case down against rowel a defendant who life above twenty mile from London  have eight day to plead and may demand oyer at any time before they expire in  country cause that be where the defendant life above twenty mile from London  the defendant have eight day to plead in from the notice four day long than  those that live in town or nigh it the defendant after the four day rule to  plead be out and before the eight day be expire demand oyer of the plaintiff  bind set forth in the declaration and on the nine day take out a summons from  a judge for that purpose and for long time to plead to it the plaintiff be  advice that oyer can not be demand after the four day rule be expire though  the defendant have eight day to plead in sign judgement notwithstanding this  summons and now the defendant move the court to have it set aside oyer of the  bind have never be give as demand the question be whether a defendant who life  above twenty mile from London and by a rule of the judge have eight day to  plead in from notice first give have time to demand oyer of a bind c any time  before his plead be out or whether he ought to have demand it before the first  four day of plead n b the rule to plead be never give for eight day but all  for four day though the defendant have eight day to plead in modern and as to  the first question will chief justice and Denton justice be of opinion that  the defendant shall have the same time to demand oyer in as he have time to  plead in without have any regard to the four day rule for plead which the  chief justice say ought to be make eight day in case the defendant live twenty  mile from London fortescue aland justice on the contrary think that the  defendant must demand oyer within the four day though he have eight to plead  in because say he if the defendant can demand oyer in eight day he may demand  the same time to plead in abatement and the constant rule have be that the  defendant can plead in abatement after four day William fortescue justice give  no opinion but submit to his brother and another question be whether this  summons take out by the defendant the nine day after his time for plead be  expire though before the plaintiff have sign his judgement can have any right  in set aside the judgement or be not take out too late as to the last question  it be agree that if a summons for time to plead be take out after rule to  plead be out the summons will avail nothing and the plaintiff may sign his  judgement notwithstanding the judgement be set aside