25G CASE OF IMPEACHMENT OF WASTE. 



the revenue of the inheritance, and not for the inheritance 

 itself.&quot; 



Nay, my lords, it is notable to consider what a reputation 

 the law gives to the trees, even after they are severed by 

 grant, as may be plainly inferred out of Herlackenden s 

 Co. p. 4. f. 62. case, L. Coke, p. 4. f. 62. I mean the principal case ; 

 where it is resolved, that if the trees being excepted out of 

 a lease granted to the lessee, or if the grantee of trees 

 accept a lease of the land, the property of the trees drown 

 not, as a term should drown in a freehold, but subsist as a 

 chattel divided ; which shows plainly, though they be 

 made transitory, yet they still to some purpose savour of 

 the inheritance : for if you go a little farther, and put the 

 case of a state tail, which is a state of inheritance, then I 

 think clearly they are reannexed. But, on the other side, 

 if a man buy corn standing upon the ground, and take a 

 lease of the same ground, where the corn stands, I say 

 plainly it is reaffixed, for paria copulantur cum paribus. 



And it is no less worthy the note, what an operation the 

 inheritance leaveth behind it in matter of waste, even when 

 it is gone, as appeareth in the case of tenant after possibi 

 lity, who shall not be punished ; for though the new reason 

 be, because his estate was not within the statute of Glou 

 cester; yet I will not go from my old master Littleton s 

 reason, which speaketh out of the depth of the common 

 law, he shall not be punished &quot; for the inheritance sake 

 which was once in him.&quot; 



But this will receive a great deal of illustration, by con 

 sidering the terminor s estate, and the nature thereof, which 

 was well denned by Mr. Heath, who spake excellent well 

 to the case, that it is such as he ought to yield up the 

 inheritance in as good plight as he received it ; and there- 

 The derivation fore the \vordjirmarius, which is the word of the statute of 

 Marlebridge, cometh, as I conceive, a firmando ; because 

 he makes the profit of the inheritance, which otherwise 

 should be upon account, and uncertain, firm and certain ; 

 and accordingly feodi jirma, fee-farm, is a perpetuity cer 

 tain. Therefore the nature and limit of a particular tenant 

 is to make the inheritance certain, and not to make it 

 worse. 



1. Therefore he cannot break the soil otherwise than 

 with his ploughshare, to turn up perhaps a stone that lieth 

 aloft ; his interest is in superficie, not in prof undo, he hath 

 but tunicam terra, little more than the vesture. 



If we had fir timber here, as they have in Muscovy, he 



