measure executes it self So that Excommunication ipso facto is Excommunication ab ipso jure sive sententiae a jure latae and is so call'd in Contradistinction to Excommunication ab Homine sive Judice where the definitive Sentence must be waited for and pronounced before the Excommunication can take effect From what hath been said it is evident that the guilty Person in this Case is immediately in the state of Excommunication so that he ought not to thrust himself into the Communion of the Ch. it being a thing which belongs not to him and to which he hath no Right and from which he can receive no Benefit but ought to put himself into the state of a Penitent to bewail his Fault and make what Satisfaction he is able and to endeavour his Reconciliation to the Church upon such Terms and Conditions as the proper Judge in that case shall think fit for that end and purpose of which a true and hearty Repentance so far as Man can discern is always one But then whether all Persons are bound to treat this Person as an Excommunicate is another Question Indeed if he as he ought confess his Fault declare his Condition and bewail it there can be no doubt but that others though they may pity him yet ought to treat him as an Excommunicate till he be restored by due course but then it too often happens that the Fact is hid and secret or if the Fact be known yet the Criminal is not or if both Fact and Criminal be known yet it may not be known or but to few that there is any Canon or Law which ipso facto puts such a Person under Excommunication yea after all though Fact Criminal and Canon be known yet it may be a doubtful and controverted case whether the Crime be within the Verge and Censure of such Canon Now in such a case I humbly conceive that no Man is strictly bound to treat such a Person as an Excommunicate until a declaratory Sentence of a proper Judge have passed on the thing though a definitive one be needless that is that the Judge having true notice of the Crime do declare that it is the same against which the Canon pronounces an Excommunication ipso facto and this published shall be sufficient to oblige others to treat the Person so declared against as under a state of Excommunication But then again there are Cases wherein so much as a declaratory Sentence is needless and Persons may be bound to look on the Criminals as Excommunicates without any such Sentence as when the Fact Criminals and Canon passing Sentence thereon are notoriously known in such case the Church requires all persons without more adoe to take notice of the Offenders and to treat them as persons under the Sentence of the Canon tho' the Judge hath given no Sentence in the case and commends them for so doing tho' in other cases it allows them not the Judgment This Mr. Hody doubtless would have told us if it had been for his turn but thanks to more fair and ingenuous Persons the Canon now speaks plain for itself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. But if any shall separate themselves from Communion with their Superiour for any Heresie condemned by the H. Synods and Fathers he publickly preaching the same Heresie to the People and teaching it barefac'd in the Church such shall not onely be free from Canonical Censure for separating from Communion with the Bishop so called before synodical Condemnation but they shall be thought worthy of the Honour that is due to the Orthodox because they have not condemned a Bishop but a false Bishop and a false Teacher and have not divided the Vnity of the Church by Schism but have studiously endeavoured to preserve the Church from Schisms and Divisions Thus in cases manifest and notorious Christians followed the Censure of precedent Canons without staying for particular Sentence the onely Question then is whether there be such notoriety in our particular case And truly I think that there scarce ever appeared in the World a more notorious and manifest case the Matter of Fact is evident to all there being scarce a Child of five years old in the Kingdom who doth not know how the Authority of K. James is trampled on despised and denied if he be not taught to do it himself and as for the Persons they are as well known the Laymen glorying in it in all places and the Clergy roaring it out before whole Congregations and then the Canon which censures them as excommunicate ipso facto for so doing is or ought to be as well known for it is commanded with the rest once every year to be read in all Churches which I think is fair notice and if they will not take it affected Ignorance will rather aggravate than excuse their Fault from all which it is plain that these Offenders ought to be treated as excommunicate ipso facto upon the Authority of the Canon without waiting for the declaratory Sentence of a living Judge Having considered the nature of an Excommunication ipso facto I shall next enquire into the state and condition of an