The declaration says
nothing of negligence, and it is clear that the damage need not
have been intended. The words vi et armis and contra pacere,
which might seem to imply intent, are supposed to have been
inserted merely to give jurisdiction to the king's court.
Glanvill says it belongs to the sheriff, in case of neglect on
the part of lords of franchise, to take cognizance of melees,
blows, and even wounds, unless the accuser add a charge of breach
of the king's peace (nisi accusator adjiciat de pace Domini Regis
infracta). /1/ Reeves observes, "In this distinction between the
sheriff's jurisdiction and that of the king, we see the reason of
the allegation in modern indictments and writs, vi et amis, of
'the king's crown and dignity,' 'the king's [85] peace,' and 'the
peace,'--this last expression being sufficient, after the peace
of the sheriff had ceased to be distinguished as a separate
jurisdiction." /1/
Again, it might be said that, if the defendant's intent or
neglect was essential to his liability, the absence of both would
deprive his act of the character of a trespass, and ought
therefore to be admissible under the general issue. But it is
perfectly well settled at common law that "Not guilty" only
denies the act.
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