¶
The
Collections
for
the
authoritie
of
the
Free
Warrens
.
ALl
ciuil
and
wel
gouerned
common
wealths
haue
euer
and
doe
necessarily
nourish
and
mainetaine
all
things
that
tend
to
these
two
things
,
Profit
and
Pleasure
,
the
one
for
the
essence
,
the
other
for
the
honor
of
it
;
and
all
Princes
and
their
Subiects
of
worthy
and
generous
spirits
,
haue
had
a
vigilant
eie
by
law
&
order
to
the
preseruation
of
those
creatures
that
are
created
for
pleasure
,
being
for
the
solace
and
liuelihood
of
man
,
and
prouided
for
him
in
his
first
creation
,
as
necessary
for
the
recreation
of
his
mind
,
clothes
for
his
outward
ornament
,
or
well
tasted
dishes
for
his
pallet
:
For
if
man
should
haue
nothing
but
adesse
,
meerly
for
nature
to
subsist
,
how
poore
and
deiected
a
creature
should
hee
be
,
and
how
much
inferiour
to
many
beasts
in
these
outward
things
?
Therefore
hath
the
Creator
prouided
from
the
beginning
both
the
creatures
and
the
meanes
for
mans
delight
,
yet
with
a
difference
to
man
therein
for
some
of
his
seruants
to
exceed
the
rest
,
that
they
may
haue
suppeditaments
and
ornaments
of
life
,
ad
bene
&
melius
esse
,
for
recreation
sake
,
which
haue
beene
euer
by
the
best
spirits
desired
:
For
how
base
and
vnworthy
a
mind
should
that
man
haue
,
being
borne
or
aduanced
to
good
possessions
&
fortunes
,
that
should
subiect
himselfe
to
the
drudgerie
and
slauerie
of
the
earth
in
meere
matter
of
getting
and
coueting
,
as
if
he
were
the
true
childe
of
Adam
,
only
in
that
necessitated
qualitie
of
digging
his
liuing
out
of
the
earth
,
whereunto
he
was
by
God
cursed
,
and
so
should
in
nothing
else
bee
eleuated
to
more
worthy
consideration
of
better
things
instituted
by
the
Creator
?
For
as
the
all
disposer
by
order
&
gouernment
vpon
earth
hath
appointed
in
euery
Monarchy
(
being
the
best
gouernment
)
degrees
of
honor
&
difference
of
ranks
and
qualities
amongst
men
,
so
he
hath
to
them
in
their
seueral
places
and
estimation
thereunto
annexed
all
such
other
outward
supplies
of
pleasures
and
delights
as
are
fit
for
such
men
,
as
Deere
,
Stagge
,
Cony
,
Pheasant
,
Partridge
,
and
the
like
;
yet
so
as
the
wisedome
of
this
and
other
ciuilized
Kingdomes
hath
been
such
,
as
it
hath
giuen
a
more
absolute
power
and
priuiledge
therein
to
the
King
,
then
to
any
man
,
though
they
are
called
to
bee
ferae
naturae
,
they
are
said
more
properly
to
be
the
Kings
then
any
mans
,
as
by
waie
of
interest
by
reason
of
his
prerogatiue
,
of
giuing
the
subiect
liberty
to
inclose
&
conteine
them
in
each
mans
seuerall
ground
,
by
Parkes
and
Warrens
,
&c.
and
to
giue
an
interest
and
propertie
to
man
therein
to
hunt
,
hawke
,
and
chase
them
by
licence
in
each
mans
own
possession
,
and
to
distreine
others
from
it
,
as
shall
appeare
from
time
to
time
by
the
lawes
of
this
Kingdome
collected
in
this
short
discourse
.
But
because
it
is
the
common
humour
of
men
to
cast
there
eie
onely
vpon
that
thing
that
tendeth
to
matter
of
profit
,
or
at
least
much
more
then
pleasure
and
other
contentment
,
and
for
that
these
maner
of
priuiledges
of
Free
Warren
,
and
the
like
,
being
the
Kings
Graces
and
deriuatiues
from
the
prerogatiue
of
the
Crowne
,
are
not
so
well
and
vsually
vnderstood
,
but
conceiued
to
bee
meere
matter
of
pleasure
,
and
not
of
benefit
or
profit
,
being
not
in
the
common
vse
among
men
;
it
hauing
beene
a
thing
so
deintie
and
precious
to
be
had
heeretofore
,
and
so
rarely
granted
,
that
subiects
of
the
greatest
and
wisest
sort
of
all
rankes
haue
beene
speciall
sutors
in
all
ages
,
to
the
Kings
and
Queens
of
this
kingdome
to
obteine
it
,
as
may
appeare
by
seuerall
graunts
from
time
to
time
.
