a be excommunicate for contumacy and a Writ of de excommunicate capiend award  it be move for a supersedeas to the Writ by reason that the equity case  abridge er p significavit be general and uncertain but it be say by the Lord  chancellor that a supersedeas can not be grant on that ground but if the  excommunication be not for any of the offence within the statute Elizabeth and  the significavit do not express the same the remedy express appoint upon that  statute be a habeas corpus and upon the return of it the party shall be  discharge but it be then allege that a appeal be bring and security give to  prosecute it with effect a supersedeas be award the Lord chancellor say that  the appeal be a supersedeas of itself mich the king versus sneller Russel all  upon a motion make for a supersedeas to a Writ de caution to send to for that  they have take a Writ to the sheriff without any affidavit file that the  bishop refuse to admit the caution for that reason a supersedeas be award and  the Lord keeper declare that find this court often trouble for writ de caution  to send to he think the right of it be that if there be a sentence for a man  to pay money or do any other thing in the spiritual court a man ought first to  perform that before he be admit to his Writ de caution to send to for it be in  vain to take security to appear order church while a man refuse the sentence  but the reporter add a quaere for suppose a man be excommunicate for not come  to church or not receive the sacrament how can he do that till his caution be  admit and he absolve hill archbishop of York versus vern a excommunicate to  take in hand have be award be on motion supersede before the return of it for  the generality of the significavit whereon it be award which be only that the  party be excommunicate in a certain causan appellationis complaint for the  chancellor hold clear that till the return of the Writ the court of king bench  can relieve he and if this court can help he neither till the return of the  Writ he must in the mean time he in prison and this he be clear in without  enter into the question which be make in this case whether after the Writ  return and file in b r accord to the statute Elizabeth that court have not the  sole power of proceed on it for till the Writ return and file there they have  nothing to do with it either by equity case abridge way of quash or supersede  it on motion and two precedent be cite Geo where such writ have be supersede  because improvident stay away before the return in b b and he say the case of  king and foul and of the bishop of saint David salk may be good law as they be  after the writ return and file and yet this court can not be oust of its  jurisdiction in the mean time before the return and fill of the Writ in b r  and Lord chancellor say that at commonlaw the excommunicate to take in hand be  not returnable till the pluries but go first and then a alias and if that not  obey then a pluries and if not then return then a attachment to the sheriff  hill Barlow and Collins