case savel against wood on a suggestion in prohibition of a modus to pay so  much a year to the parishclerk in lieu of tithe to the rector a consultation  shall he grant post more Leon Cowp prohibition against a parson who sue for  tithe in the spiritual court and surmise that the clerk of the say parish and  all his predecessor assistant to the minister there of a god celebrant have  use to have five shilling of he c for the tithe of the place where c coke say  this prescription be void for it be in one person only that have no perpetuity  but be dative and removable Henry pl and if it he a good surmise yet there be  no cause but a consultation shall he award for it be to come in question in  the spiritual court whether the parson or clerk have right to the tithe t and  he say it be late adjudge in busk v hunt where the vicar sue for tithe and a  prohibition pray upon surmise that he have use time out of mind to pay the  tithe to the parson that it be not a sufficient surmise for a prohibition to  entitle another to the tithe for that shall come in question in the  courtchristian croak Elizabeth er p notam afterward hill Elizabeth it be move  again by gawdy and Fleetwood sergeant for the plaintiff that it be a good  prescription because the parsonage be a parsonage impropriate and by  intendment it commence by the act of the parson videlicet that he make a  composition that the tithe of that land shall he pay to the clerk in discharge  of himself and that he have use time out of mind c to pay to the clerk five  shilling in discharge of all tithe c the court say if this special matter he  show in the surmise perhaps it may be good by reason of the continuance and  that by this the parson be discharge from find the clerk with which  peradventure he shall he charge and so be as a payment of tithe to the parson  himself but such matter be not show and by common intendment tithe be not to  he pay to the parishclerk and he be no party in who a prescription can he  allege and thereupon they award of consultation