without the same it can be no Forest And also it behoueth that euery forest haue a Courte which is called the Court of Swanimote for a Courte of Swanimote is incident to euery Forest A Courte of Swanimote is incident to a Forest and also the courte of Attachementes euen as a Courte of Pipowders is incident to a Faier And yet there are diuers places within this Realme that are called Forestes and they haue the names of Forestes and yet they haue not vsed to kéepe any Courte of Swanimote but such Forestes do not séeme to be Forestes in déede but they are rather Chases then Forestes For it cannot be a Forest vnlesse the same haue both a Court of Attachementes also a Courte of Swanimote beloning to the same The King may make a Forest in the landes or Woodes of any other man as it apeareth in the foresaid Red booke of the Exchequer in these words nec interest cuius sunt nemora siue Regis side Rigni siue procerum Who by the Comon Lawe may make a Forest AMongest the learned in the Lawes of the this Realme it hath béene alwayes holden for a generall oppinion that by the comon lawe the King may make a Forest in all Woodes or Places wheresoeuer he will within this Realme aswell within the Woodes or landes of his Subiects as within the Kings owne demesne Woodes or landes as is aforesaide and no other person may make a Forest but the King only And yet there is no doubt but that a noble man or a common person may haue a Forest by especiall graunt from the King or Prince vnder the great Seale of England As the Ducke of Northfoke in times past had A comon person may haue a Forest by the graunt of the King And also the Lord of Burgaâ—eny had a forest in Sussex called the Forest of Saint Leonardes Also the Duke of Buckingham had diuers forestes as the forestes of Brecknock Haye and Cantselly and others which notwithstanding that they were in their hands being subiects yet they were Forests still A Forest is a Franches of such noble princely pleasure incident onely to the royal dignitie of a Prince that therefore no person can make a Forest but the King onely But yet a common person may haue a Forest by graunt from the King as it doth appeare by the reciâ—all of the Statute of 22. E. 4 ca. 7. For at the time of the making of that Statute diuers persons had Forestes besides the King and of the nature of Forests And so there are diuers noble men at this day that haue Forests of their owne by the graunt of the King or Prince made to them or to some of their auncestours and if any affender be found offending in any of those places that are such forestes then they shal be punished for the same offence according to the lawes of the Forest acording to the qualitie of their offence It seemeth that in times past there were diuers Forestes in Wales Exactions by the owners of Forestes in Wales Strange customes concerning forests in Wales 27. H. 8. ca. 7. which although they were in the hands of Lords noble men yet the owners of them had by the graunt of the King Iura legalia by reason whereof those owners of such Forests and their officers did vse such extreame dealing towardes the people of the countrey that diuers great misdemeanors and ryots did thereby ensue besides that they had such lawes exactions and straunge customes in those places as it doth appeare by the recytall of the Statute of 27. of H. 8. ca. 7. that the same act was made of purpose to reforme and take away the same Wales was a Principalitie of it selfe And the reason why the Lawes and customrs of Forests in Wales did so much differ froÌ„ the Lawes of the Forest in England is as it seemeth because that some time Wales was a iurisdiction of it self before that the same was vnited and annexed to this Realme by the Statute of An. 27. H. 8. ca. 26. And before that time they haue had Princes of them selues The Queenes Maiestie hath a royal Prerogatiue to make a Forest which haue had authoritie to make Forestes and Lawes also concerning the same which is contrary to the lawes of this Realme now For at this day no man can make a Forest in England but the Queenes most excellent Maiestie because her highnesse hath that Soueraignetie royall Prerogatiue reserued onely to her selfe For as it is proued by the opinion of Master Treherne in his reading vpon the Statute of Carta de Foresta the King of Skottes TreherneÌ„ in his reading fo 3. although that he be a King or Prince in his owne countrye yet he neither may make a Forest nor yet haue a Forest in England without the especial graunt of the King or Queene of England because in that respect he is but a subiect himselfe neither hath he any Prerogatiue or soueraignetie in this land to make a Forest or to haue any Forest here except the same be by the especial grant of her Maiestie And this much concerning these two points Who may haue a Forest who may make a Forest by the comon lawes of this realm at this day Now at is to be seene what difference there is betweene a Forest Chase Warren and Parke The differeÌ„ce betweene a Forest a Chase The officers of the Forest The wood moâ—e court The Swanimote court The difference betweene the beastes of the Forest and the beastes of the Chase The beastes of the Forest are called Siluestres The beastes of the Chase are called Campestres THe difference betweene a Forest a Chase is that a Forest hath keepers Foresters Verderors Regarders Agisters Woodwards other officers also