Page:Ruffhead - The Statutes at Large, 1763.djvu/213

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A.D. 1315.
Anno nono Edwardi II.
Stat. 1.
167

lent laying Hands on Clerks or Converts, and in Cases of Defamation, in which Cases Spiritual Penance ought to be enjoined; (2) the King doth answer to this Article, That in Tythes, Oblations, Obventions, Mortuaries (when they are propounded under these Names) the King's Prohibition shall hold no Place, although for the long withholding of the same the Money may be esteemed at a Sum certain. (2) But if a Clerk or a religious Man do sell his Tythes being gathered in his Barn, or otherwise, to any Man for Money, if the Money be demanded before a spiritual Judge, the King's Prohibition shall lie; for by the Sale the spiritual Goods are made temporal, and the Tythes turned into Chattles.[1]

See c. 2 & 5. By 18 Ed. 3. stat. 3. c. 3. no Prohibition but where the King hath Cognizance. See farther 50 Ed. 3. c. 4.  2 H. 5. stat. 1. c. 3.

  1. ↑ Rast. 484, &c.; 2 Inst. 619.

CAP. II.
Debate upon the Right of Tythes exceeding the Fourth Part. Enjoining Penance Corporal or Pecuniary.

[1]ALSO if Debate do arise upon the Right of Tythes, having his Original from the Right of the Patronage, and the Quantity of the same Tythes do come unto the fourth Part of the Goods of the Church, the King's Prohibition shall hold Place, if the Cause come before a Judge Spiritual. (2) Also if a Prelate enjoin a Penance Pecuniary to a Man for his Offence, and it be demanded, the King's Prohibition shall hold Place. (3)*nbsp;But if Prelates enjoin a Penance Corporal, and they which be so punished will redeem upon their own Accord such Penances by Money, if Money be demanded before a Judge Spiritual, the King's Prohibition shall hold no Place.[2]

  1. ↑ 2 Inst. 619.
  2. ↑ Co. 465.; Regist. 35.

CAP. III.
Laying violent Hands upon a Clerk. Excommunication for Penance Corporal.

[1]MOreover, if any lay violent Hands on a Clerk, the Amends for the Peace broken shall be before the King, and for the Excommunication before a Prelate, that Penance Corporal may be enjoined; which if the Offender will redeem of his own good Will, by giving Money to the Prelate, or to the Party grieved, it shall be required before the Prelate, and the King's Prohibition shall not lie.[2]

  1. ↑ Regist. 51, 52, 57.
  2. ↑ 2 Inst. 620.

CAP. IV.
Prelates may correct for Defamation.

[1]IN Defamations also Prelates shall correct in Manner abovesaid, the King's Prohibition notwithstanding; first injoyning a Penance corporal, which if the Offender will redeem, the Prelate may freely receive the Money, though the King's Prohibition be shewed.[2][3]

  1. ↑ 4 Co. 20.; 2 Inst. 620.; Regist. 49.
  2. ↑ Not in orig.
  3. ↑ Rast. 487, &c.

CAP. V.
No Prohibition where Tithe is demanded of a new Mill.

[1]ALSO if any do erect in his Ground a Mill of new, and after the Parson of the same Place demandeth Tithe for the same, the King's Prohibition doth issue in this Form: Quia de tali molendino hactenus decimæ non fuerunt solutæ, prohibemus,

&c.

  1. ↑ 2 Inst. 621.; 1 Roll. 405.; 2 Roll. 84.
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