case the king and queen against wait a inquisition for a forcible entry be  good although it be not state that the juror be then and there swear and  impanel a motion be make to quash a inquisition for a forcible entry the  exception be first it be say per sacrament dvodecim c jurat et impanellat c  and do not say adtunc et ibidem jurat c for if the time and place be not  sufficient ascertain the inquisition can be good because the fact may be  commit above a year pass and a case in dyer dyer a but see the argument in  Vaux case   b where buckler case be deny to be law see also hawk p c ch S king  v morris stram a be cite for this purpose videlicet in the five year of Edward  the six modern one buckler be indict and outlaw for murder in the court of  king bench de eastern quod such a day and year at such a place he make a  assault upon modern er p b et Self cum in little knife c felon percussi to  strike down et murdravit without say adtunc et ibidem and for this reason the  indictment be adjudge to be ill but notwithstanding this authority the  exception be not allow in this case because it not material here to show the  place c for the party can not be amoved so as to make the defendant guilty of  a forcible entry from any other place but from the land second exception by  the statute of Henry c restitution be to be grant where the tenant of the  freehold only be put out of possession and the statute of James c make no  alteration of any former law but only grant restitution where a termor for  year c be put out of possession now in this case it be not say that the tenant  of the freehold be oust but that the lessee for year be oust and it be compare  to a case in the king bench in Michaelmas term Elizabeth iz there be a lessee  for year and a reversioner and a indictment be bring upon this statute set  forth that the defendant to drive out et disseizivit he in reversion et a  certain I S to hold to drive out which last word be apply to both and two can  be expel where but one be in possession and therefore it shall have be that  the tenant of the freehold be seize and the lessee for year expel and for this  reason the indictment be hold to be nought by dolben and Eyre justice the  other send away