The penal tribunals have jurisdiction in cases involving imprisonment up to ten years, or a fine exceeding 40, while the assize courts, with a jury, deal with offences involving imprisonment for life or over ten years, and have exclusive jurisdiction (except that the senate is on occasion a high court of justice) over all political offences.
From the 13th century, however, inclusive, the king's courts insisted on their exclusive jurisdiction in regard to all realty, temporal or " spiritual " (Pollock and Maitland, op. cit.
Concerning " felonious " clerks the great questions discussed were whether the courts Christian had exclusive jurisdiction or the king's court, or whether there was a concurrent jurisdiction.
After the, 4th century, the latter had exclusive jurisdiction (Van Espen, op. cit.
Marsilius of Padua also composed a treatise De translations imperii romani, which is merely a rearrangement of a work of Landolfo Colonna, De jurisdictione imperatoris in causa matrimoniali, intended to prove the exclusive jurisdiction of the emperor in matrimonial affairs, or rather, to justify the intervention of Louis of Bavaria, who, in the interests of his policy, had just annulled the marriage of the son of the king of Bohemia and the countess of Tirol.