case smithson and other against Dodson tithe of bay ought to be pay in  grasscocks S c Eq ab where the parishioner shall pay cost this be a bill bring  by the parishioner of Gargrave in Yorkshire against the defendant their vicar  to produce a ancient terrier in his custody which show the method of payment  of tithe in that parish which they suggest to be a modus videlicet for bay the  vicar be to have the ten grasscock a see Barham v Gawse roll Abr the  Cumberland case roll Rep a and three halfpenny for every milchcow and a penny  for every swarm of be and sixpence for every orchard the bill pray that the  court will direct a issue or trial at law to settle this modus and set forth  that the predecessor of the defendant do about thirty year modern report er p  since alter the payment of this modus and combine at that time with his clerk  to raise the fee for burial c which fee have be pay ever since the defendant  admit there be a modus some year since for payment of tithe in this parish and  that he have a terrier in his custody of all the tithe Payable to the vicar  and that he have be very much harrass at law when he be Willing to take the  tithe accord to the terrier in his custody so as he may have they peaceable  and as to the fee for burial marriage Christian and church of woman he modern  report insist that the same shall be pay as usual for that they be not proper  for a modus because there be no canon to ascertain what shall be pay if the  sum now pay shall be discharge but it be not in other case for if a modus  shall be destroy then tithe in kind must be pay therefore as to that matter  the bill be improper and ought to be dismiss since the court have nothing  before they to ascertain the measure of such fee and the defendant be in no  fault but by continue the payment of the fee as he find they pay before he be  vicar the court hold that the tithehay must and ought to be pay in grass cock  and as to the tithe of cow be and orchard the party do not differ in the  manner of payment but only in the surplicefees for burial c therefore it be  order that they shall attend a master to settle how far they differ in that  matter and the consideration of cost shall be reserve until the master make  his report but as to that part of the plaintiff demand which the defendant do  not controvert nor insist on anything to the contrary the parishioner be order  to pay cost