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Replication.that after defendant

that before the

made a noife,

before W. B. efquire, then and still being one of the juftices af-
figned to keep the peace of our faid lord the now king in and for the
county of Middlefex aforefaid, then and there to answer the pre-
mifes, and to be examined and dealt with according to law for the
breach of the peace: And the faid John and James in fact fay,
that by means of the faid feveral premifes aforefaid the faid Wil-
liam was neceffarily imprifoned, and kept and detained in prifon
for the space of twenty-four hours, part of the faid time in the faid
fecond Count of the faid declaration mentioned, as was lawful and
juft for the caufe aforefaid, which are the fame feizing, tak-
ing, and imprifoning the faid William, and keeping and de-
taining him in prifon for the space of twenty-four hours, part of
the faid time in the faid fecond Count of the faid declaration men-
tioned, whereof the faid William hath above complained againft
the faid John and James; and this they the faid John and James
are ready to verify; whereupon they pray judgment if, &c. &c.
&c.
J. C. BOLTON.

And the faid William, as to the faid plea of the said John and James by them fecondly above pleaded in bar as to the breaking became poffeffed of the houfe in and entering the faid dwelling-houfe in the faid first Count of the which, &c. he faid declaration mentioned, and making a noife and disturbance demifed fame to therein, for the faid space of time in the faid firft Count mentionplaintiff, and ed, and disturbing and difquieting the faid William in his poffefend of the de- fion thereof, and ejecting, expelling, putting out, and amovmife, the de- ing the faid William from the poffeffion and occupation of his faid fendants de inju- dwelling-houfe, and keeping and continuing him fo thereout ejected, ria, &c. bioke expelled, put out, and amoved for the space of time in the faid and entered and firft Count alfo mentioned, above done by the faid John and and expelled the James, fays, that he the faid William by reason of any thing in plaintiff. that plea contained ought not to be barred from having and maintaining his aforefaid action thereof against him; because he fays, that the faid John, after he the said John entered and became poffeffed of the faid dwelling-houfe in which, &c. as in that plea mentioned, and long before the faid time when, &c. to wit, on, &c. at, &c. did demife the faid dwelling-house in the faid declaration mentioned, in which, &c. with the appurtenances, to have and to hold the fame unto the faid William from, &c. for the term of one year then next following, and fo from year to year for fo long a time as it fhould pleafe the faid John and the faid William; by virtue of which faid demife the faid William afterwards, and before the faid time when, &c. to wit, on, &c. at, &c. entered into the faid dwelling-houfe, with the appurtenances, and became, and until, and at, and after the faid time when, &c. was poffeffed thereof; and the faid William being fo poffeffed thereof, the faid John and James of their own wrong, at the faid time when, &c. the fame being before the expiration of the faid demise to the faid William, broke and entered the faid dwelling-house in the faid first Count of the faid declaration mentioned, in which, &c. and

made

and licence.

made a noise and difturbance therein, and ftayed and continued therein making and continuing fuch their noife and disturbance therein for the faid fpace of time in the faid firft Count mentioned, and difturbed the faid William in the poffeffion thereof, and ejected, expelled, put out, and amoved the faid William from the poffeffion and occupation of his faid dwelling-houfe, and kept and continued him fo thereout ejected, expelled, put out, and amoved for the faid space of time in the faid firft Count mentioned, as the faid William has above thereof complained against them; and this he is ready to verify; wherefore fince the faid John and James have above acknowledged the committing of those trefpaffes the faid William prays judgment and his damages by reafon thereof to be adjudged to him, &c. : And as to the faid plea of the faid John To the 3d ples, and James by them thirdly above pleaded in bar as to the breaking the plaintiff did and entering the faid dwelling-house in the faid firft Count of the not give the defaid declaration mentioned, in which, &c. and making a noife and fendants leave difturbance therein, and ftaying and continuing in the faid dwelling-house making and continuing fuch noife and disturbance therein for the said space of time in the said first Count mentioned, and difturbing and difquieting the said 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 ejected, expelled, put out, and amoved for the faid space of time in the faid firft Count mentioned, above done by the faid John and James, he the faid William faith that he by reafon of any thing in that plea contained ought not to be barred from having and maintaining his aforefaid action thereof against them; because he fays, that he the faid William did not give and grant any fuch leave and licence to the faid John and James, as the faid John and James have in that plea alledged; and this he prays may be enquired of by the country, and fo forth: And as to the faid plea of the faid James by him To the 4th plea, fourthly above pleaded in bar as to the affaulting and ill treating ing the plaintiff, the faid William in the fecond Count of the faid declaration men- that defendants tioned, above done by the faid James, the faid William fays, that de injuria, &c. he by reason of any thing in that plea of the faid James contained ought not to be barred from having and maintaining his aforefaid action thereof against him; because he fays, that he the faid James of his own wrong, and without any fuch caufe as by the faid James is in that plea alledged, at the faid time when, &c. affaulted and ill treated the faid William in manner and form as the faid William in the said second Count of the declaration has above thereof complained against him; and this he the faid William alfo prays may be enquired of by the country, &c.: And as to the faid plea To the 5th plea, of the faid John and James by them laftly above pleaded in bar as asto imprisoning to the feizing, taking, and imprifoning the faid William, and the plaintiff, that keeping and detaining him in prifon for the space of twenty-four injuria, &c. hours, part of the faid time in the faid fecond Count mentioned, above done by the faid John and James, he the faid William fays, that he ought not by reafon of any thing in the faid plea contained

