Declaration by

privilege for de

fendant's enter

quantities of water, and rent, tore, wetted, daubed, dirtied, damaged, injured, and spoiled the said clothes and wearing apparel, confifting of one coat, &c. of a large value, to wit, of the value of ten pounds of like lawful money: And alfo for that the faid defendants afterwards, to wit, on, &c. at, &c. made another af fault upon the faid plaintiff, and then and there again beat, &c. so that his life was thereby greatly despaired of, and other wrongs to the faid plaintiff then and there did, against the peace of our lord the now king, and to the damage of the faid plaintiff of two hundred pounds, for which he brings his fuit, &c.

V. LAWES.

MIDDLESEX, to wit. Anthony Morris was attached by his attachment majefty's writ of privilege iffuing out of the court of the bench here to answer unto Henry Bacon, gentleman, one of the attoring into plain-nies of his majefty's court of the bench, according to the liberties tiff's houfe, and and privileges for fuch attornies and other minifters of the fame itaying therein court from time immemorial used in a plea; wherefore with force for a long time, and arms he broke and entered into a certain meffuage or dwellingmaking a great houfe of the faid Henry, fituate and being in a certain ftreet cal

no.fe, &c.

led Southampton-street, in the parish of St. Paul, Covent Gar den, in the county of Middlefex aforefaid, and there made a great noife, riot, affray, and disturbance in the faid meffuage or dwellinghoufe, and remained and continued in the faid meffuage or dwellinghoufe for a long space of time, without the leave or licence, and against the will of the faid Henry, making and continuing fuch noise, riot, difturbance, and affray, and thereby then and there greatly difturbed, difquieted, annoyed, and incommoded the faid Henry and his family in the peaceable and quiet poffeffion, use, occu. pation, and enjoyment of his faid meffuage or dwelling-house, and other injuries to the faid Henry there did, to the great damage of the faid Henry, and against the peace of our lord the now king; and whereupon the faid Henry, in his own proper perfon, complains, for that the faid Anthony, on the twenty-fecond of January 1787, with force and arms broke and entered the faid meffuage or dwelling-houfe of the faid Henry, fituate and being in a certain ftreet called Southampton-treet, in the parish of St. Paul, Covent Garden aforefaid, in the faid county of Middlesex, and then and there made a great noife, riot, affray, and difturbance in the faid mefluage or dwelling-houfe, and then and there remained and continued in the meffuage or dwelling-houfe making and continuing fuch noife, riot, difturbance, and affray for a long time, to wit, for the space of five hours then next following, without the leave or licence, and against the will of the faid Henry, and there. by then and there greatly difturbed, difquieted, annoyed, and incommoded the faid Henry and his family in the peaceable and quiet poffeflion, ufe, occupation, and enjoyment of his faid meffuage or dwelling-houfe, and other wrongs to the faid Henry then and there did, to the great damage of the laid Henry, and against the peace

of

of our faid lord the king; and wherefore the faid Henry fays he is injured, and hath fuftained damage to the value of one hundred pounds; and therefore he brings fuit, &c, Pledges, &c.

Drawn by MR. CROMPTON.

when,&c.plain

And the faid Anthony, by John Marshall his attorney, comes Plea ift, Geneand defends the force and injury when, &c. and fays, that he is ral Iffue. not guilty of the faid fuppofed trefpaffes above laid to his charge, in manner and form as the faid Henry hath above thereof complained against him; and of this the faid Anthony puts himself upon the country, &c. and the faid Henry doth the like: And for 2d, That before further plea in this behalf as to the breaking and entering of the the faid time faid mefluage or dwelling-houfe in the faid declaration mentioned, tiff was indebted and there making a great noise and disturbance in the said messu to defendant in age or dwelling-houfe, and remaining and continuing in the mef- 21. 75. for goods fuage or dwelling-house for the space of one quarter of an hour, &c. fold and deparcel of the faid space of time in the faid declaration mentioned livered by defendant to plaintiff, by the faid Anthony above fuppofed to be done, the faid Anthony, and being fo in by leave of the court, &c. (acio non); because he fays, that the debted, defendfaid Henry, before and at the faid time when, &c. in the faid de- ant at faid time claration mentioned, that is to fay, on the faid twenty-fecond day when, &c. of January in the year aforefaid, at the parifh aforefaid, was, and peaceablyentered plaintiff's continually from that time hitherto hath been, and ftill is indebt- houfe, in order ed to the faid Anthony in a large fum of money, to wit, in the fum to demand faid of two pounds seven fhillings of lawful money of Great Britain, debt, and in so that is to fay, for divers goods, wares, and merchandizes before doing, &c. that time fold by the faid Anthony to the faid Henry at his fpecial inftance and requeft; and the faid Henry being fo indebted to the faid Anthony, the faid Anthony afterwards, that is to fay, at the faid time in the faid declaration mentioned, when, &c. peaceably entered the said meffuage or dwelling-house of the said Henry in the faid declaration mentioned by the door thereof, being then and there open, to demand and receive the faid debt from the faid Henry, then being in the faid meffuage or dwelling-house, and then and there did demand the fame from the faid Henry, as it was lawful for him to do for the cause aforefaid, and in fo doing the said A. did neceffarily and unavoidably remain and continue, and make a little noife in the faid ineffuage or dwelling-house for the fpace of one quarter of an hour, parcel of the faid space of time in the faid declaration mentioned, the faid Henry being in the faid meffuage or dwelling-house during all the time aforefaid, and the faid A. during all that time making a little noife, and disturbing, difquieting, annoying, and incommoding the faid Henry as little as he the faid A. poffibly could on that occafion, which are the fame breaking and entering of the faid meffuage or dwelling-house in the faid declaration mentioned, and there making a great noife and disturbance in the faid meffuage or dwelling-house, and remaining and continuing therein for the fpace of one quarter of an hour, parcel of the faid five hours in the faid declaration mentioned by the faid A. above fuppofed to be done, whereof the faid H.

