[001] because pleas touching the advowsons of churches belong to our crown and dignity. [002] Witness etc.’ And so with respect to every right which may belong to a lay fee of [003] which the king ought to have cognisance. Similarly, let a writ be addressed to the [004] adverse party forbidding him to sue, in this form.
That he not sue.
[006] ‘The king to such a one, greeting. We forbid you to sue the plea in court christian [007] concerning the lay fee of such a one in such a vill (or concerning debts, chattels or the [008] advowson of a church and the like) as to which the aforesaid complains that you draw [009] him into plea in court christian before such a judge (namely, ‘the ordinary,’ or ‘before [010] such judges, namely, judges delegate by authority of letters of the lord pope,’ or ‘by [011] authority of letters of some other ordinary’ or ‘by authority of letters of one subdelegated [012] by judges delegated by the lord pope’) because such pleas etc. (as above).’ [013] Let such writs always agree with the writs sent to the judges.
Of divers kinds of prohibitions.
[015] There are also other kinds of prohibitions, of which there are many, some of which [016] concern the advowsons of churches where the dispute is not between the patrons [017] directly, as here, but indirectly, as where rectors who hold churches of the advowson [018] and gift of different patrons, dispute between themselves [as to the tithes, oblations [019] and obventions of the churches] so that if the demandant should obtain the patron [020] could suffer the loss of his advowson. A prohibition is drawn to the judges, forbidding [021] them to proceed, in this form, [if the dispute concerns an entire advowson.]
Prohibition as to advowsons. Indicavit judicibus.
[023] 1‘The king to such judges, greeting. A. has informed us that though B., a clerk, holds [024] the church of such a place of his advowson, C., a clerk, claiming it to be of the advowson [025] of D., draws him into plea in court christian before you by authority of letters of [026] the lord pope. Because it is manifest that the aforesaid A. would incur the loss of his [027] advowson if the aforesaid C. should obtain in that cause, we forbid you to proceed [028] with it until it has been decided in our court to which of them, namely A. or D., the [029] advowson of that church belongs, because a plea concerning an advowson etc. (as [030] above). Witness etc.’ There is also another prohibition of the same kind, where an [031] action is sued as to part, just as of the whole, as where rectors dispute between themselves [032] as to the half or the third part of some church, which was divided of old among [033] the patrons by reason of
Volume 4, Page 253
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