THE ECCLESIASTICAL STATUTES AT LARGE. ECCLESIASTICAL COURTS, ENGLAND. Cases where doth not lie. 7 Co. 44. 13 EDWARD 1, STAT. 4. CIRCUMSPECTE AGATIS.-Certain cases wherein the king's prohibition doth not lie.-* The king to his judges Not in orig. sendeth greeting. Use yourselves circumspectly in all matters con- in the king's cerning the bishop of Norwich and his clergy, not punishing them prohibition if they hold plea in court christian of such things as be mere 2 Inst. 487. spiritual, that is to wit, of penance enjoined by prelates for deadly 13 Co. 41. sin, as fornication, adultery, and such like, for the which sometimes 5 Co. 67. corporal penance, and sometime pecuniary is enjoined, specially if a freeman be convict of such things. Also if prelates do punish for leaving the church-yard unclosed, or for that the church is uncovered, or not conveniently decked, in which cases none other penance can be enjoined but pecuniary. Item, if a parson demand of his parishioners oblations or tithes due and accustomed, or if any parson do sue against another parson for tithes greater or smaller, so that the fourth part of the value of the benefice be not demanded. Tithes and The lines in italics are offerings. not in the Item, if a parson demand mortuaries in places where a mortuary Fitz. prohi hath been used to be given. Not in orig. Pension. 4 Co. 20. Kel. 39. Item, if a prelate of a church, or of a patron, 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 22 Ed. 4, f. 20. spiritual court, when money is not demanded, but a thing done for punishment of sin, and likewise for breaking an oath. In all cases afore rehearsed, the spiritual judge shall have power to take knowledge, notwithstanding the king's prohibition. * Bro. prohiBreach of an oath. bition, 18, 21. Not in orig. Bro. act. sur le case, 115. 38 H. 6, f. 29. 11 H. 4, f. 88. Regist. 36, 45, 50, 51, 57, &c. Rast. pla. 483. See 24 Ed. 1. where a consultation is grantable. By 9 Ed. 2, stat. 1, c. 1, no prohibition shall be granted where tithes are demanded. See further 9 Ed. 2, c. 2, 4, and 5, 1 Ed. 3, stat. 2, c. 11, 18 Ed. 3, stat. 3, c. 5, 50 Ed. 3, c. 4, and 2 H. 5, stat. 1, c. 3. 25 EDWARD 1, STAT. 1, CAP. 4.-Excommunication shall be pronounced against the breakers of the said charters.-See TitleCHURCH, HER RIGHTS AND LIBERTIES," vol i. p. 516ƒ. 66 9 EDWARD 2, Stat. 1, Cap. 6.—Where a suit for one offence may be prosecuted both in court spiritual and temporal.-See Title"CHURCH, HER RIGHTS AND LIBERTIES," vol. i. p. 516 n. Certain statutes made during the reigns of king Henry the third, king Edward the first, or king Edward the second, but uncertain when, or in which of their times.-Articles against the kings prohibitions.Under what form shall laymen purehase prohibitions generally upon VOL. III. B 9 Ed. 2, st. 1, c. 1. See further tithes, oblations, obventions, redeeming of penances, mortuaries, violent hands laying on a clerk or lay brother, and in cases of defamation, in which cases spiritual penance must be enjoined? The king answered to these articles, that in tithes, oblations, obventions, and mortuaries, when they be pleaded as before is said, the king's prohibition doth not lie. II. And if a clerk or a person religious do sell his corn being in his barn, or other where, to any man for money, if the price thereof be demanded before a spiritual judge, the king's prohibition doth lie; for by the sale the spiritual are become temporal, and so tithes pass into chattels. III. And if debate hang in a spiritual court for the right of tithes, having his original from the right of the patronage, and the quantity of the same tithes do pass the fourth part of the value of the benefice, a prohibition shall lie. IV. Also if a prelate enjoin penance pecuniary to any man for his sin, if the money be demanded before prelates, a prohibition shall lie. V. And if any lay violent hands on a clerk or lay brother, for the peace broken, amends shall be made before the king, and for the excommunication before a bishop or prelate. VI. And if a corporal penance be enjoined, which the offender will redeem by giving money to the prelate, or to the party grieved, a prohibition shall not lie. VII. In causes of defamation, prelates may freely correct, the king's prohibition notwithstanding, first enjoining a corporal pe50 Ed. 3, c. 4, nance, which if the party will redeem, the prelate may lawfully receive the money, though the prohibition be shewed. and 2 H. 5, st. 1, c. 3. Regist. 