case sawyer against Wilkinson Trinity term Elizabeth good bring to  leadenhallmarket and sell can be distrain as damage pheasant ante ld raym  strange will trespass for the take a oxhide June Elizabeth at saint Peter in  Cornhill the defendant justify for that the mayor and commonalty of London be  seize in fee of a house call leadenhall be the place where and because the say  oxbide at the time aforesaid be there damage feasanb he as croak Elizabeth  bailiff to the say may that and commonalty and by their command take it there  damage pheasant c quo be she they transgression the plaintiff say that London  be a ancient city and that a common market be keep there every Friday within  leadenhall aforesaid for bide and other thing that the say June Elizabeth be  Friday and marketday there and that he buy the hide in the market there of one  W b and deliver it to William hunt to carry away and the say W hunt put it  upon his shoulder ready to carry it away and he have it in a basket upon his  shoulder and go therewith from leadenhall the defendant take it c which he be  ready to aver c and hereupon the defendant demurrer first for that the  defendant justify damage pheasant and the plaintiff show this matter to take  from he his authority for the caption and he vary from the manner of the  caption and do not conclude his plea quo be eaden second because the defendant  justify for a take which be intend upon land damage pheasant and the plaintiff  speak of another and do not traverse say non allocatur for the plaintiff show  the special cause of the hide be there and that for this cause the defendant  have colour to take it but by reason of the matter in law which he show his  take be not justifiable it seem that the replication be good and he need not a  traverse and the conclusion of the plea quo be eaden transgression be not  requisite because he agree in the place and time of the caption but show cause  why it be not distrainable and they all agree that this oxhide bring into the  market and sell can be distrain damage pheasant Popham hold that the plaintiff  ought to have traverse for he do not agree in the manner of the caption but  gawdy and Fenner contra croak Elizabeth er p because it be his matter in law  and therefore it suffice to plead it without any traverse wherefore itwas  adjudge for the plaintiff