and against the peace of our faid lord the king, his crown and dignity: which faid indictment our faid present sovereign lord the king afterwards, for certain reasons, caused to be brought before him, to be determined according to the law and custom of England: wherefore the sheriff of the said county of Kent was commanded, that he should not forbear by reason of any liberty in his bailiwick, but that he should cause them to come to answer to our faid present sovereign lord the king touching and concerning the premises aforesaid: and now, that is to say, on Friday next after the morrow of the Holy Trinity in this same term, before our faid present sovereign lord the king at Westminster, come the said William Jenkins, Peter Simmonds, Robert Till, William Potten, and William Cruttenden, by John Wace their attorney; and having heard the faid indictment read, they severally say, that they are not guilty thereof; and hereupon they severally put themselves upon the country, and James Burrow, esquire, coroner and attorney of our faid present sovereign lord the king, in the court of our faid present sovereign lord the king before the king himself, who for our faid present sovereign lord the king in this behalf profecuteth, doth the like.

a

PROCEEDINGS IN A FORCIBLE ENTRY.

Precept by CUMBERLAND. I, &c. Fletcher Partis, esquire, one of the justice of the justices of our faid lord the king assigned to keep the peace of our peace for bring faid lord the king in the county of Cumberland, and also to hear ing the perfon and determine divers felonies, trespasses, and other misdemeanors

recorded before him.

in the faid county committed, to the sheriff of Cumberland greet. ing: Whereas complaint hath been made to me that Henry Forster, late of the parish of Stapleton, otherwise Stabledon, in the faid county, gentleman, and W. Frezer, otherwise Frazer, late of the same place, yeoman, on the nineteenth day of December now laft paft, with force and arms, and with strong hand, did unlawfully enter into, and make forcible entry into three messuages, three hundred acres of land, one hundred acres of meadow, five hundred acres of pasture, two hundred acres of moss, and three hundred acres, of heath, with the appurtenances, in the parish of Stapleton, otherwite Stabledon aforesaid, whereof John Holme, late of the city of Carlifle, in the said county, gentleman, was then seised in his demesne as of fee, against the form of the statute in such case made and provided: therefore, on the behalf of our faid lord the king, I do command you, that you immediately cause to come before me, at the house of M. S. known by the name or sign of the White Swan, situate at Cockermouth, in the said county of Cumberland, twentyfour sufficient and indifferent persons, dwelling near about the The jury are to faid tenements so forcibly entered into as aforesaid, every man of be freeholders, whom shall have lands or tenements of the yearly value of forty and to make in millings by the year at the least, above reprizes to enquire upon quifion. their oaths for our faid lord the king of and concerning the faid forcible

forcible entry so made as aforesaid; and have you there then the names of the jurors of this_precept. Given under my hand and feal, the second day of January, in the thirty-first year of the reign of our fovereign lord George the Second, and in the year of Our Lord 1758.

Cumberland. An inquisition for our fovereign lord the Inquifition. king indented, taken on Monday the second day of January, in the thirty-first year of the reign of our sovereign lord the king, at the house of Margaret Stephenson, widow, known by the name or fign of the White Swan, situate in Cockermouth, in the faid county, before Fletcher Partis, esquire, one of the justices of our faid lord the king, affigned to keep the peace of our faid lord the king in the faid county, and also to hear and determine divers felonies, trespasses, and other misdemeanors, committed within the fame county, by virtue of a certain act of parliament of the lord Henry the Sixth, late king of England, at a feffion thereof holden at Westminster, in the eighth year of the reign, touching the duty of justices of the peace where land is entered upon or determined with force, by the oath of F. A. &c. twelve good and lawful men of the faid county, who being sworn and charged upon their oath say, that John Holme, late of the city of Carlisle, in the said county, gentleman, on the nineteenth day of December, in the faid thirty-firft year of the reign of our fovereign lord the present king, was feifed in his demesne as of fee of and in three messuages, three hundred acres of land, one hundred acres of meadow, five hundred acres of pasture, two hundred acres of moss, and three hundred acres of heath, with the appurtenances, in the parish of Stapleton, otherwise Stabledon, in the faid county of Cumberland; and that whilft the faid John was seised thereof, on the fame nineteenth day of December, in the thirty-first year aforesaid, one Henry Fofter, late of the parish of Stapleton, otherwise, &c. aforesaid, gentleman, and one William Frezer, otherwise Frazer, late of the fame place, yeoman, with force and arms, with guns, pistols, swords, clubs, and other offenfive weapons, and with strong hands, did make a forcibly entry into the said tenements and premises, with the appurtenances, then being in the seisin and possession of the faid John Holme, and did then and there, with force and arms and with strong hand, unlawfully disseise the faid J. Holme thereof, and then and there, with force and arms and with strong hand, did unlawfully expel and eject, and him the faid John Holme to disseised, expelled, and ejected of and from the faid tenements and premises, from the aforesaid nineteenth day of December, in the thirtieth year aforesaid, until the day of taking this inquifition, with force and arms and with strong hand, unlawfully detained and kept out, and still do detain and keep out from the fame tenements and premises, with the appurtenances, in contempt of our faid present sovereign lordthe king, against the peace of our faid lord the king, his crown

