haviour in the faid houfe of correction, and in fo doing did neceffarily beat, bruife, wound, and ill treat the faid Robert, and did fmite and kick the faid Robert the faid blows, ftrokes, and kicks in the faid fecond Count mentioned, and did thereby unavoidably a little cut, bruife, and wound the faid Robert, and did then and there neceffarily and unavoidably a little tear, &c. the faid clothes and wearing apparel of the faid Robert in the faid fecond Count mentioned, as he lawfully might for the caufe which are the fame trefpafs in the introductory part of this plea mentioned, and whereof the faid R. hath above thereof complained against him; and this, &c. 5th Plea jufti- wherefore, &c. if, &c.: And for further plea as to the faid affaulting fies the affault and imprisoning the faid Robert, and keeping and detaining him in and imprison ment in the 2d prifon for the faid time in the faid fecond Count of the said declaCount for the ration mentioned, above fuppofed, &c. he the faid William by fame caufe as in like leave of, &c. according, &c. fays, actio non; because he says, the 3d plea. that before the faid time when, &c. &c. to wit, at the faid delivery of, &c. before F. B. efquire, one of, &c. &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 then and there delivered into the custody of the faid William, then and from that time hitherto being, &c. and was then and there carried, &c. under and by virtue of, &c. and was then and there kept and detained in fuch cuftody under and by virtue of, &c. from thence until, and at, and after the said fecond time when, &c. his faid imprifonment not being then expired, 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 against him; and this, &c.; wherefore, &c. if, &c.: And for further plea as to fies the trefpafs the faid affaulting, cutting, beating, wounding, and ill treating in the 3d Count the faid Robert in the faid laft Count of the faid declaration menfor the fame tioned, above fuppofed, &c. he the faid William, by leave of, &c. caufe as in 2d according, &c. fays, actio non; because he fays, that before the and 4th pleas. faid time when, &c. to wit, at the delivery of, &c. before F. B. efquire, one of, &c. &c. the faid Robert was in due form of law committed by the faid court fo then and there holden as aforesaid, to the houfe of correction at, &c. to be there imprisoned for one year then next following, and then difcharged; and the faid Robert was thereupon then and there delivered into the custody of the faid William then and from that time hitherto being, &c. and was then and there carried, &c. to the faid houfe of correction under and by virtue of, &c. and was then and there kept, &c. under and by virtue, &c. from thence until and after the faid time when, &c. his faid imprisonment under the faid commitment not being then expired; 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 as aforefaid, and just before the faid time when, &c. to wit, on, &c, at, &c. with force and arms, to

6th Plea jufti.

gether

gether with divers other prifoners then being in the faid houfe of correction in the cuftody of the faid William as fuch keeper thereof as aforefaid, did behave in a riotous, &c, manner; and the said Robert did also then and there excite and endeavour to perfuade fuch other prifoners to break the faid prifon, and to escape from thence; and the faid Robert and the faid other prifoners, fo behaving in fuch riotous, &c. manner in the faid house of correction then and there refused to desist from fo doing, for which reafon he the faid William in difcharge of his duty as fuch keeper of the faid house of correction, and for the neceffary maintenance and prefervation of good order in the faid houfe of correction, at the faid time when, &c. in the faid house of correction, did gently and moderately correct the faid Robert for his faid misbehaviour in the faid houfe of correction, and in fo doing did neceffarily and unavoidably a little cut, &c. the faid Robert, as he lawfully might for the caufe aforefaid, 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.

S. MARSHALL.

&c. and new af

fignment.

