[001] [that though] he is prepared to do so, that such an ordinary causes him to be maliciously [002] kept in prison to his great injury and damage. And since in this matter, because [003] of the malice of the same ordinary, his delivery pertains to us, we order you, if the [004] same A. has given adequate security to the same ordinary that he will obey the law [005] and give adequate satisfaction to God and the church, to cause him to be delivered [006] without delay. If the ordinary refuses this, then you yourself in our place, after having [007] taken security as said above, cause him to be delivered without delay.’ When judges [008] are not willing to desist on receipt of a prohibition, nor is he who sues willing to desist [009] from prosecuting his suit, then let them all be attached to appear before the king (or [010] his justices of the Bench or his justices itinerant) by this writ, to answer as to why [011] etc.
Writ for the attachment of judges if they proceed contrary to the prohibition.
[013] ‘The king to the sheriff, greeting. If A. has made you secure with respect to prosecuting [014] his claim, then put B., the ordinary, by gage and safe pledges to appear before us [015] (or ‘our justices at Westminister’ or ‘before our justices [itinerant] at the first session [016] when they have come to those parts’) to show why he held a plea in court christian [017] concerning the lay fee of the same A. in such a vill contrary to our prohibition (or [018] ‘concerning the advowson of such a church’ or ‘debts and chattels which are not [019] testamentary or matrimonial’ and the like). Also put C. by gage and safe pledges to [020] be there at the same time to show why he sued the same plea in the same court [021] christian contrary to our prohibition. And have there the names of the pledges and [022] this writ. Witness etc.’ Let the writs of attachment be so drawn that they agree with [023] the writs of prohibition. If an attachment ought to be made of judges delegate or [024] subdelegate, then let the writ be in this form.
For the attachment of judges appointed by authority of letters of the lord pope.
[026] ‘The king to the sheriff, greeting. If A. has made you secure with respect to prosecuting [027] his claim, then put by gage and safe pledges B., and C. and D. (their proper names [028] being used, namely, B. bishop or abbot or prior, C. archdeacon, and D. his official) [029] that they be before us or our justices etc. (as above) to show why they held a plea in [030] court christian concerning a lay fee (or1 the like etc., as above) by authority of letters [031] of the lord pope,2 contrary to our prohibition.
Volume 4, Page 272
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