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witnesses in the business; for they give concurrent testimony, that as the church itself, so the dowry of it too, did belong to the bishop's disposition by the ancient canons. For so the third council of Toledo calls it, " antiquam constitutionem," and itself is almost 1100 years old; so that still I am precisely within the bounds of the primitive church, though it be taken in a narrow sense. For so it was determined in the great council of Chalcedon, commanding that the goods of the church should be dispensed by a clergysteward, κατὰ γνώμην τοῦ ἰδίου ἐπισκόπου, “ according to the pleasure or sentence of the bishop."

SECTION XXXIX.

Forbidding Presbyters to leave their own Diocese, or to travel, without Leave of the Bishop.

ADD to this, that without the bishop's dimissory letters, presbyters might not go to another diocese. So it is decreed in the fifteenth canon of the apostles, under pain of suspension or deposition;' μnnéti λETOURYE is the censure: and that especially, εἰ, προσκαλουμένου αὐτὸν τοὺ ἐπισκόπου αὐτοῦ, Éπaveλbeïν oùn ùπhouσev, "if he would not return, when his bishop calls him." The same is renewed in the council of Antioch, cap. 3, and in the council of Constantinople, in Trullo, cap. 17.; the censure there is, nabapstolw`nai avròs, "Let him be deposed, that shall, without dimissory letters from the bishop,” ἐν ἑτέρᾳ κατατάττεσθαι ἐκκλησίᾳ, “ fx himself in the diocese of another bishop;" but with license of his bishop he may: "Sacerdotes, vel alii clerici, concessione suorum episcoporum, possunt ad alias ecclesias transmigrare." But this is frequently renewed in many other synodal decrees; these may suffice for this instance.

But this not leaving the diocese, is not only meant of promotion in another church: but clergymen might not travel from city to city without the bishop's license; which is not only an argument of his regiment, in genere politico,'

c Can. 26. Vide Zonaram in hunc canonem. Videatur Concil. Carthag. Græc. can. 36, 38, et 41. et Balsam. ibid. et Apologia 2. Justini Martyris. * Vide Concil. Epaun. c. 5. et Venet. c. 10.

but extends it almost to a despotic; but so strict was the primitive church in preserving the strict tie of duty and clerical subordination to their bishop. The council of Laodicea commands a priest or clergyman, ἄνευ κανονικῶν γραμμάτων μὴ ὁδεύειν, “ not to travel without canonical or dimissory letters "." And who are to grant these letters is expressed in the next canon, which repeats the same prohibition, ötɩ où δεῖ ἱερατικὸν ἢ κληρικὸν ἄνευ κελεύσεως ἐπισκόπου ὁδεύειν, “ a priest or ที่ a clerk must not travel without the command of his bishop';" and this prohibition is inserted into the body of the law, 'De Consecrat. dist. 5. can. Non oportet,' which puts in the clause of "Neque etiam laicum;" but this was beyond the council. The same is in the council of Agathod. The council of Venice adds a censure, that those clerks should be like persons excommunicate in all those places, whither they went, without letters of license from their bishop. The same penalty is inflicted by the council of Epaunum, " Presbytero, vel diacono, sine antistitis sui epistolis ambulanti, communionem nullus impendat f." The first council of Touraine, in France, and the third council of Orleans, attest the selfsame power in the bishop, and duty in all his clergy.

SECTION XL.

And the Bishop had Power to prefer which of his Clerks he pleased.

BUT a coercitive authority makes not a complete jurisdiction, unless it be also remunerative; and "the princes of the nations are called svépyeta, benefactors;" for it is but half a tie to endear obedience, when the subject ouly fears "quod prodesse non poterit," " that which cannot profit." And, therefore, the primitive church, to make the episcopal jurisdiction up entire, gave power to the bishop to present the clerks of his diocese to the higher orders and nearer degrees of approximation to himself; and the clerks might not refuse

b Can. 41.

• Can. 5.

© Can. 42. f Can. 6.

d Can. 38.

to be so promoted. "Item placuit, ut quicunque clerici vel diaconi, pro necessitatibus ecclesiarum, non obtemperaverint episcopis suis, volentibus eos ad honorem ampliorem in sua ecclesia promovere, nec illic ministrent in gradu suo, unde recedere noluerunt." So it is decreed in the African code : "They that will not, by their bishop, be promoted to a greater honour in the church, must not enjoy what they have already"."

But it is a question of great consideration, and worth a strict inquiry, in whom the right and power of electing clerks was resident in the primitive church: for the right and the power did not always go together, and also several orders had several manners of election; presbyters and inferior clergy were chosen by the bishop alone; the bishop by a synod of bishops, or by their chapter; and lastly, because, of late, strong outcries are made upon several pretensions, amongst which the people make the biggest noise, though of all their title to election of clerks be most empty; therefore let us consider it upon all its grounds.

