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
a Minister By the like reason exclude all married men from being Privy Counsellors to his Majesty or from being acquainted with any designes which require privacy Yea a Priest by the same reason must be without a friend as well as without a wife for more secrets are unfolded upon terms of friendship than upon ties of Marriage That condition of life and Christian liberty granted to our Clergy is not yet beheld without envy and contradiction Although the Apostle saith Clemens Alexandrinus admit of marriage to be used by Priests and Deacons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cl. Alex. Strom. l. 3. p 338. as by Lay-men without offence where that Father is at the pains in learnedly answering the objections of the old Heretick and new Papist against the same yet what vociferations are taken up and renewed in our dayes against Married Church-men as exhausting Ecclesiastical means upon their posterity and advancing their children to the fattest Benefices I know not how far affection may transport some of them that way but the same exception lies against the single Clergy also unless you suppose them all to be like Melchisedeck without Father Cùm Factor Rerum privavit semine Clerum Ad Sathanae votum successit turba Nepotum without Mother without Kindred and Ally as well as without Wife and Pedegree For amongst the unmarried Clergy do not mine eyes behold Nephews sitting on the right hand and Nieces on the left in the most fertile preferments of their Prelacy Such single Prelates as earnestly endeavouring the raising of the Collateral as the other do of the direct line But 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and turning my self towards the followers of Rome I say there is not less danger of publication by means of a Priests Lemman than a Priests Wife and am perswaded that as Greenwell did open the Powder-Treason unto Garnet under a formal confession so that Father could not conceal this secrecy from his dear daughter Mrs Anne Vaux opening that secret to his own destruction as a great Earl of Salisbury Statesman of the times charged upon him which he concealed for the safety of others The Letters betwixt him and his Mistress import no less than as if Mrs Anne had taken in writing the Confession of a Jesuit under seal For let any of his Proctors answer me Two onely knew of that secret Titius and his Mate the Penitent and the Ghostly Father The sinner viz. Greenwell was gone and fled and would not of all likelihood betray himself now who else could reveal what was confessed but Titius himself that is Father Garnet or Mrs Vaux who stept in and was intrusted with the same But of these matters enough I conclude this point that if the peril of deposition were in force the married Priest would be well advised how his Dalilah should come so near as to endanger the polling off the hair of his livelihood and sustenance CHAP. XII The Contents An Historical relation of the Canons and Constitutions of the Church of England concerning Confession and the Practice thereof by some of the chief Members in the same THus as God hath enabled me is my purpose brought well-nigh unto a Period and I begin to see the end of my journey Now forasmuch as Confession belongeth to the practick of Christianity is not so much a matter of faith as fact I held it not amiss to make a brief collection of such Provincial Constitutions and National Laws as have been heretofore established in this Church of England together with such observations and passages of story which mention the same to be practised by the Heroes and principal pillars of this kingdome which I shall faithfully relate and leave the censure to indifferent Readers * Anno 668. Theodorus Seculari Ecclesiasticâ Philosophiâ praeditus Graecè Latinè susficienter instructus probus moribus Chron. Florentii Wigorn 1. At Heortford c. 2. Putta at Rochâ—stâ—â— 3. At H thlege Ethâ—lward hist lib. 2. cap. 28. 