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Forcible Entry, &c.
any such matter, for that B. may afterwards have his Action for
the burning
of his house, or spoiling of his goods, and shall thereby recover
damages, to the value thereof, &c. |
Chap. 126. |
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Also when B. shall come to make his Entry
as aforesaid, if A. shall say
to him, that he will not open the door. This is no Forcible Detainer. |
Cromp. 70. |
where no
Fact, no
Force. |
So it is if A. be in possession of an house,
or hath a Leas thereof at the
will of B. entreth into the house, and commandeth A. to
go
out, and leave him in the possession; and A. will not go out,
this is no
Force; for refusing or denying only to go out, is no Force, unless
there be
withal some forcible Act or threatning Speeches. Ubi factum
nullum, ibi
fortia nulla. Where there is no Fact, there is no Force.
Co. 4. 43. |
Cromp. 73. |
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A. mortgageth his house to B. upon
condition, That if A. shall pay to B.
such a day 40 l. then the said Mortgage and Feoffment to be
void, and
by agreement of them both, A. the Mortgager continueth the Possession,
until the day of Redemption, at which day A. payeth not the
40 l.
and
after B. cometh to re-enter, and A. keepeth the Possession
by force. This
is a Detainer by Force in A. This was Mr. Richard Godfreys
opinion between
Willows and Turger. |
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The Disseisor maketh a Gift in Tail to B. who
keepeth the Land with
Force, at the time when the Disseisee maketh his Claim, which Claim is
made within the view so near as he dareth, for fear of death, battery,
or
other bodily hurt, if B. after such Claim shall continue the Possession
with
Force, he may be thereof indicted, &c. for this amounteth to a new
Entry,
and a Detainer with Force by B. |
Cromp. 69.
Lit. 429. |
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And note, that wheresoever mine Entry is lawful,
if the Possession be
detained, or holden from me by Force, I may pray the aid of the Justices
of Peace to remove such Force as it seemeth. |
Lamb. 147.
Cromp. 70.
P. R. 53. |
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If a Man hath a Rent or Common of Pasture out of
another Mans Land,
and coming to distrain for his Rent, or to use his Common, he is so forceably
resisted by the Tenant of the Land, that he cannot, or dareth not, either
distrain for his Rent, or take the benefit of his Common; This is a
Holding with Force in the Tenant, and punishable by these Statutes. |
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So it is, if the Tenant of the Land shall forestal
the way with Force and
Arms, or shall threaten him (that hath Rent or Common) so that he
dareth not to come to distrain for his Rent, or to take his Common. |
Crom. 155. |
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So it is, if a Man shall distrain for his Rent,
and the Tenant of the
Land shall make Rescous with Force and Arms. |
Ibid. |
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And in these Cases of a Rent, or Common, the Justice
of Peace upon
complaint to him made, may remove such Force, and upon view of such
Force may record it, and may therefore imprison and fine such offenders,
but cannot award Restitution, sc. Cannot restore the party
to his Rent or
Common, which are to be taken, and used in another Mans Land, for Restitution
is not to be made, but only of House or Land, as you may see
hereafter. |
Br. Imp.
70. |
§. 6.
The Persons. |
One person alone may commit or make a Forcible Entry,
or Detainer,
if so be he do it with offensive Weapons, not usually born, or do use
turbulent Behaviour, violence or threats, &c. to the affray or terror
of
others; or do refuse to suffer the Justice of Peace to enter. |
Lamb. 174.
Co. L. 257. |
Who may be
guilty of
it. |
An Infant of the age of eighteen years, by his own
act may commit a
Forcible Entry or Detainer; and so he may, though he be under eighteen,
if so be that he be of the age of discretion, (sc. of the age of
fourteen years.)
See Perk. f. 10. b. And it seemeth the Justices may
fine him therefore. But yet
it shall be good discretion in the Justice of Peace to forbear the Imprisonment
of such Infants. See Br. Imp. 43, 45, 75, 101, & hic
post. tit. Imprisonment. |
Cromp. 69. |
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