coke baron and boyss case mich James in the exchequer apple be not within the  stat Edward cap of Ingrossers so also it seem a man can be a forestaller of  such fruit within the meaning of the statute Edward sur saint e cap of  Ingrossers I hawk c sect and sect c in the case between baron and boy in a  information upon the statute of e c of Ingrossers after verdict it be find for  the informer that the defendant have ingross apple against the say Act the  baron of the exchequer hold clear that apple be not within the say Act and  give judgement against the informer upon the matter apparent to they and cause  the same to be enter in the margin of the No law can bind they if against the  church interest note to former edition coke report er p record where the  judgement be give and the informer bring a writ of error in the exchequer  Chamber and the only question be whether apple be within the say Act the  letter of which be that whatsoever person or person c shall ingross or get  into his or their hand by buy contract or promise take other than by demise  grant or lease of land or tithe any corn grow in the field or any other corn  or grain butter cheese fish or other dead victual within the realm of England  to the intent to sell the same again shall be accept c a unlawful engrosser  and although that the statute of e c make against seller of victual which for  their great gain conspire c number butcher brewer baker cook costermonger and  fruiterer as victualer yet apple be not dead victual within the statute of e  for the buyer and seller of corn and other victual have diverse proviso and  qualification for they as it appear by the say Act but coke costermonger and  fruiterer have not any proviso for they also always after the say Act they  have buy apple and other fruit by ingross and sell they again and before this  time no information be exhibit for they no more than for plum or other fruit  which serve more for delicacy than for necessary food but the statute of e be  to be intend of thing necessary and of common use for the sustenance of man  and therefore the word be corn grain butter cheese or other dead victual which  be as much as to say victual of like quality that be of like necessary and  common use but the statute of e c make against conspiracy to enhance the  prince be do and make by express word to extend it to thing which be more of  pleasure than of profit so it be say that of those fruit a man can be a  forestaller within this Act of e for in the same branch the word be any  merchandise victual or any other thing but this be not resolve by the justice  because that the information be conceive upon that branch of the statute  concern ingrossers