FIRST CHAPTER. The trw state of the question, Concerning the best kinde af Confessors, plainly sett down.

THERE be two kindes of lawfull Confes­sors, the one hath pastorall charge of the souls of his Penitents, the other, hath no such charge. S. Bo­nauen­turae d [...] pauper. Christi p. 422.. S. Tho­mas 2. 2. q. 188. art. 4. Bellar. l. 2. d [...] Mona­chis. c. 45. Rodri­ques to. 1. q. 35. art. [...]. Now the question is, whe­ther of these two kindes of Confessors, is, (of it self) the better, that is, more for the glorie of God, more for the spirituall good, and merit of the Confessor himself, and also for the greater spirituall profit of the Penitents souls I say (of it self) because I consider these [Page 10] d [...]fferent functions, onely in themselues, abstracting from the different persons, in which they are, and also fron their di­ferent qualities, of learning, vertue discretion, and such like, or (if you will) supposing these two different kindes of Con­fessors, to be equall, or not much vnequall, for learning, vertue, discretion, and such, like qualities, fitt to be in the persons of lawfull Confessors. And these two different Con­fessors Inwhat all good Confes­sors a­gree. agree in that, that both are approued of the Church, both haue lawfull power or au­thoritie to absolue their Peni­tents, and the absolution of both is valid and vndoubted, and allso both ought to receiue their functions, and. execute them for the loue of God, and good of their Penitents; but [Page 11] they differ in manie other and weightie points, as shall herea­fter appeare, for which the one kinde is iustly to be preferred before the other.

SECOND CHAPTER. That the comparing of the sayd two different kindes of Confes­sors, ought not to be offensiue to anye good Priest, or Catholick, but rather gratefull.

THat the comparing of the two said kindes of Confessors, ought not to be offensiue to anye good. Priest or Catholik, is euident. First, because (as I sayd) I com­pare I. onely the sayd different functions in themselues, not touching any persons or state of Preists. Secondly, because II. it much importeth both for [Page 12] Priests and Catholiks to know what kinde of Confessors are the best, that both, they may become the best kinde of Con­fessors, and theise, vse the best. Thirdly, because Diuines III. S. Thom. 2. 2. q. 187. art. 8. vsually compare the states of Curats, and regulars, without offence of anye: of which comparison, thus wri­teth Suarez: tom. 3. de relig. lib. 1. c. 18. It is blameless, if it be wise­ly and modestly handled, and it be Com­parison o' Con­fessors, bess, of­fensiue then the compa­rison of Curats and Regu­lars. considered, that the comparison is made, not between their persons or descrts, but between their sta [...]es and conditions, or, as S. Thomas speaketh, the comparison is made for the kinde of the worke, not for the charitie of the worker, as Christ Luke [...] preferreth the contempla­tiue life, before the actiue. And yet this comparison of Curats and Regulars, is not made for [Page 13] the greater good of a third, as we compare the sayd different Confessors for the greater good of the Penitents, but meerly to shew, which of their states is in it self, better and perfecter. If therefor this com­parison of different kindes of Confessors, be handled dis­creetly and modestly (as it shall be of me) it will be more bla­meles, then that of Curats and Regulars. Fourthly, because IV. all sorts of Priests in Countryes that are not Catholik (as En­gland is not) or in Countryes, Where there is great scarcitye of Priests, as in the Indyes, are capable of both these fun­ctions of Confessors; and some Regulars S. Thom. 2. 2 q. 184. art. 7. are, euen in Ca­tholik Countryes, and where there is no scarcitie of Priests, Confessors with charge of [Page 14] souls, as others are withont such charge. And if Regular Priests in England, will vnder­take the burden, they may haue pastorall charge of their Penitents souls, as well as others, Fiftly, because no man carefull of his health, would be offended to haue shewed vnto him, what kinde of Sur­geon or Physitian, to witt, a Gallenist, or Paracelsian, is better for him, and why should any Penitent carefull of the good of his soule, take it ill, that the like should be shewed to him of his spirituall Physi­tian, who is his Confessor? If therefor any take it ill, that it be shewed, what kinde of Confessor is the best for the glorie of God, and good of souls, he sheweth therereby, that he is not desirous of the [Page 15] greater glory of God, and grea­ter spirituall profitt of souls, of which I hope no good Priest, or Catholik in England, is guiltie. Lastly because I, being Pastor of the Catholiks in England, as P. Vrban VIII. in his Breue to me An. 1626. in expres termes calleth me, ought to shew them al the best means I can, for the good of their soules, and in doing so, none can be iustly offended, for I doe but may dutie, and what I am bound to doe. And also (though vnworthie) I am one of those of whome our Sauiour said: who heareth you, heareth me, who despiseth you, despiseth me.

THIRD CHAPTER. That it much importeth, both Priests, and Lay Catholiks, to know, which is the best kinde of Confessors.

1. THat it greatly impor­teth Priests, for to know, which is the best kinde of Con­fessors, is euident. First, be­cause thereby they may know, what kinde of Confessors are most pleasing to God, doe me­rit more to themselues and do also more good to their Peni­tents. Secondly, because Priests are dispēsers of the my­steries of God, and it impor­teth them to know, who are the best dispensers of such great matters. Thirdly be­cause Confessors are spirituall [Page 17] Physitians of their Penitents, and it much importeth Physi­tians, both for themselues, and for their Patients, to be the most able to cure their Pa­tients,

2. That it also greatly im­porteth Penitents, to know who are the best kinde of Con­fessors, is likewise euident. First, because (as is sayd) Con­fessors are their spirituall Phisi­tians, who must cure their spi­rituall diseases. Secondly, be­cause the Church counseleth her children to chuse the best kinde of Confessor they can, De Paenitent. D. 1. c. 88. and d. 6. c. 1. where Nauarre in C. Placuit, sayth: The meaning of the Canon is, to counsel, that by what way soeuer a Penitent can iustly, he should seek the best Priests. See him there §. Quod [Page 18] autem. Thirdly, because (as is a foresayd) the Church pro­fesseth, that one of the best meanes she hath to keep men from vice, and to driue them to vertue, is Confession and surely the best meanes to the best Confession, is the best kinde of Confessor, as t [...]e best meanes to be cured is to gett the best Physitian.

FORTH CHAPTER. That a Confessor, who hath Pa­storall charge of the souls of Penitents, is better, then one, who hath no such charge, proued by their different Institutors.

THe first proof, that à Confessor, who hath pa­storall charge of souls, is, caete­ris paribus, better, then one who hath no such charge, I will [Page 19] take from their different Insti­tutors. For Christ himselfe im­mediatly instituted Confessors with pastorall charge of souls, as is euident out of S. Iohn chapt. 20. v. 23. where he sayth to his Apostles, and in them to their successors. Take the Holy Ghost, whose sinns you shall re­mitt they are remitted; and whose you shall retaine, they are retained. Now the Apos­tles were, and their suc­cessors are, Confessors with pastorall charge of souls. But that Christ immediatly insti­tuted Confessors without char­ge of souls, we neither finde in scripture, nor in Tradition: but theise were instituted by the Church, as S. Thomas teacheth in these words 22. q. 188. art. 4. It was requisit, that beside the ordinary Prelats, others [Page 20] should be assumed to such offices. Where he doth not say, that Confessors without charge of souls were necessary, but one­ly requisit, nor that they were immediatly instituted by Christ, as ordinary Prelats are, but assumed, to witt, by the Church. Secondly, because Christ instituted no [...]ther Con­fessors but the Apostles and the 72. Disciples: but both theise, doubtles had charge of soules. And surely, that kinde of Cō ­fessor is (of himself, and caeteris paribus) better, who is imme­diatly instituted by God, and with whome God will more concurre, then that kinde of Confessor, who is not so insti­tuted. For it cannot be doub­ted, but that he will more concurre with such kinde of Confessors, as himself imme­diatly [Page 21] instituted, thē with such, as are instituted by others.

FIFTH CHAPTER. That a Confessor with charge of soules, is better, then one with­out such charge, proued by the different ends of their Insti­tution.

THat a Confessor with charge of soules, is (of himself and caeteris paribus) better, then one without such charge, I proue by the diffe­rent ends for which they were instituted For Confessors with charge of souls, were instituted for themselues, as necessary of­ficiers for the remission of mens sinns, as is euident by Christs words cited in the for­mer chapter. For Christ hauing [Page 22] instituted the Sacrament of Pennance, he must needes in­stitute purposely officers for the administring thereof, as were the Apostles and their Successors. But Confessors without charge of souls, were not instituted purposely and for themselues; but by acci­dent, and for some other cause, to witt, as S. Thomas 2. 2. q. 188. art. 4. sayeth, in the place cited in the former chapter, for the multitude of the faithfull, and for the difficulty of finding sufficient persons for all people. And the same say Alber­tus Magnus, and S. Bonauen­ture, cited by Dionysius Car­thusianus in 4. d. 17. q. 6. and it is euident. But doubtles, those Confessors, are (of themselues, and caeteris paribus) better, that is, more for the glorie of God, and good of souls, who are in­stituted [Page 23] immediatly by God himself, and purposely for themselues, as proper mini­sters of the Sacrament of pen­nance, then those, who are instituted of the Church, nor yett nether purposely for thē ­selues, but for other occasions, and if which occasions had not been, would neuer haue been instituted, as none such were instituted til about some foure hundred years agoe.

SIXT CHAPTER. That a Confessor with charge of fouls, is better, then one with­out it, proued by Gods binding to Confess to the one, and not to the others.

1. THe third proof, that a Confessor with charge [Page 24] of the soule of his Penitents, is better, that is, more for the glorie of God, and good of souls, then a Confessor with­out such charge, I will take from that God bindeth to con­fess to the one, and not to the other. For that God hath com­manded to confess our sinns to some kinde of Confessors, I suppose as a point of Fayth. And he hauing instituted Confessors with charge of souls, and none without such charge, as I shewed before, his command must needs be vn­derstood of Confessors with charge of souls, and not of others. For the Councel of Trent. sess. 14. c. 5. and all Ca­tholicks, doe inferre, that be­cause Christ instituted the Apostles and their successors, Iudges of sinns, for to remitt [Page 25] retain them, therewithall he bound men to confess their sinns to them, because they could not iudge of whar they knew not. But he did not binde vs to confess to such, as himself did not institute iudges of sinns. And hereupon Sotus in 4. dist. 18. q. 4. art. 2. sayth The Canon (of yeatly Confession to ones proper Priest who hath care of souls) did but add the Gods cōmand to Con­fess to ones proper Priest. yearly time to the diuine command. And it would neuer haue restrai­ned confession to a proper Priest, vnless it had vnderstood, that it was a diuine precept, and allwayes obserued in the Church. And he addeth ibidē: That this restraint to cōfess to ones proper Priest, is euā ­gelicall. So plainly he sayeth, that to confess to ones proper Priest who hath charge of soules, is diuine, and Euange­licall. [Page 26] Bellarmin allso lib. 3. de Poenitent. c. 13. ans [...]ering to this obiection of Caluin: the obligation of Confession is but humain; because it was made in the Councell of Lateran, sayeth; That the Councell did onely determin the time: and if all that command of cōfessing to ones proper Priest, be di­uine, beside the time, then obligation if self to confess to ones. Proper Priest, is di­uine. And if it be a diuine precept to confess to ones pro­per Priest; who hath charge of souls, and not to confess to an other, who hath not such charge of souls, surely it is of itself better to confess to him, then to anie other, because in confessing to him, we doe an act of obedience to Gods com­mand, which we doe not, in [Page 27] confession to others, to whom­he commandeth vs not to confess. And obedience is so gratefull to God, as he pre­ferreth a 1. Re­g [...]m. c. 13. it before sacrifice. And it were a maruell, if anie who exhorte to obedience to man, should dehorte from obediēce to God.

