make cloth ket-town. that time fhould inhabit or dwell in any of the fhires of North Wales out of a mar- or South Wales, Cheshire or Lancashire, Weftmorland, Cumberland, Northumberland, bishoprick of Durham, Cornwal, Suffolk, Kent, the town of Goddelmine in the county of Surrey, or Yorkshire, being not within twelve miles of the city of York, or in any of the towns or villages near adjoining to the water of Strowd in the county of Gloucester, where clothes have been usually made by the space of twenty years then last past, and having been an apprentice to the occupation of cloth-making, or ufed the fame by the Space of feven years, to fet up, ufe and exercise the feat or mystery of making, weaving or rowing of woolen cloth, out of a city, borough or market-town, as before that time they might have done; any thing in the faid act to the contrary notwithstanding. trees, and growing in what places, fhall not be converted to fuel for the making of iron. IV. And forafmuch as the towns or villages of Bocking, Weftbarfold, Dedham and Cockfhall in the county of Effex, be fair large towns, and as well planted for cloth-making as the faid town of Goddelmine or better, and few towns in this realm better planted for that purpose, and have been inhabited of a long time with cloth-makers, which have made and daily do make good and true cloth, to the great commonweal of the country there, and nothing prejudicial to, or for the commonwealth of this realm: (2) Be it therefore ordained and enacted by the authority of this prefent parliament, That it shall be lawful to all and every fuch perfon and perfons which now do inhabit or dwell, or hereafter shall dwell, in the said towns or villages of Bocking, Weftbarfold, Cockfball and Dedham, or in any of them, now ufing or exercifing, or that hereafter fhall use or exercise the feat or mystery of making, weaving or rowing of cloth or kerfie, by the space of feven years at the least or have been prentice thereto by the said space of seven years, to inhabit and dwell in the faid towns and villages of Bocking, Weftbarfold, Cockfball and Dedham, and in every or any of them, and to use the making, weaving or rowing of cloth or kerfie, as before this time they might have done if the said act had never been made; any thing in the faid act to the contrary thereof made, or any other act, ftatute or law heretofore made, or hereafter to be made to the contrary hereof in any wife notwithstanding. 27 El. c. 23. CAP. XV. An all that timber shall not be felled to make coals for burn ing of iron. What timber-OR the avoiding of deftruction and wafting of timber, `be it enacted by our fovereign lady the Queen's majefty, the lords fpiritual and temporal, and the commons, in this present parliament affembled, and by the authority of the fame, That no person or persons hereafter shall convert or employ, or cause to be converted or employed to coal or other fuel for the making of iron, any timber-tree or timber-trees of oak, beech or ash, or of any part thereof, of the breadth of one foot fquare at the stub, and growing within fourteen miles of the fea, or of any part of the rivers of Thames, Severn, Wye, Humber, Dee, Tine, Teefe, Trent or any other river, creek or ftream, by the which carriage to be convert. carriage is commonly used by boat or other veffel to any part of No wood, &c. the fea; (2) upon pain of forfeiture for every fuch tree, or any ed to coal, &c. part thereof, fo employed or converted to coal or other fuel for within 22 the making of iron as is aforefaid, forty fhilling of lawful mo- miles of Lonney of England; the one half of all which forfeitures to be to don, &c. our fovereign lady the Queen's majefty, and to her heirs and 23 El. c. 5. fucceffors, and the other moiety to him or them that will fue for the fame by original writ, bill, plaint or information, wherein no effoin, protection, injunction or wager of law fhall be admitted or allowed. II. Provided always, That this act fhall not extend to the To what county of Suffex nor to the weild of Kent, nor to any the parishes fhires or plaof Charlewood, Newdigate and Ligh in the weild of the county of ces this ftatute Surrey. (2) This act to begin and take effect from and after tend. the feaft of the nativity of St. John Paptift next coming after this feffion of parliament. 27 El. c. 19. CAP. XVI. The statute made anno 1 Mar. feff. 2. c. 12. against unlawful and rebellious affemblies, fhall be continued during the Queen's life, and until the end of the parliament then next following. EXP. CAP. XVII. An act for prefervation of Spawn and fry of fish. FOR the : fhall not ex not feafona. OR the prefervation hereafter of fpawn, fry and young breed of The penalty eels, falmons, pikes, and of all other fish which heretofore hath for taking of been much destroyed in rivers and ftreams falt and fresh within this the fpawn or realm, infomuch that in divers places they feed fwine and dogs with the fry of any fish fry and Spawn of fish, and otherwife, lamentable and horrible to be ble, &c. reported, deftroy the fame, to the great hindrance and decay of the commonwealth (2) Be it therefore enacted by the Queen's most excellent majefty, the lords fpiritual and temporal, and the commons, in this prefent parliament affembled, and by the authority of the