coke b priddle and nappers case mich James plaintiff in prohibition count that  the prior of p be seize of acre and of the rectory of you belong c to the say  priory in his demesne as of fee in right of the priory and that the say prior  and his predecessor until and at the time of the dissolution of the priory  hold they in shades of dead nest not common with others discharge of tithe and  the plaintiff convey title to king h and show the stat h of discharge of  payment of tithe and convey the say acre from the king to himself the  defendant plead a grant of the say rectory by letter patent of Q Elizabeth in  fee to coke report a er p certain person from who he derive title and traverse  the prescription of discharge in the hand of the prior the jury upon issue  join find a special verdict that the prior of the priory be seize of the acre  and the rectory in fee in right of the priory a tempore pron  interrog  c and  that the say rectory be appropriate by licence of the king h the incumbent be  then alive who afterward die and that afterward the prior hold it with the  acre in their own hand simul et seTnel in the right of the priory c Resolved I  the prescription that the prior c a tempore pron  interrog  have be rector be  a sufficient title to the rectory but the conclusion of the prescription  ration pron  interrog  the land be discharge of tithe be not find but as the  prescription be well allege in substance there shall be no consultation on  this ground the defendant plea be bad the prescription of the unity ought to  have be traverse and not the?ratione pron  interrog  and his traverse be a  traverse of a conclusion of law the issue be not well join the appropriation  be good though the licence be general which licence shall be take to mean a  appropriation after the death of the incumbent if the appropriation have be  void it will not be remedy by stat Elizabeth c the special matter find by the  jury be not parcel of their charge and shall not be regard a perpetual unity a  tempore pron  interrog  c till the dissolution shall be prima fancy a  discharge of the land of payment of tithe a general allegation of unity at the  time of the dissolution without a averment that it be perpetual be  insufficient although the unity be perpetual if the farmer of the land of the  rectory have pay tithe before the dissolution there be no discharge such unity  ought to be rightful equal with respect to the quantity of estate it must have  be perpetuan a tempore pron  interrog  c free from payment of any tithe the  appropriation have be make h the acre be Chargeable with tithe but the plea be  bad no consultation shall be grant SC Brownl hard Jones Gwill eagle in a  attachment upon a prohibition in the common plea by John priddle who tam c  against Thomas napper gentle proprietor of the rectory of Tintenhul in the  county of Somerset the plaintiff declare that whereas one Robert shirburn  alias whitlocke late prior of the priory of saint Peter and Paul the apostle  of Montacute in the county of Somerset row cluniacensis be seize of twentytwo  acre of land call Perinsbill alias Guilbertshill in Tintenbul in the say  county and of the rectory of Tintenhul eiden prioratui reach spectan ac parcel  the same priorate existen in his demesne as of fee in the right of the priory  and that the say prior and all his predecessor prior of the say priory before  the dissolution of the say priory and at the time of the say dissolution of  the say priory be rector of Tintenhul aforesaid and have and hold the rectory  aforesaid simul et semel with the say twentytwo acre of land in shades of dead  situs not common with others injure prioratus Himself predicti ration pron   interrog  idem recently prior all men predict some prwres he they recently  prioratus per totum time frcedictum ante put dissolution isprio raft that  usque ad tem predictum tem put disintegration to have to hold ac idem recently  prior tempore disintegration c to have et to hold predictas twenty et two  promontory terro exoneral acquielat et immunes rle omnibusetomnim Decimus c  and that of Mars year the say prior and convent by their deed enrol in  chancery coke a give grant and surrender the say priory the say rectory land  and all the possession thereof to king Henry the eight his heir and successor  and that by force thereof and of the statute of Henry of dissolution king  Henry the eight be seize of the say rectory and of the say land in his demesne  as of fee as in the right of his crown and show the clause of the statute of  Henry of discharge of payment of tithe by force whereof king Henry the eight  be seize of the say acre of land c discharge of payment of tithe and convey  the inheritance of the say acre to sir Thomas freke and other who year  Elizabeth demise the same to the say John priddle foy year if three of his son  or any of they shall so long live and aver their life and that the defendant  