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A04754 The Complete justice a compendium of the particulars incident to justices of the peace, either in sessions or out of sessions : gathered out of the statutes, reports, late resolutions of the judges, and other approved authorities : abstracted and cited alphabetically for their ready helpe, and the ease of inferiour officers, and for the generall good of the kingdome. 1637 (1637) STC 14887.5; ESTC S4353 145,933 304

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the person Dal. 169. Lam. 137 146. If entry be peaceable and the detainer forcible it is punishable except quiet possession had been had for three yeares Dal. ibid. To deny a Justice of Peace to enter upon supposure of a forcible detainer is forcible detainer though it be but by one person and no weapons shewed Dal. 169. Lamb. Cro. 70. b. P. R. 4. 1. Lamb. 145. If the Justice enter and findeth any arrived or any armour or unusuall weapons lying by them or finde more then the ordinary family Dal. ibid. Lamb. 145. What shall be said a forcible detainer To enter peaceably and after to bring in more weapons or use the weapons found in the house to defend his possession or place some with weapons in a house adjoyning ready to assail the enterers Dal. 169. Lamb. 145. The disseiser forstalleth the way of the disseised with force so that he dare not come near Dal. 170. Cro. 69. Lamb. 145. To keep Cattel by force where he hath no common the Justice may imprison and fine but not make restitution Dal. ibid. Cro. ibid. P. R. 39. Forcible detainer to resist the lord in taking ●… distresse Lamb. 146. Dal. 141. Cro. 70. a. P. R. 39. To detain a house morgaged by force from the morgager is forcible detainer Dal. 170 171. What is forcible detainer by word To enter peaceably and after to threaten to kill the disseiser if he come again Dal. 170. Lamb. It seemeth to amount to a forcible detainer to threaten to maym him beat or do bodily hurt to the disseised if he come again Dal. ibid. for that death may ensue upon such beating or hurt What is not forcible detainer One entreth peaceably into a house and finding armour or weapons doth not remove them L. 145. To threaten to burn his house or spoil his goods to deny to open the doores to deny to go out Dal. 170. What is forcible detainer of rent The tenant resisteth so forcibly that the owner cannot distrain for his rent nor use his common of pasture Dal. 171. The tenant forestalleth the way by force and armes or threatneth him that hath the rent or common that he dareth not distrain or use his common ibid. The tenant maketh rescous of the distresse with force and armes In these cases of rent or common the Iustice may remove the force record it upon new imprison and fine but can award no restitution Forcible entry What persons may make a force One alone if it be with offensive weapons or turbulent behaviour to the affray of others Dal. 166 167 171. Lamb. 143. An infant of the age of 18. Dal. ibid. Cro. 69. a. and so he may though he be under 18. A feme covert may by her own act make a forcible entrie or detainer and she may be imprisoned and fined but the fine cannot be levyed on the husband ibid. Consent If one command or counsel others to a force and be present though he do nothing he is a principall Dal. 172. but if absent a disseiser Divers enter one onely committeth force all are guiltie ibid. Who cannot be put out The King cannot be disseised therefore an enditement upon the statute 8. H. 6. for the K. is not good neither can the Kings farmer prefer a bill of enditement upon the said statute but must have an information in the Exchequer Dal. 172. Cro. 69. a. Where one may hold with force Where one hath peaceably entred and after continued in quiet possession without interruption for 3 yeares together Lamb. Dal. 178. and may hire strangers to maintain his possession and have his company in armour Dal. 179. Cro. 71. but he may not resist the Iustice of Peace that cometh to view Upon enditement of forcible holding the plea 3 yeares lawfull possession next before avoideth imprisonment fine and restitution Dal. 179. But it holdeth not 1 If the entry were forcible though the holding peaceable 2 If the holding were forcible though the entry peaceable 3 If a disseiser have continued peaceable 3 yeares Quaere if he shall be helped by 8. H. 6. or 31. El. If a disseiser have forcibly continued his possession 20 yeares he may be endited upon 8. H. 6. and the Iustice may make restitution Cro. 71. a. 4 If the possession of 3 yeares have been interrupted Dal. 