case sand against drury Qure whether tithe can he grant by copy ante roll ab  more   light a   b viner copyhold e pl trover of twenty load of hay upon not  guilty plead a special verdict be find that this bay be parcel of the tithe  sever from the nine part pertain to the rectory of Hackley and demise and  demisable time c secundum experience manor de Hackley that the prior of  Newbury be seize in fee of the manor and rectory of Hackley and in Henry  demise those tithe by copy to h under who the defendant claim and afterward by  the dissolution c the manor and rectory come to KingHenry the eight who convey  it to the archbishop of York who let that rectory to the plaintiff who claim  those tithe and the defendant under pretence of that copy carry they away et  si c the sole question be whether those tithe be grantable by copy c it be  move for the plaintiff that they be not first in respect of the nature of  tithe wherein none can have any property before the Council of lateran which  be in the time of king John for before that time every one may have pay they  to who he please but by those constitution they be annex to the rectory it be  then impossible that there shall he any custom to demise they by copy from  time c whereas none have interest in they but within time of memory tithe also  can pass unless by deed and therefore to grant they by copy of court roll can  be good there can also any thing pass by copy but that which be parcel of the  manor but it have be adjudge that tithe can be parcel of a manor wherefore c  and of that opinion be Popham for the first and last reason for although  common and prima v esturaprati may he grant by copy because they be parcel of  the manor yet tithe can be so because they can be parcel of a manor for a  manor and tithe be of several nature although they he unite in one man hand  and then it be not possible that that which be not parcel of a manor can he  demise secundum experience manor and therefore it be adjudge in the time of  queen mary in the case of the duke of Suffolk that where one have two manor  and grant a copyhold of the one manor at the court of the other manor that it  be a void grant for it can be a copyhold accord to the custom of a manor  whereof it be not parcel but gawdy doubt thereof and conceive it have be well  enough if it have be so use from time whereof c but because upon the verdict  it do not appear that it have be grant by copy from time whereof c it be hold  that there be not any title find for the defendant and therefore adjudge for  the plaintiff a