Woodward's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 87 E.R. 136
IN THE COURT KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
136 trinity term, 4 ,tac. 2. in b. r. 3 mod. 211. [211] case 127. woodward's case. Church ornaments are a personal charge upon the inhabitants, and not upon those who live elsewhere, though they occupy lands in that parish.-S. C. Comb. 132. S. C. Salk. 164. Godb. 134, 152, 154. 2 Roll. Abr. 291. Bulst. 20. 4 Mod. 148. 2 Lev. 186. Free. Ch. 42. 8 Mod. 338. 10 Mod. 13. 12 Mod. 416. 2 Stra. 576. 3 Com. Dig. "Eglise " (G. 2). 1 Ld. Ray. 59, 522. 2 Ld. Ray. 1408. 5 Mod. 389. Free. Chan. 42. 8 Mod. 338. 1 Bac. Abr. 616. The statute of 23 Hen. 8, c. 9, prohibits a citation out of the diocese wherein the party dwells, except in certain cases therein mentioned, one whereof is, viz. " except for any spiritual cause neglected to be done within the diocese, whereunto the party shall be lawfully cited." One Woodward and others, who lived in the diocese of Litchfield and Coventry, but occupied lands in the diocese of Peterborough, were taxed by the parishioners, where they used those lands, for the bells of the church ; and they refusing to pay this tax, a suit was commenced against them in the Bishop of Peterborough's Court; who thereupon suggested this matter, and prayed a prohibition, because they were not to be charged with this tax, it being only for church ornaments. And a prohibition was granted. The reason given was, because it is a personal charge to...
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