Anno quinto reginæ Elizabethe. At the parliament holden at Wesmynster the .xii. of Ianuary, in the fyfth yere of the raigne of our soueraigne lady, Elizabeth by the grace of god, of England, Fraunce, and Irelande, quene, defendour of the the fayth. [et]c. To the hygh pleasure of almyghtye God, and the weale publique of this realme, were enacted as foloweth

An Acte for the reuiuing of a Statute, made Anno. ii. & .iii. Phil. & Marie, for the amending of hygh wayes. ¶ The .xiii. Chapter. (Book 13)

WHERE in the Parliament holden at Westminster in the second & third yeres of the raignes of the late Princes Kyng Philip & Quene Mary: Amongest other good Actes then had and made, one necessary Statute was prouided & establyshed for the amend∣ment and reparation of the hygh wayes within this Realme, whiche Acte was made to endure and continue for seuen yeres, and after the expiration of the sayde seuen yeres, tyll the ende of the Parliament then next ensuyng, as by the same sta∣tute more playnely appeareth. Whiche seuen yeres, forasmuch as they be nowe expired and ended, and the sayde Acte is very benefi∣ciall and moste necessary to be continued for the ease and common weale of the people of this lande: Be it therefore enacted by the Quenes excellent Maiestie, the Lordes spirituall and temporall, and the commons in this Parliament assembled, & by the auctho∣ritie therof, that the sayde Acte made in the sayde second and third yeres of the raigne of Kyng Philip & Quene Mary, touchyng and concernyng the reparation and amendement of the hygh wayes, and euery article and braunche of the same, shall from henceforth be, stande, and continue in full force, effect, and strength, for and duryng the terme of .xx. yeres next folowyng from and after the begynnyng of this present Parliament: and after thexpiration of the sayde .xx. yeres, to thende of the Parliament then nexte after the ende of the sayde .xx. yeres to be holden and kept.

And forasmuch as the sayde Statute made in the seconde and thirde yeres of kyng Phillip and Quene Mary, in diuers partes of

this Realme, serueth not to so good purpose and effect as it may be made, for that such substaunce and matter as is most fytt and con∣uenient for the reparations of the sayde wayes, cannot be law∣fullye hadde, fetched, and taken out of the seuerall groundes and soyle therevnto nygh or adioynyng, beyng no great losse or detri∣ment to the owners of the same seuerall groundes & soyle, where∣by the amendement of the sayde wayes is lyttle encreased, or els of very small and slender continuaunce, to the great and continu∣all charge and trouble of the poore people inhabytynge there∣aboutes.

For reformation wherof, and that the reparations of the sayde hygh wayes may hereafter in good due maner well and sufficient∣lye be made: Be it further by the aucthoritie of this present Par∣liament enacted, that from henceforth it shall and may be lawfull to all and euery Superuisour and Superuisours and orderers of the workes for the tyme beyng, for the amendement of the sayde hyghe wayes therevnto elected and appoynted, accordyng to the Statute made in the seconde and thirde yeres of kyng Phillip and Quene Mary, for the better reparation and amendement of the wayes within theyr seuerall paryshes and limittes where they shalbe so made Superuisours (if it shalbe so to them thought necessary) to take and carry away of the rubbyshe or smallest bro∣ken stones of any quarry or quarryes lying and beyng within the paryshe where they shalbe Superuisours, without licence, con∣trolment, or impechement of the owner or owners, so muche as by theyr discressions shalbe demed and adiudged necessarye for the amendement of the saide wayes. And that for default of any quar∣rye or quarryes not beyng within theyr sayde paryshe or limittes, or in defaulte of rubbyshe not to be founde in any suche quarry or quarryes: it shall and may be lawfull to euery such Superuisour or superuisours, for the vse aforesayde, in the seuerall groundes of any person or persons, beyng within the paryshe and limittes where they shalbe Superuisours, and nyghe adioynyng to the waye or wayes wherin such reparations shalbe thought necessary to be made, and wherein grauell, sande, or sinder is lykely to be founde, to dygge or cause to be dygged for Grauell, Sande, or Sinder, and lykewyse to gather stones lying vppon anye landes or groundes within the paryshe, and meete to be vsed to suche seruyce and purpose, and thereof to take and carrye awaye so much as by discression of the sayde Superuisours shalbe thought necessarye to be imployed in the amendement of the sayde hyghe wayes.

Prouided alwayes, that it shall not be lawfull to any such Su∣peruisour,

or superuisours by vertue of this Act, to cause any rub∣byshe to be dygged out of any quarry or quarryes, but onely shall extende to such rubbyshe as shalbe founde there redy dygged by the owner or owners of the sayde quarry or quarryes, or otherwyse by his or theyr licence and commaundement, nor shall not extende or geue aucthoritie to any superuisour or superuisours to dygge or cause to be digged any grauell, sande, or sinder, in the house, gar∣den, orcharde, or medowe of any person or persons, nor that it shal be lawefull by this Acte to any such superuisour or superuisours to cause any more pyttes to be dygged for grauell in any seuerall and inclosed grounde, then one only, and that the same pyt or hole so digged for grauell as is aforesayde, shall not by any waye be in breadth or length aboue ten yardes ouer at the most. And that eue∣ry such Superuisour as shall cause any such pyt to be made & dyg∣ged, for grauell, sande, or sinder, as is abouesaid, shall within one moneth next after any suche dyggyng or pyt made, cause the same to be filled and stopped by with earth, at the costes & charges of the pashioners, vpon payne to forfait to the owner or owners of the soyle wherein any such pyt shalbe made and dygged, for euery de∣fault fyue markes, to be recouered by action of debte, as in other lyke cases of debte hath ben accustomed.

