coke a sander case Trin Elizabeth which begin hill Elizabeth rot in the common  plea see Dashwood v Magniac Ch if a lease of land be make for life or for year  in part of which there be a I open the lessee may dig in it if the I be not  open at the time of the lease make the lessee can open it if a man have i bid  within his land and lease his land and all i therein the lessee may dig for  they if land be lease in which there be a hide I and the lessee open it and  then assign over his estate the assignee can dig in it if a lessee assign his  term with a exception of the profit of the i or the i themselves or of the  timber tree c such exception be void if lessee devise his term and die and  then his executor do waste and afterward assent to the devise a action of  waste in the to hold lie against the executor SC Brownl cro Elizabeth sander  bring a action of waste against Marwood assignee of the term in the tenement  for waste do in dig seacoal the defendant plead in bar that the first lessee  who open the I grant to he all his interest in the land cum omnibus prfic  except always reserve Himself hred nest tot benefice prfic miner England the  coalmine in prd parcel land ac omnibus tree mremii and aver that the say I be  at the time of the assignment and yet be open whereupon the plaintiff demurrer  in law and on great deliberation it be adjudge for the plaintiff and in this  case three point be resolve if a man have land in part of which there be a  coalmine open and be lease the land to one for life or for year the lessee may    light b a dig in it for inasmuch as the I be open at the time c and he lease  all the land it shall be intend that his intent be as general as his lease be  sure that he shall take the profit of all the land and by consequence of the I  in it if land assign for dower contain a open I tenant in dower may work it  for her own benefit Stoughton v leigh I taunt a vide Fitzherbert waste b e a b  John hull case send for and so the doubt in f n b c well explain if the I be  not sider roll lateb   light b hob c open but include within the bowel of the  earth at coke report b er p the time of the lease make in such case by lease  of the land the lessee can make new i for that shall he waste f n b h b send  for the lord of a manor as such have no right without a custom to enter upon  the copyhold within his manor under which there be i and vein of coal in order  to bear for and work the same but the copyholder may maintain trespass against  he for so do bourn v tailor east and v id Whitechurell v Holworthy m S b if a  man have i bid within his land and lease his land and f n b c   light b note b  a all i therein there the lessee may dig for they for   light a a hawk Max b  when some to some degree to go away to go away to see id without quo res self  be non to be able and therewith coke b agree e where it be say that if a man  lease his land to another and in the same there be a I which be to be intend  of a bid I he can dig for it but if he lease his land and all i in it then  although the I be hide the lessee may dig for they if a lease of land and i be  make and some i be open and some not the open i only pass astry v Ballard lev  SC Freem and Vid Phiffield v bewit p wms Lord darcy v Askwith hob but new  shaft or pit may be open for the purpose of work the old i Clavering v  Clavering p wms c and by consequence the dig of the I in the principal case be  waste in the first lessee it be resolve that although the I be first open by  the first lessee yet if his grantee dig in it it be waste in he it be resolve  that the exception be allein   Cr James Poph Com dig fait e touch c void for  first by the exception of the profit of the I or of the I itself the land be  not except Vid do v wood barn Ald d and then it follow that he have except  that which he can not have or take as if a man assign his term and except the  timbertrees on the land or the gravel or clay within the land it be void for  he can except to himself a thing which do not belong to he by the law and  although it be say that forasmuch as the lessee first open the I and thereby  commit waste and so have in modus appropriate it to himself and by his wrong  have subject himself to lose the place waste and Triple damage it shall be a  reason that he may keep it to himself and so continue punishable for the waste  of which he be the first author but notwithstanding that it be resolve as  above for his wrong which he commit can divest the interest in the I be in the  land demise to he out of the lessor and therefore he can except that to  himself which belong to another and it be adjudge pasch Elizabeth n the common  plea rot between foster and mile plaintiff Leon Cr Elizabeth     Ent pl Bulstr  d and Spencer and bode defendant that where the lessee for year assign over  his term except the timbertrees and afterward the tree be fall that the action  of waste be maintainable against the assignee for the Leon Cr Elizabeth Poph e  exception be utter void for the cause aforesaid quod notam bene and in this  case it be say if lessee for year devise his term to another and make his  executor and die the executor do waste and afterward assent to the devise in  that case although between the executor and the devisee it have relation and  the devisee be in by the devisor yet a action of Com dig be c roll Rep Inst  Swinb Bridgm   light f waste shall be maintainable against the executor in the  to hold so if grantee of a term on condition do waste and afterward the  grantor enter for the condition break the action of waste shall be  maintainable against the grantee in the to hold Fitzherbert waste a g e a b  send for coke report a er p