Bulstrode smith plaintiff against bowl defendant enter Termin Hillar James b r  rot ejection strong in a action of trespass and ejectment upon non culp plead  the jury find a special verdict upon which the case appear to be this a  prebend make a lease for year of land parcel of his prebendary with a  exception of the great wood as oak ash and crabtree which lease be confirm by  the archbishop patron but not by the dean and chapter whether this lease shall  be good to bind the successor or not which be the first question a second  question which be the chief and main point in the first lease there be a  exception of all the great wood as oak ash crabtree the second lease be the  lease now in question be without the say exception be before usual demise with  the exception whether this lease be good or not upon the statute of Elizabeth  cap it be urge and so agree by all that this confirmation by the archbishop  patron without the dean and chapter be good and shall bind the successor and  for this be cite h brook case fol plea Plowdens commentary pars fol in hare  Bickleys case Elizabeth dyer fol it be urge that a prebend be within the  statute of lease which be make h cap and for this be remember Edward brook  case fol plea brook title lease plea and the lease of a prebend shall bind his  successor but the second and chief point be upon the exception in the first  lease grand boy as oak ash and crabtree be except but not so in the second  lease whether the want of this exception shall make the lease void by the  statute of Elizabeth cap the same be before usual demise with the same  exception it be urge that this omission of the exception in this second lease  shall not make the same lease void within the statute it have be object that  by this exception the son shall be except if so this may be dangerous but by  this exception the son be not except but the head only of the tree be except  and therefore this omission of this exception in the subsequent lease shall  not overthrow the same and for this h brook case be cite fol l plea brook  title reservation plea that by the exception of boy and subboys by three  against two the son be except this be doubt in h fol h dyer fol e dyer fol  coke pars fol l a in Ives case the former doubt resolve that by this exception  the son it self be except but here as it be urge there be other word in e fol  except grand boy by the better opinion there the tree but not the son except  it be urge further that in this case there be a full explanation that he  intend great wood to be except but not the son herbage nor the underwood so  that here he do not intend to except the acre of land but the tree only grow  thereon as to the chief question in this case whether the omission of this  exception in this second lease shall overthrow the same which be a new  question as it be Bulstrode urge upon the statute of Elizabeth the intention  of which statute as it be to preserve the possession of the church so the same  be likewise to uphold poor tenant lease this case as it be urge be out of the  preamble and mischief of the law it be out of the letter and body of the law  and therefore to be adjudge out of the statute the preamble of the statute  make mention of long lease the cause of dilapidation and decay of hospitality  and which tend to the impoverish of the successor this to be but for three  life this not unreasonable nothing be here in this lease omit but this  exception be in the former lease this belong to the tenant of common right and  reason will that he shall have his boot and therefore the omission of this  exception shall not make this to be a unreasonable lease and so void by the  statute it be further urge for the uphold of this lease that this can not be  any Bulstrode er p cause of dilapidation but a mean to uphold the house also  if this exception have be in the lease yet the successor can not have meddle  with the tree so that he be no way impoverish by the omission of this  exception for if he cut down the tree a prohibition lie so that this case be  clear out of the preamble of the statute as it be urge as to the body of the  Act the usual rend to be reserve it have be object not to demise more than in  usual lease and for this a case cite out of the Lord Mountjoys case coke pars  where a acre of waste ground be add to the new lease and so not warrant it  have be so in this case as it be agree if the son by this exception have be  reserve but it be not so here the tree be only except the rend be reserve out  of the son and the lessor do not here suspend his rend by cut of a tree down  upon the land for the rend be out of the land Q Elizabeth dyer fol a lease for  year make of the greyhound in fleet street with diverse implement render rend  the rend there shall not be apportion the rend there go out of the land and so  be h dyer f a lease make of land and of sheep render rend the rend be out of  the land and h fol l it be then object that here something do pass from the  successor which be not before grant but it be urge that here the same rend be  reserve if a prebend grant common of estovers and afterward make a lease  discharge of estovers this shall not overthrow the lease as it be urge coke  pars fol in the dean and chapter of Worcesters case if in a late lease there  be no reservation of a heriot as be in the former lease resolve that this  omission of the heriot shall not make this lease void the usual rend be  reserve but if there be any word in the statute to take hold of this yet as it  be urge this be not within the meaning of the statute if a prebend de lease a  park except the deer this lease end he make a lease of the park without except  of the deer this shall not avoid the lease as it be urge out of Richard  Lifords case coke pars fol and so without any further debate at this time this  case be adjourn over for further argument afterward S term mich James b r this  case be move again and upon move of the same without any further argument make  herein the judge be all of they full agree herein do resolve and overrule this  as a very clear case against the defendant who claim under this lease without  the exception that the same be no good lease warrantable by the statute of  Elizabeth cap but a void lease by the same statute and so by the rule of the  court judgement be give for the plaintiff against this lease