The
Source
,
Force
,
and
Course
of
Excommunications
.
THe
holy
Sabbath
was
instituted
for
the
Sanctifying
;
The
A
ke
was
prepared
for
the
preserving
;
The
Decalogue
promu●gated
for
the
Instructing
;
and
Excommunication
ordained
for
the
Purging
of
the
Church
:
All
which
(
amongst
other
things
)
shew
that
of
all
those
the
Church
hath
need
.
The
latter
of
these
hath
in
these
latter
times
fa●ne
into
the
managing
of
Masters
,
more
exorbitant
,
then
unskilfull
,
the
Ecclesiasticall
Lamechs
and
Nimrods
:
Which
I
know
not
to
whom
better
in
one
respect
to
compare
,
then
to
Bearewards
,
who
publikly
carry
about
with
them
things
of
danger
,
muzled
to
get
mony
with
;
wherby
as
those
,
so
this
hath
bin
more
slighted
and
sported
with
(
if
not
more
scorned
)
then
feared
the
use
and
result
whereof
,
I
know
not
well
how
to
distinguish
from
Symonie
when
a
man
for
every
triviall
occasion
shut
out
of
the
Church
,
may
buy
himselfe
in
againe
for
money
.
The
present
times
are
full
of
expectation
of
Reformation
,
principally
of
the
Church
,
both
for
Doctrine
,
and
Discipline
:
I
conceive
the
latter
in
its
degree
hath
as
much
need
as
the
former
;
towards
which
I
also
conceive
the
true
consideration
and
understanding
of
the
Originall
the
nature
,
the
power
,
the
extent
,
the
danger
and
true
,
and
due
administration
of
Excommunication
may
much
conduce
,
to
which
purpose
,
I
have
yet
timely
enough
(
I
hope
)
hewed
out
(
only
)
this
block
,
leaving
and
humbly
submitting
it
to
the
Masters
of
the
Assemblies
to
be
by
them
proportioned
,
clensed
,
and
polished
into
Goades
,
Eccl.
12.11
.
and
N●iles
,
and
then
fastned
:
The
method
I
shall
use
,
is
by
drawing
the
matter
into
three
general
Queres
;
with
their
divisions
,
distinctions
▪
and
in
some
part
resolutions
:
Thus
much
for
Jntroduction
.
-
1.
First
,
the
Originall
,
and
the
right
understanding
and
sence
of
the
word
Excommunicate
,
and
of
those
whence
it
is
derived
or
taken
.
-
2.
The
Nature
,
Power
,
Extent
,
Lymitation
,
and
severall
sorts
and
effects
of
it
:
And
under
that
head
also
of
appeales
from
the
sentence
of
Excommunication
.
-
3.
The
Power
of
Sentencing
in
whom
.
Concerning
all
which
,
to
be
rightly
informed
,
wee
must
have
recourse
.
1.
To
the
Law
of
God
in
the
Old
Testament
,
and
the
practise
of
his
people
therein
and
since
.
2.
The
Doctrine
of
Christ
and
his
Apostles
in
the
new
.
3.
The
Laws
of
Nations
commonly
called
the
Civill
and
Cannon
Law
,
and
how
in
many
cases
they
take
their
ground
from
Scripture
.
For
the
first
of
these
three
Questions
,
it
is
best
understood
,
by
taking
into
consideration
all
the
words
by
which
in
Scripture
it
is
termed
or
expressed
,
as
Anathemate
,
Execrable
,
Abominable
,
Cursed
,
Damned
,
Cast
out
,
Cut
off
,
Excommunicate
:
All
which
,
as
they
are
found
in
severall
places
may
sometimes
be
taken
to
signifie
one
and
the
same
thing
.
Yet
in
other
places
and
cases
there
is
found
plaine
and
perspicuous
differences
and
sences
,
some
as
much
different
as
good
from
bad
.
First
then
of
the
word
Anathema
,
which
hath
three
severall
extentes
.
1.
To
things
Inanimate
.
2.
To
Persons
.
3.
To
Places
.
1.
To
things
Inanimate
,
Deut
.
7.25
26.
Covet
not
the
silver
or
Gold
of
the
Idoll
,
nor
take
it
unto
thee
,
bring
not
the
abomination
into
thine
house
lest
thou
be
accursed
,
like
it
Saint
Jerom
neerest
the
Original
ne
fias
Anathema
,
and
Deut.
13.27
.
it
is
called
damned
,
Saint
Jerom
Anathema
.
2.
To
Persons
:
Jos
.
6.26
.
Cursed
be
the
man
that
riseth
up
and
buildeth
this
Citie
,
Saint
Ierom
.
Sit
ille
Anathema
.
3.
To
places
:
The
Citie
shall
be
an
execrable
thing
,
Jos
.
6.17
.
Saint
Ierom
:
Res
Anathemata
.
Therefore
of
this
one
word
which
comprehends
so
much
and
much
more
varietie
;
we
must
yet
search
out
the
Originall
,
composition
,
and
further
signification
.
For
that
,
we
must
resort
to
Ios
:
again
;
where
we
shall
find
one
and
the
same
word
,
used
to
one
and
the
same
thing
,
in
two
contrary
sences
;
in
one
place
for
Silver
and
Gold
consecrated
to
the
Lord
:
and
the
other
place
for
the
same
silver
and
gold
accursed
,
yet
both
very
well
reconciled
;
and
for
the
better
understanding
of
it
,
which
hath
two
severall
expositions
suitable
to
the
said
two
contrary
sences
,
wee
must
expound
this
compound
word
of
Ana
quod
est
sursum
,
and
Thesis
quod
est
positio
:
Then
in
the
first
sence
,
Res
Anathema
is
a
thing
put
or
lift
up
to
the
Lord
from
common
uses
,
in
one
word
Consecrate
:
So
in
the
first
of
those
places
:
The
Gold
and
Silver
of
Iericho
(
of
the
very
same
wherof
Achan
tooke
part
)
is
commanded
to
bee
consecrate
to
the
Lord
:
Jos
.
6.17
,
18
,
19.
what
the
Consecrating
,
is
in
the
same
place
marginally
expounded
(
and
warranted
by
other
places
of
Scripture
sheweth
)
moulten
in
the
fire
:
But
then
secondly
,
in
the
second
place
and
contrary
sence
:
Jos
.
7.2
.
Achan
taking
a
Wedge
of
the
same
Gold
,
is
said
to
take
the
accursed
or
excommunicate
thing
,
but
more
properly
as
Saint
Ierom
hath
it
:
Usurpavit
de
Anethemate
;
which
thing
being
by
him
as
it
were
taken
and
purloined
from
the
Lord
,
was
to
him
accursed
:
But
then
for
the
exposition
of
this
compound
word
to
this
sence
,
I
will
as
I
mentioned
before
take
some
Observations
out
of
the
Civill
or
Cannon
Laws
,
so
in
one
of
their
bookes
,
I
finde
it
thus
expounded
or
derived
:
ab
Ana
quod
est
sursum
,
and
Thema
quod
est
figura
r●tunda
,
Extravag
:
com
.
58.
c
,
3.
haben
te
telum
extransverso
que
consnevit
poni
in
frontibus
D●mnatorum
.
3.
