clviii cage and PAXLINS case Daniel cage bring a action of trespass against  Thomas Paxlin for trespass do in a close of wood call the FrithClose and in  the park and for take of certain load of wood the defendant plead that the  earl of Oxford be seize of the manor of W of which the place where c be parcel  and lease the same to I S for year except all wood great tree timbertrees and  under Leonard wood c and covenant with the lessee and his assign that he may  take hedgboot and fireboot super dictam premissa and show further that the say  I S assign his interest unto the defendant and that he come to the say close  call the FrithClose and cut the wood there for fireboot as it be lawful for he  to do c and note that after the lease aforesaid the say earl have assure the  inheritance thereof to cage the plaintiff and it be argue by Godfrey that the  lessee can take fireboot in the say close for the wood c be except and be  never demise dud by the exception of the wood the soil thereof be except see e  a Leonard er p lease for life certain land reserve the great wood by that the  soil also be reserve way h Br reservation h and by the word of the covenant  the intent of the lessor appear that the lessee shall have his fireboot out of  the residue of the land demise for to send forward here be equivalent with  praedimissa and be cite the case move by mountain Cheif justice e in Plowden  in the case betwixt dive and manningham a leas unto b a manor for year except  a close parcel of it render a rend and the lessee be bind to perform all grant  covenant and agreement he who disregards to press out or read aloud in the  indenture if the lessee disturb the lessor upon his occupation of close except  he have forfeit his obligation c but our case be not like to that and if I let  the manor of d for year except greenmeadow and afterward I covenant that the  lessee shall enjoy the premise the same do not extend to greenadow snagg  sergeant to the contrary and by he to send forward be not restrain to  praedimissa but to all the premise put in the former part of the indenture of  demise therefore the less shall have fireboot in the one and the other and he  put a difference betwixt all wood except and all wood grow except for in the  one case the soil passes in the other not and as to the case cite before in  Plowden that be true for exception be a agreement and he say that by that  exception the soil it self be except and these wood which be name by name of  wood contrary where a close contain part in wood and part in pasture and by  the exception of timbertrees and under wood all the other wood be except but  not the soil as if a man grant all his land in d land meadow pasture and wood  thereby passes by exception of this close of wood the soil also be except and  he conceive that although all the wood be except yet by the covenant a  interest passes to the lessee so as he may take fireboot without be put to his  action of covenant as h a leas unto b for life and covenant in the indenture  of lease that he shall be dispunished of waste although the same be pen by way  of covenant yet it be a good matter of bar be all by one deed and afterward  judgement be give for the plaintiff as to that close of wood call Frithclose  but as to the park for the defendant for that Frithclose be all except sure  the wood and the soil and these word above to send forward shall be intend  such thing which be demise and no other and by this covenant the lessee have  power to take the wood upon the other land although that the wood be except  for the soil be demise and he shall not be punish in trespass and put to his  remedy by action of covenant against the lessor and by Wray there be not any  colour against the plaintiff for the Frithclose if not that the defendant have  aver that there be not any wood upon the other land not except but demise and  this word to send forward do not extend by construction to this mention before  be except but only to the thing demise cro Len Len post roll cro post select  case hob die h more roll die hob cro bridge Leonard trin Elizabeth in the king  bench