as to the affault

defendants

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to

defendant to the

iffue as to the

eation.

to be barred from having and maintaining his aforesaid action
thereof against them; because he fays, that they the faid John and
James of their own wrong, and without any fuch caufe as the
faid John and James have in that plea above alledged, at the time
when, &c. feized, took, and imprifoned him the faid William,
and kept and detained him in prifon for the fpace of twenty-four
hours, part of the faid time in the faid fecond Count mentioned,
in manner and form as he the faid William hath above thereof com-
plained against them; and this he also prays may be enquired of
by the country, &c. &c.
THOMAS WALKER.

Rejoinder, ad- And the faid John and James, as to the faid plea of the faid mitting the de- William by him above pleaded by way of reply to the faid plea of mife from the the faid John and James by them fecondly above pleaded in bar as plaintiff, but that to the feveral fuppofed trefpaffes in the introductory part of that the fame was plea mentioned, fay as before, that the faid William by reafon of duly ended, and any thing in his faid plea fo pleaded by way of reply above alledged ought not to have his aforefaid action thereof maintained against reft of the repli- them; because admitting it to be true that the faid John did demife the faid dwelling-house in the faid declaration mentioned, in which, &c. with the appurtenances, to the faid William in manner and form as the faid William hath above in his faid plea fo pleaded by way of reply in that behalf alledged, for rejoinder in this behalf the faid John and James fay, that afterwards, and before the faid time when, &c. to wit, on, &c. the faid demife became and was duly ended and determined, to wit, at, &c.; and this they the faid John and James are ready to verify; wherefore they pray judgment if the aforefaid William ought to have his aforefaid action thereof maintained against them, &c.: And as to the faid plea of the faid William above by him pleaded by way of reply to the faid plea of the faid John and James by them thirdly above pleaded in bar as to the feveral fuppofed trefpaffes in the introductory part of that plea mentioned, and which he the faid William hath prayed may be enquired of by the country, they the faid John and James do the like: And as to the faid plea of the faid William by him above pleaded by way of reply to the faid plea of the faid John and James by them fourthly above pleaded in bar, as to the faid feveral fuppofed trefpaffes in the introductory part of that plea mentioned, which he the faid William hath alfo prayed may be enquired of by the country, they the faid John and James do the like: And as to the faid plea of the faid William by him above pleaded by way of reply to the faid plea of the said John and James by them laftly above pleaded in bar as to the several supposed trefpaffes in the introductory part of that plea mentioned, and which he the faid William hath alfo prayed may be enquired of by the country, they the said John and James do the like.

J. C. BOLTON.

And

was

ended.

And the faid William, as to the faid plea of the faid John and Surrejoinder, James by them above pleaded by way of rejoinder to the faid plea that the demife of the faid William by him pleaded by way of reply to the faid not duly plea of the said John and James, by them fecondly above pleaded in bar as to the feveral trefpaffes in the introductory part of that plea mentioned, fays, that the faid demife did not become and was not duly ended and determined in manner and form as the faid John and James have above alledged; and this he prays may be enquired of by the country, &c. and the faid John and James do the like, S. LAWRENCE.

