Bracton: Thorne Edition: English. Volume 4, Page 265

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Volume 4, Page 265

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[001] though it is contrary to the privilege of his crown and dignity. Nor does a pledge of
[002] faith, the taking of an oath, or a voluntary renunciation by the parties change his
[003] jurisdiction, though here they may prejudice themselves by their consent.]¹ The same
[004] must be said of debts and chattels which are not testamentary or matrimonial or
[005] connected with them.

A prohibition lies by reason of the persons concerned and the thing in question.

[007] A prohibition lies by reason of the person and the thing, as where a clerk draws a layman
[008] (or a layman a clerk) into the ecclesiastical forum in connexion with any of the
[009] aforesaid matters. Also by reason of the thing only, as where a clerk draws a clerk
[010] into plea in the ecclesiastical forum with respect to any of the aforesaid, for if the
[011] ecclesiastical judge gives judgment between such persons, he cannot order the execution
[012] of his judgment, for there is no sheriff or other minister who would aid him in
[013] putting it into effect, and if he himself wishes to execute it, an assise of novel disseisin
[014] will lie against him and against him who sues. [‘Of lay fee,’ I say, to distinguish it
[015] from free alms more properly called free, since they are dedicated to God, so to speak,
[016] as land given to a church in the name of dower at the time of its dedication, which is
[017] more privileged (and the cognisance of which belongs to the ecclesiastical forum)²
[018] [than that], though³ it is free alms and pure, given to churches and men of religion,
[019] as to which jurisdiction and cognisance belongs to the secular forum.]⁴ And so of a
[020] lay fee which descends to a person by the causa of succession, as where an ecclesiastical
[021] judge wished to take cognisance of succession; on the plaint of a clerk or a layman
[022] a prohibition will lie because of the thing.

Also by reason of a contract.

[024] Also in the same way by reason of a contract, as where a clerk contracts with a layman
[025] in connexion with the purchase and sale of some secular thing, the cognisance of
[026] which pertains to the secular forum.

Also by reason of delict.

[028] Also and in the same way by reason of delict, as where a clerk transgresses against a
[029] clerk or a layman, or a layman against a layman, in a temporal matter. ⁵By reason of
[030] a delict committed in a temporal matter cognisance belongs to the secular forum,
[031] both in an actio injuriarum and a criminal action, provided it is sued civilly;⁶ in all
[032] these cases the secular judge has cognisance, jurisdiction and coercion, the ecclesiastical
[033] judge nothing except through dissimulation. If it is sued criminally and for a
[034] crime, the ecclesiastical judge

Notes

1. Supra 251, infra 283

2. Supra iii, 128, 331; infra 269, 284

3. ‘quamvis,’as infra 266

4. Infra 266, 284; B.N.B., no. 547

5. New sentence

6. Supra 250, infra 278, 283, 373