PART IV. CLASS XXIV. 13 Edward I. stat. 4. Cases wherein the King's Pro hibition doth not lie. Tithes and Pension. Defamation. Ecclesiastical and Maritime Courts. [No. I.] 13 Edward I. stat. 4.-Certain Cases wherein the King's Prohibition doth not lie. THE HE King to his Justices sendeth greeting. Use yourselves circumspectly in all matters concerning the Bishop of Norwich and his clergy, not punishing them if they hold pleas in court Christian of such things as be meer spiritual, that is to wit, of penance enjoined by prelates for deadly sin, as fornication, adultery, and such like, for the which sometimes corporal penance and sometimes pecuniary is en'joyned, specially if a freeman be convict of such things. Also if prelates do punish for leaving the churchyard unclosed, or for that the church is uncovered, or not conveniently decked, in which cases none 'other penance can be enjoyned but pecuniary. Item, If a parson demand tithes greater or smaller, so that the fourth part of the value of the benefice be not demanded. Item, If a parson demand mortuaries in places where a mortuary hath been used to be given. Item, If a prelate of a church demand of a parson a pension due to him, all such demands are to be made in a spiritual court. And for laying violent hands on a clerk, and in cause of defamation, it hath 'been granted already, that it shall be tried in a spiritual court, when 'money is not demanded, but a thing done for punishment of sin. In all cases afore rehearsed, the spiritual judge shall have power to take knowledge, notwithstanding the King's prohibition.' In omnibus istis casibus habet judex ecclesiasticus cognoscere regia prohibitione non obstante licet porrigatur ob quod impetrant laici prohibitionem in genere super decima oblationibus mortuar' redemptionibus penitentiarium violenta manuum injectione in clericum et conversum et in causa diffamationis in quibus casibus agitur ad penam canonicam capiend'. Respondit dominus rex ad istos articulos quod in decimis obventionibus oblationibus mortuar' quando agitur ut predictum est prohibitioni non est locus. Et si clericus vel religiosus decimas suas in horreo congregatas vel alibi existentes vendiderit pro pecunia alicui et implacitetur in cur' Christianitatis locum habet regia prohibitio quia per venditiones res spirituales sunt temporales et sic transeunt decime in catallis. Item si contentio sit de jure decimarum originem habens de jure patronatus et earum decimarum quantitas excedat quartam partem ecclesie locum habet regia prohibitio. Item si prelatus imponat penam pecuniariam alicui pro peccato et petat illam pecuniam locum habet regia prohibitio si coram prelatis pecunia exigatur. Item si quis manus violentas injecerit in clericum pro pace domini regis debent emende fieri coram rege pro excommunicatione vero coram episcopo et si imponatur pena corporalis quam si reus velit redimere dando prelato vel leso pecuniam potest nec in talibus locus est prohibitioni. In diffamationibus liberorum corrigant prelati regia prohibitione non obstante licet porrigatur, No. II. [ No. II. ] 24 Edward I.-In what Case a Consultation 24 Edward I. is grantable. "WHEREAS ecclesiastical judges have often surceased to proceed in causes moved before them, by force of the King's writ of prohibition, in cases wherein remedy could not be given to complainants in the King's court, by any writ out of the Chancery, whereby such plaintiffs were deferred of their right and remedy in "both courts, as well temporal as spiritual, to their great damage, like as the King hath been advertised by the grievous complaint of his "subjects:" Our Lord the King willeth and commandeth, That where ⚫ ecclesiastical judges do surcease in the aforesaid cases, by the King's ⚫ prohibition directed unto them, that the chancellor or the chief justice of our Lord the King for the time being, upon sight of the libel of the same matter, at the instance of the plaintiff (if they can see that the case cannot be redressed by any writ out of the Chancery, but that the spiritual court ought to determine the matters) shall write to the ecclesiastical judges, before whom the cause was first moved, that they proceed therein, notwithstanding the King's prohibition directed to them before.' 4 [No. III. ] 9 Edward II. stat. 1.-De diversis Libertatibus Clero concessis. 