Mich. 8 Jac. Regis.
Prohibitions.
It was Resolved in this Term, That if a man be ex∣communicated by the Ordinary, where he ought not, as after a general Pardon, &c. and the Defendant being Negligent, doth not sue a Prohibition, but remains
The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.
About this Item
- Title
- The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.
- Author
- Blount, Thomas, 1618-1679.
- Publication
- London :: Printed for T. Twyford, and are to be sold by Hen. Twyford ...,
- 1670.
- Rights/Permissions
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To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
- Subject terms
- Bankruptcy -- Great Britain.
- Fraudulent conveyances -- Great Britain.
- Link to this Item
-
http://name.umdl.umich.edu/A28470.0001.001
- Cite this Item
-
"The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A28470.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.
Pages
Page 81
excommunicate by 40 dayes, and upon Certificate in Canc▪ is taken by the Kings Writ de excommunicato capi∣endo; no Prohibition lies in this Case, because he is taken by the Kings Writ. Then it was moved what re∣medy the Party hath, who is wrongfully excommuni∣cate; to which it was answered, he hath three Reme∣dies.
1. He may have a Writ out of Chancery to absolve him, 14 H. 4. fol. 14. and with this agrees 7 Ed. 4. 14.
2. When he is excommunicate against the Law of this Realm, so that he cannot have a Writ de Cau••fone admittenda, then he ought Parere mandatis Ecclesiae in sor∣ma Juris, i. e. Ecclesiastici, where in truth it's Excommuni∣catio contra jus & forman Juris, i. e. Communis Juris: But if he shew his Cause to the Bishop, and Request him to assoyl him, either because he was excommunicate after the Offence pardoned, or that the Cause did not appear in Ecclesiastical Cognizance, and he refuse, he may have an Action Sur le Case against the Ordinary; and with this agrees Dr. & St. lib. 2. cap. 32. fol. 119.
3. If the Party be excommunicate for non••e of the Causes mentioned in the Act, 5 Eliz. cap. 23. then he may plead this in the Kings Bench, and so avoid the Penalties in the Act.
Note, It was Resolved by the Court, &c. That where one is cited before the Dean of the Articles in cause of defamation, for calling the Plaintiff Where, out of the Diocess of London, against the Statute of 23 H. 8. And the Plaintiff hath Sentence, and the Defendant is ex∣communicated, and so continues 80 dayes; And upon Certificate into the Chancery, a Writ of Excommunicato capiendo is granted, and the Defendant taken and impri∣soned thereby, that he shall not have a Prohibition up∣on the Statute 23 H. 8. for no Writ in the Register ex∣tends to it; but there is a Writ there called de cautione admittenda, when the Defendant is taken by the Kings
Page 82
Writ de excommunicato capiendo de parendo mandatis Ec∣clesiae, and to assoyl and deliver the Defendant. But in the Case at Bar, it does not appear to us judicially, with∣out Information, that the Citation is against the forme of the Statute: And the Information comes too late in this Case, after the Defendant hath persisted so long in his Contumacy, and is taken by the Kings Writ, and imprisoned.