The Queen against David Jones
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1839 |
| Date | 01 January 1839 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 218
IN THE COURT OF QUEEN'S BENCH.
Referred to, Dale's case, 1881, 6 Q. B. D. 416.
[576] the queen against david jones. 1839. The surrogate of the bishop's official principal is not the proper party to signify the contumacy of a defendant in a suit before him as Judge of the Consistory Court; and this both before and after stat, 53 G. 3, c. 127; and, where defendant is taken under a contumace capiendo issued upon such certificate, this Court will discharge him out of custody. [Referred to, Dak's case, 1881, 6 Q. B. D. 416.] Chilton, in Easter term last, obtained a rule to shew cause why the writ of contumace capiendo, issued in this case, should not be set aside for irregularity, with costs, and the defendant be discharged out of custody under the writ, and the prosecutor pay the costs of the application. The grounds of the application were, that the excommunication was certified by a surrogate only, and not by the vicar general himself, or in the name of the bishop, and that the certificate did not suffi- (b)1 In both these cases, there were writs against Yewens. (a) It is not thought necessary to report this case more fully. (i)a See Pearson v. Yewens, 5 New Ca. 489, 567 ; Hall v. Hawkins, 4 M. & W. 590; Watson v. Carroll, 4 M. & W. 592; Robinson v. Yewens, 5 M. & W. 149. 10 AD. ft E. 576. THE QUEEN t'. JONES 219 ciently set forth the cause of the commitment, or shew the jurisdiction, of the Ecclesiastical Court. There were also affidavits on both sides upon the merits; but they were not discussed, the objection turning wholly on the form of the writ. In last Trinity term (a), (a) Wednesday, May 22d. Before Lord Denman C.J., Littledale, Patteson, and Williams Js. The following is a copy of the writ de contumace capieudo, reciting the certificate of the ecclesiastical Judge. " Victoria, by the grace of God, &c. to the Sheriff of Carmarthenshire, greeting. David Archard Williams, clerk, surrogate aad representative of Augustus Peehell, Esquire, Master of Arts, vicar general and principal official of the Right Eeverend Father in God John Banks, by divine permission Lord Bishop of Saint David's, lawfully constituted and appointed the sole Judge of the Ecclesiastical and Consistory Court in Carmarthen, in and for the diocese of St. David's aforesaid, hath signified to us that one David Jones of Placenewydd in the parish of Llannon in the county of Carmarthen and diocese aforesaid, husbandman, is manifestly contumacious, and contemns the jurisdiction and authority of the law and jurisdiction ecclesiastical, in not obeying the lawful commands of the said D. A. Williams, the Judge of the said Court, to pay or cause to be paid to the .Reverend Ebenezer Morris, clerk, curate, and incumbent of the parish and parish church of...
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