tion thereof, afterwards and before the return of the faid writ, to to the laft plea, ferent times and than And the faid William, as to the faid plea of the faid T. H. by New affignment him laftly above pleaded in bar, as to the breaking and entering that the trefpafthe faid dwelling-houfe in the faid firft Count of the faid declara- fes mentioned in tion mentioned, and in which, &c. and making a great noife and the declaration difturbance therein, and staying and continuing in the faid houfe, were done and making and continuing such noise and disturbance therein for the committedatdiffaid space of time in the faid firft Count mentioned, and disturb- on different ocing and difquieting the faid William in his quiet and peaceable pof- cations feffion thereof above done by the faid T. H. fays, that he the faid what is menWilliam, by reason of any thing in that plea contained, ought not tioned in Plea. to be barred from having and maintaining his aforefaid action thereof against hini; because he faith, that the faid trefpaffes com-mitted and done by the faid T. H. in breaking and entering the faid dwelling-houfe in the faid firft Count of the faid declaration mentioned, in which, &c. and making a great noife and disturbance therein, and staying and continuing in the faid house, mak、 ing and continuing fuch noife and difturbance therein for the faid fpace of time in the faid firft Count mentioned, and difturbing and difquieting the faid William in his quiet and peaceable poffeffion thereof, whereof amongst the several other trefpaffes aforefaid the faid William above complained, and for which, &c. the faid other trespasses he hath fued out his original writ against the said T. H. and the faid John James and Thomas Freeman were done and committed by him the faid T. H. otherwife and at another time and on other occasions, and for other purposes than those in the fame plea of the faid T. H. in that behalf above mentioned, and are other and different trefpaffes than the trefpafles of the famie plea of the faid T. H. confeffed to have been done; and this he is ready to verify; wherefore the faid T. H. has not answered the faid trefpaffes hereinbefore mentioned affigned, the faid William prays judgment and his damages, by reafon of the committing the fame trefpaffes, to be adjudged to him, &c. C 4 THOMAS WALKER. And Plea to new alfignment. ift. And the faid T. H. as to the feveral fuppofed trefpaffes above not guilty; 2d. newly affigned, faith, that he is nowife guilty thereof in manner leave and li. and form as the faid William hath above in that behalf alledged; and of this he the faid P. H. puts himself upon the country, and the faid William doth the like: And for a further plea in this behalf as to the said several fuppofed trefpaffes above newly affigned, the faid T. H. by leave of the court here for this purpose first had and obtained, according to the form of the ftatute in such case made and provided, faith, that the faid William ought not to have his aforefaid action thereof maintained against him; because he faith, that he the faid T. H. at the faid time when, &c. above newly asfigned, by leave and licence to the faid William to him for that purpofe first given and granted, committed the faid feveral trefpaffes above newly affigned as he lawfully might for the cause last aforefaid; and this he the faid J. H. is ready to verify; wherefore he prays judgment if the faid William ought to have his aforefaid action thereof maintained against him, &c. NASH GROSE. Plea (to a decla making a noife, guilty. And the faid William, as to the faid plea of the faid T. H. by him lastly above pleaded in bar to the faid trefpaffes above newly affigned, fays, that he, by reafon of any thing in the faid laft-mentioned plea of the faid T. H. contained, ought not to be barred from having and maintaining his aforefaid action against him; because he fays, that he the faid William did not give and grant any fuch leave and licence to the faid T. H. as the faid T. H. hath in his faid laft-mentioned plea above alledged; and this he the faid William prays may be enquired of by the country, &c.; and the faid T. H. doth the like, &c. S. LAWRENCE. AND the faid John James and Thomas Freeman, by S. F. ration in tref- their attorney, come and defend the wrong and injury, when, &c.; pafs for entering and say that they are not guilty of the feveral trefpaffes above laid plaintiff shoufe, to their charge, in manner and form as the faid William hath affaulting him, above thereof complained against them; and of this they put impr.foninghim, themselves upon the country; and the faid William doth the like: and expelling And for a further plea in this behalf as to the breaking and entering him); ft, not the faid dwelling-houfe in the faid firft Count of the faid declara2d Plea, that A. tion mentioned, and in which, &c. and making a noife and B. and C. his difturbance therein, and staying and continuing in the faid house wife, in right of making and continuing fuch noife and difturbance therein for the his wife, were fid fpace of time in the faid firft Count mentioned, and disturbhoufe in which, ing and difquieting the faid William in his poffeffion thereof, and &c. and demifed ejecting, expelling, putting out, and amoving the faid William fame to one of from the poffeffion and occupation of his faid dwelling-house, and the defendants, keeping and continuing him fo thereout ejected, expelled, put out, of and amoved for the faid space of time in the faid first Count alfo ed, giving calour mentioned, above supposed to