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Of the Suggestion for a Prohibition.

in the nineteenth year of the reign aforesaid, before the said bailirr's of the said borough, the said C. D. upon his aforefaid plaint did declare against the said A. in manner and form following; that .. . is to say, C. D. complains against A. B. (here insert the declaration) i£c. wiiich sjaid plaint now remains in the said court depending and undetermined, and there in the said court is prosecuted by the said C. "IVtereas, in truth and in sact, the aforesaid cause of action in the said plaint and de. claration mentioned, arose and accrued to the said C. D. out of (he s«id borough of Bridgnorth, and out of the jurisdiction of that court, that is

to fay, at the parifh of in the said county

of Salop, and not within- the said borough of Bridgncrtb, or wuhio the jurisdiction of that court. And whereas the laid A: holds nothing of them the s.id bailiffs, or wi:hin the franchise or jurisdiction of that court. Arti, whereas in sact, the bailiffs of the s..id borough, or any of them, never had or hath power to hold the plea aforesaid, nor to hear and determine the said plea es aforesaid, arising and accruing cut of the jurisdiction of the said court, by the laws of this realm, nor by virtue of any letters-patent of the said lord the present king, nor of anv os his progenitors or p/edcCcffors, icings or queens of this realm; nor by any tivJe of prescription, from time whereof the memory of man is not to the contrary used and approved, or any otherwise howsoever;.." Ani although the said A. all and.fingular- the matters and things by him above juggtjhd hath pleaded in his discharge in the oserefaid court * before the aforesaid tail iff of the said borough, and there offered to verify and prove the sameby undeniable testimony

» Ncte: Where there is no d:fc3;a jiiri/diclienis, but only trietiotis, the desendant mail pleaa it -below, and have his plea dilaliowed, before he can be entitled to a prohibition. But where there is a deseclus jurij'diiiianis, the pajty has no occasion to pkad it below, before motion for prohibition.—Therefore in the above precedent civen of a suggestion there was no occasion tor that part

of'it. _'_.•_

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Of the Suggestion for a Prohibition.

and proof; nevertheless, the bailiffs of the borough aforefaid, the aforefaid plea and allegation of the laid A. there to receive or admit altogether refused, and threatened-to give judgment in the said court, in the said action, againit the laid A. in coatem.pt of our lord the prefent kino", and to the great damage-of the said A. and contrary to the law of this realm, and also against the form of the statute aforefaid; and this the said A. is ready. . - to verify : whereupon the said A. humbly imploring the aid and munificence of the court of our lord the prefent king, prays speedy remedy, and a writ of our lord the prefent king of piohibiiion to be directed to the said bailiffs.of thf laid borough, and other competent judges in that: behalf; and also "to the said C. his counsellors, attorneys, aud solicitors in this behalf whomsoever, to prohibit them and every of them, that they, or. any of them, in the said plea of trespafs, in.any manner touching the fame in the said court, beKae the said bail ft"j of the said borough, or any of them, to proceed, should nor prefume, nor any surther in that behalf should attempt, which to the surtherderogation of the crown of bis prefent majesty, or to the contempt of the law, or the loss or prejudice «f the said A. might m any wif. turn, on pain of incurring; the punifhment due \i. violators of the law of this realm; but from all further prosecution against the said A., in the said court, . _ . before the baiiitFs of the said borough, ci any of

them, should utterly desist, and each and every of them should defist; and it is granted to him, C3V.

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The form of*a suggestion for a prohibition to an ecc/ejiaJtical cottrt on a lib. 1 there by a vicar against a parifhioner

for subtraction os tithes', selling forth that there is a medut

in the said pariih, l$c.

"England. I5c -ic remembered-, that on next,

•'» after * days from the day of' Eos er, in ih.s

same term, before our lord the king, at It eflmsn

J!er, pomes j£. .#• by his attorney, and

gives the court here to understand and be m

iormed, that- wbeiias all and all manner or ]'<'••-,

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Of the Suggestion for a Prohibition.

of and concerning any prefcriptions and customs whatsoever, within this realm, and the cognizance of such pleas belong and appertain to the said lord the king, and his royal crown, and to the common law, and in the courts of our said lord the king, of record, ought and have always been accustomed to be tried and discussed, and not in any ecclesiastical court. And whereat on the 17? day ot'January, 1779, the said A.B. was, and from thence hitherto hath been, and still is, seized in his demefne as of see, of and in divers, to wit thirty, acres of meadow, situate, lying and being, within the parifh of . in the

county of —; and within the bounds, limits,

4nd titheable places thereof; and, during the time aforefaid, was possessed of divers cows and calves, within the said parifh, and the bounds, limits, and titheable places thereof. And whereas within the said parifh there are, and from time • whereof the memory of man is not to the contrary have been, certain customs and modes of tithing, that is to say, one certain custom, &c. [inserting the cujhms and modujfes, &c] nevertheless,

one C. D. clerk, vicar of the parifh of .

