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
of the crime Or els he did thrust his arme vp to the shoulder into a lead Copper or Caldren of seething water from whence if he withdrew the same without any manner of damage he was discharged of farder molestation otherwise he was taken for a trespasser punished accordingly The Fiery manner of purgation belonged only to noble men and women and such as were free borne but the husbandmen Villaines were tried by water The praiers cerimonies holy vestures masses and all things that were vsed in the execution thereof you may see at large in Hollandshed his description of Brittaine fol. 98. 99. 100. In what time Canutus made these Lawee THis Canutus was King of England in the yeare of our Lorde 1018. and William the Conqueror was King of England in the yeare of our Lord 1067. which is by computation iust 49. yeares before the Conquest that these Lawes were made The antiquitie of Forest Lawes which also is nowe in this yeare of our Lorde 1592. iust 574 yeares since the making of these Lawes of King Canutus which is verie auncient and yet it doth seeme that Forestes themselues are much more auncienter than these Lawes are For it doth appear that Forestes were long before Christ his time as the Scripture doth testifie in the second booke of Kinges Cap. 19. The antiquitie of Forestes ver 23. in these words I will go into the lodgings of his borders and into the Forest of his Carmell And also in the second booke of Kings Cap. 2. vers 24. in these wordes Two Beares came out of the Forest and tare in peeces 42 children that mocked Elisha by which words of the Scripture it doth not onely appeare that there were Forests then but also it doth manifest vnto vs what manner of wild beastes were in those Forests at that time as Beares and such like And in the 104 Psalme of Dauid vers 20 in these words Thou makest darknes and it is night wherein all the beasts of the Forest creepe foorth And in the 131 Psalm vers 6. in these wordes Lo wee heard of it at Euphrates found it in the Fields of the Forest so that you may see that there were places of refuge for wilde beastes to abide in The signification of this word Forest euen at that time which places of Refuge for wilde beastes were and yet are called Forests that is co say where wilde beasts of Venery may haue a place of firme peace for rest OMnes forestae quas H. auus nr ' afforestauit videantur per bonos leg homines si boscum aliquem aliud quam suum dominicum afforestauerit ad damnum illius cuius boscus ille fuerit statim deafforestetur Et si boscum suum proprium afforestauerit remaneat foresta salua communia de herbagio alijs in eadem foresta illis qui prius eam habere consueuerunt Carta de foresta ca. 2. 2 Homines vero qui manent extra forestam non veniant de cetero coram Iustic nostris de foresta per communes summonitiones nisi sint implacitat ' vel plegij alicuius vel aliquorum qui attachiati sunt propter forestam Carta de foresta ca. 3. 3 Omnes autem bosci qui fuerunt afforestati per regem Richardum auunculum nostrum vel per regem Iohannem patrem nostrum vsque ad primam coronationem nostram statim deafforestantur nisi sit dominicus boscus noster Carta de foresta cap. 4. 4 Archiepiscopi Episcopi Abbates Priores comites Barones milites libere tenentes qui habent boscos suos in Forestis habeant boscos suossicut eos habuerunt tempore primae coronationis regis Hen. aui nostri ita quod quieti sunt imperpetuuÌ„ de omnibus purpresturis vastis assertis factis in illis boscis post illud tempus vsque ad principium secundi anni coronationis nostrae Et qui de cetero vastum purpresturam vel assertam sine licentia nostra in illis fecerint de vastis purprestur assertis nobis respondeant Carta de foresta cap. 5. 5 Regardatores nostri eiant per forestam ad faciend'regardum sicut fieri consueuit tempore prime coronationis regis H. aui nostri non aliter Carta de foresta cap. 6. 6 Inquisitio vel visus de expeditatione canum existentium in foresta nostra de cetero fiat quando fieri debet regardum scilicet de tertio anno in tertium annum tunc fiat per visum testimoniuÌ„ leg hominuÌ„ et non aliter Et ille cuius canis inuentus fuerit tunc non expeditatus det pro miÌ„a tres solidos et de cetero nullus bos capiatur pro expeditione canum Talis autem expeditatio fiat per assisam comuniter vsitatam vz quod tres ortelli abcindantur sine pellota de pede anteriori Nec expeditent ' canes de cetero nisi in locis vbi consueuerunt expeditari tempore primo coronationis pÌ„dicti reges Henrici aui nostri Car. de Fo. cap. 7. 7 Nullus forestarius vel bedellus de cetero faciat scotalas vel eolligat herbas vel auenam vel bladum aliquod vel agnos vel porcellos nec aliquaÌ„ collectam faciat nifi per visum et sacruÌ„ xij regardatoruÌ„ quando facient regarduÌ„ Tot Forestarij ponantur ad forestas custodiend quot ad illas custodiend rationabiliter viderint sufficere Carta de Foresta cap. 8. 8 Nullum Swanimotum de cetero teneat ' in regno nostro nisi ter in anno vz in principio xv dierum ante festum sancte Michaelis qn'agistatores nostri conueniuntad agistâ—nd dominicos boscos nostros circa festum sancti Martini in hyeme qn ' agistatores nostri debent recepere pannagium nostruÌ„ Et ad îsta duo swanimota conueniant forestarij viridarij et agistatores et nulli alij per districtionem Et tertium swanimotum teneatur initio .xv. dierum ante festum sancti Iohannis Baptiste quando agistatoris nostri conueniunt pro venatione bestiaruÌ„ nostrar ' Et ad illud swanimotum tenend conuenient forestarij viridarij non alij per districtionem Preterea singulis xl diebus per totum annum conueniant forestar ' viridarij ad vidend attachiamenta de foresta tam de viridi quam de venatione per presentationem ipsorum forestariorum et coram ipsis attachiat ' Predcta autem swanimota non teneantur nisi in comÌ„ in quibus teneri consueuerunt Carta de Foresta ca. 6. 9 Vnusquisque liber homo agistet boscum suum in Foresta oro voluntate sua habeat pannagium suum Concedimus Etiam quod vnusquisque liber homo ducere possit porcos suos per dominicuÌ„ boscuÌ„ nostruÌ„ libere et sine impedimento ad agistand eos in boscis suis proprijs vel alibi vbi voluer ' Et si porci alicuius liberi hominis vna noct
