Ashmead vers ranger Intr Trin will B R rot comens have it rot in trespass for  enter a close without name it if the defendant in his plea state it to be a  close contain eight acre call a the plaintiff may in his replication state it  Lord Raymond er p to be parcel of a message and twenty acre of land without  add that it be other than the place mention in the bar a plaintiff can after  reply take advantage of a neglect in the defendant to give colour in his plea  a copyholder may maintain trespass against his lord for cut upon the copyhold  tree to which the copyholder be entitle for repair S C salk Mod holt fort vide  Com copyhold king d Edward vol p the lord can cut any tree upon a copyhold  except under a custom S C Com Mod holt fort vide Leon pl Com biens h d Edward  vol p Com copyhold king d Edward vol p the plaintiff bring a action of  trespass against the defendant for the break of his close at b and the cut and  carry away of oak and ash c the defendant plead that the place where c be a  close call horn close contain eight acre and that it be and at the time of the  trespass be the freehold of the defendant and that the oak and ash be timber  tree there grow and therefore be cut they down and carry they away as well and  lawful he may c the plaintiff reply that the place where c be parcel of a  message and twenty acre of land which be copyhold and parcel of the manor of c  whereof the defendant be seize in fee and that he grant they to I S for his  life to hold at the will of the defendant accord to the custom of the manor  and that there be a custom within the manor that a ever copyholder for life c  have use to have all timber tree super the same terris custumariis nest to  come into being for the reparation of their house c and that all the timber  tree at the time of the trespass aforesaid and until this time grow u on the  say land be not sufficient for the reparation c the defendant demurrer and  Hilary term last Mr Northey for the defendant take exception to the  replication because it be not alias how in barra which ought to have be say  since the plaintiff vary from the place in the defendant plea but holt chief  justice hold that it be well enough it be very well consistent for the place  where c may be a close call horn close contain eight acre and yet it may be  parcel of a copyhold tenement and twenty acre then Mr earl take exception to  the defendant plea because he have not give colour to the plaintiff but per  holt chief justice if the plaintiff reply the defect of colour be waive but  upon a general Lord Raymond demurrer advantage may have be take of it and now  this term Mr Northey argue for the defendant I that the lord of the manor may  take the tree grow upon the copyhold if be leaves enough for reparation godb  per coke chief justice and the constant practice be accord through all the  west of England where the lord may assign to the copyholder enough for repair  upon other land and therefore it be not material though be do not leave enough  upon the copyhold land the plaintiff can have a action of trespass but a  action upon a case as if a man have right to estovers in a wood and the owner  cut all the wood he shall have case and not trespass more pl cro roll Rep Mr  earl e contra argue for the plaintiff that the copyholder may have trespass  against the lord be self h sand Noy cross v abbot and as to the other point  that the lord can not cut the tree without leave enough be rely upon   Brownl  in point Heydon v smith and the whole court be clear of opinion that judgement  ought to be give for the plaintiff because it appear that the plaintiff have  not enough to repair without these tree and therefore judgement can not be  give for the defendant without overthrow the case of Heydon v smith and per  holt chief justice a copyholder hold the tree by copy of courtroll as well as  the land and therefore it seem to he that the lord can not cut the tree grow  upon the copyhold and cro et say that the copyholder may lop the tree without  special custom which show that the copyholder have a special property in they  and there be some place where the lord compound with the copyholder for his  special interest and the copyholder shall have the acorn and if bird build  their nest and breed there be a shall have the young one and it be not like  the case of a lease of the land except the tree for there the tree be never  demise and b the lord may enter and cut they but where they be not except upon  the demise though a vide Mod cro et pl pl     Cop pale yellow term roll Abr  vin pl a d send for I   a b b r   a Lord Raymond er p after severance the  property of they be in the lord yet he can cut they no more can the lord enter  upon his copyholder and cut the tree but he say he will not give a absolute  opinion as to that point in the principal case judgement be give for the  plaintiff afterward error be bring upon this judgement in the exchequer  Chamber and the judgement be affirm there and afterward error be bring in  parliament and both judgement be reverse Monday April ten lord be for affirm  and eleven for reverse