruin diceniet in ip«is de- mm irilXn liparaiv Sp6iiow axoKaaai 

cntis, quia neqne propter aliquam mifi&ol^, t^nf^ajta ylrttrSai aapa r«v 

donadonem, neque propter aliquam olKoirrar njn airripi ir<JXiv (Vl rpiirX 

IKniiiaiioiieni,antaiiucidaiii,autali- mir nrl ip6^ niani, xoi Oim atiur6- 

am qnamlibet cauwun; aed acientea nrri, imi toU uXXnc avaSoU lufiap- 

00a racUe et catbolic^ fidci, et ho- Tvpfj/u^mt, &tm eV rovnoi' ro^ *irj- 

K MM vitK, et literal DOIK, hog njaiulnpoi' tit njir ivurmnnir itpi>x*i- 

_ inmt, &c Ut ei trium per- pi(iir8ai. 

•onanuo Reg. tritnii pereonii], pro ' C. 13. (t. i . p. 1497 e.) Il<pl rou 

tjmboa taLa decreta fiicta aunt, me- fiq roic SJi^oit imTpmnui rac «Xayof 

faor oidiDrtnr electione et periculo woaltrSiu rac luiAorrur mlJioTaiTnu 

oriinantia. — Novel. 137. e. a. (p. (i< Upanim'. 
609.) Jnqoraadnm antem imnpere 



/ 



32 Method of the 

renders it^, that is, to the common and inferior aort qfpeopk 

But it is not certain the canon intended the prohibition in thai 

sense ; or if it did, it was of no force : for the people continiied 

their ancient practice for some ages after that CoimciL How* 

oyer, upon the whole matter, it appears that this power of the 

people did neyer so universally obtain, but that it was linuted 

in several cases by certain restrictions, and varied accordii^ to 

the different state of times and nations. 

[owand 19. At last, upon the breaking of the Roman empire, thtf 

^€M and ^^**^^ kings in France and Spain were generally complimented 

itroiit with a share in these elections, and their consent was as neces- 

iTe the ^^y ^ ^^7 other to the* ordination of bishops within their do- 

^id^wer minions. By which means their power quickly increased into 

' a prerogative of nominating solely, and all others had littk 

cIho to do but to accept their nominations ; which the reader 

that is curious in this matter may find discoursed at large by 

Do Marca^, in liis account of the change that was made in tbo 

Frc^nch and Spanish Churches in after-ages, which it is none 

of my huniness here further to pursue. As to the power of no-' 

niination in inferior patrons, it is generally agreed by learned 

incn^ that it came in upon the division of dioceses into distinct 

^ I)e Ooncord. 1. 8. c. 6. n. 8. (p. from the cathedral churches, where 

1 1 aH.) Quare canonia iatiua [Laodi- the bishop resided with his presby- 

ceiii dccimi tertii] decretum secu- ters, as in a college together, a ne- 

tus Justinianus suis legibus diserte cessity was soon apprehended of 

clcrum et priinatfH populi solos ad having presbjrtersfixea among them. 

electioneH (*piMfO|)onim admisit, neg- For the Council of Neocie8are» 

If ctis turbis : (|uarum assensus non mentions the enix^pioi frpconSvrrpoiy 

erat negligendus, sed inter suflfra^ the country premiers, c. 13, wlumi 

legitima non censebatur. Sic emm the Greek Canonists interpret to be 

accipienda aunt verba canonis, ut such as then were fixed in country 

plebis intervuntio prohibeatur, non cures; and this Council was held 

autem, ut sola ejus violentia arcea- ten years before the Council of 

tur, &c. Nice. In the time of the first 

7 Ibid. 1. 8. c. 9. (pp. 1 136, seqq.) Council of Orange, A. D. 441, ez- 

De electionibus epiicoporum Oalhco- press mention is made of the right 

mm, 4rc. — C. 10. (pp. 1145, se^q.) of patronage reserved to the nnt 

De j^raxi antiqua Hiipanica circa founders of churches, c. 10, via. {f 

electiones epUcoporum, SfC, a bithop imilt a church on his own 

^ Unreason, of Separat. part 3. land in another bishop's diocese, yet 

a. 3^. p. 336. fv. 3. p. 617.) As to the right ofpresentina the clerk was 

the inferior right of patronage, it is reserved to him. And this was con-' 

Justly thought to bear equal date firmed by the second Council of 

with the first settlements of Chri- Aries, c. 36, A. D. 453. By the 

atianity in peace and quietness. For constitution of the emperor Zeno, 

when it began to spread into re- A. D. 470, the rights of patronage 

moter villages and places distant are estabushed upon the agreements 



pari>lio<, unci tlie toundinir ot" <-liin'cli(''> in (Munitry plur-. l'(.r 
to give greater eneourageincnt to such pious aud useful works, 
the founder of any church, who settled an endowment upon it, 
was allowed to retain the right of presentation to himself, to 
nominate a fit clerk to the bishop for his approbation. That 
which led the way to this practice was a decree of the first 
Council of Orange^, anno 44 1 , wherein this power and privilege 
was first granted to bishops : ' that if any bishop was disposed 
to found a church in the territory of another bishop, the bishop 
of the diocese where the church was built should consecrate it; 
resenring to the founder the right of nominating such clerks as 
he should desire to have in his own church, whom the bishop 
of the diocese should ordain at his request ; or if they were 
already ordained, he should allow them to continue without any 
molestation.' And this canon is repeated in the second Council 
of Aries ^®, in the editions of Sirmond and Labbe, though it be 
wanting in some others. After this, by the laws of Justinian, all 
founders of churches and their heirs are allowed to nominate 
iheir own clerks upon the right of patronage to those churches. 
• If any man builds an oratory,' says one of his Novels ^ *, ' and 

It 6r8t made in the endowments of was received by a general custom of 
drarches. This constitution was this whole kingdom. So that the 
oonfirmed hj Justinian, A. D. 541 ; right of patronage was at first built 
and he allows the nomination and upon a very reasonable considera- 
presentation of a fit clerk : and the tion ; and hath been ever since re- 
tame mn settled in the Western ceived by as universal a consent as 
Gburchy as appears by the ninth anv law or custom among us, &c. 
Coondl of Toledo, about A. D. 650: ' C. o. (t. 3. p. 1449 c.) . . . Reser- 
and many canons were made in se- vata seaificatori episcopo hac gratia, 
vend CooDcils about regulating the ut quos desiderat clericos in re sua 
rights of patronage, and the endow- videre, ipsos ordinet is in cujus ci- 
meiite of churches; till at last it ob- vitatis territorio est ; vel si jam or-r 
tiined, bjr general consent, that the dinati sunt, ipsos habere acquiepcat. 
patron might transmit the right of [The entire canon is somewhat dif- 
presentation to his heirs, and the ferently worded in Labbe*s edition. 
Diahops were to approve of the per- The sense is the same. See the next 
•cms preaented, and toffive institu- note. Ed.] 
tkn to the benefice. The barons of 1^ Anno 452. c. 36. (t. 4. p. 
England, in the Epistie to Gregory 1015 b.) Si (}uis episcopus in alienae 
IX, plead that their ancestors had civitatis temtorio ecclesiam sedifi- 
the nght of patronage from the first care disponit . . non prsesumat dedi- 
planting of Chriatianity here. For cationem, quse illi omnimodis reser- 
thoee upon whose lands the churches vanda est, in cujus territorio eccle- 
bimty and at whose cost charges sia assurgit; reservata sedificatori, 



were endowed, thought they had &c. 

gnat reason to reserve the nomina- i* Novel. 133. c. 18. (t. 5. p. 549., 

tion of the clerks to themselves. Si quis oratorii domum fabricaverit.. 

And this, Joh. Sarisburiensis saith, et voluerit in ea clericos ordinare, 

BIHOHAM, VOL. L D 



84 Qualifications for onUnation : IV, 

either he or his heirs are minded to have clerks ordained 
thereto; if they allow maintenance to them, and they be worthy 
persons, such as they nominate shall be ordained.* And the 
bishop has no power to ordain any other, unless the pcreons so 
nominated be unqualified by the canons. Another NoveP^ 
allows the bishop liberty to examine them, and judge of their 
qualifications ; but if he finds them worthy, he is obliged to 
ordain them, having in that case no power to refuse them. 
They who would see more of this matter may consult our 
learned bishop Stillingfleet^^, who gives an account of the pro- 
gress of it in future ages ; which being foreign to my subject, I 
return to the business of elections in the ancient Church, and 
proceed to give an account of the several qualifications that 
were necessarily required in persons to be elected and ordained 
to any office or dignity in the Church, 

CHAP. III. 

Of the examination and qualifications of pei^son^ to be or- 
dained to any office of the clergy in the primitive Church. 
And, first, of their faith and morals. 
Three in- 1 . Before any person could regularly be elected or ordained 
made about ^ ^^7 clerical oflSce in the Church, the electors and ordaincrs 
ST"^*^ "were obliged to make several inquiries concerning him, wliich 
respecting, I think may be reduced to these three heads ; the examination 
iBt, then: ^f j^jg faith, his morals, and his outward state and condition in 
andly, their the world. The two first of these they were most strict in can- 
«Sit their vassing and examining, because they were moi*e essential and 
outward nccessary to the ministry ; but the third they did not omit, be- 
«ondition. causc the peculiar state of those times did more especially re- 
quire it. For then men were tied by the laws of the Empire to 

Aut ipse aut ejus hteredes: si ex- esse ei fiduciam ullam, quos vult 

pensas ipsis clericis ministrant, et per potestatem deducere tuse reve- 

dignos denominant, dcnominatos rentise ad ordinandos eos, sed exa- 

ordinari. Si vero (|ui ab eis eliffun- minari a tua sanctitate : sententia- 

tur, tanquam indignos prohibent que tua et qui pontificalem sedem 

sacrse reg^ulse ordinari : tunc sane- rexerit, semper nos suscipere ordi- 

tissimus episcopus quoscunque pu- nationem, qui tuse beatitudini, et 

taverit meliores ordinari procuret. qui postea opportune videbuntur 

^'^ Novel. 57. c. 3. (t. 5. p. 298.) existere, et Dei ministerio digni, 

. . . Decernimus si quis sedificans &c. 

ecclesiam aut etiam aliter expendens i^ Unreasonableness of Separa- 

in ea ministrantibus alimenta, volu- tion, part 3. p. 327. See note 8, 

erit aliquos clericos statuere : non preceding. 



1,1. Jiiilh and moraU. 35 

bear the offices of the State according to tlicir quality and sul>- 
ftance, and those offices were commonly inconsistent with the 
<^ces of the Church ; which made it necessary to inquire, be- 
fore men were ord^ed, whether they were under any obhga- 
tioa to the State, or obnoxious to any distinct power : for fear 
the Church should seem to encroach upon other men's rights, 
or bring trouble upon herself, by having her clergy recalled to 
a secular life again. 

S. The trial of their Jdith and orthodoxy, under which I also The nle ■ 
comprehend their learning, was made three ways; partly hy^^^^^, 
obliging the electors to give in their public testimony of them ; '"8 "^ 
partly by obliging the persons elected to answer to certain in- leaning, 
tcrrt^atories, or questions of doctrine, that were put to them ; 
and partly by making them subscribe a body of articles, or 
confession of faith, at the time of their ordination. By a law 
of Jostinian's '°, the electors themselves were to declare upon 
oath, in the instrumeDt or decree of election, if it were a bishop 
that was choson, that they knew him to be a man of the true 
Catholic faith, and of good Ufo and conversation, &c. And, by 
the some law, the bishop to be ordained was required to give 
.in a libel, or form of confession of his faith, subscnbed with 
.his own hand ; and to repeat the form of prayer used at the 
oblation of the holy eucharist and at baptism, with the other 
, prayers of the Church. Which was an intimation that he al- 
lowed and approved the bturgy or public service of the Church. 
The fourth Council of Carthage " prescribes a particular form 
of examination by way of interrogatories to the bisliop who 
was to be ordained, which is too long to be here inserted ; but 
it consbts chiefly of such questions as relate to the articles of 
the Creed, and doctrines levelled against the most noted licre- 

n NoveL 137. c. 3. (t. 5. p. 609.) earn qua fil in baptiniiate precatio- 

....Quemque ipaonim jurare ae- nem, et reliquaa deprecatbnea. 
enndnm Divioa Eloquia, et ipsia '^ C. t. (t. a. p. 1198 d.) Qui 

.pMphinoatibua inacribi quod epiacopus ordinandue eat, antea ex- 

•cientcB ipMia ttctat et catholicce aminetur, ei oatura ait prudens, ai 

'fidd et honeatE vitc, .... ipaoa elc- docibilia, ai moribua tempetatua, ai 

goiut. .... Ezigi etiam ante omnia vita caatua, si aobriua, si BeD::per 

ab eo, qui ordinandua est, libellum auia negotiia cavens, [vacana, habbe 

gna |Mt)|»ia inbacriptione complec- marg.] ai humilia, si affabilia, si 

tmtem q<am ad rectam ejua fidem mieericora, «i literatus, si in lege 

pertinent. Bnuodari etiam ab ipso Uomim instnictua, ai In Scriptura- 

I obladonis formulam, rum aeneibuB caucus, ii in dugiiin- 

e fit, et libuB eccleaiaaticia etercitatua, &C, 



r 



36 Qualifications for ordination : IV. 

sies, that either then were or lately had been predominant in 
the Church. Orders also are there given to examine whether 
the candidate be well instructed in the law of God, and able to 
expound the sense of Scripture, and be thoroughly exercised 
in the doctrines of the Church. By which we may judge what 
due precaution was then taken to admit none but persons 
rightly qualified, as to their faith, to the chief administrations 
of the Church. 
The InPBgtt- 3. Upon which consideration it has seemed very difficult to 
tkmofSr- ^^^ learned men to account for the practice and conduct ol 
neafais con- Theophilus of Alexandria, in ordaining Synesius, at the same 
time that he professed he could not yet believe the doctrine of 
the resurrection, and some other articles of the Christian Faith. 
Baronius^^, and Habertus^^ and our learned bishop Taylor^', 
reckon he only dissembled, and used this stratagem to avoid 
being ordained. But had this been the case, it had still been 
a just canonical exception against him ; for the Canons ^^ forbid 
the ordination of any one, who accuses himself as guilty of any 
heinous crime, whether his accusation be true or false ; for he 
proves himself guilty either by confessing a truth, or at least 
by telling a lie about it. But indeed the case of Synesius was 
no feigned case, for he spake the real sense of his soul ; as ap- 
pears, not only from what the historian ^^ says of it, but from 
the account which he himself gives in one of his Epistles ^^ to 

1^ Anno 410. (t. 5. p. 318 e.). . . . dacio falsitatis. 
Errore maidme labuntur, qui putant ^^ Evagr. 1. i. c. 15. (v. 4. 

h»c serio fiusse a Synesio incul- p. 370. 7.) Ovrot fih Hvptatos ifr 

cata, &c. ftfv rh &Ka voarra Xovcor* ^mXooo- 

1^ Archierat. ad Profess. Fid. ob- <bia» di ovr^is cV t6 aKp6raTov c(- 

Berv. I. (p. 500.) Ad hoc etiam meo rjaKrja'fv, ox ical napa Xpurruumif 

judicio non nihil facit ilia quamvis Oavfiaa-Bfjvai, riov /i^ irpooira^i^ fj 

simulata Synesii, cum ad Cyrenen- dvTiira$«uf Kpiv6vTtav ra Spm/Atva' 

sem episcopatuin posceretur, con- ntlBovin d* ovv avrbv Trjs tromfpitt' 

testatio, qua minaDatur, se palam dow irttkiyytpta-las a(i»Brjv€u, lutk 

liEicturuni, quid in mente haberet de t6v (yy6v rijs Itpwrvrrjs vnvX^ir, 

aninue ante corpus exsistentia, Sec, o(hr» t6v \6yo¥ Trjs dvturraa't»t ira- 

^7 Duct. Dubit. b. 3. ch. 2, p. 4^5. pad€x<$ficyov> ovdc ^(dC€iv c^cXoym* 

(Rule 5. 8. 18. Works, v. 13. p. 307.) €vBvpSk»s tZ fuXa imxao'dfievot, ^ 

Synesius, bishop of Ptolemais, &c. rats SkXatg rwfbpin aperait r^fcrm 

1^ Vid. C. Valentin, c. 4. (t. 2. p. xal raOra, rfjs Btiat x<^^^ unfihf 

905 6*) Quicunque se sub ordina- iKktvnh *x«iv avfyofiao/ff* icai oIk. 

tione vel diaconatus, vel presbyterii, v^v<mi<ra» r^v Avc^r, le. r. X. 
v*l episcopatus, mortali crimine dix- 20 Ep. 105. p. 397. (p. 240 b. i^) 

«itnt esse pollutos, a supradictis or- Ol<r6a d* Sri irol^iL {fnkoo'o^ia rdU 

dinationibut esse subroovendos, reos OpvXkovfutfois rovrcHr din^durraTTtrcu 

scilkti vd reri confessione, vel men- b^fiaaw oftcXci r^y V^x^'' <>^'f «f *- 



IS- Jixith and morals, S7 

liB brother Euq)tiiis : ' You know/ says he, ' that philosophy 
teaches the contrary to many of those generally received doc- 
trines. Therefore I cannot persuade myself that the soul is 
postnate to the body ; I cannot say that the world and all its 
parts shall be dissolved; I look upon the resurrection to be 
Up6v rt Kci iit6pfnfroVy a sort of mystical and ineffable thing^ 

and am £eu* from assenting to the vulgar opinions about it 

And now being called to the priesthood, I would not dissemble 
ihese things, but testify them both before God and man.' This 
asseveration seems too solemn and serious to be the speech of 
one who was only acting a part, and dissembling his opinion ; 
and iherefore it is more probable that he was in earnest, as 
Lucas Holstenius^> more fully shews in a peculiar Dissertation 
upon this subject against Baronius. Valesius^^, to vindicate 
Theophilus, says Synesius altered his opinions before he was 
ordained ; but that is more than can be proved. The best ac- 
count of the thing is that which is given by Holstenius, ' that 
H was the man's admirable virtues, and excellent qualifications 
in other respects, and a great want of fit men in those difficult 
times, that encouraged Theophilus to ordain him, in hopes that 
God would enlighten his mind, and not suffer so excellent a 
person long to labour under such errors in religion.' But the 
fairest colours that can be put upon it will hardly justify a fact 
80 contrarv to the rules of the Church. The instance was sin- 



irorc (r^/iOTOff vtmpoytvrj pofii' habuisse, jure merito credas, &c. 

(for r&F K^afuv ol <fni<r» ical r SkXa ^ Not. in Evaffr. I. i. c. 15. 

lufttf mrv^um^BtiptirBai' r^v xaBiofu- (ibid. n. 3.) Baronius 

)aiiUwtf9 avaaratrw Up6v rt xal andp- cuDcta ilia . . . Don serio dici censet, 

ptyror ^yriitaif Koi froXXov dcco rais sed ficte atque simulate, ut episco- 

fvv wXnOovs vKokfp^o'uf 6fio\oyrjo'm patus onus aeclinaret. Verum banc 

,,KaXov§itpos{d.'j,) ^ tUltpwrvvrfv, baronii sententiam merito impro- 

o&r a(iA KpwnroUUrBtu d6yfiaTa' bavit Petavius. Multo enim verisi- 

ravm Otbvf ravra avBp^ovi fiap' milius esse dicit, Synesium hsec ad 

rMMfMu. fratrem suum scripsisse, sicut tunc 

^' Dissert. 3. de Synes. ap. Vales, sentiebat. Postea vero a Theophilo 

ad calc. Tbeodor. Lect. (v. 3. p. 61^. aut aliis sacerdotibus edoctum, an- 

5a.) Ipsa Synesii verba adeo qm- tequam episcopus fieret, veram de 

aem parspicua sunt, adeo certa et resurrectione sententiam amplexum 

mamfesta, ut qua ratione in dubium esse. — Petav. Vit. Synes. p. 4. (No- 

VDcari possint, plane non videam. tar. ad calc. Oper. p. 4.) . . . Multo 

Cantestationes vero adeo Sanctis ac verisimilius est, hoc ilium initio ita, 

idii^MMia verbis sunt concepts, ut ut in animo habebat, adseverasse; 

qm iia Indere, aut eludere afios vo* ac paullo post ab Theophilo, aliisve 

loerity earn et consdentiam fidem- doctis viris persuasum veritati ces- 

qne proffipwse, et veritatem, De- sisse, antequam episcopus fieret. 
UBiqiie ventatis pnesidem ludibrio 



38 



Qualifications fwr ordination : 



IV, 



A strict ia. 
qoirj made 
into the 



gular, and never made a precedent, or drawn into imitatioh; 
the general practice of the Church being, as has been shewed, 
to examine men's orthodoxy, and require their assent and sub- 
scriptions to the rule of faith before their ordination. 

4. Their next inquiry was into the morals of the person to 
be ordained; and here the examination was very strict and 
morals of accurate. For then the custom was generally to ordain such 

such as . 

wore to be only as were known to all the people, and of whose life and 
"'^^'•^ character they were satisfied, and could bear testimony to 
them. * The bishops and presbyters who preside over us,' says 
TertuUian*^^, 'are advanced to that honour only by public tes- 
timony.' * The law is,' says Cyprian^'*, * to choose bishops in 
the presence of the people, who have perfect knowledge of 
every man*s life, and are acquainted with the tenour of thdr 
actions by their conversation.' 
For which 5. Upon wlii(;h account the laws forbad the ordination of 
strang4*j' to Htrangcrs in any Church to which they did not belong. Op- 
beonlainod tatuH-'^ makcH it an objection against the Donatists, that in the 
ChuJth. Komaii SCO thoy never had a bishop who was a citizen of Ilome^ 
but still their succession in that city was supplied by Africans 
and strangers. Whereas, on the contrary, he challenges^* 
them to show, when ever the Church at any time brought a 
Frenchman or a Spaniard into Afric, or ordained a stranger 
to a people that knew notliing of him. In the Civil Law we 
have a constitution of Honorius'-7, the emperor, to this pur- 
pose, * that no clerks should be ordained out of any other 
possession or village, but only that where their church was.' 
Or if any one thinks that decree was made rather for reasons 
of state, he may read the same in the canons of the Church ; 
as in the Council of Eliberis^^^ which decrees, *that no stranger 



2» Apol. c. 30. (p. 31 a.) Prapsi- 
dent [apud nosj probati quique se- 
niores, honorem istum non pretio, 
•ed testimonio adepti. 

24 Ep. 68. [al. 67.] p. 172. (p. 
^89.) EpiBCopus deligatur plebe prae- 
Bcnte, qu« singulorum vitam ple- 
nissime novit, et uniuscujusque ac- 
tum dc ejus conversatione perspexit. 

2» L. a. p. 48. (p. 38.) ^«id est 
hoc, quod pars vcstra in urbe Romae 
episcopum civem habere non potuit ? 
Uuid est quod toll Afri et peregrini 



in ilia civitate sibi successisse nos* 
cuntur. 

^ Ibid. p. 51. (p. 43.) Numquid 
nos adduximus Hispanum et [al. 
aut] Galium ? Aut nos ordinavimus 
ignorantibus pereghnum ? 

27 Vid. Cod.Theod. I.16. tit. 2. de 
Episcopis, leg. 33. (t. 6. p. 70.) . . . 
Clerici, non ex alia possessione vel 
vico, sed ex eo ubi ecclesiam esse 
constiterit, ordinentur. 

28 C. 24. (t. I. p. 973 d.) OroneSf 
qui peregre fuerint baptizati^ eo 



'4> 5> ^' /aith and morals. S9 

baptued in a foreign country Bhould be ordained out of the 
prorince where he was baptized, because his life and con- 
Tersation conld not bo known.' And this rule was geno- 
hilly observed, except in some extraordinary cases, when 
either public fame had made a man eminent and notod over 
all the world, or there were some particular reasons for going 
againat the rule, of which I have given an account in an- 
other place**. 

6. The strictness of this examination as to men's morals will Nor anj 
appear fiirther from this, — that the commission of any scan- ^ Jo„ 
dalous crime, for which a man was obliged to do penance in pnliliei*- 
the chiurch, did for ever after, according to the rules and dis- theChorch. 
dpline of those times, render tliat person irregular and inca- 
pable of holy orders. For though thoy granted pardon and 
abeolntion and lay-communion to all offenders that submitted 
to the discipline of public penance, yet they thought it not 
proper to admit such to clerical dignities, but excluded them 
from the orders and promotions of the Church. At least it was 
thos in most of the Western Churches in the fourth and fifth 
centuries, as appears from the Latin writers of those i^es. 
Tho Epistles of Siricius and Innocent shew it to have been the 
practiGe of the Roman Church in their timo. For Siricius 
says^ ' no layman, after public penance and reconciliation, 
was ta be admitted to the honour of the clergy : because 
though they were cleansed from tho contagion of all their sins, 
yet they ought not to touch the instruments of the sanctuary, 
who themselves before had been the instruments and vessels of 
sin.' The letters of Innocent^' are to the some purpose. And 
so for the French Churches we have the testimony of Genna- 
dius^i, and the second Council of Arlcs^^, and Agde'^ ; and for 

quod eomro miniroe sit cognita vita, ^< Ep. 21. c. 3. (CC. ibid. p. 

placult, ad clerum uon esM pTomo* 1374 a.) Ubi pcenitentiie reme- 

vendoa in alienis provinciia. dium Deceaaarium eat, illic oidiDa- 

■ ^Seeb.a. cb.io. a.3. v.i.p. t35. tioniB honorem locum habere Don 

"> Ep. i.ad Himer.Tairacon.c.T^. poaae decemimuH. 

(CC. t. a, p. loaa a.) Post pcenitu- ^ De Ecclea, Dogntat. c. 7a. [«1, 

dinem ac reconciliationem nuUi un- 3g.](int.Oper. AuEUSt. t.8. append. 

qaara laico liceat honorem dericatus p. 79c,)Marilum duariim post bap- 

■dipiici: quia quamvia aint omnium tiamura matronarum clericum non 

peo»tonua contagione niundati, ordinandum neque eum, qui 

nulla tamen debent gerendorum sa- publica pcenitentia roortalia crimina 

cnunentorum iastrumenta auscipeie, deflet. 

t]m dudum fuerint vaaa i-itiorum. ^ C. 15. (1. 4. p. 1014 a.) Hi, qui 



40 



Qiialijicat ions for ordination : 



IV. 



the Spanish Churches, a canon of the first Council of Toledo ^s, 
which allows not penitents to be ordained, except in case of 
necessity, and then only to the offices of the inferior orders, 
door-keepers, and readers. The practice of the African 
Churches is evident from the fourth Council of Carthage^^, 
which decrees, ' that no penitent should be ordained, though 
he was a good man at the present : and if any such was or- 
dained by the bishop's ignorance, not knowing his character, 
he should be deposed, because he did not declare that he had 
been a penitent at the time of his ordination.' By this we may 
understand what Optatus means, when, speaking of the Dona- 
tists, who made some of the Catholic children do public pe- 
nance in the Church, he says 'they thereby gave them a 
wound, which was intended ^7 to cut them off from the benefit 
of ordination;' plainly referring to this rule in the Church, 
that he who had done public penance was thereby made inca- 
pable of ordination; which seems also to be St. Austin's mean- 
ing, when, speaking of a Christian astrologer, who had done 
penance for his fault, he says^^ ' his conversion perhaps might 



post sanctam religionis professio- 
nem apostatant et ad sseculum re- 
deunt et postmodum pcenitentiae re- 
media non rec^uiruDt, sine poeni- 
tentia communionem penitus non 
accipiant, quos etiam jubemus ad 
clericatus oificium non admitti. 

34 C. 43. (ibid. p. 1390 d.) De 
poenitentibuB id placuit observare, 
quod sancti patres nostri synodali 
sententia censuerunt, ut nullus de 
his clericus ordinetur, 8cc, 

^ C. 2. (t. a. p. 1223 e.) Pceni- 
tentes non admittantor ad clerum, 
nisi tantum necessitas aut usus exe- 
gerit, et tunc inter ostiarios depu- 
tentur, vel inter lectores. [Laobe 
reads this canon in the singular 
number, — Placuit ut de pcenitente 
non admittatur, &c. Ed.] 

3« C. 68. (ibid. p. 1205 c.) Ex 
poenitentibus, quam\is sit bonus, cle- 
, ricus non ordinetur. Si per igno- 
rantiam episcopi factum tuerit, de- 
ponatur a clero, quia se ordinationis 
tempore non prodidit fuisse poeni- 
tentem. 

37 L. 2. p. 59. (p. 515.) Invenistis 
pueros, de poenitentia sauciastis, ne 



aliqui ordinari potuissent. 

^ Append. Efnarrat. Ps. 61. puxt. 
Ed. Pans. 1637.] .... Posset videriy 
quia sic conversus est, clericatum 
miserere in eccltsia? &c. [juxt. Ed. 

Bened. (t. 4. p. 605 f.) Possel 

videri, quia si conversus esset, cleri- 
catum qusereret in ecclesia? Poenitens 
est; non quierit nisi solam misericor- 
diam. — Ep. 50. [al. 185.] ad Boni£eic. 
(t. 2. p. 660 e.) Si ergo, in(|uiunt, 
oportet ut nos extra ecclesiam et 
adversus ecclesiam fuisse poeniteat» 
ut salvi esse possimus; quomodo 
post istam poenitentiam apud vos 
clerici, vel etiam episcopi perma- 
nemus? Hoc non fieret, auoniam 
revera, quod fatendum est, neri non 

deberet, &c Ut enim (ibid. g. 

et p. 661.) constitueretiu* in ecclesia, 
ne quisquam post alicujus criminis 
poenitentiam clericatum accipiat, vel 
ad clericatum redeat, vel in cleri- 
catu maneat; non desperatione in- 
dul^ntise, sed rigore factum est 
disciplinse . . . Sed ne forsitan, etiam 
detectis criminibus, spe honoris ec- 
clesiastici, animus intumescens su- 
perbe ageret poenitentiam, severis- 



\S,J. JaUh and morals. 41 

make some think he intended to get an office among the clergy 
of the Church : but no,' says he, ' he is a penitent ; be Beeks 
BOthiog more but only a pardon and abeolution :' meaning, 
that a penon in his circnmstBDces could not pretend to sue for 
orders by the rules and canons of the Church. But wo are to 
note, that this is always to be understood of public penance, 
not of private ; for the Council of Girone or Gerunda^^ in Ca- 
talonia expressly makes this distinction between pubUc pcnanco 
in the church, and private penance in time of sickness; making 
the one to incapacitate men from taking orders, but not the 
other. And in all other canons, where this distinction is not 
expressed, it is always to be understood. For it was only that 
penance which left some public mark of disgrace upon men, 
which unqualified them for the orders of the Church. Bat 
this rule might be dispensed with in extraordinary cases ; and 
there are some learned men, who think it was not so generally 
infflsted on in the three first ages of the Church : [but Origen^o 
^leaks of it as the rule of the Church in his time.] 

7. As to particular ciimes, there were a great many that un- No mnr- 
qnalified men, whether they had done public penance for them o^j^"** 
or not ; such as the three great crimes of murder, adultery, nor ■dnl- 
and Spring in time of persecution. Tho Council of Toledo*' Ji^uiaT 
sets murder in tho front of those sins wliich exclude men from jwl i^ptcd 
holy orders. The crimes of fornication and adultery are noted penecn- 
npon the same account by those called the Apostolical Canons", *"•"■ 
the Counril of Neo-Ciesarea*'', the Council of Nice'*, Eliberis''*, 

■me placoit, at post actani de cri- Pceniteute vero dinmiu de eo qiii 

mine damnabili pceoileDtiam, nemo poat baptUmuin, aut pro bomi- 

nl dnkoa, nt dKtperatione tempo- cidio, aut pro diveraiB criminibus, 

nlis altitndiDiB medidnA major et graviasimiBque peccatia pubJicam 

Terior CHct humilitati*. pcenitentiam gerena, Bub cilicio [aJ. 

** Anno 517. £.9.(1.4. p. 1569H.) coDcilio] diviao fuerit reconciliatua 

Qui jq^iitiuiDia Iw^uore aepressuB, altario. 

ptnuientiae beoedictioDem, quam ^i c. 60 al. 61. (Cotel. [c. 53.] y. 

TMticum deputanius, per commu- i. p. 445) ^ nt Kanryopia yimpvA 

nionem acceperit; et poatmodum tarit frio-rou iro^wioi, f iioij^tait, 9 

tcnnivaleBceiia caput panitentiie in oXXijc nvic ain)yoprvitirt}t irpa^uc, 

eccleeia publice noo subdiderit ; ai xal iXtyx^'k' *'< (X^pov fii} ayitrOu 



prohibitis vitiU non detinetur ob- [al. npoayiirSa.'] 

Doxina, admittatur ad clenim. *^ C. 9. [t. i, p. i^8i e.] nprirfii- 

'*" [CoDt. Cels. 1. 3. p. 143. See Tipoc, i^ wpofnapi^tin (rw/utri n-po- 

I latter pait of a. 47, following. axOp Kal 6iio\oy^irB, Sti tj/ioprt vpi 

I.] rift x'ipOT0iitat,u^ irp(nnl)tprna,furtni 

"Tolet.I. C. 3. (t. a. p. 1133 e.) AraicXouroiiiOiarfrSiXiivinrDuO^, 



42 Qualifications for ordination : IV. 

and several others. Nay, the Council of Neo-Caesarea goes a 
little further, and decrees ^^ *that if any man's wife committed 
adultery whilst he was a layman, he should not be admitted ta 
any. ecclesiastical function ; or if she committed adultery when 
he was in office, he must give her a bill of divorce and put her 
away, otherwise be degraded from his office.* As to the crime 
of lapsing and sacrificing in time of persecution, Origen*7 as- 
sures us it wafl the custom of the Church in his time to exclude 
such as were guilty of it from all ecclesiastical power and go- 
vernment. And Athanasius*^ says the same, 'that they were 
allowed the privilege of repentance, but not to have any place 
among the clergy.' Or if any were ignorantly ordained, they 
were to be deposed as soon as they were discovered, by a rule 
of the great Council of Nice ^^ Which was no new rule, but 
the ancient rule of the whole Catholic Church : for Cyprian ^^ 
says *it was agreed upon at Rome, and in Afric, and by the 

le.T.X. — C. lO. (ibid. d.)'Ofiot<0ff 6 dta- (ofuvov vfKpovs avrovs yryoveVcu' o5» 

Kovos, iav iv r^ avr^ afiafynjfiaTi frcpt- toi dc as djroXteik6Tas kcu reBvrfKSrag 

7r€<nj, Trfv tov vmjpcrov rd^uf ixirto. ry 0€^ rovs vn atrtkytiat ri rwo£ 

^ C. a. (t. 2. p. 29 c.) Ec, frpdidu- Mfirov vtvucrnuvovs, ox vtKpovs irci^ 

roff TOV xp6vov, yi;;(t«cuy rt afidpTrffui Oova-i' Koi as cV vtKpStv aiKurravTaSy 

tvptOfi irtpl rh fTpoa-cmov, Kal cXry- cay d^iSKoyov ivbti^avrai fura^Xilv, 

^oiTo V7r6 dvQ> 9 rpiSiv fiaprvpaVf irt- XP^^V ^^^^^*- ^^^ f^^"*^ ap\<tLS cicroyo- 

iravaOto 6 roiovros tov KKrjpov, pifvtov vaT€p6v iroT€ irpoaUvTcu €is ou- 

4^ C. 30. (t. I. p. 974 a.) Subdia- b€pMiv dpxffv koi irpoarao'iav ttjs Xc- 

conos eos ordinaii non debere, qui yofuvijs tKKXrfo'ias tov Ocov K€n'ak€* 

in adolescentia sua fuerint mcechati; yovTts tovs <f)Odaa»Tas, firrd t6 irpocr- 

eo quod postmodum, per surreptio- tXrjkvBfVM r^ Xdv^, iirrcuKtvo^, 
nem, ad Edtiorem gradum promove- ^ £p. ad Runnian. (t. i. part. a. 

antur: vel si qui sunt in prseteritum p. 768 e.) . . Kal ^pco-cv Sn^p ^dc mlX 

ordinaii, amoveantur. iravTaxov, &aTf toIs fifv xaraTrcYrrtf- 

4*^ C. 8. (ibid. p. 1 48 1 d.) FumJ rt- K6(ri Koi irpoiaTOfAevois ttjs datfitias, 

pos fMixtvOflara \aucov Hvtos, €dv c- avyyivdnrKtiv fiev fieTOvoovtri, fi^ di« 

^O'X^ </>avrp«y, 6 toiovtos (Is vrrrj' Hovai dc aifTOis Tdirov Kkripov. 
pitriav fkOily ov livvaTcu, *Eav dt Kal 49 Q^ iq, (t. 2. p. 33 C.) "Oaxn 9rpo- 

ficra T^v ;(C(poTovtay fioix^v&ff, o0ci- (;((tp(o-^(rav Ta>v napandrTtoKdrap 

Xct dTroXvorcu airr^p' €ap dc <rvQ, ov KOTh aypoiav, fj koi 7rpo€id6Ttap Ttop 

dvpQTai ix^o^^M TTJS (yx(*'Pf'O'0(t<nfS Trpox^ipurc^iiPCdPt rovro ov irpoKpip€i 

avTa V7n]p€<rias, r^ K<tp6pi Ttf ffcxXi/o'iaoTifc^* yiMi>* 

^ Cont. Gels. 1. 3. p. 145. (t. i. aOtPTts ydp KaBcupovpTcu.. 
p. 481 d.) Oia d* (fTTip avTols dymy^ ^ Ep. 68. [al. 67.] p. 174. (p. 

Kal ntpl dfiapTopopTiap, Koi fsaXiora 290.) . . . Cum jampndem nobiscum, 

tiap dKokaaraipdpTtap, ots mrcXav- et dim omnibus episcopis in toto 

povai TOV Koipov oi Kord Tbp Kikovp mundo constitutis, etiam Cornelius, 

frapairX^o'ioi tois *p Tois dyopdls Ta collega noster . . decreverit, ejusmodi 

iiripprfTdTora (iriB€uepvfJi€Pois ; koi t6 homines ad poenitentiam quidem a* 

fi€P T&p HvBayoptiap (rcfipbp diKaaKd- gendam posse admitti ; ao ordina- 

\iop K€POTd<f}ia rcav djro<rrdpT«op ttjs tione autem cleri, atque sacerdotaU 

aif)&p <^iXo(rcK^iaf KaTttrictvaCf, Xoyt- hdnore prohiberi. 



faith arid morals. ^ 

bishops of the whole world, that such men might be admitted 
to repentance; but should be kept back from the ordinations of 
the clergy and the honour of the priesthood/ Upon this ac- 
count the Arians themselves, though they were not much given 
to act by rules, sometimes thought fit to deny men ordination ; 
as Athanasius^i and Socrates ^^ say they did by Asterius, the 
sophist, whom they would not ordain because he had sacrificed 
in time of persecution. But they were far from being constant 
to this rule: for if Philostorgius^^ gays true, the leading bi- 
shops of the Arian party, — Eusebius of Nicomedia, Maris of 
Chalcedon, Theognis of Nice, Leontius of Antioch, Antonius of 
Tarsus, Menophantus of Ephesus, Numenius, Eudoxius, Alexan- 
der, and Asterius of Cappadocia, — all sacrificed in the Diocle- 
tian persecution. But then it must be owned that some of 
these were ordained bishops in the Church before the Arian 
heresy began to appear : whence we must conclude, tliat either 
the bishops who ordained them knew nothing of their lapsing, 
or else that the Church herself sometimes granted dispensa- 
tions in this case also. Baronius^^ and some others lay it to 
the charge of Eusebius, the historian, that he sacrificed in 
time of persecution. Petavius^', and Huetius ^6, and Mr. Pagi *7, 

^i De Synod. Arim. et Seleuc. 1. 1. ego quidem oculum amisi pro veri- 

p. 88j. (t. I. )>art. 2. p. 5846. n. i8.) tate: tu vero nihil mutilatum in 

AoT-cpcoff dc Tis arro KamradoKias, corpore habere videris, neque testi- 

rokvKtifxikos a-txbtoTTit, tU tiv rmv monium propter confessionem tri- 

fnpi Ewr§^v, tirubfi Ovaas cV r^ buisti, sed stetisti vivens, nulla parte 

w(tmp€f duryfi^, r^ Karit t6v iroir- detmncata. Quomodo discessisti e 

wow KMvaravTiov, ovk ^dvvaro napii carcere ? nisi quod promisisti iis, qui 

avr^v tls isXrjpop frpoaxBfjfai, k,t.X, necessitatem nobis persecutionis in- 

** L. I. c. 36. (v. 2. p. 72. 13.) tulerunt, id quod nefarium est, te 

Zvi^y dc 6 'AoTcptoff (rw€)(S>s koi toIs facturum esse, aut sane fecisti ? 

ivuTKAirois, ToU fiakurra rffv *Ap«- ** Animadvers. in Kpiphan. Haer. 

mmtf d6(€Uf fATi dBtTovai' Kai d^ koI 64. n. 2. (P. 259.) Verisimile igitur 

«i£ ras avp6dovs cnr^inra, imodvvtu est Oriffenem, cum in Decii persecu- 

fuag iF6k€»s tnia-KOTrfip irpoBvuovfit-' tione adfecta jam aetate lapsus esset, 

9of aXX' itpwrvrris fUv ^oTtJ^'yo"** ^ti in Palajstinam recessisse, ac Tyri 

t6 iwtrt&vKiwu, Korh rhv di<ayfi6v, mortuum esse. 

*• L. 2. c. 14. (v. 3. p. 484. 22.). . . w Oriffenian. L i. c. 4. n. 4. (t. i. 

O^ Koi iWrjviaai ^<ri fvdSpras rfj p. 21.) Nicephorus, &c. 

Tm9 rvpawwv fi'iqr k. r. X. ^^ Crit. in Baron, an. 2^1. n. 6. 

M Anno 3^5. n. 8. (t. 3. p. 447 b.) (t. i . p. 239.) N^t Baronms, Ori- 

PotamoD.. .mvectus est voce roaffna genem in hac Decii persecutione 

contra Eusebium, et dixit: Tu sedes, lapsum, ejusque sententiam Valesius 

£uaebi, etAtbanasiusinnocensstans in Notis Eusebianis seciitus est. 

a te jodicator? Quia tulerit talia! Prseferenda tamen sententia Petavii 

Die mihi tu : nonne mecum fuisti in in Animadversionibus ad Epipha- 

carcexB tempore persecutionis ? Et nium, Heeresi 64. c. 3, et ad Labrum 



/ 



44 QucUiJicatianaJbr ordination : TV, i 

bring the same charge against Origen out of EpiphaniuB, the 
first reporter of the story; whilst Valesius^^ and du Pin ^9 un. 
dertake to vindicate the reputation of Origen from so foul an 
aspersion. And Hanckius^ and Dr. Cave^^ do the same for 
Eusebius. I will not interpose in these controversies, but only 
observe, that if the accusations brought against those two per^ 
sons were true, the consequence must be, either that persons 
who had lapsed might be ordained, or at least continue in their 
orders undeposed, when the Church saw fit to dispense with 
her ordinary rule ; which probably was not so strict, but that 

cjusdem de Ponderibos et Mensuris que ennemi d'Oiu^nes, qui a tromp^ 

e. i8, atque Huetii 1. i. Ori^^enia- Saint Epiphaoe nomme asses cr^ 

norum, c.4, sancto Epiphanio id as- dule. 

serenti fidem adhibendam censen- ^ De Scriptor. Byzant. part. i. 

timn. Hsec Epiphanii verba: Ob c. i. n. 158. (p. 73.) Sed crimen il- 

eximiam sanctitatem et erudUionem lud, quod ab inimicis Eusebio per 

summam in invidiam est adductus, altercationes objectum quidem, cu- 

&c. Quae verba licet ab aliquo Ori- jus autem convictas non fuit, in da« 

geniani nominis boste in Epipbanii bium merito venit. Quin, cum cre- 

textum intnisa dicat Baronius, ta- dibile non sit, Eusebio si gentilium 

men vel ipsa styli similitude, ut in- diis sacrificasset, per istius rei con- 

3uit Petavius, satis Epipbanio adju- scios Ciesariensem episcopatum po- 

icat. Facti illius etiam meminerunt ea vel collatum vel permissum fu« 

Nemesius, c. 20, Leontius Byzan- isse; potius vero simile, quoniam 

tius, et Justinianus imperator ad- Eusebius ex carcere salvus emissus 

versus Origenis errores, qui a Syn- erat, alios ea gratia non dimissos, 

odo Quinta probatus est. Et pro- suspicionis materiam consecutos, il- 

fecto incredibile videtur, hunc impe- lum non sine culpa, vel sacrifican- 

ratorem in Encyclica Epistola ad uni- tis, vel sacrificatun, custodia digres- 

versos episcopos destinata, quse in sum : cum tamen ex ea potuerit alio 

Concilii Quinti Acta refertur, vel qui modo liberari. 
nomine ejus eamdem scripsit, men- ^^ Hist. Liter, (v. i. p. 128.) Hinc 

dacium re nulla postulante con- postea nata adversariis ejus calumni- 

iictum, patribus in os objecisse viris audi materie, ipsum nempe carceri 

non illiteratis, et rei inauditse novi- inclusum idolis immolasse. Objece* 

tatem procul dubio miraturis, ejus- runt id ei, anno ^35, synodo lyriss 

que falsitatem facile perspecturis. inter alios praesidenti confessorea 

^ Not. in Euseb. 1. 6. c. 39. (v. i. Mgypiu, et in bis prsecipue Potamo 

p. ^02. 2.) . . . De iEtbiope adversus episcopus Heracliensis. Verum si 

Ongenem subomato, et de abnegata accusasse sufficiat, ouis erit inno- 

fide, nihil bic dicit Eusebius : s^ et cens? Odio et livore aucti tela in U- 

Baronius cuncta hsec fabulosa esse lum undique arripiebant : neoue ul- 

merito censuit. Nemesius tamen, in lum hac in re testem projferunty 

libro de Natura Hominis, c. 30, nar- praeter levem quemdam rumuscu- 

rationem illam Epiphanii confirmat. lum, seu rumoris potius suspicio- 

^^ Bibliotheque, 1. 1. p. 444. (t. i. nem, quod nee ipse diffitetur Pota- 

p. T46. note n.) Saint Epiphane Pac- mo, nulla alia ex causa ortum, quam 

cuse de s'estre approch^ des autels, quod Eusebius ex carcere salvus et 

et d'avoir fait semblant d'ofirir de illaraus evaserat. Quid? quod si 

I'encens aux dieux ; mais cette his- immolasset, ex rigida istius tempo- 

tdre, et presque tout ce aue Saint ris disdplina, omni clerical! gndu 

Epiphane rapport d'Origlnes, est excidisset, certe ad superiorem ordi- 

labiueux, et tait k plainr par quel- nem neutiquam promovendus. 



if 9* faith and morals. 46 

it might admit of some relaxation, when proper occasions and 
extraordinary seemed to require it. 



8. Another crime, which unqualified men for orders in those No usurer 
times, was sedition or rebellion; for he that stood convicted of penon. 
treasonable practices was never to be ordained. This appears 

fix>m the fourth Council of Carthage ^^, which joins the sedi- 
tious and usurers together, and excludes them both from ordi- 
nation. As to the crime of usury, I shall not here stand to ex- 
plain the nature of it, which will be done in a more convenient 
place <^, but only observe that this crime, in the sense in which 
the ancients condemned it, was of such an odious and scandal- 
ous nature, as to debar men that had been guilty of it from 
the honour and privilege of ordination. Whence Gennadius, 
speaking of the practice of the Latin Church and the qualifica- 
tions required in persons to be ordained, says^, *they must not 
be men convicted of taking usury.' In the Greek Church, at 
least in the province of Cappadocia, the rule seems not to have 
been altogether so strict ; for St. Basil's Canons ^^ do not abso- 
lutely exclude such from the ministry, but allow them to be 
ordained, * provided they first gave away to the poor what they 
had gained by usury, and promised not to exercise it for the 
future.' 

9. Another crime, which made a man irregular and de- Nor one 
barred him from the privilege of ordination, was the disfigur- yoiimtarilj 
ing or dismembering of his awn body. If any man indeed J^™f ™: 
happened to be bom an eunuch, there was no law against his own body. 
ordination: for Eusebius says^ Dorotheus, presbyter of An- 

tioch, was an eunuch from his mother's womb. And Socrates ^7 
and Sozomen^® say of Tigris, presbyter of Constantinople, that 

^ C. 67. (t. a. p. 1305 c.) Seditio- coriv tls Upwrinnjv, 

nirios nunqnam ordinandoA clericos, ^L. 7. 0.33. (v. 3. p. 366. 18.) 

ncot nee UBurarios. *Hv d* ovror tcdv fuiXurra cXcv^cpiW 

^ B. 6. C. 3. 8. 6. .... n)v (fnvtriv dc cCXXair tyvov-jfos, 

^ De Ecdes. Dogmat. c. 73. [al. ovro» frc^vjccbr c( avrr^s y€V(at»s' 

39.] ^t. oper. August, t. 8. append, k. r. X. 

p. 79 d.) . . . . Neque ilium, qui usu- ^ L. 6. c. 15. (v. 3. p. ^3. 9.) *£- 

ns accepiase convincitar. xcXcvov dc irap€ipcu fya avr^ Scpoir/- 

^ C. 14. ap. Bevereg. Pand. t. 3. mmx, koL Tlypiy tvvwxov frpco'/Sm- 

p. 71* (CC. t. 3. p. 1739 a.) *0 rd- pop, Koi JJavkov avayimimjv, 

Hovt Xafjtfi6ptMff ihf KarM^rjTM t6 ^ L.8. c. 34. (ibid, p.357. i8.)*£y 

iduBow Ktpdos €ls irrtt^ovr dvakoHrai, r^ T6r€ Koip^ koi Tiypios 7rpc(r/3vrc- 

Kok rev Xonrov, rov yoo^fuiror rrfs pos fijs itrGrfros yv/iVflD^cir, Koi Kara 

^iXox/Mf/MiWaf diraKkayfjvat' d€Kr6s pwrov ixaartyt^U, «r<(daff Koi x^^P^ 



46 Qiialifications for ordination : IV, 

he was made an eunuch by a barbarian master. Or if a man 
had suffered the loss of any member by the cruelty of the per- 
secutors, as many confessors in the Diocletian p^^ecution had 
their right eyes bored out and their left legs enfeebled, in that 
case there was no prohibition of their ordination, except they 
were utterly incapacitated from doing the office of ministers, by 
being made blind or deaf or dumb. For so those called the 
ApostoUcal Canons^ determined: 'A man that hath lost an 
eye, or is maimed in his leg, may be ordained bishop, if he be 
otherwise worthy. For it is not any imperfection of body that 
defiles a man, but the pollution of his soul. Tet if a man is deaf 
or blind, he shall not be made bishop ; not because he is pol- 
luted, but because he will not be able to perform the duties of 
his function.' The Council of Nice adds a third case, in which 
it was lawful to ordain dismembered persons ; which was, when 
in case of a mortal distemper the physicians thought it neces- 
sary to cut off one limb of the body to save the whole. All 
these were excepted cases, and the prohibition of the canons 
did not extend to them ; but the crime was when * any one dis- 
membered himself in health,' as the Niccne canon 7o words it: 
such an one was not to be ordained ; or if he was ordained, 
when he committed the fact he was to be deposed. The Aposto- 
lical Canons 7 1 give this reason for it: 'because such an one is 
in effect a self-murderer, and an enemy of the workmanship of 
God.' Nor was it any excuse in this case, that a man made 
himself an eimuch out of a pretended piety, or to avoid forni- 
cation. For such were liable to the penalty of the canon, as 

. btbffupos diaraOfls, dicXv^ to. fyOpa' rm icX^p^' el dc ris vyiaiv<av iavr^v 

iyivtTo dc o{lrof ^ap^apos t6 ytvos, c^cVf/ic, rovrov Ka\ iv r^ KKrjpip c*^- 

ovK €K y€veTTJs cvvot);(0(* ic. r. X. raC6fi€Vov imrava'Bai irpoarjKfi' Koi cVe 

^ Cc. 76, 77« (Cotel. [c. 69.] V. Tov ^vpo paibtva rmv TotovT€av xpl^vai 

I. p. 447.) E? riff avamjpos fj t6v npoayfaSm' Sanrep dc roOro tt/m^- 

6i<f>6dkphv, ^ rh (TKtKoi ir€irXrjyp.€vof, Xov, or* trfol t«v tniTTjdevovrc^v t6 

Siios df (OTiv, €iria-KOtros ytvitrBa' irpayfia, Koi roXfuuyro>v cavrovr cic- 

ov yap XcD^Ti aaupjartov avrov fuatvrt, . rcfivciy, tiprjTM' ovTOt>s ci rtvcr vk6 

ciXXa ^fvx^s po\v<rp6£. — Kiad>6s dc PapffdpcDV 17 dccnrorttv tyvovxitrOria'ay, 

iip Koi TtkpiKhs, fi^ yiv€(r6a eniaKo- (vpltrKoivro di aXX<»r a^ioi, rovv toa- 

wos' ovx ios p€fucurii€vos, [a\, /3c- ovrovs tls Kktjpop irpotrUrai 6 kqm^v* 
pXafifuvoe,'] aXX* iva fArj ra cjcicXiyo-t- 71 C. 21. (Cotel. [c. 17.] v. I. p. 

aarTiKh irap€fi7rolii(oiTo. 440.) . . . *0 cucp^rrfpida'as iavrov, fir^ 

7^ C. I. (t. 3. p. 28 e.) £( rti iv yiv€a0<o kKtipik6s' avTo^vrrjv [al. 

vocri^ V7r6 larpStv 9\(Hp€vpyiiBf\, $ \mh avrcn^ovtvrrrfi] yap €ariv [iavrov] Koi 

fiap^p»v t^€Tfi^0ijf o^roff fxcvcro) cV rtji tov Scot; drjfuovpyias €\6p6i. 



faith and nioraU. 47 

well aa any odiers: which is noted by Gcnnadiiu'^ and the 
Conocil of Aries'". And indeed the first reason of making the 
cuion was to prevent that mistaken no^on of piety which had 
once possessed Origen'*; who, taking those words of our Savi- 
our, " there are some that make themselves eunuchs for tho 
kingdom of heaven's sake," in a wrong sense, fulfilled them U- 
terally upon himself. And the Valesian heretics carried the 
matter a Uttle further, asserting that men ought to serve God 
After that manner ; and tlierefore they both made tlicmsclves 
eunuchs, and all that came over to them, as St. Austin''^ in- 
forms us. It waa to correct and discountenance these erroneoos 
.opinions and practices that the Church at first made this rule ; 
which was so nicely observed, that wo scarce meet with two in- 
stances to the contrary in afterages. Lcontius made himself 
an eunuch to avoid suspicion in hia converse with the virgin 
Eustolium : hut he was deposed from the otHce of presbyter for 
the (act, and it gave occasion to the Council of Nice to renew 
the ancient canon against such practices; so that when the 
Arians afterward ordained him bishop of Antiocb, the histo- 
lians'^ tell us, the Catholics generally declaimed against his 

^ De Ecdea. Dogmat. e. 73. [al. X^c viT6rouiy otroxXd'crfit, r^f oBrrq' 

39.] (int. Opcr, August, t. 8. ap-s pior iparAii ipyoK tniTiXiaaiiipiififft], 

pead. p. 79 C.J. ..Neque eum [oral- h.t. \. — Epipnan. Hxi. 64. Orlgen. 

Undum] qui Mmetipaum quolibet n, ill. (t. I. p. 537 a.) 4>acrl ti ml 

craporia ani membro, indiguatioDe ravrov rdv 'Ooiytvijr riritvi«i)KiM» >- 

*£qua vel juBto injuBtove timore bu- avr^ mra ro maiiaTiov ol fiif X<- 

pnatus, truncaverit. yovm itvpotr mroririiiiiiit'ai bia r& 11^ 

^ Arelat. 3. c. 7. (t. 4. p. 1012 b.) i;Aov^ oj^furSai, n^ii tr rah kot^- 

HoH, qui se, camali vitio repugnare <rtai rait (ru/ioriiraTf t(i\iytir6ai ri 

Dcacientea, abvciudunl, ad clerum nal nvpSoXitiriai' Sk\m H ovx' ii- 

ftTVtaize non poase. irtr, aXXa iwtvoqa-i ri ipapfiaKiiv iiri- 

'* Vid. Euaeb. 1. 6. c. 8. (v. i. p. Stiinai roit fiopimt, mi qjrofijpoMii. 

364. 33.) 'El- ravToi 3t T^! KOT^xi' ^^ O*^ Hierea. c. 37. (t. 8. p. 1 1 d.) 

atttt nrl r^r ' AXt^tiflptiat tolpyoii ValeBii et aeipBOn castrant, et hoapi- 

nrnXovrri, t^ 'Opiyivii wpaypa Ti tea BuoB, hoc modo eiiBtimantes Deo 

itamrparrai, ippnot ficr drtXout Ka\ Be debere servire. 

HPiu^i' iri(7T(^; yt p^y 6poii nai '* Socrat. 1. >, c, a6. (v, J. p. II9, 

- on^potrvvqc p^Jyarror iirypa Tttpt- aq.) .. .. titivrtot 6 ttis iv'hvriox^iq 

fviW T^ y^fii Euru' tinrovjfOi otruvr f icjcXi^iT'Laff rrtrf irporemfK^s' S^TTts ^- 

rSmijianiy iavrmn Sii njv (SuirtXtiav vtca itptap-irrtpot ^w, a^pt6t} nt 

ruw ovpcDvr, airXmiuTtpoa' xai huh- d^Lar, Sri yuKuicl awSi^ptptvtAty Ev* 

iti/npow (cXd^aw, 6pou fHV attrri- oroXif) Sropa, (al Tr)ii (If avr^n al- 

pumfuniir imtirKtfpomi Mpiirot' opoZ irxpi"' imoyoiaii intKpinfrai anmld- 

ti col 6ti rb rtof rfp- qXuuu> irra, <rar, rani ■yiyrjriKSii' i^iripir iavrm, 

fM^ MSpAvi p&ntw, Kol Twaif 1 JM ra Kai tdu Xoiirou nappr)uiiirnpor T^ 

0iut trpatrofuXru'' an flc naatxr T^v yvvoiicl auirii^yty, its plj tx"" St' ^ 

wapA tmt awiiTToic mirxpai Bio/3o- de aiir^ iitfiaXXtra' ififiij Si xai 



48 QualificaHoM/or crdinaUon : lY. 

ordination as uncanonicaL The only instance, that looks like a 
dispensation witii this rule, is what we have in Baronius oon- 
cerning Timotheus, bishop of Alexandria, ordaining Ammon, the 
Egyptian monk, who to avoid being ordained had cut off his 
own right ear, to make himself irregular ; notwithstanding 
which, Baronius 7 7 says, Timotheus ordidned him, and justified 
what he did with this expression : ' that this law indeed was 
observed by the Jews ; but, for his own part, if they brought 
to him a man without a nose, that was but of good morals, he 
would ordain him bishop.' But there is some reason to question 
the truth of this narration ; for not only Palladius, whom Ba- 
ronius cites, but Socrates*^ and Sozomen, in telling the story, 
seem rather to intimate that he was not ordained. However, 
supposing it to be true, it is a singular instance, and we shall 
liardly find such another in all the history of the Church: 
which shews how cautious the ancients were in observing this 
rule, that they might not bring any disrepute or scandal upon 
the Church. 
Men only 10. But in all these and the like cases there is one thing 
J^^*^^^® particularly to be observed, that the crimes, which made men 
oommitted irregular, were generally understood to be such only as were 
timn,uto committed after baptism. For all crimes committed before 
what con- baptism were supposed to be so purged away in the waters of 
nation. ' baptism, as that a perfect amnesty passed upon them, and men, 
notwitlistanding them, were capable of ordination. So that not 
only the crimes which men committed whilst they were hea- 
thens, but such as they fell into when they were catechumens, 
were overlooked in this inquiry, when their morals came to be 
examined for ordination. This is evident, not only from the 
known case of St. Austin, whose faults were never objected to 

(nrovd^^roO/Sao-iXcWKttycrraifrtovTnr A Judseis lex ista servatur. Ego ai 

h *Aimox(Uf tKicXna-iai irpot^riBri c- dedeiitia mihi aliquem etiam nari- 

wiaKOfrros fitrii Zrcc^Miyov, 6s UXokitov bus truncum, sed moribus probum, 

dccdcfCTo np&rtpop. — ^Theodor. 1. 2. c. non eum dubitabo episcopum h^ 

24' (v. 3. P; 105. ap.) *Ev 'Avrioxe/9 cere. 

di fura 2Ti<lxi»ov, os ^Xaturtov dio- 78 L.. ^. q, 23. (v. 2. p. 242. 6.) O^ 

^(dfitvos rSnf iiuckijo'uumK&v i^ij" ros 6 *Afi/Mbytor ds hruneonriv iXxA" 

\d$fi inf\k6yetp, Af6vTtos r^v frpo- ft€yos, k, r. X. — Conf. Sozom. 1. T . c. 

9hpia» cdc^oro, vofih rovs iv Nuca^i 14. (ibid. p. 29.) — Pallad. Hist. Lau- 

ypa<l>€VTas Spovs ravn/i^ Xo/SttV cicto- siac. c. 12. (ap. Bibl. Patr. Gr. Lat. 

fiias yap rju, avTOvpy6s ytv6iitPos ttjs t. 2. p. 914 b.) *0 *Ap,fL»vtos o^hros, 

T6kp,r}s. K. r. X. 
77 An. 385. n. 30. (t. 4. p. 523 d.) 



I II- faith and moraU. 49 

him at his onUmtdon, because they were only such as preceded 
bis baptism ; but also from the rule made in the Council of 
Ancyra, in the case of such as lapsed into idolatry whilst they 
were only catechumens. For tlie canon" says, ' that such as 
■acrificed before baptism, and were afterward baptized, might 
be promoted to ecclesiastical dignities, as persons that were 
cleansed from all crimes by the sanctificatioD of baptism.' It is 
true, that only one cnme of sacrificing is here specified ; but 
by parity of reason the rule must be understood to extend to 
■11 other cases of the hke nature ; and so the practice of the 
Cbnrch has commonly detennined. 

11. Tet here agun we must observe, that if any great iire- Eic<^t koj 
galaritf happened in men's baptism itself, such crimes were '^T^^T'' 
always objected ag^nat them, to debar them from ordination, happened 
Thus it was frequently with those who were baptized only with 1,",^^^ it. 
eA*nt« baptism in time of ucknesa or urgent necessity, when «eif- Aam 
Qif^ had carelessly deferred their baptism to such a critical di„jc bmp- 
tDoment, and might have had it sooner, had it not been their '"'"■ 
own default. This delaying of baptism was always esteemed a : 
Tery great crime, and worthy of somo ecclesiastical censure ; • 
and therefore the Church, among other methods which she 
took to discountenance the practice of it, thought fit to punish 
peraons who had been guilty of it, and had put thcmsclTos 
upon the fatal necessity of a clinic baptism, by denying them 
mdination. We have a canon ^^ in the Council of Noo-Ca?sarca 
to this purpose : ' If any man is baptized only in time of sick- 
nesB, he shall not be ordained a presbyter, because bis faith 
was not Toluntary, but as it were of constraint ; except his 
robsequent fMth and diligence recommend him, or else the 
scarcity of men make it ncces.sary to ordain him.' And that 
this was an old rule of the Church appears from the account 
whJch^Comelius'*' gives of the ordination of Xovatian to bo 

^ C. 13. (t. I. p. 1460 e.) Toil Tovra avrov <7Trov8qii ical irioru', ital 

VpA Tov ^BirnV/ioTaf rdhnjrai, noi ith rniamv avBpultar. 
pm nivnt ^oimtr^rrac, lio^tv its "' Ap. Euseb. I. 6. c. 43. (v. i. 

Tdftf wpoayiriiu, uc aTroXoucrafu- p. 314. 16.) *0c Siaictiikv6)Xtvos inri 

tent. iraurit tov xXtipov, dXXi iral Xoixuv 

<* C. 13. (ibid. p. 1483 b.) 'Eta- woXXair- rVfi fif) *ioy ^r rdr (iri nXl- 

Mffar nt tjntrurfig, ilt Tipttr^iTtpor mc 9id v6aoy ntpixvSfma, Snnrip tai 

JyvffAu ofi AvHmu' o£e (k irpoaxpt- ovror, tls xX^pov nm yfviaOat, tf^l' 

*■■(' yip 7 »f(JTir airou, aXX' t'f oat irvy)(apTi6rivai atir^ tovtov (uJ- J 

aifntf «I iiif rojfa 6ii rjr ftrri iioy ;if«poTot^(rat. "I 

anmBAM, vol. n. b 



50 Qualifications for ordifiation : IV. 

presbyter. He says the clergy and many of the people ob- 
jected against it, alleging that it was not lawful to ordain one 
who had been baptized upon his bed in time of sickness ; and 
that the bishop was forced to intercede with them to giye way 
to his ordination, as a matter of grace and favour; which 
shews that the ordination of such was contrary to the common 
rule and practice of the Church. 
And hereti- 12. In like manner they who were baptized by heretics were 
* not ordinarily allowed clerical promotion when they returned 
to the bosom of the Catholic Church. The Council of Eliberis®* 
is very peremptory in its decree ; * that, whatever heresy they 
came from, they should not be ordained ; or that, if any such 
were already ordained, they should be undoubtedly degraded*' 
Pope Innocent ^^ testifies for the same practice in the Roman 
Church, saying, * It is the custom of our Church to grant only 
lay-communion to those that return from heretics, by whom 
they were baptized, and not to admit any of them to the very 
lowest order of the clergy.' But it must be confessed, that the 
Council of Nice dispensed with the Novatians®* in this respect, 
allowing their clergy, though both baptized and ordained 
among them, to be received with imposition of hands, and 
retain their orders in the Church. And the African fathers 
granted the same indulgence to the Donatists, to encourage 
them to return to the unity of the Catholic Church. For in 
the Council of Carthage, anno 397, which is inserted into the 
African Code"^, a proposal was made, * that such as had been 
baptized among he Donatists in their infancy by their parents' 
fault, without their own knowledge and consent, should, upon 

® C. 51. (t. I. p. 976 b.) Ex noTf, irpoc€pxofi€v<ov di t§ loa^XiKJ 

omni hieresi qui ad nos fidelis ve- cVieXi/o'/g, too^ rj ayiq. koL fuydkjf 

r.eiit, [al. fidelis si venerit.] minime crwc^d^ Sore x^tpo^erovfi€i«ovff a^ 

est ad clerum promovendus. Vel rovr, fi€V€iv ovras iv r^ icXijpy . 

81 qui sunt in pneteritum ordinati, ^ C. 48. [al. 47.] (ibid. p. 1071 b.) 

sine dubio deponantur. ^Hpto-cv, ha (pforfitrmfuv rovt adeX- 

^ £p. 22. c. 4. (t. 2. p. 1274 b.) <l>oifs Koi ovtn€p€7s ^fi&y ^ipuaov koL 

Nostrse vero lex est eccIesisB, veni- ^ifnr\uuap6p irtpi fi6v»v r&v vrprUMf 

entibus ab hsereticis, qui tamen illic rmv vapa roU Aovariaraig /Soimfo- 

baptizati sint, per manus imposition fUvtav, firfmos royro, &trfp oocci^ irpo- 

nem laicam tantum tribuere com- ^cVci ovk tnoirja-av, r$ t&p yowttaw 

munionem, nee ex his aliquem in nXdvij tfurodiajf avrols np6s rb u^ 

clericatus honorem vel exiguum irpoK6irrftv th vrrovfyyiaw roO ayuw 

subro^re. OiMruumjpiov, orov np6£ r^ roO 

^ ^ C. 8. (ibid^ p. 32 e.) ILfpl rmv Qtov c/cxXi^o-iay o-o^n^pi^odci npoOtau 

ovofiaC6vT<aif fiiv iavrovs KoBapovs iinaTp€^ftwn. 



,2. faith and inaraU. 51 

th^ return to the Church, be allowed the privilege of ordina- 
tion;' and in the next Council ^^ the proposal was accepted, 
and a decree passed accordingly in favour of them. By which 
we may understand, that tins was a piece of discipline that 
might be insisted on or waived, according as Church-governors 
in prudence thought most for the benefit and advantage of the 
Church. But in case the persons so returning had been bap- 
tiied by such heretics, whose baptism was null, and to be re- 
iterated in the church ; — as the baptism of the Paulianists, or 
Samosatenian heretics, was ; — ^in that case, it was determined 
by the great Council of Nice ®7, that such persons, when they 
were rebaptized, might be ordained. For baptism, as has been 
noted before, set men clear of all crimes; and their former bap- 
tism being null, that was reckoned their only baptism which 
they received at their return to the Catholic Church ; and no 
crimes, committed before that, were then to prejudice their 
ordination in the Church. 

IS. I cannot here omit to mention another qualijication re- No man to 
quired of persons to be ordained, because it was of great use ^ho'j^^d*^ 
and service in the Church ; which was, that none should bo ad- not made 
mitted, at least to the superior degrees of bishops, presbyters, miiyCatho- 
or deacons, before they had made all the members of their lie Chri- 
family Catholic^Christians. This is a rule we find in the third 

•r 

Coundl of Carthage®**, which was equally designed to promote 
the conversion of pagans, Jews, heretics, and schismatics, who 
are all opposed to Catholic Christians. And it was a very 

^ C. 58. r&l- 57 •] (ibid. p. 1083 b.) /mmm, koi w avrj r^ Xpior^ frtorcv- 
*Emdi) cv Tji mfwrtptf, tnnf^^ SpurBw aavrti^ r^f Tpiddor rh ayidafiara 

xiof iort Tovs vaph, roU Aovarianus ^ C. 19. (ibid. p. 37 d.) Tltpi r&p 

lUKpovt fianrtCofupcvs, /ui^nn dwa- HavXiavuravrtop, €iTa irpoaxbvyoirrcup 

liivavt yumaKtuf r^s nkdmif avrw rj KoBciXiicj iKKkrifrUf,^ 6pos tKriBtircu, 

r&r Sk€upop, ftrrft r6 fh Ktipa» Xtryur^ dvafianTiCtaBm avrovt ^(arraPTOs' €l 

lioO d9KTUc^ irouNiyf yco^oi, cVrcyyo»- dt rivts iv tS iraptXrjkvBSTi yp^*^ ^^ 

oBtUnis r^s dkriu€ias, r^v (bavk&niTa rf irX^p^ c^ip'cicr^o'av, tl fitv Sfiefi" 

tKtump fi6t\vrroiUvav£ irpov r^y /ea- tttoa koi dvtniKrjirroi iJKivfUv, apa" 

Bokuc^ rov Bcov tmckijaUuf, r^w dvh fictirrurBivrts xtiporrovLtrOvxrav xmo 

vdpTa rh» Kda/top huutuxyf^v^yt rdfyi rov r^r KoBoKtKrit €KKXrf(rias ciri- 

oModtv^^KU, nvs Towvrovs ck tov ^ C. 18. (ibid. p. 1170 b.) Ut 

Tjff i&iiffs Miumt itff o^iXciy ifi- episcopi, presoyteri, et diaconi non 

wMCta6m tit T&(i9 i^pA<r€»s, 6w6' ordinentur, priusquam omnes, qui 

ror n)y akifSuffjiw €KKkfi<riaif /didy iav" sunt in domo eorum, Christianos 

ikayiawfTO rj nlarti wpoatpx^- catbolicos fecerint. 

£ 2 



52 Qualifications for ordination : TV 

proper rule in that case; since nothing could be more disadvan- 
tageous or dishonourable to religion than to have any coonte- 
nance or secret encouragement given to its opposers bjr those 
who were designed to serve at the altar. Besides that, this 
was but a proper way of making reprisals upon the heathen 
religion. For Julian had made a like decree for his pagan- 
priests, in opposition to the Christians'^, charging Arsacius, 
high-priest of Galatia, * that he should admit none to the 
priest's office who tolerated either servants, or children, or 
wives, that were GalilsBans ; and did not come with their whole 
family and retinue to the worship of the gods in the idol- 
temples.' It had been a great omission and oversight in the 
governors of the Christian Church had they not been as care- 
ful to secure the interest of the true religion in the families of 
their ministers as that pagan prince was to secure a false re- 
ligion among his idol-priests; and therefore had there been 
nothing more than emulation in the case, yet that had been a 
sufficient reason to have laid this injunction upon all the candi- 
dates of the Christian priesthood. 
What me- 14. There is but one qualijication more I shall mention under 
anciently this head, which was, that men should come honestly and le- 
taken to orally to their preferment, and use no indirect or sinister arts 

prevent si- ^ •^ *^ j. . . 

moniacal to procure themselves an ordination. Merit, and not bribery, 
promotions. ^^ ^ j^^ ^^^ advocate, and the only thing to be considered 

in all elections. In the three first ages, whilst the preferments 
were small, and the persecutions great, there was no great 
danger of ambitious spirits, nor any great occasion to inake 
laws against simoniacal promotions. For then martyrdom was, 
as it were, a thing annexed to a bishopric ; and the first per- 
sons that were commonly aimed and struck at were the rulers 
and governors of the Church. But in afterages ambition and 
bribery crept in among other vices, and then severe laws were 
made, both in Church and State, to check and prevent them. 
Sulpicius Severus takes notice of this difference betwixt the 
ages of persecution, and those that followed, when he says*>, 

^ Ep. ad Arsac. ap. Sozom. 1. 5> avc;(otyro rSav olKtr&v, fj vump, tj rwy 

c. 1 6. (v. 2. p. 203. 43<)* • •'1'$^ itpa" FaKiXtUmv yafierc^p, d<r€fiovm»p fia^ 

riiajs \tiTovpyiaf mr^an^o'ov, tl fi^ ecf rovt $€ovs, d^<$n;Ta dc Btoo'tfftias' 

npoa'tpYovrai fitrh yvpcuK&v koI ttcu- vrporifuovrtty. 
dc»p Kai 6€pan6pT»p rots Btois, SiKka ^ Sacr. Hist. 1. 2. p. 99. (p. 385.) 



faith and morals. 53 

'that in the former men stroye who should run fastest to those 
glorious combats, and more greedily sought for martyrdom by 
honourable deaths, than in aftertimes, by wicked ambitions, 
they sought for the bishoprics of the Church.' This implies, 
that in the age when Sulpicius lived, in the fifth century, some 
irregular arts were used, by particular men, to advance them- 
selves to the preferments of the Church. To correct whose 
ambition and ill designs, the Chiu'ch inflicted very severe cen- 
sures upon all such as were found guilty of simony, or, as some 
then called it®^ Xpt<TT€inrop€lav, the selling of Clirist. The 
Council of Chalcedon decreed ^^, * that if any bishop gave ordi- 
nation, or an ecclesiastical office or preferment of any kind, for 
money, he himself should lose his office, and the party so pre- 
ferred be deposed.' And the reader may find several other 
constitutions of the same import, in those called the Aposto- 
lical Canons**; the Council of Constantinople^* under Genna- 
dius, anno 459; the second Council of Orleans ^^, Bracara^, 

^oippe certatim gk>rio«a in certa- ^ C. 29. [al. 31.] (Cotel. [c. 23.] 

mina roebantor, mnltoque avidius v. i. p. 441.) Ei ri£ inlo-Konos KoafU' 

torn maitjria gloriosia mortibus kois Spxovat xPl^^H**^^* ^'* ovrav 

qmerebaDtur, quam nunc episcopa- iyKpajifs yivrtnu iKKKfjfriai, KaBaipti" 

tna pravid ambitionibus appetuntur. o-doo, Koi a<fiopi(€^Biio, Koi ol Koiv»- 

'' £p. Alexandr. Alexandrin. ap. povvt€s aima 7rdvT€s, 

Theodor. 1. 1. c 4. (v. 3. p. 9. 24.) ^ Ep. Synod, (t. 4. p. 1026 b.) 

01 9i ri^ €icti90V xP^^'^f'^^P^^ '^ d€air6Tfis rffiav xal Otbs koi 2tt>r9p 

BtmpovwTwSf ovK m r^s (KKkijaias *Irja'ov£ Xpurros iyx<iipla-ai rotr oyi- 

viroY€i0UM pM9ti9 tKOpTtprfa'av* ois avTOv fjM0riTais roO tvayytXiov t6 

^ C. 3. (t. 4. p. 755 b.) £i ri9 KTipvyfia xai dtdao-icdXovff tovtovs dva 

ewiaKowot M j^ftatri ;(rtporoWay iraaav r^v olKovfievrjv dpOpSnois c^- 

vonfcrturo, Koi th wpaaw icarayayif . . airoorf tXar, frapcjccXf vaaro diapprj' 

. . M. xphl*"'^^ rfrcV/coirov, ^ x^P*^^' ^^^* 4*^ ciX^<^(r( nap* avrov doptav, 

mowoWf 4 irp€a'fivT€potf, A dioKOPov, fj ravrris ical avrovs rois dyBpamois fic- 

inp6m tuhm, tw cV r» K\r}p<p Korap^ radiddvcu dtoptav, /x^ KTddfifvovs vnip 

fuvfuw^tp, fj wpopaXAoiTO inl XPIP^' ovrrjs x^^'^^^y 4 apyvpov, fj xP^^^^f 

cnv ^ ouM^yo/ftor, fj tuducav, fj irptHrpo^ rl riva nepiovtricw, Skkas ok<as vkiK^v 

'pdpunf, ^ Sktts TiyA rov KovdtHJS, di* fj ytiahri . . raun/v r^v ivroX^v, ov fi6' 

tJUrxjpOKtphtuMv ohcficuf' 6 rovro cVi- vov cKfipois, dXkh Koi fjpiv hC (Ktlvxov 

Xl^ipftltras, ikrYX^^^t ^^p"^ ^^ oIkuov cWrciXaro, k. r. X. 

nydvrrvrnp 0a$fi6p' Koi 6 x*^P*>^^^ ^ C. 3. (ibid. p. 1^80 d.) Ne quia 

9ovfttwot pafitw tK rns kot tfinopiav episcopus de quibuslibet causis, vel 

^(^Xffur^M XtHfonviat fj Trpofidkrjs, episcoporum ordinationibus, ca^te- 

aXX' ffdn-M dkk6rpiog rfjg d(ias, fj rov rorumque clericorum, aliquid pne- 

^porruTfuiroff, wirtp arX xphp^^^^^ suraat accipere : quia sacerdotem 

irvx<n^ fl ^ ^f f^o^ IJ^a'iT€u»v <^- nefaa est cupiditatis venalitate cor- 

wtai rois OU7WS altrxpoit KaiaBtpirois nimpi. — C. 4. (ibid.) Si quia sacer- 

Xn/t§»aaw, col o^ror, tl piv Kkfipuc6s dotium per pecuniae nundinum ex- 

wf, rev ehttlov itcwmTirw ^aOpov' secrabili flmoitione quaesierit, abji- 

il M Xwdfy fj pap6Cwft dpa^pari' ciatur ut reprobus : ^uia apostolica 

Cia$m. sententia donum Dei esse pnecipit 



A 



64 Q^alificat^Ofl8 far ardinaUan : IV4 

and many others. The imperial laws also were very properly 
contrived to prevent this abuse: for by one of Justinian's laws^ 
it was enacted, ' that, whenever a bishop was to be chos^i, the 
electors themselves should take an oath, and insert it into the 
election-paper, that they did not choose him for any gifl, or 
promise, or friendship, or any other cause, but only because 
they knew him to be a man of the true catholic faith, and an 
unblamable life, and good learning.' And in another of bis 
laws^, where this same injunction is repeated, it is further 
provided, ' that the party elected shall also at the time of his 
ordination take an oath, upon the Holy Gospels, that he nei- 
ther gave nor promised, by himself or other, nor hereafler will 
give to his ordainer, or to his electors, or any other person, 
any thing to procure him an ordination.' And for any bishop 
to ordain another without observing the rule prescribed, is de- 
poffltion by the same law. both for himself and the other whom 
he ordained. 

These were some of those ancient rules to be observed in 
the examination of men's lives and morals, before they were 
consecrated to the sacred function, or admitted to serve in any 
of the chief offices of the Church. 

CHAP. IV. 
Of the qualifications of persona to be ordained, respecting 
their outward state and condition in the world. 
No soldier 1. A THIRD inquiry was made into men's outward state and 
jj^l^'" condition in the world. For there were some callings and states 
of life which debarred men from the privilege of ordination, 
not because they were esteemed absolutely sinful vocations, but 
because the duties attending them were commonly incompatible 
and inconsistent with the offices of the clergy. Of this nature 
were all those callings which come under the general name of 
Militia Roinana, which we cannot so properly English, the 
military life, as the service of the empire. For it include? se- 
veral offices, as well civil as military ; the Romans, as Gotho- 

pecuniae trutina minime comparan- dent. Et non aliquo pretio gratia 

dum. Dei et impositio manuum venom- 

^ Bracar. 3. c. 3. (t. 5. p. 897 a.) detur. 

Placuit ut de ordinatioiiibus cleri- ^ Novel. 123. cap. i. See ch. 2« 

corum episcopi munera nulla susci- 8. 18. p. 31. n. 4. first part, 

piant, sea, sicut scriptum est, quod ^ Novel. 137. c. 2. See ibid. n. 4. 

gratis donante Deo accipiunt, gratis second part. 



I. 



outward state and condition. 



55 



fired^ and other learned persons ^ have observed, calling all 
inferior offices by the name of militia. So there were three 
scvts of it, militia palcUina, militia caatrensis or armata, 
and militia prauidicUis or cohortalis ; the first including the 
offieerB of the emperor's palace; the second, the armed soldiery 
of the camp; and the third, the apparitors and officials of 
jndges and governors of provinces ; all which were so tied to 
Iheir service, that they could not forsake their station. And 
for that reason, the laws of the State forbad any of them to be 
entertained as ecclesiastics, or ordained among the clergy. 
HonoriuB, the emperor, particularly made a law^ to this pur- 
pose, ' that none, who were originally tied to the military life, 
as some were even by birth, should, either before or after they 
were entered upon that life, take upon them any clerical office, 
or think to excuse themselves from their service, imdcr the 
notion of becoming ecclesiastical persons.' The canons of the 
Church seem to have carried the matter a httle further ; for 
they forbad the ordination of any who had been soldiers after 
baptism, because they might perhaps have imbrued their 
hands in blood. This appears from the letters of Innocent the 
First, who 3 blames the Spanish Churches for admitting such 
persons into orders, alleging the canons of the Church against 



w In Cod. Theod. 1. la. tit. i. 
de DeennoribuB, leg. 63. (t. 4. p. 
414.) .... Militias appeUktione hoc 
9erro omne offidam et obsequium 
pablicom dictum est. 

1 Valeaiufl, Not. in Sozom. 1. ^. 
c. 4. (v. 2, p. i80. n. I.) Triplex. . fuit 
mifitia apud Homanos. Prima et 
honoratiasima est Palatina: eorum 
edlicet qui in palatio miUtabant. 
Secunda fnit castreDsis sive armata. 
Tertia fuit cohortalis; eorum scilicet 

r' in officio prsefectorum et prsesi- 
n militabant. — P&gi, Grit, m Ba- 
ron, an. 375. n. 13. (t. i. p. 542.) 
Obaervat enim Gothofredus, hoc 
aevo mUkim et mUitandi, (rrpartlas 
Koi irrpar€V€<rBai, voce designari 
ijaiecmnaoe officia muniaque pub- 
lica: unae militia non tantum ar- 
mata, sed etiam togata palatina, 
offidalium advocatorum militia, Xci- 
rovpyia, tandem omne pubUcum 
ministerinm, atque adeo munidpa- 



lia quoque seu curialia officia muni- 
aque oro patria. 

2 Cod. Theod. 1. 7. tit. 20. de 
Veteranis, leg. 12. (t. 2. p. 434.) . . . 
Quoniam plurimos vel ante mili- 
tiam, vel post inchoatam, nee per- 
actam, latere objectu pise religionis 
agnovimus, dum se quidem voca- 
bulo clericorum . . . delendunt, nulli 
omnino tali excusari objectione per- 
mittimus, &c. 

^ Ep. 24. c. 2. (CC. t. 2. p. 1 28 1 d.) 
Quantos ex aliqua militia, qui cum 
potestatibus obedierunt [al. obedi- 
rent] severa necessario praecepta 
sunt executi. — Ibid. c. 6, (p.1282 b.) 
Ne quispiam, qui post baptismum 
militaverit, ad ordinem debeat cleri- 
catus admitti. — Vid. Ep. 2. ad Vic- 
tric. Rothomag. c. 2. (p. 1250 c). . Si 
quis post remissionem peccatorum 
cmgulum militise srecularis habue- 
rit, ad clericatum omnino admitti 
non debet. 



A 



66 QualificaHana far ordination : IV. i 

it. The first Council of Toledo^ forbids any such to be ordained 
deacons, ' though they had never been concerned in shedding 
of blood ; because, though they had not actually shed blood, 
yet by entering upon the military life they had obliged them- 
selves, if occasion had so required, to have done it.' Whidi 
seems to import, that soldiers might be allowed in the inferior 
services, but were not to be admitted to the sacred and supe- 
rior orders of the Church. 
Nop any g. Another state of life which debarred men from the privi- 

freediium ^^S^ of ordination was that of slaves or vassals in the Roman 
irithout the empire ; who, being originally tied by birth or purchase to 
the patron, their patron's or master's service, could not legally be ordained, 
because the service of the Church was incompatible with their 
other duties; and no man was to be defrauded of his right 
under pretence of an ordination. In this case, therefore, the 
patron was always to be consulted before the servant was or- 
dained. Thus in one^ of those called the Apostolical Canons 
we find a decree, * that no servants should be admitted among 
the clergy without the consent of their masters, to the griev- 
ance of the owners and subversion of their famiUes. But if a 
servant be found worthy of an ecclesiastical promotion, as One- 
simus was, and his master give his consent, and grant him his 
freedom, and let him go forth from his house, he maybe ordained/ 
The Council of Toledo has a canon ^^ to the same purpose; and 
the Council of Eliberis7 goes a little further, and says * though 
a secular master,' that is, an heathen, as Albaspinseus interprets 
it, * had made his servant a freeman, he should not be ordained.' 
The reason of which is conceived to be, that such masters gave 

^ C. 8. (ibid. p. 1224 e.) Si leal (nr/x»priaw(np ol d€<nr6rai, ical 

quia post baptismum militavit, et «K€v3€po>axiv<n, kqI tov oLcov iavrSaw 

cnlatnydem sumpserit, aut cingu- c^amxrrcXovo'c, yivtaBto. 

liiro [ad necandos fideles,] etiamsi ^ Tolet. i. c. 10. (t. 2. p. 1225 a.) 

Smviu [al. graviora^ non admiserit, Clericos, si quidem obligati sint [al. 
i ad clcrum admissus fuerit, [al. si qui obliffati sunt] vel pro sequa- 
fUtt] dinconii non accipiat dignita- done, vel [del genere alicujus do- 
tcom, mus, non ordinandos, nisi probatae 
* (\ 82. Pal. 81.] (Cotel. [c. 73.] vitcp fuerint, ct patroni [al. patrono- 
V, I , n. 447.) OiUirai tU KKrfpov npo^ nun] consensus accesserit. 
,\fi^4'(ffri9ai Svru rrjs r&v dccnrorc^y 7 Q, go. (t, I. p. 979 a.) Prohi- 
y»Ni^iyis tlvarfHm^v t6 roiovro €pyd' bendum est, ut liberti, quorum pa- 
rftrAii* 9l df irorc icoi afior tf)avfiri troni in seculo fuerint, ad derum 
a («^KfVi|r wp6s x^'P^^^^^ fiaBfwv, provehantur [al. non promovean- 
4»(i*v K«i) «l iifitTfpos ^Oprjaifiot €<pdvtf, tUT.] 



2f 3. outward state atkd condition. 57 

them only a conditional freedom, and still retained a right to 
exact certain services and manual labours of them, which would 
not consist with the service of the Church. The imperial laws^ 
also made provision in this case, that no persons under such 
obligations should be admitted to any office of the clergy ; or 
if they were admitted merely to evade their obligations, their 
masters should have power to recall them to their service, 
unless they were bishops or presbyters, or had continued 
thirty years in some other office of the Church. By which it 
appears that the ordination of such persons was prohibited 
onlv upon a civil account ; not because that state of life was 
sinful, or that it was any undervaluing or disgrace to the 
function to have such persons ordained, but because the duties 
of the civil and ecclesiastical state would not well consist toge- 
ther. 

8. For the same reason the laws forbad the ordination of Nor any 
any persons who were incorporated into any society for the ^^™civil 
service of the commonwealth, unless they had first obtained company 
the leave of the society and prince under whom they served, of trades- 
This is the meaning of that law of Justinian ^ which forbids °*®°»T^® 

® . were tied 

any of those called rofcttrai or cohortales, that is, the officers to the ser- 
or apparitors of judges, to be ordained, unless they had first ^mmon/ 
spent fifteen years in a monastic life. And the first Council wealth. 
of Orleans '0 requires expressly, either the command of the 
prince, or the consent of the judge, before any such secular 
officer be ordained. By the laws of Theodosius Junior ^^ and 

^ Valentm. 3. Novel. la. ad calc. cohortales neque decurianes clerici 

Cod. Theod. (t. 6. append, p. 26.) fiunto Dempto, si monachicam 

Nnllus oriffinarius, inquiliDUS, ser- aliquis ex ipjsis tntam non minus quin' 

▼OS, vel colonuB ad clericale munus decim annis transeaerit : — a more 

accedat ... at vinculum debits con- exact rendering of the Greek. Vid. 

ditioDis evadat. . . . OriginariiCp.ay.) Ed. Amstel. 1663. p. 171. Ed.I 

sane vel servi, qui jttgum natalium 10 C. 4. (t. 4. p. 1405 d.) Nul- 

deeUnmUes ad ecclesiaaticum Be or- lus Becularium ad clericatus officium 

dinem tranatulerunt, ezceptis epi- prsesumatur, nisi aut cum regis jus- 

BcopiB et presbyteris, ad dominonim sione, aut cum judicis voluntate. 
jura redeoant, d non in eodem offi- 11 Novel. 26. de Corporatis Urb. 

cio annum tricedmum compleve- Rom. ad calc. Cod. Theod. (t. 6. 

rant. append, p. 13.) Illustris magnificen- 

^ NoveL 123. c. 15. (t. 5. p. 547.) tia tua pragmatici nostri tenore com- 

Sed neqoe carialem, aut omciadem, perto sciat, corporatum urbis Ro- 

dericom fieri permittimus . . . Nisi mse, qui, non expleto ordine coepti 

forsan monasticam vitam aliquis eo- ofiicii, priusquam ad primum iter 

rum non minus quindedm annis favos aa locum emeritus pervenerit, 

implevit. [The passage, as dted by ad militise cuiuslibet cin^luxa «e i 

the antbor, resds thu8,-^8ed neque credidit transforendum, cot^t^^os^ i 



58 



QuaKJUxUions/ar ordination : 



TV. 



Valentinian the Third i*^, all corporation-men are forbidden to 
be ordained ; and if any such were ordwied among the infe- 
rior clergy, they were to be reclaimed by their respective 
companies; if among the superior, bishops, presbyters, or 
deacons, they must provide a proper substitute, qualified with 
their estate, to serve in the company from whence they were 
taken. The reader that is curious in this matter may find 
several other laws in the Theodosian Code^^, made by the 
elder Valentinian and Theodosius the Great, with respect to 
particular civil societies so incorporated for the use of the 
public; no member of which might be ordained, but either 
they must quit their estates, or be liable to be recalled to the 
service which they had unwarrantably forsaken. 
Tor any of 4. For reasons of the same nature the canons were precise 
^^^eurio-' '^ forbidding the ordination of any of those who are com- 
ft, ofthe monly known by the name of curicUea, or d^curianes, in 
s^^^' the Roman government; that is, such as were members of 
the curia, the court, or commotir-council of every city. 
These were men who by virtue of their estates were tied to 
bear the offices of their country ; so that out of their body 
were chosen all civil officers, the magistrates of every city, 
the collectors of the public revenue, the overseers of all public 
works, the pontifices or flamens who exhibited the public 
games and shows to the people, with abundance of others 



quibus nomen suum ante dicaverat, 
oportere revocari: sive etiam in 
clericonim numero reperitur, usque 
ad diaconis locum Bunilis pnecepti 
conditio teneatur, &c. 

12 Novel. 12. (ibid. pp. a6. et ay.) 
li . . . . qui .... diaconi ordinati sunt, 
suffectos pro se dare debebunt. Si 
non habent, unde sibi hac ratione 
prospiciant, ipsi ad nexum proprium 
reducantur. Ceeterie infenoris gra- 
du8 ad competentia ministeria re- 
trahendis: exceptis epiacopis atque 
presbyteris : aervatis tamen, qu» de 
patrimonio talium personarum le- 
gum praecedentium statuta aanxe- 
nmt. ... Ita ut hujus conditionia 
diacoDus domino pro se vicarium 
reddat, omni pariter peculio resti- 
tuto. 

1^ L. 14. tit. 4. de Suariis, leg. 8. 
(t. 5. p. 178.) E08 etiam, qui ad cle- 
ricatus se privilegia contuierant, aut 



agnoscere oportet propriam functio- 
nem, aut ei corpon, quod dedinant, 
proprii patrimonii facere ceasionem. 
— L. 14. tit. 3. de Pietoribua, leg. 11. 
(ibid. p. 159.) Hac sanctione gene- 
raliter edicimus, nulli omnino ad 
ecdesias, ob declinanda piatrina, li- 
centiam pandi : quod si quia in- 
flpressus fuerit, amputato privilegio 
Christianitatis, sciat se omni tem- 
pore ad consortium piatorum et 
posse et debere revocari. — L. 8. 
tit. 5. de Cursu Publico, leg. 46. 
(t. 2. p. 553.)' • . . In his vero, qui 
non terrena sed coelestia privilegia 
quaesiverunt, hoc custodiendum esse 
sancimus, ut si quemquam ex hujus- 
modi gener« h^muTum j«n ticet 
religio sacroaancta, ejusque operam 
non potest accipere mancipatua, fa- 
cultates memorati cursus publicus 
consequatur. 



1 4- wUward state and condition. 59 

whose offices are specified by Gothofred ^^ to the number of 
twenty-two, which I need not here recite. These were always 
men of estates, whose substance amounted to the value of three 
hundred solids, which is the sum that is specified by Theodo- 
Bius Junior ^^ as qualifying a man to be a member of the curia: 
and both they and their estates were so tied to civil oifices 
that no member of that body was to be admitted into any 
ecclesiastical office till he had first discharged all the offices of 
his country, or else provided a proper substitute, one of his 
relations qualified with his estate, to bear offices in his room. 
Otherwise the person so ordained was liable by the laws of 
the empire, of which I give a more particular account here- 
after^^ in the next book, to be called back by the curia from 
an ecclesiastical to a secular life again. Which was such an 
inconvenience to the Church, that she herself made laws to 
prohibit the ordination of any of these curiales, to avoid the 
trouble and molestation which was commonly the consequent 
of their ordination. St Ambrose ^^ assures us, ' that some- 

^* Paratitloii. Cod. Theod. 1. la. ram gensere, et reipublicce pecuniae. 

tiLi.deDecurioiiibns. (t.4. p.339.) 18. Periciila ordmis complurima 

Inter 1^ [dirialium] munera, nsec erant; aurum coronarium ab his 

ennt. i. Cone publics iis com- pnestabatur. 19. Cursus publici 

nuttebantiir. a. Ad proeecutiones mancipatus ad hos aliquando perti- 

deatinabantur. 3. Pecuniarum ci- nuit, aliquando non. 20. Non suf- 

vitatis publicarom administratio eis ficientibus his qui ad cursus cla^u- 

committebatur. a. Exactio item an- laris procurationem eligendi erant, 

mmamm. 5. Adscriptio. 6. Sus- curiales ad hoc munus vocati. ai. 

eeptorea in aliis provinciis creaban- Providebant, ^uo pacto pastui mili- 

tor, compolaorea. 7. Susceptores tarium animahum sine Isesione pro- 

tsao periculo nominabant. 8. Judi- vincialium consuleretur. aa. Curia- 

com pnecepta exsequebantur. 9. lium munera inferiora fuere proto- 

Geata municipalia coram his fiebant. typiae et ezactiones : scribse et logo- 

10. Mansionea, horrea, pagi his graphi curiarum munera. 

committebaDtar. 11. Propositi ^^ Novel. ^8. ad calc. Cod. Theod. 

maninonnm, horreorum pagis crea- (t. 6. append, p. 17.) Illam quoque 

bantur. la. Procoratores metallo- partem aispositio nostra non prset^- 

rom ex his fiebant 13. Descrip- it, ut quisquis civis vel incofa dein- 

tionibua, contribntionibus facultates ceps in multo obnoxius, cujus ta- 

eomm aubjecta; erant. 14. Calefa- men substantia trecentorum solido- 

dendia thermis apud Antiochiam nmi non exsuperat quantitatem, 

aliqnid pnestabant. 15. Adde et fuerit repertus, habeat adipiscendi 

alia mmiera, vduti legationis, &c. clericatus liberam facultatem. £um 

16. Ut poatHminio reversi suis sedi- vero cujus patrimonium majore 

boa redderentur, auxilium suum de- quam definivimus sestimatione cen- 

fiBire debebant. 17. Palatiorum a aebitur, liceat curiae secundum ve- 

tranaeuntium injuriis et a senio vin- tera statuta sociari. 

dicandomm cura ad eos quoque ^^ B. 5. ch. 3. s. 15. 

pertinebat; operum publicorum cu- ^^ Ep. a9. [al. 40.] ad Theodos. 



60 



Qnalifieationsfar ordination : 



IV. 



tunes presbyters and deacons, who were thus ordained out of 
the curiales, were fetched back to serve in curial offices after 
they had been thirty years and more in the service of the 
Church.' And therefore, to prevent this calamity, the Council 
of Illyricum, mentioned by Theodoret^®, made a decree * that 
presbyters and deacons should always be chosen out of the 
inferior clergy, and not out of these curicUeSf or any other 
officers of the civil government.* Innocent, bishop of Rome, 
frequently refers to this rule of the Church in his Epistles ^^, 
where he gives two reasons against their ordination. I^rst, 
* that they were often recalled by the curia to serve in civil 
offices, which brought some tribulation upon the Church.' 
Secondly, * because many of them had served in the office of 
flamens^o after baptism, and were crowned, as the heathen 
high-priests were used to be, while they exhibited the public 
games and shows to the people.' Which, though it was in- 
dulged by the Civil Law in Christian magistrates, yet the 
Church reckoned a crime, for which men were sometimes 
• obliged to do public penance, as appears from the canons of 
the Council of £libcris^^ ; and consequently such a crime as 
made men irregular and incapable of ordination. So that 
upon both accounts these curiales were to be excluded from 
the orders of the Church. And though this rule by the im- 
portunity of men was sometimes transgressed, yet the laws 
both of Church and State always stood in force against such 
ordinations; and sometimes the ordainers themselves were 
punished with ecclesiastical censures. Of which there is a 



(t. 2. p. ^54 e. n. 39.) Per tri- 

ginta et innumeros annos presbyteri 
quidam gradu fiincti, vel ministri 
ecclesise retrahuntur a munere sacro, 
et curice depatantur. 

>8 L. 4. c.^ 9. (v. 3. p. 159. 14.) 
*OfiOMs T€ Koi np€(rfix/rtpovs koI dta- 
k6povs, f( dvTov Tov Uparucov rary 
/jLorog .... jcai fi^ air6 tov /SovXrvn;- 
piov Koi arparuoTiiajs apx4^- [Vid. 
Labb. CO. t. 3. p. 831 c. Ed.] 

>• Ep. 4. c. 3. (CC. t. a. p. 1261 a.) 
De curialibus .... manifesta ratio 
est, ^uoniam etsi inveniantur hujus- 
modi viri qui debeant clerici neri, 
tamen quoniam saepius ad curiam 
repetuntur, cavendum ab his est 



propter tribulationem, quse saepe de 
nis ecclesise provenit. 

20 Ep. 24. c. 4. (ibid. 1282 b.) Ne« 
que de cunalibus aliquem venire ad 
ecclesiasticum ordinem posse, qui 
post baptismum vel coronati fiierint, 
vel sacerdotium, quod dicitur, sus- 
tinuerint, et editioues publicas cele- 
braverint, &c. 

21 C. 3. (t. 1. p. 971 a.). . . . Fla- 
mines, qui non immolaverint, sed 
munus tantum dederint, eo quod 
se a funestis abstinuerunt sacrifi- 
ciis, placuit, in fine eis praestari com- 
munionem : acta tamen legitima poe- 
nitentia. 



{j,5. outward state and condition. 61 

£uQOus instance related by Sozomen'^^, who says the Council 
of ConBtantinople, anno 360, deposed Neonas from his bishop- 
ric for ordidning some of these curiales bishops. Sozomen 
indeed calls them voXit€v6ii€voi, but that is but another name 
for cwrialeSy whom the Greeks otherwise term /SovXevreU, 
counsellors; and the Latins municipes, burghers, or corpora- 
tianrfnen ; and minor senatus^'^, the little senate of every city, 
in opposition to the great senate of Constantinople and Rome. 
These persons, whatever denomination they went by, were so 
entirely devoted to the service of the commonwealth, that till 
they had some way or other discharged that duty, they might 
not, as appears, be admitted to serve in any office of the 
Church. 

5. Indeed it was a general rule in this matter, as we Icam Nor any 
from one of the Councils of Carthage 2*, ^ that no one was to be J^^^ 
ordained who was bound to any secular service.* And for that tillhi»ofl 
reason it was decreed by the same Council '^^, at least for the **^' 
Churches of Afric, * that no agent or factor in other men's 
business, nor any guardian of orphans, should be ordained, till 

his office and administration was perfectly expired; because 
the ordination of such would otherwise turn to the reproach 
and de£unation of the Church.' But, if I mistake not, this 
prohibition did not extend to the inferior orders, but only to 
those whose office was to serve at the altar. 

6. In some Churches there seems also to have been an ab- Pleaders 
solute prohibition and rule against ordaining advocates or ^^^^o 
pleaders at law, not only whilst they continued in their pro- in the 
fession, but for ever after. This seems to have been the custom chmS. 

^ L. 4. c. 34. (v. 2. p. 170. 30.) tioni vestrae videtur procuratores et 

'Himmi dc {KoBaipown] air ... . oTrri- actores, tutores etiam seu curatores 

povf rtvhs Up&p ypoKfAv Kal Bftrfi&v pupillorum,6idebeantordinari? Gra- 

iiackifa-las, antourKmns ytoXitcvo- tus episcopus dixit : Si post deposita 

fniwovs Sirrag, tnuris^novs fcoraor^- universa, et reddita ratiocinia, actus 

grarra. vitae ipsorum fuerint comprobati in 

^ Miyorian. Novel, i. ad calc. omnibus, debent et cum laude, deri, 

Cod. Tlieod. (t. 6. append, p. 33.) si postulati fuerint, honore mune* 

Cnriales servos esse reipubbcse ac ran. Si enim ante libertatem nego- 

viscera dvitatum nullus ignorat, tiorum vel offidorum ab aliquo sine 

qaorum ccetum recte appellavit an- consideratione fuerint ordinati, ec- 

tuniitas minorem senatum. clesia infamatur. Universi dixerunt : 

^ C. 9. (t. 3. p. 183^ b.) Obnoxii Recte omnia statuit sanctitas tua : 

alienis negotiis non ordinentur. ideo<|ue tua nostra est quoque sen- 

^ C. 8. (ibid, a.) Magnus episco- tentia. 
pus Aptungensis d^xit : Quid dilec- 



/ 



62 QualificcUionsJbr ardinatian. IV. i 

of the Roman and Spanish Churches. For Innocent, bishop 
of Rome, in a letter ^^ to the Council of Toledo, complains ot 
an abase then crept into the Spanish Church, which was, that 
many who were exercised in pleading at the bar were called to 
the priesthood. To correct which abuse, as he deemed it, he 
proposed this rule to them to be observed ^7, * that no one who 
had pleaded causes after baptism should be admitted to any 
order of the clergy.' What particular reasons the Church of 
Rome might then have for this prohibition I cannot say; but it 
does not appear that this was the general rule of the whole 
Catholic Chitfch. For the Council of Sardica*^® allows a lawyer 
even to be ordained bishop, if he first went regularly through 
the ofiices of reader, deacon, and presbyter ; which shews, that 
the custom as to this particular was not one and the same in all 
Chiu*ches. 
nenor- 7. The reader may find several other cautions given by 
^ ' Gennadius^^ against ordaining any who had been actors or 
g®-pJ*y- stage-players ; or energumens, during the time of their being 
'chim:h- possesscd ; or such as had married concubines, that is, wives 
without formality of law; or that had married harlots, or 
wives divorced from a former husband. But I need not insist 
upon these, since the very naming them shews all such persons 
to have been in such a state of life, as might reasonably be 
accounted a just impediment of ordination. It mU. be more 
material to inquire, what the ancients meant by digamy, which, 
after the Apostle, they always reckoned an objection against a 
man's ordination? — And whether any vow of perpetual celi- 

2^ Ep. 24. ad C. Tolet. c. 4. (CO. np6T€pov Ka$i(TTcurB<u, iap /jJj kqX ' 

ibid. p. 1281 c). . . . Quantos ex eis, dvoyworov, koL StaK6vov, jeal vrpc(r» 

qui post acceptam baptismi gratiam, fivrtpov {nryttalaif cictcXcot;* um Koff 

in forensi exercitatione veraati sunt, €Ka<rrov fiafffibv, tcamtp ^cor voiutr^ 

et obtinendi pertinaciam suscepe- ^c/17, tU r^v ^tda r$£ hnvKoinit 

runt, accitos [al. adscitos] ad sacer- Korh. wpoKotr^v dia^rjvai bwijOtai. 
dotium esse compeiimus ? ^ De Eccles. Dogmat. c. 72. [aL 

^ Ibid. c. 6. (b.) Ne quispiam . . . 39.] (int. Oper. August, t. 8. ap- 

ad ordinem debeat clericatus ad- pend. p. 79 d.) Neque cum 

mitti ... qui causas post acceptum [ordinandum] qui unam quidem, 

baptismum egerit. sed concubinam, non matronam hap 

^ C. 10. (ibid. p. 636 b.) 'Oo-cor buit. Neque ilium qui viduam, aut 

nr/<neo9ror cittc Kal roOro cofoyKcujov repudiatam, vel meretricem in ma* 

c&ai vofii(c», l^a fitra tratr^s dicpifitias tiimonio sumpsit .... Neque ilium, 

Koi efrifiAtiat t^trdCoiTo, &m eatf qui usuras accepisse convincitur, aut 

Tis TrXovcrcor, fj crxoXacmie6( arrb Trjt in scena lusisse dignoscitur. 
ayopas d^ioiro iiricrKotros yi»€<r6ai, firf 



T. 1, a. Of digamy aiul ceUbficy. 63 

bacy was exacted of the ancient clergy, when they verc 
admitted to the orders of the Church t — Wbicb, because they 
are qnestions that come properly under this head, it will not 
be amiss to resolve distinctly, but briefly, in the following 
chapter. 

CHAP. V. 
Of the state of digamy and cetihactf in particular, and of the 

laws of the Church about these in reference to the ancient 

clergy. 
1. As to what concerns digamy, it was a priinitiTe apostolical ^° ^^' 
rule, ' that a bishop or a deacon should be one who was the onUined, 
husband of one wife only,' on which rule all the laws agmnst ^^^^^ 
digamy in the pnmidre Church were founded. But then wo postle. 
are to observe, that the ancients were not exactly agreed about 
the sense of that apostolical rule ; and that occasioned difierent 
notions and different practices among them in reference to the 
ordination of digamists. 
' St. One very common and prevailing notion was, that all Thne dif- 
persona were to be refused orders as digamists who were twice -^^^^ 
married after baptism, though legally and succeswvely to two '^"l^^** 
wives one after another. For though they did not condemn gun j: i. 
second marriages as sinful and unlawful with the Kovatians "*'■ ^ 
and Montanista, yet upon presumption that the Apostle had were to be 
forbidden persons twice married to bo ordained bi^opa, they j^^^^'^I 
repelled sncb from the superior orders of the Church. That gamutavha 
this was the practice of some Churches in the time of Ori- muried tf- 
gen, may appear from what he says in his Comments upon '"''•ptiMn- 
St. Luke'"', ' that not only fornication, hut man-iagcs excluded 
men from the dignities of the Church ; for no digamist could 
be dther bishop, or presbyter, or deacon, or deaconess in the 
Church.' Tertullian, when he became a Montanist, kid hold 
of this argument, luid urged it to decry second marriages in 
all persona; pleading"', ' that a layman could not in decency 
demre licence of the ecclesiastics to be man'ied a second time, 

*" Horn. 17. in Luc. p. 338. (t, 5, *' DeMonogam. c. 11. (p. 531 e.) 

P- 953 e-) Ab ecdeeiaaticis dignitau- Qualis ee id malrimonium pogtulane, 

bua oon Miluin fomicatio, ied et quod eia, a quibus poatulas, qod a 

DoptiK repeltuDt: neqoe enim epi- licet habere f Ab episcopo mono- S 

■ec^iM, nee )B«*brt«r, nee diaconua, KUno, a presb^ia et diaconis ejus- m 

DM vidos, pOHunt esse digami. dem eacramenli, &c. M 



V 



64 Laws of the Church IV. 

seeing the ecclesiastics themselves, bishops, presbyters, and 
deacons were but once married ;' which he repeats frequently 
in several parts ^^ of his writings. And it cannot be denied, 
but that many other ancient writers, St. Ambrose ^3, St. Jerom^, 
Gennadius'^^, Epiphanius^^ and the Councils of Agde^^ and 

Carthage ^^, put the same sense upon the words of the Apostle. , 

* 

^ De Exhort. Castitat. c. 7. (p. altare, nisi qui unam babuerit uxo- '^ 

531 d.) Ecce enim in veteri lege rem. Non solum enim ab officio 

animadverto castratam licentiam sse- sacerdotii digamus excluditur, sed 

piu8 nubendi . . Apud nos plenius et ab eleemosyna ecclesiie, dum in- 

atque instructius [al. stnictiusj digna putatur stipe, quse ad se- 

prsescribitur, unius esse matrimomi cunda coDJugia devoluta est. Quam- 

oportere, qui all^untur in ordinem quam lege sacerdotali teneatur, et 

sacerdotalem. Usque adeo quos- laicos, qui talem pnebere se debet, 

dam memini digamos loco dejectos. ut possit eligi in sacerdotium. Non >^ 

— Ad Uxor. 1. I. c. 7. (p. 165 c.) enim eligitur, si digamus fuerit. -^ 

Quantum detrahant, [fidei] quan- Porro eliguntur ex laicis sacerdotes. 

.- tum obstrepant sanctitati nuptice Ergo, et laicus tenetur mandato, 

secundsp, disciplina ecclesiee et prse- per quod ad sacerdotium pervenitur. 

scriptio Apostoli declarat, cum di- — £p. 83. [al. 69.J ad Ocean, (ibid. . 

gamos non sinit prsesidere, etc. p. 412 e. ult. lin. et p. 413 a. ) 

^ De Offic. 1. 1. c. 50. (t. 2. n. 3.) In utraque Epistola [Timothei 

p. 66 b. n. 257.) De castimonia au- et Titi] sive episcopi, sive presbyter! 

■1. tem quid loquar, quan do una tan- ..jubentur monogami in cleru m ^ 

^' tum, nee repetita permittitur co- eligi. 

T' pula ? £t in ipso erpro conjugio lex ^ De Eccles. Dogmat. c. 73. [al. 

est, non iterare conjugium, nee se- 39.] (int. Oper. August, t. 8. ap- 

cundsB conjugis sortiri conjunctio- pend. p. 79 c.) Maritum duarum '^ 

; ' nem. Quod plerisque minim vide- post baptismum matronarum deri- 

tur, cur etiam ante baptismum ite- cum non ordinandum. 

I rati conju^i ad electionem muneris ^ Expos. Fid. n. 21. (t. i. p. 

• et ordinationis prserogativam impe- 1104 a.) ^€VT€p&vafiov ovk c^ori 

: ' dimenta generentur ; cum etiam de- dtvio-Bai iv avrfi [cicieXi^o-ta] tU Upot' 

licta obesse non soleant, si lavacri avpT}v, Kom-t €yKpaT€x/6fitpos fuj )fi' 

remissa fuerint sacramento. Sed pos, [corruptus hie locus. Petav. in 

,, intelligere debemus, quia baptismo marg.] dirapxtis rd^c^t ariaKdnoVt 

culpa dimitti potest, lex aboleri non koL npftrfimpov, koX dtaK6yov, icoi 

potest. In conjugio non culpa, sed imobiaKdvov' pjerh, ravrrjv rrjy lepts^ 

lex est. Quod culpae est igitur, in avvrjv \oiir6v opayvtooT&p raypa i( 

baptismate relaxatur : quod legis oXav rS>v Tayfidrav, rovrfcm irap^ 

est, in conjugio non solvitur. Bivtav, koI pova(6vT<ap, Koi cyKpartifo- 

^ ^ Ep. 2. [al. 52.] ad Nepotian. (t. pAvfuv, ical xiP^^^"^^^* *<*^ ^^^ ^ 

I. p. 267 a. n. 16.) Prsedicator con- rV a-ffiv^ ydptj^, 
tinenti^e nuptias ne conciliet. Qui ^7 C. i. (t. 4. p. 1383 a.) ... Pla- 

Apostolum legit dicentem, Super est, cuit de bigamis aut intemuptarum 

ut qui habent uxoreSt sic sint, quasi maritis, quamquam aliud patrum 

non habeant; cur vdrginem cogit ut statuta decreverint, ut qui hue us- 

nubat ? Qui de monogamia sacerdos que ordinati sunt, habita misera- 

est, quare Anduam hortatur, ut di- tione, presbyterii vel diaconatus no- 

gama sit? — Ep. 11. [al. 123.] ad A- men tantum obtineant; officium 

gerucb. (ibid. p. 898 d. n. 6.) vero presbyteri consecrandi, et mi- 

Considera, quod vidua non eligatur, nistrandi hujusmodi diacones non 

nisi unius viri uxor: et nos pu- prsesumant. 

tamus sacerdotum hoc tantum esse ^ Carth. 4. c. 69 (t. 2. p. 1205 c.) 

privilegium, ut non admittatur ad Simili sententiae subjacebit episco* , 



J - 



4. respettinff diyamg awi celibacif. 65 

Only Epiphanius pnte a distinction bctvrcen the superior and \ 
inferior orders, making the rule in this sense obligatorr to the 
former, but not to the latter. 

3. Some there are again who gave the rule a stricter expo- Secondij, 
ntion, making it a prohibition not only of ordaining persons ^^^ t^ 
twice married after baptism, but also such as wore twice mar- ™ie t" •" 
ried before it, or once before and once after ; as many Gentiles twice mar- 
*nd cateohumens happened to be in those times, when baptism ^'^1^ 
vas administered to adult persons. St. Ambrose ^^ was oforaftn- 
opinion, that even these were to be excluded from ordination ; 'P"""- 

/ and so it was decreed by Innocent, bishop of Rome *°, and the 
I Council of Valenda*' in France. But this opinion was ge- 
I oerally rejected by others as furthest from the sense of the 
Apostle. 

4. The most probable opinion is that of those ancient m'iters Tbirdlir, 
who interpret tho Apostle's rule as a prohibition of ordaining p„b^iB 
pdyeaonsts, or such as had married many wives at the same <ip>°i°" "^ 

5^ J L L 1 II . ^1 ■ ■ ,tho«irho 

time; and such as had causelessly put away tiieir wives, and thoughttha 

/ piu, H aoens ordinaverit clericum muBum, satii errat a rcgula : quia 
I tarn, qni ridtum ant repudiatam in baptismo peccata remlltuntur, 

* Ep. 8j. [al. 63.] ad Vercellena. aboletur.— Ep. 33. c. 6. (ibid. p. 

(L 3. p. 1037 a. n. 63.) Plerique ita IJ78 d.) Nee illud dehcre actmitti, 

aigumentautur, aniu* uioiia vinim qui>d aliquaDti |)ro defennone pravi 

did poat bapliinium habiUe ; eo eiroris opponunt, el assemnt, quod 

quod bkptiamo vitium sit ablutum, anie baptismum {uxor accrpta non 

quo afferebatUTinipediroentuni. Et dtbeat impulari quia in baplimto] 

Titia qnidem atque peccata dilunn- omnia dimittuntur ; non intelliRen- 

tnr omnia; nt » quia contamina- tea hujusmodi, quod pola in baptia- 

nrit auiim corpus cum plurimia, mo omnia [al. peccata] dimittuntur, 

qnai DDlla conjugii lege aociaverit, non uxorum numerus aboletur. 

mmttantDT ei omnia: sed conjufpa ffbe words between tbe first piur 

DOD reMlvuntur, si quis iteraverit; of bmckets are not read in Labbe. 

