Legal Definitions - molliter manus imposuit

Molliter manus imposuit is a historical Latin legal phrase that translates to "he gently laid hands upon."

In past legal systems, particularly when someone was accused of assault or trespass, this phrase served as a defense. It allowed a defendant to argue that any physical contact or force they used was minimal, reasonable, and necessary under the specific circumstances, rather than an unlawful act. The force was considered justified if it was applied gently and only to achieve a legitimate purpose, such as preventing a disturbance, removing an unwanted person from property, or protecting someone from immediate harm or damage.

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

• Imagine a town crier in the 17th century observing two individuals engaged in a loud and escalating argument in the public square, on the verge of a physical altercation. To prevent a breach of the peace and potential injury, the crier steps between them, placing a hand on each person's arm to separate them while calmly urging them to disperse. If one of the individuals later accused the crier of assault, the crier could invoke molliter manus imposuit, arguing that the contact was gentle, brief, and solely for the purpose of preventing a public disturbance.

  This example demonstrates the term because the force used was minimal ("gently laid hands"), applied to prevent a greater harm (a fight), and was therefore considered a justified, reasonable action rather than an assault.

• Consider a landowner in the 18th century who finds a stranger repeatedly trespassing on their private estate after being clearly told to leave. The landowner approaches the individual, takes them by the arm, and gently guides them off the property without causing injury or using excessive force. If the stranger subsequently claimed assault, the landowner could use molliter manus imposuit as a defense, asserting that the force was minimal and necessary to remove a trespasser from their land after warnings had been ignored.

  This illustrates the term by showing justified, gentle physical contact used to enforce property rights and remove an unwanted person, where the force was proportionate to the situation.

• During a crowded market day, a vendor sees a child accidentally stumble and fall towards a precarious stack of valuable pottery, threatening to knock it over and cause significant damage. The vendor quickly but gently reaches out and places a hand on the child's shoulder to steady them and redirect their fall away from the pottery, preventing its destruction. If the child's parent later accused the vendor of unwanted physical contact, the vendor could argue molliter manus imposuit, explaining that the contact was gentle and intended only to prevent immediate damage to property and potential injury to the child.

  Here, the term applies because the physical intervention was gentle, immediate, and solely aimed at preventing foreseeable harm and property damage, making the contact justifiable rather than an assault.