proprietarius recloricepredict c coke report b er p before the bishop of have  and well sue the plaintiff for tithe of corn grow in the acre of land c et prd  Thomas napper pro consultation to have allege a grant by letter patent of  queen Elizabeth year royal power Himself good luck of the say rectory to rive  and Evelyn and to their heir and by mean conveyance convey the say rectory to  the say Thomas napper in fee and that be libel for the say tithe as he lawful  may without hoc quod predictus prior et all men prdecessores Himself earlier  times prd recently prioratus a tempore pron  interrog  conlr memory man non  extilit ante lempus dissohdionis c nor usque ad time disintegration c to have  et to hold predict twenty et two promontory terr unload acquietat etimmunes de  omnibusetomnimodis Decimus whoever super prdiclas viginli et two promontory  lerrce quovismodo provenient c prout c et hoc c unde petit judgment etbreve  speech domini king de consultation Himself in here part to go away c upon  which issue be join and the jury before the justice of nisi prius give a  special verdict that the prior and his predecessor a tempore cmjus c until the  time of the dissolution be seize of the say acre of land in their demesne as  of fee as in the right of the say priory and that one Thomas late prior of the  say priory be seize of the advowson of the say church of Tintenhul in fee in  the right of his priory and he be so seize Henry the eight the that day of may  in the that year of his reign by his letter patent the exemplification of the  enrolment of which under the great seal they set forth de agreeableness svan  not general ac certan knowledge et mero movement nest freedom devoted to prfal  though lune priori recently priuralus etejusd loci convenlui et successor nest  quod ipsietsuccessores Himself distribute church parochial de Tinlenpr ed  impropriate consolidate coke b incorporare annecter etunire eteam such  appropriate solidify incorporate et unite in to appropriate silos use rashly  to be able with proviso to endow a vicarage and that a competent annual sum  shall be distribute to the poor with usual non to stand before and that John  bishop of have and well ordinary of the say place that of September by  indenture tripartite videlicet one part seal with the seal of the say bishop  the other part seal with the seal of the prior and convent of have which  confirm the say indenture and the three part seal with the seal of the dean  and chapter of well which also confirm the say indenture church parochial de  Tintenhul dick nosIrce dicecesis et Himself palronalus ut lay hands on  dictispriori et to come together et successor nest et to domesticate sive  prioratui his predict cum general consensus equally et assent meluendissimi in  Chrand s Princeps et domini Henry oclavi God agreeableness c a uthoritale our  men of order annectim appropriam et to go per prsentes ita quod unresisting  well decedents guide the same church parochial who nunc often seu aliter self  church quovismodo to be empty to touch liceat I psis priori to come together  suisque successoribusper see well per alian seu elsewhere Self nomin  possession dictce ecclesim parochial authority not common with others to go  into c et in to appropriate use to turn round et impeipetuum relinere with  endowment of a vicarage and provision for a annual sum to the poor and  afterward the then parson of the say rectory die after who death the say  Thomas prior of the say priory into the say rectory enter and be as well of  the say rectory as of the say acre of land seize in his demesne as of fee in  right of the say priory and afterward the say prior Thomas die and prior  Robert succeed he and that the say prior Thomas and prior Robert ever after  the say appropriation hold the say rectory with the say acre of land in their  own hand simuletsemel in the right of his priory and find the surrender of the  say priory and that the say king Henry the eight die Julii year Henry by  indenture under the seal of the court of augmentation demise the say rectory  to William petre doctor of law for twentyone year who assign it over to Edward  napper and that no tithe be pay until the second year of queen mary and then  the say Edward napper have a sentence in the court of audience against one  Thomas Guilford then farmer of the say acre and that after the say sentence  until the eight year of queen Elizabeth tithe be pay of the say acre and  convey the say rectory from king Henry the eight by mesne descent to queen  Elizabeth and by the say letter patent and by diverse mesne conveyance to  napper coke a et utrum super totan means c Prd robertus recently prior et all  men prdecessores Himself earlier times the same a tempore pron  interrog   contrar c ante lempus disintegration e nor usque ad time disintegration c to  have et lenuerunt bring edict promontory land exonerate acquietat et immunes  de omnibus et in every way