case stroud against Hoskins the suggestion ordain by Edward c upon sue  prohibition must be prove by witness where it be matter of fact but if a  consultation be award for that defect another prohibition may be grant dyer  Jones Yelv show Carth salk Inst cro Elizabeth more vent pop hob Com dig Bac  Abr Cowp prohibition upon the Edward c because he store for tithe of heath and  barren ground within seven year after the improvement the defendant plead the  Edward c and that at another time a prohibition be grant and consultation  thereupon therefore he shall not now have another prohibition it be show that  the consultation be not upon the substance of the prohibition but because be  do not prove by two witness the suggestion within the six month and it be  thereupon demurrer the first question be whether by the statute the suggestion  ought to be prove by witnesses?And it be resolve that it ought because it be a  mere matter in fact and the suggestion ought to be prove by the intention of  the statute as a vide Browning v Beeston Plowd the yearbooks Henry pl the  Edward and brook Abr lease pl a by car c administrator de good non may sue a  to know facias upon a judgement in autre law by car c the husband of a feme  covert shall have administration croak car er p well as a prescription de  modus kill or a discharge of tithe or any other such suggestion second it be  resolve that the consultation be grant for not prove the suggestion by two  witness accord to the Edward c and not upon the substance of the suggestion  for want of its verity or for the insufficiency thereof it be not within the  Edward c for that be intend where consultation be grant upon the substance of  the suggestion be prove to be insufficient in verdict or nonsuit after  evidence and not where it be grant for the insufficiency of the form of the  suggestion or in the proceed thereupon wherefore it be adjudge for the  plaintiff especial as this case be for that it be a collateral cause out of  the suggestion and no cause of consultation at the time of the statute make