2. If any obiect, that if it be a diuine precept, to confess to ones proper Priest, that then it will follow, that cuer more we must confess to him, and neuer to others. I answer, that this will not follow, because though God commandeth vs to cōfess to our proper Priests, yet he fobiddeth not vs to confess to others, when there is iust cause: but it will follow, that we must not confess to others without iust cause, as diuines Na­uarre man. teach. For diuine affir­matiue [Page 28] precepts, doe binde al­wayes, praelud. 9. Sotus l. 10. de Iure 43. arr. 1. Azon. tom. 2. lib. 7. c. 4. Ga­mach. de Poe nit. c. 18. but not for alwayes, to witt, when there is iust cause to the contrary. And which is iust cause, and where there is iust causs, pertaineth to the Church to determine, and to her de­termination we ought to stand, she being the pillar and ground of truth, and taught all truth by the Holy Ghost. And that she had iust cause to dispense herein, appeareth by the fore­sayd words of S. Thomas, that the multitude of Penitents was too great for to confesse onely to their proper Priests, and that it was hard to finde sufficient proper Priests for all places. In which cases (doubless) the af­firmatiue diuine precept of confessing to proper Priests who haue charge of the souls of their Penitents, doth not binde.

SEVENTH CHAPTER. That is better for Penitents to con­fess to Priests who haue charge of their souls, then to thers, proued by the ends for which God in­stituted Conf [...]ssion.

1. THe fourth proof, that it is better for the Peni­tent, to consess to a Priest, who hath charge of his soul, then to others, I take from the ends, for which God instituted Con­fession, of sinns. For one espe­ciall end, for which he institu­ted Confession, was, that such as had charge of souls, might therby better know the estate of the souls, whereof they haue charge (as corporalle Physi­tians know the estate of their [Page 30] Patients by their telling it) and thereby might be the better able to help them. And to this purpose, it is sayd Prouerb. 27. Diligently know the face of thy sheep: whereupon S. Thomas opusc. 18. c. 4. sayeth; That be­longeth A prin­cipall end of Con­fession, is to be well know­ne of the Pa­stor. to care of souls, which is sayd Prouerb. 27. Diligently know the face of thy sheep, which espe­cially is done, by hearing Conf [...]s­sions. And Sotus in 4. d. 18. q. 4. art. 2. To Confess to ones proper priest is euangelicall and profitable to the souls of the people, that the Pastor may know the sheep, as Christ sayeth, and be knowne by thē. Ibid. Among the laws of feeding, that is an especiall one, which is exercised in the sacrament of pen­nance. And d. 20. q. 1. art 5. Seing the greatest knowledge and iugement of the flock, is gotten by sacramentall Confession, in this [Page 31] sacrament especially, it is not con­uenient, that it be free for euery one to goe to what Priest he will, but that euery one be bound to his proper Priest, so as he confess but to him, or to another, by his leaue. And lib. 10. de Iure &c. q. 3. art. 1. It is the nature, care, and fide­lity of a good Pastor, that he and his sheep know well one an other. Azor. tom. 2. l. 7. c. 4. A Pastor knoweth his sheep, and leadeth them to pasture, and sheep know the voyce of their Pastor. A pastor all so must goe before his flock, and know the face of his sheep. Nei­ther doth it onely belong to a Pa­stor to offer sacrifice for his sheep, to preach and giue them the sacra­ments, but allso he must watch vpon his flock, visit his sheep and know their faces. Well sayd Sa­lomon; Diligently know the face of thy sheep. Bellarmin. l. 3. de [Page 32] Poenitent. c. 12. Pastors, by Con­fession, know the diseases of their sheep, and by that meanes, can apply conuenient remedies to euery one in particular, and also, in pu­blick sermons, reprehend those vices, to which they know their flock to be most subiect. And Hen­riquez de Poenit. l. 2. c. 16. Cu­rats, for to know the face of their sheep, may compell them to fullfill the precepts of yearly Confessiō and Communion. See Gamach de Paenitent. c. 18. n. 59. I add also. that the Councel of Trent. sess. 25. c. 1. sayth. By diuine precept, all who haue charge of souls, must know their sheep. And the Ex­trauagant C. Saluatos: Pastors must see the faces of euery one. Out of all which it is euident, that by commandement of God, all Pastors must diligent­ly know the faces of their [Page 33] sheep; and also, that this dili­gent knowledge is cheefly got­ten by hearing their Confes­sions, so that, one end of the Penitents confession, is to lett his Pastor know the face and estate of his sheep. Which end they fullfill, who confess to their Pastor; and they fru­strate, who confess not to him, but to others. And doubtless, they doe better, who fullfill so cheef an end of confession, then they, who frustrate it.

2. An other end of Con­fession, is shame or confusion of our selues, which God would haue vs to vndergoe., both for to restrain vs thereby from sinning, and allso for to make thereby some satisfa­ction to him, whome we dis­honored and disgraced by our sinning. And commonly men [Page 34] haue greater shame, to confess to their proper Priest, with whom they vsually conuerse, then to others, whom they chuse of themselues, and ei­ther liue not with them, or sel­dom see them. And shame in Conftssion, is a great part of pennance, and of satisfaction for our sinns, and a great bridle to committ them no more. P. Shame a great part of Pen­nance. Innocent 4. C. Etsi animarum: Shame is a great parte of Pen­nance. P. Benedict. C. Inter cunctos: Shame is a great part of pennance. The Catechisme ad Parochos cap. de Paenitent. sect. 32, Shame of confessing, doth as it were bridle the desire of offen­ding, and withold wickedness. And Bellarmin. lib. 3. de Paeni­tent. c. 12. The shame which we suffer in confessing, is a part of sa­tisfaction. So that, by confes­sing [Page 35] where less shame is, we di­minish one great end of Con­fession, which is to bridle vs from sinne, and allso one part of the sacrament, which is sa­tisfaction. And surely it is bet­ter to fullfill a good end of confession, and one part of the sacrament of Pennance, then any way to diminish them. And this shame is like to a bet­ter potion, which a good Peni­tent should not refuse for the greater good of his soul, no more then he would refuse a bitter potion for the greater health of his body. Nay it will bring him glory before any vertuous Confessor, and be­fore God and his Angels, who What shaine brin­geth glorie. Eccle­siastici 4. v. 25. reioyce att the repentance of a sinnar. For (as the scripture sayth) there is a shame or confu­sion which bringeth glorie. And [Page 36] this we see in S. Augustin, who is most admired for his publick Confession of his sinns, and that not to a Priest, but to all the world, and to all and to all posterity till the worlds end. And besides, true contrition Loue of God, maketh bitter, swett. for the loue of God, will turne all this bitterness into sweet­ness, and make all God his yoke, swett, and his burden, light.

EIGHT CHAPTER. That it is better to confess to a Priest, who hath charge of the Penitents soul, then to an other, proued by the Iudgement of the Church.

1. THe fifth proof, that it is better to confess to a [Page 37] Priest, who hath charge of the Penitents soul, then to an other, who hath not that charge, I will take from the iudgemēt of the holy Church. which in that great Generall Councel of Lateran vnder P. Innocent 3. and after, by diuers graue and vertuous Popes, The Church cōman­deth to confess to pro­per Priests but not to o­thers. P. Inno­cent 3. hath for many hundred yeares commanded all Catholicks of either sex, to confess (att least once a yeare) to their proper Priest who hath charge of their souls, but neuer commanded them to confess to such as had no charge of their souls. Euery Christian (sayth the foresayd Councel) of other sex, after they are come, to yeares of discretion, shall truly confess all their sinns to their proper Priest, at least once a yeare. P. Martin 5. (in his Bull P. Mar­tin 5. related by P. Adrian 6. de Con­fess. [Page 38] q. 5. and others) we will, that those who confess to Fryars, shall neuer the less be bound, to confess, att least once a yeare, to their Parish Priest, as the great Councel ordaineth. And P. Sixtus P Sixtus 4. IV. in extrauagante, vices; de pace & treuga, admonisheth Regulars, that they forbeare to preach, that Parishioners are not bound to confess, att least att Easter, to their proper Priests, because they are bound thereto by law. And that the foresayd Councel, by a proper Priest, meaneth one, A pro­per Priest, hath charge of souls. that hath charge of souls, is manifest. First, because P. Martin 5. in his words cited ex­poundeth it of a Parish Priest, who (doubtless) hath charge of souls. Secondly, because what Priest hath not charge of a Penitent, is not his proper Priest, but is common to all [Page 39] Penitents whose confessions he heareth. Thirdly, because as Sotus sayth 4. d. 18. q. 4. art. 2. It is an abuse, to call a delegate, a Proper Priest. For a proper Priest, is taken but one way, be­cause a Proper Priest is the same, that ordinary, to witt, he to whome, by his proper office and iu­risdiction, belongeth the charge of souls, and is iudge in the Court of conscience. And againe: It is One shing to be a proper Priests, an other to be lawfull. one thing, to be lawfull, an other to be proper, who is proper, is ordi­nary: but lawfull, euery one is, who can work either by his owne authority, or by commission. And the like hath To let instruction is Sacerdotum lib. 3. c. 13. And Estius in 4. D. 17. §. 13. sayth. There is but one acception of proper Priest, who hath proper and ordi­nary auctoritie to absolue him, in respect of whome he is called proper [Page 40] that is, to whose charge, each one is properly subiect. Lastly, because to call such as hear confessions without charge of the souls of their Penitents, proper Priests, was but deuised for to shew, that Regulars did not heare confessions against the fore­sayd Canon of the Councel of Lateran, which shift is need­less, for though they be not proper Priests, they hear con­fessions by leaue of the Pope, and Bishops, and therefor no more offend against that Ca­non, then such Priests doe, who hear Confessions by leaue of the Parish Priest. Moreouer P. Vrbain 2. in Canon. Placuit, P. Vr­bain 2.de Paenitentia D. 6. ordaineth thus: we will, that no Priest ad­mit to confession any, that is vnder the charge of an other, vnless it be for the ignorance of him, to whom [Page 41] he confessed before. And P. Bene­dict. P Bene­dict. XI. XI. Can. inter cunctos: We stirctly command, that Fryars carefully admonish them whose Confessions they heare, and exhort in their sermons, to confess to their Priests, att least once a yeare, af­firming that (doubtless) [...]his is Doubt­less, profi­table. profitable to their souls. And this semeth to haue been the intent of the Councel of Trent, which sess 25. c. 13. comman­deth, that where Parochiall Parish to be appoin­ted. The Coun­cel of Trent would haue confes­sions to be made to Pa­rish Priests. Churches haue no certain bounds, nor their Rectores certain people, whome to gouern, but indifferently minister sacraments to such as de­mand them, the holy Synod com­mandeth Byshops, for the greater saifty of souls committed to them, that the people being deuided into certain peculiar Parishes, they appoint to euery one their perpe­tuall [Page 42] and proper Parish Priest, who may know them, and of whom alone, they may lawfully receaue sacraments, or prouide some other better way, as the condicion of the place requireth. And sess. 14. c. 9. Dioceses and Parishes were most reasonably diuided, and proper Pastors giuen to each flock, and Rectors of inferior Churches, who should haue euery one care of his sheep, that Ecclesiasticall order be not confounded.

