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"will change his royal power into tyranny, joyfully will I too A. D. 390. "submit to the sword." Ruffinus having heard these words, sent to inform the Emperor, and advise him to stay in the palace. The Emperor received this information in the midst of the market-place, and said: "I will go and receive the "contumely' which I have deserved."

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[' ἀσπαστι

When he came to the inclosure of the holy place', he did as] [ τοὺς not go into the church'; but went to the Bishop, who was lepoùs reριβόλους.] sitting in the Auditory, and besought him importunately to [3 τὸν θεῖον give him absolution. St. Ambrose said, that in coming as vev.] he did, he acted as a tyrant; that he had done madly òs OlKOS against God Himself, and that he was treading His laws salutatorium.] under foot. "I respect them," replied the Emperor, "I have "no wish to enter the sacred vestibule unlawfully; but I be"seech you to free me from these bonds, and not shut the "door against me, which the Lord hath opened to all those "who repent." "What repentance," said St. Ambrose, "have you then shewn after so great an offence?" "It is for "you," answered the Emperor, "to prescribe what I ought "to do." Upon which St. Ambrose ordered him to do public penance (for although he had forborne to come into the church, he had not yet performed regular penance) and moreover required him to pass a law, that no person should be put to death within thirty days after sentence was passed. The Emperor accepted both these conditions; he caused the law to be written, and subscribed it with his own hand, and he submitted to the public penance. Then St. Ambrose immediately took off the excommunication, and permitted him to come into the church. However the Emperor did not pray either standing or kneeling, but having stripped off his imperial robes', which he did not resumes. Ambr. during the whole course of his penance he remained prostrate od. $ 34. on the pavement, repeating these words of David, My soul Soz. 7. 25. cleaveth to the dust; O quicken Thou me, according to Thy

word".

6

de Ob.The

As he uttered this he tore his hair, struck his fore- 7 Ps. 118.
(119. E. V.)

The early Basilicas were not unlike the heathen temples or our own collegiate chapels, that is, part of a range of buildings, which contained the lodgings of the Ecclesiastics. Among these were the Bishop's apartments. The Auditory

in which Theodosius found St. Ambrose,
was the place where the Bishop, with
his Presbyters, used to receive the salu-
tations of the Faithful as they went to
the church.

25.

de Civ.5.26.

S. Amb.

A. D. 390. head, and watered the pavement with his tears, imploring S. Aug. mercy. The people' seeing him thus humbled, prayed and wept with him; and he retained his concern for this sin all the rest of his life. There is a law which bears the name of Theodosius, ordering the punishment of criminals of all kinds Cod. Th. to be suspended for thirty days. But it likewise bears the name of Gratian and is dated the 15th of the calends of September, under the consulate of Anthony and Syagrius, i. e. on the 18th of August A.D. 382. This law therefore is not that which was made upon this occasion.

ubi sup. p. 1207.

9. tit. 40. 13.

XXII. Discipline

St. Ambrose was particularly careful to administer penance of Penance without any distinction of persons. It is thus that Paulinus, who wrote his Life, speaks of him. "Whenever any

in the West.

[ ob percipiendam pænitentiam.]

Paulin.

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person confessed their sins to him, in order to receive penance, he so wept, as to make the penitent weep too, "for he seemed to have partaken in his fall. But he 66 never mentioned those sins which had been confessed "to him, to any other, but to God; leaving a good example to the Bishops who succeeded him, to be rather "intercessors before God, than accusers before men"." In this testimony of Paulinus we find the secret confession of sins made to the Priest, in order to penance. The Bishops were still the ordinary ministers of it, in the West; for recourse was never had to this remedy unless it were for notorious sins, which were not common among the Christians. This discipline was chiefly observed at Rome. There was a place assigned to the penitents, where after the celebration of the mysteries, at which they were not allowed to be present, they prostrated themselves on the ground, with tears and sobs; and [the Bishop with] all the people joined them in weeping and lamentation. Then the Bishop rising up, raised also the penitents, said the prayers proper for the occasion, and then dismissed them. Every one willingly performed the penance which was allotted him, whether it were fasting, abstinence from the bath, or from his ordinary food, or the practice of any other austerities which were prescribed. He stayed till the time fixed by the Bishop; and then having finished his penance, he received absolution of his sin, and entered again into the assembly with the people. This was the custom at Rome till the time of Sozomen the his

'S. Hieron.

