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 doing of wrong to the damage of another touch∣ing his body.

* 1.1For lying in wait to kill me or take me as his Villain, so that I dare not go about my business, 2 Edw. 4.5. 17 Edw. 4.4. Regist. orig. 101, 102.

Crooke 13 Hen. 7.26, 27. 2 Hen. 7.12. pl. 15. Coke 4. part. 18. A. case 14. for the Law highly prizeth life and liberty.

Note, Actio quod metus causa fuit, datur ei qui probabili metu rem suam tradidit, vendidit vel pro∣misit, versus cum qui metum intulit, & dicitur me∣tus probabilis qui in virum constantem cadere possit, & non in hominem meticulosum, Bracton, lib. 3. cap. 4. fol. 103. B. It must be sure grounded on a reasonable cause of fear.

1. For arresting me in the name of B,* 1.2 without his consent, 7 Hen. 6 43. pl. 19. for it may be he would not have arrested me, though he had cause.

2. For arresting me without cause, 8 Edw. 4.13.

But this ought to be by collusion to vex me, 43 Edw. 3.20. for if there be probabilis causa it lies not, for one may be deceived in the Law.

3. For arresting me to appear in the Marshal∣sey, where I was not sued, 3 Hen. 6. estoppel 18. 10 Hen. 6.13. 7 Hen. 6.30. for this is vexa∣tious.

4. For arresting me in London, knowing I was priviledged in Bank, 7 Hen. 6.45. for I am de∣barr'd of my priviledge, and put to more trouble.

5. Against a Sheriff for returning me nibil where I had lands, by which I was taken per Capias, Nat. br. 93. b. 31 Edw. 3. Process 55. for his false return to my prejudice.

For arresting me and bringing me before a Ju∣stice, where I was indicted and acquitted, and this is good cause of Action although the time of the arrest is not shewed, because of the vexation, Trin. 7 Jac. Ban. Regis, Olivers case, which is the

cause of the Action, and the time is not mate∣rial.

If one exhibit Articles to a Justice of Peace a∣gainst B,* 1.3 to have him bound to his good Behavi∣our, no Action lies for this, because it is in course of Justice, Coke 4. part. 14. B. But quaere if the Articles be false.

For putting Irons and putting in the Stocks,* 1.4 and giving little sustenance to one committed for Debt, or Arrearages in Account, Nat. br. 83 H. for the Law warrants it not, and the Law hates cru∣elty.

For procuring another to be indicted without cause,* 1.5 Nat. br. 114. D. 116. A. viz. probable cause.

For procuring B to be indicted for a common Barector, and he is acquitted secundum Leges An∣gliae, 1. good, although that the Count was not, that he was lawfully acquitted, for it is so implied; 2. he ought to have Counted quod inde acquieta∣tus fuit, or words that do amount to so much, Mich. 7 Jac. Ban. Regis, Rott. 407. Bell versus Gam∣ble; for else there appears no cause of Action.

For threatning by word or writing to beat me,* 1.6 if I come out of my house, 17 Edw. 3.4. vide Bracton, lib. 3. cap. 4. fol. 1.13. B. for I am thereby hindered in my occasions, and so damnified.

For threatning another of life and member, 10 Edw. 4 6. the Writ and Count, Lib. Intra. 661. B. sect. 1, 2. for he thereby goes in fear, and so the Peace is disturbed.

For putting poyson in my meat,* 1.7 Regist. orig. 102. A. wittingly, to the hazard of my life or health.

Against a Chirurgion that impairs the body by his Medicine, 21 Hen. 6.55. 11 Rich. 2. Action upon the case 37. For it is either a misfeasance of ignorance or of malice, both which are punisha∣ble on those that undertake a trust and skill.

Notes

• * 1.1

  Lying in wait.
• * 1.2

  Arrest.
• * 1.3

  Articles.
• * 1.4

  Goaler.
• * 1.5

  Indict∣ment.
• * 1.6

  Menace.
• * 1.7

  Poy••••••▪