2. Neither is the foresayd Canon of the Lateran Councel abrogated. For allbeit some say, that P. Leo X. hath decla­red, that who confess to Men­dicants, doe satisfy the obliga­tion of the sayd Canon; yett that declaration doth not ab­rogate the sayd Canon, but rather sheweth, that it [Page 43] bindeth still, by saying, that men by confessing to Mendi­cants, See Cōcil. Tridēt. sess. 14. Can. 58. Six­tus 4. and Martin 5. su­prá. doe satisfy the obliga­tion of that Canon, and onely sheweth, that the Mendicants hearing of Confessions by the Popes leaue, is not contrary to the obligation of that Canon, as other Priests hearing Con­fessions by leaue of the Parish Priest, are not contrary to the same. See more of this in Na­uarre in C. Placuit D. 6. n. 121. Gamach de Paenitent. c. 18. Henriquez de Paenitent. l. 2. c. 16. And though the sayd Ca­non or law were abrogated, and did not binde now att all, that would no way weaken the force of my argument, taken from the iudgement of the Church. For she hauing both by a Ge­nerall Councel, and allso by Bulls of diuers Popes, seuerly [Page 44] commanded Catholicks to confess to Preists who haue charge of their souls, and ne­uer commanded them to con­fess to such as haue no such charge, but onely permit­ted them so to doe by rea­son (as S. Thomas sayd) of the too great multitude of Penitents, of the insufficien­cy of some Priests who haue charge of souls, she clearly sheweth, that she iudgeth it (of it self) better for Catho­licks, to confess to such priests as haue charge of their souls, then to those who haue not that charge. For (doubteless) she iudgeth that better for her children to doe, which she so often, so seuerely, and for so many ages hath commanded, them to doe, then that, which she neuer commanded them [Page 45] to doe, nor perhaps would per­mitt them to doe, if the too great multitude of penitents, and insufficiency of many Priests who haue charge of souls, did not force her to per­mitt it.

NINTH CHAPTER. That it is better for Penitents, to confess to a Priest, who hath charge of their souls, then to others, proued by the iudge­ment of those, who were Con­fessors of Penitents without charge of souls.

1. IT is so euident, that (of itself) it is better for Pe­nitents to confess to Priests, who haue charge of souls, then to others, that euen the chei­fest of those, who were con­fessors [Page 46] of Penitents without charge of their souls, doe acknowledge it to be better. S. Bonauenture a Doctor of S Bona­uēture. the Church, and Generall of the Franciscans, writeth thus in 4. D. 17. q. 2. n. 108. I beleeue Euer good. that if the Parish Priest be fitt, that it is euer good, that the Paeni­tent be remitted to him, of whom­soeuer he is heard. And num. 105. wherefore it is to be beleeued, that all Paris hioners whensoeuer, and Are bound. how often soeuer they confess to such (Mendicants) are bound to confess to their proper Priests, if they be good and sufficient, and exact it, and wil not otherwise be content. And this I say, at least once a yeare. Ibidem: And therefor it Whole­some Coun­sel.is wholesome Counsel, for all theise to be remitted to their proper Priests, that if they be not content with that Confession, they be [Page 47] heard againe. Angelus, Vicar Ange­lus. Generall of the sayd Francis­cans, and Commissary to Pope Sixtus IV. in his Summe, Ver­bo, Confessio, 4. num. 33. It is I after for ma­ny cau­ses. safer to confess to our owne Priest or Prelate, then to an other, for ma­ny deceits and vnleawfulnesses, which are in other Deputies. Wher­fore I allways aduise, that none leaue his owne Parish Priest, for an other Deputy, vnless it clearly appeare, that he whome he hath chosen, be of good conscience and sufficient skill, and that more, then his owne Parish Priest. For if there be any defect in his owne Pa­rish Priest, the Penitent is more excused in confessing to him then to an other, because superiors in appointing him, doe seeme to ap­proue him for sufficient. Scotus Scotus the cheifest diuine among the same Franciscans in 4. d. 5. q. 6. [Page 48] sayeth. We should allwayes chuse that (Confessor) caeteris paribus, Caeteris par [...]bus. to whome that belongeth by office. And Confessor by office, none is, but he, who hath charge of souls. Richardus de Media vil­la, Richar­dus de media villa. an other great Franciscan Doctor, in 4. D. 17. q. 1. Allbeit in some cases it were better for one, to chuse a Confessor as be would, then to be bound to confess to his or­dinary, yett it were not profitable Not profita­ble for the Cō ­munity. S. Tho­mas. for the Communitye, that it should be lawfull for euery one to chuse his Confessor.

2. S. Thomas, an other Do­ctor of the Church, and che­fest Doctor of the Dominicans, in Supplemento q. 8. art. 5. ad 4. writeth thus: Werefore it is God. good, that he, who heareth Confes­sions by auctority of the Bishop, doe perswade the Penitent, to con­fess to his proper Priest. Sotus a Sotus. [Page 49] graue and learned Dominican, in 4. D. 20. q. 1. art. 5. The su­preme Pastor of the Church cannot suficiently prouide for the whole Church, vnless he giue Bishops to all churches. Wherfore, seing the chiefest notice and iudgement of the flock, is gotten by sacramentall confession, it is requisit, that espe­cially Requi­sit. in this Sacrament, it be not free for euery one to runn to euery Priest, but that euery one be bound to his own, that he confes [...] not, but to him, or with his leaue. Nauar. Nauar. a Canon Regular, and famous Casuist. Concil. 15. de Paeniten­tia: I should thinck, that he did wisely, who (att the houre of W [...]sely. death) procureth himself to be ab­solued of his Parish Priest there present, or of his superior, rather then of others. Gabriel Ga­briel. Trithe­mius. Posse­uinus. allso a Regular in 4. D. 17. q. 2 art. 3. If all be a like, it is better to con­fess [Page 50] to ones proper Priest, as Doc­tors commonly hold, as S. Bona­uenture, and Angelus in Summa, Better for ma­ny cau­ses. Confessio 3. §. 34. for many causes, and auoiding of dangers.

3. Layman, a great writer, Laiman Good of the Church and Iesuit l. 5. tract. 6. c. 33. Seing it is instituted for the common good of the Church, and conue­nient gouernment, that all faith­full should confess to their proper Priest, that must not be limitted or restrained for priuate commodi­ty, by priuate interpretation of Doctors, espetially because many by this meanes, falsly pretending im­pediments of confession, may with­draw themselues from the iurisdi­ction of their Pastor. Reginald Regi­nald. an other Iesuit lib. 1. n. 61. Well addeth Nauarre, that he shall do wisely, who (att the Wisely. houre of death) his Parish Priest or Superior being present, [Page 51] procureth to be absolued of him, rather then of others. And as Barbosa writeth in Remiss. Barbo­sa. Concil. Tridentinisess. 14. c. 7. Nauarre Consil. Is. sub titulo Pae­nitentiae, Sayrus (an English Be­nedictin) Sairus. dec [...]s. 21. sub eodem ti­tulo, Reginald. l. 2. n. 60. say, that he should do wisely, who if his Parish Priest or Superior be pre­sent, procured himself to be absol­ued of him at the houre of death, rather then of an other. And him­self allegat. 25. num. 51. sayeth: It is better to confess to ones Pastor Be [...]ter, at the houre of de­ath. att the houre of death, then to an other. And it if it be both wiser and better, at the houre of death, to confess, to ones Pastor or Superior, then to an other, it is much better and wiser to doe so in life time. Be­cause it is certain, as the Coun­cel of Trent, hash declared sess. [Page 52] 17. c. 7. that, att the houre of death, all Priests can absolue any Peni­tent from any sinns or Censures, which all Priests cannot do, nay few Priests can doe, in time of life, and therefor their ab­solution is not so certain in time of life, as in time of death. If therefor it be better and wi­ser to be absolued of ones Pa­rish Priest or Superior, at time of death, when the absolution by any Priest whatsoeuer, from what sinns or censures soeuer, is most certain, much better and wiser it is, to procure to be absolued of him in life time, when all Priests absolution is not so certain, as it is in time of death.

TENTH CHAPTER. That it is better for Penitents, to Confess to Priests, who haue charge of their souls, then to others, proued by the Generall practise of those Priests, who are Confessors of Penitents, without charge of their souls.

1. THe seuenth proof, that (of it self) it is better for Penitents, to confess to such Priests, as haue charge of their souls, then to others, shall be taken from the Gene­rall practise of such Priests, as are Confessors of Penitents without charge of souls. For they doe not confess it in words onely (as we saw in the former Chapter) but much [Page 54] more in practise and indeeds, because they suffer not any of their owne compagnies, vpon any occasion, to confess to whome they will, but onely to such as they appoint for them. The Gloss. in Clement. Du­dum. Religious men, according to the statuts of their orders, must confess to their Prelats. Suarez tomo 4. de relig. l. 2. c. 16. Cer­tain Gene­rall leaue to confess to whō one will, Would destroy reli­gions. it is, that by ordinary right, and without dispensation, regulars cannot confess to others, then to such Confessors, as are apointed for them by their superiors. Ibid. n. 6. Generall leaue, to chuse ones confessor, would tend to great de­triment of religions, for it may be an occasion of dissolution and rela­xation of religious discipline. And num. 7. By such generall licence and ordinarie vse, religious disci­pline would be plainly ouer­throwne. [Page 55] Henriquez l. 7. c. 22. §. 4. The Society of Iesus kepeth that priuilege, that none, without the superiors leaue, can chuse a Confessor beside him, who is ap­pointed. And Gregorie the 13. granted this to the Society. Lay­man l. 5. tract. 6. c. 10. n. 20. By their proper statuts, it is not permitted, to religious to confess out of their owne order to any other, but to whom the Superior appoin­teth. And Rodriquez to. [...] q. 62. art. 4. and 5. reciteth the Bulls of Popes, which Iesuits, Fran­ciscans, Augustins, and other Religious orders, haue procu­red, that none of theirs, euen in time of Iubilées, may con­fess to any, but to such as their Superiors appoint. And head­deth: This is very good and neces­sary. And Petigian in Summa D. 17. q. [...]. art. 3. affirmeth, that [Page 56] there is excommunication latae sententiae, that no religious, euen by vertue of a Bull, do conf [...]ss to any other, then to him, who is appointed by his superior.

2. And doth such great good come to religious com­panies, by confessing to none, but to such, as their superiors appoint for them: and would no good come to the holy compagnie of Christ, the Ca­tholick Church, if her chil­dren confessed to such as haue charge of their souls. Would such great harme come to reli­gious compagnies, as their vt­ter d [...]solution and relaxation of religious discipline by gene­rall leaue to confess to what ap­proued Priest they would, and will no hurt, no relaxation of ecclesiasticall discipline come [Page 57] by the like leaue granted to all Catholicks? Are religious companies, and Christs com­panie, of so different nature, as that what is greatly good for the one, is naught for the other? Neither doth it satisfye, which Suarez sayth n. 6. cit. That superiors of regular orders are bound, not onely to procure the sal­uation, but allso the perfection of their subiects: as if Bishops, Pa­stors, and such as haue charge of sonls, were not bound to procure the perfection of their subjects, and these allso bound to be perfect? Did not our Sa­uiour say indifferently to all: Matth. 5. Be perfect, as your heauenly father is perfect? Was not S. Iohn Baptist sent. Luc. 1. 1. Ioan. 2. Qui, seruat verbumeius, in hoc ve­re cha­ritas Deiper­fect a est. Et c. 4. si dili­gamus inuicē, charitas Dei in nobis perfe­cta est. to prepare a perfect people to our Lord, and yet was not sent one­ly to make Regulars? Doth not [Page 58] God giue Pastors and Doctors for consummation (that is, per­fection) of Saints. Ephes. 4? Or doth he giue none to pro­cure perfection of Saints, but religious men? or were there no procurers of perfection in the Church, before religious orders were instituted? Or will religious Confessors say, that they are not to procure perfec­tion in their secular Penitents? Doth not Sotus lib. 10. de lure & Iustitia q. 1. art 4. say. This is The duty of a Bishop, both to teach perfection, and perswade it: and q. 3. art. 2. (It is the office of a Pastor, to bring his healthfull flock to perfection: and noteth, that in the consecration of a Bys­hop, the Church telleth him, Vt ex­hibeat omnem hominē perfe­ctum. that he must bring his flock to per­fection, as we read of S. Iohn Bap­tist?

