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One of them, Fairfax, said: "There is a diversity between an act resulting in a felony, and one resulting in a trespass .... If one is cutting trees, and the boughs fall on a man and wound him, in this case he shall have an action of trespass, &c., and also, sir, if one is shooting at butts, and his bow shakes in his hands, and kills a man, ipso invito, it is no felony, as has been said, &c.; but if he wounds one by shooting, he shall have a good action of trespass against him, and yet the shooting was lawful, &c., and the wrong which the other receives was against his will, &c.; and so here, &c."
As if I am building a house, and when the timber is being put up a piece of timber falls on my neighbor's house and breaks his house, he shall have a good action, &c.; and yet the raising of the house was lawful, and the timber fell, me invito, &c.
And so if one assaults me and I cannot escape, and I in self-defence lift my stick to strike him, and in lifting it hit a man who is behind me, in this case he shall have an action against me, yet my raising my stick was lawful in self-defence, and I hit him, me invito, &c.; and so here, &C."
Choke, C. J. says, "As to what was said about their falling in, ipso invito, that is no plea, but he ought to show that he could not do it in any other way, or that he did all in his power to keep them out"; and both the judges put the unlawfulness of the entry upon the plaintiff's land as a consequence of the unlawfulness of dropping the thorns there.
Inclined to the worse measures, or it may be, to the worse advisers. In ipsam agebatur==invito gloria aucta, simulque pernicies accelerata. XLII. Asiae et Africae. He drew lots, which he should have, both being put into the lot. Proconsulatum. See H. 1, 49. note, on proconsul. A. had already been consul, 9. Sortiretur. In which he would, or such that he must, obtain by lot, etc. Cf.
As to what was said about their falling in ipso invito, that is no plea, but he ought to show that he could not do it in any other way, or that he did all that was in his power to keep them out." In trespass, he says, "the intent cannot be construed; but in felony it shall be.
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