case dr TREBEC versus keith February see Martin v Mackonochie Q b d SC on  appeal sub nom Mackonochie v Lord Penzance App Cas Lord Hardwicke overrule all  the exception upon a motion to quash the writ of significavit and hold there  be sufficient to warrant the court to issue the ex intercommunication to take  in hand vide ex part little post vol Mr Keith minister of mayfair chapel which  be a chapel of ease to saint George parish Hanoversquare of which the  plaintiff be the rector be cite into the bishop of London court for officiate  as a clergyman of the church of England without be licence by the bishop and  have be denounce excommunicate forty day for contumacy and contempt of the  ecclesiastical law upon the bishop certificate into chancery of this fact the  writ of significavit issue and at a former seal it be move to quash the writ  upon the follow exception first that the particular cause of the  excommunication be not set forth second No particular be mention in what  manner Keith officiate or perform divine service three that it be not say that  he have perform divine service since the monition fourthly it be not say that  at the time of the excommunication he officiate within the diocese of London  atkins er p five it be not say by what person or in what manner the  excommunication be pronounce six that it do not appear when the  excommunication be pronounce last exception be that air Keith be within the  toleration act the defendant have obtain a order nisi the plaintiff counsel  this day show cause why the writ shall not be quash in support of it be cite  the king versus Bunard p wms and for the exception the king versus foul salk  and the queen versus hill salk and   John trollop case atkins Lord chancellor  this be a case of as great consequence to the good government and discipline  of the church as can possible happen I can take notice of nothing but what  happen upon the significavit and the question before I be whether there be  sufficient to warrant the court to issue the writ of excommunicate to take in  hand now if this gentleman be out of the jurisdiction he be not without remedy  for he may go to a court of commonlaw after sentence as well as before the  first and material exception be that the particular cause of the  excommunication ought to be set forth it be not necessary for the  ecclesiastical court to show they have right proceed for if they have not you  have a remedy by appeal to a high ecclesiastical jurisdiction here be certain  a description of the principal cause and if some of the matter mention be  within the jurisdiction it be sufficient it be not like the case of the king  and foul which be hold uncertain as it be in the disjunctive tithe or other  ecclesiastical due so that it may be ecclesiastical due only if it have be  tithe and other ecclesiastical due it will have be well enough as to preach  there be no pretence for his do it without licence from the bishop the same as  to the administer of the sacrament and celebration of marriage for the canon  of confirm by act of parliament be express as to that matter here the ground  of the contumacy be describe special which be more than be necessary for where  the cause be sufficient it may be set forth general the second exception that  it be not mention in what manner Keith officiate or perform divine service and  therefore it may be in his own house or a private chapel but the word  officiate ought not to be so construe for read prayer or a sermon in a private  family be not perform divine service divine service be the expression make use  of in several act of parliament particular in the act of uniformity pound car  atkins cap sect iterate to the service in Welsh in several other act of  parliament that direct the read of proclamation the order be that it be read  after divine service the word officiate relate to his office as a presbyter  which must mean his do it in a public manner it be not indeed necessary for a  minister to have a licence from the bishop of the diocese for every particular  case but yet the bishop may suspend he whole where he be irregular till he  submit to perform his duty property and it be not here a description of the  cause but of the contempt only for which he have excommunicate he the four  exception that it be not say at the time of the excommunication he officiate  within that e diocese of London and therefore have be cite out of the diocese  contrary to the statute of h c it be not aver indeed that he be resident in  the diocese at the time of the excommunication pronounce but be say in the  libel to be within the diocese I will not presume he be not commorant when the  monition issue and to this point the case in p wms be proper cite there be  another answer to this objection that a man may be resident in one diocese and  come into another and commit the offence charge upon he in the significavit  and this for the purpose of be cite be a residence sufficient and he may be  prosecute in the diocese where lie commit the offence and unless he be so  consider there will be no remedy vide doctor blackmore case in hard Rep pl  Trin car the five exception that he be not say to be a person in holy order  who pronounce the sentence of excommunication atkins er p the averment in the  significavit be sufficient for the word be a person lawful authorize which  take in the capacity of the person do it six exception that it do not appear  when the excommunication be pronounce now the significavit only aver that he  continue contumacious but the terminus a quo and the terminus ad queen be  never set forth atkins the last exception be that Mr Keith be within the  toleration act the saint of W m c the act of toleration be make to protect  person of tender conscience and to exempt they from penalty but to extend it  to clergyman of the church of England who act contrary to the rule and  discipline of the church will introduce the utmost confusion Lord chancellor  declare that all the exception must be overrule