sit virid ' so that if an offender haue bene taken with the manner offending in Vert in the Forest Verte and haue bene deliuered by two pledges for that offence and likewise for the second time offending by foure pledges and afterwardes for offending againe the third time haue bene deliuered by 8. pledges according to the saide article then if he he taken with the manner doing of a trespasse in the forest in Vert the fourth time his body shal be detained in Prison according to the said assises of the forest Scilt ' postea post tertium Attachiament ' corpus debet attachiare et retinere c. And then he that is so attached by the body imprisoned he shall not be deliuered out af Prison Who may bayle an offeÌ„der Imprisoned in this case or be bayled without the kinges especiall warrant for that purpose or that he be bailed or deliuered out of Prison by the Lord chiefe Iustice in Eyre of the Forest or by the chiefe warden of the Forest for otherwise he that is so imprisoned as is aforesaid no officer of the forest may deliuer him out or to mainprise 2. Degree assisa Forestae Articulo 4. THe second degrée of such offenders as are to be attached by the bodie only is specified in the saide assises and customes of the forest Art ' 4. in these words Si quis inuentus fuerit in dominico domini Regis assertando vel purpresturam faciendo corpus debet protinus retinere so that if any man be found or taken with the manner Vert. making of purpresture in the demeasne woodes of the king his bodie shal be foorth with taken and after that he is so attached by the bodie he shall be detained in Prison for the same offence and then he shall not be deliuered out of Prison or bailed without the kings especial warrant Who may baile an offender in this case or by the Lord chiefe Iustice in Eyre of the forest or by the chiefe Warden of the forest for in this case no other person can deliuer him by bayle or otherwise 3. Degree THe third degrée of such offenders is also declared in the saide assises of the forest in the fourth article in these wordes Si autem extra dominicum infra rewardum debet poni per sex plegios et si alias inueniatur debet duplicare eius plegios Vette si tertio corpus debet retinere so that if a man he found in the Forest asserting or making of Purpresture out of the kings demeasne Woodes For the first offence be is to be deliuered by sixe pledges And if he be found offeÌ„ding so again the second time Who shall baile an offender in this case then he shall double his pledges But if he be found so offending againe the third time then he shall be attached by his bodie and shal be detained in prison and shall not be deliuered or bailed out of prison but as is beforesaid and not otherwise THe fourth degrée of offenders in the Forest in this case 4 Degree Assisa Forestae Articulo 5. is expressed declared in Assisa Consuetudines Forestae articulo the first in these wordes Si quis attachiabilis fuerit contra vadios et plegios debet distringi per cattalla sua infra metas Forestae inuenta si autem defecerint corpus eius detineatur quosque fecerit quod debuerit In this case Vert. if any person that hath bin an offender in the Forest in Vert and being therefore bound to the good behauiour of the Forest and afterwards the said offender committing the like offenee in the forest againe and being taken with the manner and hauing no Cattell in the Forest that may be attached by for the same offence then his bodie is to be attached and to be detained in prison vntill that he haue done that which by the Lawe he ought to doe Who may baile an offender in this case And such an offender is called contra vad'et plegios because he doth now offend contrary to his pledges suerties such an offender shal not be deliuered out of prison by meanes or by any other person then is aforesaid THe fift degrée of offenders in this case is for Veuison 5. Degree Assisa Forestae Artic. 10. 11 which is declared in Assisa et Consuetudines Forestae Articulo 10. in these wordes Si quis ceperit feram sine Warranto in Foresta corpus suum arestetur vbicunque inueniatur infra metas Forestae et quando captus fuerit non deliberetur sine speciali precepto domini Regis vel capitali Iusticiar ' Forestarum suarum and againe in the same assises in the 11. Venison Article in these wordes Si quis viderit aliquos malefactores infra metas Forestae aliquam feram capere vel asportare debet illos capere secundum posse suum et si non possit debet leuare hutesium Crie c. Note the word is â—â—â—a a wild beast In which cases if any offender be taken with the maner killing of a Déere in the Forest or carying of the same away without a good warrant so to do then such an offender in this case is to be attached by his body and to be imprisoned and there to be detained vntill such time as he bee deliuered out of Prison by the kings especiall commaundement Who may baile an offender in this case or the commaundement of the Lord chife Iustice in Eyre of the Forest or by the chiefe Warden of the Forest for no other person may deliuer him or let him to mainprise 6. Degree Anno. 1. E. 3. cap. 8. THe 6. degrée of such affenders in the Forest as are to be attached by the bodie only without pledges or mainprise is set downe and declared in the Statute of Anno 1. E. 3 cap. 8. and this is either in Vert or Venison in these wordes It is agréed and ordained that from hencefoorth no man shal be taken nor Imprisoned for Vert nor Venison vnlesse he be taken with the manner or else indicted after the forme specified and declared in the same Statute So that it doth apeare plainly by the very words of the same Statute Vert Venison Vide the Statute Anno. 1. E. 3. ca. 8. that if an offender in the Forest either in Vert or Venison be indicted after the same forme and manner mentioned and declared in the said Statute and before such officers as is there appoynted that then if such an offender be attached by the Forester or by the Shirif by his bodie as he by the Lawe ought to be hauing a warrant for that purpose from the Lorde chiefe Iustice in Eyre of the Forest to attache suche an offender or from the cheife Warden of the Forest or his Lyeutenant then his bodie is to be retained stil in prison and then he shal not be mainprised nor let to bayle by
any person vnlesse it be by the speciall commaundement of the king or by the Lorde chiefe Iustice in Eyre of the Forest or by the chiefe Warden of the Forest And in the very like manner it is where an offender in the Forest is outlawed for the same offence and his bodie is attached by the Shirife by Capias vtlagatum And this you doe sée that there be sixe degrées of offenders that are to be attached by the body only without pledges or mainprise And note this for a speciall learning that in euery case where the offender is to be attached by the body onely without Pledges or mainprise Where the offender is to be attached by the bodie only without Pledges or Mainprise there the Verderors nor Foresters may not bayle the offender 1. E. 3. cap. 8. as in the foresaide sixe degrées there such an offender is not to be bailed by the Verderors nor by the Foresters nor by any other minister or officer of the Fofest vnlesse the same be by the Kings speciall commaundement or by the Lorde chiefe Iustice in Eyre of the Forest or by the chiefe Warden of the Forest Sée the wordes of the saide Statute and note them well for they are as followeth vz No man shal be taken nor imprisoned for Vert nor Venison vnlesse he be taken with the maner or else indicted after the forme before specified and then the chiefe Warden of the Forest shall let him to mainprise till the Eyre of the Forest without any thing taking for his deliuerance And if the chief Warden wil not so do he shal haue a writ out of the Chauncery which hath ben in old time ordained for such persons endicted to be at mainprise til the Eyre And if such a chief Warden after that he hath receiued the writ doe not incontently deliuer such persons endicted to mainprise without taking any thing then the plaintife shall haue a writ out of the Chauncery to the Shirif to attache the said Warden to be before the king at a certaine daie to answer wherefore he hath not repleuied him that is so taken and the Shirife the Verderors being called 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 aunswere in the Eyre of the Iustices And if the chiefe Warden be thereof attainted the plaintife shall recouer his treble damages and the saide Warden to be committed to prison and raunsomed at the kings will And from hencefoorth it shal be written to them as to the chief Wardens of the Forest Because they may not be Iustices nor haue any record but here in this case the Shirife doth let him to mainprise by the kings commaundement that is to saie by the kings writ for otherwise the Shirife might not so do And the Verderors in this case are but assistantes to the Shirife for they doe not ioyne in authoritie with the Shirife in letting of him to mainprise for they haue no such commission rō authoritie for the writ is directed to the Shirife only and not to the Shirife and Verderors but it is contained in the same writ that the Shirife shall let him to mainprise in presentia viridariorum because that the Verderors being Iudges of record the names of the mainpernors be deliuered vnto them And this much concerning attachments and the repleuing of persons that are attached How men that are baylable shal be baied and by whome Now it is to be séene how this band by Pledges shal be taken and by whome And therefore first of all it is to be noted that in all cases where any offender is to be attached by his goods and cattals which is the first manner of attachements or els to be attached by his bodie by Pledges and mainprise which is the second manner of attachement The most méetest Officers to take bonde of such offenders in the cases aforesaide in the which they are by the Law to be bayled are the Verderors and that for two causes The first is that for as much as the saide Verderors are Iudges of Record and haue the keeping of the rolles for matters of the Forest vntil the comming of the Lord Iustice in Eyre of the Forest therefore if the Foresters do take any offender with the maner offending in Vert in the Forest they are to attache him by the body and to bring him before the Verderors and then they may take a Recognizance of the offender and his Pledges to answere the same offence in the Eyre of the Iustice of the Forest because they are Iudges of Recorde and therefore they may take a Recognizance in this case and so may not the Foresters do for they are no Iudges of Recorde but accusers of offenders presenters of offences done by others in the Forest before the saide Verderors The second cause is for that that the saide Verderors are men that of necessitie must be learned and well practised in the knowledge of the Lawes of the Forest and such offenders must be bayled and Mainprised according to the qualitie degree of their offence in some cases by two Pledges and in other some cases by foure sixe or eight Pledges And in some other cases the offender is not to be bayled at all by the said Verderors or Foresters as it hath beene already shewed before nor yet by any other person but onely by the Lorde chiefe Iustice in Eyre of the Forest or by the chiefe Warden of the Forest And then if the Foresters or other Officers of the Forest that are ignorant of the Lawes of the Forest should take vpon them to bayle such offenders no doubt but great inconueniences would ensewe thereby aswell vnto the King as also to the offenders themselues And therefore such offenders are most meetest to be bayled by the foresaid Verderors to the ende that the saide Verderors may bayle them according to the verie Lawes of the Forest And for that cause the Lawe hath prouided and appointed a Stewarde that must be learned in those Lawes to ioyne with them and to direct them in their proceeding according to the same Law And when such offenders are Bayled before the said Verderors then the same Verderors are to keepe the same Recongnizance for the Kings vse vntill the comming of the Lord Iustice in Eyre of the Forest and also to cause the Forester to present the same offence in the same nature as it was done and then such presentments to be entred in the Rolles of the Verderors accordingly Whereas if the Foresters when they haue arrested such an offender might Bayle such offenders themselues at their owne wil pleasures without the Verderors there might be great parcialitie vsed therein and many grieuous trespasses concealed from the King and neuer any presentment made thereof before the Verderors at the Court of Attachements or at the Swanimoce Court Obligations taken to the
holders that ought to apeare before the Iustice in Eyre of the Forest and that they shal be before the same Lord Iustice in Eyre at Windsor on Monday next after the Feast of S. Peter the Apostle or at such day as the Lord Iustice in Eyre shall appoint in the same warrant for to sit and holde plees of the Forest And furthermore to commaund the same Shirife that throughout all the whole libertie of the same Shire aswell in all the auncient Boroughes and other townes as also in all Faires Markets and other publike places that he shall openly proclaime or cause to be proclaimed that al maner of persons whatsoeuer they be which claime to haue by the Charter or Charters of our Soueraigne Lord the King or of any of his auncestours or progeuitours or by any other wayes or meanes any liberties or fraunchises or free customes of the Forest within the saide Forest of Windsor that they shal be before the Lord Iustice in Eyre or his deputie at the day and place mentioned in the same Warrant to shewe what liberties they do claime to haue in the same Forest And that all manner of persons that are attached for Verte and Venison within the Forest aforesaide after the last plee of the Forest holden before the Lord Iustice in Eyre and also that all Pledges and Manucaptors which haue day by their Manucaption before the Iustice of the Forest of our Soueraigne Lord the King at his next comming into the Forest to holde his Iustice Seate that they be before the said Lord Iustice in Eyre at such a day as is mentioned in the said Warrant to the same Shirife readie to fulfil and do those things which by the Lawes of the Forest they ought And that the same Shirife with his Bailifes be there also to certifie the said Lord Iustice in Eyre of the premisses and also to execute the office of a Shirife in these and such like matters concerning the same And it is to be noted that the Lord Iustice in Eyre must alwayes by their precept as aforesaide giue day by the same precept of Sommons so that all men that are to be sommoned by it may haue fourtie dayes warning at the least of the same Iustice Seat by the Shirifes Proclamation And when the Lord Iustice in Eyre is come to the place appointed according to the Proclamation and that he is set in his iudiciall Seate and those that are in commission with him then after the Commission is read and the officers of the Forest called then the Freeholders of the same Forest shal be called also and all others that were warned to appeare there at that day and then out of those freeholders and others there is chosen a most substantiall Iury of xxiiii or xx or xviii of the discreetest men And they shal be sworne that they shall truely inquire and true presentment make of all such matters as shal be giuen them in charge And then to the intent that the Kings most excellent Maiestie may the better be certified what offences haue beene done in the Forest in any degree since the last Seate of the Iustice and also how those offenders haue bin prosecuted fauoured or punished by the officers of the Forest whome the King doth trust in that behalfe and that the King may likewise know what officers of the forest haue wel dutifully discharged their office as they ought to do The Lord Iustice in Eyre or some man learned in the Lawes of the forest by his apointment shal giue vnto the fame Iury a charge which charge in effect doth comprehend briefely he whole scope of the Lawes of the Forest which is as followeth The Charge of the Lord Iustice in Eyre of the Forest that he doth giue at the Iustice Seate FIrst yée shall inquire of all attachementes made since the last Sessions as well of Vert as of Venison and aswell in the Demesne Woodes of our Soueraigne Ladie the Quéene as in any other place within the boundes of the Forest by whome such attachementes were made and how they were made and whether there hath bin any hunting within the boundes aforesaid and if any such hath ben then by what person it hath so â—en and who hath béene consenting or agréeing to the same that is to saye the Foresters or any other and what they haue beene that haue hunted with warrant who without and how often when and where the same was 2 Ye shall also inquire where there hath béene any attachement made by night and who they were that hath béene so attached and by whome they were attached 3 In like manner you shall inquire what attachementes hath bin made in Fence time aswel of those persons that haue offended as of others suspected and of all others found in the Forest serching and going after a suspected maner 4 You shal further inquire if there haue bin any asserts wastes or Purprestures newly made since the last Sessions or before not presented other then such as hath beene made by grauntes or licence of the Quéenes Maiestie or any of her progenitors and within whose Fee the