Wife against Creeke
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 510
COURT OF KING'S BENCH
[186] wife against creeke. Repair of the parish chapel sufficient to exempt from repair of the parish church. 3 Keb. 727, 791, 809. Ante 102, 163. A prohibition was prayed this term to stay a suit in the Spiritual Court by the churchwardens of Adderbury in com. Oxon. against the inhabitants of Bodecut, a village S LEV. 187. HILL. 28 AND 29 CAR. II. IN B. R. 511 within the pariah of Adderbury, for repair of the parish church ; suggesting, that they have a chapel parochial and rights parochial, and mtione inde have time out of mind been discharged from repairing the parish-church. The Court granted a. prohibition, but ordered the plaintiff to declare thereupon, that the matter might come judicially in debate, whether such custom be good or not? Accordingly the plaintiff declared, that time out of mind they have had in Bodecut a chapel parochial, or church of Bodecut infra parochiam de Adderbury; in which time out of mind there has been a body of a church, a chancel, campana & omnia alia parochialia trophcea, and divine service and sacraments, and a distinct perambulation for Bodecut, separate from that of Adderbury, and that the inhabitants of Bodecut never go to the church of Adder-bury, nor have seats there, arid that the inhabitants of Bodecut have distinct churchwardens, and make no other use of the church or church-yard of Adderbury, nisi tantum pro sepullura; and that time out of mind they have repaired their parochial chapel or church of Bodecut, and the inhabitants of Adderbury have been freed arid exempt from this charge, and ratione inde time out of mind they have been freed and discharged from repairing the church of Adderbury, and yet the defendants libel against them to repair the church of Adderbury. Upon this the defendant demurred, and for the plaintiff it was said, that a general prescription without cause to exempt from repair of the parish church is not good, for every parishioner is liable thereto of common right. 2. The cause here; scil. the repair of their own parochial chapel is not a sufficient cause of discharge ; for it is for their own ease, and therefore cannot discharge them from a duty to which they are liable of common right: but if they had prescribed to be discharged upon paying so much towards the repair of the parish church, or the walls of the church-yard, that might be good, as 2 Eolle, 290. Hob. 166. Thirdly, This custom, if there...
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