a Court of Attachementes which the old Foresters do call The Wood-mote a Court of Swanymote and a Chase hath only Keepers or a Keeper no court of Attachements nor court of Swanimote nor other officers as a Forest hath The diffence betweene the beasts of the forest the beasts of the Chase is said to be this that the beastes of the Forest are tantum siluestres and the beasts of the Chase are Campestres tantum for the beasts of the Forest do make their abode all the day time in the great Couerts secreat places in the woods and in the night season they do repaire into the lawnes pastures pleasant feedings for their foode reliefe and therefore they are called Siluestres that is to say of the wood or beasts that do haunt the woods And the beasts of the Chase they do make their abode all the day time in the feeldes vpon the Hilles or high Mountaines where they may sée round about them who doth sturre or come neare them And in the night season when euery bodie is at rest all is quiet then they do repaire vnto the corne feelds
A BREFE COLLECTION of the Lawes of the Forest Collected and gathered together aswell out of the Statutes Common Lawes of this Realme as also out of sundrie auncient Presidents and Records concerning matters of the Forest With an Abridgement of all the principall Cases Iudgements Entres contained in the Assises of the Forestes of Pickering and of Lancaster By Iohn Manwood of Lyncolnes Inne Studient in the Lawes of this Realme The Preface to the matter THE auncient Lawes of this Realme hauing always had a speciall regard vnto the continuall studie care that Kings and Princes haue in great and waightie affaires of matters of Common weale for the good of their Subiectes whereby they are often times wearyed with the toyle of the same and in respect thereof the same lawes haue giuen vnto them diuers royall prerogatiues of most noble and princely pleasures to recreate themselues withal to put away from them the remembrance of their laboursome toyle Amongst which prerogatiues the royall prerogatiue of the libertie of a Forest is not the least For a Forest both is and hath beene alwayes accompted a franchese of such noble and Princely pleasure that it is not incident vnto any subiect of this Ralme to haue the same but onely vnto the Crowne and royall dignitie of a Prince And therefore there haue beene alwayes certain particular lawes differing from the Common Lawes of this Realme that were onely proper vnto a Forest belonging to the same for the continuance of it And it doth seeme that Forestes haue beene of long time and that they are very auncient things although peraduenture not in that nature that they are now vsed heere in this Realme of England For it doth appeare that there were Forestes yea euen in the verie tyme of king Dauid King Dauid in his 50. Psalm ver 10. For he saith in his 50. Psalme these wordes O Lord I neede not to offer vnto thee burnt Sacrifices of beastes for all the wilde beastes of the Forest are thine and so are the Cattell vpon a thowsand Hilles Then Ergo there were Forestes of wilde beastes in his time And it doth also appeare by sundry auncient Histories as in Concordantia Historiarum others Concordantia Historiar that Forestes haue beene alwayes in this Realme from the first tyme that the same was inhabited Gurguntius And also you may read there that Gurguntius the sonne of Belyn being a king of this lande did make certaine Forestes for his delight and pleasure in Wilshire and so haue diuers other kings also since his tyme in other places meete for that purpose VVhich Forestes the Kings and Princes of this Realme haue alwayes mayntained and preserued with diuers Priuileges and Lawes appertaining to the same for places of pleasure and delight for their recreation And if it did happen that any offenders did enter into those priuileged plaâ— that they did any trespas therein then they were punished with verie â—â—rp Lawes punishments according to the lawes that then were in force which were sharply executed which lawes were then altogether vncertaine and the offenders were punished at the Kings will pleasure not by any law certaine and those lawes punishments were duely executed continued by the Kings of this Realme Canutus a Dane was king here in England in Anno Domini 1016. vntil that Canutus a Dane came to be king of this land which was about the yeare of our Lord 1016. who taking as great delight felicitie in Forestes as other most noble Princes of this Realme had done before his time He for the better preseruation maintening of those priuileged places of pleasure did establish certaine Lawes and Canons onely concerning Forests which Lawes I haue here placed first of all in this hooke for although that they haue beene raked vp a long time in the Embers of obliuion yet they are worthie to be remembred againe And because that they are the most auncientest lawes that I can find concerning Forestes therfore I haue placed them first of all before any others to th end that those that shall read this booke may both see know what lawes there were in the beginning concerning Forestes and how they haue altered changed from time to time and to that end I haue here set downe all the Statuts concerning Forestes that haue beene made since the time of the making of the said lawes because that it may thereby appeare the more plainly how any one of them hath abrogated