looked on Tithes in general as due to the Church as appears by very many of their Ancient Charters but they thought they did very well when they appropriated them to Monasteries of their own Erection or others as they thought fit But this Humour took so much among the Norman Nobility and served so many Purposes of Honour and Devotion as they thought besides Reason of State that the parochial Clergy were reduced to so poor a Condition that Alexander IV. complained of it as the Bane of Religion and Destruction of the Church and as a Poison which had spread over the whole Nation And it must be very scandalous indeed when the Pope complained of it For the Monks that were able generally got their Appropriations confirmed in the Court of Rome 2. There was a Competency to be settled on the parochial Clergy by the Bishops Consent which was required in order to the confirming an Appropriation as may be seen in Multitudes of them in the Monasticon besides those which are preserved in the Churches Registers Sometimes the Endowment is expressed and at other times it is reserved in the Bishop's power to do it as he sees Cause But the Bishops were either so remiss in those Times or the Monks so powerful at Rome that the poor Vicars fared so hardly that in the time of H. 2. Alexander III. sent a Reprimand to the Bishops for favouring the Monks too much and the Clergy too little and therefore requires the Bishops to take care that the Vicar had a competent Subsistence so as to be able to bear the Burden of his Place and to keep Hospitality This was directed to the Bishop of Worcester for it seems so long since the poor Vicars here were hardly provided for And yet I have seen several Forms of Appropriations made by the Bishops here after the Conquest wherein there is a twofold Salvo one for the Bishop's Right and another for a sufficient Maintenance for the Curate although the Church were appropriated ad communem usum Monachorum as of Wolstan Roger and of William in the time of Hen. II. when Alexander III. lived and of Walter de Grey Sylvester c. But it seems where a competent Subsistence had been decreed the Monks took the first Opportunity to lessen it which occasioned another Decretal in the Canon Law wherein any such thing is forbidden without the Bishop's Consent In other Places they pleaded Custom for it thence came another Decree of the Lateran Council to void all such Customs by whomsoever introduced where there was not a competent Subsistence for him that served the Cure The Monks were still refractary in this matter and because the Bishops had Power to refuse any person presented by the Monks unless they did consent to such a reasonable Allowance as the Bishop thought fit therefore they grew sullen and would not present in which Case another Decretal was made to give the Bishop Power to present And after all Clement V. De Iure Patron c. 1. reinforced the former Decretals and injoyned the Diocesans in the strictest manner not to admit any person presented to a Cure where the Church was appropriated unless sufficient Allowance were made by the Bishop's Consent and Approbation and all Custom and Privileges to the contrary are declared to be void But how far doth this hold among us now since the Appropriations are become Lay-Fees and the Bishop's Power is not mentioned in the Statute of Dissolution To this I shall give a clear Answer but I doubt not satisfactory to all Parties concerned For as Necessity and Power so some Mens Interest and Reason live very near one another 1. The Statute of Dissolution leaves all matters of Right as to persons interested just as they were before For by the Surrender the King was to have the Monasteries and Tithes in as large and ample a manner as the Abbots then had them in Right of their Houses and in the same State and Condition as they then were or of Right ought to have been And so res transit cum suo onere But this is not all For there is an Express Salvo for all Rights Claims Interests c. of all Persons and Bodies Politick So that if by the Law of England there was such an Antecedent Right in the Vicar to his Allowance and in the Bishop to assign it it is not taken away by this Statute nor any other 2. By the Law of England the Bishop had a Right to provide a competent Maintenance for supplying the Cure upon an Appropriation We are told by an unquestionable Authority in point of Law that 9 Car. 1. this Point was brought before the Kings Bench in the Case of Thornburgh and Hitchcot The Vicar complained that the Church was appropriated and that he wanted a competent Maintenance a Prohibition was prayed but denied upon this Reason That the Vicar had Reason for his Suit and that the Ordinary might compel the