excommunicated Person which is very sad and dreadfull as to any Man but when it falls to be a Clergyman's Lot it makes fatal Work For 1. It divests him of the Power of Exercising any Ecclesiastical Jurisdiction and if nevertheless he will take upon him to exercise it it renders all his Acts invalid and null And I think it will be worth some Mens pains to enquire whether this may not affect all the Ecclesiastical Courts in England for I doubt it will not be sufficient to say that many things are done in those Courts which were committed to them by the Civil Power as things that seemed most fitting to be done by Ecclesiastical Persons tho' they might be done by others for though this tacitly acknowledges a Nuâ—…ity or what proceeds from their Spiritual Authority yet I see not what Service it can do them as to what is intrusted to them by Secular Authority for if it were intrusted in them as Ecclesiastical Persons and as Ecclesiastical Persons thâ—y stâ—nd excommunicate I cannot see how they continue capable of exercising such Eccâ—esiastical Jurisdiction But let those Persons look after that who have or shaâ—l have any Suits there or have occasion to prove any Wills wherein they are intâ—â—estâ—d or the like for if ever things should come to Rights again which I hope is no hurt to wish if such Matters were not confirmed by a lawful Authority perhaps some who at present are proud of their Rebellion and the Effects of it may live to curse the time that ever the Mob made Kings or a Dutch man Archbishops 2. Excommunication renders a Clergyman so long as he continues in that state unâ—apable of any Ecclesiastical Benesice or Promotion and if he attempt to take any all means used to conser it upon him become ineffectual a Presentation of such
deep Sense how scandalously the Christian Religion was injured hereby she not only severely censures such Offenders but also clogs their Restoration with great Difficulties and makes it a reserved Case I am not ignorant that the Bishop of Rome who grasps at and claims no less than all has made Reservations till he has reserved away in a manner the whole Authority of all the Bishops in his Communion but the best things may be abused or usurped upon For in the first Ages of the Church we find Cases reserved but then it was by Canons made in Council where it was thought necessary for the benefit of the Church to restrain the exercise of Jurisdiction of single Bishops in some special Case hence it was decreed that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nothing of moment should be done without the Bishop of the Prime See whom we now call a Metropolitan or Arch-bishop and herein our Church hath trod in the Steps of the Primitive Fathers For she leaves the Bishops their just Authority and yet reserves some matters of more universal Influence and concern to the Metropolitan and that she hath done it in this and some other cases perhaps there are weighty Reasons As 1st To preserve and secure the Discipline of the Church in matters of great importance and publick concern Favour Affection Interest or Importunity of Friends might perhaps be apt to sway sometimes with the particular Bishop either to overlook the thing or too easily to reconcile the Persons whereas the Metropolitan is less obnoxious to such Motives Besides if he should neglect to do his part the Suffragan Bishop would have just cause to complain and desire the exercise of his Jurisdiction in that particular to be restored if the other answer not the end of the Reservation and thus they are made a mutual Spur to and Watch upon each other 2dly For more publick Satisfaction the Crime may be notorious and the Offence given to a whole Nation or more and if the Person should be reconciled by his Ordinary it might be known to few and consequently the Scandal remain but being done by the Metropolitan it must necessarily be more notorious the Party's Repentance will be more publick and a more ample Satisfaction made for the Dishonour done to the Laws of God and his Church 3dly For a particular Brand upon the Crime and to testifie the Judgment of the Church as to her high detestation of it For every one must think that she hath a singular Abhorrence of that Crime which she declares she will not forgive but upon such severe conditions 4thly For the more effectual punishing and reclaiming the Offender he is by this means more surely held and his Trouble and Pains much greater to get out of the Snare he hath run into He must be more thoroughly mortified before he will submit to such open Penance and Recantation and when it is over it s very being so well known will in all probability be a means to prevent his relapsing Lastly The more powerfully to deter others that they may not dare to run in that Wickedness which intangles Men with such great Difficulties and brings them to such open Shame Now as big and scornfully as our Adversaries look upon us I