Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/160

 148 PUBLIC BOOK IV. merly allowable to every person difieifed, or turned out of pof- ieffion, unless his entry was taken away or barred by his own neglect, or other circumstances ; which were explained more at large in a former volume 1. But this being found very prejudi- cial to the public peace, it was thought necessary by federal sta- tutes to restrain all persons from the use of such violent methods, even of doing themselves justice ; and much more if they have no justice in their claim 1 ". So that the entry now allowed by law is a peaceable one ; that forbidden is such as is carried on and maintained with force, with violence, and unusual weapons. By the statute 5 Ric. II. ft. i . c. 8. all forcible entries are punished with imprisonment and ransom at the king's will. And by the federal statutes of 15 Ric. II. c. 2. 8 Hen. VI. c. 9. 31 Eliz. c. II. and 21 Jac. I. c. 15. upon any forcible entry, or forcible detainer after peaceable entry, into any lands, or benefices of the church, one or more justices of the peace, taking sufficient power of the county, may go to the place, and there record the force upon his own view, as in cafe of riots ; and upon such conviction may commit the offender to gaol, till he makes fine and ransom to the king. And moreover the justice or justices have power to summon a jury, to try the forcible entry or de- tainer complained of: and, if the fame be found by that jury, then, besides the fine on the offender, the justices shall make re- stitution by the sheriff of the poffefTion, without inquiring into the merits of the title ; for the force is the only thing to be tried, punished, and remedied by them : and the fame may be done by indictment at the general feffions. But this provision does not extend to such as endeavour to maintain posession by force, where they themselves, or their ancestors, have been in the peaceable enjoyment of the lands and tenements, for three years immediately preceding. . THE offense of riding or going armed, with dangerous or unusual weapons, is a crime against the public peace, by terri- fying the good people of the land; and is particularly prohibited See Vol. III. pag. 174, tfV. i Hawk. P. C. 141. by