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Simple English definitions for legal terms
force and arms
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A quick definition of force and arms:
Force and arms: This is a phrase that was used in the past to describe violent actions. It was used in legal documents to show that someone had done something wrong in a forceful way. It was important to use this phrase in cases where there was a disturbance of the peace or acts of violence. However, it was not necessary to use it in cases where someone had cheated or caused a small injury. This phrase was used in legal documents until 1852.
A more thorough explanation:
Definition: Force and arms refer to violence and the use of weapons or physical force to commit an offense.
Example: In common-law pleading, the phrase "force and arms" was used in declarations of trespass and indictments to indicate that the offense was committed violently. For instance, if someone broke into a house and stole something, the charge would be "trespass vi et armis" because the offender used force and arms to enter the property.
Explanation: The example illustrates how the phrase "force and arms" was used to describe violent offenses that involved the use of weapons or physical force. The phrase was necessary in indictments for offenses that disturbed the peace or involved acts of violence. It was also used to differentiate between offenses that were committed with violence and those that were not.