think I have proved that these are the Circumstances they are under and having done my endeavour to convince them of their Sin and Danger I know not what I can now do more or better for them than to pray to God to give them Repentance they have not only brought a Flourishing Church into a most miserable condition but have razed the very Foundations and set her on no Bottom she is not only lest at the discretion of the Secular Power but prostituted to the frantick Will and Humour of every Usurper which is little better than putting God's Church under the Devil's Protection The Breach of Promises and Oaths the renouncing our natural Allegiance and Canonical Obedience are made no Sins if the adhering to them should chance to bring us under any Inconvenience And thus the Doctrine of the Cross so particularly entailed on Christianity is huff'd and scoff'd out of Doors Men may join with the Devil to delude themselves and others but certainly God will visit for such Sins as these and sooner or later make such Sinners know themselves May God in Mercy give them a sight and sense of their Sins that they may repent and return and God's Judgments averted and our Breaches healed tho' I abominate the Crimes yet I have no ill-will to their Persons and wish them reconciled but as for the methodus reconciliandi I leave it to my Superiors the proper Judges who doubtless will faithfully assist and advise their Metropolitan how the Canon may be satisfied And provided that some sort of Reparation were made for the Dishonour done to God and his Church and the Wrongs done to the Lawful King I should very readily acquiesce in almost any Terms and rejoice to see an end oâ— the sad Thoughts of Heart caused by the Divisions of Reuben I had here concluded but that as I was penning these few Considerations News was brought me that after so long consulting and caballing Stillingfleet-Hody was come abroad laying about him like Goliah knocking down no less than 6 or 7 at once and making bolder Challenges than ever did that mighty Philistine I did think my self as to my present Subject out of his reach but not knowing what a Mad-man who lays about him at all Adventures might hit upon I procured the Book Now tho' his Principles well improved will vindicate any Villany or destroy any thing honest or true yet not finding my present Subject particularly affected I shall dismiss him and his Book with only some few Observations which may serve a little to stay honest Men's Stomachs till they can have a full Meal The Jackdaw in the Fable set out with the Peacock's Plumes did never strut and bristle at half the rate as doth this Vain-glorious Fellow and if every Bird should seize his own Feather he might be left as naked and ridiculous as was his Emblem The very Title is insolent and amazing For what honest or modest Man would discourse and set up for Sâ—es Vacant by an unjust or uncanonical Deprivation For if the Deprivation be uncanonical the Persons are not by Canon deprived if it be unjust the Law and I hope there may be some Law left tho' we have so little benefit of it affords every Man a Remedy against Injustice and will help him to recover his right against it and the very Plea which the Law assigns in this case is Ecclesia plena just opposite to his Vacancy But right or wrong if it be done by a Power irresistible there must be a Submission Now I would know what he means by irresistible for properly speaking perhaps only God is so but if by it he means a Power by any wicked means and in any wicked courses become Superior to us
a one cannot be accepted or if it be his Institution is void They may chew the Cud upon this who have accepted any Preferments under these Schismatical Bishops for the obtaining of which they have taken Oaths whereby they denied their lawful King and consequently then incurred an Excommunication ipso facto 3. It makes the whole Administration of his Ministerial Office ineffectual You can expect no Return of Prayers made with him with whom you ought not to communicate the B. Sacrament consers no Benesit received from his Hands he cannot authoritatively bless the People of God who is himself under a Curse and excluded from being a part of them And here I think all those who have joined themselves to such Persons to be highly concerned to lay their Hands on their Hearts and consider well what they have done in communicating with them hitherto and whether they can think it safe to continue therein for in communicating with them as they are Schismaticks they make themselves Schismaticks and in communicating with them as they are Excommunicates not only all their Labour is lost but they get a Curse instead of a Blessing The matter were not altogether so bad if this Censure extended only to Clergy-men but that a thorough Provision might be made to secure the Subject in Obedience it spares none and therefore I shall consider how Excommunication affects