churchwarden OF market Bosworth vers the rector OF market Bosworth the  spiritual court can try the existence of a custom the plaintiff libel against  the defendant in the archdeacon court of Leicester that there be time whereof  c and be a chapel of ease within the same parish and that the rector of the  say parish for time whereof c have repair and ought to repair the chancel of  the say chapel and that the chancel be out of repair the defendant be rector  have not repair it the defendant in the say court deny the custom and a decree  be make for the defendant that there be no such custom and cost be tax there  for the defendant and wright king sergeant move for a prohibition and by he it  ought to be grant because it appear that the libel be upon a custom which the  defendant have deny and it may be the question be in the spiritual court  custom or not which be not triable there but at commonlaw and then this appear  upon the libel that the court have not jurisdiction a prohibition may be grant  after sentence but all the court e contra for by the chief justice the reason  for which the spiritual court ought not to try custom be because they have  different notion of custom as to the time which create they from those that  the commonlaw have for in some case the usage of ten year in some twenty in  some thirty year make a custom in the spiritual court whereas by the Lord  Raymond commonlaw it must be time whereof c and therefore since there be so  much difference between the law the commonlaw will not permit that court to  adjudge upon custom by which in many case the inheritance of person may be  bind but in this case that reason fail for the spiritual court be so far from  adjudge that there be any such custom which the commonlaw allow that they have  adjudge that there have not be any custom allow by their law which allow a  less time than the commonlaw to make a custom and the plaintiff have ground  their libel upon a custom which be well ground if the custom have not be deny  for libel there may be upon a custom but the custom be deny and find no custom  it be not reason to prohibit the court in execute their sentence against the  plaintiff for the design of the motion for a prohibition be only to excuse the  plaintiff from cost and there be no reason but that they ought to pay they  since it appear that they have vex the defendant without cause and therefore a  prohibition be deny a vide post