CHAP.
I.
Of
the
Original
of
Excommunication
.
§
.
I.
ALthough
we
consider
Excommunication
as
it
is
now
used
in
the
Christian
Church
,
yet
because
it
was
not
first
practised
there
,
we
must
dig
deeper
to
discover
the
Foundation
thereof
;
and
it
will
add
much
to
the
Veneration
of
it
,
to
shew
,
That
it
was
ever
reverenced
,
as
well
by
the
Jews
as
the
Gentiles
,
before
it
was
adopted
into
Christianity
by
our
blessed
Saviour
:
Wherefore
we
will
demonstrate
,
that
this
Sacred
Rite
hath
its
Original
from
these
three
things
.
-
First
,
From
the
Light
of
Natural
Reason
,
and
the
Practice
of
the
Gentiles
,
who
had
no
other
Guide
.
-
Secondly
,
From
the
Custom
of
the
Jews
before
our
Lord's
Incarnation
.
-
Thirdly
,
From
the
express
Institution
of
Christ
in
the
New
Testament
.
First
,
The
Light
of
Natural
Reason
shews
us
,
That
no
Society
ever
did
,
or
can
subsist
without
Governours
;
nor
can
those
Governours
do
their
duty
,
or
preserve
the
Society
committed
to
their
Care
,
without
a
Power
to
punish
such
as
break
the
Rules
of
this
Society
,
and
commit
Offences
tending
to
the
Subversion
of
it
;
for
otherwise
the
Society
it self
must
be
precarious
,
and
would
soon
come
to
ruin
,
as
wanting
sufficient
Means
to
preserve
it self
:
Now
since
it
is
certain
that
Jesus
hath
instituted
a
Society
which
is
called
the
Church
,
and
which
is
really
distinct
from
the
Civil
State
,
being
appointed
for
other
Ends
,
and
governed
by
other
Measures
,
ruled
by
distinct
Officers
,
and
guided
by
peculiar
Laws
;
a
Society
which
did
subsist
when
the
Civil
State
opposed
it
,
and
must
continue
(
whatever
changes
Human
Governments
suffer
)
unto
the
end
of
the
World
:
Therefore
the
Rulers
of
this
Society
,
the
Church
,
must
have
some
Power
to
punish
all
those
who
do
disturb
the
good
Order
thereof
by
a
false
Faith
or
corrupt
Worship
,
or
by
dissolute
Manners
;
and
if
our
Lord
had
not
intrusted
the
Church
with
such
a
Power
,
Reason
and
Necessity
would
have
compelled
the
Rulers
of
the
Church
to
have
assumed
it
,
because
the
Church
cannot
subsist
without
it
.
No
man
can
so
much
as
govern
one
Family
in
the
Capacity
of
a
Father
or
Master
,
unless
he
be
invested
with
power
to
let
in
and
turn
out
of
his
Family
,
such
as
he
sees
fit
,
and
to
dispense
or
withhold
the
Benefits
belonging
to
his
Family
as
he
sees
Occasion
;
much
less
can
a
larger
Society
be
maintained
in
Peace
and
Safety
without
the
exercise
of
such
a
Power
.
And
as
the
Father
or
Master
may
and
doth
exercise
this
Authority
within
his
own
Family
,
though
it
be
a
part
of
the
Commonwealth
,
without
damage
to
the
Prince's
Power
:
So
in
this
Society
of
the
Church
,
since
the
ends
of
it
are
different
from
that
of
the
Civil
Government
,
the
Ecclesiastical
Governours
may
exercise
their
Power
and
Authority
without
incroachment
upon
the
Prince's
Sovereignty
.
The
ends
of
Temporal
Princes
being
to
preserve
their
People
in
outward
Peace
and
Plenty
,
in
the
enjoyment
of
their
Temporal
Rights
and
Priviledges
while
they
live
upon
Earth
:
But
the
ends
of
the
Spiritual
Governours
are
to
make
Christians
holy
here
and
happy
hereafter
,
and
their
Rules
and
Punishments
are
both
suted
to
this
end
.
The
Rules
are
Precepts
of
Piety
and
Charity
,
and
the
Penalties
are
proportionable
,
viz.
not
Corporal
[
(a)
](B20551-e10420-b)
(a)
Nullum
ibi
discrimen
sanguinis
sub
incruentâ
disciplinâ
timebatur
.
Aug.
ad
Maced
.
ep.
54.
,
but
Spiritual
;
that
is
,
the
depriving
them
of
all
the
comfort
and
benefit
of
Church-communion
at
present
,
and
the
declaring
them
to
be
worthy
of
Divine
vengeance
,
unless
they
repent
.
So
that
the
Rulers
of
the
World
need
have
no
jealousie
for
their
Authority
,
on
the
account
of
this
Spiritual
Jurisdiction
from
his
Servants
,
who
declares
His
Kingdom
is
not
of
this
World
[
(b)
](B20551-e10450-b)
(b)
Joh.
xviii
.
36.
Audite
Judaei
&
Gente●
—
non
impediam
dominationem
vestram
in
hoc
mundo
.
Aug.
in
loc.
.
They
are
to
watch
for
mens
Souls
,
to
make
them
inwardly
good
,
to
reform
their
Manners
,
and
fit
them
for
a
blessed
Eternity
:
And
they
govern
as
Fathers
,
by
Arguments
and
Perswasion
,
by
Spiritual
Promises
and
Threatnings
,
by
the
Rod
of
Church
Censures
,
not
by
the
Sword
,
as
the
Civil
Magistrate
doth
.
Yet
as
the
Prince
takes
care
of
the
Lives
and
worldly
concerns
of
his
Subjects
,
and
punisheth
those
who
injure
them
in
either
of
these
;
so
doth
the
Spiritual
Governour
in
his
proper
way
punish
those
who
act
contrary
to
the
welfare
of
their
own
or
others
Souls
,
whether
by
teaching
false
Doctrine
,
or
setting
a
bad
Example
.
And
as
there
are
three
ends
of
outward
and
civil
Punishments
,
First
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Instruction
to
the
Offender
to
repent
and
amend
:
Secondly
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Warning
to
others
not
to
follow
so
bad
an
Example
:
and
Thirdly
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Vindication
of
the
Society
from
the
Scandal
which
might
be
cast
upon
it
for
suffering
evil
Acts
to
be
done
[
(c)
](B20551-e10500-b)
(c)
Vidend
.
Aul.
Gellius
noct.
Attie
.
lib.
6.
c.
14.
Clem.
Alexandr
.
Strom.
4.
:
So
also
the
Spiritual
Penalties
aim
at
the
same
ends
,
viz.
To
reform
the
Offender
;
To
warn
others
not
to
follow
the
ill
Example
;
And
to
clear
the
Church
from
that
Scandal
which
the
acts
of
evil
Men
,
professing
themselves
Christians
,
may
bring
on
it
,
if
they
be
not
punished
:
All
which
ends
are
obtained
by
this
Spiritual
Penalty
of
Excommunication
duly
inflicted
by
the
Church
,
and
humbly
submitted
to
by
the
Offender
;
which
doth
clearly
shew
that
it
is
necessary
to
the
being
and
the
well-being
of
this
Spiritual
Society
,
the
Church
,
even
upon
Principles
of
Natural
Reason
,
that
its
Governours
should
have
this
Power
.
And
that
none
may
doubt
whether
Natural
Reason
doth
teach
this
,
we
will
shew
that
the
very
Gentiles
(
who
had
no
other
Guide
but
the
Light
of
Natural
Reason
)
did
frequently
use
this
kind
of
excluding
all
those
from
their
Society
,
especially
from
joyning
in
their
Sacrifices
,
who
were
unfit
and
unworthy
.
And
though
there
were
no
Law
to
turn
such
Persons
out
by
violence
,
yet
their
Order
was
obeyed
by
all
,
to
the
shame
of
those
pretended
Christians
who
despise
the
Commands
and
deride
the
Authority
of
our
Lords
Ministers
in
the
like
Case
.
§
.
II.
Among
the
Grecians
,
Draco
was
one
of
their
most
ancient
Lawgivers
,
and
he
decreed
,
That
Murtherers
should
be
excluded
from
the
Drink-Offerings
and
Festivals
,
from
the
Temples
and
Publick
Assemblies
[
(d)
](B20551-e10550-b)
(d)
Demosth
.
Orat.
in
Leptin
.
.
And
the
Scholiast
on
Aristophanes
speaks
of
this
as
of
an
old
Custom
,
That
no
Manslayer
should
partake
of
their
Sacrifices
.
[
(e)
](B20551-e10580-b)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Schol.
Aristoph
.
.
And
agreeable
to
this
is
that
Edict
of
Oedipus
in
Sophocles
,
concerning
a
Parricide
,
That
none
of
his
Subjects
should
receive
him
into
their
House
,
nor
speak
to
him
,
nor
communicate
with
him
in
Prayers
or
Sacrifices
to
the
Gods
,
nor
wash
their
hands
with
him
[
(f)
](B20551-e10630-b)
(f)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Sophoc
.
in
Oedip.
.
Whence
it
appears
,
That
both
Civil
and
Sacred
Commerce
was
forbid
to
these
Criminals
;
and
though
those
who
had
slain
their
Mother
in
Euripides
,
mention
only
their
being
excluded
at
Argis
from
all
Mens
houses
and
conversations
:
[
(g)
](B20551-e10670-b)
(g)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Eurip.
Oreste
.
Yet
we
may
infer
they
were
much
more
uncapable
of
coming
to
the
Sacrifices
.
Plato
also
ordains
that
such
as
strike
their
Parents
should
be
expelled
from
their
Cities
and
their
Temples
;
and
that
whoever
had
any
conversation
with
them
should
be
excluded
from
the
Assemblies
and
Sacrifices
till
they
were
purged
[
(h)
](B20551-e10710-b)
(h)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Plato
de
leg.
9.
fol.
881.
.
And
if
it
be
enquired
whose
office
it
was
to
do
this
,
we
may
learn
that
from
Julius
Pollux
,
who
tells
us
there
was
one
at
Athens
called
the
King
of
the
Sacrifices
,
whose
office
was
To
proclaim
that
the
contumacious
(
or
rather
,
the
unholy
who
were
of
contrary
disposition
to
the
holy
Rites
)
should
abstain
from
the
Mysteries
and
other
established
Rites
[
(i)
](B20551-e10780-b)
(i)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Poll.
Onomastic
.
lib.
8.
cap.
9.
pag.
397.
.
And
Alcibiades
,
for
having
revealed
the
Mysteries
of
Ceres
which
ought
to
have
been
kept
secret
,
was
devoted
to
Divine
Vengeance
by
the
Priests
in
all
their
several
ways
of
Religion
[
(k)
](B20551-e10830-b)
(k)
Se
D●is
per
omnium
Sacerdetum
religiones
devotum
cognovit
.
Justin
.
Hist.
lib.
5.
.
Where
note
,
that
this
sort
of
Excommunication
was
attended
with
solemn
Curses
;
which
was
a
delivering
them
to
the
Divine
Justice
:
and
we
may
further
observe
,
that
this
penalty
was
not
inflicted
only
for
Murther
,
but
for
any
great
offence
either
against
Religion
(
as
here
)
or
against
good
manners
.
As
in
that
remark
concerning
the
Cercetae
,
now
called
the
Circassians
,
who
used
to
forbid
all
that
did
any
injustice
,
to
come
into
their
Temples
[
(l)
](B20551-e10870-b)
(l)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Stobae
.
Serm.
165.
.
And
that
Example
in
Herodotus
where
five
Cities
of
Ionia
did
exclude
the
sixth
City
from
all
Communion
in
their
Sacrifices
;
because
one
of
their
Citizens
called
Agasicles
,
took
away
a
Brazen
Tripod
which
was
dedicated
to
Apollo
[
(m)
](B20551-e10930-b)
(m)
Herodot
.
lib.
1.
Clio.
pag.
69.
.
And
we
may
find
instances
wherein
Men
were
also
excommunicated
for
other
crimes
;
such
as
unlawful
Lusts
[
(n)
](B20551-e10940-b)
(n)
—
discedite
ab
aris
Queis
tulit
hesternâ
gaudia
nocte
Venus
.
Tibul
.
lib.
2.
eleg.
1.
,
a
crime
so
odious
,
that
if
we
may
believe
Aelian
,
the
very
Dogs
that
were
kept
in
Vulcan's
Temple
near
Mount
Aetna
which
fawned
on
all
pure
Worshippers
,
would
have
found
out
those
which
were
so
polluted
,
and
driven
them
out
of
the
Holy
place
[
(o)
](B20551-e10990-b)
(o)
Aelian
de
animal
.
lib.
xi
.
c.
3.
.
We
need
not
instance
in
any
more
particulars
,
for
Plutarch
reports
That
Apollo
did
command
Murtherers
and
all
wicked
Persons
to
go
out
of
his
Temple
[
(p)
](B20551-e11030-b)
(p)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Plut.
de
sera
num.
vind.
—
Paean
solitus
templis
arcere
nocentes
.
Lucan
.
lib.
5.
;
not
that
the
Deity
did
this
in
Person
,
but
by
the
Priests
,
who
in
the
name
of
the
Gods
were
wont
to
proclaim
before
the
Sacrifices
began
,
That
no
Unhallowed
,
nor
Profane
person
,
none
that
were
polluted
with
Blood
or
other
crimes
should
dare
to
stay
there
,
or
come
near
the
place
[
(q)
](B20551-e11060-b)
(q)
—
procul
,
ô
,
procul
este
profani
,
Conclamat
vates
,
totoque
absistite
luco
.
Virgil
.
Aen.
6.
,
as
Virgil
declares
in
the
Sacrifice
of
Proserpina
,
using
the
very
same
words
,
as
Brissonius
notes
[
(r)
](B20551-e11110-b)
(r)
Brisson
.
de
sormul
.
lib.
1.
pag.
2.
,
which
of
old
were
used
by
the
Greeks
on
the
same
account
[
(s)
](B20551-e11120-b)
(s)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Callim
.
hym
.
2.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
hym
.
Apol.
&
apud
Orph.
—
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
—
;
and
no
doubt
these
were
the
Solemn
Form
of
denouncing
all
such
unworthy
of
the
Sacrifices
:
For
the
forementioned
Brissonius
hath
cited
many
Testimonies
to
prove
that
this
Proclamation
was
alwaies
made
,
not
in
the
Sacrifices
of
any
one
Deity
,
but
of
all
the
several
Gods
.
So
Medea
when
she
acts
as
Priestess
of
Hecate
,
uses
the
like
form
[
(t)
](B20551-e11190-b)
(t)
Hinc
procul
Aesonidem
,
procul
hinc
jubet
ire
ministros
,
Et
monet
arcanis
oculos
removere
profanos
.
Ovid.
Metam
.
l.
7.
p.
227.
:
As
doth
also
the
Principal
of
those
who
were
employed
in
the
Sacrifices
of
Cybele
[
(u)
](B20551-e11220-b)
(u)
Et
procul
hinc
moneo
,
procul
hinc
●u●ecunque
prof●nae
.
Sil.
Ital.
lib.
17.
.
And
for
those
who
knew
themselves
guilty
,
they
did
so
reverence
these
words
,
that
they
presently
withdrew
,
taking
them
as
spoken
from
the
Deity
;
and
believing
the
Divine
Vengeance
would
seize
them
if
they
should
presume
to
stay
;
as
we
more
fully
learn
from
Suidas
,
who
thus
describes
this
matter
,
Those
who
were
to
offer
cryed
out
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
that
is
,
who
is
here
?
Then
the
people
charitably
answered
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
many
and
Good
Persons
:
And
this
the
Sacrificers
did
,
that
they
whose
Consciences
accused
them
of
any
impurity
,
might
withdraw
themselves
from
the
Holy
Rites
[
(w)
](B20551-e11300-b)
(w)
Suidas
verbo
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
;
.
And
we
need
not
with
the
Learned
Selden
so
nicely
distinguish
between
this
Monitory
Excommunication
,
and
that
which
was
more
solemnly
denounced
against
particular
persons
;
Since
the
Heathens
did
esteem
this
Monition
to
be
so
Sacred
,
that
even
Nero
himself
,
though
an
Emperor
for
his
Quality
,
and
irreligious
enough
in
other
things
,
durst
not
come
to
the
Eleusinian
Rites
after
the
Sacred
Officer
had
proclaimed
,
That
no
impious
or
unclean
Person
should
be
present
there
,
as
Suetonius
relates
:
And
the
Historian
mentions
it
as
a
demonstration
of
the
Purity
and
Innocence
of
the
excellent
Emperor
Antoninus
,
that
he
went
to
these
Sacrifices
in
the
Temple
of
Ceres
at
Athens
[
(x)
](B20551-e11390-b)
(x)
Cereris
templum
adit
ut
se
innocentem
probaret
.
Capitolin
.
vit.
M.
Antonin
.
Philos.
p.
213.
;
which
custom
was
of
longer
continuance
,
it
seems
:
For
Lampridius
notes
that
Alexander
Severus
(
who
did
refuse
those
undue
divine
honours
to
which
some
of
his
Predecessors
pretended
)
in
this
worthily
imitated
the
Gods
,
That
he
proclaimed
,
None
should
enter
his
presence
(
as
they
say
in
the
Eleusinian
Sacrifices
)
who
did
not
know
himself
innocent
[
(y)
](B20551-e11450-b)
(y)
Jussitque
quemadmodum
in
Eleusiniis
sacris
dicitur
,
ut
nemo
ingrediatur
nisi
qui
se
innocentem
novit
.
Lamprid.
vit.
Alex.
Sever.
pag.
525.
.
Yea
,
as
long
as
Paganism
was
retained
,
this
usuage
was
kept
:
For
Julian
the
Apostate
had
banished
and
excluded
the
Christians
from
all
publick
Assemblies
[
(z)
](B20551-e11480-b)
(z)
Julian
.
Epist.
42.
Nazianz.
Invect
.
in
Julian
.
orat
.
1.
:
And
in
those
times
the
Criers
was
wont
to
proclaim
according
to
the
Athenian
manner
,
That
if
any
Atheist
,
Christian
,
or
Epicurean
were
come
to
see
the
Sacrifice
,
they
should
be
turned
out
[
(a)
](B20551-e11500-b)
(a)
Vide
Luciani
Pseudomant
.
pag.
489.
;
for
they
falsly
took
the
Christians
then
for
Impious
Persons
.
But
withal
we
may
note
,
that
the
Christian
Bishops
did
not
suffer
their
People
to
be
present
at
any
of
these
Sacrifices
;
for
when
an
Hymn
was
to
be
sung
to
Bacchus
,
and
in
the
Preface
to
it
Proclamation
was
made
,
that
such
as
were
not
initiated
,
and
such
as
were
unclean
should
go
out
of
the
doors
;
Apollinaris
and
his
Father
(
who
were
both
of
the
Clergy
)
with
some
of
the
Laity
,
stayed
to
hear
it
;
whereupon
the
Laity
were
admonished
,
and
these
two
of
the
Clergy
were
excommunicated
by
Theodotus
Bishop
of
Laodicea
,
and
not
received
in
again
till
they
were
reconciled
by
a
solemn
Repentance
[
(b)
](B20551-e11550-b)
(b)
Sozomen
hist.
lib.
6.
cap.
25.
pag.
389.
.
But
to
return
to
the
Gentiles
;
Tertullian
informs
us
,
That
all
Heathen
mysteries
did
drive
away
the
Profane
[
(c)
](B20551-e11580-b)
(c)
Semper
impiae
initiationes
arceant
profanos
.
Tertul
.
Apolog.
.
And
yet
this
was
no where
done
with
more
Authority
or
more
Solemnity
than
among
the
ancient
barbarous
Gauls
;
among
whom
the
Druids
were
their
Chief
Priests
,
and
had
in
so
very
great
Veneration
,
that
Caesar
who
lived
in
Gallia
,
and
must
needs
know
their
Laws
,
saith
,
If
any
private
or
publick
Person
stand
not
to
their
Decrees
,
they
forbid
him
their
Sacrifices
,
which
is
the
highest
punishment
among
them
;
for
they
who
are
thus
interdicted
,
are
reckoned
in
the
number
of
the
impious
and
wicked
;
all
men
turn
away
from
them
,
and
will
not
meet
them
,
nor
speak
with
them
,
lest
they
should
be
infected
by
coming
near
them
;
nor
can
they
have
any
benefit
of
the
Law
,
nor
receive
any
kind
of
honour
[
(d)
](B20551-e11650-b)
(d)
Caesar
de
bello
Gal.
lib.
6.
pag.
.
And
Tacitus
hath
informed
us
,
That
the
Germans
,
who
had
the
same
Rites
of
Religion
,
use
to
punish
Cowards
,
and
such
as
lost
their
Shields
(
who
were
great
Offenders
among
that
warlike
People
)
with
excluding
them
from
their
Sacrifices
and
their
Councils
[
(e)
](B20551-e11680-b)
(e)
Tacit.
Annal.
lib.
14.
.
Whence
we
may
observe
,
That
the
Priests
were
the
Inflictors
of
these
Censures
,
and
when
any
one
was
judged
contumacious
to
the
Priests
Laws
,
he
was
first
cut
off
from
all
communion
in
Sacred
things
;
and
then
as
a
consequent
to
that
,
the
People
also
denied
him
all
common
Civilities
,
as
one
odious
to
God
and
Men.
And
we
ought
not
,
with
Mr.
Selden
,
to
think
this
a
meer
Civil
Punishment
;
because
the
deprivation
of
Civil
conversation
did
follow
upon
the
Excommunication
from
Sacred
Offices
,
as
Caesar
clearly
expresses
it
.
And
though
it
be
true
that
it
was
a
custom
at
Rome
for
private
Persons
sometimes
[
(f)
](B20551-e11720-b)
(f)
Majores
quoties
dirimerent
amicitias
,
solent
interdicere
Domo
.
Tacit
.
Annal.
lib.
6.
p.
595.
,
even
for
private
Injuries
,
to
forbid
Men
their
House
;
and
for
the
Magistrates
,
for
Crimes
against
the
State
only
,
to
Interdict
all
Men
the
accommodating
Criminals
with
Fire
or
Water
[
(g)
](B20551-e11740-b)
(g)
Appian
.
de
Bell.
Givil
.
lib.
1.
Livius
passim
&
Dion
.
Halicarn
.
;
yet
it
doth
not
follow
that
the
same
Interdict
of
Civil
commerce
might
not
be
observed
upon
the
Priests
excommunicating
Men
from
Sacred
Offices
,
since
it
seems
very
natural
for
the
People
to
infer
,
That
those
whom
the
Sacred
Officers
declared
to
be
unworthy
to
converse
with
the
Gods
,
were
also
unworthy
to
have
any
conversation
with
them
;
and
when
the
greater
Priviledge
was
taken
away
,
the
less
would
follow
of
it self
:
So
that
we
may
conclude
,
That
the
Druides
and
German
Priests
did
principally
use
this
as
a
religious
punishment
on
the
most
notorious
Offenders
;
and
that
this
exclusion
from
their
Sacrifices
was
esteemed
the
worst
and
most
grievous
Penalty
that
could
be
inflicted
;
though
they
had
other
kinds
of
Panishments
from
all
Antiquity
:
For
Aventinus
saith
,
Tuisco
the
first
Law-giver
of
the
Germans
,
allowed
none
but
the
Priests
to
execute
,
bind
,
or
chastise
Malefactors
,
that
so
Men
might
not
only
take
it
for
a
Corporal
Penalty
by
the
Princes
command
,
but
as
due
Vengeance
from
the
Gods
[
(h)
](B20551-e11790-b)
(h)
Aventin
.
Annal.
l.
1.
p.
12.
.
Wherefore
Excommunication
was
then
thought
a
sadder
Penalty
than
Stripes
,
Imprisonment
,
or
Death
it self
.
Which
Opinion
of
these
poor
Barbarians
,
will
rise
up
in
Judgment
one
day
against
those
wretched
pretenders
to
Christianity
,
who
slight
the
Censures
of
the
Church
of
Christ
,
and
value
not
their
just
exclusion
from
those
Divine
Ordinances
which
he
hath
appointed
.
Finally
,
This
general
Consent
of
all
Nations
(
thus
explained
)
doth
declare
,
That
Natural
Reason
did
teach
the
very
Heathens
,
who
wanted
the
Revealed
will
of
God
,
that
it
was
necessary
to
the
Being
and
the
Honour
of
Religion
,
to
give
their
Priests
a
power
to
cast
out
all
notorious
,
infamous
,
and
scandalous
Criminals
from
their
Temples
,
and
to
exclude
them
from
all
communion
in
their
Sacrifices
;
which
proves
my
first
Assertion
,
That
Excommunication
is
partly
founded
on
Natural
Reason
.
But
whereas
some
(
especially
those
who
belong
to
the
Civil
Courts
,
and
for
their
Interest
would
decry
Ecclesiastical
Jurisdiction
)
would
perswade
us
there
is
no
other
Foundation
of
Church
Censures
,
but
only
this
light
of
Natural
Reason
,
and
the
Practice
of
the
Greeks
and
Romans
[
(i)
](B20551-e11820-b)
(i)
Vid.
Selden
de
Synedriis
,
l.
1.
c.
10.
p.
224.
,
I
shall
now
proceed
to
shew
the
evidence
we
have
to
prove
it
is
of
Divine
Institution
.
§
.
III.
The
second
ground
of
excommunication
is
the
practice
of
the
Jews
,
by
which
I
do
not
mean
the
conceits
of
those
Rabbins
who
lived
long
after
the
destruction
of
the
Jewish
Polity
,
who
have
discoursed
frivolously
about
this
Rite
,
and
loaded
it
with
many
superstitious
if
not
ridiculous
adherencies
,
which
while
some
learned
Men
industriously
hunt
after
,
they
lose
the
substance
,
and
that
which
is
principally
considerable
to
us
Christians
;
that
is
,
The
grounds
we
have
in
Scripture
to
prove
that
something
analogous
to
our
Excommunication
was
in
use
before
the
Destruction
of
Jerusalem
.
And
we
must
begin
this
account
with
the
Infancy
of
the
World
,
because
what
God
did
in
the
Patriarchal
times
,
was
written
to
guide
the
Jews
when
they
came
to
be
the
only
Church
and
People
of
the
most
High
.
And
first
,
it
is
plain
that
Adam
upon
his
Transgression
was
cast
out
of
Paradise
by
the
Ministry
of
an
Angel
,
which
was
a
sort
of
excommunicating
him
from
the
place
where
he
enjoyed
the
Divine
Presence
in
the
most
immediate
manner
,
Genes.
iii.
24.
and
some
of
the
Ancients
make
this
the
first
pattern
of
this
Sacred
Rite
.
Again
,
This
Discipline
was
more
plainly
exercised
upon
Cain
,
who
had
been
instructed
in
the
way
of
worshipping
God
,
Gen.
iv
.
3.
and
making
Solemn
Offerings
with
his
Father
and
the
rest
of
that
Family
.
But
when
he
wilfully
murdered
his
pious
Brother
Abel
,
God
pronounces
the
Sentence
of
Excommunication
upon
him
,
which
Cain
professes
was
an
intolerable
Punisnment
,
ver.
13.
For
hereby
first
he
was
to
be
turned
out
of
the
Assemblies
for
Religion
,
which
he
calls
being
hid
from
Gods
face
.
Secondly
he
was
declared
unworthy
to
converse
with
the
Innocent
,
which
is
expressed
by
his
being
a
Fugitive
and
a
Vagabond
in
the
Earth
.
Thirdly
he
was
devoted
to
destruction
,
so
that
it
would
have
been
no
Crime
to
kill
him
,
as
he
complains
when
he
saith
,
That
every
one
who
found
him
would
slay
him
,
ver.
14.
Which
is
so
express
a
place
,
that
some
learned
Men
find
all
the
kinds
of
Excommunication
asterwards
used
among
the
Jews
,
in
this
Divine
Censure
.
1.
The
Niddui
or
Separation
;
2.
The
Cherem
,
Anathema
or
Curse
;
And
3ly
,
the
Schamatha
,
or
exposing
him
to
Divine
Vengeance
;
For
God
set
a
Mark
on
him
to
reserve
the
Judgment
upon
Cain
solely
to
his
own
inflicting
:
However
,
this
plainly
declares
that
the
Lord
would
have
all
wilful
and
obstinate
Offenders
separated
and
excluded
from
the
founder
part
of
the
Church
.
And
since
Noah
was
the
great
High-Priest
after
the
Flood
,
it
is
not
improbable
that
the
Curse
he
pronounced
upon
Cham
for
despising
his
Father
,
was
a
sort
of
Cherem
,
since
he
takes
Japhet
into
the
Tents
of
Sem
,
the
designed
High-Priest
of
the
true
God
,
and
leaves
Cham
and
his
Race
out
of
that
blessed
Priviledge
,
Genes.
viii
.
27.
The
like
Curse
old
Jacob
pronounces
upon
those
two
cruel
and
treacherous
Sons
of
his
who
had
murdered
the
poor
Sechemites
,
viz.
Simeon
and
Levi
,
Gen.
xlix
.
6.
where
he
seems
to
renounce
their
Communion
in
those
words
,
O
my
Soul
,
come
not
thou
into
their
secret
,
unto
their
Assembly
mine
honour
be
not
thou
united
.
Which
shews
that
such
as
were
accursed
for
their
notorious
Crimes
,
were
not
worthy
of
the
Society
of
pure
and
holy
Persons
.
Under
Moses
Law
there
was
a
new
way
of
worship
instituted
,
consisting
of
divers
carnal
Ordinances
,
suited
to
the
genius
of
the
Jewish
People
,
and
to
those
Ages
and
Parts
of
the
World
,
and
these
outward
Rites
were
typical
of
more
spiritual
and
moral
Observances
which
were
to
succeed
them
in
Gospel
times
[
*
](B20551-e12140-b)
*
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Hebr●●
.
1.
.
And
while
this
Oeconomy
lasted
,
it
is
no
great
wonder
if
the
most
visible
exercise
of
Excommunication
was
upon
the
persons
who
had
some
legal
impurity
upon
them
:
For
all
who
were
so
polluted
the
Priest
excluded
from
Sacred
and
Civil
conversation
,
for
so
long
a
time
as
the
uncleanness
remained
,
and
until
the
Rites
for
purifying
had
been
performed
according
to
the
Priests
direction
,
and
then
they
were
admitted
in
again
,
and
restored
to
their
former
Priviledges
(
see
Levit.
xiii
,
xiv
,
xv
.
)
by
the
Priests
consent
and
permission
.
Now
these
persons
who
were
thus
legally
unclean
,
being
unfit
for
that
legal
Worship
,
were
justly
excluded
from
it
,
and
were
to
all
intents
and
purposes
in
the
state
of
Excommunicate
persons
during
this
their
Separation
,
as
far
as
concerned
the
loss
of
their
External
Priviledges
;
and
if
in
a
more
Spiritual
Religion
the
Spiritual
Sword
cut
deeper
,
when
it
is
used
on
greater
Offenders
,
it
is
no
wonder
:
But
still
this
treatment
of
the
legally
unclean
by
Divine
Institution
,
was
a
Type
and
Fore-runner
of
the
Gospel
Censures
:
And
these
natural
Diseases
and
External
Pollutions
were
plain
Emblems
of
those
moral
Impurities
,
which
were
to
exclude
those
who
were
Jesus
his
professed
Disciples
,
from
the
Assemblies
which
were
to
meet
in
his
Name
:
And
the
Type
was
so
clear
an
indication
of
this
,
that
the
learned
Grotius
thinks
even
the
Jews
could
not
but
make
the
inference
themselves
,
viz.
That
if
a
leprous
person
was
turned
out
of
the
Assembly
,
lest
he
should
infect
others
with
his
Disease
,
so
much
at
least
ought
to
be
inflicted
on
wicked
and
lewd
Men
(
whose
Examples
were
contagious
,
and
their
actions
a
reproach
to
the
whole
Society
)
that
their
Crimes
should
be
marked
with
a
publick
detestation
[
(k)
](B20551-e12190-b)
(k)
Grot.
Comunent
.
in
Luc.
vi
.
22.
.
And
on
this
account
some
think
David
did
abstain
from
the
Publick
Worship
for
some
time
after
he
had
committed
his
great
Sin
,
and
therefore
he
prays
in
his
Penitential
Psalm
li.
vers.
11.
Cast
me
not
away
from
thy
presence
,
&c.
Yet
if
any
make
it
still
matter
of
admiration
,
How
it
comes
to
pass
there
are
so
few
Instances
in
the
Old
Testament
of
any
that
were
Excommunicated
for
real
Sins
and
immoral
or
impious
Actions
?
There
being
but
one
clear
Example
of
this
kind
,
viz.
that
of
the
Tribe
of
Benjamin
,
which
was
publickly
denounced
accursed
in
a
Religious
Assembly
,
Jud.
xx
.
12.
and
all
conversation
with
them
renounced
by
a
solemn
Oath
,
Chap.
xxi
.
1.
for
abetting
the
lust
and
cruelty
of
the
men
of
Gibeah
:
I
say
if
this
be
strange
to
any
,
we
can
give
some
satisfactory
Reasons
,
Why
the
Instances
were
so
few
under
the
Ceremonial
Law
:
For
first
,
it
must
be
noted
that
in
those
days
,
Almighty
God
for
the
conviction
of
a
stubborn
and
unbelieving
Nation
,
did
very
usually
strike
those
who
committed
great
and
scandalous
Offences
,
either
with
sudden
death
,
as
Corah
and
his
Complices
,
Numb
.
xvi
.
32.
the
Bethshemites
,
1
Sam.
vi
.
19.
Uzzah
,
2
Sam.
vi
.
7.
and
many
others
,
and
so
executed
the
highest
and
heaviest
sort
of
Excommunication
,
the
Schammatha
,
upon
them
to
terrifie
others
from
the
like
Crimes
:
Or
at
least
,
he
did
lay
such
loathsom
Diseases
upon
the
Offenders
against
his
Laws
,
as
did
even
by
the
Rules
of
the
Ceremonial
Law
sufficiently
expose
them
to
a
necessary
Exclusion
out
of
the
Congregation
,
and
cut
them
off
from
both
civil
and
religious
Conversation
,
as
may
be
particularly
seen
in
the
case
of
Leprosie
;
with
this
Miriam
was
smitten
for
speaking
evil
of
Moses
the
Ruler
of
the
People
,
and
thereupon
by
the
Priest
she
was
declared
unclean
,
and
by
the
express
command
of
God
excluded
out
of
the
Camp
,
and
so
consequently
from
the
Tabernacle
and
Publick
Worship
seven
days
;
which
was
so
plain
a
Declaration
of
God's
Will
,
as
to
the
turning
out
open
Offenders
from
the
Congregation
,
that
we
may
justly
believe
Excommunication
took
its
rise
from
this
and
the
like
instances
[
(l)
](B20551-e12380-b)
(l)
Num.
xii
.
14.
LXX
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Ad
hoc
exemplum
instituti
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
à
Synagogâ
,
&
inter
Christianos
ab
Ecclesiâ
.
Grot.
in
loc.
.
And
we
may
note
,
That
while
Miriam
stayed
before
the
Tabernacle
,
the
Schecina
removed
,
to
shew
that
if
Offenders
were
not
excluded
,
his
Presence
should
not
stay
with
them
,
ver.
10.
And
further
we
may
observe
,
God
did
this
as
a
mark
of
publick
Disgrace
,
to
shame
her
into
Repentance
,
and
warn
others
;
whence
that
phrase
,
If
her
Father
had
spit
in
her
face
,
ver.
14.
Another
Example
of
this
kind
,
and
more
plain
,
we
have
in
King
Uzziah
,
who
would
in
the
pride
of
his
heart
Officiate
as
a
Priest
:
But
the
High
Priest
and
his
Brethren
interdicted
him
from
coming
into
the
Sanctuary
,
as
one
that
had
Apostatized
from
God's
Law
[
(m)
](B20551-e12480-b)
(m)
2
Paral.
xxvi
.
18.
LXX
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
;
and
he
not
valuing
the
Interdict
,
was
immediately
smitten
by
the
Lord
with
Leprosie
,
and
so
forced
to
go
hastily
out
of
the
Temple
,
and
he
remained
separated
from
all
Civil
Society
,
and
from
the
Publick
Worship
also
until
the
day
of
his
death
[
(n)
](B20551-e12500-b)
(n)
Ver.
21.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
:
For
the
Text
expresly
mentions
his
dwelling
in
a
several
house
,
and
his
being
cut
off
from
the
House
of
the
Lord
;
which
is
a
clear
sign
it
was
a
divinely
inflicted
Excommunication
,
and
it
was
most
fit
to
be
only
done
by
God's
hand
,
since
it
was
executed
on
a
King
.
To
this
I
might
add
the
like
Plague
inflicted
upon
Gehazi
for
the
Sin
of
Lying
,
by
Elisha
,
who
was
God's
special
Messenger
,
and
therefore
to
be
cast
out
of
his
Presence
,
signifies
an
exclusion
from
the
true
Worship
of
God
,
as
well
as
from
the
Society
of
Men
,
2
Kings
v.
27.
and
Chap.
vii
.
ver.
3.
The
Jewish
Doctors
also
affirm
,
That
David
was
smitten
with
Leprosie
for
his
great
Sin
,
and
that
he
was
thereby
uncapable
of
coming
into
the
Congregation
,
which
occasioned
that
Prayer
,
Cast
me
not
away
from
thy
presence
—
and
restore
me
to
the
joy
of
thy
Salvation
[
(o)
](B20551-e12610-b)
(o)
Psal.
li.
ver.
11
,
12.
Munster
.
.
And
thence
he
prays
to
be
purged
with
hyssop
[
(p)
](B20551-e12630-b)
(p)
Ver.
7.
see
Levit.
xiv
.
6.
.
And
that
this
is
not
a
meer
Rabbinical
fancy
,
may
appear
from
those
Complaints
in
the
other
Penitential
Psalm
,
where
he
says
,
He
was
weak
,
and
desired
God
to
heal
him
,
Psal.
vi
.
2.
and
speaks
of
God's
hand
lying
heavy
on
him
day
and
night
,
till
all
his
moisture
was
dried
up
,
Psal.
xxxii
.
4.
Yea
expresly
,
Psal.
xxxviii
.
he
declares
there
was
no
soundness
in
his
flesh
,
ver.
3.
and
that
his
wounds
stank
,
and
were
corrupt
,
ver.
5.
so
that
his
lovers
and
friends
stood
aloof
from
his
sore
,
and
his
kinsmen
would
not
come
near
him
,
ver.
11.
And
that
he
was
excluded
from
the
Publick
Worship
also
,
seems
plain
from
Psal.
xlii
.
ver.
2
,
4.
&c.
Again
,
This
may
be
further
confirmed
from
that
general
Notion
among
the
Jews
,
That
all
Sickness
and
Diseases
were
laid
on
Men
by
God
for
some
notorious
Sin
,
which
is
plain
from
the
Disciples
asking
,
Who
had
sinned
,
the
blind
Man
or
his
Parents
,
Jolin
ix
.
2.
and
from
our
Saviour's
reckoning
it
was
all
one
for
him
,
to
bid
the
Paralytick
take
up
his
Bed
and
walk
,
and
to
say
to
him
his
Sins
were
forgiven
him
,
Matth.
ix
.
4.
because
the
Disease
being
inflicted
for
some
Crime
,
the
remitting
the
Crime
was
also
a
removal
of
the
Punishment
;
and
Jesus
by
these
miraculous
Cures
on
Mens
Bodies
,
evidently
proved
to
the
Jews
(
who
were
all
of
this
Opinion
)
that
he
had
power
to
forgive
Sins
,
and
consequently
was
the
Messiah
.
Now
if
the
Original
of
this
Opinion
of
theirs
be
enquired
into
,
we
may
conclude
it
came
first
from
God's
threatning
Diseases
to
those
who
transgressed
his
Law
,
Deuter.
xxviii
.
27
,
28
,
35
,
&c.
and
secondly
from
the
frequent
Examples
they
had
seen
,
of
the
miraculous
smiting
of
evil
Men
with
sudden
and
sad
Distempers
,
in
the
very
act
of
their
Sin
.
Now
while
this
extraordinary
way
of
punishing
and
disgracing
Sinners
(
suitable
to
the
hardness
of
this
Peoples
hearts
)
was
made
use
of
by
God
,
there
was
not
so
much
need
nor
occasion
for
the
Priests
to
excommunicate
Men
for
Immoralities
,
since
God
took
the
matter
into
his
own
hands
:
and
no
doubt
these
apparent
Judgments
were
so
terrible
,
that
such
as
had
done
any
grievous
Sin
durst
not
come
to
God's
House
till
he
was
attoned
.
And
it
may
be
noted
,
That
in
the
infancy
of
the
Christian
Church
the
Lord
proceeded
the
same
way
with
the
Corinthians
who
profaned
the
Holy
Communion
,
striking
many
of
them
with
sickness
and
weakness
,
and
some
with
death
,
1
Cor.
xi
.
30.
to
warn
the
rest
,
and
to
provide
for
the
keeping
his
Sacred
Ordinances
from
prophanation
,
in
a
Church
where
,
as
S.
Chrysostom
notes
,
by
reason
of
the
Schism
,
there
was
no
exercise
of
Discipline
at
that
time
:
Now
these
Methods
sufficiently
shewed
it
was
the
will
of
God
that
notorious
Sinners
should
be
excluded
;
they
did
the
work
,
and
served
to
the
ends
of
Excommunication
;
they
bound
up
the
Parties
,
so
that
they
wanted
,
if
not
commerce
with
men
,
yet
however
converse
with
God
;
for
they
could
not
go
to
the
Temple
till
both
the
Sin
was
pardoned
and
the
Sickness
removed
together
:
And
that
restauration
was
their
Absolution
[
(q)
](B20551-e12830-b)
(q)
Isa.
xxxviii
.
ver.
22.
,
and
also
a
warning
not
to
offend
again
[
(r)
](B20551-e12840-b)
(r)
John
.
v.
14.
.
These
Methods
therefore
of
miraculous
smiting
Sinners
,
might
well
occasion
the
seldom
use
of
any
Excommunication
for
Immoralities
,
which
is
the
first
Answer
to
that
Query
,
Why
there
are
so
few
Instances
of
that
Discipline
under
the
Law
of
Moses
,
exercised
by
the
Priests
upon
scandalous
Offenders
.
A
second
Reason
may
be
taken
from
the
Jewish
form
of
Government
,
which
was
a
Theocracy
;
God
himself
was
their
Supream
Ruler
and
Law-giver
,
and
they
had
not
two
Laws
,
one
Sacred
and
the
other
Civil
;
nor
two
Tribunals
,
as
there
are
in
other
Nations
:
The
Priests
there
had
the
chief
Authority
in
the
Sanhedrim
,
and
in
all
other
Councils
,
and
the
power
of
Temporal
Punishments
,
2
Chron.
xix
.
8.
The
High-Priest
was
the
first
Person
in
the
Sanhedrim
,
ibid.
ver
.
11.
And
the
determining
of
all
Controversies
,
and
punishing
all
Offences
was
principally
in
them
[
(s)
](B20551-e12890-b)
(s)
Deut.
xvii
.
9
,
12.
;
so
that
the
King
himself
was
to
advise
with
the
Priest
in
all
matters
[
(t)
](B20551-e12900-b)
(t)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Joseph
.
in
App.
lib.
2.
Vide
Phil.
de
vita
Mosis
.
Joseph
.
Antiq.
lib.
4.
cap.
8.
;
and
it
was
Capital
to
any
of
the
People
to
disobey
their
order
.
Now
while
the
Priests
had
this
power
,
and
the
Nation
was
governed
by
God's
Law
,
and
its
own
Magistrates
of
Divine
appointment
;
all
Moral
Evils
and
Impieties
were
(
if
small
)
expiated
by
chargeable
Sacrifices
,
and
so
the
Offender
was
reconciled
by
the
Priest
to
God
and
the
Congregation
:
But
if
the
Crimes
were
great
,
or
done
presumptuously
,
Deut.
xvii
.
12.
they
were
to
be
punished
with
death
,
as
in
the
case
of
Murther
,
Exod.
xxi
.
14.
abusing
their
Parents
,
and
Men-stealing
,
ver.
15
,
16
,
17.
Witchcraft
and
unlawful
Lust
,
Exod.
xxii
.
18
,
19.
