r *"■ •*i^«*'^* <■■ f^^- ■n'-yift m ^ ^^. '/a IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ^1^ m \ lit lii 12.2 £ iffl IM III '-^ 1 ■' III— Photographic Sciences Corporation 23 WIST MAIN STRUT WKBSTER.N.Y. 14SM (716)«72-4S03 *'. CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductlons / Instltut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best originarcopy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checlted below. D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagie Covers restored and/or laminated/ Couverture restaurde et/ou pellicul6e D I I Coloured maps/ Cover title missing/ titre de couverture manque Cartes g6ographiques en couleur □ Coloured init (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ D Planches et/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents |r~71 Tight binding may cause shadows or distortion i-^ along interior margin/ D D La reliure serr6e peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^es lors d'une restauration apparaissent dans le texte. mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 film6es. Additional comments:/ Commentaires suppl^mentaires; L'Instltut a microf ilm6 le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la methods normale de filmage sont indiqu6s ci-dessous. I — I Coloured pages/ D D D D D D D Pages de couleur Pages damaged/ Pages endommag6es Pages restored and/or laminated/ Pages restaur^es et/ou peliicul6es Pages discoloured, stained or foxed/ Pages d6color6es, tachet^es ou piqu4es Pages detached/ Pages ddtach^es Showthrough/ Transparence r~~| Quality of print varies/ Qualit6 in6gale de I'impression Includes supplementary material/ Comprend du materiel suppl^mentaire Only edition available/ Seule Mition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuiilet d'errata, une pelure, etc., ont 6t6 fiim^es A nouveau de fapon d obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de rMuction indiqu6 ci-dessous. 10X 14X 18X 22X 12X 16X 20X M 24X 26X 30X 28X 32X I re J6tails es du modifier er une Fiimage ^es e f errata d to It le pelure, pon d n The copy filmed here has been reproduced thanks to the generosity of: Library of Congress Photoduplication Service The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated Impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustratri Impres- sion, and ending on the last page witii a printed or illustrated Impression. The last recorded frame on each microfiche shall contain the symbol ^^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: 1 2 3 L'exemplaire film* fut reproduit grAce h la gAnArosIt* de: Library of Congress Photoduplication Service Les Images sulvantes ont AtA reprodi->'** '4»AiSfeBtag&«;a»ATStewfa*ii,i%i,i^^ ■ H< LONDON : PKiNTEn nv SPOTTIStt'OODB AND CO., NISV-STREET SQIARE AND PAHLIAMENT STREET FASTING COMMUNION HISTORICALLY INVESTIGATED FROM THE CANONS AND FATHERS, AND SHOWN TO BE NOT BINDING IN ENGLAND. BV THE REV. HOLLINGWORTH TULLY KINGDON, M.A. ASSISTANT-eURATE, S. ANDRBW's, WBU.S aTRBBT : LATE VICE-PRINCIPAL OP BALISBURV THEOLOT.ICAL COLLECK. MORIBUS UTENTIUM IN CONTRARIUM NONNULLiB LEGES HODIE ABROGAT/E SUNT.-Cn»/M«. O MH NHSTEYON TO DASXA EniTEABI KAN XHMEPON KAN AYPION KAN OnOTEOYN META2XHI TH2 KOltiOHUX-A CArr*fto»i. SECOND EDITION. AND CO. CONTENTS. PAOE PAR')' I. //OIV CANON LAW BINDS. CHAP. I. Difference between Canons II. Canons wyn- binding III. DiSUSER ABROGATES CaNON LaW SI a? 36 PART 11. THE CANONS ALLEGED FOR FASTING COMMUNION. I. History of the Canons . SECT. i. Origin of the Canons ii. The African Canon . . . iii. The Spanish Canons iv. The Gallican Canons . r' 43 ■f . 43 .61 . 67 . 7» - - •^ i{ Contents. CHAP. SECT. I. V. The Quinisext Canon . • • • vi. The Canon of Constance vii. The supposed Canon of Nicaea . • • viii. Maundy Thursday . . • • IT. iNTEkPRETATtON OF THE CANONS . • • i. The meaning of ' jejunus ' il The change of Hours and Habits . . • III. The Inconveniency of Private Sklection of Disused Canons . • • • IV. The Fast after Communion . . • • PART III. THE TESTIMONY OF THE FATHERS. I. The Authority of individual Fathers II. Pope Soter . • III. Tertullian IV. St. Cyprian . . • • V. St. Greoory Nazianzene . VI. St. Basil . . • • VII, St. Ambrose . • VIII. Timothy of Alexandria IX. Theophilus of Alexandria L: iTHERS. I'HERS . 187 • . 194 • 200 . 225 , • . 231 • . 233 . 243 •. • • 249 , . 254 Contmts. CHAP. X. St. Epiphanius XI. St. Chrysostom XII. St. Augustine . XIII. Socrates . PAOI 259 Hit 3*5 PART IV. THE JEWIHH ^FAST' BEFORE THE PAHSOVEK. 329 PART V. THE ADVISABILITY OF FASTING COMMUNION. 347 \ FASTING COMMUNION. INTRODUCTION. A FEW years ago a Jesuit father, English by birth and -^^ education, was conducting a retreat for priests in the north of France. One day, at the time of recreation, the parish priest called on his brethren to sympathize with him in his satisfaction at having that day communicated two men. The English priest was astonished. 'What! only two > ' and the answer was, ' I have never seen such a sight before, during the twenty years that I have been here as Cur^.' This seems shocking to us to hear of now ; but it was probably the state of things in England just before the Reformation, which the Church then struggled to amend. Biel ' says that a layman is only bound to communicate once a year, and at death, and that not by our Lord's own command, but by the law of the Church. He does not accept our Lord's words as a law, being led by the denial ' De Canone Missa, Lectio Ixxxvii. lit. x. fo. 237, ed. 1542: 'De Com- munione laicorum immo gtneraliter fidelium rationis usum hrbentium dicitur secundum Alexandrum quol non tenetur nisi ex mandate Ecclesia semel in anno : et in articulo mortis. , . . Verba vero Christi quse in prseceptum sonare ' videntur, Nin manducrytriHs, &c., intelliguntur de manducatione spiritual! : ut supra dictum est.' In a volume of sermons printed at Hagenau in 1513, it IS said on Maundy Thursday, ' In primitivft Ecclesi4 omnes fideles singulis diebus communicabant ; postea communicabant domlnids diebus tantum. Postea statutum est quod solus sacerdos sumit in persond omHutm.'—Sermo «xiv. R. They are called Sermones Parati. I. B 7 inii'ii»iB«iiii'i(*»ii>iw ■ ^y i W. I >! ! >■ * Ml' 2 Introduction. of the Cup to the laity to explain spiritually the command, « Except ye eat the Flesh of the Son of man, and drink His Blood, ye have no life in you.' It is much to be feared that the action of those priests in the Church of England, who are spoken of on all sides as insisting on Fasting Communion as a necessity, even under pain of committing mortal sin, will (if not checked) issue in some such neglect of communicating, as was the rule before the Refonnation, and obtains in some forf.ign countries now. If it be true that some of these rigorist priests have refused to communicate invalids, because the medical man had directed food to be taken every two hours,' and have distressed devout aged persons by saying they were committing a mortal sin by supporting their enfeebled nature with a little food before communicating— if this be true (and the evidence is too strong to be doubted), it is clearly advisable that some enquiry should be made into the grounds of this teaching. Now there are three grounds taken up by those who are ' said to be teaching thus. The first is, greater reverence to the Sacrament ; the second is, the obligation of the canons of the Church ; and the third is, the assimilation of our rule to that of other Churches. The main object » of this essay is to enquire into the obligation of canons on this subject ; but a little may be said, by way of introduction and in the course of the enquiry, on the other two heads. With respect to greater reverence to the Sacrament. I One such, after refraining from Communion for some time, becoming greatly distressed, persuaded a priest to celebrate at a q^f^er before one in the morning. Thus the ' natural fast ' was observed, though food had been taken within an hour of the act of Communion. The inevitable exhaustion of the sick was disregarded. Surely this could not have been ' a reasonable service. This is no isolated case. , . , , . .. e ^ » I heard in private that I vas supposed to have .shirked the argument from the Fathers ; in this edition, therefore, much care has been devoted to the discussion of all known passages from the Fathers which seem at all to bear on the subject. The object has been to make the historical investigation as thorough as possible. Introduction, t tually the command, 1 of man, and drink ction of those priests poken of on all sides as a necessity, even will (if not checked) lunicating, as was the ains in some forf.ign ame of these rigorist invalids, because the be taken every two jed persons by saying by supporting their fore communicating — is too strong to be t some enquiry should ching. n up by those who are s, greater reverence to oligation of the canons he assimilation of our e main object « of this tion of canons on this by way of introduction the other two heads, tice to the Sacrament. nion for some time, becoming e at a quarter before one in the d, though food had been taken e inevitable exhaustion of the ive been 'a reasonable service.' have shirked the argument from care has been devoted to the ers which seem at all to bear on the historical investigation as All physical and physiological questions should be out of question here, for all men are not constituted alike, and all men have not the same ideas of reverence. It may please some to argue that, because digestion goes on much more rapidly when the work of day in brain or body is proceed- ing than during sleep, therefore a man is in reality more fasting at twelve o'clock in the day after a light breakfast than he would be at six o'clock in the morning after a heavy supper. But this convinces no one who feels bound by the technical law that a man who is to celebrate or communicate must be fasting from the middle of the pre- ceding night. For such a man would feel at liberty to celebrate or communicate soon after midnight, though he had supped a short time before ; since, as Merati observes in his notes on Gavanti,' ' Strictly speaking, there is nothing to hinder a priest from celebrating on Christmas night, though he have eaten just before midnight.' Then, again, English ideas of reverence are at present diflferent froni those of foreigners. Foreign canonists » say that neither snuff, nor smoking, nor chewing tobacco breaks the fast of the priest about to celebrate; whereas to wash out the mouth, or to suck an aromatic capsule to remove the adventitious stench, would be forbidden. Indeed, if a priest feels it necessary to wash his face before celebrating, he must be careful to keep his lips shut, lest any water should enter his mouth and mix with his saliva. To English minds, or at all events to English senses,' there is ' Gavanti, Thaaurus Sac. Rituum cum AdditionUms C. M. MeraH, Ve- netiis, 1769, torn. i. p. 235. Comfn. in Rubricas Missalis Romani, vmsv, tit. iii. § 12. ' r • » Gavanti, TTiesaurm, torn. i. p. an. Quarti Commentaria in RuMcas Missalis, Venetiis, 1727, pars iii. tit. iv. g 4, p. 371. * It is satisfactory to find that in Mexico the use of tobacco before cele- bration is prohibited by the canons of several councils. One in Peru con- demns the custom in strong language : « In conciHo Limensi prohibetur sub reatu patna atertue damnationis Presbyter, celebraturis ne tabaci pulverem nanbusetiam praetextu medicinae ante Sacri icium svmaxA.'—T^eologia Practica auct. D. Nicolao Pauwels, pars ii. p. 463 ; Lovanii, 1716. ' B2 r" C'i A Introduction. a perception of lack of reverence in the odour of tobacco being breathed in the face of fasting communicants : and it might be thought that acquired foulness of breath should be avoided as much as anything else. It might almost be said that real piety was at a low ebb, when reverence must depend upon the dicta of physiological professors. But, apart from this, ideas of reverence are very various. If at some times it be thought necessary out of reverence for the Sacrament to receive fasting, it was thought at other times equally necessary to receive, on Maundy Thursday at least, after a banquet or Maundy. This custom, best known as popular in North Africa, is yet heard of in Phrygia, Constantinople, Gaul, and Spain; and it does not seem to have been finally discontinued till the end of the seventh century.' Indeed the discontinuance of the custom is distinctly stated to be out of reverence for Lent rather than from reverence for the Sacrament; though in Spain it was forbidden because of the abuse of the custom by the Priscillianists. Now it must be remembered that in our northern climate there is a greater demand upon the resources of the body for heat than in southern climates ; » and often distress of body, in those who are not quite hardy and strong, prevents what is of chief importance— reverence of mind. So that, if real reverence be desired, some are com- pelled to obviate extreme distraction and anxiety by some slight partaking of food.