beneficial, and moft necessary to be continued for the cafe and common- thorities of weal of the people of this land; (2) Be it therefore enacted by the fupervisors of Queen's moft excellent majefty, the lords fpiritual and tempo- larged. highways enral, and the commons, in this parliament affembled, and by the 2&3 Ph. & M. authority thereof, That the faid act made in the faid fecond and c. 8. third years of the reign of King Philip and Queen Mary, touching and concerning the reparation and amendment of the highways, and every article and branch of the fame, fhall from henceforth be, ftand and continue in full force, effect and strength, for and during the term of twenty years next following from and after the beginning of this prefent parliament, and after the expiration of the faid twenty years, to the end of the parliament then next after the end of the faid twenty years to be holden and kept.

II. And forafmuch as the faid ftatute made in the fecond and third years of King Philip and Queen Mary, in divers parts of this realm Serveth not to fo good purpose and effect as it may be made, for that Such fubftance and matter as is most fit and convenient for the reparations of the faid ways, cannot be lawfully had, fetched and taken out of the feveral grounds and foil thereunto nigh or adjoining, being no great lofs or detriment to the owners of the fame feveral grounds and foil, whereby the amendment of the Jaid ways is little increased, or elfe of very fmall and flender continuance, to the great and continual charge and trouble of the poor people inhabiting thereabouts :

rubbish in other men's

III. For reformation whereof, and that the reparations of The supervithe faid highways may hereafter in good due manner well and fors may take fufficiently be made; (2) be it further by the authority of this prefent parliament enacted, That from henceforth it fhall and grounds for may be lawful to all and every fupervisor and fupervisors, and the mending orderers of the works for the time being, for the amendment of of ways. the faid highways, thereunto elected and appointed according to the statute made in the fecond and third years of King Philip and Queen Mary, for the better reparation and amendment of the ways within their feveral parishes and limits where they shall be fo made fupervisors (if it shall be fo to them thought neceffary) to take or carry away of the rubbish or smallest broken ftones of any quarry or quarries lying and being within the parish where they fhall be fupervisors, without licence, controlment or impeachment of the owner or owners, fo much as by their difcretions fhall be deemed and adjudged neceffary for the amendment of the faid ways: (3) and that for default of any quarry or quarries not being within their faid parish or limits, or in default of rubbish not to be found in any fuch quarry or quarries, it fhall and may be lawful to every fuch fupervifor or fupervisors, for the use aforefaid, in the feveral grounds of any perfon or perfons being within the parifh and limits where they fhall be fupervifors, and nigh adjoining to the way or ways wherein such reparations fhall be thought neceffary to be made, and wherein gravel, fand or cinders is likely to be found, to dig or caufe to be digged for gravel, fand or cinders, and likewife to gather ftones lying upon any lands or grounds within

What rubbish fupervisorsTM

may not dig, places.

nor in what

A fupervifor fhall caufe a

pit digged for gravel, &c. to be topped up again.

the parish, and meet to be used for such service and purpose, and thereof to take and carry away fo much as by the discretion of the said supervisors fhall be thought neceffary to be employed in the amendment of the faid highways.

IV. Provided always, That it fhall not be lawful to any fuch fupervisor or fupervisors by virtue of this act, to cause any rubbith to be digged out of any quarry or quarries, but only fhall extend to fuch rubbish as fhall be found there ready digged by the owner or owners of the faid quarry or quarries, or otherwise by his or their licence and commandment; (2) nor shall not extend or give authority to any fupervifor or fupervisors to dig or caufe to be digged any gravel, fand or cinders, in the house, garden, orchard or meadow of any perfon or perfons; (3) nor that it fhall be lawful by this act to any fuch fupervisor or fupervifors, to caufe any more pits to be digged for gravel in any feveral and inclosed ground than one only; and that the same pit or hole fo digged for gravel as is aforefaid fhall not in any way be in breadth or length above ten yards over at the most : (4) And that every fuch fupervisor as fhall cause any such pit to be made and digged for gravel, fand or cinders, as is abovefaid, thall within one month next after any fuch digging or pit made, caufe the fame to be filled and ftopped up with earth, at the cofts and charges of the parishioners; (5) upon pain to forfeit to the owner or owners of the foil wherein any such pit shall be made and digged, for every default five marks, to be recovered by action of debt, as in other like cafes of debt hath been accustomed.

V. And forafmuch as the highways in fundry places of this realm be full of continual fprings and water-courfes, by continual increase and finking whereof into the ground, the faid ways are not only very deep and dangerous, but also for the most part impoffible to be amended and repaired in any good and fufficient manner, without fome further remedy provided for the fame.

