LAW REPORT
COURT OF KING'S BENCH, Westminster, July 3.
THE KING v. THE BISHOP OF PETERBOROUGH.
The LORD CHIEF JUSTICE delivered the judgement of the Court of this case at considerable length. It was a rule for a prohibition to restrain the Ordinary from proceeding on a monition of the Bishop of Peterborough, directed to Mr Wetherell, a clergyman within his diocess, and commanding him to pay to his curate, Mr Paris, the arrears of his salary. Mr Wetherell resided on his cure, but being desirous of some assistance in the discharge of his clerical duties, and also in the management of a school, agreed with Mr Paris to become his curate at a salary of 100l. a year. The Bishop, however, took on himself to fix the salary of Mr Paris at 120l., which he afterwards claimed, and which the incumbent refused to pay. The Court, adverting to all the statutes passed for the regulation of currents, were of the opinion that the Bishop was not invested with power to control the salary of a curate engaged by a clergyman who himself resided on his benefice, and therefore made the rule for a prohibition absolute.