Excommunication and the Order of the Ecclesiastical Courts in Regency England

First, let us define “excommunication” in general terms. Excommunication is an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular those of being in communion with other members of the congregation, and of receiving the sacraments.

It is practiced by all of the ancient churches (such as the Catholic Church, Oriental Orthodox churches and the Eastern Orthodox churches) as well as by other Christian denominations; however, it is also used more generally to refer to similar types of institutional religious exclusionary practices and shunning among other religious groups.

The word excommunication means putting a specific individual or group out of communion. In some denominations, excommunication includes spiritual condemnation of the member or group. Excommunication may involve banishment, shunning, and shaming, depending on the group, the offense that caused excommunication, or the rules or norms of the religious community. The grave act is often revoked in response to manifest repentance.

In the Regency era, there were two types of excommunication: Lesser and greater.

In religious contexts, particularly within Catholicism, “greater” and “lesser” excommunication refer to different degrees of separation from the church. Lesser excommunication primarily restricts an individual from receiving sacraments, while greater excommunication entails a more severe exclusion from the church and its community

Lesser Excommunication: 

  • Restriction: Individuals are barred from participating in sacraments, especially the Eucharist (communion).
  • Remaining Connection: They may still be part of the church community, attending services, and receiving income from the church.
  • Purpose: It serves as a disciplinary measure, encouraging repentance and reconciliation. 

Greater Excommunication: 

  • Exclusion: Individuals are completely excluded from the church, its sacraments, and its community.
  • Symbolic Ritual: In some cases, a formal ceremony with candles may be involved.
  • Purpose: A more severe penalty, often for grave offenses, aiming to restore order and deter further transgressions. 

Some changes to practices were made in 1813 to permit the ecclesiastical courts to send people to the secular courts for contempt, instead of excommunicating them. Also, offenses involving church rites and tithes were to be sent to the secular courts, instead of through excommunication. One just deprives the offender of church services and sacraments–including marriage. This is pronounced in those who are obstinate and disobedient, such as not appearing at church court when summoned, not submitting to a penance, or not obeying another injunction of the court.

Lady Ferrers went to the House of Lords to request a separation from her husband the earl. She told them that her husband had no fear of the church courts or of being excommunicated so she feared he would not allow her to live in peace apart from him.

The greater excommunication deprived the man of church services and published his name abroad so that no church members who wanted to stay in good standing would have any communication or business with him. Those members were not to patronize his shop if he was a tradesman, for instance. He was not to be invited to dine or to visit or to attend a ball. Any member of the church in good standing was supposed to shun his society until he repent.

One could be excommunicated for refusing to have a child baptized, or for refusing to participate in the Lord’s Supper, or for idolatry, usury, simony, or perjury in the ecclesiastical courts. One could be excommunicated for fighting in church. Though the clergyman was to say that the person was excommunicated right then and there, it was truly necessary to have the bishop endorse the sentence to have any true effect. If a plaintiff is excommunicated, a defendant can tell the court so. He must do this before he answers the plaintiff. If he can prove the excommunication, he need not answer the plaintiff in court until the plaintiff has been admitted back into the good graces of the church.

All excommunicated persons were not to step into the church.

Obviously, anyone who pronounced himself an atheist and spoke out against the church could be excommunicated.

Other Sources:

The Steps for Excommunication

What Is Excommunication and Should Churches Practice It?

Why and How One is Excommunicated

One who refused to pay his tithes or who shortchanged the rector and vicar of their tithes could be excommunicated but after 1813 were likely to be sued in a secular court.

One guilty of defamation could be excommunicated.

One could also be excommunicated for refusing to go to church.

Those who socialize with a excommunicated person or trade with him can be excommunicated as well.

An excommunicated person could not be a witness in a court.

He could not be buried in church grounds. He could not have the burial service read over his body.

If a person be obstinate in refusing to answer or attend a church court, the church could ask the High Court of Chancery to sue out a writ which was to be answered in the Court of Kings’ bench. The writ is to be opened in King’s bench with all the justices present and handed to the sheriff to enforce. The Bench of Kings Court can put out notices to all and every sheriff and assize that the person is to be summoned if not found at the usual address. If it takes all these people and writs 

to find the person, he can be put into prison. he can be fined for not obeying.

If arrested he can’t have bail.

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About Regina Jeffers

Regina Jeffers is the award-winning author of Austenesque, Regency and historical romantic suspense.
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