Decimus whoever c a swearer inside ignorant  etpelunt advisamentum Curice in prcumissis coke report b er p et si c and this  case be oftentimes argue at the bar by the sergeant and now this term it be  argue at the bench and in this case these point be resolve that the  information upon which the prohibition be grant be sufficient in matter for  although every parish church be suppose to be presentative and the incumbent  ought to come in by admission institution and induction yet the plaintiff in  this case may prescribe that the prior and his predecessor a tempore pron   interrog  c have be rector of the say church for that amount that it be  impropriate c and the beginning of a thing do before time of memory can be  know videlicet whether it come by union or impropriation and therewith agree a  Edward a where in trespass for certain cartload of oat take at Bodman against  the prior of Bodman the defendant say that the corn be grow in a certain place  in b in the parish of b of which parish he be mask im personate I e incumbent  and he be drive to show how he come to the say parsonage wherefore be allege  title by the prescription and how the corn be sever from the nine part and  that he take it and that be allow for a good title to the rectory wherefore as  to this point the information be resolve to be good but the addition of the  impropriation c have make it without question it be also hold that the  conclusion of the prescription of the unity videlicet ration pron  interrog   the prior hold the say land discharge of tithe be not formal for in truth by  the b unity as it shall appear after the land be not discharge of tithe but of  payment of tithe and so be the word of the statute of Henry as also shall be  after show but yet it seem that forasmuch as the prescription itself be well  allege in substance so as the foundation of the prohibition be good that the  misprision of the conclusion and consequence thereupon shall not be a cause to  grant a consultation that the defendant plea pro consultation to have for he  be in a manner a actor be insufficient because he have traverse a thing not  traversable for the prescription of the unity ought to have be traverse and  not the conclusion videlicet a ration pron  interrog  and that for diverse  reason one as in logic the conclusion of a syllogism can be deny but the major  or minor proposition coke b so it hold in law which be the perfection of  reason b and therefore in a PrWipe if one plead that the manor of dale be  ancient demesne and the land in demand be parcel of the manor and so ancient  demesne the demandant can say that the land in demand be not ancient demesne  for that be the conclusionupon the two precedent proposition the first that  the manor be ancient demesne the second that the land in demand be parcel of  the manor for sequitur state of siege super prmissis and therefore it can be  deny and therewith agree c Edward a Edward a b and many other book so in the  case at bar the major d where there be a perpetual unity of a rectory and land  therein until the dissolution there the land be discharge of tithe but here  have be a perpetual unity of the rectory of t and the acre ergo the acre be  discharge of tithe this conclusion can be deny it be not only a conclusion but  a conclusion of law and matter in law shall not be put in issue to be try  bythe country for the rule be e quod whoever it be to get knowledge of in hoc  see to drive and therefore f as ad qustionem fact non respondent judge ita ad  qustionem law non respondent a swearer thou g and if the jury take upon they  to know the law and find a   b Br travers per sans Ceo b   b and ref postea b  dyer pl a hard hob   a Leon cro Elizabeth more No traverse can be after a  confess c Fitzgib b Doctrin placit Fitzgib c Br ancient demesne Fitzherbert  ancient demesne d hob e       light a   a f   a b   a a and ref   a a Vid  hargrave note   Litt b g   b and ref   coke report a er p the special matter  and mistake the law the judge of the law shall give judgement on the special  matter accord to law without have regard to the conclusion of the jury who  ought not to take upon they the judgement of the law and therewith agree  Plowdens commentary any townsend case fol b b vide Henry carew case Henry a  Henry c and the Lord Barkleys case Plowdens commentary b one plead a gift to  king Henry the seven and to the heir male of his body army pron  interrog  he  be seize in fee the other confess the gift army pron  interrog  he be seize in  tail and no traverse to the virtule pron  interrog  for the conclusion be the  conclusion of the law b the h issue be not well join because the matter of the  discharge be by reason of the unity which be by force of the statute of Henry  and not by the commonlaw and the issue be join upon a discharge by the  commonlaw videlicet prescription in the prior and big predecessor to bold the  say acre of land discharge of