case anonymous Eq call ab pl if the executor of a parson bring a bill for  tithe he need not offer to accept the single value he not be entitle by the  statute of Edward VI to the Triple value upon a demurrer a man have bring a  bill for tithe the defendant demurrer for that he have not offer by his bill  to accept of the single value and yet have allege in the bill that the  defendant have carry away the corn c without set forth the tithe accord to the  statute the word of the stat d and d Edward cap see be and that no person  shall from henceforth take or carry away any such c before he have just divide  and set forth c or otherwise agree for the same tithe with the parson vicar or  other owner proprietary or fermor of the same tithe under the pain of  forfeiture of Triple value of the tithe so take or carry away and it be insist  for the defendant that if he shall be put to answer this bill the plaintiff  will present go to law and give his answer in evidence and recover the Triple  value of the tithe and a court of equity ought not to assist a man in recover  a penalty nor compel a discovery of a forfeiture afterward at another day upon  a motion this demurrer be overrule the plaintiff in this case be only the  executor of a parson and not the parson himself and so not entitle to a  forfeiture upon the statute nor do a action lie upon the stat for a forfeiture  thereon against a executor for the Triple value thereby give be by way of  punishment for the personal wrong week v trussel side the parson and the vicar  hold distinct can join in a action under the stat for they claim several by  divide right champernon v hill Yelv but where the right of rector and vicar  unite by several title in one person he need not bring several action as the  matter of title be join in he and it be sufficient that he declare as farmer  or proprietor of the tithe without say by what title ibidem et vide cro James  more Brownl SC Cranthorn v tailor bro par can d edit nor need a vicar set  forth how he be entitle aid v flower bunb Goole v jordan bunb but where  question between rector and vicar a court of equity ought not to make a decree  in derogation of the title of the rector unless the title of the vicar be make  out clear or a issue direct Barnard v Garnons Anst bro par can d edit but it  seem two farmer may join in a action on the stat day v Peckvell more and a  farmer of tithe may have a action under the equity of the stat though no  action be give to the farmer thereby ibidem send quaere as to the necessity of  resort to any equity of the statute for he be name in the statute and note  that the jury can give other damage than those give by the statute ibidem nor  can they assess cost as none be give by the statute send vide stat will d cap  by which it be enact give that in all action for not set forth tithe wherein  the single value or damage find by the jury shall not exceed noble the  plaintiff obtain judgement or any award of execution after plea plead or  demurrer join therein shall recover his cost of suit and if the plaintiff  become nonsuit c he shall pay cost