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A35587 The Case and cure of persons excommunicated according to the present law of England in two parts : I. the nature of excommunication, as founded in Holy Writ : the persons intrusted with that power, the objects of that censure and the method prescribed by God for it : the corruptions of it in times of popery, with the acts of the popish clergy, to fortify it with under these corruptions : the several writs of common law, and the statute laws made in those times, and still in force : to restrain the abuse of this censure, and to deliver the subjects from the oppression of it : II. the mischievous consequents of excommunication as the law now stands at present in England : with some friendly advice to persons pursued in inferior ecclesiatical courts by malicious promoters : both in order to their avoiding excommunication, or delivering themselves from prisons, if imprisoned because they have stood excommunicated fourty days. 1682 (1682) Wing C848; ESTC R4831 39,295 48

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him that he might be ashamed yet ver 15. Count him not as an Enemy but admonish him as a Brother Yet in some respects it appeareth to be the will of God that an Excommunicated Person should be treated worse than an Heathen 1 Cor. 5.9 10. I wrote you an Epistle saith the Apostle not to company with Fornicators Yet not altogether with the Fornicators of this World or with the Covetous or with Extortioners or Idolaters for then must you needs go out of the World Ver. 11. But now I have written to you not to keep Company if any Man that is called a Brother be a Fornicator or Covetous or an Idolater or Railer or a Drunkard or an Extortioner with such a one no not to eat By which it appeareth that such Persons as are here specified were to be withdrawn from and to that degree that Men should rather have an Intimacy of Communion with Heathens than with them What further Direction we have in this Case is in the Epistles to Titu● and Timothy Tit. 3.10 A Man that is an Heretick after the first and second Admonition reject 2 Tim. 3.2 Men shall be lovers of their own selves Covetous Boasters Proud Blasphemers disobedient to Parents unthankful unholy without natural Affection Truce-breakers incontinent fierce Despisers of that which is good Traitors Heady-minded Lovers of Pleasures more that Lovers of God Having a Form of Godliness and denying the Power thereof from such turn away Rom. 16.17 Mark them which make Divisions amongst you contrary to the Doctrine which you have received and avoid them This is the most of what we find in Holy Writ concerning this Institution of Christ both as to the Doctrine concerning it and concerning the Practice of it from whence may be easily gathered that the Description which the Canonists anciently gave of it is not much amiss for Panormitan telleth us That Excommunication is nothing else but a Censure pronounced by the Canon or the Judg Ecclesiastical by which a Person is deprived of the Communion of the Sacraments and sometimes with Men. The former of which he calleth the lesser the latter the greater Excommunication It is a more Theological Description of it to say It is an Institution of Christ for keeping the Purity of his Church by which such as he hath authorized thereunto have Power in such order and manner as he hath appointed to separate from the more intimate Communion of a Church in such Ordinances as may not be administred to Pagans such Persons as Christ hath declared unfit for that Communion untill they have declared their bearty Repentance for such Miscarriages CHAP. II. A further Inquiry concerning the Persons whom God intrusted with the Power of Excommunication being one of the Keys of the Kingdom of Heaven they are proved to be Apostles and Pastors of Churches with the consent of the Body of the Church WE are for the fuller understanding of the Will of God in this Institution in the first place to inquire to whom our Lord Jesus hath trusted this Power He tells Peter Mat. 16.19 And I will give unto thee the Keys of the Kingdom of Heaven A Text the Papists make great use of But is no more than he tells all his Disciples of John 20.23 Whose soever Sins you remit they are remitted to them and whose sover Sins you retain are retained and in the Rule he gives us Mat. 18. concerning Offences not committed publickly for such Cases there is no need of fraternal Correption as appears 1 Tim. 5.20 Those that sin rebuke before all he commands the third time they should tell the Church and if the Offender would not hear the Church he should be as an Heathen or a Publican The Church can be no single Person nor doth he write to the Bishops or Pastors but to the Church of Corinth about the incestuous Person 1 Cor. 5. and directs them that the Act should be done when they should be gathered together in the Name of Christ There are in Excommunication two things The Judgment of the Cause and the Pronouncing of the Sentence The pronouncing or publishing of the Sentence is a meer Ministerial Work yet we do not find that it was ever done but by a Bishop or Minister But the main business is to inquire whom Christ the Lord of the Church hath betrusted with hearing these Causes and judging concerning them for of his Appointment they must be who hath any thing to do to turn any out of his House but either he himself who is the Lord of the House or such as he hath delegated thereunto St. Paul saith he had delivered up to Satan Hymeneus and Philetus He ordereth Titus the Bishop or Pastor at least of Crete to reject an Heretick after the first and second Admonition He writes to the Church of Corinth where they were gathered together to deliver up the incestuous Person to Satan From whence we may indeed conclude That the Minister is concerned but not that it was ever committed to him alone without the consent of the Congregation and it is a Rule of Reason Quod omnes tangit ab omnibus tangi debet the whole Body is concerned in the cutting off of any Member and in vain shall any Officers cast one out of Communion with the Church with whom yet the Church will keep Communion Nothing appears more clear to me than that it belongeth to the Bishop or Pastor with the whole Church to hear such Causes and the Pastor and Officers to judg of them which being granted I cannot see how any Person can be lawfully Excommunicated by any Council or Synod it must proceed from the Church gathered together and that the Officers of many Churches gathered together should make a Church clothed with Authority from Christ to Excommunicate I cannot understand from any thing of Holy-Writ And indeed I take one of the first warpings from the Rule of Christ as to this Ordinance to have been then For had the Cause been of much more weight than the mis-timing of Easter I cannot understand by what Authority unless usurped Victor could Exccommunicate the Churches of Asia But to pass this for more than five hundred Years after Christ the Churches never allowed it within the Power of any but either of the Collective Church or the Bishops and Pastors in their respective Churches to hear the Causes of Persons with reference to the Solemn Sentence of Excommunication and to determin any to it In the third Century the Power rested penes Seniores Ecclesiae in the Elders of the Church as appears from Tertullian's Apologetick and the Denunciation of the Sentence was by a Bishop or Presbyter this Origen hinteth to us again and again Thus it was in Cyprian's Time in the Case of Fortunatus Foelicissimus Maximus and Jevinus and thus if we will believe Ecclesiastical History Fabranus Excommunicated the Emperor Philip tho I give little Credit to Eusebius in that Story believing the course of excommunicating Emperors of