CoJp* enim lavacro, non lex solvi- Ed.] — Conf. Ep. ii. c. 3. (ibid. p. 

tcr: nulla enim culpa conjugii, sed 1373 e.) Deinde ponitur, non dici 

lex est. . . . Ideo et Apostolus lef^em oportere bigamum. eum qui cale- 

pomit, dicens: Si qtiu rine cHmtne cbumenus habuerit atque amiserit 

«•(, wtitit ■xoru rir. Ergo qui sine uiorem, &r. 

ainuae e«t,nmus uiaris vir, tene- *> C. i. (ibid. p. po.r-, a.) Sedit 

tar ad legem sacerdodi suscipiendi : igitur neminem pr>st banc synodum, 

qui aatem iteraverit conjugium, cut- qua ejusmodi ilticitis vel sero auc- 

{Mm quidem non babet coinquinati, curritur, de digamis, aut intemup- 

Md pnerogativa eiuifur sacerdotis. tarum maritie, ordinari clericum 

V * Ep. >. e,6. (CC. t. 3. p, 1351a.] posse. Nee requirendam, utrurane 

.... Ne aUquibua existimetur, ante initiati sacramentis dirinis, anne 



e aUquibua existimetur, ante initiati aacramentis 

D^Humnm si forte quia, acceplt ut- gentiles, hac se infelicia aonia ne- 

<K«iii,et,ea de ssculo recedente, a1~ ceasitate macularlnt, cum divini 
tenm dnxerit, in baptismo esse di- 

aaOBAM, TOI_ Q. 



/ 



66 



LoMM of the Chvrch 



IS 



ApotUeby 
digamists 
mesnt po- 
lygsmists, 
uid sach 
asmanried 
after a di- 
▼oroe. 



married others after divorcing the former; which were then 
very common practices both among Jews and Gentiles, but 
scandalous in themselves, and such as the Apostles would have 
to be accounted just impediments of ordination. This is the 
sense which Chrysostom^^ and Theodoret*^ propose and defend 
as most agreeable to the mind of the Apostle. And it is cer- 
tain that second marriages in any other sense were not always 
an insuperable objection against men's ordination in the Chri- 
stian Church. For Tcrtullian^^ owns that there were bishops 
among the Catholics who had been twice married ; though, in 
his style, that was an affront to the Apostle. And it appears 
from the Letters of Siricius^^ and Innocent ^^ that the bishops 
of Spain and Greece made no scruple to ordain such generally 
among the clergy ; for they take upon them to reprove them 
for it. Theodoret, agreeably to his own notion, ordained one 
Irenaous bishop, who was twice married ; and, when some ob- 
jected against the legality of the ordination upon that accoimt, 



*2 Horn. 10. in i Tim. 3, 2. (t. 1 1. 
p. 598 f.) . . .Mcof yvvaixhi cofbpa' ov 
vofioOfT&p rovT6 <f)n<riv, its fi^ tlpcu 
(^v &v€v T(tvTov yivf aOaif oKKd. r^v 
dfieTpiav KulKvaV eirtib^ eirl tS>v *Iov- 
daiiov f^^v Koi d(VT€f}oi,s 6/uXciv ya- 
fiots, Kal 8vo ^x^v Kara ravrhv yvval- 
Kas' rifuos yap 6 yaiios, river oi, lua 
fuas yvvaucbs dvhp ^, <l}a<r\ tovto «i- 
prj(rBai, — Conf. Horn. 2. in Tit. i, 6. 
(p. 738 a.) . . .'EirtoTOfitfft Tov£ alp€' 
TtKovs Tovs t6p yofiov biaffdkXovraSf 
dciKVvs, on t6 vpaypa oCk iariv «Va- 
yts, aXX* ovTio rifuop, «>r fur airrov 
dvvao'dai Ka\ €n\ r6v Syiov dvct^aiptiv 
Bp6vov. (V ravrcp de koi tovs dccXycIff 
Ko\d(<ap, Ka\ ovK d(f)€ls fi€ra btvT€pov 
ydfxov T^v opx^v iyxtipi^faOai rav- 
nju' 6 yap np6s rrju mrfX^ovcrav /Aiy- 
bcpiav (f>v\6^as tUvoiav, nS>i &p oihos 
y€PoiTo Trpoardnjs kolKos; rlpa dc ovk 
&p VTroarair) Karrjyopiav; Tore yap 
airapTtSt tore ort €i fiff KtKaKvrai 
napd tS>p pofiap t6 btxtripois 6yiCK€lp 
ydfiois, aXX* Sfuas noXKhs ?p(€t r6 
irpdyfia Karfjyoplas' ovdefiiop oZp 
frap€\(ip Xa^^v to7s dp\ofi€Pots rhp 
apXoPTa ^ovXtrai. 

•** In I Tim. 3, 2. (t. 3. part. i. 
P* ^53*) HoXac yap cia>^eio-av «rat 
£XXi;v€r Ka\ *IovdaIot, Ka\ dvo koi 



Tpio-l Ka\ nXfioiTi yvpoi^l pSfUj^ ydfiov 
Kara Tairrhp avvoiK€ip' tip€s dc koX 
pvp, Kairoi rap ^aikucap vdyMP dvo 
Karck ravTOP SyecBm K€i\v6pr«»v yv- 
paiKas, Koi iraXXoicto'i fiiypvprai, Kal 
iraipcus' ^(JHiaxip roivifPy t6p Btlov 
*An6aTo\op €ipffK€pai, r6p fua fidwjj 
yvpaiKi avpoiKovpra crcp^pdrcttf, rrjs 
eirio'KOTriK^s <i(iop €Ufai "xttporoplas" 
ov yap rhp htvTtpov, <f>aaiP, cfc/SoXc 
ydfiop, &Y^ TToWoKif TOVTO ytvioBai 
KeXfvo'as. 

*• De Monogam.c. 12. (p. 553 b.) 
Quod [al. quot] enim et digami 
praesident apud vos, insultantes uti- 
que Apostolo ? 

^ Ep. I. ad Himer.TarracoQ. c 8, 
(CO. t. 2. p. 102 1 a.) . . Apostolus. . 
unius uxoris virum tarn sacerdotem, 
Quam diaconum fieri debere man- 
daviL Quse omnia ita a vestrarum 
regionum despiciuntur episcopis, 
quasi in contrarium magis fuerint 
constituta. 

^ £p. 22. ad Episc. Macedon. c. i. 
(ibid. p. 1272 d.) Eos, qui viduaa 
accepisse suggeruntur uxores, non 
solum clericos effectos agnovi, ve- 
rum etiam usque ad infulas summi 
sacerdotii t>ervenis8e: quod contra 
legis esse pnecepta nullus ignorat 



5- respecting digamy and celibacy. 67 

he defended it by the common practice of other Churches. 
* Herein/ says he ^7, * I followed the example of my predeces- 
sors. Alexander, bishop of the apostoUcal see of Antioch, with 
Acacius of Beroea, ordained Diogenes, a digamist ; and Praylius 
ordained Domninus of Ciesarea, a digamist likewise. Proclus, 
bishop of Constantinople, receiyed and approved the ordination 
of many such ; and so do the bishops of Pontus and Palestine, 
among whom no controversy is made about it.' From hence it 
appears, that the practice of the Church varied in this|[mattor ; 
and that therefore Bellarmin and other Romanists very much 
abuse their readers when they pretend that the ordination of 
digamists, meaning persons twice lawfully married, is both 
against the rule of the Apostle and the universal consent and 
practice of the Church. 

5. They still more abuse their readers in pretending that a No v 
vow of perpetual celibacy, or abstinence from conjugal society, ^^ 
was required of the clergy, as a condition of their ordination, '*»© « 
even from the apostolical ages. For the contrary is very evi- tionc 
dent from innumerable examples of bishops and presbyters, ^"^"1 
who lived in a state of mati*'unony without any prejudice to three 
their ordination or function. It is generally agreed by ancient *^'' 
writers that most of the Apostles were married. Some-*** say, 
all of them, except St. Paul and St. John. Others say, St. Paul 
was married also, because he writes to his yoke-felloiVy whom 

^ £p. no. ad Doron. (t. 4. part. naXoioriyoc iramts, KafovBtfita a/x- 

3. p. 1 180.) "Elt rd T^s diyofiiag, roir ^i/9oXia Trcpl tovtov ytytinfrcu. 
wp6 i7fM«y riKokovOrfaafjity Koi yip 6 ^ Ambros. al. Hilar. Diacon. in 

T^s fiwcapias Ka\ 6vias f^fifis ^«- 2 Cor. 1 1, 2. (t. 2. append, p. 198 h.) 

^di^pof, 6 t6p durooToKiKiv rovror Omnes Apostoli, exceptis Joanne et 

auMKoafiriaas Bp^pov, uvv r^ fioKtipui' Paulo, uxores habuerunt.— Epiphan . 

Tsry 'Ajcmuy rns Bcpouir orurKAn^, Haer. 78. Antidicomar. n. 10. (t. i. 

rAr T^g liOKopias fUfmuis Aioyevriv p. 1042 C.) Ei ^trav de rixua rj Ma- 

wxttpor6pti(rmf d/yafuw ovra' o)<ravro»ff pitf, ical €i xnrfjpxfv oirrj ovrjp^ rtvi 

dt leeA. 6 fMOK^piot UpavXios Aopjnvov Aoyo» napdiliov t^v Mapiav r^ *!«>- 

r&r Kmaaptiat BSyofiOp Hvrar tOti dwrf, koi top 'Iuxzwi^v t§ Mapiq; rivi 

robnfp i/KtXovB^aafifv, koi tbfdpao'iy dc r<^ Xdyo) Ilcrptp paKXov ov trapa- 

imtF^liOts, Koi inl yvwrei ical fi'uf bidtoai; tipi de r^ \6y<p *Avdpfio, 

wakvBpuXkfgrois' iroXX^ di koi SKKa MarBaltfi rt, koX BapBoXopai^ ; dWa 

rouMvm dffMoyftcyoff 6 t^s pwcapids d^Xov on *Ia>dia^ dih t^p irapQtPiav. 

Itp^fM^lw IlpdKkot, 6 rrjs Kttvoroin'i- — Cotelerius cites Eusebius, Basil, 

. PwwakirAp twUriumos, jcal avrbg r^y and some otbers, for the same opin- 

. ;{f ipororMv cdc£aro, ical typw^p iir- ion. Vid. Not. in Ignat. Ep. ad 

mrittf mak &avp6{/»p, iMravras dc Koi Philadelph. Interpolat. n. 4. See 

ol ff/NMnrvovrrff r^t Uoptiktjs diounj- note 52, following. , 

av«»ff &totl>iKmrraTOi tnia-iconoi, koi ol f 

P 2 



I 

/ 

I 



I 



68 Laws of the Ohureh IV 

they interpret his wife. Phil. 4, 3. This was the opinion of 
Clemens Alexandrinus^^, wherein he seems to be followed by 
£usebius^<>, and Origen^^ and the author of the interpolated 
Epistle to the Church of Philadelphia ^^ under the name of 
Ignatius; whom some modem Romanists, mistaking him for 
the true Ignatius, have most disingenuously mangled, by 
erasing the name of Paul out of the text : which foul dealing 
bishop Usher ^3 has exposed, and Cotelerius^^ does in effect 
confess it, when he owns that the author himself wrote it, and 
that he therein followed the authority of Clemens, Origen, and 
Eusebius. But passing by this about St. Paul, which is a mat- 
ter of dispute among learned men, the major part inclining to 
think that he always lived a single life, it cannot be denied 
that others of the Apostles were married. And in the next 
ages after them we have accounts of married bishops, presby- 
ters, and deacons, without any reproof or mark of dishonour 
set upon them. As to instance in a few, Valens, presbyter of 
Pliilippi, mentioned by Poly carp ^^ ; Chaeremon, bishop of Ni- 
lus, an exceeding old man, who fled with his wife to mount 
Arabion in time of persecution, where they both perished to- 
gether, as Eusebius ^^ informs us. Novatus was a married 
presbyter of Carthage, as we learn from Cyprian's Epistles ^7. 

^ Strom. 3. p. 448. (p. 535. 18.) ortam ex pravo inteUectu Paulino- 

Kai oyc IlaCXor ovk oKPtl tv nvi tni- rum textuum, Philipp. 4, 3. et I Co- j 

oToX^ T^v avTov irpo<rayop€VfiP crv- rinth. 0, 5. quam reiert etiam nee re- / 

(vyop, rjv ov 7r€p\ Mfuf^tv, bia rb r^r fellit Eusebms, Hist. 1. 3. c. 30 ; ut ; 

imfiparias evomXcV. modeste fit a Nicephoro, c. 44. 1. a : ^ 

w L. 3. c. 30. (v. I. p. 124. 25.) quseque per Origenem, initio ex- '^ 

Where the words of Clement^ quoted planatioimm in Epistolam ad Bo- j 

in the preceding note, are recited, manos, simpliciter cum oppoota ■ 

reading Trpoa-ayopeva-at, sententia proponitur. 

^1 In Rom. I. p. 459. (t. 4. p. ^ £p. ad Philipp. n. 11. (Cotd. 

461 c.) Paulus ergo, sicut quidam ibid. p. 189.) Valde . . contristor pro 

tradunt, cum uxore vocatus est : de illo [Valente] et pro conjuge ejus. 

qua dicit, ad Philippenses scribens, ^" L. 6. c. 42. (▼. i. p. 308. 18.) 

^ Kogo etiam te, germana compar. Sec. Xaiprffuov ^v vntpytip^s rtis NrcXov 

^^ Ep. ad Philadelph. n. 4. (Cotel. Kakovpivr)s ewiaicoirot frdXccftf. O^ror 

V. 2. p. 80.) . . 'Qs fi€TpoVf Koi Hav' tls t6 *Apafiio¥ Spos &fia rj wp^Uf 

Xov, KOi tS>v SW<ov *A7roaT6\<ttv rStP (fivyaiv ovk €irav€\^\v$€y, 

yapots npoaopikijaaPTap, '^ Ep. 40. [al. 52.] ad Com^ 

w Dissert, in Ignat. c. 17. tot. (p. 238.) Uterus uxoris [Novati] 

(Cotel. ibid. pp. 226 — 228.) Inter- calce percussus, et abortione pro- 

polator Ignatii, &c. perante in parricidium partus ex* 

^ Not. in loc. cit. (ibid. n. 43.) pressus. Et damnare nunc audit 

Amplectitur Ignatiaster opinionem sacrificantium manus ; cum sit ipsa 

Clementis Alexandrini, 2Tp»paricnf nocentior pedibus, quibus filiu8» qui 

3. p. 448, et aliorum qu<Miimdam, naacebatur, occisus ovt. 



rupecHng digamy and celibacy, 69 

Cyprian himself was also a married man, as Mr. Pagi^^ con- 
fesses; and so was C»cilius^^, the presbyter, that converted 
him. As also Nnmidicus, another presbyter of Carthage, of 
whom Cyprian^ tells us this remarkable story : ' that in the 
Dedan persecution he saw his own wife, with many other mar- 
tyrs, burnt by his side ; whilst he himself, lying half burnt, 
and coyered with stones, and left for dead, was found expiring 
by his own daughter, who drew him out of the rubbish, and 
brought him to life again.' Eusebius^^ assures us that Phileas, 
bishop of Thmuis, and Philoromus had, each of them, both a 
wife and children ; for they were urged with that argument by 
the heathen magistrate to deny their religion in the Diocletian 
persecution; but they generously contemned his argiunent, and 
gave preference to the laws of Christ. Epiphanius^^ says 
Marcion the heretic was the son of a bishop, and that he was 
excommunicated by his own father for his lewdness. Domnus 
abo, bishop of Antioch^, is said to be son to Dcmetrian, who 

M Grit, in Baron, an. 248. n. 4. magis dixerim, laetus aspexit, &c. 
[aL 5.] (t. I. p. 331.) Baronius ^ L. 8. e.g. (v. i. p. 386. 43.) 

.... wuUe dednxit Cyprianum uzo- Olos ^ik6p»ftos ffv, ... ^tXca; rt rrjs 

rem habnisae. [The learned author Ofivir&p fmckriaias inia-Konos . . . o{ 

has evidently mistaken Pagi, who koI fivpwp oat»v np6s aifioros n koI 

contradicts tne statement of Baro- r&v SKKatv ^tXa>v dyrifioKovvrmv, rrt 

niufl in proof that St. Cyprian was a fi^p rwv en-* d^ias dpx6vni>v, irp6s de 

married man. £d.1 koI avrov roO diicaoTov Trapcucakovv- 

^ Vid. Pont. Vit. Cypr. (p. 3.) ros, »s 6» avr&v oIktov Xo^kv ^cidtt 

Erat sane iUi etiam de nobis contu- rr naidwv koI ywaiKav noiTja-oiro' 

bernium viri justi et laudabilis me- ovdapas trphs r&v roa-ovrov cVi t6 

monsB Csecilii, et state tunc et ho- <f>iko(<a^aai fiiv iktirBcu, Kora^povn- 

nore preabyteri, aui eum ad agniti- crac dc rS>v irtpl SfioXoylas koI dpvrj' 

ooem yeram divmitatis a sseculari a€as rov ^car^pos ^fiS>v Btafi&v vvr- 

errore correxerat. Hone toto honore rjxOria-eiy, k. r. X. 
atqoe omni observantia diligebat, ^^ Hser. 4a. Marcion. n. i. (t. i. 

oboeqnenti yeneratione suspiciens, p. 303 c.) Xp6vov de npoUvros npoa- 

non jam nt amicum animae coeequa- <l)3€ip€T(u wapBtvc^ ripl, koi efoTrar^- 

lem, sed tamquam novse yitse pa- aas t^v irapOtvov dnb rrjs iXnidog 

rentem. Denique, ille demulsus ejus avrrfv re kqi €avT6v Kareairaaf, kqI 

obseqniis, in tantum dilectionis im- t^i^ (jySopav car€pya(rdfA€voSf €(€ovTm 

iPCnMB merito provocatus est; ut, rrjs €KKkrja-ias vno rov td/ov irarp6t' 

da aaecnlo excedens, arcessitione ^v yap avrov 6 ncer^p di vn-ep/SoXi^v 

jam proxima commendaret illi con- evXxi^e/af r&v diaxJMP&v, koI v<f>6^pa 

jngan ac liberos suos, et quern fe- rrj^ dkfj$tia£ (nifUXofuvwp, dioYrpe- 

cerat de aectae commnnione partici- iriiov eV tq ttjs iirio'Kojnjs Xeirovpytg . 
pern, postmodum faceret pietatis ^ Ap. Euseb. 1. 7. c. 30. (v, i. p. 

lieredem. 363. 31.) 'Hvayicdo'^/iev ow dvri- 

^ Ep.3^.[aL40.] (0.33^.). . Qui- Ta(r<r6ii€vov oMv rf Gef jcal /bti) 

qoe [Numidicas prBSD3rterj uxorem tlxovra €KKffpv(apTts, rrtpov omt ah* 

■dhcrentem lateri suo, concrematam rov t§ koBoKucj iKKkfiauf, /caraor^o'at 

aimnl com csetcsu^ Fd cofEuervatam arlaiamop Ocov irpovouf , i»« icrstU 



70 Ldics (if the Chnrrh \\ 

was bishop of the same place before him. It were easy to add 
abundance of more such instances ; but these are sufficient to 
shew that men of all states were admitted to be bishops and 
presbyters in the primitive ages of the Church. 
Phe vanity 6. The most learned advocates of the Roman Communion 
my pre- have never found any other reply to all this, save only a 
groundless pretence of their own imagination, that all married 
persons, when they came to be ordained, promised to live 
separate from their wives by consent, which answered the 
vow of celibacy in other persons. This is all that Pagi<>* or 
Schelstrate^^ have to say in the case, after all the writers that 
have gone before them ; which is said not only without proof, 
but against the clearest evidences of ancient history, which 
manifestly prove the contrary. For Novatus, presbyter of 
Carthage, whose case Pagi had under consideration, was cer- 
tainly allowed to cohabit with his wife after ordination ; as ap- 
pears from the charge that Cyprian^ brings against him, that 
he had struck and abused his wife, and thereby caused her to 
miscarry ; for which crime he had certainly been thrust out, 
not only from the presbytery, but the Church also, had not 
the persecution coming on so suddenly prevented his trial and 
condemnation.' Cyprian does not accuse him for cohabiting 
with his wife, or begetting children after ordination, buf for 
murdering his children which he had begotten; which wafi 
indeed a crime that made him liable both to deposition and 
excommunication ; but the other was no crime at all, by any 
law then in force in the African or in the Universal Church. 
There seems indeed in some places to have been a littie 
tendency towards introducing such a law by one or two 

afi€6a, r6v rov fiaicapiov Atiftrfrpuwov ap. Pagi, ibid. (Schelstr. p. 157. ad 

Koi circ^av^r irpoarairros 7rp6 tovtov fin. Schol. 5.) H08 omnes nihil 

T^ff avTTJs irapoucia^ vihv Ad/ivoy, Sna- aliud voluisse, quam ex matrimonio 

ai Tois trpfwova-iv tnia-KoTTif icaXoIr junctis ad sacerdotium fuisse pro- 

K€Koa-ixrjfi€yov, motos, recte adnotat Pamelius, ad- 

^ Crit. in Baron, an. 248. n. 4. dens, nullibi scriptum reperiri, hoe 

[al. 6.][ (t. I. p. 233.). . .Annotarunt postea matrimonio usos : quod om- 

n»c similiave exempla aliud non nis antiquitas semper tradiderat, 

probare, quam ex matnmonio junc- continentise legem sacris illis ordi- 

tis ad sacerdotium fuisse promotos, nibus esse adnexam, unde et canon, 

auos postea matrimonio usos osten- PudicituB custodes etiam ab uxori" 

aere debuisset Pearsonius, ut ejus bus se abstineant, 
argumentum vim haberet. ^ £p. 49. [al. 52.] p. 97. See 

** Eccles. Afric. dissert. 3. c. 4. s. 5. n. 57, preceding. 



6, J, respecting digamy and ceKba>ct/, 71 

lealoas spirits ; but the motion was no sooner made, than it was 
qoashed immediately by the prudence and authority of wiser 
men. Thus Eusebius observes, ' that Pinytus, bishc^ of Gnossus 
m Crete, was for laying the law of celibacy upon his brethren ; 
but Dionysius^^, bishop of Corinth, wrote to him, that he 
should confflder the weakness of men, and not impose that 
heayy burden upon them.' And thus matters continued for 
three centuries without any law, that we read of, requiring 
celibacy of the clergy at the time of their ordination. 

7. In the Council of Nice, anno 325, the motion was again The dergy 
renewed, that a law might pass to oblige the clergy to abstain ifbgrtr by 
from all conjugal society with their wives, which they had ^^^ Nicene 
married before their ordination. But the proposal was no 
sooner made than Paphnutius, a famous iBgyptian bishop, and 
one himself never married, vigorously declaimed against it, 
saying, 'so heavy a burden was not to be laid upon the 
clergy ; that the marriage-bed was honourable, and that they 
should not by too great severity bring detriment on the 
Church : for all men could not bear so severe an exercise, and 
the chastity of the wives so separated would be endangered 
also. — Conjugal society,' he said, * was chastity, and it was 
enough that such of the clergy as were not married before 
tiieir ordination should continue unmarried, according to the 
ancient tradition of the Church; but it was not proper to 
separate any one from his wife which he had married whilst 
he was a layman.' This said, the whole council agreed to 
stifle the motion that had been made, and left every man to 
his liberty as before. So Socrates^® and Sozomen^^ tell the 
story ; to which all that Valesius^o, after Bellarmin, has to say 
is, ' that he suspects the truth of the thing, and desires leave 
to dissent from his historians.' Which is but a poor evasion, 
in the judgment of Du Pin himself ^^ who thus reflects upon 
them for it. * Some question the truth of this story,' says 

•7 Ep. ad Pinytam, ap. Euseb. ^L, i. c. 33. (ibid. p. 41.) 
L 4. c. 23. (v. I. p. 186. II.) . . . *Ei^ 70 Not. in Socrat. loc. cit. (ibid. 

§ nimnap rrjg vapoucias imvKonov p. 30. n. I.). . . . Tola hsec narratio 

irapojcaXct, fi^ fitiph iftooriop rh mpi de raphnutio etde coelibata clerico- 

aymiat arapayKts toU odcXf^tr cVc- rum prorsus suspecta mihi vide- 

rMvtu^ r^s dc r»y noKkSw Karaaro' tur. 
XaCttrOai dtrBtptiat. 7\ Biblioth^ue t. 3. p. 353. (t. 3. , 

^ L. I. c. II. (v. 3. p. 38.) p. 318.) QudqueB-UQS doutent de i 



72 Laws of the CJiureh I^ 

he, ' but I believe they do it for fear the story might prejadioe 
the present discipline, rather than from any solid proof they 
have for it. But they should consider that this canon is purely 
a matter of discipline, and that the discipline of the Church 
may change according to the times, and that it is not neces- 
sary for the defence of it to prove that it was always uniform 
in all places/ So that in the judgment of that learned Roman- 
ist, there is no question to be made but that the Coundl of 
Nice decreed in favour of the married clergy, as the historians 
relate it did ; and that then the practice was different from that 
of the present Church of Rome, which others are so unwilling 
to have the world believe, 
id other 8. It is as evident from other Councils of the same age that 
U^^ ® the married clergy were allowed to continue in the service of the 
Church, and no vow of abstinence required of them at their 
ordination. Socrates^^ observes, that the Council of Grangra 
anathematized Eustathius the heretic, because he taught men 
to separate from such presbyters as retained their wives which 
thoy married while they were laymen, saying, their conmiu- 
nion and oblations were abominable. The deci'ee is still extant 
among the canons of that Council 73, and runs in these words : 
* If any one separate from a married presbyter, as if it were 
unlawful to participate of the eucharist, when such an one 
ministers, let him bo anathema,* The Coimcil of Ancyra 
gives leave "^^ to deacons to maiTy after ordination : * K they 
protested at their ordination that they could not continue in 
an unmarried state they might marry, and yet continue in 
their office, having in that case the bishop's licence and permis- 
sion to do it.* And though the Council of Neo-C»sarea in one 

la v^rit^ de cette histoire. Je koi rrfv Koivayicop ms fiva-os e«cXu«cy 

crois qu*il8 le font plut6t dans la cVeXcvc 

crainte qu'ils ont que ce fait ne '^ C. Gangr. c. 4. (t. 2. p. 419 a.) 

donne quelque atteinte k la disci- E? ns tioKplvoiro irapa vptafivrtpov 

pline d'a present, que parce qu'ils ytyaiitiKOTosy ins fiff XRV**^ Xttrovp' 

en aient quelque preuve solide. Mais yrjaavros avrov npotr^pas ftcroXofi- 

ces personnes devroient consid^rer jSovciv, avdBfoa Zarw, 

Sue ce r^glement est purement de ^^ C. 10. (t. i. p. 1460 d.) Auuco- 

iscipline, et que la discipline de yoc, ooym KoBiaravrait nap* avrrjv r^v 

TEgUse pent changer suivant les xaraoTao-iy ci ifiaprvpayro icai 1!^- 

temps, &c. vav XPh*'^ ytifiTJa-at, /iri ivpdfuvM 

72 L. 2. C. 43. (v. 2. p. 149. ID.) ovrtt£ iAev€w, oiroi /Atra ravra 'ff^V' 

.... IIptafivT€pov yvpaUa ^xovros, fjv aavrti eoTCHreuf cV rj imffpfai^ ota ri 

p6fjLo^ Xacjcds tl>p ffyaytTo, n^ tv\oyia¥ hnTpcmrjimi avrovfinh rot) ortaK^wov, 



t 



respectifig digamy and celibacy, 73 

canon 7^ forbids amnanied presbyters to marry after ordina- 
tioo, yet such as were married before ordination are allowed 
by another canon 7^ to continue without any censure, being only 
obliged to separate from their wives in case of fornication. 
The Council of Eliberis77, indeed, and some others in this age, 
began to be a little more rigorous toward the married clergy ; 
but it does not appear that their laws were of any great force. 
For Socrates 78 says ' eyen in his time, in the Eastern Churches, 
many eminent bishops begat children of their lawful wives ; 
and such as abstained did it not by obligation of any law, but 
their own voluntary choice. Only in Thessaly, Macedonia, 
and Hellas, the clergy were obliged to abstain under pain of 
ecclesiastical censure ;' which, he says, was occasioned ' by bishop 
Heliodore's writing his book called his Ethiopics.' So that as 
yet there was no universal decree against married bishops in 
die Greek Church, much less against presbyters and deacons. 
But the Council of Trullo, anno 692, made a difference between 
iHshops and presbyters, allowing presbyters, deacons, and all 
the inferior orders to cohabit with their wives after ordina- 
tion 79, and giving the Roman Church a smart rebuke for the 

7^ C. I. (ibid. 1480 e.) Upta^vrt- yutrh, t6 i^rjpiKhs y€V€a0M avyxaBev- 

pot ia» yrjfttj, Tfjs rd(t»s avroif fura^ dritraf avrj, mroKtjpvKTos yivrrM' rS>¥ 

riBtirBajL, cV *AvaroX^ ttovt^v yvo>fi^ anfxofU' 

^ C. 8. (ibid. p. 1481 d.) Fwi^ va>y, kcX t&p eiriaKAircav, tl koi 0ov- 

rtpot fUHXfvButra Xaucov ^vro^, ihf Xoivro, oh fiqv dvayKjj vofiov roOro 

t^tyx!^ ^aycp«ff, 6 roiovros ctr vtn^- noiovvrtiv' troXXot yap avrSiV iv r» 

pwiav A^Iy ov dvyarat' tap di Ka\ Kaip^ ttjs emo-Kojrrjs, Kal iralbas €K 

ptrii r^ X^ipormnav poi\<n)^, o^i" r$f vofuprjs yafitTrjs frcirot^<ca<riv* aX- 

Xrt amikikrai avr^v cay dc avQ, ov Xa rov p^v €v GccrcroXig tOovs apxri' 

ivtrarai txtaffai rrjs iyxHpurOtiaTjs yhs *H\wBopos, Tpcxm/ff rrjs cVct yc- 

n^TiM vrniptaiag. v6puevos' oZ Xrycroi novripara tpwrucii 

^ C. 33. (ibid. 974 c.) Placuit in fiipkia, & vios i^v Ifra^t, koi AlBitmiKh 

totom prohiberi episcopis, presby- TrpoaTjy6p€va'€' ^vXao'crcrai dc rovro 

terisy et diaconibufl, vel omnibus r6 tfOos iv Qta-a-aKoviicrj, koi avrfj Ma- 

deridfl positis in ministerio, absti- Ktdopia, koi 'EXXddt. 
nere se a conjugibus suis, et non ^9 yy. C. Trull, c. 13. (t. 6. 

genenre filiot: quicumque vero fe- p. 1147b.) 'En-fid^ cV rjj Pw/xmW 

eerit, ab honore cleiicatus extermi- tKicKrfauf iv rdfti Kavovos wapadi- 

netur. — Conf. C. Arelat. 3. c. 2. bovBai dtryvo/iifv, rov; piXKovrat 

(t. 4. p. lOi I d.) Assumi aliquem ad tioKdvov ^ npea-ffwipov d(iova6<u 

aaoerdotium non posse in conjugii xfiporovias KaOopoXoytlv, cos omirt 

vinculo conttitutum, nisi fuerit prse- rait airrav awdnrovTM yaprratg' 

missa [aL promissa] conversio. ^ptis r^ dp^o^V iia^oXovOovvrtg 

^ L. 5* C* 3^* (^* ^* P* ^9^* 13*) Kap6vi Trfs airooToXiiajs OKpifitias Kal 

^EyPMF cyo^ ml ertpov ZB09 iv Bta-- rd^tios, ra rS>v Up&v dwp&v Karit 

anki^ r«M{|MPOff xXiypne^f cxci, rfv v6pjovs trwoiKto'ia Ka\ d7r6 rov vvv 

96ftif ya^i^cnxf vplv xkifpiKhs yivtyrai, ippwadcu, /SovXdficda* |JkT)^|M»s avruv 



74 



Laws and customs in 



IV, 



contrary prohibition ; but yet laying an injunction upon U- 
shops^^ to live separate from their wives, and appointing the 
wives ^^ to betake themselves to a monastic life, or become 
deaconesses in the Church. And so the matter was altered in 
the Greek Church as to bishops, but not any others. In the 
Latin Church also the alteration was made but by slow steps 
in many places; for in Afric even bishops themselves cohar 
bited with their wives at the time of the Council of Trullo, as 
appears from one»^ of the forementioned canons of that Couur 
cil. But it is beyond my design to carry this inquiry any 
further ; what has been already said being sufficient to shew 
that the married clergy were allowed to officiate in the first 
and primitive ages, and that cehbacy in those times was no 
necessary condition of their ordination, as is falsely pretended 
by the polemical writers of the present Church of Rome. 

I have now gone through the several qualifications of the 
ancient clergy, concerning which inquiry was made before their 
ordination; I come now, in the next place, to consider the 
solemnity of the thing itself, together with the laws and cus- 
toms which were generally observed at the time of ordination. 



CHAP. VI. 

Of the ordinations of the primitive clergy, and the laws and 

customs generally observed therein. 

Ph© canons 1 . Whbn the election of a person, duly qualified according 
liuch to ^ ^^^ forementioned rules was made, then it was the bishop's 
16 read to office, or the metropolitan's, if the party elect was himself a 
>efore^e l^^^hop, to ordain him. But before they proceeded to ordina- 
•ishopsor- tion, there were some other laws and rules to be observed. 

iainedhim. 



T€Sf fj dno{rT€povvT€£ avToifs TTJs irpbs 
dKkfjXovs narh Koiphv rhv npoariKOvra 
6/uX(aff, #e. r. X. 

^ Ibid. c. 13. (a.) KaX rovro bi tls 
yvSuriv ^n€T€pa» ^\$€v, a>r tfv re 
A<f>piKjj Kal Aifivjj Koi mpois r($7rotr, 
o! tS>v €K(i(rt dfo^iXeoraroi frp6€8poi 
(rvpouctlv rais iiicus yafUTaig, Koi 
fiera rqp in avrois npotkOowrcar ;(«4- 
poTOvlap ov napcuTovvrm .... t[do(€v 
&ore pfibafjL&g t6 rotoOrov afr6 rov 
pvv ylvta&ai, «e« r. X. 



81 Ibid. c. 48. (p. 1 166 c.) H Tov 
np6s hriO'KOTrrjs frpo€bpiav cu^ayofUvov 
yvv^ Karh leoii^v wpK^tfoviav rov o2- 
leciov oifbphi irpc^iadevxBtUra, lurh. 
rhv in avr^ T^r inuriconrji ;(rcporo- 
vuof iv p^vcurnipit^ tlaim, n6pp» rrf9 
rov imaK&nov Koraytayrji tpKodofUj' 
fievtjp, Koi rrjs rov inur»5nov npopoias 
anoXavirto' tl dc Koi d^ia ifxu^iij, leal 
nphs rb rrjs dtoKoyias apafitficurBrfirf' 
rai d^itifui, 

^ Ibid. c. 13. See n. 80, preced- 
ing. 



ordinations of the clergy. 75 

For, not to mention here again the oath against simony, and 
the sabscriptions, which I hare shewed before*^ were anciently 
required of persons to be ordsdned, I must not forget to note, 
that in the African Church a rule was made in the third Coun- 
cil of Carthage®'*, and thence transferred into the African 
Code®*, * that before any bishop or other clergyman was or- 
dsuned, the ordainers should cause the canons of the Church 
to be read in his hearing, that they might not have cause to 
repent afterward that they had transgressed any of them.' 
This role was made at the instance and request of St. Austin, 
as Possidius®^ notes in his Life, who says, * that because he was 
ordained bishop of Hippo while Valerius was alive, wliich was 
contrary to the rule of the Council of Nice, which he was 
ignorant of at the time of his ordination, he therefore pre- 
vailed with the African fathers to make a decree that the 
canons of the Church should be read at every man's ordina- 
tion/ This rule impUed a tacit promise that the party ordained 
would observe the canons that were read to him; but for 
greater security it was afterward improved into an explicit 
promise by a law of Justinian ®7, which requires every clerk, 
after the reading of the canons, to profess that, as far as it 
was possible for man to do, he would fulfil what was con- 



^ Ch. 3. 8. 2. p. 35. and s. 14. etiam sategit, ut conciliis constitue- 

p. 52. retur episcoporum, ab ordinatoribus 

®* C. 3. (t. 2. p. 1 167 (1.) Placuit, deberi ordinandis, vel ordinatis, om- 

ut, ordinandis episcopis vel clericis, nium statuta sacerdotum in notitiam 

prioB ab ordinatoribus suis decreta esse deferenda. 

concilionini auribus eorum incul- ^7 Novel. 6. c. i. n.8. (t. 5. p.52.) 

centur ; ne se aliquid contra statuta Sed etiam sic eum constitutum, et 

ooncilii fecisse pceniteat. \^Labbe, ad episcopatum prspparatum, com- 

aaserant.] petens est venerabiles et undique 

^ C. 18. (ibid. 1058 d.) "Hptafv, probatas legere regulas ante ordina- 

60TC x'cporoyovficpov tiriaK&Trov ^ tionem, q\ias recta et inviolata no- 

KknptKov, np6Ttpov an6 t&p x^^P^^' ^^i^ suscipit fides, et catholica Dei 

iwyrtHr avrovt r& dcdoy/M Ml racff (Tvi^ apostolicaque disposuit, et tradidit 

iSdoir tU rki oKota avr&p ivTiOtaBai' ecclesia Et si quidem ille de- 

uwi liJi mnowrts Korii r&v Spav avv' claraverit, et dixerit prsecepta sacra- 

&dov fUTttfuXrfS&a'tv. rum regularum non se valere ser- 

^ Vlt. August, c. 8. (t. 10. ap- vare ; nullo modo ei ordinationem 

pend. p. 262 f.) Quod in seipso |^al. imponi. Si vero susceperit, et dix- 

se potftea] fieri non debuisse, ut vivo erit, quia quantum bomini est pos- 

800 episcopo ordinaretur, [postea] sibile, complebit hsec, qua his con- 

et dixit et scripsit, propter concilu tinentur, tunc monere eum, et di- 

umversalis vetitum, quod jam ordi- cere, quia, nisi hscc observaverit, et a 

natiu didicit : nee quod sibi factum Deo alienus erit, et cadet a jam dato 

dolmt, aliis Beri voluit Unde bonore ; &c. 



i 



76 LawB and customs in IV. 1 

tainod in them. Whence no doubt came those later forms of 
professing obedience to the canons of the seven general Coan- 
cils in the Greek Church ; and the oath to St Peter, taken by 
the bishops of Rome in the Latin Church, that they would 
observe the decrees of the eight general Councils. The first of 
which forms may be seen at length in Habertus^^, and the 
other in Baronius^^, and the book called Liber Diumus^, by 
the reader that is curious to consult them, 
o derk to S. Another rule to be observed in this case was, ' that 
JJJjJ^*^ every man should be fixed to some church at his ordina- 
hmu tion, and not be left at liberty to minister wherever he would, 
because of several inconveniences that attended that practice.' 
This rule concerned bishops, as well as the inferior clergy; for 
the nullatenenses of later ages, as Panormitan calls titular and 
Utopian bishops, were rarely known in the primitive Church. 
For though every bishop was in some sense ordained bishop of 
the Catholic Church, as I have shewed before ^S yet, for order's 
sake, he was always confined to a certain district in the ordi- 
nary exercise of his power. And so presbyters and all other 
inferior clergy were confined to the diocese of their own bi- 
shop, and might not be ordained unless they had some place 
wherein to exercise their function. This was the ancient cus- 
tom of the Church, which the Council of Chalcedon confirmed 
by a canon *^, * that no presbyter, or deacon, or any other eccle- 

^ Archierat. Profess. Fid. (p. et Constitutionibus apostolicorom 
496.) np6£ TouTOiv ajrob€xofiai ras pontificum, probatissimorumque ec- 
ayias Koi oiKovfuvucas tirrh avv6dovs, desise doctorum scriptis sunt com- 
ae TW€s cVl <f)v\aKJj T&v o'tirrSiv doy- mendata, id est, qiue ad rectitudi- 
Itaronv avvrjBpolo'Bria'ap, Ka$ofio\oyS>p Dem nostrsB vestneque orthodozsB 
Toifs xnr avr&p du»pi<rfjJvovs <rT«py€iv fidei a te traditionem recipiunt, con- 
ical (fivkdrrtiv Kav6vas' Koi ras ayiat servare, sanctaque octo univeraalia 
diaro^tff, Saai roU Itpois ^/uov tto- Concilia, id est ^icsenum, Constan- 
Tpd<ri Karh dia(l>6povs Koipovs koi tinopolitanum, et Ephesinum pii- 
Xp6vovs «TV7roi0rjaav, ird^ras ots oiro- mum, Chalcedonense Quintum quo- 
dcxoKToi, arvvcarodfx^H^''^^* '^^^ ^^ 4^®> ®^ Sextum item Constantmo- 
a7rotrrp€<f}oi>T€u avva!ro<rTp€<f>6fi€vos, politanum, et Septimum item Nicse- 
«e. r.X. num, Octavum quoque Constanti- 

^ An. 869. (t. 10. p. 421 e.) Ego nopolitanum, usque ad unmn api- 

N, sanctse Komanse ecclesise diaco- cem immntilate servare, et pari ho- 

nus, vel presbyter, aut episcomis nore ac veneratione digna habere, 

cardinalis electus, ut fiam per Dei &c. 

gratiam bujus sanctae apostolicse ^ Gamerii liber Diumus Roma- 

sedis bumilis minister, pronteor tibi, norum Pontificum, Paris. 1680. 4to. 

beate Petre, apostolorum princeps, [Ap. Biblioth. Bodleian. Ed.] 

&c. . . . De ceteris ecdesie dogma- ^1 3. 2. c. 5. v. i. p. 04. 

tibus sicut in universalibus Condliis ^ C. 6. (t. 4. p. 758 a.) Mrfitva dc 



*3- 



ordimaiioHS of the clergy. 



77 



sastie should be ordained at large; but be assgned «ther to 
the city-church, or 8<Miie church or oratory in the oountrr, or 
a monastery ; otherwise his ordination to be noil and void.* 
This the Latins called ordinatio localis. and the persons so or- 
dained, locales^ from their being fixed to a certain place. As 
in the Council of Valentia in Spain we find a canon ^ that 
obliges every priest, before his ordination, to give a promise 
' that he will be locaiis, to the intent that no one should be 
permitted to transgress the rules and discipline of the Church 
with impunity ;' which they might easily do, if they were al- 
lowed to rove about from one place to another. This, in the 
style of Leo^, bishop of Rome, is ' ordination founded upon a 
place,' or, as we would say now, a title ; * without which,* he says, 
' the ordination was not to be looked upon as authentic' But it 
must be observed, that a title then did not always signify a 
parochial church, or distinct cure ; for this was a rule before 
dioceses were divided into parishes : but the confinement laid 
upon men at their ordination was, that they should be fixed to 
thdir own bishop's diocese, and officiate in the place where he 
appointed them. 

3. There were indeed some few exceptions to this rule^ but Exceptions 
very rare, and upon extraordinary occasions. Paulinus and^^. 
St Jerom seem to have had the privilege granted them of 
being ordained without affixing to any church. Paulinus ^^ says 
expressly of himself, ' that he was ordained presbyter at Bar- 
celona with this condition, that he should not be confined to 
that church, but remain a priest at large.' And St. Jcrom 
giyes^^ the same accoimt of his own ordination at Antioch, 



nre. 



paramJVfM€PO£ tfruofpvrroiro, Tovr dc 
ayia avpodog Sxvpov ^x^^*' ^'^ roiav' 



TOSm 



*• C. 6. (ibid. p. 1620 a.) Nee ul- 
Imn [al. ilium saDCtoruin] sacerdo- 
tern qmapiam ordinet, qui localem 
■e fatanun primitus non sposponde- 
lit: ut per hoc nuUus a regula vel 
*— ^*^— eccletiie deviare permitta- 



tur impune. 

^ £p. 93. ad Rustic, c. i. (CO. 
t. 3. p. 1405 e.) . . .Vana est habenda 
ordinatio, quae nee loeo fandata est, 
nee auetoritate munita. 

^ Ep.6. ad Sever. (p. loi.) Nam ea 
eonditione in Barcinonensi ecelesia 
eonsecrari adductus sum, ut ipsi ec- 
elesise non alligarer; in sacerdotium 
tantum Domini, non in locum Ee- 
clesiae dedicatus. 

^ £p.6i. ad Pammach. [al. Lib. 
cont. Joan. Hierosol.] t. 2. p. 181. 
(t. 2. p. 452 a.) Si sic presbyterium 
tribuis, ut monachum nobis Qon auv 



78 Laws and customs in IV. f 

' that he was consecrated presbyter, with licence to continue a 
monk, and return to his monastery agjun.' Sozomen^^ relates 
the like of Barses and Eulogius, two monks of Edessa, ' that 
they were both ordained bishops, not of any city, but only ho- 
norary bishops within their own monasteries, out of respect to 
their eminent virtues/ And it was such a sort of ordination 
that, Theodoret says^^, Flavian, bishop of Antioch, gave to 
Macedonius, the famous Syrian anchoret, whom he drew from 
his cell in the desert only to ordain him presbyter, and so let 
him return to the desert again. These are all the instances of 
this kind which I remember in ancient history. It was not as 
yet the custom to ordain bishops partibua infidelium, that 
never meant to see their bishoprics. Though aflerages de- 
spised this rule, as Zonaras^^ complains of the Greek Cliurch, 
and Habcrtus ^ cannot but lament it in the Latin ; yet the an- 



feras : tu videris de judicio tuo. Sin t€ fitv aMv ft6kis ripts r&w tnnn^v 

autem sub nomine presbyteri toUis ayavaKTovvra Korvravtrap. cnvidi) dc 

mihi, propter quod speculum dereli- 6 Trj£ cjSdo/xodor avvarfpa»Sri kvkKos, 

qui; ego habeo, quod semper ha- koI fJKt n6i\iv tjjs dtaworiKrjs iopri^ 

bui. rj ^fi€pa, aZ6i£ aMv 6 fieyas ^Xo/3c- 

^^ L. 6. c. 34. (v. 3. p. 268. 21.). . . ay6s fifT€ir€fi}ltaro, tjjs iramfyvfKms 

Baptrrfs rt Koi EvXdycor, o! Koi eVi- KOivcnnjo'tu ir^iat irt^mKtikmv' 6 dc 

tTKonoi afiffnt) vartpov cycvco'^v, ov irp6s roifs d<f>iKOfjL€wovs, ovk air6xpif v- 

9r($Xra>r rivhs, dK\6. Tip.TJs €P€K€v, av- ulu, (<fnj, to, ijdrj yty€vrjfjJva, dXX^ 

rafjLoifi^s &<nrfp tS>p avrois irinoXi- naXiv fit ^v\€av( ffrpo^dXXco^cu 

Tfvp.€v<ou, x^ipoTovridivTts iv Tois tdt- 7rp€(rfivT€pov; r&v dc \fy6ynav, wr ov 

015 fiovaoTTj plots, dvvarbv ttrj Sis r^v aMjv cfrirc^clivc 

^ Hist. Relig. c. 13. (v. 3. part. 2. y^iporopiav, ovk cZfrv, ovft* anf>iK€TOt 

p. 1207.) *£7rcid^ 6 p.tyas ^\a^iav6s tas avrbv 6 XP^^^^ '^^^^ ^^ aw^Btts 

T^v fi€yakrjv tov Gcov noip.vrjv not- rovro TroXXaictr iblba^av, 

fiaivdv traxBijy rffp Bi rov apSpos ^ Not. in C. Chalced. c. 6. (ap. 

tpLaB^p aptrr^p, {rjbtro yap, Koi cV tols Bevereg. t. I. p. up b.) "Qairfp vup 

andpTCiP €<f}fp€T0 arSfiaa-iP') tiy€i flip (Ka<rrop tS>p apxicp€(OP T^crdc T^y irrf- 

avrhv €k rrjs rov 6povs KopiKprjst ots Xco)? €ni<TK07rop 6 x^^P^*^^^^^ ahrhv 

ypaffyris Kar avrov ytpofitprjs' r^r dc irpo^Xrjdrjpai Xeyci, ovnos t6 7raktud¥ 

fiViTTiKrjs Upovpyias npoKfififprfs, was ;(Ciporoi^i;firyoff r^adr rrjs cmeXiy- 

npoadyti t^ Bvo'iaarripia, koi tois alas Up^vs, $ biaKOPOs, fj Kkiipucbs 

Upfvo'iP ryjcaToXryft. a>r hi rikos ?- aiikSis a>poixdC(TO, C4 Koi vvp rovro 

Xafifp f) \tirovpyia, Kai rts ain^ rov' irdprrj KarantijipdprjTai, 

TO p€p,rjpvK€, {irdfirrap yhp riypdft t6 ^ Archierat. in c. 6. C. Chalced. 

yeyopos,) to pip irpSyra IKoidoptiTo, ad Hit. Ordinat. observ. 3. (P'SS'O 

Ka\ \6yois ^/SaXXcv airapTas' vtrrtpop £t banc ecclesiae legem ac aiscipli- 

dc Tr)p ^oKTrjpiap Xafitop, tltaBa yap nam antiquam esse recte in eum 

a-KrjptTTTopiPos dm r^ y^pas fiahl(ifiPj canonem Zonaras animadvertit ; d 

ibioDKfP avTOP T€ TOP dpxt€peat Kal Ka\ pvp rovro ndpTij KaTOTrajipdprjTai, 

roifs SWovst Saoi naprj<rap. {meXdp^ quamvis, inquit, ea nunc plane in 

fiap€ yap ttjp x'^^P^''^^^'^^^ ^^ ^^^ contemtum abierit, quod nobis per- 

&povs avrhp KopxKJirjs, Kai Ttjs iroBov spque legendum est. 
fxiprfs buiiTijs diroaT€pri<rfip. oKka r<J- 



ordinations of the clergy. 



79 



cient Church was more punctual in observing the laws, scarce 
erer ordaining either bishop or inferior clerk without fixing 
diem to a certain diocese, from which, without the consent of 
their superiors, they were not to remove to any other. 

4. And from hence arose a third rule about ordinations, that No bishop 
no bishop should ordain, or admit into his Church any clerk ^^^"^ 
belonging to another Church, without the consent of the bishop man's cleric 
to whom he formerly belonged. The Councils ^ are "f^^J cona^t. 
peremptory in this decree ; particularly the great Council of 
Nice^, and that of Sardica^, and the second of Aries ^, declare 
all such ordinations null and void. The first Coimcil of Car- 
thage^ extends the prohibition even to laymen belonging to an- 
other diocese : for it decrees, ' that as no clerk shall be received 
by another bishop without the letters dimissory of his own bi- 
shop; so neither shall any bishop take a layman out of another 
people, and ordain him, without the consent of that bishop out 
of whose people he is taken.' The reason of which laws was, 
that every bishop was supposed to have a peculiar right in all 
the clergy and people of his own diocese ; and it was very con- 
ducive to the peace and good order of the Church to have such 
rules maintained and observed. Only in the African Church 
the bishop of Carthage was allowed a privilege in this case, as 
he was exarch or primate of all the African provinces : for, by 
ancient custom, confirmed by a canon in the third Council of 



^ Carthag. 3. c. 21. (t. 2. p. 11 70 
-c.) Ut clericum alienum, nisi conce- 
dente ejus episcopo, nemo audeat 
vd retinere vel promovere in eccle- 
na dbi credita. — Chalced. c. 20. (t. 
4. p. 166 b.) KXi;piKovf th €KK\riaiav 
TtXovrms, KaBtos fjdrf iipiaafuv, /ii) 
M^UKU tls aXXrjs frAcior TamaBcu 
Jiuckiia-Uaf, K.r.X. — Arausic. i.e. 8. (t. 
3. p. 1 449 a.) Si quis alibi consisten- 
tem clericam ordinandum putave- 
rity priua definiat, ut cum ipso babi- 
tet. Sic qnocjue non sine consulta- 
tione ejufl episcopi, cum quo ante 
babitavit, eum, qui fortasse non sine 
causa diu ab dio ordinatus non est, 
ordinare pnesumat. 

< C. 16. (t. 2. p. 36 e.) £2 ToXfirj- 
4r«M nt v<l>apwai(rai t6v €v r^ irfptj^ 
Bionfttpturra, Koi ;(C(poroy$(rai cV r^ 



vov Tov Idiov iin(TK6nov, ol dp€xa' 
prjaev 6 iv r^ Kav6vi, €(€Ta(6fM€vog, 
&cvpos coTCD Tf xeipoTovia. 

4 C. 15. (ibid. p. 640 d.) . . . El Tis 
iiriaKoiros cf ercpar napoiKias ^ovXl;- 
6ji aXk&rpiov vTTTjpeTriv, X^P'^ ^^ 
(nryKaTaBeafots tov Idiov cVriCKOTroi;, 
CIS Tipa ^6fi6v KaTaaTrj<Tai, aKvfios 
Koi dfiefiaios rf Kardarains fj TOiavrrf 

VOfu(oiTO, 

^ C. 13. (t. 4. p. IOI2 e.) Si aliquis 
[al. Si aliquo commorationis tem- 
pore] invito episcopo suo, in aliena 
ecclesia habitans, ab episcopo loci 
clericus fuerit ordinatus, hujusmodi 
ordinatio irrita habeatur. 

• C.5. (t. 2. p. 1824 b.) Non li- 
cere [d. deberej clericum alienum 
ab aliquo suscipi sine literis episcopi 
sui, neque apud se retinere [al. deti- 
nere] nee laicum usurpare sibi de 



80 Laws and customs in IV. 

Carthage 7, which is also inserted into the African Code, the 
bishop of Cartilage is allowed ' to take a clerk out of another 
church, and ordain him for the service of any church under 
his jurisdiction;' but an exception in his particular case con- 
firms the rule in all the rest. 
Ko bithop 5. Another rule for the preservation of order in this affiur 
wother" "* ^^» that every bishop should confine himself to his own 
nuui'a dio- church, and not assume to himself the power of ordaining in 
the diocese of another man. So the Council of Antioch^, and 
those called the Apostohcal Canons^ determined, 'that a bishop 
should not presume to ordain out of his own bounds, in cities or 
countries not subject to him.' St. Austin had occasion to in^ 
sist upon this rule in the case of Pinianus, when the people of 
Hippo required him to ordain him presbyter against his will, 
and threatened, that, if he would not, they would have another 
bishop to ordain him. St. Austin told them ^^, ' that no bishop 
could ordain him in his church without first asking his leave 
and permission ; and that having given him a promise, that he 
would not ordain him against his will, he coidd not in honour 
consent that any other bishop should come and ordain him.' 
Socrates'^ says^ Epiphanius took upon him to ordain a deacon 

plebe aliena, ut eum ordinet sine vai rffv x'^*^^'^^^* [^* x^^P^^^^ 

conscientia ejus episcopi, de cujus kcu avrhv anrifuas vir6 rrjs awddov 

plebe est. nn^ovctv. 

7 C. 45. (ibid. p. 1 176 a.) . . . Fuit » C. 34. [al. 36.] (Cotel. [c. 28.] 

semper hsec licentia huic sedi, unde v. i. p. 443.) *Eiria-K07rov fitf roXfioy 

vellet, et de cujus nomine fuisset H^ t&v iavrov opav ;(€iporovuif iroc- 

conventus, pro desiderio cujusque tlcBai ctr ras fifj {moKtifUpas avr^ 

ecclesisc ordinare episcopum. — Conf. n6kfis Ij x<opor. 
Cod. Eccles. Afnc. c. 55. (ibid. p. i^^Ep. 225. [al. 226.] ad Albinam. 

1078 e.) U€pl Tov ((tipai T^ rfr«ried- (t. 2. p. 367 g.) Dicebam ego quibus 

fr^ Kapxfj^6voi, oBtv OeKti, Kkf^pucop poteram, qui ad nos in absidem 

Yfiporovflv, — Vid. ibid. (p. 1079 h.) nonoratiores et graviores ascende- 

Af c v7rrjp(€v ^ avBtvria ami t^ 6p6vt^ rant, nee a promissi fide me posse 

Tovr^, iva o6€v fjkBt, [al. ^^cXc,] Koi dimoveri, nee ab alio episcopo in 

TTcpl otovd^orc iTpo€rpaini 6v6fiaros ecclesia mihi tradita, nisi me interro- 

KOTo. rrfv €iriBvuiav cVdonyr €KKkrf(Tias gato ac permittente, posse ordinari. 
€X(ipoTovfjOrj €iri<rK07rov. >1 L. 6. c. 12. (v. 2. p. 327. 19.) 

^ C. 22. (ibid. 572 b.) *E9r(<rico7rov .... Upofropprfaat r^ cttI *I<oayvi;y 

fifj cfTcjSaiVciv dWorpuf ir6Kti rfj p.fi fiapTvpitpf airixti hi rovro ^m-h, oTjutui 

tnroKtipevi} airr^, M*?^^ X^P9 ^ avr^ rijs ir^Ktcag, Koi c(cX^a>v t^s v€fll>r, 

fi^ dui<f>€pov(rij, rjrl x^''P*^°^^ tiv6s' avva^iv t€ cfrircXco-ar, Koi didKOwov 




r • 



TOV ocicciov Tfjs x^P^^ anaicATrov* ti npSrrov fxep x'^^^P^''^^*'^^^ '" f^^ vfF 
di To\p.fia-€itp Tis ToiovTo, oKvpov (J' €p4 (KKKfjaiais voiija-dfitvoSf K. r. X. 



ordinations qftiie clergy. 81 

in the diocese of Chrysostom at Constantinople ; but Chry- 
sostom totd him, ' that he acted contrary to canon in ordfuning 
in Churches that were not under his jurisdiction.' Wliicli 
shews, that this was an onivcr^il law, prevailing both in the 
Eastern and Western Churches. And by the same rule all me- 
tropolitana with their provincial bishops were contincd to their 
own province, and might not ordain any bishop in anotber 
province, except they were invited by the bishops of that pro- 
vince to come and give them their assistance. Wliich rule was 
made in the general Council of Constantinople '>, and confirmed 
b the Council of Ephesua", upon the controversy tliat arose 
between the Churches of Cyprus and the patriarch of An- 
tioch, who laid claim to the power of ordinations in those 
Churches, but was rejected in his claim, because they were out 
of his district, and under another jurisdiction. But it is to bo 
observed, that these rules were only made for ordinary cases, 
to preserve peace and a good understanding among the bishops 
of the Church, whilst every one acted in his proper sphere, 
ud kept to those hounds and limita which the laws appointed. 
For otherwise, as I have shewed heretofore'*, every bishop 
ms a bishop of the whole Catholic Church, and in that capa- 
dty authorized to ordain, or perform any other acta of the 
episcopal office in any part of the world, upon urgent necessity 
and extraordinary occasions. As Athanasiua and Euscbius 
Samosateosis did in the times of the great prcvidency of the 
Arian heresy ; ord^ning bishops and presbyters in any pro- 
vince or diocese, though contrary to the letter of this law, in 
order to preserve the Catholic faith, and a succession of ortho- 
dox men in the service of the Church. So that this was only 
a rule for common and ordinary cases. And in Cyprus, Epi- 
phanius says''', they did not insist upon the rule at all one 



n C. a. (t. 3. p. 947 b.) 'AkX^tdw taa, et nostra rusticitas, seosu tuo 

wumfirovc imip itoimfinv fit} ht^al- et arbitiitu diffnn misericordia I>ci ! 

wa rrl x'<«>'>T«niu(, if nam SiAius Nam m»lii epiHCopi communionis 

' iadufntairruauc. noatrie et preabyterog in nostni or- 



Act. 7. Decret. de Episc, Cypr. dinaverunt provincia.quoani 

Sw before, b. a. eb, 17. e. 9. v. 1. prehendere non poteramuB, et mise- 

p. >04> 0. 40. runt ad noB diaconos et hypodiaco- 

■* B. a. 01.5. V. i.p.94. noB, quos BUBcepimua cum )(ralia. 

■* ^ ad Jmu). Hierosol. (t. 3. Et ipse coboriatus sum beatie me- 

p. 313 cO O vere beoedicta epiaco- monte Philonem eptscopum, et Banc- 

jNKiini <^pri manguetudo et boni- turn 'llieoprobuiii, ut in eccleuis 

BtHOHAH, VOL. II. O 



82 



Laws and cwtams in 



n 



among another, but any bishop ordained in any other man's 
diocese, as occasion required, without breach of charity; for 
they gave a sort of general leave to one another, as finding 
it most expedient for the Church in that province to use such a 
liberty among themselves ; though they stiffly maintained their 
privilege against tlie encroaclunents of all foreign sees, and 
more especially that of Antioch. 
Theorigi- 6. The next things to be noted in this aiFair are such as 

Dftl of the ° 

four solemn conccm the time and place of ordination. Concerning the time 
^J^^®'' there may several inquiries bo made. i. Whether they had 
originally any set and constant times of ordination, as the 
Church now has four times a year? — 2. Whether Sunday was 
always the day of ordination? — 3. Whether ordinations wore 
always confined to morning-service ? 

As to the first inquiry, it does not certainly appear that the 
Church had any constant annual times of ordination before the 
fourth century. For Habertus *^ truly observes, * that then it was 
more usual to ordain men singly, as the present occasions of every 
Church required/ Pope Leo*7 indeed derives the jejunia quatitor 
temporum, tJie fasts ofthefottr seasons of the year, which are 
now commonly called Ember Weeks, from apostoUcal tradition. 
But, as Mr. Pagi^^ and Qucsnel'^ in their censures of that 
author observe, there is notliing more usual with him, than to 
call every thing an apostolical law, which he found either in 
the practice of his own Chiwch, or decreed in the archives of 
his predecessors, Damasus and Siricius. So that all other 



Cypri, quae juxta se erant, ad meae 
autem parochise videbantur eccle- 
siam pertinere, eo quod grandis es- 
set, et late patens provincia, ordina- 
rent presbyteros, et Christi ecclesise 
providerent. 

*^ Archierat. part. 8. observ. 4. 
(p. 130.) Tunc singuli, et quidem 
rari, non vero tarn multi ac hodie 
ordinabantur. 

'^ Serm. 2. [al. 79. c. i.] de Je- 
jun. Pentecost, p. 77. (t. i. p. 316.) 
-^It. Serm. 9. [^al 94. c. i.] de Je- 
jnn. Sept. MensLs. s. de Jejun. Quat. 
Temp. p. 88. (ibid. p. 363.) — It. 
Serm. 7. [al. 92. c. i.J p. 86. (ibid. 

P- 358O 

^^ Grit, in Baron, an. 67. n. 19. 



(t. I. p. 57.) Per canones igitur, in- 
quit Quesnellus, .... nihil sdiud Leo 
intelligit, quam regulam ecclesiasti- 
cam solo usu et traditione ecclesia- 
stica firmatam, quomodo ssepe 88^ 

pius usurparc videtur Fami- 

liare itaque est Leoni, ut cum de 
apostolica traditione sermonem ha- 
bet, de ea loquatur, quam ab Apo- 
stolo Petro ecclesice Komanse reuc- 
tam putabat. Ea vero ex B. Petri 
traditione descendere existimavit, 
quae et olim observata, et decretis 
sancita inveniebat eorum ecclesise 
suae pontificum, quorum monumenta 
supererant ilia aetate. 

'9 Ap. Pagi. ibid. See preceding 
note. 



ordinatimis of the cUrgy. 83 

aatbora before Leo being nlcnt upon this matter, wc can lay 
no great stress upon his anthonty for it. Besido, lie does not 
BO mnch as once intimate, that these fa»ts were appointed upon 
the account of any set and solemn times of ordinations, but 
opon other more general reasons. So that it is not certain 
that the Chnrch bad any fixed times of ordination when Leo 
wrote, anno 450 ; and in the ages before it is more evident she 
bad not. For as to bishops, it is certain the Church never 
confined herself to any set times for the ordination of them ; 
bnt as soon as any bishop was dead, another was chosen and 
ordained in his room with all convenient speed ; and in some 
places this was done within a day or two after his decease, as 
has been shewed in a former book^. As to presbyters, and 
deacons, and others below them, it is evident also, that for the 
three first ^es they were ordmned at all times, as the occiv- 
aona of the Church required. Cyprian ordained Aurclius a 
read^ upon the first of December, as bishop Pearson'^' com- 
putes by the critical rules of calculation: and he ordfuned 
Satnms a reader, and Optatus a subdeacon, in the month of 
ADgnst"^ ; nmther of which were solemn times of ordination. 
Puilinus, who hved in the fourth century, was ordiuncd on 
ChristnasHJay, as he himself''^ informs us: yet neither was 
that one of the four days which afterwards became the stated 
times of ordination. The Roman Pontifical, under the name of 
Damasus, in the Life of almost every bishop, takes notice of the 
ordinations, which they made in the Roman province, of 
bishops, presbyters, and deacons, durmg their whole lives ; and 
always the ordinations are said to be made in the month of 
December ; which, if that book were of any great authority, 
would prove, that there was one fixed time of ordination at 



» B. a. ch. II. t-a. T. I. p. 133. 

II Annal. Cjrprian. bd. 350. n. 30. 
p. 25. (p- ao). ■ . ■ Mem* Decemhri 
iBctmla, Cyprianus cum collegia suis. 


ID carcere conatitutot epiatolam a8. 
. . . . Ut Butfra h« litene aulemniier. 


juxta morem eccleais, mittcfenturi 


Cjprianus fecit lectorem Saturn m 


ilKOBildU) dero auo, Aureliuin con- 


et hypodiaconum Optatum confeaso- 
rera.eaBquepereoademniiait; cujus 


tmonm oidinftrit lectorem, et qui- 
dem, Ut opinoT, ipait calendiB De- 


rei statim clenim suum certiorem 


cembribin,&c. 


facit epietola 39. 
2> Ep, 6. Bd Sever, (p. 100 ult. bn.) 


«Ibid.n.is. (p-'90...Scrip«U 



ewit(dBm27,m«ueAiignttoineuDte Die Domini, ijuo 1 

■dclennn Homannrn. Scripiit etiun dignBtue ett, repentina . 

eodem temporv ad MoyMn et Mazi- titudiniB — preabytenitu initiatus 

Bnnn nfiqnosqiM coofesaorM Ronue anm. 



/ 



84 



Laws and customs in 



IS 



Rome, but not four. But I confess, the credit of that book 
cannot much be depended upon for the history of the primitiye 
ages one way or other, it being of much later date than the 
title pretends ; and perhaps the author only spake of an- 
cient things according to the custom of his own times, when 
one of these four tunes might be brought into use, which seems 
to have been before the time of Simplicius, anno 467. For the 
Pontifical, in his Lifo*^', adds February to December, as it does 
also in the Life of Gelasius. And in one of the Decrees of 
Gelasius'^^ there arc no less than five stated times of ordination 
appointed, viz. June, September, December, the beginning of 
Lent, and the middle of Lent, and Saturday in the evening, in 
all these times, to be the precise time of ordination. AmalariuB 
Fortunatus*^^ takes notice of the change that was made in the 
time of Simplicius; telling us, that all the bishops of Rome 
before Simplicius made their ordinations always in the month 
of December, and that he was the first that ordained in Fe- 
bruary. Which no doubt he had from the forementioned pas- 
siiges of the Pontifical, which in some places speaks of one, and 
in others of two solemn times of ordination, but never of four ; 
which argues, that these four were not as yet determined when 
that book was written, which, with the interpolations that it 
has now, was not till after the time of Justinian, as learned 
men generally agree. So that I leave it to further inquiry, 
whether there were any such fixed times of ordination in the 
Church of Rome, as these authors mention, for four or five of 
the first centuries. Li other Churches we read of none ; but 
the instances that have been produced rather prove the con- 



24 Vit. SimpUc. (CO. t. 4. p. 
1066 a.) Hie fecit ordinationes in 
Urbe Roma tres, per mensem De- 
cembrem et Februarium, &c. [Cf. 
Vit. Gelas. (ibid. p. 1155 a.) Hie 
feeit ordinationes duas in Urbe Ro- 
ma per menses Februarium et De- 
cembrem. Ed.] 

2d £p. 9. ad Episc. Luean. c. 11. 
[al. 13.J (CO. ibia. p. 1191 c.) Ordi- 
nationes etiam presbyterorum et 
diaeonorum nisi certis temporibus 
et diebus exereeri non debent, id 
est, quarti mensis Jejunio, septimi, 
et decimi, sed et etiam quadragesi- 
malis initii, ac mediana quadragesi- 



mse die, sabbati jejunio circa vespe- 
ram noverint celebrandas. 

26 De Offic. Eecles. 1. 2. c. i. (ap. 
Bibl. Max. t. 14. p. 968 c.) Primi 
Apostolici [al. Apostoli] semper in 
Deeembrio mense .... consecratio- 
nes ministrabant usque ad Simpli- 
cium, qui fuit a B. retro quadrage- 
simus nonus. Ipse primus sacravit 
in Februario. [And Mr. Wharton in 
his Auetarium of Bp. Usher's His- 
toria Dogmatica de Scripturis et Sa- 
cris Vernaeulis (p. 363O says, — Om- 
nes Apostolicos a B, Petro, usque ad 
SimpUciumPapam, ordinationes taU" 
turn in jejunio Decembris celebrasse. 



ordinations of the clergy. 85 

trary. The inquisitiye reader will be able to furnish himself 
with many other such instances, from which it may be con- 
cluded, that the times of ordination were not fixed for four of 
the first centuries, since no ancient writer within that space 
makes any mention of them. And therefore there is no neces- 
sity, with Baronius^^ and Bellarmin ^**, to make the jejunia 
qwUwyr temporum an apostolical tradition ; but it is sufficient 
to speak of them as an useful order of the Church, founded 
upon ecclesiastical institution some ages after. 

7. The same must be said in answer to the second question. Ordinations 
whether Sunday was always the day of ordination ? It is \j ^^^^ ^j^ 
evident, that for the three first centuries it was not. For ^^l ^l of 
Mr. Pagi^^ has unanswerably proved against Papebrochius, for three 
from the most certain rules of chronology, that, before the time ce»it^>ne«- 
of Constantino, the ordinations of the bishops of Rome them- 
selves were performed indifferently upon any day of the week, 
and that the affixing them to the Lord's-day and other solemn 
festivals was the business of the fourth century. So that when 
Pope Leo says®^, *that such ordinations as were made upon 

adnotavit Ivo Camotensis in Libro tertio ecclesise saeculo tot exemplis 

MS. de Ecclesiast. Offic. c. 39. Ed.] comprobabimus, ut ea in dubium 

^ An. 57. n. 209. (t. I. p. 516 a.) revocari minime possit. In Mar- 

Ipsa<jnatuoranni temporum jejunia, tyrologio Hieronymiano, ad diem 

quae in ecclesia servari sclent, ex 28. Decembris, legitur, RonuB Fell- 

apostolica institutione sumpsisse cis et Bonifacii episcopi de ordina- 

mincipiom, sanctus Leo absque uUa tionej quas ultima verba a librario 

aabitiUione confirmat, &c. corrupta et posita loco istorum, 

^ De Verbo Dei non Scripto^ 1. 4. Episc, dies ordinationis, id est, epi- 

c 3. p- 206. (t. I. p. i^i a.) Sextum scoporum. Nam in Martyrologiis 

mendlacium est : Calixtus jejunia aliquando le^tur, Ordinatio N. epi-- 

qnataor temporum instituit : ergo sc<yn, vel episcopatus N., vel Nat ale 

nlsum est, auod sint ex apostolica episcopatus N., vel Natale cathedra, 

tnditione. Mendacium est, quod id est, S. Petri Antiochise. Quare 

Calixtus omnia instituerit quatuor S. Felix, hujus nominis primus, anno 

temponim jejunia. Ipse enim, in centesimo sexagesimo nono, die vi- 

Epist. I, dicit, se tantum addidisse cesima octava mensis Decembris, 

irnmn jemnium ad tria, quae antea quae in feriam tertiam incidebat, 

erant. Quocirca quod sanctus Leo, ordinatus est. Mitto alia exempla 

Sennon. 2. de Jejunio Pentecostes, suis locis adducenda. Post itaque 

et Sermon. 8. de Jejunio Septimi tria priora ecclesise ssecula Id morem 

Mensis, dicit, ilia jejunia esse ex inductum, ut ordinationes tam Ro- 

apostolica traditione, non pugnat manorum pontificum, quam csete* 

com decreto Calixti. rorura episcoporum, diebus Domi- 

^ Crit. in Baron, an. 67. n. 14 et nicis vel festis solemnioribus perage- 

16. [aL 18J (t. I. p. 57.) Ante con- rentur. 

stitutam a Constantino Magnoeccle- ^ £p. 81. ad Dioscor. c. i. tot« 

am pacem, pontificum Romanorum (CC. t. 3. pp. 1374, 1375.) Quod 

ordinationes quocumoue die indis- ergo a patribus, &c. 
erimioatim peractse. Hanc regulam 



86 



Laws and ctutams in 



IV. 



other days than Sundays were against the canons said the tra- 
dition of the Fathers/ he is to be understood, as before, to 
mean only the custom of his own times; if yet it was the 
custom when Leo lived : for there is some reason to doubt the 
authority either of Leo's Epistle, or that of Gelasius, who lived 
not long aftor. For Gelasius says^S * the ordinations of pres- 
byters and deacons were to be made on Saturday, in the 
evening.' So that cither one of these Epistles is spurious, 
or else the. custom varied in the same century in the Church of 
Eome. 

8. I confess Gelasius is singular in that part of his decree 
which fixes ordinations to evening service. For though the 
ancients were not always precise to a certain day of the year, 
beobiation or a Certain day of the week ; yet they more punctually ob- 
ft™i^"*^" ^^''^^ ^^^ tinie of the day, to give ordinations at morning 
service. This was a very ancient rule of the Church, as we 
may learn from the objection that was made against Novatian, 
that among his other irregulai'ities he was ordained at an 
uncanoniciil hour, &p<^ bcKirrj, at ten o'clock, or four in the 
ajtenwon, as Cornelius, in his Epistle to Fabian ^^^ lays the 
charge against him. The Council of Laodicea-^^ is still more 
punctual to the time, that ordinations should not be given 
while the hearers or catochumens were present, but at the 
time of the oblation. The reason of wliich was, that the 
person ordained might either consecrate, or at least participate 
of the eucharist at the time of his ordination. Whence Theo- 
doret, speaking of the ordination of Macedonius the anchoret, 
says it was done 3"* 7^9 fxvcmKrjs UpovpyCas TrpoKeifiiirq^, in the 
time of the mystical, that is, the communion-service. And so 
Epiphanius^^ represents the ordination of Paulinianus, St. Je- 



lieoere- 
lony osa 
11 J per- 
inned in 
lie time of 



ervice. 



'1 Ep. 9. ad Episc. Lucan. c. 11. 
[al. 13.] See before, s. 6. the last 
clause of n. 25, precisely. 

«2 Ap. Euseb. 1. 6. c. 43. (v. i. 
p. 311. 34.) Ohs wapayfvofjijvovs, Art 
09 ... . av6patrovs airkovtrrtpovs iff pi 

ras T&p iroyrip&p yofX"^^ '^ *"* P?" 
tiovpyiav, tTvyKkufrBivrai \m6 npttp 
ofiotav avT^ TtToynivfOV avBpwt<ov, 
&pa dfKorii ntBvovras koi KpanrcikStV' 
ras, iitra pias tjvayiuuTfv tiKoviicfj rivi 
/cat fwraiff. xtiptniOta-i^ ifrKrKOTrqv 



avrcD bovtHU, k. r. X. 

^ C. 5. (t. I. p. 1497 ^0 ^'P^ ^^ 
p^ bfiv ras x€ipoTovias cVl napovauf. 
dKpo<o^fV€»v yiypttrOai, 

** Hist. Reli^. c. 13. See before, 
8. 3. p. 78. n. 98. 

^ £p. ad Joan. Hierosol. (t. 2. 
P* 313 aO Et cum ministraret in 
Sanctis sacrificiis, rursus cum in- 
genti difticultate tento ore ejus or- 
dinavimus presbytenun, et itsdem 
verbis, quibus antea suaseramus. 



I — 1 1 . ordinations of the clergy , 87 

rom'B brother, whom he ordained presbyter, whilst he minis- 
tered in the holy sacrifice of the altar. But this is to be 
understood chiefly, if not only, of the three superior orders of 
bishops, presbyters, and deacons: for as to the rest, it was 
indifferent what time they were ordained, so long as it was in 
tlie church in any part of divine service. 

9. But out of the church no ordination could bo regularly Thechurdi 
performed. Though there was this difference between the ^^ J^ 
superior and inferior orders, that the one were conferred with- of ordinar 
m the sanctuary or altar-part, and the other without ; yet they 

both agreed in this, that the church was still the proper place 
to give birth to all such orders as were to be employed in any 
ecclesiastical service. And therefore Gregory Nazianzen justly 
upbraids Maximus the cynic, who intruded himself into his see 
of Constantinople*^^, tliat, being excluded from the church, he 
was ordained in the house of a minstrel ; which was also ob- 
jected to Ursinus, who was competitor with Damasus for the 
see of Rome, that he was not ordained in a church^^ but in an 
obscure corner of the hall called Sicona [Sichux], 

10. As to the ceremonies used in the act of ordination itself, Ordinatloii 
beside what has been noted before in speaking of each par- ]^u„g at 
ticular order, it will be proper to observe some things of them ^^ •l*"* 
in general. As, first, that the ordinations of bishops, pres- 
byters, and deacons were always received kneeling before the 

altar. So the author under the name of Dionysius represents 
the matter in his Rationale upon the Church's service ^^. And 
Theodoret mentions it as the customary rite, when, speaking of 
the ordination of a bishop, he says^^ < they brought him to the 
holy table, and made him kneel on his knees by force.' 

11. Secondly, the solemnity itself in giving the superior Given by 

impositioii 

impalimuB ut sederet in ordine cxxXijo-ig, dXX* eV (nro«cpv<^ r(^9 rrjs 

presbvterii. fiaaiXiKrjs rrjs €irucdKovfi€vrjs ^iKimjs, 

M Carm. de Vit. sua. (t. 3. p. 15 a.) — See the PS. at the end of ch. 7, 

Elt yiip xopavKov \v7rp6p oiiajTripiov p. 1 03. 

*Axifyrtt ol otfAvoi rt koH 6f^ <f>i' ^ De Hierarch. Eccles. c. 5. n. 7. 

\oi, sub fin. et n. 8. (t. i. p. 339 d.) ToU 

Aaov T Zxovns t&p amPktfrtw rufhs, d^ Uptwri roiv dvoly nodow ff kkiais 

KwMT rvrnvci t6p icdKurrov notfuvA k,t.\, 

YUlpavm, ov dfiframSf ovdi avv fiUf ^ L. 4. c. 15. (v. 3. p. 166. 33.) 

Kiwr yap fjw wpdOvfUis tls rh Kp€ia'' II6pt»v .... t6v 'Aptioxop ^n;^cra- 

aova, fiMvmp Tov Btiov diddoxov, Koi ircipA 

^ Vid. Socrat. 1. 4. c. 39. (v. 3. r^y Itpiuf rpoirc^oy dyaydyrtw re ical 

p. 351. 34.). . . . Xciporoyrirai ovk €v Kkivai Puurofjuvtav r^ y6wiTa, k, r. X. 



i 






88 Laws and enMoms in I? 

of bands orders was always performed by imposition of hands ami 
^^^^^' pratfer^^, AVhich is evident from St. Jerom*^ who says, * that 
imposition of hands was therefore added to complete the ordi- 
nations of the clergy, lest any one by a silent and solitary 
prayer sliould be ordained without his knowledge.' Gregory 
Nyssen '^ indeed tells us a very strange story of the ordination 
of Gregory Thaumaturgus, how Pha}dimus, bishop of Amasea, 
ordiiined him only by prayer, without imposition of hands ; for 
he wjts absent, being fled to the wilderness to avoid ordination. 
Notwithstanding which Pha^dimus consecrated him to the 
bishopric of Neo-Cajsarea, which he afterwards accepted. But 
as a learned man *^ conjectures, it is most Ukely that he had 
another ordination ; or if not, this act must pass for a singular 
instance, contrary to the common rule and established order of 
the Clmrch. The Greeks call this imposition of hands both 
X€ipoTovCa and x^ipoOcaCay as may be seen in the canons of the 
Councils of Nice'*'* and Chalcedon^^. Yet sometimes those 
words are distinguished, as in the author of the Constitutions^®, 
where he says TTpca-pvTepos xeipoOeT^l, ov \€ipoTov€t, a presbyter 
gives imposition ofltands, hut does not ordain. Where it is 
plain, that imposition of hands means not ordination, but some 

40 [The Ordination-Prayers, says ut Phsedimi consilium evitaret, no- 
the author in a manuscript note on vas subinde latebras qusereret ; Phae- 
the margin of the original edition, dimus impetu quodam divino pro- 
are spoken of by Gregory Nazian- rectus, oratione primum ad Deum 
zen, Orat. 19. al. 18. de Fun. Patr. conversa, deinde sermone ad Ore- 
The term x^iporoi/m occurs, (t. i. gorium habi to, eum, quasi jam prse- 
p. 286.) but I do not find any dis- senti manus imponeret, Deo et ec- 
tinct allusion to the prayers. Ed.] clesise isti episcopum consecravit. 

4^ L. 16. in Isai. c. 58. p. 265. Quam provinciam, Deo animum 

(t. 4. p. 694 e.). . . . XtipoTovia, id est, ejus suaviter disponente, Gregorius 

ordinatio clericorum, quse non so- more consueto, uti credi par est, 

lum ad imprecationem vocis, sed ad prius ordinatus, postea lubens sus- 

impositionem impletur manus: ne cepit. 

scilicet vocis imprecatio clandestina ^ C. 19. (t. 2. p. 37 e.) 'EfunjcT^- 

clericos ordinet nescientes. fitv dc diaKovuro'av rSiv iv ry <rx*?- 

42 Vit. Greg. Iliaumaturg. (t. 3. fian cffrao-^ftcrwv, rjrct ixrjbi x^H^^ 

p. 544 d.) *0 ^aidifios .... avrl ;(«- Btalav nva €xov(tiv, &<rrf i^anavros 

pos (wdyft ra Fpi/yopt^ tov \6you tv rots XoIkois avrcK f^€rd(f<rO€u. 

a(f>i€pu>a'ai t^ Gc^ t6v a-cufuiTiKW ov 45 Q, jg, (t. 4. p. 763 a.) Ec dc yt 

napovra. 8f^ap€vrj r^u )(€ipo6fa'iav, Koi \p6vov 

** Cave, Hist. Liter, (v. i. p. 94.) nva irapafitivaaa rfj Xcirov/iyt^, eav 

.... A Pha^dimo, Amasese antistite, t^v evrtd^ yo^^i v^piaaa'a rt)v rov 

Neo • Csesareae episcopus ordinatur, Gfot) x^P^*^» V Toiaimi dpaBtpan^f- 

modo plane mirabili et hactenus in- aBta p€Ta rov nvrfj wvatfiBeyTos, 

audito. . . . Cum enim Gregorius in 46 j^. g. e. 28. (Cotel. v. i. p. 411.) 

Bolitudinem secesserat, ne a philoso- .... Upf(rffvT€pos .... x^tpoBfrti, ov 

phiae studiis distraheretur animus, et x^^P^*^^^' 



M«- 



ordinations of the clergy. 



89 



other benediction of the Church, wherein imposition of liands 
was used as well as in ordination. Neither does x^^po^'orfa 
always signify ordination in ancient writers; though it does 
most commonly so, as Fronto Ducaeus''^ and other learned 
persons have shewed ; but sometimes it denotes no more than 
designation or election; as when Ignatius"*® uses the phrase 
XiifKnovTJaai Ocoirptapvrrjv, only to signify the election or ap- 
pointment of a messenger to go upon an errand of the Church. 
Which I note to caution the reader against mistakes committed 
by some authors, who confound ordinations with elections, for 
want of distinguishing the critical senses of words as the subject 
matter requires. 

12. I must further observe, that as the sign of the cross was The sign of 
used upon many occasions by the primitive Christians so parti- U8ed^n"r- 
cularly in their ordinations ; which we learn from Chrysostom. dination. 
who more than once mentions it upon this occasion. * K,' says 
he ^9, 'we are to be regenerated, the cross is used, viz. in bap- 
tism ; or if we are to eat the mystical food, the eucharist ; or 
to receive an ordination, we are signed with the sign of the 
cross.' Upon this account, Suicerus^*^ notes, out of the author 



^ Not. in Chrysost, Horn, i . ad Pop. 
Antioch. p. i. (Ed. Francof. 1699. 
t. 6. append, p. 2 b.) De ordinatip- 
nibua Brizianus interpres verterat, 
de electionibus : atque apud pro- 
fonos quidem scriptores x*H^^^^'^^ 
qiue proprie manuum extensionem 
Bonat, decretiun significat, vel suf- 
fragionim lationem, qua in populi 
comitiis magiertratus deferebantur, 
et x^'P*^'"*'^^^ P^^ suffragia creare; 
aed apud Christianos et sacros auc- 
tores peculiariter pro ecclesiastico- 
mm ministroram ordinatione sumi- 
tor, qui pleri(]ue per impositionem 
Bianuam accipiebant potestatem, 
&c. 

^ Ep. ad Sm3rrn. n. 11. (Cotel. 
V. 3. p. 38.) "iva ovv TtKtiov VfJLwv 
yeprjrat t6 tpyov, Koi riri y^s ical cV 
wpap^, rrprirci tls rifi^u Qtov xfipO' 
rmffi<nu r^v €KKkTjaiap vfuiip Bttmpf' 
WfOTarrfy [al. Btoirpto'pvTriv] «c. r. X. 



— Ep. ad Philadelph. n. 10. (Cotel. 
ibid. p. 85*) npcVoy (otIv v/itv> as 
€KK\Tjai(^ GfoO, ;(C(poroi^a'at dtoxo- 
vov* €if t6 irp€<r^v{rai €K€l GfoO 
irp€a'ff(i(w, K,T, X. — Ep. ad Polycarp. 
n. 7. (Cotel. ibid. p. 97.) IlpcVfc, 
UokvKapirt $€OfxaKapiaT6TaT€, avp' 
jSoi/Xiov cryayelv 6€oirp€ir€aTaTov, koX 
X€ipoTotnjaai it nva [al. riva, hv'\ 
aycnrrjTov \iav ifx^ff Koi &okvov, hs 
dvi^arrat Ocodpd/xof icaXctcr^at, k. r. X. 

^ Horn. 55. [Ed. Bened. 54.] in 
Malth. c. 16, 13 — 23. (1.7. p. 551 b.) 
K^i' dpayfvinjB^pai btrj, aravphs 9ra- 
payivfToi' Kqiv Tpa(f)TJvai tjjp ftvariK^v 
€K€ivr)v rpfxbrjv, k^v x^^P^^^^^^^fu, 
Kq,v oTiovv (Ttpov 7roifj<rai, Tram-avov 
TovTO T^s viKTfs rfpip irapioTarai ctv/a- 
iSoXoif. 

^ Thes. Eccles. in voc. axfypayU. 
(t. 2. p. 1 199. n. 2.) Manuum im- 
positio, quse fiebat ad ordinationem, 
axl>payts, consignatio, dicebatur, quia 



* [Cotelerius reads oriaKtmov in tbe text, but observes (see n. 95 in 
loc.) Anglican, rectius, ordinare diaconum, id est, designare diaconum, qui 
legationem obeat. Ed.] 



/ 



90 Laws and customs in I? 

under the name of Dionyraus, that the impoution of bandB in 
ordination was called a<ppayhj cansiffnatian, and aTa»po€iXifi 
cil^payis, consignation inform of a cross ^^9 because the sign of 
the cross was made on the head of him that was ordained. 
But no 13. As to the ceremony of unction, I have already had oo- 

nor the 'oe. casion to shew its novelty in another place ^*^; together with the 
ranony of custom of delivering some of the holy vessels into the hands of 
▼e«el8 into the person ordained ; which, Habertus says, was never used in 
2* *'*^. giving any of the superior orders, but only the inferior, by the 
ten end rule of the fourth Council of Carthage, which makes that the 
chief part of their ordination. Though Habertus^ and some 
others question the authority of that very Council, and reckon 
all its canons spurious. But that only by the way. 
OrdlnetionB 14. When the ceremony of consecration was ended, it wa3 
with the usual for the clergy then present to salute the person newly 
j^o^ ordained with the kiss qfpeace^*. And so being conducted to 

dum manum imponerent capiti, sig- nationum Concilii 4. Carthaginen* 
num crucis etiam in capita conse- sis, in quibus porrectionis instm- 
crandi faciebant. Dionysius Areo- mentorum fit aliqua mentio; mo* 
paf^ta, c. 5. de Ecclesiastica Hierar- nendus est lector, primo fieri men- 
cbia, p. 314, (rTavpo€idfj (r<f>payida tionem solius manuum impositionis 
vocat, et, p. 312, explicat mvsterium in trium ordinum hierarchiconiniy 
sacerdotalis consecrationis : Exaor^, episcopi, presbyteri, et diaconi con- 
ic, r. X. See n. 54. following. secratione : porrectionis vero calids 
^1 See the same, n. 54. [Conf. et aliorum instrumentorum in alio- 
c. 5. part. 3. n. 4. (p. 237 d.) 'H rum ordinatione. Secundo, canones 
oravpocid^r dc (T<f>payh, k.t.\» £d.] illos primos non esse Concilii Car- 
^^ B. 2. ch. 19. 8. 17. V. I. p. 239. thaginensis, nee temporis illius; sed 
^ Archierat. ad Rit. Ordinat. ex Libris Ritualibus posterioris sae- 

observ. 2. (p. 323.) Martinus culi illuc transpositos, ut alibi pie- 

Becanus, 4. narte de Sacram. Tract, nius ostenditur. 
de Ordin. Qu. 4. Conclusione 3. ^ Vid. Dionys. Hierarcb. Ecdes. 

Imjiositio manuum videtur esse ma- c. 5. part. 2. p. 367. (t. i. p. 237 a.) 

teria essentialis hujus sacramenti, et 'Eicdtrrcp dc avT&y tj (rTavpo€idffs cy- 

a Christo instituta : porrectio vero o7ffiaiP€Tai np6s rov rtXowros lipdp» 

instrumentorum pidetur esse acdden" ;(ov a^payU, koi Koff €KaiFTO¥ opop- 

talis, et ab ecclesia introducta. Con^ pija-ig Uph yiyvcrat, xal rtXtun-uAs 




fuit instituta; non autem substan^ mpfviov UpariK&v rayfi&mv dfrore- 

tialis, quam Christus prtBScripsit, MaOma. — Constit. Apost. 1. 8. c. 5. 

guia h(BC ex scripturis et antiquis (Cotel. v. i. p. 392.) Mcra r^v npoa^ 

patribus erat satis copnita, non au' tvx^ft fls rS>v dimrK^Tr^iv apa<f>€p€Ttt 

tern ilia. Addo, si hoc argumentum rrfv Bvciav eirl tS»v x^^P^^ ^^v x^^' 

valeret, posset ita optimeretorqueri: poToprj$€vros* ical Tjj liu^cy Mpovtr 

Antiqua concilia non assignat aliam (eoBto us rov avr^ buuf}€povra r6iro9 

materiam nisi manuum impositionem. napii rS»v Xoiir«y €irurK6jr9^v, irayrt^v 

Contra quae postrema Becani verba, avr6v fPiKff<r6imw rf cy Kvpl<f ^iX^- 

quia proferri possent canones ordi- pari. 



\y^5' 



ordinations of the clenjy. 



91 



bis proper station belonging to his oiSSce, if he was a bishop or 
a presbyter, he made his first sermon to the people. But of 
this, as it relates to bishops, I have given an account before. 
As it relates to presbyters in the Greek Church, where it was 
more usual for presbyters to preach, the reader may find ex- 
amples of such sermons among those of Chrysostom^^ and 
Gregory Nyssen^^, which they preached upon the day of their 
ordination. 

15. I cannot omit to mention one thing more, which should Th« •n'^- 
hare been mentioned in another place, because it was an ho- of abiahopVi 
noiff peculiarly paid to the order of bishops ; which was, that OJ"^*!©!! 
in many places the day of their ordination was solemnly kept tivaL 
among the anniversary festivals of the Church. On these days 
thejr had church-assembUes, and sermons, and all the other 
solemnities of a festival. Which appears from St. Austin's Ser- 
mon8*7, two of which were preached upon the anniversary of 
his own ordination; and in another^®, published by Sirmondus, 
be also mentions the day under the same title of his own anni- 
rersary. In a fourth *9 he speaks also of the anniversary of 
Aurelius, bishop of Carthage, inviting the people to come 
and keep the festival in Basilica Fausti, which was a noted 
ehurch in Carthage. Among the Homilies also of Leo, bishop 
of Rome, the three first are upon the anniversary of his 
asBomption to the pontificate. And a late learned critic^ has 
observed, that in St. Jerom's, and some other ancient Martyro- 
logies, there sometimes occur such festivals under the titles of 
drdinatio episcopi and natale episcopatus, that is^ the ordina- 
tion or birthday of such or such a bislwp. Which doubtless 
at first were the anniversaries of their ordination, which they 
diemselves kept in their lifetime, and which were continued in 



^ Horn, cum Preebyter esset de- 
ognatua, t. 4. p. 953. ft. i. p. 436.) 

M Horn, in suam Ordinat. (t. a. 
pp. 40. seqq.) 

^ Homm. 24. et 35. ex Quinqua- 
ginta. [al. Uom. 383. In die anni- 
Tenaria ordinationis episcopalis. (t. 
5. p. 1484 b.) et Horn. ^39. In die 
ordonationis sius, i . (t.eod. p. i3o8d.) 

^Senn. ^^. ex Quadraginta a 
Sinnondo edttia. [al. Horn. 340. In 
die ordinationis suse, 2. (t. 5. p. 



1311a.) Ed.] 

** Horn. 33. [al. III.] de Verb. 
Dom. (t. 5. p. ^63 g.) Dies anni- 
versarius ordinationis Domini Senis 
Aurelii crastinus illucescit ; rogat 
et admonet per humilitatem meam 
caritatem vestram, ut ad Baailicam 
Faueti devotissime venire digne* 
mini. 

®> Pagi, Grit, in Baron, an. 67. 
n. 14. \Si. 18.] (t. I. p. 57.) In Mar- 
tyrologio Hieronymiano, &c. See 
before, a. 7. n. 39, preceding. 



i 



92 



Forced ordinations 



IV 



memory of them after death ; by which means they came to be 
inserted into the Martyrologies as standing festivals, denoting 
there neither the day of their natural birth, nor their death, 
as some mistake, but the day of their ordination or advance- 
ment to the episcopal throne. But of this more when we come 
to speak of the festivals of the Church. 

CHAP. VII. 

The case of forced ordinations and re-ordinations considered. 

ygQ^ or- 1* ^OR the close of this book I shall add something concern- 
"■^* ing forced ordinations and re-ordinationsy which were things 
untinthe that very often happened in the primitive Church. For an- 
Jj^® ciently, while popular elections were indulged, there was no- 
thing more common than for the people to take men by force, 
and have them ordained even against their wills. For though, 
as Sulpicius Soverus complains, many men were too ambitious 
in courting the preferments of the Church; yet there were 
some who ran as eagerly from them as others ran to them ; 
and notliing but force could bring such men to submit to an 
ordination. We have seen an instance or two of this already** 
in the cases of St. Austin and Paulinus ; and ecclesiastical his- 
tory affords us many others. For, not to mention such as only 
fled or absconded to avoid ordination; such as Cyprian^, and 
Gregory Thauraaturgus^^ and Athanasius^S and Evagrius**, 
and St. Ambrose^^; there were some who were plainly ordained 



** See before, ch. a. s. 8. p. 32. 

«2i Pont. Vit. Cypr. ( Vit. p. 5.) • • • 
Judicio Dei et plebis favore, ad offi- 
cium sacerdotii et episcopatus gra- 
diim adhuc neophytus, et, ut puta- 
batur, novellus, electus est : . . Cum 
io dilectionem ejus et honorem 
totus populus adspirante Domino 
prosiliret, humiliter ille secessit, an- 
tiquioribus cedens, et indignum se 
titulo tanti honoris existimans, &c. 

®* Greg. Nyss. Vit. Thaumaturg. 
(t. 3. p. 544 a.) See ch. 6. s. 1 1 . n. 
4a, preceding. 

<^Sozom. 1. 2. c. 17. (v. 2. p. 66. 
II.).. .Tdyyc *A6a»dari6v ff>aaiv anth' 
ifnjytiv ntipaBrjvai, icac &covra fitcur- 
Bnvai npbs *AXe£avdpov rrfv iwtaKO* 
frrjv vTrodcfac^oi. 

^ Socrat. 1. 4. c. 23. (ibid. p. 



242. 9.) *En€td^ dc XP^^ voTcpoir 
Ka\ Evdypios vtto Oco^tXov tov circ- 
ckSttov AXefovdpf caf vp6s iirurKoirijv 
av\kTi<l>6(\s an€<hvy(v, k, r. X. 

^ Paulin. Vit. Ambros. [n. 8.] 
(t. 2. prspfix. append, p. 3 c.) At 
Ule cum videret nihil mtentionem 
suam posse proiicere, fugam para- 
vit : egressusque noctis medio civi- 
tatem, tum Ticinum se pergere pu- 
taret, mane ad portam civitatis Me- 
diolanensis, quae Romana dicitur, 
invenitur. . . Qui inventus cum cus- 
todiretur a populo, missa relatio 
est ad clementissimum imperatorem 

tunc Valentinianum Pendente 

ratione, iterum fugam paravit, atque 
in possessione cujusdam Leontii 
clarissimi viri aliquamdiu delituit, 
&c. 



I, a. 



and reordinations. 



93 



agidnst their wills; as Xepotian, of whom St. Jerom^* says, 
'that when his uncle Heliodore ordained him presbvter.* he 
w^ and lamented his condition, and could not forbear ex- 
pressing his anger against his ordauner, though that was the 
only time he eyer had occasion to do it/ St. Martin, bishop of 
Tours, was so averse from taking the bishopric, that he was 
forced to be drawn out of his cell bv craft, and carried under 
a guard to his ordination, as the sacred historian ^^ informs us. 
And the ordination of Macedonius, the anchoret, by Flavian, 
bishop of Antioch, was so much against his will, that they durst 
not let him know what they were about till the ceremony was 
over ; and when he came to understand tliat be was ordained 
presbyter, he broke forth into a rage against Flavian, and all 
that were concerned in the action, as thinking that his ordina- 
tion would have obliged him to another sort of life, and de- 
prived him of his retirement and return to the mountains. So 
Theodoret, in his Lives of the Eastern Anchorets ^^, relates the 
story. And that this was a very conmion practice in those 
times, appears from what Epiphanius^o says of the custom in 
Cyprus ; * that it was usual in that province for persons tliat 
fled to avoid ordination by their own bishop, to be seized by 
any other bishop, and to be ordained by them, and then bo 
returned to the bishop from whom they were fled.' Which ar- 
gues, that forced ordinations in those times were both practised 
and allowed. 

2. Nor was it any kind of remonstrance or solicitation what- no ezciue 
soever which the party could make that would prevent his or- "^mitted in 
dination in such cases, except he chanced to protest solemnly except a' 
vpon oath against ordination. For in that case he was to bo J^J^™^ 
set at hberty, and not to be ordained against so solemn a pro- oath that 
testation. This is evident from one of the canons of St. Basil, notl^ or- 



dained. 



•7 Ep. 3. [al. 60.] Epitaph. Nepo- 
tian. (t. I. p. 335 e.). . Presbyter or- 
dinatnr, Jesu bone, qui gemitus, qui 
cjulatoa, quae cibi interdictio, quae 
fnga oculonim omnium? tum pri- 
mom et ciolum avunculo iratus est. 

•8 Sulp. Sever. Vit. B. Martin, c. 7. 
(p. 471.) Ita dispositis jam in iti- 
nere civium turbis, sub quadam 
ciutodia ad civitatem [Turones] 
usque deducitnr, &c. 



^ Hist. Relig. c. 13. See ch. 6. 
s. 3. p. 78. n. 98. 

^0 Ep. ad Joan. Hierosol. (t. 11. 
P* 313 c.) Nam multi episcopi com- 
munionis nostrse et presbyteros in 
nostra ordinaverunt provincia, quos 
nos comprehendere non poteramus, 
et miserunt ad nos diaconos et hy- 
podiaconos, quos suscepimus cum 
gratia, &c. — bee ch. 6. s. 5. n. 15, 
preceding. 



94 



Forced onlinationa 



IV 



which says 71, < that they who swear they will not be ordiuned, 
are not to be compelled to forswear themselves by being 
ordained/ And this, I think, also mav be collected from tlie 
account which Epiphanius gives of his own transaction with 
Paulinianus, St. Jerom*s brother, upon such an occasion. * Pau- 
linianus,' he says 7^, 'was one of those who fled from their bishop 
for fear of ordination ; but providentially coming where Epi- 
phanius was, ho caused him to be seized by his deacons, not 
dreaming or suspecting any thing of ordination ; and when 
he came to it, he caused them to hold his mouth, for fear he 
should have adjured him by the name of Christ to set him 
free.' Thus he ordained him deacon first, and presbyter some- 
time after, in the very same manner. Which seems to imply, 
that if ho had suffered him to have made bis protestation in 
the name of Christ, he could not have proceeded to his ordina- 
tion. But it seems nothing else but such an adjuration was 
available to set him free : and that is a further argument that 
in those times men might be ordained against their wills, and 
yet their ordinations stand good, and be accounted as valid as 
any others. 
J prac- 3. But in the next age this practice was prohibited, because 
I after, ^f several inconveniences that were found to attend it. The 
»dby emperors Leo and Majorian made a law with sanctions and 
lAwi" penalties to prevent it; for they decreed 7^, * that no one 



7i Ep. Canon, c. lo. (CC. t. 2. p. 
1728 a.) Oi 6fivvovT€9 yLT) Korahix^' 
a-6ai rriv xf^porovlav, i^ofivvfifuoi fATf 
dvayicaCfcrBaxrcaf irtwpKtlv, 

72 Ep. ad Joan. Hierosol. (t. 2. 

p. 312 c.) Quuin igitur celebraretur 

collecta in ecclesia vilbp, quae est 

juxta monasterium nostrum, igno- 

rantem eum, et nuUam penitus ha- 

bentem suspicionem, per multos 

diaconos apprehend! jussiraus, et 

teneri os ejus, ne forte liberari se 

cupiens adjuraret nos per nomen 

Cbhsti, et primum diaconum ordi- 

ntx-imuss proponentes ei timorem 

IVi. rt CMnpellentes ut ministraret. 

fjt own ministraret in Sanctis 

^'.-rfv'Wk mwus eum ingenti diffi- 

;*„li»v. w^ts- ^>w ejus, urdmavimus 

"^ ^ \...^. t *i cdic. Cod. Theod. 



dum clericatus officium unicuique 
nos optionem dedisse, non legem: 
quia quamlibet sanctum onus, ut 
volentious patimur imponi, ita ab 
invitis jubemus arceri. Nonnullo- 
rum enim persuasio sacerdotum re- 
luctantibus onus istud imponit, ut 
imurovidas mentes, \'iolentiaB inter- 
ceaentis oflfensa, ad odium piae reli- 
gionis instituat. £k) ergo licentiam 
hujus praesumptionis excludimus, ut 
si quispiam probatus fuerit, vi coac- 
tus, sub conturaelia publica clerica- 
tus officia suscepisse, spontaneis ac- 
cusationibus, vel si ipse voluerit 
allegare perpessa, licentiam commo- 
demus apud judices competentes 
hujusmodi admissa damnare : ut si 
inter leges objecta constiterint de- 
cern libras auri arcbidiaconus coga- 
tur inferre ei, qui pertulerit exsol- 
vendas : dehinc si ille desistit, accu- 



4- 



and reordinations. 



95 



should be ordained against his will.' And, ' whereas some and canons 
bishops did impose the burthen of orders upon men against church. 
theip consent they granted liberty in that case, either to the 
party himself or any other accuser to bring an action at law 
against the archdeacon ; who was liable to be fined ten pounds 
of gold, to be paid to the injured party, or to the informers, or 
to the states of the city. The bishop also was to be censured 
by his superiors, and the party ordained to be set at liberty, as 
if he had never been ordained.' Pursuant to this law, John, 
bishop of Ravenna, for a transgression of thb kind, was 
threatened to be deprived of the power of ordination by Sim- 
plicius^*, bishop of Rome, anno 48a. And the third Coimcil of 
Orleans 75, anno 538, made a decree for the French Churches, 
* that if any bishop ordained a clerk against his will, he should do 
penance for the fact a whole year, and remain suspended from 
his office till that term was expired.' So great an alteration 
was there made in one age in the rules and practice of the 
Church from what they had been in the former. 

4. But I must note, that, after this correction was made. Yet a bi- 
there was still some difference to be observed between the jJlJfg^'' 
forced ordination of a bishop, and that of an inferior clerk, gainst his 
presbyter, deacon, or any other. For though the foremen- ^^4 the 
tioned imperial law gave Uberty to all inferiors so ordained to Fjvilege^to 
relinquish their office which was forced upon them, if they 
pleased, and betake themselves to a secular life again, yet 
it peremptorily denied this privilege to bishops, decreeing 76, 
'that their ordination should stand good, and that no action 
brought against their ordainers should be of force to evacuate 
or disannul their consecration.' Which seems to be grounded 



relinquish. 



satoris censibus et civitatis ordini 
profutaras : illo suae reddito voIud- 
tati, qui coactus non potuit conse- 
crari. Et quia ab ejusmodi ausu 
nee episcopum a verecundia esse 
convenit alienum, ad apostolicse 
sedifl devocetur antistitem. In ilia 
reverendissima sede notam illicitae 
praesaroptionis incurrat. 

7* £p. 2. ad Joan. Ravenn. (CC. 
t. 4. p. io6p c.) Denuntiamus au- 
tern quod si posthac quidquam tale 
prseaumpseris, et aliquem seu episco- 
pum, seu presbyterum, seu diaco- 



num, invitum facere forte credide- 
ris, ordinationes tibi Ravennatis ec- 
clesiae vel ifimiliensis noveris aufe- 
rendas. 

7^ C. 7. (t. 5. p. 397 e.) Episcopus 
qui invitum vel reclamantem prae- 
sumpserit ordinare, annual! poeni- 
tentiae subditus missas facere non 
pra'sumat. 

7« Leo, Novel. 2. ad calc. Cod. 
Theod. (t. 6. append, p. 34.) Si qui 
sane episcopus invitus fuerit ordina- 
tus, banc consecrationem nulla vio- 
lari accusatione peTm\U\mu«. 




96 



Forced ordinatians 



upon that ancient rule of the Church, mentioned in the Coumal 
of Antioch77, and confirmed in the Council of ChalcedonT*, 
'that if any bishop was ordained to a church, to which he 
refused to go, he should be excommunicated till he complied, 
or something were determined in his case by a provindal 
synod/ Which seems to authorize the using a sort of violence 
in compelling men to undergo the burden of the episcopal 
function ; agreeably to that other law of Leo and Anthemiua 
in the Jastinian Code 79, which puts this among other qualifi- 
cations of a bishop, ' that he shall be so far from ambition, as to 
be one rather that must be sought for and compelled to take a 
bishopric' Such were anciently the laws of Church and State 
relating to forced ordinations. 
M>rdina- 5. As to re'<yrdination8, before we can answer to the question 
St Sn-^ ^^^^ them, we must distinguish between the orders that were 
nuied. given regularly and canonically by persons rightly qualified in 
the Church, and such as were given irregularly by persons 
unqualified, or by heretics and schismatics out of the Church. 
As to such orders as were given regularly in the Church, they 
were supposed, like baptism, to impress a sort of indelible 
character, so as that there was no necessity upon any occasion 
to repeat them ; but on the contrary it was deemed a criminal 
act so to do. The third Council of Cartilage ^^, following the 
steps of the plenary Council of Capua, or Capsa, decreed, 
* that it was equally unlawful to re-baptize and re-ordain.' 
And those called the Apostolical Canons **^ make it deposition 



77 C. 17. (t. 2. p. 569 a.) E? ns 

imcrKonoi )^ftpo3(a'iap hnvKoirov Xa- 
(ioiVf KCLi dpiarOeis irpofordvai Xaov, 
fiff Karabf^oiTo r^v Xtirovpylav, fitl^f 
TTfldoiTo am^vat tls t^v ty^tipivQii- 
aav avT^ tKKkrjcriav, tovtov flvai 
OKoivuivrjTov, ttrr hv avayfcaor^eir ica- 

Todc^OITO, 5 SplaOl Tl TTCpi OVTOV Tf 

TfXfia avvodos rS>v Kara 1*171/ fiFop^iap 

7^ Aci. II. (t. 4. p. 691 c.) In the 
same words as the preceding quota- 
tion. 

79 L. I. tit. 3. de Episc. leg. 50. 
(t. 4. p. 95.) Tantum ah ambitu 
debet esse sepositiis, ut quaerator 
cogendus, rogatus recedat, invitatus 
effugiat : sola illi sufiragetur neces- 
sitas excusandi. 



80 C. 38. (t. 2. p. 1172 c.) lUud 
autem suggerimus, mandatum nobis, 
quod etiam in Capuensi [al. Cap- 
sensi] plenaria synodo videtur sta- 
tutum : non liceat fieri rebaptizatio- 
nes et reordinationes, vel transla- 
tiones episcoporum. 

81 C. 67. [al. 68.] (Cotel. [c. 6o.1 
V. I. p. 446.) Ei Tis cn-tVicoiros', 1} 
7rp«rfivTfpO£, ^ biaKOVot dcurcfxiv 
yfipoTopiau dcf croi napd rivos, ico- 
6mpuaB<a Koi avrbs, koi 6 x^^P^' 
Tovria'as' cc firf dctfot [al. p-riyt <ipa 
avarairf], on irapa aipmicav tx*^ 
r^v viipOToviav. Tovs yap irapa t&» 
ToiovTCdv &aimcr6ivTai ^ xfiporovti" 
Bivras, oCrt niarovs, oih'c KkrjpLKOVt 
flvai bvpaT6v, 



mined. 



J, 6. and reordinations, 97 

both for the ordainer and ordidned to give or receive a second 
ordination. St Austin ^^ says it was not the custom of the 
Catholic Church to repeat either orders or baptism. For men 
did not lose their orders ^^^ as to the internal character and 
virtue, though they were suspended from the execution of 
their office for some misdemeanour. Optatus ^'* testifies the same, 
telling us, 'that Donatus was condenmed in the Council of 
Rome, under Melchiades, for re-ordaining such bishops as had 
lapsed in time of persecution, which was contrary to the custom 
of the Catholic Church.' And others ^^ accuse the Arians upon 
the same account, for re-ordaining such of the Catholic clergy 
as went over to their party. 

6. There is indeed a passage in Optatus concerning CsBcilian, The pro- 
bishop of Carthage, which at first view seems to import, as if ^y ciS- * 
CsBcilian had been willing to have submitted to a re-ordination. H*"^ 
For Optatus®^ says * Csecilian sent this message to the Dona- tista exa- 
tist bishops, that, if Felix had given him no true ordination, as 
they pretended, they should ordain him again, as if he were 
still only a deacon.' But St. Austin ®7, who perhaps best undcr- 

A Gout. Pkurmen. 1. 3. c. 13. n. 28. givs et sanctissimus ilk episcopus, 

(t 9. p. 44 b.) Prime, quia nulla qui cum fuisset primum a catholicis 

ottenditur causa, cur iile, qui ipsum episcopis ordinatus episcopus, postea 

btptismnip amittere non potest, jus ab impio Gtorgio in laicorum nume^ 

duidi possit amittere. Utnixiique mm redactus, nihilominus ab ipso 

enim sacrameutum est: et quadam Georgio episcopus ordinatus est, in 

coasecratioDe utrumque homini da- vexatione fidelium, Et paulo post : 

tor ; illud cum baptizatur, istud cum Nisi quia atrocius gessit Theoaorus, 

ordinatur : ideoque in catholica u- cum de episcopo catholico Jit Uncus, 

trumque non licet iterari. piam damnans fidem, et subscribens 

® De Bon. Conjugal, c. 24. (t. 6. AriaiuB impietati, ut ab hteretico ite- 

p. 347 a.) Manet in illis ordinatis mm episcopus ordinetur. Idem quo- 

sacramentum ordinationis ; et, si que testatur Hieronymus in Cnro- 

afiqua culpa quisquam ab officio nico, de Cyrillo Hierosolymitano 

removeatur, sacramento Domini se- loquens. Cyrillus, inquit, cum a 

mel imposito non carebit, &c. Maximo fuisset presbyter ordinatus, 

^ L. I. p. 44. (p. 26. ult. lin.) In et post mortem ejus ita ei ab Acado 

Donatum sunt be sententise latse. eptscopo Casariensi et ceteris Aria- 

Quod confessus sit se rebaptizasse, nis episcopatus promitteretur, si or- 

et episcopis lapsis manum unposu- dinationem Maximi repudiasset, dia- 

itse ; quod ab ecdesia alienum est. conus in ecclesia ministramt. In quo 

^ Vid. Vales. Not. in Sozom. 1. 6. Ariani Donatistas videntur imitati, 

c. 26, (v. 2. p. 253. n. 4.) Porro Ariani qui utrumque factitarunt. 

non 8^nm rebaptizabiuit Catholicos, ^ L. i. p. 41. (p. 20.)* • . • A Cse- 

•ed etiam dericos eorum ad se ve- ciliano mandatum est, ut si Felix in 

nientes iterum ordinabant. Cujus se, sicut illi arbitrabantur, nibil con- 

rd insigne ezemplum habemus in tulisset, ipsi tamouam adhuc diaco- 

libeUo Precum ifarceUini presby- num ordinarent Csecilianum. 

ten, p. 8I9 sub finem : Hie est egre- ^ Brevic. Collat. cum Donatiat, die 



VaOHAM, VOL. II. H 



I 



98 Schismatical ordhiations H 

stood Csecilian's moaning, says * he only spoke this ironi- 
cally to deride tiiera, not that he intended to submit to a 
second ordination, but because he was certain tliat Felix and 
the rest of his ordainers were no traditors, as they accused 
them.' So that we have no instances of re-ordaining such as 
were regularly ordained in the Catholic Church; it being 
esteemed 'unlawful,' as Theodoret®® words it, * to give any 
man the same ordination twice. Whence neither in the trans- 
lation of bishops from one church to another do we ever road 
of a now ordination, but only of an enthronization or instal- 
ment ; as of a new matriculation of presbyters and deacons, 
when they were taken out of one church to be settled in 
another. Cyprian ^^^ speaking of his admission of Numidicus 
into his own church from another, where he was presbyter 
before, does not say he gave him a new ordination, but * only a 
name and a seat among the presbyters of Carthage.' And this 
was the constant practice of the Church in all such cases, for 
any thing that appears to the contrary, 
ihismatics 7. As to 8uch as Were ordained out of the Church by 
^ididn^ scliismatical or heretical bishops, the case was a little different. 
For the Church did not always allow of their ordinations, but 
sometimes, for discipline's sake, and to put a mark of infamy 
upon their errors, made them take a new ordination. This was 
decreed by the great Council of Nice in the case of those 
bishops and presbyters, whom Meletius the schismatic ordained 
in Egypt, after he had been deposed by his metropolitan of 
Alexandria. ' Tliey were not to be admitted to serve in the 
Catholic Church, till they were first authorized by a more 
sacred ordination,' as that Council words it in her Synodical 
Epistle^ or Directions to the Church of Alexandrm. In pur- 

3. c. i6. (t. 9. p. 571 b.) Dixerunt 89 Ep. 35. [al. 40.] (p. 225.) 

etiam ecripsisse Optatum, quod Cse- Admonitos nos et instructos sciatia 

cilianus dixerit, ' Si traditores sunt dignatione divina, ut Numidicus 

qui me ordinaverunt, ipsi veniant presbyter adscribatur presbyteronim 

et ordinent me.' Quod quidem si Cartbaginiensium numero, et nobis- 

dictum est, ideo did potuit ad illos cum sedeat in clero. 

irridendos, quibus noc mandasse ^ Ap. Socrat. 1. 1. c. 9. (v. 2. p. 

perhibetur, quoniam certus erat or- 27. 26.) Tovf xm avrov KaraaraB^V' 

dinatores snos non esse traditores. rar, yLVfmKnoripq. xtiporoviq. jSc/Sacw- 

Non enim ait, quia traditores sunt ; Stvras, Koivaprja-ai cirl rovrotr, e^* fre 

sed, ' si traditores sunt.' &c. cxccv uiv avrovs rfjv riurjv km Xct- 

^ Hist. Relig. c. 13. See ch. 6. rovpyiav, dcvrfpovr dc twcu cfcnrciv- 

8. 3. p. 78. n. 90. rot ndvray t«v cV iKaarff napoiKtif T€ 



afid reordi nations, 99 

suaoce of this decree, Theodore, bishop of Oxyrinchus, re- 
ord^ed the Meletian presbyters upon their return to the 
Church; as Valesius^* shews out of Marcellinus, and Fausti- 
nus's Petition to the emperor Theodosius : and other learned 
men^ are of the same opinion. Yet in some cases the Church 
consented to receive schismatical bishops and presbyters with- 
out obUging them to take a new ordination. As in Afric, 
St Austin** assures us, it was the custom to allow of the ordi- 
nations of the Donatists, and to admit them to officiate in what- 
ever station they served before their return to the unity of the 
Church, without repeating their ordination any more than 
their baptism. He repeats this in several places of his writings. 
And that it was so, appears both from the canons of the 
African Councils^, and the concessions made in the Collation 
of Carthage 5^, where the proposal was, * that the Donatist 

nil cVucXiTo-i^ c^cra^o/AcVwy, t&v imo mansit Integra, &c. — Cont. Cres- 

rov nfAuerarov Koi oi/XXcirovpyoi) con. 1. 2. c. II. (t. 9. jp. 415 e.) 

