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The Common Law

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Language: English
Wordcount: 126,642 / 369 pg
Flesch-Kincaid Reading Ease: 52.1
LoC Category: AG
Downloads: 2,994
mnybks.net#: 3603
Excerpt

personal violence seem to have been confined to intentional wrongs. Glanvill /3/ mentions melees, blows, and wounds,--all forms of intentional violence. In the fuller description of such appeals given by Bracton /4/ it is made quite clear that they were based on intentional assaults. The appeal de pace et plagis laid an intentional assault, described the nature of the arms used, and the length and depth of the wound. The appellor also had [4] to show that he immediately raised the hue and cry. So when Bracton speaks of the lesser offences, which were not sued by way of appeal, he instances only intentional wrongs, such as blows with the fist, flogging, wounding, insults, and so forth. /1/ The cause of action in the cases of trespass reported in the earlier Year Books and in the Abbreviatio Plaeitorum is always an intentional wrong. It was only at a later day, and after argument, that trespass was extended so as to embrace harms which were foreseen, but which were not the intended consequence of the defendant'

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