EXC
[3*1]
EXC
Chriflians; difables him from defendirtg his Rights, bringing an Aftion at Law, (Sic. The fccond, or leffcr, only excludes from the Communion of the Lord's Supper.
The greater Excommunication, call'd alio ah homing, is when a Prelate, or his Deputy, Excommunicates any Man perfonally, and interdicts him all Society with the Faithful, all Ufe of Sacraments, iSc.
The leffer Excommunication is incurr'd plena jure, by having any Communication with a Perfon Excommuni- cated in the greater Excommunication. And this too imports a Privation of Communion, but not an Interdiction from entering the Church, nor having Commerce with the Faithful.
Anciently, the Excommunicated were obliged to procure Abfolution from their Bifhop, and make Satisfaction to the Church in forty Days Time; othcrwife they _ were compell'd to it by the fecular Judge, by a Seizure ot their Effects, Imprifonment of their Perfons, c?c. In France they were allow'd a whole Year.
By an Edifl of S.Louis, in the Tear 1:28. Vaffals, Te- nants, £$c. were diipenfed, or freed from the Oath of Fidelity, Homage, SSc. they had taken to their Lords, or Superiours, till they had made their Submiffion.
In Spain, to this Day, a Perfon who is not abfolved from his Excommunication in a Year's Time, is deem'd a Heretic. SccHeretic.
There was a Time, when the People were fully con- vinced, that the Bodies of Excommunicated Perfons, unlefs they were firfl. abfolved, could not rot, but re- main'd entire for feveral Ages, a horrible Spectacle to Poflerity; as is attefted by Matthew Paris, and other Writers. And the Greeks are flill of the Opinion ; and affirm, they have infinite Proofs thereof; as is (hewn by 'Du Cange, from the Teftimony of a vaft Number of Authors.
By the Laws, an Excommunicated Perfon was not to be buried, but the Body flung into a Pit, or cover'd with a Heap of Stones; which was call'd imblocare corpus.
In the ancient Church, there were divers Degrees of Ex- communication: In Effect, Excommunication aid not always import an Interdict ion of the Sacraments ; but fre- quently, a Separation, or Kind of Schifin between the ieveral Churches, or a Sufpcnfion of fpiritual Communica- tion between the Bifhops.
But, afterwards, the Occafions of Excommunications growing more frequent, they began to ufe it with lefs Cir- cumfpection and Refervednefs.
In the IX th Century, the Ecclefiatlicks were continually making Ufe of thefe fpiritual Weapons, to repel any Vio- lences, or Affronts, offer'd them ; and Time and Famili- arity rendering them more and more obdurate, they pro- ceeded, by degrees, to Rigours unknown to Antiquity ; as the Excommunicating of whole Families, or Provinces ; the prohibiting the Exercife of all Religion therein ; and even accompanying the Excommunications with horrible Ceremo- nies, and direful Imprecations.
In the Xth and XIri> Centuries, the Severity againfl the Excommunicated was carried to its Pitch : No body might come near them, not even their own Wives, Chil- dren, or Servants: They forfeited all their natural and leoal' Rights and Privileges; and were excluded from all Kind of Offices. Thus was an Excommunicated King, reduced to the Condition of a private Man.
By thus flretching the Power of the Church to Extra- vagance, they render'd it contemptible. Gregory VII. tem- per'd it a little; exempting the Wives and Children ot Excommunicated Perfons, from Excommunication ; and allowing them to converfe with them.
To render the Excommunicated flill more odious, the Prieft was obliged to flop, and break off divine Service, if an Excommunicated Perfon enter'd the Church. No- thing of which Averfion is any where difcover'd in- the Primitive Church. -
At prefent we have but little of the Terror orRefpect of our Fore-fathers, for Excommunication ; and 'tis even judg'd, and proclaim'd an Abufe, whenever impertinently employ'd.
Thus, the Official of Thouloufe having Excommuni- cated the Officers of the SenechauJJee of Tholoufe, on Occafion of their refilling to deliver up a Prifoner ; the Official was condemn'd to take off, and revoke the Ex- communication. 'Tis judg'd an Abufe to fulminate an Excommunication againfl a King, or Kingdom, or the Officers thereof, for any Thing relating to the Difcharge ot their Offices.
The Form of Excommunication in the Romijb Church, as related by Fevret, is to take lighted Torches, throw them on the Ground with Curfes and Anathema's, and trample them out under Foot to the ringing of the Bells,
— AuSoritate 'Dei patris omnipotentis (i filii, ST Spiri- tus Sancli, £? beats 1)ei Genetricis Maris, Omniumq; SanSorum, Excommunicamus, Anathematizamus, SS a ., limitibus San8<e Matris Ecclefis fequefiramus illos Malef adores, N. Confentaueos quoq; & participes £5 nifi refipuerint, 6? ad fatisfaSlionem venerint fie extinguetur lucerna eorum ante viventem in fcecula faculorum. Fiat; Amen: Amen: Amen: Ex Emendat. Leg. Will. Conqueft.
