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Yet the faid E. although thereto requested, viz. on the aforefaid, hath not rendered

at

day of to the faid H. any reasonable account thereof, but hath altogether refused and still doth refuse to do it.

To the damage, &c.

IV. OF ACTION OF COVENANT BROKEN.

ACTION of covenant broken is brought where a man is bound by covenant in a deed, entered into by two or more peifons to do or not to do fome act or thing agreed betwixt them, when he hath broken the fame.

And is divided into, 1. Covenant perfonal, for doing any thing. 2. Covenant real, concerning lands.

Cf

A Declaration in Covenant broken.

To the fheriff, &c.. ATTACH the goods,

&c. of E. D. &c. to answer to H. B, &c.

In a plea of covenants broken, for that whereas by certain articles of agreement indented and made at

on the

day of

in the faid. county of by and between the faid H, by the name of, &c. of the one part, and the faid E. by the name of E. D. of, &c. of the other part; (which other part of the faid articles, fealed with the feal of the faid E. bearing date the fame day and year above, the faid H. brings here into court) it was concluded and agreed between the faid H. and E. their executors, adminiftrators and af figns, that, &c. (reciting the articles of the particular clause for payment of money, c. wherein the breach is to be affigned, with the penalty annexed) as by the faid articles of agreement indented, doth more fully appear. And the faid H. in fact faith, that the aforefaid articles of agreement indented were fealed and executed at L. within the town aforefaid, on the day, &c. in the year abovefaid, and that the faid E. neither on the faid day of, &c. in the year, &c. aforefaid, or at any time afterwards hitherto, although thereunto often required by the faid H. hath paid to him the faid H. the faid fum of, &c. in the faid articles of agreement indented, fpecified, &c. and aifo the faid H. in fact further faith, that the faid E. though often required thereto, by the faid H. hath not performed all or any of the articles of agreement or covenants, in the aforefaid indenture contained, which on the part and behalf

of the faid E. ought to be done and performed, according to the form and effect of the faid indenture; but to do or perform the fame hath hitherto refused and still doth refuse.

To the damage, &c.

V. OF ACTION OF TROVER.

ACTION of trover and converfion, is a fpecial action of the cafe, lying where a man having found goods refuseth to deliver them to the owner upon demand. Or if one hath my goods in his poffeffion, by delivery to him, and he fells or ufes them without my cent, this is a conversion for which trover lies; and fo if he doth not actually convert them, but doth not deliver them to me on demand.

A Declaration in Trover.

Cf. To the fheriff, &c. ATTACH the goods, &c. of D. E. to answer to F. G.

In a plea of trefpafs on the cafe, for that whereas the faid F. at in the county aforefaid, on the

day

of was poffeffed of one large filver tankard, marked with the letters, &c. of the price of fix dollars, as of his own proper goods; and being fo thereof poffeffed, the faid A. afterwards, that is to fay, the day, &c. in the year aforefaid, at L. aforefaid, in the county aforefaid, the faid tankard out of his hands and poffeffion did cafually lofe,, and was deprived of the fame, which faid tankard, afterwards, that is to fay, the faid day, &c. in the, &c. at L. aforefaid, in the county aforefaid, by finding, came to the hands and poffeffion of the faid D. Nevertheless the faid D. knowing the faid tankard to be the proper ta kard of the faid F. and to him the faid F. of right to belond appertain, contriving and intending craftily and abtiny to deceive and defraud the faid F. in this particular, the tankard aforefaid to the fame F. although thereunto often required, hath not delivered, but the faid tankard afterwards, that is to fay, the day of, &c. in the year aforefaid, at L. aforefaid, in the county aforefaid, the faid D. to his own proper use, did then and there difpofe of and convert.

VI OF ACTION OF SLANDER.

ACTION of flander lieth for defrauding a perfon in his reputation; being no more than an action on the cafe for words, &c. and when words fpoken affect a man's life or

liberty, office, trade, or tend to lofs of preferment in marriage, fervice, &c. or to his difinheritance, or which occafion any particular damage, this action may be brought.

1. A Declaration in Action of Slander for calling a Perfon Rogue, c.

Cff. To the fheriff, &c. ATTACH the goods, &c. of C. D. to aufwer to A. B.

In a plea of trefpafs on the cafe, for that whereas the faid A. is our good, faithful and preft citizen, and hath hitherto from the time of his birt, behaved himfelf as fuch; and for the whole time aforefaid was reckoned, esteemed and reputed of good name, fame and converfation, as well among his neighbours as all our other faithful citizens to whom he was known, always leading an honeft, fincere, and upright life, and obferving inviolably our laws, never committed any fraud, theft or robbery, or any other fuch fort of crimes; but for the whole time of his life, he hath kept and prefer ved himself clear, free, and unfufpected of doing or committing any fuch facts, and from all offences, and by that means he had obtained great credit and the good opinion and favour of divers of our citizens, whereby the faid A. honeftly gained and acquired great gains and profits, towards getting of his diving and the fupport of his family. Yet the aforefaid C.