44 HE King to all to whom, &c. sendeth greeting. Understand ye, "THE That whereas of late times of our progenitors sometimes Kings “of England, in divers their parliaments, and likewise after that we had "undertaken the governance of the realm, in our parliaments many "articles containing divers grievances (committed as therein was said against the Church of England, the prelates and clergy) were propounded by the prelates and clerks of our realm; and further, great "instance was made that convenient remedy might be provided therein: "And of late in our Parliament holden at Lincoln, the ninth year of our "reign, we caused the articles underwritten, with certain answers made "to some of them heretofore, to be rehearsed before our council, and "made certain answers to be corrected; and to the residue of the "articles underwritten, answers were made by us and our council; "of which said articles, with the answers of the same, the tenors here "ensue." (A) c. 1.-No Prohibition shall be granted where Tythes be demanded, where Money is paid for them. FIRST, whereas laymen do purchase prohibitions generally upon tythes, obventions, oblations, mortuaries, redemption of penance, "violent laying hands on clerks or converts, and in cases of defama"tion, in which cases spiritual penance ought to be enjoined;"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. 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 chattels.' (B) c. 2.-Debate upon the Right of Tythes exceeding the Fourth Part. Enjoining Penance Corporal or Pecuniary. 9 Edward II. stat. 1. 9 Edward II. stat. 1. c. 1. 268 No. III. 9 Edward II. stat. 1. c. 2. 9 Edward II. stat. 1. c. 3. 6 ALSO if debate do arise upon the right of tythes, having his original (C) c. 3.-Laying violent Hands upon a Clerk. Excom munication for Penance Corporal. MOREOVER, if any lay violent hands on a clerk, the amends for the peace broken shall be before the King, and for the excom'munication 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.' 9 Edward II. stat. 1. c. 5. 9 Edward II. 9 Edward II. IN (D) c. 4.—Prelates may correct for Defamation. defamations also prelates shall correct in manner abovesaid, the King's prohibition notwithstanding.' (E) c. 5.-No Prohibition where Tithe is demanded of a new Mill. 66 "ALSO if any do erect in his ground a mill of new, and after the (F) c. 6.-Where a Sult for one Offence may be prosecuted both in Court Spiritual and Temporal. ALSO if any cause or matter, the knowledge whereof belongeth to a court spiritual, and shall be definitively determined before a spi"ritual judge, and doth pass into a judgment, and shall not be sus"pended 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 ad'When any one case is "mitted in a temporal court." The answer. 'debated before judges spiritual and temporal (as above appeareth upon the case of laying violent hands on a clerk) it is thought, that ⚫ notwithstanding the spiritual judgment, the King's court shall discuss 'the same matter as it shall deem expedient.' (G) c. 7.-In what only Case the King's Letters shall be sent to discharge an Excommunicate.. LSO the King's letter directed unto ordinaries, that have wrapped those that be in subjection unto them in the sentence of excom"munication, that they should assoil them by a certain day, or else that No. III. "they do appear, and shew wherefore they have excommunicated "them." The Answer. The King decreeth, That hereafter no such 9 Edward II. "letters shall be suffered to go forth, but in case where it is found that st. 1. c. 7. "the King's liberty is prejudiced by the excommunication.' (H.) c. 8.-Clerks in the King's Service shall be discharged of their Residence, but shall be corrected by the Ordinary. (I) c. 9.-Distresses shall not be taken in the Highways, nor in the ancient Fees of the Church. (J.) c. 10.-They that abjure the Realm shall be in peace so long as they be in the Church or Highway. (K) c. 11.—Religious Houses shall not be charged by Compulsion with Corrodies, Pensions, Resort, or taking of their Horses or Carts. (L) c. 12.-A Clerk excommunicate may be taken out of the Parish where he dwelleth. 66 ALSO if any of the King's tenure be called before their ordinaries out of the parish where they continue, if they be excommuni"cate 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." The answer. 'It was never yet denied, nor shall be hereafter.' (M.) c. 13.-The Examination of a Parson presented to a Benefice belongeth to a Spiritual Judge. 9 Edward II. stat. 1. c. 12. stat. 1. c. 13. "ALSO it is desired that spiritual persons, whom our Lord the King 9 Edward 11. doth present unto benefices of the church (if the bishop will "not admit them either for lack of learning, or for other cause rea"sonable) may not be under the examination of lay persons in the cases "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." The Answer. Of the ability of a parson presented unto a benefice of the church, the examination belongeth to a spi‹ ritual judge, and so it hath been used heretofore, and shall be hereafter.' (N.) c. 14.-There shall be free Election of Dignities of the Church. (O.) c. 15.—A Clerk fleeing into the Church for Felony, shall not be compelled to abjure. (P.) c. 16.-The Privilege of the Church being demanded |