The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.

Mich. 18 Jac. Clerk versus Wood.

CLerk brought an action upon the case against one Wood, alias War∣ren, and count that he was seised of an house and twenty acres of land, &c, in Thursfield; and that he and all those whose Estate he hath, have had a Common in seven acres in Thursfield; And that he and all those, &c. have had one way leading through the said seven acres, and from thence into one Common way leading to Buntingford, and from Buntingford to Blakeley: And that the Defendant had plowed and turned up the seven acres, and estopped the way. The Defendant plea∣ded not guilty, and the Venire facias awarded de Tursfield. And it was moved in Arrest of Iudgment by Serjeant Jones, that it ought to be from all the Towns through which he claim his way, for he ought to prove it in evidence, viz. that he had a way, or otherwise he is not endamnified. But it was resolved that the tryall was good, for Not guilty is properly a deniall of trespasse and disturbance; and though

he ought to prove title to the way, yet it is sufficient if he prove title to the way by and through the seven acres upon evidence. And yet if the Prescription had been traversed, then he ought to prove all the way, any the tryall shall be from every Town through which the way is pleaded to be extended, quod vide 10 E. 4. fol. 10. where it was in two Counties, and the Venire facias shall be from both, and the tryall shall not be by Nisi prius: vide the case between Reyner and Water∣house supra.

Notes

• Case.
• Ven. fac. upon prescription for a way in divers Town••.