coke b jeffrey case mich Elizabeth in the king bench the spiritual court have  conusance de reparation substantial object sive ship church the occupier of  land in a parish live in another parish be liable to the repair of the parish  church of the parish where his land lie the lessor who receive rend for his  land from his lessee shall not be charge in respect of his rend the charge be  not on the land but on the person in respect of the land the occupier of land  though live out of the parish be in judgement of law a parishioner and  inhabitant and may come to the assembly of the parishioner the churchwarden  and majority of parishioner may on notice give make a rate for the repair of  the church a libel be in the disjunctive that a occupy certain land or pay  rend for they yet on prohibition the defendant shall have a consultation in  respect of such land which the say a at the time of the tax have in his own  hand William Jeffrey gentle bring a prohibition against Abraham Kenshley and  Thomas foster and declare that by the law of this realm the parishioner of  every parish where they be dwell ought to repair their own church and not the  parishioner of any other parish c the say Thomas and Abraham be churchwarden  of the parish of Haylesham in the county of Sussex have sue the plaintiff in  the spiritual court before dr drury in the diocese of Chichester for certain  money impose on the say William Jeffrey without his assent for acre of marsh  and acre of land which the say William Jeffrey have and occupy in the say  parish of Haylesham for the reparation of the church of Haylesham and have  constrain he to answer to certain article sure that the say church be in decay  and that it can not be repair for less than and that the say churchwarden of  the say church for the time be year dom and two year before with the assent of  the great part of the parishioner of the say parish juxta magnitude et  character possession et return infra dict parochian existen determine and  agree to make a taxation for the repair of the say church and that notice of  such meeting be give in the say church and also proclaim in the market and  that at the day so appoint the churchwarden and the great part of the  parishioner of Haylesham who be there meet together make a tax sure of every  acre of marsh land d and of every acre of arable land d to be pay by the  occupier of they in Haylesham afore coke report a er p say and that the say  William Jeffrey the say acre of marsh and acre of land occupy or receive rend  for they and that all the say tax of the say town do not exceed the sum of and  further declare that the say William Jeffrey be at the time of the say tax and  long time before and yet be a inhabitant of the parish of Chiddingley within  the say county of Sussex and never do inhabit within the parish coke a of  Haylesham and that he have plead the say matter in the spiritual court and the  judge refuse to allow it and on this declaration coke of counsel with the  defendant do demurrer in law and after many argument at bar and bench it be  adjudge that a consultation shall be grant and in this case these point be  resolve that the spiritual court a roll a have conusance de reparation  substantial object sive ship church and that appear by Britton who write in e  lib c fol h and in the stat de circumspect to put in motion c b Inst c b but  in rebus manifestis errat who authority law instigation because clearly true  non are prohanda because he who endeavour to prove they obscure they and it be  object that the reason why every parishioner be charge to the reparation of  the church and to provide convenient ornament in it for the great convenience  and honour of divine service be first for the spiritual comfort which he have  in hear the word of God there for his instruction in the true way to heaven in  celebration of the sacrament and in present to God their prayer not only  private but with the great congregation to be thankful to God for all his  benefit and to desire of he all thing necessary c in respect of which  inestimable benefit he be Chargeable to repair his own proper church in which  he receive they but shall not be bind to the reparation of any other church in  another parish in which he do not inhabit and the description of this word  parochian be observe parochian be locus in quo to spend poplar tree alicuj  eccles it be object that it will be hard to charge the say Jeffrey to such tax  because he be dwell in another town and never consort with they at Haylesham  at any of their assembly or assessment for such purpose it be object that the  libel in the spiritual court against the say William Jeffrey be in the  disjunctive that the say William Jeffrey occupy the say land or receive rend  for they on which libel if Kenshley and foster shall have a consultation  although Jeffrey do not occupy the land himself but a farmer in Haylesham who  pay to he rend that yet Jeffrey may be charge which will be against law and  reason and against the common experience of all England but it be answer