Page:Ruffhead - The Statutes at Large - vol 2.djvu/714

 664 C. 7, Anno tricdimo primo Reginse Elizabeths. A. D. 1 5 89, CAP. VII. An Aft againft the eredting and maintaining of Cottages. biiiidin y a°Cot- TT ^ ^ ^ Avoiding of the great Inconveniences which are found hy Experience to grow by the Erec- tage without " ' Jl tm S an & Building of great Numbers and Multitude of Cottages, which are daily more and more en- four Acres of ' creafed in many Parts of this Realm;' (z) Be it enacted by the Queen's moft excellent Majefty, and the Land to it, and Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by the Au- the like for pia- thority of the fame, That' after the End of this Seflion of Parliament, no Perfon fhall within this Realm of Inmates" e "" S England make, build or erect, or caufe to be made, builded or erected, any Manner of Cottage for Habi- 2 Buiftr.' 264. tation or Dwelling, nor convert or ordain any Building or Houfing made or hereafter to be made, to be Codboit 383. ufed as a Cottage for Habitation or Dwelling, unlefs the fame Perfon do aflign and lay to the fame Cot- pi- 47°- tage or Building four Acres of Ground at the leaft, to be accounted according to the Statute or Ordinance 2 inft. 736. fa f err j s tnenfurandis, being his or her own Freehold or * Inheritance lying near to the faid Cottage, to be 1 Ventr.°io7. continually occupied and manured therewith, fo long as the fame Cottage fhall be inhabited; (3) upon 3 Sid. 359, 360. Pain that every fuch Offender fhall forfeit to our Sovereign Lady the Queen's Majefty, her Heirs and Suc- 1 Mod. 295. ceffors, ten Pounds of lawful Money of England, for every fuch Offence. Vin. V. 6—367. later Editions, the Words are in the Disjunctive, "which occafoned a late Adjudication in the Cafe of the K'mg'againff Savory, which was briefly thus : The Bifliop of Norwich demifed to Savory So Acres, to held to him and his Heirs for three Lives : Savory ereElcd a Cottage on the Land, and was indicted for having creeled the fame, luithout having laid thereto 4 Acres of his own Freehold and Inheritance : But the Editions of Keble and Hawkins being referred to, where the Words are in f£cT>isjunftive, the Court held that the Defendant had complied with the Terms of the Statute; and he was accordingly acquitted. Taking the Words however, with the Copulative, as they ftand in the old Editions, and in the Record itfelf, it feeins, according to Lord Coke's Comment, that " neither Grounds boldcn hy Copy, or for Life or Lives, or for any Number of Years, will ferve." Cro. Jac. 603. IL And be it further enacted by the Authority aforefaid, That every Perfon which after the End of this Seilion of Parliament fhall willingly uphold, maintain and continue any fuch Cottage hereafter to be " erected, converted or ordained for Habitation or Dwelling, whereunto four Acres of Ground, as is afore- The Forfeiture faid, fhall not be affigned, and laid to be ufed and occupied with the" fame, fhall forfeit to our laid Sovereign for continuing Lad the Queen's Majefty, her Heirs and Succeffors, forty Shillings for every Month that any fuch Cot- of a new Cot-, n 11 1*— 1 1 ■ 1 111 • • 1 1 • 1 tage. tage mall be by him or them upholden, maintained and continued. Who may hear ^ 1- A nc ^ be lt further enacted by the Authority aforefaid, That all Juftices of Aflizes and Juftices of and deteimine Peace in their own Seflions, and every Lord within the Precinct of his Leet, and no others, fhall have full the Offences Power and Authority within their feveral Limits and Jurifdictions, to enquire of, hear and determine all aforefaid, and Offences contrary to this prefent Act, as well by Indictment, as ofnerwife by Prefentment or Informa- islik ™ S ' t ' on' ( z ^ anc * t0 awar d Execution for the Levying of the feveral Forfeitures aforefaid by Fieri facias, Ele- git, Capias or otherwife, as the Caufe fhall require. Cottages in Gi- IV. Provided always, That this Statute, or any Thing therein contained, fhall not in any wife be ex- ties or Market- tended to any Cottage which fhall be ordained or erected to or for Habitation or Dwelling in any City, WaTkrr.en' i" Town Corporate, or antient Borough or Market-Town within this Realm, (z) nor to any Cottages or Mineral Works Buildings which fhall be erected, ordained or converted to and for the neceffary and convenient Habitation •Quarries, &c. or Dwelling of any Workmen or Labourers in any Mineral Works, Coal Mines, Quarries or Delfs of Stone or Slate, or in or about the Making of Brick, Tile, Lime or Coals within this Realm; fo as the fame Cottages or Buildings be not above one Mile diftant from the Place of the fame Mineral or other Works, and fhall be ufed only for the Habitation and Dwelling of the faid Workmen; (3) nor fhall in any Sort prejudice, charge or impeach any Perfon or Perfons for the Erecting, Maintaining or continuing of any fuch Cottages, as are before in this Provifo mentioned and fpecified. Certain Cottages V. Provided always, That this Act fhall not extend to any Cottage to be made within a Mile of the S°atute 1 ft 11 ^ ea ' or u P on the ^'de °f *" uc ^ f art oi: an Y navigable River where the Admiral ought to have Jurifdidtion, ««endo f° ^ on S as no other Perfon fhall therein inhabit but a Sailor, or Man of manual Occupation to or for making, furnifhing or victualling of any Ship or Veffel ufed to ferve on the Sea; (z) nor to any Cottage to be made in any Foreft, Chafe, Warren or Park, fo long as no other Perfon fliall therein inhabit but an XJnder-keeper or Warrener, for the good keeping of the Deer, or other Game or Warren; (3) nor to any Cottage heretofore made, fo long as no other Perfon fhall therein inhabit but a Common Herd-man or Shepherd, for keeping the Cattle or Sheep of the Town, or a poor, lame, fick, aged or impotent Per- fon; (4) nor to any Cottage to be made, which for any juft Refpect upon Complaint to the Juftice of Affize at the Affizes, or the Juftices of Peace at the Quarter-SeiTions, fhall by their Order entred in open Amzcs or Quarter-Semons, be decreed to continue for Habitation, for and during fo long Time only as by fuch Decree fhall be tolerated and limited. More Families yi. Provided alfo, and be it enacted, That from and after the Feaft of All-Saints next coming there than on^may^ ^jj nQt j^ an y Inmate, or more Families or Houfholds than one, dwelling or Inhabiting in any one Cot- one Cottage, &c. ta g e? made or to be made or erected; (z) upon Pain that every Owner or Occupier of any fuch Cottage, Altered by 43 El. placing, or willingly fuffering any fuch Inmate, or other Family than one, fhall forfeit and lofe to the «• 2. §■ 5- Lord of the Leet, within which fuch Cottage fhall be, the Sum often Shillings of lawful Money of Eng- The Penalty for ^<w^ for every Month that any fuch Inmate, or other Family than one, fhall dwell or inhabit in anyone receiving an In- Cottage as aforefaid : (3) And that all and every Lord and Lords of Leet and Leers, and their Stewards, mate. within the Precinct of his and their Leet and Leets, fhall have full Power and Authority within their feve- Coke Entr, 665, 2 jal
 * Read and. c"^ 3 It is thus printed in all the old Editions, and in Coke's 2 Infr. and, upon examining the Record, they appear t9 be right, itef/nKeble, and the