same hath beene or is so made that is to saie in the Kings demesne landes or in the landes of any other and who hath so made them or any of them and who doth nowe holde the same and how they be inclosed and how much the same doth containe by the number of Acres 5 Item you shall inquire if there be any person or persons that hath or haue inclosed any quantitie of ground what soeuer it bâ— adioyning or bordering vpon the Forest and thereby inlargeth his or their own ground in setting out of their hedge or hedges ditche or ditches and so streighteneth the Queenes Forest yee shall present his or their names and the quantitie of the grounde so inlarged 6 Ye shal further inquire if any person or persons hath or haue raised vp or taken away any marke or bounde of the Forest if any hath so done ye shall present his or their name or names and the daie and time when it was done 7 Yee shall further inquire of the bandes and limites of all Bailiwikes within the Forest and how and after what manner they be bounded and how euerie of the saide Bailifes and Fosters haue vsed to keepe and walke and what they and euerie of them do claim to apertaine to his or their office or offices and what they do take by reason thereof and by what warrant the same is done 8 Item if any person or persons hath or haue made any Myne Delphe or Coale stane Claye Marle turfe Iron or any other Myne you shall present his or their name or names and the place where the same is so done 9 Also you shall inquire whether any Tanner or White tawer doth dwell within the precinct of the Forest and do vse their faculties there yea or no. 10 If any persoÌ„ or persoÌ„s haue newly builded or made any
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
séeme that one principall cause of the making of this Law was that for as much as K. Henry the Second graund father to King Edward the First had afforested the Lands and Woodes of diuers persons which were not the Kings owne demeasne Woods as it doth appeare by the first Article of this Statute and all those are there appoynted to be dissaforested againe and so to be put cleane out of the Forest Nowe this Seconde branche or Article is as it were an especiall prouision thiefly for them that then were dwellers in those places which some times were within the Forest and yet by this Statute put out of the Forest that they being out of the boundes of the Forest should not be compelled to come before the Iustices of the Forest at their generall Sessions by this generall Summons as they were wont to do vnlesse that they be Pledges for same other person that is an offender or that they be there impleaded for any plee of the Forest or that they be attached by any Minister of the Forest to appeare before the Iustices for the same offence of the Forest And it is to be vnderstood that this branch of the Statute is deuided into two partes that is to saye concerning those that do dwell without the Forest and those that do dwell within the Forest for in some cases those that do dwell out of the Forest ought to appeare before the Iustices of the Forest by reason of the generall Summons notwithstanding the wordes of the Statute aforesaid And againe in some cases they that do dwell within the Forest shall not be compelled to appeare before the Iustices of the Forest by the generall Summons notwithstanding the words of the Statute aforesaid And in some cases they shall appeare by other Proces than by generall or common Summons And as concerning the first deuision which is of those that do dwell out of the Forest and yet they are compellable to come before the Iustice of the Forest by this generall or comon Sommons notwithstandind the words of the Statut aforesaid It is to be vnderstood that if any person which do dwell out of the Forest haue any libertie or franchises within the forest for the which he is to put in a Claime before the Iustices of the Forest then such a Forrener or dweller out of the Forest must of necessitie appeare before the Iustices of the Forest must of necessitie appeare before the Iustices of the Forest by this generall or comon Sommons there to preferre his Claime for the same liberty or priuiledge at the first daie of the Sessions of the Forest notwithstanding the wordes of the saide Statute or otherwise his Claime shal be seysed into the handes of the King for non Clamer of the same Non clamer is cause of seisure And in like manner it is if one that doth dwell out of the Forest haue a profit aprender out of any land within the forest or any office within the Forest or any other Priuiledge or liberty then he must of necessitie appeare before the Iustices of the Forest at the first daie of the Sessions there put in his Claime for the same and so he is bound to take notice of this comon or generall Sommons and thereby to appeare although that he doth dwell out of the Forest not withstanding the wordes of the Statute aforesaide or else the same office priuiledge or libertie shall be seysed into the handes of the King for non Clamer of the same So it is if a man haue two houses the one of them within the Forest and the other of them is out of the Forest and the owner of them is resiant and dwelling some times at the one and some times at the other so that he is peraduenture resiant and dwelling out of the Forest at the time of the Sommons of the Sessions of the Forest yet notwithstanding such an owner ought to appeare before the Iustices of the Forest by this common Sommons Master Heskēt in his reading fo 7. notwithstanding the words of the Statut aforesaid as it appereth by Master Hesket in his learned reading of the Lawes of the Forest And now as to the Second deuision of the saide Statute concerning those that doe dwell within the Forest and yet they shall not be compelled to appeare before the Iustices of the Forest vpon the comon Sommos aforesaid It is to be vnderstood that all manner of persons dwelling within the Forest and being vnder the age of 12. yeares although that they be inheritors of landes within the Forest yet they are not compelled to appeare before the Lorde chiefe Iustice in Eyer of the Forest at the generall Sessions by reason of this comon Summons aforesaide And in like manner all manner of persons that are dwelling within the Forest being either Lame Sickly or else blinde they are not to be forced to appeare before the Lorde chiefe Iustice in Eyer of the Forest by this comon Sommons aforesaide Vide the Statute of Marlebridge An. 52. H. 3. ca 24. And all manner of persons that are of the age of 70. yeares and vpwardes they are not to be forced to appeare before the Lorde chiefe Iustice in Eyer of the Forest by this generall Sommons although that they do dwel within the Forest notwithstanding the wordes of the Statute aforesaide for they are prouided for by the Statute of West the Second Cap. 38. Vide the Statute of 13. E. 1 ca. 37 If any man that is dwelling within the Forest and the same person is imployed in the seruice of the King in some other place so that he could not by reason thereof appeare before the Lorde chiefe Iustice in Eyer of the Forest he may haue his writ called Warrantia diei for to excuse his apparance before the Iustice of the Forest If any Archebishop or Bishop haue lands within the Forest the said Archebishop or Bishop him selfe in his owne proper persone shal not be forced to appeare before the Lord Iustice in Eyer by reason of the general or comon Sommons Heskēt fo 8 and yet note the wordes of generall Sommons are these Precipio quod Sūmoneas per bonos Sūmonator ' omnes Archiepiscopos Episcopos Abbates Priores Comites Barones Milites et eorum liberi tenentes qui terram aut tenementa habent infra metas Forestae domine Regis c. But all spirituall persons are exempted to be compelled to be put in Iuries by the Statut of Marlebridge ca. 24. But yet their Frée tennants shal apeare by reason of this general Sommons An. 52. H. 3 ca. 24 if they do dwell within the Forest or else they shal be amerrid Also all Earles and Barrons which haue landes within the forest and they do dwell out of the Forest they themselues shal not be compelled to be before the Lord Iustice in Eyer of the Forest by this generall Summons Treherne in his reading page
