Carthew lambert versus thurston hill W m b r rot Mod SC trespass way arms may  be bring in b r where the damage be lie under S but not trespass general Danv  pl Mod in trespass by way of original the plaintiff declare in this form  sacred scripture t S attachiatus to be ad to answer c l de plea transgression  unde idem c per W W attorn suum to express grief quod predict t S on such a  day c way arms enclosed space suum at h to break in pieces c and conclude ad  damnum Self c and upon a general demurrer to the declaration it be object that  it appear upon the very face of the record that this court have no  jurisdiction of the cause for this express enact by the statute of e c  Gloucester that the superior court shall not bold plea of any trespass under  the value of S to which it be answer that this be a action of trespass way  arms of which no inferior court can hold plea and so be the opinion of my Lord  Inst coke express and therefore the word trespass in the statute of Gloucester  must be intend a trespass without force of which this court can hold plea  unless the damage be above S but if trespass way arms be not punishable here  when the damage be under S they will be punish no where for it appear that  such trespass with force be not maintainable in a inferior court because a  fine can be assess there for whichreason this exception be disallow the second  exception be that the declaration be ill because the action be not bring by  bill but by original and the original writ be not set forth at large in the  declaration as it ought for this the common course in the court of c b where  they always proceed by way of original and in this court likewise when the  action be by writ and the plaintiff in his declaration have general set forth  that the defendant attacbiatus to be ad to answer to the plaintiff de plea  transgression super grammatical case without say more this be ill Carthew to  which it be answer that this objection have be often make and as often  overrule and hold that this summary way of declare c in trespass upon a  original be good thereupon judgement be give for the plaintiff quod notam  Carthew er p