^iwv 'AXcfoydpov TrpoKtx^ipuriUvtav. Quain\'is enim cum apud vos ordi- 

^1 Not. in Theodor. 1. i. c. 9. nantur, non super eos invocetur 

(v. 3. p. 3a. n. 2.). . . . Falsum est, nomen Donati sed Dei: tamen ita 

qiiod asserunt viri doctissimi, eccle- suscipiuntur, ut videtur paci et uti- 

siam illis temporibos non probasse litati ecclesiae con venire. — Conf. Ep. 

reordinationes episcoporum et pres- 50. ad Bonifac. See n. 96, next pa^e. 

bytennrum. Certe Marcellinus pres- — It. Ep. 162. p. 279. [al. 43. c. 5.] 

bjrter in libello Precum, quern ob- (t. 2. p. 95 c.) Et tamen qualis ipsius 

tulit Theodoeio imperaton, diserte Beati \lelchiadis ultima est prolata 

testatnrTheodorum, Catholicum epi- sententia, quam innocens, quam in- 

BCopomurbisOxyrinchiyreordinasse tegra, quam provida atque pacifica; 

presbyteros partis MeletU. Sic enim qua neque coUegas, in quibus nihil 

scribit p. 83 : Sane hinc vult se Ca- constiterat, de coUegio suo ausus est 

thoUeum viaeri, quod et ipse quosdam removere, et Donato solo, quem to- 

MMC presbyteros seu diaconos Apol- tins mali principem invenerat, ma- 

Umii facU suasu quodam laicos, et xime culpato, sanitatis recuperandse 

eo8 iterum ordmat, ut videatur fur- optionem liberam cspteris fecit, para- 

pissinuB ittiMS ordinationis vicem re- tus communicatorias literas mittere 

ferre, quam pastus est, Theodorus etiam iis, quos a Majorino ordinatos 

igitar Catholicus, cum Meletianos esse constaret : &c. 
presbjrterofl iterum ordinavit, in eo ^ Cod. Eccles. Afric. cc. 69 et 70. 

■eratUB videtur decretum sjmodi [al. c. 68.] (t. 2. p. 109 1 a.) Ai* av- 

Nicsens. r&v tS>v AovariarStp, oirivts drfnorf 

^ >2 Du Pin, Biblioth^ue, Cent. 4. kKripiKoi diopBovfifvrjs rrjs povXrjt 

p. 251. (t. 2. p. 315.) Le concile . . . irpos rr^v KadoXiicriv ivoTrjra /LtcrcX^ctv 

permit k Melice, &c. and note I Bfkriaouv cV rais liicus ripms 

vP- 319*) on the words, — Qui est avrovg d¥ab€x$rjv(u, k. r. X. 

une espece de r^rdination. ^ Die i. c. 16. (ibid. p. 1352 c.) 

. ^ Cont. Pannen. 1. 2. c. 13. (t. 9. Sic [ecclesise] nobiscum teneant uni- 

p. 44 c). ... Si visum est opus esse tatem, ut non solum viam salutis 

ut eadem officia gererent auae gere- inveniant, sed nee honorem episco- 

bantt non sunt mrsum oruinati, sed patus amittant. 

■icut baptismus in eis, ita ordinatio 

H 2 



100 



Heretical ordinaiione 



IV. 



bishops should enjoy their honours and dignities, if they would 
return to the unity of the Catholic Church.' This had before 
been determined in the Roman Council, under MelchiadeB» 
where the Donatists had their first hearing. For there, as 
St. Austin^ informs us, it was also decreed, 'that only Do- 
natus, the author of the schism, should be cashiered ; but for 
all the rest, though they were ordained out of the Church, 
they should be received upon their repentance, in the very 
same offices and quality which they enjoyed before.' So that 
the rigour of church-discipline was quickened, or abated in 
this respect, according as the benefit or necessities of the 
Church seemed to require, 
ind bere- 8. And the treatment of persons ordained by heretics was 
ipon their ^luch of the same nature. Some canons require all such 
J*^*<> without exception to be re-ordaincd. It was so in the Greek 
n some Church, at the time when those called the Apostolical Canons 
'*'■**•' were made. For the same canon ^7 that condenms re-ordina- 
tions in the Church, makes an exception in the case of such as 
were ordained by heretics ; pronouncing their ordination void, 
and requiring them to bo ordained again. And this was gene- 
rally the practice of all those Churches, in the third centiuy, 
which denied the validity of heretical baptism ; for by much 
stronger reason they denied their ordinations. Therefore 
Firmilian98, who was of this opinion, tells us also, that the 
Council of Iconiimi, anno 256, decreed, ' that heretics had no 
power to minister either baptism, or confirmation, or ordi- 
nation.' Nay, some of those, who allowed the baptism of here- 
tics, yet still continued to condemn their ordinations. As 
Innocent ^^, bishop of Rome, who determines against such as 
were ordained by the Arians and such other heretics, • that 



^ Ep. 50. [al. 185. c. 10.] ad Bo- 
nifac. p. 87. (t. 2. p. 661 g.) Dam- 
natoque uno quodam Donato, qui 
auctor schismatis fuisse manifesta- 
tu8 est, cseteros correctos, etiamsi 
extra ecclesiam ordinati essent, in 
suis honoribus suscipiendos esse 
censuerunt. 

^ Can. Apost. c. 67. See s. 5. 
p. 06. n. 81. 

^ Ep. 75. ap. Cypr. p. 231. (p. 
322.) Useretico sicut ordinare non 
Ecet, nee manum imponere, ita nee 



baptizare. [Vid. Cypr. Ep. 72. ad 
Steph. p. 197. (p. 3C^.). ... Si au- 
tern in ecclesia non sunt [hereticij 
immo et contra ecclesiam fadont^ 
quomodo baptizare baptismo eccle- 
siae possunt ? £0.] 

w Ep. 18. ad Alexandr. c. 3. (CC. 
t. 2. p. 1269 d.). . . . Non videtur de- 
ricos eonim [Arianorum] cum sa- 
cerdotii aut ministerii cujuspiam 
suscipi debere dignitate; c[Uoniam 
iis [al. quibus] solum baptisma ra- 
turn esse permittimus, quod utique 



and recrdinations, 101 

fthej were not to be admitted with their honours in the 
Catholic Church; though their baptism might stand good, 
being administered in the name of the Father, and of the Son, 
and of the Holy Ghost.' In another place ^ he says, it was the 
ancient rule of the Church of Rome to cancel and disannul 
all such ordinations; though in some places, he owns'^, they 
were allowed: for 'Anisius, bishop of Thessalonica, with a 
Council of his provincial bishops, agreed to receive those, whom 
Bonosus, an heretical bishop of Macedonia, had ordained; 
that they might not continue to strengthen his party, and 
thereby bring no small damage upon the Church.' Libcrius 
not only admitted the Macedonian bishops to communion, but 
also allowed them to continue in their office, upon their sub- 
scription to the Nicene Creed, and abjuration of their former 
heresy; as Socrates 3, and Sozomen^, and St. Basil ^, and 
others testify. In France the custom was, in the time of Clo- 
doveus, to give a new imposition of hands to the Arian clergy 
that returned to the Catholic faith, as appears from the first 
Council of Orleans^, which made a decree about it. But that 

in nomine Patris, et FUii, et Spiri- s L. 4. c. 13. (v. 2. p. 224. 10.) 'O 

tna Sancti perficitur, &c. dc [Ac^cpcosl avrovs Trpoo-bfiao-Bcu 

^ £p. 22. ad Episc. Macedon. c. 5. ovda/i»ff e/SovXcro, k. r. X. 

Sid. p. 12^4 c.) Anisii quondam ^ L. 6. c. 10. (ibid. p. 231. 36.) 

tiis noatn, aliorumque consacer- 'AjroiajpvTTova'i .... naa-av aipfo-ip 

dotnm smnma deliberatio baec fiiit, ivavriovfiivrfv t§ mtrrei r$s cV Nt/ea/^ 

nt qoo8 Bonosus ordinaverat, ne <rvv6dov . . . . a>r dc tovt<op €yy pa<f)ov 

cum eodem remanerent, ac, ne fieret Sfiokoyiav avrav TKaP€ Atfitptos, €koi- 

TaL ac fieret non] mediocre scanda- Monjo-cir avrois, 

ram, ordinati reciperentur. . . . Jam ^ £p. 74. [al. 263.] ad Episc. 

ergo quod pro remedio ac necessi- Occident, (t. 3. part. 2. p. 588 c. 

tite tempons statutum est, constat n. 2.) Kat ovrcag airfXaBeU r^r cVi- 

primitus non fuisse. (rKorrrls, dih t6 cV [t^] Mikinvfj irpo- 

3 [Bonosus is called bishop of Kadrjpjja-dai, 6d6v tavr^ rfjs ajroKora- 

Macedonia, not because he was of arda'€<as €n€v6rja't, r^v tts [al. o>r1 

the province of Macedonia, but of vfias ad^t^iv* koI riva fih tariv, a 

the larger district called the diocese Trpotrdori avr^ iraph. rov fiaKapnard- 

of Macedonia, in the Notitiae of the rov enuTK&irov Ai$€piov' riva be, A 

Empire and the Church. Learned auror aw€6€To, ayvoovp^v* nkriv ^rt 

men were a long time at a loss to eirurrok^v iKdfiia-tv airoKaBKrrSxrav 

tell what see he was bishop of. aMu, fjv eiribtl^s rjj Karh Tvavff, 

Baronius and Petavius profess them- cnWd^, airoKaTiorrj r^ rdirip, 

selves entirely ignorant of it; Chris- ^ C. 10. (t. 4. p. 1406 d.) De hse- 

tianufl Lupus sajrs he was bishop of reticis clericis, qui ad fidem catho- 

Sirmium ; but smce Gamerius pub- hcam plena fide ac voluntate vene- 

liahed the works of Marius Merca- rint .... id censuimus observari, ut 

tor, it appears that he was bishop of si clerici fideliter convertuntur, et 

Sardica : for Mercator gives him the fidem catholicam integre confiten- 

tide of Bonosus Sardicenais. Ed,] tvur, vel ita dignam viteon moTvim «1 



102 Heretical ordinations I\ 

perhaps does not mean a new ordination, but only such s 
reconciliatory imposition of hands, as was used to bo ^ven to 
penitents in absolution. But if otherwise, it proves that the 
Church had different methods of proceeding in this case, as 
she judged it most expedient and beneficial for her senrice; 
sometimes reversing and disannulling the ordinations of he- 
retics for discipline's sake, and to shew her resentments of 
their errors ; and sometimes allowing them to stand good for 
her own sake, to prevent greater scandals, and to encourage 
the straying people to return with their leaders to the unity of 
the Catholic faith. Upon which account the general Council 
of Ephcsus7 made an order concerning the Massalian heretics, 
otherwise called Euchites and enthusiasts, * that if any of their 
clergy would return to the Church, and in writing anathema- 
tize their former en'ors, thev should continue in the same 
station they were in before; otherwise they should be de- 
graded, and enjoy neither clerical promotion nor communion 
in the Church.' The Council of Nice ^ is thought to have made 
the like decree in favour of the Novatian clergy, only giving 
them a i*econciliatory imposition of hands by way of abso- 
lution, not re-ordination. And there is nothing more certain, 
than that the African fathers so treated the Donatists. Parti- 
cularly St. Austin, in all his writings, pleads as much for the 
validity of heretical ordinations as heretical baptism ; and says 
further 9, * that when the Church judged it expedient not to 
suffer the Donatist bishops to officiate upon their return to the 



nctuum probitate custodiunt, offi- in alio quopiam gradu ecclesia?, ex- 

cium, quo eos episcopus dignos esse cidant et a clero, et a gradu, et a 

censuerit, cum impoBitse inanus be- communione : laid vero anathema- 

nedictione suscipiant. tizentur. 

7 Act. 7. Decret. cont. Messa- ® C. 8. (t. 2. p. 32 e.) Ilrpl t&p 

lianitas. (t. 3. p. 809 b. c.) Placuit 6vofxa(6vTOiv fiiv iavrovs KaBapovs 

. . . . ut omnes, qui per universam frore, trpovtpxoiiivtav dc rrj KaOoKucj 

provdnciam hseretici Messaliani vel eKKkrja-iaf tfbo^e rfj ayiq. koi fieyakjj 

Entbusiastse sunt, vel de ejus bsere- awdd^, &aT€ x^'po^^rov/icvovr av- 

Reos morbo suepecti, sive clerici sive tovs fi€V€iv ovt<os «v r^ xX^p^. 

laici sint, conveniantur : et si qui- ^ Cont. Parmen. 1. 2. c. 13. (t. 9. 

dem anatbematizaverint, juxta ea p. 44 c). . . . Et cum expedire hoc 

qusB in prsedicta synodo scripto judicatur ecclesice, ut prsepositi eo- 

pronuntiata sunt, in scriptis ; si rum venientes ad catbolicam socie- 

clerici fuerint, maneant clerici ; si tatem, honores suos ibi non admi- 

laici, ad coromunionem admittantur. nistrent ; non eis tamen ipsa ordina- 

Quod si renuerint anathematizare ; tionis sacramenta detrabuntur, sed 

si presbyteri vel diaconi fuerint, vel manent super eos. 



and reordiiiatioM. lOS 

Church, she did not thereby intend to deny the reality or va- 
fidity of their ordination, but supposed that to remain still 
perfect and entire in them.' And this is wliat St. Austin 
meant by t/ie M^crament of ordination, as he words it, or the 
indelible character, which was thereby imprinted ; that though 
a man turned apostate, or was suspended or deprived for any 
crime, yet, if upon his repentance and satisfaction the Church 
thought fit to admit him to officiate again, there was no neces- 
sity of giidng him a new ordination, no more than a new 
baptism, for the character of both remained entire. This was 
the doctrine and practice of the African Church, and most 
others, in the time of St. Austin. 



[P. S. On the word Sicona or Sicina, 8.9. p. 87, in coDnection with n. 37^ 
The author's original edition has Sicona, which is repeated in the folio 
reprint of 1726, and in other more recent editions. Sicina, which Gri- 
Bchovios employs in his Latin version, seems more in accordance with the 
Greek of Socrates, who calls the place' where Damasus was said to have 
been ordained 'Suclvfj, I have taken great pains to find some explanation 
or recognition of this latter term, but without success ; no Lexicon, or 
Glossary, or Commentator affording me any information as to what this 
basiUea or hall was, or why it was called liKivrj. I presume it was some 
public building, or court-house, or council-room at Rome, and known to 
the contemporaries of the historian by a name as familiar then as now it 
is obscure. The anonymous translator of Socrates (Bagster, Lond. 1844, 
8vo. p. 350.) calls it the palace of Sicinius, for which rendering he very 
quietly gives us no authority. Truly it reads well enough in English, but 
is no fJEur version of the Greek. The historian too is speaking of a sort of 
Nag^S'Head-ordination, which my learned ancestor implies was the very 
point against Ursinus, or Ursicinus. Perhaps the term Sicinii, which is 
Valerius's translation of ^iKivrjs, and is repeated by Reading, Cantabr. 
1720, may have led the Editor of Mr. Bagster's publication astray. But 
see the Vita Damasi, ap, Labb, {CC, t, 2. p. 859 c.) where we read . . Et 
tie constituhu est Damasus, et Ursicinum efecerunt ab urbe, et constituerunt 
eum Netqtoli qnscopum, Binius, in his not. ad loc, says .... Pars adversa, 
aUquanto ten^pore post, Ursicinum pseudopontificem creat, atque basilicam 
Sicinii oca^at. This throws some light on the doubtful term, and might 
justify a translator in rendering the passage by Me hall of Sicinius, which 
was not a church, but a public edifice and place of business. Ed.] 



104 Instances of mutual respect 



BOOK V. 



OF THE PRIVILEGES, IMMUNITIES, AND REVENUES OF THE 
CLERGY IN THE PRIMITIVE CHURCH. 



CHAP. I. 

Some instances of respect, which the clergy paid mutually 

to one another. 

The clergy 1. JH. AVING tliiis far discoursed of the necessary qualifiea- 
give enter- tions of the clergy, and the several customs observed in the 
tunmentto designation of them to the ministerial office; it will be proper 
thren tra- in the next place to speak of the respect and honour that was 
on n*^ ^^ generally paid them upon the account of their office. Under 
•ary occa- wliich head I shall comprise whatever relates to the privileges, 
exemptions, immunities, and revenues of the ancient clergy. 
Some particular marks of honour, as they were peculiar to 
this or that order, have already been mentioned in speaking of 
those orders ; but now I shall treat of those which were more 
universal and common to all orders. And here it will not be 
amiss in the first place to say something of that courteous 
treatment and finendship, wherewith the clergy of the ancient 
Church were obUged to receive and embrace one another. 
Two or throe instances of which it will be sufficient to observe 
at present. First, that wherever they travelled upon neces- 
sary occasions, they were to be entertiuned by their brethren 
of the clergy in all places, out of the public revenues of the 
Church ; and it was a sort of crime for a bishop or other clerk 
to refuse the hospitality of the Church, and take it from any 
other. The historians, Socrates ^o and Sozomen", tacitly 

1^ L. 6. c. 12. (v. 2. p. 327. 26.) (pvaji dc icamXvci Z^*^* 
. . . ,Thv flip irpcrpcmiv *ltoayyov c^ ^' L. 8. C. I4. (ibid. p. 344. I.) 



QfUMmg the clergy. 106 

reflect npon Epiphanius for an action of this nature, * that 
irhen he came to Constantinople, where Chrysostom shewed 
Iiim all imaginable respect and honour, sending his clergy out 
to meet him, and inviting him to an apartment, according to 
cDstom in his house, he refused the civiUty, and took up his 
liabitation in a separate mansion.' This was interpreted the 
same thing as breaking Catholic communion with him, as it 
prored in effect, for he came on purpose, by the instigations of 
Tbeophilus, bishop of Alexandria, to form an accusation against 
Imn. On the other hand, to deny any of the clergy the hos- 
pitality of the Church, upon such occasions, was a more unpar- 
donable crime, and looked upon as the rudest way of denying 
communion. Therefore Rrmilian^^ smartly reproves the be- 
hariour of Pope Stephen, both as insolent and unchristian, 
towards the African bishops, who were sent as legates from 
their Churches to him, Uhat he neither admitted them to 
aodience himself, nor suffered any of the brethren to receive 
them to his house ; so not only denying them the peace and 
oommimion of the Church, but the civility of Christian enter- 
tainment also.' Which was so much the greater despite and 
affiront to them, because every private Christian, travelling 
with letters of credence from his own Church, might have 
challenged that privilege upon the ' contesseration of hospi- 
tality,' as TertuUian^^ words it, and much more the bishops 
and clergy from one another. By the laws of the African 
Church, every bishop that went as legate of a provincial synod 
to that which they called a general or plenary synod, was to 
be provided of all things necessary in his travels from thig 
liberality of the Church ; as appears from a canon in the third 
Council of Carthage, which orders^*, * that no province should 
send above two or three legates, that so they might appear 

vmanritm rov narr6s kXripov iriui)' litatis, &c. [Semler (v. a. p. 19.) 

onrr. 'Ein^dytoff dc dfXor j(y ct^r reads contestatio, Ed.J 
nug KOT aifTov ^lafiokaU' irporpor ^4 Q^ 2. (t. 2. p. 1 107 c.) Placuit, 

wtig yhp €P oiKrifuuruf cicieXi/a-KurriKoiff ut propter causas ecclesiasticas, quse 

KOTOfUvtuf, ovK TivtiTXtTo. ad pemiclem plebium stepe veteras- 

1' Ep. 75. ap. Cypr. p* 328. (p. cunt, singulis quibusque annis con- 

337.). . . . Ut venientibus non solum cilium convocetur. Ad quod omnea 

pax et communio, sed et tectum et provincise, qiue primas sedes habent, 

hoepitium negaretur. de conciliis suis temos legates mit- 

^ De Prseacript. c. 30. (p. 300 a.) tant, ut et minus invidiosi minusque 

Commnnifatio pads et aopellatio bospitibus sumtuoai conventus plena 

fratemitatis et contesseratio hospita- poaait ease auctoritaa. 



1(H) I iisttt iii'rs nf' mat Ufil rt.^i»i'('f 

with K'>«- |M>iiip and ciin v, and Ix' lo>s charge to their entvr- 
tainers.' This implies that every Church was obliged, by 
custom at least, to give them entertaimnent in their passage. 
Lnd to give 2. Another instance of customary respect which the clergy 
loiMfuy ^^^^ obliged to shew to one another was, that when any 
oriTUege bishop or presbyter came to a foreign Church, they were to 
rmtiiig'.the^ be complimented with the honorary privilege o{ performing 
?f^*^ diuine offices, and consea^ating the eucharist in the church. 
This was a very ancient custom, as appears from what Irenaaus 
says of Anicetus, bishop of Rome, that when Polycarp came to 
settle the paschal controversy with him^*, vap€\iiprj(r€P riiv ci- 
XapurrCav r<p UokvKipTfta, which does not barely signify he gave 
him the eucharist, as the first translators of Eusebius render 
it, but he gave place to him, or liberty to consecrate the 
eucharist in his church. The Council of Aries ^^, which turned 
this custom into a law, uses the very same expression about 
it, ' that in every chiu'ch they should give place to the 
bishop, that was a stranger, to offer the oblation or sacrifice.' 
And the fourth Council of Carthage ^7 more plainly, * that 
a bishop or presbyter visiting another church shall be received 
each in their own degree, and be invited to preach and conse^ 
crate the oblation.' So they were to be admitted to all the 
honours which the Church could shew them, the bishop was 
to scat his fellow-bishop in the same throne with himself, and 
the presbyters to do the same by their fellow-presbyters. For 
that the canon means by receiving them in their own degree. 
Which custom is referred to by the Catholic bishops in the 
Collation of Carthage'^, whore they promise the Donatist 
bishops, * that if they would return to the Church, they should 
be treated by them as fellow-bishops, and sit upon the .same 

1^ Ep. ad Victor, ap. Euseb. 1. 5. nire, placnit iis locum dari ut offe* 

c. 24. (v. I. p. 249. 10.) TovT«v ov- rant. Ed.] 

T«ff fv^vTiav €KoiPci>yrjaxiv tavrois' <cal '7 C ^^^ (t. 2. p. 1203 *•) ^* ®P'' 

-cV TQ tKKKija-uf irap€xo>pTfO'€v 6 ^AvUrj- Bcopi vel presbyteri, si causa visen- 

Tos rrfv ruxupurriav r^ HoKvKdimip dee [al. visitanaae] ecclesiae alterius 

icar ivTpojT^v brfKovin, kclI ptr tU episcopi, ad ecclesiam veneiint, et 

pTfVfjv mr aWrfXav dirtiWayrfoup, in gradii suo suscipiantur, et tarn 

K. T.\, ad verbum facienaam, quam ad 

1^ Arelat. i. c. 20. [al. ip.] Ut oblationem consecrandam, inviten- 

peregrino episcopo locus sacrincan- tur. 

di detur. [I^bbe (t. i. p. 1427 b.) i^ Die i. c. 16. (ibid. -p. 1352 d.) 

reads the canon thus, — De episcopis Sicut pereffrino episcopo juxta con- 

peregrinis, qui in urbem solent ve- -sidente couega. 



\ 



^> j. among the clergy, 107 

thrones with them, as strangers were used to do.' The author 
of the Constitutions joins all these things together, saying ^9, 
' Let the bishop that is a stranger sit with the bishop and be 
invited to preach, let him also be permitted to offer the eucha- 
rist, or if in modesty he refuses it, let him at least be con- 
strained to give the blessing to the people.' 

8. But then it is to be observed, that these honours were not Tbe use of 
to be shewed to strangers as mere strangers, but as they could /ortnata, or 
some ways give proof of their orthodoxy and Catholicism to the ^^"i^^' 
church to which they came. And in this respect the literce in this re- 
tystaticce, or commendatory letters, as they called them, were 'P®*^ 
of great use and service in the Church. For no strange 
clergyman was to be admitted so much as to communicate, 
much less to officiate, without these letters of his bishop, in any 
church where he was a perfect stranger, for fear of surrepti- 
tious or passive communion, as the Canons ^o call it. And 
bishops were under the same obligations to take the letters of 
their metropolitan, if they had occasion to travel into a foreign 
country, where they could not otherwise be known. The third 
Council of Carthage has a canon ^i to this purpose, * that no 
bishop should go beyond sea without consulting the primate of 
his province, that ho might have his fonnatce or letters of 
commendation. And that the same discipline was observed in 
all Churches, seems clear from one of those canons of the Greek 
Church, among those which go by the name of Apostolical '^2, 
which says, * No strange bishops, presbyters, or deacons shall 

1* [L. 2. C.58. (Cotel. v. I. p. 266.) (t. 2. p. 564 e.) MrfBeva iivtv elprjvi" 

E? dc ris chrh irapoiKias db(\<f>6s k&v be^^taBai tS>v ^tvcap. — C. Aga- 

iwtkBtf .., ,tl iiriaKoiros trvv r^ eV«- thens. c. 38. (t. 4. p. 1389 d.) Cleri- 

aK^irtp Ka$«C€a-6» rfjs avrrjs o^iov/xc- cis sine commendatitiis epistolis epi- 

pos vn a^Tov rifirjt, Koi tpc^a-tis scopi sui licentia non pateat eva- 

avr6v, & McKonf, rrpo(rkci\TJ(rcu 1x0 gandi. — C. Chalced. c. 11. (ibid. 

Xo^ \&yovs dtdorriKovff .... cVirpc- p. 762 a.) Hatrrai rovs irivrjTas Ka\ 

ifrriff d* ovrf ical n^v fvxaptcrriav av d(op,fvovs iniKovpias, fitrh doKifiacrias, 

mtrai' coy dc di' tvka^aav . . . , pff iniaToklois, ccrovv ilprjviKols cV«cXi;- 

fftX^tnj opwryKoV k&p €ls t6u Xaov aiacrTiKois p6vois iapifrapitv 6btv(iv, 

thXoyUof avrhv iroiriaaaBai Karavay' Koi pff avoTariKois' dta t6 tos (rvora- 

iuur€it. Orischov.^ tikos firiaroXas irpofn}K(iv rotr ovtri 

20 Vid. C. Carto. I. c. 7* (t. 2. p. p6vois iv imoXri^i irapi^fcrBai npocT' 

616 [corrige, 716] b.) Clericus vel umon, 

laicus non coniinunicet in aliena ^^ C. 28. (t. 2. p. 117 1 c.) Placuit 

plebe sine literis episcopi sui ut episcopi trans mare non profi- 

nisi hoc observatum fiierit, coromu- ciscantur, nisi consulto primse sedis 

nio fiet passiva. — C. Laodic. c. 41. episcopo, ut ab episcopo preecipue 

(t. I. p. 1504 d.) "Ort ov Bft if pari' \i^* prsecipuo] possint sumere lor- 

«^ ^ xK^pucAp /bffv KowpiK&p ypa/x- matam [vel commeiidB^aoiieECkA 

/uhwp 6d€vtiP,—C. Aniioch. c, 7. 22 c. Apost. 11. \«lV ^2,'\ ^JjCfcA. 




lOS //tsfffiicec! nj' mutual rtsj>ect 

b(* recoived Ai/ev (rvorarucii^, unless they bring ccmmendat0r\ 
letters with them; but without them, they shall only be pro- 
Tided of necessaries, and not be admitted to commnnicate, 
because many things are surreptitiously obtained.' The 
translation of Dionysius Exiguus indeed denies them necessaries 
also; but that is a manifest corruption of the Greek text, 
which allows them to communicate in outward good things, 
but not in the communion of the Church. And this is what 
some think the ancients meant by communio peregrina, the 
communion of strangers; when such as travelled without 
letters of credence were hospitably entertained and provided of 
sustenance, but not admitted to participate of the eucharist, be- 
cause they had no testimonials of their life and conversation. 
But others give a different account of this, which I shall more 
nicely examine when I come to speak of the discipline of the 
Church, under which head the communio peregrina will come 
to be considered as a species of ecclesiastical censure. 

The d«g7 4. A third instance of respect which the clergy shewed to 

obUmdto , , .i. .11 

„^^ one another was, that if any controversies happened among 

their own themselves, they freely consented to have them determined by 
lies Among their bishops and councils, without havmg recourse to the 
^•■"•^^••' secular magistrate for justice. Bishops, as I have had occasdon 
to shew before'^, were anciently authorized by the imperial 
laws to hear and determine secular pecuniary causes, even 
among laymen, when both the litigants would agree upon 
compromise to take them for arbitrators. But among the 
clergy there needed no such particular compromise ; for by the 
rules and canons of the Church they were brought under a 
general obligation not to molest one another before a secular 
magistrate, but to end all their controversies under the cogni- 
zance of an ecclesiastical tribunal. The case was somewhat 
different when a layman and a clergyman had occa^on to go 
to law together ; for then the Layman was at liberty to choose 

[c. 26.1 V. I. p. 441.) yirj^fva T&v tel.] tl dc fiffyt, ttIv XP^^ [^ ^ 

(tvav rtrurKdiroiv, fj irpccr^vrcpwy, fj irp6s rhs XP^^^^] ovroir imyppfiyrf 

diajctfveov S>f€v avaTarucSttf [ypofi/ia- crcarns* cir imivavuuf avrovs fi^ frpotr- 

Ttiv']npo<rdtxf(r6<u'[!^'if'po(ro€X€(r&€''] d€(rja6t' iroXXck yiip Ktnii avtmptrayffif 

Koi €irul>tpou€vwf [oc] avT&v, aiKUcpi' yiptrai, 

iKtrBwnuf* [mil ihv flip ^o-i K^pviccr ^ B. 2. eh. 7. v. I. p. 105. 
rijf €ltrtpt(a£f jrpoiTo€xJt<r6wra9* Co« 

* [Juxt. Vers. Dionys. Exig. e. 34. (ap. Cotel. ibid.)* • • • Nee quae sunt 
necessaria sabminiBtrentar eia, et ad communioium nullatenus admittan^ 
tv, &c. Bd.] 



among the clergy. 



109 



luB court, and was not obliged to refer his cause to any eccle- 
siastical judge, unless by compromise he brought himself under 
such an obligation. For so the imperial laws^^ in this case 
iad proyided. Though in France in the time of the Gothic 
lungs it was otherwise, for laymen there were not to sue 
a derk in a secular court without the bishop's permission ; as 
appears from a canon of the Council of Agde'^^, made under 
Alaric, anno 506, which equally forbids a clergyman to sue a 
layman in a secular court, or to answer to any action brought 
against him there, without the bishop's permission. But what- 
ever difference there was betvrixt the Roman and Gothic laws 
in this particular, it is evident, that as to any controversies 
arising among the clergy themselves, they were to be de- 
termined before ecclesiastical judges ; as appears from a canon 
of the Council of Chalcedon^e, which is in these words : * K any 
clergyman hath a controversy with another, he shall not leave 
his own bishop and betake himself to any secular court, but 
first have a hearing before his own bishop, or such arbitrators 
as both parties should choose with the bishop's approbation : 
otherwise he should be liable to canonical censure.' Which 
censure in the African Church was the loss of his place, whe- 
ther he were bishop, presbyter, or deacon, or any other in- 
ferior clerk, that declined the sentence of an ecclesiastical 
court, either in a civil or criminal cause, and betook himself to 
a secular court for justice. Though he carried his cause, and 
sentence were given on his side in a criminal action, yet he 
was to be deposed; or if it was a civil cause, he must lose 
whatever j advantage he gained by the action, as the third 
Council of Carthage ^"^ in this case determined: because he 



M Valentin. Novel. la. ad calc. 
Cod. Theod. (t. 6. append, p. 36.) 
In derico petitore consequens erit, 
Qt aecimdum leges pulsati forum 
■e^patur, si advenarius suus ad 
epiacopi vel preabyteri audientiam 
non pnratat adsensum. 

» C. 33. (t. 4. p. 1388 d.) Cleri- 
cos ne qoenqaam pnesumat apud 
■cecnlarem judicem, episco^ non 
permittente, pulsare. Sed si pulsa- 
toa foerit, non respondeat, nee pro- 
ponaty [aL respondeat, non propo- 
nat,] nee audeat crimiDale negotium 



in iudicio saeculari proponere. 

2« C. 9. (ibid. p. 759 c.) Et T« 
kkrjpiKhs np6s kkijpiK^v irpayfia ?;(oc, 
fi^ KaraXifivayira t6» oUtioif circVjco- 
irop, Koi nrt Koa^Kh HiKoarripia Kara' 
rpc;(crQ>* aXXa irp&rtpov r^v \nr6Bt<np 
yvfiva(€ri» irapii r^ cdi^ rrrurintir^, A 
yovv yvo>fijj airrov rov iirurK6iirov, trap 
ols ra dfi<f>6T€pa fi€prf /SovXcrai, rh 
fijs ^ucrjs (rvyicpoT(ia6m, €l dc ris 
wapii ravra iroi^cr€i, Kavovucois imo^ 
KtiO'6<a cfTiri/MOK. 

27 C. 9. (t. 3. p. 1 168 e.) Flacuit 
ut quisquis episcoporum, presbyte* 



110 histancts of mutual respect 

despised the whole Church, in that he could not confide in 
any ecclesiastical persons to be his judges. Many other 
Councils determined the same thing, as that of Vannes^^, 
Chalons *^^, and Mascon^^. And the Council of Milevis de- 
creed -^^ * that no one should petition the emperor to asragn 
hhn secular judges, but only ecclesiastical, under pain of de- 
privation.' So grciit confidence did the clergy generally 
place in one another, and pay such a deference to the wisdom, 
integrity, and judgment of their brethren, that it was then 
thought they had no need to have recourse to secular courts 
for justice, but they were willing to determine all controversies 
of their own among themselves. And as the imperial laws did 
not hinder this, but encouraged it, so we seldom find any eccle- 
siastics inclined to oppose it, but either some factious and tur- 
bulent men, or such whose crimes had made them so obnoxious 
that they had reason to dread an ecclesiastical censure, 
hat care 5. I shall but observe one thing more upon this head, which 
recei^g is the great care the clergy had of the reputation and ctiaracter 
?iisation8 of one another ; which being a sacred and necessary thing in 

ihops and persons of their function, they did not think fit to let it be ex- 

Tgy of 

B Church, rorum, et diaconorum, aeu clerico- tientes, ut deinceps ista debeant 
rum, cum in ecclesia ei crimen fue- emendare : et Bi prspsumptione, vel 
rit intentatum, vel civilis causa fuerit potestate qua pollent, excepta invi- 
commota, si [de^relicto ecclesiastico tatione abDatis vel archipresbyteri, 
judicio publicis judiciis purgari vo- in ipsa monasteria vel parocbias ali- 
luerit, etiamsi pro ipso prolata fuerit quid fortasse prsesumpserint, a com- 
sententia, locum suum amittat, et munione omnium sacerdotum eos 
hoc in criminal! actione [al. judicio^. convenit sequestrari. 
In civili vero perdat, quod evicent ^ C. 5. [al. 8.] (t. 5. p. 968 c.) 
[al. evicit,] si locum suum obtinere Ut nullus clericus ad judicem S8&- 
maluerit, [al. voluerit,] &c. cularem quemcumque alium fra- 
^ C. 9. (t. 4. p. 1056 a.) Cleri- trem de clericis accusare, aut ad 
cis, nisi ex permissu episcoporum causam dicendam trabere quocum- 
suorum, saecularia judicia adire non que modo pra*sumat ; sed omne ne- 
liceat. gotium clericorum, aut in episcopi 
^Cabillon. I. c. II. (t. 6. p. 389e.) sui, aut in presbyterorum, vel ar- 
Pervenit ad sanctam synodum, quod cbidiaconi prsesentia finiatur. Quod 
judices publici contra vetemam con- si quicumcjue clericus hoc implere 
suetudinem per omnes parocbias, distulerit, si junior fuerit, uno mmus 
vel monasteria, (}U8e mos est episco- de quadraginta ictus accipiat ; sin 
pis circuire, ipsi illicita pnesump- certe bonoratior, triginta dierum 
tione videantur discurrere ; etiam et conclusione multetur. 
clericos vel abbates, ut eis pnepa- ^i c. 19. (t. 2. p. 1542 a.) Placuit 
rent, invitos atque districtos ante ut quicunque ab iraperatore cogni- 
se faciant exhiberi : quod omnimo- tionem juoiciorum publicorum peti- 
dis nee religioni convenit, nee cano- erit, bonore proprio privetur. Si 
num permittit auctoritas. Unde autem episcopate judicium ab impe- 
omnes unanimiter censuimus sen- ratore postulaverit, nihil ei obsit. 



among the clergy. Ill 

posed to the malicious calumnies and slanders of every base 
and false accuser. But first in all accusations, especially against 
bishops, the testimony of two or three witnesses was required 
according to the rule of the Apostle. Therefore, when the 
Synod of Antioch proceeded to condemn Eustathius, bishop of 
Antioch, upon a single testimony, the historian ^^ censures it as 
an arbitrary proceeding in them against that apostolical canon, 
** Receive not an accusation against an elder, but before two 
or three witnesses." Secondly, the character of the witnesses 
was to be examined, before their testimony was to be allowed 
of. An heretic was not to give evidence against a bishop ; as 
may be collected from those canons which bear the name of 
the Apostles, one of which ^^ joins these two things together; 
^ Receive not an heretic to testify against a bishop ; nor a 
single witness, though he be one of the faithful ; for the Law 
saith, " In the mouth of two or three witnesses shall every word 
be established.'" Athanasius^^ pleaded the privilege of this law, 
when he was accused for suffering Macarius, his presbyter, to 
break the communion cup ; he urged, ' that his accusers 
were Meletians, who ought not to be credited, being schisma- 
tics and enemies of the Church.' By the second Council of 
Carthage^*, not only heretics, but any others that were known 
to be guilty of scandalous crimes were to be rejected from 
giving testimony against any elder of the Church. The first 

** Theodor. 1. I. C. ai. (v. 3. p. arofiaros yap dvo fj TpiS>v fJMprvp<av 

53. 3.) 'ExciM^r fiif^va trxinv paprvpa arc^ffa€Tai nav6rjfia. 
r^ tcartfyopias \tyov(Tfjs,SpKov irpod' ^ Apol. ad Constant. 1. 1. p. 731. 

Tvcyoy oi iuuu&raroi ducaarcd' koitoi (t. I. part. I. p. 234 b.) Tipoavr)Kr) bi 

Tov p6fM4w htappTibijv ^Sarros, cVl dvo irp6s <f>av€pav mrodfi^iv, tl icara^UD- 

ical Tpmp futprvpiov cSrat /9(/3aia ra attas paO€iv, ort irapovrav ptv ripMv, 

\ry6iU9a' Koi SvnKpvs rov ' ATTOomJXov ovdiv oTTc^etf av oi Karrjyopovvrti Kara 

KgXtwunot, ft^ ^ Korik npta^mpov Mtucapiov rov irpttrfixrripov' dnSirrtov 

yofOfiiiniw ypa^nrpf bixa dvo fj rputp dc ^pStv, Kara fidvas trrpa^av &ntp 

fuiorvpttv irpoad€j(€avat* aXX^ r&u tOiXtjaav' ra dc roiavra nporjyovfit' 

^tmtf o^roi v6pMv Karai(l>popri<ravT€s, vtos pAv 6 $€ios v6pot, tfnfiTa dc koi 

i§tapTvpO¥ KOT difbp^ TWTOVTov KOT' ffp^Ttpoi v6poi prjb€piap ^x'^w dvvafuv 

fiyopiap ihi^cofTO' CTrcid^ dc ofr tl- mrcdijjvapTo, 

sfifv €Ktiyij TOP opKov vpo<rr€BfiKt, ^ C. 6. (t. 2. p. ii6oe.) Placet 

fitmtra fj fi^p EwrraBiov r6 fipi- . . . . ut is, qui abquibus sceleribus 

^s f&m, a»ff Kara poixov Xoinop ol irretitus est, vocem adversus majo- 

^nkakri^K rifp ^nj<f>op i^tipryKov, res natu non habeat accusandi. — 

«• T. X. [Conf. Cod. Eccles. Afric. c. 8. (ibid. 

** C. 75. [al. 74.] (Cotel. [c. 67.] p. 1054 b.) *Ap€(r<c€» .... rovs tU ripa 

V. I. p. 440.} Eiff fMOpTvpiap lifp Kitr pi<rTi\B\. pv<Trf] ipntnKtypipovs Kara 

iwuniinv alptrutiip fihirpoad€xt<r6ai, irar4p^p <f)mp^u Karrfyopias dnoriOt^ 

-okKit fofii trurr&p tpa p/ipop' iir\ trBai. £d.] 



IIS InHancea qf mutual respect ^ 

general Conncil of Constantinople^ distinguishes the causes upon 
which an accusation^ might be brought against a bishop ; for 
a man might have a priyate cause of complaint against him, as 
that he was defrauded in his property, or in any the like 
case injured by liim ; in which case his accusation was to be 
heard, without considering at all the quality of the person or 
his religion. For a bishop was to keep a good conscience, 
and any man that complained of being injured by him was to 
have justice done him whatever religion he was of. But ' if the 
crime was purely ecclesiastical which was alleged against him, 
then the personal qualities of the accusers were to be exa- 
mined; so that no heretics should be allowed to accuse or- 
thodox bishops in causes ecclesiastical, nor any excommunicate 
persons before they had first made satisfaction for their own 
crimes ; nor any who were impeached of crimes of which they 
had not proved themselves innocent.' The Council of Chal- 
ccdon adds'')^, Hhat no clergyman or layman should be ad- 
mitted to impeach a bishop or a clerk, till his own reputation 
and character were first inquired into and fully examined.' So 
careful were they in this matter not to expose the credit of 
the clergy to the malicious designs or wicked conspiracies of 
any profligate wretches whom malice or bribery might induce 
to accuse them. Thirdly, in case of false accusation, whether 
public or private, the penalty against the offender was very 
severe. * If any clergyman,' says one of the Apostolical 
Canons^®, 'unjustly reproach a bishop, he shall be deposed; 
for it is written, ** Thou shalt not speak evil of the ruler of thy 
people."' And, by a canon of the Council of Eliberis^^, for any 

^ C. 6. (ibid. t. 950 b.) Et dc cV- €iria'K67rov Karrjyoplav, § €T€pmp icA^- 

K\Tf(riaaTiK6» cu; t6 arufHpofifvov cy- puc&v, irpiv &p dBw}V£ iavrovs rw 

Kkrjfia t£ €ina'K6jr^, t6t€ doxc/Luzfc- €nax$€vrt»v avrois <i7rod€ifo»<rcv cy- 

a0M yp4 tS>» KarrfyopovvTav ra irp6<r' Kkr)fiaTiay, 

cofra* tva irpStrov fiev cuptTixdls fi^ ^^ C. ai. (t. 4. p. 'j66 c.) KXi^pt- 

€(j Karriyopias Kara tS>v 6pdo86^(av kovs, fj Xoixovr, KarriyopoifVTas riri- 

€iri<rK6Troivvjr€p€KKkrja'ia(TTiKav7rpay' aKdntov, $ K\rfpiKS>v, afrXooff ical odo- 

lAOTCAP noitio'diu' .... €n€iTa dc koi KifjM<rras fifj npoo'dixta'Oai, tt fuf 

c? TiPfS tS>v dn6 T^9 €KK\riarias cVl nporcpov i^traoB^ avrciv ^ vinSXi;- 

aiTiMs Ti<r\ irpoKarrvvaa-fitvoi f icv koi ^is. 

anofifpXrffitvoi, fj {UcoivmprjToi ^ C. 47 [al. 55.] (Cotel. v. I. 

fifjBi toOtois €^lv<u Kortiyoptiv cVt- p. 445*) Ei ris i^rjpiKbs vfipi^tt 

axonov, npuf av rh oUtlov HyKXtjfia ima'Koirov, KaOaipiia-dw' ap^ovra 

irp6Ttpou oTTodvireovrai' 6fioi(as Bi Koi rov XaoO trov ovk cpctf Koxas. fCo 

Toifs vir6 KOTfiyopiav Trpo\afiov<rav viSptcct t6v tniaKonov ddtKo»s,] 
SvTas, fi^ 7rp6T€pov tivat bticrovs fls ^ C. 75. (ibid. p. 978 d.) Si quia 




among the chrgtf. 113 

man to charge a bishop, presbyter, or deacon with a false 
crime which he could not make good ag^nst them, was ei- 
oommunication withont hopes of reconciliation at the hour of 
death. Which was the usual penalty that was inflicted by 
that" Council upon very great and notorious offenders ; for 
which some have censured the Spanish Church as guilty of 
Noratianism, but without reason, as I shall shew when I come 
to discourse of the discipline of the Church. Here it may be 
snffidcDt to observe, that they thought this crime one of the 
first mf^nitude, since tliey refused to give the external peace 
(rf the' Church to such offenders, oven at their last hour. 

Many other instances of the like respect might here be added, 
bat by these few the reader will be able to judge with what 
CBodour and civility the clergy of the primitive Church were 
obliged to receive and treat one another. And it would liavc 
been happy for all ages, had they walked iti the same steps, 
ud copied after so good an example. 



CHAP. 11. 
Inttaaeea of respect shewed to the clergy by the civil govem- 
mmt. Particularly of their exemption from the cognizance 
of the secular courts in ecclesiastical causes. 
1. Next to the respect which the clergy showed to one an- Biahopa 
other, it will be proper to speak of the fionottrs which were ^^^ i^, 
doae'them by the civil mai/istrates ; which wore more or less, mj »ecali 
Mcording as either the inclination and piety of the emperors g^ t^ej, 
led them, or as the state of the times required. Tliese honours tewunonj 
chiefly consisted in exempting them from some sort of obliga- 
tions to which others were liable, and in granting them certain 
privileges and immunities which others did not enjoy. Of this 
kind was that instance of respect which, by the laws of Justi- 
luan-ii*, was granted to all bishops, ' that no secular judge 
shonid compel them to appear in a pubUc court to give their 
testimony before him, but he should send one of his officers to 



qnaeopain, pmbjrCerum, vel diaco- Nulli vero judicum licebit Deo an 

Dum ulus criminibui appetierit, et biles episcopos cogere ad judicii 

Btobare noa potuerit, nee in fine venire pro eihibeado tesumoni 

dtini'm ei commuDioneni. sed judex mittat ad gob (|Uoadaiii 

* Novel. 133. c. 7. (t. 5. p. 544.) peraonii mioiitranttum nbi, &c, 
yoL. n. I 



f 



114 Exemption of the clergy 

take it from their mouths in private.' This law is also repeated 
in the Justinian Codecs and there said to be enacted first by 
Thcodosius the Great, a law of whose is still extant in the same 
words in the Theodosian Code^^. But Goihofred will have it, 
that this law, as first enacted by Theodosius, meant no more 
than to exempt the clergy fi*om being bound to give an ac- 
count to the civil magistrates of what judgments or sentences 
they passed upon any secular causes that were referred to 
their arbitration. And indeed it is evident that the law-terms, 
ad testimonium devocari and cb fiaprvpCav ^ucaXcio^oi, are 
taken in this sense by the African fathers in the fifth Council 
of Carthage, where it was agreed ^^ «to petition the emperors 
to make a decree, that, if any persons referred a civil cause to 
the arbitration of the Church, and one of the parties chanced 
to be displeased with the decision or sentence that was ^ven 
against liim, it should not be lawful to draw the clergyman, 
who was judge in the cause, into any secular court, to make 
him give any testimony or account of his determination.' This 
was not intended to exempt clergymen in general from being 
called to be witnesses in a secular court, but only to free them 
from the prosecutions of vexatious and troublesome men, who, 
when they had chosen them for their arbitrators, would not 
stand to their arbitration, but prosecuted them in the civil 
courts, as if they had given a partial sentence against them. 
And though it was contrary to the law to give them any such 



^1 L. I. tit. 3. de Episc. leg. 7. (t. piav irpoa-iaiKelaOai t6v kkrfpucSir 

4. p. 75.) ImperatorTheodosius dixit, €K€wov t6v np^repov t6 avrb vpayyua 

Nee honore, nee legibus episcopus o-JcoTi^o-avra, 17 xal o-xoirov/icPM napa» 

ad testimonium dicendum flagitetur. rv\6vTa' Koi tva fii/dc rrpofrim rtr 

^ L. 1 1, tit. 39. de Fide Testium, cici^i^o'taariief vrpoo^jcoiv iyaY&tiff irr- 

leg. 8. (t. 4. p. 327.) In coneistorio pi rov o^tXcty fiapTvp€iw. — 0)nf. C. 

Imp. Theod. A. dixit : Episcopus, vulg. diet. African, c. 26. (ibid. p. 

&c. 1649 ^0 Petendum etiam ut statuere 

^ C. I. (t. 2. p. 12 15 d.^ ... . Sta- dignentur, ut si qui forte in ecclesia 

tuendum est ut qui forte m ecclesia quamlibet causam, jure apostolico 

quamlibet causam, &c. — Conf. Cod. ecclesiis imposito, agere voluerint, 

Eccles. Afric. (ibid. p. 1086 c.) Act et fortasse decisio dericorum uni 

alTrjaai tn pijv, iva 6pi<rai Kara^iW' parti displicuerit ; non liceat cleri- 

traxriv, &art iav nvts iv €KKkrj{ri<f 01- cum in judicium ad testimonium 

avd^Trorc alrlav oytootoXm^ iucala devocari eum, qui cognitor vel prse- 

T^ Tois tKKKrj(riais cyrtxci/i/i^ yvfiva' sens [forsan, praeses] fiierit. £t 

vai SfXria-wri, koI leas rj roprf rSiP nulla ad testimonium dicendum ec- 

KkrjpiK&y rf ip\ ficpci airapcaoi, p^ clesiastici cujuslibet persona pulse- 

e(uvai vrp6s diKaarrfpioy tU paprv tur. 



1. .^'» secular cognizance. 115 

troable, because, as I hare shewed in another place*'', all such 
determinations were to be abaolutely decinve and final without 
appeal ; yet it is probable some secular judges in AfHc might 
^e enoonragement to such proBecutions ; which made the 
African fathers complain of the grievance, and desire to have it 
redressed, in the fore-mentioned canon, to which Gothofred 
thinks the law of Theodosius refers. But whether the law of 
Theododus be thus to be limited, is a matter that may admit 
of fijrther inquiry. Gothofred himBclf confesses that Justinian 
took it in a larger sense ; and that ia enough for me to found 
Hub privilege of tnsbops upon, that they were not to be called 
into a secolar coort, to give their testimony there in any case 
whatsoever. 

i. Another privilege of this kind, which also argued great Nor obliged 
nspect paid to bishops, was, that when their testimony was thor'terti- 
laken in private, they were not obliged to give it upon oath, monrnpan 
u other witnesses were, but only upon their word, as became the Uwb of 
tbe priests of God, laying the holy Gospels before them. For ^ 
the same law of Justinian-*', which grants them the farmer 
privilege, enacted this in their favour and behalf also. And in 
pursuance of that law probably the Council of Tribur*^ some 
ages after, decreed, ' that no presbyter should be questioned 
upon oath, but instead of that only be interrogated upon his 
ooosecratioD, because it did not become a priest to swear upon 
A light canse.' But it does not appear that thb indulgence 
was granted to bishops before the time of Justinian. For the 
Cooncil of Chalcedon *^ exacted an oath in a ccrtun case of the 
Egyptian bishops; and the Council of Tyro ^^ required the same 
rf Ibae, bishop of Edessa. And there arc many other instances 
(^ the like nature. 

*• B. S. c, 7. 11.3, 4. V.I. p. 108. m, 5 tyyuatirapi^ovaaittl roCro air- 

• Novel. laa. 0.7.(1.5. P-S44O ™t Buimriir, ^ «£»fioo-ip itaT™r«rro»- 

Propontia S8. Evan^eliia, aecundum dTjatmrm, duaniroiTts r^v x"?""^ 

quod decet wcerdotee, dicant quod v'ua toC iirofuvou rmmintnt njt '&• 

norerint, dou tameo jurent. Xt^ai^piav n*yaXim6ktBt. 

^C.3i. (t.9. P.453B.) Presbfler *S Ap. Act. 9. C. Chalced. (ibid. p. 

nrovkejunmeDtipeiBaikctamcon- 630 e.)Up6s tovto atripv'^H^ q/u(c 

tw iiliiiufiii inteiTOgetar ; quia ea.' Xifyoi'[al. i!piiDi'] t6v Stom^trraroii 

cerdotM ex levi eansa jurare non tVio-coiroi- 'l|3cw, wr irairi roit^ in ry 

ddient. See. irap6>m irpoyjuiTi XimTOTwui avrhr, 

^ tklA.\- (t.4. p. R17 C.) M(- fl Sdfniru- aiTnr(>arr(u>, dfUngoTinr 

Mrrn hA nv amov o-jf^/iaror ol ovptltrda%. 
(A^/tfTBTM Mmwtmoi twi- fdyvirri- 



i 



116 



Exemption of the cliffy 



WTiether 
the single 
eridenoe of 
one bishop 
WM good in 
Iaw against 
the testi- 
mony of 
many 
othm. 



3. Coiistantmo the Great granted many privileges to the 
clergy; but there are some, that go under his name, which were 
certainly never granted by him. As his famed donation to the 
bishops of Rome, which Baronius-*^ himself gives up for a for- 
gery, and De Marca^^and Pagi*> prove it to be a spurious 
fiction of the ninth century, invented most probably by the 
same Isidore Mcrcator who forged the Decretal Epistles of the 
ancient bishops of Rome. There are other privileges fathered 
upon Constantino, which, though not such manifest forgeries 
as the former, are yet by learned men reputed of a doubtful 
nature ; such as that which is comprised in a law under the 
name of Constantine at the end of the Theodosian Code*'^, 
where all judges are * commanded to take the single evidence 
of one bishop as good in law against all others whatsoever/ 
Gotliofrcd is of opinion that this .whole title in the Theodosian 
Code is spurious ; and for this law in particular there are two 
arguments that seem to prove it not genuine. First, because 
Constantine himself in another law^*^ Siiys, * the testimony of a 
single witness sliall not be heard in any case, no, not though 



49 An. 324. n. 118. (t. 3. p. 275 b.) 
Jam vera reliquum foret, ut . . . . de 
vulgata ilia omnium ore afferemus 
ejusdem Constantini donalione tot 
tantiec^ue controversiis agitata: sed 
parcimus, quod nihil praeter ilia, 
(|uae ab aliis dicta sint, afferre pos- 
sumus, et eadem repetere sit onero- 
6um atque pariter otiosum ; cum 
liberum sit cuique, quae eo argu- 
mento a pluribus sunt scripta, con- 
sulere. 

^ De Concord. 1. 6. c. 6. n. 6. 
(p. 806.) Alterum, quod mihi ob- 
servasse videor notatu dignum, 
uempe pallium esse genus quoddam 
imperatorii indumenti, cujus usum 
iraperatores perraisere patriarchis, 
viaeri prima fronte posset audaciae 

Slenum, nisi fidejussores optimos 
arem. Ecclesia namque Romana 
ita esse fatetur, quae Constantini 
donationem, ubi scriptum est, pal- 
lium Romano pontifici tributum 
beneficio istius imperatoris, decreto 
Gratiani insertam suscepit. Adsen- 
tior sane viris eruditis, qui donatio- 
iiem illam falsi arguunt, eo in pri- 
mis argumento, quod a Constantino 



facta esse dicatur. 

^^ Crit. in Baron, an. 324. n. 13. 
[al. j6.] (t. I. p. 400.) Donatio 
Constantini prorsus supposititia, at 
fere inter eruditos convenit. . . .Vi- 
detur igitur donatio ilia ab Isidoro 
Mercatore cum veterum pontificum 
pseudographis epistolis supposita. 
Convenit enim Isidori ingemo, stylo 
et characteri scribendi plane squa^ 
lido, ac denique rationi temporis, 
quo primum audita, Carolo scilicet 
Magno imperante ; cum laudetur 
ab Hincmaro episcopo Rbemensi, 
qui tunc floruit. 

^2 L. 16. tit. 12. de Episc. Audi- 
ent. leg. i. [al. Extravagans leg. i.] 
(t. 6. p. 304.) Testimonium^ etiam 
ab uno licet episcopo perhibitum, 
omnes judices induoitanter accipi- 
ant, nee alius audiatur, cum testi- 
monium episcopi a qualibet parte 
fuerit repromissum. 

M Vid. Cod. Theod. 1. 11. tit. 39. 
de Fide Testium, le^. 3. (t. 4. p. 321 .) 
. . Sanximus, ut unius omnino testis 
responsio non audiatiu*, etiamsi 
praeclare curiae honore praefulgeat. 



|3,+ from sH'iiiar cognizance. 117 

the witnesB be a senator.' Secondly, because the cccle^astical 
\m, as weL as the civil, require two witnesses, as has been 
noted in the last chapter ; wUch, 1 think, are sufficiGnt argu- 
ments to proTO that no such extravagant privilege could be 
granted to bishops by Constantino; but I leave the rt-ader 
to Judge for himself, if he can find better arguments to the 
ronljury. 

4. We have better proof for another privilege that we tind Pn-sbyten 
granted to presbyters, which was, that if any of them were J^n^f^ 
tailed to give testimony in a public court, they ehouhl not be '?K ^"^ 
aatnined by scotirginfj or torture, as the kw directed in other torture, m 
cases. For by the Roman laws witnesses might be exaniiued ''""^' '"*" 
Upon the rack, in some cases, to make them declare the wliole 
truth; as we learn not only from tlie laws themselves**, but 
from St. Austin** and Synesius**, wlio mention several new 
sorts of torture, which Andronicus, the tyrannical prefect of 
Ptolemais, invented beyond what the law directed. But now 
nothing of this kind could be imposed upon any presbyter 
of the Church ; for they were exempted from it by a law 
of Theodosius the Great, which is still extant in both the 
Codes*', by which it also appears that it was a peculiar pri- 

** Vid. Cod. JnatlD. 1. g. tit. 41. rqc rvrymvmjc mrhy aivtjaafitvoy, 

de Qweat. (t. 4. p. 3437. V—It. Cod. liijrt ^tiaSa tU, /i^r icaAtiVat Xpi- 

llmd. 1. 13. tit. 9. de NauliBgiiB, m-iavSv oXX' wt oXir^pw! iiy roS 

igf. 3. (t. g. p. 105.) Si quando Biov rrotnir cKuXiia-iac omXijXiKrfia 

cauaatio est de impetu proFeUarum, traviVnoF' oii Siori yiyovt Otmimo- 

medianl ex hia nautia numerum na- X«»c iaxon] nXqy^, /utq owjuhv, 

rieularius exbibeat quKstioni, qaos jurd itplha, furi Xoifiiii, /ura irip, 

mn in navi, pro modo capacitatia, fitrh irdXtpiv, im^tXBaii dxpifiait 

oonatat habuifae, quo eorum tor- rolt iulrav tyKoraXtlpnaaa', arima 

mentia plenior veritaa possit inquiri. KoKaimfpita» opydvuv yivr) koI ax'i- 

*• Senn. 41). do Divera. t. 10. p. /lora irpirot dc T^c x''p'"' 'itrivty- 

530. [al. Serm. 3^5. de Vit. et Mo- n^v' <ii) ti ilniiv, Jri xm fiirot xPn- 

rib. Cleiimr. c. 4/] (t. 5. p. laSs f.) adiayot, RanruXfiBpar, Kai noiooTpd- 

Navicolariam nolui eaae eccleaiam 0qv, koI mtarripiov, mI pivoKa^da, 

ChriatL Multi Bunt quidem, qui kqI uTaypav, (a! ^''^ocrrpiS^ov' &i- 

tUmm de navibut acquinmt ; tamen ol irpakaddms rffr wt'tpai' rt koI rlfp 

mia teotatio [ai] eaaet, iret navis et 6fiai, cal Tf iroX(;i^ irpoonoXd/wiwH, 

nanlTagartt. Uominea ad tormeota napi tSiv Kmrur irtpuradiyray t'lut- 

datori erwnna, ut de Bubmeraioue jraoiVdiiirov, k. t. X. 

navia aeciuidum coaauetudinem " L. 11. tit. 39. de Fid. Teat. leg. 

q(MeTerctur,ettor<peientura judice, 10. (t. 4. p. 331.) Presbyteri citra 

qui eaaent de floctibiu liberati, Sec. iajuriam qiueatioma teatimonium 

** £p. 58. (p. 30I b. 3.} 'AvSpcf- dicant; ita tamen ut falta non si- 

Naa* rir BtponKta rdv (lucg Iltirra- muleut. Geeteri vero clerid, qui ^ 

' • ' ' \ ^pjj. eormn grHdum v ' '' ' 

apfffi" quunlur, ai ad b 



118 J'J,i('injj(ion (tf thi' cUtfjf/ 

vilege granted to bishops and presbyters, but to none below 
them : for the rest of the clergy are excepted, and left to the 
common way of examination, which in other cases the law di- 
rected to be used. 
M dergy 5. But the next privilege I am to mention was a more uni- 
^^ versal one that extended to all the clergy ; which was their 
^!Barj exemption from ttie ordinary cognizance of the secular courts 
the MCQ. in several sorts of causes. To understand this matter aright. 



^«^ we must carefully distinguish two things. First, the different 
iftiaa kinds of causes in which the clergy might be concerned ; and, 
secondly, the different powers of the inferior courts firom that 
of the supreme magistrate, who was invested with a peculiar 
prerogative-power above them. The want of attending to 
which distinctions is the thing that has bred so much confu- 
non in modem autiiors upon this subject, and especially in the 
Romish writers, many of which are intolerably partial in their 
accounts, and highly injurious to the civil magistrates, under 
pretence of asserting and maintaining the rights and liberties 
of the Church. In the first place, therefore, to have a right 
understanding in this matter, we must distinguish the several 
sorts of causes in which ecclesiastical persons might be con- 
cerned. Now these were of four kinds : first, such as related 
to matters purely ecclesiastical, as crimes committed against the 
faith or canons and discipline and good order of the Church, 
which were to be punished with ecclesiastical censures; se- 
condly, such as related to mere civil and pecuniary matters 
between a clergyman and a layman ; thirdly, such as related 
to political matters, as gross and scandalous crimes committed 
against the laws, and to the detriment of the commonwealth, 
as treason, rebellion, robbery, murder, and the like, which in 
the laws are called atrocia delicta ; fourthly, such as related 
to lesser crimes of the same nature, which the law calls levia 
delicta, small or petty offences. Now, according to this dis- 
tinction of causes, the clergy were or were not exempt from 
the cognizance of the civil courts by the laws of the Roman 
empire. In all matters that were purely ecclesiastical they 
were absolutely exempt, as Gothofred^7, the great civilian, 

dum petiti fuerint, prout l^es pne- ^^ In Cod. Theod. 1. i6. tit. 3. 
cipiuDt, audiantur. — Cf. C^. Jus- leg. 33. (t. 6. p. 53.) De causis ec- 
tin. 1. 1, tit. 3. leg. 8. (t. 4. p. 86.) clesiasticis, rh ^KKXtfo-uumKii Cn^" 



■ <5,;, Jrom aeeular eoffnizanee. 119 

aanples not to own. For all causes of that nature were re- 
stored to the hearing of bishops and their councils, not only 
by the canons of the Church, hut by the laws of the State 
also. 

6. This may be eridenced from the Kescripts of several em- ThL 
perors saccessiTely one after another, most of which are extant 5^ 
in hoth the Codes. Constantdus, anno 355, published a law*», l""" 
wbwein he prohibited any accusation to be brought against a 
Inshop before a secular ma^trate ; but, if any one had any 
cnnplaint against him, his cause should be heard and tried by 

a synod of bishops. This at least must signify in ecclesiastical 
caoses; though Gothofred and some others say it extended 
also to civil and criminal causes; and that though it looked 
like a privilege, yet it was intended as a snare to the Catholic 
bishops, to oppress them by his Arian synods, in those times 
when the majority of bishops in any synod were commonly 
Bach as fiivonred the Arian party ; and a Catholic bishop might 
expect more &vour and justice from a secular court than ^m 
them. But whether this law extended to all civil and criminal 
causes, is not very easy to determine : — thus much is certain, 
that if it did, it was not long after in that part revoked, whilst 
in the other part it stood good, and was confirmed by the laws 
of the succeeding emperors. 

7. For Valentinian granted the clergy the same iomiunity And 
in all ecclesiastical causes. As appears from what St. Ambrose „i^ 
wiitea to the younger Valentinian concerning bis father, say- Q*** 
ing*9, 'Tour fother, of august memory, did not only say it in 

D qtii- Constan^nop. et Novella Just. 83. 

a in cauaa cap. i. . . qute acilicet pcenia canoni- 

r, tmfiera- cii, atque in his exaucloratione . , . 

toria iKMtii pater, in bac ipsa re lege commuaiDniH privations exercentnr. 

— ji„v.. .^-g AmbTMio, Ep. 33. M Ap. Cod. Theod. 1. 16. tit. a. 



in priac Oabiom nuUoin ert, eai de Epiacopis, leg. la. [ibid, p- 37-} 
eonm enaoopia et aynodia dicece- Mansuetudinia nogtnelege prombe- 
1 aomri opOTtere .... non vero mus in judiciie episcopos a 



ftjfuo^r ttKomipioit ecdeaiaatico* Si quid est igitui querelamin, 

gv^tmita^ Item, dubium quod quispiam defert, apud alioB 

nnlhnn eat, canaaa ecdeaiaatid all- potisrimum einacopoB conveait ex- 

agna ofdinit, ut et delicta ecclesi- pbrari, &e. 

■■tieomm pnnirie contra diadpli- ^ Ep. 31. [al. ai.] ad Valentin. 

nam ecdedaaticani et ordinem ad- (t. a. p. 860 c7). . .AuguattE memo- 

nrim. ibidHD agitata, qui eccleai- ris pater tuua non aolum aennone 

aatica iyA^futra aen auaprTifiaTa mpoadit, sed etiam legibua ■«<■ 

delieta diciiDtta' Can. 6, Conrilii sansit, in cania iidei, vel eccl 



120 



Exemption of the clergy 



dThco- 
tins tho 
3at. 



words, but enacted it into a law, that, in matters of faith an 
ecclesiaj(tic4il order, they ought to judge who were qualified b^ 
their office, and [were] of the same order/ For those are th' 
words of his Rescript. That is, he would have priests to judg^ 
of priests. This law is not now extant in the Code, but there v^ 
another^ of Valentinian and Gratian to the same purpose^ 
wherein it is decreed, ' that the same custom should be ob — 
served in ecclesiastical business as was in civil causes : that 
there arose any controversies about matters of religion, either 
from the dissensions of men, or other small offences, they 
should be heard and determined in the places where they 
arose, or in the synod of the whole diocese. Except only such 
criminal actions as were reserved to the hearing of the ordi- 
nary judges, tlie proconsuls and prefects of every province, or 
the extraordinary judges of the emperor's own appointing, or 
the illustrious powers,* viz. the prcefectus-prcetario of the dio- 
cese. Ilere it is plain, tiiat though criminal actions against the 
state-laws are excepted, yet all matters ecclesiastical were to 
be heard by ecclesiastical judges, and no other. 

8. In the last title of the Theodosian Code there is a law^', 
under the name of Theodosius the Great, to the same purpose, 
wherein it is decreed, * that no bishop, nor any other minister 
of the Church, shall be drawn into the civil courts of any ordi- 
nary 01' extraordinary judges, about matters or causes of an 
ecclesiastical nature, because they have judges of their own 
and laws distinct from those of the State. Tliis law is cited in 
Gratian's Decree, but the words quantum ad causas eccle- 
siastical tarnen pe^^tinet are there ^^ fraudently left out, to 



tici alicujuB ordinis eum judicare 
debere, qui nee munere impar sit, 
nee jure dissimilis : bsee enim verba 
Reseripti sunt : boe est, saeerdotes 
de saeerdotibus voluit judieare. 

^ L.i6. tit. 2. de fipiseopis, leg. 23. 
(t. 6. p. 52.) Qui mos est eausa- 
rum ei\nlium, iidem in negotiis ec- 
clesiasticis obtinendi sunt : ut siqua 
sunt ex quibusdam dissensionibus, 
le\nbusque delictis, ad reli^ponis ob- 
servantiam pertinentia, locis suis et 
a sua; diceeeseos synodis audiantur. 
Exeeptis, quae aetio eriminaUs ab 
ordinariis extraordinariisque judi- 
cibus, aut illustribus potestatibus 



audientiav[leg. audienda] constituit. 

^^ Ibid. tit. 12. [al. Extravagans.] 
de Episcop. Judie. leg. 3. (p. 31 1 .). . 
Continua lege saneimus, ut nulius 
episeoporum vel eorum, qui eeclesiae 
neeessitatibus serviunt, ad judicia 
sive ordinariorum sive extraordina- 
riorum judieum (quantum tamen ad 
causas ecelesiastieas pertinet) pertra- 
hatur, &e. 

^ Gratian. Caus. 1 1 . qusest. i . c. 5. 
(t. I. p. 901. 12.) [Neither is there 
any notiee of the omission in the 
margin. Similar omissions in seve- 
ral authors are common in the later 
editions. Ed.] 



^i'r\<' tlu' cui'i-i'iit <l'"rr:n<' .iii'l li\|M.ti'-i- '•! In- "'>mi iiiiic-. 
and make tlie reader believe tliat the elergv ancienilv eiijoved 
an exemption not only in ecclesiastical causes, but all others. 
1 the rather mention this corruption, because none of the Cor- 
rectors of Gratian liave taken anv notice of it. The Uoman 
Censors silently pass it over, and it has escaped the diligence 
of Antonius Augustinus, and Baluzius also. Gothofi*cd indeed 
questions the authority of the law itself; but I shall not stand 
to dispute that, since there is nothing in it contrary to the 
preceding laws or those that followed after. 

9. For Arcadius and Honorius continued the same privilege And Ara 
to the clergy, confirming the ancient laws^, * that whenever Honorius 
vvf cause relating to religion was debated, the bishops were 
to be judges ; but other causes, belonging to the cognizance of 
the ordinary judges and the use of the common laws, wore to 
be heard by tliem only.' 

10. Theodosius Junior and Valentinian the Third refer to And Valc 
this law of Honorius as the standuig law then in force, con- Third 



an( 



I 



ceming the immunities and liberties of the clergy, saying in Ju»*i""' 

one^ of their decrees, * that bishops and presbyters had no 

oonrt of secular laws, nor any power to judge of other causes, 

except such as related to religion, according to the Consti- 

tations of Arcadius and Honorius inserted into the Theodosian 

Code.' So that all the same laws, which denied them power 

in secular causes, allowed them the privilege of judging in 

ecclesiastical causes; and the very excepting of other causes 

is a manifest proof that there was no contest made about these 

to the time of Justinian, who confirmed the privilege which so 

many of his predecessors had granted before him. For in one 

of his Novels^** we find it enacted, * that all ecclesiastical crimes, 

which were to be punished with ecclesiastical penalties and 

^ Cod. Theod. lib. i6. tit. ii. de divalia constituta, auae Theodosia- 

BflGgione, h^, i. (t. 6. p. 298.) Quo- num Corpus oBteiKut, pnBter rtU- 

ties de reliflione agitur, episcopos gionem passe cognoscere. 

oonvenit jumcare : cseteraaverocau- ^ Novel. 83. c. i. (t. 5. p. 386.) 

MMf oiue ad ordinarioa cognitores. Si vero ecclesiasticum sit delictum, 

vtl aa asnm puUici juris pertinent, egens castigatione ecclesiastica et 

Icffilraa oportet andiri. multa, Deo amabilis episcopus hoc 

^ Nora. I a. ad calc. Cod. Theod. discemat, nihil communicantibus 

(ibid, append, p. a6.) Quoniam con- clarissimis provincise iudicibus. Ne- 

itat cpiflcopoB et presbyteros forum que enim volumus tuia negotia om- 

ie^i6iw nom habere : nee de aliis cau- nino scire civilea judices, &c. 
saa, leeundum Arcadii et Honorii 



]00 



/•'.irttijitioii lit tin- clerifi/ 



V 






ociLsurcs, blioukl be judged by the bishop, the provmcuil jud 
not intermeddling with them. For/ saith he, * it is our pleasure 
that such matters shall not be heard by the ciyil judges.' 
Thedernr H, Gothofred^ is also of opinion that some of the lesser 
in kfier Criminal causes of ecclesiastics were to be determined bj the 
^'*™*°'^ bishops and their synods likewise. For in the forementkmed 
law of Gratian (see before, sect. 7.) the levia deUcta or lesser 
crimes are reserved to the hearing of bishops. And St. Amr 
brose^7, having spoken of the decree of Valentinian, which or- 
ders all ecclesiastical causes to be judged by bishops only, adds 
also, * that if in other respects a bishop was to be censured, 
and his morals came under examination, such causes as tliose 
likewise should appertain to the episcopal judgment.' Which 
seems to put some distinction between ecclesiastical and gitiI 
criminal causes, and reserves both to the hearing of bishops 
and their synods. But then, as Gothofred rightly observes, 
this must only be understood of lesser criminal causes ; for in 
greater criminal actions the clergy were liable to the cogni- 
zance of the secukr judges, as well as all others. Which is 
freely owned by De Marca, and some other ingenuous writers 
of the Romish Church. For De Marca^ quits the positions of 
Baronius and the Canonists, and confesses, ' that, as it appears 
from the Theodosian Code, that the ecclesiastical crimes and 
lesser civil crimes of the clergy were left to the hearing of 
bishops, and the synods of every diocese or province ; so the 
greater civil crimes of the clergy, which he reckons five in 
number, were reserved to the hearing of the public courts and 
civil judges, which, he says^, * appears from the laws published 
by Sirmondus in his Appendix to the Theodosian Code.' 



M In Cod. Theod. 1. 16. tit. 3. 
leg. 23. (t. 6. p. 54.) . . . . De hiijus- 
modi delictis episcopi quoque jumces 
esse possunt, &c. 

^7 Ep. 33. [al. a I.] ad Valentin, 
(t. 2, p. 800 d.) Quinetiam si alias 
quoque argueretur episcopus, et mo- 
rum esset examinanda causa, etiam 
hsBc [|al. hanc] voluit ad episcopale 
judicium pertinere. 

^ Dissert, in Cap. Clericus, ad 
calc. Anton. August, de Emendat. 
Gratian. p. 577. (ap. Oper. De 
MarcflB, Bamberg. 1789. t. 4. p. 415. 



8. 7.) Unde in Codice Theodoaiano 
controversise, quss ad religionem 
pertinent, in quibus sunt crimina 
ecdesiastica, et minora delicta e ci- 
vilium numero, episcopis et cujus- 
que dioeceseos sive provincise syno- 
ois relinquuntur : servata juaiciis 
publicis atrocium criminum, quae 
numero quinque, adversus dencoe 
coprnitione ; ut decent leges aliquot 
editae cura Sirmondi in Appendice 
Codicis Theodosiani. 

^ [Vid. Benign. Milletot. de Le- 
gitima Judicum S»cularium Potes- 



r,n. Jr<nn 9€cular cogniza/nce. 12S 

12. Some reckon those laws to be of no very great authority, But not 

and therefore I shall rather choose to confirm this position from ^^JJ^ 

the midoubted laws which occur in the body of the Theodosian causes. 

Code. Such as that of Theodosius and Gratian^o, which par- 

tkmlarly excepts these greater criminal actions, and reserves 

them to the hearing of the ordinary or extraordinary judges, 

or the proRfectus-prcetario of the diocese ; and those other laws 

of Theodosius, and Arcadius, and Honorius, and Valentinian 

the Third, which have been cited in the foregoing sections^i, 

and need not here be repeated. To which we may add that 

hw^^ of the elder Valentinian, which orders 'all such eccle- 

nasties to be prosecuted in the ciyil courts, that were found 

gaflty of creeping into the houses of widows and orphans, and 

80 insinuating into their affections, as to prevail upon them to 

dismherit their relations and make them their heirs.' And 

that other law 73 of the emperor Marcian, which in criminal 

eanses exempts the clergy of Constantinople ' from the cogni- 

aiioe of all inferior courts, but not from the high court of the 

prtBfictua'prcetario of the royal city.' Which appears also 

to have been the practice at Bome: for Socrates 7^ observes, 

that when in the conflict, which happened at the election of 

Pope Damasus, some persons were slain, many both of the 

hity and clergy upon that account were punished by Maximi- 

nns, who was then prcefectus-prcetorio at Rome. It appears 

farther from the Novels of Valentinian the Third 7 s, that in 

tite in Peraonas Eccledasticas. (ap. rum vel propinqui putaverint defe- 

Mooaxcliiain Goldasti, t. 3. p. 'Jj4, rendos. 

Fhoioof. 1613. foL) Liber pronib. 7a Qod. Justin. 1. i. tit. 3. de E- 

ap. Soto-ldiyor. — Cff. Bernard. Lau- pise. le^. 35. (t. 4. p. 87.) ... . Qui 

rant. Casiia, quibua Judex Ssecula- [actor] in nullo alio foro, vel apud 

lit potest manua injicere in Peraonaa quemquam alteram judicem eosaem 

EccteaiagticaB : item de Privilegiia clericoa litibua irretire, et civilibus 

Ckrioonun.Paria. 1517. 8vo. Ed.] vel criminalibus negotiis tentet in* 

^ L. 16. tit. 3. de Epiac. leg. a^. nectere. 

(t. 6. p. 53.). . . . £z(»pti8 quae actio 74 l. ^, q^ 2p, ^y. 2. p. 353. 3.) 

erimmalia ao ordinariia eztraordina- *EmvBtv dc <rvfiir\ffy6^£ t&p Hx^^' 

rnaqufl jodidbiia, aut illuatribua po- iyipovro* &(m koI cjc TTJg vtipaTpififjf 

testatibas awdienda conatituit. ytoXXovs airoBavtuf, jcat dia rovro irok" 

^1 See notee 61, 63, 64, preced- Xovr Xtwcovs rt Koi tcKripucavs vtr6 

illff. rot; t6t€ arapxov Mofifityov rcfUD^- 

7S God. Theod. 1. 16. tit. 3. leg. ^yoi. 

JO. (ibid. p. 48.) Ecdeaiaatici 76 Novel^. de Sepulcr. Violat. ad 

▼iduanmi ac pupUarom domoa non calc. Cod. Theod. (t. 6. append, p. 

adeani : aed paolida ezterminentur 33.) Quiaqnia igitur ex hoc numero 

jiidicn% ai poathac eoe aifinea ea- [clericorum] sepulcrormn violator 




1S4 Exemption of the clergy 

8ucli criminal actions as those of murder, robbing of graTefi, or 
the like, bishops as well as any other clerks were bound to 
answer before the civil magistrate by their proctors. But 
•lustinian a little enlarged the privilege with respect to bishops, 
making a dooI*ec'^ * tliat no one should draw a bishop in any 
]x>cuniary or criminal cause before a secular magistrate against 
his will, unless the emperor gave particular order to do it.' 
This was the plain state of the matter as to what concerned the 
exemption of the clergy in this sort of criminal causes, notwith- 
standing what Baronius or any others of that strain have said 
to the contrary. Nay, some ages after, such crimes, as murder 
theft and witchcraft, were brought before the secular judges in 
Fi'ance, as appears from the Council of Mascon"^, anno 581. 
or in 1 3. The case was much the same in all citnl pecuniary con^ 

wiswMwith trovin^sks which the clergy had with laymen. For though 
ynien. {\^Qy might end all such causes wliich they had with one 
another in their own courts or before a synod of bishops ; and 
the canons obliged them so to do, as has been noted in the last 
chapter"^; yet, if their controversy happened to be with a 
layman, the layman was not bound to refer the hearing of his 
cause to an ecclesiastical court, unless he voluntarily consented 
by way of compromise to tiike some ecclesiastical persons for 
liis arbitrators. This is evident from one of the Constitutions 
of Valentinian the Third, which says '9, *that if the plaintiff 



exstiterit, illico clerici nomen amit- imperialem jussionem, permittimus, 

tat, et sic stilo proscriptionis addic- &c. 

tus peri)etua deportatione plectatur. 77 Matiscon. i . c. 7. (t. 5. p. 968 b.) 

Quod ita servan oportere censemus, Ut nullus clericus de qualibet causa, 

ut nee ministris nee antistitibus sa- extra discussionem episcopi sui, a 

one religionis in tali causa statua- saeculari judicio injuriam patiatur, 

mus esse parcendum. — It. Novel, aut custodise deputetur. Quod si 

12. (ibid. p. 26.) Quam formam q^uicumque judex eujuscum(]ue de- 

etiam circa episcoponim personam ricum absque eaosa criminali, id est, 

observari oportere censemiis, ut si homicidio, furto, aut maleficio, hoc 

in bujusmodi ordinis homines actio- facere fortasse prsesumpserit, quam- 

nem pervasionis et atrocium inju- diu episcopo loci illius visum tuerit, 

riarum dirigi necesse fuerit, per pro- ab ecclesiie liminibus arceatur. 

curatorem solemniter ordinatum 78 Ch. i. s. 4. p. 108. 

apud judicem publicum inter leges '9 Novel. 12. ad calc. Cod. Theod. 

et jura confligant. (t. 6. append, p. 26.). . . . Petitor lai- 

^^ Novel. [2g. c. 8. (t. 5. p. 544.) cus, seu in cvnXi seu in criminali 

Sed neque, pro qualibet pecuniaria causa, cujuslibet loci clericum ad- 

causa vel criminali, episcopum ad versariiun suum, si id magis eligat, 

judicem civilem aut militarem invi- per auctnritatem legitimam in pu- 

tum producere aut exhibere, citra blico judicio rcsponaere compellat. 



13' ^4- 



from secular coijnizance. 



1^5 



was a lajman, he might compel any clergyman with whom he 
had a ci?il contest to answer in a civil court, if he rather chose 
it' And the Council of Epone^o, according to the reading of 
Sirmond's edition, says the same, ' that the clergy, if they weix) 
sued in a secular court, should make no scruple to follow the 
plaintiff thither.' But Justinian ^^ at the instance of Mennas, 
patriarch of Constantinople, granted the clergy of the royal 
city a peculiar privilege, * that in all pecuniary matters their 
cause should first be brought before the bishop; and if the 
nature of the cause happened to l>e such that he could not de- 
termme it, then recourse might be had to the civil judges, but 
not otherwise.' From all which it appears, that anciently 
exemptions of this nature were not challenged as matters of 
dime right, but depended wholly upon the will and pleasure 
of Christian princes, however afterages came to put another 
kind of gloss upon them. 

14. Nay it must bo observed, that even in ecclesiastical ^^ **»e a 
causes, a great difference was always observed between the tinction i 
power of the prince or supreme magistrate, and that of the ^"^^^ ♦*» 

. ... . supreme 

subordinate and inferior judges. For though tlic ordinary and subo 
judges were bound by the laws not to intermeddle with cede- ^"trat^ 
aastical causes ; yet in some cases the prince himself inter- this bu8i< 
posed and appointed extraordinary judges, and sometimes empUoiul 
heard and decided the cause liimself, or reversed the decisions 
of ecclesiastics by his sovereign power, which no ordinary 
judges were qualified to do. But this belongs to another sub- 
ject, that will have a more proper place in this work, when wo 
come to speak of the power of Christian princes. 



*> C. II. (t. 4. p. 1577 d.) — Si 
pnkati fueiint, sequi ad sspculare 
jodidum non moreotur. — Yet note, 
that other editions, as those of Crabbe 
and BiniuSy read it to a contrary 
tense, — Sequi ad sseculare judicium 
non prsesumant. 

81 Novel. 83. Prsefat. (t. 5. p. 385.) 
Petiti Bumus a Menna .... clericis 
hoc dare piivilegium, ut si quis 



habet adversus eos quamlibet pecu- 
nianim causaro, prius ad . . archiepi- 
Bcopum pergat, sub quo constitutus 
est, et interpellet eum, &c. — Ibid, 
n. I. (p. 386.) Si vero aut propter 
causae naturam, aut propter quan- 
dam forte dilficultatem non tuerit 
possibile .... ei)i8copo decidere ne- 
gotiuQi, tunc licenciam etise et ad 
civiles judices pergere, &c. 



i 



\'H) 



I • • • 



CHAP. III. 

Of the immunities of the clergy in rtferenee to taxes and 
civil offices and other burdensome employments in ike 
Roman empire. 

»dbiiie 1. Another privilege which the clergy enjoyed by the 
bT*^e * f*^^"^ ^f Christian princes was, that in some certain cases, ao- 
!:iait cording to the exigency of times and places, they were exempt 
^^ from some of the taxes that were laid npon the rest of the 
smaelTes Roman empire. But whatever they enjoyed of this kind, they 
* did not pretend to as matter of divine right, but freely ac- 
knowledged it to be owing to the pious munificence and fiirour 
of Christian emperors. Therefore Baronius^^ does them great 
injustice, and is guilty of very gross prevarication, in pretaiding 
that ' they claimed a freedom from tribute by the law of Christ; 
and that no emperor ever imposed any tax upon them, except 
only Julian the Apostate, and Valens the Arian, and the 
younger Valentinian, who was wholly governed by his mother 
Justina, an Arian empress; that, when St. Ambrose paid 
tribute under this Valentinian, he did it only out of hk 
Christian meekness, not that he was otherwise under any 
obligation to have done it.' How true this representation is, 
the reader may judge in part from the words of St. Ambrose •*, 
which are these : * If the emperor demands tribute of us, we 
do not deny it : the lands of the Church pay tribute. We pay 
to Csdsar the things that arc Caesar's, and to God the things 
that are God's. Tribute is Caesar's, and therefore we do not 
refuse to pay it.' This is so for from challenging any ex- 
emption by divine right, that it plainly asserts the contrary. 
As in another place ^^ he argues, that all men are under an 
obligation to pay tribute, because the Son of God himself paid 



82 An. 387. nn. lo — 15. (t. 4. pp. 
54^15490 Nonneut deipso Domino, 
&c. 

® Orat. cent. Auxent. de Tra- 
dend. Basilic, post. £p.32. [al. ai.] 
ad Valentin, (t. 2. p. 873 e. et p. 873 
d.) Si tributum petit [imperatorj 
non negamus ; agn ecclesiae solvunt 

tributum Solvimus, quae sunt 

Caesaris, Cassari, et quae sunt Dei, 
Deo. Tributum Caesarie est; non 
negatur. 



w In Luc. 5. 1. 4. n. 73. (t. i. 
p. 1354 a.) Magnum quidem est et 
spiritale documentum, quod Chris* 
tiani viri sublimioribus potestadbus 
docentur debere esse subject!, ne 
quis constitutionem re^ terreni 
pntet esse solvendam. Si enim cen- 
sum Dei Filius solvit, quis tu tantus 
es, qui non putes esse solvendum ? 
Et me censum solvit, qui nihil pes- 
sidebat: tu antem, qui saeculi ae<)ue- 
ris lucrum, cur saeculi obsequtum 



Jiram tuxes and civil offices. 127 

it, Matth. 1 7, 23. And yet Baronius®^ cites that very passage 

of the Evangelist to prove that the clergy are jure divino 

exempt, because our Saviour says, " then are the children 

free." * For if/ says he, ' the children be free, much more so 

are the fathers, that is, the pastors under whose care princes 

are.' BeUarmin is much more ingenuous in handling this 

question ; for he asserts s^, against the Canonists, whose opinion 

Baronius labours to maintain, Hhat the exemption of the 

clergy in pohtical matters, whether relating to their persons or 

their goods, was introduced by human right only, and not 

divine ; and tiiat in fact they were never exempted from any 

other but personal tribute till the time of Justinian, when they 

were freed from taxes upon their estates and possessions also.' 

So little agreement is there betwixt these two great caruinals 

of the Romish Church in their accounts of this matter, either 

non recognoacas ? — It. ap. Gratian. quamdam timilUudinem deduci pos^ 

Ckus. II. quseat. i. c. ao. (t. t. p. git, Atque hinc fortasse conctliari 

908.) where the same words with a potenmt theologorum et jurisperito^ 

dk^ variation are read. rum sententUB. Illi enim cum negant, 

^ An. ^87. n. I a. (t. 4. p. 548 e.) exemtionem clericorum esse juris 

. . Com alioqui ez Domini sententia divini, praceptum dknnum propria 

n Don a fihis reges tributum exi- dictum expresse in Scripturis exstare 

gnnty &c. negant : isti vero cum affirmant, 

^ De Glerids, 1. i. c. 28. ( jnxt. eamdem exemtionem esse juris diviniy 

Ed. Jngoldstad. 1 590. et Paris. 1 020.) id solum affirmant, quod theologi mi- 

Ezceptio cleiicorum in rebus politi- nime negant, deduci per similitudi' 

OS, tarn quoad personas, (juam quo- nem ab exempUs et testimoniis sacrm 

ad bona, rare hmnano mtroducta 8crtptureB» Deum voluisse, ut clerici 

mtf non divino. Hsec pro{x>sitio et ipsorum bona libera essent a potes- 

•at contra Oanonistas. [Grischo- tate et jurisdictione laicorum, Faulo 

?io8 makes the following remarks ante in propositione quarta hsdc ha- 

on this citation : In Editione Colo- bet idem tiellanninus, ad quae re- 

niensi, 1615. (t. 2. p. 329 a.) et Pra- spezit auctor: (p. 327 d.) Ubi tamen 

gensi nova, ahter prorsus ha;c le- observandum est, ante Justinianitem^ 

gontur, qnam Bin^namus noster ea pora, legibus priorum principum tm- 

exhibet, nimirom ita : Exceptio cle- munes fuisse clericos a tributis per^ 

rieormm .... mtroducta est Jure ku- sonalibus, «< etiam indicat S, Htero^ 

wumo pariier et dimno. £t addit nymus, in Commentario ad c. 17. 

ibi BeUarminua : Et quidem quod Matth, : non tamen fuisse Uberos a 

jure kmmano introducta sit, patet ex tributis, qua pendi solent ratione 

m testimomis, qua attulimus in ter- possessionum, tU coUigitur ex Sancto 

tia ei quarta propositione probanda. Ambrosia, in Oratione de Tradendis 

Quod autemstt etiam introducta jure Basilicis, ubi dicit: Agri ecclesim 

dsmmo, probandum est hoc loco, Sed solvunt tributum j et ex Theodoreto, 

antea tamen observandum est, nos L 4. Histor, c. 7. k^' scribit, Valen^ 

per jus dknmun nan intelUgere pra- tinianum seniarem, in Epistola ad 

e^ium Deiproprie dictum, quad ea^ eviscopos Asia, ilia verba posuisse : 

sUi e x pre ss e in sacris Utteris; sed noni episcopi tributa pensitant regi" 

auod ab exempUs, vel testimoniis bus. — ^The collation of editions is 

TestameiUi Veteris, vel Navi, per often moat important. Ed.] 



/ 



128 Exemption of the clergy 1 

as iA} fact or right, that in every thing their assertions are 

pointblank contrary to one another. 

Yet gene- 2. To set the matter in a clear light, it will be necessary for 

coMd^ftom ™^ ^ S*^® ^^ reader a distinct account of the seyeral sorts of 

personal tribute tliat were imposed upon subjects in the Roman empire, 

beed-mo- ^^^' *^ shew how far the clergy were concerned in each of 

^' them, which will l)c best done by having recourse to the Theo- 

dosinn Code, where most of the laws relating to this affiur are 

still extant. And this I shall the rather do, because Baronins 

mak(^ use of the same authority, but with great partiality, 

dissembling every thing that would not serve the hypothesis 

he had undertaken to maintain. 

Now the first sort of tributo I shall take notice of is that 
which is commonly called census capitum, or personal tribute^ 
to distin^iish it from the census agrorum, or tribute arising 
from mens estates and possessions. That the clergy were ge- 
nerally freed from this sort of tribute is agreed on all luinds. 
Only Gothofrod has a very singular notion about it: for he 
assorts ^^* that under the Christian emperors there was no such 
tribute as this paid by any men ; so that the exemption of the 
clcrjujy in this case was no peculiar privilege belonging to them, 
but only what tlicy enjoyed in common with all other subjects 
of the Roman empire.' But in this that learned man seems 
evidently to be mistaken. For, first, he owns there was such a 
tribute under the heathen emperors, from which, as Ulpian re- 
lates^", none were excused, save onlv minoi's under fourteen, 

^» In Cod. Theod. 1. ii. tit. i. de accipiunt. De quo est sane Lex 3, 

Annon. et Tribut. leg. 15. (t. 4. p. n*. Be Censibus: ubi similis quoque 

27. col. dextr.) Atque hsec quidem, immunitas continetur. jEttitem m 

&c. — It. in 1. 13. tit. 10. de Censu, censendo significare necesse est, quia 

leff. 4. (t. 5. p. 119.) De immunibus quibusdam tptas tribuit, ne trwuto 

tnous ]>ersonaruin ^eneribus a cen- onerentur : veluti in Syriis a quatu- 

su sen a plebeia capitatione, est bacc ordecim annis masculi, a duodecim 

Valentiniani Sen. constitutio, et qui- femifue, usque ad sexagesimum jriim- 

dem per Gallias, auod notandum: turn annum tributo capitis obUgan^ 

pariter lit altera 1. o. infr. quae eum- tur : <Btas autem spectabatur cen» 

dem Valentinianum aiictorem habet, sendi tempore. Verum cum nullum 

ct ad eumdem Viventium PP. data jam amplius hoc sevo capitis seu pro 

est: sic tamen ut ilia ab hac in non- capite libero tributum usurparetur; 

nullis recedat : mox ut ostendetur. est omnino hsec lex, ut et d. 1. 6, ac- 

Et sic pertinet hspc lex ad censum cipienda de capitatione et jugatione 

Gallicanum, pariter ut dua; le^es pro capitibus et jugis seu possessio- 

proximac 5, 6 Plerique vero m- nibus, &c. 

terpretum id de tributo capitis, seu ^ Digest. 1. 50. tit. 15. de Censi- 

capitis censu,quod pro capite dabatur, bus, leg. 3. (t. 3. p. 1789.) iEtatem 



be produce any law to shew when or hj whom that tribute was 
ordered to be laid aude. I^econdly, Theodosius Junior, the au- 
tlior of the Theodo^ui Code, makes express mention of it, 
when in one of his Xorels"" he distinguishes betwixt the eemut 
eopihun and census agrorwn. Thirdly, there are several laws 
in the Theodosian Code, exempting the clergy from tribute, 
'^hich cannot f^ly be understood of any other tribute but this 
sort of capitation. As when Constantiua grants the clergy the 
same immunity from tribute as minors had, he plainly refers to 
^be old law about minors, mentioned by Ulpian, and puts the 
clergy upon the same foot with them, granting them this privi- 
lege** 'that not only they themselTee, but their wives and 
<=hildren, their menservants and their maidservants, should all 
Ih free from tribute ; ' meaning personal tribute, or that sort of 
captation called capitis census. After the same manner we 
are to understand those two laws of Valentinian^, where he 
grants to devot«d virgins, and widows, and orphans under 
twenty years of age, the same immunity from tribute, or, as it 
is there called, ' the capitation of the vulgar.' As also that 
other law of his", where he grants the like privilege to 



ea panter 
, n the precediog note. ac feminn] eoniraque etiant nlii im- 
^ Novel.31. ad calc.Cod.Theod. munee Mmper a cenaibug et aepa- 
[t. 6. append, p. ii. sub fin.). . . . Re- rati ab hujusmodi muneribua peree- 
petita ctementie noitne pneceptione 



omnibui " Cod. Theod. 1. 13. tit. 1 
privQcgiu, quK vel ^igniUtibus de- Censu, leg. 4. (t. ,>;. p, i iS.) In virf^- 



. digniui ,„.,.,,.,.___. 
. vel diverue militite col- nitate perpctua viveutea, e 
It^ia, meruerunt, aat namine vene- duam de qua ipsa nuturitaa pollice' 
ruide religioDia oblentum Mt, omaie tur etatia nulli jam earn ea«e nuptn- 
nUqoe ceoBiu, qui oon peraonarum ram, a plebeis capitationis injuriB 
Mt sed agronmi, ad nnivena munia vindirandas esse decerniinus : item 
a Bova dnntumt mdletioue, ut anpra pupQlos in virili aeiu usque ad vi- 
definivhnw, absque uUa diMretione ginti annos ab istiuemodi functione 
1 — ! > .. ^8 esse debere ; mulieres a- 



a> Cod. Theod. 1. 16. tit. 2. de tern donee vinim unaquieque sorti- 

EpiM., &c. 1^. 10. [t. 6. p. 34.) Cle- tur.— Ibid. leg. 6. (p. 130.) Nulla vi- 

lida ac juvenibua pisbeatur im- dua, nemo pupillua, .... exactionem 

tnunita* Quoa et conjugibus plebis agnoacat, &c. 

et libeiu eomm et miniiteriia majo- b' Ibid. tit. 4. de Excu«at. Artilic. 

liboa pariter ac feminia indulsB- leg. 4. (p. 54.) Picturs proCeaaorei, 

muB ; quo* a censibuB etiam juSe- ti modo ingenui sunt, placuit, neque 

miu pel ■« el are immnnea. — Ibid, aui eapitia cenaione, neque uxorum, 

lq[.i4. (p.40.]OiDnibii8 dericis hu- aut etiara liberorum nomine, tribu- 

juraodi pnerogativa succumt, ut Ub esse munificos. 

BraOHAH, TOI'. II. K 



/ 



130 Exemption of the clergy M 

painters, together with Uieir wires and children. From all 
which we may yery reasonably conclude, that this exemption 
from personal taxes was not a thing then common to all, bat a 
peculiar privilege of some certun arts and professions, among 
which the most honourable was that of the clergy. 

This may be further confirmed from an observation or two 
out of Gregory Nazianzen and Basil. Nazianzen, in one of his 
Epistles ^'^ to Amphilochius, complains 'that the officers of the 
government had made an illegal attempt upon one Euthalius, 
a deacon, to oblige him to pay taxes:' therefore he desires 
Amphilochius^ 'not to permit this injury to be done him; since 
otherwise he would suffer an hardship above other men, not 
being allowed to enjoy the fSftvour of the times, and the honour 
which the emperors had granted to the clergy.' Here he 
plainly refers to some immunity from tribute, which the impe- 
rial laws granted particularly to the clergy ; which could not 
be any exemption of their estates from tribute, for there was 
no such law then in force to be appealed to. It must therctfcnre 
mean their exemption from personal taxes, from which ihey 
were freed by the laws of Valcntinian and Constantius already 
mentioned. This will still receive greater light and confirma> 
tion from the testimony of St. Basil 9^, who had occasion to make 
a like complaint to Modestus, who was PrcBfectus-Prcetorio 
Orientis under Valens, of some who had infringed the privi- 
lege of the clergy in exacting tribute of them ag^nst the laws. 
* The ancient way of taxing,' says he, * excused such as were 
consecrated to God, presbyters and deacons, from paying tri- 
bute ; but now they who are set over this affair, pretending to 
have no warrant from your eminency to excuse them, have 

w Ep. 159. (t. I. p. 873 b.) TovTwy (t. 3. part. i. p. 284 e.) Tow ry Bt^ 

clff coTi Ka\ 6 trvybuueovos ^fMV Ev&d" ^fjuov UpoifAtvov£, np^a&mpow ttak 

Xior* hv ovK oVf Sm^s fh iui(i» rd^iv iuuc6ifovs, 6 naXtu^s jc^mror orvXcct 

fUTax»pri<ravra bwypaiftfiv iirixii- d^fJKfv, Ol dc pw asnyfKt^afaafOit 

povfTi xpv<r6v oi rrjs ^tfioyuajs ra^- o»r oif \afi6vr€s mph Tfjs vn^pifnfovs 

«>( * rovro fuv dptKr6v <liainiT€o troi Koi ovv ((ovtrias wpiaruyfJMf awrypd* 

^cioa 6pt(ov t£ n ^taK&¥<f Koi r^ ^^arro, nX^v €l firf mv runs SiXmg 

KKrjpn ncanrlj Koi np6 r&v SkK^v ^fiuff tlxov tnr6 rrjs fiXucias rifv Sf^aw, — 

oir iroi /icXct. AedfjttOa oHv fiimfA6avvo¥ Trjt arjs c^ 

^ Ibid* . (c.) Afitf6TrjTa ^ frd^t, ^py^fTtas rovff [al. rxwro] ffySv [^vj* 

lt6vo9 di ^p Aurmv fi^ rvyxotfwv Tfjs r&tf o^c^veu, iram r^ ini6vn XP^'^ 

Kaipw <fHkay$p9onlaf, kcA rijs dtdo- dyaBrjv ntpi aw funnKqv fka/puk&r^ 

fuyfl£ Toit ItpaructHs napii rwv /3a<n- Toy» leal fivyx^P'^^^^^ '^^'"^ ^^ *^^ 

Xcc0y Tifujs. \ai6v v6fioy r$ff ovrrrXt ^£ tovs tepc^ 

^ Ep. 279. [al. 104.] ad Modest, rtvovrasf k, r. X. 



3- Jrom taxes and dvil offices. 131 

fazed them all, except such aa could claim a privilege from 
'their age.' Therefore his request to him wiis, — avyx*'f»l^'"^ Korik 
Tov waXativ v6fiov t^ avvrtXtUii rtnii ieparciovrai, — that the 
clergy might be exempt Jr&m tribute, according to the ancient 
Aiws. St. Baral, in this passage, refers to two sorts of laws cs- 
empting persons from txibute : the one, those andent laws of 
the heathen emperors, which only excused minors and super- 
annuates from personal tribute ; the other, those laws of Con- 
stantius and Valentjnian, which exempted the clergy' also, 
jiranting them that immunity which only minors enjoyed be- 
/ore. And this is the thing he complains of, that the clci^ were 
not allowed the benefit of the Christian laws, but only those 
laws of the heathen emperors, whereby, if they chanced to be 
minors or superannuated, that is, under twenty or above sixty- 
five, they were excused, but not otherwise. From all which 
it eridently appears, that the clergy might claim a peculiar 
privilege by the laws to be exempted from personal tribute, 
and tliat this was not common to all the subjects of the empire, 
whatever Qothofred, and Pagi^^ from him, have suggested to 
the contrary. 

S. The next sort of tribute was that which was exacted of Bat not ei- 
men for their hinds and possessions, which goes by several J^i^ 
names in the Civil Law and ancient writers. Sometimes it is and pos- 
called Kai>wi>, as by Athanasius^, where ho complains how he 
waa nnjuatly accused of imposing a tax upon Egypt for the use 

•* CriL in Biron. an. 353. n. Naiianieni EpiatoliB, puta 159 et 

10. [al. 13.] (t. 1. p. 479.) Data 156. Basilius quoque, KpistoU 379 

et hoc uiDO ■ CoDBtantio lex 10. ad Modestum pnefectum-prtetorio 

Godkia 'ntwdoaiani, de Bpiicopis, OrteDtia, de eadem immunitate sub 

qoB deniaRma immunitaa omni- eodem Valente imperatore concul- 

Diu GUtrida coDceditur, at eccleiia- tats conqueritur, eamque instauiari 

fwK eattu eoneurtK poptUontm ta- petit, &c. 

jMafMM fitqutntetur, quemadmo- ** Apol. a. p. 783. (t. i. part. 1. 

dam in <a 1^ diritur. Creacenti- p. 141 b. n. Oo.) DoiU^ itir aJtc fq- 

bua tiffwqnp jam ubique eccleBiia de Tfjtravrtv koi ftff cvp<S>Tf c, vtrrtfnw 

profidrote in diea religione Chmti- fifra yvvFU)i ruv frtpi Eiiri" 



turn invitandi visi sunt, prater ve- luii KaXAivucnf, irtpl imxapiar Xi- 

terei immnnitatea Jam conceaaas. vuv, its i/tov Kordra roir AlyvirTuiiE 

Piima ilaqae immunitaa eat a cenai- tm^akdrros, ■□'■ nyiuTour avroic a- 

Jnu, qui poMeMiaDUm nomine fisco murriataTot.—lCoTiI. Soiom. 1. a. 

' ' '^1 immuoitaa a c. la. (v. a. p. ^3. 33.) npern)v 



It vactigllibna poatea as- vrrofiiyii ypaibtiv iit x"'"*''"' Xivuv 

aim infncta, pneaertim lub Va- <t>6poir imrMs, k.t.X. GmeAor.] 
Inite, nt conitat ex duabua Gregoiii 



13^2 K.iu Hint ion of' f/ir rU'i'ini V. 

of tlie diiirch of Alexandria. So in the Tlieodosian C'oile 
there is a whole title ^7 De Cafione Frumentario Urbis Romce, 
which signifies the tribute of com that was exacted of the 
African provinces for the use of the city of Rome. It is other- 
wise called jugatio from juga, which, as Grothofred^ notes, 
signifies as much land as a yoke of oxen could plough in a 
year ; and, because the taxation was made according to that 
rate, it had therefore the name of jugatio and juga. It has 
also frequently the name of capitatio and capita; and, because 
men s servants and cattle were reckoned into their taxable pos- 
sessions as well as their lands, therefore in some laws^ the one 
is called capitatio terrena, and the other c<ipit<Mtio humana 
and animaliuniy or animarum descriptio. These taxes were 
usually paid three times a year, once every four months; 
whence Sidonius ApoUinaris ^ styles them tria capita^ or the 
monster with three heads, which he desired the emperor 
Majorianus to free him from, that he might live and subdst 
the better ; for thus he addresses himself to liim in his poetical 

way : 

Geryones nos esse puta, monstrumque tributum ; 

Hie capita, ut vivam, tu mihi tolle tria. 

In which words, which none of the commentators rightly un- 
derstood, he refers to a law of Valentinian's^, and several 
others in the Thoodosian Code ; where this sort of tribute is 
required to be paid by three certain portions in a year, or 
once in four months, which in his phrase is the tria capita^ 
or monster with three heads. The collectors of this tax were 
also hence called cephaheotce, collectors of the capitation, isx 




4. p. 86.) . . £0 qood vestee canonicas sive animarum descriptione revdata 

vel equos minime intulerunt, &c. aunt, &c. 

^ in Cod. Theod. 1. 13. tit. 10. > Carm. 13. ad Majorian. (p. 141. 

de Censu, leg. a. (t. 5. p. 118. ad 19.) 

Bumm. col. d^tr.) . . .Ego Juga pu- ^ Ap. Cod. llieod. 1. 11. tit. x. de 

tem dicta teme modum, cui colendo Annon. et Tribut. leg. 15. (t. 4. p. 

per annumjuffo boum opus est. 36.) Unusquisque annonarias spe* 

^ Vid. Coo. Theod. 1. 11. tit. 29. cies, pro mode capitationis et sor- 

de Collat. Donat. leg. 6. (t. 4. p. tium, praebiturus, per (juatemos 

151^.) Exceptis his, quae in capita- menses anni curriculo distributor 

tione humana atque enim alium di- tribus vicibus summam coUationis 

versis qualiacumque concessa sunt ; implebit. 



_frDm taxes a»d civil <^te*». lS3 

tome lim> of the Theodooan Code : and because this tiibute 
was conmumly pud in spetne, as in corn, wine, oil, iron, brass, 
&C., for the emperor's service ; therefore it is often called »pe- 
derum coUatto ; and, being the ordinary standing tax of the 
empire, it is no less frequently styled^ indictio catumica, in 
(^ipontion to the auperindicta et extraordinarla, that is, such 
taxes as were levied upon extraordinary occanont. I have 
noted these things here all together, that I may not be put to 
«zplmn the terms at every turn hereafter, as I have occa^on 
le make use of them, which are indeed a little uncommon, and 
act eauly understood, but by such as are conversant in the 
<Svil Lav. 

Now to the question in hand, whether the clergy in general 
■were exempt from this ordinary canonical tribute had upon 
men's goods and posseBuons? I answer in the negative against 
-Baronius, who asserts the contrary. Some particular Churches, 
indeed, had special favours granted them by indulgent princes, 
to exempt them from all tribute of this kind ; but those very 
exceptions prove, that what was matter of grace to some par- 
ticnlar Churches could not be the common privilege of all 
Churches. Theodosiua Junior' granted a special exemption to 
the Church of Thessalonica, ' that she should pay no capitation 
for her own estate, provided she did not take other lands into 
her protection, to the detriment of the commonwealth, under 
the pretence of an eccleuastical title.' He also allowed the 
Churches of Constantinople and Alexandria the same privilege, 
apon the like condition^, 'that they ehould not take any vil- 

' L. II. tit. 3A. de Patrocin. Vi- mcee indictionu pnestent tributum. 

eor. leg. 6. (tbjd. p. 178.) Nequa- Glevalii aari HolutioDem nesciat la- 

qmn c^>halKotiB, ninnarchia, jleff. bore dignitas conquisita, eitraordi- 

imiarchu^ [Vid. Du Fresiie, Mm, narium munua ignorct, &c. 
«t Imfiin. Latuait. in voce. Ed.^ lo- * Ibid. 1. 11. tit. i. de Annon. et 

gdgnptu* cbomUam, et cfetens li- l^ibut. leg. 33. (t. 4. p. 41.) Sacro- 

targis, anb qnolibet patrocinii no- aancta Thm«atonicenBia eccleaia ci- 

miiie, pnbUd* fnnctioDibiu denegv vitatu eicepta : ita tanien ut eperte 

lis, &c. aciat, propnse tantummado capita- 

* Vid. Cod. Theod. 1. 6. tit. a6. tionis modum benefidomei numinia 

de Pxoxiaua Comitibaa, &c. leg. 14. aablevandum : nee exletnorum gra- 

(L 9. p. I£|S.) QiumviB iimumeris vammetributorum rempubbcani ec- 

legibiu MnnioniiD gloria decoretur, cleaiaabci nominia abusione lieden- 

jttbcinna Umen, nt prima omniimi dam. 

■t Mrnm wrani poweaaio ab omni- < T^t. 34. de Patrocin. Vieor. leg. 

boa MTdtdia muneriboa excuaata. 6. (ibid. p. 178.) Quicquid.. .eccle- 

Snpetindictuiii non time*nt, veaali- aim vencrnbiles, (id ett, ConsEiuiti- 

liuin non petantnr, aolumque cano- nopolitana et Alexandrina) poaafr- 



184 



Exemption of the clergy 



lages, great or small, into their patronage, to exoose 
from paying their ancient capitation.' Crothofired is i 
opinion, that in the beginning of Constantine's reign, wh 
Church was poor, and her standing reyenues but sma 
estates and possessions were universally excused from tr 
for there is a law in the Theodosian Code 7, which may 
terpreted to this purpose ; though the words are so ol 
that, without the help of so wise an interpreter, one 
hardly find out the sense of them. However, admitting 
to signify such a privilege, it is certain it lasted not 
years : for in the next reign under Constantius, whc 
Church was grown pretty wealthy, all the clergy thai 
possessed of lands were obliged to pay tribute in the 
manner as all others did ; as appears from a law of Cc 
tins, directed to Taurtia, Prcrfectus-PrcBtoriOj which i 
extant in both the Codes ^. This is further evident frc 
testimony of Yalentinian, who, in an Epistle to the bish 
Asia recorded by Theodoret^, says * all good bishops tl 
themselves obliged to pay tribute, and did not resist tl 
perial power." And thus matters continued to the ti 
Honorius and Theodosius Junior, in one of whose laws 



disse deteguntur, id pro intuitu reli- 
gionis, ab his prsecipimus firmiter 
retineri : sub ea videlicet sorte, ut 
in fiiturum fiinctiones omnes quas 
metrocomise debent, et publici vici 
pro antiques capitationis professione 
debent, sciant subeundas. 

7 L. II. tit. I. de Annon. et Tri- 
but. leg. I. (ibid. p. 6.) Prseter pri- 
vatas res nostras, et ecclesias catno- 
licas, et domum clarissimse memo- 
riae Eusebii ex consule, et ex magi- 



(t. 4. p. 73.) where the same 
occur. 

V L. 4. c. 8. (v. 3. p. 155. ; 
Tck irjfi6aia Kara v6fiov9 cloi 
taxuri, Koi ovK dyrik€yovat 

»o Vid. Cod. 'rtieodor. 1. 
2. de Episc, &c. leg. 40. ( 
79.) Placet, rationabUis con 
nore perpenso, destricta moc 
ne prcescribere, a quibus sp 
necessitatibus ecclesise urbiu 



•'«l#«a«««w* \% 0% r%rf %# » <% ^«% f «« 



h«v*««&a 



^^ 



from taxes and civil offices. 



135 



Church lands are still made liable to this ordinary or canonical 
trilmte, as it is there worded, though excused from all other. 
So little reason had Baronius to assert with that confidence, 
' that no prince, except Julian the Apostate, and Yalens the 
Arian, and the younger Valentinian, who was under the con- 
duct of an Arian woman, ever exacted any tribute of the 
el&rgj ;' when, as it appears, every emperor after Consta^ntine 
did exact it; and Baronius could not be ignorant of this, having 
viewed and perused the Theodosian Code, where these things 
are recorded. 

4. If in any thing of this tribute they were exempt, it must Of the tri- 
be from the obUgation some provinces lay under to furnish the ^u!^^!^ 
emperors with new soldiers, called tirones, and fresh horses for nmieum, 
the wars; which, because they were exhibited by way ot^^l'T^ 
tribute, are called in the law equi canonici, from the Civil Law 
term canon and canonica, which, as I observed before, signifies 
the tribute that was laid upon men*s lands and possessions. 
Sometimes this tribute was exacted in money instead of horses, 
and then' it was called ^^ eqnorum canonicorum adceratio, 
koTse^maney. In like manner as the sum that was paid instead 
of the tirones was called aurum tironicum and stratioticum, 
soldiers-money, which we find mentioned in Synesius^'^, where, 
speaking of Andronicus, governor of Ptolemais, he says he 
set one Thoas to collect this aurum tironicum; which, the 
editor by mistake says was so called, quia solvebatur tirom- 
husj because it was paid to the tirones : whereas, indeed, it 
was the money that was paid instead of the tirones, by way of 
tribute, into the treasury of the empire. !N^ow, that some 
Inshops, at least in Afric, were excused from this tribute, is 
concluded by some learned men from a law of Theodosius 
Junior ^^, which excuses certain persons from it, imder the title 



tatis sarcina repentina depoposcerit, 
^QS iunctioiiibua ascribatur. 

" Cod. Theod. 1. ii. tit. 17. de 
Eqnor. Collat. leg. 3. (t. 4. p. 138.) 
Eaoos canonicos muitaris diceceseos 

AmcaiuB jusaimua adserari, 

ftc 

u Ep^ 79. ad Anaataa. p. 393. (p. 
224 d. 4.). . • . Teug aira«ri7(Fc<riy cra^ 
rov oT p of im f u coO •)(pwrUn> rov itaXov- 
§u9mf Ttpmmsov. 



J« Cod. Theod. 1. 7. tit. 13. de 

TlroD. leg. 22. (t. 2. p. 391.) 

Pr»cipimu8 proconsularis provincie 
non eandem sacerdotalium, quae est 
de cseteris, in prsebendia tironibus 
habendam ease rationem: non ini- 
que siquidem ea potissimum ab hoc 
officio provincia videtur excepta, 
quse omnium intra Africam provin<^ 
cianunobtinet principatum,cuju8que 
majoribua fatigantur ezpensia. 



