fault demeine.

3d plea, fon af- to the faid affaulting, beating, bruifing, wounding, and ill treating him the faid plaintiff in the faid firft Count of the faid declaration mentioned above fupposed to have been committed by him the faid plaintiff, he the faid defendant by like leave of, &c. according to, &c. fays (actio nen); becaufe he fays, that the faid plaintiff juft before the faid time when, &c. in the faid firft Count of the faid declaration mentioned, at, &c. with force and arms, &c. made an affault upon the faid defendant, and then and there pointed, &c. a certain gun, that is to fay, &c. at and against the faid defendant, and would then and there have fhot at and killed or wounded him the faid defendant with the faid laft-mentioned gun fo loaded as aforefaid if the faid defendant had not then and there immediately defended himself against the faid plaintiff, and thereupon he the faid defendant did then and there, to wit, at the faid time when, &c. in the faid firft Count of the faid declaration mentioned, at, &c. immediately defend himself against the said plaintiff as it was neceffary and lawful for him to do for the caufe laft aforefaid: And the faid defendant in fact further faith, that if any hurt or damage then and there happened to the faid plaintiff the fame was occafioned by the said laft-mentioned affault and misbehaviour of the faid plaintiff and in the neceffary defence of him the faid plaintiff; and this, &c.; wherefore, &c. if, &c.: 4th plea, made And for further plea in this behalf as to the faid fuppofed affault an affault upon in the faid firft Count of the faid declaration mentioned, and alfo his master with as to the affaulting, beating, bruifing, wounding, and ill treating an irá motus.

the faid plaintiff in the fecond Count of the faid declaration mentioned above fuppofed to have been committed by the faid James, he the faid defendant by like leave of, &c. according to, &c. faith, that the faid plaintiff (actio non); because he says, that the faid plaintiff juft before the faid time when, &c. in the faid firft Count of the faid, declaration mentioned, at, &c. with force and arms, &c. made an affault upon the faid defendant then and there being the master of him the faid James, and then and there pointed, &c. a certain, &c. at and againft the faid defendant, and with the faid laft-mentioned gun fo loaded as aforefaid then and there threatened and attempted to fhoot him the said defendant fo being the mafter of him the faid James as aforefaid, whereby the life of him the faid defendant was then and there in immediate and manifeft danger, and thereupon he the faid James, at the faid time when, &c. in the faid firft Count of the faid declaration mentioned, at, &c. as the fervant of the faid defendant, and in his aid and affiftance, and by his command for the prefervation of the life of him the faid defendant against the danger laft aforefaid, and to reftrain and prevent the faid plaintiff from shooting him the faid defendant with the faid laft-mentioned gun fo loaded as aforefaid, gently laid his hands upon the faid plaintiff as it was neceflary and lawful for him to do for the cause last aforefaid, whereupon the said plaintiff being greatly irritated and enraged just before the faid time when, &c. in the fecond Count of the faid declaration mentioned, at, &c. with force and arms, &c. made an affault on the faid James, and would then and

there

mischief,

there have beat, bruifed, wounded, and ill treated him if he the Laid James had not then and there immediately defended himfelf. against the faid plaintiff, and thereupon he the faid James did then and there, to wit, at the faid time when, &c. in the faid fecond Count of the faid declaration mentioned, at, &c. immedi ately defend himself against the said plaintiff as it was neceffary and lawful for him to do for the caufe laft aforefaid, and fo the faid James in fact faith, that if any hurt or damage then and there happened to the faid plaintiff the fame was occafioned by the faid laft-mentioned affault of the faid plaintiff and in the neceffary defence of him the faid plaintiff; and this, &c.; wherefore, &c. if, &c. And for further plea in this behalf as to the faid fuppofed 5th plea, the affault in the fourth Count of the faid declaration mentioned, and fervant in defence of his feizing and taking the faid goods and chattels in that Count men- mafter to pretioned, and keeping and detaining the fame for the faid space of vent time therein alfo mentioned above fuppofed to have been com- &c, mitted by the faid defendant and James, they the faid defendants by like leave of, &c. according to, &c. fay (actio non); because they fay that the faid plaintiff just before the faid time when, &c. with force and arms, &c. made an affault on the said defendant, and then and there pointed, "&c. a certain, &c. and then and there threatened, &c. to fhoot him the faid defendant, whereby the life of him the faid defendant was then and there in immediate and manifest danger, and thereupon the faid defendant and James the faid James then being the fervant of the faid defendant and acting in his aid and affiftance and by his command at the faid time when, &c. in the faid fourth Count of the faid declaration mentioned, at, &c. for the prefervation of the life of, &c. and to reftrain, &c. from fhooting, &c. gently laid his hands upon the faid plaintiff and upon the faid laft-mentioned gun fo loaded as aforefaid, and then and there for the purpofe laft aforefaid gently feized and took away from him the faid laft-mentioned plaintiff the said last-mentioned gun, together with a certain rammer affixed and belonging thereto, being the goods and chattels in the faid fourth Count of the faid declaration mentioned, and kept and detained the fame for the purposes laft aforefaid for the faid fpace of time in the faid fourth Count of the faid declaration mentioned as it was neceflary and lawful for them to do for the cause Jaft aforefaid, which is the faid fuppofed affault in the faid fourth Count of the faid declaration mentioned, and feizing and taking the faid goods and chattels in that Count mentioned, and keeping and detaining the fame for the faid fpace of time allo mentioned, whereof the faid plaintiff hath above complained against the faid defendant and James; and this, &c.; wherefore, &c. if, &c.: And for further plea in this behalf as to the affaulting, beating, 6th plea, other &c. the faid plaintiff in the third Count of the faid declaration fervants in dementioned, and imprifoning the faid plaintiff, and keeping and fence of mafter detaining him in prifon for the faid fpace of time in that Count took the gun mentioned, and alfo as to the feizing and taking the said goods to a magistrate, and chattels in the laft Count of the faid declaration mentioned, as they ought to do for the use of plaintiff.