And
that
no
man
may
bee
ignorant
,
aswell
of
the
benefit
and
profit
,
and
present
necessarie
vse
of
it
,
aswell
as
the
pleasure
of
it
;
I
thought
it
not
vnfit
to
set
downe
a
summarie
,
or
briefe
repetorie
of
some
of
the
Lawes
of
this
Kingdome
,
and
the
vse
and
practise
thereof
from
time
to
time
in
this
case
;
whereby
it
shall
appeare
,
that
by
comparing
our
present
with
the
times
past
,
by
the
number
of
Parkes
and
increase
of
game
of
all
sorts
,
and
the
present
state
of
this
Kingdome
,
there
will
be
much
more
vse
and
necessitie
hereof
in
these
times
to
all
men
,
then
in
former
;
and
doubt
not
but
to
giue
satisfaction
that
the
profit
and
vse
heereof
shall
be
great
to
all
men
for
whom
it
is
fit
;
who
haue
Manors
,
Wastes
,
Commons
,
Parke
,
or
Warren
,
and
the
like
,
not
licensed
by
his
Maiestie
or
his
predecessors
grant
:
For
that
to
those
who
haue
Wastes
,
Lands
,
and
Grounds
barrened
by
Corne
,
or
so
by
nature
,
the
profit
thereof
may
arise
as
the
occasion
shall
be
,
and
to
those
that
haue
Parkes
and
Warrens
vnlicensed
,
his
Maiesties
Writ
of
Quo
warranto
may
and
doth
iustly
lie
,
being
no
more
reason
that
any
Subiect
should
vsurpe
a
priuiledge
proper
and
of
right
belonging
to
the
King
,
then
hee
theirs
;
and
without
this
priuiledge
or
graunt
what
recompence
men
vsually
haue
vpon
euery
Action
of
Trespasse
brought
for
killing
Deere
,
Conies
,
or
the
like
,
euerie
mans
experience
teacheth
him
to
his
losse
.
Why
then
,
what
incouragement
can
any
man
haue
to
plant
or
reduce
to
seueraltie
Warren
or
Parke
vpon
his
waste
or
lands
fit
for
it
,
which
may
happlie
be
verie
profitable
,
when
being
not
licensed
vpon
any
spoile
,
killing
or
taking
the
Game
,
hee
cannot
iustifie
his
Action
against
him
for
the
same
,
nor
recouer
damage
;
but
as
in
an
ordinarie
Action
of
Trespasse
,
for
comming
vpon
the
ground
,
which
how
poore
a
recompence
it
is
for
a
mans
losse
,
men
do
daily
feele
.
All
which
shal
sufficiently
appeare
by
the
collection
of
the
Lawes
heerein
:
So
as
I
may
conclude
,
that
whosoeuer
shal
obtaine
this
grant
from
his
Maiesty
,
by
vertue
of
his
Maiesties
Commission
,
being
at
the
humble
suit
,
and
for
the
contentment
of
many
of
his
Subiects
,
shall
so
ioyne
and
furnish
himselfe
with
pleasure
and
profit
,
that
it
may
bee
truely
sayde
of
him
to
hold
a
good
course
,
according
to
that
,
Omne
tulit
punctum
qui
miscuit
vtile
dulci.
And
it
shal
appeare
that
this
priuiledge
and
prerogatiue
and
interest
of
the
Kings
,
is
not
onely
in
Parkes
,
Warrens
,
and
in
beasts
;
but
also
in
fowle
and
fish
in
the
waters
and
ayre
,
in
those
creatures
the
propertie
whereof
is
vnknowne
:
A
man
may
haue
a
Warren
in
another
mans
ground
by
prescription
,
If
any
take
a
Partridge
out
of
my
Warren
,
my
Writ
shall
be
,
Quod
cepit
leporarios
perdices
,
Cuniculos
,
&c.
and
of
all
other
beasts
of
the
Warren
:
And
if
the
Trespassor
be
found
guiltie
of
any
one
of
them
,
I
shall
haue
damage
for
euery
one
of
them
,
Pari
ratione
for
Conies
and
Deere
.
If
a
man
be
condemned
for
hunting
in
a
Warren
,
If
a
Trespasse
be
brought
against
one
for
entring
into
his
warren
,
and
for
taking
his
Conies
,
It
was
agreed
that
a
man
may
inclose
his
land
,
but
hee
ought
not
to
make
any
Parke
therein
for
the
keeping
of
any
wilde
beasts
without
the
Kings
licence
;
for
if
he
doe
,
it
shall
be
seised
into
the
Kings
hands
.
St.
de
magna
charta
,
Gardians
shal
vphold
and
maintaine
Parks
and
Warrens
,
&
shal
render
them
to
the
heire
when
he
comes
to
full
age
,
full
stored
,
at
least
in
such
wise
as
hee
found
them
,
which
is
intended
aswell
of
the
game
as
the
inclosure
.
