partially of privileges, offenders against the rules or interests of the community. The Jewish rabbis of old accordingly exercised this power in several degrees. And, from the beginning, the Christian Church inflicted excommunication of various degrees on offenders. This was recognised by our Lord,2 and in many passages of the Epistles.3 When, after the conversion of Constantine, the authority of the bishops was recognised by the State, a sentence of excommunication became a serious matter in a civil point of view. In course of time it drew with it civil disabilities, while the relaxation of discipline which pervaded the administration of the Church blunted its effect as a check upon immorality. Further, when the power of the Popes assumed strength, their excommunication became a formidable weapon in dealing even with princes. But it lost its efficacy by excessive abuse; and the excommunications of Luther, of Henry VIII. and of Elizabeth, were effectual only in the recoil of the weapon. The Roman law of excommunication may be seen in any treatise on the Canon Law, and will be found to legalise and require the religious tyranny and persecution of the Middle Ages. The Council of Trent speaks in guarded language on this point in its closing decree, but sufficiently indicates its demand for the exercise of the power of the State to persecute. By the Canons of the Church of England (A.D. 1603) impugners of the king's supremacy, or of the doctrine and ceremonial of the Church, and all schismatics, are declared to be excommunicate. The same sentence is pronounced upon various offenders against sundry regulations, and also upon those guilty of grave immorality. By the common law of England the civil courts formerly enforced penalties on the excommunicated. The progress of legal reform since the Reformation gradually diminished this exercise of the civil power; and it has been entirely removed See any Biblical Dictionary, under the word Anathema. 2 Matt. xviii. 15-18. 3 As 1 Cor. v. 3–5, &c. by modern legislation, excepting so far as it may be in vindication of the proper discipline and jurisdiction of ecclesiastical courts over ecclesiastics. Excommunication can only be pronounced by a lawful ecclesiastical judge, sitting in open court, and after a due hearing of the cause. The expression 'ipso facto excommunicated,' in several of the Canons, implies no more than that if the person in question be ultimately sentenced, the excommunication will be retrospective and date back from the commission of the offence. But it does not empower anyone to deal with the supposed offender as an excommunicated person on his own private judgment. Nothing but a formal and legal sentence of excommunication can justify such a treatment. This is important, as bearing on the Rubrics in the Burial and Communion Services. In the present state of the law it is doubtful how far an ecclesiastical court can pronounce sentence on a lay person in any case whatever. ARTICLE XXXIV. This article has been commented upon in combination with Article XX. See page 168. Of Homilies. ARTICLE XXXV. The second Book of Homilies, the several titles whereof we have joined under this Article, doth contain a godly and wholesome Doctrine, and necessary for these times, as doth the former Book of Homilies, which were set forth in the time of Edward the Sixth; and therefore we judge them to be read in Churches by the Ministers, diligently and distinctly, that they may be understanded of the people. Of the Names of the Homilies. 1. Of the right use of the Church. 2. Against peril of Idolatry. 8. Of repairing and keeping clean of Churches. 4. Of good Works; first, of Fasting. 5. Against Gluttony and Drunk enness. 6. Against Excess of Apparel. 7. Of Prayer. 8. Of the Place and Time of Prayer. 9. That common Prayers and Sacraments ought to be ministered in a known Tongue. 10. Of the reverent estimation of God's Word. 11. Of Alms-doing. De Homiliis. Tomus secundus Homiliarum, quarum singulos titulos huic Articulo subjunximus, continet piam et salutarem doctrinam, et his temporibus necessariam, non minus quam prior Tomus Homiliarum, quæ editæ sunt tempore Edwardi sexti: Itaque eas in Ecclesiis per ministros diligenter, et clare, ut a populo intelligi possint, recitandas esse judicavimus. 'De nominibus Homiliarum. Of the right Use of the Church. Of good Works; first, of Fasting. Against Gluttony and Drunken ness. Against Excess of Apparel. Of the Place and Time of Prayer. That common Prayers and Sacraments ought to be ministered in a known Tongue. Of the reverent estimation of God's Word. Of Alms-doing. Of the Nativity of Christ. |