A 



186 Exemption of the clergy V. i 

of scmerdotales, in the proconsular Afric ; and that, because 
they wore otherwise obliged to be at great expenses in that 
province. But now the question is, — who are meant by the 
name sacerdotalea ? The learned Petit" says it denotes 
Christian bishops; and if so, the case would be clear as to 
their exemption. But Gothofred^^ rather inclines to think it 
means the high priests among the heathens, who were still in 
being and obliged by their office to be at great expenses in 
exhibiting the ludi sacerdotales to the people. I will not 
venture to decide so nice a dispute betwixt two such learned 
men, but think, however, I may safely infer even from Gotho- 
fred's notion, — that, if the Christian emperors were so liberal 
to the heathen high priests, they would at least be as liberal 
to their own bishops, and grant them the same immunity. 
But I leave this matter to further inquiry. 
eCbnrdi 5. One thing is more certain, that whatever burdens any 
^hva^ lands were originally encumbered with, they were liable to the 
18 as the same even after their donation to the Church, unless discharged 
I to be- ^f them by some particular grant and favour of the emperors. 
B their Xhis we learn from a memorable instance in a particular case, 
wherein St. Austin was concerned, the account of which we 
have from his own relation. For the right understanding of 
which I must first acquaint the reader, that by the laws of the 
Roman polity many times a company of tradesmen were so incor- 
porated into a society, for the service of the empire, that their 
estates were tied to that oflSce and duty, so that, whoever had 
the propriety of them, ho was bound to the duty annexed to 
them. Thus it was particularly with the incorporated company 
of the nauicularii of Afric and Egypt, who were concerned in 
transporting the yearly tribute of corn from those provinces to 
Rome and Constantinople. Their estates were tied to the 
performance of this service, as appears from a title in the Theo- 
dosian Code^^, which is De Prcediis Naviculariorum, And 
they were so tied, that if any ship chanced to be lost in the 

1* Variar. Lection. 1. 3. c. i. (p. nebantur, &c. 
38.) Cum igitup indicti sacerdotibua ^^ In Cod. Theod. 1. 7. tit. 13. 

et episcopis Africse exigerentur tiro- leg. 32. (t. 2. p. 391.) Sacerdotea 

nes, atque Numidiae episcopi COS con- quoque provinciarum, paganos sci- 

ferrent et prseberent, &c. . . . Quia si licet, tironibus praratandis obnoxios 

tirones, quos conferebant episcopi, fuisse, &c. 

militiam deseruissent, et oppressi '^ L. 13. tit. 6. (t.5. pp. 9a, seqq.) 
fuissent, redbibere illos tirones te- 



Jrcm UAxes and civil offices. 137 

passage, the whole body was obliged to make good the effects 
to the emperor's coffers ^7, and the master of the ship was 
obliged to give up his men that escaped the ^shipwreck to be 
examined by torture afterwards; otherwise he must have 
borne the whole burden himself alone, on presumption that he 
was guilty of some fraud in the matter against the rest of his 
society. Now it happened, while St. Austin was bishop of 
Hippo, that one of these navicularii, Boniface, a master of a 
ship, left his whole estate to the Church, which yet St. Austin 
refused to receive, because of these burdens that lay upon it. 
'For,' says he^*, *I was not willing to have the Chm*ch of 
Christ concerned in the business of transportation. It is true, 
indeed, there are many who get estates by sliipping; yet 
there is one temptation in it : if a ship should chance to go 
and be lost, then we should be required to give up our men to 
the rack, to be examined by torture according to law, about 
the drowning of the ship, and the poor wretches that had 
escaped the waves must undergo a new severity from the 
hands of the judge. But we could not thus deliver them up ; 
for it would not become the Church so to do. Therefore she 
must answer the whole debt to the exchequer. But whence 
should she do this? for our circumstances do not allow us 
to keep a treasury. A bishop ought not to lay up gold in a 
bank, and meanwhile refuse to relieve the poor.' These words 
of St. Austin do plainly evince what has been observed, that 
the donation of an estate to the Church did not ordinarily free 

'^ Ibid. tit. 9. de Naufragiis, leg. 3. ausererentur : et torquerentur a ju- 

(p. 105.) Si quando causatio est de aice qui essent a fluctibus liberati. 

impetu pTOceUarum, medinm ex his Sed dod eos daremus : nullo pacto 

nautis numenim navicularius exhi- enim hoc fdcere deceret ecclesiam. 

beat (|iuestiom quo eorum tor- Onus ergo fiscale persolveret. Sed 

mentis plenior Veritas possit in- unde persolveret ? En 1 thecam no- 

qoiri. bis habere non licet, &c. [The £d. 

'^Serm.49.deDivers. t.io.p.520. Bened. reads enthecam, and notes 

gl. Serm. 355. de Vita et Moribus in the margin, ^n/Aecaestgazas repo- 

ericorum, c. 4.] (t. 5. p. 1382 f.) sitorium. According to Du Fresne, 

Bonifacii hcereditatem suscipere no- Glossar. Med. et Infim. Latinit., 

lui ; non misericordia, sed timore. theca is capsa sanctorum reliquiis tn- 

Naviculariam nolui esse ecclesiam struct a; and entheca he cites as used 

Chriati. Multi sunt qoidem qui by Eadmer, speaking of the burial 

etiam de navibus acmiirunt : tamen of the body of St. Wilfrid by Odo, 

una tentatio est, J^ei] iret navis et for the high altar. Theca is simply 

naufragaret: hommes ad tormenta a box or bag: entheca, a bank or 

daturi eramus, ut de submersione store, Ed.] j 
navia tecundum vonsuetudinem ^ 



1S8 Exemption of the clergy Y. i 

it from the tribute or duty that the public otherwise dediaiided 
of it ; but if the Church would receive it, she must take it with 
the usual burdens that lay upon it. I confess indeed the sense 
of the pa»age, as it lies in St. Austin without a comment, is 
not very easy to be understood ; nor haye any of his editors, 
no, not the last Benedictines, thought fit to expound it ; but for 
that reason, as well as to make good my own observation, I 
have recited it in this place, and expkdned it from those laws 
and customs of the empire to which it manifestly refers. And 
such a digression, if it were a digression, I presume would not 
be unacceptable to the curious reader. 
XtheeVyt- 6. But now to proceed. Another sort of tribute, in which 
'^f:Za the clergy had some concern, was the tax upon trade a^d 
wm and the commerce. This in ancient writers ^^ is known by the name 
?^c^. xpvo^<ipyvpoj;, ehrysargyrum, the silt/er-and-gold-taa, because 
1 from it ii ^aj3 p^d in those coins. Zosimus^^ indeed makes the chry9- 
argyrum another thing, viz. a scandalous tax exacted of lewd 
men and women ; and in his spite to Christianity he represents 
Constantino as the author of it : in which his groundless ca- 
lumny he is abundantly refuted by Baronius^^ and more espe- 

^* Vid. Evagr. 1. 3. c. 30. (v, 3. car^crayTO, cV rrjs rovrwr wfryatriag^ 

p. 371* 30.) 'Ytrcp/icyc^cff oc KaT€' dpyvpiov rots tov )^nKrapyvpov wpoK' 

irpaxBri avr^ Kal Bfi6v ri yprjfia, ^ roptnv c^crcvryKctv cTrctyd/tevoi, k. r. X. 
roi) KoXov/Wvov xpvcro/Tyvpot; €f rtXcov ^^ An. 330. D. 36. (t. 3. p. 436 e.) 

kooXv/m;. .... Quod de tributis a Uonstantiiio 

^ L. 3. (p. 114.) KoDvoTovrivoff impoaitis exstet adveraus eum que- 

ratmx btoTrpa^dfuvos dirrrX€(r€ doipc- rela Zosiini, Biint haec accuratius 

tus ovK €vi€opn ytvofjJiKust aXX^ cif examinanda : auod enim ait, ami 

(UKi(iovs Koi dvcM^Xcir i»6p&tnovs argentique collatioDem impositam 

Toifi (b6povs Mcarap&v* ical rotr ficv negotiatoribus, omnibus dardana- 

floififpovart yiv6ft€vos 0opruc6r, row riis, nempe fraudulentis venundato* 

df fjojdiv oKhfkt'iv bwmfUvovs nXovrl- ribus annonse, atque personis qui* 

C«»y' rnv dc dxrariap ffyeiro <f>tkoTi' buscumque vUissimis ac meretnci- 

fudv* tWTos Koi tifp fltr<^piuf iwriyayt bus, comimdit plane diversa tribn- 

Ypvaiov re Koi dpyvpov nd<n tois tonun genera : nam quod impositum 

atravraxov yrjs fi€Tiov<ri rhs €ft7roplas, erat negotiatoribus, proprie aori et 

jcal rois tv raU 9r<$Xccri ncawyiav irpO' argenti erat, dictumque chrysargy- 

n^to-i, ficxpi Koi T&w €vrcXf(rraro»y* rum, diversumque ab eo, quod pen- 

oMc dvoTvycIff iraipag c(a> Tavrrjt dere consueverant lenones, meretri- 

€dtras Trjs €ltr<f)opas' &<rT€ ^v idciy, cea, et ezoleti: quod quidem tan- 

fiiXKovTog Tov irrpacrovr iviaratrScu turn abest ut a Constantmo Christi- 

}(p6vov, Kaff tv cdci Tovro r6 reXos ano principe impositum fuerit, ut 

wttrtJHpwirBm, dprjvovt dph nutrav n6^ etiam longe ante Alexandri impera* 

Xty Koi obvppjovi' €V(rr6»Tos dc, ua' tons tempore Romse exigi consue- 

anyas koi fiatrcawvi inuhtpouAvas verit; quod idem imperator leqiiiB-^ 




Kal mxTvpc f ^4 fropvf/ov Ovyartpas bricas deputavit^ &c 



fi^rni teutes and civil offices. 



1S9 



ciaDy by the learned Gothofred'^^, and Pagi^, whom the 
curiouB reader may consolt. Here I take the chrysargyrum 
in the common notion, only for the tax upon lawful trade and 
commerce, which St. Basil ^^ calls irpayfiarcvnicir xP^rCov, com- 
merce^money. In the Civil Law it is known by the name of 
lustralis coUatio, ths lustral tax, because it was exacted at the 
return of every lustrum or four years' end. It was indeed a 
very grievous tax, especially upon the poor ; for not the meanest 
tradesman was exempted from it. Evagrius^^ says it was ex- 
acted even of those who made begging their trade, — i^ ipAvov 
n^ir Tpoifffip vopCCovai. Whence Libanius^^ calls it 'the intole- 
rable tax of silver and gold, that made men dread the terrible 
pentaieteris or return of every fifth year^ And for the same 
reason, as the author under the name of St. Austin ^7 takes 
notice, it was commonly called aurum, pannosum, the poor 
man's taa, or as some editions read it, aurum posnosum, the 
cruel tax, because it was exacted of the poor. But now a par- 
ticular respect was paid to the Church in this matter; for 
when her revenues were scanty, and not sufficient to give all 
the clergy a decent maintenance, the inferior orders, the cfe- 
ricif were allowed to traffic to support themselves, without 
paying any tribute of this nature. This indulgence was first 
granted by Constantius^® without any restriction, * that if any 
of them were minded to follow a calling to maintain themselves. 



S3 In Cod. Theod. 1. 13. tit. i. de 
LofltrBl. Collat. leg. i. (t. 5. p. 4.) 
Semiitar pneGipuum crimeD, &c. 

^ Crit. in Baron, an. 330. n. 6. 
(t. I. n. 426,) Calumnia, &c. 

M Ep. 343. [al. 88.J Sine Inscript. 
(t. 3. part I. p. 357 e.) T^v ^vtrKo- 
Xioy n^ avyKOfuKjf [rov] irpayfurrev- 
TiKov xpvoiov, ircofTW fidKurra ^ cr^ 

» L. 3. C. 39. (v. 3. p. 37I;30;) 

ipdmv r^ rpotpijv fropi^ovo't, Kal rais 
aartfmwkouatus r^ &pay rot) aatiior 
rof , Km T. A* 

3> Otat. T4. cent. Florent. (t. 3. 
p. 437 d. II.). . .Touro dc coTtv 6 a- 
MpffTos ^poff, Hpyvpoi Koi xpvo'or, 
^pvmw frpoaiovaag irouoy ris dwitfhs 
mwrmipUlas^ k. r. X. [Thacydidea, 1. 
3. c. 1049 baa mprmipU, and in Pfai* 



dar, 0. 3. 38,we findTrcvrocrnplr. Ed.] 

27 Qusest. in Vet. et Nov. Test. 
75. (t. 5. append, p. 73 e.) Didrach-* 
ma capitum vel tributi exactio inteU 
ligitur; quod nunc pannosum au- 
rum appellatur, ouia et pauperea 
eziguntur. [The Ed. Bened. reada 
the first clause thus, — Didraehma 
cc^ntum exactio inielligitur, rum prtS' 
dtorum, EdJ 

28 Cod. Theod. 1. 16. tit. 3. de 
Episc, &c. leg. 8. (t. 6. p. 33.) ... 
.... Si ^ui de vobis alimonise causa 
negotiationem exercere volunt, im* 
munitate potientur. — Ibid. 1. 13. 
tit. I. de Lustral. Collat. leg. i. (t. 5. 
p. 3.) Negotiatores omnes protinus 
convenit aurum argentumque prse- 
bere: dericos ezcipi tantum, ^eX] 
qui copiatsB appellantur, nee ahum 
quenquam eaae immunem. 



/ 



140 Exemption of the clergy 

thoy should be freed from custom.' But, that none of then 
might abuse this privilege to covetousness, they were confined 
afterwards by several laws to trade within a certain sum, wUdr 
if they exceeded they were to pay custom for it. This i^pean 
from a second law'^^ of the same Constantius, and another^ of 
Gratian's, where the Italian and Illyrican clerici are confined 
to the sum of ten solids, and the Oallican to fifteen. Yet if any 
would trade further, only with a charitable design, to raise 
funds and monte-pias for the use of the poor, they were alloW' 
ed, by two other laws^^ of Constantius, to employ what suxna 
they pleased, and pay none of this tribute for them. It is to be 
noted further, that this immunity was granted by Honorius^ 
to the Catholic clergy only, and to no others. And the privi- 
lege was esteemed so great, that some covetous tradesmen 
would use means to get themselves admitted to a titular office 
among the inferior clergy of the Church, with no other design 
but to enjoy this immunity, and to follow their trade without 
paying the lustral duty. Against whose fraudulency and cor- 
ruptions the emperor Arcadius made a severe law ^^, command- 
ing ' all such, if they followed their merchandize, to be deprived 
of this immunity of the clergy ; or if they would devote them- 
selves to the sacred service, then they should abstain from all 
such fraudulent and crafty ways of gain : for,' saith he, * the 
wages of religion and craft are very different from one an- 
other.* And for this reason probably, when the revenues of 

^ Ibid. leg. 15. (t. 6. p. 4a.) Cle- tonim dispendiis minime obligentur 

rici vera, vel hi quos copiatas recens [clerid,] cum certum sit quaestus, 

U8US iDStituit nuDcupari, ita a sor- quos ex tabernaculis [leg. tabemis] 

didis muneribus debent immunes atque ergastenis coUigunt, pauperi- 

Rtque a collatione prsestari, si exi- bus profuturos. — Ibid. leg. 14. (p. 

guis admodum mercimoniis tenuem 40.). ... Si quid .... mercatura .... 

sibi victum vestitumque conqui- congesserint, in usum pauperum at- 

rent. que egentium ministran oportet, &c. 

^ Ibid. 1. 13. tit. I. de Lustral. ^2 fbid. leg. 36. (ibid. p. ^4.) 

Collat. leg. II. (t. 5. p. 14.) Etsi Catholicse religionis clerici .... ab 

omnes mercatores spectat lustralis auraria pensione habeantur iminu- 

auri depensio, clerici tamen intra nes. 

Illyricum et Italian) in denis soli- ^ Ibid. 1. 13. tit. i. de Lustral. 

die; intra Galliam in quinis denis Collat. leg. 16. (t. 5. p. 17.) Omnes 

solidis immunem usum conversa- corporatos prsedpimus con- 

tionis exerceant. Quicquid autem venuri, ut, aut commoda negotia- 

supra hunc modum negotiationis torum se^uentes a clericorum excu- 

versabitur, id oportet ad functionem satione discedant, aut Sacratisaimo 

aurariam devocari. Numini servientes versutis c^uaesti- 

^^ Ibid. 1. t6. tit. 2. de Episc, bus . . abstineant; distincta enim sti- 

&c. leg. 10. (t. 6. p. 34.) Negotia* pendia sunt religionis et calliditatis. 



frO)i) ff(,rf\<! and viriJ (offices. 



Ul 



the Chiircli were hocoiiie sufficient to maintain all the (•1(M'L^^^ 
Valentiniiin the Third enacted a law^^, * that none of the clergy 
should negotiate as formerly; otherwise they should come 
under the cognizance of the secular judges, and not enjoy the 
priTilege of the clergy.' Evagrius^^ adds, that the emperor 
Anastasius quite abolished the chryaargyrum or lustral tax 
Hself : and that is the reason why there is no mention at all 
made of it afterward in the Justinian Code. 

7. Another sort of duty incumbent on the subjects of the Of the 



taihtm. 



empire, was the burden and charge of giving entertainment to ^^lu^ 
the emperor's court and retinue, when they had occasion to?®^J 
travel ; or to the judges, or soldiers, as they passed from one and theW 
place to another. This the Civil Law calls metatum, and the ^^^ 
Greeks iiirirop, from the word metatores, which signifies the from it. 
emperors' harbingers or forerunners, who were sent before to 
provide lodging and entertainment for them. In allusion to 
which, Cyprian, speaking of Rogatian, an eminent presbyter of 
Carthage, who was the first martyr that was sent to prison in 
the Dedan persecution, says ^7, <he was metator to the rest, 
ikrir harbinger that went before them to prepare a place in 
prison for thenu' And in the same sense Lucian the martyr, 
in Cyprian 38, elegantly styles Decius himself, metator em Anti- 
christi, the harbinger of Antichrist, who by that terrible per- 
secution made preparation for his coming into the world. From 
this notion of the word metator, that duty of yielding enter- 
tainment to the emperor's retinue, &c. has the name of meta^ 
ttan in the two Codes of the Civil Iaw. But the clergy were 
excused from this by a law of Constantius^^, where he says 
*they should not be obUged to entertain strangers;' by which 
he cannot be supposed to excuse them from the Christian duty 



M NoTel. 12. ad calc. Cod. Theod. 
(t. 6. append, p. 26.) Jubemus ut 
derici nihil prorsus ne^tiationis 
ezerceant. Si velint negotiaii, sciant 
•e jodicibos aubditos, dericorum 
prhnkgio non mnniri. 

^ L. 3. c. 39. See a. 6. n. 19. pre- 
ceding. 

^ God. Theod. 1. 7. tit. 8. de Onere 
Metati. (t. 2. pp. 352, BeaOb)— -Cod. 
Jnatin. L 12. tit. 41. de Metatis. (t. 

^ Ep. 81. [al. 0.] (p. 178.) 



Primum hospitium vobis in careers 
pneparavit, et metator quodammo- 
qo vester nunc quoque vos ante^ 
cedit. 

^ Ap. Cypr. Ep. 20. [al. 22.] (p. 
202.) Uam tu, Deo volente, ipsum 
anguem majorem, nietatorem Anti- 
christi, non tantum confessus deter- 
niisti vocibus illis, &c. 

89 Cod. Theod. 1. 16. tit. 2. de 
Episc, &c. leg. 8. (t. 6. p. 32.) 
Prseterea neque hospites suscipie- 
tis. 



< 



142 



Exemption of the clergy 



of hoBpitality to the indigent, but from this civil duty of the 
Roman state, to which other subjects were obliged. Whence 
Gtothofred^^ very truly obseryes, 'that the clergy in this 
respect had equal priyileges with senators' houses, and Jewish 
synagogues, and Christian churches; all which were exempt 
from this duty of entertuning. And if the Greek collector of 
the Ecclesiastical Constitutions out of the Code, published by 
Fabrotus, mistake not, this immunity extended to their ser- 
vants also. For he says^^ 'neither the clergy nor their ser- 
vants were subject to any new impositions, or to this burden 
called the metatum.' 

8. And hence it appears further, that they were freed fi*om 
S^f^^^o. all exactions, which went by the name of superindicta and ex- 



OftfaatM- 



S^^V^ traordinartay that is, such impositions as the emperors thought 
exempt necessary to lay upon the empire, or any part of it, beyond 
from them. ^ ordinary canonical taxes, upon great exigencies and extra- 
ordinary occasions. For as the ordinary taxes were called tn- 
dictionsy so these extraordinary were called superindictions*^. 
From these the clergy were universally exempted by several 
laws of Christian emperors. As by that of Constantius in the 
Theodosian Code ^3, where he refers to a preceding law to the 
same purpose. 'According to the decree,' says he, * which you 
are said to have obtained heretofore, no one shall impose any 
new taxes upon you or your servants, but you shall enjoy a 
perfect immunity in that respect.' Gothofred upon the place 
says, by this law 'they were freed from all extraordinary 
tribute, and only bound to the ordinary and canonical taxes.' 
And so it was in the time of Honorius and Theodosius Junior, 



^ Paratitl. ad Cod. Theod. 1. 7. 
tit. 8. de Onere Metati. (t. 2. p. 264.) 
Immunes scilicet erant a metato 
clerici, senatorum domus, synagogae 
Judteorum, et religionum loca. 

^1 Collect. Constit. Eccles. ex Cod. 
1. I. tit. 3. 8. 1, (ap. Corp. Jur. Ca- 
non, t. 2. p. 1253.) Ol KknplKoX KOI 

r& aydpoiroda aurcbv qvy v7r6K€umu 
Kmvals ctot^potff tj fUTorois, [Vid. 
ap. Basilic. 1. 3. tit. i. c. 50. (Fa- 
brot. t. I. p. 142.) KkrfpiK6s fj oU€' 
Tfis avTov, fi^ ^apfi<T$» Koivais aw- 
rcXcuttf, fufdi furdra dMrwrtof. 
Ed.] 



42 Vid. Cod. Theod. 1. 11. tit. 6. 
de Superiudicto. (t. 4. pp. 63, seqq.) 
et Cod. Justin. 1. 10. tit. 18. de eo- 
dem. (t. 5. p. 31.) Nihil super indic- 
torum, &c. 

^ L. 16. tit. 2. de Episc, &c. leg. 
8. (t. 6. p. 32.) Justa sanctionem, 
quam duaum meruisse perhibemini, 
et vos et mancipia vestra nullus 
novis collationibus obligant [id est, 
obligabitj sed vacatione gaudebi- 
tis. — Cf. Gothofr. in loc. (ibid. col. 
dextr.) Ab. extraordinariis col- 
lationibus immunes facti fuerunt^ at 
nondum ab ordinariis et canonicis. 



y. Jrom taxa and civil ojfieet. 149 

■nito 413, whm, by s law grandng nunj otbw [RiTil^ea to 
the Cburch relating to her poBses^ons, they insert this among 
the rest**, ' that no extraordinary tariboto or superindiction, 
bnt only the common canonical tax, should be required of her.' 
Which vas finally confirmed by JostiuiaD''^, and made the 
i ptamling law of the Roman empire. 

9> As to some other duties and bordeos, the laws a littie 11h 
Tiuied. For sometimes the clei^ were exempted, and some- ^ 
times not ; as particularly in the case of contributing to the ^^ 
maintenance and reparation of public ways and bridges. By the 
the forementiooed law*' of Honorius, anno 413, all church-*^ 
lands are excused from those duties, and it is called an injury brid 
to bind them to any contribution toward them. Yet not long 
after, anno 423, Theodosius Junior made a law '' for the Eastern 
empire, which excepts no order of men from bearing a share 
in this matter, bnt obliges, as well his own poseeeraons, (called 
domuf divtMB in the style and language of those times,} as 
dinrches, to take their proportion in it. And about the same 
time Yalentinian the Third made a law*^ to the same efiect in 
the West Justinian confirmed the law of Theodosius by insert- 
ing it into bis Code*^, and added another law of his own 
among his ^ovek^, where though he grants the clergy an 

^ lUd. ten- 40' (p- 79-) Nihil ex- aiai Um landabili titolo Ubenter ■- 

'' — "" — II tHa am niperiDdicti- ■cribimuB. 

Nibil pneter « Norel.ii. adcale. Cod.Theod. 

eJDi fdnctio- (t. 6. append. 11.) Sancimiu, ut 

utiquatu omiiibus privilegiiB, qua 
yel aignitatibus delata fuerunt, vel 
diverBEe militite, collegia mrnieruot, 

nun ecdedaram poweMiombus, ne- aut nomine venerancUe religionia 

que Mudidaa functionea. Deque ex- obteutum eat, omnia ubique ceneua, 

tnordinariw dewrriptioim atutinere, qni non peraooarum eat, sed agro- 

ftc. nun, ad unireraA munia a nova 

** Cod. Ilieod. 1. 16. tit. a. de duntaiat iadictione, nt aupra defi- 

Epwc., &c. leg. ^o. (t. 6. p. 79.} nivimiu, absque uUa diacretiane co- 

NuDa jngatioDe, qua talium pnvile- gatur in quarts parte, 

^onim iorte gtatolatur, mnniendi *> L. i. t. 3. 1^. 7. (t. 4. p. 3,1;.) 

i6umt coBBtringat injuria ; . . . nulla Ad iuatruetionea itinenim ponUuni- 

pontinm instumdo; nulla traoala- que etiam divioas domoa et venen- 

tionam aolkitudo gignatnr. biles ecdeaiaa tam budabili titulo 

^ Ibid.l.ig.tit.3.deItiner.Mu- libenter aacribimus : quia non eat 

niaid, leg. 6. (t. 5. p. 344.) Ad inter sordida munem numrratum. 

BCtionea reparatiaDeaqoe itine- ^ Novel. 131. c. ^. [t. 5. p. 583. 

pontiamqne nuDum genua ho- ad catc.) Si tamen itmeria atemendi 

mi ... . GMMn qportat. Domoa aut poatium fedifidi vel reparatio- 

a divinaa, ac renenndaa eccle- nia opua fuerit, ad instar aliorum ^ 




144 



Exemption of the clergy 



immunity from extraordinary taxes, yet be adds, * Aal if 
there was occasion to make a way or build or repair a bridge, 
then churches as well as other possessors should contribute to 
those works, if they had possessions in any city where such 
works were to be done.' [And so, anno 742, King Ethelbald^^ 
in the Synod of Cliff or CloYosho, granted an immunity to 
church-lands, excepting payments to an expedition and build- 
ing bridges and caBtles.] 
At also 10. The laws varied likewise in another instance of duty 

Aom the 

duty cdlfid required of the subjects, which was to furnish out horses and 
^"^^^^ carriages for conveying of corn for the soldiers, and such other 
H«, &c things as belonged to the emperor's exchequer. This duty 
in the Civil Law*'^ goes by the name of cureus publicus, and 
angaria^, and parangarice, and translatio, and evectio, and 
the horses used in this service are particularly called p<Mrave- 
redi and equi cursuales. Now the clergy at first were exempt 
from this service by two laws of Constantius made in the 
former part of his reign *3, which expressly excuse both their 
persons and their estates from the duty of the parangarim. 
But by another law in the last year of his reign, anno 360, he 
revoked this privilege, obliging the clergy to the duty of trans- 
lation, as it is there worded**, by which he means tliis duty 
of furnishing horses and carriages for the emperor's service. 
And this he did, notwithstanding that the Council of Ariminum 
had petitioned for an immunity, being at a time when Con- 
stantius was displeased with them. However this law continued 
in force, not only under Julian, but under Valentinian and 
Theodosius, till by a contrary law ** about twenty years after, 



possessorum, hujusmodi opus et 
Banctas ecclesias et venerabiles do- 
mo8 complere, dum sub ilia possi- 
dent civitate, sub qua tale fit opus. 

^' [V^d. Spelman. Concilia. Lond. 
1639. (t. I. p. 231.)' . . . Ut per om- 
nia libertas, honor, auctoritas, et se- 
curitas Christi ecclesisD a nulla per- 
sona denegetur, sed sit libera ab 
omnibus scecularibus servitiis, et 
omnes terrse ad illam pertinentes; 
exceptis, expeditione, pontis et ar- 
cis constructione. Ed.J 

w Ck)d. Theod. 1. 8. t. 5. de Cursu 
Publico, Angariis, et Parangariis. 
(t. 2. pp. 506, seqq.) — Cod. Justin. 



6 



1. 12. tit. 51. (t. 5. p. 317.) 

M Cod. Theod. 1. 16. tit. 2. de 
Episc, &c. leg. 10. (t. 6. p. 34.) 
Parangariarum quoque parili modo 
"a clericis] cesset exactio. — Ibid, 
eg. 14. (p. 40.) Ad parangariarum 
quoque praestationem non vocentur, 
nee eorundem facultates atque sub- 
stantiae. 

^ Ibid. leg. 15. (p. 42.) .... Ad 
universa munia sustinenda, transla- 
tionesque faciendas, omnes clerici 
debeant attineri. 

** Ibid. 1. 1 1, tit. 16. de Extraord. 
et Sordid. Muner. leg. 15. (t. 4. 
p. 127.) Circa ecclesias, rhetores. 



to. 



II. 



from taxes and civil ojffices. 



145 



anno 382, they restored t)ie clergy to their ancient privilege ; 
which was further confirmed to them by Honorios^^, anno 41 2, 
whose law is still extant in both the Codes. Yet Theodosius 
Junior and Valentinian the Tliird, anno 440, took away their 
priyilege again, and, by two laws ^7, made church-lands liable 
to these burdens of the angaricBy parangarice, ^*c., whenever 
the emperor should be upon any march or expedition, as well 
as all others. From all which it appears, that there was no 
certain rule observed in this matter, but the clergy had, or 
had not this privilege, according as the state of affairs would 
bear, or as the emperors were inclined to grant it. 

11. Besides these public taxes and duties, there was also one Of tho tn- 
I«ivate tax, firom which all lands given to the Church or to any ^^^^ 
charitable use were exempt by the laws of the empire. This in mu% uneUg^ 
the Civil Law is called denarismua or uncicB, and descriptio hq lucrah- 
bierativarum. The reason of which names will be understood (^/"f* 

, , and tho 

by explaming the nature of the tribute. It was a sort of tax church's 
paid, not to the emperors, but to the curia or curiales of ^^^^^'^ 
every city, that is, to that body of men who were obliged by 
virtue of their estates to be membera of the court or conxmonin 
aonmeilj and bear the offices of their country. Now it some- 
times happened, that one of these curialea left his estate to 
another that was not of the curia; and an estate, so descend- 
ing, was said to come to him ex causa lucrativa, which, being 
<9poeed to cauea oneroeay is when a man enjoys an estate by 
ffh or legacy, and not by purchase. But now, lest in this case 
the giving away an estate from the curia might have brought 
a greater burden upon the remaining part of the curiales, the 
person so enjoying it was obliged to pay an annual tribute to 



atqoe grammaticofi eruditionis utri- 
vaqoSy wHu tomore durante, . . . . ne 
psravwedomm hnjusmodi viris aut 
wangurianiDi pnebitio mandetur, 

M Ibid. L 16. tit. 2, de Episc, 
&c. le^. 40. ( t. 6. p. 79. ) Nulla 
tramlationam solidtudo gignatur, 
&e. al. ogDetor, aa it is in the Jus- 
Hoian Gmc, 1. i. tit. 2, de Sacro- 
•anct. Ecdes. leg. 5. 

*^ Cod. Justin. 1. 2. tit. a. leg. 11. 
ft. 4. p. 38.) Neniinem ab angariis, 
vd parangariis, vel plauatris, vel 

BINGHAM, TOL. II. 



quolibet muDere excusari praecipi- 
mu8, cum ad felicissimam expedi- 
tionem nostri numinis, omnium 
proxoncialium per loca, qua iter arri- 
pimus, debeant solita nobis roinis- 
teria exhiberi ; licet ad sacrosanctas 
ecclesias possessiones pertineant. — 
It. 1. 13. tit. 51. de Cursu Publico, 
leg. 21. (t. 5. p. 322.) Nullus I>eni- 
tu8 cujuslibet ordinis seu dignitatis, 
vel sacrosancta ecclesia, vel domus 
regia, tempore ex])editioni8 excusa- 
tionem angariarum, seu ))araDgaria< 
rum habeat. 




146 



Exemption of the clergy 



the cwria of the city, which from the nature of his tena 
caQed deecriptio luerativarum, the lucrative tcus: and b 
every head of land, eyeryjuffum or caput as the law tei 
was obliged to pay annually a denarius, or ounce of 
therefore the tax itself was called uncice and denarismt 
in the laws of Theodosius the Great ^^, cited in the m 
Theodosius Junior and Yalentinian the Third made th 
double *9, laying four siliqude, which is two ounces of 
upon every head of land. According to which rate, 
possessor, who held any estate by the aforesaid tenun 
obliged to pay tribute out of it to the curia of the c 
which he belonged. But if any such estate was given 
Church, it was exempt from this tribute, if not before, 
least in the time of Justinian. For there are two laws 
to this purpose, the one in his Code^, the other in his Na 
in both which such lands, as any of the curiales gave 
church, or a monastery, or hospital of any kind, are 
cularly excepted from this lucrative tax ; and tiiat p\ 
intuitu, as it is there worded, * in regard to religion, ai 
cause it was fit to put some difference between things 1 
and divine.' But whether the Church enjoyed this imn 
under any other prince before Justinian, is what I lea' 
curious to make the subject of a further inquiry ; wl 
proceed to consider another sort of immunity of the c 



*8 Cod. Theod. 1. la. tit. i. de 
Decurionibus, leg. 107. (t. 4. p. 
453.) Quicunque haeres curiali, 
vel legitimus, vel electus testa- 
mento graduve saccesserit ... vel si 
quern Uberalitas locupletarerit forte 
viveDtis, quos a cunse nexu con- 
ditio solet dirimere, sciant, pecu- 
niariis descriptionibus, . . . . aa de- 
narismum sive uncias, sese auctoris 
8ui nomine retinendum. — It. leg. 
123. (ibid. p. 467.) Quidquid ex 
substantia curialium ad unumquem- 
que diversa largiendi occasione per- 
venerit, denarismo vel unciis habea- 
tur obnoxium in ea parte, in qua auc- 
toris sui nomine fuerat retentatum. 

^^ Ibid. tit. 4. de Imponenda Lu- 
crativis Descriptione, leg. unic. (p. 
529.) Hi, qui ex lucrativa causa pos- 
sessiones detinent, quse aliquando 
curialium fuerint, pro singuliB ea- 



rum jugis et capitibus qu 
siliquas annuse [leg. annuas] 
bus nomine descriptionis exB< 

^ Cod. Justin. 1. i. tit. 2. 
crosanct. Eccles. leg. 22. (t. 4. 
Sancimus res ad venerabiles 
sias, vel xenones, vel mon 
vel orpbanotropbia, vel gen 
mia, vel ptochotropbia . . . . t 
dentes ex qualicunque curial 
alitate .... a lucrativorum i 
tionibus liberas immunesque 
Cur enim non faciamus die 
inter res divinas et bumanas i 

«i Novel. 131. c. 5. (t. 5. 1 
Si quse vero res ex cu 
substantiis ad quamlibet saci 
tam ecclesiam, aut aliam ve 
lem domum, secundum lege 
runt, aut postea venerint, 
eas esse sancimus descriptii 
crativorum. 



^^»12, 13. frwa taxes and civil offices. 147 

which was their exemption from civil offices in the Roman 
empire. 

12. Of these offices some were personal and others predial, The clergy 
that is, such as were tied to men's estates and possessions, f^m all 
Some again were called honores, honourable officer; and others <^^»i P«'- 
munera sordida, mean and sordid offices. Now, from all ficea. 
these, as well patrimonial as personal, honourable as well as 
sordid, by the first laws of Constantino, the clergy were uni- 
Tersally and entirely exempt. But after-ages made a little 
distinction as to such of the clergy, who enjoyed patrimonial 
secular estates of their own, distinct from those of the Church : 
for such of the clergy were sometimes forced to leave their 
ecclesiastical employment, and bear the civil offices of the 
empire ; — of which more by and by. But as to offices, which 
were purely personal, the clergy were entirely exempt from 
them; as appears from a law of Valentinian and Gratian*^^, 
still extant in both the Codes, where every order of the clergy, 
not only presbyters and deacons, but subdeacons, exorcists, 
readers, door-keepers, and acolythists, are specified as exempt 
from personal offices : and that is the meaning of that law of 
Constantius, mentioned both by Athanasius^^, and Socrates6\ 
and Sozomen^*, where they say he granted the clergy of 
MgYpt aX€iTovpyri<rCav and iriKtiav \€iTovpyrjfi<iT<av, — exemption 
from such offices as had been forced upon them in the Arian 
persecution, 

18. Again, for those called sordid offices, not only the per- And from 
sons of the clergy, but the estates of the Church were dis- ?^'*^*^ °^ 
charged of all burdens of that nature. Constantius made two predial and 

personal. 

^ Cod. Theod. L 16. tit. 2. de est. Ed.] 

Episc.* &c. leg. 34. (t. 6. p. 56.) ^^ Apol. 3. t. i. p. 773. (t. i. 

Pretbyteros, diaconos, subdiaconos, part. i. p. 136 e. n. 7.). . . . Ttjv drt^ 

exorcistBS, lectores, ostiarioa etiam, \€uiv, ^s eTv^ov jraKai oi Hfia avr^ 

et onmes perinde qui primi sunt, Kkr^piKoi^ tovtoh ^€fiaici>6rjvai npoa^ 

personaHum munenim expertes esse i^jcdin-ax . 

pnedpimus. — ^The Justinian Code, ^ L. 2. c. 23. (v. i. p. 116.3.)- • • 

L I. tit. 3. leg. 6. (t. 4. p. 75.) has T^y oKtirovpyr^viav, fiv oi ahrov kKti- 

the aame, onl^ instead of the words piKoi tlxov, r^v avrrfv ndkip B^koy^v 

omnes qui pnmi Sunt, it reads aoo- tx^iv. 

hfikos. [Annotat. in loc. Hoc ver- ^ L. 3. c. 31. (ibid. p. 126. 41.) 

bum in tmo duntaxat manuscripto Ilpoo-cra^c . . . . wr rh npXv dreXctav 

reperi, cum in csBteris desit. Et in cxrtv \€iTovpyrjfidT<ov roifs avrov icXi;- 

C. Tb. stmt qui dericos fuisse ne- ptKov£. 
geuL Qua de re amplius videndum i 

L 2 



148 Exemption of the clergy 

la?r8^ to this purpose, which Valentinian and Theodosius oon 
firmed, granting the clergy, and some other orders of men, thi 
same immunity in this respect, as they did to the chief officen 
and dignitaries of the empire ; and they intimate^^ also, thai 
this was no new privilege, but what by ancient custom the] 
had always enjoyed. The same is sidd by Honorius, that thif 
was an ancient privilege of the Church, conferred upon her bj 
his royal ancestors, and that it ought not to be diminished; 
therefore he made two laws^^ particularly in behalf of the bishoji 
of Rome, ' that no extraordinary office or sordid function 
should be imposed upon him.' Nor do we ever find the clergy 
called to bear any such office in the empire. For though Go- 
thofred^ in his Notes upon the forementioned law of Theodo- 
sius ^9, where several of these offices are specified, reckons the 
angaricB and building and repairing of ways and bridgefl 
among sordid offices ; yet I have shewed before, that what was 
exacted of the clergy in reference to those two things, was 
under the notion of a tribute, and not an office. And the laws, 
which require the clergy to contribute toward them, say ex- 
pressly 7o, <that they are not to be looked upon as sordid 
offices, nor any duty to be exacted under that notion.' 
Alao from 14. As to the other sort of offices called hotwres, honourahU 
mu^dpal ^^ municipal offijces, which are otherwise termed curial offices, 
offioet. because they who bare them were called curialea et decuriO' 
neSf nien of tfie court or curia of every city, all the clergy who 

^Ck>d.Theod.l.i6.tit.a.deEpi8c., extraordinarii muneris vel sordidc 

&c. leg. 10. (t. 6. p. 34.) ... . Repel- functionis agnoscat. [Conf. ibid, 

laturaue ab his exactio munerum leg. 22. (p. 133.) Privilegia venera- 

sordiaorum. — Conf. ibid. leg. 14. (p. bili ecclesiae, &c. Grischov."] 

40.^ Omnia a clericis .... iniquse ex- ^^ In Cod. Theod. 1. 11. tit. 16. 

actionis repellatur improbitas, &c. leg. 15. (t. 4. p. 128.) Quartum [sor- 

^ Ibid.i. II. tit. 16. deExtraord. didum munus] est paraveredorum 

et Sordid. Muner. leg. 15. (t. 4. et parangariarum prsebitio. . . . Duo- 

p. 127.) Maximarum culmina dig- decimum munus inter sordida nu- 

nitatum .... ab omnibus sordidis meratur viarum et pontium con- 

nuincribus vindicentur Circa structionis solicitudo. 

fcclesiaH, rhetores, atque grammati- 70 Cod. Theod. 1. 15. tit. 3. de 

COR fruditionis utriusque, vetusto Itiner. Muniend. leg. 6. Honor, et 

uu»re durante, &c. Theod. Jun. (t. 6. p. 344.) Absit ut 

^ \h'n\. leg. 21. (p. 133.) Privile- nos instructionem via publicse, et 

gill venerubilis ecctesise, cjuse divi pontium stratanmique operam 

prtni*i|K'rt contulerunt, immmui non mter sordida munera numeremus, 

oiM>rtet : proinde etiam quae circa &c. — Vid. Cod. Justin. 1. i. tit. a. 

urhiH R4>uiflp episcopum, observatio de Eccles. leg. 7. Ejusd. Honor, et 

iutrinerata custodiet. Ita ut nihil llieod. (t. 4. p. 35.) 



frwa taxes and civil offices, 149 

had no lands of their own, but lived upon the revenues and 
poasessions of the Church, were entirely exempt from them, 
because the duties of the Church and State were not thought 
wen confflstent in one and the same person ; and it was deemed 
unreasonable to burden the lands of the Church with the civil 
duties of the empire. When Constantino was first quietly set- 
tled in his government, immediately after the great Decennial, 
commonly called the Dioclesian persecution, he seems to have 
granted a full and unlimited immunity in this respect to all the 
clergy, as well those who had lands or patrimony of their own, 
as those who lived wholly upon the revenues of the Church. 
For thus he expresses himself in a law directed to Anulinus, 
proconsul of Afric, recorded by Eusebius^i, which bears date 
anno 312 or 3 13 : ' Our pleasure is that all those in your pro- 
Tinoe, who minister in the Catholic Church, over which Csdci- 
lian presides, who are commonly called the clergy, be exempted 
from all public oi&ces whatsoever, that they may not be let or 
hindered in the performance of divine service by any sacrile- 
^ous distraction.' Anulinus has also an Epistle still extant in 
St. Austin^^, written to Constantino not long after, wherein he 
mentions this grant as sent to him to be intimated to Csdcilian 
and the Catholic clergy, viz. * that by the kind indulgence of 
his majesty they were exempt from all manner of offices, that 
they might with due reverence attend divine service.' And 
this Epistie of Anulinus is also related, but not so correctly, in 
the Collation of Carthage 7^. In this grant it is very observ- 

71 L. 10. c. 7. (▼. I. p. 487. 38.) agunt, quique clerici appellantur, 

AtSwtp iKMUfovs Toifs ctitro) TTJt inap' devotio [mea apud acta] parvitatis 

■)^ag r^ff <roi frcircorrv/ici^ff cV rj meee insmuare curavit, eosdemque 

nSokucj iKKkmrUft { KaiKikiay6s hortata est, ut, UDitate consensu om- 

^^(rn;it«, r^ c£ iavr&v vn7jp€a'iav nium facta, cum omni omnino mu- 

t;^ ayia ratrrji BpfjcrKtUf irapixov^ nere indulgentia majestatis vestrse 

nsf awnnp xXiyputovr inovopaCtw liberati esse videantur catholici, cus- 

fftMuny, oirA irdyrcoy mrofoirXttr todita sanctitate legis, debita reveren- 

rfir Xffirov/vyM0y fiovKopai dXrirovp- tia divinis rebus inserviant. [Editi 

yijfrmn biatfniKax&nvfu' Sirtts pr^ did omittunt mea apud acta, qute verba 

rwo9 nk&mfit fj i^oki<rBiiat»s Upo^ hue revocavimus ex MSS. Ed. Be- 

frvkav mh ttjs B^paartlat r$r r^ Ocid- ned., in loc., which puts a comma 

Ttfn offitikopiinit a(f)€\KtovTait ak\ei at tfideantur, and reads cathoUca cut' 

/loXXoy &f€v nrdff ^xkficrtns t^ todita, &c. See the last part of the 

idUa p6fu^ i^vfnjprr&yraif k, r. X. foUowing note. Ed.] 

^ Ap. August. Ep. 68. [al. 88.] 73 Die 3. c. 216. (CO. t. 2. p. 

(t. 9. p. 313 e.) Scripta ccelestia ma- 1488 c.) Augustis nostris Anulinus 

jettatuvMtrv accqita atque adorata y. c. proconsul Africse : scripta ec- 

Gsdliaiio et his, qui sub eodem desia majestatis restne accepta at- 



l50 Sxetnption of the ctergjf V.] 

able that this privilege was only allowed to the Catholic clergy; 
which made the Donatists very uneasy, because they could not 
enjoy the same favour : and upon this they became tumultuous 
and troublesome to the Catho^N^s*, procuring the clergy in some 
places to be nominated to puuiic offices, and to be made receiv- 
ers of the public revenues, &c. But complaint hereof being 
made to Constantino, it occasioned the publishing of a new 
order in Afric, pursuant to the former"^, *|that whereas he was 
given to understand that the clergy of the Catholic Church 
were molested by the heretical faction, and by their procure^ 
mcnt nominated to public offices, and made susceptors or 
receivers of tribute, in derogation of the privileges which he 
had formerly granted them, he now signified his pleasure 
again, that if the magistrates foimd any person so aggrieved, 
they should substitute another in his room, and take care for 
the future that no such injuries should be offered to the men 
of that profession.' Tliis law was published anno 313, and it 
is the first of this kind tliat Is extant in the Theodosian Code. 
About six years after, anno 3 1 9, he put forth another, upon a 
like complaint mailo in Italy, that the clergy were called away 
from their proper functions to serve in public offices ; and in 
this 3^^ he grants them the same general immunity as before. 
So again, anno 330, a complaint being made against the Dona- 
tists in Numidia, that when they could not have their will upon 
the superior clergy by reason of the former immunity that was 
gi'anted thorn, they notwithstanding forced the inferior clergy 
to bear offices in curia, upon pretence that the exemption did 
not extend to them ; Constantino, to cut off all dispute, pub- 

que adorata Cseciliano et his, qui ari, ut nominationibus seu 8U8cq>- 

8ub eodem agunt, quique clerici tionibus ali^uibus, quas publicus 

appellantur, devotio mea apud acta mos exposcit, contra indulta ibi 

parvitatis ineac insinuare curavit. — fleg. eibi] privilegia, prsegraventur. 

C. 220. (ibid, e.) Martialis exceptor Ideoque placet, si quem tua g^avitat 

ex superioribus gestis recitavit : invenerit ita vexatum, eidem alium 

Eosdein hottata est, ut, unitate con- surrogari, et deinceps a supradictie 

sensu omnium facta, munere majcs- religionis hominibus hujusmodi in* 

tatis vestrse liberati esse videantur, jurias prohiberi. 
catholica custodita, sanctitati legis *^ Ibid. leg. 2. (p. 33.) Qui divino 

debita reverentia ac divinis rebus cultui ministeria religionis impen- 

inserviant. dunt, id est, hi qui cleriri appellan- 

"-* Cod. Theod. 1. 16. tit. 3. de tur, ab omnibus omnino muneribus 

Kpisc, &c. leg. I. (t. 6. p. 3i.) excusentur; ne sacrilego livore quo- 

Hsereticorum factione comperimus rundam a divinis obsequiis avocen- 

ecclesise catholicae clericos ita vex- tur. 



4? 15* frotn ta^res and civil (fjjices. 151 

lished another law"^ wherein he partinibirly exempts the 
inferior clergy, readers, subdeacons, and the rest, from bearing 
offices in curia; and orders, that they should enjoy in 
Afidc the same perfect immunity as they did in the Oriental 
Churches. 

15. Now this immunity was so great a privilege, that it not But thu 
only became the envy of heretics, but also provoked some lege ^^ 
Cathofic laymen, who were possessed of estates qualifying ^^*? 
ihem to bear the offices of their country, to get a sort of titular clergy u 
ordination to some of the inferior offices of the Church, on ^ **? ® 

tates but 

purpose to enjoy this immunity; when yet they neither de-wh«tbe- 
ngned to do the duty of that office, nor to arise to any higher ^e^u 
order in the Churclt. Which being interpreted a mere fraudu- by the la 
lent collusion to deprive the State of fit men to serve the com- tine. 
monwealth, and no ways benefit the Church, it was presently 
resented by Constantino as an abuse ; and various laws were 
made both by him and his successors, as occasion reqiured, to 
restrain and correct it. Constantino at first, as I observed be- 
fore, granted this immunity indifferently to all the clergy, as 
irell possessors as not-possessors of private estates, whom he 
found actually engaged in the service of the Church, when he 
came to the quiet possession of the empire ; nor did he, for 
«>me years after perhaps, restrain any sorts of men from 
taking orders in the Church: but when he found this in- 
dnlgenoe to the Church, by the artifice of cunning men, only 
turned to the detriment of the State ; and that rich men shel- 
tered themselves under an ecclesiastical title, only to avoid 
the offices of their country ; he then made a law, that no rich 
plebeian, who was qualified by his estate to serve in curia and 
bear dvil offices in any city, should become an ecclesiastic ; or, 
if he did, he should be liable from the time that law was made 
to be fetched back and returned in curiam, to bear the offices 
of his country as a layman. What year that law was made is 
not very certain, save only that it was before the year 320, 
when a second law was made upon the same subject referring 

^ Ibid. leg. 7. (p. 31.) Lectores sunt, absolvantur : et de ctetero ad 

d i r ino r m n apicum, et h3rpodiaconi, similitudiDem OrientiB minime ad 

OBteriqae euana, qui per injuriam curias devocentur, eed immunitate 

hnelioorani ad curiam devocati plenisnma potiantur. 



/ 



1 5ft Exemption of the clergy VJ 

to the first. And from this we learn what was the hnport of 
both; — tliat it was Constantino s design to put a distindaoii 
betwixt such of the clergy as were ordained before that fint 
law, and such as were ordained afterward : the former he ex- 
empted from civil offices, though they were possessed rf 
estates, but not the latter. Which plainly appears from tiie 
words of the second law '7, which are these: * Whereas by » 
former law wo ordained, that from thenceforward no coun- 
sellor or counsellor's son, nor any one, who by his estate was 
sufficiently qualified to bear public offices, should take upon 
him the name or function of the clergy, but only such, whose 
fortune is small, and they not tied to any civil offices ; we are 
now given to understand, tliat such of the clergy, who were or- 
dained before the promulgation of that law, are molested upon 
that account. Wherefore our conunand is, ihat those be dis- 
charged of all further trouble ; and that such only as entered 
themselves among the clergy since the law was made, with ia- 
tention to decline public offices, shall be returned to the curia 
and states of their city, to serve in the civil offices of their 
country.' There is another law of Constantino's published 
after this?^, anno 326, a year after the Council of Nice, which 
speaks to the same effect, and shews that this was the standing 
rule of the Latter paii; of Constantino's reign, to exempt 
none among the clergy, who were qualified by estates of 
their own, from bearing personally the public offices of the 
empire, 
istan- 16. But however this might be well designed at first by him 
tUe J" *^ prevent some abuses, yet in process of time it became very 

77 Ibid. leg. 3. (p. 32.) Cum con- post legem latam obsequia publica 

stitutio emissa prsecipiat, nullum de^ declinantes ad clericonim numenim 

inceps decurionem, vel ex decurione confugerunt, curio; ordinibusque re- 

progenitum,veletiaminstruciumido- stitui, et cholibus obsequiis inser- 

neis facultatibus, atque obeundispub- vire. 

lids muneribus opporiunum, ad cleri' 7S Ibid. leg. 6. (p. 30.) .... Si 

corum nomen obsequiumque confu- inter civitatem et clericos super ali- 

gere; sed eos ,. .. quifortuna tenues, cujus nomine dubitetur, si eum ee- 

neque muneribus civilibus teneantur quitas ad publica trabat munera, et 

obsiricti: cognovimus illos etiam progenie municeps vel patrimonio 

inquietari, (fix ante legis promulga- idoneus di^oscetur, exemptus cle- 

tionem clencorum se consortio so- ricis civitati tradatur : opulentos enim 

ciaverint: ideoque praecipimus, his sacuUsubire necessitates oportet,pau'' 

ab omni molestia liberatis, illos, qui peres ecclesiarum divitiis susientari. 



,/roin taxea and civU offieea. Iw 

prqatUtnal to the Church. For by this means sometimes pros- *f^ * 
byters and deacons, after they bad been twenty or thirty years ot«dini 
in the Church's service, were called upon by liti^ous men t« !™^ 
bear civil ofSces, iocooeistent with the spiritual, and thereupon theCk 
they were forced to forsako their ecclesiastical function. This 
was so great an inconvenience, that it well became the wisdom 
of the followiag emperors to find out some suitable remedy for 
it ; which they did by new modifying Constantino's law, and 
abating something of the rigour of it. For they did not lay the 
burden of civil offices upon the persons of Uie clergy, but only 
upon their patrimonial estates, not belonging to the Chm-ch, 
and in some cases they excused those also. Constantius ac- 
qmtted all bishops of this burden, both as to their estates and 
persons^^; for by his laws they might keep their estates to 
themselyes, and neither be obliged to bear dvil offices in pcr- 
MD, nor substitute any other in their room. And he allowed 
the same privilege to presbyters, and deacons, and all others, 
provided they were ordained by the consent of the civil court, 
or curia, and the general request of the people. But, if they 
Here not so ordained, all that they were obliged to do, was 
only to part with two-thirds of their estate to their children or 
next relations, and substitute them in their room ; or, in defect 
of such relations, to give up two parts of their estate te the 
tuaia, and retiun the third to themselves. Valentinian, in the 
first year of his reign, anno 364, made the liw^^ a little 
(tricter: 'that such persons, when they were ordained, should 
pve all their estate to one of their relations, and substitute 
lum as a cttrialia in their room, or else givo it up to the curia 
itself; otherwise they should be liable to be called bock to 
serve in dvil offices as laymen.' But he extended this obliga- 
tion no further than to the beginning of his own reign : for by 
soother law^', made seven years after, anno 371, he exempted 

^ Itnd. 1. IS. tit. I. de Decurion. pro be faciat cunBlem, aut fftcultati- 
hg. 49. (t. 4. p. 387.) Solum episco- t>us curin cedat, qnam reliquit; ex 



pam fafnltitfft 1 

ante fbent conatitutum, nnllua adi- tnim fecit, cum clericiu esse ccepia. 

gat mandpare, aed ontiBtet maneat, set, &c. 

nee fitdat aaliatantis ceaaionem, **' Ibid. 1. 16. tit. j. de Episc, 



&c. leg. ai. (t. ti. p. 51.) Qui Ec- 
cleaue juge obaa^mnm deput 



■■Ibid. 1^.59. (p. 405) Qui F^- clesue juge obaagmi 
IM disit eecIeuK, ant in pro]Hn- curiia habeantur inmnue«, ri tameu 
qUQin bona propria conferendo eum ante ortum imperii noatri ad cultnut 



154 ExempHon of the clergy 

all aach as were in the flervice of the Church when he came in 
the crown, though they had estates of their own qualifyinj 
them to bear civil offices. Valcns^*^ exempted all such as h$i 
been ten years in the Church's service ; so that, if they wen 
not called upon by the civil courts within that term, they wen 
for ever after to be excused. Yalentinian the Second®' ex- 
empted them, provided they put a substitute in their room. 
Theodosius®^ exempted all tliat were ordained before the yeai 
388, wliicli was the tenth year of his reign : and of those thai 
were ordained afterward he only required the aforesaid condl 
tions®^, 'that they should either provide a proper substitute 
or give up their estates to the court at their ordinatioD. 
Which is also taken notice of by St. Ambrose in his answer in 
Symmachus, where he shows'*^ how unreasonable it was fo 
him to plead for the exemption of the heathen priests in thi 
respect, when the laws did not grant it to the Christian derg] 



Be legis noslrse contulisse consti- tulerint, omui sciant cedendom en 

terit. patrimonio. — Leg. 1 23. (p. 467.) Evi 

^ Ibid. leg. 19. (p. 47.) .... Si in dens etiam pnecepto nostro tempo 

consortio clericatus decennium qui- expressum est, ex quo consulato, 1 

etis impleverit, cum patrimonio suo qm de curialibus ad ecclesiam coe 

habeatur immunis. 8i vero intra fi- fugissent, omni scirent patrimoni 

nitos annos fuerit a curia re\'oca- curiae esse cedendum. 
tus, cum substantia sua functioni- ^ Ibid. leg. 104. (p. 450.) Curii 

bus subjaceat civitatis. les, qui ecdesiis malunt servir 

^ Ibid. 1. 12. tit. I. de Decurion. quam curiis, si volunt esse quod si 

leg. 99. (t. 4. p. 445.) Jussio, qua si- mulant, contemnant ilia quse sub 

bi Judsese legis bomines blandiun- trahunt: nee enim eos afiter, nifl 

tur, per quam eis curialium mune- contemptis patrimoniis, liberamus 

rum datur immunitas, resdndatur : ouippe animas divina . observatum 

cum ne clericis quidem liberum sit, aevinctos non decet patrimonionm 

prius se di^dnis ministeriis manci- desideriis occupari. — Leg. 115. (p 

pare, quam patriae debita universa 460.) Ad curiam derid pertinenta 

persolvant. Quisquis igitur vere sdant, ex patrimonio suo, si ins 

Deo dicatus est, sdium instructum immunes cupiunt permanere, alio 

facultatibus suis ad munera pro se idoneos esse fadendos, qui receden 

complenda constituat. tium pnesentiam personamque re 

^ Ibid. leg. 121. (p. 464.) Qui an- stituant in publicis muneribus sub 

te se eundum consiidatum mansue- eundis. 

tudinis mese ex ordine curiali, vd ^ Cont. Symmacb. [al. Ep. 18. a( 

presbyteri fastigium, vel ministe- Valentin. J (t. 2. p. 836 d. n. 13.) . . 

rium diaconi, vd exorcistse suscepit Nobis etiam privatae successionii 

officium, omne ejus patrimonium emolumenta recentibus legibus de 

immune a curialibus nexibus babe- negantur .... Si privilegium quseraj 

atur ac liberum. li vero, qui se ad sacerdos, ut onus curmle dedinet 

religiosa divini cultus obsequia, quo- patria atque avita et omnium facul' 

cumque sub nomine, post memorati tatum poMOBsione cedendum est. 
consulatus tempore prsescripta con- 



!• from taxes and civil offijces. 165 

bat upon such conditions. Arcadius, indeed, by the instigation 
of Eutropius, anno 398, cancelled all these favourable laws, and 
brought the clergy again to the hard rule of Constantino ^7, 
' that if any of the curiales were ordained in the Church, they 
should by force be returned to the ciyil courts again in person, 
and not enjoy the benefit of those laws, which allowed them to 
take orders, provided they disposed of their estates to proper 
sabstitutos, who might bear offices in their stead.' But this 
law was but very shortlived : for, Chrysostom and some others 
very justly declaiming against it, Arcadius disannulled it the 
year following by a new law ^^^ wherein he granted such of the 
clergy, as were taken and ordained out of the body of the cu- 
rialea, the same privilege that they had under his father The- 
odosius, which was, that all that were ordained before the se- 
cond consulship of Theodosius, anno 388, should enjoy a per- 
fect immunity, without any molestation ; and such as were or- 
dained after that term, if they were of the superior clergy, 
bishops, presbyters, or deacons, might continue in the Church's 
lervice, either providing a substitute to bear the offices of the 
turia for them, or giving up their estates to the curia, as for- 
mer laws in that case had directed. Only it was required that 
the inferior clergy, readers, subdcacons, &c., should be re- 
tomed to the curia again, and obliged to bear offices in per- 
son. And the same was determined by Theodosius Junior *^^, 



V Cod. Theod. 1. 9. tit. 45. De diaconi, vel hi clerici quibus cleri- 

hifl qui ad Eccles. confug. leg. 3. (t. corum privile^a non cfebentur, de- 

3. p. 361.) Decuriones manu bitis mox patnse muneribus pnesen- 

iDox injecta revocentur : quibus ul- tentur. 

terins legem prodesae non patimur, ^ Novel. 36. ad calc. Cod. 'Fheod. 

onae* ceuione patrimonii aubsecuta, (t. 6. append, p. 13.) lUustris magni- 

oecorionet ease clericoa non veta- ficentia tua pragmatici nostri tenore 

bat. comperto sciat, corporatiun urbis 

^ Ibid. L 13. tit. I. de Decurion. Rom«, qui non expleto ordine ccepti 

1^. 163. (t. 4. p. 496.) Si qui ex se- officii, iiriusquam ad primum iter 

cando divi patria noatri consulatu favor ad locum emeritus pervenerit, 

curiam retinqnentea clericorum ae ad militize cujuslibet cingulum ae 

oonsortio manciparunt, si jam epi- credidit tranaferendum, corporibua, 

acopi, vel preabyteri, vel diaconi esse cui nomen suum ante dicaverat, o- 

[aL male, diacono ease] meruerunt, portere revocari : sive etiam in cle- 

in aacria quidem et aecretioribua Dei ricorum numero reperitur, usque ad 

mvtteriia peraeverent; aed aut aub- diaconi locum similis prsrcepti con- 

Ititatam [al. aubstitutoaj pro ae cu- ditio teneatur, &c. — Novel. 38. (ibid. 

rm offerre cogantur, aut juxta legem p. 16.) ... . Presenti lege sancimus, 

dndom latam tradant curise faculta- ut quisquis ante hujus aanctionia 

tea. Residui omnea, lectores, aub- diem auacepit dericatus officium. 



156 Exemption of tht el&rgy 

and Valentinian the Thinl^\ and Majorian^i, whose laws ara 
extant at the end of the Thecnlosian Code. Justinian also has 
a Novo! ^^ to the same purpose, wherein he orders such of the 
inft'i'ior i*lei'p:v, as were taken out of any curia, to be returned 
tliithcr again, unless they had lived fifteen years a monastic 
life ; and then they were to give three parts of their patrimonj 
to the curia, and reUiin one to themselves. But he alloired 
bi>hops to put in a substitute, and be free from bearing ciril 
offices in person, as Julianus Antecessor, in his Epitome of the 
Authontics'J^ understands him. Though, I confess, there »9 
something to inchnc a man to think Justinian at first was ^ 
little more severe to such bishops, because he revived that aD.-* 
tiquatcd law of Arcadius in his Code 9^. But however this b^^ 
upon the whole matter it appears that the Christian prince^^ 
from fir^t to last, always made a wide difference between th^ 

non expletis urhis proprup muniis nihil de patrimonio suo alieDatomiiB 

ac muneribiis, in ea quidem, qua se esse cogrnoscat. 
meruit, religionis obsen'atione per- ^ Novel. 123. c. 15. ex Epitom. 

liuret, sed omnia per suffectum tarn Julian. Antecess. (t. 5. p. 547.) Si 

|)ersonalia quam jjatrimonii onera vero tales personae in dero conati- 

cogatur agnoscere, facultates suas tuantur, tanquam non ad ordinem 

pro virili portionc singulis filiis di- perducti, propriae fortunes restituan- 

vidat, sibimet simili parte sen'ata, tur ; nisi forsan monasticam vitam a- 

&c. liquis eorum non minus quindecim 

^ Novel. 12. (ibid. p. 26. ad calc. annis implevit, &c. — JTCouf. Cod. 

et p. 27.) Qui intra decennium Justin. 1. 1. tit. 3. de Episc. leg. 4. 

transactum a die latsn hujus legis (t. 4. p. 73.) ... . Ad priorem condi- 

dinconi ordinati Kunt, suflectos pro tionem retrabantur, &c. Ed.] 
se dare debebunt. Si non babcnt, ^ £pitom. Novel. 123. c. 4. post 

unde sibi bac ratione prospiciant, leg. 37. Cod. Justin, de Episc. (t. 4. 

ipsi ad nexum proprium rcducan- p. 108. ad calc.) Episcopahs ordo U- 

tur. Caeteris inferioris gradus ad benit a fortuna servili, vel ascripti- 

competentia ministeria retrahendis: tia, sed non a curiali sive ofHciali; 

exceptis episcopis atque presbyteris : nam et post ordinationem durat ; 

«ervatis tamcn, quae de patrimonio ita ut per subjectam vel interposi- 

taliuui porsonarum legum prapce- tarn personam oiiicium adimpleatur, 

dontium statuta sanxerunt. &c. 

!»i Novel. I. (ibid. p. 32.) Qui- w L, i, tit. 3. de Episc. le^. 12. (t. 

i'unupie 8e sub nomine clericatus, 4. p. 79.) Si quis curialis clencus fu- 

M'u qviodam roli^ionis obtentu, cu- erit ordinatus, nee statim, conven- 

naUs vi'l cori)oratus fortasse sub- tione preemissa, ])ristime condiUoni 

truM'ril. socundum prapoedentium reddatur, is vigore et solertia judi- 

K'^uiii xtatuta, si infra diaconatus cantium, ad pristinam sortem, veluti 

^t.uluni looatus probatur, ad origi- manu injecta, mox revocetur. Cle- 

iioin nuam Kinc ailatione revocetur. ricis emm ulterius legem prodesse 

Si \ no jnui diaconus.aut presbyter, non patimur, quae, cessione patri- 

4iii I'pimnMMiH lato^ bujus legis tem- monii subsecuta, decurionea cleri- 

iKM%> iv|Htntur, sive aifhuc oonoxius cos esse non vetd)at. 
Uiik« iiotiitMin. Hive muniis persolutis. 



^▼- 1 . from taxes and civil offices. 157 

pabUc patrimony of the Church, which was properly ecclesi- 

iBdcal, and the priyate estates of such of the clergy as had 

lands of a civil or secular tenure : for the one, the clergy were 

otiUged to no duty or burden of civil offices ; but for the other 

they were, and could not be excused from them, but cither by 

parting with some portion of their estates, or proviiling proper 

nbstitutes to officiate for them. The reason of which was, that 

nch of the clergy were looked upon as irreo;uLirly promoted ; 

it being as much agunst the rules of the Church, as the laws 

of the State, to admit any of the curia les to an ecclesiastical 

fimction, without first giving satisfaction to the curia, whence 

thqrwere taken, as has been shewed in another place '^\ 

I have been the more curious in searching to the bottom this 
haaness about tribute and civil offices, and have given a parti- 
cular and distinct account of them from the grounds of the 
Clnl Law, because but few men have rccoui^sc to those fountains 
whence this matter is to bo cleared ; and the reader will scarce 
find this subject handled, but either very imperfectly, or with 
aome partiality, or some confusion, in modern authors. 

CHAP. IV. 

Of the revenues of the ancient clergy, 

I. Thb next thing that comes in order to be considered is Screnl 
the maintenance of the ancient clei'ffy. Where it will be proper '^y* «' 

oJ II providing 

first to inquire into the ways and methods that were taken for fund for 
nusing funds for their subsistence. And here, to set aside a Je^nce^ 
little the consideration of tithes, which will be spoken of in the the derg; 
next chapter, we find other ways by which, in ancient times, a obU^ons 
decent provision was made for them. As, first, by the volun- ^?^\^^ 
tary oblations of the people, of wliich some learned pei*sons weekly. 
think there were two sorts : first, the weekly or daily oblations, 
that were made at the altar ; secondly, the monthly oblations, 
that were cast into the treasury of the Church. The first sort 
of oblations were such as every rich and able communicant 
made at his coming to partake of the eucharist ; where they 
offered not only bread and wine, out of which the eucharist 
was taken, but also other necessaries, and sometimes sums of 
money, for the maintenance of the Churcli and relief of the 
poor ; as is evident from those words of St. Jerom. in his Com- 

a* See s. i6. p. 153. 



158 The revemes of Y. 

mcnts upon Ezekiel^, where he tells us * ihat thieves and op- 
pressors made their oblations, among others, out of thrir iO- 
gotten goods, that they might glory in their wickedness, wliHe 
the deacon in the church publicly recited the names of those 
that offered; — such an one offers so much, and such an one hath 
promised so much ; — and so they please themselves with the 
<applause of the people, while their own conscience lashes and 
torments them.' Those called the Apostolical Canons^ speak 
also of the oblation of fruits and fowls and beasts, but order 
such to be sent home to the bishop and presbyters, who wear© 
to divide them with the deacons and the rest of the clergy, 
ind others 2. Another sort of oblations were made monthly, when i* 
^' was usual for persons, tliat were able and willing, to giv6> 
as they thought fit, something to the ark or treasury of th^ 
Church. Which sort of collation is particularly taken notion 
of by Tertullian^^, who says ' it was made menstrua die^ omcB 
a month, or when every one pleased, and as they pleased ; for 
no man was compelled to it : it was not any stated sum, but a 
voluntary oblation.' Baroniiis^ thinks this ark or treasury 
was called the corhan of the Church, because Cyprian * uses 

^ In Ezek. i8. P-537. (t.5. p. 209 (^/>ar.] •R [h^] ^XXiy ffocra oir^ipa 

a.) Quod multos facere conspicimus tU oUov antxrrcXXco^tf enrap;^ [aL 

qui opprimunt per poteutiam, anaip-)^i\ r^ tnicK^mb Koi vols irp€<r- 

vel furta committunt, ut de multis fivrtpois^ dKka firf npos r6 Ova-uuir^' 
parva pauperibus tribuant, et in suis ptoy. Afjkov dc, o>r 6 tnia-Konov koI ol 
sceleribus glorientur, publiceque dia- nptc^mpoi fmfifpl{ov<n [«al] rots 
conus in ecclesiis recitet offerentium diaK6voi£, koi rois Xoinois KkrjpiKots, 
nomina : . . tantum offert ille, tantum 98 Apol. c. 39. (p. 31a.)... Etiam 
ille pollicitus est ; . . . placentque sibi si quod arcse genus est, non de he- 
ad ])Iausum populi, torquente con- noraria [al. ordinaria] summa, quasi 
scientia. redemptae religionis congregatur : 

^7 Cc. 3, 4, 5. (Cotel. [c. 2.] V. I. p. modicam unusquisque stipem men- 

437.) £i Tis rrria-KOKo?, fj npta^m- strua die, vel cum velit, et si modo 

por, napa r^i^ \mh [al. roOJ Kvpiov velit, et si modo possit, apponit: 

didra^w TTjv cVi r^ Ova-iq., irpoa-fveyKTj nam nemo compellitur, sed sponte 

€T€pd Tiva cirl t6 [tov Qtov] Ova-ia- confert. 

arfipioUf fj jifKi, ij yaka, fj dvri olvov ^ An. 44. n. 69. (t. I. p. 332 d.) 

a-Ucpa, [^1 cfrtn;dcvr^, h opvfts, fj .... Idemque etiam meminit ae an- 

{S>d Ttva, 17 Sairpia, [eorj naph rrfv tiquo ecclesiarum usu, qui hactenus 

didra^iv Kvpiov noiiov, Ka6cup€ia'B». perdurabat, ut et in ecclesiis essent 

nXriv v€<av \ibp»v, fj trrdxvai airov, gazophylacia, in quibus oblatSB pe- 

fj ara<t>v\ns [r^ K€up^ r«o dcovrc.] cuniae conderentur, quae a Cypriano 

M^ €$6v [dc] foTtt frpoa-ayiaOai ri corbona nuncupantur. 
[tTfpov] rrpbt [al. th] t6 dvtrtacrTfj- * De Oper. et Eleemos. p. 203. 

piov, Kal [a\. fj"] IKawif th T^v [ayiav] (p. 1 4 1.) Locuples et dives es, et 

\vxviap, KM BvpiapM r^ Kcup^ rfjs Qominicum celebrare te credis, quae 

Oiias dva<f>opds [al. r^v dyiat irpov corbonam omnino non respicis ; 



3- fli* (tncitnt chnni. I.;!) 

tli;il word when ho speaks of the <)fferin<j:s of the ]um»]»1('; rc- 
\)uking a rich and wealthy matron for * coming to celebrate the 
cucharist without any regard to the corban, and partaking of 
tiie Lord's Supper without any sacrifico of her own.' Otliera^ 
conceive that corban is not a name for the treasury, but sig- 
nifies the gift or oblation itself; and tliat Cyprian so uses it, 
making it the same with the sacrifices or offerings of the peo- 
]de. But the EvangcUst, Matt. 27, 6, seems rather to favour 
the opinion of Baronius ; for when he says the chief priests did 
not think it lawful to put Judas's money ds tov Kopfiavdv, it is 
ofident he there by corban means the treasury, as most trans- 
lators render it. 

8. But however this be, it is very probable that hence came Whence 
the custom of dividing these oblations once a month among the ^^jn'of 
dergy. For as Tertullian speaks of a monthly collation, so monthly 
CTprian^ frequently mentions a monthly division, in which the among tb 
presbyters had their shares by equal portions, and other orders cl«fgy« 
ifter the same manner. Whence the clergy are also styled in 
Us language^ sportulantea fratrjes, partakers of the distrihu- 
tion; and what we now call suspensio a beneficio is, in his 
style ^, suspensio a divisions mensuma, suspension from tlie 
monthly division. Which plainly implies, that this sort of 
chnrch-revenues was usually divided once a month among the 
clergy. And perhaps in conformity to this custom it was that 
the Theodosian heretics, having persuaded one Natalius, a con- 
tmsoTy to be ordained a bishop among them, promised hun a 
monthly salary of one hundred and fifty denarii, yLrjviaia hrivd- 
pm iKoriv ircvn^icovra, as Eusebius words it^ referring to the 
asaal way of distribution once a month among the clergy. 

qam in dominicum sine sacriScio honorentur, et divisiones mensuraas 

fcnia s quae partem de Bacri6cio, aequatis quantitatibua paitiaQtur. 

qood panper oDtolit, aumia ? ^ Ep. 06. [al. i.J (p. 170.) ... In 

' manag. Exercit. in Baron, an. honore sportulantium fratrum tan- 

44. (p. 507.) Baronio aaaentiri non quam decimaa ex fructibua accipi- 

poMom de aignificatione corban. In entea. 

ce^^mt ertmi gtuopkylacia, in qui- ^ Ep. a8. [al. 34.] (p. 218.) Ifk' 

bus oNatm peeumuB conderentw, qv4t terim se a divisione menauma tan- 

« Cfftiamo corbona nunaqmntur. turn contineant, &c. 

n. 69. Arcala, in quam pecunia ^ L. 5. c. 28. (v. i. p. 253. 17.) 

oongerebatur, non designatur a 'AvcTrcto-^ dc 6 NaraXio£ vir ovt&v 

Cfpriano voce hac corbona j sed inl a-aXapi^ ariaicoiros Kktip^^BrjiHu 

donam ipaum a fidelibus oblatum. ravn^r r^r alpiO'tms, &aTt Xaft^ay^uf 

' Ep. 34. fal. 39.] (p. 224.) . . .Ut irap* avT&v luivuua brivapta ccar^v 

at sportoHa nadem cum preabyteiis n-cvr^icorra. 



i 



160 The revenues of 

SMondiyy 4. Another sort of revenues which the clergy enjojed were 
miMariaing ^^^^ ^ arose annually firom the lands and possessions which 
*^^ were giyon to the Church. These indeed at first were but 
poueMions small, by reason of the continual vexations and persecutions 
OimdL ^J^ch the Church underwent for the three first ages, when 
immoveable goods were always most exposed to danger. It 
was the custom of the Church of Rome therefore never to keep 
any immoveable possessions, no, not for many ages, if we may 
credit Theodorus Lector 7, who speaks of it as customary in 
his own time, anno 520. But, if any such were given to the 
Church, they immediately sold them, and divided the price 
into three parts, giving one to the church, another to the 
bishop, and the third to the rest of the clergy. And Valesius 
finds no exception to this till near the time of Gregory the 
Great. But, if this was the custom of the Church of Rome, it 
was a very singular one. For other Churches had their im- 
moveables, both houses and lands, even in the times of perse- 
cution ; as appears from the edicts of Maximinus, wherein he 
revoked his former decrees that had raised the persecution, 
and in these latter edicts granted the Christians liberty, not 
only to rebuild their churches, but also ordered^, ' that if any 
houses or lands belonging to them had been confiscated, or 
sold, or given away, they should be restored to them ag^.' 
That this was meant of houses and lands belongmg to the 
Church, as well as private Christians, is evident from the de- 
cree of Constantino and Licinius published the same year, anno 
313 ; wherein they give orders', 'that whereas the Christians 
were known to have not only places of assembly, but also 
other places belonging, not to any private man, but to the 
whole body, all such places should be restored to the body, 
and to every particular assembly among them.' Which is re- 
peated again in Constantino's letter to Anulinus ^^, and other 

7 L. 2. p. 567. (v. 3. p. 583. 8.) ^Uaiov T«v XpiOTiay&v dtfOKKrjOfjpai 

"EBos Xcvci rj iKKkritriif tivcu ttjs €Kf\fwrafi€v, 

*P<o/ii;r, aKtvrjra ft^ Kpartlv dUaia: ^ Ibid. 1. ID. c. 5* (p* 4^2* 13*) • • 

Sk\* il Koi nfpi€\B»o'iv, cv^f cDff trt- "iva rovg r6irovs avrap €is oot tA 

irpatrKiaBai, Koi tls iioipag rpccr 8uu- irp6rtpov owtpx^nrBai tfBos fjv avroi£, 

ptiaBai t6 Tip.rjfjLa' Koi r6 fiiv rfj cV- «. r. X. 

icXi7<rt9 dl^oa-Bai, t6 de t^ €irt<ric<5iry. ^ '* Ap. Euseb. ibid. (p. 483. 33.) 

t6 dc rflS Kkfipdi. *E7rti6ri v€p irpojjpripiBa ravra antp 

® Via. Euseb. 1. 9. c. 10. (v. I . al avrai €KKkrfcricu nportpov ta-x^Kt^ 

V' 457* 39') * * ^^^* '^ Tiv€s olKtat koi trav, r^ dtKoci^ avrutv airoiuiraoTa- 

Xoi>pia . . . ravra ndvra dv r6 apxaXov Brfvat, k. r. X. 



|i5,6. the ancient clergy. 161 

public (kcts of his recordod br fiuseliitu in his Life'', nhcrn lie 
nukes mention of houses, gardens, lands, and other possessions 
bdoDging to the Charch, of which she had been plundered 
and despoiled in the lato pcrsecntiani^. These are undoniahlo 
endences that some part of the ccclcsinstical reyennes was an- 
ciently raised from houses and lands settled upon the Chnrcli, 
nen before any Christian emperors could give encouragement 
to them. 

5. But when Constantine was quietly settled upon the throne. These Twy 
he Chnrch-reTenncs received great augmentations in this kind, nientcd bj 
For he enacted a law at Rome, which is still C-ttant in both '?" ^^ <* 
the Codea'^, 'that any one whatsoever should have liberty at line. 

hia death to bequeath by will what part of liis goods he pleased 
to the holy Catholic Church.' By which means the liberality 
of pious person? was very much encouraged, and great addi- 
tions went made to the standing rorcnuea of the Church. 
Therefore Baronius " is very injurious to the memory of Con- 
itantine, and justly corrected by Gothofred " and Mr. Pagi '* 
for it, in that ho insinuates na if Constantino hnd relapsed 
toward heatheiusm at this very time, anno 311, when he pnb- 
lithed this law so much in favour of the Church. 

6. Others aro no less injurious to some of hia successors, WhoMbm 
when they represent them as injurious to the Church, in f<ir- f,^^^ ^ 
bidding widows and orphans to leave any legacies to the nottcvoked 

" Vit. CoDttant. 1. 1. c. 37. (p. linqaere, &c. 

554- 30-) 'I*«'"><nw Saiavns, « Tf 'i An. 311. n, iS. (L 3. p. 333 e.) 
vapun', (I r* oUiar, ti n Krinor, tX r» Sed <juem hactenus tot tanCaque 
wnpov Ti 'nr wpotipiffirntr iiiiri}(oiiir, adeo insignia pro ChrisUana relU 
raX^ Ka\ XwrinXtt airmt ilrai ail gione, hoc anno atqiie superioritius 
ifuAoyir ai/roit ml aroimffurTaiiiu temporibuH, BtatutHse vidimus, tUU) 
ffb nirn ToxiniTi. — It. c. 39. (p. ex Bcriptis hiace ab eo lefiibua, turn 

555- 39-J 'Awarra 6<m nlc /KcXigtrf- ex aliis cilatis aurtorihua. in line ta> 
oil wpovJiKtir ip$it in tfariai, f'r men hujuR ipsiiis anni, o dolendum 
outiiu ri KT^pi TVYxamur, iXt aypoi facinusi, minus ]iLtne dl^nnm atijue 
nivc nil ir^ircK, tiff (hroio 9q rort adeo abborrenn a Chrigtiano impe- 
trtpa Tin, ottrrit rSm >It ripi Stoiro- ratore rescriptiim dedisse ad Maxi- 
riiov (Xorravfuiw Suniioti, oXX' oh- mum, prEcfectum urbii, apparet, 
palmv nbrur iiMvArrm, awoKoSlara- quo aruspicea conHulendiw es«e de- 

" ' cemit, &c. 

, a. 1^. 4. 1* In Cod. Tbeod. 1. 16. tit. 10. 

.1. I. tit. dBFaganiH,leg.i.(t.6.p. 358.) Kyo 

a. Irg. I. (t. 4. p. 31.) Habeat unus- advereua cum judico, &c. 
qaiiqiie liccntiiuii sanctiiiiinio ca- " Crit. in [taritn. an. ^3i. an. 4 

uxjico veneratnliqne ronrilio, dece- et 5. (t. 1. p. 394) Bxinumavit 11a- 

dens, boDonim quod optaverit, re- ronius. Sec. 

BINGHAM, VOL. II. M 



/ 



l&t 



TIkt revenues of 



bythesao- Church. Baronius cannot help complaining also upon this 
paonf mT" po'J^tj though he contradicts himself about it. For in one place 
aome mil- he says *6, * the foresaid law of Constantino did so augment the 
Church's wealth, that the following emperors began to dread 
the consequences of it, that it would turn to the detriment and 
poverty of the commonwealth ; and therefore they made laws 
to restrain the faithful from being so profuse in their donations 
to the Church/ Yet, when he comes to speak particularly of 
those laws, he owns *" * they were not designed against the 
(•hurcli, but only to correct the scandalous practices of some 
sordid monks and ecclesiastics, who, being of an avaricious and 
parasitical temper, made a gain of godliness ; and, under pre- 
tence of religion, so screwed themselves into the favoiu* and 
affections of some rich widows and orphans, that they prevailed 
upon them to leave them great legacies, and sometimes their 
whole estates, to the prejudice of the right heirs and next re- 
lations.' Which was so dishonest and mibecoming a practice 
in such persons, that Valentinian made a law^** to prevent it, 
decreeing * that no ecclesiastics, nor any that professed the 
monastic life, should fre(|uent the houses of widows or orphans ; 
nor be qualified to receive any gift or legacy fi'om the dona^ 
tion or last will of any such persons.' Which law, as Gothofred 
rightly observes ^^, did not prohibit them from leaving any 
thing to the Church ; though some learned men so misunder- 
stand it ; but only tended to correct this unworthy practice of 
some i)articular persons, which is cfjually complained of by the 



»« An. 321. n. 17. (t. 3. p. 333 d.) 
. . .Adeo auctae sunt illanim divitise, 
ut posteriores imperatores veriti ob 
earn causam reipublicsp detrimen- 
tum ct paupertatem, conati sint ite- 
rum ab hujiismodi profusis largitio- 
nibus cohiliere fideles. 

*' An. 370. n. 121. (t. 4. p. 
272 e.) . . . Qua Quidem [sanctione] 
nequaquam pronibentur ecclesise 
haereditates accipere vel legata, scd 
ecclesiasticae persons?, sive clerici, 
sive monachi. . . . ut plane intelligas 
hosce nebulones, . . . tanquam har- 
pyias quasdam inhiantes matrona- 
rum dintiis, et impuris moribus 
[mani!)U8] cuncta foedantes, pric- 
scribere [proscribere] ab urbe stu- 



duisse ipsos imperatores. 

«« Cod. Theod. 1. 16. tit. 2. de 
Episc. &c., leg. 20. (t. 6. p. 48.) 

Ecclesiastici vel qui continent 

Hum se volunt nomine nuncupari, 
Wduarum aut pupillarum domos 

non adeant Censemus etiam, 

ut roemorati nihil de ejus mulieris, 
cui se privatim sub pnetextu religi- 
onis adjimxerint, liberalitate qua- 
cunque, vel extremo judicio possint 
adipisci, &c. 

^'-^ In loc. (ibid. p. 49. lin. ult.) . . . 
Nam cum alise mulieres, ut maxime 
ecclesiasticis et continentibus aliquid 
donare vel relinquere hac lege probi- 
beantur, non ideo tamen pronibitss 
ipsis eccle^iis aliquid relinquere, &c. 



the ancient clergy. 163 

ancient writers of the Church. St. Ambrose and St Jeroin 
and others mention this law ; yet they do not at all inveigh 
ag^iut it, but against those vices that occasioned it. ' I do not 
complain of the law,' aays St. Jcrom'"', ' but am grieved that 
we should deserve such a law ; that when idol-priests, and 
stageplayers, and carters, and harlots may inherit, only 
clerks and monks are prohibited ; and that not by persecuting 
emperors, but by Christian princes.' He adds, ' that it was a 
very prudent caution in the law, but yet it did not restrain the 
avarice of such persons ; who found out an artitice to ehide the 
iaw per fidfi eommissa, by gettitig others to receive in trui^ 
for them.' Which shews us the sense St. Jerom had of thin 
matter, that he did not think the cmperoi's wore injurious to 
the Church in making such a law, but those persons were only 
to be blamed whose avarice and sordid flatteries compelled them 
to make it. And any one that will consult St. Ambrose*', or 
the author under his name^^, will find tliat they give the same 

^Ep.a.[al.gi.]RdNepotiaii.(t.i. JonBtio. F.t ubi in nioribue culpa 

p. 358 e.) Piidet dicere, sacerdotea non deprehenditur, tamen officio 

idolorom. mimi, et aurigie, et scoria mulcts prsticribilur. Quod sacer- 

hmreditatea capiunt ; aolia clericia dotibus fani legaverit ChrieCiana vi- 

et monacbia hoc lege probibeturt dua, valet: quod miniatris Dei, noa 

et prohibetur non a peraecutoribuB, valet. Quod ego non ut querar, 

■ed a prindpibua ChriEtianie. Nee aed ut sciant quid non querar, com- 

de l^e conqueror, aed doleo cur prehendi. .Vlalo enim noa pecunia 

■everaque legU cautio : et tamen ferunt ea, quee vel donala vel lelicta 

nee aic refnenatur avaiitia. Per sunt ecclesife, nun ease temerata, 

fidu cominiMa le^bua illudimua : &c. 

et quaai majors amt imperatorum ^ Horn. 7. de Clericia, [Serni. 66. 

■dta qnam Christi, legea timemua Ed. Colon. 1616. et Ed. Paris. 164a, 

et rvangeliB conlemnimuB. But omitted by the Benedictinea. 

" Ep. 31. r»l. 18. Relat. cont. Vid. Ind. Serm. Prajtermisa. t. a. 

Symmach.J ad VaJent. p. 145. (t. a, p. 378. Vid. int. Oper. August, 

p. 836 d. n. 13,) Nobia etiam pri- Serm. 83. (t. 5. append, p. 150 d.) 

ratK cucceanonia eroolumeDta re- Nam et catholicua clericua hac aen- 

centibua l^bna denegantur, et ue- tentia retinetur. Si enim non cou- 

■DO conqueritDT. Non enim puU' tentua atipendiia fueril, qu;e de al- 

mna injnham, quia diapendium nou tario. Domino jubente, consequituri 

dclmttuM. . . ■ Scribuntur te«tamenta aed exeicet mercimonia, inlerceaaio- 

temidonim miniatrie, nullua eicipi- nes vendit, viduarum munera liben- 

tnr probnua, nnllua nltimK condi- ter amplectitur ; hie negotiator ma- 

tioaia, nuDna prodigus verecundis ; gia potest videri, quam clericua. 

•oli ex omnibua cTerico commune Nee dicere poBsumus, nemo noa in- 

iot danditur, a quo aolo jiro omai- vasoree arguit, violentice nullua ac- 

DQ* Totum commuDB auaeipitur, of- cuaat: quasi non interdum majorem 

fidum cammune defertur : nulla le- pnedam a viduis blandimenta elid- 

gata vd gravinm viduaiiun, nulla ant, quam tormenta, &c. Ed.] 



Nil 



rhr rrreunes cf 



\ 



a<'('umit <it' it. T1i('(m1(i>uis induiMl >(>nu' voars atior ina«ie a 
law^iJ, relating particularly to such deaconesses of the Church 
as were of noble families, * that they should not dispose of their 
jewels, or plate, or furniture, or any other such things as were 
the ancient marks of honour in their famiUes, nnder pretence 
of religion, while they Uved ; nor make any church, or clerk, 
or poor, their heirs, when they died.' But as this law was 
made upon some particular reasons of state, so it did no harm 
to the Church ; for within two months the same emperor re- 
called it by a contrary law^^, wliich granted liberty to such 
deaconesses to dispose of their goods in their lifetitne to any 
church or clerk whatsoerer. And Marcian made the law*^ a 
little more extensive, allowing deaconesses and all other reli- 
gious women to dispose of any part of their estate, by will or 
codicil, to any church, or oratory, or clerk, or monk, or poor 
whatsoever. Which law Justinian also confirmed, and inserted 
it into his Code 2^. So that Constantino's law continued always 
in its full force, and the succeeding princes did not derogate 
from the privilege, which he had granted the Church in this 
respect, for fear, as Baronius pretends, lest the liberality of the 
subject to the Chiu*ch should impoverish the commonwealth. 
Men were very liberal indeed in their gifts and donations to 
the Church in tliis age, but yet not so profuse as to need sta- 
tutes of mortmain '^7 to restrain them. 



28 Cod. Theod. 1. 16. tit. 2. de 
Episc. &c., leg. 27. (t. 6. p. 60.) Nihil 
de monilibus et supellectili, nihil de 
auro, argento, caeterisque clarse do- 
mus insignibus, 8ub religionis de- 
fensione consumat [diaconissa,] sed 
universa integra in liberos proxi- 
mos vel in quoscunque alios arbi- 
trii 8ui existimatione transcribat : . . 
Ac si quando diem obierit, nullam 
ecclesiam, nullum clericum, nullum 
pauperem, scribat hseredes, &c. 

24 Ibid. leg. 28. (p. 64.) Legem, 
quae diaconissis vel viduis nuper 
est promulgata, ne quia videlicet 
clericus, neve sub ecclesise nomine, 
mancipia, prsedam, velut infirmi 
sexus despoliator, et remotis affini- 
bus et propinauis, ipse sub praetextu 
catholicae disciplinse se ageret viven- 
tis haeredem, eatenus animadvertat 



esse revocatam. 

2ft Novel. 5. ad calc. Cod. Theod. 
(ibid, append, p. ^2.) General! . . . 
lege sancimus, sive vidua, sive 
diaconissa, sive virgo Deo dicata, 
vel sanctiroonialis mulier, sive quo- 
cunque alio nomine reU^posi no- 
noris vel dignitatis foemina nuncu- 
petur, testamento vel codiciUo suo 
. . ecclesisD, vel martyrio, vel clerico, 
vel monacho, vel pauperibus, aliqidd 
vel ex integro vel ex parte, in qua- 
cunque re vel specie, credidit relin- 
ouendum, id modis omnibus ratum 
nrmumque constet, [consistat,] &c. 

28 L. I. tit. 2. de Ecclesiis, leg. 13. 
(t. 4. p. 40.) In the same words as 
the preceding citation. 

27 [Grischovius adds the following 
quotation from Boehmer, s. 5. c. i. 
^' ^3* (P* 262.) In gratiam eorum. 



6,), tlie ancient clergy. 16fi 

7. For beudee the liberalitj of the subjects, tlio emperors in ThMl7,i 
these ages found it necessary to make the clergy an allowanco of chi^ 
ont of the public revenues of the empire, which was another "-T^"^ 
vay of providing a m^tenance for them. Constantino both oUomno 
gave the clergy particular krgesses, as their occasions re- ""^ "' ^ 
qnired, and also settled upon them a standing allowance out of ncheijiu 
tiie exchequer. In one of his Epistles to Csocilian, bishop of 
Carthage, recorded by Eusebius-*', he acquaints Ciecilian with 
Ids orders, which he had given to Ui'sus, his general receiver 
in Afric, to pay him three thousand pholles, rpiirxiA^; tfioK- 
A«s, to be divided at his discretion among the clergy of tho 
iprovincea of Africa, Namidia, and the two Mauritanias. And, 
if this sum would not answer all their present necessities, he 
gave him farther orders to demand of his procurator Hera- 
dides whatever he desired more. I need not stand here to 

qia quid aignificat amorluolio igno- aint . . . adeoque hoc intuitu ex pub- 

RDt :— AcquiruntUT bona parochi- 1ici»catBStTis(denen Sceuerbuchern) 

■In MMio&uia, aicud cKtera ecdeiii- exadncta videantur, quin etiam a 

HticB, pliuimia in loda per amorti- ueculari juriadictioDe per principem 

tttionem. Cum emm eccleaia ait eiempta aint. . . Ratio bujua juria aat 

tde eorpiu, quod non moristur . . . muiitegta ett, quia et juria natune 

■deoqne bona, qus aemel accepit, pruidmum vult, ut nemini adeoque 

Don reddat, aed perpetuo teneat . . . nee reipublicce jus auum auferatur, 

itque ita dicatur habere mimiHr mor- quod tamen enpe fit per tranala- 

ttit; merito providendDm erat, ne tioneni bononini in ecclesiam. Sic. 

bona immobilia, auperatitione bomi- Ed.] 

inim nogravMcente, nimium uaibua ^ L. lo. c. 6. (v, i. p. 486. 18,) 

reip. eximerentur, et per exuperau- 'Ewntrprip Spfai (card iracroc tirap' 

tci divitiai eccleaiaruin leapublica j^inc, i-at rt A^piiac xai rac Nou/u- 

dctrimentum caprret. Hine multia tlai, coi ras Mavpirarias, prpvit riai 

m k>da eautum, ne immobilia in ec- t£v (nriptrin' i^f iv6iiTiiou mi ayua- 

dcflam tranaferre liceret aine coo- rdrr); indoXH^c 6pt]aKtlas, eft dva- 

Nnm gua, qui reip. gubemarula Xipara ijrixoprmdijyal n, ISvxa 

tenet; Md at hajoa demuni voluo- ypdiipara wpor oipaov t^v iuitnjpA' 

tate poteataa eccleaiaB fiat, aequiren- totoip KaBokixfiv i^r 'A^ptajt, *a\ 

di et reticiendi bona immobilia per (A^Xua-aatT^, on-ucrpiD-viXiouc^ifX- 

««MM morttuim. . . , Atque hoc ip- Xnt rn an (rrippAniTt anapiBp^irai 

MUD ett, qnod didtur omortitaiio, ijtpoyrurjj.XiiToinn'iii'iiiar^yirpotti- 

imtattttfU trtnulatiomem batonim Xovfuvrif itoiriniTa ray xpilf^ruv 

ainMaaa wurliumt mm pouatorem (ipij^tvott, larri tA ffptoiZov ri npdt 

immiirlairm, qmilu ttl ecelttia. ... ai vapa 'OiT-bv airoaraKiv, nivra tA 

Deducta hnc vox videtur a Gallica vpTipara duAo^Kii KtXfmrov tl V 

voce, amortir, quod eat, exiinguerr. Spa irpit t4 irvpw\ripti6iiiiat luni t^¥ 

Nam bona in eccleeiam delata, th touto mpi ^arrai avToit irpoal- 

qnowl twolnmtnla eimlia el Hnu ptmv irSiiv n Koraitadots, iraph 

fMieoi videnlnr esse exstincta et HpuXtiAo, tov hmpiaov rSir liptri- 

(nrifiter moitna, cum geueraliter pHV trnipirar, ivap^ikiicTm vwtp 

ooetibo*, Amdomm poasessionibua amyauai (Zhu mmtridAxf, ali^irat 

impotitis, luec immnoia et ezempta i^Atu. 



166 



77«€ revetiues of 



V 



inquire critically what this sum of 3000 phoUes was, (though 
it may be computed above twenty thousand pounds,) since 
Constantino gave the bishop unlimited orders to demand as 
much as the needs of the clergy should require. But he not 
only supplied their present necessities, but also gave orders for 
a standing allowance to be made them out of the public trea- 
sury. For Theodoret"^^ and Sozomen^^ say he made a law 
requiring the chief magistrates in every province to grant the 
clergy and virgins and widows of the Church an atmucU 
allowance of corn, irrjaia aiTrjpifna, out of the early tribute 
of every city. And thus it continued to the time of Julian9 
who withdrew the whole allowance. But Jovian restored it 
again in some measure, granting them a third part of the 
former allowance only, because at that time the public income 
was very low, by reason of a severe famine ; but he promised 
them the whole, so soon as the famine was ended, and the 
public storehouses were better replenished. But either Jo- 
vian's death prevented his design, or the necessities of the 
clergy did not afterward require it. For though Sozomen 
seems to say the whole was restored; yet Theodoret, who is 
more accurate, affirms that it was only rptrr/fxoptoi^, a third 
part ; and that so it continued to his own times. In this sense 
therefore we are to understand that Law of the emperor Mar- 
cian, which Justinian has inserted into his Code^^ decreeing, 
* that the salaries, which had been always given to the churches 
in divei'sc sorts of grain out of the public treasures should be 
allowed them, without any diminution.' This did not entitle 
them to the whole allowance first made them by Constantino, 
as some may be apt to imagine from the general words of the 



29 L. I. c. II. (v. I. p. 36. 37.) 

Kai fifPToi Koi ypofiftara irp6s roifs 
rmv iBvSav npotrrartvovras btbciKtv 
^X<»^^* '^^^ ^Kocnr^i' TTjJXiv Yopi;- 
yf i<r^ frapryyv«i» Toly aii TrapBivois 
Ml \fli>^^* «o^ '^'^ d<l>itpc;>fi€vois rj 
^rt X«Tmvy«9» *Wria (nrrfpifna <^4- 

\t^<^ i^Xkw h xp*»9 '■«'^« M^-p*;- 






U 



c. 5. (V- ^' P- 



186. 



\> 






tTMiv dt€TarT€ TTpayfiara, cV r&w 
iKdarrjs n6Xt»f <f>6p€i>v ra doKovvra 
TTphs Trapaa-Kfxf^v €7nTrjb€i<av ctirtvtifu 
Tols napraxov icKrjpois, Koi v6fu^ rovro 

€KpaTVV(Pf QDS Koi VVP KpOT^i, cf oZ 

T€OvrfK€tf 'louXtovor, €inp(\S>s <f>v\aT' 

TOpfVOS, 

31 L. I. tit. 2. de Ecclesiis, leg. 12. 
(t. 4. p. 38.) Salaria etiam, (\u« sa- 
crosanctis ecclesiis in diversis spe- 
ciebus de publico hactenus minis- 
trata sunt, jubemus nunc quoque 
inconcussa, et a nullo prorsus im- 
minuta, prsestari. 



8,9- 



the ancient clergy. 



167 



law, but only to the- third part, which had been the customary 
allowance from the time of Jovian. 

8. Another way, by which some small addition was made to Fourthly, 

the revenues of the Church, was from a law of Constantine, of^,^|^tyT8 

mentioned by Eusebius in his Life 5^^, where he tells us, * that, and confes- 

as he ordered all the estates of martyrs and confessors, and J^oiout^ 

whoever had suflFered in time of persecution, to be restored to heir8,8ettled 

. . • . upon the 

th«r next relations ; so, if any of them died without relations, church by 
the Church should become their heir, and in every place where Jj^"^"*- 
the^ lived succeed to their inheritance.' 

9. Theodosius Junior and Valentinian the Third made such Fifthly, the 
another law^a, in reference to the temporal possessions of the «'f*at«8 of 

11 clergymen, 

clergy; 'that, if any presbyter, or deacon, or deaconess, or dying with- 
sobdeacon, or other clerk, or any man or woman professing a °JJj^^ 
monastic life, died without will and without heirs, the estates settled in 
and goods they were possessed of should fall to the church or ^^^^ 
monastery to which they belonged, unless they were ante- 
cedently tied to some civil service.' This implies, that the 
dergy were at liberty to dispose of their own temporal estates 
as they pleased ; and they fell to the Church only in case they 
died intestate. But the Council of Agde^^ in France imder 
Alaric the Goth, anno 506, went a little further, and decreed, 
*that every bishop, who had no children or nephews, should 
make the Church his heir, and no other ;' as Caranza*s edition 
and Gratian and some others read it. And the Council of 



^ Vit. Constant 1. a. c. 36. (v. i. 
p. 554. 13.) Ei dc rStv dyxurr€«ov firj' 
Of If vinkwimHTO iJLri^v6s rw irpO€iprj' 
lujftev Korh. \6yov h» y€v6ufPog icXi;- 
po96iios, fUTTC T&y ftaprvpiov 4>Tjfii, 
fufn tSbv Siiokoyijirdrrmy, arjT€ rav 
IktTOiKtov Ttov 4in rj Toiavrif fura- 
frr ianw f irpo^o-fi, i\ Koff iKaarovs 
del n^irovff tickkifaia dtadcxco'^ai rt- 
TuxOw t6p kXfjpo¥, 

» Cod. Theod. 1. 5. tit. 3. de 
BoniB Clericorum, leg. i. (t. i. p. 
436.) Si quia episcopus, aut pres- 
l^fter, aut diaconus, aut diaconissa, 
ant subdiaconus, vel cujuslibet al* 
terina loci clericus, aut monachus, 
aut mnlier, quae solitarise vitse de- 
dite est, nulio condito testamento, 
decesserit, nee ei parentes utriusque 
sexusy vd liberi, vel si qui agna- 



tionis cognationisve jure junguntur, 
vel uxor exstiterit, bona quse ad eum 
pertinuerint sacrosanctse ecclesise 
vel monasterio, cui fuerat destinatus, 
omnifariam socientur. — Conf. Cod. 
Justin. 1. 1, tit. 3. de Episc. leg. 30. 
(t. 4. p. 84.) 

** C. 24. al. 33. ap. Gratian. 
caus. 12. qusest. 2. c. 34. (t. i. 
p. 995.) Episcopus, qui filios aut ne- 
potes non habuerit, alium quam ec* 
clesiam non relinquat hseredem. — 
[Labbe (CC. t. 4. p. 1388 e.) reads 
It thus; — Episcopus, qui filios aut 
nepotes non habens alium quam ec- 
clesiam reUnquit hseredem, si quid 
de ecclesia, non in ecclesise causa 
aut necessitate, prsesiunpsit, quod 
dJstraxit aut donavit, irritum ha- 
beatur. Ed.] 




i I , . ^ i /«'/' I <.','(((/.■>« '/ 



Scvjj jii.id*' ;i likr (UMTi-f tV»r the Spanish Chuivhos : u\H)n 
which Caranza^^ iiuikcs this remark, * tliat tlic canoD was fit to 
be renewed in council, that the Church should be the bishop's 
heir, and not Uie Pope. And that it was against the mmd of 
those futliers, that bishops should set up primogenitoreB, or 
enrich their kmdred out of the revenues of the Church.' 
Whicli reflection among other things might perhaps eontribute 
towards his being brought into the Spanish Inquisition, tiiough 
he was archbishop of Toledo ; after which he underwent a ten 
years' hnprisonment at Kome, and had some of his books pro- 
hibited in the Roman Index ; of which Spondanus, in his 
Annals'^7, will give the reader a further account. But I 
return to the primitive Church, 
ixthly, 10. Where we may observe another addition made to the 

NDpiMuid revenues of the clergy, by the donation of heathen temples, 
ittT rcre- and sometimes the revenues that were settled upon them. For 
met giTen though the greatest part of these went commonly to the em- 
***** peror's coflFci's, or to favourites that begged them upon the de- 

'^ Hispal. I. c. I. (t. 5. p. 1589b.) acquired darinff his episcopate: for 

.... Coroperiinus autem. m canone, though he mignt dispose of the one^ 

ut episcopus, qui res proprias, ex- the other was to fall to the Church. 

cepto [leg. exceptis] Bliis et nepo- Ed.] 

tibus, alteris et non ecclesiee suse ^7 An. 1559. n. 39. (t. 3. p. 587. 

dimiserit ; quidquid de ecclesise re- col. dextr.) Bartholomseus Caranza 

bus aut donavit, aut vendidit, ant Mirandensis, archiepiscopus Tole- 

quoquo modo nb ecclesia transtulit, tanus, . . . seque de religione postu- 

irritiim baberetur. latus, captusque ab inquiaitoribus, 

^ In loc. (p. 312. col. dextr.) Hie (tanta est illorum in Hispania auc- 
canon erat renovandus in (3oncilio, toritas,) multis annis e vinculis cau- 
ut hseres defuncti episcopi esset ec- sain dixit. Qui postea jussu Pii V. 
clesia, non tamen Papa. Secundo Romam deductus, anno 1^67, in 
alienum est a sententia horum pa- Hadriani Mole cuatoditus fuit et in- 
trum licere episcopo instituere pri- terrogatus : quousque demum, anno 
mogenituras, vel locupletare con- 1576, a Gregorio XIII. suspectus 
sanguineos. [See Dp. Burnet, Pref. tamen judicatus, post voluntariam 
to the Life of Bp. Bedel, (p. 12.) omnis pravitatis hs&reticse detesta- 
This is a way of employing the re- tionem, ac legitimam catholicee fidei 
venues of the Church suitable to the confessionem, certis poenis injunctis^ 
sense of the primitive times, in absolutus fuit, et ad Dominicano- 
which a bishop was not considered rum sui ordinis monasterium Mi- 
as the proprietor, but only as the nervir remissus ; ibique pauUo post, 
administrator and dispenser of the pie riteque sacris ecclesise sacra- 
revenue belonging to his see. And mentis procuratus, obiit . . . Scripeit 
there is scarce any one thing, con- Caransa Sumroam omnium Conci- 
ceming which the Synods in those liorum et Pontificum usque ad Pau- 
ages took more care, than to distin- lum III. ; nee non Catechismum, 
guish between the goods and estate qui in Romano Indice prohibitus 
that belonged to a bishop by any reperitur ; et alia queedam. 
other title, and those that he had 



bo, 11. the ancient clergy. 169 

moliflhing of the templosy as appears from ttie laws of Honorius 
and Gratian, and seTeral others in the Theodosian Code^^, yet 
some of them were given to the Church. For Uonorius^^ takes 
notice of seyeral orders and decrees of liis own, whereby such 
setdcments had been made upon the Church, which were to 
continue the Church's property and patrimony for ever : and 
it is probable some other emperors might convert the revenues 
of the temples to the same use. At least the fabrics them- 
selves, and the silver and golden statues that were in them, 
were sometimes so disposed of. For Sozonien'**^ says the 
yiiBpwv or Temple of the Sun, at Alexandria, was given to the 
Church by Constantius. And we learn from Socrates ^^ that, 
in the time of Theodosius, the statues of Serapis and many 
o&or idols at Alexandrui were melted down for the use of the 
Church; the emperor giving ordere, ' that the gods should help 
to maintain the poor.' 

11. Honorius made a Uke decree ^•^, anno 412, in reference to Seventhly 
«1 the revenues belonging to heretical conventicles, that both reticai eoi 
the churches or conventicles themselves, and all the lands ventide« 

, «% i» • 1 1 1 *^" their 

tbat were settled upon them, should be forfeited, and become revenues, 
the possession and property of the Catholic Church, as by 
former decrees he had appointed. And I suppose it was by 
Tirtue of these laws that Cyril, bishop of Alexandria, shut up 

^ L. 16. tit. 10. (le Paganis, templa omnia, cum suis adjacenti- 

kg. 19. (t. 6. p. 288.) Templorum bus spatiis, ecclesiis contulit, &c. 
detrahantur annonas, et rem anno- ^ L. 5. c. 7. (v. 2. p. 189. 33.) 

nariam jubent expends devotissi- Up6v di rovrois koI rotoi^dc r&r€ 

morum militum profaturse .... JE- avvi^ri irtpX rh KoXovfitvov nap* av- 

di6cia ipsa templorum, quse in civi- rot; yilBptov' rovrov yhp t6v rowov^ 

talibus vel oppidis, vel extra oppida tpi)iiov iraKai ytvofuvov, ib^prfvaro 

8mit» ad usum publicum vinaicen- Kcdvaravrtof rfi * AX€iavdp€<ov cieicXi;- 

tar, arse locis omnibus destruantur : 0-19, ic. r. X. 

omniaqae templa possessionibus no- ^^ L. 5. c. 16. (ibid. p. 282. 11.) 

•tris, ad uiras accommodos, trans- Ta dc dyaXftara Ta>v 6«a>v /uKrc;(a>- 

ferantur. — Ibid. leg. 20. (p. 290.) vcvfro c« Xf^^m koX cir irtpas 

Omnia etiam loca, quae sacris error xP^las r^r * KK^^aybp^cav iKKkrjtriag, 

veterum deputavit, secundum divi rot) ^aikws x^P^^^f-^'^^ ^<^^ Oeovs 

Gratiani conatituta noetrse rei jube- th bairavrifiaTa rmv rrrwywv. 
mus sociari, &c. ^ Cod. Theod. 1. 10. tit. 5. de 

^ Ibid. (p. ead.) Ea autem, quae Ilsret. leg. 52. (t. 6. p. 172.) £c- 

mnUiplicibos constitutis ad venera- clesiis eorum vel conventiculis prse- 

bilem eccleaiam voluimos pertinere, diisque, siqua in eorum ecclesias 

Christiaim dbi merito religio vin- hiereticorum largitas prava contulit, 

dkavit [id est, landicabitj. — Vid. proprietati potestatique catholicae, 

PnMper. de Promiss. part. 3. c. 38. sicut jamdadum etatuimuSj vindi- ^ 

(append, p. 185 d. 13.) UoDorius . . . catis. m 



1 70 The revenues of 

all the Novatian churches, and seized upon all their reyenucs, 

and deprived Theonas their bishop of his substance ; though 

/ Socrates*^, in telling the story, represents the matter a little 

more invidiously, as if Cyril had done all this by his own 

private usurped authority and arbitrary power: which will 

hardly gain credit with any one, that considers that those laws 

of Ilonorius were published before Cyril came to the episcopal 

\ throne, which was not tUl the year 412, when those laws were 

reinforced by the imperial power. 

Eighthly, 12. Wliile I am upon this head, it will not be improper to 

of dorks observe further, that, by Justinian's laws ^3, * if any clergymen 

^h"^"^ or monks, who were possessed of temporal estates, forsook 

to be for- their church or monastery and turned seculars again, all their 

^^^*^® substance was forfeited to the church or monastery to which 

they belonged.* These were the several methods that were 

anciently taken for augmenting and improving the revenues of 

the Church, besides those of first-fruits and tithes, of which 

more hereafter. 

No disre- 13. But I must observe, that as those methods were generally 

ways of reputed legal and allowable, so there were some other as 

Augmenting generally disallowed and condemned. Particularly we find, in 

venues en- St. Austin's time, that it was become a rule in the African 

oouraged. Church, to receive no estates that were given to the Church to 

Fatners not , ^ ^ 

todisinherit the great detriment and prejudice of the common rights of 
drra to ' *"y others. As if a fiither disinherited his cliildi*en to make 
make the the Church his heir, in that case no bishop would receive his 
their heirs, donation. Possidius^^ tells us St. Austin refused some estates 

42 L. 7. c. 7. (ibid. p. 352. 39.) autem quascuncjue habuerit, dum 

Eifdifas oiu KvptXXor, ras cV*AXe|av- in monasterium intrabat, eas dominii 

dpc/^ NovartavAv €KK\rf(rla9 arroKKti' esse monasterii ; et nihil penitos 

aat, frdvra fiev avT&v TO i€pa K€ifiTJ\La ejiciat. — Novel. 123. c. 42. (t. 5. 

tfXa^ev' TOP dc eirifTKowov avT&v Geo- p. 561.) Si monachus relimierit suum 

Trc/iTTTov wavrcDv Sp f^x*^ dd^ctXcro. monasterium, et in aliud ingredia- 

^ Cod. 1. I. tit. 3. de Episc. tur, quascunque res tempore, quo 

!%• 5* (t- 4* P* 140.) Quod 81 iUi monasterium dereliquerit, nabere vi- 

monasteria aut ecclesias relinquant, debitur: proprio monasterio, in quod 

atque mundani fiant; omne ipso- ab initio ingressus est, eas compe- 

rum jus ad monasterium aut eccle- tere jubemus. 
siam pertinet. — Conf. Novel. 5. c. 4. 44 vit, August, c. 24. (append, 

(t. 5. p. 45.) Si quis autem forte t. 10. p. 273 d.) . . . . Ali^uas eum 

semel dedicatus, schemateoue poli- ha^reditates recussasse novimus, non 

tus, deinde a monasterise aisc^ere quia pauperibus inutiles esse pos- 

voluerit, et privatam fortassis eligere sent, sed quoniam justum et aeouum 

vitam : ipse quidem sciat quam pro esse videbat, ut a mortuorum vd filiis 

hoc dabit Deo satisfactionem : res vel affinibus magis po88iderentur,&c. 



''*' '3> 14. t?ie ancient clergy. 171 

so ^ven, because he thought it more just and equal, that they 
should be possessed by the children, or parents, or next 
kindred of the deceased persons. And that he did so, is evi- 
dent from his own words in his discourse, De Vita Cleri- 
corum^^y where he says * he had returned an estate to a son, 
wluch an angry father at his death had taken from him ; and 
tio thought he did well in it;' professing for his own part, 
* tliat if any one disinherited his son to make the Church his 
hoip, he should seek some one else to receive his donation and 
i^ot Austin ; and he hoped, by the grace of God, there would 
none that would receive it.* He adds in the same place '*^ a 
remarkable and laudable instance of great generosity and 
^^nity in Aurelius, bishop of Carthage, in a case of the like 
^^^ture. A certain man having no children, nor hopes of any, 
S^ve away his whole estate to the Church, only reserving to 
*^iinself the use of it for life. Now it happened afterwards, 
ttiat he had children born to him ; upon which the bishop ge- 
nerously returned him his estate, when he did not at all expect 
^t- * The bishop indeed,' says St. Austin, * had it in his power 
to have kept it, sed jure fori, nonjure poli, — cmly by the laws 
of man, but not by the laws of heaven ;' and therefore he 
thought himself obliged in conscience to return it. This shews 
how tender they were of augmenting the revenues of the 
Church by any methods, that might be thought unequitable, or 
snch as were not reputable, honest, or of good report ; herein 
observing the Apostle's rule, to " let their moderation, rb iiri- 
€iKh, their equity, be known to all men ;" not doing any hard 
thing for lucre's sake, nor taking advantages by rigour of law, 
when conscience and charity were against them. 

14. To avoid scandal also, and to " provide things honest in Nothing 
the sight of all men," they forbad any thing to be demanded for ^ ^®™ 
administering the sacraments of the Church. The Council of minister 



^ Senn. 49. de Divers. 1. 10. p. minem inveniat. 
520. [aL Senn. 355. c. 4.] (t. 5. p. ^ Ibid, (b.) Quidam cum filios 

1383 a.) Plane quando donavi filio, non haberet, neque speraret, res 

quod iratna pater moriens abstulit, suas omnes, retento sibi usufructu, 

bene fed. .... Quid plura, fratres donant ecclesi^e. Nati sunt illi filii, 

mei? quicunqoe vult exhseredato et reddidit episcopus necopinanti 

filio heredem iacere ecclesiam, qu£e- quae ille donaverat. In potestate 

rat alteram qui auscipiat, non Au- nabebat episcopus non reddere ; sed 

gustinam; imino, Deo propitio, ne- jure fori, non jure poli. 



