cclxxxix russell and broker case in trespass for cut down of 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 consuevera 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 unless in fawn time the plaintiff by replication  say that the place where be in the forest of d 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 forestarii or he  deputy prout boscus patience to be able non ad urgency to strive for and upon  that replication the defendant demurrer in law and it Leonard er p be the  clear opinion of the court that judgement shall be give against the plaintiff  for if he will have oust the defendant of his prescription by the law of the  forest he ought to have show the law of the forest in such case law forest  ankle be 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 else the plaintiff  ought to have traverse the prescription of the defendant for here be two  prescription one plead by the defendant by way of bar the other set forth by  the plaintiff in his replication without any traverse of that which be set  forth in the bar which can be good but if the plaintiff have show in his  replication law forest ankle be 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 that exception be not allow for be  have his choice ad it pleases suum another exception be take to the bar  because he have not show that at that 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 to be a  material exception but because that the plaintiff have reply and upon his  replication the defendant have demurrer the court will not resort to the bar  but give judgement upon the replication and therefore nothing to take in hand  per breve Len Poph cro Leonard mich Elizabeth in the king bench