case richard rippon against John Norton a father can maintain assumpsit on a  promise make to he that the defendant son shall keep the peace to his son in  consideration of his desist to require S reties of the peace yely term Rep  assumpsit whereas there be debate betwixt the plaintiff and one Richard Norton  son of the defendant and the say Richard Norton have assault the plaintiff and  heat he at n in the county of Northampton whereupon he complain to sir Anthony  Mildmay a justice of peace there and require the peace and make oath c that  the defendant know thereof in consideration the plaintiff will desist his  complaint and that his say son shall not he vex for that cause assume to the  plaintiff that the say Richard Norton his son shall keep the peace against the  plaintiff and Walter Rippon the plaintiff son and allege in fact tl at he  thereupon desist his Com plaint and that the defendant son be not vex c a ante  croak Elizabeth er p and yet notwithstanding that the say Richard Norton the  defendant son have assault the say Walter Rippon his son and heaten and wound  he whereby he lose his service and be at great charge in his cure whereupon he  bring this action the defendant plead non assumpsit and find against he to his  damage of and it be now allege in arrest of judgement that a action lie not  for the father hecaus the battery of the son be do any ground of action to the  father unless he have show that he be his servant which be not do and to this  purpose be cite the case betwixt levet and haw a where one promise to the  father to give l to his son in marriage with the defendant daughter in  consideration of a jointure assure by the plaintiff the action be bring by the  father for nonpayment of the l to the son it be adjudge not to he maintainable  so here because there be not any damage to the father by the battery to the  son a action lie not for the father and although it be object that the father  be at the charge for the cure the son of his wound yet because it be a thing  he be not compellable unto it be no cause why he shall maintain this action  wherefore by all the justice it be move at several time it be adjudge for the  defendant b