not to any outward act of uncleanness. So Zonaras1 interprets it among the Ancients, and Osiander among the modern interpreters. Though some think, that such intentions, if discovered by any overt-acts, might bring a man under ecclesiastical censure.

SECT. 19.-Nor for forced or Involuntary Actions.

The case is more clear as to all forced and involuntary actions, where the will was no way consenting to them. For as they were free from sin, so they were from punishment. There were some indeed, who out of an over-abundant zeal and ignorant pretence of purity, were for excluding men from communion for such things, which were more to be reckoned their misfortunes than their crimes: but the Council of Ancyra prudently corrected this erroneous zeal by a canon3 to this purpose: "that communion should not be denied to those, who fled, but were apprehended, or betrayed by their servants, and suffered loss of their estates, or torture, or imprisonment, declaring all the while that they were Christians: though they were held, and by violence the incense was put into their hands, and they were forced to receive meat offered to idols into their mouths, declaring themselves all the time to be Christians, and shewing by their behaviour and habit and humble course of life, that they were sorry for that, which happened; these being without sin, are not to be debarred from communion. Or if by the super-abundant caution or ignorance of any, they have been debarred, let them forthwith be received into communion again. And the like is determined in the case of women, that suffer ravishment against their wills, by Gregory Thaumaturgus, and St. Basil.5 And so by Dionysius of Alexandria, and Athanasius," and others, for any involuntary defilement whatsoever. These were the

1 Zonard. in can. xxxii. Basil.

2 Osian. in Can. iv. Neo

cas. Edit. Witeberg. 1614. Hoc videtur velle hic canon, eum non cadere sub pœnam aliquam disciplinæ ecclesiasticæ, &c.

3 Con Ancyr. can. iii.

5 Basil. can. xlix.

Greg. Thaum. can. i.

6 Dionys. can. iv.

Athan. Ep. ad Ammum. ap. Bevereg. Pandect. tom. ii. p. xxxvi,

general measures observed by the Ancients, to distinguish great and small offences, or innocence from sin, in order to shew what might or might not bring men under the censure of excommunication. But because it will contribute much toward the more exact understanding of the ancient discipline, to know more particularly the several sorts of those greater crimes, for which men were subjected to the highest censures, I will now proceed to make a more distinct inquiry into the nature, and kinds, and degrees of those high misdemeanors in the following chapters.

CHAP. IV.

A particular Account of those called great Crimes, the principal of which was Idolatry. Of its several Species, and Degrees of Punishment allotted to them according to the Proportion and Quality of the Offences.

SECT. 1.-The Mistake of some about the Number of great Crimes, in confining them to Idolatry, Adultery, and Murder.

LEARNED men are not well agreed about the number of those, which the Ancients called great crimes, with reference to the ecclesiastical punishment, nor about the reason and foundation of that title. There were some in St. Austin's time, who were for confining great crimes, for which excommunication was to be inflicted, to three only, adultery, idolatry, and murder: these they allowed to be mortal sins, and made no doubt but that they were to be punished' with excommunication, till they were cured by the humiliation of public penance; but for all others they said compensation might easily be made by giving of alms. This St. Austin

Aug. de Fide et Oper. cap. xix. Qui autem opinantur et cætera eleemosynis facilè compensari, tria tamen mortifera esse non dubitent excommunicatione punienda, donec pœnitentiâ humiliore sanentur, impudicitiam, idolo, latriam, homicidium.

labours to confute, not only in the place alleged, but in several others, by which it is evident, that these were not the only great crimes, that were punished with excommunication. And therefore those modern authors make a wrong representation of the ancient discipline, who confiné it to those three great crimes, or to such as may be reduced to them since it is apparent from what is now said, that it extended much further; and, as I shall presently shew, included all the great crimes against the whole Decalogue, or transgressions of the moral law in every instance.

SECT. 2.-The Account given of great Crimes in the Civil Law, extended much further.

And it is very observable, that even in the civil law, the account that is given of great crimes, extended much further. For when the Emperors, according to custom, at the Easter festival, granted a general release and indulgence to such as were imprisoned for their misdemeanours, they still excepted several other heinous crimes, specified in their laws, some five, some six, some eight, some ten, which cannot be reduced to the three crimes of idolatry, adultery, and murder. The laws of Valentinian and Gratian except seven capital crimes from any benefit of such indulgence, viz. sacrilege, treason, robbing of graves, necromancy, adultery, ravishment, and murder. The laws of Theodosius the Great except eight capital crimes, treason, parricide, murder, adultery, ravishment, incest, necromancy, and counterfeiting of the imperial coin. And those of Valentinian Junior except ten; sacrilege, adultery, incest, ravishment, robbing of graves, charms, necromancy, counterfeiting the coin, murder and treason. Now when the civil law excepted so many great crimes, under the name of Atrocia Delicta, from

1 Vid. Aug. Hom. ult. ex 50. De Civ. Dei. lib. xxi. cap. 27. Cod. Theod. lib. ix. tit. 38. De Indulgentiis Criminum leg. iii. Ob diem Paschæ, quem intimo corde celebramus, omnibus quos reatus adstringit, carcer inclusit, claustro dissolvimus. Attamen sacrilegus, in majestate reus, in mortuos, veneficus sive maleficus, adulter, raptor, homicida communione istius muneris separentur. It. Leg. iv. ibid.

