potestas judicandi non est justitia immo potest esse sine justitia ita potestas vel authoritas cognoscendi in aliqua causa potest esse sine cognitione aliqua Scot. lib. 4. dist 19. whereby they have power to make inquisition into and examine the case or the Penitent as a man that standeth by may know as much Law as he that sitteth upon the Bench although he hath not a Commission to examin the truth of a cause then in question according to his skill as the Judge hath for saith Scotus that authority whereby the Judge possesseth himself with the true information of the matter depending although it may require skill and discretion to manage the same aright even as the key of power requireth justice in the right use thereof notwithstanding as the power to judge is distinguish d from Justice and may be found where there is no justice as in Pilat so the power and authority to take cognizance of a cause may ofttimes be without any discretion or science at all as in Festus and Felix Saint Pauls Judges the gift then of knowledge and understanding is not the key but the guide thereof and the authority rightly placed when a man of understanding is in place 2. Clavis Potestatis The Second is the Authority of censuring or the key of power which we call the power of absolution consisting in the solemn denunciation of the Sentence for the former key which investeth the Priest with authority to discern Claves sunt discernendi scientia potentia judicandi i. e. solvendi ligandi usus harum Clavium 1. discernere ligandos solvendos 2. dâ—in ligare solvere Magistr l. 4. dist 18. and examine between leprosie and leprosie is but preparatory maturing onely and ripening the sinners case for sentence Judicium sumitur prout significat actum Judicis ut Judex est jus decit i. e. juridicam sententiam pronunciat Apol. pro Jure Princip pag. 173 174. final determination being the scope thereof wherein the Priest after a full notice and examination of the sinners case and comparing the same with the law of God the rule to direct his hand and key judgeth according to that law and pronounceth the sentence judicial I say as delegated from God whose Commissioner for such causes he is and proceedeth not as a Witness to give in Evidence nor as a Herauld or Crier or Pâ—rsevant to make intimation of the Magistrates decree as a Messenger onely but as a Judge though subalternate clothed with authority from Christ and Christ from his Father to give the sentence The Father saith Chrysostome hath given all power unto the â—on and I see thâ—t they 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrys 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tom. 6. p. 16. the Priests to have bâ—en made partakers of all that power by the Son for witnesses discover and declare the fact and Judges proceed aâ—cording to their evidence for example whether such a Murder were committed or no the eye-witnesses are the evidence as present and observing the fact although the Magâ—strate denounce the sentence and punishment The Penitent then becomes a selfe-accuser and witness and the Priest turns the key according to Gods law whose Deputy and Steward in that case he is Nor doth this power to be a Judge contradict his office as a Minister for as Magistrates are the (a) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13.4 Ministerâ— of God and bear not the sword in vâ—in so are Ministers the Magistrates of God and bear not the keys in vain But of this there will be occasion to say something in the exercise of this power whether it be judicial or no. Onely thus as the Magistrate is a temporal M n ster and the end of his power the preservation of publick peace and tranquility so is the Minister a Spiritual Magistrate to procure the salvation of souls and the enlargement of Gods kingdome and as the Magistrates sword is Terrestrial punishing evil doers and protecting such as do well so is the Ministers key Celestial binding the obstinate and loosing penitent offenders And it goeth well with Church and State when the Ecclesiastical Ministery and Civil government keep the bounds God hath set them and in truth the mutual incroachments and confusions of these two powers have been the occasions of all the alterations and combustions in Christendome For as when the roof of the Temple rent in sunder not long after followed the ruine of the Temple it self So if these two principal beams and Top-rafters the Prince and the Priest reâ—t asunder the whole frame of Christian religion will be shaken The abuse of the keys hath occasioneâ— the Câ—vâ—l Magistrate to abridg in some cases the lawful use thereof â—nâ— when the Church men began to use them like swords the Sword men seized upon them as belonging to their Regiment Know tâ—en O Priest what the inscription is that is ingraven upon thy k yâ— They are the keys of the kingdome of heaven and remember that he who gave the keys to Peter said unto the same man put up thy sword into thy sheath And let the Magistrate be afraid to draw too near unto this holy ground to handle the Câ—nser and approach unto the Altar or to Usurp upon the true function of the keys 2 Chro. 26.16 which appertain not unto them but unâ—o the Priests that are consecrated lest they participate in the judgment and leprosie of Vzziah As the Spiritual keys are of the kingdome of heaven because they open and shut the same to different offenders Revel 1.18 so are they of Death and Hell too from the dire effects thereof to such as are impenitent for Hell hath gates as well as Heaven and the same key that shutteth Heaven gates openeth Hell and where the gates of heaven are opâ—ned those of hell are shut Now heaven is opened and hell shut when a sinner is loosed and absolved in like manner hell is opened aâ—d heaven shut when a sinner is bound and his sins retained The next thing we are to consider Whatsoever thou shalt bind on earth c. It had beâ—n more correspondent to the Metaphor and use of the keys to have used the termes of opâ—ning and shutting 2 Of Absolution â—ligation as did Esaias the Prophet and John the Dâ—vine but the Holy Ghost hath chosen to express this power under the words of binding and loosing Esay 22.22 Rev. 3.7 to signifie the miserable â—state of such to whom heaven is shut up as remaining bound with the cords of their own sins Nempè ut intelligamus quam misera sit conditio illorum quiâ—â—s Coelum clauditur manent enim ol stricti peccatorum vinculis Contrà verò quà m bâ—ati sunt illi quibus apertum est coelum qui scilicet à filio Dei liberati sunt sint ipsius cohaeredes Beza Annot. in Matth. 16. and contrariwise the blessed condition of those to
the use of the Church Power of absolution conferred and confined unto Priests Laicks using the same not in case of office but necessity and where they are the parties grieved Bonds of the soul and sin onely loosed by this key The accomplishment and actual donation of this power God remitteth by the Churches act The form of Priestly ordination Heresie of the Novatians denying in the Church power to reconcile Penitents Seed and bellows thereof austerity of those times Absolution in the Priest not absolutely efficacious but as relating to conditions in the Penitent the Priest not secured from failing in the act of absolution The erring key Priestly absolution declarative and demonstrative and in a moral sense energetical Judgments forinsecal are applied declarations of the Law to the fact Absolution a Ministerial act but powerful and judicial but not Soveraign nor despotical The spirit of judgment to discerne and determine how necessary for Priests in the act of absolution Fathers making Priests Judges of the Conscience The exercise of the keys 1. In the word of reconciliation 2. In prayer ancient formes of absolution expressed in a deprecative manner not indicative 3. In the Sacraments 4. In interdictions and relaxations of publick Censures Keys abused at Rome Dangerous to Soveraign Majesties and Republicks The superciliousness of Roman Priests in Usurping upon Divine right subjecting the power of forgiveness in God to their arbitrements Their preposterous way in absolving first and afterwards in enjoyning Penance The feigned virtue of absolution Ex opere operato destructive of piety and penitency Conditions requâ—site in the Penitent to be relieved by the keys and lawfull use of absolution 3. Persons Tibi dabo IN the next place it comes to be considered who the persons are to whom this Commission is directed the Trustees to whose charge this power is deposited Some throw it open too far extending it to all Christians which if so what need of special offices and functions in the Church He gave saith the Apostle some Apostles Ephes 4.11 some Prophets and some Evangelists and some Pastors and Teachers Now if all are Pastors and all Teachers then not some and if some are Apostles and some Prophets then not all Others shrink it up and confine it unto Peter or if to his Successors such as they appoint entailing it upon those that sit in the Chaire at Rome But if none but that Chaire be Apostolical Hoc modo Ecclesiae Apostolicae census suos deserunt sicut Smyrnaeorum ecclesia babens Polycarpum à Joanne conlocatum resert sicut Romanorum Clementem à Petro ordinatum edit Teâ—t adverâ— haeres praescript cap. 32. Christus Apostolis omnibus post resurrectionem suam parem potestatem tribuâ—t Cypr. de unit eccles Universam signisicabat ecclesiam Aug. tr 124. in Joan. Ecclesia quae fundatur in Christo claves ab eo regni coelorum accepit in Petâ—o i. e. potestatem ligandi solvendique peccata Id. Tertullian was mistaken in affirming the Chaire of Polycarpus at Smyrna to be Apostolical and instituted by John as well as the châ—ire of Clemens at Rome ordained by Peter and Cyprian in writing how Christ after his Resurrection bestowed the power upon all the Apostles and Saint Augustine that Peter at that time represented the whole Church and againe the Church founded upon Christ received the keys of the kingdome of heaven that is the power of binding and loosing by Peter And Theophylact All they have the power of remitting and binding that have obtained the sacred function of a Bishop 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theoph. in Matth. 