LITMIR.BIZ

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made ad Coercendos Principes; They to suffer martyrdome, these to raise Rebellions; They taught Patience, these practise violence; They professed subjection, these move seditions; They quenched the blood of Tyrants with their Innocent Blood; the bloodthirstinesse of these cannot be swaged, but with the Sacred Blood of God’s Anointed. All this is [Hodie] This Day! Lamentable it is, that ever the sunne shined, or gave light unto this Day. Before Christ, & a thousand yeeres after Christ, Nec usut, nec exemplum, nec mentio, there was neither Practice, nor Precedent nor challenge, nor mention, of this Tyranny. The Possessions and Inheritance of Private men, the Crownes & Thrones of Princes, were then accounted of another Nature. They held them not of the Church, they could not be deprived of them by the Church. The Church could not bestow on her dearest Children by any Blessing; the Church could not then, therefore cannot now, deprive her greatest enimies of them by any Curse, Sentence, Censure, Excommunication. The Prophets never claimed it; our Savior never gave it; the Apostles never received it; the Holie Fathers never heard of it: shall we thinke them carelesse of their lawfull Authority? Nay rather, we conclude, that they, which challendge to be their Successors, are Usurpers of New, unheard of, and unjust Tyranny.

      It is true that the sentence of Excommunication hath ever beene, and ever should be, accounted a fearefull and terrible sentence, a grievous and intolerable Punishment; by some called Virga ferrea, a Rod of Iron, by some Mucro Spiritualis a spiritual sword, by many Fulmen Ecclesiasticum, the Churche’s Thunderbolt; which shakes the Consciences, affrights the Spirits, dauntes the Hearts, & leaves behinde it a Terror in the Souls of Men. In the definition of their Greater Excommunication, which I finde in their Law, I finde these circumstances. 1. The Judge, and that is the Church, or some Authorized by the Church. 2. The Nature; it is a Censure Ecclesiasticall. 3. The Cause, Consumacy in some open notorious mortall sinne. 4. The Proceeding must be Canonicall; the Delinquents openly called, and have their just defence. 5. The Effect, separation from the Prayers, from the Sacraments, from the Society of the Faithfull. Lastly, the End, that he may be ashamed, being ashamed, he may convert, converting, repent, repenting, he may be saved. Here is all Spirituall, Judge, Nature, Cause, Proceeding, Effect, End, All Spirituall. Here is Exclusion from Spirituall Comforts; here is no violence to their Persons, no prejudice to their Estates. In Ecclesia Disciplina visibilis Gladius cessaturus; in the Discipline of the Church, there is no use of the visible and material sword: for we are set up, to watch over your soules, another beares the sword, Evaginandum nutu sacerdotis, to be unsheathed at the Becke of the Priest; as Bernard speakes, and Allen urges, but Nuta(i) Rogatü; Nondum mandant, Praelati Domino Regi, sed supplicant, sive Rogant; at the becke, that is at the Petition, of the Prelates; for in this Case the Prelates commaunde not our Lord the King, but they supplicate, and make Request unto him. It is the confession of their owne Law, it is the ground of their Significavit; Ecclesia non habet ultra, quod faciat, the Authority of the Church is ended, when the sentence of excommunication is pronounced. The Church can proceede no further, then, Tradatur Curiae seculari; Brachium seculare in vocandum; the Secular Power must bee implored; the Authority of the Prince must be assistant. It is true, that the Law alleadges: Mille exempla sunt, & Constitutiones, there are many Examples and Constitutions, wherein it is evident, that they which contain the censure of the Church, have beene Banished, Proscribed, Imprisoned, but per Publicas Potestates, by Publique, and Temporall Authority of Princes, per Potestates (i) Principes.

