The subject of torts originates in the idea of hurt or damage done by force. The early history of the law of torts, after its separation from criminal law, is embraced in the history of the action of trespass.35 Trespass early was divided into several distinct actions, or perhaps it would be more accurate to say that trespass was the combination of these several actions. In all of these branches of the action, however, we see present the element of force or violence. In trespass quare clausium fregit, there is the forcible entry upon or damage to the land; in trespass de bonis asportatis, there is the forcible taking and carrying away of the goods of another; while in trespass to the person the violence is directed against the person of the injured party. For indirect damages or for dama-ages unaccompanied with violence to a person's body, land or personal property, or for such damages as those to his reputation there could be no relief under the action of trespass, and there was no relief under any form of action until near the close of the thirteenth century. Right of action for injuries which cannot be brought within the scope of trespass owe their origin to the famous Statute of Westminster II 36 passed in 1285. Under the authority of this statute there was created the new action of Case, or of Trespass on the Case which with trespass covers the whole field of torts.

33 Amer. and Eng. Enc. of Law, Vol. VI, p. 710, Lingwood vs. Croucher, 2 Atk., 644; Scott vs. Liverpool, 25 L. J. Ch., 227; Steward vs. East India Co., 2 Vern, 380.

34 Adams vs. Adams, 2 Mod., 169; Watson vs. Clement, Rolle Abr., p. 5; Barnard vs. King. 2 Keb., 16; Rolle Abr. p. 6.

35 See also Trespass under Subject of Common Law Pleading, Volume XI, Subject 44. 36 Or more accurately Statute of Westminster II, Chapter 24, 13 Edward I. This statute has already been referred to under Legal History, Volume I, Subject 27, and will be considered more in detail under the subject of Common Law Pleading, Volume XI, Subject 34.

There is no better proof of the statement so often made in this work, that formerly the adjective law, was the controlling branch of this science, than in this fact that the only practical early classification of torts was one on the basis of the action which could be brought to redress the wrong. Although other methods of classifying torts have since arisen, which are now used by text book writers on this subject, the influence of this early classification is still strongly felt in the law, and without an understanding of the original scope of these actions, no clear conception of the law of torts can ever be acquired. Before, therefore, considering the various forms of injury which may furnish a basis for an action for tort, a chapter will be devoted to this fundamental distinction between trespass and trespass on the case.