Bulstrode Penson plaintiff against cartwright defendant a prohibition to the  court of request Cr in a prohibition to the court of request move by Whitlock  for that they be not there to meddle with or determine matter of legacy here a  man by his will in write do devise a certain legacy in money and he afterward  say to his executor have by my will give such particular legacy and I will  have you to increase the same to such a sum this in the civil law be term  undertaking trust and by sir Daniel do this be hold a good legacy coke chief  justice the parson de salt ash case in h fol a good case to this purpose a  prohibition out of this court there grant this court take conusance of the  proceed in all other inferior court and will to plough a prohibition if they  do encroach one upon another h fol if a ordinary will sue for a thing within  the diocese of another he be to be prohibit by this court notwithstanding they  can here hold plea of it dodderidge if the court there do err in their decree  we be not here to meddle with this h fol be a very good case the pope legate  not to exercise any authority here there be mention make of a duplicate it be  to be consider whether or no we may prohibit they in the court of request for  hold plea there for a legacy coke we may very well do this here if they of  this ought not to hold plea there notwithstanding that we can here hold plea  of it the king may examine and reform their decree there as ferrum accentuate  ferrum such a human being bominem and we here may well prohibit other court  from hold of plea of such thing of which we here can hold any plea and as  touch this if the county court or court baron do hold plea of a matter be  above S we may here prohibit they though we can of this hold plea here as to  the duplicate in h this be only a duplicate power we here be to take conusance  of all other inferior court dodderidge it be to be consider whether for this  legacy there be any remedy to he have in the spiritual court croak if they  will encroach upon the jurisdiction of other court and so will by this draw  the matter ad other examen we be here to correct this for that this court here  correct all error and proceed in other inferior court coke if a codicil be by  word they in the spiritual court be to Bulstrode er p compel they to add this  unto the will if any ordinary remedy be to he have for this special kind of  legacy they be not then to hold any plea of it quoestio law to be try by the  judge a quzestio fact by the jury and by their judgement there they will draw  the matter ad other examen see the statute of h capite a good statute for this  the court clear of opinion that nothing be there to be determine if by any  mean the same may be end by the commonlaw by the rule of the court a  prohibition be grant notam by coke chief just in case of privilege if one have  the privilege of this court he be not to be sue in any other court but he be  only here to be sue in custodian mariscalli and so if a attorney of this court  be sue by the book of h f if a attorney sue by bill in b r the bill to abate  because that no attorney be there of record of his attendance necessary  otherwise it be in the c b for there he which be attorney of record shall have  privilege to plead by bill but it appear by the record in the tower before the  time of king h that attorney here of this court be of record a attorney here  be then call clergyman our attorney Bulstrode here be not to b persuasion in  any other court and it appear by the roll of h in the tower that in every term  roll be here make of warrant of attorney and it appear by h that if any one be  commit by any of the judge of this court and be so in custodian mariscalli any  one may now commence a suit against he be thus in custodiam man secondary  inform the court that he have examine the record in the tower and that they be  so as before be remember