Impropriator to make it greater because in all Appropriations that Power was reserved to the Ordinary And so in the Year-Books it is allowed That the Ordinary may increase or diminish the Vicar's Portion 40 E. 3. Cas. 15. f. 28. By our Provincial Constitutions the Bishop is to take care that the Vicar have a competent Allowance which at that time was set at Five Marks but Lyndwood observes that as the Price of things rose so the Allowance was increased and in Stipendiaries it was then advanced to Eight or Ten Marks which according to Sir H. Spelman's Computation comes to above Sixty Pounds per Annum But some have told us That by some old Statutes even beneficed Persons were not by Law to have above Six Marks per Annum for this was the Sum allowed to Parish Priests which is so gross a Mistake in any that pretend to Law or Antiquity that it is to be wondred how they could fall into it The Truth of the Case was this the parochial Chaplains or Priests were complained of 36 E. 3. n. 23. that they could not be gotten to attend after the Plague but at excessive Rates upon this a Provincial Constitution was made extant in the Parliament Rolls wherein they are obliged to demand no more than Six Marks But who were these Parish-Priests Not such as had the legal Endowments but those who depended on the Good-Will of the Parson or People and were hired to officiate in Chapels of Ease or to perform Offices for the Dead which were so frequent at that time And these were called Annual Chaplains or Masse Chaplains and were distinguished from Domestick Chaplains who officiated in great Mens Houses in their private Oratories and from Beneficed Persons as appears by many Constitutions But whatever was understood by the Act of Parliament then it was repealed 21 Iac. 1. 28. 3. The Law of England as to a competent Subsistence for the Vicars or
their Consciences fly in their Faces and they condemn themselves for their evil Actions And then these very Instances are an Argument against Infidelity for we may justly presume that they would shake off their Fears of another World if they could But why should some Instances of this Nature signifie more against Religion than the many Remarkable Examples of a Godly Righteous and Sober Life among the Clergy to a stronger Confirmation of it For they have had greater Occasion of searching into all the Considerable Difficulties about Religion than others can pretend to and I do not know any that have imployed most Time and Pains about it but have had greater Satisfaction as to the Truth and Excellency of it Thus I have endeavoured to remove the most common Prejudices of our Times against our Profession It would now be proper for me to give some particular Directions to you but that is so much the business of the following Discourses that I shall refer you to them and commend you to the Grace and Blessing of Almighty God that you may so carefully discharge your Duties in this World that it may advance your Happiness in another I am Your Affectionate Friend and Brother EDW. WIGORN Hartlebury C. Apr. 23. 1698. ERRATA PReface pag. viii lin 7. read Birinus p. xii l. 7. r. Kington P. 26. l. 21. after fraudes add p. 126. l. 11. r. Birinus p. 129. l. 9. r. Wulstan p. 142. l. 7. r. Flocks they go to p. 157. l. 17. after but insert to perswade you p. 226. l. 5. for more r. meer p. 236. l. 9. for Titles r. Tithes p. 241. l. 9. r. Aâ—bâ—rdus p. 254. l. 17. r. Guthrun p. 256. l. 17. for than r. as THE CONTENTS CASE I. THE Bishop of Worcester's Charge to the Clergy of his Diocess in his Primary Visitation c. p. 1. II. Of the Nature of the Trust committed to the Parochial Clergy c. p. 103. III. Of the particular Duties of the Parochial Clergy c. p. 175. IV. Of the Maintenance of the Parochial Clergy by Law p. 229. V. Of the Obligation to observe the Ecclesiastical Canons and Constitutions c. p. 325. To which is annexed a Discourse concerning Bonds of Resignation c. A Catalogue of Books published by the Right Reverend Father in God Edward Lord Bishop of Worcester and sold by Henry Mortlock at the Phoenix in St. Paul's Church-Yard A Rational Account of the Grounds of the Protestant Religion being a Vindication of the Lord Archbishop of Canterbury's Relation of a Conference c. from the pretended Answer of T. C. The second Edition Folio Origines Britannicae or the Antiquities of the British Churches with a Preface concerning some pretended Antiquities relating to Britain in Vindication of the Bishop of St. Asaph Folio Irenicum A Weapon-Salve for the Churches Wounds Quarto Origines Sacrae or a Rational Account of the Grounds of Christian Faith as to the Truth and Divine Authority of the Scriptures and the Matters therein contained The