Chap. duft fummoned together into their due order, and be _XII.___ fashioned like to the glorious body of Chrift 52, as being made partakers of the fame glory with their immortal fouls, as once they were of the fame fufferings and good works! Surely bodies fo honoured here, and to be fo glorified hereafter, and which too we own, even in the state of Death, to be under the care of a divine providence and protection, are not to be exposed and despised by us as unworthy of our regard. Moved by these confiderations, the primitive Chriftians, though they made no use of ointments whilft they lived, yet they did not think the moft precious too coftly to be used about the Dead 53. And yet this was fo far from being reproached with fuperftition, that it is ever reported as a laudable cuftom, and fuch as had fomething in it fo engaging, so agreeable to the notions of civilized nature, as to have a very confiderable influence upon the Heathens, who obferved and admired it; it becoming inftrumental in the difpofing them to a favourable opinion at firft, and afterwards to the embracing of the Chriftian Religion, where these decencies and tender regards to deceafed friends and good people were fo conftantly, fo carefully, and fo religiously practifed 54. The an of Burial. §. 5. To fay exactly what was the Primitive Office or cient form Form at the committing a Chriftian to the ground, is a difficult matter: but we are fure that Pfalms were a principal part of it, from the concurrent teftimonies of ancient writers 55. Not but that these were accompanied with fuitable Prayers for the reftitution of the deceased, with Praises of thofe virtues which they were eminent for whilft living, and with ample Recommendations of their good example to those who furvived. And how agreeable our prefent office is to this, will be beft seen by taking a diftinct view of its particulars, which I fhall now proceed to do in the fame order that they lie. 52 Phil. iii. 21. See alfo 1 Cor. xv. 42, 43, 44. 53 Minut. Felix, c. 12. p. 69. Arnob. 1. 5. Clem. Alex. Pædagog. 1. 2. e. 8. pag. 176. A. 54 This was observed by Julian the Apoftate, who writing to an idolatrous High-Prieft, put him in mind of those things by which he thought the Chriftians gained upon the world, and recommends them to the practice of the Heathen Priefts, viz. the Gravity of their Carriage, their Kindness to Strangers, and their Care for the Burial of the Dead. Epift. 49. ad Arfatium.. 55 Conft. Ap. 1. 6. c. 30. P. 351. 359. Chryf. Hom. 4. in Ep. ad Hebr. tom. iv. p. 453. lin. 35. Concil.Tolet. 3. Can. 22. tom. v. col. 10 14. D. SECT. SECT. I. Of the firft Rubric. THOUGH all perfons are, for decency, and Sect. I nied to fome forts fome Chriftian other of the reasons that have been mentioned above, Burial deto be put under ground; yet it appears by the rubric, (which was prefixed to this office at the last review,) as well as of perfons. by the canons of the ancient church, that fome are not capable of Chriftian Burial. Here it is to be noted, that the office enfuing is not to be used for any that die unbaptized, or excommunicate, or have laid violent hands upon themfelves, unbap I. The prohibiting the Burial-Office to be used for any As, firft, to of these, is exactly agreeable to the ancient practice of the fuch as die church. For, firft, in relation to fuch as die unbaptized, tized. the first council of Bracara, which was held A. D. 563, determines, that there should be no Oblations or Commemorations made for them, neither fhould the office of Singing be ufed at their Funerals 56. Not that the church determines any thing concerning the future ftate of those that depart before they are admitted to baptifm: but fince they have not been received within the pale of the church, we cannot properly use an office at their Funeral, which all along fuppofes the perfon that is buried to have died in her communion. here ex §. 2. Whether this office is to be used over fuch as Whether have been baptized by the Diffenters or Sectaries, who perfons have no regular commiffion for the adminiftering of the the DiffentSacraments, has been a fubject of difpute; people gene-ers are rally determining on one fide, or the other, according to cluded. their different fentiments of the validity or invalidity of fuch difputed baptifms. But I think that for determining the question before us, there is no occafion to enter into the merits of that caufe: for whether the baptifins among the Diffenters be valid or not, I do not apprehend that it lies upon us to take notice of any baptifms, except they are to be proved by the Regifters of the church. Unless therefore we ourselves betray our own rights, by registering fpurious among the genuine baptifms, perfons baptized among the Diffenters can have no juft claim to the ufe of this office. For the rubric exprefsly declares, that it is not to be used for any that die unbaptized: but all perfons are fuppofed to die unbaptized, but those whofe baptisms the Registers own; and therefore the Registers not 56 Concil. Bracar. 1. Can. 17. tom. v. col. 841. C. XII. Chap. owning diffenting baptifms, thofe that die with fuch baptifms must be fuppofed to die unbaptized. But indeed the beft way to put an end to this controverfy, is to defire those that have feparate places of worship, to have feparate places for Burial too; or at least to be content to put their dead into the ground, without requiring the prayers of a Minister, whofe affiftance in every thing but in this and Marriage they neglect and despise. die excom Secondly, II. The next perfons, to whom the church here denies to fuch as the office of Burial, are those that die excommunicate; i. e. municate. those who die excommunicated with the greater Excommunication, as it is expreffed by the fixty-eighth canon. And to fuch as these Christian Burial has ever been denied by the catholic church 57. The intent of which penalty is to bring the Excommunicate to seek the abfolution and peace of the church, for the health of his foul, before he leaves the world; and if not, to declare him cut off from the body of Christ, and by this mark of infamy to distinguish him from an obedient and regular Christian. Whether an ipfo clude a Chriftian fore fen tence is ced. §. 