CENTRAL COURTS 209 



cause the plaintiff failed to prosecute : ' in one action for 

 departure, for the defendant, on the ground that the plain- 

 tiff's offer of waging his law as to the truth of the facts at 

 issue was not acceptable ;- in an action for retention, for the 

 defendant; writ abated on ground that it had been brought 

 in the wrong county." There are three cases where there 

 is a judgment recorded on one point and an appeal to a 

 jury on another: in a departure case, judgment is for the 

 defendant, on the ground that the statute does not apply to 

 the contract of a chaplain ; * in a departure and retention 

 case, for one defendant, the servant, on the ground of his 

 minority ; " in another departure and retention case, for 

 one defendant, also the servant, on the ground that distraint 

 by his lord exempts a villein from the penalties of the or- 



predictus Ricardus Perre hie in curia et fecit finem cum domino Rege 

 pro duobus solidis per plegiagium . . . Ideo eat inde quietus etc. Et 

 deliberatur eidem Ricardo Freman per curiam etc., ad deseruiendum ei 

 in forma predicta etc." Ibid., 40, Pasch., 196 d, Bucks.; defendant, 

 carucarius, is assessed lOOs. as damages. "Ideo consideratum est quod 

 predictus prior (plaintiff) recuperet seruientem suum et dampna etc. 

 Et idem prior in presencia curie remittit dam.pna etc." 



^ Ibid., 38, Trin., 405 d, Bucks.; defendant, carucariiis; ibid.. 42. 

 Hill., 480 d, Oxford, defendant, seruiciis; ibid.. 45, Mich., 539 d, 

 Lond., defendant, seruieiis; Coram Rege, 48. Hill., Cavendissh, 9. 

 Lond.; defendant, a card-maker. 



"Case 25, list in app.; cf. s. 5, p. 193, note 4. The defendant, tiictrex. 

 pleaded that she had left because she had been beaten by plaintiff and 

 also that she had had permission to depart; when forced to choose 

 between the two pleas she chose the latter. Note from the record: "et 

 predictus Willelmus (plaintiff) dicit ex quo ipse paratus est facere legem 

 suam quod ipse non dedit ei licenciam a seruicio suo recedendi quern 

 quidem exitum. predicta Matilldis recusat petit iudicium et dampna sua 

 etc. Et quia huiusmodi exitus non est acceptabilis consideratum est 

 quod predictus Willelmus nichil capiat per breue suum set sit in miseri- 

 cordia. Et predicta Matilldis inde sine die." For wager of law, see 

 Pollock and Maitland, Hist. Eng. Law, ii, 634, et seq. 



^ Case 8, list in app.; servant involved, seriiie7is. 



* Case 42, app., F, 4, and pp. 188-189. ^Case 6, app., F, 4, and p. 185. 



