I. de S. and Wife v. W. de S.

. . . And it was found by verdict of the inquest that the said W. came in the night to the house of the said I., and would have bought some wine, but the door of the tavern was closed; and he struck on the door with a hatchet, which he had in his hand, and the woman plaintiff put her head out at a window and ordered him to stop; and he perceived her and struck with the hatchet, but did not touch the woman. Whereupon the inquest said that it seemed to them that there was no trespass, since there was no harm done.

Thorpe, CJ. There is harm, and a trespass for which they shall recover damages, since he made an assault upon the woman, as it is found, although he did no other harm. Wherefore tax his damages. . . . And they taxed the damages at half a mark.

Chief Justice Thorpe, awarded that they should recover their damages, . . . and that the other should be taken. Et sic nota, that for an assault one shall recover damages. . . .