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.”