Turning of a VI. Be it therefore by the authority aforefaid further enactwater-courfe ed, That from henceforth every fuch fupervisor and supervisors, into another's as is aforefaid, fhall by force of this act, within the parish or ground. limits where he or they fhall be fupervifors, have full power and authority to turn any fuch water-courfe or fpring of water, being in any of the faid highways, into any ditch or ditches of the feveral ground or foil of any perfon or perfons whatsoever next adjoining to the faid ways, in fuch manner and form as by the difcretions of the faid fupervifors fhall be thought meetest and moft convenient.

VII. And be it further enacted by the authority aforefaid, That the heyes, fences, dikes or hedges next adjoining on either fide to any high or common fairing way, fhall from time to time be diked, fcoured, repaired and kept low, and all trees and builes growing in the highways, cut down by the owner or owners of the ground or foil which fhall be inclofed with the faid heyes, fences, dikes or hedges aforesaid, whereby the faid ways may be open, and the people have more ready and eafy

paffage

paffage in the fame: (2) And whereas in the said statute made in the said second and third years of the reign of the said King Philip and Queen Mary, there are but four days yearly appointed for the reparations and amendment of the faid highways: (3) Be it further by this prefent parliament enacted, That from Six days aphenceforth there fhall be yearly fix days, during the time and pointed for force of this eftatute, obferved, ufed and employed in repara- the amending tion and amendment of the faid highways, in like manner and of highways. a & 3 Ph.& M form as the faid four days were limited and appointed to be ob- c. 8. ferved and kept by the said eftatute made in the faid fecond and third years of King Philip and Queen Mary.

fence to the

VIII. And be it further enacted by the authority aforefaid, The fuperviThat from henceforth all and every such supervisor and fuper- fors fhall previsors for the time being, within one month next after default fent every ofor offence made, done or committed by any perfon or perfons, next juftice. contrary to the provifon, purport and true meaning of the faid eftatute made in the second and third years of King Philip and Queen Mary, or contrary to the provifion, purport and true meaning of this prefent act, fhall present every fuch default or offence to the next juftice of peace for the time being; (2) upon pain to forfeit for every fuch default or offence, in fuch fort not by them prefented, forty fhillings: (3) And that every fuch Certificate of juftice of peace, to whom any fuch default or offence fhall be every offence prefented as is aforefaid, fhall certify the fame prefentment fo to the next fefprefented at him made, at the next general feffions within the faid county fions, then next after to be holden; (4) upon pain to forfeit for not certifying of every such prefentment of every fuch default or offence, as is aforefaid, five pounds: (5) And that the justices of peace of every county where the faid defaults or offences fhall be committed, fhall immediately have authority to enquire of any fuch default or offence committed within the limits of their commiffion, at every their quarter-feflions, and to affefs fuch fines for the same, as they or two of them, whereof one to be of the quorum, fhall think meet.

IX. And be it further enacted by the authority aforefaid, Every justice That every juftice of peace fhall have authority by this ftatute, of peace may upon his own proper knowledge, in the open general feffions, faults upon his prefent deto make prefentment of any highway not well and fufficiently own knowrepaired and amended, or of any other default or offence com- ledge. mitted and done within the county and limits of his commiffion, contrary to the provifion and intent of this ftatute, or the faid ftatute made in the fecond and third years of King Philip

and Queen Mary: (2) And that every fuch prefentment made Farther proby any fuch juftice of peace upon his own knowledge, as is afore- vided for by 3 & 4 W. & M, faid, fhall be as good, and of the fame force, ftrength and efC. 12. ር. 14. fect in the law, as if the fame had been prefented, found and adjudged by the oath of twelve men: (3) And that for every Affeffing of fuch default fo prefented, as is aforefaid, the juftices of the fines for depeace of the faid county fhall immediately, at the faid general faults. feffions, have authority to affefs fuch fines as to them, or two of them, whereof the one to be of the quorum, fhall be thought

meet:

Traverse to a meet: (4) Saving to every person and perfons that shall be prefentment. touched by any fuch prefentment, to have his or their lawful traverse to the fame prefentment, as they might have upon any indictment of trefpafs or forcible entry, by the laws of this realm, before the making of this eftatute.

merciaments.

Eftreating and X. And that all fuch fines, forfeitures and amerciaments to levying of the be affeffed by the faid juftices of the peace at their general feffions fines and a in any the cafes aforefaid, fhall be eftreated by the clerk of the peace of the faid county, and shall be levied in fuch manner and form, and employed to fuch uses and intents, as in the said statute made in the second and third years of King Philip and Queen Mary is limited and appointed. (2) This act to continue for twenty years next after the beginning of this present parliament, and from thence until the end of the parliament then next after to be holden. 18 El. c. 10. 27 El. c. 24. made per

The several penalties for forging of deeds the first

or fecond

petual by 29 El. c. 5.

CAP. XIV.

