defendants.

of the fame, and there expelling, putting out, and amoving the faid John Tory and his family from and out of the poffeffion, use, occupation, and enjoyment of the faid dwelling-house, mills, orchards, gardens, ftables, outhoufes, and clofes of land, and keeping and continuing them fo expelled, put out, and amoved from the poffeffion thereof for the faid fpace of time in the faid declaration mentioned, and during all that time having received and taken the iffues and profits thereof to their own use, and there fixing and putting the said locks and fastenings in the said first Count of the faid declaration mentioned, in and upon the faid gates of and belonging to the faid clofes of land in the said declaration mentioned, and with ploughs, fpades, fhovels, and other iron inftruments, digging up and fubverting the faid earth and foil in the faid clofes of land in the faid firft Count of the faid declaration mentioned, and with the faid cattle in the faid firft Count of the faid declaration mentioned, eating up, treading down, trampling upon, confuming, and spoiling the grafs in the faid clofes in the faid first Count of the faid declaration mentioned above fupposed to have been done by the faid defendants, they the said deLiberum tenemen- fendants, by leave, &c. (actio non); because they say, that the said fam of one of the dwelling-houfe, water-mills, orchards, gardens, ftables, outhouses, and clofes of land in which, &c. in the faid first Count of the faid declaration mentioned, at the faid time when, &c. in the faid firft Count mentioned and before, were and ftill are the dwelling-houfe, mills, orchards, ftables, outhoufes, clofes, foil, and freehold of the faid William; wherefore the faid William in his own right, and the faid Hugh and Charles, as the fervants of the faid William, and by his command at the faid time when, &c. in the faid first Count of the faid declaration mentioned, entered the faid dwelling-houfe, water mills, orchards, gardens, ftables, outhoufes, and clofes of land in which, &c. in the faid firft Count of the faid declaration mentioned, as being the foil and freehold of the faid William, and in fo doing made as little noife and difturbance as it was lawful for them to do for the cause aforefaid; and because the said first-mentioned goods and chattels in the faid firft Count of the faid declaration mentioned, before and at the said time when, &c. in the faid firft Count mentioned, were placed and were within the faid dwelling-house, and were incumbering the fame, and annoying the faid William in the enjoyment and peaceable feifin and poffeffion thereof; wherefore the faid William in his own right, and the faid Hugh and Charles as his fervants, and by his command gently and peaceably removed the faid first-mentioned goods and chattels from and out of the faid dwelling-houfe, and then and there placed and laid them at a little diftance therefrom, and in fo doing neceflarily and unavoidably a little toffed, threw, and removed the faid first-mentioned goods and chattels as it was lawful for the caufe aforefaid, doing as little damage to the fame as they poffibly could, and then and there expelled, put out, and amoved the faid plaintiff and his family from and out of the poffeffion, ufe, occupation, and enjoyment of the faid dwelling-house,

mills, orchards, gardens, ftables, outhoufes, and closes, and kept
and continued him and them fo expelled, put out, and amoved from
the poffeffion thereof during the faid time in the faid declaration as
from and out of the dwelling-house, mills, orchards, gardens,
ftables, outhoufes, and clofes, foil, and freehold of the faid Wil.
liam, and during all the time laft aforefaid had received and took
the iffues and profits thereof to and for the ufe of the faid Wil-
liam, as being the iflues and profits of the faid William coming
and removing from and out of the faid foil and freehold of the faid
William, and then and there fixed and put the faid locks and
fattenings in the faid firft Count of the faid declaration mentioned
in and upon the faid gates of and belonging to the faid clofes of
land in the faid declaration mentioned, as being the gates of the
faid William in and upon the faid clofes, foil, and freehold, and
then and there dug up and fubverted the said foil in the faid decla-
ration mentioned, as being the foil of the faid William in his faid
clofes, foil, and freehold, and with the faid cattle then and there
eat up, trod down, trampled upon, confumed, and fpoiled the faid
grafs in the faid declaration mentioned, as being the grafs of the
faid William, then growing in the faid clofes, foil, and freehold
of the faid William, as it was lawful for them to do for the cause
aforefaid, which are the fame trefpaffes in the introduction to this
plea mentioned, whereof the faid plaintiff hath above complained
against the faid defendants; and this, &c.; wherefore, &c.: And 31 Pica.
for further plea in this behalf as to the breaking and entering, &c.
(as before) above supposed to have been done by the faid defend-
ants, by like leave, &c. (actio non); becaufe they fay, that they

