his own right, and the faid David the younger as his fervant, and by his command at the said feveral times when, &c. entered into the faid dwelling-houfe in which the faid trefpafs is above fupposed to have been committed, as being the dwelling-house and clofe of the faid David the elder, and broke open, &c. the outer door of, &c. as being the door of him the faid David the elder, and broke, &c. the locks, &c. as being the lock, &c. of him the faid David the elder, and ejected, &c. the faid David from and out of the poffeffion of the faid dwelling-house and close, as being the dwelling houfe and clofe of him the faid David the elder, and with feet in walking trod, &c. the grafs, &c. there then growing and being in the faid clofe in the fecond and third Counts of the faid declaration in that refpect mentioned, as being the grafs, &c. of the faid David the elder growing in his faid close, and with the faid fwine in the faid declaration mentioned eat up, &c. the grafs, then growing, and in the fecond and third Counts in that refpect refpectively mentioned, as being the grafs, &c. of the faid David the elder growing in his faid clofe, and digging up, &c. other herbs, &c. there growing, and converted and difpofed thereof to his own ufe, as being the herbs, &c. of him the faid David the elder, growing in his faid close, as he lawfully might do; and becaufe the faid goods and chattels in the faid firft Count of the faid declaration mentioned, at the faid time when, &c. were wrongfully in the faid dwelling-house in the said firft Count of the faid declaration mentioned, taking up room, and incumbering the fame there, they the faid David the elder and David the younger, at the faid time when, &c. feized, took, removed, and carried away the faid goods, &c. from and out of the faid dwelling-houfe, and depofited, laid, caft, and gently threw the fame in and into the faid highway, in the faid firft Count mentioned, near to the faid dwelling-houfe (the fame being the neareft and most convenient place for that purpose), and there left the fame for the faid Daniel as they lawfully might do for the cause aforefaid, which are the fame trefpaffes in the introductory part of this plea mentioned, and whereof the faid Daniel hath above complained against them the faid David the elder and David the younSon efault de ger; and this, &c. ; wherefore, &c. if, &c.: And for further plea mefne. as to the affaulting, &c. the faid Ann Rogers, the wife of the faid Daniel in the faid fourth Count of the faid declaration above fuppofed to have been done by the faid David the elder, he, by like leave of, &c. according to the form of, &c. the faid David the elder fays actio non; because he fays, that juft before the said time when, to wit, on, &c. in the fourth Count of the faid declaration mentioned, at, &c. the faid Ann, the wife of the faid Daniel, made another affault upon the faid David the elder, and would then and there have beat, &c. if he the faid David the elder had not then and there immediately defended himself against the faid Ann, whereupon he the faid David the elder did then and there immediately defend himself against the faid Ann, as it was lawful for him to do for the caufe aforefaid; and fo the said David the elder

elder faith, that if any injury or damage then and there happened or arofe to the faid Daniel, the fame arofe and was occafioned by the faid affault of the faid Ann fo by her made upon the faid David the elder as aforefaid, and in the defence of him the faid Da-. vid the elder; and this, &c.; wherefore, &c. if, &c.: And for further plea as to the afiaulting, &c. the faid Ann, the wife of the faid Daniel, by the faid David the younger, &c. &c. [as the laft plea, omitting younger"]: And for further plea as to the affaulting, &c. the faid Daniel by the faid David the elder, as in the faid fifth Count of the faid declaration mentioned, be the faid David the elder, by like leave of, &c. according to, &c. actio non; becaufe he fays, that juft before the said time when, &c. to wit, on, &c. the faid Daniel made an affault on the faid David the elder, &c. &c. [as in the laft plea, only fay, that Daniel made the affault on David the elder]: And for further plea, &c. [like the laft, on the fon.]

V. LAWES.

injuria, &c.

And as to the plea of the faid David the elder and David the Replication deyounger, by them fecondly above pleaded in bar to the faid break-nying that the ing and entering the faid dwelling-houfe in the faid first Count of houfe and clofe the faid declaration mentioned, and breaking open, breaking down, defendants, and belonged to the breaking to pieces, cutting, damaging, proftrating, and destroying as to the affaultthe outer door of the faid dwelling-houfe, and breaking, damag- ing the plaintiff and his wife, ing, and spoiling the locks, &c. and ejecting, expelling, putting out, and amoving the faid Daniel from and out of the poffeffion of plaintiff fays de the faid dwelling-house, and continuing him fo ejected, &c. therefrom for the said space of time in the faid declaration in that respect mentioned, and feizing, taking, removing, and carrying away the faid goods and chattels in the faid first Count mentioned, and depofiting, laying, cafting, and throwing the fame into the common king's highway: And alfo as to the breaking and entering the faid clofe in the faid fecond Count of the faid declaration mentioned, and ejecting, &c. the faid Daniel from and out of the poffeffion, occupation, and enjoyment thereof, and keeping and continu ing him fo ejected, &c. for the faid space of time in the faid declaration in that refpect mentioned, and with feet in walking, treading down, confuming, and fpoiling the grafs, &c. there then growing and being, and with fwine eating up, treading down, confuming, and fpoiling other the grafs, herbs, &c. there then growing, and digging up, pulling up, taking, and carrying away other the herbs, &c. there then growing, and converting and difpofing thereof to their own ufe, as in the fecond and third Counts of the faid declaration is mentioned, and above done and committed by the faid David the elder and David the younger, the faid Daniel fays, that he the faid Daniel, by reafon of any thing in that behalf alledged, ought not to be baired from having and maintaining his aforefaid action thereof against them; because he fays, that neither the faid dwelling-houfe in the faid firft Count of the faid deVOL. IX. claration

