Page:Ruffhead - The Statutes at Large, 1763.djvu/216

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170
Stat. 1.
Anno nono Edwardi II.
A.D. 1315.

now is. And like Remedy shall be done for Corodies and Pensions exacted by Compulsion, whereof no Mention is made in the Statutes.

CAP. XII.
A Clerk excommunicate may be taken out of the Parish where he dwelleth.

[1]ALSO if any of the King's Tenure be called before their Ordinaries out of the Parish where they continue, if they be excommunicate for their manifest Contumacy, and after Forty Days a Writ goeth out to take them, they pretend their Privilege, that they ought not to be cited out of the Town and Parish where their Dwelling is; and so the King's Writ that went out for to take them is denied. (2) The Answer. It was never yet denied, nor shall be hereafter.

  1. ↑ 2 Inst. 630.

CAP. XIII.
The Examination of a Parson presented to a Benefice belongeth to a Spiritual Judge.

[1]ALSO it is desired that Spiritual Persons, whom our Lord the Kingdom present unto Benefices of the Church (if the Bishop will not admit them either for lack of Learning, or for other Cause reasonable) may not be under the Examination of Lay Persons in the Cafes aforesaid, as it is now attempted, contrary to the Decrees Canonical, but that they may sue unto a Spiritual Judge for Remedy, as Right shall require. [2](2) The Answer. Of the Ability of a Parson presented unto a Benefice of the Church the Examination belongeth to a Spiritual Judge; and so it hath been used heretofore, and shall be hereafter.[3]

  1. ↑ 2 Inst. 631.
  2. ↑ 4 Mod. 135.
  3. ↑ Regist. 53.

CAP. XIV.
There shall be free Election of Dignities of the Church.

[1]ALSO if any Dignity be vacant, where Election is to be made, it is moved that the Electors may freely make their Election without Fear of any Power Temporal, and that all Prayers and Oppressions shall in this Behalf cease. (2) The Answer. They shall be made free according to the Form of Statutes and Ordinances.

  1. ↑ 2 Inst. 632. 3 Ed. 1. c. 5.

CAP. XV.
A Clerk fleeing into the Church for Felony, shall not be compelled to abjure.

MOreover, though a Clerk ought not to be judged before a Temporal Judge, nor any Thing may be done against him that concerneth Life or Member; nevertheless Temporal Judges cause that Clerks fleeing unto the Church, and paradventure confessing their Offences, do abjure the Realm, and for the same Cause admit their Abjurations, although hereupon they cannot be their Judges, and so Power is wrongfully given to Lay Persons to put to Death such Clerks, if such Persons chance to be found within the Realm after their Abjuration; the Prelates and Clergy desire such Remedy to be provided herein, that the Immunity or Privilege of the Church and Spiritual Persons may be saved and

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