a monastery to do penance in private.-12. Of corporal punishment. How far used as a piece of discipline upon the inferior clergy. 1048

CHAPTER V.

A particular account of the crimes for which clergymen were liable to be punished with any of the forementioned kinds of censure.

SECT. 1. All crimes that were punished with excommunication in a layman, punished with suspension or deprivation in the clergy.-2. Some crimes rendered an ordination originally void: and for such crimes the clergy were immediately liable to be degraded, from the very moment of their ordination. As, first, for ignorance or heterodoxy in religion.-3. Secondly, for great immorality before their ordination: and for being ordained against any of the known rules of ordination. As, if he were a digamist, or married to a widow, or to one that had been divorced from another man. If he were ordained aжоλελvμévws, without being fixed to some particular diocese. If he were ordained without letters dimissory against the consent of his own bishop; or without the consent of any of the parties that had a right to vote in his election. If any bishop was ordained, who had before been degraded from his orders. Or if he was ordained into a full see, where another was regularly ordained before him. If any was an energumen, or under the agitation of an evil spirit, when he was ordained. If any had voluntarily mangled his own body. If any one was ordained, who had never been baptized, or not baptized in due form, or was baptized by heretics, or rebaptized by them. If any made use of the secular powers to gain a promotion in the church. If a bishop ordained any of his own unworthy kindred. If a bishop clandestinely ordained his own successor without the consent of the metropolitan or a provincial council; or if two bishops clandestinely ordained a bishop without the consent of their fellow bishops and the metropolitan: in all these cases the clergy so ordained were liable to be deposed for transgressing the rules of ordination.-4. No remedy allowed in this case by doing public penance for offences. For all public penitents were for ever incapable of ordination. And if any such were ordained, they were immediately liable to be deposed and degraded.-5. Some impediments of ordination arising from men's outward state and condition in the world, were also sometimes occasions of deprivation. As if any soldier was

ordained; or any slave or vassal, without the consent of his master; or any member of a civil corporation, or any of the curiales in the Roman government.-6. What crimes might occasion the deprivation of the clergy, or other censures to befall them, in the performance of their office, or rather non-performance of it after ordination. Clergymen to be censured for contempt of the canons in general.-7. More particularly for negligence in their duty.-8. For neglecting to use the public liturgy, Lord's prayer, hymns, &c.-9. For making any alteration in the form of baptism.-10. For not frequenting Divine service daily.-11. For meddling with secular offices.-12. For deserting their own church without licence, to go to another.-13. For officiating after the condemnation of a synod.-14. For appealing from the censure of a provincial synod to any foreign churches.-15. For refusing to end controversies before bishops, and flying to a secular tribunal. -16. For suffering themselves to be rebaptized, or reordained.-17. For denying themselves to be clergymen.-18. For publishing apocryphal books.-19. For superstitious abstinence from flesh, wine, &c.-20. For eating of blood.-21. For contemning the fasts or festivals of the church.-22. For not observing the rule about Easter.-23. For wearing an indecent habit.24. For keeping hawks or hounds, and following any unlawful diversions.-25. For suspicious cohabitation with strange women.-26. For marrying after ordination.-27. For retaining an adulterous wife.-28. For non-residence.-29. For attempting to hold preferment in two dioceses.-30. For needless frequenting of public inns and taverns.-31. For conversing familiarly with Jews, heretics, or Gentile philosophers.-32. For using over-rigorous severity toward lapsers.-33. For want of charity to indigent clergymen in their necessity. -34. For judging in cases of blood.-35. Crimes for which bishops in particular might be suspended or degraded. For giving ordinations contrary to the canons. -36. For neglecting to put the laws of discipline in execution.-37. For dividing their diocese, and erecting new bishoprics without leave or for extending their claim to other men's rights beyond their own limits and jurisdiction.-38. For not attending provincial councils.-39. For oppressing the people with unjust exactions.-40. For harbouring such as fled from another diocese without leave.-41. Chorepiscopi might be censured for acting beyond their commission.-42. And presbyters for usurping upon the episcopal office. -43. And deacons for assuming offices and privileges above their order and station. 1053

CHAPTER II.

Of the ceremonies used in admitting penitents to do public penance, and the manner of performing public penance in the church.

