case Davy baker against gough excommunication may be plead in abatement after  the last continuance day but the time when it issue and the identity of the  party must be aver SC more   light a Lut lev Mod vent post vent term Rep    light a Plowd b trover the plaintiff as farmer to Lord Abergavenny bring the  action for certain corn in the county of Oxford for the trial of a title of  land in the county of Monmouth the party be at issue and the jury ready at the  bar to try it the defendant plead that this inquest ought not to be take for  that after the last continuance and before issue join the foresay Davie baker  be excommunicate et profert the letter of the bishop of llandaff ordinary of  the place where the excommunication be testify it and the letter of  excommunication be enter upon the plea and bear date October James recite that  he be excommunicate for recusancy to this plea the plaintiff demurrer because  he do not show in the plea nor in the letter when he be excommunicate and  peradventure it may be before the last continuance and then it be not any plea  William justice every plea dilitory or in abatement ought to be certain to  every intent b but a plea in bar certain to a common intent be good and for  this point he rely upon Henry pl and Henry where it be say that the time of  excommunication ought to be show for the reason abovesaid also it be not aver  by the plea or otherwise that Davie baker the plaintiff and the baker who be  name in this excommunication be one and the same person for he do not say  predict croak throw Popham chief justice be absent the other justice will  advice thereof and the jury be adjourn until the next day when letter of  absolution be show for the plaintiff but the court hold that they be not  sufficient because they be after the demurrer and bare testae after the jury  return also for that they be under the testae of the archbishop whereas it  ought to have be under the testae of the same bishop who excommunicate he a  but for the matter all the justice agree that the plea be not good for the  reason before because the day of excommunication ought to be show certain to  the court whereby the court may adjudge thereupon for the time be traversable  Popham chief justice aid William hold the second exception to be ill but the  other justice doubt thereof but upon the first point it be resolve that the  plea be ill and thereupon the jury be take who find for the plaintiff b by and  whether c S no dilatory plea shall be receive unless the party by affidavit  prove the truth of it c see will a more croak James er p