Fifth Edition corrected and amended Quarto The Unreasonableness of Separation or an impartial Account of the History Nature and Pleas of the present Separation from the Communion of the Church of England Quarto A Discourse concerning the Idolatry practised in the Church of Rome and the hazard of Salvation in the Communion of it in Answer to some Papers of a revolted Protestant wherein a particular Account is given of the Fanaticism and Divisions of that Church Octavo An Answer to several late Treatises occasioned by a Book entitled A Discourse concerning the Idolatry practised of the Church of Rome and the hazard of Salvation in the Communion of it Part I. Octavo A Second Discourse in Vindication of the Protestant Grounds of Faith against the Pretence of Infallibility in the Church of Rome in answer to the Guide in Controversie by R. H. Protestancy without Principles and Reason and Religion or the certain Rule of Faith by E. W. With a particular Enquiry into the Miracles of the Roman Church Octavo An Answer to Mr. Cressy's Epistle Apologetical to a Person of Honour touching his Vindication of Dr. Stillingfleet Octavo A Defence of the Discourse concerning the Idolatry practised in the Church of Rome in Answer to a Book entitled Catholicks no Idolaters Octavo Several Conferences between a Romish Priest a Fanatick Chaplain and a Divine of the Church of England being a full Answer to the late Dialogues of T. G. Octavo The Council of Trent Examin'd and Disprov'd by Catholick Tradition in the main Points in Controversie between Us and the Church of Rome with a particular Account of the Times and Occasions of Introducing them A Discourse concerning the Doctrine of Christ's Satisfaction or the true Reasons of his Sufferings with an Answer to the Socinian Objections and a Preface concerning the true State of the Controversie about Christ's Satisfaction Octavo Second Edition A Discourse in Vindication of the Doctrine of the Trinity with an Answer to the late Socinian Objections against it from Scripture Antiquity and Reason And a Preface concerning the different Explication of the Trinity and the Tendency of the present Socinian Controversie Octavo Second Edition The Bishop of Worcester's Answer to Mr. Locke's Letter concerning some Passages relating to his Essay of Humane Understanding mention'd in the late Discourse in Vindication of the Trinity Octavo The Bishop of Worcester's Answer to Mr. Locke's Second Letter wherein his Notion of Idea's is proved to be inconsistent with it self and with the Articles of the Christian Faith Octavo Sermons preached upon several Occasions in three Volumes in Octavo The Effigies of the Right Reverend Father in God Edward Lord Bishop of Worcester Engraven on a Copper-Plate Price 6 d. THE BISHOP OF WORCESTER'S CHARGE TO THE CLERGY of his DIOCESE In his Primary Visitation begun at Worcester September 11 th 1690. My Brethren THIS being my Primary Visitation I thought it fitting to acquaint my self with the Ancient as well as Modern Practice of Episcopal Visitations and as near as I could to observe the Rules prescribed therein with respect to the Clergy who are now summoned to appear And I find there were two principal Parts in them a Charge and an Enquiry The Charge was given by the Bishop himself and was called Admonitio Episcopi or Allocutio wherein he informed them of their Duty and exhorted them to perform it The Enquiry was made according to certain Articles drawn out of the Canons which were generally the same according to which the Iuratores Synodi as the ancient Canonists call them or Testes Synodales were to give in their Answers upon Oath which was therefore called Iuramentum Synodale for the Bishop's Visitation was accounted an Episcopal Synod The former of these is my present business and I shall take leave to speak my Mind freely to you this first time concerning several things which I think most useful and fit to be
Education of Children must lie upon Parents but yet Ministers ought not only to put them in mind of their Duty but to assist them all they can and by publick Catechizing frequently to instruct both those who have not learned and those who are ashamed to learn any other way And you must use the best means you can to bring them into an Esteem of it which is by letting them see that you do it not meerly because you are required to do it but because it is a thing so useful and beneficial to them and to their Children There is a great deal of difference between Peoples being able to talk over a Set of Phrases about Religious Matters and understanding the true Grounds of Religion which are easiest learned and understood and remembred in the short Catechetical Way But I am truly sorry to hear