4. Winifridâ— from Lichfield The first man that took any order herein is said to be Theodorus by birth a Greek born at Tarsus in Cilicia and by place Arch-Bishop of Canturbury advanced to that See An. Dom. 668. and sate in the same XXII years A man seen in the Greek and Latin tongues well versed in Secular and Ecclesiastical Philosophy and of good courage saith the Monk of Worcester exercising all the functions of an Arch-Prelate 1. in erecting of Diocesses 2. in consecration of Bishops 3. in convocation of Synods 4. and deposition of Prelates Primus omnium antistitum Cantuariae vigorem Pontificalem exâ—rcuit in tota Bâ—itannia Malmes de gest Pontisic lib. 1. pag. 112. Edit London The first in the rank of Arch-Bishops that bore the swing thoroughout all Britany saith Malmsburiensis which reaching to the North was of that force as to strike Cedda and Wilfride from their chairs whom forasmuch as we can conjecture Injustè quantum nostra hâ—bet conjectura ejecerat cujus statuta etsi perperà m acta enervare illa sedes non omnino voluit Malmesbur sup à . he unjustly put down saith he likewise and was so highly favoured at Rome as Wilfâ—ides appeal thither could not be heard The Pope resolving to repeal none of Arch Bishop Theodores acts how ill soever they were made So that it seems in those dayes kissing went by favour This stirring Prelate saith Beda Described in a marvellous discreet manner censures for offenders Theodorus Archiepiscopus pâ—ccantium judicia quantis scilicet annis pro unoqâ—oque pâ—ccato quis poenitere debeat mirabili discretâ ratione describit Bed in Chron. that is to say how many years they ought to repent for several sins which is not that Capitular which Ivo and Burchardus have set down in their decrees but another Penitential much different therefrom Sir Henâ—y Spelman that great ingrosser of Antiquity and faithful Champion of the Churches Patrimony hath published the heads of that desired Penitential the Original whereof is extant among the precious Archiva of the Lâ—brary of Bennet College in Cambridgâ— The Copy as unwilling to be prolix to himself or his Reader He purposely omitted the 10 11 and 14 chapters thereof promise by their titles to yield something of this subject to such students who have the desire and opportunity to survey that ancient Record Whereof as I am certified an ancient Copy is to be seen in Sir Robert Cottons Treasury and my occasions have not permitted me yet to gain a sight thereof otherwise in this place should have stood so much as had been requisite for this purpose Instead whereof let my Reader be informed that such Penances for years or moneths c. were not satisfaâ—tions to God for to appease his wrath and make him amends a piece of work which none could or hath performed but Christ alone but rather satisfactions unto the Church whereby the scandal was taken away and the sinner by strict
title rehearsed by Doctor Bridges in his defence of the Government c. Afterwards King Alured wearing the Diadem of this land amongst the Ecclesiastical laws by him ordained and ratified by his Son and successor King Edward and Guthrune the Dane Confederate with Edward in the government of England in the fifth chapter is thus ordained If any Malefactor guilty of death earnestly require the space and speech of confession or shrift Gif deaþe scyldig-man scrift spraece gyrne ne forÆ¿yrne Him man naefre Si quis rei capitalis domnatus sua ingenuè Sacerdoti peccata confiteri cupiverit id ei conceditur Ita vertit Guil. Lambard ARXAION fol. 53. Londini ex officina Joan Daii ann 1568. no man shall ever deny him This favour extended to persons condemned to die argues the use of Confession commonly received and the good construction thereof as redounding in their opinion to the comfort of such miserable offenders Many are the laws both Ecclesiastical and Civil enacted by King Edgar A Prince of pious Rex decenter instructus passim improbos op pressit rebelles redarguit justos modestos dilexit destructas Dei Ecclesias renovavit dilatâ—vit ad laudem Creatoris summi monasteria constitui jussit Erat itaque vir discretus mitis humilis benignus liberalis armipoteâ—s jura Regni bellicâ potestate regaliter protâ—gens populum in obsequio principum principes ad justitiam imperiorum formavit leges rectas instituit regno tranquillimo potitus est Florent Wigorn. Chron. p. 355 356. and prudent education who curb'd the oppressors subdued the Rebels loved the just and humble repaired the decayed Churches and amply endowed them erected Religious places and Convents to the land honour of the great Creator A person of huge discretion humility and bounty of much valour and skill in feats of arms Royally protecting the Laws of his Kingdom with his Militia his people framed in subjection unto his Nobles and his Noble-men to the subjection of his sovereign commands preserving his State in peace and his just Laws in power such praises doth the Monk of Worcester heap upon him Amongst his geHadodra or Ordinances are extant Canons towards the end whereof is an Appendix or Post-script containing the total charge of