16. p 94. Paris 1635. as well as Peter for albeit it was said unto Peter onely I will give to thee yet the keys were given to all the Apostles It is the Inheritance of the Church to whose use Peter was seised of these keys and the power executed by all that succeed in the function of Priesthood nor can Peter boast herein to have been anointed with any oyl above his fellows But withall as this oyl descended from Aarons beard to the skirts of his garment so it condescendeth no further for omni soli sacerdoti to all the Priests and to them onely is this authority conferred and confined To this parpose the Oracle of our Divines Bishop Andrews resolveth Serm. of Absolution the Apostles to be three wayes considerable 1. as Christians in general so it was said unto them Vigilate watch 2. or else as Preachers Ministers Priests so it was said Ite praedicate hoc facite Go and preach and Do this Mark 13. ult c. 3. or lastly as Apostles and so personally They were to be witnesses of his miracles and Resurrection Now the power of absolution was not peculiar to them as Apostles nor common as Christians but committed to them as Preachers Ministers Priests and consequently to those that in that function and office do succeed them yet not so committed unto them as if God could not work without them for Gratia Dei non alligatur mediis the grace of God is not bound but free can work without means of Word or Sacrament or Ministers either but ordinarily this is an Ecclesiastical act or course by him established the Ministery of reconcâ—liation to Ecclesiastical persons And if God at any time vouchsafeth by Lay-men that are not such they are Ministri necessitatis non officii in case of necessity Ministers but by office not so Hitherto are Mentis aureae verba bracteata the grave resolves of that learned Prelate at the feet of this Gamaliel we sit and take these Dictates 1. The Apostles received power to absolve as Priests and Ministers of the Gospel and so those that succeed them in that calling 2. That God can and doth remit sins by himself immediately without any subordinate means at all 3. That this power conferred upon Ministers is an ordinary and Ecclesiastical act 4. And that Lay men taking unto themselves this power are Ministers in case of necessity onely and not usual nor called to that office Hereupon saith Ambrose This right is onely permitted unto the Priests Jus hoc solis permissum est Sacerdotibus rectè igitur ecclesia vendicat quae veros Sacerdotes habet Ambr. de Poen l. 1. c. 3. therefore the Church may truly pretend thereunto that hath true Priests The Church then includeth Priests and Priests absolution The poor Christians in the Vandalick persecution were sensible hereof for when the Orthodox Clergie were exiled by the Arrians the People casting themselves at their feet Victor Uticens lib. 2. cried out To whom will you leave us wretches while you go forward to your Crown Who shall Christen these sucklings in the font of the everlasting water Who shall impart unto us the benefit of penance by reconciling and indulgence absolving us from the bands of our sins The Laity could not be in such distress if the grace of absolution had not been inherent in
judgment seats But if no disease be more deadly than sin and no law hath so powerful an avenger as God it will follow no ordinance to be more acceptable and necessary than that which reconciles the lost favour of God unto the transgressors of his laws Thou then whosoever thou art that disesteemâ—st the power of God in the Ministery of his Priests be first without sin before thou cast the first stone against it and except thou beest exempted from common infirmities vâ—lifie not these Physicians It is not the least of Satans subtilties to weaken this ordinance in many mens estimations as no useful institution of God but an usurpation of the Prelates serving more to establish their tyrannie over the peoples consciences than to quiet and pacifie them and as the Priests are too supercilious to prescribe so the people may be too superstitious to observe thus the Serpent by degrees hath brought this laudable practice first out of credit and next out of use for the most part and so highly that by many transported with impudence the Priest is questioned as Moses was by the Hebrew Exod. 2.14 Quis te constituit Judicem Who hath made thee a Pâ—ince and Judge over us though his intents be onely to part the fray betwâ—xt God and the sinner and set them at peace as Moses betwixt his countrey-men And as Korah and his complices said to Moseâ— and Aaron Ye take too much upon you Numb 16.3 seeing all the congregation is holy and the Lord amongst them So is the Ecclesiastical Hierarchy traduced by our modern Schismaticks for Vsurpation Matth. 12. â—4 for Tyrannie for Lording it over Gods inheritance Are not all the Brethren Saints why do you Prelates then lift up your selves above them Saints let them be is there not principality amongst Saints as well as amongst Devils But are not all Gods people a royal Priesthood why do you Priests arrogate unto you any prerogative above your fellows to such tender ears the very name of absolution is odious and the keys themselves disliked because born cross-wise at Rome lest therefore such Monsieurs les Greffiers question us as the Scribes did our Saviour By what authority doest thou these things We will clear the coasts and evidence these disquisitions 1. what power is given unto the Priest in the matter of sin and therein whence this commission issueâ—h and to whom it is directed 2. what are the actâ— and exercises thereof and wherewithall the same is executed 3. then of the properties thereof whether the Priests sentence be absoluâ—e and infallible and whether Ministerial and judicial 4. and lastly the abuses shall be parallel'd with the positive truth and thereby measured and discerned The first grant of this power unto man Of the Power of the keys Matth. 16.19 is the promise of Christ made unto Peter under the meâ—aphor of the keys saying I will give unto thee the keys of the Kinâ—dâ—m of heaven and whatsoevâ—r thou stalt bind on earth shall be bound in heaven and whatsoever thou shalt lâ—ose on earth shall be lâ—osed iâ— heaven a power of great latitude and extent equivalent in the opinion of Saint Chrysostome as to give the places on his right and left hand in his kingdome 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrys in Matth. 16. Tom. 2. pag. 344. whereupon that Father questioneth but answereth himself how shall Christ give the power of the keys that hath not in his hands the placing of the seats thereby also demonstrating himself to be God in conferring that property power of remitting sins which appertaineth to God onely These termes are to be opened 1. what the keys mean 2. next how they are to be used under these words of binding and loosing 3. in the third place about what they are imployed the object quicquid whatsoever 4. and lastly by whom Keys Tibi Dabo I will give unto thee For the first The holy Ghost compareth a sinners case to the estate of a person imprisoned the very termes of keys of opening and shutting seem to have relation as it were to the prison gate and the termes of binding and loosing as it were to the fetters and bonds as if sin were a prison and the case of sinners like theirs that are shut up whereupon the power given unto Christ as man Luke 4.18 was to preach 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 remission or deliverance to captives And keys imply a faculty to that person to whose custody they are committed as when Eliakim was invested inâ—o Shebnahs place Esay 22.22 it is said I will lay the key of David upon his shoulder which words seem to be lent unto the Apostle and by him applied unto our Saviour Revel 3.7 These things saith he that is holy that is true he that hath the key of David he that openeth and ro man shutteth that shutteth and no man openeth with this difference the word house omitted in the latter Discrimon est quod illud videtur inferioris Ministri puta 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 idque tantùm in familia Davidis hoc supremi Gubernatoris atque quidem totius râ—gni Brightman Apocalyps cap. 3. 