case FAWKENERS against Bellingham Michaelmas term James roll Sussex the  statute of Henry c limit a avowry or conusance for rend suit or service to a  possession of forty year next before make the avowry c do not extend to a new  rend create by Act of parliament vide SC post hetley Jones light Rep Vernon  Inst   light a more keb vent Vernon Com dig replevin of the take of three ox  upon the d September James at eastgrinstead in a place call HorseShoeMeadow  the defendant make conusance as bailiff to sir Henry Compton and John Blund  for that the place where be ten acre of meadow whoever it be day ante time quo  c transalpine presbyter to frequent of a god in church de eastgrinstead be  seize in fee of a message call boil and of acre of land acre of meadow and  acre of pasture in eastgrinstead aforesaid whereof the place croak car where  time whereof c and of all the time c be parcel in jure presbyteratus Himself  and hold they of Lord Windsor and John sherry as of their manor of Brambleton  in the county of Sussex by fealty and rend of eighteen shilling and four broad  arrow annual at Michaelmas to be pay and suit of court and heriot of which  service the say Lord Windsor and John sherry be seize by the hand of the say  last presbyter as by the hand of their wraytenant and be thereof so seize the  say last presbyter continue his possession until the statute Edward c of  chantry a and show the statute with the save of all rend suit and service  whereby the king be seize in fee of the tenement unde c and that the say king  in the four year of his reign grant they to Thomas reve and other who estate  one John Cornford now have and that the say Lord Windsor and John sherry be  seize in fee of the say manor of Brambleton before the say statute and after  and that after the say statute videlicet in Elizabeth they feoff one Pickering  of the say manor and rend and so by diverse mean conveyance the same manor  come to the hand of the say sir Henry Compton and John Blund in the fourteenth  year of James the first and for the rend of eighteen shilling for one year  behind at Michaelmas James he make conusance as bailiff to they as in land  Chargeable to their distress for the say rend in form prediction and aver that  presbyteratus prediction to be in be within five year before the statute of  Edward c and make diverse other averment that the land be within the statute  and that they be within the save of the statute the plaintiff in bar of the  conusance plead protestand that the say priest non to hold and protestand to  all the mean conveyance pro plea to say that the say sir Henry Compton and the  say John Blund nec some the who estate they have in the say manor be seize of  the say rend within forty year ante time quo c thereupon it be demurrer and  this case be oftentimes argue at the bar and bench the sole question be  whether this rend be within the statute of Henry c a it be move again on  another day in the term and judgement give for the defendant post a cro James  hob more roll roll Goldsb style Bulst Bulst Leon lane dyer croak car er p of  limitation b for if it be then no seize be have within forty year as be  confess by the demurrer be be to be bar of that conusance Yelverton Hutton and  Richardson justice argue for the defendant that although it be a rend within  the word of the statute yet it be out of the intent of the statute for the  statute extend only to rend service and rend by prescription but rend which  begin by deed within time of memory be create quasi by a Act of parliament and  so their beginning know be out of the intent of the statute for that intend  only such rend whereof seize ought to be allege in a avowry and be allege  shall bind the party unless there be a traverse and when seize be allege it be  but formal and not the substance as it be where a avowry be make of a rend  create by deed or reserve by grant within time of memory although seize be  there allege croak car yet it be not traversable but the deed only which be  the title as it be hold in sir William foster case a and Lofeilds case b so  rend create make by Act of parliament the beginning thereof be by the Act that  be his title and the seize be not material and although the say rend be a  rentservice yet by the construction of the Act of Edward c it be turn into a  rentseek and the beginning of that turn be know it be therefore as a rend  create by parliament Yelverton and Hutton call it a rend come out of the womb  of the parliament and therefore no time to have seize thereof within forty  year for the statute preserve it to he and as he have loss thereby as lord  that he can have escheat and other profit which a lord have so have he benefit  that laches of time or seize although a hundred or two hundred year shall not  prejudice he and therefore compare it to the case of a rentcharge by deed or a  rend grant upon equality of partition in a avowry for they although seize be  allege yet it be not material nor traversable nor be it of necessity to allege  it and this statute of Edward c take away the seignory the rend which be the  fruit ought to be construe as liberal and beneficial as