Page:Ruffhead - The Statutes at Large - vol 2.djvu/262

 2 24 C. 7. Anno vicefimo feptimo Hen rici Vllf. A. EX 1535. To what Coun- ties this Statute cxtendeth not. otherwife ; in which Aftion or Suit the Defendant fhall not be admitted to wage his Law, or any Protection or EfToin fhall be unto the Defendant allowed in that Behalf. V. Provided alway, That this Aft extend not to charge the Lord, Owner or Owners of any Park or Ground in-clofed within the Counties of ' Wejlmerland, Cumberland, Northumberland and the Bifhopriclc of Durham, nor any of them, to keep any Mares for any Park or Parks, Ground or Grounds inclofed as is afore faid, lying in the faid Counties of Wejlmerland, Cumberland, Northumberland and the Bifhoprick of Durham, otherwife than they have or might have done before the making of this Aft; (2) nor alfo fhall extend to charge the Lords, Owner or Owners of any Park or Parks, or Grounds inclofed, with the find- ing of any Mares, the Herbage of which Park or Parks is common to the Tenants and Inhabitants of the Townfhips next adjoining to the fame Park or Parks ; any Thing in this prefent Aft made to the contrary hereof notwithftanding. Spiritual Perfona VI. Provided alfo, That every Spiritual Perfon and Perfons, charged and chargeable by this Aft with the may fell the in- finding of Mares, may lawfully bargain and fell the Increafe and Breed of their faid Mares; any Aft or Afts Mares" ' heretofore made to the contrary in any wife notwithftanding. For farther Prwifnm concerning Horfes, fee 32 H,%. c. 13. 2 & 3 P. & M. c. 7. %El, c. 8. 31 El, c, II, zl Jac. I, c,2.%.fc&. 11. 13 Gee. 2. c, ij, and iS Geo, 2, c. 34. CAP. VII. For the Abufes in the Forefts of Wales. A Rehearfa! of divers unlawful vere in fome Forefts in Wales. HERE divers and many Forefts being in Wales, and the Marches of the fame, as well of the Inheri- tance and Poffeflions of our Sovereign Lord the King, as of divers others being Lord Marchers ; c"ft"msftt ' w ' tn ' n which Forefts certain unreafonable Cuftoms and Exaftions have been of long Time unlawfully 4 exacted and ufed, contrary both to the Law of God and Man, to the exprefs Wrong and great impover- ' ifhing of divers, of the King's true Subjefts, (2) the Effeft of which faid unlawful Exaftions and Cuf- ' toms be hereafter declared ; that is to wit, It hath been there unlawfully ufed, that if it fortuned any of ' the King's-Subjefts to pafs, go or ride through or in any Way or Path of any of the faid Forefts, not hav- 1 ing upon him or them that fo fhall fortune to pafs, go or ride, a Token delivered to him or them by the
 * chief Forefters, Rulers, Walkers or Farmers, the which Token fhall be well known amongft all them

! that are Walkers and Rulers under him or them ; or that he or they that fo fhall fortune to pafs, go or ride ' in or through any of the faid Forefts, be not yearly Tributors or Chenfers, then he or they fo going, ri- ' or Chenfers, as is aforefaid, have ufed to pay by unlawful Exaftions, unto the faid Forefters, Rulers, 1 fons, not having fuch Token or Tokens, and not being a yearly Tributor or a Chenfer, as is aforefaid, ' fhould happen to be taken, found or efpied by any of the faid Forefters, Rulers, Walkers or Farmers, or ' their Afligns, by the Space of xxiv. Foot out of the Highway, then he or they fo being taken, found or 1 efpied out of the Highway, within any of the laid Forefts as is aforefaid, to forfeit and lofe unto the faid ' Forefters, Rulers, Walkers or Farmers, all fuch Money orGold as fhould be then found upon him or ' them fo being taken in any of the faid Forefts, out of the Highway, as is aforefaid. ' II. And alfo the fame Perfon or Perfons fo being taken or found out of the Highway, to forfeit and lofe ' a Joint of one of his or their Hands, or elfe to make Fine therefore with the faid Forefters, Rulers, Walk- ' ers and Farmers, at the Will and Pleafure of the faid Rulers-, Walkers or Farmers. ' III. And if alfo that it happen any Beaft or quick Cattle to come, go or efcape into any of the faid ' Forefts by Stray or Thief-ftolen, or otherwife, the faid Forefters, Rulers, Walkers or Farmers, after ' Knowledge to him or them given, have likewife unlawfully ufed to feize and take the fame Beaft or Cattle 4 as his or their own, and mark them with the Marks of their Foreft there ufed, and fo feifed, marked, 4 taken, and them retain as Cattle forfeited unto their own Ufe ; by reafon whereof the Owner and Own- 4 ers of the fame Cattle have been clear without Remedy for the having again of the faid Cattle, except 4 only by way of Redemption or buying again of their own Cattle, contrary to all Equity and Confcience:' (2) In Confideration whereof, it may pleafe the King's Highnefs, with the AfTent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by the Authority of the fame, to enaft, ordain and eftablifh, That from the Feaft of the Nativity of St. 'John Baptlft next coming, which will be in the Year of our Lord God 1536. all the faid unlawful Cuftoms be determined, void and had for naught throughout all and every of the faid Forefts within Wales and the Marches of the fame. IV. And that it fhall be lawful from thenceforth to all and every the King's true Subjefts, and all other Perfon or Perfons being in League and Amity with our Sovereign Lord the King, his Heirs and Succeflors, Kings of England, freely, quietly, and in Peace to pafs and repafs, travel, and go into and through the faid Forefts, and every of them, both onHorfeback and on Foot, as well following and driving of Cattle, as Forefts in Wales with carrying of Wares, or otherwife about their lawful Bufinefs and Affairs, without any Fine, Forfeiture, without Pay- Toll, Cuftom, Exaftion, or other Impofition to be taken, exacted or demanded of them, or any of them, by the faid Forefters, Rulers, Walkers, Farmers, or their Afligns. (2) And if it fhall chance or happen any of the faid Forefters, Rulers, Walkers, Farmers or their Afligns, or any of them, at any Time after the faid Feaft of St. 'John Bapfift, to take any Perfon or Perfons, being the King's true Subjefts, or other- wife in League and Amity with our faid Sovereign Lord, his Heirs or Succeffors, Kings of England, as is aforefaid, and exact and take of them, or any of them, any of the faid Forfeitures, Fines, Tolls, Cuftoms and Exaftions, as is above mentioned, and be thereof lawfully convifted, that then he or they fo doing and offending contrary to this Aft, to incur and ftand in the Dangers of the Statute heretofore provided for Rob- 3 belies Ail the King's Subjefts and Friends may pafs freely through all the ment of anv unlawful Ex- actions. The Penalty of fuch who take. unlawful Ex-
 * ding or travelling in or through any of the faid Forefts, having no Token, nor being yearly Tributors
 * Walkers and Farmers of the faid Forefts, a grievous Fine or Reward : (3) And if any Perfon or Per-