7. and that advisedly to distinguish betwixt the Type and the Truth Eliakim and Christ in Him resideth regal power and despotical in Eliakim Ministerial and Oeconomical onely as steward of Davids house for that room he sustained 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aben Ezra Thesaurarius super domum regalem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 4 1. 1. Clavis authoritatis solius Dei 2. Clavis excellentiae solius Christi as appeareth 2 King 18. By the delivering then of this key Peter was made not a Lord over Gods inheritance but a steward of the mysteries of God for our case was thus As Adam was exiled and shut out of Paradise so are sinners from heaven and as Paradise was shut against him so was heaven against them also sin being the embargo betwixt us and heaven Now what key shall sinners find to open heaven gate God hath a commanding key who onely hath authority to forgive sin against whom it is committed and so often as a sinner is pardoned so often is heaven opened this key God keeps to himself 2. Christ hath an excellent key which openeth where no man shutteâ—h for by his merits hath this Angel of the Covenant like Peters Angel loosed our bands Acts 12.7 and set open the Prison doors enlarging the Captives and not them onely but the Palace doors Heb. 10.19 Sanguis Christi clavis Paradisi Tert. for by the bloud of Jesus we have boldness to enter into the holiest and elegantly it was said by Tertullian his bloud is the key of Paradise 3. The Apostles had an Oeconomical key as stewards in the Lords house for in Princes Courts the key is the ensign of that Office because unto their trust is committed the Ministery of Reconciliation 3. Clavis Ministerii of this key Saint
Ambrose thus Behold sins are forgiven by the holy Ghost Ecce quia per Spiritum Sanctum peccata dònantur homines autem in remissionâ—m peccatorum Ministerium suum exhibent non jus alicujus potâ—statis exercent neque enim in suo sed in Patris Filti Spiritus Sancti peccata dimittuntur isti rogant divinitas donat humanum enim obsequium sed Munisicentia supernae est potestatis Ambr. l. 3. de Spir. S. cap. 19. but men contribute their Ministâ—ry toward the Remission of sin but exercise no right of any power for sins are not remitted in their name but in the name of the Father the Son and the Holy Ghost they supplicate and pray God grants and pardoneth the service is from man but the bounty from an higher power So then the higher power is the key of authority and the humane service is the key of Ministery These several keys were well known to Scotus who writeth thus Judicial authority in censuring heaven to be open or to be opened to any man or not Authoritas judiciaria sententiandi coelum huic aperiendum vel apertum esse tripliciter intelligitur 1. Authoritas simpliciter principalis solius Dei 2. Non Principalis sed praecellens solius Christi quantùm ad duplicem praeeminentiam 1. unam quidem in universalitate causarum judicandarum 2. aliam in firmitate sententiae definitivae utraque praeeminentia potâ—st convenire illi qui omnia merita demerita novit quae sunt causae propter quas coeluÌ„ est aperienduÌ„ vel claudenduÌ„ habet etiaÌ„ voluntateÌ„ inseparaâ—iliter conformem justitiae divinae propter primuÌ„ potest in omnibus causis sententiare quia omnes novit propter secundum potest ejus sententia simpliciter esse firma irrevocabilis quiâ— semper justa Non potest haec Clavis esse in ecclesia Militante qâ—ia nullus in ecclesia novit omnes causas judiciarias nec habet voluntatem immutabiliter justam 3. Particularis quantùm ad causas cognoscendas infirma quantum ad sâ—ntentiam seâ—â—â—am puta quia ipsa fit aliquando revocabilis si quâ—ndo pâ—â—eter legem divinam judical poâ—â—st ergò esse in ecclâ—sia una clavis coâ—â—um aperiâ—ndâ— sc autoriâ—â—s sâ—ntentiandi parâ—iculâ—â—itâ—r non irrevocabâ—liter coelum essâ—â—peâ—tum Scâ—t l. 4. dist 19. Sect. Haec secunda is understood in a threefold sense 1. as the most principal and absolute residing in God onely 2. not as the most principal but a very excellent authority appertaiâ—ing unto Christ by a double preeminence which he hath 1. over all causes as one who knoweth all mens hearts and can judge thereof 2. in the validity of his sentence definitive as ever just and never to be repealed whâ—ch prerogative can onely sort with him who knoweth how well or ill all men have deserved for heaven stands open and shut towards us according as our deserts are as also in regard the will of Châ—ist is and evâ—r was undividedly conform ble to divine justice for the first reason Hâ— may be a Judge in aâ— cauâ—es who know th all things anâ— for the second h enâ—â—nce is firm and iâ—â—vocable bâ—cause alwayes just The militant Church is not capable of this key bâ—cause there is not any member in that Church endowed with so ample iâ— ellectuals as to know alâ— causes nor hath a will so confirmed in justice as therein to be immutable 3. There is a particular authority to hâ—ar causes but weak to give sentenâ—e and is many times revocable as pronouâ—ced besides the lâ—w of God there mâ—y bâ— then in the Church a ceâ—tain key to open heaven that is the authority of sentencing in particular and yet heaven not irrevocably open unto any Thus much Scotus from whose testimony clearly stream these deductions 1. The Ministerial key in the custody of the Church is not so ample and firm as that excellent key which is upon Christs shoulder and those words As my Father sent me so send I you relate to the certainty of the Commission and not to the extent thereof 2. That there is not in the Militant Church therefore not at Rome such a key as can fit all wards or such a Judge as can take cognizance of all causes nor is there that Oecumenicâ—l jurisdictâ—â—n â—ntituling Rome above all and unto all nor do all causes turn upon that Rota 3. That there is no mortal Judge either Ecclesiâ—stical oâ— Civil so confirmed in justice Clavis triplex 1. Authoritatis istam habet solus Dâ—us qui solus dimittit peccata authoritativè 2. Excellentiae qâ—aÌ„ solus homo Christus habâ—t in quâ—ntum â—ssctuÌ„ Sacramâ—â—tâ—rum potâ—st â—â—re siâ—â— Saâ—ramentis 3. Clâ—vis Ministerii istâ—m clavem habent Sacerdotâ—s per quam ligant sâ—â—â—â—nt Raymond sum tract 4. de Poenit. but that he may swerve and deviate from that rule Nullus in Ecclâ—sia saith Scotus In the Church no not one but hath a will subject to change the Pope then that boasteth of the infallibility of his keys either is not of the Church or above it And as this Schoolman hath expressed the differential properties of these keys so a Canonist the several titles and persons to whom they appertain The kâ—y saith be is tripartite 1. of Authority and that is in the hands of God alone who onâ—ly forgiveth sins wâ—th authoâ—ity 2. Of Excellency wh ch the man Christ hath insomuch that he without the Sacraments can confer the effect and benefit of the Sacraments 3. Of the Ministery and this key is in the custody of the Priests by virtue whereof they bind and loose The Church then must rest contented and good cause she hath so to do with this Ministerial key for the first authentical key posuit pater in potestate sua the Father hath put in his own power for the excellent key omnem potestâ—tem dedit filio he hath given that power to his Son and for the Ministerial kâ—y habemus thesaurum istum in vasis fiâ—â—â—ilibus 2 Cor. 4.7 we poor Clergy-men are rich in this treasure thâ— vessels containing the same are earthly but the key is from the Lord and heavenly the excellency of this power is from God the Ministery from us onely And thâ—t we may not be thought â—o accomplish any thing as from our selves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theophil Com. in 1 Cor. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Chrys 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but that every one who seeâ—h it may say it is wholly of God niâ—ping withall the false Apostlâ—s who ascribed all unto themselves as Theophilact piously admonishâ—th And indeed we need not be ambitious of further dignities God having highly honoured our Order with this depositum for to whiâ—h of the Angels said he at any time To thee will I give the keys c. and whaâ—soever ye shall bind on earth shall be bound in heaven c. Ignem veni mittere in terram