fame, That no perfon or perfons of what estate, degree or condition foever he or they be, from and after the first day of June next coming, with any manner of net, weele, but, taining, kepper, lime, crele, raw, fagnet, trolnet, trimenet, trimboat, ftalboat, weblifter, feur, lammet, or with any device. or engine made of hair, wool, line or canvas; (3) or shall use any heling-net or trimboat, or by any other device, engine, cawtel, ways or means whatsoever heretofore made or devifed, or hereafter to be made or devised, shall take and kill any young brood, fpawn or fry of eels, falmon, pike or pikerel, or of any other fifh, in any flood gate pipe, at the tail of any mill, wear, or in any ftraits, ftreams, brooks, rivers fresh or falt within this realm of England, Wales, Berwick, or the marches thereof; (4) None shall nor shall from and after the first day of June, next coming, by take any falany of the ways and means aforefaid, or otherwise in any river mons or or place above specified, take and kill any falmons or trouts, not season. being in season, being kepper-falmons or kepper-trouts, shed der-falmons or fhedder-trouts. VOL. VI. L II. And trouts not in Of what length fishes must be that fhall be taken and killed.. Of what mesh be. II. And be it further enacted by the authority aforesaid, That no perfon or persons, of what estate, degree or condition he or they fhall be of, from and after the said first day of June, by any of the means aforefaid, in any of the rivers or places abovenamed, shall take and kill any pike or pikerel, not being in length ten inches or more; (2) nor any falmon not being in length fixteen inches or more; (3) nor any trout not being in length eight inches or more; (4) nor any barbel not being in length twelve inches or more. III. And to the intent the said young fry, brood or spawn each net shall may be preferved according to the true meaning hereof, be it further enacted by the authority aforefaid, That no manner of person or perfons, from and after the first day of June next coming, fhall fish or take fish with any manner of net, tramel, kepe, wore, hivie, crele, or by any other engine, device, ways or means whatsoever, in any river or other place above-mentioned, but only with net or tramel whereof every mesh or mask shall be two inches and a half broad; angling excepted. What nets or may of fmall fish. IV. Provided nevertheless, and be it enacted by authority other devices aforefaid, That in all fuch places where fmelts, loches, minnies, be ufed bulheads, gudgions or eels, have been used to be taken and for the taking killed, that in all fuch places it fhall be lawful, only for the taking of smelts, loches, minnies, gudgions and eels, to use fuch nets, lepes and other engines, devices, ways and means as heretofore have been used for the taking of the fame; (2) fo that such person or perfons ufing or occupying fuch nets or other engines as is laft afore-mentioned, do not take, kill or destroy any other fish with the faid nets or engines, contrary to the tenor and form above in this ftatute contained. The penalty 'of the offender. Altered by ftat. 2. c. 18. V. And be it further enacted, That if any perfon or persons, after the aforefaid day limited in this present act, offend in any of the points before rehearfed, contrary to the tenor, form and purport of any part of the fame, that then every fuch perfon IG. 1. c. 14. and perfons fo offending fhall lofe and forfeit for every time of his or their offence, the fum of twenty fhillings, and the fish fo taken contrary to the tenor hereof, and alfo the unlawful nets, engines, devices and inftruments, whatsoever they be, wherewith or whereby fuch offence fhall fortune to be made, committed or done. f. 14. offences afore VI. And to the intent that a perfect execution may be had What perfons fhall have au- of this prefent act, be it further ordained by authority aforefaid, thority to en- That the lord admiral of England, and the mayor of the city of quire of and London for the time being, and all and every other perfon and determine the perfons, bodies politick and corporate, which by grant or other lawful ways and means, lawfully have or ought to have any confervation or preservation of any rivers, ftreams or water, or punishments and corrections of offences committed in any of them, thall have full power and authority by virtue of this act to enquire of all the offences to be committed and done contrary to the effect and true meaning of this act, within his or their fuch lawful rule, government, jurifdiction and confervancy, by the faid, and who fhall have the forfeiture. oaths oaths of twelve men or more, and to hear and determine all VII. And that all fuch pains and forfeitures as shall rife or grow by the reafon of any fuch conviction for any the offences aforefaid, fhall be to the ufe of every of the faid perfon and perfons being no body politick or corporate, nor head of any body politick or corporate, before whom fuch conviction, as is aforefaid, fhall be had, and to the use of every fuck body politick and corporate as heretofore have lawfully had any fines, forfeitures and amerciaments for any offence unlawfully committed or done in any fuch their jurifdiction or confervancies, upon conviction had before the head of any fuch body politick