case REYMUND against hundred OF oking the master of a servant rob may maintain  a action in his own name on the statute of Winton but the servant must be  swear pursuant to Elizabeth c post salk comb Mod Mod style latch cro Elizabeth  Leon Mod shower Carth holt Com dig action upon the statute of Winton whereas  one palmer the plaintiff servant be rob within the say hundred of sixtyeight  pound of the plaintiff money by person unknown and have make hue and cry  accord to the statute and none of the thief be take and the say palmer have  make oath before such a justice of peace of the say country next adjoin to the  say hundred within twenty day before this action bring that he do not know any  of the party who rob he and that the say hundred have not make he any  recompense croak car er p upon not guilty plead and try at the bar this term  and find for the plaintiff it be move in arrest of judgement that this action  lie not because the plaintiff himself be not swear that he know not any of the  party who do the robbery for it be not sufficient that the servant who be rob  be swear for by the croak car statute of Elizabeth c the party who bring the  action ought to make the oath and it be argue that the servant who be rob  ought to have bring the action and then his oath will have be sufficient but  when the master bring the action he himself ought to be swear that he know not  any of the robber otherwise he may not bring it and therefore the action lie  not but it be resolve by the court that the action well lie for the master and  that the servant oath be sufficient for it be proper in his notice that he be  rob and do not know any of the robber and the master know not that he be rob  or who be the person but by report of his servant and it will be inconvenient  if the master shall not bring the action but the servant only for the servant  may release or compound or discontinue the suit and so the master shall have  the loss by his falsehood therefore the master shall bring the action and have  his servant who be rob be his witness whereupon it be adjudge for the  plaintiff See   Ent where such action be bring by the master and the servant  swear see Geo c