* For it is clear that, if our service • See below, part ii. chap. i. § 5. » See an exceUent little pamphlet on TAe ChurcKs Rule of Fasting considertd in its Medical Aspect, by George Cowell, F.R.C.S., Surgeon to the Westminster Hospital. London : Church Printing Company. » Tims John Johnson wrote, • There are many who cannot communicate fasting without great uneasiness and indevotion, unless they go directly from their bed to the altar ; and these men must indulge the cravings of an inferior nature, so far as to quiet their spirits and preserve a due attention of mind in the service of God; . . and, indeed, we of this northern climate are vain if we pretend to imitate the old Eastern, African, or Italian Churches in their fost- ings. Our air is much more severe than theirs,' &c. See the whole passage below, at the end of the Essay. our of tobacco lunicants : and r breath should ight almost be reverence must issors. re very various, ut of reverence ^as thought at ;, on Maundy Maundy. This Africa, is yet ind Spain; and ntinued till the discontinuance at of reverence the Sacrament; of the abuse of 1 our northern tie resources of :es;' and often uite hardy and :e— reverence of I, some are com- mxiety by some at, if our service • of Fasting considered an to the Westminster cannot communicate they go directly from :ravings of an inferior ; attention of mind in n climate are vain if [Churches in their fost- iee the whole passage Introduction. X of God is to be rational and spiritual, and not merely bodily and external, then reverence of reason and spirit must be of more importance than mere reverence of body, unless there is some definite command of God or man compelling the conscience to the contrary. Now all who are worthy of attention agree that there is no Divine command > binding the conscience to Fasting Communion ; almost all agree that there is a Divine command to receive Commun- ion ; and all must agree that there is a Divine command to worship especially in spirit and in truth. It follows that recollectedness of mind and devout reverence of spirit must be of more importance than accidental disposition of body. Therefore, without discussing the material questions of physiology (which, though shocking to some, are useful to others) about the action of the saliva in the mastication of the element, or the period of duration of digestion, it may be concluded that if the feeble, or aged, or sick find their minds distressed by a fasting body, they do not otherwise than well in taking some small portion of food to quiet the distress of body.» For, as Mr. Poyntz has well said, ' The ' Thus Biel, discussing the exceptions to this rule of Fasting Communion, shows that if a priest by inadvertence have consecrated and consumed water and so have broken the natural fast, he is bound to repair his error and perform the proper act of consecration. He sums up thus : ' Ex una enim parte habet sacerdos prseceptum Christi : ut scilicet sanguinem consecret post corporis con- secrationem : habet et districtum Ecclesiae praeceptum de percipiendo conse- cratum. Ex alia autem parte non habet nisi leve praceptum EceUsia compara- tive, scilicet de jejunio ' (Biel, De Canone Misses, Lectio x. lit. d. fo. 14, ed. 1542)- He also argues that the priest is not fasting when he communicates oii ^ood Friday : « In die Farasceves particula posita in calicem percipitur cum vmo non consecrato. Et verisimile est quod vinum citius descendat in ventrem quam ilia particula : ei^ ex consuetudine Ecclesiae sacerfos percipit Eucha- ristiam non jcjumts, ' * I am allowed to record the following anecdote of the gentle Bishop Burgess of Salisbury. He was himself in the habit of communicating fasting, and explained his custom to one who remarked on his not taking breakfast. But when the natural reply came, ' If it is right for you it is right for me,' he immediately answered, • I lay my commands on you never to attempt it :'you are not strong, and come of not robust parents, and it would be impossible for you to practise it, and wrong for you to try to do so.' •j**.«a«K*l»-wc^'M«3««*'^ iwmimwfiiii Introduction. ii- highest reverence that can be paid is that it should be re- ceived by a devout and earnest Christian.' ' Anything that disturbs devotion and earnestness detracts from due reverence. / The third ground relied on is the necessity of assimila- ting our rule to that of other Churches, with especial view to future union. May God in His mercy grant that union which all Christians must long for! But it may be doubted whether any course of action which is likely to hinder many from the Sacrament of Union in England would be likely to forward union. The rigour of Fasting Communion has been variously relaxed in various places. The communicating after a Maundy hindered not the union of North Africa with Rome and Constantinople.' The Egyptians who communicated every Saturday after supper were not out of Communion with other Churches. The refusal of the Mechlin and Roman rituals to allow Com- munion to the sick who had broken the ' natural ' fast (ex- cept by way of viaticum to the moribund ») hindered not union with Cambray, where the Manuale allowed the sick, who were unable to remain fasting, to communicate often in the same illness. Gabriel BieP ai^ues that by the ' The Fast before Communion, by Rev. Newdigate Poyntz ; London, Palmer, 1872, p. 6. » Socrates, the ecclesiastical historian, has a chapter on the varieties of customs. It is of great value as showing how the widest variation in practice and discipline did not hinder intercommunion.— Socrates, Hist. bk. V. chap. 22. The chapter is given below, part iii. chapter xiii. • Van Espen, Jus Ecclesiasticum Universum, pars ii. § ii t't- »v. cap. iv. § 6 ; Lovanii, 1753, torn. i. p. 404. * See the passage quoted in a previous note. Some, it is true, have con- tended that the presence of the presanctified particle is sufficient to consecrate the common wine and water. In the Ordo Romanus it is said, • Sanctificatur vinumnonconsecratumpersanctificatumpanem' (ap. Hittorpium Romje, 1591, p. 49, B. So also Alcuin, Id. p. 50, A). Micrologus also (Id. y. 388, B) in chap. 19, says, ♦ In Parasceve vinum non consecratum cum Dominic4 oratione et Dominici Corporis immissione jubet consecrare. ' But this is directly opposed to the rule which requires the priest not to take the ablutions before a second mass, since they are not consecrated by the reliquia, and would break his fast. It is argued out in the glosses on Gratian, and decided ' Evacuatur opinio quw dicit quod quicquid Sanguini Christi commiscetur Sanguis est.'—/?* Com. dist. I, Introduction. it should be re- Anything that acts from due sity of assimila- th especial view [rant that union iut it may be lich is likely to ion in England gour of Fasting 1 various places, jd not the union intinople.' The day after supper Churches. The 5 to allow Com- latural ' fast (ex- ») hindered not allowed the sick, mmunicate often les that by the ite Poyntz ; London, er on the varieties of St variation in practice tes, Hist. bk. v. chap. ii. § I, tit. iv. cap. iv. le, it is trae, have con- sufficient to consecrate is said, ' Sanctificatur ttorpium Romae, I59i> also (Id. p. 388, B) in :um Dominic^ oratione this is directly opposed :Utions before a second vould break his fast. It Evacuatur opinio qu% est.' — J)eCotis.6\&i. i, precept of the Church the priest does not communicate fasting on Good Friday ; for he takes the presanctified particle in common wine, and as the wine is at once taken up by the system, the natural fast is broken when he com- municates. Is it possible to suppose that Pope Leo III., an old man,' could have habitually performed his seven or nine Masses a day without some portion of food taken before some of them } Must we suppose that children going to or coming from school were absolutely fasting from the previous midnight when they were taken into Church to consume the remainder of the consecrated elements, as was done at Constantinople and at MAcon } or if u be argued that Christian children might have been fasting, was the Hebrew child fasting to whom a portion was given as recorded by Evagrius and others ? * But the giving the Cup to the laity, pronounced a Jieresy by the Council of Constance, is quite as likely to hinder union in the West as the relaxation of the rule of Fasting Communion ; for those who are not able to communicate fasting have not yet been called heretics openly.' It may not be well to give up much in prospect of problematical success. With excellent intention Mr. Poyntz* has learnedly argued that it is within the power of each diocesan Bishop to grant a dispensation from this fast, which therefore should be sought at his hands. If the argument of this essay is correct, there is no law binding in England to cap. Sufficit, §Et alteram. Extra deCel. Mis. Ex parte. Decretum, col. 1904; Decretales, col. 1367 ; Lugduni, 1606. Durandus (Rationale, lib. vi. cap. 75) s-iys the wine is not consecrated but is hallowed (sanctificari). ' 'Fideliuirf relatione virorum in nostram usque pervenit notitiam, Leonem papam sicut ipse fatebatur una die vii vel ix missarum golemnia sapius cele- brasse ' (Walafrid Strabo, De Sebus Ecdesiasticis, cap. xxi.). Leo IIL died A.D. 816, and Walafrid was made Abbot of Reichenau in A.D. 842. * Evagrius, Hist. Eccl. lib. iv. cap. xxxvi. Nicephorus, lib. xvii. cap. xxv. St. Gregory of Tours, De Gloria Martyrum, lib. 1. cap. x. * Sala indeed thinks 'ut hicc opinio error in fide censeri debeat.'— Bona, Opera Liturgica, vol. ii. p. 109, note, 1749. * The Fast before Ccmmunion, Palmer, 1872. '^ii I m 8 Introduction. require the fast, and so no English diocesan bishop would grant a dispensation if asked to do so. If we accept the dicta of foreign canonists as our own, and say, for the sake of some nearer prospect of union, that the law of fasting is to be regarded as binding, in England, then the sug- gestion of Mr. Poyntz does not help us ; for he seems to have overlooked or ignored the fact that the same extern authorities ' say that none but the Pope himself can grant the dispensation. True, Charles V. never received fast- ing, but then he had a running dispensation from Pope Julius III. When the arrogant pride of the exclusive Ultramon- tane is lowered, so as to render union possible, it will not be impossible to lessen any difficulty on this score by re- quiring a dispensation, if necessary. Until this blessed consummation be arrived at, it may be doubted whether a sudden attempt at rigour will not do more harm than good. Violent language about 'mortal sin' is too easily used ; it may attract attention to subjects too long ne- glected, but it often wounds earnest Christians, shocks those who are growing in the faith, and imperils the health of souls. It is therefore earnestly to be deprecated. We must now try to see what is the law of the Church. But there is one great difficulty which we have to meet in dealing with questions of this kind. We are too apt to carry our modem views with us when we search into antiquity. Some carry into the writings and sayings of antiquity a meaning which they will not bear. There are, indeed, two ways of approaching an ancient author. A man may previously make up his mind what the writer must have meant, and then try to convey to the words he used the preconceived meaning. Or a man may try to find out what the words used must have meant at the time, ■ Supttna Summarum, ab R. P. Silvestro Prierate I.ugduni, 1551, p. 346, S.V. Eucharistia III. § viii. P. M. Quarti Commentaria in Rubrkas Missalis, Venetiis, 1727, pp. 13 and 377. Introduction. 