Ashmead and ranger whether a lord of a manor can enter upon his copyholder in  fee and cut down timber not leave sufficient estovers salk S c this be a  action of trespass bring by a copyholder in fee against the lord of the  copyhold for enter his copyhold and cut down timber though it be the lord own  timber and no custom for the tenant to c it down any timber Northey for the  defendant if the tenant can cut down timber nor the lord enter to cut down the  timber it must rot for it can be cut down by any other there have be many  learned man of opinion that the lord may cut down timber and may enter for so  do in case of a copyholder in fee else the timber must for ever be useless  holt chief justice the lord of a manor can enter on his tenant though a  copyholder for life only and cut down timber without the tenant consent  because he have a special property in the tree as well as in the land he be as  much a copyholder of the tree as he be a copyholder of the land fortescue at  another day pasch W Northey for the defendant the question be whether the lord  of a manor of common right can enter and cut down timber off his own copyhold  estate otherwise the timber must rot for the timber be the lord and the tenant  can out down any beside the action shall not be trespass but a action of the  case Godbolt more r cro earl for the plaintiff a copyholder though he be  tenant at will only yet be not bare so for the lord can determine the tenant  estate at his pleasure for if it be so the lord entry to out down a tree will  be a determination of the estate and so will the death of the lord be a  determination of the tenant estate and sure a copyholder in fee or for life  may maintain a action of trespass against the lord or any other person h our  prescription be to cut down timber for repair the house of the copyholder and  we say we cut down no more than what be sufficient for that purpose and a  custom for a copyholder in fee to cut down timber and to sell it have be hold  to be a good custom r side and copyholder may open a I perhaps aliter of  copyholder for life holt chief justice tenant at sufferance can bring trespass  against he that have the right though against a stranger he may sand Noy    Brownlow Yelv Northey for the defendant the timber be the lord and the tenant  have no manner of right to it as to open a I a tenant for life of a copyhold  can do it though perhaps he may dig if it be open copyholder in lee have no  more privilege than copyholder for life without a custom and the right to the  timber be the lords but he have no right if he have no remedy I e if he can  maintain no action of trespass for otherwise he can never come at his right  fortescue and the lord of the manor can cut down timber without any custom  chief justice holt that case of Rutland be only in the case of a parson and  they hold that no body else may my Lord coke say express and be of opinion  that if the lord cut down all the tree so as not to leave enough for estovers  the tenant may have a action of trespass be not the tenant as much a  copyholder of the tree as he be of the land for the tree be not except cro who  shall have the acorn of oak shall not the tenant have they he be to have all  the profit it be urge that a copyholder can take wood for boat but that be not  so suppose a bird build a nest in a tree shall not the copyholder have it yes  he shall justice gold if I have estovers in another land and he cut down all  the wood I shall have a action of the case but if I have the wood and another  the land then trespass will lie as this case be and as the plead be the tenant  have lose all his tree for this plead that there be not tree enough leave to  have sufficient for repair and houseboat chief justice holt the tenant may  maintain a action of trespass against the fortescue er p lord by reason of his  possession and the tenant have no liberty to cut timber but for estovers and  if the lord cut so much as not to leave sufficient for estovers there he shall  recover damage for all the tree in trespass but if he have enough leave he  shall recover accord to his possessory interest but this be a case where  sufficient estovers be not leave as to the question whether the lord can cut  down tree though be do leave sufficient for estovers when that be the case I  shall give my opinion but in this case the plaintiff must have his judgement  for here it appear there be not sufficient estovers leave fortescue de term  pasch annae queen in the king bench