9. This caution Gersonm instances in pecuniary matters. For, saith he, not every contumacy against the orders of courts ecclesiastical is to be punished with this death. If it be in matters of faith or manners, then the case is competent; but when it is a question of money and fees, besides that the case is full of envy and reproach, apt for seandal and to bring contempt upon the church, the church hath no direct power in it; and if it have by the aid of the civil power, then for that a civil coercion must be used. It is certainly unlawful to excommunicate any man for not paying the fees of courts; for a contumacy there is an offence against the civil power, and he hath a sword of his own to avenge that. But excommunication is a sword to avenge the contumacy of them, who stubbornly offend against the discipline of the church, in that, wherein Christ hath given her authority, and that is, in the matters of salvation and damnation immediate, in such things where there is no secular interest, where there can be no dispute, where the offender does not sin by consequence and interpretation, but directly and without excuse. But let it be considered, how great a reproach it is to ecclesiastical discipline, if it be made to minister to the covetousness or to the needs of proctors and advocates; and if the church shall punish more cruelly than civil courts for equal offences: and because she hath but one thing to strike withal, if she, upon all occasions, smites with her sword, it will either kill too many, or hurt and affright none at all.

10. Spiritual censures must not be inflicted for temporal causes, in questions of right and secular concernment, for which the civil sword is sharp enough and proper. In the church of Rome, it hath been very usual to use excommunications for the discovery of thefts, or the manifestations of secret actions. Divers examples of which are in the decretals and later canons of the church; but not till the church had been extrémely corrupted both in doctrine and manners. But this advice is the same almost with the former, and relies upon the same reason. But who please to see more of it, may see it in Gerson ".

11. As a corollary to these advices, I am to add one thing, that is of great use and consideration, and that is,-That when a law is made, that whoever shall commit such a fact, shall be 'ipso facto' excommunicate, -it must never be understood of the greater and proper excommunication; for if it be, it is unlawful and it is ridiculous. For the abscission from the church is not to be used but after all other remedies: when the crime is delated or notorious, and the person called, when he hath been admonished and reproved, and called to repentance, if after all he refuses and rebels, then he is to be cut off, else not: and therefore no man is 'ipso facto' cut off. The offence alone deserves it just as it deserves damnation: but because God is pleased graciously to call a sinner to repentance, and cuts him not off, till he hath refused his gentleness and forbearance, the church must do so too, following the economy of God; for if the church kills on earth, and God saves in heaven, it is clear she hath not rightly used her power, and therefore, must not kill at the first dash.

12. If therefore it be inquired, 'whether all such sentences in law, which declare a man to be, in certain cases, 'ipso facto' excommunicate, be unlawful, the archbishop of Spalato, who is fierce against them, answers affirmatively and confidently, and disputes well against them: but his reasons are overvalued by him, and are not demonstrative; for they all rely upon this proposition, -That no man can be tied to be executioner of any sentence against himself; which I have proved to be false P. What then do such sentences effect more than others which are comminatory, and threaten the sentence only to be inflicted by the judge if the crime be delated and proved? Gerson, saith he, learned thus to answer from his master,-"That the judge, in such cases, when the fact is proved or confessed, may pass to sentence without any further judicial process; which in other cases he cannot do."-But Gerson and his master would fain have been at a new thing, but they could not hit it right. For whether any such thing was effected or no, or whether any more was intended, is not a matter of conscience; for this whole proceeding is not the ministry of the keys, but wholly a human invention, done with great reason, and is of prudent conduct, and warranted by precedents in Scripture: and since in those places, where many such laws are made and used it is certain • Lib. 5. de Rep. Eccles. cap. 9. n. 23, 24.

that the lawgivers intend more, and more is practised, it is not true what Gerson's master told him, that these laws produced nothing but a power to the judge to proceed summarily. And therefore, he neither answered right in the point of law, nor in the case of conscience; and yet he said well, that such sentences of excommunication do not oblige others to abstain from the society of the excommunicate. It is true, but not for his, or for the reasons of the learned archbishop of Spalato; but for this reason, because these sentences do not intend to involve the offender in the greater excommunication, which is not to be inflicted but upon him, that hath sinned grievously, and, after admonition, refuses to amend. For if the greater excommunication were intended, the laws were unlawful, and the sentence unjust. For a crime in manners is like an error in faith: this, without pertinacy, is not heresy, -and that, without contumacy, does not deserve excommunication. But what then?