the sinner and fidelity in the Priest that absolution may be efficacious Now as the sinner is not ever contrite and penitent in shriving no more is the Priest ever faithfull and infallible in pardoning the sentence of the Priest is then in force when grounded upon Gods word and treads the footsteps of the Judge eternal whatsoever sins ye remit that is after the form of the Church Quorum remiseritis peccata scilicet in formâ— Ecclesiae clave non errante remittuntur Bonav in Joan. 29. p. 20. Tom. 1. p. 417. Mogunt 1609. Hoc tamen intelligendum est quando judicium Ecclesiae divino judicio conformatur Lyra in Joan. 10. Supposito hîc in terra debito usu clavis Deus illud approbat in coelis aliter non Idem in Matth. cap. 16. and not with an erring key are remitted saith their Seraphical Bâ—naventure and Lyra limits the confirmation to just proceedings on earth sins are remitted and retained in heaven when the judgment of the Church is conformable to Divine judgment And again Vpon supposition of the true use of the keys God approves thereof in heaven otherwise not And these Caveats need not be entred if the Priest could not mistake herein And Richardus observing the words that they are not whatsoever thou hast a will to bind on earth Non dicit quodcunque volueris ligare sed qâ—odcunque ligaveris Ligat itaque absolvit sacerdotis sententia justa neutrum verò Sacerdotis sententia injusta Rich. de Clavibus cap. 11. but whatsoever thou shalt bind deduceth from thence that it lies not in the Priests pleasure to bind whom he thinks good but as he findâ— just cause and concludeth A just sentence from the Priest bindeth and lâ—oseth whereas the unjust sentence of the Priest is a meer nullity The Scâ—oolmen are seconded by the Canonists As the Mâ—nister or instrument hath no efficacy in operation but as moved by the principal Agent Sicut Minister instrumentum non habet efficaciam in agendo nisi secundum quod movâ—ntur à Principali Agente sic Sacerdos cùm operatur per istas claves instrumentaliter si utitur istis clavibus secundum proprium arbitrium dimittens rectitudinem divinae monitionis peccat Sum. Angel verb. Claves nu 4. Sacerdoti non licet his clavibus uti pro libito suae voluntatis quia cùm operetur ut instrumentum Dei divinam motionem sequi debet aliter peccat Barthol Armill aur verb. Claves n. 6. So the Priest who worketh by those keyes instrumentally If he use these keys after his own appetite and shall omit the just monition of God sinneth saith one of that rank and another much to that purpose It is not lawful for the Priest to use the keys as he please for seeing he worketh as an instrument of God he ought to follow the divine motion else he is out Now what need these Cautions and restrictions that the Priest must be directed by divine monitions if this instrument were infallibly moved by the virtue of the first agent and that advise to follow the divine motion if the keys in his hand were ever and undoubtedly swayed to the right wards These prescriptions are jealous of some eccentricities in the motion of these inferiour orbs and of some tamperings in these lower keys This unanimous consent of School-men and Canonists in this point whether it proceed from the beams of Divine truth or for that they would not throw open the Popes prerogative in Common whom they hold onely to be infallible I cannot say But it may safely be concluded Absolution to be then onely in force when matters are carried with right judgment and no errour committed in the use of the keys 3. Absolution declarative The third property that Absolution from the Priest is declaratory that is not absolving so much as pronouncing a Penitent from God to be absolved As the two Apostles having healed the lame man and the people filled with wonder and amazement had recourse unto them to do them honour they professed that it was not their power and holiness that had made that man whole but that the name of Christ Acts 2.10 12 16. through faith iâ— his name had made that man strong as very shie and fearful of Sacriledge in concealing the theft of Divine honours which the peoples opinion had stollen for them So it is not the holiness or power of the Priest and Minister that remitteth sin but God in the Name and Faith of Christ Jesus The Priest is an Herald making intimation thereof his absolution is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in his own right pardoning but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 demonstrative onely as a special officer of the King of mercy And as Gemini an old Astronomer delivered of the constellations in heaven that they are not the causes of rain winds tempests c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Genimi Isag Astron p. 36. apud Petavii 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But because observation found such accidents usually coming to pass upon the Cosmical and Acronical rising and setting of such asterismes such effects were ascribed unto them whereas they were not causes thereof but indications giving notice that the times and seasons were now come when such effects come to pass That which the Priest doth is to dispose the Penitent and by the word upon probable signs of sorrow to absolve him which absolution is not a proper act of forgiveness of sin no more then he that brings the Princes pardon can be said to pardon the Delinquent nor hath it any direct necessary or Physical influence in forgiveness of sin but he is onely causa moralis seu concilians whereupon God is said to pardon the Penitent when he seeth him humbled And as a Messenger of the Princes pardon is a mean whereby the prisoner is actually discharged and causa sine qua non a cause without whose message by him deliverâ—d the offender had been still a captive and perhaps executed So oftentimes the Minister is a cause though not of pardoning yet of freeing the sinner and though not of remission yet of the sense and feeling thereof by applying the mercy of God without which the poor sinner might peradventure have been swallowed up of grief Although then the Priests absolution be declarative yet it is not so jejune and leaden as many therefore imagine the same to be for what else are all Juridical sentences determinations and judgments in all kind of laws but the application of a point in law to a matter in fact and a declaration what the thing questioned then is in law and what justice either assertive or vindictive belongeth thereunto Now because the Judge is nothing else but the speaking law and his judgment an applied declaration thereof shall his sentence be therefore infirm because he judgeth according to law or shall the Priests absolution be the less respected because it is grounded upon Gods word denounced in
aliò debet referri quâ—m ad verbi ministerium locus Matth. 18. ad disciplinam excommunicationis pâ—rtinet quae ecclesiae promissa est Calvin Instit lib. 4. c. 11. Sect. 1 2. and the mention of the keys to be granted again Matth. 18. to Ecclesiastical discipline and excommunication The censure of the Church is Let him be unto thee as an heathen man and a Publican Where it appeareth to be two-fold Matth. 18.17 the greater and the lesser as they are usually termed The lesser excludeth from the Sacrament onely and the greater shutteth out of the Church also and maketh such interdicted persons like unto the Heathen for whom it was not lawful to enter into the Temple or sâ—t foot on holy ground whereas the Publican was admitted to come within the Temple and to make his prayers there And this discipâ—ine is derived from the Jewish Synagogue our Lord investing his Church with the same power There are with us saith a late learned (a) Elias Levita Rabbin three sorts of Anathemaes or censures NIDDUI CHEREM SCHAMMATA Niddui 1. NIDDUI that is elongation which separation was partly voluntary when the unclean betrayed themselves and desired the expiation Niddui sugati in Novo testamento 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 immunditia menstruum Hieron expiatiâ— menstruata immunda quod à viro Templo elongeretur S. Pagnin LXXII 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 partly unvoluntary when the unclean person was condemned by the Sanedrim or Council whence the water was called Niddah from expulsion or separation because it was used in the expiation of such persons upon solemn confession of sin had also But if any person repented not that is neglected the expiation or behaved himself refractorily to the decrees of the Council 2. CHEREM they did then excommunicate him by Cherem and this is to cut off from Israel Quòd si quis non resipuisset anathematizabant eum per Cherem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 consecratiâ— devotio Anathema or from the congregation and that man so cut off was to be esteemed no longer an Israelite but an Heathen as our Lord speaketh but if after all this he repented not Meschammatabant eum they did abominate him with SCHAMMATA 3. SCHAMMATA that is judged him guilty of eternal death and it is called Schammâ—ta (a) So Elias Lâ—vita in Thesbyte But Drusius derives it from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a name and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 venit he comes The Syrians called it Maran-atha the Lord comes Drus in Praet as if he should say Death iâ— there And peradventure this Anathema so aggravated was irrevocable By this custome thus unfolded not onely the saying of Christ but many other passages of Saint Paul receive light and interpretation This is the binding part The Relaxation or loosing is the amoval of the censure the restoring to the peace of the Church and a readmittance to the Lords table Which the ancient Councils and Fathers usually expressed 1. by bringing them to the Communion 2. reconciling them to or with the Communion 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Concil Laod. can 2. 2. Communioni vâ—l communione reconciliari Concil Elib canon 72. 3. Reddi eis communionem Ambr. l. 1. de poen c. 1. 4. Ad communicationem admittere Cypr. Ep. 53. 