If any Regular should say to me, that (of it self) it is bet­ter for Catholicks, to confess to what approued Priest they would, then to those who haue charge of souls, I would answer him, as Plu­tarch. in Apop­theg. Lycurgus answered one, who perswaded to insti­tute popular gouerment in his citty, that he should first be­ginn such a gouerment in his owne house. But whether they onely be to be accounted per­fect, who obserue the three Euangelicall Counsels, or no: I would know a reason, why it is requisit, that such as obserue those counsels, should confess to none, but to such, as their regular Superiors appoint and the like should not be expe­dient for such, as are to obserue the commandements, as all Christians are? Why should the [Page 60] obligation to confess to none; but to certain appointed Con­fessors, be requisit for obser­uation of these Counsels, and the like obligation should not be requisit for the obseruation of the Precepts?

ELEVENTH CHAPTER. That is better for a Penitent to confess to a Priest, who hath charge of his soule, then to an other, proued by the greater cer­tainty of absolution.

1. THe Eighth proof, that it is better for a Peni­tent to confess to a Priest, who hath charge of his soul, then to an other, I will take from the greater certainty of absolution by him, then by this. First, be­cause [Page 61] Curats, who haue char­ge of souls, haue iurisdiction from the Canon law, and (as some Sotus 4. di. 18. q. 4. art. 2. graue diuines say) allso from diuine law. Whereas Con­fessors without charge of souls, haue Iurisdiction onely by S. Tho mas 2. 2. q. 188 ar. 4. q. 187. ar. 1. 4. S. Bo­nauen­tura de pauper­tate. Bellar­min l. 2. de Mo­nachis c. 45. delegation, except it be in the houre of death, when all Priests haue Iurisdiction. And Iurisdiction by law, especially of God, is more certain, then is iurisdiction by delegation, especially when it must passe by so many hands of delegats and subdelegats, as it com­monly doth to such Priests 'as vsually heare confessions with­out charge of souls. And Iuris­diction being essentially requi­sit to absolution, the more cer­tain the iu risdiction is, the more certain is the absolu­tion.

[Page 62]2. Secondly, because the Canon and Ciuil law ratifie and L. Ba­barius de of­fic. Prae­toris. make good all acts done accor­ding to law, by one who is commonly thought to be a lawfull ordinary officier, and hath any colourable title, though indeed he be no true officer, nor haue true iurisdic­tion. Whereupon Sanchez lib. 3. de matrimonio Disput. 22. n. 13. sayeth. All things done by a Parish Priest, commonly taken to be such, and hauing a colourable title giuen to him by a lawfull supe­rior, are valid euen in court of conscience, and confessions made to such, need not be iterated. And Nauarre in Manuali c. 9. n. 11. In a Curate, a title, though naught, with poss [...]ssion, will suf­fice. But it is not certain, but denyed by many (as may be seen in Sanches l. cit. n. 15. and [Page 63] 6.) that acts done by a fals De­legate commonly thought to be a true delegate, are valid. Neither indeed is there the like reason, that the Law should ratifye the acts of such, as are not instituted by Law, as there is, that it should ratifye the acts of such, as law it selfe instituteth. So that, absolution giuen by ones Curate, must needs be more certain, then giuen by an other, who is but delegate, because the law it self doth ratifye the absolution giuen by a Curate, when of it self it would not be valid, and doth not ratifye such absolu­tion giuen by a Delegate. And hence it is that (as we sayd be­fore) Diuines teach, that it is wiser, euen at the houre of death when all Priests haue Iu­risdiction, to be absolued of [Page 64] ones Curate or Superior, then of any other. And the validity of absolution, being of that moment, that a Penitent ha­uing onely attrition, but valid absolution, shall be saued, and wanting valid absolution, shall be damned, well counseled Reginald a Iesuit l. 1. n. 103. Because in a matter of such impor­tance, it behoueth to take the cer­tain and leaue the vncertain, Sua­rez well aduiseth, that vnless there be some great and reasonable cause on the Confessors part, we should allwayes vse the saifer meanes, that a Confessor hauing certain and more probable Iurisdiction, be allwayes preferred before one, who hath a doubtfull or less pro­bable iurisdiction. And (doubt­less) a Curate, who hath charge of souls, hath more probable iurisdiction, then a Delegate [Page 65] who hath no such charge. Which I doe not say, to call in question the absolution of such Priests secular or Regular, who really haue trew Delega­tion, and for iust cause, of the sea Apostolick, but because such Delegation passing tho­rough so many hands of Dele­gats and Subdelegats, as it commonly doth before it come to them, who vsually confess without charge of souls, is not so certain, to vs, as is the See what Ange­lus sayd suprà cap. 10. absolution giuen to vs by Curats, who haue charge of souls. Nor are their Acts (if they be of themselues inualid) ratifyed, and made good by Law, as are the Acts of Curats, though of themselues they were inualid. I add allso, that Curats doe succeed the 72. Disciples as Gloss. liu. 10. Sotus l. 10. de Iure q. 3. art. 1. Diuines doe [Page 66] teach, and therefore are insti­tuted, not onely by men, but allso by God, whereas Dele­gats Bellar­min. l. 1. de Cle­ricis c. 14. S. Tho­mas 3. q 6. a. 1. are instituted onely by men, nor doe succeed the 72. Disciples: and that, of the 72. Disciples Christ sayd Luc. 10. Who heareth you, heareth me. And it is more sure to be absol­ued of such, as succeed them, of whom Christ sayd, who hea­reth you, heareth me, then of others, of whom Christ sayd no such thing.

TWELFTH CHAPTER. That it is better for a Penitent, to confess to a Priest, who hath charge of his soule, then to an other, because it is more meri­torious, and allso more satisfa­ctorious.

1. THe ninth proof, that it is better for a Penitent, to confess to one who hath charge of his soul, then to an other, we will take from that it is both more meritorious, and also more satisfactorious. That it is more meritorious, I proue first, because it is more merito­rious to confess to such Con­fessors, as God hath both insti­tuted, and commanded vs to confess vnto, and allso the [Page 68] Church for many ages hath commanded, then to such, as men haue instituted, and ne­ther God, nor the Church euer commanded vs to confess vn­to, but we chuse of our selues. For in the one, we fullfill God and the Churches will, and in theother, we fullfill our owne will. And surely, it is more me­ritorious, to fullfill Gods and the Churches will, then to full­fill our owne; because there is more obedience to God and to the Church, and allso more humility. But Curats, who haue charge of souls, are of the first sorte, and who haue no charge of souls, are of the lat­ter. Secondly, I proue it, be­cause commonly it is harder to confess to ones Curate, who hath charge of our souls, and authority to gouuernevs, then [Page 69] to another, whome we chuse our selues, and who hath no authority to gouerne vs, be­cause ordinarily men are more loath to discouer their imper­fections to their Superiors with whome they commonly con­uerse, then to others, who are not their Superiors, and who may be such, as they neuer saw before, nor perhapps shall see afterwards. And where is the greater difficultye there is the greater vertue, and merit to ouercome. And hence allso ap­peareth, why it is more satisfa­ctorious: for where there is See Nauar­re de Indulg. notab. 3. n. 13. greater paine or difficultye, there is allso the greater satis­faction.

2. Thirdly I proue it to be more meritorious, because in confessing to such, as the Church apointeth and com­mandeth, [Page 70] at least once a yeare we conserue the order and dis­cipline of the Church, but in confessing to whom we chuse our selues, we doe not keep that order or discipline. And how great a good it is, to con­serue the order and discipline of the Church, and what great harme may come by not ob­seruing it, we may see by the great account, which Regu­lars make of their Regular or­der and discipline, as we heard Cap. 11. before. And if they make such account of their Regular discipline, and esteeme it so great merit to obserue it, how much more ought good chil­dren of the Church to obserue and esteeme the discipline of the Church, she being incom­parably to be esteemed aboue all regular orders, and her dis­cipline [Page 71] instituted by more sure assistance of the holy Ghost, ād allso for more glorie of God and good of souls: wherefor if there be great merit in obser­uing regular discipline, there is far more in obseruing the Churches Ecclesiasticall. disci­pline: and if greater harme come of breaking that, more cometh in breaking this with­out iust cause. Fourthly, I proue, that it is more merito­rious to confess to ones Curate, who hath charge of his soul, then to an other, because that conserueth and increaseth that spirituall and holy loue, which ought to be between a Pastor and his sheep, whereof we shall speak more hereafter, and all­so maintaineth his spirituall auctority, which he hath to gouerne them: whereas by lea­uing [Page 72] our Pastor, and confes­sing to whome we will, we dimi­nish both his loue, and his au­thority. But it is far more meri­torious to conserue the Pastors loue and authority, then any way to diminish it, as it is eui­dent.

THIRTEENTH CHAP. That it is better for a Penitent to confess to a Parish Priest, who hath charge of his soul, then to an other, because great com­modities, and no inconuenien­cie cometh bythat, and many inconueniencies come by this.

1. THat all commodityes, which can be gotten by the Sacrament of pennance, may be had by confessing to a [Page 73] Priest who hath charge of souls, and no inconueniencie can come thereby, is euident, because such a Confessor is of Gods institution, and the pro­per minister of that sacrament. And all commodityes, which can be had by a sacrament, may be had by the proper minister thereof instituted by God him­self. And likewise no inconue­niencie can come by confes­sing to such an officer, as is pro­perly appointed by God. But if there chance to fall out any inconueniencie, that riseth of the person, not of the office it self. But by confessing to others, whom we chuse our selues, there may rise many and great inconueniencies. First, is preiudice of the Con­fessor, First in­conue­n [...]ēcie, who hath charg [...] of our souls, for it is his right to admi­nister [Page 74] this sacrament to all those, of whose souls he hath charge. And not to giue to one his right or due, is doubtless a preiudice to him. Nether lea­ueth it to be a preiudice to him, because leaue is granted to doe it, for that will not shew, that it is not a true preiudice to him, but onely that such pre­iudice is done with leaue. And Nouarre in C. Placuit n. 61. both affirmeth and proueth, that it is true preiudice to Cu­rats, that their people are per­mitted to confess to others: and it is euident, because all taking away of ones right is a preiudice to him, though if it be done for iust cause, it be no sinn. And how carefull the Church was in ancient times, to conserue the rights of or­dinaries, the Catechisme [Page 75] ad Parochos c. de Paenitent. The Church here to­fore most carefull of the right of ordina­ries. sect. 47. shweth in these words: with what religion in times past, in the most ancient Church, the right of an ordinary Priest was conserued, is easily gathered by the ancient Decrees of Fathers, by which was ordained, that no Bis­hop nor Priest should dare to doe any thing in an others Parish, without his leaue, who there go­uerned, or without some great ne­cessity.

