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A15832 A treatise conteining divers benefits and priuiledges, and the power and authoritie granted to the patentee, who hath his Maiesties licence or grant of charter warren vnder the great seale of England Collected out of diuers of the lawes and statutes of this kingdome, and viewed and allowed by Sir Henry Yelverton knight, his Maiesties Atturney Generall, for all those who take the graunt. To be deliuered to them at the office thereof, kept at the house of Sir Henry Breton knight, one of the commisioners for making of the said graunts, in Drury Lane. Yelverton, Henry, Sir, 1566-1629. 1617 (1617) STC 26093; ESTC S102800 8,100 16

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any guiltie thereof be found fugitiue and haue no lands sufficient whereby he may be iustified so soone as the King shall finde it by Inquest he shal be proclaimed from Countie to Countie and if he come not he shal be outlawed and if none thereupon doe sue within a yeere and a day the King shall haue the suit And if such trespassour take tame beasts in a Parke or other thing let the common Law bee executed vpon him as vpon one for theft and robberie Trespasse De male factoribus in parcis 21. H. 7. lies onely for Trespasse done in Parkes by the Statute of Westminster 1. Com. 124. and not for Trespasses done in Forrests and this Statute shal be taken strict Dyer fo 238. Wye and others were condemned vpon the Statute of Westminster the First cap. 20. For the taking of a Sorerell and ten Raskals in a Trespasse And the defendants being in the prison in the Marshalsey after three yeres were compelled to finde sureties of London and Southwarke wherof two were Gentlemen and yomen by Recognizance euery suretie in tenne pound and the defendant himselfe in fortie pound to the King that he should not offend against the Statute in any Parke or VVarren which was not licensed Brook Trespasse 106. 5. H. 5. 1. Iudgement in a Trespasse of entring into a Parke to course although nothing was killed was thus xl shillings for the costs and dammages and that the defendant should be imprisoned three yeeres and to pay a Fine to the King and at the three yeeres end to finde sureties that hee should not offend againe and if he cannot finde sureties then to foriure the Land 22. H. 6. 59. Fitzh 69. A man shall not haue an Action of Trespasse for taking or killing his Deere vnlesse hee be a tame Deere but an Action will lie for breaking into his Parke being licensed and taking away his Deere precij c. Cooke lib. 9. fo 7 If a generall Action of Trespasse bee brought for trespassing in Parks the plaintife shal not haue Iudgement vpon the Statute And therefore the Action must be brought vpon the Statute of Westminster 1. although the Statute giue no forme of Action Rastall fo 7. St. 1. H. 7. c. 7. If any person hunt in any Parke Warren or Forrest so licenced by night or with painted faces visors or other disguisements If information thereof be giuen to any of the Kings Councell or Iustices of Peace they may thereupon make warrant to the Shiriffe to bring such person suspected before him who makes the warrant or any other of the Kings Councell or Iustice of Peace within the same Countie who may examine such offendour and of others in that behalfe likewise offending And if the person examined wilfully conceale the sayde huntings or priuie person with him defectiue therein then such concealements shall bee felony and bee determined as other felonies And if he confesse the truth then such offences done by hunting shal be against the King but a Trespasse fineable to be assessed by the Iustices of the next generall Sessions in that County to be held And if any rescous be made in hindering the execution of such warrant whereby such warrant cannot be executed such rescous is felony And if any be conuicted of hunting with painted faces visors or otherwise disguised to the intent that they should not be knowne or in time of night the like punishment shal be laid vpon him as if hee were conuict of felony If any Forrester Keeper or Warrener Stamford fo 14 St. 21. E. 1. shall finde any wandring within his liberty in any Forrest Chase Parke or Warren and such offendour being by him or them required to yeeld to the peace will not but continues his offence or flees or defends himselfe with force and Armes although any such Forrester Keeper or Warrener or any other comming in their company and ayding such Forresters Keepers or Warreners doe kill any such offendour he shall not receiue any punishment for the same But if any Forrester c. bearing malice to any man will lie within his libertie and will pretend against any passing through his lihertie that hee had an intent to offend and vpon such malice doe kill him this is felony A Prouiso is there conteined Rastall husbandry tillage 7. that this Statute of conuerting tillage into pasture shall not extend to any lawfull Parke meant licensed or ancient Warrens now vsed with Deere or Conies Fo. 238. 