plea of the faid William by him fecondly above pleaded in bar as to the affaulting, beating, and imprifoning him the faid Hugh in the firft Count of the faid declaration mentioned, and keeping and detaining him in prifon for the space of two hours, part of the faid time in the faid firft Count of the faid declaration mentioned above done by the faid William, the faid Hugh faith, that he by any thing in that plea contained ought not to be barred from having and maintaining his aforefaid action thereof against him the faid William; because he faith, that true it is that the faid building called New Inn in the faid plea mentioned, at the faid first time when, &c. and long before, was an inn of chancery belonging to the Middle Temple, one of the inns of court in which faid inn of chancery at the faid first time when, &c. and before, there was and yet is a fociety of perfons profeffing and practifing the law, commonly called the Society of New Inn; and that he the faid William, before and at the time when, &c. was the fervant of the faid fociety appointed to take care of the gates leading into the faid inn in the night-time, and to prevent noife and disturbance in the faid inn at unfeasonable times, in manner and form as the faid William hath above in his faid plea in that behalf alledged; but the faid Hugh further faith, that the faid William, at the faid time when, &c. to wit, at, &c. of his own wrong, and without the refidue of the caufe in the faid plea mentioned, made an affault on the faid Hugh, and beat and imprisoned him, and kept and detained him in prifon for the faid fpace of two hours, part of the faid time in the said firft Count of the said declaration mentioned, in manner and form as the faid Hugh hath above thereof complained against him the faid William; and this he the faid Hugh prays may be enquired of by the country; and the faid William doth the like, &c.: And as to the faid plea of the faid William by him thirdly above pleaded in bar as to the affaulting, beating, and imprifoning the faid Hugh in the faid firft Count of the faid declaration mentioned, and keeping, &c. for the space of, &c. above done by the faid William, the faid Hugh faith, that he by any thing in that plea contained ought not to be barred from having and maintaining his aforefaid action thereof against him the faid William; because he saith, that true it is that the faid building called, &c. in the faid plea mentioned, at the faid first time when, &c. and long before, was an inn of chancery belonging to the Middle Temple, one of the inns of courts in which faid inn of chancery at the faid first time when, &c. and before, there was and yet is a fociety of, &c. profeffing, &c. and that he the faid William, before and at the time when, &c. was the fervant of, &c. appointed to, &c. and to prevent, &c. in manner and form as the faid William hath above in his faid plea in that behalf alledged; but the faid Hugh further faith, that the faid William, at the faid time when, &c. to wit, at, &c. of his own wrong, and without the refidue of the cause in the faid plea mentioned, made an affault on him the faid Hugh, and beat and imprisoned him, and kept, &c. for the faid fpace of, &c. in the faid first Count of, &c. Ꮓ 4 in To 5th Plea. in manner and form as the faid William hath above in his faid plea above thereof complained against him the faid William; and this To 4th Plea. he the faid Hugh prays, &c.: And as to the faid plea of the faid William by him fourthly above pleaded in bar, as to the affaulting the faid Hugh, and beating, bruifing, wounding, and ill treating him in the first Count of, &c. and above done by the faid William, the faid Hugh faith, that he by any thing in that plea contained ought not to be barred from having and maintaining his aforefaid action thereof against the said William; becaufe he faith, that the faid William, at the faid time when, &c. to wit, at, &c. of his own wrong, and without any fuch caufe as is by the faid William in his faid plea in that behalf alledged, made an affault on him the faid Hugh, and beat, &c. in manner and form as the faid Hugh hath above thereof complained against him the faid William; and this he the faid Hugh prays, &c.: And as to the faid plea of the faid William by him fifthly above pleaded in bar, as to the affaulting the faid Hugh, and beating, &c. and tearing, rending, and spoiling the clothes of the faid Hugh, which he the faid Hugh then and there had on and was cloathed with in the fecond Count of the faid declaration mentioned above done by the faid William, the faid Hugh faith, that he by any thing in that plea contained ought not to be barred from having and maintaining his aforefaid action thereof against the faid William ; because he the faid William, at the faid time when, &c. to wit, at, &c. of his own wrong, and without any fuch caufe as is by the faid William in his faid plea in that behalf alledged, made an affault on the faid Hugh, and beat, &c. and tore, &c. in