And
if
we
would
have
it
yet
more
plain
,
observe
but
the
17th
verse
of
that
6th
Chapter
:
there
it
is
said
the
Citie
shall
be
Anathem●
,
or
an
Execrable
thing
(
wherein
was
the
Gold
the
Silver
and
the
Brasse
)
Those
which
tend●r
the
Hebrew
word
there
used
,
say
it
is
Herem
:
This
I
find
the
Expositors
call
an
equivocall
of
this
double
signification
,
Lyra
super
Ios
.
6.
Destructio
&
consecratio
:
So
thus
have
we
the
true
sence
of
that
first
word
taken
in
two
severall
contrary
sences
,
reconciled
:
And
thus
much
concerning
Anathema
as
we
finde
it
in
the
Old
Testament
;
wherein
following
our
vulgar
translations
wee
have
it
in
the
severall
termes
of
execrable
,
abominable
,
accursed
,
damned
:
yet
Saint
Ierom
as
neerest
to
the
Originall
doth
in
all
these
places
use
onely
the
same
word
Anathema
.
Thus
much
may
serve
observable
out
of
the
Old
Testament
.
2.
But
then
secondly
as
concerning
the
same
word
in
the
the
New
Testament
:
where
we
find
the
word
Excommunicate
as
a
generall
word
,
if
wee
consider
it
according
to
the
severall
places
,
matters
,
occasions
,
and
sences
where
or
wherin
it
is
used
;
we
shall
finde
as
three
severall
sorts
of
Excommunication
;
so
likewise
three
severall
termes
by
which
Excommunication
is
notified
,
and
amongst
them
the
termes
of
casting
out
,
and
cut
off
,
all
of
different
signification
extent
and
use
which
concludeth
the
first
,
and
will
also
explaine
in
part
the
second
generall
question
.
The
first
is
Casting
out
,
Iohn
9.22
.
and
24.
concerning
him
that
was
borne
blinde
,
and
his
Parents
,
in
which
place
,
those
which
render
the
Hebrew
word
,
for
it
Niddim
,
English
it
,
separation
or
putting
away
,
[
though
I
am
not
ignorant
that
his
Gospell
was
not
written
in
Hebrew
)
It
was
in
the
practice
and
use
of
it
against
such
,
as
were
of
a
contrary
faith
to
the
Synagogue
:
done
(
though
not
publikely
or
published
)
by
the
whole
Synagogue
,
Mos
de
ratibus
Indeorum
.
it
extended
to
both
Sexes
,
it
excludes
from
all
manner
of
company
society
,
eating
or
drinking
with
others
,
from
the
marriage
bed
:
only
it
had
with
it
a
supersedeas
of
30.
dayes
if
the
party
repented
:
and
in
the
meane
time
he
might
bee
present
at
divine
service
,
he
might
learne
,
teach
,
hire
or
be
hired
:
if
after
he
continued
unrepentant
,
his
Male
Children
were
not
cirumcised
:
if
hee
dyed
in
that
condition
,
hee
was
not
buried
in
usuall
buriall
:
A
stone
was
cast
upon
his
Coffin
,
to
signifie
he
was
worthy
to
be
stoned
to
death
.
The
second
was
giving
over
to
satan
,
or
Cut
off
:
this
we
have
1
Cor
.
5.5
.
and
1
Tim
.
1.20
.
in
which
case
those
which
render
the
Hebrew
Word
Cherem
,
doe
in
that
differ
,
as
in
the
cause
,
so
in
the
manner
circumstance
,
and
extent
:
The
manner
and
cirumstance
was
3.
fold
.
-
1.
It
was
published
in
the
audience
of
the
whole
Church
.
-
2.
Maledictions
and
curses
were
added
to
it
.
-
3.
At
the
publishing
Candles
were
lighted
,
and
at
the
end
of
the
Curses
they
were
all
put
out
,
which
signified
that
those
thus
Excommunicate
or
delivered
over
to
Sathan
were
deprived
of
the
light
of
Heaven
.
Thus
in
the
New
Testament
;
and
so
further
in
the
time
and
by
the
direction
and
sentence
of
the
Apostle
,
St
Paul
in
two
perticular
cases
;
the
one
of
the
Incestuous
person
;
the
other
of
Hymeneus
and
Alexander
who
had
made
ship●rack
of
their
Faith
.
The
third
sort
was
Excommunication
to
death
;
1
Cor
.
16.22
.
Those
which
render
the
word
in
that
case
have
Maranatha
a
Syriach
word
the
Iews
use
the
word
Schammatha
:
both
thus
in
the
Etymologue
Maran
or
Schem
,
the
Lord
Atha
,
Commoth
:
Others
thus
,
Schem
there
,
Mitha
death
:
so
an
Excommunication
to
death
,
and
this
was
termed
by
some
Excommunicatio
in
secreto
nomine
Tetragrammati
,
Those
that
were
thus
Excommunicate
,
were
by
some
thought
to
bee
such
as
hated
or
denyed
the
Lord-Iesus
.
By
others
such
as
had
committed
the
sinne
against
the
Holy
Ghost
;
thus
much
for
these
words
and
the
severall
acceptations
,
sences
,
and
extents
of
them
,
in
the
New
Testament
,
and
in
part
of
the
three
sorts
of
Excommunication
.
But
we
cannot
yet
leave
the
new
Testament
unles
we
shold
leave
out
the
Alpha
and
Omega
therof
:
who
beside
the
matter
now
handled
,
doth
also
for
the
manner
of
proceedings
(
which
will
fall
out
to
bee
of
extraordinary
consequence
in
this
case
)
give
such
a
standard
rule
as
that
for
motion
,
practise
and
conclusion
,
the
whole
matter
must
depend
on
,
and
is
in
the
doctrine
touching
the
offending
and
offended
brothers
:
for
the
clearer
understanding
and
evidence
wherein
,
we
will
take
in
the
very
text
;
Mat
.
18.15
16
,
17.
Moreover
if
thy
brother
trespasse
against
thee
;
goe
and
tell
him
his
fault
betweene
thee
and
him
alone
,
if
hee
heare
thee
,
then
hast
thou
woon
thy
brother
:
But
if
hee
heare
thee
not
,
take
yet
with
thee
one
or
two
,
that
by
the
mouth
of
two
or
three
witnesses
,
every
word
may
bee
confirmed
:
And
if
hee
will
not
vouchsafe
to
heare
them
,
tell
it
unto
the
Church
,
and
if
he
refuse
to
heare
the
Church
also
,
let
him
be
to
thee
as
an
heathen
man
and
Publican
.
From
which
there
are
two
things
principally
in
this
case
to
be
observed
.
One
thing
necessarily
implyed
in
these
words
;
If
he
refuse
to
heare
the
Church
,
which
is
[
if
it
come
so
farre
)
the
Church
is
also
bound
to
heare
the
offending
,
as
well
as
the
offended
brother
:
else
how
can
the
Church
know
whether
he
heare
it
or
not
,
for
the
offending
brother
may
heare
both
the
offended
and
the
Church
,
and
acknowledge
his
fault
,
and
give
satisfaction
,
and
yet
the
offended
brother
not
having
it
punctually
according
to
his
owne
mind
and
judgment
,
wil
not
acknowledge
that
the
offending
brother
hath
heard
him
or
the
Church
:
besides
which
also
there
may
bee
diverse
other
varieties
of
cases
,
and
as
it
is
the
rule
of
Gods
word
,
so
it
is
Jus
Commune
of
all
Nations
,
and
of
nature
it selfe
,
before
judgment
,
to
heare
both
parties
:
But
the
other
thing
to
be
observed
is
,
that
before
sentence
the
offender
must
be
summoned
,
and
here
in
this
case
there
are
of
it
three
degrees
.