another or any part thereof by reason whereof that which is lawe and in force at this day may the more easier be decerned and knowen It appeareth by the Lawes of Canutus the Dane king in his Canon the 30. that before his time all wild beastes birdes were onely the kings and that no other person might kill or hurt them Canutus Canon 30. For the king by his royall Prerogatiue his right and priuilege was such in England that all such things that none of his subiects could challenge any propertie in they were then said to be the Kings as wilde beastes byrds such like in whose lands or woods soeuer they were found Wherefore the same king made this law Volo vt omnis liber homo pro libito suo habeat venerem siue viridem in planis suis super terras suas sine Chacea tamen et deuitent omnes meam vbicunque eam habere voluero which is that from hencefoorth I will saith the king that euery free man may take his own Vert Venerie or hunting that he can gett vpon his owne ground or in his owne feelds being out of my Chase And let all men refraine from my Venery in euery place where I will haue the same The booke of the Lawes of Saint Edward the Confessor And also it appeareth in the booke of S. Edward the confessor which booke is the verie roote and originall ground of all the auncient Lawes of England that the same king Edward the confessor did confirme the same Law in these vordes Volo vt omnis homo sit venatione sua dignus in nemora campo dominico suo abstineat omnis homo a venarijs meis vbicunque pacem eos habere volo super penam vitae And so it appeareth that both the said kings did graunt and make this Law that after that time it should be lawfull for euery subiect to enioye the benefite of his owne hunting that he could any way take in his owne lande or in his owne woods or feeldes so that euery man should refraine from hunting the kings wilde beastes in his owne Forests and priuileged places for them vpon paine of the losse of life of such an offender William the Conqueror Which Lawes William the Conqueror did afterwards in his time confirme as it doth appeare in the said booke of the said Lawes chap. 47. And also he did continue the samae all his life
the Lawes of the Forest doth saie that there be fiue wilde beastes that are accompted beastes of the Forest that is to saie There are fiue beastes that are beastes of the Forest And there are also fiue beasts that are beasts of Chase the Harte the Hynde the Hare the Wolfe and the Boare and there are also fiue other wilde beastes that are accompted beastes of the chase that is to saie the Bucke and the Dooe the Fox the Martron and the Rooe these also the old Foresters were wont to call the beastes of the Forest and the beastes of chase And it doth appeare by the auncient Lawes of the Forest made by King Canutus in his Canon the 27. that all the wilde beastes that do liue within the Forest are not acompted beastes of Forest Canutus lawes of the Forest Canon 27. but only remaine of them for the wordes are these Sunt inter alia preter feras Forestâ—e bestiae quae dum c. By which it doth appeare that there are diuers wilde beastes remaining in the Forest that are not properly beastes of the Forest in déede and yet it is not lawfull for any person to kill them for the killing hunting or hurting of them in the Forest is Fractio Regalis Chaceae Fractio regalis Chaceae which by the Lawes of the Forest is punishable as hereafter it shall be shewed The olde Foresters do accompt that Connyes are not at all belonging to the Wood for that they haue animam reuertendi a minde of returning againe and therefore they are not of such nature as the other wilde beastes are but yet it is not lawfull for anye person to kill them within the Forest without the Kings licence Wilde Bulles nor wild Kine are not now in euery Forest nor scant in any Forest in this Realme and wilde Wolfes being enimies to the common wealth are not to be suffered in any place as heretofore they haue so that they are at this daie all destroyed and not remayning in any Forest in this Lande The manner howe a Forest is made is this WHen the Prince is minded to make a Forest in any place that is méete for the same then the King may graunt out a commission vnder his great Seale of England How a Forest is made directed to certaine discréete persons appoynted for his grace for that purpose thereby commaunding them to view perambulate and also to meere and bounde the place where the King will haue the same Forest to be made And when they haue so executed his graces commaundement according to the tenor thereof The King is to haue a Forest by matter of record and the same being once returned and certified of record into his high Court of Chancery accordingly Proclimation therevpon openly made thorow out all the Shyre within the which the same Forest is so made that after that time no person shall hunte or chase any manner of wilde beastes within the precinctes or boundes of the same place so returned and certified of recorde as is aforesaide without the Kings especiall licence for the same Which said perambulation Proclamation and certificat of the méetes bounds of the same péece of grounde being once returned and the King intituled to the same by matter of recorde doth make the same a Forest whose land or grounde soeuer the same be where the same Forest is so made For it is at the libertie and pleasure of the