The same Terme in the same Court.

WEld of the Inner Temple moved for a Prohibition to the Ecclesiasticall Court at Worcester, and shewed for cause. 1. That the suit there was for money, which by the assent of the greater part of the Parishioners of D. was assessed upon the Plaintiffe for the reparations of the Church, to wit, for the recasting of their Bels, the truth is that the charge was for the making of new Bels, where there were four before, whereby it appears that it is meerly matter of curiosity, and not of necessity, for which Parishioners shall not he liable to such taxations, and he relied upon. 44. E. 3. 19. by Finchden. 2 The party there is overcharged, of which the Common Law shall Judge. 3 The Party hath alledged a Custome that he and all those who hath an estate in such a Tene∣ment, have used to pay but 11 s. for any reparation of the Church. But the Prohibition was denied, and by Doderidge in the Book of 44 E. 3. there was a By-law in the case to distrain, which is a thing meerly temporal, for which the Prohibition was granted & per Curiam, in this case the assessment by the major part of the Parishioners binds the party; albeit he assented not to it: and the Court seemed to be of Opinion that the Custome was not reasonable, because i••aid a burthen upon the rest of the Parish. Littleton of Counsell of the other side, suppose the Church falls shall he pay but 11 s. Whitlock, If the Church falls, the Parishioners are not bound to build it up again, which was not denied by Justice Jones,