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That on, &c. one M. P. late of, &c. in due form of law, did For rescuing goods take and distrain one walnut tree chest of drawers, and one fea- distrained ther bed of the value of forty shillings, of the goods and chattels for rent. (a) of one A. H. widow, then being in a certain room in and parcel of the dwelling house of the said M. P. situate in, &c. aforesaid, which same distress was taken by him the said M. P. for the sum of three pounds, and ten shillings, being then due for rent, for one whole year, in arrear from the said A. H. to him the said M. P. for the lodging aforesaid; and that the said M. P. the said goods and chattels then and there had, and detained in his custody for the cause aforesaid. And the jurors, &c. do further present, that A. W. late of, &c. afterwards to wit, on the said, &c. with force and arms, at, &c. aforesaid, the said goods and chattels, so as aforesaid by the said M. P. taken and distrained, and in the custody of him the said M. P. then and there being from and out of the custody, and against the will of him the said M. P. then and there unlawfully, and injuriously did rescue, take, and carry away, (the said sum of three pounds and ten shillings, for the said rent in arrear, as aforesaid due, nor any part thereof being then paid,) and other wrongs to the said M. P. then and there did, to the great damage of the said M. P. and against the peace, &c.

That on, &c. and continually, afterwards, until, &c. one J. D. For asdid hold of one J. M. a certain lodging room, being part and par bailiff, and saulting cel of a certain messuage, situate, &c. by demise from the said rescuing J. M. at, and under the rent of, &c. by the year, payable quarter-trained for goods disly; and that on the said, &c. the sum of, &c. for one year's rent of rent of a lodger. (b the said room, ending on the said, &c. became and was due, and in arrear from the said J. D. to the said J. M. whereupon, on, &c. at, &c. aforesaid, the said J. M. in due form of law, did take, seize, and distrain divers goods and chattels of the said J. D. hereinafter specified, and set forth, to the value of, &c. for the said sum of, &c. for rent as aforesaid, so as aforesaid due, and in arrear, and that one A. B. was by the said J. M. on the said, &c. at, &c. aforesaid, put in possession of the said goods and chattels, which said goods and chattels so as aforesaid taken, seized, and distrained, were as follows, to wit, [here set out the goods.] And the jurors,

(a) See other precedents, Cro. C. C. 7 Ed. 409, 66. Stark. 617, 390. As to an indictment for offences of this nature, see post 204*. n. d.

(b) See precedent, 4 Wentw. 314. and supra note (a.) Quære this precedent.

&c. do further present, that one J. C. late of, &c. aforesaid, to[*202] gether with divers other malefactors,* to the jurors aforesaid as

Second count.

cue of cat

yet unknown, on, &c. with force and arms, &c. at, &c. aforesaid, in and upon the said A. B. in the peace of God and our said lord the king, then and there being, did make an assault, and the said goods and chattels, so as aforesaid, for the cause aforesaid taken, seized, and distrained, and then and there being in the custody and possession of the said A. B. from and out of the custody and possession, and against the will of the said A. B. unlawfully, and injuriously did rescue, and the said A. B. from and out of the custody and possession of the said goods and chattels, then and there with force and arms, at, &c. aforesaid, unlawfully, unjustly, and against the will of the said A. B. did force and drive away (the said sum of, &c. so due for rent as aforesaid, or any part thereof, not being then paid or satisfied to the said J. M.) and other wrongs, to the said J. M. and A. B. then and there did to the great damage of the said J. M. and A. B. and against the peace, &c. That the said J. C. together with divers malefactors to the jurors aforesaid as yet unknown, on the said, &c. with force and arms, at, &c. aforesaid in and upon the said A. B. in the peace of God and our said lord the king, then and there being, did make an assault, and of the goods and chattels of the said J. D. then lately, before to wit, on the same day and year above mentioned, duly and lawfully taken, seized, and distrained by the said J. M. for the sum of forty shillings, then due from the said J. D. to the said J. M. for rent in arrear (the same goods and chattels then being in the custody and possession of the said A. B.) from and out of the possession, and against the will of the said A. B. then and there with force and arms unlawfully and injuriously did rescue, and the said A. B. from and out of the custody and possession of the said goods and chattels, then and there, with force and arms, at the parish aforesaid, in the county aforesaid, unlawfully, injuriously, and against the will of the said A. B. did force and drive away the sum of forty shillings, so due for rent as aforesaid, or any part thereof, not being then paid and satisfied, to the said J. A. to the great damage of the said J. M. and against the peace, &c.