Ep. 30.
[84.] ad
Ocean. 1, 2.

Supra bk.

[ cæteris

p. 1817.

Schelstr.

torian, which was about the middle of the fifth century. A. D. 390. There was at Rome a remarkable example of penance in St. Fabiola, as has been already mentioned, and took place much about the same time as that of Theodosius'. The same discipline was observed in the Church of Africa, as is evident from two canons of a council, held at Carthage, by the Bishop Genethlius and the Bishops' of various provinces, 18. c. 21. under the consulship of the Emperor Valentinian and Neo- coepiscoterius, on the 16th of the calends of July, that is, the 16th of pis suis.] June, A.D. 3903. Numidius Bishop of Maxula demanded, "App. Conc. according to the decree of the preceding council, that Priests tom. 3. p. should not be allowed to make the Chrism', nor reconcile the 691. Mans.] penitents publicly, nor consecrate young women's; all which Eccl. Afric. was decreed. But Genethlius" added, "If any one be in P. 147. "danger, and desire to be reconciled to the divine altars; [page 15. "in case the Bishop be absent, the Priest ought to consult notes.] "him, and by his order reconcile the person who is in "danger." All this the council approved. Thus the Bishop was the ordinary minister of penance, and the Priest only in his absence, in case of necessity, and by his order. This council made several other canons relating to discipline, most of them to hinder Priests from attempting any thing against the Bishops, and Bishops against their brethren. They re- can. 2. newed the law of continence, imposed on the three first

e i. e. the council held immediately after the Synodical letter of the Roman council addressed to the African Church, A.D. 386, by Pope St. Siricius.

f Oil was used both before Baptism and after, for confirmation. The form of its consecration is given by Bingham, (bk. 11. 9. 1.) from the Apost. Constit. (7. cap. 43. Mans. 1. p. 524.) where the 'Apxiepeùs consecrates it, as is here decreed. See St. Ambrose and St. Cyril's account of its use, bk. 18. ch. 53 and

54.

Virgins might be veiled, apparently at any age, when the object was to place them under the protection of grave matrons, after the loss of their natural protectors. Conc. Milev. 2. A. D. 416. Mans. 4. p. 326. Cod. Can. Eccles. Afr. dat. A. D. 419. Mans. 3. p. 735. But if they wished to devote themselves to GOD, no Bishop might in Africa, consecrate them before five-and-twenty. Conc. Carth. 3. A. D. 397-8. Can. 4;

or, in Spain (Conc. Cæsaraug. c. 8.
A. D. 381.) and Gaul (Conc. Agath.
c. 19. A.D. 506.) before forty. That
consecration was a subsequent act,
see Ep. S. Leo. ad Rust. 92, c. 13.
Such as having professed virginity,
afterwards married, were liable to a
year's penance. Conc. Ancyr. c. 19.
A. D. 314. Relapse after consecration
was more severely punished. The 3rd
Can. of Nicæa, condemned the abuse
of 1 Cor. 9. 5. See Gieseler, vol. 1.
§ 71.

h There were canons and heresies on
the subject of Continency from the first.
The latter arose from the confusion of
Counsels of Perfection (Hooker, bk. 2.
8. 4.) and Moral Duties. From Conti-
nency, a gift (see Marriage Service)given
both prior to (St. Matt. 19. 11, 12.) and
in consequence of, prayer (1 Cor. 10.
13.) being regarded as binding on Chris-
tians morally, arose the heresy of the
Cathari, &c., (St. Epiph. Hær. 59. 4.

diss. 3. c. 4.

can. 3.

