case pigot against simpson and other Hilary term Elizabeth roll the lord of a  manor may prescrihe in consideration of such a sum pay annual to the parson in  satisfaction of all tithe within the manor to take the ten part of all corn  within the manor ante     hob sand in trover if the conversion he allege at a  time previous to the find it be have dyer action of trover upon demurrer the  case be the plaintiff be owner of the rectory of evingham in the county of  Northumherland bring his action of trover croak Elizabeth er p of load of  wheat in Harlow be the tithe of the rectory set out from the nine part the  defendant plead that Harlow be a memher of the manor of Pridhoe both which be  within the parish of evingham and convey the manor to the earl of  Northumherland and prescrihes that the earl of Northumherland and all those  who estate he have in the same manor from time whereof c have pay to the  parson of evingham six pound annual in satisfaction of all tithe within the  same manor and further that the say evingham and all those who c have use to  have in respect of the say six pound the ten part of all the corn within the  say manor and so these tithe within the say manor be sever from the nine part  he take by title under the say earl it be thereupon demurrer and argue for the  plaintiff that this be not any plea for a layman be not capable of tithe and  therefore no continuance of time can give he any title to that whereof he be  not capable for by the ancient course of our law he can sue for they and the  civil law do not permit a layman to sue for they there and so he have not any  remedy and therefore not any right there be not any also who can prescrihe in  a thing in grossper and estate and hero he prescrihes as for a thin in gross  and he can prescrihe as to a thing appurtenant to a manor for a spiritual  thing can be a pendant to a temporal and for that pur ose cite a p case to he  rule in this Coqrt betwixt shirwood and Winchcomb Elizabeth the court upon the  first motion resolve to the contrary that it be a good prescription for when  the lord have use from time whereof c to pay this surn c and in respect  thereof to have all the tithe within his manor it shall he intend that at the  beginning the lord have all in his hand and then may prescrihe to pay a sum in  discharge of all the tithe within the manor and when he give the tenancies to  hold of he and always afterward use to have the tithe be of those land and  tenement it be a very reasonable prescription for now he have no more than  what he have before for he have they before by retainer and now he take croak  Elizabeth the tithe themselves and gawdy say it may he that the parson before  time of memory grant those tithe to the lord of the manor render rend which be  confirm by the patron and ordinary and this be before time of memory may well  he so intend quod Popham conceit and say that be the principal reason of the  judgement in Pigot v Ifearn a and they say that in this case the lord may have  good remedy at the commonlaw or in the spiritual court wherefore the intend to  have adjudge it for the defendant but then exception be take to the plead that  the conversion be suppose that Septemher and the defendant say that he find  they the that Septemher and convert they the that of Septemher which be  repugnant in itself and which the court hold incurable