Page:Ruffhead - The Statutes at Large, 1763.djvu/214

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168
Stat. 1.
Anno nono Edwardi I.
A.D. 1315.

&c. & sententiam excommunicationis, si quam hac occasione promulgaveritis, revocetis omnino. (2) The Answer. In such Case the King's Prohibition was never granted by the King's Assent, nor never shall, which hath decreed that it shall not hereafter lie in such Cases.

CAP. VI.
Where a Suit for one Offence may be prosecuted both in Court Spiritual and Temporal.

[1]ALSO if any Cause or Matter, the Knowledge whereof belongeth to a Court Spiritual, and shall be definitively determined before a Spiritual Judge, and doth pass into a Judgement, and shall not be suspended by an Appeal; and after, if upon the same Thing a Question is moved before a Temporal Judge between the same Parties, and it be proved by Witness or Instruments, such an Exception is not to be admitted in a Temporal Court. (2) The Answer. When anyone Case is debated before Judges Spiritual or[2] Temporal (as above appeareth upon the Case of laying violent Hands on a Clerk) it is thought, that notwithstanding the Spiritual Judgement, the King's Court shall discuss the same Matter as the Party shall think expedient for himself.[3][4]

  1. ↑ 2 Inst. 622.
  2. ↑ Read and.
  3. ↑ As it shall deem expedient.
  4. ↑ 4 Co. 16, 20.

CAP. VII.
In what only Case the King's Letters shall be sent to discharge an Excommunicate.

ALSO the King's Letter directed unto Ordinaries, that have wrapped those that be in Subjection unto them in the Sentence of Excommunication, that they should assoil them by a certain Day, or else that they do appear, and shew wherefore they have excommunicated them. (2) The Answer. The King decreeth, That hereafter no such Letters shall be suffered to go forth, but in case where it is found that the King's Liberty is prejudiced by the Excommunication.[1]

See postea c. 2. also 13 Rich. 2. stat. 2. c. 3. for the Penalty of bringing Excommunication for executing the Statute of Provisors. See farther 5 El. c. 23. for the due Execution of the Writ of Excommunicat' capiend.

  1. ↑ Regist. 65.; 2 Inst. 622.

CAP. VIII.
Clerks in the King's Service mail be discharged of their Residence, but shall be corrected by the Ordinary.

ALSO Barons of the King's Exchequer claiming by their Privilege, that they ought to make Answer to no Complainant out of the same Place, extend the same Privilege unto Clerks abiding there, called to Orders or unto Residence, and inhibit Ordinaries that by no Means, or for any Cause, so long as they be in the Exchequer, or in the King's Service, they shall not call them to Judgment. Privilege of the Exchequer.[1](2) The Answer. It pleaseth our Lord the King, That such Clerks as attend in his Service, if they offend, shall be correct by their Ordinaries, like as other; but so long as they are occupied about the Exchequer, they shall not be bound to keep Residence in their Churches. (3) This is added of new by the King's Council. The King and his Ancestors since Time out of Mind have used, That Clerks, which are employed in his Service, during such Time as they are in Service, shall not be compelled to keep Residence at their Benefices. (4) And such Things as be thought necefsary for the King and the Commonwealth, ought not to be said to be prejudicial to the Liberty of the Church.[2]

  1. ↑ 2 Inst. 623.
  2. ↑ Regist. 58.

CAP.

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