it be found before any of them that any doth contrary to this Statute then the said Iustices or Iustice Justices shall cause to be reseised the Lands and Tenements so entred or holden as aforesaid and shall put the Party so put out in full possession of the same Lands and Tenements so entred or holden as before § 3. N. 3. And if any person after such entry into Lands and Tenements holden with force make a Feoffment or other Discontinuance Assurances to any Lord or other person to have Maintenance or to take away and defraud the Possession of his recovery in any wise if after in Assise or other Action thereof to be taken or persued before the Iustices of Assises or other the Kings Iustices whatsoever by due enquiry thereof to be taken the same Feoffments and Discontinuances may be duly proved to be made for Maintenance as afore is said that then such Feoffments or other Discontinuances so as before made shall be Void Frustrate and holden for none § 4. N. 1. And also when the said Iustices or Iustice Process make such Enquiries as before they shall make or one of them shall make their Warrants and Precepts to be directed to the Sheriff of the same County Commanding him of the Kings behalf to cause to come before them and every of them sufficent and indifferent persons dwelling next about the Lands so entred as before to enquire of such Entries § 4. N. 2. Whereof every man which shall be impannelled Enquest to enquire in this behalf shall have Lands or Tenements of the yearly value of forty shillings at the least by the year above Reprises § 4. N. 3. And that the Sheriff return Issue upon every of them at the day of the first Precept returnable twenty shillings Sheriffs and at the second day forty shillings and at the third an hundred shillings and at every day after the double § 4. N. 4. And if any Sheriff or Bailiff within a Franchise Return having return of the Kings Writ be slack and make not Execution duly of the said Precepts to him directed to make such Enquiries that he shall forfeit to the King twenty pounds for every Default and moreover shall make Fine and Ransom to the King § 5. N. 1. And that as well the Iustices or Iustice aforesaid Justices as the Iustices of Assises and every of them at their coming into the County to take Assises shall have and every of them shall have Power to hear and determin such Defaults and Negligencies of the said Sheriffs and Bailiffs and every of them as well by Bill at the Suit of the Party greived for himself as for the King to sue by Indictment only to be taken for the King § 5. N. 2. And if the Sheriff or Bailiff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King Sheriffs have the one Moyety of the Forfeiture of twenty pounds together with his Costs and Expences § 5. N. 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf Process as should be against Persons Indicted or sued by Writ of Trespass done with force and Arms against the Peace of the King § 6. N. 1. And moreover if any Person be put out or disseized of any Lands or Tenements in forcible manner or put out peaceably Disseisor and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the Right of the Possessor that the Party grieved in this behalf shall have Assise of Novel Disseisin or a Writ of Trespass against such Disseisor § 5. N. 2. And if the Party grieved Force recover by Assise or by a Action of Trespass and it be found by Verdict or in other manner by due form in the Law that the Party Defendant entred with force into the Lands and Tenements or them after his entry did hold with force that the Plaintiff shall recover his treble Damages against the Defendant § 6. N. 3. And moreover that he make Fine and Ransom to the King Amercement § 6. N. 4. And that Mayors Iustices or Iustice of the Peace Sheriffs and Bailiffs of Cities Justices Towns and Boroughs having Franchise have in the said Cities Towns and Boroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Iustices of Peace and Sheriffs in Counties and Countries aforesaid have Force Provided always § 7. N. 1. that they which keep their Possessions with force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their Possessions in the same by three years or more be not endamaged by force of this Statute Riot Our Lord the King c. hath ordained c. that the said Statute C. 14. § 1. N. 15. viz. 2 H. 5. Cap. 9. shall now be kept and firmly holden for a Statute for ever c. Certificat Provided always § 2. N. 1. that it be testified by two Iustices of Peace of the Counties where such Riot shall be supposed that the common Fame and Voice runneth in