Preservation of Woods Act 1543

JurisdictionUK Non-devolved
Citation1543 c. 17,35 Hen. 8 c. 17
Year1543
Statutes made at Westminster, Anno 35 Hen VIII. and Anno Dom.1543. The Bill for the Preservation of Woods.

(35 Hen. 8) C A P. XVII.

'T H E King our Sovereign Lord perceiving and right well knowing the great Decay of Timber and Woods universally within this his Realm ofEngland to be such, that unless speedy Remedy in that Behalf be provided, there is great and manifest Likelihood of Scarcity and Lack, as well of Timber for building, making, repairing and maintaining of Houses and Ships, and also for Fewel and Fire-wood, for the necessary Relief of the whole Commonalty of this his said Realm:' (2) Wherefore be it ordained and enacted by his Highness, with the Assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliamentassembled, and by the Authority of the same, That in and upon all and singular several Woods, commonly called Coppice Woods or Under-woods, which from or after the Feast ofSt. Michael the Archangel, which shall be in the Year of our Lord God 1544, shall be felled at twenty-four Years growing or under, there shall be left standing and unfelled, for every Acre of Wood that shall be felled within the said Coppice, twelve Standils or Storers of Oak; (3) and if there be not so many Standils or Storers of Oak there, that then there shall be left so many of other Kind, that is to say, of Elm, Ash, Asp or Beech, as shall make up the said Number of twelve Standils or Storers, likely to prove and to be Timber-trees; (4) the same Standils or Storers to be of such Standils or Storers, as have been left there standing at any the felling of the same Coppice Woods or Under-woods, in Times past; and in case there be no such Standils or Storers there standing, which were there left at the last felling of the same Coppice or Under-woods, then the same Standils or Storers there to be left, shall be left at this now next felling of the said Coppice Woods or Under-woods, of such most likeliest Oaks, and if there be not sufficient of Oaks, then of the most likeliest Elms, Ash, Asp or Beech, to prove and to be Timber Trees, as shall grow within any such several Woods, Coppice or Under-woods, (5) and that the same Standils or Storers so left, shall be preferred, and not felled or cut down, till they and every of them shall be of ten Inches square within three Foot of the Ground; (6) upon Pain that every Owner of every such Standils and Storers having an Estate of Inheritance, or an Estate for Term of Life of Freehold, or by Copy of Court Roll, or for Years, in the Ground or Soil where the same Standils or Storers shall grow, causing or commanding any such Coppice Woods or Under-woods to be felled or cut down, and not leaving the said Standils or Storers there standing in Form aforesaid, to lose and forfeit for every Standil and Storer so not left standing in the said Coppice Woods or Under-woods, iij. s. iv. d. (7) and upon Pain that every Owner, as is aforesaid, of any such Coppice Woods or Under-woods, causing or commanding any of the said Standils or Storers, so lest as is abovesaid, to be cut down, contrary to the Form of this Act, to forfeit and lose for every of the said Standils or Storers which shall be so cut down, iij. s. iv. d. (8) the one Half of which said Forfeitures to be to the King our Sovereign Lord, and the other Half to be to the Party that will sue for the same in any Court of Record by Action of Debt, Bill, Plaint or Information, in the which Action, Bill, Plaint and Information, no Protection, Wager of Law nor Essoin shall be admitted or allowed.

S-II Woods preserved of or under fourteen Years Growth.

II Woods preserved of or under fourteen Years Growth.

II. And be it further enacted by the Authority aforesaid, That all and singular Coppice and Under-woods, which after the said Feast of SaintMichael the Archangel shall happen to be felled or cut down at the Age of fourteen Years Growth or under, and not being above the said Age, from and after the twentieth Day of April next after the Felling thereof, during the Term of four Years then next ensuing, shall be sufficiently enclosed, or the Springsthereof otherwise saved and preserved from Destruction by any Manner of Cattle or Beasts, by him or them which then shall have lawful Interest and Possession in the said Woods, Coppice or Under-woods, as is aforesaid; (2) upon Pain of every Person or Persons so bounden to enclose, fence, save or preserve the said Coppice or Under-woods, to forfeit and lose for every Rood thereof so not enclosed, fenced, saved or preserved during the said four Years,iij. s. iv. d. for every Month that the same Coppice or Under-woods shall happen to lie or be unclosed; not fenced, saved or Preserved, as is aforesaid: (3)And that all and singular Coppice or Under-woods, which after the said Feast of SaintMichael the Archangel shall happen to be felled or cut down, being above the Age of fourteen Years Growth, and not above the Age of four and twenty Years Growth, from the twentieth Day of April next after the Felling or Cutting down thereof, during the Term of six Years then next ensuing the same twentieth Day of , shall be sufficiently enclosed, or the Springs thereof otherwise saved and preserved from the Destruction thereof by any manner of Cattle or Beasts, by and at the Costs of such which then shall have lawful Interest and Possession in the said Woods or Coppice, as is beforesaid; (4)upon Pain of every Person or Persons so bounden to enclose, fence, save or preserve the said Coppice or Under-woods as is aforesaid, to forfeit and lose for every Rood so not enclosed, fenced, saved or preserved during the said six Years,iij. s. iv. d. for every Month that the same Coppice or Under woods shall happen to lie or be unclosed, and not fenced, saved or preserved as aforesaid.

S-III No Woods shall be converted to Tillage or Pasture.

III No Woods shall be converted to Tillage or Pasture.

III. And be it further enacted by the Authority aforesaid, That no Person or Persons, after the said Feast of SaintMichael the Archangel, shall convert or turn into Pasture or Tillage any such Coppice or Under-woods, containing in Quantity two Acres or above, which now be Wood or Under-wood, and put or reserved to the Use or Encrease of Wood or Under-wood, and being two Furlong distant from the House of the Owner thereof, or from the House whereunto the said Wood doth lie, appertain or belong, (2) upon Pain to forfeit and lose for every Acre of Wood so to be converted or turned from Wood into Pasture or Tillage, xl. s.

S-IV

IV. Provided alway, That this Act shall not extend to any Coppice Woods or Under-woods, destroyed or turned into Tillage or Pasture within twenty Years last past, although the more Part of any Part thereof be now overgrown with Bushes or Under-wood.

S-V Woods above twenty four Years Growth, how to be felled.

V Woods above twenty four Years Growth, how to be felled.

V. And be it further enacted by the Authority aforesaid, That all and every Person and Persons, Bodies Politick and Corporate, which have or hereafter shall have any several Woods or Coppice growing and set with great Trees being above the Age of twenty-four Years growth shall, at the felling or weeding thereof, leave standing within the Precinct of the said Wood and Coppice, for every Acre so felled, twelve Trees of Oak of the same such great Trees, if there be so many Trees of Oak there to be left, and for lack of Oaks, then to leave for every Acre so felled as many other Trees of Elm, Ash, Beech or Asp, as shall make the full Number of twelve of such as shall be then there growing; (2) the same Trees there so left, to stand, continue and to be preserved by such Owner or Owners, as is abovesaid, during the Space of twenty Years next after such Felling of the same Woods; (3)and also shall from the twentieth Day ofApril next after the felling thereof, during the Term of seven Years then next following, sufficiently enclose them, or the Springs thereof otherwise save and preserve from the Destruction thereof by any manner of Cattle or Beasts; (4)upon Pain that every such...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT