CHOLKE against peter where the owner of wood may enclose see post p the case  be this the Lord Richard be seize of the chase of Hatfield grant and hold to  sir Thomas Barrington knight and his heir all the wood grow and Brownlow  goldsborough er p to grow upon a part of that and except the soil and further  that be may enclose every sixteen acre of that and this to hold in several for  the preservation of the spring accord to the statute of the realm and this  grant be confirm by a private Act of parliament and that the grantee may hold  it in several without suit of the king officer with a save of the right of all  stranger and a commoner put in his beast to take his common in one parcel of  that which be enclose against who the grantee bring a action of trespass and  in this the only question be if the grantee of the tree which Brownlow  goldsborough have not any interest in the soil may enclose against a commoner  by the statute of Edward chap be the question for it be agree that if a man  grant tree grow and to grow to one and his heir and except the soil the  grantee have feesimple in the tree but have nothing in the soil accord to the  h and h ive case coke so if a man make a feoff of land except the wood all  wood be except by that and if wood be cut and after grow again in the same  place this be also except but if wood after grow in another place this shall  not be except for it be no wood in be at the time of the feoff so if a man  grant to another to dig coal in his soil this be but to take profit and the  soil do not pass as it be agree in Elizabeth dyer and it be say by Hutton  sergeant that he have see a ejection firm bring upon a lease of interest land  but it be agree by coke chief justice and foster that the statute of Edward  chap be repeal by the statute of h for this be the negative and for that be a  repeal of a former statute but if the last have be in the affirmative  otherwise it shall be and it be also agree that this be not within the statute  of h for that appoint of what apre the wood shall be when it shall be enclose  and by this recompense be give to the commoner but here it be not aver by  plead of what age this wood be which be enclose and for that it be adjudge  that the action be not maintainable against the commoner see Pasche James for  another argument at the bar and also by the judge Hillary James in the common  bench Vivion v wile Brownlow and Goldedborough er report date VIVION against  wile arbitrement submission revocation a man be bind in a obligation to  another with condition to stand to abide and perform the award of two  arbitrator and before award by his write the obligor revoke the authority of  one of the arbitrator and it be agree by ale that this obligation be become  single without condition and yet it be not plead that the arbitrator have  notice of the revocation before the award make and yet for that it be plead  that to call again it be agree that that imply notice for without notice it be  no revocation but it be agree that if a man submit himself to the award of  another and after he revoke his authority but before the arbitrator have  notice of that he I make the award the award be good and shall be perform so  if a man make a feoff and letter of attorney to make livery and before livery  make he revoke the power of the Brownlow goldsborough attorney but before  notice the attorney make livery this be good but if the feoff make a lease or  feoff to another before the livery make by the other this be a countermand in  law and shall be good without notice for strong be disposition law how man but  where a man make actual revocation of the authority and before notice the  other execute his authority and in plead the other plead quod to call again  the other party may reply quod non to call again and give in evidence that he  have no notice of that before the execution of his authority and this be good  for without notice it be no revocation where revocation be the act of the  party the case be enter Trinity James Rotulo Vivion against wile Hillary James  in the common bench