First
,
By
the
Offended
brother
betweene
them
two
alone
.
Secondly
,
By
or
at
leastwise
before
two
or
three
witnesses
.
And
lastly
by
the
Church
it
se●fe
,
for
otherwise
how
can
hee
heare
the
Church
before
condemation
,
if
the
Church
doe
not
call
and
summon
him
to
heare
it
.
The
reason
why
I
urge
this
so
much
will
appeare
by
that
which
followes
.
First
,
because
a
man
so
contumax
as
not
to
heare
the
Church
,
is
upon
the
point
(
though
not
in
expresse
tearme
)
pronounced
by
Christ
himselfe
to
be
Excommunicate
:
to
make
that
plaine
,
the
words
are
,
Let
him
be
to
thee
as
an
heathen
man
,
and
a
Publican
:
an
heathen
is
one
so
farre
shut
out
of
the
Church
as
never
of
himselfe
in
,
and
that
by
the
strong
Covenant
of
Grace
too
:
but
hee
must
bee
also
as
a
Publican
too
;
A
Publican
was
one
that
when
the
state
of
the
Jewes
was
a
Tributary
to
the
Romans
,
gathered
up
all
the
Tribute
mony
:
which
was
an
imployment
so
odious
to
all
the
Iewish
Nation
in
respect
of
the
exactions
and
extortions
imputed
to
be
used
therein
that
some
hol●
[
as
Tertullian
,
that
no
Jew
would
take
it
upon
him
,
Tertul
.
Eopudu
.
c
.
9.
but
how
ever
true
or
not
,
this
is
certaine
the
Office
was
so
odious
and
abominate
amongst
them
,
that
they
had
and
held
this
generall
Rabinicall
Proverbe
and
Rule
:
Take
not
a
wife
out
of
that
Family
,
wherein
there
is
a
Publican
:
All
this
&
this
condition
amounted
to
an
Excommunication
in
a
high
(
though
not
in
the
highest
)
degree
,
and
so
proper
to
the
point
in
hand
.
But
then
secondly
,
for
and
as
a
generall
concluding
and
binding
Rule
,
no
Excommunication
without
graduall
Monition
.
So
taking
these
grounds
out
of
the
Scripture
,
to
fortifie
all
which
I
shall
collect
out
of
the
Civill
and
Cannon
Lawes
,
and
which
in
this
point
doe
all
generally
concurre
with
this
Rule
of
Scripture
,
I
shall
now
fall
upon
it
,
which
is
the
last
Rule
of
explanation
,
and
must
also
satisfie
,
resolve
and
cleere
the
points
of
the
two
last
generall
Queres
.
The
Civil
and
Cannon
Laws
resolving
the
second
generall
Quere
.
And
finding
the
Lawes
in
this
point
to
bee
almost
of
an
unlimitted
latitude
,
and
such
as
will
rather
cloye
then
content
,
the
investigation
;
that
I
might
therein
neither
impertinently
wander
,
nor
slight
things
pertinent
,
I
put
on
this
double
resolution
.
First
to
take
my
observations
out
of
those
authors
or
authorities
,
whether
Cannons
or
Decretalls
as
were
in
this
case
most
contracted
.
Secondly
to
take
out
,
and
bound
my
way
,
by
or
within
certaine
lynes
or
points
,
Classes
or
rankes
,
some
generall
,
some
perticular
,
all
or
most
of
them
taking
their
grounds
from
the
former
,
which
shall
be
principally
these
five
.
First
,
The
severall
natures
,
kindes
,
or
degrees
,
and
extents
of
Excommunication
.
Secondly
,
What
persons
exempt
or
not
exempt
if
any
.
Thirdly
,
Excommunications
appealeable
;
which
and
in
what
Cases
they
are
and
are
not
,
and
what
persons
capable
or
uncapable
of
appeales
.
The
fourth
,
the
manner
and
degrees
of
legall
proceedings
in
them
all
.
Fifthly
,
[
so
far
forth
as
these
authorities
will
give
leave
]
who
are
or
ought
to
bee
the
competent
Judge
or
Judges
in
Appeales
:
None
of
which
I
intend
to
prosecute
as
a
common
place
,
but
onely
as
a
Land-mark
directing
to
the
right
and
Sea-marks
for
declining
the
wrong
still
under
the
submission
aforesaid
for
the
regulating
of
the
use
and
Reformation
of
the
abuse
of
this
legall
,
Clavis
&
Virga
Ecclaesiae
Excommunicatio
.
To
these
five
I
could
have
added
a
sixth
[
though
not
worthy
to
be
any
,
which
is
that
of
Ipso
facto
,
or
Ipso
jure
;
concerning
which
I
will
briefly
give
a
touch
,
as
a
man
would
do
to
an
impertinency
as
this
is
,
remove
it
out
of
his
way
that
it
may
bee
no
Remora
in
a
full
and
cleere
course
to
matters
of
consequence
,
briefly
thus
.
This
kinde
is
by
the
Civilians
or
Canonists
to
be
predominant
in
52.
severall
cases
:
whereof
say
they
,
16.
are
reserved
to
the
Pope
;
that
is
as
I
conceive
in
point
of
absolution
:
But
having
nothing
to
doe
with
that
Chaos
of
confusion
and
damnable
doctrine
,
but
Christianlike
,
and
charitably
to
pray
for
the
conversion
of
him
and
his
followers
;
or
if
that
may
not
be
,
then
in
Gods
good
time
for
their
utter
subversion
:
I
will
have
as
little
to
doe
with
his
reservations
,
and
no
more
to
doe
with
this
kinde
of
Ipso
facto
,
which
indeed
by
some
of
the
Rules
of
their
owne
law
cannot
bee
lawfull
:
But
if
in
any
case
then
against
Apostatats
:
and
in
that
case
I
thinke
it
may
be
well
warranted
if
by
no
other
,
yet
by
the
true
Law
of
Reason
;
in
that
they
exclude
themselves
out
of
the
Church
,
and
so
to
the
five
points
last
mentioned
.
First
the
severall
natures
degrees
and
extents
of
Excommunications
:
they
are
in
number
especially
two
;
And
herein
also
observe
how
the
Civill
and
Canon
Laws
concurre
with
the
practice
of
Gods
people
in
the
old
Law
,
aad
how
farre
,
and
how
it
hath
its
ground
from
or
agreement
with
holy
Scripture
.
1.
Excommunicatione
major
,
which
carries
with
it
the
title
of
Anathema
,
this
excludeth
A
Sacramentorum
participatione
,
a
Communicatione
fidelium
,
ab
ingressu
Ecclesiae
,
Sixt
.
232.
a
Sepultura
in
eo
statu
in
Cemiteriis
:
in
a
word
it
is
stiled
,
Mortis
eterne
damnatio
.
