An Acte for the better execution of the intent and meaninge of former Statutes made againste shootinge in Gunnes, and for the Pservation of the Game of Phesantes and Partridges, and againste the destroyinge... (1604)
| Artifact Summary | |
|---|---|
| Artifact type | Statute |
| Creator/author | Parliament of England |
| Date | 1604 |
| Period | Stuart |
| City and country of origin | |
| Abstract | |
Entry
[Statutes of the Realm, Vol. IV, Part II, CHAPTER XXVII.]
AN ACTE for the better execution of the intent and meaninge of former Statutes made againste shootinge in Gunnes, and for the Pservation of the Game of Phesantes and Partridges, and againste the destroyinge of lares with Harepipes, and tracinge Hares in the Snowe
Transgression of of teame, by Person not able to pay the Penalties:
Acts for Protec
Penalty on
Persons shooting, Acay Phat
Partridge, Ac. of mich Borde with Nets. Actor taking
Hare, or taking
Eggs or tracing
or taking them with Hare-popre leprincement fer
ORASMUCH as there be divers good and necessarie Lawes and Statutes which do inflict and impose divers F greate and heavie Penalties Punishment and Forfeitures, upon such as should with any Gunnes Nets Crossebowes or other Instrument or Engins spoile or distroy the Game of Phesant Partridges Hearne Mallarde and such like, and upon such as kill or destroy Hares with Harcpipes Cordes or other Engins, or should kill any lare by tracinge and coursinge them with Dogges in the Snow; And neverthelesse of late yeeres the severall Games above mentioned have bene more excessivelie and outragiouslie spoiled and destroyed then hath bene in former ages, especiallie by the vulgar sorte and men of small worthe, making a Trade and a Livinge of the spoylinge and destroyinge of the saide Games, who are not of sufficiencie to pay the saide Penalties in the saide Statutes mentioned, nor to answore the coste and charges of any that shoulde informe and precute againste them in any of his saide Majesties Courtf of Record at Westminster, upon any of the saide penall Lawes and Statutes, by reason whereof few Sutes have bene attempted upon the saide Lawes, and for the saide Forfeitures, wherebie the good therebie meant and hoped hath not succeeded, and therebie great scarcitie of the saide Games in all or in the moste parte of this Realme hath followed. and presentlic is, and so is like to be, if some remedie be not in that behalfe provided: Be it therefore enacted by the authoritie of this p'sent Parliament, That all and everie person and persons which from and after the firste day of Auguste next following, shall shoote at kill or destroy with any Gunne Crossebow Stonebow or Longbow, any Phesant Partridge House Dove or Pigeon Hearne Mallarde Ducke Teale Wigeon Grouse Heathcocke Moregame, or any such Foule, or any Hare; or after the saide firste day of Auguste shall take kill or destroy any Phesant Partridge House Dove or Pigeon, with settinge Dogges or Nets, or with any manner of Nett Snares Engines or Instrument(Harsow, ke. whatsoever; or shall take the Egges of any Phesant Partridge or Swannes out of the Neast, or willinglie breake spoile or destroy the same in the Neaste; or after the saide firste day of Auguste shall trace of course any Hares in the Snow, or at any tyme take or destroy any Hares with any Harepipes Cordes or with any such Instrument or other Engines; And the same Offence or Offences bringe proved by the Confession of the partie, or by the testimony of two sufficient Witnesses upon Oathe, before two or more Justices of Peace of the same Countie Citie or Tovne Corporate wherein the offence shalbe comitted, or the partie offendinge apprehended, shall be by the saide Justices of Peace for everie such Offence comitted to the Comon Goale of the saide Countie Citie or Towne Corporate where the Offence shalbe comitted, or the parties apprehended, there to remaine for Three Moneths without Bayle or Mainep ise, unlesse that the saide Offendour doe or shall forthwith upon the saide Conviction paie or cause to be paide to the Churchwardens of the saide Parishe where the saide Offence shalbe comitted, or the partie apprehended, to the use of the Poore of the saide Parish the summe of Twentie shilling for everie Phesant Partridge House Dove Pigeon Hearne Mallarde Ducke Teale Wigeon Grouse Heathcocke Moregame or any such Foule, and for everie Egge of Phesant Partridge or Swannes, and for everie Hare which any and everie such person and persons so offendinge, and convicted as aforesaide, shall take kill or willinglie destroy, contrarie to the true purport and true meaninge of this Statute; or after one Moneth after his Comitment, together with two sufficient Sureties become bounde by Recognizance in the summe of Twentie pound a piece to the King Majesties use, his Heires and Successors, with condition that he the saide partie so offendinge shall not at any time hereafter shoote at kill take or destroy any of the saide Games before mentioned, by any of the meanes aforesaide; which saide Recognizances shall be taken by any two or more Justices of Peace of the saide Countie Citie or Towne Corporate where the Offendour shalbe so imprisoned as aforesaide, and shalbe retourned to the then next Quarter Sessions, and there to remaine of Recorde as other Recognizances taken for the Peace
Three Mont unless they pay
sce. per Head, he. or, after one Month's Imprimcomest, give Security for good
Behaviour,
AND for the better preservation of Deare Hares and other the Games aforesaide, Bee it further enacted by the authoritie unqualified Persons, aforesaide, That all and everie person and psons which from or after the saide firste day of Auguste shall have or
