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 Act for the punyshment of vnlawfull takyng of Fyshe, Deare, or Haukes. ¶ The .xxi. Chapter. (Book 21)

WHERE aswell the Quenes Maiestie, and her moste noble progenitours, as also the noble men, gentlemen and diuers other persons of great dominions, Lorde∣shyppes, manours, & possessions, within this Realme, haue of auncient & long time had, and many of them nowe of late, to theyr great costes and charges, for the necessarye & better prouision & maintenaūce of theyr housholdes, haue erected and made in and vpon theyr seuerall demeanes, groundes, & posses∣sions, aswell pooles, stanges, stewes, motes, pyttes or pondes, for the only encrease of Fishe, and haue stored the same with Pikerell, Breame, Tenche, Carpe, and diuers other good kyndes of fishe, for the necessary encrease of vittayles, and for the better maintenaūce

and prouision of their houses as is aforesayde, and also haue em∣parked, enuironed & enclosed many parcels of their said demeanes, soyles, groundes, and possessions, for the breedyng, cherishyng, and encrease, aswell of redde as fallowe Deare, within theyr seuerall parkes and inclosures, for the causes afore declared, and also haue breeding within their woods & groundes diuers Eyries of hawkes of sundry kyndes, to theyr great pleasure and commoditie. Yet ne∣uerthelesse, the saide seuerall waters, groundes, parkes, and enclo∣sures so beyng had, erected, and made, and also beyng so stored and replenyshed, haue ben from time to time by euyll disposed persons, of a very euyll, wylfull, and insolent disposition, & of mallyce and displeasure, not only by night time broken and entred into, but al∣so the heddes or dammes of the said pondes, pooles, stanges, motes, stewes, or seuerall waters, haue ben maliciously, wylfully, and vn∣lawfully cut out, and the pales, fences, and inclosures of the saide parkes and groundes, broken, cast downe, & set open, and the Fishe, Deare, and Hawkes within the same, taken, destroyed, caryed a∣way, and stollen, not only to the great losse and damage of the ow∣ners therof, and to the small encouragement of other good subiects myndyng the carefull prouision of suche necessary victualles, but also to the manifest emboldenyng of many lyke wylfull malefac∣tours and malicious offendours, wherby many ryots, manslaugh∣ters, mischiefes and other inconueniences haue ben dayly perpe∣trated, and lyke to be committed and done, yf circumspect remedye be not herevnto prouided.

Be it therfore enacted by the Quenes Maiestie, the Lordes spi∣rituall and temporall, and the cōmons of this present Parliament assembled, and by the aucthoritie of the same, that yf any person or persons after the feast of Pentecost next cōmyng, shall at any tyme by day or by nyght, vnlawfully without aucthoritie, breake, cutte downe, cut out, or destroy any hedde or heddes, damme, or dammes, of any pondes, pooles, motes, stanges, stewes, or seuerall pyttes, wherin fyshe are, or shall happen to be put in or stored withall by the owners or possessioners therof, or do or shall wrongfully fyshe in any the sayde seuerall pondes, pooles, motes, stanges, stewes, or pyttes, to thintent to destroye, kyll, take, or steale away any of the same fyshe, agaynst the wyll, mynde, or pleasure of the owners or possessioners of the same, not hauyng any lawefull tytle or auc∣thoritie so to do, and therof be lawefully conuicted, at the suite of our soueraigne Lady the Quene, her heyres, or successours, or the partie grieued: shall suffer imprisonment of his or theyr bodyes by the space of three monethes, and shall yelde and paye to the partie grieued his treble damages, and after the saide three monethes ex∣pired,

shall fynde sufficient suerties for his or theyr good abearing agaynst the Quene our soueraigne Lady, her heyres & successours, and al her liege people, for the space of seuen yeres after, or els shal remayne and continue styll in pryson, without bayle or mainprise, vntyll such tyme as he or they so offending can and shall fynde such sufficient suerties duryng the sayde tyme and space of seuen yeres, as is aforesayde.