aforefaid, not ignorant of the premisses, but contriving unduly to aggrieve and oppress the said A. B. against the due course of the law of thisrealm, and.to draw the cognizance of a plea which belongs to our lord the king's temporal courts, -and ought there to be tried, discussed, and determined to another trial, on the day of *779» drew tne kid A. B. into

a plea and caused him to appear in the court christian, before the right worlhipsu) J.C. master of arts, vicar general, and principal of the episcopal or consistorial court of . lawsully constituted his surrogate, or some other competent judge in that behalf, by craftily and subtilly libelling against the said A. in the said court christian—First, that in the year, &c. \Jlate the libel] and although the said A. hath alledged and pleaded all and singular the matters above suggested and alledged in the said court christian, in his discharge of and from the tithes, f£c. and offered to prove

the

Of the Suggestion for a Prohibition.

the same by indisputable evidence; yet the aforrsaid spiritual judges have altogether resused, and: still do resuse, to admit or receive the same plea, allegation, or proof, and endeavour with ail their might to compel the said //. to pay the said monies in the aforefaid libel specified, and daily threaten. to condemn the said A. of and upon the premises, in- contempt of our said lord the king and his laws, to the great damage and injury of the said A. and against the course of the law of this realm, and the customs and prefcriptions aforefaid, all which said premises the said A. is ready to verify and prove, as the court of our lord the king here shall direct: wherefore the said 4. imploring the aid and assistance of this court here, prays relief, and his majesty's writ of prohibition to be directed to the said official principal of the episcopal conliltorial

court of aforefaid, his surrogate, or other

competent judge in this behalf, to prohibit them and every of them, that neither they nor any of 'them do any surther hold pleas in the said spiritual court, befor?- them or any of them, touching the premises aforesaid, or any part thereof, C3V.

For other forms, refpecting other matters, see the various books of entries.

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Of proving the Suggestion, and in what Cases necessary, and at what Time.

IF the suggestion for a prohibition is to stop a suitcommuiced in the ecclesiastical court for subtraction of tythis 6v other ealefii/iical dues, the i^seit. ofthel W 3 Edu>. 6. c. 13. requires, " That if any party do sue for any prohibition "in any of the king's courts, that then the same party, "• before any prohibition shall be granted to him or them, "shall bring and deliver to the hands of some of the justi'• ces or judges of the same court wheie such party demand"eth the prohibition, the viry true copy of the libel de"pending in the ecclesiastical court, concerning the matter "whereupon the party demande'.h the prohibition, sub"scribed or marked with the hand of the same pany; and "under the copy of the said libel ihall be written the sug"** gestion, wherefore the party so demandeth the said pro"hibition: And in case the said suggestion, by two honefi "and sufficient witnesj'es at the lenjl, be not proved true in "the court where the prohibition shall be so granted, with"in fix months next following after the said prohibition "shall be so granted and awarded, that then the party that is "letted or hindered of his or their suit in the ecclesiasti"cal court by such prohibition, shall, upon his or their "request and suit without delay, have a consultation grant"ed in the same cafe in the court where the said prohi"bition was granted ; and (hall also recover double costs and "damages against the party that so pursued the said prohi"bition, tfc."

As this statute resers to the statutes 27 &f 32 H. 8. which extend to tythes and offerings generally, all such tythes and church duties as are mentioned in those statutes areas much within this act as if enumerated. 2 In/lit. 662. Comp- lncumb. 600. Dyer 170. b.

And therefore it extends to prohibitions to suits for small tythes as well as great. Teh. 102. Ld. Ray. J172.

So a suggestion of a modus decimandi ought to be proved within^/fo months, being within this act. Noy 148. Ych. 104.

So where the party suggested, that he was to pay so much upon an arbitrament, being the lame as a modus decimandi. Roll. Rep. 55.

But there needs no proof of the suepestion where the suit is for tythes contrary to common right, or where the contract of the party is suggested. Yelv. 104, 1i9. 2 Leon. 29. Hctl. 145. zKeb. 134. Lit. Rep. 297.

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