an ecclesiastical penalty or censure, whereby such persons as are guilty of any notorious crime or offence, are separated from the communion of the church, and deprived of all spiritual advantages.

Excommunication is founded on a natural right which all societies have, of excluding out of their body such as violate the laws thereof; and it was originally instituted for preserving the purity of the church; but ambitious ecclesiastics converted it by degrees into an engine for promoting their own power, and inflicted it on the most frivolous occasions.

The power of excommunication, as well as other acts of ecclesiastical discipline, was lodged in the hands of the clergy, who distinguished it into the greater and lesser. The lesser excommunication, simply called aphorismos, "separation or suspension," consisted in excluding men from the participation of the eucharist, and the prayers of the faithful. But they were not expelled the church; for they had the privilege of being present at the reading of the Scriptures, the sermons, and the prayers of the catechumens and penitents. This excommunication was inflicted for lesser crimes; such as neglecting to attend the service of the church, misbehaviour in it, and the like.

The greater excommunication, called panteles aphorismos, "total separation and anathema," consisted in an absolute and entire exclusion from the church and the participation of all its rites. When any person was thus excommunicated, notice of it was given by circular letters to the most eminent churches over all the world, that they might all confirm this act of discipline, by refusing to admit the delinquent to their communion. The consequences of this latter excommunication were very terrible. The excommunicated person was avoided in civil commerce and outward conversation. No one was to receive him into his house, nor eat at the same table with him; and when dead, he was denied the solemn rites of burial.

The Romish pontifical takes notice of three kinds of excommunication. 1. The minor, incurred by those who have any correspondence with an excommunicated person. 2. The major, which falls upon those who disobey the commands of the holy see, or refuse to submit to certain points of discipline; in consequence of which they are excluded from the church militant and triumphant, and delivered over to the devil and his angels. 3. Anathema, which is properly that pronounced by the pope against heretical princes and countries. In former ages, these papal fulminations were most terrible things; but at present, they are formidable to none but a few petty states of Italy.

the Greek church, cuts off the offender from all communion with the 318 fathers of the first council of Nice, and with the saints; consigns him over to the devil and the traitor Judas; and condemns his body to remain after death as hard as a flint or piece of steel, unless he humbles himself and makes atonement for his sins by a sincere repentance. The form abounds with dreadful imprecations; and the Greeks assert, that if a person dies excommunicated, the devil enter into the lifeless corpse; and therefore, in order to prevent it, the relations of the deceased cut his body in pieces, and boil them in wine. It is a custom for the patriarch of Jerusalem annually to excommunicate the pope and the church of Rome; on which occasion, together with a great deal of idle ceremony, he drives a nail into the ground with a hammer, as a mark of malediction.

The form of excommunication in the church of England anciently ran thus: "By the authority of God the Father Almighty, the Son and Holy Ghost, and of Mary the blessed mother of God, we excommunicate, anathematize, and sequester from the pale of the holy mother church," &c. The causes of excommunication in England are, contempt of the bishop's court, heresy, neglect of public worship and the sacraments, incontinency, adultery, simony, &c. It is described to be twofold. The less is an ecclesiastical cen- Excommunicate, excluding the party from the participation of the sacraments; the greater proceeds farther, and excludes him not only from these, but from the company of all Christians. But if the judge of any spiritual court excommunicates a man for a cause of which he hath not the legal cognizance, the party may have an action against him at common law, and he is also liable to be indicted at the suit of the king.

Heavy as the penalty of excommunication is, considered in a serious light, there are, notwithstanding, many obstinate or profligate men, who would despise the brutum fulmen of mere ecclesiastical censures, especially when pronounced by a petty surrogate in the country, for railing or contumelious words, for non-payment of fees or costs, or other trivial cause. The common law, therefore, compassionately steps in to their aid, and kindly lends a supporting hand to an otherwise tottering authority. Imitating herein the policy of the ancient Britons, among whom, according to Caesar, whoever were interdicted by the druids from their sacrifices, "In numero impiorum ac sceleratorum habentur: ab his omnes decedunt, aditum eorum sermone nemque defuigunt, ne quid ex contagione incommodi accipiant: neque eis petentibus jus redditur, neque honos ullos communicatur." And so with us, by the common law, an excommunicated person is disabled to do any act that is required to be done by one that is probus et legalis homo. He cannot serve upon juries; cannot be a witness in any court; and, which is the worst of all, cannot bring an action, either real or personal, to recover lands or money due to him. Nor is this the whole: for if, within 40 days after the sentence has been published in the church, the offender does not submit and abide by the sentence of the spiritual court, the bishop may certify such contempt to the king in chancery. Upon which there issues out a writ to the sheriff of the county, called from the bishop's certificate a significavit; or from its effect, a writ de excommunicato capitendo; and the sheriff shall thereupon take the offender and imprison him in the county jail, till he is reconciled to the church, and such reconciliation certified by the bishop; upon which another writ de excommunicato deliberando, issues out of chancery to deliver and release him.

Excommunication was also practised among the Jews, who used to expel from their synagogue such as had committed any grievous crime. See the Gospel according to St John, ix. 22. xii. 42. xvi. 2. And Joseph. Antiq. Jud. lib. ix. cap. 22. and lib. xvi. cap. 2.

Godwyn, in his Moses and Aaron, distinguishes three degrees, or kinds, of excommunication among the Jews. The first he finds intimated in John ix. 22. The second in 1 Cor. v. 5. And the third in 1 Cor. xvi. 22. See Niddul.

The rule of the Benedictines gives the name of excommunication to the being excluded from the oratory, and the common table of the house; in our inns of court called discomuning. This was the punishment of such monks as came too late.

a being secluded from a participation in the mysteries of religion, was also in use under paganism.

Such as were thus excommunicated were forbidden to assist or attend at the sacrifices, or enter within the temples; and were afterwards delivered over to the demons and furies of hell, with certain imprecations; which was called among the Romans diris devovere.

See Excruciation.

The Druids among the ancient Britons and Gauls likewise, made use of excommunication against rebels; and interdicted the communion of their mysteries to such as refused to acquiesce in their decisions. See Druids.