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bishops convened in the council of Ariminum; that S. Augustine had fornicated with two several women, and yet he was made priest and bishop for all that; and to deny that to holy marriages which is not denied to unholy fornications, will be a doctrine unfit for the honour of christian schools"; that the second marriage is as holy as the first; that it may be as necessary and as useful; that it is always as lawful; that the canon of the apostle, that a bishop should be the husband of one wife,' is intended against plurality of wives at once, and marrying after divorces, both which were usual amongst the Jews and Greeks and Romans, and could not at first be taken away from the new-converted Christians; that it was so expounded by S. Chrysostomo, Theodoret, S. Hierome, and divers others, but especially by the Greek fathers; that not only the first marriages are blessed by God, but the second and the third, as S. Austin observes; that S. Clemens of Alexandria affirmed, that diyauía μerà èπαууελίαν παράνομον, οὐ διὰ τὴν συνάφειαν, ἀλλὰ διὰ τὸ ψεῦδος, digamy after a vow to the contrary is an irregularity, not for the contact and conjunction, but for the lie;' that the church of Rome does without scruple frequently ordain them that have been twice married, if they will pay the price appointed in the chancery tax, as is witnessed by one that knew very well; that if the apostle had forbidden it by a canon, yet that canon did no more oblige the descending ages of the church than the other canons which we see broken in every church, according to their reason or their liberty; that in the primitive church they were not very solicitous about the affairs of marriage, because they supposed the end of all things was at hand: Crescite et multiplicamini evacuavit extremitas temporis"; that it was a blot in the face of the primitive church that they would not bless second marriages; that it was most rationally and elegantly complained of by S. Bernard; that second marriages are not a sign of incontinence, but the cure, or if they were a sign of an incontinent body, they are a sure sign of a continent mind, that will at no hand admit any uncleanness; that a great liberty permitted is infinitely to be preferred before a little prevarication of a divine law, and therefore that second marriages are to be permitted to the clergy, rather than evil thoughts, or the circles of an inward fire; that the prohibition of the ordina

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tion of persons after the second marriages did rely upon the opinion of holiness that was in the ecclesiastical order above the lay purity, and the unholiness of marriage in respect of single life; that in whatsoever sense the former can be true, yet the latter is a branch of Montanism, and a product of the heresy of Tatianus; that Theodoret did ordain Irenæus that was twice married; that he defends the fact by the consent and suffrages of the bishops of Phoenicia, and says that he insisted in the footsteps of his ancestors, and produces for his precedent, Alexander of Constantinople, Acacius of Beroa, and Praylus of Cæsarea, who ordained Domnus after his second marriage; that the chief of the diocese of Pontus did so, and all the bishops of Palestine; that they accounted it holy according to the opinion and doctrine of their nation, for so we read in Maimonides, Although a man have fulfilled the precept concerning the multiplication of mankind, yet nevertheless it is prescribed in the sayings of the scribes, that no man should cease from the multiplication of his kind, so long as he can well continue it; for whosoever shall add a soul to Israel is like him that buildeth up the world.' And it is moreover in the sayings of the wise men, that a man should not keep a house without a wife, lest he be provoked by lust. It may also be considered that he that burns had better marry, though he have been already married, and though he be a bishop; that the virgin or widow estate is nowhere commanded, but that in some cases marriage is, as in that of burning; that in scripture no chastity or continence is required of a bishop but the matrimonial; that Abraham the father of the faithful was married again after the death of Sarah; that S. Joseph the supposed father of our B. Lord was by the ancients said to be twice married; and lastly, that it is confessed that the forbidding second marriages to the clergy, and refusing to ordain such as have been twice married, is neither of the law of nature, nor any article of faith, nor any necessity of the sacrament: it is only a constitution of the church, which as the pope binds on, so he may take off as he please, as is affirmed by Aquinas, Durandus, Gabriel Vasquez and others and therefore this law also ought to be cancelled; but if it be not annulled by express revocation, it is unjust, and unreasonable, and unnecessary, and a snare to consciences, and is not the circumstance of a thing commanded, but of that which ought to be left at liberty, and therefore is no measure or proper band of conscience; but to us it is an obligation neither in conscience nor in law.

Hæc ideo volui nostris intexere chartis

Ut quoties coeunt patres

....

Sint memores, magno ad leges opus esse ferendas
Ingenio, multis oculis, examine recto.

Halach Ishoth, cap. 15. [apud Selden. de jur. nat. et gent., lib. v. cap. 3. tom. i. col. 509.]

a.]

Quodl. 4. art. 13. [tom. viii. fol. 26

But

In sent. 4. dist. xxvii. q. 4. [p. 8:0.]
In 3 part. tom. iii. disp. 249. cap. 5.

[p. 779.]

Mantuan. [Fast., lib. i. in Jan. vit. S. Hilar. lin. 101.]

I have given these instances not only to fix the conscience in these great enquiries, but by these to explicate the measures of the rule.

SECT. V. OF ECCLESIASTICAL LAWS OF FAITH, OR ARTICLES OF CONFESSION.

RULE XXI.

THE CATHOLIC CHURCH IS A WITNESS OF FAITH, AND A RECORD OF ALL NECESSARY TRUTHS; BUT NOT THE MISTRESS AND RULER OF OUR CREED; THAT IS, CANNOT MAKE ANY LAWS OF FAITH.

