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england_n	ireland_n	king_n	statute_n	2,756	5	8.4949	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70139	The great charter of the forest, declaring the liberties of it made at Wesminster, the tenth of February in the ninth year of Henry the Third, anno Dom. 1224, and confirmed in the eight and twentieth of Edward the First, anno Dom. 1299 : with some short observations taken out of the Lord Chief Justice Coke's fourth Institutes of the courts of the forests / written for the benefit of the publick.; Charta de foresta	England and Wales.; Coke, Edward, Sir, 1552-1634. Institutes of the laws of England. Part 4. Selections.	1680 (1680)	Wing G1677; ESTC R1823	19,215	42

THE GREAT CHARTER OF THE FOREST DECLARING THE LIBERTIES OF IT Made at WESTMINISTER the Tenth of February in the Ninth Year of HENRY the Third Anno. Dom. 1224. and Confirmed in the Eight and Twentieth of EDWARD the First Anno Dom. 1299. WITH Some short Observations taken out of the Lord Chief Justice COKE's Fourth Institutes of the Courts of the FORESTS Written for the Benefit of the Publick LONDON Printed by the Assignees of Richard and Edward Atkins Esquires for John Kidgell at the Atlas in Cornhill near the Royal Exchange 1680. A PREFACE TO THE READER FInding how well Magna Charta hath been received amongst us as it hath been lately printed with some of my Lord Coke's Notes upon it and considering likewise that Charta de Foresta which was made and confirmed at the same times with the other does in effect treat of the same Matter and therefore both are called The GREAT CHARTERS of the LIBERTIES of England I could not but imagine that upon taking the same course and presenting you with some of that Great Man's Comments and Explanations of the Text as I could gather them out of his fourth Institutes of the Courts of the Forests alibi I could not I say but imagine that this GREAT CHARTER of the FOREST would meet with an Equal kind Entertainment from you This together with the Importunity of the Stationer made me set about the Work and I will here speak but a very few things by way of Preface because I would not long keep you from your fuller satisfaction and those shall be excerpted from my Lord Coke too There were many of the Great Charters and of This CHARTA DE FORESTA put under the Great Seal and sent to Archbishops Bishops and other men of the Clergy to be safely kept whereof one of them remain at this day at Lambeth with the Archbishop of Canterbury This was a great reach of Policy to have them well preserved and besides The same was entred of Record in a Parliament Roll. And afterwards King Edward the first by Act of Parliament 25 E. 1. c. 1. did ordain that both these Charters should be sent under the great Seal as well to the Justices of the Forest as to others and to all Sheriffs and to all other the Kings Officers and to all Cities thrô the Realm and that the same Charters should be sent to all the Cathedral Churches and that they should be read and published in every County four times in the year in full County viz. the next County day 28 E. 1. c. 1. after the Feast of St. Michael the next County day after Christmass and the next County day after Easter and the next County day after the Feast of St. John This Charta de Foresta and Magna Charta my Lord Coke calls Two glorious Lights and truly so for they were adjudged in Parliament to be taken as the Common 25 E. 1. 1. Law and the Law is the Light and Guide of Judges Lex est exercitus Judicum tutissimus Ductor lex est Optimus Judicis Zenagogus lex est tutissima Cassis And albeit Judgments in the Kings Courts are of high regard in Law and Judicia are accounted as Juris dicta yet it is provided by the same Act of Parliament that if any Judgment be given contrary to any of the points of either of the Charters by the Justices or by any other of the Kings Ministers c. it shall be undone and holden for nought because the Judgment is given against the Law And in such high Estimation have these two Charters been that they have been confirmed established and commanded to be put in Execution by two and thirty several Acts of Parliament Magna Charta DE FORESTA THE GREAT CHARTER OF FORESTS c. EDward by the Grace of God King of England Lord of Ireland and Duke of Guyan to all to whom these Presents shall come sendeth Greeting We have seen the Charter of the Lord HENRY our Father sometime King of England concerning the Forest in these words HEnry by the Grace of God King of