No. IV. 13 Rich. II. :st. 1. c. 19. 13 Richd. II. c. 19. Salmons to be [ No. IV. ] 13 Rich. II. Stat. 1. c. 19. Anno Dom. 1389. -A Confirmation of the Statute of 13 Edw. I. c. 47. touching the taking of Salmons. Item, WHEREAS it is contained in the Statute of Westminster the Second that young salmons shall not be taken nor destroyed by nets nor by other engines at mildams, from the midst of April till the Nativity of St. John Baptist, upon a certain pain limited in the same sta- A Confirmation tute: it is accorded and assented that the said statute be firmly holden of the Statute and kept, joining to the same that young salmons shall not be taken of 13 Ed. 1. 47. during the said time at mil-dams nor in other places upon the same pain: touching the And that no fisher or garthman, nor any other of what estate or condition prohibiting of that he be, shall from henceforth put in the waters of Thamise Humber taken certain Ouse Trent nor any other waters of the realm by the same time, nor in times of the any other time of the year, any nets called stalkers nor other nets nor Year. engines whatsoever they be, by the which the frie or the breed of the 4 Inst. 51. salmons lampreys or any other fish may in any wise be taken or destroyed There shall be upon the pain aforesaid: And also where it is contained in the same no Devices statute that all the waters in which salmons be taken within the realm, practised whereshall be put in defence as to the taking of salmons from the Day of the by the Frie of Nativity of Our Lady until St. Martin's Day: it is ordained and assented, Fish shall be that the waters of Lone Wyre Mersee Rybbyl and all other waters in the destroyed. county of Lancaster be put in defence as to the taking of salmons from What Time of Michaelmas day to the Purification of Our Lady and in no other time of the Year the the year, because that salmons be not seasonable in the said waters in the time aforesaid. And in the parts where such rivers be, there shall be assigned and sworn good and sufficient conservators of this statute as it is ordained in the said statute of Westminster, and that they shall punish the offenders after the pain contained in the same statute without any favour thereof to be shewed. St. 17 R. 2. c. 9. [ No. V. ] 17 Richard II. c. 9. Anno Dom. 1393.-Justices of the Peace shall be Conservators of the Statutes made touching Salmons. Rivers in the Item, WHERE it is contained in the Statute of Westminster the Second, 17 Richard II. that young salmons shall not be taken nor destroyed by nets or c. 9. by other engines at the stanks of mills, from the midst of April till the St. 13. Ed. 1. Nativity of St. John the Baptist, upon a certain pain limited in the same St. 1. c. 47. statute: and whereas by a statute made the thirteenth year of the King St. 13. R. 2. that now is, it was ordained that the said Statute of Westminster the Se- St. 1. c. 19. cond should be firmly holden and kept, joyning to the same that young salmons should not be taken at the mills stanks or elsewhere upon the said pain: And that no fisher nor garthman, nor none other of what estate or condition that he were, should not put from henceforth in the waters of Thamis Humber Ouse Trent nor none other water of the realm Stalkers nor by the same time, nor by none other time of the year, any nets called other Nets shall stalkers nor other nets or engines whatsoever, whereby the frie or breed be used to Deof salmons lampreys or of any other fish whatsoever may in any wise be stroy the Frie taken or destroyed upon the pain aforesaid: And also it was rehearsed in or Breed of the said statute made the said thirteenth year, that where it is contained Fish. in the same Statute of Westminster that all the waters in which salmons be taken in the realm shall be put in defence as to the taking of salmons from the Day of the Nativity of Our Lady till St. Martin's Day: it was ordained and assented in the said statute made in the said thirteenth year that the waters of Lone Wire Mersee Ribbil and all other waters in the county of Lancaster should be put in defence as to the taking of salmons from the Day of St. Michael till the Day of the Purification of Our Lady and in none other time of the year, because that salmons be seasonable in the said waters by the time aforesaid : and that in the parts where such rivers be, good and sufficient conservators of the said statute made the No. V. 17 Rich. II. c. 9. said thirteenth year should be assigned and sworn as it was ordained in the Statute of Westminster, and that they should punish the offenders upon the pain contained in the same Statute of Westminster without shewing any favour thereof: which statutes have not been hitherto duly executed for default of good conservators, as our said Lord the King hath The Justices of perceived by complaint to him made in this present Parliament: where the Peace shall fore it is accorded and assented that the justices of the peace of all the be Conservators counties of England, shall be conservators of the said statutes in the counof the Statutes ties where they be justices; and that they and every of them at all times of 13 Ed. I.c.47. when they may attend shall survey the offences and defaults attempted against the statutes aforesaid. And also shall survey and search all the wears in such rivers that they shall not be very straight for the destruction of such fry and brood but of reasonable wideness after the old assise used or accustomed: and that the same justices or any of them which shall find default or abuse against the statutes aforesaid, shall make due punishment of them which be found in default after the contents of the Under-conser- same statute. And that the same justices shall put good and sufficient vators appointed under-conservators of the same statutes under them, which shall be sworn by the Justices. to make like surveying search and punishment without any favour thereof and 13 R. II. . 