is a violent and actual entry into houses or lands; and a forcible detainer, is where one by violence with-holds the possession of lands, &c. so that the person who has a right of entry is barred, or hindered, therefrom.

At common law, any person that had a right to enter into lands, &c. might retain possession of it by force. But this liberty being abused, to the breach of the peace, it was therefore found necessary that the same should be restrained: Though, at this day, he who is wrongfully dispossessed of goods may by force retake them. By statute, no persons shall make an entry on any lands or tenements, except where it is given by law, and in a peaceable manner, even tho' they have title of entry, on pain of imprisonment: and where a forcible entry is committed, justices of peace are authorized to view the place, and enquire of the force by a jury, summoned by the sheriff of the county; and they may cause the tenements, &c. to be restored, and imprison the offenders till they pay a fine. Likewise a writ of forcible entry lies, where a person seised of freehold, is by force put out thereof.

FORCIBLE Marriage, of a woman of estate, is felony. For by the statute 3 H. 7. c. 2. it is enacted, "That if any persons shall take away any woman having lands or goods, or that is heir-apparent to her ancestor, by force, and against her will, and marry or defile her; the takers, procurers, abettors, and receivers, of the woman taken away against her will, and knowing the same, shall be deemed principal felons; but as to procurers and accessories, they are, before the offence be committed, to be excluded the benefit of clergy, by..." The indictment on the statute 3 H. 7, is expressly to let forth, that the woman taken away had lands or goods, or was heir apparent; and also that she was married or defiled, because no other case is within the statute; and it ought to allege that the taking was for lucre. It is no excuse that the woman at first was taken away with her consent; for if she afterwards refuse to continue with the offender, and be forced against her will, she may from that time properly be said to be taken against her will; and it is not material whether a woman so taken away be at last married or defiled with her own consent or not, if she were under force at the time; the offender being in both cases equally within the words of the act.

Those persons who, after the fact, receive the offender, are but accessories after the offence, according to the rules of common law; and those that are only privy to the damage, but not parties to the forcible taking away, are not within the act, H. P. C. 119. A man may be indicted for taking away a woman by force in another country; for the continuing of the force in any country, amounts to a forcible taking there. Ibid. Taking away any woman-child under the age of 16 years and unmarried, out of the custody and without the consent of the father or guardian, &c., the offender shall suffer fine and imprisonment; and if the woman agrees to any contract of matrimony with such person, she shall forfeit her estate during life, to the next of kin to whom the inheritance should descend, &c. Stat. 4 & 5. P & M. c. 8. This is a force against the parents: and an information will lie for seducing a young man or woman from their parents, against their consents, in order to marry them, &c. See Marriage.