5. Pacem dare concedere Id. ib. 3. restoring the Communion to them 4. or admitting them into the fellowship 5. granting them peace Neither is this kind of binding and loosing lightly to be esteemed for how fearful a thing is it to be exiled from the Society of Gods people and participation of the holy Mysteries Claves Regni coelorum sic dedit Christus ecclesiae ut non solùm diceret quae solveritis c. verùm adjungeret Quae ligaveritis in terra erunt ligata in Coelo quia bona est vindicandi justitia illud enim quod ait sit tibi sicut Ethnicus Publicanus gravius est quâ—m si gladio feriretur si flammis absumeretur si feris subigeretur nam ibi quoque sub unxit Amen dico vobis Quaecunque ligaveritis c. ut intelligeretur quantò graviùs sit punitus quâ— veluti relictus est impunitus Aug. tract 50. in Joan. c. 12. The keys of the kingdome of heaven saith Saint Augustine hath Christ so given to the Church that he said not onely whatsoever ye shall loose c. but adjoyned whatsoever ye shall bind on earth shall be bound in heaven for vindictive justice is good also And that which he saith Let him be unto thee as an Heathen or Publican is more grievous than if a man should be smitten with the sword consumed with flâ—mes or cast forth unto wild beasts for there he hath put to Amen or Verily I say unto you whatsoever ye shall bind on earth shall be bound in heaven that we also might understand how much more grievously he is punished that seemed to us to be left unpunished And so I have unfolded those Four wayes wherein the power of the keys is usually practised by the Ministers of the Church And thus far with Gods assistance have we waded in declaring the power granted by Christ 4. Abuse of the keys and the true imployment of the keys But as Soveraignty may degenerate into Tyranny and power into violence and oppression even so it hath fared in this Ministerial office Some have been puffâ—d up with Pharisaical honours as to dilate their fringes and pass the bounds of Christs Commission That man of Rome who pretends to have Peters keys onely or principally at his devotion cannot be content to sit in the Temple of God but will there sit as God and intrude upon the Royall prerogative of our Lord and Master planting his throne far above Princes and not content with that but to usurp upon Divine honours Thomas Aquinas or whosoever made that book De regimine Principum tells us of strange things Oportet dicere in summo Pontifice esse plenitudinem omnium gratiarum quia ipse solus confert plenam indulgentiam omnium peccatorum ut competat sibi quod de primo principe Domino dicimus quia de plenitudine ejus nos omnes accepimus Aq. de Regim Princip l. 3. c. 10. fol. 83. Paris 1509. Quod si dicatur referri ad solam spiritualem pot stâ—tem hoc esse non potest quia corporâ—le â—emâ—orale ex spirituali perpetuo dependet sicut corporis operatio ex virtute animae Id. ib. and saith we must say so too That in the Pope there is fulness of all graces because he alone granteth full pardon of all sins that it may be verified of him which we say of the chief Prince and Lord for of his fulness we have all received Nor must this fulness be confined unto spiritual power but comprehend the temporal also because that which is corporal and
de bouchâ— pour reveler ce qu'il a entendu Os habent non loquentur Et le Sceau de la confession est si impoâ—tant religieux que pour riâ—n du Mondâ— il ne peut estre vâ—olé P. Bess Ca esme Tom. 2. pag 736. and preacher in the Court of Fraâ—ce being in the place of God hath no mouth to reveal what he knoweth in Confession and for proof hereof he alleageth that of the Psalmist They have mouthes but speak not By his wordâ— setting him in the place of God but by his proof making him an Idol the seal of confession saith he is so important and religious that it may noâ—â—e violated for any thing in the world And so great is the religion of the seal of confession saith a Jesuite that in no case Tantam esse sigilli confessionis religionem ut in nullo casu propter nullum finem etiam pro tuenda tota republica ab ingâ—nti mâ—lo temporali vel spirituali violare illud liceat Eudaemon Joh. Apol. pro Garnet p. 335. and for no end yea though it were to protect the State from any great mischief be it Temporal or Spiritual it may not be violated They are the words of Eudaemon or rather Kacodaemon Johannes and addeth withal that this is a received principle amongst men of his rank with whom the keeping of this seal is preferred before the keeping of the Princes safety and State Yea a deep silence is herein required that if our Lord Jesus Christ should again be conversant on earth Perpetuum silentium praestare licet cum Regis Reipublicae internecione conjunctum vâ—l certissimo Salvatoris nostri interitu si nobiscum hic denuò versaretur in terris Jacob. Rex Medit. in Orat. Dom. p. 63. and Judas and the Priests conspiracy to do again and the same delivered under seal of Confession to save our Saviours life it must not be detected as our late Dread Soveraign hath observed from the writings of some of that society No marvel then at those that teach the seal must not be broken to save a Kings life Non debet manifestare quae audivit in confessione etiamsi aliquod gravissimum malum non revelando immineret ut occisio Regis vel civitatis ruina Armil Au. 5. Confes n. 5. or City from ruine that will not break it to save the life of the Son of God Could it ever be imagined that reasonable men should broach such fearful paradoxes prejudicial to Church State God and man King and subject making the office of Confession the den and cave of villanies and treason and the keys of heaven the keys of hell to lock up sulphurious treasons and to keep in that fire and brimstome that it should not break forth except the Prince flower of the kingdom be born up before it Inconveniences attending the popish seal of confession The holy Eucharist the seal of Grace is with such Fiends the seal to fold up horrid treasons sealing them up with the receiving of that Sacrament silencing their confessions with the pretended seal of another Yea in some cases the preservation of this seal may prove of much decriment to the Confessor himself as they put the case Two men conspire to draw their Priest into a wood and there to murder him as they are in the way one of the Conspirators repenteth and revealeth the same to him in confession what must he do in this case Debet plus timere Dâ—um se offerre Martyrio quà m transgredi Dei lâ—gem Ecclesiae revelando confessionâ—m Gabr. l. 4. d. 21. Q. 1. ad primum not go back for that were to break the seal but proceed rather and die a Martyr so sealing this seal with his bloud It causeth a necessary connivency and toleration of sin As if a man confess unto his Priest that he hath married in other Countreys two wives already and in his parish intendeth the marriage of a third the former yet living the resolution is rather than to break the seal the Priest is to marry him and to give the Benediction It is also a stop and bar to the proceedings of justice If a Confessor be examined upon oath concerning a truth detected unto him in Confession under the seal he may safely forswear it that he knoweth nothing thereof for that the same was made known unto him not in the person of man but in the person of God as the Angel in the bush said to Moses in the person of God I am the God of thy father c. But Scotus liketh not this evasion Sacerdos non audit confessionem ex persona Dei sed Ministerialiter loqui autem ex authoritate alterius loqui in persona sua propria ex commissione alterius Scotus because the Confessor speaketh not in the person of God but as a Minister of his put in authority under him therefore he adviseth him to flie in his answer to equivocations And lastly it may prove the * E Seminariis missi Sacerdotes ad intestinas seditiones sub Confessionis sigillo concitandas Cambd. Elizab. ad An. MDLXXX p. 298. School and nursery of treason A Traytor may first feel his Confessor let it be F. Garnet with general notions if he be fordable Another may crave his advice by way of Consultation what course may bâ—st be taken to promove the same and in case it take effect he may be questioned who shall succeed in the Crown and bâ—cause these detections consultations and questions were proposed under the veil and shadow of Confession Cave verò ne contrà odiosa magis fiat si soveat in sinu scelera talia tam odiosa perniciosa Tortura Torti pag. 292. be sure of the Conâ—essor his mouth is stitched up not a word for a world because these things relate to confession the seal and confession would wax odious should the seal be ripped up But as a Reverend Prelate replied Take heed if it grow not more odious if it cover and nourish in its bosome crimes so odious and pernicious And because there may be security given on both sides the Confessée or Penitent is obliged to keep close what the Confesseur or Ghostly Father shall say or do at that time also Non solùm Confessor celare tenetur acta dicta Consitentis sed etiam Confitens ad ipsum tenetur quantum ad acta dicta Sacerdotis Gabr. l. 4. d. 21. Q. 1. Concl. 3. so that in this vault Trayterous plots may be conferred upon and banded to and fro without fear of any discovery Gen. 49.6 O my soul come not thou into their secret unto their assembly mine honour be not thou united Yet for all their close dealings sometimes mischief will come out yea hath when such hellish projects have come before loyal Priests Sundry Examples of conspiracies confessed and detected Bodin de Repub lib. 2.
