Bulstrode more plaintiff against salt defendant a action upon the case for a  watercourse Ro Rep in a action upon the case for divert of a water course the  case appear to be this that a watercourse be grant in the time of king e and  afterward by another grant and confirmation this be increase one foot more  afterward the original deed of this and of the increase of it be leave in the  custody of baron Snig and by casualty of fire the seal of this be melt off in  this action the defendant be a mere stranger and owner of the land plead a  special non be milk upon this the court be move that he may plead the general  issue and then the jury may well find all the special matter for the court to  judge upon but upon this plea the deed be to be show here in court and then it  will appear to be no deed because it want a seal coke chief justice we can aid  you in this for if his right depend upon a deed if he lose his deed by this he  lose his right and no remedy here for he curian absent dodderidge agree with  he herein afterward the book of e be remember be that if one have a deed and  the party from who he have it take the deed from he and pull off the seal that  he may plead this deed without show of it but shall plead that his adversary  have do this it be urge that ne granta pass a stranger may plead but not non  be milk but a executor may plead non be milk and in this principal case baron  Snigs affidavit be show prove the verity of all this the whole court make  answer that this will no way at all move they notam that afterward upon this  action bring for divert of this watercourse the plaintiff claim the same by  prescription upon non culp plead a verdict be find for the plaintiff it be  move in arrest of judgement that the trial here be not good the prescription  for the watercourse be lie to be in one parish to have a watercourse to his  close in another parish and upon non culp plead the venire facias be for a  jury of both the parish whereas the same ought to have be but of one of the  parish S of the parish in which the divert be lie to be if the prescription  have be traverse there the venire facias to have be of both parish but when he  lie here the prescription in one parish and the divert in another and non culp  to this plead this go only to the place where the divert be allege to be and  not unto the other and therefore the venire facias ought to have be of this  parish only hill Elizabeth b r rot between ban and brag this difference be  here resolve if the prescription be traverse there the venire facias to be of  both place but where non culp be plead there the venire facias to be only of  the place where the divert be lie to be dodderidge justice the ground of the  action here be the prescription and non culp be plead this go to all before  allege and here the prescription be to be prove and therefore the venire  facias ought to be of both the parish clear and the same be so here be well  award Bulstrode Haughton justice in a assize for disseizing one of his common  in one place and he claim this by prescription in another place the venire  here be to be of both place dodderidge agree with he herein and it be clear  that if the prescription be in issue as it be upon non culp plead all be here  put in issue the venire facias be to be of both place but if the party be upon  a special issue that he do not divert the same and so be upon this only touch  the diversion here the venire facias be to be only of that place where the  divert be lie to be another exception be take to the declaration because he do  not lie that he be possess of c at the time of the divert dodderidge when he  lie the possession in himself for diverse year before the action bring it be  to be intend that he be still so possess at the time of the Bulstrode er p  divert and this be plain for it be here allege that he be seize on the day of  c ipsoque such existent to visit c this be well and sufficient lie the whole  court agree with he herein that the declaration here be good and the venire  facias well award and so by the rule of the court judgement be enter for the  plaintiff