Anno tricesimo primo Henrici octavi Henry the VIII. by the grace of God kynge of England and of France, defender of the fayth, Lorde of Irelande, and in earth supreme hed immediatly vnder Christ of the churche of Englande, to the honour of almyghty God, conseruation of the true doctrine of Christes religion, and for the concorde quiet and vvelth of this his realme and subiectes of the same helde his moste hyghe court of Parliament begonne at VVestm[inster] the. xxviii. daye of Aprill, and there continued tyll the. xxviii. daye of Iune, the. xxxi. yere of his most noble and victorious reigne, vvherin in vvere establysshed these actes folovvinge.

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Anno tricesimo primo Henrici octavi Henry the VIII. by the grace of God kynge of England and of France, defender of the fayth, Lorde of Irelande, and in earth supreme hed immediatly vnder Christ of the churche of Englande, to the honour of almyghty God, conseruation of the true doctrine of Christes religion, and for the concorde quiet and vvelth of this his realme and subiectes of the same helde his moste hyghe court of Parliament begonne at VVestm[inster] the. xxviii. daye of Aprill, and there continued tyll the. xxviii. daye of Iune, the. xxxi. yere of his most noble and victorious reigne, vvherin in vvere establysshed these actes folovvinge.
Author
England and Wales. Sovereign (1509-1547 : Henry VIII)
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Londini :: [in ædibus Thomæ Bertheleti typis impress. Cum priuilegio ad imprimendum solum],
anno verbi incarnati M. D. XXXIX. [1539]
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Law -- England -- Early works to 1800.
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"Anno tricesimo primo Henrici octavi Henry the VIII. by the grace of God kynge of England and of France, defender of the fayth, Lorde of Irelande, and in earth supreme hed immediatly vnder Christ of the churche of Englande, to the honour of almyghty God, conseruation of the true doctrine of Christes religion, and for the concorde quiet and vvelth of this his realme and subiectes of the same helde his moste hyghe court of Parliament begonne at VVestm[inster] the. xxviii. daye of Aprill, and there continued tyll the. xxviii. daye of Iune, the. xxxi. yere of his most noble and victorious reigne, vvherin in vvere establysshed these actes folovvinge." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A74029.0001.001. University of Michigan Library Digital Collections. Accessed May 16, 2024.

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¶An acte concerning wrongfull takyng of haukes egges, & birdes out of the nest, finding & taking vp of the kinges haukes, huntyng in the kin∣ges forest parke or chace or other ground inclosed, and killyng of co∣nies within any laufull warren of the kynges. Cap. xii.

VVhere in the parlyment holden at Westm̄. the .xi. yere of the reigne of the noble prince of famous memory kyng Henry the vii. it was ordeined, and amōgest other thinges enacted & esta¦blished, that no man of what condition or degree so euer he be, shuld take or cause to be takē the egges of any faucō goshauk or laner out of the nest, vpon peyn of imprisonment by one yere, & further to fyne at the kynges wyl. Not withstanding which estatute diuers ydel & yll disposed persōs, lytel or nothing regarding or fearing the pein in the same estatute cōteyned, haue not desisted to take egges of faucōs goshaukes & laners out of the nestes, to ye vtter distructiō of thencrease of the same fau∣cōs goshaukes & laners, if due reformatiō in that behalfe be not prouided. In cōsideration wherof it is ordeined & enacted by the kynge our souerayn lord, the lordes spiritual & tēporal, & the cōmons in this present parliament assembled, & by thauctoritie of the same, yt yf any person or persons of what estate degree or conditiō so euer he or they be, after the feast of the natiuitie of our Lady next cōming, vnlaufully or wrongfully take or cause to be ta∣ken any egge or egges of any faucō goshauke or laner, or the birdes of any Faucon Goshauke Laner or Laneret, out of or frome any neste or nestes of any faucon goshauke or laner, within any of the honors castels maners landes ten̄tes woddes or other groūdes what so euer they be, of the kynges highnes for the time being, wherof his said highnes is seised in demain pos¦sessiō or reuersiō, or wherof he taketh the rētes issues reuenues or profitis: that than the same offence and offences, & euery of them, shall be adiudged and taken to be felony, and the offender and offenders therin, being therof laufully conuicted & attainted, by & accordyng to the lawes of this realme, shalbe demed & adiudged felons, & shal haue & suffre such peynes of death,

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and also lose and forfayte their goodes and cattalles, landes, and tenemen¦tes, as in case of felony by the course of the cōmon lawes of this realme.