8. but it shall suffice if their Frée tenentes do appeare there although the wordes of the writ be to Sommon the Earles themselues et eorum liberi tenentes as it doth appeare by Master Hesket in his reading fo 8. but Knights and â—l â—ther Free tenantes which do dwell within the Forest they shal be forced to appeare before the Lorde Iustice in Eyer of the Forest by this comon Sommons Master Hesket in his reading fo 8. or they shal be put in inquests there so shal not Earles Barons nor other Lords of high estate for they shall not bee compelled to bee sworne vpon enquâ—stes them selues for any maner of triall there And the lâ—ke Law is for wâ—men that are francke tenantes within the Forest for they them selues shall not be compelled to be put vpon any enquestes Furthermore the Seruantes of any man dwelling within the Forest shall not be compelled to appeare before the Iustices of the Forest by this general Sommons mentioned in this Statut for it shal be sufficient for the Master of such a Seruaunt him selfe to appeare and not his Seruaunt quia illi sunt sub manu pastu alterius coram Iusticiarijs nostris de Foresta But all Archebishopes Bishoppes Abbotes â—riors Earles and Barons and all other of what estate or degrée soeuer they be which doe claime any liberties freedomes preuilidges or other Free customes within the Forest they must appeare before the Iustice of the Forest by this generall Sommons to make their Claimes for the same or otherwise the same liberties freedomes and customes shal be seyâ—ed into the handes of the King for non Clamer of the same but they need not to appeare in properperson but by their Attorney All Râ—ghtes and those that be Free-holers which do dwell within the bounds of the Forest Vide ante fo 76 assisa Lancast and also all those that be franckâ—tenantes of any landes within the Forest and although they be Spirituall persons and do dwell out of the Forest yet they shal be compelled to appeare before the Iustice of the Forest at the generall Sessions of the Forest by â—hâ—s generall Sommons notwithstanding the wordes of the Statute are qui manent extra Forestam for although that they do dwell out of the Forest yet because that they haue landes within the Forest the lawe doth acompt them resiant where their lande is in that respect for otherwise the Sessions could not be holden What persons shal appeare in proper person and what persons by Atturney nor Iustice done in the tryall of liberties and other things there concerning the Forest And it is to be vnderstood that all maner of persons that do dwell either within the Forest or out of the forest if they are to appeare at the Iustice Seate or generall Sessions by any such Sommons in respect of their Landes that they haue within the Forest to serue there vpon inquestes then those persons are to appeare in proper person onely and not otherwise And all manner of persons which do appeare before the Iustice of the Forest to make any Claime there for any manner of liberties or priuilidges those persons may appeare there either in proper persone Those that do make any clame may appeare by Atturney or by their Atturny whether they will at their election I do finde by the assises and Iters of the Forestes of Lancaster and Pickering that men that are impleaded for trespasses which are done in the Forestes may make their apparance in foure sortes which are as followeth Somtimes In proper person By Attorney By Garden By Prochein amy IT séemeth by Maister Hesket in his reading of the Lawes of the Forest that vpon any Bill presentment or Indictment for trespasses done in the Forest the defendant may appeare by an Attorney or in proper person at his election to aunswer the same trespasse But I do thinke that he doth meane by that apparance by an Attorney to be at the Court of Attachementes or at the Swanimote Courte and not at the Iustice Seate before the Lorde chiefe Iustice in Eyre For as I do take it euery offender that is bounde to appeare there to aunswer any trespasse of the Forest he must appeare in proper person and not by any Attorney For although the same be but a trespasse yet in this trespasse the King is a partie 20. E. 3. and it is holden for Lawe in 20. E. 3. fo that in trespasse where the King is a partie the defendand must appeare in proper person and not by Attorney and so a difference is there taken And also all offenders that are bounde to appeare at the Iustice Seate which haue been presented at the Swanimote Courte before as they ought to be they do stand conuicted in Lawe so that they are then past aunswering of their offence in that place But if any trespasser in the Forest after the Courte of Swanimote was holden and before the Iustice Seat be kept haue done a trespasse in the Forest in Vert or Venison In proper person and the same being presented at the Iustice Seat before the Lord Iustice in Eyre of the Forest the same offeÌ„der hearing of it doth repaire to the same Iustice Seate and there doth appeare in proper person gratis he may then trauerse the same presentment if he will For as yet this shall not be saide to be presentatumper Forestarios et conuictum per viridarios By an Atturney vnlesse the same were done at a Swammot according to the ordinance of the Forest made in Anno 34. E. primi But in this case the defendant may appeare by an Attorney if he wil so by his Attorney he may be allowed his trauerse to the presentment against him If an Infant be impleaded for any trespasse of the forest before the Lord Iustice in Eyre of the Forest the same Infant may appeare in proper person at the same Iustice Seate Per Garden there declare vnto the court that he is an infant within age and pray the said Lord Iustice in Eyre that I. P. may be allowed his Garden to plead for him in this case which the courte wil allow him so to do or else in this case if the infant do not appeare himselfe in proper person but doth send the said I. P. which declareth vnto the court that William Blunt which is here impleded is an Infant within age and prayeth that he may bee receiued as his Garden to plead for him Then the Court will admit him therevnto And in like manner it is where an Infant hauing chosen his Garden Per procheine amy which Garden is sicke or otherwise will not or cannot appeare at the Iustice Seate before the Lorde Iustice in Eyer of the Forest to answer for such an Infant that is there impleaded before the Lord Iustice in Eyer of the Forest Then if the saide Infant doe appeare before the Lorde Iustice at the saide Court and there
their pleasure which were against all reason that he that hath the charge of all the Realme and the publike weale therof for our defence should not haue that prerogatiue to reserue vnto him selfe such things as are meete for the pleasure of a Prince in such places as they may be found for his consolation and comfort but all manner of wilde beasts of what kinde soeuer they be if they be found at large out of defensiue places as out of Forests Chases Warrens Parkes and Purliewes then Capienti conceditur that is they shal be said to be theirs that can take them But so long as they are in such defensiue places they are the kings or the owners of the ground as it hath béene shewed before fo 61. Ante fo 61. Now because the words of the Statute are Et qui de cetero vastum Purprestu ram vel assartum sine c. IT is necessarie to see what thing Purpresture is what thing Assart is and also what is Wast Purpresture And therefore it is to be vnderstood that purpresture is most properly where any man doth vsurpe or wrongfully medleth with any thing that he hath no right 3 Branches of Purpresture title or warrant by the Lawe to haue or to meddle with the same and there are thrée braunches of them that is to saie Purpresture against the King and a common person Purpresture against the King and the common weale And Purpresture against the King only and no other common person 1 Purpresture against the King a common person is where any person hath a certaine close in the Kings Foreste lying vpon the wast soyle of any Lord of a Manner and he that is owner of the same close doth incroch vpon the wast soyle of the same Lord and so thereby inlargeth his owne ground and taketh in the wast soyle of the same Lord which he hath no right nor title so to doe this is Purpresture against the King to new inclose ground that was not inclosed before so thereby the Kings wild beasts are restrayned of their Frée passage more then they were woont to be and this is also Purpresture against the Lorde of the Manner for as much as the saide owner of the close hath wrongfully taken in and inclosed the wast sayle of the said Lord of the manner 2 Purpresture against the King and the common weale is where any man doth build a house or a wall or a hedge or a ditch in any common high way◠or lane or passage within the Kings Forest so that by reason therof the Kings subiects nor his Deere can haue their quiet Frée passage as they haue had in times past this is Purpresture against the King and also against the Common weale for as much as the same is an anoyance to all the Subiects of the Kings 3 Purpresture against the King onely is where any person within the Forest of the King doth build a dwelling house or any other house where there hath not beene any house before that time although the same be in