that where the Clergy are willing to take pains this way the People are unwilling to send their Children They would not be unwilling to hear them instructed as early as might be in the way to get an Estate but would be very thankful to those who would do them such a kindness and therefore it is really a Contempt of God and Religion and another World which makes them so backward to have their Children taught the Way to it And methinks those who have any Zeal for the Reformation should love and pursue that which came into Request with it Indeed the Church of Rome it self hath been made so sensible of the Necessity of it that even the Council of Trent doth not only require Catechizing Children but the Bishops to proceed with Ecclesiastical Censures against those who neglect it But in the old Provincial Constitutions I can find but one Injunction about Catechizing and that is when the Priest doubts whether the Children were Baptized or not and if they be born eight days before Easter and Whitsontide they are not to be Baptized till those days and in the mean time they are to receive Catechism What is this receiving Catechism by Children before they are eight days old It is well Exorcism is joyned with it and so we are to understand by it the Interrogatories in Baptism and Lyndwood saith the Catechism is not only required for Instruction in Faith but propter sponsionem when the Godfather answers De Fidei Observantiâ It is true the Canon Law requires in adult Persons Catechizing before Baptism but I find nothing of the catechizing Children after it and no wonder since Lyndwood saith the Laity are bound to no more than to believe as the Church believes nor the Clergy neither unless they can bear the Charges of studying and have Masters to instruct them This was good Doctrine when the Design was to keep People in Ignorance For Learning is an irreconcilable Enemy to the Fundamental Policy of the Roman Church and it was that which brought in the Reformation since which a just Care hath still been required for the Instruction of Youth and the Fifty ninth Canon of our Church is very strict in it which I desire you often to consider with the first Rubrick after the Catechism and to act accordingly IV. After Catechizing I recommend to you the due Care of bringing the Children of your Parishes to Confirmation Which would be of excellent use in the Church if the several Ministers would take that pains about it which they ought to do Remember that you are required to bring or send in Writing with your Names subscribed the Names of all such Persons in your Parish as you shall think fit to be presented to the Bishop to be confirmed If you take no care about it and suffer them to come unprepared for so great so solemn a thing as renewing the Promise and Vow made in Baptism can you think your selves free from any Guilt in it In the Church of Rome indeed great care was taken to hasten Confirmation of Children all they could Post Baptismum quam citius poterint as it is in our Constitution Provincial in another Synodical the Parochial Priests are charged to tell their Parishioners that they ought to get their Children confirmed as soon as they can In a Synod at Worcester under Walter de Cantilupo in the time of Henry III. the Sacrament of Confirmation is declared necessary for Strength against the Power of Darkness and therefore it was called Sacramentum pugnantium and no wonder then that the Parochial Priests should be called upon so earnestly to bring the Children to Confirmation and the Parents were to be forbidden to enter into the Church if they neglected it for a Year after the Birth of the Child if they had opportunity The Synod of Exeter allowed two Years and then if they were not Confirmed the Parents were to Fast every Friday with Bread and Water till it were done And to the same purpose the Synod of Winchester in the time of Edw. I. in the Constitutions of Richard Bishop of Sarum two Years were allowed but that time was afterwards thought too long and then the Priest as well as the Parents was to be suspended from Entrance into the Church But what preparation was required None that I can find But great care is taken about the Fillets to bind their Heads to receive the Unction and the taking them off at the Font and burning them lest they should be used for Witchcraft as Lyndwood informs us But we have no such Customs nor any of the Reformed Churches We depend not upon the Opus operatum but suppose a due and serious preparation of Mind necessary and a solemn Performance of it I hope by God's Assistance to be able in time to bring the Performance of this Office into a better Method in the mean time I shall not fail doing my Duty have you a care