2. An other inconuenien­cie Second incon­uenien­cie. is, that libertie to confess to what approued Priest one will, breaketh discipline of the Church which is, that euery one should cōfess, at least once a yeare, to his proper Priest, as is euident by the foresayd Ca­non of the great Councel of Lateran. And a third inconue Third Incon­uenien­cie. niencie is, that it lesseneth that [Page 76] spirituall loue, which ought to be between a Pastor and his sheep, whereof we shall speake Fourth Incon­uenien­cie. more hereafter. And a fourth is, that it lesseneth the authori­ty, which a Pastor should haue ouer his flock, which doubt­less would be greater, if his sheep did confess to him, be­cause naturally men respect and reuerence them more, to whō they confess their sinns, thē others, to whō they doe not cō ­fess. And this noteth P. Innocēt 4. Can. Etsi animarum, saying, that voluntarie confessors breed contempt and indeuotion against proper Priests. I dispute not, whether this Bull of In­nocent the 4. be reuoked, or no, because I argue not out of the obligation thereof, but out of the truth it sayeth, which is, that voluntarie Con­fessors [Page 77] occasion neglect of pro­per Priests, which so graue and so learned a Pope, as Innocent 4. was, would not haue sayd, if he had not seen it to be tru [...]. And how great an inconue­niencie neglect of Pastors is, is manifest of it self, seing all communities stand by the au­thority of their superior, and fall and are weakened, by the fall or weakening of it. Where­upon 1. Tim. 5. 1. Thes­sal. 5. Heb. 15 Matth. 26. S. Cy­prian Epist. 55 65. S. Hie­ron. contra Lucifer. the Apostle often and earnestly exhorteth Christians to honnour and reuerence their spirituall superiors, and our Sauiour sayeth, if the Pa­stor be strucken theep are dispersed, and holy Fathers note, that the neglect of Pastors, is the roote of schisme and heresie, and that the [...]ai [...]tye of the Church, dependeth on the honnor of Pastors. And Layman, cited [Page 78] Sup. c. 9. before noteth, that by con­fessing to whome one will, ma­ny pretending impediments of con­fession, withdraw themselves from the Iurisdiction of their Pastor. A fifth inconueniencie by li­bertie Fifth Incon­uenien­cie. of confessing to what Priest one will, is, that one may omitt annuall confession, and say, that he hath confessed, when he hath not confessed att all.

3. The sixth inconuenien­cie Sixt Incon­uenien­cie. is, that by libertie of chu­sing ones Confessor, occasion is taken to committ or conti new in sinn, which would be much restrained, if men con­fessed to their proper Priests. For by this libertye, (as P. In­nocent 4. in the Foresayd Bull noteth) thereby shame, which is a great part of pennance, is taken away, whiles ones confesseth his [Page 79] sinnes not to his proper Priest, whome he hath continuall and pre­sent, but to an other, and some­times to one, who is a passenger, to whome there is hard recourse, and sometimes impossible. And Azor. tom. 1. l. 5. c 25. granteth, that leaue to chuse a Confessour, who may absolue him from sinns to be committed, doth giue occasion to sinn more freely, and more easily. And what great difference is See Pa­ [...]is An. 1246. p. 634. there (for this purpose) bet­ween leaue to chuse a Confes­sor, who may absolue one from sinns to be committed, and leaue to chuse a Confessor, who may absolue from sinns that are committed? what dif­ference (I say) is there for fa­cilitye to sinn, between leaue to chuse a Confessor, who may absolue one from sinns to be committed, and leaue to chuse [Page 80] a Confessor, who may absolue one from sinns that are com­mitted, which leaue all haue who haue libertie to confess to what Priest they will. For faci­litye to sinn, riseth not precise­ly of leaue to chuse a Confes­sor, which may absolue one from sinns to be committed, but from leaue to a chuse a Confessor, who may absolue from sinns, whether they be committed, or to be commit­ted.

4. A seuenth inconuenien­cie The Seuēth. in leauing ones proper Priest, and conf [...]ssing to others, is, that thereby he is made less able to help spiri­tually, and cure the spirituall diseases of his sheep. For by confessing to him, he should better know the State of the souls of his sheep, and to be [Page 81] better able to apply proper re­medyes to them, to better in­struct their ignorance, and all­so better encourage them to follow vertue, and auoid such vices, as they are subiect vnto. But of this we haue spoken so­mething, and shall more here­after. An eight inconueniency Eight Incon­uenien­cie. is, that by leauing our Pastor and confessing to others, we discourage him, and make him less carefull of doing his deutye or what good he can doe for vs. For he, seing his sheep to leaue him, and goe to others, pre­ferring them before him, hath not that courage to labour for them, as he would haue, if he saw them preferre him before others. And what harme co­meth by the negligence of Pa­stors, God himself declareth Ezechiel. 54. saying: my sheep [Page 82] are dispersed, because there was no Pastor. Not because there was no Pastor at all, but because there was no diligent Pastor. And Sotus lib. 10. de Iure & Iustit. q. 3. art. 4. affirmeth, that the roote of heresies in Germanye and England, was the negligence of Pastors: and surely the sheeps neglect of their Pastors, occasioneth the Pastors neglect of them. And if the negligence of Pastors be the occasion of such ill, how much more is the want of Pas­tors? Whereupon the same So­tus in the sayd place sayeth: It is a diuine commandement, that euery Diocese haue a Bishop, for the peculiar care and watchfull­ness, which is due vnto it. And Bellarmin. lib. 1. de Pontif. c. 2. hauing cited these words of Caluin: They conuince, that to [Page 83] euerye Church ought a Bishop to be giuen, answereth. If by these examples, taken from most graue Fathers, we conuince, that to eue­rye Church ought to be giuen a Bis­hop, why doth not he suffer Bis­hops? which is plainly to affirme, that examples brought by most graue Fathers, conuince, that euerye Church ought to haue a Byshop. And it is sayd in his life l. 3 c. 5. that he counseled P. Clement 8. to prouide Bys­hops presently for vacant Churches, least he should be guiltye of souls perishing for want of Pastors. And it is me­morable what S. Bede l. 3. hist. Anglic. c. 7. Writeth of Sen­walch King of the West Saxons in England, who hauing ex­pelled his Byshop, sustained great losses and spoyles in his kingdome of his ennemies; He [Page 84] vnderstood, that by want of Bys­hops, he wanted allso the help and grace of allmightye God: wherefore he sent Embassadors into France to Agilbert, beseeching him that he would returne and resume againe his Bishoprick, affirming withall, to make satisfaction for that which was past. Thus S. Bede. And if so many, and so great incon­ueniencies follow Penitents not confessing to their proper Priests, who haue charge of their souls, there was some great necessitye, which forced the Church to dispense there­in, as no doubt that was, which before we rehearsed out of S. Thomas and others, to witt, too great number of penitents for to confess to one onely Priest, and too great want of sufficient proper Priests gene­rally for all parts. And good [Page 85] children of the Church, will rather doe what the Church of her self commandeth, then what vpon necessity she dispen­seth withall, and onely permit­teth. But out of all which I haue sayd in this chapter, I argue thus: It is of it self farr better to auoid so many and so great inconueniencies, as haue been rehearsed, then to fall into them: but Penitents by con­fessing to such Priests as haue charge of their souls doe auoid the sayd inconueniencies, and by confessing to others, doe fall into them. Therefor it is far better to confess to those kindes of Priests, then to these. And what good Penitent will not doe that, which of it self is far better?

FOVRTEENTH CHAPT. That of it self it is better for a Pe­nitent, to confess to his proper Priest, then to others, because naturally he loueth his penitents more then others doe.

1. THat of it self, it is bet­ter Pastors loue their peni­tents more, then other Priests do. for Penitents to confess to their proper Priests, who haue charge of their souls, then to others, I proue by the greater loue, which proper Priests who haue charge of their Penitents souls, natural­ly haue more, then other Priests haue, who haue no such charge of the souls of their Pe­nitents, because his greater loue will make him more care­full and diligent to doe his Pe­nitents [Page 87] all the good he can, ra­ther then an other, who less loueth them. For the greater loue will cause the greater care. And that a Pastor or proper Priest, who hath charge of his Penitents souls, naturally lo­ueth them more then others, who haue no such charge, is euident, because he accounteth his penitents his owne sheep, and naturally one loueth what it his own, more then an other, who accounteth it not his own. Whereupon well wrote Bellar­min. lib. 1. de Pontif. c. 3. It is certain, that Princes will take more care of their own, then Vi­cars will doe of that which is other mens. And our Sauiour Ioan. 10. A good pastor giueth his life for his sheep, as if it were the property of a good Pastor, to loue his sheep so much, as for [Page 88] loue of them, to giue his life for them. And as himself sayth Ioan. 15. the greatest signe of loue, is, to giue his life for one. See more of this in S. Chyso­stome lib. 2. de Sacerdotio c. 2.

2. Secondly, because the Penitents of a Pastor or proper Priest, are specially committed to him by God. And surely, who loueth God, will specially loue them, who are so com­mitted to him by God, more then others will, to whome God hath not especially com­mitted them. For Gods spe­ciall charge, will make him who loueth God, to haue a more speciall care of them, then others, who haue no such speciall charge. As we see all honest men haue à more spe­ciall care of children commit­ted to them by their parents, [Page 89] then others haue, to whome such children were neuer com­mitted. And hereupon our Sa­uiour sayd, Ioan. 20. to S. Pe­ter: Doest thou loue me, more then theise? Feed my sheep: the­reby shewing, that naturally Pastors loue more Christs sheep, then others doe. And likewise the Councel of Trent. sesl. 13. c. 1. sayth to Bishops who are the cheif Pastors: lett them remember, that they are Pastors, and that they ought so to gouerne their subiects, as they loue them like children and bre­thren. And Cardinall Bellar­min In vita Bellarm l. 3. c. 2. wrote thus to a Byshop, who desired to giue ouer his Bishoprick, to become reli­gious: who loued vs, and gaue his life for vs, vouchsafed to say to Peter, and in him vnto all Pa­stors: if thou louest me, feed my [Page 90] sheep. Is there any, that dare say Nota­ble words of Bel­larmin. to our Lord, I will not feed thy sheep, l [...]ast I leese my soul, vn­less there be some, who loue them­s [...]lues, and not God? A true louer of God sayth with the Apostle, I had rather be anathema from Christ for my brethren, then not vndertake that burden, which the loue of God hath imposed vpon me. Albeit there can be no danger of saluation, where charitye reigneth. No dā ­ger of salua­tion where charity rei­gneth. Behold. in S. Paul, the excee­ding loue of a good Pastor to his sheep: behold allso, how there is no danger in taking charge of souls, so it be done for loue of God. Nay ordinari­ly the greater the charge of souls is, the greater is the holi­ness, as Bozius sheweth, that there are more Popes, Saints, then anye Archbyshops or Byshops of one Episcopall sea [Page 91] in the world; and more Arch­byshops, Saints, then Byshops of any one Sea in his prouince, and more Byshops Saints, then Curats of any one Parish in his Diocese. And allbeit charge of souls be of it self more dan­gerous, then not charge, is, yet taken with the greater grace, and greater assistance of God, which he allwayes affordeth greater to them, to whome he giueth greater charge, it is not more dangerous, and it is farr more meritorious. And whatS. Chrysostom. sayeth: It is a ma­ruel, if any Rector be saued, he speaketh (as Estius Hebr. 13. v. 17. well noteth) of such, as vpon ambition onely, putt themselues into that function, as is euident by the words following, because for one lawfully called, and faithfully exercising that of­fice, [Page 92] as Chrysostom himself did, there is no danger. And what S. Chry­sostome Some Saints h [...]ue refused to be Priests, as well as to be Pastors sayth of Rectors, may be sayd of simple Priests or Re­ligious, if theise take such courses of life for wrong ends. And if some Saints haue refu­sed to be Byshops, more haue accepted it: and some allso haue refused to be simple Priests, not for the danger, but for humilitye, because they thought not thēselues worthy of such a function. Zacheus, vpon confidence of Christs loue, accepted his offer to come to his house, and the Centurion, vpon humilitye, refused it: both well, but he better. So it be God, who im­poseth charge of souls vpon vs, and we accept it for his loue, it cannot but be more accep­table to him, to accept it, then [Page 93] to refuse it, and less dange­rous to vs, because God, in his goodness bindeth himself to assist vs far more, in accepting for his loue, the burden which he imposeth vpon vs then in refusing it, when he imposeth it: and less danger is, when God far more assisteth vs. And hence some write, and gather it out of the Apocalypse c. 2. and 3. that God giueth to eue­ry Byshop, a speciall Angel Gardian.

