reafon of which said several premises, he the faid Frederick then by he lo feve had merited the Thomas Dawson late of, &c. was attached to anfwer Stephen Declaration Robfon in a plea; wherefore he the faid Thomas with force and against defend. arms, &c. at, &c. in, &c. made an affault on him the faid Stephen ant for making and there beat, bruifed, wounded, and ill treated him, and there an affault on feized and laid hold of the faid Stephen by the collar, and there plaintiff wherewith his fifts and otherwife gave and ftruck the faid Stephen many ral of his tenants violent and grievous blows and strokes upon his head, face, breast, who lived in his and other parts of his body, and then pulled, dragged, and hauled houfes, andwho him over a certain wall with great force and violence, and there thought plaintiff made ufe of and uttered many horrid and dreadful imprecations, treatment given threats, and menaces, and many reproachful and opprobrious him by defendepithets and fcurrilous expreffions of and against him the faid ant, dragging Stephen, whereby and by reafon of which faid feveral premifes him over a wall, the faid Stephen became fick, fore, and difordered, and fo re- tearing mained and continued for a long space of time then next follow- clothes, &c. ing, and by reafon of fuch ill ufage of him the faid Stephen, and from a mistaken idea of his having merited the fame, certain then tenants of and to him the faid Stephen of certain mefluages and premises of him the faid Stephen, fituate in the parish of, &c. in, &c. who were prefent at fuch ill ufage left and quitted the faid premises fo by them refpectively holden as aforefaid, without paying him VOL IX. D the his Plea. affaulting, &c. the faid Stephen certain then arrears of their respective rents amounting in the whole to a large fum of money, and in confe quence thereof divers of the faid meffuages became and were for a long time untenanted, and the refidue thereof have always fince hitherto been and fill are untenanted and unoccupied, and the aforefaid arrears of rent are fill unpaid, and the faid Stephen is likely to wholly lofe the fame; and alfo wherefore he the faid Thomas with force and arms, &c. at, &c. made another affault on him the faid Thomas and there again beat, &c. fo that his life was thereby greatly defpaired of; and alio wherefore he the faid Thomas with force and arms, &c. at, &c. rent, tore, damaged, injured, and fpoiled divers goods and chattels of the faid Stephen there then found and being of a large value, and other wrongs there to the faid Stephen did against the peace of our lord the king, and to the great damage of the faid Stephen; and therefore the faid Stephen, by A. B. his attorney, complains, for that the faid Thomas, to wit, on, &c. made an affault on him the faid Stephen, and then and there beat, &c. and then and there feized, &c. and then and there with his fifts and otherwife gave, &c. many violent, &e. upon his head, &c. and then and there pulled, &c. and then and there made ufe of and uttered, &c. whereby and by reafon of which faid feveral premises the faid Stephen became fick, &c. and fo remained, &c. to wit, for the fpace of five days then next following; and by reafon of fuch ill ufage of him the faid Stephen, and from a mistaken idea, &c. (as before); and alfo for that he faid Thomas on, &c. with force and arms, &c. made, &c. and then and there again beat, &c. fo that his life, &c. and alfo for that he the faid Thomas on, &c. with, &c. rent, &c. the goods and chattels of the faid Stephen, to wit, one coat, &c. there then found and being of a large value, to wit, of, &c and other wrongs to the faid Stephen then and there did against the peace of, &c. and to the damage of the faid Stephen of one hundred pounds; and therefore he brings his fuit. V. LAWES. And the faid Thomas, by A. B. his attorney, comes and defends 1ft. Not guilty, the force and injury when, &c. and fays that he is not guilty of the premises above laid to his charge, in manner and form as the faid Stephen hath above thereof complained against him; and of this he puts himself upon the country, and the faid Stephen doth 24. As to the the like, &c. And for further plea in this behalf as to the affaultthat defendant ing, beating, and feizing, and laying hold of the faid Stephen by was poffeffed of the collar in the firft Count of the faid declaration mentioned, a clofe in which the faid Thomas by leave of, &c. according to, &c. fays, actio non; because he fays, before and at the faid time when, &c. he brick wall, and the faid Thomas was lawfully poffeffed of a certain clofe or at the faid time parcel of land called, &c. fituate, lying, and being near Moorwhen, &c. was pulling down the wall and carrying away the materials, whereupon he