[001] caused to be delivered from our prison and custody to such a bishop, who claimed him [002] as a clerk, the same A., the clerk, by reason of the aforesaid action is drawing our [003] aforesaid bailiff into plea before you by authority of letters of the lord pope. Since this [004] is manifestly against our crown and dignity and also against our peace, that any bailiff [005] of ours because of his ministry, or for any act that pertains to the keeping of our peace [006] or the doing of justice, be drawn into plea in court christian, since we regard their acts [007] as ours in this connexion, we strictly forbid you to presume to hold that plea any [008] longer. Witness etc.’ And let a similar writ issue to the clerk who sues, who ought [009] rather to be arrested and put in prison.
Prohibition concerning one who said that he held by the law of England
[and] wished to prove in court christian that his children were legitimate, though in truth bastards. [011] There is also a writ of prohibition where one alleged that he held by the law of England, [012] against whom it was objected, after he had been disseised and had brought a [013] writ of novel disseisin to recover his seisin, that he could not recover because the [014] children, by reason of whom he ought to hold for his life, [were born before his marriage [015] to his wife], and he wished to prove them legitimate in court christian, which he [016] ought not to do. A prohibition issued in this form.
Writ in the above case.
[018] ‘The king to such a bishop, greeting. It has been shown us on behalf of A. that when B. [019] in our court etc. recently arraigned an assise of novel disseisin against the same A. [020] with respect to a tenement in such a vill which the same B. said he held by the law of [021] England, the same A. by the judgment of our same court withdrew sine die against [022] the said B. because the children whom the said B. produced in our same court and [023] whom he had of his wife, such a one, whose inheritance that tenement was, and by [024] reason of whom the same B. claimed that tenement for his life by the law of England [025] according to the custom of our realm, were born before marriage contracted between [026] the same B. and such a one his wife, as was recognized in our same court by the admission [027] of the same B., and also by the presumption rising against him, from the fact [028] that when the same B. was earlier in our same court with the aforesaid woman, such a [029] one, whom he now calls his wife, when she was impleaded in our same
Volume 4, Page 259
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