case bokenham vers BENTFIELD in scacc a plea of the statute Elizabeth c for  non residence be allow to be good when plead to a bill bring by a lessee for  tithe bunb burn e l p Cowp this be a bill by the lessee of the parson of for  tithe against the defendant a parishioner to which the defendant plead the  statute Elizabeth c by which it be enact that no lease of any benefice or  ecclesiastical promotion with cure or any part thereof shall endure any long  than while the lessor shall be ordinary resident and serve the cure of such  benefice without absence above day in any one year but that such lease  immediate upon such absence shall cease and be void c and that the lessor be  absent above day in such year whereby his lease to the plaintiff do become  void and the plea be admit to be hear accord to the rule of court no one then  appear to defend or maintain the title of the plaintiff for it be say by the  counsel for the defendant that such plea be former allow that it be allow on  the that of February hill Geo in the case between bunb a mill and Etheridge  that it be allow also pasch Geo in the case betweenGilb Rep Eq Abr pl bunb b  quilter and Missendine and between quilter and Lowndes that the sole question  in those case be if the defendant shall not answer to the quantity and value  allege by the bill at the same time that he tender his plea so as where the  defendant insist on a modus as a discharge of his payment of tithe in specie  yet the defendant ought to answer to the quantity and value of the tithe  charge in the bill otherwise if it be afterward find that there be no such  modus the plaintiff can have a decree against the defendant because it do not  appear bow much be due by he for his tithe to the plaintiff but it be then  resolve by the court that upon such plea of nonresidence of the lessor the  defendant need comens not answer to the quantity and value for such plea go to  the right and title of the plaintiff but where a modus be allege that admit  the title of the plaintiff to take tithe of the defendant but only go to the  manner of payment if tithe shall be pay in specie or not and upon all those  authority allege the plea in the present case be allow