SECT. 1. Penitents first admitted to penance by imposi tion of hands.-2. At which time they were obliged to appear before the bishop with sackcloth and ashes upon their head. This ceremony anciently not confined to Ash-Wednesday, or the beginning of Lent, but persons were admitted to penance at any time, as the bishop judged most proper in his own discretion.-3. Penitents obliged to cut off their hair, or go veiled, as

another token of sorrow and mourning.-4. Penitents to abstain from bathing and feasting, and other innocent diversions of life.-5. Penitents to observe all the public fasts of the church.-6. Penitents to restrain themselves in the use of the conjugal state.-7. For which reason no married persons were admitted to penance, but by consent of both parties.-8. Penitents not allowed to marry in the time of their penance. -9. Penitents obliged to pray kneeling, whilst others prayed standing, on all festivals and days of relaxation. 10. Penitents obliged to show great liberality to the poor.-11. And to minister and serve the church in burying the dead. 1071

CHAPTER III.

A particular account of the exomologesis, or penitential confession of the ancient church; showing it to be a different thing from the private or auricular confession introduced by the church of Rome.

SECT. 1. The gross mistake of those, who make the exomologesis of the ancient church to signify auricular confession.-2. No necessity of auricular confession ever urged by the ancient church.-3. This proved further from the practice of the ancients in denying all manner of absolution to some relapsing sinners, without excluding them from the mercy and pardon of God, upon confession to him alone.-4. And from above twenty considerations of the lkie nature.-5. Yet private confession allowed and encouraged in some cases. As, first, For lesser sins, men were advised mutually to confess to one another, to have each other's prayers and assistance.-6. Secondly, In case of injuries done to private persons, men were obliged to confess and ask pardon of the injured party.-7. Thirdly, When they were under any troubles of conscience, they were advised to make private confession to a minister, to have his counsel and direction.-8.

Fourthly, To take his advice also, whether it was proper to do public penance for private offences.-9. Fifthly, When there was any danger of death arising from the laws of the state against certain offences.10. Sixthly, Private confession was also required in case of private admonition for offences.-11. The office of the penitentiary priest set up in many churches to receive and regulate such private confessions.-12. This office was afterwards abrogated in the East by Nectarius, and men were left to their liberty as to what concerned private confession. 1074

CHAPTER IV.

Of the great rigour, strictness, and severity of the discipline and penance of the ancient church.

SECT. 1. Public penance ordinarily allowed but once to any sort of sinners.-2. Some sinners held under a strict penance all their lives to the very hour of death. -3. Such as were absolved upon a death-bed, were obliged to perform their ordinary penance, if they recovered. 4. Some sinners were denied communion at their last hour.-5. How this may be vindicated and cleared from the charge of Novatianism.-6. This rigour abated in after ages, without any reflection on the preceding practice.-7. What liberty was allowed to bishops in imposing of penance, and exacting proper satisfaction of sinners. Some sinners allowed to do penance twice.-8. Bishops had also power to moderate the term of penance upon just occasion.— 9. And this was the true ancient notion of an indulgence.-10. Which was sometimes granted at the intercession of the martyrs, or the instance of the civil magistrate.-11. Bishops had also a power to alter the nature of the penalty in some measure, as well as the term of it.-12. What the ancients mean by the term, legitima pœnitentia. 13. What meant by the phrase, inter hyemantes orare. 1084

CHAPTER I.

Of the nature of absolution, and the several sorts of it; more particularly of such as relate to the penitential discipline of the church.

SECT. 1. All church absolution only ministerial, not absolute.-2. Of the grand absolution of baptism. That this was of no use in penitential discipline to persons once baptized.-3. Of the absolution granted by the eucharist.-4. Of absolution declaratory and effective by the administration of the word and doctrine.-5. Of the precatory absolution given by imposition of hands and prayer.-6. Of the judicial absolution of penitents, by restoring them to the peace and full communion of the church. 1095

CHAPTER II.

Of the circumstances, rites, and customs anciently observed in the public absolution of sinners.

SECT. 1. No sinners anciently absolved, till they had performed their regular penance, except in case of imminent death.-2. Penitents publicly reconciled in sackcloth at the altar.-3. Sometimes more publicly before the apsis or reading-desk.-4. Absolution at

-

the altar always given in a supplicatory form by imposition of hands and prayer. 5. Absolution in the indicative form, Ego te absolvo, not used till the twelfth century.-6. In what sense that form may be allowed. -7. Why chrism or unction was sometimes added to imposition of hands in the reconciliation of certain heretics and schismatics to the church.-8. Why some heretics could be reconciled no other way but by a new baptism.-9.. What conditions were required of those, who fell from the church into any heresy or schism, when they were reconciled to the church again.-10. Of the time of absolution.-11. How the church absolved some penitents, and received them into communion after death. 1101

CHAPTER III.

Of the minister of ecclesiastical discipline, and particularly of the minister of absolution.