And forasmuche as the hygh wayes in sundrye places of this Realme be full of continuall sprynges and water courses, by con∣tinuall encrease and synkyng wherof into the grounde, the sayde wayes are not only very depe & daungerous, but also for the moste part impossible to be amended and repaired in any good and suffi∣cient maner, without some further remedye prouided for the same: Be it therfore by thaucthoritie aforesaide further enacted, that from henceforth euery such Superuisour & Superuisours as is aforesaide, shall by force of this Act, within the paryshe or limit∣tes where he or they shalbe Superuisours, haue full power & auc∣thoritie to turne any such water course or spring of water, beyng in any of the sayde hygh wayes, into any dyche or diches of the se∣uerall grounde or soyle of any person or persons whatsoeuer nexte adioynyng to the sayd wayes, in such maner and fourme, as by the discressions of the said Superuisours shalbe thought metest and moste conuenient.

And be it further enacted by the aucthoritie aforesaide, that the hayes, fences, dykes, or hedges next adioynyng on eyther syde to any hygh or common fayryng way, shall from time to tyme be dy∣ked, scoured, repayred, and kepte lowe, and all trees and busshes growyng in the hygh wayes cut downe by the owner or owners of the grounde or soyle which shalbe inclosed with the saide hayes,

fences, dikes or hedges aforsaide, whereby the saide wayes may be open and the people haue more redye and easye passage in the same.

And whereas in the saide statute made in the saide second and thirde yeres of the reignes of the sayde Kynge Phillip and Quene Mary, there are but foure dayes yerely appointed for the repara∣tions and amendement of the saide high wayes: Be it further by this present Parlyament enacted, that from hencefourth there shalbe yerely six dayes, duringe the tyme and force of this estatute, obserued, vsed, and employed in reparation and amendement of the sayde high wayes, in lyke maner and fourme as the saide foure dayes were lymitted and appointed to be obserued and kept, by the saide estatute made in the saide second and thirde yeres of Kynge Phillippe and Quene Mary.

And be it further enacted by the aucthoritie aforesaide, that from hencefourth, all and euerye suche Superuisour, or Superuisours, for the tyme beinge, within one moneth next after defaulte or offence made, done, or committed by any person or persons, contrary to the prouision, purporte and true meanynge of the saide estatute made in the second and third yeres of Kynge Philippe and Quene Mary, or contrary to the prouision, purport and true meanynge of this present Acte, shall present euery such default or offence, to the nexte Iustice of peace, for the tyme beinge, vppon payne to forfait for euery suche de∣faulte and offence, in suche forte not by them presented .xl.s. And that euery suche Iustice of peace, to whom any suche defaulte or offence shalbe presented, as is aforesaid, shall certifie the same presentment so to him made, at the nexte generall Sessions within the said Countie then nexte after to be holden, vppon payne to forfayt for not certi∣fyinge of euery suche presentment, of euery suche defaulte or offence, as is aforsaide .v.li. And that the Iustices of peace of euery Countie, where the saide defaultes or offences shalbe committed, shall imme∣diatly haue aucthoritie to enquire of any suche defaulte or offence com∣mitted within the limittes of their commission, at euery their quarter Sessions, and to assesse suche fynes for the same, as they, or two of them, whereof the one to be of the Quorum, shall thinke mete.

And be it further enacted by the aucthoritie aforesaide, that euery Iustice of peace, shall haue aucthoritie by this statute, vpon his owne proper knowledge in the open generall Sessions, to make pre∣sentment of any high waye not well and sufficiently repayred and amended, or of any other defaulte or offence committed or done with∣in the Countie and limittes of his commission, contrary to the proui∣sion and entente of this statute, or the saide statute made in the seconde and third yeres of Kyng Phillippe and Quene Mary. And that euery such presentment, made by any such Iustice of peace, vppon his owne

knowledge, as is aforesaide, shalbe as good and of the same force, strength, & effect in the law, as if the same had ben presented, founde, and adiudged by the othe of .xii. men. And that for euery such defaulte so presented, as is aforesaide, the Iustices of the peace of the saide Countie shall immediatly at the said generall Sessions, haue auctho∣ritie to assesse suche fynes, as to them or two of them, wherof the one to be of the Quorum, shalbe thought mete. Sauing euery person and persons, that shalbe touched by any suche presentment, to haue his or their lawfull trauers to the same presentment, as they might haue vpon any Indictement of trespas, or forcible entrye, by the lawes of this Realme, before the making of this estatute.

And that all suche fynes, forfaitures, and amerciamentes to be assessed by the said Iustices of the peace, at their generall Sessions, in any the cases aforesaid, shalbe estreated by the clerke of the peace of the saide Countie, and shalbe leuyed in suche maner and fourme, and employed to suche vses and ententes, as in the saide statute made in the second and third yeres of Kynge Phillippe and Quene Mary, is limitted and appointed. This Acte to continue for twentie yeres nexte after the begynnynge of this present Parliament, and from thence vntill the ende of the Parlyament, then nexte after to be holden.