By the Kings Maiesties Commissioners, for granting free VVarrens, and other things of that nature.
THE KINGS most Excellent Maiestie tendring the quiet, ease, and contentment of his louing Subiects: AND for the better preseruation of each mans Game of all sorts in their owne lands and possessions, from common hunters, Potchers and the like: which his Maiestie vnderstanding diuers of his Subiects are desirous off, hath been gratiously pleased to graunt his Commission vnder his great Seale of England, directed to some of his learned Counsell & others, whose names are subscribed, for compounding and agreeing with all such as will compound for free & Charter Warren, to be graunted to them and their Heires vnder the great Seale of England: AND for erecting Parkes and Warrans, in each mans seuerall possessions: AND for renewing Charters & Graunts of that nature, with diners other benesits, and more ample priuiledges, and speedie remedies by his Maiesties said Graunt, so to be obtained, against such inconuenienes of Hunters & Potchers, more then the common or Statute lawes, without the helpe of his Maiesties graunt, can yeeld and afford: for Warrens or Parkes are not to be holden or erected but by Charter or Prescription, as by the said Commission may appeare.
- 1 It doth enfranchise the land, by giuing an interest in the game to the owner of the ground, excludeth and others▪ who otherwise without the Kings graunt haue as much interest in as the owne: neither will any action lye against a man for taking or killing his game, or any recouery be had without the kings graunt, but action of treaspasse.
- 2 It hath great immunities and freedomes, whereof other grounds are destitute. 1. Eliz. Rast. 3.
- 3 The trespasser shall incurre the payment mentioned in the kings graunt, which other Warrens want.
- 4 Warren ground is not subiect to the statute made against the conuersion of tillage, into pasture: whereby an arable ground out-worne and barrened by corne, may so be imployed to greater benefit, till it be fruitefull for corne againe.
- 5 Treaspasses shall incurre imprisonment for three yeares, and make fine and ransome, and put in sureties not to offend againe, and the finall punishment is abiuration.
- 6 The garden of wards that the destroyes or annoies such groundes, shall be punished in wast.
- 7 The delinquent incurreth the danger of the Statute lawes, and the penalty of the kings Charter and common lawes.
- The Pattentie or his assignes without mallice, may iustifie the death of a wilfull offender, hounting on these licenced grounds if he will not submit himselfe to the kings peace.
- 1 It is good to all persons and grieuance to none.
- 2 They be subiect to a sute by the kings writt of Quo warranto, that keepe and maintaine Warrens without the kings graunt, whereby he may by his Atturney generall ceaze their libertyes.
- 3 The new Patentie hath full power to punish Potchers and pertty hunters by the lawe.
- 4 The barren and wast grounds may be won to be fertill, and gained to be seuerall and good.
- 5 This kind of ground will be made fit for Tillage, and fruitefull for corne, & not subiect to the statutes for decaying tillage.
- 6 The feare of these punishments, hereby to be inflicted will keepe mens grounds in quyet.
- 7 It shall be an occasion and preserue mens hedges, corne, and sheepe, more from petty hunters, Potchers, &c.
The charge of passing this graunt vnder the Seale, shall not be great, as in other Cases.
The Office hereof is kept at Sir Henry Bretons house in Drury lane next the signe of the Griffine nere Drury house where you shall haue further satisfaction and direction herein.
- Sir Henry Yeluerton, Knight, Atturney generall.
- Sir Thomas Coventry, Knight, Solicitor.
- Sir Iohn Townsend, Knight,
- Sir Henry Breton, Knight,
- Henry Gibbe, esquire,
- George Peckham, esquire.