was required to defift, but refused; and defendant molliter manus impofuit to prevent him. there was a fields, fields, in the parish of, &c. in the county of, &c. and of a certain brick wall then and there ftanding and being in the faid clofe of the faid Thomas; and the laid Thomas being fo poffefied of the faid clofe and of the faid brick wall as aforefaid, the faid Stephen at the faid time when, &c. with force and arms wrongfully and against the will of the faid Stephen took down, pulled down, and deftroyed the faid wall of the faid Thomas, and was taking down, pulling down, and destroying the said wall of the faid Thomas, and taking and carrying away the bricks and other materials thereof; whereupon the faid Thomas then and there requested the faid Stephen to forbear and defift from any farther taking down and deftroying the faid wall of the faid Thomas, and taking and carrying away the bricks and other materials thereof; but the faid Stephen then and there refufed to forbear or defift therefrom, and then and there continued fo taking down, pulling down, and deftroying the faid wall of the faid Thomas, and taking, &c. the bricks and other materials thereof; whereupon the faid Thomas at the faid time when, &c. there gently laid his hands upon the faid Stephen, and gently laid hold of the faid Stephen by the collar in order to prevent and hinder him from taking down, pulling down, and destroying the faid wall of the faid Thomas, and taking and carrying away the bricks and other materials thereof as it was lawful for him the faid Thomas to do, which is the fame affaulting, &c. in the said first Count of the faid declaration mentioned; without this that the faid Thomas is guilty of affaulting, &c. at, &c. or elsewhere than in the faid clofe of the faid Thomas, called, &c. fituate, &c. near Moorfields, in the parish of, &c. in, &c. and this, &c. wherefore, &c. if, &c.: And the faid 3d Plea, that Thomas for further plea in this behalf as to the affaulting, &c. after and feizing, &c. in the said first Count of the faid declaration mentioned by like leave of, &c. according, &c. fays, actio non ling down the because he fays, that he the faid Thomas before and at the faid wall, plaintiff time when, &c. was poffeffed of a certain other clofe called, &c made an affault fituate, &c. in, &c. and of a certain other brick wall then and on defendant, there ftanding, &c. of the faid Thomas; and the faid Thomas whereupon he being fo poffeffed of the faid laft-mentioned clofe and of the faid felf. laft-mentioned brick wall, he the faid Stephen at the faid time when, &c. with force and arms, &c. wrongfully and against the will of the faid Thomas, was taking down, &c. whereupon the faid Thomas then and there requested the faid Stephen to forbear, &c. of the faid Thomas; but the faid Stephen then and there wholly refused to forbear, &c. and then and there continued, &c. to take down, &c. whereupon the faid Thomas at the faid time when, &c. gently, &c. as it was lawful for him the faid Thomas to do; and the faid Thomas further fays, that after his laying his hands upon the faid Stephen in manner aforefaid, and for the caufe aforefaid, the faid Stephen then and there made an affault on the faid Thomas, and would have then and there beat, &c. the faid Thomas if he the laid Thomas had not then and there defended having been required to defit from pul defended him. himself against the faid Stephen, whereupon the faid Thomas did then and there defend himself against the faid Stephen; and the faid Thomas further fays, that if any damage or hurt then and there happened to the faid Stephen, the fame happened to him on occafion of his affaulting the faid Thomas and in defence of the faid Thomas; without this that the faid Thomas is guilty of the faid affaulting, &c. and feizing, &c. at, &c. in, &c. or elsewhere than in the laft-mentioned clofe called, &c. and being near, &c. in, &c.; and this, &c.; wherefore, &c. if, &c. GEORGE BOND. aining them and to ufe. II. To PERSONS AND PERSONAL PROPERTY. Common Pleas. Eafter Term, 25. Geo. III. Declaration for MIDDLESEX, to wit. J. J. late of, &c. N. O. (fued by feizingplaintiff's the name of P. O.) late, &c. W. V. late of, &c. G. S. late of, goods, and de- &c. M. H. late of, &c. and R. M. late of, &c. were attached to converting them answer J. A. in a plea; wherefore with force and arms, &c. at K. defendant's in the county of M. aforefaid, they feized, took, and detained the goods and chattels of the faid Jofeph there then found, and being of a large value, and carried the fame away, and converted and difpofed thereof to their own ufe, and other wrongs to the faid Jofeph there did, against the peace of our lord the now king, and to the great damage of the faid Jofeph; and thereupon