Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...

VVebb and VVashborn.

Mich. 1652. Banc sup.

VVEbb brought an Action of Trespass for entring into his house and taking away divers goods against Washborn,* 1.1 and obtains a Ver∣dict against him. It was moved in Arrest of judgement, and these Excep∣tions taken to the Declaration, First, That the Plaintif had declared for the taking away of a Trunk with writings, and doth not shew what the writings were. To this Wadham Windham answered, that the Declata∣tion was good notwithstanding, and cited a Case adjudged, where an A∣ction was brought for taking away of two Trunks with Cloaths, and it was not said what Cloaths, and yet held good: And a Case in 43 Ed. 3. 24. Another Exception was taken, That the Plaintif declared for the taking away of a great Beam, Scales and weights generally, and shews not what weights. To this Windham answered, that was well enough, be∣cause the Beam and the Scales and Weights do all go to the making up of one and the same thing, and have all a relation one to the other, as an Acti∣on of Trespass brought for the taking away de Caruca cum apparatu is well brought, as appears in the old Book of Entries. Latch on the other side said, that the Declaration is uncertain, and that it is not like the case of the Trespass de Caruca cum apparatu, for the Weights are nothing tend∣ing to make the Beam perfect, and it is as incertain as to bring an Action

for the taking away of five locks and keys, which hath been held to be naught. Hales on the other side said, that there is certainty enough, because it is all one to say a Beam with Scales and Weights, which makes all but one thing, as to say a Beam, Scales and Weights, or as to say a Ship with Anchors and Cables. Roll chief Iustice, How can we reduce the Weights to any certainty as the Declaration is laid?* 1.2 and if the Declara∣tion had not been with the word and, it would not have helped it, for it may be there were a hundred weights, or a thousand weights, And there∣fore let the Iudgement be arrested n••si. Another Action of Trespass was brought by the same party,* 1.3 wherein he declared for the taking away of two great Trunks locked, full of Linnen, Woollen, Pewter, & amongst other things, for 4 pair of hangings, against which also, exception was taken in Ar∣rest of Iudgement for the incertainty. Roll chief Iustice, I conceive that four pair of hangings is certain enough, but here is no vi et armis mentioned, in the Declaration, which ought to be in an Action of Trespass for entring into his house, and taking his goods, as the case here is, and therefore for this cause let the Plaintif shew cause why a nil capiat per billam shall not be entred against him. Postea.

It was said by Roll chief Iustice, That if one find my goods,* 1.4 and re∣fuse to deliver them to me, an Action upon the case lies against him, al∣though he convert them not to his own use.

Notes

• * 1.1

  Arrest of Iudgement in Trespass.
• * 1.2

  Incertainty.
• * 1.3

  Declaration.
• * 1.4

  Action on the Case for goods found.