H 2

hath

that the defend

hath above thereof complained againft him the faid A.; and this,
&c.; wherefore, &c.
S. LAWRENCE.

Replication, And the faid Henry, as to the faid plea of the faid Anthony by new affignment, him laftly above pleaded in bar as to the breaking and entering the ant entered the faid meffuage or dwelling-houfe in the faid declaration mentioned, plaintiff shoufe, and there making a great noife and difturbance in the faid meffuage &c. at other and or dwelling-houfe, and continuing and remaining in the faid mefdifferent times, fuage or dwelling-houfe for one quarter of an hour, parcel of the and in a greater faid fpace of time in the faid declaration mentioned, above done neceffary, and by the faid Anthony, fays that he the faid Henry by reafon of any after requeft and thing by the faid Anthony in that plea above alledged ought not notice to depart. to be barred from having and maintaining his aforefaid action

degree than was

thereof against him the faid Anthony; because he the faid Henry fays, that he fued out his faid writ and brought his faid fuit against the faid Anthony not only for the trefpafles aforesaid by the said Anthony in his faid plea laftly above pleaded in bar mentioned, and thereby attempted to be juftified, but alfo for that the faid Anthony on the faid twenty-fecond of June 1787, with force and arms broke and entered the faid meffuage or dwelling-houfe of the faid Henry in the said declaration mentioned, and then and there made a great noife and disturbance in the said meffuage or dwelling-houfe, and remained and continued in the faid meffuage or dwelling-houfe for the faid fpace of time in the faid declaration mentioned at other and different times, on other occafions, and in a greater degree than was neceffary, and after request and notice to depart from the faid meffuage or dwelling-houfe, to wit, at, &c. in, &c.; which faid trefpaffes fo above new affigned are other and different trefpaffes than the trefpaffes in the faid plea of the faid Anthony by him laftly above pleaded in bar mentioned, and thereby attempted to be juftified; wherefore inasmuch as the faid Anthony hath not as yet anfwered the faid trefpaffes above a-new affigned, the faid Henry prays judgment and his damages, on occafion of thofe trefpafles fo above a-new affigned, to be adjudged to Replication to him: And the faid Henry, as to the faid plea of the faid Anthony 2d plea, de inju- by him laftly above pleaded in bar as to tke faid breaking and enria fua abfque tali tering of, &c. &c. de injuria, &c.

caufa.

Plea to new af

ral iffue and fimiliter.

Drawn by MR. GRAHAM.

And the faid Anthony, as to the faid trefpaffes by the faid Henry fignment, gene above newly affigned, faith, that he is not guilty thereof in manner and form as the faid Henry hath above thereof complained against him; and of this he puts himself upon the country; and the faid Henry doth the like; therefore, &c.

Declaration for

entering dwel

SMELTHURST
against

LANCASHIRE, to wit. John Smelthurft complains of William Mafon, Tholing-house and MASON AND OTHERS.) mas Collart the younger, John Barlow,

making a riot

therein, breaking down a fire-grate, toffing the furniture out of the houfe into the street, and ex. pelling the plaintiff.