We have now none of this Folly; the Sentence is gravely read, and the Perfon remains Excommunicatei without further Ceremony.
'Peter of Shis affures us, that in England it was an- ciently the Practice, only to Excommunicate fuch as had kill'd an Ecclefiaftick ; whereas they were put to Death who had kill'd a Lay-man. — But the Reafon was, they held Excommunication a greater Punifhment than Death. We have Inllances of Biihops, who have pronounced formal Excommunications asainft Caterpillars, and other Infects, after a formal, Juridical Procei's againfl; them, wherein thofe Animals were allow'd an Advocate and Proctor, to defend their Caufe. See Exorcism.
Fevret relates divers Inllances of fuch Excommunica- tions, both againfl Rats and Mice, for infecting a Country; and other Animals. See the Form of thefe Excommunica- tions in that Author.
In the ancient Church there were two different Kinds of Excommunication in Ufe : The one call'd Medicinal, whereby Perfons convicted of a Crime by their own Con- fetfion, were removed from Communion : The other call'd Mortal, was fulminated againfl Rebels, who perfifled ob- flinately in their Errors and Impieties.
The Power of Excommunicating was lodg'd in the whole Church in general ; That is, the Biihops and Priefls had the Adminiitration thereof, by and with the Confent of the People; which was practifed even in St. Cyprians Time. But afterwards, they ceafed to confult the People about the Matter: The Bifhop and Clergy arrogated the whole Power to themfelves. Recourfe, however, might be had to a Synod of the Province, to judge of the Validity of an Excommunication.
It frequenrly happen'd, that Churches Excommunicated each other, that is, broke off" the Communication that was between them. In which Cafe, Du 'Pin obferves, it might be dubious, which of the two Parties was Excommunicated and cut off from the Body of the Church.
Excommunication was alfo in Ufe among the Jews ; who ufed to expel from their Synagogue, fuch as had committed any grievous Crime. See the Gofpel ac- cording to St. John, IX. 22. XII. 42- XVI. 2. And Jofepb. Antiq. Jud. L. IX. C. 22. and L. XVI. C. 2.
The Ejfeni, when Excommunicated, durft not fo much as receive Food at any Perfon's Hand, for Fear of violat- ing their Oath, but contented themfelves to live on Herbs ; infomuch that they frequently perifh'd, and dy'd for Want, See fofeph. de Se/lo, L.II. C. 12.
Good-join, in his Mofes and Aaron, difiinguiffies three Decrees, or Kinds of Excommunication among the Jeivs. The firft, he finds intimated in St. John, IX. 22.' The fecond in St. Paul, Epifl. 1. Cor.V. 5. And the third, iu the ifi Ep. to Corinth. XVI. 22.
The Rule of the 'Benediclins, gives the Name Excom- munication, to the being excluded from the Oratory, and the common Table of the Houfe, in our Inns of Court call'd Difcommouing. This was the Punifhment of fuch Monks as came too late.
Excommunication, or a being fecluded, or cut off from a Participation in the Myfleries of Religion, was alfo in Ufe under Paganifm.
Such as were thus Excommunicated, were forbid to afiill or attend at the Sacrifices, or to enter within the Temples; and were afterwards deliver'd over to the Demons and Furies of Hell, with certain Imprecations ; which was call'd among the Romans, 2)iris devovere.
The Druids among the ancient Sritains and Gauls, likewife, made Ufe of Excommunication againfl Rebels ; and interdicted the Communion of their Myfleries, to fuch as refufed to-acquiefce in their Judgments. See Druid. EXCOMMUNICATO Capiendo, a Writ direaed to the Sheriff, for the Apprehenfion of one who flandeth obfli- nately Excommunicated forty Days ; for fuch an one not feeking Abfolution, hath, or may have, his Contempt cer- tified into the Chancery; whence this Writ iffucs for lay- ing him up, without Bail, or Main-prize, until he conform himfelf. S;e Writ.
Excommunicato Deliberandi is a Writ to the Under- Sheriff, for the Delivery of an Excommunicate Person out of Prifon ; upon Certificate of the Ordinary, of his Conformity to the Ecckfiaftical Jurifdifhon.
Excommunicato Recipiendo, is a Writ whereby Per- fons Excommunicated, being for their Obflinacy committed to Prifon, and unlawfully deliver'd thence before they Eee * havs
