case SAVILL and his wife against kirby the spiritual court may proceed against  a person for say to or of a marry woman you be a bawd nor will a prohibition  lie on a suggestion that they be speak in Westminster and that a action have  be bring for they in the Marshalsea the spiritual court have proceed against  the defendant for these word speak against the wife you be a bawd the  defendant move for a prohibition suggest that these word be speak at  Westminster and that the city of Westminster be a ancient city and that there  be a ancient custom within the modern report say city that whore shall be  punish by imprisonment suggest likewise that a action have be bring for these  word in the marshal court and verdict and judgement for the plaintiff and that  no one bis pro eoden fault c that this matter have be plead in the spiritual  court but that notwithstanding they have proceed to sentence a rule be make to  show cause why c dr Andrews a civilian and Mr Nicholls show cause upon that  rule the substance of their argument be that bawd be by the spiritual law  account infamous and their evidence reject in all case that there have be a  distinction modern report er p take between these word you keep a bawdyhouse  and you be a bawd that the former word may be punishable in the temporal court  by indictment as import a breach of the peace but that the latter be  punishable in the spiritual court only a multitude of case be quote to prove  that a action do not lie in the temporal court for such sort of word as whore  bawd c a Fitzherbert n b roll Abr roll   cro Elizabeth cro James carter vent  keb raym see also Com dig prohibition g a then it be argue that admit these  word be actionable at commonlaw either in themselves or accidental by reason  of some temporal damage sustain by the word yet this will not oust the  spiritual court of their jurisdiction for that both court may have a  concurrent jurisdiction of the same cause where they proceed to visit to look  upon which be the case here for the process in the spiritual court be pro  salute anim et reformation morum that in the modern report temporal court for  reparation in damage and for this purpose the follow instance be give a  recovery by husband in a temporal court of damage against the adulterer be no  bar to a prosecution in the spiritual court at the promotion of the husband a  salk a the statute prohibit under certain penalty the clergy to marry without  licence nonresidence and farm do not oust the jurisdiction of the spiritual  court b   light b in the Act of uniformity Elizabeth c and the late Act for  prevent of schism there be special provisos that the party shall not be  prosecute in both court and exception let regulan in rebus non To take out c  Wingate c the same will often be prove in both court videlicet temporal and  spiritual because the proof in the one court establish it for land the other  for chattel only in the register e Reg e it be lie down as a general rule that  if the principal belong to the spiritual court the accessary must be try there  too it be common in temporal court in case of the battery of a servant for  different action to be bring for the same battery the one by the master the  other by the servant and damage to be recover in both and yet the recovery in  the one can be plead in bar of the other it be argue that the party by stand  out thus until sentence and their move for a prohibition overturn the proceed  in the spiritual court and hinder the bring of all appeal which by the statute  of Henry c must be bring within fifteen day after sentence it be likewise  insist upon that though it be plead that there be a prosecution in the marshal  court for the same word yet it be not say for the same word speak at the same  time without which the plea can signify nothing modern report a objection be  also take to the suggestion videlicet that the wife only pray to have the  prohibition for though by the practice of the spiritual court a femecovert may  sue single yet in the temporal court both husband and wife ought certain to  join in pray for a prohibition as to the custom in Westminster it be say that  this be only matter of suggestion in this court without any affidavit and  never lie by plea before the court that beside there be nothing more pretend  in the custom than what general obtain all over England videlicet that such  sort of person be general send to a house of correction the rule be discharge  modern report trinity term the three of George the first in the king bench  Thomas Lord Parker chief justice sir Littleton powys Knt sir Robert Eyre Knt  sir John Pratt Knt justice sir Edward Northey Knt attorneygeneral sir William  Thompson Knt solicitor general