coke b sir Francis barrington case pasch James in the common plea see Nicholls  v Mitford Ch d western county railway company v Windsor and Annapolis railway  company App Cas resolve by a grant to one and his heir of all wood underwood c  then grow and of all timber tree wood c which thereafter shall grow in a  certain part of the forest of h except the land and soil of the same wood with  liberty to enclose they for the preservation of the spring of wood c as by the  law and statute of the realm be appoint c without any interruption by the  grantor c the grantee have a inheritance in fee as a profit apprender in  another solon and the soil remain to the grantor the stat e c which under  certain circumstance authorize the proprietor of ground in forest after a fall  to en close they without the king licence for seven year to preserve the  spring wood extend to the say grantee but do not extend to the wood of any  subject in which another have a right of common the commoner as appear by the  preamble be not any of the party between who the Act be make and therefore  their right be not take away by it if the Act have extend to wood in which  other have a right of common yet the wood can not be so enclose as to exclude  the commoner the stat h c which enact that it shall not be lawful to any  person which have or shall have any wood wherein any ought to have any common  c to fall and cut down the same wood except it be to his own use and  occupation until such time as the four part of the say ground or soil c be  divide c fence and enclose c restrain the owner of the wood from fall his own  wood on a penalty but do not exclude the commoner of his common the word in  the Act except it be to his own proper use or occupation exempt the owner from  the penalty and be to be intend of his necessary use as to repair his house or  to burn in his house c the act e and h be coke report a er p general act SC  Brownl godb affirm a error per lot cur king b roll Rep between Richard chalk  plaintiff in replevin and William Peter and Nicholas white defendant which  begin hill James rot on a long and impertinent plead the case be such sir  Robert rich Lord rich be seize of the forest or chase of Hatfield whereof the  place where c be parcel in fee and by his deed indent hear date Jan Elizabeth  for good consideration grant to sir Thomas Barrington Knt and his heir all men  boscos arbores tam shades of dead subboscos et thornbush how alian genera  whoever adtunc crescent stant et existent simul cum omnibus tree peremptory or  urgent call timber tree kind of water fowl subboscis et thornbush whoever  queen ad some time extunc imposterum a that there may be a grant or  reservation as well of tree thereafter to grow on the soil as of the tree then  grow vide Stanley v white east a to bore crescent stant renovant sive existent  in et sum per strike against birth foresi prd in common peremptory or urgent  call Bushend quarter et quarterium peremptory or urgent call Takeley quarter  except the land and soil of the same wood with liberty to enclose they and to  hold They enclose for the preservation of the spring of wood which shall be  for such time as by the law and statute of the realm be appoint and enact and  not otherwise without molestatione seu interruption of the say Lord rich his  heir or assign and to exclude the deer and all other cattle out of the wood so  enclose and to have the herbage and feed thereof as any owner of the wood may  do by the law and statute of this realm coke a without interruption of the say  Lord rich his heir or assign and that the plaintiff be seize of a house and  six acre of land in Hatfield in fee to which he have common appurtenant for  all cattle levant and couchant c in and through the whole forest or chase of  Hatfield which grant make by the Lord rich be in performance of a award make  between the say Lord rich and sir Thomas Barrington by the Lord Burghley Lord  treasurer of England Thomas earl of Sussex sir William Cordel master of the  roll and sir Gilbert Gerrard attorneygeneral which arbitrament and grant be  confirm and establish by a brown godb a Act of parliament year Elizabeth with  a Jones save to all stranger c and that the say sir Thomas Barrington die  after who decease the say wood descend to sir Francis Barrington as to his son  and heir who Feb I James fall the wood in the place in which c and take it to  his own use and mark follow enclose it for the preservation of the spring and  so have maintain it accord to the law and statute of this realm and the party  demurrer in law and if the plaintiff be bar of his common or not be the  question and in this case the defendant plead the say arbitrament and the say  Act of parliament at large but to no purpose for without question neither the  arbitrament nor the Act in respect of the save can bar the plaintiff of his  common but all the doubt of the case arise upon two act of parliament not  plead know the Act of b brown godb Inst roll Rep Jones b Edward c and the Act  of Henry c and first it be object that the say Act of Edward have bar the  plaintiff of his common for by the say Act it be enact that if any of the king  subject have wood grow