19. to be shewed. And moreover that the same justices in their sessions shall inquire as well by their office as at the information of the underconservators aforesaid, of all trespasses misprisons and defaults made against any of the points aforesaid, and shall cause them which be thereof indicted to come before them; and if they be thereof convict they shall have imprisonment and make fine after the discretion of the same justices. And if the same be at the information of any of the under-conservators aforesaid, the same under-conservator shall have half of the same fine. And forasmuch as it is granted to the citizens of London by the King's progenitors, that they may remove and take away all the wears in the waters of Thamis and Medeway, and that they shall have the punishments thereof pertaining to the King: our said Lord the King in this present Parliament by the assent aforesaid hath granted, that the mayor or warden of London for the time being shall have the conservation of the statutes aforesaid: and shall make thereof due execution and like punishment as afore is ordained of the justices of the peace in the said waters of Thamis from the bridge of Staines to London and from thence over the same water and in the said water of Medeway as far as it is granted to the said citizens as afore is said. 2 Hen. VI. c. 15. [ No. VI. ] 2 Henry VI. c. 15. Anno Dom. 1423.-No Man shall fasten Nets to any Thing over Rivers. Item, IT is ordained, That the standing of nets and engines called trinks and all other nets which be and were wont to be fastened and hanged continually day and night by a certain time in the year to great posts boats and ancres overthwart the river Thames and other rivers of the realm, which standing is a cause of as great and more destruction of the brood and fry of fish and disturbance of the common passage of vessels as be the wears kydels or any other engines, be wholly defended The Penalty of for ever. And that every person that setteth or fastneth them hereafter those which do to such posts boats and ancres or the like thing continually to stand as fasten Trinks or before is said, and be duly thereof by the course of the law convict, shall other Nets over forfeit to the King 100 shillings at every time that he is so proved in any River. default. Provided always, That it shall be lawful to the possessors of the In what Sort said trinks if they be of assise to fish with them in all seasonable times, Owners of drawing and pulling them by hand as other fishers do with other nets, Trinks may and not fastening or tacking the said nets to posts boats and ancres conFish with them. tinually to stand as afore is said. Saving always to every of the King's liege people their right title and inheritance in their fishings in the said water. [No. VII. ] 31 Henry VIII. c. 2. A. D. 1539.-An Act No. VII. that Fishing in any several Pond or Mote, with an In- 31 H. VIN. tent to steal Fish out of the same, is Felony. WHEREAS divers and many of the lords knights esquires gentlemen c. 2. c. 2. and other the King's subjects within this his realm at their great 31 Hen. VIII. costs and charges have caused to be made within their several grounds · many ponds stews and motes and stored them with divers kinds of fishes as pikes bremes carps tenches and other fishes whereof they have thought to have had great commodity as well for the pleasure of their friends as for their own commodity and profit towards the necessary <finding of their houses, divers and many light and unreasonable persons of this realm, being of no good rule nor honesty little or nothing regarding God the fear of their Sovereign Lord the King's highness nor his laws, have not only fished the said ponds stews and motes as well by night as by day with nets hooks and baits of divers sorts but also with great number of misruled persons have entered into such grounds ⚫ and there with great violence have broken up the heads of the same ponds stews and motes and destroyed and taken the fish of the said ponds stews and motes to the great displeasure and losses of the owners of the said ponds stews and motes and contrary to all good reason right a Pond to take Fish, shall be This Section Felony. ⚫ and conscience: Wherefore be it enacted by the King our Sovereign All Fishing with Lord, with the assent of the Lords Spiritual and Temporal and the Com- Nets, &c. with mons in this present Parliament assembled, and by the authority of the Intent to steal same, That as well all manner of fishings with any nets hooks or baits Fish in the of what kind soever they be in any several pond stew or mote, with an Night, or breakintent to steal fish out of the same, done or committed at any time after ing the Head of the Feast of the Nativity of St. John Baptist next coming, that is to say in the thirty-first year of the reign of our said Sovereign Lord, from the hour of six in the even-tide unto the hour of six in the morning, against the wills and minds of the owners or possessioners of such ponds repealed by stews or motes, as also the