3. Thirdly I proue, that a Pastor or Proper Priest with charge of souls, loueth more his Penitents, then an other, who hath not such charge, be­cause a Pastor is like to a Father to his sheep, and an other, is but like a Paedagog. For as the Apostle sayeth to the Corin­thians 1. Corinth. 4. Though yee [Page 94] haue ma [...]y thousand Paedagogs, yet yee haue not manye Fathers, for I haue begotten yee in Christ by the gbospel. And Pastors, are the proper Fathers of their Paris­hioners, because they begett them in Christ by baptisme, and giue them their first spiri­tuall life. And the loue of a Fa­ther is naturally greater, then is the loue of anye Paedagog. Sotus allso lib 10. de Iure & lu­stitia q. 3. art. 1. sayeth: The mer­cenarie flyeth, because he is a mer­cenarie, to whome the sheep are not proper, because the sheep belong not to him, for as Christ sayeth, they are not his own, as not com­mended to him by Christ, it fol­loweth, that he loueth them not, to witt, with that loue, which was demanded of Peter, whether he loued him more then the rest. In What is commō to all is neglec­ted of all. Ari­stotle. which words he sheweth, [Page 95] why the Penitents are the Pastors own, and proper to him, to witt, because they are cōmitted to him by Christ, and that therefor there is a speciall loue in a good Pastor towards his sheep, as there was in S. Pe­ter, which is not in others, to whome Christ hath not com­mended his sheep, and he ad­deth: How can they loue souls to the loss of their liues, whome they account not their owne? And the reason why God infuseth a spe­ciall loue into a Pastour, is, be­cause a Pastour must haue a speciall care ouer such, as God committeth to his charge, more then others need to haue, which speciall care he cannot performe without a speciall loue: and therefore as God gi­ueth to Pastors a speciall care of his sheep, so he giueth them [Page 96] a speciall loue of his sheep: which speciall loue he giueth not vsually to others to whome he giueth no speciall care of his sheep. For as God and na­ture doe not faile in things that are necessarie, so nether doe they abound in things that are superfluous.

4. Fourthly, I proue that a good Pastor or proper Priest loueth more his Penitents, then an other Priest doth, because for the loue of God, and of them, he bindeth himself to assist them in what danger soe­uer, and for their sakes vnder­taketh the greatest burdē, that cābe, which is to answer soul for soule for euerye one of them. And therefor not onely doeth to them all the good, which others doe, but hindeth him­self thereto, which others doe [Page 97] not, and (as Lib. de Simili­tudin. S. Anselme sayth of them, who not onely doe good, but allso vow to doe it) giueth not onely the fruit, but also the tree. Whereas other Confessors, nether binde them­selues to assist their Penitents, nor will vndergoe that great burden of answering soul for soul For of Mendicants Rodri­quez tom. 1. q 35. art. 5. writeth, that they allwayes refused to put See Re­gulas Socie­tatis parte 4. c. 2. §. 4. p. 119. the heauye burden of Curats vpon their shoulders. And Bellarmin. lib. 2. de Monachis c. 45. sayeth: They doe not minister spi­rituall things, of due: but doe minister them to whom, when, and where they please, with­out all binding of themselues thereto; and therefor cannot aske releef of iustice or due, but onely of charitye, as they minister spirituall things, not out of dutye, but onely [Page 98] of charityc: Thus he. If any say, that Pastors or Curats take that bond and burden vpon them, for loue of their tithes or reue­news; I answer, that good Cu­rats or Pastors of souls doe not, and I speake of good Curats, or such good Confessors as haue charge of souls, and I com­pare them with such good Confessors, as haue no charge of souls. Secondly, as it were against charitye to thinck, that such as heare confessions with­out charge of souls, doe it wholly or principally for loue of almes or reward: so it were against charitye, to thinck the like of good Curats. Thirdly, none in England, who may haue charge of souls, could vndertake that burden for loue of tithes or reuenew, because there he can expect none. And [Page 99] out of all which hath been sayd and proued in this Chapter, it will easily appeare, that if anye Catholicks in England be not willing to haue such Confes­sors as loue them more, and binde themselues to farr more for their loue, then others doe, they are not so desirous of their own good, and assuredness to be holpen in what need soeuer, as in wisedome and in loue to themselues they ough to be, and as they would be, if it were in matter of their tempo­ral state, or temporal life. For who would not haue a good corporal Physitian, or Aduo­cat, who would binde himself to assist him? And if anye should not loue more such a Confessor, as loueth him farr more, then an other, and vn­dertaketh the greatest bond of [Page 100] loue that can be in this world, he should shew himself to be very vngratefull, and would be ashamed to doe the like to anye kinde of freind, in anye other matter whatsoeuer.

FIFTEENTH CHAPTER. That it is better to confess to ones proper Priest, then to an other, because he is a more noble officer or minister of the Sacrament of Pennance.

1. THe twelft proof, that of it self it is better to confess to ones proper Priest, who hath charge of their souls, then to others, I take from the greater excellencie of the of­fice, and this I proue: first, be­cause Confessors with charge of souls were immediatly insti­tuted by Christ Ioan. 20. where [Page 101] he sayth to his Apostles, Take the holy Ghost, whose sinns you shall remitt, they shall be remit­ted: which power with charge of souls, doth remaine in Bis­hops their successors. For as S. Thomas sayth 3. parte q. 67. art. Bishops proper­ly suc­ceed the A­postics. 2. Bishops succeed to the Apostles. Sotus 4. d. 21. q. 1. art. 4. By Gods law, Bishops succeed the Apostles, and the same he hath lib. 10. de Iure q. 1. art. 4. Bel­larmin. lib. 1. de Clericis c. 13. Bishops, properly succeed the Apostles. And cap. 14. All Fa­thers doe constantly teach, that Bishops succeed the Apostles. And lib. 2. de Confirmatione c. 22. Bishops doe simply and absoluty succeed the Apostles. The same sayth Stapleton controu. 6. q. 3. art. 3. Nether doth anye Ca­tholick deny, that Bishops suc­ceed the Apostles in their [Page 102] power and authoritye of forgi­uing sinns, by Christs own in­stitution. But the difficultye may be of other inferior Priests, who, vnder Bishops, haue charge of souls, as Cu­rats haue, whether the office of such were immediatly insti­tuted by Christ, or no. But the office of Curats may be consi­dered two wayes, ether as an Office of Cu­rats cō ­sidered two wayes. office separately taken by it self, or as a parte of Episcopall office and authoritye, not in­cluding that, which was extra­ordinarie in the Apostles, and necessarye for the beginning or founding of Christs Church, as the spirit of the 70. Seniors was but a parte of the spirit of Moyses. And if the of­fice or authoritye of Cu­rats be thus considered, it is immediatly of diuine institu­tion [Page 103] as Episcopall authoritye is, and as the spirit of the 70. Seniors was. For it is of the same nature, of which Episco­pall authoritye, though not so great, as Episcopall authoritye is: as Episcopall authoritye is of the same nature of which Apostolicall authoritye was, though not so high, and as the authoritye of the 70. Sen [...]ors was of the same nature with the authoritye of Moyses. And if the office of Curats were but in this sorte immediatly institu­ted of Christ, it would appeare to be farr nobler, then is theirs, who heare confessions without charge of souls. For the office of those, was neuer instituted immediatly by Christ, either separatly by it self, or in a whole, whose parte thereof it is, but is of a different nature. [Page 102] [...] [Page 103] [...] [Page 104] because Christ, neuer institu­ted an office to forgiue sinns without charge of souls.

2. But indeed it is more probable, that the office of Curats was it self instituted im­mediatly by Christ, or by the Apostles at his command. First, because (as Suarez confesseth tom 3. de relig. l. 1. c. 17. n. 25. The office of Curats, neces­sarye to the Church and it is euident) The institution of Curats is necessarye to the good gouuerment of the Church, and saluation of souls. And Christ, either instituted, or comman­ded to be instituded, all, that is necessarye to the good go­uerment of the Church and saluation of souls. For Gods workes are perfect, and euen in naturall things, he giueth all that is necessarye to their well being. Secondly, because Christ, besides the Apostles, [Page 105] instituted 72. Disciples Luc. 10. and gaue them authoritye to preach, as he did to the Apostles, and because authori­tye to preach without authori­tie to administer necessarie sa­craments att least, (as the sa­crament of Pennance is) were imperfect, therefor ether him­self gaue or appointed his Apostles to giue them authori­tye to administer that sacra­ment. And as S. Thomas sayeth 3. q. 67. art. 2. Christ gaue to the Apostles the office of baptizing, but to be exercised by others, and Bishops and Cu­rats suc­ceed the A­postles and 72. Disci­pl [...]s. by whom rather, then by the 72. Disciples? Besides, Sotus lib. 10. de Iure q. 3. art. 1. sayeth: Byshops and Parish Priests succed the Apostles and 72. Disciples Can. in nouo d. 6. And Bellarmin. lib. [...] de Cle­ricis c. 14. All Fathers constantly [Page 106] teach, that Bishops succeed the Apostles, and Priests the 72. Dis­ciples. And if any Priests succeed the 72. Disciples, surely Parish Priests, such as haue charge of souls. Thirdly, because the Apostles Ephes. 4. sayth, that Christ gaue separatly to his Church, Apostles, Prophets, Euangelists, Pastors, where, by Pastors, he vnderstandeth such as are not Byshops, for Byshops he vnderstandeth vnder the name of Apostles, to whome they succeed. And though some by Pastors vnderstand Byshops, yett they include allso such Priests, as vnder Bishops, haue charge of souls, as is to be seen in Estius vpon that place. And the same Apostle, Acts 20. calling to him the presbyters or elders of the Church, of Ephese sayeth indifferently to [Page 107] them all, that the holye Ghost had putt them to gouerne the Church of God; where that by Presbyters, he includeth not onely Byshops, but allso such Priests, as haue care of souls, appeareth, both because the word Presbyter, was in the Apostles time common to all such, as is euident, and there is no conuincing reason to proue, that the Apostle there restrained the common vse of that word, as allso because S. Thomas 2. 2. q. 184. art. 6. sayeth, that S. Paul there com­prehendit vtrosque, and the same sayth Bellarmin l. 1. de Pontif. c. 8. And Stapleton vpon that place: Paul here afsirmeth, that the Presbyters of Ephesus were made ouerseers of God flock, be­cause the ofsice of ouerseers belon­geth as much to a Parish Priest, as [Page 108] to a Bishop of manye cittyes. Mo­reouer, here is sayd, that there were manye Presbyters in the Church of Ephesus, and yett there neuer were manye Cor­nelius in Euse­bio l. 6. S Chry­sost. in Socrate l. 6 c. 12 Bis­hops in one Church. Where­fore here vnder that name, were allso, included some Pres­byters, who were no Bishops. I add allso. that S. Thomas 2. 2. q. 184. art. 6. expoundeth those wordes, opitulationes & guber­nationes 1. Corinth. 12. of Arch. deacons, and Curats, which Estius vpon that place, sayth, is the common exposition of the Latins. Fourthly l proue the immediate diuine institu­tion of such Priests, as haue charge of souls, out of the Councel of Trent. sess. 23. Can. 6. If anye shall say that in the church, there is not a Hierarchie instituted by Gods appointement, [Page 109] which consisteth of Bishops, Priests, and ministers, be he anathema. And Estius in 1. Corinth. 12. v. 27. sayeth: The Ecclesiasticall Hierarchie properly consisteth of Bishops, Priests, and Deacons. And seeing Hierarchie consi­steth formally in power to go­uerne, or in Principalitye, as is euident by the word itself, the Councel must needs meane, that by Gods institution, some Priests who are not Byshops, are gouernors in his Church. And if anye, surely such as haue charge of souls. Fiftly I proue it out of the profession of the Church in the consecration of Priests, where thus she profes­seth: when God had appointed Byshops to gouerne people, he chose men of inferior order, and of second degree, for to help their societye and worke. And she addeth, that the like was done in the [Page 110] wilderness, by giuing 70. elders to Moyses, and in the Synagog, by instituting Priests, and after that addeth allso: By this proui­dence, to the Apostles of thy Sonne, thou hast adioyned preachers of fayth, as companions, by whome they haue filled the world with hap­pye preachings. Wherefore o Lord, we beseech thee, add to our weakness theise helpers, who by how much we are the frayler, by so much the more we need them. Let them be prouidēt cooperators of oure order, lett shine in them the forme of all iustice, that being to giue good ac­count of the dispensation commit­ted to them, they may obtain the reward of euerlasting happiness. In which words, the Church professeth, that such Priests, as are to giue account of the dis­pensation committed to them (as those are, who haue charge of soules) are by Gods institu­tion, [Page 111] cooperators of Byshops, as the 70. elders were to Moy­ses, and Priests in the Synagog, were to the high Priest. I add allso, that the iurisdiction of Byshops and of Priests, is diffe­rent iure druino. For thus Bel­larmin. lib. 1. de Clericis c. 14. The Catholick Church acknowled­geth and teacheth, that Episcopa­cye is greater iure diuino, then Priest hood, both in order and iu­risdiction, which supposeth, that Priestly iurisdiction, is in­stituted iure diuino, and in whome, if not in Curats? And the same Bellarmin. praefat. lib. de Clericis sayeth: The Church is distinguished by Christ, into three orders, among which he putteth Curats. So that Curats are by Christs order in the Church.

