coke Hugh and Crowthers case hill James in the common plea a lease for sixty  year if a and b so long live be determine by the death of either a or b but if  a lease be make for the life of a and b the freehold be not determine by the  death of one of they in a replevin between Robert Hugh plaintiff and Richard  crowther defendant which begin Trin James rot the case be that Charles fox be  seize of six acre of meadow in Bedston in the county of Salop in fee and  october Elizabeth lease the same to Charles Hibbens and Arthur Hibbens for  sixty year if the aforesaid Charles Hibbens and Arthur Hibbens shall so long  live and afterward Charles die and if the lease determine by his death be the  question and it be adjudge that by his death the lease be determine for the  life of a man be mere collateral unto the estate for year otherwise it be if a  lease be make to one for the life of I S and I n there the freehold do not  determine by the death of one of They for the reason and cause give in the  case of Brudnel in the five part of my report fol which case be affirm to be  good law by the whole court Heydon and smith case coke report er report date  coke heydon and smith case pasch James in the common plea see the Winkfield p  in trespass for cut down a tree the defendant justify under the lord of the  manor and the plaintiff reply a grant by copy of courtroll to he by lord of  the manor of a certain message and of the land in which c and then aver a  custom for every copyholder of the manor to cut the branch of pollengers c to  burn in the aforesaid message and further aver a custom for they to cut down  timber tree for the reparation of the house build upon the customary tenement  and then aver that the tree upon c be not sufficient for the use aforesaid and  that at the time of the cut down the tree his house be in decay and in want of  necessary repair resolve the first part of the custom that every copyholder  shall cut branch c to burn in the aforesaid message which must be in the  message of the plaintiff for no other message be mention before be absurd and  repugnant the plead that the house be in decay and want necessary repair c be  certain enough every copyholder may take upon his copyhold as incident to his  grant housebote hedgebote and ploughbote the lord can take all the timber tree  but must leave sufficient for necessary b Vid note f Tyrringhams case   a coke  report er p reparation the copyholder shall have a general action of trespass  against his lord quare enclosed space fregil tree leg of meat c and shall  recover for his special loss to wit the pannage and shadow of the tree but he  shall not recover the value of the tree SC Godb manor custom see law manerior  to roll Abr     roll Abr title custom e Leon cro car see Rep Q a Richard  Heydon bring a action of trespass against Michael smith and other of break of  his close call the more in Ugley in the county of Essex the that day of June  in the five year of the king et quandan tree svan ad valentian S ibidem  recently crescen iucciderunt the defendant say that the close be and at the  time of the trespass wag the freehold of sir John Leventhorp Knt c and that  the say oak be a timbertree of the growth of thirty year and more and justify  the cut down of the tree by his commandment the plaintiff reply and say that  the say close and a house and twentyeight acre of land in Ugley be copyhold  and parcel of the say manor of Ugley c of which manor Edward Leventhorp Esq  father of the say sir John Leventhorp be seize in fee and grant the say house  land and close to the say Richard Heydon and his heir by the rod at the will  of the lord accord to the custom of the say manor and that within the say  manor the re be such a custom quod who to hold customar the same manor Himself  ethredibus nest ad will domini c a toto tempore sum pradicto use to be e  onsuevil ad he it pleases a n to clean ram os omnimodar arborun call  pollengers or hushords super terris et tenem nest customa crescen pro the  Cross combustibili ad like it pleases suum opplicandetin predicto inessuagio  comburend and also to cut down and take at their pleasure all manner of tree  call pollengers or hushords and all other timber tree sum jusd Pei e they  custumariis nest crescen for threparation of their house build upon the say  land and customary tenement and also for ploughbote and cartbote and that all  tree call pollengers or hushords and all other tree at the time of the  trespass aforesaid or hitherto grow upon the aforesaid land and tenement  customary of the say RichardHeydon be not sufficient nor do serve for the  necessary use aforesaid and that the say Richard Heydon from the time of the  say grant make unto he have maintain and preserve all tree c grow upon the say  land and tenement to he grant and that after the death of the say Edward  Leventhorp the say manor descend to the say sir John Leventhorp and that at  the time of the trespass the aforesaid message of the say Richard Heydon be in  decay et to be needy necessary re parationibus in mareinio the same upon which  the defendant do demurrer in law and this case be oftentimes argue at the bar  and now this term it be argue at the bench by the justice and in this case  these point be resolve that the first part of the custom be absurd and  repugnant sure quod who to hold cusloinarii the same manor to have et to hold  once coke land seu tenement custom c use to be to cut around having many  branches oinnimodarum arborun v ocat pollengers c pro the Cross combustibili c  in predicto inessuagio comburend which ought to be in the message of the  plaintiff for no other message be mention before which be absurd and repugnant  that every customary tenant shall burn his fuel in the plaintiff house but  that branch of the custom do not extend unto this case for the last part of  the custom which concern the cut down of the tree concern the point in  question and so the lirst part of the custom be not material it be object that  the plead that the message of the plaintiff be in decay et eyebat relative  restoration in mareinio the same be too general for the plaintiff ought to  have show in particular in what the message be in decay as the book be in  Edward he who justify for housebote c ought to show that the house have cause  to be repair c to which it be answer by coke chief justice that the say book  prove the plead in the case at bar be certain enough sure quod messuagium prd  to be needy relative restoration in maremio without show the precise