case Packington case easter term may SC ba ab pl though a person be tenant for  life without impeachment of waste yet this court will grant a injunction to  restrain he from cut down tree in line or avenue or tide in a park as they be  for ornament the reason why the commonlaw give so large a power to a tenant  for life without impeachment of waste be for the interest of the public as  timber may thereby circulate for ship and other use sir Herbert Packington  tenant for life without impeachment of waste of a estate at Westwood in  Worcestershire be out of the kingdom the plaintiff allege that the defendant  sir h Packington have cut down a great number of tree and have threaten to cut  down and destroy they all that sir h Packington agent have agree for the sale  of tree and that in consequence thereof some tree have be actual fall note it  do not appear from the allegation of the plaintiff in the present motion  whether the agent have admit this fact by his answer sir h Packington answer  be not come in Reg lib b fol his agent be make defend atkins er p ant to a  bill bring to stay waste by Mr Packington son of sir Herbert and first tenant  in tail and have put in a answer the motion now be for a injunction to stay  sir Herbert Packington agent from cut down tree in the park at Westwood which  be either a ornament or shelter to the mansion house atkins Lord chancellor it  may be for the interest of private family if the commonlaw have not give so  large a power to tenant for life without impeachment of waste vide pine v dor  durn east equal to a tenant in fee but the commonlaw think it for the interest  of the public as timber may thereby circulate for ship and other use but this  court have restrain their power great in comparison of what it be former the  first case come before Lord Cowper of vane versus Lord Bernard vern where the  defendant be restrain from pull down baby castle the court have go further and  have restrain such tenant for life from cut down timber either for ornament or  shelter of the house and far still in the case of Charlton versus Charlton in  extend it to the case of a park there be indeed a difference of opinion  between Lord chancellor king and the master of the roll but only in part for  Lord king continue the injunction as to tree for ornament or shelter but  dissolve it as to straggle tree it be very proper for the court to reserve  tree that be a shelter to the mansion house in the present case only three oak  send vide note above have be cut down and if there be no intention to commit  further waste it will be material but this appear to be but the beginning of  waste for sir Herbert Packington letter have be read in note the purport of  this letter do not appear in the register book in the place above cite while  he be abroad in which he say if his son will not join with he in cut off the  entail he will give order for cut down all the ornamental timber tree the  question be whether these be ground for a injunction to stay waste the first  objection be that these tree grow in a wood and have arise natural and by  accident and not from plant but I do not think this will hold because whether  tree grow natural or be plant if they serve as a ornament or shelter it amount  to the same thing and it be very probable the situation of the house be choose  for the sake of cut tide and vistas through the wood and I can mention two  atkins of this kind of my own acquaintance Hampstead a seat of Lord craven and  another in Essex I will restrain the defendant therefore from cut down tree in  line or avenue or tide in the park and likewise from cut down tree that be not  of a proper growth to be cut upon a suggestion that this may create dispute as  to what be of proper growth and that very little young timber grow in this  park his lordship leave out the last part of the order and as to the other  grant the injunction his lordship grant the injunction to restrain sir h  Packington his agent servant and workman from cut down timber tree grow in  Westwood park aforesaid which be for the shelter or ornament of the say  mansion house there and also any timber tree which be plant or grow in any  line avenue or tide for the ornament of the say park until the say sir h  Packington shall full answer the plaintiff bill Reg lib b fol vide Aston v  Aston Ves Piers v Piers ibidem Chamberlyne v Dummer bro Charles Rep bro  Charles Rep SC Strathmore v bow bro Charles Rep atkins er p