E

claration mentioned, nor the faid clofe in the fecond and third Counts of the faid declaration mentioned, is, or at the said several times when, &c. or any or either of them, was the dwelling-house, close, or freehold of the said David the elder, as the faid David the elder and David the younger have in that plea above alledged; and this, &c.; wherefore, &c. and his damages by him sustained on occafion of the committing of the fame trefpaffes to be adjudged 2d. to the af- to him, &c.: And the faid Daniel, as to the faid plea of the faid fault, de injuria. David the elder by him thirdly above pleaded in bar, as to the said affaulting, &c. the faid Ann, the faid wife of the faid Daniel in the faid fourth Count of the faid declaration mentioned above done by the faid David the elder, fays, that by reafon of any thing in that plea contained, he the faid Daniel ought not to be barred from having and maintaining his aforefaid action thereof against him; because he fays, that the faid David the elder of his own wrong, and without caufe by him in that plea above alledged, affaulted the faid Ann, the faid wife of the faid Daniel, and beat, &c. in manner and form as the faid Daniel hath above thereof in the said fourth Count of the faid declaration complained againft; and this he the faid Daniel prays may be enquired of by the country, &c.: And the faid Daniel, as to the faid plea of the faid David the younger fourthly above pleaded in bar, as to the affaulting, beating, bruifing, wounding, and ill-treating the faid Ann, the faid wife of the faid Daniel in the faid fourth Count of the faid declaration mentioned above done by the faid David the younger, fays, that by reafon of any thing in that plea contained, he the faid Daniel ought not to be barred from having and maintaining his aforefaid action thereof against him; because he fays, that the faid David the younger of his own wrong, and without the caufe by him in that plea above alledged, affaulted the faid Ann, the wife of the faid Daniel, and beat, bruifed, wounded, and ill treated her the faid Ann, the faid wife of the said Daniel, in manner and form as the faid Daniel hath above thereof in the faid fourth Count of the faid declaration complained against him; and this he the faid Daniel prays may be enquired of by the country, &c.: And the faid Daniel, as to the faid plea of the faid David the elder fifthly above pleaded in bar, as to the faid affaulting, beating, bruifing, wounding, and i!ltreating him the faid Daniel in the laft Count of the faid declaration mentioned above done, fays, that by reafon of any thing in that plea contained, he the faid Daniel ought not to be barred from having and maintaining his aforefaid action thereof against him; because he fays, that he the faid David the elder of his own wrong, and without the caufe by him in that plea above alledged, affaulted the faid Daniel, and beat, bruifed, wounded, and illtreated him the faid Daniel of the faid declaration complained against him; and this he the faid Daniel prays may be enquired of by the country, &c.: And the faid Daniel, as to the faid plea of the faid David the younger by him laftly above pleaded in bar, as to the faid affaulting, beating, bruifing, wounding, and ill-treating the faid Daniel in the faid laft Count of the faid declaration men

tioned above done, fays, that by reafon of any thing in that plea
contained, he the faid Daniel ought not to be barred from having
and maintaining his aforefaid action thereof against them; because
he fays, that the faid David the younger of his own wrong, and
without the caufe by him in that plea above alledged, affaulted the
faid Daniel, and beat, bruifed, wounded and ill-treated him the
faid Daniel, in manner and form as the faid Daniel hath above there-
of in the faid laft Count of the faid declaration complained against
him; and this he the said Daniel prays may be enquired of by the
country, &c.
C. RUNNINGTON.

