Orindie in the firft Count of the faid declaration mentioned, and imprifoning and detaining her as therein mentioned, whereof the faid Orindie hath above complained againft him the faid John; and this, &c.; wherefore, &c. Drawn by MR. J. GRAHAM.

PLEA, ft, Not Guilty: And for further plea in this be- Juflification to half as to the faid affaulting the faid plaintiff in the faid firft Count trefpafs and falle of the faid declaration mentioned, and imprifoni: g the faid plain that the defend. imprisonment, tiff, and keeping and detaining him in prifon for the faid fpace of ant's hotfe hal time in the faid firft Count mentioned, above fuppofed to have been stolen ort been committed by the faid defendant, he the faid defendant, by of his ftable, leave of, &c. fays, (actio non); becaufe he faith, that before the and he sufpcét ed the plaintiff faid time when, &c. in the faid firft Count mentioned, to wit, on, of being a thief, &c. fome perfon or perfons, to the faid plaintiff at that time un- and charged the known, had felonioufly ftolen, taken, and conveyed away from conftable with and out of a certain ftable of him the faid defendant, fituate and him to take him before a juftice. being at, &c. in, &c. divers, to wit, two horfes of him the faid defendant of a large value: And the faid defendant further fays, that he the faid defendant, before and at the faid time when, &c. had just reafon to fufpect, and did fufpect the faid plaintiff to have been concerned in the ftealing, taking, and carrying away the faid horfes of him the faid defendant as aforefaid, and for that reafon he the faid defendant, at the faid time when, &c. to wit, on, &c. in the faid Count mentioned, at, &c. in, &c. did give charge of the faid plaintiff to one A. B. who was then a conftable of C. aforefaid, and had then and there full power and authority in that behalf, and did then and there require the faid conftable tɔ take the faid plaintiff into his cuflody, and to carry him before fome one of the juftices affigned to keep the peace of our faid lord the king in and for the faid county of S. and alfo to hear and determine divers felonies, trefpaffes, and other mifdemeanors com mitted within the faid county, to be dealt with by fuch justice according to law, and upon that occafion the faid A. B. fo being fuch conftable as aforefaid, and the faid defendant in his aid and affiftance did then and there take the faid plaintiff into the cuftody of the faid A. B. and did then and there detain him in fuch cuftody for the faid fpace of time in the faid firft Count of the faid declaration mentioned, being a reasonable time for that purpofe, as it was lawful for them to do for the caufe aforefid, which are the faid affaulting of the faid plaintiff in the faid firft Count of the faid declaration mentioned, and imprifoning the faid plaintiff, and keeping and detaining him in prifon for the said space of time in the faid Count mentioned, whereof the faid plaintiff hath above thereof complained against him the said defendant; and this, &c.; wherefore, &c. if, &c.

Where a private perfon arrefts ano. ther on fufpicion of felony, he may deliver him to the conftable of the vill,

C. RUNNINGTON.

and that will be a fufficient difcharge,
2. Haw. Pl. Co cl. 21.

And

ant took and

detained the

AND the faid defendant, by A. B. his attorney, comes and de Juftification to affault and falfe fends the force and injury when, &c. and fays, that he is not guilimprifonment, ty of the feveral trefpaffes above laid to his charge, in manner that the defend and form as the faid plaintiff hath above thereof complained against him; and of this he puts himself upon the country: And for a plaintiff by vir further plea in this behalf as to the affaulting, beating, and impritue of a warrant foning the faid plaintiff in the first Count of the faid declaration grounded on a mentioned, and keeping and detaining him fo imprifoned for the latitat in B. R. faid fpace of time in that Count mentioned above fuppofed to have been committed by the faid defendant, he the faid defendant, by One R. R. fued leave of, &c. fays (actio non); because he fays, that one R. B. belatitat fore the faid time when, &c. in the faid firft Count of the faid against plaintiff. declaration mentioned, to wit, on, &c. in the twenty-fixth year

out a

of the reign of our lord the now king, fued and profecuted out of the court of our faid lord the now king before the king himself (the faid court then and ftill being held at Westminster, in the said county of Middlefex) a certain writ of our faid lord the king called a latitat against the faid plaintiff, directed to the sheriff of London; by which faid writ reciting, that whereas our faid lord the king had then lately commanded his fheriff of Middlesex that he fhould take the faid plaintiff and John Doe if they might be found in his bailiwick, and keep them fafely, fo that he fhould have their bodies before the faid lord the king at Westminster at a cer tain day then paft, to answer to the faid R. B. in a plea of trefpafs, and alfo to a bill of the faid R. B. against the faid plaintiff for twenty-four pounds upon promifes, according to the custom of the court of our faid lord the king before the king himself to be exhibited, and that the faid sheriff of Middlesex at that day returned to our faid lord the king that the aforefaid plaintiff and John were not found in his bailiwick, whereupon on behalf of the faid R. B. it was fufficiently attefted in the faid court of our faid lord the king, before the king himself, that the aforefaid James and John did run up and down, and fecrete themselves in the county of the faid fheriff of London, our faid lord the king commanded the faid theriffs of London that they fhould take them if they might be found in their bailiwick, and fafely keep them fo that they might have their bodies before our faid lord the king at Weftminster on Monday next after the morrow of All Souls, to answer to the faid Richard of the plea and bill aforefaid, and that the faid fheriffs of London fhould have there then that writ, which faid writ afterwards, and before the delivery thereof to the fheriffs of London to be executed as is hereafter mentioned, was duly indorfed for bail for twelve pounds and upwards, by virtue of an affidavit of the cause of action of the said Richard in that behalf before them duly made and affiled of record in the faid court of our faid lord the king, before the king himself at Westminster aforesaid, according to the form of the statute in such case made and provided; which faid writ fo indorsed for bail as aforefaid afterwards and before the faid return thereof, and alfo before the faid first time when, &c. to wit, on, &c. at, &c.

