if he haue none his body shal be detayned vntil he haue don that which he ought and if his abode be without the boundes of the forest his name and the name of the towne whence he is shal be inrolled But deliuerie of housebote and haybote shal be made as the wood may suffer the same to remaine in the state in which it is and not at the request of the demaundant neither may he giue nor fell any thing of the wood without the kinges warrant This is ment of those Deere that are not sweete nor meete to be eaten of the best sort of the people for if a principall beast be foūd dead newly killed that is not meant by this statute to be giuen to the Lazar house And if such Deare be found dead there is no doubt but the same Deere is the kings for he was the kings beast being aliue and the killing of him hath not altered the propertie and then the fame being the kings his Iustice of the Forest may dispose of it at his pleasure and that disposition good in Law by plee of iustification If any Déere be found dead or wounded there shal be an inquisition made by foure of the next villages to the forest which shal be written in the roll the finder shal be put by vi pledges and the flesh shal be sent to a Spittle house if by testimony of the verderors and the Countrey there be any nigh But if there be noe such house neere the flesh shal be giuen to the poore and lame the head skinne shal be giuen to the poore of the next Towne the Arrow if there be any found shal be presented to the Verderors and inrolled in his roll If there be any Greyhoundes found running to do any hurt the forester shall retaine them and present them in the presence of the Verderors and send them to the king of chiefe Iustice of the Forest If any Mastiue be found vpon any Deere and shal be expeditated he whose Mastiue he is shal be quite of the déede but if he be not expeditated the owner of such Mastiue shal be giltie as if he had giuen it with his owne hand and he shal be put by vi pledges whose names shal be written and also what kind of dogge it was If any man take a Déere in the forest without warrent his bodie shal be arrested where soeuer he be found within the boundes of the forest and when he is taken he shall not be deliuered without special commaundement of the king or of th chiefe Iustice of the forest If any sée any misdoers within the bounds of the forest to take or carie away any Deere he shall do what he may to take them and if he cannot he shall leuie hue and crie and if he do not so he shall remaine in the kings mercie If any woodward shall sée misdoers within his wardship or shall sée a dead wild beast he shall shew him to the chiefe forester or verderor and if he do not and the forester of our Lord the king find such a fault in his wood within the precinct of the regard that wood shal be taken into the kings handes by the kings commaundement or of his chiefe Iustice and the woodward is to be attached by iiii pledges If any man shall haue a wood neere vnto the demesne wood of our Lord the king it is lawfull for him after that the demesne hedges are agisted to haue in the time of pawnage so many swine as the wood may suffer by the view of the foresters verderors regardors Agistors other lawful men and this shal be done of the profit of Swine Knowe ye that in time of pawnage when the agistment ought to be made the foresters verderors and agistors ought to craue the assent of the Iustices of our Lord the kinges forest and séeke their good will and the agistiment shal be made as well within the demesne hedges and woodes as without and the agistment shal be made according to their commaundement and tenor of their letters which letters he shall haue before the Iustices of the forest in the next circuite And it is commaunded that hereafter be taken for euery hogge as much as may be to the vse of our Lord the king for pawnage that is to say one penie or ii.d. but of little pigges there shal be no more paied then was before If any man of another Countie put or willingly suffer his cattel to goe within the boundes of the forest the forester may retaine the cattel by suerties and safe pledges which if he cannot doe by the testimonie of the Verderors he shal shew the Shirife of the Countie thereof that he may make distres vntil he finde pledges If the Shirife do it not the forester shall shew the same to the Iustices No Mower shall bring with him a great Mastiue to driue away the déere of our Lord the king but little doggs to looke to things without the couert Of these which claime to haue priuiledges as doggs without clawes and greyhoundes within the boundes of the forest they shal haue nothing to do with them without our Lord the king his warrant or his Iustices A wood remayning in the hands of our Lord the king by one yeare and one day it is in the kings pleasure except it be recouered by the iudgment of the Iustices All the bounds of the forest are wholy the kings It is lawfull to the Abbot of the Borough of S. Peter to hunt to take hares Foxes Martrons within the bounds of the forest and to haue vnlawed dogs because he hath sufficient warrant thereunto When Verderors haue taken an Enquest one shall set to his seale and the other shall keepe the roll and so from time to time vntill the comming of the Iustice then the first day he and all his ministers shall present the roll or els they shal be amerced mainpernors that day shal be profered for the forest or els they shall incur a seisure A man attached for cutting of boughes that plée appertayneth to the Swanimot before the Steward And a man attached for selling an Oke in the demesne of the king or of any other mans it belongeth to be tried before the Iustice and if he do it to any man in the night time he shal be imprisoned A man attached to the Swanimote for gréene hugh and not presented at the next Swanimote at an other time the presentment shall not hurt him but shal be taken as a fault in the forester for the concealement and he that is attached shall goe quite by Assise If a forester do agrée vnto an offence in the demesne woods of the king the king shall take from him his chiefe office if the kéeper be liuing and because the kings wood is wasted at euery Iter of the Iustice of the Forest they shall pay to the king half a Marke Ordinatio Forestae 22 First we haue decréede
incontinently deliuer such persons indicted to mainprise without taking any thing then the plaintife shall haue a writ out of the Chauncery to the shirife to attach the said warden to be before the king at a certaine day to aunswerer wherefore he hath not repleuied him that is so taken And the Shirife the verderors being claled to him shall deliuer him that is so taken by good mainprise in the presence of the verderors and shall deliuer the names of the mainpernors to the same Verderors to answere in the eire of the Iustices And if the chiefe warden be therof attainted the plaintife shall recouer his treble dammages and the said Warden to be committed to prison and raunsomed at the kings will And from hencefoorth it shal be written to them as to the chiefe Wardens of the forest because they may not be Iustices nor to haue any Record Anno 1. E. 3. cap. 8. Stat. 1. 25 No forester nor kéeper of forest or chase nor none other minister shall make or gather sustenance nor none other gathering of vitailes nor other thing by colour of their office against any mans will within their bailiwike nor without but that that is due of auncient right Anno. 25. E. 3. cap. 7. Stat. 5. 26 No maner of Iurie shall be from henceforth compelled by any minister of the forest to trauell from place to place out of the places where their charge is giuen to them against their grée nor by malyce nor by manace The verdict to be giuen vp where the charge is giuen them or other duresse constrained to say their verdict of a trespas done in the Forest otherwise than their conscience will cleerely informe them but they shall say their verdicts vpon their charge in the places where the charge is giuen them as aboue is saide Anno. 7. R. 2. cap. 3. 