[*203] * That T. K. on, &c. at, &c. had taken and distrained a certain For a res- gelding, then being in a certain close of the said T. K. called, &c. tle taken situate, lying, and being in, &c. feeding, and depasturing upon damage the grass there then growing, and doing damage there to the said

before

they were

*T. K. and was then and there about to impound the said gelding, feasant, as for, and in the name of, a distress for the said damage, so there done and doing to him the said T. K. according to the law and impounded.(c) custom of this realm. And the jurors, &c. do further present, [*204] that W. H. late of, &c. inn-keeper, then and there, and whilst the said T. K. was so about to impound the said gelding as aforesaid, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, did unlawfully rescue the said gelding from and out of the custody of the said T. K. and did then and there unlawfully take, lead, and drive away the same, to the great damage of the said T. K. in contempt, &c. to the evil and pernicious example, &c. and against the peace, &c.

out of a

taken as a

distress

feasant.

(d)

That on, &c. at, &c. one J. C. took and distrained one mare, For rescuand two colts of the cattle of one J. S. late of the parish afore- ing cattle said, yeoman, of the price of twenty pounds, in and upon a cer- pound, tain close or parcel of land, of him the said J. C. called, &c. situate and being at, &c. aforesaid, wrongfully feeding and depas- damage turing upon the grass, growing in and upon the said close and parcel of land, and doing damage to him the said J. C. there as a distress for the damage, then and there done and doing by the said cattle, and the said mare and colts so taken and distrained as aforesaid, he the said J. C. on the same day and year aforesaid, at, &c. aforesaid, in the common pound of the hundred of B. in the said parish called B. pound, impounded and kept, and detained the same in the said common pound there as a distress for the cause aforesaid. And the jurors, &c. do further present, that the said mare and colts being so impounded and remaining in the said common pound, there as a distress for the cause aforesaid, the said J. S. on, &c. aforesaid, with force and arms, at, &c. aforesaid, the said common pound broke and entered, and the said mare and colts from and out of the same, without the licence and against the will of the said J. C. and without any satisfaction having been

(c) See note to the following precedent.

(d) See other precedents, Cro. C. C. 8 Ed. 210. Cro. C. A. 299. 4 Wentw. 314. It has been doubted whether pound-breach, unaccompanied by a breach of the peace, is an indictable offence, or only a ground for a civil action, 4 Leon. 12. And it is certain that, in general, no in

dictment can be sustained for a mere
trespass committed without vio-
lence, 3 Burr. 1701, 1731. But
pound-breach is an injury and insult
to public justice, and as such seems
to be indictable at common law.
Hawk. b. 2. c. 21. s. 20. Id. c. 10.
s. 56. Fitz. N. B. 102. Com. Dig.
Rescous, D. 3. Cro. C. A. 299. Cro.
C. C. 665.7 Ed.

*

made to the said J. C. for the said damage done by the said mare [205] and colts as aforesaid, unlawfully did rescue, take, lead, and drive away, in contempt, &c. to the evil example, &c. and against the peace, &c.

For break. That heretofore to wit, on, &c. at, &c. one W. S. as the bailiff ing a pound and of one W. K. and by his command, in due form of law, took, and letting out distrained one mare, the property of one T. B. late of, &c. aforea mare.(e) said, higler, of the value of 201. in and upon a certain close of him the said W. K. situate and being, in, &c. aforesaid, and there wrongfully, and unlawfully feeding, and depasturing upon the grass and herbage of the said W. K. then growing and being in and upon the said close, and doing damage there to him the said W. K. as a distress for the damage, so then and there done, and doing by the said mare, and the said mare so taken and distrained as aforesaid, he the said W. S. as such bailiff of the said W. K. and by his command on the, &c. aforesaid, in, &c. aforesaid, in a certain common and open pound of and within the said parish impounded, and the same mare was then and there duly and lawfully secured and kept and detained in the said common pound there by W. K. then and there being the lawful keeper of the said pound, as a distress, for the cause aforesaid. And the jurors, &c. do further present, that the said mare being so impounded, and remaining in the said common pound there as a distress for the cause aforesaid, the said T. B. afterwards to wit, on the said, &c: with force and arms, at, &c. aforesaid, the said common pound broke and entered, and the said mare from and out of the same, without the licence or consent, and against the will of the said W. K. or of the said W. S. or of the said W. M. without any satisfaction having been made to the said W. K. for the said damage done by the said mare as aforesaid, unlawfully did rescue, take, lead, and drive away to the great damage of the said W. K. in contempt, &c. and to the great hindrance of public justice, to the evil example, &c. and against the peace, &c. And the jurors, aforesaid, upon their oath, aforesaid, do further present, that heretofore to wit, on, &c. aforesaid, at, &c. aforesaid, when the said W. K. had then and there taken and distrained a certain other marc in a certain close, situate in, &c. aforesaid, treading down, trampling upon, consuming and spoiling the grass growing in the