you do not fail in yours V. As to the Publick Offices of the Church I do not only recommend to you a due Care of the Diligent but of the Devout Performance of them I have often wondred how a fixed and stated Liturgy for general Use should become a matter of Scruple and Dispute among any in a Christian Church unless there be something in Christianity which makes it unlawful to pray together for things which we all understand beforehand to be the Subject of our Prayers If our common Necessities and Duties are the same if we have the same Blessings to pray and to thank God for in our solemn Devotions why should any think it unlawful or unfitting to use the same Expressions Is God pleased with the change of our Words and Phrases Can we imagine the Holy Spirit is given to dictate new Expressions in Prayers Then they must pray by immediate Inspiration which I think they will not pretend to lest all the Mistakes and Incongruities of such Prayers be imputed to the Holy Ghost but if not then they are left to their own Conceptions and the
Lord of hosts Mal. 2. 7. If this held in the Levitical Priesthood much more certainly under the Gospel where the Rates and Measures of our Duties are not to be determined by Levitical Precepts but by the general Reason and Nature of Moral Actions VIII Among the Duties of Publick Worship I must put you in mind of a Frequent Celebration of the Lord's Supper There is generally too great a Neglect of this which is the most proper part of Evangelical Worship The Duties of Prayers and Praises are excellent and becoming Duties as we are Creatures with respect to our Maker and Preserver The Duty of hearing the Word of God read and explained is consequent upon our owning it to be the Rule of our Faith and Manners and all who desire to understand and practise their Duty can never despise or neglect it But that solemn Act of Worship wherein we do most shew our selves Christians is the celebrating the Holy Eucharist For therein we own and declare the infinite Love of God in sending his Son into the World to die for Sinners in order to their Salvation and that this is not only a true Saying but worthy of all Men to be credited Therein we lift up our Hearts and give Thanks to our Lord God we joyn with Angels and Archangels in lauding and magnifying his glorious Name Therein we not only commemorate the Death and Sufferings of our Lord but are made Partakers of his Body and Blood after a Real but Sacramental Manner Therein we offer up our selves to God to be a Reasonable Holy and Lively Sacrifice unto him Therein we Adore and Glorifie the ever Blessed Trinity and humbly implore the Grace and Assistance of our ever Blessed Mediator And what now is there in all this which is not very agreeable to the Faith Hope and Charity of Christians Nay what Duty is there which so much expresses all these together as this doth Nor whereby we may more reasonably expect greater Supplies of Divine Grace to be bestowed upon us What then makes so many to be so backward in this Duty which profess a Zeal and Forwardness in many others If we had that Warmth and Fervor of Devotion that Love to Christ and to each other which the primitive Christians had we should make it as constant a part of our publick Worship as they did but this is not to be expected Neither did it always continue in the Primitive Church when Liberty and Ease and worldly Temptations made Persons grow more remiss and careless in the solemn Duties of their Religion S. Chrysostom takes notice in his time of the different Behaviour of Persons with respect to the holy â—â—charist There were some who pretended to greater Holiness and Austerity of Life than others who withdrew from the common Conversation of Mankind and so by degrees from joining in the Acts of publick Worship with them Which did unspeakable Mischief to Christianity for then the Perfection of the Christian Life was not supposed to consist in the Active Part of it but in Retirement and Contemplation As tho' our highest Imitation of Christ lay in following him into the Wilderness to be tempted of the Devil and not in walking as he walked who frequented the Synagogues and went about doing good But this way of Retirement happening to be admired by some great Men the Publick Worship came to be in less esteem and others upon Reasons of a different Nature withdrew themselves from such Acts of Devotion as required a stricter Attendance and a more prepared Temper of Mind And there were some who did abstain because they were not so well satisfied with themselves as to their own Preparations and such as these S. Chrysostom seems to favour rather than such who came often without due care as to the whole Course of their Lives