Andrews web against turner trespass for beat wound and imprison the plaintiff  for a long time sure for week then next follow which extend beyond the time of  bring the action after verdict and entire damage the court refuse to arrest  the judgement SC stram Andrews er p extend far beyond the time of bring the  action and entire damage be here give which be certain wrong and it be now  argue by sir Thomas Abney Mr marsh and other in support of the motion that  though general what be lie under a scilicet be not material but be only by way  of aggravation of damage yet here it be a substantial part of the charge and  the jury be oblige to give damage secundum allegation of the plaintiff as  therefore in personal action the plaintiff can recover any damage incur pen  the suit this declaration be erroneous hob cro in pl sand vent Carth salk SC  Mod as to the case in hob which seem to the contrary there the proceed be by  original and many action be bring in c b without any original lev the testae  do not appear upon the record which be the true reason of the judgement beside  the reason mention in the book that the videlicet be unnecessary do not bold  good in the present case for here the time be a Andrews material part of the  declaration without which it will be ill on demurrer for incertainty and it be  not to be suppose the jury reject it they be laygents and not conusant of its  be immaterial in case it be so on the other side it be argue by solicitor  general strange and other that the present objection be not warrant by or  arise from the record for it be lie in the declaration that on such a day the  defendant assault and then and there beat wound and imprison the plaintiff for  a long time scilicet c the day first mention extend only to the assault and  not to the imprisonment which may have be before send non allocatur for as lee  c j say this clause must be take as one entire sentence contain the whole  charge and the imprisonment necessary refer to the same time when the assault  be make it be answer that the continuance of the imprisonment be only by way  of aggravation of damage and be not so material a part that the jury must  necessary be suppose to have give any damage by reason thereof the  imprisonment itself be the cause of action and sufficient to warrant the jury  though it be for ever so short a time in give damage beside what be contain  under the scilicet which accord to hob be only clause of status of female  slave be impossible and contradictory to what be well lie for it be allege  that defendant then imprison c and therefore it ought to be whole reject on  this side be cite hob Alleyn Hardr salk SC Mod and as to the case cite contra  it be say that in they either there be no scilicet or else what come under it  be the gist of the action and therefore they material differ from the present  and in salk no cause of action appear for these reason and upon these  authority particular that in hob which they say be in point the court be  unanimous of opinion that this declaration be well enough and the damage must  be take to be Andrews give only for what be well lie but page and probin just  incline to think that it will be otherwise if it have be express aver that the  defendant have imprison the plaintiff for so many week this be one entire  charge and therefore the whole must be prove and probin just also say that if  a plaintiff declare the defendant imprison he per long interval time or  without these word this be ding sufficient cause of demurrer because the  imprisonment itself be the cause of the action and the whole court be of  opinion that however this may be on a special demurrer it will be very well  after a verdict motion therefore deny and the postea be order to be deliver to  the plaintiff V Yalden v Hubburb comens Rep