Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	commission_n	justice_n	session_n	2,519	5	10.6842	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A81944	Three learned readings made upon three very usefull statutes: the first, by that great and eminent sage of the law, Sir Iames Dyer, of the Middle Temple, upon the statute of 32.H.8.Chap.I. of Wills, and 34. & 35. Hen.8.Chap.5. for the explanation of that statute. The second, by Sir Iohn Brograve, of Grayes Inne, sometime his Majesties attourney of the dutchy of Lancaster, upon the statute of 27.H.8.Chap.10. concerning jointures. The third, by Thomas Risden esquire, of the Inner Temple, upon the statute of 8.Hen.6. Chap.9. of forcible entry.	Dyer, James, Sir, 1512-1582.; Brograve, John, Sir, d. 1613.; Risden, Thomas.	1648 (1648)	Wing D2929; Thomason E437_35; ESTC R204745	84,448	129

precept yet they cannot commit them by force of this Statute 26. The same Law is if the offenders before arrest escape for that time and after on the same day the Iustices meet them in another place yet they cannot commit them to prison by this Statute 27. If the Iustices in going to remove a force meet some of the offenders by the way in harnish yet the Iustices cannot arrest them nor c. 28. The same Law if the Iustices meet some in harnish which are going to the said place to detaine with force yet they cannot arrest them nor commit them c. 29. If the Master with his Servants come to the house of another the Master committeth a forcibly entry his Servants not knowing his intent before the fact he is an offender by this Statute and none of his Servants 30. If an entry with force be made to the use of another who agreeth thereunto yet he to whose use the entry is made is no offender by this c. 31. The same Law if one make a forcible eutry into the house of another and thereupon imprison the party in the same house and he himselfe also remaineth there with force the Iustices may remove it by this Statute 32. If a forcible entry be made in the Land of another by the commandement of one who is not present yet he who made the commandement is not any offender by this Statute 33. If divers in company assemble and some of them without the others make a forcible entry and thereupon the others without them who made the entry detaine this with force there all together are offenders as well for the entry as for the detaining 34. If the Iustices come to remove a force and before that they can arrest the offenders they escape from thence upon that the Iustices may well Record this detainer with force by this Statute 35. If a Iustice come to the place where the force was and before any Record thereof made he is put out of Commission of the peace he cannot then make any Record by this Statute 36. If the Sheriff is made Iustice of peace and after in the same yeare that he is Sheriff he commeth to the plac where the force was he cannot make a Record of this by the Statute 37. A woman being Sheriff by inheritance marrieth with a Iustice of Peace and upon a force made commeth to the place to remove it and before that he can take them they escape he may Recod this by the Statute 38. If the Iustices upon their comming to remove the force make a Record thereof and commit the offenders to prison and although that it appeareth by the same Record that it was not a force upon the matter yet no remedy for the party so convicted 39. If the Iustices make a Record that they did see where indeed there was no such matter yet the parties cannot traverse it 40. If the Iustices come to remove a force and a rescusse is made to the officers and others there present to remove them they may Record that as well as the force 41. But if the Iustices upon the view of the force there record a murther maime or manslanghter this is no Record by this Statute I Have shewed unto you in my last Reading what persons are bound to go with the Justices to remove a force and what not and how they shall be taken and required to doe it and the punishment upon refusall And whereupon the view of a detainer with force within the purview of this statute the Justices may remove it where not and then where the Iustices upon such view may arrest and commit the offenders to prison and where not and who shall be said an offender and punishable by this Statute and who not also where upon a force committed within the parview of this Statute the Justices may remove it and where not then what things they may there Record and what not and of what force such Record shall be being so made And for that that Statute in the first branch goeth further and Ordaineth That although such persons making such entries are present or avoided before the comming of the said Iustices or Iustice c. by which branch is remedied one of the mischiefes or defects remaining before not remedied by the Statute of 15. R. 2. touching the departure of the Offenders before comming of the Iustices to whom power and authority is given by this branch to inquire by all of the same Commission as well for such forcible entries in Lands or Tenemems as for the detainer of them with force and then by another clause there insuing it is ordained That if it be found before any of the Iustices that any doe the contrary c. by which clause the party so ousted shall have his remedy by way of restitution as it appeareth by the letter thereof and upon these two severall branches of this Statute I intend this day with your patience to shew unto you my conceit III. What shall be a good and sufficient Enquiry by this Statute and what not and by what inquest or inquiry restitution shall be made and by what not and then by whom it shall be made and whether by Writ or without Writ 1. IF the Iustices of Peace goe to remove a force and before their comming the offenders are avoided by force of which other Iustices then those who had the view make inquiry this is a good enquiry by c. 2. If the Iustices goe to remove a force and before their comming the mis-feasors are avoided whereby the same Iustices a Month after or more make enquiry this is a good enquiry by this Statute 3. If the Iustices of Peace upon a force committed and complaint thereof made make enquiry thereof without going to the place it selfe where the force was this is also a good inquiry by this Statute 4. If the Iustices go to remove a force and before their comming to the place where the force was they make a Record of it and at another time they make also enquiry thereof which agreeth with their Record before made this is a good enquiry by this Statute 5. But if the Iustices upon the view of the force make a Record thereof and their Record containeth that the force was made with twenty persons and the enquiry found it but with tenne persons this enquiry is not good by this Statute 6. If severall enquiries be made by severall Iustices upon the forcible entry every one of them is a good inquiry by this Statute 7. If the Iustices in their enquiry of force present an inquest by persons not sworn to doe it and yet the enquiry maketh mention that they were sworn then this is a good enquiry by this Statute 8. If the enquiry be made under the number of twelve this is not any good enquiry by this Statute 9. If any of the Iurors by whom such inquest is taken are persons attainted of a false