5 c. 4.

A. D. 390. orders of the clergy, viz. Bishops, Priests, and Deacons, as being of apostolic institution. They forbade any Priest

p. 496.), whose principles were condemned by the Apostolical Canon 50. (43 or 51.) It is another question whether it is binding by Divine Law on the Clergy. The negative is maintained by St. Thomas Aquinas (Sum. Theol. 2. 2. Qu. 88. Art. 11.) by the Church of Rome (Conc. Trident. c. 9. de Matrim. Sess. 24.) and our own. Art. 32. At the same time, Tit. 1. 8. уkратî i. e. continent (as appears from the heretics above referred to being called Encratites) and 1 Tim. 3. 2, 12. were supposed to contain the germ of the Church Laws, that any married man, having children, was after Ordination to live in Continence, though he was forbidden to dismiss his wife, Can. Apost. 5. (6 or 3.) and that no man who had married a widow (Can. Apost. 17.) or a second wife (ibid. 16.) should be admitted to Orders. Earnestness and persecution seem at first to have superseded the need of Canons, and all but Readers and Singers preserved continence. But no sooner had Constantine granted the Christians in Spain liberty of worship, A.D. 306. than we find a Council at Eliberis A. D. 309, requiring Continence of all Clerks (positis in ministerio, Mans. 3. p. 22.); and no sooner was universal toleration proclaimed A. D. 312, than we find two Councils at Neocæsarea and Ancyra, both A.D. 314, enforcing the Law of Continence. The increase of Clergy on Christianity becoming the religion of the Empire, and on the bestowal of privileges on the Order, tempted many to seek Ordination, little likely to act with the ancient asceticism. In behalf of these weak brethren, Paphnutius resisted those Bishops at Nicæa (325) who wished to make Continence binding on them. (See Socr. Soz. Epiph. Schol. A.D.510. Gelasius, A.D.476.) After this Council, the doctrine of the Novatian Cathari was condemned at Gangra, A.D. 328. (so explained by Conc. Rom. A.D. 1074. Mans. 20. p. 425.) but the doctrine of Clerical Continence is urged constantly by the Fathers. (vid. S. Epiph. Expos. Fid. Cath. ad Calc. Panar. p. 1103. C. Hær. 59. § 4. p. 496. S. Ambros. de Off. Ministr. 1. § 258. Epist. 63. ad Eccles. Vercell. § 62. Euseb. Dem. Evang. lib. 1. c. 9. ad fin. S. Hier. adv. Jovin. t. 4. ps. 2. p. 175. adv. Vigil. p. 281.) St. Siricius confirmed the decree of Conc. Elib. in the letter to Himerius, A. D. 385. (Supra. bk. 18. ch.