9 an bishop would If we accept the say, for the sake he law of lasting d, then the sug- for he seems to : the same extern limself can grant er received fast- ation from Pope lusive Ultramon- tssible, it will not this score by re- rntil this blessed doubted whether more harm than iin' is too easily cts too long ne- ians, shocks those perils the health leprecated. iw of the Church. t have to meet in 'e are too apt to we search into s and sayings of bear. There are, icient author. A what the writer T to the words he man may try to leant at the time, Lugduni, 1551, p. 346, \a in RtibrUas Missalis, and then come to the conclusion that the writer must have meant what he said. Too many writers, whether contro- versialist or not, have adopted the former method, which is distinctly most liable to error ; ' but it has been the endea- vour in this essay to adhere to the latter plan. It is worth while to give one or two examplep of the erroneous method which have reference in some way to the matter of this treatise. The first example is that of a mistake, which is all the more mischievous from the great and deserved popularity of the book and its author. It is taken from Miss Yonge's capital ' Book of Golden Deeds,' and is from a description of the rescue of a young nobleman from slavery by his grandfather's negro slave." That same night the two faint, hungry, weary travellers, foot- sore and exhausted, came stumbling into Rheims, looking about for some person still awake to tell them the way to the house of the priest Paul, a friend of Attalus' uncle. They found it just as the church bell was ringing for matins, a sound that must have seemed very much like home to tjiese members of an episcopal household. They knocked, and in the morning twilight met the priest going to his earliest Sunday morning service. Leo told his young master's name, and how they had escaped ; and the priest's first exclamation was a strange one, ' My dream is true ! This very night I saw two doves, one white and one black, who came and perched on my hand.' The good man was overjoyed, but he scrupled to give them any food, as it was contrary to the Church's rules for the fast to be broken before Mass; but the travellers were half-dead with hunger, and could only say, 'The good Lord pardon us, for, saving the respect due to His day, we must eat something, since this is the fourth day since we have touched bread or meat.' The priest upon this gave them some bread and wine, and after hiding them carefully went to church, hoping to avert suspicion. This account is very remarkable ; for this is not a ' St. Jerome complains of this, 'Et quisquam tam iniquus lector erit, ut non ex meis dictis, sed ex suo me sensu judicet ? ' — Ep. xlviii. ad Pammachium, Verona, 1734, torn. i. col. 212. ' A Book 0/ Golden Deeds, by Charlotte M. Yonge, 1864, p. 120. A most delightful and edifying book. 1 f, M II 3 lO IntrodHction. case of men who wished to communicate or celebrate Mass, but of two men who wished to hide. It is asserted as a broad rule, that no food was to be taken before the hour of Mass by anyone whatsoever. The priest was going to matins about three o'clock i^.M., and Mass would not be said until six hours later. If therefore, in the sixth century, we find a priest scrupling to give runaways who were starving any food on a Sunday morning six hours before Mass was said, it would be a remarkable thing indeed. But when we turn to the original story as told by St. Gregory of Tours in his most amusing and interesting history, then, lo and behold, the scruple of the priest, the desire for pardon on the part of the runaways, and the rea- son for both, all vanish together, and the narrative, shorn of its adventitious matter, is more easy of acceptance. The original and a literal translation are placed side by side :' — Hi autem nocte ipsA adti- gerunt ad urbem ingressique invenerunt hominem, quera scisciuti sunt, ubinam esset domus Paulellii presbyteri: indi- cavitque eis. Qui dum per pla- team prjeteriret, signum admatu- tinas motum est : erat enim dies Dominica. Pulsantesque ja- nuam presbyteri, ingressi sunt Exposuitque puer de domino sue. Cui ait presbyter, 'Vera est enim visio mea ! nam vide- bam duas in hac nocte columbas advolare et consedere in manu mea : ex quibus una s^lba, alia autem nigra erat' Dixeruntque pueri presbytero, ' Indulgeat Dominus ' pro die suS. sanctS, ! But that very night they reached the city, and as they entered they found a man, whom they asked where the house of Paulellius the priest was : and he showed them. But as he was passing along the street, the bell went for matins, for it was Sunday. They knocked at the door of the priest and ■?(fent in. And the slave told who his master was. To whom the priest says, 'Well, then, my dream is true! for I saw to- night two doves fly to me and settle down on my hand : of which one was white, and one was black.' And the youths said to the priest, ' The Lord ' Gregorii Turonensis Hislotia Francorum, lib. iii. cap. xv. Paris, 1561, p. 136; Parisiis, 1699, col. I2I. 'It has been acutely suggested that the real meaning of this is, • Please, sir, be good to us for this your holy day's sake ! ' ilrrri Introduction. II jr celebrate Mass, i is asserted as a before the hour est was going to ass would not be the sixth century, aways who were six hours before Die thing indeed, tory as told by ig and interesting of the priest, the vays, and the rea- narrative, shorn of acceptance. The :d side by side :' — It very night they ; city, and as they ■f found a man, whom where the house of the priest was : and them. But as he ; along the street, the or matins, for it was rhey knocked at the ; priest and tvent in. slave told who his LS. To whom the 3, 'Well, then, my true! for I saw to- ioves fly to me and n on my hand : of was white, and one ,' And the youths e priest, ' The Lord i. cap. XV. Paris, 1561, ning of this is, ' Please, Nam nos rogamus ut aliquid victui praebeas ; quarta enim inlucescit dies, quod nihil panis pulmentique gustavimus.' Oc- cultatis autcm pueris, praebuit eis infusum cum vino panem, et abiit ad matutinas. vouchsafe it for his holy day's sake ! For we ask you to give us something to eat ; for the fourth day is now dawning that we have tasted no bread or meat.' When therefore he had hidden the youths, he gave them bread sopped in wine, and went to matins. Here we have a wonderful instance of ' farsed ' history ; and the ' farsura,' or force-meat, all arises from a miscon- ception of the word indulgent. In later Latin this would certainly mean pardon, therefore it must mean this here. But a difficulty arises because there is nothing in the story, as given by St. Gregory, which makes sense if indidgeat be translated ' pardon.* Therefore into the narrative there must be inserted an interpolation to force the sense. Inventive genius is set to work, and some imaginary scruples of the priest and pleading on the part of the runaways have to be introduced to make the tale run smoothly. The truth is that the meaning of pardon had not yet become appro- priated to indulgeo, and St. Gregory rarely uses the word in this sense. In order to ascertain this beyond reasonable doubt, I have read all St. Gregoiy's works as given in the Benedictine edition, with the following result. I find I have noted down thirty-two places besides the present where 'indulgeo' is used, and in only four' of them does it ' St. Gregory's works, though very interesting, are not very commonly found in private libraries, so the context of these four passages is here given. Where a/(»^,f isgiven in the references to St. Gregory, it cites the Paris edition of the Historia Francorum of 1561 ; the column refers to the Benedictine edition of the works of St. Gregory, Paris, 1699. The four passages with the sense of pardon attached to indulgeo are the following : — Hist. Francorum, lib. ix. cap. viii. p. 494, col. 426 : ' Rogo ut indulgeatis malis meis qua contra vos gessi ' — I ask you to pardon the wrongs I have done you : of a man imploring pardon from a king and a queen-mother. Dt Gloria Martyrum, lib. i. cap. Ixxviii. col. 809 : ' Indulge injuriam hujus delicti '—excuse the wrong of this fault : a duke iks pardon of a pious archdeacon who had been igno- miniously maltreated by his servants who had mistaken orders. Id. lib. i. ap. Ix XV . ol. 821 : /. Ftancorum, lib. i. cap. xiii. p. 14: 'Quod peteret ut indul- geat poUicetur'— God promises to grant Solomon what he asked. Id. lib. 1. cap xiv. p. IS, col. 16: 'Salubremeffectumindulgeat.' Id. lib. ii. cap. xxx. p 93 : ' Si mihi victoriam indulseris.' Id. lib. x. cap. ult. : ' Munus divinitus iiidultum.' Dt Glorid Ccn/ess. cap. xlvii. col. 933: ' Multa indulgeri beneficia.' De Glo. Martyrum, lib. i. cap. Ixxi. col. 801 : ' Munus indultum divinitus.' Vita Patrum, cap. v. col. 1 164: 'Quanto Deus indulgeat' Id. cap. x. col. 1205:' Incrementum a Te indultum.' Id. cap. xi. coL 1209 : • Lymphas sibi divinitus indultas.' Id. cap. xix. col. 1244: • Charismata caelitus indulta.' Id.: ' Miracula quotidianis indulta momentis.' Id. col. 1246 : ' Ut alimentum dig- naretur'indulgere.' And the passage in present question, Hist. Fratu. lib. iii. cap. XV. p. 137' . . . • For example, a bishop was being conveyed dose prisoner somewhitlier, and when the boat in which he was being carried stopped at a certain town, the bishop of the place came to see and console him, and went away 'indul- gens aliquid vestimenti,' giving him some clothes. « DeMiraeuUs St. Juliani, cap. xxxvii. col. 877 : ' Ut modicosopore mdul- Introduction. jf context is unmis- step by which it e phrase iidulgere word is much the ish by the word li a certain amount St which the peti- would be granted. Es' of some benefit I of granting some le simple meaning it is giving some leed on the part of ng in sleep ;* while the reason given by St. ivinced of her sin by the t she had murdered her sembled to pray for her. ; locutus est clementer in- Ue forgives a priest who J found in HUtoria Fran- wit of these is the word »er instances are of over- The following are the : • Quod peteret ut indul- 'hat he asked. Jd. lib. i. at.' Id. lib. ii. cap. xxx. ip. ult. : ' Munus divinitus Multa indulgeri beneiicia.' [unus indultum divinitus.' lulgeat' Id. cap. x. col. coL 1209: 'Lymphas sibi mata caelitus indulta.' Id.: [246 : * Ut alimentum dig- stion, Hist. From. lib. iii. ose prisoner somewhither, stopped at a certain town, im, and went away ' indul- : « Ut modicosopore indul- the noun ' indulgentia* is used once with a sense of per* mission,' once with the meaning of acceptance, and once of the king's favour. If then the word indulgeat alone be regarded, there is every probability of its not meaning ' pardon ' in this pas- sage ; and as there is nothing in the context to warrant this meaning, it is impossible that it should in this instance bear this interpretation. But when the words ' pro die suA sanctd ' are taken into consideration, it makes the impossi- bility of the paraphrase given by Miss Yonge all the more apparent. The simple phrase has to be rendered, ' Saving the respect due to His holy day,' a meaning which can scarcely be tortured out of the words. They simply mean 'for His holy da) 's sake.' The meaning of the passage is sufficiently clear to make it surprising that such a strange interpretation should have been foisted in. The trembling runaways were eager to obtain food and refuge, and they seize upon the priest's dream as an argument in their favour. The priest said the doves flew to him and settled on his hand, settled down as it were to roost. A heathen might have exclaimed, ' Accipio omen' or something of that sort, but the Christians say, ' God grant it for His holy day's sake.' The priest no doubt ran a great risk in hiding runaway slaves, but they plead the sacredness of the day in their favour, and the moment the priest says, * My dream is true,' they cry out, ' God grant it ! ' if it be not ' Please, sir, be good to us.' It is true that Miss Yonge is not wholly answerable for the mistake, as she does little more than translate Thierry » (to whom she herself refers), who works up into his narrative geatur.' De Mir. St. Martini, lib. i. cap. ii. col. 1003: 'Corpori quietem indulserat.' ■ Dt Glo. Mar. lib. i. cap. Ixx. col. 800 : ' Accepts indalgentii ' — leave being received. De Mir. St. Martini, lib. iii. cap. Ix. col. 1 1 12. Historia Francorum, lib. v. cap. xviii. p. 250. ' iMtres sur VHistoire de France, par Augustin Thierry. Ed. 7, Paris 1842, Lettre viii. p. 138. f?r4i,V.''*»~*i*'-"«Ms>AV>i |!-, ,i ii-1 ,. Introduction. a note of the Benedictine editors. But these latter have edited this particular work in a controversial rather than a critical spirit, as is observable elsewhere in the work For instance, in the story as told by St. Gregory of the Jewish boy being communicated, and afterwards saved in his father s furnace by the special intervention of the Blessed V.rgm herself the editors draw attention to the fact that the boy speaks only of receiving bread,' from which they argue m favour of reception under one species only ; but when there is special mention of a woman receiving the Chalice as if it were the ordinary custom, the editors make no remark.' . , There is not to be found elsewhere in the writings of bt. Gregory any proof that 'it was contrary to the Church's rule for the fast to be broken before Mass,' in the manner assumed. True we read of a terrible fate befalling a priest who ventured to consecrate when drunken, or ' sodden with wine.'» We also read of a deacon who was blinded * be- « Greg. Turon. Optra, Parisiis, 1699, col. 73* i De GloriA Martyrum lib. i. cap. r U^vas the reserved sacrament (called the Body and Blood of he Sd) which was given to the boy. and there is abundant evidence that he 2 tLn was the^same as it U in the Liturgy of the Pr«sanct.fied wjth the G^elJ now. The species of bread was imbued with the consecrated wme, SSchwithen allowed to dry. The moUtening with unconsecrated wmc, wh ch ilLstantly spoken of, was not merely to assist deglutmon but was to Tev^fe the moistureof the liquid species. Cf.^««*.