CHAPTER XI.03

V. But, on the other hand, it is also worth while to examine what was the true and ancient use of the jurisdiction of the Church, and what a great abuse of it has been introduced; that we may know what ought to be abrogated, and what ought to be restored from antiquity, if we would overturn the reign of Antichrist, and reëstablish the true kingdom of Christ. In the first place, the object to be secured is the prevention of offences, or the abolition of any that may have arisen. In the use of it, two things require to be considered; first, that this spiritual power be entirely separated from the power of the sword; secondly, that it be administered, not at the pleasure of one man, but by a legitimate assembly. Both these things were observed in the purer ages of the Church. For the holy bishops never exercised their authority by fines, imprisonments, or other civil punishments; but, as became them, employed nothing but the word of the Lord. For the severest vengeance, the ultimate punishment of the Church, is excommunication, which is never resorted to without absolute necessity. Now, excommunication requires no external force, but is content with the power of the word of God. In short, the jurisdiction of the primitive Church was no other than a practical exposition of the description which Paul gives of the spiritual authority of pastors. This power he represents as conferred for the purpose of “casting down imaginations, and every high thing that exalteth itself against the knowledge of God, and bringing into captivity every thought to the obedience of Christ; and having in readiness to revenge all disobedience.”

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As this is accomplished by the preaching of the doctrine of Christ, so to preserve that doctrine from falling into contempt, they who profess themselves of the household of faith ought to be judged by what that doctrine contains. That cannot be done, except the ministry be accompanied with the power to take cognizance of those who are to be privately admonished, or more severely censured, and also to exclude from the communion of the Supper those who cannot be admitted without a profanation of such a solemn sacrament. Wherefore when he denies, in another place, that we have any right “to judge them that are without,”

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he makes the children of the church subject to the censures by which their faults are chastised, and implies the existence at that time of judicatures from which none of the believers were exempt.

VI. This power, as we have stated, was not in the hands of one man, for him to act according to his own pleasure, but resided in the assembly of the elders, which was in the Church what a senate is in a city. Cyprian, when he mentions by whom it was exercised in his time, generally unites all the clergy with the bishop; but in other passages he also shows, that the clergy presided in such a manner, that the people were not excluded from this cognizance. For he expresses himself in these words: “From the commencement of my episcopate, I have determined to do nothing without the counsel of the clergy and the consent of the people.” But the common and usual custom was for the jurisdiction of the Church to be exercised by the council of the presbyters; of whom, as I have observed, there were two classes; for some were ordained to the office of teaching, others were only censors of manners. This institution gradually degenerated from its original establishment; so that, in the time of Ambrose, the judicial administration of the Church was wholly in the hands of the clergy; of which he complains in the following language: “The ancient synagogue, and afterwards the Church, had elders, without whose advice nothing was done. I know not by what negligence this practice has been discontinued, except from the indolence of the doctors, or rather from their pride, while they wish none but themselves, to be seen.” We perceive how indignant was that holy man, that there had been some declension from a better state of things, though they still retained an order that was at least tolerable. What would he say now, if he were to see the present deformed ruins, which exhibit scarcely a vestige of the ancient edifice! What a complaint would he make! First, in opposition to law and justice, that which had been given to the Church, the bishop usurped entirely to himself. This resembles the conduct of a consul or president, expelling the senate, and seizing the sole administration of a government. But as the bishop is superior to other persons in honour, so the assembly or congregation possesses more authority than one individual. It was a gross outrage, therefore, for one man to transfer to himself all the power of the community, and thereby to open a door to licentious tyranny, to deprive the Church of its rights, and to suppress and abolish an assembly appointed by the Spirit of Christ.

VII. But as one evil always produces another, bishops, disdaining this charge as unworthy of their attention, have delegated it to others. Hence the creation of officials, to discharge that duty. I say nothing, at present, of the characters of the persons; I only assert, that they differ in no respect from civil judges; yet they still call it a spiritual jurisdiction, where all the contention is about secular affairs. Though there were no other evil, what effrontery must they have, to call a court full of litigation the judicature of the Church! But, it is alleged, it employs admonitions, and pronounces excommunication. Is it thus that they trifle with God? Does a poor man owe a sum of money? He is cited. If he appear, he is condemned; after the condemnation, if he do not pay, he is admonished: after the second admonition, they proceed to excommunication. If he do not appear to the citation, he is admonished to be forthcoming: if he delay, he is admonished a second time, and soon after is excommunicated. I ask, What is there in this that bears any resemblance to the institution of Christ, the ancient usage, or the order of the Church? It is further alleged, that this court also corrects vices. I reply, that acts of fornication, lasciviousness, and drunkenness, and similar enormities, they not only tolerate, but sanction and encourage, by a kind of tacit approbation, and that not only in the people, but even in the clergy themselves. Among multitudes of offenders, they only summon a few, either to avoid too flagrant an appearance of connivance, or for the purpose of extorting money. I say nothing of the robbery, the rapine, the peculation, the sacrilege, connected with this office. I say nothing of the characters of most of the persons selected to discharge it. It is more than sufficient for us, that while the Romanists boast of their spiritual jurisdiction, it is easy to show that nothing is more contrary to the order appointed by Christ, and that it has no more resemblance to the ancient practice, than darkness has to light.