| 284 |
Surety for Peace.
shall resist, or flie from their Arrest, they shall not be in any danger
to forfeit
any Recognizance of the Peace, by any such assault or striking, but
may
well justifie such Act. |
Chap. 121. |
In defence
of any person. |
Also it is no breach of the Peace for any private
Man to beat, strike or
wound another in defence and safeguard of his own person from killing,
wounding or beating, but ut us a thing justifiable. And in Action
of Trespass
De assault & battery, the Defendant may plead, De son
assault demesne,
sc. Que il fait ceo in defence luy mesme, enconter le assault
del Plaintiff, &c.
And yet by others, if another shall assault me, if I may escape with
my life,
or without being wounded, maimed or hurt, it is not lawful for me to
beat
or wound the other who first made the assault, but I must first flee,
or go
from him so far as I can. 25 E. 3. 42. 2 H. 4.
8. 33 H. 6. 18. Br. Trn's 28.
71 Cro. 137. hic. |
Lib. Intr.
611.
16 Ed. 4.
11.
12 Ed. 4. 6. |
|
Sed vim vi repellere licet, modo fiat moderamine
inculpatæ tutelæ |
|
|
Non ad sumendam vindictam, sed ad propulsandam
injuriam. Co. L. 162. |
|
|
By the Civil Law he shall not be said to have done
a wrong, who incontinently
for his safeguard, after the same manner whereby he is assaulted,
doth defend himself, as when a Man is assaulted by Weapons, he may
resist with Weapons: But if he do exceed measure, in repelling
an injury;
as if being wronged in words, he shall resist with Weapons, and by
such
resistance do beat or wound the other party, he which is so beaten
or
grieved, may have his Action, and shall recover damages, &c. |
|
|
And to prescribe some temper and moderation in the
resisting of verbal,
or actual injuries one hath these Verses: |
|
|
Res dare pro rebus, pro verbis verba solemus, |
|
|
Pro busis bufas, pro trufis reddere trufas. |
|
|
Things must be recompenc't with things, buffets
with blows,
And words with words, and taunts with mocks and
mows. |
|
| |
' Or rather by the Law of God and Nature, we should
practise this
' Lesson, |
|
|
' --- Per te nulli unquam injuria fiat,
' Sed verbis aliisque modis fuge lædere
quemquam,
' Quod nulli nolles, allis fecisse caveto:
' Quodque tibi velles, aliis præstare studeto. |
|
|
' If one Trained Soldier hurt another by mischance,
and not willingly,
' or by negligence, it is excusable in an Action of Trespass or Assault.
Hobarts
' Reports, Weavers Case, p. 189. |
|
|
If two, or more, do agree together to play at Barriers,
Back-sword,
Bucklers, Foot-ball, or such like, and one of them doth wound and hurt
another, the party hurt, shall not have an Action of Trespass therefore
against the other; for that it was by consent, and to try their Valor,
and
not to break the Peace. Fitz. Bar. 244. |
|
|
Yet if such a Man were before bound to the Peace,
such Act seemeth
to be a Forfeiture of his Recognizance. See Br. Cro. 229.
For although such
sports be suffered, yet they are not lawful. |
Lamb. 131. |
§. 5.
In defence
of others. |
Also it is no breach of the Peace, for a Man to
beat him that doth assault
and would beat him, wound or evil intreat his Wife, Father, Mother
or
Master, but it justifiable. |
|
|
So if the Wife shall beat him, that shall assault,
and would beat or evil
intreat her Husband. |
|
|
So if the Father or Mother shall beat him that doth
assault, and would
beat or evil intreat their Child, being then within age, and not able to
defend it self. |
|
|
 |