13. Therefore all those laws, which inflict the sentence of excommunication 'ipso facto,' are to be understood of the lesser excommunication, and they mean thus much only,That the church declares, that all such criminals are obliged to confess their sin, to abstain from the communion till they have truly repented, to submit themselves to the judgment of their spiritual guide, to receive discipline at his hand, and manners of emendation; and in this sense the laws are pious and reasonable, useful and of great effect: but how much the conscience of the criminal is by them obliged, is a secret of which we know nothing; but this we know, that where such laws are used and understood, without such submission and amends, a man that desires to be good, can have no peace of conscience.

14. The like is to be said of those ancient canons of councils, which, for light causes, impose and decree the sentence of excommunication. Thus the fourth council of Carthage decrees him to be excommunicate, "qui, sacerdote verbum faciente in ecclesia, egressus de auditorio fuerit," " who shall go out of the church before the sermon be ended."-Very many of the same nature might be produced, but they all mean the same thing; that he that is delinquent in the instance, when he is delated and convict, shall be separate awhile from the communion (for that was the discipline of those times), and thrust into the place of public penitents.

It is not lawful to communicate with those, whom the Church hath, by a just Sentence, excommunicated.

1. THAT is, all prohibited communion is unlawful: as if they be driven only from holy offices, then we must not admit such persons to our assemblies; if a civil intercourse be prohibited, that the criminal by shame might be brought to repentance, then that also must be denied him: for if he be bound by the censure of the church, then we also, who are the relatives of that coercion, are tied to do our duty to the church.

2. To which purpose there is an excellent discourse in St. Cyprian: "Wherefore (saith he) although there be some of our colleagues that think it fit to neglect the divine discipline, and do rashly communicate with Basilides and Martialis, this thing ought not to disturb our faith; since the Holy Ghost in the Psalms threatens such persons, saying, 'Thou hast hated discipline and cast my words behind thee: if thou sawest a thief, thou didst go with him, and wert partaker with the adulterers.' Heshews that they were consorts and partakers of other men's sins, who were joined with the delinquents. But this thing also the apostle Pauls writes, saying, 'They are whisperers, backbiters, haters of God, who knowing the judgment of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them. For (saith he) they that do such things, are worthy of death.' He manifests and proves that they are worthy of death and shall come to punishment, not only that do evil, but they who consent to them that do evil; who whilst by an unlawful communication they are mingled with evil sinners, and that will not repent, are polluted with the contract of the guilty, and because they are joined in crimes, they are not separated in punishment."

3. The church having so good warrant from Scripture proceeded to add ecclesiastical penalties to those, that would not verify her sentences of just excommunications. For when some had got a trick to meet in houses and pray in conventicles, because they were forbidden, or did voluntarily refuse, to enter into churches, -the council of Antioch took notice of it, and forbade all such communions and assemblies and intercourses under the pain of excommunication. But this was decreed by the canons" commonly called Apostolical, "Si quis cum excommunicato saltem in domo simul oraverit, iste communione privetur," "He that prays with an excommunicate person, so much as privately in a house, let him be deprived of the communion." -The same we find often in the ancient epistles of the popes; in the second* and in the fourth council of Carthage, in the first council of Toledo", and in the synod at Auxerre in France, in the first council of Bracarab, in the council of Touraine, and the council of Vernetd.

4. But this is to be understood with one caution, and to be reduced to practice by another. (1.) Although the church excommunicates them, that communicate with excommunicates, yet it is always to be understood, that the partners are only smitten with a lesser excommunication, and obliged only externally, not internally. For there may be many cases very favourable, in which an innocent person may innocently communicate with a heathen and a publican: and therefore, in such cases, in which a man does not take part against, or, directly or by intention, despise the church, or give countenance, strength, or increment, to the sin of the excommunicate, but with simplicity pursues other lawful purposes, and designs nothing of these, he is only tied to give satisfaction to the church: but is not guilty before God. For the places of Scripture, quoted by St. Cyprian above mentioned, are only spoken of such persons, who, by their society, approve, and in their hearts do consent to, such crimes. But every man that goes along with them in their journey, or in their merchandise, does not go along with them in their crime; and yet if they be forbidden to go along