VOL. IX. Page

363. Plea, that A. B. was poffeffed of a fhop, plaintiff entered and made a great noife, &c. and molluer manus imboJun by the defendant, as fervant to A. B. to turn him out, and that the plaintiff alfaulted defendant, and that defendant then defended himself, &c.

364. Plea (to trefpafs for an affault, and taking away a ne'), that A. B. was feifed of the manor of A. and appointed defendant his gamekeeper, and the plaintiff not being qualified molluer manus imposuit to seize the net. Plea to trefpafs and affault against three; two plead not guilty; the third, as to part pleads not guilty; as to the refidue, that plaintiff was mafter of a fhip, and plaintiff oppofed and obftructed him in the difcharge of his duty,

PRECEDENTS in Books of PRACTICE, REPORTERS, &C.

2. R. P. C. B. 47

Plea (to trefpafs for ftriking a mare), that one R. was riding violently on the mare against him, and defending himself ftruck the mare with a fmall prong or fork. Replication, de injuria, 3. Br. 457.

Plea, that plaintiff commanded his fervant to take the cattle to agift, who took defendant's fheep. Replication, de injuria, &c. Ra. 605.

Plea, that plaintiff hindered him in felling his fifh; per quod, &c. Replication, de injuria, Pl. Gen. 625.

That defendant poffeffed of two fhillings as of his own goods, plaintiff would take them out of his poffeffion; per quod defendant molliter manus impofui, 2. Bro. 143. Like plea, de pare chirothecarum 2. Bro. 144.

That plaintiff endeavoured to divert the water out of the ufual watercourfe, and would not defift at defendant's request; per quod defendant molliter manus impofuit. Replication, de injuria, &c. The. 370.

That defendant, as fervant of T. took cattle in the name of a distress, which plaintiff endeavoured to rescue; per quoa the stick which defendant had in her hand moved it towards plaintiff. Replication, de injuria, &c. Tho. 421.

That defendant, poffeffed of a room in a common tavern belonging to plaintiff, entered into the place, and on the poffeffion of defendant, and defendant amicably re quefted that he would not depart; per quod moluer manus impofuit. Replication, de injuria, &c. Tho. 422.

Plea of fon affault deme/ne, &C. Replication, that he was fervant to W. S. retained to take care of his horfes, and that defendant, with all his ftrength, endeavoured to beat, &c. one of them; per qued he put his hands on defendant to prevent him, and on this he affaulted plaintiff as in the declaration. Rejoinder, to which no regard was given, but judgment was given on demurrer to this for defendant, for that the replication was bad, being only that plaintiff endeavoured where it ought to be, that plaintiff had affaulted or beaten the horse, 2. Lut. 1481.

Juftification, because plaintiff did not pay for what he had, Cl. A. 100.

Juftification in affault, to wit, gently touching his hat in a familiar converfation, Bro. Vad. 484.

Juftification in defence of his horfe. Bro. Vad. 486. To put plaintiff out of his lodging, Bro. Vad. 487. To caufe plaintiff to defift from pounding (campanum) in the night, lbid.

That defendant is a lapidary, and retained by M. to build a wall, defendant molliter manus impofuit on plaintiff, Bro. R. 485. Replication, that plaintiffs are jointly feifed with M. of lands on which wall was built.

That defendant, in the name of a diftrefs for rent unpaid, took a cow, which plain

tiff would rescue; per quod molliter manus impofuit. Replication, de injuria, Wi. Ent. 984. Of goods and chattels in the houfe by defendant's wife, Bro. Met. 384. Juftification, turning plaintiff out of his houfe upon coming thither to disturb him, Bro. Vad. 415, 418. Replication, de injuria, 2. Mo. Int. 313.

That defendant was a curate, and plaintiff talked fo loud in the church as to prevent reading prayers, for which defendant upbraided him, and defired him to ceafe, and he refufed; per quod molliter manus imposuit, and put him out of the church. Replication, de injuria, Ra. 612.

That plaintiff's father held lands of defendant by knight's fervice, and defendant molliter manus impofuit upon plaintiff within age to feize him. Keplication, that plaintiff's father held the lands in focage; and traverses that he held by knight fervice, Ra. 649. Upp. 212.

Plea (to trefpafs, for taking and carrying away the daughter and heir), that the father held lands of defendant by knight fervice, who took the daughter within age. Replication, de injuria propria; and traverfes tenure, Ra. 649.

That . being feised of an ancient warren, made defendant his warrener; that plain. tiff entered into the warren, and made an affault on defendant. who in the execution of his office defended himself; and traverses that he is guilty in any other manner or elsewhere out of B. Tho. 397.

That defendant being in company at a public-house, the plaintiff came into the com pany, and refufing to withdraw molliter manus impofuit, and turned her out. plication, de injuria, &c. and iffue, 2. Mo. Int. 313.

Re

(24.)

2. Third Perfon.

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3. Specially with an Ira Motus.

35. Plea (to declaration for an affault, and dragging plaintiff over a wall), that after requiring plaintiff to defift from pulling down the wall, plaintiff made an affault on defendant, whereupon he defended himself. (See Declaration, p. 33.)