27 That no man be taken nor prisoned by any minister of the forest without due indictment or by manouerie or trespassing in the forest or els wher nor shal not be constrained to make any obligation or raunsome to any minister of the forest by any maner against their grée and the assise of the forest And if any do against this ordinance in any point and thereof be attainted he shall pay to the partie damnified their double dammages and fine and raunsome to the king for his offence Anno. 7. R. 2. cap. 4. 28 From henceforth all and euery the Iustice and Iustices of the kings forestes parkes chases within this realme Note that by the common law the Iustice of the forest is a Iudicial office and therefore he could not make a deputie to execute the same office before this statute which now be or hereafter shall be by their writing sealed with the seale of their office shall make assigne depute and appoint as many deputie or deputies for the exercising of the same office of the Iustice or Iustices of the forests as to such Iustice or Iustices from time to time shal be thought conuenient which deputie and deputies so appointed shall haue like power and authoritie to do and execute all things concerning the kings forestes parkes and chases and all other things concerning the office and offices of the Iustice of the forests to all intents and purposes But it seemeth that the office of the chiefe warden of the forest is no Iudiciall office because the writt of Homine replegiando is by the Statute of An. 1. E. 3. ca. 8. before here 24. to be directed to him And further if his office were a Iudicial place he could not make deputies as he doth to execute the same and in as large and ample manner and forme as the same Iustice or Iustices might or may lawfully doe or execute by the lawes of this realm and as though the same Iustice or Iustices were there personally present in his or their owne person or persons Anno. 32. H. 8. cap. 35. 27 Euery man that hath wood within the Forest may take the same wood without being attached by any officer of the Forest Anno. 1. E. cap. 2. so that he do it by the view of the Foresters Anno. 1. Ed. 3. cap. 2. Statut. 2. A man may hedge in or fence his wood and maintaine keepe the same in the Forest by this statute Nota per cest statute que vn auter person que le royne poit auer vn Forest per la comon ley Nota que cest statute fuit in le negatiue del comen ley ergo le comen ley fuit contrarie deuant ceo If any of the Quéenes Subiects hauing woods of his owne growing in his owne ground within any Forest Chase or Purliew of the same within this Realme of Englande shall cut or cause to be cut the same wood or part thereof by licence of the Queene or of her heires in her Forestes Chases or Purlewes or without licence in the Forest Chase or Purliewes of any other person or make any sale of the same wood it shal be lawfull to the same Subiect owner of the same ground whereupon the wood so cut did growe and to other such persons to whome such wood shall be solde Imediately after the wood so cut to coppie inclose the same ground with sufficient hedges able to kéepe out all maner beastes and cattell out of the same ground for the preseruing of their yong springs and the said hedges so made the said Subiects may kéepe them continually by the space of seuen yeares next after the same inclosing and repaire and sustaine the same as often as it shall néed within the same seuen yeares without sewing of any other licence of the Quéene or of her heires or other persons or any of their officers of the same Forestes Chases and Purliewes Anno. 22. E. 4. cap. 7. The Statute for the drift of the Forestes and what beastes are not to be suffered to common in the wast soyle of the Forest NO commons or commoners within any forest chase more marish hethe common or wast ground nor any officer or officers of or within any of the said forestes or chases nor any other person or persons whatsoeuer he or they be at any time after the last day of March which shal be in the yeare of our Lord God a thousond fiue hundred thrée fourty shall haue or put to pasture into or vpō any such ground forest chase more marish heth common or wast ground any stoned horse or horses being aboue the age of two yeare and not being of the altitude and height of fiftene handfulles to be measured from the lowest part of the houe of the forefoote vnto the highest part of the wither and euery handfull to containe iiii inches of the standerd to pasture feede or be in or vpon any of the said forestes chases commons moores marishes hethes or wast groundes within any of the shiers and territories of Norff. Suff. Cambridge Buck. Huntington Essex Rent Southampshyre Northwilshyre
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
the Kinges most honorable priuie Counsell The authoritie of the Lord Iustice in Eyre And then when that any such noble person is made Lorde chiefe Iustice in Eyre of the Forest by the Kinges especiall Commission hee hath by that as great authoritie as any other Iustice in Oyer hath and more For then he may punish all trespasses of the Forestes according to the Lawes of the Forest A man may prescribe to haue waife straye but not felons goods And he may heare and determine all the Clames of the liberties and franchises which be within the Forest as to haue Parkes Warrens and Viuaries And also of them which do Clame to be quite of assartes and Purprestures of them which do Clame Leetes hundreds felons goods waifes and fugitiues and other liberties within the Forest and likewise of them which do Clame to keepe Hares and other beastes of the Chase within the Forest For by lawfull and good Clames men may iustifie the doing of many things within the forest which otherwise were vnlawfull But those Clames must be such Clames as I haue shewed before that haue beene allowed before the Iustice in Eyre within the time of Prescription The diuersitie betweene the Iustice of the Forest and Iustices in Oyer at large and other Iustices is that the Iustice of the Forest shall punish those that be indicted at the Swanimote and presented before them in their Sessions by fine and imprisonment at their discretion and the partie indicted shall not trauerse it because he is presented by more persons than by twelue and that is a condemnation against him But the Iustices in Oyer and other Iustices of the peace if they do determine such Trespasses done in Forestes which by the Lawe they cannot do which is presented before them by waye of indictment then the parties so indicted shall haue their trauerse allowed them which they shall not haue of the Enditement taken in the Swanimote and tryed before the Iustice of the Forest Those which be Iustices of the Forest when they haue their Commission from the King The warrant of the Lorde Iustice in Eyre to warne the Sessions of the Forest for the keeping and holding of the Iustice Seate there they shall make their warrant and Precept to the Shirife of the Shire within the which the same Forest is where the Iustice Seate shal be holden which saide Precept is in these wordes Thomas Louell nobilis ordinis garterij Miles Iusticiarius Itinerans omnium Forestarum Domini Regis in Anglia tam citra Trent quam vltra Vic' Essex salutem ex parte dicti Domini Regis tibi precipio quod summoneas per bonos summonator ' omnes Archiepiscopos Episcopos Abbates De qualibet villa villata quatuor homines propositus duodecem probos legales homines Priores Comites Barones Milites eorū liberi tenentes qui terr' aut tenementa habent infra metas Forestae domini Regis de Waltham in Com' Essex de qualibet villa villata infra easdē metas quatuor homines propositus de quolibet Burgo infra metas eiusdem forestae duodecem probos legales homines omnes alios qui coram Iusticiar ' placita Forestae ten ' venire solent debent quod sint apud Waltham die Lunae prox ' post festum Sancti Petri apostoli prox ' futur ' coram me praefato Iusticiario Itineranto vel meo in hac parte deputato audituri factur ' ea quae ad placit ' Forestae ibidem pertenent Et vlterius tibi precipio quod totam balliuam tuam videlicet tam in Burgis alijs villis quam in Ferijs The generall Sessions of the Forest proclaimed Mercatis alijs locis publicis publice proclamare facias Quod omnes illi quicunque qui per Cartas dicti Domini Regis antecessoris seu progenitor ' aut alio modo aliquas libertates Franchesias aut liberas Consuetud Forestae infra dictum forestam habere clament sint coram me praefat Iusticiar aut meo in hac parte deputato die loco praedictis ostensuri quas libertates habere clament Et omnes attachiati pro virid venatione infra forestam praedictam post vltimam placit forestae tenent ac eorum pleg manucaptor habuerent diem per manucaptionem coram Iusticiar Domini Regis Itinerant proxim illic venient quod adtunc sint ibi coram me praefat Iusticiar ad stand recto ad faciendum ea quae secundum legem forestae facere debent quod tu ipse fis ibidem cum Balliuis tuis ad exequend cerciorand me super his alijs negotijs illis tangentibus habeas ibi summonator hoc breue Teste c. Also when that the Iustices of the Forest haue obtained their Commission at the handes of the King to holde their generall Sessions for the Forest It is to be vnderstood that when they doe make out their Write of generall Summons for to Summon and commaunde all manner of persons to appeare there where the same is to bee appoynted by the saide writ in such maner and forme as is before declared they must by the order and course of the Lawe of very necessitie giue vnto these officers and others that are to appeare there a daie of resonable warning by the space of forty daies at the least to hold their Sessions in in the same manner as the Iustices in Eyer at large doe make Fourtie dayes warning and they shall hold Plées of quo warranto as the other Iustices do and that is the generall Summons that the Statute of Carta de Foresta doth speake of And there is also another kind of generall Summons which the Iustices of the Forest shall cause to be made by directing of their warrant to the chiefe Warden of the Forest which warrant is in the forme as followeth Thomas Louell nobilis Ordinis Garterij miles Iusticiaries itinerans omnium Forestarum domini Regis in Anglia tam citra Trent quam vltra Iohanni de Vere comiti Oxon. The writ to the chife warden custod'Forestae domini Regis vel eius locum tenent ' in eodem salutem ex parte dicti domini Regis vobis mando ac firmiter iniungentes quod venire facias corā me prefat ' Iusticiar ' apud Waltham die Lunae proximum post festum Sancti Petri Apostoli prox futur omnes Forestarios Veridarios Regardatores Woodwardos ac alios ministros eiusdem Forestae qui nunc sunt et qui post vltimam placit ' Forestae predict tent ' fuerunt et eorum quemlibet cum omnibus rotulis scriptis minumentis et attachiamentis Forestae tam de viride quam de venatione quae post vltimam placitam illa emersa et non determinat extiterunt facias Regardatores Forestae qui sunt et qui post vltimam placitam predict tent ' ibidem
of the kings wilde beastes in which cases it was then felonie to kil them and the offender should lose his life by the lawe for such an offence or els if he did not lose his life for that offence then he was to make a grieuous raunsom for the same as it doth appeare in the auncient lawes of Saint Edward in his booke fo 69. And afterwards in the time of William the Conqueror Legibus Sancti Edwardi fo 69 in the ende of his decrees that he made and set downe for lawes he willeth that no man shall lose his life for any such offences but onely that such an offender shal be punished by the losse of some of his members which decree is there set downe in these wordes Interdicimus etiam ne quis occidatur vel suspendatur pro aliqua culpa Les decrees del William la Conqueror sed evelluntur oculi et abscindantur pedes vel testiculi vel manus ita quod truncus vnius remaneat in signum nequitii sui secundum quantitatem delicti debet pena maleficientis infligi And this law in some cases doth endure vntill this daie As at the Common Lawe if a man do make an affeaie within the Kings Pallace the offender shall lose in that case his right hand The Statut of An 33. H. 8 41. Assisarum and this was the Common lawe before the making of the Statute of An. 33. H. 8. as it doth appeare in 41. Assisarum where the case was that a man was endited and arraigned for that he did strike a Iuror in the Pallace at Westminster which had passed against him which saide stroke was giuen in the presence of the Iustices Striking in the Kings pallace or in the presence of the Iustices for the which he had his iudgement that he should remaine in prison in the Tower during his life and also that his right hand should be cut off and that the issues and profites of his lands should be forfeited vnto the King during his life but his heire should not be disinherited And the verie like case is adiudged in Anno 19. E. 3. and also in M. 22. of E. 3 Where an Esquire of good accompt which drewe his sworde to strike another person in the presence of the Iustices 19. E. 3. M. 22. E 3. of which offence he was afterwardes conuicted and had his iudgement for the same to haue his right hand cut off and he was also for the same offence committed to Newgate there to remaine as in the case before recited And therefore now this graunt and Charter of the Liberties hath prouided a remedie for this extremitie in these wordes Nullus amittat vitam vel membrum which is a verie great libertie vnto all the Kings Subiects And it is also a restraint and an abridgement of the Kings will and pleasure vpon which the punishment of such offenders did then onely depende which at that time was vncertaine where as nowe the same is a most certaine punishment appointed for those that do hunt the Kings wilde beastes for the words are Provenatione c. So that the same Charter is now a generall pardon to all men of life and member for all offences of hunting the Kings wilde beastes of Venery Pro venatione And because the letter is pro Venatione it is necessarie to consider what beastes are called beastes of Venerie or the Kings Venison and therfore it appeareth as it hath been shewed before that there are fiue wilde beastes that are accompted beasts of the Forest that is to saie the Hart the Hynde the Hare the Boare and the Wolfe And there are also fiue beastes remaining in the Forest that are accompted beastes of Chase that is to saie the v. beastes of the Forest The v. beastes of the Chase the Bucke the Doo the Fox the Martron and the Roo And there are also diuers other wilde beastes in the Forest that although they are not beastes of the Forest nor beasts of Chase yet they are accompted beastes of Venery and this Charter of Pardon of life and member doth extend to the hunting killing of any beastes of Venery according to the letter of the saide Charter which is pro Venatione which entendeth also to all manner of Hawking and destroying of Fowles of Warren and Fishing in anie viuarie within any Forest where such kinde of things are that are fere naturae The letter is further Sed si quis captus conuictus c. Which is as much in effect as if the wordes had beene That if the offender be taken and attainted of the Trespas or offence by the course of the Lawes of the Forest But if the defendant vpon an Inditement do confesse the offence or will saie nothing at all to it or will make default after his appearance if the same do passe the Swanimote in due forme of Lawe according to the Statute called Ordinatio Forestae Ordinatio Forestae An. 34. E. 1. An. 1. E. 3. ca. 8 and according to the Statute of Anno primo of Edwarde the thirde Cap. 8. then such an offender shal be saide to be conuicted And when any offender is thus conuicted he shall make his fine for the same offence For the letter is