case the case OF the forest OF dean easter term car roll if the lord enclose  and approve the waste land and the fence be throw down in the night a original  writ shall issue to inquire who the malefactor be and if the sheriff return  that it be by person unknown a distringa shall issue against the inhabitant of  the adjacent town to inquire and make good the damage post Jones Inst Skinner  dyer     roll Lut raym show side lev Mod Com dig hawk p c term Rep term Rep a  venue to a forest need not state in what parish it lie a writ of noctanter  need not show that the party injure be lord of the soil for it be sufficient  to state the grievance shortly post show the fact of approvement without  licence can be move against proceed in a noctanter but must be plead Com dig  if the inhabitant do not appear and plead on the return of the distringa on a  writ of noctanter they can take exception to the return post side Lut Com dig  a writ issue out of the chancery bear date march car to the sheriff of  Gloucester command he per sacrament estimable et of man de comitat predict to  inquire who malefactor et peace king perturbatores at forestam de dean hedge  et ditch Johan Gibbons ibidem per Self recently alleviate noctanter or tali  tempore quo factum the dawn to know non to give as a loan prosternaverunt to  the damage of the say John et contra peace et si prediction Johan to make ten  ax de warcry his to follow tunc pone per vadios et salvo plegios all men that  quos worthy of blame ibidem to come upon quod to be in person we in quindena  Paschae wherever c ad to answer we de pace break how prediction John de  transgression c croak car er p the sheriff at quindena Paschae return the  inquisition quod army short catalog predict ad to seek after recite the writ  per sacrament dvodecim c who to say super sacrament suum quod indeed  malefactor et peace king perturbatores way et arms hedge videlicet particarum  sepium et fossar Self John Gibbons at forestam de dean recently ante per Self  alleviate prosternaverunt send who aliquan parten ind to strew before a  swearer prediction ignorant et similiter to say quod way type of arms et cum  multitudine a king of Illyria malefactor et peace perturbatores prediction to  be ita quod nullus ad Self appropinquate ad Self cognoscend daring to be et  tali tempore quo factum the dawn to know non to give as a loan hedge et ditch  prediction to strew before et redierunt hereupon a writ of distringa issue  recite the first writ and the inquisition thereupon return and command the  sheriff of Gloucester quod to draw asunder relative villatas hedge et ditch  prediction around adjacent prediction hedge et ditch knock over levare ad  custodes swine to appropriate and by the same writ it wag command to inquire  who financial loss prediction Johan Gibbons occasion prostrationis prediction  particarum sepium et fossar to hold up et financial loss that eid Johan  Gibbons to set up again and to return the writ and inquisition in octab Trin  the sheriff hereupon certify quod villan de Bretills et twenty other villae  name they in the county of Gloucester are relative villata hedge et ditch  infra mentionatis circumadjacentes and further certify quod damnum in a  certain inquisition shorten annexat eid Johan Gibbon near shortness time to  set up again non to be able and return issue upon every of the say village and  that the residue of the execution of the writ appear in a certain inquisition  eiden croak car shorten annexat and return the inquisition whereby be find  that the say John Gibbons to hold up damnum occasion praemissor ad l Brampston  sergeant upon this return take diverse exception first for the forest of dean  there be not any parish name wherein it lies Sed non allocatur for a forest be  certain enough by itself second because this writ be find upon the statute of  Westminster the second c that if the lord have right to improve any big waste  c and his hedge be destroy noctanter and it can be know by the verdict of the  assize or jury who those malefactor be the town near adjoin shall be distrain  to levy the hedge or dyke at their own cost and to yield damage and he do not  show here that he be the lord of the say waste and have right to improve it  but Noy the king attorney who devise this writ say that it suffice in a writ  to show the grief shortly and if he be not any such person as may enclose it  ought to be show on the other side three it be object that this enclosure be  not show to be with the king licence and then it be without warrant but  thereto be answer that it ought to come in by plea after appearance and not by  way of exception Noy the king attorney also move that they have no day in  court because the writ and the inquisition be return the last term and they  then not appear and plead they shall not be receive to come in by way of  exception in this manner and be show a record in Trinity term Edward roll  where such a writ be award for one Nicholas de Stapleton who hedge be cast  down noctanter and not be know by who he have a writ to distrain relative  villan to repair and he say that be the precedent for this case and he pray a  new distringa may be award et to have a a see Geo c and Geo c for the modern  mode of enclose commons for plant and the punishment of those who prostrate  the enclosure croak car er p