not a Freeman then he shal be imprisoned but if he be a bondman then he shal lose his life 26 My Bishops Abbottes and Barons shall not be accused for hunting if they do not kill wild beastes that be Roial beastes but if they doe kill Roiall beastes of the Forest then they shall depend vpon the King for his determination of that matter without any certaine fine 27 Besides the wilde beastes of the Forest there are other wilde beastes which so long as they are remaining within the bandes and limittes of the Forest they are subiect to the punishment of the Lawes of the Forest such are wild Gotes Hares and Conies And there are also diuers other wilde beastes which although they do liue and remaine within the bounds and limits of the Forest are subiect to the charge burthen of the Regarders of the Forest yet they cannot be accounted or takē to be of the Forest such are wilde Horses Bugalls wilde Kine and such like Foxes and Wolfes are not accounted beastes of the Forest nor of Venerie and therefore the killing of them is not subiect to any recōpence for the same yet notwithstanding if they be killed within the boundes of the Forest it is a breach of the Kings Roiall free chase and for that cause the offendor must make a recompence but a wilde Beare although he be of the Forest yet he is not accustomed to be accounted a beast of Venerie 28 No man shal laie his hande to our great Wood or vnderwood within our demeanes without licence of our verderors or cheefemen of the Forest the which if any man shall doe the contrarie he shal be gilty of the breach of the Kinges Roial frée chase 29 But if any man shall cut downe a Holly Trée within the Forest or any other Tree which doth beare frute or foode for the wilde beastes of the Forest he shall paie vnto the King twentie shillings for amendes or recompence ouer and besides the breach of the Kinges Roial free chase 30 I will that euery freeman may take Vert and Venison at his owne pleasure vpon his owne ground in his owne Plaines or Fildes being without my free chase but euery man must refraine from my Venery wheresoeuer I will haue the same 31 None of the meane men shall haue or keepe any Doggs which Englishmen doe call Grey-hounds but it is Lawfull for a freeman to haue and keepe Grey-hounds when they are hoxed that is to say that they shall haue their knees cut before a Verderor of the Forest And it is Lawfull for freemen to keepe Grey-hounds without cutting of their knees when they doe dwell without the Forest and from the bounds of the Forest ten miles distant but when they doe come nearer to the Forest then ten miles they must paie a recompence vnto the King for euery mile a shilling But when those Grey-hounds be founde within the bounds of the Forest the owner of the Dogg shall forfeit both the same Dogg and also ten shillings to the King 32 But it shal be lawful for euery bodie to keepe little Dogs called Velters that is to saie little houndes which Englishmen doe cal Langeran without cutting of their knees because it doth manifestly appeare that there is no danger of them and the same is of little dogges called Spanels which Englishmen doe call Ramhundt but this is ment of those that are so little that they may sit in a mans lapp 33 If that such doggs by misfortune doe become madd or wilde and do runne about euery where by the negligence of their maister and doe become vnlawfull then the owner of the same doggs shall paie a recompence to the King for their vnlawfulnes If that they be founde within the boundes of the Forest such a maister must be sought out and he must paie a recompence to the King for the same according to the valewe of a meane man which according to the auncient Lawe is ten poundes 34 If a greedy rauening dogg shall bite a wild beast then the owner of the same dogg shall yeeld a recompence to the King for the same according to the valew of a freeman which is twelue times a hundred shillings If a Roial beast shall be bitten then the owner of the dogg shal be gilty of the greatest offence And note that in the aforesaide Canon the Eleuenth there is mention made of Purgatio ignis which manner of triall by Fier I thinke is very darke to many that almost haue neuer heard of it for that it is nowe long since the same was in any great vse in this Land of England and yet it doth séeme by diuers Auncient writers Holanshed in his description of Britaine fol. 98. that in times past it was a commen vsage to trye men whether they were gilty of any offence or not by the Ordalian Lawes as it doth appeare by Holanshed his Chronacle in the description of Brittaine Fo 98. in a side Columb the first in fine ibidem where it is written thus as it followeth THE Ordalian Lawe saith the aforesaid Author