BONSEY against lee in suit for tithe in the spiritual court if letter patent c  come incidental in question this court will grant a prohibition Salkeld Cowper  a prohibition be move for suggest that the trial of letter patent and all  grant from the crown be triable at commonlaw and not in the spiritual court  and that the defendant bad libel there against he for tithe upon title to the  rectory by letter patent whereas the plaintiff have a precedent right to the  rectory by letter patent from the crown more antieilt notam the libel be only  in common form sure that he be proprietor of all the tithe without make out  his title in the libel but upon the plead title be make by letter patent on  both side and now by north Wyndham and Charlton a prohibition be grant for the  spiritual court be not to try the validity of letter patent levinz contra the  suit be find upon the tort only in withdraw the tithe and the title if it come  in question fall in only as a incident and in all suit at commonlaw for tithe  the declaration be general as proprietor without show a title in the  declaration and when the foundation of a suit be spiritual and a temporal  matter fall in question incidental the ecclesiastical court shall try the  temporal matter so long as they proceed as the temporal law will in such case  but when they proceed in a temporal matter otherwise than the temporal law  will they be to be prohibit but not before   a rule be cite out of the  register quod non be levinz consonant account quod getting to know accessaril  in curian Christian impedialur Ub getting to know chief to stretch out adforum  Church rites I r when a thing determinable in the spiritual court be well  commence there though a matter triable at law come in question they shall not  be prohibit thereupon so long as they proceed therein accord to the commonlaw    libel for tithe upon a lease of a rectory defendant plead a former lease and  that he have but one witness yet they shall proceed unless they refuse the  testimony of one witness   full versus Whitehead the validity of livery come  incidental in question between two grantee of rectory and be try there Reg and  the rule already cite from   Rep that rule be part of the writ of consultation  cro Elizabeth to bind versus jennet whether one take upon a capias ullagat  five year after the judgement be in execution for the party be try there cro  Elizabeth baker versus Roger a general act of pardon incidental in question  there be try there Trin car b r sir William juxon vers Lord Byron mortgage be  of a rectory proviso that the mortgagor shall retain possession till default  of payment default be make and the rectory be in story a trustee it be by Act  of parliament take out of he and vest in sir William juxon who before entry  sue for tithe there and they sentence that be can not and a prohibition be  deny per hale totan Curiarn for before entry make or a recovery of the rectory  he can not at commonlaw maintain debt for the tithe but in the principal case  here the prohibition be grant ut above