case hide against SCYSSOR easter term James roll in trespass for beat a wife  both the husband and wife must join in the action but if it be with a per quod  consortium to send away the husband may sue alone and if any asportation be  charge either the word to take in hand et to lead away or to seize and carry  off may be use ante Inst roll Rep cro car Jones strange fort salk Mod ld ray  will will term Rep term Rep trespass for that the defendant may James make a  assault upon Elizabeth the plaintiff wife et that to beat et male to draw  violently nor the say Elizabeth simul cum one gown one petticoat c of the good  of the plaintiff simul cum the say Elizabeth at d tunc et ibidem to take in  hand to lead away et abcariavit nor the same elizabethan per aged ab eoden Le  plaintiff to hold off et to watch per quod Le plaintiff source of comfort et  consortium nor a council et help in rebus household member who idem Le  plaintiff to have to withhold et to be able cum wife svan per totan time  pillage to make away with et to send away et alian irregular c the defendant  plead not guilty and it be find against he and damage assess to three hundred  pound and judgement find for the plaintiff and now a writ of error thereof be  bring in the exchequerchamber the first error assign be because the action be  by the husband sole for the battery of his wife which ought not to be for the  tort and damage be proper do to the wife and therefore the husband sole  without the wife can not maintain this action and then the damage be entire  give the judgement be erroneous vide Edward pl Edward pl ass pl ante but all  the justice and baron hold that true it be the husband for the battery of his  wife ought to join his wife with he in the action if this have be bring for  that cause but here the action be not bring for the battery of his wife but  for the loss and damage of the husband for want of her company and croak throw  aid and all be conclude with the per quod consortium to send away which extend  to all that be before as where a action bring by the master for the battery of  his servant per quod slavery to send away c a second error assign be because  it be to take in hand et to lead away where it ought to have be to seize and  carry off for so be the register for writ bring in such case say non allocatur  for it may be both way wherefore the judgement be affirm