2IO ENFORCEMENT OF THE STATUTES OF LABOURERS 



dinance/ In the action of false imprisonment brought by 

 the servant judgment is for the defendant, i. e. the master, 

 on the ground that under the contract clause re-capture by 

 force is legal as a means of holding a servant to his agree- 

 ment.^ Therefore, of these seventeen actions, in eleven the 

 judgments are in favor of the servants, and in two of the 

 second masters and therefore of the servants also; and in 

 only four are they against the servants, and in three of 

 these because of their own confessions. 



In turning to the verdicts of the juries, it is to be recalled 

 that out of the 299 cases on the contract clause, thirteen 

 verdicts are recorded and out of the six cases involving the 

 clause, one; these verdicts must be considered somewhat in 

 detail, the plea of the defendant and the occupation of the 

 servant being noted, as well as the penalty. 



Actions for departure. 



1 Denial of date of contract by carucarius et carectar- 

 ius; damages of 40s. for plaintiff.^ 



2 Denial of contract by bercarius; damages of 2 marks 

 for plaintiff.* 



3 Denial of date of contract by communis ancilla; 

 damages of 20s. for plaintiff; defendant also fined 



2S.'* 



4 Ill-treatment and failure of plaintiff to pay wages to 

 laborarius; damages of 10 marks for plaintiff; de- 

 fendant also fined 2 marks. ^ 



^ Case 7, list in app., printed by Vinogradofif; cf. s. 6, p. 202. 



*Case 10, app., F, 5; also p. 195. 



'De Banco, 33, Pasch., 11 d. Line; plaintiff had sued for 10 marks. 

 The plaintiffs regularly asked for much higher damages than they ob- 

 tained. 



*/dtd., 38, Trin., 343 d, Sussex. 



^Ibid., 47, Trin., 231, Warwick. ^ Ibid., 42, Hill., 475, Lond. 