the same Counties of the same Riots before that the Writ of Capias shall be awarded 2 H. 5. Cap. 9. § 2. N. 1. Indictment Item 11 H. 6. C. 6. Our Lord the King considering the great Losses and Damages which often times have come and be like co come hereafter as well to himself as to many of his Leiges for that where as well divers Indictments and Suits for our Lord the King as other Suits between party and party have been taken before divers Iustices of the Peace Assigned by several Commissions of our said Lord the King in divers Counties of England and divers Pleas and Processes upon these Indictments have been often made and hanging before the same Iustices not determined the which Pleas and Processes have been often Discontinued by making new Commissions of the Peace in those Counties to the great Loss of our said Lord the King and of his Subjects in delay of the same Pleas and Suits and of the Deliverance of his said Subjects Abatement And upon that our Lord the King willing to provide remedy of the Assent and Authority abovesaid hath Ordained and Established § 1. N. 2. that in all such Pleas Suits and Processes in them to be taken and to be made before Iustices of Peace in any County of England the said Pleas and Processes in such Suits to be done shall not be discontinued by such new Commissions of the Peace to be made but these Pleas and Processes shall stand in their force Justices And the Iustices in the same new Commission so Assigned
and indifferent persons dwelling next about the Lands so Entred as before to enquire of such Entreies 2. Whereof every man which shall be Impannelled to Enquire in this behalf shall have Land or Tenement of the yearly value of xl s. by the year at the least above reprises 3. And that the Sheriff Retorn Issues upon every of them at the day of the first Precept Retornable 20 s. and at the second 40 s. and at the third time 100 s. and at every day after the double 4. And if any Sheriff or Bailiff within a Franchise having Retorn of the Kings Writ be slack and make not Execution duly of the said Precepts to him Directed to make such Inquiries that he shall forfeit to the King 20 l. for every default and moreover shall make Fine and Ransom to the King XI 8 H. 6. 9. § 5. N. 1. And that as well the Justices or Justice aforesaid as the Justices of Assise and every of them at their coming into the Country to take Assizes shall have and every of them shall have power to hear and determine such defaults and negligences of the Sheriffs and Bayliffs and every of them as well by Bill at the Suit of the party grieved for himself as for the King to sue by Indictment only to be taken for the King 2. And if the Sheriff or Bayliff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King have the one moiety of the Forfeiture of 20 l. together with his Costs and Expences 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf as should be against persons Indicted or Sued by Writ of Trespass done with Force and Arms against the Peace of the King XII 8 H. 6. 9. § 6. N. 1. And moreover if any person be put out or disseised of any Lands or Tenements in forcible manner or put out peaceably and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the right of the Possessor that the party grieved in this behalf shall have Assize of Novel Disseisin or a Writ of Trespass against such Disseisor 2. And if the party greived recover by Assize or by Action of Trespass and it be found by Verdit or in other manner by due Form in Law that the party Defendant entred with Force into the Lands and Tenements or them after his Entry did hold with Force that the Plaintiff shall recover his Treble Damages against the Defendant 3. And moreover that he make Fine and Ransom to the King 4. And that Mayors Justices or Justice of Peace Sheriffs and Bayliffs of Cities Towns and Borroughs having Franchises have in the said Cities Towns and Burroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Justices of Peace and Sheriffs in Countyes and Countryes aforesaid have XIII 8 H. 6. 9. § 7. N. 1. Provided always that they which keep their Possessions with Force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their possessions in the same by three years or more be not endamaged by Force of this Statute Justices XIV Lambert 140. This Statute 8 H. 6. 9. § N. Enableth any one Justice of the Peace to give remedy in this hurt of Forcible Entry and holding and is made as well against such as enter with force and then hold peaceably and against those that enter in peaceable sort and then maintain their possession forcibly as also against as many as do both enter and hold in forcible manner 3 Ed. 4. 