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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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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 Ecclesiastical 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 LONDON Printed for J. R. Sold by Richard Janeway 1682. PART I. The Case and Cure of Persons Excommunicated according to the present Law of England CHAP. I. The Foundation of Excommunication both in Reason and from Scripture both of the Old and New Testament EXcommunication being the Separation of a Person from the Communion of the Church at least in some Ordinances seems to be founded in the Law of Reason as well as in Holy Writ for it is very irrational to imagine that any Political Body should be left without a Power to purge it self from such Members of it as are unfit for Communion with it And as the God of Order never left any Kingdom or Commonwealth without a Power to make and execute or at least to execute such Laws as were necessary for its Preservation So it is most of all unreasonable to imagine That that Body whereof Christ is the Head should not be cloathed with Authority sufficient to free it self from disorderly Members God who himself instituted all the Laws of the Jewish Church did not leave that Church without a Power to keep their Communion pure and holy Hence we shall find that Penalty He shall be cut off from his People so often annexed to those Laws which doubtless is not to be understood of Eternal Condemnation for it is unreasonable to imagine that the Child of eight days old should be eternally condemned for the Parents neglect to circumcise it Gen. 17.14 Nor of Corporal Punishments alone for tho God was about to have killed Moses for not circumcising his Child yet we read of no danger the Child was in but the Phrase is certainly to be understood of a penal judicial Separation of the Person from the visible Communion of the Church And that some such thing was in practice amongst the Jews appears in their most corrupt times both by their casting one out of the Synagogue in Christ's time whom he received and by his Prediction to his Disciples that the Jews would for their Confession of him turn them out of the Synagogues Upon the Reformation and the Settlement of the Christian Church Christ is supposed to have clothed his Church with such a Power Mat. 16.19 And I will give unto 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 The same Power he committed to more of his Disciples John 20.23 Whosoever Sins ye remit they are remitted and whosoever Sins ye retain they are retained Our Saviour seemeth more particularly to direct in the Case Mat. 18.15 Moreover if thy Brother shall trespass against thee go and tell him his Fault betwixt thee and him alone if he shall hear thee thou hast gained thy Brother But if he will not hear thee then take with thee one or two more that in the mouth of two or three Witnesses every Word may be established And if he neglect to hear them tell it the Church if he neglect to hear the Church let him be unto thee as an Heathen and a Publican Verily I say unto you whatsoever you shall bind on Earth shall be bound in Heaven and whatsoever you shall loose on Earth shall be loosed in Heaven More than this we find not in our Saviour's Directions given by himself But he ascending up on high gave Gifts unto Men Apostles Evangelists Prophets Pastors and Teachers Apostles to plant Churches and to put them in order revealing his Will unto them for their Order and Government Pastors and Teachers for the ordinary Government of them by putting the Laws in Execution which Christ personally gave or which the Apostles gave for the ordering and Government of them we find the Apostle Paul more fully instructing us as to this Ordinance of Excommunication we have an eminent Instance 1 Cor. 5. A Person that was a Member of the Church of Corinth had taken his Father's Wife the Apostles Judgment concerning him is declared ver 4. In the name of our Lord Jesus Christ when ye are gathered together and my Spirit with the Power of our Lord Jesus Christ to deliver such a ●●e unto Satan for the Destruction of the Flesh that the Spirit may be saved in the day of our Lord Jesus That Phrase of delivering unto Satan is again mentioned 1 Tim. 1.20 of whom is Hymeneus and Alexander whom I have delivered unto Satan that they may learn not to blaspheme Most agree that the Apostle in these Texts by delivering to Satan and understands Excommunication why he expresseth it by the notion of delivering up to Satan is not so uniformly agreed Some think that Excommunicated Persons were in these Times corporally vexed by Satan I could never see it well proved at least that it was ordinarily done tho God might make some such remarkable Instances of his Vengeance There is a sense in the Canon Law which pleaseth me much better which is by the Apostle called The God of the World as the Church is God's House so Men out of the Church are in Satan's Territories and under his Government and this certainly is the meaning of that Phrase The Apostle delivered up Hymen●●s and Philetus who had put away Faith and a good Conscience to the World that is Shut them out of the Communion of God's House which is the Church and left them to the World and this comporteth with our Saviour's Institution Let him be to them as an Heathen and as a Publican From which also appeareth that Persons under that Sentence might according to the Will of God be admitted to such Ordinances as Heathens might be admitted to who might be preached to and prayed for Yea the Excommunicated Person was in something a better Condition than a meer Pagan for the Church was under an Obligation to admonish him as one that had been a Brother 1 Thess 3.6 14. he had given command That if any Brother did walk disorderly they should withdraw themselves from him ver 14. they should note him and have no company with