the Grecians. For otherwise (saith he) in the capitular itself of Theodorus, whence that canon was transcribed, those two words ut Græci, are not to be had ; nor are they also to be had in the second council of Cavaillon, chapter thirty-three, whence Theodorus seemeth to have taken that chapter; neither yet doth the master of the sentences, in his fourth book and seventeenth distinction bringing in the same sentence, add those words ut Græci." But the cardinal's conjecture, of the translating of these words out of the margin into the text of Gratian, is of little worth : seeing we find them expressly laid down in the elder collections of the decrees made by Burchardus and Ivo"; from whence it is evident that Gratian borrowed this whole chapter, as he hath done many a one beside. For, as for the capitular itself of Theodorus, whence the cardinal too boldly affirmeth that canon was transcribed, as if he had looked into the book himself; we are to know that no such capitular of Theodorus is to be found: only Burchardus and Ivo, in whom, as we said, those controverted words are extant, set down this whole chapter as taken out of Theodore's penitential, and so misguided Gratian ; for indeed in Theodorus his penitential, which I did lately transcribe, out of a most ancient copy kept in Sir Robert Cotton's treasury, no part of that chapter can be seen: nor yet any thing else tending to the matter now in hand; this short sentence only excepted, “Confessionem suam Deo soli, si necesse est, licebit agere : it is lawful that confession be made unto God alone, if need require.” And to suppose, as the cardinal doth, that Theodorus should take this chapter out of the second council of Cavaillon, were an idle imagination : seeing it is well known that Theodore died archbishop of Canterbury in the year of our Lord 690 ; and the council of Cavaillon was held in the year 813, that is, one hundred and twenty-three years ifter the other's death. The truth is, he who made the alditions to the capitularia of Charles the great and Ludovicus Pius, gathered by Ansegisus and Benedict, translated this canon out of that council into his collection : which Bellarmine, as it seemeth, having some way heard of, knew not to distinguish between those capitularia, and Theodore's penitential; being herein as negligent as in his allegation of the fourth book of the sentences; where the master doth not bring in this sentence at all, but, having among other questions propounded this also for one, “ Whetherd it be sufficient that a man confess his sins to God alone, or whether he must confess to a priest,” doth thereupon set down the diversity of men's opinions touching that matter; and saith, that “ unto some it seemed to suffice, if confession were made to God only without the judgment of the priest, or the confession of the Church; because David said, I said, I will confess unto the Lord : he saith not, unto the priest; and yet he sheweth that his sin was forgiven him.” For in these points, as the same author had before noted, “ Even the learned were found to hold diversly: because the doctors seemed to deliver divers and almost contrary judgments therein."

* Burchard. decret. lib. 19. cap. 145. b Ivo, decret. part. 15. cap. 155.

The diverse sentences of the doctors touching this question, whether external confession were necessary or not, are at large laid down by Gratian : who in the end leaveth the matter in suspense, and concludeth in this manner : “ Upon' what authorities, or upon what strength of reasons both these opinions are grounded, I have briefly laid open. But to whether of them we should rather cleave, is reserved to the judgment of the reader. For both of them have for their favourers both wise and religious men,” And so the matter rested undetermined

© Addit. 3. cap. 31. edit. Pithæi. et Lindenbrogii.

d Utrum sufficiat peccata confiteri soli Deo, an oporteat confiteri sacerdoti. Quibusdam visum est sufficere, si soli Deo fiat confessio, sine judicio sacerdotali et confessione Ecclesiæ. quia David dixit; Dixi, confitebor Domino, &c. non ait, sacerdoti : et tamen remissum sibi peccatum dicit. Petr. Lombard. lib. 4. sentent. dist. 17.

e In his enim etiam docti diversa sentire inveniuntur : quia super his varia ac pene adversa tradidisse videntur doctores. Ibid.

| Quibus auctoritatibus, vel quibus rationum firmamentis, utraque sententia innitatur, in medium breviter exposuimus. Cui autem harum potius adhærendum sit, lectoris judicio reservatur. Utraque enim fautores habet sapientes et religiosos viros. De pænit. dist. 1. cap. 89. Quamvis.



66 its is

one thousand one hundred and fifty years after Christ; howsoever the Roman correctors of Gratian do tell us, that now the

case is altered, and that most certain, and must be held for most certain, that the sacramental confession of mortal sins is necessary; used in that manner, and at such time, as in the council of Trent after other councils it is appointed.” But the first council, wherein we find any thing determined touching this necessity, is that of Lateran under Innocent the III. wherein we heard that transubstantiation was established : for there it was ordained, that “Omnish utriusque sexus fidelis, every faithful one of either sex, being come to years of discretion, should by himself alone, once in the year at least, faithfully confess his sins unto his own priest; and endeavour according to his strength to fulfil the penance enjoined unto him, receiving reverently at least at Easter the sacrament of the eucharist: otherwise, that both being alive he should be kept from entering into the church, and being dead, should want Christian burial.” Since which determination, Thomas Aquinas, in his exposition of the text of the fourth book of the sentences, holdeth thek denial of the necessity of confession unto salvation to be heresy: which before that time, saith Bonaventure, in his disputations upon the same fourth book, was not heretical; forasmuch as many catholic doctors did hold contrary opinions therein, as appeareth by Gratian.

