CENTRAL COURTS 



197 



In more than half of the suits of this character 

 noted in my investigation the defence of the second 

 master is merely the denial of the retention, with no 

 further plea. Other cases include interesting details; for 

 example, two actions are recorded in both of which it is 

 claimed that there had been no retention by the defendant 

 who had been merely performing his duty as constable; in 

 one, the defendant had found the servant vagrant and had 

 compelled him to serve a former master ; ^ in the other, the 

 defendant had put a servant in stocks in obedience to the 

 justices of labourers.- Occasionally the second master 

 denies the existence of a contract between the plaintiff and 

 servant or claims that there had been such a contract but 

 that it had been already carried out or broken for just 

 cause ; sometimes he states that he had had a contract with 

 the servant antedating that with the plaintiff; ^ in one case 

 he is able to show a technical error in the form of the plain- 

 tiff's writ.* A fairly usual plea of the second master is that 

 he had found the servant in question a vagrant,^ or even 

 begging for help,® and that therefore he had rightfully re- 



dering abroad out of his Service, another Man may compel him to serve 

 him, efc, because he is out of Service. 



And so if a Man do retain another's Servant, not knowing that he 

 was in the Service of the other, he shall not be punished for so doing, 

 if he do not retain him after Notice of his first Service." 



^De Banco, 34, Hill., 142, Berks. 



^/did., 39, Pasch., 328 d, Devon. ^ Case 4, list in app. 



''Case 8, list in app.; a technical error in the writ is also pleaded in 

 De Banco, 38, Pasch., 198, York. 



^E. g., De Banco, 34, Hill., 106 d, Staftord; 38, Trin., 199, Bucks.; 

 347, Lond.; 39, Hill., 248 d, York; 40, Mich., 553, Glouc; 389 d, War- 

 wick; 41, Pasch., 329 d, Northants.; 116 d, Wilts.; 45, Mich., 281 d, 

 Berks.; 50, Hill., 223 d. Norfolk; case 3. list in app. 



"De Banco, 39, Mich., 372d, Leic; the defendant had found the ser- 

 vant (bercarium) " infirmum . . . requisiuit . . . vt sibi sucourreret et 

 auxiliaret." 