3. Secondly, I proue, that Curats, of their prime institu­tion mini­ster all priestly sacra­ments, but o­thers not. [Page 112] a Curate is a more noble offi­cer and minister of the sacra­ment of Pennance, then an other who hath not charge of souls; because he is instituted not onely to minister the sacra­ment of Pennance, but allso all other sacraments which Priests can minister: whereas such as haue no charge of souls, be instituted onely to minister the sacrament of Pennance and the Eucharist, as is to be seen in Catholick Countryes, and if they haue leaue to mini­ster other Sacraments, that is onely in heathen and heretick countryes, and for want of Cu­rats. But he is a more noble mi­nister of the sacrament of Pen­nance, who of his prime insti­tution, is to minister all sacra­ments which Priests can mini­ster, then such, as of their pri­me [Page 113] institution, can minister onely two sacraments.

4. Thirdly because Curats, Curats haue true iu­risdi­ction ouer their flock. not o­thers. and such as haue charge of souls, haue not onely power and authoritye to minister sa­craments, but allso to rule and gouerne people, as Pastors doe sheep, and therefor Curats are termed by S. Thomas (as we shall see hereafter) lesser Princes, and inferior Prelats of the Church, ad are a parte of the Ecclesia­sticall Hierarchie or Principa­litie, and Bellarmin. l. 1. de Pōtif. c. 8. sayth: we grant, that it agreeth to Bishops and Priests, to feed and gouerne the Church. Whereas such, as haue no charge of souls, haue no au­thoritye to gouern them, but as they voluntarily minister sacraments to them, so theise voluntarily receaue sa­craments [Page 114] of them, and volun­tarily doe what they aduise them. Wherefor there is no true obedience, or merit of obedience to them, because they haue no true superioritye or power to command. But in doing what Curats command, there is true obedience, and merit thereof, and likewise true disobedience and demerit thereof in not doing what they command, because they haue true superioritye and authori­tye to command their flock. And doubtless, he is a more noble minister of the sacra­ment of Pennance, who hath Curats are the Princi­pal, o­thers but Co­adiu­tors. not onely power to minister sacraments, but allso iurisdic­tion and power to rule and go­uerne them, to whome he mi­nistreth the sacrament of Pen­nance, then he, who hath no [Page 115] iurisdiction and power to rule and gouerne them to whome he ministreth the sacrament of pennance. I add allso, that See [...]. Tho­mas 2. 2. q. 187 art. 1. Curats haue authoritye in themselues to minister sacra­ments, but who haue no charge of souls, are but Delegats, and haue onely the vse of authori­tye, which is in an other. And allso, that theise are but Coad­iutors Rodri­guez [...] 1. q 59. art. 2. [...]. to 3. q. 31. art 4. of the others. And a Coadiutor is inferior to the Principall.

5. Fourthly I proue that Curats are more noble officers and ministers of sacraments, by authorityes. For as the Glos­se Luc. 10. sayth: Byshops are like to the Apostles; inferior Priests, to witt Curats, are like to the 72. Disciples. And Gene­rally the Fathers teach, that as Byshops succeed the Apostles, [Page 116] so Priests who haue charge of souls, succeed the 72. Disciples as Concil-Neocesar. Can. 3. Damas. Epist. 3. Anaclet. Epist. 2. Augustin. in Psalm. 44. Leo Epist. 83. Isidorus lib. 2. de di­uin. offic. Beda in c. 10. Lucae. And S. Thomas 3. part. q. 67. art. 1. sayeth: To baptize, belon­geth Curats, lesser Princes of the Church succeed the 72. Disci­ples. to lesser Princes of the Church, that is, to Priests, who hold the place of the 72. Disciples of Christ, as the Glosse sayth Lucae 10. Sotus l. 9. de lure q. 4. art. 3. We must needs grant, that the office of Cu­rats hath the highest place of spiri­tuall functions. And 4. d. 18. q. 1. art. 5. Curats of Parishes haue ordinarye power, not from Byshops but from Gods law. Ibid. q. 4. art. 2. All those (Pope, Byshops, Curats,) are called ordinaries by Gods Law. For allbeit the Bys­hop giueth a Parochiall Church to [Page 117] this or that man: yet whosoeuer is Parish Priest, is by Gods Law the proper Priest, as allbeit the chusing of the Pope, belongeth to Cardi­nalls, and the chuseing of Bishops, to Canons, yett they haue power from Gods Law. For Christ him­self, who chose the Apostles, to whom Byshops succeed Can. Quo­rum vices d. 68. chose allso 72. others helpers of them, to whome Priests succeed Can. In nouo d. 6. Azor. allso tom. 1. l. 11. c. 24. speaking of Curats, sayeth: It cannot be denyed, that the state of Bishops and Priests, was ordai­ned by Christ our Lord, as sayth Anacletus, and it is related Can. in nouo d. 21. Byshops succeed to the Apostles, Priests to the 72. Disci­ples. And Suarez tom. 3. dere­lig. lib. 1. c. 17. n. 25. Gerson ad­deth, that the state and office of Curats, is by Gods law, and [Page 118] Christs institution, so as the Pope cannot take it out of the Church, as he cannot take away the state of Byshops, because Curats belong to the entire Hierarchicall order in­stituted by Christ. And this is pro­bable, both by most ancient tradi­tion, and because the institution of proper Curats, is necessarie to Curats necessa­rie to salua­tions of soules. the good gouerment of the Church, and saluation of souls. And (as I sayd before) doubtless, Christ instituted all that is necessarye to the good gouerment of the Church and saluation of souls. Nether will it follow, that Cu­rats are of mans institution, be­cause sometime Vicars are putt in their place; for though Gods affirmatiue lawes doe binde all­wayes, yet not for allwayes: and allso, because Apostoli­cal Vicars, and Archpriests, are sometimes put in places of [Page 119] Byshops, and yet none deny, that Byshops are of Christs in­stitution. Besides, Vicars, who are putt in place of Curats, haue charge of souls, which is all one for my purpose. Finally, S. Thomas 3. part. q. 67. art. 2. calleth Curats lesser Princes of the Church. And 22. q 188. art. 4. ordinarye. Prelats of the Church, and addeth, that for one to preach by authoritye of Prelats or to doe other such things, pas­seth not the degree of a disciple or subiect. Item. Religious, are instituted to preach and heare Regu­lars serue Curats. Confessions, not by their owne au­thoritye, but by the authoritye of superior and inferior Prelats, to whome that belongeth by office. And so they serue Prelats in such ministerie, which is proper to such a Religion. And S. Bonauenture lib. de Paupertate Christi p. [Page 120] 422. Religious men heelp Curats, not as Lords, not a [...] hauing charge of souls, but as seruants in chari­tye. And surely, seruants, and such as worke by authoritye of others, are less noble officers, then those, whome they serue, and by whose auctoritye they worke.

6. And to all these authori­tyes 12. Mar­tij An. 1624. I add, that lately the holye Congregation de propaganda fide hath decreed, that the end of Seminaries is more excellent, The end of Semi­naries more excel­lent therof Reli­gions. then the end of Religions because there is no sacrifice more gratefull to God, then the zeale of souls. Which decree they made, ha­uing called before them all re­ligious orders, and without op­position of anye of them. And if the end of Seminaries be more excellent, surely allso the end of Curats, fot whome [Page 121] principally, seminaries are in­stituted. And allso, that the Councel of Trent. sess. 24. c. 18. commanded, that all Byshops, who were able, should in their Dioceses found a seminarye for to bring vp Priests, who should take the charge of souls, which sheweth. that in the iudgement both of the sayd Congregation, and Councel, Priests, who haue charge of souls, are more excellent offi­cers, and more vsefull and needfull to the Church, then such are, who haue no charge of souls. I may add allso, that not onely Hen­r cus quod­lib. 12. q. 28. Maior 4. d. [...]8. q. 7. Gerson tract. de statu perfec­tionis. The state of Curats in it self per­fecter then Reli­gion. secular Diuines, but allso regular diuines doe grant, that the state of Curats is perfecter, then the state of Religious. For thus Suarez to. 3. de Relig. l. 1. c. 21. n. 6. If the state of religious and inferior Prelats, [Page 122] be considered in themselues, the state of Prelats is more perfect. And this (doubtless) meant S. Austin, when he wrote epist. 148. There is nothing more happie before God, then the office of a Bys­hop, Priest, or Deacon, if it be exercised as our Lord comman­deth. And S. Chrysostom, when he noted, that our Sauiour, hauing asked S. Peter if he lo­ued him more then others, bad him not enter into Religion, but to feed his sheep. And the Apostle, Philippens 1. chose rather to help souls, then to be in heauen with Christ, so much they esteemed pastorall care of souls.

SIXTEENTH CHAPTER. That it is better to confess to a Priest, who hath charge of souls, then to one who hath not, because he is necessarie to the good gouer­ment of the Church, not others.

