case bordeaux against dr lancaster vicar of saint Martin and richard GRESDALE  parish clerk there No fee due for Christian or burial unless by custom S c  salk S c holt dr Lancaster and Gresdale sue bordeaux in the consistory court  of the bishop of London allege therein that dr Lancaster be vicar and Richard  Gresdale clerk of saint Martin and that ration prmissorum ac etian of a  immemorial custom modern report the vicar be entitle to two shilling and  sixpence for every child bear and baptise within the parish and twelve penny  for the church every woman and the clerk be entitle to twelve penny for the  register every child and that bordeaux be a inhabitant within the parish and  have a daughter bear therein and have not pay bordeaux deny the custom in the  spiritual court and move here for a prohibition suggest that a clerk be a lie  officer and his fee lie for which he can only sue in the temporal court that  of common right no fee be due for sacrament that there be no such custom as be  allege that all custom be triable by the commonlaw and that this child be not  baptise nor his wife church by the vicar nor his child register by the clerk  and now it be urge against this prohibition that these be fee use for  ecclesiastical matter and therefore may be sue for in the spiritual court and  the rather because they be small inconsiderable matter just like private  seaman wage and that the doctor and clerk do not sue for they as due by custom  but of right by canon law holt chief justice nothing can be due for these  matter by common right and as for the canon law it be of no authority of  itself in England but only so much as have be through custom receive here the  convocation can by their canon take money out of people pocket Linwood say if  a parson take anything for Christian it be simony but indeed say be something  may be by custom but then this custom can never be good to take money for  Christian a child which never be Christian by they this be like the case in  hob where a man die modern report er p in one parish and be bury in another  and a fee be demand for his burial in the parish where he die if you say you  ought to Christian their child you ought to libel against they for not  Christian their child accord to the canon law but you can never have money for  Christian when you do not therefore let a prohibition go and if you think fit  they shall declare and you may do thereon as you please