Jelsey Against Robinson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 919
King's Bench Division
the incumbent : after which comes the general' pardon of the Queen, whereby the punishment of Smith the incumbent is pardon'd, and of Smith the patron also. If the incumbent may be removed was the question : Williams said, that the doctors of the civil law informed him, that the law spiritual' was that for symony the patron lost his presentment, and the Ordinary shall present, and if he present not within six months, then the metropolitan, and then the King. Spurling Serjeant. This punishment cannot discharge the forfeiture, although it dischargeth the punishment. Glanvill contra, and said that this point was in question, when the Lord Keeper was atturney, and then both of them consulted thereupon, and they made this diversity viz, between a thing void and voidable, and for symony the church is not void untill sentence declaratory, and therefore they held, that by the pardon before the sentence all is pardon'd, as where a man committs felony, and before conviction the King pardons him, by this pardon the lord shall lose his escheate, for the lord can have no escheate before there be an attaindor, but that is prevented before by the pardon, and so here this pardon prevents the sentence declaratory, and so no title can accrue to the Ordinary. Walmesley cont. If the patron be charged by the sentence, he may plead the pardon. But if a quare impedit be brought by a third person, the pardon of the King shall be no bar to him, for the title appeares not to him, but only the punishment. Anderson. They may proceed to sentence declaratory, notwithstanding the pardon ; for the pardon is of the punishment, but the sentence does not extend to that, but only to declare that the church is void. Glauvill in 16 Eliz. a man was deprived of his benefice for incontinency, and after he was pardoned and restor'd. Walmsley. I doubt much whither the King can pardon symony : (88] And Williams said, that the doctors of civill law said, that neither the Pope nor the King could pardon symony, quoad culpam, but only quoad poinam they may. And the Court at last said, that if the parties would not demur, they would hear the doctors upon this matter. JELSEY AGAINST ROBINSON. TRINIT. 25. ELIZ. CONTINUED UNTILL PASCH, 28 ELIZ. IN C. B. ROT. 704. & 1544. Upon a speciall verdict upon an ejectment, the jury gave this special' verdict. That the King was seised of the mannor of Freemington, and of the hundred...
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