tithe which be a discharge by the commonlaw a  every issue ought to consist upon a affirmative and a negative and here be not  any affirmative for that which come after the ration pron  interrog  be not  affirmative or positive allege but as a consequence upon the precedent matter  vide Henry a Henry a b Edward Henry b and therewith agree the resolution of  the judge in the bishop of Canterbury case in the second part of my report fol  so that coke a here be not any issue join of any matter allege in fact in the  information upon the verdict diverse point be move at the bar if the say  impropriation as it be find be good or not if it be not good by the commonlaw  if the statute of Elizabeth regime cap have supply the imperfection of it or  not when the jury find matter sufficient to bar the parson of the tithe which  be not parcel of their charge nor within the issue if without regard to that  matter a consultation shall be grant if by the say impropriation and unity so  short a time before the dissolution which can not be above nine or ten year it  shall be such a discharge of tithe as be intend within the statute of Henry as  to the first it be object that the say impropriation be void for two reason  because the king have make a licence of impropriation of the church of t per  word de prsenti tempore where it appear that at the time of the licence make  there be a incumbent then of the same church so that no appropriation can be  make in prsenti but in going to be by special word to take effect after the  death of the present incumbent for as no appropriation can be make of a church  which be full of a incumbent but in a special manner to take effect after the  death of the incumbent so the king licence without which the appropriation can  be make ought to be special also or otherwise the king be deceive in his rant  and by consequence the appropriation be void and that no appropriation can be  make without the king licence vide sir William Ethinghams case in Edward a and  blow Com in Grendons b that the army oujus where it introduce a consequence or  inference from the precede matter or where it introduce a conclusion of law be  not traversable Vid Beal v Simpson I l raym Kfing v mayor of York TR  Richardson v mayor of Oxford h black Com dig pleader g grills v Mannel will  Doct Plac Groenvelt v Burwell salk the case of king v Nottingham lev seem to  be a authority to show that upon a indictment against a county for the  nonrepair of a bridge a plea that other ought to repair ration tenurce ought  to contain a traverse of their own liability Mr serjeant williams note Bennet  v Filkins sand state that such traverse may be demurrer to but it seem to be  somewhat doubtful whether such a traverse be not necessary if it be a  conclusion in the plea and that the inhabitant of the say parish at large  ought not to be charge be a sufficient traverse king v Ecclesfield I b and a  accord to the case of the commonalty warden c of grocer company v archbishop  of Canterbury will SC black Rep matter of law connect with fact or rather  matter of right result from fact be traversable Vid Saville v Jackson price  note p porter case   a h Doctrin placit   a b a   light a cro car dyer pl Doct  pl Br issue join coke report b er p case fol b and that in such case the  appropriation ought to be make in such special manner appear in Grendons case  and in Elizabeth die pl the second reason be that the appropriation in the  case at bar be make to take effect in possession and not in such special  manner after the death of the incumbent as it appear before it ought by the  law but it be resolve that that appropriation be sufficient in law for it be  true that the licence be general and therefore it shall be take in such sense  that it may take effect and that be to be appropriate after the death of the  incumbent and when the letter patent may be take to two intent good in many  case they shall be take to such intent as be most beneficial for the king but  if the letter patent may be take to one intent good and to another intent void  then for the king honour and coke b for the benefit of the subject they shall  be take in such manner that the king grant shall take effect for it be not the  king intention to make a void grant and therewith agree a Edward b and Roger  earl of Rutland case in the eight part of my report fol a which be proper to  be peruse and in the Lord Stafford case in the same part fol a and the case of  sir I molins in the six part of my report a and the Lord chandos case in the  same part fol b and the earl of Cumberland case in the eight part of my report  fol a c and so it be resolve in the principal case that the licence shall be  take to this intent to make the appropriation to take effect after the death  of the present incumbent and eastern rather because the letter patent be ex  certan knowledge et mero movement and therewith agree a record in the book of  