Irá motus.

whereupon the faid George being greatly enraged with wrath and anger thereat, at the faid time when, &c. in the faid meffuage or dwelling-houfe, with force and arms made an affault on the faid Mary, and would then and there have beat, bruifed, wounded, and ili-treated her the faid Mary, if the faid John her husband in her aid and affiftance had not then and there defended her againft the faid George, wherefore the faid John, as her husband, did then and there in her aid and affiftance defend her against the faid George, as he lawfully might for the cause aforefaid, and fo the faid John faith, that if any hurt or damage then and there happened to the faid George from the faid affault of the faid George, the fame fo happened unto him the faid George from the faid affault fo by him made on the faid Mary, and in the defence of the faid Mary as aforefaid; without this, that the faid John is guilty of the trefpafs aforefaid, at, &c. or elsewhere than in the said laft-mentioned meffuage or dwelling. houfe at, &c. ; and this, &c.; where5th plea, as fer- fore, &c. if, &c.: And for further plea as to the affaulting, &c. in vant and in de- the firft, &c. and beating, &c. and giving, &c. in the faid first, fence of her huf- &c. above fuppofed, &c. he the faid John, by like leave, &c.

band.

faith (actio non); because he faith, that he the faid John, before and at the faid time when, &c. was lawfully poffeffed of, &c. fi. tuate, &c. and being fo thereof poffeffed, he the faid George, juft before the faid time when, &c. of his own wrong, and without the licence of the faid John, entered, &c. and made, &c. and difturbed, &c. wherefore the faid Mary, then and ftill the wife of the faid John, as the fervant of the faid John, and by his command juft before the faid time when, &c. requested, &c. to do which he the faid George then and there wholly refused, and still continued, &c. for which reafon fhe the faid Mary, as the fervant of, &c. at the faid time when, &c. in the faid meffuage or dwelling-houfe, gently laid, &c. to pull, &c. and was at the faid time when, &c. gently pulling, &c. whereupon the faid George being, &c. with force and arms, &c. made, &c. and would then and there have beat, &c. if he the faid John, her husband, in her aid, &c. defended, &c. wherefore the faid John, as her husband, did then and there defend, &c. whereupon the faid George being greatly enraged with wrath and anger thereat, at the faid time when, &c. in the faid meffuage or dwelling-houfe at, &c. with force and arms made an affault on the faid John, and would then and there have beat, &c. if he the faid John had not then and there immediately defended himself against the faid George, wherefore he the faid John did then and there defend himfelf against the faid George as he lawfully might for the caufe aforefaid, and fo the faid John faith, that if any hurt or damage then and there happened, &c. the fame fo happened, &c. from the faid affault of the faid George fo by 'him made on the faid John as aforefaid, and in defence of the faid John in manner aforefaid; without this, that the faid John is guilty of the trefpafs aforefaid, at, &c.; or elfewhere than in the faid laft-mentioned dwelling-houfe, at, &c.; and this, &c.; wherefore, &c.

J. MORGAN.

SON

SON ASSAULT DEMESNE-REPLICATION.

Michaelmas Term, 26. Geo. III.

was

child,

ing of defendant

fuch child.

ELSON) AND the faid Richard, as to the faid plea of the faid Benef en of against Henry by him fecondly above pleaded in bar as to the pleaf on a fault demefne, that deWARD.) trefpafs in the introduction of fuch plea mentioned and fendant above done by the faid Henry, fays, that notwithstanding any thing beating plainin that plea alledged, he the faid Richard ought not to be barred tiff's from having and maintaining his aforefaid action thereof against that the affaulthim the faid Henry; because he fays, that the faid Henry, at the (tated in his faid time when, &c. in the faid fecond plea mentioned, at, &c. in, plea) was in &c. was with force and arms, &c. affaulting one A. B. the child confequence of of the faid Richard, in breach of the peace of our fovereign lord the defence of the now king, and would then and there have beat, bruifed, wounded, and ill-treated the faid A. B. if he the faid Richard had not then and there immediately defended his faid child against the faid Henry, whereupon he the faid Richard did then and there defend his faid child against the said Henry, as he might lawfully do for the cause aforefaid, and which faid defence of the faid child of the faid Richard by him the faid Richard against the faid Henry is the affaulting of the faid Henry in his faid fecond plea mentioned, and thereupon the faid Henry being thereby then and there greatly enraged with wrath and anger at the faid time when, &c. Ira metus. at, &c. of his own wrong made an affault upon the faid Richard, and then and there beat, bruifed, wounded, and ill-treated him, and gave and struck him the faid blows and strokes in the said first Count of the faid declaration mentioned, and rent, tore, damaged, injured, and fpoiled the clothes and wearing apparel of the faid Richard in the faid first Count mentioned, in manner and form as the faid Richard hath above in that Count complained against the faid Henry; and this, &c.; wherefore inafmuch as the faid Henry hath above acknowledged the faid trefpafs, he the faid Richard prays judgment and his damages, by him fuftained on occafion thereof, to be adjudged to him, &c.

