case dagg and ken against PENKEVON Trinity term Elizabeth roll in the  exchequer Chamber a plaintiff shall not have cost on the Edward c cro car more  hard Com dig where letter patent plead be mere inducement to the action they  need not be show ante post cro Elizabeth Inst dyer cro car   a Lut   Leon hob  Com dig Bac Abr hawk p c will term Rep a person who farm the tithe may  maintain a action on the Edward c ante cro Elizabeth more Bac Abr in debt by  two lessee of tithe of the same rectory it need not be state that he do not  agree with they or either of they ante Yelv more cro car Carth Bac Abr debt  upon the Edward c for not set forth of tithe demand the Triple value videlicet  six hundred and thirty pound the defendant plead non debet the jury find quod  debet et quoad residuum non debet and assess one penny for damage and forty  shilling for cost the plaintiff after diverse motion in arrest of judgement  have judgement for the debt and release the damage and cost because he be in  doubt whether he ought to have have the damage and cost in this action wherein  he recover the Triple value of the tithe the statute not give cost by the  express word wherefore to avoid error in here part he release the damage and  cost and take his judgement for the debt only a upon this judgement a writ of  error be bring in the exchequer Chamber the first error assign be for that the  plaintiff fir his title show that the queen by her letter patent let the  rectory of m to Edward Prideaux for life and he let to the plaintiff for year  c and he do not say by letter patent hic in curian prolata and this exception  be take before in the king bench say non allocatur for inasmuch as the  plaintiff have but parcel of the estate videlicet a lease derive out of a  lease for life and because the letter patent do not appertain to he and for  that this action be to punish a tort for not set out of tithe and be not a  action to demand the tithe and the title show in the declaration be but a  conveyance to the action therefore the declaration be good without show the  letter patent croak throw second it be allege that this statute do not give  the Triple value to the farmer of a parsonage and that the suit for the  forfeiture ought to be before the spiritual judge and not at the commonlaw say  non allocatur three for that the action be bring by two farmer who demand the  forfeiture for that he carry away the corn without set forth of the tithe not  agree with they be farmer for the corn and he do not say that he do not agree  with they nor either of they for if he agree with any of they it suffice say  non allocatur for when he say that he do not agree with they it shall be  intend that he do not agree with they nor either of they and if he agree with  the one of they the other ought to show it wherefore the judgement be affirm a  by will c in all action for not set forth tithe wherein the single value or  damage find by the jury shall not exceed noble the plaintiff obtain judgement  or any award of execution after plea plead or demurrer join therein shall  recover his cost of suit and if the plaintiff become nonsuit c c he shall pay  cost croak James er p