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hi's own right, and the said David the younger as his servant, and by his command at the said several times when, &c. entered into the faid dwelling-house in which the said trespass is above fupposed to have been committed, as being the dwelling-house and close of the said David the elder, and broke open, &c. the outer door of, &c. as being the door of him the said David the elder, and broke, &c. the locks, &c. as being the lock, &c. of him the said David the elder, and ejected, &c. the said David from and out of the possession of the said dwelling-house and close, as being the dwelJing house and close of him the laid David the elder, and with feet in walking trod, &c. the grass, &c. there then growing and being in the said close in the second and third Counts of the faid declaration in that respect mentioned, as being the grass, &c. of the said David the elder growing in his faid close, and with the said swine in the said declaration mentioned eat up, &c. the grass, then growing, and in the second and third Counts in that respect respectively mentioned, as being the grass, &c. of the said David the elder growing in his faid close, and digging up, &c. other heros, &c. there growing, and converted and dilposed thereof to his own use, as being the herbs, &c. of him the said David the elder, growing in his laid close, as he lawfully might do; and because the said goods and chattels in the said first Count of the faid declaration mentioned, at the said time when, &c. were wrongfully in the said dwelling-house in the said first Count of the said declaration mentioned, taking up room, and incumbering the same there, they the said David the elder and David the younger, at the said time when, &c. seized, took, removed, and carried away the said goods, &c. from and out of the said dwelling-house, and deposited, laid, cast, and gently threw the fame in and into the said highway, in the said first Count mentioned, near to the said dwelling-house (the same being the nearest and most convenient place for that purpose), and there left the fame for the said Daniel as they lawfully might do for the cause aforefaid, which are the same trespasies in the introductory part of this plea mentioned, and whereof the said Daniel hath above com

plained against them the said David the elder and David the younSon olam!de- ger; and this, &c. ; wherefore, &c. if, &c.: And for further plea ment. as to the assaulting, &c. the said Ann Rogers, the wife of the said

Daniel in the said fourth Count of the said declaration above supposed to have been done by the said David the elder, he, by like leave of, &c. according to the form of, &c. the said David the elder fays aglio non; because he says, that just before the said time when, to wit, on, &c. in the fourth Count of the said declaration mentioned, at, &c. the said Ann, the wife of the said Daniel, made another assault upon the said David the elder, and would then and there have beat, &c. if he the said David the elder had not then and there immediately defended bimself against the said Ann, whereupon be the said David the elder did then and there immediately defend himself against the said Ann, as it was lawful for him to do for the cause aforesaid; and fo the said David the

elder

elder faith, that if any injury or damage then and there happened or arose to the faid Daniel, the fame arose and was occasioned by the said assault of the said Ann so by her made upon the said David the elder as aforesaid, and in the defence of him the said Da.. vid the elder; and this, &c.; wherefore, &c. if, &c.: And for further plea as to the aflaulting, &c. the said Ann, the wife of the faid Daniel, by the said David the younger, &c. &c. sas the last plea, omitting “ younger"]: And for further plea as to the assaulting, &c. the said Daniel by the said David the elder, as in the said fifth Count of the laid declaration mentioned, be the said David the elder, by like leave of, &c. according to, &c. actio non ; because he says, that just before the said time when, &c. to wit, on, &c. the said Daniel made an assault on the said David the elder, &c. &c. (as in the last plea, only say, that Daniel made the assault on David the elder]: And for further plea, &c. [like the last, on the son.]

