| Chap. 182. |
Forcible Entry.
illo casu non manu forti, nec cum multitudine gentium, sed licito
et quieto
modo tantum; et si quis in contrarium fecerit, et inde debite convict.
fuerit,
per imprisonamentum corporis siu puniatur, et Finem ad coluntatem Domini
Regis faciat, prout in eodem Stat. inter alia plenius continetur:
Quidam tamen
T. H. de I. in Comitatu præd. Yeoman, et alii,
&c. Statutum præd' minime
ponderant. 2 die Maii, anno Regni Dom' Caroli, &c.
21 vi et armis,
viz. baculis, gladiis, falcastris et bifurcis in unum Clamsum I. C.
Militis,
jacent. apud D. in Com' præd' in quodam loco ibidem vocat.
H. super possession.
ojusdem I. C. Militis, ubi ingressus eis aut eorum alicui non datur
per Legem,
Ingressum fecerunt, et cent perticas sepium vivar. ipsius I. Militis,
adtunc et
ibidem crescent. eradicaver' evulserunt et spoliaverunt, in dicti Dom'
Regis
nunc contemptum, et ad grave dampnum ipsius I. C. Militis, et contra
formam
Statut. præd', &c.
|
503 |
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' The Lord Cromwel was indicted for a Forcible
Entry upon Andrews,
' and in the latter end they conclude thus, Et si domus præd'
non fuit in
' possessione Dominæ Reginæ, they find it billa
vera: this was adjudged a
' void Indictment, for it is Quasi a Conditione præd'. Yelv.
p. 15. |
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' Fenton and others indicted, quod unum
messag. &c. ezistens solum et
' liberum tenem,. I. S. ingressum fecerunt, and adjudged good.
1. Ingressum fecer.
' without saying in messuag. is good. 2. Existens without
adtunc relates to
' the time of the Entry. Yelv. p. 27. Yet Latch 109.
is contrary. |
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' Ford was indicted for a Forcible Entry
and Detainer, and the Jury
' found as to the Forcible Entry Ignoramus, and as to the Forcible
Detainer
' Billa vera, the Indictment being removed by Cerciorari, and
adjudged
' naught. H. 4 Jac. B. R. Yelv. p. 99. |
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' Shillet and 7 others were indicted for
a Forcible Entry upon the possession
' of B. Farmer de C. and disseising C. but lay no
expulsion of B.
' and adjudged naught: but if it had not been alledged that B.
was
' Farmer de C. but generally that they entred super possessionem
B. and disseized
' C. it had been good enough. M. 7 Jac. B. R. Yelv.
p. 195. |
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' An Indictment was endeavoured to be quashed, because
it is not said
' that he entred manu forti; but the Court said it was good, if
it be said,
' quod extratennit manu forti. 2. Exception, because a Forcible
Entry cannot
' be in medietat. manerii; but the Court held it good. Latch.
p. 224. |
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Note, that upon Indictments, &c. the Jury be
only charged with the
effect of the Bill of Indictment, sc. whether the parties be guilty
of the
Forcible Entry, (or other Fact) or not; and not whether they be guilty
in or under such manner and form as the Indictment or Bill specifieth,
or
not, (sc. not whether it were with Staves and Swords, &c. which
is but
matter of form, and must be kept in every Indictment, though the parties
had neither Staff, Sword nor other Weapon.) And so when the Jury
say
Billa vera, they say true, as they take the effect of the Bill to
be. And if
there be false latin in the Bill of Indictment, and the Jury find it Billa
vera, yet their Verdict is true, sc. as to the Fact; and their
Verdict stretcheth
not to the form of words, but to the effect of the matter, and to
the Fact, sc. they are to inquire whether there were any such Fact
done
by the parties, or not. And so though the Bill vary from the day,
from
the year, and from the place, and they Jury find Billa vera, yet
they have
given a true Verdict. Doctor and Student 162, 163. |
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And therefore the Justices of Peace before whom
such Indictments of
Forcibly Entry or of Riots, &c. shall be taken, shall do well to inform
the Jury, that they are bound to regard the effect of the Bill of Indictment,
or the Fact, and not the Form. |
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X x 2
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