T ORCI B L 
plained of: and if the fame be found by that jury, then 
belr.ies the fine on the offender, the juftices (hall make 
reftitution, by the fherifF, of the pofleflion, without inquir¬ 
ing into the merits of the title ; for the force is the only 
thing to be tried, punjfhed, and remedied, by them ; and 
the fame may be done by indictment at the general fef- 
fions. But this provifion does not extend to fucli as en¬ 
deavour to maintain polleflion by force, where th.ey them- 
felves or their anceftors have been in peaceable enjoyment 
of the lands, &c. for three years immediately preceding. 
4 Com. 14B. And this may be alleged in (fay of reftitu¬ 
tion, and reftitution is to be flayed till that be tried, if the 
other will traverfe the fame. T. Raym. 85. Salk. 260. 
Indictment for forcible entry mull be laid of liberum te- 
ticmcntum, &c. to have reftitution by 15 Rich. II. c. 2. 
5 Hen. VI. c. 9, See. But by 21 Ja,c. I. c. 15, juftices of peace 
may give like reftitution of polleflion to tenants for years, 
tenant by elegit, ftatute ftapl.e, &c. and copyholders, as 
to freeholders, fince which ftatute the eftate of the per- 
fon oufted mtift be dated, for perhaps he is only tenant 
at will. 1 Salk. 260. By Ritfli. II. c. 8, “ None (ball 
make any entry, into any lands or tenements, (or benefice 
of holy church 15 Rich. II. c. 2; or other pofleflions, 
8 Hen. VI. c. 9.) but where entry is given by the law ; 
and in fuch cafe not vvitli ftrong hand or.with multitude 
of people, but only in peaceable and eafy manner; on 
pain of imprifonment and ranfom at the king’s will. 
When one or more perfons armed with unufual weapons 
violently enter into the honfe or land of another; or 
where they do not enter violently, if they forcibly put 
another out of his poft'eflion; or if one enters another’s 
houfe, without his confent, although the door be open, 
&c. thefeare all forcible entries punifliable by law. Co. 
Lit. 257. So when a tenant keeps pofl'eftion of the land 
at the end of his term againft the landlord, it is a forcible 
detainer. And if a leflee takes pofleflion of the land at 
the end of his term againft the landlord, it is a forcible 
detainer. And if a leflee takes a new leafe of another 
perfon, whom he conceives to have better title, and at 
the end of the term keeps pofleflion againft his own land¬ 
lord, this is a forcible detainer. Cro. Jac. 199. Alfo 
perfons continuing in pofleflion of a defeafible eltate after 
the title is defeated, are punifliable for forcible entry ; 
for continuing in poffefiion afterwards, amounts in law to 
a new entry. Co. Lit. 256. 
If a man have two houfes next adjoining, the one by a 
defeafible title, and the other by a good title ; and lie ules 
force in that he hath by the good title to keep perfons 
out of the oilier houfe, this is a forcible detainer. 2 S/iep. 
Abr. 203. A man enters into the houfe of-another by the 
windows, and then threatens the party, and he for fear 
leaves the houfe, it is a forcible entry: and fo if one en¬ 
ter a houfe when no perfon is therein, with armed men, 
See. Moor Caf. 185. If a perfon, after peaceable entry, 
lhal 1 make ufe of arms to defend his pofleflion, &c. it will 
be forcible detainer: a man puts another out of his houfe 
by force, if he then puts in one of his fervants in a peace¬ 
able manner, who keeps out the party, &c. it will be a 
forcible entry, but not a detainer; but if himfelf remain¬ 
ed! there with force, this makes a forcible detainer. 
This offence may be committed of a rent, as well as of 
a houfe or land : as where one comes to diltrain, and the 
tenant threatens to kill him, or forcibly makes refiftance. 
2 S/iep. 201. But forcible entry cannot be of a way or 
other eufement; or of a common or office. 1 Hawk. P. C. 
A forcible entry may be committed by a Angle perfon as 
well as by twenty, and all who accompany a man when 
lie makes a forcible entry, (hall be adjudged to enter with 
him, whether they actually corne upon the lands or i;ot. 
1 Hawk. P. C. c. 64. The fame circumftances of vio¬ 
lence or terror which will make an entry forcible will 
make a detainer forcible alio. And a detainer may be 
forcible, whether the entry were forcible or not. 1 Hawk. 
P. C. c. 64. If a juftice of peace come to view a force in 
a houfe, and they refufe to let him in ; this of itfelf will 
Vol. VII. No. 449. 
