A Second True Defense of the Nonconformists, Treatise · Chapter 11
CHAP. XI. Whether the Excommunicating Church, or the Excommunicated for not Communicating when Excommunicated be guilty of Schiſm?
§. 1. THeir Canons excommunicate ipſo facto all that ſay Conformity is unlawful, and many ſuch like. 1. He ſaith [The excommunication is not againſt ſuch as modeſtly ſcruple the lawfulneſs of things impoſed; but thoſe who obſtinately affirm it.
Anſw. Reader, truſt neither him nor me, but read the words. Can. 3, 4, 5, 6. [Whoſoever ſhall affirm that the Church of England by Law eſtabliſhed under his Majeſty is not a true and an Apoſtolical Church,—let him be excommunicated ipſo facto.
Whoſoever ſhall affirm that the form of God's worſhip in the Church of England eſtabliſhed by the Law, and contained in the Book of Commonprayer—is a corrupt, ſuperſtitious, or unlawful worſhip of God, or containeth ANY THING in it that is repugnant to the Scriptures, let him be excommunicated ipſo facto, and not reſtored till, &c.
Whoſoever ſhall affirm that any of the 39 Articles, are in any part ſuperſtitious or erroneous, or ſuch as he may not with a good conſcience ſubſcribe unto, let him be excommunicated ipſo facto, and not reſtored till, &c.
Whoſoever ſhall affirm that the Rites and Ceremonies of the Church of England by Law eſtabliſhed are wicked, antichriſtian, or ſuperſtitious, OR ſuch as being commanded by lawful authority, men who are zealouſly and Godly affected may not with any good conſcience approve them, uſe them, OR as occaſion requireth ſubſcribe to them, let him be excommunicated ipſo facto, and not reſtored till he repent and publickly revoke ſuch his wicked errours.
Can. 7. Whoſoever ſhall hereafter affirm, that the Government of the Church of England under his Majeſty by Arch-Biſhops, Biſhops, Deans, Arch-Deacons, and THE REST THAT BEAR OFFICE IN the ſame, is antichriſtian, OR repugnant to the word of God, let him be excommunicate ipſo facto, &c.
Can. 8. Whoſoever ſhall affirm that the form and manner of making and conſecrating Biſhops, Prieſts or Deacons, containeth ANY THING in it that is repugnant to the word of God,—let them be excommunicate ipſo facto, &c.
Can. 11. Whoſoever ſhall affirm—that there are within this Realm, other Meetings, Aſſemblies, or Congregations of the Kings born ſubjects, than ſuch as by the Law of this Land are held and allowed, which may rightly challenge to themſelves the Name of true and lawful Churches, let him be excommunicate ipſo facto, &c.
And now if the Reader will no more believe the Doctor, it is not long of me. If all this be no more than to excommunicate them that [obſtinately affirm the Ceremonies Antichriſtian, impious, or ſuperſtitious,] underſtanding them is not poſſible.
§. 2. But I confeſs they excommunicate not men for ſecret thoughts: We thank them for nothing. It is but for telling their judgment. And Diſſenters may have many occaſions to tell it. The Kings Commiſſion once allowed ſome of us to tell it: The Demands, Accuſations, calumniating Books and Sermons, &c. may call many to it.
§. 3. He ſaith, All Excommunication ſuppoſeth precedent Admonition.
Anſw. 1. They ſhould do ſo: The worſe is yours becauſe it doth not ſo: It only alloweth admonition to repent for his reſtoration: which made M. Anton. Spalatenſis ſay ſo much againſt it.
2. If it did oblige you to admoniſh us, as you have done by your Books, you know that this changeth not our judgments: So that to be excommunicate before the admonition and after comes all to one. But indeed when the Law ipſo facto excommunicateth, the Law it ſelf is the admonition.
§. 4. He addeth [General excommunications though they be latae ſententiae, do not affect the particular perſons till the evidence be notorious, not only of the bare fact, but the contumacy.]
