case hill v turner December the that see hunt v hunt Beav de g f I martial v  martial p d the sentence of the ecclesiastical court can be reverse in a  summary way but by appeal only to proper judge nor can a prohibition to that  court be grant upon a petition by motion and a proper suggestion it may a  injunction do not deny but admit the jurisdiction of the court of commonlaw  and the ground on which it issue be that they be make use of their  jurisdiction contrary to equity so where a trustee be sue in the  ecclesiastical court for payment of cestuique trust legacy into his own hand  or in the case of a portion where the husband be sue for it there before a  settlement make this court will upon the same ground restrain they from  proceed the power of this court over infant result sack to they again upon the  dissolution of the court of ware and livery by the car though this court can  on petition prohibit the ecclesiastical court yet they will restrain a person  who have marry a ware of this court clandestine from proceed on a  excommunication either against the infant or his guardian though a ware of the  court be marry with the consent of he friend yet there must be a application  here for a increase of maintenance a bill have be bring against a executor for  a account of a testator estate and also pray that there may be a guardian  assign and maintenance for a infant the mother be appoint guardian and pound  per annum allow for his maintenance the infant be make drink at a alehouse  near the fleet prison be draw in to marry a woman in mean circumstance and of  bad character and upon a application to this court the wife be commit to the  fleet the infant mother as he have no estate sufficient to maintain a wife  till of age have put he out a apprentice to a merchant in holland upon which  the wife immediate institute a suit in the ecclesiastical court for alimony  and for restitution of conjugal right a sentence there that the husband shall  cohabit and if not that he shall pay alimony and a order make likewise by that  court upon the guardian to pay the sum of pound to the wife towards alimony  and afterward a monition to the guardian to pay a further sum as a increase of  alimony and a sentence of excommunication pronounce against her for not obey  the monition and also against the infant the husband for not receive his wife  mary Stewart the mother of the plaintiff petition the court that a prohibition  may be grant to stay the proceed upon the decree and excommunication against  her in the spiritual court Lord chancellor I have no doubt at all as to the  propriety of apply to this court but the misfortune be the want of a  sufficient law to restrain such clandestine marriage which atkins be not only  introductive of great mischief but put court of judicature under great  difficulty see stat Geo c but notwithstanding this defect in the law it be  incumbent on this court to prevent as far as they can person from profit  themselves by such infamous method notwithstanding the wife may have be  discharge from the order of commitment yet till she have pay the cost of the  court for the contempt she be still under the authority and jurisdiction of  this court though she go at large I can reverse the sentence which have be  pronounce in the ecclesiastical court that can be only do by appeal to the  proper judge for it can be reverse in a summary way nor can t upon a petition  grant a prohibition to the ecclesiastical court for that can only be upon show  they have no jurisdiction which must be do by motion and a proper suggestion  beside there be no colour to say the ecclesiastical court want jurisdiction  for the authority they exercise in matrimonial case be the general law of the  land and extend to person not only of full age but under provide they be old  enough to contract matrimony but the question will be whether this be not a  particular case and so circumstance as to give I a authority to restrain the  person without meddle with the jurisdiction of the ecclesiastical court for a  injunction when award do not deny but admit the jurisdiction of the court of  commonlaw and the ground upon which it issue be that they be mailing use of  their jurisdiction contrary to equity and conscience the same with regard to  the ecclesiastical court in case of a legacy leave in trust atkins er p where  the trustee be sue for payment into his own hand the court will restrain he  out of regard to the interest of beneficiary and trust and will do it likewise  in the case of a portion devise to a daughter upon marriage where the husband  be sue for it before he have make a adequate settlement see anon ante it be  upon this foot I shall proceed for if I be not to restrain the wife all the  care the court have exercise with regard to the estate and person of the  infant will be vain and useless it have be right say that this court will not  only take care of the infant maintenance and education but that he do not  marry likewise to his disparagement and though there be no particular order to  restrain yet the marriage be a contempt of the court this court have the care  and order of infant and though by act of parliament the court of ware have a  particular power over they and lunatic yet in every other respect the law as  to infant continue as before and as the statute of the car c have dissolve the  court of ware and livery atkins the power of this court over infant be result  back to they again the law of England be favourable to infant no decree shall  he have against they here but what they may show cause for when they come of  age this court will make stranger Accountable to infant in case they take upon  they to receive the profit of their estate this court can also ascertain the  quantum of a infant maintenance and to who it shall be pay and this be  conclusive to all party the allegation of faculty be a term in the  ecclesiastical court in regard to the ability of a infant to allow alimony and  be accord to the quality of the person and the quantity of the maintenance it  be this make they judge of the application of the maintenance and encroach  upon the jurisdiction of this court and for who have they now interpose for  the benefit of a wife who have in a scandalous manner inveigle a infant and  steal he away from this court but though I can upon a petition prohibit the  ecclesiastical court yet I will restrain the wife from proceed either upon the  excommunication pronounce against the infant or upon the excommunication  against the mother the guardian of the infant for as there be a certain sum  allot for his maintenance the guardian be to be consider as very little more  than the hand of this court for if the guardian apply it to other purpose it  be a misapplication and she will be liable to the censure of the court suppose  this woman have even marry the infant in a fair way and with the consent and  probation of friend still there ought to have be a application to this court  for a increase of maintenance and I have know such instance and it be high  improper to institute a suit in the ecclesiastical court for that purpose his  lordship order that mary hill who seduce the plaintiff the infant by ill  practice to marry her while he be under the care of this court in contempt  thereof be restrain from proceed in the spiritual court against the petitioner  the guardian of the infant for payment of alimony and that she be also  restrain from proceed there against the himself for restitution of conjugal  right and alimony and on motion or other application to be make to the  spiritual court on the behalf of the infant or his guardian or either of they  to absolve they or either of they from the sentence of excommunication award  against they or either of they his lordship order that mary hill do consent  thereto in the spiritual court to the end that such sentence or sentence may  be effectual remove out of the way Reg lib a fol