an hereditatis petitio, a plea ought first to be moved in our court, and, when bastardy  has there been objected, then and only then ought the record of the plea and cognisance  of the bastardy to be transmitted to court christian, that there by our order an  enquiry be made as to legitimacy, which rule was not here observed. Since it is manifestly  against the custom of our realm, that when there is, or is to be, a dispute as to  the right of succession between any parties, that you ought to proceed to an enquiry  as to legitimacy before the matter has been entrusted to you by us, we forbid you etc.  (as above).
If when a demandant has alleged bastardy against a tenant or conversely, and he against whom the objection was made has died, the judge wishes to enquire as to the legitimacy of the son, though this is not entrusted to him.
 There is also a prohibition of another kind, when a demandant has objected bastardy  against a tenant and an enquiry has been entrusted to the ordinary of the place, and  after the death of the demandant (or tenant) the ordinary wishes to proceed to an  inquest as to the status of the heir, without a new mandate.The king to such an  ordinary, greeting. A. son and heir of B. has shown us that when C. in our court,  before the justices last itinerant in such a county, claimed against the same B. so  much land etc. by an assise of mortdancestor there summoned between them, the  same B. alleged bastardy against the said C. in the same court, cognisance [of which]  was entrusted to you, and that while the enquiry was pending the same B. ended his  last day, that you have caused the aforesaid A. son and heir of the aforesaid B. to be  called into court on the aforesaid pretext that the enquiry proceed in the person of  the heir of the deceased, without another mandate, and because if one of the parties  to a case in our court dies, the whole of that plea falls and remains and cannot  proceed against the heir of the deceased except by our writ newly impetrated against  him, we order you not to proceed further in cognisance of the said cause against  the aforesaid A. until you have another mandate from us. Witness etc.1
To whom a prohibition ought to be directed.
 We must see to whom a prohibition2 ought to be directed. It is clear that it must be  sent to him who holds the plea and to him who sues, whether there are several judges  delegate or sub-delegate or only one, as the ordinary, and whether there is one who  sues or several, though at first sight it seems that it ought to suffice if the prohibition  is directed only to the judge, because if the judge is unwilling to proceed it will be to  no avail that the plaintiff wishes to sue, for there will there be no judicial proceeding,  there being, so to speak, no judge. If
1. This seems to be the case (1235-6) noted in Selden Soc. vol. 87, cii, n. 1