case Nichols against walker and carter Trinity term car roll a parish by  reputation at and before the make the Elizabeth c shall maintain its own poor  and not be rateable to a adjacent parish in which it be original a will hard  salk and see Mr Consts edition of bott poor law page to page term Rep a  warrant to distrain for a poor rate make by the justice of a on a inhabitant  of b will not justify the officer who execute it if the parish of b be undue  tax post trespass for enter into his house in Tottridge and take a  fowlingpiece and other good upon not guilty a special verdict be find carter  be churchwarden of the parish of Hatfeild and walker be overseer of the poor  of the parish of Hatfeild and on the that of November a rate be make by the  inhabitant of Hatfeild for relief of the poor of that parish accord to the  statute the plaintiff be a inhabitant in Tottridge not have any land in  Hatfeild but have land in Tottridge and be rate by the say rate at twelvepence  the month towards the relief of he poor of Hatfeild the rate upon the that  April be allow by two justice of the peace of the say county whereof one be of  the quorum accord to the statute and they demand this sum of the plaintiff and  he refuse to pay wherefore by warrant of three justice of the peace to levy  that sum upon his good and chattel they by virtue thereof distrain those good  and sell they for twenty shilling and offer the residue to the plaintiff and  they find that ancient the village of Tottridge be parcel of the parish of  Hatfeild that there be not any legal act to sever the say will from the parish  of Hatfeild that modus et ante time pron  interrog  c the tithe of Tottridge  be pay to the parson of Hatfeild that the parson of Hatfeild use always to  find a curate at Tottridge that there be no parson at Tottridge that for  threescore year pass and more and at the time of the make of the statute of  Elizabeth c for relief of the poor et always thence usque haec diem dictam  villan de Tottridge in common think over to be be parochian de see et per  totum idem time constabularios gardianos church et supravisores poor man  speech villae de Tottridge to have to become used per choice to dwell in  ibidem that for all the say time rate assessment and levy have be make there  by they for the relief of the poor of Tottridge which rate during all the say  time have be croak car er p use to be levy by their proper officer for relief  of the poor there without any pay to the poor of Hatfeild or join croak car in  any assessment with the town of Hatfeild that the church of Tottridge during  all that time have have all parochial right and that the inhabitant of  Tottridge have not use all that time to contribute to the reparation of the  church of Hatfeild but to the reparation of their own proper church and chapel  only et si super totan means c after argument at the bar by Brian for the  plaintiff and by Atkins for the defendant the court resolve that judgement  ought to be give for the plaintiff for Tottridge be a parish in reputation so  long before and after the statute and at the time of the statute make it shall  not be now for this purpose charge by Hatfeild but it shall be charge by  itself and for their poor only and they rely upon the judgement give in the  case of Hilton v pawle a Atkins then move although it shall be allow that the  inhabitant of Tottridge be not Chargeable with these rate yet upon this  verdict the defendant be not guilty because they do it by warrant from the  justice of peace so they do it as officer and therefore excusable say non  allocatur for the rate be undue tax the warrant of the justice of peace for  the levy thereof will not excuse and it be not like where a officer make a  arrest by warrant out of the king court which if it be error the officer must  not contradict because the court have general jurisdiction but here the  justice of the peace have but a particular jurisdiction to make warrant to  relieve rate well assess whereupon it be adjudge for the plaintiff