Bulstrode MOTTERAM plaintiff against MOTTERAM defendant a prohibition roll r  Ro Abr l Ro Abr Hillar James the case of the churchwarden in a prohibition  upon a suit in the spiritual court the case be this S a suit be in the  spiritual court for defamation by the wife of the party a sentence there give  and cost pro expenditure lawsuit the husband do release these cost which they  will not there allow of upon a suggestion here that the husband be divorce  causan adultery a prohibition be pray against the prohibition a case be cite  Hillar James where a suit be in the ecclesiastical court by two churchwarden  for not repair of the church one of they do release the which release be there  plead and disallow a prohibition Bulstrode er p be pray but afterward a  consultation be grant because that this court be not to judge of this which  proper belong unto they object the reason object because the release be not  there by they allow of and that this be matter of injustice resp in answer to  this this may be there try by appeal also there may be good cause for they to  disallow of the release and no injustice do by this also this release in this  case be make after sentence there give and if at the commonlaw such a release  shall be make after judgement give this will not be good if a writ of error be  bring here upon a judgement give in the c b and for error show a release make  after judgement this be no error to reverse the judgement here the divorce be  a month thoro and also from all matrimonial duty for the prohibition it be  urge and much enforce that this release by the husband be good the suit be in  the ecclesiastical court for defamation sentence there give the wife divorce a  month thoro which do not dissolve vinculum maritagij but that this  notwithstanding they may come together again when they will and such a divorce  be no bar of dower and this be not like to the case before remember of the  churchwarden which must be agree to be so Elizabeth b r between Melham win it  be here rule that a gift of the good of the parish make by the churchwarden be  not good without the assent of the sidemen and the vestry and if by the vestry  the same be good this be then in manner as a bylaw here cost be give and the  husband do release they if they will there give sentence notwithstanding this  release and against the same they ought to be prohibit this release here as it  be urge be a full bar of the effect of the sentence this matter plead there  before the court of audience and the release there show and therefore they be  not to execute this sentence against the release dodderidge justice in the  case which be between Tottey and Stevens Trin Elizabeth b r rot where baron  and feme be divorce for adultery on the part of the wife there be a suit also  for a legacy which be a good case and suit with this case here in question if  it be look into Haughton justice in case of a suit for a legacy the husband be  for to pursue this aid therefore his release here may be good but here in this  case the matter in question be for slander of the wife and this be personal to  the wife and the determination of this be leave unto they there and if by  their law in such a case the release of the husband be not good thereby to  deprive the wife of her cost be dupon the original S the defamation we have  nothing here to de with this for to correct their law and therefore they be  not in this case by we to be prohibit Bulstrode dodderidge they there only  restore the party to her good name in case of defamation as here in this case  and this do very much differ from the case of a legacy the point here only be  the husband and wife be divorce causan adultery the wife she sue in the  ecclesiastical court for defamation and there recover and cost be give the  which the husband do release whether this release thus make by the husband  shall bar the wife of her cost and if they will not allow of this release  there whether a prohibition shall be grant or not the whole court clear of  opinion that no prohibition in this case be to be grant and so by the whole  court in this case a prohibition be deny