case the bishop OF hereford against scory Trinity term Elizabeth roll the  defendant avow upon a bishop lease make by the predecessor of the plaintiff  for three life confirm by the dean and chapter and aver that it be at the  usual and ancient rend and the land usual demise the plaintiff reply that it  be before usual retain for hospitality without hoc quodfuil to greater extent  usualiter surrender c and the traverse be hold good ante   light Bac Abr dougl  a in the report of this case in more it be say that the lease be with power of  attorney to make livery and that the indenture be seal and deliver the day of  the date and the livery make a mouth afterward and that it be adjudge good  because the livery be execute after the day of the date see also bank v brown  more freeman v west Wilson innotis greenwood v tiler cro James Powel on power  b in the case of Davison v Stanley burr upon a question whether the acceptance  of a second lease operate as a surrender of a former lease?the court of king  bench be clear and unanimous that unless the second lease be good the  acceptance of it can be consider as a imply surrender of the first see also W  Jones Lloyd v Gregory hut watt v Maidwell I burr Tvilson v jewel where this  point be so determine see also Geo c S croak Elizabeth er p second deliverance  the defendant avow for damage pheasant for that the bishop of Hereford  predecessor to the plaintiff let the place where Eliz to the defendant and two  other for three life render S d rend and that this lease be the same year  confirm by the dean and chapter and aver that it be the usual and ancient rend  and the land usual demise c the plaintiff reply that this land be parcel of  the demesne of such a manor and usual before that dease retain in the hand of  his predecessor for hospitality and confess the lease and how hispredecessor  die and himself create bishop c and traverse qudd to be to greater extent  usualiter surrender c modus et form c prout c and it be thereupon demurrer for  it be all ledged by the de fendant lbat the traverse as to a matter not  material for by the commonlaw a bishop with the confirmation of the dean and  Charles pter may demise any land without reserve any rend and the Henry c take  nothing from the commonlaw but croak Elizabeth add more videlicet that the  bishop only may demise land usual demise render the ancient rend and that it  shall be good without confirmation c and the Elizabeth c restrain the  commonlaw that no lease or grant c by bishop unless to the queen except lease  for twentyone year or three life whereupon the ancient rend be reserve shall  be good and this statute be not a restraint to any land and therefore it be  not necessary by this statute that the land shall he usual demise and  therefore it continue as at the commonlaw it be then a lease confirm be good  and the traverse ill but all the court resolve to the contrary for although at  the commonlaw any lease by a bishop with the confirmation of the dean and  chapter be good and the Henry c make lease good by the bishop only which be  make accord ing to the statute without any confirmation yet the Elizabeth c  ordain that no lease shall be good unless it he warrant by the Henry c and  ousts all grant and lease at the commonlaw and be a prohibition against they  and whereas the statute appoint I that the ancient rend shall he reserve it be  thereby limit and intend that the land shall have be usual demise for  otherwise the ancient rend can be pay for it wherefore the traverse be good  and to a point material and rule be give that judgement shall be enter accord  unless c croak Elizabeth easter term Elizabeth in the queen bench sir John  Popham Knt chief justice sir Francis gawdy Knt sir Edward Fenner Knt sir  Christopher YelvertOD Knt justice sir Edward coke Knt attorneygeneral sir  Thomas Fleming Knt solicitor general