case FENWICKE against lamb and other at the roll Dec a father of hay as a  modus in lieu of tithe hold uncertain and void lib Reg a foe a bill by  plaintiff vicar of Bolam in Northumberland for account and satisfaction of  tithe hay in the township or hamlet of Shortflat within that parish for the  year ambler er p to which he make claim under a endowment the defendant in  their answer insist upon a modus that the occupier of a part of ShortflatBog  lie within the say hamlet call the parson bind have time out of mind and ought  a final to cut win and make into hay of the grass ambler grow thereon two  fothers and carry the same at their own expense to the vicaragehouse in  satisfaction for tithe hay of the whole township or hamlet and that the same  have be and ought to be accept as such and that a father be a certain  determinate quantity well know in those part it be prove by plaintiff witness  and not contradict by any on the part of the defendant that ShortflatBog be  the worst part of the township and that the parson bind be the worst  ShortflatBog that it be a wet swampy uncultivated piece of ground and that it  produce only rush or sedge or at most but a very little grass that the produce  of it be only fit to cover house and rick and it be prove by the witness on  both side that a father be as much as can be draw in a long wain by two ox and  two horse there be no evidence of tithe in kind have ever be take for this  hamlet but on the contrary it be prove by the defendant that this modus have  always be accept several objection be take to the modus by Mr jewel and myself  saint as unreasonable with respect to the occupier upon the face of it and  unreasonable upon uncontroverted evidence with respect to the vicar d  uncertain to the saint it be argue that it be unreasonable for the occupier of  this small part to pay tithe for the whole township that it do not appear on  the face of the modus itself nor from any proof that he have any compensation  for it to and that the vicar in fact have nothing but rush and sedge in lieu  of tithe that as a modus on the one hand may be too rank so on the other hand  if it appear to be worth nothing it be void to d that the father as describe  by the witness be too uncertain the quantity of hay depend on the condition  ambler of the soil on the weather on the goodness of the ox and horse and on  the will of the occupier who may take the opportunity to carry it in wet  weather when the bog be scarce passable on the other side it be argue by Mr  Perrot and Browning to the saint that it be not unreasonable for the court  will suppose the whole township in possession of one owner at the time of the  agreement presuppose by the modus who may lie the whole burden upon this part  it may be worth the vicar while to accept it the tenant rend it accord the  purchaser buy it cum load to and it may have be very good land at the time of  the agreement perhaps better than any other in the township any alteration  since be not to be regard the other part may have be improve perhaps because  clear of tithe to rd certain enough tithe be affect by weather if horse not  good it be a fraud on the vicar and a action will lie as certain as a hoard of  apple or a bushel of corn which be different in different place and be more or  less accord to what market you carry it sir Thomas clarke master of the roll  be of opinion that it be reasonable enough but not sufficient certain for the  reason give at the bar and decree a account bill state that by prescription or  some ancient endowment composition or other legal right plaintiff and his  predecessor vicar of say parish and parish church have be from time to time  entitle to and have from time to time receive and take the tithe of hay grow c  upon all the land within the parish and particular within the township c of  short hale within say parish the modus set up be as state in the text the fact  mention to be prove by the witness for the plaintiff be state in the bill and  not deny by the answer decree declare that the modus insist upon by the  defendant be not good and direct a account for and the defendant to pay  plaintiff his cost to be tax to the hear subsequent cost reserve ambler er p