¶Prouided always, that this acte or any thing therin before ordeyned & enacted, extende not, nor be in any wise preiudicial or hurtful to any person or persons, whiche after the sayd feast of the natiuitie of our lady, shal take or cause to be taken any egge or egges of any faucon goshauke or laner, or the byrdes of any faucon, goshauke, laner, or lanerette, out of or from any neste or nestes of any faucon, goshauke, or laner, within any honours cas∣telles manours landes tenementes woddes or other groundes, wherof or wherin any person or persons, bodies politike, & corporate, other than the kynges highnes his heires and successours, or any of them, than shal haue any estate of inheritaunce: any thyng before expressed or mencioned to the contrary therof not withstandynge.

AND be it further enacted by the auctoritie aforesayd, that yf any per∣son or persons, after the sayd feast of the Natiuitie of our lady, happen to fynd and take vp any faucon, gerfaucon, Ierkin, sacre, or sacret, goshauke laner, or laneret, beynge the kynges hauke or haukes, & hauyng vpon hym or them the marke of the kynges armes and veruels: that then, if the same personne or persones, whiche shall fynde and take vppe any suche faucon gerfaucō, ierkyn, sacre or sacret, goshauk, laner, or laneret, within .xii. days next after the takynge vp of any suche hauke, do not brynge or cause to be brought the same hauke so by hym taken, to the maister of the kinges hau¦kes, or to some of his gracis fauconers, or within the tyme next abouesaid, do not gyue knowlege of the takyng vp of any such hauke to the said mai∣ster of the kynges haukes for the tyme beyng, or to the shireffe of the shire, for the tyme beyng, where any suche hauke shall be taken vp, or to oone of the kynges fauconers for the tyme beynge, nere abydyng in or to any such partes, where any such hauke shalbe founden and taken vp, as is aforsaid that than euery suche fyndynge and takynge vp of any suche hauke, & not bryngyng nor gyuyng knowlege therof, as is afore sayd, shalbe adiuged & taken to be felony: and the offender and offenders therin, being therof lau∣fully cōuicted and atteynted, by & accordynge to the lawes of this realme, shall haue and suffre suche peynes of deth, and also lose and forfayte his & their goodes and catalles landes and tenementes as in case of felonye by the course of the common lawes of this realme.

¶Prouyded alwayes, that this acte nor any thynge therin cōteyned, be or shalbe in any wyse preiudiciall or hurtfull to any person or persones, that hereafter shall fynde and take vp any of the sayd haukes of the kynge our souerayne lord his heires or successours, & by chance negligently or casual∣ly agaynst his or their wyll, lose the same hauke or haukes: or if the same hauke dye ayenste his or theyr wyl, before they can or may delyuer the same hauke, as is aforesayd.

¶And where also iustyce and equitie requyreth, that euerye inheritour & possessour or manours landes or tenementes within this realme of Eng∣lande,

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shuld accordyng to their estates or possessions peasibly and quietely haue take and enioy the profites reuenues and cōmodities of the same, as well in thynges of hygh pleasure, as in thynges commonly valuable, with out iniurie rapine or other extorte wrong to be committed and done to any of them, within or vpon the same, & in especial of & in thinges of plesure, as in hunting within forest parke or chace of the kynges, the quenes, the prin∣cis, or of any other of the kynges laufull chylderne for the tyme beyng, or∣deyned and prouided for or concernyng his hyghnes, or their pleasure: Be it therfore ordeyned and enacted by thauctoritie of this present parliamēt, that yf any person or persons, of what estate degree or condicion so euer he or they be, after the sayd feast of the Natiuitie of our lady next commynge, at any tyme of the day, that is to say, betwene the tyme of the arysing of the sonne, and goynge downe of the same, with his face hydde or couered with hode or vysar, or with his face peynted, or hymselfe otherwyse disguised, to thentēt that he wold not be knowen, wrongfully enter into any forest park or chace of the kynges highnes, the quenes, the princis, or of any other of the kynges said chyldern for tyme beyng, or into any other grounde of his or theirs, inclosed with walle or pale, ordeyned and vsed for keping and no∣rishing of dere, to thentent to steale any of the same dere, and by any meane of huntynge or otherwyse, as is aforesaid, by stealthe flee or take any of the same dere, or dryue or chace any of them out of the same forest, chace, parke, or other ground inclosed, as is aforesaid, ordeyned and vsed for kepyng & nourishing of dere, as is aforsaid, to thentent to steale the same dere. Or yf any person, after the sayd feast last before remēbred, at any tyme of the daye as is aforesayd, with his face hydde or couered with hood or vysar, or with his face peynted, or hym selfe otherwise disguysed, to thentent that he wold not be knowen, take kyll or flee with any hey or other nette, or with any fir∣rette or pursnet, any of the conyes or rabbettes, being within any grounde soyle or place, beyng laufull warren of the kynges hyghnesse, the quenes, the princis, or of any other the kinges sayde chyldren, for the tyme beyng, & beyng kepte or vsed as warren for the mayntenaunce and nonrishynge of conyes and rabbettes, or in fourme aforesayde, take kylle or flee any co∣nyes or rabbettes, beynge within any of the kynges parkes, his heires and successours, or within any parke of the quenes, the princis, or of any other of the kynges sayd chyldern for the tyme beyng. Except it be suche person or persons, as hath or shall haue the said conies and rabbettes in ferme, or shalbe licenced by the writynge of the kyng, the quene, the pince, or of any other of the kinges said chyldern, so to do. Or if after the said feast any per¦son or persons, at any tyme in the nyght, that is to say, betwene the tyme of the goyng downe of the sonne, and arrysynge of the same, wrongfully en∣ter into any forest chace parke or other ground inclosed, as is aforesaid, of the kynges hyghnes, the quenes, the princis, or of any other of the kynges sayd chyldern for the tyme beyng, inclosed, ordeined & vsed for the kepyng and nourishynge of dere, to thentent to flee steale & take any of the dere of

