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before W. B. esquire, then and still being one of the justices affigned to keep the peace of our faid lord the now kingin

and for the county of Midulesex aforesaid, then and there to answer the premises, and to be examined and dealt with according to law for the breach of the peace : And the faid John and James in fact say, that by means of the said several premises aforesaid the faid William was necessarily imprisoned, and kept and detained in prison for the space of twenty-four hours, part of the said time in the said second Count of the said declaration mentioned, as was lawful and just for the cause aforesaid, which are the same seizing, taking, and imprisoning the said William, and keeping and detaining him in prison for the space of twenty-four hours, part of the laid time in the said second Count of the said declaration mentioned, whereof the said William hath above complained against the said John and James; and this they the said John and James are ready to verify; whereupon they pray judgment if, &c. &c. &c.

J.C. BOLTON.

Replication, that And the said William, as to the said plea of the said John and after defendant

James by them secondly above pleaded in bar as to the breaking became possessed of the house in and entering the said dwelling-house in the said first Count of the which, &c. he said declaration mentioned, and making a noise and disturbance demised same to therein, for the said space of time in the said first Count mention. plaintiff,

and ed, and disturbing and disquieting the faid William in his poffefthat before the end of the de. fion thereof, and ejecting, expelling, putting out, and amov. mise, the de. ing the said William from the possesion and occupation of his faid fendants de inju- dwelling-house, and keeping and continuing him so thereout ejected, ria, &c. bioke expelled, put out, and amoved for the space of time in the said and entered and first Count also mentioned, above done by the faid John and and expelled the James, says, that he the said William by reason of any thing in plaintiff. that plea contained ought not to be barred from having and main

taining his aforesaid action thereof against him; because he says, that the said John, after he the said John entered and became porfeffed of the faid dwelling-house in which, &c. as in that piea mentioned, and long before the said time when, &c. to wit, on, &c. at, &c. did denise the faid dwelling-house in the said declaration mentioned, in which, &c. with the appurtenances, to have and to hold the same unto the said William from, &c. for the term of one year then next following, and so from year to year for so long a time as it hould please the said John and the said William; by virtue of which said demise the said William afterwards, and before the said time when, &c. to wit, on, &c. at, &c. entered into the said dwelling-house, with the appurtenances, and became, and until, and at, and after the faid time when, &c. was pofseffed thereof; and the said William being so possessed thereof, the faid John and James of their own wrong, at the said time when, &c. the same being before the expiration of the said demise to the said William, broke and entered the faid dwelling-house in the said first Count of the faid declaration mentioned, in which, &c. and

made

made a noise and disturbance therein, and stayed and continued therein making and continuing such their noise and disturbance therein for the said space of time in the said first Count mentioned, and difturbed the said William in the poffeffion thereof, and ejected, expelled, put out, and amoved the said William from the poffeffion and occupation of his laid dwelling-house, and kept and continued him so thereout ejected, expelled, put out, and amoved for the said space of time in the faid first Count mentioned, as the faid William has above thereof complained against them; and this he is ready to verify; wherefore since the said John and James have above acknowledged the committing of those trespasses the said William prays judgment and his damages by reason thereof to be adjudged to him, &c. : And as to the said plea of the said John To the 3d plena and James by them thirdly above pleaded in bar as to the breaking the plaintiff did and entering the said dwelling-house in the said first Count of the not give the desaid declaration mentioned, in which, &c, and making a noise and fendants leave difturbance therein, and staying and continuing in the said dwel- and licence. ling-house making and continuing such noile and disturbance therein for the said space of time in the said first Count mentioned, and disturbing and disquieting the faid William in his pofleffion 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 so thereout ejected, expelled, put out, and amoved for the said space of time in the faid firft Count mentioned, above done by the said John and James, he the said William faith that he by reason of any thing in that plea contained ought not to be barred from having and maintaining his aforesaid action thereof against them; because he says, that he the faid William did not give and grant any such leave and licence to the said John and James, as the said John and James have in that plea alledged ; and this he prays may be enquired of by the country, and to forth: And as to the said plea of the said James by him To the 4th plea, fourthly above pleaded in bar as to the aflaulting and ill treating ing the plainuff, the faid William in the second Count of the said declaration men- that defendants tioned, above done by the said James, the said William says, that de injuria, &c. he by reason of any thing in that plea of the said James contained ought not to be barred from having and maintaining his aforesaid action thereof against him; because he says, that he the faid James of his own wrong, and without any such cause as by the said James is in that plea a ledged, at the said time when, &c. aflaulted and ill treated the said William in manner and form as the said Wila liam in the said second Count of the declaration has above thereof complained against him ; and this he the said William also prays may be enquired of by the country, &c. : And as to the faid plea To the 5th plea, of the said John and James by them laftly above pleaded in bar as asto imprisoning to the seizing, taking, and 'imprisoning the faid William, and the plaintiff, that keeping and detaining him in prison for the space of twenty-four injuria, &c. hours, part of the said time in the said fecond Count mentioned, above done by the said John and James, he the said William says, that he ought not by reason of any thing in the said plea contained

defendants

de

to

to be barred from having and maintaining his aforesaid action thereof against them ; because he says, that they the said John and James of their own wtong, and without any such cause as the faid John and James have in that plea above alledged, at the time when, &c. seized, took, and imprisoned him the said William, and kept and detained him in prison for the space of twenty-four hours, part of the said time in the said fecond Count mentioned, in manner and form as he the said William hath above thereof complained against them; and this he also prays may be enquired of by the country, &c. &c.

THOMAS WALKER.

