case kipping against swain a declaration on Edward c be good although the  plaintiff term be expire before the day on which the removal of the tithe be  allege post side lev Ven if a plaintiff on Edward c recite the statute and say  that he be to put under speech dom king it be fatal hard Bac ab debt upon the  statute of Edward c for not set forth of tithe and declare that he be  proprietor of the rectory of b in the county of S for the term of seven year  and that the defendant be occupier of land within the same parish for six  month by a demise make that march James and that the defendant that a see  Vaughan v Ellis ante lev Mod croak James er p August year prediction do cut  his corn there grow and upon the that of September next follow the defendant  be to put under speech domini king carry away the say corn not set out the ten  accord to the statute the defendant plead nil debet and it be find for the  plaintiff and now move in arrest of judgement first that the plaintiff by his  own show have no cause of action against the defendant for the defendant  interest in the land be determine before the tithe be carry away but the court  hold it to be no exception for although his interest in the land be determine  yet he remain owner of the corn for if corn be cut down although a stranger  take it away before croak throw severance yet a action by this statute will  lie against he another exception be take because the plaintiff say he be to  put under dictam domini king for the statute refer to put under to his politic  capacity but speech go to his natural and sole capacity and so the force of  the statute shall be determine by his death and this be hold by three of the  judge to be a fault incurable but Houghton doubt thereof et adjournatur croak  throw michaelmas term James in the king bench sir Edward coke Knt  Chief Justice sir John croak Knt sir John Doderidge Knt Robert Houghton Esq  justice sir Francis Bacon Knt attorney general sir Henry Yelverton Knt  solicitor general case memorandum this term sir Edward coke chief justice of  the common plea be make chief justice of the king bench and have only a writ  to command he to attend in that service and no patent which be open read and  then he take his oath to execute that office and sir Henry Hobart the king  attorney be make chief justice of the common plea sir Francis Bacon the king  solicitor make attorney general and Henry Yelverton make solicitor general