langdale case prohibition in the case of Langdale in this very term in a  prohibition to the high commissioner two point be move the one if a feme  covert may sue for alimony before the high commissioner the other if the court  of common plea may grant a prohibition when no plea be pendent in the common  plea as in this case no plea can there depend betwixt husband and wife and  forasmuch as this concern the jurisdiction of the court this be first of all  debate diverse objection be make against it that this court have not  jurisdiction to hold plea without a original unless it be by privilege of a  attorney officer or clerk of the court unless that it be in a especial case  videlicet when there be a action there depend for the same cause then it be  agree that a prohibition shall be award out of the common plea in respect that  the court have a action there depend for the same cause and so be possess of  the cause it give the court jurisdiction to award prohibition out of the same  court and for that the prohibition ought to recite quoth come tale placitum  to hang c and the defendant pendent plea prediction have pursue in court  Christian and with this accord as have be say f n b g where it be say that if  a man be sue in the common plea for a trespass if the plaintiff also sue in  court Christian for the same cause the defendant may show this in the common  plea and shall have a prohibition then direct to the judge and so always when  the matter be pendent in the common plea if suit be for the same cause in  court Christian he shall have a prohibition but a man shall have a prohibition  out of the chancery or king bench upon his surmise surmise that he be sue in  court Christian for a temporal cause and Edward be cite where it be hold that  ne  to send to which be a prohibition do not lie unless that the quare hinder  be pendent and it be answer and resolve by coke chief justice Warburton Daniel  and foster justice that the common plea may award a prohibition although that  no suit be there pendent for this that the common plea be the principal court  of commonlaw for common plea for it belong to the jurisdiction of the common  plea to determine all common plea because communia placita non to follow  senate our men  as it be enact by great Charta which have thirty time be  confirm by other act of parliament then if the ecclesiastical judge encroach  upon the jurisdiction of the common plea to hold plea of any thing against the  commonlaw of the land or of any thing triable by the law there the principle  court of commonlaw shall grant a prohibition and that without original Writ  for diverse cause for that no original Writ which issue out of chancery be  returnable or into the king bench or common plea but be direct to judge or  party or both and be not returnable but it appear in the register that if the  prohibition be contemn then the chancellor may award a attachment to punish  this contempt returnable or in the common plea or in the king bench but a  attachment in such case be but as a judicial Writ and this appear by the  register fol andif the Attachmentinsuchcaseberetornable into the common plea c  the plaintiff in the declaration shall make mention of a original Writ in the  chancery and of the contempt c as appear in a notable precedent there be great  reason that no original Writ of prohibition shall be returnable for the  commonlaw be a prohibition in it self and he who do encroach upon the  jurisdiction of it incur a contempt and with this agree our book as Henry in  attachment upon a prohibition in the common plea William babington then chief  justice of the bench concern a suit in court Christian of tithe of gross tree  and there Fulthorp the sergeant take exception to the count for this that the  plaintiff in his count do not declare upon any statute nor that any  prohibition sure original Writ be direct unto he and there it be hold that the  statute of Edward and the commonlaw also be a prohibition in it self and thus  the rule of the book Henry prohibition for this that one have sue in a court  baron against the commonlaw and there askew say the statute be a prohibition  in it self so it be hold in Richard title attachment sur prohibition note by  Clopton in the common plea who then be a sergeant that if a plea be hold in  court Christian which belong to the court of the king without any prohibition  in facto the plaintiff shall have a attachment upon a prohibition for this  that the law be a prohibition in it self for by the law they ought to hold no  plea but that which do belong to their jurisdiction quoth to be concession c  register Estrepment to take beforehand quoth to hold in c f n b king  supersedeas to a court baron for hold plea way et arms  or above forty  shilling and f n b a Writ of consultation be as much a original as a  prohibition yet the common Pleashathgrantedinfinite consultation ergo  prohibition who to have jurisdiction to set free to have jurisdiction to tie  and one Writ be as original as the other note there be many several writ of  express prohibition sure prohibition with this word to hold before thou and  letter in nature of prohibition as supersedeas by which it be command quoth  refrain  in plea prediction and injunction be a prohibition and also in its  nature for the word be a injunction to the party not to the judge and a  supersedeas be to a officer or judge not to the party prohibition of waste  returnable out of chancery because retornabile express prohibition be in two  manner the one find upon a suggestion the other upon record upon suggestion  where plea