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New Article: remedy to recover damages^ by aftion of trefpafs vi et armis, which mufl: be brought in the names of the hufband and wife jointly: but if the beating or other maltreatment be very enormous, fo that thereby the hufband is deprived for any time of the company and afRftance of his wifC) the law then gives him a feparate remedy by an a˘Glion of trefpafs, in nature of an a˘Glion upon the cafe, for this ill-ufage, per quod confortium amiftt ; in which he fhall recover a fatisfaftion in damages ^? II. Injuries that may be offered to a perfon confidered in the relation of a parent were likewife of two kinds : i. Abduc- tion, or taking his children away ; and, 2. Marrying his fon and heir without the father's confent, whereby during the continuance of the military tenures he loft the value of his marriage. But this laft injury is now ceafed, together with the right upon which it was grounded ; for, the father being no longer entitled to the value of the marriage, the marrying his heir does him no fort of injury for which a civil a<^ion will lie. As to the other, of abdudtion, or taking away the children from the father, that is alfo a matter of doubt whether it be a civil injury or no ; for, before the abolition of the tenure in chivalry, it was equally a doubt whether an adtion would lie for taking and carrying away r . -1 any other child befides the heir : fome holding that it would not, upon the fuppofition that the only ground or caufe of a˘Gtion was lofing the value of the heir's marriage ; and others holding that an action would lie for taking away any of the children, for that the parent hath an intereft in them all, to provide for their education **. If therefore before the aboli- tion of thefe tenures it was an injury to the father to take away the reft of his children, as well as his heir, (as I ani inclined to think it was,) it ftill remains an injury, and is remediable by writ of ravijbmenty or a˘Glion of trefpafs vi et armis y dejility velJUia^ rapto vel abduBo * i in the fame manner