coke a elmer case Trin Elizabeth in the king bench the statute of Elizabeth be  a private Act and must be plead when land parcel of a bishopric be lease for  year and afterward the bishop ousts the lessee and make a lease confirm by the  dean and chapter for three life render the ancient and accustom rend such  lease be voidable by the successor where the statute provide that the old  lease be surrender within one year c a conditional surrender be not within the  Act SC Moor coke report b er p between Elmer   b hard Brownl winch a bishop of  London and gale defendant for the scite of the manor of Drayton in Middlesex  two point be resolve that the statute of raze lease Cr James   a Doct it is  pleasing more and Leon cro Elizabeth brown   light a palm latch Cr car   a b b  Elizis a private Act whereof the court without plead of it will not take  notice it be resolve that where the say scite parcel of the bishopric be in  lease for year and Grendal the bishop oust the lessee and make a lease which  be confirm by the dean and chapter for three life render the ancient and  accustom rend that this lease be voidable by the   a   light Cr Elizabeth   a  keb Mod Rep cart vent roll Rep c successor because the statute of Elizwas in  the disjunctive for year or three life and therefore the bishop can not make  both but if in the case at bar the say lease shall be good then a bishop may  make a lease for year and present after make a lease for life which will be  against the word and meaning of the ActRecog roe v Prideaux east a the rend  reserve on the lease be not Payable within the meaning of the say Act for  although ex way termini it be Payable because after the lease for year  determine the lessor may distrain for all the arrearage of the rend reserve on  the lease for life yet it be not Payable within the meaning of the Act for the  Act be make to maintain hospitality and to avoid dilapidation and that can be  but by a continual revenue yearly Payable by compulsion of law and not in  expectance or in going to be for bridge d possibility neither maintain  hospitality nor repair church and in this case the bishop will have but a  possibility for the lessee for life will have the rend reserve on the lease  for year and if they coke b survive the lease for year then the bishop and his  successor will have remedy for the rend and arrearage reserve on the lease for  life as it have be say and it be say that where the statute of   a   b   a  Hardr   a   b   a a   b   light a a blow b raze lease dyer pi pi pi pi pi pi  pi Savil pi Cr James Cr car roll Rep roll Rep latch bridge more Leon Leon  Jones Inst godb pl keb Cr Elizabeth a h cap provide that the old lease be  surrender within one year c that a surrender conditional Vid Gibbs v Davie hut  swain v Holman hob send for Vid also Sydenham v cap more in Wilson v carter  strange the court hold upon the construction of the stat h c that a prebendal  lease make upon a surrender condition to be void if the prebend do not within  a week after grant a new lease be good Vid upon the constr h c   Litt b Tac ab  lease e b be not within the say Act for the intent of the maker of the Act be  to have a continue and absolute surrender and not such illusory surrender  which may be avoid the next day for factum non to say quod non perserverat and  feeling a word be anima law but in the principal case judgement be give  against the bishop for not plead the say statute of Elizabeth coke report b er  p