Bulstrode sir henry warner plaintiff against SUCKERMAN and coat defendant a  prohibition to the duchy court Ro Rep Ro Abr l Ro Abr in a prohibition to the  court of the duchy because they there go about to question the validity of  letter patent grant to sir Henry Warner of the manor of Milney in comitat  Suffolk Bulstrode er p George croak for cause of a prohibition show that  heretofore S in Elizabeth the court of duchy do then think this matter to be  fit for a trial at the commonlaw and accord we have a trial at the commonlaw  and adjudge for sir Henry Warner and upon a libel former against they for  tithe and adjudge against they and now by a new suit in the duchy court for  the same matter and by the same party and there will question the letter  patent to he grant which be a clause for prohibition the case former be this S  upon a libel for tithehay against coat and Suckerman they pray a prohibition  because they be undertenant to the abbot of saint edmonsbury who prescribe for  himself his freeholder and occupier to be discharge of payment of tithe and  show that he be a freeholder of the manor and have common of turbary there  they be hold not to be within the prescription of discharge be no freeholder  and so by this court a consultation be then grant for sir Henry Warner and now  they begin in the Dutch court again and there seek to avoid the letter patent  and therefore pray a prohibition against the prohibition it be urge by sir  Robert Hitcham that the proceed in the duchy court be mere as a information  for the king that sir Henry Warner have a grant of the tithe by queen mary  before the suit for tythefodder that such a kind of tithe be not use to be pay  in Suffolk nor in Cambridgeshire which the queen have pro good public coke  chief justice a abbot may prescribe for himself in non decimand but to  prescribe for himself and for all his freeholder in non decimand clear this  prescription be not good dodderidge justice what equity can be there suggest  against the payment of tithe it be against the law of God not to pay they coke  tithe be due jure prophet mes quota pars jure human affairs the patent grant  to sir Henry Warner have relation to matter before grant by queen mary how  will they avoid this patent in the duchy court if none to pay tithe of this  then the patent be void dodderidge there can be no equity against the payment  of tithe but there may be a prescription which be matter of law coke this  court have power to prohibit they and so to prohibit all other particular  court which de hold plea by reason of their particular jurisdiction or if they  have a general by Act of parliament if they de exceed their authority they be  by the commonlaw to be prohibit by this court and so if a courtbaron de hold  plea of a sum above S to be prohibit by h and Fitzherbert nat short catalog a  prohibition be to be grant by this court because placita c where they hold  plea of a thing which belong not to they then a prohibition to be grant S thou  to hold before quod c by the register if a corporation hold plea of any matter  out of their jurisdiction then thou to hold before because extra jurisdiction  and so of the court of Marshalsea this court be to curb they also and this so  by the commonlaw that all particular court either in respect of the place or  of the cause to be there determine if they de exceed their authority they be  by the commonlaw to be prohibit by this court Bulstrode be a particular court  erect for particular purpose it appear by the register a prohibition grant by  this court to the court of exchequer if they hold plea of common plea without  a writ of privilege as appear inter short catalog de to cause to stand if deal  against statute prohibition to a justice of assize to be grant because great  to need examination this be the Act of parliament and so if the judge in the c  b de hold plea of a appeal a prohibition be to be grant by this court as  register the statute of h by which a libel be to be deliver to the party where  need shall be where a statute do prohibit malum to hold before to be prohibit  we here in this court may prohibit any court whatsoever if they transgress and  exceed their jurisdiction and there be not any court in westminsterhall but  may be by we here prohibit if they de exceed their jurisdiction and all this  be clear and without any question here in this principal case you be not to go  into the duchy court and there to examine the validity of this patent make to  sir Henry Warner there be no equity Bulstrode er p against the law of God and  there be no reason but we ought here to prohibit they in this case for they  have there no jurisdiction to meddle with the validity of these letter patent  as now they will do and if they will not walk within their proper limit and  jurisdiction we will here prohibit they as touch these matter complaint be  make by they to the king of I when we in this case be before agree to grant a  prohibition but before this be grant they complain to the king and I then  before the king do justify our proceed and that we well may grant a  prohibition in this case the king then say unto I that he be well satisfy  herein and he then say further unto I de you justice and bring in no  innovation croak justice this writ of prohibition it be breve of a king law  coronae and if this writ shall be deny in such case this will then be in  injury disinheritance derogation coronae where any court come to be exorbitant  in their proceed we have sacrament that lie upon we not to suffer any  encroachment by any court dodderidge it be a part of our oath to maintain our  judgement here give and this be no innovation and so I shall ever do a  consultation have be here grant by we in a prohibition upon a libel for tithe  termin Trin James and between the same party and you now in the duchy court de  suggest matter of equity but what this matter be the same be unknown to we  they be not there to judge upon the validity of these letter patent whether  these letter patent be good or not this be to be determine by the commonlaw  and not to be there try in point of equity Haughton justice nothing be here  show unto we to give jurisdiction to the court of duchy of this cause if it be  touch the natural right of tithe this then proper belong to the spiritual  court if it be touch the validity of the letter patent this be not to be try  there and we ought to maintain the judgement of this court and the court there  former make other for they in this case to go to the commonlaw and now they  fall from this again it have be here former adjudge by we for a consultation  to the spiritual court and no cause there be here to suffer this proceed in  this case in the duchy court and therefore a prohibition ought to be grant  coke we be here agree not to suffer our judgement here give to be shake but by  a Act of parliament and all counsellor hereafter be to be take heed how they  de advice any of their client to go into court of equity after a judgement  give here in this court and he which be forewarning be fortify this be say as  a caveat ne fort a example be show on they the whole court agree One voice  nullo to speak against for a prohibition and so by the rule of the court a  prohibition be grant