case pet against BASEDEN easter term Elizabeth roll a legacy pro et in  exoneratione of dower be conditional and if the legatee sue for the legacy in  the spiritual court and the executor plead that he offer to pay it on receivin  a discharge and the court refuse the plea a prohibition shall go   light a   a  prohibition the plaintiff declare that whereas m pet be seize in fee of  diverse land and be soseised make his will and make the plaintiff his executor  and devise part of his land to his old son in fee and that he shall have it  when he come to his age of twentyone year and that in the mean time the  executor shall take the profit for payment of debt and legacy and devise l to  rise his wife pro et in exoneratione of her dower in the say land to he pay by  his executor within one year after his death and that he die and the defendant  marry rise and further allege that the defendant in consideration that the  plaintiff promise to pay he the l within one year after the death of the  testator do agree and promise to the plaintiff to make he a reasonable  discharge of the l and also to the plaintiff and the son a reasonable  discharge of the dower of rise and allege in facto that he offer the payment  of the l to the defendant and require a discharge of the say l and of the  dower yet he intend to have the say IOU and after to recover the dower of the  land sue for this legacy in the court Christian and although he offer there  the l so as the defendant will make a discharge of dower yet they refuse to  accept this offer and thereupon he sue to prohibition and upon this  declaration it wasdemurred in law first because this legacy be proper suable  andrecoverable in court Christian second this agreement be no cause to draw it  out of the spiritual court three he have not show performance of the agreement  but he say he offer it but say hot that he pay it nor that the defendant  refuse it Fourtbl he show not the time he offer it but the court upon motion  be of opinion that the prohibition do lie for here the word pro Elizabeth n  exoneratione make e a condition that he shall not have the hundred pouiiiis  until he make a discharge of dower c then when he allege that he will have pay  it if the other will have discharge c it be good enough and the agreement  hetween they be a cause of a action upon the case at commonlaw and this plea  be minister in the spiritual court and they refuse be a good cause of  prohibition