FORMER NESTING OF THE SPOONBILL IN MIDDLESEX. 83 
reserved the trees, he was entitled to all profits arising from 
those trees, ‘‘as for example acorns”; and consequently to the 
birds which habitually nested there. 
Mr. Justice Brook thought :—“ Il av intest a eux p reas del 
arbr ou ils edifiet, & auxy il av ppété in ceux q’d ils sonte s 
arbr; car il dira nidwm ardearum suarum cepit, & doge n'est lojal 
4 aut deux pnd. Come si jeo except un arbr, & un esperv’ fait 
$ nid in @, ou bees sont in l’arbr, ne list* a asct de eux jmd; 
iffintt icy.” 
In other words :—‘‘ He has an interest in them by reason of 
the trees in which they build, and also he has a property in them 
when they are in his trees: for he will say the defendant took 
the nest of his Herons, and it is not lawful for others to take 
them. As, if I except a tree, and a sparrowhawk makes its nest 
in it, or bees are in the tree, it is not lawful for anyone to take 
them; so here.” 
A stronger case in support of this view was put thus :— 
“Car si jeo lesse un manoir res’vant mon wafr, jeo aurai les 
conils”” :— 
‘For if I lease a manor reserving my warren, I shall have 
the rabbits”; liberty of egress and regress being implied. So 
in this case, the Bishop having reserved his trees, with implied 
access to them, was entitled to all profits arismg from them, and 
could take the Herons and Shovelers, and the lessee could not 
legally touch them. Or, as the report runs, “l’Hvesque peut 
ven p pnd ceux, & le lessee ne puit loialent eux pnd.” 
And so the Bishop obtained judgment in his favour, and the 
heronry with its Spoonbills, for the time being at all events, was 
preserved from destruction. 
The story of this trial is full of interest, not only to naturalists, 
but to archeologists and to those learned in the law. One longs 
to know something more on the subject. Who was the Bishop ? 
and who the defendant ? Neither are named in the report of the 
ease.§ The name of the latter it is probably now impossible to 
* ne list = non leet. + asec =aucun. { iffnt —afin. 
§ It is amusing to note the way in which English words are interspersed 
throughout these old reports, although confessedly written in the law French 
of the day. The Year Book, from which this Report is extracted, is 
entitled :—‘‘ Les Reports des Cass en les ans des Roys Edward V Richard 
III Henrie VII & Henrie VIII Touts qui par cy devant ont este publiés. Or 
