that is of great use and consideration, and that is,-That when a law is made, that whoever shall commit such a fact, shall be ipso facto' excommunicate,-it must never be understood of the greater and proper excommunication; for if it be, it is unlawful and it is ridiculous. For the abscission from the church is not to be used but after all other remedies: when the crime is delated or notorious, and the person called, when he hath been admonished and reproved, and called to repentance, if after all he refuses and rebels, then he is to be cut off, else not: and therefore no man is 'ipso facto cut off. The offence alone deserves it just as it deserves damnation but because God is pleased graciously to call a sinner to repentance, and cuts him not off, till he hath refused his gentleness and forbearance, the church must do so too, following the economy of God; for if the church kills on earth, and God saves in heaven, it is clear she hath not rightly used her power, and therefore, must not kill at the first dash.

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12. If therefore it be inquired, whether all such sentences in law, which declare a man to be, in certain cases, ipso facto' excommunicate, be unlawful,' the archbishop of Spalato, who is fierce against them, answers affirmatively and confidently, and disputes well against them: but his reasons are overvalued by him, and are not demonstrative; for they all rely upon this proposition,-That no man can be tied to be executioner of any sentence against himself; which I have proved to be false P. What then do such sentences effect more than others which are comminatory, and threaten the sentence only to be inflicted by the judge if the crime be delated and proved? Gerson, saith he, learned thus to answer from his master," That the judge in such cases, when the fact is proved or confessed, may pass to sentence without any further judicial process; which in other cases he cannot do."-But Gerson and his master would fain have been at a new thing, but they could not hit it right. For whether any such thing was effected or no, or whether any more was intended, is not a matter of conscience; for this whole proceeding is not the ministry of the keys, but wholly a human invention, done with great reason, and is of prudent conduct, and warranted by precedents in Scripture and since in those places, where many such laws are made and used it is certain

Lib. 5. de Rep. Eccles. cap. 9. n. 23, 24.

P Chap. 2. rule 2.

that the lawgivers intend more, and more is practised, it is not true what Gerson's master told him,-that these laws produced nothing but a power to the judge to proceed summarily. And therefore, he neither answered right in the point of law, nor in the case of conscience; and yet he said well, that such sentences of excommunication do not oblige others to abstain from the society of the excommunicate. It is true, but not for his, or for the reasons of the learned archbishop of Spalato; but for this reason,-because these sentences do not intend to involve the offender in the greater excommunication, which is not to be inflicted but upon him, that hath sinned grievously, and, after admonition, refuses to amend. For if the greater excommunication were intended, the laws were unlawful, and the sentence unjust. For a crime in manners is like an error in faith: this, without pertinacy, is not heresy, -and that, without contumacy, does not deserve excommunication. But what then?

13. Therefore all those laws, which inflict the sentence of excommunication ipso facto,' are to be understood of the lesser excommunication, and they mean thus much only,That the church declares, that all such criminals are obliged to confess their sin, to abstain from the communion till they have truly repented, to submit themselves to the judgment of their spiritual guide, to receive discipline at his hand, and manners of emendation; and in this sense the laws are pious and reasonable, useful and of great effect: but how much the conscience of the criminal is by them obliged, is a secret of which we know nothing; but this we know, that where such laws are used and understood, without such submission and amends, a man that desires to be good, can have no peace of conscience.

14. The like is to be said of those ancient canons of councils, which, for light causes, impose and decree the sentence of excommunication. Thus the fourth council of Carthage 9 decrees him to be excommunicate, "qui, sacerdote verbum faciente in ecclesia, egressus de auditorio fuerit," "who shall go out of the church before the sermon be ended.”—Very many of the same nature might be produced, but they all mean the same thing: that he that is delinquent in the instance, when he is delated and convict, shall be separate

Cap. 24.

awhile from the communion (for that was the discipline of those times), and thrust into the place of public penitents.

RULE X.

It is not lawful to communicate with those whom the Church hath, by a just Sentence, excommunicated.

I. THAT is, all prohibited communion is unlawful: as if they be driven only from holy offices, then we must not admit such persons to our assemblies; if a civil intercourse be prohibited, that the criminal by shame might be brought to repentance, then that also must be denied him: for if he be bound by the censure of the church, then we also, who are the relatives of that coercion, are tied to do our duty to the church.

