case hawkings against billhead Trinity term car roll although it appear upon  the proceed that a action be not bring within the time of limitation yet the  defendant can take advantage of it on motion but must plead the statute vide  ante action for word whereas the plaintiff be of good name and fame and of a  chaste conversation and diverse have offer to marry unto he their daughter and  croak car er p whereas he be in communication with one William Russell to  marry his daughter and the say William Russell be Willing to have his daughter  to match with he and offer forty pound in marriage that the defendant have  communication with one I S and other of the plaintiff on the twenty of  September car to discredit the plaintiff and hinder he of his marriage say of  the plaintiff that the plaintiff have lie with such a woman and other and they  carnally cognovit by reason whereof the say William Russell utter refuse to  give his daughter to match with he and that be cause the plaintiff to be  prosecute in the archdeacon court for that incontinency and thereupon be bring  his action in this court in Michaelmas term car the defendant plead not guilty  and find against he and now Maynard move in arrest of judgement that these  word be speak that September car and the action be bring in Michaelmas term  car whereas it ought to be bring within two year by the statute of James of  limitation by his own show it be bring for word speak above two year and  therefore he be to be bar of this action but because he have admit the action  and have not plead the statute of limitation but not guilty Jones and Berkley  justice hold that he shall not now have advantage thereof and Jones say that  he know it have be so rule twice in the time of the Lord lea chief justice and  in the time of sir Randall crew chief justice for otherwise there shall be a  mischief in this court more than in another court videlicet in the common plea  where they prosecute by original and outlawry and if the outlawry be reverse  the statute aid the plaintiff but here they proceed by latitat whereby the  cause of the action do not appear and may peradventure diverse year continue  by process before the defendant may be arrest b and the plaintiff in his  declaration needs not show the cause wherefore he do not commence his suit  soon for if he shall do so the declaration will be more prolix than be con  croak car to come but if the defendant plead the statute of James c then the  plaintiff by the replication ought to show good cause why he do not bring his  action within the time limit by the statute a otherwise he be to be bar for  the statute allow of many impediment videlicet infancy imprisonment ouster Le  mere and other therein mention which shall be sufficient cause that the action  be not bring soon b but I doubt thereof because by his own show it appear that  the action be not bring within the time limit by the statute and the statute  be in the negative that it shall not be bring but within the time so the court  ex duty ought to abate it unless he have show wherefore it be not bring within  the time but by the opinion of the other justice it be adjudge for the  plaintiff unless other cause c