19. Forcible Entry Br. 15. F.N.B. 148. Dalt 56. cap. 22. 194. cap. 76. Disseisin XV. Lambert 141 142. Walking over another mans ground to Hawk Hunt Fish cut Grass or fell Trees or taking Goods is a Disseisin with Force and Arms 34 H. 6. 26. Acc. sur Stat. Br. 8. Briefe Br. 522. 11 Ass 26. 11 H. 4. 16. 21 Ed. 3. 34. Assize 301. and yet I doubt also whether any of these be of themselves forcible Entries of that nature which these Statutes do take in hand to punish for albeit they have in them more actual force then those other Trespasses c. Yet whilst the doer of them neither executeth apparent violence against any person nor is furnished with Weapon nor armed with Company that may offer any dreadfull disturbance I see not how those Statutes which have for their only mark strong hand and multitude of people can hurt or so much as hit him Cromp. 68. § 1. Dalt 195. cap. 77. XVI Lambert 142. So that if a man were Indicted upon this Statute Riot 8 H. 6. 9. for that he Disseised another vi Armis viz. Gladiis c. without saying manu forti c. or cum multitudine c. the Bill as I think would be insufficient unless it were holpen by concluding afterwards contra form ' Statuti predicti or by some other matter that implyeth so much Dalt 195. cap. 77. XVII Lambert 145. Seisin If a Justice of the Peace come to the house that is supposed to be holden with force and there findeth but one person which obstinately keepeth the Door shut against him and will not suffer him to enter this is a forcible holding by Marrow So is it if when the Justice entreth the house he shall find persons harnessed or in other Warlike sort appointed or having such furniture lying ready in the House to be used by them by Marrow But if a man shall peaceably enter into a House wherein he findeth Armor or Weapon for the War then as I think the only suffering it to remain there without the use thereof will not charge him as a forcible holder Crompt 70. b. § 40. Dalt 57. cap. 2◠197. cap. 77. Boult 123. cap. 29. § 11. XVIII Lambert 146 147. Touching the Recording of the Force Reeords although both this Statute 8 H. 6. 9. § 2. N. 3. 15 R. 2. 2. § 1. N. 2. have mention that the Justice shall upon complaint made unto him by the party grieved go to the place c. yet that doth not inforce any necessity of such complaint for it is holden 7 Ed. 4. 18. Crompt 64. a. that a Justice of Peace may Record a forcible Entry or holding or may enquire of it and make restitution also upon any Information or knowledge thereof whatsoever tho no complaint at all be brought unto him by any party grieved thereby Poult de Pace 38. § 16. Boult 122. cap. 29. § 8. XIX Crompt 67. b. 68. a. § 4. Justices If a man enters with Force upon the possession of a Justice of Peace it seemeth he himself may Record this Force and Commit him tho he is party himself to the matter
cap. 17. The Sheriff or Bayliff c. may take the power of the County to Replevie Cattle driven into Castle Process II. 13 Ed. 1. W. 2. cap. 39. § 1. N. 25. And if Resisters of the Kings Process Retorn by the Sheriff be convict of such resistance they shall be punished at the Kings pleasure neither shall any Officer of the Kings meddle in assigning the punishment for our Lord the King hath reserved it specially to himself because that resisters have been reputed disturbers of his Peace and of this Realm Entry III. Lambert 2. cap. 4. pag. 135. It seemeth that before the troublesome Reign of King Richard the Second the Common Law permitted any person which had good Right or Title to enter into any Land to win the possession thereof by force if otherwise he could not have obteyned it Crom. 67. b. § 1. 7 H. 6. 13. Forcible Entry Br. 2. Crompton 65. b. § 61. Boult 1. cap. 29. pag. 121. Dalt 193. cap. 76. Disseisor IV. Lambert 135. For a man may see in Britton 115. cap. 44. Bract. 162. b. 163. a. That a certain respite of time was given to the Disseisee according to his distance and absence in which it was lawfull for him to gather Force Arms and his Friends and to throw the Disseisor out of his wrongfull possession Trespass V. Lamber 135 136. And at this day if in a Common Action or Indictment of Trespass for entring into Lands the Defendant will make Title thereunto the matter of the Force alledged against him will rest altogether upon the validity of his Title as appeareth 7 H. 6. 13. 40. Lambert 147 148. 9 H. 6. 