Page:Encyclopædia Britannica, Ninth Edition, v. 8.djvu/836

Rh E X E E X E catkolica, dates from 380. Till then exclusion from church privileges had been a spiritual discipline merely; thencefor ward it was to expose a man to serious temporal risks. Excommunication still continued to be occasionally used in the spirit of genuine Christian fidelity, as by Ambrose in the case of Theodosius himself (390) ; but the temptation to wield it as an instrument of secular tyranny too often proved to be irresistible. In the formula used by Synesius (410), which is to be found in Bingham and in mo.it other works of reference, we already find the attention of magis trates specially called to the censured person. The history of the next thousand years shows that the magistrates were seldom slow to respond to the appeal. Even the hastiest survey of that long and interesting period enables the student to notice a marked development in the theory and practice of excommunication. One or two points may be specially noted. (1.) While it had been held as an un doubted principle by the ancient church that this sentence could only be passed on living individuals, whose fault had been distinctly stated and fully proved, we find the mediaeval church on the one hand sanctioning the practice of excommunication of the dead (Morinus, De Pcenit., x., c. 0), and, on the other hand, by means of the papal inter dict, excluding whole counties and kingdoms at once from every church privilege. The earliest well-authenticated instance of such an interdict is that which was passed (998) by Pope Gregory V. on France, in consequence of the contumacy of King Robert the Wise. Other instances are those laid respectively on Germany in 1102 by Gregory VII. (Hildebrand), on England in 1208 by Innocent III., on Rome itself in 1155 by Adrian IV. (2.) While in the ancient church the language used in excommunicating had been carefully measured, we find an amazing recklessness in the phraseology employed by the mediaeval clergy. The curse of Ernulphus or Arnulphus of Rochester (cir. 1100), which has been made familiar to most students of English literature, is a very fair specimen of that class of composi tion. With it may be compared the formula transcribed by Dr Burton in his History of Scotland (iii. 317 ff.). To the spoken word was added the language of symbol. By means of lighted candles violently dashed to the ground and extin guished the faithful were graphically taught the meaning of the greater excommunication, though in a somewhat mis leading way, for it is a fundamental principle of the canon law that disciplina est excommunicutio, non cradicatio. The first instance, however, of excommunication by &quot; bell, book, and candle&quot; is comparatively late (cir. 1190). At the Reformation the necessity for church discipline did not cease to be recognized ; but the administration of ib in many Reformed churches passed through a period of some confusion. In some instances the old episcopal power passed more or less into the hands of the civil magistrate (a state of matters which was highly approved by Eras t us and his followers), in other cases it was conceded to the presbyterial courts. In the Anglican Church the bishops (subject to appeal to the sovereign) have the right of ex communicating, and their sentence, if sustained, may in certain cases carry with it civil consequences. In the law of England sentence of excommunication, upon being properly certified by the bishop, was followed by the writ de excommunicate ca.piendo for the arrest of the offender. The statute 5 Eliz. c. 23 provided for the better execution of this writ. By the 53 Geo. III. c. 127 (which does not, however, extend to Ireland) it was enacted that &quot; excommunication, together with all proceedings following thereupon, shall in all cases, save those hereafter to be specified, be discontinued.&quot; Disobedience to or contempt of the ecclesiastical courts is to be punished by a new writ de contumace capiendo, to follow on the certificate of the judge that the defender is contumacious and in contempt. Sect. 2 provides that nothing shall prevent &quot;any ecclesi astical court from pronouncing or declaring persons to be excommunicate on definite sentences pronounced as spiritual censures for offences of ecclesiastical cognizance.&quot; No persons so excommunicated shall incur any civil penalty or incapacity whatever, save such sentence of im prison ment, not exceeding six months, as the court shall direct and certify to the Queen in Chancery. In Scotland, three degrees of church censure are recog nized admonition, suspension from sealing ordinances (which may be called temporary excommunication), and excommunication properly so called. Intimation of the las% namerl censure is occasionally (but very rarely) given by authority of a presbytery in a public and solemn manner, according to the following formula : &quot; Whereas thou N. hast been by sufficient proof convicted of (here mention the sin) and after due admonition and prayer remainest obstinate without any evidence or sign of true repentance : Therefore in the name of the Lord Jesus Christ, and before this congregation, I pronounce and declare thee N. excom municated, shut out from the communion of the faithful, debar thee from privileges, and deliver thee unto Satan for the destruction of thy flesh, that thy spirit may be saved in the day of the Lord Jesus.&quot; This is called the greater excommunication. The congregation are thereafter warned to shun all unnecessary converse with the excommunicate. (See Form of Process, c. 8.) Formerly excommunicated persons were deprived of feudal rights in Scotland: but in 1690 all Acts enjoining civil pains upon sentences of excommunication were finally repealed (Burton s llittory, vii. 435). (j. s. BL.) EXECUTORS AND ADMINISTRATORS, in the law of England, are those on whom the personal property of a deceased person devolves, according as he has or has not left a will. If a man dies and leaves a will, the person or persons named therein to carry out his intentions are his executors, and their title to the personality vests at the moment of the testator s death. If there is no will, the right of administering the personal estate of the deceased is granted, according to certain rules, by the court oi probate to persons who are called administrators. When the will contains no nomination of executors, administra tion is said to be granted &quot; with the will annexed.&quot; The title of the administrator vests at the date of the letters of administration, As to the appointment of executors and administrators before the establishment of the Court of Probate, see articles WILL and INTESTACY. The executors or administrators when appointed become the legal personal representatives of the deceased. As to powers and duties administrators stand in the same position as executors. It is the duty of an executor (1) to bury the deceased in a manner suitable to the estate he leaves behind him; extravagant expenses will not be allowed, but the payment of legitimate funeral expenses &quot; takes precedence of any debt or duty whatsoever;&quot; (2) to obtain probate of the will (or letters of administration) within six months after the death. (3) He must make an inventory of the personal estate of the deceased, whether in possession or outstand ing, and this inventory he is to deliver to the court on oath. He is to collect all the goods so inventoried and to commence actions which may be necessary to recover those which are outstanding. The executor is responsible to creditors for the whole of such estate, whether in possession or in action. (4) He must pay the debts of the deceased according to their several degrees of priority. An executor can, how ever, pay any debt due to himself by retaining it out if the fund before the other creditors are paid, except in the case of &n executor de son tort. And a creditor only gains a preference for himself over others of the same class by taking action and obtaining judgment for his debt. If tLe