and

and Thomas Ridgway, being, &c. ; for that the faid defendants, on the fixth of May 1767, with force and arms broke and entered the dwelling houfe of the faid plaintiff, fituate, lying, and being at Great Bolton, in the faid county of Lancafter, and made a great noife, riot, and difturbance in the faid house, and thereby greatly difturbed and difquieted the faid plaintiff in the peaceable and quiet poffeffion, occupation, and enjoyment of his faid dwelling-house, and then and there proftrated, broke down, and threw down a certain fire-grate, and a certain wooden table of the said plaintiff of forty fhillings, then put and affixed in the faid dwelling-house, and the faid fire-grate then and there broke to pieces, damaged, and spoiled, and then feized and took divers goods, chattels, and furniture, to wit, one fire-iron, &c. of the value of one hundred pounds, in the faid dwelling-houfe then and there found and being, and with great force, fury, and violence threw, tumbled, toffed, and caft the faid goods, chattels, and furniture of the said plaintiff from and out of the faid dwelling-houfe into a certain public street and common highway in Great Bolton aforefaid, adjoining to the faid dwelling-house, and thereby and then and there greatly dirtied, fullied, broke, cracked, disjointed, fplit, damaged, and spoiled the faid goods, chattels, and furniture of the faid plaintiff, and then and there with strong hands expelled, put out, and amoved the faid plaintiff with his family from the poffeffion, occupation, and enjoyment of the faid dwelling-houfe, and kept and withheld the faid plaintiff with his family fo expelled, put out, and amoved as aforefaid from the poffeffion, occupation, and enjoyment of the faid dwelling-house for a long time then next following, to wit, from thence until the exhibiting the bill of the faid plaintiff, whereby the faid plaintiff not only during all that time loft and was deprived of the ufe, occupation, and enjoyment of the faid dwelling-houfe, but was alfo thereby greatly hurt, injured, and obftructed in his neceffary bufinefs, affairs, and employment during that time to be by him done, followed, and performed, and was put to great labour and trouble, and obliged to lay out and expend a large fum money, to wit, &c. in and about the obtaining and furnishing another dwelling-house for the habitation of himself and his family, to wit, at, &c. And alfo for that the said defendants, on the faid tenth of May 1767, with force and arms, at Great Bolton aforefaid, feized and took divers other goods and chattels, to wit, another fire-iron, &c. of the faid plaintiff of the value of one hundred pounds, there then found and being, and then and there hurled, toffed, and caft the faid laft-mentioned goods and chattels of the faid plaintiff about from place to place there, whereby the faid laft mentioned goods and chattels were then and there greatly broke cracked, disjointed, fplit, dirtied, leffened in value, and fpoiled. [3d and 4th Counts, two common affaults, and other wrongs, &c.]

Firft, General iffue: And for further plea in this behalf as to plea, liberum tethe breaking and entering the faid dwelling-houfe in the faid nemertum. Į declaration mentioned, in which, &c. and making a noife, riot, See Index.

H 3

and

and disturbance in the faid dwelling-house, and disturbing and difquieting the faid plaintiff in the poffeffion, occupation, and enjoyment of the faid dwelling-houfe, and proftrating, throwing down, and breaking down the faid fire-grate and wooden table then put up and affixed in the faid dwelling-house, and the faid fire-grate and table breaking to pieces, damaging, and fpoiling, and feizing and taking the faid goods, chattels, and fixtures in the faid first Count of the faid declaration mentioned, in the faid dwelling-house found and being, and throwing, hurling, and cafting the faid goods, chattels, and furniture from and out of the faid dwellinghoufe into the faid public ftreet and common highway in the faid declaration mentioned, adjoining to the faid dwelling-house, and thereby dirtying, daubing, breaking, cracking, disjointing, damaging, and fpoiling the faid goods, chattels, and furniture, and expelling, putting out, and amoving the faid plaintiff with his family from the poffeffion, occupation, and enjoyment of the faid dwelling-house, and keeping and withholding the faid plaintiff with his family fo expelled, put out, and amoved as aforefaid, from the peffeffion, occupation, and enjoyment of the faid dwelling-house for the faid fpace of time in the faid declaration in that behalf mentioned; and as to the feizing and taking the faid other goods and chattels in the fecond Count of the faid declaration mentioned, and throwing, hurling, toffing, and cafting the faid laft-mentioned goods and chattels from place to place, above fuppofed to have been done by them the faid defendants, they the faid defendants, by leave of, &c. alio non; becaufe they fay, that long before the faid firft time when, &c. to wit, on, &c. at, &c. in, &c. one G. P. was G. P. feifed of feifed in his demefne as of fee of and in the faid dwelling-house in the dwelling- which, &c. with the appurtenances; and being fo thereof feifed he the faid G. P. afterwards, and before the said time when, &c. to wit, on, &c. at, &c. in, &c. duly made his laft will and teftaG. P. made his ment in writing, and thereby devifed the faid dwelling-house, will and devifed with the appurtenances, in which, &c. amongst others to A. P. fame to his wife the wife of the faid G. P. to hold to her the faid A. P. and her affor her life.

house.

G. P. died.

A. P. entered and became feifed.

figns for and during the term of her natural life, and afterwards, and before the faid time when, &c. to wit, on, &c, at, &c. in, &c. the faid G. P. died fo feifed of fuch his eftate of and in the faid dwelling-houfe in which, &c. with the appurtenances; whereupon the faid A. P. by virtue of the faid devife, afterwards, and before the faid first time when, &c. to wit, on, &c. at, &c. in, &c. entered into the faid dwelling-houfe, with the appurtenances, in which, &c. and became, and was, and ftill is feifed thereof in her demefne as of freehold for the term of her natural life, and still is living, to wit, at, &c.; and the faid A. P. being fo thereof feifed the faid plaintiff a little before the faid time when, &c. to wit, Plaintiff wrong. on, &c. at, &c. wrongfully, unlawfully, and without the confent, fully intruded and against the will of the faid A. P. intruded himself and entered himfelf into the into the faid dwelling-houfe, with the appurtenances, in which, &c. and unlawfully took poffeffion thereof, and wrongfully and injurioufiy, and without the licence and against the confent of the faid A. P. brought the faid goods, and chattels, and

house.

furniture