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. Given at aforesaid, in the county aforesaid, under my seal, year of the reign of our

in the

the
day of
said sovereign lord king William the fourth.

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 not warranted by the statute. See antè, p. 231.

D. Precept to the Sheriff to return a Jury.

day of

County of 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, tres-
passes, 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
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 in-
quire 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
the statute in such case made and provided. And you are to return
upon every of the jurors by you in this behalf to be impannelled
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 ensue. Witness the said R. W. at
aforesaid, the

of

yeoman, at

day of

in the

The Juror's Oath.

in the county year of the reign

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 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.

County of } AN inquisition for our sovereign lord the king, in

the

day of

in the

at

in the said county, 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

D.

E.

F.

the same county committed, who say upon their oaths aforesaid, that A. I. of- aforesaid, yeoman, long since lawfully and peace

-

yeoman, B. O.

ably 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 A. O. late of
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 inquisition aforesaid true.

F. Warrant to the Sheriff for Restitution.

A. B.

C. D. &c.

County of 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 com-
mitted, to the sheriff of the said county, greeting: Whereas by an
inquisition taken before me the justice aforesaid, at-
year of the reign of
upon the oaths of.

in the and by virtue

of the statutes made and provided in cases of forcible entry and detainer, it is found that A. O. late of

yeoman, on the

day of

yeoman, and B. O.
late of-
now last past,
into a certain messuage with the appurtenances of A. I. of
aforesaid, in the county aforesaid, gentleman, situate, lying, and
being at aforesaid, in the county aforesaid, with force and
arms did enter, and him the said A. I. thereof then with strong hand
did disseise and drive out, and him the said A. I. thus driven out
from the aforesaid messuage, with the appurtenances, from the

day of aforesaid to this present day of the taking of the said
inquisition with strong hand and armed force did keep out, and do
yet keep out, as by the inquisition aforesaid more fully appeareth of
record: Therefore on the behalf of our said sovereign 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 messuage and other the
premises, and the same with the appurtenances you cause to be re-
seised, and that you cause the said A. I. to be restored and put into
his full possession thereof, according as he, before the entry afore-
said, was seised, according to the form of the said statutes. And
this you shall in no wise omit, on the penalty thereon incumbent.
Given under my hand and seal at
in the said county, the
year of the reign

of

day of

in the

For any additional forms which may be requisite, see Wentworth's System of Pleading, vol. iv. from 148. to 156,

Foreign Service.

[3 J. 1. c. 4.59 G. 3. c. 69.]

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 control inconsistent with the 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. 1 East's P. C. 81. 4 Blac. Com. 122.

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. 1 Haw. c. 22. § 3. 1 Russ. 91.

Any engagement incon

sistent with allegiance, a

misdemeanor at common law.

J. 1. c. 4. English subject going into foreign service without taking oath, &c.

But with respect to serving, or procuring others to serve, foreign states, provisions have been made by several statutes. Stat. 3 Jac. 1. c. 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 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, or place of captain, lieutenant, or any other place, charge, Military officers or office, in camp, army, or company of soldiers, or conductor of going into fosoldiers, shall after go or pass voluntarily out of this realm, to reign service. 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 H. M., his heirs and successors, without the leave or licence of H. M., his heirs or successors, for that purpose first had and obtained, under the sign manual of H. M., his heirs or successors, or signified by order in council, or by proclamation of H. M., 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 shall 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

(a) Stat. 1 W. & M. st. 1. c. 8. gives a new oath.

59 G. 3. c. 69.

Subjects enlisting or engaging to enlist or serve in foreign service, military or naval, guilty of misdemeanor.

59 G. 3. c. 69. people, either as an officer or soldier, or in any other military capacity; or if any natural-born subject of H. M. shall, without such leave or licence 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 H. M. shall, without such leave and licence 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, province, 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 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 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 any person whatever, within the U. K. of G. B. and Ireland, or in any part of H. M.'s dominions elsewhere, or in any country, colony, settlement, island, or place belonging to or subject to H. M., 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 H. M.'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."

All persons retaining or procuring others to enlist, guilty of

the like offence.

Act not to ex

§ 3. Nothing in this act contained shall extend to render any tend to persons person liable to any punishment or penalty under this act, who at enlisted or serv- 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 shall, 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 serve as an officer, soldier, sailor, or marine, contrary to the provisions of this act, after the said 1st of August, or shall embark or proceed from some port or place out of the U. K., or the islands of Jersey, Guernsey, Alderney, or Sark, with such intent as aforesaid, after the said 1st of November, or who shall, before the passing of this act, and within the said U. K., or the said islands, or before the 1st of November, 1819, in any port or place out of the said U. K. or the said islands, have hired, retained, engaged, or procured, or attempted or endeavoured to hire, retain, engage, or procure any person whatever to enlist or to enter, or to engage to enlist or to serve, or be employed in any such service or employment as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea service, or to go, or agree to go or embark for the purpose or with the intent to be so enlisted, entered, or engaged or employed, contrary to the prohibitions in this act contained; but all and every such persons shall be in such state and condition, and no other, and shall be liable to such fines, penalties, forfeitures, and disabilities, and none other, as such person was liable to before the passing of this act, and as such person would have been in and liable to, in case this act and the said recited acts by this act repealed had not been passed.

59 G. 3. c. 69.

ing before the

times herein specified.

4. It shall be lawful for any justice of the peace residing at or Justices to issue near to any port or place within G. B. and Ireland, where any warrants for the offence made punishable by this act as a misdemeanor shall be apprehension committed, on information on oath of any such offence, to issue of offenders. his warrant for the apprehension of the offender, and to cause him to be brought before such justice, or any justice of the peace; and it shall be lawful for the justice of the peace before whom such offender shall be brought, to examine into the nature of the offence upon oath, and to commit such person to gaol, there to remain until delivered by due course of law, unless such offender