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.

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; Nance v. Busby, 91 Tenn. 303, 18 S. W. 874, 15 L. R. A. 801. In early times It was the most frequent and the most severe method of executing ecclesiastical censure, although proper to be used, said Justinian (Nov. 123), only upon grave occasions. The effect of it was to remove 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 Cajsar (lib. 6, de Bell. 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 Are and water. Fr. Duaren, De Sacris Eccles. Ministeriis, lib. 1, cap. 3. See Ridley, View of the Civil and Ecclesiastical Law 245. It was the process by which the English ecclesiastical courts enforced their process. If the excommunicate did not submit within 40 days, the court signified the fact to the crown and thereon a writ excommunicato capiendo issued to the sheriff, who took and imprisoned the offender till he submitted. When he submitted, the bishop signified this fact, and a writ de excommunicato deliberando (to release an excommunicate) issued. An excommunicate could not serve upon juries, be a witness in any court, or bring an action, real or personal. In 1813 the writ de contumace capiendo was substituted to enforce appearance and punish contempt, the rules applicable being the same as before. Excommunication is still a punishment by the earlier writ for offences of ecclesiastical cognizance, but the only penalty is imprisonment not exceeding six months; 1 Holdsw. Hist. E. L. 400. For the form of the writ see id. 433. 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 Bla. Com. 415; Bac. Abr. Excommunication, E. See Cro. Eli/.. 224, 680; Cro. Car. 421; Cro. Jac. 567; 1 Salk. 293.

In English law. An ecclesiastical interdict by which one is cut off from communion with his church.

[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.