Page:Ruffhead - The Statutes at Large - vol 2.djvu/469

 A. D. 1549. Anno tertio 8c quarto Edward 1 VI. ( . 3. 43! that they 1 - 1 ol their Manors, as of Wjff I .-, ;i s much as helongcd unto th r Tenements, I itfocver 1 V- 1 i • ' ii, iiiul that tin d ! fs into and I ii Tcni mem unto t then they fhould therewith be contented, and that I : quid ith Ii that they mi ht mal Profit ol (4) and if it were laid that they 1 Pafture, or fi II , .is doth belong unto their Tenements a lid, that then the 1 tdd be enquired into by Aflife ; ' (•■) and if it were recognifed by the Affile- that their Ingrefs an4 Eere/s were in anyThing letted by the fame Defoi they had not fuffii i ml Pafture, and fufficient Ingrefi an as is abovefaid, that then they fhould recover their Set/in by View of the furors, fo that bj I ..on lath of them, the Complainants fhould have fufficient Pafture, and fufficient Ingrefs and Egrefs in n aforefaid ; and that the Diffcifors fhould be in Amerciament of the Kin-, and fhould yield Da- , as they were wont to do before the fame Provifion : (6) And if it were recognized by ti thai the Complainants had fufficient Pafture, with free Ingrefs and Egrefs as is above mentioned, 'That then the other might lawfully do their Profit of the Refidue, and fhould go quit from the: fame Aflife, as in the laid Eftatutc more plainly appeareth : ' II. And where alio in the Parliament holden at Wefttninjler after Eajlcr the xiij. Year of the Reign of By tfic ' king Edward the firft, it was ordained, That where in the Statute made at Ma ton, it was agreed that Ed. i. Sum. Lords of Waftes, Woods and Paftures, might approve themfelyes of their Waftes, Woods and Paftures J" y f „ notwithftanding the Gainfaying and Contradiction of their Tenants, whiles the fame Tenants had fuf- ma'y approve a- ficient Pafture to their Tenements, with free Ingrefs and Egrefs into and from the fame ; (2) And for pinft their that no Mention was made between Neighbour and Neighbour, many Lords of Waftes, Woods and Paf- N tig h h a na . tares, unto that Time were let by Contradiction or Gainfaying of Neighbours, having fufficient Pafture; (3) And forafmuch as foreign Tenants have no greater Right of CommonLng in the Wood, Waftc or Pafture of any Lord, than the proper Tenants of the fame Lord ; (4) it was from thenceforth ordained, That the (aid Statute provided at Marten between the Lord and his Tenants fhould have Place from thenceforth between the Lords of Waftes, Woods and Pafture, and Neighbours ; faying fufficient Pafture to their Men and Neighbours-; fo that the Lords of the fame Waftes, Woods and Paftures, may approve thcmlelvcs of the Refidue; (5) and that the fame fhould be obferved of them that claim Pafture as pertaining to their Tenements : (6) But if any. Man claim Common of Pafture by fpecial Feoffment or Grant, to a certain Number of Beafts, or othenvife than of common Right he ought to have it, where Covenant doth abrogate the Law, he fhall have fuch Recovery as he ought to have by Form of the Grant to him made: (7) And that by Occafion of a Windmill, Shecphoufe, Dairy, Augmentation or Increafe of any Court neceflary, or Curtilage, from thenceforth no Man fhould be grieved by Aflife of Novel Dif- fcifin of Common of Pafture. (8) And forafmuch as it bapneth fometime, that fomc Man having Right For what CauTss to approve to himfelf, hath made or levied a Ditch or Pledge, and other by Night or fuch other Time any may approve when they believe their Deed fhould not be known, do or will caft down the fame Ditch or Hedge, and Common - that it cannot be known by Verdict of Aflife or Jury, who did caft down the fame Ditch or Hedge, a Ditch or nor the Men of the next Towns will indict them that be guilty of the fame Deeds ; then the next HedgcofGround Townfhips adjoining about the fame fhall be diftrained, to levy or make up the fame Ditch or Fledge approved, cart at their proper Cofts, and to yield Damages; as in the laid Eftatute among other Things more plainly u °£ n °y p " foD * appeareth.' ' III. And forafmuch as the aforefaid Eftatutes been thought beneficial for the Commonwealth of this a Confirmation ' Realm of England;' Be it enacted by the King our Sovereign Lord, with the A/lent of the Lords Spiritual of the aforefaid and Temporal, and the Commons, in this prefent Parliament affembled, and by the Authority of the Stat,0t ' 2 ° H - 3- fame, That all and every the faid Statutes, and all Branches, Claufes, Articles, Sentences, Matters and '" fL l n, 3 t' Points contained and fpecified in them, and every of them, now not repealed, fhall from henceforth be y tJlt y[ J g^ ' good and effectual, and alfo to ftand and be in their full Strength, Force and Effect. IV. And becaufe that fuch Perfons as fhall bring Affile of Novel Dljpipi upon the faid Eftatutes or upon Treble Damares any of them, fhall by Force of the fame Eftatutes recover but only lingle Damages, which is thought to i„ an .Affile upon be a fmall Recompence for the fame: (2) Therefore be it enacted by the Authority aforefaid, That all the fajd Statu:::. fuch Perfon and Perfons as fhall at any Time hereafter bring Affile upon any Branch or Article of the faid Eftatutes or any of them, and have Judgment to recover, fhall have his or their Damages trebled by the Judgment of the Court where fuch Aflife and Judgment fhall be had. ' v. And where in divers Countries of this Realm there hath been builded upon Commons or wafte K ou fes built ' Grounds, certain neceflary Houfes with Ground under the Quantity of three Acres, and not above three upon Wattes ' Acres enclofed to and with the fame ; and in fome Place there is enclofed a Garden, Orchard or Pond, "itii three.Acr«9 ' out of or in fuch Waftes or Grounds which exceed not the Quantity of two Acres, or thereabouts, which ™ ?. ro " nd- enacted by the Authority aforefaid, That the faid two former Acts, nor any of them, nor any Thing in them or any of them contained, fhall extend to any fuch Houfe, Ground or other Thing fo inclofed as is kft herein before mentioned, ne fhall caufe any Perfon or Perfons to loi'e or Forfeit any Pain, Damage or Penalty for the fame. VI. Provided always, and be it enacted, That if any fuch Houfe hath been heretofore builded upon any fuch wafte Ground as is aforefaid, and that there be above the Number of three Acre.; enclofed to the fame, The Overplus that then the faid Houfe, and three Acres Parcel of the fame Enclosure, fhall itill remain, ftand, abide and »°»< laid open,
 * doth no Hurt, and yet is much Commodity to the Owner thereof and to others;' (2) Be it therefore J
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