V. LAWES.

NEW ASSIGNMENT.

Trinity Term, 27. Geo. III.

AND the faid William and James, by Francis Lockey their at- Plea ift, Genetorney, come and defend the force and injury when, &c. and fay, ral Iffus. that they are not guilty of the trefpaffes above laid to their charge, in manner and form as the faid Richard hath above complained against them; and this they put themfclves upon the country, &c.; VOL. IX.

B b

and

A. B. feifed in

and because

defendant en

tered laft men tioned way.

2d Plea, new and the faid Richard doth fo likewife: And for further plea in this affignment, that behalf as to the breaking and entering the faid close of the said Richard in the faid declaration mentioned called the Two Acres fee, demifed to defendant, in under the Elms in the Middle Veer, and the said two closes reright of which fpectively called the Two Acres in the Middle Veer, and with feet he was entitled in walking treading down, trampling upon, confuming, and fpoilto right of way; ing the turnips, grafs, and corn of the faid Richard in the faid ploughed up the declaration mentioned there growing and being, with part of the ufual way. af- faid horfes, mares, and geldings, part of the faid cattle in the faid figned another declaration mentioned, depafturing, eating up, treading down, confuming, and fpoiling other the turnips, grafs, and corn of the faid Richard in the faid declaration mentioned there growing and being, and with the faid carts, waggons, and other carriages digging up, tearing up, fubverting, and fpoiling the foil of the faid Richard in his laft-mentioned clofes by the faid William and James above fuppofed to have been done, they the faid William and James, by leave of the court here to him for that purpose first granted, according to the form of the ftatute in fuch cafe made. and provided, fay, that the faid Richard ought not to have or maintain his aforefaid action thereof against them; because they fay, that long before and at the faid feveral times when, &c. one Charles Marfack, efquire, was, and from thenceforth hitherto hath been and ftill is feifed in his demefne as of fee of and in a certain other piece of land called the Two Long Acres, with the appurtenances, at the parish aforefaid, and that the faid Charles Marfack, and all those whofe eftate he now has, and at the faid feveral times when, &c. had of and in the faid laft-mentioned piece of land called the Two Long Acres, with the appurtenances, for the time being, from time whereof the memory of man is not to the contrary have had, and have been used and accuftomed to have, and of right ought to have had, and the faid Charles Marfack being fo feifed as aforefaid, ftill of right ought to have for himself and themfelves, and for his and their farmers and tenants, occupiers of the faid laft-mentioned piece of land called the Two Long Acres, with the appurtenances, for the time being, a certain way from the common king's highway at the parish aforefaid from Caversham, in the faid county, to Playhatch, in the faid county, into, through, and over the faid clofe in which, &c. called the Two Acres under the Elms in the Middle Veer, and the faid two clofes in the Middle Veer unto the faid piece of land of the faid Charles Marfack, and from thence fo back again in the fame to the faid common king's highway at the parish aforefaid, to go, return, pafs, and repaís with their fervants, and with their carriages drawn by their cattle every year at all times of the year, as often as need or occafion required for the neceflary and convenient cultivation and improvement of the fame piece of land of the faid Charles Marfack; And the faid William and James further fay, that the faid Charles Marfack being fo feited of and in his faid piece of land, with the appurtenances, as aforefaid, before the faid fira time when, &c. to wit, on the fifth day of

