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A15832 A treatise conteining divers benefits and priuiledges, and the power and authoritie granted to the patentee, who hath his Maiesties licence or grant of charter warren vnder the great seale of England Collected out of diuers of the lawes and statutes of this kingdome, and viewed and allowed by Sir Henry Yelverton knight, his Maiesties Atturney Generall, for all those who take the graunt. To be deliuered to them at the office thereof, kept at the house of Sir Henry Breton knight, one of the commisioners for making of the said graunts, in Drury Lane. Yelverton, Henry, Sir, 1566-1629. 1617 (1617) STC 26093; ESTC S102800 8,100 16

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A TREATISE CONTEINING DIVERS Benefits and Priuiledges and the power and authoritie granted to the Patentee who hath his Maiesties Licence or Grant of Charter Warren vnder the great Seale of England ¶ Collected out of diuers of the Lawes and Statutes of this Kingdome and viewed and allowed by Sir HENRY YELVERTON Knight his Maiesties Atturney Generall for all those who take the Graunt ¶ To be deliuered to them at the Office thereof kept at the house of Sir HENRY BRETON Knight one of the Commissioners for making of the said Graunts in DRVRY Lane Anno Dom. 1617. ¶ 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 Co. 7. ●o 16 Volatilia enim quae sunt ferae naturae alia sunt regalia alia cōmunia sic aquatiliu A Swan is a