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stantinople, Ephesus, and Chalcedon, were not adopted by the western churches. In the code of canons of the universal church, approved by the oecumenical synod of Chalcedon, are many regulations which were not practised in the west. More recently we have seen several of the Roman churches not accepting the discipline of the synod of Trent, which they acknowledge to be an oecumenical synod. Therefore it is clear, that the regulations of oecumenical synods concerning variable rites and discipline, are not binding on national churches except by their own approbation and adoption of them.

IV. It is very true that the power of making regulations concerning rites and discipline may be injudiciously exercised. God does not always vouchsafe, even to men of good intentions, the gifts of wisdom and moderation, and an insight into the practical consequences of things; and thus He did not interfere to prevent the introduction of several rites into His church, which, though arising in some instances from a spirit of devotion and humility, yet were found by experience to be prejudicial to piety, and as such were removed by the authority of our catholic churches. It is also true that this power may be too largely exercised and that the multiplication of rites, in themselves harmless, may become so great, that the church may be obliged to prune away their redundancy. This also was done by our churches in the sixteenth century, as the preface to the Prayer-book teaches us': for we should be greatly mistaken, if we supposed that the church of England meant to censure or condemn as superstitious, all the rites which she dispensed with at

i "Some are put away because the great excess and multitude of them hath so increased

in these latter days, that the burden of them was intolerable; whereof St. Augustine in his

that time.

Vague and general charges of this kind

would be equally inconsistent with Christian charity, and with the truth.

CHAPTER XVI.

ON THE EXERCISE AND SANCTIONS OF ECCLESIASTICAL

DISCIPLINE.

IN examining the general principles of practical discipline in the church, or the mode in which transgressions against faith and morality are to be treated, I shall first consider the tribunals in particular churches for the judgment of offences; secondly, the censures which they are empowered to inflict; thirdly, restoration by penitence and absolution; and fourthly, the censure of churches by other churches.

SECTION I.

ON ECCLESIASTICAL TRIBUNALS.

The offences of Christians against the divine laws of brotherly love, holiness, and faith, were by our Lord and his apostles placed under the cognizance of their particular churches in the first instance; as we may easily gather from the following texts. "If thy brother shall trespass against thee, go and tell him his fault, &c. And if he shall neglect to hear thee, tell it unto the church; but if he neglect to hear the church, let him be unto thee as an heathen man and a

time complained, that they were grown to such a number, that the estate of Christian people was in worse case concerning that matter than the Jews. And he

counselled that such yoke and burden should be taken away, as time would serve quietly to do it."

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publican "." "Do not ye judge them that are within? But them that are without God judgeth. Therefore put away from among yourselves that wicked person. "Brethren, if a man be overtaken in a fault, ye that are spiritual restore such an one in the spirit of meekness c." "Of some have compassion, making a difference and others save with fear, pulling them out of the fire; hating even the garment spotted by the flesh d." These precepts were addressed to the church in common, consisting of both pastors and people. And accordingly we find from Tertullian and Cyprian, that the judgments of causes in the church were attributed not only to the clergy, but to the brethren also.

The error of the Independents in this point consists in their vesting the whole authority in the laity, and in insisting on the necessity of their judging personally in every case. The scripture lays down no such rule on the contrary we find that the apostle sanctioned the appointment of one individual to judge in a church. "If then ye have judgments of things pertaining to this life, set them to judge who are least. esteemed in the church. I speak to your shame. Is it so that there is not a wise man among you? No not one that shall be able to judge between his brethren." Thus churches were empowered to delegate their power of judging to individuals: and on whom could this power more properly and reasonably devolve, than on those pastors who were made overseers of the church of Christ by the Holy Ghost: whom the faithful were bound to obey in all spiritual matters; and who were invested with peculiar powers above all the rest of the brethren.

b

Matt. xviii. 15-17.

1 Cor. v. 12, 13.

Gal. vi. 1.

d Jude 22, 23.

e See Du Pin, De Antiqua Eccl. Discipl. Dissert. iii. c. 1. f 1 Cor. vi. 4, 5.

Since the ministers of Christ, and stewards of the mysteries of God, were commissioned to teach, and to be an example of all believers, it is plain that they were, by the very nature of their office, given the chief and leading part in all judgments concerning religion. But it seems that their power went further than this; and that they were invested with the inherent right of judging and censuring, independently of the people, when they judged it necessary. Thus our blessed Saviour, not only said to the church, consisting of his ministers and people, "whatsoever ye shall bind on earth shall be bound in heaven ":" but he said to the apostles only, and through them to their successors in the sacred ministry, "whosesoever sins ye remit they are remitted, and whosesoever sins ye retain they are retained "." Hence St. Paul alone "delivered Hymenæus and Alexander to Satan, that they might learn not to blaspheme:" and to Timothy he said, "A man that is a heretic, after the first and second admonition, reject." It was probably by observing these circumstances, that Christians were induced universally to devolve the judgment of all causes on their chief pastors, the bishops of the catholic church, who, however, usually judged with the advice of their clergy', and at length deputed a portion of their power to their vicars, chancellors, and archdeacons.

The cognizance of the causes of the clergy was specially reserved to the ministers of Jesus Christ, by St. Paul, who writes to Timothy: "Against a presbyter receive not an accusation, but before two or three witnesses "," thus constituting him the judge of the pres

Matt. xviii. 18.

h John xx. 23.
1 Tim. i. 20.

* Tit. iii. 10.

Du Pin, De Antiq. Eccl. Discipl. Dissert. iii. p. 249. m 1 Tim. v. 19.

byters at Ephesus. It would not have been decorous indeed, that the sheep should judge their shepherds, the children their spiritual parents, those who are ruled their rulers: and the same principle of fitness and decency requires that those who preside in every church should not be judged by the inferior clergy and laity of their churches, but by those who, like themselves, succeed to the principal and apostolical

power.

The judgments of particular churches in the causes of laity and clergy, were not final; an appeal was allowed to provincial synods", and in later times from the bishop to the metropolitan.

For many ages the judgments of the church were conducted according to fixed rules indeed, but without the formality of juridical proceedings. It was not until the twelfth century, that ecclesiastical jurisdiction in courts proceeding according to the forms of the Roman law, was introduced into the church o.

SECTION II.

ON ECCLESIASTICAL CENSURES.

The ecclesiastical censures mentioned in scripture are public rebuke, or admonition, and the greater excommunication, or anathema.

The former is authorized by the following passages, "A man that is a heretic, after the first and second admonition, reject "." "Rebuke them sharply that they may be sound in the faith "." "Them that sin rebuke before all, that others also may fear." These passages

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