Forcible Entry Act 1588

by The Parliament of England

AN ACTE for Explanacon or Declaracon of the Statute of Octavo Regis Henrici Sexti, concerninge forcible Entries & the Indictments therupon to be founde.

WHEREAS there is one good Acte made and established in the eight yere of the raigne of Kinge Henrie the Sixt, againste suche psons as shoulde make forcible entrie into landes tentes and other possessions, or them shoulde forciblie holde; and one verie good pviso or clause in the saide Acte conteyned, as insueth: Provided alwaies, that they whiche keepe their possessions withe force in any landes & tents, whereof they or their ancestors have contynewed their possession in the same by three yeres or more, be not indamaged by force of the saide statute: And whereas divers of the Quenes Majesties good and lovinge subjects and their auncestors, or those whose estate they have, for manye yeres together, above the space of three yeres or more, have bene in quyete possession of their dwellinge houses and other their landes and possessions; and nowe of late divse of her Majesties saide subjects havinge entries made upon their possessions, havinge had such quiett and longe possession, for disturbinge of such entrors, and for keepinge of their possession againste suche enterers, by [cooler]^[1] of indictments of forcible entrie or forcible kepinge possession founde againste them by meanes of the othes of suche entrors, have bene removed and put out of their dwellinge houses and other their possessions, whiche they have quyetlie held by the space of three yeres together or longer tyme, next before suche indictments founde againste them; againste the true meanyng and intent of the saide pviso or clause conteyned in the saide Acte: FOR remedie of whiche inconvenience and for true declaracon and explanacon of the lawe therein, be it ordeyned declared and inacted by thauthoritie of this psent Parliament, that no restitucon upon any indictment of forcible entrie, or houldinge withe force, be made to anye pson or psons, yf the pson or psons so indicted hathe had the occupacon, or hathe bene in quyett possession, by the space of three whole yeres together, next before the daye of suche indictment so founde, and his her or their estate or estates therein not ended nor determyned; whiche the partie indicted shall and maye alleage for staye of restitucon, and restitucon to staye untill that be tried, yf the other will denye or traverse the same; and if the same allegacon be tried against the same pson or psons so indicted to paye suche costs and damags to the other partie, as shalbe assessed by the judgs or justics before whome the same shalbe tried, the same costs and damags to be recovered and levyed as is usuall for costs and damags conteyned in judgements upon other actions.

Notes

1. Printed copies read "colour"