47. Plea of fon affault demenfe to declaration for affaulting
plaintiff's wife. (See Declaration, Index, ante, and
P. 46.).

342. Plea of molliter manus impofuit in defence of self. Plea to
tearing clothes, on affault demefne in defence of felf,
and to affault only. (See other pleas, p. 340, &c.)
Replication, de injuria, and fimiliter to all the pleas.
358. Plea (to trefpafs for affault), that plaintiff attempted to
fhoot with a gun at defendant, fon affault de-
mefne in defence of felf, and Jon affault demejne making
an affault, with an irâ motus in defence of his master,
and in his aid, &c. and to prevent mischief, and in de-
fence of his master, took the gun and deposited it with
VOL. IX.
M m

359.

a ma

VOL.
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Page

a magiftrate for the use of plaintiff, as he lawfully might
do. (Several pleas, vide p. 357-)

366. Plea to declaration for an affault by hufband and wife on
plaintiff; 1ft not guilty; zd, for the wife, molliter manus
impfunt to turn him out of the house; 3d, fimilar to
firk Count for husband and wife. molliter manus im-
pofuit by wife to turn him out, plaintiff affaulted her,
and both defendants in her defence defended her; 4th,
by wife alone in defence of her husband, with an ira
morus, &c. (Qu. and fee the cafes cited 5th as fervant,
and in defence of her hufband. Qu.)

369. Replication to plea of fon affault demesne, that defendant was beating plaintiff's child, and that the affaulting of defendant (as ftated in the plea) was in confequence of the defence of the child.

Plea, molliter manus impofuit in defence of his wife, the plain-
till ftriking, &c. the horfe whereon he rode,
Plea, Jon effauit demefne. Replication, de injuria, &c.
Son affault demifne in defence of fef. Replication, de injuria.
Rejoinder,

Plea of fon affault demefne in defence of felf to action of trespass
for an aflault. Replication, de injuria, St.
Plea to affault and battery brought by the husband and wife to
the force, &c. not guilty; to refidue, that one J. C. was
plaintiff in an action against the hufband in the mayor's court
of Guildford, on which a piaint issued to one of the defen-
dants to arreft him, who took him into cuftody, from whence
he efcaped; whereupon he, together with the other defend-
ant in his aid, retock him on freth purfuit, upon which the
wife fan affault demene to refcue the husband, against whom
they defended themfelves, which is the fame allault,
Plea of fon offault semene to the trefpafs on the wife of defend.
ant's matter in endeavouring to take away feveral hogsheads
delivered to the mafter, a carrier, to carry, which the wife
Frevented,

PRECEDENTS in Books of PRACTICE, REPORTERS, &c.

Plea of fon affoult demene to battery on bufband wife, Wi. Ent. 1007. Replication, de injuric, Bro. R. 482.

Plea of Jon affault demene, plaintiff took defendant's bullock, which defendant endea voured to get; per quod fervant made an affault, Tho. 390.

Plea to trefpafs again three, of fon effoul aemefne by two feverally, by the other defendant molliter manus impofuit upon plaintiff and defendant to feparate them. Replication, to the two de injuria, &c. feverally, and demurrer to the other, The. 40S.

Plea, fon affault demefne. Replication that plaintiff, by virtue of a warrant on a la. titat, peaceably arrested defendant, on which defendant made the affault upon him, Tho. 385. Rejoinder to fimilar replication, that plaintiff made the affault other wife and in other manner than in the plea, Ibid. 394.

Plea,

Plea, not guilty by one, fon assault demefne by the other, Tho. 335.

Plea (to trefpafs and affault against R. and T.) by R. Jon affault demefne, by T. molliter manus impoluit on plaintiff and R. fighting to jeparate them. Replication, de injuria, &c. Tho. 336 339 394. 2. Bro. 143.

Son affault demejne fpecial concerning a dog. Replication, de injuria, Ro. Ent. 464

To preferve peace, and defend his fon, Cl. Aff. 90.
Juftification in defence of the mafter, Bro. Vud. 484.

Plea of fon affault demefne fpecially pleaded in prefervation of quiet poffeffion of goods levied by virtue of a writ of our lord the king iffuing out of the exchequer, Tho.

399.

Plea of fon affault demefne, and for his own defence. Replication, that the plaintiff was poffeffed of an house and shop, and the defendant entered and reviled him, whereupon the wife by command molliter manus impojat. Demurrer, for that plea neither admits, nor traverfes, nor answers to plea, Lev. Ent. 217. Cl. A. 107. Bru. Vad. 487. Pl. Gen. 633.

Special fon afault demelne in defence of poffeffion of defendant's house, Bro. Vad. 413. Demurrer, Han. 215. Replication, de inju ia, &c.

Plea, Jon affault demefne. Replication, that defendant digging plaintiff's foil without leave, and refufing to be gone, the gently ftruck him, whereupon he did affault and beat her, &c. Replication de injuria, &c. Bro. Vad. 446.

