tation.

faid fir Thomas, by fuch writing under his hand, and duly entered Admits the de. with the clerk of the peace of the faid county of Norfolk, as in fendant's deputhe faid plea is above mentioned, did authorize, nominate, and appoint the faid Jofeph to be fuch gamekeeper, with fuch power, licence, and authority as the faid Jofeph has in his faid plea by him fecondly above pleaded in bar in that behalf alledged; but the faid De injuria fua Jonathan further fays, that the faid Jofeph of his own wrong, and abfque tali caufa. without the refidue of the caufe by him above in his faid plea alledged, at the faid time when, &c. in the faid firft Count of the faid declaration mentioned, feized, took, and carried away from the faid Jonathan the faid gun in the faid firft Count mentioned, and converted and difpofed thereof to his own use, in manner and form as the faid Jonathan hath in his firft Count of the faid declaration above thereof complained against him; and this he prays may be enquired of by the country. [Replication to plea of leave and licence, de injuria fua abfque tali caufa.]

J. HENNIKER.

Afterwards, on the day and at the place within mentioned, be- Poftea. fore Alexander, lord Loughborough, chief juftice of our lord the king of the bench, and Fleetwood Bury, efquire, affociated to the faid lord Loughborough and other juftices of our faid lord the king affigned to take the affizes in the county of N. by form of the ftatute, &c. by virtue of the writ of our faid lord the king of fi non Si non omnes. omnes, come as well within-named Jonathan Morris, by his attorney within written, as the within-named Jofeph Forby and John Overland, by their attorney alfo within written, and the jurors whereof the jury whereof mention is within made, impannelled, and drawn by ballot, according to the form of the ftatute, &c. being likewife called come, who being approved and fworn to speak the truth, the juftices within contained fay upon their oath as to the

iffue firft within joined between the said parties, that the faid Jofeph Firftiffue for the and John are guilty of the premifes within laid to their charge, in plaintiff. manner and form as the faid Jonathan hath within thereof complained against them: And as to the iffue fecondly within joined Second iffue for between the faid parties, as to the within written plea of the faid the plaintiff. Jofeph by him fecondly within pleaded in bar, as to the feizing, taking, and carrying away the faid fum within-mentioned from the faid Jonathan in the faid first Count of the said declaration mentioned, and converting and difpofing thereof to his own ufe, in manner and form as the faid Jonathan hath in his faid firft Count of the faid declaration within thereof complained, the faid jurors upon their faid oath further fay, that the faid Jofeph, of his own wrong, and without the refidue of the caufe by him within in his faid plea alledged, at the within time when, &c. in the faid firft Count of the faid declaration mentioned, feized, took, and carried away from the faid Jonathan the faid fum in the faid first Count of the faid declaration mentioned, and converted and difpofed thereof to his own use, in manner and form as the faid Jonathan hath above in his faid firft Count of the declaration mentioned within com

B 2

plained

plained against him. [Verdict for plaintiff on laft issue]: And the jurors aforefaid affefs the damages of the faid Jonathan by reafon of the premises within fpecified, befides his colts and charges by him expended about his fuit in this behalf to twenty-fix pounds five fhillings for his faid cofts and charges to forty fhillings; therefore, &c.

Declaration in COUNTY OF NORTHAMPTON, to wit. Robert Croft trefpafs for af fault and batte-Complains of William Adams being, &c.; for that the faid Wilry, wounding, liam heretofore, to wit, on, &c. at, &c. with force and arms, to maiming, falfe wit, with fwords, ftaves,canes, sticks, whips, bludgeons, knives, keys, imprifoning,and and other offenfive weapons, and with his fifts, hands, and feet, tying plaintiff to made an affault upon the faid Robert, and then and there beat,kicked, had got the itch, bruifed, wounded, maimed, and ill-treated him the faid Robert, and whereby plain- ftruck and kicked him in and on the face, head, neck, back, breasts, tiff caught it. arms, and legs, and other parts of his body, many grievous and

a perfon who

violent blows, ftrokes, and kicks, and thereby cut, bruised, and wounded the head, face, &c. and other parts of the body of the said plaintiff, and then and there imprifoned him, and kept and detained him in prifon there for a long space of time, to wit, for the fpace of fix months, against his will, and without any legal caufe whatfoever, and then and there tied and faftened him to a certain perfon there, who then and there was infected with the itch, and was filthy and nafty, and kept him fo tied and fastened for a long space of time, to wit, for the fpace of twenty weeks, whereby the faid plaintiff then and there caught the fame of him, by means of which premifes the faid plaintiff then and there became fick, weak, and diftempered, and remained and continued so sick, weak, and diftempered for a long space of time, to wit, for the fpace of two months, and was all the time aforefaid prevented and hindered from, and rendered incapable of tranfacting and following his lawful and neceffary affairs and bufinefs which he otherwife might and would have done, and during all that time underwent and fuffered great pain and anguish of body and anxiety of mind, to 2d Count im- the great peril and danger of his life, to wit, at, &c. And alfo prifoning, tear- for that the faid William, on, &c. with force and arms, &c. to ing clotahs, and wit, with fwords, &c. and with his fifts, &c. made, &c. and then

omitting the ty.