further Grauiter redimatur and that is as much to saie The offender so conuicted must be grieuously redeemed or make a grieuous Fine or raunsome for his offence The diuersitie betweene a Fyne and a Raunsome And it is said that there is a great diuersitie betweene a fine and a raunsome For a fine is arbitrable by the Iustices of the King and is to be assessed by them without the King But a raunsome is not to be assessed by the Iustices of the King onely but that the King shall first therein shewe his pleasure and will And therefore it doth seeme that in this case the recompence for such an offence is to be called a fine and not a raunsome because the Iustices of the Forest do assesse the same without making of the King priuie to it first as common experience doth dayly proue and auncient presidents of the Lawes of the Forest confirme the same And thus hauing passed ouer 10. articles of the Charter of the Forest I will here ende leaue the rest to others of better learning iudgement to handle And because it is verie necessarie to see and know the manner of the making of a Forest and of the dissaforesting of a Forest againe I will now here set downe the Charter of the Puraley to the end that it may thereby appeare in what manner a Forest is made And as a Forest is made in like manner the same is made a Puraley dissaforested againe as it shall appeare by this President hereafter following Charta de Foresta caput 1. Ad ordeigne que touts Forests que Henricus auus noster aforestauit videantur per bonos legales homines si
for vs and our heires that of trespasses hereafter to be done in our Forestes of gréene hugh and of hunting the Foresters within whose Bailiwikes such trespasses shall happen to be committed shall present the same at the next Swannimote before the Foresters verderors regardors agistors and other ministers of the same forest and vpon such presentments there before the Foresters verderors and all other ministers aforesaid by the othe aswell of knights as of other honest and lawfull men of the néerest partes where the trespas so presented shal be done not suspected by whome the truth of the matter may be fully inquired of and the truth so inquired of the presentments shal be solempnely affirmed and sealed with their seales by the common agréement and assent of all the ministers aforesaide and if the inditement be made otherwise it shall be vtterly voide And if it happen any of the foresaid Foresters regardors or other ministers of the same forests to die or by sicknes or by any other meanes to be hindered by reason whereof he cannot be present to such swanimotes immediatly the Iustice of the Forest or his lieutenant shall put another in his place so that the enditement may be made by all Verderors by election They are called veredictors because they are Iudges do giue iudgement of Forest matters in forme aforesaid and that the officers which are to be placed be placed as hitherto it hath béene accustomed to be done Sauing the Verderors which shal be appointed by election and by our writ And we wil that none of the foresaid ministers hereafter be put in any assises Iuries or inquestes to be taken without the Forest And if any surcharge be found of the Foresters or other which haue to do as ministers of the Forest such surchargers shal be amoued and shal be imprisoned according to the discretion of the Iustice of the Forest or his lieutenant And they also by whome they were placed there shal be punished likewise at our pleasure And at euery Swanimote it shal be inquired of the surcharge of the Foresters and other ministers of the forest and of their oppressions brought vpon our people and they shall make thereof amendes and be punished as is aboue express◠And as concerning those persons which since the time that 〈◊〉 Forest was disaforested haue committed offences in Verte and Venison within the forest to disaforest the same and that sentence of Excommunication was published against the same offendors although the same by our good will should not haue procéeded which sentence the Pope himselfe afterwardes reuoked and which graunts and disaforesting for certeine causes we do reuoke and make voyde For we will that those offendors be pardoned Except those offences which were committed in that part which doth remaine forest still so that the hedges and dyches that were made in the meane time shal be throwen downe remoued and vtterly auoyded Sauing vnto vs our rents which we will haue to remaine according to the assises of the Forest The wood which is cut felled shal be remoued and the wood standing shal remaine in the forest and if by chance any such wood yet standing to be solde it shall remaine in the forest and the seller shall satisfie the buyer according to the quantitie of the portion of the wood standing in the forest and so of wood solde in the meane time and euen as he shall take of the same buyer We will also that the Iustice of our Forest or his lieutenant in the presence of our Treasorer and by his assent haue power to take fines and redemptions of them which are indicted of trespasses committed in the forest before this time not inquired of in the Iustices circuit We will more ouer that they which haue had cōmon of pasture in the forest before perambulation made and they which afterwards were denied in the forest and they which haue bin letten of the said cōmon by the perambulation aforesaid shall haue their cōmon of pasture from henceforth in the forest as largely and fréely as they were wont to haue before the perambulation aforesaid sauing our rētes in forme aforesaid c. Teste c. Westminster xxviii day of May. An. 34. E. 1. 32 That the great Charter of the liberties and the charter of the forest be obserued and kept in euerie article And that the olde perambulations of the forest in time of king Edward graundfather to the king that nowe is be from henceforth holden inlike forme as it was then riden and bounden And thereupon a charter to be made to euerie shire where it was ridden and bounden And in such places where it was not bonden the king will that it shall be bonden by goodmen and lawful and that a Charter be thereupon made as is aforesaid An. 1. E. 3. cap. 1. Stat. 2. 24 Wheras diuers people be disherited raunsomed and vndon by the chief kéepers of the forest on this side Trent beyond and by other ministers against the forme of the statute of the great Charter of the forest and against the declaration made by king Edward sonne of king H. in forme following that is to say We will and graunt for vs and our heirs that for any trespas done in the forest of Vert and Venison That the foresters in whose bailiwike such trespas shal be committed shall present the same trespasses at the next swanimote before the foresters verderors regardors agistors and other ministers of the same forest And that such presentmēt be made before the said foresters verderors regardors agistors and other ministers aforesaid aswell by the othes of knights as by other discréete and lawfull men and not suspicious of the parties ioyning néere where such offences shal be presented and where the truth may best and most cléerely be knowen And the truth perfectly knowen then such presentments by the common assent and consent of al the said ministers shal be solempnely written and with their seales ensealed And if any indictment be in any other manner made the same shall be void And therefore because the chiefe wardens of the forest haue not obserued the same hitherto It is agréed and ordained that from hence forth no man shal be taken nor imprisoned for Vert nor Venison vnles he be taken with the manner or els indicted after the forme before specified Taken with the maner is commonly said to be in foure sortes vz Staple stand Dogg draw Backbeate and Bloudie hand For Venison and for Vert in two sorts vz cutting of it and carrying of it away And then the chiefe Warden of the forest shall let him to mainprise til the Eire of the forest without any thing taking for his deliuerance And if the said Warden wil not so do he shal haue a writ out of the Chaūcery which hath bin in old time ordained for such persons indicted to be at mainprise till the eire And if such Warden after he hath receiued the writ do not
