atkins case COLEGRAVE versus juson November rehear a bill for tithe in kind a  composition set up of a quarter of rye and one of oat in lieu a trial at law  direct and a verdict for the modus the plaintiff insist on a new trial upon  the discovery of a old deed in the chapterhouse at Westminster which he set up  as a decree of the pope delegate that the revenue of the church which have be  alienate shall be restore and will have it understand that the tithe be  comprehend under the word revenue the court of opinion this paper be not a  foundation to grant a new trial and refuse to do it the plaintiff bring his  bill for tithe of grain in hind the defendant insist upon a composition of one  quarter of rye and one of oat in lieu of it a trial at law be direct and a  verdict find for the modus the plaintiff insist now upon a new trial on a  discover of a old deed in the chapter house at Westminster which he call the  record of a cause determine before the pope delegate in which it be decree  that revenue which have be alienate shall be restore to this church and  conclude that the tithe be comprehend under the word revenue the judge at the  trial refuse to admit it as evidence Lord chancellor there be no foundation to  grant a new trial for if I shall it will be a precedent to overturn the right  of man upon very uncertain ground I be afraid this be a case where prowl in a  office have spirit up the rector to dispute this modus it happen very  unfortunate for such person that they stumble upon paper which they fancy be  evidence of tithe in kind this be nothing more than a proceed in some  ecclesiastical court what non constat find first in the receipt of the  exchequer and transmit from thence to the chapter of Westminster the receipt  of the exchequer be no office of record for thing of this kind but only in  matter relate to the king revenue the officer have take upon he to put a title  to it which he have no authority to do and which the paper do not warrant in  its utmost force it be a proceed in a ecclesiastical court conclude with a  extrajudicial sentence by the pope delegate atkins No proceed in the  ecclesiastical court in this kingdom be record they be only evidence of  sentence in their court therefore I mention this that the officer there may  not take upon they to entitle they think over domini king Georg c for the  future I be of opinion it be not such a instrument that if the original have  be produce it will have be give in evidence consider what the jurisdiction be  that the pope exercise before the reformation and though usurp yet it must  have its weight he may exercise it by way of avocation or by request from a  inferior court the legate a late while in the kingdom vide cart v ball atk do  exercise a legantine authority without a appeal to the pope as for instance  cardinal Campejus neither the time nor the court do appear in this paper and  another instrument atkins er p have be tack to the parchment by a modern  string but do not at all relate to the first paper consider what be the pope  commission to the archdeacon of Leicester who he make his delegate the pope do  not take notice by what way the cause come before he whether by appeal or by  avocation or by letter of request so that here be no recital of any cause  depend before he in any shape only that there have be alienation of the  revenue of the church and that the alienees have obtain confirmation from the  pope themselves this be a kind of general inquisition only how far the  possession of this rectory have be alienate the two instrument by which they  will show it to be a cause have no relation to one another but tack together  in modern time though a usurp authority it be allow by law at that time and  must have its consideration yet as it do not appear by this parchment there be  any cause depend before the pope it can be of no signification and even if it  have its utmost force will be of no advantage to the rector against a  composition atkins I be clear of opinion this be no sort of evidence and be  very proper reject by the judge who try the cause there be the strong evidence  of a modus in this case and no pretence that tithe be ever pay in kind except  this paper and therefore there be no foundation for a new trial