his owne ground if it be done without the licence of the King or the Lord Iustice in Eyre of the Forest this is a Purpresture done against the King for that the same is a new incroching of a thing that was not before and euery such newe erecting of any house in the Forest is Purpresture for the same is ad terrorem ferarum and ad nocumentum ferarum And so you may sée that where any man doth incroch any thing vnto himselfe being within the Forest either vpon the King or vpon any other person without any good or lawfull warrant for the same then the same is called Purpresture and if any man with out good warrant or title do take vpon him any iurisdiction or frāchise within the Forest that is a Purpresture of the Forest Also if any man do holde any Faire or Market without the graunt of the King or lawfull prescription the same is Purpresture And the very like is if any man do take in or inclose any of the wast soyle of the King within the Forest or doe builde any Swynecoat or houell vpon the wast soyle of the King or any other man or vpon his owne grounde where there hath not béene any before that time the same is Purpresture Inuenies in libro rubro Scaccarij titulo Accidētibus quod Purprestura fit interdum per negligentiam vicecomitis vel ministrorum regis Vnde dicitur Purprestura vel per continuationem in longa tempora vel bellicam tempestatem vt qui habitant prope fundum coronae vel adiaciantur aliquam eorundem portionē sibi vsurpant et suis portionibus ascribant cum autem perlustrātes Iudices per sacramētum legittimor ' viror ' compartum fuerit apreciantur et vic traduntur vnde seorsum respondeat et hanc dicimus Purpresturam vel occupationem iniustam And it appeareth by Glanuil in his booke de legibus Angliae in titulo de Purpresturis that Purpresture is properly when any thing is taken or done by wrong vpon the Kinges high waye as in stopping or turning of the common Water course from their right course Or when any person doth set vp a House in the kings Cytie vpon the Kings ground And so generally when any thing is by wrong incroched vpon the King or his tenauntes the same is Purpresture and all such Plees saith Glanuil doe belong to the Kings Crowne The payne thereof is that the offender shal be gréeuously amerced and the Purpresture shal be destroyed or else arented at the will and pleasure of the King But if the King will haue the same to remaine still then the valew thereof shal be inquired by an inquest and so the King shall bee answered of the valew thereof But it appeareth further by the said booke that if any such offender be dead his heire shall not be charged of the amercement And this much concerning Purpresture Now it is to be seene what is ment by this worde Assartes And what by this worde Waste ANd for that it appeareth by the said redd booke in the Exchequer quod assarta vero occasiones nominantur quando scilicet Forestae nemora vel dumeta pascuis et latibulis oportuna succiduntur quibus succisis et radicibus a vultis terra subuertitur et excolitur So that it appeareth by these wordes that if any Woodes or Vnderwoodes or other couertes of the Forest as Heath Broome or Fearne and such like be cut downe plucked vp by the rootes so that the busshy landes or Woodes or couertes be thereby made plaine and become erable land or pasture M. Hesket fo 20. Then that is called assartes or land assarted although that the owner of the same receiue no profit by it And it is said for Lawe by Master Hesket in his learned reading of the Lawes of the Forest that if a man haue Medowe or Pasture
trespas and thrée yeares imprisonment and after shall make fine at the kings pleasure if he haue whereof and then shall find good suretie that after he shall not commit like trespas And if he haue not whereof to make fine after three yeres imprisonment he shall finde like suertie and if he cannot finde like suretie he shall abiure the Realme And if any guiltie thereof be fugitiue and haue no land nor tenement sufficient whereby he may be iustified so soone as the king shall finde it by Enquest he shall be proclaimed from County to County and if he come not he shal be outlawed It is prouided also and agréed that if none do sue within a yeare day for the trespas donc the king shall haue the suit And such as be found guiltie thereof by lawfull inquest shal be punished in like manner in all points as aboue is said and if any such trespassor be attainted that hée hath taken tame beastes or other thing in his parkes by maner of robberie in comming tarying or returning let the common law be executed vpon him as vpon him that is attainted of open theft and robberie aswel at the suit of the King as of the party West 1. ca. 20. An. 3. E. 1. 19 If any Forester parker or warrenor do finde any trespassor wandering within his libertie intending to doe dammage therein and that after hue and crie made to him to stand vnto the peace will not yeeld himselfe but doth continue and execute his malice and disobeying the kinges peace doth flie or defend himselfe with force and armes although such foresters parkers and warrenors or any other comming in their companie and ayding such foresters parkers and warrenors in the kings peace do kill any offendor or offendors being so found either in arresting or taking them or any of them they shal not be arraigned vpō the same before the king and his Iustices or before any other the king his Bailifes or any other within any franchise or without nor shall léese for so doing either life or limme or suffer any other punishment but shall enioy the kinges peace as they did before Notwithstanding let all such foresters parkers warrenors and all other beware that by reason of any malice discord debate or other euil will had before time they do not lye nor maliciously pretend against any person passing through their liberties that they came thither for to trespas or misdoe when of trueth they did nothing nor were not found as trespassors and so kill them for if they do and be conuict thereupon the death of such persons shal be inquired and execution shal be done in like maner as is done for other of the kinges subiects standing in his peace and like as it ought to be done of right according to the law custome of the Realme Statute of Trespassors in Parkes An. 21. E. 1. 20 Whereas certaine people that bée put out of the forest for the purliew and by the great men haue made request to our soueraigne Lord the king at his parliament that they might be acquited of their charge and of things that the foresters demaund of them as they were wont to be Our soueraigne Lord the king aunswered First that where he had graunted purliew that he was pleased that it should stand in like maner as it was granted albeit that the thing were sued and demaunded in an euil point Neuerthelesse he willeth and intendeth that al his demesne lands wheresoeuer they be that haue bin of the Crown being returned by way of escheat or otherwise shall haue estate of frée chase and frée warren and in such maner shal be saued and kept to his vse for all maner of escheates and for all maner of thinges that pleaseth him And in right of them that haue lands and tenements disaforested for the said purliew and such as demaund to haue common within the bounds of forests The intent will of our soueraigne Lord the king is that from henceforth where purliew is they may claime to be quite of charge of the forestes And whereas the kings beasts cannot haue their haunt and repaire vpon the forest ground as they had so long as they were within the forests that such folke shall not haue common nor other easement within the boundes of the woodes nor of the landes the which remaine in forest but if any of them that be disaforested by the purliew would rather be within the forest as they were before then to be out of the forest as they be now It pleaseth the king verie wel that they shal be receiued thereunto so that they shall remaine in their auncient estate and shall haue common and other easement aswel as they had before Wherevpon our Soueraigne Lord the king willeth and commaundeth that his Iustices of the forestes on this side Trent beyond Trent in like maner shall keepe and hold and cause to be kept and holden straitly the foresaid pointes within their liberties in the forme aboue mentioned Anno. 33. E. 1. Stat. 5. Assisa et consuetudines Eorestae 21 If any Forester shal finde any man attachable for vert in the forest first he shal attach him by ii pledges if they be to be found if not he shal be brought to the next town wher they may be found And if they be afterward found he shal attach him by iiii pledges and if the third time he shall be presented before the Verderors and be put by viii pledges afterward after the third attachment his bodie shal be attached and retayned that hee may remember what thing Vert is It is to be knowen that all trées not bearing fruit and these which beare fruit at any time in the whole yeare and an Ash if he be old shall remaine in the forest and in the errable land they be all Vert because our Lord the king is in possession of them If any man shal be found felling an Oke without the demesne wood and within the regarde of the forest without the view or deliuery of the forester or verderor he shal be attached by iiii pledges and by the view of the verderor the Oke shal be praized and the names of the pledges shal be written in the rol of the foresters and verderors If any man shal be found in the kinges demesnes asserting or doing purpresture his bodie shal be forthwith retained but if without the demesnes within the regard he shal be put by vi pledges and if he be afterward found he shall double his pledges if the third time he shall retaine his bodie A man attatable conra vadios plegios is he that is bound to be of good behauiour towarde the Forest and then after that bond is found offending in the Forest againe as it appeareth in Carta Foresta Articulo 15. If any man shal be found attacheable contrary to his suerties and pledges he shal be distrained by his cattels found within the bounds of the forest but