SECT. 1. All the power of discipline primarily lodged in the hands of the bishop.-2. This in many cases committed to presbyters, either by a general or particular commission.-3. And to deacons also.-4. How far, and in what sense, absolution might be said to be given by a layman. 1108

Of the distinction to be made between civil and
ecclesiastical festivals.

SECT. 1. What meant by the civil festivals.-2. Of the feriæ æstive, or thirty days of vacation in the harvest month, and the feriæ autumnales.-3. Of the calends of January.-4. Of the emperors' birthdays.-5. Of the natales urbium, or the two feria in memory of the foundation of Rome and Constantinople. . Î132

CHAPTER II.

Of the original and observation of the Lord's day among Christians.

SECT. 1. The Lord's day of continued observation in the church from the days of the apostles, under the names of Sunday, the Lord's day, the first day of the week, and the day of breaking bread, &c.-2. All proceedings at law forbidden and suspended on this day, except such as were of absolute necessity or great charity; as manumission of slaves, &c.-3. All secular business forbidden, except such as necessity or charity compelled men to, as gathering of their fruits in harvest, by some laws.-4. No public games, or shows, or ludicrous recreations on this day.-5. All fasting prohibited on this day, even in the time of Lent.6. And all prayers offered in the standing posture on the Lord's day, in memory of our Saviour's resurrection.-7. The great care and concern of the primitive Christians in the religious observation of the Lord's day. This demonstrated, first, From their constant attendance upon all the solemnities of public worship.-8. Secondly, From their zeal in frequenting religious assemblies even in times of persecution.-9. Thirdly, From their studious observation of the vigils or nocturnal assemblies preceding the Lord's day.10. Fourthly, From their attendance upon sermons in many places twice on this day.-11. Fifthly, From their attendance on evening prayers where there was no sermon.-12. Sixthly, From the censures inflicted on those who violated the laws concerning the religious observation of the Lord's day. 1135

CHAPTER III.

Of the observation of the sabbath, or Saturday, as a weekly festival.

SECT. 1. The Saturday, or sabbath, always observed in the Eastern church as a festival.-2. Observed with the same religious solemnities as the Lord's day.-3. But in some other respects the preference was given to the Lord's day.-4. Why the ancient church continued the observation of the Jewish sabbath.-5. Why it was kept as a festival in the Oriental church. -6. And why a fast in the Roman, and some other of the Latin churches. 1147

CHAPTER IV.

Of the festival of Christ's Nativity and Epiphany. SECT. 1. The nativity of Christ anciently by some said to be in May.-2. By others, fixed to the day of Epiphany, or sixth of January.-3. In the Latin church always observed on the twenty-fifth of December.-4. The original of this festival derived from the apostolical age by some ancient writers.-5. This festival observed with the same religious veneration as the Lord's day.-6. Of Epiphany as a distinct festi-. val.-7. Why this day called by some the second Epiphany, and dies luminum, the day of lights.-8. Celebrated as all other great festivals, and in one respect more noted, as being in the Greek church one of the three solemn times of baptism.- 9. Notice usually given on Epiphany concerning the time of Easter in the ensuing year. 1151

CHAPTER V.

Of Easter, or the Paschal festival.

SECT. 1. The Paschal solemnity anciently reckoned fifteen days, the whole week before and the week after Easter Sunday.-2. Great disputes in the church concerning this festival, some observing it on a fixed day every year. 3. Others observing it, with the Jews, on the fourteenth day of the moon, whatever day of the week that happened upon.-4. They who kept it on the Lord's day did not always agree to fix it on the same Lord's day, by reason of their different calculations.-5. But they all agreed to pay a great respect and honour to it, as to the day of our Lord's resurrection.-6. On this day the emperors granted a general release to the prisons, and pardoned all criminals, except some few that were guilty of crimes of a more unpardonable nature.-7. At this time also it was usual more than ordinary for men to show their charity to slaves by granting them their freedom.-8. And to the poor by liberal donations.-9. The whole week after Easter-day celebrated with sermons, communions, &c., as part of the same festival.-10. All public games prohibited during this whole season.11. And all proceedings at law, except in some special and extraordinary cases. — - 12. The Sunday after Easter, commonly called Dominica nova, and Dominica in albis, observed with great solemnity as the conclusion of the Paschal festival. . . 1157

tion of our Lord's resurrection.-3. All fasting and kneeling at prayers prohibited at this season, as on the Lord's day.-4. And all public games and stageplays; but not pleading at law forbidden, or bodily labour.-5. Of Ascension-day, its antiquity and observation.-6. Of Pentecost in the stricter sense, as denoting the festival of the descent of the Holy Ghost upon the apostles. . 1167

CHAPTER VII.

