Baxter - BV669 B3 1681

l 21 )` This Judicial power went fo far and took up fo much of theClergies time, that the Synod Taraconenf was after this put to Decree, Can. 4, that the Clergy fhouldnot judge Caufes on the Lords day ; and Can. io. that no Bithop or Clergy-man fhould take rewards or bribes for Judg- ments. And theCanons fo deterredChriftians from feeking Jultice from theCi- vil Judicatures, that they had few but Heathens to be Judges of. Yea the Chriftiansthought fo hardlyof the Judges themfefves (forpunifhing men by theSword, when the Bifhóps even for murder it felt did punifh them but with Penance,) that they doubted fometime whether thofe Chriftians that exercifed Magiftracy or Civil Judgment after Baptifme , were not ' therefore to be taken for (inners; as is vifible in Innocent r.his Epifi. to Epift. 3. to Exuper. 7holefan. cap. 3. in Crab. Tom. r. p, 459. And before in Silvefter's Coned. Rom. apud CrabVol. i. p. aSo.Can. 16. itis Decreed [NemoClericusvel Diacoms aut Presbyter propter caufamfoam quats- libee intret in curiaa, mum omnis curia d cruore, dicitur, 0. immolatiofamuda- chrorum eft. uod ftquis Clericusin curium introierit, anathema fufcipiat, min quam rediens admatrem Ecclefam: ACommuniane astern non privatur propter rumpus thrbidum. And C'onfiantine is faid tobe a Subfcriber, with 284 Bi- fhops, 45 Presbyters, and 5 Deacons. And in former Counc. Job Silveff. [NullumClericum antejodicemflare licet.],. I know that Theorems and Grotius defcribenot the Bifhops power as fo largeas the Canonifts do. But Duarenusconfeffeth that Theodolites madea Law, that !Sesames 0.controverfiu:forenfes adjudicium Ecclefia remitteren- tor, ft alter uter litigatorum idpafiularet. Thatallfirifes and controverfes fo- renfickfhould be-remitted to the judgment of the Church, ifeitherof the conten- ders .required it r And that Charles the Great renewed and confirmed the fame Law : Boar: lib. r. p. 3.< And Grotius de ltnper. fum pot. p. 236. faith, This TurifdiCion by confent the Bi(heps received fromConftantine , with fo great power, that it was notlawfit further to' handle any bufinefswhich the Bi- llups fentence had decided;; that is, faith he, remord appellation. And he there fheweth that three fortsofJurifdietion were by. the - Empereurs gi- ven to the Bifhops: r. yore ordinario, and fo they judgedóf all matters'of Religion (and which the Canonsreached, which went-very far in heinous crimes.) a. -Ex confenfu partiuria, when the parties chofe.the Bithop for their Judge (lVid. Concil. Choked. c. 9.) 3.. Ex delegatione: which yet went - further : And evento thePews fuch . kind ofpower had beengranted. But of- thiswhole matterof the Rife of fuch Prelacy, their Courts and power, Pardre Paulus hath fpoken fo -well and truly inhis Hiflot. Concil. Trident. pag.330, 331, &c. that-I would intreatthe Reader te.turn toit and perufe it, as that which plainly fpeaketh our judgmento'fthe Hiftory now in queftion: Read alfò hisHiftory of Benefices. 43.. Thecountenanceof theEmpereur with thefe honour's and immuni ties, havingbrought the World into the Church,. or filled the Churches with Cärnal temporizers, the numbers were now fo gttat; that quickly the great,