the justices aforesaid, to this record our hands and seals do set at the parish of B. aforesaid in the county of Kent aforesaid, on theyear aforesaid of the reign of our said day of in the sovereign lord the now king. C. Mittimus for forcible detainer. Westmorland. EDWARD Hassel esquire, one of the justices of our sovereign lord the king, assigned to keep the peace within the said county of W. and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed To the keeper of his majesty's gaol at : in the said county, and to his deputy and deputies there, and to every of them, greeting: Whereas upon complaint made unto me this present day by A. I. in the said county, yeoman, I went immediately to the dwelling house of the said A. I. at and there found A. O. late of weaver, and C. O. late of aforesaid in the said county, labourer, B. O. late of the same, -, butcher, forcibly with strong hand and armed power holding the said house, against the peace of our said lord the king, and against the form of the statute in such case made and provided: Therefore I send you, by the bringers hereof, the bodies of the said A. O., B. O., and C. O. convicted of the said forcible holding, by mine own view, testimony, and record; commanding you in his said majesty's name to receive them into your said gaol, and there safely to keep them, and every of them respectively, until they shall have respectively paid the several sums of 101. of good and lawful money of Great Britain to our said sovereign lord the king, which I have set and imposed upon every of them separately, for a fine and ransom for their said trespasses respectively. Herein fail you not, at the peril that may follow thereof. aforesaid, in the county aforesaid, under my seal, the day of year of the reign of our said sovereign lord king in the George the third. Given at Note: By the forms in all the books, all the offenders stand committed until all have paid, so as that the first shall not be discharged on payment of his own fine, but continue until all the rest have paid likewise; which seems unreasonable, and is no warranted by the statute. D. Precept to the sheriff to return a jury.. Westmorland. RICHARD Whinfield esquire, one of the justices of our lord the king, assigned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed, to the sheriff of the said county, greeting on behalf of our said lord the king, I command you that you cause to come before me at - in the county aforesaid, on the day of next ensuing, twenty-four sufficient and indifferent men, of the neighbourhood of aforesaid, in the county aforesaid, every of whom shall have lands or tenements of 40s. yearly at the least, above reprizes, to inquire upon their oaths for our said lord the king, of a certain entry made with a strong hand (as it is said) into the messuage of one A. I. aforesaid, in the county aforesaid, against the form of upon every of the jurors by you in this behalf to be impanelled 20s. of issues at the aforesaid day. And have you then there this precept. And this you shall in nowise omit, upon the peril that shall thereof Witness the said R. W. at in the county aforesaid, year of the reign of ensue. the day of in the The jurors' oath. You shall true inquiry and presentment make of all such things as shall come before you, concerning a forcible entry [or detainer] said to have been lately committed in the dwelling house of yeoman, at in this county; you shall spare no one for favour or affection, nor grieve any one for hatred or ill-will, but proceed herein according to the best of your knowledge, and according to the evidence that shall be given to you: So help you God. The oath that A. F. your foreman hath taken on his part, you and every of you shall truly observe and keep on your parts: So help you God. E. The inquisition, indictment, or finding of the jury. Westmorland. AN inquisition for our sovereign lord the king, in the dented and taken at in the in the said county, day of year of the reign of by the oaths of good and lawful men of the said county, before J. P. esquire, one of the justices of our said lord the king, assigned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the same county committed, who say upon their oaths aforesaid, that A. I. of - aforesaid, yeoman, long since lawfully and peaceably was seised in his demesne, as of fee [if it is not freehold, then say possessed] of and in one messuage, with the appurtenances, in aforesaid, in the county aforesaid, and his said possession [and seisin] so continued until Ă. Ó. late ofyeoman, B. O. late of the same, yeoman, and C. O. late of the same, yeoman, and other malefactors unknown, the day of now last past, with strong hand and armed power into the messuage aforesaid with the appurtenances aforesaid did enter, and him the said A. I. thereof disseised, and with strong hand expelled; and him the said A. I. so disseised and expelled from the said messuage with the appurte nances aforesaid, from the said until the day of the taking of this inquisition with like strong hand and armed power did keep out, and do yet keep out; to the great disturbance of the peace of our said lord the king, and against the form of the statute in such case made and provided. day of We whose names are hereunto set, being the jurors aforesaid, do upon the evidences now produced before us, find the inqu sition aforesaid true. F. Warrant to the sheriff for restitution. A. B. C. D. &e. Westmorland. MARTIN Dunn esquire, one of the justices of our sovereign lord the king, assigned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed, reign of day of upon the oaths of Whereas by an inquisition in the statutes made and provided in cases of forcible entry and detainer, it is found that A. O. late of· day of yeoman, and B. O. late of yeoman, on the For in the in the said county, the - any additional forms which may be requisite, see Wentworth's System of Pleading, vol. 4. from 148 to 156. Foreign Service. [3 J. 1. c. 4.59 G. 3. c. 69.] I East's P. C. 81. 4 ENTERING into the service of any foreign state without the king's consent, or contracting with it any engagement which subjects the party to an influence or controul, inconsistent with the 122. allegiance due to his sovereign, such as receiving a pension from a foreign prince without the king's leave, is at common law a high misdemeanor, and punishable accordingly. Haw. c. 22. §3. I Russ, 127. Indeed, it is considered as so high an offence to prefer the interest of a foreign state to that of our own, that any act is criminal which may but incline a man to do so; as to receive a pension from a foreign prince without the leave of the king. But with respect to serving, or procuring others to serve foreign 3 J. I. c. 4. states, provisions have been made by several statutes. The 3 Jac. 1. 