| 1348.264ass |
1348 |
|
Trespass, bill of |
Bill
De son tort demesne
Faux Imprisonment
Trespas
Bar |
|
22 |
Edw. 3 |
Lib. Ass. 56 |
98a |
Fyncheden, William de Finch (for D)
Richemund, Peter de Sjt (for P)
Scrop (for P) |
|
|
|
|
|
F., J. of, beating victim
M., W. of |
C., vill of |
|
Fitzherbert Barre 300
Brooke De son tort demesne 44
Brooke Faux imprisonment 45
Brooke Trespas 235 |
Plowden Commentaries fol. 18.B.
22 Edw. 4, fol. 44
Devant pl. 55, 1348.263ass = 22 Edw. 3, Lib. Ass. 55, fols. 97b-98a
9 Edw. 4, fol. 28
44 Edw. 3, fol. 45
6 Edw. 4, fol. 7 |
|
| En Bill de Trans de ceo quil luy batist, naufra, maihim, & emprison. @ Finch. Quant a le mayhem & al |
16 |
| coutel (= knife), almel (= blade of knife) |
|
William de Fyncheden was created serjeant in Trin. 1354. |
| In a bill of Trespass of this that he beat, wounded, maimed and imprisoned him. As to the maiming and wounding, the defendant said not guilty, and as the battery and imprisonment, he said that the plaintiff at the time etc. was in a mad fit (en arage) and doing great harm, and for this reason the defendant and his (the plaintiff's) other relatives (parents) took him and bound him and put him in a house and (chase) him and beat him with a rod (verge), without this that they imprisoned him or beat him in any other manner, and they did not think that the plaintiff could assign wrong in his person for such imprisonment and battery. The plaintiff said that the defendant did it of his own wrong, without such cause; ready etc. And the other side said the contrary. Note, in a bill of false imprisonment, the defendant justified the imprisonment because the plaintiff came with other wrongdoers in the vill of C. with swords and bucklers, and beat and wounded J. of F. until nearly his death, by reason of which the hue and cry was raised, so that the defendant as steward (senesc') of the same vill took him and arrested him, until they were assured (ascerts) of his life, and he did not think that they could assign wrong in his person for this. The plaintiff tendered the averment that it was of the defendant's own wrong, and the other side said the contrary. Item, in trespass for beating and wounding, the defendant justified the act on the ground that W. of M. had assaulted the defendant with a knife drawn in his hand, and would have struck the defendant, and he seized the handle (hefte) of the knife in his hand, and the plaintiff came in aid of W. and seized the blade of the knife from the defendant's hand and thus cut his own hand with the blade, without this that the defendant beat and wounded him; ready etc. The plaintiff said that the defendant beat and wonded him as he supposed; ready. And the other side said the contrary. |
| J.H. Baker & S.F.C. Milsom, Sources of English Legal History (London, Butterworths 1986), pp. 311-312 (Anon.) (justifications and other pleas in bar) |
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