and prize (by the Oaths of ſome preſent) the Armour and Weapons ſo found with them; and the Offenders ſo impriſoned are to remain there until ſome other Command be given concerning them from his Majeſty, or his Juſtices. See the Writ, Fitz. 249. and the Title, Bailment, poſtea.
But if, upon the Proclamation made, they do depart in peaceable Manner, then hath the Juſtice no Authority by the Writ to commit them to Priſon, nor to take away their Armour.
Crom. 74, 162. But when the Juſtice hath removed the Force, (upon this Writ) he may not put the Party that was put out in Poſſeſſion again; if he do, he and the Party alſo are puniſhable in the Star-Chamber, for the Writ doth authorize the Juſtice only to remove the Force, and not to make Reſtitution.
The Form of this Writ upon the Statute of Northampton, you may ſee in Fitz. N. B. 249.
The Form of a Certificate, or Return of this Writ into the Chancery, ſee in the other Title, Forcible Entry.
Without Writ.;P. Armor 1; 2 Ed. 3. 3. Alſo every Juſtice of Peace (ex officio, and without any Writ) may do Execution of this Statute of Northampton, and that as well by Force of the Commiſſion, as of the ſaid Statute.
Lam. 176.The Manner to execute this Statute by the Juſtice of Peace (ex officio) ſeemeth to be all one as before, where he hath a Writ delivered him; ſaving that when he doth this ex officio and without Writ, he needeth not make any Proclamation, nor to ſend any Certificate into the Chancery: But the Juſtice may go to the Place where the Force is, and (if it be in a Houſe) he may enter and ſearch, if any Force of Armour or Weapon be worn or born againſt this Statute; and if any ſuch Offenders be found, he may commit them to Priſon, and may ſeiſe and prize the Armour and Weapon ſo found with them. And he ought to record all that which he ſhall do in this Behalf, and to ſend ſome Eſtreat into the Exchequer, that the King may be anſwered of the Armour, or of the Value thereof.
But here again the Juſtice muſt not make any Reſtitution of the Poſſeſſion to the Party ouſted, but muſt only remove the Force.
Fine.; Cro 160; Lam. 176, 516. And concerning the Offenders ſo found, and committed by the ſaid Juſtice of Peace, he (at his Diſcretion ) may fine them, and upon Payment thereof, or upon Sureties found for the ſame, that the ſaid Juſtice may deliver the Offenders, even as in the former Statutes of 15 R. 2. & 8;;H.;; 6. or elſe he may record ſuch Force, and commit the Offenders, and after certify the Record into the King's Bench, or to the Juſtices of Gaol-delivery, or to the General Seſſions of the Peace, as here in this Title a little before. Vide Tit. Bailment.
* 15 Ri. 2. c.2. (a The Defendant was convicted for a Forcible Detainer, upon the * View of a Juſtice of Peace ſetting forth that he held a Chamber in a Houſe, in ſuch a Street and Pariſh by Force; but did not ſhew whoſe Houſe it was, nor whether the Chamber was backward or forward, or how many Pair of Stairs high, and the Commitment was to Newgate; but it did not ſet forth that Newgate was the County Gaol; and the Statute expreſly requires that the Commitment ſhould be thither.
But the Court would not intend that there were two Chambers on one Floor, for they held the Chamber was ſufficiently deſcribed: However the Conviction was quaſhed, for though they would intend that Newgate was the County Gaol, yet the Words in the Record being all in the preter perfect Tenſe, when they ſhould be in the preſent Tenſe, for that Reafon it was quaſhed.
See the Form of Records and Warrants on this Head, Chap. 182.
CHAP. XLV. (a)
Foreſtallers, Regraters, Ingroſſers.
Butter, Cheeſe; 3 & 4 Ed. 6. c. 21.
NO Perſon ſhall buy to ſell again any Butter or Cheeſe, unleſs he ſell the ſame in open Shop, Fair or Market; and not in Groſs upon Pain of Forfeiture of the double Value, to be recovered in any of the King's Courts of Record, one Moiety to the King, the other to the Informer.
