case kelly against walker a declaration in prohibition that the spiritual  court refuse to receive a plea triable at commonlaw be nottraversable and  the Coi be will grant a prohibition after sentence pronounce f n b Cowp dougl  term Rep term Rep term Rep prohibition and surmise that the defendant be a  clerk and make a assault upon his servant and he come in aid of his servant  and to keep the peace lie his hand peaceable upon he whereupon the defendant  make a assault upon the plaintiff and he defend himself and afterward that the  defendant sue he in the court Christian before the delegate pro violenld  injections a hand super clergyman where he plead all this matter and that if  the defendant have any hurt it be de son assault demesne but the court  Christian will not allow of that plea but proceed to sentence against he and  fine he ten pound and award damage to the clerk the defendant confess that the  plaintiff plead this plea in the spiritual court but he show that the  plaintiff be condemned there for nonattendance upon that suit and traverse the  refusal of the plea and it be thereupon demurrer Godfrey move for a  consultation for the suit be well begin in the spiritual court it be for the  heat of a clerk by the statute of articuli allotment of land cap arye this  plea plead there be well triable there as Richard pl and Edward pl and then  the allegation for the take away the jurisdiction of that court be well  traversable as where a cause be allege for remove of a suit out of a ancient  demesnecourt a it be traversable as Henry pl and Henry pl wherefore c gawdy  hold that this case be out of the statute of articuli allotment of land and of  Circumspeco to put in motion for here the party have good cause to heat the  clerk and as to the traverse it be not good for the surmise be do traversable  but he agree to the case of a ancient demesne for otherwise the lord shall  lose his franchise but it be not so in the other case as in the case allege to  remove a plaint in a to think over it be not traversable and of that opinion  be all the court wherefore it be adjudge for the plaintiff