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 ...

About this Item

Title
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 ...
Author
England and Wales. Court of King's Bench.
Publication
London :: Printed by F.L. for W. Lee, D. Pakeman, G. Bedel, and C. Adams,
1658.
Rights/Permissions

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.

Subject terms
Law reports, digests, etc. -- England.
Link to this Item
http://name.umdl.umich.edu/A61918.0001.001
Cite this Item
"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 ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A61918.0001.001. University of Michigan Library Digital Collections. Accessed June 2, 2024.

Pages

Norton and Jason.

Mich. 1653. Banc. sup.

Trin. 1651. rot. 935.

IN an Action upon the Case for entring into the Plaintifs house,* 1.1 and ma∣king an assault upon his Daughter, and getting a Bastard Child upon her, the Iury found a special verdict, upon which the Case was this. Nor∣ton sojourned in the house of Jason, and during his sojourning there he got his Daughter with Child; Four years after Ison brought an action up∣on the Case against Norton for assaulting his Daughter, and getting her with Child, per quod servitium amisit. The question here was, whether because no Action was brought by the Daughter for the wrong done to her within four years, and thereby she was barred by the Statute of limitati∣ons of Ations to bring her Action, Iason the Father might now bring his Action upon the Case for the damage done to him by the loss of his Daugh∣ters service, or should be also barred by the Statute. Powis argued, that he was not barred though the Daughter was, because in many cases the Law gives two Actions for one thing, and cited 19 H. 6.45, 46. a. and Hill. 1649. Norburies case adjudged in this Court, and said, that though the Trespas and the Assault was done to the Daughter, yet here is a per quod servitium amisit declared of, which doth belong to Iason the Father. Roll chief Iustice, This Action is an Action brought for the damage done to the Master, and though the servant will release the battery, yet the Master may have an A Aion for the damage caused to him by the Battery, and although the Daughter cannot have an Action, her Father may, al∣though not for entring into his house, because it was with his leave, nor for assaulting his Daughter, and getting her with child, because this is a wrong particularly done to her, yet for the loss of her service caused by this, he may have an Action, but it is a pretty case, and fit to be argued, there∣fore bring us books, and we will advise upon it. At another day the case was again spoken unto by Baldwin of the Inner Temple on the Defen∣dants part, and he made the question to be, whether this be an Action of Trespass vi et armis, or an Action upon the Case which is here brought, and he argued that it is a Trespasse vi et armis, and not an Action upon the Case which is here brought,* 1.2 and cited Nat. Brev. 86. & 17 Ed. 3. and 12 H. 4. and the 9 Rep. the Earl of Shrewsbury case, and said, that the matter here alleged is not Causa causans, but Causa causata, and he agreed that one may be lyable to divers Actions for one Trespass in divers re∣spects, but here all the matter is jumbled together, and it cannot be an A∣ction upon the Case, for the judgement ought to be quod defendens capia∣tur, which is the Iudgement in a Trespass vi et armis, and not in a Trespass upon the Case, Hob. Rep. Wheatly and Stones Case, And although the Action conclude with a per quod servitium amisit, yet it sounds more in Trespass than to be an Action upon the case and then he is barred by the Sta∣tute of limitations, for not bringing it within 4 years, and here are ntire damages also given for all, which ought not to be, for the Defendant was a sojourner in the Plaintifs house, and had licence to enter into it, & by consequence is is not guilty of the vi et armis declared, of Hob. Andrews and

Page 399

de la hope, 22 Eliz. Dyer 369. 20 Iac. Rhetorick and Chapels Case, and therefore no dammages ought to have been given for the domum fregit, be∣cause he entred with License. Roll chief Iustice. It may be the entire dammages are given by the Iury, for the trespasse, of which they make doubt and refer to the judgement of the Court, and not for the entring with License: but if the entire special matter had been found and left to the Court, it had been otherwise. But if they had not made a doubt, they might have found him culpable,* 1.3 and so I doubt that it is not good to find the dammages entire, because as to the Trespass for entring vi & armis he is not guilty. But for the other point the cause of action is per quod servi∣tium amisit, and for this he hath brought it within the time limited by the Statute, for it is an Action upon the Case, although the causa causans is the vi & armis which is but inducement to the Action, and the causa causats, viz. the loss of the service is the ground of the Action. Hales è contra said, that the dammages shall be applyed to the other matter. Roll chief Iustice, this is the sole Question, whether the dammages refer to all the Trespass or not, and upon reading the Record he said, that it referred to all,* 1.4 and so is not good. The rule was to shew cause why a new Venire should not issue forth to try the matter de novo.

Notes

Do you have questions about this content? Need to report a problem? Please contact us.