the premises aforefaid, he the faid plaintiff not only for a long time, to wit, from thence until the day of exhibiting the bill of the faid plaintiff, loft and was deprived of the comfort, fellowship, aid, and affiftance of his faid wife in his domeftic affairs, which he the faid plaintiff during all that time ought to have had and might have had, to wit, at, &c. but alfo was forced and obliged during all the time aforefaid, to lay out and expend, and did lay out and expend a large fum of money, to wit, the fum of fifty pounds of, &c. in and about recovering her from fuch her pregnancy and delivery of fuch her child, and in her lying in thereof, and in the nurfing and maintaining of the faid child, to wit, at, &c. and other enormities to the faid plaintiff then and there did againft the peace of, &c. and to the damage of the faid plaintiff of five thousand pounds; and therefore he brings his fuit, &c.

in

LONDON, to wit. I. L. late of, &c. was attached to Declaration anfwer I. H. in a plea, wherefore with force and arms he made an the C. B. for affault upon E. H. the wife of the faid plaintiff, at London afore- crim. con. with the plaintiff's faid, to wit, in the parish of, &c. and did ravish, lye with, de- wife. bauch, and carnally know the faid E. H. whereby the faid plaintiff loft and was deprived of the comfort, fellowship, and fociety of his faid wife, and other wrongs to the faid plaintiff then and there did to the great damage of the faid plaintiff, and against the peace of our lord the now king, whereupon the faid plaintiff, byA. B. his attorney, complains, for that the faid defendant on, &c. and on divers other days and times, between that day and the day of fuing out the original writ of the faid plaintiff, with force and arms at, &c. in, &c. made an affault on the faid E. H. the wife of the faid plaintiff, and at thofe feveral days and times did debauch, &c. the faid E. H. whereby the faid plaintiff loft and was deprived of the comfort, &c. of his faid wife for all the time aforefaid, and other wrongs, &c. to the great damage of the faid plaintiff and against the peace of, &c. whereupon the faid plaintiff faith that he is injured and hath fuftained damage to the value of one thoufand pounds; and therefore he brings his fuit.

And the faid defendant, by A. B. his attorney, comes and de- Plea, accord and fends the wrong and injury, when, &c. and faith that he is not fatisfaction. guilty of the premifes above laid to his charge in manner and form as the faid plaintiff hath above thereof complained against him, and of this he puts himself upon the country, &c.; and for further plea in this behalf, the faid defendant by leave of, &c. fays (actio non); because he fays, that after the faid feveral times, when, &c. to wit, on, &c. at, &c. in, &c. it was mutually agreed by and between the faid defendant and the faid plaintiff, that by way of atonement and fatisfaction for the faid feveral trefpaffes and all damages fuftained by the faid plaintiff on occation thereof, the faid defendant should at his own proper cofts and charges maintain and keep a certain child of him the faid plaintiff begotten on

the

Replication, that the agreement was not complied with.

the body of his faid wife; and the faid defendant in fact further fays, that in purfuance of the faid agreement, he the faid defendant at his own proper cofts and charges hath from thence hitherto maintained and kept, and ftill maintains and keeps the faid child, to wit, at, &c. in, &c. and this, &c. wherefore, &c. if, &c. I. C. BOLTON.

And the faid plaintiff, as to the faid plea of the faid defendant by him firft above pleaded, and whereof he hath put himself upon the country, he the faid plaintiff doth the like, &c. and as to the faid plea of the faid defendant by him laftly above pleaded, the faid plaintiff fays, that he, by reafon of any thing in that plea alledged, ought not to be barred from having his aforefaid action thereof maintained against him, becaufe protefting that the faid laft-mentioned plea and the matters therein contained, in manner and form as the fame are above pleaded and fet forth, are wholly infufficient in law, the faid plaintiff admits to be true, that it was mutually agreed by and between the faid defendant and the faid plaintiff, in manner and form as the faid defendant hath above in his faid laft mentioned plea in that behalf alledged; yet for replication in this behalf the faid plaintiff faith, that at the time of the making of the faid agreement, to wit, on, &c. at, &c. in, &c. it was further agreed by and between the faid plaintiff and the faid defendant, that in order to complete the faid atonement and fatisfaction in that plea mentioned, the faid defendant fhould execute and deliver to the faid plaintiff a certain bond or obligation in the penal fum of one hundred pounds of good and lawful money of Great Britain, conditioned amongst other things for the maintenance and keeping of the faid child in that plea also mentioned; and although he the faid plaintiff after the making of the said laftmentioned agreement, to wit, on, &c. at, &c. caused to be prepared the draft of a certain bond or obligation in the penal fum of one hundred pounds of good and lawful money of Great Britain, conditioned as aforefaid, and did then and there tender the said draft to the faid defendant for his perufal and approbation thereof, in order that the fame might be ingroffed according to the tenor and effect, true intent and meaning of the faid laft-mentioned agreement; yet the faid defendant then and there, without any reasonable or probable cause whatfoever, wholly refused to execute or deliver, nor hath he at any time fince executed or delivered to the faid plaintiff any fuch bond or obligation, but hath hitherto wholly refufed and neglected fo to do, contrary to the tenor and effect, true intent and meaning of the faid laft-mentioned agreement, to wit, at L. aforefaid, at, &c.; and this he the faid plaintiff is ready to verify, wherefore inafmuch as the faid defendant hath above acknowledged the committing of the said feveral trefpafies in the faid declaration mentioned, he the faid plaintiff prays judgment and his damages, by him fuftained by the occafion of the committing thereof, to be adjudged to him, &c.