1. THat Priests, who haue charge of souls, as Cu­rats, are necessarye, to the good gouerment of the Church, is e­uident by what hath been sayd before, that they are immediat­ly appointed by Christ, and by the profession of the Church, that they are such, as were the 70. elders in the wilderness, and as simple Priests were in the Sy­nagog. Secondly because as in an armye, naturall reason tea­cheth vs, that not onely a Ge­nerall is necessarie, but allso Captains of troupes, and vnder [Page 124] them, sergeāts and Corporalls, who cōmand immediatly eue­rye particular soldier: so reason will teach vs, in the Church, which is like to an Armye, be­side the Pope, who is Generall ād Byshops, who are Captaines of seuerall Dioceses, there should be vnder them, Curats, who in euerye parish should immediatly command and go­uerne euery particular Christiā. And the same we see in euerye kingdome, where besides the King, and Lieutenāts of shires, there are Constables, in euerye village. Thirdly, because Priests who haue charge of souls, are of the Ecclesiasticall Hierarchie and who are of the Ecclesiasti­call Hierarchie are necessarie for the good gouerment of the Church. For God and nature, as they faile not in necessaryes, [Page 125] so they abound not in super­fluityes. Fourthly, because Sua­rez (as we saw aboue in the for­mer Chapter) granteth, that Curats are necessarie to the good gouerment of the Church, and saluation of souls. Fiftly, be­cause the Church in all ages, and in all places, where she could institute Priests with charge of souls, did institute them, and deuided Christian people, into distinct parishes, and lately the Councel of Trent commanded it to be done sess. 21. c. 4. sess 24. c. 13. Therefor she iudgeth such to be necessarie to her good gouermēt, otherwise she would not so generally, and so conti­nually haue practised it, and all­so command it. Whereby we see, that if any will hinder or disswade the erectiō of Curats, or diuision of Catholicks into [Page 126] Parishes, they doe against the generall, and continuall prac­tise of the Church, and against her good gouerment, and the commandement of the Coun­cel of Trent. But that such Priests, as haue no charge of souls, are not necessary to the good gouermēt of the Church, is euident, because such haue no authoritie at all to gouern, because such were not institu­ted by Christ, because the Church for manye ages, had no such, nor euer commanded such to be instituted or vsed. And sith euerye one seeth, of what importance the good go­uerment of the Church is, eue­rye one may thereby fee, of what greater importance it is to haue Priests with charge of souls, rather then to haue others.

SEAVENTEENTH CHAP. That it is better to confess, to a priest hauing charge of souls, then to an other, proued by the comparison of the speciall motiues to confess to others.

1. HItherto we haue spoken of the spirituall motiues to confels to Priests, who haue charge of the souls of their Pe­nitents rather then to others, which (as we haue seen) are ve­ry manye, and allso weightye; now we will see the spirituall motiues, which may be preten­ded, that it is better to confess to others. And I will omitt all temporall motiues thereto, be­cause they are vnfittād vnwor­thye to be mentioned, when there is question or delibera­tion which kinde of Confessors [Page 128] are the best for the glorie of God, and spirituall good of Pe­nitents. The first spirituall mo­tiue, First motiue. to goe to what approued Confessor one will, may be, that such libertie doth in manye Pe­nitents help to make entire cō ­fessions more then would be, if they did euer confess to him, who hath charge of their souls, by reason of their bashfulness, or some other human wea­kness. True it is, that libertye to confess to what approued Confessor one will helpeth ma­nye to make entire confessiōs, more then restraint to one ap­proued Contri­tiō and amand­ment of life, of more impor­tance, then Confes­sion. for thē by the Church; but doth it not hinder as many to haue true contrition, and ab­solute purpose to amend what they doe confess? And seing contritiō is far more necessarie, and a more principall parte of [Page 129] the sacrament of pennance, thē Confession is, (because contri­tion may saue one without Cō ­fession, when a Priest cannot be had, but Confession without contrition, will doe no good) if restraint to confess to such as haue charge of our souls, help more to contritiō, and resolute purpose of amendment oflife, then libertye of confessing to what Priest one will, doth, it must needs be better, because it more helpeth to the more prin­cipall parte of the sacrament, which is contrition, and allso more to the end of the sacra­ment, which is forgiueness of sinns, and amendment of life, and a true Penitent will more regard that, which more hel­peth him to the more necessarie part of the sacrament of Pen­nance, which is contrition, and [Page 130] allso to the end of the sacra­ment, which is forgiueness of sinns, and amendment of his life, then that, which helpeth him more to the less necessarie parte of this sacrament, which is entire confession of his sinns.

2. An other motiue to leaue Second motiue. the Confessor, who hath charge of souls, and to cōfess to others, may be, that thereby the sacra­ment of Pennance, is more fre­quented thē otherwise it would be: but notwithstāding this, we should rather seeke, what hel­peth to receiue this sacrament better, then what helpeth to re­ceiue it oftner. Because to re­ceiue it better, though seldo­mer, profiteth much, whereas to receiue it oftener, but not better, profiteth little. And (as we haue shewed) confessing to ones proper Priest, who hath [Page 131] charge of souls, helpeth much to confess better, then liberty [...] to confess to what Priest one will, doth.

3. A third motiue may be, that Third motiue. diuers sorts of Confessors, who haue not charge of the souls of their Penitents, can commonly giue greater Indulgences, then such as haue charge of souls, cā giue. To this I answer, that this motiue hath little place in En­gland, where all Priests can giue sufficient Indulgence. Second­ly, that (as Bellarmin lib. 1. de In­dulgēt. cap. 11. well monisheth, after S. Thomas) Regular disci­pline must not be broken or relaxed for gayning of Indulgences. And if not regular discipline, much less Ecclesiasticall discipline, which is of more importance, then regular discipline, as the Church is of more importance, [Page 132] then anye regular order. Third­ly, that sith absolution from sinn, is of farr greater impor­tance, thē Indulgence, because, that is, forgiueness of the sinn it self, this, but a relaxation from some tēporall payne, after sinn is absolued, we should rather looke, what Priest can giue vs the most assured absolution frō sinn, then who can giue vs the greatest Indulgence, which will auaile vs nothing, if our sinn be not assuredly absolued. Besides, by confessing to one appointed to vs by the Church, we both merit and satisfye mo­re, then by confessing to one chosen by our selues (as is be­fore shewed) and thereby more encrease grace in our souls, and our glorie in heauen, which is more to be esteemed, then rela­xatio of temporall payne. And [Page 133] Sotus 4. d. 21. q. 2. a. 1. sayeth. Incre [...] [...]as of merit, better far then Indul­gence. of it self, it is much better to satis­sye by his own works, then to gain Indulgences. And ibid. Incompa­rably better, is the least increase of merit and grace, then to be freed from the greatest paine in Purgato­rie. Incomparably I say better to be with greater merit and grace in Purgatorie twenty yeares, then Nota­ble words of So­tus. with less, to be there but one day, yea to flye to heauen without all Pur­gatorie. Which words are wor­thie to be considered. Moreo­uer the valor or effect of Indul­gencet is not certain, vnless the causes of granting them be Na­uar. de Indul­gent. notab. 15 So­tus 4. d. 21. q. 2. art. 2. Bellar. min l. 1. de In­dulg. c. 12. iust and proportionable, be­cause the Pope, is not Lord of the treasure of the Church, but onely dispensor thereof, and which is a iust and proportio­nable cause, onely God (as Na­uar. sayth tract. de Indulg. no­tab. [Page 134] 15. n. 8.) knoweth. And he addeth ibidem n. 17. That too large Indulgences giue occasion to people to thinck, that more is got­ten by them, then is gotten indeed, and causeth more neglect of repen­tance, then ought to be. And num. 18. That the Pope may erre, in thinking this or that cause to be iust. And notab. II. n. 23. That it is most profitable, and most faif, to enioyne and accept pennance to be done in this life, and that it is not the part of a frind to enioyne small pennances. And notab. 5. n. 44. Setus 4. d. 20. q. 1. ar. 3 Paenitē ­tiae quae modo in vsu sūt, non tam paeniten­tiae, quā poenitē ­tiarum ludibria sunt. It is imperfection to seek Indul­gences, for after them to serue Christ coldly, and to vse less wari­ness and remedie to auoid sinns, and to roote out vices, which I feare this our age doth too much. And notab. 21. n. 2. approueth the opinion of Caietan, who sayth, that who will gett In dulgences, [Page 135] must haue a minde to doe as See Nauar. notab. 9. n. 12. Sotus 4. d. 21. q. 2. art. 2. great pennance himself, as would suffice for to satisfie for his sinns. And this, saieth l. 1. de Indul­gent. c. 13. Bel­larmin is profitable and pious. by which (sayth Nauar.) the hon­nor of Indulgences is conserued, the mouth of raylers against them stopped, and Christians stirred vp to doe worthye fruicts of pennance. And notab. 31. n. 44. According For In­dulgen­ces We must not for beare to doe acts of Pennāce. to the opinion of Diuines and Ca­nonists, we must not for Indutgēces, forbeare to doe acts of Pennance. And finally notabl. 17. he fea­reth that it is too true, which the Glosse sayth, That few gett Indul­gēces. Thus this pious, and most learned Canonist, which I wish them to consider well, who for to gett greater Indulgences, would leaue their proper Priest, and confeso to others. I add allso, that Regular supe­riors, Regu­lars, for no mo­tiues, will permitt theirs 10 con­fess to others. [Page 136] nether for more making of entire confessions, non ofte­ner frequenting the sacrament of pennance, nor for gaining of greater Indulgences, nor for anye other motiue whatsoeuer, will permitt their subiects, out of case of necessitye, to confess to others, then to such as they appoint. Which clearly she­weth, that they esteem more confession made to proper Priests, then all other spirituall commodities, which can come by confessing to others. And Onely necessi­tie mo­ued the Church moreouer I adde, that no grea­ter good, but onely the too great multitude of penitents, and the insufficiencye of pro­per Priests in diuers places, mo­ued the Church to condescend to people for to leaue their pro­per Priests, and to confess to others, as euident by the te­stimonie [Page 137] of S. Thomas, and others Supra cap. 5. before cited. And if not greater spirituall good, but onely necessitie by reason of too great multitude of Peni­tents, or insufficiencye of some proper Priefts, moued the Church to grant libertie to Cō ­fess to other Priests, good chil­dren of the Church, who will follow her aduise, should not vpon pretense of greater spiri­tuall good, but onely vpon the sayd necessitye, make vse of that libertie, which she vpon that necessitye, was forced to grant, and if that necessitye had not been, would neuer haue granted. I say allso that it is a di­uine precept, doe fruits worthye of pennance Luke 3. And to doe fruits worthye of pennance, in­cludeth (as l. 4. de poenit. c. i. Bellarmin See Grego­rie ho­mil. 20. in Euāg. S. Tho­mas in Luc. 3. well sayth and proueth out of holye [Page 138] Fathers) to make satisfaction to God, and as he affirmeth: They cannot be well called fruits worthye of pennance, vnless indeed they suf­fice to recompense the iniurye, if not inequalitye of quātitye, yet in equa­litye of proportion, and according to the acceptance of him, who was wronged: And also that Indul­gēces doe not exempt vs from fullfilling this diuine precept. And likewise, that not Indul­gences, Indul­gences are not satisfa­ctions, nor exempt from doing fruits of pennā ­ce. but the Penitents satis­faction, is a part of the sacramēt of Pennance, without which the sacrament of Pennance (as the [...]me Bellarmin Lib. 1. de Poe­nitent. c. 17. See him ib. l. 4. c. 8. sayth) is lame and imperfect, which lameness or imperfection, Indulgences doe not supplie, because they are no parte att all of the sacra­ment. Nether is it likelye, that Christ, in granting Indulgēces to his Church, meant thereby [Page 139] to make his sacramēt lame and imperfect, or to exempt peni­tents from full filling his diuine precept, of doing worthye fruits of pennance, which (as Nauar. sayd) is the doctrine of diuines and of Canonists. Final­ly, I say with Bellarmin. l. 1. de Indulgentiis c. 12. That prudent Christians doe so take Indulgēces, as with all they endeauour to bring fruites worthie of pennance, and to satisfye God for their sinnes. Which prudent aduise who wel consider, wil not for vncertain gayning of greater Indulgēce, leess the certain gaining of greater merit in confessing to their proper Priest: especiall, seeing merit (as truly sayd So­tus) is incomparably more to be esteemed, then Indulgence, though the gaining of this were certain.