case the king against John hopper and other in trespass the defendant plead as  to part a special justification in right of a way the plaintiff reply de in an  unjust manner svan not common with others and it be hold to be bad for he  ought to have traverse the prescription and have add without tali causan roll  ab side hard say vide vent salk Lut Bac ab on a issue on a right of way lead  from a to b the venire shall be from both place a issue to be amendable within  the Henry c must be upon the special matter and not upon the vie et arms ante  sand in a to know facias in chancery upon a recognizance against John hopper  the principal who be bind in forty pound and Timothy hopper and Thomas lane  who be bind each of they in forty pound for his good behaviour for that the  say John hopper with diverse other riotous person that may James riotous at  eleven of clock in the night forbidden enter into the close of one John  Fernels in Leverington and cut up a quickset hedge of the say close the  defendant plead as to all the offence except the enter into the close and cut  down of the quickset hedge not guilty and as to the entry into the close and  cut down the hedge he justify for that the say close in Leverington call  LeaClose be and time whereof c be a highway lead from Shelley in the say  county over the say close to Newport and because the say way be stop up with  the say quickset hedge he cut it up as it be lawful for he to use the say way  the replication be that the foresay John hopper de in an unjust manner svan  not common with others et ex ill will svan praecogitata with the other riotous  person cut down the say quickset hedge prout it be before allege et hoc petit  quod to seek after c et defendens similiter croak throw the verdict be find  against the defendant and it be now move in arrest of judgement that there be  not any issue here join for de in an unjust manner svan not common with others  a but now by Geo c S where the demise be not by deed the rend may be recover  in a action on the case croak James er p where one justify for a way or such  particular cause be no issue but he ought particular to traverse the  prescription allege as it be resolve in Crogats case a also if it shall be a  good plea to say de in an unjust manner svan not common with others yet he  ought to say without tali causan for the whole case be in issue the whole  court be of that opinion second admit it to be a good issue yet there be a  mistrial for the venire facias be only of Leverington where the close be  whereas it ought to have be also from Shelley and Newport from which place and  to which place the way be suppose to lead the whole court be of that opinion  but then it be move that here be a issue of not guilty which be for the  riotous entry and riotous assembly which be a breach of the good behaviour  wherefore the issue be well join and try for that but the court hold that that  trial of the issue of not guilty be but matter of form and the substance be  upon the special matter find and if it have be find for the defendant it shall  not have be inquire of and the trial have be ill for all wherefore it be  adjudge for the defendant that he shall be discharge