Declaration a

affault upon

was prevented

on

was forced to lay

fuffer barbarous and inhuman treatment, and many cruel and fevere punishments and tortures, and was nearly ftarved and famifhed for want of food and other neceflaries of life, and was ultimately put to great trouble, &c. to wit, to the expence of two hundred pounds in liberating himself from fuch state of flavery, fervitude, and bondage as aforefaid, and in procuring a paffage from the faid ifland to this kingdom: And alfo for that he the faid M. heretofore, to wit, on, &c. with force and arms made another affault againft him the faid A. and then and there again beat, &c. and caufed, &c. and then and there again imprifoned him, and caufed and procured him to be again imprifoned, and kept and detained for imprifoned for a long space of time, to wit, for the fpace of fix years, contrary to the laws of this realm, and againft the will of the faid A.: And also for that he the faid M. afterwards, to wit, on, &c. with force and arms, made another affault on him the said A. and then and there again beat, &c. fo that his life was thereby then and there greatly defpaired of, and other wrongs to him the faid A. then and there did, against the peace of our lord the king, and to the damage of the faid A. of two thousand pounds; and therefore he brings his fuit, &c.

V. LAWES.

;

JAMES PERRY, late of, &c. mariner, was attached to angainst defendant fwer John Davis in a plea; wherefore he the faid James, in and for making an on board a certain boat then being in parts beyond the feas, to plaintiff (who wit, at the Mole, in the harbour of Cadiz, in the kingdom of was a mariner), Spain, that is to fay, at London aforefaid, in the parish of St. whereby he be- Mary-le-Bow, in the ward of Cheap, with force and arms made came fick, and an affault upon the faid John, and then and there beat, bruifed, from returning wounded, and ill-treated him, and then and there with violence board his forced the faid John into the ftern fheets of the faid boat, and ship, he loft kneeled and jumped with his knees upon the breaft and other parts his wages, and of the body of the faid John, and gave and ftruck the faid John out a fun of many violent and grievous blows and strokes upon his head, face, breaft, and other parts of his body, and with great force and viomoney in procuring a paffage lence beat, brujfed, lacerated, wounded, and maimed the fame home in another whereby and by reafon of which faid feveral premifes, he the faid thip, &c. John not only became fick, fore, and disordered, and fo remained and continued for a long space of time, but was neceffarily forced and obliged for his recovery and fafety to quit and leave the faid boat in which he was then about to return, and otherwife could have returned to a certain brig or veftel called the Fox, and then laying off the faid harbour of Cadiz, and bound from thence on a cer tain voyage home to this country, and to take his paffage home in another and different fhip, whereby he not only loft and was deprived of his wages that were due, and that otherwife would have arifen and become due to him from his service on board the faid brig as a mariner therein, in which capacity he the faid John had been, and was then engaged to ferve, but was forced and obliged

bbliged to lay out and expend divers large fums of money in and for bis paffage home in and on board another or different fhip as afore→ faid, and in and about his cure of his aforesaid wounds and ficknefs fo occafioned as aforefaid, and in and for his neceffary maintenance and fupport; and alfo wherefore he the faid James, at, &c. in, &c. with force and arms made another affault upon the faid John, and there again beat, &c. him, and with great force and violence with his fift and knees again beat, &c. the faid John, fo that his life was thereby greatly defpaired of, and there imprisoned him the faid John, and kept and detained him fo there imprisoned for a long fpace of time; and alfo wherefore he the faid James, at, &c. in, &c. with force and arms made another affault, &c. and there again beat, &c. fo that his life was thereby greatly despaired of, and there imprifoned him the faid John, and other wrongs to the faid John there did, against the peace of our lord the now king, and to the great damage of the faid John, and thereupon the faid John, by A. B. his attorney, complains; for that whereas the faid John heretofore, to wit, on, &c. at, &c. in and on board a certain boat then being in parts beyond the feas, to wit, at, &c. with force and arms made an affault upon the faid John, and then and there beat, &c. and gave and ftruck the faid John many violent, &c. upon his head, &c. and with great force and violence with his fifts and knees cut, bruifed, and lacerated him the faid John, whereby and by means of which said several premifes, he the faid John not only became fick, &c. and fo remained and continued for a long fpace of time, to wit, from thence hitherto, but was also neceffarily forced and obliged for his fafety and recovery to quit and leave the faid boat in which he was about to return, and otherwise could have returned to a certain brig or veffel then lying off the faid harbour, and bound from thence on a certain voyage home to this country, and to take his paffage home in another and different fhip, whereby he not only loft and was deprived of his wages that were due, and that otherwife would have arifen and accrued to him from his fervice on board the said brig as a mariner or otherwife (in which capacity he the faid John had been, and was then engaged to ferve), but was forced and obliged to lay out and expend divers large fums of money, in the whole amounting to a large fum of money, to wit, the fum of twenty pounds in and for his paflage home in and on board another thip as aforefaid, and in and about the cure of his aforefaid wounds and ficknefs fo occafioned as aforesaid, and in and for his necessary maintenance and support, to wit, at, &c.; and also for that he the faid James heretofore, to wit, on, &c. with force, &c. made, &c. and then and there again beat, &c. and gave and ftruck the faid John many hard, &c. upon his head, &c. and with great force and violence with his fifts and knees again beat, &c. faid John, fo that his life was then and there greatly defpaired of; and alfe for that he the faid James heretofore, to wit, on, &c. with force, &c. made, &c. and other wrongs to the faid John did, against the peace of our lord the now king, and to the damage of the faid John of pounds.