entry title quare hinder division appropriation to have the licence of  appropriation be general and the appropriation after the death of the  incumbent in these word volens et to go away ut unresisting well to go away I  psius church nunc guide quod predictus abhaset convent the same ecclesix  corporal possession apprehenderu ac fruclus provent use to prventiones to take  wholly et freely to have and vide in eoden scales title law as to the second  reason that be mistake for it appear by the instrument ofappropriation find  within the record that ib be by express word to take effect after the death of  the then incumbent ita quod cecedenle well appropriate guide dictce eeclesice  who nunc be c another reason be add that inasmuch as always the king licence  of appropriation be make to the body spiritual to which the church shall be  appropriate and not to the bishop c and therefore it shall be presume that  they will obtain it in such form that it shall avail they also the licence of  appropriation be always general and so be all the precedent for although the  rector be alive at the time of the make of the licence he may die or resign c  before the appropriation as to the second point admit the say appropriation  have be void it be object that the say Act of Elizabeth have make it good for  thereby it be enact and declare that all manor land tenement and hereditament  which at any time heretofore be the possession of any abbey monastery priory c  which after the say four day of February in the that year of Henry be grant or  convey or mention to be grant or convey in or by any letter patent whatsoever  make by the say late king h to any person c be and shall be repute take and  adjudge to have be lawful and perfect in the actual coke a and real possession  of the say late king and of his heir and successor at such time as the same be  grant by the say late king and when it be answer by the plaintiff counsel that  the say Act of Elizabeth extend only to letter patent make byKing Henry and  the letter patent in the case at bar be make by queen Elizabeth and so out of  the say Act of Elizabeth it be resolve that in truth the say Act of Elizabeth  do not extend to this case but not for the cause allege by the plaintiff  counsel for although it be true that queen Elizabeth grant the inheritance of  the say rectory Plowd b   a   a   light b h a b Br appropriate a   a   a a  Plowd a a b Hardr Fitzherbert grant Br exempt r a b c upon the construction of  grant by the king Vid note to the case of Alton ivoods   a et seq coke report  b er p yet it appear by the special verdict that king h by his letter patent  indent have demise the say rectory to William petre doctor of law for  twentyone year and the Act of Elizabeth enact that all manor land tenement and  hereditament mention to be grant or convey in or by any letter patent  whatsoever make by king h to any person or person body politic or corporate  shall be repute take and adjudge to have be lawful and perfect in the actual  and real possession of the say late king and his heir and successor in which  purview four thing be observe the favourable pen thereof see mention to be  grant although ill effect nothing pass by the grant the generality of the word  first concern the quality of the letter patent sure lie or by any letter  patent whatsoever be they under the great seal the exchequer seal the court of  augmentation seal the duchy seal c second concern the estate or interest which  be mention to pass by the letter patent which be leave at large and not  restrain to any in certain and therefore if the letter patent purport a grant  for life or for year the statute have as great operation as to the purview of  the Act as if the letter patent have purport a grant of a estate tail or a fee  the generality of the purview for it extend not only to make the grant good  but to vest the manor land tenement and hereditament of the late abbot c in  the actual and real possession of king Henry and not only in king h but to he  his heir and successor so that the land shall be as well vest in the king his  heir and successor when the king grant the land for life or year as where be  grant it in feetail or feesimple and so the purview extend to three other case  where any such land tenement or hereditament come to the hand or possession of  the say late king h or which be put in charge to or for his highness in his  court of exchequer or any other court of his majesty revenue or by any auditor  or coke b other officer of the say late king and in every of these case the  purview have so great operation as in case of letter patent as to vest such  land tenement or hereditament in the king his heir and successor but yet it be  resolve that the say Act of Elizabeth cap do not extend to this case for the  purview have a qualification or restraint which have not be mention before at  the bar and that be that in the say four case such