ASCHCOMB versus the hundred OF elthorn hill W m Carthew this be a action upon  the statute of hue and cry Edward and the case appear to be thus the plaintiff  have send his servant to Smithfield market with fat cattle he sell they for l  and deliver the great part of the money to a Quaker who travel with he towards  home and they be both rob within this hundred of the whole l and now the  plaintiff who money it be bring this action but the servant only make oath of  the robbery the Quaker refuse the question be whether it be sufficient for the  master to maintain his action it be resolve by holt c j and the court that the  master may sue for the robbery of his servant and the oath of the servant be  sufficient also that the servant may sue for he have the possession and if a  servant be rob in the presence of his master the master must sue the hundred  and the oath of the master shall suffice but if the servant be rob out of the  master presence holt KB then the servant holt KB er p must swear and here as  to the Quaker that refuse to take the oath the hundred be not liable for the  statute of Elizabeth be make in favour of hundred who be oppress by pretend  robbery to prevent combination between robber and the party rob therefore as  to that money judgement be give for the defendant holt c j declare that the  servant in this case who deliver the money to the Quaker and be present at the  robbery may well maintain the action in his own name for all the money and  that his own oath will be sufficient and he may declare upon the take from the  Quaker as his servant who in truth be so for the time and this advice be  follow in another action bring against the hundred and the chief justice  mention a case then late try before he of one bird who be a laceman that in  come to London out of Devonshire with his servant they leave the usual great  road between Brentford and Hammersmith and road through a bylane near sergeant  maynard house to avoid the dust and there the servant be rob in the presence  of his master of a box of lace that be behind he on the horse back to the  value of and the master alone make oath of the robbery and bring the action  and it be the opinion of the court that the oath by the master be sufficient  because he be present the good be in his possession for the possession of the  servant in the master presence be the possession of the master whereupon bird  recover a thousand pound and have execution