coke nicholas full case No consultation can be grant out of term the  construction of stat Elizabeth cap and of the letter patent of high commission  in ecclesiastical cause find upon that Act belong to the judge of the  commonlaw when there be any question concern what power or jurisdiction belong  to ecclesiastical judge in any particular case the determination of such  question belong to the judge of the commonlaw if a counsellor at law in his  argument scandal the king or his government temporal or ecclesiastical it be a  misdemeanour and contempt but he be not punishable in courtchristian but if he  publish any heresy sectism or erroneous opinion in religion he may be convict  for it before the ecclesiastical judge when any libel in ecclesiastical court  contain many article if any of they do not belong to the cognizance of  courtchristian a prohibition may be grant general and upon motion a  consultation may be make as to thing which belong to the spiritual  jurisdiction coke report er p where there be a special consultation for heresy  schism and erroneous opinion c if the party be convict and recant he shall not  be punish by ecclesiastical law in the great case of Nicholas full of GraysInn  these point be resolve upon conference have with all the justice and baron of  the exchequer that no consultation can be grant out of the term for this that  it be a award of the court and be final and can be grant by all the judge out  of the term nor by any of they within the term out of court and the name of  the writ videlicet a writ of consultation import this that the court upon  consultation among they ought to award it coke that the construction of the  statute Elizabeth cap I and of the letter patent of high commission in  ecclesiastical cause find upon the say Act belong to the judge of the  commonlaw a for although that the cause the cognizance of which belong to they  be mere spiritual and the law by which they proceed be mere spiritual yet  their authority and power be give to they by Act of parliament and letter  patent the construction of which belong to temporal judge and for this the  consultation which be grant be with this restraint quatenus non to put in  motion de authority et strength a letter to stand open pro cause Church rites  thou well some your direct or de exposition et inte? pretatione to cause to  stand de year primo recently Regin c in the same manner as if the king have a  benefice donative by letter patent although that the function and office of  the incumbent be spiritual yet inasmuch as he come to it mere by letter patent  of the king he shall not be visitable not deprivable by any ecclesiastical  authority but by the chancellor of the king or by commissioner under the great  seal it be resolve when there be any question concern what power or  jurisdiction belong to ecclesiastical judge in any particular case the  determination of this belong to the judge of the commonlaw in what case they  have cognizance and in what not for if the ecclesiastical judge shall have the  determination of what thing they shall have cognizance and that all that  appertain to their jurisdiction which they shall allow to themselves they will  make no difficulty to widen jurisdiction svan and accord to this resolution  bract lib tract de except cap fol cum judge ecclesiasticus prohibition a ring  to take supersedere debet in omni grammatical case salten donee to agree in  curian regius ad how to stretch out jurisdiction because si judge  ecclesiasticus cestignare debet a svan be jurisdiction in omni grammatical  case indifferently to go before non to stand before regius prohibition vide  entry fol there be a question whether the courtchristian shall have cognizance  of a lamp and a prohibition be grant quod non to go before in curian  CAristianitatts until what time in curian our men a dashing to be ulrum  getting to know plea that ad curian our men well ad jorum Church rites to  stretch out and so the determination of a thing whether it belong to  courtchristian do appertain to the judge of the commonlaw and the judge of the  commonlaw have power to grant a prohibition and all this appear in our book  that the judge of the commonlaw shall determine in what case the  ecclesiastical judge have power to punish any pro Icesione trust h fol h  Edward so of the bind of parish in h Edward so it belong to the judge of the  commonlaw to decide who ought to certify excommunication and to reject the  certificate when the ordinary or commissary be party Edward Edward Edward  Edward h h for this it be resolve clear that if any person slander the  authority or power of the high commissioner this be to be punish before the  judge of the commonlaw for that the determination of a see the introductory  discourse to gibson Codex p that the spiritual judge have a right to interpret  all statute relate to spiritual matter but the bishop be notorious mistake and  throughout the book appear too partial to his own order note to former edition  where the spiritual court incidental determine any matter of commonlaw  cognizance such as the construction of a Act of parliament otherwise than the  commonlaw require prohibition lie after sentence although the objection do not  appear upon the face of the libel but be collect from the whole of the proceed  gold v gapper east coke report er p their authority and power which be give to  they by the statute and the letter patent of the king belong to they and not  to courtchristian and for this that the many article object against full  concern the slander of their authority and power be sole determinable and  punishable before the judge of the commonlaw one other restraint be add in the  consultation et quatenus non to put in motion de some temptation to sin  contempt seu other rebus gute ad common feature law or per to cause to stand  royal power our men England are to punish et determinand it be resolve that if  a counsellor at law in his argument shall coke scandal the king or his  government temporal or ecclesiastical this be a misdemeanour and contempt to  the court for this he be to be indict fine and imprison b and not in  courtchristian but if he publish any heresy schism or erroneous opinion in  religion he may be for this convert before the ecclesiastical judge and there  correct accord to the ecclesiastical law for the rule be quod non estyuri  consonant quod quis pro other queen in senate our men acta are quorum getting  