the faid defendants, at the faid time when, &c. in the faid firft Leave and li Count of the faid declaration mentioned, by the leave and licence cence, of the faid plaintiff by him for that purpose to the faid defendants firft given and granted, to wit, at Stamford Arundel, in the faid county of Somerfet, broke and entered the faid dwelling-houfe, mills, orchards, gardens, ftables, outhoufes, and clofes of land in the faid firft Count of the faid declaration mentioned, and then and there a little toffed about, threw out, and removed the said first mentioned goods and chattels in the faid first Count of the said declaration mentioned, being in his faid dwelling-houfe from and out of the fame, and then and there expelled, put out, and amoved the faid plaintiff and his family from and out of the poffeffion, use, occupation, and enjoyment of the faid dwelling-houfe and milis, orchards, gardens, ftables, outhoufes, and clofes of land in the faid first Count of the faid declaration mentioned, and kept and continued him and them fo amoved and put out for the said space of time in that cehalf in the faid firft Count of the faid declaration mentioned, and during the time laft aforefaid had received and took the iffues and profits thereof to their own ufe, and then and there fixed and put the faid locks and faftenings in and upon the faid gates in the faid first Count of the faid declaration mentioned of and belonging to the faid clofes of land, and then and there dug up and fubverted the faid earth and foil in the faid first Count of the

faid declaration, and with his faid cattle in the faid declaration mentioned eat up, trod down, trampled upon, confumed, and fpoiled the faid grafs of the faid plaintiff in the faid clofes of land in the faid first Count of the faid declaration mentioned, which are the fame, &c. 4th Plea, as to whereof, &c.; and this, &c. wherefore, &c: And for further entering the houfe, and tak- plea in this behalf as to the breaking and entering the faid dweling goods, &c. ling-houfe, water-mills, orchards, gardens, ftables, outhoufes, and

clofes of land of the faid plaintiff in the faid firft Count of the faid declaration mentioned in which, &c. and there making a noife and difturbance in the faid dwelling-houfe, and there feizing and taking the faid goods and chattels in the faid firft Count of the faid declaration mentioned, and converting and difpofing of the fame to their own ufe, and alfo as to the feizing and taking of the faid goods and chattels in the faid laft Count of the faid declaration mentioned, and converting and difpofing thereof to their own ufe, and above fuppofed to have been done by them the faid defendants,they the faid defendants, by like leave, &c. (actio non); becaufe they fay, that before the faid time when, &c. in the faid first Count of the said In Trinity term, declaration mentioned, to wit, in the term of the Holy Trinity, in the one of the de- twenty-fifth year, &c. in the court of our faid lord the king, before vered judgment the king himself (the faid court then ftill being at Westminster, against plaintiff in the county of Middlefex) the faid William, by the confidera

fendants reco

in B. R.

tion and judgment of the fame coust, did recover against the faid plaintiff as well a certain debt of nine hundred pounds as alfo eighty-three fhillings for his damages which he had fuftained as well by reafon of the detention of the debt as for his costs and charges by him about his fuit in that behalf expended, whereof the Prout patet, &c. faid plaintiff is convicted, as by the record and proceedings there

of now remaining in the faid court of our faid lord the king, before the king himself at Weftminster aforefaid, more fully appears: Defendant fued And the faid defendants further fay, that afterwards, to wit, on put a fieri facias the fifteenth day of June, in the twenty-fifth year, &c. the faid thereon directed judgment then being in full force and effect, not in anywife reto the sheriff of verfed, vacated, difcharged, paid off, or fatisfied, for obtaining

S.

execution of the fame judgment the faid William fued out of the faid court of our faid lord the king before the king himself at Weftminster aforefaid, a certain writ of our lord the king called a fieri facias, directed to the theriff of the county of S. by which faid writ our faid lord the king commanded the faid therit that he fhould caufe to be levied of the goods of the faid John Tory in his bailiwick the faid nine hundred pounds, which the faid William lately in the faid court of our faid lord the king himself at Weftminster aforefaid, recovered against him the faid plaintiff for his debt aforefaid, and alfo eighty-three fhillings for his damages, cofts, and charges aforefaid, and that the faid theriffs thould have thofe monies before our faid lord the king at Westminster on Monday next after the morrow of All Souls, to be paid to the faid William for his debt, damages, cofts, and charges aforefaid, and that the theriff thould have there then that writ; which faid writ afterwards, and before the return thereof, and alfo be

fore

defendants.