A a 4

and delivered it

and

1

and carrying away the fame and converting and difpofing thereof to the ufe of the faid defendant and James above fuppofed to have been committed by them the faid defendant and James, they the faid defendant and James by like leave of, &c. according to, &c. fay (actio non); because they fay that the faid plaintiff juft before the faid time when, &c. in the faid third Count of the faid declaration mentioned, at, &c. with force and arms made an affault on the faid defendant in the peace of God and our faid lord the king then and there being, and then and there pointed, &c. a certain, &c. loaded, &c. at and against the said defendant, and with the faid laft-mentioned gun fo loaded as last aforesaid then and there threatened and attempted to fhoot the said defendant, whereby the life of him the faid defendant was then and there in immediate and manifeft danger, and the peace of our faid lord the king was then and there greatly difturbed and broken, whereupon the faid defendant, James and A. B. the faid James and A. B. then being the fervants of the faid defendant and acting in his aid and affiftance and by his command) at the faid time when, &c. in the faid third Count of the faid declaration mentioned, at, &c. for the prefervation of the life of him the faid defendant against the danger laft aforefaid, and to reftrain and prevent the faid plaintiff from fhooting him the faid defendant with the faid laftmentioned gun fo loaded as aforefaid gently laid their hands upon the faid plaintiff and upon the faid laft-mentioned gun fo loaded as aforefaid, and then and there for the purposes laft aforesaid gently feized and took away from him the faid plaintiff the faid laft-mentioned gun, together with a certain rammer affixed and belonging thereto, being the goods and chattels in the faid laft Count of the faid declaration mentioned, and alfo then and there apprehended the faid plaintiff for the purpose of carrying and conveying him with the faid laft-mentioned gun and rammer before fome one of his majefty's juftices of the peace in and for the county of Kent to be dealt with according to Jaw for the faid laft-mentioned aflault and breach of the peace, and on that occafion and for the purposes laft aforefaid they the faid defendant, James and A. B. then and there kept and detained the faid plaintiff with the faid laft-mentioned gun and rammer in their cuftody and poffeffion for the faid fpace of time in the faid third Count of the faid declaration mentioned, and until he the faid plaintiff without the licence or consent and against the will of them the faid defendants efcaped and went at large from and out of the cuftody of them the faid defendants, leaving the faid laftmentioned gun and rammer in their poffeffion, and which faid laftmentioned gun and rammer they the faid defendants not knowing where to find the faid plaintiff then and there immediately carried to one C. D. then being one of his majefty's juftices of the peace in and for the faid county of Kent, and then and there depofited and left the fame with him the faid C. D. for the ufe and benefit of the faid C. D. as it was lawful for them to do for the cause last aforefaid which are the fame affaulting, beating, bruifing, wounding, and ill treating the faid plaintiff in the third Count of

the

the declaration mentioned, and imprisoning the faid plaintiff and keeping and detaining him in prifon for the faid fpace of time in that Count mentioned, and feizing and taking the laid goods and chattels in the laft Count of the faid declaration mentioned, and carrying away the fame and converting and difpofing thereof to the ufe of the faid defendants, whereof the faid plaintiff hath above complained against the faid plaintiff; and this, &c.; wherefore, &c. if, &c.

