case DOUBITOFTE against CURTEENE unity of possession alone without show a  special ground of discharge will not exempt abbey land from the payment of  tithe by virtue of Henry c for by that statute they shall only be hold  discharge in the same manner as they be in the hand of the abbot and unity of  possession only suspend but do not extinguish the payment of tithe post   cro  car a lease of abbey land and the tithe covenant that the lessee shall not set  they out be evidence that they be not whole discharge if land and tithe be  demise together the rend shall issue whole out of the land in point of remedy  but in point of render out of both together the statute Edward c which ordain  that tithe shall be pay in the same manner as they have be for forty year then  last pass exempt such land only as be discharge by prescription and not land  where the payment of tithe have be suspend by mere unity of possession or any  other composition not real tithe pay by the farmer of abbey land before the  dissolution destroy the presumption of discharge arise from unity of  possession No abbey land can be discharge from tithe by Henry c S but those  which be derive from the order of templar cistercians or hospital action of  debt for sixty pound upon the statute of Edward c for the substraction of  tithe to the value of twenty pound the case be thus the abbot of Evesham and  his predecessor be seize of a rectory and of land within the same parish time  whereof c until the twentysixth year of king Henry the eight at which time the  abbot make a lease of the say land for sixty year and by that lease demise all  tithe renew c upon the say land videlicet hay corn c reddendo in the same way  as certain corn rend and by the same indenture it be covenant that the lessee  shall not set forth the tithe of the hay and corn to the lessor and his  successor but that the lessee his executor and assign shall set forth d   b e    croak James er p tithe of wool and lamb to the lessor c and small tithe to  the vicar c all which be perform accord afterward in the thirty year of Henry  the eight the say abbey be dissolve and in Henry c the statute be make which  enact that the purchaser shall hold it discharge in the same manner as it be  in the hand of the abbot and then the statute of Edward c be make the lease  have since determine and the rectory come to the king and the land whereof c  convey to another the question be whether this land shall be discharge of  tithe or not it be argue at the bar by davenport for the plaintiff and by  Coventry solicitor general for the defendant and afterward at the bench by  Doderidge the point which have be move in the case be two first whether the  unity of possession with these circumstance shall discharge it and he hold  that it shall not second upon the statute of Edward c whether the action be  maintainable in regard there have not be any tithe pay within forty year last  pass before the make of the statute?And he hold that it be first praedial  tithe be collateral to the land and if he who have the tithe and the land make  a feoff the tithe do not pass include in the feoff as Edward be also  possession of croak throw the land only can suspend or extinguish tithe c  although it may suspend the payment because he can pay tithe to himself and  therefore unity of possession prima fancy shall not discharge the land of  tithe but if tithe be never pay then because it may be intend they be  discharge by grant from the pope by reason of order or by real composition or  satisfaction or by other mean which mean can be now know the statute of Henry  c make such a unity which be justice aeqitalis liberan et perpetuan to be a  discharge for it may be reasonable intend that they be discharge by  composition and if a parson patron and ordinary grant lane to I S discharge of  tithe he shall hold it discharge there be also in this case many circumstance  first there be a demise of the land and of the tithe also which be a argument  that they be due and Payable and by that demise to be discharge from payment  second there be a provision that he shall pay other tithe three there be a  covenant for the tithe lease videlicet you shall not be compel to set they  forth whereas it have be object that the rend do not issue out of the tithe it  be agree that in point of remedy it be not issue out of they but it can be  deny but that the rend be great in respect of the tithe as if a man have a  rectory and a barn the barn be worth four pound a year he demise both for one  hundred pound a year although the rend be not issue out of the tithe yet all  know that the rend be reserve have regard to the tithe also in this case  forasmuch as they be demise to the lessee and he have they by way of retainer  it be as strong as if he have pay they to the abbot and in proof thereof he  put the case if there be a lord and tenant and the tenant hold in soccage  render three shilling rend and the lord intermarry with the tenant c so Edward  exchange of a acre of land for the release of rend issue out of another acre  be a good exchange yet he have nothing but by way of retainer and ass tenant  for life be implead and he vouch his lessor he shall recover in value but the  rend shall be recouped c the second question be upon the statute of Edward c  the word whereof be every of the king subject shall from henceforth true and  just divide set out yield and pay all manner of their praedial tithe in their  proper kind as they renew and happen in such manner and form as have be of  right yield and pay within forty year next before the make of this Act or of  right and custom ought to have be pay he say that this be beneficial for those  who have rectory and for other also for those who have rectory because upon  the statute of Henry c many person think that they be discharge of tithe by  the statute and by reason thereof they substract they and the parson be put to  his suit which be only in the ecclesiastical court now the statute of Edward c  give he remedy at croak throw the commonlaw and Triple his damage it be also  beneficial to the owner of land for the statute be you shall pay no otherwise  than have be pay within forty year next before the make of the statute and he  say that the reason of croak James er p limit it to forty year be this twenty  year in the ecclesiastical law make a prescription for the church and forty  year a prescription against the church a but if the discharge by the space of  forty year be by reason of unity only or any other composition not real yet  the right continue and after severance or the composition end they be within  the statute and Payable again also for another reason which be not move at the  bar he hold that tithe in this case ought to be pay for it be find that lamb  and wool be pay in kind and then the payment of part of the tithe be a seize  of all for that show that the land be not discharge by reason of any real  composition and although tithe of corn and hay be not pay during the unity yet  by right they be Payable and only privilege by the unity wherefore he conceive  that the plaintiff ought to have judgement Houghton croak and Montague  accordant Montague say that when tumour papalis be here in England all monk be  in respect of their order discharge of tithe who afterward increase to so  great number and have here great revenue the holy church be thereby  impoverished et son to swallow mother for remedy whereof pope Paschal the  second ordain that cistercians a templar and hospital only shall be discharge  and that all other order shall pay their tithe which also in respect of their  great revenue be find to be a impoverishment to the church and therefore pope  Adrian constitute that the land of the templar cistercians and hospital shall  be only discharge quaee not common with others shades of dead to cultivate and  now by the statute of Henry c S all land be discharge which be discharge in  the hand of the abbot and for the reservation he say that the rend issue out  of the land and tithe in point of render but out of the land only in point of  remedy judgement be give for the plaintiff