records of ecclesiastical laws, and from whom the obligations of conscience do proceed, and in what matters their authority is competent, and their canons obligatory: that is, to what and whose ecclesiastical canons the conscience is, and how far it is, bound.

RULE XI.

The Canons of the Apostles, which are of Order and external Government, do oblige the Conscience by being accepted in several Churches, not by their first Establishment.

1. THAT the canons which the apostles made, did oblige the churches, to whom they were fitted and directed, is without all question, according to that of the Apostle", "To this end also did I write, that I might know the proof of you, whether ye be obedient in all things." For whatsoever was their ordinary power, yet they had so much of extraordinary, had such special commissions and warranties from Christ, had such gifts and miracles of power, so much wisdom, so much charity, and so entire a government, and were the only fountains from whence the rules of the church were to be derived, that their word ought to be a law to whom it was sent, and a precedent to them that should hear of it: it was like the pattern on the mount, to which all churches, in equal circumstances and the same conjunction of affairs, might conform their practices.

2. Thus we find that the apostolical decree of abstaining from blood was observed by more churches than those of Syria and Cilicia, to which the canon was directed; and the college of widows or deaconesses, though provided for the first ministry of the churches and relief of ancient widows, derived itself into the manners of the western churches, and lasted longer than there was need. There was no hurt in it; the reverence to the persons and dignity apostolical was foundation enough to bear a greater burden: but the retention of such canons and orders was just like the retention of the judicial laws in some commonwealths, which they did in

regard to the divine wisdom; though they in so doing did piously indeed, but yet did not imitate that wisdom, by which those laws were made.

3. But because it is evident, that the laws of order and government were fitted to times and places and present necessities, the same wisdom that so fitted the laws and things together, did also know, that those rules were not good, when the things were changed and grew unfit for that measure. The apostles, in their first preachings and conversation in Jerusalem, instituted a coenobitic life, and had all things in common with the believers; indeed no man was tied to it: and of the same nature were their canons, counsels, and advices, and propositions of what was best. But that advice related to the present necessities of believers: they were likely to suffer persecution, and the nation was, in a little time, to be destroyed,-and therefore it was prudence to sell their lands, and charity to divide the use of it. But if any man shall say, that this obliges all Christians, he is unreasonable; but if they do not, then it is certain, that their laws oblige according to the subject-matter and the changing reasons of things; and therefore, not by their authority alone, but by their authority also who are judges of the reason of things, and can declare with obligation.

4. But yet further; the orders which the apostles gave to their churches, though they be as good now as they were then, and have equal circumstances, yet unless it can appear, that they by them intended to oblige all ages of the church, although they were not free men, yet they are free now. Now this is certain, that they gave no such laws, but what they received in commandment from Christ; and whenever they said of any particular, "This say I, not the Lord," they gave but an advice, or made a temporary order; but when they said, "This we have received from the Lord," it is always a doctrine of faith, or a moral commandment. So that the rules of order, being neither of these, are but topical, and limited, and transient; such which when they are chosen by the rulers of churches, they become canons and measures of practice, but else not. The Apostle made an order in the Corinthian church, that men should not pray or prophesy having their heads covered; but yet in France the preachers are covered, and do not think they prevaricate an apostolical

canon; because they supposed it reached no further but to that church, or at least was agreeable to the manners and customs of those places. St. Paul appointed, that they should lay aside, every first day of the week, something for the poor: but he that shall choose to do this upon his weekly fasting-day, does as well; he does the same thing in another circumstance. St. Paul gave in order to Timothy, that a bishop should not be a novice; meaning in age, or in Christianity, or both: and yet St. Timothy himself was but a novice, being chosen bishop at the age of twenty-five years, as the ecclesiastical histories report; and Theodosius chose Nectarius, being but newly converted; and the people chose St. Ambrose to be bishop before he was baptised, and the election was confirmed by Valentinian. Fabianus, Cyprian, Nicolaus Severus, Tarasius, were all novices or new Christians, when they were chosen bishops: and yet the church made no scruple of that canon of the apostles, because to break it was more for the edification of the church. And I remember that Cassander, speaking of the intolerable evils that fell upon the church by the injunction of single life to priests and bishops, says This law ought to have been relaxed, although it had been an apostolical canon.' Thus also it happened in the canon concerning the college of widows; "Let not a widow be chosen, under threescore years;" and yet Justinian suffered one of forty years old to be chosen, and had no scruple, and he had no reproof: but that was no great matter; for the whole institution itself is now laid aside, and other appointments are established. And, which is most of all, that decretal of the apostles which was made in full council, the most oecumenical council that ever was in Christendom, made at the request of the churches of the gentiles, and the inquiry of the Jews, forbidding to eat things strangled,' is no where observed in the western churches of Christendom; and St. Austin affirmed, that if any man in his time made a scruple of eating strangled birds, every man did laugh at him. But of this I have given a full account'.