in his own ground within any forest chase or purlieu c  cause the same wood or any part thereof to be fall by licence of the king or  his heir in his forest chase or purlieu or without licence in the forest chase  or purlieu or of any other person or make sale of the same wood be it lawful  for the say subject possessor of the same ground whereupon the wood grow and  to other person to who such wood shall be sell immediate after the wood so  fall to coppice and enclose the same ground with sufficient hedge able to keep  out all manner of beast and cattle out of the same ground for the preservation  of their young spring and the same hedge so make the say subject may keep  continual by the space of seven year next after the same enclose and there be  no save in the Act for the commoner and therefore as it be urge they shall be  exclude of their common during the seven year for every coke report b er p one  be party and privy to a Act of parliament and the right and interest of those  which be not save by the Act of parliament be bind and the maker of the Act  have great regard to the preservation of the spring of wood for the  commonwealth coke b in maintenance of timber and wood than to common in the  wood of subject within forest or chase after a reasonable time till the spring  be of such growth that beast or cattle can hurt or hinder it and these word to  enclose the same land with sufficient hedge able to exclude all manner of  beast or cattle out of the same ground be strong urge to prove the intent of  the maker of the Act to exclude not only the beast of the forest or chase but  also cattle of commoner for beast of the forest be not call cattle and the  word be able to exclude all manner of beast and cattle out of the same ground  which general word extend to beast and cattle of the commoner to which it be  answer by the plaintiff counsel I that the say Act of Edward do not extend to  this case because the statute extend only to those who be owner of the ground  for the word of the Act in diverse part thereof be grow on their proper ground  and in this case sir Francis Barrington have but a profit apprender in another  ground for the ground remain to the Lord Richard it be answer that the stat a  h c brown godb a Henry cap which be in the negative that it shall not be  lawful to any person which have or shall have any wood wherein any ought to  have any common c to fall and cut down the same wood except it be to his own  use and occupation until such time as the four part of the say ground or soil  c be divide c fence and enclose c et b   a b b Jones   b Cr James   Brownl  godb roll Rep Stanf prer b hawk Max Inst b law m earlier times opposite  direction abrogate to which it be answer by the defendant counsel that sir  Francis be out of this prohibition and within the exception of this branch for  he have take the say wood to his own use and he who take wood wherein other  have common be out of the prohibition of this Act and now this term the case  be argue at the bench by the judge and in this case these point be resolve  that sir Francis Barrington have a c brown   b roll Rep vin ab grant p Com dig  estate a c inheritance as profit apprender in another solon and that the soil  remain to the Lord Richard that the stat of Edward shall extend to sir f  Barrington notwithstanding he have not the soil for the word be that it be  lawful for the say subject possessor of the same soil or to other person to  who such wood shall be sell and the say grant for the consideration in the say  award mention to sir Thomas Barrington and his heir be a perpetual sale to he  within the word and intention of the Act the say Act do not extend to the wood  of a subject in which any other have common but only to a several wood for by  the commonlaw he who have a wood in which another have common can enclose it  to exclude coke a the commoner of his common be it in forest or chase or out  of forest and chase but he who have a several wood in a forest may after the  fall enclose it for three year little ditch a Brownl godb Com dig chase n  manwood a et bassa haia secundum assisam forest as appear by the ad quod  damnum in the register then it appear by the preamble of the say Act that it  extend only to a several wood for it recite that where subject have fall their  wood c they can not heretofore enclose their ground to preserve the sprout  long than three year which prove what the commonlaw be before in such case but  without question that extend only to a several wood for none can enclose a  wood wherein another have common for a day c but now this statute have enlarge  the time to seven year and have also raise the hedge for where he may before  enclose it little ditch b brown l ray b et bassa haia he may now make great et  southsouthwest wind haian sufficient to exclude all manner of beast and cattle  it appear by the preamble between what person and for and against what person  this Act be make and the party to this coke report b er p great contract by  Act of parliament be the subject have wood c within forest chase or purlieu of  one part and the king and other owner of forest chase and purlieu of the other  part so that the