England Lord of Ireland Duke of Normandy and Guyan and Earl of Anjou to all Archbishops Bishops Abbots Priors Earls Barons Sheriffs Provosts Officers and to all Bailiffs and other our Faithful Subjects who shall see this present CHARTER greeting Know ye That We unto the Honour of Almighty God and for the Salvation of the Souls of our Progenitors and Successors Kings of England to the advancement of Holy Church and amendment of our Realm of our meer and free will have given and granted to all Archbishops Bishops Abbots Priors Earls Barons and to all Freemen of this our Realm these Liberties following to be kept in our Kingdom of England for ever CHAP. I. What Woods shall be disafforrested IMprimis We will that all Forests which King Henry our Grandfather afforested shall be view'd by good and lawfull men and if he hath afforested any other a Wood more than his own Demesne by which the Owner of the Wood hath dammage it shall be forthwith disafforested and if he hath afforested his own Wood then it shall remain Forest saving the b Common of Herbage and of other things in the same Forest to them who before were accustomed to have the same 3. Bulstrode 213. Ockam cap. quid Regis Foresta saith Foresta est tuta ferarum Mansio non quarum libet sed silvestrium non quibuslibet in locis sed certis ad hoc idoneis unde Foresta E. mutata in O. quasi Feresta hoc est ferarum statio Co. Litt. Sect. 378. Fol. 233. a. Forests and Chases are not inclosed but a Park must be the Forest and Chase do differ in Offices and Laws every Forest is a Chase but every Chase is not a Forest A Subject may have a Forest by special grant of the King as the Duke of Lancaster and Abbot of Whitby had id ibid. A Forest consisteth of Eight things viz. Of Soil Covert Laws Courts Judges Officers Game and certain Bounds Co. Inst 4. Part. Fol. 289. Foresta est nomen collectivum and by the grant thereof the Soil Game and a free Chase doth pass id ibid. King John the 15 of June in the 18 year of his Reign at Kummigs-mead alias Kyme-mead between Stanes and Windsor granted the like Charter as Charta de Foresta is id ibid. a This is an Act of Restitution for if the King might have made a Forest in other Mens Woods then could not the Owner have fell'd down his own Woods without View and License sic ad damnum illius c. id Fol. 300. b Note all manner of Commons are saved CHAP. II. Who bound to the Summons of the Forrest MEn that dwell out of the Forest from henceforth shall not come before the Justicers of our Forest by common Summons except they be impleaded there or be Sureties for some others that were Attached for the Forest This Statute of Charta

is Vert and signifieth in the Laws of the Forest Every thing that doth Grow and bear Green Leaf within the Forest that may cover and hide a Deer Manwood 2 par Forest-Laws fol. 6. a. fol. 33. b. Vert is divided into General and Special Vert General is as above Defined special is every Tree and Bush within the Forest to Feed the Deer withal as Pear-Trees Crab-Trees Hauthorns Black Bush and the like And the reason of this Name is because the Offence of destroying such Vert is more highly punished than any other according to the Quantity thereof See more C. 16. Mensis Vetitus Fence-Month or Defence-Month so called because it is the Fawning-Month when the Does have Fawnes for the Preservation whereof they ought to be Fenced and Defended from Hurt and Disquiet It contains a Kalendar-Month of One and Thirty Dayes and begins the Fifteenth Day before Mid-Summer in the beginning whereof a Swanimote is to be holden and endeth Fifteen Dayes after as you may see by this Chapter The Third Swanimote to be kept in the beginning of Fifteen Dayes ante Festum Sancti Johannis Baptistae quando Agistatores nostri conveniunt pro * Faonatione seu Feonatione bestiarum Nostrarum Co. Instit 4 par fol 313. In the Printed Book it is Venatione which ought to be amended and made Faonatione or Feonatione which signifieth the Fawning This word Faonatio or Feonatio is derived of the French word Faonier i. e. to Fawn or for Does to bring forth Id. ibid. CHAP. IX Who to take Agistment and Pawnage in Forests EVery Free-Man may Agist his own Wood within Our Forest at his Pleasure and shall take his □ Pawnage Also We do grant That every Free-Man may drive his Swine freely without Impediment through our Demesne Woods to Agist them in their own Woods or where else they will And if the Swine of any Free-Man lie one Night within our Forest there shall be no Occasion taken thereof