Barnardiston king b the king and wind vide ante sergeant darnel and Mr  fazakerly come now and produce to the court some more case where their  exception have be allow the chief objection to it they say be the statute of  Henry cap but they observe that the preamble of the statute only recite the  inconvenience that be then as the law stand of indictment lie the very manner  in which the offence be do videlicet stick little knife sword arrow and of man  be oblige to prove their indictment in the very manner in which they be lie  for this reason the statute have provide that it shall not be necessary for  indictment to lie the fact to be do way arms videlicet stick little knife c  which be no proof at all of the statute design to alter indictment in make it  unnecessary to lie a force in they at all the only intent of the legislature  seem to be that it shall not be necessary to describe the force and that the  party shall not be tie up to the description they observe too that it be plain  the statute have always be understand in this manner from the constant method  of the precedent that have be since for they have always leave out the word  stick c but retain the other of way arms and this point be settle with this  very distinction in Ven they observe too that in common trespass the way arms  be the very circumstance of the fact which make it indictable for where a  trespass be do peaceable by a man walk over another ground a civil action be  the only remedy but the force cause a disturbance of the peace and make the  offence therefore indictable the counsel of the other side say that they rely  upon the word of the statute and the case they before cite to show that the  word way arms be in no case now necessary in a indictment however in the  present case it be clear good as the offence be lie to be do riotose routose  for that carry with it force and be good at commonlaw to this purpose a case  in cro James be apply and that of smith and bow where way arms in a appeal of  murder be hold unnecessary and Mr masterman say he remember a case determine  about six year ago where insultum fecit be hold good without way arms the  chief justice say he think the statute deserve well to be consider whether  that be not the proper construction of it which be contend for but however  upon the other point the whole court think it clear that the indictment be  good so discharge the rule for arrest the judgement Ven Mod