briton versus standish Trin Ann Mod case salk S C a parishioner be not bind to  come to his own parish church if be go to any other standish the parson of h  libel against Britton for not come to his parish church on Sunday and for not  receive the sacrament at easter the plaintiff Salkeld er p suggest for a  prohibition that the bind of parish and the construction of statute belong to  the jurisdiction of the temporal court c the question be whether a parishioner  be bind by law to come to his own parish church or whether he be excuse if be  go to some other church as it appear the plaintiff do it be insist against the  prohibition that by the statute Elizabeth every parishioner be oblige to come  to hisparish church which statute be still in force and not alter by any  subsequent Act but only by the Act of toleration in respect to dissenter on  the other side it be admit that the word of the statute Elizabeth be that  every parishioner shall re pair to his parish church but that those word be  correct or explain by some subsequent statute as for instance by the statute  James by which every parishioner be require to repair to his parish church or  to some other church it be likewise correct by the Act of toleration holt Ch  just parish be institute for the ease and benefit of the people and not of the  parson and if every parishioner be oblige to go to his parish church then the  gentleman of grey inn and Lincolnsinn must no long repair to their respective  chapel but Salkeld to their parish church otherwise they may be compel so to  do by ecclesiastical censure but per Powell just the spiritual court have  always exercise this jurisdiction and after so long usage it ought not now to  be question and as for the gentleman of grey inn and Lincolnsinn they have  likewise use to repair to their chapel and therefore may be exempt from come  to their parish church and this by virtue of a usage against usage now the  reason why parishioner must come to their parish church be not as have be  observe for the benefit of the parson or that he may have his offer but  because be have charge himself with the cure of their soul he may be enable to  take care of that charge but at another day holt Ch just hold that if a man  repair to any other chapel it will be a good excuse for his not come to his  parish church but then be must plead it he likewise hold that if Britton the  plaintiff in this prohibition be a profess churchman and his conscience will  permit he sometime to go to the meeting of dissenter that the Act of  toleration will not excuse he for not come to church for that Act be not make  to give ease to such people so a rule be make for a prohibition and that the  plaintiff shall declare on it that the matter may come judicial before the  court Eliz cap par Linw spar James cap par spelm council part part and cro