was a certaine manner of Purgation vsed two wayes Vide Grafton pag. 180 That Emma the mother of King Edward the Confessor was accused of the death of her sonne for which shee was adiudged by Robert Byshop of Caunterburie to her tryall by the Ordalyan Lawes and so shee was ledd blyndfold between two men to passe ouer 9. Plough-shares which were glowing redd hote and as Chronicles do report shee did passe ouer them barefooted without hurt before shee thought shee had beene come to them Whereof the one was by Fier the other by Water In the Execution of that which was done by Fier the partie accused should goe a certaine number of paces with an hote peece of Iron in his hande or els bare footed vppon certaine Plough-shares redd here according to the manner This Iron was some time of one pound weight and then was it called Single ordalium some times of three and then was it named Treble ordalium And whosoeuer did beare or tread on the same without hurt of his bodie he was adiudged giltlesse otherwise if his skinne were scorched he was forthwith condemned as guilty of the trespasse wherof he was accused There were in like sort two kindes of triall by the Water Note that these Lawes were long before the Conquest and did continue vntil the time of King Iohn and then he did banish them as Polidor Virgil Holanshed Supplimentum Cronicorum do witnesse that is to say either by hott or cold and in this triall the party thought culpable was either tombled into some Pond or huge vessell of cold water wherein if he continued for a season without wrestling or strugling for life he was foorthwith aquited as giltlesse of the fact whereof he was accused but if he began to plunge and labour once for breath immediatly vpon his falling into that liquor he was by and by condemned as guilty
c. et que le keepers ont garde le deere et le boys per idem tempus Et que del second iour de Iulii tanque le xiiii iour de mesme le mois 22. sauages fueront tues per persons disconus in negligence le pleintife Et hoc c. Yong Per negligence del officer lannuitie et loffice est extinct Et per Choke Iustice si Seneschall ne tient les courts ou ne eux tient pur le profit del seignior cest forfeiture de son office Newton Iustice Parker nē tenus de gard le parke chescun iour ne demaine iour ne festiuall iours mes serra al deuine seruice ne in le nuit ne degarder ceo contra vi ou viii hōes car vltra posse Et garden de prison que permit wilfull escape cest est forfeiture de son office mes escape in le nuite nest que negligence del officer quere inde Arderne plus est in le plee que ne besoigne s adire que les keepers ont garde le deere le boys in le parke Car ceo est intend en le ley Et tenetur quod neglexit custodire nest bon issue Car neglexit est adinier Yong il non custodiuit parcum per 12 dies vt supra Danby cest est le meliour pleading Et nota que est communiment dit quod quel ley est de Parker mesme le ley est de forester del vn forest Et in Anno quinto Edwardi quarti fol. 5. Anno 5. E 4. fo 5. Br. forfecture 55. Le case fuit aiudge que si Parker ne gard le parke tali die per que le deere sont occise per persons disconus ceo est forfeiture de son office pur ceo fuit le negligence del keeper del parke Et semble mesme le ley del forester del forest car il ad mesme le charge del dames come parker ad in son parke Et in Anno 11. H. 4. fol. 1. fuit tenus per Vauisour An. 11. E 4. fo 1. Br. forfecture 61. non attendance sur office per lofficer est forfeiture Et idem de fesans contrarie a son office Et idem de misfesans de son office que il ne fait droit al parties Et idem sil foit demaund pur vener de faire son office et ne vient et vide tiel matter 20. E 4. fol. 6. 20. E. 4. fo 6. Br. Forfecture 115. que officer que ne voit vener a faire son office forfeitera son office The Lord chiefe Iustice of the Forest hath an absolute authoritie appointed vnto him to determine of offences that are committed and done within the Queene Maiesties Forestes either in Vert or Venison And the same offences are to be determined before him and not before any other Iustices except those that are appointed by her Maiesties Commission vnder the great Seale of England to aide and assist the said Lord chiefe Iustice in that place as it doth appeare by the Statute of Carta de Foresta Cap. 16. in these wordes as followeth Charta de Foresta ca. 16. NVllus Constabularius Castellanus vel balliuus teneat placita de Foresta siue de viridi siue de venatione sed quilibet forestarius de feodo Attachiat placita de foresta tam de viridi quam de venatione et ea presentet viridarijs prouinciarū et cum irotulata fuerint et sub sigillis viridariorum inclusa presententur capitalibus Iusticiarijs nostris de foresta cum in partes illas venerint ad tenendum placita de foresta coram eis terminentur Has autem libertates de forestis concessimus omnibus c. By which words of the statute coram eis terminentur doth exclude any other Iustices to heare and determine the said offences of the Forestes but onely the Lord chiefe Iustice of the Forest and those that are in Commission appointed with him to aid and assist him For the statute is in the negatiue of the common Lawe and doth restraine all other Iustices and saith coram eis terminentur and in that sence the Statute is taken by the learned Iudges of the common Lawe For in Anno. 21. H. 7. fo 22. the case was such Anno. 21. H. 7. fo 22. nota 8. En trespas de malefactoribus in parcis et Count que le defendant intrauit