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auroy us OVK a*0yvra, TIV QetxTiiaietv v-re>a.\uv !', Hatreii (sTsrsv) au iroffuri^a fit
rfarofiitai xaxuf *si7rt fftZs , Plut.de Ira Co/itb. Xylaud. torn. ii. p. 457. (J. R. P.)



602 OF THE POWER OF THE CHURCH

he adds, as the full, express, and proper issue of that power,
" We pray you, in Christ's stead, to be reconciled to God."

16. The old prophets took liberty, and were bold in their
reproofs, and troubled kings ; and the people sometimes
were stirred too much upon such accounts : but when
the prophets were charged with sedition, they only gave in
answer the express commandment of God. And therefore
it was that Amos, being very bold, was bidden not to " pro-
phesy any more at Bethel, because it was the king's chapel
and the king's court :" and he was forced to plead a special
mission ; which the priests had not, and therefore we do not
find that ever they used any such license and freedom of
reproof, except in such cases in which they also became pro-
phets ; as it happened to Jehoiada : p and that is the very case
of the ministers of the Gospel, who, unless they had a special
commission, must teach according to the duty and obedi-
ence, the gentleness and prudence, of the religion ; lest it be
said to them, as was said by King Amaziah q to a bold man
that spake openly to him, " Have they made thee the king's
counsellor? cease thou, why should they smite thee?"

17. Now in this there can be the less doubt, for they mis-
take it that suppose this to be a question of duty ; it is only
an inquiry after the manner of doing the duty : and there-
fore, although, for the former reasons, this manner of doing
their duty is not fit, yet it is necessary that the duty should be
done. For " miser est imperator cui vera reticentur." No
misery is greater than that kings shall not be taught their
duty. They must be taught it all : and in this no liberty, if
it be prudently conducted , can become licentious. To which
purpose, the bishops and ministers of religion must thus
comport themselves to kings.

18. (1.) Let the public doctrines be instructive, but not
apt to raise suspicion of the prince. (2.) Let it be in things
certain, and of evident and apparent duty. (3.) Let no doc-
trines be fitted to private interests and partialities in the state.
(4.) Let no reproof of kings be in pulpits, for it is uncivil to-
wards any, "utquis crimen audiateo loco quo refellendi copia
non sit," as the Roman said ; r that a man should be reproved
in that place where, for reverence and religion's sake, the man

Amos, Tii. 10, 13. P 2 Chron. ixiv. tO.

1 * Chron. xir. 16. r De Maledic. c. i.



IN CANONS AND CENSURES. 603

may not answer for himself. And therefore Clement III.
caused a clergyman to be punished, because " multis coram
astantibus, verba qusedam in depressionern officii et bene-
ficii nostri protulit, he spoke words in a public audience
tending to his disparagement :" and the Emperors 5 Theodo-
sius, Arcadius, and Honorius, made a law, " Si quis modes-
tiae nescius, et pudoris ignarus, improbo petulantique male-
dicto nomina nostra crediderit lacessenda," &c. ; "that if
any man, forgetting shame and modesty, thought fit to dis-
honour the emperors, he should not presently be punished :
for if the man were a fool or a light person, the thing was to
be despised; if he were a madman, he was to be pitied; if
injurious or angry, he might be forgiven ; " but " ad nostram
scientiam referatur, ut ex personis hominum dicta pensemus,
et utrum prsetermitti an exquiri debeant censeamus : " the
princes would have it referred to their cognizance and
judgment, whether such persons should be punished or no.
(5.) Let there be no doubtful speeches in public sermons scat-
tered amongst the people concerning princes, for they are
public seditions, not sermons. (6.) When it is necessary, or
when it is prudent, that private addresses to princes be with
a sacerdotal freedom, let it be in cases of great crimes, and
evidently proved and evidently vicious, neither derived from
uncertain rumours of the people, nor from trifling suspicions,
nor yet be in matters of secret concernment and undiscerned
reason. A prince may be reproved for notorious adultery, or
evident murder against the forms of law ; but not so freely in
the question of wars or judicature : for the bishop's private
opinion may be warrant enough for him to speak it when he
is required, but not to reprove a prince upon pretence of
duty, and by a spiritual authority, when the matter of fact
or the question of right is uncertain.



RULE VIII.

Ecclesiastical Censures are to be inflicted by the Consent and
Concurrence of the supreme civil Power.