King to reserue the wilde beasts the game to him selfe for his only pleasure and delight in such Priuiledged places where he will haue a firme peace appoynted for them And in the very like manner a writ may go out of the Chauncery to the Shirife of the Shire to inquire what place is most conuenient to make a Forest in Here you may note that euery Forest must haue bounds as it doth appeare in Assisa Forestae articulo 18. and these bounds being once by matter of Record they are the Kings for Omnes Metae Forestae sunt integre Domini Regi and therefore no man can or maye take them away And so euery man may by search know the true limits and bounds of euery Forest And the like of the Purlew for the same was once Forest and afterwarde disafforested which is done by matter of Record also whervpon the Shirife shal charge an inquest to inquire of the certaintie of the place the bounds thereof to put the same in writing then to certifie it into the Chauncery and when the king is thereof a certained by matter of recorde he may send to the Shirife by letters pattents that he shall then cause it to be proclaimed in the Kings name that the place which he hath so certified shall from hence foorth be a Forest and that all persons shall refraine from hunting or chasing of any of the wilde beastes within the boundes of the same And also that the game therein shall be reserued for the pleasure and disporte of the King and his nobles only The King is to haue euery thing by matter of Record The comaundement of the King by word only doth not make the land of his subiects a Forest In the Kings owne lands no man maye hunt And that doth make the same a Forest and if the same be made in any other maner then is aforesaide then it is no Forest for the King ought to haue those matters by matters of recorde and not otherwise For if the King commaunde by worde only that no person shall chase or hunte in certaine groundes of his Subiects owne landes any wilde beasts of venery this doth not make the same a Forest neither shall any person be punished for hunting of wilde beastes of venerie in his owne landes for such a commaundement by worde only by the Lawes of the Forest as if the same were a Forest in déed where such a person did so hunt but yet it is otherwise where the same grounde doth belong to the King only as his owne demesne landes Also if the King do make such a commaundement by matter of recorde as is before declared Euery Forest must haue wylde beastes of necessitie yet the same is not a Forest before that wilde beastes of Venerie be therein for if there be no wilde beastes of the Wood in it the grounde is in the same nature that it was before and the same is not altered What is incident to a Forest Also before that it can be a profitable Forest it behoueth that the King do appoynt certaine nesessarie and méete officers for to take charge of the same as Verderors Foresters Regardors Woodwardes Agistors and such like And before that such officers be appoynted What officers do belong to a Forest it is not a profitable Forest for the King for these officers must haue the charge of the Vert of Venison for the preseruation of it Of which two things a Forest doth chiefly concisle and
incontinently deliuer such persons indicted to mainprise without taking any thing then the plaintife shall haue a writ out of the Chauncery to the shirife to attach the said warden to be before the king at a certaine day to aunswerer wherefore he hath not repleuied him that is so taken And the Shirife the verderors being claled to him shall deliuer him that is so taken by good mainprise in the presence of the verderors and shall deliuer the names of the mainpernors to the same Verderors to answere in the eire of the Iustices And if the chiefe warden be therof attainted the plaintife shall recouer his treble dammages and the said Warden to be committed to prison and raunsomed at the kings will And from hencefoorth it shal be written to them as to the chiefe Wardens of the forest because they may not be Iustices nor to haue any Record Anno 1. E. 3. cap. 8. Stat. 1. 25 No forester nor kéeper of forest or chase nor none other minister shall make or gather sustenance nor none other gathering of vitailes nor other thing by colour of their office against any mans will within their bailiwike nor without but that that is due of auncient right Anno. 25. E. 3. cap. 7. Stat. 5. 26 No maner of Iurie shall be from henceforth compelled by any minister of the forest to trauell from place to place out of the places where their charge is giuen to them against their grée nor by malyce nor by manace The verdict to be giuen vp where the charge is giuen them or other duresse constrained to say their verdict of a trespas done in the Forest otherwise than their conscience will cleerely informe them but they shall say their verdicts vpon their charge in the places where the charge is giuen them as aboue is saide Anno. 7. R. 2. cap. 3. 27 That no man be taken nor prisoned by any minister of the forest without due indictment or by manouerie or trespassing in the forest or els wher nor shal not be constrained to make any obligation or raunsome to any minister of the forest by any maner against their grée and the assise of the forest And if any do against this ordinance in any point and thereof be attainted he shall pay to the partie damnified their double dammages and fine and raunsome to the king for his offence Anno. 7. R. 2. cap. 4. 