to do profitable labours by the discrecions of the driuers aforesaid or of the more number of them Vnprofitable beastes to be killed than the same driuer or driuers shall cause the same vnprofitable beastes and euery of them to be killed the bodies of them to be buried in the ground or otherwise bestowed as no noyance therby shal com or grow to the people there néere inhabiting or thither resorting And it is c. that the Iustices of peace in euery shire ridyng and other place in their quarter sessions to be kept and holden by vertue of the kings commission of the peace to them directed and al stewardes of letes lawdaies in the same letes lawdaies shall haue authority by this acte to enquire of all defaultes contempts omissions and offences contrary to the effects aboue written and euery of them And all presentments thereof to be found in any of the said letes and lawdayes shall be certified by the stewarde or deputie steward or courtholder of the same lete or lawdaye in the next generall sessions of the peace to bee holden in the Countie where such presentment shal bee found or had or vnto the Custos Rotulorum of the same Shire within fourty dayes next after that presentment made which Iustices of peace in their quarter Sessions of the peare shall haue power and authoritie by this acte to heare and determine euery such presentment before themselues found or in any of the saide letes or lawdaies to be presented and certified as is aforesaide as well by examination as otherwise and if any such steward deputie steward or courtholder aforesaid inbesyl or conceal any such presentment or do not certifie the same as is afore written euery of them so offending shall forfait and lose for euery such offence xl.s. the one half of euery such forfeiture and of euery other of the forfeytures afore written to be to the king and the other halfe to the person or persons that will sue for the same before the said iustices of peace in their said quarter sessions by byl or information which Iustices shall haue full power and authoritie by vertue of this act to heare and determine euery such offence aswel by examinacion as otherwise as is before mencioned And be it further enacted by the authoritie aforesaide that no person or persons after the feast of saint Michael the archangell next comming shall haue or put to pasture any horse gelding or mare infected with scabbe or maunge in to or vpon any of the said forestschases moores marishes hethes commons wast groundes or common fieldes vpon paine to forfait for euery horse gelding or mare so infect pasturing in any of the said groundes ten shillings which offence shal be inquirable and presentable before the stewarde in euery lete as other common annoysance be And the forfeiture therefore to be to the Lord of the same lete where the saide offences shall be presented Prouided alway that this act or any thing therein contained shall not extend nor be preiudicall to any person or persons hauing any stoned horse or horses vnder the heightes altitudes aboue mentioned for or cōcerning the hauing or putting any of the saide horses to féeding in or vpon any cōmon or other waste grounds where any mares or fillies be not vsed nor suffered to be fed pastured or kept An. 32. H. 8. cap. 13. Assia de Woodstock ANd note that by the Lawes and statutes of the forest called the statutes of Woodstocke no forester shall walke or make any attachment for matters of the forest except he be a forester sworne for the wordes are these Nec aliquis aliqem attachiat nisi sit forestarius Iuratus that is to say neyther shall any forester attache another man but he that is a forester swarne And also it appeareth by some statutes that no man ought to remaine and abide within the forest being of the age of xii yeres and vpwards but he ought also to be sworne to be trewe vnto the Quéenes Maiesties game of the forest for the wordes are these Omnes etatis duodecem annorum manens in foresta pacem venationis sue Iurent Et clerici laicum feodum tenentes pacem eius Iurent which is that euery man of the age of xii yeares shall sweare the peace of hunting of the beastes of the forest and also Clergimen hauing Lay fée shall likewise sweare the peace of the Quéenes Maiesties wilde beastes of the forest And now for as much as it appeareth by those Lawes that the Inhabitantes and dwellers within the forestes ought to be sworne to bee of good behauior towardes her Maiesties game much more then ought those that are officers of the forest as verderors Foresters Woodwardes and Raungers which haue charge of her Maiesties game especially to be sworne for otherwise by collour of their office they might spoyle her Maiesties game and destroy the same wherefore to the end that those othes may the better be administred vnto such officers by those that haue authoritie thereunto and likewise obserued and kept by them that are compellable by the Lawes of the forest to take the same I haue collected their seuerall othes out of the auncient presidence of forest Lawes and set them downe as hereafter followeth The othes of the seuerall officers of the Forest The othe of a Woodward YOw shall trewly Execute the office of a Woodward of B. Woodes within the forest of W. so long as you shal be woodwarde their you shall not conceale any offence either in Vert or Venison that shal be cōmitted or don within your charge but you shall trewly present the same without any fauoure affection or rewarde And if you do see or know any malefactours or do finde any Déere killed or hurt you shall fourthwith do the Verderors to vnderstand thereof And you shall present the same at the next Court of the forest be it Swanimote or Court of attachments so helpe you God The othe of a Raunger of the Forest YOw shall trewly Execute the office of a Raunger in the purliewes of B. vpon the Borders of the kings forest of W. You shall rechase and with your hound driue backe againe the wilde beastes of the forest as often as they shall raunge out of the same forest into your Purliewes You shall trewly present al vnlawfull hunting and hunters of wild beastes of venerie aswell within the purliewes as within the forest And those and all other offences you shall present at the kinges next Court of Attachementes or Swanimote which shal first happen so helpe you God The othe of a Forester or vnderkeeper in the Forest YOw shall trewly Execute the office of a forester or kéeper of the kinges wilde beastes in the walke called P. within this forest of W. Yon shal be of good behauior your selfe towardes his Maiesties wild beasts the vert of the same forest Yow shal not conceale the offence of any other person either in
