Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author
About this Item
Title
Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author
Author
Nottingham, Heneage Finch, Earl of, 1621-1682.
Publication
London :: printed by the assignes of Richard and Edward Atkins Esq; for H. Twyford, F. Tyton, J. Bellinger, M. Place, T. Basset, R. Pawlet, S. Heyrick, C. Wilkinson, T. Dring, W. Jacob. C. Harper, J. Leigh, J. Ammery, J. Place, and J. Poole,
1678.
Rights/Permissions
To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
Cite this Item
"Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A52527.0001.001. University of Michigan Library Digital Collections. Accessed May 18, 2024.
Pages
CHAP. VI. Of Trespasses in Goods.
SVch is the nature of an Offence without force.
An offence with force is a trespass, or offence against the Crown. For in all Inditements and Inquisitions, of trea∣son, murder, felony, trespass, &c. vi & armis must be in, else it is not good.
Trespass is a criminal offence punish∣able by a fine unto the King. So is eve∣ry contempt punishable: and for this reason no action of Trespass lieth for the Lesse for years, against the Lessor, (though he distrein without cause) for that the Statute of Marlebridge, c. 4. is, That he shall not be punished by fine and ransom; which, if he be attained in this action, he must need•• be, and for this the party must be imprisoned till he do compound. Therefore after tender af his fine, the King cannot justly detain him in prison:
descriptionPage 199
Trespasses touch possessions or the person. Possessions, when the wrong is done in them, namely in goods or land.
Trespass in goods is the wrongful ta∣king of them with pretence of title. And therefore altereth the property of those goods. So as one cannot declare in an Acti∣on of trespass, that the defendant took his horse at S. and carried him to D. and there killed him against the peace, &c. For by wrongful taking, the property being di∣vested out of the plaintiff, and vested in the defendant, consequently it follow∣eth, that he cannot kill his own horse a∣gainst the peace.
Notes
Stat. 37. H. 8. c. 8. reciteth the Common Law to be so.