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the said forest chace or parke, or other groūd inclosed, as is aforsaid, ordey∣ned and vsed for the fyndyng of dere, or by any meane of huntyng or other wise, to thentent to steale at any time of the nyght, as is aforesayde, slee or take any of the dere being in the same: or by any meane in the sayd nyght tyme, chace or dryue out of any such forest chace parke or other groūd inclo∣sed, as is aforsaid, of the kinges, his heires and successors, or of the quenes the princis, or of any other of the kinges sayd chyldern, for the tyme being, any of the dere of the same, to thentent to steale the same deere. Or at any tyme of the nyght aboue writen, take kyl or slee with any hey or other net, or with any fyrret or pursnette, any of the conies or rabbetes in any groūd or soyle, being a lauful free warren of the kinges highnes for the tyme being, and being kept and vsed as a warren, as is aforesayd, or take kyll or slee in forme next aforesyd any conies or rabbetes, in any of the parkes of the kin¦ges highnes, his heires or successors, or of the quenes, the princes, or of any other of the kynges said childern for the tyme being. Except he or they that shall so offende, hath or shal haue the same conies in ferme, or otherwise li∣censed, as is aforesayd: that than euery suche offender and offenders for their offences by them or any of them commytted and done, contrary to the purporte and effect of this acte, shalbe demed adiudged & taken as a felon, and euery such offence by any of them committed and done, cōtrary to this act, as is aforesaid, shalbe demed and adiudged felony. And that euery su∣che offender and offenders, which shall be therof conuicted and atteynted, accordynge to the lawes of this realme, shall haue and suffre such lyke pu∣nyshement, and incurre such losses and forfaitures for the same, as ben or∣deyned for other felons by the common lawes of this realme.

¶Prouided alway and be it enacted by thauctoritie aforesaid, that no ma¦ner of person or persons, of what estate or degree so euer he or they be, shall hereafter be made, demed, or taken by any maner of meane, as accessarie or accessaries to any offender or offenders, offendyng in any thing cōtrary to the tenour and effect of this act, or of any article or clause therin conteined, but onely such person and persons as shall hereafter abbette and procure any such offender or offenders, to committe and do any offence contrary to this acte, whiche person or persons so abbetting and procuryng any offen∣der or offenders, to cōmitte and do any offence contrary to the tenour and effecte of this acte, shall after the same offence done, by the auctoritie afore sayd, be adiudged demed and taken as accessary & accessaries, in lyke ma∣ner as in cases of felony at the common lawe.

¶Prouided alway, that any word article clause sentence forfayture peyne or punyshement in this acte before expressed and declared, shall not in any wyse extende to any person or persons, that shall hunt take kyll or slee any dere conies or rabbetes by day or nyght, cōtrary to this acte, in any chaces forestes or warens of the kynges, the quenes, the princis, or of any other the kynges sayd chyldern, set lyenge & beynge within his gracis dominion of Wales, or in the borders ayenst Scotlande, the foreste of Snowden in

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Wales only excepted: any thynge in this acte before declared & mencioned to the contrary in any wise not withstandyng.

¶Prouided alway, that this acte or any thinge therein conteyned, extende not to any persone or persones, whiche shall not be laufullye indyted of any offence in this acte conteyned within one yere nexte after any suche offence committed or done: This acte or any thyng therin conteyned to the contra∣ry not withstandynge.

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