E ENTRY, * .537 
make a forcible detainer in all cafes; but it muff be upon 
complaint made. Dalt. 312. 
The remedy may be, by aCtion; or by juftices of peace 
upon view ; or by indictment or inquifition. By 8 Hen. 
VI. c. 9. “ If any perfon be put out or difleifed of any 
lands or tenements in forcible manner, or put out forci¬ 
bly and after holden out with ftrong hand, the parly 
grieved (hull have afltze of novel difleilin, or writ of tre(- 
pafs againft the difleifor ; and if he recover, (or if any 
alienation be made to defraud the pcfleflbr of his righ . 
which is alfo declared by the ftatute to be void,) he (hail 
have treble damages, and the defendant fliall alfo make 
fine and ranfom to the king.” But in an aCtion on this 
ftatute if the defendant make title which isfound for hifn, 
lie filial 1 be difmilJed without any enquiry concerning the 
force; however punifliable he may be for that at the 
king’s fuit. 1 Hawk. P. C. Dalt, c. 129. 
If in trelpafs or aflife upon this ftatute the defendant is 
condemned by vonJ'um infortnatus ; he fliall pay treble da. 
mages and treble cofts : adjudged, and affirmed in error. 
The party grieved, if he will lofe the benefit of bis treble 
damages and cofls, may be aided and have the afiiftaiite 
of the juftices at the general fe(lions by way of indictment 
on this fame ftatute. Which being found there, he (hall 
be reftored to his pofleflion by a writ of reftitution granted 
out of the fame court to the (heriffi. Dalt. c. 120. 
Indictment of forcible entry lies not only for lands, but 
for tithes; alfo for rents : but not againft a lord entering 
a common with force, for which (lie commoner may not 
indiCt him, becaufe it is his own land. Cro. Car. 201, 
For a more (needy remedy the party grieved may com¬ 
plain to any one juftice, or to a mayor, flieriff, or bailiff, 
within their liberties; and it is provided by 15 Rich. II. 
c. 2. 8 Hen. VI. c. 9. that after complaint made to fuch 
juftice, S:c. he (hall within a convenient time at the cofts 
of the party grieved take fufficient power of the county, 
and go to the place where fuch force is made, and if he 
(hall find fitch force, filial 1 caufie the offenders to be ar- 
refted, and make a record of fuch force by him viewed ; 
and the offenders foarrefted filial 1 be put in the next gaol, 
there to abide convict by the record of the fame juftice 
until they have made fine and ranfom to the king. 
As to reftitution to the party injured, it is enacted by 
the faid 8 Hen. VI. c. 9, though that the perfons making 
fuch entry be prefent, or elfe departed before the coming 
of the juftice, he may notwithftanding in fome town next 
to the tenement fo entered, or in fome other convenient 
place, have power to enquire by a jury of the county as 
to the perfons making fuch forcible entry and detainer ; 
and the juftice may make his precept to the flieriff, who is 
to fummon the jury. And if fuch forcible entry or de¬ 
tainer be found before fuch juftice, then the faid juftice 
(hall caufe to refeife the lands and tenements fo entered 
or holden, and (hall reftore the party put out to the full 
pofleftion of the fame. And by 31 Eliz. c. 11, if on an 
indictment of forcible entry, See. it is found againft the 
party indicted', lie fliall pay fuch cofts and damages as the 
judges or juftices (hall aflefs. Under the above 15 Rich. 
II. c. 2, any juftice of the peace upon view to the force, 
may make a record of it, and commit the offender. And 
this, without a writ directed to him to execute the ita- 
tutes : and upon any information without a complaint of 
the party. So every juftice may take the flieriff, an Cpojj'e 
comitatusy to reftrain ; or he may break open a houfe to' 
remove the force. Dalt. c. 44. The record made by a 
juftice upon view, (hall be a conviCtiori, and is not tra- 
verfable : and ought to be certified to court of king’s- 
bencli, or the next affiles or quarter-feffions. And if a 
dcfeCt then appears in the conviction, it fliall be quafiicd. 
8 Co. i2x. The juftices have power to fine on view ; but 
are not bound to do it on the fpot, but may fake a reafon. 
able time to confider. Ld. Raym. 1515. 
An indictment will lie at common law for a forcible 
entry, though generally brought on the above ftatutes. 
But it muft lliew on the face of it fufficient aCtual force. 
7 C 3 Burr a 
