case ive against sams Trinity term Elizabeth roll if a man let we his manor To  take out kind of water fowl the soil also be except and if he afterward grant  a lease to the same lessee of all wood grow upon the manor and then grant a  term of the manor to the same lessee to commence after the end of the first  term the acceptance of this three lease be a imply surrender of the second  lease and the wood be not sever from the manor ante post   a   light roll Abr  d er cro James hob   dig term Rep term Rep   light roll Abr dyer Plowd   b  more cro James   cro car Leon Owen waste and count of a demise for thirty year  make to the defendant of the manor of Tottenham in Essex the defendant plead  non to send different ways modus el form and thereupon a special verdict be  find that I S let the manor to the defendant for thirty year To take out  omnibus kind of water fowl el subboscis and afterward make another lease to  the same lessee for sixtv year of all wood and underwood grow and be upon the  manor without imvp eachment of waste and after that make a three lease to the  same lessee for thirty year of the manor to commence after the end of the  first term the first term expire the lessee afterward cut down tree and I have  have the reversion bring waste et si c hear for the plaintiff the question be  only whether by this exception or the second lease the wood he so sever from  the manor that it do not pass by the three lease of the manor and whether this  thirdlease be not a implicit surrender and drown of the second lease and he  hold clear that the wood and underwood notwithstanding this exception and the  second lease remain parcel of the reversion of llie manor and pass by the  three lease of the manor and so be the opinion of Portman in Plowden and dyer  croak Elizabeth Glanville contra Firs by the exception the soil be except as  Henry pl be and during that time it remain except and divide from the manor to  all purpose but if one let a acre parcel of a manor for year the reversion  there be parcel of the manor and shall pass by a grant of the manor but a  lease of the manor except a acre the acre except be not any part of the manor  to any purpose and shall not pass by a lease of the manor and this difference  appear by Bromley in blow and Henry pl then the soil of the wood be sever for  the time it shall not pass by the three lease of the manor and the second  lease do not conjoin they to the manor for thereby the soil be not let but  only the wood grow c which extend only to a lease of the tree so it remain  always sever wherefore this issue be find for the defendant that he do not let  c Walmsley it be agree in culpepper case dyer that if I fall tree grow within  my land they be now hecome chattel but if I buy they again they be now rejoin  to the inheritance and here by this exception of the wood the soil be except  and sever from the manor in possession but it be parcel of the reversion of  the manor and there be not any difference where parcel be let and where parcel  be except so it pass by the take of the three lease which be clear a surrender  or extinguishment of the second lease present although this three lease be to  commence at a day future as it have be agree in this   be because by his  acceptance he allow the lessor able to let the land during the other lease  Anderson there be no doubt but that the soil of the wood be except and yet it  remain parcel of the reversion of the manor and shall pass by a grant or lease  of the manor and shall he recover by a recovery of the manor and there be not  any difference to this purpose betwixt a lease of parcel and a exception of  parcel of the manor and I agree that if tree he sever from the manor by grant  yet if they afterward return to he who have the manor they be rejoin and be  not chattel in he and that his acceptance of the three lease be present a  surrender or croak Elizabeth er p extinguishment of the second lease for he  can not have the land and tree in he in several degree but the tree shall he  rejoin to the land by the last lease and if lessee for twenty year take a  lease for ten year to begin at Michaelmas there be no doubt but that the term  for twenty year be surrender or determine present fwby the lessee acceptance  the lessor have power to make a new lease during the former and at the time of  the lease make wherefore c Heaumond agree with he in omnibus wherefore  absentee Owen judgement be give for the plaintiff note Walinsley say if one  bargain and sell his tree to one and after let the land to he for year the  tree be now rejoin to the land so that if the lessee cut they down he shall he  punish in waste say qucere de Ceo