Carthew GUMBLE versus FALKINGHAM modus as to the tithe of a watermill Mod SC I  show S c Bulst cro Litt Rep Rep in a prohibition the case be videlicet  Falkingham rector of h libel in the consistorycourt of the bishop of e for  tithe of two mill the one a watermill and the other a windmill and this demand  be of praedial tithe videlicet the ten tolldish Gumble plead a modus of S d as  to the watermill and as to the windmill if any tithe ought to be pay it ought  to be personal tithe videlicet the ten of the profit and not the ten tolldish  Falkingham the rector by way of additional libel as they call it reply that as  to the watermill Gumble have add a pair of new stone to that mill and by that  mean the modus be destroy and as to the windmill he reply that by the canon  law and by the law of this land it ought to pay praedial and not personal  tithe and thereupon that court proceed against Gumble and now it be move for a  prohibition suggest a modus as to the watermill ut above and as to the  windmill he set forth the statute of Edward concern tithe videlicet that tithe  ought not to be demand if not ancient pay c and far that if any tithe be due  for a mill they be only personal tithe out of the clear profit of the mill and  not the ten tolldish as be demand in the argue this case two question be make  whether the modus for the watermill be destroy by the addition of another pair  of stone under the same roof the other question upon which the great doubt do  arise be what kind of tithe ought to be pay out of a titheable mill if only  personal tithe videlicet the ten of the clear gain or else praedial tithe  videlicet the ten of all the income in general and the case in the margin  footnote be cite for the prohibition and for the continuance of the modus  Carthew et per curian the modus be not destroy by the addition of the new pair  of stone but as to the other matter they doubt and therefore a prohibition be  grant general on purpose that the point may come before they upon a  declaration and demurrer to it so that the matter may receive a solemn  determination by the court