AND be it also enacted by aucthoritie of this present Parli∣ament, that yf any person or persons after the sayde feast of Pen∣tecost next commyng, at any tyme by nyght or by day, in maner a∣foresaid, wrongfully or vnlawfully breake or enter into any parke empaled, or any other seuerall grounde closed with wall, pale, or hedge, and vsed for the kepyng, breedyng, and cherishing of Deare, and so wrongfully hunt, dryue, or chase out, or take, kyll or slea any Deare within any suche empaled parke, or closed grounde, with wall, pale, or other inclosure, and vsed for Deare as is aforesaide, or do or shal take away any Hawke or Hawkes, or the egges of any of them, by any wayes or meanes vnlawefullye, out of any the woods or grounde of any person or persons (not hauyng lawefull aucthoritie or licence so to do) and therof be lawfully conuicted at the suite of our soueraigne Lady the Quene, or the partie grieued as is aforesayde: shall lykewyse suffer imprisonment of his or theyr bodyes by the space of three monethes, and shall yelde and paye to the partie grieued his treble damages. And after the sayde three monethes expired, shall fynde sufficient suerties for his or theyr good abearing, for the space of .vii. yeres after, against the Quenes Maiestie, her heyres, and successours, and all her liege people, as is aforesayde, or els shall remayne & continue styll in pryson with∣out bayle or mainpryse, vntyll such tyme as he or they so offending can and shall fynde such sufficient suerties duryng the said time of vii. yeres, as is afore rehearsed.

Prouided alwayes, that this Acte or any thyng therein contey∣ned, extende not to any parke or inclosed grounde hereafter to be made & vsed for Deare, without the graunt or licence of our soue∣raigne Lady the Quene, her heyres, successours, or progenitours.

Prouided alwayes, and be it enacted by aucthoritie aforesaide, that it shalbe lawful for the partie grieued to sue and take his fur∣ther remedie agaynst all and euery such offendour and offendours for his losse and damages, and to recouer the treble value of the same in this behalfe, aswell before Iustices of Oyer and determi∣ner, Iustices of Assyse in theyr circuites, and Iustices of the peace, as els where, in any other the Quenes courtes of Recorde, and that vpon the true satisfaction of the sayde treble damages to the

partie grieued, or vpon the confession and knowledge therof by the same partie before the sayde Iustices in open sessions to be holden within the Countie where the offence was committed: it shalbe at the libertie of the same partie grieued, to whom the sayde offence was committed, to release at his pleasure the sayde suertishyp of good abearyng, at any tyme within the sayde seuen yeres, or be∣fore: Any thyng in this present Acte before specified or expressed to the contrary, notwithstandyng.

And be it further enacted by the aucthoritie aforesayde, that the Iustices of Oyer and determiner, Iustices of Assyse in theyr circuites, and Iustices of the peace and gaole delyuery, in theyr Sessions, shall by vertue hereof, haue power and aucthoritie to enquire, heare, and determine all and singuler the offences afore∣sayde, and to make and awarde proces thervpon, aswell vpon in∣ditementes taken before them, as by byll of complaynt, informa∣tion, or any other action, in which suite or action, no essoigne, wa∣ger of lawe nor protection shalbe alowed.

AND be it further enacted by the aucthoritie aforesayde, that yf any person or persons, at any tyme hereafter shall fortune to be bounde before any of the Iustices before mentioned, to the Quene her heyres or successours, for his or theyr good abearyng for seuen yeres, accordyng to the tenour of this Acte, and the same partie or parties so bounde, shall afterwardes within the sayde seuen yeres come before the Iustices of the peace of the sayde Countie where the sayde offence was committed, or some of them, in open Sessi∣ons, and there in the sayde open Sessions confesse and acknow∣ledge his or theyr sayde offence or offences, and be sory therefore, and satisfie the partie or parties grieued, accordyng to the tenour of this Acte: That then the same Iustices before whom the sayde confession shalbe so made, shall & maye haue power and aucthori∣tie by vertue of this Act, in the same open Session, or in any other open Sessions afterwarde to be holden before the sayde Iustices in the sayde Countie, within the sayde terme of seuen yeres, yf it shall seme good to theyr discressions, to discharge the sayde Recog∣nisaunce and bonde so taken, and also the sayd partie and parties so bounde: This Acte or any thyng therin conteyned to the con∣trary therof, notwithstandyng.