April, in the year of Our Lord 1785, at the parish of afore faid, demifed the faid piece of land, with the appurtenances, amongst other things, to the faid William, to hold the fame to him the faid William from the fifth day of April in the year laft aforefaid for the space of one whole year then next following, and fo on from year to year for fo long time as the faid Charles Marfack and the faid William fhould please; by virtue of which faid demife the faid William afterwards, and before the faid first time when, &c. to wit, on the fixth day of April, in the year of Our Lord 1785 aforefaid, entered into the faid laft-mentioned piece of land, with the appurtenances, and became and was, and from thenceforth hitherto hath been and ftill is poffeffed thereof: And the faid William and James further fay, that before the faid feveral times when, &c. the faid Richard had caufed the fame way of the faid William in the faid close called the Two Acres under the Elms in the Middle Veer, and the faid two clofes refpeétively called the Two Acres in the Middle Veer, to be ploughed up and fown with corn, and the corn fo fown before and at the faid feveral times when, &c. the faid Richard had caufed the fame way of the faid William in the faid clofe called the Two Acres under the Elms in the Middle Veer, and the faid two clofes refpectively called the Two Acres in the MiddleVeer, to be ploughed up and fown with corn fo fown before and at the said several times when, &c. was ftanding and growing thereon, fo that the faid William could not conveniently have or ufe his fame way there, and the faid Richard thereupon a little before the said first time when, &c. to wit, on the day and year in the faid declaration mentioned, affigned a certain other way in and through a certain part of the faid clofe called the Two Acres under the Elms in the Middle Veer, and of the faid two clofes refpectively called the Two Acres in the Middle Veer, to by the faid William for and in lieu of the faid way to which he was entitled as aforefaid, and the said William being fo poffeffed of the faid piece of land fo demifed to him as aforefaid, he the faid William in his own right, and the faid James as his fervant, and by his command at the faid feveral times when, &c. entered into the faid three laft-mentioned clofes in which, &c. with the faid carts, waggons, and other carriages in the faid declaration mentioned, being the carts, waggons, and carriages of the faid William, and with horfes, mares, and geldings, part of the faid cattle in the faid declaration mentioned, being the cattle of the faid William drawing the faid carts, waggons, and carriages, to ufe their faid way fo affigned as aforefaid for and in lieu of his faid way to which he was other wife entitled as aforefaid, and did therewith pals and repafs from the faid common king's highway at the parish aforesaid into, through, and over the faid three laft-mentioned clofes in which, &c. in the faid way fo affigned there to the faid piece of land fo demised to the faid as aforefaid, and from thence back again in the faid way fo affigned as aforefaid to the faid common king's highway at the parish aforefaid, for the neceffary and convenient cultivation, improvement, and enjoyment of the faid

piece of land fo demifed to the faid William as aforefaid, they the faid William and James ufing the faid way fo affigned there as it was lawful for them to do for the cause aforefaid, and in fo doing they the faid William and James did neceffarily and unavoidably at the faid feveral times when, &c. with their feet in walking tread down, trampe upon, confume, and fpoil a little of the turnips, grafs, and corn of the faid Richard in his faid three laftmentioned closes in the faid way fo affigned as aforefaid, and there then growing and being, and with the faid laft-mentioned horfes, mares, and geldings, did neceffarily and unavoidably tread down, confume, and spoil a little of the other turnips, grafs, and corn of the faid Richard in the fame way fo affigned as aforesaid, there then alfo growing and being, and the faid last-mentioned horses, mares, and geldings, in paffing and repaffing along and through the faid way fo affigned as aforefaid there at the faid feveral times when, &c by ftealth, and against the will of the faid William and James did depasture and eat up a little of the other turnips, grafs, and corn in the fame way there, and on the fides thereof alfo then growing and being, and with the wheels of the faid carts, waggons, and other carriages, the faid William and James, at the faid feveral times when, &c. in paffing and repaffing in and along the fame way in the faid three laft-mentioned clofes in which, &c. did neceffarily and unavoidably dig up, tear up, fubvert, and spoil a little of the foil of the faid Richard there, doing as little damage there to the faid Richard as on thofe occafions they poffibly could, which are the fame trefpaffes in the introduction to this plea mentioned; and this the faid William and James are ready to verify; whereof they pray judgment if the faid Richard ought to have or maintain his aforefaid action thereof against them, &c.: 3d Plea, as to And for further plea in this behalf as to the breaking and enterentering other ing the faid clofe of the faid Richard in the said declaration menpremifes called, tioned called the Two Acres under the Elms in the Middle Veer, &c. lying and and the faid two clofes refpectively called the Two Acres in the being difperfed Middle Veer, and the faid clofes called the Four Acres in the mon field, that Hitching, and one of the faid clofes or pieces or parcels of land C.M. wasfeifed of the faid Richard in the faid declaration mentioned, to be reof other piece of fpectively lying and being difperfed in the faid large common field land called, &c. called Weft Field, and with feet in walking treading down, tramlying in the faid large common pling upon, confuming, and fpoiling the turnips, grafs, and corn field, and plain- of the faid Richard in the faid declaration mentioned there growtiff ploughing ing and being, and with part of the faid horfes, mares, and geldup the way, af- ings, part of the faid cattle in the faid declaration mentioned, eatfigned a over the faid ing up, treading down, confuming, and fpoiling other the turlaft-mentioned nips, grafs, and corn of the faid Richard in the faid declaration premifer.

in a large com

mentioned there growing and being, and with the wheels of carts, waggons, and other carriages, digging up, tearing up, fubverting, and spoiling the foil of the faid Richard in his faid laft-mentioned clofes by the faid William and James above fuppofed to have been done, they the faid William and James, by like leave of the faid court here to them for that purpose first granted, ac3 cording