[001] of the same A. and the same A. brought to the same archdeacon and his official our [002] writ of prohibition forbidding them to hold that plea, and brought to the said B. the [003] parson another writ forbidding him to sue, and afterwards, because they refused to [004] desist, brought our writ for attaching them, the archdeacon, the official, and the [005] parson, in order fraudulently to stay the progress of our prohibition which the same [006] A. sued, gave such a bishop to understand that the same A. was excommunicated [007] and had contumaciously continued in that excommunication for forty days and [008] more. At their fraudulent suggestion the same bishop impetrated from us our writ [009] to arrest A. for the aforesaid reason. And because his fraud ought not to protect or [010] help anyone, we order you not to arrest A. by reason of our writ which came to you [011] ordering his arrest, by which he may be further impeded in the prosecution of his [012] cause, and if he has been arrested for the aforesaid reason, cause him to be delivered [013] without delay. And if the aforesaid archdeacon, official and parson have a lay fee in [014] your bailiwick, and the same A. has made you secure with respect to the prosecution [015] of his claim, then put them by gage and safe pledges to appear before us at such a [016] place and on such a day to answer therefor. And have there etc. Witness etc.’1
When one has been rightfully excommunicated.
[018] When one has been rightfully excommunicated, his deserts requiring it, and has been [019] arrested and imprisoned by the order of the ordinary, he must not be delivered by the [020] lord king or any other until he has given adequate satisfaction to God and the church. [021] But if, after he has done so, or given security that he will obey the law and give adequate [022] satisfaction, the ordinary maliciously causes him to be detained in prison, his [023] delivery will then be a matter for the king, because of the malice, provided that satisfaction [024] or sufficient security for satisfaction has been given, for his delivery ought [025] not to be made except after the king has received the ordinary's letters acknowledging [026] satisfaction. In that case let a writ be drawn to the sheriff in this form.
For the delivery from arrest of one who, though rightfully excommunicated, is prepared to satisfy God and the church.
[028] ‘The king to the sheriff, greeting. It has been show us on the part of A., who was [029] excommunicated because his deserts required it, and who, because of his manifest [030] contumacy, because for forty days and more he contumaciously continued in that [031] excommunication, was arrested by our order and kept in our prison until he had given [032] adequate satisfaction to God and the church,
Volume 4, Page 271
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