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
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
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
Forest that maketh any oppressions or extorcions of the Kings people by color that he is an officer of the Forest and for taking excesse chiminage if any such be you shall present them 10 Item if any man come into the Forest in Fawning time with Shéepe or any other Cattell where they haue common and is not Sworne to be true to the Kings game 11 Item if there be any man that doth burne any Heathe or Fearne or Ling within the Foreste or townes next adioyning to the same Forest you shall present the same 12 Item touching the Kings Vert that is to saie Woods Verte you shall inquire if any haue come into this Forest and haue felled any great Okes and carried them away by night or by daye being the Kings Wood and the price of the Horse Carte and Trees so carried and by what authoritie 13 Item of small Wood as vnder Wood Sparres black-thorne Watling roddes and such like if any cut or fell them and carry them away you shall present his name and the price of the Wood so taken 14 Item if the Wardens of the Forest or their Lieutenants or any forester bruseth any waste bowes or great Okes in Winter time more for his owne aduantage for the sale than for the sustenance of the Kings Déere ye shal do vs to were thereof and the names and the price of the Wood. 15 Item if any man do take out of the hollow trées any Hony Wax or swarmes of Bées within the forest yée shall do vs to weete 16 Item if any man take any Hawkes egges Herrons egges Fesantes egges or Partridge egges out of their neastes being within the forest you do vs to weete 17 Item if any man haue any warrant of the Lorde Chancellor of England Lorde Priuy Seale or of the kings Iustices of the forest to haue certaine Trées if he haue taken more then his warrante will serue for or if he haue taken the said trées without view of the Verderors or of the foresters you shall do vs to wite 18 Item if any warrant were graunted for any Okes or other timber to be imployed to the kings vse or on his workes if any man haue bestowed them to their owne peculiar vse or otherwise conueied them or solde them you shal present the prise thereof and who he is that hath don so 19 Item if any commission were directed to any Woodsellers for the sale of the great Woodes and vnder Woodes or either of them if the same Wood-seller haue made the hedges and fensings of the Coppies for sauing the kings Couert 20 Also if any of the saide Woodsellers haue concealed any thing of the kings profite vpon their accompte or if they haue enclosed any Moores great plaines or waste groundes to the hurt of the commoners or put any other cattell into the Coppies and spring or Wood then is allowed by the Statute you shall present the same 21 Item in Pawnage time if there be any that hath Woodes annexed to the Kings Forest and maketh percourse out of his owne Wood with Swine and Pigges into the Forest in hinderance of the Kinges Pawnage of all such you shall do vs to wete both of the nomber and of the price of them for they are forfeitable to the King 22 Item if any man haue any Swine comming into the Forest in Pawnage time vnringed wrouting deluing or turning vp the kings soyle which is cause of exylation of the kings Déere yée shall do vs to wéete of the number and of the price of them for they are forfeitable to the king 23 Item if there be any man that hath any Patent by the graunt of any king confirmed or any specialtie allowed to him before any Iustice in Eyre for a certaine number of Swine to runne in Pawnage time in the kings Forest if he haue more then is allowed in his Patent yée shall do vs to wéete of the number and price for they are forfeitable to the king 24 Item if there be any Swyne not ringed or Goates that haue béene attached sithence the last Sessions within the Forest ye shall present the number and pryce of them for they are forfeitable by the first attachement to the King for that they bee not beastes Commonable 25 Item if there be any Sheepe running in the Forest and hath béene attached iii. tymes sithence the last Sessions ye shall present the number and prise for they are likewise forfeitable to the King 26 Item Venison Puraley Canutus Canon 31. you shall inquire if there be any that hath hunted the kings Déere within seuen miles about the Forest at any time within xl daies next after the kings hunting neither xl daies before it was so hunted for these causes First for that the king before his Hunting or his Commission to kill the Déere his grace should haue a sight of the Déere where they lye at rest in their haunt and after his hunting because the Déere being driuen out with strength of houndes Puraley and noise of men and hornes may afterwardes resort againe to their haunt in the Forest if there be any such you shall do vs to weete 27 Item if any man haue any great Parke or great close within thrée miles of the Forest Puraley that haue any Saltaries or great gappes called Déere lopes to receiue Déere into them when they be in chasing and when they are in them they cannot get out againe 28 Item if any man haue slaine any of the kings Deere within the Forest without warrant you shall present his name and what Déere was so slaine and within whose walke the same was done 29 Item if any man had any Warrant for to haue anye Deare if he haue taken more Deare than is mentioned in his Warrant how many they were what Deare they were and of what season for a Bucke in Winter is out of season and so is a Doe in Sommer and whether he tooke the Deare comprehended in the Warrant without sight of the Verderors and Forresters yea or no. 30 Item if any man keepe any Hounds or Dogges ryding or going through the Forest as the hye wayes do lye and taketh not vp his dogs but doth suffer his dogs to chase kil the Kings Deare whether the death of such Deare be within the Forest or without you shall present the name of the man and the Deare so killed 31 Item if any man take any Deare with Nettes cordes ropes Double Paternoster Buckstalles or other Engin and who doth keepe any such Engynes within the Forest or neere to it yea shall present their names 32 Item if any man chase course or set any net or engine though he kill not you shall present his name and fact and where the same was done and when 33 Item if any man come into the Forest and there slay any Foxe Hare Cony or any other beaste or fowle of Warren without authoritie the same is to be punished for the
