The case of the gentlemen freeholders and others, who have the right of common in the forest or chace of Needwood in the county of Stafford.

2016-02

University of Oxford Text Archive

THE CASE OF THE Gentlemen Freeholders and others, who have right of Common in the Forest or Chace of Needwood in the County of Stafford.

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THE CASE OF THE Gentlemen Freeholders and others, who have right of Common in the Forest or Chace of Needwood in the County of Stafford.

THAT Thomas Earl of Stamford Chancellor of the Dutchy of Lancaster, hath in an Arbitrary way, taken upon himself to publish divers Orders in the nature of Laws, whereby the Subjects Rights and Liberties in the said Forest or Chace of Needwood are Invaded; several particulars whereof are hereafter mentioned.

That whosoever shall mark his Cattle, put into the said Forest, with a counterfeit Burn shall Forfeit 10 s. and the Cattle so marked shall be Seized, Apprised and Sold towards the Fine.

That whosoever shall convey any Cattle out of Needwood privately, after notice given of a publick Drift, shall Forfeit the Cattle and 10 l. a peice to the Informer, and them that Seize them; and if the Cattle cannot be found, shall be amersed double the Cattle, and 5 s. a peice to the Informer.

That if any Person shall convey any of his Grist to any other Mill, th [...]n the Wood Mill, against the ancient Custom and Right of the Mill, he shall F [...] 5 s. for every Offence; and every keeper Offending shall Forfeit 6 s. 8 d. being lawfully Convicted before the Wood-mote Jury or the Dutchy Court.

That no Person shall take or get in the said Forest, or Chace, or any the Parks thereto belonging, any Crab-Trees, Whit Thornes, Hollies or Hasils on Pain of a Months Imprisonment.

That no Commoners or other Persons shall Fother any Cattle in any part of the Forest, at any time from the Feast of St. Andrews till the last day of March, upon Pain of Forfeiting their Common, and for every Beast and Horse there Fothered 6 s. 8 d. which Orders, if the Commoners in general dislike, then it is Ordered that 300 Acres of the Forest shall be inclosed, and continually kept in severally for the Succour of the Deer.

That no Person shall keep any Swine in the Forest but in Crab time, on Forfeiture of the Swine, and that such as continue insufficiently Rung shall be Forfeited and Seized to his Majesty's use, and the Owner Forfeit for every Swine 3 s. 4 d.

That no Keeper or others shall keep or suffer any of their Sheep to Depasture in the said Forest, upon Forfeiture of the Sheep and 12 s. a Day for each Sheep.

These amongst divers others of the like nature, are put under his Majesty's Great Seal of the said Dutchy of Lancaster; and Ordered them to be Read in all Parish Churches, about the said Forest or Chace, whose Parishoners claim Right of Common there, which was done accordingly, to the great Disturbance of the People, for that the said Orders imply.

I. The Imposing Exorbitant Fines.
II. Forfeiture of Goods.
III. Setting up Informers by great Rewards.
IV. Imprisonment of their Persons.
V. The Forfeiture of their Free-holds.

Which Penalties 'tis Humbly presum'd, cannot be Imposed on any of his Majesty's Subjects but by Act of Parliament.

Wherefore 'tis Humbly hoped, that the Honourable House of Commons will take the Premisses into their serious Consideration, and give such Releif therein, as to their Great Wisdom shall be thought fit.

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