case the king against Sherington talbot a prescription to have a free warren  in a manor and in the demesne thereof be good ante roll Abr Jones cro James    peer wms on issue on a plea of prescription to have free warren in the manor  of a if the venue be from a instead of the manor of a it will be a mistrial  but see the Geo c S the statute of jeofail do not extend to information quo  warranto or to proceed on penal statute quo warranto by which he claim liberty  of free warren in ridge and two other town in the forest of S the defendant  disclaim to have such liberty in the say two will and in the forest but as to  his claim of warren in ridge he plead that he be seize in fee of the manor of  ridge whereof the say will of ridge be parcel and that be and all his ancestor  and all who estate he have in the say manor have have time whereof c liberty  of free warren in all the say manor and within the demesne thereof ita quod  nullus fugabi any game of warren within the say manor and demesne thereof  without freedom of the say Sherington Talbot issue be take that he and all  those who estate c have not free warren within the say manor and demesne  thereof and find for the defendant Noy attorneygeneral now move in arrest of  judgement first that the plea be not good to prescribe to have warren in the  say manor and demesne of the manor for although he may prescribe to have it in  his own demesne yet he can prescribe to have it in the land of other his  freeholder nor ought he to prescribe to have it pertain to his manor and for  that purpose he cite the book of assize a that one ought not prescribe to have  turbary in another soil as appertain to his manor a assize pl croak car er p  second because it be by prescription ita quod nullus without freedom  Sherington Talbot which be impossible to be for the time whereof c roll answer  to these objection first that a prescription to have free warren in his manor  be good as well in the land of the freeholder as in the demesne for be by  prescription it be intend that this liberty be before the creation of the  freeholder who estate be extract out of the demesne of the manor after the  beginning of this prescription second that the allegation thereof be not of  necessity and do not vitiate the prescription Grimston also move in arrest of  judgement three that the trial be by venire facias award from ridge where it  ought croak car to have be of the manor for ridge be allege to be but parcel  of the manor and all the court for this cause hold it to be a mistrial and not  aid by any of the statute and that it ought to be of the manor which be the  great and more notorious wherefore a venire facias de to make new be award and  it be move whether that be within the statute of Jeofails because it concern  the king and the statute have a express proviso that they shall not extend to  appeal or indictment or information upon penal law and cite some of they but  not any quo warranto Richardson chief justice Jones and Berkley hold that the  statute do not extend to this case nor to information of intrusion for the  king be not bind unless he be name but Noy attorneygeneral say peradventure it  shall be otherwise in case of a quare hinder where the suit be betwixt the  party and the king but see now the Ann c as to information in quo warranto and  the case of Atcheson v Everet Cowp that the statute of jeofail extend to penal  action though not to criminal prosecution