(I08) _reek vacante, Epiphan. Heref. 42. And if theyhad the power overone another, moreover the flock. . See 141"" And I need.bring no particular proofs.of this: For when-Bifhops.have been Nee in banifhed, iinprifoned, dead, and the feat vacant a year, yea, diversyearsto- ßtondel. g. gether (as it hath been at Koine ) was the.Church. no Church all that time? 3.p. 183,. Had. it. no Government? Was there no power of the Keys? Was theChurch a84 laid common to all? This inftance is fo full as nothingcan be faid againft it, but that it was in Cafe ofNeceffity.But thatonly proveth.that it is thePresbyters office work, though out ofa cafe of neceffity theymuff do it with the Bifhop, . andnot without. him... But a Lay-man maynot do a Presbyters proper work onifuch a pretence. However the Church by thispractice hath:declared it's judgment in the cafe. VII. Coned. Carthage 4. Can. 23. is [ Vt Epifcopus nuilius caufam audiat abfque prefentia.Clericorùmfuorum ; Alioquin irrita erit f ntentia Epfcopi, nift Cle ricorumprafntia confirmetur. Ifit be faid that here is no:inention of their Con- tent, but of their Pretenceonly, I anfwer, It is a prefenceneceffary to the Con- firmation of theBifhops fentence and the prefenceof Diffenters would rather . infirm the fentence (more than their abfence) than confirm it. And the con- jundCanons thew that it is Confent that ismeant. For, Can. 32. it's faid [ Irrita eritr donatio Epifcoporu vel venditio, vel commuta- tio .rei Ecclefiáftie,e, abfque conniventia & fubfcriptione Clericoranp where fuch a.Connivence.is meant as is joyned -with fubfcription. : And if fuhfcriptioir ofthe Presbyters was neceffary in there cafes, nolefsAhan Confent is meant in the other. Which is yet more apparentby thofe following Canons, whiih forbid the Bifhopto Ordain without his Clergy, or to accule any of them.:but by proof in a Synod, or to fuller a Presbyter to ftand while he fitteth. And the:Ca- nons-that place the .Bifhop in confeffu` Presbyterorum and fet him: in the midit of them,in the fame feat in the Church, and call him.their Colleague The Canons which make the Presbyters 'Governours.of the Rural Churches, and make the Deacons fervants to them, of which the number is too great to be now recited ------- ?1ott,itis Even here Can, 22 it's. faid [ Epifopusfine GoncilitClericorumfuorumClerì not coati- cos non ordinet : Ita ut Civium affentfum ea conniventiam & te/limosium querat..] lie, but - Afd if 'notfine concilio * then not contra confiliúm. : And if the content ofthe xtancalio. Laitybeneceffary,r fure the Clergies is fo too. Can. 29. Epifeopusfi Cleric° vel Laico crimen impefuerit, dedeecatur ad proba- tionem in Synodum. - Can.. 3o. Caneane Judices Ecclefix ne abfnte eo eujuscaufa ventilietur fententiam proferant ; quia irrita erit, imo cr caufam in Synode profatle dabunt: And ifa Bifhop mutt not fo much "as.accufe but in a Synöd on proof, much.lefs might he be judgealone. Can. 33.. appointeth that Bifhops ' or Presbyters fhali°be invited to preach; and confecrate the Oblation, when. they, come into ftrange Churches] So far there was no difference;. Can.
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