Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...

Pinder against Dawkes.

Mich. 1650. Banc. sup.

PInder brought an Action of Trespass against Dawkes,* 1.1 and declares, quare clausum fregit contra pacem publicam, et postes et palos suos ibidem nuper inventos cepit et asportavit. The Plaintif hath a Verdict and a judgement, the Defendant brings a writ of Error to reverse the judge∣ment, and assigns for Error, 1. That the Trespass was done in the late Kings time, and therefore the Declaration should have been contra pacem Domini Regis, and not publicam. 2ly. That the Declaration is incertain; for it appears not whether the Posts and Pales were fixed to the ground or no, nor how many of them there were, and so the nature of the offence cannot be certainly known. But the Court held that the first exception was but a mistake of the Clark, and so may be amended, and as it is there is no repugnancy in it. And as to the second, the Court held that it shall be intended that the Posts and Pales were not fixed to the ground;* 1.2 and there is no necessity to express how many Posts and how many Pales the Defendant took,* 1.3 and it is not material whether they were fixed or not. But the Court would advise, and ordered Councel to spake again to it.

Notes

• * 1.1

  Error to re∣verse a Iudge∣ment in Trespass quare clau∣sum fregit.
• * 1.2

  Amendment.
• * 1.3

  Intendment.