or corporate. VIII. And that alfo the lord of every leet within this realm of England and Wales, or the dominions of the fame, fhall have full power and authority to enquire of all the offences contrary to the purport, tenor and form of this eftatute, within the precinct of their faid leet: fuch enquiry to be had in manner and form, and after fuch fort, as common amerciaments, or other things inquirable in their court-leet, have been lawfully used and accustomed to be had and made. IX. And that upon every fuch prefentment had in any court or leet, by the oath of twelve men or more, as is aforefaid, of any offence or offences made contrary to the tenor of this ef tatute that then all fuch forfeiture above in this eftatute limited and appointed for fuch offence, fhall be unto the lord of the faid leet for the time being, to his own ufe for ever, and thall be levied in fuch manner and form, as amerciaments for affrays committed within the precinct of fuch leet have been used and accustomed to be levied. of a leet that X. And if any leet after the faid first day of June, be kept The forfeiture within this realm of England or Wales, or the dominions there- of the steward of, and the steward of the faid leet for the time being, or other doth not give for him, do not charge the jury fworn in fuch leet, to enquire this statute in of all the offences done within the precinct of the faid leet con- charge. trary to the tenor and form of this eftatute; that then the fteward of the faid leet to lofe and forfeit forty fhillings; the one moiety of which forfeitures fhall be to the Queen's majefty, her heirs and fucceffors, and the other moiety to him that will fue for the fame. (2) And if any jury fworn in any leet, and being The forfeiture charged to enquire of the offences committed within the pre- of a jury in a cinct of that leet, do wilfully and willingly conceal and make leet that doth default in presentment, or do not prefent the offence and offend- offence. ers; that then it thall be lawful to the fteward or bailiff of the leet, or his or their deputy for the time being, to impanel one other jury within the faid leet, and to enquire of fuch concealment, default or non-prefentment; (3) and that upon fuch concealment, default or non-prefentment found and prefented, every of the said jurors which fo did conceal, make default or not prefent, fhall lofe and forfeit for every fuch offence twenty fhillings L 2 Who may offences if fhillings to the lord of the faid leet, the fame to be levied in manner and form as is abovesaid for the other offences limited and expressed. XI. And it is further enacted by authority aforefaid, That punish the faid if the offences above-mentioned touching the taking, killing or destroying of fish, or fry and spawn, be not prefented at they be not prefented in the leet where they shall be committed, within one year next after the offence committed, that the juftices of peace in their feffions, juftices of oyer and determiner, and juftices of affife in their feveral circuits, fhall have full power and authority to enquire thereof, and to hear and determine all the offences committed contrary to the tenor of this estatute. the leet. A faving of the liberties of all perfons having right to enquire of and punish the faid offences. To what perfons or waters this ftatute tend. XII. Saving always to all and every person or perfons, bodies politick and corporate, and every of them, all fuch right, title, intereft, claim, privilege and confervation, and enquiry, and punishment of and for any the offences aforefaid, as they or any of them lawfully have and enjoy, or of right ought to have and enjoy, by any manner of means; any thing in this act to the contrary notwithstanding. (2) This act to endure to the end of the next parliament. XIII. Provided always, That this act, nor any thing therein contained, fhall not extend unto the fishing of the river or wadoth not ex- ter of Tweed; (2) nor to any river or water whereof the Queen's majesty is answered of any yearly rent or profit; (3) nor to the owners, farmers and occupiers of the rivers of Uke or Wye in the county of Monmouth; (4) for any fish hereafter to be taken in any the rivers or waters before-mentioned and expreffed ; (5) but that it fhall be lawful at all seasonable time and times hereafter, for fuch as have or fhall have any manner of interest therein, to take and fish the said rivers and waters, in fuch manner and form as heretofore hath been used and accustomed, not ufing any net or engine, to the intent willingly to take, kill and destroy the spawn, breed or fry, breeding any kind of fish within the faid feveral rivers or waters; this act, or any thing therein mentioned or contained to the contrary notwithstanding. Made perpetual, except as to this laft fection, by 3 Car. I. c. 4. CAP. XVIII. The ftatutes made anno 22 Hen. 8. c. 7. Anno 23 H. 8. c. 3. & 17. Anno 24 H. 8. c. 9. Anno 28 H. 8. c. 6, 8, 9. Anno 31 H. 8. c. 7. Anno 35 H. 8. c. 17. Anno 37 H. 8. c. 23. Anno 2 & 3 Ed. 6. c. 9. Anno 3 & 4 Ed. 6. c. 19 & 21. Anno 5 & 6 Ed. 6. c. 14. Anno 7 Ed. 6. c. 11. Anno 1 Mar. feff. 2. c. 12, 13. Anno 1 & 2 Phil. & Mar. c. 16. Anno 2 & 3 Phil. & Mar. c. 2, 3 & 5. fhall be revived, and made to continue until the end of the next parliament. EXP. CAP. |