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
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
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
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
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
fuerunt cum omnibus regardis suis per idem tempus factis et irrotulatis faciasque insuper ad tunc et ibidem omnes agistatores eiusdem Forestae qui nunc sunt et qui post tempus predictum fuerunt et eorum quemlibet cum omnibus attachiamentis suis et rotulis agistamentor Rotula Regardatorum ad stand'inde recte et ad faciend'ea que eis et eorum quamlibet secundum legem Forestae iniungent aut que facere debent Rotulo Agistatorum facias etiam venire omnes illos qui clament habere aliquas libertates aut franchesias infra Forestam predictam quod sint coram me aut loco meo teneÌ„te ad predict ' diem et locum ostensur ' quomodo clamant habere libertates franchesias seu priuilegia et quo waranto et quod vos sitis ad tunc ibidem cum nominibus omniuÌ„ predict ' ministror ' et hoc breue nobis remittente teste c. It appeareth by this writ that the authoritie of the Iustice of the Forest doth differ from the authoritie of other Iustices in Eyer for the Iustices of the Forest may make their deputie or Lieutenant to execute their office and place The Iustice of the Forest may make a deputy by the Statute of 32. H. 8. ca. and so cannot other Iustices in Eyer do but that is by reason of the Statute of 32. of King Henry the 8. for before the making of that Statute it séemeth that the Iustices of the Forest could not make a deputie or Lieutenant to execute their place or office for as much as the same is a iudiciall place of authoritie And if the King which hath a Forest with all the incidentes vnto the same he doth graunt the same vnto any other person the grauntée shall not haue the Iusticeship of the Forest by the same graunt nor he shall not haue a Court of Swanimote in the proper nature of the same for if such a grauntée do kéepe a Court of Swanimote for his Forest he cannot do any thing in the same but take presentmeÌ„tes against offenders as they do commonly vse to do in the Court of Attachementes the reason is because that the grauntée by such a graunt cannot haue Verderors nor Regardors for they are chosen by the Kings writ and there can be no procedings against offenders in Forests in the Court of Swanimote Treherne in his reading of the Lawes of the Forest fo 7 Master Hesket in his reading of the Lawes of the Forest fo 7. without the Verderors and Regardors And again it shal be in vaine to haue a Court of Swanimote and such officers in a Forest as is aforesaide if he may not by the Lawe haue a Iustice of the same Forest that may cause Iustice to be executed of such presentments against such offenders but yet such a grauntée as is aforesaide by the same graunt may haue Foresters Agisters and Woodwardes for the safe kéeping of his Vert and Venison as it doth appeare by Maister Hesket in his learned reading of the Lawes of the Forest A Forest in the handes of the King but a Chase in the handes of another man fo 7. But if such a grauntée chaunce to haue any trespasse done in his Forest by offenders in the same he may very well haue his remedie against them by an Action at the common Lawe and so the comon Lawe hath not lefte such a grauntee vnprouided of his remedie against such offenders and because that such a grauntée doth wante some parte of the authoritie of a Forest by such a graunt as is aforesaide A Forest in the handes of the King may be a Forest in the handes of another by the Kings especiall graunt Note the difference therefore the same Forest is not properly a Forest in deede but rather a chase being in the handes of such a grauntee and yet the same was a Forest in the handes of the King But if the King by his letters patents do graunt a Forest to any of his Subiects and by the same his letters patents he doth giue and graunt vnto the grauntee full power and authoritie to make a Iustice of his Forest and to haue all the officers of a Forest as is aforesaide as Verderors Regardors c. which is Iura regalia in that defalse then such a grauntee may well haue the whole authoritie of a Forest in his owne proper nature and then the same Forest doth continue a Forest still in the handes of such a grauntee by reason of such a graunt onely Note the difference Whereas the wordes of the Statute of Carta de Foresta Articulo Secundo are homines vero qui manent extra Forestam non venâ—ant de cetero coram Iusticiarijs nostris de Foresta per coÌ„munes Summonitiones nisi sint implacitati vel plegij alicuius vel aliquorum qui Attachiati sunt propter Forestam NOwe it is to bee seene what persons are compellable by this Statute to appeare before the Iustices of the Forest by this generall Sumons mentioned in the braunche of the same Statute And it is to be vnderstood that before the making of this Statute of Carta de Foresta the Lawe of the Forest was that all men within the Countie aswell those that did dwell out of the Forest as also all those that did dwell within the Forest were bounde to appeare before the Iustices of the Forest by this generall Sumons when they did hold their Eyer or Sessions of the Forest in that Countie and all Earles Barrons Knightes Fréeholders and others were bound to appeare before the Iustices of the Forest by this generall Sunioâ—s at their generall Sessions before the making of this Statute as it doth appeare in assisa Forestae facta tempore Henrici Secundi Caput 19. in hec verba Comites Barrones Assisa Forestae H. 2 cap. 19. Milites et liberi tenentes et omnes homines de comitatu veniant ad Sumonicionem nostri forestarij sicut se voluerint defendi ne incidant in manuÌ„ Regis ad placitand'placitaÌ„ de Forestis suis vel ad alia negotia faciend'in comÌ„ And also the same is affirmed proued by the words of the Statute vz de cetero which is that from hencefoorth no man that doth dwell within the Forest shal be compelled to come before the Iustices of the Forest by this generall Sumons of the Forest by which worde from hencefoorth it is plainly noted and shewed vnto vs that before the making of this Statute all persons that did dwell without the Forest within the same Countie were then bound to appeare before the Iustices of the Forest by the general Summons which was a very great vexation and trouble to all persons which did dwell without the boundes of the Forest to giue their attendance there during all the time of the Sessions The reason of the making of this Lawe And it doth