Penalty on
(viz. not having 10 per Ansun Freebold, &c. of
aco Personalty) herping any Greyhound, &c
Fenalties on orlling, or buying to sell,
Deer, Hare,
Partridge, or
Pheasant,
40%, 10%, and sos
per Head
IV. None shall be panished for such Offeners under former Laws, &c. Justices may
Pheasants and
keepe any Greyhound for coursinge of Deare or Hare, or Setting Dogge or Dogges, or Nette or Nettf, to take Phesants or Partridges, (except such person or persons which shalbe seized in their owne Right or in the Right of their Wives, of Landes Tenemente or Hereditament of the cleare yearelie value of Tenne poundes by the yeare or more, over and above all Charges and Reprises, of some Estate of Inheritance, or of Landes Tenemente or Hereditament in his owne Right or in the Right of his Wife, for tearme of Life or Lives, of the yeerelie value of thirtie poundes, over and above all Charges and Reprises, or be posseste of Goods or Chattels to the full value of Two hundred pound to his owne use, or be the sonne or sonnes of any Knight, or of any Baron of Parliament, or of some pson of higher Degree, or the Sonne and Heire Apparant of any Esquire,) and beinge thereof convicted as aforesaide, shall by the saide Justices of Peace be comitted and imprisoned in manner and forme as in and by this psent Acte before is expressed specified and declared; excepte such person and persons so offendinge, and thereof convicted as aforesaide, doe foorthwith pay or cause to be paide to the Churchwardens of the saide Parishe where the said Offence shalbe comitted, or the partie apprehended, to the use of the Poore of the saide Parishe the süme of fourtie shilling of good and lawfull Money of England
AND be it further enacted by the authoritie aforesaide, That everie person and persons which at any tyme after the saide firste day of Auguste shall sell, or buy to sell againe, any Deere Hare Partridge or Phesant, (except Partridge and Phesant reared and brought up in House or Houses, or brought from beyond the Seas) shall forfeite for every Deere so bought and sold Fortie shillingť, for everie Hare Tenne shilling, and for everie Partridge Tenne shilling, and for everie Phesant so to be bought and solde, Twentie Shilling; of all which forfeitures the one moytie shall be to hym or them that will sue for the same by Bill Indictment or Information; And the other moytie to the Poore of the Parishe where the said Offence or Offences shall be comitted
AND be it further enacted by the authoritie aforesaide, That no person or psons shall or may after the saide firste day of Auguste be punished by force of any former Statute or Law for any of the saide Offences for which by force of this Lawe any Punishment shalbe inflicted; and that all Justices of Assise in theire severall Circuite, and all Justices
fraces of the Peace in theire Generall Quarter Sessions, and any two Justices of Peace or more together out of any Sessions, shall and may by force of this psent Acte have full power and authoritie to examine heare punish and determine all Offences to be comitted againste this psent Statute, and to administer Othes as aforesaide, and pforme and execute all and everie Acte and Thinge fit or requisite for the due execution of this psent Acte
PROVIDED alwaies, That it shall and may be lawfull for everie person or psons which have or shall have free Warren, and to and for every Lorde of a Mannour, and to everie Freeholder which is or shalbe seised in his owne Right or in the Right of his Wife, of Landes Tenement or Hereditament to the cleare yeerelie value of Tenne pound( or more by the yecre, over and above all Charges or Reprises of some Estate of Inheritance, or of Landes Tenement or Hereditamente in his owne Right or in the Right of his Wife, for terme of Life or Lives, of the yeerelie value of Thirtie poundes, over and above all Charges and Reprises, or be or which shalbe worthe in Goods or Chattels Two hundreth poundes by hym or themselves, or by his or theire Meniall Servant, (sufficientlie authorized from his or theire Master for that purpose) to take Phesant and Partridges in the Day tyme onelie with Nets, in and upon his and their owne, or his and theire Masters Free-Warren Mannor and Freehold, or on any parte of them, betwixte the Feaste of Saint Michael the Archangell and the Feaste of the Birthe of our Lorde God, yeerelie; any thinge in this Lawe to the contrarie notwithstandinge
AND be it also further enacted by the authoritie aforesaide, That it shall and may be lawfull to and for everie person and psons keepinge any Hawke or Hawkes, which at the General Quarter Sessions of the Countie (where hee and they shall dwell) shalbe licensed to shoote Haile Shot in Hand Guns or Birding Peece, at Crowe Chough Pie Rooke Ringdove Jey or smaller Birdes, for Hawkes meate onelie, to shoote and kill Hawkes meare, accordinge to the said License onelie, so that such partie so to be licensed doe at the same Quarter Sessions wherein he shalbe licensed become bounde to the King Majestie by Recognizance in Twentie poundę not to shoote at any the Foule or Game, at which shootinge is prohibited by this Lawe; and so that hee or they shall not shoote in any Hand Gunne or other Gunne within sixe hundreth paces of any Hernerie, nor within one hundreth paces of any Pigeon House, or in any Parke Forrest or Chace, whereof the partie so licensed, or his Master, is or shall not be the Owner Keeper or Governour, for which Lycense and Recognizance the Clearke of the Peace is to take onelie Twelve pence, and no more
This Law to continue to the of the firste Session of the nexte Parliament
