coke a John trollop case mich James a excommunication must be certify by the  bishop and not by his official or commissary for the bishop be the immediate  officer to the court and none shall certify a excommunication whereby any  shall be disable but he to who the court may write to absolve the party  excommunicate a certificate direct to a particular court and in a particular  manner shall not be extend further the certificate ought not to be general but  ought to show the specialty of the cause for which the party be excommunicate  the bishop must certify that which have be sentence in his own court and not  in another court if the bishop make a certificate and die before it be receive  it be a nullity but his successor ought to certify if the bishop be in to move  back ritual the vicargeneral may certify a excommunication a bishop may  certify after election and before consecration queen if a pardon of all  contempt c discharge a person from a excommunication S C cro James Lancelot  Richeson bring debt on a bind of by quo minus in the exchequer against John  Trollop Esq and upon issue and verdict have judgement against Trollop upon  which Trollop bring a writ of error against the say Richeson coke report b er  p who plead a excommunication et profert hic in curian litter clement Colnor  law teacher aweinspiring in christos father Tobi recently dunelm Episcopi vic  in Of general et official first legitime fulciti seal consist dunelm mark  videlicet Clemens Colnor c whole world et one clericisetliteratis whoever per  totem dicesin dunelm ubilibet constitute salut and recite that he do proceed  against he for recusancy and that near Self stubbornness in non comparend c be  lawful cite and forewarn he be excommunicate thou therefore tenore prsentium  mandamus quatenus prfat john Trollop such ut to let go per our excommunicate  to be et be in church your parochial a day of et other festivis etcetera  public denuncietis et cum execution to disclose etcetera and demand judgement  if he shall be answer the plaintiff say that after the say excommengement the  king by his general pardon in his parliament year do pardon all contempt c and  all that he may pardon and aver that neither the offence nor the person c be  except c upon which the defendant in the writ of error do demurrer in law and  it be resolve by the court and the two chief justice that the say plea of  excommunication be insufficient for two cause because the excommengement be  certify by the official or commissary of the bishop where it ought to be  certify by the a brown   light a e a bishop who be the immediate officer to  the court for none shall certify a excommunication whereby any shall be  disable but he to who the court may write to absolve he who be excommunicate  as the bishop guardian of the b f n b n b spiritualties c and therewith agree  the book in the point in e Excommengement Edward Excommengement ass p c  Fitzherbert excom Br excom Br certificate deal evesque c h a d Br excom Br  certificate deal evesque d h e Br excom Fitzherbert excom e e a f Fitzherbert  excom Br excom f h a b vide h a Hank that it be so ordain by the g Fitzherbert  excom   light g parliament h Fitzherbert excom Br excom Br nonability h Edward  b a f n b c a but coke b the I Reg Orig b I chancellor of the university of  Cambridge or Oxford may certify a excommunication for they do it by the king  charter Reg f n b c if the bishop himself have certify it yet it have be  insufficient for the direction ought to be either to h a Fitzherbert excom Br  excom Bac ab excom c this court in particular or at least whole world sanct  matris church son but in the case at bar it be direct universes et singu  cleretliterat whoever per in person dicesin dunelm ubilibet constitute by  which particular direction this court be exclude as a certificate of a  excommunication in the chancery shall not serve in any other court neither  shall a king Fitzherbert excom   light a e b king protection direct to one  court serve in another for always a certificate direct to a particular court  and in a particular manner shall not be extend far and therewith agree l Br  excom Fitzherbert excom l h a m Fitzherbert excom Br excom Br excom m e and it  be object that a excommunication be a spiritual judgement and therefore the  temporal judge shall not dispute upon the manner of it to which it be answer  and resolve that the judge of the commonlaw shall adjudge upon the manner and  in some case of the matter also of the certificate in case of excommunication  as if the bishop himself be sue and he plead a excommunication n Br excom  Swinb h b   light a Br nonabil Cawly n by himself or his commissary who be as  his deputy although it be for another cause than be then in question it shall  not disable the plaintiff because be himself be party and therewith agree e  excom e excom e e e coke report a er p h b h a a also if a prohibition be  bring against a bishop and be show forth the letter of the archbishop that the  plaintiff be excommunicate near a to visit stubbornness without show any cause  in special of the excommunication it shall not disable the plaintiff the same  law if any other be defendant in any action and will disable the plaintiff by  excommunication he ought to show the bishop certificate contain the specialty  of the principal cause for which the plaintiff be excommunicate to the end  that the judge of the law may know whether the spiritual court have conusans  of the original cause and if the excommunication be against law the court  ought to write to they to absolve the party which they can do if the  certificate be general and if the bishop refuse it his temporalties at the  commonlaw shall be seize Edward a e b Edward excom h b and in h b hanks there  say that a b doctor of the civil law tell he that no letter of certificate of  excommunication although it be of the bishop shall be allow if the principal  cause be not contain in the writ f n b f the bishop ought to express the cause  and suit against the plaintiff special in the certificate vide h b mistake in  the report for the opinion there be reform in h as appear before vide Fleta  lib west cap also the bishop ought to certify that which have be sentence in  his own court and not in another court and therefore he can certify that c  another bishop have certify to he or that he have see a sentence of  excommunication make by another bishop coke a but the bishop may certify a  excommengement make by his commissary or official for that the bishop court  and his commissary do be in his right f n b a e excom h b h b if the bishop  make a certificate and d   light a vide e a e b Bac ab excom c d die before it  be receive it be nothing worth but his successor ought to certify it f n b e  excom e ibidem but note reader that in some case the vicar general may certify  a excommengement but that be when the bishop be in e   light a f n b n e to  move back ritual which be as much as to say extra kingdom in the king service  but the court will be apprise of it by matter of record sure by writ out of  the chancery direct to they and not by the surmise of the party and then for  necessity which be always the law of time for coke report b er p need be law  time the certificate of the vicar general shall be allow because no other can  make it and therewith agree Edward a   light a f n b n a f n b and after a  bishop be elect and before he be b roll Rep f n b n latch b consecrate may  certify a excommengement for the power of the guardian of the spiritualties  palm cease after he be elect by the king congee de eslire and therefore for  necessity he ought to certify it f n b n and register and it be to be know  that when a plea of excommengement be allow the writ shall not abate but the  entry be c light S ante b   light b c quod to stay behind speech without die  until what time c h Edward ass p the point in law in the case at bar if the  certificate have be good be if the general d Cr James d pardon discharge a man  excommunicate of the ex communication or not and by the award of the court the  defendant be rule to answer over b it seem the general pardon will have  discharge the excommunication king and Codrington v Redman cro car sc w joy  bishop of Exeter v star lev Gib cod burn ecclesiastical law vol two p now by  stat Geo c S excommunication together with all proceed follow thereupon except  in certain case in the Act specify shall be discontinue by S the  ecclesiastical court may excommunicate in definitive sentence or interlocutory  degree have the force and effect of definitive sentence such sentence or  decree be pronounce as spiritual censure for offence of ecclesiastical  cognizance by S no person so pronounce excommunicate shall incur any civil  enalky or incapacity whatever save such imprisonment not exceed six month as  the ecclesiastical court shall direct Vid upon the subject of excommunication  Bac ab excom Com dig excom vin ab excom burn ecclesiastical law vol two p  title excommunication b note it appear by f n b the register and many other  book that even after his election c he be not to be name bishop until the king  have give he the temporalties of the bishopric for these only make he a bishop  so that a bishop here in England be a mere temporal magistrate by the  commonlaw vide   note to former edition