1. BY ecclesiastical censures I mean, the greater and lesser
excommunication. This is a separation of a criminal (who is
Tit. C. Si quis Imper. Maled.



604 OF THE POWER OF THE CHURCH

delated and convict by witnesses, or by confession voluntary)
from the peace and communion of the Church, till he hath,
by exterior signs, signified his internal repentance : this is
called the lesser excommunication. The greater is only of
refractory and desperate persons, who will be subject to no
discipline, make no amends, return to no goodness, and for-
sake no sin. These the Church throws out from her bosom,
and shakes the fire from her lap, and quits herself of the
plague : and this is called the greater excommunication, or
the anathema. Both these are bound by the ecclesiastical
power : but the first is bound, that he may be purged of his
sins ; the second, that the Church may be purged of him.
The first is bound, as a man is tied fast that he may be cut
of the stone ; the other is bound as a criminal that is going
to execution : he is bound, that he maybe thrown into outer
darkness. Not that the Church hath power to damn any
man ; but when she observes a man confirmed in impiety,
she does antedate the Divine judgment, and secures the
sound members, and tells what will befal him in the day of
judgment. In the first case, the penitent is like a wandering
sheep; in the second, he is turned a goat or a wolf; and
by their own acts also, as well as by the power of the keys,
they are both bound : the first consents to the medicine, and
the reprobate hath, by his own act, incurred that death
which the Church declares ; and both are acts of discipline,
and directly or indirectly consequent to that power, which
Christ hath given to his Church, of binding and loosing, and
to the charge of the conduct of souls.

2. These two are, by the fifth Roman synod under Sym-
machus, distinguished by the names of ' excommunication '
(meaning the lesser) and ' anathema.' " He that breaks the
decrees of this synod, let him be deprived of the communion :
but if he will not amend, * anathemate feriatur,' let him be
anathema." The same we find in the synod of Turon, a
which commands that all the curses of the 108th (alias 109th)
psalm, be cast upon church-robbers, "ut non solum excom-
municati, sed etiam anathematizati moriantur; that they
may die not only excommunicate, but anathematized."
"They which are never to be restored to the communion,
but are to be accursed ;" so Agapetus expresses it in his
sixth epistle. This is called 'eradication;' while the lesser

Cap. xxr.



IN CANONS AND CENSURES. 605

excommunicates are still members of the Church, as St.
Austin notes. b

3. There is yet a third sort of excommunication, brought
in by zeal and partiality, a willingness to rule or to prevail ;
which is no part of the power given by Christ, but taken up
as it happened ; it is no part of jurisdiction so much as impro-
per, not an act of the power of the keys : and that is a refus-
ing to communicate with him who is not excommunicate, a
punishing one whom we have no power to punish, a doing
that which we have no power to do at all, or to such a per-
son over whom confessedly we have no authority or jurisdic-
tion. For when this humour was got into the manners and
customs of the Church, they made a new distinction ; and
there was a ' communio cum fratribus,' and a * communio cum
omnibus Christianis.' He that might communicate with the
people, might not, in some cases, communicate with the
priests and bishops his brethren. The distinction we find
in the forty-fifth chapter of the Council of Auxerre ; and in
pursuance of it, we find one bishop refusing to communicate
with another. Thus if a bishop came not to the synod of his
province, it was decreed in the fifth Council of Carthage/
" ut ecclesise suae communione debeat esse contentus,
that he should only communicate with his own diocess."
The like to which we find in the second Council of Arles, d
in the Council of Tarracon," and the Council of Agatho/
Thus Epiphanius, bishop and metropolitan of Cyrus, refused
to communicate with the bishop of Jerusalem, who was not
his suffragan. 5

4. Concerning which way of proceeding : 1 . It is evident
that there is no authority in it, or any thing that is like to
jurisdiction ; and, 2. Sometimes there may be duty, but,
3. Most commonly there is danger. (1.) There is evidently no
authority : for if the authority were competent, and the cause
just, they might proceed to excommunication. But this was
sometimes done by equals to equals, as by bishop to bishop,
by church to church, as by Victor to the churches of Asia,
by Stephen to the churches of Africa, and by angry or zeal-
ous bishops to them that were not of their humour or

b Horn. 1. in Psal. ci. c Can. i. d Can. xix.