172 



Tlie revenues of 



V. 



iie sacn. EUbcris secms to intimate, that it was customary with some 

lenta of i • i • • t • v • 

lie Church, pcrsoDs at their baptism to cast money into a basin by way oi 
orfOTcon- gratuity to the minister ; but even this is there forbidden by a 
borches, canon'^7, Mest the priest should seem to sell what he freely 
lentofVhe received.' Whence we may conclude, that, if the people might 
ead. not offer, the priest might much less exact or demand any 

thing for administering the sacrament of baptism. In other 
Churches a voluntary oblation was allowed of from persons 
that were able and willing to make it ; but all exactions of that 
nature from the poor were still prohibited, for fear of discou- 
raging them from offering themselves or their children to 
baptism. Thus it was in the Roman Church in the time of 
Gelasius, as we learn from his Epistles ^^, and in the Greek 
Church in tlic time of Gregory Nazianzen^^, who takes occa- 
sion to answer this objection, which poor men made against 
coming immediately to baptism, because they had not where- 
with to make the usual present that was then to be offered, or 
to purcliase the splendid robe that was then to be worn, or to 
provide a treat for the minister that baptized them. He tells 
thcin no such things would be expected or exacted of them : 
* they need only make a present of themselves to Christ, and 
entertain the minister with their own good life and conversa- 
tion, wliicli would be more acceptable to him than any other 
offerings.* This implies that it was tlien the custom for the 
pco})lc to make a voluntary oblation at their baptism ; but not 
the custom for niiuistcrs to demand it, as a matter of right, for 
fear of giving scandal. Some editions of Gratian^^ and Vice- 



47 C. 48. (t. 1. p. 975 e. lin. ult.) 
Emendari placuit, ut [hi,] qui bap- 
tizantur, ut fieri solebat, nummos 
in concham non mittant [al. immit- 
tant] ; ne sacerdos, quod gratis ac- 
cej)it, pretio distrabere videatur. 

^ Lp. I. al. 9. ad Episc. Lucan. 
c. 7. [al. 5.] (CC. t. 4. p. 1 180 d.) 
Baptizandis con&ignandisque fideli- 
bus pretia nulla presbyteri [al. sa- 
cerdotes pretia nulla] praefigant, nee 
illationibus c^uibusdam [al. quibus- 
libet] impositis exagitare cupiant 
renascentes; quoniam quod gratis 
accipimus, ^tis dare mandamur. 
Et ideo nihil a praedictis [prorsus] 
exigere moliantur, qno, vel pauper- 
late cogente detemti, vel indigna- 



tione revocati, redemptionis siuc 
causas adire despiciant ; certum ha- 
bentes, quod quae prohibita depre- 
hensi fuerint admisisse, vel com- 
missa non potius sua sponte cor- 
rexerint, penculum subituri proprii 
sint bonoris. 
^^ Orat. 40. de Bapt. (t. i. p. 

^55 ^0 AtCTYpOV CiTTcIv, TTOV hi fJLOl t6 

Kapiro(hopovfAevov tiri r» ficarricrfjtan; 
jrov dc €fi(fuii)T€ios taBtfs 17 XafLTTfnnh' 
Brfcroixaii nov dc ra wp6f dc^icMriv 
rov €fici)v ^cmrnrTav; . . . atnrrov Kop* 
iro(f}6prjarov, Xpurrhp evdvcac, Optyftov 
fu iroKiTfiq' oCroi cya» X^'fP^ ^^o- 
<l>povovpevos, ovna Koi 6 St6s 6 rii 
firviarra x<H>^^^f*'0£» 

^ Cau8. 1. quBBBt I. c. 103. (t. u 



the ancient clergy. 



173 



coraeB^^ allege a canon of the third or fourth Council of Car- 
tbge to the same purpose ; which, if the allegation were true, 
would prove that the same custom obtained in the African 
Onirch. But, as Antonius Augustinus^^ and the Roman cor- 
veetors of Gratian^^ have observed, there is no such canon to 
be found in anj African Council ; but it is a canon of the 
seoond Council of Bracara in Spain, which finding a corrupt 
piuctice crept in among the clergy, (notwithstanding the 
former prohibition of the Eliberitan Council,) that ministers 
(lid exact pledges of the poor, who had not ability to make any 
<^ering, endeavoured to redress this corruption by passing a 
^6w order*-*, 'that though voluntary oblations might be re- 
ceived, yet no pledge should be extorted from the poor who 
were not able to offer ; because many of the poor for fear of 
this kept back their children from baptism.' The same Council 
of Bracara made a decree", * that no bishop should exact any 
thing as a due from any founders of churches for their conse- 
cration ; but, if any thing was voluntarily offered, ho might 
receive it.' And so in like manner for confirmation*^, and ad- 
ministering the eucharist*^, all bishops and presbyters are 



p. 550. 68.) Placuit ut unusquisque 
epiflcopus per ecclesias siias hoc 
pnedpiat ut hi, qui infantes suoa ad 
oaptiRmum offenint, si quid volun- 
tane pro 8uo offerunt vote, susci- 
piatur ab eis. Si vero per necessi- 
tatem paiipertatis aliquid non ha- 
beant, quod offerant, nullum eis 
pignns violenter tollatur a clericis, 
&c. 

*i De Rit. Bapt. 1. 4. c. a. (Paris. 
1618. p. 578.) Quam deinde consti- 
tutionem negligi ut probabile est, 
&c. 

^ De Emendat. Gratian. 1. i. 
dial. 14. (p. 160.) Fragmentum 
Placuit ut unusquisque Concilio Bra- 
carenai II. c. 7. restituatur oportet, 
&c. 

^ Gratian. ut supr. Ed. Rom. 
1583. [According to Grischovius 
the woras following are read in an- 
other edition. Colon. Munat. 171 7. 
4to., which I have not seen : but I 
do not find the gloss in the Lyons 
edition of the (xnp. Jur. Canon. 
1671. Seet. I. p. 5go. Emendata 
est inacriptio ex aliquot vetustis 



codicibus : nam in vulgatis erat ex 
Carthayinensi quarto, in quo non 
habetur. £d.] 

*** Bracar. a. juxt. Ed. Crabb. 3. 
c. 7. (t. 5. p. 898 a.) .... Qui in- 
fantes 8UO8 ad baptismum offerunt, 
si quid voluntarie pro suo offerunt 
voto, suscipiatur ab eis ; si vero per 
necessitatem paunertatis aliquid non 
habent quod offerant, nullum illis 
pignus violenter tollatur a clericis. 
Nam multi pau^ieres hoc timentes, 
filios suos a baptismo retrahunt. 

w C. 5. (ibid. p. 897 d.) Placuit, 
ut quoties ab aliquo fidelium ad 
consecrandas ecclesias episcopi invi- 
tantur, non quasi ex debito munus 
aliquod a fundatore requirat; sed 
si ipsi quidem aliquid [al. ipse fun- 
dator si quidem aliquid] ex voto 
suo obtulerit, non rcHpuatur. 

w Vid. Gelas. Ep. i. al. 9. ad 
Episc. Lucan. c. 7. (CC. t. 4. p. 
ii89d.) Baptizandis consignandis- 
que fidelibus sacerdotes pretia nulla 
pHTfigant. 

67 Vid. C. Trull, c. 23. (t. 6. 
p. 1154 a.) UtpX rov fir}^€va €it€ 



174 



TTie revenues of 



strictly enjoined not to exact any thing of the receivers ; h 
cause the grace of God was not to be set to sale, nor the saiv 
tiiication of the Spirit to be imparted for money. St Jeroc 
assures us further, that it was not very honourable in his timi 
to exact any tiling for the burying-places of the dead ; for 1m 
censures '^^ those that practl^^ed it, as falling short of the men 
of Ephron the Hittite, whom Abraham forced to receive monej 
for the burj'ing-placc which he bought of him. * But now 
^*ayft he, 'there are some who sell burying-places, and tal 
money for them, not by compulsion, as Eplu-on did, but by e- 
tortion rather from those that were unwilling to pay.* E 
which we may understand, that in his time it was hard 
allowable to demand any thing for the use of a public t 
private cemetery. Nor was this any part of the Church-rev< 
nues in those days, when as yet the custom of burying : 
churches was not generally brought in, but was the practice 
Liter ages. Of which more, when we come to speak of tl 
funeral rites of the Church. 

15. If any one is desirous to know wh«at part of the Churc 
revenues was anciently most serviceable and beneficial to i, 
in'tlyoiic Church, he may be informed from St. Chrysostom and i 
luable Austin, who give the greatest commendations to the offerin 
**' V^ and oblations of the people, and seem to sav that the Chur 

lurch- . " . 

venues, was never better provided than when her maintenance w 
raised chit^fly from them. For then men's zeal prompted the 
to be very lii)oral in their daily offerings; but as lands ai 
possessions wore settled upon the Church, this zeal sensib 
abated ; and so the Church came to be worse provided ft 
under the notion of growing richer. Which is the thing th 
St. Chrysostom complains of in his own times, when the ancie 
revenue arising from oblations was in a great measure sun 
and the Church, witli all her lands, left in a worse conditi 



le obla- 
msof the 
ople an- 



tma-KOTTov, €iT€ irp((rffvT€pov, tj did- 
Kovtw, TTJi dxpavTov fUTabidSvra icot- 
vcofiar , jrapa rov fifTtxovros €i<nrpdT- 
Tfiv Tr/s ToiavTTjs fi€TdKriyltf<os X^P*'*' 
ofioXovsfi €?Sof t6 olovovv' ovd« yap 
nfnpafAtvrj t) x^pis, ovfic XRVt^o-i t6v 
tiyi(urpi\v Tov Ilv€VfiaTos ptTabldofifv. 
*** QiuTst. Hebr. in Gen. 23. t 3. 
**?'4. (t. 3. p. 340 d.) Postquam 
eniin prvtio victus est, ut sepulcrum 



venderct,. . . . appellatus est Ephn 
significante Scriptura, non eum : 
isse consummate perfectseque v 
tutis, qui potuerit memorias vendi 
mortuorum. Sciant igitur qui 
pulcra venditant, et uon coguni 
ut accipiant pretium, sed a nolei 
bus quoque extorquent, immut 
nomen suum, et perire quid de n 
rito eonim, &c. 



tlie ancient clergy. 



175 



than she was before. For now her ministers were forced to 
sobnut to secular cares, to the management of lands, and 
^uses, and the business of buying and selling, for fear the or- 
phans and virgins and widows of the Church should starve. 
He exhorts the people, therefore, to return to their ancient li- 
berality of oblations ; which woidd at once ease the ministry of 
all such cares, and make a good provision for the poor, and 
take off all the little scoffs and objections that some were so 
ready to make and cast upon the clergy, — that they were too 
mucb given to secular cares and employments, — when indeed it 
1^ not choice, but necessity that forced them to it. * There 
are.' says he^^, *in this place, (at Antiocli he means,) by the 
grace of God, an hundred thousand persons that come to 
church. Now, if every one of these would but give one loaf of 
hread daily to the poor, the poor would live in plenty. K every 
one would contribute but one halfpenny, no man would want ; 
neither should we undergo so many i-eproaehes and derisions, 
^ if we were too intent upon our possessions.' By this dis- 
course of Chrysostom's it plainly appears, that he thought the 
oblations of the people in populous cities, when men acted with 
Aeir primitive zeal, was a better provision for the clergy than 
even the lands and possessions of the Church. And St. Austin 
seems to have had the same sense of this matter : for Possidius 
tells us, in his Life^, * that when he found the possessions of the 
Church were become a little invidious, he was used to tell the 
laity, that he had rather Uve upon the oblations of the people 
of God, tlian undergo the care and trouble of those possessions ; 
and that he was ready to part with them, provided all the ser- 
vants and ministers of God might live as they did under the 
Old Testament, when, as we read, they that served at the altar 



» Horn. 86. [Bened. 85. al. 86.] in 
Matth. 26, 67, et seqq. (t. 7. p. 810 a.) 
Kac yap rj rov Q«ov x^^P*^^ '^^ dcVa 
fivpuidtfy ap^yubv o^uu rovs (vravda 
wpayofiipovs rcXriy* Koi tl d<l> Ms 
Uprov fUTfdiliov Ttvl T&v TTtvrjfnov 
€KaaTO£f Snayrtg ^aav hp cV tinropia' 
fl c{ iif^f im6vov ^dkoVf ovdtls ^ rjp 
vonjf, ovjc hf roaavra vTrffitivcufuv 
ovfidiy Ktd aKmfJLfiara diro lijs irtpi ra 
KT^fiara wpopoias. 

^ Vit. August, c. 23. (t. 10. ap- 



pend, p. 273 b.) Et (lum forte, ut as- 
solet, (le Dossessionibus ipsis inndia 
clericis neret, alloquebatur j)lebem 
Dei, malle se ex collationibua ])lebi8 
Dei vivere quam illanim possessio- 
num curam vel tj^ubemationem pati ; 
et paratuin 8e [esse] illis cedere, ut 
eo modo omnes Dei servi et mi- 
nistri viverent, quo in Veteri Testa- 
mento leguntur altari deservientes 
de eodem comparticipari. Sed nun- 
quam id laici suscipere voluerunt. 



/ 




176 OftiilM 

were made partakers of the altar. But though ho made ihii 
proposal to the people, thoj would never accept of it.' Whidi 
is an argument, tluit the people also thought that the rednang 
the clergy's maintenance to the precise model of the Old Tes- 
tament would have been a more cliargeable way to them than 
the other, since the obkitions of the Old Testament included 
tithes and first-fruits : concerning the state and original of 
wliirh, as to what concerns the Christian Church, 1 come nof 
to make a more particular inquiry. 

CHAP. V. 

Of tithes, and first-fruits in particular, 

•n- 1. CoNCKRNiNO tithcs, 80 far jis relates to the ancient Churcl^* 
it will be proper to make three inquiries. First, whether tb^ 
primitive feithers esteemed them to be due by divine right ^ 
Secondly, if they did, why they were not always strictly de-* 
manded ? Thirdly, in what age they were first generally set-' 
tied ui>on the Church ? As to the first inquiry, it is generally 
agi'oed by learned men that the ancients accounted titlies to be 
due by divine right. Bellarmin^S mdeed, and Kivet^'^, and Mr. 
Selden^^ place them upon another foot. But our learned bi- 
shop Andrews ^^ and bishop Carleton^^, who wrote before Mr. 
Sclden, and bishoj) Montague ^^ and Tillcsly^7, who wrote in 
answer to him, not to mention many others who have written 
since, have clearly proved, that the ancients believed the law 
about tithes not to be merely a ceremonial or pohtical com- 
mand » but of moi'al and perpetual obligation. It will be suffi- 
cient for me, in this ])lace, to present the reader with two or 
three of their allegations. Origcn, in one of liis Homilies on 
Numbers ^y, thus delivers his ophiion about it : * How does our 

«» De Clcricis, 1. 1. c. 2/^. (t. 2. p. ^ Divine Right of Tithes, ch. 3, 

317 a.) Quod non sit morale, &c. (pp. 11, seqq.) The title. How tithes 

^2 Exercit. 80. in (ien. 14. p. 386. stood under the Law. Where it is 

(t. I. p. 310. col. sinistr.) Altera ex- proved, that then this constitution of 

trema sententia est pene omnium tithes was neither ceremonial nor 

canonistanim, &c. — See the entire judicial, but moral, 

section, and to the end of p. 312. ^ Diatribse, &c. I^nd. 1621. 

♦^* llistor)' of Tithes, ch. 4. (t. 2. ^^ Animadversions upon Mr. Sel- 

of vol. 3. p. 1095.) Consult the den's History of Tithes, &c. Lond. 

whole chapter. 16 19. 4 to. 

^^ De Decimis, inter Opuscule, ^ Horn. 11. in Num.18. 1. 1. p. 

Lond. 1629. (i>p. 339. seqq.) 210. (t. 2. p. 305 f. ult. lin.) Quo- 



and Jirat-Jruit». 177 

nghteousnGM ctcocd tbo righteousness of the scribes and phn- 
riseea, if they dare not taste of the fruits of the earth Iwforo 
they offer the first-fruits to the pnest^, ami separate the tithes 
for the Levites ; whilst I do nothing of this, but only so abuse 
tile fruits of the earth, that neither the priest, nor tlic Lovitc, 
wr the altar of God shall see any of them ?' St, Jcroin says 
eipresfilyW', ' that the law about tithes and first-fruits was to bo 
undenttooih^fijontinue in its full force in the Cliristian Church; 
"here men were commanded not only to pve tithes, but to sell 
■11 that they had, and give to the poor.' • But,' says he, ' if wo 
"ill not proceed so far, let us at least imitate the Jewish pi-ac- 
ticc, and ^ive part of the whole to tlie jioor. and tlie houour 
tiiM is due to the priests and Levitcs. Which he who docs not, 
•lefrauds God, and makes himself liable to a curse.' St. Austin 
** plunly favours the same opinion'", telling men ' thiit thc^' 
ought to separate something out of tlicii- yearly fruits, or daily 
fflcome ; and that a tenth to a Christian was but a small pro- 
portion. Because, it is said, the Pharisees pave tithes : ■' I fast 
twice in the week, I give tithes of all that I possess." And our 
Mird fuuth, " Except your rightcousncus exceed the righteous- 
Un of the Scribes and Pharisees, ve shall not outer into the 
kingdom of heaven," But if he, whi>so rightoousiiess you are 
fo exceed, gave tithes, and you jirive not a thousiiuilth i>art, 

modo ergo abundat justitia nOBtra Iiub et Leviti» hunurem ilcbituni de- 

pluiquam ScribBrum et Pharisa^o- feramua. Quod qui non fecerit, 

omin, si iUi de fructibus terns buk Deum fraudare el Kiipiilantare cod- 

guttare non aadent, priiuquam pri- vincitur, &c. 

nitisa [auaa] sacetdotibua ofTerant, '" In Pa. 146, t.8. p.6o!J. (t.4. p. 

Bt Leritis deciniEe Heparentur ? [al. 1648 f. g.) Prtecidite erjto ajiauid, 

dtcimas aeparentM Et ego nihil Bo- et deputate aliquid fixuin, vel ex 

ram fecieni fniduius terrs ita nl>- annuis rruclibuB, vel ex quotidiania 

utar, ut aacerdoa neaciat. Invites quEt^Blibua ventriv. . . Exime ali(|uam 

i^oret, divinuin altare non aen- partem redituum tuurum. Decimas 

titt? via? decimnH exime, quanquam jm- 

«InMa].g.(t.6.p.9^8b.)Quod mm ait. Dictum eat enim, quia 

dededRiiapnTiittiisquedixiiniiH,(jiia; Pharisa-i dccimaa dabant: 'J«Juno 

oliin dabantnr a populo aacerdotibua bia in Sabbato, ilecimoa do omnium 

acLei-itiB.ineccleaiEequoquepopulia qua^unquc poasideo.' Et quid ait 

intelliinte : quibua pneceptum eat, DominuH? >Xisi abundavetit juati- 

non tolum deciinae dare et jirimi- tia vcstra ]>lua quam .Scril)anim et 

tika, aed et vendere omnia quss ha- Pharii^iporuin, non intrabitis in reg- 

bcDt et dare pauperibus, et aequi niim cuelunim.* Et ille, super quern 

Oomiuuni Salvatorcm. Quod ai fa- debet abundare jiiatitia tua, dpci- 

ccre noluinui, aaltem Judieorum mas dot : tu autcm nee milleEiinam 

imiteraur exordia, ut pauperibua daa. Quomodo atiperabia eum, cui 

pRrtem demua ex tolo, et sacerdoti- non lequaria i 

BIXOUAV, VOL. II, N 



178 Of fithrM I 



lif»w ran Villi lie ^aid tu exeee<l liiiu wliuni vou do not so mucb 
a> e4|Uiil t' Hv the>o few allegations the reader may be able to 
jiuige what notion the ancients had of tithes, as due by diTine 
rii;ht under the trospel. as well aj^ under the law ; and that tlw 
|>recei»t concerning them was not a mere ceremonial or politicil 
t'lmimand given to the Jews only, 
f not 9,, Rut whv. then, it niav l>e said, were not tithes exacted by 
iposto- *'*^' Apostles at first, or by the Fathers in the ages immediately 
•g« following ? for it is generally believed that tithes were not the 
imme- oriprinal maintenance of ministers under the Gospel. To thift 
'ly fol- lJij<liop Carlcton has returneii several very satisfactory answers, 
which the reader may take in his own words. First"*, 'That 
tithes were j»aid to the priests and Levites in the time of Christ 
and his A[M»stles : now the [Jewish] Synagogue must first be 
buried before these -things could Ik? orderly .... brought into 
use in the Church.' Secondly"'-, * In the times of the Xew Tes- 
tament, and somewhat after, there was an extraordinary main- 
teiiimce by a conniuinity of all things, which supplied the want 
of titlies ; but this community was extraordinary, and not to 
last always.* Thirdly "-^ * The use of paying tithes, as the 
Church then stood, was so incommodious and cumbersome, that 
it could not well be practised. And therefore ils circumcision 
was laid aside for a time, whilst Israel travelled through tlie 
wilderness, not l>ecauso the people of right ought not then also 
to have used it, but because it was so inconnnodious for that 
estate and tinuj of the Church, that it could not without great 
trouble be j>ractisod : even so the use of tithes in the time of 
Christ and his Ajjostlos was laid aside, not because it ouglit 
not, but because it could not without great encumbrance, be 
done. And as circumcision was resumed, as soon as the estiitc 
of the Church coidd bear it; so tithes were re-estiiblished, as 
soon as the condition of the Church could suffer it. For tithes 
cannot well be paid, but where some whole state or kuigdom 
receiveth Christianity, and where the majristrate doth favour 
the Church, whi<'h was not in the time of the Apostle^s.' To 

'' Divine Right of Tithes, cb. 4. other remark of the bishop. See 

ip. 22,^ Thirdly, &c. eh. 4. ( p. 23. ) Now, because 

•"' ll>iib ^p. 22.) Fourthly, &c. tithes, the ordinary maintenance, 

'^ This ihird argument is not could not be paid without great 

^Av^o^^w*^, but tho author's; sug- incumbrance, &c. Ed.] 

irr^nM. \\ >n*Mild siH»m, by some 






^' 3' aiul first'finiiu. 1 79 

these reasons some other learned persons 7-* have added a fourth, 
whieh is also worth noting, ' Tliat the tithes of fruits were not 
so early paid to Christian priests, because the inhabitants of 
the country were the latest converts ; whence also the name 
pagans stuck by the heathens, because the greatest relics of 
them were in country villages.' 

3. As to the last inquiry, When tithes began first to be ge- Inwhstage 
nerally settled upon the Church? the common opinion is, that flr^J^I^. 
it was in the fourth century when macdstrates bcfi^an to fa- ^1 ■•ttkd 
vour the Church, and the world was generally converted from church, 
heathenism. Some think Constantino settled them by law upon 
the Church; so Alsted^*, who cites Ilermannus Gigas for the 
same opinion. But there is no law of Constantino's now extant 
that makes express mention of any sucii thing. That which 
comes the nearest to it seems to be the law about an annual 
allowance of com to the clergy in all cities out of the public 
treasuries, which lias been spoken of in the last chapter ; but 
this was not so much as a tenth of the yearly product ; for the 
whole tribute itself seems to have been no more. For in some 
laws of the Theodosian Code'^ the emperor's tribute is called 
decinuEy tithes ; and the publicans, who collected it, are upon 
that account by Tully77 called decumani: and in Hesyehius 
the word dcjcarct/cti^, to tithe, is explained by T€k<ai;€lv and btKi- 
njv €UT'irpiTT€a'6aiy to pay tribute, or pay their tithes to the 

74 Fen, Not. in Cypr. Ep. 66, laboriosis effossionibus persequun- 

5al. I.] (p. 170. n. 3.) Serius qui- tur, decimas fisco, decimas etiam 

lem decmas ex fructtbus accipie- domino reprsesentent. — Ibid. leg. 11. 

bant sacerdotes Christiani, quia ni- (p. 499.) Hi, quibus ad exercenda 

lia incohe, quique agriculturam ex- metalla privata dives marmonim 

ercebant, non nisi sero ad fidem vena consentit, exscidendi exsecan- 

erant conversi ; unde paganonim dioue, juxta legem dudum latam, 

nomen ethnids adhsesit. babeant facultatem, ita ut decima 

7^ Supplem. Chamier. de Membr. pars fisci nostri utilitatibus, decima 

Ecdes. c. 10. n. 3. (t. 4. append, ei, cujus locus est, deputetur. 

P- 33^0 l^u<^ accedit, quod consue- ^^ Orat 3. in Verrem, n. 54. [al. 

tuoo ilia, ut decimsp ad N. T. ec- 31.] (v. 4. p. 1314.) Apronius de- 

clesias pervenerint, a Cbristianis cumanus non decumam debitam, 

iiDperatoribus primo baud dubie est non frumentum remotum atoue ce- 

profecta. Nam Hermannus Gigas latum ; sed tritici septem millia me- 

auctor est, Constantinum M. prse- dimnum ex Nympbonis arationibus, 

cepiaae, ut de rebus omnibus deci- edicti poena, non redemptionis aliquo 

nifle ecdesiis omnibus solverentur. jure, tollit. — Ibid. n. 55. [al. 22.] 

7^ L. 10. tit. 19. De Metallis, leg. (p. 13 15.) Hac ille vi et hoc metu 

10. (t. 3. p. 499.) Cuncti, qui per adductus, tantum decumanis, quan- 

privatonim loca saxonim venam turn iste imperavit, exsolvit. 

If 2 



180 Of Hthea 

collectors of the tribute. Unless therefore we can suppose Ant 
Constantino settled the whole tribute of the empire upon the 
Church, which it is evident he did not, we cannot take that 
law for a settlement of tithes upon the clergy. Yet it might 
be a step towards it ; for Iwfore the end of the fourth century, 
as Mr. Seldcn"« liimself not only confesses, but proves, out rf 
Cassian, Eugippius, and others, tithes were paid to the Churdt 
St. Austin lived in this age, and he says tithes were p^d before 
his time, and much better tlian they were in his own time ; fof 
he makes a great complaint of the non-payment of them. ' Our 
forefathers/ says he 79, * abounded in all things, because they 
gave tithes to God, and tribute to Caesar. But now, becaa^^ 
our devotion to God is sunk, the taxes of the State are raised 
upon us. We would not give God his part in the tithes, 9^ 
therefore the whole is taken away from us. The exchequ^^ 
devours what we would not give to Christ.' St. Chrysostom** 
and the author of the Opus Imperfectum on St. Matthew ^i tltf 
goes under his name, testify for the practice of other Churchc 
about the same time. And it were easy to add a list of man; 
other Fathers and Councils ^^ of the next age, which speak c 




t. ID. p. 20I. 

[al. Append. Senn. 86. c. 2.1 (t. 5. jus rei vel saltern minimse non ob 

p. 156 a.) Maiores nostri ideo co- tulisset : si quis autem de populo ii 

piis omnibus abundabant, qma Deo Deum peccabat, aut Isedebat aU 

decimas dabant, et Cscsari censum quem, aut aliquid tale faciebat, ne 

reddebant. Mode autem quia de- mo curabati compere enm . . . . Sii 

cessit devotio Dei, accessit indictio enim et modo fit ... Si populus de 

fisci. Nolumus partiri cum Deo cimas non obtulerit, murmuran 

decimas, modo autem totum tolli- omnes : et si peccantem populon 

tur. Hoc toUit fiscus, quod non viderint, nemo munnurat contn 

accipit Christus. eum. 

*> Hom. 4. in Epb. [c. 2.] p. 1058. ^2 c. Aurel. i. anno 511. c. 17^ 

(t. II. p. 31 a.) Ti yap ovk fnoiovv; Plltiis citation is erroneous. Thi 

eKflvoi dtKoTOif Kol TToKiv d€KdTas nrst Council of Orleans contains n( 

irtpas napilxov 6p<f>avoU^ xrjpais, canon on the subject of tithes. Ed.' 

TrpoarjXvTois €7rrjpKovv' dWa ifioi rtr — C.Matiscon.2. anno588. c.5. (t.5 

6avfMd(a>v Tiva ^€y€' dfKaras dldtaaiv p. 981 d.) ... Leges divinse, consU' 

6 8€iva' ndarjs al(rxvvrjs tovto ytfui, lentes sacerdotibus ac ministris ec* 

€1 1 €7r( rS>v *Iovd(ua>v ovk Jjp Oavfuta-^ clesiarum, pro haereditatis portions 

Tov, TOVTO eVl tS>v XpioTiay&v Oav^ omni populo prseceperunt decimal 

fiaa-T6v yiyovfv' tl t6t( Kiubvvos ^v, fructuum suorum locis sacris prse^ 

t6 dfKaTas dwoXLirtlv, -iwdria-ov Strov stare, ut nullo labore impediti norii 

coTt vvv, le^timis spiritualibus possint vacan 

^^ In Matth. 'Hom. 44. (Oper. mmisteriis. 
Chrysost. t. 6. p. 1886 c. d.) Sa- 



3- + 



r / 



i>: 



tiui<"^ a- tlifii a«tiiar.v 



r. . 



who dispute most ajriiin>t the tiivine riirht ul' ilioin il^» iiut dvuy 
this as to fact, it is neediest to prosecute this matter any fur- 
dier; which they that please may see historically deduced 
tkoDgh many centuries by Mr. Selden^^. 

4. There is one part more of Church reyenues whose original The ori| 
ranains to be inquired into, and that is first-fruits, which are ^^^ * 
frequently mentioned in the primitire writers. For not only tho num 
thoee called the Apostolical Canons*^ and Constitutions**^ speak °jj^^ 
of them as part of the maintenance of the clergy . but writers 
more ancient and more authentic, as Orif^en and Ircna^us. men- 
tioQ them also as oblations made to God. * Celsus/ savs Ori- 
gen**, • would have us dedicate first-fruits to demons ; but we 
dedicate them to Him, who said, '' Let the earth bring forth 
grasB, the herb yielding seed, and the fruit-tree yielding fruit 
after his kind." To whom we gire our first-fruits, to Him also 
we send up our prayers, having a groat high-priest that is en- 
tered into heaven, &c.' In like manner Irena>us savs^', ' Christ 
taaght his disciples to offer the first-fruits of the creatures to 
God,' and that ' this was the Churches continual obLition with 
thanksgiving for the enjoyment of all the rest.* Which implies 
either that they had a particular form of thanksgiving, as thoro 
is in both tho Greek and Latin Rituals ; or else, that these 
first-fruits were offered with other oblations at the time of the 
eacharist. However this be, it is evident that as thev were 
prindpally designed for agnizing the Creator, so they were 



« Hist, of Tithes, cb. 5, &c. See 
B. 789 precediDg. 

A C. 4. See ch. 4. a. a. p. 158. 
latter part of n. 97. 

^ L. 2. c. 35. tot. (Cotel. v. I. 
p. 336.) and especially the passaffe 
^bidu p. 338.) Deginning, Afi yap 
rvi/9 T§ iKKk/fcif. irpotrwdpfwnrras €K 
iff itatkifvia* ataTp€tf>faBai, An U- 
ptig» c. r. X. — L. 8. c. 40. Invocatio 
pro Frimitiis. (ibid. p. 417.) Evxa- 
pumvfuw vMf Kvpu noproKfidropf 
Atnumtpyi ru9 Sktuf km Upoworp-ii dc^ 
TBV Mopoytiwvf aw HaMs *ltf(rov 
Tpumv Tov Kvpiov ^um¥, iirl rtus 
w p o9€9€ X J^iiFOt9 <rM anapxais, ovx 
inm iAttkom, <iXX' 6(rap buv&pMBa, 

M Coot. Cels. 1. 8. p. 400. (t. I. 



p. 766 e.) 'AXXa kcu atrapxas Kc'Xcrop 
ficv baipoviois dvariSfvai /SovXrrcu* 
^fitls di T^ (iTTOvrt, BXa(rn;(rdro> ^ 
yrj ^ordvrjv )(6pTov, <m€tpop antpfia 
Kara ytvof Ka\ Kaff Sfioi&njra, Ka\ 
^v\ov KCLpwipov rroioOv Kopn^v, oZ t6 
tnrtppu airrov tv our^ Kara ytvot inl 
Tfjs yrjs' tf dc rii9 anap\at OTTodidM- 
p€v, TOVTtf Koi rar tv^dt d¥ajrMfiin>' 
luv, txovrts dpxitp^a fityav, dirX^Xv- 
Bdra Toits ovptufovt, *Ii;crovy rdv Xihw 

TOV QfOV, 

87 L. 4. c. 33. (p. 333. 3.) Sed et 
sois discipulis dans conBilium pri- 
mitias Deo offerre ex suis creaturis, 
&c. — Ibid. c. 34. (p. 335. 5.) Of- 
ferre igitur oportet Deo primitias 
ejus creaturse, &c. 



/ 



182 



Management of 



V. 



secondarily intended for the use of his servants ; and therefore 
wc find t)ie Eustathian heretics censured by the Synod of 
Ganf^^^, anno 324, 'for that they took the first^ruitSy which 
were anciently given to the Church, and divided them amcHig 
the saints of their own party.' In opposition to which practice 
there are two canons ^'^ made by that Council, forbidding any 
one to receive or distribute such oblations out of the Church, 
otherwise than by the directions of the bishop, under pain of 
excommunic<ation. Some other rules are also given by one of 
the Councils of Carthage, inserted into the African C-ode*** 
concerning these first-fruits, that they should be only of grape* 
and corn ; which shews that it was also the practice of tU^ 
African Church. Nazianzen^^ likewise mentions the first-friii^ 
of the wino-press and the floor, which were to be dedicat^^ 
to God. And the author of the Constitutions has a form ^ 
prayer*^, h:LKKy\iT\,% k-n\ Avapx^v, an invocation upon the ftrS^' 
fruits, to be used at their dedication. So that it seems vef^ 
clear that the offering of first-fruits was a very ancient aa^ 
general custom in the Christian Church, and that this als^ 
contributed something toward the maintenance of the clergj^^ 
whose revenues I have now considered so far as concerns the? 
several khids and first original of them. 

CHAP. VI. 

Of the mana/feittent and distnbution of the retmnues oftlve 

ancient clergy. 

1. The next thing to be considered is the ancient way of 

dr<jr managing and distributing these revenues among tlie clergy, 

and such others as were dependants upon the Church. Wliicli 



ere- 
)fthe 



n- 



^ In Praefat. (t. 3. p. 413 e.) Kap- 
iro<l>opias rt rai ^KKXTfciaoTiKas rat 
au€Ka6fP diBofjL€vas r^ (KKkriaia iav- 
Toiis KOi Tciis fTvv avTois, i»s ayuHs, 
rat diad6(r(ii TTotovfAtvoi. 

^ In Praefat. c. 7. (ibid. p. 419 b.) 
£c Ti£ Kapnofftoplai €KKKrja'ia(mKas 
f$t\oi \ap(idv€iv, fj dib6vcu cAo rrjs 
€KK\riarias, napa yvcufifjv rov €7naK6' 
irov, 5 Tov €yK€X€tpiarfUvov ra toi- 
avTOf Koi fi^ p-trh yvcupais avrov iOi- 
\oi irpamiVf dvdBtpa eara. — Can. 8. 
(ibid.) E( Tit didoc tj XaufiavM Kop- 
7ro<f)opiav trapficrht rot) cmcrKavrav, fj 



TOV €7riT€TayfJL€vov €it oiKoyo/itav €t;- 
notias, Koi 6 didovr icat 6 Xo^ciMuir 
avdBtpa €<rr(o. 

*> C. 37. al. 40. (ibid. p. 1067 e.) 
. . . Mrjdtp dc Trk€OV €v Toit airapxait 
irpo<r<f>€p€(rB», $ arr6 ora^vXttv Ka\ 
(tItov, 

»» Ep. 80. (t. I. p. 833d.)..... 
^Anapxat aXa>v6s re Koi Xrjvov, Koi 
T€icyciv Toiig aXrj$S>s <t^ikoT€K¥ovt aya' 
TiBtvai Sc^ biiuudv re koi oaiop. 

^ L. 8. c. 40. See the second 
part of n. 85, preceding. 



/ 

/( I' I'i'll -/'' . 'f II i'l ^ . 



I't'lllir a littlr ditlVrrnt tVnm tli«' \\;»\ •>!' I.lt* r ;lLir-. -Umc ^cltlr- .'. .;1\ ii- 

luents wore made upon parochial (•liuiThes, for the right ii^i-ofthe 
derstanding of it we are in the first place to observe, that an- bishop. 
ciently the revenues of the whole diocese were all in the hands 
of the bishop ; who, with the advice and consent of his senate 
of presbyters, distributed them as the occasions of the Church 
required. This will appear evident to any one that will con- 
rader these two things, which will hereafter be proved, when 
we come to speak of parochial churches and their original. 
First, that there were anciently no presbyters or other clergy 
fixed upon particular churches, or congregations in the Siime 
city or diocese; but they were served indifferently by any 
presbyter from the ecclema matrix, the motlier or cathedral 
church, to which all the clergy of the city or diocese belonged, 
and not to any particular congregation. Secondly, that when 
presbyters were fixed to pailicular churches or assemblies in 
Some cities, yet stUl those chiu'ches liad no separate revenues ; 
but the maintenance of the clergy oflficiating in them was from 
the common stock of the mother-church, into which all the 
oblations of particular churches were put, as into a conunon 
fund, that from thence there miglit be made a general distri- 
bution. That thus it was at Constantinople, till the middle of 
the fifth century, is evident from what we find in Theodorus 
Lector ^-^j who says that Marcian, the ceconomiis or guardian 
of that Church, under Gcnnadius, anno 460, was the first that 
ordered the clergy of every particular church to receive the 
offerings of their own church, whereas before the great church 
received them all. 

2. Now this being the ancient custom, it gives us a clear ac- And by his 
oomit how all the revenues of the Church came to be in the j^^^^*^ 
hands of the bishop, and how it was made one part of liLs oflSce m^ng the 
and duty by the canons to concern himself in the care and dis- 
tribution of them. Of which, because I liave already spoken 
elsewhere^, I shall say no more in this place ; save only that 
the bishop himself, to avoid suspicion and prevent mismanage- 



clergy. 



^ L. I. p. 553* (^- 3- P* 5^> 10.) wpoaiJHpofitva €v iKooTjj €KK\rj(ri^, 

UpotffdktTO Si T€waiios MtipKuaf6v, tovs tov r&irov icKripiKovs KOfJuC€aB<u 

oUootf6§to» rijt rmv KoBap&v Syra Bpt}' durvirwrev, eeof rovrov rijs fitydkrfs 

amiatf tls r^v iKitkmriaif iurt\&6vTa' €KK\riaias ircarra KouiCofuvris, 
ht, SfJta rf 'ytvcVmu oIkov6^v, to ^ B. 2. c. 4. 8. 6. v. i. p. 93. 



/ 



184 Mathogtinent of V..I 

mcni. was obliged to give an account of his administration in a 
provincial synod ^^ ; as also at his election to exhibit a list of his 
own goods and estate^, tliat such things as belonged to him 
might be distinguished from those that belonged to God and 
the Church. And for the same reason, the great Council 
of Chalcedon^' ordered, ' that every bishop should have an aeo- 
nonius, or ijuardian of the church, and he to be chosen by the 
vote of all the clergy,' as lias been noted in another place ^. 
« about 3 ^\g ^Q ^jj^j distribution itself, in the most primitive ages we 
of find no certain rules about it ; but as it was in the Apostles' 
^'*" days, so it continued for some time after : what was collected 
was usually deposited with the bishop, and distribution w>^ 
made to every man according as he had need. But the follow^ 
ing ages brought the matter to some certain rules, and th^ 
the revenues were divided into certain portions, monthly o^ 
yearly, according as occasion required ; and these proportions^ 
to the state or needs of every order. In the Western Churct' 
the division was usually into three or four parts ; whereof ox%^ 
fell to the bishop, a second to the rest of the clergy, a tliird t^ 
the poor, and the fourth was applied to the maintenance of th^ 
fabric and other neccssjirv uses of the church. The Council o» 
Braeara^^ makes but three parts : one for the bishop, anothexT 
for the clergy, and the third for the fabric and lights of tlie 
church. But then it waii supposed that the bishop*s hospitality 
should, out of such a proportion, provide for the necessities of 
the poor. By other rules V, the poor, that is, all distressed 

^^ Vid. C. Antioch. c. 25. (t. 2. p. rai^ KaTaK€i(^aif jc.t.X. 
573 b.) Et iKTo^aKkoi TO. npayftara *^' C. 25. (t. 4. p. 767 b.) Tffy fitp 

ctff oiKiaKus avTov XP*^^^ '^'>' ^^^^ ^^^ irp6(rodov t^s xHP^^^^^^ cVieXiy- 

7r6pov£ r^ff eKKkrjalaSt fj tovs aypSav alas aaxw <f)v\arT€(r&(U irapa r^ oiieo- 

Kapirovs, p.f) ptra yvaprjs rau irparfiv^ v6p.a r^p €KK\Tj(rias, 

T(p€OV fj tS>U blOKOVOiVf X^tp/^Ol, oXX' ^ B. 3. C. 12. S. 4. V. I. P. 359- 

olK€iois airrov, Koi avyy(V€aiv, rj a- ^ Bracar. I. c. 25* [Labbe, Bra- 

d€\<f}oiSt ^ viols, TrapdaxoiTo t6v cf- car. 2. c. 70 (t. 5* P* ^4® ^•) 1*^" 

ovciav, tls TO dta ratv Toiovrtav XeXi;- cuit, ut de rebus ecclesiasticis iiant 

66t(os pXarrrtaBai tovs Xoyovs Trjs' tres se^iue portiones, id est, una 

cicicXi/o'ia?* TovTov tvBvvas iraptx^iv episcopi, alia clericorum, tertia in 

rfi <rvv6^(p ttjs iirapxlas. reparatione vel in luminariis eccle- 

** Can. Apost. 39. al. 40. (Cotel. siap. 

[c. 33.] V. I. p. 443.) ^EcTTO) (jxivfpa 1 Vid. Gelas. Ep. i. al. 9. ad E- 

rh ibia Tov lino'K&irov irpaypaTa, eiyc pisc. Liican. C. 27* (CC. t. 4. p. 

mi (dta €^€1, Koi <t>av€pa Ta KvpioKh, 1195 c.) Quatuor autem tam de re- 

lua trover iav txfi tS>v Hiav rcXcvruv ditu, qiiam de oblatione fidelium . . . 

6 eiria-Konost ins /SovXi^rai Koi ols i9ov- convenit fieri portiones, auamm sit 

Xi;rai [al. ots /SovXrrcu, koi i»s jSovXc- una pontificis, altera clericorum. 



3*4- ('hiiiU'h-ri'iu nui's. IS.*!) 

jvoplo. tlio viririn-* and widows of' {\w clmrch. t(»^ctlnM' with 
the mart^TS and confessors in j)ris(jii, the sick and strangt^rs. 
have one-fourth in the dividend expressly allotted them. For 
all these had relief, though not a perfect maintenance, from the 
charity of the Church. At Rome there were fifteen hundred 
such persons, besides the clergy, provided for in this way in 
the time of Cornelius"^; and above three thousand at Antioch 
in the time of Chrysostom^: by which we may make an esti- 
mate of the revenues and charities of those populous Churches. 

4. In some Churches they made no such division, but lived In some 
all in common, the clergy with the bishop, as it were in one the riem 
mansion and at one table. But this they did not by any i<v. doll in 
general canon, but only upon choice, or particular combination 
^>iid agreement in some particular Churches. As Sozomcn^ 
^ctes it to have been the custom at Rinocurura in li)gypt, and 
^ affirms the same of the Church of St. Austin. What 
the practice of St. Austin and his clergy wo cannot better 
than from St. Austin himself, who tells us^ ' that all his 
<2lergy laid themselves voluntarily under an obligation to have 
^U things in common ; and therefore none of them could have 

paupenizn tertia, quarta febricis ap- (v. i . p.31 2. lo.) *Eif ^ ovk rjyvoti . . x^i- 

plicanda. — Simplic. Ep. 3. ad Flo- pas aw ffktPofUvois xmip ras x*^^^^ 

X^enk. (ibid. p. 1069 e.) . . . De redid- mrraKocias, otfs natrrag n rov decnrd- 

bna ecdeaise vel olHatione fidelium, rov vaptr xal <l)iKcaf6pamla Hiarpe^i, 

qind deceat nesdenti, nihil licere ^ nom. 67. [Bened. 66, al. 07.] in 

pennittat, sed sola ei ex his quarta Matth. t. i. p. 720. (t. 7. p. 658 b.) 

portio remittatur. Dvae, ecclesiasti- 'En^oroy ocais mrapKtl koO* cicaoT^y 

cia frbricis et erogationi peregrine- rnUpav xripms, Strais vapOtvois* kcu, 

mm et pauperum profuturse, ab yap th r6v rw rpitrytkuav dpiBfihv 

Onagro presoytero sub periculo sui 6 xoraXcSyof avr&p €<f>datr€, 

ordinia ministrentur : ludma inter ^ L. 6. c.31. See b. 3. ch. i. 8.4. 

16 dericia pro singulorum mentis vol. i. p. 307. n. 26. 

dhridatur. — Greg. M. 1. 3. Ep. 11. ^ Vit. August, c. 25. See before, 

(CO. t. 5. p. 1 143 c.) Cognovimus de ibid. n. 25. 

reditibus ecclesiarum noviter acqui- ^ Serm. 50. de Divers, t. 10. 

KtBB canonicam dLspositionem quar- n. 523. [al. Serm. 356. de Vit. et 

tsram minime convenire, sed episco- Morib.* Clericorum, 2.] (t. 5. p. 

poa locorum tantummodo distri- 1390 c.) Quia placuit iUis, Deo 

DaerequartamaDtiqnommredituam, propitio, socialis hsec vita, quis- 

nunc vero quspsita suis usibus reti- quis cum hypocrisi vixerit, quisquis 

nera. Qaam rem pravam subintro- inventus fuerit babens proprium, 

dactamqne consuetudmem fratemi- non illi permitto ut inde faciat testa* 

tas tua viraciter emendare festinet, mentum, sed delebo eum de tabula 

at aire de pneteritis reditibus, sive clericorum. Interpellet contra me 

de iia que nunc obvenerunt, vel ob- mille concilia, naviget contra me 

venerinty quartie secundum distribu- quo voluerit, sit certe ubi potuerit ; 

tionem canonicam dispensentnr. adjuvabit me Deus, ut ubi ego episco- 

3 Ep. ad Fab. ap. Euseb. 1. 6. c. 43. pus sum, ille clericus esse non possit. 



isr; 



Maawfrim nt <>/ 



V. d 



aiiv proj)ertv, (H' any thing to dirspoi^e of by will; or if tliev 
had, they were liable to be turned out, and have their names 
expunged out of the roll of the clergy : which he resolved to 
do, though they appealed to Rome, or to a thousand Gomicib 
against him ; by the help of God they should not be clerb 
where he was bishop.' For his own part, he tells us^, he waa 
so punctual to this rule, ' that if any one presented him with a 
robe finer than ordinary, he was used to sell it ; that since his 
clergy could not wear the same in kind, they might at least 
partake of the benefit, when it was sold and made common. 
But as this way of living would not comport with the state of 
all Churches, so there were but few that embraced it; aod 
those that did were not compelled to it by any general law, 
but only by local statutes of their own appointment. 

5. Yet in one of these two ways the clergy were commonlf 
provided for out of the revenues of the great church, till sneh 
rt by the times as endowments and settlements began to be made upon 
puro^jijij parochial churches; which was not done in all places at the 
'»'*•■• same time, nor in one and the same way. But it seems to 
have had its rise from particular founders of churches^ who 
settled manse and glebe upon the churches which they buildedt 
and upon that score were allowed a right of patronage, to 
present their own clerk, and invest him with the revenues of 
the church, wherewith they had endowed it. This practice 
was begun in the time of Justinian, anno 500, if not before; for 
there are two of his laws® which authorize and confirm it. 
About the same time a settlement of other revenues, as obla- 
tions, &c., was also made in some places upon parochial churches, 
as has been observed before out of Theodorus Lector's accounts 
of the churches of Constantinople. Yet the change is thought 
by some^ to be much later in England. For they collect out 



Iterations 
ide in 
eie mat- 



^ Ibid. (p. 1389 f.) Ita modo 
dicturi sunt homines, quia inveni 
pretiosas vestes, (juas non potuis- 
sem habere vd in dome patris 
mei, vel in ilia sseculari profes- 
sione mea. Non decet : talem debeo 
habere, gualem possim, si non ha- 
buerit, fratri meo dare. Qualem 
potest habere presbyter, qualem 
potest habere aecenter diaconus, 
talem volo accipere : quia in com- 



mune accipio. Si quis meliorem 
dederit, vendo, quod et facere soleo: 
ut quando non potest vestis esse com- 
munis, pretium vestis sit commune. 

8 Novel. ^7. c. 2. et Novel. 123. 
c. 18. See b. 4. ch. 2. s. 19. v. 2. 
p.33. nn. II, 12. 

■ Cawdrey, Discourse of Patron- 
age, ch. 2. (p. 8.) . . . . More than a 
hundred years after the coming of 
Augustine into Englnnd, that is. 



CKuTcA-retwnuM. 187 

tj Bede'o, that the aninent course of the clergy's ofGciating 
oolf pro tetnpon in parochial churches, whilst they received 
maintenance from the cathedral church, continued in England 
more than an hundred years after the coming of Austin into 
^land, that is, till about the year 700. For Bede plainly 
imiiiiates, that at that time the bishop and bis clergy lived to- 
gether, and had all things common, as they had in the pri- 
nudfe Church in the days of the Apostles. 

6. I have hut one thing more to observe upon this head, Nd aliem 
which is. that such goods or revenues as were once given to ^^^ „f 
the Church, were always esteemed devoted to God ; and there- cburch-rt 
I I iii'i- ■ I 1 '■cnues 01 

lore were only to be employed in his service, and not to be go.>tii bui 

^Tfirted to any other use, except some extraordinary case "f ^"5*' 

duuity absolutely required it. As if it was to redeem captives, occuions 

or relieve the poor in time of famine, when no other succours 

nnid be afforded them ; in that case it was usual to sell even 

the sacred vessels and utensils of the cliurcli, to make provi- 

wn for the living temples of God, which were to be preferred 

befwe the ornaments of the material buildings. Thus 3t. Am- 

hwe melted down the communion-plate of the Church of 

Ulan to redeem some captives, which otherwise must have 

Mntinued in slavery ; and, when the Arians objected this to 

him invidiously as a crime, he wrote a most elegant apology 

ud vindication for himself, where among other things worthy 

the reader's perusal, be pleads his own cause" after tliis 

manner : ' Is it not better that the bishop should melt the 

plate to sustain the poor, when other sustenance cannot he 

had, than that some sacrilegious enemy should carry it off by 

ibont the rear of our Lord 700. — itdmt noscitur, scribente ei reve- 

Sdden, HiiLofnthet, ch.9. p. 3». rendissimo Pa)u GreKorio, quod et 

(t a. of voL 3. p. 1310.) At woat supra posuimua. Sed quia tua fra- 

time tbcM lay foundatioiu, &c. temitaa, inquit, moDaaterii rqulis 

IB Hist. Gent. Anglor. 1. 4. c. 37. erudita Beoraum fieri non deMt a 

(p. 176. 34.] Siquidem a temporibua clericis suii in eccleaia Anfflorum, 

indem antiiqaia et epacopus cum qute nuper, auctore Deo, ad (idem 

dero, et abbea aokbat manere cum perducta est, banc debet converaa- 

monachia, qui tamen et ipai ad cu- tionem inatituere, qus in initio naa- 

lam efMscopi familiariter pertioerent. ceotia eccleaiie fuit patribus noatria. 

Quia mmimm ^dan, qui primua in quibna nullue eorum es his, quK 

goa loci ejnacopua fuit, cum mona- poaaidebant, aliquod euum eaae di- 

ebia illnc M ipaa monachua adire- cebat ; aed erant illia omnia com- 

Dieiu, moDacbicam in "" «%«,.«—... -^..aIa 
tioQcm inatitiiit. Quo 
beatna pater Anguati] 



tpiiua i> De Offie. 1. 3. c. 38. (t. 



188 



Manayenxent of 



V.« 



spoil and plunder ? Will not our Lord expoetolate with us upon 
this account? Why did you suffer so many helpless persons to 
die with famine, when you had gold to proTide them soste- 
nance? Why were so many captives carried away and sold 
without redemption ? Why were so many suffered to be stain 
by the enemy? It had been better to have preserred tlie 
vessels of living men, than lifeless metals. What answer can be 
returned to this ? For what shall a man say ? I was afraid lest 
the temple of God should want its ornaments. But Christ will 
answer ; My sacraments do not require gold, nor please me 
the more for being ministered in gold, which are not bougbC^ 
with gold. Tlie ornament of my sacraments is the redemption 
of captives, and those are truly precious vessels which redeem 
souls from death.' Thus that holy father goes on to justify the 
fact, which the Arians called sacrilege, but he, by a truer 
name, charity and mercy ; for the sake of which he condndes 
it was no crime for a man to break, to melt, to sell the mysticsl 
vessels of the Church, though it were a very great offence for 
any man to convert them to his own private use. After the 
same example we find St. Austin ^^ disposed of the plate of his 
church for the redemption of captives. Acacius, bishop of 
Amida, did the same for the redemption of seven thousand 
Persian slaves from the hands of the Roman soldiers, as So- 
crates ^^ informs us. From whence we also learn, tliat in such 
cases they did not consider what religion men were of, but only 



*2 Vid. Possid. Vit. August, c. 34. 
(t. 10. append, p. 2^4 e.) . . . . Nam 
et de vasis doimnici8, propter cap- 
tivoB et quamplurimos indigentes, 
fran^ et conflari jubebat et indi- 

fentibus dispensan. — [Conf. Cav. 
list. Liter, (v. i. p. 243.) .... Pau- 
perum studiosus, quibus vel ex re- 
ditibus ecclesise vet ex oblationibus 
fidelium prospiciebat, &c. Ed.] 

13 L. 7. c. 21. (v. 2. p. 367. 25. 
T6t€ bf} K€Li 'Affdiciov, rhp r^r *AfjUbijg 
€7riaKonov, rrpa^ts aytiBrf Yrcpc<^Miyc<rrc- 
pov 7r€7roifjK€ vols frao'iv* o>r yap ol 
Fafialtov arpaTi&rat roift aixfiakif 
Tou£ Tltpa-SiV, obi r^iv *A(a(rjv^v irop- 
Brja'avT€s fktifiov, airobovvai rcoy IIcp- 
a&p fiacikfi KOT ovbiva rp6nTov ifiav" 
\ovTo, Xc/i^ re ol alxfidkioToi e0^t- 
povTo, ntpl rovt €irraici(r;(cXiovr ivT€s 



t6p dpi$fi6v' Koi ravm ov fwcpAt 
cXvTTcc t6v jSao-iXca r&v Ucpa-w' rirt 
6 'Axokios ov iropcidc ravra ytvofitva' 
avyKaXctras dc roits vtfi avr^ i^i/pc- 
Kovs Spbpa£, €<f)fi' *0 Q(6s riiiSiv dkt 
bia-KtiVf o0rc vorripUov XPSC*^' '"^ 
yiip iaBUi, ofht Triycc, errcl fi^ Kpoa-' 
berfs €<mv' cVrl toIwv vniXXh jccc/mj- 
\ia xpwTCi r€ Koi dpyvpa 17 ckkX^ctui 
€K TTJs fvyviofUMrwris rStv npoirriK6v' 
r<0V ovTJ K€KTriTai, irpoo^iecc ex rov- 
r«v pvvaa-Oal re tw arpafntorStv rovs 
at\paKu)Tovs, xal bioBp^y^ai avrow' 
Tavra Ka\ cSXXa rrktiova rovroir vro- 
pairXrioia bit(f\Bci>y ;(<ovrv€i fi^v to. 
KCi/i^Xta' Ttfiri flora bi rols orpaTio^Tais 
VYTCp tS>v alxfUiKoyrmv KaTa0aXi>yf Koi 
buiBpofras avTovs, tlra bovs €(f}6but, 
T^ olK€itf afTfYre/A^c /SacriXci. 



>• Churchrrevenuea. 189 

ivhether they were indigent and necessitous men, and such as 
stood in need of their assistance. Wc have the like instances 
in the practice of Cyril of Jerusalem, mentioned by Thoo- 
doret*^ and Sozomen'*, and in Deogratias, bishop of Car- 
thage, whose charity is extolled by Victor Uticensis^^ upon 
the same occasion : for he sold the communion-plate to redeem 
the Roman soldiers, that were taken captives in their wars with 
the Vandals. This was so far from being esteemed sacrilege 
or unjust alienation, tliat the laws against sacrilege excepted 
this case, though they did no other whatsoever : as may be 
seen in the law of Justinian ^7, which forbids Hhe selling or 
pawning the church-plate, or vestments, or any other gifts, 
except in case of captivity or famine, to redeem slaves, or 
i^?e the poor ; because in such cases the lives or souls of 
lOen were to be preferred before any vessels or vestments 
Whatsoever.' The poverty of the clergy was a pitiable case of 
the same nature ; and therefore if the annual income of the 
church would not maintain them, and there was no other way 

i^ L. a. c. ay. (v. 3. p. no. ai.) divitias cum populis captivavit. 

Ti^ yhp Uphw oTokifv, ^ 6 vavtv' Quae dum multituao captivitatis A- 

ty/iof Kt^waratmpos 6 /SmriXcw, r^ fiicanum attingeret littus, dividenti- 

poaakvfMMf iKKkrivUaf ytpaip»v, dc- bus Vandalis et Mauris iiigeotem 

Micirc r^ VLoKopUf rf "^^ noKws populi quantitatem, ut moris est 

imiwfit dpvupti, tva rwrtjv irtpifiak' Barbaris, mariti ab uxoribus, liberi 

X&IU909 1^ Tov B€iov fianritriiaTos a parentibus separabantur. Statim 

hnnkj \€tToupyUar ^k -xpwr&v dc sategit vir Deo plenus et clarus uni- 

ovni nmimuurro vtifiarny neirpa' versa vasa ministerii aurea vel ar- 

ttMu rdr Kv/mXXov 9^, k. r. X. gentea distrahere, et libertatem de 

i^ L. 4. c. a5. (v. a. p. 171. a8.) servitute barbarica liberare, et ut 

Aifftov KaTdkafi6vTos rrfv 'itpoaokv- conjugalia foedera manerent, et pig- 

fumf x^P'"^' ^ '^ rirUrKxmow iffKtv€ nora genitoribus redderentur. 
fiiwoffOfMMtyirX^^ffyr^f dyayfeoia; 1^ Cod. 1. I. tit. a. de Ecclesiis, 

TfioMt dwopovftMvtnr ivtl df xR^l^ora le^. ai. (t. 4. p. 60.) Saucimus, ne- 

oMc 9r, olg iwucovp€i¥ 7d<«, Ktifirikia miDi licere sacratissima atque ar- 

col 2f/Wk wapamTdtriutra mridoro' k, cana vasa, vel vestes, casteraque do- 

r.X. naria, quae ad divinam religionem 

18 De Persecut. Vandal. 1. i. ap. necessaria sunt .... vel ad venditio- 

BibLP^itr.t.7.p.50i.(ap.Bibl.Maz. nem, vel ad hypothecam, vel [ad] 

t. 8. p. 6^7 e. 9.) Posthsc factum pignus trahere .... excepta videlicet 

ctt, tnppiicante Valentiniano Au- causa captivitatis et famis, in locis 

gusto, Cartha^iensi ecclesise, post quibus hoc, quod abominamur, con- 

u>Dgam silentium desolationis, epi- tigerit. Nam si necessitas fuerit in 

scopmn ordiDari, nomine Deogratias redemptione captivorum, tunc et 

.... Illo igitur episcopo constitute, venditionem prsefatarum rerum di- 

fitctum est peccatis urgentibus, ut vinarum, et hypothecam, et pigno- 

nrbem illam quondam nobilissimam rationes fieri concedimus : quoniam 

atque fiunosam, quintodecimo regni non absurdum est, animas hominum 

•uianno, GosericuscaperetRomam. quibuscunque vasis vel vestimentis ^ 

Et dmiU ezinde regum multorum pneferri, &c. M 



190 



MiMtuMffetnent of Church-revenues. 



V.ii 



that 
ithe 
t oon- 



to provide them of necessaries; in that case some canoiu" 
allowed the bishop to alienate or sell certain goods of the 
church, to raise a present maintenance. 

7. But that no fraud might be conmiitted in any such cases, 
the same canons did specially provide, ' that when any urgeot 
of the necessity compelled the bishop to take this extraordinary 
dergy, course, he should first consult his clergy, and also the metro- 
^bu P^'i^^u^' <^^ others his comprovincial bishops, that they might 
of the judge of the necessity, and whether it were a reasonable 
ormme g^'ou^d for such a proceeding/ The fourth Council of Ctf- 
incial thage'^ disannuls all such acts of the bishop, whereby be 
either gives away, or sells, or commutes any goods of the 
church, without the consent and subscription of his clergy- 
And the fifth Council of Carthage*^^ requires him to intimata 
the case and necessity of his church first to the primate of (ha 
province, that he, with a certain number of bishops, may judge 
whether it be fitting to be done. The Council of Agde^" says, 
* he should first consult two or three of his neighbouring bi- 
shopry, and take their approbation/ Thus stood the laws of 
the Church so long as the bishop and his clergy had a com- 
mon right in the dividend of ecclesiastical revenues ; nothing 
could be alienated without the consent of both parties, and 
the cognizance and ratification of the metropolitan or provin- 
cial synod. So that the utmost precaution was taken in this 
affair, lest, under the pretence of necessity or charity, any 
spoil or devastation should be made of the goods and revenues 
of the Church. 



'** See nn. 20 aod 21, follow- 
ing. 

.^ C.4. (t. 2. p. I3i6 a.) Racuit 
etiam ut rem ecclesiae nemo vendat. 
Quod si aliqua necessitas cogit, 
banc insinuandam esse priroati pro- 
vinciae ipsius, ut cum statuto nu- 
mero episcoporum utrum faciendum 
Bit, arbitretur. 

'^ ^- 33. (t. 2. p. 1202 e.) Irrita 



erit donatio episcoporum, vel ven<^- 
tio vel commutatio rei ecclesiaaticse, 
absque conniventia et subscriptione 
clericorum. 

2» C. 7. (t. 4. p. 1384 b.) . . . Quod 
si necessitas certa compolerit, . . . a- 
pud duos vel tres comprovinciales vel 
vicinos episcopos, causa, qua ne- 
cesse sit vendi, primitus comprobe'- 
tur : &c. 



BOOK VI. 



AU ACCOUNT OP SEVERAL LAWS AND RULES, RELATING TO 
THE EMPLOYMENT, LIFE, AND CONVERSATION OF 
THE PRIMITIVE CLERGY. 



CHAP. I. 

Of the excellency of these rules in general, and the exeniplari- 
ness of the clergy in conforming to them, 

1. 1 HAVE, in the two foregoing books, given an account The exoel- 
rf the great care of the primitive Church in providing and chStian 
Wning up fit persons for the ministry, and of the great en- "ilea at- 
oooragements that were given them by the State, as well to envied by 
honour and distinguish their calling, as to excite and provoke ^fJ*®*" 
them to be sedulous in the discharge of their several offices 
and functions. There is one thing more remains, which is, to 
give an account also of the Church's care in making necessary 
laws and canons, obliging every member of the ecclesiastic 
body to live conformably to his profession, and exercise himself 
in the duties of his station and calling. These rules were, many 
of them, so excellent in their own nature, and so strictly and 
carefully observed by those who had a concern in them, that 
some of the chief adversaries of the Christian religion could 
not but take notice of them, and with a sort of envy and emu- 
lation bear testimony to them. Among the works of Julian 
there is a famous Epistle of his to Arsacius, high priest of Ga- 
latia, which is recorded also by Sozomen'^^, wherein he takes 



22 L. 5. c. 1 6. (v. 2. p. 303. 36.) 

Ovdc a/mPkarofifv, t fiaXurra ttjv d- 
Bt&nfTa <nnnjv(tia'€v, ^ ntpi rovt (c- 
mvs (fHkApBpcmia, jcal 17 irepl riis tq" 
ifias r&v v€Kp&y vpoya^Otta, Koi fi ire- 
wXaafuvff irtfi»&nis Karh t6v piov w 



fKooTov oiofjuu XPh^^^ ^^ ruimv 0X17- 
BSis €Tri'njd€V€<rBcu' koi ovk airdxpi 
t6 (r€ fi6pov €wai toiovtov, oXX^ irav" 
ras arr€i(arr\S>s, oi. ircpl r^i^ raXartav 
€taw UptU' ots 5 bva-onrria-ov, fj irci- 
<rov ehcu cnrovdoiovr' fj Trjg Uparuajs 



i 



19S2 



ISjcrmplariness 



occ'a.sion to tcU him, ' th«it it waa very visible that the causes d 
tlie great increase of Christianity were chiefly their professed 
hospitality towards strangers, and their great care in hfxrjrBg 
the (load, joined with a pretended sanctity and holiness of life' 
Therefore he bids him, iis high priest of Galatia, to take ore 
' that all the priests of that region, that were mider him, 
should be made to answer the same character; and that he 
should, either by his threatenings or persuasions, bring them 
to In* diligent and sober men, or else remove them from the 
office of priesthood ; that he should admonish the priests, ne- 
ther to appear at the theatre, nor frequent the tavern, vsx 
follow any calling or emplo\nD[ient that was dishonourable and 
scandaloa*^ ; and such as were observant of his directions, he 
should honour and pi'omote them, but discard and expel the 
refractory and contumacious/ Tliis is plainly to say, and it is 
so much the more remarkable for its coming from the montb 
of an advci'sary, that the Christian clergy of those times were 
men that lived by excellent rules, diligent in their employment, 
grave and sober in their deportment, charitable to the indigent, 
and cautious and reserved in their whole conversation and 
behaviour toward all men. Which as it tended mightily to 
propagate and advance Christianity in the world, so it was 
what .Julian, upon that account, could not but look upon with 
an envioiLS eye, and desire that his idol-priests might gain the 
siuno character; thereby to eclipse the envied reputation of 
the other, and reflect honour and lustre upon his beloved 
heathen religion. AVo have the like testimonies in Ammianus 
MarccUinus--^ and others, concerning the frugality, temperance, 
nu>dosty, and humility of Christian bishops in their own 
tinu»s: which coming from the pens of professed heathens, and 
s\\A\ as ilid neither spare the emperors themselves, nor the 



Xr« I »>!>•) «ir<l>roo'n;(rov,r{ /x^ irpoafp- 

(S.si'^oi-r^tf Tins OtoUfdXka ivfxoivro 
• vk'k otVffvi*!'. f) vUiAV, ^ rSivTcLkCkaUov 

»«»\. ,1."^? X" ••ni W $f oaf fit las Trport- 
-«\>iu'k «ifini irn^xiivforov itpia, /i^- 
«% s\t«i -^ t,i.iii.^iiXXrii',/ii;rr €v Kojnj' 
\«.^i ^.^Mir, M i«\)'»;c riwW Kol cpya- 
,i..i« «!.'.• ^,siv Mil I'lroifi^iOTOu npO' 
.:>t«k.>H'\*. \%i« f«»iv fwr irti6ovfi€Vovs 



23 L. 37. c. 3. (p. 481.) Qui esse 
poterant beati revera, si, ma^^nita- 
dine iirbis despecta, quam vitus op- 
ponunt, ad imitationem antlsdtum 
qiionindam provincialium viverent : 
quos tenuitas edendi potandique 
parcissime, vilitas etiam indumen- 
torum, et supercilia humum spectan- 
tia, peq>etuo Numini verisque ejus 
cultoribus ut puros commendant et 
verecundos. 



nf tin nrintitli'r rh mil. 19*5 

l»whnj)> <.>t* Rnino. who 1iv<mI ill ^n-atri- ^tah' ami atlliiciirc, iiia\ 
well be thouglit authentic relations and just accounts of tliosc 
lioly men, whose commendations and characters, so ample, no- 
tlmig but truth could have extorted from the adversaries of 
tteir religion. 

% This being so, we may the more easily give credit to The charac- 
diose noble panegyrics and encomiums, which some ancient ciergj from 
Cbristian writers make upon the clergy and their virtues and Christian 
fiKipIine in general. Origen'^'* says, ' it was the business of 
thar life to traverse every comer of the world, and make con- 
verts and proselytes to godliness both in cities and villages. 
And they were so far from making a gain hereof, that many 
tf them took nothing for their service; and those that did 
to(i only what was necessary for their present subsistence ; 
tlMmgh there wanted not persons enough who in their liberality 
vere ready to have communicated much more to them.* St. 
Austin 3^ gives the like good character of the bishops and pros- 
liters of his own time, making them the chief ornament of the 
Cbtholic Church, and extolling their virtues above those of a 
OKmastic life, because their province was more difficult, having 
to converse with all sorts of men, and being forced to bear 
with their distempers in order to cure them. He that would 
•ee more of this general character must consult the ancient 
Apologists, where he will find it interwoven with the character 
of Christians in general ; whose innocence, and patience, and 
charity, and universal goodness, was owing partly to the insti- 
tutions, and partly to the provoking examples of their guides 
and leaders ; who lived as they spake, and first trod the path 

^ Coot. Celfl. 1. 3. p. 116. (t. I. enim multos episcopos, optimos vi- 

p. 453 a.) . . . TcWff oZv Ipyov imroi" ros sanctissimosque cognovi, quam 

ifiPTDc tanfHMpx^aOai ol iidvop ird- multos presbyteros, quam multos 

X§u, ikX^ nil MfjLGs, Koi riravXciv' diaconos et cujuscemodi [al. hu- 

aw Koi Skkow tvatfftU r^ Gcf Kara- jusmodi] ministros divinorum sa- 

9xniairaNri* ml ovk 6y nXovrov rts cramentorum, quorum virtus eo 

owRo ifnjmu a^rovs tovto irpdmw, mihi mirabilior et majore praedica- 

iaiff in yuh oidi tA fro6f rpoKfnfv tione dignior videtur, quo aifficilius 

Xa^fi&ifowTar c7 irort dc auayKoCourro est earn in multiplici hominum ge- 

im6 rrjt awopias rovn^r, rj xp^uf nere, et'jn ista vita 'turbulentiore, 

/mSmi dpKovfUpovs, K^¥ wXttovs avToU servare. Non enim ^sanatis magis 




t. I. p. 330. (t. I. p. 711 e.) Quam quse sedanda est pestilentia. 
BOfOHAM, VOL. U. O 



i 



194 ExemplarinesB VI 

themselves which thej required others to walk in. Which was 
the thing that set the Christian teachers so much above the 
philosophers of the Gentiles. For the philosophers indeed dis- 
coursed and wrote very finely about virtue in the theory, but 
they undid all they stiid in their own practice. * Their dis- 
courses/ as Minucius observes *^^, * were only eloquent harangues 
against their own vices; whereas the Cliristian philosophers 
expressed their profession, not in their words or habit, but in 
the real virtues of the soul : they did not talk great, but live 
well; and so attained to that glory which the philosophers 
pretended always to be offering at, but could never happily 
arrive to.' Lactantius^7 triumphs over the Gentile philosophers 
upon the same topic; and so do Gregory Nazianzen^®, Tertul- • 
lian'^^, Cyprian 3^, and many others ; whose arguments had 
been easily retorted, had not the Christian teachers been ge- 
nerally men of a better character, and free from those imputa- 
tions which they cast upon the adverse party. 
Furticoltf 3, Some few instances indeed, it cannot be denied, are to be 
^^^OH fonnd of persons, who in these best ages were scandiils and re- 
tion to their proachcs to their profession. The complaints that are made by 
good cha- good men will not suffer us to believe otherwise. Cyprian^* 

ncter. 

28 Octav. 1. 3. [c. 38.] p. 116. 30 De Bon. Patient, p. 210. (p. 

(p. 185.) Philosophorum supercilia 145.) Hanc [patientiamj se sectari 

contemnimus, quos comiptores et philosophi cjuo^ue protitentur, sed 

adulteros novirous et tyrannos, et tam illic patientia falsa est, quam et 

semper adversus sua vitia facundos. falsa sapientia est. Unde enim vel 

Nos non habitu sapientiam, sed sapiens esse vel patiens po88it,qui 

mente prseferimus : non eloquimur nee sapientiam, nee patientiam Dei 

magna, sed vivimus : gloriamur nos novit ? .... Si sapiens ^al. patiens] 

consecutos, quod illi summa inten- ille est, qui est numilis et mitia ; 

tione qusesiverunt, nee invenire po- philosophos autem videmus nee hu- 

tuerunt. miles esse nee mites, sed sibi mul- 

^ L. 4. c. 23. tot. (t. I. pp. 334, turn placentes. . . .Nos autem. . .qui 

seqq.) Quicunque prsecepta, &c. — pbilosophi non verbis sed factis su- 

L* 3* ^' 15* (ibid. p. 225.) Eodem mus ; nee vestitu sapientiam, sed 

ductus errore, &c. veritate prseferimus ; qui virtutum 

^ Orat. 3. Invect. 1. in Julian, conscientiam magis quam jactantiam 

(t. I. p« 05 d.) ^EfTCira 9rc0ff, k. r. X. novirous; qui non loquimur magna, 
— Ibid. (p. 



103 c. d.) *H KavTovBa, sed vi\imus; quasi servi et cultores 
. r. X. — Ibid. (p. 107 a.) Tt d* t» Dei, patientiam, quam ma^steriis 
uroif, K. T. X. — ^Ibid. (p. 108 c. d.) coelestibus discimus, obsequiis spi- 
YLairoi nw ravra, k. r. X. — Ibid, ritualibus prsebeamus, &c. 
(p. 109 a. b. ) T6 yhp icaXXiOToy, ^^ De Lapsis, p. 124. (p. 88.) Do- 
le, r. X. minus probari familiam suam voluit, 
^ A]X)1. c. 46. tot. (p. 35 b.) Con- et quia traditam nobis divinitna dis- 
stitimus, &c. cipiinam pax longa corrupent, ja- 



of tlie primitive eleryy. 195 

and Easebiusi)^ lament tlic vices of some among tlie clci-^y sa 
well as liuty, and reckon them among the causes that moved 
the Divine Providence to send those two great fiery trials 
apon the Church, the Decian and the Diocletian persecutions ; 
thereby to purge the tares from the ivheat, and correct those 
enormitios and abuses which the ordinary remedy of eeclosi- 
istical discipline, through the iniquity of the times, was not 
able to redress. The like complaints are made by Chrysostom'"', 
Gregory Narianzen^*, and St, Jeroro^-^, of some ecclesiastics in 

^ Horn. 30. in Act. (t. 9. p. 338 b.) 

/^I'flofar fU i^ ToS fftov too <roG' 
ovTT) ij iiiaaiaOkia opt<mi' Xiytis Sn 

IDlDiis sic CODCta modcratui eat, ut Sil firrpuifttv, ital /laKpiy utrip rou- 

boc omnci quod gestum eet, explo- tdv \Ayor awoniinit, col prp-opiitir 

mio potiiu quam persecutio vide- piar onuXumc ; aXXa irov $t\Tiaui 

retur. Studebant auKendo patri- ixiivit, ^ijuic, 6 ji' ipyuv roCro rnu- 

monio un^ruli ; ^ obliti ijuid ere- Stiav ifii' oh yap ovTot tuaStv ivrl- 

dentea, aut sub ApostoUa ante feds- 6tir6ai rg yimxa ^^ poB^iiara aiti pq- 

•eut. But semper facere deberent, pArar, iit diri jrpaypaTar' iirtl col 

insatiabili cupiditatiB ardore ampli- tov iilj to fpY"' *X7t'- "^ piifv ovk 

■ndis facoltalibiu incubabant. Non i^i^iXqirac tiiruv, oXXo icul ptt^imt 

la aaceidotibua religio devota, non <i3Xu^c' ^i\riov aiy^r' iuxri; an 

in ministria (idea Integra, non in davwiTOB pii to jrpayfui KaAurnt' «i» 

operibuB misericordja, non in niori- >«» -yap, Src ti iru rj rnOra i.iyior ob 

Irna dUciplina. Corrupta barba in jcaropdoic, iroXX^ /iiiXXov t'yu o-uy- 

\m», in foeminia forma fucata. Adul- yvw^i)! I'^iat Xiyav liiiivar iia 

tcrati poit Dei manus oculi, capilli toOtij ipTimw A irpot^iii-ijc' T^ it apap- 

meDduio colorati. Ad decipienda raiXf^ tiirry A e«tc' iva ti trv t'*6ttys 

corda simpliciuni callidie fraudeii, tu duraiu/iard pou; piiCar yip avTij 

circumreniendit fratribua Bubdolie 17 p\afit), otoh toKSat diSaatar tic 

Tolautatei. Juogere cum infideli- iia pqpdrair, &m rav fpyav jroXiptj 

bus vinculum matrimonii, proati- rn diSainiaXi^' tdCtd itdXXuv airiuv 

lucre gentiUbua merabra Chrieti, yiymt KanStv cv rait ntXijirtaK. 

noD jurare tantum temere, aed ad- ^ Carm. (^>'fin. de Episcopia. 

hoc etiom pejerare : pnepoiiitos au- (t. 3. p. 301 b.) Tiirpissimum erat, 

perbo tumore contemaere, venenato illorum me lidei cauponnm in nu- 

sibi ore maledicere, odiia pertinaci- mero ease : quorum alii nepotes 

bni invicem diaaidere: epiacopi plu- erant eorum, qui ttibutorum scriba 

rimi, quo« et hortamento ease opor- fuerant, et aliud nihil animo volve- 

let csteiia et exemplo, divina pro- bant, quam falsaa et subdolaa ratio* 

cnntione cont«mta, procuratorea num uepravationea : alii ab aratiia 

remm ascularium fieri, derelicta venerant, adusti a aole: aliia ligone, 

cathedra, plebe deaerta, per alienaa vel bidente totum diem non quiea- 

provinciaa obeirantea, negoliationia cente: alii remoa exercituaque reli- 

qiueatuosce nundinas aucupari. B- querant, redolentea adhuc sentinain, 

•nrienlibuB in ecclena fratribua non vel corpua fiedatum cicatricibua ha- 

snbvenire, habere ai^ntum largiter bentea, populi gubernatores ac du- 

veDe, AudcM uuidiosia fraudibua cea militum, &c. 

T^KTe, nauria mnltiplicantibua fa- ^Ep.3.[al.S3.]adNepotian.(t.i. 

Btu aagne, &c. p. 358 e. aeqq.) nidet dicere, &c. — 

** L. 8. C, I. (v. I. p. 376. a6. Conault cr. ft, 9, 11, and 15, parti- 

Mqq.) 'ttt Aa it T^t ^i ttXiw i\iv cularly. 



f • 



Tl 






nsOf^ixi'iir- 



' - I T. -^ 






"■■•"" !_-." T--T- 



rrrn 






r T 



• Tr 



T — ;'r-. 



▼ _- ■: : ir^' -^ " *--:v 'm ■h.-- -^uhh*^ . «Qt!£. 15 

::• '".. ; :;.• i - >-■"•-'" r.::»- — •:••:.- Miu .u'^ r:.H-. :tt r:"2S vvn- 

•.;,- -".■-^ -:■-..-".' ■M.-u"'-**- r -_i»- ni rs tOlhh*!;: rrlzihiTe 

■:-.-_. -^ T- ._•- iTtvi ' '.::»- :_': ■' t-i'T >'*ic tkcs •:( ihe 

i^r -i'.. ■". !*• "1": .-.:'- r -ji*i~ ■-- " ' . i_Ts !*c d . ic-f life of 

■ 

"T. •KK ::**::- -Sk- >. »Tr': •:i-r:.'.;.l:r.Ti 1:1 t ri-.-i-j'^. The chief of 
tL-i^s^ 'il-y^fir-*.- ::i ^//.r. ic'.:*'i*t ar-': Al-vradv rrAa>lited into our 
■t:, jiTiir-Uir'- ^'7 ^-'th^rr \^:Ut -''. AT.-i ::.-ry are t'>:» p!»!ix to be 
•;;>er:r^i iiito a 'iiv:o»ir-<; of tlii- r*.*i iire. wh:«/a ppveeds in a 
clf^T^Zit :iif:i\i*A from tljCrru. I *h.ill ih»?refore only extract 
>u:ii ...WrnatioiL-i from thcui a^ fall in with the public and 

■•^^enil Uws of the Chur^'h. r,f which I jrive an account in the 
■' C.'win^ chapUT.-?, and h^ivo the re?*t to the curious diligence 

. c :r.o inquisitive nja/ler. 

^ ^etf Bp. Buroet'fl Pant'iral ('ari?, rnarqueH relating to the State of the 

^^ 4. pp. ;"• ic. and pp. 66, &c.j ('hurch of the Firet Centuries, &c. 

wd Squirt''*' Remarka on the Liven l»nrlon. 1680. 8vo. 
s \^ Pnmitive Fatheni, or Jir- 



4- li. I. i)J' the ijrintititH' derail. 197 

CHAP. II. 

Of laws relating to the life and conversation of the primitive 

clergy, 

1. Thb laws of the Church which concerned the clergy I Exempli 
shall for distmction's sake consider under three heads ; speak- quir^ u 
inff , first. Of such laws as concerned their life and conversation. *t® *^^ 

, above otl 

Secondlj, Of such as more particularly related to the exercise men : re 
of the several offices and duties of their function. Thirdly, Of ^"^ ^^^ 
such as were a sort of out-guards or fences to hoth the former. 
The laws, which related to their life and conversation, were 
such as tended to create in them a subhmity of virtue above 
other men ; forasmuch b& they were to be examples and pat- 
terns to them, which if good would be both a light and a spur 
to others, but if bad the very pests and banes of the Church. 
It is Gregory Nazianzen*s^7 reflection upon the different sorts 
of guides, which he had observed then in the Church ; — * Some,' 
he complains, ' did, with unwashed hands and profane minds, 
press to handle the holy mysteries, and affect to be at the 
altar, before they were fit to be initiated to any sacred service. 
They looked upon the holy order and function, not as designed 
for an example of virtue, but only as a way of subsisting them- 
selves ; not as a trust, of which they were to give an account, 
but a state of absolute authority and exemption. And these 
men's examples corrupted the people*s morals, faster than any 
cloth can imbibe a colour, or a plague infect the air ; since men 
were more disposed to receive the tincture of vice than virtue 
from the example of their rulers.' In opposition to such he 
lays down this as the first thing to be aimed at by all spiritual 
physicians ; — * that they should draw the picture of all manner 
of virtues in their own Uves, and set themselves as examples to 

^ Orat. I. Apologet. de Fug. — Ibid. (p. 6 b.) Ov yap oirr<up o{^c 

(t. T. p. 5 ^) 'Aytvrrocr ytpalv, t ori ^€vir<moiov /3a<^ff fttraXofAfiapti p^- 

XrycTot, Kol dfjonnfroit yvxaU, rois dims vifHurfiat oth-t dvatobias fj rov 

ayumnHs 4avTovf iTrwurayovai, ical ivapriov rh Trkrja'tatrai, oUrt potrtpd 

wpibf S(uH y€pitr&iu irpoattvcu, rocr Ic- tis ovrmt euKoKns dpaxt^Toi tls rhv 

poiSf ftenarouwrrai rov Priftaros' GKU atpa, Koi bia rw dtpot 6/uXfi rois 

ptnmi TC Kot &6ovrr<u n«p\ rrjp ayiay {w)is drfiis, o d^ Xocft^r tfari re kcu 

namCav, Aamp ovk dptrffs rvirop, 6vofjt6{tTtu, w (fnKfi rdxifrra rrjs rov 

oXX* Jkpopfiifif 0iov rfjv rd(iu ravrriv trpotor&rot KOKias duanifivKaa^ai r6 

9&ftu mpiCotrns, ovdc Xtirovpylav vti^koov, koI froXXf yt p^op, fj rov 

vmvBwo^f dXX* dpxj^ qyt^traarov. tvtnrriov, rrjs opcr^r. 1 



198 Life atid canversatum VI 

tho |)CopIc ; that it might not be proverbially said of thcin, 
that they set about curing others, while they themsolyes were 
full of sores and ulcers.' Nor were they to draw this image of 
virtue slightly and to a faint degree, but accurately and to the 
highest perfection ; since nothing less than such degrees and 
measures of virtue was expected by God from the rulers and 
governors of his people : and then there would be hopes, that 
such heights and eminencies would draw the multitude at least 
to a mediocrity in virtue, and allure them to embrace that vo- 
luntarily by gentle persuasions, which they would not be 
brought to so effectually and lastingly by force and compulsion. 
He urges further ^^ the necessity of such a purity from the 
consideration of the sacredness and majesty of the function 
itself. 'A minister's ofKce sets him in the same rank and order 
with angels themselves; he celebrates God with archangels; 
transmits the Church's sacrifices to the altar in heaven, and 
performs the priest's office with Christ himself; he reforms the 
work of God's hands, and presents the image to liis Maker ; his 
workniansliip is for the world above ; and therefore he should 
be exalted to a divine and heavenly nature, whose business is 
to be as a god himself, and make others gods also.' St. Chry- 
sostom*^^ makes use of the same argument: * that the priest- 
hood, though it be exercised upon earth, is occupied wholly 
about heavenly things; that it is the ministry of angels put 
by the llolv Ghost into the hands of mortal men; and there- 
fore a priest ought to be pure and holy, as being ]>laced in 
heaven itself, in tho uiidst of those heavenly powers.' He 
presses likewise *" the danger and prevalency of a bad example : 

•"^ I hid. (p. 31 b.) Tis 6 irXdrrc^v, "kos, oifK aXXrj tis ktiot^ hvvafus' aXX* 

KaBimtp axfdrjfjL€pov tovs TnjXivovSy rov airrbs 6 IlapaieXfjror ravnjv dtfrdforo 

T^s dXrjBeias trpocrrdrqVi top fji€Ta rrfv aKoXovBlav, Kot crt fifvotrras cV 

uyyt\(ov (TTTja-ufifvou^ /cat fifTO. "px^V" (rapKi ttju tS>p dyylKtav cVrewre f^vrd- 

ytXtav So^dcropTa^ Koi tnl to nvio 6v~ ^€cr$ai 8iaKoviav, di6 XP^ tvv i(p<a/i€'- 

fTiaari]piov dvanfyL^ovra ras Ovaiai, vov, aainp iv avrois tfrrSma rois ov- 

Kai XpKTTo) avvupfViTOvra, rov dvu' pavois pera^v rSiv Bvvdpeav cVccmuv, 

7r\d(TOirra t6 irXuapa, Ka\ napacrrrj' ovt<i>9 tivm KoBapdv, 
arovra Ttjv Ci/cuva, koi t^ avta K6ap<a "^^ Ibid.l.3. c. I4.(p.390d.)nc^vic€ 

dtjpiovpyrjO'opTa, #ca(, to puCov flir€w, yop, ins ra iroXXa, t6 tS>v dp^opivrnv 

Biov €(r6p€vop Koi 6€07roLri<rovTa. 7r\^BoSi&airfpelsdpx(Tvn6vTiva€lK6- 

•*^' l)e Sacerd. I.3. c.4. (t. i . p. 382 b.) va,To\fs rS>» dpxovT<av rponroviopqVfKuX 

*\\ yap Up<o(Tvvri rcXctrai p^v eiri r^f irpoi iKtivovs t^opoiovv cavrovr. ira>s 

yrjij Ta^iv ^€ (trovpavioiv (\€i vpaypd- ovv tiv ti9 rat iKflv<av irava-dt <^Xe- 

r<av' KiH paha yt fiKorox' ov yap «v- yp^vhi, olbcdvfov axndi', rls d* h» rir*- 

BpQjnoi, ovK ayytXos, ovic dp)(dyy(' $vpri<r€i€ ra;(f a»r tw iroXXwv ytyd<r&ai 



of the primitive clergy. 1 99 

'Subjects commonly form their manners by the pattern of 
Aeir princes. How then should a proud man be able to 
BBBuage the swelling tumours of others f or an angry ruler 
hope to make his people in love with moderation and meekness f 
Bbbops are exposed, like combatants in the ^eatre, to the 
view and obaerration of all men ; and their faults, though never 
80 small, cannot he hid ; and therefore, as their virtuous ac- 
tions profit many by provoking them to the hke zeal, so their 
vices will render others unfit to attempt or prosecute any 
thing that is noble and good. For which reason their souls 
onght to shine all over with the purest brightness, that they 
may both enlighten and exstimulate the souls of others, who 
have their eyes upon them. A pnest should arm himself all 
over with purity of life, as with adamantine armour ; for if he 
leave any part naked and unguarded, he is surrounded both 
with open enemies and pretended friends, who will be ready to 
wound and supplant him. So long as his life is all of a piece, 
be needs not fear their assaults ; but if he he overseen in a 
&ult, though but a small one, it will be laid hold of and im- 
proved to the prejudice of all his former virtues. For all men 
are most severe judges in his case, and treat him not with any 
allowance for being encompassed with flesh, or as having an 
human nature ; but expect he should be an angel, and &ee 
from all infirmities.' ' He caimot, indeed,' as the same Father 
argues in another place*', ' with any tolerable decency and 

fttrpKic, ri* Sajfovra ipytXev 6pmi; /uAijfMMr, rXi)^ K/upUw nXtfy^r" 

tA y6p iarar miK iari iuvnTip, t& iw irdiTir yap wtpirtrr^Kam, Tpwrai t- 

bpniv KpvTrTtirSai Anrrupmi' aXXd niipH (ai Ka-niffaXtlv, oi ruv ixOpSar 

Kal rd fUKfih mviMr (araJijXa yuit- fufvov cui iroXifiiaw, oXXa Ktu avrSiv 

TV'. , . . &<nnp <Av avrav rh Korop- froXXol rut' frpwnrotoi/^'roiv ibikiav. 

SA/iara voXXoic iyri<Tt, vpit tAv utcv .... lur pir ydp iii tnuTaj^ttoo' igp- 

wapaKtAovrra {JjKof ovra ita} ri /lariuvot ^ koXuv 6 Tov Irpias ^u>r, 

wA^ji/uXi^jiirra p^Bvptrripovs Kariirrrj- dmXtuTOf yiP€Ttu raif cfnjSovXaif ' av 

<rf wtpX ripi rnt dprr^t ipyaaiar' *al it rijfji puip6v n naptSiai, .... oiiiv 

PttUKtitiM irpis Toit Smtp ran oirov- avry tSoi Xomay KarapSapaTtiv S<j)t- 

flafiw napaaKnaan irrinniE. dii yp^ Xoc, rrp&i ri ivyi)6tjvai ji r&r kot^- 

w6wra6m alrrov tou KaXXor diroirnX- yopny trriitora iia<pvytiy oXX' art' 

ff€ur T^t 'frvmt' (w ml (^painu- t^Kta^ii irovri rf Xoin-f ri pucpiv 

S)ta ul ^wri^cu- Sivrjnu ric ruv tKiino napAnrutpa' ml o^ iit aopKa 

^i » rt m 'frvxat t<i riv Upia Ka- wpiKniunf, oiSi ai^pamtiaii XaxArri 

Mnp mw iiauarrlroit StAms iri- i^ucriv' uXX' at ayy*\if, ml rijs Aoi- 

^pij(6iu ■■uiuMV' rg Tt irvyT6iKf viis aaStytlas a.iri)X^aypiv^, k.t.X. 
owouBg, Kol rS iaptial wipi Tin fflor *^ Ibid. I. 5. c. p. (p. 416 c.) &a\ 

vfi^xi, mbman avpurnnrowra, pr/ yip St ay avris ajmikrprm &racri 

vav rtt yvp^ ivptW nfirov ml irapi)- yiii^Tai, rdrt ivi^amu /uff Svip 



r 



800 



Life and canvet^scUion 



freedom discharge his office in punishing and reproving othe 
unless he himself be blameless and without rebuke.' 'T 
priest's office is a more difficult province ^'^ than that of leadu 
an army, or governing a kingdom, and requires an angeli< 
virtue. His soul ought to be purer than the rays of the sii 
that the Holy Spirit may never leave him desolate ; but th 
he may be always able to say, " I live, yet not I, but Chri 
that liveth in me.'" He there ^ goes on to draw the compai 
son at large between the clerical and the monastic life, ai 
shews how much more difficult it is to take care of a multitut 
of men immersed in secular business, than of a single persi 
that lives retired and free &om temptation. And upon tl 
whole matter he concludes ^^, ' that as God requires great 
purity in those that serve at his altar, so he will exact a mo 
ample account of them, and more severely punish their ( 
fences.* By these and many other such like arguments d 
those holy fathers try to raise both in themselves and others 
just sense of that universal purity, which becomes the sacr< 
function. 

2. And to the strength of these arguments the Chm'ch add< 
the authority of her sanctions, inflicting severer penalties up 
^"■* offending clergymen than any others. For whereas all oth 
any others, offenders were allowed by the benefit of public penance 
regain the privileges of their order, this favour was coi 
monly denied by the Church to such of her sons among tl 
clergy as were notorious for any scandalous crimes, wherel 
they became a reproach to their profession. For such deli 
quents were usually deposed from their office, and sometim 
excommunicated also, and obliged to do penance among tl 
laymen; but with this difference, that though repentan< 
would restore them to the peace of the Church, yet it wou 
not qualify them to act in their office and station again ; b 



Church- 
oenfliires 
more sererc 



/SovXcroi t^ovalas, Koi KoKdCtip, koi 
dvuvcu Tovs tm avr^ roTTOfUvovs 
Hiravras, 

^ Ibid. 1. 6. c. I. sub fin. (p. 
432 a.) Ovyap vntp arparrjyias, ovoi 
VTTcp /Sao-tXciar rffiip 6 \&yos, aXX' 
imip rrpayfiaros dyycXut^r dpnijs deo- 
pAvov' KCLi yhp tS>v catrimov avrSiV 
K€iBaptaT€pav r^ Upti n^y ^x4^ ctvoi 
M* Iva p^bi 7roT€ [al, /ii7»roTf] Jpiy- 



fiov avrbv Kordkipirdinf to Ilvtvpa 
Syiov, ic. r. X. 

^ Ibid. 3. tot. (pp. 432, 42^ 
Kat iroXXol ra irpdrtpa €K(f>vy6tm 
K. r. X. 

44 Ibid. cc. 10, II. (p. 430 
C.) . . . . MrrA dc tA be^trBcu t 
dpy^v, ov diirk^v pdvov koi rpitrki 
[sell, rip^v] aXKa koi iroXXoirXao'/oi 
K, r. X. 



of' thij nriinitii'i' chrqn. 5201 

tlioy l^ll>^t i>e (Mnitcnt tluMicciui'th to ('oininimH'atc (Hilv as lav- 
men. Some canons indeed did not oblige tliem to do public 
penance in the Church, because they thought it punishment 
enough to degrade them ; others required them to submit to 
that part of discipline also. But still the result and conse- 
quence of both was the same, that such persons for ever after 
were only to be treated in the quality of laymen. Those called 
the Apostolical Canons are sometimes for the former way ; for 
pne-*^ of them says, ' If a bishop, presbyter, or deacon is taken 
in fornication, perjury, or theft, he shall be deposed, but not 
excommunicated ; for the Scripture saith, '' Thou shalt not 
punish twice for the same crime."' I do not now stand to 
inquire, whether there be any such Scripture as these canons 
refer to, but only observe what was the practice of the Greek 
Church when these canons were made; which is also taken 
notice of in St. BasiFs Canons ^^, and those of Peter of Alexan- 
dria^7y and some others, which shew it to have been the cus- 
tomary practice of their Churches. Yet for simony*® and 
some other crimes ^^, the same Apostolical Canons order both 

^ C. 25. al. 34. (Cotel. [c. 18.] thi iv rj XtiTovpyla thfcUf k, r. X. — 

y. I. p. 440.) *Eir(crKOfroff, tj irp€a0v- — Ibid. (p. 964 a.) ApK€i yap avroig 

TtpoSf 4 didjcopoff, 6 [iwX] nopvfiq, fj ^ Koivtwia fur eiriarajiTtm Koi oKpi' 

iwiopxia, J) Kkonj dXow, Ka6aip€i(r6», $€iag npbs apif)6Ttpov ytpofUmjs, xal 

col fu) e^f>opiC€<r&»* Xryci yiip n ypa- Tva fi^ dS^a-i Xvrrcccr&ai fitrii fiias 

fftij, O^K Acdue^fTfir d\s iirl r6 avr6, ir€pijbpatnr6ptvoi r^r tvrtvBtv cmiXv- 

^ £p. CSanon. c. 3. (CC. t. a. crcttr, kolX tva firj rivts €K7r€tr6vT€s, 

p. l'J20 e.) Amkopos, p/trh r^ ^umko- npoaftHtrilwrrm w bia t^v d(f>opfi^v 

p(aw woptf€V(rat, 6!ir60kffTos ftiv rfjg Trjg hnripias xmtKktkvjUvoi. 
huaKodasttmu' tls dc t6v t&¥ Xaucw ^ C. 29. al. 28. (Cotel. [c. 22.] 

Ar i w itft lg t6wop, T7J£ Koiiwvias ovic v. i. p. 441.) Ei ris ciriVicoiroff dta 

Mlpxl^nff^rai. — Ibid. C. 32. (p. 17406.) •)(piripamv r^ff a^las rovri^r cyirpar^ff 

02 n^ irpht B&paroif eLfiaprUuf ofjiop- y^mfTai, ^ vrpc (r/3mpor, fj dioKovos, 

r 6j n 9T9 t KkqpucoX rov paBfAOV piv KoBaipflo'da koX avrhs, xai 6 ;(ctporo- 

KorAyomt, rijs Koufwlag dc tw Xm- vfiaas, Koi iKKtmr€a6» navraiTcunv 

Kmw o&c i(tlpyovTai' od y^ iitltUia^aw rjjs Kottnopias, &s 2lpwv 6 payos 

dif M t6 avT6, — Ibia. c. <i. (p. mr6 tpov Ucrpov. 
1745 e.) T6 Korii Kkfipixaif adto^ ^ ^\?^' ^' ^9' (Cotel. [c. 23.] 

piormg ol Kaw6iP€s i^B^wrOf KdKtV' ibid.) Efrtr tirla-Kono$ Kotrpucois ap" 

amfns fudy M roit napairtirova'i xovvi xp^^^^^^^f ^** avrmv tyKpanls 

6pl(inrBai TtpMplap, rnv Hmrrtxriv rrjs yhnjrai tKK\r}aias, KoBaiptMa Koi 

vwrfptaiasy tin 99 fiaouj^ rvyxomuv, anPopt^ttrBa, Koi ol Kow»vovvTts avr^ 

€ht icai ax'ipoToin/T^ vwriptai^ wpoo'' n6yrts. — C. 51. al. 50. (Cotel. [c. 

KapT9p€lt€w. ^3*] ibid. p. 445.) £? ris rfrio-icoiror, 

^ C. 10. ap. Bever^. Pandect. $ irpttrfivrtpos, ^ bianovoi, ^ SKtas rov 

t. 3. part. I. p* 15 ®* (CC. t. I. KOToKAycv rov Uparucov, ydpov [al. 

p. 061 C.) . . • . OvK Iftrrw €ffkoyoy -yapmv,] koI Kp€&v, Koi oivov, ov dt* 

oMf Tovf 3w6 KkSfpav abropoKfia'apTas Mncrjaip aKK6. bta jSdcXvpuiy, cnrc;^crai, 

iianwrrnKdras re Kal opairakcdcrain'aSf iirika»0av6ptpos [al. iniKaiS6ptvo£^ 



i 



90S 



Lift and conversation 



'What 



deposition and excommunication. And also for one and 
8ame crime, in the time of Cyprian, as appears from 
Epistle to Cornelius^, where, speaking of Novatus who i 
guilty of murder in causing his own wife by a blow to n 
carry, he says, ' for this crime he was not only to be degrac 
or expelled the presbytery, but to be deprived of the co 
munion of the Church also.' From whence we may collect 1 
severity of the ancient canons against such crimes of the cler 
in general, as were committed to the flagrant scandal of 1 
Church. 

3. Hence also we may observe in particular, what sort 

nblied with crimes were thought worthy to be punished with degradati 

2^"^ namely, such as theft, murder, perjury, fraud, sacrilege, foi 

tli^miir- cation, and adultery, and such like gross and scandalous 

^S ^ fences. For in tliis case they distinguished between peccai 

and crimen, little faults and crimes of a more heinous nati 

For St. Austin ^1 observes: *It was not all manner of failii 

that hindered men's ordination at first ; for if the Apostle 1 

required, as a qualification in persons to be ordained, that tl 

should be without sin, all men must have been rejected, s 

none ordained, since no man lives without sin ; but he only 

quires that they should bo blameless in respect to criminal i 

scandalous offences.' And this was the rule the Church i 

served in canvassing the lives of her clergy aflcr ordinati 

when they were actually engaged in her service. It was i 

every lesser failing or infirmity that was punished with i 

gradation; but only crimes of a deeper dye, such as tlw 

murder, fraud, perjury, sacrilege, fornication and adulte 

Concerning the last of which there are these two tilings furtl 

observable in some of the ancient canons. First, that if s 



oTi navra Ktika Xlav, Koi on apa'€V 
Koi O^Xv iiroifitrtv 6 6t6s r6v at/6pc»' 
mVf oKXa ^XcunbrjyiSiv dta3aXXct r^v 
^fuovpyiavj ^ oiopOovaBa, ^ KaBai" 
ptiaSd), Kol r^r eicicXi/o'tar mroftak- 
Xcor^o)* axravroDr Koi Xcukos. 

«> Ep. 49. [al. 52.) p. 97. (pp. 
238, 239.) Propter hoc se non de 
presbyterio excitari tantum, Bed et 
communicatione prohiberi, pro certo 
tenebat, &c. 

^1 Tract. 41. in Joan, t 9. p. ia6. 



(t. 3. part. 2. p. 575 a.) . . . . Ide< 
Apostolus Paulus, quando eleffit 
dinandos vel presbyteros vdi < 
conos, et c^uicunque ordinandus 
ad prseposituram ecdesias, non 
Si quis sine peccato est; hoc ei 
si diceret, omnis homo reprobaret 
nullus ordinaretur ; sed ait. Si q 
sine crimine est, sicut est homi 
dium, adulterium, aliqua imman 
tia fomicationis, fiirtum, fraus, 
crilegium, et castera hujuamodi. 



of t/«€ primitive clergy. ft03 

dergynuui's wife was conyicted of adultery, be himself was 
obliged to sbew bis resentment and detestation of the fact by 
putting her away, under pain of deposition if he continued to 
lire with her. For so the Council of Neo-Caesarea*^ words it ; 
* A man, whose wife is evidently convicted of adultery while he 
is a layman, shall not be ordained ; but if she commit adultery 
after his ordination, he ought to put her away ; and, if he co- 
habit with her, he may not retain her and his ministry toge- 
ther.' The Ck)uncil of Eliberis^-^ is still more severe in this 
case, denying communion to such persons even at their last 
hour, who retained wives guilty of adultery ; — * because,' says 
the canon, ' they, who ought to be examples of good conversa- 
tion to others, do by this means teach others the way to sin.' 
Secondly, the other thing to be observed is, that if a bishop 
neglected to inflict the censures of the Church upon any of liis 
clergy, who were guilty of fornication, he made himself liable 
to be deposed. As Socrates ^* observes, the Arians tlicmsclves 
deposed Macedonius, bishop of Constantinople, for this reason 
among others, ' that he had admitted a deacon to conmiunion 
who had been taken in fornication.' 

4. Another crime^ which brought many clerks under this Also lapi 
kind of ecclesiastical censure, was that of lapsing in time of^^^ "* ™ 
persecution. In wliich case repentance was allowed to restore cution. 
them to the peace of the Church as laymen if they pleased, but 
not to officiate or communicate as ecclesiastics any longer. 
Thus Tropliimus was treated in the time of Cornelius and 
Cyprian ^^ ; he was admitted to communicate as a layman, but 
not to retain his office of priesthood. And this Cyprian ^^ says 

w C.8. (t. I. p. X481 d.J VwfiTiyos M L. 3. c. 42. (v. 2. p. 158. 3.) 

fUHXfvBwiaa \<ukov HvroSf tiof fktyx^ KaOcupoviri vpSarov fup Mtuctlidpiov, 

<ba»€p&s, 6 ToiovTos tig vntipfO'Uuf kqI as alriov voXkav (frnvav ycv<$fi€- 

tkBtiP ov dwareu' *Eiuf dc xat ftcrck yoy, Koi Sri diaxovov ciri iropvti^ a« 

n^ Xftpormnaaf fioixtvBj, 6<f>€iX«i \6vTa cdc^ro tis Kotvaviav, 

mrokwnu. alrn^v' ik» dc trvQ, ov dv- ^ £p. 53. [al. 55.] ad Antonian. 

Mirai c^'crdlat r^r ryxtipurBtiaris avr^ p. 106. (p. 344.) Sic tamen admissus 

Mrnpffotar. est Trophimus, lit laicus communi- 

^ C. 65. (ibid. p. 977 d.) Si cujus cet . . . . non quasi locum sacerdotis 

derid uxor fiierit moechata, et sciat usurpet. 

earn maritus suus mcechari, et earn ^ £p. 68. [al. 67.] ad Pleb. His- 

non statim projecerit, nee in fine pan. p. 174. (p. 390.) Frustra 

aecipiat comxnunionem : ne ab his tales episcopatum sibi usurpare co- 

qui exemplum bonse conversationis nantur, cum manifestum sit, ejus- 

Mw debent, [ab eis] videantur see- modi homines nee ecclesiae Cbristi 

lenim magisteria procedere. posse praeesse, nee Deo sacrificia 



«)4 



Life and convermtion 



was then the rule at Rome and over all the world, if bishopc 
any other lapsed in time of persecution, 'to admit them to 
penance in the Church, but withal to remove them from 
function of the clergy and honour of the priesthood.' As 
African Synod, in whose name he writes to the Span 
Churches, determined in the case of Basilides and Martial, 1 
Spanish bishops, who, when they had lapsed, thought to q 
lify themselves by repentance to retain their bishoprics ; * 1 
this,' he tells them, ' was contrary to the rule and practice 
the Universal Church.' lie repeats this in several other E 
sties "^S where he has occasion to speak of persons in the sa 
unhappy circumstances with them. We find the same ordei 
the Canons of Peter *^, bishop of Alexandria, and the fi 
Council of Aries *^, where not only such as fell by sacrificing 
open deni?)l of their faith, but also all traditors are included 
the number of lapsers, that is, all such as either gave up tL 
Bibles, or the holy vessels of the Church, or the names of tt 
brethren to the persecutors ; and all such, who were of 1 
clergy, arc for ever excluded from the exercise and benefit 
their order and function. Such wiis the discipline of 1 
ancient Church in reference to those guides, who set tli 
people an ill example by their apostasy in time of persecutic 
it was not thought fit to trust them to be guides and lead 
for the future. Though I do not deny, but that some i 
ceptions may be found to this general rule, either when 1 



ofierre debere. Maxime cum jam 
pridem nobiscum et cum omnibus 
episcopis in toto mundo constitutis, 
etiam Cornelius collega noster, sa- 
cerdos pacificus et Justus, et mar- 
tyrii quooue dignatione Domini ho- 
noratus, oecreverit, ejusmodi homi- 
nes ad pcenitentiam auidem agen- 
dam posse admitti ; ab ordinatione 
autem cleri atque sacerdotali honore 
prohiberi. 

*' Kp* 55- [al- 5?-] ad Cornel, 
p. 133. (p. 264.) Hi quinque cum 
paucis vel sacrificatis, vel male sibi 
consciis, Fortunatum sibi pseudoejii- 
scopum cooptarunt, ut criminibus 
in unum convenientibus talis scilicet 
esse rector, quales illi (|ui reguntur. 
— Ep.64.[al.65.]adEpictet.(p.282.) 
Graviter et dolenter motus sum, . . . 



QUod cognoverim,Fortunatumqu( 
dam [al. Fortunatianum quondi 
apud vos episcopum, ]30st gra\ 
lapsum ruinse suae, pro integro ni 
af^ere velle, et episcopatum sibi \ 
dicare coepisse; quse res contrii 
vit me, &c. 

^^ £p. Canon, c. 10. ap. Be\'ei 
Pandect, t. 2. part. i. p. 15 f. (( 
t. I. p. 961 e.) "Ore dc (wraurav 
hv n€pn€p€v<rdfi€voi koi covrovr / 
fiTj(rdfi€voi, oifK rrt Bvvayrai Xciro 
y€iv, 

W C. 13. (t. I. p. 1428 d.) De 1 
qui Scripturas Sanctas tradidisse 
cuntur, vel vasa dominica, vel 1 
mina fratrum suorum, placuit no) 
ut quicunque eorum ex actis pul 
cis merit detectus, non verbis nut 
ab ordine cleri amoveatur. 



of tJii' in'itnitii't' i'lcniif. 205 

di>iM[irnie of tin* Chiircli was not ^<> >trirt. ni- wlicu it wa-> 
otherwise found more for the beuelit of the Churcli to restore 
lapsers to their honours, than to degrade and remove them 
wholly from them. For I have noted before, that both lapsers 
and heretics and schismatics were sometimes more favourably 
treated, when the Church thought she might find her account 
in shewing favour to them. 

5. But to proceed with the laws of the Church relating to And driu 
other misdemeanours. As the life of a clergyman was a con- gsLing. 
tinual attendance upon the altar, and constantly to be employed 
in the exercise of divine and heavenly things ; so upon that ac- 
count the utmost sobriety was required of him, together with a 
strict care to spend his time aright, and lay it out usefully ; so 
as might best answer the ends of his caUing, and those spiritual 
employments he was daily to be engaged in. And for this 
reason drinking and gaming, those two great consumers of 
time, and enemies of all noble undertakings and generous ser- 
vices, were strictly prohibited the clergy under the same pe- 
nalty of deprivation. For so the Apostolical Canons word it^: 
' A bishop, presbyter, or deacon, that spends time in drinking 
or playing at dice, shall either reform or be deposed.' Where 
we may observe this diflFerence between this and the former 
laws, that it does not make every single act of these crimes 
ipso facto deprivation, but only continuance therein without 
reforming. And by Justinian's law ^^ the penalty for playing 
at tables is changed from deprivation to a triennial suspension, 
and intrusion into a monastery for the performance of repent- 
ance. Some perhaps will wonder at the severity of these laws 
in prohibiting the exercise of tables under such a penalty ; but 
their wonder will cease, when they are told, that it was equally 
prohibited to the laity under pain of excommimication. For 
the Council of Ehberis^^ orders, 'that a Christian playing at 

•> C. 42. [al. 41.] (Cotel. [c. 35.] fieri . . .Si quis autem ex his hoc de- 

V. I. p. 443O 'Eir/cTicofroff, tj n-pccr/Sv- liquerit, jubemus hunc in tribus 

Tfffwr, 9 ^i^tKoipoiy Jtv^otff vxoka(<u>v annis a venerabili miDisteiio prohi- 

KoijuBais, fj wautritrBn tj KaOmptiirBm. beri et in monasterium redi^. 

«» Novel 133. c. 10. (t. 5. p. 545.) ^ C. 79 (t. I. p. 979 a.) Si quia ^'' 

Interdidmua autem sanctissimis delia alea, id est, tabula lu8erit[num- 

epiBComs, presbyteris, et diaconis, mos,] placuit earn abstinere : et si 

.... ad tabulaa ladere, aut aliis lu- emendatus cessaverit, potent post 

dentibus participes aut inspectatores annum communione reconciliari. 



of the primitive clergy, 9S1 

ehj, and upon that score so strictly prohibited to the clergy, this crime 

who were rather to study to excel in the practice of the{nto. 

contrary virtues, cliarity, mercifulness, and contempt of the 

world and all filthy lucre. The laws condemning this vice are 

too many to be here transcribed : it will be sufficient to repeat 

the canon of the Council of Nice^^, which contains the sum, and 

speaks the sense of all the rest. Now the words of that canon 

are these : '' Forasmuch as many clerks, following covetous- 

Qess and filthy lucre, and forgetting the Holy Scriptures^ 

which speak of the righteous man '' as one that hath not given 

his money upon usury," have let forth their money upon 

UBuryy and taken the usual monthly increase ; it seemed good 

to this great and holy synod, that if any one after this decree 

Bhall be found to take usury, or demand the principal with half 

the increase of the whole, or shall invent any other such 

methods for filthy lucre's sake, he shall be degraded from his 

«rder, and have lus name struck out of the roll of the Church.' 

The reader will find the same practice censured by those called 

the Apostohcal Canons^, the Council of EUberis^r, the first 

and second of Arles^®, the first and third of Carthage^^, the 

Councils of Laodicea^o and Trullo^i, not to mention private 

•• C. 17. (t. 2. p. 37 a.) 'Ew«5i7 a communione abstineri. — Arelat. a. 

noKk.oiyivr^Ka96vi i^ad&iitvoi, r^v c. 14. (t. 4. p. loi^ a.) Si quia cle- 

irXcoM^toy mU n^ir alaxpoKtpikiap ricus pecuniam deaerit ad usuram, 

IkMcowTtSf ifrtXaBotm) TcvfftUw ypdfj^ aut conductor aliense rei volueiit 

fiaroff Xiymtrof, T^ dpyvpiov avroO esse, aut tnrpis lucri gratia aliquod 

OMC I^Ktp ffB-i t6k^' fcoi davfiCovTfs negotiationis exercuerit, depositus a 

iKaroaras mratTovo'Uf' cdcKauiMrcy ^ communione alienus fiat. 
ayia koX fuyaXij frvtfo^ot, ms u ris ^ Carth. i. c. 13. (t. 2. p. 717 ^O 

9vp€6ti7i fterii t6v Bpov tovtov t6kovs Abundantius episcopus Adrumeti- 

\anfimi» €K fUTaxtipia-fCK, $ Skkcus nus dixit : In nostra concilio statu- 

lUTtpx^fAfvog t6 vpayiia, ^ rifiioXias turn est, ut non liceat clericis fcene- 

aatuTMy, fj oXwr crrpdv n inivo&v rare. — Carth. 3. c. 16. (ibid. p. 1169 ' 

aUrxpov Ktplhvt €V€Ka, KaBaiptSriat' e.) Ut nullus clericorum ampl'nis 

Ttu Tov xkripov, Ka\ aXX&rptos rov recipiat, quam cuiquam accommo- 

Kmf6tn9 farm, daverit: si pecuniam accipiat, spe- 

^ C. 44. [al. 43.] (Cotel. [c. 36.] ciem eamdem^ quantam dederit, ac- 

V. I. p. 444.) *Etriaxorros, fj irpta^- cipiat: et quidquid aliud, tantum, 

rrpor, J) dccUeoyoff, r6Kovs dtroircDv rovs quantum dederit, accipiat. 
iapttiCofUwovs, fj fravtrdtrOa, tj koBcu" ^^ C. 4. (t. I. p. 1496 d.) Htpl rov, 

pfUr&»» fi7 deiv IfpariKoifs davft^ccv, Kal r($« 

^ C. 20. (t, I . p. 973 a.) Si quia kovs, xal rag Xtyofitvas ^fuoXtar Xo/a- 

clericorum aetectus tuerit usuras fiavtiv. 

accipere, placuit eum degradari, et 7i c. 10. (t. 6. p. 1146 e.) 'Eiri- 

abstineri. aKtmos, fj irptafimpos, fj dtdicoior, 

^Arelat. I.e. 12. (ibid. p. 1428c.) t6k(ws fj ras Xtyop^vas iKonHrrhf 

De minlstris, qui foenerant, placuit Xaft3ay»y, fj rraxMrAaBn, fj Ka&ai' 

eoe jozta formam dinnitus datam p€i<r6w. 



SOS 



L%fe aiui conversation 



VI 



writers, Cyprian'^, Sidonius Apollinaris 7), St. Jerom?*, and 
many othei*s. Nor nceil this seem strange to any one, that 
usury sliould be so generally condemned in the clergy, since it 
is apparent, tliat the practice of it was no less disallowed in the 
laity ; for the first Council of Carthage'^ condemns it in them 
both, but only makes it a more aggravating crime in the 
clergy. The Council of EliberLs also 76, that orders clergymen 
to be degraded for it, makes it an high misdemeanour in lay- 
men ; which, if they persisted in the practice of it after admo* 
nition, was to be punished with excommunication. We 
here, therefore, in the next place to inquire into the nature o 
this practice, and the grounds and reasons upon wliich it 
so generally condemned both in clergymen and laymen. 

As to the nature of the thing, we are to observe, that among^ 
the ancient Romans there were several sorts or degrees of usury. - 
Fii*st, the most common was that which they called centesimcB; 
the Council of Nice" calls it kKarocrraC; and the Council of 
TruUo"** uses the siimo word, which signifies the hundredth 
fHirt of the i)rincipal paid every month, and answers to twelve 
in the hundred by the year. For the Romans received usury 
by the month, that is, at the kalends or first day of every 
month. Whence St. Basil '^ calls the months * the parents of 



73 De LapsiH, p. 124. See ch. i. 
6. 3. p. 195, latter part of n. 31. 

^3 L. I. Ep. 8. (p. 59.) In qua pa- 
lude indesinenter rerum omnium 
lege perversa, muri cadunt, aquae 
slant: turres fluunt, naves sedent: 
legri deambulant, medici jacent: 
algent balnea, domicilia conflagrant : 
Ritiunt vivi, natant sepulti : viffilant 
fures, dormiunt potestates : foene- 
rantur clerici, Syri psallunt : nego- 
tiatores militant, mihtes negotiantur, 

7-* In Ezek. 18, 17. (t. 5. p. 210 a.) 
In Uehraico cunctarum specierum 
i*ensuraprohibetur: in LXa tantum 
i)«H*unia. Jiixta quod et in 14 
iHuilmo scriptum est: Qui pecu- 
niam sttam non dedit ad usuram, 
Kj mioinodo dicitur : Fratri tuo 
MOM hrnrrabis, aUeno autem feme- 
imAw. Set! vide profectum. In 
luuu'ipio In'gia a fratribus tantum 
liviiUh toUitur : in Prophetis ab om- 
uibuk UHurM proliibetur, dicente E- 



zechiele : Pecuniam guam non dedit 
in usuram, Porro in Evangelio vir- 
tuds argumentum est prsedpiente 
Domino: Fceneramini hts, a quibut 
non speratis recipere, 

^^ C. 13. (t. I. p. 718 a.) Quod in 
laicis reprebenditur, id multo magis 
in clericis oportet praedamnari. 