Of the festivals of the apostles and martyrs. SECT. 1.-The original of the festivals of martyrs.-2. Why called their natalitia or birthdays.-3. These festivals usually kept at the graves of the martyrs.-4. And mostly confined to those particular churches where the martyrs suffered and lay buried.-5. Usual to read the acts or passions of the martyrs on their proper festivals.-6. And to make panegyrical orations upon them.-7. The communion always administered upon these days.-8. And herein a particular commemoration of the martyrs was made, called the oblation or sacrifice of praise and thanksgiving to God for

them, and prayer for a general consummation and happy resurrection.-9. The night preceding any of these festivals commonly observed as a vigil, with psalmody and prayers.-10. Common entertainments made by the rich for the use of the poor upon these festivals at the graves of the martyrs, till abuses caused them to be laid aside.-11. What festivals observed in memory of the apostles.-12. The festival of the Holy Innocents.-13. The festival of the Maccabees.14. Of the general festival of all the martyrs. . 1171

CHAPTER VIII.

Of some other festivals of a later date and lesser observation..

SECT. 1.-Of the encania, or feasts of dedications of churches.-2. Of the anniversary festivals of bishops' ordinations.-3. Of festivals kept in memory of any great deliverances or signal mercies vouchsafed by God to his church.-4. Of the feast of the Annunciation. -5. Of the festival called Hypapante, afterward Purification, and Candlemas-day.-6. The original of festivals in honour of confessors and other holy men. 1179

CHAPTER I.

Of the quadragesimal or Lent fast.

SECT. 1. What this fast was originally, forty days or forty hours.-2. Some probability that at first it was only a fast of forty hours, or the two days from the passion to the resurrection.-3. Great variety in point of time observable in the celebration of this fast in many churches.-4. Lent consisted not of above thirtysix fasting days in any church till the time of Gregory the Great, because all Sundays were universally excepted out of the fast, and all Saturdays except one in all the Eastern churches. - 5. Who first added Ash Wednesday and the other three days in the Roman church to the beginning of Lent. 6. Whether the ancients reputed Lent to be an apostolical institution. -7. In what sense some of them say it is a Divine institution.-8. How far allowed to be a tradition or canon apostolical.-9. What were the causes or reasons of instituting the Lent fast. First, The apostles' sorrow for the loss of their Master.-10. Secondly, The declension of Christian piety from its first and primitive fervour.-11. Thirdly, That men might prepare themselves for a worthy participation of the communion at Easter.-12. Fourthly, That catechumens might prepare themselves for baptism.-13. And penitents for absolution at Easter.-14. Lent generally observed by all Christians, though with a great liberty and just allowance to men's infirmities, being in a great measure left to their own discretion.-15. How the Montanists differed from the church about the imposition of fasts.-16. The Lent fast kept with a perfect abstinence from all food every day till evening.17. Change of diet not accounted a proper fast for Lent, without perfect abstinence till evening. — 18. What they spared in a dinner, not spent in evening luxury, but bestowed on the poor.-19. All corporeal punishments forbidden by the imperial laws in Lent.20. Religious assemblies and sermons every day in Lent.-21. And frequent communions, especially on the sabbath and the Lord's day.-22. All public games and stage-plays prohibited at this season.--23. As also

the celebration of all festivals, birthdays, and marriages, as unsuitable to the present occasion.-24. The great week before Easter observed with greater strictness and solemnity.-25. What meant by the fasts, called Tepléσtis, and superpositiones, superpository or additional fasts in this week. -26. Christians more liberal in their alms and charity this week above others.-27. This week a week of rest and liberty for servants.-28. A general release granted at this time by the emperors to all prisoners, both debtors and criminals, some particular cases of criminals only excepted.-29. All processes at law, as well civil as cri- . minal, suspended this whole week before Easter.-30. The Thursday in this week, how observed.-31. Of the Passion day, or the Pasch of our Lord's crucifixion.-32. Of the Saturday, or great sabbath, before Easter. 1183

CHAPTER II.

Of the fasts of the four seasons; of monthly fasts, and the original of Ember weeks and Rogation days. SECT. 1. The fast of March, or the first month, the same with the Lent fast.-2. The fast of Pentecost.-3. The fast of the seventh month, or the autumnal fast.-4. The Advent or Nativity fast, called the fast of December, or the tenth month.-5. The fast at Epiphany. -6. Of monthly fasts.-7. The original of the four Ember weeks, or ordination fasts.-8. The original of the Rogation fast. 1200

CHAPTER III.

Of the weekly fasts of Wednesdays and Fridays, or the stationary days of the ancient church.

