CHAP. VI. Of Trespasses in Goods.
SVch is the nature of an Offence without force.
An offence with force is a trespass, or offence against the Crown.* 1.1 For in all Inditements and Inquisitions, of trea∣son, murder, felony, trespass, &c. vi & armis must be in, else it is not good.
Trespass is a criminal offence punish∣able by a fine unto the King. So is eve∣ry contempt punishable: and for this reason no action of Trespass lieth for the Lesse for years, against the Lessor, (though he distrein without cause) for that the Statute of Marlebridge, c. 4. is, That he shall not be punished by fine and ransom; which, if he be attained in this action, he must need•• be, and for this the party must be imprisoned till he do compound. Therefore after tender af his fine, the King cannot justly detain him in prison: