case wait and other against german the spiritual court shall not be prohibit  from enforce the payment of a parish a see the case of rae v sir Thomas  Clarges Mod post where on a writ of error it be hold actionable to say of a  Irish privy counsellor a deputylieutenant and member of parliament he be a  papist so in how v Prenire ld ray to say of one who be a justice a  deputylieutenant and a candidate for a seat in parliament he be a jacobite and  for bring in the prince of Wales and popery to the destroy of the nation SC  salk SC Mod SC viner Abr and this judgement be affirm on writ of error to the  house of lord brown p c see also peak v meller Mod fry v crane Mod and Com dig  vo shower KB er p rate make by the majority of the parishioner in vestry  assemble although make for the rebuilding and enlarge the nave of the church  although it be suggest that the tax be unreasonable and the libel only state  that the parishioner be right tax prohibition be move for in the court of  common plea the church of saint clement Dane in Westminster be ruinous and  likely to fall the bishop of London give leave to pluck it down and build a  new one a rate be make accord for repair the body of the church the steeple  stand they suggest that the rate be for building a new church and not for  repair a old one and that the tax be unreasonable videlicet at the rate of ten  year to be pay present and that they have not lease of their house for so long  a time the first question be whether the parish may not be tax for the  rebuilding a new church where the old one stand though the foundation be  somewhat enlarge the church be make big a the second question be whether they  can tax at the rate of ten year to be pay present when a man have a lease but  for one year b there be jefferies case   cite and that when a tenant covenant  to repair a house and pull it down and build it up again substantial if it can  not be otherwise repair this be no breach Luttrells case c and Daniel v clerk  d one have a ancient mill which have a watercourse to it which be divert the  tenant build a new mill follow the stream in the same tenement and hold well  enough e so a new church in the same parish f the spiritual court have  jurisdiction of the principal matter and therefore also of the accessary g  Baldwin e contra argue that in case of necessity the major part of the parish  shall bind the rest but that in the libel they do not say the major part make  the rate Lord north chief justice it be say that the parish or some of they do  rightful make the tax and can that be understand otherwise than of the major  part and if but forty of the parish appear the major part may tax the whole  parish h Baldwin agree to the case of the mill for necessity but here the  church may have be shower KB build on the same foundation I the pope nor any  ecclesiastical power have to do with the building of church but the king only  and the bring in parochial church be not so very ancient as be pretend king  jefferies a person of another parish can not have be tax for the amendment of  a church where he be not a inhabitant l our case as we lie it in our  suggestion be that the spiritual court have refuse to admit our plea and  therefore we hope to have a redress here they ought to have go to the king or  to have get a Act of parliament we allege in our suggestion that the tax be  not make by the majority and we hope your lordship will not intend upon such a  ambiguity as be in their libel for that will be certify of their libel here  the freehold of the church be in abeyance and therefore without the patron as  well as ordinary it can be enlarge the churchyard be consecrate to one purpose  and the church to another roll Rep a see the statute Edward de circumspect to  put in motion   Inst f n b vent Poph Mod Mod Mod Mod stram and b roll Abr    cro Elizabeth hob hard Jones Mod Mod vent Lutw Mod fort c   d Hutton e cro  James f cro Elizabeth hob Poph g Poph roll Abr and the case of the chamberlain  of London   Leon roll Rep Brownl h see Stoughton v Reynolds fort stram case t  h I Keilway the yearbook Henry pl king winch but see roll Abr cro Elizabeth  shower KB er p Lord north chief justice I have only to consider whether it be  within their jurisdiction if they wrong you you may appeal we can prohibit  unless they encroach on our jurisdiction in Jefferyes case n it be plain  adjudge that this case be within their jurisdiction I suppose that before the  statute of a justice of the peace charge a hundred upon a robbery that a  majority may have proportion the charge certain a church may be new build that  be likely to fall down and this be quite different from building new church  where be none before as to build two in a parish where be never but one and  the tenant may have provide with his landlord in his contract not to bear the  charge of such rate and tax it be clear of spiritual jurisdiction Wyndham  justice we must suppose in matter of their jurisdiction that they go accord to  their law for the building a new church where there be none before the king  must agree c oh but not so for building a church that be fall down shower KB  Charlton justice the best objection they have be that the libel do not say  absolute that the major part agree to this tax but nevertheless it be of  ecclesiastical conusance levinz justice when there be a pretend power of the  pope in opposition to the king it be a objection fit to be make but now it be  the king ecclesiastical law but he doubt of the libel not express declare the  major part be consent to the tax and therefore be for have it amend and then c  north chief justice and Wyndham justice conceive it well enough since it be  say to be rightful tax and say they can not take notice of the form and mode  of allegation use in those court and so no prohibition and I never hear that  it be move in any other court but that they sit down satisfy and pay the rate  say quaere law michaelmas term the thirtysecond of Charles the second in the  king beach sir William Scroggs Knt chief justice sir Thomas Jones Knt sir  William dolben Knt sir Thomas Raymond Knt justice sir Robert sawyer Knt  attorney general sir Francis winnington Knt solicitor general