ing, &c.

and there again beat, &c. him the faid Robert, and struck, fmote, and kicked him in and upon his head, &c. and other parts of his body, many grievous and violent blows, &c. and thereby violently cut, &c. and then and there imprifoned, &c. against his will, and without any legal caufe whatfoever; by means of which premifes the faid Robert became fick, weak, and diftempered, and remained and continued fo fick, &c. for a long ipace of, &c. and thereby was, during all the time laft aforefaid, hindered and prevented, &c. which he otherwife might and ought to have done, and during all that time underwent, &c; and the faid William then and there rent, fpoiled, damaged, and deftroyed the clothes and wearing apparel of the faid Robert, to wit, two coats, two waiitcoats,

PLEA-JUSTIFICATION BY AUTHORITY OF LAW-(GOALER.)

common affault.

5

waistcoats, one pair of breeches, one waistcoat, one neckcloth, two handkerchiefs, one pair of fhoes, and two pair of ftockings, wherewith he was then and there cloathed, and which he then and had on of the value of ten pounds, fo that they became of no use or value to him the faid Robert: And alfo for that the faid Wil- 3d Count, for the liam, on, &c. at, &c. with force and arms, to wit, with fwords, &c. and with his fifts, &c. made another affault upon the faid Robert, and then and there again beat, &c. fo that his life was thereby greatly defpaired of, and other wrongs to the faid Robert then and there did, against the peace of our lord the now king, and to the damage of the faid Robert of five hundred pounds; and therefore he brings his suit.

committedtothe

whereof

was

Count but the

First plea, not guilty: And for further plea as to the faid af- Plea ft, faulting, beating, kicking, wounding, and ill treating the faid not guilty 2, plaintiff in the faid first Count of the faid declaration mentioned, that plaintiff was and ftriking and kicking him the faid blows, ftrokes, and kicks houfe of correcin that Count mentioned, and thereby cutting, bruifing, and tion, wounding him; and alfo as to the imprifoning him, and keeping defendant and detaining him in prifon for the faid time in the faid firft keeper by the Count in that refpect mentioned, and tying and fastening him to judge of affize, to be imprisoned the said perfon in that Count alfo mentioned, and keeping him fo for a year, and tied and faftened for the faid time in the faid first Count in that that he was murefpect mentioned above fupposed to be done by the faid William, tinous, and jufby leave of, &c. according to, &c. fays (actio non); becaufe he tifies all the treffays, before the faid time when, &c. to wit, at the delivery of the pass in the first gaol of our lord the king of the county of Southampton of the maiming. prifoners therein being, holden at the cattle of Winchester, in and for the faid county, on, &c. in the twenty-feventh year of the reign of our fovereign lord George the Third, king of Great Britain, &c. before Francis Buller, efquire, one of the juftices of our faid lord the king affigned to hold pleas before the king himself, fir John Wilfon, knight, one of the juftices of our faid lord the king of his faid court of common bench, and others their fellowjuftices of our faid lord the king duly affigned in that behalf, the faid Robert was in due form of law committed by the faid court, fo then and there holden as aforefaid, to the house of correction at G. in the county of S. aforefaid, to be there imprisoned for one year then next following, and then difcharged; and the faid Robert was then and there delivered into the custody of the said William, who then and from that time hitherto hath been keeper of the faid gaol or house of correction, and was then and there carried and conveyed by the faid William to the faid house of correction, under and by virtue of the faid commitment, and was then and there kept and detained in fuch cuftody under and by virtue of the faid commitment, from thence until, and at and after the faid time when, &c. his faid imprisonment under the faid commitment not being then expired, as he lawfully might do for the caufe aforefaid: And the faid William in fact further faith, that the faid Robert, fo being in the cuftody of the faid William, as fuch keeper of the faid house of correction as aforefaid, he the faid Robert, while