have been committed by the faid John to plaintiff under a pretended demise made to plaintiff by A. B. and C. that the defendant in his own right and the other defendants, as his fervants, entered the house, made a noise, disturbed and expelled the plaintiff from the poffeffion of the house, as they lawfully might. felfed of the faid by means which he enter➡ and (2) "they the firft Countmen for that purpose faid firft Count and James, they the faid John and James, by (1) leave of the (1) "like" court here for this purpose first had and obtained, according to the form of the ftatute in fuch cafe made and provided, fay, that the faid William ought not to have his aforefaid action thereof maintained against them; because they fay, that (2) before and at the time of making the demife hereafter mentioned, H. B. and Sarah faid John and his wife, in right of the faid Sarah, were feifed in their demefne James. at the as of fee of and in the faid dwelling-houfe in the faid declara- faid time when, tion mentioned, and in which, &c. with the appurtenances; and &c. in the faid being fo thereof feifed, they the faid H. B. and Sarah his wife, be- tioned, at, &c. fore the faid time, &c. in the said firft Count mentioned, to wit, on, by the leave and &c. at, &c. by a certain indenture then and there made between the licence of thefaid Jaid H. B. and Sarah his wife of the one part, and the faid John of William to them the other (one part of which jaid laft-mentioned indenture, fealed first given and with the feal of the faid H. B. and Sarah his wife, they the faid granted, broke John and James now bring into court here, the date whereof is the and entered into fame day and year laft aforefaid) demifed the faid dwelling-houfe in the faid dwelwhich, &c. with the appurtenances, to the faid John, to hold the ling-houfe inthe fame unto the jaid John, his executors, adminiftrators, and affigns, of the faid defrom, &c. for and during, and unto the full end and term of twen- claration menty-one years from thence next enfuing, and fully to be complete and tioned, and in ended; by virtue of which faid demife the faid John afterwards, which, &c. and before the faid time when, &c. to wit, on, &c. entered into the faid dwelling-house in which, &c. with the appurtenances, and became and was poffeffed thereof for the faid term so to him thereof demifed as aforefaid; and being fo thereof poffeffed, the Jaid William claiming title to the faid dwelling-house in which, &c. with the appurtenances, under colour of a certain charter of demije pretended to be thereof made to him by the faid H, B. and Sarab his wife, for the term of his natural life, before the making of the faid demife to the faid John, whereas nothing paffed by that charter of demife into the poffeffion of the faid William, before the faid time when, &c. and during the continuance of the faid term fo demifed to the faid John as aforefaid, entered into the Jaid dwelling-boufe in which, &c. with the appurtenances, and was poffelfed thereof, upon whofe poffeffion the faid John, in his own right, and the jaid James, as the fervant of the faid John, and by his command at the fame time when, &c. re-entered into the faid dwellingboufe in which, &c. as being the dwelling-houfe of the faid John, and made a noise and disturbance therein, and staid and continued in the faid house making and continuing fuch noife and disturbance therein for the faid space of time in the faid first Count of the jaid declaration in that behalf mentioned, and disturbed and ditquieted the faid William in his poffeffion thereof, and ejected, expelled, put out, and amoved the faid William from the poffeffion and occupation of the faid dwelling-house, as being the dwellingboufe of the faid John, and kept and continued him fo thereout ejected, expelled, put out, and amoved for the faid space of time in the faid firft Count of the faid declaration in that behalf mentioned, as they lawfully might for the cause aforefaid, which are the fame, and breaking the faid dwelling houfe in the said first Count of the faid declaration mentioned, and making a noise and difturbance therein, and staying and continuing in the faid dwelling-houfe, and making fuch noife and disturbance therein for the faid space of time in the faid firft Count mentioned, and disturbing and difquieting the faid William in his poffeffion thereof, and ejecting, expelling, putting out, and amoving the faid William from the poffeffion and occupation of his faid dwelling-house, and keeping and continuing him fo thereout expelled, ejected, put out, and amoved for the faid space of time in the said first Count alfo mentioned, whereof the faid William hath above complained against them the faid John and James; and this they the faid John and James are ready to verify; wherefore they pray judgment if the faid William ought to have his aforefaid action thereof maintain3d Plea, leave ed against them, &c.: And for further plea in this behalf, as to the and licence. breaking and entering the faid dwelling-houfe in the said first Count of the faid declaration mentioned, and in which, &c. and making a noise and difturbance therein, and ftaying and continuing in the faid house making and continuing fuch noise and difturbance therein for the said space of time in the said first Count mentioned, and disturbing and difquieting the faid William in his poffeffion thereof, and ejecting, expelling, putting out, and amoving the faid William from the poffeffion and occupation of his faid dwelling-houfe, and continuing him fo thereout