Ob.
The Record of 14 R. 2. Ro. 60. Levers Case in the Kings Bench, in an Action of Tre∣spass, for taking away his goods without his consent, had Judgment to recover in Durham; but the Case was this, one Lever of the Town of Durham brought his Action against another, for entring into his House, and taking away his Goods, and 60 l. of Money; the Defendant pleaded not guilty, and the Jury found upon a Special Verdict, that the Defendant took away his Money but upon this occasion; the Scots had invaded the Realm, and were in Durham, and would not be gone without a certain sum of Mo∣ney; whereupon the Inhabitants assembled, and amongst the rest the Plaintiff was one, and they made an Order to abide the Ordinance of the greater part, which was to give the Scots the Mo∣ney desired; and because the Money was to be paid present down, therefore they made another Order to search in all mens houses, and to take away what Money they found, according to which the Defendant searched the Plaintiffs house, and took away 60 l. and because it was without consent, the Plaintiff had Judgment to recover in Durham; but upon Special Verdict it was reversed in the Kings Bench, because with his consent: Indeed the reasons were, because he had sufficient remedy against the Commonalty. 2. He did it as a servant.