case clerk Knt against andrews the court will not grant a prohibition to a  inferior court on a suggestion that the matter be out of their jurisdiction  unless a plea be plead to their jurisdiction before imparlance and refuse SC  comb SC Carth prohibition move for on suggestion that by our law no person be  to be implead in a inferior court but for such matter as be act arise and  accrue within the jurisdiction of the court that one more at Westminster in  the county of Middlesex out of the jurisdiction of the court of the  PoultryCompter in person c become indebt to sir Robert clerk in seven hundred  pound that Andrews intend c have levy a plaint there against sir Robert clerk  that a summons issue and nothing to have return secundum consuetude but that  more have a thousand pound in his hand of sir Robert clerk be attach by the  say thousand pound ita quod of sir Robert et be at the next court ad  respondend second consuetude whereas shower KB in truth the say more be never  indebt to the say sir Robert clerk infra Jur cur pillage nor ever become  indebt to he in any sum but the say seven hundred pound at Westminster et non  alibi upon this suggestion I move for a prohibition for that we have plead  this matter there and the plea be refuse and we have affidavit thereof I urge  that a prohibition lie to a inferior court for hold plea of a cause out of  their jurisdiction there be the writ in the register find on the statute  Westminster the first cap which be comment on Inst in the case of smith v bind  in Hilary term car b r roll a prohibition to Marlborough on a suggestion that  it arise out of the jurisdiction and affidavit that it do so even without the  necessity of plead it there and in the case of wayman v smith side and Mod a  to Bristol upon this suggestion upon sir Francis winnington motion if a action  be bring and a judgement there be plead they must aver the cause to have arise  within their jurisdiction and it be the province of this court to restrain all  inferior court within their proper and respective jurisdiction this case be  not different from another common case for a SC keb b SC lev a SC vent shower  KB er p the suit against more be as a new action in nature of a new plaint and  that appear from the very form of plead a foreign attachment and from thence  we must learn it since they keep no formal record till make up upon occasion  in the entry there be a suggestion that there be so much in his hand a process  against he and day be give he he come in and plead and all this like a new  process the mischief of encroach jurisdiction deceive and disinherit the king  court be as great in this as in the other original suit suppose it only a mean  to make the original debtor to appear and put in bail that will riot alter the  case for if any court Christian admiralty or other inferior court do meddle  with any thing collateral that be out of their jurisdiction this court will  and ought to prohibit they as if a suit be by a parson for tithe and the  defendant plead that the place where be in another parish prohibition lie  because they meddle with that which be out of their jurisdiction though the  original thing be of their cognizance and this come in oblique if a man be  admit institute and induct and a suit be there for to avoid the institution  suppose it not valid though the thing be of their cognizance yet because the  induction which be temporal and give a layright may depend upon it a  prohibition lie sir Timothy hutton case hob b if a man sue there to prove a  shower KB nuncupative will though that be of their conusance and of none other  yet if such will revoke a will in write concern land a prohibition lie easter  term James reynolds case c in roll Abr title prohibition though the lying near  daughter of the Sun quod be spiritual yet if the consequence be a  determination of a thing belong to commonlaw conusance this court will  prohibit acquire ration in this case as to the admiraltycourt it be the same  though thing do on the high sea belong to their jurisdiction yet if the  consequence be a determination of a thing not belong to their conusance a  prohibition lie as in Bridgmans case hob d if a man make a obligation upon the  high sea for the security of a debt grow due before at land or shall make a  promise to pay the same this can be sue in the admiralty and so it be e contra  hob they can hold plea of a agreement at sea and put in write under seal at  land a similar case be that of a entire contract for above forty shilling and  sever into diverse small sum and sue for as such in a inferior court a  prohibition lie because it be to defraud and deceive the king court Henry pi  Girling v aldas easter term car in the king bench Keble a there be no  objection against this but may be against all prohibition to inferior court  for the debt follow the person in the other case as well as in this the  commonlaw court shall draw the whole if part be within and part without a  particular interior jurisdiction as to Turbills case there be a great  difference between that and this for there jurisdiction be undoubted b Mr  turbill receive the money there and that be only a dispute of privilege and  yet in point of privilege it be contrary to two express resolution in the very  point as lodge case Leon c and Edward v Tethbury Leon and my Lord sander sand  think it air hard judgement as to the customariness of the proceed that be no  objection here no more than it be in a to go away to loosen and yet there they  will not pretend but that a prohibition lie upon this suggestion their custom  only warrant for what be within their jurisdiction in Inst on the statute of  Westminster the first cap my Lord coke say that though the action be  transitory yet no man be to be attach by his good for any contract covenant or  trespass do without c though the man be pass through the ville and this shower  KB hold in our case as well as in the other and though there be no express  case in this point of the garnishees debt arise out of the jurisdiction yet  the reason of the law be plain and upon these reason I pray a prohibition b SC  latch c more d more a SC vent Bac Abr b sand side e Leon Godolp shower KB er p  at which dolbin justice be angry and say no man will have make such a motion  but myself and wonder that I who have be concern in the city shall have make  such a motion holt chief justice say there be reason in it but our plead of it  be after imparlance and so we come too late and because we do not plead in  time prohibition be deny