Persons in general whether Lay-men or Clergy-men 1st Then no excommunicated Person ought to be sussered to be present at the Service of the Church and if the Minister who officiates can no other ways get rid of him he ought rather to break off and desist than to susser such a Person to join in Communion with his Flock 'T is indeed true that he may be allowed to be present when the Sermon is made as supposed to make for his Information or Conviction but even then he ought not to be intermingled with others but to stand alone and plainly distinguished from the rest of the Congregation But to the Prayers such Persons never were nor ought to be admitted 2dly Every excommunicated Person is especially debarred from being a Partaker of the Lord's Supper and antiently if any Priest did administer the Sacrament to such an one bâ—â—ore he was Canonically reconciled to the Church which originally was done by the Bishop or by Authority deputed from him he himself became liable to be deposed and no longer intrusted in the Ministry 3dly Whosoâ—ver stands excommunicated non â—rrante clave he is dismembred and cut off from the Church and consequently deprived of those Supplies and Succours which the Mâ—â—bers receive by being united together in one Body and by means thereof to Christ their Head they are like Branches cut off from the Vine there is no way or means left whereby any gratious Succours can be conveyed unto them unless there be a Reinsition and they be received and grafted in again 4ly Every excommunicate Person is under a heavy Curse the Devil has a peculiar Power over him so that his Condition is very deplorable and desperate whilsâ— he remains under that Sentence Hence the Scripture styles it a delivering unto Satan 1 Cor. 5. 5. and 1 Tim. 1. 20. and Tertullian calls it summum futuri Judicii Praejudicium the highest Presumption of what shall be his Sentence in the day of Judgment God will ratiâ—ie in Heaven the Sentence of his Church on Earth when she proceeds against Offenders in vindication of his Laws and Ordinances That Saying of our Saviour to his Apostles is enough to strike any Man with Horrour who justly incurrs the Censure of the Officers of the Church 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 Mat. 18. 18. 5ly An excommunicated Person is or ought to be debarred from most of the Benesits and Comforts of civil Conversation he is like a blown Dear every one in the Herd even for his own Safety will push him from him or like a Man that has the Plague every one that would escape the Infection avoids him But of this more presently in its due place The State and Condition of a Person under the Sentence of Excommunication being thus briefly explain'd I think it may be sufficiently dreadful to any who have any sense of Christianity or apprehensions of the Wrath of God and if this be the state of the Revolutionists they have no great cause to brag of their Bargain and if others did carry themselves towards them as they ought to do towards Men in such a State I am apt to think they would quickly hang their Heads and if their Hearts were not as hardened as Pharaoh's very Shame would work in them remorse and bring them to Repentance But tho' I have little hopes of this both Priests and People being so generally infected yet to discharge my own part I shall proceed in my Method before propounded and shall now examine what ought to be the Behaviour and Carriage of other persons towards a person that is under Excommunication and 1. All persons ought to stand upon their Guard against him and not onely keep him from the publick Service and drive him out of their Churches as a Profaner of their Communion and one who has no Right to it and as one who is infectious and injurious to them and makes their Communion ineffectual but farther they ought to take care that they join not in any private Devotions with him nor admit him to Prayers with them tho' in their own Houses I do not say but they may pray for instruct admonish and endeavour what they can to reclaim such a one but they must not pray with him nor join in any other Act of Christian Communion with him Procul ite profani was proclaimed at the Celebration of the Heathen Mysteries and do not the Christian Mysteries deserve much more Reverence and Awâ— Ought we not as nigh as we can to have a care that we admit none of his Enemies none that have notoriously provoked him and not attoned their Crime when we perform those Acts and Offices wherein we have Access to and Communion with the great God of Heaven and Earth I confess that particular Persons ought not to take upon them by their own Authority to exclude any from Communion but iâ— they know any person to be guilty of a notorious Crime or live in a scandalous Way they ought to complain to proper Judges but when the Church has pass'd her Consure upon them they have a kind of Cain's Brand and are marked out for all Men to avoid it is our B. Saviour's own Direction to us concerning every such person that he be unto us as a Heathen Man and a Publican Mat. 18. 17. and such tho' they had been Emperours the primitive Christians were so far from admitting to their Communion that they would not so much as allow them to be bare Spectators not