39, 12. Rast, 487. 1 EDWARD 3, STAT. 2, Cap. 11.-No suit shall be made in the spiritual court against indictors.—Item, the commons do grievously complain, that when divers persons, as well clerks as lay people, have been indicted before sheriffs in their turns, and after by inquests procured, be delivered before the justices; after their deliverance they do sue in the spiritual court against such indictors, surmising against them that they have defamed them, to the great damage of the indictors, wherefore many people of the shire be in fear to indict such offenders; the king will, that in such case every man that feeleth himself grieved thereby, shall have a prohibition formed in the chancery upon his case. 1 RICHARD 2, CAP. 13.-Ecclesiastical judges shall not be vexed 2 Inst. 489. for suits for tithes in a spiritual court.-Item, the prelates and clergy of this realm do greatly complain them, for that the people of holy church, pursuing in the spiritual court for their tithes and their other things, which of right ought, and of old times were wont to pertain to the same spiritual court, and that the judges of holy church, having cognizance in such cases, and other persons thereof meddling according to the law, be maliciously and unduly for this cause indicted, imprisoned, and by secular power horribly oppressed, and also enforced with violence by oaths and grievous obligations, and many other means unduly compelled to desist and cease utterly of the things aforesaid, against the liberties and franchises of holy church. Wherefore it is assented, that all such obligations made 1 of those indictments. or to be made by duress or violence, shall be of no value. And as to those that by malice do procure such indictments, and to be the The penalty same indictors, after the same indictees be so acquit, such procurers which do shall have and incur the same pain that is contained in the statute of procure such Westminster the second, of those which procure false appeals to be made. And the justices of assizes, or other justices, before whom such indictees shall be acquit, shall have power to inquire of such procurers and indictors, and duly to punish them according to their desert. 2 HENRY 5, STAT. 1, CAP. 3.-A copy of the libel in the spiritual 12 Co. 61. court shall be delivered.—Item, forasmuch as divers of the king's 13 Co. 41. liege people be daily cited to appear in the spiritual court before spiritual judges, there to answer to divers persons, as well of things which touch freehold, debt, trespasses, covenants, aud other things whereof the cognizance pertaineth to the court of our lord the king, as of matrimony and testament; and when such persons so cited appear and demand a libel of that which against them is surmised, to be informed to give their answer thereunto, or otherwise to purchase a writ of our lord the king, of prohibition, according to their case, which libel to them is denied by the said spiritual judges, to the intent that such persons should not be aided by any such writ, 3 against the law, and to the great damage of such persons so impleaded our said lord the king, by the advice and assent of the lords spiritual and temporal, and at the request and instance of the said commons, hath ordained and established, that at what time the libel is grantable by the law, that it may be granted and delivered Rast. 483. to the party without any difficulty. 4 JAMES 1, CAP. 5, SECS. 8 & 9.—An act for repressing the odious and loathsome sin of drunkenness. 1 Lutw. 134. Cro. Jac. 37. 4 Ed. 4, f. 37. 120. s. 5. of ecclesi VIII. Provided always, that this act, or any thing therein con- Enlarged by tained, do not in anywise abridge or restrain the ecclesiastical 21 Jac. 1, c. 7, power or jurisdiction, but that all ordinaries, and other ecclesiastical No restraint judges and officers, shall and may proceed to inquire of, censure astical jurisand punish all such offenders according to the ecclesiastical laws of diction. this realm, in such manner and form as before they lawfully might do; any thing in this act to the contrary notwithstanding. punishment IX. Provided also, that when any of the offenders against the There shall true intent of this act, or any branch or article thereof, hath been be but one once punished or corrected for his or her offence, by any the ways for one ofand means before limited; that then the said offender shall not be eftsoons punished or corrected for the same offence by any other ways or means. fence. clesiastical 27 GEORGE 3, CAP. 44.