Excommunication

[L. Lat. excommunicatio; from ex, from, and communicatio, communion.] In English law. An ecclesiastical interdict or censure, by which a man is cut off from communion with his church. It is described to be twofold, the less and the greater. The less excommunication is that by which a party is excluded from the participation of the sacraments; the greater proceeds further, and excludes him not only from these, but also from the company of all christians.

Co. Litt. 133 b. 3 Bl. Com. 101.

Formerly, too, an excommunicated man was disabled to do any act, that was required to be done by a probus et legalis homo. He could not serve upon juries; could not be a witness in any court, and, what was worst of all, could not bring an action, either real or personal, to recover lands or money due to him.

But now, by statute 53 Geo. III. c. 127, s.

3, no person who shall be pronounced excommunicate, shall incur thereby any civil penalty or incapacity whatever, save such imprisonment, not exceeding six months, as the court so excommunicating such person shall pronounce.

3 Steph. Com. 721. 3 Bl. Com. 102.