Various heads of arguments against prohibitions

Title

Various heads of arguments against prohibitions

Shelfmark

MS. Rawl. B. 202, fol. 195 seqq.

Summary

As follows:

(fol. 195) "No prohibicon ought to be graunted, especially on surmise, but out of chancery only."

(fol. 196b) "That all customes concerning matters ecclesiasticall are of ecclesiasticall conuzans."

(fol. 198) "That customs of tytheinge are of ecclesiasticall cognizans, and ought to be tryed in thecclesiasticall courts."

(fol. 200b) "That no prohibicon ought to be awarded when, after prediall tythes are sett forth, they are presently carried away by the owner before the person can have actual possession of them."

(fol. 201b) "That no prohibicon ought to be awarded to his majesties commissioners for causes ecclesiasticall upon this suggestion, viz., that his majesties said commissioners have no authority to deale in any cas ecclesiasticall which may be ordered and punished by the ordinaries of the dioces where they are committed."

(fol. 202b) "That no prohibicon ought to be granted to his majesties commissioners for causes ecclesiasticall upon this ground, viz., that no man may be called before them for any cause ecclesiasticall out of the diocess where he dwells."

(fol. 203) "That no prohibicon ought to be granted to his majesties commissioners ecclesiasticall upon this suggestion, viz., that his majesties said commissioners haue only authority to deale in such causes ecclesiasticall [as are] criminall."

(fol. 204) "That no prohibicon ought to be granted uppon a new devised suggestion, that the King's commissioners in causes ecclesiasticall are not to meddle with any offences or causes ecclesiasticall which are not enormous."

(fol. 205b) "That no prohibitions ought to be granted to his majesties commissioners for causes ecclesiasticall upon thes suggestions, viz., 'Nullus liber homo capiatur vel imprisonetur nisi per legale judicium parium suorum;' Mag. Charta, ca.29. And againe, 'Si prælatus imponat poenam pecuniariam et repetat illam, Regia prohibicio locum habet;' Artic. Cleri. cap. 2."

(fol. 206b) "That no prohibicon ought to be granted upon a new devised suggestion, viz., because many matters of ecclesiasticall cognizans are named in divers statutes, there the temporall judges are to expound them, and in that respect may lawfully take to themselves the cognizans of the same."

Date

Date not recorded at time of cataloguing

Language

English

Physical extent

1 item