But Medina will not admit by any means, that it should be accounted strictly heresy: but would have it said, that it savours of heresy. And for this decree of confession to be made once in the year, he saith that “ it" doth not declare nor interpret any divine right of the thing ; but rather appointeth the time of confessing." Durand thinketh that it may be said, that this statute containeth “ an" holy and wholesome exhortation of making confession; and then adjoineth a precept of the receiving of the eucharist, backed with a penalty;” or, if both of them be precepts, that “ the penalty respecteth only the precept of communicating (of the transgression whereof knowledge may be taken), and not the precept of confession ;” of the transgression whereof the Church can take no certain notice, and therefore can appoint no certain penalty for it. But howsoever, this we are sure of, that the canonists afterward held no absolute necessity of obedience to be required therein, as unto a sacramental institution ordained by Christ for obtaining remission of sins; but a canonical obedience only, as unto an useful constitution of the Church. And therefore where Gratian, in his first distinction De pænitentia, had in the thirty-fourth chapter, and the three next following, propounded the allegations which made for them who held, thatP men might obtain pardon for their sins without any oral confession of them; and then proceeded to the authorities which might seem to make for the contrary opinion: Johannes Semeca, at the beginning of that part, upon those words of Gratian, “ Alii e contrario testantur," putteth to this gloss.

& Certissimum est, et pro certissimo habendum, peccati mortalis necessariam esse confessionem sacramentalem, eo modo ac tempore adhibitam, quo in concilio Tridentino post alia concilia est constitutum. Rom. correct. ibid.

h Omnis utriusque sexus fidelis, postquam ad annos discretionis pervenerit, omnia sua solus peccata confiteatur fideliter, saltem semel in anno, proprio sacerdoti ; et injunctam sibi pænitentiam studeat pro viribus adimplere, suscipiens reverenter ad minus in pascha eucharistiæ sacramentum, &c. alioquin et vivens ab ingressu Ecclesiæ arceatur, et moriens Christiana careat sepultura. Concil. Lateran. cap. 21.

i distinct. 17.

* Magister et Gratianus hoc pro opinione ponunt. Sed nunc, post determinationem Ecclesiæ sub Inn. III. factam, hæresis reputanda est. Thom.

1 Ideo dicendum, quod præfata assertio non est stricte hæresis, sed sapit hæresim. Jo. Medina, tractat. 2. de confessione, quæst. 4.

m Nam illud, quod illic dicitur de confessione semel in anno, non procedit declarando, nec divinum jus interpretando ; sed potius tempus confitendi instituendo. Id. ibid. quæst. 2.

In quo præmittitur exhortatio sancta et salubris de confessione facienda, et subjungitur præceptum de perceptione eucharistiæ vallatum pæna. Durand. in lib. 4. sentent. distinct. 17. quæst. 14.

• Et ob hoc posset rationabiliter videri alicui, quod prædicta pæna illius statuti respicit solum præceptum de communione, de cujus transgressione constare potest; et non præceptum de confessione. Id. ibid.

p Unde datur intelligi, quod etiam ore tacente veniam consequi possumuş. De pænit. dist. 1. cap. 34. Convertimini. Vid. initium ejusd. distinct. et glossam, ibid. verb. Sunt enim.

“ From this place, until the section His auctoritatibus, he allegeth for the other part, that sin is not forgiven unto such as are of years, without confession of the mouth, which yet is false :" saith he. But this free dealing of his did so displease friar Manrique, who by the command of Pius Quintus set out a censure upon the glosses of the canon law, that he gave direction these words, " which yet is false,” should be clean blotted out; which direction of his notwithstanding, the Roman correctors under Gregory XIII. did not follow : but, letting the words still stand, give them a check only with this marginal annotation. “Nay' it is most true, that without confession, in desire at least, the sin is not forgiven.”

In like manner, where the same Semeca holdeth it to be the better opinion, that confession was “ ordained by a certain tradition of the universal Church, rather than by the authority of the New or Old Testament;" and inferreth thereupon, that it is necessary among the Latins, but “not among the Greeks, because that tradition did not spread to them ;" friar Manrique commandeth all that passage to be blotted out. But the Roman correctors clap this note upon the margin for an antidote : “Nay", confession was ordained by our Lord, and by God's law is necessary to all that fall into mortal sin after baptism, as well Greeks as Latins:” and for this they quote only the fourteenth session of the council of Trent; where that opinion is accursed in us, which was held two or three hundred years ago by the men of their

9 Ab hoc loco usque ad sec. His auctoritatib. pro alia parte allegat, quod scilicet adulto peccatum non dimittitur fine oris confessione. quod tamen falsum est. Gloss.

" Imo verissimum, sine confessione in voto non dimitti peccatum. Rom. correct. ibid. in marg.

s Melius dicitur eam institutam fuisse a quadam universalis Ecclesiæ traditione, potius quam ex novi vel veteris testamenti auctoritate. Gloss. de pænitent. init. distinct. 5. in pænitentia.

Ergo necessaria est confessio in mortalibus apud nos, apud Græcos non : quia non emanavit apud illos traditio talis. Ibid.

u Imo confessio est instituta a Domino, et est omnibus post baptismum lapsis in mortale peccatum, tam Græcis quam Latinis, jure divino necessaria. Rom. correct. ibid. in marg.


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