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Writ of prohibition ostendit nobis, drawn by the justices according to the complaint.


[002] ‘The king to such judges, greeting. A. shows us that though he at one time presented
[003] B. to such a vacant church, C., bearing himself as patron of that church, has presented
[004] his clerk D. to the same, and that though the same A. recovered seisin of the presentation
[005] in our court etc. against the same C., and on our order the clerk B. was admitted
[006] at his presentation, the same D. is drawing him into court christian before you by
[007] authority of letters of the lord pope by reason of the presentation made of himself.
[008] And because things properly done in our court ought not to be overthrown, we forbid
[009] you to proceed in that cause so as to nullify things properly done in our court. Witness
[010] etc.’ There is another form of the same writ, by a writ similar to Indicavit.

Writ of prohibition against one who sues against a judgment given in the king's court.


[012] ‘The king to such a prior and his fellow judges, greeting. A. prior of N. shows us that
[013] though in our court before our justices etc. he recently recovered against B., prior of
[014] such a place, the advowson of the chapel of N. as an appurtenance to the mother
[015] church of the same A. by the recognition of a grand assise there taken between the
[016] same priors, and though the same A., prior of such a place, holds the same chapel to
[017] his own use by permission of the ordinary of the place, to whom by the judgment of
[018] our court we ordered the record of that plea [to be sent], that he do what was required
[019] therein, C. a clerk of N. is drawing the same A., the prior of such a place, into plea
[020] before you, claiming that chapel as parson of the same by virtue of the advowson and
[021] gift of the aforesaid B., prior of such a place, who lost that advowson in our court by
[022] the recognition of a grand assise, as one despoiled, though he never was instituted
[023] therein, as the aforesaid A. says. And because the aforesaid B., prior of such a place,
[024] through whose advowson the said C. claims that chapel, has no right in that advowson,
[025] as was recognized by the assise, and things properly done in our court ought not
[026] to be nullified by any one in the ecclesiastical court, we order you, if it is made clear
[027] to you by the mandate of the said ordinary that the aforesaid C. the clerk was never
[028] instituted in the same chapel at the time, or before the time, at which the aforesaid A.,
[029] prior of such a place, recovered the aforesaid advowson in our court, not to proceed in
[030] that cause, which is before you, as it is said,



Notes




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