case Cornwallis against spurling Hilary term Elizabeth roll land ancient  discharge of tithe as belong to the templar Interrog  not common with others  shades of dead to cultivate which in pursuance of Henry c be vest in the grow  be not discharge from the payment of tithe by the Henry c post hob cro car    Jones more ray godb bridge Poph equity Cas Com dig Bac Abr debt by the paron  of grovel upon the statute of Edward c for notsetting out of tithe a   a cro  Elizabeth croak James er p a special verdict be find that those land whereof  the tithe be demand be parcel of the possession of the templar who be dissolve  in the time of Edward the second and those possession by Act of parliament  Edward be give and annex to the priory of saint John of Jerusalem with all  privilege c and it be find that the templar have a special privilege time  whereof c to be discharge of tithe of those land which not common with others  shades of dead improve and it be find that b special Act of parliament croak  throw Henry c the possession of the priory of saint John be give to the king  by general word of all land tenement c in tam opportunity modus et form as the  abbot have they and from the king those land come to the defendant and whether  he shall hold they discharge from the payment of tithe as the abbot have they  be the question it be argue by Tanfield and other for the defendant and by  paget and other for the plaintiff and after argument all the court resolve  that he shall not have the privilege to be discharge for by the commonlaw a  lie person be not capable of such a privilege and if such land have come to  the king by the relinquishment or dissolution of any monastery the king shall  not have have the benefit of that privilege until the statute of h c and by  that statute it be appoint that all monastery abbey c which before have come  or afterward shall come to the king by suppression surrender c the king shall  have in such manner and form c and that he shall have they discharge from the  payment of tithe as abbot c so as the maker of that law intend that by the  first clause without the last they shall not hold they discharge and therefore  they add that clause but this statute extend only to such possession which  come to the king by surrender c and shall be vest in he by force of the say  Act and do not extend to possession which vest in he by another Act of  parliament so not by the first accord to the rule which be take in the  archbishop of Canterbury case a and these land be here give to the king by a  special Act of parliament Henry c which have the same word in the first clause  as the Act of Henry c have but have not the second and therefore be no cause  of hold they discharge from tithe and so it be adjudge accord for the  plaintiff and in this same term a like judgement be between the same party in  a prohibition upon a demurrer b