Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

CHAP. 6.

Of Trespasses in goods.

SVch is the nature of an offence with∣out force.

An offence with force is a Trespas (or offence) against the Crowne. For in all Inditements and Inquisitions, * 1.1 of treason, murder, felonie, trespasse, &c. vi & armis must be in, else it is not good.

Trespasse is a criminal offence punish∣able by a fine vnto the King. So is euerie contempt punishable: and for this reason no action of Trespasse lieth for the Lessee for yeres, against the Lessor, (though he di∣streyne without cause) for that the Statute of Marlebridge, cap. 4, is, That he shall not be punished by fine and ransome; which if he be attainted in this action, he must needs be, and for this the partie must be impriso∣ned till he doe compound. Therefore after tender of his fine, the king cannot iustly de∣taine him in prison.

Trespasses touch possessions or the per∣son.

Possessions, when the wrong is don in them, namely in goods or land.

Trespasse in goods, is the wrongful ta∣king of them with pretence of title. And therfore altreth the property of those goods. So as one cannot declare in an Action of trespasse, that the defendant took his horse at S. and carried him to D. and there killed him against the peace, &c. For by wrong∣ful taking, the propertie being diuested out of the plaintif, and vested in the defendant, consequently it followeth, that hee cannot kill his owne horse against the peace.

Notes

• * 1.1

  Stat. 37. H. 8. ca. 8. reciteth the Commō law to be so.