VOL. IX. Page fault on plaintiff, and imprifoning him), that the de 348. Plea (to declaration for affault and imprifonment, and 349. That defendant took plaintiff by a magiflrate's warrant to find fecurity for the peace. Replication, de injuria, Ra. 341. Vet. Int. 232. Like plea, and fpecial replication, Upp. 206. 219. That plaintiff forcibly diffeifed M. upon complaint of which a magiftrate recorded the force, and committed plaintiff to defendant's cuftody, being a gaoler. Replica tion, de injuria, and traverse that a magiftrate committed plaintiff to the custody of defendant, Ra. 341. Vet. Int. 178 Plea, not guilty, by one; by another, the ftatute against thofe who hold heretical opinions, to be imprifoned by the bishop, and that parishioners fhould pay tithes ; and that plaintiff entertained the opinion that he ought not to pay tithes, and that defendants took him by command of the bishop, and plaintiff broke prifon, Ra. 340. That plaintiff practifed the art of medicine in London, not being a licentiate by the college of phyficians of London, who committed him to prifon by the ftatute. Replication, that he was graduated at the univerfity. Demurrer, 8. Co. 110. VOL. IX. Page 3. MODERATE CORRECTION. (22) 355. Plea (to trefpafs for imprifoning and flogging plaintiff, and putting him in irons), that defendant is captain of a king's fhip of war, and that plaintiff was one of the failors; and because he difobeyed orders defendant caufed him to be moderately flogged and put in irons. Several pleas, vide. 4. MOLLITER Page 34. Plea (to declaration for an affault, and dragging plaintiff over a wall), 1st, Non cul. 2d, As to the affault, that defendant was poffeffed of a clofe in which there was a brick wall, and that plaintiff at the faid time when, &c. was pulling down the wall and carrying away the materials, whereupon he was required to defift, but refufed; and defendant molliter manus impofuit to prevent him. 2d, Son affault demejne. (See declaration, p. 33.) 35. PRECEDENTS in Books of PRACTICE, REPORTERS, &c. Plea (to affault), tft, Not guilty by one defendant; not Pea (to affault and battery), not guilty to the forte, &c and Pia (to trefpafs for an affault on an infant), after imparlance not guilty to force; to refidue, that plaintiff entered his fiable and frightened horfes at N. in the county of Chester, and defendant in defence of his mafler's property molliter manus impofuit, with a traverfe that defendant is guilty elfewhere but in Chetter. Replication, de injuria, &c. Sug. geftion, that iflue ought to be tried at Chefter, 2. R. P. C. B. 58 Plead. Aff. 495 3. Ld. Raym. 112 2. Lill. Ent, 429 That defendant being in his hufe, plaintiff against defendant's will entered into the meffuage and would expel defendant from the p ffeffion thereof, he defended himself. Replication, de injuria, &c. 2. Ero. 138. Tho. 333. 335. That plaintiff entered into defendant's lands and grafs there, and with cattle eat up, and defendant requetted plaintiff to leave the lands; plaintiff refused and affaulted defendant, who defended himself in defence of his property, 2. Bro. 144. That plaintiff would enter defendant's houfe against his will, and defendant pushed him from the door, and pulled him from it, 2. Bro. 144. Like plea, with a traverse that he is guilty of the affault in any other manner, Tho. 322. defendant removed plaintiff out of the house by molliter manus impofuit. Replication, de injuria, &c. Pl. Gen. 633. Tho 375. 399. With a traverle. That J. feiled of an ancient warren, made defendant his warrener; plaintiff entered into the warren and made affault on defendant, who in execution of his office defended himself, and traverie that he is guilty in another place or elsewhere, Tho. 397. Plea to trefpafs for affault, to the wounding not guilty; to refidue juftification in defence of bis poffeffion in a clofe in C. in the fame coun y, with traverse that he is guilty at H. or out of the faid close. Replication, that his entry, &c. was in, by, and through a certain way in the fame close by his permission used and enjoyed, and on that defendant made a violent affault, &c. abfque hoc qued molliter manus impofuit. Demurrer, with caufes, and judgment for laint ff. 2. Lut. 1435. Juftification of affault in proftrating a hedge affixed upon his own foil, Cl. A. 86. To preferve poffeffion of a dog. C. A. 92. Bro Vad. 48. That defendant poff:ffed of one hundred and twenty fheep, plaintiff fo grievoudy chafed them that they were much hurt, to preferve which defendant and his fervants molliter manus impofuerunt on plaintiff. Replication, that plaintiff being feifed of houfes and lands, had common in S. for all cattle; and becaufe fheep were in common damage feafant, plaintiff chafed them, upon which defendant made an affault on plaintiff. Rejoinder, a custom for the inhabitants of H. to chafe sheep beyond common to wash them. Surrejoinder, protefting nul tiel cuftom; pleads, that fheep were out of the way; with traverse and iffue, Tho. 324. That plaintiff entered into clofe of R and the wood in the fame would have carried away; and defendant, by command of R. as his fervant, came to fervant and requefted him to depart; that he would not, and defendant molíuer manus impofuit. Replication, de injuria, Tho. 369. 