Idolatry
,
ver.
20.
The
sin
of
Fornication
in
a
Woman
before
Marriage
,
and
of
Adultery
in
both
Men
and
Women
,
and
the
sin
of
a
Rape
committed
on
a
betroathed
Woman
,
Deut.
xxii
.
21
,
22
,
23
,
&c.
These
,
and
many
other
Crimes
,
were
in
that
Law
punished
with
death
by
the
Sentence
of
the
Priest
,
and
so
there
was
no
need
of
any
solemn
Excommunication
,
as
Mr.
Selden
himself
confesseth
,
even
there
where
he
is
magnifying
this
Objection
of
the
want
of
Instances
in
the
Old
Testament
for
the
exercise
of
Excommunication
[
(u)
](B20551-e13000-b)
(u)
Neque
necessarium
eis
visum
est
,
ut
adhiberetur
excommunicatio
quamdiu
sui
erant
juris
.
Seld.
de
Synedriis
lib.
1.
c.
7.
p.
77.
.
This
stiff-necked
and
rebellious
People
were
not
to
be
reformed
by
so
gentle
a
Method
as
Separation
from
the
Assemblies
,
or
the
disgrace
of
Ecclesiastical
Censure
,
Duro
nodo
,
durus
cuneus
:
Almighty
God
therefore
was
forced
to
use
a
harder
wedge
to
so
knotty
a
piece
,
and
to
invest
his
Priests
with
a
power
to
cut
them
off
with
the
material
Sword
,
which
under
the
Spiritual
Oeconomy
and
Paternal
Regiment
of
the
Gospel
,
is
now
(
as
S.
Augustine
observes
)
changed
into
Reproofs
and
Excommunication
[
(w)
](B20551-e13040-b)
(w)
Hoc
nunc
agit
in
Ecclesiâ
excommunicatio
,
quod
agebat
tunc
interfectio
.
Aug.
Quaest.
in
Deut.
lib.
5.
c.
38.
Phinees
Sacerdos
adulteros
simul
inventos
ferre
ultore
transfixit
,
quod
utique
degradationibus
&
excommunicationibus
significatum
est
esse
faciendum
hoc
tempore
.
Idem
de
Fid.
&
Oper.
cap.
6.
,
as
more
suitable
to
the
Gospel
Spirit
,
Luke
ix
.
55.
and
to
the
gracious
design
of
making
Men
virtuous
out
of
love
to
God
,
and
not
(
as
under
the
Law
)
meerly
for
fear
of
bodily
punishment
,
which
was
inflicted
without
mercy
on
those
who
by
two
or
three
Witnesses
were
proved
to
have
despised
Moses's
Law
,
Hebr.
x.
28.
Yet
as
the
Apostle
there
notes
,
those
who
despise
this
gentle
Method
shall
have
a
sorer
punishment
,
even
a
dreadful
Judgment
executed
on
them
by
God
at
last
,
ver.
27
,
29
,
30
,
&c.
Wherefore
there
being
so
apparent
difference
between
the
state
of
things
under
the
Law
,
and
under
the
Gospel
,
it
is
not
to
be
wondred
at
,
if
those
Priests
who
had
so
much
Secular
Authority
,
did
not
so
often
exercise
this
power
of
Excommunication
,
as
the
Gospel
Priests
do
,
who
have
nothing
to
do
with
Corporal
Punishments
:
And
yet
still
it
is
clear
there
was
a
Method
then
to
separate
the
notorious
Criminals
from
the
Congregation
,
and
that
by
God's
own
appointment
;
yea
,
there
was
somthing
like
Excommunication
in
these
Legal
capital
Punishments
:
For
it
seems
the
Cherem
or
Curse
of
God
was
supposed
to
be
upon
that
Man
who
thus
suffered
,
as
Moses
shews
,
saying
,
He
that
is
hanged
is
accursed
of
God
,
Deut.
xxi
.
22.
and
thus
Christ
is
said
to
be
made
a
Curse
for
us
,
Gal.
iii.
13.
And
the
impious
Canaanites
,
who
were
destroyed
by
Joshua
,
were
thus
accursed
:
yea
the
very
Phrase
for
killing
those
who
had
deserved
Death
for
their
Treachery
in
the
Book
of
Maccabees
,
is
Anathematizing
,
or
Cursing
them
[
(x)
](B20551-e13210-b)
(x)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
1
Maccab.
v.
5.
.
So
Jezabel
being
executed
,
is
called
A
cursed
Woman
[
(y)
](B20551-e13250-b)
(y)
2
Kings
ix
.
34.
.
And
when
Saul
had
pronounced
this
Cherem
upon
all
that
eat
that
day
,
Jonathan
falling
under
that
Curse
,
must
have
dyed
if
the
People
had
not
rescued
him
[
(z)
](B20551-e13290-b)
(z)
1
Sam.
xiv
.
45.
.
Which
makes
it
not
unlikely
,
that
before
the
Malefactor
was
put
to
death
,
some
Curse
was
solemnly
denounced
on
him
,
by
which
he
was
cut
off
from
the
Priviledges
of
God's
People
.
If
it
be
objected
to
this
,
That
we
Christians
have
Civil
Magistrates
who
do
thus
punish
Malefactors
with
Death
,
and
so
we
need
not
Ecclesiastical
Censures
now
,
any
more
than
the
Jews
did
:
I
shall
reply
with
the
most
Judicious
and
Learned
Grotius
,
whose
words
are
,
This
Argument
taken
from
the
Jews
,
is
of
no
force
:
For
their
Law
for
Penalties
was
wholly
accommodated
to
a
Carnal
People
,
and
all
were
equally
obliged
by
it
,
so
that
the
Commonwealth
and
Church
there
,
was
all
one
:
But
the
Laws
of
Christ
do
require
more
,
than
either
is
or
can
be
required
of
the
Subjects
of
any
worldly
Empire
.
The
most
men
mind
evil
things
,
and
the
Civil
Laws
do
their
Office
if
they
restrain
great
Crimes
,
and
such
as
most
hurt
the
Publick
State
:
But
things
done
against
the
Laws
of
Charity
,
Meekness
,
and
Patience
,
which
are
not
within
the
Civil
Laws
,
are
within
the
Rules
of
the
Gospel
,
by
which
his
Church
,
chosen
out
of
the
World
,
ought
to
judge
:
Wherefore
Constantine
and
the
following
Emperors
,
did
rightly
leave
the
Church
its
proper
Judicatory
,
and
confirmed
it
by
their
Laws
[
(a)
](B20551-e13330-b)
(a)
Grot.
in
Luc.
vi
.
22.
.
Which
apposite
place
I
could
not
but
transcribe
at
large
,
to
shew
the
weakness
of
those
,
who
(
not
considering
the
different
circumstances
of
the
Jews
)
do
impose
their
Methods
upon
the
Christian
Church
.
And
this
may
shew
how
necessary
it
is
,
that
there
should
always
be
in
the
Church
some
way
and
means
to
exclude
scandalous
Offenders
;
and
if
there
be
divers
Methods
under
different
Dispensations
,
that
doth
not
take
off
from
the
usefulness
,
or
from
the
necessity
of
the
present
way
of
proceeding
,
which
is
as
agreeable
to
the
ends
and
designs
of
the
Gospel
,
as
the
other
was
to
those
of
the
Law
:
yea
,
this
variety
shews
it
must
always
be
done
in
some
way
or
other
,
and
makes
it
manifest
that
the
Church
cannot
subsist
without
it
.
I
have
been
the
larger
in
these
Reasons
,
because
the
Learned
Selden
,
and
many
of
his
far
loss
Learned
Followers
,
triumph
extreamly
in
this
difference
,
between
the
proceeding
of
the
Ancient
Jews
and
the
Modern
Christians
,
and
use
this
variety
,
as
an
Artifice
to
perswade
the
World
that
our
Censures
are
not
of
Divine
Institution
,
and
to
wrest
all
Authority
out
of
the
Churches
hands
,
that
their
Schism
and
some
other
Crimes
(
which
no
other
Judicatory
with
us
doth
take
cognizance
of
)
may
go
wholly
unpunished
:
But
as
their
evil
design
makes
their
Argument
suspicious
,
so
I
hope
this
fair
account
will
shew
it
to
be
Fallacious
;
and
that
even
while
the
Jewish
Polity
stood
,
there
were
Evidences
enough
to
convince
any
unprejudiced
Man
,
that
it
was
always
God's
will
,
scandalous
Offenders
should
be
punished
by
those
who
had
the
ordering
of
Religion
.
But
thirdly
,
After
the
Jewish
Commonwealth
was
subverted
,
and
their
Government
altered
by
the
Babylonian
Captivity
,
and
afterwards
when
they
were
in
subjection
to
the
Romans
,
and
had
lost
the
power
of
the
Temporal
Sword
,
then
they
were
obliged
to
make
a
frequenter
use
of
Excommunication
,
and
came
nearer
to
the
Form
of
the
Christian
Church
,
as
we
shall
now
shew
.
There
was
(
saith
Grotius
)
a
greater
necessity
of
this
Rite
after
the
People
became
Captive
,
and
with
their
Liberty
lost
the
Power
of
Civil
Judicatures
;
for
Natural
Reason
compelled
them
to
have
recourse
unto
those
Methods
of
Coercion
,
which
they
could
use
without
usurping
on
the
Supream
Powers
[
(b)
](B20551-e13390-b)
(b)
Idem
in
Luc.
vi
.
22.
.
So
that
though
it
be
not
true
(
which
Mr.
Selden
affirms
)
that
there
were
no
Instances
of
this
Rite
(
for
we
have
shewed
in
Miriam
,
Uzziah
,
and
Benjamin
there
were
some
Examples
)
yet
there
were
indeed
far
more
Instances
afterwards
:
For
Ezra
the
Priest
,
on
the
Return
from
the
Captivity
,
doth
denounce
an
Excommunication
against
all
that
should
not
appear
within
three
days
to
put
away
the
strange
Wives
they
had
taken
,
That
he
who
did
not
come
up
to
Jerusalem
,
all
his
Goods
should
be
forfeited
(
which
seems
to
be
the
Civil
Sanction
)
and
himself
should
be
separated
from
the
Congregation
of
the
Captivity
(
which
was
the
Ecclesiastical
Censure
)
Ezra
10.8
.
where
we
see
the
Commonwealth
and
the
Church
agreed
in
this
matter
.
And
the
Interpreter
of
Josephus
,
in
this
Story
hath
kept
the
very
word
,
he
shall
be
Excommunicated
[
(c)
](B20551-e13520-b)
(c)
Ut
excommunicetur
,
bonaque
ejus
sacro
aerario
addicantur
.
Joseph
.
Ant.
l.
xi
.
c.
5.
ex
interp.
Gelen
.
pag.
29.
,
which
is
the
sense
of
the
Greek
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
he
shall
be
made
a
Stranger
;
that
is
,
cut
off
from
the
Communion
of
the
Church
,
and
be
treated
as
an
Heathen
,
according
to
our
Saviour's
description
of
the
Excommunicate
under
the
Gospel
,
whom
we
are
to
account
as
Heathens
or
Publicans
,
if
they
fall
under
the
Censures
of
the
Church
for
their
Contumacy
.
Nehemiah
also
,
who
was
the
chief
Ruler
of
the
returning
Jews
in
a
General
Assembly
,
wherein
there
were
many
of
the
Priests
,
did
make
the
Congregation
enter
into
a
Curse
and
an
Oath
to
walk
in
the
Law
of
God
;
that
is
,
saith
Mr.
Selden
;
They
denounced
an
Excommunication
against
the
breakers
thereof
,
Nehem.
x.
29.
Aben
Ezra
also
understands
that
Curse
pronounced
against
those
who
had
married
strange
Wives
,
Chap.
xiii
.
25.
and
the
Expulsion
of
the
High-Priests
Grand-child
,
ver.
28.
to
have
been
the
two
sorts
of
Excommunication
,
Cherem
and
Niddui
,
executed
by
Nehemiah
,
according
to
the
Decree
made
by
Ezra
,
Chap.
x.
8.
which
is
also
mentioned
in
the
Jerusalem
Targum
.
And
Rabbi
Benjamin
Ben
Moses
affirms
,
That
if
any
fall
into
great
Crimes
,
for
which
in
the
time
of
the
Captivity
no
judgment
could
be
executed
on
them
,
they
ought
to
repent
and
undertake
to
live
better
;
but
if
the
fear
of
God
will
not
ingage
them
to
do
this
,
we
put
them
under
an
Anathema
,
and
separate
them
from
our
Company
according
to
that
of
Ezra
x.
8.
[
(d)
](B20551-e13690-b)
(d)
Rab.
Benjamin
.
ap.
Seld.
de
Synedr
.
lib.
1.
c.
7.
.
And
Josephus
mentions
such
a
kind
of
Excommunication
against
the
Jews
of
Delos
[
(e)
](B20551-e13720-b)
(e)
Joseph
.
Antiq.
lib.
14.
cap.
17.
pag.
250.
in
the
time
of
Julius
Caesar
:
But
we
shall
not
need
collect
these
Examples
,
since
it
is
more
to
our
purpose
to
consider
how
the
Matter
stood
in
the
time
of
our
Saviour
Christ
,
while
the
Romans
had
Supream
power
over
them
:
We
read
that
the
Rulers
had
decreed
,
That
whosoever
should
confess
Christ
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
John
ix
.
22.
he
should
be
excommunicated
.
The
fear
of
which
punishment
kept
the
Parents
of
the
blind
Man
from
owning
their
Faith
in
Jesus
:
And
the
same
fear
restrained
divers
of
the
Sanhedrin
it self
from
Confessing
our
Lord
,
lest
they
should
be
cast
out
of
the
Synagogue
,
John
xii
.
42.
where
Vatablus
hath
in
the
Margin
,
Ne
excommunicarentur
;
and
our
old
English
Version
uses
the
word
Excommunicated
in
both
places
:
Which
Decree
was
actually
put
in
execution
,
and
the
Penalty
inflicted
upon
the
poor
blind
Man
whom
our
Saviour
had
restored
to
sight
,
John
ix
.
34.
They
cast
him
out
;
that
is
,
they
excommunicated
him
;
and
when
Jesus
heard
of
it
,
ver.
35.
He
receives
him
into
the
number
of
those
that
believed
in
him
,
declaring
to
him
that
he
was
the
Son
of
God
.
And
a
little
before
our
Saviour's
Passion
,
he
foretels
his
Disciples
that
the
Jews
would
Cast
them
out
of
their
Synagogues
,
John
xvi
.
2.
where
Vatablus
again
in
the
Margin
hath
Excommunicabunt
vos
,
they
will
excommunicate
you
:
of
which
he
had
also
warned
them
before
,
and
armed
them
against
the
fear
of
this
Censure
,
by
assuring
them
They
should
be
blessed
by
God
,
when
they
were
thus
ill
treated
by
Men
;
saying
,
Blessed
are
you
when
Men
shall
hate
you
,
and
when
they
shall
separate
you
from
their
Company
,
and
shall
reproach
you
,
and
cast
out
your
name
as
evil
for
the
Son
of
Mans
sake
,
Luke
vi
.
22.
Which
is
a
plain
description
of
Excommunication
:
For
this
Separation
is
plainly
Niddui
[
(f)
](B20551-e13920-b)
(f)
Niddui
,
est
remotio
ab
aliorum
congressu
tam
Sacro
quam
politico
&
domestico
ad
quatuor
passus
.
Instit.
ep.
Hebr.
pag.
55.
,
the
lesser
sort
of
Excommunication
,
by
which
they
excluded
the
Offenders
from
any
near
converse
with
them
,
either
in
Civil
or
Sacred
Actions
,
the
Person
thus
separated
being
not
to
come
within
four
Paces
of
any
other
Jew
,
either
in
any
Religious
or
Common
place
,
as
Buxtorfius
doth
inform
us
:
So
that
these
were
not
quite
excluded
from
the
Temple
,
but
only
made
to
come
in
at
a
Gate
peculiar
to
themselves
,
and
to
worship
at
a
distance
,
and
separated
from
the
rest
of
the
Jews
,
which
Gate
was
called
the
Gate
of
Mourners
(
said
to
be
built
by
Solomon
;
)
and
this
I
suppose
was
the
reason
why
the
Publican
(
who
may
well
be
thought
to
be
under
this
Sentence
of
Separation
)
is
said
to
worship
standing
afar
off
,
Luke
xviii
.
13.
But
the
whole
Rite
is
fully
described
by
R.
Juda
in
the
Book
of
Musar
;
When
Solomon
built
the
House
of
the
Sanctuary
,
he
built
two
Gates
,
one
for
the
Rejoycers
,
and
the
other
for
the
Mourners
and
the
Excommunicate
—
If
any
came
in
by
this
Gate
with
his
upper
lip
vailed
,
they
knew
he
was
a
Mourner
,
and
said
to
him
,
He
that
dwelleth
in
this
House
chear
and
comfort
thee
.
If
his
upper
lip
were
not
covered
,
they
knew
him
to
be
under
Niddui
,
and
said
unto
him
,
He
that
dwells
in
this
House
put
it
into
thy
heart
to
hear
the
words
of
thy
Brethren
,
that
they
may
receive
thee
[
(g)
](B20551-e14020-b)
(g)
R.
Juda
,
lib.
Musar
,
fol.
95.
col.
1.
.
Which
Custom
may
well
be
thought
very
ancient
,
if
we
observe
how
early
the
Primitive
Christians
placed
their
Penitents
in
this
manner
at
the
Church
door
,
and
how
they
there
begged
the
Prayers
of
the
Faithful
who
went
near
and
worshipped
.
But
to
return
to
the
place
of
S.
Luke
,
Dr.
Hammond
thinks
that
reproaching
them
,
and
casting
out
their
name
as
evil
,
is
a
description
of
Cherem
,
the
higher
kind
of
Excommunication
,
wherein
they
did
proclaim
the
Person
Accursed
,
and
devoted
him
to
suffer
the
highest
and
heaviest
Judgment
,
as
a
most
vile
and
desperately
wicked
Man
.
Which
severe
sort
of
proceeding
,
Grotius
thinks
was
not
used
towards
the
Christians
,
till
some
time
after
our
Saviour's
Resurrection
:
So
that
the
Learned
Selden
need
not
wonder
why
Christ
and
his
Apostles
did
appear
in
the
Jewish
Temple
and
Synagogues
,
since
he
supposes
them
excommunicated
:
For
first
we
have
no
Evidence
that
they
were
actually
under
this
Censure
,
while
mention
is
made
of
their
coming
to
the
Temple
,
nor
is
it
likely
they
would
have
lost
the
opportunity
of
doing
good
to
so
many
as
met
in
those
places
,
for
any
such
unjust
Sentence
,
if
it
had
been
executed
on
them
by
malicious
Men
,
since
they
had
an
express
Commission
from
Heaven
to
Convert
the
Jews
;
and
in
order
to
that
,
it
was
necessary
they
should
meet
in
the
Publick
Assemblies
;
yea
,
though
the
Jewish
Rulers
threatned
them
never
so
severely
,
it
is
plain
they
omitted
not
their
Duty
.
And
lastly
,
if
it
were
only
Niddui
,
or
the
Separation
which
was
inflicted
on
them
,
it
seems
they
might
come
to
the
Religious
Assemblies
notwithstanding
that
Sentence
:
though
Drusius
thinks
that
Niddui
only
excluded
from
the
Synagogue
,
and
not
from
the
Temple
and
its
Service
[
(h)
](B20551-e14130-b)
(h)
Drusij
Prae●erit
.
lib.
4.
in
Johan
.
ix
.
22.
.
But
in
this
Case
of
our
Saviour
and
his
Apostles
,
I
rather
think
that
the
Jewish
Rulers
were
not
content
with
so
gentle
a
Penalty
as
this
Separation
for
the
Leaders
of
this
new
Society
,
and
rather
fought
to
suppress
them
by
Imprisonment
,
Scourging
,
and
Death
it self
:
For
it
seems
evident
to
me
that
there
was
such
a
Punishment
then
in
use
as
Excluding
Men
from
Sacred
as
well
as
Civil
Commerce
,
signified
by
that
word
Casting
them
out
of
their
Synagogue
.
Which
though
Mr.
Selden
labours
to
expound
only
of
Exclusion
from
Civil
Commerce
,
meerly
designing
to
make
this
a
Penalty
belonging
to
the
Civil
Magistrate
;
yet
there
are
many
Evidences
that
it
must
be
expounded
of
interdicting
Men
from
Religious
Assemblies
also
:
For
the
prime
notion
of
a
Synagogue
is
a
place
set
apart
principally
for
Acts
of
Religion
;
and
because
there
was
but
One
Temple
in
all
Judaea
for
the
most
Solemn
Worship
,
to
which
all
the
Nation
did
resort
,
at
some
set
times
in
the
year
,
as
well
within
the
Borders
of
Canaan
as
without
;
it
was
very
necessary
for
those
in
the
remoter
parts
of
Canaan
,
and
especially
for
those
of
the
dispersion
to
have
some
places
appropriate
to
Religion
for
their
ordinary
Duties
at
less
Solemn
Times
:
Such
were
those
Schools
of
the
Prophets
in
the
Old
Testament
,
1
Sam.
x.
5.
and
Chap.
xix
.
23.
And
those
called
Synagogues
in
the
New
,
which
in
our
Saviour's
time
were
undoubtedly
Schools
for
Learning
the
Law
,
and
Houses
of
Prayer
or
Proseucha's
;
Hence
that
of
our
Saviour
,
who
notes
that
the
Pharisees
loved
to
stand
praying
in
the
Synagogues
,
Matth.
vi
.
5.
and
there
also
the
Law
was
expounded
,
as
is
clear
from
many
places
of
the
New
Testament
,
Matth.
iv
.
23.
Luke
iv
.
16.
Acts
xiii
.
15.
especially
every
Sabbath
Day
,
Acts
xv
.
21.
Wherefore
Philo
calls
these
Synagogues
The
Houses
of
Prayer
in
every
City
[
(i)
](B20551-e14290-b)
(i)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Philo
legat
.
ad
Cajum
,
and
saith
,
They
were
Schools
of
Wisdom
and
Fortitude
,
of
Modesty
and
Righteousness
,
of
Piety
,
of
Holiness
,
and
of
all
Vertue
.
Nor
is
any
thing
more
frequent
in
the
Talmud
,
and
those
that
expound
it
,
than
to
mention
Prayers
made
in
the
Synagogues
[
(k)
](B20551-e14330-b)
(k)
Glos
.
in
Baeb
.
Beracoth
.
fol.
2.
col.
1.
;
So
Maimonides
tells
us
,
Whereever
there
are
Ten
of
Israel
live
together
,
there
they
must
huild
a
House
of
Prayer
to
meet
in
at
the
hours
for
Prayer
,
and
this
House
is
called
a
Synagogue
[
(l)
](B20551-e14370-b)
(l)
Maimon
.
Tephil
.
cap.
ii
.
.
And
he
saith
it
is
forbidden
for
Men
to
pass
by
a
Synagogue
at
the
hours
of
Prayer
[
(m)
](B20551-e14390-b)
(m)
Idem
ibid.
cap.
6.
.
And
again
,
Let
every
man
go
Morning
and
Evening
to
the
Synagogue
,
and
if
any
Man
who
hath
a
Synagogue
in
his
City
,
prays
not
in
it
with
the
Congregation
,
he
is
an
evil
Neighbour
[
(n)
](B20551-e14410-b)
(n)
Maim
.
Tephil
.
cap.
8.
Et
Baeb
.
Berac
.
fol.
8.
.
And
about
our
Saviour's
time
we
are
told
there
were
480
in
Jerusalem
;
yea
unto
this
day
the
Jews
have
Synagogues
for
Prayer
and
Religious
Worship
in
all
Cities
where
they
are
tolerated
;
for
of
these
Buxtorf
saith
,
They
have
Synagogues
or
Schools
;
so
they
call
their
Churches
[
(o)
](B20551-e14450-b)
(o)
Synagogas
aut
Scholas
(
ita
nimirum
vocant
Templa
ipsorum
)
habent
.
Buxt.
Synag
.
c.
5.
where
they
always
meet
(
saith
he
)
at
the
appointed
hours
of
Prayer
,
and
there
they
perform
their
Prayers
according
to
the
directions
of
their
Books
[
(p)
](B20551-e14490-b)
(p)
Idem
ibid.
.
Which
constant
use
of
the
Jews
in
calling
the
Places
for
their
Religious
Assemblies
Synagogues
,
gave
occasion
to
Christians
also
to
call
their
Churches
by
the
very
same
name
;
so
S.
James
speaks
of
one
coming
into
the
Christian
Synagogue
[
(q)
](B20551-e14520-b)
(q)
James
ii
.
2.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Theoph.
adv.
Nat.
lib.
2.
;
and
some
of
the
Ancients
say
the
Holy
Churches
are
called
Synagogues
.
All
which
sufficiently
proves
that
the
main
end
of
Synagogues
was
for
Prayer
and
other
Religious
Meetings
:
yet
we
confess
that
when
once
the
Nation
was
brought
under
the
Romans
,
so
that
the
Jews
had
no
Prince
of
their
own
,
nor
no
great
Coercive
Power
:
Then
,
and
not
before
,
it
appears
they
had
a
Session
of
three
eminent
Men
in
every
Synagogue
,
to
hear
and
determine
such
Causes
as
were
left
to
them
,
and
were
not
sit
to
be
complained
of
to
the
Roman
Governour
,
and
because
for
more
privacy
they
sometimes
executed
the
Sentence
as
far
as
Scourging
the
Malefactor
in
their
Synagogues
,
Matth.
x.
17.
Therefore
some
Learned
Men
have
fancied
the
Synagogues
to
be
places
for
administring
Civil
Justice
:
And
hence
Mr.
Selden
would
infer
the
Civil
Magistrates
Power
in
Excommunication
,
and
that
this
holy
Interdict
it self
was
chiefly
,
yea
only
a
Civil
Punishment
,
and
a
denying
to
keep
them
Company
in
the
Affairs
of
common
Life
;
but
all
unprejudiced
Men
must
grant
,
That
Excommunication
or
Turning
out
of
the
Synagogue
,
necessarily
implied
a
Separation
from
all
Acts
done
in
the
Synagogue
,
that
is
,
First
and
chiefly
from
Prayers
and
Sermons
;
and
Secondly
from
the
benefit
of
these
private
Tribunals
;
and
Lastly
from
their
Civil
Conversation
also
:
Nor
can
it
be
improbable
that
they
must
both
go
together
;
for
if
a
Man
be
so
wicked
as
to
be
judged
unworthy
to
talk
or
eat
with
his
Brethren
,
he
is
much
more
unworthy
to
pray
with
them
;
and
he
who
might
not
come
into
the
Synagogue
when
a
Court
was
kept
there
,
ought
much
more
to
be
excluded
when
Religious
Offices
were
performing
.
And
that
Offenders
were
then
excluded
from
Religious
Assemblies
,
may
be
sufficiently
proved
from
the
best
Authors
;
Josephus
affirms
,
That
if
any
of
the
Priests
did
offend
,
he
was
interdicted
from
coming
to
the
Altar
,
and
from
medling
with
any
Holy
Office
,
In
Ap.
lib.
1.
pag.
632.
and
he
saith
,
The
Essenes
did
not
Sacrifice
in
the
Temple
,
because
they
had
some
Rites
of
their
own
which
they
counted
more
holy
;
for
which
Cause
being
excluded
from
the
Publick
Temple
,
they
sacrificed
in
private
by
themselves
[
(s)
](B20551-e14630-b)
(s)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Antiq.
l
18.
c.
2.
.
Yea
,
the
Custom
of
these
Essenes
among
those
of
their
own
Sect
,
shews
that
the
Excommunication
then
in
use
among
them
,
was
an
Exclusion
from
both
Religious
and
Civil
Commerce
;
For
if
any
of
them
were
taken
in
any
great
Fault
,
they
cast
him
out
of
their
Society
[
(t)
](B20551-e14670-b)
(t)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Jos.
Bell.
Jud.
lib.
2.
cap.
7.
;
and
none
of
them
would
ever
come
near
him
after
this
Censure
,
under
which
he
commonly
dyed
miserably
.
Athanasius
also
relates
how
the
chief
Priests
and
Elders
at
Berytus
did
excommunicate
that
Jew
,
and
cast
him
out
of
their
Synagogue
,
with
whom
an
Image
of
our
Saviour
was
found
[
(u)
](B20551-e14710-b)
(u)
Athanas
.
Tom.
2.
p.
628.
.
And
not
to
search
for
more
Examples
,
the
usage
of
the
Modern
Jews
derived
from
their
Fathers
,
doth
abundantly
prove
that
Excommunication
was
a
deprivation
of
Communion
in
Sacred
Offices
;
For
when
any
is
disobedient
,
They
curse
him
,
and
declare
him
openly
to
be
excommunicated
,
and
in
this
Case
it
is
not
lawful
for
any
to
speak
to
him
,
or
to
come
within
four
yards
of
him
,
neither
may
he
come
into
the
Synagogue
or
School
,
but
he
is
to
sit
upon
the
Ground
with
his
shoes
off
,
as
if
he
mourned
for
some
of
his
dead
Kindred
;
and
this
he
must
do
till
he
be
absolved
by
the
Rabbins
,
and
shall
have
received
their
Benediction
.
And
if
it
be
the
solemn
and
grand
Excommunication
,
then
do
all
the
People
repair
to
the
School
,
lighting
black
Torches
and
sounding
Horns
,
they
Curse
him
that
shall
do
,
or
hath
done
such
a
thing
:
and
all
the
Children
and
the
People
answer
Amen
;
Leo
Moden
.
History
of
the
present
Jews
,
Chap.
3.
pag.
70.
Which
last
Passage
minds
me
of
the
second
degree
of
Excommunication
,
called
Cherem
,
which
was
not
only
a
separating
the
Person
from
Religious
and
Civil
Commerce
,
but
declaring
him
Accursed
;
yea
,
they
did
actually
Curse
him
,
and
wish
dreadful
Evils
might
befall
him
:
Which
kind
of
Anathema
the
Jews
in
their
Synagogues
uttered
against
Christ
and
all
Christians
,
as
Justin
Martyr
at
large
relates
in
divers
places
[
(w)
](B20551-e14790-b)
(w)
Just.
Mart.
Dial.
cum
Tryph.
p.
323
,
335
,
&
363.
;
yea
,
Epiphanius
saith
that
the
Jews
in
their
Synagogue
,
twice
a
Day
,
at
Noon
and
at
Evening
,
did
Curse
and
Anathematize
the
Christians
,
saying
,
O
God
,
Curse
these
Nazarites
[
(x)
](B20551-e14820-b)
(x)
Epiphan.
Panar
.
Sect.
29.
p.
55.
S.
Hierom
saith
they
did
it
thrice
a
day
.
Com.
in
Isai
.
v.
18.
.
And
the
like
Anathema's
they
pronounced
against
all
those
who
read
their
Law
in
the
Greek
Tongue
,
till
Justinian
did
forbid
this
by
a
particular
Constitution
yet
extant
in
the
Books
of
the
Civil
Law
[
(y)
](B20551-e14870-b)
(y)
Justin
.
Auth.
Collat.
ix
.
Tit.
29.
Nov.
146
pag.
202.
.
To
this
may
be
added
a
third
sort
of
Excommunication
sometimes
used
among
the
Jews
,
called
Schammatha
,
which
was
a
solemn
delivering
a
desperate
and
incurable
Criminal
to
the
Divine
Vengeance
,
which
sometimes
did
terribly
seize
on
the
accursed
Person
;
and
of
this
the
name
it self
gives
us
intimation
,
which
some
expound
Ibi
Mors
,
There
is
Death
:
Others
,
The
Name
cometh
,
that
is
,
God
cometh
;
Jehovah
(
whose
Name
is
not
to
be
pronounced
,
especially
in
a
Form
of
Cursing
)
cometh
to
take
vengeance
,
which
S.
Paul
gives
us
in
the
Syriac
form
,
Maran-atha
,
1
Cor.
xvi
.
22.
For
Maran
signifies
a
Lord
in
that
Language
,
and
thence
they
call
our
Saviour
Marani
,
from
which
Appellation
the
Syrian
Christians
are
yet
called
Maronites
.
And
some
think
S.
Paul
alludes
to
this
,
where
he
speaks
of
wilful
Apostates
,
and
saith
,
nothing
remains
for
them
but
a
certain
fearful
looking
for
of
Judgment
,
Hebr.
x.
27.
Yea
some
Learned
Men
suppose
that
Enoch
did
thus
excommunicate
the
wicked
Wretches
of
his
Generation
,
when
he
could
not
convert
them
by
his
Preaching
;
for
his
Prophecy
begins
with
Maran-atha
[
(z)
](B20551-e15040-b)
(z)
Jude
ver.
14.
vide
Bertram
de
R.
P.
Juda.
cap.
2.
&
Molinaei
,
Vates
.
.
From
all
that
hath
been
said
,
we
may
now
conclude
,
That
from
the
Divine
Precedents
,
and
from
the
most
early
Examples
,
the
Jews
did
exercise
this
Power
of
Excommunication
,
as
a
Spiritual
Punishment
upon
scandalous
Offenders
;
the
Power
residing
commonly
in
the
Sacerdotal
Colledge
of
old
,
and
of
later
times
in
the
Rabbi
,
who
is
the
Master
of
the
Synagogue
,
and
that
such
as
were
under
this
Censure
were
believed
to
be
out
of
the
Divine
Favour
,
and
unworthy
of
Human
Conversation
,
till
they
were
restored
by
those
who
had
sentenced
them
.
And
the
general
dread
the
Jews
had
of
this
Censure
,
together
with
their
Aversation
to
those
who
were
under
it
,
plainly
declares
they
did
believe
it
was
of
Divine
Original
,
and
was
of
great
Efficacy
:
Which
being
the
general
Notion
of
the
Jewish
Nation
in
our
Saviour's
time
,
this
Opinion
did
make
way
for
the
receiving
of
this
Institution
,
as
Christ
was
to
set
it
up
in
the
Christian
Church
,
of
which
we
are
next
to
treat
.
§
.
IV.
The
third
ground
of
Excommunication
,
and
to
us
the
principal
,
is
,
Our
blessed
Saviour's
positive
Institution
of
it
;
for
which
we
have
divers
clear
places
of
Holy
Scripture
:
And
yet
the
Learned
Grotius
thinks
,
if
there
were
no
express
Precept
for
it
,
it
must
be
supposed
,
since
when
the
Society
of
the
Church
is
once
constituted
by
Christ
,
all
those
things
must
be
supposed
to
be
commanded
,
without
which
that
Society
cannot
preserve
it self
pure
[
(a)
](B20551-e15100-b)
(a)
Grot.
in
Luc.
vi
.
22.
p.
379.
.
But
we
need
not
fly
to
that
refuge
,
for
none
can
deny
but
that
our
Lord
appointed
his
Apostles
to
call
and
convert
a
Society
out
of
the
World
,
and
that
he
made
them
the
Governours
of
this
Society
,
giving
them
Rules
to
govern
it
by
,
and
promising
to
be
with
them
and
their
Successors
to
the
end
of
the
World
,
Matth.
xxviii
.
20.
And
since
he
conferred
this
Office
on
them
,
we
must
enquire
what
Power
he
communicated
to
them
to
enable
them
to
perform
it
.
First
therefore
,
When
Peter
had
in
the
name
of
all
the
Apostles
confessed
Christ
to
be
the
Son
of
God
,
Matth.
xvi
.
15
,
16.
our
Lord
declares
that
he
had
made
good
his
Name
of
Peter
(
signifying
a
Rock
)
in
laying
this
sure
Foundation
,
and
assures
him
he
would
build
his
Church
upon
this
Rock
,
that
is
,
this
Confession
of
Faith
in
Christ
the
Rock
of
Ages
[
(b)
](B20551-e15160-b)
(b)
Super
hanc
Petram
firmae
fidei
.
Epiphan.
haer.
Cathar
.
p.
224.
Super
hanc
Confessionis
Petram
.
Hilarius
.
vid.
Aug.
Retract
.
lib.
1.
cap.
21.
&
Isidor
.
Peleus
.
l.
1.
ep.
235.
.
So
that
it
should
stand
for
ever
in
despite
of
all
the
opposition
Hell
could
make
against
it
,
ver.
18.
And
since
so
well-grounded
and
durable
a
House
ought
to
have
some
to
Rule
it
,
our
Lord
shews
in
the
next
verse
who
shall
have
the
Government
of
it
,
saying
,
And
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
,
ver.
19.
Here
the
Metaphor
is
continued
,
and
the
Church
being
compared
to
a
House
(
its
usual
emblem
,
1
Tim.
iii.
15.
Ephes.
ii
.
20.
)
the
power
of
ruling
this
House
is
set
forth
by
giving
the
Keys
,
which
are
given
to
those
who
are
chief
Stewards
and
Managers
of
the
Family
:
So
when
God
would
express
his
committing
the
Government
of
the
House
of
David
to
Eltakim
,
he
saith
,
And
the
Key
of
the
House
of
David
will
I
lay
upon
his
shoulder
,
Isai
.
xxii
.
21
,
22.
And
our
Lord
's
having
the
Keys
of
Death
and
Hell
,
Revel.
i.
18.
is
to
manifest
his
Power
to
Condemn
thither
,
or
to
Save
from
thence
:
And
these
Keys
here
granted
,
are
called
The
Keys
of
the
Kingdom
of
Heaven
,
as
well
because
the
Church
and
Kingdom
of
Grace
on
Earth
is
called
by
that
Name
,
Matth.
iii.
2.
as
because
the
Church
is
the
Gate
to
the
Kingdom
of
Glory
;
and
we
cannot
regularly
come
into
the
Kingdom
of
Heaven
above
,
but
by
and
through
this
Gate
of
the
Church
on
Earth
,
and
so
by
Consequence
the
Power
of
the
Keys
of
the
Church
contain
in
them
the
right
to
admit
Men
into
this
houshold
of
God
by
Baptism
,
and
so
making
them
Heirs
of
the
Kingdom
of
Heaven
,
and
to
exclude
men
out
of
this
houshold
by
Excommunication
for
notorious
and
scandalous
Offences
,
and
consequently
to
deprive
them
of
the
Priviledges
which
belonged
to
them
while
they
were
regular
Members
of
God's
Family
.
And
as
a
Prince
,
when
he
makes
a
Deputy
or
Vice-Roy
,
usually
declares
in
his
Commission
,
That
what
he
doth
in
such
a
Province
in
his
Name
,
and
by
his
Power
,
the
Prince
will
ratifie
and
confirm
:
So
our
Saviour
here
tells
Peter
,
and
in
him
the
rest
of
the
Apostles
,
that
whatever
he
binds
or
looses
on
Earth
shall
be
bound
or
loosed
in
Heaven
;
meaning
,
that
he
will
hold
their
Judicial
Acts
for
good
and
valid
,
so
long
as
they
keep
to
the
Laws
and
Rules
which
he
hath
left
them
to
govern
by
:
And
if
any
think
the
change
of
the
Metaphor
(
from
Keys
which
are
to
open
and
shut
,
to
binding
and
loosing
)
be
somewhat
harsh
,
the
Exposition
of
S.
Chrysostom
doth
well
reconcile
that
difference
;
for
he
supposes
the
Power
of
a
Vice-Roy
to
be
here
signified
[
(c)
](B20551-e15340-b)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Chrysost.
in
loc.
;
and
as
he
can
Lock
up
Men
in
Prison
,
or
Release
them
according
as
they
deserve
,
and
hath
the
Power
of
the
Keys
committed
to
him
,
to
separate
the
Innocent
from
the
mischievous
:
So
Christ
here
gives
his
Apostles
like
Authority
in
order
to
the
well
governing
of
his
Church
;
only
this
is
no
Temporal
Coercive
Power
,
as
many
other
Texts
of
the
New
Testament
do
declare
,
but
a
Spiritual
Power
suitable
to
the
nature
and
ends
of
this
Sacred
Society
.
This
being
therefore
the
plain
and
natural
Sense
of
the
place
,
it
is
clear
that
our
Lord
did
here
give
his
Apostles
a
Commission
,
as
well
to
exclude
notorious
Criminals
out
of
his
Church
by
Excommunication
,
as
to
readmit
them
upon
their
Repentance
,
promising
to
confirm
their
Acts
so
long
as
they
judged
by
his
Rules
;
and
this
may
well
be
reckoned
a
proof
that
Excommunication
is
of
Divine
Institution
.
I
confess
this
Text
hath
been
strained
too
high
by
the
Romanists
,
who
though
they
cannot
easily
prove
themselves
Peter's
Successors
,
yet
would
gladly
ground
their
unjust
claim
to
a
Universal
Monarchy
over
the
whole
Church
upon
this
weak
pretence
,
That
Peter
himself
is
the
Rock
on
which
Christ
was
to
build
his
Church
,
and
that
this
Priviledge
of
the
Keys
is
granted
only
to
him
and
his
Successors
at
Rome
;
which
others
have
largely
and
learnedly
confuted
.
And
I
need
only
say
,
That
some
of
their
own
Communion
,
a
few
Ages
since
,
did
confess
This
Power
was
given
not
to
Peter
only
,
but
to
all
the
Apostles
,
yea
to
all
the
Clergy
and
the
whole
Church
[
(d)
](B20551-e15410-b)
(d)
Haec
autem
ligandi
&
solvendi
potestas
quamvis
soli
Petro
data
videatur
,
à
Domino
tamen
&
caeteris
Apostolis
datur
,
necnon
etiam
in
Episcopis
&
Presbyteris
toti
Ecclesiae
.
Raban
.
Maurus
.
.
And
our
Saviour
himself
(
to
anticipate
this
unjust
Claim
)
doth
afterwards
twice
grant
the
same
Power
to
all
the
Apostles
,
which
here
he
seems
only
to
give
to
S.
Peter
,
Matth.
xviii
.
18.
John
xx
.
21
,
22.
Yet
this
false
Gloss
of
the
Romanists
,
with
the
wild
and
extravagant
Inferences
deduced
from
thence
,
hath
put
some
Learned
Protestants
into
the
other
extream
,
that
is
,
into
denying
there
is
any
Power
granted
to
the
Apostles
here
more
than
the
Power
of
a
Doctor
or
Teacher
;
and
they
will
have
the
Key
to
be
only
the
Key
of
Knowledge
,
Luke
xi
.
52.
and
out
of
the
Talmud
they
go
about
to
prove
that
binding
and
loosing
signify
nothing
else
but
determining
what
things
are
lawful
,
and
these
are
said
to
be
loosed
;
and
what
things
are
unlawful
,
which
are
said
to
be
bound
[
(e)
](B20551-e15510-b)
(e)
Gamero
in
loc
item
Lightfoot
horae
Hebr.
in
Matth.
.
But
we
must
not
let
the
Sense
of
the
Fathers
,
and
the
Power
of
the
Keys
to
be
at
once
wrested
out
of
our
hands
by
this
Novel
fancy
:
For
first
,
the
place
cannot
bear
this
Sense
,
since
it
is
ridiculous
to
affirm
that
Christ
gave
his
Apostles
such
a
Power
,
That
whatever
they
declared
or
taught
to
be
unlawful
on
Earth
,
should
be
unlawful
in
Heaven
,
and
whatever
they
taught
was
lawful
,
God
would
make
that
lawful
;
this
were
to
give
them
a
power
which
God
himself
never
did
assume
,
viz.
to
change
the
eternal
and
unalterable
Rules
of
Good
and
Evil
:
And
besides
,
in
the
parallel
place
where
these
words
are
repeated
by
Christ
,
Matth.
xviii
.
18.
they
are
applyed
to
Offenders
refusing
to
Repent
upon
the
Churches
admonition
;
which
obstinate
sinners
are
to
be
avoided
as
Heathens
and
Publicans
by
private
Christians
;
and
if
they
value
not
this
,
as
being
an
Act
only
of
their
Equals
,
Christ
supposes
his
Apostles
will
then
bind
them
by
Excommunication
,
and
to
shew
the
weight
of
that
Censure
,
he
saith
,
Whatsoever
they
bind
on
Earth
shall
be
bound
in
Heaven
,
ver.
18.
which
being
spoken
of
the
validity
of
the
Punishment
inflicted
on
evil
Men
,
can
never
be
drawn
to
signifie
only
Teaching
;
yea
,
after
our
Lords
Resurrection
,
he
(
who
is
the
best
expounder
of
his
own
meaning
)
declares
that
binding
and
loosing
signifies
remitting
or
retaining
of
sins
,
John
xx
.