^^ C. 20. (ibid. p. 973 a.) Si quia 
etiam laicus accepisse probator usu- 

ras si in ea iniquitate duraverit, 

ab ecclesia sciat se esse projiciendum. 
— Vid. Chrysost. Hom.50. in Matth. 
(t. 7. pp. 573 c. seqq.) Aih yap tovto 
XprifUiTa (X^iSf ic. t. X. 

77 C. 17. See n. 65, preceding. 

78 C. 10. See n. 71, preceding. — 
Chrysost. Hom. 56. in Matth. (t. 7. 
p. 573 d.) Otros pokis iKOToarijv 
oTTooidoixnv. — rConf. Hom. 5. [Ed. 
Savil. 2. Benea. 7.] de Poenitent. 1. 1. 
p. 686. (t. 2. p. 337 d.) 'Eweid^ fc^ir 
old€v ap. SavilJ ^/u^v r^v ytXcovc- 
)iap, K. T. X. Ed.j 

7» In Ps, 14. t. 3. p. 137. (t. 1. 



o/t/u nrnnitirr i'hrqii. 

K A t * 



U0\) 



ii^iirv.* And St. Ani])n)>('''' >av>/ tlic (i recks ii;;i\(' iimii-n t lie naiiic 

of TOKOi upon this account, because the kalends bruKj forth one 

in the hundred, and every month begets new usury.' And hence, 

as the poet^^ acquaints us, it became a proverb among the 

RomaDS to say, ' a man trembles like a debtor when the kalends 

are coming ;' because that was the time of paying interest. Now 

this sort of usury is generally proscribed by the laws of the 

Churchy because it was esteemed great oppression. Though 

the civil law allowed the practice of it; for Constantino, 

^umo 325, the same year that the Council of Nice was held, 

published a law^^, stating the rules and measures of usury, 

irherein the creditor is allowed to take this centesimal usiu-y, 

or one in the hundred every month, and no more. For it 

seems the old Roman laws granted a greater liberty before this 

s^gulation of Constantine. Afterward a new regulation was 

snade, and it was only allowed in some certain cases ; as where 

'the creditor seemed to run some hazard, as appears from the 

laws of Justinian ®3, where he settles the business of interest 

^md usury in his Code. For in trajectitious contracts, as the 

law terms them, that is, when a creditor lent money, — suppose 

^it Rome, to receive interest for it only upon condition of the 

debtor's safe arrival with it at Constantinople; — because in 

that case the creditor ran a great hazard, he was allowed to 

Teceive a centesimal interest upon that account. Secondly, 

soother sort of usury was that which the canons call fifuoKCai, 

or sescuplum, the whole and half as much more. St. Jerom^^ 



part. T. p. 154 e. 3.) . . . . 4o/3cirai 
TDvr fu/pat &g vSKwy irmpaf. 

^ De Tobia, c. 13. (t. i. p. 604 f. 
n. 43.) T6k€vs Graeci appellaverunt 
usuna, eo quod doiores partus ani- 
mm debitoria excitare videantur. 
Venhint kalends, parit sore cente- 
nmam. Veniunt mensea singuli, 
generantur uaune. 

^1 Horat. Serm. 1. 1. Sat. 3. vv. 86 
—88. (Edit. Gean. et Zeun.) 
OcBsti et fogia^ ut Ruaonem debi- 
tor ame? 
Qui, nisi, cam triatea misero ve- 

nere calendae, 
Mercectem ant nummoe unde unde 

extncat . • . . 
n Cod. Theod. 1. 3. tit. 33. de 

BDCGHAM , VOL. H. 



Usur. leg. I. (t. I. p. 330.) .... Pro 
pecunia ultra singulas centesimas 
creditor vetatur accipere. 

^ Cod. Justin. 1. 4. tit. 33. de 
Usur. leg. 36. (t. 4. p. q66.) In tra- 
jectitiis autem contractibus, vel spe- 
cierum foenori dationibus, usque ad 
centesimam tantummodo licere sti- 
pulari, nee earn excedere, licet vete- 
ribus legibus hoc erat concessum. 

*» In Ezek. 18. p. 537. (t. 5. 
p. 30 1 c.) Solent in agris frumenti 
et milii, vini et olei, csBterarumque 

specierum usurse exigi ; verbi 

ffratia, ut hyemis tempore demua 
decern modios, et in messe recipia- 
mua quindecim, hoc eat, amplius 
partem mediam. 



210 lAft and eanverMtion VLj 

takes notice of this kind of usury, and condemns it. ' For men,' j 
he says, * were used to exact usury for the loan of com, wine, 
oil, millet, and other fruits of the ground ; lending ten bushels 
in winter, on condition to receive fifteen in harvest, that is, the 
whole and half as much more. Which sort of usury, being a 
very grievous extortion and great oppression, is condemned, not 
only in the clergy by the Councils of Nice*^^ and Laodicea'^, 
under the name of ^/xioX£ai, but also in laymen by the law of 
Justinian ^s which allows notliing above centesimal interest to 
be taken by any person in any case whatsoever : though Jus^ 
tiniiin intimates, that formerly the laws allowed it: and it i^ 
evident from the law of Constantine, still extant in the Theo-^ 
dosian Code^**, which determined, * that if any creditor lent t^^ 
the indigent any fruits of the earth, whether wet or dry, h^^ 
might demand again the principal, and half as much more b^^ 
way of usury ; as if he lent two bushels, he might required 
three.' Thirdly, another sort of usury is called by the Civil -^ 
Law lyessis cenies^imce, wldch is two-thirds of centesimal inr 
terest, and the same as eight in the hundred. And this the 
law** 9 allowed masters of workhouses and other tradesmen to 
take in their negotiations with others. Fourthly, all other 
persons were only allowed to receive half the centesimal in- 
terest by the same law of Justuiian ^o, which is the same as six 
in the hundred ^^ Fifthly, persons of quality were bound to 
take no more but a third j)art of the centesimal, which is only 
four in the hundi'ed. Sixthly, interest upon interest was abso- 
lutely forl)iddcn by the Roman laws^a to all persons in any 

^ C. 17. See n. 65, preceding. in quocunque contractu] suam sti- 

^ C. 4. See n. 70, precedinff . pulationem moderari. 

87 Ubi 8ui)r. See n. 03, preceding. ^ Ibid. . . . Cae^teros autem omDes 

Conf. Novell. 32, 33, 34. (t. 5. pp. homines dimidiam tantummodo cen- 

335 > s^qq*) tesimse, usurarum nomine, posse sti- 

^ L. 2. tit. 33. De Usur. leg. i. pulari. 

(t. I. p. 230.) Quicunque fruges, ^^ [Vid. Suid. in voce f^jeror. 

aridas vel humidas, indigentibus (t. i. p. 1105 f. i.) 'E^cicror t6ko£, 6 

mutuas dederint, usurae nomine ter- eiri t6 Hktov K€(ba\aiov = a sixth part 

tiam partem superiluam consequan- of the whole. Ld.] 

tur : id est, ut si sumina crediti in ^ Cod. Justin, ut supr. (p. 966.) 

duobus modiis fuerit, tertium mo- Ideoque jubemus illustribus 

dium amplius consequantur. auidem personis, sive eas prsece- 

^ L. 4. tit. 32. de Usur. leg. 26. dentibus, minime licere ultra tertiam 

(t. 4. p. 966.) illos vero, qui ergaste- partem centesimae, usurarum nomi- 

riis ])r8esunt, vel aliquam licitam ne- ne, in quocumque contractu ulli vel 

gotiationem gerunt, usque ad bes- maximo stipulalri. 

sem centesimae, [usurarum nomine, ^ Ibid. leg. 38. (p. 968.) Ut 



of ih« primitive clergy. 211 

ase whatsoerer ; aa ia evident from an edict of Justinian's, 
rliich both mentions and confirmB the ancient proliibition of it 
tj the laws of the emperors that were before him. So that 
ereral of these kinds of uaury being prohibited to the iaity in 
^eral by the laws of the State, it was no wonder that they 
ihould be more sererely forbidden to the clergy by the laws of 
be Chnrcb. 

Then for the other sorts of usury, which the State allowed, 
be Church had two reasons for discouraging the practice of 
hem in the clergy, l^rst, because usury was most commonly 
ixacted of the poor, which the Church reckoned an oppression 
4 them, who were rather to be relieved by the charity of 
ending without usury, as the Gospel requires. Secondly, the 
lergy could not take usury of the rich and trading part of 
he world, but that must needs engage them in secular buBines.'^ 
md worldly concerns, more than the wisdom of the Church in 
hose times thought fit to allow. And this I take to be the 
me state of the case, and the sum of the reasons for prohibiting 
he clergy the practice of usury in the primitive Church. Usury 
ras generally a great oppression to the poor, as the ancient 
mters**, who speak gainst it, commonly complin. Or else it 
raa thought to argue and proceed from a covetous and worldly 
mnd, which made men forsake their proper employment, and 
letake themselves to other business which was beside their 
aDing, and could not then be followed without some reproach 
md dishonour to it. Therefore Cyprian '*, speaking of some 
uhope, who were the reproach of his age, in enumerating 
heir miscarriages, jouis all these things together ; ' that they, 
mHo modo lunne usunuiim a de- Matth. (t. 7. p. 573 a.) M^ roinr 

atoribuB eicigantur, et veteribus itftarnumviiiuSa rac aXXorpias rrvfi- 

inidein legibua conrtitutum fuerat, AopAr, iiiii tamjXnmfar tijv ^iXai~ 

td Hon peifectiHime cautum. Si Bpamiav. — Ibid. (a.). .'O nXut^f vu- 

mm mnraa in sortem redigere fu' iiov irXijpoi rov t^a6tv, akW Sitas eo- 

ni, COnceaBUm, et totius Bumins Xafn-ai' t mi ^jkIe 7cnii6fu6a, iitr 

imraB stipulaii; qiue differentia }ii\ dirooTu/ui' Toiis niinjTat imrpi- 

nt debitoribuB, a quibua revera jSoirfc, rai t^ xP"'? ■">' 'HI (■voyioia 

•nranim unine exigeoantur ? Hoc r/ra^g, ml a<Popfijj tit KamjXtlair 

■te erat non rebuB, Bed verbis tan- avaurxvyroii oirojifpiafitKii, — Basil. 

ommodo legem poneie. Quaprop- Horn, in Fa. t4. t. 3. [i- 131^. (t. i. 

R bac apoliBBiniB Icj^ definimuB, part. i. p. 153 b. i.) 'O yap tokoic 

alio modo licen cniquam UBura« iaurin inrtiBvrof KaTtunr^aas, k. t. X. 

ntUriti tempom vel futuri in sor- ^ De Lap&H, p. 114. (p. 88.) Epi- 

■I redigere, et eamm iterum uiu- Bcopi plurimi, &c. See cb. i. s. 3. 

M (tipituri. &c the last part of n. 31, preceding. 
M Tid. ChryBoat. Horn. 56. in 



212 lAft and canvm'saHan VI. 

who ought to have been examples and encouragera to the rest, 
had cast off the care of diyine service to manage secokr 
affairs ; and leaving their sees, and deserting their people, they 
rambled into other provinces to catch at business that would 
bring them in gain : meanwhile the poor brethren of the ; 
Church were suffered to starve without relief, whilst their 
minds were set upon hoarding up silver in abundance, and ! 
getting estates by fraudulent arts, and exercising usury to I 
augment their own treasures.' When usury was ordinarilj 
attended with such concomitants as these, it was no wonder 
it should be utterly proscribed by the holy Fathers of the 
Church. Besides St. Chrysostom ^ plainly intimates, * that is^ 
his time all senators and persons of quality were absolutely' 
forbidden to take usury by the laws of the commonweidtlL<«' 
And that consideration probably so much the more incline^^ 
the Fathers of the Church to forbid it to the clergy, lest the^^ 
should seem to be outdone by men of a secular life; and i^ 
miglit be objected to them, that the laws of the Church in thi^ 
respect were more remiss than the laws of the State, 
hehoa- 7. Indeed the necessities of the poor, and fatherless, and 
lllrgy. strangers, and widows in those early times were so impor- 
tunate and craving in every Church, that their revenues would 
seldom answer all their demands. * The Church,' as St. Austin 
says ^7, * had very rarely any thing to lay up in bank. And 
then it did not become a bishop to hoard up gold, and turn 
away the poor empty from him. They had daily so many poor 
petitioners, so many in distress and want continually applying 
to them, that they were forced to leave some in their sorrows, 
because they had not wherewith to relieve them all.' Now in 

w Horn. 56. in Matth. (t. 7. p. the centesimal interest : q. v. (t. i. 

574 b.) El 8c ^ouX€l Koi rovy t^to&tv pp. 236, 237.) Fnistra debitoree, 

vofio6(Tas fp^aSatf aKovarf, on jcdxci- &c. . . . Senatores sub medietatem 

vots TrJ£ cVxaTjff dvaiaxyvrias to centesimae, &C.. 

jrpay^a dely/xa ctvai dojcct* rovs yoCi^ **' Serin. 49. de Divers, [al. Serm. 

€v d^iwfia(riv ovras, koi (Is ttiv /xcya- 355.deVit.etMorib.Clericor. r.c.5.] 

\rjv TcXovvras /SouX^i', fjv avyiekriTov (t. 5. p. 1382 g.) Enthecam nobis ha- 

Kakovcriv, ov Oefus toiovtois Ktpbfviv bere non licet. Non enim est episco- 

Karma- xyvtfrOai' oKKa v6fios (<rr\p pi servare aurum, et revocare a se 

nap* avTois 6 ra roiavra arrayoptvtov mendicantis manum. Quotidie tam 

KcpSi;. — Honoriiis, anno 397, pub- multi petunt, tam multi gemunt, 

lished a law which implies the same; tam multi nos inopes interpellant; 

(Cod. Theod. 1. 2. tit. 33. de Usur. ut plures tristes relinquamas, quia 

leg. 3;) though by a following law, quod possimus dare omnibus non 

anno 405, he allowed senators half habemus. 



of tht primitii'e clergy. 213 

this case, where there was need of greater charities than they 
had funds or abilities to bestow, there could be no room for 
usury, but with great neglect and uncharitableness to the poor. 
And therefore, instead of lending upon usury, they were ob- 
liged to be exemplary in the practice of the contrary yirtues, 
hospitality and charity ; which the ancients *•» call lending upon 
divine usury, not to receive one in the hundred, but an hun- 
dred for one from the hands of God. * It was then one of the 
glories of a bishop,' St. Jerom tells us^*, ' to bo a provider for 
the poor ; but a disgrace to the holy function, to seek only to 
«nrich himself.' And therefore he ^ves this direction to Ne- 
potian, among other good rules, which ho prescribes him, 'that 
hia table should be free to the poor and strangers, that with 
them he might have Christ for hia gueat.' St. Chrysostom' 
Speaks nobly of his bishop Flavian upon the account of this 
virtue ; he says, * his house was always open to strangers, and 
nch as were forced to fly for the sake of religion ; where they 
were received and entert^ed with that freedom and humanity, 
that his house might as properly be called the house of strangers 
as the boose of FUvian. Yea, it was so much the more his 
own, for being common to strangers; for whatever we pos- 
sess is so much the more our property for being communi- 
cated to our poor brethren; there being no place where we 
may so safely lay up our treasure, as in the hands and belUes 
of the poor.' 

■> Petr. ChiTBOlog. Sena. 35. p. minia Dniiiiam BBcerdotum est pro- 

369. (p. 44.] Utuia mundi centum priis Btudere divitiis. 
id anum, Deus unum accipit ad ' Horn. i. in Gen. t. 2, p. S86. 

- Cbrfsost. Horn. 56. in {t. 4. p. 650 b.) ■ . ■ 'Os rf)v oicioi' 



Uatth. 17. p. ^7. (t. 7. p. 573 C.) T^^ jrarpi^av, &Ttttp ,\ oM T _ 

T( aruvic »' «oi tr«»i(t i «nl ti ftapi- jropi tmv irpoy6viiir Si^ofuuot, iva 

^frvj(pSf dXiwv T^ firyJka irvXuy, XPI' ^^'^ ^^^ ^ivtov avr^v Btpantiats Tra-* 

fURw a<nMXvFUVtM>, tiov B<^<Ti\ilat pairjfji, aErog Stairavrdc roif iratToOty 

4rl fMWWovtnfs ; rl tAv Qwor d^ir, dv- tXawoptvoit virip r^r aKrjBtias or^cr, 

ipintira KtpJioiMK niptr) ; ri riy xal tnraJcx'Ta'i ""'' S'ptrntuu 6tpa- 

wXmnm/wm vrapaApofiiHr, t6v ovu 7- irtiat Tp&nt^ itayroiairsf' Acttc ovk 

XiirTa (M>xX«!t, ml riv awoSiSouvra olSa tl xph rovmv pUM-ov, $ Tar (irif 

nriaX«rJ>>', •njr ayrmiiomvm avWa- niiXciv t^u oikuib t^i> toutov' uoXXov 

lA. Kol mr^ijSdXXnr ; iittXirot hndv- ti iia rovTO tdvtov vo^iftii- tlvat aSi- 

fut osrodovwu' o^os dt Ma) dw^fpat- r^r, nrriA^ ruv ^inw ttrri' nal yip 

Ml afoltite6t' odrot u6\it lnariHrniv ri futinpa HT^nara t6ti paXiirra 

inMSinrai' kiihw m iKarormirka- ^lirtpa yivrriK, mm pi) ^jiii- ovTOtf, 

tiara sal C**^ otArtor. aXX6 TOir niitjiny aitrd HJcrrifitKii 

M ^1. a, [ti. KiJ] ad Nepotian. buarayrit ipai' mifrvf; iyit Xiyta' 

% I. p. 359 b.) Gloria episcopi Mt tar *ls it(iiar rov wirrtrat oiro^c t6 

xopenmi ojnbua pMvidere: igno- apfvptm' K.r, X. 



214 Life aiul conversation Yl 

8. Now the better to qualify them to perform this datj, 
every clcrgyincin was reqiured to lead a frugal life ; that is, to 
avoid pr<»fiisoncs8, as well in their own priTate conoems, as ia 
giving great entertainments to the rich ; which is but a fidse- 
nanied hospiUiIity, and a great usurper upon the rights and 
revenues of the poor. We may judge of the simplicity rf 
those times by the character wliich Ammianus Marcellinos*, 
the heathen historian, gives of the Italian bishops, as it is pro- 
bable, from his own observation : he says, ' their spare diet 
and frugal way of living, their cheap clothing and grave de- 
portment, did recommend them to God and Ids true worship- 
pers iis persons of pure and modest souls.' This made those 
country-bishops more lionourable, in liis opinion, tlum if thej 
had lived in the riches and state and splendour of the bishops 
of Rome. By a canon of the fourth Council of Carthage^, ^t* 
the African bishops were obliged to live after tliis manner ; n<T 
to affect rich furniture, or sumptuous entertainments, or ^ 
splendid way of living, but to seek to advance the dignity anC^ 
authority of tlieir order by their faith and holy living. Som^ 
indeed were for tliat other sort of hospitaUty, for entertaining^ 
the ridi, and especially the magistrates, on pretence that they 
might keep an interest in them, and be able to interc^e with 
them tor poor criminals when they were condemned. But 
St. .Jcrom particularly considers and answers this pretence in 
his instructions to Nepotian. ' You must avoid,' says he-*, 
* giving great entertainments to secular men, and especially 
those that are in great offices. For it is not very reputable to 
have the lictors and guards of a consul stand waiting at the 
doors of a priest of Christ, who himself wjis crucified and poor ; 
nor that the judge of a province should dine more sumptuously 
with you than in the palace. If it be pretended tliat you do 
this only to be able to intercede with him for poor cruninals, 
there is no judge but will pay a greater deference and respect 
to a frugal clergyman than a rich one, and shew greater re- 
verence to your sanctity than your riches. Of if he be such 

2 L. 27. c. 3. See ch. i. 8. i. dignitatis suee auctoritatem fide et 

the latter part of n. 23, preceding. mentis vit«e qusprat. 

»* C. 15. (t. 2. p. 1201 b.) Ut epi- •* Ep. 2. [al. 52.] ad Nepotian. 

Ecopus vilcm Bupellectilem et men- c. 11 tot. (t. i. p. 203 d.) Convivia 

sain ac victuin pau])erem habeat, et tibi vitanda sunt, &c. 



^th» primitive cUrgy. S16 

an one as will not bear a clergTman'B intercessions but only 
among his cups, I should freely be without this benefit, and 
rather beseech Christ for the judge himself, who can more 
speedily and powerfully help than any judge.' St Jerom, 
in the same place*, advisee his clerk not to be OTcr ft'ee in 
receiving other men's entertainments neither. ' For the laity,' 
says he, 'should rather find us to be comforters in their 
monmings, than companions in their feasts. That clerk will 
quickly be contemned that never refuses any entcrtjunments, 
when he is frequently invited to them.' Such were the ordi- 
nary rules and directions, given by the ancients, for regulating 
the hospitality and frugality of the clergy. But many bishops 
and others far exceeded these rules in transcendent hciglits of 
abstinence and acts of self-denial, freely chosen and imposed 
upon themselves, that they might have greater plenty and 
saperfluities to bestflw upon others. Gregory Nazianzen" gives 
OS this account of St. Basil, ' that his riches was to possess 
nothing ; to live content with that little which nature reqmres; 
to despise delicades and pleasures, and set himself above the 
slavery of that cruel and sordid tyrant the belly. His most 
delicious and constant food was bread and salt and water ; his 
dothing but one coat and one gown; hia lodging upon the 
ground; not for want of better accommodations, for he wa» 
metropolitan of C»sarea, and had considerable revenues be- 
longing to his Church ; but he submitted to this way of living 
in imitation of his Saviour, who became poor for our sakcs, 
that we through his poverty might be made rich.' And there- 
fore both the same author^, and the Church-historians'* also 

• Ibid. c. ig. Bob fin. (p. 366 e.) lal Tpiffitnoy 1} xaixnvlar koX ^ 

Ficile CODtcnmutur clcricUB, qui, kc- aypvTrvla, jral ^ akovuia, rh itttlvnv 

pe rocaliw id prandium, ire hod aifimt-oyimara- KairbJ\burTovSf'i.isvoy 

■ccoaat. jial S<^v, 6 3pToi *ai dI Skte, ^ Kaiyfj 

■Orat,M._deUud.Baiil.(p.357e.) Kapvutla- kqI mtrov nf<(jJXi(ii. rt itai 

'Eiair^ nXovTOt ri iiijiii' txf^y' ■■ Sao- St^Borov, S ytapyavat m^yni fi^Bw 

fuuFT^ ij ryxpoTiia jial oXiyipnia, jcol wovoviiivois. 

ri iiif KpanurOai tw ^ioriif /iijil' at ^ Ibid, (p, 349 d.) Atjiuitrti fiiv 

uwi wiKpai ml aatkwvSipov itmolyiit ovy aXurAc 6 fi^flff tx""' irX^r tl 

T^ ya/rrpot BVfirAu". .ttpot ra xpitra tovtiov jifp^crftE rmv rpvjfivav uotf 

f^twif Dil ri sTTiv^ olc Hnx*"" to paniiay nai $iffXior oXiywi-, (V oir i 

■AAiK, ml irxtSiOT q Tpo^, narA iroc cftoi ffior. 

t^ firjfoX^ irapaSjHVHi Tou iitav B Soioin. 1, 6. C. 16. (v. a. p. 338. 

Z/MffitRt, nilo^pca bi i)itat immv- 31.) 0!nriar fiirovK f;{a), panic M kdI 

nwmt, V qfuti w\avrwdmim 6*6- fitflKia iKlya' oiiw St nji- y^, aii itX 

T^rar i mvftw «At^ ti tr xtr&mor, mpoirimr. 



i 



216 



Lift and eonvenaUon 



n 



tell us, that when, in the time of the Arian peraecation under 
Valcn8, he was threatened by one of the emperor's agents, thai 
unless lie would comply he should have all his goods confis- 
cated, his answer was, ' that no such punishment could reach 
him, for he was possessed of nothing, unless the emperor 
wanted his threadbare clothes, or a few books, which was all 
the substance he was master of/ St. Jerom gives the like cha- 
racter of Exuperius, bishop of Tholouse, who made other men's 
wants always his own ; and, like the widow of Sarepta, jnnched 
and denied himself to feed the poor, bestowing all his substance 
upon the bowels of Christ Nay, such was his frugality, that 
he ministered the body of Christ in a basket of osiers, and the 
blood in a glass cup. ' But nothing,' says our author 9, * could 
bo more rich or glorious than such a poverty as this.' It were 
easy to give a thousand instances of the same nature in the 
Cyprians, the Austins, the Nazianzens, the Paulinuses, and 
other such like generous spirits of the age they lived in ; who 
contemned the world with greater pleasure, than others could 
admire or enjoy it. But as such heights of heroic virtues 
exceeded the common rule, they are not proposed as the strict 
measures of every man's duty, but only to excite the zeal of 
the forward and the good. It may be said of this, as our 
Saviour says of a parallel case, "All men cannot receive tht» 
saying, siivc they to whom it is given ; but he that is able to 
receive it, let him receive it." 

9. Some indeed would fain turn this prudential advice into a 
law, and attempt to prove that anciently the clergy were under 
s^lyob- j^n obligation to quit their temporal possessions, when they 
y law to betook themselves to the service of the Church. But this is 
eir tern- *^ outface the sun at noon-day. For as there is no just ground 
raipos- for this assertion, so there are the plainest oadences to the 
contrary. Among those called the Apostolical Canons there is 
one ^'^ to this purpose : * Let the goods of the bishop, if he has 



hcther 
e clergy 
;ro an- 



suons. 



^ £p. 4. [al. 125.] ad Rustic, sub 
fin. (t. I. p. 941 e.) Nihil illo ditius, 
qui corpus Domini canistro vimineo, 
sanguinem portat in vitro. 

»^C. 40. [al. 39.] (Cotel. [c. 33.] 
V. I. p. 443.) *E(rra) <f)aufpa ra Xdia 
Tov iiriaKonov npayfuira, fiy€ Koi 
iHia cx^t* KQi i^avtpa ra KVpiOKa, iva 
€(ovaiav iexji rSav ISiav rcXcur&v 6 



emaKOTTOif i>s /SovXittoi koi out /3ov- 
Xcrai [al. oTs ^ovXcroi, km or 0ovXc- 
rm,^ KaTak€iylrcu' koi fA^ frpof^ovt 
Ta>v €KKXr)crta(mKStv TTptryixaronf dia- 

TriTTTflV TO TOV tlTiaKOirOV, CO"^ OT€ 

yvuaiKa koi naidas leeicnj/jieVov, § <rvy- 
yfV€is, ff oixerar. AiKaiov yhp roOro 
naph. 0(^ Koi dv3p^(H£, r6 iiijfr* rriv 
€KKKri<Tiau (7fi/av nya vnofUvtiv a- 



of the primitive clergy. 21 7 

my of his own, be kept distinct from those of the Church ; 
that when he dies he may have power to dispose of them, to 
whom he pleases, and as he pleases ; and not receive damage 
in his private effects upon pretence that they were the goods of 
the Church. For perhaps he has a wife, or children, or rela- 
tions, or servants : and it is but just both before God and man, 
that neither the Church should suffer for want of knowing 
•what belonged to the bishop, nor the bishop's relations be da- 
maged by the Church, or come into trouble upon that account, 
which would be to the scandal and reproach of the deceased 
bishop.' Many other canons i^, both of the Greek and Latin 
Church, are to the same effect. Nor can it be pretended that 
this is to be understood only of such estates as they got in the 
service of the Church. For St. Ambrose plainly intimates, 
that the law left the clergy in the full possession of their patri- 
mony or temporal estates which they had before. For he 
brings in some malcontents among the clergy ^^ thus com- 
plaining : ' What advantage is it to me to be of the clergy, to 
suffer injuries and undergo hard labour, as if my own estate 
would not maintain meV This implies, that men of estates 
were then among the clergy. And indeed there was but one 
case in which any clerk could be compelled to quit his pos- 
sessions, and that was when his estate was originally tied to the 
service of the empire, of which I have given a full account be- 
fore. In all other cases it was matter of free choice, and left 

ypoiq, Tw rov trrurKAirov wpayfiornp, fuermV dUaiop yhp kclI dp€ar6if napd 

lugrt rhv initrKOfrow ^ rovs avrov cruy- rt r^ Oc^ koX avBpaurois, rh tdta rov 

ymis iroo<l>curti ttjs iiucki^crias drjfitv- orurKSnov, ols ity avros fiovKrrtu, 

MoBat [al. irfifiaivta-Oai] fj koi tls KardX.ifjaravta'Otu, k, r. X. — C. Aga- 

wp6yiiaTa ifimirrfw rovs avr^ dui- tbens. c. 47. (t. 4. p. 1391 b.) Ut de 

ifipovraf, icai rhv alrov Bavarov Bva- rebus episcopi propriis vel acquisitis, 

^fiiai9 mptfidXXtaBai, vel quiaquid episcopus de suo pro- 

11 Vid. C. Antioch. c. 24. (t. 2, p. prio habet, bseredibus suis, si vo- 

57a c.) ^aw€p6. dc tuHu, rh Bia<t>€poih' luerit, derelinquat. — C. Carth. ^. 

ra rj iKKkfjciq. fxer^, yvwrtas rw c. 49. (t. 2. p. 1 1 78 a.) Si ipsis 

vffpi mrrhnf [rn-io-jcoirov] irp^a-fivrip^v [clericisj proprie ahquid liberalitate 

m diwc6wtMf' &<m rovrovs cidcwu, alicujus, vel successione cognationis 

Koi ijai ayvotip, riva irm ifrrt r^r obvenerit, faciant inde, quod eorum 

iKMXjfirlas, &aT€ fufjbiv avrovs \av$d- proposito coDfrniit. 

pttv' tp u avftffMri t6v Ma-KOftroy fit' i^ £p. 17. [al. 8 1.1 ad Clericos. 

TakK6rrtiyT6yPiov,<l}avtpS>v6ifTc»yTu>y (t. 2. p. 1098 a. I.) Quid mihi pro- 

.btai^pAvTmp T§ €Kkkfj(ruf irpayitarmv, dest in clero manere, subire injurias, 

fMTf avrh dtairiimiv koi dnokXvtrBai, labores perpeti, quasi non possit 

/Mfrr rii tdiarov tirurKAirov hfoxXticBcu ager meus me pascere. 
frpo^acTffc T&p fKKkfio'iatmK&v vpay- 



218 Life and eanverBation YJ^ 

to his liberty, whether he would <Uspose of his estate to ugr 
pious use or not. Only, if he did not, it was expected ha 
should be more generous in his charities, and less burdeDSOoa 
to the Church, Im needs being supplied another way. Though 
neither was this forced upon him by any law, but only urged 
upon reasons of charity '^ : leaving him judge of his own neces- 
sities, and not forbidding him to have his dividend in tbe 
Church, if in his own prudence ho thought fit to require it 
Socrates ^^ commends Chrysanthus, a Novatian bishop, opoi 
this account, that having an estate of his own, he never took 
any thing of the Church, save two loaves of the eulogim or \ 
offerings on Sunday ; though he does not once intimate that 
there was any law to compel him to do so. As neither does 
IVosper, who speaks most of any other against rich men's 
taking their portion in the charities of the Church. He 
reckons 1"^ it indeed a dishonourable act and a sin in them, 
bci'auso it was to deprive others of the Church's cliarity, who 
stoc^d more in need of it; and he thinks ^^, though a rich clergy- 
man might keep his own estate without sin, because there was 
no law but the law of perfection to oblige him to renounce it, 
yet it nuist be upon condition that he required none of the 
maintenance of the Cliui'ch . But he only delivers this as his 
own private opinion, and does not signify that there was then 
any sucli standing law in the Church. In Afric they had a 
peculiar law against covctousness in the time of St. Austin, 
which was*", * that if any bishop, presbyter, or deacon, or any 
otluT clerk, who had no estate when they were ordained, did 

13 Vid. C. Apost. 41. [al. 40.] possessionibus suia renunciare non 

(Cotel. [c. 34.] V. I. p. 443.) Mcra- possint; si ea, quae accepturi erant, 

Xafi/3dveir dc Koi avrhv tS>v btovrtav, di8])en8atori relinquant, nihil haben- 

ciyc hfoiTo, €ls rits dvayKaiaf avr^ tibus conferenda, sine peccato posri- 

Xpflas* — Conf. C. Antioch. i. c. 25. dent sua. 

(t. 2. p. 573 a.) where the same ^7 c. Carth. 3. c. 49. (t. 2. 

words occur. p. 1177 e.) Placuit, ut episco|H, 

1'^ L. 7. c. 12. (v. 2. p. 348 d.) presb^teri, diaconi, vel quicunque 

*Air6 re riav cKieXi/o-tebr ovdiv cdcfaro, clerici, qui nihil habentes ordinan- 

n\^v Kara Kvpiaicriv dvo aprovs t&v tur, et tempore episcopatus vel de- 

€vkoyia>v f\dfi^v€v. ricatas Boi, agros vel quaecanque 

1^ De Vit. Contemplat. 1. 2. c. 12. prsedia nomine suo comparam, tan- 

(append. p. 34 b. 6.) Noverint esse quam rerum divinarum [al. domi- 

deformius, possessores de eleemo- nicanim] invasionis crimine tenean- 

synis nauperum pascL tar obnoxii, nisi admoniti ecdeaie 

^^ Ibid. 1. 2. c. 12. (append, eadem ipsa contulerint. 
p. 34.) lUi, qui tam infirmi sunt, ut 



>• <(f the primitive cUrgy. S19 

afterward purchase lands in their own name, they should be 
impleaded as guilty of inTuding the Lord's revenue, unless 
upon admonition they conferred the same upon the Chnrch.' 
Tor in those times the Church-revenues bcuig smnll, no one's 
dvidend was more than a competent maiutonancc ; oiid there- 
fore it was presumed, that he, who could purchiuse lands in 
ncfa circumstances, must have been some wuy injurious to tlie 
public revenues of tlic Church. But in the same law it was 
provided, that, if any estate was left them by donation or inhe- 
liCance, they might dispose of Jt as they pleased themselves ; 
for the Church made no rules, but only gave her advice in 
nch cases as these ; exhorting her wealthy clergy to greater 
d^rees of Uberahty, but not demanding their estates to have 
them at her «wn disposal. On the other hand, when clorgy- 
■MD, who had DO visible estates of theu' own, and were single 
men, and had no poor families to provide for, were basily 
Went upon growing rich out of the revenues of the Church ; 
tins was always esteemed a scandalous covctousness, and ac- 
wrdingly prosecuted with sharp invectives by St. Jei'om '* and 
others of the ancient writers. Ho much of the laws of charity 
[ which concerned the ancient clergy. 

10. I might here give a character of their meekness, mo-OTthdr 
desty, gravity, humihty, and several other virtues, which Sa- ^^ ?^ 
tiuizen describes in the person of his own father ; but I sliall oflcnsi™ 
bat take notice of two things more, which conceined the con- tonmei. 
dact of their lives, and those are the laws relating fii-st to their 
XBordg, and secondly to their^^me aiul reputation. For their 
vordfl, they who were to teach otlicrs the most difficult part of 
human conduct, the government of the tongue, were higlily 
concerned to be examples to the people as well in word as ac- 
tion. And to this purpose the laws were very ravcre ag^nst 
all manner of licentious discourse in their convei-sation. The 
finirth Council of Carthago has three canons together upon 
this head; one" of wliich forbids scurriUty and buffoonery, 

" Emtaph. Nepotitn. Bp. 3. [al. buerant: et tnipiret eot ecclesia dU 

60.^ M Hdtodor. (t t. p. 337 d.) rites, quos niundus tenuitantemeD- 

Alh nnmmuin iddtnt nummo . . nnt dicoa. 

dMom monachi, ^(nun Aiennt ■«• ■* C. 60. (t. 3. p. iao4 e.) Cleri- 

cnbici; et ckna poaodeant opca cum Kunileni, et verbis turpibua 

mb Cbnato pauMre, qoas «ub lo- joculatarem, [al. joculareni,] ab offi- 

ca^UU [at Uiace] IMabolo non ha- do detialienaum [al. rctrabendum.] 



S20 Lift and conifersaiion 

or tliat foolish talking and jesting with obsoenitj, which tfa6 
Apostle calls PmfjLokoxCa'^^, under the penalty of deprivatioo. 
Another ^1 threatens such with excommunication as use to 
swear by the name of any creature. And a third canon* 
menaces the same punishment to such as sing at any public 
entertainments. St. Jerom'^^ particularly cautions his clerk 
against detraction, because of the temptation he may he under 
either to commit the sin himself, or give way to it in othen, 
by hearkening to and reporting false suggestions aflter them* 
Which is much the same thing ; ' for no slanderer tells hb 
story to one that is .not willing to hear liim.' ' An arrow,* say* 
he, * never fixes upon a stone, but often recoils back, and 
wounds him that shoot<« it. Therefore let the detracter learn 
to be less forward and busy, by your unwillingness to hear Ws 
detraction.' St. Chrysostom *^^ takes notice of this Tice as most 
incident to inferiors, whom envy and emulation too often 
prompt to detract from the authority and virtues of their 
bishop ; especially when they are grown popular, and admired 
for tlieii' own eloquent preaching ; then, if they be of a bold 
and arrogant and vain-glorious temper, their business b to 
deride him in private, and detract from his authority, and 
make themselves every thing by lessening liis just character 
and power. Upon this hint our author also takes occasion 
to shew what an extraordinary courage and spirit, and how 
divine and even a temper a bishop ought to have, that by such 
temptations, and a thousand others of the like nature, he be 

20 [The term which St. Paul em- 23 Ep. 2. [al. 52.] ad Nepotian. (t. 
ploys (Col. 3, 8.) is aiVxpoXovm. i. p. 266 a.) Cave quoquene autlin- 
Bcofiokoxia, buffoonery or ribalary, guam aut aures habeas prurientes, 
does not occur in the N. T. It is id est, ne aut ipse aliis detrahas, aut 
met with in Plato's Republic, and alios audias detrahentes. . . . Parce a 
Aristotle has described the charac- detractione linf^use, custodi sermo- 
ter of the fi<ofio\6xos, the vulgar and nes tuos^ et scito, qm& per cuncta, 
coarse jester, as in one extreme of quae de aliis loquens, tua seotentia 
fifTocnriKia. See Eth. Nicom. 4. 8, 3. judicaris, et in his ipse deprehen- 
ana Rhet. 3. 18, 7. The author has derts, quae in aliis arguebas. Neque 
accidentally used the philosopher's vero ilia justa est excusatio, Refe- 
term, while he had in mind the rentibus aliis, injuriam facere non 
Apostle's expression. Ed.] possum. Nemo imito auditori li- 

21 C. 61. (ibid. p. 1205 a.) Qeri- tenter refert. Sagitta in lapidem 
cum per creaturas jurantem acer- nunquam figitur, interdum resiliens 
rime objurgandum. Si perstiterit in percutit dirigentem. Discat detrac- 
vitio, excommunicandum. tor, dum te videt non libenter au- 

22 c. 62. (ibid, a.) Clericum inter dire, non facile detrahere. 

epulas cantantem supradictse sen- 24 De Sacerd. 1. 5. c. 8. tot. (t. i. 
tentis severitate coercendum. pp. 4^0* 4^^-) 



►" 



of t/ie primitive clergy. 



221 



not OTerwhelmed either with anger or envy on the one hand, 
or insuperable sorrow and dejection of mind on the other. 
St. Jerom recommends another virtue of the tongue to his 
derk, which is of great use in conversation ; and that is the 
keeping of secrets, and knowing when to be silent, especially 
ihout the affairs of great men. * Your office,' says he 2^, * re- 
quires you to visit the sick, and thereby you become acquainted 
with the famiUes of matrons and their children, and are in- 
trusted with the secrets of noble men. You ought therefore to 
keep not only a chaste eye, but also a chaste tongue. And as 
it is not your business to be talking of the beauties of women, 
w neither to let one house know from you what was done in 
soother. For if Hippocrates adjured his disciples before he 
tenght them, and made them take an oath of silence ; if he 
formed them in their discourse, their gait, their meekness and 
inodesty, their habit, and their whole morals ; how much more 
ought we, who have the care of souls committed to us, to love 
the houses of all Christians as if they were our own !' He 
means, that the clergy should be formed to the art of silence 
tt carefully as Hippocrates taught his scholars ; that the peace 
ttd unity of Christian families might not be disturbed or dis- 
oomposed by revealing the secrets of one to another ; which it 
is certain no one will do that has the property which St. Jerom 
fequires, of loving every Christian family as his own. 

1]. Secondly. As they were thus taught to be inoffensive of their 
both in word and deed, and thereby secure a good name and ^JJ^ 
reputation among men, which was necessary for the due exer- against 
dse of their function ; so, because it was possible their credit of^S^*^ 
might be impaired, not only by the commission of real evil, 
bat by the very appearance and suspicion of it, the laws of the 
Church upon this account were very exact in requii'ing them 
to set a guard upon their whole deportment, and avoid all sus- 
picions actions that might give the least umbrage or handle to 

* Ep. 3. [aL 5a.] ad Nepotian. (t.i. pulos suos, antequam doceat, et in 

p. a6o c.) Uffidi tui eat visitare Ian- verba sua jurare compellit : extor- 

guentea : noaae domoa matronarum, quet sacramento silentium ; sermo- 

ac liberoa eanmi^ et nobilium viro- nem, incessum, habitum, moresque 

nun coatodire aecreta. Officii tui prscscribit. Quanto magis nos, (jui- 

ait» non aolum oculoa caatoa servare, bus animarum cura [al. medecina] 

ted et fingoam. Nunquam de for- commissa est, omnium Christiano- 

niia mulierum disputes, nee quid rum domos debemus aroare tan- 

agator in alia, domua alia per te quaai proprias ? 
noverit. Hippocrates adjurat disci- 




Lift and eenvergaiian 



an adversary to reproach them. It was not enough in this cue 
that a man kept a good conscience in the sight of God, but he 
must provide or forecast for honest things in the sight of men. 
And this was the more difficult, because men are apt to be 
querulous against the clergy, as St. Chrysostom observes, some 
through weakness and imprudence, others through nuJiee^ 
easily raising complaints and accusations without any jut 
ground, and difficultly hearkening to any reasons or apologia 
that they can offer in their own defence. But the more queru- 
lous and suspicious men are, the more watchful it becomes tLe 
cler«ry to be a<rainst unjust surmises, that they may cut off 
occasion from them that desire occasion to accnse or reproadi 
them. To this end they are to use the utmost diligence and 
precaution to giuird agaiast the ill opinions of men, by avoiding 
all actions that are of a doubtful or suspicious nature. ' For/ 
says St. Chrysostom ^^, * if the holy Apostle St. Paul was afraid, 
lest he sliould have been suspected of theft by the Corinthians; 
and upon that account took others into the administration oC 
their charity with himself, that no one might liave the least 
pretence to blame him ; how much more careful should we be 
to cut off all occasions of sinister opinions and suspicions, how- 
ever false or unreasonable they may be, or disagreeable to our 



2€ De Sacerd. 1. 6. c. 9. (t. i. p. 
428 e.) E( yap 6 fiaKapios Ilai'Xor, 
fjL^ kkoTrrjt vnovoiav \cSrj napa rois 
fiaOrjTaiSt <d€i<Te* Koi dia tovto irpotT' 
€\a^€ Koi €T(povi €is rfiv Ta>v xprjpA' 
T<i>p diuKoviaVf cva firj rtr ripMS fimur}' 
(n)Tai, <l)Tj{TiVt €V rfj adpoTrjri Tavrrjf 
rfi diaKovovfitinj v(p rjucav' nu)e Tffias 
oil TtavTa df'i noiflvf Sxrrt ray noin]'- 
pas duatptlv xmo^ias, kKv ^cvdcir, 
Kav oKt'tyiiTrtH rvy\dv(0<TLV ovaaiy kKv 
oxf>6fipa T^s fffKTfpas djrtxatai Bo^rjs' 
ovdfi^of yap dfjMpTTjp^Tos roaovrov 
ripfls d<f)€aTi)Kap^Vf ocrov /cXott^s 6 
UaOXor* dXX* o/xus Ktii rnaovrov d<f)€- 
anjKcis Trjs novrjpds Tavrrfs irpd^fast 
oi/de ovTios fip.(\Tja€ r^s tS>v noXXSiV 
vjrovoiaSf Kairoi Xiav ovoTfS (Woyov 
Kai fuivicjdovs' fiavia yap }v, toiovtov 
v7ro7rT€v<rai rt ircpl rrji ficucapias Ka\ 
Savpaariji cKcti/i;; ^ux^^* [«f*<^aX55* 
Savil. Bened.] dXX' op<as ovdh rjrrov 
Kai T«vn;f riis vTTO^iar, r^s ovrat 
aXoyov, Koi r)v ovdels av p^ napa" 
7ra(o>v i/TTCDTrrcvo'e, noppaBfv dvatpti 
ras curias' koi ov dicnrvo'r rr)v Tci>v 



iroWdv avoiaVf ovbi c (ttc* rivi yap &9 
cVcX^oi irorc, roiavra ircpt ^fiStv viro- 
vo€iv, KOI diro rav arfp^iav, Ka\ oiri 

TTJS €7ri(lK€iaS Tfjs (V T^ jSc^, iraTTWY 

fipds Ka\ TipciVTtov Kai Oavpa^ovrtav ; 
dXX* atrav rovvavriop, Koi vircidcro 
Kai irpo<r€b6Krja'€ ravnjv r^v iroyrjpav 
vnovtnav' Kai npoppi^op avr^y ovc* 
OTrao'c, fuzXXoy de ovdc ^vyai rrfv dp- 
X^v dtf>rJKf' dm W; npovoovpMv yap, 
fprftri, KoKa ov p6vov €va7riov Kvpiov, 
dWa Koi €vomiov dvBpwrtov, Toaavri^ 
df 1 /xaXXov dc Kai ir\€iovi Ktxp'io'BM 
<nrovbfj' S>(TT€ p-n p,6vov alpoptpai 
KaraoTT^v Kai KoiXvfiv rdr <firjpxi£ rhs 
ovK dyadds' dXXa Kai irdppa>6€v, 6&€v 
iiv ydvoivTOf irpoop^v Kai ras rrpoffid- 
(Tccr, €^ Ziv riKTovTatf npoavcupeiv, 
Kai pfi TTfpipfvtiv avT^s avarrjvaif 
Kai €v Tois rStv n'oXXci>v dia6pv\\ij- 
6ijvai fTTopaaC rrjuiKavra yap olh€ 
(Cnopop avras d(f>avi(rai Xoiirov, d\ka 
Kai Xiav $u<7X€pcr, rd^a dc Kai ddv" 
varop' o{jT€ dirjpiop, t^ pLfra rffp rS>v 
TToXKSiP (iXdiSriP tovto ycveo-^oi. 



%• ofih€ primitive clergy, 28S 

duuracter I For none of us can be so far removed from any sin 
m St. Paul was from tbeft ; yet he did not think fit to contemn 
the suspicions of the Tulgar ; he did not trust to the reputation 
which both his miracles and the integrity of his life had gener- 
ally gained him : but, on the contrary, he imagined such sus- 
|kions and jealousies might arise in the hearts of some men, 
and therefore he took care to prevent them; not suffering them 
to arise at all, but timely foreseeing and prudently forestalling 
ihem; providing, as he says, for honest things not only in the 
■ght of God, but also in the sight of men. The same care and 
much greater should we take, not only to dissipate and destroy 
Ae ill opinions men may have entert^ned of us, but to foresee 
i&r off from what causes they may spring, and to cut off be- 
fivehand the very occasions and pretences from whence they 
aay grow. Which is much easier to be done tlian to extinguish 
ihem when they are risen, which will then be very difficult, 
perhaps impossible; besides that their being raised will give 
great scandal and offence, and wound the consciences of many.' 
Thffi that holy father argues upon this point, according to his 
wonted manner, nervously and strenuously, to shew the clergy 
their obligations to use their utmost prudence to foresee and 
prevent scandal, by avoiding all actions of a doubtful and sus- 
pdous nature. St. Jerom^7 gives his clerk the same instruc- 
tioDB, ' to guard against suspicions, and take care beforehand to 
nuDister no probable grounds for raising any feigned stories 
ooncerning him. K his oflSce required him to visit the widows 
or virgins of the Church, he should never go to them alone, 
bnt always take some other pei*sons of known probity and gra- 
vity with him, from whose company he would receive no defa- 
matioa.' 

12. Nor was this only the private direction of St. Jerom, Laws 
but a public rule of the Church. For in the third Council of [^^J 
Carthage this canon '^« was enacted, ' tliat neither bishop nor 

^ Ep. 2. [al. 52.] ad Nepotian. rici vel continentes ad viduas vel 

(t I. p. 258 c.) Caveto crones sua- virgines, nisi jussu vel permissu 

pidonea : et qoicquid probabiliter episcoporum et presbyterorum, non 

fingi potest, ne fii^tar, ante devita accedant. Et hoc non soli faciant, 

... Si, propter omcium clericatus, sed cum clericis, vel cum his, cum 

ant vidua a te visitatur aut virgo, quibus episcopus jusserit vel pres- 

niuiqaain domum solus introeas. byter. Kec episcopi, aut presbyteri, 

Tdes habeto sodos, quorum contu- soli habeant accessum ad nujusmodi 

benuo non infameris. foeminas, nisi aut cleric! prsesentes 

^ C. 35. (t. 2. p. II 71 a.) Ut cle- sint, aut graves aliqui Chnstiani. 



S24. Life and converaation TI 

presbyter, nor any other clerk, should visit the widows and 
virgins alone, but in the company and presence of some other 
of the clergy, or some grave Christians.' And in the first 
Council of Carthage '^9 and the Council of Epone^^ there are 
canons to the same purpose, 
naoooimt 13. The great Council of Nico^^ made another order upon 
ttm mnd tho samc grounds, to prevent all sinister opinions, ' that none 
'^'*d*the ^^ ^^^ unmarried clergy, bishop, presbyter, deacon, or any 
wsofthe other, should have any woman that was a stranger, and not 
^^\^ one of their kindred, to dwell with them ; save only a mother, 
lintt a sister, or an aunt, or some such persons, with whom they 
might live without suspicion.' They who hence conclude that 
the clergy were forbidden to cohabit with their wives, which 
they had married before ordination, are sufficiently exposed by 
Gothofred'^2, as ignorant of tho true import of the original 
word, (TvviUraKTos, which never denotes a wife, but always a 
stranger, in opposition to those of one's kindred. And it is 
evident, the canon was made not upon the account of the mar- 
ried clergy, but the unmarried, to prevent suspicion and evil 
reports, that might easily arise from their familiar conversation 
with women that were not of their kindred or near relations. 



^ C. 3. (ibid. p. 1823 C.) Occa- Kovt^, firjTt Sko^s nvl rS>v iv r^ ncX^- 

fiiones enim amputandse sunt pecca- pa>, t^dvai awciiraKTop yvvauca ?^€iv* 

torum, et tollendse omnes suspicio- w\r}v d fx^ apa fnp-tpa, ^ dd€\<fyfivy Ij 

nes, quibuB subtilitas Diaboli, sub 6(iap, fj a fi6va npoatana 7ra<rap xnro- 

prsctextu caritatis et dilectionis, in- ^/ay dian€<l>€vy€. 

cautas animas vel ignaras irretire ^^ In Cod. llieod. 1. 16. tit. 2. de 

consuevit. Nullus ergo et nulla, Episcopis, leg. 44. (t. 6. p. 88.) Ne- 

sanctimoniae deserviens, propter que hee [conjuges] extraneae sunt, 

blasphemiam ecclesise, si vobis pla- neque cum his commune quidquam 

cet, in una domo penitus commora- haoet superior prohibitio de eztra- 

ri [non] debent. Universi dixerunt : neis mulieribus non asciscendis : 

Qui nolunt nubere et pudicitise me- quod ut baec lex apertissime testa- 

liorem eligunt partem, vitare debent, tur, ita Paphnutii quooue historia, 

non solum habitare simul, sed nee collata cum dicto C. 3. Nicseno, pa- 

habere ad se aliquem accessum. riter edocet. Quare falluntur, aui 

^ C. 20. (t. 4. p. 1578 d.) Epi- ad conjuges a maritis ad sacerao- 

scopo, presbytero, et diacono, vel tium promotis divellendas auctori- 

cseteris clericis, horis prseteritis, id tatem canonis Nicseni advocant, qui 

est, meridianis vel vespertinis, ad non est nisi de extraneis, ut et Epi- 

foeminas prohibemus accessum: quse stolam Basilii ad Paregorium 198; 

tamen, si causa fuerit, cum presby- quae pariter non est nisi ntpi <rw- 

terorum aut clericorum testimonio f(o-aicra>i/. [Consult also sect. 2. 

videantur. throughout, wherein Gothofred is 

^^ C.3. (t. 2. p.2gd.)*A7nfy6pfva'€ explicit on the subject, (p. 86. ad 

icaOdkov Tf firydXi; frvv6hos, fxi/rc fVi- calc. col. dextr. et p. 87.) VetantUT 

(TK&irti^, iiffTf 7rp€<rPvTfp<p, iirjrt dia- igitur hac lege, &c. Ed.] 



of the primitive clergy. S&5 

We may be satisfied of this from a law of Honorius and Theo- 
dotdoB Junior, which was made in pursuance of the Nicene Ca^ 
non, and is still extant in both the Codes''^ ; where, — first having 
forbidden the clergy to cohabit with any strange women, who 
by some were taken in under the title and appellation of sis- 
ters ; and having named what persons they might lawfully en- 
tert^ in their houses, viz. mothers, daughters, and sisters, 
becaoae natural consanguinity would prevent all suspicion of 
these ; lest not excepting of wives might seem to exclude them 
also, — a particuW clause is added concerning them, ' that such 
w were married before their husbands were ordained should 
not be relinqoished upon pretence of chastity, but rather be 
retained upon that account ; it being but reasonable that they 
shonld be joined to their husbands, who by their conversation 
made th^ husbands worthy of the priesthood.' The avvtCv- 
(UTo( then, or strangera, who in these laws are forbidden to 
cohabit vrith the clergy, are not their lawfnl wives, but others, 
who were taken in under the name of meters, as that law of 
Honorius, and other ancient writers ^^ intimate they were called 
by those that entert^ned them. St. Jerom^^ and Epiphanius^^ 
tell us, they were also known by the name of agapetoe, i,yawij- 
rol, that is, beloved. So that all these several names signify 
bat that one sort of persons, most commonly called slrangera, 
exlranece, and <ruvflaoLKJin, whose conversation was suspicious, 
and therefore so often prohibited by the laws of the Church. 
They were commonly some of the virgins belonging to the 
Church, whom they, that entertained them, pretended only to 

*Cod.Tbeod.l.i6.tit. a. deEpiw:. conjugium. Neque enim clerids io- 

kg. ^ (ibid. p. 86.) — Cod. Juatin. compelenter adjuDcle Hunt, qus 

Lt.tit.^.l^. 19.(1.4. p. 83.^ Bum, qui difiDoa eacerdotio viros sua coDver- 

piababileD) •ecnlo' diaciplinBm Bfit, utione feceniat. 

decolorari eoiuortio wroriK appefla- "* Vid. C. Ancyr. c. ig. (t. i . p. 

lioilia non dccet. Quicunaue igitur 1464b.) Tat /uV to( minpxoiii- 

ngucnnqae gradui Mcerdotio ful- vatirap8itiovtTtalv,inditk<pat,iiim- 

ciiuitnr, vel dericatiui bonore cen- Xiimi^i'. 

■entnr, extranearuin sibi mulienun *^ See n. 38, foUowing. 

hiterdicU couBOitia cof!'"'^^''* < ^^"^ ^ Hter. 63. Origeo. n. 1. (t. t. p. 

<•• Untam focoltate coneetea, ut ^iid.)K.ar^yopoi<riT&vtv t^ tKiiXr]- 

matTM, filial, atque gennanBa intia <rif ric ayawiiTit Xiyofiirat tnuwitr- 

dMnormn nurnm Mpta contineant. acrour yuyaitat KHnnumov. ut 'al 

In bis mim nibil itevi criminia ez- avrwv rotiro nriTtXaun-aii' KptKp^ Sio 

illiniari fcedui naturele permittit. n;v ritv arSpatrav alSa' iva /uV r^ 

Blu etiam non relinqui caatitatia iroiFr/pi^ tnivfiorrTamu, r^ At trpn- 

boftatur affcctio, quK ante sacerdo- <r>^fuiTi tuv avSpimm' f mko t6 om/io 

tinm nantoruiD l^timam meruere m/it-vvBrroi. 

BINGBAH, VOL. U. Q 



S26 



Lif€ and converaoHan 



love as sisters with a chaste love. But their manner of c 
versing was sometimes so very scandalous, that it justly gi 
great offence to all sober and modest persons ; and had not i 
Church always interposed with her severest censures, it mi 
have made her liable to as great reproach. For it appe^ 
from the complaints of St. Cyprian37, St. Jeromes, and othe 
that the practice of some was very intolerable : for they i 
only dwelt together in the same house, but lodged in the sai 
room, and sometimes in the same bed; and yet would 
thought innocent, and called others uncharitable and suspicic 
that entertained any hard thoughts of them. But the Chur 
did not regard vain words, but treated them, as they justly ( 
served, as persons that used a scandalous and indecent liber 
and who were the very pests and plagues of the Church. C 
prian^^ commends Pomponius for excommunicating a deac< 
who had been found guilty in this kind. And the Council 
Antioch-*^ alleged this among other reasons for their deposi 
Paulus Samosatensis from his bishopric. In the following ag 



37 Ep. 7. [al. 13.] (p. 190.). . . Cum 
summo animi nostn gemitu et do- 
lore cognovimus, non deesse, qui 
Dei templa, et post confessionem 
sanctiiicata, et illustrata prius mem- 
bra turpi et infami concubitu suo 
maculent, cubilia sua cum foemiuis 
>romiscua jungentes, &c. — Ep. 6. 
al. 14.^ (p. 192.) Doleo enim c^uan- 
lo audio quosdam im probe et mso- 
lenter discurrere . . . Christi membra 
et jam Christum confessa per con- 
cubitus illicitos inquiuasse, £c. — Ep. 
62. [al. 4.] (p. 173.) Legimus literas 
tuas, frater carissime, quas per Pa- 
conium fratrem nostrum misisti, 
postulans et desiderans, ut tibi re- 
scriberemus, quid nobis de lis vir- 
ginibus videatur, quae, cum in statu 
suo esse et continentiam firmiter te- 
nere decreverint, detectse sint postea 
in eodem lecto pariter mansisse cum 
masculis : ex quibus unum diaco- 
num esse dicis ; plane easdem, quae 
se cum viris dormisse confessse smt, 
asseverare se integras esse, &c. 

^ Ep. 22. ad Eustocb. de Vir- 
gin. Servand. [c. 14.] p. 138. (t. i. 
p. 97 a.) . . Unde in ecclesias agape- 
tarum pestis introiit? Unde sme 
nuptiis aliud nomen uxorum? Immo 



unde novum concubinarum gem 
Plus inferam : Unde meretrices u 
virse ? Quae eadem dome, uno cv 
culo, saepe uno tenentur et lectu 
et suspiciosos nos vocant, si aliq 
existimamus. 

38 Ep. 62. [al. 4.] (p. I ^4.) . . C 
suite et cum vigore fecisU, frater 
rissime, abstinendo diaconmn, < 
cum virgine saepe mansit, sed et ( 
teros, qui cum virginibus dorm 
consueverunt. Quod si poeniu 
tiam hujus illiciti concubitus 
egerint, et a se invicem recesseri 
inspiciantur interim virgines ab ( 
stetricibus diligenter ; et, si virgii 
inventae fuerint, accepta comran 
catione ad ecclcsiam admittanti 
hac tamen interminatione, ut si 
eosdem masculos postmodum 
versae fuerint, aut si cum eisdem 
una dome et sub eodem tecto sin 
habitaverint, graviore censura eii 
antur, nee in ecclesiam postmodt 
facile recipiantur, &c. 

40 Ep. Synod, ap. Euseb. 1. 7. 
30. (v. I. p. 362. 19.) T^ff dc <rw€i 
oKTOvs avTOV ywaiKaSt as *Avr 
X^^s 6vofid(ov€ri, Koi tS>v ircpt avi 
TTpecrjSvrcpttv kqI b^aK6v6iV, k, r. X. 



3- of the primitive chrgy. 297 

besides the Councils of Nice and Ancyra already mentioned, we 

meet with many other canons made upon this account, as in the 

Becond Council of Aries*', the first, third, and fourth Councils 

of Carthage*', the Council of Ehberis*^, and Lerida'*, and 

many others, prohibiting the clergy to entertain any women, 

who were strangers, and not of their near relations, under pain 

of deprivation. The intent of all which canons was to oblige 

the clergy, not only to live innocently in the sight of God, but 

also unblamably, and without suspicion and censure, in the 

eright of men. It being more especially necessary for men of 

ftheir function to miuntain not only a good conscience, but a 

good name ; the one for their own sake, the other for the sake 

of their neighbours*': that men might neither be tempted to 

blaspheme the ways of God, by suspecting the actions of holy 

xnen to be impure, when they were not so ; nor be induced to 

mmitate such practices, as they at least imagined to be evil ; 

^ther of which would turn to the destruction of their souls. So 

'tlat it was cruelty and inhumanity, as St. Austin concludes. 

for a man, in such circumstances, to neglect and disregard, liis 

Own reputation. 

*1 C.3. [t. 4. p. Toii a.) Si quia ntatem extraneanim malierun), licet 
clericui a gradu diacoiiAtua iu sola- ex toto sanctj patrea antiquis monl- 
tio aao mtuieram, pnet«r aviam, ma- lioiubus praecep«rint ecclesiaatids 
trem, filiam, neptem, vcl converaain eritandam, id nunc tamen nobis vi- 
•ecDin ozorem, habere pmaumpse- sum est, ut qui talia probabitur, si 
lit, a conunDniaae alienua habeatur. poat primam eC aecimdam raratno- 
Pu quoque et mulierem, ai ac aepa- nitionem ee emeodare neglexerit, 
rare nolnerit, pcena percellat. donee in vitio peraererat, officii sul 

" Carth. I. c. 3. See n. 39, pre- dignitate privetur. 
Mihw. — C.4. (t. 3. p. i8j4b.) Jux- *) Vid. August, de Bon. Viduitat. 
taviawM et viduaa eadem lei ma- c.3i.(t.6. p.3S4g. et P.3S5,) In 
neat et MOtentiB. — Carth. 3. c. 17. omnibus sane epiritalibus deliciia, 
(t 3. p. ii^o a.) Cum omnibua am- qulbui fruuntur lonupta, aaucta ea- 
niDO cinicu eztraneie fteminte non rum eonveniatio cauta etiam debet 
eobalnteiit,*edMlieinatres,avUe,ma- ease, ne forte, cum mala viianon sit 
tertcrs, anutee, aororea, et tilis fra- per lascivism, mala sit fama per 
tmm rat ■oronuo, et quaecunque ex negligentiam. Nee audiendi sunt, 
bnuHa, domeatica necessitate, etiam Eireviri aancti sive foeminx, quando 
Uteqnam ordinaientur. jam cum eis reprebenaa in aliquo negligentia sua, 
habiUlMiit, &c. — Carth. 4. c. 46. per quam fit, ut in malam reniant 
^d. p. 1304 a.) Qericus cum ex- suspidonem,unde vitamauamlonge 
tnUMia mnlienbus non halntet. abesse aciunt, dicunt sibi coram 

*C. 27. (t.1. p.973e.) Epiaco- Deo aufficere conacientiam, existi- 
pna vcl qnilibet alias cledcus, aut matiouem bominum non im|iruden- 
torraoD, snt filiam rirgtnem dica- ter solum, verum etiam crudeliter 
Inn Dcor tantnm secom habeat ; cootemuentes : cum occidunt ani- 
ititniiwin nfyifq""" habere pla- maa aliomm, aive blaspheraanti 
cntt. viam Dei, quibus secundum st 

^C. 15. (t. 4. p. 1613c.) Familia- suspicionem quasi turpls, qua; ci 
Q a 



85^8 Duties and offices YL 

l0foleiit 14- But it might happen that a man, after the ntmost 



^^^ hmnan caution and prudence that could be ufled» might not be 
picions able to avoid the malevolent suspicions of ill-disposed men : for 
JJ^' our blessed Lord, whose innocence and conduct were both 
equally divine, could not in his converse with men whoUj 
escape them. Now in this case the Church could prescribe no 
other rule, but that of patience and Christian consolation, given 
by our Saviour ^"^ to his Apostles: " Blessed are ye, when men 
shall revile you, and persecute you, and shall say all manner of 
evil against you falsely, for my sake. Rejoice, and be exceeding 
glad : for great is your reward in heaven." * When we hate 
done,' says St. Austin ^7, 'all that in justice and prudence we 
could to preserve our good name, if after that some men, not- 
withstanding, will endeavour to blemish our reputation and 
blacken our character, either by false suggestions or unreason^ 
able suspicions, let conscience be our comfort, nay, plainly our 
joy, that great is our reward in heaven. For this reward i» 
the wages of our warfare, whilst we behave ourselves as good 
soldiers of Christ, by the armour of righteousness on the right 
hand and on the left, by honour and dishonour, by evil report 
and good report.* 

So much of the laws of the Church, relating to the life and 
conversation of the ancient clergy. 

CHAR III. 

Of laws more particularly relating to tlie exercise of the 
duties aiid offices of their function, 

3 clergy 1. I coniE now to speak of such laws as more immediately 
iged to related to their function, and the several offices and duties be- 

est, displicet vita sanctorum ; sive existimatione nostra, quidquid recte 

etiam cum excusatione imitantium, possumus, feceiimus; si aliqui de 

non quod vident, sed quod putant. nobis vel 'mala fingendo, vel male 

Proinde quisquis a criminibus dagi- credendo, famam nostram decolo- 

tiorum atque facinomm vitam suam rare conantur; adsit conscientise so- 

custodit, sibi bene facit: ouisquis latium, planeque etiam gaudium, 

autem etiam £amam, et in alios mi- quod merces nostra magna est in 

sericors est. Nobis enim necessa- ccelis, etiam cum dicunt homines 

ria est vita nostra, aliis fama nos- mala multa de nobis, pie tamen 

tra : et utique etiam quod aliis mi- justeque viventibus. Ilia enim mer- 

nistramuB misericorditer ad salu- ces tamquam stipendium est mili- 

tem, ad nostram quoque redundat tantium, per arma justitise, non 80- 

utilitatem. lum dextera, verum et sinistra, per 

^^ Matth. 5, II. ploriam scilicet et ignobilitatem, per 

^^ Ibid. (p. 385 e.) Ubi pro mfemiam et bonam famam. 



()f the primitive clergij. 229 

longing to it. In Bpeaking of which, because many of these 
offices will come more fully to be considered hereafter, when 
we treat of the liturgy and service of the Church, I shall here 
Bpeak chieSy of such duties as were required of them by way 
of general qnaliScatioo, to enable them the better to go through 
the particular duties of their function. Such was, in the first 
place, their obligation to lead a studious life. For since, as 
Gregory Namnzen*" observes, the meanest arts could not be 
obt^ed without much time and labour and toil spent therein, 
it were absurd to think that the art of wisdom, which compre- 
hends the knowledge of things human and divine, and com- 
prises every thing that is noble and excellent, was so light and 
vulgar a thing, as that a man needed no more but a wish or 
a will to obtain it, Some indeed, he complMna", were of this 
fond opinion, and therefore, ' before they had well passed the 
time of their childhood, or knew the names of the books of the 
Old and New Testament, or how well to read them, if they had 
hut got two or three pions words by heart, or had read a few 
of the Psahns of David, and put on a grave habit, which made 
some outward show of piety, they had the vanity to think they 
were qualified for the government of the Church. They then 
talked nothing but of Samuel's sanctification from his cradle, 
and thoogbt themselves profound scribes, and great rabbies 

^ Orat. I. Apologet. de Fug. (t. ympitiat, nai Toiis n-potrrarar' (ottfrai 

I. p. 33 b.) 'Opj(ljatat fiir ul ouX^- yhp Xiyto, np\r tf riv ff6p8opoy dwo- 

nu7 iirTi AidutriaXia jcal itaBtiirit, irkvvair6ai, cni to Trjt ^X^c °''''X1' 

mi xP^'"" >rpif Toimi itt, ical iBpa- Sira ^ jciuia 7/iiv npoatiutiaro') Sv 

TUT wx"*' "oi irimv, ml luaocir ivo ^ rpia p^/iara rSir rvxrt&ur if- 

tan^aKtir iar)* iri, uml vpoaaytrfAr lUrEqinu/Ki', jtai ravra if atorit, mm 

iaiOnriu, ml airo^fiqirai lump&ttpa, trrti^tat, $ r^ An^lS Qpa}(ia Ka$o- 

ml T ^XXa rh ftip iroi^tftu irovra, r^ fitXfjtrafuv, ^ r& rpiffaa/iov t^ irtpt^ 

ii waBtiu oZf iinmpia tniKXtr/mu' arttkaiiitSo, q fuxpi Tijt fuv^t 0iXo- 

T^ N oii^uu', ^) jroiriv nrurrorfT, Koi <7o^^<7uf«*', *iiat$itat ri ir\aa)ia hot* 

witra hi iavr^ ri maU rnXkaBoiiira S^iv ^jiiv auralc n-cptypucran-ff' ffa- 

Im .... ouTB RoC^dv n ml rmran)- fSnl rqi irpotipiat ml roO <fipor^ita- 

fwnn- npaytia uiroXij^iuAi, &m roc' Itpot (al (V <mapyaiitav S So- 

ttX^ina hi fuJKMi ml (btu iroi^v; fiov^X. tu6is iaptv irotpol Ka) SiSd- 

VoXX^f TOvTo T^r apaSiat. (ritakot Koi v^rjKot ro Qtuif koi ypap- 

* Ibid, (p.aic.) Kal ovrai /utTtWrdn-pura, laliv^wv, m!;iCfi- 

uuar iuuaiiuBa, Aart ol irXfiouc ij- porowoCuiv ijfiat alrroiis oipariovt, ml 

Itif, uia ftii Xiya irimt, irplr arso- itaXfitrBai im6 run av6pinraii 'Pa^l 

AtffAu o'vioiir r^v vpVTrjy Tplva, *al (rjrovfUi', nal objafioC 1^ ypoftpa nai 

r6 ti vmout^ i^XXiff u^ai, jrpiv irap- iravrtx dri vorjBjjvtu imvpariKos, jnxl 

ASA tit Ttkr Stiat auXit, npiir Tar X^por irXarur rh iitipara, kqI aya- 

Upmw ffi^Xmi yvmvi ical ri oripara, KMrofij^v tw, <i fi^ tr^ifSpa nraivoi- 

Fptr BW^r «al troXoiat x''P'""VP'' 1"^- 



230 Duties and offices V] 

and teachers, sublime in the knowledge of divine things, and 
were for interpreting the Scripture, not by the letter, but after 
a spiritual way, propounding their own dreams and fSekncies, iiir 
stead of the divine oracles, to the people.' This, he complains, 
was for want of that study and labour which ought to be the 
continual employment of persons who take upon them the 
offices of the sacred function. St. Chrysostom pursues this mat- 
ter a little further, and shews the necessity of continual labour 
and study in a clergyman, from the work and business he has 
upon his hand, each part of which requires great sedulity and ap- 
plication. For, first ^^, * he ought to be qualified to minister suit- 
able remedies to the several maladies and distempers of men's 
souls ; the cure of which requires greater skill and labour than 
the cure of their bodily distempers. And this is only to be 
done by the doctrine of the Gospel, which therefore required 
that he should be intimately acquainted with every part of it.' 
Then, again ^^ 'he must be able to stop the mouths of all gain- 
sayers, — Jews, Gentiles, and heretics, — who had different arts 
and different weapons to assault the truth by ; and unless he 
exactly understood all their fallacies and sophisms, and knew 
the true art of making a proper defence, he would be in dan- 
ger not only of suffering each of them to make spoil and de- 
vastation of the Church, but of encouraging one error whilst 
he was opposing another.' For nothing was more common than 
for ignorant and unskilful disputants to run from one extreme 
to another ; as he shews in tlie controversies which the Church 
had with the Marcionites and Valentinians on the one hand, 
and the Jews on the other, about the law of Moses ; and the 
dispute about the Trinity between the Arians and Sabellians. 
Now unless a man was well skilled and exercised in the Word 
of God, and the true art and rules of disputation, which could 
not be attained without continual study and labour, he con- 
cludes, * it would be impossible for him to maintain his ground, 
and the truth, as he ought, against so many subtle and wily 

^ De Sacerd. 1. 4. c. 3. (t. i. p. ivoiKtlv irkovaltas* ov yap npos €v ci- 

407 e.) *H dyvoflp, oTi Koi TrXetocri dor ij/xtv fidxTjs t) ttc^kutkcv^' aXXa 

T^s TifjitT€pas trapKOs koi vSaois Koi noLiciXos ovtos 6 irc^Xc/ior, koI cV dia- 

cVi/SovXair rovro vTr6K€iTai to o'a}fAa, <l>6p<ap <nryKpoTovfi€vos rav t^Bprnv' 

<c. r. X. oSt€ yap orrXois Siravrcs xp&vrai rolt 

^^ Ibid. c. 4. (p. 408 d.) Ai^ avToist o0rc ivl irpoafiaXXtiv fffup fi€- 

7roXXi7i' xprf TroiflaBai r^v tmovirjv, /ifX (1^x00*1 rpoir^. k,t.\, 
&(rrt tAv \6yov rov Xpiarov cV ^fiiv 



a. of the primitive clergy, 231 

opposers.' Upon this he inculcates ^^ that direction of St. Paul 
to Timothy, (i Tim. 4. 13, i j.) '' Give attendance to reading, to 
exhortation, to doctrine. Meditate upon these things : give thy- 
self wholly to them ; that thy profiting may appear to all men." 
Thirdly, he shews ^^ ' how difficult and laborious a work it was 
to make continual homilies and set discourses to the people, 
who were become very severe judges of the preacher's com- 
posures, and would not allow him to rehearse any part of an- 
other man's work, nor so much as to repeat his own upon a 
second occasion. Here his task was something the more diffi- 
eult, because men had generally nice and delicate palates, and 
were inclined to hear sermons as they heard plays, more for 
pleasure than profit. Which added to the preacher's study and 
labour ; who, though he was to contemn both popular applause 
and censure, yet was also to have such a regard to his audi- 
tory, as that they might hear him with pleasure to their edifi- 
cadon and advantage.' And^^ Uhe more famed and eloquent 
the preacher was, so much the more careful and studious ought 
he to be, that he may always answer his character, and not 
expose himself to the censures and accusations of the people.' 
These and the like arguments does that holy Father urge, to 
shew how much it concerns men of the sacred calling to devote 
themselves to a studious and laborious life, that they may be 
the better qualified thereby to answer the several indispensable 
duties of their functions. 

2. Some indeed, St. Chrysostom says, were ready to plead No pleaa 
even the Apostle's authority for their ignorance, and almost j^g°^j 
value themselves for want of learning, because the Apostle says gi©s for 1 
of himself that he was rude in speech. But to this the holy ^°"*^ 
Father justly replies**, * that this was a misrepresentation of the 

^ Ibid. 1.4. C. 8. (p.413 b.)''Aicov€ ^Hvyap ri^a avftfirj Ta>y\(y6imov yU' 

hi jcnl rf lioBtfTJ rl (f^fcip cirierrcX- pos ri tS>p irtpois irovrfOivrtav mffnj- 

Xtnr K. r. X. vcu rols \6yois airrov, n-XetWa rcov r^ 

*• Ibid. 1. 5> C. I. (p. 415 a.) . . ,Tl yp^/iara icXwttovtwv vt^lararai ovii- 

oftr Tovr6 (crriy; 6 nokw 7r6vot 6 017* k. r. X. 

wtpl r^ dtakf^tig riis Koivfj irphs rhv ^ Ibid. c.5. (p.417 d.) Kal y^ Zr 

Xa&y yivofitvag 63mkia'K6fi€vos, UpA^ Av [Srav, Sa^.J n-oXX^v eV t^ Xryciy 

TDv fitp yhp r6 irXcov rcov dp^ofiamv bvvapxv txrj .... ovde ovra> tov Trovf i- 

o&c iBikovauf «; irf^s dtdaa-KoKovs cr6at Bitip€IC&s dn^XXoicrat .... Qorc 

btWDturBtu Tvdff XtyopTog, aXXii n)y rdig (ro<f>orr€pois paKkov, tj rols dpa» 

nPT paBfiTWP t6^ virtppdims dpri- B€<rrfpois, pmi^fav 6 7r6vos, x. r. X. 
Xaufi6anwn r^ rw Aar&v t&p ip ^ ibid. 1. 4. cc. 6. et 7. tot. (p. 

TDCf Z{m&tp KmCofUptiP dyflMTi 410 d.) Ti o^p 6 Uavkds, q^ctp, ovjc 



^S Duties and offices VI 

great Apostle, and vainly urged to excuse any man's sloth and 
negligence in not attaining to those necessary parts of know- 
ledge which the clerical life required. K the utmost heights 
and perfections of exotic eloquence had been rigidly exacted of 
the clergy ; if they had been to speak always with the smooth- 
ness of Isocrates,.or the loftiness of Demosthenes, or the mar 
jesty of Thucydides, or the sublimity of Plato ; then indeed it 
might be pertinent to allege this testimony of the Apostle. But 
rudeness of style, in comparison of such eloquence, may be al- 
lowed; provided men be otherwise qualified with knowledge, 
and abiUty to preach and dispute accurately concerning the 
doctrines of faith and religion ; as St. Paul was, whose talents 
in that kind have made him the wonder and admiration of the 
whole world ; and it would be unjust to accuse him of rudeness 
of speech, who by his discourses confounded both Jews and 
Greeks, and wrought many into the opinion that he was the 
Mercury of the Gentiles. Such proofs of his power of persui^ 
sion were sufiicient evidence that he had spent some pains in 
this way; and therefore his authority was fondly abused to 
patronise ignorance and sloth, whose example was so great a 
reproach to them.' Others again there were who placed the 
whole of a minister in a good life, and that was made another 
excuse for the want of knowledge and study, and the art of 
preaching and disputing. But to this St. Chrysostom also re- 
plies ''^, * that both these quahfications were required in a priest; 

f<nrovlia<r€ ravnjv [Savil. avr^. al. ot] rw avrikwyovmv ffk€mr6utvos, aXXa 

KaTopdiaOrjval t^v aper^V k. r. X. tA tS>v d^fXcoTepa>v n\rjoo£, r6 ror- 

^ Ibid. c. 8. (p. 4i3b.)*A«cov€ de, T6fjL€vop inr €Kfivtp, 8t Av Idrj r6v 

K. T. X. — It. c. 9. (p. 414 b.) "Otok dc Jiyovfuvov ^rrrjBivTa, Ka\ ovdhf eVovra 

inrip doyfAarav ayoiu KivrJTai, Ka\ ndv' wp6s rovs avriXryovraf ccirciv, ov r^y 

Tfs dn6 T&v avT&v }id\tovTai. ypaf^S>v, mrBevtiav t^v ^Ktivov r^f fjfrrrjs, aKKit 

TToiav l(r)(vv 6 fiios ivravda cTTtdct^at ri^v rov doy/xoror alriS>vnxi <ra0p6' 

livvrjatTai, ; ri tS>v iroXkatv Sif^Xos n/ra* Koi, dta Trfv rov Ms chrtipioM, 

IdpetTtov, or h» fi§ra rovs pj6\Bovs 6 irokvs \(a>s tls tftrxarop SktBpov 

cVcivovf, anh r^r iroXX^r rif direipias KaTa(f>€p€T€U' ichv yap fiA naimj yt- 

fls alpfaiv eWccrcbv mroirx^a-Bj rov vcnrrcu rS>p tvcarriav' aXX opMs, vvip 

aoifiaTos r^r (KKkrja-ias ; ontp oVkL ^v Bapptiv €i\ov, d/i^i/SaXXetv dyay- 

froXXovr vaBdvras rya>* ttoiov avr^ Ka^ovrai,' koi ols pera TrloTfiot Trpotr- 

K€pbos TTJs KapT€pias; ovdev' &<nr€p ^((rav dkXwovs, ovk crt /xcrd r^s av^ 

oZv ovbi vyiovs wiarecos, ttjs jtoXi" ttjs bvuavrai irpoa(X€iv oTfpp&njros' 

Ttias bi€<l)Bapp€vrjs' Ai^ dn ravra dX\a Tocavrrj CdXrj r»v €K€ivt»v (lata- 

pakiara ttovtop €p.n(ipov fiwu del KiCtrai yfn/xoHs, dw6 r^s tfrnji rov 

tS>v ToiovTCiv dyaptoVf t6v bidd<TK€iv bUiaaKoXov' w Koi ct£ pavdyMv re- 

Tovs akkovs Xayovra' €l yap Kal av- Xcvrjjo'cu tA xaxdv, 
t6s (ortjKtv cV atrifxikfi^, firjdiv vir6 



of the primitive clergy. SSS 

he must not ovij do, but teach the commands of Chiist, and 
guide others by his word and doctrine, as well aa his practice : 
each of these had their part in his office, and were necessary ta 
aaeiflt one another, in order to consummate men's edification. 
For otherwise, when any controversy should arise about the 
doctiines of religion, and Scripture was pleaded in behalf of 
error ; what would a good life aTail in this case ? What would 
it signify to have been diligent in the practice of virtue, if after 
all a man, through gross ignorance and unskilfulness in the 
Word of Truth, fell into heresy, and cut bimsclf off from the 
body of the Church ? as he knew many that had done so. But 
admit a man should stand firm himself, and not be drawn away 
by the adversaries ; yet when the plain and simple people who 
are onder his care shall observe their leader to be baffled, and 
that he has nothing to say to the arguments of a subtle opposer, 
they will be ready to impute this not so much to the weakness 
(^ the advocate as the badness of his cause : and so, by one 
man's ignorance, a whole people shall be carried headlong to 
utter destruction ; or at least be so shaken in their ftuUi, that 
they shall not stand firm for the future.' St. Jerom" gives 
also a smart rebuke to this plea, telling hb clerk ' that the 
plain and rustic brother should not value himself upon his 
sanctity, and despise knowledge ; as neither should the artful 
and eloquent speaker m^ure his holiness by tus tongue. For 
thongh of two imperfections, it was better to have a holy igno- 
rance than a vicious eloquence; yet to consummate a priest, 
both qnalifications were necessary, and he must have know- 
ledge aa well as sanctity to fit him for the several duties of his 
function.' Thus did those holy instructors plead ^^nst igno- 
nnce in the clergy, and urge them with proper arguments to 
engage them upon a studious life, which was the only way to 
ftamish them vrith suffident abilities to discharge many weighty 
duties of their function. 
8. Bnt it was not all sorts of studies that they equally re- Thrir <±i 



*^ Ep.3.[al.53.]ftdNepotiaii.(t.i. tatem. Multotjue meliuB eat e dua> 

p. 36a d.) Nee nuticna et Umen bus imperfectis nisticiutem sanc- 

mmpLai frater ideo ae aanctum pu- tam batwre, quam eloquentiam pec- 

tet, n nihil noverit : dk peritus et catricem. 
doqanii is liugm mtimet lancti- 



234 



Duties and offices 



VI, 



9eriptnres, being the fountains of that learning: which waa most proper for 
irored wn- thoir calling, and which upon all occasions they were to make 
^"•"J'f-use of. *For,' as St. Chrysostom*® observes, *in the way of 
i^wch. administering spiritual physic to the souls of men, the Word 
of God was instead of every thing that was used in the cure of 
bodily distempers. It was instrument, and diet, and air ; it was 
instead of medicine, and fire, and knife ; if caustics or incisions 
were necessary, they were to be done by this ; and if this did 
not succeed, it would be in vain to try other means. This was 
it that was to raise and comfort the dejected soul, and take 
down and assuage the swelling tumors and presumptions of the 
confident. By this they were both to cut off what was super- 
fluous and supply what was wanting, and do every thing that 
was necessary to be done in the cure of souls. By this all 
heretics and aliens were to be convinced, and all the plots of 
Satan to be countermined : and therefore it was necessary that 
the ministers of God should be very diligent in studying the 
Scriptures, that the word of Christ might dwell richly in them.' 
This was necessary to qualify them especially for preaching ; 
since, as St. Jerom *^ rightly notes, ' the best commendation of 
a sermon was to have it seasoned well with Scripture rightly 
applied.' Besides, the custom of expounding the Scripture 
occasionally, many times as it was read, required a man to be 
well acquainted with all the parts of it, and to understand both 
the phrase and sense, and doctrines, and mysteries of it, that 
he might be ready upon all occasions to discoiu*se pertinently 
and usefiilly upon them. And to this purpose some canons 
appointed^, * that their most vacant hours, the times of eating 



*8 De Sacerd. I. 4. c. 3. (t. i. p. 
407 e.) TovTO Sfyyavov, tovto rpotf)^, 
TOVTO dfpav Kfuwis dpiarrf* rovro 
am (fyapfioKov, tovto avri 7rvp6s, 
TOVTO ovtI ai6ripov' k^ Kavfrcu biji 
Koi T€fA€ip, TOVT*p XPV^^^^^ avoyKTj' 
K^p TOVTO firjbiv Icxyajj, ircarra oivf' 

TM TO, Xotfra* TOVT^ Kal K€lfl€VlJV 

€y(ipofi€V, Koi <fikryyLaivov<ray koto-' 
ariXXofuv ttjv '^^V)(^p, Kat to WfpiTrA 

ITfplKOnTOpLtP, Koi TO. XflTTOPTa trXi^- 

povfifv, Koi TO SXXa iiTovTa €pya(6' 
fi€6a, 6(ra cir t^p ttjs yjrv^^g vyitiap 
flpLiP fTVPTtkfC irp6s flip yap fiiov 
KoraoTaaiP dplimip, fiios tTtpo£ th 
t6p Iirop hf ipayayoi CSjXop' Hr hv dc 



7r€p\ d6y flora poo^ ^ ^X^ ^^ y6Ba, 
TToW^ Tov X&yov ipTavBa rj XP^^^» ^ 
frp6s T^p tS>p olxticDP do<f>6X€tap fi6^ 
POP, aKka fcal irp^r tov£ t^o^tp nokt" 
fiovs, — Ibid. c. 4. (p. 408 c.) Ai6 
iroXK^p xprj Troccio^eu r^v onovbrjp, 
&aT€ TOP Xdyov tov Xptorot; cV ^filp 
€POiK(ip irXovfriox. 

*^ Ep. 2. ut supr. (t I. p. 261 b.) 
Sermo presbyteri Scripturarum lec- 
tione conditus sit. Nolo te decla- 
matorem esse et rabulam, garru- 
lumque sine ratione, sed mysterio- 
rum peritum, &c. 

«> C. Tolet. 3. c. 7. (t. 5. p. 101 1 a.) 
. . Quia sclent crebro mensis otioaae 



of the primitive clergy. S9ff 

od drinking, should not pass without some portion of Scrip- 
ore read to them ; partly to exclude all other trifling and un- 
«ceasary discourse, and parti; to afford them proper themes 
lud Bubjecta to exercise thcmaelTes upon to edilicatioii and ad- 
"uitage.' St Jerom^' commends his friend NepotJan for this, 
that at all feaat£ he was used to propound sometiiing out 
■f the Holy Scripture, and entertain the company with some 
uefal disquiratibn upon it. And, next to the Scriptures, he 
ffiployed his lime upon the study of the beat ecclesiastical au- 
hors, whom by continual reading and frequent meditations he 
lad so treasured up in the hbrary of his heart, that he could 
epeat tJieir words upon any proper occasion, saying. Thus 
pake Tertullian, thus Cyprian, so LactonUus, after this manner 
lilary, so Mioucius Felix, so Victorinus, these were the words 
<f Amobius, and the like.' But among ecclesiastical writings, 
be Canons of the Church were always reckoned of greatest 
lae; as coat^ning a summary account not only of the Church's 
iiacipline, and doctrine, and government, but also rules of life 
nd moral virtues ; upon which account, as some laws directed 
bat the Canons should be read over at every man's ordination, 
o others^ required the clergy ailerward to make them part 
if their constant study together with the Holy Scripture. For 
he Canons were then a sort of directions for the pastoral care, 
od Uiey had this adrant^e of any private directions, that 
hey were the pubhc voice and rubrics of the Church, and so 
inch the more carefully to be read upon that account. In 
fter-ages, in the time of Charles the Great, we find some laws^ 

ibnlE interiMiiii, in oinni sacerdo- I>6l C.) Nutli Gpiscopo lice&t Cuio* 

ifi convivio lectio Scripturaruin dU nee, aut librum Putoralem a beato 

Enanun mitceatur: per hoc enim Gregorio papa editum, si fieri potest, 

; ■wimp Kdificantur in bonum, et ignorare, m qnibus ae debet unus- 

ibulte non neceiBaris prohibentur. quisque, qua«i in qnodam Bpeculo, 

'■ Eptapb. Nepotian. Ep. 3. ad adudue conBiderare. — C.Cabillon.a. 

leliodor.[al. Ep.60. VirtutM Nepo- e. i. (ibid. p. 1373 c.) . . lUas Serip- 

ini.] (t. I. p. ^6 d.) Sermo qua taras notiasimas habeant, que ca- 

sr amne connvium de Scripturia nonicx appellantar, et earum aen- 

janid proponere, &c. sum per patnun tractatua inquirant. 

^C.ToIet.4.c.35.[t.4.p.i^i3d.) CanoncB quoque intelligant et Li- 

riant igitur RBCerdotea Scnpluraa brum beati Gregorii papte de Cura 

metae.et Canonet [meditentur], .. PasVrali: et secundum formara ibi- 

t Kdificent cnnctoa tatn fidei aci- dem constitutam et rivant et pne- 

itia, gnam openun diaciplina. diceat. 

" C. Tunra. 3. c. 3. (t. 7. p. 



S36 



Duties and offices 



VI 



obliging the clergy to read, together with the Canons, Gre- 
gory's book De Cura Pastorali. 
low fiur 4. As to other books and writings, they were more cautious 

f heathen *^^ sparing in the study and use of them. Some canons^ 
ir heretical forbad a bishop to read heathen authors. Nor would they 
Uowed. allow him to read heretical books but only upon necessity, that 
is, when there was occasion to confute them, or to caution 
others against the poison of them. But the prohibition of hea- 
then learning, though it seem to be more peremptory, was to 
be understood likewise with a little qualification. For men 
might have very different views and designs in reading heathen 
authors. Some might read them only for pleasure, and make a 
business of that pleasure, to the neglect of Scripture and more 
useful learning; and all such were highly to be condenmed. 
St. Jerom^* says of these, * that when the priests of God read 
plays instead of the Gospels, and wanton bucolics instead of the 
Prophets, and loved to have Virgil in their hands rather than 
the Bible, they made a crime of pleasure, and turned the ne- 
cessity of youthful exercise into a voluntary sin.' Others could 
not relish the plain and unaffected style of Scripture, but con- 
vei*sed with heathen orators, to bring their language to a more 
polite or Attic dialect. And these also came under the censures 
of the Church. It is remarkable what Sozomen^* tells us of 
Triphyllius, a Cyprian bishop, (who was one of these nice and 
delicate men who thought the style of Scripture not so elegant 
as it might be made), that having occasion, in a discourse before 
Spiridion and some other Cyprian bishops, to cite those words 
of our Savioiu*, ^Apov a-ov t6 Kpipparov koX TT€pnriT€i, Take up 



^ C. Garth. 4. c. 16. (t. 2. p. 1201 c.) 
Ut episcopus gentilium libros noa 
legat; haereticorum autem pro ne- 
cessitate et tempore. 

^ £p. 146. [al. 21.] ad Damas. 
de Fll. Prod. t. 3. p. 129. (t. i. p. 
75 e.) .... Saceraotes Dei, omissis 
Evangeliis et Prophetis, videmus 
comcedias legere, amatoria bucoli- 
corum versuum verba canere, Vir- 
gilium tenere ; et id quod in pueris 
necessitatis est, crimen in se facere 
voluptatis. 

^ L. I. c. II. (v. 2. p. 23. 40.) 



SvMi^eoDp anrtkovfuvrft, cVirpo^ir 
TpK^vXXtoff Md^ t6 nXrjBos, circl 
t6 prjrhv €Ktlvo 7rapay€tp fh fi*ao¥ 
ibirjtn, T6*Ap6v aw t6v Kpa0fiaTO9 
Ka\ TTcpcfrarct, aKifinoda dvrl rod 
Kpafifidrov fi€Tti^aK»v r6 Svofia ctirc* 
Koi 6 SfTvpidtty ayav€ucTria-as, Ov trvyt, 
^(fifj, dfidviov Tov Kpa^arov €lprjK6' 
Tos, ori rals axtrov Xc^crtp incuaxvvn 
KfXpfjo'Bcu* Koi rovTo ciTroav, mrar^' 
dTja'€ TOV UpariKov Bpovov, tov Brjfxov 

6pS>VT0S' TQVTJJ y€ fUTpidC€lV fTOi- 

htv<ov t6v roiff Xoyocf vif^pviapivov. 



oftJn' iu'lmltirv c/f rfj(/. 






titff h*d and iralk\ he wuiild not ii>r the woi'd Kpaflfiaror, but 
instead of it put (TKlfjLTsoba^ as being a more elegant word in his 
opinion. To whom Spiridion, with an holy indignation and 
zeal, replied, " Art thou better than He that said Kpififiarov, 
that thou shouldest be ashamed to use his words T' thereby 
admonishing him to be a little more modest, and not give 
human eloquence the preference before the Holy Scriptures. 
Another sort of men conversed with heathen authors rather 
than the Scriptures, because they thought them more for their 
turn to arm them with sophistry to impose their errors upon 
the simplicity of others. As the anonymous author in Euse- 
bius^, who writes against the Theodosian heretics, observes of 
the leading men of that party, * that, leaving the Holy Scrip- 
tures, they generally spent their time in Euclid and Aristotle, 
Theophrastus and Galen; using the quirks and sophisms of 
infidel writers to palliate their heresy, and corrupt the sim- 
plicity of the Christian faith.' Now in all these cases, the 
reading of heathen authors for 'such unworthy ends was very 
disallowable, because it was always done with a manifest ne- 
glect and contempt of the Holy Scriptures, and therefore upon 
such grounds deservedly forbidden by the canons of the 
Church. But then, on the other hand, there were some cases, 
in which it was very allowable to read Gentile authors, and the 
Church's prohibition did not extend to these. For sometimes 
it was necessary to read them, in order to confute and expose 
their errors, that others might not be infected thereby. Thus 
St Jerom*7 observes of Daniel, * that he was taught in the 



•• L. 5. c. 28. (v. I. p. 254. 3.) 

KoroXifftWffff dc rhs ayiat rod 6coi) 
ypad^, y€»fUTpUaf ifrirrfbtvovaiv, 
•r Or Cfc rrjs y^s 6pTfs, Ka\ ck rrjs yrjs 
Xa)uwwT€9, Koi r6u StnoBtv ip-x^ptvov 
QymKnhmt. Eificktidfis yovy irapd rt- 
mp avT&p tfnK<m6¥fai ytafifTpflTcu' 
'ApumriXiit dc koi &€6^p€iaros 6av' 
lut[ointu' TaXrjy6s yap Itrms \m6 rivnv 
mk wptHrKvytiTtu' ol dc rats rav oir/- 
OTmr TYXMUff Wff Ttfv TTJs a2p€(rcoi>£ av- 
nfir yyd^fup awoxp»pnfoi, koi tj t&v 
aBitw fFOPOvpylq n^v dfrX^i^ r&v 0ti»v 
Ypa/bSnf wUrnv KamjKtvovTfs' Sri fiff 
w tyyvs wiimȣ vndpxovo'i, ri dci 
mi Xryriy; 
•7 In EHm. c. i. (t. 5. p. 625 c.) 



Qui de mensa regis et de vino potus 
ejus non vult comedere ne poUua- 
tur; utique si sciret ipsam sapien- 
tiam atque doctiinam Babylonioruin 
esse peccatiun, nunquam acqui- 
esceret dicere, quod non licebat. 
Discunt autem, non ut sequantur, 
sed ut iudicent atque convincant. 
Quomodo si quis adversus mathe- 
maticos velit scribere, imperitus fia- 
BrjfiaTos, risui pateat, et adversum 

Shilosophos disputans, si i^oret 
ogmata philosophorum. Discunt 
ergo ea mente doctrinam Chaldseo- 
rum, oua et Moyses omnem sapien- 
tiam iEgyptiorum didicerat. 




838 



Duties and offieeB 



Mi 



knowledge of the ChaUUoans, and Moses in all the wisdom of 
the Egyptians ; which it was no an to learn, so long as thej 
did not learn it to follow it, but to censure and refute it^' St 
Ambrose ^^ says, ' he read some books that others might not 
read them ; he read them to know their errors, and caution 
others against them.' This was one reason why sometimes 
heathen writers might be read by men of learning, in order to 
set a mark upon tliem. Another reason was, that many of them 
were useful and subservient to the cause of religion, either for 
confirming the truth of the Scriptures, and the doctrines of 
Christianity, or for exposing and refuting the errors and vani- 
ties of the heathens themselves. Thus St Jerom^ observes, 
' that both the Greek and Latin historians, such as DiodoroB 
Siculus, Polybius, Trogus Pompeius, and livy, are of great use 
as well to explain as confirm the truth of Daniel's prophecies.' 
And St. Austin 70 says the same of the writings of Orpheus and 
the Sibyls, and Hermes, and other heathen philosophers, ' that 
as they said many things thaf were true both concerning God 
and the Son of God, they were in that respect very serviceable 
in refuting the vanities of the Gentiles.' Upon which account 
not only St. Austin and St. Jerom, but most of the ancient wri- 
ters of the Church, were usually well versed in the learning of 
the Gentiles, as every one knows that knows any thing of them. 
St. Jerom, in one short Epistle 7 1, mentions the greatest part of 
those that lived before liis own time, both Greeks and Latins, 
and says of them all in general, that their books are so filled 



•8 L. I. in Luc. Prooem. c. i. v. i. 
(t. I. p. 1265 d.) Legimus aliqua, ne 
legantur; legimus, ne ignoremus; 
legimus, non ut teneamus, sed ut 
repudiemus. 

«w Prolog, in Dan. (t.5. p. 622.) Ad 
intelligendas extremas partes Dani- 
elis, multiplex Grsecorum historia 
necessaria est. . . £t si quando cogi- 
mur literarum ssecularium recordari, 
et aliqua ex his dicere quae olim omi- 
simus; non nostne est voluntatis, 
sed, ut ita dicam, gravissimse neces- 
sitatis. Ut probemus ea, quse a 
Sanctis Prophetis ante multa saecula 
prsedicta sunt, tarn Grsecorura quam 
Latinorum et aliarum Gentium lite- 
ris contineri. 



I 



70 Cont. Faust. 1. 13. c. 15. (t. 8. 
. 260 a.) Sibylla poiro, vel Sibyl- 
le, et Orpheus, et nescio quis Her- 
mes, et si qui alii vates, vel theo- 
logi, vel sapientes, vel philosophi 
gentium de Filio Dei, aut de Patre 
Deo vera prsedixisse seu dixisse per- 
hibentur; valet quidem aliquid ad 
Daganonim vanitatem revincend«un, 
&c. 

7» Ep. 84. fal. 70.] ad Magn. (t. 
I. p. 427 c.) In tantum pbilosopho- 
rum doctrinis atque sententiis suos 
referciunt libros, ut nescias quid in 
illis primum admirari debeas, eru- 
ditionem sseculi, an scientiam Scrip- 
turarum. 



5- (>t tJtt pi'Linit, rt- chi'<lil. ^o9 

^vith tlie sentences and (>}>inl<>ns of jihilnxiplici'^. that it is liard 
to say which is most to be adniii^eJ, their secular learning, or 
their knowledge in the Scriptures. And herein is comprised 
the plain state of this matter ; — ^the clergy were obUged, in the 
first place, to be very diUgent in studying the Scriptures, and 
after them the Canons and approved writers of the Church, ac- 
cording to men's abilities, capacities, and opportunities ; for the 
sune measures could not be exacted of all. Beyond this, as 
there was no obligation on them to read human learning, so 
there was no absolute prohibition of it ; but where it could be 
made to minister as an handmaid to divinity, and not usurp or 
encroach upon it, there it was not only allowed, but conunended 
and encouraged. And it must be owned, that though the abuse 
of secular learning does sometimes great harm, yet the study 
of it rightly applied did very great service to reUgion in the 
primitive ages of the Church. 

5. From their private studies pass we on next to view them Of their 
in their more public capacities, as the people's orators to God, dOTotiwi 
and Qod's ambassadors to the people. In regard to which their pul 
offices and character, I have shewed before 7^, they were es-|;oQ^ 
teemed a sort of mediators, in a qualified sense, between God 
and men. In all their addresses to God as the people's orators 
their great care was to offer all their sacrifices and oblations of 
prayer and thanksgiving in such a rational, (Recent, and be- 
coming way, as best suited the nature of the action ; that is, 
with all that gravity and seriousness, that humility and re- 
verence, that application of mind and intenseness and fervency 
of devotion, as both became the greatness of that Majesty to 
whom they addressed, and was proper for raising suitable* af- 
fections in the people. This is the true meaning of that famous 
controverted passage in Justin Martyr's Second Apology, where, 
describing the service of the Church, and the manner of cele- 
brating the eucharist, he says 73, «the bishop sent up prayers 
and praises, Sai] hivayns, with the utmost of his abilities to 
God.' Some misconstrue this passage, and interpret the abilities 
of the minister officiating so as if they meant no more but his 
invention, expression, or the like ; making it by such a gloss to 



/ 



S40 



Duties and ajfiees 



VL 



become an argument against the antiquity of public liturgies, 
or set forms of prayer ; whereas indeed it signifies here a quite 
different thing, yiz. that spiritual vigour, or intenseness and 
ardency of devotion, with which the minister offered up the 
sacrifices of the Church to God; being such qualifications as 
are necessary to make our prayers and pr»ses acceptable unto 
Him, who requires them to be presented with all our soul and 
might ; which may be done in set forms, as well as any other 
way. And so Gregory Nazianzen and Justin Martyr himself 
use the phrase Scrri bvifoiu^, where they speak of set forms of 
praising and serving God ; of which more hereafter in its pro- 
per place. St. Chrysostom74 is very earnest in recommending 
tliis same duty to the priests of God, under the name of (rmnHii 
and €i\ifi€ia, care and reverence. 'With what exact care/ says 
he, ' ought he to behave himself, who goes in the name of a 
whole city, nay, in the name of the whole world, as their orator 
and ambassador to intercede with God for the sins of all ? But 
especially when he invocates the Holy Ghost, and offers up t^i' 
<f)piK(»>b€<rriTrjv OvaCav, tlie tretnendoue sacrifice of the altar; 
with wliat purity, with what reverence and piety, should his 
tongue utter forth those words; whilst the angels stand by him^ 
and the whole order of heavenly powers cries aloud, and fills 
the sanctuary in honour of Him, who is represented as dead, 
and lying upon .the altar V Thus that holy Father argues with a 
warmth and zeal suitable to the subject, and such as is proper 
to raise our devotion, and kindle our affections into an holy 
flame, whenever we present the supplications of the Church on 
earth to the Sacred Majesty of heaven. 
^^' 6. And this ardency of devotion was continually to be che- 
;lect. rished and preserved. To which purpose the Church had her 



74 De Sacerd. 1. 6. c. 4. (t. i. p. 
424 a.) Top yap imtp oXrjs rrjs ?ro- 
\((os' Koi rl Xcyo) ttAcox; ndtnjs 
fxfu oZv TTji olKovptvrji n'p(0'^cvovra, 
Koi b€6ptvov Toii andirroiP afAopriais 
iX«op y€P((rdcu t6v Q€6v .... 67roi6v 
Tiva f (vai XPV ; • • • • ^r* Ay dc Koi t6 
Uvfvpa t6 Ay lov Kokjj, koi ttjv (fypi' 
KabtfTTarriv cVireX^ Ovalav, koi tov 
Koivov irdtrrtav avu()(^Sts €(f>a7rnjTai Ae- 
ottStov, irov rd^ofxtv avrbv, tlirt /xot ; 
nooTjv dc avT6v airair^cro/uicv KaBapo" 



yap, oTToias rd^ ravra BioKovovfiepas 
Xftpos ctvoi XPI* ojroiav r^v yXarray 
rnv €K€iva irpoxfovaap rd prffiara' 
TLPOs dc ov KaBaporrfpap Kai ayioorc- 
pap, rrjp roaovro irptvpa v7roB€^afU' 
vijp ^xi^> ^*^ *°* SyytXoi rrapc- 
arr^Kaai r^ <fpci> kqi ovpapitap dv^a- 
fi€u>p cLnap rdyfAa /So^* koi 6 irtpi t6 
OvaiaoTTiptop nXijpovrai roiros tls Trjv 

Tip.ijP TOV K€lfl€POV. 



E, 7- of tite primitive clergy. 241 

dail^ sacrifices whereTcr it vbb possible to faare thorn ; and on edtlie<Iailr 
these every clergyman waa indispensably obliged to attend ; ^^^njii 
and that under pain of suspension and deprivation, whether it 
was his duty to officiate or not. For so the first Council of 
Toledo^* determined for the Spanish Churches, ' that if any 
presbyter or deacon, or other clerk, should be in any city or 
country where there was a church, and did not come to church 
to the daily sacrifice or service, ho should no longer be reputed 
one of the sacred function.' The Council of Agde '^ orders such 
to be reduced to the communion of strangers, which at least 
implies suspension from their office. And the law of Justinian-' 
punishes them with degradation, because of the scandal they 
give to the laity by such neglects or contempts of divine ser- 
vice. So carefiil were the ancient lawgivers of the Church to 
cut off all indecencies and abuses of this nature, and make the 
clergy provoking examples of piety to the people. 

7. Next to their office in addressing God as the people's Rulea^bont 
orators, we are to view them as Ood'a ainbasmdors, addressing J^^^ 
themselves in his name to the people. Which they did by public tion- 
preaching and private application : in both wliich their great 
care waa to perform the duty of watchmen over God's flock, 
and of good stewu^ over his household. In their preaching, 
their only aim was to be the edification of the people. To 
which purpose the great masters of rules in this kind, Gregory 
Nazliuizen, Chrysostom, and St. Jerom, lay down these few 
directionB: 

First, that the preacher he careful to make choice of an 
useful subject. Gregory Nazianzcn^* specifics the rule in some 

^ C. 5. (t. a. p. 1334 b-) Preebj- temque recipiant. 
to*, vel cuacoDiu, qui intra civilatem '^ Cod. I. 1 . Ut. 3. de EpUc. leg. 

fonit, pel in loco in quo eccletia 41. n. 10. {t. 4, p. 1 13.) . . . Kal row 

at, ai in ccclariBm ad aaciilicium fiti tipirrKonirovt a/iiinmis rait Xci- 

qnotidiaimm. Don veserit, clericua rovpyiait npoaitapnpoirrat, f$a roC 

WHl babeatnr. nXnpau KoBiaraaCiu [((XtuafMi']. 
?■ C. 9. (t 4. p. 1383 b.) CoQtu- '8 Oral. 1. Apologet. de Fug. (I. 

a vero derici, prout dignitBCig i. p. 15 A.) 'Epii S* oiv irpayna ipai- 

rmiaerit, ab epiacopia corn- ttrtu, 011 rat ^ocXonirur, oUtc oKt- 

: et ai qui prioria gradua yov rou imufuirac, jtSctwu uTd mu- 

lionem for- ptiv Uairrif toC X^fm ri mniUrfiior, 

_,_ , , t ecdesiatn koI ohoraiiuii iy xpiirti Tr)v oKiiBiiav 

fc«qaentan, vel officium auum im- ™i< ^furipur Soyparav, otra ittpi 

plen neglexeriut, peregrhta eia com- Kwnttv tj uSa-iiov jn<j)iXaa6<ln]Tai, 

mn|uo tribnatnr : ita ut, cum eoa n-ipl uXijt, nipi y^vx^t, vtpi vnO kiu 

pcenitnilia correxerit, rescnuti in rSiy votpSai tfivmtip, iStXmJnw t( koI 

nutncnla gradum auum dignita- X'"P^'""'> '"P' ^' ''^ itana truvitov- 
BIXGHAM, VOL. U. B 



24« Duties and offices VI 

particular instances, such as the doctrine of the world's crea- 
tion, and the soul of man ; the doctrine of providence, and 
the restoration of man; the two covenants ; the first and second 
coming of Christ, his incarnation, sufferings, and death ; the 
resurrection, and end of the world, and future judgment, and 
different rewards of Heaven ajid Hell ; together with the doc- 
trine of the blessed Trinity, which is the principal article of the 
Christian faith. Such subjects as these are proper for edifica- 
tion, to build up men in faith and holiness, and the practice of 
all piety and virtue. 

But then, secondly, they must be treated on in a suitable 
way; not with too much art or loftiness of style, but with great 
condescension to men's capacities, who must be fed with the 
word as they are able to bear it. This is what Gregory Nazi- 
anzen79 go much commends in Athanasius, when he says, ' he 
condescended and stooped himself to the mean capacities, whilst 
to the acute his notions and words were more sublime.' St. 
Jerom^o also observes upon this head, * that a preacher's dis- 
course should always be plain, intelligible, and affecting ; and 
rather adapted to excite men's groans and tears, by a sense of 
their sins, than their admiration and applause, by speaking to 
them what neither they, nor he himself perhaps, do truly un- 
derstand. For it is ignorant and unlearned men chiefly that 
affect to be admired for their speaking above the capacities of 
the vulgar. A bold forehead often interprets what he himself 
does not understand ; and yet he has no sooner persuaded 
others to they know not what, but he assumes to himself the 
title of learning upon it. When yet there is nothing so easy as 
to deceive the ignorant multitude, who are always most prone 

oTjs Tt Koi bu(ayov(n}s Trpovoias^ ova ^^ Orat. 21. de Laud. Athanas. 

T< Kara \6yov dirtiVT^p doxct, ical 5(ra (ibid. p. 396 d.) . . . . Ile^^ff rols to- 

irapa \6yov r^v Kara koi t6u dvBpoi' frcivorcpots', v^Xdrtpos rotf /i€Tf«»- 

mvoV Zri T€ oaa irepl r^sr npiaTTjs poripois .... 

riyLOiv (rvardaiciis koi rrjs TcXcvratat ^ £p.a. [al.5a.]ad Nepotian.(t.l. 

dvanXcur€o>£, rxmav rt Koi dXrjBtias p. 261 b.) Docente te m ecclesia, 

Koi di€i$ijKS>p, Koi XptoToO napovcias non clamor populi, sed gemitus sus- 

irpomjs T€ Koi dtvTtpai, a-apKaHrtas citetur; lacrymae auditorum laudea 

re Kcu iradripdrav, koI dvaKvatcis' tuse sint. . . . Celeritate dicendi apud 

Sa-a re frcpi avacrraoreo);, ntpl t€\ovs^ imperitum vulgus admirationem sui 

TTtpl Kpia-€a>s Koi dvTajrob6o'€a>s o-kv- facere indoctorum hominum est. 

Opumoripas re Koi €vbo(oT(pas' t6 Attrita frons interpretatur siepe 

K«f)d\<uou, oaa n€p\ Ttjs dpxiicrjs koX quod nescit ; et, cum aliis penua- 

^atKiKfjs Koi fuiKapias Tpiador imo- serit, sibi quoque usurpat scien- 

Xi/nTcW *c. T. X. tiam. 



of the primitive clergy. 243 

to admire wliat they do not understand.' Upon this account, 
St. ChiysoBtom" spends ahnost a whole book in cautioning the 
ChristiaD orator agwnst this failing ; ' that he should not be 
intent on popular applause, but with a generous mind raise 
lumself above it; seeking chiefly to advantage hia hearers, and 
not barely to delight and please them. To this purpose,' he 
concludes, ' it would be necessary for him to despise both the 
applauses and censures of men, and all other things that might 
tempt him rather to flatter his hearers than edify them.' In a 
word, ' his chief end in all his composures should be to please 
God*': and then, if he also guncd the pnuae of men, he might 
receive it ; if not, he needed not to court it, nor torment him- 
self that it was denied him. For it would bo consolation enough 
for all his labours, that in adapting his doctrine and eloquence 
he had always sought to please his God.' 

Thirdly. A third rule pven in this case was, ' that men 
should apply their doctrine and spiritual medicines according 
to the emergent and most urgent necessities of their hearers. 
Which was the most proper duty of a wat«hmaQ, to perceive 
with a quick eye where the greatest danger lay ; which was 
men's weakest and most unguarded side ; and then apply suit- 
able remedies to their maladies and distempers.' St. Chryso- 
stom*3, in speaking of this part of a minister's duty, says ' he 
ihonld be V7f<f)iXtos icol dtoparuntc, watchjwl and perspicacious, 
«nd have a thousand eyes about him, as living not for himself 
alone, but for a multitude of people. To live retired in a cell 



« De Sacerd. 1. 5- c. 1. (t. i. p. i^^'u) ,i ^h «r<u»:r(u «il itapi. 

41 g d.) Ttrndat em tti K^vravOtt ray arOpamnv, ^i) iuutimviiiCto ri 

"wjpjt, Kai itdXu t^p TjiiFnptw inrtp- ryru/ua' /i^ rraprx^rrear Si a^rh Tav 

peiioum a/iuipSTrpa' imi t^v onu- aKpoaraai, ftij CijrttTa, fiifftc aXyfiV«>' 

rov col ay^ t Xj TW irX^Awr ^^rrjv htayit yip avr^ irapiuivSia ru»' novtaVf 

uiXa£i7, col wpie rd i^Xt/iJmpov tai jrdirtav fui'^oM', 3r' Ax JavTf m/ir- 

fUToyir ttvwrfTOi tijr axp6aiTtr' air «tS(Hu Sunrrat, npii ipiamuir rou 

■in rdv Xaiv irtirOai Koi tUiw, &iov cnvrifldf nai puBulCur rr/r dt- 

AXd /li) atrbr rir iK*lm» ^jxirftu iaaniikia*, 

inAifilau. Tovrou Si oifhifiar itrra ** Ibid. 1. 3. C. 13. (p. 589 b.) . . . 