commoner be not any of the party between who this Act be make  and therefore the case well argue in Henry a b inter the prior of c brown godb  Jones vin ab stat d pl c castleacre and the dean of saint Stephens and leave  at large in the print report be afterward adjudge as appear by the record  thereof which beoran pasch Henry rot that the Act of h c Henry be make between  the king and prior alien by which the priory alien be give to the king do not  extinguish the annuity of the prior of castleacre which he have out of a  rectory parcel of a priory alien although there be not any save in the Act and  mich and Elizabeth d brown godb more Cr Elizabeth Anders d boswel case in  curian Wardorum where it be resolve that when a Act make any conveyance good  against the king or any other person or person in certain it shall not take  away the right of any other although there be not any save in the Act b it  have always be hold that a private Act do not bind stranger and that before  the general practice of insert a save clause in every private Act be adopt in  Lucy v Livingston vent Lord hale say every m a be so far party to a private  Act of parliament as not to gainsay it but not so as to give up his interest  it be the great question in barrington case   the matter of the Act there  direct it to he between the forester and the proprietor of the soil and  therefore it shall not extend to the commoner to take away the common suppose  a Act say whereas there be a controversy concern land between a and b it be  enact that a shall enjoy it this do not bind other though there be no save  because it be only intend to end the difference between two in westli v  Kiernan Amb it be hold that a private Act will bar a estate tail and all  remainder expectant thereon and also the reversion although the right of the  remainder man be not except in the save clause but where a tenant for life  enter into a agreement to convey the feesimple and a private Act be pass for  establish such agreement in which be a save of the right of all person not  party to the Act it will not affect the person entitle to the remainder  expectant on the life estate provost of Eton v bishop of Winchester will and  Vid Cru dig Vol v p et seq d ed b if the Act have extend to wood in which  other have common yet the conclusion restrain the generality of the precedent  word for the statute do not give a absolute and indefinite power to the owner  of wood to enclose c but to enclose the ground to keep it enclose and to  repair it without a brown a sue the king licence or other person or their  officer of the same forest chase or purlieu so that this conclusion limit the  precedent word only against the king and other owner of forest chase and  purlieu but no word in the whole Act give authority to they to enclose against  any commoner and where it be say that this word cattle can be apply coke b to  beast of the forest it be answer that they may fit and proper be call beast  and cattle of the forest and so it be say in e preamble of this very Act beast  and cattle of the forest and it be to be know that there be five manner of  beast of the forest know heart hind hare wile boar and wolf b   light a Com  dig chase a f b and five manner of beast of chase know back do fox martin and  roe and beast and fowl of warren be bare cony pheasant and partridge c   light  a name a roe to be a beast of warren and bird country deity as quail rail c  sylvestres as woodcock c and aquatic animals as mallard herile c be name fowl  of warren c vide king e e h libre Intr trespass in hunt h b c brown resolution  c holinshed chronicle num it be resolve that the say coke report a er p clause  of the Act of Henry in the negative restrain only the owner of the wood from  fall his own wood on a penalty which without question do not exclude the  commoner of his common and the say word d hard d except it be to his own use  or occupation serve to exclude the owner out of this penalty and be to be  intend of his own proper necessary use as to repair his house or to burn in  his house c then there be another clause which prohibit the commoner that  after the say fall that be to say after the division and fall for the division  of the four part ought to precede the fall in any such part I e in the four  part so divide no beast or cattle during the seven year shall be suffer to  feed there upon penalty c and the lord be exclude to feed with his cattle in  the three part during the seven year and after the seven year until a new fall  accord to the Act the commoner shall have his common again and it be to be  observe that by the statute of e the owner of the wood ought first to fall the  wood and after enclose and by the statute of Henry he ought first to enclose  and after within four month fall the wood it be resolve that the statute of  Westminster west c Inst de malefactor in to act sparingly paper de forest a  Brownl godb   a a roll   a Doct plan Yelv hob hale commonlaw vin ab stat c Com  dig parliament r Bac ab stat f a and these act of Edward and Henry be general  law concern all person whereof the court ex duty ought to take notice and  eastern rather because this Act of Edward concern the king