Great care had been taken in ancient times to preserve the revenue of the church, but it was by methods adapted to the nature and circumstances of those times. Terriers or particular accounts of the rights of each benefice in a Diocese, have been for many ages given in at every Bps. triennial visitation; and these being drawn up by the joint consent of the Incumbent and Parishioners, and signed by the Minister and Churchwardens were used to be looked upon, and in all reason and equity ought to be deemed exceptionable evidences of such rights. They were accordingly received as such in the spiritual Courts where all suits for Tythes and other dues of the Clergy were carried on, and being Ecclesiastical causes and only of their cognisance. But since the Reformation the Common Lawyers have found out querks in law to draw these causes into their Courts, and particularly whenever a modus is pretended, that pretence is a sufficient reason for a Judge to issue out a prohibition ordering the Spiritual Court to proceed no further in such a cause. It being thus brought into the Common Law Courts, the next thing is to set aside all the evidences against such pretence of a modus, arising from the agreement of these Terriers for hundreds of years together; which is done on a pretext that these Terriers were taken by direction from Bps. and not in virtue of any special commission from the Crown, the result of which alone is all the evidence allowed in these Courts.