coke a the dean and chapter OF Worcester case Trin James in the king bench see  ecclesiastical commissioner v Wodehouse Ch the dean and chapter of W be seize  of the manor of h in fee in right of their church of which manor one g be a  copyholder for life of certain land whereof the ancient rend be S d Payable  quarterly and heriotable at the death of the tenant and the copyhold be  grantable by the custom for three life the dean and chapter by deed indent  demise the say land to the say c for the life of three and of the survivor of  they hold this lease can be avoid by stat Elizabeth c a occupant shall be  punish for waste for he have the estate of the lessee for life tenant by  statute merchant statute staple or elegits be out of the statute of Gloucester  against waste a estate grant by copy be in judgement of law a estate at will  and therefore land grant by copy be land accustomable let to farm within  Elizabeth c under the stat Elizabeth c it be sufficient if the accustom yearly  rend or more be reserve a heriot be not a annual thing and need not be reserve  in a lease make under the provision of Elizabeth cap it be sufficient if the  accustom rend be reserve yearly at one time the dean and chapter of Worcester  be seize of the manor of Hambleton in fee in right of their church of which  manor one Henry gardener be a copyholder for life of certain land whereof the  ancient rend be eight shilling and eight penny Payable at four day of the year  videlicet quarterly and heriotable at the death of the tenant the copyhold of  which manor be grantable by the custom of the manor for three life the dean  and chapter year Elizabeth by deed indent under their common seal deraised the  say land to the say Henry gardener and his assign for the life of John Richard  and Margaret gardener and the survivor of they and afterward the dean die the  successor and the chapter enter to avoid this lease and the question be  whether this lease be to be avoid by the statute of a cro James more   b Leon  say   a Doct pl roll Rep Cr car Cr Elizabeth   b roll Rep Jones Vaugh   b   a    light a a a a Goldsb   a b Brownl keb Bulstr a Elizabeth cap or not and it  be argue that this lease shall be avoid for four reason first that the say  lease be make for the b Cr James Cr car b life of other in which case it may  happen that there may be a occupant a in zouch v force east it be hold that  there can be no general occupancy of a copyhold because the freehold be always  in the lord and that the statute car c and Geo c appropriate estate per autre  vie where there be no special occupant do not extend to copyhold a who will  not be subject to waste no more than tenant by statutemerchant or tenant by c  f n b h Reg Orig a roll   light b Cr Elizabeth a c elegit c who come in by the  law without any demise vide Edward be Edward for although there be not any  express clause of restraint of lease without impeachment of waste as in the  statute Henry cap yet such lease be against the intent and equity of the say  statute of Elizabeth for as it appear by the preamble the statute be make  against unreasonable lease and it be unreasonable that a lessee coke report b  er p shall at his pleasure commit waste and destruction which be against the  commonwealth for interest reipublicce ne svan re quis male act  also it appear  by the preamble that the statute be make against decay of spiritual live and  therefore if dean and chapter make a lease for life the remainder for life the  remainder for life this lease be not warrant by the say Act because it be coke  b dispunishable of waste it be object that this land have not be d Cr James d  usual demise for a demise in this case be to be intend of a demise at  commonlaw and not a customary demise whereof the commonlaw do not take any  notice that the ancient rend be not reserve nor be the benefit which the  copyhold estate yield to the lord e roll Rep Cr James palm e reserve for the  heriot thereby be lose and it be not the intent of the Act that any prejudice  of any benefit which be of continuance as double of the rend every three or  four year or a heriot or other benefit at the death of every tenant shall be  lose the rend reserve be not f Cr James   light b   b Chan r f Payable as it  accustomable have be pay for now it be reserve to be pay every half year at  two feast where it be Payable at four feast of the year before and it be say  that it be more beneficial for they in reversion to have it Payable at four  day in the year than at two day and all beneficial incident to the rend be to  be reserve and to that purpose the Lord Mountjoys case be cite which you may  see in the five part of my report for by the same reason where the rend have  be reserve at two day it may now be reserve at one day which will be  prejudicial to they in reversion in hindrance of hospitality which the statute  as appear by the preamble intend to advance as to the first it be answer and  resolve that a dean and chapter c be restrain by the equity of the say Act to  make lease dispunishable of waste for the cause allege on the other side but  it be also resolve that a a more Bulst Bridgm Cr car Cr Elizabeth Brownl Vaugh  a occupant shall be punish for b Vaugh roll   light b b a Inst   a Plowd b b  waste because he have the estate of the lessee for life for the statute of  Gloucester cap give a action of waste against he who hold in any manner for  term of life or year and a occupant hold for term of life but tenant by  statutemerchant statutestaple or c f n b h roll Reg Orig a c elegits do not  bold for life or year and therefore they be out of the statute and therefore  lease for the life of other be within the say Act of d more Cr James   light b  d h cap concern lease make by tenant in tail as well as they be within this  Act of Elizabeth as to the second objection it be answer and resolve that the  say estate grant by e raym burr   a more Jones   light b Cr James degge e copy  be in judgement of the commonlaw a estate at will and without question land  which have be accustom to be demise at will by those who have the inheritance  of the land render rend be land accustomable let to farm within the say Act  and accord to this resolution be the opinion of the whole court of common plea  pasch James vide Heydons case in the three part of my report as to the three  objection it be answer and resolve that the say Act of Elizabeth do not avoid  the lease if the f   light b cro James f accustom yearly rend or more be coke  a reserve and forasmuch as the say heriot be not a annual thing nor a thing  depend on the rend it be sufficient if g   light b roll Rep lev degge Cr James  Cr car Bulstr keb g the yearly rend be reserve b a precentor make a lease for  year reserve the run of a colt in the land of the lessee and render rend the  lease expire his successor make a lease render the same rend but omit the run  of the colt adjudge good because it be a thing reserve out of the land of the  first lessee only which the successor can not reserve ensden v Dennis palm the  petty canon of saint Paul make a lease of land the former rend whereof be and  a couple of capon and now reserve only and take a covenant from the lessee to  pay yearly over and above the a couple of capon or S d and this be hold by  hale ch a sufficient reservation to bind the successor morris v Antrobus Hardr  b as to the four objection it be also answer coke report a er p and resolve  that it be sufficient if the accustom rend be reserve yearly at one time for  the word of this Act be whereupon the accustom yearly rend or more shall be  reserve and therefore if the rend be yearly reserve the statute be satisfy by  reason of this word yearly and so there be a difference between this case and  the Lord Mountjoys case for there want the word yearly which explain the  intention of the maker of the say Act of Elizabeth c Vid note c to Mountjoys  case ante   b c