Sidebilder
PDF
ePub

said fir Thomas, by such writing under his hand, and duly entered Admits the de. with the clerk of the peace of the said county of Norfolk, as in fendant's depu. the said plea is above mentioned, did authorize, nominate, and appoint the said Joseph to be such gamekeeper, with such power, licence, and authority as the said Joseph has in his faid plea by him secondly above pleaded in bar in that behalf alledged; but the said De injuria fua Jonathan further says, that the said Joseph of his own wrong, and absque tali caufa. without the residue of the cause by him above in his faid plea alledged, at the said time when, &c. in the said first Count of the said declaration mentioned, fuized, took, and carried away from the said Jonathan the said gun in the said first Count mentioned, and converted and disposed thereof to his own use, in manner and form as the faid Jonathan hath in his first Count of the said 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 causa.]

J. HENNIKER.

Afterwards, on the day and at the place within mentioned, be- Poftea. fore Alexander, lord Loughborough, chief justice of our lord the king of the bench, and Fleetwood Bury, esquire, affociated to the faid lord Loughborough and other justices of our faid lord the king affigned to take the aflizes in the county of N. by form of the statute, &c. by virtue of the writ of our faid lord the king of si non Si non omnes, omnes, come as well within-named Jonathan Morris, by his attorney within written, as the within-named Joseph Forby and John Overland, by their attorney also within written, and the jurors whereof the jury whereof inention is within made, impannelled, and drawn by ballot, according to the form of the statute, &c. being likewise called come, who being approved and sworn to speak the truth, the justices within contained fay upon their oath as to the issue first within joined between the said parties, that the said Joseph Firftiffue for the and John are guilty of the premises within laid to their charge, in plaintiff. manner and form as the said Jonathan hath within thereof complained against them: And as to the issue secondly within joined Second iffue for between the said parties, as to the within written plea of the said the plaintiff. Joleph by him secondly within pleaded in bar, as to the seizing, taking, and carrying away the said sum within-mentioned from the said Jonathan in the said 'first Count of the said declaration men. tioned, and converting and disposing thereof to his own use, in manner and form as the said Jonathan hath in his faid first Count of the said declaration within thereof complained, the said jurors upon their laid oath further say, that the said Jofeph, of his own wrong, and without the residue of the cause by him within in his said plea alledged, at the within time when, &c. in the said first Count of the said declaration mentioned, seized, took, and carried away from the said Jonathan the said sum in the said frit Count of the faid declaration mentioned, and converted and disposed thereof to bis own use, in manner and form as the said Jonathan hath above in his faid first Count of the declaration mentioned within comB 2

plained

plained against hiin. [Verdiet for plaintiff on laft iflue] : And the jurors aforesaid afress the damages of the said Jonathan by reason of the premises within specified, hefides his costs and charges by him expended about his suit in this behalf to twenty-fix pounds five Thillings for his faid costs and charges to forty shillings; therefore, &c.

Declaration in

COUNTY OF NORTHAMPTON, to wit. Robert Croft trespass for ar. fault and batte- complains of William Adams being, &c.; for that the said Wilry, wounding, liam heretofore, to wit, on, &c. at, &c. with force and arms, to maiming, falfe wit, with swords, ftaves,canes, sticks, whips, bludgeons, knives, keys, imprisoning, and and other offensive weapons, and with his fists, hands, and feet, tying plaintiff to

made an assault upon the said Robert, and then and there beat,kicked, a person who had got the itch, bruised, wounded, maimed, and ill-treated hiin the said Robert, and whereby plain- ftruck and kicked him in and on the face, head, neck, back, breasts, tiff cauglst it. arms, and legs, and other parts of his body, many grievous and

violent blows, strokes, and kicks, and thereby cut, bruised, and wounded the head, face, &c. and other parts of the body of the said plaintift, and then and there imprisoned him, and kept and detained him in prison there for a long space of time, to wit, for the space of fix months, against his will, and without any legal cause whatsoever, and then and there tied and fastened him to a certain person there, who then and there was infected with the iech, and was filthy and nafty, and kept him so tied and fastened for a long space of time, to wit, for the space of twenty weeks, whereby the said plaintiff then and there caught the same of him, by means of which premises the said plaintiff then and there became fick, weak, and distempered, and remained and continued fo sick, weak, and distempered for a long space of time, to wit, for the space of two months, and was all the time aforesaid prevented and hindered from, and rendered incapable of transacting and following his lawful and neceffary affairs and business which he otherwise might and would have done, and during all that time underwent

and suffered great pain and anguilh of body and anxiety of mind, to 2d Count im- the great peril and danger of his life, to wit, at, &c. : And allo prisoning, tear- for that the said William, on, &c. with force and arms, &c. to ing cloths, and wit, with swords, &c. and with his fists, &c. made, &c. and then omitting the tying, &c.

