| 1491.012 |
1491 |
|
Trespass for assault, beating, and wounding |
De son tort demesne
Issue
Curia
|
| Pasch. |
6 |
Hen. 7 |
2 |
41b (of 5 Hen. 7)-2a (no fol. 1) |
Fitzherbert Trespas 152
Brooke Trespas 278, Dammages 168 |
cross-referenced in 1458.039 = Mich. 37 Hen. 6, pl. 4, fol. 2b-3b
49 Edw. 3, fol. 23
38 Edw. 3, fol. 32, 33
22 Edw. 3, Lib. Ass. pl. 76
Pasch. 21 Hen. 7, fol. 22
Mich. 21 Hen. 7, fol. 41 |
|
| Transgressioun d' assaut vers iii, & de verberatione & vulneratione. Un justifi navrer, & les plages |
8 |
One defendant justified wounding (navrer) and the wounds (les plages) by assault by the plaintiff himself, and the ill (mal) that plaintiff had was his own assault, and in the first defendant's self-defence.
Plaintiff replied that (the trespass was) of the first defendant's own wrong denying (sans) such cause.
The parties were at issue.
The other two defendants pleaded 'not guilty'.
The jury appeared.
It was said by award of the Court that if the plea of the first defendant who justified was found against the first defendant, then the first defendant would be charged for the entire damages, and the jury would not inquire whether or not the defendants wounded (navrerent) plaintiff, because this was confessed by the (first defendant's) justification, but as to the other two defendants, the jury would inquire what (combien) they did, b ecause they could make asault and not wound (navrer) plaintiff, and so if it were so, the damages against all (three) defendants in common for the assault, and for the wounding (navrer) and the rest, against the first defendant who justified. |
|
|
1491.012 = Pasch. 6 Hen. 7, pl. 2, fol. 41b-2a |
|
Assault
Battery (verberatione)
Beating
Wounding (vulneratione)
Justification
Wounding (navrer)
Wounds (plages)
Bad (mal)
His Own Assault
Son Assaut Demesne
Defence
Self-Defence
De Son Tort Demesne
Of His Own Wrong
Without Such Cause
Denial
Cause
Issue
At Issue
Pleading
Not Guilty
Jury (l' Enquest)
Appearance
Award
He Who Jutified
Finding
Verdict (trove)
Charge
Entirety
Damages
Inquiry
Confession
Admission
How Much (combien)
Making Assault
In Common
Damages In Common
Rest (remainder)
Reporter (R.)
Sight (Vide)
Similarity
Folio |
|
