for the space of three months and upwards, languished of the faid cuts, bruises, and wounds fo given him by the faid B. as aforefaid, and the faid A. was obliged to lay out and expend, and did lay out and expend a large fum of money, to wit, the fum of twenty pounds, in and about the endeavouring to cure the faid gelding during that time, and the faid gelding afterwards, to wit, on, &c. at, &c. in, &c. in confequence of the faid cuts, bruifes, and wounds, died: And alfo for that the faid B on, &c. at, &c. with force and arms, a certain other gelding of faid A. of the value of other forty pounds of like lawful money, then and there found and being, cut, beat, bruifed, wounded, and killed, and other wrongs to the faid plaintiff there did, to the great damage, &c. and against the peace of, &c.; whereupon the faid plaintiff saith that he is injured, and hath fuftained damage to the value of one hundred pounds; and therefore he brings his fuit.

F. BULLER.

H. C.) MIDDLESEX, to wit. For that the faid defend- Declaration for againftant, on, &c. at, &c. in, &c. with force and arms, to knocking outthe W.C.) wit, fticks, bludgeons, and other inftruments, one eye of a greygreybound of the faid plaintiff then and there found and being, did hound. ftrike, beat, bruife, and wound, and by the force and violence of divers and very many violent and grievous blows and strokes then and there given by the faid W. C. to the faid greyhound, he the faid W. C. did then knock and ftrike out one of the eyes of the faid greyhound, and thereby occafioned the faid greyhound to lofe and be deprived of one of its eyes: And alfo for that the faid W. C. afterwards, to wit, on, &c. at, &c. with force and arms, one other greyhound of the said H. C. of the value of five pounds, then and there found and being, did beat, bruife, wound, and cripple, and other injuries to the said plaintiff then and there did, against the peace of, &c. and to the damage, &c.

Drawn by MR. CROMPTON.

with

dogs,

H. B. B.) SURRY, to wit. For that the faid R. on, &c. and Declaration for against on divers other days and times between that day and the chafing theep R. C. day of exhibiting the bill of the faid H. at, &c. with whereby divers force and arms drove, and with dogs chafed the cattle of the faid died, and others H. to wit, one hundred fheep of the faid H. and then and there became rotten, fet on and enticed the faid dogs to worry, bite, teaze, and moleft and the rendu the faid fheep, whereby divers, to wit, ten of the faid theep of greatly hurt. the faid H. of the value of twenty pounds, died, and others, to wit, twenty others of the faid fheep became rotten and foul, and the refidue of the faid fheep were greatly hurt, injured, and damnified: And alfo for that the faid R. on, &c. and on divers other days and times between, &c. at, &c. in a certain place there called the Peafe Marfb, drove and chafed with dogs divers other cattle, to wit, one hundred other theep of the faid H. of the value of

two hundred pounds, whereby the faid laft-mentioned cattle were greatly injured, hurt, and damnified in value, and other injuries to the faid H. then and there did, against the peace of our fovereign lord the king, and to the damage of the faid H. of one hundred pounds; and therefore he brings his fuit.

Drawn by Mr. CROMPTON.

Declaration for W. J. MIDDLESEX, to wit. For that the faid F. A. on, Shooting the against&c. at, &c. in, &c, with force and arms, that is to say, plaintiff's grey- F. A.Sa certain gun, fhot at, maimed, wounded, and killed a

hound.

Declaration in

armis, for enter

taining her till

certain greyhound, of the value of five ponnds, of and belonging to the faid W. then and there found and being, and other injuries to the faid William then and there did, against the peace of, &c. and to the damage of, &c. Drawn by MR. CROMPTON.

FOR that the faid defendant heretofore, to wit, on, &c. at, trefpafs viet &c. with force and arms, broke and entered the close of the faid ing the plain- plaintiff there fituate and being, and with feet in walking trod tiff's gounds and down, trampled upon, and fpoiled the grafs there then growing cow-hcufe, and and being of a large value, to wit, of the value of five pounds, taking away a and then and there, with force and arms, broke and entered a cow, and de- certain cow-houfe of the faid plaintiff there alfo fituate and being, he had paid 61. and then and there feized and took a certain cow of the faid plaintiff there then found, and being of a large value, to wit, of, &c. and then and there kept and detained the fame till the faid plaintiff paid and was forced and obliged to pay a large fum of money, to wit, the fum of fix pounds of, &c. to have the faid cow released to him: And alfo for that the faid defendant heretofore, to wit, on, &c. at, &c. feized and took a certain other cow of the faid plaintiff there then found and being of a large value, to wit, of the value of ten pounds of, &c. and kept and detained the fame for a long time, and until the faid plaintiff there paid and was forced and obliged to pay a large fum of money, to wit, the fum of other fix pounds of, &c. to have the fame cow reftored to him the faid plaintiff, and other wrongs to him the faid plaintiff then and there did against the peace of, &c. Damages twenty pounds. T. BARROW.

