ASHCOMB versus the hundred OF elthorn hill will mark b r rot Mod SC salk SC  show SC where a servant be rob and not in the presence of his master the  servant may bring the action upon the statute but if in the presence of his  master then the master may bring the action stat of Winton Edward c and  Elizabeth c hale S p c Inst Dalton c stand p c and side side   salk sander  this be a action upon the statute of hue and cry and upon a special verdict  find the case appear to be thus the plaintiff send t S his servant to  Smithfield market with fat cattle where be sell they for and seal up in four  bag and deliver they to I n a Quaker who travel with he towards home and they  be both rob within this hundred videlicet the Quaker be rob of and the servant  of S and now the plaintiff who money it be bring this action for l that t S  the servant only make oath of the robbery within twenty day c accord to the  statute but that the Quaker have not make any oath c the question be whether  this oath make by the servant alone without the oath of the Quaker who refuse  Carthew to swear be sufficient for the master to maintain this action upon the  Elizabeth cap statute c and in Michaelmasterm follow it be adjudge by the  whole court for the plaintiff as to the S take from t S his servant but  against he as to the take from the Quaker who will not swear the court be of  opinion that the statute aforesaid which enjoin the oath be make mere for the  benefit of the hundred who be oppress by pretend robbery and therefore the  court will not depart from the express word of that statute notam on the back  side of the distringa the entry of the verdict as to the damage be entire  videlicet pro financial loss but it be order that the judgement shall be enter  with several damage for that the Ch justice who try the cause direct it shall  be so at the trial and that the associate be mistake by enter it in that  manner and holt Ch justice declare that t S the servant who deliver the to the  Quaker and be present at the robbery may well maintain the action in his  Carthew er p own name for all the money and that his own oath will be  sufficient and that he may declare upon the take away the money from the  Quaker as his servant who in truth be so for this time notam this advice of  the Ch just be observe in another action bring for the take from the Quaker  and in the argue of the case aforesaid one Jones S case be cite which be  adjudge in b r in Michaelmasterm which be thus sacred scripture Jones and his  wife and servant travel together be all rob of his money and Jones alone bring  the action for the whole money against the hundred as well for what be take  from his wife and servant as from his own person and be alone without his wife  or servant make oath of the robbery all which matter be find on a special  verdict it be adjudge that his oath alone be sufficient within the intent of  the statute and although it be far find that the servant of Jones who be rob  with his master know one of the robber who name be lenoe yet Jones have his  judgement quod notam and holt Ch justice remember another case try before he  at the sit in Westminster after last Carthew Easterbetween bird and the  hundred of Ossulstone where the evidence be thus sacred scripture that bird be  a laceman of Colliton in Devonshire and come to London with his servant they  leave the usual great road between Brentford and Hammersmith and road through  a bylane near sergeant Maynard S house to avoid the dust and in that lane the  servant be rob in the presence of his master of a box of lace which be behind  he on the back of the horse to the value of and bird the master alone make  oath of the robbery and bring the action and he the chief justice be of  opinion that the oath by the master alone be sufficient because he the master  be present the good be in his possession for the possession of the servant in  the presence of his master be his the master possession and that be the reason  of Jones S case above and bird recover a thousand pound and have execution