in quandam Forestam et loppinion del court fuit que cest accion ne gist mye si non sit pur mis-fesans in parcis Car le statute de West 1. cap. 20. est cantsolement en Parkes et ceo serra pris stricte Issint le punishment que est done pur male fesans in forestes est punishable per lestatute de Charta de Foresta et nemy en auter maner c. By which case there are two things to be noted that is to saye First that the statute de malefactoribus in parcis doth not extende to a Forest Stat. Westm 1 cap. 20. de malefactor ' in Parcis for that a Forest and a Parke are two distinct things at the common lawe and therefore that statute that was made to reforme iniuries done in the one doth not extend to any hurtes done in the other The second is that by the said case it doth appeare Charta de Foresta ca. 16. that by the construction of the statute of Charta de Foresta made for offenders in the Forests they are to be punished according to the same statute and not in any other manner as it doth there more plainly appeare And in Anno. 21. H. 7. fol. 30. nota 7. 21. H. 7. fo 30. nota 7. the case was as followeth Endictment de occiser de vn Hart proclame troue deuaunt Iustices de peace et lenditement fuit challenge pur ceo que il ne monstre en lendictment en quel lieu le proclamation fuit fait Et auxi il ne monstre en quel lieu il fuit occise car si fuit occise hors del boundes del forest il est loyal a luy de luy occiser fuit dit per seigniour Fineux que il puit pleder cest matter al iurisdiction del court pur ceo que les Iustices del forest determiner cest matter c. By which case there are sixe things especially to be noted 1 First that euery Indictment against any offendor for offences done in the forest must be certaine concerning the thing it selfe for which the offendor is Indited as to shew that it was for killing of a Hart and also to shew where he was proclaimed a Hart. 2 Secondly that it must be certaine concerning the place where the offence was done for that the killing of the Hart within the forest or without the forest doth make the same killing an offence or no offence therefore it must be shewed in the Indictement certaine Et vide le case 12
praedictus prior dicit quod ipse virtute cartarum progenitorum Regis nunc factar ' predecessoribus suis debent agistare in loco praedicto Et petit quod possit admitti ad finem faciend'cum domino Rege pro clameo suo faciendo licet primo die Itineris non fecit Et admittitur ad finem xiij s. iiij d. per plegios A. B. Item if a man do make Charecoales of Brouse wood within the Forest Pickering f. 10 In casu Melsa it is finable And if he will make tytle so to do by prescription and do not make his claime thereunto the first daye of the Iustice seat he shall then answere for the value of the Coales to the king Item it belongeth to the Iustice seat to inquire who ought to repaire bridges decayed within the Forest and to punish the offendors Item a Parson of a Church was indicted for that his doggs were not expeditated or lawed The Priour of Bridlington Parson of Skalby pleaded Ibidem The Parson of Skalbies case fo 11. Magna Charta cap. 1. that by the great Charter of England he was not bound to expeditate his doggs For there was one Article therein Quod Ecclesia Anglicana sit libera habeat omnes libertates suas integras illesas c. And by this plee he was discharged of the Indictment Eborum fo 37. Item there may no man fish in any Ryuer that is aboundarie of a Forest vnlesse he haue warrant Item they are to be indicted that ouerchargeth the Common within the Forest Ibidem fo 11 The Prior of Bridlington fo 12. Item there may no subiect without warrant haue a Vaccarie within the Forest Item a ryding Foster was presented and fyned for that hee was negligent in his office and did oppresse dyuers people in taking of Otes and such like Item if any man do interupt the Verderor or Regarder of the Forest he shall make fyne Item it is also fynable to digg Turffes within the Forest And likewise to take Fesants Partridgess Foules of Warren or other Byrdes within the Forest Item if any man do offende in cutting downe of Vert and after dyeth before presentment made thereof yet in this case the King shal be aunswered for the Trespas by his heires or land tenants per Assisam Forestae Placita Forestae de Pickering coram Iusticiar ' itinerantibus Anno viij domini Regis Edwardi iij. BErnardus de Berghe viridar ' venit et reddidit rotulos suos tam de viride quam de venatione tangent ' istam Forestam c. Guillielmus Ward viridar ' non venit ad Rotulos suos reddideo preceptum est vicecom̄ seisire omnes terras tenementa eius c. Postea venit predictus Guilliellimus et petit admitti ad finem faciendum cum domino Rege pro defalta primi diei et admittitur ad finem dij Marcij et quoad Rotulos suos dicit quod furati fuerunt ab eo per quosdam malefactores et petit quod possit admitti ad sinem faciend'cum domino Rege in hac parte et admittitur pro fine 100. s. Presentatum est per Forestarios et conuictum per viridarios quod Nich ' Meuil alij c. venerunt in forestam istam c. cum arcubus sagittis et leporar ' et ibi ceperunt iij. Ceruos c. Item quod Guillielmus Fishborne est communis malefactor venationis domini vbique in Foresta ista et malefactoribus consentiens c. Compartum est per viridarium Rotulos istius Forestae quod Edmundus Hastings postquam transgressus est de venatione in Foresta ista dimissus fuit coram eis per manucaptor ' c. qui manu ceperunt hadendi eum hic c. primo