| 298 |
Forcible Entry, &c.
the said Justices would inquire of the same. And therefore the
Stat. or
8 H. 6. doth give remedy, first where any man shall enter with force,
or
shall enter peaceably, and after detain, hold or keep possession by force.
Also these two last Stat. of 15 R. 2. and 8 H. 6. do enable
any one Justice of
peace to give present remedy, viz. to remove the force, and commit
the
Offenders, in cases of Forcible Entry, or holding against the aforesaid
Stat. |
Chap. 126. |
|
And the said Stat of 8 H. 6. extendeth further,
reaching the Offenders,
if they were removed or gone before the coming of the Justices; giving
an inquiry, and restitution, and also punishing the Sheriff that shall
not
obey the precepts of the Justice in this behalf. |
|
|
So that these Statutes do now give full remedy,
and fo prohibite, and
are made against these three degrees or sorts of force, viz. against, |
|
|
1. Such as enter peaceably, and then hold
forceably.
2. Such as enter with force, and then hold peaceably.
3. Such as do both enter forceably, and hold forceably. |
Fitz. 2. 8.
c.
Lamb. 143 |
|
I have (here before) already shewed in some measure
how the Justice
of peace shall demean himself in the execution of these Statutes; now I
will proceed to give him some further light in this business, in these
particulars
following. |
|
|
1. First, what is a Forcible Entry, and what
is a forcible holding within
the meaning of these Statutes. |
|
|
2. Who may commit a forcible Entry, &c.
and upon whom. |
|
|
3. Where a force, or forceable holding, is
justifiable or lawful. |
|
|
4. What, and how many several remedies the
party hath, that is so
put out, or kept out of his Possessions. |
|
|
5. The manner or proceeding of the Justice
of peace by inquiry. |
|
|
6. Of restitution to be made to the party
so put out, by whom and
to whom. |
|
|
7. What causes there may be for staying the
Justice of Peace from
making restitution.
|
|
§. 1. |
What is a Forcible Entry, or holding within these Statutes.
CHAP. CXXVI. V. 77.
' FOrce, in the Common Law, is most usually applied
to the evil part,
' and signifieth unlawful violence used either to things or persons, Co.
' L. 161. b. |
|
|
Our Law taketh knowledge of two manners of force;
the one may be
termed a force in Judgment of Law, which accounteth every private
Trespass to be a force; so as if I do but pass over another mans ground
without Licence, he may have his action of Trespass against me, why or
wherefore with force and arms, &c. See Co. L. 257. |
|
|
The other manner of force is more apparent, and
always carrieth some
fearful shew and matter of terror with it. |
|
|
This last sort of force is, that which is prohibited
by these Statutes: and
therefore note, That every force punishable by these Statutes, must have
one of these two Badges, sc. it must be either Manu forti,
with force or
strong hand, or Multitudine, with multitude of People, Lamb.
145. and
5 R. 2. c. 7. |
|
|
Manu forti, viz. either with apparent violence
(in deed, or in word)
offered to the person of another, as threatning Speeches, turbulent Behaviour,
or violence, or else that they be furnished with offensive weapons
(by them not usually born) whether they offer violence or fear of |
|
|
 |
