case OF cinque port cinque port note that coke say that it have be adjudge by  three judge against one in a case of cinque port that the cinque port can  prescribe to take the body of a freeman in withernam as they use for another  for this be against the statute of great Charta quod nullus libre a human  being imprisonetur nisi per of judgment and also against the liberty of a  subject but they more incline that they may take the good of one in withernam  when another be arrest and they retain and this seem the more reasonable  custom and prescription the case be tenant for life the remainder for life  with warranty the first tenant for life be implead and he vouch he in the  reversion but he first pray in aid of he in remainder and if this aid prayer  shall be grant this be the question and it seem by Nichols sergeant that it  shall not be grant see h where it be agree that if a man make a lease for life  remainder for life remainder in fee and the first tenant for life have aid of  he in remainder for life and he in fee joint and Edward in trespass against a  miller which take toll where he ought to grind tollfree the defendant say that  I have the mill for life and that he be his deputy the reversion to W in fee  and pray aid of the tenant for life and of the tenant in reversion and have it  of the tenant for life and not of he in reversion and this for default of  privity as it seem to brook aid Haughton conceive that it shall be grant for  tenant for life notwithstanding that he may plead any plea yet he do not know  what plea to plead without he in reversion but by the aid pray all the estate  shall be reduce into one and the warranty shall come and for that he conceive  that the first tenant for life shall have aid of duplicate in remainder for  life winch justice conceive that aid shall not be grant against the first  tenant for life against he in remainder for life for he conceive that aid be  always to be grant when the defect of he and his estate which pray it be to be  supply by he which be pray that this be the reason that be may have aid of his  wife and where there be many remainder the first tenant may have aid of they  all otherwise where be be tenant for life the remainder for life and the  reversion expectant for the tenant for life can supply his defect and with  this agree the express book of Edward Fitzherbert aid and so be conclude that  it shall not be grant Brownlow goldsborough Warburton justice doubt and  insomuch that the grant of aid where it be not grantable be no error but  otherwise of the deny of that where it ought to be grant he will be advice but  be conceive that the cause for which aid be grant be not the feebleness of the  estate of he which pray it only but to the intent that they may join together  and one defend the other for tenant for life may plead some plea which he in  reversion may plead save the join of issue in a writ of right and he have a  manuscript of the Richard where tenant for life the remainder for life the  remainder for life be and the first tenant for life have aid of they both in  remainder and so conclude coke chief justice that aid ought not to be grant in  this case insomuch that he which be first tenant have great estate than he in  remainder for his estate in remainder be more remote and uncertain and to the  book of r he agree that the aid be grant of all in remainder but there they in  remainder have estatetail and he say that aid be to be grant in two case in  personal action to maintain issue and when tenant for life pray in aid of he  in remainder or reversion without which they can answer nor plead nor issue  can be deduce but so it be not here for the first tenant for life may answer  and plead to the issue as well without he in remainder for life as with he for  if tenant for life remainder in tail remainder in fee if the first tenant for  life be implead he shall have aid of he in remainder in tail otherwise if the  reversion have be to the first tenant for life with Brownlow goldsborough er p  a niesn remainder in tail Edward Edward Edward and Edward receipt tenant for  life reversion for life remainder in fee be he in reversion for life shall be  receive upon default of the first tenant for life and if he will not then he  in remainder in fee shall be receive and yet he shall not have waste as it  appear by Edward for this destroy the first estate but the receipt maintain  and preserve it and he say that the Edward aid before cite rule this case and  so of h and so be conclude and insomuch that Warburton doubt of it it be  adjourn trinity James in the common bench