NASH GROSE.
LONDON,

LONDON, to wit. E. C. complains of T. E. for that the faid Declaration for T. E. on, &c. at, &c. with force and arms, to wit, with fwords, an affult, beatftaves, fticks, fifs, and knives, made an affault upon the faid cutting him

ing plaintiff,

E. C. and then and there beat, bruifed, wounded, and ill treated about the head him, fo that his life was thereby greatly defpaired of, and then and and eyes fo that there with a certain fpying glafs which he the faid T. E. then and he was deprived of the fight of there had and held in his hands, gave and truck the faid E. C. his left eye. divers and very many grievous and fevere ftrokes and blows in, upon, across, and over his head, face, fkull, eyes, nose, forehead, fhoulders, and other parts of his body, and thereby greatly cut and wounded the head, face, and eyes of the faid E. C. and made divers large and deep gafhes, cuts, and wounds therein, whereby divers large quantities of blood then and there gushed and flowed from those cuts and wounds, by means of which faid feveral blows, strokes, bruifes, cuts, and wounds, he the faid E.C. hath not only fuffered great pain, anguifh, and torture both of body and mind, but he hath from thence hitherto been in a great measure deprived of the fight of his left eye, and is very likely to be wholly deprived of the fight thereof, to wit, at, &c.; and alfo for that the faid T. E. afterwards, to wit, on, &c. at, &c. with force and arms, to wit, with fwords, ftaves, &c. made another affault upon the faid E. C. and then and there again beat, &c. fo that his life was thereby again greatly defpaired of and other wrongs to the faid E. C. then and there did to his great damage and against the peace of our lord the now king; wherefore the faid E. C. faith that he is injured, and hath fuftained damage to the value of two hundred pounds, and therefore he brings his fuit. T. BARROW.

Defendant pleaded the general iffue, not guilty: Some time after plaintiff executed a general release to defendant of all actions in confideration of seven gui

neas and a half, upon which it became
neceffary to plead the fame in the follow-
ing manner :

Plea of general

And now at this day, to wit, on Wednesday next after fifteen days of Eafter, in Eafter Term, in the twenty-ninth year of the releafe. reign of our lord the now king, until which day the faid plea was laft continued, cometh the faid T. E. by his attorney aforefaid, and fays, that the faid E. C. ought not to have or maintain his aforefaid action thereof against him faid T. E. because he fays, that he the faid E. C. fince the exhibiting the bill of the faid E. C. against the faid T. E. and pending the aforefaid fuit, and fince the faid iffue hath been fo joined therein, to wit, on, &c. in the twentyninth year of the reign aforefaid, to wit, at, &c. in, &c. by his certain writing of releafe then and there made by him the faid E. C. to the faid T. E. and fealed with the feal of the faid E. C. and which the faid Thomas now brings here into court, the date whereof is the day and year laft aforefaid, for the confiderations therein mentioned, remifed, releafed, and for ever quit-claimed unto the faid T. E. his heirs, executors, or adminiftrators, all and

all

Declaration

tiff, and alfo for

as

by he was

made to fuffer

very

all manner of action and actions, caufe and caufes of actions, fuits, bills, bonds, writings, obligations, debts, dues, accounts, fum and fums of money, judgments, executions, extents, quarrels, controverfies, trefpaffes, damages, and demands whatsoever, both, in law and equity, or otherwife howfoever which he the faid E. C. ever had against the faid T. E. or which he the faid E. C. his heirs, executors, or adminiftrators fhould or might thereafter have, claim, challenge, or demand, for or by reafon or means of any matter, caufe, or thing whatfoever, from the beginning of the world unto the day of the date of the faid deed or writing of releafe, as by the faid deed or writing of release more fully appears; and this, &c. wherefore, &c. if, &c.

