case selby against bank a custom not to pay tithe for hay when employ to  fodder titheable cattle be void so also be a custom not to pay tithe of lamb  not yean in a particular place in consideration of pay the ten lamb yean there  where ewe feed there for any time throughout the year Brotherick move for a  prohibition to the spiritual court the libel be for tithe bay and lamb upon  suggestion as to the bay that it be cut in a certain waste within such a manor  in which manor there be a custom that anything employ for fodder of thing  titheable shall pay no tithe and aver that the bay for which c modern report  be employ in fodder of sheep as to the tithe lamb it be suggest that there be  a custom that for all the lamb that be yean there for what time soever the ewe  be feed there the ten lamb shall be pay for tithe in consideration whereof  they be tithefree for lamb of ewe that feed but do not yean there and be rely  on roll Abr where such a custom as to the second point be hold good because as  he say it be more than be due for tithe of lamb of common right for he say the  ten lamb of common right do not belong to the parson in who parish they fall  but regard will he have to the place where the ewe be feed and the  ecclesiastical court will make equal distribution between the parish where  they be feed and where they yean which be exclude by this modus Cheshire  contra the suggestion be a plain non decimand to pretend to pay no tithe bay  because be feed his sheep with it and cite roll Abr cro more warner case and  as to the lamb it be very unreasonable for thus by remove the ewe into another  parish when they begin to yean the parson be oust of his tithe though they  feed all the year before in his parish or suppose nine fall be shall have  nothing holt chief justice of common right tithe lamb be Payable where they  fall but by canon law there be a regard to he have to the place where they be  engender and breed and your custom for hay be void for bay be a praedial tithe  and though you feed your cattle with it yet you ought to pay tithe of wood  spend in a ancient message for husbandry one may prescribe a non decimand for  that former tithe be not pay for wood but you can lie such a custom for corn  for corn be a praedial tithe but tithe wood be settle by Act of parliament to  be pay only where it be usual pay so that if there be a custom before the  statute do not take it away and beside you have not say that the bay be fodder  to cattle employ in husbandry but only say that the tithe will be the better  for it and by the commonlaw pasturage be as much tithable as bay but the  difference be pasturage be take by the mouth of cattle but the bay be tithable  before it be sever from the ground pasturage shall pay no tithe but the cattle  that feed it shall but cattle of pail and blow shall pay no tithe if you feed  they upon pasture all the year long and the reason of that be for that because  they be as tool of husbandry by which tithe be modern report meliorate and no  tithe be original due by law in that case but tithe be original due upon mow  of the grass and your subsequent application of it though to cattle of pail  and blow shall not discharge you of a charge to which you be liable before  upon the mow and the grass be tithable only in respect of the feed that be the  use and application make it tithable and for that you can have any other tithe  than from the profit of the cattle that do feed it and as to the other point  of the lamb one tithe in specie can be a discharge modern report er p of  another tithe in kind and though as I say before tithe lamb be to be pay where  they fall yet by the receive canon law there be regard to the place of feed  and marsh Mod be cite and after consideration the court declare at another day  that no prohibition shall go in either part for as to the lamb it be a  dangerous custom because easy convert into fraud by take the sheep away in  yeaning time and the other point be clear upon the case put out of cro James c  and aftermath of common right be tithable and no prohibition per totan curium  note per holt chief justice hic one be not bind to pay tithe lamb if he have  any number under ten because they be entire thing but if he have nine pound of  wool he shall pay tithe for it videlicet by a inferior weight as by ounce for  that be divisible