case sir William fitzwilliams case a indictment for a forcible detainer be  good without allege that the defendant enter peaceable post   light cro  Elizabeth Yelv   Com dig salk burr Lord raym hawk p c indictment upon the  statute of Henry c against sir William fitzwilliam and diverse of his servant  for that they such a day and year at d to go into in One messuagium to step  out book property cujusdam John Fitzherbert William arm et Self a book  property his ind injust et without judgment disseiziverunt et Self such ind  drive out extra possession ind way et arms ac manu strong extra to hold et  alian c the first exception for that it be allege quod to go into and it be  not say pacific as the usual course be where the indictment be forcible  detainer for otherwise it may be that the entry be also with force which ought  to be mention certain and every indictment ought to be so certain that there  ought not croak throw to be any ambiguity therein which be the reason that a  indictment always mention the entry to be either pacific or forcible as the  case be otherwise it be not good gawdy and Yelverton be of that opinion for  indictment ought to be precise and certain in every point and shall not be  take by intendment as indictment steal be One horse although that can be but  felony yet because it want the word felon it be ill so a indictment quod to  seize and carry off et carnally cognovit ankle pvellam contra will svan  without say felon be ill so a indictment quod felon et ex ill will svan  prcecogitata to strike down such a one without say murdravit be no indictment  of murder although those word tantamount but Popham and Fenner hold that the  indictment be good enough for the indictment may be upon this statute upon  both branch thereof for the enter with force and detain with force or upon any  of they by itself then when the indictment mention that he enter general it  shall never be intend to be with force unless it be show and a indictment  which charge any with a tort ought to be precise in the point of charge the  offence or tort as in the case before put a but where the indictment be not to  charge he for his entry but for his forcible detain only it be good enough for  no force shall be intend unless precise allege and although indictment use to  mention that he enter peaceable it shall not be intend but that without those  word it may be good enough when it be not to charge he with any forcible entry  croak throw hilary term James in the king bench sir John Popham Knt chief  justice sir Edward Fenner Knt sir Francis gawdy Knt sir Christopher Yelverton  Knt sir David William Knt justice sir Edward coke Knt attorneygeneral sir  Thomas Fleming Knt solicitor general