      And here, as in handling all causes of this nature, we must distinguish betwixt the jurisdiction which the Church may claime by Commission from Christ, and that which the Church hath receaved by Donation, and Indulgence of Princes; betwixt that which appertaines to Excommunication properly, & in its owne nature, and the Penalties that have beene inflicted upon the contemners of that sentence, by the Laws and favour of the highest Magistrate. For hereof the Church of Rome makes no small advantage, when whatsoever shee hath receaved by the bountie of Princes, whatsoever she hath gained, by subtiltie, or by violence, by the keyes of Peter, or sword of Paul, she now claimes all, as due unto her, Jure Divino; & she bindes all, ex salute Animarum; as if she possessed all immediatly by God’s ordinance, which shee, by her inordinate pride, ambition, and tyranny hath usurped. I finde in the Schoole, that the nature of Excommunication is Purgativa respectu Ecclesiae, Purgative in respect of the Church, it purges here from impious and wicked men; Praeservativa respectu fidelium, preservative in respect of the members of the Church, who are by that meanes freed from danger of infection; Sanative respectu delinquentis, of an healing and curing qualitie to the delinquent: in no case doe I find that it is Privativa, or Destructiva, that it shakes the Thrones or endangers the Crownes of delinquent Princes.

      The Effects of excommunication, which the Canonists gather out of the Scriptures, are these; Have no company with him, 2. Tim. 3. With such an one eate not, I. Cor. 5. Receave him not to house, neither bid him God speed, 2. Io. 10. Let him be delivered to Satan, I. Cor. 5. Let him be unto thee, as an Heathen, & a Publican, Mat. 18. In Summa Angelica, I finde 21 Effects specified, yet no Deposing, no Depriving our voluntary Company, but not our necessarie Dutie, our familiar Salutations, but not our publike subjection is forbidden. Some benefits belong unto us, as wee are Men, some as wee are Christians: conceive that a man is deprived of all those blessings, which Christianitie, Religion, Faith, Baptisme, the Church, the Word, the Prayers, the Societie of the Saints can bring unto him, yet his House, his Treasure, his Palace, his Crowne, his Estate, his Regalitie is still in safetie. Looke what hee gaines by his incorporation into the Church, what hee looses by his Excommunication out of the Church: but what by nature, by birthright, by just inheritance, by lawfull succession hath descended unto him, of that no Censure of the Church can deprive him. The Church cannot make him a King; once anointed of God, the Church cannot make him no King.

      In the Law the rigor of these Effects is many ways qualified, and at least dispensed with, if not utterly extinguished. If our Commodity draw us, if the Law bind us, if our Estate & condition require it, if Ignorance privilege us, if Necessitie enforce us; Excommunication cannot discharge us: wee may eate, wee may company, we may converse, we must obey. The estate of a Subject hath all these dependances upon his Soveraigne, therefore no warrant for disobedience.

      Per Excommunicationem Charitas non tollitur; By Excommunication Charity is not excluded: we may Activè and Passivè performe to him, or receave from him any worke of Charitie. Praeceptum Ecclesiae pro charitate institutum contra charitatem militare non potest; the commandement of the Church which consists in love may not warre against itselfe, and abandon Love. By excommunication, a man ceases not to be a man, neither doth hee loose his libertie; Hee retaines all abilitie, wherewith he is naturally furnished, and may doe all things which are agreeable to the Lawes of Nature, Lawes of Nations, Lawes Imperiall. If we may performe the workes of Charitie, wee must performe the duties of Obedience; if hee loose not his Liberty, certainely he looses not his Soveraigntie: if wee may doe what the Lawes of nature and men allow, wee must doe what the Lawes of God command; (that is) whosoever curse, we must blesse, & honour, and obey, and serve, and hazard goods, and venture Lives, and spend the last droppe of our dearest blood for the protection of our King, whom God hath set over us.

      Lastly, Excommunicatio Medicinalis est non Mortalis, Disciplinans, non Eradicans; the End is to cure, not to kill, to correct, not to destroy. Non enim perdendos sed corrigendos curandosque suscepimus; whatsoever authority the Church hath receaved, it is for edification, it is not for destruction. If wee refuse their Society, it is that they may be ashamed: if we be forced to deliver them to Satan, it is that they may be saved in the day of the Lord Jesus. The weapons of our warfare are not carnall,

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