case isabel peel case if the judge of a inferior court exceed the jurisdiction  give to they by statute any of the superior court may grant a prohibition ante  post S C hut   cro Elizabeth Inst Brownl hawk p c Powel on Dev Cowp term Rep  prohibition be pray by her against the ecclesiastical commissioner for that it  be by article in that court object against her that she be aid and assistant  to sir h in the year until September to have familiar acquaintance with the  viscountess purbeck with who he commit adultery and that she be chief agent  for their meeting at unseasonable time by and through her private lodging and  passage by mean whereof they take their opportunity to commit adultery for  which offence she be by the say commissioner upon the seven day of February  sentence to be guilty of bawdry and lenocynie and fine two hundred pound to  the king use and enjoin to make such a penitential acknowledgement in the  Savoy church as the say commissioner shall appoint and to be imprison until  she find surety for the performance of all this croak car sentence and for  this cause she pray a prohibition for that by the general pardon James she be  pardon for these offence commit in the year to September and she aver that she  be not guilty of any offence since that time the court thereupon grant a  prohibition for although the time after the pardon be mention in the sentence  yet it be for offence before the pardon and so it stand well with the sentence  and the averment make it material admit also that part of the offence be  commit after the time mention in the pardon yet the fine be entire and both  the time before and after the pardon involve together Hutton justice conceive  that a prohibition ought to be gramed and for this reason also because she be  sentence to be imprison until she find surety to perform the whole order which  be not warrantable for although by the Elizabeth c S a the high commissioner  may assess fine or award imprisonment for a offence yet they can neither  commit any to prison for the fine nor until the party find surety for the  performance of their order but they ought to certify the fine into the  exchequer c and Hutton further say it have be rule in this court that suit for  adultery unless such only as be exorbitant and notorious ought to be bring  before the ordinary in his spiritual court neither do a suit for alimony in  the high Commission court lie for the commission be ground upon the statute  and if they get commission of and for other offence then the statute appoint  they have no sufficient ground for their proceed and several case be cite to  that purpose videlicet the case of doctor Conward b who be sue before the high  commissioner for his wife adultery and for be pandar to her a prohibition be  grant and condies case of Canterbury who be sue before the high commissioner  upon the election of a clerk a prohibition be grant because they have not any  jurisdiction for such matter and one Balams case suit be before they for  battery a prohibition be grant for it be no such offence which the statute  intend to be there suable whereupon in the principal case a prohibition be  grant after diverse day debate and chief upon the pardon because it be not any  of the offence except therein Note also that Elizabeth ash have a prohibition  upon the same surmise be join in the same sentence a repeal by car c S b  Brownl croak car er p