coke b dr grant case mich James which be enter in c b pasch James king rot it  be a good modus decimaIndi that every parishioner or inhabitant have or occupy  a mansionhouse shop warehouse c within the parish shall pay in lieu of tithe  for the same two shilling per annum upon every S rend and such sum may be sue  for in the ecclesiastical court Gwill eagle the case be that Gabriel grant  doctor in divinity Parsonof the parish of saint Leonard in foster lane infra  prcinctuni consecrated Martini Le grand libel in the spiritual court before dr  master official of the dean and chapter of Westminster against Edward tailor  farmer of a great and ancient house call the dean house within the precinct of  saint Martin Le grand late parcel of the possession of the abbot of  Westminster and allege that every parishioner or inhabitant have or occupy a  mansionhouse shop warehouse cellar or stable within the say parish of saint  Leonard within saint Martin Le grand yearly every quarter of the year at the  feast of easter the Nativity of saint John the baptist saint Michael the  Archangel and the birth of Christ a lempore pron  interrog  c or at least from  the foundatio donation and erection of the say rectory of saint Leonard by  equal portion to the parson of the say rectory for the time be nomin et loco  decimar to sew juxta raft pron  interrog  twenty make solid free To give back  per a ex where you will coke a hujusmodi house shopa follar cellar sive inn  such tent sive occupate in predicta parochian duos solid figure of  monetce 4nglice c and that the say Edward tailor and his family do dwell in  the say house three year and have and possess it for the same time sub one  year old To give back sexdecem a balance seu salten a balance c and so demand  two shilling in the pound c the say Edward tailor exhibit a information and  suggestion to the court that the late abbot of Westminster and all his  predecessor until the dissolution of the say monastery which be year Henry  have hold the say house discharge of tithe and allege the statute of Henry  concern the discharge of payment of tithe and convey to himself a lease for  year and thereupon have a prohibition to which the say doctor grant appear and  tailor declare against he to the effect aforesaid and doctor grant traverse  the say prescription of discharge of tithe whereupon issue be join and try  before I in London for doctor grant and now it be move by tailor be counsel  that upon the say libel no consultation ought to be grant for de coy? muni  jure no tithe ought to be pay for house of habitation nor for any rend reserve  upon any lease make of they for tithe ought to be pay of thing which h where a  discharge be claim from unity of possession it must be state in the  declaration in prohibition that the religious house be find before time of  memory prowse v dr leyfield Gwill coke report b er p grow and renew from year  to year by the act of God vide register b f n b e Br title dime and not for  dwell in house or of rend issue out of land reserve and create only and mere  by the act of the party and therefore in the city of London the parson have  two shilling and eightpence in the pound c in name of tithe but that be by  decree make year which be enact and confirm by authority of parliament year  Henry cap but saint Martin Le grand be not include within the say decree and  Act for it be within London and not of it and therefore remain at the  commonlaw t and in Edward fol I a and Edward fol a by Finchden it be say that  the profit of the church in London be the ablations and obventions but it be  resolve per totan curian that a consultation shall be grant for it may have a  lawful beginning for it may be that for all the tithe of the land upon which  the house be build this modus decimalndi have be a tempore pron  interrog  c  pay and although it be after build that shall not take away the right of the  parson in such case and because it may have a lawful beginning and that it  have be use a tempore pron  interrog  c and it be therefore resolve that a  consultation shall be grant a it be likewise resolve that for these moDies he  may sue in the ecclesiastical court because they be in the nature coke b of  tithe videlicet modus kill and every ancient city and borough have for the  most part such custom de modus kill for their house for the maintenance of  their parson and as to the opinion in Edward and Edward it be say that  obventio to say ab obveniend and include ablations rend or other revenue which  may well agree with the resolution before and afterward a consultation be  grant note the may be c in the first resolution ante seem a weak reason to  support that resolution note to former edition