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Forcible Entry, &c.
But now by the said Statute made 21 Jac. c. 15.
It is Enacted, Such
Justices or Justice of Peace, as by reason of any Act of Parliament, now
in
force, are authorized upon Inquiry to give restitution of possession unto
Tenants of any Estate of Freehold, of their Lands, Tenements, which shall
be entred upon with force, or from them with-holden by force, shall now
have the like and same authority (upon Indictment of such Forcible Entries,
or forcible With-holdings before them duly found) to give like restitution
of possession unto Tenant for term of years, Tenants by Copy
of Court Roll, Guardians by Knights Service, Tenants by Elegit, Statute
Merchant, and Staple of Lands or Tenements by them so holden, which
shall be entred upon by force, or holden from them by force. |
Chap. 127. |
§. 9.
Weapons. |
Now to shew something more, what the Law accounteth
to be Force,
and what Weapons be offensive, in these and the like Cases. |
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Master Bracton saith, Omnes illos dicimus
armatos, qui habent cum quibus
nocere possunt. Which have any thing about them, wherewithal
they may
strike or hurt. |
Co. L. 162. |
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And therefore to have Harness, Guns, Bows and Arrows,
Cross-bows,
Halberts, Javelins, Bills, Clubs, Pikes, Pitchforks or Swords not usually
born by the parties, shall be said to be vis armata. |
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Again, Si quis ver. crit cum armis & defecerit,
vis tame armata dicitur,
sufficit enuns terror armorum. |
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Si quis venerit sine armis, & in ipsa concertatione,
ligna sumpserit, fustes
ant lapides, vis dicitur armata. |
Ibid. |
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And so to use casting Stones, hot Coals, scalding
Water or Lead or any
other thing wherewith one may hurt the person of another, shall be
said
to be vis armata, armed Force or Force with Arms.
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§. 1. |
Lawful Force. CHAP. CXXVII.
V. 78.
WHere a Force or Forcible Defence is justifiable,
and where
not. |
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Force being opposed against the Law, is utterly
forbidden; but being
used in the maintenance of the Law, and with the Warrant of Law, it is
allowed, for that it maintaineth the peace of the Realm: And therefore
Force may lawfully be used by all the Kings Officers, Ministers and Subjects
thereunto deputed for the Execution, or advancement of Justice, or
of the Judgments of the Law. |
P. R. 41. |
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And so first it is a lawful Force whereby all Offenders
in Treason, Felony
and other great Crimes, be pursued, apprehended, carried to Prison
and receive their condign punishments. |
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It is a Lawful Force, whereby the Sheriff and his
Officers do apprehend
any person by vertue of the Kings Writ. |
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It is a Lawful Force, whereby Justices of Peace
do remove unlawful
Entries or Holdings of Possessions and repress Rioters, and do arrest and
send to prison such Offenders. |
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And in these and the like Cases, the Kings Officers
(sc. the Sheriff,
Justice of Peace and Constable) may take the help of others (what number
they shall think meet) to assist them, when need shall require. See
hereof, Postea in tit. Posse Comitatus. |
3 H. 7.
Br. Plow.
31. |
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Also it is a Law of Force, which Justices of Peace,
Sheriffs, Coroners
and Constables, shall use in apprehending or committing to prison such
as
within their several Jurisdictions, and in their presence shall in any
sort |
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