Blackmore vers TIDDERLEY Intr Trin Ann rot a plea that the defendant be not  guilty of a matter to which the statute of limitation extend within a long  period of time than that which the statute prescribe be bad upon a general  demurrer SC salk Mod Mod in a action of trespass assault and false  imprisonment the defendant plead not guilty infra aged and the plaintiff  demurrer and Mr sergeant Darnall for the plaintiff argue that the court upon  this plea as it be plead will not take any notice of the statute of limitation  that if this plea be a good plea it will be a good replication for the  plaintiff to say that he take out a writ within six year which be absurd that  no issue can be take upon this plea or if any issue can be take upon it yet if  a verdict be find for the plaintiff no judgement can be give for he because  though the defendant be guilty within six year yet he may not be guilty within  four he say that this plea be a negative pregnant and though where a verdict  be find upon issue join upon such a plea that may in some case make the  pleagood yet it be certain nought upon demurrer and for that be cite Edward Br  negative pregnant Br same title Mr Raymond for the defendant argue that the  statute of limitation be a general law and that those plead of the statute of  limitation be never frame upon the statute but be plead general without tie  they up to or take any notice of the Act of parliament he say that the  plaintiff may have take issue upon this plea that the defendant be guilty  within six year and that the largeness of the plea take in two year more than  it deeded be for the benefit of the plaintiff that if upon that issue the jury  bad find for the defendant he must have have his judgement because if he Lord  Raymond be not guilty within six year it be a necessary consequence that he be  not guilty within four year and he aid he take it that if the verdict have be  find for the plaintiff he must have his judgement too because the plea of the  defendant be falsify like the case of debt upon a single bill the defendant  plead payment if upon issue join the verdict be find for the defendant he say  nunc vide Ann c S a can have judgement but otherwise if it be find for the  plaintiff holt chief justice the verdict be help of such a plea as this will  not make it a good plea now upon demurrer this must be a good plea either at  commonlaw or upon the statute it be not a good plea at commonlaw because at  commonlaw a man may bring his action at any time neither be it a good plea  upon the statute because it do not disclose the matter that the statute make a  bar Powell justice this plea at best be but argumentative and such plead be  never good especial where the matter that make the bar be make such by a Act  of parliament you ought to plead it in the word of the statute beside if issue  have be take upon this plea and there have be a verdict for the plaintiff it  will have be a jeofail holt how can the plaintiff reply the court hold that  this matter need not be show for cause of demurrer and be just go to give  judgement for the plaintiff when Mr Raymond take a Lord Raymond er p exception  videlicet that the vide ante b plea be discontinue for the declaration be of a  assault take arrest and imprison the plaintiff and the defendant plead to the  trespass assault and imprisonment but say nothing to the arrest Darnall say  that the vide lev lev c trespass include all holt say that the imprisonment  include the arrest for imprison can not be without a arrest nor a arrest  without imprisonment for a arrest be a actual imprisonment judgement be give  for the plaintiff note when this case be first stir in Michaelmas term last  the court seem all to be of opinion that the plea be good because it give the  plaintiff a advantage the record be action by husband and wife for that the  defendant c upon the wife at c insultum fecit and the wife c to take in hand  arrestavit imprisonavit et maletractavit and the wife in prison ibidem per  interval c to hold off c after imparlance the defendant plead thus et idem the  defendant make practice of defending vim et in an unjust manner when c Lord  Raymond et to say quod action non because to say quod ipse in nullo be worthy  of blame de transgression insultu imprisonamento prediction ad some time infra  aged proxime ante they display billae of husband and wife modus et form prout  c note nothing be plead to the way et arms as be usual