C 2

V. LAWES. LONDON,

plaintiff's wife,

away, &c.

Declaration for LONDON, to wit. J. W. complains of D. C. being, &c. ; entering rooms, for that the faid defendant heretofore, to wit, on, &c. at, &c. debauching with force and arms, broke and entered divers, to wit, three rooms and carrying her and three apartments of the faid plaintiff, wherein he the faid plaintiff and his family dwelt, inhabited, and refided, part and parcel of a certain meffuage there fituate and being, and then and there made a great noife and disturbance in the faid rooms and apartments, and ftaid and continued therein for a long fpace of time, to wit, for the space of two hours then next following, without the leave or licence, and againft the will of the faid plaintiff, and whilft he was in the faid rooms and apartments, to wit, on, &c. at, &c. with force and arms, to wit, with fwords, &c. made an affault on Sarah, the then and now wife of faid plaintiff, and then and there debauched, deflowered, lay with, and carnally knew her the faid Sarah, and then and there by force and violence took and carried away the faid wife of the faid plaintiff from his aforefaid dwelling to places to him the faid plaintiff unknown, and kept and detained the faid wife of the faid plaintiff from his aforefaid dwelling-house for a long space of time, to wit, from thence hitherto, by means whereof the faid plaintiff hath, for and during all that time, loft and been deprived of the company, comfort, and fellowship of his faid wife in his domeftic affairs and concerns, and his felicity therein hath been greatly interrupted and difturbed, to wit, at, &c.: And alfo for that the faid defendant, on, &c. at, &c. with force and arms, to wit, with fwords, &c. made, &c. on the faid Sarah, the then, &c. and then and there again beat, &c. and then and there again debauched, &c. her the faid S. whereby the faid S. then and there became fick, fore, difeafed, and difordered, and fo continued for a long space of time, to wit, for the space of one month then next following; by means of which premises he the faid plaintiff, for a long time, to wit, for and during all the time aforesaid, lost and was deprived of the comfort, &c. of his faid wife in his domestic affairs and concerns, which he otherwife would and ought to have had and enjoyed, and the domeftic felicity of faid plaintiff was alfo, on occafion of the premises laft aforefaid, greatly interrupted and difturbed, and the faid defendant then and there did other wrongs to the faid plaintiff, against the peace of our faid lord the now king. Damage five hundred pounds.

zd Count.

Declaration for SHORE

Striking plaintiff against

his

Plaintiff obtained a verdict.

V. LAWES.

FOR that he the faid Cooper heretofore, to wit, on, &c. at, &c. with force and arms, that is to say, with awhip, and COOPER. with fticks, &c. made an affault upon him the faid Shore, and then and there beat, &c. and then and there with a certain whip which he the faid Cooper then and there had and held, gave and ftruck him the faid Shore many great and grievous blows and strokes, in, upon, and about his head and other parts, and then

fpoiling clothes.

and

and there greatly cut, lacerated, and maimed him the faid Shore, whereby he the faid Shore not only lost great quantities of blood which then and there issued and flowed from his wounds upon his clothes and wearing apparel, to wit, one coat, &c. whereby they were greatly daubed, damaged, and fpoiled, but became fick, fore, and difordered, and fo continued for a long fpace of time, to wit, for the space of one month then next following, whereby he was, during all that time, hindered and prevented from doing, following, and tranfacting his lawful affairs and business, and was oblig ed to lay out and expend a large fum of money, to wit, the fum of twenty pounds in and about the curing and healing himself of his aforefaid wounds and bruises, fick nefs and indifpofition: And alfo ad Count, for that [a Count for affault and imprisonment]: And, &c. &c. 3d Count. defendant tore, damaged, spoiled, and destroyed divers goods and chattels, to wit, one other coat, &c. of a large value, to wit, of, &c.: And alfo, &c. &c. [4th Count, common affault], and other 4th Count. wrongs to him the faid Shore then and there did, against the peace of our lord the now king, and to the damage of the faid Shore of two hundred pounds; and therefore he brings his fuit, &c. &c. V.LAWES.

