Anno quinto et sexto Eduardi Sexti Actes made in the session of this present parlament, holden vpo[n] prorogacion at Westminster, the. xxiii. daie of Ianuarie, in the fiueth yere of the reigne of our moste drad souereigne Lorde, Edward the. VI. by the grace of God, kyng of Englande, Fraunce, and Irelande, defendour of the faith, and of the Churche of Englande and Irelande, in yearth [sic] the supreme hed: and there continued and kept to the. xv. daie of Aprill, in the vi. yere of the reigne of our saied souereigne lorde, as foloweth

¶ The .v. Chapiter. ¶ An Acte, for the maintenaunce of Tillage, and encrease of corne. (Book 5)

FOR the better maintenaunce of Tillage, and en∣crease of Corne, to bee had within this Realme, whiche of late tyme, been muche decayed, by suche as haue conuerted landes vsually put in Tillage to Pasture: Bee it enacted by the Kyng our soue∣reigne Lorde, with the assent of the Lordes and Commons, in this present Parlament assembled, and by thaucthoritie of thesame, that there shalbe yerely, after the feast of the Annunciacion of our Lady, whiche shalbe in the yere of our Lorde God, a thousande, fiue hundred, fiftie and thre

asmuche lande, or more, put wholy in Tillage, and vsed, and sowen, ac∣cordyng to the custome of the countrey, and nature of the ground, and so shalbe continued and vsed for Tillage, and Sowen for euer, by the owners, Fermours, or occupiers therof, in euery Toune, Parishe, Vil∣lage, and Hammelet, within the Realme of Englande, and Wales: as was, or hath been put in Tillage, in any one yere, and so kepte in Til∣lage, by the space of .iiii. yeres, any tyme sence the first yere of the reigne of Kyng Henry theight, vpon pain to forfeict to the kyng, and his hei∣res, for euery acre not put in Tillage, vsed and occupied, accordyng to the fourme, and effecte, of this present Acte v. s̄. for euery yere so offen∣dyng. And for the better execucion of this acte: be it enacted by the au∣cthoritie aforesaid, that our saied souereigne lorde the kyng, his heires and successours, at his and their will, and pleasure, from tyme, to tyme maie direct his, and their seuerall Commission, and Commissions, vn∣der the greate Seale of Englande, to suche persones, as it shall please theim. And that thesame Commissioners, or foure of theim at the least, shall haue power and aucthoritie, by vertue of this acte, and of thesaid Commission, to enquire, searche, and trie, by thothes of twelue lawfull and indifferent persones, or more, in euery Hundred, Rape, or Wapen∣take, suche as maie dispende yerely .xl. s̄. of Frehold: what landes, and Tenementes, in euery Toune, Parishe, Village, or Hammelet, within the limites of their charge (haue against the fourme and effecte, of this present acte, and statute) at any tyme, or tymes, sence thesaied first yere of the reigne, of kyng Henry theight, been conuerted, and turned from Tillage, to Pasture, and so liyng conuerted, and turned, from Tillage to Pasture, and is now, or hereafter so shalbe continued, and occupied in Pasture. And that thesaid twelue persones, or more, vpō their othes shall make true and lawfull presentment, and certificate, aswell of all, and synguler, the premisses, as of the names, or sirenames, of the owe∣ners, Fermours, and occupiers of thesame, in writyng vnder their sea∣les, to thesaied Commissioners, at suche daie, tyme, and place, as shalbe limited to theim, by thesaied Commissioners. And that thesaeid Com∣missioners, after suche presentmentes therof, had, and made, shall cause thesame presentmentes, to be engrossed in Parchement, endented, and sealed with their seales, wherof the one part therof, shalbe deliuered to the foreman of the Iurie, and the other part therof, shalbe certefied in∣to the kynges Court of Chauncerie, within twoo monethes, next after suche presentment, so had and made. And that from thencefurthe, the∣said presentmentes, with conuenient spede shalbe certefied, and streted out, and from, thesaied Court of Chauncerie into the Court of the Es∣cheaquer, there to remain of Record, emong the Kynges Maiesties re∣cordes of thesame Court of the Escheaquer, to the entent that this sta∣tute shalbe the more diligently, and indifferently, put in the execucion, accordyng to the true meanyng therof.