4. § 18. enacts, that "every subject of this realm that shall go or pass out of this realm to serve any foreign prince, state, or potentate, or shall pass over the seas, and shall voluntarily serve any such foreign prince, state, or potentate, not having before 3 J. 1. c. 4. 59 G. 3. c. 69. Subjects enlisting or engaging to enlist or serve in foreign service, military or naval, guilty of misdemeanor. his going, taken the oath of obedience (a), shall be a felon." The 19th section enacts, that "If any gentleman or person of higher degree, or any person which hath borne, or shall bear any office, orplace of captain, lieutenant, or any other place, charge, or office, in camp, army, or company of soldiers, or conductor of soldiers, shall after go or pass voluntarily out of this realm, to serve any such foreign prince, state, or potentate, or shall voluntarily serve any such prince, state, or potentate, before that he and they shall become bound by obligation, with two sureties, &c." with a condition to the effect that he will not be reconciled to the see of Rome, nor enter into any conspiracy against the king (as particularly set forth in the act) he shall be a felon." And by stat 59 G. 3. c. 69., (after repealing stats. 9 G. 2. c. 30., 29 G. 2. c. 17., and the Irish acts, 11 G. 2. and 19 G. 2.) § 2. "If any natural-born subject of his majesty, his heirs and successors, without the leave or license of his majesty, his heirs or successors, for that purpose first had and obtained, under the sign manual of his majesty, his heirs or successors, or signified by order in council, or by proclamation of his majesty, his heirs or successors, shall take or accept, or shall agree to take or accept any military commission, or shall otherwise enter into the military service as a commissioned or non-commissioned officer, or shail enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a soldier, or to be employed or shall serve in any warlike or military operation in the service of or for or under or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people, either as an officer or soldier, or in any other military capacity; or if any natural-born subject of his majesty shall, without such leave or license as aforesaid, accept, or agree to take or accept, any commission, warrant, or appointment as an officer, or shall enlist or enter himself, or shall agree to enlist or enter himself, to serve as a sailor or marine, or to be employed, or engaged, or shall serve in and on board any ship or vessel of war, or in and on board any ship or vessel used or fitted out, or equipped or intended to be used for any warlike purpose, in the service of or for or under or in aid of any foreign power, prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people; or if any natural-born subject of his majesty shall, without such leave and license as aforesaid, engage, contract, or agree to go, or shall go to any foreign state, country, colony, province, or part of any province, or to any place beyond the seas, with an intent or in order to enlist or enter himself to serve, or with intent to serve in any warlike or military operation whatever, whether by land or by sea, in the service of or for or under or in aid of any foreign prince, state, potentate, colony, covince, or part of any province or people, or in the service of or for or under or in aid of any person or persons exercising or (a) Stat. 1 W. & M. st. 1. c. 8. gives a new oath. taining or procuring others to enlist, guilty of the like offence. assuming to exercise the powers of government in or over any 59 G. 3. c. 69. foreign country, colony, province, or part of any province or people, either as an officer or a soldier, or in any other military capacity, or as an officer or sailor, or marine, in any such ship or vessel as aforesaid, although no enlisting money or pay or reward shall have been or shall be in any or either of the cases aforesaid actually paid to or received by him, or by any person to or for his use or benefit; or if All persons reany person whatever, within the united kingdom of Great Britain and Ireland, or in any part of his majesty's dominions elsewhere, or in any country, colony, settlement, island, or place belonging to or subject to his majesty, shall hire, retain, engage, or procure, or shall attempt or endeavour to hire, retain, engage, or procure, any person or persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such service or employment as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea service, for or under or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or for or under or in aid of any person or persons exercising or assuming to exercise any powers of government as aforesaid, or to go or to agree to go or embark from any part of his majesty's dominions, for the purpose or with intent to be so enlisted, entered, engaged, or employed as aforesaid, whether any enlisting money, pay, or reward shall have been or shall be actually given or received, or not; in any or either of such cases, every person so offending shall be deemed guilty of a misdemeanor, and upon being convicted thereof, upon any information or indictment, shall be punishable by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted." §3. Nothing in this act contained shall extend to render any person liable to any punishment or penalty under this act, who at any time before the 1st of August 1819, within any part of the U. K., or of the islands of Jersey, Guernsey, Alderney, or Sark, or at any time before the 1st of November 1819, in any part or place out of the U. K., or of the said islands, shall have taken or accepted, or agreed to take or accept any military commission, or shall have otherwise enlisted into any military service as a commissioned or non-commissioned officer, or shall have enlisted, or entered himself to enlist, or shall have agreed to enlist or to enter himself to serve as a soldier, or shall have served, or having so served shall, after the said 1st of August 1819, continue to serve in any warlike or military operation, either as an officer or soldier, or in any other military capacity, or shall have accepted, or agreed to take or accept any commission, warrant, or appointment as an officer, or shall have enlisted or entered himself to serve, or shall have served, or having so served shall continue to serve as a sailor or marine, or shall have been employed or engaged, or shall have served, or having so served shall, after the said 1st of August, continue to serve in and on board any ship or vessel of war, used or fitted out, or equipped or intended for any warlike purpose; or shall have engaged, or contracted or agreed to go, or shall have gone to, or having so gone to shail, after the said 1st day of August, continue in any foreign state, country, colony, province, or part of a province, or to or in any place beyond the seas, unless such person shall embark at or proceed from some port or place within the U. K., or the islands of Jersey, Guernsey, Alderney, or Sark, with intent to Act not to ex- |