the faid Jofeph, by 1. M. his attorney, complains, for that the faid J. M. W. J. G. M. and R. heretofore, to wit, on, &c. with force and arms, &c. feized, took, and detained the goods and chattels, to wit, three buts of beer, &c. &c. &c. of the faid Jofeph then and there found, and being of a large value, to wit, of the value of forty pounds, &c. and carried away the fame, and converted and difpofed thereof to their own ufe, and other wrongs to the faid Jofeph then and there did, against the peace of our lord the now king, and to the damage of the laid Jofeph of fifty pounds, for which he brings fuit, &c. Plea by two de And the faid Matthew, by A. B. his attorney, comes and defendants non cul. fends the wrong and injury, when, &c. and fays he is not guilty of the premises above laid to his charge, in manner and form as the faid Jofeph hath above complained against him; and of this he puts himfelt upon the country, &c.; and the faid J. J. doth the like, &c. [The like plea by the defendant R. M. by A. B. his attorney, and ifiue thereon.] Declaration for FOR that the faid defendant, on, &c. with force and arms, entering defend- &c. broke and entered the houfe of the faid plaintiff at B. in the ant's houfe,feiz- faid county of K. and there ftaid and continued for a long space of ing his dog, time, to wit, for the fpace of twenty hours then next following, draggingit away, and hanging it. against against the faid will of the faid R. and then and there during all that time made a great noife, tumult, riot, and affray in the faid house, and disturbed and difquieted the faid R. and his family in the peaceable and quiet poffeffion and occupation of his faid houfe, and then and there feized, took, and forcibly carried and dragged away a certain dog of the faid R. there then found, and being of the price of ten pounds of lawful money of Great Britain, and then and there, with a certain cord, hung up and fufpended the faid dog by his neck for a long space of time, to wit, for the fpace of one hour, and thereby hanged, choaked, ftrangled, and killed the faid dog: And 2d Count, to alfo for that the faid defendant, on the fame day and year aforefaid, feizingandhangat B. aforesaid, with force and arms, &c. feized, took, led, and ing dog only. carried away a certain other dog of the faid R. of the price of ten pounds there then found, and hung up and fufpended the faid laftmentioned dog by his neck for a long time, to wit, for the fpace of one hour, and thereby hanged, choaked, ftrangled, and killed the faid laft-mentioned dog, and other wrongs, &c. Da mages. Drawn by MR. WARREN. into detaining MIDDLESEX, to wit. Robert Gillow, late of, &c. cabi- Declaration for net maker, was attached to anfwer William Wheeler in a plea; breaking wherefore with force and arms, &c. at the parish, &c. he broke plaintiff's house, and entered the meffuage or dwelling-houfe of the faid William there and making an fituate and being, and made a great noife, difturbance, and affray feizinghis goods, affray therein, therein, and there feized and took poffeffion of the goods and chattels and of the faid William of a large value, and remained and continued them till reple in fuch poffeffion thereof, and in the faid mefluage or dwelling. vid. house for a long time, and until he the faid William was forced and obliged at a confiderable trouble, inconvenience, and expence to replevy the fame; and alfo with force and arms, &c. he the faid Robert, at, &c. broke and entered a certain close of the faid William there fituate and being, and expelled, put out, and amoved him, and kept and continued him fo expelled out and amoved from the poffeffion and occupation thereof for a long fpace of time, whereby he the faid William not only during all that time loft and was deprived of the use of his faid close, but was hindered and prevented 2d Count, for from following and exercifing his bufinefs of a fawyer therein: And breaking alfo wherefore the faid Robert, with force and arms, &c. at, &c. feized and took divers other goods and chattels, and also the ne Cellary working, tools of the faid William in his trade and business there then found, and being of a large value, and kept and detained the fame for a long time, whereby the faid William, for and lowing his bu during all that time, loft and was deprived of the ufe, benefit, and nefs. advantage of his faid laft-mentioned goods and chattels and working tools, and was forced and obliged to lay out and expend a large fum of money in and about recovering his faid laft-mentioned goods and chattels; and for and by reafon of the want of his faid working tools was hindered and prevented from following and ex D3 erciling his clofe, turning him out of polfeffion; per quod, plaintiff waspre. vented from fol |