21.
and
turns
the
Whatsoever
ye
shall
bind
,
&c.
into
Whosesoever
sins
ye
remit
,
&c.
Again
,
since
the
Misna
,
which
is
the
oldest
part
of
the
Talmud
,
was
written
150
years
after
the
destruction
of
Jerusalem
,
which
is
later
than
any
Canonical
part
of
the
New
Testament
[
(e)
](B20551-e15630-b)
(e)
Sixt.
Senens
.
Biblioth.
lib.
2.
pag.
148.
,
those
Learned
Men
above
mentioned
ought
not
to
expound
the
more
ancient
Phrases
of
the
Gospel
by
these
Talmudical
expressions
,
yet
even
in
the
Talmud
,
Binding
and
Loosing
is
often
used
for
Excommunicating
and
Absolving
[
(f)
](B20551-e15660-b)
(f)
R.
Samuel
status
cornu
ligat
,
et
flatus
cornu
solvit
.
Talm.
Bab.
Moed
Katon
c.
3.
fol.
16.
Os
quod
solvit
,
est
,
os
quod
ligat
.
Tract
.
Demai
.
cap.
6.
§.
11.
,
which
is
the
more
obvious
and
natural
Sense
of
the
Words
;
and
because
the
doing
things
forbidden
by
the
Rabbins
caused
Men
to
be
Excommunicated
or
Bound
by
this
Censure
,
Therefore
by
a
Trope
the
things
themselves
were
said
to
be
Bound
:
So
that
we
may
conclude
,
That
our
Saviour
doth
actually
here
give
Authority
to
his
Apostles
,
and
to
their
lawful
Successors
,
to
shut
Men
,
who
are
scandalously
wicked
,
out
of
his
Church
,
and
to
let
them
in
again
upon
their
Repentance
,
declaring
their
Sentence
shall
be
ratified
in
Heaven
.
And
thus
the
Ancients
generally
expound
this
place
;
and
from
thence
they
frequently
speak
of
the
Power
of
the
Keys
given
by
Christ
to
the
Church
,
in
order
to
the
Excommunicating
and
Absolving
of
Sinners
:
Of
which
,
because
there
are
innumerable
Instances
,
one
or
two
shall
suffice
[
(g)
](B20551-e15700-b)
(g)
Ecclesia
quae
fundatur
in
Christo
claves
ab
eo
regni
coelorum
accepit
in
Petro
,
i.
e.
potestatem
ligandi
solvendique
peccata
.
Aug.
Tract.
124
in
Johan
.
Cum
excommunicat
Ecclesia
,
ligatur
in
Coelo
excommunicatus
.
Aug.
in
Psal.
108.
Vid.
Ambros
.
de
poenit
.
l.
1.
c.
6.
,
that
so
Reason
and
Authority
both
may
shew
our
Exposition
of
this
Place
is
true
and
certain
;
which
will
be
further
confirmed
by
considering
the
second
place
where
this
Power
is
mentioned
,
viz.
Matth.
xviii
.
18.
Verily
I
say
unto
you
,
whatsoever
ye
shall
bind
on
Earth
shall
be
bound
in
Heaven
,
and
whatsoever
ye
shall
loose
on
Earth
shall
be
loosed
in
Heaven
;
the
very
same
words
with
those
spoken
to
Peter
,
Chap.
xvi
.
19.
But
if
we
look
back
to
the
occasion
of
them
here
,
it
will
appear
they
can
be
meant
of
nothing
but
of
Ecclesiastical
Discipline
:
For
in
this
xviiith
Chapter
,
Our
Lord
first
labours
to
prevent
the
doing
Injuries
and
Offences
to
the
meanest
of
his
Disciples
,
ver.
1.
to
ver.
14.
But
secondly
,
in
case
Injuries
be
done
,
or
any
Scandal
or
Offence
given
,
Christ
teaches
the
offended
Person
what
method
to
take
,
viz.
First
privately
to
admonish
the
Offender
,
ver.
15.
If
that
prevail
not
,
the
grieved
party
must
rebuke
him
before
witness
,
ver.
16.
And
if
this
also
prove
unsuccessful
,
and
the
Offender
remain
obstinate
,
then
he
must
complain
to
the
Church
,
which
is
supposed
to
rebuke
,
and
if
need
be
,
to
Censure
the
stubborn
Criminal
;
and
if
he
do
not
hear
the
Church
(
that
is
,
submit
to
its
Sentence
,
and
make
reparation
)
then
Private
Christians
are
to
renounce
all
Communion
and
Commerce
with
that
Man
,
and
carry
themselves
toward
him
as
the
Jews
did
to
a
Heathen
or
Publican
,
with
whom
they
would
not
discourse
nor
eat
,
Matth.
ix
.
11.
Galat.
ii
.
12.
nor
yet
suffer
them
to
come
into
that
Court
of
the
Temple
where
they
were
wont
to
pray
,
Acts
xxi
.
28.
for
on
the
Gate
was
written
,
Let
no
Stranger
go
into
the
Holy
Place
[
(h)
](B20551-e15880-b)
(h)
Joseph
.
Bell.
Jud.
lib.
6.
cap.
14.
.
That
is
,
they
must
no
longer
count
this
Man
a
Member
of
the
Christian
Church
,
nor
call
him
a
Brother
,
but
esteem
him
as
a
Pagan
,
and
one
who
never
yet
was
admitted
;
or
a
Publican
,
who
for
living
in
open
Sins
was
cast
out
,
and
with
such
a
Man
,
the
rest
of
the
sound
Christians
were
not
to
have
any
Commerce
in
Civil
or
Religious
Matters
.
But
if
all
this
will
neither
shame
nor
terrifie
the
wicked
Wretch
,
so
as
to
bring
him
to
Repentance
,
because
he
may
think
this
Sentence
inflicted
by
the
Church
is
but
an
Human
Act
,
and
pronounced
only
by
Mortal
Men
,
Our
Lord
declares
That
this
Sentence
is
of
Divine
Authority
;
and
though
it
be
pronounced
only
by
Men
,
yet
it
shall
be
confirmed
in
Heaven
:
For
saith
he
,
Verily
I
say
unto
you
,
whatsoever
ye
shall
bind
,
&c.
ver.
18.
And
because
Christ
was
to
be
in
Heaven
,
he
assures
them
ver.
19.
&
20.
That
whatever
Publick
Acts
of
Discipline
they
did
when
they
were
assembled
,
and
desired
his
Confirmation
of
them
,
he
would
grant
it
to
them
;
yea
,
when
they
met
together
in
his
Name
,
and
by
his
Authority
committed
to
them
,
did
proceed
to
Censure
Offenders
,
he
declares
he
was
present
there
virtually
and
effectually
,
ver.
20.
Now
here
seems
to
be
no
room
for
evasion
;
yet
those
who
love
to
find
knots
in
the
Bulrush
,
do
object
to
this
plain
Exposition
:
First
,
That
this
is
meant
of
private
Injuries
when
the
Believers
had
no
Judicatures
to
right
them
but
Jewish
or
Heathen
,
and
though
in
that
Case
they
were
to
use
this
Method
,
yet
now
Christians
have
Magistrates
and
Laws
of
their
own
,
this
order
is
void
of
it self
.
To
which
Grotius
replys
,
That
Christian
Tribunals
do
not
take
away
the
power
of
judging
from
the
Church
,
because
the
Civil
Laws
do
only
punish
the
grosser
Crimes
,
and
such
as
are
most
contrary
to
Civil
Societies
,
but
there
are
many
Offences
against
Charity
,
Meekness
and
Patience
,
not
forbid
by
the
Civil
Laws
,
but
only
by
Christ's
Laws
,
by
which
the
Church
judgeth
;
so
that
Constantine
and
his
Successors
did
well
to
leave
this
power
of
Judging
to
the
Church
,
and
to
confirm
it
by
their
Laws
,
as
may
be
seen
in
the
Acts
of
the
Councils
,
and
in
the
Code
[
(i)
](B20551-e15970-b)
(i)
Grot.
Com.
in
Luc.
vi
.
22.
.
To
which
I
shall
add
,
That
Christ
here
speaks
not
only
of
Injuries
,
but
of
all
kinds
of
Sins
which
are
called
Scandals
or
Offences
,
because
they
may
be
an
occasion
of
our
Brethrens
falling
into
Apostacy
or
evil
Practises
if
these
go
unpunished
;
and
many
Sins
must
be
unpunished
,
if
none
be
taken
notice
of
,
but
those
which
the
Civil
Laws
forbid
[
(k)
](B20551-e15990-b)
(k)
Rom.
xiv
.
13.
1
Cor.
viii
.
10.
,
and
therefore
Scandals
and
Trespasses
are
used
promiscuously
[
(l)
](B20551-e16000-b)
(l)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Matth.
xviii
.
7.
but
ver.
21.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
So
also
1
Cor.
viii
.
12.
:
So
that
many
evil
things
which
are
scandalous
,
and
offend
weak
Christians
,
are
still
to
be
punished
by
the
Church
;
and
since
the
ends
of
Church
Censures
are
to
bring
the
Offender
to
Repentance
,
to
clear
the
Church
from
the
blot
contracted
by
this
Crime
,
and
to
warn
others
not
to
follow
so
ill
an
Example
,
and
the
nature
of
them
is
more
gentle
and
more
spiritual
than
the
Civil
Punishments
,
doubtless
they
may
well
subsist
together
in
the
same
Nation
,
without
subverting
one
another
.
Secondly
,
The
Learned
Mr.
Selden
seeks
many
Glosses
for
those
words
,
Tell
the
Church
,
which
he
sometimes
expounds
of
the
Jewish
Magistrates
in
the
Synagogue
,
and
sometimes
of
the
whole
Assembly
,
manifestly
designing
to
take
this
Power
out
of
the
Bishops
hands
:
But
for
his
first
Notion
,
how
improbable
is
it
that
Christ
should
allow
his
Disciples
(
who
were
not
to
sue
for
their
very
Cloaks
,
Matth.
v.
40.
)
to
go
to
their
mortal
Foes
the
unbelieving
Jews
to
complain
of
Injuries
;
and
according
to
Mr.
Selden's
Notion
of
a
Synagogue
for
a
Court
of
Justice
,
they
were
more
like
to
be
scourged
,
or
receive
new
Injuries
,
than
to
get
right
there
;
and
Christ
would
rather
have
said
,
Tell
it
to
the
Synagogue
,
than
tell
the
Church
:
But
an
easie
Prolepsis
will
solve
this
seeming
difficulty
;
for
it
was
usual
with
our
Lord
(
whose
words
were
to
be
writ
for
after
times
)
to
allude
to
things
not
then
instituted
,
as
he
doth
to
Baptism
,
John
iii.
5.
and
to
the
Eucharist
,
John
vi
.
51.
so
we
may
reasonably
believe
he
gave
this
Rule
with
respect
to
those
Assemblies
of
Christians
which
he
foresaw
would
soon
after
grow
into
a
distinct
Society
,
and
be
ruled
by
his
Apostles
and
their
Successors
,
to
whom
these
Complaints
were
then
to
be
made
:
For
I
must
venture
to
prefer
S.
Chrysostom's
Exposition
before
that
which
Mr.
Selden
writ
under
a
Rebellious
Democracy
;
and
that
holy
Father
tells
us
expresly
,
that
by
the
Church
here
,
is
meant
the
Governours
of
the
Church
[
(l)
](B20551-e16140-b)
(l)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Hom.
69.
in
Matth.
Tom.
II.
p.
385.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Theoph.
,
whom
Theophilact
agrees
with
:
And
St.
Augustine
expresly
affirms
,
That
it
is
the
Governours
of
the
Church
which
have
received
this
power
from
Christ
,
in
this
place
of
St.
Matthew
xviii
.
17
,
18.
[
(m)
](B20551-e16220-b)
(m)
Augustin
.
de
Civ
.
Dei
lib.
20.
c.
9.
p.
213.
.
And
common
Speech
confirms
this
explication
of
the
Fathers
;
for
we
say
,
He
complains
to
the
City
,
who
complains
to
the
Governours
of
it
.
But
our
Saviour
puts
it
past
all
dispute
,
that
he
intended
this
Power
only
for
his
Apostles
and
their
Successors
,
because
to
them
,
and
no
other
,
he
grants
a
Commission
to
remit
and
retain
sins
,
John
xx
.
23.
'T
is
true
,
the
Apostles
and
Primitive
Bishops
were
wont
to
exercise
this
Discipline
in
the
Presence
of
the
People
,
and
with
their
Approbation
,
but
the
Authority
was
wholly
in
the
Governour
,
and
the
Judicial
Act
was
solely
his
;
St.
Peter
and
S.
Paul
did
pass
the
Censure
,
and
the
Bishops
their
Successors
:
But
they
did
this
in
and
before
the
Assembly
,
for
greater
Solemnity
,
and
because
the
People
were
to
know
and
avoid
these
Offenders
;
as
also
that
the
openness
of
the
shame
might
make
the
Criminals
sooner
repent
,
and
be
a
more
effectual
warning
to
others
not
to
follow
so
bad
an
Example
:
But
from
this
presence
of
the
whole
Assembly
,
to
infer
their
joyning
in
the
Authoritative
part
,
is
a
very
weak
Consequence
,
and
confuted
both
by
Scripture
and
Antiquity
,
as
we
shall
see
in
the
sequel
:
For
this
shall
suffice
here
to
prove
,
that
in
this
second
place
our
Lord
Jesus
hath
left
Power
with
the
Governours
of
his
Church
to
receive
Complaints
concerning
scandalous
Offenders
,
and
to
bind
them
with
the
Bond
of
Excommunication
till
they
do
repent
,
and
that
he
hath
commanded
the
People
to
refuse
all
Communion
with
these
in
Sacred
Civil
Actions
while
they
remain
obstinate
;
yea
,
and
declared
that
they
who
remain
obdurate
and
impenitent
under
this
Sentence
,
shall
not
only
be
excluded
from
Communion
with
the
Church
on
Earth
,
but
be
bound
in
Heaven
also
,
and
excluded
from
thence
if
they
do
not
submit
and
repent
.
Thirdly
,
these
two
places
being
only
promises
of
a
future
Priviledge
,
we
may
read
the
fulfilling
of
them
,
when
Christ
ordained
the
Apostles
for
Governours
of
his
Church
after
his
Resurrection
;
for
he
sent
them
with
Authority
as
his
Father
sent
him
,
John
xx
.
21.
and
to
give
them
inward
ability
to
exercise
this
high
and
holy
Office
he
gives
them
the
Holy
Ghost
by
the
Ceremony
of
breathing
on
them
,
ver.
22.
Finally
to
oblige
all
the
Society
to
revere
and
obey
them
,
he
grants
them
the
power
of
binding
and
loosing
without
a
Metaphor
,
saying
,
Whosesoever
Sins
ye
remit
they
are
remitted
unto
them
,
and
whosesoever
sins
ye
retain
they
are
retained
,
ver.
23.
Which
place
evidently
makes
them
Judges
under
Christ
concerning
such
Offences
as
are
committed
by
those
in
the
Church
,
so
that
if
they
should
find
any
Man
obstinate
in
his
evil
ways
,
they
might
retain
his
Sins
,
that
is
,
declare
him
unsit
for
,
and
unworthy
of
pardon
,
and
consequently
of
the
Churches
Communion
,
wherein
forgiveness
is
to
be
obtained
;
and
while
the
Offender
remains
impenitent
Christ
declares
his
Guilt
remains
on
him
,
and
his
Sin
shall
not
be
pardoned
:
But
if
the
party
submit
and
repent
,
so
that
the
Governours
of
the
Church
judge
him
sincere
,
and
take
off
this
Sentence
,
by
declaring
him
penitent
,
then
his
Sin
shall
be
forgiven
in
Heaven
,
as
well
as
his
Censure
is
reversed
on
Earth
:
Which
promise
no
doubt
our
Saviour
makes
good
as
often
as
these
his
Stewards
do
judge
by
the
Rules
and
Measures
he
hath
given
them
:
And
since
Christ
gave
his
Apostles
and
their
Successors
no
Temporal
Power
,
nor
any
other
way
to
punish
Offenders
but
this
,
they
who
would
rob
them
of
this
Power
,
do
what
they
can
to
strip
them
of
all
Authority
,
and
bring
the
Church
by
Anarchy
into
Confusion
.
'T
is
true
,
these
words
are
repeated
to
every
Priest
in
his
Ordination
,
and
the
Power
is
committed
to
him
so
far
as
may
enable
him
to
serve
the
necessities
of
single
Persons
whose
faults
are
made
known
to
him
by
private
complaint
or
voluntary
confession
:
But
for
orders
sake
,
where
the
Offence
is
publick
,
and
the
Scandal
evident
,
there
the
Bishop
only
exercises
this
Power
of
remitting
and
retaining
;
and
it
is
this
latter
Power
which
only
concerns
Excommunication
,
and
which
was
given
originally
to
the
Apostles
as
Governours
of
the
Church
:
And
while
there
are
Offences
and
Offenders
in
the
Church
(
as
there
will
be
to
the
Worlds
end
)
this
Power
must
remain
in
the
Church
Governours
for
the
preservation
of
this
holy
Society
,
which
as
Jesus
did
found
,
so
he
hath
(
we
see
)
taken
care
to
endue
those
he
set
over
it
with
such
kind
of
Coercive
Power
as
is
necessary
for
the
good
ordering
thereof
.
CHAP.
II.
Of
the
Practice
of
Excommunication
.
§
.
I.
SInce
our
blessed
Saviour
had
thus
,
in
as
clear
words
as
could
be
spoken
,
given
his
Apostles
this
Power
of
Excluding
Offenders
out
of
that
Christian
Church
which
they
were
to
plant
and
rule
,
it
is
plain
they
had
Authority
to
exercise
this
Discipline
by
Divine
Right
,
and
therefore
it
must
be
a
gross
Error
in
the
Learned
Mr.
Selden
to
affirm
their
Right
was
derived
partly
from
the
Jews
and
partly
from
the
Roman
Emperours
Edicts
,
which
allowed
the
Jews
liberty
to
observe
their
own
Rites
[
(n)
](B20551-e16360-b)
(n)
Selden
.
Syned
.
c.
8.
p.
120.
.
For
though
we
grant
that
the
Christians
did
for
some
few
years
after
our
Lord's
Resurrection
observe
some
of
the
Jewish
Ceremonies
,
and
were
by
the
Gentile
Writers
grosly
mistaken
for
a
Sect
of
the
same
Religion
many
years
after
,
yet
they
had
a
distinct
Name
within
Ten
years
after
Christ's
Resurrection
[
(o)
](B20551-e16370-b)
(o)
Baron
.
Annal.
Eccles.
An.
43.
,
and
were
long
before
that
Excommunicated
and
persecuted
by
the
Jews
,
Acts
viii
.
1.
Chap.
ix
.
2.
and
the
Synod
at
Jerusalem
had
declared
that
the
Gentile
Converts
need
not
observe
the
Ceremonial
Law
;
So
that
the
Christians
were
a
distinct
Society
,
and
had
Officers
of
their
own
,
and
Assemblies
proper
to
themselves
;
and
these
Officers
did
exercise
a
Jurisdiction
over
them
,
and
openly
declared
they
derived
their
Power
,
not
from
the
Jews
,
but
from
Christ
,
2
Cor.
x.
8.
1
Cor.
v.
4.
So
that
it
is
ridiculous
to
assert
,
That
the
right
of
Apostolical
Excommunication
was
from
the
Jews
,
&
there
is
a
vast
difference
between
their
imitating
some
of
the
Jewish
Forms
or
Customs
in
the
exercise
of
these
Censures
,
and
their
deriving
a
right
from
them
,
even
as
the
Church
of
England
doth
imitate
some
of
the
Forms
of
the
Roman
Church
in
her
Excommunications
;
but
it
doth
not
follow
therefore
that
she
derives
her
Right
to
excommunicate
from
the
Pope
or
the
Church
of
Rome
.
And
for
the
Edicts
of
the
Emperours
which
were
made
in
favour
of
the
Jews
,
there
is
no
proof
that
ever
the
Christians
claimed
any
benefit
by
them
,
yet
if
they
did
,
these
Edicts
gave
them
no
right
to
Govern
a
Society
set
up
on
purpose
to
abrogate
the
whole
Worship
and
Ceremonies
peculiar
to
the
Jews
;
and
though
they
might
give
them
a
liberty
(
from
Secular
Compulsion
)
in
the
exercise
of
that
right
which
Christ
had
given
them
,
yet
they
did
not
convey
that
right
to
them
.
So
that
these
are
meer
Subterfuges
contrived
to
escape
the
force
and
strong
evidence
of
a
Divine
Right
,
which
is
so
clear
,
not
only
from
our
Saviour's
Institution
,
but
the
Apostolick
practice
grounded
thereon
,
to
which
we
shall
now
proceed
.
The
Apostles
principal
work
was
to
bring
Converts
into
the
Church
,
and
yet
when
need
required
,
they
also
exercised
that
other
Power
of
Casting
notorious
Offenders
out
of
it
.
S.
Peter
,
to
whom
Christ
directed
his
first
promise
of
this
Authority
,
was
the
first
who
exercised
it
;
and
the
first
Sin
which
he
retained
was
the
Sacriledge
of
Ananias
and
Saphira
,
which
was
joyned
with
a
hope
to
deceive
the
Holy
Ghost
which
dwelt
in
the
blessed
Apostle
,
and
that
our
Lord
might
make
his
Officers
Rebukes
more
dreadful
,
an
immediate
Judgment
followed
the
Censure
,
for
Ananias
and
his
Wife
were
struck
with
sudden
death
;
and
the
effect
of
this
was
,
That
great
fear
came
upon
all
the
Church
,
Acts
v.
11.
And
though
Christ
had
given
no
Secular
Power
to
his
Apostles
,
this
great
Example
did
make
the
Christians
reverence
the
Persons
,
and
fear
the
just
Reproofs
of
those
he
had
set
over
them
.
The
next
Instance
was
that
of
Simon
Magus
,
who
had
pretended
to
believe
and
was
baptized
,
Acts
viii
.
13.
but
it
seems
he
had
dissembled
with
God
and
Men
,
and
only
designed
to
make
a
gain
of
the
Power
of
Miracles
,
which
he
vilely
offered
Money
for
,
as
if
it
had
been
only
an
Art
which
might
be
bought
and
sold
;
whereupon
S.
Peter
declares
him
accursed
,
ver.
20.
saying
,
His
Money
and
he
should
perish
together
:
By
which
Phrase
he
intimates
,
he
was
(
as
the
Jews
speak
)
under
Cherem
,
and
that
he
might
separate
him
from
the
Church
,
he
declares
ver.
21.
Thou
hast
neither
part
nor
lot
with
us
in
this
matter
:
which
are
the
very
words
of
the
Tribes
beyond
Jordan
,
who
express
their
fear
of
their
Posterity's
being
rejected
from
Communion
with
the
other
Tribes
because
of
their
distance
,
by
this
very
Phrase
,
They
will
say
unto
them
,
Ye
have
no
part
in
the
Lord
[
(p)
](B20551-e16610-b)
(p)
Josh.
xxii
.
5.
Cal.
Par.
Non
estis
inter
quos
est
verbi
divini
Communitas
.
LXX
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
.
And
in
the
like
form
of
Speech
,
the
Bond
of
Society
in
Civil
Matters
was
declared
void
,
2
Sam.
xix
.
1.
1
Kings
xii
.
16.
Yea
,
our
Lord
thus
threatens
to
reject
S.
Peter
if
he
would
not
admit
his
washing
,
saying
,
If
I
wash
thee
not
,
thou
hast
no
part
in
me
,
John
xiii
.
8.
And
further
,
as
a
Reason
of
this
destruction
denounced
,
and
this
Separation
inflicted
on
Simon
Magus
the
Apostle
shews
,
he
is
still
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
under
the
Bond
of
his
Sin
,
which
by
this
Declaration
was
retained
according
to
the
Power
given
by
Christ
;
yet
he
doth
not
cut
off
this
Sinner
,
but
to
shew
he
did
this
for
his
Amendment
,
he
still
exhorts
him
to
Repentance
,
ver.
22.
&
23.
Upon
which
the
Offender
immediately
submits
,
and
fearing
some
Judgment
would
follow
this
Apostolical
Excommunication
,
desires
the
Apostles
(
as
the
Primitive
Penitents
did
the
Faithful
afterwards
)
to
,
pray
for
him
,
ver.
24.
which
is
a
plain
description
of
this
Rite
[
*
](B20551-e16730-b)
*
Vide
Apostol.
Can.
29.
.
And
Mr.
Selden
mentions
some
ancient
Arabick
Manuscripts
,
which
in
the
Form
of
Excommunication
say
,
Let
him
be
accursed
and
excommunicated
,
as
Peter
excommunicated
Simon
Magus
[
(q)
](B20551-e16780-b)
(q)
Seld
Synedr
.
l.
1.
c.
8.
p.
119.
.
The
next
Example
is
that
of
the
Incestuous
Corinthian
,
1
Corinth
.
v.
1
,
2.
who
had
scandalously
married
his
Fathers
Wife
,
yet
the
Church
of
Corinth
connived
at
this
notorious
Crime
,
and
had
high
thoughts
of
themselves
,
though
this
gross
Scandal
had
been
done
among
them
,
whereas
they
ought
rather
to
have
lamented
the
deplorable
condition
of
the
Sinner
,
and
cast
him
out
of
their
Church
by
Excommunication
;
for
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
here
and
ver.
13.
doth
not
signifie
to
take
him
away
by
death
,
but
to
drive
or
take
him
away
from
assembling
with
them
:
Only
because
this
was
a
kind
of
Spiritual
death
,
therefore
the
Ancient
Church
use
to
inflict
this
Censure
with
weeping
and
lamenting
over
the
Offender
,
as
if
he
had
been
really
dead
[
(r)
](B20551-e16840-b)
(r)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Clem.
constit
.
lib.
2.
—
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Orig.
in
Cels
.
lib.
3.
p.
142.
,
which
was
not
unlike
the
Custom
of
the
Pythagoreans
,
who
set
a
Coffin
in
the
place
of
him
that
had
forsaken
their
School
.
And
if
the
Corinthians
had
been
thus
truly
sensible
of
the
sad
estate
of
this
vile
Wretch
,
they
would
no
doubt
have
cut
him
off
from
their
Body
as
a
common
Annoyance
,
(
as
[
(s)
](B20551-e16900-b)
(s)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Theophilact
.
Theophilact
speaks
)
or
as
a
gangren'd
Limb.
But
since
the
Schism
there
had
loosened
the
Discipline
,
our
Apostle
though
absent
in
Body
,
yet
as
present
by
his
Authority
,
decrees
he
shall
be
Excommunicated
,
ver.
3.
and
directs
them
how
to
proceed
,
ver.
4.
When
they
were
assembled
for
Publick
Worship
in
Christ's
Name
(
for
these
Censures
,
as
we
noted
before
,
were
inflicted
in
Publick
to
produce
the
greater
shame
and
terror
in
the
Offender
)
then
according
to
the
Sentence
which
S.
Paul
had
pronounced
by
the
Spirit
,
and
by
virtue
of
that
Power
which
our
Lord
Jesus
had
committed
to
him
,
and
which
he
now
delegates
to
the
Rulers
of
the
Corinthian
Church
,
he
chargeth
them
,
ver.
5.
to
deliver
this
incestuous
Man
over
to
Satan
,
that
he
might
inflict
some
bodily
pains
and
diseases
on
him
,
to
bring
him
to
a
sense
of
his
Sin
,
that
so
his
Soul
might
be
saved
at
the
last
and
dreadful
day
of
Judgment
.
As
to
which
Phrase
of
delivering
to
Satan
,
it
is
certainly
meant
of
Excommunication
,
both
here
and
1
Timoth.
i.
20.
for
as
by
Baptism
Men
were
delivered
from
the
power
of
Satan
,
Acts
xxvi
.
18.
whence
those
Primitive
Exorcisms
and
solemn
Renunciations
of
the
Devil
:
So
when
Apostates
and
Evil
men
broke
this
Covenant
,
and
were
cast
out
of
the
Church
again
,
they
were
as
it
were
delivered
back
to
Satan
,
they
became
as
Heathens
,
Matth.
xviii
.
17.
and
were
under
the
Dominion
of
the
Prince
of
Darkness
:
Yet
to
shew
this
Discipline
was
not
to
destruction
but
to
edification
,
the
Apostle
declares
this
delivering
to
Satan
was
not
for
the
damnation
of
their
Souls
,
but
that
Satan
(
by
God's
permission
,
and
as
God's
Executioner
)
might
torment
their
Bodies
by
some
grievous
Disease
,
whereby
they
might
be
humbled
and
brought
to
Repentance
in
order
to
their
final
Salvation
.
It
is
well
known
that
the
Jews
generally
did
believe
Satan
was
the
Inflicter
of
all
Diseases
,
Joh.
ii
.
4
,
5
,
6
,
7.
Luke
xiii
.
16.
Mark
ix
.
17.
And
in
the
Infancy
of
the
Church
God
was
pleased
(
to
give
greater
credit
to
his
Apostles
,
and
instead
of
Temporal
Power
)
to
second
their
Censures
with
Diseases
,
and
so
to
confirm
their
Sentence
in
that
Age
of
Miracles
;
and
though
now
the
Gospel
is
sufficiently
attested
,
these
miraculous
Attestations
as
needless
are
withdrawn
,
yet
still
those
who
are
cast
out
of
the
Church
,
are
really
exposed
to
Satan's
malice
until
they
submit
,
and
by
repentance
be
received
in
again
.
But
the
Apostle
proceeds
,
ver.
6.
that
they
must
not
glory
of
their
Purity
while
such
contagious
and
spreading
Vices
remained
uncensured
,
but
ver.
7.
must
clear
themselves
from
these
vicious
Persons
,
that
they
might
be
fit
to
communicate
with
Christ
their
Passoever
.
He
also
adds
,
That
in
a
former
Epistle
(
now
not
extant
)
he
had
enjoyned
them
to
avoid
the
company
and
conversation
of
Fornicators
;
that
is
,
that
the
Church
should
Censure
them
,
and
the
People
have
no
Conversation
with
them
;
but
he
now
explains
himself
,
that
he
means
not
this
should
be
extended
to
the
Jews
or
Pagans
,
who
were
no
professed
Christians
,
and
so
not
liable
to
its
Discipline
,
and
by
whose
Faults
no
Scandal
could
fall
on
the
Church
;
but
he
now
tells
them
who
are
to
be
Excommunicated
and
avoided
,
viz.
those
who
pretend
they
are
Christians
,
and
yet
are
Fornicators
,
Covetous
,
Idolaters
,
Railers
,
Drunkards
and
Extortioners
[
(t)
](B20551-e17070-b)
(t)
Habes
hic
praecipuas
excommunicationiz
causas
.
Grot.
in
locum
.
,
with
these
(
though
through
the
Schisms
at
Corinth
,
the
Bishop
could
not
so
well
Excommunicate
them
)
the
faithful
People
must
not
so
much
as
eat
a
common
Meal
,
and
sure
much
more
not
admit
them
to
their
Religious
Worship
,
and
eat
with
them
at
the
Lords
Table
,
ver.
11.
Now
if
any
say
S.
Paul
is
partial
in
being
more
severe
against
Christians
than
Strangers
,
for
the
same
Crimes
;
he
answereth
,
ver.
12.
That
his
Commission
extended
not
to
them
that
were
without
,
they
were
to
be
left
to
God's
Judgment
;
but
he
and
they
(
by
Authority
delegated
from
him
)
had
power
to
judge
and
sentence
those
who
were
Members
of
their
own
Society
;
and
so
he
concludes
,
ver.
13.
That
leaving
the
Unconverted
to
God's
Judicature
,
they
must
proceed
to
Excommunicate
,
and
take
away
by
Excommunication
this
and
other
evil
Persons
,
and
so
by
the
severity
of
these
Divine
Censures
they
might
in
time
obtain
that
end
of
punishment
in
all
Societies
(
even
the
taking
away
of
Evil
from
among
them
)
so
often
mentioned
in
Moses's
Law
,
and
by
the
LXX
.
often
rendred
in
the
Masculine
Gender
[
(u)
](B20551-e17150-b)
(u)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
LXX
.
Deut.
xvii
.
17.
xxi
.
21.
xxiv
.
7.
Haec
itaque
est
vera
lectio
hujus
loci
non
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
quod
D.
Seldeno
placet
.
,
yet
sometimes
in
the
Neuter
[
(w)
](B20551-e17210-b)
(w)
Deut.
xix
.
19.
&
xxii
.
21.
.
To
conclude
,
This
Chapter
contains
full
and
clear
directions
for
this
holy
Discipline
,
and
an
Example
which
admits
of
no
evasion
:
For
if
this
were
to
be
executed
by
S.
Paul's
Order
,
and
by
the
Power
of
Christ
on
all
notorious
and
scandalous
Offenders
,
and
if
the
Church
were
to
cast
out
such
from
their
Society
,
and
the
People
to
refrain
from
conversing
with
them
,
if
the
Church
was
to
judge
them
,
and
its
Members
were
to
avoid
them
,
then
Excommunication
was
practised
(
as
it
is
now
,
in
the
main
)
even
in
the
Apostles
days
,
and
their
Rules
and
Actions
are
our
Warrant
for
it
.
But
since
Christ
gave
his
Apostles
not
only
a
power
to
retain
,
but
also
to
remit
Sins
,
we
have
a
further
account
in
the
Second
Epistle
to
the
Corinthians
,
That
this
Incestuous
Person
(
for
of
him
the
Fathers
generally
agree
S.
Paul
speaks
2
Corinth
.
ii
.
6.
[
(x)
](B20551-e17260-b)
(x)
Origen
in
Psal.
xxxvii
.
Ambros
.
Hieron
.
Theoph.
in
loc.
)
who
had
grieved
the
Church
of
Corinth
,
was
exceedingly
grieved
himself
,
and
in
danger
to
be
swallowed
up
of
too
much
sorrow
;
wherefore
S.
Paul
desires
his
Censure
may
be
taken
off
,
declaring
that
this
publick
Reproof
and
severe
Sentence
[
(y)
](B20551-e17290-b)
(y)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
2
Cor.
ii
.
6.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
vocantur
Poenae
Canonicae
in
Act.
Consiliorum
,
&
ap.
Chrysost.
de
Sacerd.
Grot.
in
the
presence
of
the
whole
Congregation
,
having
brought
him
to
Repentance
was
a
sufficient
Penalty
;
and
now
he
requires
them
to
forgive
him
,
and
grant
him
Absolution
,
ver.
7.
expecting
they
should
obey
him
in
all
his
Orders
,
as
well
the
former
for
censuring
,
as
these
for
absolving
,
ver.
9.
First
,
Because
in
all
his
Orders
he
had
respect
unto
their
good
:
And
secondly
,
Because
he
commanded
them
by
the
Authority
,
and
as
the
Ambassador
of
Christ
,
who
(
in
all
these
Judicial
Acts
of
Excommunicating
and
Absolving
)
did
represent
the
Person
of
Christ
himself
[
(z)
](B20551-e17350-b)
(z)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
ver.
10.
Non
in
mea
persona
sed
Christi
qui
dixit
,
Quaecunque
solveritis
in
terra
erant
soluta
in
Coelo
.
Hieron
.
Ut
factum
Apostoli
factum
sit
Christi
.
Ambros
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Theoph.
,
who
had
given
this
Commission
to
his
Apostles
,
That
whatsoever
they
should
bind
on
Earth
,
should
be
bound
in
Heaven
:
So
the
Fathers
expound
this
Phrase
in
the
Person
of
Christ
:
And
we
may
observe
,
That
as
S.
Paul
did
Cast
him
out
of
the
Church
,
not
by
their
common
Suffrages
,
(
as
S.
Ambrose
speaks
)
but
with
the
Power
of
our
Lord
Jesus
Christ
;
that
is
,
by
his
Authority
and
Sentence
,
whose
Ambassador
on
Earth
the
Apostle
was
[
(a)
](B20551-e17460-b)
(a)
Ambros
.
Comment.
in
1
Cor.
v.
p.
358.
;
So
he
restores
him
again
(
upon
his
Repentance
)
not
by
any
Suffrage
of
the
Church
Members
,
but
by
Christ's
Authority
,
and
as
his
Representative
,
which
shews
that
the
People
are
meerly
witnesses
in
this
Case
,
but
the
Governours
of
the
Church
only
act
by
Authority
:
The
Peoples
presence
tends
to
the
Solemnity
,
not
to
the
validity
of
Excommunication
or
Absolution
,
which
in
this
Instance
are
both
plainly
founded
by
S.
Paul
upon
a
Divine
Authority
,
and
deduced
from
that
Commission
granted
by
Christ
to
his
Apostles
,
and
consequently
to
their
Successors
.
I
have
been
the
larger
on
this
,
because
it
is
a
fair
Precedent
drawn
by
the
Hand
of
an
Apostle
,
of
the
Practice
of
these
two
great
Points
of
Jurisdiction
,
and
a
clear
Commentary
upon
our
Saviour's
Commission
,
as
well
as
a
strong
Proof
that
Church
Censures
are
of
Divine
Right
.
Many
other
Expressions
there
are
in
these
Epistles
relating
to
this
Matter
(
which
we
will
only
briefly
remark
)
viz.
all
those
which
speak
of
S.
Paul's
coming
to
them
in
sorrow
[
(b)
](B20551-e17510-b)
(b)
2
Cor.
ii
.
1
,
2
,
3
,
&c.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Theoph.
,
and
making
them
sorry
;
that
is
,
by
ordering
Offenders
to
be
censured
,
which
Act
was
alway
done
with
sorrow
,
as
the
receiving
them
in
again
was
with
joy
.
So
he
saith
,
He
fears
when
he
comes
again
God
will
humble
him
among
them
,
and
that
he
shall
bewail
many
who
have
sinned
already
,
and
have
not
repented
[
(c)
](B20551-e17550-b)
(c)
2
Cor.
xii
.
21.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Teoph
.
Eugere
,
dicitur
,
pro
excommunicare
.
Grot.
in
3
Cor.
v.
2.
;
which
the
Ancients
expound
of
Excommunicating
them
.
And
in
that
sense
we
are
to
understand
those
places
where
S.
Paul
speaks
of
making
them
sorry
with
an
Epistle
,
2
Cor.
vii
.
8.
and
of
the
godly
sorrow
which
worketh
Repentance
to
Salvation
,
not
to
be
repented
of
,
ver.
10.
Again
,
To
this
belongeth
that
Authority
which
made
him
ready
to
revenge
all
disobedience
,
2
Cor.
x.
6.
which
he
calls
The
Authority
which
the
Lord
had
given
him
for
edification
,
and
not
for
destruction
,
ver.
8.
For
whereas
the
Temporal
Sword
destroys
the
Criminals
,
these
Spiritual
Censures
are
designed
to
bring
Offenders
to
Repentance
and
Salvation
;
and
therefore
the
Apostle
useth
this
Phrase
again
,
Chap.
xiii
.
10.
where
having
(
as
our
Saviour
directed
,
Matth.
xviii
.
15
,
16.
)
admonished
them
twice
by
his
Epistles
,
he
assures
them
,
that
when
he
comes
(
which
would
be
the
third
Application
made
to
them
.
)
He
will
not
spare
the
Impenitent
,
1
Cor.
xiii
.
2.
but
would
use
sharpness
or
severity
,
ver.
10.
[
(d)
](B20551-e17700-b)
(d)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
vid
Tit.
i.
13.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Theoph.
that
is
,
proceed
immediately
to
Excommunicate
them
,
according
to
that
Power
wherewith
Christ
had
invested
him
,
for
edification
and
not
for
destruction
:
For
which
cause
they
ought
not
to
think
much
at
this
Power
which
Christ
had
given
the
Governours
of
his
Church
,
because
the
end
of
it
was
,
not
the
destruction
,
but
the
reformation
of
Offenders
:
And
if
they
would
amend
without
it
,
our
Spiritual
Fathers
,
would
be
much
better
pleased
.
Further
,
we
may
note
,
That
not
only
for
wicked
practices
,
but
for
Heretical
Opinions
and
false
Doctrines
also
,
the
Apostles
used
Excommunication
;
as
in
that
place
,
If
we
or
an
Angel
from
Heaven
preach
any
other
Gospel
unto
you
than
that
which
we
have
preached
unto
you
,
let
him
be
Anathema
,
or
Accursed
,
Galat.
i.
8.
And
to
shew
this
was
no
rash
,
but
a
deliberate
Judicial
Act
,
he
repeats
it
ver.
9.
And
here
it
will
be
seasonable
to
enquire
into
the
Sense
of
this
word
Anathema
,
so
often
used
concerning
Excommunication
[
(e)
](B20551-e17780-b)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
pag.
87.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Theoph●e
Chrysost.
Abominabilis
sit
.
Hieron
.
Condemnatus
,
devotus
&
detestabilis
.
Aug.
.
The
Ancients
explain
it
Accursed
,
Excommunicated
,
Separated
,
Alienated
,
Abominable
,
Detestable
and
Devoted
;
all
which
respect
Persons
Excommunicated
:
And
the
LXX
.
do
generally
thus
translate
the
Hebrew
Cherem
[
(f)
](B20551-e17860-b)
(f)
Josh.
vii
.
1.
Deut.
vii
.
26.
&
alibi
.
,
the
name
of
one
Species
of
Excommunication
among
the
Jews
.
'T
is
true
,
it
sometimes
signifies
a
thing
dedicated
to
God
.
The
reason
of
which
different
Senses
S.
Chrysostom
thus
gives
;
As
no
man
dares
touch
a
Gift
offered
and
devoted
to
God
,
so
no
man
dares
touch
one
that
is
Anathematized
;
but
this
is
done
for
different
reasons
:
None
will
come
near
the
holy
Gift
,
because
it
is
Consecrated
to
God
;
but
all
men
separate
from
the
Excommunicated
,
as
being
unholy
and
alienated
from
God
[
(g)
](B20551-e17900-b)
(g)
ap.
Theoph.
in
Rom.
ix
.
3.
&
ipse
Chrysost.
hom.
16.
in
9.
Rom.
ita
etiam
Theodor.
in
loc.
.
And
Theodoret
notes
that
Anathema
signifies
not
only
that
which
is
offered
to
God
,
but
that
which
is
alienated
from
him
;
and
in
the
latter
Sense
he
applies
it
to
Excommunication
,
which
Alienates
men
from
the
Common
Body
of
the
Church
;
and
as
S.
Chrysostom
speaks
,
Separates
them
from
all
,
and
alienates
them
from
all
,
in
Rom.
9.
And
in
this
Sense
those
who
Apostatized
from
the
Faith
,
did
call
Jesus
Anathema
,
1
Cor.
xii
.
3.
that
is
,
renounce
all
Communion
with
him
,
and
agree
to
that
Sentence
of
Cherem
,
which
the
Jews
had
pronounced
against
him
as
an
Accursed
Person
.
And
S.
Paul
,
in
the
height
of
his
Charity
to
his
Country-men
,
wishes
himself
Anathema
from
Christ
,
so
they
might
be
saved
,
Rom.
ix
.
3.
that
is
,
he
could
be
content
to
be
cut
off
and
excommunicated
from
the
Church
and
Body
of
Christ
,
so
they
were
all
united
to
it
.
Upon
the
whole
Matter
we
may
conclude
,
That
this
Anathema
in
the
Galatians
,
is
a
Formal
and
Solemn
Excommunication
denounced
against
all
who
preach
false
Doctrines
instead
of
the
true
Gospel
;
and
such
another
Sentence
is
thundred
forth
against
all
That
love
not
the
Lord
Jesus
,
Let
them
be
Anathema
Maran-atha
,
1
Cor.
xvi
.
22.
only
there
is
added
an
intimation
,
That
the
Lord
will
come
and
take
Vengeance
on
those
who
are
thus
Accursed
deservedly
by
the
Church
for
corrupting
the
Faith
:
But
of
this
Maran-atha
we
spake
before
.
However
,
it
may
be
proper
here
to
observe
,
That
from
this
Apostolical
practice
,
the
Primitive
Church
was
wont
in
her
Canons
which
concerned
Matters
of
Faith
,
or
were
levelled
against
notorious
Crimes
,
to
annex
an
Anathema
to
them
,
intimating
those
Doctrines
and
Practices
were
accursed
,
and
deserved
Excommunication
.