&c.

common

faulting, knock

his fhip, where

Common Pleas, Michaelmas Term, 27. Geo. III. LONDON, to wit. George Paflmore, late of London, mariner, Declaration, fewas attached to answer Robert Veffey in a plea; wherefore the veral faid George, at, &c. with force and arms made an affault upon the Counts for affaid Robert, and there beat, bruifed, wounded, and ill treated ing down plainhim, and there laid hold of and forcibly pulled and hauled the said tiff, and renderRobert about by the nose, and there made ufe of and uttered many ing him unable dreadful threats and menaces of bodily hurt and injury towards the to ferve aboard faid Robert; whereby he the faid Robert was greatly terrified, by he was forced affrighted, and alarmed, and for a long time fuffered and under- to quit and rewent great pain and anxiety both of body and mind: And alfo turn home in wherefore he the faid George with force and arms, at, &c. made another. another affault on the faid Robert and there again beat, &c. him, and This is the writ forcibly fell upon, and seized, and laid hold of the faid Robert, and part of it. dragged and hauled him about, and there again menaced and there abused him with bodily hurt and injury; whereby he suffered and underwent further pain and anxiety of mind and body: And alfo wherefore with force and arms he the faid George, at, &c. made another affault upon the faid Robert, and there again beat, &c. him, and there knocked, pufhed, and ftruck the faid Robert down; and the faid Robert being fo down, there did violently kick, bruife, drag, wound, and otherwife ill treat him; and alfo wherefore he the faid George afterwards, in and on board a certain brig called the London, then being in parts beyond the feas, to wit, at, &c. and in which faid thip or veffel he the faid Robert there ferved, that is to fay, at, &c. with force and arms made another affault upon the faid Robert, and there again beat, &c. him, and there with a certain ftave which he there had and held, and with his fift gave and ftruck the faid Robert many violent and grievous blows or ftrokes upon his head and breast and other parts, and there again laid hold of the faid Robert, and pulled, dragged, and hauled him about with great force and violence, and greatly cut, bruited, lacerated, wounded, and maimed him, and made ule of and uttered many other dreadful threats and menaces of bodily burt and injury towards the faid Robert; whereby and by reason of which faid feveral premifes he the faid Robert not only became fick, fore, and difordered, and fo remained and continued for a long pace of time, but was neceffarily forced and obliged for his

3

felf

Declaration, feveral

became fick.

felf-prefervation and fafety to quit and leave the faid brig in which
he fo ferved as aforefaid, and in which he was about to return,
and could otherwife have returned home to England, and to take.
his paffage home in another and different fhip; whereby he not
only loft and was deprived of all wages due, and that would other-
wife have arisen to him from his continuance on board the faid brig,
but was forced and obliged to lay out and expend a large fum of
money in and for his paffage home in fuch other ship as aforesaid,
and in and about his cure of his aforefaid indifpofition occafioned
as aforefaid: And also wherefore he the faid George afterwards,
at, &c. with force and arms made another affault upon the faid
Robert and there again beat, &c. him, fo.that his life was thereby
in great danger: And alfo wherefore with force and arms he the
faid George afterwards, at, &c. rent, tore, damaged, and spoiled
the faid goods and chattels of the faid Robert there then found,
and being of a large value: And alfo wherefore with force and
arms he the faid George afterwards, at, &c. feized and took other
the goods and chattels of the faid Robert there then found, and
being of a large value, and kept and detained the fame for a long
fpace of time; whereby he the faid Robert during all that time
loft and was deprived of the ufe and benefit of his faid laft-men-
tioned goods and chattels : And also wherefore he the faid George
afterwards, at, &c. feized other the goods and chattels of the faid
Robert there then found, and being of a large value, and carried
away the fame, and converted and difpofed thereof to his own use,
and other wrongs to the faid Robert there did, to the great damage
of the faid Robert, and against the peace of our lord the now king,
his crown and dignity; whereupon the faid Robert, by R. L. his
attorney, complains, for that the faid George heretofore, to wit,
on, &c. at, &c. with force and arms, to wit, with fwords, &c.
&c. &c. &c.
V. LAWES

Common Pleas, Michaelmas Term, 27. Geo. III. MIDDLESEX, to wit. Thomas Armstrong, late of, &c. common and Robert Larman, late of, &c. were attached to answer FredeCounts for af- rick Brown in a plea; wherefore they the faid Thomas and Robert fault, imprifon- at, &c. with force and arms made an affault upon the faid Fredeing, and knocking down plain- rick, and there bruifed, wounded, and ill treated him, and there tiff, whereby he tied and lafhed together the hands and legs of the faid Frederick, and kept and continued the fame fo tied and lashed together for a This is the writ long space of time, and thereby during all that time deprived the faid Frederick of and reftrained him in and from the use and exercife of his perfonal liberty, and alfo there forcibly and against his will dragged, pulled, hauled, and carried, and caufed and procured him the faid Frederick to be dragged, &c. about from place to place, and with a certain large ftick there gave and struck the said Frederick many violent and grievous blows and ftrokes upon his head, back, &c. and thereby there greatly cut, bruifed, wounded, lacerated, and maimed him the faid Frederick; whereby and by

part of it,

reafon

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