An act against forgers of falfe deeds and writings. Orafmuch as the wicked, pernicious and dangerous practice of making, forging and publishing falfe and untrue charters, evidences, deeds and writings, hath of late time been very much more practifed, ufed and put in ure in all parts of this realm, than in times palled, not only to the high difpleasure of God, but also to the great injury, wrong, hurt, damage, difherifon and utter undoing of divers the Queen's majesty's fubjects of this realm, and to the great fubverfion The mildness of justice and truth, (2) which feemeth to have grown and happened of the law hath chiefly by reafon that the pains and punishments limited for fuch great increafed the and notable offences, by the laws and ftatutes of this realm, before forging of this time have been and yet are so small, mild and eafy, that fuch evil people have not been nor yet are afraid to enterprise the practising and doing of fuch offences:

time, &c. Townsend's table 35.

deeds. 3 Inft. 103, 169.

13 Co. 34, 35.

II. Be it therefore enacted by the Queen's moft excellent majefty, with the affent of the lords fpiritual and temporal, and the commons in this present parliament affembled, and by the authority of the fame, That if any perfon or persons whatsoever, after the first day of June now next coming, upon his or their own head and imagination, or by falfe confpiracy and fraud with others, fhall wittingly, fubtilly and falfly forge or make, or fubtilly cause or wittingly affent to be forged or made, any falfe deed, charter or writing fealed, court-roll, or the will of any perfon or perfons in writing, (2) to the intent that the state of freehold or inheritance of any perfon or perfons, of, in or to any lands, tenements or hereditaments, freehold or copyhold, or the right, title or interest of any perfon or perfons, of, in or to the fame, or any of them, fhall or may be molefted, Dyer 288, 302, troubled, defeated, recovered or charged; (3) or after the faid first day of June thall pronounce, publifh or fhew forth in evidence, any fuch falfe and forged deed, charter, writing, courtroll or will, as true, knowing the fame to be falfe and forged, as is aforefaid, to the intent above remembred, (4) and

Made felony by 2 Geo. 2. C. 25. & 9 G.

2. C. 18.

322.

fhall

bled.

fhall be thereof convicted, either upon action or actions of Raft. 359. forger of false deeds, to be founded upon this statute, at the fuit of the party grieved, or otherwise according to the order and due course of the laws of this realm, or upon bill or information to be exhibited into the court of the star-chamber, according to the order and ufe of that court, (5) fhall pay un- The penalty to the party grieved his double cofts and damages to be found or for forging or affeffed in that court where fuch conviction shall be, (6) and al- publishing of à false deed, fo shall be set upon the pillory in some open market-town, or whereby anoother open place, and there to have both his ears cut off, and ther's freehold also his noftrils to be flit and cut, and feared with a hot iron, fhall be troufo as they may remain for a perpetual note or mark of his falsehood, (7) and fhall forfeit to the Queen our fovereign lady, her heirs and fucceffors, the whole iffues and profits of his lands and tenements during his life, (8) and also shall suffer and have perpetual imprisonment during his life; (9) the said damages and cofts to be recovered at the fuit of the party grieved as is aforefaid, to be first paid and levied of the goods and chattels of the offender, and of the iffues and profits of the faid lands, tenements and hereditaments of fuch party convicted or of one or both of them; the faid title of our faid fovereign lady the Queen, her heirs or fucceffors, to the fame notwithstanding.

claimed.

III. And be it further enacted by the authority aforesaid, Forging of a That if any perfon or perfons after the faid first day of June, upon deed, whereby his or their own head or imagination, or by falfe confpiration a leafe or anor fraud had with any other, fhall wittingly, fubtilly and falfly nuity may be forge or make, or wittingly, fubtilly and falfly caufe or affent to be made and forged, any false charter, deed or writing, (2) to the intent that any perfon or perfons fhall or may have or claim any estate or intereft for term of years, of, in or to any manors, lands, tenements or hereditaments, not being copyhold, or any annuity in fee-fimple, fee-tail or for term of life, lives or years; (3) or after the faid day fhall as is aforefaid forge, make or cause Forging of an or affent to be made or forged, any obligation or bill obligatory, obligation, acor any acquittance, releafe or other discharge of any debt, ac- quittance, releafe, &c. compt, action, fuit, demand or other things perfonal; (4) or Godbolt 62. if any perfon or perfons after the faid first day of June fhall pro- pl. 75nounce, publish or give in evidence, any fuch falfe and forged 2 Brownl. 49. charter, deed, writing, obligation, bill obligatory, acquittance, Lutw. 190. release or discharge, as true, knowing the fame to be false and forged, (5) and fhall be thereof convicted by any the ways or means aforefaid: That then he shall pay unto the party grieved his double cofts and damages, to be found and affeffed in fuch court where the faid conviction shall be had, (6) and shall be also set upon the pillory in fome open market-town or other open place, and there to have one of his ears cut off, (7) and shall alfo have and fuffer imprisonment by the space of one whole year, without bail or mainprife.

IV. And be it further enacted by the authority aforefaid, The feveral reThat the party and parties grieved by reafon of any the offences medies of the party grieved

aforefaid,