may be and this avowry  be ground upon the statute of Edward c which he show in his avowry and  therefore be out of the statute of limitation which extend to avowries at the  commonlaw but they agree that it be the same rend in estate as it be before  videlicet if it be a estate for life the remainder over so it shall be now and  if it be descendible on the part of the mother so it shall now descend in the  same manner but it be alter in quality for it be turn into a rentseek and the  beginning thereof be know be therefore out of the statute id be out of the  intent of the statute although not out of the word and compare it to the case  where confirmation be within time of memory to hold by ten shilling rend  whereas before he hold by twenty shilling rend although there be not any seize  of this rend within forty year yet it be out of the statute as if judgement be  in a per who the condition of a slave such rend be out of the statute because  there be a record thereof so forasmuch as this rend be turn into a rentseek by  the parliament it be out of the statute but it be argue by Harvey and myself  to the contrary that this be within the statute for the statute extend to all  rend suit and service so it be within the word and we also conceive it to be  within the intent for although it be a new rentseek and be before a  rentservice and the time of the alteration thereof be know yet because the  beginning of the creation of this rend be unknown and it be the same rend it  be before for it be parcel of the manor as before as ass which prove that it  be a ancient rend time whereof memory c and also the seize before it be turn  into a rentseek be sufficient to have a assize as Bevills case c and therefore  the rend be a ancient rend be distrainable of common right and that this be  not a new rend make or create by the Edward c appear by this because the  statute save only all ancient rend c and by construction of croak car law this  shall be take to be and save to the lord as a rentseek because the king can be  a tenant nor hold of any as the tenant before do a and this rend be not as a b  see mary c and James c a   b   c   a dyer   a   b   light b Plowd   roll ab  croak car er p rend give by the statute for a save in a Act of parliament be  no give of any new thing unless in some special case be a save of that which  be in be before and it be quasi a exception or foreprise out of the statute as  it be hold Plowd Henry ass Edward Edward Henry title parliament so this save  be general do not give this rend but be a save of it out of the statute where  otherwise it will have be extinguish and lose for every one be intend to give  all their right in such land or rend issue out of the same but only such as be  save thereby so the statute do not give nor make any new thing by the save but  save that which before be in be and so it be the same rend and this be prove  by the averment that he have such rend before so it be not to be compare to a  rend make or create by a deed or record within time of memory for this be a  rend whereof the beginning be not know and therefore of necessity seize must  be allege thereof in a avowry and this seize be always traversable for in a  avowry the seize be the principal matter which ought to be allege and it shall  be traverse as it be hold in   a Bucknalls case Henry Henry averment and seize  allege ought to be confess and avoid as by coercion of distress or traverse  and a traverse shall Dever be of a seize general but ever of a seize within  time of limitation as the book be dyer   warren case cite in foster case Henry  Keilw Henry Henry dyer and whereas it be affirm that seize shall not be allege  or traverse because the rend be change within time of memory that can be a  reason for then when the lord purchase the tenancy or mesnalty be shall have a  surplusage of the service which be notwithstanding distrainable of common  right as the book Edward extinguishment Edward avowry and therefore it be  against law that the lord shall be bind in that case to any time of seize and  this statute of limitation be favourable to be expound to repress the mischief  and not to be enlarge in time further than the statute appoint as Plowd per  large bowl in case of fine which be the reason there give that copyhold be  within that statute and it be within the mischief and remedy intend by the  statute ought to be construe accord to the rule in   Heydons case wherefore  they conclude for the plaintiff but by reason of the opinion of the other  three justice judgement be give for the defendant but afterward a writ of  error be bring in the kin be bench upon the point of law the judgement be  reverse quod vide postea page croak car case memorandum sergeant at law and  their servant shall be implead only in the common plea and not elsewhere Inst  cro James lev ld raym Bl Com Bl Com in the last vacation a servant to sergeant  headly usual attend on he be arrest on a process out of the court of the  Marshalsea and thereupon obtain a writ of privilege out of this court recite  that sergeant at the law who be attend this court and their servant ordinary  wait on they