Anſw. Affecting is a word that ſignifieth what you pleaſe. Ipſo facto is [for and upon the fact proved, without any ſentence of a judge.] While the fact only is thus made the full cauſe, the contumacy need not be proved. It's true, 1. That the fact muſt be proved, 2. And then the Law is a ſentence and Relatively affecteth the perſon as ſentenced; 3. But no perſons elſe are obliged to avoid him, till the fact be lawfully publiſhed. But the man is excommunicate. And 4. Whether the man that knoweth the Law and his own Fact be not bound himſelf to avoid the Churches Communion, is a great Controverſie: And the plain truth is, If it be a juſt Excommunication, he is bound to forbear Communion in obedience to it: (As much as a ſilenced Miniſter is to forbear Preaching.) But if it be a ſentence unjuſt, and injuſtice be not ſo groſs as to nullifie it, ſtill he muſt forbear: But if it be ſo unjuſt as to be invalid, he may Communicate till he be executively rejected: (As one ſo unjuſtly ſilenced may preach, if he can: for the caſe is much like.)
The Reader would be diſpleaſed if I ſhould cite him many Caſuiſts in ſo plain a caſe.
2. But no man doubteth but the General ſentence of the Canon ſpeaketh the ſence of the Church, and doth all that Law-makers can do, before judgment: And the Law is norma officii & judicii, obliging Subject and Judge.
§. 5. It's true that Linwood ſaith, that a Declaratory ſentence, that is, A Declaration that ſuch a man is already ſentenced by the Law, is neceſſary to oblige any to the execution of it on others, or the perſon in foro externo. But ſtill the Church hath done her part in Legiſlation, to oblige as aforeſaid.
§. 6. He ſaith [Perſons excommunicate are to be denounced ſo every ſix months, that others may have notice of them.]
Anſw. 1. But are they not excommunicate then, before they are ſo oft denounced, yea or at all, as far as aforeſaid?
§. 7. He ſaith [I have fully anſwered my own Objection by ſaying, I am not bound to execute the ſentence on my ſelf.]
Anſw. 1. He would not ſay that he approveth the anſwer: For if he do, he confuteth himſelf, that would have us execute the ſilencing ſentence on our ſelves, and the ſentence againſt publick worſhip in any way but theirs.
2. My reaſon is, becauſe I take the unjuſt ſentence as invalid: elſe I were bound in foro interiore.
3. But ſure the Church at leaſt relaxeth that mans obligation to preſent Communion, by ſhewing her will, if ſhe did not oblige him to withdraw.
Read over the words of the Canon, and ſee whether they make them not as unintelligible and flexible to what ſenſe they pleaſe, as they do the words of the Act of Uniformity and Liturgy.
§. 8. As to his two caſes in which the excommunicate may be ſchiſmaticks for not communicating, 1. We queſtion not the firſt: Juſt excommunication excludeth none but the guilty. Here then indeed is the ſtate of our Controverſie. Had he proved that in all the caſes before cited, it is juſt to excommunicate us, he had done ſomewhat, when now for want of it he betrayeth his cauſe.
2. His 2d. is [If they form new Churches.]
Anſw. 1. Is forming new Churches and not communicating with the old ones all one? Our preſent queſtion is of the later. So that this great Accuſer ſeemeth plainly to abſolve all from being bound to Communicate with them, who are unjuſtly excommunicate, and gather not new Churches.
2. But may not the unjuſtly excommunicate that cannot on juſt terms be reſtored, worſhip God in ſome publick Church? Doth ſuch a wicked ſentence bind men to live like Atheiſts till death? or deprive them of their right to all God's Ordinances? even many Papiſt Doctors and Councils ſay the contrary. And how elſe do you juſtifie the Church of England againſt the Papiſts charge of Schiſm?
§. 9. p. 372. He ſtill ſeemeth to think, that [His own and others reaſonings may change all the truly honeſt Chriſtians in the Land to hold all the things impoſed lawful.]
Anſw. Theſe thoughts of the Biſhops in 1660. and 1661. have brought us all to the paſs that we are at; And if after 20 years ſo great experience of the inefficacy of all their Diſputes, yea and Priſons, and after the notice of the nature and different caſes of men, they ſtill truſt to bring us to Concord on theſe terms, diſputing with ſuch men is in vain; The Lord deliver us from them.