Three learned readings made upon three very usefull statutes

II.

What manner of persons are bound to goe with the Iustices to re∣move the force, and what not, and how they shall be required and taken to doe it, and their punishment upon refusall; and where upon the view of a force detained within this Statute, the Iustices may remove them, and where not; then where the Iustices upon such a view may arrest and commit the offen∣ders to prison, and where not; and who shall be said offenders, and punishable by this Statute, and who not; and also upon a force committed within the purview of this Statute, the Iustices may Record it, and where not, and of what force such a Re∣cord shall be, being so made.

1. A man attainted of Felony, or convicted of Heresie, up∣on request made, is compellable to goe with the Ju∣stices to remove a force.

2. A man who is condemned by judgement in a praemunire, and who hath abjured the Realm, yet he is not bound to goe before request with the Iustices to remove &c.

3. But if he who hath abjured the Realm goeth not to the Port with speed as he hath abjured to doe, then upon request he is bound to goe with the Iustices to remove a force by this Statute.

4. An alien born, and not made a denizen, or a man who is of non-sane memory, is not bound to goe with the Iustices to remove a force by this Statute.

5. An Infant within the age of 14 yeares, or any woman sole or covert, are not bound by this Statute to goe with the Iustices to remove a force.

6. Every Apprentice, Servant, Villain or in gard, are also bound upon lawfull request to goe with the Iustices by this Statute to remove a force.

7. Dukes, Earles, Barons, and all manner of Lords are also bound to goe with the Iustices by this Statute to remove a force.

8. A man who is in prison, or let out by baile to others for debt, or trespasse, is not bound by this Statute to goe &c.

9. But he that is let out by Maine-prise before request, is bound to goe with the Iustices &c.

10. If Hue and Cry be made at one end of the Town, and the iustices require them at another end of the Town, they are bound to goe with the Iustices to remove a force by this Statute.

11. But if they have taken a Fellon upon such a Hue and Cry, or that they are in pursuit of a fellon at the time of the request, then they are not bound to goe with the Iusti∣ces to remove a force hy this statute.

12. If the Sheriffe, Constable, or Bayliffe, by comman∣dement of the Iustices, without any Warrant, Processe, or Precept in writing, require any person to goe with the Iusti∣ces to remove a force, they are not bound to doe it by this statute.

13. An officer (although that he hath sufficient authority so to require them) yet he cannot arrest or imprison them upon theit refusall by this Statute.

14. But the Iustices themselves may require them being in their presence by word only, without matter in writing, and upon their refusall imprison them, and assesse a fine &c.

15. If a forcible entry, and detainer with force be made upon the possession of a Iustice of Peace, he himselfe upon the view of it, cannot remove the force.

16. But if upon such a force committed, they also assault the Iustice himselfe, then he may upon such assault commit them to prison.

17. If one part of the house which is detained with force, be in one County, and the other in another County, and when the Iustices come to remove the force, and before they can ar∣rest them, they goe into the other part of the house which is in another County, there they cannot remove the force, by this &c.

18. If a man enter the house of another with force, and thereupon as they are fighting together with the owner of the

house which of them shall have the possession thereof, the Iustices come to remove the force, there they may remove the force with the Owner of the house, but not the house.

19. If a man enters the house of another, and expelleth the Owner of the house, to one of part or end of the said house, and he who so enters detaineth the house with force, the Iusti∣ces being there, may remove the force, and commit the offen∣der to prison by this Statute.

20. The same Law is, if a house be in one County, in which there are men in harnish to beat them, who will enter into a house which he had also neare adjoyning in another County, the Iustices upon the view thereof, may also remove this force by this Statute.

21. But if both houses so neare adjoyning are within one and the same County, then the Iustices may remove upon the view, and commit the offenders to prison by this Statute.

22. If the Iustices are present in the same place upon other businesse where such a forcible entry is to be made, the Iustices when they are informed thereof, and before any detainer can∣not arrest them, and commit them to prison by this Statute.

23. If the Iustices come to remove a force, and upon arrest made the offenders escape into another County, the Iustices cannot arrest them, nor commit them to prison by this Statute although it be upon fresh suit.

24. But if the Iustices upon their comming to remove a force, and before any arrest made, the offenders escape into another County, the Iustices there upon fresh suit may arrest them, but not commit them to prison: but if they were in a Fortelet or Castle within the same County, then the Iustices upon fresh suit may arrest, and commit them to the Goale by this Statute.

25. If Iustices come to remove a force, and the offenders be∣fore any arrest make an escape for that time, but the morning after they are brought back againe before the same Iustices to the same place by vertue of their precept, yet they cannot commit them, by force of this Statute.

26. The same Law is, if the offenders before arrest

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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 tra∣verse 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, re∣cord 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 Ju∣stices 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 Sta∣tute, I intend this day with your patience to shew unto you my conceit.