case parker against clerk it a parishclerk sue churchwarden in the spiritual  court for money due to he by custom quaere if the court will grant a  prohibition on the suggestion that there be no such custom S C salk SC Sett  Rem SC holt a suit be institute in the spiritual court by a parishclerk  against the churchwarden for so much money by custom due to he yearly and  leviable by they upon the parishioner a prohibition be move for upon  suggestion of no such custom it be object that if there be no such custom they  shall have plead it below and if without receive that plea they will proceed  then will be the proper time for a prohibition but they come for a prohibition  too late videlicet after sentence holt chief justice I know no case where one  come too late for a prohibition modern er p after sentence where after  sentence prohibition lie c vide show Faresl hob post ante side win Ro r Ro  note to former edition a but that of sue one out of his diocese indeed if a  suit be there for a modus and the defendant plead payment he come afterward  too late to plead or suggest that there be no modus because he have admit one  by plead a payment but modern here the matter lie here be a duty not spiritual  but temporal and to a temporal person for such be a parishclerk and therefore  we grant mandamus to restore he to his place this duty be find upon a custom  and if there be such a custom he be not without remedy at law for be may have  a action on the case for not make a rate and levy or if they do levy it and  not pay he he may have a indebitatus for money receive to his use but the  other justice doubt look upon the clerk to be a ecclesiastical person and in  inferior order and that as such he may sue in the spiritual court for a  stipend or pension and a diversity be urge from the bar in the point of a  spiritual person sue in the ecclesiastical court for a pension videlicet that  he may well do it only in the case of pension original grant or confirm by the  ordinary but that where a pension do not original commence by the act of the  ordinary there it can be sue for in the spiritual court as if one shall grant  a annuity to a parson he can as be say sue for it in the spiritual court and  for this be quote collier case cro Elizabeth but see the case of dr Gooche v  the bishop of London stram b holt chief justice there be no diversity but what  stick with I be whether they have original jurisdiction here which without  doubt they have not if they do not make the clerk a spiritual person which  will be hard to do and if they have not original jurisdiction one be never too  late for a prohibition per curian a action on the case will certain lie  against the churchwarden upon such a custom as if the bailiff or reeve of a  manor be bind by custom to collect money a action on the case will lie against  he for not do it and indebitatus after it be receive quaere quid ind go for  sale