c. the husband dies The wife before Entry surrendreth to the heir of the husband this is an agreement c. so an Attornment is an agreement c. FINIS The Reading of Thomas Risden in the Inner Temple made in the 20th year of the Reign of our late Soveraigne Lady Queen Elizabeth upon the Statute of 8. H. 6. chap. 9. of forcible Entry c. AT the Common Law before the making of any of the Statutes of forcible Entry every man might have entred into Lands or Tenements with force and might have also detained them with force upon good title and no way punishable as well as a man at this day upon good title may take and detaine his goods and Chattels out of the possession of a stranger with force and the effect of the issue in Trespasse thereupon brought was upon the title of the Parties and if found for the Plantiffe he was by that excused of the force but then if any man were found guilty of any such Entry with force the Iustices would assesse a greater fine in that Case then for other common trespasses And the same Law also was before any Statute thereof made that if any man were killed maimed or grievously wounded upon such forcible Entries Constables and other officers of the King might arrest them and carry them to prison but if no such act done as murther manslaughter or the like mischiefe then had not the officers any thing to doe with the matter although they were present at the same time And thereupon commeth the Statute of 5. R. 2. cap. 7. which Statute in a manner prohibiteth that it shall not be lawfull for any man to enter into any Lands or Tenements with force although his Entrie be lawfull and this Statute maketh force materiall in any action thereupon brought but yet this Statute doth not give any power to the Iustices of Peace to meddle with any such forcible Entrie except by a generall enquiry thereof made in their Sessions of Peace and not otherwise whereupon came the Statute of 15. R. 2. chap. 2. and thereby it is ordained that if any man enter into Lands or Tenements with sorce and detain also with force that after this Entrie the Iustices or one of them within the same County come with the power of the County and view the place of such forcible Entry made and if the same Iustices finde any men holding the same place with force that then they shall take them and commit them to the Goale as persons convicted of forcible Entry by their Record there to continue untill they have made a fine at the discretion of the same Iustices which Statute notwithstanding there remained divers other defects not remedied thereby for no remedy was given against them by the said Statute who enter peaceably and after their Entry detain with force neither is there any remedy given if the persons who entred be gone away before the comming of the Iustices nor no paine ordained by this Statute against the Sheriff if he will not execute the precept of the Iustices when they or any of them will inquire of any matter neither was the party by the said Statute to have any manner of restitution whereupon this Statute of 8. H 6. chap. 9. was made which provideth remedy as well for those defects before remembred as for the matters here ensuing as it appeareth by the letter of the same Statute the which Statute also maketh the force materiall as by the Statute of 5. R. 2. as well by way of inquirie as by action so every Party ought to mention the force in their severall Pleas but yet in any action brought thereupon if the parties joyn their issue upon their speciall pleading then such issue shall be alwayes upon the title and not upon the force and for that if the title be found for the Plantiffe the Defendant is ipso facto convicted of the force and if it be found for the Defendant he is also excused of the force and in none of the said Cases the force is inquireable but the title found with the one or other maketh an end of all as to the parties or for any thing which accrueth by the using of such an action wherein it varieth in some thing from the Statute of 5. R. 2. but yet he that committeth the force shall make a fine to the King notwithstanding this title and also in the same action if it be in a generall issue the force shall be inquired although the title be found for the one or other and so the diversity is but now this Statute of 8. H. 6. c. 9. that from henceforth if any make such forcible Entry c. by which words in the first branch of this Statute there was no onely like Law for the Entry and also detainer with force as is by the statute of 15. R. 2. but also for Entry which is made in peaceable manner and after detained with force c. upon which words in the first branch of this Statute I intend with your patience to show to you my simple conceit I. What shall be said a forcible Entry by this first branch of this Statute and what not what also shall be said a detaining with force within the purview of this Statute and what not and then who shall bee said a Party grieved to make complaint and tender the costs by this first branch c. and who not 1. IF two men or more be in harnish and having also in their hands sundry weapons who enter the house of another to have the possession thereof whereupon the party departeth a farre of without any other violence to him done this is a forcible Entry within the purview of this Statute See 11. H. 4. 14. 2. But if two men or more being arrayed in harnish and weapons enter the house of another by the doore being open and it is not known to what intent and thereupon the parties aforesaid notwithstanding the Tenants are remaining in quiet without violence used this is not any forcible Entry c. 3. If two or more enter the house of another in peaceable manner by the doore being open and upon their Entry with force and violence against the will of the party put him out of possession this is a forcible Entry by this Statute 4. If one sole person break the house of another and enter by the windowes against the will of the Owner and thereupon hee threatneth the party whereby for doubt he forsaketh the house this is a forcibly entry 5. If a forcible Entry bee made in the house of another for to fight with the party there dwelling whereupon he for doubt departeth thence and his enemies also this is not a forcible Entry c. 6. If a man make a Lease for life and after grant the Reversion to the same Lessee upon condition which is broken on the part of the Lessee thereupon the Leasor enters with force to gaine the