case ekins versus dorm July a grant from queen mary of Decimus blador fni all  men alias Decimus these general word be not sufficient to bar the rector of  his common right of tithe unless express state what be the right of the crown  Lord chancellor the bill be bring for tithe in kind of hay of a moiety of the  manor of Shipton but come in a imperfect manner before the court the plaintiff  as rector be entitle to all tithe cart v ball atk unless there be some bar as  a modus composition c the question here be as to a moiety of the privy tithe  of the demesne of a manor and the tithe hay whether the rector be entitle in  point of pernancy to the whole or the defendant be entitle to this moiety as  well as to the tithe of corn and grain under a grant from the crown the first  year of queen mary in which be these general word Decimus blador fni all men  alias Decimus I do not think any stress can be lie on these general word and  take they in their utmost extent be not sufficient to bar the rector of his  common right unless it have be express state what be the right of the crown  and in make out the grant the drawer may probable at the request of the  grantor put in these general word there be no pretence of payment of the privy  tithe to the lord of the manor I be of opinion these general word be by no  mean sufficient to show a right in the defendant against the rector the next  question be as to the two modus the first objection be as to the manner of  introduce they in the cause for that in respect to the cross bill they be not  set out with any certainty and to be sure they be not and therefore the cross  bill must be dismiss but a different consideration arise upon the original  bill notwithstanding the particular modus be not mention in the bill two or  particular atkins plead by the answer yet as the plaintiff own witness show a  reasonable ground for a modus it will be go too far to say that a account of  tithe shall be decree where even upon the plaintiff evidence it appear there  be a modus I be of opinion therefore the court be bind to take notice of the  two modus the ten shilling for ha that and five pound for the privy tithe of  the demesne land as to the first it be mention to be a modus in decimand in  the receipt for it from the parson but the receipt for the five pound call it  a composition it have be say that the modus be too rank and that the ten  shilling for hay particular be so because the modus for the tithe of corn be  but three and thirty shilling No argument at all be to be collect from thence  because less may be in tillage at that time than there be now the objection be  strong as to the five pound for the privy tithe of the demesne undoubted it be  a pretty large sum and it have be insist the whole value of the manor be b t  fifteen pound as appear from a ancient survey in Henry the this time where it  be call of Firmum of Shipton which imply a rend reserve but I can no more  infer from thence that this be the value of the rackrents atkins er p of the  manor in Henry the this time than I can at present the real value of a bishop  manor from the rend reserve in a lease of it in a case that come by appeal to  the house of lord in Lord Talbot time relate to the parish of Chedingfold in  the county of Surrey the lord reverse a decree of the court of exchequer for  be too hasty in reject a modus as too rank and say it be take too much upon  they to determine it to be no modus upon such kind of evidence which be not  conclusive evidence against a modus and direct a issue to try it another  objection be that the five pound be no modus at all for in the receipt from  the parson it be mention to be a ancient composition atkins I do not know the  absolute distinction between a ancient composition and a modus there may be a  difference between a composition that be not beyond the memory of man and a  modus but unless something be show that break in upon the immemorialness of it  it be synonymus with the modus there be indeed a difference between a real  composition and a modus for a real composition be when a agreement be make  with a parson or vicar with the consent of the patron and ordinary that such  land for the future shall be discharge from the payment of tithe in specie by  reason of a recompense make to the parson or vicar for they out of other land  but a modus be nothing more than a ancient composition between a lord of a  manor and the owner of the land in a parish and rector which gain strength by  time I be of opinion here be a considerable foundation lie before the court  for the two modus the one of ten shilling and the other of five pound and  therefore the court can decree a account of tithe where there be no objection  in point of law against they nor any pretence there have ever be tithe in kind  receive within the memory of man and therefore issue must be direct to try  these two sum the plaintiff be in court and decline to try the modus of ten  shilling for tithe hay of the manor and five pound for privy tithe of the  demesne land his lordship decree a account of what be due for those annual  payment