Vert or Venison that shal be done within your charge but aswell the same offence as also all attachments you shall present at the next Court of attachmentes or Swanimote which shall first happen to be holden for the same forest and you shall to the vttermost of your power maynteine and kéepe the assises of the forest and in all thinges the kinges right defend concerning the same so long as you shal be kéeper there so helpe you God The othe of a Verderor alias a Veredictor YOu shall trewlie serue our soueraigne Lord the king in the office af a verderor in the forest of W. you shall to the vttermost of your power and knowledge do for the profit of the king so far as it doth apertaine vnto you to do You shal preserue maintaine the auntient rights and franchecies of his Crown you shal not conceale from his Maiestie any rightes or priuileges nor any offence either in Vert or Venison nor any other thing You shall not withdrawe nor abridge any defaultes but shall endeuour your selfe to manifest and redresse the same and if you cannot do that of your selfe you shall giue knowledge therof vnto the king or vnto his Iustice of the forest you shall deale indeferently with all the kings liege people you shal execute the Lawes of the forest and doe equall right and Iustice as well vnto the yoore as vnto the riche in that appertaineth vnto your office you shall not oppresse any person by colour thereof for any rewarde fauour or malice all these thinges you shall to the vttermost of your power obserue and kéepe so helpe you God The othe of the Inhabitantes of the Forest being of the age of twelue yeares as the same hath bene accustomed vsed in auncient time YOu shall trew liege man be vnto the kings Maiestie You shalt no hurt do vnto his beastes of the forest Nor vnto any thing that doth belong thereto The offences of other you shall not conceale But to the vttermost of your power you shall them reueale Vnto the officers of the forest or vnto them that May sée the same redrest All these thinges you shall sée done So helpe you God at the holy dome I haue here set downe the seueral othes of these officers aforesaid to the end that they being coÌ„pellable by the Law to take an othe may knowe what their othe is and so by their othe their office also for it is a learning at the common Law that such officers as doe execute offices in which they shal be forced to take an othe their othe doth either at large or brefely comprehend the whole effect of their office as you may perceiue by examininge of those othes aforesaid It seemeth that where a Verderor or other officer of the Forest hath a right or interest to haue yerely for his see one Buck or one Doe by reason of his office or otherwise in any Forest Parke or Chase that then the same verderor or other officer that hath such right or interest to haue such a Buck or Doe as afore saide may enter into the same Forest Parke or Chase and there kill and take the same at his will and pleasure and may iustifie the same taking and killing of them both by the rules of the common Lawe and also by the rules of the Forest lawes as it shall appeare by these cases hereafter following ANno 2. R. 2. En trespas il est tenus come vn maxime que si ascun home ad interest a ascuÌ„ chose per le graunt ou assent dune auter Fitzh titulo Barr. 237. Parkins fo 28 et le partie que ad tiel interest ne poit auer le principal chose sans faire auter chose que il poit faire le dit auter chose et ceo iustifier eo quod il est le meanes a vener a son profit Car la est tenus que si vn graunt a moy touts ses arbes cressants in son boys ieo poy eux succider carier per tout son terre mesque son herbe soit defoule oue le carrage il nauera briefe de Transgrâ— de ceo Car les arbres soint tiels choses que sils ne deuissent este caries oue carects il ne puit auer eux â—e faire son profit de eux Et le case fuit la Auxsi adiudge que si vn vend touts ses pessons en son stanke et le vendee fowa vn trench issint que le ewe poet currer horse per tiel meanes il puissoit prender les pessons Et le vendor port briefe de trespas vers luy pur le fower et la agard fuit que il recoueroit pur ceo que il puit prender les pessons per rethes ou auters engins Mes si nust este ascuns auter meanes a prender eux Auter vst este Come est la tenus Et pur le vener al banks a pischer il poit bien iustifier Per la forest ley M. 13. H. 7. fo 10. a nota 9 car sans ceo il ne poit eux prender per ascun meanes Issint que home touts faits Iustifiera la necessarie circuÌ„stance lou il ad title al principall chose Et M. 13 H. 7. fo 10. et nota 9. le case fuit tiel En br ' de trespas sur le statute de mistesors in parkes le defendant dit que le pleintife done vn dame male a vn B. il come seruant a le dit B. vient oue luy a le dit parke et per son commaundement luy aide de tuer le dit dame per force de quel il vient et enter in le dit Parke et chase le dit dame et luy tua de quel chase le pleintif ad conceiue cest accion Et loppinion de touts les Iustices fuer cleremeÌ„t que ceo fuit bon iustification Car ils diont que si vn home ad vn garrant pur vn dame male ou female il est congeable a luy de amesuer sez seruantz oue luy de prender le dit dame car autermeÌ„t il serra chase de prender le dame luy mesme le quel nest reasonable per que ils semble le iustification bon quel case bien proue que lou vn home ad intrest al vn dame come vn verderer ad il poit iustifie le prisans de ceo oue son seruants Car auterment si le forester ne voile occider son dame pur luy il ne poit auer son dame Car il nad ascun meanes in la ley a compeller le forester a occider le dame pur luy et donques si le forester ne voile occider le dame ne il mesme puit iustifier al occider son dame demeane Donques la ley ne ad prouide ascun remedie pur luy auener a son dame demeane en que il ad interest et pur ceo la ley nest
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
H. 8. fo 10. que proue qui si ceruus est extra forestam vagrans est loyal a chescū subiect a occider aprender ceo in what place of the forest the same Hart was killed for otherwise it doth not appeare that it was any offence by the Lawes of the forest 3 Thirdly it is to be noted that a Hart proclaimed which is called in Canutus Lawes fera Regalis a Roiall beast being a beast of the most estimation of any wilde beast in the forest yet if he be wandering out of the forest it is lawfull for any of the kings Subiects to kill him without any offence in the forest Lawes 4 Fourthly it is therefore especially to be noted that a forest must haue his limits and boundes within the which the wilde beastes of the forest are to haue a place of firme peace for them to abide in in the safe protection of the king frō the hurt of his subiects whereof the same doth receaue the name of Forest that is to saie a place for the wilde beastes to abide in for rest which by shortnes of speach is called Forest 5 Fiftly that such offences which were committed by any offenders within the forest are to be tryed before the Iustices of the forest only to be punished there by the forest Lawes for as much as there are Lawes appoynted for that purpose differing from all other Lawes 6 Sixtly that if any man be indicted or called in question for any such offences that are done or committed within any forest either in Vert or Venison in any other place then before the Iustices of the forest that then euery such offendor may plaed that matter to the iuridiction of the court where he shall so be called in question and shew vnto them that the offence for the which hee was called in question was done in such a forest and that the Iustices of the forest are to determine that matter only and that no other person haue power nor authoritie to determine that offence Ordinatio Forestae in which is in secund◠pars veterum Statutor fo 67 And further it is manifest that by the Statuit of Ordinatio Forestae it is ordained and appoynted that all offences that are done or committed within the forest either in Vert or Venison shal be presented at the next Swanimote and the statuit doth set down there in what order before whom it must be done that is to saie corā forestarijs viridarijs regardatoribus agistatoribus et alijs eorundem forestarum ministris c. et si in alio modo fiat Indict ' pro nullo penitus habeatur which doth not only shew that all offences committed and done within the forest either in Vert or venison are only to be presented before the officers of the forest but it doth perfectly sett downe the manner how the same shal be done if it be done in any other manner then there is set downe the same shal be voyd by which Statute it is to be gathered that all the procedings against offences committed in the forest in any other place then before the Iustices of the Forest shal be void and that none other haue power and authoritie to procede against offendors in the forest but the Iustices of the forest only Certaine cases and especiall notes meete to be learned of all men