case saint mary magdalen BERMONSY church INSUTHWARK if a church be so ruinous  that it can be repair a vestry on notice give for the purpose by the  churchwarden to the parishioner may make a rate for pull it down and  rebuilding it on its old foundation c Mod S C Jones in a prohibition it be the  opinion of the whole court that if a church be so much out of repair that it  be necessary to pull it down and that it can be otherwise repair in such case  upon a general warning or notice give to the parishioner much more if there be  notice give from house to house the major part of the parishioner then present  and meeting accord to such notice may make a rate for the pull down of the  church to the ground and building of it upon the old foundation and for make  of vault where they be necessary as they be in this church by reason of the  spring water second though the rate be high than the money pay for do all this  yet it be good and the churchwarden be Chargeable for the overplus they not be  able to compute to a shilling three that if any of the parishioner refuse to  pay their proportion accord to the rate they may be libel against in the  spiritual court and if the libel allege the rate to be pro reparation church  general though in strictness church contain both the body and chancel of the  church yet by the opinion of the court of common plea and of the exchequer it  shall be intend that the rate be only for the body modern of the church but in  this case it be make appear clear that the rate be only for the body and that  the minister be at the charge of the chancel fourthly and both court agree  that when a prohibition be move and desire on purpose to stop so good a work  as the building a church the court will not compel the party to take issue  upon the suggestion when upon examination they find it to be false and  therefore will not grant a prohibition for if the rate be undue impose the  party grieve have a remedy in the spiritual court or may appeal if there be a  sentence against he five the bishop or his chancellor can set a rate upon a  parish but it must be do by the parishioner themselves and so north chief  justice say that it have be late rule in the common plea afterward the court  of king bench be move for a prohibition in this case and it be deny so that in  this case there be the opinion of all the three court this matter be so much  labour because twentyfour quaker be report to be concerDed in the rate and  they be unwilling to pay towards the building of a church a see will c S  enable justice to compel quaker to pay small tithe which statute be extend by  Geo c S to all ecclesiastical due a modern er p easter term the twentyninth of  Charles the second in the king bench sir Richard Rainsford Knt chief justice  sir Thomas Twisden Knt sir William wile Knt sir Thomas Jones Knt justice sir  William Jones Knt attorneygeneral sir Francis winnington Knt solicitor general