Bulstrode wilson plaintiff against dodd defendant trespass for assault wound  take and imprison more Rep Ro Abr in a action of trespass for a assault wound  take and imprison the Oefendant plead quoad the assault and wound non culp  quoad the take Bulstrode er p and the imprisonment be do justify by force of a  warrant he have from the Lord major of London but do not show in his plea any  time when the warrant be make nor yet any place where the same be make be do  justify in this manner quoad deception imprisonamentum but in this his  justification he leaves out the assault to this plea the plaintiff demurrer in  law coke chief justice he do this when he be major and a justice of peace and  he deliver this unto his marshal such a day and at such a time this be good  and sufficient without lie any certain time when this be do but this be good  as it be notwithstanding that no place nor time be show when the precept be  make but that such a day and at such a place the same be deliver to the  officer by virtue of which he do tempore quo take he and imprison he this plea  and justification as to this be good Binge for the plaintiff the warrant here  be his sole justificatiqn and if there be no such warrant then the  justification be not good and therefore this be a very material matter to be  certain show and if a travers shall be take that there be no such warrant if  it be not certain show where the same be make this can be try coke by h where  diverse thing be lie in a declaration in a plea in bar the defendant needs not  make mention of all of they and as for the trial this shall be where the  delivery of the warrant be the warrant be here direct unto the king officer  and Waldron be a officer to the city it be to be consider whether a officer of  the city shall be say to be a officer of the king he shall be say so to be in  ancient time sergeant be call catchpole because they take man by the pole or  head and then all the body follow e cap de Serventibus touch labourer upon  refusal to be set in the stock and so this case be adjourn to be far advice  upon afterward S term pasch James b r this case be move again dodderidge  justice these be several assault here lie S the assault in the wound and the  assault in the take here he have in his plea justify quoad deception  imprisonamentum but in this his justification he have leave out the assault  which be the chief cause of the demurrer and for this defect in his plea the  same be not good but to be discontinue and this appear to be so by  Herlackendens case coke pars fol where t e defendant as to all the trespass  proeter fractionem clausor nec non proater sucisionem quercu non culp quoad  fractionem clausor c ac berboa bring addict c the defendant plead matter in  law by which he entitle himself to the land but in the quoad the trespass as  to the tree be altogether omit and so nothing plead unto this and the demurrer  be join all be discontinue and so be e fol b and h fol b but there that the  matter in law may appear by the assent the plea be amend and the role coke  quoad the take and imprison here be do justify this do not include the assault  Bulstrode dodderidge the action here be for a assault wound take and imprison  by Assisar fol plea a man may assault another although he do not strike he as  there one do with a hatchet out at a window theoffer be in judgement of law a  assault he ought here to have answer unto the assault for he may be find  guilty of the assault only and here the assault in the wound be not the  assault in the take and therefore he ought in this plea to have make answer  unto this coke he ought here to have justify special which he have not here so  do the whole court agree in this that for the omission of the assault in the  take in his justification for this cause the plea be not good but discontinue  and therefore by the rule of the court to begin again Bulstrode er p