2.
The
second
Excommunicatio
minus
,
solum
separat
a
Sacramentorum
participatione
:
Clem
.
42.
c
.
4.
Sixt
:
225.
c
.
2.
So
the
Canons
and
Constitutions
of
Sixtus
Clement
and
the
rest
agree
.
This
of
a
narrow
scantling
,
That
a
person
so
excommunicate
may
for
a
time
officiate
,
and
celebrate
without
any
appeale
or
absolution
:
but
for
the
former
an
appeale
must
be
had
before
the
partie
so
Excommunicate
can
celebrate
.
And
as
in
both
these
there
must
be
in
all
points
due
course
of
proceedings
held
,
so
in
some
cases
also
that
being
observed
,
they
may
be
voyd
in
themselves
after
denunciation
:
which
point
will
fall
out
to
be
further
explained
in
the
Section
of
Appeales
,
or
more
properly
in
the
handing
the
fourth
point
.
2.
The
second
concerning
persons
exempt
or
not
exempt
from
both
,
or
either
sorts
of
Excommunication
.
First
it
being
granted
by
the
Civilians
and
Cannonists
,
that
the
King
of
France
and
some
Temporall
Lords
also
have
Immunity
from
Excommunication
:
I
shal
make
bold
to
extend
that
line
to
all
Christian
Kings
whosoever
for
severall
reasons
.
First
for
that
no
perticular
cause
is
by
them
shewed
(
nor
doth
appeare
in
the
grounds
of
their
Rules
)
wherein
or
for
which
the
Kings
of
France
have
such
perticular
exemption
.
Secondly
for
that
all
power
in
all
the
Protestant
Monarchies
,
and
in
France
,
also
the
donative
power
of
the
Judge
which
must
grant
it
is
subordinate
and
holdeth
of
the
King
,
who
neither
giveth
nor
can
give
power
to
Exommunicate
himselfe
,
besides
the
act
and
jurisdiction
of
Excommunication
is
an
appendant
to
the
place
and
Office
,
not
to
the
person
,
and
thereupon
vacancy
remaines
till
a
person
capable
be
admitted
,
which
the
King
may
doe
to
the
place
in
generall
not
perticularly
,
and
alone
to
the
power
of
Excommunication
,
which
in
the
vacancy
lyeth
lapped
up
in
the
vest
,
as
Goliahs
sword
in
the
Ephod
,
more
may
be
rendred
;
But
these
only
may
suffice
.
True
it
is
that
the
Bishops
Electors
of
the
Empire
doe
not
subordinarily
hold
off
the
Emperour
,
but
their
power
in
this
case
to
him
is
as
limited
as
to
the
rest
.
The
next
then
that
may
pretend
in
some
cases
to
challenge
exemption
are
Arch-Bishops
(
for
temporall
Lords
in
the
generall
may
be
excommunicate
)
who
though
I
find
invested
with
many
priviledges
,
As
not
to
be
tyed
to
lay
his
hand
on
the
Evangelist
,
Sixt
.
28.
c
.
1.
when
he
taketh
an
Oath
:
That
he
may
upon
just
cause
take
some
rights
from
one
Church
,
and
give
it
to
an
other
:
That
hee
may
without
consent
of
the
Chapter
grant
a
faculty
or
Warrant
to
alyenate
Church
goods
:
That
he
may
leavie
and
exact
reliefe
for
the
poore
upon
spirituall
livings
:
That
if
by
Letters
of
Marque
,
a
ship
be
taken
at
Sea
where
in
an
Arch-bishop
is
,
he
cannot
be
holden
,
and
diverse
others
,
yet
it
is
resolved
that
he
hath
no
exemption
from
a
due
and
legall
Excommunication
,
issuing
upon
just
cause
,
duely
prosecuted
,
and
withall
,
Acudice
competente
:
But
who
that
is
,
is
so
great
a
question
as
I
will
not
take
upon
positively
to
decide
,
yet
must
bee
argued
so
farre
as
it
may
for
the
resolving
of
the
last
generall
Quere
.
The
third
as
touching
Appeales
and
under
his
head
also
of
Eccommunications
voyd
of
themselves
,
in
before
,
or
after
the
sentence
given
,
touching
which
last
it
may
be
in
severall
particulars
,
As
when
the
due
order
of
monition
is
not
observed
.
Also
when
there
is
an
appeale
before
sentence
given
,
likewise
when
the
sentence
or
Proces
containe
manifest
error
.
Againe
if
any
Iudge
whether
delegate
or
other
be
excommunicate
himselfe
,
and
in
this
last
case
I
will
not
looke
after
any
further
authority
of
approbation
then
from
our
owne
Records
and
Chronicles
in
the
most
pregnant
case
,
(
and
it
is
a
fortiori
too
)
of
the
first
sentence
against
that
most
worthy
Martyr
Mr.
John
Bradford
.
He
in
the
yeare
,
1554.
was
by
Doctor
Weston
and
others
condemned
of
Herisie
,
and
had
sentence
pronounced
against
him
,
but
not
then
executed
,
after
in
Anno
1556.
the
matter
being
againe
revived
to
have
the
former
sentence
put
in
execution
,
Fox
in
Hist
.
Io
.
Bradford
.
it
was
determined
by
the
Judges
themselves
that
the
first
sentence
was
void
of
it selfe
,
because
some
of
those
Judges
at
the
time
of
the
sentence
given
were
excommunicate
themselves
and
were
not
then
absolved
,
therefore
new
Commissions
were
granted
to
them
for
the
Convention
and
sentencing
of
him
,
and
Latimer
and
Ridley
upon
which
they
were
all
three
sentenced
and
delivered
to
the
secular
power
.
Sixt
.
20
c
.
1.
But
howsoever
(
to
go
on
)
from
Excommunications
lawfully
prosecuted
and
denounced
,
the
party
so
Excommunicate
may
lawfully
appeale
:
If
the
question
be
demanded
to
whom
hee
may
appeale
,
the
definition
in
those
Lawes
what
an
appeale
is
resolves
it
Appelatio
est
de
inferiori
ad
superiorem
provocatio
,
and
in
some
cases
particularly
to
a
Synod
which
we
shall
further
explaine
a
non
.
Sixt
.
131.
Idem
132.
And
here
as
in
a
convenient
place
we
shall
draw
in
the
true
cause
and
end
of
appeales
which
is
,
that
they
were
devised
and
ordained
for
a
remedy
of
the
Innocent
,
but
not
to
protect
the
nocent
person
,
and
doubtlesse
hath
(
as
in
case
of
so
great
consequence
as
fit
they
should
have
)
their
ground
and
warrant
from
holy
Scripture
.
Lastly
,
If
it
should
be
demanded
(
to
end
this
point
)
whether
all
persons
excommunicate
be
capable
of
appeales
it
is
Answered
,
divers
are
not
as
Fellons
,
Murtherers
,
Jewes
,
persons
convict
of
any
notorious
crime
,
as
Vsurie
,
Symony
and
divers
others
:
Clem
.
51.
c
.
3.
Persons
arrested
upon
the
Writ
de
Excommunicatio
capiendo
;
And
of
some
it
is
questioned
whether
Common
Stage-Players
may
appeale
or
not
?