B 3

while he was in fuch cuftody, and before the said time when, &c. to wit, on, &c. in the faid firft Count mentioned, at, &c. in, &c. with force and arms together with the faid other perfon in the faid firft Count mentioned, and divers other prifoners then being in the faid house of correction in the cuftody of the faid William, as fuch keeper thereof as aforefaid, did behave in a riotous, tumultuous, and diforderly manner; and the faid Robert did also then and there excite and endeavour to perfuade fuch other persons to break the faid prison, and to escape from thence; and the faid Robert, and the faid other perfon in the faid firft Count mentioned, and the faid other prifoners fo behaving in fuch riotous, tumultuous, and diforderly manner in the faid houfe of correction, then and there refused to defift from fo doing, for which reafon he the faid William, in the difcharge of his duty as fuch keeper of the faid houfe of correction, and for the neceffary maintenance and prefervation of good order in the faid prifon at the faid time when, &c. at the faid houfe of correction, did gently and moderately correct the faid Robert for his faid mifbehaviour in the faid houfe of correction, and in fo doing did neceffarily ftrike the faid Robert the faid blows and ftrokes in the faid firft Count mentioned, and did neceffarily and unavoidably a little wound and ill treat the said Robert as he lawfully might for the caufe aforefaid, and in order to prevent and put a stop to fuch misbehaviour, did neceffarily tie and faften the faid Robert to the faid other perfon in the faid first Count mentioned, and keep and detain him fo tied and faftened for the faid fpace of time in the faid firft Count in that refpect mentioned, as he lawfully might for the cause aforefaid, which are the fame trefpafs in the introductory part of this plea mentioned, and whereof the faid Robert hath above thereof complained againft him; and this, &c.; wherefore, &c. if, &c.: 3Plea, juftifies And for further plea as to the faid affaulting and imprifoning the the affault and faid Robert, and keeping and detaining him in prifon for the space imprifonment in the first Count of time in the faid firft Count of the faid declaration in that refpect under the faid mentioned above fuppofed to be done by the faid William, he the commitment. faid William, by leave of, &c. according to, &c. fays (actio non);

because he fays, that before the faid time when, &c. to wit, at the delivery of the gaol of our lord the king of the county of S. of the prifoners therein being, holden at, &c. in and for the faid county, on, &c. in the twenty-feventh year of the reign of, &c. before F. B. efquire, one of, &c. the faid Robert was in due form of law committed by the faid court, fo then and there holden as aforefaid, to the faid houfe of correction at, &c. to be there imprifoned for one year then next following and then difcharged; and the faid Robert was thereupon then and there delivered into the cuftody of the faid Wiliam, then and from that time hitherto being keeper of the faid houfe of correction, and was then and there carried and conveyed by the faid William to the faid house of correction, under and by virtue of the faid commitment, and was then and there kept and detained in fuch cuftody under and by virtue of the faid commitment, from thence until and at and after the faid time when, &c. his faid imprisonment under the faid com

mitment

pafs, &c. in the

concludes with molliter manus im

poluit.

mitment not being then expired, as he lawfully might for the cause aforesaid, which are the fame trefpafs in the introductory part of this plea mentioned, and whereof the faid Robert hath above thereof complained against him; and this, &c.; wherefore, &c. if, &c.: And for further plea as to the affaulting, beating, bruifing, 4th Plea juftiwounding, and ill treating him the faid Robert in the faid fecond fies all the trefCount of the faid declaration mentioned, and ftriking, fmiting, 2d Count, but and kicking him the faid ftrokes, blows, and kicks in that Count the maiming for mentioned, and thereby cutting, bruifing, and wounding him, and the fame caufe as alfo as to the imprifoning him the faid Robert, and keeping and in 2d plea, and detaining him in prifon for the faid time in the faid fecond Count mentioned, and alfo as to the tearing, renting, fpoiling, damaging, and deftroying the clothes and wearing apparel of the faid' Robert in the faid fecond Count mentioned, above fuppofed to have been done by the faid William, he the faid William by like leave of, &c. according to, &c. fays, (actio non); becaufe he fays, that before the faid time when, &c. to wit, at the delivery of the gaol of our lord the king of the county of S. of the prifoners therein being holden, at, &c. in and for the faid county, on, &c. in the twenty-feventh year of, &c. before F. B. Efq. one of, &c. the faid Robert was in due form of law committed by the faid court fo then and there holden as aforefaid, to the house of correction, at, &c. to be there imprifoned for one year then next following, and then discharged; and the faid Robert was thereupon then and there delivered into the cuftody of the faid William, then and from that time hitherto being keeper of the faid houfe of correction, and was then and there carried and conveyed by the faid William to the faid house of correction under and by virtue of the faid commitment, and was then and there kept and detained in fuch cuftody under and by virtue of the faid commitment from thence until, and at, and after the faid fecond time when, &c. his faid imprisonment under the faid commitment not being then expired, as he lawfully might for the caufe aforefaid: And the faid William in fact further faith, that the faid Robert, fo being in the cuftody of the faid William as fuch keeper of the faid houfe of correction as aforefaid, he the faid Robert, while he was in fuch cuftody, and just before the faid time when, &c. to wit, on, &c. in the faid fecond Count mentioned, at, &c. in, &c. with force and arms, together with divers other perfons then being in the faid house of correction, in the cuftody of the faid William as such keeper thereof as aforefaid, did behave in a riotous, &c. manner; and the faid Robert did alfo then and there excite and endeavour to perfuade fuch other perfons to break the prifon and to escape from thence; and the faid Robert and the faid other perfons, fo behav ing in fuch riotous, &c. manner in the faid houfe of correction, then and there refused to defift from fo doing, for which reafon he the faid William, in the difcharge of his duty as fuch keeper of the faid houfe of correction, and for the neceffary maintenance and preservation of good order in the faid houfe of correction, did gently and moderately correct the faid Robert for the faid mifbe

B 4

haviour