Prohibition, to stay a suit in the Admiralty Court. It was agreed per Curiam, that if one sued in the Spiritual Court for a matter whereof they have jurisdiction, and therein a plea is pleaded, which is triable at the common law ; yet if they will allow the plea, they shall have jurisdiction thereof, and try it; otherwise a prohibition lieth.
It was also heId, that if one answers to a suit in the Spiritual Court, and suffers sentence to pass agairmt him, he never shall have a prohibition: and if he brings an appeal, the defendant in the appeal shall not have a prohibition. And this was the principal case here, and ruled accordingly.
Citations:
[1653] EngR 1833, (1653) Cro Eliz 594, (1653) 78 ER 838 (A)
Links:
Transport, Ecclesiastical
Updated: 02 May 2022; Ref: scu.414140
