case Barham against Dennis a father can maintain a action of trespass for the  take away of any of his child except his heir ante Bulst Lut roll Rep raym  style bro tres pl ld ray Mod side Bac ab f n b Plowd salk see burr   dig Bac  ab Bl Com term Rep trespass quare way et arms in annam son svan insultum fecit  Elizabeth psam ce I et imprisonavit c the defendant plead not guilty and find  against he and damage assess for the take S and for the imprisonment S d  William move that this action lie not for the father shall not have the action  unless for the take of his son and heir or of his daughter and heir which be  by reason that the marriage of they appertain unto he and not of any other of  his son and daughter and the writ ought to suppose quare son el hceredem c  vide Edward pl Henry the writ also be for the imprisonment which make it  altogether vicious for none shall have remedy for the imprisonment but the  party to who the injury be do and that be to the daughter herself the writ  also be to take in hand Elizabeth mprisonavit and he say not ce pit et to lead  away and if she be not carry from he the father have not any injury and for  these cause Anderson Walmsley and Kingsmil hold that the writ be ill for the  form and that the action lie not for the matter for as to the form it ought to  have be to lead away for so be the register and so it ought to he for  otherwise she may he take and imprison in the same place and never carry out  and then there be not any tort which be punishable by the father the hold also  that the father shall not have a action for the take of any of his child which  be not his heir and that be by reason the marriage of his heir helongs to the  father but not of any other his son or daughter and by reason of this loss  only the action be give unto he the writ in the register be for the son and  heir or daughter and heir only which prove that the law have always be take  that the action lie not for a other son or daughter and although it have be  say that a writ of trespass lie for diverse thing whereof none of they be in  the register and it have be adjudge that it lie for a parrot a popinjay a  thrush and as Henry be for a dog the reason thereof be because the law impute  that the owner have a property in they and although they be not know at the  time of the compile of the register yet there be like writ there for thing  whereof the owner have a property and therefore be upon the like reason the  like writ lie but for the take of a son or daughter do heir it be not upon the  same reason and therefore not alike here the father have not any property or  interest in the daughter which the law account may he take from he and in the  other case if trespass shall not lie a tort shall he commit and he croak  Elizabeth dispunishable it be clear also that for the imprison of the daughter  the action be not give to the father but to the daughter herself wherefore c a  dyer croak Elizabeth er p Glanville contra for the father have a interest in  every of his child to educate they and to provide for they and he have his  comfort by they wherefore it be not reasonable that a shall take they from he  and to do he such a injury but that he shall have his remedy to punish it and  although it have be say that there be a reciprocal course hetween the father  and heir more than hetween the other as the heir shall have a appeal c and not  any other of the son that be by reason the action can be give but to one and  although this be not warrant by the register it be not material for in to make  new grammatical case novum apponend be remedy wherefore c el adjournatur note  a case be cite to he adjudge that a father bring his action upon the case for  slander of his daughter by reason whereof she lose a convenient marriage which  he have provide and he be enforce to he at a great charge in provide of  another marriage which be Trinity term Elizabeth roll between Ross and parret  but Glanville deny it to he law and say that the action be there bring by the  daughter she elf afterward this matter be end by arbitrament