^«^.f^. Lb. -cap. xhv , Co Carthag. IV. can. bcxvi. [a.d. 398] ; Co. Mat.sconll. «in. v.. [a.d. sSSl- Fo; the GrSk custom see Leo Allatius. De Missd Pr.sa,utificatorum, a treat.« printed at the end of his work DeEccUsia: Consensu, Colom* AgnppmK, 1648, col 1537 ; Neale, History of Ihf Eastern Church, Introduction p. 718, London. ,850 For the Latin Tse. compare the gloss on Gratian III. De Consec. Dist iii ap. xciii. : 'Eucharistiam licet intinctam dare cau^ necessitatis. This of the reserved Sacrament. It was forbidden to give it intinct in Church; cf. Co. Bracarense III. can. i. [a.d. 675] ; Co. Claramont. can. xxvu. [A.D. 1094]. It may be that this custom of reserving a host dipped in the Chalice was the origin of the reception of a presanctified particle in ~>"""°"/'"\*"'^;?'"^y, the priest on Good Friday in the Western Church. M.crologus h« a chapter (xix.) De Vitandd Intinctione, ap. Hittorpium, Romae, 1591, P- 3»» »• » De Glorid Confessorum, cap. Ixv. col. 947. • De GloriA Martyrum, lib. i. cap. Ixxxvii. col. 819. • DeMiraculis St. Martini, lib. iii. cap. xxxviii. col. iioo. Introduction. 15 these latter have :rsial rather than a in the work. For gory of the Jewish saved in his father's the Blessed Virgin c fact that the boy rhich they argue in 5 only ; but when icciving the Chalice : editors make no 1 the writings of St. iry to the Church's [ass/ in the manner ite befalling a priest :en, or ' sodden with lO was blinded * be- )e Glorid Martyrum, lib. i. ic Body and Blood of the ibundant evidence that the the Proesanctified with the fith the consecrated wine, J with unconsecrated wine, Lssist deglutition, but was to Hist. Ecc. lib. vi.cap. xliv.j icon II. can. vi. [a.d. S^Sl- Vasatutificatorum, a treatise I, Coloniae Agrippinse, 1648, itroduction, p. 718, London, I Giatian III. De Consec. un dare cauia necessitatis.' ) give it intinct in Church; cf. ont, can. xxviii. [A.D. 1094]. ipped in the Chalice was the I common wine and water by Micrologus has a chapter inwE, 1591, p. 388 B. 1. 819. iii. col. 1 100. cause he neglected matins, to entertain with a social cup u friend whom he met as he wa.s going to church. Again, an abbot is introduced ' excusing himself if m drinking In a king's tent by pleading that he had not yet sung his appointed psalms.' But matins were the private pntyers of the clergy, and it would be rather as if a man said, ' I will not take any breakfast till I have said my prayers.' The question even here is not before Mass, but before matins. It must be remembered that matins were said some six hours before Mass,' and that the clergy used to go to bed again after matins. In one instance a layman,* a labourer, w'* had given lodging to a priest, got up to go to work in the very early morning, and called to his wife for his 'jentaculum,' or early morning food. The priest was awake saying his matins, and the good labourer would not begin to eat before the priest had given him his bless- ing. This was of advantage to him later on in the day ; for he heard evil spirits lamenting that they could not attack him because he was protected by the priest's blessing. This shows the very natural feeling that some religious act was most advantageous before bodily necessities were at- tended to, but it does not show that there was a general rule that none should eat before Mass at nine o'clock. But if we must be careful how we impose our own sense upon a passage, so also must we take heed how we allow ourselves to ai^ue il posteriori in respect of time. When Dr. Pusey is giving a passage from St. Chrysostom ' which speaks of a celebration in the evening, he appends a ' Vitu Piitrum, cap. v. col. 1 166. ' By a canon of the Council ofMentz, can. Ivii. [a.d. 813], no clerk might be absent from matins, except when sick, under pain of excommunication for seven days for each ofStnce.—Summa Conciliorum, Carranza, Parisiis, 1668, P- 563 ; cf. Co. Bracai. II. can. Ixiii. Bruns, ii. p. 55. * The clergy were not to take the prandium before 9 a.m., i.e. the hour of Mass. It does not follow they might not take the jentaculum at 4 A.M. Cf. Co. Bracarense II. can. Ixv. Bnins, part ii. p. 55. * De Glorid Confessorum, cap. xxxi. col. 919. * T/ie Doctrine of the Real Presence, p. 556, note 4. 1 ' Mt«»iCH»«Pl>« i6 Introdttctioii. note of time which seems now most natural, ' Easter Eve.' He does not support this by any argument, and there is nothing in the sermon to make it certain. The Greeks thought the sermon was preached on the festival of the Holy Cross in September ; but the Benedictine editors, with ituer criticism, show from internal evidence that it was preached on Good Friday.' Another curious instance of attaching to the words of antiquity a sense which they will not bear is to be found in t'we manner in which the sixth canon of the second council of Macon has been interpreted. The latter part of the canon runs as follows : ' — Quaecunque reliquiae sacrificiorum post peractain missam in sacrario supersederint, quarta vel sexta feria innocentes ab illo cujus interest ad Ecclesiam adducantur, et indicto eis jejunio easdem reliquias conspersas vino percipiant. ^- The exact rendering of which is : — ' Whatever residue of the sacrifices remain over in the sacrarium after celebration of Mass, let children be brought to the church, on Wednesday or Friday, by him whose business it is, and a fast having been enjoined them, let them receive the same residue with wine poured over. There is not much difficulty here if none be introduced from without. The ' indicto jejunio ' would refer to the fast after Communion, as the position of the words would imply. But Dr. Falkner' represents the meaning thus: — ' The coimcil of Mascon {Cone. Matis. II. c. vi.) directed them [i.e. the residue] to be given in church to such Christians as kept their fasts there on the fourth and sixth days of the week. > ' Non enim in festo Sanctae Cnicis quae in Scptembrem incidit, quseque nondum illo sevo oelebrabatur, hanc habuit homiliam Chrysostomus, sed in die Parasceves, eadem nempe qua crucifixus est Dominus. ut ipse in plurimis locisdeclarat.' — Admonitio in Homiliam de Ccemeterio etde Cruce, St. Ckry- sostomi Opera, Parisiis, torn. ii. p. 396. * Co. Matiscon II. can. vi. Bruns, torn. ii. p. 251. * Libertas EcclesiastUa ; or a discourse vindicating the lawfulness of those things which are chiefly excepted against in the Church of England, by William Falk> ^, D.D., fourth edition, London, 1683, p. 226. Introdttctioiu ^1 most natural, 'Easter by any argument, and make it certam. The ached on the festival of the Benedictine editors, nal evidence that it was :aching to the words of )t bear is to be found in n of the second council The latter part of the post peractam missam in sria innocentes ab illo cujus indicto eis jejunio easdem :inain over in the sacrarium be brought to the church, e business it is, and a fast receive the same residue re if none be introduced nio' would refer to the ition of the words would nts the meaning thus : — tis. II. c. vi.) directed them . to such Christians as kept li days of the week. in Septembrem incidit, quseque homiliam Chrysostomus, sed in est Dominus. ut ipse in plurintis :aemeterio et de Cruce, St. Ckry- i. p. 251. idicating the lawfulness of those in the Church of England, by Ion, 1683, p. 226. Bingham ' too was not free from the same bias, for he renders the words in this manner : — If any remains of the Sacrifice after the service was ended were laid up in the vestry, he who had the care of them should, on Wednesday or Friday, bring the innocents to Church, fasting, and then, sprinkling the remains with wine, make them all partake of them. These interpretations are scarcely tenable. The syntax requires that indicto jejunio be subsequent to the bringing to Church. The phrase is not unknown in contemporary writers to express the proclaiming or imposing an unusual fast for a particular occasion.* The sprinkling with wine was to moisten the species of wine which had been dried on the other species for the purpose of reservation : ' there is no ground here for the argument of Bossuet and other Roman Catholics, that there is here an allusion to Com- munion under one species. Again, it is always well to compare the context of passages \'hich are quoted, in order to be certified of their sense. That giant of authority and accuracy of thought, St. Thomas Aquinas, himself has not escaped error from neglecting this rule. No other explanation can be given of the following mistake. He is alleging the famous African canon which excepts Maundy Thursday from its rule of Fasting Communion, and he recites the objection : * 'Therefore on that day at least a man can take th^ Body of Christ after other food.' To this objection he thinks it a sufficient answer to quote St. Augustine's letter, ' Antiquities, bk. xv. chap. vii. § 4. ' Thus St. Gregory if Tours, who was present at the second Council of MScon, uses the phrase telling how an imminent danger was averted : ' Pro- t nusconcurrentes populiad basilicam Sancti indictis jejuniis vigilias celebrant, mox salvantur. '—ZiVfer de Glorid Confessorum, cap. xlv. Parisiis, 1699, col. 932 A. See also Hist. Francorum, lib. ii. cap. xxxiv. col. 90, &c. * See above, note on p. 14. * St. Thomas, Summa, pars iii. quawtio bcxx. art. viiL § 3, Venetiis, 1757, torn. V. p. 546, col, I. ■ C i8 Introduction. i I written three years after the third Council of Carthage, which re-enacted this canon, at which he was probably present, and at which he had considerable influence. But nffw this has been abrogated ; for, as Augustine says, this custom is held throughout the whole world, i. e. that the Body of Christ should be taken by the fasting. Yet as a matter of fact St. Augustine takes the Com- memorative Supper on Maundy Thursday for granted, and does not argue for or against it. Not only does he not say that it is abrogated, but he says not one word against it, but rather the contrary. The point under discussion is whether a man might or might not take t\ic prandmm or morning meal, and so break the Lenten fast on Maundy Thursday.' The following is the sense of the passage, which is obscure, if not corrupt :— Some persons fancy that on the anniversary of the day when the Lord held the I^st Supper it should be lawful to offer and receive the Body and Blood of the Lord after food, as if for a more striking commemoration. Now I think that this celebration had better be at such an hour, that a man may keep the Lenten fast by not taking luncheon, and still communicate after food by coming to the oblation after the three o'clock meal. There is therefore no compulsion in the African canon to take luncheon before that Maundy, though it is not forbidden. It is impossible to think that St. Thomas can have read this, which is the immediate context of the passage which he quotes, for it is directly contrary to the meaning for which he quotes it. It would almost seem (though it is hard to believe) that St. Thomas only knew the passage in the extract given by Gratian. A somewhat similar error has been made by Gavanti « in his commentary on the rubrics of the Missal. He says • See the whole passage discussed at length below, part iii. chapter xii. « Comment, in Rubricas Missalis, pars iii. tit. ix. : Thaaurus Sacrorum RUtmm, Venetiis, 1769, torn. i. P- 210. -.f-,^«^^-.'