assault, and him the said R. T. did then and there beat, bruise, wound, and ill-treat, so that his life was greatly despaired of. (Conclude as in the first count, and add a count for a common assault.)

54. Indictment against J. W. and his wife, for cruelly beating and ill-treating a parish apprentice, and keeping her from necessary food.

(Commencement, as in pr. 33. to the *, stating a joint assault.) In and upon one E. O. then and there being an infant of tender years, that is to say, of the age of thir teen years or thereabouts, and then and there being the servant of the said J. W. did make an assault, and with certain rods, whips, sticks, and cords, which they the said J. W. and H. then and there had and held in their hands, her the said E. O. violently, cruelly, and immoderately did beat, scourge, and strike, and did then and there pull and strip, and did force and compel the said E. O. to pull and strip, from off the body of her the said. E. O. certain cloaths and wearing apparel wherewith the said E. O. was then and there cloathed and covered, so that the said E. O. was then and there naked and. uncovered, and her the said E. O. as well whilst she was so covered and cloathed with the said cloaths and wearing apparel, as whilst she was so naked and uncovered, did cruelly and barbarously force and compel to work and labour violently, immoderately, and beyond her strength, in the business of the said J.W. for the space of thirteen hours then next following, and the said E. O. so working and labouring as aforesaid, did then and there shut up, confine, and keep in a certain room there for all the time aforesaid, without giving or affording to her the said E. O. or permitting her to have sufficient meat, drink, and food, for her nourishment and support during that time; and such assaulting, beating, scourging, striking, and otherwise illtreating her the said E. O. in manner and form aforesaid they the said J. W. and H. at fifty other different times, on fifty other different days then next following, at the parish aforesaid, did barbarously, cruelly, and inhumanly repeat and reiterate, in, upon, towards, and against the said E. O. so being the servant of the said J. W. as aforesaid, with an intent her the said E. O. then and there feloniously, wilfully, and of their malice aforethought, to kill and murder. (Conclusion as in pr. 33.)

(Second count, commencement as in pr. 33.) In and upon the said E. O. then and there being such infant, and the servant of the said J. W. as aforesaid, in the peace of God and our said lord the king then and there also being, did make an assault, and did then and there, by and with divers menaces, barbarously, wickedly, cruelly, and inhumanly force, compel, and oblige the said E. Ö. to go into a certain rivulet there, (she the said E. O. then and there being naked, and the water of the said rivulet then and there being frozen and very cold,) and did cruelly and barbarously force and compel the said E. O. so being naked in the said rivulet, to wash her body in the water of the said rivulet, to the great pain and torture of the said E. O. and to the great damage and impoverishment of her health and strength of body, with an intent, &c. (as in the last count.)

(Third count, commencement as in pr. 33.) In and upon the said E. O. then and there being such infant, and the servant of the said J. W. as aforesaid, and in the peace of God and our said lord the king then and there also being, did make an assault, and did then and there most wickedly, barbarously, and cruelly, take and hold the said E. O. so near to a certain large fire, then burning there, that the said E. O. thereby became and was grievously burut, scorched, and hurt, and did then and there dash, fling, push, and throw the said E. O.with great force and violence, to, upon, and against the ground there, and thereby greatly hurt, crushed, bruised, and wounded the said E. O. in and upon her head, neck, arms, sides, back, and other parts of her body, whereby the said E. O. became sick, weak, languid, and distempered, and remained and continued so sick, weak, languid, and distempered for a long time, to wit, from thence until the day of taking of this inquisition. (Conclusion as in pr. 33.)

55. Indictment for entering a public house, making a noise therein, and threatening bodily harm to the owner.

(Commencement as in pr. 33 to the *.) Unlawfully did enter into the dwelling-house of one R. N. there situate, (the same being a public victualling-house, and in which divers liege subjects of our said lord the king were then and there peaceably met and assembled) with intention to disturb the peace of our said lord the king, and that the said A. B. so being in the said dwelling-house, did then

and there unlawfully, wilfully, injuriously, and obstinately, remain there for a long space of time, that is to say, for the space of one hour and more, without the license and against the will of the said R. N. and did then and there unlawfully, obstinately, and injuriously refuse to depart and go away from and out of the said dwellinghouse, upon the reasonable request of the said R. N. then and there made to him for that purpose; and that the said A. B. did then and there unlawfully, vehemently, and turbulently menace and threaten great bodily hurt to the said R. N. then and there being in his dwellinghouse, and did then and there make a great noise in disturbance of the peace of our said lord the king, and greatly misbehave himself in the same dwelling-house. (Conclusion as in pr. 33, and add a count for a common assault.)