lying within the great Couertes of the Forest where the wilde beastes haue their continuall haunte rest if he do conuert the same to tillage then the same is assartes also and shal be called land asserted But if the same Medow or pasture dolye within the Forest of the King and yet out of the great couertes of the Forest and the owner of the same doth plowe it and conuert the same Meddow or pasture into tillage A Wast of the Forest Now this is not assartes or land assarted but this is lande wasted and shall be called a wast of the Forest But a waste of the Forest is most properly where any man doth cutt downe his owne woodes within the Forest without licence of the King or of the Lord chiefe Iustice in Eyer of the Forest And if afterdwardes the same owner of the ground hauing so wasted the same as is aforesaide do digg and plucke vp the rootes of the same Wood Trees out of the ground and so make the same Couerte a plaine then that is assartes and shal be called land assarted And so you may sée that a man may make both assartes and wast vpon one and the selfe same peece of ground And note that the punishment of such offenders for assarting and wasting of their landes within the Forest is that they that are conuicted of those offences shall paye to the King gréeuous amercement for the same Some men doe holde an opinion that the difference betwéene Purpresture and assartes is that Purpresture is made vpon the Kings ground onely and assartes vpon the lande of another man But that is not so for a man may commyt Purpresture assartes also aswel in the landes and Woodes of the King as in the lands and Woodes of other men Carta de Foresta Artic. 4 And Econtraria Purpresture and assartes may be made aswell in the landes and Woodes of other men as in the landes and Woodes of the King And that is proued by the words of Carta de Foresta Articulo 4. where the king doth graunt that all the Subiects of the Realme shall haue their Woodes within the Forest as they had them before the making of the same Charter And also doth there graunt further vnto them a pardon for all Purprestures wastes and assartes made and done before the making of the saide Charter in their owne Woode For the wordes are there habeant boscos suos that is they shall haue their owne Woodes And afterwardes the wordes of the pardon are quod quieti sint imperpetuum de omnibus purpresturis vastis et assartis factis in illis boscis Then Ergo both Purpresture assartes also may be made in the Woodes and landes of other men aswell as in the lands of the King which is contrary to the opinion of Master Treherne in his reading And also of Maister Archer in his reading of the Lawes of the Forest Assisa Consuetudines Forestae Vide this Statute ante Pa. 23 in Latin and in English Pag. 36. which I do greatly maruell at For it doth also most plainly appeare by the assises and customes of the Forest made in Anno 6. E. 1. Articulo 4. in these wordes Si quis inuentus fuerit in dominico domini regis assertando vel purpresturam faciend'corpus debet reteneri si antem extra dominicum infra rewardum debet poni per 6. pledg c. By which wordes of the Statute it doth appeare First that assartes and purpresture also may be made and done in the demeasne landes and woods of the King and therefore the Statute hath an especiall manner of proceding and punishment appoynted for the same onely differing from assartes and purprestures that are done in the landes and Woodes of other men And Secondly that assartes and purprestures may be made and done in the landes and woods of other men also and therefore the same branch hath there set down a maner of proceding and punishment differing from the proceding punishing of those that haue made assartes and purpresture in the demesne woodes and landes of the King Then Ergo it is not the land of the king that doth make the difference betwéene assartes and purprestures seing that both assartes and purpresture are aswell in the landes of other men as in the landes of the King and so to conclude in both But surely the trewe difference betwéene purpresture and assartes in déede is this that purpresture is a wrongfull incroching of a new thing vpon the King only or vpon the King and a common person that was not before The difference betweene purpresture and assartes And assartes is the conuerting of any couert in the forest into earable land as if a man do destroy his woodes and digg them vp by the rootes and so conuert the same into tillage this is assartes as hath already beene shewed before The wordes of Carta de Foresta Articulo 4 are further Et de vastis purpresturis et assartis nobis respondeant NOw it is to be séene how the King shall be answered of such wastes assertes and purprestures and by whome And therefore first of al it is to be vnderstood that the king must be answered of such offences in this manner that is to saie when a man is indicted or presented in the Swanimote Coure of any such wastes purprestures or assartes and that the same is presentatum per Forestarios et duodecem iuratores et conuictum per viridarios and afterwardes when such indictmentes or presentmentes be certified before the Iustices of the Forest then they shall make out proces against such as be indicted as is aforesaide And when they doe come before the saide Iustices of the Forest by reason of such proces then they shall make their fine for the same offences that they doe stand so indicted of and attainted at the discretion of the Iustices of the Forest without any answer or trauers to such indictmentes because the same is a conuiction against them by the Law in that befalfe and is done by more then twelue men And when that the Iustice of the Forest hath assessid their fines for such offences then the same shal be estraighted into the Exchequer and therevpon the Barons of the Exchequer shall make our proces against them directed to the Shirife of the same Countie where they do dwell Libro Rubro Scaccarij and then the same Shirife shall aunswer the same fine vpon his acompt as it doth appeare in libro rubro Scaccatij and in this manner they shall aunswer vnto the King for such wastes purprestures assartes which are finable But some times it is otherwise of purpresture for that the same may be tollorated to stand still at the discretion of the Lorde Iustice in Eyer Vide ante Pa. 49. the case of my Lord Dier and so to be arrented and to paie yearely a certaine rent to the Quéenes Maiestie for the same And such a
eos ducere vel aliquod foâ—stact ' voluerint Concelare ipsi milites non omittentur propter illos qâ—in foris factum illud videant imbreuiari facias Et hoc pro nullare dimittant Et quod regarduÌ„ illud fiat cantra tale festum Teste c. And it is to be vnderstood that in times past when the Forest Lawes were carefully put in execution then the generall Sessions of the Forest called the Seate of the Lord Iustice in Eyre of the Forest was holden and kept euery thirde yeare And also euery third yeare the Regarders of the Forest did make their regard of the Forest And now at this daye alwaies before that the Lord Iustice in Eyre of the Forest do holde his general Sessions of the Forest he doth cause the write aforesaid to be made and sent to the Shirife of the same shire where the Forest is in the which the Iustice Seat for the Forest shal be kept together with a briefe remembrance or abstract of all such matters as the Regarders of the Forest shall enquire of By vertue of which write the same Shirife doth cause all the Foresters of the same Forest and also all the Regarders to meete together at a certain day and place which the Shirife shall vnto them assigne for that purpose at which day and place so appointed by the same Shirif vpon the apparance of the said Foresters and Regarders the shirife doth declare vnto them the Tenor of his write and also doth giue vnto them a charge to inquire of al such matters as are contained in the said Abstract At which time of apparance if any of the said Regarders be dead or sicke so that there be not the full number of twelue Regarders to make the regard of the Forest Then the said Shirife shall according to his said write in his full Countie of the shire choose other Regarders and cause them to serue in their places and so make vp the number of twelue Regarders and in such sort Regarders are made And also it appeareth by the Statute of Ordinatio Forestae made in Anno. 34 E. 1. hic ante fol. 26. 