case purify against GRYME Hilary term James roll if a person justify trespass  as servant to a lessee who by a covenant in his lease have power to take tree  for firebote the lease must be show ante post   light a   a roll Rep hob salk  Leon cro Elizabeth more Plowd Bac Abr covenant to take estovers good without  the word grant to justify take wood the use for which it be take must be show  trespass for that the defendant four ash of the plaintiff at Shaldesdon in a  place call CaveClose cut down take and carry away the defendant say quod  action non because long time before the plaintiff have any thing to do c in  the place where c one John purify be seize in fee of the close in which c and  April Elizabeth by indenture of the same date demise to Jerome Corbet and  other the say close inter alian except the wood and underwood thereupon grow  habendum for the life of one Ann purify and further covenant with they quod to  be for sale foret croak throw for the say lessee and their assign to take upon  the premise necessary firebote and housebote c to be expend upon the premise  or for reparation of the premise that the say John purify die and the say Ann  survive he take to husband one John Harecourt that the say Jerome Corbet and  the other lessee assign over their estate to the say Ann that the defendant as  their servant take the say four ash for necessary cartbote ploughbote and boat  to be expend upon the premise and aver the life of the say Ann croak James er  p it be thereupon demurrer first because he justify by force of a covenant in  a indenture and do not show the indenture it be a thing which can be grant  without deed but it be thereunto answer by Yelverton for the defendant that in  regard the defendant do not claim title thereto but only as a servant nor any  interest therein and it do not appear that the plaintiff have any title to  those tree or land by any matter show in the plead therefore the plea be good  against he without show the deed of covenant but all the court hold the plea  to be ill for the servant justify under the interest of his master and meddle  with the title ought to show the deed for it be the substance of the title and  without show it he can justify and it be folly to justify under one who either  can not or will not show the deed and the not show thereof be matter of  substance and not of form only a vide Henry pl Henry pl Edward pl second it be  move that this covenant be without the word grant be not sufficient to justify  the take but it be cause of action if it be deny but the court seem to incline  that it be well enough be by the same deed of lease if it have be well plead  three it be move that the plea be not good because it be not show that the  master expend they for those purpose and the whole court be of that opinion  vide Henry pl Edward pl but for the first cause principal the plea be hold to  be ill and adjudge for the plaintiff