Page:Landholding in England.djvu/95

 schemes, which ended in the setting up of poor Lady Jane Grey.

When Somerset was safe in the Tower, Parliament passed an Act re-enacting the old Statute of Merton (20 Henry III.), which allowed lords of manors to enclose wastes, provided their tenants had enough common pasture—if there was any doubt as to this, an "assize" was to decide. But now there was nothing about an assize—anyone might enclose ground, if it was waste, and not more than 3 acres. Section 5 of 3 & 4 Edward VI, is one of the most extraordinary Acts on record. It even surpasses that for making proclamations law—now repealed. This Act made it treason to attempt to kill or imprison a Privy Councillor—thus extending to the Council of State the sacredness of the King's own person. Two years later Somerset was condemned under his clause, for intending to attempt to imprison Warwick, But the main part of the Act is concerned with rebellions. Twelve or more persons assembled with a view to, or break down enclosures (not a word of whether legal or illegal), or dig up the palings of any park or fish-pond, or take right of common or of way in any such park, or destroy deer or deer-houses, or burn cornstacks ; who, being commanded to disperse, refuse, are guilty of felony. It is also felony to call such assemblies together by ringing of bells, blowing of horns or trumpets, or by handbills. Forty persons assembled and continuing for two hours to commit the foregoing or any other traitorous acts, are declared traitors, and are to suffer the penalties of treason. So are their wives and servants if they willingly carry them money, weapons, meat, or drink, while so assembled. Two or more persons "assembled," and attempting to kill a subject, or pull down an enclosure, to be imprisoned for a year, and with fine and ransom to the King, "at his pleasure." Sheriffs and justices may assemble {{smallrefs}