and

Notice.

and dignity, and against the form of the statute in that cafe made and provided.

1

We whose names are hereunto set, being the jurors abovementioned, do, upon the evidence now produced before us, find the inquifition aforesaid to be true.

Inquifition may be taken in any part of the county. The jury ought to be from the neighbourhood of the place where the estate lies, but will be good though they come from other places in the fame county.

8. Hen. 6. c. 9. The inquifition

should be regularly taken before some justice in the neighbourhood, but will be good though taken before any other justice in the county: the justice, however, that lives near the place may be compelled to take it, or would be liable to an information if he refuses.

Whereas by an inquifition taken before me, one of his majesty's justices of the peace in and for the county of Cumberland, held this day at the house of Margaret Stephenson, widow, known by the name or fign of the White Swan, situate at Cockermouth, it was found, that you, on the nineteenth day of December now last past, with force and arms and with strong hand didenter into, and make forcible entry into three messuages, three hundred acres of land, one hundred acres of meadow, five hundred acres of pasture, two hundred acres of moss, and three hundred acres of heath, with the appurtenances, in the parish of Stapleton, otherwise, &c. in the faid county, whereof John Holme, gentleman, was then seised in his demesne as of fee, and did then and there, with force and arms and with strong hand, unlawfully disperse and expel the faid John Holme of and from the faid tenements then being in his poffeffion, and him so dispersed and expelled did from thence until the day of taking the said inquifition, with force and arms and with strong hand, detains and keeps out from the faid tenements, againft the form of the statute in fuch cafe made and provided: you are therefore hereby required to be and appear before me at the house of the faid Margaret Stephenson, on Friday, the fixth day of this inftant, January, between the hours of nine and eleven of the clock of the forenoon of the same day, to shew cause if you can, why restitution of the faid tenements should not be made to the faid John Holme, according to the form of the statute in such case made and provided. Dated the second day of January 1758.

To Henry Forster

and

William Frezer, otherwise Frazer.

Cumberland. Fletcher Partis, esquire, one of the justices of our fovereign lord the king aforesaid to keep the peace of our faid lord the king in the faid county of Cumberland, and also to hear and determine divers felonies, trespasses, and other misdemeanors committed within the same county, to the sheriff of Cumberland, greeting: Whereas by an inquifition indented, taken before me the faid Fletcher Partis, on Monday, the second day of this inftant, in the thirty-first year of his present majesty's reign, at the house of Margaret Stephenson, widow, known by the name or fign of the White Swan, situate in Cockermouth, in the said county, by virtue of a certain act of parliament made in the parliament of the lord Henry the Sixth, late king of England, at a feffion thereof holden at Westminster, in the eighth year of his reign, touching the duty of justices of the peace where lands is entered upon or detained with force, by the oath of A. B. C. &c. twelve good and lawful men of the said county, it was found, that John Holme, late of the city of Carlifle, in the faid county, gentleman, on the nineteenth day of December, in the thirty-first year of the reign of our fovereign lord the present king, was seised in his demesne as of fee of and in three messuages, three hundred acres of land, one hundred acres of meadow, five hundred acres of pasture, two hundred acres of moss, and three hundred acres of heath, with the appurtenances, in the parish of Stapleton, otherwise Stabledon, in the faid county of Cumberland; and that whilst the faid John Holme was fo feised thereof, on the fame nineteenth day of December, in the faid thirty-first year aforesaid, one Henry Forster, late of the parish of Stapleton, otherwife Stabledon, aforefaid, gentleman, and one William Frezer, otherwise Frazer, late of the same place, yeoman, with force and arms, with guns, pistols, swords, clubs, and other offenfive weapons, and with strong hand, did make forcible entry into the faid tenements and premises, with the appurtenances, then being in the faid seisin and poffeffion of the faid John Holme, and did then and there, with force and arms and with strong hand, unlawfully dispossess the said John Holme thereof, and him the faid John Holme from his poslession thereof, then and there, with force and arms and with strong hand, did unlawfully expel and eject, andhim the said John Holme fodispossessed, expelled, and ejected, of and from the faid tenements and premises, from the aforefaid nineteenth day of December, in the thirty-first year aforefaid, until the day of taking this inquifition, with force and arms and with strong hand, unlawfully detained and kept out, and at the time of taking that inquisition did ftill detain and keep out from the same tenements and premises, with the appurtenances, as by the inquifition aforesaid more fully appeareth of record: therefore on the behalf of our fovereign lord the king I charge and command you, that taking with you the power of the county, if it be needful, you go to the said several tenements and premites, and cause the fame, with the appurtenances, to be reseised, and that you cause the faid John Holme to be restored, and put into his full poffeffion thereof, according to the form of the statute in such case made and provided; and this you shall in nowise omit, on the penalty thereon incumbent. Given under my hand and feal, the fixth day of January 1758.

