case dent against coat a custom that the churchwarden of a particular will and  so many of the inhabitant as shall think fit to meet shall make a church rate  and that when the whole parish shall pay forty shilling the particular will  shall pay twelve shilling be void for uncertainty SC stram a libel be prefer  in the spiritual court against Mr dent for refuse to pay his share of a  churchrate assess upon he by the churchwarden of Northallerton Mr dent pray a  prohibition to the ecclesiastical court upon a suggestion of this custom he  say Northallerton be a ancient parish and consist of many will whereof Romanby  be one that the land for which he be charge lie in Romanby in which place  there be this custom that twentyfour of the inhabitant of Northallerton or the  majority of such twentyfour have for time out of mind use to make a general  assessment for the repair of the church for all the parish and that when such  assessment be so make the churchwarden and so many of the inhabitant of  Romanby as shall think fit to meet have for time beyond memory be accustom to  raise a certain proportion of such general assessment among themselves  distinct from the rest of the parish and Mr dent far suggest that in the year  the inhabitant of Northallerton and Romanby come to this agreement that when  Northallerton modern shall assess the whole parish in forty shilling then  Romanby will assess itself at twelve shilling upon these suggestion a  prohibition go in which Mr dent declare upon this custom and agreement Mr coat  the defendant in prohibition plead there be no such custom or agreement these  issue go down to trial and the jury find the custom and agreement as above and  this day sergeant Burnett the solicitor general and sergeant draper move in  arrest of judgement and that a writ of consultation may go upon the follow  reason they argue that this custom be void for uncertainty first it be  uncertain who shall make the assessment for the custom be that the  churchwarden and such of the inhabitant as shall think fit to meet shall make  it and not that the churchwarden and ten or twenty c or the major part or any  other certain number of the inhabitant shall make it the custom therefore as  it be lie depend so much upon the will of the inhabitant that none of they be  oblige to meet and if none of they do meet no assessment can be make and it be  rot reasonable that Northallerton shall be charge with the whole a custom that  tenant of a manor shall not put in their cattle until after their lord have  put in his be void because uncertain for the lord may never put in his cattle  and it be not reasonable that the commoner shall lose his common a custom that  such tenant of the manor as come first to the place where c shall have all  windfall be void for uncertainty because it lie in the will of man and the  will of man be uncertain the custom be also void for the uncertainty modern er  p of the sum to be assess for the custom be to assess a certain proportion  towards the general assessment in which case not only the general assessment  be uncertain until it be actual make but also the proportion which Romanby be  to advance to it be indeterminate for the custom be not to raise the three  four or any other certain proportion of it and upon so indefinite a custom  they may advance any proportion whatsoever sometime more and sometime less and  to this they apply the follow case keb salk roll Abr dal pl a custom that the  tenant of a manor ought only to pay two year rend or less to renew their  copyhold be void because they be sometime to pay two year rend and sometime  less so it be a bad custom to pay a penny or thereabouts for tithe for every  acre of arable land because uncertain latch a custom to pay to the reparation  of a church in proportion to the tax to the king be void for uncertainty  because it do not appear what the king tax be Bootle and Dennison argue for  the plaintiff in prohibition that as the verdict have find the custom the  uncertainty can now be take no advantage of for that which may be a objection  and take advantage of before verdict can be so afterward modern and for the  goodness of the custom cite Garth lev that a custom to pay for a time certain  a year value of the land at the time of admission be certain enough and  issuable and triable by a jury whether it be of such yearly value or not the  court this be a controversy between one part of a parish with another part of  the same parish and the original proceed in this cause be a libel in the  spiritual court upon a assessment make by the churchwarden of Northallerton in  which Mr dent who pray the prohibition be rate and a prohibition go upon a  suggestion of the custom for though the ecclesiastical court have jurisdiction  in church rate yet it can try a custom because a matter at commonlaw the  consideration before we be whether the custom be such a one as will excuse Mr  dent and the rest of the inhabitant of Romanby from the ordinary and common  method of assess nothing be clear than that if the court see upon the face of  the record a custom that be uncertain or unreasonable in the nature of it the  find it by verdict will not give any force to it for it be matter of law with  which the jury can intermeddle the court indeed after verdict will excuse want  of form in a record if the substance appear to be such as will entitle the  plaintiff to a verdict though such deficiency of form may have be take  advantage of by demurrer before verdict but that be not the case here for the  custom be not matter of form but the substance of the thing in issue and the  jury find a custom can authenticate it for that be a matter proper for this  court and to descend to the custom itself there be two strong objection to  invalidate it both for the uncertainty and unreasonableness of it the custom  be that the churchwarden of Romanby and such of the inhabitant as shall think  fit to meet shall make the assessment which be uncertain for it do not require  the majority or any certain number of the inhabitant to make it the other and  the strong objection be of one part of a parish prescribe against another part  of the same parish to assess themselves at what they shall think fit for if  the twentyfour inhabitant of Northallerton shall make the general rate at ten  pound it will be in the power of the inhabitant of Romanby by this custom to  assess themselves at one farthing nor do we think the agreement in which say  that when the general rate be at forty shilling for the whole parish that  Romanby shall assess itself at twelve shilling will at all aid the custom for  we can go upon the agreement but must judge upon the foot of the custom itself  for it do not follow from this agreement that the usage be in this certain  proportion before though it may be a inducement to the jury to believe that  the custom be so before beside to consider the agreement as such it can at all  bind the succeed parishioner for though parishioner may be bind by their own  contract yet they be not such a corporation as to bind their follower it will  be nothing to say how just Romanby have or how equitable it will assess itself  modern for if this court be to authorize Romanby in this custom it will be at  least put it in its power to act unreasonable which this court will never do  therefore no judgement must be give and a consultation must go modern er p