So where defendant's

Plea covers

the defendant, covers the whole of the plaintiff's case, and it be found for the defendant, then the

the whole case. plaintiff's Suit is at an end. (i)

But if the Verdict is in favour of plaintiff, the Spiritual Court

proceeds.

Proceeding after Writ delivered is a contempt.

Attachment

for disobeying

But if the Prescription or Custom be found for the plaintiff when his Suit is founded on it, or against the defendant when it is the ground of his defence, or if found for him it does not extend to the whole case of his adversary, upon a return of the Verdict to the Spiritual Court, it proceeds with the Trial of the case. (i)

If a party proceed after the Writ has been delivered, it is a contempt, but still it is a matter examinable, whether the Court have Jurisdiction or not. (k)

For the disobeying a Prohibition is a contempt will be granted of the Superior Court that awards it, and is punisha Prohibition. able by Attachment, which issues against the Judge and party for proceeding after such Prohibition, and for which they are subject to fine and imprisonment according to the discretion of the Superior Court. (1)

Unless Prohibition be superseded.

And it may
be awarded
against a Peer
of the Realm.

And even if a Prohibition issue improvidently, but is not superseded, a proceeding in breach of it is a contempt. (m)

An Attachment for a contempt may be awarded not only against a Commoner, but even against a Peer of the Realm. (n)

An Attachment was granted upon affidavit, that

(i) Roger's Eccl. Law, 302.
(k) Com. Dig. "Prohibition "
(C); Fort. 345.

(1) F. N. B. 40; Bro. Abr.
pt. 5, 9, 11.

(m) Iveson v. Harris, 7 Ves.

251.

(n) 21 Edw. III. pt. 7, 2; Bac. Abr. "Prohibition " (M).

granted after

a Prohibition

in a Suit for a by Pre

Seat claimed

scription.

the party had proceeded after a Prohibition delivered Attachment to him, in a Suit for a Seat in a Church which the plaintiff claimed by Prescription; and on his appearance and examination upon interrogatories, he confessed the matter and was fined five marks. (n) And not only an Attachment lies for proceeding Also for in the same cause pending a Prohibition, but also instituting a for instituting a new Suit for the same thing. Thus, if a Parson libels for Tithes, and a Prohibition is brought, and he libels for Tithes of another year, the first Suit not being determined, an Attachment shall be awarded. (o)

new Suit for

the same thing.

held not a

But a proceeding upon a Bail-bond in the Mar- What has been shalsea Court, assigned, according to the practice of contempt. that Court, to one of its officers, was held not to be a proceeding against a Prohibition restraining an original action, so as to incur a contempt. (p)

(n) Dr. Wainwright's Case, cited Bac. Abr. "Prohibition " (M).

(0) Bac. Abr. "Prohibition "

(M).

(p) Iveson v. Harris, 7 Ves. 251.