6. St. ● Eliz. cap. 2. or to any other Parkes heeretofore lawfully vsed as Parkes and now disparked or to any other grounds that heeretofore haue beene by any of her Highnesse progenitors or heereafter shall fortune to bee made Parke or Warren by licence of our Souereigne Lady the Queene her heires and successours with sufficient clause of dispensation for conuerting of tillage into pasture and shal be laid for the mainteining of Deere and Conies without couin and not for the keeping of any other cattle or beasts then milch Kine for themselues or their Keeper for prouision of their houses or for Horse or Gelding Mares Colts or Swine St. 3. Iacobi c. 13 If any in the night or by day wrongfully doe enter into any Parke or Ground vsed or kept for breeding of any Deere or Conies and doe vnlawfully hunt driue or chase out or take kill or sley any Deere or Conies against the will of the owner and shall bee thereof conuicted at the suite of the King or of the partie grieued he shall suffer imprisonment of his body by the space of three moneths and also shall yeeld and pay to the partie grieued his treble dammages and costs and to bee assessed by the Iustices before whom hee or they shall bee conuicted after the saide three moneths expired and shall finde sufficient sureties for his good abearing c. for the space of seuen yeeres after or else shall remaine and continue still in prison without Bayle or Maineprise vntill they so doe finde sureties And it shall and may bee lawfull to and for the partie grieued to take his further remedie against all and euerie such offendour for his losse and dammage and to recouer the trebble value of the same as well before the Iustices of Oyer and Terminer Iustices of Assise in their circuits and Iustices of the Peace and Gaole Deliuery in the Sessions or else where in any of the Kings Courts of Record at Westminster And vpon true satisfaction of the trebble dammages or vpon confession thereof by the partie offending before the Iustices in open Sessions in the Countie where the offence was committed it shall bee at the libertie of the partie grieued to release at his pleasure the suretieshippe of the good behauiour at any time within the seuen yeeres or before No person not hauing lands of tenne pound deere yeerely value or worth in goods and chattels St. 3. Iacobi c. 13 two hundred pounds shall vse any Gun Bow or Crosse-Bow to kill any Deere or Conies or shall keepe any Buck-stall or Engyn Hayes Gabents Pursnet Firrets or Conny-dogs except such as haue any ground imparked with Pale or Hedge vsed for keeping and breeding of Deere and Conies the increase of which Conies shall amount to the cleere yeerely value of fortie shillings to bee letten at least or Keepers or Warreners in their Parkes Warrens or Grounds belonging to their charge And if any such person so offend any one seised of lands in Fee Fee-tayle or for life of the yeerely value of one hundred pounds may take to his owne vse for euer any such Gun Bow or Crosse-Bowe Iustices of Oyer and Terminer St 3. Iacobi c. 13 Iustices of Assise in their circuits and Iustices of Peace and Gaole Deliuerie in their Sessions shall haue authoritie to inquire of these offences done in their grounds and award Processe thereupon as well vpon Inditement taken before them as by bill of Complaint Information or any other Action in which suit or Action no Essoine Protection or wager of Law is allowed And if any bee bound as aforesaid to the good behauiour if at any time within the seuen yeeres before the Iustices of Peace of the saide Countie where the offence was committed or some of them in open quarter Sessions doe acknowledge his offence and confesse himselfe to bee sorrie for the same and satisfie the partie grieued for his Act Then the same Iustices haue power in that their open Session or any other if it seeme good to their discretions to discharge the partie so bound and his Recognizaunce and Bond. Prouided that this Act of 3 Iacobi doe not extend to any Parke or inclosed ground made or hereafter to bee made or vsed for Deere or Conies without the Graunt or Licence of the King his heires or successors FINIS