19. Forcible Entry Br. 18. Dalt 193. cap. 76. Boult 1. cap. 29. pag. 122. § 2. Entry VI. Lambert 136. But after the rebellious tumult and Insurrection of the Villains and other the base Commons which happened 4 Rich. 2. the Parliament thinking it necessary to provide against all such occasions of further Sedition Uproar and breach of Peace did ordain among other things 5 Rich. 2. 7. That none from henceforth make any Entry into any Lands and Tenements but in Case where Entry is given by the Law 2. And in such Case not with strong Hand nor with multitude of People but only in Peaceable and easie manner 3. And if any man from henceforth do the contrary and thereof be duly Convict he shall be punished by Imprisonment of his body and thereof Ransomed at the Kings will Crompt 67. b. § 2. Boult 112. cap. 29. § 3. Justices VII Lambert 136 137. But because 5 R. 2. 7. provided no speedy remedy in this poinr nor extended to holding with force nor left any special power therein to the Justices of the Peace in the Country whereas the experience of that unquiet time required a more ready hand to the supression of such disorder and Justices of the Peace were then 13 R. 2. 7. newly chosen in all the Counties of England therefore it was further enacted 15 Rich. 2. 2. § 1. N. 2. that at all times that such forcible Entry shall be made and complaint thereof cometh to the Justices of Peace or to any of them that the same Justices or Justice take sufficient power of the County and go to the place where such force is made 3. And if they find any that hold such place forcibly after such Entry made they shall be taken and put in the next Goal there to abide Convict by the Record of the same Justices or Justice untill they have made Fine and Ransom to the King 4. And that all the people of the County as well the Sheriff as other shall be attendant upon the same Justices to Arrest such Offenders upon pain of Imprisonment and to make Fine to the King 5. And in the same manner it shall be done of them that make such forcible Entries in Benefices or Offices of Holy Church Crompt 67. b. § 3. Boult 122. cap. 29. § 4. Dalt 194. cap. 76. VIII Lambert 137 137. But yet again Restitution forasmuch as 15 R. 2. 2. did not extend to those that entred Peaceably and then held with Force 2. nor yet reached to the Offendors if they were removed before the coming of the Justices 3. Nor made restitution of the Possession so forcibly gotten 4. Nor gave any pain against the Sheriff that did not obey the Precepts of the Justices in this behalf it was ordained c. 8 H. 6. 9. § 2. N. 3. that where any doth make any forcible Entry in Lands and Tenements or other possession s or them hold forceably after complaint thereof made within the same County where such Entry is made to the Justices of Peace or to one of them by the party grieved that the Justices or Justice so warned within a convenient time shall cause or one of them shall cause the said Statute 15 R. 2. 2. duely to be executed and that at the Costs of the party so grieved Crompt 68. § 5. Boult 122. cap. 29. § 5. Dalt 194. cap. 76. 58. cap. 22. IX 8 H. 6. 9. § 3. N. 1. And moreover tho that such persons making such Entries be present or else departed before the coming of the said Justices or Justice notwithstanding the same Justices or Justice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the People of the same County as well of them that make such Forceable Entries in Lands and Tenements as of them which the same hold with force 2. And if it be found before any of them that any doth contrary to this Statute of 8 H. 6. 9. then the said Justices or Justice shall cause to reseise the Lands and Tenements so entred or holden as afore and shall put the party so put out in full possession of the same Lands and Tenements so entred or holden as before 3. And if any person after such Entry into Lands or Tenements holden with force make a Feoffment or other discontinuance to any Lord or other person to have maintenance or to take away and defraud the possessor of his recovery in any wise if after in Assize or other Action thereof to be taken or pursued before Justices of Assize or other the Kings Justices whatsoever by due enquiry thereof to be taken the same Feoffments and discontinuances may be duly proved to be made for maintenance c. that then such Feoffees or other discontinuances c. shall be void frustrate and holden for none X. 8 H. 6. 9. § 4. N. 1. And also when the said Justices or Justice make such enquiries as before they shall make or one of them shall make their Warrants and Precepts to be directed to the Sheriff of the same County Commanding him on the Kings behalf to cause to come before them and every of them sufficient