Judgment of the King’s Court; and, this being proved by the Record of
the Court, the Complainant shall lose his cause, and shall in addition
be amerced to the King.
[Footnote 138: The Harl., Bodl. and Cotton. MSS. concur in introducing
_not_ into this passage.]
CHAP. XII.
It should be observed, that it sometimes happens, that one Clerk sues
another in the Ecclesiastical Court, concerning a Church. Should they
derive their Titles through different Patrons, the Ecclesiastical Court
may, upon the petition of either of the Patrons, be prohibited from
proceeding in the Suit, until it be ascertained, in the King’s Court,
to which Patron the Advowson of the Church belongs. For this purpose
the following Writ shall Issue.
CHAP. XIII.
“The King to such Ecclesiastical Judges, Health. _R._ hath made known
to us, that when _I._ his Clerk held the Church, in such a Vill, on
his Presentation, the Advowson being his, as he says, _N._ a Clerk,
demanding the same, as of the Advowson of _M._ a Knight, draws the
said _I._ into a suit before you in the Court Christian. But if the
aforesaid _N._ should recover the Church under the Advowson of the
aforesaid _M._ it is clear that the said _R._ would incur the loss of
his Advowson. And since suits concerning the Advowsons of Churches
belong to my Crown and Dignity, I prohibit you from proceeding in that
cause, until it be proved in my Court, to which of them the Advowson of
such Church belongs. Witness, &c.”
But if, after this Prohibition, they proceed in the cause, then, they
shall be summoned to appear in the King’s Court, and answer for their
conduct, by the following Writ.
CHAP. XIV.
“The King to the Sheriff, Health.[139] Prohibit such Judges, least they
hold plea in the Court Christian, concerning the Advowson of such a
Church, of which _R._ the Patron of that Church complains, that _N._
draws him into a Suit in the Court Christian; because Pleas concerning
the Advowson of Churches appertain to my Crown, and Dignity. And
summon, by good Summoners, such Judges, that they appear before me, or
my Justices, on such a day, to shew wherefore, they held that Plea,
contrary to my Dignity, in the Court Christian. Summon also, by good
Summoners, the aforesaid _N._, that he be then there to shew wherefore,
he drew the aforesaid _R._ into a Suit, in the Court Christian. And
have, &c. Witness, &c.”
[Footnote 139: Vide F.N.B. 89.]
Book V.
OF THE QUESTION OF CONDITION, AND OF VILLEINS-BORN.
CHAP. I.
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