SECT. 1. The original of these fasts.-2. The reasons of their institution.-3. How they differed from the Lent fasts and all others in point of duration.-4. With what solemnity they were observed.-5. How the catholics and Montanists disputed about the observation of them.-6. How the Wednesday fast came to be changed to Saturday in the Western churches. 1203

CHAPTER I.

A short account of the heretics who condemned or vilified marriage anciently, under pretence of greater purity and perfection; and of such also as gave licence to community of wives and fornication.

SECT. 1. Community of wives first taught by Simon Magus.-2. Afterward by Saturnilus, and the Nicolaitans, and many others.-3. Hence arose the calumny of the Gentiles against the Christians in general, that they practised impurity in their religious assemblies.4. These doctrines being fetched from the very dregs of Gentilism, and scandalous in the eyes of sober heathens.-5. Marriage condemned as unlawful by Tatian and the Encratites.-6. Also by the Apostolici or Apotactici.-7. By the Manichees, Severians, and Archontici.-8. By the Hieracians, and Eustathians.-9. Who were condemned in the council of Gangra, and those called the Apostolical Canons.-10. The error of the Montanists about second marriages; and of the Novatians also. 1207

CHAPTER II.

Of the just impediments of marriage in particular cases, showing, what persons might or might not be lawfully joined together; and of the times and seasons when the celebration of marriage was forbidden.

SECT. 1. Christians not to marry with infidels, or Jews, or heretics, or any of a different religion. 2. All Christians obliged to acquaint the church with their designs of marriage before they completed it.-3. Not. to marry with persons of near alliance, either by consanguinity or affinity, to avoid suspicion of incest.4. Children under age not to marry without the consent of their parents, or guardians, or next relations. - 5. Slaves not to marry without consent of their masters. -6. Persons of superior rank not to marry slaves.7. Judges of provinces not to marry any provincial woman, during the year of their administration.-8. Widows not to marry again till twelve months after their husband's death.-9. Women not to marry in the absence of their husbands, till they were certified of their death.-10. Guardians not to marry orphans in their minority, till their guardianship was ended.—11. When first the prohibition of spiritual relations marrying one with another came in.-12. Whether a man might marry after a lawful divorce.-13. Whether an adulterer might marry an adulteress, whom he had defiled, after the death of her husband.-14. The celebration of marriage forbidden in Lent.

1211

CHAPTER III.

Of the manner of making espousals preceding marriage in the ancient church.

SECT. 1. How the sponsalia or espousals differed from marriage.-2. Free consent of parties necessary in espousals.-3. The contract of espousals usually testified by gifts, called arræ, or donationes sponsalitiæ, which were sometimes mutually given and received both by the man and woman.-4. These donations to be entered into public acts, and set upon record.-5. The contract further testified by giving and receiving of a ring.-6. And by a solemn kiss, and joining of hands.-7. And by settling of a dowry in writing.-8. And by transacting the whole affair before a competent number of witnesses.-9. How far the obligation of espousals extended.-10. Whether they were simply and absolutely necessary to precede a just and legal marriage.. 1223

CHAPTER IV.

Of the manner of celebrating marriage in the ancient church.

SECT. 1. The solemnities of marriage between Christians usually celebrated by the ministers of the church from the beginning.-2. In what cases it might happen to be otherwise.-3. How the primitive practice was revived when it came to be neglected.-4. Other ceremonies used in marriage, as joining of hands and veiling.-5. Untying the woman's hair.-6. Crowning the new-married couple with crowns or garlands.-7. Carrying the bride home to the bridegroom's house; how far necessary in some cases of law.-8. How far the marriage pomp was allowed or disallowed by the ancient fathers. 1229

CHAPTER V.

Of divorces: how far they were allowed or disallowed by the ancient Christians.

SECT. 1. The ancients divided about the sense of fornication. Some taking it only for carnal fornication, and making it the only just cause of divorce.-2. Others took it to imply spiritual fornication, that is, idolatry and apostacy from God, and other crimes of the like nature.-3. This later opinion from the time of Constantine much countenanced by the laws of the state. First, By Constantine himself. - 4. Then by Honorius. 5. And Theodosius junior. - 6. And Valentinian III.-7. And Anastasius.-8. And Justinian. 1235

CHAPTER I.

Of cemeteries, or burying-places; with an inquiry, how and when the custom of burying in churches first came in.

SECT. 1. A cemetery a common name for a buryingplace and a church. How this came to pass.-2. No burying-places in cities or churches for the first three hundred years.-3. But either in monuments erected by the public ways, or in vaults and catacombs in the