V. Lawes.

And as to the plea of the said David the elder and David the Replication deyounger, by them fecondly above pleaded in bar to the said break-nying that the ing and entering the faid dwelling-house in the said first Count of house and close the faid declaration mentioned, and breaking open, breaking down, defendants, and breaking to pieces, cutting, damaging, prostrating, and deitroying as to the aflaule. the outer door of the said dwelling-house, and breaking, damag-ing the plaintiff ing, and spoiling the locks, &c. and cječting, expeiling, putting and his wife, out, and amoving the said Daniel from and out of the polietion of plaintiff fays de the said dwelling-house, and continuing him so ejected, &c. therefrom for the said space of time in the said declaration in that respect mentioned, and seizing, taking, removing, and carrying away the said goods and chattels in the said firft Count mentioned, and depositing, laying, casting, and throwing the same into the common king's highway: And also as to the breaking and entering the said close in the said second Count of the said d.claration mentioned, and ejecting, &c. the said Daniel froin and out of the poffeffion, occupation, and enjoyment thereof, and keeping and continu. ing him so ejected, &c. for the laid (pace of time in the said declaration in that respect mentioned, and with fect in walking, treading down, contuming, and spoiling the grass, &c. there then growing and being, and with lwine eating up, treading down, consuming, and spoiling other the grass, 'herbs, &c. there then growing, and digging up, pulling up, taking, and carrying away other the herbs, &c. there then growing, and converting and disposing thereof to their own use, as in the second and third Counts of the said declaration is mentioned, and above done and committed by the said David the elder and David the younger, the faid Daniel says, that he the said Daniel, by reason of any thing in that behalf alledged, ought not to be báired from having and maintaining his aforesaid action thereof against them; becaufe lie says, that neither the said dwelling-house in the said firft Count of the said deVol. IX. E

claration

claration mentioned, nor the said close in the second 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

occasion of the committing of the fame trespasses to be adjudged zd. to the af- to him, &c.: And the said Daniel, as to the said plea of the said fault, de injuria. David the elder by him thirdly above pleaded in bar, as to the faid

assaulting, &c. the faid Ann, the faid wife of the said Daniel in the said fourth Count of the said declaration mentioned above done by the said David the elder, fays, that by reason of any thing in that plea contained, he the said Daniel ought not to be barred from having and maintaining his aforesaid action thereof against him; because he says, that the said David the elder of his own wrong, and without cause by him in that plea above alledged, aflaulted the said Ann, the said wife of the said Daniel, and beat, &c. in man. ner and form as the said Daniel hath above thereof in the said fourth Count of the said declaration complained against; and this he the faid Daniel prays may be enquired of by the country, &c.: And the said Daniel, as to the said plea of the said David the younger fourthly above pleaded in bar, as to the assaulting, beating, bruising, wounding, and ill-treating the faid Ann, the said wife of the said Daniel in the said fourth Count of the said declaration mentioned above done by the faid David the younger, says, that by reason of any thing in that plea contained, he the said Daniel ought not to be barred from having and maintaining his aforesaid action thereof against himn; because he says, that the said David the younger of his own wrong, and without the cause by him in that plea above alledged, assaulted the faid Ann, the wife of the said Daniel, and beat, bruised, wounded, and ill treated her the said Ann, the said wife of the said Daniel, in manner and form as the said Daniel hath above thereof in the said fourth Count of the said declaration complained against him; and this he the said Daniel prays may be enquired of by the country, &c. : And the said Daniel, as to the said plea of the said David the elder fifthly above pleaded in bar, as to the said assaulting, beating, bruising, wounding, and i!ltreating him the faid Daniel in the last Count of the said declaration mentioned above done, fays, that by reason of any thing in that plea contained, he the said Daniel ought not to be barred from having and maintaining his aforesaid action thereof against him; becaule he says, that he the said David the elder of his own wrong, and without the cause by him in that plea above alledged, affaulted the said Daniel, and beat, bruised, wounded, and illtreated him the said Daniel of the said declaration complained against him; and this he the said Daniel prays may be enquired of by the country, &c. : And the said Daniel, as to the said plea of the said David the younger by him lastly above pleaded in bar, as to the said assaulting, beating, bruising, wounding, and ill-treating the laid Daniel in the said laît Count of the said declaration mene

tioned above done, says, that by reason of any thing in that plea contained, he the said Daniel ought not to be barred from having and maintaining his aforesaid action thereof against them ; because he says, that the said David the younger of his own wrong, and without the cause by him in that plea above alledged, assaulted the faid Daniel, and beat, bruised, wounded and ill-treated him the faid Daniel, in manner and form as the said Daniel hath above thereof in the said laft Count of the said declaration complained against him; and this he the faid Daniel prays may be enquired of by the

C. RUNNINGTON.

country, &c.

