case the king against ware and lime a ancient highway can be change without  the king licence first obtain on a ad quod damnum although a inquisition find  that it be no damage to the king to grant a licence Vaughan Yelv burr Com dig  hawk p c information whereas there be from the time whereof c a common highway  in ColdAshby in a lane call Cricklane lead to diverse markettown as well for  horseman as for footman and for carriage that the defendant on the first of  Julie car with hedge and ditch erect cross the lane enclose and stop the say  way and hold it enclose and stop whereby c the defendant confess that there be  such a common highway prout in the information and that they enclose and stop  it but they say that the say way be so foul and surround with water and dirt  that passenger can not pass there croak car er p without great danger and that  before the stop of the lane videlicet on the that may car for the profit and  ease of the passenger one Carew sand be seize in fee of a close adjoin to the  say lane lie out another way more commodious for the king people there to pass  and before the lie out of that way videlicet that may car a writ of ad quod  damnum issue to inquire whether it be to the damage c if the king shall grant  such licence to the defendant to stop the say way and thereupon a inquisition  be take saint may car that it be not to the damage c if the king shall grant  such licence c for that another way be lie out as beneficial for the people  without hoc that they enclose and stop it with hedge c ad common nocumentum c  croak car the attorney general upon this demurrer it be now move that this  plea be ill in matter and form because the allegation that Carew sand lie out  another way more beneficial for the king people not appear by what authority  he do it be not good for it be but at his pleasure and may stop it when he  will and by the lie out the subject have not such a interest therein as that  they may justify their go there nor be it any such way that the inhabitant be  bind to watch there or to make amends if any robbery be there commit nor be  any person liable to repair and maintain it also the plead the issue of the ad  quod damnum and the inquisition thereupon be to no purpose when he do not  plead that he obtain licence for that be only on purpose to enable he to  obtain licence a and therefore the plea be ill vide register another exception  be take because the traverse be ill that be do not enclose ad nocumentum c the  court therefore for these reason hold the plea ill and give rule for judgement  croak car michaelmas term car in the king bench sir Thomas Richardson Knt  chief justice sir William Jones Knt sir George croak Knt sir Robert Berkley  Knt justice William Noy Esq attorney general sir Richard Sheldon Knt solicitor  general case memorandum in the vacation sir James Whitlock one of the justice  of the king bench die in his house at Fauly in the county of buck and sir  Francis Harvey one of the justice of the common plea die at his house in  Northampton and sir Robert Berkley the king sergeant of the middle temple be  make and swear justice of the king bench the eighteenth of October and Francis  Crawley the queen sergeant be make and swear justice of the common plea the  same day