And be it further enacted by the aucthoritie aforesaid, that suche commissioners as shal hereafter be aucthorised by vertue of the Kyn∣ges commission, to put this Acte in execution, shall before suche tyme as he, or thei, shal sitte vpon thesame commission, take a corporal othe before the Lorde Chauncellour of Englande, or the Lord keper of the great Seale for the tyme beyng, or before suche other persone, or per∣sons, as shall haue aucthoritie from the Lorde Chauncellour of Eng∣lande, or the keper of the great Seale for the tyme beyng, by Dedimus potestatem, to receiue, and take his, or their othes, truely, faithfully, in∣differently, and iustly, accordyng to the vttermost of his, or their wit∣tes, learnynges and connynges to endeuoure them selues, for, and to the true execution of this statute, and of al, and euery thyng, conteined in the same, for the better maintenaunce of tillage, & encrease of corne to be had, accordyng to the true meanyng of this Acte.

And be it further enacted, by thaucthoritie aforesaid, that thesaid commissioners, or two of them at the leaste, shall haue aucthoritie, and power, to directe their precepte to the Shieriefe of the countie, beyng within the limites of their commission, to warne suche, and as many honest men of his Bailiwicke as is aforesaid, by whom the truth may best be knowen, to enquire, and true presentment make, of all, and eue∣ry the premisses, and to sette suche reasonable fynes, yssues, and amer∣ciamentes, vpon suche persones, as shall make defaulte of their appa∣rances, or makyng their apparances, shall neglecte to do their duties, in, and about the execution of the premisses, as to the same commissio∣ners, or fowre of them, shalbe by their discretions thought mete, and conuenient, so that the same fine, or amerciament, for any one defaulte excede not the somme of xx. s̄. And that the same fynes, yssues, and a∣merciamentes, so by them taxed, and sette, shalbe yerely, well, and true∣ly streated, into thesaid court of theschequier, and there to be leuied to the Kynges vse, as other fynes, and amerciamentes, haue bene there accustomed and vsed to be leuied.

Prouided alwaies, and be it enacted by thaucthoritie aforesaid, that the puttyng of any landes, or tenementes hereafter, from pasture, to tillage, accordyng to the forme and effecte of this Acte, shall not in any wyse extende, to be any cause of breache, or forfeicture of any bonde, co∣uenaunt, paiment, or condicion, made, or hereafter to be made, betwene any person, or persons, whiche in any wyse is, or shalbe repugnaunt, or contrariant to this Acte.

Prouided alwaies, and it is enacted by thaucthoritie aforesaid, that this Acte, ne any thyng therin conteined, shall not in any wyse, extende to any lande, conuerted, or to be cōuerted into pasture, that shalbe kept without fraude, or couine, onely for the maintenaunce of the houses & hospitalitie, of any person, or persones, nor to any land, that commonly or vsually, hath lien to pasture, by the space of .xl. yeres laste past, nor

to any wast groundes, or heithes, nor to any common downes, fennes, moores, or marisshes, whiche haue not bene comonly, and vsually, for the most parte sowen, or put in tillage, within .xl. yeres last past, nor to any land now beyng lawful warren, or now vsed and kept for Conies, nor to any grounde stubbed, or wonne, from wood, busshes, broome, or fyrres, into the kynde of pasture, nor to any lande now enclosed in any parke, commonly vsed with dere, and that without fraude, or couine, hath bene vsed for any parke, within .iiij. yeres, last before this present session of the Parlament, nor to any salte marsshes, nor to any mars∣shes that commonly within ten yeres hath bene ones surrounded, or ouer flowen with water, nor to any grounde enclosed by the licence of our souereigne Lorde the Kyng, or any of his noble progenitours, nor to any orcharde, gardein, poole, or ponde yarde, nor to any medowe grounde yerely mowen, or to be mowen for haye, nor to any lande sette or to be sette, with saffron, or with hoppes, nor to any lande sowen, or to be sowen, with hempe, flaxe. woade, or madder, nor to any lande with∣out fraude, or couine, sowen, or to be sowē with acornes, or set, or to be sette with wood, duryng suche tymes as thesame shalbe vsed, or put to the vses and ententes before specified.

