St. Mary Magdalen Bermondsey Church in Southwark
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 86 E.R. 1038
King's Bench Division
of the civil magistrate in such places as are out of the prison walls, though houses may be built upon the land belonging to the Fleet ; for the preservation of the King's peace is more to be valued than such a private right. But Atkins, Justice, said, if such places were within the liberties of the Fleet, he would not give the civil magistrate a jurisdiction its prejudice of the warden, but thought it might be fit for the Court to consider upon what reason it was that the warden of the Fleet applied such houses to any other uses than for the benefit of the prisoners. Whereupon the Court appointed the prothonotaries to go thither, and give them an account of the matter, and they would take farther order in it. EASTER TEM The Twenty-Ninth of Charles the Second. In the Exchequer. Sir William Montague, Rut., Chief Baron. Sir Edward Turner, Kim., Sir Edward Thurlatid, Nut., Sir Francis Bramston, Nut., Barons. Sir William Jones, Knt., Attorney General. Sir Francis Winniogton, Net., Solicitor General. CASE 132, ST. MARY MAGDALEN BERMONDSEY CHURCH IN SOUTHWARK. If a church be so ruinous that it cannot be repaired, a vestry, on notice given for the purpose by the churchwardens to the parishioners, may make a rate for pulling it down and rebuilding it on its old foutidation.--S. C. l Mod. 236. S. C. Jones, 89. In a prohibition, it was the opinion of the whole Court, that if a church be so much out of repair, that it is necessary to pull it down, and that it cannot be otherwise repaired, in such case, upon a general warning or notice given to the parishioners, much more if there be notice given from house to house, the major part of the parishioners then present, and meeting according to such notice, may make a rate for the pulling down of the church to the ground, and building of it upon the old founda- tion, and for making of vaults where they are necessary, as they were in this church, by reason of the springing water. Secondly, though the rate be higher than the money paid for doing all this, yet it is good, and the churchwardens are chargeable for the overplus, they not being able to compute to a shilling. Thirdly, that if any of the parishioners refuse to pay their proportion according to the rate, they may he libelled against in the Spiritual Court; and if the libel alledge the rate to be pro reparatione eeelesice generally, though in...
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