Neither
can
any
appealant
appeale
the
third
time
?
Niether
shall
any
appeale
hold
,
but
is
void
in
Law
when
the
appealant
will
sue
in
other
Causes
under
the
same
Judge
from
whom
he
hath
formerly
appealed
,
Because
if
he
bring
a
second
appeale
,
and
do
neither
prosecute
nor
prevaile
,
it
brings
a
third
sentence
against
the
appealant
by
and
before
the
same
Iudge
,
Thus
much
in
briefe
for
appeales
.
The
4th
.
concerning
the
due
and
legall
course
of
proceedings
in
them
all
.
In
which
though
there
be
many
rules
and
points
to
proceed
by
;
I
will
touch
only
one
,
which
must
be
generally
held
in
all
,
not
omitting
those
ipso
Facto
,
if
any
such
may
legally
be
,
of
which
I
make
so
great
a
quere
as
to
leave
it
to
abler
judgements
to
resolve
.
But
the
generall
rule
of
the
Law
is
that
of
Christs
;
the
persons
to
be
excommunicate
must
all
be
proceeded
against
by
way
of
monition
,
which
in
the
legall
practise
of
it
,
ought
to
be
thrice
,
though
but
two
days
between
each
:
But
if
but
one
monition
,
then
six
dayes
must
be
elapsed
before
sentence
of
Excoication
;
In
which
Case
the
Law
is
so
punctuall
,
that
if
the
Pope
whom
they
would
make
both
Fulminator
and
Comptroller
generall
of
all
Excommunications
,
or
A
Bishop
should
know
of
his
owne
knowledge
,
a
man
to
keepe
a
Concubine
,
he
cannot
excommunicate
him
without
a
monition
Sub
pena
Excommunicationis
Concubinam
dimittere
.
This
point
that
I
so
much
insist
upon
,
I
know
may
bee
thought
by
some
uselesse
,
because
in
most
places
and
cases
used
,
but
the
reasons
of
my
insisting
upon
it
are
two
.
First
because
I
find
that
of
late
time
in
some
very
weighty
cause
it
hath
beene
omitted
,
which
how
great
the
prejudice
(
nay
I
will
say
the
sinne
)
may
be
I
leave
to
others
to
judge
.
Secondly
for
Caution
in
new
discipline
;
a
thing
so
requisit
so
warrantable
nay
so
commended
by
the
word
of
God
as
may
no
wise
be
omitted
.
I
will
not
take
upon
mee
to
tutor
away
,
but
as
it
is
most
true
that
all
humane
actions
even
the
most
quintessenced
are
mixed
with
imperfections
,
so
whether
by
any
slight
esteeme
,
want
of
scrutinie
,
Iudgement
,
memorie
,
or
the
like
;
abundans
cautela
non
nocet
.
This
only
for
the
4th
.
legall
course
of
proceedings
.
To
which
only
I
shall
in
this
place
,
as
most
proper
,
desire
to
be
observed
,
and
so
conclude
this
point
,
that
in
some
point
an
excommunication
obtained
by
a
person
uncapable
to
sue
,
shall
neverthelesse
stand
good
,
Sixt
96.
c
.
3
which
is
if
in
a
cause
sentence
shall
be
given
for
an
excommunicate
person
as
plaintiff
,
and
the
Defendant
never
alledge
the
excommunication
of
the
Plaintiff
till
after
sentence
pronounced
against
the
defendant
,
it
shall
not
bee
voyd
for
that
point
of
excommunication
in
the
Plaintiff
,
which
in
point
of
Cautions
wherein
I
now
am
,
I
thought
not
amisse
to
be
observed
,
thus
much
for
the
4th
.
point
;
Next
to
the
5th
.
Competent
Iudges
.
In
this
point
having
viewed
divers
Cases
I
shall
insist
only
upon
two
.
The
first
is
that
wherein
a
sentence
of
Excommunication
is
given
by
an
Officiall
or
suffragan
,
the
partie
grieved
cannot
appeale
to
the
Bishop
,
he
is
in
this
cause
no
competent
Iudge
for
they
having
both
one
&
the
same
consistory
,
such
an
appeale
is
but
from
one
Iudge
to
the
same
,
then
by
th●
former
generall
Rule
all
appeales
must
be
ab
inferiori
ad
superiorem
,
it
fo
lowes
therefore
the
Archbishop
or
his
delegate
in
this
case
is
the
only
competent
Iudge
in
cases
of
appeale
,
but
now
heere
the
question
which
the
times
in
this
Kingdome
hath
produced
is
to
be
answered
,
what
is
to
be
done
where
there
is
neither
Archbishop
nor
Bishop
;
This
is
most
properly
to
be
answered
in
the
resolution
of
the
their
generall
Quere
.
The
second
is
only
concerning
the
times
limited
for
begining
and
ending
of
appeales
(
which
commonly
are
accompted
delatorie
)
the
general●
Rule
is
the
appeale
must
be
brought
within
ten
dayes
and
ended
in
a
yeare
,
unlesse
some
speciall
cause
bee
or
intervene
to
the
contrary
,
thus
much
briefly
for
satisfying
of
the
5th
.
point
and
so
am
now
come
to
the
proceedings
of
the
third
and
last
generall
Quere
.
The
power
of
sentenceing
in
whom
.
HAving
made
a
very
short
Cut
over
the
Oceans
of
appeals
and
course
of
proceedings
,
I
am
now
to
shoot
the
Gulfe
of
this
power
,
or
the
seat
of
this
power
of
sentencing
in
whom
?
wherein
I
see
in
respect
of
the
alterations
which
the
times
are
like
to
produce
in
point
of
Ecclesiasticall
Discipline
,
I
cannot
be
so
briefe
nor
come
off
with
so
little
labour
as
I
would
for
that
divers
points
,
and
some
of
great
moment
and
consequence
are
to
be
handled
yet
because
in
this
point
as
in
the
rest
I
will
pursue
all
brevitie
,
and
cleerenesse
too
,
to
this
purpose
as
more
satisfactory
to
the
maine
point
in
question
if
any
be
,
to
draw
both
the
questions
into
one
;
That
of
the
Assembly
,
where
the
seat
of
the
power
of
Excommunication
is
;
and
mine
owne
The
power
of
sentenceing
in
whom
;
between
which
I
can
perceive
no
essentiall
difference
:
But
then
first
concerning
theirs
,
I
may
rather
admit
of
the
resolving
of
a
question
out
of
or
upon
it
,
then
the
raysing
of
it
,
in
which
question
certainly
by
those
words
where
the
seat
?
