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[001] being then in his hand, has presented a clerk, who was instituted at his presentation,
 [002] and a newly substituted bishop, abbot or prior proceeds against the presentation of
 [003] the king or his father. Let a prohibition then issue in this form.

Prohibition to the judges if a clerk admitted at the presentation of the king or his ancestor is impleaded in court christian.


 [005] ‘The king to such judges, greeting. A. of N. has shown us that though he holds such a
 [006] church of the gift of king John our father, which he conferred on him by reason of such
 [007] a priory, which was then vacant and in his1 hand, the prior of that place is now striving
 [008] to invalidate the institution of that A., which he thus canonically obtained at the
 [009] presentation of our said father, and, oppressing and disturbing him in many ways, is
 [010] drawing him into court christian before you in connexion with that church by authority
 [011] of letters of the lord pope. And since it would be2 manifestly to the shame and
 [012] prejudice of the royal dignity if the aforesaid prior should succeed in that cause, we
 [013] forbid you to proceed with it, since it is and ought to be obvious to you and to every
 [014] one of our realm that vacant churches belonging to the collation of bishops, abbots
 [015] and priors while they are alive, sede non vacante, ought to belong to us during vacancy
 [016] by reason of custody. Witness etc.’ And what was said of bishoprics, abbeys and
 [017] priories may also be said of baronies and the like while they are in the custody of the
 [018] lord king.

3<Of gifts which belong to the king during the vacancy of bishoprics, abbeys, priories and the like.>


 [020] Among other prohibitions there is one where a clerk has impleaded a bailiff of the lord
 [021] king in court christian for some reason, perhaps because the same bailiff arrested him
 [022] for some trespass and for breach of the peace of the lord king, as to which he was
 [023] claimed by the bishop. The form of prohibition is this.

Prohibition if a clerk has impleaded a bailiff or other minister in court christian4 because he arrested him for breach of the king's peace or for theft.


 [025] 5‘The king to such judges, greeting. Such a one (a sheriff, mayor, the reeve of such a
 [026] vill or any bailiff) has shown to us that, whereas he recently, by the law of the land
 [027] according to the custom of our realm, caused A., a clerk, to be arrested as a malefactor
 [028] and as one accused of robbery and of consorting with thieves (or ‘as found in such a
 [029] place in the company and fellowship of thieves and marked with a definite suspicion’)
 [030] in the course of his duty and for the keeping of our peace, whom we afterwards

Notes

1. ‘sua’

2. ‘esset’

3. Not in list of addiciones supra i, 417; belongs supra 256

4. ‘in curia christianitatis,’ from lines 27-28

5. Flahiffin Mediaeval Studies, vi, 279-80: his earliest case of this kind, Mich. 1240

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