>'-^'':''V-- ■ 'v^r Introductiott, If if Carth^e, which )ably present, and \ugustine says, this s. that the Body of t takes the Com- ^ for granted, and ly does he not say ; word against it, ider discussion is ; the prandiutn or 1 fast on Maundy ;e of the passage, ary of the day when : lawful to offer and "ter food, as if for a that this celebration lay keep the Lenten micate after food by ock meal. There is on to take luncheon en. Thomas can have context of the :tly contrary to the ivould almost seem Thomas only knew itian. made by Gavanti ' e Missal. He says w, part iii. chapter xii. ix. : Thesaurus Sacrorum that this rule of fasting 'emanates from the Apostles. Clement (Ep. ii.) says that he received it from St. Peter.' Now first of all, in the Second Epistle of Clement, the fast spoken of is the fast after Communion, and not the so-called natural fast from midnight. This, as St. Thomas himself says, ' has been abrogated by the contrary custom, because it could not be easily observed.' Next, the epistle itself is a very poor forgery, interpolated by the pseudo-Isidore, and therefore is not a powerful argument that a custom therein spoken of emanates from the Apostles. Gavanti could scarcely have verified his reference in this case. Nor indeed could Giustiniani ' have verified his refer- ences when he cited St. Basil's letter 'ad Casaream Patriciam ' as upholding Fasting Communion. For there is not one word about this in the letter from beginning to end, as anyone may see if he will read the letter which is given at length below, in the chapter on St. Basil. It is difficult, however, to explain such a mistake as I the following, which occurs in a note by the editor of St. Chrysostom's Sermons on the Statues in the Oxford Library of the Fathers.' The peculiarity of the passage is that the editor goes out of his way to correct John [ Johnson, and writes himself down ungrammatical. The Holy Communion was always received fasting. On this point it may be worth while to correct a mistake of Johnson in his 'Clergyman's Vade-Mecum,' part ii. p. 214, ed. 1709. He gives thus the sixteenth canonical answer of Timothy, bishop of Alex- andria A.D. 380, Bev. Pand. ii. 169, &c. ' If a man [when fasting m order to communicate, Gr.] in washing or bathing swallow a [drop of water, may he communicate? ^. Yes.' The answer really, 'Since the devil hath found occasion to prevent his ' In I Cor. xi. 20 : Benedict! Justiniani Genuensis S. J. In omnes B Pauli Epistolas Explanat. torn. i. p. 561 ; Lugduni, 1612. "The Homilies of St. John Chrysostom on the Statues translated, Oxford, 1842, p. 159, note g. The translation is by Mr. Budge; but the note in I question is by the editor of the volume, the Rev. Charles Marriott, Fellow of I Oriel College, Oxford. The note is referred to in the index to the volume, I which shows that it is regarded as important. c 2 - --.ibaii*J!l—M*i"*" ■ 111'' ?!' ;l t 20 Introduction. communicating, let him do it oftener.' This plainly implies he is not to do it then. The original and the Latin translation as gi/en by Beveridge' in the passage referred to in the note is as follows, from which it will be seen that Mr. Marriott's translation is impossible. i^^\ ,lf>tr h ^arara, ar>P(^>h Q"ia ^tiam invenit Satanas r„v Ku,\{,iiy ai,rf,y rm «,.vo.W«c occasionem prohibendi eum a ,rvx.orcp«.r«Dro^o.,>c.. communionc, frcquentius hoc faa'et. In the first edition of his very useful ' Vade-Mecum ' jShnson only professed to give the sen.e of the canons in a summary form : in the later editions, however, he gave them mostly at length, and his version of this answer is sufficiently accurate.' * If Satan find an occasion of hindring us from the communion, Ae will the oftner dott\' which distinctly implies that the man is to communicate, . the water notwithstanding. It seems a pity that Mr. Marriott attempted to improve upon Johnson with a render- ing so strangely divergent from grammatical accuracy. But when such great names are found to have slipped, I cannot hope to have escaped, especially in a subject which so often breaks up new ground. I had hoped to have had the advantage of severe adverse criticism ; but though this was promised more than a year ago, it has never come to my assistance. . This is the text referred to; but in the modem carefaUy edited Synta^ia. of CaZs, published at Athens, the answer begins rather differently: N^ Ard ST« L.va, K. T. X._that is, • Yes ; since if Satan have found an oc- casion • &c.-SivTa7M« ««»'<»"»•'. Athens, l8S4. vol. iv. p. 34>- ^The Clergyman's Vade-Mecum, by John Johnson. M.A., V.car of Cran- brook, London, 1723, S"^ ed. part ii. p. 254. 21 plainly implies he is tion as gi/en by e note is as follows, iott's translation is tiam invenit Satanas 1 prohibendi eum a le, frequentius hoc ;ful ' Vade-Mecum ' :nse of the canons s, however, he gave 1 of this answer is id an occasion of /// the of titer do it ; ' is to communicate, 3 a pity that Mr. mson with a render- atical accuracy, ind to have slipped, scially in a subject 1. I had hoped to [verse criticism ; but a year ago, it has I carefully edited Syntagma ns rather differently: Nol- if Satan have found an oc- . iv. p. 34«- son, M.A., Vicar of Cran- PART I. HOW CANON LAW BINDS CHAPTER I DIFFERENCE BETWEEN CANONS. nPHE authority of the Church to make laws, and to en- -^ force them upon those within her pale, depends upon the commission of our Lord to the first rulers of the Church. There must exist within every society some power to make rules for its well-being and guidance. In the Church this power was first conveyed to St. Peter, and then to all the Apostles by the Lord Himself:' the same power was after- wards declared by the Church (under the guidance of the Holy Spirit) to have descended to the successors of the Apostles, the Bishops. ' I will give thee the keys of the kingdom of heaven, and whatsoever thou shalt bind on earth shall be bound in heaven, and whatsoever thou shalt loose on earth shall be loosed in heaven,' is the commission to St, Peter : then to all the Apostles, ' Whatsoever ye shall bind on earth shall be bound in heaven, and whatsoever ye shall loose on earth shall be loosed in heaven.' This power, thus delegated, would include that which was afterwards ' St. Matt. xvi. 19 ; xviii. 18. Some think that the power was conveyed by the saying, ' Ye shall sit on twelve thrones, judging the twelve tribes of Israel ' (St. Matt. xix. 28) ; but this is more appropriately referred to the last judgment, as the Lord says, ' In the regeneration, when the Son of man shall sit in the throne of His Glory.' How Canon Law Binds. [PT. I. : , I ! : ! I I i' I 22 specially conveyed-viz. the power of remitting and retain- ing sins : but now there was the further power of legislation and government. , That this power was thus understood at the time to be conveyed would appear from the words used by our Lord to St. Peter ; for here, as elsewhere, the Lord accepts a custom or formula in common use, and incorporates it into His own institution. He commonly adapted to His own use what He found ready to hand in the existing Jewish commonwealth, which had been no doubt divinely guided to adopt that which afterwards would prove useful in the Gospel Kingdom. In His temptation He twice vanquishes Satan with a text from the Shema, which as a devout Jew He said twice daily. He appoints chief disciples under Him to be His constant attendants : they are twelve in number, according to the number of the twelve tribes. He calls them Apostles ; a name well known amongst the tribes, as borne by those messengers who were sent to collect the taxes and voluntary offerings of the dispersion to the temple worship. Later on, He appoints others under the twelve : these are seventy in number, according to the number of the council that assisted Moses. He gives a prayer : there is but one clause new. He appoints Sacra- ments : Baptism was then at all events well known, just after St. John the Baptist ; the Holy Eucharist is allowed on all hands to be the adaptation of some ceremony in common use. One while, He takes a parable from the Rabbis, and sublimates it to His own use ; another while, He takes some well-known formula or proverb, and vivifies and quickens it to bear a deep spiritual meaning. If He gives a form of benediction to His ministers, it is the com- mon form of blessing amongst His countrymen, ' Peace be with you ;• but it is made instinct with quickening grace. If He preaches a sermon, He takes as His text some custom or precept of His own time. If He answers a question as to what was the first and greatest commandment, He cttrs mh Lmmmmx-- ™« Joclared to them, that they had received .t, and that , wa necessary to their salvation : ■ Moreover, brethren, I lechre unto you the Gospel which I preached unto you, wW a so ye have received, and wherein ye stand : by Ihich also ye are saved, if ye keep .n memory wha 1 ; 1;. unto you, unless ye have bcUeved m a,n He then goes on to quote the canon of faith, which seem "riv formed part of the Apostolic Cr«d as framed and :i;;:e::a by th'e Apo.st.es : .For I delivered unto yc. firs of all that which 1 also received how 'hat Chr^ d.ed Jor .i„s -.ccordinK to the Scriptures, and that He was Tri^ nd th:f He rose again the third day according to the S riptures.' Tl.on, and not till then, the apostle p.<^ ce^ds to argument, not as if there were two possible views Xher of which might be accepted without sin, but msisting on the fact that there is but one way-the acceptance e^ 2 faith though, out of condescension to their weakness t:l^Lor the doctrine, putting aside the obiections o !;;l^ents. Then he ends with a glorious statement of the faith crowning all with a stirring peroration. How different is his manner with a question of dis- revelation, then, may ^/""^ *''"~„^„„ , mMtrs, or the constant flow of reve- „,ae to Dav.^ '^^-;,„^;-;, ^ e-laC -ade to St. Cyprian about the lations in th. • • ly Church oy ^^ .^^ ^^^^^^ j,, choose out duration of v -uUon ^^^^^^ ^V- ^ ^^„„„^ ^, ,,,^^,^ that which w> of "-P^'J^f;; ^,, Holy Spirit's guidance, yet are not though prompted '^'^^^'^^J^^.comcn passed the canon against eatmg binding at all t.mes The Apost^iic^^^^^^ Sancto'jbut St. Augustine says things strangled w.th a ' P^ ,n i> day o" '""^ ^"^J^'^'' ^^ ^'^ ''"«''"' "' ThiStuS^ --r o^flS. prU passed are binding from the time of their acceptance. . I I Cor. XV. . J [PT. I. Some had been d the apostle has clearly and un- for all delivered been sufficiently A it, and that it :over, brethren, I •cached unto you, ein ye stand : by 1 memory what I )eHevcd in vain.' faith, which seem- ed as framed and ered unto you first at Christ died for and that He was day, according to :n, the apostle pro- two possible views, ut sin, but insisting -the acceptance of 1 to their weakness, e the objections of ms statement of the ation,' a question of dis- ere He is the Guide. A object, like the revelations the constant flow of reve- 6 to St. Cyprian about the ed its subject to choose out larly, canons of discipline, t's guidance, yet are not d the canon against eating ; but St. Augustine says : subject, he was laughed at )assed are binding from the CII. II.] Canons, How Biiuiiug. 29 cipline! Let u.s choose out one which presents the most striking features. Tiic Corinthians had asked about the lawfulness of eating mcat.s which had been offered in sacrifice unto idols. Now this was one of the matters . which had occupied the attention of the Apostles, who had been gathered at Jerusalem to decide on the whole ques- tion of the admission of the Gentiles to the Church of Christ. St. Paul himself had been present at this council ; he had been himself sent back to Antioch with the authentic and autograph letter of the council ; he, there- fore, knew its canons and decrees perfectly well ; indeed, in his progress 'throughout Syria and Cilicia,' «as they wont through the cities they delivered them the decrees for to keep, that were ordained of the Apostles and Elders which were at Jerusalem.' We should therefore expect that the apostle's answer would be short and decisive, and somewhat of this kind :— ' This is a question which has been decided in a general council of the Apostles and Elders at Jerusalem, and you must therefore abstain from eating such meats under pain of mortal sin.' At all events, this would be the decision of some amongst us now. But what is his real reply ? He deals with the question as perfectly open, and to be decided chiefly, if not entirely, by the law of charity, which avoids giving offence to the weaker brethren. There is no allusion whatever, however distant, to the canons of discipline issued by his own means from' Jerusalem. At the outset, he lays down the duty of humility and charity: 'We know that we all have knowledge: knowledge puffeth up, but charity edifieth.' The apostle then goes on to argue that an idol is a nonentity, and therefore there cannot be any inherent evil in eating that which has been offered to an idol ; and in conclusion he gives his decision in three rules, which embody the laws of charity and common sense. His three nales are these :— I. Buy what is sold publicly in market, and don't ask any questions as to where it came from ; for it is suflxiently iCHN ;:l i li;t i,i''.i '^;',:-! iii;"ji 'i:!:;r 111'!;'; ■ ■i«,'i liiiiiilii 'm I !; ;■&•'■■ iiii ! lii iii;|ii!!ii I i:i;';;ii!i^., 30 /fozv Canon Law Binds. [I'T. I. consecrated to your own use by being part of the fulness of the earth, which is the creation and property of your Lord. 2. If you are invited to dine with a heathen, go if you like ; and when there, eat all that is set before you without hesitation, asking no questions. 3. If, however, soipe one says that you are eating an idol-sacrifice, you had better refrain for his sake, not for your own conscience' sake, which would not be touched. Here, then, is a private matter which affected only the individual conscience ; the apostle lays down that it is in- different whether or no a Christian maii eats of meat consecrated to an idol, though this practice had been condemned in a council of Apostles. When, however, the act became a scandal to others, the apostle earnestly deprecated it. Just as, in another matter of discipline affecting public scandal, he speaks with peremptory utter- ance : — ' If any man seem to be contentious, we have no such custom, neither the Churches of God.