man and wife,

from

the husbandmo

ney, and the

touched

the

to demand the

AND the faid Matthew Williamfon and Sarah his wife, Wil- Juftification by liam Green, and John Burn, by A. B. their attorney, come and four defendants, defend the wrong and injury, when, &c. and fay, that they are two of them not guilty of the faid feveral trefpaffes in the said declaration men- to an action for tioned, or of any or either of them, in manner and form as the affaulting plainfaid plaintiff hath above thereof complained against them; and of tiff and taking this they put themselves upon the country, &c.: And for further money plea in this behalf as to the faid affaulting the faid T. and feizing him, that the and laying hold of him the faid T. in the faid firft Count of the plaintiff owed faid declaration mentioned, and as to the faid affaulting of the faid Thomas, and feizing and taking from him the faid pieces of coin, wife, by his deand converting and difpofing thereof, in the faid fecond Count of fire, gently the faid declaration mentioned, and as to the faid affaulting, beating, and ill treating the faid. Thomas in the last Count of plaintiffin order the faid declaration mentioned, above fuppofed to have been debt, wherecommitted by the faid Sarah, they the faid Matthew and Sarah, upon he volun by leave of, &c. fay (actio non); because they fay, that the faid tarily paid her. feveral trefpaffes hereinbefore and in the faid declaration mentioned, and therein fuppofed to have been committed by the faid Sarah, are one and the fame trefpafs, and not other or different trefpaffes, and that before and at the faid time when, &c. in the faid declaration mentioned, to wit, at, &c. in, &c. the faid Thomas was justly and truly indebted to the faid Matthew in a large fum of money, to wit, the fum of twenty-fix pounds of lawful money of Great Britain, and that the faid M. being in want of the faid money, and the faid Sarah meeting the faid plaintiff, the faid Sarah, at the request of the faid M. then and there gently took hold of the faid T. by the arm to excite his attention that the might afk him for the faid money fo due to her faid husband, and the faid S. did thereupon then and there civilly afk the faid Thomas to pay the faid fum of money fo due to her faid husband, as fhe lawfully might do for the caufe aforefaid, whereupon the faid Thomas then and there voluntarily paid her the faid Sarah the faid pieces of coin in the faid declaration mentioned for and on account and in part payment of the faid debt fo due to the said M. which is the fame fuppofed trefpafs in the introduction to this plea mentioned, and whereof the faid plaintiff hath above thereof complained against them the faid Matthew and Sarah; and this, &c.; wherefore, &c. F. BOWER,

This plea was laid before Mr.Serjeant juftification, faying that it amounts to Lawrence, who ftruck out the special the general iffue,

Michael

er by molliter

for what he eat

and drank.

WARD

Michaelmas Term, 30. Geo. III. DECLARATION. Firft Count for an affault, against battery, and falfe imprisonment. Second Count for a CLARK. Common affault.

S

Plea, ft, Ge- Plea, 1ft, Not Guilty to the whole: And for further plea in neral Iffue. this behalf as to the faid affaulting, collaring, beating, and il zd, juftification treating, and imprifoning him the faid plaintiff, and keeping and as a tavern keep-detaining him in prifon in the firft Count of the faid declaration nus impot to mentioned, and as to the faid affaulting, collaring, beating, and prevent plaintiff ill treating him the faid plaintiff in the faid fecond Count of the from leaving de faid declaration mentioned, and thereby above fupposed to have fendant's houfe been committed and done by the faid defendant, the the faid dewithout paying fendant, by leave of, &c. (actio non); because the fays, that the faid affaulting, &c. [Same in both Counts], and that before and at the faid time in the faid declaration mentioned, to wit, at, &c. The the faid defendant was the owner and occupier of and kept a certain common licensed wine tavern and victualling-house, and then and there exercised and carried on the business of a tavern keeper and victualler in the faid houfe, and the faid defendant, fo being a tavern-keeper and victualler, and fo keeping fuch house as aforefaid, the faid plaintiff, before the faid time when, &c. came into the said house, and then and there called for and caused to be brought to him in the faid houfe victuals and drink, and then and there eat and drank and confumed the fame, and thereby then and there incurred and became liable to pay to the faid defendant a reckoning to a large amount, to wit, to the amount of two pounds fifteen fhillings and fixpence of lawful money of Great Britain, of which the faid Charles then and there had notice: And the faid defendant in fact further faith, that although she had then and there a lawful demand upon the faid plaintiff for and on account of the faid reckoning to the amount aforefaid, and although the faid reckoning and payment thereof was also then and there in the faid houfe in due manner demanded of the faid plaintiff by her the faid defendant, yet the faid Elizabeth in fact fays, that the faid plaintiff did not then and there pay or difcharge the faid reckoning and demand, but then and there wholly refused fo to do, and was then and there about to leave and depart from the faid houfe of the faid defendant, and would then and there have departed from the faid houfe of the faid defendant without paying or difcharging the faid reckoning and demand had he not been prevented from fo doing; whereupon the faid defendant, in order to prevent the faid plaintiff from fo doing, and in order to obtain payment of the faid reckoning and demand, at the faid time when, &c. to wit, at, &c. in, &c. in the faid houfe of her the faid defendant, gently laid her hands upon the faid plaintiff, and a little held and detained him, as the lawfully might for the caufe aforefaid, whereupon the faid plaintiff, being greatly agitated and moved with wrath and anger, then and there af faulted her the faid defendant, and would then and there have beat,

Lá motus,

5