coke case OF forest pasch James king see earl Beauchamp v win lr hl if certain  land be forest it will appear by matter of record but their be so name in  grant office and conveyance be not any proof of their be forest in law in free  chase he who have any freehold within they may cut his timber and wood grow  upon it without any view or licence but if he leave not sufficient for covert  he shall be punish at the suit of the king so if a common person have chase in  another soil the owner of the soil can destroy all the covert the owner of the  soil within a free chase may by prescription have common for his sheep and  warren for his cony but he can surcharge nor make burrow in other place  cureless he have warren by grant but a new warren can be erect without charter  he that have such a warren may build upon his inheritance within it a  convenient lodge for preservation of game a man may prescribe to cut his wood  upon his own inheritance within a forest although it be against the Act Edward  per Popham CJ SC Cro James in this same term it be inform to the king that  great wrong be do in his forest of Leicester in the county of Leicester and in  his forest of Bowland in the county of Warwick c parcel of his duchy of  Lancaster and upon this by warrant of the king under his signet all the  justice be assemble to resolve certain question to be move concern the forest  by the attorney of the duchy and the counsel of the other part which be forest  and which be chase the which be matter in fact the judge can not give their  resolution but by way of direction and it be resolve by they that if these be  forest it will appear by matter of record as by eyers of justice of forest  swannymotes officer of forest as regardors agisters verderors c but the  appellation of it by the name of a forest in grant office and conveyance be  not any proof that this be a forest in law it be resolve by all the justice  that if these be not other than free chase and no forest in law then he who  have any freehold within they may cut his timber and wood grow upon it without  any view or licence of any but if he cut so much that there be not sufficient  for covert and to maintain the game of the king he shall be punish at the suit  of the king and so if a common person have chase in another soil the owner of  the soil can destroy all the covert but ought to leave sufficient covert and  sufficient brousewood as have be accustom it be resolve that within such a  chase the owner of the soil by prescription may have common for his sheep and  warren for his cony by grant or prescription a but he can surcharge with more  than have be use time from which c nor a Vid roll ab prescript g pl vin ab  prescript g pl where it be say a man can prescribe to have a chase or warren  in any land but in his demesne or in land within his fee and signiory and cite  h b Vid contrathe authority cite in the note to vin ab warren e pl coke report  er p make burrow in other place than have be use from the time of which c  unless he have warren by grant and then he may use it accord to his grant but  he can erect a new warren without charter it be resolve that he who have such  a warren may lawful build upon his inheritance within his warren a convenient  lodge for preservation of his game it be say by Popham chief justice that it  be adjudge in the time of the chief baron Brett in the exchequer that a man  may prescribe to cut his wood upon his own inheritance within a forest b  although it be against the Act in the Edward which be in the abridgment title  coke forest and this be the case of Sellinger for cut wood in the forest of  hay in the county of Hereford and their reason be for that this be but a  declaration of the commonlaw and it may be toll by custom as Littleton say  vide Edward title trespass fol in the time of Edward trespass Plowd Com dyer  Edward cap that the subject may have a forest but this be intend if he have  power to have swannymotes and justice in eire and forester appendant to the  forest c Consueludo ex rational causan usitala private common feature law and  it be hold by some that this be but a ordinance and not any Act of parliament  Q