Priest is out the School distinguishing of the erring key confirmeth for what need to distinguishing of the erring key if the key never erreth therefore Lyra hedgeth him in Hoc tamen intelligendum â—st quando judicium ecclesiae divino judicio conformatur Lyr. in Ioan. c. 20. and tells him that his sentence is allowed of by God when the judgment of the Church is conformable to his Never any simple Priest hath been so arrogant as to assume this priviledge to be infallible the claim whereof the high-Priest at Rome hath made his prerogative but what will you say if the Pope hath erred and that in this present business of absolution and eke in his own case Read this ensuing story you that are devoted to his chair and tell me how you like it Popes have power to make choice of their Confessor of whom they please and there was a Pope perceiving his life to draw to an end Capellano suo authoritatem Apostolicam contulit se absolvendi sub plenaria remissione ut fieri solet in anno Jubilaeo that committed to a Chaplain of his own Apostolical power to absolve with plenary authority as in the year of Jubile By virtue whereof after confession made he received absolution and so departed this life Not many dayes after he appeared to his Chaplain with a heavy look and in a mourning weed and being demanded If he was the late Pope answered yea also the Chaplain desiring to know why he was so dejected in countenance and clothes for that quoth the Pope I am adjudged to eternal death Is it possible replied the Chaplain since upon thy confession thou receivedst the benefit of plenary absolution it is even so said the Pope Supremus judex absolutionem illam ratam non habuit Spec. Exempl dist â— Sec. 30. because the highest Judge would not ratifie that absolution The Relator tells us how by this apparition God would let us know that if it be so in the green wood and top of the Church we should consider what may fall out in the dry and under branches thereof where there is less authority that although God and the Pope have but one Consistory yet they are not alwayes of one mind and if Christ confirm not in heaven the sentence of his Vicar on earth we may well doubt if every Sir John's absolution discharge us before God and if the Popes keys may erre in his own case we may suspect their integrity in other mens and so we see the second link in this Sorites is feeble and apt to be broken For all this let it be granted that sins must be fully opened before the Priest can proceed to Sentence and that he could not proceed amiss in the sentence of absolution and pardon yet except God had made over the hearing of all sins unto his Priests Illa potestas remittendi peccata non ita intelligenda est data Sacerdotibus quasi Deus se eâ andicarit eam prorsùs transtulerit in Sacerdotes ità ut in absolutione non Deus sed Sacerdos remittat peccata Chemnit Exam part 2. p. 176. and reserved none to himself as not minding to be troubled about any such matters and had resolved neither to forgive the sin nor give the audience but to such onely as the Priests have remitted the argument would be the more impregnable But if our God be contrary minded as sure he is having shut out no sins from his gracious audience and is of so quick an ear as to hear the very desires of our hearts and so swift to mercy as to prevent oral Confession with a pardon how loosly doth this reason hang The present Greek Church upon confidence hereof addresseth her self unto God for a pardon even for those sins which upon some causes were left out in Confession Thus writeth their late Patriarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hierem. Patr. Constant ad Tubing Resp. 1. c. 11. Whatsoever sins the Penitent for forgetfulness or shamefastness doth leave unconfessed we pray the merciful and most pitiful God that those also may be pardoned unto him we are perswaded that they shall receive a pardon of them from God thus he God then remitteth sins never confessed to a Priest and ofttimes retaineth sins that are confessed for the Priests sentence is not alwayes agreeable with his nor of the same latitude and extent God remitting whomsoever the Priest assoileth if he proceed aright and many more besides and retaining whose sins soever he retaineth and many millions besides Thereupon Scotus observeth that the words of this Commission are not precise that is whatsoever you remit I remit also and no more and whatsoever you retain I retain and that onely For that many more sins are retained by God over and above those which the Priest retaineth is evident The Priest onely retaining such which are detected Illud verbum Quorum retinuerâ—ris c. non est praecisum non solùm enim illa râ—tenta sunt à Deo peccatori ad poenam quae retenta sunt à Sacerdote quia Sacerdos non retinet alâ—qua nisi aliquo modo sibi accusata sed signis indebitis poenitentiae tamen illa quae nullo modo sunt ostâ—nsa Sacerdoti Deus retinet ad vindictam Gehennae Ergò nec istud verbum Quorum remiseritis c. erit praecisum in such a confession whereof there are apparent signs that it proceeds not from a penitent heart in such cases where a sinner shall confess his sins and express no sorrow for the same like those Qui peccant publicant sin and glory in their sin wherein the Priest doth not absolve that is he retaineth and reserves for future sorrow or punishment Now God retaineth those that draw nigh to himself and the Priest with their lips but are far from both in their hearts God I say retaineth these and all those likewise that are not known to the Priest if they be not repented of to be punished in hell fire So for the other member viz. remission of sins If more sins be retained by God than are by the Priests it followeth that more sins are forgiven by God than are by Priests also for be it far from us to think that God shall be more strict than the Priest in retaining and not more copious than the Priest in pardoning or that God should exceed the Priest in detention of sins and not in remission No no God is rich in mercy and though in mercy he so far remember justice as to retain more sins than Priests take notice of yet his goodness is so great as to forgive more than Priests are able to take notice of or well understand Therefore the Commission runnes in words affirmative and not negative as if the remission and retention of sinnes made by the Apostles were precisely equall and of the same dimensions with the remission and retention of sinnes made by God which the negative termes if they
sins Where there is 1. preaching 2. next compunction 3. then Repentance 4 afterwards Baptisme 5 and lastly remission of sins atchieved by Peâ—ers Ministery And for the second condition that faith is engendered this way is more than evident for who hath not heard of that of the Apostle Acts 4.4 Fide ex auditu And many of them which heard the word belâ—eved the increase and addition made daily to the Church was by the Apostles planting and watering 't is true the efficacy is from God for neither is he that plâ—nteth any thing nor he that watereth but God that giveth the increase His the seed is the Minister is but the sower or rather the hopper where it is deposited and as the seed is his so is the blessing and increase the Priest concurring as a servant in this Spiritual husbandry it pleased God by the foolishness of preaching as the world accounted it to save them that believe 1 Cor. 1.21 Conclude we with Pacianus Nunquam Deus non poenitenti comminaretur nisi ignosceret poenitenti solus hoc inquit Deus poterit verum est sâ—d quod per Sacerdotes suos facit illius poâ—â—stas est Pacian ad Sympron Epist 1. God would never threaten the impenitent except he were minded to pardon the Penitent But it will be said God onely can do this very true but that which he doâ—h by his Priests is his power And to these two heads of disposition and application the more ancient Schoolmen limited the power of absolution preaching forgiveness not directly Sacerdotes dâ—mittunt ostendendo manifestando habent se ad modum demonstrantis non directè sed dispositivè ea adhibentes per quae Dâ—us dimittit peccata dat gratiam and from themselves but as disposing thereunto exhibiting those means by which God conferreth grace and forgâ—veth sin By the Word and Sacraments doth the Priest dispose and prepare sinners for repentance thereby to make them capable of forgiveness and doth actually apply unto such as are so disposed absolution and forgiveness first chafing and preparing the wax to receive the seal and when their hearts are l ke wax mâ—lted in the midst of their bowels Psal 22.14 as saith the Psalmist then as Officers they put a seal to the diploma of their pardon and absolution