in, &c. was delivered to B. W. and J. S. efquires, who then and from thenceforth until and at the faid first time when, &c. were fheriff's of London, to be executed in due form of law; by virtue of which faid writ the faid B. W. and J. S. efquires, fo being fheriff's of London as aforefaid, afterwards and before the return of the faid writ, and also before the faid first time when, &c. to wit, on, &c. at, &c. in, &c. for having execution of the faid writ duly made their certain warrant in writing, and then and there directed the fame to any of the faid fheriffs, ferjeants at mace, except A. B. C. D. &c. &c. and by the faid warrant then and there commanded all and every the faid ferjcants at mace to whom the fame was fo directed as aforefaid, that they, or fome or one of them, should take the faid James by virtue of the said writ to anfwer to the faid Richard in the plea and to the bill aforefaid, which faid warrant was then and there duly marked for bail for twelve pounds and upwards, and which faid warrant fo marked for bail as aforefaid, afterwards and before the return of the faid writ, and alfo before the faid firft time when, &c. to wit, on, &c. at, &c. in, &c. was delivered to one S. M. who then and from thenceforth and until and at the faid firft time when, &c. was one of the faid fheriffs, ferjeants at mace, to whom the faid warrant was fo directed as aforefaid, and not excepted therein to be executed in due form of law; by virtue of which faid warrant he the faid S. M. fo being fuch ferjeant at mace as aforesaid, afterwards and before the faid firft time when, &c. to wit, on, &c. in the faid first Count of the faid declaration mentioned, within the bailiwick of the faid fheriffs of London, to wit, at, &c. in, &c. in execution of the faid writ and warrant gently laid his hands on the faid James to arreft, and did then and there arreft the faid James by virtue of the faid writ and warrant, and kept and detained him in cuftody at the fuit of the faid Richard for the cause aforefaid, and for want of bail to the faid writ from thence until he the faid S. M. afterwards, and before the faid return of the jaid writ, to wit, on, c. being the faid time when, &c. in the faid firft Count of the faid declaration mentioned, at, &c. in, c. delivered the faid James, together with the faid warrant into the custody of the faid John (he the faid John then being and afterwards one of the ferjeants at mace of the faid sheriffs of London, ta tuhom the jaid warrant was fo directed as aforefaid, and not excepted therein) and then and there charged the faid John, fo being fuck ferjeant at mace as aforefaid, with the custody of the faid james by virtue of the faid warrant, and on that occafion he the faid John, Jo being fuchferjeant at mace as aforefaid, then and there received the faid James into his cuftody, and kept and detained him therein (1) for want of bail (1)" and afterto the faid writ for the faid space of time in the faid first Count of wards, to wit, the faid declaration mentioned, as he lawfully might for the caufe on, &c. at. &c. in, &c. he the faid S. M. as fuch ferjeant at mace as aforefaid, and the faid John in his aid and affistance, and byhis command kept and detained the faid James in cuflody by virtue of the said laft-mentioned writ and warrant”.

aforefaid:

aforefaid: And the faid John in fact further faith, that afterwards and before the return of the faid writ, the faid warrant was duly returned to the faid fheriffs of London executed in form aforesaid, to wit, at, &c. in. &c. which are the faid affaulting, beating, and imprifoning the faid James in the faid first Count of the faid declaration mentioned, and keeping and detaining him imprisoned for. the space of time in the said firft Count alfo mentioned, whereof the faid James hath above complained against him the faid John; and this, &c.; wherefore, &c. if, &c.: And for further plea, &c. [Same as the laft, only omitting what is in Italic, and inferting in licu thereof what is in the margin.]

Plea (to a decla S. SAYER, ESQUIRE,

for

S. SAYER, ESQUIRE,

against

EARL OF ROCHFORD.

Drawn by MR. TIDD.