Second count.

(e) See note to precedent, ante 204".

said close, and doing damage therein to the said W. K. and had impounded the said mare in a certain common and open pound in the parish of Headley, aforesaid, as a distress for the said damage, according to the laws and customs of England, he the said T. B. with force and arms, &c. afterwards to wit, on, &c. aforesaid, broke and entered the said lastmentioned pound, and * rescued and took [*206] away from and out of the said lastmentioned pound the said lastmentioned mare so impounded therein as aforesaid, to the great damage of the said W. K. in contempt, &c. and against the peace, &c. * [Commencement as ante, 6.] That heretofore, to wit, on, [*208] Informa&c. a special session of oyer and terminer and gaol delivery, was tion for a holden by adjournment in and for the county of Kent at Maid- riot, asstone in the said county, before Sir F. B. bart. one of the justices striking of our said lord the king of his court of common pleas, * J. H. esq. one other of the justices of our said lord the king of his court of common pleas, sir S. L., knight, one of the justices of our lord ing of a the king assigned to hold pleas before the king himself; S. S., commis

(f) See other precedents, 4 Ersk. Spec. 432. 1 East, P. C. 408, 410. As to the offence, see in general Hawk. b. 2. c. 21. 4 Bla. Com. 124. 1 East, P. C. 408 to 410. and see precedents for slander of justices, &c. in execution of their office, post, title Libels. By the ancient common law, striking in the courts of superior jurisdiction, or drawing a sword therein was a capital felony; at the present day, it is punishable with the loss of the right hand, imprison. ment for life, and the forfeiture of goods and chattels as well as the profits of lands during life, Hawk. b. 2. c. 21. s. 3. 4 Bla. Com. 125. This punishment is in pursuance of the common law; for it is doubtful whether 33 Hen. VIII. c. 12. s. 7. respecting striking within royal palaces extends to any place where the king is not actually resident, Hawk. b. 2. c. 21. s. 2. The infliction of the severe and barbarous punishment of amputating the hand has very rarely been inflicted; not more than ten cases, at the utmost, occurring in our history, 11 Harg. St. Tr. 16. There is a very curious account given in the St. Tr. (11 Harg. Ed. 16.) of the various ceremonies attendant on its execution. It was in

33 Hen. VIII. A. D. 1541. Sir Ed.
mund Knevet being sentenced to
undergo this penalty, is there re-
corded to have requested that his
left instead of his right hand might
be taken, so that he might still be
able to do his majesty service; on the
report of which magnanimous re-
quest to the king, the whole sen-
tence was forgiven. In the case of
the above information against Lord
Thanet and Mr. Fergusson, it was
thought by Lord Kenyon that judg
ment for the amputation must be
awarded, and it was respited in or
der that this point might be de-
cided; but, before the defendants
were again brought up to receive
sentence, the attorney general sta-
ted that he had received his majes
ty's royal commands and warrant
concerning the prisoners, and the
aforesaid misdemeanour, &c. under
the sign manual; whereon his ma-
jesty discharged them from such
parts of the information on which
any doubt had arisen or might arise
whether the judgment thereon were
discretionary in the court, and au-
thorised the attorney general to
enter a nolle prosequi on such parts,
and pray judgment only on such
charges as left the punishment in

sault, and

in open

court, on

the hold

special

sion.(f) [*209]

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