indicavitn.
/ɪndɪˈkeɪvɪt/ Law.
A writ of prohibition, by which a suit raised by one ecclesiastic against another on account of tithes, amounting to at least a fourth part of the profits of an advowson, might be removed from the ecclesiastical court to the king's court, at the instance of the patron of the defendant, whose right of patronage would be prejudiced if the plaintiff were successful in the spiritual court.
ΘΚΠ
society > faith > church government > ecclesiastical discipline > court > writ > [noun] > about titles or benefices
indicavit1607
spoliation1607
1285 Statute Westm. c. 5 Cum per breve Indicavit impediatur rector alicujus ecclesie ad petendum decimas in vicina parochia.
1292 Britton v. x. §11 La prohibicioun del Indicavit, a fere suspendre le play en Cristiene court jekes autaunt qe discus soit en nostre court par entre les avowez (etc.).]
1607 J. Cowell Interpreter sig. Nn4/1 Indicauit, is a writ or prohibition that lieth for a patron of a church, whose Clerk is defendant in court Christian, in an action of tithes commenced by another clerke.
a1634 E. Coke 2nd Pt. Inst. Lawes Eng. (1642) 489 It appeareth by the ancient Writ..of Indicavit..that the right of tithes was tried in the Kings Court.
1768 W. Blackstone Comm. Laws Eng. III. vii. 91 If the right of patronage comes at all into dispute..there the ecclesiastical court hath no cognizance, provided the tithes sued for amount to a fourth part of the value of the living, but may be prohibited at the instance of the patron by the king's writ of indicavit.
This entry has not yet been fully updated (first published 1900; most recently modified version published online September 2018).
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