EXcommunication is the greatest judgement vppon the earth, being that which is ratified in Heauen, and being a precursorie or prelasorie judgement of Christ in the end of the world; and therefore for this to be vsed vnreuerently, and to bee made an ordinarie processe to lackie vp and downe for Fees, how can it bee without derogation to Gods honour, and making the power of the keyes contemptible? I know very well the defence thereof, which hath no great force, That it issues foorth not for the thing it selfe, but for the contumacie. I doe not denie but this judgement is as I said before, of the nature of Gods judgement, of the which it is a modell; For as the judgement of God taketh hold vpon the least sin of the impenitent, so excommunicatiò, may in case issue vpon the smallest offence, and in case not issue vpon the greatest, but is this contumacy, such a contumacie as Excommunication is now vsed for? for the contumacie must be such, as the partie, as farre as the eye and wisedome of the Church can discerne, standeth in state of reprobation and damnation, as one that for that time seemeth giuen ouer to finall impenitencie. Vpon this obseruation I ground ‘two considerations; The one, that this censure bee restored to the true dignitie and vse thereof, which is that it proceed not but in cases of great weight, and that it be decreed not by any Deputie or substitute of the Byshop, but by the Byshop in person; and not by him alone, but by the Byshop assisted.
The other Consideration is, that in lieu thereof, there be giuen to the Ecclesiasticall Courts, some ordinary processe, with such force and coertion, as appertaineth. That so the dignitie of so high a sentence being retained, and the necessitie of meane processe supplyed, the Church may bee indeed restored to the Ancient vigor and splendor. To this purpose joyned with some other holy and good purposes, was there a Bill drawne in Parliament in the three and twentie yeare of the raigne of the Queene deceased, which was the grauest Parliament that I haue knowne, and the Bill recommended by the grauest Counsellor of Estate in Parliament, though afterwards it was stayed by the Queenes speciall commandement, the nature of those times considered.
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