case MACHILL against malton a man may be sue out of a diocese for substraction  of tithe within it S c Lutw S c new Lut S c salk S c Mod S c salk S c Carth S  c ld ray Machill have occupy land in the diocese of York for seven year before  and have live all his life at Lincoln and at the end of seven year be in the  diocese of York as evidence he be serve with a citation for substraction of  tithe of those land genner sergeant move for a prohibition upon the statute of  Henry c against citation out of diocese and quote   palm hob Jones v Jones Ro  Rep second executor in several diocese cite in one prohibition lie if executor  be to pay legacy in another diocese where there be no good notabilia the way  be to transfer the will thither where the legatee life godb Rep brown on the  other side be urge jeffrey case a and dr blackmore case b and he quote a  Anonymous case about five year before in this court where a executor be in a  diocese where out of his own but where good lie be deny a prohibition because  citable in respect of the locality holt chief justice the question be whether  a inhabitant of the diocese of Lincoln be citable at York for substraction of  tithe there and he say that if a will be prove in the prerogative court let  the executor be where he will they of prerogative shall compel he to pay  legacy and that the mischief which occasion the statute of Henry the eight be  that the prerogative court of Canterbury and York use to cite subject of all  part of England and that if sentence be in the admiralty of France they will  transmit it hither and the admiralty of England will execute it and so be the  usage of the civil law but here they grant a prohibition because it be a  doubtful case that it may be settle and it be say at the bar that the canon  law do not take notice of locality but that with they all thing be transitory  and therefore they may proceed in this case in the diocese of Lincoln c note  in this case in Hilary term after upon deliberation per lot curian a  consultation be award a   b hard c see the word of the statute Henry c that  the party shall be sue before the ordinary of the place where the substraction  be note to the former edition modern report er p