the fecond Count of, &c. in manner and form as the faid Hugh hath above thereof complained against the faid William; and this he the faid Hugh prays, &c. And as to the faid plea of the faid William by him Jaftly above pleaded in bar, as to the affaulting the faid Hugh, and beating, &c. in the laft Count of the faid declaration mentioned, and above done by the faid William, the faid Hugh faith, that he by any thing in that plea contained ought not, &c. becaufe he faith, that he the faid William of his own wrong, and without any fuch caufe as is by the faid William in his faid plea in that behalf alledged, made an affault on him the faid Hugh, and beat, &c. in manner, &c; and this he the faid Hugh prays, &c.; and the said William doth the like, &c. defendant was poffeffed of a J. MORGAN. Plea (to affault GENERAL ISSUE: And for further plea in this behalf, as to and imprifon- the making the faid affault upon the faid plaintiff, and beating ment), that the and ill-treating him, and imprifoning and keeping and detaining him in prifon for the faid fpace of time in the faid firft Count of the houfe, and that faid declaration mentioned, above fuppofed to have been commitplaintiff in the ted by the faid defendant, by leave, &c. (aclio non); because he night time was fays, that the faid defendant long before, and at the faid time making a noise when, &c. was lawfully pofleffed of and in a certain dwellingat the deer, wherefore the defendant charged the watchman with him. houfe, houfe, with the appurtenances, fituate and being in a certain public street called Charlotte-ftreet, in the parish of St. Pancras, in the county of Middlesex; and being fo thereof poffeffed he the faid plaintiff a little before the faid time when, &c. to wit, on the fame day and year in the firft Count of the faid declaration mentioned, in the night time of that day, with force and arms came to the door of that houfe, and then and there with great force and arms and violence knocked at the door of the faid house of the faid defendant; and the faid plaintiff then and there having no lawful occafion to go into the faid houfe, and no lawful occafion to speak and converfe with any perfon then in the faid houfe, and having no right to demand entrance into the faid house, then and there made a great noife, riot, and disturbance before and at the door of the faid houfe of the faid defendant, to the great annoyance and difturbance of the faid defendant and his family, and against the peace of our lord the now king; and thereupon the faid defendant then and there, at the faid time when, &c. (he the faid plaintiff fo then and there remaining and continuing before the faid door of the faid houfe of the faid defendant, and making fuch noife, riot, and difturbance, and so being there in breach of the faid peace) charged Samuel Oliver, he the faid Samuel Oliver being then and there duly affigned to keep watch there during that night, to take the çare and cuftody of the faid plaintiff, in order to carry him before fome one of his majefty's juftices of the peace, affigned to keep the peace of our faid lord the king in and for the county of Middlesex, and alfo to hear, &c. and other misdemeanors committed within the faid county, to be by fuch juftice dealt with according to law; and thereupon the faid Samuel Oliver, fo being affigned to keep the watch as aforefaid, then and there took charge of the faid plaintiff, and then and there took, carried, and conducted the faid plaintiff in cuftody before A. B. efquire, then and there being one of his majefty's juftices aforefaid, affigned to keep the peace, &c. and to hear, &c. to be examined touching and concerning his faid offence and breach of the king's peace, and on that occafion the faid plaintiff remained fo imprifoned for a fhort fpace of time, to wit, for the fpace of three hours, and until the faid plaintiff afterwards, to wit, on the fame, &c. was by due courfe of law discharged, which are the fame, &c.; and this, &c.; wherefore, &c. F. BULLER. I have drawn a juftification in this cafe, but it seems to me to admit of fome doubt whether a private person, as the defendant is, can justify an imprifonment for a riot or affray ? Another juftification was afterwards thought neceffary, stating plaintiff was making a riot in Charlotte ftreet, and not before the door of defendant's houfe, [as follows:] And for further plea, as to the making, &c. by like leave, &c. (actio non); because he fays, that the faid plaintiff a little before the faid time when, &c. to wit, on the fame, &c. in the faid first Count Plea, it, Count of the faid declaration mentioned, in the night time of that General Iffue: And for further plea in this behalf as to the breaking and entering the faid meffuage or dwelling-house in the faid firft Count of the faid declaration mentioned, and making a noife and disturbance therein, and continuing therein for the fpace of half an hour, part of the faid time in the faid firft Count of the faid declaration