case Alanson against Brookbank a citation from the spiritual court on a libel  against a woman for incontinency be not that kind of process which by car c be  forbid to be serve or execute on a Sunday S c salk S c Carth Mr Northey move  for a prohibition to the ecclesiastical court of Durham this come before your  lordship upon a suggestion that whereas a libel be exhibit in the spiritual  court of Durham against a woman for live incontinent with my lord c see Carth  a now the around of our suggestion be for that this citation be serve on her  on a Sunday which be contrary to the express word of the car c by which it be  enact that no process whatever shall be serve upon a Sunday except in case of  treason felony or breach of the peace so that since the foundation of their  proceed be so irregular they ought not to go on any further indeed they  pretend that this citation be well enough serve for that it be fix upon the  churchdoor accord to the custom but as to that we say they have no authority  to fix the citation of any person on the churchdoor but when the party can be  cite personal and it do not appear here that this woman can not be personal  cite or that any attempt have ever be make to cite her personal so that this  citation have be whole irregular and consequent this woman have be wrongful  excommunicate and therefore we pray that she may be assoil then they object  that we may have insist on this Act of parliament in the spiritual court but  we say we be not bind to appear there by virtue of such a erroneous citation  it be against a Act of parliament and a citation be look upon to be as much a  process as any process whatsoever in any of the temporal court as appear by  Edward stat and therefore the one must be as much within the Act car c as the  other though indeed we have the opinion of the court of Durham that this Act  of parliament do not bind the spiritual modern court but I hope your lordship  will be of another opinion and think fit to grant a prohibition e contra I be  tell by the civilian that the law and custom of the ecclesiastical court be to  fix the citation on the churchdoor and that this be sufficient without any  personal service and that this have be the constant practice both before and  since the statute of king Charles the second and we defy they to show any  precedent wherever any prohibition have be at any time grant since the make of  the statute which be a great many year ago Northey that be no objection for  though the custom have be so practice ever since the make of that statute yet  we say it have be a mischievous practice and therefore it be high time now to  have it redress holt chief justice indeed the great question be whether the  Act of parliament extend to this process which be use to be serve in such a  manner by the fix of it at the churchdoor before the make of the statute and  suppose the ecclesiastical law be and have always be to serve this process on  a Sunday shall these general word in the statute take away their law there may  be some case to which the statute may not extend as for instance there be a  proclamation to be make on a Sunday at the churchdoor by the statute of  Elizabeth c now this be not take away by the general word of the statute the  reason of serve the citation in such a manner on a Sunday may be for that they  can do it as well on any other day in the week but the case seem to be  different in the execution of modern er p other temporal process which may  have be as well serve on any other day as on a Sunday so that it do not seem  to be the intent of the statute to take away the serve this process in such  manner but I do not like your partiality in the spiritual court for prosecute  the woman only and not my lord c pray why shall not you prosecute he as well  as the woman if they be both equal guilty?The court hold that the car c do not  extend to this kind of process or to summons at the churchdoor S c salk S c  Mod and therefore on the last day of the term although it appear by the return  of the apparitor that he serve it personal on a Sunday a prohibition be deny S  c Carth but comens chief baron in abridge this case say that although a  citation may be publish on the churchdoor on a Sunday accord to the usage of  the spiritual court yet it can be serve upon the person on a Sunday Com dig  Temps b in the case of Walgrave v tailor mich will however the above decision  videlicet the service of a citation upon a Sunday be recognize by holt chief  justice as good law and no notice be take of the distinction mention by the  chief baron ld ray S c Mod a