whereby he may lose any thing of his own Agistator so called because he taketh Beasts to Agistment that is to Depasture within the Forest or to Feed upon the Pawnage and cometh of the French Word Geyser i. e. to Lie because the Beasts that Feed there are there Levant and Couchant Lying and Rising Co. Instit 4 par fol. 293. Agistment is properly the Common of Herbage of any kind of Ground or Land or Woods or the Money due for the same Mr. Manwood par prior of his Forest-Laws This Officer is Constituted by the King's Letters Patents And of these in such Forests where there is any Pawnage there be Four in Number Co. ibid. There Office consisteth in these Four Points 1. In Agistando 2. Recipiendo 3. Imbreviando 4. Et Certificando ibid. □ Pawnage Pannagium aliàs Pasnagium or Pennagium as it is Latined in Pupilla Oculi may be thought to come of the French Panez or Panets which is a Root much what like to a Parsnip but less and ranker in Taste which Hogs do there Feed upon though it be Eaten by Men also It signifieth in our Common-Law the Money taken by the Agistors for the Feed of Hogs with the Mast of the King's Forest Cromp. Jurisd fol. 155. Mr. Manwood par prior of his Forest-Laws saith Pawnage is most properly the Mast of the Woods or Lands or Hedge-Rowes or the Money due to the Owners of the same for it Mr. Skene de Verbor Signif calleth it Pannagium and defineth it to be the Duty given to the King for the Pasturage of Swine in the Forest Quietum esse de Pannagio i. e. to be quit to pay any thing for Pawnage Vid. F. N. B. p. 230. CHAP. X. The Punishment for Killing the King's Deer NO Man from henceforth shall lose either Life or Member for Killing of Our Deer But if any Man be ⊙ Taken and Convict for Taking of Our Venison he shall make a Grievous Fine if he have any thing whereof And if he have nothing to lose he shall be Imprisoned a Year and a Day And after the Year and the Day is expired if he can find sufficient Sureties he shall be Delivered and if not he shall Abjure the Realm of England Stat. 1. Ed. 3. 8. Sess 1. Stat. 1. H. 7. 7. Register fol. 80. In this and in other Chapters of this Statute Venatio signifieth Venison as in the Eighth and Sixteenth It is called Venison of the Mean whereby the Beasts are taken Quoniam ex Venatione Capiuntur and being Hunted are most Wholesome They are called Beasts of Venary not Venery as some term it because they are gotten by Hunting Ordinatio Forestae cap. 15. Co. Instit 4 par fol. 316. There be many Beasts of the Forest by the Laws of the Forests of England The Hare in Summer the Hinde in Winter and all that proceed as of them The Buck in Summer the Doe in Winter and the Proceed of them The Hare Male and Female and their Proceed The Wild-Boar Male and Female and their Proceed And the Wolf Male and Female and their Proceed The Martin Male and Female The Roe is no Beast of the Forest but it is a Beast of Chase and so it was resolved by the Justices and the King's Councel That Capreoli non sunt Bestiae de Foresta And this was the Reason of it eò quod fugant alias feras Hill 13. E. 3. coram Rege in Thesaur Co. Litt. Sect. 378. fol. 233. a. The Proceeds of the Hart and Hinde The Male the First Year a Calf the Second a Brocket the Third a Spayad the Fourth a Staggard the Fifth a Stagg the Sixth a Hart and so after The Female the First Year a Calf the Second a Brocket's Sister and the Third Year a Hinde Co. Instit 4 par fol. 316. The Proceeds of the Buck and Doe The First Year a Fawn the Second Year a Pricket the Third Year a Sorel the Fourth a Sore the Fifth a Buck of the First Head the Sixth a Great Buck. ibid. The Proceeds of the Hare The First Year a Leveret the Second Year a Hare the Third a Great Hare Of a Wild-Boar A Pigg a Hogg a Hogg-Stea● a Boar and after a Sanglier The Seasons by the Law of the Forest for the Beasts of the Forest are these Of the Hart and the Buck beginneth at the Feast of St. John Baptist and endeth at Holy Rood-Day Of the Hinde and Doe beginneth at Holy-Rood and continueth till Candlemass Of the Fox at Christmass and continueth till the Twenty Fifth of March. Of the Hare at Michaelmass and lasteth till Mid-Summer Of the Boar from Christmass till Candlemass id ibid. ⊙ Taken Taken with the Mayneer à Manu is in four kinds viz. Dog-draw that is Drawing after a Deer which he hath hurt Stable-stand viz. At his Standing with any Knife Gun or Bow or close with Grey-Hounds in his Leash ready to Shoot or Course Back-bear Bracton lib. 3. fol. 32. that is Carrying away the Deer which he