§ 1. In our enquiries of faith we do not run to the catholic church desiring her to judge our questions; for she can never meet together; and she is too great a body to do single acts and make particular sentences: but to her we run for conduct, by enquiring what she believes, what she hath received from Christ and His apostles. So that the authority of the catholic church is resolved into catholic tradition. Whatsoever can be made to appear to have been by the apostles taught, and consigned to the church, that it is a law of faith. But of this I have already given accounts. The catholic church, taking in the apostolical, that is, the church of all ages, is a witness beyond exception. For if she have the spirit of God, if she love truth, and if she do not consent to deceive herself, she cannot be deceived in giving testimony concerning matter of fact and actual tradition: or if she could, yet we are excused in following that testimony, because we have no better, we have no other. Better than our best, and better than all we have, we cannot be obliged to use: but therefore we have the justice and the goodness, our own necessity and the veracity of God for our security, that this is a sure way for us to walk in. But then when this is reduced to practice in matters of belief, it will come to this only, that she bears witness to the scriptures, that they are the word of God; but beyond what is contained in scripture, she hath no article of faith.

§ 2. The consequent of this which I have largely proved and explicated in the place above cited, is, that all her sermons and all her explications of doctrines must be by that measure. If it be agreeable to scripture, it is that which she hath received: but if she hath not received it, she cannot make a doctrine, nor deliver a proposition with authority, nor oblige the conscience.

Lib. ii. chap. 3. rule 14. [vol. ix. p. 598.]

§ 3. But this rule if it be understood of the catholic church of this or any one present age, will not signify so much for unless the tradition be delivered in a constant succession from the apostles, the church is not a certain witness, but makes herself a judge of truth; which she can never do, but by relating to the scriptures, by shewing there it is, in the code which she hath received. But when any doubt does arise concerning any matter of belief, the catholic church hath no solemn court of judicature or place of resort, where a single person may go for determination. And if a question be between church and church, as between Rome and England, the question is, which is the catholic church; for indeed neither of them is: and there is no such thing then as a catholic church to determine the question as when the head and the belly, the mouth and the arms fell out, the whole body could not be judge of the controversy; but if they had had a rule, thither they might go to be guided. And if it be asked, who shall expound the rule, there is no other answer to be given, but to desire men to be good and humble, to pray to God, and without partiality to desire truth; and then every man will be able to answer his own question. For if the rule be hard, it is hard to them that are not willing and soft and compliant; but not to the gentle and the humble, to them that follow God in simplicity, and whithersoever He will lead them.

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§ 4. But it is to be considered that the church is a net that hath in it fishes good and bad, it is a field of corn and tares; and but that the apostles were guided by an infallible spirit, there could have been no certainty but then after them there was no more to be looked for; what they left we were to use, but to look for no more. For the catholic church never was since the apostles' time without error. By catholic church, I do not mean the right believing part of the church, (for in questions of faith the dispute was, which was the right believing part,) but I mean all that profess the faith of Christ, who when they are divided will never allow the opposite party to be their judge and therefore it cannot be supposed that God should appoint one to be the judge, who must always be supposed a party, and will never be accepted by the other, unless He had given infallibility to that one part, and we had all known it. To the apostles He did, and they were the fountains of tradition: but when they were gone, the only way that was left was to see what they left, and to that every part was to conform; but neither part was judge, except only for themselves: and in this every part ought to be trusted, because they only had the biggest concern to take care that they be not deceived. No man or company of men was charged with them; every government was charged with its own care and conduct.

§ 5. But I shall not insist upon this, because it can be of no use in the conduct of conscience. Because if ever there be a dispute in the church, there is no catholic church to which we can go and if we call that the catholic church which is the greater part, that may

deceive us; for in the days of Elias almost all Israel had corrupted himself, and in the time of the Arians almost all the world was Arian; and at this day a very great part of the catholic church is stained with the horrible errors and follies of popery and besides our notices are so little and narrow of the belief of christendom, our entercourses so small, our relations so false, our informations so partial, that it is not possible for us to know what is the belief of the major part. It is not known at this day by the doctors of the Roman church what is the practice of the Greek churches in the marriage of their priests, nor what is their doctrine of purgatory, nor of the procession of the Holy Ghost, as appears in their disputes and contrary narratives of these particulars. We cannot tell in England at this day whether the Lutheran churches have right ordinations and perfect succession of bishops in their churches. I have endeavoured very much to inform myself in the particular, and am not yet arrived to any certain notice of it. This therefore, to appeal to the sense of the major part of the church in a question, will signify nothing at all as to our conscience.

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§ 6. Especially if to this we add, that the churches have got a trick of empire and imposing their sometimes false and always unnecessary articles upon all of their communion; and then the faith of the church will depend upon the opinion of the chief and principals and then their belief will be like a rumour spread from a few mouths into the ears of millions, who, though they all tell the same story, yet are no more credible for their multitude than the first reporters were for their authority. Nay in most places men dare not speak what they think, and dare not believe what they find dangerous, and dare not enquire into what they dare not disbelieve; so that if you had been at Trent and asked the fathers, it would have signified nothing for whatever their belief was, they were borne down by the congregations, and the congregations by the legates, and the legates by the pope; and that's the catholic church.

§ 7. It remains therefore that we are from the catholic church to expect no other determination of our questions, but by conveying to us notice of the doctrines apostolical. And this is often and largely discoursed and taught by S. Irenæus, by S. Clement in Eusebius f by Tertullian, by Origen, S. Cyprian', S. Athanasiusk, S. Basil', Epiphanius, S. Hierome", S. Austin, and Vincentius Lirinensis P:

Lib. iii. cap. 40, [al. 24. p. 222.] et lib. v. cap. 20. [p. 317.] lib. iv. capp. 63, [al. 32. p. 272.] et 43. [al. 26. p. 262.] Lib. iii. cap. 12. [al. cap. 23.]

8 De præscript. [cap. 20. p. 208 sqq.] et contr. Marcion., lib. iv. [cap. 5. p. 415.]

In prooem. lib. i. Tepl ȧpx. [de princip. tom. i. p. 47.]

Epist. ad Pompei. [epist. lxxiv. p. 210 sqq.]

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