case pigot against hear Michaelmas term pound Elizabeth roll the lord of a  manor may prescrihe to take all tithe within his manor but he must prescrihe  to have Decimus garban c and not Decimus garbarum for it be a profit a prender  and not proper tithe ante post SC more   hob sand Bac Abr action of trover of  certain corn the matter in law whereupon the demurrer be ground be the lord of  the manor of Prudshow within the parish of Ovingham in the county of  Northumherland presrcibed that he and all his ancestor and all those who c  have use from time whereof c to pay to the parson of Ovingham the now  plaintiff and all his predecessor l for all manner of tithe grow within the  say parish and that by reason thereof he and all they who p lord of the say  manor have use from time whereof c to have Decimus garban sive for the tenth  time finishing touch garbarum seu a grain of all his tenant within the say  manor and whether these be good prescription or not be the question Popham  gawdy and Fenner hold that they be good and as to the first they conceive that  a modus kill by the lord or himself and all the tenant of his manor to bar the  parson from demand tithe in specie be good for it may have a lawful beginning  croak Elizabeth er p videlicet that before it be a manor all the land be in  the lord hand and be pay for the tithe thereof then when he convey parcel  thereof to other it shall he discharge as it be in the lord hand as in the  case of doctor Colton ante and as to the second prescription that it be good  to have the ten shock c for he have it as a profit a prender as parcel or a  thing appurtenant to his manor and not as tithe for a layman can have tithe by  prescription because he be not capable of they in regard they he spiritual but  he may have the ten shock as a temporal profit apreinder as Edward pl and it  well may he parcel of a manor otherwise of tithe which can be say to he parcel  or appendant to a manor as it be adjudge in WinWs case Elizabeth and so be the  book of Edward pl and therefore if the lord have presrcibed to have have  Decimus garbarum it have be ill but when he prescrihes to have Decimus garban  c it be otherwise for so there be a difference betwixt the plead for tithe  which be spiritual and of a ten which be temporal they also agree that if the  queen be lady of a manor she may prescrihe to have tithe for she be capable of  they although they he spiritual as assize for he be to mix mask et capax  spiritual jurisdiction as Edward aid de Roy  wherefore absent Clench they  adjudge it for the defendant a