of plaintiff,

MIDDLESEX, to wit. William Suter complains of Thomas Declaration Hill, John Fofter, James Putnam, and Thomas Freeman; for that gainitdefendant, whereas the faid defendants, with force and arms, on, &c. broke for entering the and entered the dwelling-houfe of the faid plaintiff, fituate, ftand- dwelling house ing, and being at H. aforefaid, in the county aforefaid, and made beating him, and a great noise and disturbance therein, and ftaid and continued in then feizing and the faid house without the leave or licence, and against the will of imprisoning hina, the faid plaintiff, making and continuing fuch their noife and difturbance therein for a long time, to wit, for the space of three days, and during all that time greatly difturbed and difquieted the faid William in his quiet and peaceable poffeffion thereof, and ejected, expelled, put out, and amoved for a long fpace of time, to wit, from thence continually until the iffuing of the original writ of the faid William: And alfo for that the faid defendants, on, &c. at, &c. with force and arms, made an affault upon the faid William, and then and there beat, bruised, wounded, and illtreated him, so that his life was thereby greatly defpaired of, and feized, took, and imprifoned him, and kept and detained him in prifon there for a long space of time, to wit, for the space of three days then next following, without any reasonable or probable cause whatsoever, contrary to the laws and cuftoms of this realm, and against the will of the faid William : And alfo for that the said defendants, on, &c, with force and arms, at, &c. made another asfault upon the faid William, and again beat, bruifed, wounded, and ill-treated him, fo that his life was thereby greatly despaired of, and then and there did other wrongs, &c. to the great damage, &c, against the peace, &c.; whereupon the faid plaintiff faith he is injured, and hath fuftained damage to the value of five hundred pounds; and therefore he brings his fuit, &c.

Plea, that defen

little noife as

poffible was

made, &c.

First, not guilty; And for further plea in this behalf as to the dant Hill obtain breaking and entering the faid dwelling-houfe in the faid firft Count ed a judgment of the faid declaration mentioned, and in which, &c. and making against plaintiff, and that the a great noise and disturbance therein, and staying and continuing goods were ta in the faid houfe making and continuing fuch noife and difturbken in execu- ance for the space of time in the faid firft Count mentioned, disturbtion, and that as ing and difquieting the faid William in his quiet and peaceable pofas feflion thereof above supposed to have been committed by the faid Thomas Hill, he the faid Thomas Hill, by leave of the court here for this purpose firft had and obtained, according to the form of the ftatute in fuch cafe made and provided, fays, that the faid William ought not to have or maintain his aforefaid action thereof against him; because he says, that he the faid T. H. before the faid time when, &c. in the said first Count of the faid declaration mentioned, to wit, in Eafter term, in the twenty-fixth year of the reign of our lord the now king, in the court of our faid lord the now king, before Alexander lord Loughborough, and his companions, then his majesty's juftices of the bench here, to wit, at, &c. by the confideration and judgment of the fame court recovered against the faid William twenty-three pounds for his damages which he had sustained, as well by reason of the not performing certain promises and undertakings then lately made by the faid William to the faid T. H. as for his cofts and charges by him about his fuit in that behalf expended, whereof the faid William was convicted, as by the record and proceedings thereof ftill remaining in the faid court of the bench aforefaid, to wit, at, &c. morefully appears: And the faid T. H. in fact further faith, that after the aforefaid recovery, and before the faid time when, &c. to wit, on, &c. he the faid T. H. fo having execution of and for the damages aforefaid fued and profecuted out of the faid court of our faid lord the king of the bench aforefaid a certain writ of our faid lord the king called, &c. directed to the fheriff, that he should caufe to be levied of the goods and chattels in his bailiwick of the faid William twenty-three pounds, which in the faid court of our faid lord the king, before his juftices at Westminster, had been awarded to the faid T. H. for his damages aforefaid, and that the said sheriff should have that money before the juftices of our faid lord the king at Westminster, on the morrow of the Holy Trinity, to render to the faid T. H. for his faid damages, whereof the faid William was convicted, and that the faid sheriff fhould have there that writ; which faid writ afterwards, and before the faid return thereof, and was also before the faid time, on, &c. at, &c. delivered by the faid T. H. to J. S. efquire and B. W. efquire, then and from thenceforth until at and after the faid time when, &c. were fheriffs of the faid county of Middlefex to be executed in due form of law: And the faid T. H. further faith, before and at the faid time when, &c. divers goods and chattels of the faid William, liable to be taken in execution by the faid sheriff under and by virtue of the faid writ, were in the faid dwelling-houfe in the faid declaration mentioned, and in which, &c.; and that thereupon by virtue of the faid writ, the faid fheriff, for having execu