3 Ibid. Leg. vi.

VOL. VI.

Ibid. Leg. vii, et viii.

N

the benefit of these indulgences, it is not probable, were there no other argument to persuade it, that the ecclesiastical law would let any of those heinous offences go unpunished, or wholly escape the severity of Church-censure.

SECT. 3. And in the Ecclesiastical Law, the Account of great Crimes extended to the whole Decalogue.

But we have clearer and more certain evidence in the .case. For first St. Austin says, the great crimes, which were punished with public penance, were such as were against the whole Decalogue or ten commandments,1 of which the Apostle says, "they which do such things, shall not inherit the kingdom of God." Only, as Mr. Daille rightly observes, we must interpret this of capital crimes directly and expressly forbidden in the law, not of all remote branches or lower degrees of sin, that may any way whatsoever be reduced to the principal crime, or indirectly come under the prohibition. For otherwise it would not be true, that all sins forbidden in the Decalogue brought men under public penance, since there are some transgressions only conceived in the heart, and never completed in outward action, which though they might be great breaches of the law, yet they could not come under public censure, but were to be cured by private repentance.

SECT. 4.-A particular Enumeration of the great Crimes against the first and second Commandments. Of Idolatry, and the several Species and Branches of it.

Supposing therefore, that there were many great crimes against every precept of the moral law, which might bring men under ecclesiastical censure, and public penance, we will now proceed in the order of the Decalogue, to consider the nature, and kinds, and punishment of them. The great

Aug. Hom. ult. ex 50. cap, iii. tom. x. p, 205. Tertia actio est pœnitentiæ, quæ pro illis peccatis subeunda est, quæ legis decalogus continet; et de quibus Apostolus ait, ‘Qui talia agunt, regnum Dei non possidebunt.' Dallæus de Confess. Auricular. lib. iv. cap. xx. p. 431.

Vid. Aug. Hom. xliv. de Verb. Dom. c. Y.

crimes against the first and second commandments, which were commonly joined together, were comprised under the general names of apostacy and irreligion; which comprehended the several species of idolatry; blaspheming and denying Christ in time of persecution; using the wicked arts of divination, magic, and enchantments; and dishonouring God by sacrilege and simony; by heresy and schism; and other such profanations and abuses, corruptions and contempts of his true religion and service. All these were justly reputed great crimes, and ordinarily punished with the severest ecclesiastical censures.

SECT. 5.-Of the Sacrificati and Thurificati, or such as fell into Idolatry by offering Incense to Idols, and partaking of the Sacrifices.

Of idolaters there were several sorts; some went openly to the temples, and there offered incense to the idols, and were partakers of the sacrifices. These were distinguished by the name of Sacrificati and Thurificati, as we find them often styled in Cyprian,' who speaks of them as defiling both their hands and mouths by the sacrilegious touch: meaning their hands by offering incense, and their mouths by eating of the sacrifices. And of these also there were several degrees. Some, as soon as ever a persecution was set on foot, before they were called upon, or had any violence offered to them, went voluntarily to the temples, and offered sacrifice of their own accord; whilst others held out a long time against torture, and only sacrificed, when the utmost necessity compelled them. Cyprian makes a great difference between these two sorts of lapsers, as he does also

1 Cypr. Ep. xv. al. 20. ad Cler. Rom. p. 43. Qui sacrilegis contactibus manus suas atque ora maculassent. It. Ep. lv. al. 52. ad Antonian, p. 108. Placuit sacrificatis in exitu subveniri, quia exomologesis apud inferos non est.

2 Cypr. ibid. p. 106. Inter ipsos etiam qui sacrificaverint, et conditio frequenter et causa diversa est. Neque enim æquandi sunt, ille qui ad sacrificium nefandum statim voluntate prosilivit; et qui reluctatus et congressus diu ad hoc funestum opus necessitate pervenit. Ille qui et se et omnes suos prodidit; et qui ipse pro cunctis ad discrimen accedens, uxorem et liberos et domum totam periculi sui perfunctione protexit: ille qui inquilinos vel amicos suos ad facinus compulit ; et qui inquilinis et colonis pepercit;