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Forcible Entry, &c.
But if the Entry were peaceable, and after such Entry
made, they cut
or take away any other man's Corn, Grass, Wood, or other Goods without
apparent violence or force, though such acts are counted a Disseisin
with force, yet they seem not to be punishable by these Statutes, sc.
the
Justices of Peace are not to remove, imprison, or fine such Offenders. |
Chap. 126.
Lamb. 145. |
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Also, if one or more shall enter into another man's
House or Land
peaceably, and after his or their Entry, shall by force or violence, cut
or
take away any Corn, Grass or Wood, &c. or shall forcibly or wrongfully
carry away any other Goods there being, this seemeth to be a Forcible
Entry, punishable by these Statutes. |
Cromp. 76.
11 H. 4. 16. |
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So is it, if a man shall distrain with Force for
a Rent (be it due or not
due) this doth countervail any Entry with Force, Lamb. 147.
Br. Forc. 1. |
20 H. 6. 11. |
§. 3.
By words. |
And in these cases of Trespass only, the Justice
of Peace (upon complaint
to him made) may, as it seemeth, remove such Force; and upon
view thereof, may imprison and fine such Offenders. |
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If a Disseisor hath entred peaceably, and being
entred, shall presently
threaten to kill the Disseisee (if he re-enter) this seemeth a Forcible
Entry
in the Disseisor. See more postea sub hoc tit. |
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But note, that a Forcible Entry cannot be without
an actual Entry, for
the words of the Statute be, whosoever doth enter, &c. |
2 H. 7. 16.
Br. For. 25. |
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Note also, if one that hath right to enter upon
Land, shall go with
divers in his company, and with weapons, over the Land whereto he
hath right, to the Church, Market or some other place; this is no Entry
with Force, except he shall express his intent, that he doth enter
there
claiming the Land. |
Cromp. 70. |
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Note also, that if a man shall enter with Force
(into House or Land)
although he obtained not, nor getteth the actual possession thereby, yet
shall he be imprisoned and fined for the only entring with Force (as it
seemeth,) See the Statute: but Restitution is not to be made, but
only
where there is a Forcible putting out, or a holding out of another out
of his possession, and found by a Jury. |
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| Lawful. |
If by fair means, a man (whose Entry is lawful)
shall perswade or
intice them which are within the House, to come out, and then the door
being open or shut by the latch only, he shall enter peaceably, without
multitude, offensive weapons, or other violence; this Entry seemeth to
be justifiable. |
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So it is, if he shall enter peaceably, and then
by gentle perswasions can
send them out that are within the House, and after shut the door and keepeth
them out; this seemeth justifiable, so that afterwards he holdeth it
not forcibly, nor useth violence or threatning Speeches. |
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So it is, if I shall take a man being out of his
house, and then I do put
or send into the House my Servant (or some other) in peaceable manner,
and do hold away the other by imprisonment of his person; this is no
Forcible Entry nor Detainer within these Statutes, but a false Imprisonment,
punishable by action only. |
Lamb. 149. |
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So it is, if he whose Entry is lawful, shall enter
peaceably into his house
(the doors being open or shut by the latch only) and being so entred, shall
continue and abide there peaceably; this is justifiable. And if they
which
were before in possession, shall put or thrust him out forcibly, this is
a Forcible
Detainer of their parts. See more hereof sub hoc tit. postea. |
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§. 4.
Forcible
Detainer. |
' Forcible Detainer is a violent act of resistance
by strong hand of men
' weaponed with arms, or other account of fear in the same place, or
' elsewhere, by which the lawful Entry of the Justices, or any other is
barred or hindred. |
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