or if he be a Leaffee, tho' he be not willing of himfelf, yet he may be obliged to it by the Bifhop, Dean, and Chapter, or Body, when he comes to renew his Leafe: but if the Fee be in himfelf, there is no way, but to depend on his Courtefy. This I fpeak, upon Suppofition, that the Rails are to be faften'd into the Free, hold: for I fuppofe there can be no doubt, but that as the Parishioners have a Right in moft Places, by Cuftom, to receive the Communion, Marry, and in fome Places, to hold their Veftries in the Chancel; fo they have a Right to place all fuch things there, as are neceffary or proper to thofe Ends; and why they may not have moveable Rails there, as well as a Table, I can fee no juft Caufe. Generally there are in every Chancel Pews faften'd to the Freehold, for the Ufe of the People when they Communicate; and whether thefe may not, at the Dif cretion of the People, be changed into Rails, I leave to the Learned in the Law to determine:But, if I was Church-Warden, I fhould prefume that my Ordinary was confenting to the having Rails, as to be fure he is, if he be one that has any regard to the Decency of Worship; and therefore fhould think it fufficient to ask the exprefs Confent of Parfon and Parishioners, or the Majority of them. And if the Ordinary be never fo much difpofed to remove Pews or Rails, erected without his Licenfe, yet there is no great Fear of his coming to the Knowledge of it, unless it be a Church in which he keeps his Vifitation; for he rarely looks into any other: and there is no great fear, that the Parishioners that do oppofe it, will go to the Ecclefiaftical Court for Re-

drefs

drefs: for they know well enough, that all the Relief to be had there, in cafe they have a Majority against them, is, that a License will be put upon the Church-Wardens, and fo the Charge be encreased.

T

viz.

CHAP. XIX.

Of Church Cenfures.

Here are fome Cenfures, to which Laymen, as well as Clergymen, are subject,

1. Sufpenfio ab ingreffu Ecclefiæ. So by the Conftitution of Archbishop Stratford, the Archdeacon, in fome Cafes, was to be fufpended from going into the Church, L. 3. T. 6. Item quia: So by Stat. 5, 6, Edw. VI. c. 4. the Ordinary is directed, if any Man quarrel, or chide, by Words only, in any Church, or Churchyard, to fufpend every Perfon fo offending, from going into the Church for fo long a time as he shall think fit.

This Cenfure was inflicted by the Conftitution of Archbishop Sudbury, Confeffione, on all' that' receiv'd not the Holy Eucharift at Eafter. Lyndwood in his Glofs. put the Queftion, who fhould inflict this Cenfure, and Aniwers, That "there is no Occafion for the Ordinary to pass Sentence, the Curate may do it.

II. Ex.

II. Excommunication, which is either,

1. Excommunicatio Minor, was a Sentence introduc'd in the XIIIth Century, to be pafs'd on those who knowingly convers'd with thofe, who were by Name excommunicated, and when there was no Neceffity for their fo doing. I do not find any certain Proof that it was ever ufed in any other Cafe. Lyndwood afferts, That it was grown out of Ufe in the Ecclefi 'aftical Court, in his Time; and that Interdi&t 'had fucceeded in its Stead.' Where by the Word Interdict, he must mean prohibition laid on particular Perfons against going into the Church There is no Reafon to fuppofe that it hath been reftor'd fince Lyndwood's Time. See Lib. II. T. 6. c. Evenit. v. Interdict. this Cenfure Men were depriv'd of Sacraments, and Sacramentals only.

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2. Excommunicatio Major, is that Sentence by which Men are depriv'd not only of Sacraments, and Sacramentals, but of all Communication with Chriftian Men, without the Church, as well as in it. But it is to be ob ferv'd, that by the Practice of our Church in latter Ages, Men are actually depriv'd only of Sacraments and Sacramentals, and of Entrance into the Church, by virtue of this Sentence. They are not depriv'd of Communication of Chriftian People (otherwife than in the Church) till they have remain'd three Months under this Sentence, without feeking the Benefit of Abfolution, (according to the 65th of our prefent Canons) and till others be admonifhed to

avoid their Company and Society, by a publick Denunciation to be made, not only in the Parish, but in the Cathedral Church. So he who is excommunicated for preaching Herefy is not depriv'd of Converfation with Chriftian People, till he hath a fecond time been guilty of that Crime, tho' he was excommunicated for the first Offence. *But the Perfon thus excommunicate, is liable to be taken up by a Capias, before he is depriv'd of Converfation of Chriftian People; if he do not reconcile himfelf within forty Days, to be reckon'd from the Time of the first Denunciation in the Parish Church. And if that Writ might not be executed before the fecond Denunciation, it would now not be executed at all. For I never knew any fuch Denunciation made, nor confequently any Prohibition of communica ting extra Ecclefiam with Excommunicates. It was the Neglect and total Difufe of this Prohibition that led others, as well as myfelf, into an Opinion that an Excommunication in our common Form is of the leffer Sort. For we could not fee how Men under a greater Excommunication might be convers'd with as freely as others, which yet we fee commonly done without Cenfure, or Controul. But it seems evident, that the leffer Excommunication is wholly thrown out of Doors, and that therefore there is no other in being but what was of old called the Greater: and is fo ftill in the Eye of the Law. And it is a Maxim with the Canonifts, that Excommunicatio, if the Word

*See Arundel's Conftitut. Reverendiffim..

Word Minor be not added to it, imports the Greater: And that if a Judge fay, I excommunicate John, or James, it implies the greater Excommunication. But let it be observ'd, that this is still in effect a leffer Excommunication, tho' it be a greater in the Eye of the Law. For it does not actually deprive Men of Chriftian Society out of the Church till it hath been de nounced a fecond Time, and in the Cathedral Church; which is now fcarce ever practis'd. But it fubjects Men to the Writ, de Excom. Capiendo, by Stat. 1 H.V. c. 5. and 5 Eliz. c.23. And a Perfon taken by virtue of this Writ is Bailable only by the Court of King's-Bench, not by Sheriffs, or Juftices of Peace. Godolph. c. 42. §. 25.

In many Cafes, and for many Crimes, Offenders are faid to be Excommunicate ipfo facto.. Lyndwood fays, there are 175 Cafes mention'd in the Provincials only, in which Men are faid to be fo; and by Statute 5, 6 Edw. VI. He that fmites, or lays violent hands on another in a Church, or Church-yard, fhall be deem'd ipfo facto Excommunicated.

It has been difputed, whether Perfons, who are by Law, or Canon, ipfo facto Excommunicated, do fall under that Sentence, before they are cited by the Ordinary, and have the Fact proved against them, and they are denounced Excommunicate in Ecclefiaftical Courts.

Now the Judges have declared, that Excom munication takes no effect, as to the Common Law, till it be denounced by the Ordinary and Curate of the Place where the Offender lives; no, not when fuch Excommunication is decreed

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