land tenement and  hereditament shall be repute take and adjudge in the actual and real  possession of the say late king his heir and successor at such time as the  same do so come to his majesty hand or possession or be so put in charge or  grant or convey by the say late king Henry as aforesaid then come the  qualification or restraint notwithstanding any defect want or insufficiency of  or in any surrender grant or conveyance of the say manor land tenement or  hereditament or any part thereof to the say late king Henry or any other  matter or cause whatsoever by which his highness be or may have be entitle to  the same so that the scope and purpose of the Act be to vest in king Henry all  the land tenement and hereditament which the abbot c bad notwithstanding the  defect aforesaid but if the say appropriation be void and be not give to the  king by the statute of monastery then the prior of Montacute in the case at  bar have nothing in the say rectory but the advowson only and law prsentandi  but yet the say Act of Elizabeth be of great use and effect for inasmuch as  the statute of h S give not the king any monastery priory c but only which  have be surrender grant to the king c or be dissolve or which shall be  surrender grant c or dissolve this Act in the say four case have supply the  defect or want of a surrender grant or conveyance also of a insufficient  surrender grant or conveyance so that be there any conveyance to the king or  not and if any be although it be insufficient the say land tenement and  hereditament be actual vest in the king his heir and successor if the abbot  prior c have be seize or in any other case where a office to know facias  seizure c be requisite to vest the possession in the king there the latter  word videlicet or any other matter or cause whatsoever by which his highness  be or may have be entitle to the same supply all such mean by which the king  may have be lawful entitle and put in actual possession vide h brook title  choose in action the question there make where a abbot c be seize well explain  and resolve but although there be a defect in the coke a coke report b er p  appropriation yet if the rectory be in a reputation appropriate and so have be  use it be give the king by the statute of h c or h c and therefore in  Elizabeth a in the dean of Paul case it be adjudge in the king bench that a  chantry or college in reputation and not in law be give to king Edward by the  statute of I e within the word all and all manner of chantry college c June  year b Elizabeth in cancel upon a aid prier of the king by the course of the  commonlaw the case be between the Lord saint John plaintiff and the dean and  chapter of Gloucester defendant for the parsonage impropriate of Penmark in  the county of Glamorgan because the patron who before t appropriation have  grant the advowson to the body ecclesiastical to which the appropriation be  make in year r be but tenant in tail and yet it always continue as a church  appropriate it be resolve by sir Thomas Bromley Lord chancellor of England  Gilbert Gerrard master of the roll shoot and Windham justice who the Lord  chancellor in that case associate unto he that this rectory in reputation be  give to the king by the statute of monastery c another case be Tr Elizabeth in  Camerh scacc inter t Grimes and h smith for the parsonage of Bulbenham in the  county of Leicester which year Edward be appropriate to the abbot of Sulby and  no vicar endow there c accord to the purview of the act of h r g but there  have continue a vicar in reputation and the rectory continue also as  appropriate and it be resolve that that rectory be give to the king by the  statute of monastery d hill James Reg in cancellar inter Bedel and bear for  the church of Kumbalton which be appropriate in year e and the defect be that  Humphrey de Bobun earl of Hereford who grant the advowson of the say church to  the body ecclesiastical to which the appropriation be make be but tenant in  tail and resolve clear that it be give to king Henry by the statute of  monastery notam reader in the statute of monastery there be a e save of right  c but the founder donor c be except out of the save so they be bind by the  body of the Act as to the three point upon the verdict it be resolve that  forasmuch as the special matter find by the jury be not parcel of their charge  nor pertinent to the issue admit that the special matter have be sufficient to  have bar the plaintiff of the tithe it shall not be regard for the party  grieve thereby can have g attaint d nor the witness punish for perjury by the  statute of h Elizabeth because the say of the jury nor the testimony of the  witness be not material to the issue e so that inasmuch as the issue be join  upon prescription in the prior and his predecessor to hold the say coke b acre  discharge of tithe a tempore atjus they can give in evidence a unity of the  rectory and land for ten