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' | <head> LARCENY. — [Place] Quality {Manner] DEER.</head> <p> 9. H.3.c.10 <foreign>Charta de Foresta</foreign> — The Punishment <add> for taking of <foreign><hi rend="underline"><unclear>Venatos</unclear> </hi></foreign> translated in one place Deer<lb/> & in another Venison.</add> of Death and Mutilation are taken away<lb/> and in the room are substituted 1<hi rend="superscript">st</hi> <gap/> 2d<hi rend="superscript">ly</hi> the default of suffering, Imprisonment<lb/> for a year and a day, with sureties at the expiration: & in default of sureties<lb/> <unclear>injuration</unclear>.</p> <p><note> // The meaning of the word Venato<lb/> must be settled <del>on</del> <add> in event of</add> a prosecution<lb/> on this Statute which is still<lb/> in force; as also, whether if it<lb/> be more extensive than the word<lb/> Deer in the Translation, that<lb/> word once used out of twice<lb/> would be <sic>holden</sic> to confine it.</note></p> <!-- pencil line across the margin --> <p>2<lb/> By S.Ed.1.c.20 The Punishment for Trespass in Parks <add> without any further qualification, <sic>agreeably</sic> to the inaccurate general of <gap/></add> [& Ponds] is <del>made</del> <add>augmented to</add> 3 years<lb/>Imprisonment, <add>together with</add> Fine art the expiration if he hath wherewithal, & in either case <gap/><lb/> or in default, Abjuration: <del>in case of slight; and want of</del> <add> if the Offender <gap/> and has not sufficient Land</add> sufficient Land "whereby<lb/> he may be justified", Outlawry, after proclamation <add> being made</add> from county to County<lb/> For "taking <hi rend="underline">Farm | ||
</hi> Beats or other thing in manner of Robbery" the same as by<lb/> Common Law for "open Theft & Robbery." <hi rend="superscript">+</hi> <lb/> <note> + And the circumstance of value is <gap/><lb/> combined with both.</p> <p><note>the circumstances from which occasion<lb/> has been taken to make variation<lb/> in the Punishment are reducible<lb/> to <gap/> 1<hi rend="superscript">st</hi> <gap/> Nature of the Goods.<lb/> under which head that [place comes incidentally in <gap/><lb/> consideration.<lb/>2 The Place from whence they are taken<lb/> These are the grand & principal<lb/> But others incidentally</note></p> <p><note> Provision <gap/. concerning Prosecution.</note></p> <p><note> By 1.Ed.3. Stat. 2<hi rend="superscript">d</hi>c.8. Other<lb/> Provisions concerning Prosecution</note></p> <p> By c.H.7.7. <del>on Information of</del> The Punishment for "<del> the <gap/></del> Hunting with<lb/> <gap/><lb/> <gap/>, Visors, or otherwise disguised to the intent they should not be known, <hi rend="underline">or</hi> of unlawful<lb/> Hunting in <gap/> of Night," is <add> [hereafter]</add> the same as for Felony.</p> <p> There is a singular clause preceding this, whereby a person so hunting being open handed<lb/> in consequence of an Information before aby of the King's Counsel or a Justice<lb/> of Peace, is to suffer as for Felony "if he <sic>wilfully</sic> conceal the said <sic>Huntings</sic> or any<lb/> person with him defective therein", <del>but is</del> <add> being <del>a</del></add> only to <add>be</add> <gap/>" as for "Trespass" "if he <gap/><lb/> "the truth & all that he shall be examined of & <sic>knoweth</sic> on that behalf." — This<lb/> seems to be temporary <add> —</add> & retrospective, for else <add> now otherwise</add> it would be contradicted by the <gap/><lb/> post mentioned — The whole Statute is so confused & contradictory, that honourable<lb/> doubts might be started concerning it.</p> <p><note> <add><del>Statutes</del></add> Offences <gap/> — by <sic>Statt.</sic> <lb/> 13.Ric.2<hi rend="superscript">d</hi>.13 <del><gap/></del> to destroy deer &<lb/> 19.H7c.11. Backstalls & stalking.<lb/> 3<hi rend="superscript">d</hi>.J.1.13.§§5. Backstalls &c</note></p> <p><note> It is a <del>reflection</del> <add>question</dd> that occurs obviously<lb/> enough from the comparison of this<lb/> with the <gap/> of Ed. 1<hi rend="superscript">st</hi> — If the <gap/><lb/> <del><gap/></del> <add>denounced</add> by the Culture were thought to serve<lb/>why was it not repeated? <add> to be carried into execution</add> if not severe<lb/> enough; to what purpose <gap/> off to these<lb/> weaker ones? This Anticlimax is<lb/> very frequent among <del>as</del> Statutes.</p> <p>4. Place<lb/> <del>By 19.H.7 c.<gap/></del> By 5<hi rend="superscript">th</hi> Ch.c.21 — <del>For</del> If any person, "in manner <add>therein</add> aforesaid [in the P<gap/><lb/> shall <del>wrongfully</del> unlawfully <del><gap/></del> enter into any park <gap/>, or any other several <gap/><lb/> closed with Wall, Path or Hedge, and used for the keeping & cherishing of Deer, & <hi rend="underline">so</hi> wrong<lb/> hunt or drive or chase out or take kill or slay any deer within" the same — the <unclear>Penalty</unclear><lb/> is — <add> 5th damages, <del>as together with costs by 7.J.1.c.13. or else by Pounds at the election of the party grieved</add> three months imprisonment. Sureties for 7 years releasable by the <lb/> party grieved or to be discharged by the Court, satisfaction having been made to the party,<lb/> on declaration of repentance.</p> <p> The 3<hi rend="superscript">rd</hi> .J.1.13 after <del>taking notice</del> <ad> making an observation +</add> <note> + §§1 </note> that the Act of <sic>Eliz.</sic> did not extend to Park<lb/> since enclosed, for which there seems no foundation, proceeds to enact // <note>// §§2.</note> in the very same <gap/><lb/> with the only differences of <add> leaving out the word <hi rend="underline">so</hi> </add> <del>inserting "Coins" after</del> "<del>deer</del>", & <add> inserting costs</add> "Costs" after "Damages" <del>together</del></p> <p> THEFT Deer [1][</p> | |||
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LARCENY. — [Place] Quality {Manner] DEER.
