case anonymous a annuity lie by prescription against the parson of a church  and it be no plea to say that the church be destroy for it be due in respect  of the profit which arise from the tithe and glebe   light roll Abr Bulst Poph  cro Elizabeth   Ent a Leon a writ of annuity be bring upon a prescription  against the rector of the parishchurch of saint Peter in c the defendant plead  that the church be overflow with the sea c the plaintiff demurrer Newdigate  sergeant for the plaintiff the declaration be good for a writ of annuity lie  upon a prescription against a parson but not against a heir f n b modern er p  rastall the plea of the church be drown be not good at best it be no more than  if he have say that part of the glehe be drown it be not the building of the  church nor the consecrate ground in respect whereof the parson be charge but  the profit of the tithe and that glebe though the church be down one may be  present to the rectory Henry pl Henry pl Henry pl and lutterel case   Wilmot  contra the parson be charge as parson of the church of saint Peter we plead in  effect that there be no such church modern and he confess it a Edward pl bro  Abr Edward pl Henry pl a we plead that the church be plunge under cover up c  which be as much a dissolution of the rectory as the death of all the monk be  a dissolution of a abbathy it may be object that the defendant have admit  himself rector by plead to it but I answer first a estoppel be not take notice  of unless rely on in plead second the plaintiff by his demurrer have confess  the fact of our plea by which mean the matter be set at large though we be  estopped the court be clear of opinion for the plaintiff the church be the  cure of soul b the yearbook Edward pl Hobart more roll Rep ancient severable  seldom history of tithe cap cap b and the right of tithe if the material  fabric of the parishchurch be down another may be build and ought to be  judgement be give for the plaintiff trinity term the twentyseventh of Charles  the second in the common plea sir Francis north Knt chief justice sir Robert  Atkins Knt sir Hugh Wyndham Knt sir William Ellis Knt justice sir William  Jones Knt attorneygeneral sir Francis winnington Knt solicitor general