case hall vers down inc b prohibition shall be grant to the spiritual court  where a libel be for word speak of a clergyman which be actionable at  commonlaw above p Str Kel comb a prohibition be grant nisi to the spiritual  court where there be a libel by down vicar of Painswick in the diocese of  Gloucester for these word thou art or he be false forswear or perjure and it  be now insist that by the libel it appear that the say down to be infra  sacrifice ordines and vicar of the church of Painswick in the diocese of the  bishop of Gloucester whoever it be ad disgrace injury derogation diminution  status a means of knowing good hunger sacraeque of oneself function sonant  word diffamatoria sequen dixit videlicet thou art or he be say beforehand  advance Johan down innuendo seu de eoden to speak false forswear or perjure  and when a libel be for word speak of a clergyman with regard to his function  though in other case comens for the same word a prohibition may be grant as  for word of passion or for word actionable by the commonlaw yet in the case of  a clergyman no prohibition shall be grant I agree that if there be a libel in  the spiritual court for punish any one for perjury or for word which charge a  layman with perjury or perhaps a clergyman with perjury which appear to be  commit in a temporal court a prohibition will be grantedLord coke say if a man  call one a perjure man he must take his remedy at the commonlaw Inst but here  the charge be general and therefore if the spiritual court can take cognizance  of the offence with which these word charge he it shall take cognizance also  for the defamation with which he be charge that the spiritual court have  cognizance of perjury appear from line v hujusmodi v perjurio especial if it  be perjury by a spiritual person and therefore perjury be a cause of  deprivation line v canonically dispensatum and if a libel be for discovery  whether he be perjure in order for deprivation no prohibition lie lev keb S c  a side and it be agree by chief justice holt that the spiritual comens er p  court have jurisdiction over their own member and in perjury in the  ecclesiastical court in spiritual matter salk raym S c b if then the spiritual  court have cognizance of this offence it shall also have cognizance of the  word which charge he with this offence and though the word be be false  forswear or perjure the word be in the disjunctive must be intend to be  synonimous to false and forswear and such perjury as the spiritual court have  cognizance of for line say perjurium fit three manner oath contra knowledge  oath illicit to come contra jurament line v perjurio and therefore this libel  be in the disjunctive shall be construe only of such a falsity as be call  perjury by the ecclesiastical law and not such as be make perjury by the  commonlaw comens and if it be such the suggestion be not sufficient for it  ought to be suggest that the word be spokeu in reference to a oath take in a  temporal court c and that he have plead that matter there and the plea refuse  and of which a affidavit ought to have be make as in vent a prohibition be  refuse to a suit in the spiritual court for these word you be a old thief and  old whore upon a suggestion that if the word be speak they be all at the same  time for that ought to have be plead to the jurisdiction there Lutw say non  allocatur for a prohibition lie where the suit be for word actionable at  commonlaw and to say be be perjure be actionable and if there be a suit for  such word in the spiritual court a prohibition lie Inst roll gold and when the  word appear to be actionable there be no occasion to plead that in the  spiritual court and therefore the rule for the prohibition be make absolute  unless the defendant tomorrow die will accept a declaration in prohibition  upon which this matter may be far consider dr Gibson say to secure cause of  defamation in the spiritual court against prohibition they must have these two  incident first that they concern matter mere spiritual second that they  concern mere spiritual matter only and not mix with any matter determinable at  the commonlaw but if a minister be defame in any article relate to the  discharge of his ministerial function this be agree by the book of commonlaw  to be duly triable in the spiritual court Gib cod