173 180. Cro. 71. a. Lamb. A disseiser quietly holdeth 3 yeares and after the disseiser entreth or maketh claym the disseiser reentring cannot hold with force for he is in upon a new disseising Dal. 180. A lawfull possessour after 20 yeares possession is acted he can neither reenter nor hold with force ibid. What force is lawfull Force used by the Kings Officers for the due execution or advancement of justice or of the judgement of the law as 1 To pursue apprehend and carry to prison offenders in treason felony or other great crimes 2 A Sheriffe or his officers to apprehend by vertue of the Kings writ 3 A Justice removing unlawfull entries or holding of possessions and repressing riotters Dal. 176. 4 Justice Sheriffe Constables or Coroners may use force in apprehending or imprisoning such as in their presence attempt to disturb or break the peace 5 It is lawfull by force to break open doores to arrest offenders within if the officer cannot otherwise enter Note that the officer is first to signifie the cause of his coming before he attempt to break open the doores 5. Dal. 177. as First for treason felony or suspicion of felony Cro. 170. b. 2 Where one hath dangerously wounded another Cro. 131. a. 3 An affray being in the house Cro. 146. b. 4 Upon a forcible entry or detainer found by inquisition Dal. 176. 5 Upon a capias ut legatum in personall action or capias pro fine directed to the Sheriffe Cro. 170. b. 6 Upon warrant or processe for attaching a Popish recusant excommunicate 3. Jac. 4. 7 Upon a warrant for the peace or good behaviour Dal. 176 177. but Crom. 176. b. maketh Quaere 8 Upon recovery in a reall action or ejectione firmâ but not to execute the Kings processe upon the body or goods of any person at the suit of any subject Dal. 177. 9 In all cases where the King is party ibid. 1 Forcible defence is lawfull for every man to keep his house to himself his family and goods as his castle aswell for defence against injury as for his repose Vide plus Houses 2 In defence of husband wife father mother or master 3 Father or mother in defence of the childe within age Dal. 151. 4 In defence of my goods or my land Dal. ibid. In these cases he that attempteth may be disturbed and if he attempt to assault or lame me I may beat him again aswell in defence of my person as possessions but not kill him 152. What Justices of Peace are to do in forcible entry or detainer Every Justice upon complaint or notice given ought at the cost of the party grieved to do execution
in perpetuam rei memoriam or if any have upon such procurement or by his own act wilfully committed such perjurie the procurer shall forfeit 40 pound and if not worth so much half a yeares imprisonment without bail stand upon the pillo●ie for one hou●e and disabled for a witnesse for ever after The perjured 20 pound and six moneths imprisonment and ever disabled for a witnesse and if not worth 20 pound to have his eares nailed to the pollorie 5. Elis 9. 14. Elis 11. 1. Jac. 25. Lam. 416. Cro. 18. a. b. This offence to be heard and determined in the Sessions Lam. 609. Execution of the forfeiture upon the statute of perjurie to be awarded by the Justices of the Peace before whom the conviction was Lam. 505. Committing of perjurie upon answer to a bill of complaint is not within the statute of 5. Elis 1. but for a false deposition upon examination upon interrogatories Cro. 18. b. If any give false evidence upon a bill of enditement at the Sessions it is held he shall not be punished by the statute of 5. Elis for that the King is not named in the said statute Cro. 16. b. Pettie-treason The wilfull killing or joyning in killing of the husband by the wife the master or mistris by the servant the Ordinary by his clerk is pettie-treason 25. E. 3. 2. Lam. 245 246. Dal. 204 205. Cro. 19. b. The childe maliciously killeth the father or mother it is pettie-treason though the father or mother at the same time give neither meat drink nor wages to the said childe but it is treason in the said childe in respect of the dutie of nature violated Dal. 205. Cro. 19. b. But Lam. saith it is not treason in the childe if the father give it not meat nor drink as to a servant Lam. 245. and do their businesse for it is as a servant The sonne or daughter in law kill the father or mother in law with whom they dwell and do service and have meat and drink it is pottie-treason though such childe take no wages but the enditement shall be by the name of servant Dal. 205. Judgement in petty-treason is a man is to be drawn and hanged if a woman both in high-treason and pettie-treason