brown case thomas dyke and other appellant bishop of bath well respondent that  may Mews dig v a manor belong to a bishop see be usual lease out for life at a  rend of pound S d one of the bishop on renew this lease except the demesne  which be of the value of pound S d but he reserve the full ancient rend of  pound S d this bishop however accept a rend of pound S d be the proportion  after deduct for the demesne in full of the whole reserve rend this acceptance  will not bind his successor who be entitle to the full rend reserve by the  lease decree of the court of exchequer affirm the respondent be seize jure  bishopric of the manor of bockland in the brown er p county of Somerset  consist partly of leasehold land call demesne or overlands and partly of  copyhold land and ancient the whole manor both demesne and copyhold be grant  by the bishop of the see to lord farmer in trust for the tenant thereof for  year or three life and these tenant hold their estate under several and  distinguish rend amount in the whole to pound S d per annum in dr Arthur lake  the then bishop of bath and well design to advance the revenue of his  bishopric refuse on renew the lease of the manor to demise the whole as have  be usual do and except thereout all the demesne or leaseholds be of the  ancient yearly rend of pound S d but of the improve value of pound per annum  and upward and yet he reserve in the new lease the full ancient rend of pound  S d he declare however that this reservation be only make to prevent any  question which may arise touch the validity of the lease in case less have be  reserve than the full old rend and therefore he agree notwithstanding the  reservation to accept and do accord accept the yearly sum of pound S d which  be the proportional part of the rend for and in respect of the copyhold  exclusive of the leaseholds in full satisfaction and discharge of the whole  reserve rend of pound S d in order to settle the estate of these copyhold  tenant and that they may not in future stand Chargeable to succeed bishop with  more than this proportional rend of pound S d two bill be by the advice and  direction of bishop lake bring into parliament in the that and saint year of  James I to enable the bishop and his successor to grant lease of the manor  with the above exception reserve thereon the yearly rend of pound S d only but  the ensue death of the bishop and the then situation of public affair prevent  these bill from be pass brown dr laud who succeed dr lake in the bishopric by  a instrument under his hand and episcopal seal date the saint of September  state at large the above transaction in the time of his predecessor and the  benefit which have accrue to the bishopric by this severance of the demesne  from the copyhold and in order to quiet his copyhold tenant and their family  do testify and declare that he will yearly accept the say sum of pound S d be  as much as ought to be pay and upon receipt thereof will give full discharge  for the whole pound S d not doubt but his successor will be induce likewise to  have the same regard to the copyhold tenant by not exact the whole pound S d  but will be content to accept the say pound S d and the rather in respect no  prejudice do arise nor any diminution of rend by so do but the full rend of  the say manor will be Payable and issue out of the say demesne or overlands  and the copy hold tenement the several successor of bishop laud in this see  execute similar declaration respect the rend Payable by these copyhold tenant  because the full rend still continue to be reserve upon every new lease namely  bishop pierce on the that of December bishop Creighton on the that of  September bishop mew on the d of October and bishop Kidder on the that of  December bishop Kidder by lease date the that of December demise the manor  with the exception of the demesne or overlands to the appellant for three life  reserve the whole rend of pound S d but he nevertheless accept the  proportional rend of pound S d during all the time that he afterward continue  in the see in he be succeed by the respondent who be thereupon attend with the  several declaration execute by his predecessor for near year back and have  copy thereof leave with he but he refuse accede to that equitable mode and  insist on be pay the whole rend reserve by bishop kidders lease which the  appellant not think themselves warrant as trustee in submit to the respondent  in Hilary term file his bill in the exchequer against the appellant to recover  the arrear of the say reserve rend of pound S d and to compel they to execute  a new counterpart of bishop kidders lease upon a suggestion that the former  counterpart be lose hereupon the appellant on behalf of themselves and the  rest of the copyholder of the say manor exhibit their cross bill to be relieve  in the premise and that the bishop may be compel to execute such a declaration  as his predecessor have do and that they may be quiet in the enjoyment of  their copyhold on payment of the say proportional rend of pound S d brown er p  on the that of June both cause be hear but the court be equal divide the Lord  chief baron and Mr baron bury for the appellant and Mr baron price and Mr  baron Banastre for the respondent no decree can be make and brown therefore  accord to the course of that court the cause be on the that of February follow  hear before sir William Wyndham the then chancellor who agree in opinion with  the baron price and Banastre it be decree that the defendant dyke Kerstake and  venner shall forthwith execute and deliver to the plaintiff a counterpart of  the lease then in be and come to a account with he before the deputy  remembrancer for the arrear of the say rend of pound S d which shall be due at  the time of execute such counterpart and that the cross bill shall be dismiss  but that no cost shall be pay by either party in either of the say cause from  this decree the defendant appeal insist I Jekyll n Lechmere that it plain  appear that the full ancient rend of the whole manor both demesne and copyhold  when lease together be never more than pound S d and that upon the severance  of the demesne from the copyhold in bishop lake time it be but reasonable and  just that the copyhold tenant shall be Chargeable only with so much as be add  to pound S d the old rend of the except land will make up the pound S d and  that be pound S d and no more that the agreement between bishop lake and the  tenant be round on such just and reasonable motive constant approve by the  several succeed bishop and confirm by such long usage ought in equity to be  bind upon the respondent who enjoy the benefit of the severance then make and  also the full rend that be ever Payable for the whole manor that though it be  then apprehend that a rend pro rata can not be reserve on a bishop lease which  be the true reason why pound S d and not pound S d only be reserve yet the law  have be otherwise settle since that time that the appellant ought not to be  decree in equity to execute another counterpart unless the respondent will  likewise do equity by execute such a declaration as his predecessor have do  and therefore it be hope that the decree will be reverse that the respondent  will be oblige to accept the say pound S d in full of the reserve rend of  pound S d that all future lease of the say manor and copyhold tenement shall  bet under the say yearly rend of pound S d and that the appellant shall have  their cost in the court of exchequer on the other side it be argue r Raymond S  mead that the decree be just and reasonable notwithstanding the declaration of  bishop Kidder for there be great reason to believe that he be deceive into  that declaration by rely on the instrument allege to have be sign by bishop  laud which bear evident mark of be spurious or at least of be find on fact  which never exist and suggestion which be not true but suppose this instrument  to be genuine and that no reasonable or solid objection lie to bishop kidders  declaration yet that declaration can not be bind upon his successor even if it  have be pen with positive word for if such invention as these shall be permit  to brown prevail it will establish a method to elude the restrain and disable  statute Elizabeth c Elizabeth c Elizabeth cc Elizabeth c Elizabeth c James c  which be make to prevent the diminution of the ancient revenue of the church  much less can this declaration be bind when it be only pen by way of  recommendation for the bishop do not thereby pretend to bind his successor say  no more than this that he do not doubt but his successor will be prevail with  by the same reason to do the same thing so that the successor be clear leave  at liberty to be govern or not by those reason just as he see cause to approve  or disapprove of they accord after hear counsel on this appeal it be order and  adjudge that the same shall be dismiss and the decree therein complain of  affirm jour vol p brown er p