case JOUCE against parker farmor of north Moult queen if a custom to clip  neckwool and to be discharge from the tithe thereof in consideration of pay  the ten fleece at shearingtime be good roll ab No tithe shall be pay for  cattle agisted for the purpose of the plough dry cattle depastured for the  plough pay no tithes Qu a issue ill join be aid after verdict a issue in fact  take upon a matter in law be bad upon demurrer in prohibition if issue join on  a prescription to be discharge from tithe be find against the plaintiff a  consultation shall be award prohibition surmise that he be seize in fee of a  message one hundred acre of land twenty acre of meadow sixty acre of pasture  and upon they keep husbandry and maintain a family to employ in husbandry and  to maintain the plough to manure and till the say land and use to rear annual  colt and young beast to supply the stock of horse and ox for the plough and  use to keep upon the say tenement milkcows bullock heifer and sheep for  increase of stock and maintenance of the family by the labour of which the  parson have the great tithe and he allege a custom that they use to clip the  wool from the neck of their sheep for the preservation of the sheep and at the  shear of the sheep they use to pay the ten fleece and in consideration thereof  use to be discharge of the neckwool as also that every parishioner and  inhabitant within the parish who keep any ox steer or bullock of his own or by  way of agistment which be to be employ for till the land use to be discharge  from the payment of tithe for they croak throw as also that if any keep any  dry heifer pro reinforcements staure a cow in consideration that the great  number of calf and quantity of milk and dairy be thereby increase to be  discharge from the payment of tithe for such dry heifer c issue be join upon  the several prescription and be find against the plaintiff it be now move in  arrest of judgement that notwithstanding this verdict no consultation shall be  grant for as to the first for the wool the issue be ill join for the traverse  be without hoc quod in consideration ind that they be discharge c say non  allocatur for although it be not a good and apt issue yet verdict be give it  be aid by the statute for the second and three issue it be move that they be  no more than the law appoint videlicet to be free from the agistment of cattle  be dry cattle whereof no a Henry pl l c b Parker ms croak James er p tithe by  law be Payable as Fitzherbert n b e and then issue be take of that whereof by  law no tithe be Payable no consultation shall be grant say non allocatur for  the prohibition be ground upon the prescription and be find against it that  they have use within the parish to pay for agisted cattle it be not good also  he do not claim to be free for cattle agisted of his own proper cattle but  general for all cattle agisted which be not reasonable nor stand with law and  it be afterward hold that these prescription be find against the plaintiff  consultation shall be grant and so it be adjudge for the defendant