And
before
the
Statute
of
Westminster
,
the
first
,
an
Action
of
Trespasse
would
lie
for
taking
of
Deere
in
an
others
soyle
,
and
dammages
should
bee
assessed
according
to
the
offence
by
the
discretion
of
the
Iurors
;
the
inclosure
of
a
ground
makes
it
no
Parke
,
but
the
content
comprised
within
the
inclosesure
in
the
Parke
;
and
the
common
forme
of
graunting
a
Parke
is
to
inclose
so
much
land
,
and
thereof
to
make
a
Parke
,
which
is
by
the
Kings
Graunt
and
Licence
onely
.
An
Action
vpon
the
Statute
for
trespassing
in
a
Parke
,
If
the
King
licence
a
man
to
imparke
two
hundred
acres
of
ground
,
Brooke
〈◊〉
76.
23.
H.
8.
and
hee
doe
inlarge
the
same
afterwards
with
a
hundred
acres
more
;
this
is
no
Parke
,
Quere
If
any
bee
atteinted
for
Trespasse
in
any
Parke
,
20.
3.
E.
at
the
suit
of
the
partie
,
great
and
large
amends
shal
be
awarded
according
to
the
Trespasse
,
and
three
yeeres
imprisonment
,
and
after
shall
make
Fines
at
the
Kings
pleasure
(
if
hee
haue
whereof
)
and
then
shall
finde
good
suretie
that
he
shall
not
commit
the
like
Trespasse
;
and
if
hee
haue
not
wherewith
to
make
Fine
after
three
yeeres
imprisonment
,
he
shall
finde
like
suretie
;
and
if
hee
cannot
finde
like
suretie
,
he
shall
abiure
the
Realme
.
And
if
any
guiltie
thereof
be
found
fugitiue
and
haue
no
lands
sufficient
(
whereby
he
may
be
iustified
)
so
soone
as
the
King
shall
finde
it
by
Inquest
,
he
shal
be
proclaimed
from
Countie
to
Countie
,
and
if
he
come
not
,
he
shal
be
outlawed
;
and
if
none
thereupon
doe
sue
within
a
yeere
and
a
day
,
the
King
shall
haue
the
suit
.
And
if
such
trespassour
take
tame
beasts
in
a
Parke
or
other
thing
;
let
the
common
Law
bee
executed
vpon
him
,
as
vpon
one
for
theft
and
robberie
.
Trespasse
,
De
male
factoribus
in
parcis
,
Brook
Trespasse
106.
5.
H.
5.
1.
Iudgement
in
a
Trespasse
of
entring
into
a
Parke
to
course
,
although
nothing
was
killed
,
was
thus
;
xl
.
shillings
for
the
costs
and
dammages
,
and
that
the
defendant
should
be
imprisoned
three
yeeres
,
and
to
pay
a
Fine
to
the
King
;
and
at
the
three
yeeres
end
to
finde
sureties
that
hee
should
not
offend
againe
:
and
if
he
cannot
finde
sureties
,
then
to
foriure
the
Land
.
precij
,
&c.
If
any
Forrester
,
Keeper
,
or
Warrener
,
A
Prouiso
is
there
conteined
,
Eliz.
cap.
2.
or
to
any
other
Parkes
heeretofore
lawfully
vsed
as
Parkes
,
and
now
disparked
,
or
to
any
other
grounds
that
heeretofore
haue
beene
by
any
of
her
Highnesse
progenitors
,
or
heereafter
shall
fortune
to
bee
made
Parke
or
Warren
by
licence
of
our
Souereigne
Lady
the
Queene
her
heires
and
successours
,
with
sufficient
clause
of
dispensation
for
conuerting
of
tillage
into
pasture
,
and
shal
be
laid
for
the
mainteining
of
Deere
and
Conies
without
couin
,
and
not
for
the
keeping
of
any
other
cattle
or
beasts
,
then
milch
Kine
for
themselues
or
their
Keeper
,
for
prouision
of
their
houses
,
or
for
Horse
,
or
Gelding
,
Mares
,
Colts
,
or
Swine
.
No
person
not
hauing
lands
of
tenne
pound
deere
yeerely
value
,
or
worth
in
goods
and
chattels
,
Iustices
of
Oyer
and
Terminer
,
Prouided
,
that
this
Act
of
3
Iacobi
,
doe
not
extend
to
any
Parke
,
or
inclosed
ground
,
made
,
or
hereafter
to
bee
made
or
vsed
for
Deere
or
Conies
;
without
the
Graunt
or
Licence
of
the
King
,
his
heires
or
successors
.
FINIS
.