And the faid Robert, as to the faid plea of the faid William by Replication him fecondly above pleaded in bar as to the trefpafs in the intro- thereto; to the duction of that plea mentioned, fays, that he by reafon of any 1ft plea, fimiliter; to the 2d, de inthing in that plea alledged ought not to be barred from having and juria, &c. and maintaining his faid action thereof against him, because he fays, new affignment; that the faid William of his own wrong, and without any fuch to the 3d, new cause as is by him in his faid plea by him fecondly above pleaded in affignment; to the 4th, de injubar in that behalf alledged, with force and arms, &c. at the faid ria, &c. and new time when, &c. to wit, at, &c. affaulted, kicked, beat, bruifed, affignment; to wounded, and ill treated the faid Robert, as in the faid firft Count the 5th, new afof the faid declaration mentioned, and ftruck and kicked him the fignment; to the faid blows, ftrokes, and kicks in that Count mentioned, and there- 6th, de injuria, by cut, bruised, and wounded him, and also imprisoned him, and kept and detained him in prifon for the faid fpace of time in the faid firft Count of the faid declaration in that refpect mentioned, and tied and fastened him to the faid other perfon in that Count alfo mentioned, and kept him fo tied and fastened for the said time in the faid first Count in that refpect mentioned, in manner and form as the faid Robert hath above thereof complained against him, and of this he puts himself upon the country, &c: And the faid Robert in fact further fays, that he exhibited his bill in this cause, and brought bis fuit thereupon against the faid William, not only for the faid trefpafs in the faid plea of the faid William by him fecondly above pleaded in bar mentioned, and thereby attempted to be justified, but also for that the faid William, on, &c. at, &c. with force and arms, &c. made an affault upon the said Robert, and there beat, kicked, bruifed, wounded, maimed, and ill treated him the faid Robert, and ftruck and kicked him in and upon his head, face, neck, back, breast, arms, legs, thighs, hands,

and

and other parts of his body, many grievous and violent blows and kicks, and thereby cut, bruifed, and wounded the head, face, &c. of the faid Robert, and then and there imprifoned him, and kept and detained him in prifon 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 faltened him to a certain person who was then and there infected with the itch, and was filthy and nafty, and kept him fo tied and faftened for a long fpace of time, to wit, for the space of twenty weeks, whereby the faid Robert then and there caught the fame of him; by means of which faid premifes he the faid Robert became sick, fore, and diftempered, and remained and continued fo weak and diftempered for a long time, to wit, for the space of two months, and was all that time aforefaid hindered and prevented 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 the great peril and danger of his life, to wit, at, &c. in manner and form as the faid Robert hath above in the faid firft Count of the faid declaration complained against him, which faid trefpafs fo above a-new affigned, is another and different trefpafs from the faid trefpafs in the said plea of the faid William by him fecondly above pleaded in bar mentioned, and thereby attempted to be juftified; wherefore inafmuch as the faid William hath not answered the faid trefpafs fo above a-new affigned, the faid Robert prays judgment and his damages by him New affignment fuftained on occafion of the committing thereof: And the faid 20 34 plea. plaintiff, as to the faid plea of the faid defendant by him thirdly above pleaded in bar as to the affaulting and imprifoning the faid plaintiff, and keeping and detaining him in prifon for the faid time in the faid firft Count in that refpect mentioned, above done by the faid defendant, fays, precludi non; because he fays, that he exhibited, &c. against the said defendant for another and different trefpafs than the faid trefpafs mentioned in the faid plea of the said defendant by him thirdly above pleaded in bar, and thereby attempted to be put in iffue, to wit, for that the faid defendant in the faid, &c. at, &c. with force and arms, &c. affaulted and imprifoned the faid plaintiff, and kept and detained him in prifon for the faid fpace of time in the faid declaration in that behalf mentioned, without any legal caufe whatfoever; wherefore inasmuch as the faid defendant hath not answered the faid trefpaís above a-new affigned, the faid plaintiff prays judgment and his damages by him fuftained on occafion of the committing thereof to be adjudged to hini, &c. [Replication to the 4th and 5th pleas fame as the two laft; replication to the 6th plea fame as the firft of the two laft, to wit, de injuria, &c. and new affignment.]

MIDDLESEX,

In the Common Pleas.

