bishop of Winchester v Wolgar die Jupiter June boundary the number three year  royal power car Bea quint Richard bishop Winton Quer William Wolgar a anvil n  injunction to restrain the lessee for year of the temperality of a bishop  under a lease confirm by the dean and chapter and without impeachment of waste  from fall timber for as much as this court be this present day inform by Mr  brown be of the plaintiff counsel that the plaintiff be seize in his demesne  as of fee in the right of his church of and in the manner of Havant in the  county of Southampton whereof the defendant claim a estate without impeachment  of waste under a demise make unto sir Richard cotton knight in the time of  king Edward the six without any consideration appear in the lease except the  rend reserve by reason whereof the defendant be assignee of the say tenement  do commit great waste and spoil and threaten to cut down the wood and timber  tree grow upon the say manor wherewith it be replenish from the do whereof the  several swanston er p lessors of the say manor have be restrain by a order  make by his majesty privycouncil regard be have of the common weal and the  commodiousness of the say timber for the maintenance of the ship in  consideration whereof and for that the say waste if the Lord bishop himself  shall commit any excessive waste or spoil of wood the same ought to be  prohibit and restrain by the law it be thereupon order that the defendant be  enjoin from fall any more tree untithe can give good satisfaction to the court  for do thereof and a injunction to that purpose be award against he and his  workman inhabit the same Reg lib a fol d November car whereas by a order of  the that of June last for the reason therein set forth it be order that the  defendant shall be enjoin from fall any more tree until he can give good  satisfaction to this court for the do thereof and a injunction be to that  purpose award against he and his workman inhibit the same upon open of the  matter this present day unto this court by Mr sergeant Branston be of the  defendant counsel and upon read of the say order as also of a letter from the  lord of the Council direct to the high sheriff of the county of Southampton it  be allege that the lease by and under which the defendant claim be make in the  time of king Edward the six and confirm by the dean and chapter and be  dispunishable of waste and the defendant claim as a purchaser for great and  valuable consideration it be therefore think fit and so order by this court  that if Mr brown be of counsel with the plaintiff and who move the former  order have notice thereof shall not on Saturday next show to this court good  cause to the contrary then his lordship do dissolve the say injunction without  further motion Reg lib a fol that Dec car upon open of the matter this present  day unto the right honourable the Lord keeper by Mr sergeant davenport be of  the plaintiff counsel and upon the show forth of a order of the d of November  last by which the plaintiff be to show cause on Saturday then next follow or  else the injunction shall be dissolve and of other order whereby further time  be give to t be plaintiff to show his cause it be move in regard as be allege  the say defendant have already fall one hundred and fifty of the timber tree  and the matter be very difficult upon point of law whether the defendant upon  the clause in the lease without impeachment of waste may cut down tree and  make spoil at his pleasure in this case it be order that the two Lord chief  justice shall be attend who be entreat together with Mr justice Hutton and Mr  justice whitelocke to take the matter into their consideration and certify  their opinion what they think fit to be do in such case and then his lordship  will give further order and in the mean time the aforesaid injunction be to  continue and stand in force Reg lib a fol that June upon open of the matter  this present day unto this court by Mr Brampston be of the defendant counsel  and upon read of a former order of the that of December last and show forth of  a affidavit by which it appear that the house belong to the manor in question  be most of they down and that part which be stand be much decay and no  habitable and unless a speedy course be take for the reparation they will all  fall down and therefore it be pray that the defendant may be at liberty to  fall and cut down such timber tree as will necessary serve to repair and build  up the say house and for necessary boot now this court in the presence of Mr  mason be of the plaintiff counsel do order accord unless the plaintiff shall  upon Saturday next show unto this court good cause to the contrary Reg lib a  fol that June the order after recite the last proceed thus upon motion this  present day make by Mr mason be of the plaintiff counsel it be order that the  say defendant shall fall and cut down such timber only for his boot and  reparation as shall be assign he by the plaintiff officer or officer and not  otherwise which if the defendant shall otherwise do then the say defendant  shall be deem to have break the injunction of this