case dr bow against jurat a prohibition lie to the spiritual court to stay a  suit for easter offer on a suggestion of a custom to pay they although  sentence be give against the defendant by default dr bow vicar of new Romney  bring a libel in the spiritual court against the defendant one of his  parishioner for easter offer suggest that they have time out of mind use to be  pay in that parish the defendant make no defence at all in the spiritual court  but after sentence against he move the court of king bench for a prohibition  the motion be grant nisi the reason why the court doubt whether the  prohibition be to be grant or not be their ignorance of the practice of the  spiritual court for the court seem clear of opinion that if the practice of  the spiritual court be agreeable to that of the court at law videlicet to take  every thing pro acknowledged admitted fact against a defendant that make no  defence and so give sentence for the plaintiff without oblige he to prove the  truth of his case then the prohibition be not to be grant because the custom  set forth by the plaintiff be not deny by the defendant and consequent no  occasion for trial of the custom but in case the practice of the spiritual  court be not to give sentence for the plaintiff even in case of no defence  make by a defendant with modern report er p out proof make to the court by the  plaintiff of the truth of his case that modern report then a prohibition be to  be grant because then the sentence of the spiritual court be find plain upon  proof make before they of a custom which be not to be permit because the proof  require by they be very different from that require by the commonlaw dr  pinfold who speak against the prohibition ingenuous own that it be the  practice of the spiritual court to require proof however the court take time  to consider and will not make the rule absolute trinity term the five of  George the first in the court of chancery Thomas Lord Parker Lord chancellor  sir Joseph Jekyll Knt master of the roll