Confession and the mutual duties requisite in the Penitent and Priest who granteth audience who is there styled scrift gastla laece a Shriver and Ghostly Physician and manna sapla laece the physician of mens souls The form of confession to be observed by the penitent the specifique enumeration of sins the unfeigned sorrow at the rehearsal thereof and the voluntary submission to the penance injoyned are therein delineated Let the Repentant person address himself to his shrift right humbly and say first Ealle þa synna besmitene purdone daedbote I believe in the Lord the Father most high who weldeth all things c. And after a brief recital of his faith And cÆ¿eðe þonne mid reoÆ¿sigendum mode eadmolice His andaetnessa to His scrifte onbugende Confiteor Deo omnipotenti confessario meo spirituali medico omnia peccata quae malorum spirituum inquinamâ—nto unquam perpetravi sive in facto sive in coâ—itatione sive cum masculis sive cum foeminis aliáve creaturâ sive secundum naturam sive contra naturam let him in a rufully-sighing mood make his confession full devoutly to his Confesseur and bowing down his head say I confess unto Almighty God and to you my shriver and Ghostly Physician all the sins which through the defilements of wicked spirits I have at any timâ— committed other in deed other in thought other with male other with female other with any kind of Creature naturally or unnaturally thence falling into a particular commemoration of such sins by name as boyled upon his conscience needing comfort and absolution And through all that Penitential it is very remarkable saith that Venerable Antiquary that among the several penances there mentioned Non est autem temerarium quod hÃc in injungendis poenitentiis nullum usquam ad imagines imperatur confugium nulla ad Sanctos unquam provocatio ne ad Virginem ipsam Beatissimam nec probare videtur author precariam illam Magnatum poenitentiam Romanâ uti perhibent fultam diligentiâ Dn. H. Spelman Concil p. 476. and whereof there are store there is no sending of the penitent to any Saint no Pilgrimage injoyned to any Shrine no news of any Indulgence or Commutation for striking off penance by money that age was not yet guilty of such deceits or recent-Roman impostures This glorious King Edgar began his reign according to the Savilian Fasti A. D. 959. and finished his reign and life A. D. 974. Also these Canons and Penitential yet remain entire Habentur Canones isti poenitentiale idiotismo Saxonico vetustissimè scripta in celebri Bibliotheca Collegii Corporis Christi Cantabrig Dn. Spelman ubi suprà in an old Saxon Copy and Language within that famous Library of Bennet College in Cambridge Circ an 1009. In a Synod held at Aenham under King Ethelred the XX Chapter is for making of Confession and taking of Penance thus Let each Christian man as is suitable to his profession have diligent care of his Christian state Gyme His CHristen domes georne geÆ¿unige gelomlice to scrift un for Æ¿andodlice His sinna gecyðe geornlice bete sÆ¿a sÆ¿a Him man taece pag. 518. Christiana quique colloquia frequentia salubria cum Sacerdotibus crebrò exerceant suáque sibi peccata inverecundè depromant ac confiteantur confessáque juxta Sacerdotis institutionem poeniteant atque emendent D. H. Spelâ—an Conc. p. 528. and that he usually frequent shrift and confession often entertaining Christian and wholesome conference with the Priest and laying shame aside confess his faults and carefully practise such rules for amendment as the Priest prescribeth The acts of this Synod both in the Saxon as also in the old Latin tongue and both revised and published by that diligent and noble Collector In a Capitular extant in Saxon and Latin are contained many Ecclesiastical Constitutions amongst which is Confession directed unto God in the first place humbly imploring for mercy and to the Priests likewise which so far availeth us as by means of the saving counsel we receive from them Seo andetnes þe þe maesse pâ—â—â— stum doþ ura synna þis Hâ—o to Gode þ on fongnum framâ—â— HalÆ¿endum geþeathum §. 30. pâ—g 605. and the observation of regular penance our souls may be fortified against sin and our iniquities done away Likewise in Paragraph 31. Coâ—fessio quam Sacerdotibus facimus hoc nobis adminiculum adfert qui accepto ab eis salutari consilio saluberrimis poenitentiae observationibus sive minutiis Leg. munimentis peccatorum maculas diluimus de peccatis in confessione enumerandis each particular offences are to be opened in confession to the Ghostly Father whatsoever in