ought to enjoy the privilege to be sue in this court which be  deliver to the steward of the say court he will not allow thereof suppose  sergeant at law ought not to have such privilege for they and their servant  and that he may not be sue by bill file against he as Henry pl dyer book of  entry and now this matter be move to this court that they ought to have the  privilege for they be proper attendant at this bar and none other be admit to  practice here and although peradventure it may be doubt whether he may be sue  by bill file because there can be a forejudger against he yet he may be sue  here by original and precedent be show one where martin sergeant be arrest in  London at the suit of the bishop of Winchester and at the suit of other and  have a writ of privilege recite that sergeant at the law be to be attendant to  the say court ex duty plus how alibi and that their service be necessary at  this croak car er p bar and therefore command they to surcease and to  prosecute their suit in the common plea whereupon it be allow and the party  discharge of the suit in the court of Marsbalsea Hilary term car in b r a copy  of the record and writ produce be as follow king mayor et viscount London c  cum all men et one de curian our men de banc in to come versus curian our men  ibidem to delay et thence versus not common with others Of persons sub  protection our men be to withhold et a all time drive back to become used law  it agrees together agreed Self et who in eaden curian our de our men ligis to  retain worthily to hold forth pro the same nostrum privilegi specifically  cover quietly to ward off no one liceat judgment secular placita versus eos  custom nisi in feloniarum appealorum well unconstrained tenementi cause alibi  how in banc prediction understand well rashly quidam yet Henry bishop  wintoniae et Johannes Podridge curiae our men prediction privileg not to know  nec ingendo nee indigend ministerium John m servient ad law who ex duty lean  forward in curian that rather how in alian to attend especially cum eaden  curian beyond gradus a mask how to be a servant ad law non to let pass to  visit debtor complaint videlicet prediction bishop One super demandum l et  prediction Johannes Podridge alteran super demandum de l versus Self Johan m c  in person thou a saying beforehand mayor tenendas affirmare et per certan good  svan per minister your attachiari contra prediction curiae our men privilegi  minus debit to take care of thou a saying beforehand major complaint  prediction in person thou in curian your circiter prediction summas  persistitis terminand prout ex Self I m complaint to take without effort unde  we supplicavit Himself per our de remedy to see in advance et because eiden I  m become quod be justice et freedom et privilegi curiae prediction inviolable  to watch to will thou to take beforehand quod thou a saying beforehand major  si complaint prediction well earundem alteran to take croak car otherwise thou  a saying beforehand viscount de plea to sit upon complaint well earundem  alteran in person thou et who your de plea strike against et other whoever  versus praeatum I m wherever nomin to tax in person thou to sit curian our men  de banc prediction movement well movandis to sit upon entirely test c note  this writ well that sergeant only shall attend at the common plea and shall be  implead there and not elsewhere a case memorandum the ceremony of call Mr  sergeant Vernon George Vernon a reader of the innertemple receive in the time  of the last long vacation a writ to be sergeant returnable mensae michaelis  and thereupon he appear upon the last day of October which be the quarto die  post in chancery yet the prothonotary say that he may have appear there the  first day or any day before the four day be swear in chancery he have  afterward day give he to appear in the common plea until the that of November  at which day he come in the morning to sergeantsinn in fleet street accompany  with the bencher and other of the society of the innertemple and there before  the justice of the same house and Lord Richardson chief justice of the common  plea the other justice of sergeantsinn in Chancerylane not be present be go in  attend with the warden of the fleet and the usher of the exchequer and there  without any speech make as the usual course be by chief justice be recite his  count and after demand of oyer of the writ by one of the sergeant the writ be  read by the chief prothonotary and defence make by another sergeant be kneel  and his coif and hood be put on and be dismiss and afterward the same day go  to the common plea and be there present by two of the king ancient sergeant  and then recite his count and defence be make and the writ read and he place  in his place of puisne sergeant Mr George wile one of the utter barrister of  the Inner temple deliver ring for he with this inscription king law regnique  patron afterward upon the a say vide salk Mod lev keb Mod strange contra croak  car er p seventeenth day of November the same term he be make one of the baron  of the exchequer hob Brownl Brownlow chief prothonotary show I these precedent