ejected, expelled, put out, and amoved for the said space of time, &c. &c. [Go on fame as the laft, omitting what is in Italic, and inferting what 4th Plea, as to is in the margin]: And for a further plea in this behalf as to the affaulting the affaulting and ill-treating the faid William in the fecond Count of the faid declaration mentioned above, supposed to have been complaintiff was making a noife mitted by the faid James, he the faid James, by like leave of the and disturbance court here for this purpose first had and obtained, according to the in the houfe, form of the ftatute, &c, fays, that the faid William ought not to wherefore de- have his aforesaid action thereof maintained against him; because manus im- he faith, that he the faid James, before and at the time when, &c. pofuit, in or- in the faid fecond Count of the said declaration mentioned, was der to remove lawfully poffeffed of a certain mefluage or dwelling-houfe, with him out of the the appurtenances, fituate, &c. at, &c. and being fo thereof pof plaintiff, that fendants molli house. feffed, the faid William, just before the faid time when, &c. to wit, on, &c. in the faid fecond Count of the faid declaration mentioned, unlawfully entered into the faid meffuage or dwellinghouse, and then and there made a great noife and difturbance therein, and thereby then and there greatly difturbed and difquieted the faid James in the peaceable and quiet poffeffion, ufe, and occupation of his faid meffuage or dwelling houfe, whereupon he the faid James then and there requested the faid William to ceafe his faid noise and disturbance, and go and depart from and out of the faid meffuage or dwelling-houfe, to do which he the faid William then and there wholly refufed, and ftayed and continued in the faid meffuage or dwelling-houfe, making and continuing fuch his noife and disturbance therein, whereupon the faid James, at the plaintiff was to the affault, the faid time when, &c. gently laid his hands upon the said William, in order to remove, and did then and there gently remove the faid William from and out of the faid meffuage or dwelling-house, as he lawfully might do for the caufe aforefaid, which are the fame affaulting and ill-treating the faid William in the faid fecond Count of the faid declaration mentioned, whereof the said William hath above complained against him the faid James, and this he is ready to verify; wherefore he prays, &c. : And for a further plea in this behalf as 5th Plea, as to to the feizing, taking, and imprisoning the faid William, and keep. the imprisoning ing and detaining him in prifon for the space of twenty-four hours, the plaintiff, that part of the faid time in the faid fecond Count mentioned above, making a great fuppofed to have been committed by the faid John and James, noife, and that they the faid John and James, by like leave of the court here for the defendant, this purpose first had and obtained, according to the form of the for the prefer va tion of the peace, ftatute, &c, fay, that the faid William ought not to have his afore- charged a consaid action thereof maintained against them; because they fay, that ftable with the the faid William, juft before the said time when, &c. in the faid plaintif, that he fecond Count of the faid declaration mentioned, had unlawfully might be carried entered a certain other meffuage or dwelling-houfe, with the ap- of the peace and before a justice purtenances, fituate, &c. at, &c. and made a great noife, diftur- because it was bance, and affray therein, and was then making a great noife, dif- Sunday, plainturbance, and affray at and about the door of the faid laft-men- tiff was neceffa tioned dwelling-houfe, in breach of the peace of our lord the now rily detained in king, whereupon they the faid John and James being then and there cuftody, and as prefent for the prefervation of the peace of our faid lord the now that defendants king, and in order to put a stop to the faid laft-mentioned noise, in aid of tha difturbance, and affray, then and there gave charge of the faid Wil- constable molliter liam to the faid Thomas Freeman, then and there being a con- manus impofueftable and a peace officer of our faid lord the now king, and did runt. then and there requeft the faid T. F. fo being fuch conftable and peace officer as aforefaid, to take the faid William into his cuftody, and to fecure and fafely keep him until he could be carried and conveyed before fome one of the juftices affigned to keep the peace of our faid lord the now king in and for the faid county of Middlefex, then and there to answer the premifes, and to be examined and dealt with according to law for the aforefaid breach of the peace, and on that occafion they the faid John and James, in aid and affiftance of the faid T. F. fo being fuch constable and peace officer as aforefaid, and by his command did then and there, to wit, at the faid time when, &c. at, &c. gently lay their hands on the faid William in order to take, and did then and there take him the faid William in cuftody for the purpose aforefaid; but because it was then Sunday, and late in the evening, fo that the faid William could not be immediately carried and conveyed before any of the juftices aforefaid, he the faid William was neceffarily detained in the cuftody of the faid T. F. fo being fuch conftable and peace officer as aforefaid, until the next day, and that then and foon as conveniently could be, he the faid William was carried and conveyed by the faid T. F. fo being fuch conftable and peace officer as aforefaid, before |