Boultbee on Article XXXIII: Of Excommunicate Persons, how they are to be avoided

The Latin eqxuvalait for * rightly cut off,’ is * rite praecisus,* for it does not suffice that the excommunication be right in point of the offender’s deserts, but it must be in due order as respects the manner of the action of the Church. And one of the essentials in this is defined by the Article to be publicityy * open denunciation,’ or ^ puhlicam denundationem.’ Penance — Latin, pcmitentiam. Heathen — ^Latin, ethnicus, or Gentile : * a stranger to the conmionwcalth of IsraeL’

This was one of King Edward’s Articles, and no special souice is indicated for its style and language.

Observations on Article XXXTTT.

If is manifestly a power inherent in any community, civil or religious, to exclude from their body, or to deprive wholly or

EXCOiVIMUNICATION. 27 7

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 Giurch inflicted excommunication of various degrees on offenders. This was recognised by our Lord,* and in many passages of the Epistles.^

When, after the conversion of Constantino, the authority of the bishops was recognised by the State, a sentence of ex- communication 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 ad- ministration of the Church blunted its effect as a check upon immorality.

Further, when the power of the Popes assumed strength, their excommimication 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 excommimication 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) im- pugners of the king’s supremacy, or of the doctrine and ceremonial of the Church, and all schismatics, are declared to be excommimicate. The same sentence is pronounced upon various offenders against sundry regulations, and also upon those guUty 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 Eeformation gradually diminished this exercise of the civil power ; and it has been entirely removed

’ See any Bibh’cal Dictionary, tinder the word Anathema. « Matt, xviii. 15-18. • As 1 Cor. v. 3-6, Ac.

278 ABTICLE XXSm.

by modem legislatioD, excepting bo &r as it may be in vindi- cation of the proper discipline and jurisdiction of ecclesiastical donrts over ecclesiastics.

Exconmiunication can only be pronoimced by a lawful ecclesiastical judge, sitting in open court, and after a due hearing of the cause. The expression ^ipso fotcto excommuni” caitd^ in several of the Canons, implies no more than that if the person in question be xdtimately sentenced, the exconmm- nication will be retroflpective and date back from the com- mission 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 andI^al 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 &r an ecclesiastical court can pronounce sentence on a lay person in any case whatever.

This article has been commented upon in combination with Article XX. See page 168.

Part V.

35. OF THE HOMILIES.

36. OF THE ENGLISH ORDINAL.

37. OF CIVIL MAGISTRATES.