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Rogers against Davenant

Nominate Series English Reports Cited authorities 3 Cited in 3 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1796
Date01 January 1796
CourtHigh Court

English Reports Citation: 86 E.R. 852

IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Rogers against Davenant

case 2. rogers against davenant. The Spiritual Court may compel parishioners to make a rate for repairing the nave of the church but not of the chancel; but the rate, whether for repairing or rebuilding, (a) The writ was granted, and the prisoner brought into Court; but he was remanded, because the Court would not take sureties for his good behaviour : but now by the Habeas Corpus Act, 31 Car. 2, c. 2, any of the Superior Courts in term time, and any Judge of any of those Courts in vacation time, may award a habeas corpus to any prisoner whatsoever. (a) See Tidd's Practice 28, 121. 1 MOD. 237. EASTER TERM, 29 CAR. 2. IN C. B. 853 must be made by the majority of the parishioners assembled by a general public summons from the churchwardens.-S. C. ante, 194. Post, 259. Fitz. N. B. 50. 2 Inst. 489. 5 Co. 67. Poph. 197. 2 Eoll. Abr. 291, 311. 1 Roll. Rep. 126. Lutw. 1023. 1 Ld. Ray. 59. 3 Term Rep. 3. 3 Keb. 829. 1 Jones, 89. 2 Mod. 222, 259. 2 Lev. 186. 1 Vent. 367, 308. 8 Mod. 338. 10 Mod. 12, 22, 12 Mod. 83. 1 Ld. Ray. 89. 2 Ld. Ray. 1388, 1390. 1 Stra. 570. 2 Stra. 1045, 1145. 2 Peer. Wms. 107, 125. Andrews, 69. Fort. 346, 199. 3 Burr. 1689. By the Court.-First, if a church is in decay, the Bishop's Court must proceed against the whole parish to have it repaired; for they cannot rate any particular person towards the repair of it. But the churchwardens must summon the parish; and that needs not be from house to house, but a general public summons at the church is sufficient: and the major part of them that appear may bind the parish. Secondly, if the church and chancel be out of repair, the parishioners are only chargeable to be contributory towards the repairs of the navis ecclesiie. Thirdly, if a libel be against the parish for not repairing the church, though the word " ecclesia " may include lite chancel, yet we will not grant a prohibition. Fourthly, if a tax be set by the major part of the parish pro rvparatione ecclesice, it ia well enough ; and afterward any part of the money raised be laid out upon the...

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