affault and

falfe imprifon

and to find bail

MIDDLESEX, to wit. George Groves, late of, &c. was Declaration for attached to answer John Barrs in a plea; wherefore heretofore an with force and arms he made an affault on the faid John, to wit, at, ment, charging &c. in, &c. and beat, bruifed, wounded, and ill treated him there, plaintiff with the fo that his life was thereby greatly defpaired of, and without any watch, caufing legal or probable caufe whatfoever, against the laws of the land; him to be taken and against the will of the faid John, there imprifoned him, and before a juftice, kept and detained him in prison, and there without any justifiable for his further cause charged the watch with the faid John, and caufed and pro- appearance. cured him to be forcibly conveyed in the cuftody of the faid watchman to a watch house, then and there to be confined for a long time, and until he was afterwards, with like force, taken and conveyed before one A. B. efquire, then and there being one of his majefty's juftices affigned to keep the peace in and for the faid county, and alfo to hear and determine divers felonies, trefpaffes, and other misdemeanors committed in the fame, and until he the faid John for his deliverance from the faid imprisonment was forced and and obliged to find and procure, and did there find and procure bail for his appearance before the faid A. B. or fome other of his faid majesty's juftices of the peace in and for the faid county aforefaid, by means whereof the faid John was during all that time hindered and prevented from following and purfuing his lawful and neceffary affairs and bufinefs, which he would and might have done, and was put to great trouble and inconvenience thereby, and was forced and obliged to lay out and expend, and did lay out and expend a large fum of money in and about the finding and procuring the faid bail, and in effecting his discharge from the faid imprifonment; and alfo wherefore with force and arms he the faid George, at, &c, in, &c. made another affault on the faid John, and then and there again beat, &c. fo that his life was thereby greatly defpaired of, and without any legal or probable caufe whatfoever, and against the laws of the land, there imprisoned him and caufed and procured him to be there imprisoned and kept and detained in prifon for another long time; by means whereof he the faid John was, during all that time, hindered and prevented from following and purfuing his lawful and neceffary affairs and business, which he otherwife would and might have done, and was put to great trouble, expence, and inconvenience: And also wherefore with force and arms the faid George made another affault upon the faid John, at, &c. in, &c. and there again beat, &c. fo that his life was thereby greatly defpaired of, and other wrongs to the faid John then and there did, to the great damage of the faid John, and against the peace of our lord the now king, and thereupon the faid John, by A. B. his attorney, complains; for that the faid George heretofore, to wit, on, &c. with force and arms, made an affault on the faid John, at, &c. in, &c. and then and there beat, &c. fo that his life was thereby greatly despaired of, and without any legal or probable caufe whatsoever, and against the laws of the land, and against the will of the faid John, then and

there

there imprisoned him, and kept and detained him in prison, and then and there without any juftifiable caufe charged the watch with him the faid J, and caufed and procured him to be forcibly conveyed in the cuftcdy of the faid watchman there, and then and there to be confined for a long time, to wit, for the space of twentyfour hours then next following, and until he was afterwards with like force taken and conveyed before one A. B. efquire, then and there being one of, &c. and until he the faid John for his deliverance from the faid imprisonment was forced and obliged to find and procure, and did find and procure bail for his appearance before the faid A. B. or fome other of his majesty's justices of the peace in and for the county aforefaid, by means whereof the faid John was during all that time hindered and prevented from following and pursuing his lawful and neceffary affairs and business, which he otherwife might and would have done, and was put to great trouble and inconvenience thereby, and was forced and obliged to lay out and expend, and did lay out and expend a large fum of money, to wit, the fum of twenty pounds of lawful, &c. in and about the finding and procuring the faid bail, and in effecting his dif 2d Count, more charge from the faid imprisonment, to wit, at, &c. And alfo for general, that he the faid George afterwards, to wit, on, &c. with force and arms, &c. made another affault on the faid John, and then and there again beat, &c. fo that his life was thereby greatly defpaired of, and without any legal or probable caufe, and againft the laws of the land, then and there imprisoned him, and caused and procured him to be then and there imprifoned, and there kept and detained him in prifon for another long time, to wit, for the fpace of twenty-four hours then next following; by means whereof the faid John was during all that time hindered, &c. his lawful, &c. and unde: went and fuffered great pain of body and anxiety of mind, and was put to great trouble, expence, and inconvenience 3d Count, for a thereby, to wit, at, &c.: And alfo for that he the faid George common affatit. afterwards, to wit, on, &c. made another affault on the faid John, and then and there again beat, &c. fo that his life was thereby greatly defpaired of, and other wrongs to the faid John then and there did, to the great damage of the faid John, and against the peace of our lord the now king; wherefore the faid John faith that he is injured, and hath fuftained damage to the value of one hundred pounds; and therefore he brings his fuit. &c. T. BARROW.

Declaration for debauching

plaintiff's wife and getting her with child; fir

FOR that the faid defendant, on, &c. with force and arms, &c. made an affault on one Ann, then and ftill being the wife of the Laid plaintiff, to wit, at Westminster aforefaid, and then and there beat and ill treated the faid Ann, and then and there ravished, &c. quod planiff whereby the faid Ann then and there became pregnant and fick Was put to ex- with child, and afterwards, to wit, on, &c. at, &c. was delivered pence in deliver- of a female child; by means of which faid pregnancy and ing her. being fick with child, and delivery thereof as aforefaid, and other

the