266 CASE OF IMPEACHMENT OF WASTE. 



the life of the lessee. It is resolved by the book, that it is 

 no bar in waste ; but that if the clause had been, that the 

 lessee should not have been impeached for waste, clearly a 

 good bar ; which demonstrates plainly, that general words, 

 be they never so loud and strong, bear no more than the 

 state will bear, and to any other purpose are idle. But 

 special words that inure by way of discharge of action, are 

 good and allowed by law. 



4E.2.Fitzh. The same reason is of the books 4 Ed. II. Fitzh. tit. 

 tit. waste 15. waste 15, and 17 E. III. f. 7. Fitzh. tit. waste 101, where 

 Fitzh titfilurta tnere was a clause, Quod liceat facere commodum suum 

 101. meliori modo quo poterit. Yet, saith Skipwith, doth this 



amount, that he shall, for the making of his own profit, dis 

 inherit the lessor ? Nego consequentiam ; so that still the 

 law allows not of the general discharge, but of the special 

 that goeth to the action. 



9 H. 6. f. 35. The second authority by inference is out of 9 H. VI. fol. 

 Fitzh. tit. waste 35. Fitzh. tit. waste 39, and 32 H. VIII. Dyer, fol. 47, where 

 32 H 8 D er ^ e l earnm g i g taken, that notwithstanding this clause be 

 f. 47. inserted into a lease, yet a man may reserve unto himself 



remedy by entry : but say I, if this clause should have that 

 sense, which they on the other side would give it, namely, 

 that it should amount to an absolute privilege and power 

 of disposing, then were the proviso flat repugnant, all one 

 as if it were absque impetitione vasti, proviso quod nonfaciet 

 vastum ; which are contradictories : and note well that in 

 the book of 9 H. VI. the proviso is quod nonfaceat vastum 

 vohmtarium in domibus ; which indeed doth but abridge in 

 one kind, and therefore may stand without repugnancy : 

 but in the latter book it is general, that is to say, absque 

 impetitione vasti, et si contigerit ipsum facere vastum tune 

 licebit reintrare. And there Shelley making the objection, 

 that the condition was repugnant, it is salved thus, sed 

 aliqui tenuerunt, that this word impetitione vasti is to be 

 understood that he shall not be impleaded by waste, or 

 punished by action ; and so indeed it ought : those aliqui 

 recte tenuerunt. 



27 H. 6. Fitzh. For the authorities direct, they are two, the one 27 H. VI. 

 tit. waste 8. Fitzh. tit. waste 8, where a lease was made without im 

 peachment of waste, and a stranger committed waste, and 

 the rule is, that the lessee shall recover in trespass only for 

 the crop of the tree, and not for the body of the tree. It is 

 true it comes by a dicitur, but it is now a legitur ; and a 

 (juery there is, and reason, or else this long speech were time 

 ill spent. 



And the last authority is the case of Sir Moyle Finch, 