28 From henceforth all and euery the Iustice and Iustices of the kings forestes parkes chases within this realme Note that by the common law the Iustice of the forest is a Iudicial office and therefore he could not make a deputie to execute the same office before this statute which now be or hereafter shall be by their writing sealed with the seale of their office shall make assigne depute and appoint as many deputie or deputies for the exercising of the same office of the Iustice or Iustices of the forests as to such Iustice or Iustices from time to time shal be thought conuenient which deputie and deputies so appointed shall haue like power and authoritie to do and execute all things concerning the kings forestes parkes and chases and all other things concerning the office and offices of the Iustice of the forests to all intents and purposes But it seemeth that the office of the chiefe warden of the forest is no Iudiciall office because the writt of Homine replegiando is by the Statute of An. 1. E. 3. ca. 8. before here 24. to be directed to him And further if his office were a Iudicial place he could not make deputies as he doth to execute the same and in as large and ample manner and forme as the same Iustice or Iustices might or may lawfully doe or execute by the lawes of this realm and as though the same Iustice or Iustices were there personally present in his or their owne person or persons Anno. 32. H. 8. cap. 35. 27 Euery man that hath wood within the Forest may take the same wood without being attached by any officer of the Forest Anno. 1. E. cap. 2. so that he do it by the view of the Foresters Anno. 1. Ed. 3. cap. 2. Statut. 2. A man may hedge in or fence his wood and maintaine keepe the same in the Forest by this statute Nota per cest statute que vn auter person que le royne poit auer vn Forest per la comon ley Nota que cest statute fuit in le negatiue del comen ley ergo le comen ley fuit contrarie deuant ceo If any of the Quéenes Subiects hauing woods of his owne growing in his owne ground within any Forest Chase or Purliew of the same within this Realme of Englande shall cut or cause to be cut the same wood or part thereof by licence of the Queene or of her heires in her Forestes Chases or Purlewes or without licence in the Forest Chase or Purliewes of any other person or make any sale of the same wood it shal be lawfull to the same Subiect owner of the same ground whereupon the wood so cut did growe and to other such persons to whome such wood shall be solde Imediately after the wood so cut to coppie inclose the same ground with sufficient hedges able to kéepe out all maner beastes and cattell out of the same ground for the preseruing of their yong springs and the said hedges so made the said Subiects may kéepe them continually by the space of seuen yeares next after the same inclosing and repaire and sustaine the same as often as it shall néed within the same seuen yeares without sewing of any other licence of the Quéene or of her heires or other persons or any of their officers of the same Forestes Chases and Purliewes Anno. 22. E. 4. cap. 7. The Statute for the drift of the Forestes and what beastes are not to be suffered to common in the wast soyle of the Forest NO commons or commoners within any forest chase more marish hethe common or wast ground nor any officer or officers of or within any of the said forestes or chases nor any other person or persons whatsoeuer he or they be at any time after the last day of March which shal be in the yeare of our Lord God a thousond fiue hundred thrée fourty shall haue or put to pasture into or vpō any such ground forest chase more marish heth common or wast ground any stoned horse or horses being aboue the age of two yeare and not being of the altitude and height of fiftene handfulles to be measured from the lowest part of the houe of the forefoote vnto the highest part of the wither and euery handfull to containe iiii inches of the standerd to pasture feede or be in or vpon any of the said forestes chases commons moores marishes hethes or wast groundes within any of the shiers and territories of Norff. Suff. Cambridge Buck. Huntington Essex Rent Southampshyre Northwilshyre
Oxford Bark Worcester Gloucester Somerset Northwales Southwales Bedford Warwyke Northampton Yorkeshire Cheshire Staffordshire the countie of the citie of Yorke the towne and liberties of Glocester the countie of the towne of kingstone vpon Hul the county Palantine of Lancaster the countie of Salop. Leicester Hereford Lincolne or within any of them nor shall put to feed or pasture any stoned horse or horses being aboue the saide age of two yeares and not being of the altitude and height of fourteene handfull to be measured as is aboue said within or vpon any like ground or groundes as ben aboue written liyng or being within any other shier of this Realme nor within any of them vpon payne of forfeiture of the said horse or horses which shal be founde in or vpon any such grounde forest chase moore marish hethe common or wast ground It shal be lawfull for the finder of such to seise them at any time after the said last day of March which shal be in the said yere of our Lord God a thousand fiue hundred and three and fourty contrary to the fourme of this estatute And it shal be lawfull to euery