die itineris qui modo eum non habent c. ideo c. Iohannes Kilmington nuper Custos istius forestae dicit quod praedictae ferae acciderunt in Morina quorum corpora putrida fuerunt suspense super quercos et de hoc vocat recordum Rotulorum Viridariorum c. Ministri Forestae dicunt quod consuetum est ante haec tempora praesentare quolibet tertio anno de canibus non expeditatis Item presentant quod Iohannes de Aslaby cepit infra dominicum quatuor quercus precij iiii d Et dimissus fuit per viridat ' manucaptor ' vsque ad istam Assisam Qui modo non venit c. Ideo ad iudicium de manucaptoribus Et praedictus Iohannes respondeat domino Rege de pretio praedicto Et pro Forisfactur ' eiusdem iiii.s. c. Et quod Humfridus Tober cepit xi quercos virides infra dominicum pretij cuiuslibet j.d. et carriauit illos cum vno plaustro vi Bobis quae appretionetur viz plaustrum ad vj.d. Et Boues ad xvj.s. pretij cuiuslibet ij.s. viij d. vnde tenent ' terrae tenementorum Richardi de S. viridar ' istius Forestae ad cuius manus pertin ' praedictum deuenit respondeant Et similiter pro Forisfactura eiusdem xj.s. Item presentant quod Prior de Maldon cepit ix plaustra spineti in A. infra dominicum pretij ix d Et per viridar ' dimissus fuit per manucaptor ' vsquam ad assisam istam c. Qui modo venit c. et super hoc conuictus oneratur erga dominū Regē de pretio praedicto Et pro forisfactur ' eiusdem ix.s. Item quod Rogerus Scalby cepit vnum viridē quercum c. pretij i.d. vnde tenent ' viridar ' respond'de pretio predicto Et pro forisfactur ' vi d ad quorum manus pretium forisfactur ' predict ' de venerunt Item present ' quod x. Stirkes qui fuerunt Iohannis Rouseby inuenti fuerunt in haia de D. per wardam factam non agistati Qui capti fuerunt tanquam forisfacti per assisam forestae et appretiantur ad xx s Et retraditi per viridarios eidem Iohanui per plegios c. ad dictos Stirkes habendos ad istam assisam Quimodo non venit Ideo ipse in misericordia Et nihil omninus idem Iohannes oneretur de pretio praedicto Ministri Forestae dicunt c. Quod a tempore quo non extat memoriam hominum c. presentatum fuit per Forestarios ad attachiamenta istius forestae de canibus praedictis Abbatis de Riuall c in maner ' suis praedictis non expeditatis fo 16. Ministri Forestae dicūt c. quod cum contigerit quod woodwardus praedict ' Prioris Sancti Iohannis Ierusalem non venet ad attachiament ' Forestae prout alij Woodwardi diuersorum dominorum in foresta veniant Tunc ipse Woodwardus semper consuetus est ibidem Amerciati Et amerciamentum inde ad opus domini Regis leuare sicut de alijs Woodwardis qui non veniunt fuerunt amerciati Ministri Forestae
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
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
man that may dispend fortie shillings by the yeare of frée hold and therefore the same doth take the name of Parlew that is to saie Purlui Word Purlui that is for him and no other person but he that may dispend fortie shillings by the yeare at the least of free holde The King may disaforest any parte of the Forest by his letters Patens Also the King may dissaforest any landes that are aforested by his letters patents as he did to the Abbot of Stratforde for Wale-Wood in Essex within the Forest of Waltham which although the same be nowe at this time Forest yet the same was once no Forest And here note that all such land as is so dissaforested after the dissaforesting of the same then that land or Wood is Purlew Walewood id est Purlui for the same is a Forest still as vnto him that is no Purlew man and the same is Frée Purlui only for him that is a Purlew man What is ment by Purlui Purlieu Puraler there is Purlui Purlieu and Puraler Purlui for him that is to saie only for him to hunt that may dispend fortie shillings by the yeare Purlieu that is to saie The wilde beastes of the Purliew must haue Free returning to the Forest if they can escape for the place so that he must be a Purlew man in the place where he doth hunte or else he is no Purlew man there Puraler that is to say to goe and come so that if a man be a sufficient Purlewman in the same place wher he doth hunt yet he may not forestall or foreset the Deare but he must hunt the wilde beastes so that if they haue a mind of returning to the Forest again they may as the worde is Puraler A case goe home to the Forest againe if they can escape and ouer runne the Grey-houndes being put on after the game The grauntee of the King may haue a Forest with Foresters c. And if the King which hath a Forest with all the incidentes do graunt the same to another man then the grauntée shall haue the same Forest with all the officers and incidentes belōging to the same which connot be seuered as kéepers Foresters Agistors and Woodmen as it appeareth by Maister Treherne in his reading of the Lawes of the Forest fo 4. But quere of Verderors and Regardors A Iustice of the Forest must be made by the King vnder the great Seale of England for they are chosen by the Kings writ But such a grauntée shall not haue Iustices in his Forest saieth Master Treherne for no man can haue a Iustice in his Forest but the King only for such a Iustice must be made by the Kings commission vnder the great Seale of England Before the making of the Statute of Carta de Foresta there was no Lawe certaine for offences committed in Forests for at the beginning the same was at the pleasure and arbitrement of the King to punish the offenders in Forestes The beginning of the Forest