CASE OF IMPEACHMENT OF WASTE. 257 



could not pierce the tree to make the pitch come forth, no 

 more than he may break the earth. 



So we see the evidence, which is propugnaculum htcredi- The evidence 

 tatis, the fortress and defence of the land belongeth not to propugnaculum 

 the lessee, but to the owner of the inheritance. hereditati*. 



So the lessee s estate is not accounted of that dignity, Homage im- 

 that it can do homage, because it is a badge of continuance porteth conti- 

 in the blood of lord and tenant. Neither for my own opi- JJJJJJ 06 p *Jj? 

 nion can a particular tenant of a manor have aid pour Jile calar tenants of 

 marier, ou pour faire fitz chevalier ; because it is given by seigniories shall 

 law upon an intendment of continuance of blood and privity not have ai(it 

 between lord and tenant. 



And for the tree, which is now in question, do but con 

 sider in what a revolution the law moves, and as it were in 

 an orb : for when the tree is young and tender, germen 

 terra, a sprout of the earth, the law giveth it to the lessee, 

 as having a nature not permanent, and yet easily restored ; 

 when it comes to be a timber-tree, and hath a nature solid 

 and durable, the law carrieth it to the lessor. But after 

 again if it become a sear and a dotard, and its solid parts 

 grow putrified, and as the poet saith, non jam mater alit 

 tellus viresque ministrat, then the law returns it back to 

 the lessee. This is true justice, this is suitm cuique tri- 

 buere ; the law guiding all things with line of measure and 

 proportion. 



And therefore that interest of the lessee in the tree, The phrase that 

 which the books call a special property, is scarce worth the lessee hath a 

 that name. He shall have the shade, so shall he have the S^he*^ 1 !^ 

 shade of a rock ; but he shall not have a crystal or Bristol improper ; fo7 

 diamond growing upon the rock. He shall have the pan- he hath but the 

 nage ; why ? that is the fruit of the inheritance of a tree, P r e e fits of the 

 as herb or grass is of the soil. He shall have seasonable 

 loppings; why? so he shall have seasonable diggings of 

 an open mine. So all these things are rather profits of the 

 tree, than any special property in the tree. But about 

 words we will not differ. 



So as I conclude this part, that the reason and wisdom 

 of law doth match things, as they consort, ascribing to 

 permanent states permanent interest, and to transitory 

 states transitory interest ; and you cannot alter this order 

 of law by fancies of clauses and liberties, as I will tell you 

 in the proper place. And therefore the tree standing be 

 longs clearly to the owner of the inheritance. 



Now come I to my second assertion, that by the severance 

 the ownership or property cannot be altered ; but that he 



VOL. XIII. c 



