case Searles case a spiritual person convict of manslaughter at commonlaw may  be libel against in the spiritual court in order to a deprivation  notwithstanding the allowance of his clergy roll ab hob Keilw dyer march ld  ray in a libel to deprive a clerk who have be convict of homicide in the  temporal court if the spiritual court proceed against he for the homicide a  prohibition lie hob Cowp incumb Mod f n b Jones lev side keb comb hob in what  manner the Elizabeth c which enact that every person admit to his clergy shall  not be deliver to the ordinary but after allowance and burn in the hand shall  be discharge be to be construe prohibition be pray by Richardson sergeant for  that Searle parson have be convict of homicide and allow his clergy be now sue  in the spiritual court by libel that whereas he be convict of homicide c it  shall be a cause to deprive he of his benefice he cite a precedent in  Michaelmas term Elizabeth in the common plea roll where a prohibition in like  case be award but per totan curian no prohibition ought to be grant Montague  chief justice say that although the statute of Elizabeth c ordain that after  clergy the party shall be set at large and shall not be put to his purgation  yet that do not disaffirm the judgement whereto croak and Doderidge justice  accord a   b   c ante d cro Elizabeth e cro Elizabeth say vide the case of  Carslake v Mapledorum easter term Geo where these word speak of a woman I have  keep her common these seven year she have give I the bad disorder and three or  four other gentleman be hold not to be actionable because they may refer to a  time pass and there be no reason why the company of a person who have have a  contagious disorder shall be avoid term Rep croak James er p croak throw as to  the objection that the libel in the spiritual court be not against he as a  homicide the court hold that it be so much the better for if it have be so a  prohibition ought to have be grant but it be quod intimacy to be de homicide  as it ought to be for without conviction there be no cause of deprivation and  if it be against he as a homicide it will be contrary to the verdict give but  here they proceed only to deprive he by reason of his conviction and so do  thereby affirm the verdict as to the objection that inasmuch as the statute of  Elizabeth c have disable he that he shall not make his purgation he shall now  be take to be as if he have make his purgation before the statute and before  the statute he can not then have be deprive it be answer that ancient by the  conviction he be to undergo two punishment the one of death the other of  defamation and that the first be discharge by allowance of clergy pna to be  able to take apart offense last many years to be afterward in the time of  Anslem archbishop of Canterbury it be ordain by a general council quod  clergyman non trade shades of dead judge temporalis which council in the time  of Thomas de Becket be by usurpation receive here in England and so far  prevail that if any such person pray his clergy and be deliver to the ordinary  they then reexamined he by twelve spiritual person and if he be acquit he  shall not be deprive a and this trial by twelve clerk be not but de credulity  so as the first conviction remain b and the purgation do not disaffirm the  verdict for he be deliver to the ordinary by the judgement of the commonlaw  and the entry thereof be quod to give up regular c and the law be that if he  do not make his purgation he ought to remain perpetual in prison and have  slender diet videlicet every day bread and water only and if the ordinary  refuse to accept of his purgation then he may have a command to the bishop to  do it and note that the writ be satis to have esteem c so as the statute of  Elizabeth c do not make any purgation for the take away that which be before  and the purgation before the statute do not defeat the verdict but affirm it  and it be a rule not to grant a prohibition where the proceed in  ecclesiastical court be not against the law of the land nor the liberty of the  subject and so the prohibition be deny by the court d