2. The learned Mr. Johnfon is of opinion 58, that facto Ex. perfons notoriously guilty of any of thofe crimes, for communi- which Excommunication ipfo facto is decreed against them cation fe by the canons of our church 59, are really excommuniman from cated, though they be not particularly by name published or declared to be fo; and that therefore a Minifter may Burial, be- refufe to bury them, if they die in this condition, and no one be able to teftify of their repentance. To confirm pronoun- which, he obferves from the canonifts, that it is a fufficient denunciation, if it come to the knowledge of the perfon excommunicated 60: fo that the Curate, who has taken care that his parishioners who are guilty of those crimes be made fenfible that they are excommunicated by canon, feems to be under no obligation to bury them when they are dead. And yet this learned gentleman obferves juft before, that the judges have declared that Excommunication takes no effect as to the common law, till it be denounced by the Ordinary and Curate of the place where the offender lives. He alfo refers to Lyndwood, to fhew, that if the fact be not notorious or бо 57 Synef. Ep. 58. p. 203. A. Concil. Bracar. 1. Can. 16. tom. v. col. 841. E. Decretal. 1. 3. Tit. 39. c. 12. et l. 5. Tit. 53. C. 5. 58 See Clergyman's Vade Mecum, p. 185. of the fifth Edition. 59 See Canon II, III, IV, V, VI, VII, VIII, IX, XII. 60 Lyndw. in Gloff. 1. 3. T. 28. c. Seculi Principes v. Excommunicat i. 51 Ibid. pag. 183. 62 L. 1. T. 2. Gloff. verf. finem. evident evident beyond exception, then it must be proved, and the Sect. I. fentence paffed in the ecclefiaftical court, before the criminal be taken for excommunicated in foro Ecclefiæ. Now certainly before he be taken for excommunicated, he is not to be denied Christian Burial, which is treating him as excommunicated. It is true, Mr. Johnson is here speaking of a cafe where the fact is not notorious; but then he goes on to prove from the fame author 63, that though the fact be notorious, yet the offender must be publickly declared excommunicated, before it can be criminal for other perfons to converfe with him. From whence I would infer, that fo long as he is allowed the converfation of Chriftians, he may alfo be indulged with a Chriftian Burial. But he farther obferves from the fame place in Lyndwood, that when the fact is notorious, the Curate of the parish may denounce the Excommunication, without any special order from his fuperior. If fo, then nobody, I fuppofe, will deny, that, when the Curate has denounced it, he is to be refused the use of this office of Burial by the injunction of the canon 64, and the rubric before us. But the greatest difficulty is in what he afferts in the following paragraph, vix. That the offender is to be deemed excommunicate, before fuch publication is made; which he founds upon fuppofition, that if it were otherwife, there would be no difference between Conftitutio Sententiæ late, and Conftitutio Sententiæ ferendæ. But, with fubmiffion to this gentleman, I can conceive a difference between these constitutions, without deeming an offender excommunicate before publication is made. For Conftitutio Sententiæ late may fignify, that the criminal, as foon as ever he is convicted and found guilty of the crime alleged against him, incurs the penalty inflicted by the canon, without any farther fentence pronounced, than a declaration that he actually is, and has been under the cenfure of the faid canon: whereas Conftitutio Sententiæ ferendæ may require not only that the criminal fhould be convicted, but also that after his conviction the sentence fhould be pronounced folemnly and in form, notwithftanding the canon may exprefsly declare what the punishment fhall be. And this I take to be the fenfe in which Lyndwood and other Lawyers understand it, whom certainly we must allow to be the beft judges in the cafe. And this will explain what Mr. Johnson obferves the Canonists say, viz. that Excommunicatio ipfo facto, is, Excom 63 Lyndw. 1. 3. T. 28. verf. finem. 64 Canon LXVIII. municatio Chap. municatio facta nullo Minifterio Hominis interveniente ; that XII. an ipfo facto Excommunication, is an Excommunication that takes effect without the intervention of any man's ministry. For whenever a canon fays, that a criminal is ipfo facto excommunicated, the Excommunication takes place as foon as he is tried, and found guilty of the crime, without any one's pronouncing any other sentence upon him, than that, by virtue of his crime, he is, and has been excommunicated by the canon; and that not only from the time that he is proved convict, but from the very time that he committed the fault: infomuch that all the advantages, penalties, and forfeitures that may be taken and demanded of a perfon excommunicated, may be taken and demanded of fuch a perfon quite back to the time when he committed the fact, for which he is now declared excommunicate. But ftill, though a criminal becomes liable to this cenfure, from the very instant he commits the crime; yet he cannot legally be proceeded againft, nor treated as excommunicate, before he is actually convicted and declared fo to be. It is true, the canonists suppose that a man may and ought to fhun the company of one, whom he knows to have incurred Excommunication: but private conversation is what any one may withhold from whomfoever he pleases, and what therefore a man ought to withhold from fuch a one as he knows, or believes, he is able to convict of having incurred a greater penalty. But this does not affect the queftion between Mr. Johnfon and me. The queftion between us is about denying a man the Sacraments and public offices of the church, which the 65 canonifts affert every man may claim, till it appears legally that he has forfeited his right to them. And therefore (which is the principal point here concerned) no man can be refufed Chriftian Burial, however fubject he may have rendered himself to an ipfo facto Excommunication, unless he has been formally tried and convicted, and actually pronounced and declared Excommunicate, and no Man is able to testify of his Repentance. By this claufe in the canon indeed, one would be apt to imagine, that if any were able to testify of his repentance, the man has a right to Chriftian Burial, though his fentence was not reverfed and to fome fuch teftimonies perhaps it might be owing, that fince the Reformation, as well as before, commiffions have been 65 Decr. Par. 2. Cauf. 6. Quæft. 2. c. 3. verb. placuit. 66 Canon LXVIII. granted |