case the king against the inhabitant OF epworth and fifteen other will  Michaelmas term car roll a distringa lie on a noctanter if the misdoers be not  indict within a convenient time though within the year the statute extend to  all enclosure the defendant must plead videlicet that the offender have be  indict upon the return of the distringa vide ante post and the case there cite  see also Geo c and Geo c for the modern mode of enclose commons Com dig hawk p  c term Rep the king by a writ out of the chancery date June car command the  sheriff of Lincoln that he per sacrament estimable et of man comitatus  prediction carefully to seek after who malefactor et peace king perturbatores  at Epworth Belton et Hacksey infra manor king de Epworth hedge ditch et  fensuras ibidem recently alleviate noctanter prostravisse et behind per vadios  et salvo plegios quos worthy of blame to come upon ad to answer in banc king  de et super a this ease be move again and for these two error the judgement be  reverse post croak car er p to send forward in octabis michaelis ensuant et  quod to have there nomina the dawn per quorum sacrament search that to make et  breve mock the sheriff hereupon return a inquisition take October car at  Lincoln whereby it be find quod quidam malefactor et peace king perturbatores  primo maii car et to visit a day et turn inter the say first day of may car et  primo June car at Epworth Belton et Hacksey predict infra manor king de  Epworth predict way et arms et cum multitudine a king of Illyria ignotor  perticatas fossator fensurarum king at Epworth Belton et Hacksey predict  recently alleviate in night speaker a day prostravera ad grave damnum speech  domini king say who that ditch et fensuras well aliquan parten the same such  to strew before a swearer prediction inside ignorant et similiter to learn  quod malefactor prediction who be injured prediction in such a manner ut above  dictum be to make cum tali way et multitudine a king of Illyria et in  nocturnal time prediction To bring together et perpetraveru ita quod nullus ad  eos to come near ad Self cognoscend daring to be upon this return a writ of  distringa issue out of the king bench test October car recite the say writ  return and inquisition command the sheriff to distrain relative villatas ditch  et fensuras prediction circumadjacentes ditch et fensuras prediction prostrate  levare ad custus swine to appropriate and command he to inquire per sacrament  estimable c quod damnum king to hold up occasion prosternationis to say before  a pole fossator et fensuraruni et financial loss that we to set up again this  writ be returnable tomorrow Martini follow and hereupon the sheriff return  quod villata de Epworth and fifteen other village there name near village  circumadjacent to the foresay ditch and fence et quod king to hold up  financial loss occasion in shorten prediction specificat ad l et quod near  shortness time non to be able levare financial loss prediction de terris et  property strike against ita quod speech lord king to set up again and return  issue upon the inhabitant of every village ad relief fossator et fensurarum  predict ad l croak car afterward another writ of distringa Nov car issue  recite the first writ and the return thereupon and the writ of distringa and  the return thereupon and that the king be inform that the say ditch et  fensurae not yet alleviate to step out and therefore command the say sheriff  to distrain the say village of Epworth c per in all respects land et catalla  svan c ita quod Self ad custus swine to appropriate ditch et fensuras  prediction knock over leve ac we predict l pro financial loss prediction who  our sustinuim occasion prostrationis predict a pole fossator et fensurarum to  set up again roll upon this move that the first writ be not wellgranted for it  appear by the writ and inquisition that the prostration be a the first day of  may car and continue till the first of June car so as it be a short time  videlicet but five day before the writ bring which ought not to be but there  ought to be so long distance as the country may have a convenient time to  inquire which ought to be a year and so it be hold in James second it do not  appear that this prostration be of any fence c of the common which be improve  for the statute do not extend to all enclosure but to the throw down of fence  upon improvement of commons three that the writ do not make any mention that  the malefactor be nor indict but sir John bank the king attorney answer to the  first that he have see the resolution in James and it be not that there shall  be a year to indict the offender but there ought to be a convenient time and  that the court shall adjudge whether the time be convenient second the statute  do not only extend to the prostration of enclosure to be improve out of the  common but to all enclosure and it be for the benefit and peace of the  commonwealth and shall be expound most favourable for the king and the benefit  of the commonwealth and if it extend only to improvement of commons it ought  to have be plead a that this enclosure be not any parcel of the common improve  a vide raym croak car er p three the defendant shall have plead if any of the  offender have be indictedEt adjournatur see Geo c