Plea of fon affault dem fne, Ra. 611. Co. Ent. 644. Vet. Int. 19. Her. 34. Affault on fervant, Ra. 613. On fervant, that he was not retained, Ra. 674.

Plea to trefpafs and affault at D. that plaintiff made the affault on defendant at S. with continuando of affault to D. Replication, de injuria at D. Ra. 611. Vet. Int.

57.

Son affault demefne against hufband and wife for the affault of the wife, Her. 393. Against husband and wife, not guilty by hufband, fon affault demefne by the wife, 1.Br. 188. Upp. 214.

Plea, not guilty by one, son offault dem:fne by the other, Ra. 612.

Plea, fon affault demefne by one, abatement for mifnomer of the other, Ra. 610. Vet. Int. 43. Son affault by one abatement, no fuch perfon by the other, Ra. 611. To the trefpafs, common bar; to battery, fon affault demere, 3. Br. 100. Plea to trefpafs against A. B. C. and D.; A. and B. fay, that B. is A.'s fon, and that plaintiff made an affault on A. and that he and A. defended him, C. and D. that they were conftables, and feeing plaintiffs make an affault up u A. would arreft plaintiff, who made an affault upon them, they defended themfelves. Replication, de injuria, Ra. 612.

Plea, Jon affault demefne. Replication, that defendant made an affault on plaintiff's wife; and plaintiff, to affift him, laid his hands upon defendant, who ira motus made an affault on plaintiff to beat hin, and iffue, Ro. 612. Vet Int. 155. That defendant kept a fchool, and that plaintiff was his fcholar, whom he chaitifed for mifconduct. Replication, de injuria, Ra. 6 3.

MODERATE CORRECTION.

Plea (to trefpafs, affault, and menaces upon S. fervant of plaintiff, against A. and B.) not guilty by A.; by B. that S. and many others made an affault upon him, who to a fena himpf ftruck them again; and to menaces, that he faid he would bring an action against S. and others for the faid affault; and traverses that he is guilty of the menaces against his life. Replication to the affault, de injuria, and that defendant is guilty of the menaces as in the declaration, Rs. 613. Fet. Int.

161,

Plea by one, fon affuult demefne; by another, juftification in defence of his father; and a third, to preferve peace, 2. Mo. Int. 312.

That plaintiff being an apprentice to defendant, departed without leave for feveral days, and behaved himfelf fo ill to his mafter, refufing to do his neceffary work, and that defendant chaftifed him as he might lawfully, and detained him in his houfe to do his work. Replication, de injuria; iffue, 1. Bro. 219.

Son affault demefne, and replication, de injuria propria, Cl. Aff. 25. Bro. Vad. 454. 1. Inft. Cl. 217. 345. 2. Mo. Int. 310. 312. Pl. Gen. 617. Cl. Man. 395. The. 426. Not guilty to part, jon affault to refidue, Cl. A. 135. One not guilty, the other fon affault, Ibid. 75. 143.

Plea, fon affault demejne by one; by another, juftification in defence of his father; third, for preferving the peace.

That plaintiff made an affault upon defendant with a piece of wood, and defendant, to defend himself, took it out of his hands, and delivered it to the conftable to keep the peace. Replication, de injuria, &c. Co. Ent. 651. ·

OTHER PLEAS IN TRESPASS.

Plea in abatement of a fervant of a clerk in chancery. Demurrer. Judgment for plaintiff, for that in the plea it is not averred, " and this he is ready to verify," 2. Lut. 1465.

Plea fpecial to the affault to menaces, that he faid that he would profecute his fuit in law for the affault on plaintiff; and traverfes that he is guilty of the menaces against his life, &c. Ra. 613. Vet. Int. 161.

Plea in abatement (to declaration against two, for taking a hogfhead of cyder) by outlawry after judgment. Demurrer, and judgment for plaintiff, on exception that the plea is, that he (where it fhould be they) ought not to be compelled to an fwer to the writ and declaration being fhewn for caufe, 2. Lut. 1519.

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Page

4. NEW ASSIGNMENT. (25)

9. Replication to plea to declaration for affault and battery; to the first plea, fimiliter; zd, de injuria, &c.; to the. 3d, new affignment; to the 4th, de injuria, &c. (See P. 4, 5, &c.)

23. New affignment to plea that trefpaffes in the declaration mentioned were done and committed at different times and on different occafions than in plea mentioned. Plea 24. thereto, 1ft, not guilty; 2d, leave and licence.

Re

plication, iffue on the licence. (See the Pleadings, p.
21, 22, &c.)

89. Replication to plea to declaration for taking plaintiff's
goods in execution, de injuria and new affignment,
that there was no judgment to warrant the writ, &c.
Plea to new affignment, fetting out the record, &c.
Replication to plea to new affignment. (See Declara-
tion and Pleadings, p. 87.)

95.

92.

100. Replication and new affignment to plea to declaration for entering houfe, making a noife, &c.; that defendant entered at other times and with more force than was neceffary. To zd plea, de injuria, &c. Plea to new

aff gu