cclviii russel and broker case Russel bring trespass against broker for cut  down of four oak the defendant plead that the place where c and that he be  seize of a message in d and that he and all those who estate he have c to have  consueru the pure milk of reason estoverium suum for fuel ad it pleases suum  to take in hand in kind of water fowl subboscis tree ibidem to come into being  and that in whithersoever you please tempore striving but in fawn time the  plaintiff by replication say that the place where be within the forest of c  and that the defendant and all those who estate c to have to become used the  pure milk of reason estoverium suum de kind of water fowl c per liberation  free forrestarii well he deputy prout boscus patience to be able non ad  urgency to strive for and upon that replication the defendant do demurrer in  law and the opinion of the whole court be that judgement shall be give against  the plaintiff for if he shall oust the defendant of his prescription by the  law of the forest he ought to have plead the law of the forest in such case  videlicet lox forrestae be c for the law of the forest be not the commonlaw of  the land and we be not bind to take notice of it but it ought to be plead or  otherwise the plaintiff ought to have traverse the prescription of Leonard the  defendant for here be two prescription one plead by the defendant byway of bar  the other set forth b the plaintiff in his replication without any traverse of  that with be allege in the bar which can be good but if the plaintiff have  show in his replication Leonard er p law forrestae ankle be c then the  prescription of the defendant have be answer without any more for none can  prescribe against a statute exception be take to the bar because the defendant  have justify the cut down of oak without allege that there be not any  Underwood but the exception be not allow for he have choice ad it pleases suum  another exception be take because he have not show that at the time of the cut  it be not fawn time for at the fawn time his prescription do not extend to it  and that be hold a good material exception but because the plaintiff have  reply and upon this replication the defendant demurrer the court will not  resort to the bar but give judgement upon the replication against the  plaintiff Len Poph cro