THE 



CASE OF IMPEACHMENT OF WASTE. 



ARGUED 



BEFORE ALL THE JUDGES IN THE EXCHEQUER 

 CHAMBER. 



THE case needs neither repeating nor opening. The point 

 is, in substance, but one, familiar to be put, but difficult to 

 be resolved; that is, Whether, upon a lease without im 

 peachment of waste, the property of the timber trees, after 

 severance, be not in him that is owner of the inheritance ? 



The case is of great weight, and the question of great 

 difficulty : weighty it must needs be, for that it doth con 

 cern, or may concern, all the lands in England ; and diffi 

 cult it must be, because this question sails in confluentiis 

 aquarum, in the meeting or strife of two great tides. For 

 there is a strong current of practice and opinion on the one 

 side, and there is a more strong current, as I conceive, of 

 authorities, both ancient and late, on the other side. And, 

 therefore, according to the reverend custom of the realm, it 

 is brought now to this assembly ; and it is high time the 

 question receive an end, the law a rule, and men s convey 

 ances a direction. 



This doubt ariseth and resteth upon two things to be 

 considered ; first, to consider of the interest and property of 

 a timber tree, to whom it belongeth : and, secondly, to 

 consider of the construction and operation of these words 

 or clause, absque impetitione vasti: for within these two 

 branches will aptly fall whatsoever can be pertinently 

 spoken in this question, without obscuring the question by 

 any other curious division. 



For the first of these considerations, which is the interest 

 or property of a timber tree, I will maintain and prove to 

 your lordships three things. 