Declaration in

gainst the father

LANCASHIRE, to wit. J. H. complains of J. W. and trefpafs by a Elizabeth W. being, &c.; for that they the faid defendants herebrick maker a- tofore, to wit, on, &c. at, &c. with force and arms, &c. broke and his daugh- and entered the clofe of the faid plaintiff there fituate and being, ter, about ten and then and there trod down, trampled down, damaged, and years of age, for fpoiled the grafs of the faid plaintiff there then growing and being fpoiling plain of a large value, to wit, of the value of five pounds of, &c. and aff's bricks. then and there, with their feet in walking, trod upon, trampled upon, damaged, broke to pieces, and fpoiled a large quantity, to

wit, ten thousand bricks in the clay of the faid plaintiff there then
being of a large value, to wit, of the value of fifty pounds of,
&c. And also for that they the faid defendants heretofore, to wit,
on, &c. at, &c. with force and arms, &c. trod upon, &c. divers,
to wit, ten thousand other bricks in the clay of the faid plaintiff
there then being and laid out to dry of a large value, to wit, of
the value of fifty pounds of &c. by reafon of which faid laft-men-
tioned premises the faid plaintiff was then and there forced and
obliged to wheel and carry back the faid laft-mentioned bricks to
a certain pit there for the purpose of re-moulding the fame at a
great expence, to wit, twenty pounds of the proper monies of
the faid plaintiff there then laid out, expended, and paid by the
faid plaintiff on that account, and other wrongs to the faid plaintiff
then and there did, against the peace of, &c. Damages fifty
pounds.
T. BARROW.

conduct of the child, he, by not restrain-
ing it after notice, adopts and juftifies its

I have fome doubts how far the father may be liable to this action, or, if he is liable, whether it should be trespass viacts, and which in this cafe is trespass vi et

et armis, or on the cafe; and though I think the child is liable to an action as a trefpaffer if the is of years of difcretion, it feems an aukward one to bring into court against her alone. Upon the whole, therefore, I have joined the father and daughter as co-defendants, because if the father is answerable for the

armis; and, if the father is not amenable
for the child, he may be found not guilty,
and the action proceed against the child
alone; and if they join in the plea,
which probably they will, the father
will not get his cofts, though he should
be acquitted.

THO. BARROW.

hounds in pur

LANCASHIRE, to wit. W. D. late of, &c. was attached Declaration in to answer R. H. in a plea; wherefore heretofore he the faid C. B. at LanW. D. with force and arms, &c. at, &c. on, in, &c. shot off and cafter for shootdischarged a certain gun at, towards, and against a certain dog of ing one of the the faid plaintiff, then being of a large price and value, and plaintiff's thereby there fhot, ftruck, and wounded the faid dog, fo that fuit of a hare. the faid dog foon afterwards, at, &c. died: And alfo wherefore heretofore he the faid W. D. at, &c. with force and arms, &c. fhot off and difcharged a certain gun at, towards, and against a certain other dog of the faid plaintiff there being of a large price and value, and thereby fhot, ftruck, and wounded the faid laftmentioned dog, fo that the fame dog afterwards, at, &c. died: And also wherefore heretofore he the faid defendant, with force and arms, &c. at, &c. fhot, killed, and deftroyed divers, to wit, two other dogs and two bitches of the faid plaintiff there then being of a large price and value, and other wrongs to the faid plaintiff there did, against the peace of our lord the now king, and to the great damage of the faid plaintiff; whereupon the faid plaintiff, by A. B. his attorney, complains, that the faid defendant heretofore, to wit, on, &c. with force and arms, &c. at, &c. in, &c. fhot off and difcharged a certain gun at, towards, and against a certain dog of the faid plaintiff there then being of a large price or value, to wit, of the price or value of twenty VOL. IX.

F

pounds

Plea that

the foreft of W.

pounds of, &c. and thereby then and there fhot, ftruck, and wounded the faid dog, fo that the faid dog foon afterwards, to wit, on, &c. at, &c. in, &c. died: And alfo for that the said defendant heretofore, at, &c. in, &c. with force and arms, &c. fhot off and difcharged a certain gun at, towards, and against a certain other dog of the faid plaintiff, there then being of a large price or value, to wit, of, &c. and thereby fhot, ftruck, and wounded the faid laft-mentioned dog, fo that the fame dog foon afterwards, to wit, on, &c. at, &c. died: And alfo for that the faid defendant heretofore, to wit, on, &c. at, &c. in, &c. with force and arms, &c. fhot, killed, and deftroyed divers, to wit, two other dogs and two bitches there then being of a large price or value, to wit, of the price or value of forty pounds of, &c. and other wrongs, &c. again the peace of, &c. Damage forty pounds.