Prouided also, and be it further enacted by thaucthoritie aforesaid, that this Acte, nor any thyng therin conteined, shal in any wise extende or be preiudiciall, or hurtfull to any person, or persons, whiche at any tyme heretofore hath conuerted, or at any tyme, or times, hereafter shal conuerte any arable lande, to pastute, in any paroche, towne, village, hammelet, or other place, or places, of this Realme, for the whiche suche person, or persons, hath already, or within one yere aftre the feast of ea∣ster nexte commyng, or within one yere nexte after any suche enquisiciō hereafter to be founde, after suche conuertyng of arable grounde, into pasture, hath, or shall turne, or conuert to tillage, and arable grounde, asmuche pasture grounde, or lease within thesame paroche, towne, vil∣lage, or hammelet, or within any of them, where any suche land so hath bene, or hereafter shalbe conuerted, from tillage, to pasture, and do suf∣fer the same lande, so turned from pasture to tillage, so to continue in tillage, and be arable without turnyng the same to pasture againe, so longe as the landes turned to pasture, as aforesaid, shalbe vsed in pa∣sture. Any thyng in this present Acte conteined to the contrary hereof, in any wyse, notwithstandyng.

And it is further enacted by thaucthoritie aforesaid, that as well all commissioners, Iustices of Assise, Iustices of Oyer and determiner, as Iustices of peace in their sessions, and none other, shall haue full power, and aucthoritie, to enquire of the premisses, and shal certifie al presentmentes that shalbe had before them, into the court of chaunce∣ry, and from thence to be streated in conuenient tyme, into the Kynges court of theschequier, and that the partie greued, if he wille, may haue,

and tende his trauerse, accordyng to the lawes of this Realme, in the same court, whether thesaid landes, or tenementes, so founden, by any suche enquisition, be holden of the kyng immediately, or not.

Prouided also, and be it enacted by thaucthoritie aforsaid, that this acte, nor any thyng therin conteined, shal, or may, in any wise extende, to geue any aucthoritie to any shierefe, vndershierefe, or any their offi∣cer, bailife, or minister, to enfringe, breake, or entre, into any liberty, or liberties, for the execution of any precept, or other processe, whiche shal be hereafter to him, or them, awarded by thaucthoritie, and vertue of thys acte, otherwyse then he, or they, might haue done, before the ma∣kyng of thesame. Any thing herin conteined to the contrary in any wi∣se, notwithstandyng.

Prouided also and be it further enacted by thaucthoritie aforesaid, that if any persons, or persone offendyng this acte, be at any time here after empeched, or sued by force of this acte, for any offence, or offences committed, or done, or to be committed, or done, contrary to thys acte that thē the partie offendyng so sued, shal not be empeched, by the king our souereigne lorde, or by any other, for thesame offence, by vertue of any lawe, acte, or actes, statute, or statutes, hertofore had, or made, for the reformation of any the articles, or braunches, cōteined in this act, Any thyng in this acte, or any other acte, or actes, had, or made, to the contrary in any wise notwithstandyng.

Prouided also, and be it further enacted by thaucthoritie aforesaid that this acte, or any thing therin cōteined, shall not extende to charge any person, or persones, with any penaltie, or forfeicture, for, or concer∣nyng any offence done, or to be done, contrary to the tenour of this act onles he, or thei so offendyng, be sued, or empeched for thesame, within iii. yeres, next after thesame offence be found by enquisition, as is afo∣resaid. This acte to endure for .x. yeres, and from thence, vnto thende of the next parlament.