Bulstrode WROTHMEAL plaintiff against gill defendant a prohibition bank prove  the court for a prohibition to the ecclesiastical court the ground and  suggestion for to have a prohibition he do gather and collect out of the body  of the libel because there the parson libel for tithe set forth no title at  all to enable he to have the tithe be only lie that he be the curate of such a  church and do not ill that he be admit institute and induct for that before  induction no freehold vest in he to entitle he to have the tithe for Bulstrode  er p undertake non to have distinction and by h fol h f he can have and  maintain no action neither a spoliation nor trespass before his induction for  before this he be not entitle to the tithe and a release by he make before  this be not good as appear by h fol commentary in hare and Bickleys case  dodderidge justice by institution to have spear air the word of institution be  set up ten to have spear air spear thy of me so that undertake be a vicar  admit and institute and the law take notice of a curate as appear by the  statute of Elizabeth upon a motion there make by the curate as mention be make  in the say statute for matter of recusancy and abjuration and so undertake  this imply a parson institute here by the libel it appear that the parish name  be Burton Cutberd and it be mention that he be undertake church rite legitime  admission legitime investitus and so good and sufficient and by the canon law  investitus be take for lead in and make all the matter plain and as if he have  say undertake admission lead in and this be good Whitlock justice agree herein  if he have say rite legitime lead in this be good here it be investitus and  this be all one undertake investitus lead in imply custom undertake imply this  because ad spear air and so this be good and sufficient crew chief justice  agree with they herein that the suggestion be good dodderidge you have not the  word mask send rector the whole court agree in this that if the truth of the  case be so that he be but stipendarius a mere stipendiary parson then this to  be plead there and if they de refuse this plea then this shall be a good cause  to move for a prohibition bank make answer that the truth of the case be that  this be a impropriation and that there be neither parson nor yet vicar there  and so the suggestion be dodderidge this be not to be for then this suggestion  shall be contrary to the libel but plead your matter there as the truth of the  case be and then upon their refusal there to give a allowance of this then you  may move for a prohibition and so without any further debate of this matter  the same rest upon this former direction give by the court unto the plaintiff  in the prohibition to be by he pursue no prohibition grant but that they may  there proceed