case very against soam Michaelmas term pound Elizabeth roll a prescription in  non decimand for green tares cut before they be ripe and give to milk cow and  draft cattle be good but a modus to pay so much for every calf lamb fleech in  lieu of tithe for all dry cattle sheep and wool c be have Leon bunb ld ray Com  dig cro James prohibition against the defendant parson of the church of  Sherring in Essex for that he have lihelled in the spiritual croak Elizabeth  court for tithe of green tares eat before they he ripe for tithe of herbage of  dry cattle for tithe of sheep buy or sell and for church and burial he surmise  as to the green tares that in the say parish they have not sufficient meadow  or pasture for their draft cattle and milk cow and in consideration thereof  they have use time out of mind c to pay the ten shock of their ripe tares but  for the green tares which be eat before they be ripe in consideration they  give they to their cattle they be discharge of tithe for the same as to the  herbage for dry cattle he surmise that every parishioner there who have  milkcows and calf under the numher of seven shall pay for every calf he rear  one halfpenny for every one they kill one penny for every one they sell the  ten penny and if he have seven or above to give one in satisfaction of tithe  of they and all dry cattle as to the tithe of sheep buy or sell he surmise  that they pay for the lamb one halfpenny and for the wool and fleece of the  sheep one penny and for all sheep buy or sell hetween the ladyday and croak  Elizabeth er p Lammas to pay fourpence and to the residue of the year say  nothing nor to the church and bury and for that it be clear hold ill and to  the first coke say it be nq good surmise for he may as well prescrihe to he  discharge of bay give to his cattle and it be a prescription in non decimand  and he do not prescrihe for all tares but for those give to his cattle and  have not aver they be give to his cattle so pursue not his prescription as  Edward pl be that he ought to the second surmise it be not good for he allege  not that he have calf jour if he have no calf but dry cattle he pay nothing  and it be uncertain whether he shall have calf or not so it be a uncertain  thing for a certain duty and last term it be rule in the lady Gresham case  where one presrcibed to pay yearly by the hand of two person inhabit in such  limises fourpence to the vicar in satisfaction of all tithe it be adjudge ill  for the house may decay or none live in they so nothing shall he pay as to the  first the court hold it a good surmise for Wray chief justice say the matter  be the want of meadow andpasture and if he have say for want of meadow and  pasture they have use to eat their meadow with their cattle and for so much as  they do heat to pay no tithe it have be good but for the second the not aver  he have calf this can be good and the other be not to he defend therefore for  all except the first consultation be grant and for that they will advice