| Chap. 126. |
Forcible Entry, &c.
hurt to any other there or no, and this may be done by one person only.
See after sub hoc tit. |
299 |
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Multitudine, sc. with company more than usually
they have attending
on them, 10 H. 7. 12. Now by some opinions, the Law calleth
a multitude
when there be ten or more in one company; Multitudinem decem faciunt. |
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' Now any one may commit a Force: and they
may commit a Riot, &c. |
Forcible
Entry. |
Lamb. 146. |
If therefore one or more persons shall come weaponed
(especially with
weapons not usually born) to a House or Land, and shall violently enter
thereinto, this is a Forcible Entry, within the meaning of these Statutes. |
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Much more, if (being so entred) he or they shall
there offer violence,
or fear of harm to the person of any that is in possession thereof; most
of
all, if he or they shall forcibly and furiously expel and drive another
out
of such his possession. |
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So it is, if one shall enter peaceably, (the door
being open, or only
latched,) and after he is in the House, he shall forcibly put another out
of his possession. |
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So it is, if he or they which shall enter peaceably,
shall after their entry
offer apparent violence, threatnings, or fear of harm to the person of
any
that is in possession, to the intent to get him out, and to make him leave
the possession, though they do not put him out of possession, much more
if they get possession thereby. |
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If he or they that have entred peaceably, shall
after use words to any
in possession to this effect, as to say, They will hold it or keep it,
though
they dye for it, or in spite of the other, or such like, or other threatning
words; this maketh it a Forcible Entry. |
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Lamb. 146.
Cromp. 99. |
So it is, if divers persons shall come with weapons
(not usually born by
them) to an House that is open, or to Ground, and shall there enter peaceably
without any disturbance; yet this is a Forcible Entry, for it shall be
intended, that they would have used Force, if they had been resisted. |
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So it is, when the Master entreth into an House,
or Land, being attended
with a greater number of Servants than usually do wait on him. |
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Co. L. 257.
10 H. 7. 12.
Br. For. 30.
Lamb. 146. |
Note, that though a Man do actually use no force
in his Entry, yet if he
do come so appointed either with weapon or company, that other men
may be reasonably affraid that he meaneth to make his way by force, rather
than he will fail of his purpose, it seemeth to be a forcible Entry. |
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' And if three or more, shall enter peaceably, (upon
another being in
' possession) and shall continue there peaceably, though this be no forcible
' Entry or Detainer, yet it may prove a Riot in regard of the number. |
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Now there are two sorts of Forces, as is aforesaid,
sc. |
Force two-fold. |
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1. An actual Force; as with weapons or number
of persons, &c. not
usual. |
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2. A Force implyed in Law; as every Disseisin,
Rescous and Trespass
implieth a Force, and is with force and arms, Co. L. 157. |
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Also it seemeth, that every Entry into another man's
house or ground
which is made with force (sc. manu forti or cum multitud. either
with apparent
violence offered to the person of any other, or furnished with weapons
or company, which may offer fear) though it be but to cut or take
away another man's Corn, Grass, or other Goods, or to sell or crop Wood,
or do any other like Trespass; and though he do not put the party out
of his possession, yet it seemeth to be a Forcible Entry, and an actual
Force punishable by these Statutes. See lamb. 145. |
Trespass. |
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