The statute 8. Hen. 6. c. 9. not only empowers a justice of the peace, upon a complaint made to him upon a forcible entry on lands and tenements, or

Jos. YATES.
J. WALLACE.

of a forcible detainer after a peaccable
entry by the disseisee, to try the truth of
the complaint, but also in case of force,
found by a jury fummoned by the sheriff,

to

restore the poffeffion to the party so put
out, either by himself or his precept, or
warrant to the sheriff; and in such case

the offender shall forfeit, for the force found, treble damage to the party grieved, and make fine and restitution to the king,

for keeping a

GAMING-HOUSES.

Indictment a- MIDDLESEX, to wit. The jurors for, &c. upon, &c. pregainst a perfon fent, that William Weller, late of, &c. in, &c. coal-merchant, being gaming-house an idle and evil-difpofed person, and not minding to gain his living and an E O ta. by honest labour, on, &c. in the twenty-second year, &c. and on

ble.

divers other days and times between that day and the day of the taking of this inquifition, with force and arms, at, &c. in, &c. a certain common gaming-house there situate, for his lucre and gain, unlawfully and injuriously did keep and maintain, and in the same common gaming-house, on, &c. in the twenty-second year, &c. and on the faid divers other days and times there unlawfully and injuriously did cause and procure divers idle and ill-disposed persons to frequent and come together to game and play, and the faid idle and ill disposed persons to be and remain in the faid common gaming-house, and to game and play together, on, &c. in, &c. and on the faid other days and times there did unlawfully and injuriously procure, permit, and suffer, by means whereof divers noises, disturbances, and breaches of the peace of our faid lord the king, then and on the said other days and times were there occafioned and committed, to the great encouragement of idleness and diffipation, to the great damage and common nuisance of all the liege subjects of our faid lord the king, and against the peace 2d count, for of our faid lord the king, his crown and dignity: And the jurors lucre and gain. aforesaid, upon their oath aforesaid, do further present, that the faid William Weller, being, &c. and not minding, &c. on, &c. in the twenty-third year, &c. and on divers, &c. with force and arms, at, &c. in, &c. a certain common gaming-room in a certain house there situate, for his lucre and gain, unlawfully and injurioufly did keep and maintain, and in the faid common gamingroom, on, &c. in the year aforesaid, and on divers other days and times, then and there unlawfully and injurioufsly did cause and procure divers idle and ill-disposed persons to frequent and come together, to game and play together, on, &c. in, &c.; and on the faid divers other days and times there unlawfully and injurioufly

at E O.

procure, permit, and fuffer; by means whereof divers noises, &c. 3d count, feveral &c. (conclude as before): And the jurors aforesaid, upon their perfons un- oath aforesaid, do further present, that the faid William Weller, known to play being fuch idle, &c. and not minding, &c. on, &c. in the year aforefaid, and on divers other days, &c. with force and arms, at, &c. in, &c. a certain common gaming-house, there situate, for his lucre and gain, unlawfully and injuriously did keep and maintain, and in the faid last-mentioned gaming-house, a certain common gaming