A second true defence of the meer nonconformists against the untrue accusations, reasonings, and history of Dr. Edward Stillingfleet ... clearly proving that it is (not sin but) duty 1. not wilfully to commit the many sins of conformity, 2. not sacrilegiously to forsake the preaching of the Gospel, 3. not to cease publick worshipping of God, 4. to use needful pastoral helps for salvation ... / written by Richard Baxter ... ; with some notes on Mr. Joseph Glanviles Zealous and impartial Protestant, and Dr. L. Moulins character.

CHAP. XI. Whether the Excommunicating Church, or the Excom∣municated for not Communicating when Excommu∣nicated be guilty of Schism?

§. 1. THeir Canons excommunicate ipso facto all that say Conformi∣ty is unlawful, and many such like. 1. He saith [The ex∣communication is not against such as modestly scruple the lawfulness of things imposed; but those who obstinately affirm it.

Answ. Reader, trust neither him nor me, but read the words. Can. 3, 4, 5, 6. [Whosoever shall affirm that the Church of England by Law e∣stablished under his Majesty is not a true and an Apostolical Church,—let him be excommunicated ipso facto.

Whosoever shall affirm that the form of God's worship in the Church of England established by the Law, and contained in the Book of Common∣prayer—is a corrupt, superstitious, or unlawful worship of God, or con∣taineth ANY THING in it that is repugnant to the Scriptures, let him be excommunicated ipso facto, and not restored till, &c.

Whosoever shall affirm that any of the 39 Articles, are in any part su∣perstitious or erroneous, or such as he may not with a good conscience sub∣scribe unto, let him be excommunicated ipso facto, and not restored till, &c.

Whosoever shall affirm that the Rites and Ceremonies of the Church of Eng∣land by Law established are wicked, antichristian, or superstitious, OR such as being commanded by lawful authority, men who are zealously and Godly af∣fected may not with any good conscience approve them, use them, OR as oc∣casion requireth subscribe to them, let him be excommunicated ipso facto, and not restored till he repent and publickly revoke such his wicked er∣rours.

Can. 7. Whosoever shall hereafter affirm, that the Government of the Church of England under his Majesty by Arch-Bishops, Bishops, Deans, Arch-Deacons, and THE REST THAT BEAR OFFICE IN the same, is antichristian, OR repugnant to the word of God, let him be excom∣municate ipso facto, &c.

Can. 8. Whosoever shall affirm that the form and manner of making and consecrating Bishops, Priests or Deacons, containeth ANY THING in it that is repugnant to the word of God,—let them be excommunicate ipso facto, &c.

Can. 11. Whosoever shall affirm—that there are within this Realm, other Meetings, Assemblies, or Congregations of the Kings born subjects, than such as by the Law of this Land are held and allowed, which may right∣ly challenge to themselves the Name of true and lawful Churches, let him be excommunicate ipso facto, &c.

And now if the Reader will no more believe the Doctor, it is not long of me. If all this be no more than to excommunicate them that [obstinately affirm the Ceremonies Antichristian, impious, or superstitious,] understanding them is not possible.

§. 2. But I confess they excommunicate not men for secret thoughts: We thank them for nothing. It is but for telling their judgment. And Dissenters may have many occasions to tell it. The Kings Com∣mission once allowed some of us to tell it: The Demands, Accusati∣ons, calumniating Books and Sermons, &c. may call many to it.

§. 3. He saith, All Excommunication supposeth precedent Admonition.

Answ. 1. They should do so: The worse is yours because it doth not so: It only alloweth admonition to repent for his restoration: which made M. Anton. Spalatensis say so much against it.

2. If it did oblige you to admonish us, as you have done by your Books, you know that this changeth not our judgments: So that to be excommunicate before the admonition and after comes all to one. But indeed when the Law ipso facto excommunicateth, the Law it self is the admonition.

§. 4. He addeth [General excommunications though they be latae sen∣tentiae, do not affect the particular persons till the evidence be notorious, not only of the bare fact, but the contumacy.]

Answ. Affecting is a word that signifieth what you please. Ipso facto is [for and upon the fact proved, without any sentence of a judge.] While the fact only is thus made the full cause, the contumacy need not be proved. It's true, 1. That the fact must be proved, 2. And then the Law is a sentence and Relatively affecteth the person as sentenced; 3. But no persons else are obliged to avoid him, till the fact be lawfully publish∣ed. But the man is excommunicate. And 4. Whether the man that knoweth the Law and his own Fact be not bound himself to avoid the Churches Communion, is a great Controversie: And the plain truth is, If it be a just Excommunication, he is bound to forbear

Communion in obedience to it: (As much as a silenced Minister is to forbear Preaching.) But if it be a sentence unjust, and injustice be not so gross as to nullifie it, still he must forbear: But if it be so un∣just as to be invalid, he may Communicate till he be executively re∣jected: (As one so unjustly silenced may preach, if he can: for the case is much like.)

The Reader would be displeased if I should cite him many Casuists in so plain a case.

2. But no man doubteth but the General sentence of the Canon speaketh the sence of the Church, and doth all that Law-makers can do, before judgment: And the Law is norma officii & judicii, obli∣ging Subject and Judge.

§. 5. It's true that Linwood saith, that a Declaratory sentence, that is, A Declaration that such a man is already sentenced by the Law, is ne∣cessary to oblige any to the execution of it on others, or the person in foro externo. But still the Church hath done her part in Legislation, to oblige as aforesaid.

§. 6. He saith [Persons excommunicate are to be denounced so every six months, that others may have notice of them.]

Answ. 1. But are they not excommunicate then, before they are so oft denounced, yea or at all, as far as aforesaid?

§. 7. He saith [I have fully answered my own Objection by saying, I am not bound to execute the sentence on my self.]

Answ. 1. He would not say that he approveth the answer: For if he do, he confuteth himself, that would have us execute the silencing sentence on our selves, and the sentence against publick worship in any way but theirs.

2. My reason is, because I take the unjust sentence as invalid: else I were bound in foro interiore.

3. But sure the Church at least relaxeth that mans obligation to present Communion, by shewing her will, if she did not oblige him to withdraw.

Read over the words of the Canon, and see whether they make them not as unintelligible and flexible to what sense they please, as they do the words of the Act of Uniformity and Liturgy.

§. 8. As to his two cases in which the excommunicate may be schis∣maticks for not communicating, 1. We question not the first: Just excommunication excludeth none but the guilty. Here then indeed is the state of our Controversie. Had he proved that in all the cases before cited, it is just to excommunicate us, he had done somewhat, when now for want of it he betrayeth his cause.

2. His 2d. is [If they form new Churches.]

Answ. 1. Is forming new Churches and not communicating with the old ones all one? Our present question is of the later. So that this great Accuser seemeth plainly to absolve all from being bound to Commu∣nicate with them, who are unjustly excommunicate, and gather not new Churches.

2. But may not the unjustly excommunicate that cannot on just terms be restored, worship God in some publick Church? Doth such a wicked sentence bind men to live like Atheists till death? or de∣prive them of their right to all God's Ordinances? even many Papist Doctors and Councils say the contrary. And how else do you justifie the Church of England against the Papists charge of Schism?

§. 9. p. 372. He still seemeth to think, that [His own and others reasonings may change all the truly honest Christians in the Land to hold all the things imposed lawful.]

Answ. These thoughts of the Bishops in 1660. and 1661. have brought us all to the pass that we are at; And if after 20 years so great experience of the inefficacy of all their Disputes, yea and Pri∣sons, and after the notice of the nature and different cases of men, they still trust to bring us to Concord on these terms, disputing with such men is in vain; The Lord deliver us from them.