case craven vers Hanley in this cause the court take time to consider whether  the plaintiff shall have leave to sign judgement the verdict be find for the  defendant upon the ground of the plea confess the trespass and pen the  consideration of the court the defendant die and afterward the plaintiff  obtain a rule for defendant executorto show cause why he shall not enter  judgement nunc pro tunc which rule be make absolute the chi f justice declare  that if the party be entitle to his judgement and only delay by the doubt of  the court it will be very hard that he shall suffer prac Reg barn   g in c b  where the trespass be confess by the defendant in his plea the plaintiff shall  have judgement though a verdict be find for the defendant prac Reg barn   g SC  barn Str t Rep hob this be a action of trespass for enter the plaintiff close  and eat his hay with defendant cattle the defendant plead that the plaintiff  be possess of a close call little holme in the say village and that the comens  plaintiff on the that of October give licence to the defendant to eat up the  fog off the close in the say village with his cattle at any time between that  day and the that of November follow and that he put in the cattle in the  declaration to feed the fog in the say close and the plaintiff have a haystack  in the close for want of fence about the say haystack his cattle eat the say  hay videlicet six load of hay part of the say haystack without hoc that he be  guilty at any other time than between the say that of October and the that of  November follow the plaintiff reply of his own wrong c and after a verdict for  the defendant sergeant Eyre move that the plaintiff ought to have judgement  that this licence be no justification of eat the plaintiff bay and consequent  that the trespass be confess the plaintiff ought to have judgement sergeant  chapel for the defendant insist that this issue be find for the defendant  judgement ought not to be for the plaintiff it appear that the plaintiff put a  fence about his haycock but it be insufficient though the licence be to be  take strict yet the person licence be excusable if his cattle against his will  do eat the grass where way c be to which licence be give in the case of  plummer and web godb roll Rep palm S c a Popham this case in Popham and the  book quote in the margin be call by the name of web v Paternoster Noy SC a  licence b to put a stack of hay on his land afterward a lease his land to W  who cattle eat the hay no action of trespass lie this case be cite in vent and  allow for b ought to fence his bay at his peril Jon sergeant Eyre contra the  trespass be confess the plaintiff ought to have judgement though the verdict  be find for the defendant if the matter of the plea do not excuse the  defendant in eat the hay with his cattle comens now where licence be give the  party can only do what he be licence to do it be say the cattle go in a way to  which he be entitle be excuse in eat the grass that be eat what can be help he  must say raptin sparsim in the case of Poph the hay belong to he who have  licence to put his bay on the land and then no doubt he ought to take care of  it himself but here the bay belong to the owner of the land and the licence be  to eat the fog off his ground but not to eat out his hay and afterward the  court be of that opinion for the defendant ought to secure the hay at his  peril and he may justify the do so as it seem by the case mention Poph Noy  which be cite in vent judgement be give for the plaintiff who may afterward  have a writ of inquiry as the plaintiff in this case be to blame in join a  immaterial issue and thereby delay himself he will not be entitle to cost in  Kirk v Nowill term Rep where the plaintiff have reply to a plea of the  defendant which be insufficient in point of law the court refuse cost upon the  ground of the plaintiff have contribute to the cost as well as the defendant  and buller justice add he shall have demurrer to the defendant plea and by go  on to trial he be equal in fault the same point be determine in the case of  noble v Lancaster barn comens er p comens de term sanct trin I geo two in c b