56. Indictment for an assault and riot in a dwelling-house, and removing goods.

(Commencement as in pr. 53, to the *.) To disturb the peace of our said lord the king, and being so assembled and met together, the dwelling-house of one J. P. spinster, there situate, then and there unlawfully, riotously, and routously did break and enter, and in and upon the said J. P. in the said dwelling-house then and there being, unlawfully, riotously, and routously did make an assault, and her the said J. P. then and there unlawfully, riotously, and routously did beat, bruise, wound, and ill-treat, so that her life was greatly despaired of, and did then and there unlawfully, riotously, and routously put and force the said J. P. from and out of the said dwelling-house, and did then and there unlawfully, riotously, and routously put, cast, fling, and throw divers goods and chattels, to wit, six wooden chairs and five pewter plates of her the said J. P. of the value of forty shillings, then being in the said dwelling-house, from and out of the same, and thereby greatly broke, damaged, and spoiled the said goods and chattels; and other wrongs to the said J. P. then and there unlawfully, riotously, and routously did, to the great damage of the said J. P. against the peace, &c. (Add a count for a common assault.)

57. For an assault on a deputy goaler, in the execution of his office.

That A. B. late of the castle of Lancaster, in the county of Lancaster, labourer, on with force and arms, at the castle of Lancaster, at Lancaster aforesaid, in the said county, in and upon one J. C. then and there being deputy keeper of his majesty's gaol of the castle of Lancaster, and having the custody of divers persons confined in the said gaol, and then and there being in the due execution of his said duty and office of deputy keeper as aforesaid, did make an assault, and him the said J. C. did beat, bruise, wound, and illtreat, so that his life then and there was greatly despaired of, and other wrongs to the said J. C. then and there did, to the great damage of the said J. C. and against the peace, &c.

58. For an assault on an excise officer (o).

(Commence as in pr. 33. to the *.) In and upon one C. D. then and there being an officer of our lord the king, in the service of the excise of our said lord the king, duly constituted and appointed, and then and there being on shore in the due execution of his office and duty as such officer as aforesaid, in seizing and securing, to and for the use of our said lord the king, a large quantity, to wit, (set out the goods) which were then and there liable to be seized by the said C. D. as such officer as aforesaid, unlawfully and violently did make an assault, and him the said C. D. so being then and there on shore, in the due execution of his said office and duty, in manner aforesaid, unlawfully and forcibly did hinder, oppose, and obstruct, to wit, at, &c. and other wrongs, &c. to the great damage, &c. against the form of the statute, &c. and against the peace, &c.

(0) R. v. Brady, Leach, 949. on the stat. 24 G. 3. c. 47. s. 15. In this case it was holden, that the statute extends to ex

cise officers, as well as to custom-house officers and officers of the navy.

59. Indictment for an assault, false imprisonment, and

rescue.

That the mayor and senior bailiff of the town and county of the town of Poole, the judges of the weekly court of record, of the said town and county, on, &c. at, &c. by their writ issued out of the said court, bearing date, &c. directed to W. C. and J. Brown, serjeants at mace of the said town and county (p), did command them to take B. W. if he should be found in their bailiwick, and keep him safely, &c. so that they might have his body before the mayor, &c. on, &c. to answer J. S. in a plea of trespass on the case, which same writ, on, &c. at, &c. within the jurisdiction of the said court, was delivered to the said J. Brown, one of the serjeants at mace of the said town and county, to be executed (p) in due form of law; by virtue of which said writ, the said J. B. afterwards, &c. on, &c. at, &c. at the town and county aforesaid, and within the jurisdiction of the court aforesaid, was proceeding to arrest the said B. W. according to the exigency of the said writ; and that the said B. W. (the defendant) late of, &c. labourer, with others unknown, afterwards, to wit, on, &c. with force and arms, in the town and county aforesaid, and within the jurisdiction of the said court, in and upon the said J. B. then and there being one of the serjeants at mace aforesaid, and in the due execution of his said office, did make an assault, and also imprison him; and that the said A. B. and the said others unknown, with force and arms,

(p) This indictment was holden to be defective, for not averring that J. B. was the proper officer of the court. 5 East, 304. R. v. Osmer. It was also objected, that it did not appear that an affidavit had been made of a debt to the amount of 10%.; and that the sum sworn to was indorsed upon the writ, which is rendered necessary by the stat. 12

G. 1. c. 29. and 19 G. 3. c. 20. And the court held, that judgmeut could not be given as for a common assault and imprisonment upon a general verdict of guilty; for taking the whole count together, the jury had found that there was an assault and imprisonment, but committed under circumstances which justified the defendant.