tree in the Kings Woods is Vert. Vert in an other manns Wood. 29 Si quis vero I licem aut arborem aliquam qui victum feris suppeditat sciderit preter fractioneÌ„ Regalis chaceae emendet Regi viginti solidis If any man do cutt downe a Holly Tree of any other Tree in the Forest which doth beare Frute for foode for the wild Beastes besides the breach of the free chase Roiall he shall paie twenty shillinges to to the King for a recompence 30 Volo vt omnis liber homo pro libito suo habeat venerem siue viridem in planis suis super terras suas By this Lawe it doth appeare that before that time all wild beasts were the Kinges wheresoeuer they were out of the Forest And therefore the King made this Lawe that euery man might take his Venery in his owne ground so that they did refraine from the Venery of the King in his Forest sine chacea tameÌ„ Et devitent omnes meam vbicunque eam habere voluero 31 Nullus mediocris habebit nec custodiet Canes quos Angli Grey-hunds appellant Greyhound Liberali vero dum genuiscissio eorum facta fuerit coram primario Forestae licebit No mean person or Regarder may keep any grehouÌ„ds but freemen may keepe Greyhounds so that their knees be cut before the Verderors of the Forest and without cutting of their knees also if they doe abide ten miles from the boundes of the Forest But if they doe come any nearer to the Forest they shall paie twelâ—e pence for euery mile but if the Greyhounds be found within the Forest the maister or owner of the Dogg shall forfeit the Dogg and the same dog ten shillings shall be forfeited to the King aut sine genuiscissione dum remoti sunt a limitibus Forestae per decem Milliaria quando vero proprius venerint emendet quodlibet Miliare vno solido Si vero infra septa Forestae reperiatur dominus canis forisfaciet et canemet decem solidos Regi 32 Velteres vero quos langeran appellant quia manifeste constat in ijs nihil este periculi Velter langeran cuilibet licebit sine genuiscissione eos custodire Idem de canibus quos Ramhundt vocant Ramhundt What Doggs a man may keepe in the Forest These little Doggs called Velteres and such as are called Ram-hundt all which Dogges are to sit in ones lap they may be kept in the Forest because in them there is no daunger and therfore they shal not behoxed or haue their knees cutt but althought they be lawfull Doggs they must be lawfully vsed and kept as it doth appeare by the next Canon 33 Quod si casu inauspicato huiusmodi canes rabidi fiant et vbique vagantur negligentia dominorum redduntur illiciti The price of a meane man If by misfortune such a kinde of Dogs doe become so madd sauag and do runne vp and downe euery where by the negligence of their maister and so do become vnlawful then the owner must yeeld a recompeÌ„ce to the King for their vnlawfulnes If they be found within the circuit of the Forest then the maister of such Doggs must be sought out and he shall yeeld recompence according to the estimation of a meane man which according to the auncient Lawe is ten poundes et emendetur Regi pro illicitis c. Quod si intra septa Forestae reperiantur talis exquiratur herus et emendet secundum precium hominis mediocris quod secundum legem merimorum est ducentorum solidorum 34 Si Canis rabidus momorderit feram The price of a freeman tunc emendet secundum precium hominis liberalis quod est Duodecies solidis Centum Si vero fera regalis moi sa fuerit If a greedy rauening Dogg doe bite a wild beaste in the Forest then the owner shall yeeld recompence for the same according to the price of a freeman which is twelue-times a hundred shillings But if he doe byte a Royall beast then he shall be guilty of the greatest offence reus sit maximi criminis And these are the Constitutions of Canutus concerning the Forest very barbarously translated out of the Danish tong into Lattin by those that tooke the same in hande Howbeit as I finde it so I set it downe without any alteration of my Copie in any iote or title which for the more ease pleasure and better vnderstanding of them that shall reade these auncient Lawes of King Canutus I haue heere translated them out of Latin into English verbatim as neere as in sence the same may be made to agree together as heareafter followeth Here beginneth the Lawes of the Forest of King Canutus THese are the Lawes of the Forest which I King Canutus with the Counsell of my cheefe men do make and establish to that end that Peace Iustice might be ministred to all congregations of our Realme of England and that euery man that doth offend may be punished according to the manner of the offence and of him that doth offend 1 Nowe from hence foorth let there be foure men of the best account which haue their frée customes duties serued which Englishmen do call Pegened appointed throughout the Prouince of my realme to administer Iustice to al my people throughout all my Realme of England as well to Englishmen as to Danes together with condigne punishment for the offences of the Forest which foure men of the Forest we haue determined to call them Primarios that is to saie the cheife men 2 Let there be vnder euerie one of those foure cheife men of the Forest foure meane men placed which Englishmen call Lespegend but Danes do call them yong men which shall take vpon them the charge and burthen both of Vert and Venison 3 But in the execution of Iustice I will that in no wise such foure cheife men doe let in or suffer such meane men to ioyne with them therin For after that they haue taken vpon them the charge of the wilde beastes they shal alwaies be accounted for freemen which the Danes doe call Eldermen 4 Againe vnder euery one of these meane men let there bee two of the least men of account of the Forest which EnglishmeÌ„ do call Tyne-men these persons shall vndertake the seruile labour and also the night charge of Vert and Venison 5 If such a seruile officer shall fortune to be a bondman so soone as he shall be placed in our Forest let him be made Frée of his bondage all these persons we will maintaine of our owne costes 6 And also euery one of the saide foure cheefemen shall haue for euery yéere of our allowance which the Danes doe call Michni two Horses one of them with a Saddell an other of them without a Saddell One Sworde .5 Iauelins one speare one shilde and x. li in money 7 And euery one of our said meane men
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
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