that will knowe the nature of wild beastes and who hath or ought to haue any interest or propertie in them All which are things very nesesarie for foresters and officers that doe belong to the forest to knowe ANno 43. Edwardi 3. fo 24. in an accion of trespasse it was holden that the writ shall not say damamsúam cepit 43. E. 3 fo 24. Br. Propertie 10. if he do not saie that it was taken in his park or warren or else say that he was damam domitam which doth proue that if the beast that was taken a way be not a tame beast the plaintife hath not any propertie in him when he is out of his ground for so long as he is in his parke or warren he hath then propertie in him ratione soli 22 〈…〉 Br. Propertie 19. And in Anno 22. Henrici 6. fol. 95. It is holden by Newton that in an accion of trespasse brought quare clausum suum fregit et damas cepit that there he may well saie damas suas and so you may sée that where wild beasts of nature be taken out of my soyl I haue propertie in them so long as they are in my soyle then I may saie Damas suas and when that they are out of my soyle I haue no propertie in them therefore he cannot saie Damas suas 7. H. 6. fo 38. Br. Propertie 20 And in 7. H. 6. fo 38. it is there holden that when sauage beasts of the kinges goe out of the forest the propertie is out of the king so you may sée that the king hath propertie in them when they are in the forest for it is said there that the land maketh the propertie of such wild beasts quod nota for if they be out of the forest of the king or out of the owners parke or warren then capienti conceditur And in 18. E. 4. 14. it is holden there that the deare in a parke which are wild of nature a gift of them is void 18. E. 4. fo 14 Br. Propertie 31 if he to whome the gift is made do not take kill them while they are in the parke for the owner hath propertie in them but ratione soli so that if they be out of the parke the owner of the parke hath no interest or propertie in them 43. E. 3. fo 24. Br. Propertie 37. And in Anno 43. E. 3. fo 24. it is holden that an accion of trespasse quare damam suam cepit doth not lie except the Déere were taken out of his soyl for otherwise he cannot saie damam suā because he hath no propertie nisi ratione soli but it is cōtrarie if it be damam suā domitā cepit for in tame déere the owner hath propertie quod nota diuersitatem for in Bées Foules or Fishes sauage Natura breuium fo 87. there is not any propertie nisi ratione soli Vide Natura breuium fo 87. de Esperuers Cunicles et Feris An. 12. H. 8. fo 10. Br. Propertie 45. And in An. 12. H. 8. fo 10 the case was as followeth a foster of the forest doth pursue followe a hunter that had chased a Hart out of the forest into his owne proper land and there killed him and the Foster of the Forest did pursue him and did take the Hart againe and the other that had killed the Harte brought an Accion of Trespasse de ceruo mortuo capto et asportato and he was barred of his accion for so long as a sauage beast Fishe or Foule is in my land I haue possession
breach of the kings frée chase and therefore you shall do vs to weet 34 Item if there are any manner of rentes or seruices wax or hony due to the king or any of his officers of this Forest that are now behind or withdrawen by whome how long what it is what dammage it is to the King You shall also do vs to wite 35 Item if there be any man that dwelleth about the borders of the Forest which keepeth any strange Greyhound and wayteth when the Kings Deare are out of the Forest and foresetteth the same Deare so that they may not returne home againe and so by that meanes are slayne or hurt ye shal present who he is and who oweth the Greyhoundes that he may be punished for the same accordingly 36 Item if there be any person within the iurisdiction of this Court that keepeth any hounds or Greyhoundes that may not dispend xl s. by the yeare of freehold ouer and aboue all charges according to the Statute which hunteth in the Purleuy as of his owne authoritie you shall present his name the tyme and what dammage he did to the King in diminishing the game at such hunting 37 Item if any Purrely hunter Puraley hunt oftener than thryse in a wéeke or before the Sunne rysing or after the Sunne setting or with other than his owne menyall seruaunts The defence moneth is xv dayes before Midsummer and xv after Puraley or otherwise on Sundayes or in the fence Moneth which is the time of Fawuing and that is accounted xv dayes before Midsommer and xv dayes after Midsommer 38 Item if any Purluy hunter at any time forestall the kings Deare whether it be with dead Hay or with quicke for they ought to let runne at the tayle of the Deare otherwise it is finable as if he did hunt in the forest 39 Item Puraley if any person haue made any Coppies or closure of Purluy in estrayteng of the kings Deere from the Forest to the hurte of the owners or do pinne the beasts of any commoner out of the shire and not put them in open pounde in the Country whether it be in Pawnage time or not you shall do vs to wéete 40 Item if any man gather any Acornes or Crabbes in the Forest and do make sale of them at marketes or else where to the hurte of the commoners and the kings beastes of the Forest ye shall doe vs to weete 41 Item if any man haue stopped or strayted any Church-way Puraley mylle-way or other waies in the Forest or Purleu to the common nusance of the kinges free people and to the hurt of his Deere you shall doe vs to weete thereof 42 Item if any man haue any Milles within the forest which are not repaired as they ought to be you shall do vs to weete Puraley 43 Item you shall present all the Waifes and Straies which hath bene and happened since the last Courte within the forest 44 Item if any man take any agistment in the forest or purleu to the hurt of the kings Deare and the Commoners there you shall do vs to weete 45 Item if there be any man that doth surcharge the common with any manner of Cattell or otherwise more then the law doth suffer acording to the quantitie of his tenure or graunt you shal do vs to wete and of these and al other that you do know to be any offence either in Vert or Venison or against the Lawes of the forest you shall inquire thereof and present the same And there are also many other things to be inquired of which cannot be done without inquest which must be by the suters to the courte and when they are there presented they shal be sealed with the seales of the ministers aforesaid and sent before the Iustices of the forest to the Sessiones And if the presentments be not certified in this order they are void as is aforesaid And thus endeth the Charge The high Court of the Lord chiefe Iustice in Eyre of the Forestes commonly called the Iustice Seat of the Forest FOr as much as the Court of Attachements called the fourtie day Court or Wood-mote and also the Court of Swanimote haue alreadie béene spoken of briefely and also the procéeding in those two Courts against such as are offenders in the Forest in Vert or Venison And for that it appeareth that by the Lawes of the Forest all the procéedings of those Courts for the greatest offences done in the Forest are as nothing vntill such time as they are presented to the Lord Iustice in Eyre of the Forest at the Iustice Seate because that although the offences and trespasses of offenders be presented in the said Court of Attachements And that afterwardes vpon the same presentments the offenders be indicted at the Court of Swanimote according to the Statute of An. 1. E. 3. cap. 8. and according to the Statute called Ordinatio forestae Yet cannot either of the saide Courts of Attachements or Swanimote giue any iudgement of those offences or assesse any fines for the same for that doth appertaine onely vnto the Lord Iustice in Eyre of the Forest to doe at his will and pleasure at the said Court of Iustices Seate And therefore all those Rolles of all such offences as haue passed the court of Swanimote