unlawful breaking up of the head of any 1 Ed. 6. c. 12. several pond stew or mote by day or by night after the said Feast without 1 M. s. 1. c. 1. colour of title so to do, whereby any fish of the same pond stew or mote is taken or destroyed against the will or mind of the owner or possessioner of the same, be to all intents deemed taken and adjudged felony; and that those persons so offending shall have and suffer all such pains of death and punishments as other felons ought to have and suffer for felony by the course of the laws of this realm. II. And also be it further enacted by the authority aforesaid, That if Punishment of any such evil-disposed persons after the Feast before limited do fish in Persons fishing the day-time at any other time than is before rehearsed, in any such in Day-time. several ponds stews or motes with any manner of nets hooks or baits as is aforesaid what kind soever they be of, against the will pleasure and inind of the owners or possessors of the same several ponds stews or motes, not having any manner of colour of title so to do, and thereof be lawfully convict at the suit of our Sovereign Lord the King or the party grieved, that then the said parties so convicted shall suffer imprisonment by the space of three months, and after the said three months expired shall find sufficient surety for his or their good abering, or else to remain still in prison without bail or mainprize unto such time he or they can find such surety. [ No. VIII. ] 1 Eliz. c. 17.-An Act for the Preservation of Spawn and Fry of Fish. 1 Eliz. c. 17. FOR the preservation hereafter of spawn fry and young breed of eeles No Person shall salmons pikes and of all other fish which heretofore hath been much take the Spawn destroyed in rivers and streams salt and fresh within this realm in so or Fry of any much that in divers places they feed swine and dogs with the fry and Fish. spawn of fish and otherwise (lamentable and horrible to be reported) 13-Edw. 1. No. VIII. 1 Eliz. c. 17. None shall take Of what Length that shall be Of what Mesh be. destroy the same to the great hinderance and decay of the commonwealth; Be it therefore enacted by the Queen's most excellent Majesty, the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by the authority of the same, That no person or persons of what estate degree or condition soever he or they be from. and after the first day of June next coming, within any manner of net. weele but taining kepper lime crele raw fagnet trolnet trimenet trimbote staltbote weblister seur lammet, or with any device or engine made of. hair wool line or canvass, or shall use any heling net or trim-boat, or by. any other device engine cawtel wayes or means whatsoever heretofore made or devised or hereafter to be made or devised, shall take and kill. any young brood spawn or fry of eeles salmon pike or pikerel, or of any. other fish in any floudgate pipe at the tail of a mill weare or in any straits, streams brooks rivers fresh or salt within this realm of England Wales. Berwick or the Marches thereof; nor shall from and after the first day of June next coming by any of the ways and means aforesaid or otherwise in any river or place above specified, take and kill any salinons or trowts not being in season being kepper salmons or kepper trowts shedder salmons or shedder trowts. II. And be it further enacted by the authority aforesaid, That no person or persons, of what estate degree or condition he or they shall be of, from and after the said first day of June by any of the means aforesaid, in any of the rivers or places above-named shall take and kill any pike or pikerel not being in length ten inches or more; nor any salmon not being in length sixteen inches and more; nor any trowt not being in length eight inches or more; nor any barbel not being in length twelve inches or more. III. And to the intent the said young fry brood or spawn may be preeach Net shall served according to the true meaning hereof, Be it further enacted by the authority aforesaid, That no manner of person or persons from and after the first day of June next coming shall fish or take fish with any manner of net tramell kepe wore hivie crele or by any other engine device ways or means whatsoever, in any river or other places above mentioned but only with net or tramell, whereof every mesh or mask shall be two inches and a half broad, angling excepted. What Nets or other Devices may be used for the taking of small Fish. The Penalty of What Persons shall have Authority to inquire of and determine the Offences aforesaid, and who shall have the Forfeitures. IV. Provided nevertheless, and be it enacted by authority aforesaid, That in all such places where smelts loches minneis bulheads gudgeons or eeles have been used to be taken and killed, that in all such places it shall be lawful only for the taking of smelts loches minneis gudgeons and eeles to use such nets lepes and other engines devices ways and means as heretofore have been used for the taking of the same; so that such person or persons using or occupying such nets or other engines as is last afore-mentioned do not take kill or destroy any other fish with the said nets or engines contrary to the tenour and form above in this statute contained. V. And be it further enacted, That if any person or persons after the above said day limited in this present Act offend in any of the points before rehearsed contrary to the tenour form and purpose of any part of the same, that then every such