case lady waterhouse against bawd Hilary term James roll a action will not lie  for sue in a proper court though there be no cause of action post roll Abr cro  Elizabeth hob   hard Lut show Mod Com dig Onslow n p a action on a prohibitory  statute where no particular penalty be specify must be by who tam   dyer peer  wms action on the case and declare whereas by the Edward c tithe ought not to  be pay for gross tree and by the Henry c none ought to be sue for tithe of  gross tree that she have cut down such timbertrees be above the growth of  twenty year and that the defendant as parson sue her for tithe of they against  the say statute upon this declaration it be demurrer for it be move when a  statute prohibit sue and give no special penalty there croak throw action on  the case lie not for do a thing against the prohibition of a statute as where  a man distrain extra fee or in the highway c and all the court hold that the  action lie not for none shall be punish for sue in the spiritual court for any  matter which be proper demandable there although peradventure he have not any  cause of action but if he sue in the spiritual court for matter which appear  by his libel be not suable there nor the say court have any jurisdiction  thereof but the commonlaw have jurisdiction there action on the case lie for  it be a suit for vexation and seek to take away the jurisdiction of the court  of the commonlaw but if the suit be there for a thing demandable and  recoverable there by any thing which appear by the libel and by the defendant  plea or by any collateral matter he be barrable there no action on the case  lie and here although the statute be that none shall be compellable to pay  tithe of gross tree yet it be lawful for the parson to draw it in question in  the spiritual court whether they be gross tree or not and they hold that where  a statute prohibit a thing and add no penalty true it be that a action lie for  do against the prohibition of that statute but that ought croak James er p to  be by a action bring tam pro ring how pro he himself because in such case the  king be to have a fine and for that this action be bring only by the party and  not tam pro ring how pro he himself therefore they all hold although otherwise  a action may lie yet for this cause it be not well bring wherefore it be  adjudge for the defendant