Legal Definitions - force and arms

The phrase force and arms is a historical legal term that was traditionally used in legal documents to describe an act committed with violence, physical power, or the threat of such. In older common-law pleadings, particularly for offenses like trespass or in criminal indictments, its inclusion served to emphasize that the wrongful act was not merely accidental or passive, but involved an aggressive, forceful, or violent element. It signifies that the perpetrator used physical might or means to carry out the offense.

Here are some examples illustrating how this term would have been applied:

• Example 1: Vandalism and Assault

  Scenario: During a heated dispute, an individual, Mark, intentionally shoves another person, Lisa, to the ground and then proceeds to smash the windows of her car with a heavy object.

  Explanation: In a historical legal context, the charges against Mark would likely include the phrase "force and arms." His actions involved direct physical violence against Lisa (shoving her) and the forceful destruction of her property (smashing the windows with a heavy object). The use of a physical implement to cause damage further underscores the "arms" aspect, signifying the violent means employed.

• Example 2: Unlawful Entry and Damage

  Scenario: A disgruntled former employee, Clara, returns to her old workplace after being terminated. She uses a crowbar to pry open a locked back door, causing significant damage to the doorframe, and then enters the building without authorization.

  Explanation: Clara's actions would historically be described as committed "with force and arms." The "force" is evident in her using a crowbar to break the lock and damage the doorframe, demonstrating physical power applied to overcome a barrier. The crowbar itself, used as an implement of destruction, aligns with the spirit of "arms" in this context, signifying the violent means employed to gain entry.

• Example 3: Public Disturbance

  Scenario: During a large public gathering, a group of individuals collectively pushes against a temporary barrier, causing it to collapse, and then proceeds to throw objects and damage public property in the vicinity.

  Explanation: The actions of this group, particularly their collective physical exertion to break through the barrier and the subsequent destruction of property, would have historically been characterized as being carried out "with force and arms." The "force" is clear in their physical effort to overcome the barrier and cause damage, while the "arms" aspect could refer to any objects used in the destruction or simply the collective physical power wielded in a violent and aggressive manner.