year only that if any colour shall be that the same  shall be a discharge it be not a discharge by prescription a tempore pron   interrog  c by the common a hob Goldsb Godbolt roll Rep cro James Jones Leon a  dyer pl jenk cent roll Rep   b hughes Abr e cap   b a a b b hughes Abr Hardr c  Hardr hughes Abr   price Anst wight d   palm Rep e cro James Jones f     a and  ref g roll Inst d writ of attaint be abolish by stat Geo cap t see Carth h  Elizabeth cap hawk p c e in a indictment for perjury it be essential necessary  to aver that the question be material king v MKeron TR but it seem even at  commonlaw it be not necessary to show circumstantial how the question become  material a general averment be sufficient such general averment be certain  sufficient since stat Geo c h king v Dowlin TR coke report a er p law but by  the statute of h so that for the insufficiency and impertinency of the point  and part of this prolix record the other justice do not speak to the four  point of the verdict but the chief justice for the better direction of this  and such other case do declare that the point have be resolve before and the  cause and reason of the resolution thereof it be a long time in all the court  at Westminster a great question upon the say branch of the statute of h and  the cause of the doubt thereof stand upon two consideration upon consideration  of the nature and quality of tithe before the say Act upon the word and  purview of the say branch of h and as to the first quolapars I e decima Pars  which we call tithe a be a ecclesiastical inheritance collateral to the estate  of the land and of their proper nature due only to a ecclesiastical person by  the ecclesiastical law and therefore no unity of possession can either  extinguish or suspend they but they notwithstanding any unity remain in be so  that they may be demise or grant to any spiritual man notwithstanding any such  suspension tithe be more collateral to land than a warren which the owner of  the land have in it for by feoff of the land without except the warren the  warren be extinct as it be hold in b h a but c if a prior who have a parsonage  impropriate feoff another of part of the glebe yet he shall have tithe against  his own feoff as it be hold in e a and they be not like a leet and yet if the  lord of a leet purchase land within it his leet be not suspend nor if he make  a feoff of the say land be his leet in it extinct as it be hold in Edward  title avowry and Edward ibidem but he have a inheritance by the commonlaw in  the leet which be descendible and which he may grant over to who he please but  such inheritance a layman can have in tithe by the commonlaw neither shall  they pass by such word as temporal inheritance shall pass and therefore mich  Elizabeth in a prohibition betwixt John d Parkins and Thomas hind parson of  babington in the county of Somerset the case be that the say parson by deed  indent lease his glebe cum prficuis et commoditatib eiden S ectantib for year  render rend p bring Vmkibus exactionib et demandi whoever dick rectorke pro  enclosed space predicto speclantib and the question be if the lessee shall  have the say close discharge of tithe during the term and it be resolve per  coke a totan curian that the tithe shall not pass by such general word and as  they be tithe not sever they be mere ecclesiastical for the subtraction of  which no remedy lie by the commonlaw if a parson purchase land within his  rectory and lease this rectory the lessee shall have tithe of the land  purchase and therewith agree h dyer pl vide h brook title dime f then inasmuch  as if tithe be consider of themselves before the severance of they they be  mere ecclesiastical and so collateral to the estate of the land that no unity  can extinguish or suspend they but notwithstanding any unity they remain in be  now the word of the Act be to be consider which be that as well the king his  heir and successor as all and every such person and person their heir and  assign which have or hereafter shall have any monastery parsonage appropriate  or other hereditament c shall have hold retain keep and enjoy as well the say  parsonage appropriate c northeast wind land tenement and other hereditament c  discharge and acquit of payment of tithe as free and in as large and ample  manner as the say late abbot prior c have hold occupy possess use retain or  enjoy the same at the day of their dissolution and upon these word forasmuch  as the unity do not discharge nor suspend the tithe but that they be in be at  the time of the dissolution and a Jones Godolph Abr cro James Degges parson  counsellor b   b dyer pl but his case day b c cro James Bulst roll cro James    a   III a more dyer pl Br dime more day a Noy hughes Abr Dall d cro Elizabeth  Degges parson counsellor hetley Owen roll God Bulstr more Nov Bulstr f Vid Com  dig dime d e vin ab dime king a Gibs cod coke report b er p forasmuch also as  