A writ or prohibition that lies for a patron of a church, when the clergyman presented by him to a benefice is made defendant in an action of tithes commenced in the ecclesiastical court by another clergyman, where the tithes in question extend to the fourth part of the benefice ; for in this case the suit belongs to the ” king’s court” (i.e., the common law court) by the stat. Westm. 2, c. 5. The person sued may also avail himself of this writ.

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