borough a gt foul KB same term until proceed after the plea have be have below  the court will not grant a prohibition Mr Norton show cause against grant a  prohibition to the spiritual court of the diocese of Licbfie ld and Croventry  on a suit there by foul against borough for not pay pound S as her proportion  of money expend by foul the churchwarden in repair a chancel the libel state  that the plaintiff and one wood of Derby be entitle in undivided three to the  tithe of corn grow in the parish of saint werburgh Kenyon in Derby and in  respect thereof ought of common right to repair the chancel then it set out  several time when they have so repair that in on rebuilding the church the  body be build at the charge of the parish but the chancel by the then three  impropriators that in the chancel be out of repair the impropriators be  require to repair it but they refuse the defendant as churchwarden expend  pound S in repair and that the other two impropriators have since repay he  their proportion but the plaintiff refuse plea protest that impropriators  never do repair set out a custom for the parish at large to repair this  chancel Mr Norton insist that they be premature in their application for it do  not appear that any thing have be do since the plea nor that it have be reject  c which be always expect before that court will grant a prohibition because  the other side niigh come in and admit the custom salk chamberlain oh London v  Hewitt Str Mr tailor white on the other side then endeavour to show that there  be a defect of jurisdiction in the bishop court on the face of the libel which  be for money expend for which he may sue in the temporal court that the libel  ought to have be to compel to repair and not to repay the defendant c denison  I the ground for prohibition be two for defect of jurisdiction pro diminution  triationis here the bishop most clear have jurisdiction and whether the Kenyon  churchwarden have pay the money lie out in these repair or not do not at all  alter the case to be sure they can try the custom but the constant practice be  not to grant a prohibition till some further proceed have be have after the  come in of the plea perhaps they may never proceed and then there be a end of  the matter therefore the rule must be discharge for want of a affidavit that  the bishop have reject the plea c N B on the last day of the term Mr Norton  tell the court that he be inform the plea have be in fact reject wherefore he  waive his rule for discharge and the rule for the prohibition be make absolute