Lawes vntill that King Canutus and others did make certaine Canons and Constitutions for the maintenance of Vert and Venison which afterwardes by continuance of time such Constitutions were taken for a lawe and such lawes were not certaine neither The beginning of Forest Lawes before the making of this Statute lawe of Carta de Foresta But the Lawes of the Forest were alwayes differing from the Lawes of this Realme as it dothe appeare in the booke of the Exchequere aforesaid where it is written as followeth Sane Forestarum Lex ratio Libro Rubro Scaccarii pena quoque vel absolutio delinquentium siue pecuniaria fuerit siue corporalis scorsum ab alijs regni iudicijs secernuntur Here you may note that offenders in Forests before the Statute of Carta de Foresta wer punishable at the wil pleasure of the King onely Et solius regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati subiecitur legibus quidem proprijs subsistit quas non Iure communi sed voluntaria principum Institutione subnixas esse debent adeo vt quod per legem eius factum fuerit non Iustum absolute sed Iustum secundum legem Forestae dicatur quia in Forestis penetralia regum sunt eorum maxime deliciae ad has quidem venandi causa curis quandoque depositis accedunt vt modica quiete recreentur illic Serijs simul multis Curiae tumultibus omissis in naturalis libertatis gratiam paulisper respirant vnde sit vt delinquentes in ea soli regie subiaciant animaduersioni which in English is this Truely saith the said Booke the Lawes of the Forest the reason and punishment the Pardon or absolution of the offenders whether the same be pecuniarie or corporall it shal be differing from other Iudgements of the Lawes of the Realme By this it appeareth that the Lord chief Iustice of the Forest hath alwaies bin one of the noble men of this Realme and shal be subiect vnto the Iudgement of the King only to determine at his will and pleasure or of some of dis Nobles thereunto especially appointed for that purpose which foresaid Lawe reason punishment and pardon shall not be tyed to the order of the Common Lawe of this Realme but vnto the voluntarie appointment of the Prince so that the same which by his Lawe in that behalfe shal be appointed or determined shal not be accounted or called absolute Iustice or Lawe but Iustice or Lawe according to the Lawes of the Forestes Because that in the Forestes there are the secrete pleasures and Princely delights of the Kings For Kings and Princes do resort to the Forest for their pleasure of hunting hauing for that time layde asyde all cares to the ende that they might there be refreshed with some quiet being wearyed with the continuall busines of the Court they might as it were breath a whyle for the refreshing of their free libertie And thereupon it commeth to passe that such offenders in Forestes for their offences are subiect vnto the onely Iudgement and determination of the King And so before the making of the Statute of Carta de Foresta and alwayes since vnto this daye the Lawe of the Forest did differ from the Common Lawes of the Realme And by this Statute the Lawes of the Forest which were not certaine before are nowe by the same made certaine in most things And whereas this Statute was defectiue the same hath beene since supplyed by other necessarie Statutes as you may see here before And whereas the wordes before rehearsed are Et solius Regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati It doeth appeare that the Office of the Lorde chiefe Iustice of the Forest is a place both of great honour and of high authoritie and that the same place is to be executed by some great Peere of the Realme that is alwayes one of
by reason whereof the land-tenant doth distraine them and put them in the pound in the same lande as in one pounde and then afterwards the Bedell of the Forest doth finde them there so leuant and cowchant afterwards he may distraine them for that amercement But otherwise it is if those beastes were neuer leuant and cowchant there If the Bedell of the Forest or other officer do break the close or the land that is inclosed with one ditch and a hedge a gate with a lock to it and doth there distraine for such amercement of the same man to whome the land doth belong That distresse is not lawfully taken there But if the gate be vnlocked or the hedge do lye open otherwise it is And otherwise it is if such officers do distraine such beastes in the high way within the Forest out of any close or inclosure And if one be amerced vt supra and after that he is so amerced he doth deliuer his beastes and his goods that he hath so within the Forest to another in pledge or in morgage There the Bedell of the Forest nor other officer cannot afterwards distraine them during the pledge or morgage But otherwise it is where issues are returned vpō the lands of a freeholder within the Forest which hath made default and lost the issues and afterwardes he doth alien that lande there the said Bedel may distrain in that land that is aliened for those Issues that are lost And thus much concerning distresse It were a thing verie necessarie here in this place to shewe of what things distresses may lawfully be made and taken But because that the same is a matter that doth altogether followe the course of the Common Law I will here omit it and referr you to the Register of Writtes in titulo Distresses for that matter The wordes of the Statute aforesaid are Conueniant Forestarij viridarij agistatores It