case east against harding Hilary term Elizabeth roll a lease for year by a  copyholder without licence be a forfeiture of the estate though make by parole  to commence in going to be and the lessee die before he be possess of the term  but the cut down tree for repair be no forfeiture ante more Owen roll Abr pale  yellow ten sand salk Cowp term Rep a presentment be not necessary to take  advantage of a forfeiture the grantee of the inheritance of a copyhold or his  lessee for year Shiell take advantage of a forfeiture ante ejection firmce a  special verdict be find that sir Henry lea be seize in fee of the manor of  Quarender in the county of buck whereof the land c be parcel c and copyhold  land and demisable in fee c and that sir Henry lea grant it by copy to the  defendant and further find that the say sir Henry lea feoff one keen of the  say land who let it for twentyone year to the plaintiff and afterward  videlicet Elizabeth the defendant cut down two elm be timber to repair his  house and that he let the land for three year by parole only to begin the next  Michaelmas and that the lessee die before Michaelmas and that afterward the  lessee of the plaintiff enter and the defendant reenter and oust he and that  upon the Tuesday before the verdict find he have hestowed one of the elm for  repair and that the other remain ready ad restoration to make and c Upon all  this matter show c more for the plaintiff move croak Elizabeth that in this  case the copyhold be forfeit first because there be waste commit which of  itself be a forfeiture in law as Henry S and although it he find that by the  custom he may cut down for reparation yet he ought in convenient time to  employ it otherwise it be a forfeiture and it be find that they be cut down in  Elizabeth and not employ until Elizabeth after this action bring and the one  of they not yet emplove so for that it be forfeit second the lease here make  be a forfeiture for by make that lease he take upon he to make a great estate  than he have a authority to do and although it be by parole only yet all be  one and the make of the lease and entry of the lessee be a seize which be the  reason that it be a forfeiture in itself Budsey for the defendant move that  there be not any forfeiture and if there be yet the lord can take any  advantage thereof before it he present by the homage but all the court against  it for the presentment be not of necessity but for the lord hetter instruction  of his title and he may if he will take advantage of it before the presentment  and all the justice hold that the make of this lease for year be a forfeiture  in itself when there be not any custom to warrant it for he have no authority  by the law tomake such a estate and although this be a lease to begin at a  future day and the lessee have not enter yet it be a forfeiture present for it  be a good lease hetween the party second as to the cut down the tree they be  not all agree whether it be a forfeiture in regard it be find that they be  necessary for reparation and that he cut they for that purpose gawdy and  Fenner hold that it be not any forfeiture for it be find that he employ one  and it be well enough in respect of the time for it may be they be not  sufficient season before and it be find they be cut down for that purpose and  be not otherwise employ wherefore it can be any forfeiture and Fenner say  although that tree which be not employ be more than be sufficient to repair  the house yet see that he cut it down for that purpose and peradventure do not  know what will serve for that purpose it be not any forfeiture for it be  adjudge in this court where one cut down wood to make hedge and use the great  part thereof in hedge yet for the rest which be cut croak Elizabeth er p down  for that purpose no tithe shall he pay but it be then move admit there be a  forfeiture whether the lessee for year of the feoff shall take advantage  thereof for it be agree by all the justice that the feoff himself if he have  not make that lease may have take advantage of the forfeiture for he be lord  of that copyhold but whether his lessee may enter gawdy and Fenner doubt but  they agree that lessee for year of a manor may take advantage of the  forfeiture of a copyhold but Popham and Clench hold clear that lessee for year  of the feoff may well take advantage of that forfeiture for the copyholder as  to the forfeiture of his estate remain in all degree as before the severance  thereof from the manor wherefore c el adjournatur