case lady LANESBOROUGH Appellant John OCKSHOTTRespondent that January Mews dig  xiv the lord of a manor enter into a agreement with his copyhold tenant for  enclose part of a common and to effectuate this agreement the tenant consent  to the enclosure and release their right of common in the ground to be enclose  and the lord on though other hand release each particular tenant from all quit  rend and other service the enclosure by various accident be prevent from take  effect and therefore the tenant continue to enjoy their right of common pay  their quitrents and do suit and service at the lord court as before hold that  this agreement be mutual waive viner vol p can Eq can ab can in the year  Ambrose Muschamp esquire as lord of the manor of east Horsley in Surre come to  a agreement with the tenant hold of the same manor for enclose a piece of  ground call the great or low common which be parcel of the manor and on which  the tenant have a right of common and to effectuate brown er p this agreement  Mr Muschamp by a separate instrument date the that of may release each  particular tenant brown from all quitrent and other service due to he as lord  of the manor and the tenant by another instrument of the same date under their  hand and seal consent to the enclosure and release all their right of common  in the ground so to be enclose soon afterward Mr Muschamp set about make this  enclosure but the hedge be private throw down and other obstruction happen he  relinquish the design so that the tenant of the manor continue to enjoy their  right of common and to pay their quitrents and do suit and service at the lord  court in the same manner as if no such agreement have ever be make but the  instrument which have be reciprocal execute in consequence of that agreement  be neglect to be cancel in Mr Muschamp sell and convey this manor to the  appellant whereupon the several tenant and particular the respondent father  pay their quitrents to her and do suit and service at her court as lady of the  manor for many year without any objection but the respondent have upon his  father death become entitle to his farm call green dean suffer the quit rend  to run in arrear and therefore in July the appellant cause a distress to be  make for the amount of the arrear whereupon the respondent reply and have find  the release execute to his father by Mr Muschamp upon the occasion  abovementioned he plead the same in bar of the appellant avowry so that  judgement be give against her with damage and cost the appellant be hereupon  advice to seek relief in a court of equity she accord exhibit her bill in  chancery against the respondent for payment of his quit rend for the time pass  and to come and that he may be compel to do his suit and service at the court  of the say manor as the other tenant do to this bill the respondent plead the  say agreement between Mr Muschamp and his father and the say release and by  his answer he deny the equity of the bill the plea be argue and allow and the  answer be reply to and witness examine the cause be hear on the that of July  before the Lord chancellor Parker when the court think fit to order that the  bill shall stand dismiss with cost from this decree the plaintiff appeal  insist t Lutwyche r Raymond that it full appear by the proof in the cause that  the agreement between Mr Muschamp and his tenant have be mutual waive and that  each party full enjoy their respective right as before that the respondent  father in particular do constant afterward until his death pay his quitrent  and do suit and service and put sheep and cattle upon the common without  interruption and though he live year after the agreement he never set up or  insist upon the release and that the respondent himself have brown allow a  payment make by his tenant for a relief and never insist on the release till  after the distress on the other side it be contend I ayloffe c Talbot that the  agreement be make at the instance and desire of Mr Muschamp and to promote a  advantage which he propose to himself from the intend enclosure that it be  accord execute between the party by proper conveyance whereby the tenant right  of common and the lord title to the quitrents and service be mutual extinguish  and that therefore the several proceed bottle in law and equity touch the  right in question be well find and ought to be confirm but after hear counsel  on this appeal it be order and adjudge that the decree therein complain of  shall be reverse and it be further order that the respondent shall deliver up  the release execute by Ambrose Muschamp to the respondent father date the that  of may and that the other release of the same date execute by the respondent  father and other to the say Muschamp shall be cancel as to the respondent and  that the respondent shall account with and pay to the appellant the arrear of  the quit rend in question and that the message farm and land in the bill and  answer mention call green dean shall be and continue for ever thereafter  charge and Chargeable with the payment of the say quitrent and with the  performance of all the other service which the same be subject to before the  say release and that the brown er p respondent his heir and assign and his and  their tenant shall enjoy their right of common of and in the say great or low  common and elsewhere within the say manor as if the say release of the that of  may have never be execute by the respondent say father jour vol p