“The words ‘with force and arms,’ anciently ‘vi et armis,’ were, by the common law, necessary in indictments for offences which amount to an actual disturbance of the peace, or consist, in any way, of acts of violence; but it seems to be the better opinion, that they were never necessary where the offence consisted of a cheat, or non-feazance, or a mere consequential injury.” 1 Joseph Chitty, A Practical Treatise on the Criminal Law 240 (2d ed. 1826).
“vi et armis… was a necessary part of the allegation, in medieval pleading, that a trespass had been committed with force and therefore was a matter for the King’s Court because it involved a breach of the peace. In England, the term survived as a formal requirement of pleading until 1852.” Bryan A. Garner, A Dictionary of Modern Legal Usage 916 (2d ed. 1995).