Can. vi. ' Cap. xxxr.

h Vide distinct, xriii.c. Placuit. &c. Si quisautem, et c. Si quis Episcopus.



606 OF THE POWER OF THE CHURCH

opinion. Sometimes it was done by inferiors to their supe-
rior, the people withdrawing themselves from their pastor :
so the Samosatenians refused to communicate with their
bishop, that was thrust upon them after the expulsion of
Eusebius. So that evidently, in this matter, there is no
authority to verify it.

5. (2.) Sometimes there may be duty : as, if a bishop be
a heretic or an open vicious person, his brother that is a
bishop, may use that liberty to him, as the people might do
to a brother that walks disorderly ; that is, withdraw from
his society, that he may be ashamed : and if his communi-
cating with him will give countenance to his heresy, or offence
to his people, he is bound then to abstain and to refuse it :
and so are the people tied not to communicate with their
priest or bishop, if the condition of his communion be a sin,
or the countenancing of a sin. And thus we find in the
annals of Spain, that the daughter of an Arian king of Spain
suffered death rather than receive the communion from the
hands of an Arian bishop. In her case her refusal was
duty, and her suffering was martyrdom ; because her father
imposed his command of communicating with the heretical
bishop as a secret allowance of the heresy, which, in that
case, she was to refuse, and obey God unto the death.

6. But when this does accidentally become a matter of
duty, the charity of our communion is no further to be re-
fused than we are obliged by our duty ; we are not to refuse
it to that person, but for that cause ; and therefore, in other
cases, and upon all other accounts, we are tied to do the
charity of Christians. I will not communicate with a Roman
priest in his worship of images, or in his manner of praying
for the dead, or invocation of saints; but I may not refuse
to say the Lord's prayer and the ' Credo ' with him, unless,
by chance, it give an offence to some weak uninstructed
person. I will not receive the communion from the hands
of him who was ordained by a presbytery without a bishop ;
because his hand is a dead hand, and reaches me nothing :
but because he is my brother, I will not refuse to give him
the communion, if he will require it at my hand, which was
made sacred by the Holy Ghost, invocated by the prayer and
the lifting up of the bishop's hand. I will not come to their
communions ; but if they would use good forms of liturgy,



IN CANONS AND CENSURES. 607

and preach well, I would not refuse to communicate in such
assemblies: unless, as. I said before, I be accidentally hin-
dered by some other duty drawing me off awhile.

7. But, then, (3.) When it is not an express and a clear
duty, it is always a great danger, an occasion of schisms and
divisions in the Church, and consequently may be an infinite
breach of duty, a certain violation of one virtue, for the un-
certain preservation of another : it is commonly the daughter
of spiritual pride, an accounting of ourselves more holy than
our brethren, whom, by such means, we oftentimes provoke
to jealousies and indignation ; and so sometimes altars are
erected against altars, and pulpits turn to cockpits, and
seats of scorners and of proud and illiterate declamations.
Upon this account Christendom hath bled for many ages.
The division of the East from the Western Churches, and,
in the West, the division of Rome from divers churches, the
protestants and reformed, came in at this door ; while one
church either pretends the singularity of truth, or the emi-
nence of authority over other churches : by which two things
the Church of Rome hath been author of the permanent and
greatest schisms of Christendom. For, indeed, little better
can be expected, when the keys of the Church, which were
given for the letting in or shutting out of single criminals or
penitents respectively, are used to oppose multitudes. A
man may lock his chamber-door, but he cannot put a lock
upon the ocean : and it was wisely said of St. Austin, 11 that " to
excommunicate a single person cannot make a schism, unless
the multitude favour him :" intimating, that a multitude is a
dangerous thing to be involved in censures. * The king nor
the people are not to be excommunicated,' is an old rule.
For if the whole multitude be excommunicate, with whom
shall we communicate ? If great parts of them be, they plainly
make a schism, if they unwillingly suffer the censure : and
therefore that one church should do this to another is very
hardly possible to be done with wisdom, or charity, or neces-
sity. For when St. Paul bade his flock to abstain from the
society of fornicators, he told them he meant it only in the
numbers of the brethren, where, it may be, one or two in a
diocess or city, of that religion, might be criminal ; for he
wou Id not have them to ' go out of the world ' to keep that

h Cent. EpUt. Parmen. lib. iii. c. 2.