these word discharge and acquit imply actual immunity and freedom and that the  king and his patentee shall not have they discharge and acquit absolute but  sub modus that be to say in as large and ample manner c as the say late abbot  c and the late abbot hold not the say land in case of unity discharge but  charge with the payment of they for these reason in short it be doubt whether  the say Act shall extend to the case of a perpetual unity and it be also urge  that if the say Act of Henry in case of perpetual unity shall in respect  thereof discharge the land of tithe it will do a wrong and as it be say in  Plowd Com in the earl of Leicester case b the parliament be a court of the  great honour and justice of which none ought to imagine a dishonourable thing  and the doctor and student fol c it can be think that a statute that be make  by authority of the whole realm as well of the king and of the lord spiritual  and temporal as of all the commons will do a thing against the truth c and  fortescue cap discretion etiametsapientia unavoidably stafula hunt royal power  fill up to clean be dumb non One or centum solum adviser verdure send plusquam  three hundred elector man wicker basket numero formerly senatus of Rome to  keep straight self are to give out coke b but at length upon a great  consideration it be resolve and adjudge that a a perpetual unity a tempore  pron  interrog  c till the dissolution shall be prima fancy a discharge of the  land of payment of tithe by force of the say branch of h cap for diverse  reason the a statute do not say discharge of tithe but of tithe and diverse  other reason the chief of which be for the b infinite impossibility and  impossible infiniteness so that such immunity and discharge which religious  house have before time of memory can be know and it be express resolveded that  the general allegation of unity at the time of the a averment that it be  perpetual be not sufficient and although it be a perpetual unity c yet if the  farmer of the land of the rectory have pay tithe before the dissolution then  the intendment and presumption of law upon the perpetual unity fail g and all  this you may see in the archbishop of Canterbury case in the second part of my  report and diverse judgement and resolution there cite fol and so that such  unity which be within the say branch of the Act of Henry ought to have d four  quality Talis unity ought to be jusla rightful and not by wrong it ought to be  cequalis know fee in the one and the other for if the abbot prior c have hold  by lease a tempore casus c that be not a unity within the statute it ought to  be perpetuan a tempore pron  interrog  c it ought to be liberan free of  payment of any tithe but if their farmer at will for year c have pay tithe to  they as have be say the unity perpetual will not serve but it be ask what if  the appropriation be make in the time of e h h r e c and yet in law within  time of memory and unity have continue from the time of the appropriation  until the dissolution and tithe be never pay neither by the abbot c or their  farmer shall not the statute extend to those cause and it be answer no upon  the point of unity for if he will take the aid of the Act of h the unity as  have be say ought to be perpetual but in such case he may allege the say  branch of the Act of h concern the discharge of payment of tithe c e and that  the abbot c a a more hob a hob b   a hob c cro James g Acc Benton v trot more  Lord v Turk bunb Slade v drake hob but in porter v Hathurst cro James the  court decide that the land shall not pay tithe although at the time of the  dissolution of the abbey they be in lease for year and the lessee pay tithe  and that case have since be recognize as good law Cowley v key Gwill Vid ante  note p bishop of Winchester case   a cro James hob Degges parson counsellor  Godolph Abr Gwill   b a cro car hob coke report a er p tempore pron  interrog   c until the dissolution have hold the land discharge of tithe as he may well  prescribe by the commonlaw and give such evidence that he may approve it and  so if in truth the land be discharge he have sufficient remedy to relieve  himself vide the bishop of Winchester case in the second part of my report  folio b a but if the abbey or priory c be find coke a within time of memory  then he can prescribe entirely and forasmuch as in the principal case the  appropriation be make in h so that it appear to the court that before that the  acre be charge with tithe for of common right all land ought to pay tithe for  that reason the chief justice conclude that the say acre be as this case be  Chargeable with tithe but if the party be not satisfy with it they may begin  again for inasmuch as the information as it be resolve be good and the plea  pro consultation to have altogether insufficient and the verdict impertinent  to the issue they will not grant a consultation and thereunto the whole court  agree