case tryor against HESTNEY HETTS to pay the vicar S d a year and to pasture a  horse be a good modus for tithehay and the parson shall he prohibit from sue  for the tithe in specie ante dougl prohibition for sue for tithehay in  Chartres and surmise that the defendant be parson imparsonJe of the Parsbna ge  of Chartres and that there be a vicar of Chartres of which the defendant be  patron c and that time out of mind c he have use to pay to the say vicar in  full satisiaction of the tithe of hay of the place where c slx shilling and  eightpence per annum and the pasture of a horse in the same place Godfrey move  that it be no good surmise for by it the right of tithe come in question to  who they be to he pay to the parson or vicar as Henry and Edward I be and  BusAes case in this court gawdy and Popham where the right of tithe be to come  in question this shall he try in the court Christian and it be no plea he have  use to pay the tithe to the vicar for then he confess he ought to pay titlies  but the question be who shall have they and this shall b try in the court  Christian and that be the reason in Bughes case for there he pretend he be to  pay tithe in specie but here it be only a modus kill croak Elizabeth which  though he plead it to he to the vicar in discharge of tithe yet it be good for  otherwise there will he a great mischief for the spiritual court will not  allow a plea of modus kill but only of payment of tithe in kind and they will  not allow he to plead the interest of the vicar nor payment to he for  discharge but he ought to come in pro interest and if he will not come but  collude with the parson to charge the parishioner to pay tithe in specie he  shall he charge to pay other tithe than he have use and therefore the  commonlaw shall aid lilm and especial as this case be as it be move by  Tanfield that the defendant be patron of the vicarage and the vicar in  consideration of these tithe discharge he of all spiritual care and charge  Fenner and Clench incline to this opinion et adjournatur a appoint April croak  Elizabeth er p