The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

CCCXLI. Woodward and Bagg's Case. Hill. 32 Eliz. In the Kings Bench.

WOodward Libelled in the Spiritual Court against Bagg and Nelson, for Tythes of certain Lands called Christen Hill.* 1.1 The Defendant sued a Prohibition, and surmised, That one Preti∣man was seised of the said Land; and in Consideration of 5 l. by him paid to the said Parson, It was agreed betwixt them, That the said Pretiman and his Assigns should be discharged of Tythes of the Land, during his life, and afterwards the said Pretiman leased the same to the Defendants: upon which, a Prohibition was granted.

And it was holden, That the party need not to make proof thereof within 6 Months, for it is not within the Statute, because a Compo∣sition with the same Parson: But now a Consultation was grant∣ed, because the Agreement is shewed, but no Deed of it, which cannot be any discharge: But if it had been for a time; scil. unica vice, it had been good; but for life, not. Also it is not an express grant of the Tythes, but only a Covenant and Agreement, that he shall be dis∣charged; upon which he may have an Action of Covenant, but not a Prohibition.

It was said on the other side, That although without Deed, Tythes cannot pass in point of Interest; yet by way of discharge they might.

Cook, It was holden betwixt Pendleton and Green, That upon such words of Covenant and Agreement, the party should hold the Land discharged of Tythes; which was denyed. For if the Grantee of a Rent Charge will grant it to the Tenant of the Land, the same without Deed is not good. And there was very lately a Case between Westbede and Pepper, Where it was agreed betwixt the Parson and one of his Parish, That for 20 s. Rent by the year, the Parishioner should be discharged of Tythes for 20 years, if he so long lived. And it was holden, That no Prohi∣bition should lie upon it; a fortiori, where the Estate is for life.

Gawdy, In the Case of grant of Tythes for life, a Deed is requisite, but here it is no••, but a Contract for Mony, &c. See 21 H 6. 43.

Wray, If it had been for years, it had been good enough; but here is not any Contract, but only a discharge for life; which cannot be during his life, without Deed. And afterwards, the Record was read; which was, That Concordatum & aggreatum fuit be∣tween the parties pro omnibus decimis during the time, that the one should be Parson, and the other Occupier of the said Land, That in Consideration of 5 l. the said Pretiman and his Assigns should hold the said Land discharged of Tythes.

Wray, The same is no Contract, but a Promise, for he doth not grant any Tythes. Afterwards a Consultation was awarded.

Notes

• * 1.1

  Roll. 63. 2 Len. 29. 3 Cro. 188. Owen Rep. 103.