258 CASE OF IMPEACHMENT OF WASTE. 



that had the trees as part of the inheritance before, must 

 have it as a chattel transitory after. This is pregnant and 

 followeth of itself, for it is the same tree still, and, as the 

 Scripture saith, uti arbor cadet, itajacet. 



The owner of the whole must needs own the parts ; he 

 that owneth the cloth owneth the thread, and he that 

 owneth an engine when it is intire, owneth the parts when 

 it is broken ; breaking cannot alter property. 



Herlackenden s And therefore the book in Herlackenden s case doth not 

 case. stick to give it somewhat plain terms ; and to say that it 



were an absurd thing, that the lessee which hath a particu 

 lar interest in the land, should have an absolute property in 

 that which is part of the inheritance : you would have the 

 shadow draw the body, and the twigs draw the trunk. 

 These are truly called absurdities. And therefore in a con 

 clusion so plain, it shall be sufficient to vouch the authori 

 ties without enforcing the reasons. 



And although the division be good, that was made by 

 Mr. Heath, that there be four manners of severances, that 

 is, when the lessee fells the tree, or when the lessor fells it, 

 or when a stranger fells it, or when the act of God, a 

 tempest, fells it ; yet this division tendeth rather to expla 

 nation than to proof, and I need it not, because I do main 

 tain that in all these cases the property is in the lessor. 

 Three argu- And therefore I will use a distribution which rather 



mentsofpro- presseth the proof. The question is of property. There 

 seisure da and geS ^ e tnree arguments of property ; damages, seisure, and 

 power to grant, grant : and according to these I will examine the property 

 of the trees by the authority of books. 

 And first for damages. 



For damages, look into the books of the law, and you 

 shall not find the lessee shall ever recover damages, not as 

 they are a badge of property ; for the damages, which he 

 recovereth, are of two natures, either for the special pro 

 perty, as they call it, or as he is chargeable over. And for 

 this, to avoid length, I will select three books, one where 

 the lessee shall recover treble damages, another where he 

 shall recover but for his special property, and the third 

 where he shall recover for the body of the tree, which is a 

 special case, and standeth merely upon a special reason. 

 44 E. 3. f. 27. The first is the book of 44 E. III. f. 27. where it is 

 agreed, that if tenant for life be, and a disseisor commit 

 waste, the lessee shall recover in trespass as he shall an 

 swer in waste ; but that this is a kind of recovery of da 

 mages, though per accidetis, may appear plainly. 