and able to crush us I think that then his new Notion will warrant us to comply with the Devil if God in Judgment should let him loose upon us The Proposition which is the Key of his whole Book and which he calls a certain and self-evident Maxim is That whatsoever is necessary for the present Peace and Tranquillity of the Church that ought to be made use of provided it is not in it self sinful and the ill Consequences which may possibly attend it are either not so mischievous to the Church or at least not so likâ—ly to happen as the Evils wâ— endeavour to avoid Now this tho' in other Words is the main Principle which the Author of the Vnreasonableness of the New Separation founds his Discourse upon by which any Man may guess at the Genius that runs through the whole Book It is somewhat bold to call that a certain and self-evident Maxim which depends upon so many Contingencies and Possibilities and that also in such cases wherein Men for worldly Interest or carnal Security are too prone to judge amiss But to pass by several Exceptions that might be made against it he knows that we deny not but that Bishops in several cases may I do not say are always bound recede from their own Right for the real good of the Church but then we say there are Cases wherein they ought not to give it up for a pretended Peace or Good and whether the present be not one of those Cases is the Dispute To this purpose he ought to have proved much more clearly than he any where has That Canonical Bishops are bound not only to quit their Churches and give up the whole disposal of Church-Affairs to a Lay Usurper but to renounce their natural Allegiance and violate their Oaths whenever they fall under an unjust Force and farther to make it self-evident that Perjury and Rebellion are matters in themselves not sinâ—ul For all the Pretences how specious soever which are set up to take off the Obligations which we lie under either as Subjects or Christians are meer Shams and Impostures For we are under no necessity no irresistible Force nay not any Force at all except that of our own Wickedness Vndutifulness and Rebellion the very return to our Obâ—dience would be our Deliverance our Duty would infallibly save us and put an end to all these Miseries and Confusions unless such a senseless Imagination could possess Mens Brains that a little shrivled Thing with a crooked Nose could be too strong for all England Scotland and Ireland and the Dominions thereunto belonging They will never say any thing to the purpose in the present Case till they prove that Men may pleaâ— their own Sins in their Justification and that having engaged themselves in wicked Courses they are thereby authorized to go on and do worse As to the incomparable Vindicator he in a Bravado tells us That he shall answer all that he has said or ever will be able to say c. chap. 4. pag. 41. One would suspect that this Man had a mind to invade the Prerogative of God Almighty and pretend to Omniscience Did ever any Man tho' endued with a Spirit of Prophesie pretend to know all that ever another will be able to say For his own sake he ought to have used more Modesty towards a Person who has as much Learning and an hundred times more Honesty and Goodness than he and all his Consederates But he tells us that his Eye is particularly on the Learned Vindiâ—ator and to him I am willing to leave him For tho' he may justly glory in so great an Adversary as being too gâ—eat an honour to him yet I make no question but that all he will gain thereby will be to necessitate that Learned Person to expose him to open Shame I should wrong these few Considerations if I should farther wander after a Treatise in the contriving of which more Persons have been concerned than Mr. Hody's Name hath Leâ—ters and if Persons will not suffer themselves to be suddenly carried away with vain Boast and super-fine Sophistry I doubt not but e're long they will see that this Swaggering Wadhamite has to do with Men that will not flâ—nch as hâ—ving a Cause so good that they are neither affraid nor ashamed to maintain In the mean time retaining my formâ—r Principles I have added another Foot for the Cause to stanâ— upon which if it prove good they must be cast notwithstanding whatever Mr. Hody or any other hath hitherto plâ—aded in their behalf and I think it the more pinching in that they are obliged to acquit themselves against the Church of England and her Canons which have cast them out and till the can get off in that State I leave them with the same Prayer commonly used for Men that have the â—lague The Lord have Mercy upon them FINIS