31.) and issued a Decretal, A.D. 386. containing the same subject, which was received by the Council alluded to in the 2nd Canon in the text. He, as well as the Carthaginian Council grounded the rule on Apostolical Tradition. Pope Innocent repeated this decretal, A. D. 404, and Pope Leo extended it to Subdeacons. (Ep. ad Anast. A. D. 446.) These, however, were not included, in Sicily, till Pope Gregory the Great, A. D. 590. (Ep. ad Pet. Subdiac.) nor apparently in Spain, Conc. Tolet. III. (A.D. 589.) c. 5. IV. (A.D. 633.) c. 27, though it was evidently desired. Conc. Tolet. (A.D. 531.) c. 1. Mans. 8. p. 785. Priests and Deacons, if incontinent, were reduced to lay communion by Conc. Turon. A.D. 461; but irregularities must have grown common, when we find among other Canons enforcing Continence on Subdeacons or Deacons, (Conc. Agath. c. 9. A.D. 506. Conc. Aurel. c. 3. A.D. 538. Conc. Aquisgran. (t. 14, p. 155.) A. D. 816. Conc. Wormat. (tom. 15. p. 866. ex parte reprob.) A.D. 868,) a Canon (Conc. Turon. 2. A. D.) 567. c. 12.) enjoining a Bishop to live with his wife (Episcopa c. 13.) as with a sister. (See Gieseler, vol. 1. § 95.) In A.D. 1074 the Church (then in a miserable condition) was reformed by Pope Gregory VII. (Mans. 20. p. 401.) He met with the fiercest opposition, but by his firmness succeeded. From that time the Law of Continence became recognized by all the Western Church, till the English branch of it resisted the rule. The English Clergy had been among the foremost to obey Hildebrand, as appears by the Council of Winchester, A.D. 1076, under Lanfranc Continence was made binding on them by the Six Articles 31°. Hen. VIII. c. 6. A.D. 1539, but permission was granted to Ecclesiastics to marry by Convocation, and 2 and 3. Ed. VI.A.D. 1548, but the Statute says expressly, that "A life of Continence is better "for the estimation of Priests,-and "for the administration of the Gospel"and that it were most to be wished "that they would willingly and of their 66 own selves endeavour themselves to a perpetual chastity. See Collier, vol. 2. p. 262. An. 1548.

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"That which the Apostles have "taught and Antiquity itself hath pre'served, let us too keep."

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3

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τέρας.

under pain of deposition', to celebrate the Holy Sacrifice in A. D. 390. a house, or any other place whatsoever, without order from can. 9. the Bishop. If a Priest, excommunicated by his Bishop, brare. instead of complaining to the neighbouring Bishops, hold agant agenda.] separate assemblies, and offer the Holy Sacrifice, he shall be can. 8. deposed, anathematized, and banished to a distance from the city. We see here again the difference between a temporary excommunication, for the correction of a sinner, and anathema'. Any Bishop', Priest, or Clerk, is forbidden to ['see supra receive those who have been excommunicated for their ch.9.p.153.] crimes, and who, instead of submitting to their Bishop, appeal to the court, or to the secular judges, or to other [ comitatus.] Ecclesiastical judges. Whosoever' had been found guilty of a can. 6. crime was not suffered to accuse a Bishop or a Priest. It [* Toùs παwas decreed according to the ancient rules, that a Bishop, Græc. can. that is accused, ought to be judged at least by twelve Bishops, & majores natu. Lat.] and a Priest by six, a Deacon by three, joined with their own can. 10. [Vid. Græc. Bishop. The execution of this canon was not difficult, by c. 12.] reason of the number of Bishops, and even of councils. It was forbidden' that any Bishop should intrude upon the diocese of his neighbour. No Bishop' might be put into a diocese, that had never before had one, unless the believers had been increased, and desired it: then a new Bishop might be appointed, if it were with the consent of the Bishop in whose diocese it was. No Bishop may take upon him to ordain another in any council, however numerous, without an order in writing from the Primate of the province, and with that order, threek Bishops are sufficient in case of necessity3.

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can. 11.

can. 5.

can. 12.

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ry Priest at

nople.

In the East the discipline of penance was something XXIII. different. For to every church there was a Penitentiary sion of the Priest, whom the Bishop trusted with the examination of Penitentiapenitents. This took its first rise from the heresy of Nova- Constantitian, who would not allow of any penance after Baptism; and it is said, that after his condemnation', this Priest was added to the list of the Clergy. The heretics themselves had followed this rule, except the Novatians. The office of GiaσTIKE

Can. Apostol. I, 2. "Let a Bishop "be ordained (Xeipoтovelσow) by two "or three Bishops; a Presbyter, by one

66

Bishop, as well as a Deacon and the "other Clerks."

bk. 6. 55. Soc. 5. 19.

[τῷ ἐκκλησ

κανόνι.]

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