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2. To which purpose there is an excellent discourse in St. Cyprian: "Wherefore (saith he) although there be some of our colleagues that think it fit to neglect the divine discipline, and do rashly communicate with Basilides and Martialis, this thing ought not to disturb our faith; since the Holy Ghost in the Psalms threatens such persons, saying, Thou hast hated discipline and cast my words behind thee: if thou sawest a thief, thou didst go with him, and wert partaker with the adulterers.' He shows that they were consorts and partakers of other men's sins, who were joined with the delinquents. But this thing also the apostle Paul writes, saying, They are whisperers, backbiters, haters of God, who knowing the judgment of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them. For (saith he) they that do such things, are worthy of death.' He manifests and proves that they are worthy of death and shall come to punishment, not only that do evil, but they who consent to them that do evil; who whilst by an unlawful communication they are mingled with evil sinners, and that will not repent, are polluted with the contract of the guilty, and because they are joined in crimes, they are not separated in punishment."

Lib. 1. cp. 4.

$ Rom. i. 29-31.

3. The church having so good warrant from Scripture proceeded to add ecclesiastical penalties to those that would not verify her sentences of just excommunications. For when some had got a trick to meet in houses and pray in conventicles, because they were forbidden, or did voluntarily refuse, to enter into churches,-the council of Antiocht took notice of it, and forbade all such communions and assemblies and intercourses under the pain of excommunication. But this was decreed by the canons" commonly called Apostolical, "Si quis cum excommunicato saltem in domo simul oraverit, iste communione privetur," " He that prays with an excommunicate person, so much as privately in a house, let him be deprived of the communion."-The same we find often in the ancient epistles of the popes; in the second and in the fourth y council of Carthage, in the first council of Toledo, and in the synod at Auxerre in France, in the first council of Bracarab, in the council of Touraine, and the council of Vernet d.

a

X

4. But this is to be understood with one caution, and to be reduced to practice by another. (1.) Although the church excommunicates them, that communicate with excommunicates, yet it is always to be understood, that the partners are only smitten with a lesser excommunication, and obliged only externally, not internally. For there may be many cases very favorable, in which an innocent person may innocently communicate with a heathen and a publican: and therefore, in such cases, in which a man does not take part against, or, directly or by intention, despise the church, or give countenance, strength, or increment to the sin of the excommunicate, but with simplicity pursues other lawful purposes, and designs nothing of these, he is only tied to give satisfaction to the church: but is not guilty before God. For the places of Scripture, quoted by St. Cyprian above mentioned, are only spoken of such persons, who, by their society approve, and in their hearts do consent to, such crimes. But every man that goes along with them in their journey, or in their merchandise, does not go along with them in their crime; and yet if they be forbidden to go along

the road with them, and yet will do it, they may justly be presumed to go along in their consent and approbation: and therefore the church does well to forbid such to come to her communions, till she be satisfied, that is, till the contrary does appear, or amends be made. But because, in many cases, the contrary can be made to appear, and in more cases, the contrary is true, whether it can be made to appear or no, therefore, in such cases, it must be understood, that the companion of the excommunicate is only bound in the face of the church by such censures, and not in the court of heaven. And to this accords that of St. Leo; "Certainly when any such cause does happen, that, for the heinousness of some crime committed, any one is justly deprived of the communion, he alone ought to be punished, who is involved in the guilt:nec particeps debet esse supplicii, qui consors non docetur fuisse commissi,' neither is he to partake of the punishment, that was not a consort of the fact."

5. (2.) This rule is to be reduced to practice, with this caution, that the church intends not to forbid any such intercourse or communion, to which we stand pre-obliged by the law of nature, or any law of God, or of the civil supreme power, from which the church cannot absolve us. The sentence of excommunication does not enjoin a son not to help his aged father, nor the physician to give him physic in his sickness, nor the tenants to pay their rent, and talk with their landlord about his and their necessities, nor the feudatory to pay homage to his lord: to prohibit natural or civil duties, the ecclesiastical power hath nothing to do. If the civil power hath forbidden a civil duty, he may, and then the subject is civilly bound in all things but where God hath commanded a duty. For even the king cannot command a wife not to pay her duty to her husband, nor a child to his mother. To these they are bound by God, though they die for it; and if the prince be angry, yet God is well pleased.

6. For although the supreme power can forbid even an action, that is of itself good and pious, and we are in the proper circumstances bound to obey him, and in this case also obedience is better than sacrifice; yet when the piety is necessary, and not under choice and counsel, but under a com