And as to the faid plea of the faid Daniel by him above pleaded Rejoinder by way of reply to the faid plea of the faid David the elder and David the younger by them fecondly above pleaded in bar to the faid breaking and entering the faid dwelling houfe in the firft Count of the faid declaration mentioned, and breaking open, breaking down, breaking to pieces, cutting, damaging, profirating, and deftroying the outer door of the faid dwelling houfe, and breaking, damaging, and fpoiling the locks, hinges, bolts, and faftenings thereof, and ejecting and expelling, putting and amoving the faid Daniel from and out of the pofleifion of the faid dwelling-houfe, and keeping him fo ejected, expelled, put out, and amoved therefrom for the said space of time in the faid declaration in that refpect mentioned, and feizing, taking, moving, and carrying away the faid goods and chattels in the faid firft Count mentioned, and depofiting, laying, cafting, and throwing the fame in and into the king's highway: And alfo as to the breaking and entering the faid clofe in the faid fecond Count of the faid declaration mentioned, and ejecting, expelling, putting out, and amoving the faid Daniel from and out of the poffeflion, occupa tion, and enjoyment thereof, and keeping and continuing him fo ejected, expelled, put out, and amoved therefrom for the faid space of time in the faid declaration in that refpect mentioned, and with feet walking, treading down, confuming, and (poiling the grafs, herbs, roots, and garden stuff there then growing and being, and with fwine eating up, treading down, and spoiling and confuming other the grafs, herbs, roots, and garden ftuff there then growing, digging up, pulling, and taking and carrying away other the herbs, roots, and garden ftuff there then growing, and converting and difpofing thereof to their own use, as in the fecond Count of the faid declaration is mentioned, and above fuppofed to have been done and committed by the faid David the cider and David the younger, they the faid David the elder and David the younger fay, that the faid Daniel ought not to have or maintain his aforefaid action thereof against them the faid David the elder and David the younger, because protesting that the faid plea fo picaded in reply, and the matters therein contained, in manner and form as the fame are above pleaded and fet forth, are not fufficient in law for the said Daniel to have or maintain his faid action thereof against them; for rejoinder in this behalf they the faid David the elder and David the

E 2

younger

to plaintiff.

younger fay, that the faid dwelling-houfe in the firft Count of the
faid declaration mentioned, and the said close in the faid fecond and
third Counts of the faid declaration mentioned, were, and at the faid
feveral times when, &c. were the dwelling-houfe, clofe, and free-
hold of the faid David the elder, in manner and form as the faid
David the elder and David the younger have above in the faid fe-
cond plea in that behalf alledged; and of this they put themselves
upon the country: And as to the faid plea of the faid Daniel by
him above pleaded, by way of reply to the faid plea of the faid Da-
vid the elder by him thirdly above pleaded in bar, as to the faid af-
faulting, beating, bruifing, wounding, and ill-treating the faid
Ann, the faid wife of the faid Daniel in the said fourth Count of
the faid declaration mentioned above fuppofed to have been done
by the faid David the elder, and whereof the faid Daniel hath put
himself upon the country, he the faid David the elder doth the like,
&c. And as to the faid plea of the faid Daniel by him above pleaded
by way of reply to the faid plea of the faid David the younger fourth-
ly above pleaded in bar, as to the faid affaulting, beating, bruifing,
wounding, and ill-treating the faid Ann, the laid wife of the faid
Daniel in the faid fourth Count of the faid declaration men-
tioned above fuppofed to have been done by the faid David the
younger, and whereof the faid Daniel hath put himself upon the
country, he the faid David the younger doth the like, &c.: And
as to the faid plea of the faid Daniel by him above pleaded by
way of reply to the faid plea of the faid David the elder fifth-
ly above pleaded in bar, as to the affaulting, beating, bruifing,
wounding, and ill-treating him the faid Daniel in the last Count
of the faid declaration mentioned above fuppofed to have been
done, and whereof the faid Daniel hath put himself upon the
country, &c. he the faid David the elder doth the like, &c.:
And as to the faid plea of the faid Daniel by him above plead-
ed by way of reply to the faid plea of the faid David the
younger by him lastly above pleaded in bar, as to the faid af
faulting, beating, bruifing, wounding, and ill-treating the faid
Daniel in the faid laft Count of the faid declaration mentioned
above fuppofed to have been done, and whereof the faid Daniel
hath put himself upon the country, he the faid David the younger
doth the like, &c.
V. LAWES.

Declaration, KENT, to wit. J. S. complains of T. K. being, &c.; for that trefpafs for tak- the faid Thomas, on, &c. with force and arms, at, &c. in, &c. broke ing two anchors and entered a certain fhip or veffel of the faid Thomas called, &c. from on board and took two anchors of the faid Jofeph of a large value, to wit, hip belonging of the value of ten pounds, there then found and being in the faid ship or veffel, and carried away the fame, and converted and difpof ed thereof to his own ufe: And alfo for that the faid Thomas afterwards, to wit, on, &c. with force and arms, &c. at, &c. in, &c. broke and entered a certain other fhip or veffel of the faid Jofeph called, &c. and took one other anchor of the faid Jofeph of

a large