case edward maria wingfield against bell in replevin if the plaintiff reply to  a avowry for darnage pheasant that the defendant bailiff give he licence to  drive the cattle through the land and issue be join thereon a verdict for the  plaintiff be good ante post roll ab Henry a Carth Mod bull n p burr replevin  for beast distrain the defendant avow for damage pheasant in his freehold the  plaintiff reply that the defendant bailiff give he licence to go that way with  his cattle the issue be upon this licence and find for the plaintiff it be now  move that notwithstanding this verdict judgement ought to be give for the  defendant for this licence by the bailiff be void for he can licence any to  trespass upon his master land therefore the plaintiff have confess that he do  it by the bailiff licence only he therein acknowledge the trespass and it  shall be adjudge against he but all the court resolve that judgement shall be  give for the plaintiff for although it be clear that a bailiff can give  licence to do a trespass as to cut down tree nor can he accept amends for  trespass as it be in pilkington case   yet inasmuch as he may make a lease at  will reserve rend because it be for his master profit so he may give licence  to go over his master land for recompense and that be good then here when it  be plead that the bailiff give licence it shall be intend such a licence with  recompense especial when it be find by verdict that he give he licence it  shall be intend to be make in due manner which be find be a good issue and  judgement shall be accord as in debt upon a bill payment be no plea but if  issue be join thereupon and find for the plaintiff it be good and judgement  shall be for the plaintiff because the issue be find that he do not pay but if  it be find for the defendant coke say that forasmuch as it be a ill plea no  judgement shall be for the defendant wherefore here the issue be find for then  plaintiff judgement shall be for he whereupon it be adjudge for the plaintiff