Andrews SURBY and his wife against york prohibition refuse after sentence upon  a libel for call a woman a whore in London it not appear upon the proceed or  by affidavit that the word be speak there v post SC Cas t Hardw motion be make  last term for a prohibition to a suit in the spiritual court for call a woman  whore upon a suggestion that all action for word speak in London be triable  there and that whore in London be there punishable by cart and whip and also  that this custom be plead below and deny and it appear by the recital of the  libel in the suggestion that the word be speak in the parish of saint Bridget  otherwise bride in London or in the part near adjacent a rule to show cause be  thereupon grant and it be now argue contra by sergeant Hawkins and Mr Mallory  that two matter be here suggest videlicet the custom and denial of the plea  one of which be temporary and the other absolute and therefore they ought not  to be join Mod the truth of the suggestion ought to be verify by affidavit  salk skin it ought to have be allege in the suggestion itself that the word be  speak in London whereas this be not mention any where but in the recital of  the libel I vent Lutw but per cur this be the constant form and if it appear  on the libel it be sufficient the party be too late in the present application  because though the motion be make before sentence yet the rule to show cause  be not serve till after sentence so that the jurisdiction of the spiritual  court be affirm and the difference be that where the spiritual court bath no  cognizance a prohibition may be pray after sentence but otherwise it be where  it appear on the face of the libel that they have cognizance cro James Mod  Carth comb argyle and hunt a Trin Geo a prohibition be there pray after  sentence and hold too late and the same point be determine in brook and  Minsfield b in the same term it do not appear by the recital of the libel in  the suggestion that the word be speak in l they be mention to be Andrews speak  in the parish of saint Bridget in London or in part near adjacent so that  possible they may be speak out of London upon this last objection the rule be  enlarge in order to give the party time to move for a amendment of the  suggestion and this be afterward pray and grant and the suggestion amend the  case be stir again another day in this term and then a affidavit be produce on  the other side that neither the plaintiff below nor his proctor can be find  before sentence to be serve with the rule Andrews er p proceed below they say  it be necessary to verify the fact by affidavit which they refuse now to  permit the party to do and therefore discharge the rule a post stram fort b  queen cook Windfield fort stram c if they have be certify v Blacquiere Hawkins  Doug see argyle hunt above cit cook Windfield stram hind Thompson post driver  driver post Theyer Eastwick burr buggin Bennett burr head winter bunb full  Hutchins Cowp Caton Burton Cowp Dawson Wilkinson post