coke Report20a palmer and thorpe in the king bench Trinity term Elizabeth SC  cite send for Inst h b Cr car Cr James   a Davis a Br Prohib f n b I n a ld  raym burn ecclesiastical l n vin Abr prohibition n pl b a pl Bac Abr  prohibition l slander a t u see the note and reference infra to spiritual  defamation there be three incident saint that it concern matter mere of  ecclesiastical cognizance as for call one heretic adulterer schismatic c and  that it concern matter mere spiritual for if it relate to any thing  determinable at commonlaw the ecclesiastical judge shall not have cognizance  thereof rd that the party can sue there for damage or amends but only for  punishment of the sin pro salute mind a prohibition lie to a suit in the  spiritual court for charge one with solicit a woman chastity if the  solicitation be accompany with force if a suit have be carry on in a spiritual  court for a spiritual defamation and the defendant after agree to commute the  penance to which be have be sentence by pay a sum of money to the party defame  refuse to pay the money a prohibition do not lie to a suit in that court for  compel he to pay it touch defamation determinable in the ecclesiastical court  it be resolve that such defamation ought to have three incident that it  concern matter mere spiritual and determinable in the ecclesiastical court as  for call he heretic schismatic adulterer fornicator c it ought to concern  matter mere spiritual only for if such defamation touch or concern any thing  determinable at the commonlaw the ecclesiastical judge shall not have  cognizance of it although b Stamf cor a h b Br coroner hall p cor h a   a Inst  Cr car Jones Inst Cr Elizabeth e b h b in lib e a a action will at this day  lie for word which import a charge of have burn a barn the burn be make a  felony by the statute car c Geo c see mintons case east p c ch S hale p c n  Chit c l but this case be notwithstanding a strong authority for the point for  which it have be so often adduce namely that a innuendo can superinduce a fact  which if true will alter the nature of the offence impute to the plaintiff ace  sand salk Cowp Cowp east Chit c l Selw vin Abr action z a pl I b pl Bac Abr  slander king S and see ante p a n S ED c ante b a b godb Poph hut roll Mod Rep  latch palm Bulstr vin Abr action z a pl b as to this rule see ante p a n two  ED d ante b Siderf march roll Rep Cr car Bulst roll Rep hut Cr James Cr  Elizabeth hob Allen still Yelv roll hetl vin Abr action I b pl and see n a  above c that the word must be sufficient to maintain the action without the  innuendo ace Lovet v hawthorn cro Elizabeth Selw ante p a u h ED coke report b  er p such defamation be mere spiritual and only spiritual yet he who be defame  can sue there for amends or damage but the suit ought to be only for the  punishment of the sin pro salute mind a and as to the first and second the  case in e a b be cite to this effect the abbot of saint Alban send his servant  to a feme covert to come to his master and speak with he the servant perform  his command and thereupon the woman come with he to the abbot and when the  abbot and the woman be together the servant who know his master will withdraw  from they and leave they two in the chamber alone and then the abbot say to  the woman that her apparel be gross apparel to who the woman say that her  apparel be accord to her ability and accord to the ability of her husband the  abbot know in what woman repose delight say to her that if she will be rule by  he that she shall have as good apparel as any woman in the parish and solicit  her chastity when the woman will not consent to he the abbot assault her and  will have make her a ill woman against her will which she will not suffer  whereupon the abbot keep her in his chamber against her will and to the intent  c the husband have notice of this abuse to his wife speak of all this matter  and say that he will have his action of false imprisonment against the abbot  for that he have imprison his wife whereupon the abbot add one sin to another  sue the innocent and poor husband for defamation in the spiritual court  because the husband have publish that the lord abbot have solicit his wife  chastity and will have make her a illwoman coke Report20b but upon all this  matter disclose to the court the husband have a prohibition because the  husband may have a action at the commonlaw for this assault and imprisonment  of his wife although he then have no action nor perhaps never will yet because  the scandal determinable in the ecclesiastical court be upon the matter  disclose mix with matter determinable at the commonlaw for this cause upon a  motion make by the abbot counsel to have a consultation in that case it be  deny by the court b vide e h king pound as to the three vide the stat of  articuli allotment of land cap and the statute of circumspect to put in motion  year e and f n b I king d m a f so it appear there if a parson sue in the  spiritual court for lie violent hand upon he and to have he excommunicate c or  have corporal punishment and not for damage or amends but the plaintiff shall  recover cost there d and if the defendant in case of defamation be put to  corporal punishment or for lie violent hand upon clerk c if the party will  redeem his penance and agree to pay the party damnified a certain sum of money  it appear there that the party damnified shall have suit for this in the  spiritual court and no prohibition lie f and upon a and for cost infra and  ante p b d a and the book there cite burn ecclesiastical l d vin Abr  prohibition n pl Bac Abr slander a t u ED b so in Gallisland v Rigoud ld raym  salk holt Mod it be rule that a man can be sue in the spiritual court for  solicit a woman chastity if the solicitation be accompany with force and see  send for Bac Abr scandal u ante p b d a ED c by stat Geo c excommunication be  discontinue in all case except that the ecclesiastical court may pronounce  person to be excommunicate in definite sentence or in interlocutory decree  have the like force and effect such sentence or decree be pronounce as  spiritual censure for offence of ecclesiastical cognizance S and do person who  shall be so pronounce excommunicate shall incur any civil penalty or  incapacity whatever in consequence of such excommunication save such  imprisonment not exceed six month as the court pronounce such person  excommunicate shall direct and in such case the say excommunication and the  term of such imprisonment be to be certify to his majesty in chancery in the  same manner as excommunication have be heretofore signify and thereupon the  writ de excommunicate to take in hand be to issue and the usual proceed be to  be bad and the party be take into custody be to remain therein for the term so  direct or until he shall e absolve by such ecclesiastical court S ED d ante p  b d a ED e S p vin Abr prohibition b a pl Bac Abr prohibition l slander u ED  coke report a er p these difference you will better understand the better  opinion in h and the sense of the king where all the justice refuse to grant a  consultation in case of defamation id be either because the matter of the  defamation be not mere and sole spiritual or that the plaintiff sue for damage  or amends for such defamation and therewith agree f n b f f these resolution  concern scandal which I among many other for my private instruction have  observe at the importunate request and desire of my good friend some in the  realm of Ireland and other dwell in the remote part of England out of the  meridian of Westminster I have report but in a summary and succinct manner as  you see omit many other which I do not think necessary to be publish my  opinion always be quod much usefully advantage be few fit to pour out how many  men useless man to make heavy and nevertheless these brief resolution and the  reason of they be well understand and observe will peradventure give great  direction and instruction pro many men other and will deter man for word which  be but wind from subject themselves to action in which damage and cost be to  be recover which sometime trench to the great hindrance and impoverishment of  the speaker copyhold case