So
in
the
end
of
the
Nicene
Creed
,
the
holy
Catholick
and
Apostolick
Church
Anathematizes
the
Arrians
:
And
the
first
Council
at
Constantinople
pronounces
an
Anathema
against
every
Heresie
[
(h)
](B20551-e18140-b)
(h)
Conc.
Constant
.
Can.
I.
Bever
.
Tom.
I.
p.
85.
:
So
doth
the
Council
of
Gangra
close
every
Canon
with
this
Anathema
[
(i)
](B20551-e18170-b)
(i)
Conc.
Gangrens
.
ibid.
p.
415.
;
which
Balsamon
explains
to
be
for
the
subversion
of
those
Heresies
,
being
a
Declaration
that
for
such
Opinions
and
Practices
they
shall
be
Excommunicated
:
And
it
is
very
certain
that
the
Apostles
themselves
did
actually
excommunicate
Men
for
Heresie
:
For
Hymenaeus
was
an
Heretick
,
2
Tim.
ii
.
17.
denying
the
Futurity
of
the
Resurrection
;
and
Alexander
had
made
Shipwrack
of
his
Faith
too
;
yea
both
of
them
were
void
of
good
Conscience
:
wherefore
S.
Paul
excommunicates
these
two
,
1
Tim.
i.
19
,
20.
delivering
them
to
Satan
,
that
they
might
learn
not
to
blaspheme
.
And
that
the
same
thing
is
meant
by
delivering
to
Satan
and
Anathematizing
,
we
may
learn
from
Balsamon
and
Zonaras
,
who
say
that
an
Anathema
is
nothing
else
but
a
kind
of
dedicating
one
to
Satan
[
(l)
](B20551-e18310-b)
(l)
Anathema
dicitur
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Praef.
ad
Concil.
Gangr
.
.
And
more
largely
,
Such
an
one
is
an
Anathema
,
that
is
separated
from
God
:
For
as
that
which
is
offered
to
God
is
called
an
Anathema
,
and
is
separated
from
common
uses
;
so
he
who
is
Anathematized
,
is
torn
off
and
cast
out
from
the
Society
of
the
Faithful
,
who
belong
to
God
,
and
from
God
himself
,
and
is
set
apart
for
the
Devil
,
or
rather
sets
himself
apart
for
him
[
(m)
](B20551-e18350-b)
(m)
Zonar
.
in
Can.
3.
Goncil
.
Constant
.
Bever
.
Tom.
I.
p.
363.
&
Balsamon
ibid.
.
And
for
this
Exposition
they
cite
the
Apostle
S.
Paul
in
the
places
before
produced
.
But
because
some
late
Authors
would
have
this
delivering
to
Satan
,
peculiar
to
the
Apostles
times
;
I
shall
grant
,
that
the
being
seized
with
Diseases
,
which
was
the
miraculous
effect
of
it
,
was
peculiar
to
those
first
Ages
,
while
these
wonderful
and
supernatural
Penalties
were
necessary
for
confirming
the
New-planted
Gospel
;
but
the
Title
which
Satan
hath
to
such
as
are
deservedly
Excommunicated
for
Heresie
or
gross
Crimes
,
is
as
real
,
though
not
so
visible
now
;
as
we
may
learn
from
Theophylact
:
How
(
saith
he
)
did
he
deliver
them
to
Satan
?
He
cast
them
out
of
the
Church
,
he
turned
them
out
of
the
Sheepfold
,
and
exposed
them
naked
to
the
Wolf
;
for
as
once
the
Cloud
overshadowed
the
Tabernacle
,
so
doth
the
Spirit
the
Church
of
Christ
:
Therefore
if
any
be
out
of
the
Church
,
he
is
deserted
by
the
Spirit
,
and
so
becomes
miserable
and
an
easie
Prey
to
Satan
:
Such
is
the
Punishment
of
Excommunication
[
(n)
](B20551-e18400-b)
(n)
Theophylact
.
in
1
Tim.
i.
20.
.
For
the
Devil
is
always
ready
to
take
those
into
his
Power
who
are
alienated
from
God
,
saith
S.
Ambrose
[
(o)
](B20551-e18430-b)
(o)
Ambros
.
Com.
in
eundem
loc.
.
And
so
dreadful
a
thing
was
it
accounted
in
the
Primitive
Times
to
be
thus
Anathematized
and
delivered
to
Satan
,
That
they
generally
used
these
Anathema's
rather
against
Opinions
and
Practices
at
large
,
than
against
Persons
,
contenting
themselves
with
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
a
bare
Separation
of
those
from
the
Communion
,
whose
Repentance
they
could
possibly
hope
for
:
Which
perhaps
those
charitable
Bishops
might
learn
from
the
Apostles
,
who
though
they
did
Anathematize
the
most
notorious
Criminals
,
and
the
Ringleaders
of
Heresie
,
and
deliver
them
to
Satan
,
by
the
worst
sort
of
Excommunication
,
like
the
Jewish
Cherem
,
yet
they
were
content
only
to
warn
the
Faithful
,
to
avoid
the
Society
of
other
Sinners
,
agreeable
to
the
lower
sort
of
Jewish
Excommunication
by
Niddui
:
For
as
to
the
Authors
of
Schism
,
the
Apostle
bids
them
mark
and
avoid
them
,
Rom.
xvi
.
17.
which
being
to
be
done
by
all
the
Christians
of
that
Church
,
it
must
amount
to
an
excluding
them
from
their
Religious
Assemblies
and
Civil
Conversation
also
:
Though
Grotius
thinks
there
was
yet
no
fixed
Government
of
the
Church
at
Rome
;
if
there
had
,
S.
Paul
had
ordered
these
to
be
Excommunicated
,
which
not
being
in
the
Peoples
power
,
all
they
could
do
was
to
avoid
them
.
The
like
Rules
the
Apostle
gives
to
the
Thessalonians
,
whom
he
commands
in
the
Name
of
our
Lord
Jesus
Christ
to
withdraw
themselves
from
every
Brother
who
walketh
disorderly
,
2
Thess.
iii.
6.
which
being
pronounced
so
solemnly
in
Christ's
Name
,
and
by
his
Authority
,
is
a
kind
of
general
Sentence
of
Excommunication
,
upon
which
they
were
to
avoid
such
Mens
Company
.
So
again
,
ver.
14.
He
who
obeyed
not
the
Apostles
Orders
,
they
were
to
signifie
his
name
to
S.
Paul
in
an
Epistle
[
(p)
](B20551-e18570-b)
(p)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
ver.
14.
of
Complaint
,
and
by
forbearing
to
hold
any
Communion
with
him
,
shame
him
into
amendment
:
Yet
not
to
hate
him
during
this
his
Separation
and
Exclusion
,
but
to
admonish
him
,
that
if
possible
he
might
be
reduced
before
he
was
utterly
cut
off
from
being
a
Brother
.
For
these
Admonitions
did
regularly
precede
the
Solemn
Excommunication
,
as
we
learn
from
S.
Paul's
directions
to
Timothy
Bishop
of
Ephesus
,
where
the
Bishop
was
openly
before
all
the
Congregation
,
to
rebuke
notorious
Offenders
for
a
terror
to
others
,
1
Tim.
v.
20.
And
if
this
would
not
prevail
,
but
he
was
forced
to
Excommunicate
them
,
he
then
enjoyns
him
,
as
in
the
Presence
of
God
and
Christ
,
and
his
holy
Angels
(
who
were
present
in
the
Church
where
these
Consures
were
laid
on
)
to
proceed
impartially
,
ver.
21.
and
not
hastily
to
Absolve
them
again
(
by
the
Ceremony
of
Laying
on
of
Hands
,
Cypr.
Epist.
ad
Pleb
.
num.
xii
.
)
before
they
had
repented
,
lest
he
should
make
himself
liable
to
other
Mens
sins
,
ver.
22.
In
like
manner
S.
Paul
advises
Titus
his
Vicegerent
and
Successor
in
Crete
,
concerning
those
Jewish
Seducers
who
subverted
many
,
and
concerning
those
Cretians
who
were
seduced
by
them
,
To
rebuke
them
sharply
[
(q)
](B20551-e18710-b)
(q)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Titus
i.
13.
See
1
Cor.
xiii
.
10.
,
that
they
might
be
sound
in
the
Faith
:
And
more
plainly
,
Chap.
iii.
10.
he
commands
him
,
After
the
first
and
second
Admonition
,
to
reject
a
Man
that
is
an
Heretick
:
which
is
a
direction
for
depriving
him
of
the
Communion
of
the
Church
,
since
whomsoever
the
Bishop
did
reject
,
he
was
necessarily
excluded
from
Divine
Offices
,
and
all
the
Faithful
,
who
cleaved
always
to
their
Bishop
,
renounced
such
a
Man's
Consersation
,
for
in
so
doing
they
observed
our
Saviour's
Order
,
that
when
any
would
not
hear
the
Church
,
they
should
count
him
as
an
Heathen
man
and
a
Publican
,
Matth.
xviii
.
17.
which
was
the
Case
of
an
obstinate
Heretick
that
would
not
hear
the
Bishop's
Admonitions
.
And
as
the
more
Religious
Jews
would
not
eat
with
Publicans
or
Sinners
(
i.e.
Gentiles
)
so
the
Faithful
were
enjoyned
(
by
the
Apostles
)
with
notorious
Criminals
no
not
to
eat
,
1
Cor.
v.
11.
that
is
,
not
to
eat
a
common
Meal
with
them
,
as
the
Jews
would
not
eat
with
one
Excommunicated
by
Niddui
;
and
indeed
eating
was
a
sign
of
Friendship
,
which
Orthodox
Christians
were
not
to
have
with
these
,
who
were
an
abomination
to
them
,
Genes.
xliii
.
32.
and
Galat.
ii
.
12.
Now
it
is
,
in
my
Opinion
,
a
very
weak
Enquiry
to
ask
here
,
Whether
this
eating
be
meant
of
the
Lord's
Supper
,
or
no
?
Because
it
is
certain
à
minori
ad
majus
,
that
if
a
Christian
might
not
eat
an
ordinary
Meal
with
an
excommunicate
Person
in
a
private
House
,
much
more
ought
he
to
avoid
his
Company
in
so
high
an
Act
of
Religion
as
eating
the
Lord's
Supper
:
For
no
doubt
,
whosoever
was
under
Censure
,
so
as
to
be
shut
out
of
the
Houses
of
Christians
,
were
not
admitted
to
their
Religious
Assemblies
:
For
these
Disturbers
of
Christian
Unity
,
like
dead
Branches
or
gangren'd
Members
,
were
to
be
wholly
cut
off
from
the
Body
of
Christ's
Church
,
as
S.
Paul
speaks
,
Galat.
v.
12.
in
so
much
that
S.
John
expresly
forbids
the
Faithful
to
shew
any
kindness
by
way
of
common
Civility
to
those
who
hold
not
the
right
Faith
,
saying
,
If
any
come
to
you
,
and
bring
not
this
Doctrine
,
do
not
receive
him
into
your
House
,
nor
bid
him
God
speed
,
2
Epist.
S.
John
,
ver
.
10.
Which
aversation
and
utter
disclaiming
all
Testimonies
of
Friendship
,
were
grounded
on
those
Anathema's
pronounced
by
the
Apostles
against
all
such
notorious
Hereticks
,
who
were
by
all
to
be
esteemed
as
excommunicated
ipso
facto
:
And
hence
arose
that
usage
in
the
Ancient
Church
,
not
to
salute
any
that
was
excommunicated
,
as
we
see
in
Synesius's
Epistles
[
(r)
](B20551-e18930-b)
(r)
Synesij
Epist.
58.
p.
503.
,
and
in
the
Capitulars
[
(s)
](B20551-e18940-b)
(s)
Capitul
.
Francor
.
lib.
5.
cap.
42.
p.
96.
,
and
we
may
be
sure
,
if
they
would
not
pray
for
them
in
way
of
usual
Civility
,
they
would
not
endure
them
in
their
Houses
of
Prayer
;
it
being
recorded
of
this
S.
John
,
That
he
leapt
out
of
the
Bath
unwashed
,
when
he
saw
Cerinthus
the
Heretick
come
in
thither
[
(t)
](B20551-e18970-b)
(t)
Irenaeus
lib.
3.
cap.
3.
.
And
truly
it
was
useful
and
safe
for
the
Orthodox
Christians
thus
totally
to
renounce
all
Conversation
with
these
Seducers
,
whose
words
might
easily
infect
them
if
once
they
held
communication
with
them
.
But
if
any
Scruple
yet
remain
concerning
the
excluding
the
excommunicated
from
Religious
Assemblies
,
and
consequently
from
Prayers
and
Sacraments
in
the
time
of
the
Apostles
,
the
Instance
of
Diotrephes
will
sufficiently
remove
it
;
for
he
bearing
himself
as
a
Bishop
,
would
not
communicate
with
those
who
came
from
S.
John
,
and
if
any
did
hold
Communion
with
them
,
he
Cast
them
out
of
the
Church
,
3
Epist.
S.
John
,
ver.
10.
or
Excommunicated
them
,
by
forbidding
them
to
come
into
the
Christian
Assemblies
,
and
denying
to
them
the
participation
of
Divine
Offices
,
which
was
the
principal
part
of
the
Penalty
in
that
Exclusion
:
And
his
doing
this
to
such
as
he
counted
false-Teachers
,
and
Men
walking
disorderly
,
shews
it
was
frequently
practised
in
that
time
.
Thus
we
have
seen
how
the
Apostles
exercised
that
Authority
which
our
Lord
Jesus
gave
them
,
as
often
as
there
was
Occasion
:
And
by
what
hath
been
said
we
may
observe
,
That
they
made
Christ
Jesus
the
Author
of
this
holy
Discipline
,
and
the
Apostles
with
their
Successors
the
sole
Ministers
thereof
:
That
they
inflicted
this
Censure
for
Heresie
,
Schism
,
and
for
gross
Impieties
and
Immoralities
,
and
counted
the
Person
who
was
thus
Censured
in
a
very
deplorable
and
damnable
Condition
,
and
one
who
was
no
Member
of
the
Church
,
and
so
would
have
no
Communion
with
him
in
Civil
or
Religious
Actions
;
yet
in
all
this
they
aimed
only
at
his
Repentance
,
and
upon
unfeigned
signs
of
that
,
the
Church
Governours
were
ready
to
Absolve
him
,
and
take
him
in
again
:
which
being
the
Pattern
of
our
Excommunication
,
proves
it
to
be
of
Divine
Right
.
§
.
II.
By
what
is
Recorded
in
S.
Paul's
Epistle
to
Timothy
and
Titus
,
it
doth
appear
,
That
the
Apostles
communicated
that
Power
of
hearing
Complaints
,
and
of
rebuking
and
censuring
Offenders
,
which
they
had
received
from
Christ
,
unto
those
Persons
whom
they
fixed
as
Bishops
in
the
Churches
they
had
planted
.
And
it
was
necessary
they
should
do
so
,
because
otherwise
they
had
not
invested
them
with
sufficient
Power
to
discharge
their
Duty
,
nor
to
keep
the
Churches
committed
to
them
in
good
order
.
And
as
an
undoubted
Proof
that
the
Primitive
Bishops
,
who
succeeded
the
Apostles
,
had
this
Authority
vested
in
them
,
we
shall
now
shew
,
That
they
did
exercise
this
Power
of
the
Keys
in
the
purest
Ages
of
the
Church
,
and
declared
they
did
it
by
Commission
from
Christ
and
his
Apostles
;
which
(
considering
the
Charity
and
Integrity
of
those
Ages
)
none
can
imagine
they
would
have
pretended
,
if
it
had
not
been
really
so
.
The
first
Instance
we
shall
remark
,
is
that
famous
Excommunication
of
Aquila
of
Pontus
,
who
had
translated
the
Old
Testament
into
the
Greek
Tongue
,
and
who
was
Converted
and
Baptized
by
the
Disciples
of
the
Apostles
at
Jerusalem
,
yet
continuing
his
former
vain
belief
of
Astrology
,
and
also
drawing
Schemes
of
his
own
Nativity
,
he
was
admonished
and
rebuked
by
all
the
Doctors
of
the
Church
for
this
;
and
not
amending
,
but
rather
opposing
them
,
and
contentiously
disputing
with
them
about
Fate
,
they
cast
him
out
of
the
Church
,
as
one
unlikely
to
be
saved
,
saith
Epiphanius
[
(u)
](B20551-e19130-b)
(u)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Epiph.
de
ponder
.
&
mensuris
.
.
This
happened
about
the
year
of
Christ
120.
in
the
Reign
of
Adrian
,
and
about
twenty
years
after
S.
John's
death
.
In
which
Relation
we
note
,
First
,
That
this
Censure
was
inflicted
by
the
Doctors
of
the
Church
,
that
is
,
the
Bishops
met
(
perhaps
in
a
Synod
)
at
Jerusalem
.
Secondly
,
That
it
was
after
two
Admonitions
,
as
Christ
advised
,
Matth.
xviii
.
Thirdly
,
That
hereby
he
was
thrust
back
into
that
same
estate
he
was
in
before
his
Baptism
.
About
thirty
years
after
Cerdon
the
Heretick
came
to
Rome
in
the
time
of
Hyginus
,
An.
153.
and
at
first
confessed
his
Error
in
the
Church
,
and
lived
orderly
,
but
being
found
out
to
have
taught
it
in
secret
often
,
and
often
to
have
recanted
it
again
,
he
was
at
last
admonished
,
and
turned
out
of
the
Assembly
of
the
Faithful
[
(w)
](B20551-e19230-b)
(w)
Iren.
lib.
3.
cap.
4.
&
ex
eo
Euseb.
l.
4.
c.
11.
.
Soon
after
came
Marcion
to
Rome
also
,
whose
Father
being
Bishop
of
Sinope
in
Pontus
,
had
Excommunicated
this
Son
of
his
for
the
Crime
of
Fornication
,
and
refused
to
receive
him
in
again
:
Nor
would
the
Presbyters
of
the
Roman
Church
(
who
had
conversed
with
the
Apostles
)
receive
him
into
Communion
,
though
he
had
offered
200
Sesterces
to
their
Church
[
(x)
](B20551-e19290-b)
(x)
Epiph.
Panar
.
l.
3.
Tom.
I.
haeres.
42.
p.
135.
Tertul.
de
praescript
.
haeret
.
c.
30.
p.
212.
semel
atque
iterum
ejecti
—
novissime
in
perpetuum
dissidium
relegati
.
Tertul.
ibid.
,
but
rejected
him
and
his
Offering
also
;
which
was
in
the
time
when
Hyginus
their
Bishop
was
dead
,
An.
155.
And
Tertullian
adds
,
That
Valentinus
and
Marcion
having
been
once
and
again
cast
out
,
at
lest
they
were
for
ever
Excommunicated
by
that
Church
,
which
he
saith
was
in
the
time
of
Eleutherius
:
whose
next
Successor
Victor
,
about
the
year
192.
excommunicated
Theodotus
the
Heretick
then
living
at
Rome
,
for
denying
the
Divinity
of
our
Saviour
[
(y)
](B20551-e19400-b)
(y)
Euseb.
Hist.
l.
5.
c.
27.
p.
145.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
,
as
Eusebius
relates
:
And
had
he
exercised
this
Power
only
upon
those
of
his
own
Church
,
he
had
not
met
with
so
much
opposition
;
but
he
(
about
the
year
198.
)
Excommunicated
the
Bishops
of
Asia
,
for
not
agreeing
with
him
in
the
time
of
keeping
the
Feast
of
Easter
[
(z)
](B20551-e19450-b)
(z)
Euseb.
ibid.
l.
5.
c.
23.
p.
142.
,
which
rash
act
of
his
displeased
many
even
of
the
Western
Bishops
;
and
Irenaeus
particularly
,
who
sharply
rebukes
him
for
it
,
shewing
that
none
of
his
Predecessors
had
ever
done
such
a
thing
to
Excommunicate
Foreign
Churches
for
a
difference
only
in
a
Matter
of
Ceremony
:
yet
still
this
shews
the
practice
of
Excommunication
was
frequent
in
these
early
times
.
And
the
manner
of
inflicting
these
Censures
is
soon
after
(
An.
200.
)
described
by
Tertullian
,
who
speaking
of
the
Religious
Assemblies
of
the
Christians
,
saith
,
There
are
Exhortations
,
Rebukes
,
and
the
Divine
Censure
;
for
they
judge
with
great
Authority
,
as
being
assured
of
God's
Presence
among
them
;
so
that
if
any
so
offend
as
to
be
excluded
from
communicating
in
Prayers
,
from
the
Assemblies
,
and
from
all
Sacred
Commerce
,
it
is
a
strong
presumption
of
their
Condemnation
in
the
last
Judgment
:
The
Presidents
of
these
Assemblies
are
divers
ancient
and
approved
Persons
[
(a)
](B20551-e19500-b)
(a)
Tertul.
Apol.
c.
39.
p.
31.
.
In
which
eminent
Testimony
we
see
there
were
Admonitions
first
,
and
then
sharper
Rebukes
preceding
the
Censure
,
according
to
our
Saviour's
Method
:
And
for
the
Authority
of
these
Censures
,
it
is
expresly
said
to
be
Divine
,
and
upon
Christ's
Promise
to
be
with
those
who
met
together
on
this
occasion
in
his
Name
,
Matth.
xviii
.
20.
Tertullian
affirms
they
are
certain
of
God's
Presence
with
them
in
this
Act
;
yea
,
since
our
Lord
had
said
,
What
they
bound
on
Earth
should
be
bound
in
Heaven
,
he
reckons
that
the
last
dreadful
Judgment
will
go
according
to
this
Ecclesiastical
Sentence
.
And
as
to
the
Effect
of
this
Excommunication
on
Earth
,
the
Party
under
it
is
neither
to
come
into
the
Church
,
nor
to
pray
or
have
any
commerce
with
the
Faithful
.
Finally
,
The
Bishop
and
his
Clergy
are
the
Dispensers
of
this
Discipline
,
and
the
Governours
of
Christian
Assemblies
;
and
if
any
doubt
of
this
last
particular
,
the
same
Tertullian
speaking
of
what
was
(
in
the
Apostles
days
and
his
own
too
)
in
the
Bishops
Power
,
expresly
saith
It
was
in
his
power
to
Excommunicate
[
(b)
](B20551-e19570-b)
(b)
Ut
extra
Ecclesiam
quis
detur
—
erat
in
Praesidentis
officio
.
Tert.
de
pudicit
.
c.
14.
p.
556.
;
which
are
so
clear
Confutations
of
all
our
Innovators
in
this
Matter
,
that
these
places
alone
might
silence
them
:
Yet
there
are
more
passages
in
this
Father
to
this
purpose
:
As
where
he
saith
,
Whoredom
and
Murder
are
interdicted
,
and
the
Gladiators
are
driven
out
of
the
Church
[
(c)
](B20551-e19600-b)
(c)
Tertul.
de
Idololat.
c.
11.
p.
91.
.
And
where
he
affirms
,
That
Christians
marrying
with
Heathens
are
counted
guilty
of
Whoredom
,
and
are
to
be
excluded
from
all
Communion
with
the
Faithful
,
according
to
the
Orders
of
the
Apostle
,
who
saith
,
With
such
no
not
to
eat
[
(d)
](B20551-e19620-b)
(d)
Arcendos
ab
omni
communicatione
fraternitatis
.
Tert.
ad
uxor
.
l.
2.
c.
3.
.
And
for
other
unlawful
Lusts
,
he
saith
,
They
did
not
only
exclude
them
from
the
Church
Porch
,
but
allowed
them
not
to
come
near
that
holy
place
,
being
not
barely
Vices
,
but
monstrous
Crimes
[
(e)
](B20551-e19650-b)
(e)
Non
modò
limine
verùm
omni
Ecclesiae
tecto
submove●nus
.
Tert.
de
pudicit
.
c.
4.
p.
557.
.
And
Albáspinaeus
hath
observed
,
That
in
the
first
Ages
of
the
Church
,
Murtherers
,
Adulterers
,
Apostates
,
and
such
like
notorious
Offenders
,
were
irreversibly
Excommunicated
;
and
if
they
were
admitted
to
remain
among
the
Penitents
,
yet
they
would
not
Absolve
them
,
nor
restore
them
to
the
Communion
of
the
Church
so
long
as
they
lived
;
till
by
degrees
the
Discipline
of
the
Church
slackened
[
(f)
](B20551-e19680-b)
(f)
Albaspin
.
observ.
l.
2.
c.
8.
&c.
,
and
then
certain
years
of
Penance
were
enjoyned
those
Offenders
;
and
if
they
gave
signs
of
great
Sorrow
and
hearty
Repentance
after
that
time
,
they
were
by
certain
steps
restored
to
the
Communion
of
the
Church
.
And
now
we
have
mentioned
that
Learned
Author
,
it
may
not
be
amiss
to
hear
his
description
of
the
state
of
Excommunicate
Persons
in
these
times
of
which
we
now
speak
,
They
were
not
only
driven
from
Religious
Assemblies
,
but
all
despised
,
abhorred
,
and
fled
from
them
as
putrid
Members
,
fit
to
be
cut
off
:
It
was
counted
a
sin
to
treat
or
make
bargains
with
them
;
none
would
salute
them
,
or
call
them
Brethren
;
none
would
look
on
them
,
speak
to
them
,
or
invite
them
to
a
Meal
;
yea
,
so
strict
were
they
,
that
none
would
joyn
with
them
in
Prayers
,
to
God
[
(g)
](B20551-e19700-b)
(g)
Albaspin
.
l.
1.
obs.
1.
p.
2.
.
Which
Character
is
the
more
to
be
esteemed
,
because
he
there
proves
all
this
by
the
Canons
of
very
ancient
Councils
,
which
Excommunicate
those
who
pray
with
these
Persons
[
(h)
](B20551-e19710-b)
(h)
Apost.
Can.
10.
Laodic
.
Can.
33.
Antioch
.
1.
Can.
2.
Carthag
.
4.
Can.
73.
,
and
those
who
have
any
Conversation
with
them
,
or
be
in
the
same
House
,
or
Feast
with
them
,
or
speak
to
them
[
(i)
](B20551-e19720-b)
(i)
Antioch
.
1.
Can.
2.
Arelat.
2.
Can.
30.
Antissiod
.
Can.
39.
,
as
may
be
seen
more
at
large
in
that
Author
.
All
which
abundantly
proves
,
That
the
Christians
of
that
Time
did
look
upon
the
Excommunicate
to
be
in
a
damnable
Condition
,
and
that
they
were
odious
to
God
and
Men
:
and
though
this
may
seem
severe
,
yet
many
good
ends
were
gained
by
this
Discipline
;
for
this
tended
exceedingly
to
the
Honour
of
the
Christian
Church
,
which
thus
shewed
its
detestation
of
all
wickedness
;
and
it
was
an
excellent
means
to
bring
the
Sinners
to
a
Sense
of
their
Transgressions
,
and
a
Purpose
to
amend
,
as
well
as
to
preserve
and
warn
the
Faithful
that
they
did
not
fall
into
the
like
Crimes
,
lest
they
suffered
in
the
like
kind
.
Soon
after
this
,
the
famous
Origen
flourished
(
An.
230
)
,
Who
is
very
clear
as
to
the
exercise
of
this
Discipline
;
Affirming
,
That
among
the
Christians
some
were
ordained
to
enquire
into
the
Lives
and
Actions
of
those
who
were
admitted
,
and
such
as
did
unlawful
things
,
were
by
these
forbidden
to
come
to
their
Common
Assemblies
[
(k)
](B20551-e19760-b)
(k)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
&
p
p.
.
And
their
discipline
was
very
severe
towards
all
Sinners
,
especially
those
who
were
defiled
with
Lust
,
whom
they
drove
out
of
their
Communion
,
and
like
the
Pythagoreans
,
lamented
them
as
dead
to
God
[
(l)
](B20551-e19800-b)
(l)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Orig.
in
Cels
l.
3.
p.
142.
.
Where
these
ordained
Censors
of
Manners
are
,
no
doubt
the
Bishops
and
Clergy
,
and
the
Criminals
are
not
only
deprived
of
Sacred
but
Civil
commerce
also
,
yea
and
esteemed
as
quite
out
of
Gods
favour
,
and
dead
to
all
hopes
of
Salvation
,
while
they
remain
in
that
estate
.
The
same
Author
also
,
in
his
Homilies
frequently
mentions
this
Rite
,
telling
us
,
That
every
unclean
person
is
cast
out
of
the
Assembly
of
the
Pious
[
(m)
](B20551-e19830-b)
(m)
Orig.
hom.
8.
in
Lev.
12.
.
And
though
he
should
be
concealed
from
the
Bishop
,
or
escape
being
cast
out
by
partiality
,
yet
he
is
condemned
by
his
own
Conscience
[
(n)
](B20551-e19850-b)
(n)
Idem
hom.
12.
in
Lev.
21.
.
And
elsewhere
he
saith
,
The
Bishop
casts
one
out
of
the
Church
that
many
may
be
preserved
sound
[
(o)
](B20551-e19870-b)
(o)
Idem
hom.
9.
in
Jesai
.
13.
.
Yea
he
expresly
interprets
the
Keys
of
the
Kingdom
of
Heaven
of
this
very
Discipline
.
He
that
judges
uprightly
hath
the
Keys
of
the
Kingdom
of
Heaven
,
and
opens
to
them
that
are
absolved
on
Earth
,
so
that
they
are
loosed
in
Heaven
.
Again
,
he
shuts
to
them
who
by
right
Judgment
are
bound
on
Earth
,
so
that
they
are
as
it
were
bound
and
judged
in
Heaven
[
(p)
](B20551-e19900-b)
(p)
Idem
hom.
1
in
Matth.
16.
.
Finally
,
to
this
matter
also
he
applies
the
phrase
of
delivering
to
Sathan
[
(q)
](B20551-e19930-b)
(q)
Idem
hom.
12.
in
Matth.
20.
;
saying
,
The
Bishop
ought
sometimes
to
use
his
power
and
deliver
Sinners
to
Sathan
,
for
the
destruction
of
the
Flesh
,
that
the
Spirit
may
be
saved
.
In
all
which
places
this
learned
Father
plainly
shews
,
That
the
Excommunications
in
his
time
were
laid
on
by
the
Bishops
,
and
were
derived
from
the
Power
left
by
Christ
,
and
exercised
by
his
Apostles
;
so
that
no
doubt
he
thought
them
of
Divine
right
.
Not
long
after
him
followed
that
Excommunication
of
the
Heretick
Noetius
,
Author
of
the
Patripassian
Blasphemy
,
who
was
cited
before
the
Presbyters
of
Ephesus
(
they
having
then
no
Bishop
,
Ann.
240
)
,
and
after
two
Admonitions
,
he
and
his
Companions
persisting
in
their
Heresie
,
were
expelled
out
of
the
Church
,
and
he
and
his
Brother
continuing
obstinate
to
their
death
,
were
denyed
Christian
burial
[
(r)
](B20551-e20000-b)
(r)
Epiphan.
Panar
.
lib.
2.
Tom.
I.
haeres.
57.
p.
213.
.
Which
was
another
Ceremony
attending
these
Primitive
Excommunications
,
to
shew
the
detestation
they
had
of
them
;
and
this
continues
among
us
to
this
day
;
But
none
is
more
full
of
instances
and
clear
in
the
Divine
original
of
this
holy
Discipline
than
S.
Cyprian
,
that
blessed
Martyr
,
who
lived
about
the
Year
250.
in
his
Epistle
to
Cornelius
Bp.
of
Rome
,
he
expresses
his
joy
That
Cornelius
had
Excommunicated
Felicissimus
the
Novatian
,
and
cast
him
out
of
the
Church
there
,
who
in
Africa
long
before
had
been
cast
out
of
it
by
the
Majesty
of
God
,
and
the
severity
of
Christ
the
great
Judge
.
So
S.
Cyprian
calls
the
Censure
which
he
and
his
fellow
Bishops
had
inflicted
on
him
;
for
as
he
there
observes
,
The
Bp.
is
for
the
present
a
Judge
in
Christs
stead
,
to
whom
if
all
Christians
were
obedient
,
none
would
presume
(
after
his
Consecration
)
to
make
themselves
Judges
,
not
of
the
Bishop
,
but
of
God
[
(s)
](B20551-e20110-b)
(s)
—
Pulsum
de
Ecclesiâ
esse
,
de
quâ
jampridem
Dei
majestate
&
Christi
domini
judicis
nostri
severitate
depulsus
est
—
Sacerdos
ad
tempus
juden
vice
Christi
,
&c.
vide
Cypr.
ad
Cornel.
l.
I.
ep.
3.
.
And
a
little
after
he
mentions
Fortunatus
,
Maximus
,
Privatus
,
Foelix
,
and
Jovinus
(
Novatian
Hereticks
all
)
which
he
had
Excommunicated
and
cast
out
of
the
Church
at
Carthage
;
and
though
they
did
(
as
he
speaks
)
despise
the
Majesty
and
Censure
of
God
,
yet
he
desires
Cornelius
not
to
receive
them
into
his
Communion
;
but
to
warn
all
his
People
to
avoid
their
Company
and
Discourse
,
to
have
no
Commerce
with
them
,
no
nor
so
much
as
to
eat
with
them
;
and
for
this
he
cites
those
places
of
Scripture
which
we
have
quoted
before
,
viz.
If
he
hear
not
the
Church
,
let
him
be
to
thee
as
a
Heathen
man
,
and
a
Publican
,
Matth.
xviii
.
17.
and
Withdraw
from
every
Brother
which
walketh
disorderly
,
2
Thess.
iii.
6.
And
a
Man
that
is
an
Heretick
,
after
the
first
and
second
Admonition
reject
,
Titus
iii.
10.
So
that
we
are
not
the
first
who
have
applyed
these
places
to
Excommunication
,
but
S.
Cyprian
did
it
above
1400
years
ago
,
and
his
Exposition
may
well
be
more
authentick
than
our
yesterdays
Criticks
,
who
would
extort
some
other
meaning
from
them
.
And
since
he
is
so
clear
for
the
Divine
Right
upon
which
Excommunication
is
founded
,
we
shall
not
much
value
what
interest
and
design
hath
since
persuaded
some
to
say
to
the
Contrary
.
But
to
proceed
;
In
his
Epistle
to
Pomponius
,
the
same
S.
Cyprian
commends
him
for
Excommunicating
a
Deacon
and
others
for
Fornication
,
telling
him
,
That
if
they
were
obstinate
,
they
could
not
on
good
grounds
hope
for
Salvation
;
for
if
under
the
old
Law
,
those
who
obeyed
not
the
Priest
were
to
be
slain
with
the
material
Sword
,
doubtless
by
parity
of
reason
,
the
Proud
and
Contumacious
are
slain
with
the
Spiritual
Sword
when
they
are
cast
out
of
the
Church
;
for
there
is
no
life
out
of
it
;
since
the
House
of
God
is
but
one
,
and
there
is
no
Salvation
but
in
the
Church
[
(t)
](B20551-e20270-b)
(t)
Spirituali
gladio
superbi
&
contumaces
necantur
,
dum
de
Ecclesiâ
ejiciuntur
.
Cypr.
ad
Pompon
.
l.
1.
ep.
11.
.
Again
,
In
his
Epistle
to
Rogatianus
,
who
had
complained
to
him
of
one
of
his
Deacons
who
had
reproached
and
abused
him
,
he
bids
him
use
the
power
of
his
Honourable
Office
against
him
,
and
either
Depose
him
,
or
Excommunicate
him
,
together
with
his
Companion
in
that
Crime
[
(u)
](B20551-e20300-b)
(u)
Fungaris
circa
cum
potestate
honoris
tui
,
et
cum
vel
deponas
vel
abstineas
,
&c.
Cypr.
ad
Rogat
.
l.
3.
ep.
9.
.
Another
instance
there
is
of
Novatian
the
Heretick
,
who
was
Excommunicated
by
S.
Cyprian
and
the
African
Bishops
;
and
not
only
so
,
but
also
rebuked
and
confuted
,
yea
Excommunicated
by
all
the
holy
Bishops
of
the
whole
World
[
(w)
](B20551-e20350-b)
(w)
Novatiano
nuper
retuso
&
refutato
,
&
per
totum
orbem
à
Sacerdotibus
Dei
abstento
.
Cypr.
Stephan
.
lib.
3.
Ep.
13.
.
And
he
advises
Stephen
Bishop
of
Rome
,
to
send
Letters
into
France
,
to
declare
Marcion
Bishop
of
Arles
(
one
of
Novatus
his
followers
)
Excommunicate
,
and
that
another
might
be
put
in
his
place
[
(x)
](B20551-e20430-b)
(x)
Idem
,
ibid.
.
Which
passage
about
Novatian
or
Novatus
(
as
he
is
sometimes
called
)
is
also
in
Eusebius
,
who
saith
,
By
a
Roman
Council
of
Sixty
Bishops
,
and
more
than
so
many
Priests
,
and
by
the
Bishops
of
divers
other
Provinces
in
their
Synods
,
he
was
declared
Excommunicate
[
(y)
](B20551-e20480-b)
(y)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Euseb.
lib.
6.
cap.
35.
pag.
178.
;
And
he
also
mentions
his
Excommunication
by
the
African
Bishops
,
as
before
:
Which
Zonaras
expresseth
by
his
being
Cast
out
and
Anathematized
[
(z)
](B20551-e20530-b)
(z)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Zonar
.
in
8.
Can.
Concil.
1.
Niceen
.
,
words
of
the
same
import
with
the
former
,
and
implying
his
being
declared
Accursed
,
as
well
as
cast
out
of
the
Church
.
To
this
we
might
add
more
out
of
the
same
Father
;
as
where
he
calls
Papianus
his
judging
of
his
Bishop
,
making
himself
a
Judge
of
God
,
and
of
Christ
,
who
saith
to
his
Apostles
,
and
so
to
all
Bishops
that
succeed
them
in
that
Office
,
He
that
heareth
you
heareth
me
[
(a)
](B20551-e20570-b)
(a)
Te
judicem
Dei
constituas
,
&
Christi
qui
dicit
ad
Apostolos
,
ac
per
hoc
ad
omnes
Praepositos
qui
Apostolis
Vicariâ
Ordinatione
succedunt
,
&c.
Cypr.
Epist.
lib.
4.
Ep.
9.
.
And
where
he
saith
,
No
Man
can
have
God
for
his
Father
,
who
hath
not
the
Church
for
his
Mother
;
and
if
any
could
escape
out
of
Noahs
Ark
,
then
they
may
escape
who
are
out
of
the
Church
[
(b)
](B20551-e20610-b)
(b)
Cypr.
lib.
de
simplie
.
Praelat
.
.
But
these
are
sufficient
to
shew
that
S.
Cyprian
believed
the
Bishops
were
the
Apostles
Successors
,
and
Christs
Vice-gerents
,
and
had
their
power
from
him
to
Censure
the
disorderly
,
who
by
that
Sentence
were
put
out
of
the
Church
,
in
which
alone
Salvation
could
be
had
.
About
the
year
270
that
numerous
Council
of
Bishops
and
Clergy
assembled
at
Antioch
,
and
deposed
Paulus
Samosatenus
from
the
Bishoprick
of
that
City
for
Heresy
,
and
other
heinous
Crimes
;
yea
,
they
deprived
him
of
the
Communion
of
the
whole
Catholick
Church
under
Heaven
[
(c)
](B20551-e20660-b)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Euseb.
lib.
7.
cap.
23.
pag.
205.
;
and
when
he
would
not
yield
up
his
Possession
to
that
Successor
which
the
Council
had
placed
in
his
stead
,
they
intreated
Aurelian
,
who
was
then
Emperor
,
to
compel
him
thereunto
,
who
decreed
the
Possession
should
be
granted
to
him
whom
the
Bishops
had
chosen
[
(d)
](B20551-e20690-b)
(d)
Idem
ibid.
cap.
24.
;
for
he
(
though
an
Idolater
)
thought
it
just
,
that
he
who
would
not
obey
the
Sentence
of
those
of
his
own
Faith
,
should
be
deprived
of
having
any
part
with
them
[
(e)
](B20551-e20720-b)
(e)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Haeret.
sab.
8.
;
Where
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
signifies
a
Dividend
,
or
Share
of
the
Profits
of
the
Church
.
So
that
Mr.
Selden
might
have
spared
that
note
[
(f)
](B20551-e20760-b)
(f)
Seld.
Synedr
.
l.
1.
cap.
13.
pag.
274.
De
voce
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
vid.
Jul.
Polluc
.
l.
15.
c.
13.
,
That
this
looked
not
like
an
Opinion
of
Divine
Right
,
for
the
Bishops
to
desire
an
Heathen
Emperor
to
do
that
which
they
could
not
effect
:
For
they
had
first
rejected
this
Heretick
according
to
the
Power
given
them
by
Christ
,
and
if
he
yet
kept
possession
of
the
Church
and
the
profits
,
it
was
no
diminution
of
their
Spiritual
Power
,
to
call
in
the
Secular
Magistrate
to
compel
him
to
quit
the
place
and
temporal
advantages
;
which
is
all
that
is
meant
by
Eusebius
his
saying
,
That
he
was
with
extream
disgrace
driven
out
of
the
Church
by
the
Secular
Power
[
(g)
](B20551-e20810-b)
(g)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Euseb.
l.
7.
c.
24.
:
But
his
being
Excommunicated
by
the
Council
,
and
by
the
Judgment
of
all
the
Bishops
,
is
mentioned
also
by
Theodoret
,
who
further
observes
,
That
Lucian
,
who
was
Paulus
his
Scholar
in
this
Error
,
remained
a
long
time
Excommunicated
for
the
same
,
viz.
during
the
time
of
three
Bishops
[
(h)
](B20551-e20890-b)
(h)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Apost.
Can.
10.
.
I
will
not
trouble
my self
to
produce
any
more
instances
of
the
practice
of
this
Discipline
during
the
time
that
the
Empire
was
in
the
hands
of
Heathens
,
only
I
shall
note
what
those
famous
Apostolical
Canons
(
which
were
undoubtedly
made
in
this
Period
by
the
Primitive
Bishops
)
say
with
respect
to
this
matter
.
And
first
,
the
tenth
Canon
is
remarkable
,
which
saith
,
He
that
prays
with
an
Excommunicate
Person
,
though
it
be
in
a
private
House
,
shall
be
Excommunicated
himself
[
(i)
](B20551-e20920-b)
(i)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Can.
5.
&c.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Can.
28.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Can.
29
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Can.
51.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Can.
73.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Can.
79.
:
By
which
we
see
that
(
whatever
the
Jewish
Custom
were
)
the
Christians
renounced
all
Communion
with
the
Excommunicate
in
Religious
Offices
.
In
the
rest
of
those
Canons
there
is
frequent
mention
made
of
Excommunication
under
divers
Phrases
,
yet
to
the
same
purpose
,
viz.
Of
being
separated
,
being
wholly
cut
off
from
the
Church
,
and
wholly
cut
off
from
the
Communion
;
being
cast
out
of
the
Church
,
being
punished
with
separation
,
not
being
allowed
to
pray
with
the
Faithful
.
And
in
all
those
Canons
the
penalty
for
the
greatest
Crimes
in
the
Clergy
is
to
be
deposed
,
in
the
Laity
to
be
Excommunicated
:
And
particularly
,
He
that
receives
one
that
is
Excommunicated
in
one
City
,
when
he
comes
to
another
City
without
commendatory
Letters
,
is
to
be
Excommunicated
himself
[
(k)
](B20551-e21010-b)
(k)
Apostol.
Can.
xii
.
xiii
.
.
In
the
Case
of
Simony
,
perpetual
Excommunication
is
decreed
[
(l)
](B20551-e21030-b)
(l)
Ibid.
Can.
xxix
.
:
In
the
Case
of
Schism
,
three
Admonitions
must
precede
the
Censure
[
(m)
](B20551-e21040-b)
(m)
Ibid.
Can.
xxxi
.
.
And
none
must
absolve
but
the
same
Bishop
who
Excommunicated
[
(n)
](B20551-e21050-b)
(n)
Ibid.
Can.
xxxii
.
.