they
intend
according
to
the
laws
:
if
any
question
in
that
be
,
it
is
which
lawes
they
meane
,
whether
the
Lawes
of
God
▪
or
the
other
now
in
force
if
by
the
Lawes
of
God
,
it
being
a
question
in
Divinity
,
who
can
better
resolve
it
then
Divines
;
I
am
not
ignorant
that
this
question
may
be
put
only
as
leve●led
to
one
only
point
or
pin
that
is
to
the
Independants
to
wch
if
they
give
a
direct
answer
punctuall
and
not
dilatory
or
with
subter
fuges
it
is
to
see
whither
and
how
,
and
wherein
and
how
faire
their
opinion
in
that
Case
will
agree
or
disagree
with
,
or
from
theirs
that
put
the
question
,
but
for
the
Independants
,
I
think
they
are
more
froward
then
forward
herein
;
for
such
as
their
Religion
,
such
will
be
their
resolution
,
and
certainly
their
Religion
if
it
bee
any
,
is
but
a
whispering
Religion
concerning
which
,
though
I
forbeare
to
enlarge
my selfe
,
others
may
know
what
I
meane
but
to
goe
on
:
if
the
propounders
of
the
question
meane
or
intend
the
other
Lawes
;
then
certainly
we
are
in
so
right
a
way
hitherto
,
as
will
either
fully
resolve
,
or
draw
it
to
so
neare
a
scanling
as
will
require
no
more
in
a
manner
then
the
word
to
bee
given
fully
to
assoile
it
:
And
here
for
further
question
upon
upon
that
point
,
I
conceive
there
is
Nullum
tercium
;
for
they
cannot
intend
by
it
any
Lawes
in
that
case
to
bee
made
;
for
then
the
question
would
have
beene
where
it
is
or
ought
to
be
the
seat
,
not
barely
,
where
is
it
so
,
then
to
conclude
that
point
in
their
own
question
,
it
must
bee
confined
,
unto
,
or
within
the
Lawes
of
God
,
or
those
now
in
force
:
and
then
it
may
the
easilier
be
discovered
,
whether
it
doth
tend
,
and
where
it
will
end
which
is
in
all
questions
one
principall
furtherance
of
resolution
,
and
so
now
to
goe
on
to
the
place
and
course
from
which
by
this
last
question
I
may
seeme
to
have
deviated
.
First
,
then
admit
as
undenyable
the
power
of
Excommunication
is
vested
and
lodged
wholly
in
Ecclesiasticall
persons
:
Of
these
Bishops
being
now
pared
of
,
and
excluded
,
the
seate
and
power
,
must
either
remaine
in
the
rest
,
or
else
it
is
quite
and
in
seperably
gone
with
those
Cashiered
:
and
under
favour
and
submission
to
better
judgments
,
I
cannot
see
how
for
or
by
any
thing
that
is
yet
done
,
that
Bishops
are
or
can
be
so
totally
cashiered
or
irradiated
,
but
in
the
construction
of
the
Civill
and
Cannon
[
if
not
in
and
by
our
Common
Lawes
too
,
he
is
still
a
Bishop
,
especially
if
we
consider
him
in
these
three
perticulars
,
and
so
hath
in
all
or
most
of
them
a
peculiar
legall
power
.
1.
His
Consecration
.
2.
His
legall
power
of
Ordinations
and
institutions
.
3.
His
Office
and
power
in
spiritualibus
as
administrator
or
dispencer
of
the
personall
estates
of
deceased
persons
,
his
jurisdiction
and
sentence
touching
divorces
,
Marrying
,
Contracts
,
legittimation
or
illegi●imation
of
issues
,
his
power
concerning
Dowers
of
Women
joynturelesse
,
the
severall
affaires
and
interests
,
the
severall
statutes
of
this
Kingdom
in
trust
him
with
;
and
to
omit
the
rest
,
this
very
case
of
no
small
importance
,
Excommunications
,
in
which
he
hath
an
intermixt
and
refortified
interest
and
power
by
the
stratutes
[
with
that
of
the
Civill
and
Cannon
Laws
of
this
Kingdome
,
and
without
which
till
legally
derived
unto
continued
&
confirmed
in
some
other
person
Excommunication
against
refractory
and
exorbitant
persons
will
do
●ittle
good
without
the
Writ
,
De
Excommunicato
Capiendo
,
which
delivering
the
offender
to
the
pow●r
of
the
seculer
Majestrate
must
first
take
its
rise
from
the
Bishop
or
such
as
shall
have
the
same
legall
power
:
but
being
now
within
the
Line
of
Excommunication
,
I
must
onely
keep
mee
to
that
glancing
by
the
way
,
to
take
off
or
rather
satisfie
others
,
exceptions
concerning
degradation
,
which
as
it
is
only
to
be
don
by
Ecclesiastiques
,
and
those
too
such
as
have
power
and
capacity
to
do
it
,
yet
(
when
used
)
is
only
a
formall
favour
in
respect
of
the
function
and
dignity
,
otherwise
needlesse
;
when
a
Bishop
for
some
capitall
offence
may
be
and
is
justly
lyable
to
punishments
in
such
cases
due
.
And
I
heartily
wish
some
of
them
had
not
deserved
too
much
in
that
kind
already
;
But
to
goe
on
with
Excommunication
,
and
for
clearing
the
way
and
explaining
the
matter
to
that
which
followes
,
I
will
put
a
short
case
or
question
,
suppose
one
of
our
now
cashiered
Bishops
should
commit
some
fact
,
or
may
teach
or
hold
some
error
or
the
like
,
justly
and
meerly
punishabl
by
excommunication
:
I
would
know
who
shall
do
it
or
how
it
may
legally
be
don
?
and
if
it
could
be
done
,
how
it
may
hold
?
Certainly
as
from
degradation
,
there
is
no
appeale
,
so
it
is
as
certaine
from
Excommunication
an
appeale
is
as
lawfull
and
cannot
be
denyed
.
To
shorten
the
businesse
▪
no
inferior
Minister
as
the
lawes
now
stands
can
doe
it
,
for
if
it
could
be
devised
,
the
Bishop
may
restraine
the
power
and
processe
of
the
Minister
,
in
rebus
quo
ad
lites
:
if
a
whole
Congregation
nay
,
all
the
Divines
in
the
Kingdome
should
Excommunicate
him
,
there
must
be
forme
as
well
as
matter
;
if
both
could
be
had
yet
by
all
the
Lawes
in
Christendome
nay
and
Heathen
too
nay
I
may
say
further
,
if
not
jure
Divino
,
yet
jure
Apostolico
he
may
appeal
&
it
ought
not
cannot
be
denyed
him
carying
this
alwayes
along
with
us
that
all
excommunications
(
except
in
the
Cases
excepted
,
have
and
must
inseparably
have
and
be
accompanied
with
these
two
adjuncts
and
appendants
monition
&
appeale
;
so
then
no
power
of
excommunication
in
any
but
such
as
may
be
appealled
from
.
It
is
true
in
a
Case
of
so
high
consequence
it
is
fit
for
me
for
the
surer
warrant
of
this
assertion
to
fetch
my
ground
from
holy
Scripture
:
wherein
though
we
find
but
one
case
that
of
Saint
Paul
,
yet
in
that
are
two
things
Remarkable
1.
That
he
that
will
do
it
,
Acts
25
may
so
do
whether
the
Judge
will
or
no
under
whose
sentence
he
standeth
.
This
is
plaine
by
Festus
his
offer
to
Paule
and
his
answer
to
it
yet
Festus
willing
to
get
favour
of
the
Jewes
answered
Paul
and
said
,
Vers
.
9
wilt
thou
go
up
to
Jerusalem
and
there
be
judged
of
these
things
before
me
.