608 OF THE POWER OF THE CHURCH

canon ; and therefore meant not to involve the multitudes of
fornicators which were in the world. But now he that
excommunicates a church, either does nothing at all, or he
obliges every one in that church to separate from that mul-
titude ; and then if he must not go out of the world, he must
go out of that country, which no spiritual power can com-
mand, and which the apostle never did intend, as appears in
his caution and the whole economy and reason of that canon.

8. But I am to add this also, that there is scarce any
case practicable, in which, if it be indifferently permitted to
the people to separate from the communion of their superior,
it will not very quickly proceed to mischief, and become into-
lerable ; a remedy worse than the disease. When Nestorius'
had preached these words, " Whoever shall say that the
Virgin Mary is the mother of God, let him be accursed," the
people had reason to be offended ; but they did ill when
they made a tumult : for when the people are stirred, zeal is
the worst thing about them. Thus when the two deacons of
Pope Vigilius were displeased with their bishop in the cause
of the three articles, which the pope had condemned in the
fifth general council, they very pertly withdrew themselves
from his communion ; and the effect of it was, that almost
all the Roman Church, and divers other Western churches,
did so : and so did the people of Istria to their bishops in the
same cause ; and so did many more : and the evil grew so
great, when every one would, as he pleased, withdraw him-
self from the communion of their bishop or priest, that it
was, under great penalty, forbidden by the eighth synod, the
tenth chapter. k

9. But this may be done in these following cases :

(1 .) When the superior hath manifestly erred in faith, that
is, in an article of his creed or a plain proposition of Scripture, in
an article established or declared by that authority which hath
bound him and them equally, and in which they conceive no
error. Thus the priests and people of Constantinople 1 with-
drew themselves from thecommunion of Eunomius, because he
erred in an article determined by the whole Church, and esta-
blished by the laws of emperors, and, as they believed, clearly
declared in Scripture. But when Plato the monk withdrew

1 S. Cyril, ep. xviii. ad Cselestinum.
i k Paulus Diacon. de gest. Longob. lib. iii. c. 12. ' Theodoret. lib. iv. c. 14.



IN CANONS AND CFA'SURF.S. G09

himself from the communion of Tirasius, the patriarch of
Constantinople, because he refused to excommunicate the
emperor, it was an insolence fit to be chastised by the rod
of ecclesiastical discipline.

10. (2.) Priests may withdraw themselves from the com-
munion of their bishop, and people from the communion of
their priests, in things declared by laws to be against the
peace of God and the Church, when the fact is evident and
notorious. But this is not to be done by single persons, but
by the whole community : and the reason is, because the
fact is not evident, or not scandalous to that degree as to
deserve this canonical punishment, unless the congregation
be offended, or the congregation note it ; for though the
bishop be more public than any single person, yet he is not
more public or of more concernment than all his diocess.
These particulars, that is, this leave and this caution, I have
from Origen," explicating in what sense we are bound to cut
off our right hand : " Ego qui videor tibi manus esse dextra,
et presbyter nominor, et verbum Dei videor praedicare, si
aliquid contra ecclesiasticam disciplinam et evangelii regu-
lam gessero, ita ut scandalum toti Ecclesiae faciam, in uno
consensu Ecclesia conspirans excidat me dextram suam, et pro-
jiciat a. se ; If I, that am thy right hand, and preach the word
of God, do any thing against the discipline of God's Church,
and the rule of the Gospel, so that I give offence to the whole
Church, let the whole Church, consenting together, cut me
off and throw me away."

11. (3.) But all this is to be understood to be done by
permission or authority of the prince, in case he shall inter-
pose ; because where public divisions and breach of peace
are in agitation, the commonwealth is more concerned often-
times than religion ; and therefore where the laws of God do
not intervene, the laws of the king must, or the whole sepa-
ration is a sin. And therefore we find, that when Gregory I.,
bishop of Rome, had thus refused to communicate with
John, bishop of Constantinople, he was commanded by the
Emperor Mauritius to communicate with him. And it is
very fit that such heats and private judgments, and zealous
but unnecessary proceedings, should be kept from inconve-
niences by such public persons, who are to take care of peace

"> Baron. A. D. 795. In Josu. horn. vii.

