case james against trollop tithe in prender SC Mod SC pollex SC skin error on  a judgement in the common plea on a declaration in a prohibition suggest a  composition before the time of memory and that the same have be observe ever  since c I have not see the plead but the exception Mr trinder take be these  first that no layman can be entitle to tithe in prender but only by way of  retainer cro that the grant be in the year so that your deed be plead to be in  time before the memory of man of which no issue can be take nor ever can it be  try and that time of memory begin from the beginning of Richard the second and  therefore it be not pleadable Litt sect Edward Henry abbot of Strata marcellam  case coke Rep bro prescription Edward a Plowd dyer b by Ann c and Geo c  attornments be no long necessary shower KB er p Assis Edward pasch Hoskins and  Owen case Bowley v Atkins in hill car b r rot second suppose that these tithe  be well vest by the grant yet they enter and revested again in the parson by  the Council of lateran in the year or else by the dissolution of monastery  three they have not show that the bishop be party to the composition or grant  bishop of Winchester case Rep Inst king seldom histor decim roll Abr Trin car  rot Wilkinson v Richardson and roll Abr title prohibition num this be between  spiritual person cro more can not well hear his argument but these authority  he do cite Mr holt e contra the general question be whether this composition  as plead be good to support this prohibition shower KB and as to the first  exception argue that the deed make no composition because it contain no word  of grant in it and there needs it not for the ancient way be composition and  agreement of render quid pro quo second that it be not say to be part of the  demesne of the manor I think it be say so it be allege to be the demesne and  in possession and then I hold it to be part of the manor it must be demesne  for it can otherwise be intend for the tenancies be not part of the manor  Mounjoys case Rep three it be true a layman be not capable of tithe in prender  but I think a layman be capable of pay and take a modus in lieu of tithe  fourthly as for the Council of lateran I never know it plead in my life some  say that tithe be Payable of right before but how a ecclesiastical  constitution can institute and create a temporal right be somewhat strange  beside if this create the parson right it will destroy all the prescription  and modus in the nation five the concurrence of the bishop that be not  necessary in this case for he have nothing to do with a priory which have a  absolute estate which a patron have not six as to that of the dissolution of  monastery that may as well argue away our land which we have on this  composition as our tithe and as to the rend it be neither out of the land nor  out of the tithe it be a composition and that be a sufficient answer but this  be well here we may have prescribe general that time out of mind five shilling  be pay annual in lieu of tithe then the set this forth so special be well  enough whatsoever may have a reasonable commencement may be good by way of  prescription a modus may be good Payable to another person capable of tithe as  well as to the party himself for he may have tithe in kind and by the same  reason he may have a modus he cite cro cro Litt the allege it in this special  manner be a good way of plead see Westminster cap a writ of right be to be  bring on a deed if shower KB this Act have set up this way of plead why may  not I in plead pursue the statute as we have plead a deed from before time of  memory so we have plead a usage from thence which be time out of mind suppose  we have say that a long time before the first year of Richard the first and  ever since we have pay c that will have be good because in pursuance of the  statute it be most true we be not to plead a deed before time of memory and so  to rely on the deed as to say army of the deed we have be discharge of c but  when we come and plead the usage that we rely on the design of the statute be  not to take away right in possession but to prevent the set lip old dormant  title by deed where the possession have be otherwise suppose a ancient charter  before the time of Richard the first for felon good that can be plead but  suppose a confirmation since then the charter with the confirmation may be  plead or suppose a allowance in eire since he cite f n b king Edward and so he  pray the judgement may be affirm the court the sole objection against this  prescription be because it show the reason of the prescription if they have  rely on the deed it may be otherwise the Council of lateran can affect nothing  in this matter c judgement be affirm shower KB er p