Page:Ruffhead - The Statutes at Large - vol 2.djvu/300

 2-52 C. 3. Anno tricefimo primo Henrici VIII. A. D. 1539, Night, or break-* Pikes, Bremes, Carps, Tenches and other Fifties, whereof they have thought to have had great Com- ing [he Head of c mo^jty^ as we ll f or the Pleafure of their Friends, as for their own Commodity and Profit towards the ne- Fim Iha^be" ' ce ^ r Y finding of their Houfes, divers and many light and unreafonable Perfons of this Realm, being of Felony. Re- ' lin good Rule nor Honefty, little or nothing regarding God, the Fear of their Sovereign Lord the King's pealed' i Ed. 6. ' Highnefs, nor his Laws, have not only fiftied the faid Ponds, Stews and Motes, as well by Night as by c. 12. i M. ' Day, with Nets, Hooks, and Baits of divers Sorts, but alio with great Number of mifruled Perfons have jahLzlft'a'ny ° r ' Stews and Motes, and deftroyed and taken the Fifti of the faid Ponds, Stews and Motes, to the great Pond," Stew 'or ' Difpleafuies and Lofles of the Owners of the faid Ponds, Stews and Motes, and contrary to all good Rea- Mote, in the ' fon, Right and Confcience.' Wherefore be it enacted by the King our Sovereign Lord, with the Affent Day-time, with- f the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament afTembled, and by the out the Owner's Authority of the fame, That as well all manner of fiftiings with any Nets, Hooks or Baits, of what Kind Month s'lmpri- foever they be, in any feveral Pond, Stew or Mote, with an Intent to fteal Fifti out of the fame, done or fonment, and committed at any Time after the Feaft of the Nativity of Saint John Baptiff next coming, that is to fay, after to find in the one and thirtieth Year of the Reign of our faid Sovereign Lord, from the Hour of Six in the Even- Surety for his tjjg^ unt0 the Hour of Six in the A-Iorning, againft the Wills and Minds of the Owners or Poffeflioners of Altered byTll i " ucn P onQS > Stews or Motes, as alfo the unlawful breaking up of the Head of any feveral Pond, Stew or c, "I y 5 ' Mote, by Day or by Night, after the faid Feaft, without Colour of Title fo to do, whereby any Fifti of ThisClaufeis fi° ner °f the fame, be to all Intents deemed, taken and adjudged Felony; and that thofe Perfons fo of- irpealed by fending ftiall have and fuffer all fuch Pains of Death and Punifhments, as other Felons ought to have and i E. 6. c. i2. fuffer for Felony by the Courfe of the Laws of this Realm. §■4- II. And alfo be it further enacted by the Authority aforefaid, That if any fuch evil difpofed Perfons, after the Feaft before limited, do fifti in the Day-time, at any other Time than is before rehearfed, in any fuch feveral Ponds, Stews or Motes, with any manner of Nets, Hooks or Baits, as is aforefaid, what Kind foever they be of, againft the Will, Pleafure and Mind of the Owners or Pofteffors of the fame feveral Ponds, Stews or Motes, not having any manner of Colour of Title fo to do, and thereof be lawfully con- vict at the Suit of our Sovereign Lord the King, or the Party grieved, that then the faid Parties fo con- victed ftiall fuffer Imprifonment by the Space of three Months, and after the faid iii Months expired, fliall find fufficient Surety for his or their good Abering, or eife to remain ftill in Prifon without Bail or Main- prife, unto fuch Time he or they can find fuch Surety. CAP. III. An Act changing the CuRom of Gavelkind. Tlfe Manors, &c. "T™ 1 FIE King our Sovereign Lord, for divers Confiderations his Majefty moving, by Authority of this of Thomas Lord fi. his High Court of Parliament, enacteth, ordaineth