brown against palfre custom to repair a chapel and to be discharge from repair  of the parishchurch vide post burr term Rep prohibition to the ecclesiastical  court of Durham suggest that they be a parochial chapel within another parish  of Northumberland and that the inhabitant of the chapelry have time out of  mind have a parochial chapel and divine service sacrament c and have use to be  exempt from the repair of the parochial church bell c in consideration of  their be charge to the repair of their own chapel and that they have usual  repair the same and yet that the defendant churchwarden of the parishchurch  sue they to repair the say church the parishbells c and the prohibition be  grant and at levinz another day afterward a consultation be move for for that  this whole matter be plead there and sentence give and the case of chapel  Brimidge hob be cite wherein such a case a consultation be grant upon motion  to which it be answer that in the case of chapel Brimidge sepulture be still  reserve to the parish church which be a reservation of the ancient right which  be not in this case also upon examination by the court the suggestion there be  find false and though it be decree there against the plaintiff in the  prohibition upon plead the custom yet it be to try a matter there not within  their jurisdiction for they can not try custom their law and we differ as to  the nature of custom latch if a custom be allege in the ecclesiastical court  and deny a prohibition lie latch a modus be sueable there but if deny a  prohibition lie the bind of a parish be not triable there cro adjudge and  hetley and Bulst a modus be sue for there and another modus plead and a  prohibition grant at last the court rule the prohibition shall stand which  have before be grant absolute a consultation can be upon bare motion without  plea and hale and the court rule the plaintiff shall declare upon the  prohibition and the defendant shall plead as he think fit upon which he  traverse the custom which be try at Newcastle assize and the jury find no such  custom upon which a consultation be grant levinz counsel for the plaintiff in  the prohibition Weston for the defendant vide Trin b r a prohibition grant in  a like case and roll Rep