case the queen against SAINTIFF a indictment for not repair a common bridge  situate in a certain common footpath be good without state that it be in the  king highway but the session have no power by Henry c with respect to private  bridge not common in the highway unless they be public nuisance and they have  jurisdiction by Edward c SC salk SC holt SC ld ray vide Fleta Ausow pop a  indictment against he for not repair a certain common feature pantem thirst in  a certain common path pedestrian lead from such a place to such a place which  he be bind to repair ration tenure see hawk p c ch S S a and which he suffer  to be greatly ruinous et in great decasu c ad common nocumentum all men ligeor  owner queen that way transeun and judgement give thereupon at the  quartersession of which error be now bring Eyre now object to the indictment  that it do not lie for it do not appear that the bridge be in southsouthwest  wind regius way as it ought to have be per ill for it be a term of art not to  be supply by any other word no more than the word murdravit burglariter c in  indictment of murder or burglaryStamfords p c Inst dyer   hale Mod vent palm b  then if it do not appear to be a highway it must be take to be only a private  way for the not repair whereof a indictment do not lie of the other side in  maintenance of the judgement be quote west precedent Eyre further urge that  the power give to justice of the peace in this case be by the statute of Henry  c which mention that they shall judge of decay in bridge in highway therefore  they ought to show that this be such a bridge and so pursue their authority  Inst salk hawk p c ch S c holt chief justice a indictment lie not for not  repair a bridge except it be in a highway as Mr Eyre will have it but the word  highway be the genus of all public way as well cart horse and foot way and yet  a indictment lie for any one of these way if they be common to all the queen  subject have occasion to pass there that be if it be a footway only common to  they all or a horseway and a primeway and these be not nourishing a royal  palace vice for that be the great highway common to cart horse and foot that  please to use it so that the term of southsouthwest wind regius way be not so  necessary and if there be a common footway for all the queen subject if it be  ill decay a indictment must of necessity lie for it because a action on the  case will not lie without a special damage then as to the authority of the  justice they have a power by the statute of Edward c by which they be create  to inquire of all public nuisance and if this be a public bridge modern the  suffer of it to be in decay be a public nuisance and so within their  jurisdiction so all that stick with I be the manner of lie it for the word  common do not ex way termini import that it be common to all the queen subject  as it ought to do to maintain a indictment and one of the precedent produce  have the word public officer which be of wide extent than common for there be  common for two three or more and it will be hard to understand the word common  to be universal to charge a man freehold and without doubt the conclusion will  not help it if so much be not express charge in the premise and here it be not  say to who it be common it be therefore very fit to see precedent before we  determine it it be say SC ld ray that the exception to common path be overrule  and that the indictment be in this respect hold well enough on the authority  of king v thrower vent but they hold the indictment nought because it be pons  pedal instead of pedestrian S c salk a modern er p