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 secondly above pleaded in bar to the said breaking and entering the said dwelling houle in the forft Count of the said declaration mentioned, and breaking open, breaking down, breaking to pieces, cutting, damaging, proit rating, and destroying the outer door of the said dwelling house, and breaking, damaging, and spoiling the locks, hinges, bolts, and fastenings thereof, and eje-ling and expelling, putting and amoving the laid Daniel from and out of the pofleffion of the said dwelling-house, and keeping him so ejected, expelled, put out, and amoved therefrom for the said space of time in the faid declaration in that respect mentioned, and seizing, taking, moving, and Garrying away the said goods and chattels in the said first Count mentioned, and depotiting, laying, casting, and throwing the same in and into the king's highway: And also as to the breaking and entering the said close in the faid second Count of the said declaration mentioned, and ejecting, expelling, putting out, and amoving the said Daniel from and out of the poffeffion, occupa. tion, and enjoyment thereof, and keeping and continuing him so ejected, expelled, put out, and amoved therefrom for the said space of time in the said declaration in that respect mentioned, and with feet walking, treading down, consuming, and spoiling the grass, herbs, roots, and garden stuff there then growing and being, and with swine eating up, treading down, and spoiling and consuming other the grass, herbs, roots, and garden stuff there then growing, digging up, pulling, and taking and carrying away other the herbs, roots, and garden Ituff there then growing, and converting and disposing thereof to their own use, as in the second Count of the faid declaration is mentioned, and above supposed to have been done and committed by the said David the cider and David the younger, they the laid David the elder and David the younger say, that the said Daniel ought not to have or maintain bis aforesaid action thereof against them the said David the elder and David the younger, because protesting that the said plea to picaded in reply, and the matters therein contained, in manner and form as the same are above pleaded and set forth, are not sufficient in law for the said Daniel to have or maintain his faid action thereof against them; for rejoinder in this behalf they the said David the elder and David the

younger

E 2.

younger say, that the said dwelling-house in the firft Count of the said declaration mentioned, and the said close in the said second and third Counts of the said declaration mentioned, were, and at the faid several times when, &c. were the dwelling-housc, close, and freehold of the said David the elder, in manner and form as the said David the elder and David the younger have above in the said second plea in that behalf alledged; and of this they put themselves upon the country: And as to the said plea of the said Daniel by him above pleaded, by way of reply to the said plea of the said Da. vid the elder by him thirdly above pleaded in bar, as to the said alfaulting, beating, bruising, wounding, and ill-treating the said Ann, the said wife of the said Daniel in the said fourth Count of the said declaration mentioned above supposed to have been done by the said David the elder, and whereof the said Daniel hath put himself upon the country, he the said David the elder doth the like, &c.: And as to the said plea of the said Daniel by him above pleaded by way of reply to the said plea of the said

David the younger fourthlý above pleaded in bar, as to the faid assaulting, beating, bruising, wounding, and ill-treating the faid Ann, the laid wife of the said Daniel in the faid fourth Count of the said declaration mentioned above supposed to have been done by the said David the younger, and whereof the said Daniel hath put himself upon the country, he the said 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 said plea of the said David the elder fifthly above pleaded in bar, as to the afTaulting, beating, bruising, wounding, and ill-treating him the faid Daniel in the last Count of the faid declaration mentioned above supposed to have been done, and whereof the said Daniel hath put himself upon the country, &c. he the said David the elder doth the like, &c. : And as to the said plea of the said Daniel by him above pleaded by way of reply to the said plea of the faid David the younger by him lastly above pleaded in bar, as to the said affaulting, beating, bruising, wounding, and ill-treating the said Daniel in the faid last Count of the said declaration mentioned above supposed to have been done, and whereof the said Daniel hath put himself upon the country, he the said David the younger doth the like, &c.

V. LAWES.

Declaration,

KENT, to wit. J. S. complains of T. K. being, &c.; for that trespass for iak. the said Thomas, on, &c. with force and arms, at, &c.in, &c. broke ing two anchors and entered a certain fhip or veficl of the said Thomas called, &c. from on board and took two anchors of the said Joseph of a large value, to wit, Ship belonging to plaintiff,

of the value of ten pounds, there then found and being in the said ship or vessel, and carried away the same, and converted and dispose ed thereof to his own use: And also for that the said Thomas af. terwards, to wit, on, &c. with force and arms, &c. at, &c. in, &c: broke and entered a certain other ship or vessel of the said Joseph called, &c. and took one other anchor of the said Joseph of

a large

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