is necessarie nowe here to shewe what a Forester is how he is made what his office is What a Forester is And for that it is to be vnderstood that a Forester is an officer of the Forest of the King or of another man That is sworn to preserue the Vert and Venison of the same Forest and to attend vpon the wilde beastes within his Bailiwike and to attache offenders there either in Vert or Venison and the same to present at the Courtes of the same Forest to the ende that such malefactors may thereby be punished according to the qualitie and quantitie of their offences and trespasses And a Forester of the Kings Forest is made by the King him selfe by his letters Patents vnder the great Seale of England And some such Foresters are foresters in fee and haue the same office to them and to their heires paying vnto the King a certaine fee ferme or rent for the same How a Forester is made Who is a Foester of see as it doth appeare by the Assises of Pickering and Lancaster And there are other some foresters of the King that haue their office but for terme of their life onely And againe there are some foresters of the King that haue their office by Letters Patents from the King vnder the great Seale of England but durante bene placito onely And in like maner it is of other foresters that are not foresters of the King Who are Foresters And those that are seruaunts to such foresters to looke to the Forest and to attend the Deare for them they are not properly called foresters Walkers or vnderkeepers but Walkers or vnderkeepers The oath of a Forester Walker and Vnder-keeper hath beene shewed alreadie before Page 51. The othe of a Forester ante pag. 51. Now it is to be seene what is the office of a Forester And for that it is to be vnderstoode that the whole office of a Forester of the Forest doth concist in these iiii things that is to say To Preserue 1 To Watch. 2 To Attach 3 To Present 4 1 And as concerning the first point which is to preserue It is to be vnderstood The office of a Forester is to preserue that a Forester or Keeper of the Forest must be a speciall preseruatour of the Vert and Venison of the Forest without the which it can be no Forest And therefore such an officer must alwayes haue a vigilant eye to preserue the Couerts of the Forest where the wilde beastes may haue their secret abyding and also the wilde beastes which are beastes of venerie And such an officer may not kil or destroy any of those beastes of Venerie of his owne authoritie without good Warrant for the same for if he do the same is cause of forfeiture of his office And also such an officer must be verie carefull to prouide that the Deare may haue foode in the Winter And for that cause the Law hath prouided that the Forester may lawfully lop Trees in another mans land vpon some speciall occasions for browse to succour the Deare in the Forest withall as it hath beene shewed before Like wise euery good Forester must be carefull for the looking vnto his Deare in the fence-moneth which is the time of their fawning for the preseruation of the yong Fawnes for the encreasing of the game according to the Assises of the Forest And thus much concerning the first point of his office which is to Preserue 2 The second point of the office of a Forester is to watch or to be carefull in attending of the Vert and Venison of the Forest to see that the same be not by any meanes destroyed For as a Forester himselfe may not kill nor destroy any of the wilde beastes of the Forest without good warrant nor yet cut down or destroy the Vert of the Forest No more he must not suffer any other person to do any manner of trespas in the Forest to the hurt of the Vert or Venison of the same Forest For it doth appeare by the Lawes of Canutus Canon 2. That Foresters were appointed at the first Ad suscipiendum Curam onus tum Viridis tum Veneris 3 Now the third point of the office of a Forester is to attach offenders or trespassers in the Forest So that as a Forester by his office is to be a Preseruatour of the Vert and Venison of the Forest and therefore to watch and attend the same He is likewise to attach or arrest all such offenders and trespassers as he shall finde offending or trespassing within the Forest to the end that they may receiue such punishment for the same as the lawes of the Forest doth in that behalfe appoint 4 Nowe the fourth poynt of the office of a Forester is to present which is that he that is a Forester must not conceale any manner of offence that shal be done within the Forest by any manner of person either in Vert or Venison but present the same and also all manner of attachmentes
Ad iudicandum 6 Ad certificandum And as concerning the first poynt which is Ad videndum to see to view It is to be noted that a Verderor ought to vew the Vert and Venison of the Forest Assisa Forestae Artic. 3 as it appeareth in Assisa Forestae Articulo 3. in these words Si quis inuentus fuerit extra dominicum boscum et infra rewardum prosternens quercum sine visu aut liberatione Forestarij aut viridarij debet attachiari per quatuor plegios et per visum viridar ' debet quercus apreciari et in Rotulo Forestar ' et viridarior ' nomina pleg imbreuiari By which Article it is proued that if an Oake being ouer Vert within the Forest bee felled or cut downe out of the Kings demeasne Woods the same Oake is to be apprised by the view of the Verderors And also as to the fourth point of the office of a Verderor which is Ad inbreuiandum to inroll It is also there prouided that the Verderors ought to inroll their apricement and view in their roll And it doth also appeare in Assisa Forestae Articulo 19. that the Verderors of the Forest ought to take inquisitions of matters of the Forest and of trespasses of the Forest Assisa Forestae Artic. 