be pendent and yet the suggestion be the foundation for it be not  so without a plea pendent but be find upon record when no plea be pendent as  shall be say hereafter for prohibition find upon record ne  to send to c ought  to re-cite the plea pendent for all those which be find upon record ought to  recite a plea pendent so a Writ to the bishop to admit a clark be a judicial  latitat as dyer defend it and as to the book of Edward it be well agree that  this do not lie in the common plea unless a quare hinder be depend for this  ought to recite a Writ to be depend and it shall be against reason to restrain  any to present or to make be by Estrepment unless that a Writ be pendent and  as to the opinion of Fitzherbert it be affirm for good law for every one agree  it that if a plea be pendent in the common plea then a prohibition there lie  and the pendency or not pendency of a plea be not material for diverse cause  the pendency of a plea may give a privilege to the party but no jurisdiction  to the court in collateral suit and there be a diversity betwixt privilege of  court and jurisdiction of court for a plea pendent may give privilege to the  party to go Of persons to delay but do not give jurisdiction to the court to  hold plea by bill by collateral suit against any other as a officer attorney  or clerk may the prohibition in such a case where plea be pendent be no  process judicial upon the record for it be a collateral suit if the common  plea which be the proper court for common plea can grant a prohibition without  a plea pendent certain the king bench which hold plea of common plea by  secondary mean can do it and so the archbishop of Canterbury in his article  concern Prohibitionsholds that neither the one court nor the other may grant  prohibition in such a case but inasmuch as the commonlaw be in stead of a  original as have be say both court may grant it infinite precedent may be show  of prohibition out of the common plea without recital of any plea pendent as  be agree on the other part and true it be that it ought to be if the court  have not jurisdiction to grant any without plea pendent every petty clerk of  the commonlaw shall have by his privilege a prohibition without plea pendent a  strong the commonlaw it self may prohibit any one who against the commonlaw  shall encroach upon its jurisdiction and inquire of thing do against the  jurisdiction of the court plea pendent be cause of privilege and not of  jurisdiction Edward Henry action or information upon the statute of Henry cap  be but a information to the court of wrong do to the commonlaw for this that  no original Writ lie as upon penal law upon malum to hold before this be malum  in see de quo senate to come to know to shape to cause to revolve a precedent  be in Edward where a prohibition be grant out of the common plea for that the  plaintiff may have a Writ of false judgement at the commonlaw the record it  self agree with the report for the word of the record be that officer and  clerk as well in the common plea as in the exchequer and farmer of the king in  the exchequer may have by privilege of court a prohibition without original a  strong the law it self shall have great privilege then a officer or clerk and  certain to enforce the party to bring a action will be a mean to multiply suit  to no end for the law it self in Edward fol if any man upon the statute of  Henry for not deliver of a libel be bring into the common plea and if he can  have a prohibition without such suit this shall be a cause as have be say to  multiply suit and be against the public weal for he will bring his action upon  the statute before that he will be deprive of his prohibition and by that he  give himself cause of prohibition every prohibition be as well at the suit of  the king as of the party as be hold in Edward false Latin shall not abate nor  excommunication in the plaint be no plea for this be the suit of the king as  well for his jurisdiction as for the party who by law may choose his court  Edward title corrody the king may sue for this contempt where he please note  that although the original cause be in the king bench for corrody  excommunication be no plea in disability of the plaintiff because it be the  suit of the king for contempt to his law vide Henry Kelway in quare non   to send to Edward for not delivery of a libel in the common plea and then he  shall have a prohibition by all the justice so upon the statute of Edward c  for sue for tithe where there be a prescription c and this shall be to  introduce multiplication of suit when himself give cause of prohibition Henry  Edward Edward title prohibition after a judgement in the common plea after  which the patron sue the recoverer in chancery surmise equity attachment upon  a prohibition out of the common plea yet no plea pendent note the reporter  report this attachment to issue out of the common plea for the chancellor will  not prohibit he Henry a attorney in the palace assault and menace the court  shall take a bill and inquire of it Edward there a prohibition without view of  libel for this that action be pendent Statham prohibition prohibition super  full of joints title prohibition plea give a prohibition before sure in person  justice our men  at west vide f n b fol b in a Writ of pone register indic  in person justice our men  at west be the common plea f n b d Edward statute  Edward cap such court grant prohibition who have use to grant they hale case  in my report note the reason that many prohibition be grant in the king bench  for that no Writ of error lie but in plaint