| Chap. 44. |
Forcible Entry.
(or of any Benefices or Offices of the Church) contrary to these Statutes,
without any examining, questioning, or standing upon the Right or Title
of either party, ought in convenient time) at the costs of the party grieved)
to do Execution of these Statutes in manner and form hereunder following.
See Lamb. 150. |
81 |
15 R. 2. 2.
Lamb. 152. |
1. First, he ought to go to the place where
such force shall be. And he
may take with him sufficient power of the County, or Town, by his discretion,
and the Sheriff also, if need be, to aid him, for the better Execution
of this business; sc. as well for the arresting of such Offenders,
as also
for the removing of the Force, and for the coveying of them to the next
Gaol. And whosoever (of that County) shall refuse to attend and assist
the Justice of Peace herein, shall be imprisoned, and make Fine to the
King. 15 R. 2. cap. 2. |
§. 1.
View. |
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2. He ought to arrest and remove all such
Offenders, as at his coming he
shall see or find continuing the Force; and may take away their Weapons,
Harness, and Armour, and presently cause them to be prized, and after to
be answered to the King as forfeited, or the value thereof. Vide.
Libr.
Intrat. tit. Faux. Imprisonment, di. 7. |
Arrest. |
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If the doors be shut, and they within the House
shall deny the Justice
to enter, it seems he may break open the house to remove the Force. |
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But if such Offenders, being in the House at the
coming of the Justice,
shall make no resistance, nor make shew of any Force, then the Justice
cannot arrest or remove them, except upon the Enquiry after, a Force be
found. See Cromp. 73. and the other title, Forcibly
Entry. |
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| Cromp. 71. |
Also if the House or Land which is holden with Force
shall extend into
Two Counties, and the Offenders remove their Force into that part of
the House or Land which is in the other County, when the Justices do
come, they cannot then remove the Force. |
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14 H. 7. 8.
Co. 8. 121. |
And if the Justice at his coming shall see or find
a Force; and shall remove
the Offenders, yet he may not upon this his own view restore the
party ousted to his Possession again, without inquiry first made of the
Force by a Jury, as appeareth hereafter. |
§. 3.
Restitution. |
Lam. 5.
163 & 375. |
3. Also the Justice ought to make Record of
such Force by him viewed;
which Record shall be a sufficient Conviction of the Offenders, and
the parties shall not be allowed to traverse it. |
§. 4.
Record. |
21 H. 6. 5.
Br. Peace
4.
Co. 8. 120.
P. 2. |
And this Record (being made out of the Sessions
by a particular Justice)
the said Justice may keep by him; or he may make it indented, and certifie
the one part into the King's Bench, or to leave it with the Clerk of the
Peace, and the other part he may keep himself. |
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The Form of the Record; see the other title, Forcible
Entry among the
Precedents. |
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4. Also he ought to commit (immediately) to
the next Gaol all such
persons as he shall find and see continuing the Force at his coming to
the
place; the said Offenders there to remain convict by his own eye, Testimony
and Record, until they have paid a Fine to the King, (or given Security
for
the payment thereof:) for this Sight and View of the Force by the
Justice
(being a Judge of Record) maketh his Record thereof (in the Judgment
of the Law) as strong and effectual, as if the Offenders had confessed
the
Force before him; and (touching the restraining of Traverse) more effectual
than if the Force had been found by a Jury upon the Evidence of
others. |
§. 5.
Imprison. |
| P. 2. |
And yet the words of the statute seem more large;
sc. And if he do
find any that made any such Forcible Entry, or that hold the place with
Force, &c. he shall commit the Offenders to the Gaol, &c.
But such Force |
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