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not ignorant of the premises, of his malice contriving to impair and injure the name, fame, eftate and reputation of the faid A. and to bring and to draw him the faid A. into miftraft of our citizens, and into the scandal and danger of lofing his life, by our laws against fuch fort of malefactors, and that time fubjects fhould defit from trading and bargaining, or in any manner to deal with the faid A. in his trade aforefaid, and that they fhould efteem him the faid A. a rogue, robber and thief, on the day, &c. in the year, &c. at, &c. aforefaid, in the county aforefaid, falfely, maliciously and openly spoke, uttered, published, and with a loud voice pronounced thefe falfe, feigned and fcandalous English words following, of the faid A. in the prefence and hearing of very many of our citizens being then and there prefent, viz. You (meaning the aforefaid A.) are a rogue and a thief, and I (meaning the faid C.) will prove you (again meaning the faid A.) a rogue and a thief. By pretence of fpeaking, uttering and publishing of which faid falfe, feigned and fcandalous

words, the faid A. is not only greatly fcandalized and damaged in his good name, fame, credit and cfteem aforefaid, among many of our faithful citizens, by whom he was refpected and esteemed, but also he is much injured in exercifing his trade with divers of our citizens with whom the faid A. ufed to deal in buying, felling and lawfully bargaining; and all the neighbours of the aforefaid A. and other fubjects of this ftate, who used to trade and deal with the faid A. from the occafion aforefaid have withdrawn themselves from the company of him the faid A. and yet withdraw themselves, and entirely refufe to trade or deal with the faid A.

To the damage, &c.

2. Another. (For Jaying a Woman keeps a Bawdy Houfe.)

Cff. To the fheriff, &c. ATTACH the goods, &c. of C. D. to answer to A. B. &c.

In a plea of trefpafs on the cafe, for that whereas the said A. now is one of our good, faithful, pious and honest citizens, and hath always behaved, carried and governed herself as a good, faithful, pious and honeft citizen, without any kind of fornication or adultery, or other hurtful crime or infamy, or procuring for another, and free from keeping a bawdy houfe and all fufpicion thereof, &c. Yet the faid C. not ignorant of the premises, but envying the happy ftate and condition of the faid A. and contriving, and malicioufly intending to take away and deprive her of her good name, fame, credit and esteem aforefaid, and to bring upon her publick infamy and reproach, and utterly to overthrow the state of her the faid A. and caufe her to undergo the pains and punishments against perfons that keep bawdy houfes by our laws provided, on the day of in the year in a certain difcourfe that the faid C. then and there had with the faid A. in the prefence and hearing of divers of our citizens, did falfely and malicioufly fpeak, utter, and with a loud voice publish thefe falfe and fcandalous words following, (that is to fay) You, mistress B. (meaning the aforefaid A. B.) keep a bawdy boufe and your daughters are whores; when in fact the aforefaid A. is not, nor was guilty of the fame, or any part thereof. By pretence of the fpeaking and publishing of which faid words, the faid A. is very much hurt and injured in her good name, fame, credit and efteem aforefaid, among many of our citizens, to whom the innocency of the said A.

in this particular is unknown; and the faid citizens upon that account have kept and withdrawn themselves from the fociety of her the faid A. as they before used to do, and thereby the hath totally loft, and is deprived of divers gains and profits, which the could honeftly get, in lawfully ufing and exercifing her business.

To the damage of the said A. &c.

VII. OF ACTION OF TRESPASS, INCLUDING ASSAULT AND BATTERY.

ACTION of trefpafs lies generally for any wrong or damage, which is done with force and arms by one private man to another, fometimes against the perfon of a man, and fometimes against his goods and lands.

An action for a wrong done against the perfon of a man, is commonly called an Action of Affault and Battery, and lies where an injury is done to another in a violent manner; as by ftriking or beating a man, pushing, jostling, filliping upon the nofe, &c. Action of trefpafs against a man's lands or goods may be brought at common law or by stat

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Declaration in Affault and Battery.

To the fheriff, &c. ATTACH the goods,

in the

&c of C. D. &c. to answer to A. B. &c. In a plea of trefpafs, for that he the faid C. on the day of with force and arms, viz. with fwords, ftaves, fifts, and knives, in and upon the said A. at county aforefaid, made an affault, and him the faid A. then and there did beat, wound and evilly treat, fo that his life was greatly defpaired of, and other injuries then and there did to him the faid A. against our peace and

To the damage, &c.

2. Declaration for entering a Man's Houfe, breaking the Door, Windows, &c.

C. To the fheriff. &c. ATTACH the goods, &c. of D. E. &c. to answer to E. F. &c.

In a plea of trespass, for that the faid D. on the day of, &c. with force and arms the house of the faid E. in

in the county aforefaid, broke and entered, and the door of him the faid E. to the value of

W

then and

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