VOL. XIII. R It



G10 OF THE POWER OF THE CHURCH

and of the public. For if such separations be not necessary,
they are not lawful ; and if they be not the only way to avoid
a sin, they are a ready way to commit one. For because
every man's cause is right in his own eyes, when such heats
as these happen between confident persons, every man is
judge in his own cause; and what is like to be the event of
such things, all the world can easily imagine.

12. But now concerning those other two proper kinds of
excommunication, the greater and the lesser, they have the
same consideration, if we mean them according as the
Church now uses them ; that is, if they be imposed upon
men against their will. For as for the lesser excommunica-
tion, so as it was used in the Primitive Church, and so as the
Church of England wishes it were now restored, when peni-
tents came and submitted themselves to the discipline of the
Church, and had exercises, stations, and penitential times,
allotted to them, and were afterward with joy and comfort
restored to the peace of the Church, it is a ministry done by
consent, and without any evil, and no man hath to do with
it. But if the consent of the criminal be not in it, the bishop
cannot compel him ; but the bishop and the king can. And
therefore we find, that the emperors made laws in this very
particular; and Justinian commanded, that no ecclesiastic
person should excommunicate any one, unless the cause were
first approved. Which law was commended by the Council
of Paris under Ludovicus ; and by John VIII., who, upon the
authority of that law, inhibited some bishops from excom-
municating one Bichertinus.

13. By this I do not mean to say, that the ecclesiastical
judge hath not power to deny a criminal the peace and con-
munion of the Church, by declaring him to be unworthy to
communicate ; but because as the laws and as the customs of
the world are now, there is disgrace, and there is temporal
evil consequent to such ecclesiastical separations, the bishop
can he restrained in the actual exercise of his spiritual author-
ity, if there be any thing in it of temporal concernment.

14. And, therefore, if the bishop did excommunicate any
of the prince's servants, or any whom the prince had a mind
to excommunicate and convene withal, the censure was to
be reversed ; " ut quod principals pietas recipit, nee a

novel.



IN CANONS AND CENSURES. 611

sacerdotibus Dei alieuum habeatur," as the fathers of the
twelfth Council of Toledo? did decree ; that " what the piety
of the prince does receive, the bishops may not reject." For
to avoid the company of any person is an effect of excom.
niunication indeed, but not inseparable : and because to con-
verse with any of his subjects is a right of kings, that none
of his bishops can divest him of, the bishop can excommu-
nicate no man without the king's leave ; that is, he cannot
separate him from the society of the faithful. And there-
fore Ivo, q bishop of Chartres, justified himself upon this
account for conversing with one Gervasius that was excom-
municate : " Pro regia enim horiorificentia hoc feci, fretus
auctoritate legis, si quos culpatorum, " &c. " I did it (saith
he) relying upon the authority of the law, and for the honour-
able regard of the king." And this he advises to others also,
in his one hundred and seventy-first epistle ; and St. Anselm,
though he was extremely troubled with the pope's peevish
injunction against the King of England's right in the matter
of investitures, yet in his epistle to Prior Ernulph he gives
leave, that though he durst not, by reason of the pope's per-
sonal command to the contrary, yet they might communicate
with those whom the pope had excommunicated for receiving
investitures from the king. Now although this appendage
of excommunication, that is, abstention from the civil soci-
ety of the criminal, is wholly subject to the laws and power
of princes ; yet the spiritual part of the excommunication,
that is, a separation from the communion by declaring such
a person to be unworthy, and using to him the word of his
proper ministry, is so wholly under the power of the ecclesi-
astic order, that when the king commands that the company
of the excommunicate should not be avoided, yet the man is
not absolved from his sentence in the court of conscience,
but is bound to satisfy the Church if she have proceeded
legally and canonically. The king can take off the temporal
penalty, but not the spiritual obligation ; that is, the man is
not to demand the sacrament till he be absolved. If the king
commands it, the bishop must not deny his external ministry :
but the man sins that demands it, because he communicates un-
worthily, that is, by a just power, but not by a just disposition.
He must repent of his crime, before he can come innocently.

n Cap. iii. *> Epist. Ixii.



612 OF THE POWER OF THE CHURCH

15. For it is to be observed, that, in tbis affair, one part
concerns the criminal, and another concerns the people.
The criminal is bound to abstain from the communion : that
duty is incumbent upon him, because he is judged to be un-
worthy of it by that authority which he is bound to trust, in
case there be no apparent error. But to be thrust from civil
society is not directly any duty of his, but is incumbent on



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