certainty  and therewith agree h and h coke report er p it be also answer and resolve  that in this case without question it needs not to allege more certainty for  here the copyholder accord to the custom do not take it but the lord of the  manor do cut down the tree and carry it away where the rest be not sufficient  and so prevent the copyholder of his benefit and therefore he need not to show  any decay at all but only for increase of the damage for the lord do the wrong  when he cut down the tree which shall serve for reparation when need shall be  it be resolve that of common right as a thing incident to the grant the  copyholder may take as housebote hedgebote and ploughbote upon his copyhold  because concession to make one to go away omma without who id to stand still  non to be able et when some to some degree to go away to go away to see et id  without quo res self be non to be able and therewith agree h waste but the  same may be restrain by custom sure that the copyholder shall not take it  unless by assignment of the lord or his bailiff c it be resolve that the lord  can take all the timbertrees but he ought to leave sufficient for the  reparation of the customary house and for ploughbote c for otherwise great  depopulation will follow see ruin of the house and decay of tillage and  husbandry a and it be to be understand that boat be a ancient Saxon word have  two signification the one compensati sin as frithbote which be as much as to  say to be discharge from give amends for the breach of the peace manbote to be  discharge of amends for the death of a man and second in the latter  signification sure for reparation as be bridgebote burghbote castlebote  parkbote c know reparation of a bridge of a borotgh of a castle of a park c  and it be to be know that boat and estovers be all one estovers be derive of  this French word estover I e to be favorable I e to keep warm to cherish to  sustain to defend and there be four kind of estovers sure ardend to plough  construend etclandenda sure firebote ploughbote housebote and bedgebote it be  resolve that the copyholder shall have a general action of trespass against  the lord quare enclosed space to break in pieces et tree coke svan c leg of  meat for custom have fix it to his estate against the lord and the copyholder  in this case have as groat a interest in the timber tree as he have in his  message which he hold by copy and if the lord break or destroy the house  without question the copyholder shall have a action of trespass against his  lord quare house to break in pieces and by the same reason for the timber tree  which be annex to the land and which he may take for the reparation of his  copyhold message and without which the message can stand Trin Elizabeth rot in  the king bench between Stebbing and Grosvenor the custom of the manor of  Netherball in the county of Suffolk be that every copyholder may lop the  pollengers upon his copyhold pro ling no combustibili c ad the lord of the  manor cut down the pollengers be upon the plaintiff copyhold upon which he  bring his action upon the case because that the lop of the tree in such case  do belong to the copyholder and they be take by the lord see tailor be case in  the four part of my report and and see Henry guardian in knightservice who  have custodiam terr shall have a action of trespass for cut down the tree  against the heir who have the inheritance vide Henry a copyholder bring a  action of trespass quare enclosed space to break in pieces et arbores leg of  meat and see Edward a servant who be command to carry good to such a place  shall have a action of trespass or appeal I Henry Henry Henry Henry if after  take the good the owner have his good again yet he shall have a general action  of trespass and upon the evidence the damage shall be mitigate so be the  better opinion in Henry that he who have a special property of the good at a  certain time shall have a general action of trespass against he who have the  general property and upon the evidence damage shall be mitigate but clear the  bailee or he who have a special property shall have a general action of  trespass against a stranger and shall recover all in damage a the lord of a  manor have no right to enter on a copyhold of inheritance and cut timber for  his own use leave sufficient boat and estovers if there be no custom in the  manor enable he WAilechurch v Holworthy m and S quod vide and the ref ib coke  report er p because that he be Chargeable over see Henry b send for b and it  be hold in Henry that tenant at sufferance shall have a action of trespass in  respect of the possession and if the defendant plead not guilty but he can  make title Henry trespass Henry the king who have the profit of the land by  outlawry shall have a action of trespass or take good damagefeasant h I Henry  trespass c tenant at will shall have a action of trespass Henry and two Henry  if a man bail good which be take out of his possession if the bailee recover  in trespass the same shall be a good bar to the bailee Henry in a writ of  waste bring against tenant for life and assign the waste in cut down of tree  the defendant plead in bar that the plaintiff himself cut they and Culpeper  the sergeant of the plaintiff object against it that it shall be no plea  because the defendant have not any thing in the freehold no more than a mere  stranger and if a stranger have cut down the sane tree he shall be Chargeable  in the waste also in this case we shall be at a mischief if we shall not  recover against he for if at another time he bring a action of trespass  against we he shall recover damage against we for the cut I e for the value of  the tree and yet it be be court that the same be a good bar and it be say by  the court plaintiff be not at any mischief in this case for inasmuch as the  coke all have advantage now to discharge himself of waste against the  plaintiff upon this matter he shall not be bar for ever of his action of  trespass sure to recover the value of the tree which be the mischief object by  Culpeper but without question he shall have a action of trespass quare  enclosed space to break in pieces for the entry of the lessor and for the cut  of the tree but he shall not recover the value of the tree because he be not  Chargeable over but for the special loss which he have sure for the loss of  the pawnage and of the shadow of the tree see Fitzherbert trespass ultimo in  the abridgement and afterward the same term judgement be give in the principal  case for the plaintiff