1. In the Acts of the Apostles, which are most certainly the best precedents for all acts of Holy Church, we find that "Paul and Barnabas ordained elders in every church," and

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they passed through Lystra, Iconium, Antioch, and Derbe," χειροτονήσαντες αὐτοῖς πρεσβυτέρους, “ appointing them elders.” St. Paul chose Timothy bishop of Ephesus, and he says of himself and Titus, "For this cause I sent thee to Crete," ἵνα καταστήσῃς κατὰ πόλιν πρεσβυτέρους, " that thou shouldest appoint presbyters or bishops" (be they which they will,) "in every city." The word naraσthons signifies that the whole action was his. For that he ordained them, no man questions; but he also appointed them, and that was, saith St. Paul, as syŃ σoi dieтažáμny, "as I commanded thee." It ὡς ἐγώ σοι διεταξάμην, was, therefore, an apostolical ordinance, that the bishop should appoint presbyters. Let there be half so much shown for the people, and I will also endeavour to promote their interest. There is only one pretence of a popular election in Scripture; it is of the seven that were set over the widows. But first, this was no part of the hierarchy: this was no cure of souls: this was no divine institution: it was in the

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dispensation of moneys: it was by command of the apostles the election was made, and they might recede from their own right it was to satisfy the multitude: it was to avoid scandal, which, in the dispensation of moneys, might easily arise it was in a temporary office: it was with such limitations and conditions as the apostles prescribed them: it was out of the number of the seventy that the election was made, if we may believe St. Epiphanius, so that they were presbyters before this choice and lastly, it was only a nomination of seven men; the determination of the business, and the authority of rejection, was still in the apostles, and indeed the whole power" whom we may appoint over this business:" and after all this, there can be no hurt done by the objection, especially since clearly and indubiously the election of bishops and presbyters was in the apostles' own persons: • πρτos ἐνεχείρισθη παρὰ τῶν ἀποστόλων τὴν ὑμετέραν προστασίαν, saith St. Ignatius of Evodias: "Evodias was first appointed to be your governor or bishop by the apostles ;" and themselves did commit it to others that were bishops, as in the instances before reckoned. Thus the case stood in Scripture.

2. In the practice of the church it went according to the same law and practice apostolical. The people did not, might not, choose the ministers of Holy Church. So the council of Laodicea : Περὶ τοῦ μὴ τοὺς ὄχλους ἐπιτρέπειν τὰς ἐκλογὰς ποιεῖσθαι τῶν μελλόντων καθίστασθαι εἰς ἱερατεῖον· "The people must not choose those, that are to be promoted to the priesthood." The prohibition extends to their non-election of all the superior clergy, bishops, and presbyters. But who then must elect them? The council of Nice determines that; for in the sixteenth and seventeenth canons, the council forbids any promotion of clerks to be made, but by the bishop of that church where they are first ordained: which clearly reserves to the bishop the power of retaining or promoting all his clergy.

3. All ordinations were made by bishops alone, as I have already proved. Now let this be confronted with the practice of primitive Christendom, that no presbyter might be ordained 'sine titulo,' without a particular charge, which was always custom, and at last grew to be a law in the council of Chal

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cedon: and we shall perceive that the ordainer was the only chooser; for then to ordain a presbyter was also to give him a charge; and the patronage of a church was not a lay inheritance, but part of the bishop's cure, for he had povrida τῶν ἐκκλησιῶν ἐν πόλει, καὶ χώρα, “ the care of the churches in all the diocese;" as I have already shown. And, therefore, when St. Jerome, according to the custom of Christendom, had specified some particular ordinations or election of presbyters by bishops, as how himself was made priest by Paulinus, and Paulinus by Epiphanius of Cyprus, "Gaudeat episcopus judicio suo, cùm tales Christo elegerit sacerdotes:" "Let the bishop rejoice in his own act, having chosen such worthy priests for the service of Christ.”

Thus St. Ambrose gives intimation, that the dispensing all the offices in the clergy was solely in the bishop: "Hæc spectet sacerdos, et quod cuique congruat, id officii deputet:" "Let the bishop observe these rules, and appoint every one his office, as is best answerable to his condition and capacityf." And Theodoret reports of Leontius, the bishop of Antioch, how, being an Arian, " Adversarios recti dogmatis suscipiens, licet turpem habentes vitam, ad presbyteratûs tamen ordinem et diaconatûs evexit. Eos autem qui universis virtutibus ornabantur et apostolica dogmata defendebant, absque honore deseruit." 'He advanced his own faction, but would not promote any man that was catholic and pious.' So he did. The power, therefore, of clerical promotion was in his own hands. This thing is evident and notorious; and there is scarce any example in antiquity of either presbyters or people choosing any priest, but only in the case of St. Austin, whom the people's haste snatched, and carried him to their bishop, Valerius, entreating him to ordain him priest. This, indeed, is true, that the testimony of the people, for the life of them that were to be ordained, was by St. Cyprian ordinarily required:" In ordinandis clericis, fratres carissimi, solemus vos ante consulere, et mores ac merita singulorum communi consilio ponderare." 'It was his custom to advise with his people concerning the public fame of clerks to be ordained;' it was usual, I say,

e Epist. 61. et 62. Hieron. ad Nepotian.

Tripart. Hist. lib. v. c. 32.

Lib. i. Offic. c. 44.

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