20 ) ties for their crimes. (And who would not do fo, if it were now our cafe.) 2. And by this means the rigorous penalties of the Church by penances were the more eafily fubmitted to , as being more carte than corporal pains and mulfts. And when thus by the Laws and counte- nance of fo great an gmperour, the Bishops were made the Judges of all that were Chriftians at prefent, and all that would turn Chriftians that defired it, it is eafie to underftand, r. what a Lordfhip they mutt needs have as to the kind of power ; 2. How their Office mutt dege- nerate from purely fpiritual, into fecular or mixt : 3. And how nume- rous their Flocks, and large their Provinces would foon be. And here you mutt note thefe things, r. That the Bithop of every Church was made judge of thefe caufes; not alone by himfelf, but with his Presbyters or Clergy, who judged with him. 2. That yet this pow- er was not then taken to be any effential or integral part at all of the Paftoral Office ; but an Accidental work, which Lay-men might do as . well as Paftors ; and that it was committed to the Bishop only as the belt able for Arbitration; becaufe of his abilities and intereft, and that as amatter of meer convenience; and alfo for the honour of his place. 3..Thattherefore this Judging' power for ending ftrife and differences,_ might be alienated from the Clergy and done by, Lay-men,where there was caufe. 4. And that the Bifhap had fo much more power than the Presbyters .. that he could commit it from them to Lay-men. All this that - one instance of Silvanus in Socrates, lib. 7. cap. i7. (and in Hanmer, cap.. 36.) whofe words were thus [Siivanus alfo no lefs exprefed inhis other atls and. dealings, -ohe goodmotion of his Godly mind. For when he perceived that the Clergy refpetled nothing,bsat gain in deciding the Controv'erfies of their Clients, (Owoful Clergy!) he thenceforth fsfered none, of the Clergy to be judge, but took the fupplications, and.requefls offriars, and appointed One of the Laity, whomfor certain be knew tobe a jujqandgodly man, andgavehint the hearingof theircuafes, andfo.endedquietly all contentions and quarrels. j (And the likeliett way it was.) You fee here, r, that when Princes will needs make the Clergy Magiftrates tohonour them, the wife and goodmen of the. Clergy will return flch power toghe-Laity, as ufually fitter. for it. a. And that it is no wonder that whenLaw-bufinefs is raft upon theClér- gy, ifthey grow worfe thanLawyers in covetoufnefs and injuftice. 3.And yet this was not a making Lay-men tobe Chancellors that had the power of the Keys! For Silvans. did only appoint Lay-men to' do Lay-mens work; to arbitrate differences : but not toexcommunicate, nor to judge men to excommunication, astheydo now. 4.. And this was not a making of-Eccleíaftical Elders that were notPaftórs : and therefore it is no coun- tenancefor Each : but it was a prudent callingback thatwork on theLai- ty, which good Emperours had in imprudent piety caft upon the Clergy, that each might do his proper work. S.- But this was but one goodBi- flop that was fo wifeandbona.; and therefore it proved no general.refor- n kill., This
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