An exact abridgement in English of the eleven books of reports of the learned Sir Edward Coke, knight, late lord chief justice of England and of the councel of estate to His Majestie King James wherein is briefly contained the very substance and marrow of all those reports together with the resolutions on every case : also a perfect table for the finding of the names of all those cases and the principall matters therein contained / composed by Sir Thomas Ireland.

Harlakendens Case, 31. El. In banco regis. fo. 62.

THe Earle of Oxford leased to A. B. and C. (ex∣cept the Trees) for 21. yeares, C. assigned to D. the Earle sells the Trees to A. B. and D. they leased to E. and after sell the Trees, the Vendee cuts them, the Lessee brings Trespasse. When a man maketh a Lease for life or yeares, the Lessee hath but onely a speciall interest or property in the Trees being Timber, as things annexed to the Land, but if the Lessee or another severs them, the pro∣perty and interest of the Lessee is determined and the Lessor may take them, as things which were par∣cell of his Inheritance.

It was also resolved that this clause (without impeachment of wast) doth not give to the Tenant for life, any greater interest in the Trees, then he had by the demise of the Land, but onely that it will serve, that he shall not be impeached in any action of Wast, or to recover damages or the place wasted. It was also resolved that if an House fall by tempest or other act of God, the Lessee for life or yeares hath a speciall interest to take Timber to reedifie the same, if he will. But if the Lessee suffer the House to fall, or take it downe, the Lessor may take his Timber as parcell of his Inheritance, and the interest of the Lessee is determined, and he may have wast, and treble damages.

Resolved, that the Lessee by the grant had an ab∣solute property in the Trees, so that by the Lease of the Land, they did not passe, and he hath not equall ownership in both, and it should be a prejudice to

him if they should be joyned to the Land, for then he could not cut, during the terme, without wast, and after he shall not have them, and the Lessor shall not have them against his owne act And here A. B. and D. were Tenants in common of the Land, and joyntenants of the Trees, and so their interest of se∣verall qualities, and therefore cannot be a union be∣twixt them, but upon a feoffement, if the Feoffor accept the Trees, they are in property divided, though, In facto, they remaine annexed to the Land, for it is not felony to cut them, &c. and if the Feof∣for grants them to the Feoffee, they are reunited in property, as well as De facto, and the Heire shall have them, not the Executors, for the feoffee hath an ab∣solute ownership in both, and it is more benefit to him that they are reunited.

It was resolved, That if Tymber Trees be blowne downe with the winde, the Lessor shall have them, for they are parcell of his inheritance, and not the Tenants for life, or yeares, but if they be Dotards without any Timber in them, the Tenant shall have them.

It was adjudged that wast may be committed in glasse in the Windowes, for it is parcell of the house, and discends as parcell of the inheritance to the Heire, and the Executors shall not have them al∣though the Lessee put the glasse in the Windowes at his owne cost, and if he take them away, he shall be punished in wast. And 42. Eliz. in com. Banco. It was resolved that Wainscote, whither it be annex∣ed to the house by the Lessor or the Lessee, is parcell of the House, and there is no difference in Law, whi∣ther it be fixed with great Nailes or little Nailes, or Screws or Irons put through the Walls, for if it be fixed by any wayes or meanes to the house or Posts, or Walls thereof, the Lessee may not remove it, but

he is punishable in an action of wast. For it is par∣cell of the house, and by Lease or grant of the house in the same Mannor (as Sealing or Plaistering) it shall passe as parcell thereof.

Notes

• This is adjudg∣ed otherwise by all the Judges of England, in Lewes Bowles Case, in the 11. Report.