* Having thus seen how St. Paul deals with canons of discipline, let us go on to consider what vigour they have since been held to obtain, and how they bind the conscience. Here, again, we must first remember that canons of discipline have been distinguished into those that enforce divine law, and those which only declare human law. Each of these classes has been again subdivided, and we have, i. divine law natural, and 2. divine law positive. I. Divine law natural is invariable and immutable. It is the light of reason (properly illuminated) about those things which we owe to God and man. The Ten Com- mandments are an abridgment of this divine law, and all the moral precepts of the Old Testament are only ex- planations of the same. The summary of natural law is declared by our Lord to be the essence of the precepts of the Old Testament : ' Whatsoever ye would that men inds. [PT. I. en. II.] Canons, How Binding. 31 ; part of the fulness of »roperty of your Lord. :athen, go if you like ; t before you without If, however, soipe one :rifice, you had better own conscience' sake, rhich affected only the ays down that it is in- in mail eats of meat lis practice had been I. When, however, the the apostle earnestly r matter of discipline with peremptory utter- Dntentious, we have no )f God.' il deals with canons of ider what vigour they nd how they bind the nember that canons of into those that enforce eclare human law, n again subdivided, and i 2. divine law positive, ble and immutable. It luminated) about those 1 man. The Ten Com- ■ this divine law, and all restament are only ex- nmary of natural law is ssence of the precepts of er ye would that men should do unto you, even so do unto them : for this is the law and the prophets.' 2. Divine law positive can change and has changed. We find it in the Old and New Testament, and in the traditions of the Church from Apostolic times which explain the New Testament. Human law is subdivided into, i. written, and 2. un- written, i. Written human law of the Church is contained in those commonly called canons or constitutions ; and 2. unwritten human law is called custom. Now some canons of discipline contain natural law, and these, so far as they contain this, are always binding ; ' but where they contain positive human law, these are not bind- ing anywhere until they have been promulged and accepted.* This is true of canons of discipline of general councils as well as of particular councils. It is but follow- ing the Apostolic rule. St. Paul had received a letter of canons from Jerusalem to the Churches of Syria and Cilicia, in answer to their appeal for a decision on a matter of deep importance ; as he went throughout these provinces he 'gave them the decrees for to keep, that were ordained of the Apostles and Elders which were at Jerusalem.' But these canons had not been promulged in Corinth: therefore the apostle does not seem to have regarded them as bind- ing there, nor does he refer to them at all. The same method has ever been observed. Thus, after the first General Council of Nioea, letters were written to ' Van Espcn (De Veterum Canonum StabUitate, § 2, Opera, vol, iii, p 2 • Lovan.i, 1753), who points out that many canons affecting the clergy are of natural law : • Hi proinde similesque canones, si non stent jure positive semper tamen stabunt jure naturali : saltern quoad ea qua juris naturalis in illiscontinentur.' .J.y? ^*^"' ^*^'>^'*^g'^*^^g»»'£eclesiajtiearum, pars i. cap i • Nulla lex vim obligandi habet ante factam illius promulgationem.' Gratian" befoie had the well-known apophthegm, 'Leges instituuntur cum promul- gantur, firmantur cum moribus utentium approbantur. '— Z)^<:r«itew, pars i. dist IV. cap, iii. § Leges. Compare De Marca, De ConcordanUa Sac. et Imp II svi. §§ s, 6; Bambergae, 1788, torn, i, p, 310, ' 'immimm h^ h>. H i t* How Canon Law Binds. [PT. I. the bishops who were not at the council, with a copy of the canons. Similarly, also, after the Council of Ephesus a circular letter was written to all the bishops who were not present, that they might make the canons known.' The minister of publication, then, is the bishop, the successor of the Apostles, in his diocese. As Pope Leo IV. wrote to the bishops of Britain : ' Since in the holy councils rules have been promulged and received by bishops, who besides bishops have power to be publishers cf the decrees of the canons ? ' . . . j u Some persons have thought that a Church is bound by the decrees of a council, if representatives of the Church were there. But this has never been alloweo by good canonists, and. indeed, it has never obtained. The British Church was represented by three bishops at the Counci of Aries, in 314 A.D. ; yet the canons of that council about Easter never seem to have obtained in Britain, in consequence of such representation ; nor did the Church in our land keep Easter as the rest of the Western Church did until St. Augustine of Canterbury promul-ed this canon of discipline for the Christians of his obedience in the seventh century. It is, therefore, of no more than historical interest to us to learn that representatives of the English Church were present at the Synod of Dort, and that one of our bishops preached the opening sermon. First, then, for the binding of canons of discipline on the conscience, they must be promulged and accepted in the various provinces and dioceses. It is. then, clearly open to particular Churches to refuse to' accept certain canons of discipline' even though • • Ut Prselati. quibus publicandi onus incutnbit, huic muneri non defu- ' turi essent.'-Gibert, i. 24. ' Cum in sacris conciliis ab episcopis promulgatae sunt regul* et receptee, quis extra episcopos promulgator canonicarum qu.vent esse sententiarum?'-PopeLeoIV. Ad Episcopos Brttauma, cit. Gibert. ..25. » There are many canons of the fourth Council of Constantmople which were never received in France {Gibert, i. 104). The canons of d.sc.plme of Trent were not received in their entirety in France, nor m Belgium, norm Spain. y 'uds. [PT. I. CH. II.] Canons, How Binding. 33 cil, with a copy of the Zouncil of Ephesus a bishops who were not inons known.' ;n, is the bishop, the se. As Pope Leo IV. ice in the holy councils iived by bishops, who blishers cf the decrees a Church is bound by itatives of the Church een allowed by good obtained. The British Ijishops at the Council inons of that council e obtained in Britain, »n ; nor did the Church of the Western Church erbury promul2:ed this tians of his obedience efore, of no more than t representatives of the [le Synod of Dort, and e opening sermon, canons of discipline on lulged and accepted in particular Churches to discipline' even though cuinbit, huic muneri non defu- ' onciliis ab episcopis promulgatae romulgator canonicarum quiverit ios Britannia, cit. Gibert. i. 25. ouncil of Coustantinople which ,). The canons of discipline of France, nor in Belgium, nor in passed by a general council. Thus the Church of England refused to accept the foreign canons about marriage. When the papal legate endeavoured to impose them, there was the now proverbial cry, « Nolumus leges Angliae mutari ; ' so it has been doubted whether certain canons were ever received in England. To give an example :— The disciplinary canons of Trent were not considered as binding in England by the Roman Catholics resident in our midst. And why? Because they were never pro- mulged and accepted, therefore they had no binding force.' Hence follows one of the most striking proofs that the Roman Catholics do not represent the old Church of England— for they distinctly lack identity of law. When the missioners trained in foreign seminaries came over to England, at the end of Elizabeth's reign and the beginning of the reign of James I., they probably knew nothing of, and cared less for, the law of the Church of England. So, in one noteworthy particular at least, they introduced the law they knew best. The canons of Trent had never been imposed in England, so these they brought not (ex- cept where they suited their convenience seemingly), but they introduced the old foreign canon law existing on the continent before the Council of Trent No doubt they thought this was the old English law, or ought to have been, if it was not. To take this lijteworthy par- ticular. The law of the Church of England as to a valid marriage has never been altered. This was declared plainly and distinctly in the judgment of the highest Court of Appeal in 1843.' The Church of England has always required ' Cf. Memnrs of Pantani, pp. laj and 372. Ultramontanes will of course I say that the binding force depends upon the imposition of the Pope. This waa I not the ancient opinion. * Chief Justice Tindal, in giving the opinion ot the Judges (before the House cf Lords, July 7, 1843), said : • There never existed a rule that a contract per I verba dt prastnti ^constituted a marriage in foct. . . . One of the earliest D 34 How Canon Law Binds. [PT. it to be necessary to a valid marriage that it should be, (i) per verba de prasenti, ' by mutual contract ; ' (2) in facie ecclesia, ' in the face of this congregation ; ' (s)per presbyte- rutn sacris ordinibus cottstitutum, ' in the presence of a priest in holy orders.' This old law of the Church of England is still asserted in the rubrics of our marriage service. But this is not the law of the ' Roman obedience ' in England ; they hold pretty much the same law as that of Scotland, which does not require the presence of a priest. Hence the great efforts made in mixed marriages to prevent the marriage ceremony from being performed first in an English Church.' This would be a valid Sacrament in their eyes, that it should be per verba de prasenti being all that is required ; another service would be a sacrilegious iteration of the Sacrament. This law, that consent made Holy Matrimony, was never accepted in the English Church ; hence the Roman Catholics in England have no legal identity with the ancient Ecclesia Anglicana. Canon law, then, to be binding on the conscience, must have been promulged and accepted. The imposi- tion depends upon the local council even in canons of discipline passed at a general council, because its real vigour depends upon its having been accepted. What, then, are the disciplinary canons of Carthage or of Con- stance to us? Absolutely nothing more than historical constitutions in English ecclesiastical law expressly and pointedly required the presence of a priest in orders to complete the contract of marriage. In sub- sequent constitutions there was nothing tc reverse or shake off the effect of this.'— y«m/, vol. vii. part i. Compare this with the definition of the Council of Florence : ' Causa efficieus matrimonii regulariter est mutuus consensus per verba de praesenti expressus.' — Carranza, Summa Conaliorum, Parisiis, 1668, p. 657. ' ' Factum valet, fieri non debuit,' would be said by them ; but another marriage of the same parties would be an iteration of the Sacrament, and therefore sacrilege. This statement is made on the authority, oral and written, of a priest of the Roman obedience in England. There seems to be no manual of canon law as it is regarded to bind the Roman Catholics in 'England. ' -x m- that it should be, itract;' (2) in facie ;' {i) per presbyte- presence of a priest urch of England is iage service. But ience ' in England ; s that of Scotland, ■ a priest. Hence jes to prevent the i first in an English nent in their eyes, i being all that is crilegious iteration »nsent made Holy ; English Church ; md have no legal cana. on the conscience, )ted. The imposi- even in canons of 11, because its real accepted. What, irthage or of Con- [ore than historical Canom, How Binding, ^j documents of very great interest, unless it can be shown that they have been promulged and enforced in England : and then they do not bind by their having been passed at this or that foreign council, but by their acceptance amongst ourselves. ltd pointedly required the act of marriage. In sub- : or shake off the effect of le definition of the Council :er est mutuus consensus ma Conaliorum, Parisiis, id by them ; but another n of the Sacrament, and the authority, oral and land. There seems to be the Roman Catholics in 36 How Canon Law Binds. [PT. I. CHAPTER III. DISUSER ABROGATES CANON LAW. CANONS of discipline then must be published, that they may have binding force ; but still more, for this binding force to continue, they must be continually en- forced, or ' put in ure ' ; they must be enjoined constantly, so that it may be known that they are binding. This is the reason why councils so constantly repeat the same canons over and over again. It must astonish those who are commencing to read the canons, to find how con- stantly councils seem to repeat what has been said before, to the same effect, if not in the same words. The canon had been either badly kept, ' male observatus,' or abrogated by disuser, ' abrogatus per non usum ; ' therefore it required to be re-enacted. If, therefore, we want to know what is binding, we . must find out what is being enforced. ' Pour connoltre les Lois et les coutumes qui sont en vigueur, il faut voir celles qui sont le plus constamment suivies dans les jugements,' is the