case Jackson and crisp against the mayor OF berwick Trinity term car roll in  covenant on lease date at York of land in Berwick and issue join on a breach  assign in Berwick the plaintiff on a suggestion that Berwick be in Scotland  may change the venue to the next adjoin English county S C side S C lev S C  vent S C raym S C keb post   sand Mod Vaugh sand raym lev Mod Mod Mod Mod ld  ray ld ray salk stram stram burr Com dig action n Cowp king v Amory term Rep  term Rep a action of covenant be bring against the mayor burgess and  corporation of Berwick upon a indenture of demise wherein the plaintiff  declare that the defendant do demise to they a house in Berwick with a  covenant that the plaintiff shall enjoy the same without interruption by they  or any other person or person modern whatsoever and allege that a stranger  claim a title do make a entry upon they and keep they out of possession the  defendant plead a local plea to wit that the say stranger do not enter upon  the plaintiff c upon which issue be join the plaintiff then make a suggestion  and pray a venire facias into the next county upon which there be a trial  Jones conceive this to be a mistrial and that the venire ought to have be de  vicineto of the castle of York where the covenant be allege to have be make  modern er p first this fault be not aid by any of the statute of Jeofails not  by the last and great of all that aid where the venire facias be award from  another place than it ought to be but not when award from another county a the  car c and see vent side lev Com dig amendment h a which be my exception that  at the commonlaw this venire facias be not well award I rely upon Dowdales  case   if a action be bring upon a matter do out of the kingdom the trial will  be where the action be lie in our case the action be ground upon a indenture  suppose to be make within the county of York but issue be join upon a matter  do out of the kingdom for so Berwick S this issue I conceive ought to be try  where the action be lie it be true in the case of Wales the law be otherwise  for I find that Wales be parcel of the realm of England though the king writ  do not run there but Berwick be part of the realm of scotland and be conquer  by king Edward the four and act of parliament name Berwick when Calais be in  possession of the king of England and a matter arise within Calais come in  issue be ever any venire facias award to Dover Twisden justice there be two  precedent of such trial one in Elizabeth roll and in roll I have ask my  brother Withrington who be a know man how it come to pass that Berwick be put  into act of parliament he say he know no other reason than that the recorder  of Berwick be at first in parliament and desire it and therefore it have  continue ever since Mr Weston say that the case of Shirley v Sackrel cro  Elizabeth be a authority a in Trinity term car the court be of opinion that  the venire be well award to the adjoin county vent and judgement be ultimate  give for the plaintiff ray lev a in this case it happen that during the cur  advisare vull one of the plaintiff die and the question be what shall be  done?Twisden justice there be a case in latch wherein this difference be take  videlicet if there be no continuance enter you may enter the judgement as at  the day in bank but if continuances be enter modern then you can go back but  must enter the judgement to the time of the continuances it be put off for  counsel to be hear in it b the court be of opinion that there be no  continuances the judgement ought to be enter as if it have be immediate give  on the return of the postea vent for that it will be unreasonable that the  delay of the court shall prejudice the plaintiff side b