case the earl OF pembroke against Syms a grant a walk in a forest b his heir  confirm it and further grant another walk in the same forest proviso that the  grantee shall not cut down any tree super proegnlissa this be a good condition  and extend to both the grant though the soill be not grant and though  prcegnissa proper relate only to the thing videlicet the walk convey   light  more dalis Popb   wood cou trespass upon demurrer the case be the earl of  Pembroke be seize of the manor of StokeTrister whereto the lieuteriantship of  the forest of Fromesetwood appertain and show croak Elizabeth that within the  say forest be two walk the one call Staverdalewalk the other call  Brewcombewalk and prescrihes that the lieutenant of the say forest for the  time be have use always from time c to grant those walk in fee or fee tail c  and that William earl of Pembroke his father be seize d in fee of the say  manor and lieutenancy c and grant that walk call Brewcombewalk to sir Maurice  Berkeley in tail and die and that the now earl of Pembroke confirm that grant  and further grant unto he the custody of Staverdalewaik in tail proviso c that  he shall not cut down any tree superprcegnissa and because he have cut down  tree grow in Brewcombewalk he enter and the defendant as servant to sir h  Berkeley the son of sir Maurice Berkeley reenter whereupon the action be bring  upon this matter disclose by the replication it be demurrer in law first  because the condition that he shall not cut down tree super prcegnissa be void  for there be nothing grant but the walk and tree can be super r gnissa P which  refer only to the thing grant and therefore it be impossible and void for a  condition be to he take strict accord to the word and not by intendment and  therefore it be not good as where one grant rend issue out of the manor of d  upon condition that he shall not cut down tree super prcemissa so a grant of a  warren with such a condition be a void condition for the impossibility and of  that opinion be gawdy second admit it shall he take to extend to the tree grow  within the walk yet it shall not he intend b that this word prcemissa to  extend to Brewcombewalk which be only confirm but to Staverdalewalk sole which  be thereby grant croak Elizabeth er p but they all resolve for the last point  that this word prCenzissa extend as well to that which be confirm as to that  which be grant for that extend in this sense to prcementionata and to avoid  his entire grant and as to the first all the justice except gawdy hold that  here super prcemissa shall not he intend of the office of the walk itself for  that will he insensible and impossible and therefore it shall he construe as  reasonable it may he to the tree grow within the walk and although prcemissa  have proper relation to the thing itself which be grant yet when it can have  such construction it shall he as it may well stand with reason and he who have  the custody of the walk have quasi the custody of the soil itself and of the  thing grow thereupon videlicet the herbage and pannage for the deer which be  the reason that if the keeper of a park cut down the tree it be a forfeiture  of his office for it be a hurt to the game and therefore this condition be  necessary and reasonable and they deny the case of the grant of a rend and the  custody of a park for if such a condition be annex it be good wherefore it be  adjudge for the plaintiff vide