9. H.3.c.10 Charta de Foresta — The Punishment for taking of Venatos translated in one place Deer
& in another Venison. of Death and Mutilation are taken away
and in the room are substituted 1st 2dly the default of suffering, Imprisonment
for a year and a day, with sureties at the expiration: & in default of sureties
injuration.
// The meaning of the word Venato
must be settled on in event of a prosecution
on this Statute which is still
in force; as also, whether if it
be more extensive than the word
Deer in the Translation, that
word once used out of twice
would be holden to confine it.
2
By S.Ed.1.c.20 The Punishment for Trespass in Parks without any further qualification, agreeably to the inaccurate general of [& Ponds] is made augmented to 3 years
Imprisonment, together with Fine art the expiration if he hath wherewithal, & in either case
or in default, Abjuration: in case of slight; and want of if the Offender and has not sufficient Land sufficient Land "whereby
he may be justified", Outlawry, after proclamation being made from county to County
For "taking Farm
Beats or other thing in manner of Robbery" the same as by
Common Law for "open Theft & Robbery." +
+ And the circumstance of value is
combined with both.
<note>the circumstances from which occasion
has been taken to make variation
in the Punishment are reducible
to 1st Nature of the Goods.
under which head that [place comes incidentally in
consideration.
2 The Place from whence they are taken
These are the grand & principal
But others incidentally
Provision <gap/. concerning Prosecution.
By 1.Ed.3. Stat. 2dc.8. Other
Provisions concerning Prosecution
By c.H.7.7. on Information of The Punishment for " the Hunting with
, Visors, or otherwise disguised to the intent they should not be known, or of unlawful
Hunting in of Night," is [hereafter] the same as for Felony.
There is a singular clause preceding this, whereby a person so hunting being open handed
in consequence of an Information before aby of the King's Counsel or a Justice
of Peace, is to suffer as for Felony "if he wilfully conceal the said Huntings or any
person with him defective therein", but is being a only to be " as for "Trespass" "if he
"the truth & all that he shall be examined of & knoweth on that behalf." — This
seems to be temporary — & retrospective, for else now otherwise it would be contradicted by the
post mentioned — The whole Statute is so confused & contradictory, that honourable
doubts might be started concerning it.
Statutes Offences — by Statt.
13.Ric.2d.13 to destroy deer &
19.H7c.11. Backstalls & stalking.
3d.J.1.13.§§5. Backstalls &c
It is a reflection question that occurs obviously
enough from the comparison of this
with the of Ed. 1st — If the
<add>denounced by the Culture were thought to serve
why was it not repeated? to be carried into execution if not severe
enough; to what purpose off to these
weaker ones? This Anticlimax is
very frequent among as Statutes.
4. Place
By 19.H.7 c. By 5th Ch.c.21 — For If any person, "in manner therein aforesaid [in the P
shall wrongfully unlawfully enter into any park , or any other several
closed with Wall, Path or Hedge, and used for the keeping & cherishing of Deer, & so wrong
hunt or drive or chase out or take kill or slay any deer within" the same — the Penalty
is — 5th damages, as together with costs by 7.J.1.c.13. or else by Pounds at the election of the party grieved three months imprisonment. Sureties for 7 years releasable by the
party grieved or to be discharged by the Court, satisfaction having been made to the party,
on declaration of repentance.
The 3rd .J.1.13 after taking notice <ad> making an observation +</add> <note> + §§1 that the Act of Eliz. did not extend to Park
since enclosed, for which there seems no foundation, proceeds to enact // // §§2. in the very same
with the only differences of leaving out the word so inserting "Coins" after "deer", & inserting costs "Costs" after "Damages" together
THEFT Deer [1][
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