unjustly detains (injuste detinuit) from her three pigs which were lost to her." The action depended upon loss of the chattel, which had come to the hands of a defendant who had refused on demand to give it up. Holdsworth deduces this case was the forerunner of the action in detinue, which also lay to recover a lost chattel. Ames is of the opinion that this case represents not so much an action, but a formal demand made in court for the return of the chattel, which, if denied, could be followed by an appeal. It is certain that an appeal could be substituted after an allegation of res adiratae had been made. It is disputed whether proceedings in res adiratae could not be brought in royal courts. Holdsworth cites a case from 1292 which seems to fulfill all the requirements of res adiratae. "Note that where a thing belonging to a man is lost, he may count that he (the finder) tortiously detains it. Etc. and tortiously for this that whereas he lost the said thing on such a day, etc. he (the loser) on such a day etc., found it in the house of such a one and prayed him to restore the thing but he would not restore it, etc., to his damage, etc.; and if he etc. In this case the demandant must prove by his law (his own hand the twelfth; i.e. wager of law) that he lost the thing." Ames said of detinue "In the first place, the count must allege a bailment, and a traverse of this allegation was an answer to the action." However, there are many instances where allegation of bailment was not necessary for an action in detinue. Holdsworth cites a 1313 case in which the counsel. Toudeby for the defendant pleaded no allegation of bailment, but Scrope, the counsel for the demandant (plaintiff), replied that, if the defendant carried off the chattels and a writ was brought to recover them, it was no answer to say that the chattels had not been bailed to the plaintiff. Still the case turned on the question of bailment. In 1343, the defendant was driven to a traverse in these terms: "We tell you that the horse did not come into our keeping, nor do we detain the horse, as he counts." In 1410, both counsel agreed that an action of detinue lay