19 aswell of Vert as of Venison and those inquisitions they must inroll in their roll likewise and also certifie the same before the Lord Iustice in Eyre of the Forest at his next comming into the Forest to hold the generall Sessions of the Forest Carta de Foresta cap. 8 And it doth also appeare by Carta de Foresta cap 8. that the office of a Verderor is Ad videndum attachiamenta de Foresta tam de viridi quam de venatione per presentationem ipsorum Forestariorum So that it doth thereby appeare that the office of a Verderor is both to view the attachments of the Foresters and also to receiue their attachements and to inroll them in the rolls of the Verderors and then it followeth that all those rolls of the Verderors must be by the saide Verderors certified to the Iustices of the Forest at their comming into the same Forest to hold their generall Sessions of the Forest Assisa Forestae Articulo 19. as it doth appeare in Assisa Forestae Articulo 19. And also the Verderors office in some causes is to iudge of offenses and trespasses that are committed and done within the Forest as of trespasses in Vert the valew thereof being vnder the some of foure pence And it doth appeare by the Assises of Lancaster and Pickring that the entrie of the plees of the Forest are thus presentatum per Forestarios et conuictum per viridarios Whereby it doth appeare that the office of a Verderor is a iudiciall place or office and this much concerning the office of a Verderor The letter of the Statute is farther Et Agistatores IT is therefore nowe very necessarie here in this place to declare what an Agestor is how an Agistor is made and what his office is And for that it is to be vnderstood that an Agistor or gistaker of the King The definition of an Agistor is an officer of the Kings Forest to ouersee and to agist the Kings demesne Woods and lands and to receaue the Kings Pawnage and to doe for the profit of the King therein the best he can Assisa H. 2. and to make a true acount thereof And it doth appeare by the Assises of Henry 2. that the Agistors of the Kings Forest are made in the same manner as the Foresters of the Kinges Forest are made How an agistor is made and that is by the Kings letters pattents vnder the great Seale of England as it hath beene shewed here before And it doth appeare there also that the King hath in euery Forest where he hath any Pawnage foure Agistors or gistakers to receiue the agistment and Pawnage for the King For the words are these Quod in quolibet com̄ in quo dominus Rex venationē suam habet ponantur duodecim milites ad ostend'et supervidendum venatitionem suam et quod viridarij cum Forestarijs et quatuor militibus ponantur ad agistandū boscos et recipiendū paunagiū suum And by these wordes it doth appeare that the office of an Agistor is to agist the Kings demesne Woods and to receiue the Pawnage thereof to the vse of the King and to render an account thereof And it is to be vnderstood that the office of an Agistor of the Kinges Forest doth consist in these foure things that is to saie 1 Ad agistandum 2 Ad recipiendum 3 Ad inbreuiandum 4 Ad certificandum And concerning the first poynt that is to saie Ad agistandum which is to agist the Kings demesne Woods and lands he that is an Agistor of the Kings Woods within the Forest must haue an especiall care to agist the same for the best aduauntage and profit of the King and also to receiue the Mony for the agistment and pawnage for the same to the vse of the King and then he must faithfully and truely inroll the same in the Agistors rolls of the Forest which inrolling and receipt of the said Agistment and Pawnage the saide Agistors must also certifie before the Lorde Iustice in Eyre of the forest at his next comming into the forest to hold the generall Sessions of the forest thervpon to make a true accompt of such Monie as they haue receiued for Pawnage or otherwise to the Kings vse as it doth appeare by the wrte of Summons of the Iustice Seat of the forest And thus much concerning an Agistor of the Kings forest The Letter of the Statute of Carta de Foresta Articulo the 9. is further as followeth Vnusquisque liber homo agistet boscum suum in Foresta pro voluntate sua et habeat Paunagium suum concedimus etiam quod vnusquisque liber homo ducere possit porcos suos per dominicū bosc ' nostrū libere et sine impedimento ad agistandū eos in boscis suis proprijs vel alibi vbi uoluer it Et si porci alicuius liberi hominis vna nocte pernoctauerint in foresta nostra non inde occasionetur vnde aliquid de suo perdat THe Lawe of the Forest before the making of that Charter of the Liberties was that no man might agist his Woodes or lands which he had within the Forest vntill the Woods of the King were agisted the agistment of the King did alwaie begin fiftene daies before the feast of Saint Michel and did indure fortie daies after the feast of Saint Michell And that agistment of the kings shal be made by the Verderors Agistors and Foresters as it doth appeare by the Assises of the Forest of Henry 2. Cap. 7. for all the herbage throughout all the Forest before that tyme of the yeare Assisa Forestae H. 2. euerie yeare was kept and preserued for