Reference to Prize Playing in English Law

[David_Knight]

I just came across this line in a 1616 English torts case and figured I'd share it with you guys:

"If men tilt or turney in the presence of the King, or if two masters of defence playing their prizes kill one another, than this shall be no felony... because felony must be done animo felonico: yet in trespass, which tends only to give damages according to hurt or loss, it is not so; and therefore... [they] shall be answerable in trespass." Weaver v. Ward, 80 Eng. Rep. 284 (K.B. 1616).

In other words, one master would be liable for injuring or killing the other, and he would have to pay damages accordingly. If only all the cases in law school were this interesting (plenty of Latin in the full opinion, too). Anyway, back to the grind...

[John_Clements]

Fascinating. This then would tend to suggest that deaths sometimes occured in Prizings and serious injuries not impossible.

BTW, does this case imply that someone actually brought suit for such an instance?

Maybe there's more of this kind of thing out there.

JC

[Gene Tausk]

Interesting...looks like assumption of the risk has a long history.....

Also interesting the recognition of mens rea components.

----------------->>>>>>>gene tausk
SFS
Study Group Leader - Houston ARMA Southside

[David_Knight]

The actual parties in this case were soldiers. During a military exercise, the defendant's musket accidentally discharged and wounded the plaintiff. The courts held the defendant responsible for damages, and then made the "masters of defence" analogy to explain their reasoning.

However, I'm sure there are cases more directly related to prize playings or tourneys. After this first year is over, I might actually have time to do some research along those lines.

[Gene Tausk]

"After this first year is over, I might actually have time to do some research along those lines. "

Good luck. 2L is when the fun begins. <img src="/forum/images/icons/wink.gif" alt="" /> You may find thatyou have less time.

There is a professor at UH law who is an expert on Medieval law, or at least he was when I was there. I wonder if he knows something or two.


--------&gt;&gt;&gt;&gt;&gt;&gt;&gt;&gt;&gt;&gt;gene tausk
SFS
Study Group Leader - Houston ARMA Southside