MIDDLESEX, to wit. Michael Lafcelles late of, &c. was against defend- attached to answer Anthony de Rofier in a plea; wherefore he the ant, captain of faid Michael with force and arms, &c. at W. in the faid county a hip, for an of Middlefex, made an affault upon the faid A. and there beat, affault on plain- bruifed, wounded, and ill treated him, and there tied and bound, felling him and caufed and procured him the faid A. to be tied and bound to a a flave at the certain cannon, and there kept and continued him so tied and ifland of St. bound to the faid cannon for a long space of time, and whilft he Helena, where- was fo tied and bound gave and ftruck, and caufed and procured to be given to him the faid A. divers violent blows and strokes fevere with and by certain fticks and ftaves, upon and about his head hardships, &c. and other parts, and thereby there greatly hurt, bruifed, wounded, and maimed him the faid A. whereby he the faid A. became and was for a long time fick and indifpofed; and wherefore he the faid M. with force and arms, at, &c. made another affault on the faid A. and there again beat him, &c. and there imprisoned him, and kept and detained him fo imprisoned for a long space of time, contrary to the laws of this realm, and against the will of the faid A. and alfo wherefore he the faid M. with force and arms in and aboard a certain fhip or veffel, then being in parts beyond the feas, that is to fay, at the ifland of St. H. to wit, at, &c. made another affault upon the faid A. and there again beat, &c. and there by force and against the will of the faid A. took and carried, and caufed and procured him the faid A. to be taken and carried away from and out of the faid fhip or veffel, and there in the faid ifland against the will of him the faid A. fold and disposed of him the faid A. as and for a flave, and in that capacity from thenceforth to live and serve for the remainder of his life, and there in the faid island against the will of the faid A. left him the said A. in a ftate of flavery, fervitude, and bondage, whereby and in confequence whereof he the faid A. remained and continued, and was kept and continued in such state of flavery, fervitude, and bondage in the faid ifland for a long space of time, and during that time was made to endure and fuffer, and did endure and fuffer barbarous and inhuman treatment, and many cruel and fevere punishments and tortures, and was nearly ftarved and famished for want of

food

food and other neceffaries of life, and was ultimately put to great trouble, inconvenience, and expence in liberating himself from fuch ftate of flavery, fervitude, and bondage as aforefaid, and in procuring a paffage from the aforefaid ifland to this kingdom; and also wherefore with force and arms, &c. he the faid M. at, &c. made another affault on him the faid A. and there again beat, bruife, &c. and caufed and procured him to be again beat, &c. and there again imprifoned him and caufed, &c. to be imprisoned and to be kept and detained fo imprisoned for a long space of time, contrary to the laws of this realm and against the will of the faid A. and alfo wherefore with force and arms, &c. he the faid M. át, &c. made another affault on him the faid A. and there again beat, &c. fo that his life was thereby greatly despaired of and other wrongs to him the said A. there did, against the peace of our lord the king, and to the great damage of him the faid A. and thereupon the faid A. by P. M. his attorney, complains; for that the faid Michael heretofore, to wit, on, &c. made an affault upon the faid A. and then and there beat, &c. and then and there tied, &c. and caused, &c, to be tied, &c. to a certain cannon, and then and there kept and continued him fo there tied and bound to the faid cannon for a long space of time, to wit, for the space of twelve hours, and whilst he was so tied and bound, gave and ftruck, and caufed and procured to be given to him the faid A. divers violent blows and ftrokes with certain sticks and ftaves upon and about his back, pofteriors, and other parts, and thereby then and there greatly hurt, &c. him the faid A. whereby he the faid A. became and was for a long space of time, to wit, for the space of ten days then next following, fick and indifpofed; and alfo for that he the faid Michael afterwards, to wit, on, &c. with force and arms, &c. made another affault on him the faid A. and then and there again beat, &c. and then and there imprisoned him and kept and detained him fo there imprisoned for a long space of time, to wit, for the space of twelve hours, contrary to the laws of this realm, and against the will of the faid A. and alfo for that he the faid M. afterwards, to wit, on, &c. in and on board a certain ship or veffel then being in parts beyond the feas, that is to say, at the ifland of St. Helena, to wit, at, &c. with force and arms, &c. made another affault upon him the faid A. and then and there again beat, &c. and then and there by force and against the will of the faid A. took and carried and caused, &c. from and out of the faid fhip or veffel, and then and there in the faid ifland against the will of him the faid A. fold and difpofed of him the faid A. as and for a flave, and in that capacity from thenceforth for and during the remainder of his life, and then and there in the faid island against the will of the faid A. left him the faid A. in a state of flavery, fervitude, and bondage, whereby and in confequence whereof he the faid A. remained and continued, and was kept and continued in fuch state of flavery, &c. in the faid ifland for a long fpace of time, to wit, for the fpace of fix years then next following, and during that time was made to endure and suffer, and did endure and VOL IX.

C

fuffer