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[001] to his estimate of the injuria.1 An indirect action is also available to the lord, to the
[002] extent of his interest in not being deprived of the services of those of his household
[003] and the labour of his bondsmen and the like.2 Even though not deprived of the
[004] service or the labour of his bondsmen, he has an action arising out of this act if
[005] such persons were beaten or struck to his disgrace and shame.3 Thus he may recover
[006] his damages on one ground or on the other, sometimes on both, as where he says
[007] that he would not have endured the damage for so much nor the shame and
[008] indignity for so much, both together or separately.4 But we must see, inter alia,
[009] which of these is preliminary, and whether one does not depend upon the other.
[010] It seems that it does, for suppose that the servant or bondsman who suffered the
[011] violence, though his complaint is true, fails in his proof; the lord's action seems
[012] thereby extinguished, for if the act, which is the principal thing, is not proved,
[013] nothing that follows from it ought to be good, and thus his servant or bondsman
[014] was not beaten to his shame nor to his damage. But in truth, though such persons
[015] fail in their proof, it may nevertheless be true that the thing did take place. Hence
[016] if one does not prove, the other may. And so if such persons retract or are unwilling
[017] to prosecute.



Notes

1. Supra 282, 296

2. Infra 438

3. Ibid.

4. Selden Soc. vol. 60, cix-cxvi


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