Bracton: Thorne Edition: English. Volume 4, Page 252

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Volume 4, Page 252

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[001] the plea of prohibition is concerned, withdraw against him sine die and he be in mercy
[002] against them for his false claim.

We have spoken of a case where there was consent; now where it is against his will.

[004] We have explained how one is made subject to another jurisdiction by consent. Now
[005] we must explain what happens if, against his will, he is drawn into plea before an
[006] ecclesiastical judge in matters which belong to the crown and dignity of the king.
[007] When one is drawn in this way before an ecclesiastical judge, who is unwilling to consider
[008] whether the jurisdiction is his but usurps the king's jurisdiction to himself, both
[009] offend, the judges who hold the plea and he who sues, [and thus], on the complaint of
[010] him who is thus drawn before one not his proper judge, let a writ of the lord king issue
[011] to the judges, forbidding them to proceed, and to him who sues, forbidding him to
[012] sue, in this form. [Had they given judgment, they could not execute it, because the
[013] sheriff would do nothing on their order.]

Writ of prohibition (if it is against the crown and dignity of the lord king) to judges forbidding them to hold a plea touching chattels unconnected with a testament or marriage.

[015] ¹‘The king to such judges, greeting. We forbid you to hold the plea in court christian
[016] between A. the demandant and B. the tenant concerning so much land with the appurtenances
[017] (or ‘touching the lay fee of the said B.’) in such a vill (or ‘concerning
[018] debts and chattels unconnected with a testament or marriage’) as to which the aforesaid
[019] B. complains that the aforesaid A. wrongfully draws him into plea before you,
[020] because pleas touching lay fee (or ‘touching debts and chattels unconnected with a
[021] testament or marriage’) belong to our crown and dignity.’ This form of prohibition is
[022] applicable when it is addressed to judges who have ordinary jurisdiction. If it is
[023] delegated jurisdiction, as where they have been delegated by the lord pope or other
[024] ordinary, then thus:

To judges, forbidding them to hold [a plea] touching lay fee.

[026] ‘The king to such judges, greeting. We forbid you to hold the plea in court christian
[027] concerning the lay fee of A. in such a vill (or ‘concerning debts and chattels etc.’) as
[028] to which the same A. complains that B. of N. draws him into plea before you in court
[029] christian by authority of letters of the lord pope, [because pleas touching lay fee] etc.
[030] (as above).’ The same form may be used with respect to the advowsons of churches
[031] and other pleas which belong to the crown and dignity of the lord king. Then thus:
[032] ‘[We forbid you] to hold the plea in court christian touching the advowson of the
[033] church of such a place, as to which such a one complains etc. (as above)

Notes

1. Glanvill, xii, 21; Flahiff in Mediaeval Studies, vi, 277