in the name of Christ actually absolving them so far as their Ministerial power can extend them I say qui non ponuâ—t obicem that hinder not by unbelief or impenitency So the Minister in the first place disposeth to repentance and then applieth pardon to them that repent and as it appeared in Davids câ—se upon whom the reproofs discharged by Nathan fell liâ—e claps of thunder 2 Sam. 12.13 the King thereupon truly humbled to repentance breaks forth into tears and confession which Nathan apprehending comforts him with the sweet news of pardon and absolution And this is all we can safely afford unto the Priest whose care must be not to exceed his instructions and to take that which is his own and to go his way Thou wilt say the words of his Commission give him further and more ample authority wherein the Priest hath power not to apply meerly but to absolve not to bear witness but to bind and so farr that Heaven shall not onely ratifie and confirm but second and answer his definitive resolves upon which surmise Hilary thus addressâ—th himself to Saint Peter O blessed Porter of heaven O Beate Coeli janitor cuâ—us arbitrio claves aeterni aditûs traduntur cujus terrestre judicium praejudicata authoritas sit in coelo ut quae in terris aut ligatâ— sunt aut soluta statuti ejusdem conditionem obtineant in coelo Hilarâ— Can. 16. in Matth. to whose disposing the keys of that eternal entrance are delivered whose judgment upon earth doth prejudicate that authority which is in heaven that whatsoever is bound or loosed upon earth the same stâ—tute should be of force in heaven also And Chrâ—sostome affirmeth the Priests throne to be founded in heaven 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrys 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tom 5. p. 152. and he that averreth the same is the very king of heaven himself saying whatsoever ye shall bind on earth c. what can compare or be equal with this honour heaven takes the principality or beginning of judgment from earth The Lord followeth his servant and look what the servant judgeth below the Lord confirmeth above For the clearing of these evidences there are three points to be debated 1. If the Priest can be said to be an author or doer of absolution 2. How and when his sentence is ratified in heaven 3. And then how and in what sense these Fathers can rightly affirme and which the words of Christ seem to import The Priests censure on earth to have the precedency and to take place of heaven and to these the resolutions succinctly follow 1. To the first we affirme that the Priest doth discharge his function Priests absolve Operativè not onely declaratively as a Messenger but operatively as a causer and procurer of absolution but a Causer after his kind because he laboureth in the work of the Ministery such as take pains in planting and watering the Lords husbandry are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 3.9 labourers together with God And as the Apostle styles himself a Father to the Corinthians 1 Cor. 4.15 and that he begat them in Christ Jesus through the Gospel though in the adoption of sons the seed be immortal and the quickner thereof the holy Spirit 1 Tim. 4.16 and as Timothy by his doctrine is said to save himself and them that hear him whereas salvation is from the Lord So are the Priests said to absolve as instruments ordained by God to work faith and repentance for the procurement thereof Revel 16.1 for as in the binding part of their Ministery they are like the Angels in the Apocalypse which pour out the vials of the wrath of God upon earth (a) 2 Cor. 10.6 having vengeance ready agaiâ—st all disobedience and a charge from God to deliver up unto Satan yet are they not the Avengers for to God vengeance belongeth but the inflicters thereof for unto the Priests the execution apperâ—aineth And in the Levitical Law which concerneth the Leprosie by so many of the Ancient made a type of the pollution of sin 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 LXXII Levit. 13.6 vers 44. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 LXXII we read the Priest shall cleanse him and the Priest shall polluâ—â— hâ—m and the Priest polluting shall pollute him where we translate the Priest shall pronounce him clean and the Priest shall pronounce him utterly unclean for the Priest was not the author of that pollution Haud dubium quin Sacerdos non quò contaminationis author sit sed quò ostendat eum contaminatum qui priùs mundus plurimis
Ministerial power in the Priest is opposed to Soveraigne and Despotical but not judicial because the power in an inferiour Judge is Ministerial in respect of the Authority and Judicial in regard of the exercise thereof A Judge he is though not supreme and in his own right So God is the Soveraign and absolute Judge and in all cases the Priest subordinate and substituted by his authority yet a Judge though the Lords Officer and giveth judgment albeit he declareth his Masters divine will and pleasure In the case of the Incestuous Corinthian Paul takes upon him the Authority of a Judge and denounceth the Spiritual censure 1 Cor. 5.3 For I verily as absent in body but present in Spirit have judged already as though I were present concerning him that hath done this deed where the sentence immedâ—ately followeth Now what judgment is here required and herein to be used will appear JudiciuÌ„ quandoqâ—e sumitur pro diserâ—tione undè dicitur quod infans furiosus carent judicio quandoque pro examinatioâ—e seu deliberatione quandoque pro authoritate Abbas Clavis discretionis if we consider the several kinds of judgments which in Panormitan are threefold 1. of discretion 2. of examination or inquisition 3. of authority or definition Of which the first is held so requisite that one of the keys hath been called after that name the key of discretion and where this is wanting the blind Priest may call light darkness and darkness light Discretion serving like the two lights in the firmament to distinguish virtue and vice asunder and the more to be required in a Priest who is not onely to put a difference betwixt light and darkness but betwixt darkness and darkness betwixt Leprosie and Leprosie betwixt sin and sin and how shall a Priest know sin that is ignorant of the law and how shall the law be understood without discretion In that great variety of sins and sinners which may come before the Priest he had need to have his eyes in his head that shall take the true distance of Criminal cases for then is the sentence of the Priest approved and confirmed of God and the Court of Heaven Tunc sententia Sacerdotis judicio Dei coelestis curiae approbatur confirmatur cùm ita ex discretione prodit ut Reorum merita non contradicant Quoscunque ergo solvunt vel ligant adhibentes Clavem discretionis Reorum meritis solvuntur vel ligantur in coelis Magistr lib. 4. dist 18. when it proceeds from that discretion as the merits of the guilty person contradict not the same whomsoever therefore they loose and bind by the key of discretion and according as the person may deserve such are bound and loose in heaven saith the Perpetual Dictator in the Schools Peter Lombard Of such necessity is discretion And when sins are discerned great judgment is required as well in the curation of sin as in the punishment of sin for in some sinners it hapneth that the punishment of sin is the best help and means for the curing thereof of whom that may be verified Perieram nisi periissem I had perish d utterly if I hâ—d not perished Of this sanative and purgative humour are afflictions like Northern winds blowing cold but sweeping and cleansing the air Thus the incestuous person was delivered unto Satan 1 Cor. 5.5 for the destruction of the flesh that the Spirit might be saved in the day of the Lord Jesus which censure was a curative Mâ—dicine from a Spiritual Physician and careful 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrys in 1 Cor. 5.5 not from an enemy or destroyer chastising thâ— flesh for the benefit of the soul And is there not need of judgment in administring such receipts where the ingredients may be poysonable and desperate if not allaied with much skill and discretion Again the Priest had need to be judicious in discerning unfeigned sorrow and contrition for sin Poenitentia est quae dam dolentis vindicta semper puniens in se quod dolet commisisse Aug. apud Aquin. part 3. Qu. 85. art 1. for as much as Repentance is an act of vindictiâ—e or corrective Justice whereby a sinner taking vengeance on himself for offending God in a sort preventeth his justice And to repent is (a) Ezek. 33.14 to do judgment in the Prophet or to (b) 1 Cor. 11.3 judge our selves as the Apostle calls it to which there belongeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a revenge or punishment Now there ought to be a correspondence betwixt sin and sorrow and an Analogy betwixt the iniquity of sin and the fruit worthy of Repentance And if the Priest find some sinners to take on but little for hainous offences he is to aggravate the offence and to proportion the sorrow not with any intent thereby to satisfie God but to please him And in the case the Penitent be swallowed up of grief he is to alleviate the burthen and great judgment is required in making this allotment what sorrow sorteth for each sin and to pronounce when the same is defective and excessive And lastly great judgment belongeth in the right application of this power that it may work and produce good effect To whom and to whom not and which way the key is to be turned to loose or to look the offender since it is not but with advice to be applied nor hands hastily to be laid on any man 1 Tim. 5.22 Pacian in paraenesi 16. Aug. de Bapt. 5. 