Bracton: Thorne Edition: English. Volume 4, Page 254

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Volume 4, Page 254

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[001] different fees. [Let the prohibition then be drawn in the form above. If the dispute is
[002] between rectors with respect to tithes which may be valued at at least a fourth, fifth
[003] or sixth part of the value of the advowson, below which fraction a prohibition does
[004] not extend,¹ so it seems, let the prohibition to the judges be drawn in this form.]

Prohibition where rectors of churches dispute between themselves without their patrons. [Indicavit]

[006] ‘The king to such judges, greeting. A. has informed us that whereas B. holds of his
[007] advowson the sixth part of the church of N., such an abbot, claiming the aforesaid
[008] sixth part of the advowson, is drawing B. into plea before you in court christian.
[009] Because it is manifest that the aforesaid A. would incur the loss of [his] advowson
[010] of the aforesaid sixth part of the said church if the aforesaid abbot should obtain
[011] in that cause, we forbid you to proceed with it until it has been decided to which
[012] of them the advowson of the aforesaid sixth part belongs, because a plea etc.
[013] (as above).’ And let a prohibition in a form consonant with the prohibition addressed
[014] to the judges issue to the clerk who sues. Sometimes, without prejudice to anyone,
[015] with the consent of the patrons, [The writ called Indicavit, if tithes are claimed in the
[016] ecclesiastical forum which either wholly or for the greater part belong to the advowson
[017] of another, as though they were an advowson, because of the value of the tithes,
[018] where the church is substantially damaged.]² an inquest may be taken in the king's
[019] court where the church has been recently despoiled,³ in this form, ‘whether such
[020] a one presented by such a patron was⁴ recently in seisin of such tithes as belonging to
[021] his church, which he holds of the presentation of such a patron, or whether such other
[022] parson was in seisin of them at that time as tithes belonging to his church, which he
[023] holds of the presentation of such a one, his patron.’

A prohibition of another kind, where the clerk presented by the successful patron is impleaded by the clerk of the patron who lost in the king's court.

[025] There is also another kind of prohibition, when there was once a dispute between
[026] patrons as to the right of presentation, each of whom presented his clerk, and while
[027] the presentation was pending one of them obtained, on whose presentation his clerk
[028] was admitted. If the clerk presented by the other patron impleads the clerk so admitted
[029] before judges by reason of the presentation made by him who lost, let a prohibition
[030] issue to them in this form.

Notes

1. N. Adams in E.H.R., lii, 6; Flahiff in Mediaeval Studies, vi, 275-6; Selden Soc. vol. 80, cxcix

2. Rubric; B.N.B., no. 453; Flahiff in Mediaeval Studies, iii, 107, vi, 276: Indicavit for tithes established c. 1230

3. Infra 264; cf. 263, 269

4. ‘fuit’