2. Bro. 148. Plea by defendants, that they kept poffeffion of their mafter's land, and the plaintiff's fervant would have entered, claiming title for his master, and affaulted the defendants; per quod molliter manus impofuit; and traverses the affault in the county of E. Replication, de injuria, and iffue, Bro. Vad. 442. That J. being poffeffed of a fox hound, delivered him to be fafely kept, and plaintiff made an affault on defendant, and would take the dog from him, who defended him felf and the dog. Replication, de injuria, &c. Ra. 611. Plea (to trefpafs for breaking clofe and house, and affault), that locus, &c. is freehold of one defendant, and that he of his own wrong, and the other defendants as fervants, broke the clofe, &c. and molliter manus impofuit upon plaintiff being there, and led him out of the houfe. Replication to the affault, de injuria; and to the trefpafs, that H. plaintiff's mother, was feifed and died, from whom it defcended to plaintiff, who was feifed until defendant diffeifed. Rejoinder, that H. being feifed, enfeoffed T. and D. T. furvived, and enfeoffed defendant; and traverfes that H. died feifed, and iffue, Ro. 455. Upp. 217. Plea, that defendants, as fervants, took the cattle damage feafant, and plaintiff immediately came to defendants and faid, that he had done wrong to take the beafts, and that they fhould not lead them away, and made an affault upon them and would have taken the ca tle out of their hands, on which defendants put him away from them again by laying their hands upon him. Replication, de injuria, Ra. 629. Vet. Int. 161. That plaintiff, feifed of a clofe, demifed it to defendant for years, and plaintiff entered into the close and broke the hedges, and defendant came to him and requefted him to withdraw, but refused, and defendant molliter manus impofuit. Replicasion, de injuria, Ra. 612. Plea Plea (to breaking clofe and affault), title to lands by feoffment, and molliter manus impoluit upon plaintiff. Replication to affault, de injur, Upp. 217. That bishop was feifed of a chace extending into the town of B. in the declaration, and that plaintiff drove the deer there, and would not defift till defendant took him by the arm and kept him for an hour. Replication, de injur:a; and traverses that the chace extends into the vill, Ra. 342. Vet. Int. 187. Plea (to trefpafs for chafing a mare, affaulting and menacing the fervant), that defendant poffeffed of the close took the mare damage feafant, and intended to impound, which plaintiff's fervant would have refcued, to prevent which defendant moluter manus impofu t. Replication, pro:efting, &c. ; pleads that plaintiff and defendant were jointly poffeffed of the clofe that was fown with wheat, and plaintiff, with the mare and fervant, entered to mea fure and divide the wheat, and take his part; and traverses that defendant was poffeffed as in the bar, and iffue, 2. Bro. 260. That plaintiff entered into defendant's land, and defendant would have taken a piece of wood in the poffefiion of defendant; per quod defendant molliter manus impoJuit. Replication, de injuria, 2. Bro. 148. Tho. 369. That defendant, poffeffed of one hundred and twenty fheep, plaintiff fo grievously chafed them that they received damage, to prevent which defendant molliter manus imposuit on plaintiff. Replication, that plaintiff feifed of meffuage and lands, had common in S. for all cattle (except fheep) from a day certain to another day every year; and because defendant's theep were in the common damage feajant, he gently drove them, on which defendant made the affault. Rejoinder, confeffing the prefeription; pleads a custom for inhabitants of H. where he refided, to drive his theep every year from H. to a river beyond the common to wash, and thence back; and defendant and his fervant drove the theep without ftopping beyond the common to the river. Surrejoinder, protefting no fech cuftom; pleads that sheep were extra viam ; and traverfe that defendant drove them without ftopping, and iffue, Tho. 324. VOL. Page 3. To Preferye Peace. 27. Piea (as to imprifoning plaintiff, &c.), for the prefervation of the peace charged a conftable with plaintiff, that he might be carried before a juftice of peace; and because it was Sunday, plaintiff was neceffarily detained in cuftody; and as to the affault, that defendants in aid of the conftable molliter manus impofuerunt. Replication, &c. (See Declaration and Pleadings, p. 21, &c.) 341. Plea to beating plaintiff, defendant porter of New Inn, molliter manus impofuit to prejerve peace, to remove plaintiff out of the Inn, where he was making a great noife. (See other pleas, p. 340. &c.) 4. To Prevent Mischief. 357 Plea of juftification to an action for affault, &c. that plaintiff prefented a gun at defendant, and to prevent JOL. X. Page bis hosting bim, defendant molliter manus impofuit and fon afoult demefne. (Several pleas, vide and poft.) 359. Molliter manus impofuit in defence of his mafter to prevent mifchief, to trefpafs for affaulting, that plaintiff attempted to shoot at him. Plea to affault by two defendants, as to part not guilty, as to the refidue by one defendant fon offault demefne, the other a fpecial fon affault, viz. two defendants were fifters, the plaintiff and first defendant were fighting, and fecond defendant to preferve the peace, and in defending her fifter, molliter manus impofuit, whereupon plaintiff affaulted her, and fo, &c. Replication to the plea of the first defendant, de. injuria, &c. To plea of fecond de injuria, &c. Plea to affault molliter manus impofuit to prevent mischief and pre- PRECEDENTS in Books of PRACTICE, REPORTERS, &c. 2. R. P. C. B. 55 Lill. Ent. 481 That plaintiff made an affault upon J. and defendant, to preserve peace, molliter manus impofuit on plaintiff to prevent greater damage. Replication, de injuria, 2. Bro. 137. Trefpafs and affault against A. and B. fon affault demefne by A. plea by B. molliter manus impofuit on plaintiff and A. fighting, to separate them. Replication, de injuria, Ra. 613. Upp. 214. That plaintiff made an affault on W. and defendant withheld him to prevent damage.. Replication, de injuria, &c. 165. 5. On other lawful Occafions. VOL. IX. Page Plea as to affaulting plaintiff, he was making a noise in 361. Plea of juftification by four defendants, two of them man 362. Plea, 1ft, General iffue; zd, juftification by a tavernkeeper of molliter manus impofuit to prevent plaintiff from leaving defendant's beufe without paying for what he eat and drank. 363. Plca, |