The question of the celibacy of the clergy has been, and is, much discussed in the Roman Church. It seems to be maintained from a feeling of its importance to the Papal system. It isolates the clergy from the ordinary interests and associations of their fellow-countrymen, and fits them better to be the willing ministers of a foreign power. It is probable also that the laity may upon the whole prefer an unmarried clergy to receive the secrets of the confessional. NOTES ON THE TEXT OF ARTICLE XXXIII. The Latin equivalent for 'rightly cut off,' is' rite præcisus,' for it does not suffice that the excommunication be right in point of the offender's deserts, but it must be in due order as respects the manner of the action of the Church. And one of the essentials in this is defined by the Article to be publicity, open denunciation,' or ' publicam denunciationem.' PenanceLatin, pœnitentiam. Heathen-Latin, ethnicus, or Gentile: ‘a stranger to the commonwealth of Israel.' This was one of King Edward's Articles, and no special source is indicated for its style and language. OBSERVATIONS ON ARTICLE XXXIII. It is manifestly a power inherent in any community, civil or religious, to exclude from their body, or to deprive wholly or partially of privileges, offenders against the rules or interests of the community. 1 The Jewish rabbis of old accordingly exercised this power in several degrees. And, from the beginning, the Christian Church inflicted excommunication of various degrees on offenders. This was recognised by our Lord,2 and in many passages of the Epistles.3 When, after the conversion of Constantine, the authority of the bishops was recognised by the State, a sentence of excommunication became a serious matter in a civil point of view. In course of time it drew with it civil disabilities, while the relaxation of discipline which pervaded the administration of the Church blunted its effect as a check upon immorality. Further, when the power of the Popes assumed strength, their excommunication became a formidable weapon in dealing even with princes. But it lost its efficacy by excessive abuse; and the excommunications of Luther, of Henry VIII. and of Elizabeth, were effectual only in the recoil of the weapon. The Roman law of excommunication may be seen in any treatise on the Canon Law, and will be found to legalise and require the religious tyranny and persecution of the Middle Ages. The Council of Trent speaks in guarded language on this point in its closing decree, but sufficiently indicates its demand for the exercise of the power of the State to persecute. By the Canons of the Church of England (A.D. 1603) impugners of the king's supremacy, or of the doctrine and ceremonial of the Church, and all schismatics, are declared to be excommunicate. The same sentence is pronounced upon various offenders against sundry regulations, and also upon those guilty of grave immorality. By the common law of England the civil courts formerly enforced penalties on the excommunicated. The progress of legal reform since the Reformation gradually diminished this exercise of the civil power; and it has been entirely removed See any Biblical Dictionary, under the word Anathema. 2 Matt. xviii. 15-18. As 1 Cor. v. 3-5, &c. by modern legislation, excepting so far as it may be in vindication of the proper discipline and jurisdiction of ecclesiastical courts over ecclesiastics. Excommunication can only be pronounced by a lawful ecclesiastical judge, sitting in open court, and after a due hearing of the cause. The expression 'ipso facto excommunicated,' in several of the Canons, implies no more than that if the person in question be ultimately sentenced, the excommunication will be retrospective and date back from the commission of the offence. But it does not empower anyone to deal with the supposed offender as an excommunicated person on his own private judgment. Nothing but a formal and legal sentence of excommunication can justify such a treatment. This is important, as bearing on the Rubrics in the Burial and Communion Services. In the present state of the law it is doubtful how far an ecclesiastical court can pronounce sentence on a lay person in any case whatever. ARTICLE XXXIV. This article has been commented upon in combination with Article XX. See page 168. |