Page:Ruffhead - The Statutes at Large - vol 2.djvu/224

 1 86 C.i.3, Anno vicefimo quinto H e n r i c i VIII. A. D. 1 5 3 3. Juftices of the Peace (hallin- quire of the Of- fenders of this Act. Within what Time the Suit (hall be com- menced again!! an Offender. Every Perfon temporal may keep upon his Inheritance, &c, .as many Sheep , as he will. Two thoufand Sheep may be kept by any Per' ion upon De- melns and ' ' Farms. Sheep- for the Maintenance of his Houfe above two thoufand. How Fold- courfes in Nor- folk (hail be ufed, and Quil- lets ot Land. To which Sort »f Quillets this Statute doth ex tend, and to which not. V. And it is further enafted, That the Juftices of the Peace of every Shire (hall have Power and Autho- rity to enquire of the Offenders of this Aft, as well by the Oaths of twelve Men, as by Information of any of the King's Subjects, and to make fuch like Procefs upon every Prefentment or Information concern- ing this Act, as they ufe commonly to do upon Prefentments before them of Trefpafs ; and that no Perfon being convift by ConfefTion or otherwife, that he hath done or attempted contrary to this Act, {hall be put to any lefs Fine than after the Rates of the Forfeitures afore limited by this Aft. VI. Provided always, That no Perfon fhall be put to any Anfwer or Lofs of any Forfeiture by Virtue of this Aft, at the Suit of any the King's Subjefts, by any Original Writ of Debt, Bill, Plaint or Infor- mation, except the Suit be commenced within one Year next after the Offence done or committed con- trary to this Aft: (2) Nor that any Perfon fhall be put to anfwer, nor to any Lofs of any Forfeiture by Virtue of this Aft, by reafon of any Prefentment, Aftion or Information at the King's Suit, except the fame Prefentment, Aftion or Information be had and made for the King within three Years next after the Offence done or committed. VII. Provided always, That all and every Perfon and Perfons, being the King's 1 emporal Subjefts of this Realm, and born under his Obeifance, which at this prefent Time, or at any Time hereafter, fhall have or be ieiled of Inheritance, in Poilcffion or in Ufe, or that now hath, or hereafter fhall have Juncture in Ufe or in Poffeffion, or be or fhall be Tenant in Dower, or by the Curtefy of England, of or in any Manors, Lands, Tenements, Paftures, Feedings or Liberty of Foldage within any Part of this Realm of England, Wales, or the Marches of the fame, that every fuch Perfon and Perfons, having any fuch Pof- feffion to his own Ufe, and every fuch Perfon and Perfons, to whofe Ufe any other Perfon or Perfons now is or be, or hereafter fhall be feifedof any fuch Eftate, as is before rehearfed, may at all Times hereafter have, enjoy, keep and maintain upon the fame their own demefh Lands, and all other their Paftures, Feed- ings and Fold-courfes, which they fo have, as many their own Sheep and Lambs in Number to their own proper Ufe, Profit and Behoof, as they or any of them of Right had, or lawfully might have had and kept upon the fame, or upon any Part thereof, at any Time before the making of this prefent Aft ; this Aft, or any Thing therein contained or fpecified to the contrary in any wife notwithftanding. VIII. And over that be it enafted by the Authority aforefaid, That in cafe any fuch Perfon or Perfons,. having any fuch Eftate in Ufe or in Poffeffion, of or in any Manors, Lands, Tenements, Paftures, Feed- ings, or Liberties of Fold-Courfes, as is before expreffed, have or do keep upon the fame their PofTeffions the Number of two thoufand Sheep, or above, the fame Perfon or Perfons fo having the Number of two thoufand Sheep, or above, fhall not in any wife keep, fuftain, or have any Sheep above or befide the faid Number of two thoufand upon any Lands, Paftures or Feedings, which the fame Perfon or Perfons have, or hereafter fhall have, or take in Ferm or otherwife, upon fuch like Pains and Forfeitures for the fame, as be limited in the faid Aft; that is to fay, for every Sheep over and above the faid Number of two Thoufand, three Shillings Four-pence : (2) And in cafe the faid demefn Lands, Tenements, Paf- tures, Feedings and Liberties of Fold-coiirfes of any Perfon or Perfons before rehearfed, fuffice not for the- Feeding, Pafturing and keeping of two thoufand Sheep, as is afore faid, that then every fuch Perfon fhall and may have, fuftain, or feed upon his faid demefn Lands, and upon his Ferm-holds, which he lawfully may have, to the faid Number of two thoufand Sheep, and not above, upon Pain of Forfeiture for every Sheep above that Number, iij. s. iv. d. IX. Provided alway, and be it enafted, That it fhall be lawful to every Perfon or Perfons within this Realm, keeping a Houfhold, to have from Time to Time fuch convenient Number of Sheep over and- above the Number expreffed in this Aft, as fhall be neceffary for the only Expences of his Houfhold, to be provided, kept and fed, in and upon his own Lands, or other Lands, fuch as he can or lawfully may have or provide for, in Ferm or otherwife ; any Thing in this prefent Aft contained to the contrary notwith- ftanding; (2) fo that the fame Houfholder at no one Time fhall have or keep, for the Expences of his Houfhold, or by colour of the fame, over and above the Number to him limited by this Aft, any Number of Sheep more than fhall fuffice for the only Expences of his Houfhold for one Year, without Fraud or Covin ; any Thing in this prefent Aft mentioned or expreffed to the contrary notwithftanding. X. Be it alio further enafted by the Authority aforefaid, That no Manner of Perfon or Perfons, of what Degree loever he or they be, being Lord or Lords, Owner or Owners, Farmer or Farmers, of or in any Liberty of Fold-courfes within any Town, Tything, Village or Hamlet within any of the Counties of Nor- folk and Suffolk, from and after the Feaft of the Nativity of our Lord God next coming, fhall take in Farm for Term of Years, or otherwife, any Quillets of Lands or Paftures, that is to fay, any Number of Acres of Land or Paffure appertaining to any other Perfon or Perfons, lying and being within the Limit, Extent or Precinft of the faid Liberty of the faid Fold-courfes ; (2) but that they fhall permit and flitter the faid Perfons, having or being, for the Time, Owner or Owners, Leffee or Leffees of the faid Quillets, to ma- nure and pafture the faid Quillets ; (3) and alfo fo fuffer the Sheep of the faid Owner or Owners, Farmer, or Farmers of the faid Quillets, after the E.ate of the fame Quillets, to go with the Flock of the Owner, Farmer or Occupier of the faid Liberty or Liberties of the faid Fold-courfes, paying the cuftomary Charges for the keeping and feeding of the fame, after the Rate and Ufe of the Country there commonly ufed, with- out any Interruption therein to be made by the faid Owner or Owners, Farmer or Farmers, or Occupiers of the faid Liberties, (4) upon Pain of Forfeiture for every Time that any fuch Perfon having any fuch Quil- let, that fhall be fo letted or difturbed of feeding, keeping or pafturing any of his Sheep, fo to be fed and kept aftejr the Rate of his faid Quillet, for every fuch Sheep ill. s. iv. d. XI. Provided alway, That this Aft, or Branch concerning Quillets, or any Thing therein contained, fhall not in any wife be available to any Tennnt, Owner or Occupier of any fuch Quillet or Quillets, to "claim, have, or ufe hereafter any fuch Pafture, or Feeding of his Sheep, in or with any fuch Fold-courfes, but only where the Tenants, Owners and Occupiers of anv fuch Quillets, have had, or might have had heretofore of Right and Duty, or ufed to have Pafture and Feeding in the faid Fold-courfes, by rcafen of their.