and there again beat, &c. hin the said Robert, and struck, smote, and kicked him in and upon his head, &c. and other parts of his body, many grievous and violent blows, &c. and thereby violently cit, &c. and then and there imprisoned, &c. againtt his will, and without any legal cause whatsoever ; by means of which premises the said Robert became fick, weak, and distempered, and re. mained and continued fo fick, &c. for a long space of, &c. and thereby was, during all the tine laft aforesaid, hindered and prevented, &c. which he otherwise might and ought to have done, and during all that time underwent, &c.; and the faid William then and there rent, spoiled, damaged, and dutroyed the clothes and wearing apparel of the said Robert, to wit, two coats, two

Watcoats,

PLEA-JUSTIFICATION BY AUTHORITY OF LAW-(GOALER.) 5 waistcoats, one pair of breeches, one waistcoat, one neckcloth, two handkerchiefs, one pair of shoes, and two pair of stockings, wherewith he was then and there cloathed, and which he then and had on of the value of ten pounds, so that they became of no use or value to him the said Robert: And also for that the said Wil- 3d Count, for the . liam, on, &c. at, &c. with force and arms, to wit, with swords,

common affauit. &c. and with his fifts, &c. made another assault upon the said Robert, and then and there again beat, &c. so that his life was thereby greatly despaired 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 said Robert of five hundred pounds; and there. fore he brings his suit.

whereof

First plea, not guilty: And for further plea as to the said af- Plea sit, saulting, beating, kicking, wounding, and ill treating the said not guilty ; 21, plaintiff in thc faid first Count of the raid declaration mentioned, that plaintiff was and striking and kicking him the said blows, strokes, and kicks houte of correcin that Count mentioned, and thereby cutting, bruising, and tion, wounding him; and also as to the imprisoning him, and keeping defendant was and detaining him in prison for the said time in the said first keeper by the Count in that respect mentioned, and tying and fastening him to judge of affize; the said person in that Count also mentioned, and keeping him so for a year, and tied and fastened for the faid time in the said firit Count in that that he was murespect mentioned above supposed to be done by the said William, tinous, and jusby leave of, &c. according to, &c. fays (actio non}; because he tifies all the trefa says

, before the said time when, &c. to wit, at the delivery of the pass in the fort gaol of our lord the king of the county of Southainpton of the maiming. prisoners therein being, holden at the castle of Winchester, in and for the said county, on, &c. in the twenty-seventh year of the reign of our lovereign lord George the Third, king of Great Britan, &c. before Francis Buller, esquire, one of the justices of our faid lord the king assigned to hold pleas before the king himself, fir John Wilson, knight, one of the justices of our faid lord the king of his faid court of common bench, and others their fellowjustices of our faid lord the king duly afligned in that behalf, the laid Robert was in due form of law committed by the said court, so then and there holden as aforesaid, to the house of correction at G. in the county of S. aforesaid, to be there imprisoned for one year then next following, and then discharged; 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 said gaol or house of correction, and was then and there carried and conveyed by the said William to the faid house of correction, under and by virtue of the said commitment, and was then and there kept and detained in such custody under and by virtue of the said commitment, from thence until, and at and after the faid time when, &c. his said imprisonment under the faid commitment not being then expired, as he lawfully might do for the cause aforesaid: And the said William in fact further faith, that the said Robert, fo being in the custody of the said William, as fuch keeper of the said house of correction as aforesaid, he the faid Robert, B3

wbile

while he was in such cuftody, and before the said time when, &c. to wit, on, &c. in the said first Count mentioned, at, &c. in, &c. with force and arms together with the said other person in the faid first Count mentioned, and divers other prisoners then being in the said house of correction in the custody of the said William, as such keeper thereof as aforesaid, did behave in a riotous, tumultuous, and disorderly manner ; and the said Robert did also then and there excite and endeavour to persuade such other persons to break the said prison, and to escape from thence; and the faid Ro. bert, and the faid other person in the said first Count mentioned, and the said other prisoners so behaving in such riotous, tumultuous, and disorderly manner in the faid house of correction, then and there refused to desist from so doing, for which reason he the said William, in the discharge of his duty as such keeper of the said house of correction, and for the necessary maintenance and preservation of good order in the said prilon at the said time when, &c. at the said