mentioned, and breaking and entering the faid rooms and apartments in the faid meffuage or dwelling-houfe, and making a little noife and difturbance therein, and continuing therein for the space of half an hour, part of the faid time in the faid first Count of the faid declaration mentioned, by them fuppofed to have been done, they the faid defendants, by leave, &c. London an an- (actio non); because they fay, that the city of London now is, cient city. and at the faid time when, &c. in the said first Count of the faid The ward of declaration mentioned was an ancient city of this kingdom, and Broad-street an that the ward of Broad-street aforefaid is, and at the faid time ancient ward when, &c. was an ancient ward; and that within the ward aforeA courtof ward- faid there now is, and from time immemorial hath been a certain court of our faid lord the now king and his predeceffors, called the Wardmote, held and to be held every year upon the feast of St. Thomas the Apostle, unless the feaft be upon a Sunday, and in that cafe upon the day next following the faid feaft before the alderman of the faid ward for the time being, or his deputy within the faid ward, in which faid court, according to the custom thereof within the faid ward for all the time aforefaid ufed and approved, all the men inhabiting and refiant, paying scot and bearing lot for the time being in the faid ward, have been used and accustomed, and ought, and were bound by reason of their refidence mote held with in the ward. then BY AUTHORITY OF LAW-WITHOUT PROCESS-AS OFFICERS. 347 retidence there, to appear in the faid court and do their fuit there, and in the faid court, according to the custom thereof yearly, the faid men inhabiting and refiant, paying fcot and bearing lot, and fo many of them as fhould appear at the faid court as aforefaid, have during all the time aforefaid been used and accustomed, and ftill of right ought to chuse and appoint divers, to wit, perfons Inqueft then inhabiting the faid ward and paying fcot and bearing lot with- appointed, in the faid ward, to be an inqueft in and for the faid ward for and during the space of one year then next enfuing for the enquiring for the enquiry and prefenting if any perfon within the faid ward kept any bawdy kept a house of if any perfon houfe, or any other houfe of ill fame; and for that purpofe the faid ill fame. inqueft, during all the time aforefaid, have been used and accuftomed, and ftill of right ought to enter into any meffuage or dwelling-house, and the rooms thereof, within the faid ward, at feafonable and convenient times, and upon reasonable cause of sufpicion, and there to enquire and fearch whether fuch meffuage or dwelling-houfe was a bawdy-houfe, or houfe of ill fame, according to the duty of their aforefaid office: And the faid defendants further Defendants apfay, that a certain court of wardmote, holden on the twenty-first pointed, day of December now laft paft, the fame being the feaft of St. Thomas the Apostle now last past, before A. B. efquire, then and ftill being an alderman of the faid ward within the faid ward, certain then inhabitants and refiants, bearing lot and paying fcot for the time being in the faid ward appearing in the faid court, did chufe and appoint the faid defendants and , being perfons then inhabiting the faid ward and paying fcot and bearing lot within the faid ward, to be an inqueft for the faid ward for and during the year then next enfuing for the enquiring of and presenting if any perfon within the faid ward kept any bawdy-houfe, or any other houfe of ill fame as aforefaid: And the faid defendants further fay, Had caufe to that the faid inqueft, having taken upon themselves the faid office, fufpect that the they the faid defendants being part of fuch inqueft as aforefaid, a plaintiff kept a little before and at the faid time when, &c. had reasonable cause bawdy-house ; to fufpect that the faid meffuage or dwelling-house of the faid plaintiff was a bawdy-houfe, or house of ill fame; and thereupon, as part of fuch inqueft as aforefaid, at the faid time when, &c. the fame being a seasonable and convenient time for that purpose, entered with one C. D. a conftable of the parish aforefaid, for the preservation of the peace of our faid lord the king, into the faid entered mefuage or dwelling-houfe in the faid firft Count of the faid decla- fearch. ration mentioned, the fame being within the faid ward and the rooms thereof, to enquire and fearch whether fuch meffuage or dwelling houfe was a bawdy-house, or house of ill fame, according to the duty of their aforefaid office, as it was lawful for them to do for the cause aforefaid, and in fo doing neceffarily and unavoidably made a little noife and difturbance in the faid messuage or dwelling-house and rooms in the faid firft Count mentioned, and continued therein for the space of half an hour, part of the faid time in the faid firft Count of the faid declaration mentioned, as it wherefore they to |