Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

Cyprian Web against Barlow.

CYprian Web brought a replevin against Barlow, and the Defendant avowed as lessee for life of the Mannor of Froston, to which the Plantiff is a Copi∣holder of a Copihold of the same Mannor; and that 15. Iaco. in mense May he girdled and cut a tree in the middle upon his Copihold, and that the steward Anno Supradicto charged the homage to finde this, by which he had forfeit his Copihold, and the Defendant being Lord of the Mannor distrained his beasts damage feasant, and the Plantiff said, that the custome of the Mannor is, that every Copiholder may lap and girdle absque hoc that he cut the tree, and upon that the Defendant demurred, and Attoe argued for the Plantiff in the replevin, that this is no cause to forfeit the Coppihold, for though the steward did charge the homage to finde

that, yet it doth not appear, that he gave any proof of that. And secondly, the forfeiture is alledged to be in May; and the Court was holden in April before, which was impossible, which the Court granted as to that last point, and for that the Plantiff had judgement.