Trespass ''vi et armis'' was a kind of lawsuit at
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
called a
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
. The form of action alleged a trespass upon person or property ''vi et armis'',
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
for "by force and arms." The plaintiff would allege in a
plea
In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response ...
ding that the act committing the offense was "immediately injurious to another's property, and therefore necessarily accompanied by some degree of force; and by special action ''on the case'', where the act is in itself indifferent and the injury only consequential, and therefore arising without any breach of the peace." Thus it was "immaterial whether the injury was committed willfully or not."
In ''Taylor v. Rainbow'', the defendant negligently discharged a firearm in a public place and caused the loss of the plaintiff's leg. The defendant was held to be liable for medical bills as well as lost earnings as a result of the disability. Thus, proof that the act or omission was unintended was no defense to an action of trespass ''vi et armis'' and the liable party would pay for all consequent damages.
Recovery for damages for a trespass ''vi et armis'' were limited only to the direct consequences of the act or omission causing the injury. For instance, the state of
West Virginia
West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the B ...
reported that monetary loss for detention from business as an indirect result of the injury were not recoverable under an action for trespass ''vi et armis'', but were available under the related action of
trespass on the case The writs of trespass and trespass on the case are the two catchall torts from English common law, the former involving trespass against the person, the latter involving trespass against anything else which may be actionable. The writ is also known ...
, also known as an action ''ex delicto'' "against the wrong."
Trespass ''vi et armis'' was a precursor to many other forms of lawsuits at common law. The cause came to be formulaic and in many cases fictitious. For instance, a lawsuit against a defendant had spoiled wine with salt water required an allegation that he had done so with bows and arrows.
[See e.g. ''Rattlesdene v. Grunestone'' (1317).] The ancient courts at common law developed trespass upon the case as an alternative pleading to causes of action which arose neither from force nor weapons. In modern times, the specific formalities of the distinction between the two have dropped in favor of
notice pleading or code pleading and actions for
negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
,
battery,
trespass to chattels, and
conversion.
The related phrase of ''contra pacem regis'', "against
the King's peace
The King's Peace (387 BC) was a peace treaty guaranteed by the Persian King Artaxerxes II that ended the Corinthian War in ancient Greece. The treaty is also known as the Peace of Antalcidas, after Antalcidas, the Spartan diplomat who traveled ...
", was necessarily not a required element of trespass ''vi et armis'' although it was possible for both allegations to appear in a lawsuit when the intentional use of force or weapons breached the peace.
References
{{Reflist
Latin legal terminology
Tort law