to be drawn and burned Dal. 206. Lam. 570. The forfeiture for pettie-treason is the King shall have all his goods and for his lands Annum diem vastum and the escheat thereof shall be to every lord of his proper fee. Dal. 206. No clergie is allowed in case of pettie-treason Dal. 212. Pewter vide Brasse Physician One neither Physician nor Chirurgeon taketh upon him to cure a sick or wounded man who dioth under his hand it was felonie 34. H. 8. Lam. 240. Dal. 211. But if a smith or other having skill onely in curing and dressing diseases of horses or other cattell shall take upon him cutting or letting bloud or such like cure of a man who dieth thereof it seemeth to be felonie Dal. Pictures brought from Rome vide Agnus Dei Playes Players vide Unlawfull games vide Rogues Plague Head-officers and Iustices of Peace in a corporation or in a priviledged place or two of them may set a weekly tax on the inhabitants of the corporation or priviledged place or liberties thereof for the reasonable relief of persons infected or dwelling in houses infected within the said corporation or priviledged place 1. Jac. 31. Lamb. 337. Corporation or priviledged place not being able to relieve the persons infected therein upon certificate of the head-officer or Iustices of Peace or two of them to the two next Iustices of the Peace may assesse and tax the inhabitants of the countie within five miles of the corporation at a weekly tax for the relief of them 1. Jac. 31. Lamb. 337. There being no Iustice of Peace in the corporation or the infection being in a hamlet the two next Iustices of the countie may assesse the inhabitants of the countie within five miles of the place infected for the reasonable relief thereof 1. Jac. 31. Lam. 338. The taxes upon refusall to be raised by warrant of the head-officers or Iustices upon the goods of the refuser or upon default of goods returned the partie by another warrant to be impleaded till he make payment thereof with the arrerages 1. Jac. 31. Taxes made for the relief of places infected are to be certified at the next Qu. Sessions and there to be continued enlarged or extended to other parts of the countie or determined by the greater part of the Iustices 1. Jac. 31. Lam. 609. Taxes levied of the countie for the relief of an infected corporation are to be disposed by the head-officer and Iustices of the corporation or two of them and if there be no Iustice then by the Iustices assessors 1. Jac. 31. Officers negligent in levying of the taxes lose 10 shill to be imployed as the taxes 1. Jac. 31. Watchmen not to be impeached for hurting those infectious persons that being commanded to keep in will in offering to come forth resist the watchmen 1. Jac. 31. Any infectious person commanded to keep in goeth abroad and keepeth companie having an infectious sore uncured is felonie without corruption of bloud or forfeiture of goods if without sore to be punished as a vagabond by 39. Elis and bound to his good behaviour for a yeare 1. Jac. 31. Officers of a corporation and Iustices of the Peace in the countie may respectively appoint swear and direct searchers watchers and triers of infected persons and places 1. Jac. 31. Lam. 197. Plaints in Court One Justice of Peace may upon complaint examine the Sheriffe or Undersheriffe and plaintiffe concerning the taking and entring of plaints in their countie Court in bonks against the statute or any bayliffe of the hundred for not warning the defendant in such a plaint according to his precept from the Sheriffe or Undersheriffe and if he thereby finde them faulty that shall stand for a sufficient conviction and attainder without further enquiry or examination and these examinations the Justice must certifie into the Exchequer within a quarter of a yeare on pain of forfeiture of 40 shill for every default 11. Hen. 7. 15. Lam. 201. Dalt 107. Sheriffe entring plaints in any mans name that is not present in Court nor hath any sufficient Atturney or deputie loseth 40 shill So if he enter more plaints then the plaintiffe supposeth he hath cause of action for 11. Hen. 7. cap. 1. Lam. 431. Pond and Pond-heads vide Fish Poysoning vide Murder Pope To extoll the power of the Pope by writing printing preaching or any speech open deed or act advisedly holden or of his See hereto fore claimed and usurped within this Realm or to abbet procure counsel aid or comfort such is treason 5. Eliz. 1. Lam. 411. for the second offence for the first offence Praemunire Dalt 200. Prese●…ment at the Quarter Sessions for extolling the power of the Pope of Rome must be certified by