To
enter
into
a
Synagogue
of
the
Jews
,
or
a
Meeting
of
Hereticks
,
to
pray
with
them
,
is
Excommunication
[
(o)
](B20551-e21060-b)
(o)
Ibid.
Can.
Lxiv
.
.
Which
,
with
many
other
Canons
,
do
shew
that
the
Discipline
of
the
Church
was
then
strictly
observed
,
when
the
Bishops
had
no
Authority
from
Secular
Powers
,
and
when
it
was
only
the
belief
of
a
Divine
Commission
granted
to
them
,
which
prevailed
upon
the
People
to
submit
to
it
.
To
these
Canons
we
will
add
the
Council
of
Elliberis
,
which
was
held
before
Constantine
began
to
Reign
,
Anno
305.
And
in
this
Council
there
are
many
plain
Evidences
concerning
the
use
of
this
Rite
;
For
there
it
is
Decreed
,
That
Apostates
to
Idolatry
,
Murtherers
,
Adulterers
,
and
such
like
heinous
Offenders
,
should
be
Excommunicated
,
and
never
received
into
the
Church
again
,
Can.
1
,
2
,
5
,
6
,
7
,
&c.
Parents
that
marry
their
Daughters
to
Jews
or
Hereticks
,
were
to
be
Excommunicated
for
five
years
,
Can.
16.
To
be
absent
from
Church
for
three
Sundays
together
,
was
punished
with
Excommunication
,
Can.
21.
A
Convert
from
Heresie
was
to
repent
three
years
before
he
were
received
to
the
Churches
Communion
,
Can.
22.
To
keep
Idols
in
their
Houses
was
punished
with
Exclusion
from
the
Church
,
Can.
41.
And
no
Bishop
must
receive
any
Criminal
into
the
Church
,
but
he
which
cast
him
out
,
Can.
53.
These
,
with
many
other
Rules
there
prescribed
,
shew
that
Excommunication
was
the
proper
Ecclesiastical
Penalty
for
all
Crimes
,
and
that
it
was
laid
on
for
longer
or
shorter
time
,
according
to
the
nature
of
the
Offence
.
And
since
the
Bishops
who
used
these
Censures
,
were
Men
of
so
great
Integrity
and
Piety
,
and
many
of
them
Martyrs
for
the
Faith
,
we
cannot
suspect
they
would
have
falsly
assumed
a
Power
(
as
of
Divine
Right
)
which
Christ
never
gave
them
:
Nor
would
the
Faithful
have
submitted
to
the
severities
of
those
Primitive
Penances
,
nor
have
esteemed
Excommunication
so
dreadful
,
or
desired
Absolution
so
Earnestly
,
if
they
had
not
firmly
believed
that
their
Bishops
Acted
by
Authority
from
Christ
and
his
Holy
Apostles
.
And
indeed
the
Evidence
for
this
Opinion
in
this
Age
is
so
clear
,
that
Mr.
Selden
confesses
it
,
saying
,
Excommunication
was
even
then
believed
to
rely
upon
Divine
Right
,
and
express
command
of
God
[
(p)
](B20551-e21190-b)
(p)
Jure
etiam
divino
eoque
praeceptivo
eam
niti
existimatum
jam
est
.
Seld.
Synedr
.
lib.
1.
cap.
9.
pag.
139.
:
Which
Testimony
is
the
more
to
be
valued
,
because
it
comes
from
a
Man
who
with
more
Learning
than
Success
,
most
industriously
labours
to
prove
the
Primitive
Christians
mistaken
in
this
Notion
:
In
which
dispute
,
I
must
briefly
note
,
there
are
many
Evidences
of
his
partiality
:
For
first
,
when
he
professes
to
write
of
the
use
of
Excommunication
before
Constantine
,
he
spends
not
two
Pages
on
that
Copious
Subject
,
viz.
Lib.
1.
Chap.
9.
pag.
139
,
140.
and
saith
,
this
is
enough
and
too
much
;
and
so
indeed
it
is
;
enough
to
confute
his
Novel
Fancy
,
and
too
much
to
be
answered
by
those
slight
Evasions
there
made
use
of
:
For
he
spends
all
the
rest
of
that
Chapter
to
shew
the
Error
of
the
Primitive
Doctors
in
this
point
.
Secondly
,
He
would
gladly
perswade
us
that
Christian
Excommunication
was
a
Branch
of
the
Jewish
,
derived
from
it
,
and
standing
on
the
same
grounds
with
it
,
being
the
very
Transcript
of
it
:
Yet
he
grants
two
essential
differences
;
First
,
That
the
Jews
did
not
deny
Communion
in
holy
things
to
such
as
were
Excommunicated
;
but
he
owns
that
the
Christians
did
exclude
them
from
Religious
assemblies
and
Offices
,
before
the
times
of
Origen
,
Tertullian
,
and
Irenaeus
also
,
Ibid.
pag.
141.
That
is
,
as
early
as
we
have
any
Records
to
instruct
us
,
and
consequently
the
Christian
and
Jewish
Excommunication
(
if
his
supposition
as
to
the
Jews
be
true
)
differed
in
the
main
point
from
the
beginning
.
Secondly
,
He
saith
every
Private
person
among
the
Jews
could
Excommunicate
,
and
hath
not
given
one
instance
of
any
such
thing
among
Christians
,
as
any
private
Mans
assuming
this
Power
;
yet
he
pretends
he
knows
not
when
this
Custom
ceased
in
the
Christian
Church
,
which
doubtless
never
began
there
:
For
he
confesses
,
That
it
is
plain
in
Irenaeus
,
Origen
,
and
Tertullians
time
,
none
but
the
Governors
of
the
Church
could
rightly
Excommunicate
;
Seld.
Synedr
.
pag.
143.
yea
,
it
is
plain
,
That
Tertullian
saith
,
it
was
only
in
the
Presidents
power
to
Excommunicate
in
the
Apostles
days
.
As
for
that
African
Custom
of
the
Martyrs
Absolving
some
in
Prison
,
S.
Cyprian
,
who
mentions
the
practice
,
condemns
it
as
irregular
,
and
it
proceeded
only
from
a
Superstitious
conceit
of
the
interest
the
Martyrs
would
have
in
Heaven
,
after
their
decease
,
to
obtain
remission
for
the
lapsed
:
And
therefore
Albaspinaeus
observes
,
their
Absolution
was
not
thought
good
till
after
their
Martyrdom
:
But
this
usage
quickly
ceased
,
and
was
nothing
like
the
Jewish
Custom
.
We
conclude
therefore
,
that
Christian
Censures
were
not
grounded
upon
the
practice
of
the
Synagogue
.
Thirdly
,
We
must
observe
how
unseasonably
he
labours
to
pervert
those
places
of
holy
Scripture
,
which
the
Fathers
brought
to
prove
the
Divine
Right
:
That
of
Deut.
xvii
.
12.
of
putting
him
to
death
that
disobeyed
the
Priest
,
is
alledged
by
S.
Cyprian
[
(q)
](B20551-e21390-b)
(q)
Cypr.
lib.
1.
ep.
11.
,
by
S.
Hierom
,
and
S.
Augustine
also
,
only
by
way
of
allusion
;
and
they
argue
only
by
parity
of
reason
,
That
if
the
Legal
Priests
had
Temporal
,
the
Evangelical
ought
to
have
Spiritual
coercive
Power
.
The
next
place
,
viz.
Math.
xvi
.
19.
about
the
Keys
of
the
Kingdom
of
Heaven
,
he
would
evade
,
by
pretending
the
Key
is
not
an
Instrument
of
Excluding
,
&c.
whereas
all
know
it
is
the
Instrument
of
Opening
and
Shutting
;
and
he
himself
cites
Artemidorus
to
prove
it
is
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
pag.
148.
yea
,
he
grants
the
Key
is
an
Emblem
of
great
Power
and
Authority
among
the
Eastern
Nations
;
and
he
quotes
for
this
Isai.
22.22
.
pag.
147.
whence
it
follows
,
That
our
Lord
made
the
Apostles
his
Vicegerents
and
Stewards
,
and
gave
them
this
Power
to
lock
Men
up
in
the
Bonds
of
their
Sins
,
and
keep
them
out
of
the
Church
on
Earth
,
yea
,
and
out
of
the
Kingdom
of
Heaven
too
,
if
they
did
not
repent
.
Nor
will
Mr.
Selden
easily
perswade
the
World
,
that
all
those
holy
Fathers
,
who
thus
explained
this
place
,
spoke
that
which
was
not
good
Sense
.
Again
,
That
other
Text
,
Math.
xviii
.
17.
Tell
the
Church
,
he
would
have
to
signifie
,
Tell
it
to
the
Jewish
Consistory
;
as
if
our
Saviour
would
send
his
injured
Disciples
to
complain
to
their
Mortal
Foes
,
who
would
injure
them
much
more
:
And
though
he
use
a
gross
Prolepsis
in
explaining
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
in
the
Gospel
,
by
the
Talmudical
Phrases
of
later
date
,
and
by
Modern
Translations
,
yet
he
will
not
allow
an
easy
Prolepsis
to
the
Fathers
,
who
think
Christ
spake
with
respect
to
the
Christian
Church
shortly
to
be
instituted
,
and
which
was
to
continue
to
the
end
of
the
World
;
Nor
a
Common
Trope
,
by
which
the
name
of
the
Society
is
put
for
the
Governing
part
.
In
the
same
verse
,
He
labours
to
prove
that
Heathens
and
Publicans
were
not
interdicted
the
Jewish
Worship
;
now
by
Heathens
,
is
not
meant
Proselytes
,
but
Idolaters
,
the
Proselytes
being
called
by
a
gentler
Name
:
And
these
Idolatrous
Heathens
were
denied
access
to
all
parts
of
the
Temple
which
were
accounted
Holy
,
as
we
shewed
before
;
and
the
pious
Jews
would
neither
eat
nor
willingly
converse
with
them
nor
Publicans
,
often
blaming
our
Saviour
for
doing
this
,
though
only
in
order
to
their
Conversion
:
So
that
our
Lord
means
that
they
must
have
no
Conversation
with
those
who
would
not
repent
upon
the
Churches
Admonition
.
So
for
binding
and
loosing
,
Matth.
xviii
.
18.
(
which
the
Ancients
make
one
main
ground
of
Excommunication
)
he
forgets
Christs
own
Exposition
of
it
,
by
remitting
and
retaining
Sins
,
and
runs
out
into
the
later
Rabinical
Notion
of
Permitting
and
prohibiting
as
a
Teacher
;
which
cannot
be
applied
to
this
place
of
S.
Matthew
,
where
Christ
is
not
speaking
of
his
Apostles
determining
in
the
Schools
,
or
solving
Cases
of
Conscience
,
but
of
the
power
they
should
have
to
punish
contumacious
Offenders
and
injurious
Persons
.
And
though
Mr.
Selden
objects
,
it
is
not
Whosoever
ye
shall
bind
,
but
Whatsoever
;
yet
he
answers
himself
,
saying
,
That
it
is
true
,
Persons
may
be
signified
by
the
Neuter
Gender
:
pag.
159.
Finally
,
For
his
Fancy
that
the
force
of
Excommunication
depended
on
private
Pacts
among
the
Christians
;
it
is
not
to
be
imagined
that
Murderers
and
Adulterers
,
perjured
Persons
and
Apostates
,
would
have
scrupled
breaking
these
parts
,
or
have
been
so
terrified
and
dejected
by
an
Excommunication
,
if
it
had
only
relied
on
their
own
promise
to
obey
it
.
I
grant
indeed
,
the
Christians
did
vow
in
Baptism
and
the
Eucharist
,
to
observe
Christs
Commands
,
and
submit
to
his
Injunctions
,
among
which
doubtless
they
reckoned
this
so
much
reverenced
Discipline
,
to
which
they
were
subject
,
for
that
they
believed
it
to
be
exercised
in
Christs
Name
,
and
by
vertue
of
his
Authority
:
We
conclude
therefore
,
That
Mr.
Selden
hath
gained
nothing
by
this
prolix
Excursion
,
but
only
to
convince
us
that
he
wished
Excommunication
were
not
of
Divine
Right
,
though
he
be
not
able
to
prove
it
;
And
no
question
we
are
much
safer
in
believing
with
those
Holy
Primitive
Bishops
,
who
might
know
the
mind
of
Christ
,
and
the
practice
of
the
Apostles
much
better
than
our
Modern
Criticks
,
and
who
are
more
likely
to
tell
us
the
Truth
,
than
those
who
espouse
a
Party
,
and
serve
Ends
of
Revenge
,
for
Censures
not
undeservedly
laid
upon
them
.
§
.
III.
Our
next
Enquiry
as
to
practice
is
,
Whether
this
Rite
of
Excommunication
was
used
and
believed
of
Divine
Right
after
the
Empire
became
Christian
:
And
this
we
must
do
the
more
largely
to
confute
the
Error
of
Erastus
(
espoused
also
by
Mr.
Selden
)
who
attempts
to
prove
,
That
in
a
Christian
State
there
is
no
need
of
any
such
thing
as
a
power
of
Excommunication
in
the
Church-men
,
because
the
Magistrate
now
may
punish
all
Crimes
;
and
that
it
was
only
for
Want
of
this
blessing
of
Christian
Magistrates
which
forced
the
Primitive
Bishops
to
use
Excommunication
.
To
which
Mr.
Selden
adds
,
That
after
the
Empire
became
Christian
,
the
Bishops
derived
their
Power
to
Excommunicate
from
the
Princes
Grant
.
There
is
no
better
way
to
find
out
the
truth
herein
,
than
to
consult
the
Records
of
those
Ages
,
and
to
enquire
into
the
Opinion
of
the
most
eminent
Fathers
after
Constantines
time
,
and
into
the
practice
of
those
Ages
which
retained
the
Primitive
purity
.
And
though
we
cannot
bring
in
all
things
of
this
kind
between
the
years
300.
and
500.
(
for
that
would
be
to
write
a
Church
History
,
not
a
Discourse
upon
one
single
point
)
Yet
we
will
remark
that
which
is
sufficient
to
baffle
this
modern
and
ill
grounded
Conceit
.
And
first
,
Whereas
it
is
most
certain
that
the
Bishops
did
Excommunicate
in
Constantine's
time
,
yet
no
Writer
of
that
Age
doth
affirm
they
did
it
by
any
Power
from
the
Emperor
;
and
Mr.
Selden
out
of
his
vast
stock
of
reading
(
at
this
dead
lift
)
could
not
bring
one
single
Memorial
of
the
Emperors
giving
the
Bishops
a
Power
to
Excommunicate
in
all
this
Period
of
time
.
'T
is
true
,
these
first
Christian
Emperors
,
and
Constantine
particularly
,
did
Ordain
,
That
if
any
Litigants
desired
to
have
their
causes
tried
before
the
Bishops
,
they
might
leave
the
Secular
Tribunal
,
and
that
the
Bishops
Sentences
should
be
firm
,
and
of
more
Authority
than
those
of
other
Judges
,
yea
,
as
valid
as
if
they
were
delivered
by
the
Emperor
himself
.
As
also
,
that
the
Magistrates
and
their
Officers
should
execute
their
Sentences
,
and
that
the
Decrees
of
their
Councils
should
be
Valid
[
(r)
](B20551-e21750-b)
(r)
Sozomen
.
hist.
Eccles.
lib.
1.
cap.
9.
p.
206.
Circa
An.
314.
Vide
Cod.
Theodos
.
l.
16.
Tit.
2.
in
fine
.
.
Which
Law
doth
indeed
give
them
a
New
Power
not
granted
by
Christ
,
but
never
mentions
Excommunication
;
Yea
,
it
ordains
that
these
Sentences
should
be
executed
by
another
method
,
even
by
the
Civil
Magistrate
and
his
Officers
.
Mr.
Selden
indeed
produces
another
Law
(
as
if
it
were
a
Repeal
of
this
)
in
the
time
of
Valens
,
Gratian
,
and
Valentinian
,
Ann.
376.
above
60.
years
after
.
But
that
Law
seems
to
except
only
Criminal
Actions
from
the
Bishops
Cognizance
[
(s)
](B20551-e21800-b)
(s)
Vid.
Seld.
Synedr
.
l.
1.
cap.
10.
p.
187.
.
And
if
we
consider
the
complaints
of
the
good
Bishops
in
that
Age
,
who
were
burthened
with
divers
Civil
Causes
,
or
look
upon
those
Laws
of
Arcadius
and
Honorius
[
(t)
](B20551-e21830-b)
(t)
Cod.
Justin
.
lib.
1.
Tit.
4.
de
Epist.
Aud.
L.
7.
An.
398.
&
L.
8.
An.
408.
,
and
of
Honorius
and
Theodosius
,
which
allow
Men
to
chuse
Bishops
for
deciding
their
Civil
Causes
,
and
declare
their
Sentence
to
be
firm
and
Valid
,
We
shall
easily
perceive
that
Constantines
Law
was
never
repealed
,
nor
this
practice
difused
.
But
this
doth
not
at
all
belong
to
Excommunication
,
which
Power
the
Bishops
exercised
by
the
virtue
of
Christs
Commission
in
cases
of
Heresy
and
Scandal
,
and
that
not
by
consent
of
the
Parties
,
as
they
did
this
Power
of
decision
of
Civil
Causes
.
So
that
Mr.
Selden
ought
not
to
make
Excommunication
depend
.
on
these
grants
:
For
the
Emperors
Authority
did
not
precede
,
but
follow
the
Bishops
Act
in
Excommunication
;
so
that
if
the
person
Censured
proved
obstinate
or
troublesome
,
he
was
Banished
or
Imprisoned
by
the
Imperial
Power
.
As
we
see
in
the
Case
of
the
Arians
,
who
were
Excommunicated
by
the
first
General
Council
of
Nice
;
and
the
Emperor
Constantine
did
Ordain
,
That
those
who
submitted
not
to
the
Decree
of
the
Council
,
should
be
banished
[
(u)
](B20551-e21940-b)
(u)
Sozom
Eccles.
hist.
lib.
1.
cap.
19.
p.
221.
.
And
that
the
Bishops
did
exercise
this
Power
in
their
own
right
,
as
derived
from
Christ
,
is
manifest
from
the
whole
History
of
that
Age
;
Arius
himself
,
and
all
his
Associates
,
were
Excommunicated
at
Alexandria
,
first
by
Peter
,
and
then
by
Alexander
the
Bishops
of
that
City
[
(w)
](B20551-e22000-b)
(w)
Idem
ibid.
Cap.
14.
p.
215.
,
before
any
application
was
made
to
the
Emperors
,
and
before
the
Nicene
Council
was
Called
:
And
that
most
famous
Council
,
in
almost
every
Canon
,
supposes
the
Bishop
to
be
the
Judge
of
such
as
are
to
be
kept
out
,
and
such
as
are
to
be
let
into
the
Church
.
And
those
Holy
Fathers
do
decree
concerning
Penitents
and
lapsed
Persons
,
according
to
the
ancient
usage
of
Ecclesiastical
Discipline
under
Heathen
Emperors
,
without
any
alteration
made
upon
the
account
of
Constantine's
being
a
Christian
;
Making
the
Bishop
the
sole
Judge
of
the
time
of
Excluding
these
Offenders
from
Communion
in
Sacred
Offices
.
To
this
we
may
add
that
Accurate
Scheme
of
the
admirable
Discipline
of
these
Primitive
Ages
,
which
is
described
in
the
Canonical
Epistles
of
Gregory
Thaumaturgus
,
S.
Basil
,
and
others
of
the
Primitive
Bishops
:
By
which
we
see
,
that
such
as
were
first
Excommunicated
by
the
Bishops
for
Fornication
,
Adultery
,
Murder
,
Perjury
,
Apostasie
,
and
other
Crimes
[
(x)
](B20551-e22050-b)
(x)
Vid.
Leonem
Allatium
de
Narthece
Vet.
Eccl.
§.
19.
p.
94.
Et
Bevereg
.
Not.
ad
.
Can.
xi
.
Concil.
Nicaen
.
Tom.
2.
p.
72.
,
were
by
various
steps
and
Degrees
admitted
to
the
peace
of
the
Church
,
and
the
participation
of
Holy
Offices
again
,
although
they
did
begin
to
be
sensible
of
their
Crimes
.
For
they
made
four
Orders
of
these
Penitents
.
First
,
The
Mourners
,
who
stood
without
the
Church
,
Lamenting
their
Sins
in
Sackcloth
and
Ashes
,
kneeling
down
to
the
Priests
and
Faithful
,
who
went
in
,
and
begging
their
Prayers
for
them
.
When
they
had
continued
under
this
severe
Discipline
one
or
more
years
,
according
to
the
nature
of
their
offence
,
they
were
then
let
in
to
the
Church-Door
,
and
stood
there
below
among
the
Catechumens
,
and
heard
the
Scriptures
read
and
Preached
(
whence
they
were
called
,
Hearers
)
;
and
then
these
were
excluded
out
of
the
Church
for
some
Years
.
After
this
they
were
admitted
into
the
lower
part
of
the
inner
Temple
,
where
the
Faithful
stood
,
but
so
as
that
they
were
to
fall
down
prostrate
to
beg
Pardon
of
the
Bishop
(
and
therefore
they
were
called
the
Prostrate
)
and
these
also
were
sent
away
after
the
Prayer
for
Penitents
was
said
over
them
.
Lastly
,
The
Bishop
admitted
them
to
stand
up
among
the
Faithful
,
and
stay
all
the
time
of
Prayers
among
them
;
Yet
so
as
they
were
still
excluded
from
the
Participation
of
the
holy
Sacrament
,
and
these
were
called
The
Standers
up
:
In
which
state
having
continued
a
while
,
they
were
Absolved
,
and
admitted
to
full
Communion
,
by
partaking
of
the
blessed
Eucharist
.
Now
this
whole
description
of
these
Orders
of
Penitents
,
which
is
so
frequently
mentioned
in
all
the
Authors
of
this
Age
,
that
we
cannot
understand
any
of
them
without
the
knowledge
of
it
;
I
say
,
all
this
was
determined
only
by
Ecclesiastical
Canons
,
and
by
the
Bishops
Authority
,
without
any
Grant
from
the
Emperors
,
yet
it
was
freely
submitted
to
by
all
good
Christians
;
and
is
an
unanswerable
proof
,
That
the
whole
Church
did
then
believe
Bishops
had
Power
from
God
to
expel
Offenders
from
Sacred
Assemblies
and
Offices
,
and
that
they
only
could
bind
and
loose
:
This
shews
they
doubted
not
,
but
that
such
as
were
Excommunicated
by
the
Bishop
,
were
in
danger
of
damnation
,
and
till
they
became
Penitent
,
were
as
Heathens
and
Publicans
,
and
in
a
worse
Estate
than
the
new
Converts
not
yet
Baptized
.
And
since
this
Discipline
began
before
the
Empire
was
Christian
,
and
continued
long
after
it
,
without
any
Grant
from
the
Secular
Powers
,
it
follows
,
That
it
was
Founded
Originally
on
a
Divine
Right
,
which
great
Truth
we
will
now
further
confirm
from
the
Practice
and
Opinion
of
the
most
eminent
Holy
Bishops
of
these
Ages
.
St.
Athanasius
Bishop
of
Alexandria
,
Excommunicated
one
of
the
Emperors
Prefects
,
who
did
much
oppress
the
Churches
of
Libya
,
and
certified
S.
Basil
of
it
by
his
Letter
;
whereupon
S.
Basil
also
excommunicated
the
same
Person
in
his
Church
[
(y)
](B20551-e22150-b)
(y)
Baron
.
Annal.
An.
Dom.
370.
.
Where
we
may
observe
the
Custom
of
Bishops
sending
Epistles
to
other
Churches
,
that
they
also
might
avoid
the
Communion
of
such
as
they
had
Excommunicated
;
Of
which
we
have
a
memorable
instance
in
S.
Augustine
,
who
Excommunicated
Primianus
the
Donatist
,
and
sent
his
Tractatorian
Letter
to
all
his
fellow
Bishops
to
avoid
him
[
(z)
](B20551-e22200-b)
(z)
Conducibile
existimavimus
omnes
Sanctos
consacerdotes
,
&c.
—
hâc
nostrâ
Tractatoriâ
commonere
ut
omnes
Primiani
Communionem
—
diligenti
curâ
horreant
.
Aug.
Conc.
2.
in
Psal.
36.
Vide
item
Epist.
162.
.
For
he
that
was
censured
and
excluded
in
one
Church
,
was
so
in
all
,
and
not
to
be
admitted
into
Communion
again
,
without
the
consent
of
him
that
first
cast
him
out
.
About
this
time
lived
that
famous
Bishop
Gregory
Nyssen
,
who
is
very
clear
for
the
Divine
Right
of
Excommunication
,
saying
,
Do
not
believe
that
Excommunication
is
a
piece
of
Episcopal
presumption
,
for
it
is
a
Law
of
our
Fathers
,
an
ancient
Order
of
the
Church
,
beginning
from
the
Law
of
Moses
,
and
was
Established
in
the
Gospel
[
(a)
](B20551-e22250-b)
(a)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Greg.
Nyssen
.
Orat.
de
Castigat
.
.
Where
we
see
it
is
evidently
affirmed
,
That
though
it
had
been
Practised
under
the
Law
,
yet
it
was
Established
under
the
dispensation
of
Grace
,
and
on
that
ground
always
used
in
the
Church
before
his
time
.
And
here
we
cannot
but
note
Mr.
Selden's
partiality
,
who
designing
to
make
this
a
proof
that
Christian
Excommunications
were
derived
from
the
Jews
,
translates
the
last
words
[
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
]
quae
à
lege
traxit
originem
,
et
in
gratiâ
obtinuit
[
(b)
](B20551-e22310-b)
(b)
Seld.
Synedr
.
l.
1.
cap.
10.
p.
226.
,
contrary
to
the
plain
Sense
of
the
phrases
,
and
the
meaning
of
that
Father
;
who
doth
not
say
it
had
its
Original
from
the
Law
,
and
obtained
under
the
Gospel
,
but
only
that
it
began
under
the
Law
,
and
was
confirmed
or
established
in
the
Gospel
.
S.
Ambrose
lived
not
long
after
,
viz.
An.
380.
And
he
speaking
of
the
Power
of
absolving
Penitents
,
saith
,
Christ
granted
this
to
his
Apostles
,
which
from
the
Apostles
is
transmitted
to
the
Episcopal
Office
[
(c)
](B20551-e22350-b)
(c)
Ambros
.
de
poenit
.
l.
2.
cap.
2.
Tom.
4.
p.
403.
.
And
adds
,
The
Prodigal
which
went
into
a
far
Country
,
is
he
that
is
separated
from
the
Holy
Altar
,
for
he
is
removed
from
Hierusalen
that
is
in
Heaven
,
and
from
being
a
Fellow-Citizen
with
the
Saints
,
and
of
the
Houshold
of
God
[
(d)
](B20551-e22380-b)
(d)
Ibid.
Cap.
3.
p.
404.
.
Again
he
notes
,
That
it
is
the
part
of
a
good
Bishop
to
labour
to
heal
the
weak
,
and
to
take
away
spreading
Ulcers
;
to
scorch
some
,
rather
than
take
them
wholly
away
;
Yet
finally
,
what
cannot
be
healed
,
to
cut
it
off
with
grief
[
(e)
](B20551-e22400-b)
(e)
de
Officijs
l.
2.
cap.
27.
Tom.
4.
p.
61.
.
So
that
he
reckons
this
properly
and
only
the
Bishops
Office
.
Yea
,
to
shew
how
little
he
thought
this
Power
was
derived
from
the
Emperors
,
it
is
well
known
that
he
did
interdict
the
Emperor
Theodosius
from
the
Communion
for
some
time
,
telling
him
,
That
after
the
bloody
slaughter
of
so
many
Men
,
He
ought
to
submit
to
that
Bond
,
which
by
the
Sentence
of
God
above
,
was
laid
upon
him
,
being
a
Bond
that
was
medicinal
,
and
designed
for
his
Cure
:
Which
advice
the
good
Emperor
submitted
to
,
and
returned
very
penitent
to
his
Palace
;
for
he
had
been
brought
up
in
the
knowledge
of
Gods
Word
,
and
understood
what
was
properly
the
Office
of
a
Bishop
,
and
what
was
the
Office
of
a
King
[
(f)
](B20551-e22430-b)
(f)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Theodoret.
Histor.
lib.
5.
cap.
17.
pag.
158.
.
They
are
the
words
of
Theodoret
,
and
shew
,
that
Excommunication
was
then
known
to
be
no
part
of
the
Princes
Office
,
but
only
of
the
Priests
,
and
that
by
Authority
given
them
from
God
;
whence
the
same
Historian
saith
,
That
the
Emperor
a
while
after
lamented
,
because
he
was
not
only
excluded
from
the
Church
,
but
from
Heaven
it self
,
since
Christ
had
declared
,
What
they
bound
on
Earth
should
be
bound
in
Heaven
[
(g)
](B20551-e22470-b)
(g)
Idem
ibidem
.
:
So
that
no
doubt
,
the
Emperor
who
believed
this
,
did
think
Excommunication
was
of
Divine
Right
,
and
founded
upon
the
same
Text
we
now
alledge
for
it
.
Yet
that
none
may
think
this
Instance
favours
the
bold
Fact
of
later
Popes
in
Excommunicating
Soveraign
Princes
,
and
then
Absolving
their
Subjects
from
their
Allegiance
to
them
;
We
must
observe
that
S.
Ambrose
did
then
offer
to
suffer
quietly
if
the
Emperor
would
oppose
his
Sentence
;
nor
did
he
pretend
either
to
use
force
against
him
,
or
allow
any
to
do
so
:
But
went
in
a
way
of
perswasion
,
and
advised
him
to
submit
to
this
,
which
was
only
a
Spiritual
Penalty
for
his
Souls
health
:
And
he
was
only
under
the
least
kind
of
Excommunication
,
and
barely
suspended
from
receiving
the
Sacrament
.
So
also
Pope
Innocent
dealt
with
Arcadius
and
Eudoxia
for
the
injuries
they
had
done
to
S.
Chrysostom
,
Interdicting
them
in
this
Gentle
Form
,
I
the
meanest
of
all
,
and
a
Sinful
Man
,
to
whom
the
Throne
of
S.
Peter
is
now
given
,
do
separate
and
reject
you
and
your
Empress
from
partaking
of
the
Immaculate
Mysteries
of
our
Lord
Christ
[
(h)
](B20551-e22540-b)
(h)
Michael
Glycas
Annal.
par.
3.
An.
407.
.
This
was
all
:
And
this
is
far
from
giving
countenance
to
that
impious
usage
of
the
later
Popes
,
who
have
Anathematized
Soveraign
Princes
,
and
stirred
up
Foreign
Force
against
them
,
as
well
as
incited
their
own
Subjects
to
Perjury
and
Rebellion
;
yea
,
to
Murder
them
,
and
take
their
Kingdoms
from
them
;
Which
is
to
turn
the
Spiritual
into
a
Carnal
Sword
,
and
prostitute
a
Divine
Institution
to
serve
the
ends
of
Avarice
,
Injustice
,
and
Ambition
;
Yea
,
to
use
it
to
quite
contrary
purposes
than
Christ
intended
it
for
,
viz.
to
make
it
to
serve
for
Destruction
,
and
not
for
Edification
.
But
though
this
accursed
practice
receive
no
advantage
from
these
Instances
,
yet
they
do
abundantly
prove
That
Bishops
in
this
Age
did
not
(
as
Mr.
Selden
would
perswade
us
)
derive
their
Power
to
Excommunicate
from
the
Emperors
being
Pontifices
maximi
,
and
so
from
their
Grants
.
To
proceed
,
S.
Chrysostom
flourished
about
this
time
,
An.
390.
and
we
are
to
enquire
into
his
Opinion
,
the
rather
because
some
have
pretended
he
was
against
the
use
of
Excommunication
.
'T
is
true
he
hath
an
Oration
with
this
Title
,
Concerning
the
unfitness
of
Anathematizing
the
living
or
the
dead
[
(i)
](B20551-e22610-b)
(i)
Chrysost.
Tom.
6.
hom.
37.
pag.
439.
;
In
which
he
severely
inveighs
against
the
rash
use
of
this
dreadful
Curse
,
which
he
thinks
the
Apostles
used
not
against
Persons
,
but
Opinions
:
And
indeed
in
the
best
Ages
of
the
Church
,
the
accursing
particular
Persons
was
very
rare
,
and
this
highest
sort
of
Excommunitating
by
Anathema's
(
so
much
used
by
the
Roman
Church
)
against
particular
Men
,
is
seldom
to
be
met
with
,
and
accordingly
it
is
totally
disused
by
the
Church
of
England
,
as
not
well
agreeing
with
the
Spirit
of
Christianity
,
Luk.
ix
.
55.
nor
with
the
Primitive
Practice
:
It
sufficeth
us
,
as
it
did
generally
satisfie
the
Ancient
Christians
,
to
exclude
notorious
Offenders
from
Sacred
Offices
and
Assemblies
,
till
they
repent
.
And
against
this
sort
of
Excommunication
S.
Chrysostom
had
no
Objection
,
for
he
himself
practised
it
in
divers
Cases
,
as
the
History
of
his
Life
shews
,
and
particularly
in
the
Case
of
Eudoxia
the
Empress
,
to
whom
he
denyed
access
to
the
Church
,
because
being
admonished
to
restore
a
Widows
Vineyard
unjustly
taken
away
,
she
refused
it
[
(k)
](B20551-e22670-b)
(k)
Baron
.
Annal.
An.
401.
§.
9.
.
And
for
his
Opinion
Mr.
Selden
says
,
That
S.
Chrysostom
,
as
well
as
the
other
Fathers
of
this
Age
,
doth
often
own
and
admit
the
use
of
Excommunication
[
(l)
](B20551-e22710-b)
(l)
Seld.
de
Synedr
.
lib.
1.
cap.
10.
pag.
212.
;
Yea
he
reckons
it
of
Divine
Right
,
for
he
saith
,
concerning
Binding
and
loosing
,
Matth.
xviii
.
What
greater
honour
can
be
given
to
the
Church
than
this
,
when
Heaven
it self
takes
the
beginning
of
its
Judgment
from
Earth
?
The
Judge
sits
on
Earth
,
the
Master
follows
the
Servant
,
and
what
he
judges
below
,
his
Lord
ratifies
above
[
(m)
](B20551-e22740-b)
(m)
Chrysost.
hom.
5.
in
Jesaiam
,
Tom.
V.
pag.
152.
.
Again
,
he
explains
the
Leaven
,
which
S.
Paul
orders
the
Church
of
Corinth
to
purge
out
,
to
be
an
Advice
to
Bishops
,
who
suffer
much
of
the
old
Leaven
to
remain
within
,
when
they
do
not
cast
out
of
their
Borders
,
that
is
,
out
of
the
Church
,
the
Covetous
and
Extortioners
,
and
such
as
shall
be
excluded
out
of
the
Kingdom
of
God
[
(n)
](B20551-e22780-b)
(n)
Idem
Tom.
III.
hom.
15.
in
1
Cor.
pag.
337.
:
Which
,
by
the
way
,
gives
the
reason
of
his
strict
proceeding
against
Eudoxia
.
And
elsewhere
speaking
of
the
Discipline
and
Worship
used
in
his
time
,
he
saith
,
They
expelled
those
out
of
the
holy
Place
,
who
could
not
partake
of
the
Lords
Table
[
(o)
](B20551-e22810-b)
(o)
Chrysostom
.
Tom.
III.
hom.
18.
in
2
Cor.
pag.
647.
.
Again
,
he
threatens
those
who
gave
scandal
to
Infidels
by
their
excessive
mourning
for
the
dead
(
making
them
think
the
Christians
did
not
believe
the
Resurrection
)
that
he
would
proceed
against
them
by
Ecclesiastical
Censures
,
if
they
did
not
amend
upon
his
Admonitions
;
citing
that
method
of
proceeding
which
Christ
prescribes
,
Matth.
xviii
.
15
,
16
,
17.
for
his
Commission
,
bidding
them
remember
the
power
of
binding
and
loosing
which
Christ
had
granted
to
him
,
ver.
18.
and
not
dare
to
despise
the
Bonds
of
Church
Censures
;
For
,
(
saith
he
)
it
is
not
a
Man
which
binds
,
but
Christ
which
gave
us
this
power
,
and
entrusted
Men
with
this
Priviledge
;
even
as
(
saith
he
a
little
after
)
when
a
Prince
orders
his
Officer
to
bind
a
Criminal
,
it
is
not
the
Officer
,
but
the
Prince
which
truly
binds
the
Offender
[
(p)
](B20551-e22890-b)
(p)
Idem
hom.
4.
in
Epist.
ad
Hebr.
Tom.
IV.
pag.
455.
.
This
is
so
direct
and
full
to
our
purpose
,
that
we
need
not
seek
any
further
to
assure
us
That
S.
Chrysostom
did
believe
the
power
of
Excommunication
was
from
Christ
,
and
that
it
was
granted
only
to
the
Bishops
and
was
of
great
use
in
the
Church
.
Many
more
passages
in
him
do
confirm
these
Truths
;
but
omitting
them
,
we
go
on
to
his
Contemporary
S.
Hierom
,
who
fully
agrees
with
him
in
this
Opinion
:
For
speaking
of
the
Clergy
,
as
they
are
distinct
from
the
Laity
,
he
saith
,
God
forbid
I
should
speak
evil
of
these
who
succeed
the
Apostles
,
and
consecrate
the
Body
of
Christ
with
their
Mouths
,
who
make
us
Christians
,
and
having
received
the
Keys
of
the
Kingdom
of
Heaven
,
do
in
a
sort
judge
before
the
day
of
Judgment
.
And
soon
after
he
saith
,
They
have
power
to
deliver
a
man
to
Sathan
for
the
destruction
of
the
Flesh
,
that
the
Spirit
may
be
saved
in
the
day
of
the
Lord
Jesus
[
(q)
](B20551-e22940-b)
(q)
Hieron
.
ad
.
Heliodor
.
ep.
1.
Tom.
l.
pag.
5.
.
Where
we
may
note
,
That
though
some
fancy
the
delivering
to
Sathan
proper
to
the
Apostles
time
,
yet
even
when
the
miraculous
Penalty
on
the
Offenders
Body
was
ceased
,
the
Fathers
still
called
Excommunication
by
this
Name
,
as
S.
Hierom
doth
here
.
And
so
Origen
before
him
saith
,
A
man
is
delivered
into
the
power
of
the
Devil
when
his
fault
is
manifest
,
and
the
Bishop
drives
him
out
of
the
Church
,
that
being
observed
by
all
,
he
may
be
ashamed
and
converted
,
so
that
at
length
his
Soul
may
be
saved
in
the
day
of
the
Lord
Jesus
[
(r)
](B20551-e22980-b)
(r)
Origen
.
hom.
2.
in
libr.
Judic
.
.
And
we
may
also
here
remark
,
That
all
those
places
which
we
produced
before
out
of
Scripture
to
prove
the
Divine
Right
of
Excommunication
,
are
so
expounded
and
applied
by
the
Fathers
.
But
to
proceed
with
S.
Hierom
,
He
having
declared
Vigilantius
an
Heretick
,
wonders
very
much
,
Why
he
was
not
Excommunicated
by
his
own
Bishop
[
(s)
](B20551-e23010-b)
(s)
Hieron
.
ep.
53.
advers.
Vigil
.
Tom.
II.
pag.
154.
.
And
speaking
of
John
Bishop
of
Hierusalem
,
who
had
undeservedly
censured
(
as
he
thought
)
some
who
held
the
right
Faith
,
he
there
informs
us
wherein
the
Censure
did
consist
:
For
he
saith
,
that
this
Bishop
had
prohibited
them
to
enter
into
the
Church
,
and
forbid
any
to
receive
them
into
their
Houses
while
they
lived
,
or
to
bury
them
when
they
were
dead
[
(t)
](B20551-e23050-b)
(t)
Hieron
.
adv.
error
.
Joan.
Hi.
Tom.
II.
pag.
258.
.
In
another
place
he
reckons
this
Censure
to
be
from
the
Lord
,
saying
,
If
we
be
cast
out
of
the
Congregation
of
our
Brethren
,
and
out
of
the
House
of
God
for
any
Sin
,
we
ought
not
to
resist
,
but
to
bear
the
Sentence
patiently
,
and
to
say
with
the
Prophet
,
I
will
bear
the
Indignation
of
the
Lord
,
Mich.
vii
.
9.
[
(u)
](B20551-e23070-b)
(u)
Idem
in
Ezek.
lib.
5.
Tom.
IV.
pag.
844.
.
And
in
another
place
he
tells
us
,
That
it
was
the
Custom
in
his
Time
for
the
Bishops
to
expel
out
of
the
Church
,
Fornicators
,
Adulterers
,
Murtherers
,
and
other
vicious
persons
[
(w)
](B20551-e23090-b)
(w)
Idem
Com.
in
Tit.
cap.
3.
Tom.
VI.
p.
466.
.
These
,
with
many
more
places
in
this
Father
,
do
still
confirm
our
Opinion
of
the
practice
and
the
Original
of
Excommunication
.
To
him
we
may
add
S.
Augustine
,
who
grew
Eminent
for
his
Learning
and
Piety
about
the
year
410.
And
he
interdicted
his
friend
Bonifacius
,
a
Count
of
the
Empire
,
from
the
Communion
,
for
taking
a
Criminal
by
force
from
the
Altar
,
before
the
Bishop
had
seen
him
;
and
the
Count
owns
his
fault
with
sorrow
,
and
sending
the
Man
to
S.
Augustine
,
begs
his
Pardon
,
and
intreats
he
may
not
be
shut
out
of
the
Church
,
nor
his
Oblation
rejected
which
he
had
made
[
(x)
](B20551-e23130-b)
(x)
Augustin
.
Epist.
187
,
&
188.
Tom.
II.
pag.
166.
(b)
.
.
In
another
place
he
saith
,
It
was
usual
for
offenders
in
the
Church
,
to
be
removed
from
the
Sacrament
of
the
Altar
by
Ecclesiastical
Discipline
[
(y)
](B20551-e23160-b)
(y)
Idem
de
Genes.
ad
literam
lib.
11.
cap.
40.
Tom.
III.
pag.
152.
(b)
.
.
And
again
,
to
shew
the
Custom
was
universal
,
he
tells
us
,
Men
must
repent
of
Sins
after
Baptism
,
that
if
they
be
Excommunicated
they
may
be
received
again
;
as
they
which
are
properly
called
Penitents
do
in
all
the
Churches
[
(z)
](B20551-e23190-b)
(z)
Id.
ep.
108.
Tom.
II.
pag.
105.
(a)
:
.
Yea
,
he
grounds
the
right
of
Excommunication
upon
the
express
commands
of
Christ
,
and
of
his
holy
Apostles
,
affirming
,
That
as
Phineas
under
the
Law
slew
the
Adulterers
,
so
now
the
visible
Sword
is
ceased
from
the
Church
,
we
do
the
same
thing
by
Excommunication
[
(a)
](B20551-e23220-b)
(a)
Idem
de
fide
&
oper.
cap.
2.
Tom.
IV.
pag.
13.
;
which
in
another
place
,
he
saith
,
doth
the
same
under
the
Gospel
,
as
putting
to
death
did
under
the
Law
[
(b)
](B20551-e23240-b)
(b)
Id.
quaest.
in
Deut.
lib.
5.
Tom.
IV.
pag.
62.
.
Again
,
he
reckons
up
three
deadly
Sins
which
are
especially
to
be
punished
with
Excommunication
,
Uncleanness
,
Apostasie
and
Murder
[
(c)
](B20551-e23250-b)
(c)
Idem
de
fide
&
oper.
cap.
19.
.
And
for
his
Sense
of
the
efficacy
of
this
Divine
Sentence
,
he
teacheth
,
That
When
the
Church
doth
Excommunicate
,
the
person
is
bound
in
Heaven
;
and
when
he
is
restored
by
the
Church
,
this
reconciliation
makes
him
loosed
in
Heaven
[
(d)
](B20551-e23270-b)
(d)
Idem
Tract
.
in
Johan
.
50.
Tom.
IX
.
pag.
80.
(b)
.
.
Which
he
proves
by
Christs
promise
to
S.
Peter
,
and
in
him
to
the
whole
Church
,
as
S.
