Bunbury aid v flower June a vicar need not set forth how he be entitle to  tithe herbage and small tithe hard stone v Ludlow hard burn ecclesiastical law  p hob Inst a vicar prefer his bill for tithe herbage and small tithe it be  object for the defendant that tithe for the depasture of barren and  unprofitable cattle may be due of common right but not to the vicar therefore  it lie upon he to show that he be endow of it or at least that it bath be  usual receive by the vicar which will be a evidence of a endowment as to the  tithe of meadow ground that bath be mow of which the vicar have have the tithe  and after it be depastured by unprofitable cattle there be no tithe due for  that note the copy of the valour a favor which be take by commission in the  reign of Henry be produce and it do not appear that this demand of the  plaintiff be mention there among the other small tithe Lord chief baron bury  and Montague contra price that the bill shall be dismiss N B it be object to a  evidence that he have the inheritance of land within the parish though he be  not a inhabitant and the land be in the hand of a tenant and therefore his  evidence will be to discharge the inheritance of the land of the tithe which  will be such a advantage to he as to render he not indifferent but  notwithstanding this objection which go only to the credit of a witness he be  admit to be read Mr fortescue aland be make a baron this cause be reheard July  and then the Bunbury plaintiff produce the endowment of the vicar by the dean  and chapter of York whereby the vicar be endow de omnibus in every way minute  Decimus whoever and as to the valour Beneficiortum it be say that there be  other tithe not mention in that book which the defendant themselves admit  belong to the vicar and by the opinion of the four baron the defendant be  decree to account with cost it be say in the case of hucks v Phelps that if a  man libel in the spiritual court for tithe in kind and the defendant in that  court plead a modus and the spiritual court refuse that plea a prohibition  shall go a man may libel below for a modus or for tithe due by custom but if  the modus or custom be deny the spiritual court can proceed