Excommunication

In ecclesiastical law

An ecclesiastical sentence pronounced by a spiritual judge against a Christian man, by which he is excluded from the body of the church, and disabled to bring any action or sue any person in the common-law courts.

Bac. Abr.; Co. Litt. 133, 134.

In early times it was the most frequent and most severe method of executing ecclesiastical authority. It separated the excommunicated person not only from the sacred rites, but from the society of men. In a certain sense it interdicted the use of fire and water, like the punishment spoken of by Caesar (lib. 6, de Bello Gall.) as inflicted by the Druids. Innocent IV. called it the nerve of ecclesiastical discipline. On repentance, the excommunicated person was absolved and received again to communion. These are said to be the powers of binding and loosing, — the keys of the kingdom of heaven. This kind of punishment seems to have been adopted from the Roman usage of interdicting the use of fire and water. Pr. Duaren de Sacris Eccles. Ministeriis, lib.

1, c. 3. See Ridley, Civ. & Ecc. Law, 245, 246, 249.

EXCOMMUNICATO CAPIENDO (Lat. for taking an excommunicated person).

In ecclesiastical law

A writ issuing out of chancery, founded on a bishop's certificate that the defendant had been excommunicated, returnable to the king's bench.

4 Bl. Comm. 415; Bac. Abr. "Excommunication" (E). See St. 3 Edw. I. c. 15; 9 Edw. II. c. 12; 2 & 3 Edw. VI. c. 13; 5 & 6 Edw. VI. c. 4; 5 Eliz. c. 23; 1 Hen. V. c. 5; Cro. Eliz. 224, 680; Cro. Car. 421; Cro. Jac. 567; 1 Vent. 146; 1 Salk. 293-295.