Augustine
there
observes
,
And
to
the
same
purpose
in
another
place
,
The
Church
which
is
founded
on
Christ
,
did
from
him
,
in
Peter
,
receive
the
Keys
of
the
Kingdom
of
Heaven
,
that
is
,
the
power
of
binding
and
loosing
Sins
[
(e)
](B20551-e23330-b)
(e)
Idem
Tract.
124.
ibid.
p.
123.
.
And
it
is
observable
,
that
this
Eminent
Father
always
grounds
Excommunication
upon
the
power
of
Binding
and
Loosing
,
which
Christ
gave
the
Church
:
As
in
that
Epistle
where
he
reproves
a
young
Bishop
,
Auxilius
,
for
Excommunicating
a
whole
Family
for
the
Masters
fault
,
by
which
means
(
as
S.
Augustine
notes
)
if
a
Child
should
be
born
in
that
House
,
it
could
not
be
baptized
,
no
not
though
it
were
in
danger
of
Death
;
such
was
the
force
of
this
Sentence
;
which
he
there
calls
A
Spiritual
Penalty
binding
the
Soul
,
according
to
that
of
our
Saviour
;
Whatsoever
ye
bind
on
Earth
shall
be
bound
in
Heaven
[
(f)
](B20551-e23380-b)
(f)
Aug.
Epist.
75.
Tom.
II.
pag.
71.
(a)
.
.
So
that
we
see
this
was
the
constant
and
currant
Opinion
of
the
whole
Church
,
and
thus
the
most
eminent
Fathers
did
expound
holy
Scripture
:
Here
therefore
we
might
conclude
,
but
only
we
must
not
omit
that
solemn
Instance
of
Synesius
Bishop
of
Ptolemais
his
Excommunicating
Andronicus
the
Prefect
of
Pentapolis
in
Egypt
under
Theodosius
,
An.
411.
for
horrible
Impieties
and
Cruelties
which
he
and
his
Companions
had
been
guilty
of
;
the
Form
of
which
is
contained
in
the
Tractatorian
Epistle
,
which
the
Bishop
sent
in
the
name
of
the
Church
of
Ptolemais
to
all
her
Sister
Churches
throughout
the
World
,
in
these
Words
;
Let
no
Church
of
God
be
open
to
Andronicus
and
his
Companions
,
to
Thoas
and
his
Associates
,
let
every
holy
place
,
Chappel
and
Church-yard
be
shut
against
them
:
The
Devil
hath
no
part
in
Paradise
,
and
if
he
privily
creep
in
,
he
would
be
cast
out
again
:
I
therefore
admonish
all
private
persons
and
Rulers
,
that
they
neither
dwell
in
the
same
House
,
nor
eat
at
the
same
Table
with
them
;
And
especially
,
I
charge
all
Priests
neither
to
speak
to
them
while
they
live
,
nor
attend
them
to
their
Graves
when
they
dye
:
And
if
any
despise
this
as
the
Church
of
a
little
City
,
and
Communicate
with
these
Excommunicate
Persons
,
as
if
he
need
not
obey
so
poor
a
Place
,
he
makes
a
Schism
in
the
Church
,
which
Christ
would
have
to
be
but
one
:
And
if
he
be
a
Deacon
,
Priest
,
or
Bishop
,
we
will
account
him
in
the
same
state
with
Andronicus
,
and
will
never
shake
hands
or
eat
with
such
a
Man
,
much
less
will
we
Communicate
with
them
-
in
the
holy
Mysteries
,
who
take
part
with
Thoas
and
Andronicus
[
(g)
](B20551-e23530-b)
(g)
Synesij
Epist.
58.
pag.
203.
An.
411.
.
Where
we
see
how
strictly
Excommunicate
Persons
were
to
be
avoided
,
and
how
perfectly
they
were
excluded
from
all
Civil
and
Religious
Converse
and
Communion
:
Yea
Synesius
saith
,
No
man
ought
to
call
or
count
Andronicus
for
a
Christian
[
(h)
](B20551-e23570-b)
(h)
Idem
ibid.
pag.
201.
;
for
this
put
him
into
the
state
of
a
Heathen
,
and
wholly
cut
him
off
from
the
Body
of
Christs
Church
.
Afterward
writing
to
his
Metropolitan
,
Theophilus
Bishop
of
Alexandria
,
he
informs
him
that
he
had
separated
Lamponianus
a
Priest
,
from
the
Communion
of
the
Church
,
for
several
injurious
practices
,
and
would
not
absolve
him
(
no
not
at
the
Peoples
request
)
leaving
that
to
Theophilus
:
Only
he
had
impowred
those
Presbyters
which
should
be
present
when
he
should
be
nigh
unto
death
,
to
restore
him
to
the
Communion
;
for
(
saith
he
)
None
shall
dye
under
this
Bond
laid
on
by
me
[
(i)
](B20551-e23640-b)
(i)
Synesij
Ep.
67.
Theophil
.
pag.
215.
;
Which
manifestly
shews
that
he
esteemed
it
a
dreadful
thing
for
any
to
dye
under
this
Sentence
,
and
that
it
might
make
their
Estate
very
hazardous
in
another
World
:
and
therefore
it
is
wonderful
how
Mr.
Selden
could
infer
,
That
this
looks
as
if
he
thought
this
Bond
not
of
Divine
Institution
,
but
of
Humane
Invention
[
(k)
](B20551-e23670-b)
(k)
Seld.
Synedr
.
1.
cap.
13.
p.
285.
;
For
it
proves
the
contrary
:
since
if
it
were
only
a
Humane
Invention
,
it
is
no
matter
whether
it
were
taken
off
or
no
,
from
one
who
is
bidding
adieu
to
Mankind
;
nor
could
it
be
any
prejudice
to
a
Man
at
Gods
Tribunal
,
if
it
were
not
laid
on
by
his
Authority
:
Therefore
it
was
this
belief
which
made
the
Old
Canons
so
careful
to
restore
those
who
had
not
fully
gone
through
the
Degrees
of
Penitence
,
unto
the
Communion
of
the
Church
,
in
case
of
mortal
Sickness
,
lest
if
they
died
bound
on
Earth
,
they
should
be
bound
in
Heaven
.
Soon
after
lived
Prosper
,
An.
433.
who
saith
,
The
greater
Sinners
must
be
sharply
rebuked
,
and
if
this
will
not
bring
them
to
amendment
,
as
rotten
Members
of
the
Body
,
they
are
to
be
cut
off
by
Excommunication
,
lest
like
to
dead
Flesh
not
taken
away
,
they
corrupt
the
sound
parts
[
(l)
](B20551-e23700-b)
(l)
Prosper
de
vit.
contempl
.
lib.
2.
cap.
7.
.
It
would
be
tiresome
to
my self
and
the
Reader
to
search
any
further
in
so
undeniable
and
clear
a
Matter
,
and
therefore
without
enquiring
any
further
into
the
declining
Ages
of
the
Church
,
We
will
here
conclude
,
That
it
was
the
Sense
of
the
Primitive
Catholick
Fathers
,
That
Excommunication
was
exercised
by
Divine
Right
,
and
by
Authority
derived
from
Christ
himself
.
§
.
IV.
We
will
now
go
on
to
consider
the
Sense
of
the
Councils
in
this
Period
concerning
Excommunication
.
And
out
of
innumerable
instances
there
,
of
the
use
of
this
Rite
,
we
will
only
select
the
most
material
.
And
first
upon
that
Principle
,
That
the
Whole
Catholick
Church
was
but
one
,
and
that
whosoever
was
cast
out
by
any
one
Bishop
was
cut
off
from
the
Body
of
Christ
;
The
Nicene
Council
decreed
according
to
an
Ancient
Canon
(
meaning
the
32
Canon
Apostolical
)
That
whosoever
was
cast
out
by
one
Bishop
,
should
not
be
received
into
the
Church
again
by
another
[
(m)
](B20551-e23740-b)
(m)
An.
326.
Concil.
Nicen.
I.
Can.
5.
Bev.
Tom.
I.
p.
64.
.
By
which
they
declared
that
they
believed
Christ
had
given
the
power
of
judging
to
every
Bishop
,
as
to
all
those
under
his
Charge
;
and
yet
since
Bishops
were
but
Men
,
and
might
chance
to
vary
from
those
rules
which
Christ
had
left
them
to
judge
by
,
through
Passion
,
or
Partiality
,
this
Great
Council
provides
,
That
if
any
be
unjustly
Excommunicated
,
the
matter
shall
upon
Appeal
be
tried
in
a
Synod
of
neighbouring
Bishops
,
to
be
held
twice
in
each
year
,
and
there
the
Case
is
to
be
tried
finally
.
And
the
like
Order
of
not
receiving
those
into
one
Church
,
who
were
cast
out
of
another
,
without
the
Sentence
of
a
Synod
of
Bishops
,
is
renewed
in
all
succeeding
Councils
[
(n)
](B20551-e23750-b)
(n)
An.
341.
Concil.
Antioch
.
Can.
6.
An.
314.
Concil.
I.
Arelat.
can
.
16.
An.
305.
Concil.
Ellib
.
Can.
53.
An.
347.
Concil
Sardic
.
Can.
13.
An.
397.
Concil.
Tamin
.
Can.
4.
An.
559.
Concil.
3.
Paris
.
Can.
7.
An.
570.
Concil.
I.
Lugdun
.
Can.
4.
An.
789.
Capitul
.
I.
p.
213.
;
Which
shews
this
was
the
Opinion
of
all
Ages
.
There
is
no
mention
of
any
Appeal
to
the
Emperors
.
And
though
they
were
then
Christian
,
and
had
the
Title
of
Pontifices
Max.
yet
the
Councils
believing
this
Power
wholly
in
the
Bishops
,
make
the
highest
and
last
Appeal
to
be
unto
a
Synod
of
them
.
And
this
gave
ground
to
that
Custom
mentioned
before
,
of
the
giving
notice
to
the
neighboring
Bishops
concerning
Persons
Excommunicated
in
any
Church
;
after
which
notice
they
were
either
to
Excommunicate
them
over
again
,
or
at
least
to
avoid
them
as
the
Canons
do
shew
[
(o)
](B20551-e23770-b)
(o)
An.
441.
Concil.
I.
Araus
.
Can.
11.
An.
587.
Concil.
II.
Turon
.
Can.
8.
Iv●
Carnot
.
ep.
76.
.
Yea
,
the
Popes
themselves
,
for
many
hundred
years
,
were
content
to
agree
to
these
Rules
as
their
fellow
Bishops
did
:
So
that
Benedict
the
Ninth
did
revoke
an
Absolution
granted
to
a
certain
Count
,
without
the
knowledge
and
consent
of
the
Bishop
of
Auvergne
who
had
Excommunicated
the
said
Count
[
(p)
](B20551-e23800-b)
(p)
An.
1034.
Epist.
Penedict
.
9.
in
Concil.
Lemov
.
.
By
which
discipline
,
the
Men
who
fell
under
these
Censures
justly
,
had
no
remedy
but
to
repent
and
seek
Absolution
from
that
Bishop
,
who
best
knew
the
nature
of
their
Crime
.
And
for
a
further
proof
,
that
no
aid
was
to
be
expected
from
the
secular
Power
,
but
only
from
the
Colledge
of
Bishops
,
The
famous
Council
of
Sardis
Ordains
,
That
if
a
Bishop
in
his
anger
do
cast
any
man
out
of
the
Church
,
he
may
go
to
another
Bishop
,
and
intreat
him
to
intercede
for
him
with
that
Bishop
who
had
laid
the
Censure
on
,
which
Bishop
ought
to
be
willing
to
have
this
matter
examined
by
his
fellow
Bishops
;
but
the
person
censured
was
to
be
in
the
same
case
till
the
matter
was
determined
[
(q)
](B20551-e23830-b)
(q)
An.
347.
Concil.
Sardic
.
Can.
14.
.
Yea
,
the
second
Council
of
Carthage
Decrees
,
That
if
any
who
were
Excommunicated
for
their
Crimes
,
fled
to
the
Court
,
or
to
the
Civil
Judicatures
,
those
Bishops
or
Clergymen
who
received
them
should
be
Excommunicated
themselves
[
(r)
](B20551-e23860-b)
(r)
An.
397.
Concil.
II.
Carthag
.
Ca.
7.
:
So
little
did
the
Fathers
of
that
Age
dream
of
any
Power
in
the
Christian
Emperors
,
as
to
Binding
and
loosing
,
or
of
their
own
having
it
by
any
Grant
from
the
Imperial
Authority
.
And
here
I
cannot
but
digress
a
little
,
to
relate
a
most
remarkable
instance
of
God's
approving
the
Bishops
acts
in
censuring
evil
Men
,
if
it
be
true
what
is
related
by
Faustinus
and
Marcellinus
,
two
Presbyters
of
the
Luciferian
Schism
,
who
wrote
while
the
person
most
concerned
was
yet
alive
.
The
story
this
:
[
*
](B20551-e23910-b)
*
Faust
.
&
Marcel
.
Libell
.
prec
.
p.
26
,
27.
When
the
Arrians
,
by
their
interest
in
Constantius
the
Emperor
had
violently
thrust
out
Maximus
the
Catholick
and
Orthodox
Bishop
of
Naples
from
his
See
,
and
got
him
sent
into
Banishment
,
Maximus
Excommunicated
Zosimus
,
whom
the
Arrians
had
unjustly
put
in
his
place
:
and
when
Zosimus
went
into
the
Church
to
do
his
Office
,
before
all
the
Congregation
,
his
Tongue
did
swell
and
hang
out
of
his
mouth
,
so
that
he
could
not
speak
one
word
;
and
when
he
went
out
of
the
Church
,
he
was
restored
to
his
speech
,
but
going
in
again
,
he
fell
into
the
same
calamity
;
and
this
so
often
,
that
at
last
he
resolved
to
quit
the
Bishoprick
[
(s)
](B20551-e24010-b)
(s)
An.
359.
:
Which
memorable
Judgment
,
in
a
Case
where
the
Bishops
Divine
Right
to
Excommunicate
was
despised
,
and
the
Imperial
Authority
so
oft
made
use
of
as
a
Shield
against
it
,
doth
manifestly
shew
,
that
God
himself
had
put
this
power
into
the
Bishops
hands
,
and
that
no
External
Force
could
wrest
it
from
them
or
hinder
its
due
effects
.
To
proceed
,
the
Canons
of
divers
Councils
do
declare
,
That
those
who
were
Excommunicate
,
were
not
worthy
of
the
Priviledges
which
other
Christians
enjoyed
;
and
therefore
as
Jews
and
Pagans
Testimonies
were
not
to
be
received
against
the
Bishops
and
Clergy
;
so
the
second
General
Council
at
Constantinople
forbid
those
who
were
cast
out
of
the
Church
or
Excommunicated
to
be
admitted
to
accuse
a
Bishop
[
(t)
](B20551-e24040-b)
(t)
An.
381.
Concil.
2.
Constantinop
.
Can.
6.
.
Where
we
may
note
the
distinction
between
the
greater
and
the
lesser
Excommunication
,
Those
who
are
cast
out
,
being
such
as
were
for
ever
cut
off
from
the
Church
,
and
the
Excommunicate
such
as
are
separated
for
a
time
[
(u)
](B20551-e24070-b)
(u)
Zonaras
in
loc.
ap.
Bever
.
Tom.
I.
p.
95.
de
signif.
verb.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
,
as
Zonaras
expounds
the
Phrases
.
But
neither
of
these
were
admitted
to
bear
witness
against
a
Bishop
,
as
being
supposed
unworthy
of
credit
,
and
inclinable
to
be
revenged
on
their
Censurers
;
Which
Law
was
revived
in
divers
other
succeeding
Councils
[
(w)
](B20551-e24100-b)
(w)
Cod.
Can.
Eccl.
African
.
Can.
128.
Capit.
Tom.
I.
l.
7.
cap.
181.
p.
1063.
.
And
as
they
did
take
away
their
External
Priviledges
,
so
they
also
deprived
them
of
all
the
comfort
and
benefit
of
Religious
Offices
,
which
is
not
only
signified
by
the
Phrases
before
mentioned
,
but
expresly
decreed
:
For
first
,
the
Council
of
Antioch
declares
,
That
it
is
not
lawful
to
Communicate
with
those
who
are
Excommunicate
;
and
if
these
Persons
,
after
their
exclusion
from
the
Churches
Prayers
,
went
into
any
House
or
other
Church
to
pray
,
whoever
prays
with
them
,
especially
if
he
be
of
the
Clergy
,
shall
be
Excommunicated
[
(x)
](B20551-e24130-b)
(x)
An.
341.
Concil.
Antiochen
.
Can.
2.
;
which
Canon
is
renewed
in
the
fourth
Council
of
Carthage
[
(y)
](B20551-e24150-b)
(y)
An.
398.
Concil.
4.
Carthag
.
Can.
73.
.
And
as
it
was
grounded
on
former
Canons
,
and
a
constant
usage
of
the
Church
from
the
Apostles
time
,
so
it
is
repeated
in
almost
every
succeeding
Council
,
so
that
the
particulars
need
not
to
be
cited
.
Now
can
any
have
so
hard
an
opinion
of
these
Holy
Fathers
,
who
lived
so
near
the
Apostles
,
to
imagine
they
arbitrarily
assumed
this
power
of
excluding
Criminals
from
holy
Offices
,
and
retained
it
even
after
the
Emperors
were
Christians
,
and
had
made
secular
Laws
to
punish
them
;
or
that
they
pretended
Christ
the
Author
of
it
,
if
he
left
them
no
such
power
?
The
first
Council
of
Toledo
Ordains
,
That
if
any
Lay-Man
be
Excommunicated
,
none
of
the
Clergy
or
Religious
shall
converse
with
him
,
or
come
at
his
House
;
and
a
Clerk
deprived
,
shall
be
avoided
by
the
Clergy
;
and
if
any
be
found
to
discourse
or
to
Eat
with
them
,
they
shall
be
also
Excommunicated
,
if
they
know
them
to
be
under
the
Censure
[
(z)
](B20551-e24180-b)
(z)
An.
400.
Conc.
1.
Tolet.
Can.
15.
.
The
same
Council
Decrees
,
That
a
professed
Virgin
offending
,
shall
not
be
received
into
the
Church
till
she
have
done
ten
years
Penance
,
and
none
may
pray
or
eat
with
her
till
she
be
admitted
into
the
Church
[
(a)
](B20551-e24190-b)
(a)
Ibid.
Can.
16.
.
Not
long
after
this
we
meet
with
the
accustomed
Form
of
Excommunication
used
in
that
Age
,
which
shews
both
the
Original
and
Effects
of
this
Sentence
;
and
the
words
are
these
,
Following
the
Canonical
Sanctions
,
and
the
Examples
of
our
holy
Fathers
,
We
Excommunicate
......
by
the
Authority
of
God
,
and
the
Judgment
of
the
Holy
Spirit
,
from
the
Bosom
of
our
Holy
Mother
the
Church
,
and
from
the
Conversation
of
all
Christians
,
until
they
repent
and
make
satisfaction
to
the
Church
of
God
[
(b)
](B20551-e24210-b)
(b)
An.
441.
Concil.
1.
Araus
.
apud
Gratian.
:
Which
Form
shews
,
That
they
believed
their
Authority
was
from
God
,
and
their
direction
from
the
Spirit
in
laying
on
this
Censure
,
and
that
the
persons
so
,
censured
were
cut
off
from
all
Civil
and
Religious
Commerce
with
other
Christians
.
And
that
this
Opinion
prevailed
even
in
these
remoter
parts
of
the
Christian
World
,
may
be
seen
by
those
Ancient
Synods
held
in
these
Islands
under
S.
Patrick
,
where
it
was
declared
,
That
none
who
was
Excommunicated
should
come
into
the
Church
till
he
had
received
his
Penance
[
(c)
](B20551-e24240-b)
(c)
An.
456.
Synod
.
Patric
.
Can.
18.
Spelm.
Tom.
I.
p.
53.
.
And
if
a
Clergy-man
were
Excommunicate
,
he
must
Pray
alone
,
and
neither
presume
to
offer
or
Consecrate
[
(d)
](B20551-e24260-b)
(d)
Ibid.
Can.
28.
.
And
again
,
Hear
the
Lord
saying
,
If
he
hear
thee
not
,
let
him
be
to
thee
as
a
Heathen
and
a
Publican
;
do
not
Curse
the
Excommunicate
,
but
repel
him
from
the
Communion
,
from
the
Table
,
from
the
Prayers
and
from
the
Blessing
[
(e)
](B20551-e24280-b)
(e)
Alter
.
Syn.
ejus
Can.
4.
item
ap.
Spelm.
:
Where
grounding
the
Censure
upon
our
Saviours
words
,
they
Charitably
Condemn
all
dreadful
Anathematizing
,
and
allow
only
the
Separation
,
which
is
more
Primitive
,
and
more
agreeing
to
the
Gospel
Spirit
:
For
in
this
Age
they
considered
the
dreadful
Effects
of
Excommunication
,
even
of
the
mildest
sort
,
and
were
not
forward
to
proceed
that
way
in
light
Causes
:
For
it
was
about
this
time
that
Pope
Leo
I.
in
one
of
his
Decretal
Epistles
,
saith
,
Let
not
the
Communion
lightly
be
denied
to
any
Christian
,
neither
let
that
Sentence
be
uttered
by
any
Priest
in
Anger
,
which
ought
to
be
laid
on
unwillingly
,
and
with
grief
,
as
a
punishment
for
the
greatest
Crimes
:
For
we
know
some
,
who
for
little
Offences
or
slight
words
have
been
deprived
of
the
Comfort
of
the
Communion
;
So
that
the
Soul
for
which
Christs
Blood
was
shed
,
by
the
inflicting
of
this
dreadful
punishment
,
is
exposed
naked
,
disabled
,
and
without
any
defence
to
the
Devils
Assaults
,
so
that
he
may
take
it
at
his
pleasure
[
(f)
](B20551-e24310-b)
(f)
An.
450.
Leon.
Decret.
Epist.
89.
ad
omnes
Episc.
Provenc
.
pag.
469.
.
Where
we
see
he
supposes
the
Excommunicate
to
be
delivered
into
Sathans
power
,
and
in
extream
danger
of
Eternal
Damnation
.
And
upon
this
account
it
was
,
that
those
holy
Bishops
were
so
loth
to
inflict
this
dreadful
Sentence
,
till
nothing
else
would
do
.
About
the
beginning
of
this
Age
lived
the
Author
of
the
Apostolical
Constitutions
,
as
they
confess
,
who
dispute
against
that
pretended
Antiquity
which
the
Romanists
attribute
to
this
Work
,
and
all
do
grant
it
contains
a
true
Scheme
of
the
Church
Discipline
about
the
end
of
the
fourth
Century
.
And
in
this
Book
we
find
divers
passages
to
confirm
this
Opinion
:
As
where
it
is
ordered
that
the
Bishop
shall
sit
down
when
he
Preaches
,
as
having
power
to
judge
Sinners
;
for
to
you
,
O
Bishops
,
it
is
said
,
Whatever
ye
bind
on
Earth
shall
be
bound
in
Heaven
,
and
whatever
ye
loose
on
Earth
shall
be
loosed
in
Heaven
[
(g)
](B20551-e24330-b)
(g)
An.
400.
Const.
Apostol.
lib.
2.
cap.
11.
.
Again
,
the
Bishop
is
commanded
when
he
knows
any
one
to
have
Sinned
,
to
order
him
to
be
turned
out
of
the
Church
with
Indignation
:
And
when
the
Deacons
have
turned
him
out
,
they
are
to
return
and
beg
of
the
Bishop
to
admit
him
to
Repentance
[
(h)
](B20551-e24350-b)
(h)
Ibid.
lib.
2.
cap.
19.
.
And
a
little
after
it
is
said
,
If
they
do
not
separate
a
Wicked
Man
from
the
Church
,
they
make
Gods
House
a
Den
of
Thieves
[
(i)
](B20551-e24370-b)
(i)
Idem
ibid.
.
In
the
next
Chapter
,
The
Bishop
ought
to
remember
his
Dignity
,
because
he
hath
received
power
both
to
bind
and
to
loose
[
(k)
](B20551-e24390-b)
(k)
Idem
lib.
2.
cap.
20.
.
Afterwards
the
Bishop
is
directed
to
admonish
him
twice
(
according
to
Christs
precept
)
who
hath
offended
:
and
if
he
be
still
obdurate
,
then
he
is
to
declare
his
Obstinacy
to
the
Church
,
and
after
that
to
account
him
as
a
Heathen
and
a
Publican
,
and
not
to
admit
him
into
the
Church
as
a
Christian
,
but
to
avoid
him
as
a
Heathen
[
(l)
](B20551-e24410-b)
(l)
Idem
lib.
2.
cap.
41.
&
cap.
42.
.
Finally
,
There
is
reckoned
up
the
several
sorts
of
Offenders
who
are
to
be
Excommunicated
,
or
to
be
utterly
rejected
[
(m)
](B20551-e24420-b)
(m)
Idem
lib.
8.
cap.
38.
:
Adulterers
,
and
all
that
minister
to
unlawful
Lusts
;
such
as
make
Idols
,
and
live
by
the
Stage
;
those
that
use
Divination
,
and
follow
the
Jewish
or
Gentile
Superstitions
;
all
these
are
to
be
Excommunicated
till
they
forsake
their
evil
ways
:
But
upon
their
repentance
to
be
received
.
Which
evidently
proves
,
That
Excommunication
was
then
believed
to
be
the
Bishops
Office
,
and
that
this
power
was
derived
from
Christ
,
and
founded
upon
those
Words
of
the
Gospel
which
we
have
cited
before
.
It
were
endless
to
cite
all
the
Councils
which
mention
this
Sacred
punishment
,
because
it
is
mentioned
in
every
one
:
But
it
may
be
worth
observing
,
That
in
the
famous
General
Council
of
Chalcedon
,
which
was
confirmed
by
the
Emperors
Authority
,
there
are
Decrees
for
Excommunicating
some
Offenders
,
and
for
Anathematizing
others
[
(n)
](B20551-e24440-b)
(n)
An.
450.
Concil.
Chalced.
Can.
2
,
4
,
7
,
8
,
15
,
16
,
20.
&
27.
.
And
this
Canonical
punishment
is
particularly
ordered
to
be
inflicted
on
any
belonging
to
the
Church
,
who
forsake
the
Judgment
of
their
own
Bishop
and
fly
to
secular
Tribunals
[
(o)
](B20551-e24460-b)
(o)
Ibid.
Can.
9.
:
So
that
the
Bishops
did
determine
what
Offences
were
thus
to
be
punished
;
and
the
Emperors
were
so
far
from
hindring
them
,
that
they
confirmed
all
their
Determinations
;
so
that
such
as
were
obstinate
durst
not
but
submit
to
them
,
in
regard
the
Civil
Powers
gave
them
the
force
of
Laws
,
and
by
Temporal
Penalties
compelled
Men
to
obey
the
Canons
;
which
is
one
great
end
of
Christian
Magistrates
,
as
Mr.
Selden
confesseth
out
of
Isidore
:
The
Magistrates
would
not
be
necessary
in
the
Church
,
but
only
that
what
the
Priest
cannot
effect
by
the
Word
and
Doctrine
,
the
Magistrate
may
cause
to
be
done
by
the
Terror
of
his
Discipline
[
(o)
](B20551-e24490-b)
(o)
Isidor
.
Hispal
.
Sent.
l.
3.
cap.
53.
.
But
to
proceed
;
It
was
a
manifest
Sign
that
these
Ages
did
believe
Excommunication
had
its
effect
upon
Mens
Souls
,
and
not
only
excluded
them
out
of
the
Society
of
Christians
upon
Earth
,
but
also
put
them
into
extream
danger
of
Damnation
in
the
next
World
;
because
in
all
the
Old
Councils
such
care
is
taken
,
that
none
who
had
submitted
to
Penitence
should
dye
without
being
absolved
and
admitted
to
the
Holy
Communion
;
for
their
restoring
to
the
Communion
of
the
Visible
Church
could
signifie
little
to
them
,
who
were
never
like
to
walk
abroad
again
,
or
to
come
to
the
Church
any
more
;
wherefore
this
was
intended
to
prevent
the
sad
effects
which
this
Sentence
unreversed
might
have
upon
them
in
another
World
,
as
being
laid
on
by
the
Authority
of
Christ
.
The
old
Canons
which
take
this
care
,
may
be
seen
together
in
Albaspinaeus
:
But
the
same
Proviso
was
made
in
the
Councils
of
this
Age
also
,
viz.
That
such
as
were
Excommunicated
,
and
fell
into
Mortal
Sickness
,
should
have
the
Sacrament
before
they
died
[
(p)
](B20551-e24520-b)
(p)
An.
524.
Concil.
Ilerd
.
can
.
2.
Can.
5.
Item
An.
540.
Concil.
3.
Aurel.
Can.
6.
&
Can.
16.
Cum
multis
alijs
.
.
And
here
also
I
must
note
,
That
about
this
time
there
was
a
Custom
Annually
to
Excommunicate
some
kind
of
Notorious
Offenders
,
which
is
mentioned
in
the
third
Council
of
Orleance
[
(q)
](B20551-e24550-b)
(q)
An.
540.
Concil.
3.
Aurel.
Can.
13.
&
Can.
30.
,
though
some
would
pretend
it
to
be
a
Custom
of
later
times
only
.
As
to
the
Condition
of
Persons
Excommunicate
,
the
Ancient
Discipline
was
still
observed
,
They
were
to
put
on
the
habit
of
Mourners
[
(r)
](B20551-e24570-b)
(r)
An.
506.
Concil.
Agathens
.
Can.
15.
,
none
were
to
eat
with
them
[
(s)
](B20551-e24590-b)
(s)
An.
507.
Concil.
I.
Aurel.
Can.
13.
;
For
which
the
Apostles
words
are
quoted
[
(t)
](B20551-e24600-b)
(t)
An.
524.
Concil.
Ilerd
.
Can.
4.
.
They
were
to
be
deprived
of
all
Conversation
and
discourse
with
the
Faithful
[
(u)
](B20551-e24610-b)
(u)
An.
531.
Concil.
2.
Tole
.
tan
.
Can.
3.
:
And
finally
,
whosoever
did
either
Pray
with
these
,
or
Eat
or
Converse
with
them
,
were
also
to
be
Excommunicated
[
(w)
](B20551-e24620-b)
(w)
Concil.
Bracar
.
l.
Can.
33.
An.
563.
An.
590.
Concil.
Antissid
.
Can.
38
,
39.
.
So
that
we
may
see
the
Ancient
Discipline
was
still
in
force
,
until
the
year
600
after
Christ
,
and
that
with
little
or
no
Variation
,
unless
in
the
dealing
more
gently
with
Penitents
,
because
the
World
could
scarce
bear
those
ancient
severities
so
many
years
together
.
After
this
,
we
may
observe
out
of
Gregory
the
Great
,
that
it
was
then
the
General
Opinion
,
That
Bishops
held
the
place
of
the
Apostles
,
and
they
who
had
obtained
this
Degreee
for
Government
,
had
received
the
power
of
Binding
and
Loosing
:
—
Yea
,
that
whether
the
Pastor
laid
on
this
Bond
justly
or
no
,
it
was
to
be
dreaded
by
those
of
his
Flock
[
(x)
](B20551-e24650-b)
(x)
An.
600.
Greg.
M.
hom.
26.
in
Evang.
Tom.
II.
pag.
129.
.
And
in
his
Epistles
,
which
passed
for
Law
through
divers
Ages
,
there
are
many
Instances
of
the
exercise
of
this
Power
,
which
S.
Gregory
would
not
have
any
Bishop
use
rashly
,
nor
to
revenge
his
private
wrongs
,
because
it
was
designed
for
more
Spiritual
ends
[
(y)
](B20551-e24670-b)
(y)
Greg.
M.
Epist.
lib.
2.
ind.
XI
.
ep.
45.
Item
ibid.
ind.
c.
X.
Ep.
34.
.
And
it
seems
the
Pope
did
not
then
pretend
a
General
Commission
to
Absolve
all
that
other
Bishops
Excommunicated
;
for
he
gives
this
reason
why
he
Absolves
one
of
Milan
,
because
the
Bishop
who
censured
him
,
was
dead
,
and
no
Successor
chosen
[
(z)
](B20551-e24690-b)
(z)
Ibid.
ind.
XI
.
epist.
65.
.
And
in
the
Instructions
he
gives
to
Augustine
the
Monk
,
for
the
right
Governing
the
newly
Converted
English
Saxons
,
he
doth
allow
him
in
some
Cases
to
Excommunicate
[
(a)
](B20551-e24720-b)
(a)
Greg.
resp
.
ad
interrog.
August
.
Cap.
7.
Spelm.
p.
98.
,
though
since
it
was
a
new
planted
Church
,
he
adviseth
him
to
proceed
gently
.
However
,
it
is
certain
,
that
the
use
of
this
Censure
came
into
this
Nation
with
their
Christianity
:
And
that
Almighty
God
did
shew
his
Judgments
upon
those
who
despised
this
Sentence
,
which
was
pronounced
in
his
Name
,
may
be
seen
in
that
memorable
Example
related
by
Beda
,
who
tells
us
,
That
S.
Chad
Bishop
of
the
East-Saxons
,
Excommunicated
one
of
King
Sigebert's
Earls
for
an
unlawful
Marriage
,
Warning
all
not
to
come
into
his
House
till
he
did
repent
:
But
the
King
would
not
forbear
visiting
this
Earl
;
whereupon
the
Bishop
foretold
the
King
that
if
he
persisted
to
converse
with
this
Excommunicate
Person
,
he
would
be
slain
in
that
very
house
,
which
accordingly
came
to
pass
;
for
that
very
Earl
and
his
Complices
slew
Sigebert
there
[
(b)
](B20551-e24780-b)
(b)
An.
638.
vel
An.
660.
Bedae
histor.
lib.
3.
cap.
22.
:
Which
remarkable
Judgment
no
doubt
made
the
Sentence
of
our
Venerable
Bishops
to
be
much
dreaded
in
those
days
:
And
for
that
reason
our
old
Canons
decreed
,
That
a
Bishop
should
not
rashly
Excommunicate
any
Man
,
no
,
not
though
there
were
never
so
just
a
Cause
[
(c)
](B20551-e24800-b)
(c)
An.
750.
Egber
.
Excerpta
Can.
48.
Spelm.
pag.
263.
;
because
of
the
dreadful
consequences
then
believed
to
follow
upon
this
Censure
.
But
to
return
to
Foreign
Countries
:
In
this
Age
were
made
those
Ancient
Laws
of
the
Almains
,
wherein
,
besides
the
Temporal
Penalties
for
Sacriledge
,
it
is
declared
,
the
person
so
offending
shall
incurre
the
Judgment
of
God
,
and
the
Excommunication
of
holy
Church
[
(d)
](B20551-e24830-b)
(d)
An.
630.
Leges
Alem.
Cap.
1.
Capital
.
Tom.
I.
pag.
57.
:
So
that
they
did
not
think
Secular
Penalties
made
this
useless
in
a
Christian
Commonwealth
,
but
on
the
contrary
,
the
Temporal
Laws
now
began
to
decree
severe
punishments
to
be
inflicted
by
the
Civil
Magistrate
upon
those
who
despised
the
Authority
of
Church
Censures
.
A
memorable
proof
of
which
we
have
in
the
Constitutions
made
by
King
Pepin
(
Father
to
Charles
the
Great
)
with
the
advice
of
his
Bishops
and
Barons
;
Wherein
they
Ordain
,
That
whoever
wittingly
Communicates
with
an
Excommunicate
person
,
he
shall
be
Excommunicated
also
:
And
that
all
may
know
the
Nature
of
this
Excommunication
,
they
declare
,
He
who
is
thus
under
Censure
must
not
come
into
the
Church
,
nor
eat
or
drink
with
any
Christian
;
none
may
receive
any
gift
from
him
,
or
give
him
a
kiss
,
or
joyn
in
prayer
with
him
,
nor
salute
him
,
till
he
be
reconciled
to
his
own
Bishop
.
And
if
any
think
that
he
is
Excommunicated
unjustly
,
he
may
complain
to
the
Metropolitan
,
and
have
his
Cause
tried
by
the
Canons
;
but
in
the
mean
time
,
he
must
lye
under
his
Sentence
:
And
if
any
despise
all
this
,
so
that
the
Bishop
cannot
amend
him
,
then
he
shall
be
Condemned
to
Banishment
by
the
King's
Judgment
[
(e)
](B20551-e24870-b)
(e)
An.
753.
Pipin
.
cap.
9.
Capitul
.
Tom.
I.
pag.
172.
:
Which
Law
is
repeated
again
by
some
of
the
Successors
of
this
Pious
Prince
[
(f)
](B20551-e24880-b)
(f)
Capitul
.
lib.
5.
cap.
62.
pag.
836.
.
And
indeed
,
in
those
Capitulars
of
the
Ancient
Kings
and
Emperors
of
France
,
there
are
many
excellent
Canons
of
Old
Councils
revived
and
established
by
the
Royal
Authority
,
which
Canons
the
Bishops
first
made
and
Decreed
in
their
Synods
;
and
then
to
make
the
People
more
strictly
obey
them
,
the
King
,
with
his
Bishops
and
Barons
,
confirmed
them
,
and
put
them
among
their
Laws
:
Which
was
not
any
Exercise
of
Ecclesiastical
Jurisdiction
,
nor
done
with
any
intent
to
take
the
Government
of
the
Church
,
and
the
power
of
Censures
out
of
the
Bishops
hands
(
as
Mr.
Selden
pretends
)
but
rather
to
strengthen
their
Divine
Right
by
a
Civil
Sanction
:
For
these
very
Capitulars
do
still
own
,
That
the
Bishops
have
Authority
from
God
to
Excommunicate
:
Which
one
instance
out
of
very
many
(
there
to
be
found
)
shall
suffice
to
prove
,
The
Laity
must
know
that
the
power
of
Binding
and
Loosing
is
by
the
Lord
conferred
on
the
Priest
,
and
therefore
they
ought
to
obey
their
Admonitions
,
and
humbly
to
submit
to
their
Excommunications
[
(g)
](B20551-e24920-b)
(g)
Addit
.
3.
Lud.
cap.
23.
Capit.
Tom.
I.
pag.
1161.
.
I
cite
this
the
rather
,
because
Mr.
Selden
hath
the
confidence
to
quote
this
very
place
in
his
Margin
,
as
a
proof
that
the
French
Princes
did
take
upon
them
,
to
Order
the
Matters
of
Excommunications
and
Penances
[
(h)
](B20551-e24940-b)
(h)
Seld.
de
Synedrijs
Lib.
1.
cap.
10.
p.
192.
;
whereas
this
,
as
well
as
his
other
proofs
,
do
only
shew
that
those
Princes
believed
the
Bishops
had
a
Divine
Right
to
Excommunicate
,
and
therefore
that
it
was
their
duty
to
compel
the
Refractory
to
submit
to
their
Censures
:
Nor
did
those
Princes
ever
take
this
power
out
of
the
Bishops
hands
,
but
rather
fix
it
there
where
God
had
placed
it
.
Whence
it
was
that
they
made
these
Laws
,
If
any
Lay-Man
,
of
higher
or
lower
Degree
,
hath
Sinned
,
and
being
called
by
his
Bishops
Authority
,
refuseth
to
submit
to
Penitence
and
Amendment
,
he
shall
be
so
long
Banished
from
the
Church
,
and
separated
from
the
company
of
all
good
Christians
,
as
he
forbeareth
to
amend
[
(i)
](B20551-e24960-b)
(i)
Capitul
.
lib.
6.
cap.
88.
Tom.
I.
p.
936.
.
And
again
,
He
that
is
Excommunicated
shall
be
excluded
,
not
only
from
Eating
and
Discoursing
with
the
Clergy
,
but
also
from
Eating
or
Talking
with
any
of
the
People
[
(k)
](B20551-e24980-b)
(k)
Capitul
.
l.
6.
cap.
142.
pag.
946.
.
Also
it
is
Ordained
,
That
the
Christians
shall
not
lightly
esteem
the
Excommunications
of
their
Clergy
,
for
even
this
Contempt
is
a
just
Cause
of
Excommunication
[
(l)
](B20551-e25000-b)
(l)
Ibid.
cap.
248.
pag.
964.
.
And
in
another
place
,
That
no
Excommunicate
Person
shall
be
a
Godfather
;
for
those
who
by
Gods
Law
,
and
the
Authority
of
the
Canons
,
are
turned
out
of
the
Church
,
and
out
of
the
Camp
,
lest
they
bring
a
Curse
on
the
People
,
these
are
much
more
to
be
kept
off
from
these
Sacred
Duties
[
(m)
](B20551-e25020-b)
(m)
Capitul
.
Additam
.
II.
cap.
1.
p.
1135.
.
Where
,
besides
the
express
and
plain
affirmation
,
That
Excommunicate
Persons
are
by
Gods
Law
to
be
excluded
the
Church
;
we
see
,
That
from
the
History
of
Achan's
bringing
a
Curse
on
the
Army
of
Israel
,
they
would
not
suffer
the
Excommunicate
to
bear
Arms
in
their
Camp
:
Which
is
also
intimated
in
those
Laws
which
cite
that
place
of
Joshuah
,
There
is
an
Anathema
in
the
midst
of
thee
,
therefore
thou
canst
not
stand
before
thy
Enemies
[
(u)
](B20551-e25070-b)
(u)
An.
869.
Car.
Calv
cap.
20.
Tom.
II.
pag.
213.
.
And
it
is
most
clear
by
these
Capitulars
,
that
the
Kings
Authority
did
follow
the
Bishops
Act
,
and
the
Temporal
Justice
did
punish
him
that
was
stubborn
and
refractory
,
and
would
not
obey
the
Bishops
Sentence
,
nor
be
brought
to
Repentance
by
his
Spiritual
Censures
.
Thus
Lhotharius
ordains
,
That
an
obstinate
Person
who
is
Excommunicated
shall
be
Imprisoned
by
the
High-Sheriff
or
the
Count
[
(o)
](B20551-e25110-b)
(o)
An.
824.
Capit.
Lhothar
.
cap.
15.
Tom.
II.
pag.
323.
:
And
he
that
infringes
the
Liberties
of
a
Church
,
is
to
be
Excommunicated
by
the
Bishop
,
and
notice
to
be
given
of
it
to
other
Bishops
,
and
the
High-Sheriff
is
to
make
him
pay
his
Fine
;
and
if
he
despise
all
this
,
being
judged
by
Law
,
he
is
to
be
Beheaded
,
and
his
Goods
Confiscated
[
(p)
](B20551-e25120-b)
(p)
An.
367.
Capit.
Lud.
2.
cap.
8.
ibid.
pag.
363.
:
Yea
those
who
were
Excommunicate
for
Fornication
,
and
did
not
submit
,
were
to
be
Banished
the
Kingdom
,
and
such
as
retained
them
were
thought
to
offend
against
God
and
the
sacred
Authority
,
yea
,
and
against
the
Common
Interest
of
Christianity
[
(q)
](B20551-e25140-b)
(q)
An.
862.
Capit.
Car.
Calv.
cap.
4
,
5.
.
So
that
still
the
Bishop
exercised
his
Spiritual
Jurisdiction
by
the
Power
he
had
received
from
God
;
and
lest
any
should
despise
this
,
as
being
a
Spiritual
Penalty
,
the
Secular
Laws
of
these
Pious
Princes
did
inflict
outward
Punishments
on
such
,
Imprisonment
,
Banishment
,
Confiscation
of
their
Goods
,
and
Death
it self
:
And
now
when
by
these
Secular
Penalties
annexed
,
Excommunication
was
become
so
terrible
and
so
grievous
,
not
only
to
the
Souls
by
Christs
Ordinance
,
but
to
Mens
outward
Condition
by
the
Laws
of
the
Kingdom
;
it
is
no
wonder
that
these
Princes
did
revive
those
Old
Canons
which
forbid
the
Bishops
rashly
to
Excommunicate
.
For
it
was
so
great
a
temporal
dammage
to
their
Subjects
,
that
they
were
now
concerned
to
see
that
the
Bishops
did
use
their
Power
only
in
just
and
weighty
Causes
:
and
hence
we
find
those
Laws
made
,
That
Excommunications
shall
not
be
issued
out
rashly
and
without
cause
[
(r)
](B20551-e25160-b)
(r)
An.
803.
cap.
2.
&
Capit.
lib.
1.
cap.
136.
