Case of the Thorns

"Trespass quare vi et armis clausum fregit, et herbam suam pedibus conculcando consumpsit in six Acres. The defendant pleads, that he hath an Acre lying next the said six Acres, and upon it a Hedge of Thorns, and he cut the Thorns, and they ipso invito fell upon the Plaintiff's Land, and the defendant took them off as soon as he could, which is the same Trespass; and the Plaintiff demurred; and adjudged for the Plaintiff; for though a Man doth a lawful Thing, yet if any damage do thereby befal[l] another, he shall answer for it, if he could have avoided it. As if a Man lop a Tree, and the [Boughs] fall upon another ipso invito, yet an Action lies. If a Man shoot at [Butts], and hurt another unawares, an Action lies. I have Land through which a River runs to your Mill, and I lop the Sallows growing upon the [Riverside], which accidentally stop the Water, so as your Mill is hindered, an action lies. If I am building my own house, and a Piece of Timber falls on my neighbour's house and breaks Part of it, an action lies. If a Man assault me and I life up my Staff to defend myself, and in lifting it uphit another, an Action lies by that Person, and yet I did a lawful Thing. And the Reason of all these Cases is, because he that is damaged ought to be recompensed. But otherwise it is in Criminal Cases, for there actus non facit reum nisi mens sit rea."