ift, Not guilty: And for further plea in this behalf as to the one A. B. is fhooting off and difcharging the faid gun in the firft Count of the bow-bearer of faid declaration mentioned, at, towards, and against the faid dog inter alios, and in the faid Count mentioned, and thereby fhooting, ftriking, and that the defend- wounding the fame dog, and as to the fhooting off and difcharging ant is his depu- the faid gun in the faid fecond Count of the faid declaration menthe faid time tioned, at, towards, and against the fame dog in the faid Count when, &c. the mentioned, and thereby fhooting, ftriking, and wounding the faid dogs mentioned laft-mentioned dog, and as to the hooting, killing, and deftroying in the declara- the faid two dogs and two bitches in the last Count of the faid detion were chaf claration mentioned above fuppofed to have been done, he the said ing a beaft of the foreft called defendant, by leave of, &c. fays actio non ; because he fays, that the a hare, where- faid two dogs in the firft and fecond Counts of the said declaration fore he thot mentioned, and the faid two dogs in the said last Count of the said

them.

declaration mentioned, at the faid feveral times when, &c. were the fame two dogs, and not other or different, as the faid plaintiff hath in his faid declaration above fuppofed: And the faid defendant further faith, that before and at the time of the making of the grant hereinafter mentioned, and continually from that time until and at the faid feveral times when, &c. and every of them our faid lord the now king was feifed of and in the forest of W. in the faid county of L. wich the appurtenances, being parcel of his dutchy of L. in his demefne as of fee in right of the faid dutchy, and being fo feifed thereof as aforefaid, the faid lord the king, long before the faid feveral times when, &c. or any of them, to wit, on, &c in the twenty-fifth year of his reign, at Westminster, in the county of Middlefex, by his letters-patent fealed as well with the feal of the faid dutchy as with his feal of the faid county palatine of L. bearing date the fame day and year laft-mentioned, for divers good caufes and confiderations him thereunto especially moving, and of his efpecial g ace, certain knowledge, and mere motion, and by and with the advice and confent of his chancellor and council of his dutchy aforefaid, for himself, his heirs, and fucceffors, did give and grant unto one A. B. efquire, the feveral offices of mafter forefter, gamekeeper, and mafter of his game of deer

and

and of all other game of and within the feveral forefts, chaces, manors, lordfhips, royalties, and parks of W. B. and Q. in his faid county palatine of L. and every of them, and him the faid A. B. mafter foretter, gamekeeper, and mafter of his game of deer and all other game of and within his feveral forefts, &c. of W. B. and Q. in his faid county palatine of L. he did for him his heirs and fucceffors make, ordain, and conftitute by the faid letters-patent, to have, hold, enjoy, occupy, and exercife the faid offices and every of them unto the faid A. B. to be executed by himself or his fufficient deputy or deputies, for which or for whom he would be anfwerable during the term of his natural life, and the faid lord the king did thereby for himfelf, his heirs, and fucceffors, give and grant unto the faid A. B. and his lawful deputies full power and authority to take and kill his deer within his feveral forests, &c. refpectively in the fervice of lawful warrants to him or them if fued for that purpofe, and alfo to hunt, courfe, fhoct, take, feize, and kill for the ufe of the faid lord the king, his heirs and fucceffors, with hounds, greyhounds, &c. [Set out the patent, which empowered A. B. to feize any dogs of perfons not duly authorized],

and being so seised thereof the faid A. B. afterwards, to wit, on, A. B. deputed &c. at, &c. by his certain deputation in writing, fealed with his the defendant, feal (which faid deputation the faid defendant now brings into court, the date whereof is the fame day and year aforefaid) made, ordained, deputed, and conftituted the faid defendent his true, law. ful, and fufficient deputy, gamekeeper, and deputy mafter of the game of deer and of all other game of and within the foreft of W. aforefaid, for and during the term of his the faid A. B.'s natural life, or until fuch time as he fhould revoke the deputation, and fignify his pleasure to the contrary, giving and granting unto him the faid defendant his full and whole power, licence, and authority to take and kill his majefty's deer, &c. &c. [Set out the deputation, which empowered the defendant to feize any dogs of perfons not authorized] as by the faid deputation, relation being thereunto had, byvirtue wherewill appear; by virtue of which faid deputation the faid defend- of he became ant then and there became, and continually from that time until gamekeeper. and at the faid feveral times when, &c. was the lawful deputy gamekeeper and deputy mafter of the game of deer and of all other game of and within the faid foreft of W.: And the faid defendant further faith, that at the said several times when, &c. in the faid declaration in that behalf respectively mentioned, each of the faid That at the faid feveral dogs and bitches in the faid declaration mentioned refpec- when, &c. the tively was in the poffeffion and under the command of the faid dogs were in the plaintiff at W. aforefaid, and within the faid forest of W. the faid plaintiff's pof plaintiff then and there being a perfon not duly authorized to ufe fion (he not the fame dog and bitches, or any of them, to kill hares within the and chafing a being qualified) faid foreft, and that the faid dogs and bitches fo being then and there respectively in the poffeffion, and under the command of the faid plaintiff as aforefaid, were at thofe refpective times within the faid foreft respectively chacing one of thofe beafts of foreft called a hare, belonging to the faid lord the king and to his foreft there; F 2

where,

feveral times

hate.