case bring against COLLINGSON in trespass for break and enter the plaintiff  house and carry away his good if the defendant plead not guilty as to the  break and justify the enter by virtue of process from a inferior court but say  nothing as to the carry away queen if good trespass for break the plaintiff  house and enter into it and take and carry such and such good to such and such  a value modern er p the defendant plead not guilty as to the break of the  house and justify quoad the enter take and carry away the good for that king  be a ancient borough in which there be a ancient court to be hold by virtue of  letter patent et experience curiae pillage every three week on Thursday and  that it have conusance of all debt and action arise within c not exceed forty  pound that such a day and year I S do there levy a plaint for fifteen pound  against the plaintiff for a cause arise within their jurisdiction find pledge  and make protestation to follow c that thereupon a process be direct to the  defendant to seize his good and chattel in order to bring he to appear that by  virtue thereof they attach he by his good and chattel in the declaration  mention and they safe keep to the intent to compel a appearance Carthew on  demurrer to the plea take several exception first they show the court to be  hold by letter patent and custom which be repugnant Prat contra we show the  court be hold by several letter patent and we need not show by what king or  queen or the date of they and as to consue without tempore pron  interrog  c  it do not imply a prescription but only a usage second it be say to be hold  accord to the custom of the say court which be absurd for it shall be by  custom of the will or borough in which it be hold three it be not say that the  process be deliver to they so as they may execute it and the army pron   interrog  be not traversable and therefore in all plead where the sheriff  justify by virtue of a writ he allege that before the execution the writ be  deliver to he and the army come after otherwise anybody may take upon himself  to execute a writ sue out though not deliver to he Prat contra we be upon a  general demurrer and we say it be direct to we and that by virtue of it we  seize they which be impossible to be true if it be riot deliver to we fourthly  the attachment ought to be moderate and reasonable as to the value of  twelvepence eighteenpence or two shilling at first and if he do not appear  upon that to double that infinite and here they have take all the party good  so that if we have come with affidavit of this oppression you will have grant  a attachment for the abuse and if one abuse the authority the law give he he  be a trespasser ab beginning for the diversity be between licence of law when  abuse and actual licence of the party see the six carpenter case   a Prat  contra the process be to attach he per good et catalla and the law do not  define how much they shall take and it be in plaintiff power to have all by  give a appearance and they be only to be a pledge for his appearance in the  meat time modern five though they be aware they must show a return for  whenever the sheriff or officer to who the writ be direct will justify under  it he must show a return otherwise if under bailiff to a sheriffCro car b and  here they only say debt is owed modus retornat which may be if they bad return  no one good and the court can not make they mend or change it Prat contra we  ought to make a return true and we have so do for when we confess that we have  take the good and allege a return debt is owed modus that must be accord to  truth six we charge they in the declaration with have take the good and carry  they away and they justify only the take and say nothing as to the carry away  Trevor chief justice you have not answer the carry away so it be not within  your not guilty nor admit by your justification for if you justify the carry  they away perhaps you will have give they a new cause of demurrer for they  shall not have carry they away until failure of appearance as to the excess  that will riot make it a trespass for that be only be irregularity and your  say in the declaration that they be of such value be nothing curian accord and  seem strong for the plaintiff for want of answer to asportation but give he  time until next term to maintain it modern er p