Butterfield versus Benson demurrer sur prohibition prohibition the plaintiff  say that l be a ancient rectory and set forth a custom that every occupier  upon LammasDay pay S to the rector for all ground sow or mow another custom  that pasture ground when it be dig every occupier pay to the vicar or to his  deputy or farmer d per acre on LammasDay in lieu of all tithe and that he be  and have be four year occupier and set forth the statute the defendant to have  a consultation say there be a custom that every man that make brick do pay the  ten part and say he have make a hundred pound worth of brick and traverse both  the custom the plaintiff in his replication join issue as to the first custom  hoc petit c as to the second custom he say the defendant ought not to have a  consultation for there be a custom as before for dig and traverse the other  custom of brick et hoc a preparation be verify upon this replication of the  plaintiff the defendant have demurrer and the plaintiff have join in demurrer  Ellis sergeant pro to ward off argue for a consultation because the plaintiff  have not make good his ground of prohibition for he wave his own title the  cause of this prohibition and the suggestion upon which it be ground and take  issue upon our inducement for as our case be there can be a traverse upon a  traverse and a inducement be not issuable he come to the court and suggest a  modus he ought to prove that Hobart foe Newman and more r foe that what be  conveyance be not traversable Hobart foe if a man will plead general a issue  there needs no carter inducement but if a man will leave the general issue  carter er p and controvert the title he must enable himself by a title of his  own but yet that be not the principal part of his plea but only inducement  Hobart f there be difference between the king and a common person the king may  wave his own title and traverse you but it be not so with a common person  Hobart if a man bring trespass for break his close such a day if the defendant  plead a release of action he shall traverse all trespass after if a feoff all  before now the plaintiff have choice to leave the traverse and traverse the  point of justification I e the release or feoff but this be traverse after a  traverse not upon a traverse to the self same point coke first institute croak  Elizabeth p Inglebath and John case though the place where word be speak be  not material but when the defendant by his plea have make the place of speak  material there the plaintiff may by general word maintain his declaration and  traverse that which be false allege broom sergeant against the consultation we  will not rely upon the plead upon the merit of the cause as it appear here  there be no ground for a consultation it be for tithe brick their libel be  when the ground be sow for corn or keep for mow S be pay to the vicar and that  the plaintiff have be a hinderer of the growth of corn or hay but for his own  profit have take away the surface and dig the ground and make brick they shall  never help themselves by a custom in the plea which be not in the libel Hetly  foe where tithe be set out to be by custom at commonlaw they must go to  commonlaw for remedy No tithe be due for brick lime turf they be parcel of the  franktenement roll Abr wile justice the plead be not good yet he will not  grant a consultation archer justice to the same intent we be to judge upon the  whole record and the court spiritual can hold plea of this case in the plead  there be a departure Tirrel justice of the same opinion against a consultation  carter termin michaelis car in c b