made

de

fore the faid times when, &c. in the faid declaration mentioned, to wit, on the thirtieth day of October 1785, at Stamford Arundel Fieri facias deaforefaid, in the faid county, was delivered to Richard Croffe, livered to the efquire, then and continually from thenceforth, until, and at, and heriff. after the return of the faid writ, being fheriffs of the faid county of Somerfet as aforefaid, to be by him executed in due form of law; by virtue of which faid writ the faid Richard Croffe, efquire, then being fheriff of the county of Somerfet, afterwards, and before the return thereof, and also before the said time when, &c. in the said first Count of the faid declaration mentioned, to wit, on the thirtieth day of November 1785, at Stamford Arundel aforefaid, in the county of Somerfet, made his warrant in writing under the Sheriff feal of his faid office of theriff of the county of Somerset, directed his warrant to to one Lewis Cogan the younger, and to the faid Charles his Lewis Cogan, bailiff for that occafion, whereby the faid fheriff commanded them and one of the and every of them, jointly and feverally, that they fhould caufe to be made of the goods and chattels in his the faid fheriff's bailiwick of the faid J. T. as well the faid debt of nine hundred pounds which the faid William lately recovered in the faid court of our faid lord the king, before the king himself at Westminster, as also the faid eighty-three fhillings for his damages, costs, and charges alorefaid, fo that the faid fheriff might have the faid fum of money before our faid lord the king at Weftminster on Monday next after the morrow of All Souls, to be paid to the faid William for his debt, damages, cofts, and charges aforefaid, which faid Warrant warrant afterwards, and before the return of the faid writ, and livered to one of before the faid time when, &c. in the faid firft Count of the said declaration mentioned, at Stamford Arundel aforefaid, in the fid county, he the faid Richard Croffe, efquire, fo being theriff as aforelaid, delivered to the faid Charles to be by him executed according to the exigency thereof; by virtue of which faid warrant, the faid Charles fo being bailiff as aforefaid, afterwards, and before the return of the faid writ, to wit, at the faid time when, &c. in the faid declaration mentioned, in obedience to and for the due execution of the faid warrant at the faid time when, &c. and the faid Hugh as his fervant in his aid and aliftance, and by his command did enter into the faid dwelling-houfe, Defendant water-mills, orchards, gardens, ftables, outhouts, and clofes of other as his ferland of the faid John Tory, in which, &c. in the faid firft Count vant took the of the faid declaration mentioned, the doors of the faid dwelling- goods, &c. houfe and mills being open, in order to levy the debt, damages, coits, and charges aforefaid of the goods and chattels of the laid plaintiff, then being therein according to the exigency and command of the faid warrant, and then and there feized and took the Lid goods and chattels in the faid firft and second Counts of the faid declaration mentioned, and in the introduction of this plea mentioned, then being in and upon the faid dwelling-houfe, watermills, orchards, gardens, ftables, outhoufes, and clofes of land of the faid plaintiff in which, &c. and carried away the fame, in order by fale thereof to levy thereout the debt, damages, coits, and

charges

the defendants.

as

bailiff and the

Replication,

um tenementum.

iffue thereon.

charges aforefaid, in form aforefaid recovered, and did then and there
by fale thereof levy the fum of twenty-nine pounds nineteen fhillings
and fixpence, part and parcel of the debt and damages aforesaid, and
in fo doing then and there neceffarily and unavoidably made a little
noife and disturbance in the faid firft Count of the faid declaration
mentioned, as it was lawful for them to do for the cause aforefaid,
doing as little damage on that occafion as they poffibly could,
which are the fame, &c.; whereof, &c.; and this, &c.; where-
fore, &c.
VICARY GIBBS.

And the faid J. T. as to the faid plea of the faid defendants by iffue on the libe- them fecondly above pleaded in bar as to the breaking, &c. [as in plea] by the faid defendants above done, fays, that by reafon, &c. (precludi non); because he fays, that the faid dwelling-house, watermills, orchards, gardens, ftables, outhoufes, and clofes of land in which, &c, in the faid first Count of the faid declaration mentioned, at the faid times when, &c. in the faid firft Count mentioned, and before, were not, nor ftill are the dwelling-houfe, water-mills, orchards, ftables, outhouses, clofes, foil, and freehold of the faid William in manner and form as the faid defendants have in their aforefaid plea in that behalf above alledged; and this he prays may be enquired of by the country; and the faid defendants do fo likeTo 3d Plea, wife: And the faid J. T. as to the faid plea of the faid defendants as to the breaking, &c. [as in the plea] by the faid defendants above done, fays, that he by reafon, &c. (precludi non); because he fays, that the faid defendants at the faid time when, &c. in the faid firft Count mentioned of their own wrong, and without any fuch caufe as by the faid defendants is in that plea above alledged, committed the aforefaid feveral trefpafles in that third plea mentioned, in manner and form as the faid J. T. hath above thereof complained against them; and this he prays may be enquired of by the country; and the faid defendants do the like: And the said J.T. To 4th Plea, as to the faid plea of the faid defendants by them laftly above pleadadmits judg- ed in bar as to the breaking [as in plea] fays, that he by reafon, fier facias, de. &c. (precludi non); becaule he fays, that true it is that the faid the William did recover fuch judgment against him the faid plaintiff, sheriff, making and that fuch writ of fieri facias directed to the fheriff of the county of the warrant, of Somerfet was fued out by the faid William and delivered to the faid fheriff, and that the faid theriff did make fuch warrant thereon directed to the faid Lewis Cogan the younger, and the faid Charles, and that fuch warrant was by the faid fheriff directed to the faid Charles to be executed according to the exigency thereof, but the faid J. T. fays, that the feveral trefpaffes in the faid laft plea of the faid New affignment defendants mentioned, and thereby attempted to be juftified, and for tipaffes further committing whereof he the faid plaintiff hath above comat other times." plained against them, were committed by them the defendants at

ment, iffuing

livery to

and delivery to defendant.

shat

were committed

another and different time, and on another and different occafion then and there in the faid laft-mentioned plea mentioned, and alfo after the return of the aforefaid writ of fieri facias in that plea mentioned, and the faid plea of the faid defendants mentioned; and