case action against Barham ante to what place the v venire facias shall he  award post roll ab cro James ld ray error of a judgement in the common plea in  trespass for the take a ox in Mynshal the defendant justify because land in  Dodington be hold of he as of his manor of Chelsea by a heriot custom the  issue be upon the tenure a venire facias be award from Mynshal Dodington and  the manor of Chelsea and a find for the plaintiff and judgement thereupon  accord the error assign be because the venire facias be award to more will  than it ought to be for by this a it be move again in Hilary term and  judgement give for the defendant post croak Elizabeth er p mean the sheriff  may return more from the place where there can be any notice and the party  thereby croak Elizabeth prejudice and therefore it be a equal mischief where  the venire facias be to more will than it ought to he as where it be to few  and Walter for the plaintiff cite a judgement in the exchequer in a  information of a intrusion of land in d and S for the land in d they be at  issue for the land in S it be demurrer and a venire facias be award from d and  S and after verdict it be move in arrest of judgement and for this cause it be  stay Popham c j and all the court hold that if a v venire facias be award from  more will than it ught to he it be ill and erroneous for the mischief which  thereby may happen to the party for peradventure the sheriff will return but  one or two from the place where hest notice may he give and all the rest from  place where it need not and who by intendment can have as good notice as the  other a but they all hold that the venue be well award in this case for  Mynsbal which be the place where the take be be as much necessary as the other  for although the issue be upon the tenure yet the damage be also to he inquire  of and they of the will where the take be may have the hest notice thereof  therefore the v venire facias award from that place also be well enough  wherefore the judgement be affirm