and  resolve first that although the house wherein Jeffey welt be in another parish  yet forasmuch as he have land in the parish of Haylesham in his proper  possession and manurance he be in law parishioner de Haylesham for the place  where he lie sleep or eat do not make he a parishioner only but also forasmuch  as he manure land in Haylesham and by that be resident upon it that make coke  b he a parishioner of Haylesham also as to this purpose if in this case  Jeffrey shall not be charge to the reparation of the church of Haylesharn for  those land which he himself occupy there no person will be charge for they  upon which great inconvenience will ensue for one who inhabit in the next town  may occupy the great part of the land in another town and so church in these  day will come to ruin but it be resolve when there be a a roll Cr Elizabeth  roll Rep a farmer of the same land the lessor who receive rend for they shall  not be charge for they in respect of his rend because there be a inhabitant  and parishioner who may be charge and the receipt of the rend do not make the  lessor a parishioner in this case the charge be on the person a the poor rate  be also a personal rate theed v Starkey Mod a and not on the land but be on  the person in respect of the land for the more equality and indifferency vide  king b inter consultation consultation ad procedend contraparochianos super  correction substantial object sive ship eccles c where prolbibitio de layman  fee prius to stretch out to be which be to be intend when the tax be of the  person in respect of his layfee although he dwell in another town yet  forasmuch as in judgement of law he coke report a er p be a inhabitant and  parishioner of Haylesham he may come if he will to the assembly of the  parishioner of Haylesham roll Cr Elizabeth roll Rep Inst winch Brownl Bulst  sand salk comb when they meet together for such purpose and sir Christ Wray  chief justice say that forasmuch as the conusance of the reparation of church  do belong to the spiritual court it be necessary to hear the opinion of those  who profess the ecclesiastical law as to this point and so it be do and  thereupon diverse of they under their hand in write do certify their opinion  that Jeffrey by their law be a parishioner of Haylesham as to this purpose and  Chargeable to the reparation of the b Mod Rep hob before a b church of  Haylesham and that the churchwarden and great part of the parishioner on such  general warning meet together may make such a tax by their law b the spiritual  court may compel parishioner to repair their parish church and after a rate  have be make for that purpose may enforce the payment of it Roger v Davenant  Mod Wayle v germane show parish of Aston v castle of Berdmidge chapel hob and  Vid Walwyn v awberry Mod qy whether if the parishioner refuse to join in make  a assessment the churchwarden may proceed alone Vid Deggs parson counsellor b  and that it do not charge the land but the person in respect of the land for  equality and indifferency as to the objection that the libel be in the  disjunctive c it be answer and resolve that although the a hob a a libel be so  yet the defendant shall have a special consultation only in respect of such  land which the say W Jeffrey at the time of the say tax have in his own hand  and so much the rather because the say Jeffrey have confess in his declaration  on the say prohibition that he himself at the time r all of the say tax c have  the say land in his own occupation and a special consultation be award and  this be the first lead case that ever be adjudge and report in our book as to  this matter and afterward pasch Elizabeth between paget and Baump in the king  bench in the time of Popham chief justice the point come again in question on  a like tax a prohibition be obtain after many argument and great deliberation  at length on view of the record of this case at bar which be adjudge in the  point it be resolve again by Popham chief justice and the whole court that a  consultation shall be grant accord to this judgement and now it be general  allow and receive for law note reader this be a good case to many purpose and  therefore observe well the consequence of it c Vid Acc with jeffrey case paget  v Cramplon cro Elizabeth the same construction have be put upon the word  inhabitant in the statute of bridge h cap by Lord coke Inst and also by Lord  hale upon the same word in stat Elizabeth leigh v chapman sand Vid Atkins v  Davis call king v Barwick TR Burton v Wileday and such a occupier of land be  to be consider a inhabitant with respect to the ornament of the church per  holt CJ uvoodward v Malnesseau salk but Vid the churchwarden case roll Rep  where it be say by the chief justice that for repair the fabric of the church  the charge be real and charge the land and not the person but for the ornament  of the church it be personal upon the good and shall not charge the  nonresident occupier in respect of the land he have in the parish and Vid  miller v Bloomfield I Addams Rep c coke report a er p