only out of custom or out of regard to the Orders of the Church From hence many thought it better to forbear as long as they did it not out of Contempt And so by degrees the People were content to look on it as a Sacrifice for them to be performed by others rather than as an Office wherein they were to bear a part themselves at least they thought once or thrice a Year sufficient for them And to this as appears by our old Provincial Constitutions they were forced by severe Canons When the Reformation began this Disuse of this holy Sacrament was looked on by the chief Reformers as a great Abuse and Corruption crept into the Church which ought by all means to be reformed and the frequent Celebration of it set up in the Reformed Churches But unreasonable Scruples in some and Misapprehensions in others and a general Coldness and Indifference as to Matters of Religion have hitherto hindered the Reviving this Primitive Part of Devotion among us I do not go about to determine the Frequency in your Parishes which the Scripture doth not as to the Christian Church but supposes it to be often done but I may require you to take care that Christ's Institution be observed among you and that with your utmost care both as to the Decency and Purity of it The last thing I recommend to you all is To have a great care of your Conversations I do not speak it out of a distrust of you I hope you do it already and your Case will be so much worse if you do it not because you very well know how much you ought to do it For the Honour of God and Religion and the Success of your Ministry as well as your own Salvation depend very much upon it Lead your Flock by your Example as well as by your Doctrine and then you may much better hope that they will follow you for the People are naturally Spies upon their Ministers and if they observe them to mind nothing but the World all the Week they will not believe them in earnest when on the Lords Days they perswade them against it And it takes off the Weight of all Reproof of other Mens Faults if those they reprove have reason to believe them guilty of the same I do not think it enough for a Preacher of Righteousness merely to avoid open and scandalous Sins but he ought to be a great Example to others in the most excellent Virtues which adorn our Profession not only in Temperance and Chastity in Iustice and ordinary Charity but in a readiness to do good to all in forgiving Injuries in loving Enemies in evenness of Temper in Humility and Meekness and Patience and Submission to God's Will and in frequent Retirements from the World not meerly for Study but for Devotion If by these and such things you shine as Lights among your People they will be more ready to follow your Conduct and in probability you will not only stop their Mouths but gain their Hearts For among all the Ways of advancing the Credit and Interest of the Church of England one of the most succesful
Knowledge and Admonition of their Duty For Contempt is Nolle subjici cui oportet subjici and a lesser Fault commited with it is a greater Sin than a greater Fault in it self committed without it i.e. by meer carelesness and inadvertency But where there is an open and customary Neglect there is a Presumption of Contempt unless some great and evident Reason be produced for it I do not say the bare Neglect doth imply Contempt in it self but where there is admonition and a continuance after it there is a down-right and positive Contempt But where the Disuse is general not out of Contempt but upon other Reasons and there is no Admonition by Superiours but a tacit Connivence there is a Presumtion of a Consent towards the laying aside the strict Obligation of the Canons relating to it 2. It must be reasonable i.e. on such Grounds as may abate the Force of the Obligation For there is a Difference between a Custom obtaining the Force of a Law and a Custom abating the Force of a Canon In the former case the Custom must be grounded on more evident Reason than is necessary for the latter Wherein the Casuists allow a Permission of Superiours joyned with reasonable Circumstances to be sufficient But how can acts of Disobedience make a reasonable Custom Cajetan saith They are to blame who began it but not those who follow it when the Custom is general And Suarez saith It is the common Opinion The Canonists say If a Custom be against a Rule the Reason must be plain if only besides the Rule and be not repugnant to the End and Design the Reasonableness when it becomes general is presumed But if the Superiours take notice of it and condemn it it loses the Force of Custom unless a new Reason or higher authority appear for it 3. But what is to be said for Customs taken up without Rules