house of correction, did gently and moderately correct the faid Robert for his said misbehaviour in the said house of correction, and in so doing did necessarily strike the said Robert the faid blows and strokes in the said first Count mentioned, and did necessarily and unavoidably a little wound and ill treat the said Roo bert as he lawfully might for the cause aforesaid, and in order to prevent and put a stop to such misbehaviour, did necessarily tie and fasten the said Robert to the said other person in the said firit Count mentioned, and keep and detain him so tied and fastened for the said space of time in the said first Count in that respect mentioned, as he lawfully might for the cause aforefaid, which are the same trespass in the introductory part of this plea mentioned, and whereof the faid Robert hath above thereof

coinplained against him ; and this, &c. ; wherefore, &c. if, &c. : 3.!Plea, justifies And for further plea as to the said assaulting and imprisoning the the affault and faid Robert, and keeping and detaining him in prison for the space imprit ipment in

of time in the said firit Count of the said declaration in that respect the first Count under the lid mentioned above fuppofed to be done by the faid Williain, he the coirimicment. faid William, by leave of, &c. according to, &c. says (aftio non);

because he says, that before the said time when, &c. to wit, at the delivery of the gaol of our lord the king of the county of S. of the prisoners therein being, holden at, &c. in and for the said county, on, &c. in the twenty-seventh year of the reign of, &c. be. fore F. B. esquire, one of, &c. the said Robert was in due form of law committed by the laid court, so then and there holden as aforesaid, to the faid 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 custody of the said Wiliam, then and from that time hitherto being keeper of the said house of correction, and was then and there carried and conveyed by the said William to the said house of correction, under and by virtue of the said commitment, and was then and there kept and detained in such custody under and by virtue of the said commitment, from thence until and at and after the faid time when, &c. his said imprisonment under the said com

mitment

mitment not being then expired, as he lawfully might for the cause aforesaid, which are the same trespass in the introductory part of this plea mentioned, and whereof the said Robert hath above thereof complained against him; and this, &c.; wherefore, &c. if, &c. : And for further plea as to the affaulting, beating, bruising, 4th Plea jufti. wounding, and ill treating him the said Robert in the said second fies all the trefCount of the faid declaration mentioned, and striking, smiting, 2d Count, but and kicking him the said strokes, blows, and kicks in that Count the maiming for mentioned, and thereby cutting, bruifing, and wounding him, and the fame caufe as also as to the imprisoning him the said Robert, and keeping and in 2d plea, and detaining him in prison for the said time in the said second Count concludes with

molliter manus immentioned, and also as to the tearing, renting, spoiling, damag

poluit. ing, and destroying the clothes and wearing apparel of the said Robert in the said second Count mentioned, above supposed to have been done by the said Willianı, he the said William by like leave of, &c. according to, &c. fays, (actio non); because he fays, that before the said time when, &c. to wit, at the delivery of the gaol of our lord the king of the county of S. of the prisoners therein being holden, at, &c. in and for the said county, on, &c. in the twenty-seventh year of, &c. before F. B. Efq. one of, &c. the faid Robert was in due form of law committed by the said court so then and there holden as aforesaid, to the house of correction, at, &c. to be there imprisoned for one year then next following, and then discharged; and the said Robert was thereupon then and there delivered into the custody of the said William, then and from that time hitherto being keeper of the said house of correction, and was then and there carried and conveyed by the said William to the said house of correction under and by virtue of the said commitment, and was then and there kept and detained in such custody under and by virtue of the said commitment from thence until, and at, and after the said second time when, &c. his said imprisonment under the said commitment not being then expired, as he lawfully might for the cause aforesaid: And the said William in fa&t further faith, that the said Robert, so being in the custody of the said William as such keeper of the said house of correction as aforesaid, he the said Robert, while he was in such custody, and just before the said time when, &c. to wit, on, &c. in the said second Count mentioned, at, &c. in, &c. with force and arms, together with divers other persons then being in the said house of correction, in the custody of the said William as such keeper thereof as aforesaid, did behave in a riotous, &c. manner; and the faid Robert did also then and there excite and endeavour to persuade such other persons to break the prison and to escape from thence; and the said Robert and the said other persons, so behav. ing in such riotous, &c. manner in the said house of correction, then and there refused to desist from so doing, for which reason he the said William, in the discharge of his duty as such keeper of the said house of correction, and for the necessary maintenance and preservation of good order in the said house of correction, did gently and moderately correct the said Robert for the said mitbeB 4

haviour

« ForrigeFortsett »