20 23. A place referred by the ancient writers to repentance and the circumstance of the place giveth no less I said before that the best Physick works not upon indisposed Patients nor doth one receipt cure all diseases Judge then the Priest must of the nature of the disease of the state of the sinners soul as well as the efficacy of his Medicine And it fareth with those that are diseased in mind as with some such that are visited with corporal diseases as not to question the virtue of the physick but to suspect their own weakness in the use and operation thereof It being usual with many especially at the last gasp not to doubt of the power of remitting sins but of their own indisposition to receive it whether the physick will stay with them or no and work upon their souls and a judicious Priest must see to that These circumstances considered and many more that may fall in tell me if the handling of the keys and discreet managing thereof be not a judicial act In such ballances as these causes are to be weighed and then the power of binding and loosing to be practised Causae ergo pensandae sunt cùm ligandi atque solvendi potestas exercenda videndum est quae culpa aut quae sit Poenitentia secula post culpam ut quos omnipotens Dâ—us per compunctionis gratiam visitat illos Pastor s sententia absolvat Greg hom 26. in Evang. Priests must consider what
cases and sins as may be brought before him is a great Question The Canonists restrain and confine this secrecy to such sins onely as are detected in foro poenitentiali that is to such sins as have already past and for which signes of sorrow appear in the Penitent never extending the same to future sins for to cry Peccavi I have sinned may be the voice of a Penitent but Peccabo I will sin never now where there is a resolution to sin there with safety can lie no absolution Then if such sins are to be lock'd under secrecy which are confessed in ordine ad claves with relation to absolution and remission It will follow that peccata committenda sins purposed to be committed and in fieri to be done not in faâ—le done already although spoken of in confession are not so necessary to be concealed Panormitan puts the case A certain man confessed unto the Priest Quidam fuit confessus Sacerdoti quòd intendâ—bat interficere Sempronium vel aliud mâ—leficium committere quòd non poterat abstinere Nunquid Sacerdos peccet revelando Innocentius instat concludit quod hoc peccatum non dicitur derectum in poenitentia tum quia peccatum est committendum non commissum tum quia non habet contritionem Undè Sacâ—rdos debet quantùm cautiùs potest revelare ut peccatum impediatur tene hoc semper menti quod peccatum commissum non committendum dicitur detegi in Poenitentia Panorm supra 5. de poenit remiss c. Omnis utriusq n. 24. that he had a mind to kill Sempronius or to do some other mischief and that be could not hold his hand The Question is whether the Priest offendeth in revealing the same oâ— no Innocentius instanceth and at length concludeth that this sin cannot be said to be detected in a repentant way as well because the sin confessed remaineth to be committed and is not committed already as also because the sinner had no contrition wherefore the Priest ought as warily as he may to reveal the same that the sin may be prevented for keep this alwayes in mind that sin committed and not to be committed is commanded to be concealed in Penance And Frier Angelo when any one confesseth that he will do a mischief Quando quis confitetur se velle facere aliquod malum quia istud non est dictum in poenitentiali foro ut ideò propter rationem istius Sacramenti non tenetur celare sed quando vergeret in periculum communitatis vel alterius tum si nullo modo cessoret talis quin illud faciat credo sine praejudicio quòd non solùm potest immo tenetur revelare ei qui potest prodesse non obesse ut malo obvietur Sum. Angel v. Confe ult nu 7. because the same is not opened in the consistory of Repentance wherefore the Pâ—iest is not tied by virtue of that Sacrament to conceal the same but when it shall verge and incline to the prejudice and danger either of the whole Commonalty or of any man in particular then if the sinner cannot be taken off but that he will needs do it I am of opinion without prejudice to any that the Priest not onely may but is tied to reveal the same to such an one as will further and not hinder the prevention of further mischief This Canonist maketh the puâ—posed evil to be of two sorts 1. either when the damage may light upon the sinners own head alone 2. or which may redound to the prejudice and hurt of others the former the Priest may reveal if he please but the later he is bound to discover for the crossing and averting thereof And the first School-man our Countrey man Alexander of Hales thus A man may confess a sin not present Potest quis confiteri peccatum non tamen ut praesens sed potius ut est in proposito de futuro ut cum dicit se velle fornicari nolle desistere dico ergo quòd non tenetur celare simpliciter nec si Sacerdos talâ—m confessionem revelaret possâ—t condemnari tanquam violator sigilli confessionis tamen quia hoc speciâ—s esset mali infamia sequeretur propter hoc credo et si non tenetur de jure talem confessionem occultare debet tamen celare ratione publicae honestatis nisi inconveniens aliquod grave sequeretur tunc enim credo quòd non esset talis confessio penitùs tacenda nec tamen publicè revelanda propter periculum infamiae sec cautè secretò alicui qui possit vellet prodesse innotescenda Alex. Halens part 4. Qu. 28. nu 2. art 2. in Resp buâ— yet to come and in purpose as that he will commit foâ—nication and not forbear I say therefore that the Priest is not bound simply to conceal it nor may he for any such detection be justly cond mned as a violater of the seal of Confession Yet because it may seem to have an outward shew of evil and infamy may follow thereupon for that cause I am thus minded that although by law he is not tied to hide such a confession yet he should do well to conceal it for publick honesties sake except some grievous inconvenience may like to ensue upon the same then I believe that such a Confession ought not altogether to be silenced nor yet openly to be published for dread of infamy but cautelously and sâ—cretly to such an one that can make good use of the discovery wherein he would seem to be more circumspect and cautelous in the manner of the detection than those Canonists whereas the following School-men Scotus and Biel are so strict upon the matter that purposed sins and not committed come under the seal of secrecy also Non solùm peccata commissa sed etiam committenda in confessione detecta sunt tanquam secreta celanda Biel l. 4. d. 21. Qu. 1. Conclus 3. In nullo casu licet Sacerdoti revelare confessionem sive confitens poeniteat sive non sive confiteatur peccata jam opere perpetrata sive perpetranda sive sit peccatum in moribus sive in fide Biel sup resp ad dub 2. And again it is not lawful for a Priest in any case come what will come to reveal confession whether the party confessing be Penitent or not whether he confess sins already committed or which he hath a mind and resolution to commit whether it be a sin in faith or in behaviour And the Modern Divines in the Roman Church are no way moderate herein but so Stoicall and stiff for the seal as let the sin be what it will whether past or to come it skils not whether the welfare of Church or State depend thereon 't is not material Heaven and Earth shall pass away rather than the seal of Confession shall be opened A Ghostly Father saith a late Sorbonist Car estant en le place dâ— Dieu il n'a point