to know ad nospertinet frahatur inplacilum in curian Christian as it appear in  the book of entry fol so that the intent be that heresy schism or such  enormous opinion in religion do not appertain to the cognizance of temporal  court for this cause a consultation be grant quoad schismala hreses et  inormiam of persons well pernitiosam belief in religion fide seu education  Christiana pie et wholesomely to make firm infra kingdom nostrum England  quorum getting to know ad forum Church rites observe c vide mich h rot in banc  king the case be that a leet be hold die Jupiter post holiday consecrated mich  arch h of the prior of the house of saint John de Bethlehem de Sheine of his  manor of Levisham in the county of Surre before John bear the steward there a  grand jury be charge to inquire for the king of all offence inquirable within  the say leet where one Philip Aldwin who be resident within the say leet  appear at the say leet the same Philip put scieIns quandan Margarelam wife  John Aldwin a put east Greenwich infra jurisdiction lelce predict pluries per  before co? pus suum in adultery full of faults to drive ac volens self  Margarelampro republic in exernplum in such a manner to hit willing legilime  to punish ad diclam magnom to swear falsely see of to hold forth eteisdem such  juralis de dictam mala et full of vice vita prfalce Margaret an array et  informationem truly devoted to upon which the say Margaret do draw the say  Philip into the court of the archbishop of Canterbury and there do libel  against he for defamation of adultery and that the say Philip say in his ce  England word Margaret Aldwin be a whore and a bawd and it be not yet three  week ago since a man may take a priest betwixt her leg which English word be  parcel of the word by which he inform the grand inquest at the say leet and  upon this he have by award of the court a prohibition by which writ it appear  quod per law hu pts royal power England all men et one whoever domini king to  put under in person whoever Self domini king insticiariis seu until what time  elsewhere man judiciali offician secular fungenle in aliquan to swear falsely  patrice being under oath well ad once ivstructiones seu injbrmationes some  hujusmodijurat in eVidenias to hand over come parevIes et evidence to hand  over ab omni he elitioneetcalumnia in aliquan curian Christi@nitatis therefore  fiend at rest et liberan be to withhold et inperpefuum inside irre prehen and  by this record it appear and by the statute of Edward c by which it be provide  that indictors of lie people or clerk in turn and after deliver they before  justice shall not be sue for defamation in courtchristian but that the  plaintiff who find himself grieve shall have a prohibition form in the  chancery upon his case which be but a affirmance of the commonlaw for that the  statute provide only for indictors in the turn only and yet as well all  indictors in other court and all witness and all other who have affair in the  temporal court shall not be sue or molest in courtchristian vide pasch  Elizabeth in the report of the Lord dyer which case be not print John hall in  the case of marriage between the earl of Hereford and the lady Catherine grey  declare his opinion against the sentence give by commissioner delegate of the  queen in a cause ecclesiastical under the great seal coke and that the say  sentence in disaffirmance of the say marriage be unjust wicked and void and  that be think that the b No action for defamation lie against a barrister for  word speak by he as counsel in a cause if such word be pertinent to the matter  in issue Hodgson v scarlet barn and Ald Vid vin ab counsellor coke report er p  say judge delegate have do against their conscience and can not render any  reason for the say sentence and what offence this be be refer to diverse judge  to consider by who upon great deliberation it be resolve that this offence be  a contempt as well against the queen as to the judge and every of they be  punishable by the commonlaw by fine and imprisonment and that the queen may  upon that sue for it in what court she shall please for the slander of a judge  in point of his judgement be it true or false be not justifiable c and all  this appear by the report of the Lord dyer so that in the say consultation it  be well provide that the high commissioner shall not intermeddle with any  scandal by the commonlaw it be resolve that when any libel in ecclesiastical  court contain many article if any of they do not belong to the cognizance of  courtchristian a prohibition may be general grant and upon motion make  consultation may be make as to thing which to belong to the spiritual  jurisdiction for the writ of consultation with a quoad be frequent and usual  but a prohibition with a quoad be of loose avis in land nigroque like swan and  for these reason it be resolve by all that the prohibition in the case at bar  be well grant which in truth be grant by Fenner and croak justice in the time  of the vacation note these general rule concern prohibition queen sparsim to  come upon in scales our men non debet form to stretch in prjudicium  ecclesiasticce liberty quod pro Regeetrepub relative tlidetur non be law  consonant quod quis super ii quorum getting to know ad our to stretch out in  curian Chrislianitatis to draw in placitum bishop to hold placilum in curian  Christian de ii queen mere are Of to hold before de ctvtero hospital et  Templariis ne de ctero to draw once in placitum in person a keeper privilegior  of oneself de aliquan re pron  interrog  getting to know ad forum observe of a  king non to go away calling before to press out super how refieri debet  calling the knowledge of case testamentary matrimony e by the goodness of the  prince and by the law and custom of the realm appertain to spiritual  jurisdiction it be resolve that this especial consultation be only for heresy  schism and erroneous opinion c that if they convict full of heresy schism or  erroneous opinion c that if he recant the say heresy schism or erroneous  opinion that he shall never be punishedby ecclesiastical law and after the say  consultation grant the say commissioner proceed and convict full of schism and  erroneous opinion and imprisioned he and fine he two hundred pound and after  in the same term full by his counsel move the court of king bench to have a  habeas corpus et ei to go away upon which writ the gaoler do return the cause  of his detention