and eftablifheth, That as well ail the Lordfhips, Crumwel, and Manors, Lands, Tenements, Woods, Paftures, Rents, Services, Reverfions, Remainders, Advowfons, Numb" 81? tle aru ^ a ^ otner whatfoever Plereditaments, fet, lying and being within the County of Kent, of the which Tho- xxxiv. Perfons mas Crumwel, Knight of the honourable Order of the Garter, Lord Crumwel of Wimbledon, Lord Privy teingwiihin the Seal, Thomas Burgh Knight, Lord Burgh, George Broke Knight, Lord Cobham, Andrew Windfor Knight, County of Kent, Lord Windfor, Thomas Cheine Knight, Treafurer of our faid Sovereign Lord the King's moil honourable L nd d GaV frfn nd Houftiold, Chri/lopher Hales Knight, Mafter of the Rolls of our faid Sovereign Lord's Court of Chancery, lJwLfr., Ltr.*A Thomas Willouehhy Knight, one of the judges of the King's Court of the Common Place, Anthony Saint- liereattcrdelcend, .,. & J s > J a,. ■ &, . > J as Lands at the "'/»'>' Knight, Edward Wotton Krught, Edward Bweton Knight, Roger Lhclmeley Knight, Serjeant at .Law, Common Law. John Champneis Knight, John Baker Efquire, our faid Sovereign Lord the King's General Attorney, Reinol Scotte Efquire, John Guilford Efquire, Thomas Kempe Efquire, Edward Thivaitis Efquire, William Roper Efquire, Anthony Sandes Efquire, Edward ljaac Efquire, Percival Hart Efquire, Edward Monyns Efquirej William TVheUial Efquire, John Fogge Jtfquire, Edmund Fetyplaee Efquiie, Thomas Hardres Efquire, Wil- liam Waller Efquire, Thomas Wylfor'd Efquire, Thomas Moile Efquire, Thomas Harlakinden Efquire, Geffrey Lee Efquire, James Hales, Henry HuJJ'ee and Thomas Roidon Gentlemen, or any of them, is or be feifed to his or their own Ufe or Ufes in Fee-iimple or in Fee-tail, the which now been of the Tenure and Nature ■Harare's 325. of Gavelkind, and heretofore have been departed or be departible between Fleirs Males by the Cuftom of Gavelkind, ftiall from henceforth be clearly changed from the faid Cuftom, Tenure and Nature of Gavel- kind, and in no wife hereafter be departed or departible by the faid Cuftom of Gavelkind between Heirs 1 Males, but fhall remain, revert, abide, defcend, come and be, after and according as Lordfhips, Manors,; Lands, Tenements and other Hereditaments do or may defcend, remain, revert, abide, come or be, ac- cording to the Common Law of this R.ealm, and as other Manors, Lands and Tenementsbeing in the faid County of Kent, which never were holden by Service of Soccage, but be and always have been holden by Knights Service, do defcend, remain, revert, abide, come and be; and in like Manner to defcend and be defcendible, remain, revert, come and be inheritable to the Heir or Heirs, after and according to the faid Common Laws of thisRealm of England. (2) And that all and fingular the faid Lordfhips, Manors, Lands, Tenements and other Hereditaments, Lord Cobham, Lord Windfor, Thomas Edward Wotton, Edivard Boveton, Roger _. ford, Thomas Kempe, Edward Thwaitis, William Roper, Anthony Sandes, Edivard Ifaac, Percival Hart, Ea- vjard Monyns, William Whetnal, John Foggc, Edmund Fetyplaee, Thomas Hardres, William Waller, Thomas Wylford, Thomas Moile, Thomas Harlakinden, Geffrey Lee, James Hales, Henry Hufj'ee and Thomas Roidon, or of any of them, 'and which before the making of this Ad have been of the faid Nature and Tenure of 3 Gavelkind
 * rh" p "Y" f ' enterec ' lnt0 u,c ' n Grounds, and there with great Violence have broken up the Heads of the fame Ponds,
 * Read c 2i. the fame Pond, Stew or Mote, is taken or deftroyed, againft the Will or Mind of the Owner or Poffef-