| Chap. 44. |
Forcible Entry.
of such Entries, or putting or holding out, and in other Articles aforesaid
rising within the same, as the Justices of Pace and Sheriffs in Counties
and Shires have. |
85 |
| 1 Ed. 3. 3. |
Also every Justice of Peace, to whom a Writ upon
the Statute of Northampton
concerning the removing of a Force shall be delivered, ought to
execute the same Writ, sc. he ought to remove the Force, and to
certifie his
doings therein into the Chancery. |
§. 12.
The Statute
of Northampton. |
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And for that the Justice of Peace to whom this Writ
shall be delivered is
herein but a Minister, and is to certifie that which he shall do therein,
I
will here set down the manner how he shall proceed to execute this Writ. |
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First, When the Justice of Peace shall come to the
place where the Force
is supposed, by this Writ, he may cause Three Oyes for silence to
be made,
and then he may make Proclamation in the Kings name to this effect.
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| Lam. 173. |
The Kings Majesties Justice of Peace streightly
chargeth, and in his
Majesties Name commandeth, all and every person to keep silence, whilst
his
Majesties Writ, &c. be read, and Proclamation be thereupon made accordingly.
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2. Then he may read or cause to be read, the
Writ, or may declare the
effect thereof. |
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3. Then let Three other Oyes be made;
and thereupon make Proclamation
again, as followeth.
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| Fitz. 249. |
His Majesties said Justice doth in HIs Highness
name, and by virtue of
His Majesties Writ, streightly charge and command, That no manner of person,
of what estate, degree or condition soever, now being within the house
of B. &c. (named in the said Writ) shall go armed, or keep force of
Armour
or Weapon, nor do any thing there, or elsewhere, in disturbance of His
Majesties
Peace, or in offence of the Statute made at Northampton in the Second
year of King Ed. 3. upon pain of losing his said Armour and Weapons,
and
of imprisoning his body at his Majesties pleasure.
God save the King.
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4. Then the Justice of Peace may enter and
search whether there be any
force of Armour or Weapon worn or born, against this Proclamation, otherwise
he may enquire thereof by a Jury, (for so the Writ it self doth Warrant
him.) And if after Proclamation any such Offenders be found, he ought to
imprison the Offenders, and to seize to the Kings use, and prize (by the
Oaths of some present) the Armour and Weapons so found with them; and
the Offenders so imprisoned are to remain in prison until that some other
Commandment be given concerning them from His Majesty, or his Justices.
See the Writ, Fitz. 249. and the Title, Bailment postea. |
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Crom. 74.
162. |
But if, upon the Proclamation made, they do depart
in peaceable manner,
then hath the Justice no Warrant by the Writ to commit them to prison,
nor to take away their Armour. |
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But when the Justice hath removed the Force, (upon
this Writ) he may
not put the party that was put out, in possession again; for if he do,
it
seemeth both the Justice and the party also are punishable: for the
Writ
doth authorise the Justice only to remove the Force, and not to make Restitution. |
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The form of this Writ upon the Statute of Northampton,
you may see
in Fitz. N. B. 249. |
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I
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