barton and Hollis the vicar claim the title of hay of the rectory by endowment  against the lessee of a impropriator who thereupon obtain a prohibition the  defendant have libel in the spiritual court for tithe as vicar of S do there  set forth that by ancient and laudable custom all the small tithe of the  parish of S do and have belong to the vicar of the say parish for the time be  and that in the year for the augmentation of the aforesaid vicarage the vicar  be further endow of all the tithe of hay within the say parish and for those  he libel against the then defendant be farmer of the rectory now for a  prohibition the plaintiff suggest that the rectory of S aforesaid be  appropriate to the priory FitzGibbon er p of d and so bring it to Henry the  eight under the statute of dissolution and from he to the dean and chapter of  Norwich who lessee he be and that the rectory aforesaid and all the land  thereunto belong be at the time of the dissolution of the say priory to which  c and have be at all time before and since time out of mind discharge of tithe  sergeant Skinner for the plaintiff all matter cognisable by the spiritual  court shall be entire spiritual Ro ab title Prohib and since the dissolution  of monastery a rectory impropriate be to be consider as a lie fee further  where the question be about the right of tithe as to who they shall be due  there the spiritual court have jurisdiction but they have none where the  question be whether tithe be due or not Fitzherbert Gibbon and if they shall  be admit to proceed in this case they must determine whether the glebe of this  rectory be titheable for the plaintiff be farmer of the glebe and the libel be  for the tithe of the rectory of which the glebe be parcel now it be against  common right that the glebe shall be titheable but however it be a question  not fit for their determination if the plaintiff shall plead in the spiritual  court a discharge of tithe under the statute of h they will not receive such a  plea raym   Vid more Yelv wats sergeant Eyre for the defendant two question  will arise whether the vicar can have tithe out of the glebe whether this be  between the vicar and the impropriator the spiritual court have jurisdiction  and as to the first if there be a express grant of tithe out of the glebe it  be good cro Elizabeth more as to the second the impropriator be in the place  of the parson be to be consider as a ecclesiastical person and so the rectory  impropriate be to be take as to the vicar as in the hand of the parson and  therefore the right of tithe will be the only question in the spiritual court  for it will be as if he shall claim those tithe against the parson who can  only object that he be parson and that the tithe be claim out of his glebe in  his own possession and this be the case the statute of circumspect to put in  motion exclude the jurisdiction of the temporal court Ro ab false print Brownl  more godb Bulst Bulst Eyre Ch just this be a suit by the vicar against the  lessee of a impropriator of a rectory for the small tithe of the parish and  the hay tithe of the glebe which the vicar claim by prescription and endowment  which I hold to be good for the glebe may be charge by a express and  particular charge as appear by the case cite I do not find the prescription be  deny nor otherwise answer than by set up another prescription against it which  in effect be in non decimand and no plea out of the mouth of a layman for if  the parson demise the glebe his lessee shall pay he Fitzherbert Gibbon tithe  and this be not like a particular prescription of which every occupier of the  land shall take advantage wherefore he incline no prohibition shall go but it  be think proper these point shall not be determine upon motion so that he  consent with the rest of the judge that a prohibition shall be grant upon  which the plaintiff be order to declare forthwith