r

5. Now if those canons apostolical, which are recorded in Scripture, and concerning which we are sure that they

4 Consult. art. 23.

s Lib. 32. contra Faustum Manich. cap. 13.

r Novel. 123. cap. 12, 13.

Lib. 2. chap. 2. rule 2.

had apostolical authority, be, without scruple, laid aside in all Christendom, some every where, some in some places,— it is evident that it is the sense of the whole catholic church, that the canons of the apostles, for order and external measures of government, had a limited sphere of activity, and bind not beyond their reason and convenience, that is, as every church shall find them fitted to its own measures; and therefore this is much more true in such things, which are but pretendedly apostolical, whose name is borrowed, whose story is uncertain, whose matter is dubious, whose records are not authentic: and therefore whatever else can be pretended to be apostolical, and is of this contingent nature and variable matter, is evidently subject to the present authority of every church or Christian kingdom which is supreme in its own dominion.

6. But besides the reasonableness of the thing, we see it practised in all places without dispute or question; that those things which are called canons apostolical, and either were not so, or not certainly so, are yet laid aside by those churches who pretend to believe them to be so. The fifth canon of the apostles, in that collection which is called apostolical, appoints, that the first-fruits shall be sent home to the houses of bishops and priests,' and makes no question, but they divide them amongst the deacons and clerks; but I think, in the church of Rome, they pay no first fruits; and what they do pay, the bishops and priests keep unto themselves. But this is nothing. The sixth canon commands, that a priest or a deacon should not, under pretence of religion, put away his wife:' now this is so far from being received in the church of Rome, that, for this very canon's sake, Baronius calls the collection apocryphal, and rejects them from being apostolical. The seventh canon forbids a bishop or presbyter to have any thing to do in secular affairs, under pain of deposition.' This would destroy much of the grandeur of the church of Rome, if it were received. And the tenth destroys one of their great corruptions in discipline and doctrine, for it is a perfect deletory of their private mass; it excommunicates those of the people, who come to churches and go away before they have received the communion, calling them disturbers of the church; now this at Rome would seem a strange thing. And yet all these are

within that number of fifty, which, Baronius says, were known to antiquity. But he that desires more instances in this affair, may consult the canons themselves, amongst which he will find very few observed at this day by any church in Christendom. The church of Rome" pretends to believe that the Wednesday and Friday fasts were ordained by the apostles; and yet the Wednesday fast is not observed, except by particular order and custom, but in very few places. I shall give one instance more. The apostles commanded the feast of Easter to be celebrated upon the Sunday after the full moon, which should happen after the vernal equinox: so the western churches said. The eastern pretended another canon from St. John, to celebrate it after the manner of the Jews and though they were confident and zealous for that observation upon the apostolical warrant; yet the western bishops at first, and afterward the whole church, did force the easterlings to change that rule, which they and their forefathers had avowed to all the world, to have received from St. John; and it is observable, that this was done upon the designs of peace and unity, not upon any pretence that St. John had never so given it in order to the Asian churches.

RULE XII.

All those Rituals, which were taught to the Church by the Apostles concerning Ministries, which were of divine Institution, do oblige all Christendom to their Observation.

1. I INSTANCE in the holy sacrament, first of all: concerning which the apostles delivered to the churches the essential manner of celebration, that is, the way of doing it according to Christ's commandment: for the words themselves, being large and indefinite, were spoken indeed only to the apostles, but yet they were representatives of all the whole ecclesiastical order in some things, and of the whole Christian church in other; and therefore what parts of duty and power and office did belong to each, the apostles must teach the church, or she could have no way of knowing without particular revelation.

12

Reginald. Prax. fori Pœnit. lib. 4. cap. 12. sect. 3. p. 148. n. 133.