Case Book BL Harley MS 2143 fo. 25v.
The Bishop of Durham having by 3 jura regalia claimed to have determination of riot committed within the country palatine, in this court quere hoc. Yet for want of indifferency of justice, are rather to be heard in this court than there as appeareth. Constable, plaintiff; Whittingham, dean of Durham and others, defendants. Alleged that the riot was committed within the county Palatine of Durham and that by diverse charters and grants of the Queen’s predecessors the riot and other offences committed there have time out of mind been determined there by him and his officers and the fines and ransoms of the same have been converted to his use, whereupon the court ordered the king’s counsel to see the grant and to certify whether they might proceed or not without prejudice to the Bishop and the cause was stayed in the meantime. Hillary 9 Elizabeth fo. 154. Upon the report of a Lord Chief Justice of the Common Pleas to whom the consideration of the said charter was referred, this cause was ordered to proceed notwithstanding that he reported that the Bishop had by charter jura regalia and might thereby hear and determine all manner of riot done within the said county palatine and the court ordered that the plaintiff should in his bill allege the want of indifference and that the same matter for the want thereof is rather to be determined here than there.
Hillary 9 Elizabeth