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A36083 A discourse concerning excommunication, as executed by officials, and concerning the common law writts, de excommunicato capiendo and de cautione admittenda, for the punishment of persons excommunicated and their deliverance from the punishment vvherin is examined whether the execution of the former as executed by many, be not a profanation of a great ordinance of God, whether by the second the subjects is many cases be not unwarrantably oppressed : as also by the difficult granting of the other, which is a common law writt, and the right of every subject to be obtained without difficulty : discoursed in a letter to an honourable friend / by one who is a friend to English liberty. One who is a friend to English liberty. 1680 (1680) Wing D1579; ESTC R6708 18,986 26

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A DISCOURSE Concerning EXCOMMUNICATION As Executed by Officials And concerning the Common Law Writts De Excommunicato capiendo and De Cautione admittenda For the punishment of persons Excommunicated and their Deliverance from the punishment VVherein is Examined Whether the Execution of the former as Executed by many be not a profanation of a great Ordinance of God Whether by the second the Subjects in many Cases be not unwarrantably oppressed As also by the difficult granting of the other which is a Common Law Writt and the right of every Subject to be obtained without difficulty Discoursed in a Letter to an Honourable Friend by one who is a Friend to the English Liberty Wrote before the Parliament which Sat from March 1678 to the end of May 1679 and now published Acts. 19. 15. Jesus I know and Paul I know but who are you Job 6. 25. How forcible are right words But what doth your arguing reprove Hujus Scilicet Papae potestatem huic cum divino munere sublatam esse manifestum est ne quid superesset quo non plane fractam illius vim esse constaret leges omn●s decreta atque instituta quae ab Authore Episcopo Romano profecta sunt prorsus abroganda censuimus Epist Hen. 8. praesixa libro cui Titulus Reformatio Legum Eccles impr Londini Anno 1641. London Printed for Tho. Parkhurst at the Bible and Three Crowns at the lower end of Cheap-side 1680. To his highly honoured Friend J. B. Esq Honoured Sir THE charitable design of this Paper is amongst the many oppressed which His Most Sacred Majesty in conjunction with His two Houses of Parliament hath made to go free to shew you one species of Prisoners whom no Parliament hath had leisure as yet to take notice of who beseech your Honours that you would also allow them to be Prisoners of hope being such as no Act of Habeas Corpus will relieve The Adversaries of the Non-conformists could not be satisfied that their Ministers were outed of their livings and many of them of their whole Subsistence for themselves Wives and Children and by another Act forbidden to reside in any place where they might expect a relief from the Charity of good People but many of them have been pursued to Excommunication upon the Statutes for not coming to their Parish Church though certainly they being Ministers of the Gospel were themselves obliged to Preach on Lords Days and being excommunicated they have had the old Common Law writ de excommunicato capiendo taken out and some of them upon it have been detained 3 4 7 Years nor at the end of that Term have their merciless Enemies been willing to let them out or let them take the advantage of the Law to come out and amongst the ordinary people not a few have been thus used to the ruine of many Families the exhausting great Sums of Money most injuriously from many persons and the prejudicing the Trade and Commerce of the Nation and all this by the abuse and prophanation of a great Ordinance of God that I mean of Excommunication using what was ordained of God for the purging of his Church from persons not fit for its holy communion meerly to serve their Lusts of malice and revenge and to keep worthy Patriots from being chosen Members to represent their Countreys in your Honourable Assemblies among many instances of which nature you had one the last Parliament at Berwick in the case of Mr Rushworth and you have one yet more notorious this Parliament in Leicestershire as if their Excommunications disseised men of their Freehold or which indeed looks more likely the Subjects subjection to their Courts brought them into the Notion of Bond-men A practice which if not timely by your Honours taken notice of and restrained will give the Monoply of suffrages into the hands of Registers Officials and Proctors This Sir certainly will give our Honourable Senators just cause to inquire 1. Whether Excommunication as now practised by Officials in Ecclesiastical Courts be not an horrid profanation of a great Ordinance of God and fit to be reflected on by our Governours 2. Whether the imprisonment of persons Excommunicated by vertue of the writ de excommunicato capiendo be not as practised a great oppression of the Subject and worthy of a Parliamentary consideration and relief 3. Whether the writt de cautione admittenda being the only relief provided by Law for persons so imprisoned hath its just and free course The Honour and Glory of God being the first and principal concern as well of great Councels as of particular persons the first of these questions deserveth and challengeth the preference in disquisitions of this nature Whatever be the Judgment of some Forreign Divines and whatever hath been said by Erastus or others to the contrary It is manifest That our Church looketh upon Excommunication as an Ordinance and institution of Christ for the keeping of the Church pure and unspotted as the Spouse of Christ should be and this appeareth as from other evidence so from the very form of Sentences at this day usual in the Ecclesiastical Courts which they usually begin In Dei nomine in the Name of God and they tell us they proceed to such sentences Christi nomine prius invocato having first called upon the Name of Christ ac ipsum solum Deum praeponentes setting God alone before them Our Articles 1552 tell us That excommunicate persons are to be avoided as being rightly cut off from the unity of the Church and ought to be taken of the whole multitude of the faithful as Heathens and Publicans Which Article is also verbatim in those 1562 and manifestly allude to that Text of our Saviour Matth. 18. 17. generally judged to be the Institution of this Ordinance under the Gospel Nor can any thing be clearer then the declared Judgment of Arch-Bishop Cranmer Bishop Goodrick Dr. Cox Dr. Peter Martyr Dr. May Dr. Taylor Mr. Lucas and Mr. Goodrick who were the 8 Persons part of 32 afterward intended who according to Three Acts of Parliament made in the case were appointed by the Letters Patents of Edward the 6th Dat. Nov. 11. in the Fifth Year of His Reign and authorised to revise the Canon Law and out of it to draw up a body of Canon Law which should alone be used in England who did meet and draw up such a body though King Edward lived not to confirm what they had done by His Royal Sanction as may be seen by a Book called Reformatio Legum Ecclesiasticarum printed 1670 and reprinted 1641. These great Divines tell us in their Chapter about Excommunication That it is a Power and Authority derived from God to his Church c. and Chap. 2. That the Church receiveth these keys from Christ To multiply words in this cause were vain for none that ever owned Excommunication owned it in any other notion then as an Institution of Christ's And there is no pretence for any to seclude men