Here
the
corrupt
Iudge
would
have
betrayed
him
into
the
same
snare
out
of
which
by
Gods
wonderfull
providence
he
had
newly
escaped
,
But
when
Paule
answere
resolutly
;
no
man
can
deliver
mee
to
them
,
Vers
11
I
appeale
to
Casar
,
he
had
as
resolute
an
answer
of
the
Iudge
,
because
it
could
not
be
denyed
him
;
to
Caesar
shalt
thou
go
,
And
heere
by
the
way
is
an
appeal
before
sentence
which
maketh
good
a
former
assertion
and
point
also
of
Law
.
The
second
the
Person
to
whom
Hee
did
appeale
making
good
and
and
●egall
also
another
former
assertion
and
point
of
Law
,
it
was
ab
inferiori
ad
summum
which
rule
I
conceive
in
these
cases
must
be
held
where
there
is
no
intermediat
subordinate
power
as
to
a
lawfull
Synod
of
Divines
to
which
a
party
grieved
may
doubtles
complain
if
there
be
any
,
yet
I
conce●ve
under
favour
he
cannot
appea●e
to
a
Nationall
Synod
for
●his
reason
;
because
of
such
a
Synod
there
may
be
some
Divines
who
have
given
the
first
sentence
of
Excommunication
,
Vers
12
and
then
he
doth
appeale
from
one
to
the
same
Iudge
unlesse
in
such
a
Nationall
Synod
that
may
be
avoyded
and
provided
for
,
and
this
with
this
exception
or
Caution
.
I
conceive
is
the
best
rule
to
be
held
and
guided
by
,
thus
far
to
resolve
the
question
namely
that
the
power
if
in
our
divines
and
Church
is
such
,
as
may
be
legally
appealed
from
.
But
this
argument
may
beget
two
other
questions
1.
I●
an
appeale
should
be
made
by
a
Bishop
to
the
King
,
what
can
the
King
doe
in
this
case
?
2.
What
need
all
this
stirre
in
a
Kingdome
or
state
where
no
Bishops
are
?
The
first
of
these
questions
is
not
so
difficult
to
resolve
,
but
that
both
by
our
owne
Lawes
as
they
now
stand
,
and
by
Presidents
both
of
the
Primitive
and
Moderne
times
it
may
be
cleared
.
But
since
it
seemes
we
shall
have
no
need
of
it
,
I
shall
for
shortning
of
the
businesse
,
thus
farre
admit
of
the
positive
part
of
the
latter
;
That
in
this
Kingdome
no
Bishop
hath
(
or
at
leastwise
is
like
to
have
any
power
at
all
,
and
these
dead
either
by
naturall
or
Civill
death
there
are
not
likely
to
be
any
more
:
I
speak
now
,
and
all
this
while
that
I
mention
Bishops
under
that
notion
and
title
they
are
now
commonly
taken
;
for
otherwise
lest
in
the
largest
construction
the
case
were
mischievous
:
For
who
knoweth
not
that
every
Generall
of
an
Army
,
Major
of
a
Citie
,
Master
of
a
Company
,
Master
of
a
Ship
,
Clerke
of
a
Market
Parson
of
a
Parish
,
Minister
,
Vicar
,
Curate
,
are
every
one
of
them
Episcopus
.
Why
then
in
that
point
let
us
conceive
our selves
to
bee
in
the
condition
of
a
free
state
,
and
a
Presbitery
settled
therein
,
take
for
example
that
of
Geneva
,
as
one
of
the
most
refined
in
that
kinde
(
which
began
about
the
yeare
1530.
invented
by
Calvin
,
he
doth
so
farre
untie
his
owne
knot
as
in
giving
a
reason
for
it
declareth
that
he
did
it
not
,
because
he
Iudged
Episcopacy
,
Antichristian
,
much
lesse
did
recommend
his
discipline
as
a
patterne
to
others
as
appeares
by
his
Epistle
to
Cardinall
Sadolet
)
But
to
goe
on
,
there
the
Minister
excommunicates
it
may
be
with
the
consent
of
his
Brethren
Ministers
for
it
is
plaine
the
Layick
,
and
Secular
,
have
not
by
any
Law
,
any
manner
of
power
or
capacity
of
power
to
act
the
least
thing
in
the
matter
of
sentence
of
Excommunication
,
why
then
it
must
bee
insisted
upon
that
in
these
cases
and
places
the
power
of
sentencing
(
which
is
the
great
and
generall
question
)
cannot
bee
in
a
mixt
body
of
Ecclesiastiques
and
seculers
if
that
should
bee
affirmed
,
I
must
then
put
this
question
quo
warranto
,
which
if
it
can
bee
clearely
resolved
,
I
shall
bee
the
sooner
drawne
to
yeeld
.
Then
to
that
question
.
I
suppose
the
mainteiners
of
that
power
must
make
it
good
,
either
by
the
Civill
or
Cannon
Lawes
,
or
that
wanting
by
custome
for
Nullum
tercium
Invenio
.
For
the
first
it
appeareth
to
bee
so
totally
and
absolutely
against
it
,
that
I
will
mention
it
no
further
:
Then
next
for
custome
,
and
I
think
the
Civill
or
Canon
Laws
,
choaketh
it
also
;
But
wee
shall
a
little
better
examine
this
point
and
power
of
custome
.
Observing
the
rise
of
this
tumerous
body
of
custome
in
Free
states
,
where
Presbyteries
are
setled
in
other
cases
as
well
as
this
,
I
finde
the
way
hath
been
where
they
find
laws
against
them
or
wanting
,
to
draw
their
own
fantasies
into
customes
,
and
then
to
make
customes
their
deitie
,
ascribing
to
them
all
omnipotency
:
But
the
Lawes
having
an
eye
as
well
to
former
as
future
Customes
,
neither
abrogating
nor
approving
all
,
rectifieth
them
into
a
due
course
,
and
have
for
complyance
with
those
which
are
or
may
be
just
,
granted
them
liberties
:
and
for
others
unwarrantable
set
them
limits
,
thus
?
first
in
their
definition
.
Custome
is
a
certaine
right
which
is
taken
for
law
,
when
law
wants
:
A
little
more
largly
.
Consuetudo
est
jus
quoddam
moribus
institutum
quod
pro
lege
suscipitur
cum
deficit
lex
,
againe
.
clem
.
44.
c
.
4.
Sixt
:
20.
c
.
3.
Sixt
.
83.
c
.
3.
Sixt
132.
c
.
3.
Sixt
20.
c
.
4.
Consuetudo
dat
jurisdictionem
,
againe
.
Consuetudo
legum
interpres
,
thus
much
for
priviledges
and
liberties
.
Next
for
limits
,
and
they
come
in
as
exceptions
to
all
the
former
generall
cases
.
First
,
Consuetudo
rationabilis
est
si
non
contra
jus
&
sufficit
si
pro
40.
annis
continuatur
.
But
in
certaine
cases
both
custome
and
prescription
voyde
,
as
in
this
or
the
like
cases
.
The
Cannons
of
a
Church
of
time
long
enough
to
introduce
a
custome
(
if
it
were
reasonable
)
were
wont
to
receave
daily
distributions
as
well
those
present
as
absent
,
whether
this
be
a
voyd
or
a
reasonable
custome
or
not
?
resolved
in
point
of
Law
voyd
:
for
those
absent
may
not
have
those
distributions
because
they
are
and
ought
to
bee
given
into
their
hands
,
and
are
therefore
rightly
called
Mannalia
benificia
Clericorum
,
and
so
both
custome
and
prescription
voyd
:
But
to
come
to
the
point
of
Excommunication
.
