CCCLXI. Lake's Case. Mich. 33 Eliz. In the Kings Bench.
STephen Lake, Commissary of the Bishop of Canterbury, Fr. Alredge, Register; and R. Hunt Apparitor, were endicted of Extortion, that they, colore officiorum suorum, had malitiose, ac∣cepted and received 11 s. 6 d. for the Absolution of one B. who was excommunicated; where they ought to have but 2 s. 6 d.
And Exception was taken to this Indictment, because that all their Offences are put together, scil. colore Officiorum suorum; whereas the particular Offence of every Offendor ought to be spe∣cially set down, but here they are confounded. Which see, by the Statute of 25 E. 3. 9. That Ordinaries shall not be impeached by such general Indictments, unless they say, and put in certain, In what thing, and of what, and in what manner the said Ordinaries have committed Extortion.
But that Exception was not allowed; for of that the party grieved cannot have notice, for they took in gross, and afterwards parted it betwixt them.
Another Exception was, Because it is not shewed, What is their due Fee: And that was conceived to be a good cause of Ex∣ception: And if no Fee be due, the same ought to appear in the Indictment. And afterwards the Opinion of the Court was, That they should be discharged.