or Canons of what Force are they in Point of Conscience 1. It is certain that no late Customs brought in by such as have no Authority to oblige can bind others to follow them For this were to lay open a Gap to the introducing foolish and superstitious Customs into the Church which would make Distinctions without cause and make way for Differences and Animosities which all wise and good Men will avoid as much as may be It is a Rule among the Casuists That voluntary Customs although introduced with a good Mind can never oblige others to observe them And Suarez yields that a bare frequent Repetition of Acts cannot bind others although it hath been of long continuance 2. If the Customs be such as are derived from the primitive times and continue in practice there is no Reason to oppose but rather to comply with them or if they tend to promote a Delight in God's Service As for instance 1. Worshipping towards the East was a very ancient Custom in the Christian Church I grant that very insufficient Reasons are given for it which Origen would not have Men to be too busie in inquiring into but to be content that it was a generally received Practice even in his time and so doth Clemens Alexandrinus before him who thinks it relates to Christ as the Sun of Righteousness Tertullian and S. Basil own the Custom and give no Reason But of all Customs that of Contention and Singularity where there is no plain Reason against them doth the least become the Church of God 2. The Use of Organical Musick in the Publick Service If it tends to compose and settle and raise the Spirits of Men in the Acts of Worship I see no Reason can be brought against it If it be said to be only a natural Delight that Reason will hold against David who appointed it by God's own Commandment They who call it Levitical Service can never prove it to be any of the Typical Ceremonies unless they can shew what was represented by it I come now to the Measure of the Obligation of the Canons in Force And therein a great Regard is to be had to the Intention of that Authority which enjoyns them and that is to be gathered from three Things 1. The Matter 2. The Words and Sense of the Church 3. The Penalty 1. As to the Matter If it be in it self weighty and tends to promote that which is good and pious and for the Honour of God and Service of Religion it cannot be denied but these Canons do oblige in Conscience Bellarmin distinguishes between Laws of the Church which he saith are very few and pious Admonitions and good Orders which are not intended to oblige Men to sin but only in case of Contempt and Scandal And as to the Feasts and Fasts of the Church which belong to the Laws he saith They have mitissimam Obligationem so any one would think who considers how many are exempted and for what Reasons Gerson saith That no human Constitutions bind as to moral Sin unless it be founded on the Law of God as he confesses the Church's Authority is as to circumstances and then he thinks it obliges in Conscience The Substance of his Opinion which hath been much disputed and controverted by Modern Casuists lies in these things 1. That where Ecclesiastical Constitutions do inforce any part of the Law of God although it be not expresly contained therein they do immediately bind the Consciences of Men. 2. That where they tend to the good of the Church and the Preservation of Decency and Order they do so far oblige that the contempt of Authority therein is a Sin against the Law of God 3. That where the Injunctions of Authority are for no other End but to be obeyed he doth not think that there is any strict Obligation in point of Conscience And so far Cajetan agrees with him And although the other Casuists seem to be very angry with him yet when they require a publick Good and the Order of the Church to be the Reason of Ecclesiastical Laws they do in effect agree with him Now as to the Matter of our Canons which respect the Clergy there are two especially which bind them strictly 1. The Canon about Sobriety of Conversation Can. 75. Yes some may say as far as the Law of God obliges i.e. to Temperance and Sobriety but the Canon forbids resorting to Taverns or Alebouses or playing at Dice Cards or Tables doth this Canon oblige in Conscience in this manner If it were a new thing that were forbidden there were some Plea against the Severity of it but frequenting Publick Houses is forbidden by the Apostolical Canons which are of great Antiquity by the Council of Laodicea and in Trullo and many others since And by the Apostolical Canons any Presbyter playing at Dice and continuing so to do after Admonition is to be deprived The Illiberitan Council makes it Excommunication to play at Dice Not meerly for the Images