Iwtrvjni't iftX' 5 8iA twrou" tow du- NTi^iaXuiii ttroi Bri ri» upta, Kol iio- 

MP, r^ n rwc Amintf lntipo<^uit, paruiy, xai nvptovt jrayraxiSiii »- 

oal ™ w rf ytyrw Svkuuhc. kttjit^ rait d^AiXfuJui' cat oii)( 

^ IWd. C, 7, (p. 419 D.) 'Ep- iavT^ jmJwk, dXXd mi irX^i foiiTa 

yafilfirvD* Ti>^ Xmovt, Bt b optoiu i-oovvry, k. r. X. — Conf . 1. 4 >*'' > <■* 
fy 0(V> (ofoof yip airr^ nordw col . . a \ .~ 

Spot tarm iiAntt r^t ipumft Ajfu- 
oofyiai tniwrnr" /m^ KpAnn, fii]3> <£• 



244 Duties and ofices 



vid 



is the business of a monk ; but the duty of a watchman is to 
converse among men of all degrees and callings ; to take care 
of the body of Christ, the Church, and have regard both to its 
health and beauty; curiously observing lest any spot or wrinkle 
or other defilement should sully the grace and comeliness of it 
Now this obliged spiritual physicians to apply their medidiies, 
that is, their doctrines, as tiie nudadies of their patients chiedr 
required; to be most earnest and frequent in encoontering 
those errors and vices which were most reigning, or which men 
were most in danger of being infected by.' And this is the rea- 
son why, in the homilies of the Ancients, we so often meet widi 
discourses against such heresies as the world now knows m- 
thing of; such as those of the Marcionites and Manichees, and 
many others, which it would be absurd to combat now in po- 
pular discourses ; but then it was necessary to be done, because 
they were the prevailing heresies of the age, and men were in 
danger of being subverted by them. And it is further ol)serva- 
ble, that the most formidable heresies and prevailing factions, 
such as that of the Arians, when armed with secular power, 
could never either force or court the Catholic preachers into 
silence, to let the wolves devour the sheep by such a tame and 
base compliance. In this case no worldly motives could pre^ 
vail with them, when they saw the danger, not to give warning 
of it. Tliey thought they could not otherwise answer the cha^ 
racter of watchmen, and stewards of the mysteries of God, since 
it was required in stewards that a man be found faithful. 
>f fidelity, 8. But their fidelity was not only expressed in their public 
Ddpru!* discourses, but also in their private addresses and applications 
cnce, in to men, who had either cut themselves off from the body of 
reaaes and Christ by heresies and schisms, or by their sins made them- 
pplica- selves unsound members of the body, whilst they seemed to 
continue of it. With what fidelity and meekness and diligence 
they addressed themselves to the former sort, we may learn 
from the good effects which their applications often had upon 
them. Theodoret tells of himself, in one place ®^, that he liad 
converted a thousand souls from the heresy of the Marcionites, 

^ £p. 113. ad Leon. (t. 4. part. 7, froXXoi^f dc SkXovt cV rrjg *Apr/ov koI 

p. 1 1 90.) Trjf deias yuoi )(dpiTos trvv^ Evpofiiov avfAfJtopUig npoarfyayop r^ 

tpyrjaatnjt ttXciovp fAtp fj x*^^^ ^~ d«nr6Tjj Xpiar^, 
X^s ff\tv$€pc»€ra rrji MapKWvos v6aov. 



B. of^ primitive eUrgy. '245 

aod many others from the heresies of Arius and Eunomius, in 
his own dioceee. And in another place^^ he angmenta the 
Bomber of converted Mardonitea to t«D thousand, whom, with 
indefatigable indiistiT', in a dloceee of forty nulea in length and 
breadth, contaimng eight hundred churches in it, he had re- 
duced from their etrayinga to the onity of the Catholic Church. 
What WMiders also St. Austin wrought in Afric upon the Do- 
natistB and others the same way, by private letters and confer- 
«tces and coUations with them, the reader may learn from 
FoesidiuB^^, the author of his Life, who frequently mentions his 
labours in this kind, and the great advantage that accrued to 
the Church by these means. For he lived to see the greatest 
part of the Manichees, Donatists, Pelagians, and F^ans con- 
verted to the Catholic Church. They were no less careful to 
apply themselves in private to perBOOS within the Church, as 
occasion required. And here great art and prudence, as well 
as fidelity and diligence, was necessary to g^ve success to their 
endesTours. 'For mankind,' as Naziaiizea obBe^ves^^ 'is so va- 



^Ep. 145. p. 1036. (ibtd. p. lagi.) semper ae pervigil. Et ilU divinitn* 

"Byak 6pi^ «ai oHipofuu, an bt irabifv dcmaturo eit, at de miOTiim Ubonim 

TMt rov KapKlmrot r^r Xypjr tt^ fractu, etjun io bac vita, nudere 

fiwatt mpovi^paw awodti(ia, ml proveniuet, prius quidem in Hippo- 

wiLMlovt 4 fuipiour di^ T^ 6tiaw x<^~ nensi ecclesia et regiDue, cui maxiiiM 

TVt mi'nf trpov^yayor rf iroKiyif prcaidebBt unitate ac pace perfecta, 

parrurrian, ravnut rvr mt >v/u- deinde in aliis Africse partibus, live 

wtArw ifuftrlimHs If iiruTiny^aira v6- per He ipBum, aive per alios, et quoa 

ffST rpoir^pnr Konmnwafn. ip«e dederat aaceraotes puUulaMe, 

" Vit. Aogoat. e. 9. (t. IO. append, et muhiplicBtaiii fuiaae Domim ec- 

p. 363 c.) . . . . Epistolas privBiaa ad clesism pervidens, illosqne Mani- 

qiMMCiiin<|ue ejiudem erroris episco- ctueoa, DonatiBtag, PelagiaDistaa, et 

po* et enuDenlM scilicet kicoa dedit, Pagaaot ex magna parte defeciue, 

miiMW raddila adinoiiMis atque ex- et ecelesiie Dei aociaUie eaae con- 

hortaaa, nt vel ab ilia ae pravitate gaudena. 
conigerent, vel certe «d diapotatio- ^ Oral. i. Apologet. de Fug. (t. 

DM reoirent. — C. la. uh. et c.i3.{p. i. pp. T3 d. aeqq.) Tovrow^^ 

165 e St (.) Qua diU^entia et aancta iuotoi irXiior oXXijXar lartr Sn 

Modiii multiim crevit sancts eccle- roir imBvfilatt aal nut dppui, $ 

■i. Et hia omnibua pro pace eccle- (ord rir t&v tnt/ianaw liiat iha* 

Mi gestii, Augoitiiio Dominns et (fiipomt. »l ti |3oiiX(i, r^ rw onf 

Uc palmam dmit, et apod ae jnati- x""" l^" <">' upamu, i( £■ inai- 

tiv eoronam Teeervarit : aC magia iirrriKaiirr, oti pf cmp Ixoixn rfpi oU 

nagiaque, tnvante Chriato, de die in Korouiop- dKK' itrntp toU viiuma 

dran an^MMtvr et mohiplicabatiu' ou ri)r our^ ^ap^uuMlav n jut rpo- 

pada vuta* et ecdewp Dei fralerni- ^r fipmi^porrai, SiXm Si £kXi)>', 4 

tai. — C. 18. (p. 370.a.) Et erat ille tvinroumt, f) Koiiroms, ovm ml rif 

memoialM&a nr, pnectpuum Domi' ^x^< lka<p6p<f Xdyf jmI ayo»yn St- 

nid eorpcKia maubmin, dica uni- pairtiomu' fidprvpn lU t^c Sipa- 

wMUa ccdetiK ntilitatem solidtui wtimi, fo ml rA iriAi. nit iii» ij*i 



S46 Duties and offices Tlj 

rious and uncertain a sort of creature, tbat it requires the 
greatest art and skill to manage him. For the tempers of . 
men's minds differ more than the features and lineaments of 
their bodies ; and, as all meats and medicines are not proper 
for all bodies, so neither is the same treatment and discipline 
proper for all souls. Some are best moved by words, others by 
examples ; some are of a dull and heavy temper, and so have 
need of the spur to exstimulate them ; others that are brisk 
and fiery, have more need of the curb to restrain them. Praise 
works best upon some, and reproof upon others, provided each 
of them be ministered in a suitable and seasonable vray; other- 
wise they do more harm than good. Some men are drawn by 
gentle exhortations to their duty ; others by rebukes and hard 




ivfrKivT^TOi 7rp6s to Kokbp, <As r^ irXi;- avfivpoOvfjitlaBM b^ V€pi vis XPV'^ 

yfi Tov \6yov birytfyrtov' oi dc d€p- ripav (Kwldas. koI rovf fUv Piicq», ritH^ 

fioTfpoi TOV fKTpiov T^ TTVf vfuiTt, KOI di ^TTaoBtu ircWoKis XvotrcXcffTcpoiv 

dvaKaOficTOi Tali Sppais, KaBdntp 9ra>- kclL tS>v piv wxmopiav lun dvvaartiaa^^ 

Xot y€wa'ioi noppto Ttjs vvo'otjs B(ov- tS>v dc ircvtay fj bvanpayiav, fj intu-^ 

T(s, ots ^XtIovs Ap Trotri<r€i€v ayx<ov viiv $ a9r€v;(C(r^ai* ov yap Stairtp etrTt' 

Koi dpoKoimav 6 Xdyos. tovs pip cttoi- t^s dp€Trjs ^xti Koi Trjt Koxias, Tif^ 

vos avTja-fv, Toifs dc yjrdyos, dpff>6T€pa piv jcoXXton^y circu koi <»^XtfMiTa-' 

pfTo. TOV KQipov' j; TovvdvTiov, cjjSXa- TTjv act Koi naait t^v di x<<p<<rn7ir rr 

^€v c^o) TOV KCUpoVf KOI TOV \6yov' Kal ffXafi€p<aTaTfjv' ovrw koi t^s ^tap' 

TOVS piv irapaKkfjo'is KOTOpBoX^ tovs paxeias ttjs ^prrtpas, €v ti koi t6 av- 

dc iTriTiprjiTis, koi ovtti Toifs ptv iv r^ "^ vyiaiyoToroVf ^ cVt<r0aX€<rr q T O» 

Koiv^ buXcyxoptvovs, tovs dc icpvfidijv clft koI toIs airrois cnrodcdcucrai* omv 

vovBtTovpivovs' <f)t\ov(n yap ol piv r6 avfmjphv $ to wp^ov, ^ t&v SkXc^v, 

KaTa(f)pov€tv Tcov Ibiqt povBtTqpartov, hvdmjpiBpiria'dpjrjvtKatrTov' oXXarocfr 

irkrjBovs KaToyvaxrfi a'axf)popi(6pfvoi' pkv tovto Ktikhv Ka\ xp^o'ipop, toIs dc 

ol di npos T^p cXcv^rptov to>p cXcy- to ipavrlop iroXiv, oir<»r ^, oipai, 

X^p dpaia-xvPT€7Pf t^ ttjs eiriTipria'ftos avpninrova'w oi, Tt KcupoX koi r^ 

pvoTTjpiij^ naibayioyovpfpoi, KaX dvri- TrpdypaTa, Ka\ 6 tS>p B^pajrtvophmv 

bibopTfS TTis (TvpiraBfias t^p tvirfi- tiribixfTai Tp6iros» a vdpra pip 61- 

Bnap. Ta>p pip noPTa Tqptlp iinpiKSis tXia'Boi Xoyco icai (rwidciy riri r& 

dpayKOiOP p^xpi koX tS>p pixpoTdTOiP, dKpi^iaraTOPf &aT€ tcai KfdxiKtu^ r^p 

oaovs t6 oUa-Bai XapBdpeip' fVfid^ Bipairtiap wtpiKafitip, dptixapop, xitp 

TOVTO T€Xvd(ova-iPf CDS (To<f><oTipovs cVi nXtloTOP i^iKrjTcu tis €frip€\tias 

i<^va7j(Tfp' TSiP dc ^oTip & KOI napo*- T€ Kal avpto'^as. ini di t^s Wfipas 

pap ap€ipop, &aT€ opwpTas p^ ip^Pf avr^s Kal tS>p npaypdrap, r^ Btpa^ 

Kal dKovoPTas ptf dKoveip, Kara t^p wfVT^ Xoy^ Kal dpdpl KaTa<f>aipeTai 

wapoiplap' ipa p^ npos diropoiap au- ovto pip b^ to, t»p iraBSip c;^«i 

rot*; €p€Bi(<i>ptP, r^ 0tXo7rovC|> Tap tS>p fiptTipMP, Kal tocovtop ipTavBa 

ikiyX'f^P KaTo^airrlioPTtSy Kal Ttkos, t6 tpyop r^ dyaBci troipfPfi, r^ yw- 

7rp6s irdpTa noi^trfoptp To\pi)povs, r6 oToas ypoxroptp^ yvxas iroipviov, Kal 

TTJS ntiBovs <f>dppaKOP t^p aldS> duikv' dtjiTjyrja-opipm Kara \6yop TTotpturri" 

o-apT€s. Kal p(v Toi Kal opyiariop ri- ^^s, ttjs y€ opB^s Kal biKaias^ Kal rou 

trip ovK dpyi(op€PovSt i^ftl vrr€po7rT€OP dXTjBipov Uoipipos Tjpw d^ias, 
ovx vntpopmpTas, koi aTroypaoTfop 



of the primitive clergy. 247 

words rnnst be diiven to it. And even in the buBiness of re- 
proof, some are affected most with open rebuke, othera with 
pivate. For some men never regard a secret reproof, who yet 
are easily corrected, if chastised in public. Others ag^ can- 
BOt bear a public disgrace, but grow either morose, or impudent 
and implacable upon it ; who, perhaps, would have hearkened 
to a secret admonition, and rep^d their monitor with their 
conTeraion, as presuming him to have accosted them out of 
mere pity and lore. Some men are to he so nicely watched 
and obflOTTed, that not the least of their faults are to he dis- 
sembled ; because they seek to hide their sins from men, and 
am^ate to themselres thereupon the pr^se of being politic 
aod crafty : in others it is better to wink at some faults, bo 
that se^ng we will not see, and hearing we will not hear, lest 
by too frequent chidings we bring them to despair, and so 
make them cast off modesty, and grow bolder in their sins. To 
some men we must put on an angry countenance, and seem to 
eontemn them, and despur of them as lost and deplorable 
wretches, when their nature so requires it ; others, again, must • 
be treated with meekness and humility, and be recqrered to 
a better hope by more promising and encouraging prospects. 
Some men must be always conquered, and never yielded to, 
whilst to otiiers it wUl be better sometimes to concede a little. 
For all men's distempers are not to be cured the same way ; 
bnt proper medicines are to be applied, as the matter itself, or 
occasion, or the temper of the patient will admit of. And this 
is the most difficult part of the pastoral office, to know bow to 
distinguish these things nicely, with an exact judgment, and 
with as exact a hand to ministor suitable remedies to every dis- 
temper. It is a masterpiece of art, which is not to be perfectly 
atttuned but by good observation, joined with ezpericnce and 
practice.' What our author thus here at large discourses by 
way of role and theory, he in another place sums up more 
briefly in the example of the great Athanasius, whose pattern 
lie proposes to men's imitation, as a living im^e of this ad- 
surable prudence and dexterity in dealing with men according 
to this great variety of tempers ; tolling us^", ' that his dcdgn 

■S OnL 31. de Land.Athanaa. (t. ri ruBpir lluyttp»>r, tuv it ri 6ipiidi> 

|6 C.) To^E fUF nnuvMr, Konlpytt*' ul rav pir iicttt f>4 nroi- 

wX^TFM' ittrpime ml raw lah vmat wpoiiifiiripimt, roii Si Arvt Sir 



848 JhUies and offieei VL 

was always one and Uie same, but his methods various; prais- 
ing some, moderately correcting others; using the tsfxxr to 
some dull tempers, and the reins to others of a more hot and 
zealous spirit ; in liis conversation, master of the greatest sim- 
plicity, but in his government master of the greatest artifice 
and variety of skill ; wise in his discourses, but much wiser in 
his uiidei'standing, to adapt himself according to the different 
capacities and tempers of men.' Now the design of all this 
was, not to give any latitude or Ucense to sin, but by all pru- 
dent and honest arts to discourage and destroy it. It was not 
to teach the clergy the base and servile arts of flattery and 
compliance; to l)ecome time-servers and men-pleasers, and 
soothe the powerful or the rich in their errors and vices ; but 
only to instruct them in the different methods of opporang an, 
amd how, by joining prudence to their zeal, they might make 
their own authority most venerable, and most effectually pro- 
mote the true ends of religion. St. Chrysostom®^ puts in this 
caution, in describing this part of a bishop's character : * He 
• ought to be wise, as well as holy ; a man of great experience, 
and one lliat understands the world : and, because his business 
is with all sorts of men, he should be 7rotic(\o9, one that can 
appear tvith different aspects, and a^t with great variety of 
skill,' * But when I say tliis, I do not mean,' says he, * that 
he should be a man of craft, or servile flattery, or a dissem- 
bling hypocrite ; but a man of great freedom and boldness, who 

opB<a$€Uv wrat(ravT€s, fujxayonfiipos' ffiorav fiovaxo>v. CTrrtd^ yap dpdpatruf 

airXoi's top t/jottov, iroXv€ib^s rrfv icv- avrbu 6/uXcZv dvoyio;, Koi yxwaUas 

0(pvr)(nvt ao(f>6s t6v \6yoVf a'o{f)a>T€- f vovcri, koi naldas Tp€(f}ov<n, koi $€" 

pos rqu didvoiaVf n€(6s rois rantivO' panovras KfKrrffifvois, Ka\ nkovrow 

Tfpois, vyfnjXoTfpos rois /jtcrccuporc- iriptfieffkrffjJvois iroXvv, koi ^fjfjLdata 

pois, <f)ik6^(uo£y iKfcrioSt anorponaios' Trpdrrovo'i, koi «V dvvaarciais overt* 

Ttdvra €is oKtiBSts, oaa peptpKrfxiwos ttoikiKov airrop cTi/ai 8ei' noiKikov dc 

rdis €avTS>v $€oii £XXi7va>i' nalHts Xcya>, ov)( virovKov, ov JcoXaica, oxtx 

tni^piCovo'i' 7rpo(r6rj<T(i> 6e Koi fv- vrroKpirrjv' dWa ttoXKtJs p^v tkfvdt' 

viov, Koi napOtvioVf fcat (Iprjvaiov, /cat pias koI irappr)a-ias dvdpftrrov, elddra 

oiaWaKTTipiov, koX Tropnaiov Tois cV- df koi (rvyKoruvcu xp^ff^t^^s, or* &p ^ 

TfiOiv €nriyop^vois. tS>u npaypdrtov vTrdBfais tovto czTrat- 

^ l)e Sacerd. 1.6. c. 4. (t. i. p. tH' koi xprjarbv fivai 6pov koi avoTrj' 

435 a.) Ou yap pdvov KaBapov ovtohs, p6v' ov ydp tarriv €v\ rporria xP^o'Bai 

wff Tr}\iKavTrji ff^ioipJvov SiaKovtat, vols dpxoptvois Smaaiv" eirtidrj firjbi 

(iXXu Kat \iav ovvfTov^ koi 'n'o\ka>v larpSiv naKriv €v\ vopta rotr Kdpvovai 

fpnapov tiimi fici* Koi ndvra p€v ft- Trao't 7rpoa'(j)tp€(r6ai koKou* prjbt kv- 

AtMit ra (inoTiic^f T&v tv /jwVo) arpf' ^ipviynj plav <Sd6i» rtdeVat rrji frp6i ra 

ffutpivtov ovX ^rrov* ndprmv df ajnjX" frv€vp(tTa pax^ff' 
XdxBiu pliXXop rwf ru oprj xarctXi;- 



of the primitive clergy. 



249 



knows notwithstanding how to condescend and stoop himself 
for men's advantage, when occasion requires, and can be as well 
mild as austere. For all men are not to be treated in the 
same way : no physician uses the same method with all his pa- 
tients.' The true mean and decorum, he tliinks, which a bishop 
should obserye in his converse and applications to men, is to 
keep between too much stiffness and abjectness. ' He must be 
grave 50 without pride; awful, but courteous; majestic, as a 
man of authority and power, yet affable and communicative to 
all. Of an integrity that cannot be corrupted, yet officious and 
ready to serve every man ; humble, but not servile ; sharp and 
resolute, but yet gentle and mild. By such prudence he will 
maintain his authority, and carry any point with men, whilst he 
studies to do every thing without hatred or favour, only for 
the benefit and e(Ufication of the Church.' We must reduce to 
this head of prudence, in making proper address and applica- 
tion to offenders, that direction given by St. Paul, and repeated 
in several ancient canons, that a bishop be no smiter, fxri TrAif- 
Krrip, which the twenty-seventh of those called the Apostohcal 
Canons 51 thus paraphrases: * If any bishop, presbyter, or dea- 
con, smite either an offending Christian, or an injurious hea- 
then, we order him to be deposed. For oiu* Lord did not teach 
us this discipline, but the contrary : for he was smitten, but did 
not smite any; when he was reviled, he reviled not again; 
when he suffered, he threatened not.' Justinian forbids the 
same in one of his Novels 5^, as a thing unbecoming the priests 
of God, to smite any man with their own hands. The word 
TsXtfaafip signifies also »initing with the tongue, by reproachful, 



*> Ibid. 1.3. c. 16. (p. 395 c.) Kal 

yap KCki atfUfhv, Koi 3txhI>ov, koI ^o/3f - 
pop, lau npoarfpn, Kal dpx^Mv, koI 
kowwpik6v, Kal do€KaaTov, Kal Bepa" 
irfvrucoy, Koi rafreivbv, Kal ddovKcorov, 
KM a^>odp6v, Kal ^fupov tmu dci* tva 
wp6s incofra rdvra €VK6\as ftdxar^ai 
bwifnu' Kal t6v envrqhtiov fura noK" 
Xff rijs t^ovaias, Khv &iravT€S dvTi" 
fnirr»a'i, irapaytiv' Kal rov ov rocov- 
Top fifra TTJg avT^ff i^ovaias, k^v &" 
woPTts avfi'trp€wri, f^ vpoaitaBai, 
c^X* ccff If ft6pop 6p^p rrfv cVieXi/o-ia- 
ffrtK^ oUodofirpT Kal firjdtv vp6v 



»» C. 27. [al. 26.] (Cotel. [c. 20.] 
V. I. p. 440.) ETricKcmop, fj rrpfo-^v- 
TtpoPf ij diaKOPop, TvnroPTa nurrovs 
apLapTOPOPTas, ^ dm<rrovs dbiKTjo'aP' 
raSf Kal dih toiovtcdp <f>o^ip iBfkopra 
[al. ^cXovro], KoBaipuaBcu vpocrrda" 
a-optp' ovbapov yap 6 Kvptos ravra 
[al. TovTo] fjpids (biba^' rovpapriop 
Of avrbs nmropfpoi ovk dpTfrvitTf' 
\oidopovp€Vos OVK dvTtXoiddpti' nd- 
axoiv OVK ^irciXft. 

^ Novel. 123. c. II. (t. 5. p. 546.) 
Sed neque propriis manibus liceat 
episcopuin aliquem percutere; hoc 
enim extraneum sacerdoti est. 



J 



250 DuHea and oficet VL 

bitter, and contumelioiis language, as St. Chrysoatom, St Je- 
rom, and others understand it. In which sense also it was for- 
bidden, as a thing indecent, and unbecoming the gravi^ and 
prudence of the Christian clergy. 
"^ 9. St. Chrysostom enlarges upon several other parts of pni- 
oorin dcnce, which I need not here insist upon, because they hsTe 
■^^^ either already been mentioned, or will hereafter be considered 
in other places : such as prudence ^^ in opposing heresies ; pru- 
dence^ in managing the virgins and widows, and the revenues 
of the Church ; prudence ^^ in hearing and determining secular 
causes; and prudence^ in the exercise of discipline and church- 
censures, which last will be spoken to under another head. I 
shall here, therefore, only add one instance more of their pru- 
dence in allaying unnecessary disputes, which rose among Cft- 
tholics, and men of the same opinion in the Church, which in- 
deed was rather a complication of many noble virtues : pru- 
dence, candour, ingenuity, moderation, peaceableness, and cha- 
rity, joined together, which like a constellation of the brightest 
qualities always shined with the greatest lustre. This is what 
Gregory Nazianzen chiefly admired in the conduct of Athana- 
sius, and therefore he gives it the highest commendation and 
preference before all his other virtues, as thinking there was 
no one thing whereby he did greater service to the Church of 
God. It happened in the time of Athanasius, that the Catholics 
were like to be divided about mere words; a warm dispute 
arising; about what names the Throe Divine Persons were to 
be called by : some were for calling them only TpCa npSataira, 
Three Persons, to avoid Arianism; others called them Tpciy 
'TTTooTcirreiy, Tliree Hypostases^ to avoid Sabellianism. Now 
they all meant the same thing; but not understanding each 
other's terms, they mutually charged one another with the he- 
resies of Arius and Sabellius. The one party, in the heat of 
disputation, could understand notliing by Three Hypostases 
but three substances or essences in the Arian sense ; for they 



»3 De Sacerd. 1. 4. c. 4. tot. (t. i. » Ibid. c. 18. (p. 399 e.) To de ri»y 

p. 408.) Ai^ iroKKiiv xPl noitlaOai Kpia-tav fJ^tpos, ic. r. X. 

TTfV (TTTOV^V, #C. T. X. ^ Ibid. (p. 4OO 6. Ct p. 4OI E.) T» 

^ Ibid. 1.3. c. 16. (p. 396 a.) Bov- &f rtf Xcyoc riis \vtras, hs vtrofuvov 

Xct o^v cfTi r^v tS>v X'lpSiv trpocrra- triv, ^v/xa h» dc^; riv^ roO r^r eiackij' 

aiop i»fjifv wpoTtpov, K, r. X. aias vtpiK&^tn nK/fp^fiaros; k, r. X. 



ofihe primitive eteryy. 251 

made no diBtinctioa between hypoettudB and essence, and there- 
fore charged their oppontes with AmniBm. The other party 
were afmd that Tpia II/xdratTra eignified no more than Dominal 
persons, in the 8ense of Sabellius, who himself had used those 
very terms in an equivocal sense to impose upon the vulgar, 
and therefore they inveighed against their adversaries as de- 
rigmng to promote Sabellianism. 'And so,' says Mazituizeii''^, 
' this httle difference in words making a noise as if there had 
been difference in opinion, the love of quarrelhng and conten- 
don fomenting the dispute, the ends of the earth were in dan~ 
ger of being divided by a few syllables. Which when Athana- 
sins, the true man of God, and great guide of souls, both saw 
and heard, he could not endure to think of so absurd and un- 
reasonable a division among the professors of the same futh, 
but immediately applied a remedy to the distemper. And how 
did he make Bis application ? Having convened both parties, 
with all meekness and humility, and accurately weighed the 
intention and meaning of the words on both sides, after he 
found them agreeing in the things themselves, and not in the 
least differing in point of doctrine, he ended then- dispute, 
allowing the use of both names, and tying them to unity of 
opinion.' ' This,' says our author, ' was a more advant^eous 
act of charity to the Church, than all his other daily labours 
and discourses ; it was more honourable than all his watchings 
and homicubations, and not inferior to his applauded flights 
and exiles.' And therefore he tells his readers, in ushering in 
the discourse**, ' that he could not omit the relation, without 

^ Orat. 31. de I^ud. Athanaa. (t. appmrT^nan' >r»r oijr tovto itomi; 

I. p. 305 nit. verb, et p. 306 a.) nf- wpomaXtiraiiiror a/ufioTtpa rd iiiptf 

immt fOo(i iia^opi, !/ ntpl rir ^X"' "tTmri wp^ar Kal (f>^ay0a£nf>t, ail 

fuxpoXoyia. Eira ZnJEftXXtcr/iot t'v- riv raiv rat Xryofu'wi' dipiffut /(- 

TovAi nrivo^A) tdic rpurl trpixrintoit, iraaat, rirttS^ av/iippoiiotiyTaT ttpt 

nt 'ApnanafiAt rait rpiaai intotrra- jiai ohiiv SidTTumr rard r4» Xoyov, 

(rm,rAT^(^MXow(j(iacavinrXda'fiaTa. rii 6y6nora trvyxnipriiTaT, miiitti ro4» 

Bmrl; wpeariBfiiimv pvipov Tir6c irpdyjuio-i- tdvto tm* paxpar irirar 

0)1 rov XinroCiTor, t ^tnrtjp&v $ 0iXo- xai \6yiBf XvmrfXnmfKw .... toOto 

nimla voui, Kivfivrroti irminnppity^- Tuv iroXX»ii oypvirviwir Kal ^fuvn- 

m> rail mXKafidit rh nipara, TaOm av ■nptnifiArtpor toOto tu* d- 

a& ipiir ul bjdrmw i panapioi (hi- oiSipmi (fofitisf cal ^n/y&P rov aripit 

fot, ebI mt AlfSat SaiBpVBot tov 6(dv rirof lov. 

■bI Itiyu IW ifrvjui' oiKOVopor, oix *^ [Ibid. (p. 39^ b.) *0 ti lUH ita- 

^ifO^ OiW wapiotiw r^y cfrcnrrn' ovrea Xurra tov dvflpit Bavua^tir Jvtta*, 

aid Aoyor nni Xi^yov Kontrofi^y, ri ital £'l/''9 ^ <rit>B^ did t^ *aipir 

a wap Juimu tfidppjiKov, (iroyfi r^ pAiirra, iroXX^i wotoOvra rit 3ta- 



ItSft 



Dutiea and oJfiee$ 



VI 



snd 



injuring them, especially at a time when contentions and divi- 
sions were in the Church ; for this action of his would be so 
instruction to them that were then alive, and of great advan- 
tage, if they would propound it to their own imitation ; anoe 
men were prone to divide not only from the impious, but fmn 
the orthodox and pious, and that not only about little and con- 
temptible opinions, which ought to make no difference, bat 
about words that tended to one and the same sense.' The cau- 
tion is of use in all ages ; and had it always been strictly ob- 
served, it would liave prevented many wild disputes and fierce 
contentions about words in the Christian Church. 

10. But now we are to observe, on the other hand, that as 
mtBtin they were eminent for their candour and prudence in compoe- 
2^^ ing unnecessary and verbal disputes ; so, where the cause was 
weighty, and any material point of religion concerned, they 
were no less famous for their zeal and courage, m standing op 
in the defence of truth against all opposers. It was neither the 
artifice and subtlety, nor the power and malice of their enemies 
could make them yield, where they thought the faith was in 
danger to be destroyed. * In other cases,' says Nazianzen^, 
* there is notliing so peaceable, so moderate as Christian bi- 
shops, but in this case they cannot bear the name of modera- 
tion, to betray their God by silence and sitting still : but here 
they are exceeding eager warriors, and fighting champions, 
that arc not to be overcome.' He does not mean, that the wea- 
pons of their warfare were carnal ; that they used any pious 
frauds, or plotted treasons or rebellions, or took up arms in 
defence of religion ; but that, with an undaunted courage and 
brave resolution, they stood up firm in defence of truth ; and 
mattered not what names they were called by, — contentious, 
unpeaoeable, immoderate, factious, turbulent, incendiaries, — or 
any thing of the like nature, nor yet what they suffered in any 



ordcrcif, tovto trt npo<r6ria'o> rois cJ- 
prjfifvois' y€voiTo yap av ri iraibtvpxt, 
Kai Tols vvv fj npa^i?, (I rrpos tKtivov 
fi\€7roififv' ois yap vbaros €v6s rcfive- 
raif ov ToifTO potfov oaov rj x^Xp d^^" 
Kfv dpvofXfVTj, dWa Koi oaov rtj x**P* 
nipifax^Orj Ta>v dcucrvXav tKpfov, ov- 
Ta> Kol rjp.S>v ovx oaov dar€fi€s o-x^Cf' 
Tat fiovoVf ciKXa Ka\ oarov f vcc/Scotc- 
pov, ov wfpl boyftdrtov fiovov fwcp&p. 



Koi napopdaBai d^ioiv* ^rrov yap ^ 
^v TOVTO d(iv6vj aXX' ^brj Ka\ irepi pi)- 

flUTOiU €lt T^V aVT^V <l>€p6vTCiV Old- 

voiav, Grischov.l 

99 Ibid. (p. 388 d.) OJ *c^ rSKka 
^fTiv (tpriviKOi Tt Koi fMerptoi, tovt6 
y€ ov <^pov<Tiv cVtcticfir civai, 6«oy 
irpohibovcu bia t^s rjavxif^s aXX^, koI 
\iav flaiv ivravOa noKtpiKoi re Koi 
bvirpjax'f^* 



of the primitive clergy. 253 

Uind, whilst thej contended for that fwth which was once d^ 
Tered to the atUDts. Church-history abounds with iuBtances of 
tUa nature ; but it will be suffident to exemplify the practice 
of this Tirtue in a single instance, which Gregory Nazianzen' 
gives OS in the IJfe of St. Basil, where he relates a famous 
dialogue that passed between Modestus, the Arian govomor 
under Valens, and that holy man. Modestus tried ail arts to 
Ining him over to the party, but, finding all in v^o, he at last 
threatened him with severity. ' What V sud he, ' dost thou not 
fear this power, which I am armed with?' ' Why Bbould I 
fear ?' said Ba^ ; ' what canst thou do, or what can I suffer V 
' What canst thou suffer V said the other ; ' Majiy things that 
are in my power : confiscation of thy goods, banishment, tor- 
ment, and death.' ' But thou must threaten me with something 
dse,' said Banl, ' if thou canst, for none of these things can 
bmch me. As for confiscation of goods, I am not liable to it ; 
fi)r I have nothing to lose, unless thou wantest these tattered 
and threadbare garments, and a few books, which is all the 
estate I am possessed of. For banishment, I know not what it 

■ Orat 30. de L«nd. Buil. ^p. 9t\tSroiia.ovlliyiptiruricifinf,^>ita'iw, 

349 d.) 1l iai, ei 't"'^ '^*' '£* urtir irirvrtr, 4 mbrogi ii/ nvrow 

ovtrimt ; ^al' fiij ri ■yirtfrai ; lafii tuM-n^n nw TpStrov, inrip rotouTtmi 

rt w6Biti pJ) W Tw troXXv* tv, A Aymnifiimot. nEXXo /itv yhp nrt- 

r^r i/^Tr hvwmrtun itrrl \ rlra rau- cikcTf ^fXs, inrapxfi koI fran-dr oXXnv 

to; yrtpiitvOtt yip ^fu*, b^firva-ir, Tontai6Ttpoi,TOvTO T^t tyroXtit xf\tv- 

i^oplar, fiaoAnmt, Mmtw, «t W JXXa, ovinjc, col /i^ ckt nxrovrf) Kpdrti, dX- 

^i^rhr, Amtkti' Tolrmir yap aviiv ^- Xu fujBc run Tvx&^nw in r^f odipuw 

ItSr Strmru. mil rip ilmw irur ml aipovrir. oS 6t BcAc ri KitSvvtvopt- 

rira Tp6mri &n tih, ifbtf, R^ptvatt rov^ ftal wpowttfirvoVf roXAu frtpt- 

fuv aix aKirrit 6 prfiit !;);•»', wXljr il <ppovtivvT€t,irpis iavriy povmi jSXnFo- 

nuntr x^h""' ™' Tpvglmr uov pa- fur" trvp di *ni (lipos, mil O^pts, xai 

tCatt Kai Piffkiur Skiytir, fr w 6 iroc ol rAt trdpmii Tf^Wirtc Syoxft, rpo^ 

tpai 8*"*' i^opUai M oil yaittrKn, 6 paKKav tiplv tiirai f) KciTinrXi){ir. it^t 

prfinri rinif mpiypairrir, jul pijii ravra v^ptC'i BTflXfi, troifi nay o, Ti 

Tovri)* fjP*" ^Jth*' h* o'lB >^i ml & J7 iSoi/Xo/uvy rrtx, riir t^ovirlat 

ramv ^m4'i lit f)r Br pAi^i' paXXar oiroXaw' udhtb ravra lal BaaAiit, 

ti 6(ov watrof, ot wApotKOt fyit *al vi mint yt oix aip^irttt' ovSc iriio-itc 

waprwtiilpot' ol $itram JU, ti ir Xd- avvBiirSai r^ dmfStff, xir (nrtiXgc 

3oMr, oOk Sttbc (riparof w\fiv (C r^f j/dKtictrrtpa. rmiBi) ravra (ifrtTv ml 

■pAr^r Xnoic irXtfmy, niunfc yip aiovirai rA* vjcapx^y, noi r^v hnrra- 

iri pAnit mpuw' i Cf Ah/aros titpyi- mt paBflr tol' dm/iit, oirruf tlmrd- 

T»|«" Kol M^ dSrror T(jn|r(i fi* wpAc trXijcroi' ml dijinjroip, rif ^ir ?£« 

6triv, & (■ Kol iroXiTfuipii, jcal rif rrip'^m col pTTairriiiratrBai, ovic in. 

rfktlar^ ridvrjiia, xol rrpht &» rirtiyit- firrd 1-1)1 o^f dirfiX^c, dXXd riwc 

/lai wippHfiir. TOVTtut atnarXayivra alSoOt nil vfro\up7(rni>i' aMv A< ry 

tif Zwap)(or, oMic, ^<bia«, M'X/'' ""^ BaaiXti irpoirtXfldiTo, ir f'^t rdxaot, 
ijTrijpt&af SatTiXtVt rlmiVt rov ri)c9( 



254 DtUies and oficei Tli 

means, for I am tied to no place ; I diall esteem erery conntiy 
as much my own as that where I now dwell ; for the whole 
earth is the Lord's, and I am only a pilgrim and a stranger in 
it. As for torments, what can they do to him who has not a 
body that can hold out beyond the first stroke ? and for death, 
it will be a kindness to me, for it will but so much the sooner 
send me unto God, to whom I live, and do the duty of my sta- 
tion ; being in a great measure already dead, and now of a 
long time hastening unto him.' The govemor was strangdy 
surprised at this discourse, and said, ' No man ever talked at 
this free and bold rate to Modestus before.' * Perhaps,' said 
Basil, * thou didst never meet with a bishop before ; for, if thou 
hadst, he would have talked just as I do, when he was put to 
contend about such matters as these. In other things we are 
mild and yielding, and the humblest men on earth, as our laws 
oblige us to be ; we are so fSsu* from shewing ourselves super- 
cilious or haughty to magistrates in power, that we do not do 
it to persons of the meanest rank and condition. But when the 
cause of God is concerned, or in danger^ then indeed we esteem 
all other things as nothing, and fix our eyes only upon him. 
Then fire and sword, wild beasts, and instruments of torture to 
tear off our flesh, are so far from being a terror, that they are 
rather a pleasure and recreation to us. Therefore reproach 
and threaten us, do your pleasure, use your power to the ut- 
most, and let the emperor know all this : jet you shall never 
conquer us, or bring us to assent to your impious doctrine, 
though you threaten us ten thousand times more than all this.' 
The governor hearing this, and finding him to be a man of 
invincible and inflexible courage, dismissed him now not with 
threatenings, but with a sort of reverence and submission ; and 
went and told the emperor, that the bishop of that church was 
too hard for them all : for his courage was so great, his resolu- 
tion so firm, that neither promises nor threatenings could move 
him from his purpose. 

Nor was it only open violence they thus bravely resisted, 
but also the more crafty attempts of the enemies of truth, 
who many times went artificially to work against it; partly 
by blackening the characters of its champions and defenders, 
and representing them as base and intolerable men; and 
partly by smoothing their own character, and pretending unity 



of (A« primitive clergy. 265 

n faith with the orthodox, and that their designs were only 
ieragns of peace, to remove unscriptural words and novel 
terms out of the way, that all men might be of the same 
opinion. These were the two grand artifices of the Arian 
party, whereby the leading and politic men among them, — 
Enaebina of Nicomedia, Valens, Ursacius, and others, — always 
laboured to overthrow the truth. Upon this account Athana- 
Bins was forced to undergo a thousand calumnies and slan- 
dra^ns reproaches : he was accused to Constantine, as one that 
ssBomed to himself imperial authority to impose a tax upon 
Egypt ; as one guilty of murder in cutting off the hand of Ar- 
Benius, a Meletian bishop ; as guilty of treason in dding with 
Philumenus, the rebel, and furnishing him with money ; as an 
enemy to the public for attempting to hinder the transporta- 
tion of com from Egypt to Constantinople : which accusation 
BO far prevailed upon the emperor, that he banished him to 
Triers upoa it. In the next reign he was accused again of re- 
peated murders; and of sacrilege, in diverting Conatantine's 
liberality to the widows of Egypt and Libya to other uses ; of 
treason, in joining mterest with MagoentiuB, the tyrant ; and 
many other such charges were spitefully and diabolically le- 
Telled against him. St. Basil was likewise variously accused 
both by professed enemies and pretended friends ; who, as is 
osnal in such cases, brought charges against bi'" directly con- 
trary to one another. Some accused him of tritheism, for de- 
fending the doctrine of Three Hypostases against the Sabel- 
lians; others, of Semiarianism, or heterodoxy in the article 
about tlie divinity of the Holy Ghost, because in bis church he 
sometimes used a different form of doxology from what was 
used in other churches. Some again accused him of Arianiam, 
because he had received Eustathius of Sebastia into communion 
upon bis professing the Catholic faith ; others stud, he commu- 
nicated with Apollinaris, the heretic, because upon some occa- 
wons he wrote letters to him. Thus were two of the greatest 
and best of men maliciously traduced and wounded in their re- 
putation ; both indeed for the same cause, but with thb differ- 
ence, that the one was prosecuted by open enemies without the 
Church, the other chiefly by secret enemies within ; of whom 
therefore he had reason to take up the prophet's comphunt, 
and say, " These are the wounds with which I was wounded in 



256 Duties and offices } 

the house of my friends." And these were such temptations as 
might have unsettled any weak and wayering minds, and made 
them turn their backs upon religion: but true zeal is abore 
temptation, and can equally despise the wounds of the sword 
and the wounds of the tongue ; having always the consolation, 
which Christ gives in his Gospel, ready at hand to support it, 
"Blessed are ye, when men sliall revile you, and persecute 
you, and shall say all manner of evil against you falsely, for 
my sake. Rejoice, and be exceeding glad : for great is your 
reward in heaven." Such examples shew us, that innocence it- 
self cannot always exempt men from calumny, but sometimes is 
accidentally the occasion of it. But then it has this advantage, 
that being joined with a suitable zeal, it never sinks under the 
weight and pressure of its burden, but always comes off con- 
queror at the last, as we see in the instances now before us. 

The other artifice, which I said the Arians used to destroy 
the Faith, was the specious pretence of peace and unity. The 
politic and crafty men among them, in the tune of Constantius, 
pretended that they had no quarrel with the Catholic doctrine 
of the Trinity itself, but only were aggrieved at the novel and 
unseriptural words, such as the ofwovaiov, consubstantial, &c., 
which the Council of Nice had used to express it by. These, 
they said, were dividing terms, and the cause of all the quarrel 
and combustion ; and therefore they still urged the removing 
these terms, as the great stumblingblock, out of the way, that 
the peace and unity of the Church might follow upon it. But 
Athanasius and other wise Catholics easily perceived whither 
this sly stratagem tended ; being very sensible that their de- 
sign was not against the bare terms, but the Faith itself, and 
therefore they always stoutly and zealously opposed it. Nor 
could the Arians ever gain this point upon the Catholics, till at 
last, in the Council of Ariminum, anno 359, by great importu- 
nity, and clamours for unity and peace, they were prevailed 
upon to sink the word consubstantial, and draw up a new 
creed without it, yet, as tliey thought, containing the very 
sAuio doctrine, and in as full terms as could be expressed, save 
thiit the woni consubstantial was not in it. But here, it must 
Iv owuihK those Catholic bishops were wanting in their zeal, as 
ihov thonisolvos were quickly after convinced. For no sooner 
^;ft3^ this <H>nce:ssiou made, but the Arians immediately gave outj 



of the primitive eUrgy. 357 

and boasted over all the world, that the Nicene futh was con- 
demned, and Arisnism established in a generid coudcU, though 
Dotlung was leas mtended bj the Catholic biehops that were 
present at it But now they were sensible they had made a 
false step, by suffering themselves thus to be imposed upon by 
designing men : they sow saw, that they ought to havo stuck 
to the Nioene terms, as well as the f^th, since the Faith itself 
BO much depended on them. They now began to complain of 
the fraud, and asked pardon of their brethren for their want 
of foremgbt Mid caution, in a case so tender and material. St. 
Jerom, who gives ns this account of the whole transaction, from 
the Acta of the Synod and other records extant in hia time, 
brings them in making ttus apology for themselves : ' The bi- 
shops,' says he', ' who had been imposed upon by fraud at Ari- 
tninnm, and who were reputed heretics without hmng conscaous 
to themaelveB of any heresy, went about every where protest- 
ing by the body of Chnst, and all that is sacred in the Church, 
that tbej enspectad no evil in their creed : they thought the 
sense had agreed vrith the words, and that men had not meant 
one thing in their hearts, and uttered another thing with their 
lipa. They wtr^ deceived by entertaining too good an opinion 
of base and evil men. They did not suppose the priests of 
Christ conld so treachax>usly have fought against Christ. In 
short, they lamented their mistake now with tears, and offered 
to condemn as well their own subscription, as all the Arian 
bla^hemies.' Any one, that reads 8t Jerom carefully, will ea- 
sily perceive that these bishops were no Arians, nor ever in- 
tended to Bobecrihe an Arian creed ; but their fault waa want 
tf teal in parting with the Nicene Creed, to take another in- 
stead of it without the word consuhgtantial; which though they 
subscribed in the simplicity of their hearts as an orthodox 
creed, (and indeed the words, as St. Jerom describes them, in 

'DisLcont. Lucifer, t. a. p. 143. feBsio eat, aliud in corde clauaum 

(t. 3. p. 191 d.) CoDcairebant epi- esK, aliud in labiia proferri timui- 

MO[», qw, Annunenaibua dolii iire- muH. Dscepit nos bonii Ae tnalis 

till, ane canscientis h«relici fere- exutimatio. NonsoniuBarbitratisa- 

buttOT, cooteitanUa coipua Domini, cerdotca Christi adveraus Christum 

ct qmcqiud in ccdetis nnctum est, po^are.' Multaque alia, qute bicvi- 

M mhil niali in eua fide luspicatot. tatu studio pnetereo, flenles BBsere- 

*PiUavimiu,'aiebaBt, 'aeDsum COD- bant, parati et eabBcriplioneoi pria- 

gnmc ram Tertti; nee in eccle- tioam et omncBArianorum blaaphe- 

■ia, nU ^ppliritas, nbi pun con- miu condenuisre. 

t, VOL. a. B 



their plain sense are sonnd and orthodox, as St. Jcrom ssvs in 
their excuse,) yet the Arians put an equivocal and poisonoiii 
sense upon them: jETiving out, after the Council was ended, that 
they had not only abolished the word consubstantial, but with 
it condemned the Nicene faith also. Which was strange nff^ 
prising news to the bishops that had been- at Ariminum. 
' Then/ says St. Jerom, ' ingemuit totus orbis, et Arianum 9t 
esse miratus est, — the whole world groaned j and was amaz^i 
to think she should he reputed ArianJ That is, the Catholic 
bishops of the whole world, for there were three hundred of 
them present at that Council, were amazed to find themselTes 
so abused, and represented as Arians, when they never in- 
tended in the least to confirm the Arian doctrine. But now by 
this the reader will be able to judge, what kind of leal the 
Catholic Church required then in her clergy ; viz., that they 
should not only contend for the Faith itself, but also for thoee 
Catholic forms and ways of expressing it, which had been pru- 
dently composed and settled in general Coundls, as a barrier 
against heretics ; the giving up of which to subtle and dan- 
gerous adversaries would always give them advantage to make 
fiercer attacks upon the Faith itself, and prove destructive to 
the Catholic cause ; as thaso bishops found by woeful experi- 
ence, wlio were concerned in the concession made at Ariminum. 
It is candour indeed, when good Catholics are divided only 
about words, to bring them to a right understanding of one 
another, which will set them at peace and unity again ; but it 
is tameness to give up the main bulwarks of the Faith to falla- 
cioas adversaries and designing men, whose arts and aims, how- 
ever disguised, are always known to strike at the foundation of 
religion. And therefore, though no man was ever more candid 
than Athanasius towards mistaken Catholics, yet neither was 
any more zealous in opposing the arts and stratagems of the 
Arian party; always sticking close to the definition of the 
Nicene Council, and never yielding that any tittle or syllable 
of that Creed should be erased or altered. 
)f their 1 1 . Whilst I am upon this head, I cannot but take notice of 

mfntafn ^^^^ obligations the clergy lay under to maintain the unity of 
be unity of the Cluirch, both in faith and discipline, and what penalties 
ndofthe'^c^c inflicted on such as made a breach therein, whether by 
enrore of falling into heresy or schism themselves, or giving encourage^ 



o^lV prlmtttre eitrt/i/. S59 

meiit to them id others. I shall not need to state the nalurt- of m 
Cbnrcb-anJty and oommonioD in this place any farther than br ^ 
flaying, that, to maintain the pnntr of the Catholic faith, and 
live nnder the diaripline and govenunent of a Catholic bishop, 
who himself lived in conunnnion with the Catholic Church, were 
then as it were the two characteristic notes of any man's being 
tn the communion of the Chorch ; and therefore, as every mem- 
ber was obliged to 'm»ntain the onity of the Church in both 
ttiese parts, so mach more the clergy, who were to be the chief 
goam^ians of it And if they failed in either kind, that is, if 
they lapsed either into heresy or schism, by the laws of the 
Chnrch they were to he deposed &om their office ; and though 
they repented and returned to the unity of the Church again, 
yet they were not to act in their former station, but to be ad- 
mitted to communicate only in the quality of laymen. This was 
the role of the African Church in the time of Cyprian, as ap- 
pears from the Synodical Epistle^ of the Council of Carthnge, 
to which his name is prefixed. For, writing to Pope Stcplien, 
they tell him their custom was to treat such of the clergy as 
were ordained in the Catholic Church, and afterward stood up 
perfidiously and rebelliously agunst the Church, in the same 
manner as they did those that were first ordained by heretics ; 
that is, they admitted them to the peace of the Ohurcli, and 
allowed them the communion of laymen, but did not permit 
them to officiate agfun in any order of the clergy. And this, 
he says^, they did to put a mark of distinction between those 
that always stood true to the Church and those that deserted 
it Yet if any oonmderable advantage accrued to the Church, 

~ ' Ap. Cypr. Ep. 73. p. 107. (p. et utu hsbeuit, quod admittuntur 
305.) Adduinii pWe, et ftdjungi- ed pncero, qui hoBtes pacis eistite- 
imu, inter carurime, conseDHu et rint, nee debere eos revertentea m 



ftpud nos oTdinfttioiiiB et honoris 

qin presttrteri, ant diaconi, qui vel anna rctinere, quibus coDtni noa 

in ecckma cathoKca print ordinati rebellaverint. 

faerilit, et poatmodum perfidi ac * [Ibid. (p. ead.) Satii eat talibui 

rebeDM contra ecdeaiam atelennt, revertentibua veniam dari : aon ta- 

V«l upad haereticcM a paeadoepiMO- men debet in domo lidei perfidia 

Set antidiriftb contra Chriati promoveri. Nam quid honia el in- 

povitXHwrn proboa ordinatione nocentibus atque ab eccleaia non 

pnmoti sint, et contra altare unum recedentibus reaervamui ; ai eoa, 

atqoe dmnnm ncrificia foris blta qui a nobia receaserint et contra 

ac ncrikga oflerre conati aint, eoa eccleaiam eteterini, honoramiis i 

fHoqae hae eonditione BUKipi cum Gritchm.'] 
letei tuiUui , at commnoicent Uci ; 



260 DutiM and ojgUM VL 

by the return of such an heretic or achismatiCy aa if he broogfat 
oyer any considerable part of the deluded people with hun; or 
if he was generally chosen by the Church, or the like ; in raoh 
cases the rule was so far dispensed widi, Hiat the deserter 
might be admitted to his pristine dignity, and be allowed to 
offidate in his own order again. Upon this account Com^uSy 
bishop of Rome, received Maximus the presbyter^ to his former 
honour upon his return from the NoTatian schism. And in 
after ages both the Novatians and Meletians were particularly 
iavoured with this priyilege by the Council of Nice, and the 
Donatists by the African fathers in the time of St. Austin, ss I 
have had occasion to note more tlian once before^. But if they 
continued obst'mate in their heresy or schism, then many times 
an anathema was pronounced against them, as in the secoad 
Council of Carthage. ' If a presbyter,' says the canon 7, < thit 
is reproved or excommunicated by his bishop, being puffed up 
with pride, shall presume to offer the oblation in a separsto 
assembly, or set up another altar against him, let him be ana- 
thema.' The Council of Antioch^, and those ci^led the Ap»- 

^ Cornel. £p. 46. [al. 49.] ad ^ C. 4. (ibid. p. 564 b.) E? m 

Cypr* p* 93* (p* 235.) . . . Maximum erriaKorros vrr6 (rvp66ov Ka&aip€^)Sf 

presbyteram locum suum agnoscere tj trp€a'^vTtpov, $ dcaieoi»off vk6 rov 

jussimus. — See other instances in ibiov cVMriccJirov, rokfi^eUw n frpojoi 

Socrates, 1. 7. c. 3. (v. 2. p. 349. 13.) rrjs Xftrovpymr, c? re 6 eiriaKonot 

'O ^AyanrjTos, tv npoftrrdvcu r^s Ma- Kara r^¥ npodyovaaw aw^BtutP, win 

Kfboviov BprjaKwias €<j>riv, cVt aya&rjv 6 BiaKOVOSt fujK€Ti t^v tlpoi avrft 

^\B€v hrlvoiav' ^ovXcvordfievor yhp firff^ cV crcp^ trvvobip iXtrida airoKa- 

&fia r^ avrov Kkripa navrlf Ka\ npoa"' raoT(urfo»f, fi^T€ airokoyua X^f^ 

KaXtadficvos t6v vn avrov \aoVt xrci- Zxaiv' ahXh de rovi Kowtovovwras av- 

6fi rrfv rov SfiooxMriov niariv irpoa-' t» iravras airofidKkiaStu rijt cmcXij' 

df(aa6m' koi rovro Koraarrjaras, cit;- aias, Koi ftdkiora, *l yua66vr€i n^ 

Bvs Q)f flx€ trvv ifKriBti ttoXXo), ^xoX- air6<l>aaiv r^v Kara ra>p irpo€ipfffuvca» 

Xov dc <rvv iravrX Xa<^, cVt rffu eicicXi}- €^vf\6fiaav roKfi^a€ia» avroit jcoc- 

ciav &p^ija'(u' tvxh^ ''* iiririKio'ag, voiptiv, — Ibid. c. 5« (ibid, c.) Ec ri* 

KaToka^jL^dvti rov 6p6tfO¥, cV ^ tlatSfi irp€aftvr€poSy ^ dtaKOvot, Koraubpoif^ 

6 Oeoboo'ios npoKaOf^taOaC ivuo'as aas rov eVio-«c($9Fov rov tdlov, a^Kiopi- 

dc r6v \a6v, Ka\ rov XocttoO r^v rov afv iavrhv r^f §KK\ria'iat, 17 Idif fFW* 

ofioovatov mtrriv hihdarKtav^ rSnv \mb ijyaytv, jcat Bvaiaarfipiov warfia^v, 

Svi^ada €KK\rjaM>v wyieparrfs iyivrro. Ka\ rov fnia-Kdnov 9rpoaricaXcarofi€VOv 

^ B. 4. ch. 7* 88. 7 And 8. V. 2. aTTdBoiri, Koi fi^ povKoiro avr^ frtt- 

pp. 98 and 100. QtfrBai fiijdt vnaKov€iv Koi frpvrw^ 

^ C. 8. (t. 2. p. 1830 a.) Si quia koi b^vrtpov KCLKoinm' rovrov koBoI" 

forte presbyter ab episcopo suo cor- puaBai n-ovrcXor, Ka\ luiKtri Btpa' 

reptus vel excommunicatus, tumore ntias rvy;((^iy, fufdw dwaaOm Xa^- 

vel superbia inflatus, putaverit se- fiavtiv rfjv iavrov rifirjv' tl bi vapa" 

paratim Deo sacrificia offerenda, vel fA€voi Oopv^v Kai avatrrariw r^ cV- 

aliud erigendum altare. . . non exeat leXi/o'iov, dta rijs Z^^Stv i^owrlat mt 

impunitus. araaimbtf avrov iwnrrpit^trBok, 



i> (jfthtprimiHm clergy. 861 

■tolical Canons*, hare seTeral decrees of the like nature. Tea, 
m careful were the clergy to be of the unity of the Church, 
that they were not to ^tc any encour^ement to heretics, or 
•diistnatics, or excommunicated persons, by communicating. 
with them in prayer or other holy offices (^ the Church, or so 
much as irequentiRg their society, feasting with them, or the 
fike. But I do not enlarge upon these things here, because 
being matters of discipUne, they will come again to be coniu- 
d««d imder that head in another place. 

I have now gone through some of the chief general duties 
which more immediately concerned the office and function of 
the clergy ; tmd by mixing public rules with private directions 
and great examples, have made such an essay towards the idea 
and eharactw of a primitive clerk aa may, I hope, in some 
things exdte both the emulation and curio»ty of many of my 
readers, who may be concerned to imitate the pattern I have 
been describing. If here it be not drawn so full, or so exactly 
to tbe life in all its beauties as they could wish, they will find 
dmr acconnt in satisfying their curiouty by having recourse 
to the fountains themselves, from whence these materials were 
taken. For many things, that might here have been added, 
were purposely omitted for fear of drawing out this part of 
the discourse to a greater length than would consist with the 
dengn and measures of tbe present tmdertaking. And I had 
rather be thought to have said too little than too much upon 
thii head, that I might not cloy, bat leave an edge upon the 
l^ipatite qS the inquisitive reader. 

CHAP. IV. 
An aeeoaat ofaom« other laws and rules, which were a sort 
of <nU-g\uirds and fences to the former. 
1. Havifo thus far discoursed both of such Uws as related to No dergr- 
the life and conversation of the primitive clergy, and of those ^"jjgg^ 
that more immediately concerned the duties and offices of their "^ '^'i"- 
fimction, I come now to speak of a third sort of laws, which ^nion 

'C.ga.[»l^i.] (CotcL [c. 35.1 a;x(irAu]aXX'4(rapiTi>C<j^uni>- 
V.l. p. 441.) £1 n* npta&OTtpot, 9 rot aMir, tt iti) tr kotA mrvrvpltar 

iiapiau^, [al. oAitpiaiiMot,'^ roCrov trot. 
p^ i^axu wop' mpon Srjfi^ixu [aL 



ZDK 



Special Umw% for 



VI 



Jioat 
t 

lundt 
1 leaT«. 



wore, like the Jews' sepimenta l^ffis, a aart of bye^aws and 
rules made for the defence and guard of the two former. 
Among these we may reckon such laws as were made to fix 
the clergy to their pro})er business and calling ; such as that 
which forbad any clergyman to desert or relinquish his statioo 
without just grounds or leave granted by his superiors. In the 
African Church, as has been shewed before *o, from the time 
that any nmn was made a reader, or entered in any of the 
lower orders of the Church, he was presumed to be dedicated 
to the service of God, so as thenceforth not to be at liberty to 
turn secular again at his own pleasure. And much more did 
this rule hold for bishops, presbyters, and deacons. Therefore 
Cyril of Alexandria, as he is cited by Harmenopulus^i, says in 
one of his canons, ' that it was contrary to the laws of the 
Church for any priest to give in a libel of resignation : for, if 
he be worthy, he ought to continue in his ministry ; if he be 
unworthy, he should not have the privilege of resigning, but 
be condemned and ejected.' The Council of Chalcedon^'^ orders 
all such to be anathematized ' as forsook their orders to take 
upon them any military office or secular dignity, unless they 
repented, and returned to the employment which, for God*8 
sake, they had first chosen.' The Council of Tours ^^ in Uke 
manner decrees, * that whoever of the clergy desert their order 
and office, to follow a secular life and calling again, shall be 
punished with excommunication.' The Civil Law was also very 
severe upon such deserters. By an order of Arcadius and 
Honorius*'* they are condemned to serve in curia all their 
lives, that they might never have the privilege of resuming 



*® B. 3. ch. I. 8. 5. V. I. p. 307. 
** Epitom. ap. Leunclav. Jus Gr.- 
Rom. (t. I. p. II. col. sinistr.) Uaoa 

TOVS €KKkrj(TiaaTlKOVS €(m ^fCTfiOVf, 

t6 Xi^tXkovs 7rapaiTria'«av irpoaaytiv 
nvai tSdv UpovpySiv' el yap A^ioi, 
XeiTovpyeiraxrav' d Si fii^, fi^ napai' 
TdaBiUHrtuf, dXX* wr Kareypttxrfifvoi 

*2 C. 7. (t. 4. p. 759 a.) Tovs &7ra( 
cV Kkrip<o icarrtXryficpovr, J) kuI fiopd* 
(ovras, <api(Tafitv, fiTfTt €ir\ (rrpareiaVf 
p-TITt cfrl d^lav KoapiK^v HpxtaBcu' fj 
rovTO To\pM>vTas, kqI p^ perapeXopJ-^ 
yovf, &aT€ cTrcoTpe^t tiri roOro, o 



dia 6c6v np6T€pov ttXovro, oMa^wpO' 
Ti^eaBat, 

'3 C. 5. (ibid. p. 105 1 d.) Si quia 
vero clericus, relicto officii sui ot- 
dine, laicam voluerit a^re vitam^ 
vel se militiae tradiderit, excommu- 
nicationis poena feriatur. 

»4 Cod. Theod. 1. 16. tit. 2. de 
Episc. et Cler. lejf. 39. (t. 6. p. 78.) 
Si quia professum sacrse rebg^onis 
sponte derelicjuerit, continuo nbi 
eum curia vindicet : ut liber illi ul« 
tra ad ecclesiam recursus esse non 
poRsit. 



Iv the regulation of the clergy, SdS 

tiie deiical life agaio. And by a, law of Justinian's i^, both 
ncmks umI clerkB so deserting were to forfeit whatever estate 
tiiey were posseeaed of to the church or monastery to which 
they belonged. 

- 3. But this rule, as it was intended for the benefit of the Yet inn 
Church, to keep the clergy to their duty, so when the benefit ^^a, 
«f the Church, or any other reasonable cause, required the con- «■* >iiw 
trary, might be dispensed with ; and we find many such re- ' 
agnations or renunciatioos practised, and some allowed by ge- 
neral Coun<uls. For not to mention the case of disability by 
reason of old atge, sickness, or other infirmity, in which it waa 
HBoal for bishops to turn over their business to a coadjutor, of 
which I have given a fuQ account in a former book'* there 
were two otb^* cases which come nearer to the matter in hand. 
One was, when a bishop, through the obstinacy, hatred, or 
disgust of any people, found himself incapable of doing them 
any service, and that the burden was an intolerable oppression 
to him ; in that case, if he desired to renounce, his resignation 
was accepted. Thus Gregory Nazianzen renounced the see of 
Constantinople, uid betook himself to a private lif;, because 
the people grew factious, and murmured at him as being a 
stranger. And this he did with the consent and approbation 
of the general Council of Constantinople, aa not only the histo- 
rians Theodm-et'^ and Socrates'", but he himself'^ testifies in 

<' Cod.Justiii. Ll.tit.^. deE|lisC. ridievTi ttX^i cal bi^aOat cai ti 
I^K- 54- (t- 4- P- 140-] Quod ai illi biaSt'mutwaiurof.apxupiaiipi^aK- 



a relinquan , 

MqiM mnaduii fiant, omne ipaorom rots viro^muc murBiirric, Ttturapioii 

JDS ad inoilUterilim ant eccleaiun nnrarptS^v Siipa, «ii jrtpufiayiuf yi~ 

ptrtinet. mui Koriuyvfumr, Kai rair rqc apir^t 

'• B. a. cb. 13, «. 4. T, 1, p. 157. (iSfo-i ^aiarpvydfumv, imiranrov T^c 

'7 L. 5. c. 8. (v. 3. p. aoa. 30.) 'O firylirnit cVii'njt ix'^poT6i"ivaf iri- 

tf Btiet traptKokti rpTyiJptot wtpi Xtwt. 

avfu^tmrua awridpousniirous t^» irpit '" L. g. c.7. (v. 3. p. 367. 30.) Tot* 

AXijXo^ ijiitioair rrporiit^irm T^t I- 61 FpTydpuw 6 Nafuivfbu /uranAlc 

wit irilpit ^mlat, 'E^d n yip, fifni, Jriov r^c rrAtus iv lUKpw ivKn)pi<f 

Mv s-Xfi^MHi ^pornodr isakXirytit raf tnirtryiryAt c'lrauiro' ^rtn ucm- 

t^ ilMnlt ^Aip awoktptntitat ijovxitJi, pon ol jSatriXttc, firynrroi- o/hw (£1^7- 

Cu tptit T^ vpiit^$ijnnf Apipnitr prra piov irptHrmjva^^n^rtr, * Apoimnritir 

riv fuuabt iKiami ml j^oXnrdi' ano- &ii6iiaaaii. rprjyiptos p^r otv, avifp 

X^^aSt mftfftoV rar yip Xi'av ant- AXiSyifior tal (uXo^iV roi'C Kaff iav- 

turar mr , ipn rm iioXtmKav iiroK- rim vittpSaX^av, yiwc Jtinyovyb^oi^ 

XjryifTat fSrXtdr, oXX^Xour ^aXXriv, ror T(>>^ aii itij vrripSpiot, aapiiwt 

■bI rlfr elaiar araX-iirKtir loYvr' nrf- r^v rou ^oiriXtidE wapoiioio)- AffdfM- 

Xapmt yip ovm roit iwrpiyrmv iai- rot, r^»> A" ILtHiaramvovnSkn liiaya- 

Itna. .Av^pa ft) oi» tiriiqTriiratrTts yipr matpTitniTo. 

i^/iiwaaat Kaivmfix'nmi.Tbr^pm- '^ Greg. Naz. Orat. 31. paesim. 



£64 SpecUd laws for Vl^ 

many places of his writings. AfW the same mannery Theodo- 
ret^ says, Melctins, the fiunoiis bishop of Antioch, when he was 
bishop of Sebastia, in Armema, was so offended with the rebel- 
lious temper and contumacy of a perverse and froward people, 
that he abandoned them, and retired likewise to a private life. 
So Theodorus Lector '^^ tells us how Martyrius, bishop of An- 
tioch, being offended at the factiousness of his people and 
clergy, upon the intrusion of Peter Fullo, renounced bis 
church witli these words : ' A contumacious dergy, a rebellious 
people, a profane church, — I bid adieu to them all» reserving to 
myself the dignity of priesthood.' Another case was, when in 
charity a bishop resigned, or shewed himself willing to resign, 
to cure some inveterate schism. Thus Chrysostom^ told his 
people, ' that if tliey liad any suspidon of him» as if he were an 
usurper, he was ready to quit his government when Uiey 
pleased, if that was necessary to preserve the unity of the 
Church.' And so Theodoret tells us^3» that in the dispute be- 
tween Flavian and Evagrius, the two bishops of Antioch, when 
TheodosiuA, the emperor, sent for Flavian, and ordered him to 
go and have his cause decided at Rome, he bravely answered, 

(Vid. prsecipue 1. 1. p. 527 a.) Aorc ypofifia rrjs d^flrco»r, &airfp roif 
fioi rriv xapw ravrrjVf fxerii tvxSiv ij- oTpoTtowafoif, ic.r.X. — Cann. deVit. 
lias mroirifiy^art' dorc /xoi t6 Bua. (t.2. p. 36 d.) 

*H/xti/ dc avyx<i'>p^craT aBpovov fiioPf 

T6v aKkfrj tifVf dX\* Ofias dictydvvoy* 

KaO^trofi ikBiiv 01 kgk&v fptjfiia. 

Kptlaaov yap, fj roir irXi/criov uefuytuvov, 

Mt)t aXXov i\Kftv vp6s t6 /3ovXi;/i* Itrxvtiu, 

MrfT avrhv oXXotr avfju(l>€p€(rff, ot p^ Xdyor. 

Afvp* oaris otdc rhv Bpovop, npoaficuvrrta, 
20 L. 2. c. 3i.(v.3. p. 1 18. 20.).. . ^ Hom.ii.inEpb. p.iiio. (t.ii. 
Kar (Kflvov dc rhv Kaipov McXcViOf 6 p. 89 C.) Ei /icv ovv ircpc ripSiV ravra 
6€<m€<rios ttJXii/ rtva ttjs *App(vtias vK07rrtv€T€, Jfroipoi irapaxoip^(rai r^s- 
lOvvoaVf cira Ta>v dpxopfvov to bvari- dpx^s orttfrcp Slv /SovXomt^^C p6yo¥ 
vuiv bv(Txfpiivas, ^avx^ov rjyfv» «t€- €KK\f)(ria fcrrca pia, 
pcaBi butrpl^oiv, 23 L. 5. c. 23. (v. 3. p. 225. 19.) Ei 

2' L. I. (ibid. p. 567. 27.)np^f 3a- piv t^s Trto-rfwp, h /SacriXcG, irji fprjs 
(TtXca €\Bi>v MapTvpios ovv iroW^ ins ovk opBijs Korriyoptvo'l rw€s, fj t&p 
Tip§ dirfXvBf), (mov^Q koI iraprnvtarei fiUtv i^a\v 'upwrvvris oydjcoi^ jcai av- 
r€VPadlov' eXBw dc (is *AvTi6x*iay, rois xph^'^i*^^ ^^^^ K.aTriy6pois Kptrais, 
Koi /SXcTTODP *AvTiox€is Tapax^us Kal Koi rffv nap* iKtlvwv ix^popttn^p ^r^- 
ardtrto'i x^'P^i'^<'^> *^^ ZTfvtava rov- <f>ov dt^pcu' tl dc ircpt Bp6vov koi 
Tois frvpTTpdrrovra, antrd^aro rrj irpotSpias (vyopaxowriv, o(h*€ ducacro- 
(TTiaKOTrj iir (KKKrja-ias, cittoiv, KXi7p^ pcu, oiirt rois \afklv pav\op€yois da^ 
dwrroTaicTOi kui Xa^ dir€iB(i, Kal cV- ri/iaycVofuii* aXX cVor^crofiai, ical r^r 
leXi^o-/^ (ppvnapfvjj diroTOTTopai, <bv npotopias d<f>4(gpcu' rocydproi t6s f 
Xdrrav tpavr^ t6 ttjs Irpoaavmis a^t- fiovXti r^ *Avrto;(c<)9r Bpdvop, & |8a- 
oapa. o-cXcO. 



the reffuItUion of the clergy. 265 

* Great sire, if mtj accuse m; f^th as eiroaeouB, or my life as 
asqnalijying me for a bishopric, I will freely let my accusers 
be my judges, and stand to their sentence whatever it be : but 
if the dispute be only about the throne and gOTemment of the 
church, I shall not stay for judgment, nor contend with any 
that has a mind to it, but freely recede, and abdicate the 
throne of my own accord. And yon, tare, may commit the see 
of Antioch to whom you please.' The emperor looked upon 
this as a noble and generous answer; and was so affected with 
it, that, instead of obliging him to go to Rome, be sent him 
home again, and bade him go feed the cfamrch committed to 
his care ; nor would he ever after hearken to the bishops of 
Rome, though they often solicited him to expel him. There is 
one instance more of this nature, which I cannot omit, because 
it is such an example of self-denial, and despising of private in- 
terest for the pubhc good, and peace and unity of the Church, 
as deserves to be transmitted to posterity, and to be spoken of 
with the highest commendations. It was the proposal which 
AnrehoB, bishop of Carthage, and St. Austin, with the rest of 
the African bishops, made to the Donatists, at the opening of 
the Conference of Carthage^*; that, to put an end to the 
sahism, wherever there was a Catholic and a Donatjst bishop 
in the same city, they should both of them resign, and suffer a 
new one to be chosen. ' For why,' say they, ' should we scruple 
to offer the sacrifice of such an humihty to our Redeemer? Did 
be descend from heaven to assume our nature, and nu^e us bis 
members f and shall we make any doubt to descend from our 
churs, to prevent his members being torn to pieces by a cruel 
schism ? We bishops are ord^ned for the people of Christ : 
what ^erefore is most conducive to the peace of Christian 

^ Die. I. c. i6. (CC. t. 3. p. 1353 ergo ChriBtianis populia ad ChriBti- 

€.) Quid eniin dnbitemus Redcmp- anani pacem prodest, boc de nostro 

MCiifidam iatiiiB bumi- epiacopatu faciamuB. Si tervi utiles 

re i An vero ille de ccelis BumuB, cur Domini EtemiB lucrii, 

__. I hiunuiB deacendit, ut pro nostris teoiporalibua sublimita- 

1 ejus CMemns, et iio», ne tibus, iDvidemus? Epiacopalia dig- 

M membra cnideli divisiooe nitaa fmctiioaior Dobis erit, ei gre- 

or, da nthediii descendere gem Chiisti mogia depoBiU coUege- 

inial Propter no* nibil luf- lit quam retenta dispenerit. Nun 

M, qnam Chiutiaiii fidelea et qua fronte in fututo aeculo promia< 

ob«^ait«s nmnai hoc ergo leraper aiunaCbriaUi sperabiinua bonorem, 

n^ EpMop ratem [«upUr Cbri- ri Cbriitianuiii m boc bkcdIo noster 

•liuMM popokw ordinuDor : quod boaos iinpedit unitstem. 




i 



Special law$ for 



VIj 



la- 

dad 

iiont 



people, we ought to do in reference to our episcopacj. If we 
be profitable seryants, why should we enry the eternal gun of 
our Lord for our own temporal honours? Our episcopal dignity 
will be so much the more advimtageous to us, if by laying il 
aside we gather together the flock of Christ, than if we dis- 
perse his flock by retaining it. And with what iace can we 
hope for the honour which Christ has promised us in the world 
to come, if our honours in this world hinder tiie unity of his 
Church.' By this we see there were some cases, in which it was 
lawful for men to renounce oven the episcopal office, and betake 
themselyes to a private life; the grand rule being, in these and 
all other cases, to do what was most for the benefit and edifica- 
tion of the Church, and sacrifice private interest to the advan- 
tage of the public. 

3. In these cases, a bishop after he had renounced was not 
to intermeddle with the affairs of the Church, to ordain, or 
letimM perform any offices of the like nature, unless he was called to 
ti cases, assist by some other bishop, or was commissioned by him as his 
delegate ; yet he was allowed the title, and honour, and com- 
munion of a bishop, as the general Council of Ephesus-^ deter- 
mined it should be in the case of Eustathius, bishop of Perga 
and metropolitan of Pamphylia, who had renounced his bi- 
shopric, being an aged man, and thinking himself unable to 
discharge the duties of it. In such cases, likewise, when any 
one receded with the approbation of a Council, he was some- 
times allowed to receive a moderate pension out of the bishopric 
for his maintenance. As it was in the case of Domnus, bishop 
of Antioch, who having been ejected, though unjustly, by Dio- 
scorus, in the second Synod of Ephesus, yet quietly resigned 
the bishopric to Maximus: upon which account Maximus de- 
sired leave of the Council of Chalcedon, that he might allow 
him an annual pension out of the revenues of the Church; 
which the Council of Chalcedon '^^ readily complied with. And 



• *-^ Act. 7. in Ep. ad Synod. Pam- 
phyliae. (t. 3. p. 807 d.) 'Educmwcra- 
ftcy Koi capia-afKV d(;(a iraaris atrriXo-' 
yuK ?x*"' o^vrhv ro rt r^s iniaKoir^s 
ovofia, Koi T^v Tifx^v Koi rqv «coiv<»- 
viay' ovrm fuvrot, &(m fitf xfipori>' 
vtiv avrov, fi^rc /i^v iKKkritrlap Kora- 
Xafiovra Upovpytlw f( l6las au^cy- 



Ttiat' oXX* fj &pa avfi7rapaikafiff€af6' 
fjL€Vov, itrovv fniTpfirofKyou, f I tvxoi, 
TTopa adcX^O Ka\ avP€in<rK6nov Kara 
dio^co-iy Kai ayamip rrfv rV Xpurr^, 

26 Act. 7. al. 10.(1.4. p. 681 e.). . . 
Residentibus universis ante cancel*' 
I08 sancti altaris, Maximus reveren- 
dissimus episcopus Antiochise dixit:* 



thi<. ;iJ^ Eicheriiis-" ino-euuouslv owns, was tlic ancient dosi<j^n 
and ineiuiing of cauonical pensions ; wliich were not used to be 
granted but by the authority or approbation of a Synod, and 
only to such as, having spent the greatest part of their life in 
the service of the Church, desired to be disburdened of their 
office by reason of their age. For the reserving a pension out 
of a bishopric, which a man only resigns to take another, was 
a practice wholly unknown to former ages. 

4. Another rule, designed to keep all clergymen strictly to No dergy- 
their duty, was, that no one should remove from his own JJJ^^ ^^ 



church or diocese, without the consent of the bishop to whose ^^ 
diocese he belonged. For as no one at first could be ordained without the 
ivoAcAvfi€va>9, but must be fixed to some church at his first or- f^jfj^di!^ 
dination ; so neither, by the rules and discipline of the Church musory of 
then prevailing, might he exchange his station at pleasure, but ^{^i^ 
must have his own bishop's license, or letters dimissory, to qua- 
lify him to remove from one diocese to another. For this was 
the ancient right, which every bishop had in the clergy of his 
own church, Uiat he could not be deprived of them without his 
own consent; but as well the party that deserted him, as the 
bishop that received him, were liable to be censured upon such 
a transgression. * If any presbyter, deacon, or other clerk,* 
says the Apostolical Canons^®, ' forsake his own diocese to go to 

Deprecor magnifioentissiinoe et glo- nonicarum potut confirmari ; quae 

riooMimofl huices, et sanctam banc lis tantum tribui consueverant, qui 

et ipiivcaraafem synodum, et buma- magnam vite partem in ministerio 

nitatem exercere in Domnum, qui consumpserant, et propter aetatem 

fmt Antiochiae episoopus, dignemini, se exonerabant epiacopatu. 
et statnere ei certos ■nmptus de ec- ^ Cc. 15 et 16. [al. 14 et 15.] 

deaia, quas tab me est. . . . Uni versa (Cotel. [c. 13.] v. i. p. 4^9.) Et ns 

aancta aynodus vodferata est: Lau- irp€a'ffvTfpot, fj buMovos, If SK»i rov 

dabflea merito sunt benevolentiaB ieaniX($yov r»v feXnp<je»y, ofroXci^rcK 

irchiepiseopi. Omnes cop^tatam e- r^v iavrov frapoiidav, its irepop oir- 

1118 laudamus. . . . Maffnincentissiml tXBjg, xal iravrtX&s iKrcurriis dia- 

jndiceadbDeroiit: Ampfectentesancta rpify cv SKKjf iropoiictf wapii ytwfupf 

svDodo arbitrium Majdmi, viri reli- rov Idlov iiriaK^inv, tovtop jccXcvo/icy 

guMi, epiacoin Antiochiensium, ^uod yaiKin Xe trovpyctv, lutKtara tl irpoo-- 

06 Donmo probavit, et nos eidem koKoviUvov aMv inavfkBtw imaKo- 

oonsentimiis, ejus arbitrio derelin- irov [al.rov inurK^irov oMv cirai'«X- 

qroenteay quae sunt de Domni bono- Btuf] oix vrniKownv, /n-iucvwy t;^ 

nfieentia. ara^i^' i>s XaZx^ /acV roi tKtiat icoi- 

V CoDcil. Hist. 1. 1. C.8. n.30. (p. M»yfira>. El d€ 6 fnitrKOWOs, nap f 

9i8.) Venini,qui ad ba^ attendent, rvyxdyovo-i, trap' ovdcV iiyriaufitpog 

fiMsle videbit. Nihil antiquitus con- [al. XoyurofAtpos] n^ kot alr&v 6p«- 

aneliiin fieri nisi synodice compro- orBturav aypiav, dcfi^i [al. dc|crcu] 

bitom ; hincqne jus pensumum ca- aimw as kktjpiKovs, af^piiitfva «»r 



i 



S68 Speeial laumjwr Tl 

another, and there oontiniie without the eonsent of his own bi- 
shop ; we decree, that such an one shall no longer ministOT as 
a clerk, especially if after admonition he refuse to return, but 
only be admitted to communicate as a layman. And if the bi- 
shop, to whom they repair, stiU entertain them in the quality <^ 
clergymen, he shall be excommunicated as a master of dis- 
order.' The same rule is frequently repeated in the andeot 
Councils, as that of Antioch^^, the first and second of Arles^, 
the first and fourth of Carthage ai, the first of Toledo »^ and the 
Council of Tours ^, and Turin 3^ and the great Council of 
Nice^^, to whose canons it may be sufficient to refer the reader. 

tMawKos arafair.— C. Chalced. c. modis snt excommmiicetur sat |«- 

20. (t. 4. p. 766 b.) E2 dc T19 orconco- dire cogatur. 

iroc litrh, rhv 6po¥ tovtop SKk^ riri- '< Garth. I. c.5. (t. 2. p. 1824 b.) 

n&ir^ wpoarfKoifra dtfcnu jcXi^puc^, . . .Non dfibere cknenm alienum db 

l[do^¥ oKou^pilTov fhfoi rhv dt^Otpra alifiuo suscipi sine literia epiaoopi 

Ka\ t6¥ d€^dfif¥ov, c(o»ff dy 6 furaariig Bui, neque apud 86 detinere. — Caitn. 

mkffpuc6£ tls rijp IdUof ciraWX^ f«- 4. c 27. (ibid. p. 1202 c.) Inferioris 

kknaiav. vero gradus sacerdotes, ut alii cle- 

^ C. 3. (t. 2. p. 561 e.) El r«ff rici, concessione suonim episcopo- 

irpf a/3vrf pof , fj dcdcovor, fj okas r&v rum poflsont ad alias eccleaiaa traiu- 

Tov i€paT€iov Tis, KaraXmap r^p rov migrare. 

fovTov irapoiKiav, (Is irtpap atriXBoi' ** Tolet. I. C. 12. (ibid. p. 1 225 C.) 

tnwvra ircarnkSts fKraaras, dunpi^u^ Item ut libemm ulli clerico non eit 

€P Skkrf napoiKUf. irccporai cVl n-oXX^ discedeie de episcopo 8uo, et alteri 

XP^^y M'^KcVi Xctrovpyctv, c^ ftoXiora episcopo communicare. 

Kokoxnm T^ «ricr«t(J7r« t^ Wio>, icat '^ Taron. I. c. 11. (t. 4. 1052 b.) 

iirapikBdp ds irapouaap ttjp eavrov Si quis cleiicus, absque episcopi sui 

wapaipovpTt, p^ vTroKovoi' (I d« koI permissu, derelicta eoclesia sua, ad 

dwtptpoi r^ ara^iay waPTtX&s ovt^p alium se transferre vohierit locum, 

Ka6aiptur6M ttjs XccTovpyiar, &s fjof' alienus a oommimione habeatur. 

Htn x^pap (xti¥ ajroKaTaaTda€»s* fl ** Taurin. C. 7. (t. 2. p. 1 157 d.) 

dc KaoaiptBepTa dm ravrrjp t^p airiav .... Synodi aententia dennitum est, 

dc^oiTo mpos tiria-Koirost ic^Ktipop ut clericum alterius secundum sta- 

hnnpias rvyxoptw vno Koipijs crvvd- tuta canonum nemo suscipiat, neque 

dov, •>( iropaXvorra rovs Btapovs roifs Blue ecclesite, licet in alio gradu, au- 

•VicXi^a-MiaTMcovr. deal ordinare, neque abjectum reci- 

^ Arelatens. i. c. 21. (t. i. p. 1429 piat in comrounionem. 

b.) De presbyteris aut diaconibus, ^ Nicsen. 16. (ibid. p.'36 e.)*Ocroi 

qui Solent dimittere loca sua in qui- pt^tMnvduMor, lAffn top ^6^p rov 

bus ordinati sunt, et ad alia loca se ecot) np6 SifidkfiStp f;(orrf r, fju/rt t6p 

transferunt, placuit ut eis locis mi- dtucKntnaarucbp itaw6pa c«d<(rcr, dpa- 

nistrent, quibus prsefixi [al. prse- ;(«»pn(rov<rf lifs tKi^ffirias, trpccr^m- 

lecti] sunt. Quod si, rebctis locis /xm tj UtoKopoi, fj SK»s cf tA «ni^m 

suis, ad alium se locum transferre t$€Ta{6p/tpo€* otim -mtikiiiSn iricrot o- 

voluerintydeponantur. — Arelatens. 2. d>fiXovo'tv emit €v Mpq, iKickrfari^f 

c. 13. (t. 4. p. 1012 e.) Nullus cujus- oXX^ natrap ahmsMyicrjpiimtaBcLi 

cumque ordinis clericus, non diaco- xph* apatrro9<l>€ip tls riis iavr&p 

nus, non presbyter, non episcopus, irapoucias, 4 miupopras, ocouwvi/- 

quacumque occasione ludente, pro- rovs thai wptwriicti. §i di Koi roX- 

priam reunquat ecclesiam, sed omni- fU7<rr(c rtr v^apm^am r^ r^ ^p^ 



tJ^ regutaUon of the clergy. 



S0» 



I only obsenre, that this was the ancient use of letters dimifh 
sory, or, as they were then called, diroAin-iJcoi, e^i/iiceU« ovoto- 
TOTiKoi, and eancessarim, which were letters of license granted 
by a bishop for a clergyman to remoye from his diocese to 
another; though we now take letters dimissory in another 
sense; but the old canons call those dimissory letters, which 
were given upon the occasion that I have mentioned. The 
Council of Carthage^ giyes them only the name of tlie bishop' a 
letters, but the Council of Trullo^^ styles them expressly cft- 
mis8cry\ when, reinforcing all the ancient canons, it says, 
' No clergyman, of what degree soever, shall be entertained in 
another church,-— j«crif 1^9 rov oIk^Iov iitiaK&nov iyypi^^av imo^ 
Avruc$9, — without the dimissory letters of his own bishop ;' 
which he might grant or refuse, as he saw proper occasion for 
it : for there was no law to compel him to grant it, whatever 
arts any clerk might use to gain a dismission any other way. 
St. Austin mentions a pretty strange case of this nature, that 
happened in his own diocese. One Timotheus, a subdeacon of 
his church, being desirous to leave his post under St. Austin, 
and go to Severus, a neighbouring bishop, protests upon oath 
to Severus, that he would be no longer of St. Austin's church : 
upon this, Severus, pretending a reverence for his oath, writes 
to St. Austin, and tells him, he could not return him bis clerk 
for fear of making him guilty of perjury. To which St. Austin 
replied ^^, Hhat this opened a way to licentiousness; and there 
was an end of all ecclesiastical order and discipline, if a bisliop 
would pretend to keep another man's clerk upon such a scruple. 



cal ynporoPTJaai cV t;^ 
avrov €KKkiiaiqf fuj crvvicarari^fficvov 
rov Idiov iirio'K&frov, ov m\i>pTitTtv 6 
€9 T^ Kaw6pt €(€TaC6fA€voSf cbcvpos 
loTW m ;(f iporoMO. 

« Garth, i. c. 5. (t. 2. p. 715 d.) 
Non UocHTB dericnm alienum ab ali- 
quo suscipi sine literU episoopi sui. 
Deque aptm se retinere. [This cita- 
tkm ia according to Labbe : but tbe 
citation of the aame canon at n. 31 
preoeding>aiid from tbe aame Coun- 
dl, ia according to the amended edi- 
tion hy HolateniBa e veterilnu co* 
dkibms Vaiie€mi8, aa repeated by 
Labbe al the end of t. 2. p. 1824. 



37 C. 17. (t. 6. p. 1 152 a.) *Opi- 

Cofuv, &aT€ aribiva rmv airay- 

T<ov K\rjpiKS>Vf Kqiv cV olij^fjTroTt 
Tvyxavrj fiaBfiS ^€tav ?;(€iv, €kt69 
rrjg rot) oticf/ov iiruTK&iFov iyypckfiov 
anoXirruajs iv MptjL Ka r ar a rrtfrBai 
itcKkfja-if. 

^ Ep. 240. [al. 63.] ad Sever, (t. 
2. p. 152 b.) Quantus aditua aperi- 
tur ad diaaolvendum ordinem eccie* 
siasticae disdplinse, ai alterius ec- 
desiae clericus cuicunque juraveiit 
quod ab ipso non sit recesauma, 
eum aecum esse permittat ; ideo ae 
facere af&rroana, ne auctor ait ejua 
peijurii, &c. 



A 



J70 



Special lawB for 



VL 



for fear of being acce^isory to his perjury.' This eyidentlT im- 
plies, tliat there was no Uw then to compel a bishop to grant 
letters dimissorj to his clerk : for if there had been any sod, 
Timotheus needed not to have used the stratagem of an oath, 
but might haye compelled St. Austin to have granted them. 
But the Church then did not think fit to put it in every man's 
power to remoTe from one diocese to another at his own plea- 
sure ; but left every bishop sole judge in this case, as best 
knowing the necessities and circumstances of his own church, 
and whether it were expedient to part with the clergy which 
were ordained for her service. 
NIB »- 5. The laws were no less severe against all wandering cler- 
mLttiBm gyni^n, whom some of the Ancients^^ call jSoxcivrc^ot, or vacan- 
wmtder- tivi, by way of reproach. They were a sort of idle persons, 
ff ourn. ^j^^^ having deserted the service of their own church, would 
fix in no other, but went roving from place to place, as their 
fancy and their humour led them. Now, by the laws of the 
Church, no bisliop was to permit any such to ofiiciatc in his 
diocese, nor indeed so much as to communicate in his church ; 
because, having neither letters dimissory nor letters conunen- 
datory from their own bishop, which every one ought to have 
that travelled, they were to be suspected either as deserters, 
or as persons guilty of some misdemeanour, who fled from 
ecclesiastical censure. Therefore the laws forbad the admitting 
of such either to ecclesiastical or lay-communion. * A presbyter 
or deacon,' says the Council of Agde-*^, *that rambles about 
without the letters of his bishop, shall not be admitted to com- 
munion by any other.' The Council of Epone**^ repeats the 
decree in the same words. And the Council of Valentia^*^, in 
Spain, orders such wandering and roving clerks, as will not 



^ Vid. Synes. Ep. 67. (p. 216 a. 
10.) TLtpwoirroxkri rivtt ^aKoprifioi 
nap* fjfiiv' dvifyf yap fwv fiucp6v {mo- 
/3ap3ap(<ravror, ha dih lift (nnnj$(a-' 
Ttpas T^ irokiTti^ <f>mvfjs r^p ivmv 
KOKiav tfiff)aTiKoi>T€pop irapatrr^a-aifu' 
oItoi KaOidpav piiv dfrod€i(iyfjL€infp 
Iyccv ov fiovXovrai' oiyc r^v odaxuf 
a7roX€Xo(7ra(rc, ov Kara avfi<f>opiar, 
dXX* av6aip€Toi fierapdarai yiv6fitpoi' 
KopTTovtrrai d^ rhg riftas, cVci Tftpivo^ 
OToCyrcf, oirov KtpdaX€»rtpov. 

^ C. 52. (t. 4. p. 1392 a.) Pre»- 



b3rtero, sive diacono [al. vel diacono 
vel clerico] sine antistitiB sui epi- 
stolis ambulant! communionem nul- 
lu8 impendat. 

41 C. 6. (t. 4. p. 1577 b.) 

42 C. 5. (ibid. p. 16 19 e.). . Vagus 
atque instabilis clericus, .... si epi- 
scopi, a QUO ordinatus est, pneceptia 
Don obeaierit, ut in delegata sibi ec- 
clesia officium dependat assiduuro, 

Juousque in vitio permanserit, et 
al. a] ^ommunione et honore pri- 
vetur. 



t'<S. the regulation qfthe clergy. TJl 

settle to the constant performaDce and attendance of divine of- 
fices in the church, whereto they were deputed by the bishop 
ihat ordained them, to be deprived both of the communion and 
the honour of their order, if they persisted in their obstinacy 
and rebellion. So strict were the laws of the ancient Church 
in tying the infmor clergy to the service of that church to 
which they were first appointed, that they might not upon any 
account move thence, but at the discretion of the bishop that 
wdajned them. 

6. Nor were the bishops so arbitrary in this matter, but that Lawi 
they themselves were under a like regulation, aud liable to J^JJjJ^j,,^ 
laws of the same nature. For, as no clerk could remove from of bishop* 
his own church without the hcense of his bishop, so neither kb to an- 
might any bishop pretend to translate or move himself to an- ^'^'J^T 
other see, without the consent and approbation of a provindal ed ud nn- 
council. Some few there were who thought it absolutely un- ^*"'**^ 
lawful for a bishop to forsake his first see, and betake himself 
to any other ; because they looked npon his consecration to he 
a sort of marriage to his church, from which he could not 
divorce hunself, nor take another, without incurring the crime 
of spuntnal adultery. To this purpose they wrested that pas- 
sage of St. Paul, " A bishop must be the husband of one wife," 
taking it in a mystical and figurative sense, as St. Jerom^^ in- 
forms OS. But this was but the private opinion of one or two 
authors, which never prevfuled in the Catholic Church ; whose 
prohibition of the translation of biaho{» was not founded upon 
any such reasons, but was only intended as a cautionary provi- 
non to prevent the ambition of aspiring men : that they might 
not ran from lesser bishoprics to greater, without the authority 
of a provincial Synod, which was the proper judge in such 
cases. Some canons indeed seem to forbid it absolutely and 
noivereally, as a thing not to he allowed in any case. The 
CouDcils of Nice '* and Sardica**^, and some others, prohibit it, 

- ^ Ep. 83. [al. 69.] ad Ocean. 6^i n)* tnif^uiv t^v impi rir xa- 
L 3. p. 3»1. (t. I. p- <1S a.) Qui- odn wuptStiaar h nai iiiptaW &<m 

iaaa coacte mterprelantur uiores mti itSKms *U iniXiv /t^ jutaBalvtui, 

CBCClMJia, vinw pro episcopis de- larrt nria-toiror, u^rt irptaBvrtpor, 
■CcilU, &C. lalTi Zwutopoif (I Of Tii furA rii» t^i 

' ** C. 15. (t. a. p. 36 d.) Ati T^ BVi'ac sal firyaXijc maiiou Spotr, rot- 
■«Xih> rdfMyo* «■) ris onnrfir lit ourtf net tmx'V^atuf, ^ ^tdoff 
' ' • wpiffum rouTVTfi, aimpfdrf 



S7S SpedcU lawijar VLi 

without any exception or limitation. Bat other canons restnin 
it to the case of a bishop's intrading himself into another see 
by some sinister arts, without any legal authority from a |Mro- 
vincial synod. So those called the Apostolical Canons^ distin- 
guish upon the matter : * It shall not be lawful for a bishop te 
leave his diocese and invade anothw, though many of the peo- 
ple would compel him to it, unless there be a reasonable cause, 
as that he may the more advantage the Church by his preach- 
ing ; and then he shall not do it of his own head, but by the 
judgment and entreaty of many bishops, that is, a provincial 
synod.' The fourth Council of Carthage ^7 distinguishes mudi 
after the same manner : ' A bishop shall not remove himself 
from an obscure to a more honourable place out of ambition ; 
but, if the advantage of the Church require it, he may be 
translated by the order and decree of a provincial synod.' 
Schelstrate^^ and some other learned persons think that these 
canons were a correction of the former ; the one allowing what 
the other had positively forbidden. But this is not at all pro- 
bable : it is more reasonable to think, that though in the Ni- 
cene and Sardican canons these exceptions are not expressed* 
yet they are to be undei*stood ; because the Council of Klce 
itself translated Eustathius, bishop of Bercea, to Antioch, as 
Mr. Pagi^9 rightly observes out of Sozomen^, and other his- 

(Tcroi e£ &iravTos to Karaa-Ktvatrfm, [al. jroifiv], o>r frXcoy rt Ktpbo^ twor 

Koi mroKaTcurroBriatTai rfj iKKkritriq, fX€vov avrov rois iKflat X<$y^ twrt' 

^ 6 eiriaKimos $ 6 npta^tmpog c;(ct- jSctof (rvfi/SoXXco-^oi* jcal tovto it 

poTovr}Brj. ovK d<f) iairrov, dKka Kplati iroXXwv 

^ C. I. (ibid. p. 628 d.) . . . ."Iko iiruTKowoav Kai irapaKki)tr€i fityiarji. 

^ijdci^ T&v oriiTKonoiv €$jj djr6 iroXcwr ^ C. 37. (t. 3. p. I303 b.) Ut epi- 

fUKods fls €T(pav iroXiv fudiaraa-dcu. scopus de loco ignobili ad nobilem 

— C. Antioch. c. 31. (ibid. p. 573 a.) per ambitionem non transeat. . Sane 

'EniaKtmov anh napoiKias iripas tls si id utilitas ecclesise fiendum po- 

iripav pff ftc^iWao-^ai, fJfTf ahOaioi' poscerit, decreto pro eo clericorum 

To)f fTrippiiTTovra iavrby, prjrt anh et laicorum episcopis porrecto, per 

Xaop €ic0ia{6p€ito¥, fjJjT€ {m6 artaK6- sententiam [al. in prsesentia] synodi 

ircav dvayKaC6p*pov, k, r. X. — Ck)nf. transferatur. 

C. Garth. 3. c. 38. (ibid. p. 11 73 c.) *^ C. Antioch. Restitut. dissert. 4. 

Non liceat fieri rebaptizationes et c. 10. n. 2. de Canone 3i. (p.614.) 

reordinationee vel translationes epi- ^ Crit. in Baron, an. 334. n. 33. 

scoporum. [al. 36.] (t. i. p. 403.). . Eustathius, 

^ C. 14. [al. 13.] (Cotel. [c. 11.] anno sequenti episcopus Antioche* 

V. I. p. 438.) 'EwiaKofTov fjjf €(tivtu nus dictus, cum Theophanos de 

KoraKtiylrayra rfjv iavrov wapoiKtoM S)'nodo Nicsena loquens dicat : Vi* 

crcp9 tnimj^y, kIim vnb n\f^6vw^ dua pontifice Antiochensium eccle- 

wayKdCffrai* €i fuf ru tCkoyos (dria sia synodus Eustathium confirmavil 

ij 9 TOVTO fiiaCofHvrf aM» irot^wu Beroee in Syria episoopum^ quod 



1- the regulation of the clergy. 873 

toruns d* the Church. Which had been to break and afiront 
th^ own rnle at the very first, had it meaDt that it should 
Dot be bwfnl in any caee to tratiBlat« a bishop from one see to 
another. We tnost conclude, then, that the design of all these 
canons was the same, to prevent covetousnese, ambition, and 
lore of preeminence in aspiring men, who thrust themselves 
into other sees by irregular means, ly a faction, or the mere 
fitTonr of the people, without staying for the choice or consent 
of a synod; which was the common practice of the Arian party 
in the time of Constantine and Constantius, and occasioned so 
many laws to be made agMnst it. But when a synod of bishops 
in tbeoT judgment and discretion thought it necessary to trans* 
tate a bishop from a lesser to a greater see, for the benefit and 
advantage of the Church, there was no law to prohibit this, 
bnt there are a thousand instances of such promotions to be 
met with in ancient history; as Socrates^' has observed long 
^o, who baa collected a great many instances to this purpose. 
Those that please may see more tn CotelerhiS'^^ and bishop 
Beveridge^ ; for in so phun a case I do not think it necessary 
to be more particular in my account of them, but proceed with 
other laws of the Church which concerned the clergy. 

7. llie next laws of this nature were anch as concerned the l^w* <»n 
regidenee of the clergy ; the design of which was the same as ^^f^ace 
all the former, to bind them to constant attendance upon their <^ *^ 
duty. And these laws equally concerned bishops and all the 
iaferi(v clei^. The Council of Sardica has several canons re- 
lating to this matter. The seventh ^* decrees, ' that no bishop 
dioald go cIs arpatAvtiov, to the emperor's court, unless the 
emperor by letter called him thither.' The next canon^^ pro- 
late llieopbuiem SoaoiDenut, 1. 1. *' L. 7. c. 36. tot. (iUd. p. 385. 9.) 
c. 3. in lit«ru mUent. 'Em34 Si nm, *. r. X. 

•• li. I, c. a. (t. 3. p. II. 35.) T^B ™ In Can. Apott. 14. (v. i, p. 
ti r&d^iriai] Arnoj(ticw tuv vpht 438. n.ti.) Immenium neet, &c. 
If Oppi^Tji, fieri 'Paiuain oBim nr ^ lu eund. Can. ^ap. Cotel. ibid. 
fwtrrrpcam' tSv iuryiiaw, «r (Uc, p. 467.) Aono Domiu 673, Sec. 



ponmar. oic tU paicpif ti ol tit Ni- arlanotroy xpfjinu ttt t^ OTparitirfSo 
TrofiaylvtirVai, irapmir 



tvS fibv aol rfir Ujwr WiirriBuw, h» 6 (fXa/StWamc &iuriktvs rots im- 

8(ft» AoK^pamw rev Aiojii i Xutou rtri! ypdmuari jitniiraXoiro. 
^rfm> iffMai.- «d1 ifbntmov trra *■ C. 8. (ibid.) [According to 

n|r y rf fBPBi BtppUas tit 'ApTi6}(nar l^bbe, the Uttei part of c. 7. and 

|ui<uifutv. C. 8.] 'Birni^ iroXXiinr irvfi^iWi 
BDI^UJf , VOL. n. T 



/ 



S74 a^)eeial lam Jar VL 

Tides, * that whereas there might be several cases which migbt 
require a bishop to make some application to the emperor in 
behalf of the poor, or widows, or such as fled for sanctuary to 
the church, and condemned criminals, and the like; in such 
cases the deacons or subdeacons of the church were to be 
employed to go in his name, that the bishop might fall under 
no censure at court, as neglecting the business of his church.' 
JuBtinian has a law^ of the same import with these canons, 
* that no bishop should appear at court upon any business of 
his church without the command of the prince ; but if any pe- 
tition was to be preferred to the emperor relating to any civil 
contest, the bishop should depute his apocrisiarius, or resident 
at court, to act for liim, or send his ceccnomus, or some other 
of his clergy, to solicit the cause in his name; that the church 
might neither receiye damage by his absence, nor be put to 
unnecessary expenses. Another canon ^7 of the Council of 
Sardica limits the absence of a bishop fr(Mn his church to 
three weeks, unless it were upon some very weighty and ur- 
gent occasion. And another canon ^^ allows the same time for 

Ttvas oUtov i^tofjL€vov9 icara<fivy€'w nri ovdc avfiit>*p*h (triVfcoirov, cc fufit" 

rriv tKKXrjiriav, 6ih rh 4avT&p ofxaprri' fiiay fittpvrtpaM mfoytaiv fx^> 9 ^P^ 

fAora ctff trtpiopiafi^v fj p^<ro¥ Korodc- fta dv<r;^cpcr, circ vXcurroy ibroXct- 

KatrOivTai, fi [d*] aZ froXiy oj^di/iro- ma3<u rns iavrov cjCfeXija-tar, icai Xv- 

Tovu ajro<f>au'€i fK^i^fuvovs' roir rot- ircf y t6p tfiwrfrnnrufifvcv avrw \a6p. 

ovTois fx^ apvtfriav tlvai i^v Poff$€iav, ^ C. la. (ibid, b.) Tiycs r&p adfX- 

dWii \a)p\s fifXtjcfAov Koi av€v rov ^ti>v jcal (mveinfrKin^p cV racr ir6Xf- 

dcoTacai rotr rocovrotr airf lo'^ai ovy- trip, ip als cViirjcoiroi imBiarapTat, 

X'i>prja'tp' Koi tovto fj ayxipoia ^Kown K€Krrj(rBat trxf>6dfM Skiya 

vfiS>p KpipoTon, IP* cVftd^ (do(€, Sia t6 vtrdpxoPTa Vita' €p crcpwr dc rdfroip 

fi^ niirrtip vir6 Koraypioa'ip ripa r£y rr^crccr fuyakas, c( &p koi ea-iKovpflp 

ifno'K&ircap a<f>iicpovfA€Pop ds r6 orpa- dwarot tltn rois ir^pfivip' ovrws oSr 

rAnt^PftiriPMsavrSiproutvTaifxoup avrois avyx^PV^^^ funu Kpip», Ufa 

dtrfatis, owp cVoyo) errefipfjaBrjfifP, c2 fUXKoitp th rht iavr&p wapayipt' 

dia Idiov diaK6pov airotrrfKkoup' rov' aBai icrria'us, icai t^p ovyKOfud^p r«»y 

TO yap v7rrfp€Tov ro irpdacmop ovk Kapfv&p irouioBaiy Tp€is KvpiaiMf ^fjJ' 

MfpOopop Tvyxoptt, KOI TcSt irapaa-x^- P^^> tovt cort, Tp€is ifidofiaHas h 

Otfaofupa Barrop diaKOfuaOrjpat dvprj' rois iavrSup icr^/iacriv ovrovr dufyfiy, 

cr€ roi. KOi eV r^ ayx^'O'rtvovaxi €KK\Tfa-i^, h 

^ Novel. 6. c. 2. See before, b. 3. ^ np^o'^mpog avpoyoi, xmtp row pxi 

eh. 13. 8. 6. V. I. p.^65. n. 84. X^P^^ avptk^vattas avrop doKti eimc, 

*7 C. II. (t. 2. p. 037 a.) MifipriaBt avptpYta-Btu koi X€iTovpy€ip, koi fjJi 

feat cV r^ npoayopri XP^^ '"®^^ **"**" avp^xfortpop €ls rrfp irokip, tp j cortir 

T€pas iffiSiP K€KpiK€Paif ipa ft rtff XaH' tniaKoirog, Trapayiypoiro, Tovrov yap 

k6s €p trdXft oidyo^p, rptis Kvpuucas t6p Tp6urop Kai ra ohciia aifrov npay' 

rifi€pat iP Tpi(r\p tfidofiaci /t^ avp€p' fiara iraph t^p aurov airoviriav ovdc- 

XOiTo, aTTOKiPoiTo TTJs Koiv^pla£' fl fiiap imofjLfPti Cvffjuay, nat r6 rrjs aXu' 

Tolpvp ntpX T&p XaucSip tovto TtBia^ (optias Koi rov TiKfHnt cieicXtyf tv dc^t . 

TTtorat, ov xP^i <^^^ irparti, dXX* tfyicXfjfia. 



the regrUatum of tlu clergy. 276 

a bisfaop.who b possessod of an estate in another diocese, to go 
and collect hia revenues, provided he celebrate divine service 
erery Lord's-day in the coimtry-church where his estate lies : 
and by two other canons*' of that Council, presbyters and 
deacons are limited to the same term of absence, and tied to 
the forementJcmed rules in the same manner as bishops were. 
The Council of Agde^ made the like order for the fVench 
Churches, decreeing ' that a presbyter or deacon, who was 
absent from his church for three weeks, should be three years 
suspended from the communion.' la the African Churches, 
upon the account of this residence, every bishop's house was 
to be near the church by a rule of the fourth Council of Car- 
thage^'. And in the fifth Council there is another rule*", 
' that every bishop shall have his residence at his principal or 
cathedral church, which be shall not leave, to betake himself 
to any other church in his diocese ; nor continue upon his pri- 
vate concerns, to the neglect of his cure, and Itinderance of his 
frequenting the cathedral church.' From this it appears that 
the dty-church was to be the chief place of the bbhop's resi- 
dence and cure : and Cabassutius^, in his remarks upon this 
canoD, reflects npon the French bishops, as transgres^ng the 
ancient role, in spending the greatest part of the year upon 



••C. 16. (iWd. 11.6406.) 'A.Vio( »C. fi^.{t. 4. p. I393e.)...Tri- 
AFum>nl> mhnii' Oinc oyrottTt iwoia ennio a conuniinione auBpendatur. 
■al wii>iitai rvyjpiMi i) rwr eimroXo- Similiter diaconua vel presbyter, ai 
iijtMN> fiTTorfiniXif' troXXoiuc ttHyap- [per] tres hebdomadal ab ecclesU 
•^ (It mnipr itth hiptav arapximi aiu oefuerint, buic damnatiooi huc- 
wpfoffmpM nil duuanw napayiyov- cumbaut. 

rm, sol o6k ipmiiHra ffpa}(iot Bia- ^1 C. 14. (t. 3. p. I30i b.) Ut 

ymyi -xpirou, inmoiuimim, ml &• episcopus Don longe ab ecclena 

■opm rA« j(p6ro» airr66i mtourrtt hospitialum habeat. 
SunXoMiw 4 fiAic fttrii trXftoroi- ^ C. 5. (ibid. p. iji6h.) Placuk 

nitor tU rit taurir tiranumi in- ut nemini ait facultaB, relicta princi- 

oifrSat Jw ry n tfwTof mp\ nvntr pttli cathedra, ad aliquun eccletiam 

4r iparriat. 'Omar rrruriniiroc tXntf in ditEcesi CODBtitutam ae conferre : 

Ofroi ol ipfn, ol Koi firl -rur imirKo- vel in re propria diutiua quatn opor- 

#•>• bpiapiwot, ^\aTTiodwjaii xai let conatitutun), cutam vel frequen- 

M ramtr vm- trpomvnar.^lbid. tatiooem proprin cathedne negU- 

c 17 (b.) [This canon coDtaina no- gere. 

diing tfirectljr to the purpose, but ■> Notit. Concil. c. 44. [Seec. 4. 

pKcuti a necciwiy abcence, in case an. ^98.] (p. 178.) Huic canoni epi* 

«f a nobnt axpulnon or in leeking ecopi contraveniunt .... qui magna 

tadrvii — El nt Arinoirat fSiof iiro- parte anni ruri versantur et deUci* 

p^rut iibtmi i^th)^, K.T.\. Bd.] antUJ. 
T a 



S76 Special Umw$ for VL 

their pleasure in the country. Tet there is one thing thit 
seems a difficulty in this matter; for Justinian^ says, 'No 
bishop shall be absent from his church abore a whole year, 
' unless he has the emperor's command for it.' Which impfiei, 
that a bishop might be absent from his Inshopric a year in 
ordinary cases, and more in extraordinary. But I concore 
the meaning of this is, that he might be absent a year during 
his whole life, not year after year ; for that would amount to 
a perpetual absence, which it was not the intent of the law to 
grant, but to tie them up to the direct contrary, except the 
prince upon some extraordinary affisir Uiought fit to grant 
them a particular dispensation. 
Of plnnli- 8. Another rule, grounded upon the same reasons with the 
Uwi made ^^'T'^®'** ^^*8 the inhibition of pluralities ; which concerned both 
•boatthem. bishops and the inferior clergy. As to bishops, it appears 
plainly from 3t. Ambrose that it was not thought lawful for a 
bishop to hare two churches. For, speaking of those wonb 
of the Apostle, '' a bishop must be the husband of one wife,'' 
he says^^ ; * If we look only to the superficies of the letter, it 
forbids a digamist to be ordained bishop ; but if we penetrate 
a little deeper to the profounder sense, it prohibits a bishop to 
have two churches.' That is, wherever there were two dio- 
ceses before, it was not lawful for one bishop to usurp them 
both, except whore the wisdom of the Church and State 
thought it most convenient to join them into one. And it is 
remarkable, that though there be many instances of bishops 
removing from lesser sees to greater ; yet there is no example 
in all ancient history, that I remember, of any such bishops 
holding both together ; no, not among the Arians themselves, 
who were the least concerned in observing rules of any other. 
As to the case of the inferior clergy, we must distinguish be- 
twixt diocesan and parochial churches, and between the office 
and the benefit in parochial churches. The circumstances and 

^ Novel. 6. c. 2. (t. 5. p. 54.) ap]>end. p. 360 d.) Si ad superficiem 

Et illud etiam definimus, ut nemo tantum Utene respiciamus, prohibet 

Deo amabilium episcoporam foris bigamam episcopum ordinari : si 

a sua ecclesia plusquam per totum vero ad altiorem sensum conscendi- 

annum abesse audeat, nisi hoc per mus, inhibet epiScopom duas usor- 

imperialem fiat jussionem. pare ecclesiaa. 

^ De Dignit. Sacerd. c. 4. (t. 2. 



the regulation of the clergy. 277 

a of the Church might BometiineB require a presbyter 
m deacon to officiate in more than one parochial church, when 
there was a scarcity of ministers ; but the revenues of such 
ehnrches did not thereupon belong to him, because they were 
pud into iite common stock of the city or cathedral church, 
from whence he bad his monthly or yearly portion in the divi- 
B(m of die whole, as has been noted before. And this makes 
it farther erident, that in those early ages there could be no 
•ach thing as pluraUty of benefices, but tmly a plurality of 
offices in the same diocese, vithin such a district as that a man 
might personally attend and officiate in two parochial churches. 
But tben as to different dioceses, it being ordinarily impossible 
that a man should attend a cure in two dioceses, the canons 
are very express in prohibiting any one from having a name 
in two churches, or partaking of the revenues of both. The 
Council of Chalcedon has a peremptory canon^ to this purpose : 
' It shall not be lawful for any clergyman to have his name in 
the church-roll or catalogue of two cities at the same lime, that 
is, in the church where be was first orduned, and any other 
to which he flies out of ambition as to a greater church ; but 
all such shall be returned to their own church, where they 
were first ordained, and only minister there. But if any one 
is r^tdarly removed from one church to another, he shall not 
partake of the revenues «f the former chiu-ch, or of any ora- 
tory, hospital, or almshouse belonging to it. And such as shall 
presume, after this definition of this great and (ecumenical 
Council, to transgress in this matter, are condemned to be 
degraded by the holy synod.' And, that none might pretend 
under any other notion to evade this law, the same rule was 
made for monasteries, that one abbot should not preside over 
two monasteries at the same time. Which provision is made by 
the Councils of Agde and Epone^, and confirmed by the im- 

■■ C. lo. (t. 4. p. 759 d.) H4 i^ clXXijT (Ir^XXqv (lucXijvfa)', ^S» nic 

nrai KX^purav [■!. uqpu^] » duo rnt nporipat tackijmat froi tbt wr' 

tAtmr KBraXrjtvAu ixxXtiaiait card ovr^ iiaprvpim, t) imtxtlm, t) (no- 

ri ahi, iff Tt T^ <!pj(4>' (X'V"^ dojitUm, nrutouwMU' irpayiiatri' nit 

>bAt ml iw wpoafibirfir, iat fui^oM Jk yt roXfisirar /ttri r^r Spoil t^r 

tiStr, iii U^Tt Kt^t ttciBufuai' roiis ittyaKut >ai oJnoufiovic^c rmrifs tnw- 

it yi l u i m voHvrFOt itnicaBurTavOat, iS4ov irpArrta n rSt» n* awtf^pnia- 

ty (Ub itthfoiq, a j f £ ipjpit ix"" /•<*«»'> ipurtr 1; ayia vvrodor, iarl- 

pmTtKHfBifvwr, aal int itAmf Xwirovp- wnai rev olniou paSiioi. 

yAt <I ^Arw ^ Tw furmAr i( " Agatheoi. c. 57. (ib. p. 1391 c.) 



878 ffpecui/ laum fin- TL 

perial laws of Justinian, who inserted it into his Code^. Saw 

the design of aU these laws was to oblige the clergy to constant 

attendance upon their duty in the church where they were 

first ordained ; from which if they once remoyed, whether with 

license or without, to any other diocese, they were no longer 

to enjoy any dividend in the church or diocese to whidi they 

first belonged. And this rule continued for several ages aft^ 

the Council of Chalcedon, being renewed in the second Council 

of Nice^^, and other later Councils, 

? P^ 9. In pursuance of the same design, to keep the clergy strict 

<gf to and constant to their duty, laws were also made to prohibit 

m^ieoA. *^®™ ^'^"^ following any secular employment^ which might 

bntineu divert them too much from their proper buainess and calling. 

^^' Among those called the Apostolical Canons, there are three to 

this purpose. One^o of which says, ' No bishop, presbyter, or 

deacon, shall take upon him any worldly cares, under pain of 

degradation.' Another*^ says, ' No bishop or presbyter shall 

concern himself in any secular ofiices or administrations, that 

he may have more time to attend the needs and business of 

the Church ; and this under the same penalty of degradation.' 

