The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

For not doing of a thing which ought to be done by the Law, to the damage of another, concerning Chattels.

A borrowed a Horse of B,* 1.1 which died sudden∣ly without his default, Action lies not, 40 Edw. 3.36. for this is the act of God, and not the faul•• of the borrower.

It lies not against an Attorney that will not do his office unless he be retained,* 1.2 20 Hen. 7.9. for he is but in the nature of a Servant, and is not bound to be retained.

Against a Baily that hath money to bail my At∣torney,* 1.3 and doth it not, 20 Hen. 6.9. B.

Against my Servant, because he pays not mo∣ney for bailing and saving harmless, 20 Hen. 6.9. for I may be damnified thereby.

S being a Dutchman,* 1.4 his Parents being sub∣jects to the King, brought an Action against a Customer for not putting a Cocket upon his Mer∣chandize, and avers that he tender'd the Customes. Coke Ch. Just. said, that insomuch that the Dutch∣men here assembling are not of our Nation, nor free of any company of Merchants, that the A∣ction lies not, Pasch. 14. Jac. Stephens his case.

* 1.5 1. Against a Smith that refuseth to shooe my Horse, 14 Hen. 6.18. Crooke. 18 Hen. 7.50. pl. 4. for this is for the publick good as well as private.

2. But then he ought to have all necessaries, and his wages tendered, 2 Hen. 6.55. Q. for the wages are not due till the work is done.

3. Against a Farrier that applies medicine, and cures not my Horse. But if no default be in him, it lies not, 19 Hen. 6.49. 43 Edw. 3.33. 48

Edw. 3.6. for he doth his best according to his skill.

Against an Innkeeper that will not lodge me,* 1.6 39 Hen. 6.18. Crooke. 18 Hen. 7.50. pl. 4.14. Hen. 7.22. B. Higham, for it is against the good of the weal publick.

* 1.7 1. Against him that will not deliver my Pledge upon tender of the money borrowed, Nat. br. 86. C. Regist. 91. B. Lib. Intra. 8. B. Sect. 1. for the Pledge is judged to be more worth than the Money.

* 1.8 2. Against a Servant that will not do his ser∣vice, 2 Hen. 7.11. B. Q. for the Master is damni∣fied thereby.

For his Wages is certain by the Statute, and he hath his Action to recover it, 3 Hen. 6.36. B. So note, it must be a Covenant-Servant hired accord∣ing to the Statute.

3. Against one that will not serve not having Land, Regist. orig. 101. A. & B. for such are bound by the Law to serve.

4. Against one that will not serve in Summer, Regist. orig. 101. B. In time of Haryest it seems more especially.

Notes

• * 1.1

  Borrowed.
• * 1.2

  Attorney.
• * 1.3

  Bailment.
• * 1.4

  Cocket.
• * 1.5

  Farrier & Smith.
• * 1.6

  Innkeeper.
• * 1.7

  Pledge.
• * 1.8

  Servant.