person and persons so offending shall lose and forfeit for every time of his or their offence the sum of twenty shillings and the fish so taken contrary to the tenour hereof, and also the unlawful nets engines devices and instruments whatsoever they be wherewith or whereby such offence shall fortune to be made committed or done. VI. And to the intent that a perfect execution may be had of this present Act, be it further ordained by authority aforesaid, That the Lord Admiral of England and the Mayor of the city of London for the time being and all and every other person and persons bodies politick and corporate which by grant or other lawful ways or means lawfully have or ought to have any conservation or preservation of any rivers streams or water or punishments and corrections of offences committed in any of them, shall have full power and authority by virtue of this Act to inquire of all the offences to be committed and done contrary to the effect and true meaning of this Act within his or their such lawful rule government No. VIII. jurisdiction and conservancy by the oaths of twelve men or more, and to hear and determine all and every the same offences committed within 1 Eliz. c. 17. his or their such jurisdiction conservancy rule and government. VII. And that all such pains and forfeitures as shall rise or grow by the reason of any such conviction for any the offences aforesaid shall be to the use of every of the said person and persons, being no body politick or corporate nor head of any body politick or corporate, before whom such conviction as is aforesaid shall be had, and to the use of every such body: politick and corporate as heretofore have lawfully had any fines forfeitures and amerciaments for any offence lawfully committed or done in any such their jurisdiction or conservances upon conviction had before the head of any such body politick or corporate. VIII. And that also the lord of every leet within this realm of England and Wales or the dominions of the same shall have full power and au-, thority to inquire of all the offences contrary to the purport tenour and form of this estatute within the precinct of their said leet; such inquiry to be had in manner and form and after such sort 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 such presentment had in any court or leet by the oath of twelve men or more as is aforesaid, of any offence or offences made contrary to the tenour of this estatute: that then all such forfeitures above in this estatute limited and appointed for such offence shall be unto the lord of the said leet for the time being to his own use for ever, and shall be levied in such manner and form as amerciaments for affrays committed within the precinct of such leet have been used and accustomed to be levied. X. And if any leet after the said first day of June be kept within this The Forfeiture realm of England or Wales or the dominions thereof, and the steward of of the Steward the said leet for the time being or other for him do not charge the jury of a Leet, that sworn in such leet to inquire of all the offences done within the precinct doth not give of the said leet contrary to the tenour and form of this estatute; that this Statute in then the steward of the said leet to lose and forfeit forty shillings; the charge. one moiety of which forfeitures shall be to the Queen's Majesty her heirs and successors, and the other moiety to him that will sue for the same. And if any jury sworn in any leet and being charged to inquire of the offences committed within the precinct of that leet do wilfully and willingly conceal and make default in presentment or do not present the offence and offenders; that then it shall be lawful to the steward or baily The Forfeitnre of the leet or his or their deputy for the time being to impanel one other of a Jury in a jury within the said leet, and to inquire of such concealment default or Leet, that doth non-presentment, and that upon such concealment default or non-pre- conceal any Ofsentment found and presented every of the said jurors which so did con- fence. ceal make default or not present shall lose and forfeit for every such offence twenty shillings to the lord of the said leet, the same to be levied in manner and form as is aforesaid for the other offences limited and expressed. XI. And it is further enacted by authority aforesaid, That if the offences Who may pu above-mentioned, touching the taking killing or destroying of fish or fry'nish the said Ofand spawn, be not presented at the leet where they shall be committed fences, if they within one year next after the offence committed, that the justices of peace be not presented in their sessions justices of oyer and determiner and justices of assize in in the Leet. their several circuits shall have full power and authority to inquire thereof and to hear and determine all the offences committed contrary to the tenour of this estatute. XII. Saving always to all and every person or persons bodies politick A Saving of the and corporate and every of them all such right title interest claim privi- Liberties of all lege and conservation and inquiry and punishment of and for any the Persons having offences aforesaid as they or any of them lawfully have and enjoy or of Right to inquire right ought to have and enjoy by any manner of means; any thing in this of and punish Act to the contrary notwithstanding. This Act to endure to the end of the said Ofthe next Parliament. (Continued, see below.) fences. |