Rejoinder, ad. And the said John and James, as to the said plea of the faid mitting the de- William by him above pleaded by way of reply to the said plea of mile from the the said John and James by them secondly above picaded in bar as plaintiff, but that to the leveral supposed trespasses in the introductory part of that the fame was plea mentioned, lay as before, that the said William by reason of duly ended, and any thing in his said plea fo pleaded by way of reply above alledged illue as to the ought not to have his aforesaid action thereof maintained againft reft of the repli- them ; because admitting it to be true that the said John did de

mise the faid dwelling-house in the laid declaration mentioned, ini 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 said John and James say, that afterwards, and before the said time when, &c. to wit, on, &c. the said demise became and was duly ended and determined, to wit, at, &c.; and this they the said John and James are ready to verify; wherefore they pray judgment if the aforesaid William ought to have his aforefaid action thereof maintained against them, &c.: And as to the said plea of the said William above by him pleaded by way of reply to the said plea of the said John and James by them thirdly above pleaded in bar as to the several supposed trespasies in the introductory part of that plea mentioned, and which he the said William hath prayed may be enquired of by the country, they the said John and James do the like: And as to the faid plea of the said 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 said several supposed trespasses in the introductory part of that plea mentioned, which he the said William hath also prayed may be enquired of by the country, they the said John aná James do the like: And as to the said plea of the said William by him above pleaded by way of reply to the said plea of the said John and James by them lastly above pleaded in bar as to the several suppored trespasses in the introductory part of that plea mentioned, and which he the said William hath also prayed may be enquired of by the country, they the said John and james do the like.

J.C. BOLTON.

And

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

S. LAWRENCE.

common

Common Pleas, Michaelmas Term, 27. Gen. III. LONDON, to wit. George Passmore, late of London, mariner, Declaration, re. was attached to answer Robert Vesley in a plea; wherefore the veral faid George, at, &c. with force and arms made an assault upon the Counts for alsaid Robert, and there beat, bruised, 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 use of and uttered many ing him unable dreadful threats and menaces of bodily hurt and injury towards the to serve aboard said Robert; whereby he the said Robert was greatly terrified,

his Mip, where

by he was forced affrighted, and alarmed, and for a long time suffered and under- to quit and rewent great pain and anxiety both of body and mind: And also turn home in wherefore he the said George with force and arms, at, dic. made another. another afsault 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 said 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 also wherefore with force and arms be the said George, at, &c. made another assault upon the said Robert, and there again beat, &c. him, and there knocked, pushed, and struck the said Robert down; and the said Robert being so down, there did violently kick, bruise, drag, wound, and otherwise ill treat him; and also wherefore he the laid George afterwards, in and on board a certain brig called the London, then being in parts beyond the seas, to wit, at, &c. and in which said ihip or vessel he the said Robert there served, that is to say, at, &c. with force and arnis made another allault upon the said Robert, and there again beat, &c. him, and there with a certain stave which he there had and held, and with his fist gave and struck the said Robert many violent and grievous blows or strokes upon his head and breait and other parts, and there again laid hold of the said 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 turt and injury towards the said Robert; whereby and by reason of which said several premises he the said Robert not only became fick, sore, and disordered, and so remained and continued for a long space of time, but was necessarily forced and obliged for his

felf3

self-preservation and safety to quit and leave the said brig in which he so served as aforesaid, and in which he was about to return, and could otherwise have returned home to England, and to take. his passage home in another and different thip; whereby he not only lost and was deprived of all wages due, and that would otherwife have arisen to him from his continuance on board the said brig, but was forced and obliged to lay out and expend a large sum of money in and for his passage home in such other ship as aforesaid, and in and about his cure of his aforesaid indisposition occasioned as aforesaid: And also wherefore he the said George afterwards, at, &c. with force and arms niade another assault upon the said Robert and there again beat, &c. him, so.that his life was thereby in great danger: And also wherefore with force and arms he the faid George afterwards, at, &c. rent, tore, damaged, and spoiled the said goods and chattels of the said Robert there then found, and being of a large value: And also wherefore with force and arms he the said George afterwards, at, &c. seized and took other the goods and chattels

of the said Robert there then found, and being of a large value, and kept and detained the same for a long space of time ; whereby he the said Robert during all that time loft and was deprived of the use and benefit of his faid last-mentioned goods and chattels : And also wherefore he the faid George afterwards, at, &c. seized other the goods and chattels of the faid Robert there then found, and being of a large value, and carried away the same, and converted and disposed thereof to his own use, and other wrongs to the said 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 said Robert, by R. L. his attorney, complains, for that the said George heretofore, to wit, on, &c, at, &c. with force and arms, to wit, with swords, &c, &c. &c. &c.

V. LAWES.

common

Common Pleas, Michaelmas Term, 27. Geo. III. Declaration, fe

MIDDLESEX, to wit. Thomas Armstrong, late of, &c. veral

and Robert Larman, late of, &c. were attached to answer FredeCounts for af- rick Brown in a plea; wherefore they the said Thomas and Robert fault, imprison.

at, &c. with force and arms made an assault upon the said Fredeing, and knick. ing down plaid- rick, and there bruised, wounded, and ill treated him, and there tiff, whereby he tied and lashed together the hands and legs of the said Frederick, became fick. and kept and continued the same fo tied and lashed together for a This is the writ long space of time, and thereby during all that time deprived the part of it,

said Frederick of and restrained him in and from the use and exa ercise of his personal liberty, and also there forcibly and against his will dragged, pulled, hauled, and carried, and caused and procured him the said Frederick to be dragged, &c. about from place to place, and with a certain large stick there gave and struck the said Frederick many violent and grievous blows and strokes upon his head, back, &c. and thereby there greatly cut, bruised, wounded, lacerated, and maimed him the said Frederick; whereby and by

reason

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