and the Court of Attachements are to be sealed vp with the Seales of the said Verderors and they are to keepe the same Rolles vntill the Iustice Seate and then they are to present the same vnto the Lorde Iustice in Eyre of the Forest And if the said Verderors do not there appeare to bring in their Rolles the first day of the same Iustice Seate then there shall foorthwith go out a write to the Shirife to sease the lands of the said Verderors into the Kings hands vntil such time as they shal come before the Lord Iustice in Eyre and bring in their Rolles as it shall appeare hereafter by sundrie auncient Presidents of the Assises of the Forest And it is to be noted that before the lorde Iustice in Eyre of the Forest do keepe this high Court of Iustice Seate when he hath receiued the Kings Commission for that purpose then the Lord Iustice in Eyre doeth make out his warrant or precept to the Shirife of the same Shire within the which the Forest is where the Iustice Seate shal be holden The Tenor of which write shal be shewed hereafter thereby commaunding the same Shirife to sommon by sufficient sommons all the Archbishops Bishops Earles Barons and Knights and their free tenants which haue any lands or tenements within the bounds of the Forest of our Soueraigne Lorde the King called the Forest of Windsor and also of euery towne and village within the bounds of the same Forest to sommon foure men and the Reue and also to sommon of euery ancient Borough within the bounds of the same Forest xii good and lawful men and also all other free
tunc non expeditatus det pro misericordia tres solidos By these wordes of the Charter aforesaid here are two things especially to be noted The first is that it must be found by the inquisition and view of the Regarders what maner of Dogg it is that is vnexpeditated And who is the owner of the same Dogg that is by Law to be charged with the fyne or amercement for the same The second is that he whose Dogg the same is shall paye for his amercement 3. s. which is certaine Master Hesket fo 27. So that now the certaintie of the fyne or amercement is here specified and declared and who shal be charged with the same But saith Master Hesket it is to be vnderstood that the same 3. s. shal be taken or leuyed vpon the determination of the view and inquirie which shal be done so soone as the regard is made as is aforesaide and their view and inquirie certified of recorde Then if in case that the Regarders by their view and presentment do finde and present one Mastiffe within the forest which is not hameled or expeditated according to the Lawes of the forest And they say further in their presentment quod ignorant ' cuius Canis ille est that is a voide presentment If that there be no other wordes afterwardes to helpe the same but yet neuerthelesse the same dogg shal be taken and kept by the officers of the forest or else auoided away cleane from the forest if no person will claime the same dogg And if that any person do claime the same dogg by Accion of trespasse or repleui or otherwise by matter of recorde as a man may verie well as it séemeth and the same Accion is tryed and thereby proued to be his Dogg that so did claime him Then vpon that tryall and vpon the first presentment the same owner shal be amerced to the King thrée shillings according to the saide Charter of the forest And if the Regarders doe finde and present one dogg vt supra which is the dogg of one Iohn Astile that is a good indictment and the saide Iohn Astile cannot disclaime nor saie that the same is not his dogg generally and the cause is as Maister Hesket Maister Treherne do think by reason of the letter of the Statut which is quod ille cuius tunc inuentus fuerit c. So that if it be there so found by matter of record for the king then Iohn Astyle shall paye his amercement for he cannot counterplede that poynt generally against the presentment or returne of the officers of the king that are sworne And if a man be indited that he did kéepe one Dogg of one Iohn Astyle within the Forest not hameled contrary to the lawes of the Forest If before the Iustices of the Forest he doe plede that the dogg is not his that is no plee without saying to whome the propertie of the dogg is as to Iohn Astyle c. And if the Iurie do finde that the propertie of the dogg is not to the said Iohn Astyle nor yet vnto Iohn Adowne that is no sufficient verdict without finding to what other person the propertie of the dogg was For in that case it is like to a man that is indicted by the Coroner super visum corporis and he doth plede not guiltie and so it is found by the Iury that he is not guiltie yet that is no sufficient verdict without presenting one other person that did the murder which presentment shal be in the nature of an enditement against him so that if he plede not guiltie that is no plee nor yet to finde him not guiltie is not any verdict against such a presentment vt supra If the Regarders doe finde and present such a Dogg at the house or in the house of Iohn A downe within the Forest yet that Iohn Adowne shall not bee amerced by reason of such a presentment But if the Regarders doe find that Iohn Astyle did keeâ—â— such a Dogg within the Forest that is a good presentment for to charge Iohn Astyle with the amercement of that Statute But if the Regarders doe finde and present that Iohn Astyle did deliuer one Dogg to Iohn Adowne to keepe within the Forest and that he kept that dogg there In that case the deliuerer or bayler shal be charged vpon that presentment and amercement according to the saide Charter and not the baylee or he to whome the dogg was deliuered But if the Regarders doe finde and present that Iohn Astyle did deliuer the saide dogg for a certaine time to keepe vnto Iohn Adowne which Iohn Adowne did keepe the same dogg within the Forest not hameled There both the bayler and the baylee shal be amerced But if it be found that the dogg that was so deliuered was a pledge or a morgage for money vt supra there he to whom the dogg was delyuered onely shal be charged of the amercement and not the baylor And if it bee found and presented that Iohn Astyle as a trespasser vi et armis did take the dogg of one Iohn Adowne and did keepe him within the Forest not expeditated Iohn Adowne the owner shal be charged of the amercement not Iohn Astyle the trespasser So it is if it be presented that Iohn Astyle vi et armis doe take the dogg of one Iohn Adowne from him And he vpon that brought a repleuie and that Iohn Astyle so kept that dogg within the forest not expeditated There Iohn Adowne the verie owner of the dogg onely shall be charged of the amercement and not Iohn Astyle that kept his dogg Nowe the letter of the Statute is Det pro misericordia tres solidos So that if it be presented and founde that one Iohn Astyle hath 2. doggs within the Forest not expeditated he shall not be amerced for euerie dogg thrée shillings but onely thrée shillings for all the offence But if two men haue ioyntly or in common one dogg within the Forest not expeditated There euery one of them shal be amerced to three shillings seuerally But otherwise it is if it be founde and presented that the husband and wife haue one dogg by reason that the wife is executrix to him to whome the dog was belonging There the husband only shal be amerced but to three shillings And if it be found by the Regarders of the forest in their inquisition that a Duke an Earle a Baron or any other person of the Realme Spirituall or Temporall doe keepe such a dogg within the Forest vnexpeditated he shall pay but onely the amercement of three shillings according to the letter of the Charter of the liberties of the Forest and not any amercement according to his dignitie and degree as they doe at the common lawe But if such a great person of dignitie or honor be presented and indicted for the keeping of such doggs before the Iustices of the Forest there they shal be out of the remedy and Priuiledge