rule given by Fleury, the great ecclesiastical his- torian: and again, 'Et gdn^ralement, on n'est point oblig6 d'observer les Lois ^crites, qui demeurent notoire- ment sans execution.'' This, no doubt, is ihf; reason of the answer given by Archbishop Sumner to a priest who was in doubt about the ■ iHstituliott cm Droit Ecclisiastique, partie i. chap. ii. Opuscules, Nismes, 1780, vol. ii. p. 162. Compare Gibert, i. 65: 'Praeterea oportet ut usu recipiantur, et retineantur, i.e. acceptentur et non abrogentur contrari& con- suetudine.' nds. [PT. I. I^ON LAW. St be published, that but still more, for this 3t be continually en- B enjoined constantly, re binding, > constantly repeat the X must astonish those ions, to find how con- has been said before, e words. The canon servatus,' or abrogated ' therefore it required what is binding, we ' Pour connoltre les ueur, il faut voir celles :s dans les jugements,' reat ecclesiastical his- nent, on n'est point ui demeurent notoire- ■ the answer given by was in doubt about the chap. ii. Opuscules, Nismes, ; : ' Prxterea oportet ut usu lOn abrogentur contrari& con- CII. III.] Disuser abrogates Cation Law. »• force of canons, an answer said to have been acquiesced in by the late Bishop Phillpotts of Exeter. The decision was that the rubrics were binding on the conscience, but that canons were only binding when enforced by the bishop. Whether this had respect to the fact that the rubrics had become statute law or not, does not matter ; the same dis- tinction will apply in either case. For when canon law becomes incorporated in rubrics, it becomes continually binding, as being constantly enforced in the book which priests are bound to use continually. Hence the ' rubricae generales' of the missals, and the 'cautelx,' which incor- porate the general canons and rules affecting the celebration and reception of the Sacrament of the Altar, bind those who belong to Churches which use the unreformed office books. These canons, by being thus continually enforced, are binding on the users of the book ; so that that which is therein contained becomes really binding more by being in the rubrics than by being in the canons. In a similar manner, other canons are continually enforced by the proper officer, the bishop, at his visitation. This is the very end and object of the visitation, that the bishop may see that such canons as are in force are observed, and that he may punish the offender against them. Hence articles of visitation, and enquiries to which the clergy and churchwardens have to make answer. If these things fall into desuetude, on the conscience of the bishops be it : they are directly responsible to the Great Head of the Church for their conduct. It was for this that the eariier councils used to number on their canons from the canons passed at preceding coun- cils. Thus, the first canon of the Council of Ancyra would be numbered ' twenty-one ' in the code of canons received and enforced, since there were twenty canons passed at the Council of Nicaea; and by this numbering the council recognised and re-enfon.ed all the twenty canons. Thus the Council of Chalcedon quoted the ninety-fifth canon of % % s« How Canon Law Binds. [FT. I. Antioch which council only issued sixteen new canons; Cut wtn the twenty canons of Nica. the twcntj^fWe of Ancyra, the fourteen of Neoc^sarea, the twenty of Gangra. fnd'the sixteen of Antioch are all added together the number of ninety-five canons is arrived at ; and we find the eanon quoted at Chalcedon> Thus the canons o preceding councils were at each council again accepted, .f they were still regarded as binding. But as time went on, and canons were mult.phed there was a kind of digest of canons made to be read at the opening of a council, that the council might see what Lad^en Lady ordained, and either accept all ^at had been so published, or such parts of them as seemed good The digest written by the great Durandus." and read at the Council of Vienne, was printed in iS4S. m case the Council of Trentmightfindituseful. In this the renowned Juris Speculator points out the advisabiHty or propnety^^^^ re-enacting certain ancient canons as if they had lost force, though they were in Gratian's Decretum: m other cases he suggests some for discussion; e.g. 'Hoc m plensque mundi partibus non servatur, pensandum est an expediret ''Trom a similar cause, too, canons have been constantly codified and reduced to order, that they might the more easily be known and enforced. Thus, in the African code we find the canons of various councils reduced to method, and re-enacted. Nor can there be much doubt that when > the book of canons was drawn at London, 1603-4. tha book was intended to be for the Church of En^and wh^^^^ the 'Codex Ecclesiae African*' was for the Church of North Africa-viz. the book containing all the canons then binding on the English Church ; for there is very little new « See Johnson's VadfMemm, vol. ii. p. 4»- ..■.,« p n Ouiller- mum Durandum Juris Speculatorem nuncupatum,' &c. Pansus apud PoncetuT lePreux, IS4S- _ [FT. 1. n new canons; ! twenty-five of enty of Gangra, ed together, the It ; and we find , the canons of gain accepted, if vere multiplied, ide to be read at 1 might see what cept all that had as seemed good, lus,' and read at [545, in case the this the renowned ity or propriety of ley had lost force, n : in other cases Hoc in plerisquc \ est an expediret /e been constantly y might the more 1 the African code educed to method, h doubt that when ndon, 1603-4. tl»at 1 of England what for the Church of all the canons then re is very little new ndi, per R. P. D. Ouiller- c. Parisiis apud Poncetunr CII. III.] Disuser abrogates Canon Law. 3» in them, they merely incorporate and re-enact old canons. That this was intended seems probable, to say the least, from the fact that the visitation articles of the bishops,' directly after the passing of the code, do not travel much beyond the lines laid down in the canons or rubrics. The following passage from a good English canonist. Bishop Stillingfleet, is so much to the purpose that it is cited at length.' There are some canons, where the general disuse in matters of no great consequence to the good of the Church or the rights of other persons may abate the force of the obligation ; especially when the disuse hath been connived at, and not brought into articles of visitation, as Can. 74, about gowns with standing collars^ and cloaks with slea>es. But the general reason continues in force — viz. that there should be a decent and comely habit for the clergy, whereby these should be known and distinguished by the people ; and for this the ancient custom of the Church is alleged. ... If we do strictly oblige persons to observe all ecclesiastical canons made by lawful authority, we run men into endless scmples and per- plexities ; and Gerson himself grants that many canons of general councils have lost their force by disuse, and that the observation of them now would be useless and impossible. But it will naturally be asked how long must disuse prevail, and how widely, to remove binding force from a canon ? Here Gibert, the French canonist, shall give us answer.' He says : — ' See a vety interesting collection of these at the ei d of the second report of the Ritual Commission in 1868. ' Ecclesiastical Cases, part i. 1698, p. 374. Bishop Sai derson also says, < It is certain that laws rightly constituted may be abrogated -y a contrary custom, so that they cease any Icnger to oblige.' Quoted by Bishop Wordsworth in The Law of the Church on Ritual (Rivingtons, 1868, p. 16) ; who also quotes Ayliffe's Parergon and Coke to the same effect. » Corpus Juris Canonici, Proleg. pars prior, tit xx. g 3, diffl i. vol. L p. 164 ; see also p. 65. Van Espen, pleading for the restoration of discipline, says, ' Scio quidem, consuetudine, prselatorum et superiorum tacito interveniente consensu, posse interduro rigorem disciplinee mitigari, quin et canones ipso« aliquatenus abrogarL' — De Vet. Canonum Slabilitatc, §4, I^vanii, 1753, torn, iii. p. 4 i see also p. 7. He shows how the penitential canons were abrogated by disuse. It used to be unlawful for a priest to enjoin any penance not laid s ■immmmmam How Canon Law Binds. [PT. I. 40 Abrogated canons have lost the force of law, because the superior consented to their disuse, which has prevailed for more than forty years without disturbance or interruption. Here, however, must arise the question as to who is the superior whose consent is required for abr<^ation. It is the bishop in his diocese or the metropolitan in council in his province. Just as the bishop is the diocesan officer for the promulging a law and seeing that it is kept, so he is the superior whose consent or whose silence allows contrary use to abrogate a positive canon. Similariy the metro- politan in council passes canons for the province and accepts or rejects canons from without, and his silence con- firms the abrogation by disuser of a law within his province. Of course, Ultramontanes assert that the Pope is the superior whose consent is required ; but Ultramontanes do not allow the independence of national Churches, and take their stand on the false decretals. To these I do not refer ; all the authorities here relied on are Gallican or Anglican, who acknowledge the independence of particular Churches. Nor can it be said that a general council is the su- perior whose consent is required ; for it has been seen that, in a matter of discipline and not of faith, the canons even of a general council are accepted or not by the local and particular councils ; that is, by the metropolitan and his suffragans. The imposer of a canon, therefore, is the metropolitan in his province, and the bishop in his diocese. Gibert, therefore, goes on to show what is required for contrary custom to abrogate canon law.' down in the Pcenitentiale. He also points out how some canons of the early Church, affecting the character of candidates for orders, are nowhere observed in the West. ' Sunt innumeri canones abrogati aut per non usum aut per usum contrerium, probatum silentio superioris.'— Gibert, i. 109. > Corpus yuris CanoHtci, torn. i. pars posterior, p. 9». The opinion of Giatian on abrogation is worth quoting :— ' Just as by the contrary customs of the users some laws have been now abrogated [to abrogate is wholly to remove the law], so by the customs of the users the laws themselves are confirmed. Wherefore the law of Pope Telesphoras (who decreed that generally the dei^y [PT. I. law, because the >revailed for more tion. as to who is the brc^ation. It is itan in council in 3cesan officer for is kept, so he is e allows contrary larly the metro- he province and d his silence con- law within his the Pope is the fltramontanes do lurches, and take je I do not refer ; can or Anglican, ticular Churches, ouncil is the su- is been seen that, the canons even : by the local and ropolitan and his therefore, is the dop in his diocese, lat is required for me canons of the early s, are nowhere observed r non usum aut per usum 109. >. 9a. The opinion of the contrary customs of gate is wholly to remove smselves are confirmed, that generally the dei^y CIl. III.] Disuser abrogates Canon Law. 41 That a canon should be abrogated by contrary usage there are required but three points :— i. That the usage should be reason- able ; that is, not adverse to good morals, a. That it should be lawfully pleaded ; that is, that it should obtain for forty years with- out the protest of the Church. 3. That it should be general ; that is, in the Universal Church if the question is of universal abroga- tion, or in the nation if of national disuser, or in the whole pro- vince or diocese if the matter be of provincial or diocesan abrogation. When a canon has thus been abrogated either by disuser or by contrary usage it becomes practically dead ; it cannot be revived as binding on the conscience except by the same authority which first enacted it ; therefore, as the bishop has ever been regarded as the diocesan officer for the publication of ecclesiastical law. it is evident that no canon which has become dead by disuser can be revived by a mere priest to make it binding on the conscience. It may be adopted by an individual as a useful rule for him- self, so long as it does not affect others ; or it may be recommended to others, but it clearly may not be laid down as a general rule, binding the consciences of the laity or clei^ in general. should fast from flesh and delicacies from Quinquagesima), since it has not been approved by the customs of the users, does not convict, as guilty of a fault, those who act otherwise.'— Z)«r,f/!««, pars i, dist. iv. cap. iii. § Leges, and cap. vi. S Hkc et»i. Similarly the great summist St. Thomas: 'Custom both has the force of law, and abolishes law, and is the interpreter of laws.'