Excommunication
cannot
bee
awarded
or
denounced
meerly
by
any
custome
onely
against
private
persons
,
if
not
against
them
▪
Extravag
:
com
.
23.
c
.
2.
much
lesse
against
superiors
,
and
then
how
can
custom
in
free
States
or
Presbyteries
in
them
be
enabled
by
any
custome
availe
,
have
any
power
,
to
excommunicate
.
But
againe
look
into
the
former
words
of
the
definition
of
custome
:
it
is
a
right
taken
for
law
where
law
wants
,
out
of
which
is
concluded
aliter
non
.
And
then
the
lawes
of
,
and
for
Excommunications
being
not
wanting
to
any
free
State
or
Presbytery
,
if
they
will
fol
ow
the
rules
of
those
Laws
,
they
must
excommunicate
by
those
laws
or
else
they
have
no
power
by
custome
or
otherwise
to
excommunicate
.
But
lastly
to
conclude
all
,
if
we
should
admit
them
power
by
custome
or
prescription
to
excommunicate
yet
then
those
excommunications
as
all
others
whatsoever
[
except
the
former
excepted
]
upon
the
first
sentence
of
excommunication
must
stil
be
inseparably
accompanied
with
those
two
essentiall
adjuncts
.
1.
Of
due
Monition
.
2.
Of
power
liberty
and
meanes
to
appeale
,
and
of
some
certaine
qualified
person
,
to
whom
:
which
if
they
can
doe
and
follow
,
I
may
grant
,
that
which
is
not
yet
granted
that
presbiteries
in
free
States
may
by
custome
or
p●escription
have
power
to
excommunicate
,
aliter
constant
esse
impossibile
.
And
now
having
drawne
the
lyne
along
the
work
I
find
by
a
retrospect
of
that
which
is
already
done
the
worke
of
too
short
a
scantling
for
the
lyne
and
therefore
fits
here
to
tye
the
knot
:
For
though
it
●e
true
by
all
this
which
is
said
it
doth
not
yet
c●earely
appeare
in
whom
the
power
of
sentencing
is
;
Yet
is
most
plaine
that
in
the
case
of
Presbytery
of
Divines
and
seculers
in
a
free
State
,
it
is
not
,
which
may
serve●
for
resolution
sufficient
for
the
poynt
in
hand
.
True
it
is
the
worke
may
be
peeced
or
spliced
to
a
further
length
,
and
then
also
may
the
same
lyne
be
found
of
extent
enough
to
resolve
the
affirmative
In
the
meane
time
I
shall
conclude
as
a
skilfull
Engineere
did
,
who
took
upon
him
to
defend
and
preserve
a
besieged
Citie
so
long
as
they
could
find
him
materialls
to
worke
upon
wherein
at
last
they
failing
,
hee
answered
now
also
have
I
ended
my
worke
not
for
want
of
skill
,
but
of
materialls
to
work
upon
,
only
I
thought
fit
,
observing
the
conceipt
of
some
which
hould
there
will
in
a
reformation
(
such
as
Presbitery
or
the
like
)
be
no
necessity
of
Excommunication
to
close
up
all
●●●h
this
addition
by
way
of
Epilogue
or
Lenvoy
rather
proving
then
shewing
an
absolute
necessity
of
it
in
all
true
Christian
and
Orthodox
Churches
,
and
that
by
a
most
remarkable
,
I
may
say
admirable
if
not
matchlesse
,
example
and
practise
of
the
professors
of
the
Gospe●l
in
the
Polonick
Churches
which
is
this
.
There
being
amongst
them
some
difference
though
not
in
matter
of
faith
yet
in
some
circumstantiall
points
of
the
severall
confessions
which
they
severall
adheere
unto
;
some
embracing
the
Waldensian
or
Bohemian
,
others
the
Augustan
some
the
H●lvecian
confession
:
they
to
preserve
,
unitie
in
the
bond
of
peace
,
and
to
keepe
unshaken
and
inviolab●e
the
maine
do
all
joyntly
meet
at
one
Generall
Synod
and
that
of
late
yeares
,
in
Anno
1570.
1573.
1578.
1583.
1595.
Brerewood
preface
.
And
their
●irst
act
alwayes
is
a
Religious
&
solemn
profession
of
their
unfained
&
unanimous
consent
in
the
substantiall
points
of
Christian
faith
necessary
to
Salvation
;
to
agree
in
the
principall
head
of
faith
.
1
Touching
the
holy
Scripture
2
The
sacred
Trinity
,
3
The
person
of
the
sonne
of
God
God
and
man
4
The
providence
of
Gob
,
5.
Sinne
,
6
Freewill
7
the
Law
8
The
Gospell
,
9
Justification
by
Christ
,
10
faith
in
his
name
,
11
Regeneration
,
12
the
Catholike
Churh
and
supreame
head
thereof
Christ
,
13
Sacraments
,
their
number
,
and
use
,
14
The
state
of
Soules
afer
death
,
15
The
Resurrection
and
life
eternall
.
Amongst
the
rest
;
they
generally
conclude
that
wherein
the
afore
named
confessions
there
is
some
difference
in
Phrases
and
formes
of
speech
concerning
Christs
presence
in
the
holy
Supper
which
might
breed
disscention
;
All
disputations
of
the
manner
of
Christs
presence
should
be
cut
off
,
seeing
all
of
them
do
agree
,
the
presence
it selfe
;
and
that
the
Eucharistiall
Elements
are
not
naked
and
empty
signes
but
do
truly
performe
to
the
faithfull
receivers
that
which
they
signifie
and
represent
,
and
to
prevent
all
future
occasions
of
violating
this
sacred
consent
they
ordained
and
decreed
that
no
man
should
be
called
to
the
sacred
ministry
without
subscription
thereunto
.
And
when
any
man
shall
be
excluded
by
excommunication
from
the
Congregation
of
one
Confession
that
hee
may
not
be
received
by
the
Congregation
of
another
:
and
now
whether
amongst
us
who
are
like
to
have
too
many
,
and
many
more
severall
Congregations
then
in
all
probability
can
bee
yet
rectified
and
drawne
into
an
unity
;
of
what
necessity
due
and
legall
excommunication
is
,
let
the
wisest
Iudge
whiles
all
must
be
sensible
of
the
want
of
it
there
being
yet
amongest
us
as
Saint
Augustine
hath
in
the
same
or
like
Case
,
Epist:
86
Interminata
luctatio
.
To
conclude
all
,
I
shall
end
with
the
same
submission
as
I
began
my
labour
,
being
not
in
exceptions
to
impeach
or
bar
,
but
for
cautious
observations
,
and
Rules
to
fit
and
square
out
a
right
legall
and
warrantable
course
(
if
it
can
be
)
of
and
in
setling
and
pursuing
Excommunications
so
tota●ly
to
vest
it
in
the
new
,
as
not
to
leave
nec
vestigia
quidem
in
the
old
.
FJNJS
: