case sawyer against loggin if a defendant be acquit in the temporal court on a  information for strike in the church and be proceed against on the same cause  of action in the spiritual court for brawl in the church he may plead the  formal acquittal in bar although they be distinct offence a information be for  strike in the church and a acquittal thereon and then they exhibit article in  the spiritual court for brawl in the church the defendant thereupon move this  court for a prohibition and for the prohibition it be suggest that where a man  be acquit at commonlaw he ought not to be cite or sue in the spiritual court  and show that a information be exhibit against he for the same battery and  that he be acquit c sir Peter king recorder of London also for the prohibition  say that the strike and brawl be so twist together that it be all the same  fact and one offence and modern report er p modern report therefore be acquit  at commonlaw the plaintiff can proceed afterward in the spiritual court for  the commonlaw shall have preference and cite   that if a offence be commit  which be partly temporal and partly spiritual the temporal court shall draw  the whole offence and they shall not proceed in both court and acquittal or  conviction in the temporal court shall be a bar in the spiritual but the court  will not grant the prohibition because they shall have plead this matter which  they suggest here in the spiritual court and if they have refuse the plea then  they may have just come and move for a prohibition Powell justice say that  brawl and strike in the church be two distinct offence and though they can  proceed in the spiritual court for the battery after a acquittal at commonlaw  yet they may go on for the brawl for the commonlaw have not conusance of the  brawl which holt chief justice seem to agree but say that it will be hard to  proceed in the spiritual court for the brawl after a acquittal at commonlaw  for the battery but for the cause aforesaid a prohibition be deny