court Reg lib a fol die  March Dec boundary Michis year royal power car walterus bishop Winton Quer  Willius Wolgar et a anvil Def whereas by a order of the that of June a caroli  king make in a suit then depend in this court between the right reverend  father in God Richard then swanston er p the bishop of Winton plaintiff and  the say Wolgar defendant upon the information of the say then plaintiff  counsel that he the say plaintiff be seize in fee in the right of his church  of and in the manor of Havant in the county of Southampton whereof the  defendant claim a estate without impeachment of waste under a demise make unto  one sir Richard cotton knight in the time of king Edward the six without any  consideration appear in the lease except the rend reserve by reason whereof  the say defendant be assignee of the say term do commit great waste and spoil  and threaten to cut down the wood and timber tree grow upon the say manor  wherewith it be replenish from the do whereof the several lessee of the say  manor have be restrain by a order make by his majesty privycouncil regard be  have of the commonwealth and the commodiousness of the say timber for  maintenance of ship in consideration whereof and for that the say waste if the  Lord bishop himself shall commit any excessive waste or spoil of wood the same  ought to be prohibit and restrain by the law it be thereupon then order that  the say defendant shall be enjoin from fall any more tree until he can give  good satisfaction to this court for do thereof and a injunction be then award  against he and his workman from inhibit the same after which injunction sue  forth and sundry other order make in the say former cause by a order of the  that of June seven car king it be order that the say defendant shall fall and  cut down such timber only for his necessary boot and reparation as shall be  assign he by the then plaintiff officer or officer and not otherwise and if  the say defendant shall otherwise do then he shall be deem to have break the  say injunction now for as much as the right honourable the Lord keeper be this  day inform by Mr carter be of the say now complainant counsel that the say  former suit be abate by the translation of the say late bishop of Winton to  the archbishopric of York and the now plaintiff be since lawful constitute  bishop of Winton the defendant as well in the vacancy of the same see as since  have fall and carry away a great number of timber tree and other tree late  grow upon the say manor c without any assignment part of which tree be still  lie upon the demise premise and that the plaintiff or stay of the same waste  and preservation of the inheritance of the say church have exhibit his bill of  revivor against the defendant for revive the say former suit and proceed  thereupon as by a certificate from the plaintiff attorney appear it be  therefore humble pray by the plaintiff say counsel that the say injunction may  be revive and renew for prohibit the say defendant his assignee servant and  workman from fall or cut any more timber or other tree in upon the say manor  and demise premise or to carry away or dispose of any the say timber or other  tree already fall except the timber only for his necessary boot and reparation  as shall be assign he by the now plaintiff officer or office accord to the say  order of the fourteenth of June which request his lordship conceive reasonable  and do order that a injunction be award accord Reg lib a fol Feb caroli  whereas by a order of the second of December last for the reason therein  contain a injunction be award for prohibit the say defendant his servant  workman and assign from fall or cut any more timber or other tree in or upon  the manor and premise in question or to carry away or dispose of any of the  timber or tree fall except such timber only for his necessary boot and  reparation as shall be assign he by the now plaintiff officer or officer upon  open of the matter this present day unto this court by Mr sergeant Brampston  be of the defendant counsel it be allege that the say manor be parcel of the  possession of the bishopric of Winton be heretofore demise to sir Richard  cotton knight for ninetynine year without impeachment of waste which lease be  by mesne assignment come to the defendant who by reason that the say manor  house and the outhouse belong thereunto be ruinous and fall to decay have  cause some timber to be fall on the premise which he intend only to employ in  reparation upon the premise which if the plaintiff officer shall not assign  unto he by reason of this restraint the say house must needs become ruinous it  be therefore order that if the say plaintiff his solicitor have notice hereof  shall not at the first or second general seal after this term show unto his  lordship good cause to the contrary then the say defendant not swanston er p  withstand the say injunction shall have liberty to take such of the timber  already fall as shall be necessary to be employ upon the premise only for  reparation and not to any other use and the plaintiff be to proceed with  effect to bring the cause to hear Reg lib a fol