case skinner against newton a declaration in trespass that the defendant with  force and arm three piece of land break and enter c of he the plaintiff  contain so many acre c be have S c ante this case be again speak to this term  it be insist that the declaration be nought by reason of the word tres pecias  terr use instead of enclosed space it be observe that there be several  distinct species of action of trespass videlicet quare house to break in  pieces where trespass in house quare enclosed space where in land quare  sparing when in park quare piscariam when in fishery modern report may it not  now be say that earth to break in pieces will do for any of these for a grant  of the land passes the fishery house c No by no mean for if that may be allow  the various species of action of trespass will be all confound the word  enclosed space import possession but so do not the word pecia and from  Yelverton it appear that there must be word set forth the possession of the  plaintiff by a necessary and not a argumentative implication in roll Abr title  indict the same rule be lie down in forcible entry that the word enclosed  space import possession appear from the definition of the word in Du fresne  glossary somner in his Saxon dictionary the best of the kind say that the  expression enclosed space to break in pieces be very ancient and synonymous to  our English word hedgebreaking the law make the enclosure trespass in a common  where all be open must yet be enclosed space to break in pieces a see the  yearbook Henry pl and Lutw a this way of declaration will serve for a highway  to which everybody have a right where a man have a grant only of the herbage  or vesture he must declare enclosed space c the word property in forcible  entry be hold have for the uncertainty b roll b and so be roll Abr in Keble  the word curtilagium though more certain than property be yet hold have in a  indictment for trespass Carucatum terr to break in pieces be have for  uncertainty pecia terr be have in a ejectment c more vent c this be a form  writ in the register and therefore exact to be comply with if it be say that  this ought to be plead in abatement it may be answer that by I roll it appear  that this may be take advantage of in arrest of judgement and roll Rep this  difference be take that where it appear to the court from the writ itself that  it modern report ought to abate there the court ex duty ought to give  judgement against the plaintiff though the defendant do not plead it in  abatement otherwise where this do not appear in the writ for the defendant in  error it be argue that the word enclosed space do not ex way modern report er  p termini import possession without the addition of the word Self the  plaintiff that the only question be whether there be certainty enough in the  description of this trespass for the defendant to plead the recovery in this  action of trespass in bar of another action bring for the same trespass and  that it appear from the declaration that for this purpose there be certainty  enough the end of the declaration in trespass be to describe the trespass so  certain that the defendant may know how to answer Eyre justice it be indeed a  barbarous expression but if gardinum to break in pieces be good and in the  register and also boscum to break in pieces why may not earth to break in  pieces be good too the word land in legal process must be understand of arable  ground though in way of grant it may signify any thing and if it be terrain of  the plaintiff it be enclosed space of the plaintiff for the law make the  enclosure beside the defendant after plead to it can take advantage of it in  error but notwithstanding ut hear in Trinity term in the thirteenth year of  queen whether judgement be reverse nisi