-An act to prevent frivolous and vexatious suits in ecclesiastical courts.—Whereas it is expedient to limit the time Preamble. for the commencement of certain suits in the ecclesiastical courts; may it therefore please your majesty, that it may be enacted; and Suits in ecbe it enacted by the king's most excellent majesty, by and with the courts for advice and consent of the lords spiritual and temporal, and com- defamatory mons, in this present parliament assembled, and by the authority commenced of the same, that, from and after the first day of August one thou- within six sand seven hundred and eighty-seven, no suit for defamatory words shall be commenced in any of the ecclesiastical courts within words to be months. Limitation of suits in ecclesiastical courts. continued, except in England, Wales, or the town of Berwick-upon-Tweed, unless the same shall be commenced within six calendar months from the time when such defamatory words shall have been uttered. II. And be it further enacted by the authority aforesaid, that no suit shall be commenced in any ecclesiastical court, for fornication, or incontinence, or for striking or brawling in any church or churchyard, after the expiration of eight calendar months from the time when such offence shall have been committed; nor shall any prosecution be commenced or carried on for fornication at any time after the parties offending shall have lawfully intermarried. 53 GEORGE 3, CAP. 127.-An act for the better regulation of ecclesiastical courts in England; and for the more easy recovery of church rates and tithes. Whereas it is expedient that excommunication, together with all proceedings following thereupon, should, saving in certain cases, be discontinued, and that other proceedings should be substituted in lieu thereof; and that certain other regulations should be made in the proceedings of the ecclesiastical courts; and that more convenient modes of recovering tithes and church rates in certain cases should be provided; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament Excommuni- assembled, and by the authority of the same, that, from and after cation dis- the passing of this act, excommunication, together with all proceedings following thereupon, shall in all cases, save those hereafter to certain cases be specified, be discontinued, throughout that part of the united kingdom of Great Britain and Ireland called England; and that in all causes which according to the laws of this realm are cognizable in the ecclesiastical courts, when any person or persons having been duly cited to appear in any ecclesiastical court, or required to comply with the lawful orders or decrees, as well final as interlocutory, of any such court, shall neglect or refuse to appear, or neglect or refuse to pay obedience to such lawful orders or decrees, or when any person or persons shall commit a contempt in the face of such court, no sentence of excommunication shall be given or pronounced; saving in the particular cases hereafter to be specified; but instead thereof, it shall be lawful for the judges or judge who issued out the citation, or whose lawful orders or decrees have not been obeyed, or before whom such contempt in the face of the court shall have been committed, to pronounce such person or persons contumacious and in contempt, and within ten days to signify the same in the form to this act annexed, to his majesty in chancery, as hath heretofore been done in signifying excommunications; and thereupon a writ de contumace capiendo, in the form to this act annexed, shall issue from the court of chancery, directed to the same persons to whom the writs de excommunicato capiendo have heretofore been directed; and the same shall be returnable in like manner as the writ de excommunicato capiendo hath been by law returnable heretofore, and shall have the same force and effect as the said writ; and all rules and regulations not hereby altered, now by law applying to the said writ and the proceedings following thereupon, and particularly the several provisions contained in a certain act passed in the fifth year of queen Elizabeth, intituled an act for the due execution of the writ Same as in the writ de excommunicato capiendo. 5 El. c. 23. |