Page:Ruffhead - The Statutes at Large - vol 3.djvu/131

 A- t>. i6oc). Anno feptimo Jacobi I. C. ii. 83 for every fuch Offence, committed to the common Gaol of the faid Covmty, City or Town Corporate, where the Offeiice (hall be committed, or the Parties apprehended j (2) there to remain for one whole Month without Bail or Mainprife, unlefs that the faid Offender do or (hall forthwith upon the faid Convidion pay, or caufe to be paid, to the Churchwardens of tlie faid Parifli, or unto the Overfeers of the Poor, or lome of them, where the faid Offence fhall be committed, or the Party apprehended, to the Ufe of the Poor of the fame Parifh, the Sum of forty Shillings for every fuch Hawking at any Phea- fant or Partridge, and twenty Shillings for every fuch Pheafant or Partridge which any and every luch Perfon and Perfons fo offending and convided (as aforefaid) by himfelf, his Hawk or Hawks, Dog or Dogs, fliall take, kill or dellroy, contrary to the true Purport, Intent and Meaning of this prelent Statute. _ _ ^ III. Provided always, and be it enaded by the Authority aforefaid, That if any Perfon or Perfons He that is ptf. fliall be at any Time hereafter convicted and punilhed by Virtue of this Law, That then the Party fo lj'TJJ^,,3]'i'|,'),''. punilhed fliall not for the fame Offence be eftfoons called in Queftion, and punilhed by Virtue of any other cufcd ibrany Law touching or concerning the like Offences. other. IV. Provided alfo, That no Offenders fliall be impeached or puniflied by Virtue of this Ad, unlefs within what he or they be accufed as delinquent, before the faid Juftices of Peace, within fix Montlis next after Time an Of- the faid Offence or Offences committed or done. ... Se*^'"** ' V. And whereas by a Provifo in the faid Statute contained, it is provided, That it fliall and may ' in the Right of his Wife, of Lands, Tenements or Hereditaments, to the clear yearly Value of ten ' Pounds or more by the Year, over and above all Charges and Reprifcs, of fome Eftate of Inheritance ; ' for Term of Life or Lives, of the yearly Value of thirty Pounds over and above all Charges and ' or themfelves, or by liis or their menial Servants (fufficiently authorifed from his or their Mafter for ' that Purpofe) to take Pheafants and Partridges (in the Day-time only) with Nets, in and upon his ' and their own, or his or their Maflrers free Warren, Manor and Freehold, or on any Part of them, ' betwixt the Feaft of St. Michael the Archangel, and the Feaft of the Birth of our Lord God yearly; ' any Thing in the faid Law to the contrary notwithltanding : (5) By Colour of which Liberty fo given ' by the faid Provifo, it is found by Experience, that the faid Games of Pheafants and Partridges have ' been and ftill are likely to be much fpoiled and deftroyed by many mean Tenants and Freeholders, ' againft the Will of the Lords or Owners of Inheritance of the faid Lands and Tenements :' VI. Be it therefore enaded by the Authority aforefaid. That the faid Provifo, and every Claufe, ARepeaiof a Article and Thing therein contamed, fliall be from the End of this prefent SelTion of Parliament, ut- ^""'^°^j.'-* terly repealed, fruilrate and made void; any Thing in the faid Provifo contained to the contrary not- /fa" ^."c. 17. -Withflanding. aOowing certain Pcrfor.s to take Pheafatits and Paitridgcs. VII. And that it fliall and may be lawful for every Perfon or Perfons which have or fliail have free who may take Warren, and to and for every Lord of a Manor, and to and for every Freeholder which is or fliail Pheafsnts ^nd ■be feifed in his own Right, or in the Right of his Wife, of Lands, Tenements and Hereditaments, to ^^"I^'j^'^' hen the clear yearly Value of forty Pounds or more, by the Year, over and above all Charges and Re- prifes, of fome Eilate of Inheritance; (2) or of Lands, T'encments and Hereditaments in his own ■Right, or in the Right of his Wife, for Term of Life or Lives, of the yearly Value of fourifcore Pounds over and above all Charges and Reprifes ; (3) or which fliall be worth in Goods or Chjc-
 * be lawful to and for every Perfon and Perfons which have or ihall have free Warren, and to and for
 * every Lord of a IVlanor, and to every Freeholder which is or fliall be feifed in his own Right, or
 * (z) or of Lands, Tenements or Hereditaments, in his own Right, or in the Right of his Wife,
 * Reprifesj (3) or be or which fliall be worth in Goods or Chattels two hundred Pounds ; (4) by him
 * !nd the Birth of our Lord God yearly ; any Thing in the faid Law before mentioned to the con-

trary notwithfianding. ' to anfwertheCofts and Charges of any that fliould inform and profecute againft them in any of his il;i- ' jefty's Courts: (3) By Reafon whereof, and for that the faid Offenders are hardly difcovered, andfcldom ' or never found offending in the Preience of divers Witneffes, io ihat it is very hard to convJcl: them by ' the Teftimony of more Witneffes than one, by Reafon that they fpoil and dekroy tiie faid Games fc- couimitted, or the Party apprehended, (4) there to remain for three Months without Bail or Mainprife, unlefs that tiie faid Offender Ihall forthwith pay or caufe Vo be paid to Ihc Churciuvardens or {Jvt^kitrs M 2 CI