a modus be lie to be that every person not inhabit within the parish of b  occupy any meadow and pasture land which be chief marsh land within the parish  of b have time out of mind pay to the appropriator of the parish his farmer or  tenant on every good Friday or as soon after as demand d per acre yearly as a  modus in satisfaction for all tithe and so proportionable for every great or  lesser quantity and this be hold by king c assist by Reynolds and fortescue I  to be a good modus and certain enough hill chapman and Monson will Rep Lord  chancellor and the judge admit that every modus must be certain otherwise no  length of time will make it good and fortescue I cite roll Abr where a  prescription to pay d or thereabouts for every acre of arable land be hold  void for the uncertainty but he also cite a case in the exchequer in where  there be a modus to pay d a acre for upland and d for marsh land and hold good  ibidem the court admit that every modus must be suppose to have have a  reasonable commencement but as to the necessity of show now that the modus be  reasonable that seem not to be so clear for these Moduss have be from time  immemorial none can know but that there be such circumstance in those ancient  time as may have make such a composition reasonable though at present they may  not be discoverable that it be enough to satisfy we at this time of day that  the parson patron and ordinary before the restrictive statute may bind the  revenue of the parson and that all these Moduss must have have their  commencement from a instrument sign by the parson patron and ordinary but  there can be no colour to say that because such instrument in so great a  length of time have be lose therefore the modus shall be lose also indeed so  far the law go in favour of the church as that if the instrument which the  parson patron and ordinary have give to a layman to discharge his farm of all  tithe though this will be good while the instrument can be show shall be once  lose this be a privilege in on decimando the privilege will be lose by the  loss of the deed but that in the present case of chapman and Monson there be  no ground to insist on the custom be unreasonable for the tithe be the reward  for the trouble and care which the parson take of the soul of his parishioner  in which case the labourer be worthy of his hire but then as the parson be not  bind to go out of his parish to visit those who only occupy land within the  parish so it be but reasonable that they who have not the benefit of the  parson care shall answer the less duty to he and may well be excuse for a  modus of d per acre which the parson can say be too little especial in this  case when part of his proof be that a whole acre be let for d or d a acre in  the time of Edward the first and second a reason for avoid this modus as be  original too much ibidem I Barnard Rep in b b hill Geo and Munson SC state it  thus the bill set forth that there be a custom in the parish of b that all  person occupy pasture and meadow there shall be discharge of tithe in kind by  pay d per acre unless they be inhabitant of that parish or the parish of the  plaintiff be occupier of pasture and meadow ground in b but inhabitant of the  parish of W and whether this modus be good or not be the question Reynolds and  fortescue I and Lord chancellor all unanimous agree that Moduss be real  composition by parson patron and ordinary the write evidence of which be lose  but the law presume there be such by the long uninterrupted usage undoubted  they say there will have be no dispute equity case abridge about this modus if  it have be without restriction and as the restriction be for the benefit of  the parson they think the restriction can make no difference they all allow  however that something must be due from the modus and that too every year for  as no prescription can be in a non decimando general and at all time so  neither can it be for so long a time as a year together they seem to allow too  that a modus can not be good where it depend upon the will of the occupier  whether it shall be more or less but equity case abridge er p here they say  the rule for the payment of this modus be as certain as the rule for payment  of any other modus can possible be the only variation be as to the person pay  the modus and that they say be never in objection accord Lord chancellor be go  to decree for the modus but though the proof be very clear to support it he  give the defendant counsel a day to talk with his client whether they will  have the modus try or not as it do concern the inheritance FitzGibb Rep hill  Geo Monson and chapman SC state it that the bill be to establish a modus  within the parish of b and IV which be set out and prove to be that every one  occupy meadow or pasture not sow within those parish and not inhabit within  the same shall pay d per acre yearly on good Friday in lieu of the tithe of  hay and herbage and Lord chancellor and Reynolds and fortescue I hold this to  be a good modus that Moduss be real composition a run out into prescription  and so a good foundation must be presume from the length of time to which  fortescue I cite e b that it be in the power of all party in interest to make  this a current modus within those parish and that restrain it to foreigner  make it only narrow and so the less detrimental to the parson then this be a  certain duty to be pay in lieu of the tithe and not like the case in roll of a  payment of S or eastern circiter which be a uncertainty in the very duty which  come in lieu of the tithe in kind the case in I lev and I Keble be deny and  the modus be decree to be establish ibidem a the difference between a modus  and a composition be that the first be time out of mind and the last only a  late agreement so say Q if per cur and only arg in the case of Benson and  Watkins in chess hill bunb Rep I oh a composition for tithe can be determine  as to part and continue as to the rest t reenel and Roger in chess bunb hold  by bury and price baron that a composition by way of retainer by parole can be  good only for one year be by way of contract but a lease of tithe even for one  year by parole will be void Montague baron seem to be of opinion that a  agreement between the parson and his parishioner for year by parole will be  good though not for life be only a agreement that he will not sue the  parishioner for so many year for tithe hob Keddington and Bridgman in chess  bunb I S a rector agree with a parishioner for his tithe for a certain sum pay  yearly at Michaelmas I S die before the end of the year the agreement be  thereby determine I s s successor shall be entitle to tithe in kind only from  the death of I S and I s s executor to a proportion accord to the agreement  till the time of his death and this by a equitable construction m anon in  chess bunb quaere the case of a she and Webber wherein it be so resolve in  chess ibidem