a customary tenant open a copper I in his land and dig and sell over and die  and his heir continue dig and dispose of great quantity out of the I the Lord  bring a bill against the executor and heir for a account of the over allege  that these customary tenant be as copyhold tenant and that the freehold be in  the Lord as owner of the soil and that the manner of pass the premise be by  surrender into the hand of the Lord to the use of the surrendee and Cowper c  hold clear that the executor equity case abridge be liable hill bishop of  Winchester and knight will Rep his lordship distinguish between this which be  a take away the lord property and those trespass which die with the person as  that of break up meadow or ancient pasture ground but say as to the property  of Oar or timber it will be clear even at law if it come to the executor hand  that trover will lie for it and if it have be dispose of in the testator  lifetime the executor if asset be leave ought to answer for it but that it be  strong in the principal case by reason that the tenant be a sort of fiduciary  to the Lord and it be a breach of the trust which the law repose in the tenant  for he to take away the property of the Lord as to the evidence that the  tenant may do one sort of waste as to cut down and dispose of the timber his  lordship say that may be by special grant but that it be no evidence that the  tenant have a power to commit any other sort of waste videlicet waste of a  different species as that of dispose of mineral but that a custom empower the  tenant to dispose of one sort of mineral as coal may be a evidence of their  right to dispose of another sort of mineral as lead out of a I but this  question be doubtful his lordship order the Lord to bring trover as to the Oar  dig and dispose of by the present tenant but there never have be any copper I  before discover in the manor the jury can not find that the customary tenant  may by custom dig and open new copper i so that upon produce the postea the  court hold that neither the equity case abridge er p tenant without the  licence of the Lord nor the Lord without the consent of tenant can dig in  these i be new i ibidem