.
And
that
no
Bishop
or
Priest
should
Excommunicate
any
,
till
the
Cause
were
proved
sufficient
by
the
Canons
,
and
till
the
Offender
either
confessed
or
were
convicted
,
and
according
to
the
Gospel
precept
had
been
warned
to
repent
and
amend
—
But
if
after
all
this
he
despise
the
Church
Censures
,
the
Bishop
shall
then
desire
the
Royal
Power
to
compel
him
to
submit
,
&c.
[
(s)
](B20551-e25180-b)
(s)
An.
858.
Capit.
Tom.
II.
pag.
115.
&
ibidem
Anno
869.
cap.
10.
pag.
213.
.
And
again
,
No
Bishop
shall
Excommunicate
any
person
without
a
certain
and
manifest
cause
;
But
the
Anathema
shall
not
be
pronounced
without
the
consent
of
his
Arch-Bishop
and
Fellow
Bishops
,
after
the
Evangelical
Admonition
,
and
for
some
Cause
allowed
by
the
Canons
;
because
the
Anathema
is
a
condemning
to
eternal
Death
,
and
ought
not
to
be
inflicted
but
for
mortal
Sin
,
and
on
incorrigible
Offenders
[
(t)
](B20551-e25220-b)
(t)
An.
846.
cap.
Carol.
Calv.
cap.
46.
Tom.
II.
pag.
36.
.
In
which
Laws
those
Princes
do
not
take
upon
them
arbitrarily
to
limit
,
restrain
,
or
direct
the
power
of
Excommunication
,
as
if
their
Bishops
had
that
power
from
them
,
and
not
from
Christ
:
Only
they
take
care
that
they
shall
not
use
that
power
which
Christ
had
trusted
them
with
,
otherwise
than
according
to
the
directions
which
Scripture
,
and
the
old
Canons
,
had
given
for
the
more
orderly
exercise
thereof
:
and
that
they
should
not
abuse
their
power
now
amplified
by
Temporal
Accessions
to
the
dammage
of
private
Subjects
,
or
to
the
disturbance
of
the
Publick
Peace
.
And
this
these
Christian
Princes
were
obliged
to
do
by
their
office
;
and
they
did
it
without
infringing
the
Bishops
Divine
Right
at
all
:
For
though
a
Parent
by
Divine
Right
have
power
over
his
Children
,
yet
without
taking
away
that
Right
the
State
may
direct
Parents
how
to
manage
that
power
.
And
besides
it
may
be
observed
,
That
none
of
the
Princes
did
ever
pretend
,
either
to
grant
the
Bishops
this
power
or
wholly
to
forbid
them
to
exercise
it
;
only
they
direct
them
to
manage
it
warily
and
wisely
,
and
as
they
ought
to
have
managed
it
,
if
no
such
Rules
had
been
given
them
.
And
thus
Mr.
Seldens
great
Argument
taken
from
these
Laws
,
as
if
they
proved
the
Power
of
Excommunication
to
be
in
the
Civil
magistrate
,
falls
to
the
grounds
.
§
.
V.
Against
this
full
and
clear
evidence
I
know
none
that
have
raised
any
considerable
objections
,
but
only
the
learned
Selden
,
who
hath
turned
over
all
his
Authors
and
Records
with
great
diligence
to
pick
up
something
to
oppose
this
ancient
and
almost
Universal
Opinion
,
whose
Instances
when
I
have
examined
and
answered
,
I
need
not
fear
any
great
matter
out
of
Antiquity
,
because
he
had
a
personal
quarrel
to
the
Position
I
maintain
,
and
a
vast
stock
of
Learning
to
enable
him
to
manage
it
to
the
best
advantage
:
His
objections
are
not
put
into
any
Method
,
but
I
shall
collect
them
into
the
best
order
I
can
,
and
with
all
due
respect
to
so
great
an
Antiquary
(
unfortunate
only
in
the
cause
he
undertakes
)
I
shall
consider
them
:
First
he
pretends
that
Constantine
did
absolve
Eusebius
of
Nicomedia
and
Theognis
of
Nice
,
two
Arrian
Bishops
whom
the
Council
of
Nice
had
Excommunicated
,
and
this
he
would
prove
by
the
Phrase
of
an
Arabick
Historian
who
lived
long
after
this
time
[
(u)
](B20551-e25330-b)
(u)
Seld
Syned.
l.
I.
cap.
10.
p.
187
,
188.
.
But
Sozomen
a
more
Authentick
Author
gives
us
a
Copy
of
their
Petition
or
Recantation
offered
to
the
Bishops
,
in
the
end
of
which
they
desire
upon
their
repentance
That
these
Bishops
will
put
the
Emperor
in
mind
of
them
,
and
let
him
know
their
intentions
,
and
that
they
will
please
speedily
to
determine
what
they
shall
think
expedient
concerning
them
[
(w)
](B20551-e25360-b)
(w)
Sozem.
histor.
lib.
2.
Cap.
15.
p.
242.
.
So
that
it
was
the
Bishops
alone
who
could
absolve
them
from
the
Excommunication
,
only
since
they
were
banished
by
the
Emperors
Authority
,
he
was
to
be
requested
to
take
off
that
Penalty
which
he
laid
on
,
and
to
let
,
them
return
to
their
Churches
,
when
the
Bishops
had
accepted
their
repentance
and
taken
off
the
Ecclesastical
censure
.
Secondly
,
He
takes
much
Pains
to
prove
the
Christian
Emperors
from
Constantines
time
till
Gratians
,
viz.
for
about
60
years
,
had
the
Title
and
office
of
Pontifices
Maximi
,
and
the
supreme
Power
in
matters
relating
to
Religion
;
and
consequently
he
supposes
the
Bishops
must
Excommunicate
by
delegation
from
the
Emperors
[
(x)
](B20551-e25400-b)
(x)
Seld.
ibid.
p.
178.
ad
p.
188.
.
For
the
Title
,
I
shall
easily
grant
that
they
bore
it
;
But
his
inference
from
it
I
must
utterly
deny
,
since
there
is
not
(
in
all
Mr.
Seldens
reading
)
One
line
produced
out
of
Antiquity
to
shew
That
the
Emperors
did
delegate
this
power
to
the
Bishops
;
no
Edict
,
no
Law
,
nor
Rescript
,
no
Historian
ever
mentioned
such
a
thing
;
no
Council
,
no
Bishops
were
ever
so
grateful
as
to
own
this
great
favour
;
so
that
it
is
a
meer
Chimaera
.
The
Bishops
did
Excommunicate
before
Constantines
Government
,
and
under
it
,
and
after
it
in
the
same
manner
,
and
(
as
hath
been
shewed
)
even
then
declared
their
power
was
from
God
:
'T
is
true
,
the
admitting
them
to
sit
as
Judges
in
Temporal
Causes
was
by
delegate
power
from
the
Emperors
,
and
therefore
Mr.
Selden
hath
produced
many
Rescripts
to
grant
them
that
power
,
but
not
one
can
he
(
or
any
man
●●se
)
find
wherein
the
Emperors
give
them
power
to
Excommunicate
;
wherefore
they
had
that
Power
by
a
Commission
from
Christ
.
Thirdly
,
he
mentions
those
Phrases
in
the
Imperial
Laws
,
wherein
the
Hereticks
,
who
deny
the
Nicene
Faith
,
are
to
be
driven
and
removed
from
the
thresholds
of
all
Churches
,
and
not
to
be
permitted
to
meet
in
any
Church
,
to
be
forbid
the
Communion
of
Saints
,
and
excluded
the
publick
meetings
,
&c.
[
(y)
](B20551-e25460-b)
(y)
Seld.
Synedr
.
L.
I.
cap.
10.
p.
172.
which
he
would
have
to
signify
an
Imperial
Excommunication
;
but
the
intelligent
Reader
knows
,
that
the
Bishops
in
Council
had
first
decreed
this
Excommunication
,
and
that
by
vertue
of
an
express
divine
Precept
,
Titus
iii.
10.
but
the
Arrians
and
other
Hereticks
were
then
so
numerous
and
so
bold
,
as
to
hold
their
Churches
,
in
despite
of
the
Ecclesiastical
censures
.
Whereupon
the
Orthodox
Emperors
strengthened
the
Bishops
Sentences
with
Secular
Laws
,
and
by
temporal
penalties
enjoyned
the
same
things
which
the
Bishops
had
decreed
by
Divine
Authority
,
and
writ
to
their
Prefects
and
great
Officers
to
see
the
insolence
of
the
Hereticks
restrained
,
and
that
they
should
turn
them
out
of
the
Churches
by
force
,
from
whence
the
Bishops
had
excluded
them
by
their
Spiritual
sentence
:
Now
is
this
to
take
the
Bishops
office
and
power
from
them
?
Yea
,
is
not
this
the
plainest
evidence
the
Emperors
could
give
,
that
they
believed
the
Bishops
had
this
Power
from
God
,
when
they
make
themselves
executioners
of
their
Sentence
upon
the
stubborn
and
refractory
?
Again
,
the
eldest
of
these
rescripts
bears
date
An.
381.
and
Mr.
Selden
supposes
that
this
power
was
delegated
to
the
Bishops
by
the
Emperors
long
before
,
and
if
so
,
how
came
they
now
first
personally
to
exercise
it
?
or
when
did
they
reassume
this
Power
,
or
take
it
from
the
Bishops
again
?
Did
not
the
Bishops
at
Constantinople
in
the
second
general
Council
this
very
year
,
exercise
this
same
power
?
Why
then
should
this
confirmation
of
their
Sentence
,
this
following
their
decision
by
a
Temporal
Law
,
be
supposed
a
taking
away
their
power
?
If
we
examine
the
date
of
that
Council
,
it
is
plain
that
the
Council
was
begun
in
May
,
and
continued
to
November
.
An.
381
,
as
the
learned
Dr.
Beverege
computes
[
(z)
](B20551-e25550-b)
(z)
Bever
.
Annot.
Tom.
2.
p.
89.
.
But
this
Law
bears
date
the
4th
.
of
the
Ides
of
January
following
,
and
under
the
same
Consuls
[
(a)
](B20551-e25570-b)
(a)
Justin
.
Cod.
l.
1.
tit
.
I.
L.
2.
p.
1.
.
So
that
the
Bishops
had
first
Excommunicated
every
Heresy
contrary
to
the
Nicene
Faith
in
the
first
Canon
of
that
Council
,
and
then
some
Months
after
,
the
Emperor
orders
his
Prefects
to
see
their
Sentence
executed
.
Fourthly
,
Mr.
Selden
brings
in
those
Imperial
Laws
that
did
allow
the
Bishops
to
be
the
Judges
in
all
causes
,
if
the
contending
parties
consented
,
and
also
those
which
only
permit
them
to
judge
causes
concerning
matters
of
Religion
,
or
matters
between
Clergy-men
;
and
he
supposes
the
Emperors
permitting
,
enlarging
and
tempering
or
restraining
this
sort
of
jurisdiction
arbitrarily
,
will
prove
,
that
they
did
the
same
as
to
Excommunication
,
which
is
the
principal
instrument
serving
to
this
Jurisdiction
[
(b)
](B20551-e25600-b)
(b)
Seld.
Synedr
.
L.
I.
cap.
10.
p.
187
,
188
,
189
,
190.
.
To
which
I
reply
,
that
the
Bishops
had
a
power
of
Excommunication
long
before
they
had
this
Jurisdiction
;
and
the
one
no
ways
depends
on
the
other
;
nor
do
these
Edicts
at
all
mention
the
power
of
Excommunication
;
Nor
was
that
Power
ever
limited
to
be
used
only
against
the
Clergy
,
as
this
Jurisdiction
sometimes
seems
to
have
been
:
And
again
,
if
it
were
only
a
power
to
judge
causes
where
both
Parties
were
willing
,
as
is
clearly
expressed
in
the
Laws
of
Arcadius
,
Honorius
and
Theodosius
,
They
who
will
try
their
causes
,
before
them
by
consent
[
(c)
](B20551-e25630-b)
(c)
Justin
.
Co●
.
L.
I.
tit
.
4.
L.
VII
.
,
and
they
who
have
chosen
the
Priests
to
hear
their
cause
[
(d)
](B20551-e25650-b)
(d)
Ibid.
L.
8.
p.
25
&
26.
,
then
Excommunication
was
not
needful
,
nor
could
it
be
any
instrument
serving
to
this
kind
of
Jurisdiction
:
Wherefore
the
Emperors
enlarging
or
restraining
this
Jurisdiction
did
no
way
enlarge
or
restrain
their
power
of
Excommunication
which
they
exercised
against
Hereticks
,
and
such
as
were
guilty
of
impieties
or
immoralities
,
not
against
those
who
contended
about
their
Civil
Rights
.
So
that
all
these
Laws
are
nothing
to
the
purpose
;
Only
we
may
observe
,
That
Constantines
first
Law
giving
them
a
general
power
of
hearing
all
sorts
of
Civil
causes
,
bears
date
An.
314
[
(e)
](B20551-e25680-b)
(e)
Selden
Syned.
L.
I.
cap.
10.
p.
177.
,
and
remained
in
force
above
Sixty
years
;
and
if
it
were
narrowed
An.
376
[
(f)
](B20551-e25700-b)
(f)
Ibid.
p.
187
(
of
which
if
it
were
to
our
purpose
some
question
might
be
made
)
yet
it
was
soon
after
enlarged
again
,
viz.
An.
398
[
(g)
](B20551-e25720-b)
(g)
Ibid.
p.
190.
;
and
the
great
Bishops
at
that
time
exercised
all
manner
of
Jurisdiction
[
(h)
](B20551-e25730-b)
(h)
Socrates
hist.
l.
7.
cap.
7.
.
Now
I
refer
it
to
any
indifferent
judge
,
whether
it
be
likely
that
those
Emperors
who
gave
them
more
Power
than
Christ
had
appointed
,
should
take
from
them
an
ancient
piece
of
Authority
,
which
these
Bishops
openly
declared
they
derived
from
Christ
,
and
which
they
and
their
Predecessors
had
always
enjoyed
?
Fifthly
,
He
alledges
that
Justinian
doth
very
often
in
his
own
name
pronounce
Anathema's
against
Hereticks
[
(i)
](B20551-e25760-b)
(i)
Seld.
ibid.
p.
172.
:
But
this
is
easily
answered
out
of
the
places
cited
by
Mr.
Selden
:
For
Justinian
declares
there
That
herein
he
followed
the
Apostles
and
the
holy
Bishops
who
succeeded
them
[
(k)
](B20551-e25800-b)
(k)
Justin
.
Cod.
L.
l.
tit
.
1.
L.
V.
praef.
;
And
that
he
followed
the
holy
Priests
herein
[
(l)
](B20551-e25820-b)
(l)
Ibid.
L.
VI.
praefat.
,
and
did
Anathematize
all
them
that
had
been
Anathematized
in
the
four
General
Councils
[
(m)
](B20551-e25830-b)
(m)
Ibid.
L.
VII
.
§.
3
,
4
&
5.
;
Yea
,
he
saith
that
all
the
Bishops
which
were
present
had
subscribed
these
Anathema's
[
(n)
](B20551-e25850-b)
(n)
Ibid.
L.
VII
.
§.
3.
p.
4.
.
Wherefore
this
is
only
a
declaration
of
that
Emperors
Faith
,
and
an
evidence
that
he
held
the
true
Catholick
Religion
;
nor
was
his
putting
these
Anathema's
into
his
Edict
any
exercise
of
the
power
of
Excommunication
:
For
besides
that
they
are
levelled
at
opinions
,
and
not
at
any
particular
persons
,
This
general
Anathema
was
not
properly
a
Censure
,
but
an
high
act
of
detestation
,
declaring
the
Person
using
it
abhorred
those
Opinions
,
and
thought
such
as
held
them
deserved
to
be
accursed
,
that
is
,
by
those
who
had
the
Power
to
pronounce
them
so
judicially
.
And
Mr.
Selden
knew
this
very
well
;
for
in
the
next
Page
,
(
Page
173.
)
he
observes
,
that
some
learned
Men
do
distinguish
concerning
these
Anathema's
used
by
Lay-Men
,
either
in
Donations
or
Laws
,
and
those
pronounced
by
the
Clergy
;
for
these
are
effectual
,
but
those
of
the
Laity
only
signify
,
those
that
use
them
wish
such
a
sentence
might
be
issued
out
effectually
by
the
Ecclesiastical
Orders
against
these
Hereticks
;
or
that
they
give
their
assent
to
some
such
sentence
formerly
pronounced
by
these
Orders
;
or
that
they
highly
detest
and
abhor
such
persons
and
their
Opinions
;
Even
as
the
reconciled
Quartadecimani
,
who
were
Lay-Men
,
did
Anathematize
that
,
and
all
Heresies
in
the
Council
of
Ephesus
[
(o)
](B20551-e25920-b)
(o)
Seld.
Synedr
.
l.
I.
cap.
10.
p.
173.
Item
Binius
Tom.
I.
par.
2.
pag.
260.
.
Now
it
would
be
a
very
weak
assertion
,
to
say
these
Lay-Men
did
in
this
renouncing
Heresy
with
Anathema's
exercise
the
office
of
Bishops
;
and
yet
that
is
as
true
and
reasonable
as
to
think
or
affirm
,
that
Justinian
did
take
upon
him
by
his
own
Imperial
Authority
to
Excommunicate
these
Hereticks
by
Anathema's
:
For
when
the
Anathema
was
a
formal
Sentence
,
it
was
always
pronounced
by
a
Bishop
.
Sixthly
,
his
most
specious
Argument
is
that
Novel
Constitution
of
Justinians
,
which
Mr.
Selden
saith
,
was
a
Law
made
by
him
as
the
supreme
Arbiter
of
Excommunication
[
(p)
](B20551-e26000-b)
(p)
Seld.
de
Syned
.
p.
172.
:
And
a
little
after
he
cites
it
at
large
,
and
speaks
very
great
things
of
it
[
(q)
](B20551-e26010-b)
(q)
Ibid.
p.
191.
;
as
if
the
Bishops
by
this
Law
might
not
Excommunicate
otherwise
than
by
the
rules
he
prescribed
.
And
lest
we
should
seem
to
fear
this
terrible
Law
,
we
will
transcribe
it
also
;
the
words
are
these
,
We
forbid
all
Bishops
and
Priests
to
exclude
any
person
from
the
holy
Communion
,
before
the
cause
be
shewed
for
which
the
Ecclesiastical
Canons
command
it
to
be
done
.
And
if
any
do
exclude
any
one
from
the
holy
Communion
on
other
accounts
,
he
that
is
unjustly
Excommunicated
shall
be
absolved
and
admitted
to
the
Communion
by
a
greater
Priest
;
And
he
that
presumed
to
Excommunicate
him
shall
by
his
superior
Priest
be
deprived
of
the
Communion
,
so
as
his
Superior
sees
fit
;
that
what
he
hath
done
unjustly
he
may
suffer
[
(r)
](B20551-e26040-b)
(r)
Justin
.
Authent
.
Collat.
9.
tit
.
6.
Nov.
123.
Cap.
xi
.
p.
171.
Et
Basilic
.
Tit.
9.
cap.
9.
p.
124.
Et
Photij
Nomocan
.
p.
124
,
125.
.
Now
for
answer
to
this
Objection
,
I
might
reply
,
that
this
Law
comes
too
late
to
wrest
this
Divine
Right
out
of
the
Bishops
hands
;
for
if
Justinian
had
attempted
to
take
this
power
from
them
after
550
years
Possession
,
and
an
Original
title
from
Christ
and
the
Apostles
,
it
had
signified
no
great
matter
.
But
if
we
review
the
Law
,
we
shall
find
no
such
thing
was
designed
by
it
:
For
we
see
he
doth
not
hinder
Bishops
to
Excommunicate
for
any
offences
which
the
Canons
had
made
liable
to
that
Penalty
:
And
that
was
all
Heresies
and
all
sorts
of
Impiety
and
Immorality
,
as
might
easily
be
proved
if
need
were
.
And
these
Canons
were
made
by
the
Bishops
in
all
Ages
:
So
that
this
was
no
abridging
of
their
Liberty
;
nor
were
they
tyed
to
any
other
rules
than
those
of
their
own
and
their
Predecessors
making
;
By
which
rules
Hereticks
,
Schismaticks
,
Murtherers
,
Adulterers
,
perjured
Persons
,
the
malicious
,
the
profane
,
and
all
sorts
of
scandalous
offenders
were
to
be
Excommunicated
;
and
to
say
they
must
censure
none
but
these
is
to
give
them
all
the
liberty
Christ
had
allowed
them
,
or
their
Predecessors
used
.
And
though
it
be
said
,
the
cause
must
be
first
shewed
;
This
doth
not
mean
it
must
be
shewed
to
the
Emperor
or
any
Secular
Magistrate
,
only
the
Bishop
must
proceed
regularly
,
and
first
warn
the
Criminal
(
as
Christ
himself
directs
,
Matth.
xviii
)
and
then
convict
him
of
the
offence
.
So
that
the
Person
Excommunicated
may
know
what
fault
he
is
punished
for
;
which
is
so
just
and
reasonable
a
temperament
,
that
he
deserves
not
to
be
trusted
with
any
power
of
judging
by
God
or
Man
who
will
not
observe
this
.
Nor
can
Excommunication
attain
the
end
which
Christ
appointed
it
for
(
even
the
conversion
of
the
Sinner
)
unless
the
Bishop
do
thus
proceed
;
so
that
Christ
as
well
as
the
Emperor
requires
this
,
which
implies
no
more
,
than
that
this
weighty
Censure
ought
not
to
be
rashly
and
unjustly
laid
on
,
contrary
to
the
rules
of
Christ
,
who
was
the
Author
of
it
,
and
to
the
practice
of
the
Ancient
Church
.
And
for
the
Emperor
to
make
such
a
Law
doth
no
more
disprove
the
Clergies
Divine
Right
to
Excommunicate
,
than
our
English
Laws
(
That
the
Clergy
shall
Pray
at
such
times
and
in
such
Gestures
and
Habits
,
and
by
such
a
Form
agreeable
to
Gods
Word
;
And
that
they
shall
Preach
in
such
certain
places
or
on
such
days
,
and
not
vent
any
Heresie
or
Sedition
in
their
Sermons
)
do
prove
that
our
Clergy
have
not
Authority
from
God
to
Pray
and
Preach
;
and
the
like
may
be
said
of
the
Sacraments
.
No
doubt
the
Supream
Powers
ought
to
see
that
all
Men
of
all
ranks
do
that
duty
which
God
requires
of
them
,
orderly
,
uniformly
,
and
so
as
may
be
for
the
common
benefit
,
and
in
so
doing
they
do
not
invade
any
Persons
Right
.
'T
is
true
,
if
that
Emperor
had
forbid
the
Bishops
to
Excommunicate
any
Man
for
any
Cause
,
(
as
he
that
gives
may
take
away
a
Delegated
Power
)
or
if
our
Laws
should
wholly
forbid
the
Clergy
to
Pray
,
Preach
or
Administer
the
Sacraments
,
then
the
Divine
Right
would
be
invaded
;
but
not
when
they
only
direct
us
to
exercise
our
Power
wisely
,
orderly
,
and
profitably
:
This
is
no
more
than
for
the
Civil
Magistrate
to
make
a
Hedge
for
Gods
Law
,
as
Mr.
Selden
observes
,
and
indeed
argues
very
well
against
this
false
inference
of
his
own
[
(s)
](B20551-e26100-b)
(s)
Seld
:
lib.
1.
cap.
10.
pag.
277
&
pag.
288.
.
Besides
after
all
this
flourish
,
Mr.
Selden
well
knew
,
that
this
Law
is
no
other
than
what
the
Canons
of
the
Church
had
decreed
before
Justinians
time
;
For
the
Famous
Canons
of
Carthage
do
Ordain
,
That
no
Bishop
shall
rashly
or
lightly
deprive
any
one
of
the
Communion
,
nor
for
any
fault
only
known
to
him
by
the
private
Confession
of
the
parties
[
(t)
](B20551-e26150-b)
(t)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Concil.
Carthag
.
Can.
134.
vid.
Can.
133.
Bever
.
Tom.
I.
p.
668.
;
Which
former
Canon
being
the
same
with
this
Law
,
is
repeated
in
following
Canons
and
Councils
of
later
times
[
(u)
](B20551-e26170-b)
(u)
An.
552.
Concil.
5.
Aurel.
can
.
2.
An.
750.
Excerp
.
Egbertican
.
48.
Spelm.
pag.
263.
Et
in
Capitular
.
.
So
that
Justinian
laid
no
restraint
upon
them
,
but
what
the
Clergy
had
before
agreed
to
lay
upon
themselves
;
and
this
Law
is
but
a
Confirmation
of
a
Former
Canon
;
Yea
,
if
the
making
such
a
Decree
demonstrate
a
Supream
Arbiter
of
Church
Censures
,
then
the
Clergy
were
Supream
Arbiters
of
them
long
before
,
and
many
years
after
.
We
may
now
leave
this
Objection
,
when
we
have
observed
,
that
this
Novel
doth
not
make
the
Emperor
Judge
,
or
punisher
of
this
rashness
,
but
the
Metropolitan
,
he
is
to
Excommunicate
the
unjust
Excommunicator
,
not
the
Emperor
;
which
shews
,
that
the
offending
Bishop
did
not
act
by
a
Delegate
Power
,
for
if
he
had
,
the
Emperor
would
have
been
the
punisher
;
and
if
ever
any
Emperor
should
have
Excommunicated
,
this
had
been
a
fit
occasion
when
the
Bishops
abused
the
power
they
gave
them
;
but
Lo
,
here
is
none
mentioned
to
execute
this
Sentence
,
but
the
offenders
own
Metropolitan
,
one
of
his
own
Order
:
And
therefore
this
Novel
Constitution
plainly
supposes
,
none
but
one
of
the
Clergy
could
Excommunicate
;
and
this
added
to
what
we
noted
before
concerning
the
French
Capitular
,
forbidding
rash
Excommunications
,
is
a
full
reply
to
this
seemingly
formidable
Objection
.
There
are
some
other
slight
Objections
relating
to
these
times
,
which
we
will
briefly
here
set
down
.
First
,
he
would
prove
the
Christian
Excommunication
to
be
the
same
with
the
Jewish
,
from
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
cast
out
of
the
Synagogue
,
which
some
Christian
Writers
use
for
Excommunication
[
(w)
](B20551-e26210-b)
(w)
Seld.
Synedr
.
lib.
1.
cap.
13.
pag.
272
&
276.
,
but
who
knows
not
,
that
very
many
words
which
had
been
used
by
the
Jews
,
were
taken
up
by
the
Christians
,
and
used
in
a
different
sense
from
that
which
they
Originally
signified
?
So
the
Fathers
use
the
Word
Passover
,
not
for
the
Jewish
Feast
upon
their
Paschal
Lamb
,
but
for
the
Christian
Festival
in
Memory
of
Christs
Resurrection
;
So
also
they
use
the
word
Sacrifice
,
for
the
Commemoration
of
Christs
one
Oblation
in
the
Eucharist
,
not
for
a
real
Bloody
Sacrifice
.
The
like
might
be
observed
of
many
other
Words
,
viz.
Apostle
,
Baptism
,
Presbyter
,
&c.
which
were
Jewish
Phrases
,
but
used
by
the
Christians
in
a
quite
different
sense
.
Wherefore
supposing
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
did
signifie
only
an
excluding
from
Civil
Rights
among
the
Jews
(
which
is
not
true
as
was
shewed
before
)
it
doth
not
follow
that
it
must
signifie
no
more
among
the
Christians
.
Again
,
He
objects
that
a
certain
Monk
did
Excommunicate
the
younger
Theodosius
,
who
would
not
be
satisfied
till
the
same
Monk
had
absolved
him
[
(x)
](B20551-e26280-b)
(x)
Idem
lib.
1.
cap.
10.
pag.
171.
è
Theodoret.
lib.
5.
cap.
36.
;
And
hence
he
infers
,
that
others
besides
Bishops
may
Excommunicate
without
any
formal
process
,
as
the
Custom
was
among
the
latter
Jews
.
I
reply
,
this
bold
Fact
being
a
single
Instance
,
is
no
Argument
that
such
a
thing
might
lawfully
be
done
;
yea
,
the
Patriarchs
Opinion
was
,
that
the
Emperor
needed
no
Absolution
from
so
rash
a
Sentence
.
And
it
was
in
Compliance
with
the
Emperors
fears
,
that
this
absolution
was
procured
;
yet
it
is
not
improbable
this
Monk
was
in
Priests
Orders
,
because
Theodosius
desires
the
Patriarch
,
to
give
him
Licence
to
loose
the
Bond
who
had
laid
it
on
;
However
if
the
Monks
zeal
transported
him
beyond
the
bounds
of
his
Duty
,
that
is
no
ground
of
Argument
nor
Precedent
for
us
to
follow
.
He
also
objects
the
saying
of
S.
Hierom
,
upon
that
place
of
S.
Matthew
xvi
.
19.
concerning
the
power
of
Binding
and
loosing
;
Which
words
(
S.
Hierom
saith
)
some
Bishops
and
Priests
not
understanding
,
Pharisaically
thought
they
could
condemn
the
Innocent
,
or
absolve
the
Guilty
;
whereas
before
God
the
Life
of
the
Criminal
is
considered
,
rather
than
the
Sentence
of
the
Priest
.
And
he
goes
on
to
compare
this
with
the
Office
of
the
Levitical
Priests
,
who
did
not
make
the
Leprous
clean
or
unclean
,
but
discern
and
declare
who
were
so
;
and
saith
,
in
like
manner
the
Priests
and
Bishops
now
,
do
not
by
Binding
or
Loosing
make
Men
Guilty
or
Innocent
,
but
by
vertue
of
their
Office
discern
and
declare
who
are
really
so
[
(y)
](B20551-e26350-b)
(y)
Seld.
Syn.
lib.
1.
cap.
13.
pag.
285.
ex
Hieron
.
Com.
in
Matth.
16.
.
And
Mr.
Selden
thinks
this
argues
that
S.
Hierom
did
not
think
Christ
had
given
the
Clergy
such
a
Jurisdiction
as
they
claim
from
these
words
.
I
Answer
,
that
we
do
not
pretend
to
any
such
Power
,
as
to
condemn
the
Innocent
or
clear
the
Guilty
;
but
Grant
that
God
doth
not
always
follow
the
Judgment
of
the
Church
,
which
may
be
imposed
on
sometimes
[
(z)
](B20551-e26390-b)
(z)
Petr.
Lomb.
sent.
lib.
4.
.
And
that
the
power
of
Loosing
is
not
granted
absolutely
,
but
upon
Condition
of
the
parties
Repentance
[
(a)
](B20551-e26410-b)
(a)
D.
Basil
.
reg.
brev.
qu.
15.
.
But
we
do
affirm
that
when
the
party
is
really
Guilty
,
and
the
Priest
deelares
him
to
be
so
,
he
is
not
only
to
be
excluded
out
of
the
Christian
Assembly
,
but
as
S.
Hierom
(
cited
before
)
saith
,
He
is
in
a
sort
judged
before
the
day
of
Judgment
.
And
we
have
proved
above
,
that
S.
Hierom
did
hold
the
Clergy
had
this
power
from
Christ
,
but
it
is
no
wonder
,
if
the
Servants
who
Act
by
Commission
be
obliged
to
those
Conditions
which
their
Master
binds
himself
to
:
Neither
Angel
nor
Archangel
,
nor
the
Lord
himself
will
Pardon
any
(
saith
S.
Ambrose
)
but
the
Penitent
[
(b)
](B20551-e26470-b)
(b)
Ambros
.
Ep.
28.
ad
Theodos
.
August
.
.
We
do
not
vindicate
the
abuse
of
this
power
,
nor
defend
any
that
use
it
amiss
;
but
only
we
affirm
it
is
a
very
dreadful●-thing
for
the
Guilty
to
be
Excommunicated
,
and
a
very
comfortable
thing
for
the
Penitent
to
be
absolved
,
by
him
who
hath
the
power
of
judging
granted
by
Christ
himself
;
and
a
Man
ought
to
fear
his
own
Estate
,
when
the
Embassador
and
substitute
of
Christ
doth
judge
him
unworthy
of
the
Christian
Communion
,
lest
,
as
S.
Chrysostom
speaks
,
Heaven
should
follow
Earth
,
and
lest
the
Lord
should
ratifie
above
,
what
the
Servant
hath
done
below
.
I
am
sure
this
great
Truth
firmly
believed
and
well
considered
,
would
be
a
powerful
means
to
bring
Sinners
to
Repentance
;
whereas
the
teaching
Men
to
despise
this
Sentence
,
not
only
deceives
men
,
but
hardens
them
to
their
destruction
.
I
find
no
more
Objections
relating
to
Ancient
times
,
and
Mr.
Selden
proceeds
from
thence
to
affirm
,
That
the
French
Emperors
in
the
West
did
order
,
limit
,
permit
or
restrain
Excommunication
as
those
in
the
East
had
done
;
but
we
have
fully
answered
all
those
quotations
,
by
which
he
pretends
to
prove
this
,
in
our
Account
of
the
Capitulars
before
,
where
we
have
shewed
there
is
nothing
to
make
out
Mr.
Seldens
Opinion
.
There
remain
only
two
particulars
not
considered
before
,
the
First
is
that
Article
of
Peace
between
the
French
and
German
Princes
,
An.
860.
Whereby
it
is
agreed
with
the
consent
of
divers
Bishops
,
That
no
Offenders
shall
be
Excommunicated
till
the
Bishop
,
according
to
the
Gospel
Precept
have
admonished
him
to
repent
;
and
if
he
refuse
this
Admonition
,
complaint
is
to
be
made
to
the
King
or
his
Officers
,
to
compel
him
to
submit
to
penance
,
and
to
amend
;
and
if
this
will
not
prevail
,
then
the
Offender
is
to
be
Excommunicated
for
his
Souls
health
[
(c)
](B20551-e26580-b)
(c)
Seld.
Synedr
.
lib.
1.
cap.
10.
pag.
192.
.
Which
Law
doth
suppose
the
Bishops
power
of
Excommunication
grounded
on
S.
Math.
xviii
.
And
since
Christ
there
directs
all
possible
means
to
be
used
to
bring
the
Sinner
to
Repentance
,
before
he
be
put
into
the
State
of
a
Heathen
and
Publican
;
I
do
not
see
but
this
Law
proceeds
upon
the
same
ground
;
and
no
doubt
in
that
Age
they
did
believe
Excommunication
to
be
a
dreadful
thing
,
since
it
was
the
highest
penalty
and
last
remedy
to
be
used
:
So
that
this
doth
not
prove
the
Power
of
Excommunication
was
not
Originally
in
the
Bishops
by
the
Grant
of
Christ
;
but
only
that
it
was
so
dreadful
in
its
effects
,
that
all
other
ways
were
first
to
be
tryed
towards
Offenders
:
Yet
withal
,
if
we
consider
the
Law
well
,
we
shall
see
the
Civil
Authority
is
complained
unto
,
only
to
bring
the
Offender
to
submit
to
Ecclesiastical
Discipline
,
not
to
take
the
cause
out
of
the
Bishops
hands
.
The
second
particular
is
that
place
cited
by
Ivo
Catnotensis
out
of
the
Capitulars
,
That
if
the
King
receive
any
of
the
Offenders
to
his
Favour
,
or
admit
them
to
his
Table
,
The
Priests
and
Christian
Assemblies
ought
to
receive
these
into
Ecclesiastical
Communion
;
that
he
who
is
reconciled
to
the
Prince
,
may
not
be
kept
at
a
distance
from
the
Priests
of
God
[
(d)
](B20551-e26620-b)
(d)
Seld.
ut
sup.
cap.
10.
pag.
193
,
194.
.
Where
Mr.
Selden
wonders
that
Kings
should
have
such
a
power
of
Absolving
in
an
Age
,
when
the
Bishop
of
Rome
dared
to
Excommunicate
them
:
And
it
were
a
greater
wonder
,
if
this
Custom
should
prove
that
Bishops
had
not
the
power
of
Binding
and
Loosing
by
Divine
Right
,
since
it
was
so
generally
believed
they
had
this
right
in
that
Age
,
wherein
it
is
said
this
Custom
was
in
use
:
Wherefore
it
must
be
observed
,
first
that
Mr.
Selden
Confesses
,
it
was
a
Pagan
rite
(
mentioned
in
Herodotus
and
Diodorus
Siculus
)
for
Kings
to
give
a
sort
of
Absolution
to
involuntary
Slayers
of
Men
,
by
admitting
them
to
their
Table
;
And
this
Custom
was
in
France
before
the
Kings
became
Christian
,
as
seems
probable
by
that
example
of
King
Guntram's
receiving
a
Bishop
to
his
Favour
,
that
had
been
.
Excommunicated
for
suspicion
of
Treason
;
upon
which
he
was
(
without
any
Judgment
of
a
Synod
)
restored
to
his
Bishoprick
[
(e)
](B20551-e26710-b)
(e)
Circa
An.
580.
Greg.
Turon
.
lib.
5.
cap.
19.
&
lib.
7.
cap.
16.
;
soon
after
those
Kings
had
forsaken
Paganism
.
So
that
it
is
probable
enough
,
those
Princes
after
their
Conversion
might
retain
this
Barbarous
Custom
,
and
that
whether
the
Bishops
would
or
no
;
in
which
case
there
can
no
good
Argument
be
drawn
from
a
Heathen
Custom
,
obstinately
retained
by
a
People
lately
Barbarous
,
to
invalidate
the
Law
of
Christ
:
But
we
need
not
fly
to
that
refuge
;
For
these
(
Culpati
)
Offenders
,
here
mentioned
,
are
not
all
Excommunicate
Persons
,
but
only
such
as
were
Excommunicated
for
Treason
:
To
prove
which
we
must
observe
,
that
in
the
fourth
Council
of
Toledo
the
Bishops
began
to
pronounce
most
dreadful
Anathema's
against
such
as
broke
their
Oath
of
Allegiance
,
and
Rebelled
against
their
King
[
(f)
](B20551-e26750-b)
(f)
An.
633.
Concil.
4.
Tolet.
Can.
75.
Bin.
Tom.
II.
par.
2.
pag.
357.
;
Which
kind
of
Anathema
or
Sentence
of
Greater
Excommunication
was
also
used
afterwards
in
the
Eastern
Empire
[
(g)
](B20551-e26760-b)
(g)
An.
1026.
vid.
Seld.
pag.
212.
against
Rebels
and
Seditious
,
these
therefore
were
the
(
Culpati
)
Offenders
,
whom
the
Bishops
were
to
absolve
,
if
the
King
forgave
them
,
who
was
the
party
principally
offended
:
And
to
prove
this
we
need
go
no
further
than
the
third
Canon
of
the
Twelfth
Council
of
Toledo
(
out
of
which
this
Law
of
the
Capitulars
is
verbatim
transcribed
,
and
of
which
it
is
an
Abbreviation
)
the
words
of
which
are
;
We
see
with
grief
some
of
the
offenders
(
Ex
numero
Culpatorum
)
received
into
the
Princes
favour
,
but
remaining
Banished
by
the
College
of
Priests
,
which
evil
is
caused
by
the
liberty
Princes
take
to
oblige
others
to
what
themselves
will
not
observe
,
so
that
they
will
eat
and
converse
with
those
which
they
have
caused
to
be
separated
from
the
Church
;
But
because
the
remission
of
those
things
they
do
against
the
King
and
Country
is
by
the
former
Canons
[
(h)
](B20551-e26820-b)
(h)
An.
636.
Concil.
5.
Tolet.
Can.
8.
Bin.
Tom.
II.
par.
2.
pag.
336.
reserved
to
the
Prince
alone
,
against
whom
they
have
offended
;
therefore
hereafter
in
this
Case
no
Priest
shall
forbear
Communion
with
them
,
but
those
whom
the
King
receives
to
his
favour
or
admits
to
his
Table
,
&c.
just
in
the
words
of
the
Capitular
cited
above
[
(i)
](B20551-e26840-b)
(i)
An.
681.
Concil.
XII
.
Tolet
.
Can.
3.
Bin.
Tom.
III.
par.
1.
pag.
272.
.
Whence
we
may
observe
that
these
offenders
were
only
Rebels
,
and
if
the
King
would
pardon
these
,
there
was
no
reason
the
Church
should
keep
them
Excommunicated
,
when
they
had
satisfied
the
party
offended
;
this
being
no
more
than
what
is
granted
to
a
private
Person
,
whose
complaint
causes
any
Man
to
be
Censured
by
the
Church
;
to
whom
if
the
offender
make
satisfaction
,
the
Church
will
withdraw
the
Sentence
.
And
one
thing
more
is
plain
by
this
Canon
,
that
the
Bishops
by
a
Canon
of
a
former
Council
had
granted
the
Kings
this
priviledge
to
acquit
such
as
offended
against
their
Crown
;
so
that
the
power
in
the
Prince
was
by
Delegation
from
the
Bishops
at
first
,
and
therefore
this
can
never
prove
the
Bishops
acted
by
Delegation
from
the
King
,
in
the
Case
of
Excommunicating
and
Absolving
;
And
if
any
do
wonder
the
Bishops
should
give
the
King
this
Priviledge
,
they
must
consider
,
that
every
Excommunicate
Person
ought
to
be
absolved
when
he
gives
good
Evidence
of
his
Repentance
;
and
because
a
Rebel
can
give
no
greater
Testimony
of
his
Repentance
,
than
so
to
carry
himself
as
to
get
the
Kings
Pardon
,
therefore
on
this
Evidence
the
Offender
was
to
be
absolved
,
yet
so
as
(
by
this
Canon
it
appears
)
the
Bishops
Absolution
was
to
follow
the
Kings
Pardon
,
before
the
Criminal
could
enjoy
the
liberty
of
Ecclesiastical
Communion
.
These
are
all
the
Objections
which
Mr.
Selden
can
meet
with
in
Antiquity
,
to
oppose
our
Assertion
,
all
which
we
have
fully
considered
;
and
now
we
should
also
examine
those
which
he
brings
for
later
times
out
of
the
Laws
,
Statutes
,
and
Usages
of
Modern
Kingdoms
within
the
last
500
or
600
years
:
But
before
we
answer
these
Allegations
,
we
will
premise
a
few
things
:
First
,
That
if
Christ
granted
and
the
Church
enjoyed
this
power
for
above
1000
years
together
,
the
Laws
and
Usages
of
particular
Countries
afterwards
,
cannot
deprive
the
Clergy
of
this
right
,
though
they
should
expresly
decree
it
.
Secondly
,
That
the
Roman
Church
in
these
later
times
did
so
abuse
this
Sacred
Censure
,
prostituting
it
to
serve
the
ends
of
Avarice
and
Ambition
,
and
making
it
a
Secular
Engine
to
advance
themselves
into
Temporal
Power
and
Possessions
;
yea
,
and
disturbing
the
Governments
of
all
Nations
with
their
ill
management
of
this
once
Divine
Sentence
,
that
it
is
no
wonder
if
Princes
did
use
all
means
to
remedy
this
evil
,
and
for
their
own
safety
and
the
quiet
of
their
Kingdoms
committed
to
them
by
God
,
did
frequently
prohibit
these
proceedings
.
Thirdly
,
that
in
so
doing
they
did
not
oppose
Christs
Institution
,
but
only
the
gross
abuse
of
it
to
ends
for
which
our
Lord
never
did
design
it
;
So
that
they
did
not
meddle
with
that
part
of
Excommunication
,
which
purely
aimed
at
the
Conversion
of
Criminals
,
and
the
Reformation
of
Manners
;
they
did
not
oppose
or
check
the
Bishops
in
the
Spiritual
part
of
their
Office
,
in
doing
as
the
Primitive
Pastors
did
;
but
only
when
they
used
their
power
for
Secular
ends
;
And
commonly
all
the
difference
between
the
Empire
and
the
Priesthood
was
concerning
some
outward
Appendixes
to
Excommunication
annexed
by
the
favour
of
devout
Princes
,
which
being
abused
by
the
Ecclesiasticks
,
Princes
would
have
taken
away
again
,
or
limited
so
as
they
might
not
be
a
grievance
to
them
and
their
Subjects
:
But
the
power
it self
as
Christ
gave
it
,
no
King
ever
attempted
to
take
away
;
and
therefore
these
instances
will
not
much
concern
my
Opinion
who
am
pleading
only
for
the
Primitive
sort
of
Excommunication
,
attended
with
those
modern
circumstances
as
it
is
exercised
in
the
reformed
Church
of
England
,
where
it
never
did
disturb
the
Government
,
but
is
rather
very
useful
to
it
.