— Prima SeeuHda, quaest. xcviii. art. 3. In the Summa Summarum of Sylvestro Mazzolini (s. v. Lex, Lugduni 1551, pars ii. p. 139) there are many canons alleged as being abrogated by disuser or the contrary custom. Two are con- nected with the subject of this Essay— viz. the communicating after food on Maundy Thursday, and the fastmg after the act of Communion. These, as the gloss on Gratian and St. Thomas point out, are abrogated by the contrary custom, and not by any positive enactment. 43 PART II. THE CANONS ALLEGED FOR FASTING COMMUNION CHAPTER I. HISTORY OF THE CANONS. Section i. Origin of the Canons. " I ''HE first thing that strikes a man who begins to in- -1- vestigate the subject, is that it is difficult to find canons which enforce Fasting Communion. He would probably turn to the three massy folios which contain the Decretum, the Decretals, and the Extravagants, and he would only find one short paragraph about the Fasting Communion of the laity. This paragraph is no ancient canon, whether of a general or local council, but an ex- tract, and it may be said an unfair extract, from St. Augus- tine's letter to Januarius. It would seem to imply that in St. Augustine's day there was no exception to a stringent rule of Fasting Communion, whereas indeed there is no question about the commemorative feast before Communion on Maundy Thursday at least. It would seem as if the letter were written in answer to questions how to keep the African canon lately introduced for Fasting Communion. This extract seems to have misled, if such a supposition may be ventured on, even St. Thomas himself: ' for he ' Summa, pars iii. qusestio Ixxx. art. 8, j 3 ; Venetiis, 1757, torn, v. p. 546, col. I. That St. Thomas was thus misled is rendered likely by the fact that the argument he advances is first seen in a gloss upon Gratian III; De CotuK, Dist. i. cap. xlix. § Exceptio. i^ 44 The Canons on Fasting Communion. [PT. II. ! I i' quotes two portions of the letter, both of which are in the extract, and he falls into a strange error, which he could not have made if he had been conversant with the letter itself He recites the objection that 'on Maundy Thur'-day at least a man may take the Body of Christ after other food.' To this he thinks it sufficient answer to quote a passage from this extract of St. Augustine as it is found in Gratian. ' But now this has been abrogated, for, as Augustine says, this custom is held throughout the whole world — viz. that the Body of Christ should be received by the fasting.* Yet St. Augustine not only does not say that it is abrogated, but he takes the Maundy for granted. It is quite clear that St. Thomas could not have read through this letter, when he quoted St. Augustine to prove the disuse of the Maundy which was insisted on, or at least sanctioned, by several African councils at which St. Augustine himself was present. r " Then, if the enquirer turns to our own English canonist Lyndwode, he cannot find there any prohibition of lay Com- munion after meat, though he will find the prohibition of those who have not received particular absolution after confession. If he takes up a summary of the canons, such as that of Carranza, and looks in the index, the only reference given is to a canon falsely attributed to Pope Soter. But there are certainly some canons which are com- monly adduced, and to the consideration of them we must now turn. The first point to be considered about them is the history of their origin, as this must be the starting point of all historical investigation of their meaning and value. In order to this, it will be well to quote at length the opinion of a learned Greek monk at the very commencement of the twelfth century. This is important and valuable for several reasons. It is one of the earliest existing attempts (to investigate the bearing of these canons; and, as the iii HI' wtmunwH. [I'T. II. CH. I.] History of the Canons. 45 :h of which are in the or, which he could not with the letter itself. Maundy Thur'-day at irist after other food.' r to quote a passage it is found in Gratian. d, for, as Augustine the whole world — viz. • iceived by the fasting.' ay that it is abrogated, ed. It is quite clear id through this letter, rove the disuse of the ,t least sanctioned, by >t. Augustine himself • own English canonist >rohibition of lay Corn- find the prohibition of >cular absolution after le canons, such as that ;x, the only reference I to Pope Soter. mons which are com- ition of them we must ed about them is the be the starting point of [leaning and value. In e at length the opinion very commencement ortant and valuable for rliest existing attempts e canons; and, as the writer says, he seeks to deal with them historically, not in- troducing his own opinions, but drawing out his teaching from the canons themselves. The testimony comes from Constantinople, nearly two hundred years before St. Thomas Aquinas, from the pen of a man who took a foremost place at the time in matters of learning. The passage is quoted at length by Leo Allatius in his work 'De Ecclesiae perpetuA consensione,' ' from a manuscript in his possession, and a portion is quoted with full approbation by Martene, in his work ' De Ritibus Ecclesiae.' " It has therefore the advantage of acceptance in East and West. The author is Joannes Phumes, a monk in the monastery of Mount Garius in the Propontis, in the reign of the Emperor Alexius Com- nenus, that is, somewhere about A.D. i lOO. He seems to have taken a considerable part in the controversies of the day between the Latin and Greek Churches, and to have been acknowledged by his contemporaries as a man of great learning. He is giving the substance of a discourse which he represents himself as having delivered before the Empress on the subject of the change of customs in the Church. The letter or essay begins thus : — Since your Holiness, most sacred Father, desired my vileness to write to you (who were present at the time and were listening) the discourse I delivered before the Empress — I mean the one about the change in the reception of the Communion and its gradual alteration and advance— see, taking courage from your request, I do this briefly, saying and adding nothing of my own, but only comparing the words of the sacred canons with each other, and explaining them from themselves. And I say that the first Christians were indiflferent and not exact about many matters, holding firmly and safely to one thing only — viz. belief in the one Holy Trinity, Giver of Life, of one substance, Eternal ; and in one Person of the Trinity, our Lord Jesus Christ, who for us men and for our salvation devised the dispensation which is ineffable, and ' Lib. iii. cap. xiii. § 15; Coloniae Agrippinse, 1648, col. 1 1 53. ' Lib. I cap. iii. art. 4, § 2; Antuerpiie, 1763, p. 107. .w" Il:' 1^ %l I'. 4! 46 The Canons on Fasting Communion, [pt. II. far exceeds everything that is now. Though even then there were some hereUcs who differed about this, and withdrew to different opinions. But about the other things that were done in the Church they paid attention just so far as was sufficient for the faith and was accurate, being zealous for one thing only that was urgent , Wherefore, since the Church of God ever advances towards that which is better, we find that the work of a priest and the Communion of the Holy Bread has been advanced towards m- provement even till the present time. For those that were before us did not celebrate this at set times, nor did they partake of it fasting as it seems, but rather after they had taken the anston. On account of this custom the Synod which was summoned at Laodicea [cir. a.d. 367] in Phrygia, anxious lest, under pretence of this custom, the Thursday on which the Lord's Supper' took place should be relaxed fro.n fasting (since men would be first eatmg and satiating themselves, and after this celebrating the awful sacrifice and receiving), the Synod, I say, wrote in the fifUeth chapter in the following words :- ' That it is not lawful m Lent on Thursday in the last week to relax the fast and dishonour the whole Lent, but the whole of Lent must be fasted, and dry food taken.' For since Christ at evening gave the Divine mystery to His disciples, and made them parukers of His own holy Flesh and Blood, though He had manifestly taken the anston previously, they too used to do the same every day* when Christ was offered, and having first taken the ariston [that is, the heavy meal in the fore- noon], used to partake of the Eucharist thus celebrated. This custom they continually observed, not only on other days, but on that great Thursday, and never thought they were doing wrong in observing the ancient tradition. Which tradition this holy Synod is manifestly abrogating, and says,» • Be it so : Let it be conceded that the custom exist always, ' That is, the Thursday before Good Friday, when the commemorative •Supper of the Lord' was celebrated, in remembrance of the Last Supper when the institution of the Blessed Sacrament took place. « Joannes seems to imply that a similar reason led to the enactment of the preceding canon. This, he would r.rgue, confines celebrations during Lent to Saturday and Sunday, not because the Communion broke the fast, but because the preceding ariston broke the fast ; and Saturday and Sunday were throughout the Eastern Church feasts of obligation even during Lent. » Joannes seems here to be citing the words of the synod. The passage is difficult and the Latin translation of Allacci has been taken as a guide to 'mton. [PT. II. CH. I.] History of the Canons. A? itn then there were thdrewto different were done in the s sufficient for the thing only that was r advances towards tf a priest and the weed towards im- >se that were before they partake of it taken the ariston. [1 was summoned at t, under pretence of Supper ' took place rould be first eating lebrating the awful irrote in the fiftieth ot lawful in Lent on dishonour the whole nd dry food taken.' ine mystery to His own holy Flesh and ston previously, they rist was offered, and vry meal in the fore- :elebrated. it only on other days, ;ht they were doing estly abrogating, and custom exist always, lien the commemorative Ace of the Last Supper ace. to the enactment of the ebrations during Lent to roke the fast, but because 1 Sunday were throughout ent. synod. The passage is leen taken as a guide to and let bodily food precede the Communion of the Spotless Body. Yet this must not be also on the Great Thursday, since it is Lent, and the fast has been proclaimed ; for the whole temperance of Lent is dishonoured by this transgression.' Since then the canon evidently forbids men to do this on that day, it is manifest that with the me.i of that age the day used to be relaxed from the fast, because men took the ariston before the Communion of Grace. And this Synod made this distinction in its decrees which it put forth for the well ordering of the Church. But the holy local Synod at Carthage [a.d. 419], in some other determinations useful for ecclesiastical affairs in those parts, or on account of the distance between Phrygia and Carthage being ignorant of what had been ruled there (since, indeed, it seems it had not then received, though so long a time had intervened, the things decreed at Nicaea at the first Synod, as it was making en- quiries ' from Constantinople, and Antioch, and the Alexandrian Church), is seen to pass a different canon in respect of the afore- said day. For it says thus in the forty-first chapter—' That the holy things of the altar are not to be celebrated except by fasting men, the one anniversary being excepted in which the Lord's Supper is celebrated.' In these words it forbids the taking of food at other times befu; the Communion, but because of the custom that this was do'^ • -5 one day it concedes the previous eating at the holy office: . rvjtstly because the Lord did so with His disciples. For if men used not to partake after the ariston, why should it be said that the holy things of the altar are not to be celebrated except by fasting men, the exception confessedly suggesting the idea? Then the Council goes on to speak of something else that was wont to be done at that time—* But if the comnaendatory of any who died in the afternoon, whether bishop or others, has occurred, they say that only the prayers were to be celebrated, if those who offered them had taken the ariston.' For it seemed that if anyone died in the afternoon the the meaning. As Allacci was a Greek he may be supposed to know what was meant. ' They only made enquiries because the legate of the Bishop of Rome had quoted as a veriUble canon of Nicsea some rule which did not exist in the authentic copy brought to Carthage by Csecilianus, the metropolitan of Africa. They luJ not like to accuse the Patriarch of Rome of falsity or forgery without reference t-> thr- other patriarchal sees. Joannes is quoting the canon as it appears in the Code of the African Church drawn up in a.d. 419, and not as the Canon of Hippo, where it was first passed, A.D. 393. i If 'ir ^ IP' 41 7/i^ CVi«