as not proper to the
bishop, but, with him, common to his clergy and presbytery, and that _jus
communicationis_ was given them by the clergy as well as by the bishop. We
have heard, out of Jerome,(1110) that a bishop did nothing which a
presbyter did not also, except only that he gave rite or sign of
ordination, that is, imposition of hands. Whereby we understand that as
all other things, beside ordination, so the power of excommunication,
among the rest, was alike common to bishops and presbyters. Whence it is,
that the same Jerome, writing to Demetriades, calleth excommunication
_Episcoporum et Presbyterorum censura_. And elsewhere, _Alligat vel solvit
Episcopus et Presbyter._(1111) Justinian (_Novel_. 123, cap. 11) saith,
_Omnibus autem Episcopis et Presbyteris interdicimus segregare aliquem a
sacra communione, antequam causa monstretur_, &c., certifying them, if
they do otherwise, that he whom they excommunicate should be loosed from
excommunication _a majore sacerdota_. Whence we see, that presbyters also
were wont to excommunicate, and that this power was common to them with
the bishops. The First Council of Carthage, can. 23, decreeth that a
bishop hear no man's cause without the presence of his clergy; and that
otherwise his sentence shall be void, except it be confirmed by the
presence of his clergy. The canon law itself hath some vestiges of the
ancient order: it ordaineth,(1112) that when a bishop either
excommunicateth or absolveth any man, twelve of the clergy be present, and
concur with him. Dr Forbesse now also acknowledgeth,(1113) that it is not
lawful for a bishop to exercise the power of public jurisdiction by
himself, and without the presbytery; and, under this power of
jurisdiction, whereof he speaketh,(1114) he comprehendeth the visitation
of churches, ordination, suspension, and deposition of ministers, the
excommunicating of contumacious persons, and the reconciling of them when
they become penitent, the calling of the fellow-presbyters to a synod, the
making of ecclesiastical canons, &c.; which power of jurisdiction, saith
he,(1115) remaineth one and the same, whole and entire, both in the
bishop, and in the presbytery: in him personally; in it collegially. His
confession of the presbytery's power and authority, we catch and lay hold
on; but whereas he would have this power any way proper and personal to
bishops, he is confuted by our former arguments.

And thus far have we demonstrated to princes