De
Marca
hath
well
observed
,
there
is
a
deep
silence
among
the
Ancients
,
about
the
Churches
invading
the
jurisdiction
of
the
Prince
,
for
the
ancient
Bishops
only
minded
to
keep
up
the
Canonical
discipline
[
(k)
](B20551-e26900-b)
(k)
De
Marca
de
concordia
.
Tom.
I.
l.
4.
cap.
11.
§.
1.
:
And
so
do
our
Reformed
Bishops
.
Wherefore
I
am
not
concerned
how
the
Papal
encroachments
were
tolerated
or
restrained
,
because
Excommunication
was
rightly
managed
before
they
were
in
being
,
and
is
now
after
they
are
cast
out
:
And
now
a
brief
review
of
these
objections
will
suffice●y
wherefore
we
will
here
represent
them
all
together
.
He
alledges
many
particulars
to
this
purpose
,
viz.
That
Eadmerus
saith
concerning
William
the
Conqueror
,
That
he
would
not
suffer
any
of
his
Barons
or
Ministers
to
be
prosecuted
or
Excommunicated
for
Incest
,
Adultery
,
or
any
other
Capital
Crime
[
(l)
](B20551-e26940-b)
(l)
Seld.
de
Synedr
.
lib.
I.
Cap.
10.
pag.
197.
:
Which
seems
to
be
an
odious
representation
of
a
Monk
,
who
was
concerned
in
the
controversy
between
Anselm
and
the
Crown
;
for
Eadmerus
Author
of
this
Charge
,
was
one
of
Anselms
Monks
:
The
truth
therefore
(
I
suppose
)
was
,
that
King
William
expected
to
have
notice
before
any
of
his
Court
were
Excommunicated
,
for
that
is
one
of
the
Customs
of
their
Fathers
,
which
the
English
Nobility
got
to
be
enacted
for
a
Law
in
the
Statutes
of
Clarendon
[
(m)
](B20551-e27010-b)
(m)
Statut.
Clarend
.
Matth.
Paris
.
An.
1164.
p.
100.
:
But
it
is
not
credible
that
any
Christian
King
should
presume
to
forbid
Discipline
to
be
exercised
in
such
Cases
,
wherein
the
Law
of
God
and
the
example
of
the
Apostles
required
it
should
be
used
;
and
if
King
William
had
forbid
any
such
thing
,
his
prohibition
had
been
impious
and
unjust
,
as
being
against
the
express
Law
of
God
.
But
for
that
custom
of
the
Bishops
acquainting
the
King
first
,
before
any
such
Sentence
were
issued
out
against
his
chief
Officers
,
there
seems
to
be
some
reason
for
it
:
First
,
Because
the
King
is
supposed
to
be
able
to
bring
these
to
amendment
,
without
any
severity
.
Secondly
,
in
that
age
many
things
were
annexed
to
Excommunication
by
Princes
bounty
to
the
Church
;
so
that
if
this
Person
were
one
of
whom
the
King
had
great
need
in
his
Affairs
,
he
might
thus
have
become
useless
to
him
on
the
sudden
,
to
the
great
dammage
of
his
Government
.
Thirdly
,
The
Prince
himself
might
thus
unwarily
become
lyable
to
Excommunication
,
by
conversing
with
the
Excommunicate
:
So
that
this
Custom
requires
notice
be
given
to
the
Prince
first
,
and
with
his
leave
the
Offender
may
be
Excommunicated
.
Nor
ought
we
to
suppose
that
any
Christian
Prince
,
who
saw
a
good
Bishop
only
designing
reformation
of
some
scandalous
Officer
or
Servant
of
his
,
would
deny
his
leave
for
the
Bishop
to
censure
him
;
and
if
he
did
,
I
dare
venture
to
say
,
Might
overcomes
Right
.
For
I
am
not
of
Mr.
Seldens
Opinion
,
That
Secular
Laws
and
Customs
are
always
just
;
but
I
believe
pious
Bishops
have
often
for
peace
sake
submitted
to
unjust
Laws
and
Customs
both
,
rather
than
disturb
their
Country
,
or
raise
Sedition
against
their
Prince
.
Again
,
He
objects
divers
Sentences
of
Excommunication
denounced
in
Parliament
against
the
infringers
of
Magna
Charta
,
and
other
Liberties
of
the
Church
and
People
.
I
reply
,
Mr.
Selden
grants
this
is
not
properly
Excommunicating
,
but
only
a
Threatning
of
this
Sentence
in
general
,
and
a
declaration
that
they
all
believe
the
Person
so
offending
deserves
to
be
Accursed
and
Excommunicated
by
the
Bishops
:
and
since
so
many
Bishops
were
present
in
Parliament
,
the
Sentence
was
theirs
properly
,
and
the
rest
only
expressed
their
agreement
to
it
:
And
withal
,
Excommunication
was
by
the
consequents
attending
it
,
even
as
to
a
Mans
outward
condition
,
become
one
of
the
most
grievous
Penalties
of
all
others
in
this
Age
;
and
so
it
is
no
wonder
if
Princes
,
who
had
annexed
these
Consequences
to
it
,
did
oblige
the
Clergy
to
pronounce
it
with
general
assent
on
solemn
occasions
,
to
make
their
Laws
the
better
to
be
observed
:
Though
I
am
apt
to
question
,
whether
it
were
well
done
to
use
it
to
such
Secular
purposes
.
We
have
indeed
one
Statute
since
the
Reformation
(
objected
also
by
Mr.
Selden
)
[
(n)
](B20551-e27080-b)
(n)
Stat.
5
&
6
Edvard
.
6.
Cap.
4.
Vide
Seld.
ut
supr.
pag.
173.
which
decrees
Excommunication
for
striking
in
the
Church
or
Church-yard
;
but
this
is
not
only
a
Law
made
by
the
Bishops
consent
,
but
also
it
relates
to
a
matter
of
the
Church
,
and
is
no
more
but
a
confirmation
of
divers
ancient
Canons
,
which
they
supposed
would
be
better
observed
,
if
the
whole
Parliament
did
assent
to
them
,
and
pass
them
into
a
Secular
Law
,
as
was
often
done
by
the
Primitive
Emperors
in
the
Civil
Law
,
and
by
the
French
Kings
in
the
Capitulars
;
but
neither
they
,
nor
our
Parliament
,
ever
intended
hereby
to
take
the
matter
out
of
the
Clergies
power
,
or
to
assume
this
power
into
their
own
hands
;
Yea
,
the
Statute
cited
,
expresly
saith
,
The
Ordinary
shall
issue
out
the
Sentence
.
Again
,
Mr.
Selden
saith
,
The
Kings
of
France
,
Spain
and
England
,
&c.
do
allow
Appeals
from
the
Bishops
Consistory
in
many
cases
.
I
reply
,
That
many
cases
are
tryed
in
that
Court
by
the
pious
favour
of
Christian
Princes
,
who
truly
believed
Bishops
fittest
to
judge
in
causes
concerning
Testaments
,
Legacies
,
Guardianship
,
Divorce
,
&c.
Now
in
these
matters
,
which
are
judged
by
Bishops
,
not
by
any
express
Law
of
God
,
but
by
favour
of
the
Prince
,
he
may
see
that
Bishops
judge
rightly
,
and
therefore
the
King
did
of
old
grant
Prohibitions
on
great
occasions
,
and
call
some
of
these
matters
into
his
Temporal
Courts
,
where
anciently
he
sat
himself
;
which
Custom
being
confirmed
by
time
,
is
practised
to
this
day
;
but
this
no
way
concerns
the
Bishops
Authority
which
Christ
gave
him
;
and
if
the
Sentence
be
for
Heresie
,
or
any
other
Scandalous
Offence
,
for
which
of
old
Excommunication
was
inflicted
;
or
if
it
only
tend
to
reformation
of
Manners
,
and
to
the
Salvation
of
the
Criminals
Soul
,
no
Appeal
lyes
.
So
that
our
opinion
of
the
Divine
Right
of
Excommunication
is
not
disproved
by
these
proceedings
.
But
he
argues
further
,
That
the
Kings
of
England
have
some
times
sent
out
their
Writs
to
command
Bishops
to
revoke
their
Excommunications
,
of
which
he
gives
some
instances
[
(o)
](B20551-e27140-b)
(o)
Seld.
Synedr
.
lib.
I.
cap.
10.
pag.
201.
&c.
.
To
this
I
reply
,
That
all
the
cases
he
specifies
,
are
notorious
violations
of
that
power
which
Christ
had
entrusted
the
Bishops
with
,
tending
to
the
hindring
the
King
Precepts
from
being
executed
,
and
to
the
oppression
of
his
Loyal
Subjects
.
Now
since
the
King
is
,
and
ought
to
be
Supreme
in
all
Causes
,
as
well
Ecclesiastical
as
Civil
,
no
doubt
it
is
his
Office
and
Duty
to
see
that
all
Persons
do
rightly
use
the
power
they
have
,
and
if
they
abuse
it
,
he
may
hinder
them
or
punish
them
for
it
;
and
in
so
doing
he
doth
not
take
away
the
Power
it self
from
those
who
use
it
well
,
nor
deny
it
to
come
Originally
from
Christ
:
As
if
a
King
do
imprison
or
banish
a
Priest
for
preaching
Sedition
,
none
will
say
that
he
thereby
denies
any
Priest
to
have
a
power
from
Christ
to
preach
good
Doctrine
.
And
truly
,
if
the
Clergy
do
abuse
their
power
,
they
ought
to
be
corrected
for
it
;
for
our
Saviour
,
who
set
up
Kings
as
well
as
Priests
,
and
made
Princes
the
Supreme
,
never
intended
to
give
his
Ministers
any
power
to
disturb
the
Publick
Peace
,
or
oppose
the
good
Government
of
the
World
:
And
if
Princes
had
not
power
to
hinder
such
unjust
Sentences
,
they
could
not
govern
their
Kingdoms
,
nor
do
their
duty
.
And
when
the
Pope
and
his
Clergy
strove
with
Kings
for
the
Supremacy
,
it
was
high
time
for
them
to
check
these
dangerous
attempts
,
or
else
they
would
not
have
sitten
any
longer
in
their
Thrones
than
the
Pope
pleased
:
But
all
this
is
now
out
of
doors
,
and
therefore
the
objection
signifies
nothing
as
to
our
Protestant
Bishops
exercising
this
Authority
,
because
they
yield
the
King
the
Supremacy
in
all
Causes
,
as
the
Primitive
Bishops
did
.
And
even
in
Popish
times
,
though
the
Kings
did
prohibit
the
abuse
of
this
power
,
yet
at
the
same
time
they
owned
the
Right
to
be
solely
in
the
Bishops
:
For
Edward
the
third
,
(
whom
Mr.
Selden
instances
in
)
did
by
his
Letters
request
John
Stratford
Arch-Bishop
of
Canterbury
,
and
the
rest
of
the
Bishops
of
his
Kingdom
,
to
Excommunicate
all
notorious
Malefactors
and
Disturbers
of
the
Peace
of
Church
and
State
;
which
request
they
granted
in
a
Council
at
London
[
(p)
](B20551-e27200-b)
(p)
An.
1342.
ap.
Spelm.
Concil.
Tom.
II.
p.
581.
.
And
whatever
other
objections
Mr.
Selden
hath
raised
relating
to
the
times
before
the
Reformation
,
they
cannot
imply
what
he
intends
,
because
it
was
the
General
Opinion
,
That
the
Clergy
(
who
he
confesses
consented
to
many
of
these
limitations
)
had
a
Right
from
God
to
Excommunicate
and
absolve
.
Hence
in
the
Charter
of
William
the
Conqueror
,
He
that
is
prosecuted
for
an
Offence
according
to
the
Bishops
Laws
,
shall
come
and
give
satisfaction
according
to
the
Canons
to
God
and
his
Bishop
[
(q)
](B20551-e27240-b)
(q)
An.
1085.
ap.
Spelm.
Tom.
II.
pag.
14.
.
And
Matth.
Paris
affirms
,
Robert
de
Marmiun
,
who
died
Excommunicate
,
to
be
in
the
State
of
Damnation
[
(r)
](B20551-e27270-b)
(r)
An.
1143.
Matth.
Paris
pag.
80.
.
And
the
forms
of
Excommunication
used
about
this
time
,
were
generally
prefaced
thus
;
We
in
the
Name
,
and
by
the
Authority
of
Almighty
God
,
the
Father
,
Son
and
Holy
Ghost
,
and
by
the
Authorty
of
St.
Peter
and
St.
Paul
,
&c.
—
do
Excommunicate
[
(s)
](B20551-e27310-b)
(s)
An.
1215.
Matth.
Paris
p.
270
An.
1217.
Constit
.
Ric.
Sarum
.
Spelm.
Tom.
II.
p.
158.
;
Of
which
there
are
very
many
Forms
,
[
(t)
](B20551-e27320-b)
(t)
An.
1222.
Concil.
Oxon.
Spelm.
Tom.
II.
p.
181.
Item
Anno
1276.
Constit
.
Dunelm
.
Spelm.
ib.
p.
319.
Et
An.
1308.
ibid.
p.
456.
which
do
manifestly
prove
that
the
Bishops
did
openly
claim
this
as
a
Divine
Right
;
which
appears
also
from
their
publick
Declaration
:
One
of
which
shall
suffice
here
;
The
Prelates
of
the
Church
,
who
carry
Saint
Peters
Keys
,
must
consider
how
great
the
power
of
Binding
and
Loosing
is
which
Christ
hath
committed
to
them
;
as
S.
Chrysostom
saith
,
Man
Binds
,
but
the
power
was
given
by
Christ
;
the
Lord
gave
Men
this
Honour
:
And
since
Excommunication
is
a
Condemning
to
eternal
Death
,
it
ought
not
to
be
inflicted
but
for
Mortal
Crimes
,
&c.
[
(u)
](B20551-e27370-b)
(u)
An.
1287.
Syn.
Exon.
cap.
43.
Spelm.
Tom.
II.
pag.
383.
.
Which
with
very
many
evidences
of
like
kind
,
doth
shew
.
That
whatever
consent
the
Clergy
gave
to
any
limitations
of
this
Power
,
it
could
only
be
meant
of
the
abuse
of
it
in
unjust
causes
or
manners
of
proceeding
;
but
cannot
be
expounded
of
their
intending
to
divest
themselves
of
this
Divine
Right
,
which
they
always
claimed
,
and
openly
declared
as
the
ground
of
their
Excommunications
.
And
that
our
Ancient
Kings
did
not
pretend
to
prohibit
the
Bishops
from
exercising
this
power
in
any
just
Causes
,
which
by
the
Law
of
Christ
or
the
practice
of
the
Primitive
Church
,
belonged
to
them
,
may
appear
from
King
Edward
the
Seconds
Charter
of
Prohibitions
;
which
were
Answers
,
to
certain
grievances
of
the
Clergy
Presented
to
that
King
and
his
Parliament
:
Wherein
it
is
declared
,
That
if
a
Prelate
impose
Corporal
Penances
only
for
Sin
committed
,
and
the
Offender
would
commute
it
,
the
Kings
Prohibition
in
that
Case
hath
no
place
:
And
whereas
some
had
gotten
the
Kings
Letters
to
require
the
Ordinary
to
absolve
such
as
he
had
Excommunicated
by
a
certain
day
,
or
else
to
appear
,
and
shew
cause
why
they
had
Excommunicated
such
a
Person
;
it
is
declared
,
Such
Letters
should
never
be
granted
hereafter
,
but
where
the
Excommunication
was
found
to
hurt
the
Kings
Prerogative
.
And
whereas
,
when
those
who
held
of
the
King
,
were
cited
before
the
Ordinary
out
of
their
Parish
,
and
Excommunicated
for
their
Contumacy
,
the
Kings
Writ
to
Arrest
them
after
40
days
,
was
sometimes
denied
:
The
King
declares
,
such
a
Writ
never
was
denied
;
nor
never
should
be
denied
hereafter
[
(w)
](B20551-e27420-b)
(w)
An.
1316.
ap.
Spelm.
Tom.
II.
pag.
484.
.
All
which
are
printed
in
our
Statute
Books
for
Law
[
(x)
](B20551-e27430-b)
(x)
An.
9.
Edvard
.
2.
An.
1315.
pag.
98.
.
And
before
that
time
it
was
enacted
in
Parliament
,
That
Excommunicate
persons
imprisoned
at
the
Bishops
request
,
should
not
be
repleviseable
by
the
Common
Writ
,
nor
without
Writ
[
(y)
](B20551-e27450-b)
(y)
An.
3
Edv.
primi
.
An.
1275.
cap.
15.
pag.
27.
.
Soon
after
was
the
Statute
of
Circumspectè
Agatis
made
,
which
charges
the
Temporal
Judges
,
not
to
punish
the
Clergy
for
holding
Plea
in
the
Court
Christian
of
such
things
as
be
meer
Spiritual
,
viz.
of
Penance
enjoyned
by
Prelates
for
deadly
Sin
,
as
Fornication
,
Adultery
,
and
such
like
.
And
in
divers
cases
there
related
,
the
King
declares
his
Prohibition
shall
not
lye
[
(z)
](B20551-e27490-b)
(z)
An.
13
Ed.
prim
.
An.
1285.
pag.
70.
.
These
I
think
are
manifest
proofs
of
the
Clergies
having
a
Divine
Right
to
Excommunicate
for
Impieties
and
Immoralities
;
and
all
that
Mr.
Selden
hath
heaped
up
to
intimate
the
contrary
for
these
times
,
is
sufficiently
answered
hereby
.
And
as
to
all
his
Objections
relating
to
the
times
since
our
Reformation
,
without
going
out
of
my
own
profession
,
or
medling
with
his
Law
Cases
,
I
can
prove
that
the
best
reformed
Churches
abroad
and
our
own
at
home
,
have
held
and
maintained
,
that
the
Clergy
have
power
by
the
Word
of
God
to
Excommunicate
scandalous
Offenders
.
The
Helvetian
Confession
cites
the
places
of
Matth.
xvi
.
about
the
Power
of
the
Keys
,
and
John
xx
.
of
the
remission
of
Sins
,
and
declares
the
Ministers
Authority
to
admit
or
to
exclude
out
of
the
Church
is
grounded
thereon
[
(a)
](B20551-e27540-b)
(a)
Confess
.
poster
.
Helv.
Art.
18.
.
The
Bohemian
Confession
is
very
large
in
professing
their
Belief
,
That
Christ
hath
given
his
Ministers
power
to
sever
Sinners
from
the
fellowship
of
Christ
,
and
from
the
participation
of
the
Sacraments
,
to
cast
them
out
of
the
Christian
Church
,
to
shut
the
Kingdom
of
Heaven
upon
them
,
and
finally
to
deliver
them
to
Sathan
[
(b)
](B20551-e27570-b)
(b)
Confess
.
Bohem
.
cap.
14.
.
The
Belgick
Confession
also
doth
affirm
,
that
they
retain
Excommunication
and
other
Appendixes
of
Ecclesiastical
Discipline
,
as
necessary
by
the
Precept
of
Gods
Word
[
(c)
](B20551-e27600-b)
(c)
Confess
.
Belg.
Art.
32.
;
and
when
they
Corrected
this
Article
,
as
Mr.
Selden
pretends
[
(d)
](B20551-e27620-b)
(d)
Seld.
de
Syned
.
lib.
1.
cap.
10.
pag.
233.
,
they
still
say
,
that
Excommunication
is
especially
requisite
to
be
retained
according
to
the
Word
of
God
.
He
grants
also
,
that
the
Gallican
Confession
declares
the
same
thing
,
and
that
Beza
and
Calvin
both
,
have
written
for
the
Divine
Right
of
Excommunication
[
(e)
](B20551-e27670-b)
(e)
Idem
ibid.
pag.
176.
.
And
for
the
Church
of
England
;
the
Form
of
Excommunicating
since
the
Reformation
,
agreed
upon
in
a
Synod
under
Queen
Elizabeth
,
An.
1571.
doth
fully
declare
the
same
Opinion
,
for
the
Bishop
is
appointed
in
the
Name
and
by
the
Authority
of
Almighty
God
to
Excommunicate
such
an
one
from
all
fellowship
with
Gods
Church
;
and
as
a
dead
limb
to
cut
him
off
from
the
Body
of
Christ
[
(f)
](B20551-e27710-b)
(f)
Canones
Anni
.
1571.
ap.
Spar.
Collec
.
p.
.
And
that
admirable
Apology
of
Bishop
Juel
(
which
is
owned
by
all
to
contain
the
pure
Doctrine
of
the
Church
of
England
)
saith
in
the
name
of
this
Church
,
We
say
that
Christ
hath
given
to
Ministers
the
power
of
Binding
and
loosing
,
shutting
and
opening
—
and
this
power
of
Binding
and
Shutting
we
say
they
exercise
,
when
they
shut
the
Kingdom
of
Heaven
against
the
unbelieving
and
contumacious
,
and
denounce
the
wrath
of
God
,
and
eternal
punishments
on
them
,
or
when
they
publickly
Excommunicate
them
out
of
the
Bosom
of
the
Church
:
and
the
Sentence
which
the
Ministers
of
God
thus
inflict
,
God
himself
doth
so
approve
,
that
whatsoever
by
their
means
is
Loosed
or
Bound
on
Earth
,
he
will
Bind
or
Loose
and
make
valid
in
Heaven
[
(g)
](B20551-e27750-b)
(g)
Juelli
Apol.
Eccles.
Angl.
§.
5.
p.
30
,
&c.
.
The
Canons
of
King
James
also
declare
,
That
such
as
offend
their
Brethren
by
Adultery
,
Whoredom
,
Incest
,
Drunkenness
,
Swearing
,
Ribaldry
,
Usury
,
or
by
any
other
Uncleanness
or
Wickedness
of
Life
,
shall
be
presented
to
the
Ordinaries
to
be
punished
,
—
and
that
they
shall
not
be
admitted
to
the
Communion
till
they
be
Reformed
[
(h)
](B20551-e27780-b)
(h)
Can.
An.
1603.
Can.
109.
.
I
could
give
many
other
clear
proofs
,
that
this
is
,
and
always
was
the
Doctrine
of
the
Reformed
Church
of
England
;
but
this
is
enough
to
satisfie
all
impartial
Persons
,
that
the
Opinion
we
maintain
,
hath
been
owned
for
truth
in
all
Ages
,
as
well
in
Ancient
as
later
times
;
And
we
may
now
conclude
,
That
the
Bishops
have
a
Right
to
Excommunicate
,
by
Arguments
drawn
from
the
Light
of
Nature
,
and
the
practice
of
the
Jews
,
by
the
Express
Institution
of
Christ
,
and
by
the
practice
of
the
Holy
Apostles
recorded
in
Scripture
:
Which
power
they
have
claimed
as
belonging
to
them
of
Divine
Right
in
all
Ages
,
and
upon
that
Principle
have
used
it
,
in
Censuring
notorious
Offenders
,
by
excluding
them
from
Civil
and
Sacred
Commerce
,
to
bring
them
to
shame
,
and
so
to
Repentance
and
Amendment
of
Life
:
And
their
Sentence
,
when
pronounced
according
to
the
Rules
of
the
Gospel
on
the
Sinful
and
Contumacious
,
hath
been
feared
by
all
orderly
Christians
as
a
Sentence
which
God
will
ratifie
,
and
which
without
Repentance
will
deliver
over
the
Criminal
to
his
Eternal
Vengeance
.
§
.
VI.
The
third
particular
proposed
concerning
the
ends
for
which
Excommunication
was
instituted
,
having
been
often
touched
at
already
,
may
now
serve
for
a
Conclusion
:
And
there
are
three
Principal
ends
of
this
holy
Rite
,
as
may
be
gathered
from
the
Scripture
.
First
,
it
was
instituted
for
the
honour
of
Christ
and
his
Church
,
and
the
Credit
of
Christian
Religion
:
Our
Lord
himself
was
pure
from
all
Sin
,
his
Religion
obligeth
all
that
profess
it
to
depart
from
all
Iniquity
[
(i)
](B20551-e27820-b)
(i)
2
Tim.
ii
.
19.
Professio
fidei
Christianae
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Zosim
.
hist.
l.
4.
p.
779.
,
and
he
designs
his
Church
shall
be
without
Spot
or
Wrinkle
,
Ephes.
v.
27.
a
holy
Nation
,
a
peculiar
People
,
1
Peter
ii
.
6.
free
from
the
leaven
of
Malice
and
Wickedness
,
1
Cor.
v.
7.
And
therefore
he
hath
left
power
with
his
Church
to
cast
out
all
Workers
of
Iniquity
,
Revel.
xxii
.
15.
There
will
be
offenders
and
offences
,
but
if
the
Church
do
admonish
the
Criminals
,
and
Censure
them
publickly
,
that
clears
her
from
all
suspicion
of
Guilt
,
and
from
all
just
ground
of
Calumny
,
and
preserves
not
only
her
purity
,
but
her
Reputation
.
It
was
the
great
Honour
of
Sparta
,
as
a
Senator
there
said
,
That
none
could
be
Wicked
in
that
City
and
be
unpunished
:
And
this
Discipline
kept
up
the
Credit
of
the
Ancient
Church
for
many
Ages
,
so
that
its
very
Enemies
did
admire
it
,
and
Millions
of
Proselytes
came
over
to
it
;
But
when
this
Primitive
Discipline
did
abate
,
the
Church
evidently
decayed
in
its
esteem
as
well
as
its
Manners
.
And
this
is
but
too
plainly
verified
in
our
days
,
for
since
these
Censures
have
been
brought
into
Contempt
,
we
are
almost
overwhelmed
with
a
Flood
of
those
Wickednesses
which
the
Secular
Laws
seldom
Punish
;
Adultery
,
Fornication
and
Incest
,
Drunkenness
,
Blasphemy
and
Swearing
,
Sacriledge
,
Faction
and
Malice
[
(k)
](B20551-e27910-b)
(k)
Canon
.
109.
Can.
4
,
6
,
7.
Rubric
.
before
the
Commun
.
,
which
are
properly
of
Ecclesiastical
Cognizance
,
are
grown
so
common
and
so
daring
,
that
they
have
brought
an
infinite
disgrace
and
a
deplorable
Scandal
on
our
most
holy
Religion
:
This
drives
some
from
the
Church
,
hardens
other
in
their
Sinful
Separation
,
and
opens
the
Mouths
of
all
our
Adversaries
,
as
if
they
justly
left
that
Church
where
such
Wickedness
goes
unpunished
.
'T
is
true
,
their
Argument
is
as
ill
grounded
as
their
Separation
:
For
they
may
be
as
virtuous
as
they
please
in
a
Church
wherein
many
are
vitious
,
and
while
wickedness
displeaseth
them
,
it
cannot
hurt
them
;
for
Lot
was
innocent
in
Sodom
so
long
as
he
was
vexed
at
the
Conversation
of
the
wicked
,
2
Pet.
ii
.
7
,
8.
And
besides
it
is
not
the
Churches
fault
that
these
Crimes
are
not
amended
,
and
therefore
it
ought
to
be
as
free
of
the
blame
as
it
is
of
the
Guilt
of
this
Impunity
:
The
Priests
lament
it
and
complain
of
it
,
The
Bishops
do
all
they
can
to
suppress
these
growing
Evils
,
but
being
Judges
they
must
not
be
Informers
;
And
one
Cause
of
this
mischief
,
is
the
neglect
of
presenting
such
Offenders
to
the
Ecclesiastical
Tribunals
.
Those
whose
Office
it
is
,
though
solemnly
sworn
to
do
it
,
yet
for
fear
of
the
Rich
and
in
favour
to
the
Poor
,
neglect
this
useful
duty
,
choosing
rather
to
offend
God
by
Perjury
,
and
to
offend
the
Church
by
being
the
cause
of
this
Scandal
,
than
to
disoblige
their
vicious
Neighbours
:
But
if
they
would
Present
them
,
then
if
they
be
not
either
amended
or
cast
out
of
the
Society
,
the
fault
would
lye
at
the
Churches
door
.
I
know
these
Officers
excuse
their
negligence
and
Perjury
by
pretending
,
that
sometimes
the
Criminals
get
off
by
Money
or
Friends
,
and
then
they
are
exposed
to
their
revenge
for
being
Instrumental
to
their
Conviction
.
But
our
Bishops
do
enquire
after
,
and
punish
this
Male-Administration
whensoever
they
discover
it
;
and
I
know
it
is
their
desire
and
endeavour
that
no
Scandalous
offender
shall
get
loose
from
this
salutary
Bond
,
till
they
have
given
good
evidence
of
their
sorrow
for
their
fault
,
their
purposes
of
amendment
,
and
their
Charity
to
such
as
were
instrumental
to
their
Reformation
.
Indeed
the
long
disuse
of
open
Penance
,
to
which
of
Old
the
greatest
Personages
were
forced
to
submit
[
(l)
](B20551-e27950-b)
(l)
Vid.
exempl
.
in
vitâ
Henric.
Chicheley
pag.
21.
,
hath
made
it
unhappily
necessary
to
accept
Commutations
in
many
Cases
,
and
the
charge
makes
many
forsake
the
Sin
:
But
I
dare
affirm
this
course
is
taken
,
not
because
of
the
easiness
of
the
Clergy
,
but
because
of
the
stubbornness
of
the
Laity
,
who
will
not
submit
to
a
Penance
,
which
only
declares
what
they
really
are
,
and
what
they
are
known
to
be
;
who
hate
not
to
be
Wicked
,
but
only
to
be
thought
so
;
and
who
refuse
to
take
a
little
Temporal
shame
,
though
it
would
rescue
them
from
Eternal
shame
:
And
I
fear
if
our
zealous
Bishops
should
attempt
a
vigorous
Reformation
,
there
would
be
some
employed
to
study
Evasions
,
and
to
encourage
the
Offenders
to
despise
the
Methods
of
their
cure
;
Others
who
reckon
it
their
highest
Priviledge
to
be
wicked
without
controul
,
would
exclaim
against
this
as
a
Violation
of
their
Liberties
:
As
the
Vicious
Monks
and
Lay-men
of
Old
,
when
that
Pious
and
Zealous
Bishop
of
Lincoln
Robert
Grosthead
conscientiously
set
upon
visiting
and
reforming
his
Diocess
,
Openly
reviled
him
for
making
so
strict
an
enquiry
by
his
Archdeacons
and
Rural
Deans
through
his
Bishoprick
,
into
the
Chastity
and
manners
of
both
Noble
and
Ignoble
;
they
called
it
Tyrannizing
over
his
People
,
and
bringing
a
grievous
Scandal
upon
many
,
to
the
Detriment
of
their
good
Name
,
which
ought
not
to
be
done
[
(m)
](B20551-e27980-b)
(m)
An.
1246.
Matth.
Paris
,
pag.
716.
.
And
at
last
they
procured
a
Prohibition
to
hinder
that
good
Bishop
in
his
proceedings
,
on
pretence
it
tended
to
the
disgrace
of
many
;
As
if
the
Plaister
,
and
not
the
Sword
which
made
the
wound
,
must
be
blamed
for
the
painfulness
of
the
Cure
;
and
as
if
it
were
not
more
disgrace
to
be
really
wicked
,
than
to
be
censured
for
it
in
order
to
our
amendment
.
To
conclude
,
the
Church
must
either
be
allowed
freely
to
use
her
Discipline
,
or
excused
from
the
Scandal
she
suffers
by
the
encrease
of
notorious
Sins
:
But
she
will
never
regain
her
Primitive
Honour
till
this
Divine
Rite
be
restored
to
its
ancient
vigour
,
for
our
Lord
did
institute
it
for
the
Credit
and
Reputation
of
his
pure
and
holy
Religion
,
and
if
it
were
duly
used
,
it
would
certainly
have
that
blessed
effect
.
The
second
end
of
Excommunication
is
the
Reformation
of
the
Offender
here
,
and
his
Eternal
Salvation
hereafter
,
as
S.
Paul
in
many
places
doth
declare
[
(n)
](B20551-e28010-b)
(n)
1
Tim.
i.
20.
2
Cor.
xiii
.
10.
1
Cor.
v.
5.
2.
Thessal
.
iii.
14.
;
if
the
event
be
the
Sinners
Eternal
Condemnation
,
that
is
not
from
the
intention
of
the
inflicter
,
nor
the
natural
effect
of
the
Medicine
,
but
from
obstinacy
of
the
Patient
:
For
this
Censure
works
properly
by
the
two
powerful
Motives
of
Shame
and
Fear
upon
the
Consciences
of
Evil
Men
,
and
by
one
or
both
of
these
means
would
always
bring
them
to
Repentance
,
if
they
did
not
wilfully
obstruct
it
.
For
first
,
Shame
is
not
only
the
desert
but
the
natural
Consequence
of
Sin
;
All
good
and
Wise
Men
,
who
are
the
best
Judges
,
count
the
vitious
,
vile
and
base
,
foolish
and
wretched
persons
,
and
so
long
as
Men
have
any
sense
of
Honour
loft
,
the
apprehension
of
this
disgrace
will
make
deep
impressions
on
them
[
(o)
](B20551-e28020-b)
(o)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Aul.
Gel.
lib.
19.
cap.
6.
,
and
make
them
careful
to
redeem
their
credit
by
acting
more
wisely
and
virtuously
for
the
future
.
Now
while
evil
Men
can
hope
they
are
concealed
,
they
are
apt
to
go
on
in
their
Wickedness
:
But
when
this
holy
Censure
pulls
by
the
Vail
,
and
publishes
their
Sin
and
Shame
to
all
the
Congregation
,
their
impudence
can
no
longer
protect
them
;
when
all
others
do
condemn
them
,
they
then
begin
to
condemn
themselves
:
For
none
but
those
of
desperate
obstinacy
,
and
hopeless
impenitence
[
(p)
](B20551-e28040-b)
(p)
Ego
quidem
illum
peri●sse
puto
,
cui
perijt
puder
.
Plautus
.
,
can
endure
to
think
of
being
generally
infamous
and
detested
,
He
that
can
thus
boldly
despise
Fame
,
will
soon
come
to
despise
all
Vertue
[
(q)
](B20551-e28070-b)
(q)
Tacit.
Annal.
lib.
4.
p.
478.
.
But
few
have
arrived
at
this
height
of
Impiety
,
wherefore
this
Method
will
work
upon
all
that
have
any
spark
of
goodness
left
.
For
doubtless
it
is
a
most
shameful
thing
for
a
Christian
so
to
behave
himself
,
as
by
Christs
Law
and
by
those
who
judge
in
his
stead
,
to
be
openly
Sentenced
as
unworthy
to
remain
in
the
Church
,
or
to
have
any
Conversation
with
the
Faithful
People
;
yet
this
shame
is
most
just
,
they
have
shamed
the
Church
by
their
Vices
,
and
ought
to
be
put
to
shame
before
the
whole
Congregation
,
2
Cor.
ii
.
6.
and
it
is
a
blessed
shame
if
it
bring
the
Offender
to
a
sorrow
for
his
Sin
,
and
to
amendment
of
Life
.
Secondly
,
if
the
Sinner
be
not
wrought
on
by
Shame
,
perhaps
Fear
may
bring
him
to
Repentance
,
and
this
Fear
is
apt
to
be
produced
by
this
Censure
rightly
understood
:
There
is
nothing
hardens
Evil
Men
more
than
the
forgetting
that
eternal
Vengeance
which
their
Sins
deserve
;
But
this
dreadful
Sentence
is
an
Emblem
and
a
forerunner
of
the
terrible
Judgment
at
the
last
day
:
It
sets
Hell
and
Damnation
naked
before
their
Eyes
;
This
casting
out
of
the
Church
clearly
represents
their
being
cast
out
of
Heaven
;
and
the
delivering
them
to
Sathan
,
foreshews
to
whose
power
they
are
like
to
be
doomed
by
God
and
his
Holy
Angels
.
It
may
be
they
have
supported
themselves
with
vain
hopes
hitherto
,
but
for
the
Physician
to
declare
us
mortally
sick
,
or
the
Lawyer
to
assure
us
our
cause
is
desperate
,
will
stagger
the
most
daring
confidence
;
Much
more
ought
it
to
make
us
tremble
,
when
he
that
judges
in
Christs
Name
and
by
his
Authority
,
he
whose
Sentence
on
Earth
is
confirmed
by
his
great
Master
in
Heaven
,
shall
pronounce
us
worthy
of
Everlasting
Burnings
,
and
deliver
us
over
to
them
,
unless
we
repent
immediately
.
This
prospect
doth
often
terrifie
the
most
obdurate
and
presumptuous
Sinners
;
and
it
would
more
constantly
have
this
Blessed
effect
,
if
the
Sentence
were
pronounced
with
the
same
gravity
as
it
was
wont
to
be
of
old
;
and
if
all
the
Congregation
out
of
a
deep
sense
of
the
woful
Estate
of
the
Excommunicate
Person
would
express
their
pity
for
him
by
tears
and
a
visible
Sorrow
.
And
since
this
Holy
Censure
is
so
sit
an
Instrument
to
convert
obstinate
Sinners
,
we
ought
highly
to
esteem
it
,
and
to
take
care
that
by
our
ill-management
of
it
it
do
not
lose
its
desired
effect
.
The
third
end
of
Excommunication
is
to
preserve
the
sound
from
being
corrupted
by
the
example
and
the
Conversation
of
Scandalous
Sinners
;
Which
we
learn
from
S.
Pauls
comparisons
of
the
leaven
to
be
purged
out
,
lest
it
spread
over
the
whole
mass
,
1
Cor.
v.
6
,
7.
and
the
gangrened
Limb
which
is
to
be
cut
off
lest
it
corrupt
the
sound
parts
,
1
Tim.
ii
.
7.
And
hence
by
express
command
of
holy
Scripture
,
1
Cor.
v.
II.
2
Thes.
iii.
6.
we
are
to
forbear
all
sorts
of
Conversation
with
the
Excommunicate
,
which
was
religiously
observed
in
former
Ages
,
and
is
strictly
required
not
only
by
the
Old
Canons
,
but
(
which
weighs
more
with
some
)
by
our
own
Ancient
Laws
;
for
Bracton
saith
,
None
may
pray
or
talk
with
the
Excommunicate
openly
or
privately
,
none
may
eat
with
them
except
some
persons
[
(r)
](B20551-e28170-b)
(r)
Bracton
lib.
5.
de
except
.
cap.
23.
§.
1.
;
that
is
,
those
of
their
own
Family
,
and
such
as
go
to
excite
them
to
repent
.
Now
it
is
very
strange
,
that
neither
the
Laws
of
God
,
the
Practice
nor
Canons
of
the
Primitive
Church
,
nor
the
Laws
of
our
own
Country
,
can
restrain
us
in
this
most
Licentious
Age
,
from
freely
conversing
with
such
Offenders
;
By
which
we
do
not
only
obstruct
one
of
those
ends
,
for
which
Christ
instituted
this
Holy
Rite
,
but
harden
the
Sinners
in
their
Impenitence
,
and
expose
our selves
to
the
danger
of
being
corrupted
by
the
Conversation
of
these
Impious
and
abandoned
Wretches
.
For
as
those
who
have
the
Plague
are
said
to
be
desirous
to
infect
others
,
so
Evil
Men
by
their
Discourse
and
Example
propagate
their
Errors
and
their
Vices
,
and
labour
to
make
others
as
wicked
as
themselves
[
(s)
](B20551-e28180-b)
(s)
Malus
bonum
vult
esse
malum
,
ut
sit
sui
similis
.
Plaut.
Trinum
.
II.
2.
.
But
our
Spiritual
Pastors
by
their
Censures
do
all
they
can
to
separate
the
infected
from
the
sound
,
and
by
observing
this
Order
and
flying
their
Company
we
shall
be
safe
.
If
they
should
suffer
notorious
Sinners
to
pass
without
a
Mark
set
on
them
,
we
might
have
some
excuse
;
but
when
they
are
condemned
,
our
ruine
is
wilful
if
we
associate
with
them
.
However
it
is
just
and
necessary
the
Church
should
sentence
open
and
Notorious
Sinners
,
lest
their
impunity
should
embolden
others
to
commit
the
like
Crimes
,
till
the
number
of
Offenders
made
them
insolent
and
incorrigible
;
He
that
punishes
one
(
saith
the
Italian
Proverb
)
threatens
an
hundred
:
And
some
examples
of
exemplary
justice
done
upon
some
of
the
most
noted
and
publick
Offenders
,
will
be
a
means
to
check
these
growing
Evils
,
and
be
a
warning
to
others
not
to
fall
into
those
Sins
,
for
which
Christ
and
his
Church
hath
appointed
so
severe
and
dreadful
a
penalty
.
Finally
,
since
Excommunication
was
so
certainly
instituted
by
Christ
for
these
excellent
ends
,
Let
all
Christians
in
their
places
labour
that
it
may
obtain
them
:
Let
the
Magistrates
(
according
as
the
Law
requires
)
compel
the
obstinate
to
submit
to
this
Medicine
for
their
Souls
.
Let
the
Bishops
,
to
whom
this
Discipline
is
committed
,
use
it
only
on
great
and
just
occasions
;
and
with
such
deliberation
and
solemnity
that
it
may
make
a
due
impression
upon
such
as
fall
under
it
.
Let
such
as
suffer
it
,
be
angry
at
nothing
but
the
Sin
which
brought
it
on
them
,
and
submit
to
a
little
shame
here
,
to
rescue
them
from
Eternal
shame
hereafter
;
let
them
with
Tears
,
Fasting
and
Prayers
,
seek
the
Peace
of
God
and
his
Church
,
looking
on
themselves
to
be
(
as
really
they
are
)
in
a
damnable
condition
till
they
be
absolved
.
And
let
all
others
fly
those
Sins
which
will
bring
this
Curse
on
them
;
and
while
they
avoid
the
company
of
the
Excommunicate
,
let
them
pity
and
pray
for
them
,
and
encourage
them
to
a
speedy
Repentance
:
And
let
none
dare
to
vilifie
or
despise
this
Divine
Institution
,
for
this
is
to
despise
Christ
himself
,
and
to
harden
Sinners
to
their
Eternal
Damnation
;
yea
,
it
is
to
hinder
the
effect
of
one
of
the
most
powerful
means
to
convert
Sinners
,
and
to
curb
those
Wickednesses
which
are
the
shame
of
our
Religion
,
and
the
ruin
of
many
Souls
.
The
poor
Greeks
believe
from
very
many
credible
Examples
,
that
such
as
dye
Excommunicate
are
accursed
by
God
;
and
that
their
Bodies
grow
black
in
the
Grave
,
and
swelled
like
a
Drum
,
so
that
they
cannot
rot
till
they
be
absolved
[
(t)
](B20551-e28240-b)
(t)
Leo
Allat
.
Epist.
de
quorund
.
Graec.
opin
.
§.
14.
Eucholog
.
Jac.
Goar
.
pag.
689.
;
And
it
is
not
improbable
,
God
may
by
Miracle
keep
up
the
reputation
of
that
poor
oppressed
Religion
;
but
whether
the
matter
of
Fact
be
true
or
no
,
the
Opinion
hath
an
excellent
effect
upon
those
Christians
,
making
them
Venerate
their
Clergy
,
and
fly
notorious
Sins
,
for
fear
of
Excommunication
and
this
Curse
which
follows
it
.
From
whence
we
may
learn
how
evil
Instruments
they
are
,
who
by
false
arguings
and
manifest
mistakes
do
go
about
to
teach
Men
to
despise
this
sacred
Discipline
;
And
since
the
restoring
it
to
its
Primitive
esteem
is
so
excellent
a
means
to
convert
Sinners
,
and
extirpate
all
notorious
Vices
,
to
repair
the
honour
of
God
and
Religion
,
and
to
wipe
off
the
Scandals
which
this
Church
hath
suffered
by
the
Wickedness
of
its
Members
,
and
the
Malice
of
its
Enemies
;
I
hope
this
will
be
thought
a
useful
and
seasonable
discourse
;
for
I
have
therein
proved
this
great
Truth
,
That
Excommunication
is
undoubtedly
grounded
upon
the
Institution
of
Christ
,
and
express
Precepts
of
Holy
Scripture
.