person and persons that shall finde any such horse or horses contrarie to the fourme of this estatute to seise the same in maner and fourme folowing that is to say the said person or persons so finding any horse or horses contrary to this act in any forest chase common moore marish Keeper or other officers of the Forest to help the findes hethe or wast ground within the said shires or other limittes aforesaid or in any of thē shal first go vnto the kéeper or kéepers of the same forest or chase or to his deputie or deputis or to the cōstable bailif hedborough bursholder or tithing man of any towneship next adioyning vnto the saide place where the said horse or horses shal be Such Horses or Mares to be driuen to the Pound and there to be measured in the presence of three honest persons And shall commaund or require him or them or any of them in the kings behalfe to goe with him or them to bring euery such horse or horses as he or they shall thinke to be there feeding and goyng contrary to this estatute to the next pound there the said horse and horses to be measured by any of the same officer or officers in the presence of three other honest men to bee named and appoynted by the said officer and if it so be found that the same horse or horses be contrary to this acte It shal be lawfull to retaine them to his owne vse that then it shal be lawfull to euery such person and persons that shal so challenge and cease the said hors or horses as before is said to take and retaine the same hors or horses and euery of them to his owne vse as his owne proper goodes cattells for euer without let interupcion vexation suite or trouble of the owner or owners of them or any of them or of any other person or persons The said keepers nor other officers shall not refuse to measure them And it is further enacted by the authoritie aboue saide that if any of the said kepers their deputy or deputies Baylyfs Constables Hedborough Bursholders or Tythyng men or any of the said three other honest men which shal be required to be at the measuring of the saide horse or horses as is before said do refuse to do as is aforesaid or els do not truely measure such horse and horses that then euery such bayliffe keeper deputy or deputies constable hedborough bursholder tithingman and the said thrée honest persons to be named as is aforesaid and euery of them not doyng and refusing to doe his or their duety in the premisses shall forfait and lose xl.s. for euery time so refusing to do or not doing as is a foresaid the one halfe therof to be to the king and the other halfe thereof to be to the party that will sue c. in which accion none essoygne c. Prouided alway that this acte shall not extende to any stoned horse or horses that shall happen once in any yeare after the sayde last day of March to breake escape or goe out of any seuerall pasture or grounde against the will and minde of the owner or possessour of such horse or horses into any of the saide foresters chaces moores marishes hethes commons or wast groundes so that the said horse or horses so breaking escaping or goyng out doe not remayne or abide in the saide forest chaces moores marishes heathes commons or waste groundes or any of them by the space of foure dayes next after sufficient and open notice and knowledge giuen at the dwelling house of the owner of the saide horse or horses or after open publication thereof made vpon a Sunday The maner forme how the forest shall be driuen and that is yearely at the feast of S. Michael or other festiual day in the parish church where the owner or possessour of such hors doe dwell And be it c. that all forestes chaces commons moores marishes heathes and wast groundes within this realme of England and Wales and the marches of the same and euery of them shal be driuen at the feast of S. Michael tharchangell next comming or within xv dayes than next after and so yearely to be driuen by the Lords owners or possessours of the saide forestes chaces or by the officers of the same and by the constables hedboroughes bailiffes bursholders and tything men within whose offices and precincts and limittes Forf for not driuing of the forest the commons moores marishes hethes and wast groundes being out of the forestes and chaces be or lie vpō payne of xl.s. to be forfaited to our said soueraigne Lord the king by euery of the said officers baylifes cōstables hedboroughes burshelders tything-men as often at euery time as the said drift shal be omitted or left vndone or not effctually done within xv dayes after the said feast of S. Michaell tharchangell as is a foresaide And it shall also be lawfull to the said Lordes owners and possessioners of the said forestes chaces by their officers of the same and by the constables bailifes hedhoroughs bursholders and tithing men The drift of the forest is to be made as often as the officers shall thinke mee and euery of them within the limits of their offices to make like drift of the said forests chaces commons moores marishes hethes and wast grounde at any other season time of the yeare whansoeuer and as often as they shall thinke meete and conuenient And furthermore be it enacted that if in any of the said drifts there shal be foūd any Mare fili fole or gelding that thē shal be thought not to be able nor like to growe to be able to beare foles of resonable stature or not able nor like to grow to be able