cccxxvi broughton and prince case Broughton a apprentice of the innertemple be  farmor to the queen exhibit a bill in the exchequer quo minus c against prince  a practicer of the law in the march of Wales for maintain line I S in a suit  against the statute of maintenance to which the defendant plead that he be  counsel in lege to educate c and so justify and now it be move by Atkinson on  the part of the defendant that by the statute of Elizabeth cap that no  informer shall sue any person upon any penal statute but by way of information  or original action and not otherwise and here the suit be by bill which can be  warrant by the statute and he conceive that this suit be bring upon the  statute of I r cap upon which statute no prosecution shall be in the name of  the subject only but it may be in the name of the king only see the book of  entry where the suit be tam pro lord ring how pro he himself and there by the  king only and there by the party only and as to the statute of h cap suit upon  the same ought to be tam pro owner queen how pro he himself which see in the  book of entry also by the statute of Elizabeth cap the suit bring ought to  begin within one year after the offence commit and in our case the offence  upon which the suit be conceive be commit year before the information bring  and it can be add Leonard er p because that the plaintiff be the party grieve  for every statute make against maintenance be popular Broughton say we have  reply to the defendant that he be a lie man et non in lege to educate and pray  that the same may be inquire of by the country and the defendant prince  likewise and so issue be join and because you have such objection they shall  be save to you to move in arrest of judgement Atkinson I may offer they as  well now to the jury as well as in arrest of judgement and afterward it be  move that the defendant may demurrer upon the replication if he will and if  not the issue shall be try and if then it pass against the defendant that then  be show the matter in arrest of judgement for no exception shall be allow for  stay of the inquest if it be not a apparent fault and not only a doubt at  another day the matter be move and then it seem to the baron that the  plaintiff here be pars show with reluctance be not restrain to any year after  the offence commit but that restraint do extend only to common informer the  defendant plead that he be admit in joint pursuit those temple and there  remain a student for so many year and that he be Leonard a human being to  educate in lege and a counsellor and take his fee c the plaintiff by  replication say of his own wrong without that that the defendant be a human  being conciliarius in lege to educate hoc petit quod c ut above and Atkinson  take exception to the traverse and conclusion of it et hoc petit quod to seek  after per native land for that can be try by the country but by the judge for  here be a question of the learning of the defendant and that be to be try and  his sufficiency in this learning be to be discern by those who be skilful in  the law of the land for if a matter in law be to be try by the judge a much  strong the learning of the law be to be try by they for that be more difficult  to be judge as where the ordinary refuse a clerk for insufficiency in learning  upon which they be at issue the same shall not be try by the country but by  the bishop which see articuli allotment of land cap de idonietate present ad  kindness Church rites to stretch out examinatio ad judgment Church rites e and  see the statute of Elizabeth that pars show with reluctance in the case of  maintenance be not tie to a year and this suit be conceive to be in such  quality be a private grievance to the party himself the king not be party but  only the party grieve but where the penalty be express give to the king and he  that shall sue there all the proceed ought to be in both their name and  manwood chief baron say that this issue shall be try by the country which see  in the book of entry cro trial per pay Owen Rep mich Elizabeth in the  exchequer