PLEA 1ft, General Iffue And for further plea as to all trefpatles, &c. (alio non); because he fays, that

ration breaking, &c. into a houfe, before the committing any of the faid fuppofed trefpaffes, the breaking open defks, &c. feiz- defendant was one of the lords of the privy council of our lord the ing goods, mak- king, and one of his majefty's principal fecretaries of ftate, to wit, ing an affault on at, &c. in, &c.: And the faid defendant further faith, that one plaintiff, and F. R. before the faid time when, &c. to wit, on, &c. before and imprisoning him) that the alfo at the faid time when, &c. was an adjutant to the first defendant was battalion of the first regiment of foot guards of our faid lord the fecretaryofftate, king, and which faid battalion on, &c. and before and alfo at the and that one faid time when, &e was ftationed in his majesty's Tower of LonA.B. having ac don; and the faid F. R. fo being an adjutant to the aforefaid battiff on oath of talion, and the faid battalion fo being in the Tower of London as high treafon,the aforefaid, he the faid F. R. before the faid first time when, &c. to defendant made wit, on, &c. at, &c. came in his own proper perfon before the said out his warrant defendant, being then and there one of the lords of the privy to apprehend council, and being one of the principal fecretaries of flate of our him, and it appearing to the faid lord the king, and then and there upon his oath, upon the holy defendant that gofpel of God then and there by defendant in due form of law adminithe plaintiff was tered, did depofe, fwear, and make information before defendant guilty, he com that he the faid F. R. did, on, &c. meet plaintiff, &c. &c. [Set mited him to forth the examination of F. R. the purport of which was, that

cufed the plain

the Tower.

F. R. fhould deliver the Tower up to the plaintiff, the king was to be feized and imprifoned there, &c. &c.]: And defendant further fays, that defendant, upon the faid information of the faid F. R. afterwards and before the committing any of the faid fuppofed trefpaffes, to wit, on, &c. at, &c. being then and there one of the principal fecretaries of state as aforesaid, did make his certain warrant in writing under the hand and feal of defendant, directed to E. M. and E. S. then and there being two of his majesty's meffengers in ordinary, and minifters of defendant in that behalf, by which faid warrant the defendant did, in his majesty's name, authorize and require them the faid E. M. and E. S. faking a conftable to their alliftance forthwith, to make strict and diligent fearch for plaintiff, and him having found, to feize and apprehend for high treafon againft his majefty, and to bring him with his

papers

papers in fafe cuftody before him the defendant to be examined concerning the premises with which he was charged according to the law, in the due execution whereof all mayors, fheriffs, officers, juftices of the peace, conftables, and all other his majesty's officers both civil and military, and loving fubjects whom it might, were to be aiding and affifting to them the faid E. M. and E. S. as there fhould be occafion; which faid warrant the faid defendant afterwards, and before the committing any of the faid fuppofed trefpaffes, to wit, on, &c. at, &c. defendant being then and there one of the lords of the privy council, and one of the principal fecretaries of state of the faid king as aforefaid, did cause to be deli vered to the faid E. M. and E. S. in the faid warrant mentioned, being then and there two of his majesty's meffengers as aforefaid to be executed in due form of law: And defendant further fays, that afterwards and before the faid time when, &c. to wit, on, &c. the faid E. M. and E. S. being his majesty's meffengers in ordinary as aforesaid, by virtue of the faid warrant took to their affistance 3 certain conftable, to wit, one J. W. who was then and there a constable in the parish of, &c. to wit, at, &c.; and the faid E. S. and E. M. together with the faid conftable, afterwards, to wit, at the faid time when, &c. entered into the faid dwelling-houfe in order to seize and apprehend plaintiff in his dwelling-house, and the outer door thereof being then and there open, did then and there by virtue of the faid warrant feize and apprehend him the faid plaintiff in his faid dwelling-house, and did then and there alfo feize, take, and carry away the faid goods and chattels in the faid declaration mentioned, then being the papers of plaintiff; and because the said papers were then and there contained and locked up in the faid cabinet, fcrutoires, writing defks, boxes, bureaus, trunks, and drawers in the faid declaration mentioned, fo that the faid E. M. and E. S. together with the faid conftable, did then and there force and break open the faid cabinets, &c. for the purpose aforefaid, and the faid E. M. and E. S. together with the faid conftable, did then and there force and break open the faid cabinets, &c. and did neceffarily on the occafion aforefaid continue in the faid dwelling-houfe for the fpace of four hours, part of the faid time in the faid declaration mentioned, and during that time did neceflarily and unavoidably make fome noife and disturbance therein, and thereby unavoidably difquiet plaintiff in the poffeffion thereof, they the faid E. M. and E. S. doing as little damage on that occafion as they poffibly could, and the faid E. M. and E. S. together with the faid conftable, fo having feized and apprehended plaintiff, and feized his faid papers as aforefaid, did with all convenient speed, to wit, on, &c. at, &c. bring plaintiff and his papers in cuftody before the faid defendant, according to the exigency of the faid warrant, and that he the faid defendant did then and there examine the faid plaintiff of and concerning the premises, and thereupon, and upon confideration of the premises, and it appearing to him the faid defendant that the plaintiff was guilty of treafonable practices charged upon him by the oath of the faid F. R. VOL. IX.

Ꮓ

bafore