The laat"^ says, * A bishop, presbyter, or deacon, that busies 

Unum abbatum duobus monasteriis roO o-M/uiroff fropi{ta&»' ci^ yap 6 

interdicimus prsesidere. — Epaun. 'AirdoToXor* rdis xjp^iais ftov «ii rotr 

c. 9. (ibid. p. 1577 ^•) where the oZ<r^ fur €fiov vmfptrrfovp ai x'^^ 

same words occur. avrat' kqI rtnrra fih cV ravrtf rj Ao- 

^ L. I . tit. 3. de Episc. leg. 39. ^vXarr^ irdXf t* cV dc rots f(» X^' 

(t. 4. p. 1 10.) . . . Ov yivtrai dc ^yov- oiif dick r^v ThXtty^w rSof dvOpcmttnpy 

fifvot duo fAOtKiorripiav. inipax»p€i<r$». 
^ «» C. 15. (t..7. p. 609 a.) KktffHKbs *^ C. 7. [al.6.] (Cotel. [c. 4.J v.i. 

mr6 Tov napovTot fi^ KararafrataBn p. 437 •) 'EfrcVjcoiroff, fj nptafivrfpos, 

cV dvo-iv iKKkriiriais' tprroplas yap Kal n buucovos KotrfuiAs <fipovribas ph 

alaxpoKfpbtiai tdiop rovro, Kal ciXXd- av€Lkapfiav€aBio [al. apdkafifiapem'\ 

rpiQv fKK\i}(riaaTiKTJ? wvrjBtias* rjKOV' tl dc fi^yt KoBaiptifrBn, 
<rap(vyap cf avrris i^f Kvpiaic^ff ffm^ 71 C. 81. [al. 80.] (Cotel. [c. 72.! 

i^r* on OX) bvvarai ra dvcrl Kvpiois ibid. p. 447 •) EtTTOf^y, ^1 ov XP^ 

bovktmiv' ^ yap rhv €va futrrja'ti, xal errio'KoiroPt fj irptafivrtpov cir drfpo- 

TOV €Tfpov cryaTr^crcc* fj tov Ms dy- aias diotfc^ccir koBUvoi iavrhv, ci^kh 

S((9Tcu, Kal TOV €T€pov KaTa(l)povrj(r€i' irpoatvKCupiiv rmr iKKkriiruKmKais 

€Kaoros ovv KaTo. r^v *A9ro<rroXcir^y xP*'^^^' 7 VfiBttrOa ovv rovro pi^ 

fl>avfiVf €v f fKKriOf), cV rouro o<^(X«i nottivy fj KoOaiptiirB^'' ovdcir yhp dv- 

p€V€iv, Kal npoa-fbptv€iv iv pnq, iK- varai hvtrl Kvptois dovXrvciv^ Kork Ttfp 

kXtjo-i^* Ta yap fit alaxpoKtpbtiay Kvpuucffv YropajccXcveriv. 
yipoptva arl aav (KKktjO'iaa-TiK&v '2 C. 83. [al. 82.] (Cotel. [c. 74.] 

vpaypartov, dXXifrpui tov Qtov Ka0€- ibid. p. 447.) *Eirccrito»ror, fj npta^V' 

a-TTiKaai' np^s di TTjy tov /3iov tov- npos, fj itoKovog irrpaTtuf, irxo\d(w, 

TOV xpfiav iTFiTTidtvpaTa tla-i Btdxf>opa' Kal /3ovX($/ACvor dpil>6Ttpa KttT€X€Uf, 

/f avT&v tt Ti£ povXoiTO, r& x'^P^^l 'Ptf/uiar^v ^Pxh^* "^^ ttparucfjv oioi- 



the rtffuiation of the cim/y. S79 

hbnself in any secular office, and is minded to bold both a place 
in the Roman government and an office in the Church, shall 
be deposed. For the things of Csaar belong to Ciesar, and the 
tluDgs of God to Qod.' Balsamon and Zonaras take this canon 
to mean only the prohibition of holding mihtary offices, because 
it uses the word arpartUi : but I have shewed before, out of 
Gothofred and others, that the words trrpartCa and militia are 
used by the Romans in a larger signification, to denote all 
kinds of secular offices, as well civil as military ; and therefore 
they more rightly interpret this canon^^, who understand it aa 
a prohibition of holding any secular office, civil aa well as mili- 
tary, with an ecclesiastical one, as things incompatible and in- 
eonsistfflit with one another. Eusebius informs us, from the 
Epistle of the Council of Antioch ?*, which deposed Paulus 3a- 
mosatenaiB, ' that, among other crimes alleged against him, this 
waa one, that he t«ok npon him secular places, and preferred 
the title of dncenariua before that of btah^.' The dueenarii 
among the Romans were a sort of civil officers, so called from 
th^ receiving a salary of two hundred seatertia from the em- 
peror, as Talesius?^ observes out of Dio, And this makes it 
plain, that the intent of the canons waa to prohibit the clergy 
from meddling with dvil offices, aa well aa military. Only in 
some exH'aordinary cases, where the matter was a business of 
great neoesnty or charity, we meet with an instance or two of 
a Inabop's joining an ecclesiastical and civil office together with- 
out ai^ censure. As Theodoret^* notes of the famous Jacobus 
Nisibenms, that he was both bishop and prince, or governor, of 

(7«tr, uAuftia&m' li yip roC Kal' . . . KmrfUicd tifuu/uira WoAwf/uiric, 
nfXtt Kaunpi' ml n mu OtoO, *a\ Sm/airdpioi /uXXok 4 nriimiMrDc 

A Bereng. in Can. cit. (ap. Co- '' In loc. cit. (ibid. n. 5.) De pro- 

lel. ibid. p. 476.).. ..Nobii autem cuiatoribuB ducenariiH vide, qiue 

enrilein qoaiiiUiMt adminiitretionem, acripeit Salroasiue in Notis ad His- 

tnm. Hit dignitalem hie toriam AuguBtam. Sic dicebantnr 

e videtor ; propterea quod procuratores, qui ducenU iMtertia 

, . , iiZrc^' ^X^ proiiniit verbia annul salarii nomine accipiebant a 

tzpbatar, et r^ Uparu^ SuMoiirti principe, ut clare docet Dio in lib. 

oppo mto r: nnde et hi Ejritome tam 53. p. 506. 

LogOtbMte qiuun Aruteni pro (rrpa- ^^ L. a. c. 30. (v. 3. p. 116. ig.) 

nif vjnAdtmf nihil KobBtituitur Ktaiffa, fv 'Ainilvruw Mvyionat 

pnrtO' ipymw, vii enim canonis in nrir opo/iafouiriv, (v p*6oplif Kiirm 

ca his WOm verfau exbibetur, Uprvt rrjt TIrpirS»' Kal 'Pufialw ^yrfiojfiaf 

9pK^ M(|Mr> ravmjt rvitrKonos ^r jcol troXunJ^c ^ 

"h. 7. £.30. (v. I. p. 361. 7.).. ml trrpanr^t'lSica^t. ^M 



S80 Special laws far VLi 

Nisibis, or Antioch in Mygdonia, a city in tlie oonfineB rf tbe 
Persian and Roman empires. Theodoret represents him as a 
man of great fame in his country for his minicles» by which be 
sometimes relieved the city when besieged by the Penians; 
and it is probable, in regard to this, the emperors Constaatioe 
and Constantius pitched upon him as the properest person to 
take the government of the city upon him, being a place in 
great danger, and very much exposed to the incurmons of the 
Persians. But such instances are rarely met with in andeiit 
history. 
«wi pro- 10. In some times and places the laws of the Church were 
[^^^ so strict about this matter, that they would not suffer a bishop 
iton and or presbyter to be left trustee to any man'e will^ or a tutor or 
ow fiv ez- guardian in pursuance of it ; because it was thought tlus would 
"'^^ be too great an avocation from his other business. There is a 
famous case in Cyprian relating to this matter. He tells us, it 
had been determined by an African synod that no one should 
appoint any of God's ministers a curator or guardian by his 
will, because they were to give themselves to supplications and 
prayer, and to attend only upon the sacrifice and service of the 
altar. And therefore 7 7, when one Geminius Victor had made 
Geminius Faustiniis, a presbyter of the Church of Furni, guar- 
dian or trustee by his last will and testament, contrary to tbe 
decree of the foresaid Council, Cyprian wrote to the Church 
of Furni, tliat they should execute the sentence of the Council 
against Victor, which was, that no annual commemoration 
should bo made of him in the church, nor any prayer be 
offered in his name, according to the custom of the Church in 
those times, in the sacrifice of the altar. This was a sort of 
excommunication after death, by denying to receive such a 
person's oblations, and refusing to name him at the altar 
among others that made their offerings, and neither honouring 
him with the common prayers or praises that' were then put up 
to God for all the faithful that were dead in the Lord. This 
was the punishment of such as transgressed this rule in the 

77 Ep. 66, [al. I.] ad Cler. Fur- sua ait tutorem conatituere, non eat 

nitan. p. 3. (p. 170.) Et ideo Victor auod pro dormitione ejua apud vos 

cum, contra formam nuper in Con- nat oolatio, aut deprecatio ali^ua 

cilio a aacerdotibua datam, Gemi- nomine ejus in eccleaia freqnen- 

nium Faustinum, preabyterum, au- tetur. 



o? 1 1, 1 2. the refjulation of the clen/if. 281 

days uf Cv])rian. And in the lullowinir aixes the canon was 
renewed, but witli a little difference. For though bishops were 
absolutely and universally forbidden to take this office upon 
them, both by the ecclesiastical and civil law^^; yet presbyters 
and deacons, and all the inferior clergy, were allowed to be 
tutors and guardians to such persons, as by right of kindred 
might claim this as a duty from them. But still the prohibition 
stood in force against their being concerned in that office for 
any other that were not of their relations; as appears from one 
of Justinian's Novels 7^, which was made to settle this matter in 
the Church. 

11. By other laws they were prohibited from taking upon Laws a- 
them the office of pleaders at the bar in any civil contest, ^ng Bore-' 
though it were in their own case, or the concerns of the ties, and 
Church. Neither might they be bondsmen or wreties for any causes at 
other man's appearance in such causes ; because it was thought ^t^'J^ 
that such sort of encumbrances might bring detriment to the themselves. 
Church, in distracting her ministers from constant attendance chorees. 
upon divine service, as appears both from the foresaid Novel 

of Justinian®^, and some ancient canons, which forbid a clergy- 
man to become a sponsor in any such cause, under the penalty 
of deprivation. 

12. Now as all these offices and employments were forbidden Laws a- ^ 
the clergy upon the account of being consumers of their time, following 
and hindrances of divine service ; so there were some others Mc^iar 

«•«.« « !• •• « uTades and 

prohibited, not only upon this account, but also upon the notion merchan* 
of their being generally attended with covetousness and filthy ^^* 

^ Vid. C. Garth. 4. c. 18. (t.*3. fidejussorem pro talibuB cauais epi* 

p. 1 201 c.) Ut episcopus tuitionem acopum, aut ceconomum, aut alium 

teitameDtoram non auscipiat. dericum cujualibet gradus, aut mo* 

^ Novel. 123. c. 5. (t. 5. p. 543.) nachum proprio nomine, aut ecele- 

Deo antem amabiles episcopos et sise aut monaaterii, aubire non aini- 

monachoe ez nulla lege tutorea, aut mus : ut non per hanc occaaionem 

corakores cujuacunaue peraonss fieri et aanctia domibua damnum fia^ 

penmttimua. PreaDjrteroa autem et et aacra miniateria impediantur. — 

olaooDoa et aubdiaconoa, jure et Conf. C. Apoat so. [al. 19.] (Cotel. 

lege cogoationie, tutelam aut curam [c. 16.] v. i. p. 438.) ISXripuAs iy- 

•aac^MTB haereditatiB permittimua, yvat didovs, KaBaip€la&». — Conatit. 

See. Apoat. 1. a. c. 6. (Cotd. ib. p. 216.) 

^ Ibid. c. 6. (p. 542. ad calc. et p. ^Eoro dc 6 iwUrKcvos . . . . fi^ ^TV^ 

$4^) Alinm autem [al. Sed neque] ^w6s rum, fj avwtgyopmif duuu$ xp^ 

fien .... ant procuratorem litia, aot fun-Malv . 




S82 



Special laws for 



y\:i 



lucre. Thus, in the first Coundl of Carthage ^S we find several 
prohibitions of clergymen's becoming stewards or accountants 
to laymen. Tlic thh*d Council ^^ forbids both that, and also 
their taking any houses or lands to farm, and generally all 
business that was disreputable and unbecoming their calling. 
The second Council of Aries ^ likewise forbids their farming 
other men's estates, or following any trade or merchandize for 
filthy lucre's sake, under the penalty of depriTalion. The ge- 
neral Council of Chalcedon has a canon"'* to the same purpose, 
' that no monk or clergyman shall rent any estate, or take 
upon him the management of any secular business, except the 
law called him to be guardian to orphans, in the case that has 
been spoken of before, as being their next relation, or else the 
bishop made him steward of the church-revenues, or overseer 
of the widows, orphans, and such others as stood in need of the 
Church's care and assistance.' And here the reason given for 
making this canon is, that some of the clergy were found to 
neglect the service of God, and live in laymen's houses as their 
stewards, for covctousness and filthy lucre's sake. Which was 
an old complaint made by Cyprian®*, in that sharp invective 
of his against some of the bishops of his own age, who were so 



8* C. 6. (t. a. p. 715 e. — Conf. ib. 
p. 1824 d.) Qui serviunt Deo, et 
annexi sunt clero, non accedant ad 
actus seu adroinistrationem vel pro- 
curationem domorum.— Ibid. c. 9. 
(p. 716 d.) . . . Et ipsis riaicis] non 
liceat clericos nostras eligere apo- 
thecarios vel ratiocinatores. 

^ C. 15. (ibid. p. 1 169 e.) 

Clerici non sint conductores, neque 
procuratores, neque ullo turpi vel 
inhonesto negotio victum qnserant. 

^ Arelatens. i. al. 3. c. 14. (t. 4. 
p. 1 01 3 a.) Siquis clericus . . . con- 
ductor alienee rei voluerit esse aut 
turpis lucri gratia alic^uod [genus] 
negotiationis exercuent, depositujs 

Ea clero,] a communione alienus 
labeatur [al. fiat]. 
^ 84 C. 3. (ibid. p. 75^ d.) *HX^«v 

fir r^v ayiav crvvwov, ori ratv iv r^ 

ala-xpoKtpdfiap dKkorpwv KnjfidroiP 
yivovrai fuo'Scoral, Koi npaypara jco- 



<r/UK^ tpydkafiowrif rns ixiv rov Ocov 
Xcirovpyiar Karapp^avtiovims, rovt 
dc rov Koa-fUKav \moTO€\ovT^s otxovr, 
Koi ovai&v )(€ipt€rnovs d»ad€)(6fJi«voi 
dick ^iXa/ryvptay' &pitrt roiwv 17 ayia 
avvodos, fu]0€va rov \oiirov, firf cttc- 
CKOTTOV, fiff KKrfpixbp, fifj fjLOvd(ovTa, ^ 
fuaBovaiai KTrffiara, J) Trpayfurra, rj 
€ir€i(ray€iv icnrrhv KoafUKois dcoiic^- 
cr€(ri* ttXtjv cc ^117 nov €k vdfiav Ka- 
Xoiro fh d<f)rj\iK€ov ajrapaiTrjTOv riri- 
TpOTTTfV, ^ 6 T^s YrAccDf €ni<rK07ros 
€KKkjj(ria(mKav trrtrpi^oi <t>povri(€t» 
irpaypaTdv, fj 6p(fiavSiv /cal XfP^^ 
anpovofjT<ov, Koi r&v frpotram^v t&v 
fiaXio-ra r^r €KK\Tj<natrrunjs dco/AcVe^y 

8* De Lapsis, p. 133. (p. 8p.) 
Episcopi plurimi, divina procuratio- 
ne contempta, procuratores rerum 
ssecularium fieri, derelicta cathedra, 
plebe deserta, per alienas provincias 
oberrantes, negotiationis qussstuosse 
nundinas aucupari, &c. 



^, 13. the ngulatioit of the c/enjij. 283 

far o:orie in tliH vice of cuvotoimncss as to lU'Lrli'ct tlie sorvicc nf 
God to follow worldly business ; leaving their sees, and desert- 
ing their people, to ramble about in quest of gainful trades in 
other countries, to the provocation of the Divine vengeance, 
and flagrant scandal of the Church. So that, these being the 
reasons of making such laws, we are to judge of the nature of 
the laws themselves by the intent and design of them ; which 
was to correct such manifest abuses, as covetousness and ne- 
glect of divine service, which, either as cause or effect, too 
often attended the clergy's engagement of themselves in se- 
cular business. 

18. But in some cases it was reasonable to presume that what li 
their engagements of this nature were separate from th^se^^"^^ 
vices. For in some times and places, where the revenues of these la^ 
the Church were very small, and not a competent maintenance 
for all the clergy, some of them, especially among the inferior 
orders, were obliged to divide themselves between the service 
of the Church and some secular calling. Others, who found 
they had time enough to spare, negotiated out of charity to 
bestow their gains in the relief of the poor, and other pious 
uses. And some, who, before their entrance into orders, had 
been brought up to an ascetic and philosophic life, wherein 
they wrought at some honest manual calUng with their own 
hands, continued to work in the same manner, though not in 
ihe same measure, even after they were made presbyters and 
bishops in the Church ; for the exercise of their humility, or 
to answer some other end of a Christian life. Now in all these 
cases, the vices complained of in the forementioned laws as the 
reasons of the prohibition, had no share or concern ; for such 
men's negotiations were neither the effects of covetousness, 
nor attended properly with any neglect of divine service ; 
and consequently not within the prohibition and censure of 
the laws. 

For, first, both the laws of Church and State allowed the in- 
ferior clergy to work at an honest calling, in cases of necessity, 
to provide themselves of a liberal maintenance, when the reve- 
nues of the Church could not do it. In the fourth Council of 
Carthage there are three canons ^^ immediately following one 

^0.51* (t. a. p. 1304 b.) Cleri- tus, artificio victum (}userat. — C. 53 
cot, quuitiiiiilibet verbo Dei erudi- (ibid, c.) Clericus victum et vesti- 



9M 



S^Mcial lam$Jwr 



VLi 



another, to this purpose; ' thii thej shooU proride tfaemaelTes 
of food and nument at some honest trade or hnBbandry, with- 
out hindering the duties of their office in the Church; sod 
such of them as were able to hibour should be taught some 
trade and letters together.' And the laws of the State were 
so far from hindering this, that they encouraged such of the 
clergy to follow an honest calling, by granting them a special 
immunity from the chrysargyrum, or butral tax, which was 
exacted of all other tradesmen, as I haye shewed more at large 
in another place ^". 

Secondly. It was lawful also to spend their leisure hours 
upon any manual trade or calling, when it was to answer some 
good end of charity thereby ; as that they might not be OTer* 
burdensome to the Church, or might have some superfluities to 
bestow upon the indigent and needy ; or OYon that they nught 
set the laity a provoking example of industry and diligence in 
their callings : which were those worthy ends which the holy 
Apostle St. Paul proposed to himself in labouring with his own 
hands at the trade of tent-making ; after whose example many 
omineut bishops of the ancient Church were not ashamed to 
employ their spare hours in some honest labour, to promote 
the same ends of charity which the Apostle so frequently in- 
culcates. Thus Sozomen^s observes of Zeno, bishop of Maiuma 
in Palestine, ' tliat he lived to be an hundred years old, all 
which time he constantly attended both morning and evening 
the service of the Church, and yet found time to work at the 
trade of a linen-weaver, by which he not only subsisted liim- 
self, but relieved others, though he Uved in a rich and wealthy 
Church.' Epiplianius®^ makes a more general observation 



mentum sibi, artificiolo vel agricul- 
tura, absque officii sui [duntaxat] 
detrimento, prseparet [al. paret]. — 
C. 53. (ibid, c.) Omnes clerici, qui 
ad operandum validi [al. validiores] 
sunt, et artificiola et literaa discant. 

*^ B. 5. ch. 3. 8. 6. V. 2. p. 138. 

* L. 7. c. 28. (v. a. p. 321. 27.) 
4\ia\ yoOv aMv, fioKkov dc kcu rffuis 
f^&tiifif$a, eiria-KOtrovirra rfjp iv ry 
MaVof^ tKKkrialay, ^dtj yrjpoKfov Ka\ 

«'wA»W $ itnrtpiv&v vfufmv, tj SXXtfs 
Mk^y u M«f>« •^o* "^^ MfrxW 



Sy(0V \tvriv taBrjra v<fMUf€P etrt /lop^ 

pOVS loTOV, €VT€VB€P T€ TO ilTtT^dfia 

tlx^t Koi SKXois €xopfiy€i' Kal ov di(' 

tpyov, Kcuirtp dpx<u^^Ti rtop dpa to 
tOvoi Uptciv irp<aT€VWPt Koi Xa^ jcac 
Xpfipatri fuyiarrjs tK/ckfjaias irpoc- 

OTWff. 

^ Hser. 80. Masgalian. n. 6. (t. i. 
p. 1072 c.) Ka\ yap €( avrap rov Gcou 
Iffpctfy, Koi avTOi furh rov KrfpvyfAaros 
Tov \6yov fupovp^poi t6p dyioy furit 
t6p 6cov €p Xpurrf nartpa, ^fil dc 
Hat/Xor r^ Bytop * AfntoroXor, mil av- 



airainst the Massaliaii horotics. who were LTi'oat eiicouray'ers of 
idleness, * that not only all those of a monastic life, but also 
many of the priests of God, imitating their holy father in 
Christ, St. Paul, wrought with their own hands at some honest 
trade that was no dishonour to their dignity, and consistent 
with their constant attendance upon their ecclesiastical duties ; 
by which means they had both what was necessary for their 
own subsistence, and to give to others that stood in need of 
their relief.' The author of the Apostolical Constitutions^ 
brings in the Apostles recommending industry in every man's 
calling, from their own example, that they might have where- 
with to sustain themselves, and supply the needs of others. 
Which, though it be not an exact representation of the Apo* 
sties' practice, for we do not read of any other Apostle's labour- 
ing with Ms own hands, except St. Paul, whilst he preached 
the Gospel, yet it serves to shew what sense that author had 
of this matter ; that he did not think it simply unlawful for a 
clergyman to labour at some secular employment when the 
end was charity, and not filthy lucre. And it is observable, 
that the imperial laws for some time granted the same immu- 
nity from the lustral tax to the inferior clergy, that traded 
with a charitable design to reheve others, as to those that 
traded out of necessity for their own maintenance ; of both 
which I have given an account in another place. 

Thirdly. We have some instances of very eminent bishops, 
who, out of humility and love of a philosophical and laborious 
life, spent their vacant hours in some honest business, to which 

Toif Korh t6 huparhVf tl icai fi^ ircWcf, koI Karh diK<uo<rvinfv airovfitvmv, dt* 

aXX* ol wktiovf, nug 2dtair X'P^^ ^P~ xmtp^ok^ de irpoaip^trtas rovro av- 

yafSfntPOif wa» 9 avaKAvns arvfiirpt' r&v notovvTwv, 

wmw ap T^ a(Uffumy Kai r^r ^jocXii- ^ L. 2. c. 63. (Cotel. v. I. p. 271.) 

m at rr u tm t^powrldos McXcx't^ rv- 02 bt ptArtpoi Ttjf fKKkrfa'ias, cV nd' 

poup T9XJ^9 8w99f lurh rov Xifyov (TOig rdig xp€laig dStcvms Xcirovpyvu^ 

uA Tov lawvyfiam ^ (rvp€i9ri<ns x'^' (nrov^{€Tt' fitrd ndtrrfs ctfiydTTjTOf 

ffffg dfld m X^H^ Vblmv Kof/KO^poV" roii tffyyoif vpav crxoXafcrc, ^cor cV 

en, coi 4mrn hrapKovfiwri, rois re naprl r^ ;(p<$va> vp&p jrt rtrapicovyns 

idtkiPoiSf nu Mtofttvots rrjp urr& xal iavrois Kat roit mpoptpois, vp69 

X^pm oUopOfUaf dtmpx&¥ di, <prfp\, r6 fjJf irri^aptiv lifv rov Of oO c xkXi;- 

col wpotr^opmtf, ml i^ cmt&p tS>v duk clap' Ka\ yip ^fulg ifxokdCopTts rf 

ify &i> npyatrpiim^ di ^mp/SoX^v X<$y^ rov cdayyrXtoi;, 6iu»s Koi rdy 




iKkh ducauHnnnrjs 7r6pou9 prjUfirort ^pas dpywt fhm. 



886 Special lawsjbr VI 

they had been accustomed in their former days. Thus Rnffin'^ 
and Socrates ^^, and Sozomen^, tell us of Spiridion, bishop of 
Trimithus in Cyprus, one of the most eminent bishops in the 
Council of Nice, a man famous for the gift of prophecy and 
miracles, ' tliat, having been a shepherd before, he continued 
to employ himself in that calling, out of his great humility, all 
his life/ But then he made his actions and the whole tenor 
of his life demonstrate that he did it not out of covetousness. 
For Sozomen particularly notes, * that, whatever his product 
was, he either distributed it among the poor, or lent it without 
usury to such as needed to borrow, whom he trusted to take 
out of his storehouse what they pleased, and return what they 
pleased, without ever examining or taking any account of 
them.' 

Fourthly, I observe, tliat those laws which were most severe 
against the superior clergy's negotiating in any secular busi- 
ness, in cases of necessity allowed them a privilege, which was 
equivalent to it ; that is, that they might employ others to fac- 
tor for them, so long as they were not concerned in their own 
persons. For so the Council of Eliberis.^ words it: * Bishops 
presbyters and deacons shall not leave their station to follow 
a secular calling, nor rove into other provinces after fairs and 
markets. But yet, to provide themselves a livelihood, they may 
employ a son, or a freeman, or an hired servant, or a friend, or 
any other : and, if they negotiate, let them negotiate within 
their own pro>ince.* So that all these laws were justly tem- 
pered with great wisdom and prudence; that as, on the one 
hand, the service of God and the needs of his ministers and 
servants might be supplied together ; so, on the other, no en- 

^^ L. I. [al. ic] c. 5* (p> 3 20. a. 6.) biovrai jco/it^co^cu, tcai vroXty cnrodi- 

Hic pastor ovium etiam in episco- ddvac oa-ov fjdto-av KOfuadfievoi, 
patu positus permansit. ** C. 19. [al. 18.] (t. i. p. 97a e.) 

^ L. I. c. 12. (v. 2. p. 39. 32.) Episcopi, presbyten, et diaconi, de 

Aia dc dTv<f>iav froXX^v, ex($ficvo( ttjs locis suis negotiandi causa non dis- 

tma-Koirrls €iroifAaiv€ Koi ra np6fiara, cedant, nee circumeuntes provin- 

^ L. I. c. II. (ibid. p. 23.) "eBos cias qusestuosas nundinas secten- 

^v To\fT<i^ r^ 2frvpcdo>vi, rSiv yivofic- tur. Sane ad victum sibi conqui- 

vttv avT^ KapnSiv, rovs firfv Trrcixoh rendum, aut filium, aut libertum, 

di(iv€fi«iv, Tovs dc npoiKa davtfciv toU aut mercenarium, aut amicum, aut 

e^cXovo-tv' oCt€ dc diBovs, oikt a?ro- quemlibet mittant : et si voluerint 

XofA^dvoav, di iavTov ntipfixtv fj virt^ negotiari, intra provinciam negoti- 

^€)(^tTo' u6vov dc rh TCLfUiov circdci- entur. 
taofs cfrcrpfTTf toU irptHnovaiv, oaov 






the refftdation ofih/t eUrgy. 987 

shonld be ^ven to coTetousness in tha clergy, nor 
any one be countenanced in the neglect of his proper business, 
by a license to lead a wandering, busy, distracted life, which 
did not become those that were dedicated to the sacred func- 
tion. It is against these only that all the severe invectives of 
St.Jerom°^, and others of the Ancients^, are levelled, which 
the reader must interpret with the same limitations and dis- 
tinctJoQ of cases as we have done the pubhc laws ; the design 
of both being only to censure the vices of ttie rich, who, with- 
ont any just reason or neceswty, immersed themselves in the 
ores of a secular life, contrary to the rules and tenor of their 
profession. 

14. Another sort of laws were made respecting their outward Iaws ra- 
behaviour, to guard them equally ag^nst scandal in their cha- ^^^^f 
ncter, and danger in their conversation. Such were the laws wwd m 
against corresponding and conversing too familiarly with Jeata 
and Oentile philosophere. The Council of Ehberis^^ forbids 
them to eat with the Jews, under p^ of suspension. The 
Council of Agde^" has a canon to the same purpose, forbidding 
them to give as well as receive an cntertmnment from the 
Jews. And those called the Apostolical Canons^ not only 
prohibit them ' to fast or feast with the Jews, but to receive 
T^ topriis (ipta, any of those portions or presents, which 
they were used to send to one another upon their festivals.' 
And the laws against conversing with Gentile philosophers 

* £p. 2. [ti. 53.] ad Nepotian. quis clericus vel fidelis cum Judnia 

1. 1, p. 357 c.) Nwotifttorem deri- cibnin sumpserit, pUcuit eum a com- 

enm, et ex inope divitem, ex ign»> muDione abatinere, at detteat emeo- 

inli dorioMim, qnau qnamdam pes- dari. 
imi tDge. ^ C.40. (t. 4. p. 1390 a.) Omnea 

** Snip. Sever. Hiat. 1. i. p. 30. deinceps clerici, eive laid, Judso- 

(p. I30.] Tanta hoc tempore animas mm convivia evitent: ncc eoB ad 

eanim luibendi cupido veluti tabes, coDvii-ium quisquam exdpiat. 
inceant : inhiant poaaCBBioDibui ; "" C. 70. [al. Sg.] (Cotsl. [c. 6a.] 

pntdia ezcolunti auro incubaot; v. i. p. 446.) Et rtt (iri'o'KrnrDE, ^ A- 

anuiltVCIiduntque; qiueatuiperom- \ot ^rfpiiait, [al. tj rrpttrffirtpoc, 9 

■M itlideDt. At n qui melioriB prO' dioxovoc, fl SKtn rov nuTtAiyov iw 

ponti ndentnr, neque poasidentea KkijpiKav,] vijimuai furd r^ir 'louSoi- 

peqoa negotianlea, quoa est multo »v, Q /opnifei [al. crvwoffrdfri] fur 

tlIipilH,a«dentea muneiB exBpectant, aurmv, tj bixirai ovraw [al. dijfoiro . 

atqna omne vitie decua mercede cor- trap' auray^ ra t^i iopr^s £»«i, olor 

raptmii babent, doni quaai veoalem SCv/ia, 4 n rouvnw, mSmptiaSit- tl 

ft a rfar u nt aanctitatem. JU XoucAr, A^iepiiitrfin. 

" C. I. (t. I. p. 976 b.) Si vero 



888 Special laws far Tlj 

wero mach of the nune nature. For Soiomen ^ aajs, The(xb> 
tu8, biHhop of Laodioea in Syria, excommnnicated the two 
Apollinarii, father and son, because they went to hear Epipha- 
nius, the sophist, speak his hymn in the pnuse of Baochos: 
which woA not so agreeable to their character, the one beings 
presbyter, the other a deacon in the Christian Church. It im 
in regard to their character, likewise, that other canons re- 
strained them from eating or drinking in a tarem, except thij 
were upon a journey, or some such necessary occasions reqmred 
them to do it. For among those called the Apostolical Gi- 
nons^, and the decrees of the Councils of Laodicea^ and Cl^ 
thagc^, there are several rules to this purpose; the strictneM 
of which is not much to be wondered at, since Julian required 
the same caution in his heathen priests, that ' they should nei- 
ther appear at the public theatres, nor in any taverns, under 
pain of deposition from then* office of priesthood,' as may be 
seen in his letter to Arsacius, high-priest of Galatia, which So- 
zomon ^ records, and other fragmentfl of his writings. 
,rs re- 15. To this sort of laws we may reduce those ancient rules 

."8:^ which concerned the garb and habit of the ancient clergy; in 
which such a decent mean was to be observed, as might keep 
them from obloquy and censure on both hands, either as too 
nice and critical, or too slovenly and careless in their dress: 
their habit being generally to be such as might express the 



^ L. 6. c. 25. (ibid. p. 251. 15.) 3 c. 24. (t. i. p. 1501 a.) *Oti o4 

""En yap Qtofiorov .... rrw \ao^iK€<ov dci Uparucovs ani npttrfivriprnf tms 

iKKKrjfriav l&wovros, kot CKftvo xou- duuc6vaPf Ka\ i^rjs Trjt coeXfycruicm* 

pov duxTTpfirav ^EnKpavtog, 6 trodu' Ktjg ra^ccof co»ff imrjperwv, ^ oyoyMf 

<rr^s, vfiyov tis r6v Aiowtrov napjjei' (rrSiP, $ ^fnkr&v, ^ cfropjuoTcM^, $ 6v^ 

MaaKdktf di avr^ xp^fuvot *A7roX- piopSiv, ^ rov rayparos rcoy daiair&p, 

\ivapios, crt yap vcor ^v, irapryivtro €ls icatnjXuop ^lauvat,. 

TJj dKpoda-€i aw T^ narpi' Spawfios it ^ Carth. 3. C. 27- (t. 2. p. 1 1 71 b.) 

avT^, ypapLpariKos oIk &<rqpo^' . . pja- Ut clerici, edendi vel bibendi causa, 

^a>vraCra6«$doror6r7ricr«eo7ror,;^aXc- tabernas non ingrediantur, nisi pe- 

nv>i fjv€yK€ . . 'An-oXXtvap/o> ap<fi<o, ttjp regrinationis necessitate compulsi. 

apapriav hrfpoaiq. cXry^r, r^r €KKkrj- ^ L. 5. C. 16. (v. 2. p. 203. 48.) 

a-ias a<f>o>pia'€v' ^arriv yap iiXrfpiM, 6 "Eirtira irapaivtaop Upta, fUfT€ Btd' 

prjv naTrfp, irptafivrtpos* 6 Si iraU, rpt^ napafioKKtw, urjfn iv Komikfim 

dvayvaarris rri t&v UpStv ypa^S>v, irivtw, ^ T€xyris rivos Koi tpyatrias at" 

^ C. 55. [al. 53.] (Cotel. [c. 46.] axpas Ka\ €irovti8iarov npourraoBai, 

V. I. p. 445.) Et TIP Kkfjpuc6s iv Kami' koi rovg pr/v neiOofttvovs ripa' roifS 

Xeto) (fkapaBrj [al. t^pa^cti;] taBimv, dc dntiOovvras c£«^€(. — Vid. Julian. 

d<l>opi(€a'6<Of irapi^ rov iv fraydo;(ei^ Fragment. Ep. (p. 547*) 
€v dd^ bi dvayiajv jcaraXvouyroff. 



)• the reffulatum of the chrgy. 289 

grant; of their minds without any Baperstitiotis singularities, 
and their modesty and humility without affectation. In thb 
matter, therefore, th^r rules were formed according to the 
customs and opinions of the ^e, ^hich are commonly the 
standard and measure of decency and indecency in things of 
this nature. Thus, for instance, long hair, and baldness by 
. shaving the head or beard, being then generally reputed inde- 

* cencies in contrary extremes, the clergy were obhged to ob- 
serre a becoming mediocrity between them. This is the mean- 
ing of that controverted canon of the fourth Council of Car- 

• thage, according to its true reading^, ' that a clergyman shall 
neither indulge long h^, nor shave his beard, — clericus nee 
comam nnlriat, nee barbam radat' The contrary custom 
bong now in vogue in the Church of Rome, Bellarmin? and 
many other writers of that side, who will have all their ceremo- 
nies to be apostolical, and to contain some great mystery in 
them, pretend that the jrord radat should be left out of that 
ancient canon, to make it agreeable to the present practice. 
But the learned Savaro" proves the other to be the true read- 
ing, as well from the Vatlcao as many other MSS. And even 

' C. 44. (t. s. p. 1103 e.) \V\A. sit, malo exemplo. Nam sive illud ' 

It. in loc. - Aliu barbam tonAtat : » Concilio CarthaKiDienat Bumptura 

m IJbro Gemblaceoii. Aliai bar- sit, io iUo legitur, Neqne barbam ra- 

I bam radat additur in Libro Gsn- dat : si ex DecretiB Asiceti Papie, in 

I densi S. Bavonii, titulo Statuta Be- illis nulla barbn menUo est. Diat. 

I cktiie antiqua. Pleraque autem ez- 33., Can. ClericiB. Usuard. 15. Kal. 

f cmplaria noD hsbent, radat vel torn- Mali, Pontific. c. 13. Innocent. III. 

dtat, at sit Bcniua, clerico nee co- Ep. 3. ad Tardiainum, et Maiianua 

mam nee barbatn nutriendam. Ed.] Scotus in Chrooico; qui omaes auc- 

^ De Monachis, 1. 3. c. 40. (t. 3. p. torea inter sanctioneB Aniceti barbe 

495 a.) Concilium Carthag. 4. c. 43. rasioDem dod numerant. MartinuB 



probibct dericot alere eomam aut quidem Polonus in Cbroaico, et Pe- 

Darbam. tnis deNalalibua, 1.4. c. 57., eoDtti- 

B Not. in Sidon. 1. 4. Ep. 34. (p. tutionem, qua coma et barba simul 

^o6.)Sicnt derici comam loudebant, clericit pronibetur.Aniceto tribuunt, 

tta barbam promittebaat. Concil. sed quo auctore nescio. Sdo qui- 

Carthag.4. C.44. Clericu* luque CO- dem et liquids scio, ex tradiliooe 

■MM nutriat, ntqut barbam radat. Apoatolornm esse baibam alere. S. 

Sic manuicripta Valicsus Biblio- Clemens, Conatit. Apostolic. I. i. c. 

thece, S. Victoria GaudeDsis; mena 3. Clemem Alex., Piedag. 1.3. c. 3. 

ct Iridori liber, Parisiia impreasua, D. Cyprianua, 1. 3. ad Quirinum, c. 

Kcte; quodro^ eraaumeit exDe- 85. et Epiphanius, 1. 3. t. 3. Hmea. 

creto Bnrehardi, L 9. c. 174., Xvomm 80. Prteterquam quod Apostolorum 

parte<i.e.365.,etexc.5. EJctrav.de iconea omnem dubitationem abuter- , 

»taetHonMt.Cleri«)nin),aquodam gunt. Vide Xjevit. 19. [v. 37. Ye 

mlmoiMo et feriato homine, qvu tkall not round tke comers o/j/our 

mm urns iMnimna altercationea ez- head*, nrither shait thoti mar the 

dUnCbarbamque aacerdotibua era- comers 0/ thy beard. Ed.] 
;, VOL. II, u 



290 



Special laws for 






r 

\ 



^Y 



<:^ 



;» 



rb 



^ 



Theton- 
foreof the 
•ndenti 
▼erjdif. 
ftrent firom 
that of the 
Romlwh 
Chnrdi. 



Spondanus himself*-' confesses as much, and thereupon takes oc- 
casion to correct Baronius, for asserting that, in the time of Si- 
donius ApoUinaris, it was the custom of the French bishops to 
shave their beards ; whereas the contrary appears from one oi 
Sidonius's Epistles, that their custom then was to wear short 
hair and long beards, as he describes his friend Maximus PsJa- 
tinus, who of a secular was become a clergyman : he says ^^, 
' his habit, his gait, his modesty, liis countenance, his discourse, 
were all religious ; and, agreeably to these, his hair was short 
and his beard long.' Custom, it seems, had then made it de- 
cent and becoming ; and upon that ground the Ancients are 
sometimes pretty severe against such of the clergy as trans- 
gressed in this point, as guilty of an indecency in going con- 
trary to the rules and customs of the Church, which were to be 
observed, though the thing was otherwise in itself of an in<Uf- 
ferent nature. 

16. The Romanists are generally as much to blame in their 
accounts of the ancient tonsure of the clergy ; which they de- 
scribe in such a manner, as to make parallel to that shaving oi 
the crown of the head by way of mystical rite, which is noiw 
the modern custom. Whereas this was so far from being re- 
quired as a matter of decency among the Ancients, that it wa* 
condemned and prohibited by them. Which may appear fronc 
that question which Optatus puts to the Donatists^^, when h( 
asks them, ' Where they had a command to shave the headf 
of the priests?' as they had done by the Catholic clergy, ir 
order to bring them to do public penance in the church. Ii 
which case, as AlbaspinsBus rightly notes''^, * it was customary 



^ 



* Epit. Baron, an. 58. n.58. (t. i. 

g. 133 8umm.) Nam sacerdotes Gal- 
arum Sidonius [Ep. 13. 1. 4.] do- 
cet corona decoros et barba rases 
fuisse: servare autem in his loco- 
rum consuetudinem, ut secundum 
cujusque proviuciae mores vel bar- 
bati vel attonsi incederent, velut lege 
quadam fuisse prsescriptum, ex eo 
saltem facile potest perspici, quod 
cum saspissime occidentales cum 
orientalibus ad concilia convenis- 
sent, nulla umquam exorta hujus 
rei ffratia controversia reperitur, &c. 
1^ L. 4. Ep. 34. (p. 303.) Habitus 
viro, gradus, pudor, color, sermo re- 



ligiosus: tom coma brevis, barbi 
prolixa, &c. 

' 1 Cont. Parmen. 1. 3. p. 58. (p 
54.) Docete, ubi vobis mandatun 
est radere capita sacerdotum^ cun 
e contrario sint tot exempla propo 

sita, fieri non debere Qui pa 

rare debebas aures ad audiendum 
isti novaculam ad delinquen 




um. 



12 In loc. p. 141. (ibid, ad calc 
not. m.) Pcenitentium capita rade 
bantur,et cinere aspergebantur: ita< 
que cum sacerdotibus poenitentian 
imponerent Donatistse, eis capita ra 
debant. 



17- tfu regulation of the clergy. 891 

to use shaving to t>aldness, and sprinkling the head ivith 
ashes, as signs of sorrow and repentance. But the priests of 
God were not to be thus treated.' Which shews that the An- 
dents then knew nothing of this, as a ceremony belonging to 
tiie ordination or life of the clergy. Which is still more evi- 
dent from what St. Jerom says upon those words of Ezekiel, 
44, 20, " Neither shall they shave their heads, nor suffer their 
locks to grow long ; they shall only poll their heads," ' This,' 
sajs he '3, • evidently demonstrates, that we ought neither to 
have our heads shaved, as the pnests and votaries of Isis and 
Serapis, nor yet to suffer our hmr to grow long, after the luxu- 
rious manner of barbarians and soldiers, but that priests should 
appear with a venerable and grave countenance ; neither are 
they to make themselves bald with a razor, nor poll their ■, 

heads so close that they may look as if they were shaven ; but 
they are to let their hair grow so long that it may cover their __^, 

skin.' It is impossible now for any rational man to ima^ne, 
that Christian priests had shaven crowns in the time of St. Je- 
rom, when he so expressly says they had not, and that none 
but the priests of Isis and Serapis had. But the custom was to 
poll their heads, and cut their hair to a moderate degree : not 
(or any mystery that was in it, but for the sake of decency 
and gravity ; that they might neither affect the manners of 
the luxurious part of the world, which prided itself in long 
bur, nor fall under contempt and obloquy by an indecent bald- 
ness ; bnt express a sort of venerable modesty in their looks 
aad aspects ; which is the reason that St. Jerom nssigns for the 
aodent tonsure. 

17. From hence we may further conclude, that the ancient Of the m- 
clergy were not called coronati from their shaven crowns, as ^^ °^' 
some would have it, »nce it is evident there was no such thing wiij the 
among them. But it seems rather a name given them, as ^d^onati 

'* L. 13. in Eick. c. 44. p. 66S. eat, bubBrorumaue et militantium ; 

(t. 5. p. 547 b.) Quod autem teqai- ted ut honntui habitus iacerdotnm 

tor, Cqpitt OKten amm non radeiU, facie demoDstretur; nee calvititun 

^.,penpicne demonetratar, nee ra- noracula ease fadendum, nee ita sd 

va c^unbna, ricnt taicerdotei cul' preasum londenduin caput, ut ra- 

tMMqoe ludi* at4]tte Seraindis, nos aorum rimiles esse videamur; aed 

CMS oebere; necnmiuncomam de- in tantum capillos esse deioittendoH. 

niittei*, qiM>d propne luxunonoruni ut operta ait cutii. 



noil. 



S9« Special lawajbr VI 

Gothofrod '^ and Savaro >* conjecture, from the form of the an- 
cient tonsure ; which was made in a circular figure, by cutting 
away the hair a Uttle from the crown of the head, and learinj^ 
a round or circle hanging downwards. This in some Councils ^^ 
is called circuit corona, and ordered to be used in opposttioB 
to some heretics, who, it seems, prided themselves in long 
hair and the contrary custom. But I am not confident that 
this was the reason of the name coronaH. It might be giTen 
the clergy in general, out of respect to their office and char 
racter, which was always of great honour and esteem : for co- 
rona signifies honour and dignity in a figurative sense, and it 
is not improbable but that the word was sometimes so used in 
this case, as has been noted before *7 in speaking of the form of 
saluting bishops per coronam, 
«thflr 18. As to the kind or fitshion of their apparel^ it does not 
^^^ appear for several ages that there was any other distinction 
?o^A»d observed therein between them and the laity, save that they 
b1 firom were more confined to wear that which was modest and graTe, 
and l>ccoming their profession, without being tied to any cer- 

14 In Cod. Theod. 1. 16. tit. 2. de tur. Corona episcopaiit, Valenti- 

Episc. et Cler. leg. 38. (t. 6. p. 77. niaDO Augustin. Novdlade Episcop. 

col. dextr.) Cur autem coronato- Ordinatione, 1. 7., De mtstmu vide- 

rum, appellatione clerici desiffnen- licet rebus coronam tuam maximis- 

tur, pioclive dictu. Nempe ob ^- que consulerem, ubi plura. Interim 

oiafm yvpofidfs. Corona scilicet obsenrabis papas esdnde dictos, id 

jam hoc tempore insigneclericorum; est, coronatos, si quibusdam fides 

et exinde clericalis reverentise per habeatur. Remigius Antissiodoren- 

Africam saltern, mox alibi nomen sis de Celebratione Missse: P(^ 

fuit : sic quidem ut quemadmodum autem secundum quosdam dicitur ad- 

purpuram, quae principis napdoTjfiov mirabiUs vel coronatus, Sfc. Et ton- 

msigne erat, interdum pro principe sura clerica et episcopolis corona, 

et principali reverentia sumebant, Balsamoni, Sextse Synodi inTrullo 

ita et coronam pro clero et reve- c. 21. Uan-oX^pa dicitur corona de- 

rentia clerical! acciperent. ricatus in Pragmatico Constantini 

1^ Not. in Sidon. 1. 6. Ep. 3. ad ad Sylvest. Papam. 

verba, Auctoritas corona tute ; (p. 1* C. Tolet. 4. c. 41. (t. 5. p. iji6 

386.) Id est, Dignitas episcopatus d.) Omnes clerici, vel lectores, sicut 

tui. D. Hieronymus Augustino, Ep. Levitae et sacerdotes, detonso supe- 

81. tot., Precor coronam tuam. En- rius toto capite, inferius solam cir- 

nodius Marcellino episcopo : Quia culi coronam relinquant : non sicut 

fiducuB mete coronam vestram non hue usque in Gallise partibue facere 

ambigo responsuram. Idem Aureli- lectores videntur, qui prolixis, ut 

ano : Sea dormiunt apud coronam laici, comis, in solo capitis apice 

tuam propinquitatis privilegia^ pri- modicum circulum tondent. RiUu 

usquam nater esse meruisti. Idem enim iste in Hispania hue usque 

Symroacho Papae : Dum sedem apo- haereticorum fuit, &c. 

stolicam corona vestra cura modere- I7 B. 2. ch. 9. s. 5. v. i. p. 117. 



the re<nihitioiL (>f the clvrqii. 



^!):3 



tain i^arl.) or iVn'iii of cluthiuL;. Sovc^ral C'omicils riMjuiro the 
clergy to wear apparel suitable to their profession ; but they do 
not express any kind, or describe it otherwise than that it 
should not border upon luxury or any affected neatness, but 
rather keep a medium between finery and slovenliness. This 
was St. Jerom's direction to Nepotian'^: 'that he should nei- 
ther wear black nor white clothing: for gaiety and slovenliness 
were equally to be avoided ; the one savouring of niceness and 
delicacy, and the other of vainglory.' Yet in different places 
different customs seem to have prevailed, as to the colour of 
their clothing. For at Constantinople, in the time of Chry- 
sostom and Arsacius, the clergy commonly went in black, as the 
^ovatians did in white. Which appears from the dispute which 
Socrates speaks of between Sisinnius, the Novatian bishop, and 
one of Arsacius's clergy : for he says ^^, * Sisinnius going one 
day to visit Arsacius, the clergyman asked him, why he wore 
Vk garment which did not become a bishop ? and where it was 
'Written that a priest ought to be clothed in white ? To whom 
lie replied. You first show me where it is written that a bishop 
ought to be clothed in black.' From this it is easy to collect, 
that by this time it was become the custom at Constantinople 
for the clergy to wear black; and that perhaps to distinguish 
themselves from the Novatians, who affected, it seems^ to appear 
in white. But we do not find these matters as yet so particu- 
larly determined or prescribed in any Councils. For the fourth 
Council of Carthage ^^ requires the clergy to wear such apparel 
as was suitable to their profession, but does not particularize 
any further about it, save that they should not affect any finery 
or gaiety in their shoes or clothing. And the Council of 
Agde*-^' gives the very same direction. Baronius^'^ indeed, is 



1' £p.2. [al. 52.] ad Nepotian. c.9. 
tot. (t. I. p. 263 a.) Vestes pullas se- 
que devita, ut Candidas. Omatus 
ut aordes paii mode fugiendse sunt; 
(^ota alteram delicias, alterum glo- 
nam redolet, &c. 

'• L. 6. c. 22. (v. 2. p. 340. 23.) 
''AXXotc dj ^A/xraiaop rhiv €fFi<rKojrop 
Kuril rifi^ 6p&¥ [2uranfiof] rfpturfi&rf 
vw6 Ttvos T&v irtpl 'Apadtuov, dia ri 
WKMUtow rmtrKSn^ itrBf/Ta <f}opoiTf, 
Koi wov ytypanTM Aevic^ r&y Itpvfit' 
W09 aiU^iivwwrBmi 6 dc, uv frp&rtpov, 



ta^jra <f>op€iv t6v evicKoirov ; 

^ C. 45. (t. 3. p. 1204 a.) Clericus 
professionem suam et in habitu et in 
inces8u probet : et ideo nee vestibus 
nee calceamentis decorem quserat. 

21 C. 20. (t. 4. p. 1386 d.). . .Vesti- 
menta vel calceamenta etiam eis, 
nisi quae religionem deceant, uti aut 
[al. vel] habere non liceat. 
^'^ An. 261. nn. 43, 44. (t. 2. p. 
59 b.) Cum Acta Cypriani Passioms 
abeant, ipsum lacernum birrum 



t 



294 



Special lawsjbr 



VI. i 



very earnest to persuade his reader, that bishops in the time d 
Cyprian wore the same habit that is now worn by cardinals in 
the Church of Rome, and such bishops as are advanced £rom a 
monastery to the episcopal throne. As if Cyprian had been 
a monk or a cardinal of the Church of Rome. But, as the 
learned editor ^^ of Cyprian's works observes, there is scarce 
any thing so absurd that a man, who is engaged in a party- 
cause, cannot persuade himself to believe, and hope to persuade 
others also. For is it likely that bishops and presbyters should 
make their appearance in public in a distinct habit, at a time 
when tyrants and persecutors made a most diligent search after 
them to put them to 'death? Do the clergy of the present 
Church of Rome use to appear so in countries where they live 
in danger of being discovered and taken 1 But what shall we 
say to the writer of Cyprian's Passion, who mentions Cy- 
prian's^^ lacema or birrus^ and after that his tunica or dal- 
matica, and last of all Iiis linea^ in which he suffered? Of 
which Baronius makes the linea to be the bishop's rochet ; and 
the dalmatica or tunica^ that which they now call the loose 
tunicle; and the lacema or bin*uSy the red silken vestment 
that covers the shoulders. Why, to all this it may be said, that 
these are only old names for new things. For besides the ab- 
surdity of thinking that Cyprian should go to his martjTdom 
in his sacred and pontifical robes, which were not to be worn 
out of the church, it is evident that these wore but the names 
of those common garments which many Christians then used 
without distinction. [F. Simon 2- speaking of the canons of the 



complicuisse, et ad genua posuisse, 
illuo fuisse perbreve, ac parvi nego- 
tii operam egisse demonstrant : nam 
non sic de tunica eum fecisse, sed 
diaconis dedisse tradunt. £x his 
itaque jam ezploratum haberi vide- 
tur, episcoporum fidsse antiquum 
habitum, ut post vestem supenndu- 
erent lineam, et desuper eam solu- 
tam tunicam, ac denique humeros 
tantum tegens et bracnia lacernum 
bimim : quo genere indumenti ho- 
die videmus uti sancUe Komanse ec- 
clesise cardinales atque episcopos 
illos^ qui ex regularibus ad eam 
dignitatem provecti sunt: Roma- 
num vero pontificem birro absque 
tunica super lineam, sed serico at- 



que rufo, interdum vero albo pro 
temporis ratione. 

23 Bp. Fell, Not. in Vit. Cypr. p. 
13. (p. 14. n. 7.) Nihil certe est, de 
quo partium studio addicti sibi non 
possunt persuadere et etiam sperare 
ut aliis persuadeant. 

** Pass. Cypr. p. 13. (p. 14.) 

Cyprianus in agrum Sezti produc- 
tus est, et ibi se lacema birri [al. 
birro] exspoliavit . . . £t cum se dal- 
matica [al. tunica] exspoliasset, et 
diaconibus tradidisset, in linea ste- 
tit, et coepit spiculatorem sustinere. 

2* [Bibl. Critique, v. 3. n. 31., 
cited by Mr. I^ Roche, Memoirs of 
Literature, v. 2. p. 3. (Lond. 1732. 
V.I. p. 3.) Ed.] 



'/ 



thi /•rf/nhldiui of tfw ch/'tff/. i29o 

Sviinds nf Poicticrs mihI LaiiL:r«'»'. amio \ ]i/^ and 1404. says 
the clergy did uot then wear clothes of a particular colour ; 
they were only forbidden to wear red, green, or any other such 
colour. In former times there was no distinction of clothes 
between the clergy and the laity : all men of any note wore 
long clothes, as one may see in old pictures. None but the 
common people wore short ones; which occasioned the word 
caurtant de boutique. None were, then called gownmen; but 
because short clothes appeared by degrees to be very conve- 
nient, they grew fashionable. However, the magistrates and 
the clergy continued to wear long clothes : an ecclesiastic could / 
not wear a short gown, reaching no lower than his knee, with- y 
out acting against his character.] 

19. As to the hirrvs, it is evident that it was no peculiar A particu- 
habit of bishops, no, nor yet of the clergy. That it was not of theW^* 
peculiar to bishops, appears from what St. Austin *^^ says of it, rut and 
that it was the common garment which all his clergy wore as 
well as himself. And therefore if any one presented him with 
a richer birrus than ordinary, he would not wear it. * For, 
though it might become another bishop, it would not become 
him, who was a poor man, and born of poor parents. He must 
have such an one as a presbyter could have, or a deacon, or a 
subdeacon. If any one gave him a better, he was used to sell 
it ; that, since the garment itself could not be used in common, 
the price of it at least might be common.' This shews plainly 
that the birrus was not the bishop's peculiar habit, but the 
common garment of all St. Austin's clergy. And that this was 
no more than the common tunica, or coat, worn generally by 
Christians in Afric and other places, may appear from a canon 
of the Council of Gangra^^, made against Eustathius the he- 

^Senn. 5o.deDiver8.t.io.p.523. dare. Qualem potest habere pres- 

[al. Serm. 356.] (t.5. p. 1589 e.). . . . bytcr ; qualem potest habere decen- 

Offerat mmi, verbi gratia, bimim ter diaconus et subdiaconus, talem 

pretiosum ; forte decet episcopum, volo acdpere. Si quis meliorem de- 

quamvis non deceat Augostinum, derit, vendo, quod et facere soleo : 

id est, hominem panperem et de ut quando non potest vestis esse 

panperibus natnm. Modo dicturi communis, pretium vestis sit com- 

sunt homineSy quia inveni pretiosas mune. 

vestes, quas non potuiseem habere ^ In Prsefat. (t. a. p. 413 e.) . . . 

vd m domo palris mei, vel in ilia Xiva dfAtfHeurixara M Kararrr^Mrti rrjg 

Bgjcniari professione mea. Non de- Koiv6'nfTos rS>v afufmurfAdriap avpd' 

cet. Talem debeo habere, qualem yovrcr. 
possim, si non habuerit, fratri meo , 



/ 



Special laws for 



VI 



retic, and his followers, who condemned the common habit, 
and brought in the use of a strange habit in its room. Now 
this common liabit was the birru8, or fifjpoi, as they call it in 
the canon made against them, which runs in these words^^ : 
' If any man uses the pallium, or cloak, upon the account of 
an ascetic life, and, as if there were some holiness in that, con- 
demns those that with reverence use the birrua and other gar- 
ments that are commonly worn, let him be anathema.' The 
birrus then was the common and ordinary coat which the 
Christians of Paphlagonia and those parts generally wore; and 
though the ascetics used the irtpifidkaiovy the philosophic pair 
Hum, or cloak, yet the clergy of that country used the com- 
mon birr us, or coat. For Sozomen^^ in relating the same 
history, instead of Prjpos uses the word x'^^^^y which is a more 
known name for the Latin tunica, or coat ; and he also adds, 
* that Eustathius himself, after the synod had condemned him, 
cliangod his philosophic habit, and used the same garb that 
the secular presbytei's wore.* Which plainly evinces that as 
yet the clergy in those parts did not distinguish themselves by 
their habit from other Christians, though the ascetics generally 
did. In the French Churches, several years after tliis, we find 
the clergy still using tlie same secular habit with other Christ- 
ians. And when some endeavoured to alter it, and introduce 
the ascetic or philosophic habit among them, Celestine, bishop 
of Rome, wrote a reprimanding letter to them, asking '^^, * why 
that habit, the cloak, was used in the French Churches, when 
it had been the custom of so many bishops, for so many years, 
to use the common habit of the people ? from whom the clergy 
were to be distinguished by their doctrine, and not by their 



28 Id. C. 13. (ibid. p. 419 d.) Et 
Ti£ dudp&v dia vofii(ofA€vr)v atncqfnv 
ir€pifio\ai<j9 xPV^^f '^^^^f ^^ ^ ^'^ ^ov- 
Tov r^v diKaioavyrjv tx<av, leara^^t- 
(Totro rSiv fur cuXajBciar tovs firfptws 
<l>opovvroiv, Koi rj SXXfj Koivg koi ev 
avinjd€Uf. oCajf iaBffTi Ktxp^f^viov, 
avaStpja €(rTOi>, 

2» L. 3. c. 14. (v. 3. p. 115. 35.) 
. . . XirS>vas pr\v awijOdS koi aroXas 
pri dv€xofJL€vovs dp(f)i€vw<r6(u. — Ibid. 
(p. 1 10. 4.) 'EvTfvBtv dc X&yos, £v- 
crrdOiov tiribtiKvvpfvov a>r cvk av- 



do'K^afns €l(rriy€iro ravra kqI rinn;- 
dcvoc, dpelyjrM r^v oroX^, koi vtipa- 
irkri<ri<as rots aKKois tcpcvcrt r^r ir/>o- 
6dovs 7roii]a'cuT3(u, 

*> Ep. a. ad Episc. Gall. c. i. 
(CC. t. 2. p. 1619 c.) Unde hie ha- 
bitus in ecclesiis Gallicanis, ut tot 
annorum tantorumque pontificum 
in alteram habitum consuetude ver- 
tatur ? Discemendi a plebe vel cse- 
teris sumus doctrina, non veste; 
conversatione, non habitu: mentis 
puritate, non cultu. 



the regulation of the clergy . 297 

by their conversation, not their habit; by the purity of 
ioIa, rather than their dress.' But yet I must obserre, 
some places the ascetics, when they were taken into the 
Y of the Church, were allowed to ret^ their ancient 
shic habit without any censure. Thus St. Jerom^* ob- 
>f his friend Nepotian,tbat be kept to his philosophic habit, 
'Hum, after he was ordained presbyter, and wore it to 
- of hb death. He says the same of Heraclas^^, prea- 
f Alexandria, that he continued to use his philosophic 
hen he was presbyter. Which is noted also by Eiue- 
it of Origen, who says^^, ' that when Heraclas entered 
in the school of philosophy, under Ammonius, he then 
de the common garb, and took the philosophic habit, 
hich he sat in the presbytery of Alexandria.' Upon 
/aleaius " very rightly observes, ' that there was then 
iliar habit of the clergy, forasmuch as Heraclas always 
1 hie philosophic pallium;' which was the known habit 
ascetics, but as yet was very rarely used among the 
who wore generally the common habit, except when 
nch philosophers and ascetics came among them. For 
3 see it was noted as something rare and singular in 
(8: but in after ages, when the clergy were chiefly 
out of the monks and ascetics, the philosophic habit 
I by degrees with them, and was encouraged, till at laat 
ne the most usual habit of the clergy of all sorts. But 
s not till the fifth or sixth century, as may he collected 
hat has been said before on this subject. 

But some perhaps may think the clergy had always a Of the « 
habit, because some ancient authors take notice of the Jj^^ „ 
nt as a garment worn by bishops and presbyters in the noaiia,^ 
re ages. For Epiphanius, speaking of Arius, while he u,5lin«o 
esbyter of Alexandria, says** he always wore the colo- 

taph. Nepotian. £p. 3. [al. UpSripor totiig iirdrrn \pautiios, 

Heliodor. (t. i. p. 339 dO <nn)flvcrd^i«c iial ^Oi.6tTO^a' anaiut- 

1 patliam, manus exIeDoere, S^¥ trx^pi i"icp'^ roi) Bn^n riipfi. 

nod alii non videbant M Ig \ac. (ibid. n. 1.) Ex nis ap- 

ra ilium Don emori, aed paret, nullam etiam turn peeuliareni 

I, et mntaiB ainicoH, non fuisse veititum clericonun, qnan- 

re. doquidem Heraclas philoaophi- 

Scriptor. Ecclea. e. ^. 't. a. cum palliuni lemper reUnuit. 

Heraclam, presbyte- ^ Hnr. 69. Anao. a. 3. (t. I. p. 

i tub habitu philoaophi per- 739 a.) 'Hfupaauai yap i rouAnt 

t, ttc. ail, Kal KoXafflura tvAiSixricdfuivi, 

.C.I9. (V.l.p. J83. 4.),.. K.T.X. 



896 Special laws Jbr VI 

bium or hemiphorium. And Pius, bishop of Rome, in his 
Epistle to Justus, bishop of Vienna, which by many is reck- 
onoil genuine, speaks'^^ of Justus as wearing a colobium also. 
But this was no more than the tunica, of which there were 
two sorts, the dalmatica and colobiumy which differed only 
in this respect, that the colobium was the short coat without 
long sleoves, so called from fcoXo/3os^^ curtus; but the dalmatica 
was the tunica manicata et talaris^ the long coat with sleeifes. 
Both which were used by the Romans, though the colobium 
was the more common, ancient, and honourable garment. An 
appears from Tully37, who derides Catiline's soldiers, because 
they had their tunicoe manicatce et talares ; whereas the an- 
cient Romans were used to wear the colobia, or short coats 
without long sleeves; as Servius'*® and St. Jerom-^^ after him 
observe from this place of Tully. So that a bishop's or a pres- 
byter's wearing a colobium means no more, when the hard 
name is explained, but their wearing a common Roman gar- 
ment. Which is evident from one of the laws of Theodosius the 
Great, made about the habits which senators were allowed to 
uso within the walls of Constantinople, where they are forbid- 
den '^ to wear the soldier's coat, the chlamys, but allowed to 
use the colobium and pemday because these were civil habits, 
and vestments of peace. 

The dalmaticGy or as it was otherwise called xeipobero^y or 
tunica tiianicatay because it had sleeves doum to the hands, 

'^ Ep. 2. ad Just. Vienn. (CC. AUobr. 1620. p. 583.) Et tunica 

t.i. p. 577 a.) Tu vero apud sena- manicas, et habent reaimicula nUtra. 

toriain urbem Viennensem ejus loco Tunicae vestrae habent manicas,quod 

a fratribus constitutus et colobio etiam Cicero vituperat, dicens, ma- 

episcoporuin vestitus, vide, ut mini- nicatis et talaribus tunicis. Nam 

sterium quod nocepisti, in Domino colobiis utebantur antiqui. 

impleaa. ^ Qusest. Hebr. in Gen. 37, 33. 

^ [Hence colobium is the more t. 3. p. 222. (t. 3. p. 363 c.) Pro 
correct term, and 1 have adopted it varia tunica Symmachus inter- 
accordingly, though the Author wrote pretatus est tunicam manicatam; 
colloffium. Ed.] sive quod ad talos usque descende- 

»*7 Orat. 2. in Catilin. n. 22. [al. ret, sive quod haberet manicas; 

'^•] {'^'•5' P- i9o3-) Postremum au- antiqui enim magis colobiis ute- 

tem genus est, non solum numero, bantur. 

verum etiam genere ipso atquc vita, ^ Cod. 1. 14. tit. 10. de Habitu 

3uod proprium est Catilinae, de ejus quo uti oportet intra Urbem, leg. i. 

e ectd, immo vero de complexu (t. 5. p. 207.) Xullus senatorum 

ejus ac sinu: quos pexo capillo ni- habitum sibivindicet militarem, sed, 

tulos, ant imberbcs, aut bene bar- chlamydis terrore deposito, quieta 

batos videtis, manicatis et talaribus colobiorum ac penulanim induat 

tunicis, velis amictos, non togis. vestimenta, &c. 
'^ In Virg. JEn. 9. v. 616: (Col. 



thereg\dationof the clergy. S99 

nas seldom used among the Komans; for Lampridius notes 
ifi as ft singular thing in the life of Cooimodua, the emperor, 
that he wore a dalmatica in public ; which ho also censures in 
Heliogabalua*^, as TuUy had done before in Catiline. And 
that is a good argument to prove that the clei^ of this age 
did Dot wear the dalmatica in pablic, since it was not tben 
the common garment of the Romans. And the conjecture of a 
learned man'^ is well gi-ounded, who thinks ' that in the life 
of St. Cyprian, where the ancient copies have tunicam tulit, 
some officious modem transcribers changed the word tunica 
into dalmatica, as being more agreeable to the language and 
custom of their own time, when the dalmatica was reckoned 
among the sacred vestments of the .church, though we never 
find it mentioned as such in any ancient author.' 

The caracalla, which some now call the cassock, was ori- 
giuaUy a Gallic babit, which Antonius Bassianus, who was bom 
at Lyons in France, first brought into use among the Roman 
people, whence he had the name of Caracalla, as Aurelius Vic- 
tor** informs us. It was a long garment, reaching down to 
the heels, which Victor says the Roman people put on when 
they went to salute the emperor. But whether it was also a 
clerical habit in those days may be questioned, since no ancient 
author speaks of it as such : but if it was, it was not any pe- 
culiar habit of the clergy; since Spartian^^, who lived in the 
time of Coostantine, says they were then used by the common 
people of Rome, who called them caracallce Antoniniante from 
their author. 

The Tiiu<p6pu>v, which Epiphanius joins with the colobium, 

** ^^t. Conmod. [c. 8.] p. 139. ** Epitom. Vit. CaracaU. (p. 34.) 

(int Aiif[tiM. Hist. Scriptor. p. 377.) Cum e Gallia veatem plurimam de- 

Oalmalkatiit in publico processit. veiisBel, talaresque canicallas fecis- 

*^ Vit HelHwab. [c. 16.] p. 317. set, coegiasetque ptebem ad se Baln- 

(ibid. p. 495.) Dalmaticatus in pub* tandum indutam tatibui introire, de 

Sco po<t eoenam vepe vims est. nomioe hujue vesda Caracalla cog- 

« Bp. Fell, Not. in Vit. Cfpr. nominatua eat. 

p. 13. (p. 14. n. 7. aub fin.) Obeas ** Vit. Caracall. [e. 9.] p. 351.] 

promu Mt narit, qui in his, qaae (int. Auguat. Hiat- Scriptor. p. 416.) 

aeqirantur, Ubnriorum Interpolatio- Ipse Caracallr [al. Carecalli] no- 

■Mi, Hpculu ct ii^mii* luia dignaa, men accepit a vestimento, quod po- 

IKm iepcAeadertt. lUi quidem com pulo dederat, demiaso uaque ad ta- 

tmmeam dwuitate epiacopali non sa- loa, quod ante nnn fuerat ; unde 

ti* remonden credideraut, officio- hodieque Antoniaiaiue dicuntur c 

liiwmi BOmines d atmatieam eubnii- racallie b ' 



aOO Special law9 for VLi 

was either but another name for the same garment, or one 
like it; for it signifies a short cloak or co€U, as PetaTias^^ 
and other critics explidn it, iifuav {^Aoretaf [Ifiartov]^ or dtmi- 
dium [dimidiatum] pallium, which answers to the descriptioQ 
of the colobium, given before. 

As for the linea, mentioned in the Life of Cyprian, which 
Baronius calls the bishop's rochet, it seems to have been no 
more than some common garment made of linen, though we 
know not what other name to give it Baronius ^7 says, plea- 
santly, ' it was not his shirt,' and therefore concludes it must 
be his rochet ; which is an argument to make a reader smile, 
but carries no great conviction in it. And yet it is as good as 

^ Animadven. in Epiphan. Hser. craro. Hesychius et Suidas scribunt 

69. n. 3. (284.) 'HfAi^Dioy idem est tnui^apww, et interpretantur, jfuirv 

quod Hesychio ac Suioae ^uttbdpiow, Ifutriov, ctimidium vestis, dimidiata 

hoc est, i^fturv Ifuirtov. Pailadius vestis. CI. Meursias hanc quoque 

in Histona Lausiaca, quern citat lectionem probat, quia ^dpor vestem 

Meursius : Tlavra avrrjs [de Melania significet. Hesychius ifntprf, Ifwna' 

Juniore] ra tnipiKa ^fu<l)6pia KoKvfi' vestimenta. Item, <l>apos, ifianWi 

fiara roii $v(ria<rnipioi£ tBapfiaxivTo, nfpi^oXaiov, vestis, amiculum. lU 

Utraque voce dimidiata vestis expri- etiam Suidas et Etymolog. M. 
mitur. Colobium curiam tunicam ^ An. 261. n. 40. (t. 2. p. 558 b.) 

interpretari possis : proprie quidem Etenim ex iis adeo certis antiquita- 

2 use manicis careat, ac decurtata sit. tis ecclesiasticse monumentis, qualis 

)e qua non nihil ad Themistium esse soleret epi8CO])orum habitus, 

diximus. 8ed non minus apte sic probe ])08sumus intelligere. Sed 

appellari videtur, quid [quoa] non illud primum de tunica linea, qua, 

ultra pectus atque humeros pateret, cseteris vestibus exspoliatus, ictum 

quasi dimidiatum esset pallium. Si- gladii excepturus remansit indutus, 

quidem Ko\ofiiS>va latum clavum exacte considerandum. Ex iis enim, 

nominari censet Aero; cui respon- qua; ex dictis Actis sunt superius 

dere dicit indumentum illud ex pur- notata, neminem certe puto adeo 

pura, quod a cer\nce ad pectus ex- obtusum ingenio, ut cum ipsa di- 

tentum gestabant principes. Ergo cant, Cyprianum exutum birro at- 

propterea ko\6^iou et ripi<f}6piov vo- que tunica remansisse in linea, ex- 

catum est, quia justs? vestis more istimet de linea interula intelligen- 

nequaquam extendebatur. Aliud dum,'quae super nudum indui con- 

est ol}fio<f>6piov episcoporum, de quo suevit : non enim decebat sacerdo- 

Germanus Constantinopolitanus. — talem decorem, Cyprianum ad in- 

Conf. Suicer. Thes. Eccles. (t. i. p. terulam usque denudari, cum pr«- 

1334O *H/Ai<^dpcoy significat dimiai- sertim ad hoc non cogeret magis- 

atam vestem: nam dtdptpa Grecis tratus, nee camificina functio pos- 

recentioribus, ut ex LJlachi lliesauro tularet : quid enim opus erat ad ca- 

constat, vestem notat. Epiphanius pitis obtruncationem ad subuculam 

contra Ariomanitas, seu Haeresi 69. usque exui, cum i)rse8ertim nullum 

*lifu(l>6piop yap 6 toiovtos dtl koi ea de re exstet exemplum ? Sic igi- 

Koko^iava Mibv(rK6p/ivoi ykvKVi Tfv tur nihil aliud est, quod dici possit, 

rjj irpofTrjyopiff, Pailadius, Hist, nisi lineam illam Cypriani commune 

Lausiac. in Melania Juniore, p. 148. illud omnibus episcopis lineum in- 

TLdvra avrrjs rh aijpiKh fipi<f)6pia ica- dumentum fuisse, quod ephod alii 

Xvpfxara rois Bvciaarrfploif rda>p^- dicunt, Italice vero rochetto. 



' ▼. I. the rtffuiatioti of the clergy, SOI 

uij that he produces to prove that biehops in Cy prian's time 
appeared in public differently habited from other men. 

That the clergy had their particular habits for ministering 
in divine service, at least in the beginning of the fourth cen- 
tury, is not denied, but will be proved and evidenced in its 
proper place ; but that any such distiDction was generally ob- 
served extra Mtcra in their other habits in that age, b what 
does not appear, but the contrary, fr^tm what has been dis- 
coursed. It was necessary for me to give the reader this cau- 
tion, because some unwarily confound these things together, 
and allege the proofs or disproofs of the one for the other, 
which yet are of very different consideration. 

CHAP. V. 
Some refiections upon the foregoing discoune, conehiding with 
an address to the clergy of the present Ohurch, 
1. Havinq thus (i»r gone over, and as it were brought into ''**f^'!"'' 
one view, the chief of those ancient laws and rules which con- ,^ „,!,, of 
cemed the elections, qualifications, duties, and general offices ?v J°f^ 
of the primitive clergy ; reserving the consideration of parti- necemr; 
colar offices to their proper places, I shall close this part of the ^^^"1,, 
diacourse with a few necessary reflections upon it, in reference the pnnM 
to the practice of the clergy of the present Church. And here, decfj- 
first of all, it will be proper to observe, that all the laws atid 
mlea of the primitive Church are not obligatory to the present 
clergy, save only so far as they either contain matters neces- 
sary in themselves, or are adopted into the body of mlea and 
canons which are authorized and received by the present 
Church. For some laws were made upon particular reasons, 
pecnliar to the state and drcamstances of the Church in those 
dmee ; and it would neither be reasonable nor possible to re- 
duce men to the observance of all such laws, when the reasons 
of them are ceased, and the state of affairs and circumstances 
of the Church are so much altered. Other laws were made by 
particalar Churches for themselves only, and these never could 
oblige other Churches till they were received by their own con- 
sent, or bound npon them by the authority of a general Coun- 
dl, where they themselves were represented, and their consent 
virtnaily taken. Much less can they oblige absolute and inde- 
pendoit Churches at the distance of so many ages; since every ^ 



302 * Refle^^tiona on the VL 

such Church has power to make laws and rules about things of 
an alterable nature for herself, and is not tied to the laws of 
any other. Nor consequently are any of the members of such 
a Church bound to observe those rules, unless they be reviyed 
and put in force by the Church whereof they are members. As 
this is agreeable to the sense and practice of the Catholic 
Church ; so it was necessary here to be observed, that no one 
might mistake the design of this discourse, as if it tended to 
make every rule that has been mentioned therein become ne- 
cessary and obligatory ; or designed to reflect upon the present 
Church, because in all things she does not conform to the pri- 
mitive practice ; which it is not possible to do, without making 
all cases and circumstances exactly the same in all ages. 
Reflection 2. But, secondly, notwithstanding this, I may, I presume, 
ancient "^thout offence, take leave to observe, in the next place, that 
roles wonld some ancient rules would be of excellent use, if they were re- 
lent nae, if vived by just authority in the present Church. What if wo had 
i*TlYedby /g^ jg^^ agreeable to that of Justinian's in the Civil Law, that 
tlioritj. / every patron or elector, who presents a clerk, should depose 
upon oath, that he chose him neither for any gift, or promise, 
or friendship, or any other cause, but because he knew him to 
be a man of the true Catholic Faith, and good Ufe, and good 
\ learning? Might not this be a good addition to the present 
laArs against simoni<acal contracts ? What if the order of the 
ancient ctvorepiscopi were . reduced and settled in large dio- 
ceses ? and coadjutors in case of infirmity and old age ? Might 
not these be of great use, as for many other ends, so particu- 
larly for the exercise of discipline, and the easier and constant 
discharge of that most excellent office of Confirmation ? The ju- 
dicious reader will be able to carry this reflection through 
abundance of other instances, which I need not here suggest. 
And I forbear the rather, because I am only acting the part of 
an historian for the ancient Church ; leaving others, whose pro- 
vince it is, to make laws for the present Church ; if any things 
are here suggested, which their wisdom and prudence may 
think fit to make the matter of laws for the greater benefit and 
advantage of it. 
Reflection 3- Thirdly, it may be observed further, that there were some 
3. Some la^g in the ancient Church, which, though they be not esta- 
laws may blished laws of the present Church, may yet innocently be com- 



^3> 4' foregoing discourse, SOS 

/ plied with; and perhaps it would be for the honour and ad- be complied 
j vantage of the clergy voluntarily to comply with them, since though not 
there is no law to prohibit that I will instance in one case of ^'^^ **^*be 

_ , . , present 

this nature. It was a law in the ancient Church, as I have church. 
shewed^®, that the clergy should end all their civil controver- 
sies, which they had one with another, among themselves, and 
not go to law in a secular court, unless they had a controversy 
with a layman. Now, though there be no such law in the pre- 
sent Church, yet there is nothing to hinder clergymen from 
choosing bishops to be their arbitrators, and voluntarily re- 
ferring all their causes to them, or any other judges whom 
they shall agree upon among themselves; which must be owned 
to be the most Christian way of ending controversies. Whence, 
as I have shewed, it was many times practised by the laity in 
the primitive Church, who took bishops for their arbitrators by 
voluntary compromise, obUging themselves to stand to their 
arbitration. And what was so commendable in the laity, must 
needs be more reputable in the clergy, and more becoming 
their gravity and character ; not to mention other advantages 
that might arise from this way of ending disputes, rather than 
any other. From this one instance it will be easy to judge, 
how far it may be both lawful and honourable for the clergy to 
imitate the practic eof the Ancients in other cases of the like 
nature. 

4. Fourthly. The last observation I have to make upon the Reflection 
foregoing discourse, is in ref^ence to such laws of the ancient influence * 
Church as must be owned to be of necessary and eternal obU- o^ groat 
gation. Such are most of those that have been mentioned in and laws of 
the second and third chapters of this book, relating to the life Pfn>etuai 
and duties of the clergy ; in which the clergy of all Churches 
will for ever be concerned, the matter of those laws being in 
itself of absolute and indispensable obUgation. The practice of 
the Ancients, therefore, in comphance with such laws, will be a 
continual admonition, and their examples a noble provocation 
to the clergy of all ages. There is nothing that commonly 
moves or affects us more than great and good examples ; they 
at once both pleasantly instruct, and powerfuUy excite us to 
the practice of our duty ; they shew us that rules are prac- 
ticable, as having already been observed by men of like passions 

^ B. 5. ch. T. 8. 1. V. 2. p. 104. 



i 



S04 RefUaiam cm the VL 

with ourselTes ; they are apt to inflame our courage by an hdy 
contagion, and nuse us to noble acts by provoking our emula- 
tion ; they, as it were, shame us into laudable works, by up- 
braiding and reproaching our defects in falling short of the 
patterns set before us ; they work upon our modesty, and turn 
it into zeal ; they raise our several useful passions, and set us 
to work by exciting those inbred sparks of emulation, and 
principles of activity, that are lodged within us. And for this 
reason, whilst others have done good service by writing of the 
pastoral office and care, in plain rules and directions, I hare 
added the examples of the Ancients to their rules; the better to 
excite us to tread those paths which are chalked out to us, by 
the encouragement of such instructive and provoking exam- 
ples. Who can read tliat brave defence and answer ^^ which 
St. Basil made to the Arian prefect, without being warmed with 
sometliing of his zeal for truth upon any the like occasion? 
How resolute and courageous will it make a man, even against 
the calumnies of spite and malice, to contend for the Faith, 
when lie reads ^ what base slanders and reproaches were cast 
upon the gi-eatest luminaries of the Church, and the best of 
men, Ath<inasius and Basil, for standing up in the cause of re- 
ligion against the Arian heresy ? Again, how peaceable, how 
candid, how ingenuous and prudent will it make a man, in 
composing unnecessary disputes, that arise among Catholics in 
the Church, always to have before his eyes that great example 
of candour and peaceableness, which Nazianzen describes in the 
person of Athanasius^*, who, by his prudence, reconciled two 
contendinji; parties, that for a few syllables and a disputo about 
mere words had like to have torn the Church in pieces ? To 
instaniH* hut once more; — who, that reads that great example of 
charity and scjlf-denial in the African fathers at the Collation 
of Carthago'-, and considers with what a brave and public 
spirit they despised their own private interest for the good and 
peace and unity of the Church, will not be inspired with some- 
thing of the same noble temper, and ardent love of Christ ; 
which will make him willing to do or suffer any thing for the 
benefit of his Church, and sacrifice his own private interest to 
the advantage of the public ; whilst he persuades himself, with 

•w Soeb.6. ch.3. 8.10.V. 2. p. 352. *^ See b. 6. ch.3. 8.9. v. 3. p. 251. 
*** See the same. *2 ibid. eh. 4. 8. 2. v. 2. p. 265. 



(5- foregoing discourse, 305 

those holy fathers, that he was made for the Church of Christ, 
and not the Church for hun ? As it is of the utmost conse- 
quence to the welfare of the Church, to have these and the 
like virtues and graces planted in the hearts of her clergy ; so 
among other means that may be used for the promoting tliis 
end, there is none perhaps more likely to take effect than the 
recommending such virtues by the powerful provocation of such 
noble examples. And he, that offers such images of virtue to 
public view, may at least be allowed to make the apology 
which Sulpicius Severus*^ makes for his writing the Life of 
St- Martin : — Etsi ipsi non viximus, ut aliis exemplo esse 
passimus ; dedimus tameii operam^ ne illi laterenty qui essent 
imitandi. 

5. But, whilst I am so earnest in recommending the exam- Some par- 
pies of the ancients, I must not forget to inculcate some of^^g^. 
their excellent rules ; such as their laws about training up commended 
young men for the ministry, under the magister dlsciplince, tion. First, 
whose business was to form their morals, and inure them to f^^*^*"? *o 

theaDcient 

such studies, exercises, and practices as would best quahfy method of 
them for higher offices and services in the Church. This me- Jj^nf "^ 
thod of education being now changed into that of universities for the 
and schools of learning, it highly concerns them, on whom this ™'™*°^* 
care is devolved, to see that the same ends however be an- 
swered ; that is, that all young men who aspire to the sacred 
profession be rightly formed, both in their studies and morals, 
to qualify them for their great work and the several duties of 
their calling. And they are the more concerned to be carefid 
in this matter, because bishops now cannot have that personal 
knowledge of the morals of such persons as they had formerly, 
when they were trained up under their eye, and liable to their 
inspection ; but now, as to this part of their qualification, they 
must depend first upon the care, and then upon the testimony, 
of those who are intrusted with their education. Besides, a 
late eminent writer*^, who inquires into the causas of the pre- 

*• [De Vit. B. Martin., in Prolog, niption of Christians, part 2. ch. 3. 
Home's edition, (Lnffd. Bat. 1647. p.333. (p.345-) For, first, as to man- 
p. 460.) from which I have verified ners, &c. According to the original. 



the citations of this author, reads — (Amsterdam, 1709, v. 3. p. 127.) Car 

ne is laterei, qui esset imUandus, premi^rement k IVgard des moeurs, 

Ed^] la jeunesse y vit dans le d^r^gle- 

M Ostenrald's Causes of the Cor- ment ; elle y est abandonn^e k sa 

BIKOHAM, YOIi. n. X 



A 



306 Reflections on the VI 

sent corruption of Christians, where he has occasion to speak 
of the pastoral office, and the ordinary methods now used for 
training up persons to it, makes a double complaint of the waj 
of education in several of the universities of Europe. As to 
manners, he complains ' that young people live there licen- 
tiously, and are left to their own conduct, and make public 
profession of dissoluteness ; nay, that they not only live there 
irregularly, but have privileges which give them a right to 
commit with impunity all manner of insolencies, brutalities, and 
scandals, and which exempt them from the magistrate's juris- 
diction.' Now such universities as are concerned in this accn- 
sation, which by the blessing of God those of our land are not, 
liave great reason to consider how far they are fallen from the 
primitive standard, and what a difFerence there is between the 
ancient way of educating under the inspection of a bishop, and 
the conduct of a master of discipline in every Church, and tho 
way of such academies ; where, if that learned person say true, 
' the care of masters and professors does not extend to the re- 
gulating of the manners of their disciples.' The other com- 
plaint ho makes is in reference to the studies which are pur- 
sued at universities; in which he observes two faults, one in re- 

propre conduite; les soins des mai- — Ibid. (p. 129.) L'atttre d^faut est 

tres et des professeurs ne s'entendent plus essentiel. On n'a pas soin 

pas jusqu^ r^gler les mceurs de dans des academies d'apprendre aux 

leurs disciples. Ce desordre va si jeunes gens, qui se conaacrent aut 

loin que dans plusieurs universit^s service de TEglise, diverges choses 

de rEuro})e les ^coliers et les etu- dont la connoissance leur seroit 

dians font une ouverte profession de tout-k-fait necessaire. L'^tude de 

libertinage. Non seulement ils y Fhistoire et de I'antiquit^ ecd&ias- 

vivent dans la licence, maia ont des tique y est negligee On n'en- 

priv'il^geH, (jui leur donne le droit de seigne pas morale dans les ecoles de 

commettre impun^ment toutes sortes th^ologie, si ce n'est d'une mani^re 

d'insolences, de brutalitez et de superficielle et scholastique ; et en 

scandales, et qui les exemptent de plusieurs academies on ne I'en- 




y est donne que peu ou point 

expliqu^e, d'une Jmani^re scholas- tions sur la mani^re d'exercer la 

tique, et toute speculative. On y charge de pasteur et de gouvemer 

lit des lieux communs, remplis des IVglise. TeUement que le plus grand 

termes d'ecole, et de questions peu nombre de ceux, qui sont admis & 

n^essaires. On y apprend propre- cette charge, y entrent sans savoir 

ment k disputer sur tout, et a reduire en quoi elle consiste, et n'en ont 

la n'ligion en controverses. Cette point d'autre id^e, (jue comme d'une 

niothode perd les ieunes gens ; elle profession, oui oMige k pr^cher et 

lr\u* ilonno des id^ embarass^es et a expliquer aes textes. 
nu^uio fauBses de la th^logie, &c. 



^ 6-. fiyrtgmng diacourae. 307 

fereoce to the method of teaching : ' Divinity is treated there, 
and the holy Scripture explained altogether, in a scholastical 
and speculative manner. Common places are read, which are 
full of school-terms, and of questions not very material. This 
makes yoimg men resolve all religion into controversies, and 
g^ves them intricate and false notions of divinity.' The other 
fault, he thinks, b more essential : ' Little or no care is taken 
to teach those, who dedicate themselves to the service of the 
Church, several things, the knowledge of which would be very 
necessary to them. The study of history and of Church-anti- 
quity is neglected, morality is not taught in diviuity-schools, 
but in a superficial and scholastic manner ; and in many acade- 
mies it is not taught at all. They seldom speak there of disci- 
pline, they give few or no instructions concerning the manner 
of exercising the pastoral care, or of governing the Church. So 
that the greater part of those who are admitted into this office 
enter into it without knowing wherein it consists ; all the no- 
tion they have of it is, that it is a profession which obhges 
them to preach and to explain texts.' I cannot think all univer- 
sities are equally concerned in this charge, nor shall I inquire 
bow far any are, but only say, that the faults here complained 
of were rarely to he met with in the methods of education in 
the primitive Church ; where, as I have shewed, the chief stu- 
pes of men devoted to the service of the Church, both before 
and after their ordinations, were such as directly tended to in- 
struct them in the necessary duties and offices of their function. 
The great care then was to oblige men carefully to study the 
Scriptures in a practical way, and to acquaint themselves with 
the history, and laws, and disciphno of the Church, by the 
knowledge and exercise of which they became expert in all the 
arts of curing souls, and making pious and holy men, which is 
the bnmness of spiritual physicians, and the whole of tlic pas- 
toral office ; in which, therefore, their rules and examples are 
proper to be proposed to all Churches for their imitation. 

6. Another sort of rules, worthy our most serious thoughts Secondly. 
(ind conaderation, were those which concerned the examination for",^'™. 
ol the candidates for the ministry. For by these such methods iog ihe 
wep? prescribed, and such caution used, that it was scarce pos- ^^^^^ „f 
sible fcr an unfit or immoral man to be admitted to an ccclesi- cuididx 
astieal office, unless a bishop and the whole Church combined, puni«t 



308 Refieetions en the VL 

as it were, to choose unworthy men, which was a case that Terj 
rarely liappened. It was a peculiar advantage in the primitiYe 
Church, that by her laws ordinarily none were to be ordained 
but in the church where they were personally known, so that 
their manners and way of living might be most strictly can- 
vassed and examined ; and a vicious man could not be ordained 
if either the bishop or the Church had the courage to reject 
him. Now though this rule cannot be practised in the present 
state of the Church, yet the main intent of it is of absolute ne- 
cessity to be answered, and provided for some other way ; else 
the Church must needs suffer greatly, and infinitely fall short 
of the purity of the primitive Church, by conferring the most 
sacred of all characters upon immoral and unworthy men. The 
only way which our present circumstances will admit of, to 
answer the caution tliat was used in former days, is to certify 
the bishop concerning tlie candidates* known probity and in- 
tegrity of life, by such testimoniaLs as he may safely depend 
upon. Here, therefore, every one sees, without my observing 
it to liim, that to advance the present Church to the purity and 
excellency of the primitive Church, there is need of the utmost 
caution in this matter ; that testimonials in so weighty an affiiir 
bo not promiscuously granted unto all ; nor to any but upon 
reasonable evidence and assurance of the things testified therein : 
otherwise we partake in other men's sins, and are far from 
consulting truly the glory of God and the good of his Church, 
whilst we deviate so much from the exactness and caution that 
is shewed us in the primitive pattern. 

The other part of the examination of candidates, which re- 
lated to their abilities and talents, was made with no less dili- 
gence and exactness. The chief inquiry was, whether they 
were well versed in the sense and knowledge of the Holy 
Scriptures ; whether they rightly understood the fundamentals 
of religion, the necessary doctrines of the Gospel, and the rules 
of morality, as delivered in the law of God ; whether they had 
been conversant in the history of the Church, and understood 
hor laws and discipline ; and were men of prudence to govern 
as well as of ability to teach the people committed to their 
charge. These were things of great importance, because most 
of them were of daily use in the exercise of the ministry and 
pastoral care, and therefore proper to be insisted on in exami- 



V7 



foregoing discourse. 



309 



Dations of this nature. These were the qualifications which, 
joined with the burning and shining light of a pious life, raised 
tiie primitive Church and clergy to that height of glory which 
we all profess to admire in them. And the very naming that 
is a sufficient provocation to such as are concerned in this mat- 
ter, to express their zeal for the welfare and glory of the pre- 
sent Church, by keeping strictly to the measures which were 
so successfully observed in the ancient Church, and without 
which the ends of the ministry cannot be fully attained in any 
Church, whilst persons are ordained that want proper qualifica- 
tions. 

7. I shall not now stand to inculcate any other rules about Thir 
particular duties, studying, preaching, or the like, but only ^y^^^^ 
beg leave to recommend the primitive pattern in two things vate a 
more. The one concerns private pastors, the other is humbly the ex 
offered to the governors of the Church. That which concerns *jf P"] 
private pastors is, the duty of private address and the exercise 
of private discipline toward the people committed to their charge. 
Some eminent persons ^^, who have lately considered the duties 
of the pastoral office, reckon this one of the principal and most 
necessary functions of it, which consists in inspecting the lives 
of private persons, in visiting families, in exhortations, warn- 
ings, reproofs, instructions, reconciliations, and in all those other 
cares, which a pastor ought to take of those over whom he is 
constituted. * For,* as they rightly observe, ' neither general 
exhortations, nor public discipUne can answer all the occasions 
of the Church. There are certain disorders, which pastors 
neither can nor ought to repress openly, and which yet ought 
lo be remedied by them. In such cases, private admonitions 
are to be used. The concern of men's salvation requires this, 



** Ostervald's Causes of the Cor- 
ruption of Christians, part. 2. ch. 3. 
p. 318. (p. 331.) For neither general 
exhortations, &c. According to the 
original, (Amsterdam, 170^, vol. a. 
p. 109, last line,) Car, m les ex- 
nortations g^n^rales, ni discipline 
publiqne ne peuvent pourvoirlLtous 
les besoins ae TEglise. II 7 a de 
eertains d^rdres que les pasteurs 
ne peuvent ni ne doivent reprimer 
onvertement, et aux quels ils doivent 
poortont apporter du remade. Dans 



ces cas Ik, il en faut venir k des a- 
vertissements particuliers. L'inter^t 
du salut des ames le demande, et il 
est de la soUicitude pastorale d'aller 
chercher la brebis aui sVgare, et de 
ne laisser pas p^rir le m^chant faute 

d'avertissement. See also Bishop 

Burnet's Pastoral Care, ch. viii. p. 96. 
(Lond. 1692. pp. 192, seqq.) . . I 
have broke in upon the third head 
of his duty, his private labours in 
his parish, &c. 



310 Reflections an the YL 

and it becomes the pastoral carefulness to seek the straying 
fihcep, and not to let the wicked perish for want of warning.' 
But now because this is a nice and difficult work, and requires 
not only great diligence and application, but also great art and 
pruden(*e, witli a proportionable share of meekness, moderation 
and temper, to perform it aright ; it is often either wholly ne- 
glected or very ill ])erformed, whilst some think it enough to 
admonish sinners from the pulpit, and others admonish them 
indiscreetly, which tends more to provoke than reclaim them. 
To remedy both these evils it will be useful to reflect upon that 
excellent discoui'se of Gregory Nazianzen, which has been sug- 
gested in the third chapter of this book^, where he considers 
that great variety of tempers wliich is in men, and the nicetj 
of all matters and occasions timt a skilful pastor ought to con- 
sider, in order to supply suitable remedies to every distemper. 
And there the reader will adso find some other excellent cau- 
tioiLs and directions given by Chrysostom and others upon this 
head, with examples proper to excite him to the performance 
of this nct^cssarv duty. 
Fourthly. 8. The other thing I would humbly oflFer to the consideration 
for^excrci^ of Our a!ip4:'riors, who are the guartlians of public discipline, 
ing public r^iifi iiLspoctors of the behaviour of private pastors, is the ex- 

discipline .••■■ . 

upon delin- crrisc of discipline in the ancient Church. By which I do not 
quentcler- j^,^^, mean that general discipline which was exercised toward 
were con- all offenders in the Church, but the particular discipline that 
w»nda]ou9 ^'^^ "^'^' amon«; the clergy ; by virtue of which every clerk 
vffences. convicted of immorality, or other sc*andalous offence, was liable 
to be de]M»sed, and punished with other ecclesiastical censures; 
of which, both crimes and punishments, I have given a parti- 
cular account in the three foregoing cluiptcrs of this book. It 
is a thin<j generally acknowledged by all, that the glory of the 
aiuient Church was her discipline ; and it is as general a com- 
plaint of the misfortune of the present Church, that corruptions 
abound for want of reviving and restoring the ancient discipline. 
Now, if there bo any truth in either of these observations, it 
ought to be a quickening argument to all that sit at Uie helm 
of government in the Church, to bestir themselves with their 
utmost zeal, that discipline, where it is wanting, may at least 

^^ See s. 8. vol. 2. p. 345. [See ibid. nn. 87 and 88. Ed.] 



lie restored aiuoni: ilie rlri-rrv : tluit in» >rau(ial'^ or i>ti'eiiees 
may be tolerated among them, \vho.se lives and practices ought 
to be a light and a guide to others. As there is nothing to 
hinder the free exercise of it here, so it is but fitting it should 
be exemplified in them ; as for many other reasons, so particu- 
larly for this, that the laity may not think they are to be tied 
to any discipline which the clergy have not first exercised upon 
themselves with greater severity of ecclesiastical censures. And 
if either rules or examples can encourage this, those of the 
primitive Church are most provoking ; her rules of discipline 
were most excellent and exact in themselves, and for the most 
part, as exactly managed by persons intrusted with the execu- 
tion of them. 

9. After these reflections, made upon the laws and practice Julian's de- 
of the primitive clergy, it will be needless to make any long J^ ^j^J®" 
address to any orders of the clergy of the present age. I will heathen 
therefore only observe one thing more, that Julian's design to the rules of 
bring the laws of the primitive clergy into use among the *J*® prinu- 

1 ? . . . . **^® clergy, 

heathen priests, in order to reform them, as it was then a plain an argu- 
testimony of their exceUency. so it is now a proper argument »-^*:„„ 
to provoke the zeal of the present clergy, to be more forward «oal in the 
and ambitious in their imitation. . I have already *7 in part ^ 
recited Julian's testimony and design, out of his Letter to Ar- 
sacius, high priest of Galatia; I shall here subjoin a more 
ample testimony from a Fragment of one of his Epistles *» printed 
among his Works, where speaking of the gentile priests, he 
says, * It was reasonable they should be honoured, as the minis- 
ters and servants of the gods, by whose mediation many bless- 
ings were derived from heaven upon the world ; and so *^ long 
as they retained this character, they were to be honoured and 
respected by all, but if wicked and vicious, they should be 
deposed from their office, as unworthy their function. Their 
Uves^ were to be so regulated, as that they might be a copy 

»7 See b. 4. ch. 3. 8. 13. v. a. *» Ibid. (p. 54^. 15.) *AXX* tm Ai» 

p. 52. n. 89. Up€V9 ri£ ovofuiCrfnu, rtM^y ovr6y 

* Fngm, £pi8t. (p. 542. 15.) . . . xp^ koX ^cpoircvctv* ei ij ttrj ironj^s, 

ECkoyopoi Koi roirs Uptat rifA^v, cbr a<f>(upt6€VTa r^v Upwavmiv, vs owi- 

\€iTOVpyo{fS Btw Koi vfnfptras, Koi (tov dirodxuftvra, irtptop^, 
buuamnwras ^fuw ra vp6t rovs Btovs' ^ Ibid. (547. 6.) Oj' ""oAff tA vX^^ 

mmtwurxyovrat rj ix Bt&v tls ^jias xPh Xcyciv, dctyfui r&v iavr&v tK^* 

rdy oyoMM^ d6ati, potmu fiioV dpKtiov dc ^Zy ttjv irp6fi ^ 



31 Se RtfltcHons an the \l\ 

and pattern of what they were to preach to men. To this 
purpose thoy should be careful in all their addresses to tlie 
gods, to express all imaginable rererencc and piety, as king 
in their presence, and under their inspection. They^^ sLonM 
neither speak a filthy word, nor hear one ; but abstain as well 
from all impure discoui'se, as vile and wicked actions, and not 
lot a scurrilous or abusive jest come from their mouths. They 
should "read no books tending this way, such as ArehilochiK 
and Ilippoimx, and the writers of loose wanton comedies; but 
apply themselves to the study of such philosophers as Pvthft- 
goras, Plato, Aristotle, Chrysippus, and Zeno, whose writings- 
were most likely to create piety in men's minds. For all sorts 
of books were not fit t^ be read by the priests. Even among 
philosophers, those of Pyrrho*^^ and Epicurus were whoDy 
to be rcnected bv them ; and instead of these thev should learn 
such divine hymns, ''•^ as were to be sung in honour of the gods, 
to whom they should make their supplications publicly and 
privatoly thrice a day. if it might be; however twice at least, 
nioriiiiig iuid evening. In the course of their public ministra- 
tions in the tenii»les,<>^ which, at Rome, commonly held for 

Tovs Ofovs fva€^€iai' ovrto yap rifiai ypmafiairaviep6ifi€vefvp€ir(i,...yirir( 

irp(7r€i To7s Seois XftToupycIv, a>r ffa- KniKovp€ios («rc(rc0 Xoyor, p^t Hvp- 

ptOTT^Koaiv avroliy Koi 6f}<i>cnvp€vi)pai, pavtios* 

oiiv 6pa>p€vois v(f> rjpS>u, ^ Ibid. (p. 55 1. 1 6.) *EK/in: ^uivtr 

"' Ibid. (p. 549. 4.). . . Ala-xp^v dc xp^ TovsvpvovsT&v6(S>v' eio"t fif ovrw 

p^T€ XtyovraSy prfTt oKovovras* ay- iro\\o\ piv /cat Kokoi ntnoirfpivot ira- 

P€V€ip dc XP^ ^^^^ Upfas oifK tpytov Xaioly leat vtois' ov piv dXX* cicf/vovf 

pMvov aKaddpTfov ovbt daf\ya>v npd- niiparfov enioTaa'Bai, rovs <V rots 

f «o>i/, dWd Koi prjpdrtov koI dKpoapd' itpdis ifdop€Povs' oi irXturrot yap v^ 

T€i>p ToiovTtav. K(€\aT€a roiwv cWt avrtov Btau lK€T€v6ivTiOV €d6tiTjaav' 

r)p"iv iTuvra ra erraxBrj GKUippara* okiyoi be Ttv€s ica\ Trapa dvOp^nuiv vnh 

ndaa Be dcrfXyny opiXia' Ka\ 07r<os nvfvpaTOS tvOeov^ Ka\ V'"*'x5^ d^drov 

elfieimt ^XH^ ^ dovXopai (f)pd(€tv' Jcpo)- rois KOKois cVt t^ t&p 6€<ap rtpfj crvy- 

pevos ris pr/Tf * ApxlXoxop dpayipa>' Kftp€POt. Tavrd y€ u^iop ortn/ ^f vetv* 

CKtTa)' pr}T€ 'iTTTTwi/aicra* prjT€ aXXoi' Ka\ ei/;(€(r^ai YToXXdicif Toiis $€ois tit? 

Tipa Tcop ToiavTa ypa(f}6pTiap' ciTroicXt- #cai drjpoa-ia' fttiXtora pep rpis r^s 

vero) Kui T^s naXaids ico>/i(^tdr, ocra r^pepas* el dc p^, ndpTois op6pov re 

rfjs ToiavTiji iHeas. "Apeipop pep yap, icat bei\i]s, 

Kal TTiii/rcDf npeTToi d* av rjplp, 17 <^tXo- ^ Ibid. (p. 553« ^') Oipai 8e XP^' 

0'o(f)La pouTj' Ka\ touto)!/, ^ 6eovs ijye- pai top iepea ndvTtop aypevaapra pvk- 

popas npoarrjaapepTj t^s eavrStP irai- rap koi rjpepap* eira aXKfjp eir avrfj 

Betas' onep IIvBayopaSi Kal TlXdrap, PVKra Kadrjpdpepop, otr diayopevovaiP 

Ka\ ^ApiaroTeXris, 01 re dp^X XptKriTT' ol Becpoi. KaBappoist out<os etiT*a 0oi- 

TTop /cat Zr)p<aua. UpoaeKT^op pep yap riopra tov iepov pepeip, oaas av })pipas 

oifTf irda-iVy ovre Tails TrdpTiap dcSy/iatrt, 6 popos KeXevrf' TpiaxopTa pep yap nap* 

dXXa eKeipois popop Ka\ eKeipap, otra fjplp elatp ep 'VoifAjj' nap* <iXXotf be 

evae^elas cart Troti^rticd. o^Xoir. 'EiSXoyop ovp oipai peptip 

^'^ Ibid. (p. 553. I.) Ovbe dpd' dndcasTavTasThsfipepasepTotsiepois 



pn'< (loinq di^iumrsv. 131-) 

tliirtv (lavs, thov wi^tt t<» n'^^idc all the tiiiir in thr teiniile^. 
iuid give themselves to philosophic thoughts, and neither go to 
their own houses, nor into the forum, nor see any magistrate 
but in the temple. When their term of waiting was expired, 
and they were returned home, they might not converse or feast 
promiscuously with all, but only with their friends and the best 
of men ; they were but rarely then to appear in the forimi, and 
not to visit the magistrates and rulers, except it were in order 
to be helpful to some that needed their assistance. While they 
ministered in the temple, they were to be arrayed with a mag- 
nificent garment; but out of it they must wear common ap- 
parel, and that not very costly, or in the least savouring of 
pride and vain glory. They were in no case^* to go to see 
the obscene and wanton shows of the public theatres, nor to 
bring them into their own houses, nor to converse famiUarly 
with any charioteer, or player, or dancer, belonging to the 
theatre.' After this he signifies out of what sort of men the 
priests should be chosen. * They ^^ should be the best that 

^cXo<rcH^virra* kcli firfTf tls oIkiov ^ Ibid. (p. 556. 37.) 'Eyo) iPrjfu 

fitMdiC^iVffi^t €isdyopav,firid€apxovTa rovs *v rais ttAccti /ScXriorovr jcai 

irX^ cV Tois Upoii ttpop^p' eVcficXcc- /AoXcora fiiv <f)i\o3€caTaTovs, threira 

oBtu dc r^r ircpl t6 Btlop BtpoTftias tbikavBpomorarovs' idv re neprjres 

ahrhv, effiopSovra ndvra Koi iiaroT' aaiy, tdv re nXoinrioi' iiaKpiais ttrrtu 

Towra* irkrjpwravra de ras ripipas^ irphs rovro firjUi rts ovv d<fmvovs koi 

ffra Mp^ irapaynpowTa r^s Xeirovp' tnidmyovi. *0 yap dia irpqdrrjTa Xc- 

yiag, *Eirt dc liv dvOpomivov rpfiro- \rjuas, ov dia r^v rov d^ioipaTos dfpd- 

ft€WM 01OV €^{rr» Kal padiCetif tls vfiav, ^Urnds etrri KcuXvtadai' k^v 

ohciav 0iXa»y, ical €19 iariaatv diravr^v wtvrjs oZp jj rt(, k^v dtifidn^s, txtav cV 

vofHuCkriOivTa, pAi irdtrrmv, dkXa r&v iavr^ dvo raOra, rd r€ <f)i\60€ov Kal 

/ScXrurTMV* fp rovT^ dc koi th dyopav t6 <f>iKdv6p<oirov, Upeifs an'odci«cvv<r^a». 

wap€k&€tv ovK Stojtop dXiydxis' tjy€' ^flypa dc rov (ftiKodiov flip, d rovs 

It&partiFpofrtmtiPtKaiZdpovsdpxopTa' ouctiovf ihrapras tls t^p wfpl rovg 

KaH Tois €v\6yms itofji€Pois Saa cVdc- 6€ovs evae^etap (laaydyoi' rov iJH' 

XeroL fiorj&^u'cu. UptiroL dc olpai rots \apdpdmov dc, (i Koi c^ okiyciP cifKd- 

Uptwriv thf^op fUpf &r€ Xttrovpyovaip, Xa>f icoivo>v€t rois dco/icvoir, Koi ptra- 

iar&r/Tt ;(/77(r^(u luydKtmpeirttrrdrji' didnoai irpoBvpMS, tZ ttouip hn\tipS>p 

rmr UpviP dc t^io, rj frvp^B^i, d/;(a oaovs hv olds rt ^v* vpoatKriop ydp 

wokvrtXtUis' . . . d<fnKr€OP ^fiip 4<r' paKurra r^ f^p^^ rovrt^, Ka\ n^v 

OrfTOs irokvTfkttrripas €P dyopa, koi tar pt tap oB^p froti/rcoy. 'En-ctd^ yap 

Kdfjonv' ^ Kal vdoTjs dnXStg ciXa^O' olpai ovptfirf, rovs iriptfras dfUktiaSiu 

P€ias, napopoiprpovs vno r6i>p ltp€ap, oi dver- 

•^ Ibid. (p. 555. 31.) Tois cio-cX- atfifis TdKikaioi Karavovia'iMin^s, cir/- 

Yffirt Tovrois Bedrpois r&p Upiatp ptf" Otpro ravrfj rfj (ftCKapBpvmi^' ical, ro 

oclr fui^pov napafiak\€ri»' prjre tls xtipttrrop rwp ?pyo>v, dta rov doKovp^ 

rijip ilniav tltrayim rrjp eavrov. ros rap mrrjdevpdrmp, tKpdrvpav' 

Ibid. (556. 10.) Mribk [leg ? Mi/dciff] &<nTtp ol ra natdia dia rov irXaKOVpros 

vottim ffUkov $vfjLt\ucdp' prjbi appa- t^airaratpris, r^ Koi d\s koi rpis npo^ 

TtiKaniV fUf^ ^PXV^'^^9 M^^ f^^M^^s *(rBcu, neiBovaip dKoyXovBew 4avrois' 

'otrmf rj Bvptg. irpoo'irtd. tiff, orau dirooT^cro»o'i vdppm reoy ol" 



314 IMUeHom Mthe Vl 



could be found in every aij, persons that had true bve ftr 
god and man, and then it mattered not whether thej were ridi 
or poor ; there being no difference to be made between noUe 
and ignoble in this case. No one was to be rejected upon other 
accounts, who was endued with those two qualities, piety to 
god, and hun^anity to men. Whereof the former might be eri- 
denced by their care to make all their domestics as devout as 
themselves; and the latter, by their readiness to distribute 
liberally to the poor, out of that little they had, and extending 
their charity to as many as was possible. And there was the 
more reason to be careful in this matter, because it was mani- 
festly the neglect of this humanity in the priests, which had 
given occasion to the impious Galileans,' by whom he means the 
Christians, ' to strengthen their party by the practice of tbat 
humanity, which the others neglected. For as kidnappers 
steal away cliildrcn, whom they first allure with a cake; so 
these begin first to work upon honest-hearted Gentiles with 
their lovc-feasts, and entertainments, and ministering of tables, 
as they call them, till at last they pervert them to atheism, 
and impiety against the gods.' 

Now, from this discourse of Julian, I think it is very evident 
that he had observed what laws and practices had chiefiy con- 
tributed to the advancement of the character and credit of the 
Christian clergy, and of the Christian religion by their means ; 
and therefore he laboured to introduce the like rules and dis- 
cipline among the idol -priests, and intended to have made 
many other alterations in the heathen customs, in compliance 
with the envied rites and usages of the Christian religion, as is 
. observed both by Gregory Nazianzen^7 and Sozomen,^^ ^^q 

Ki&v, (fi^aWovTfg ctf vavv arrtHovTo* pv^fiiCovaif Koi oaui r^r €niKpv^as' 

Koi y€yop€v ctff Sjrapra r6p €(TJi fiioy tv^Siv re tvttov cV fiepti^ koI ttjs rav 

nucpop t6 d6(av npos okiyov yXvKV, afiapr€Uf6vTci>v kotci ficrpop emr^ui^ 

T6y avrov Koi avroi rpnrrov dp^ptvoi <7ca)r' irpOTt\(io>v de Kai reXctaxreoDf, 

dia r^i \€yo^fvrjs nap* avroig ayajn^s koi Saa T^g i^iimpas atufyu^g corty 

Koi xmoioxfji koi btaKovias rpcar((S)v* tvra^iag' tfrt dc Koraycryia ir^^atr&ai 

ZoTi yap &an€p t6 €pyov, ovro> di koi kqX ^tv&vas' ayvcvr^pid re koi frap(9r- 

6vofia, nap* avrois ndXv' nurrovs tpff" vmvasy Kal <f>povTiarripia, Koi lifv €ts 

yayov €is rfiv aBt&nira, tovs deo/i&e'yovff <f>i\avupaniav, r^v re 

"7 Orat. 3. Invect. t. in Julian. oXXi^v 6n6aTj, Ka\ t^p tp ims tnurro' 

(t. I. p. lOi. D.) AidacicaXeia p,€P \ifiaiois fTVpBr)paj(np, oir rfputii e*f tO" 

IbpwraaBai Kara naaop n6\ip mipos povs tls H&pos rovs XPuC^^'^'^ tto/xi- 

^i', ^fffutrd re Kal npotdpias Koi t^- ntfinoptp' A di) Kal fiaXunu rStp ^/xe- 

bpiat, 'EWrfpuc&p re dovfiarttv dpa^ rtp&p ef^c Bavfuuras. 
ypwrtit Koi apairrv^iVy iaai rr ^6og ^ L. 5. c. 16 (v. a. p. 203. 3.) 



foregoing diaeourte. Slfi 

;ive ns a particular account of his lotended emendations ; the 
ery mentioning which, if I mistake not, is a loud call to 
IB to be at least as zealous as Julian was in copying out such 
izcellencies of the primitive clergy as are proper for onr imi- 
atioD. It is the argument which the Apostle makes use 
f la a like case : — " I will provoke you to jealousy by theib 
hat are no people, by a foolish nation will I anger you." 
lom. lo, 19. I must needs say, it will be but a melancholy 
«n^deration for any man to find hereafter, that the zeal of an 
apostate heathen shall rise up in judgment agmst him and 
«ndemn him. 

10. We all profess, as it is our duty to do, a great zeal for Tbe <«ii- 
he honour and welfare of the present Church. Now, if indeed ^J^^i^f 
w% have that zeal which we profess, we shall he careful to de- •!"«« to** 
nonstrate it in all our actions ; observing those necessary rules the pre«eni 
md measures, which raised the primitive Church to its glory. Cbnreh. 
ffe are obliged, in this respect, first, to be strict and exem- 
plary in our hves ; to set others a pattern of sobriety, humihty, 
meekness, chanty, self-denial, and contempt of the world, and 
Ul such common graces as are required of Christians in 
^neral to adorn their profession; and then to add to these 
tbe peculiar graces and ornaments of our function, diligence, 
prudence, fidehty, and piety in the whole course of our minis- 
try ; imitating those excellencies of the Ancients, which have 
been described ; confining ourselves to the proper business of 
onr calling, and not intermeddling or distracting oiu^elvea 
with other cares; employing our thoughts and time in useful 
studies, and directing them to their proper end, the edification 
of the Church ; performing all divine offices with asdduity and 

'YmKaffin' ii r^ ^purxtanafiitv Tvpf vuthv h&yfLatrrfivvi/at. '^KovrriavTinai, 

avvTtBrar ix"* '" "'^ ^'"^ ""' ^' oKovaiai' anofinindTair Ka-ri r^r ra» 

wAiTtiat ruv airoii luriinav, 8«- X)>iirTuivmii jrapaSocii- « /irrofuXiZaE 

FOf tro marraj^ nrirt EXXnifuavr raovr, ovftfitrpov rufcu trotppuyuTfior, Ovy 

Tj ropaimvg «ai rj rnfti T^r Xpur- ^kkfto H fijXuiroi 'kiyirai ri inir6^ 

TioMtv 6pTittiaiat SuHOO-fMiv' j9^/uur/ fiara Tag imiTKoniKay y/m^ifuiToii', dt 

n, mi wpotifMUi, xal 'EXXijiwuv Boy- I0os a)ioi0ai6y Toic Strove itroi d^- 

partMf All ^apawitrtuv fltAacrcaXoir rt trort ftucfirar, mi trap aff ofpiituirTtu, 

ml ura ypivTtut, 6p&r rr ptfrSiii xol trdyrai KaToytaOai Kai Bipmriias a^i- 

^fwpvv vwrtryiianus 4u)(iuSi ^porrtir- ovir6ai, old y> yvmptfuivs Kol fpiKra-^ 

T^pwtf n itipM/ ml yvMUXWV 0tXi>- rmit, Sid r^r tov m/i^iftou jiapTvpUar' 

m^hi ryPmK6 r mr, ml mmyoyfoii rnOra Buvooujiirof imrovSaCt roiit: 

( iwmm ml W T m ) (m ¥, ml t§ AX^r r^ ntpt "EiX^narii irp<>tr<A'£(»TOUTWvXpi<r-> 



316 Refleeiumi an the VL 

. constanq^, and in that rational, decent, and becoming way, as 
suits the nature of the action ; making our addresses to God 
with a serious reverence, and an affecting fervency of devo- 
tion ; and in our discourses to men, speaking always, as the 
oracles of God, with Scripture-eloquence, which is the moest 
persuasive; in our doctrine shewing uncorruptness, graritv, 
sincerity, sound speech that cannot be condemned ; in oar 
reproofs, and the exercise of public and private discipline, 
using great wisdom and prudence, both to discern the tempers 
of men, and to time the application to its proper season, mixing 
charity and compassion with a just severity, and endeavouring 
to restore fallen brethren in the spirit of meekness ; shewing 
gentleness and patience to them that are in error, and giving 
them good arguments with good usage, in order to regain 
them; avoiding all bitter and contumelious language, and 
never bringing against any man a railing accusation ; treating 
those of our own order, whether superiors, inferiors, or equak, 
witli all the decency and respect that is due to them, siuio 
nothing is more scandalous among clergymen than the abides 
and contempt of one another ; endeavouring here, as well as 
in all other cases, ** to keep the unity of the spirit in the bond 
of peace ;" shewing oui*selves candid and ingenuous in mode- 
rating disputes among good Catholics, as well as resolute and 
prudent in opposing the malicious designs of the professed 
enemies of truth; briefly, employing our thoughts day and 
night upon these things, turning our designs this way, and 
always acting with a pure intention for the benefit and editica- 
tion of the Church ; even neglecting our own honours, and de- 
spising our own interest, when it is needful for the advantage 
of the public. 

Such actions will proclaim our zeal indeed, and (h'aw everv 
eye to take notice of it. Such qualities, joined with probity 
and integrity of life, will equal our character to tliat of tlie 
primitive saints ; and either give happy success to our lalmur:?. 
or «at least crown our endeavours with the comfort and satis- 
faction of having discharged a good conscience in the sight of 
(lod. The best designs indeed may be frustrated, and the 
most pious and zealous endeavours be disappointed. It was so 
\uth our Lord and Miister himself, and no one of his house- 
hv^ld thou is to think it strange, if it happen to be his own 



foregoing dincourae. 317 

«ae. For, " though he spake as nerer man spake ;" though 
le had done bo many miracles amoog the Jews, yet they be- 
ieved not on him. This seems to be written for our comfort, 
;bat we should not be wholly dejected, though our endeavours 
w\ of success, since our Lord himBelF was first pleased to take 
lis shor