39. That if any of the Foresters Regarders or any other minister or officer of the forest be dead or by sicknes or any other meanes they be let or hindered so that they cannot be at the court of Swanimote And because that the absence of such officers or ministers should not be any hinderance of the proceeding of the court of Swanimote then the Lorde chiefe Iustice of the Forest or his Lieutenant incontinently shal choose and appoint other Regarders in their places so that all the Inditements in the Swanimote may be made and done by all the officers of the Forest according to the order set downe apointed by the saide Statute called Ordinatio Forestae And such electing and appointing of Regarders at the Swanimote is done but as it were of necessitie to make vp the full number of twelue Regarders to serue for the place at that time And such Regarders as be dead and others chosen in such manner by the Lord chiefe Iustice in Eyre of the Forest or his Lieutenant in their places then they shall remaine Regarders still But the Regarders that are chosen and appointed as aforesaid to serue in the places of others that then were sick or absent vpoÌ„ some especial busines such Regarders are not Regarders Nisi pro hac vice tantum as it doth appeare by M. Hesket fo 24 b. For saith he they are officers but to serue the Court for that time onely Hesket fo 24. I do finde by the Lawes and customes of the Forest that there may be three sorts of Regarders of the Forest which are as followeth 1 First there is one sort of Regarders made by the King him selfe by his letters Patents to whome the King doth graunt the said office sometimes for terme of life sometimes to him and to his heires to be one of the Kings Regarders of such a Forest 2 Secondly there is another sort of Regarders that are made by the Lord chiefe Iustice in Eyre of the Forest or by the Kings writt to the Shirife as hath beene shewed alreadie before And such Regarders are officers of the Forest but durante bene placito that is to say during the Kings pleasure 3 Thirdly there is another sort of Regarders that are made Regarders for the present seruice of the Court of Swanimote or to serue at some other time in the absence of some of the Regarders that are sicke or otherwise not able to serue at that time and such Regarders are officers Nisi pro hac vice tantum And thus much concerning Regarders and how he is made a Regarder of the Forest And now forasmuch as it appeareth by the writt aforesaid directed to the Shirife to choose new Regarders in the place of such as are dead And that the same Shirife according to his writt must giue vnto such Regarders as he shall choose in their places A Regarder must be sworne an othe for the wordes of the writt are these Et dicti milites Iurent quod facient regardum sicut solet debet fieri Now therfore it is necessarie to see what the oath of a Regarder is And to the end that euery such officer may the better knowe his oath also his office I haue set downe the same here which is as followeth The Othe of a Regarder of the Forest The oath of a Regarder YOu shall truely serue our Soueraigne Lady the Queene in the office of a Regarder of the Forest of Waltham You shal make the regard of the same Forest in such manner as the same hath beene accustomed to be made You shall range through the whole Forest and through euery Bailâ—wike of the same as the Foresters there shall lead you to view the same Forest And if the Foresters will not or do not know how to lead you to make the regarde or range of the Forest or that they will conceale froÌ„ you any thing that is forfeited to the King you your selues shall not let for any thing but you shall see the same forfeiture cause the same to be inrolled in your roll You shal inquire of al wastes Purprestures and Assertes of the Forest and also of concealements of any offence or trespas in the Forest either in Vert or Venison by any officer of the same Forest And all these things you shall to the vttermost of your power do So help you God It seemeth by the Lawes of Canutus the Dane King Canon the 2. that in his time there were certaine persons that did execute the verie same office that the Regarders do nowe at this daye and then there were 16. of them Canutus Canon 2. they were called Mediocres homines But the Danes did call them Yong men Hâ— Curam onus tum viridis tum veneris suscipiant But of like such officers were cleane
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
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
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
to be of good abearing to the Forest Item he that receiueth venison of such as haue trespassed in the Forest shal be as well punished as the principall And hee that stealeth Venison in the Forest and doth carry the same away vpon his horse backe the horse shal be forfeited per Assisam Forestae But if they take the horse of a stranger which is ignorant of the fact the horse shall not be forfeited Quia ignorantia facti excusat ignorantia Legis non excusat This hath beene taken for a verie good forme of Indictment Quod A. B. est communis malefactor ' Venationis vbique in foresta malefactoribus venationis consentiens It is a good Indictement Quod I.S. consuetus est ponere Acutas Catheas in berkis haiarum ad feras capiendas And vpon this Indictement was the offender outlawed Item an Abbot that lent a bowe arrowes to another man to th entent to kill the Kings Deere was fined and raunsomed A.B. venit in parco de S. ad malefaciendum de venatione And this was taken to be a good IndictmeÌ„t A keeper was indicted for receiuing a bribe to the intent to conceal an offender If a man find a trespasser in the Forest killing or breaking vp any Déere findeth him with the maner doth receiue a reward to kéepe his counsel he shal be imprisoned fined and raunsomed Pickering f. 5. Casu Bulmer Pickerrng 13. A Hare is Venison Assisa de foresta art 8. Two men were indicted for striking an Hare in her forme for taking of another within the Forest the one of them was coÌ„mitted to prison made fine raunsome for the same offence was bound to the good abearing of the forest And the other was outlawed wherby it is to be noted that Hares are Beasts of the forest Assisa de soresta art 8. By the Assise of the Forest Si Leporarij inuenti fuerint currentes ad aliquod nocumentum ferarum Forestarius debet retinere eos presentare in presentia viridariorum mittere eos domini Regi vel capitali Iusticiario forestae Itinere Pickering fo 6. 41 in le case de Iohannes Barlar Iohannes Augustye Item if a Forester do take an offender with the manner he may carrie him to prison The Abbot of Whitby did kill a Harte within the Ryuer of Deruent which was the metes of the Forrest of Pickering The Abbot and his companie were Indicted for the same Quia seperunt vnum Ceruum in aqua de Deruent quae est Marchia Forestae The like presidentis fo 6. W. Moyfon Ibidem fo 6. b. affearors venationem illam se cum asportauit And for this he made his fyne and raunsome and was bound to good a bearing It is to be noted that all the Freeholders within the Forest as well Spirituall as Temporall must in any wise appeare before the Iustice seat primo die Itineris And of euery towne the Reue and iiii men also with him which is called prepositus quatuor homines c. And if they make default they shal be amerced and their amercement shal be affeared by affearers there Item Pickering fo 6. b. It is directly against the Assise of the Forest that any Baker or Brewer should bake or brewe in the Forest Item that the principall Foster at the Iustice seat shall make an account of all the Deere that hath beene killed by warrant within the Forest Killing of deere by warrant And in the same place shall iudgement be giuen which be good warrants and which are not And for those that are not Assisa Lanc. fo 3. Pickering fo 18.7 the Forester shal be punished Item per Assisas Forestae it appeareth that Tythe was paide of Venison Likewise for trees the chiefe Forester must make an account of them by what warrant they were cut downe And for those which he cannot shewe good warrant he shal be amerced Assisa de Pickering fo 7. b. Item if the Foster do giue a noble man a course his dogges do kill this must be presented at the Iustice seat Assarts Assisa foresta de Pickaring fo 7 And as touching Assarts per Assisam Forestae He that is presented to haue Assarted or enclosed any lande within the Forest out of the Kings demeasnes in his owne fee or in the fee of any other man he shall make fine for this offence And if he will after compound with the Iustice he may continue the same paying to the King a yearely rent which must be entred of Recorde at the time of the arrenting thereof And as concerning Agistors of the Kings woods euery Agister within the Forest must bring before the Iustice seat a iust accompt what money he hath receiued for pawnage And the forme of the entrie thereof is thus Rogerus M. respondebat de iiii s. de pannagio porcorum de Estwood c. Item Assisa forestae Pickering fo 8. if any man take off the Skinne of any wilde Beast that dyeth of the Moreyne within the Forest if the same be presented he shall be punished for the same and if he come in he shall paye the price of the Skinne and be amerced for the offence Item it is finable to permitt a strangers beastes to pasture in the Forest and the forme of the entree of the Recorde is thus Item presentant quod A.B. agistat omnia aueria sua in mora de F. infra forestaÌ„ ad dampnum domini Regis et ad nocumentuÌ„ ferarum Et nesciunt quo warranto Agistments Assisa de Pickering fo 10. Alicia Gower Ideo preceptum est vicecomÌ„ quod venire faciat eum Et postea testatum est per ministros forestae quod ipse nihil habet infra forestam Ideo pro agistamento praedicto in misericordia remaneat agistamentum in manu domini Regis If any owner of any woods in the Forest do appoint a Woodward in his woods where there was neuer any before Ibidem it is finable per Asâ—isas forestae Item Ibidem he that without warrant of the King pulleth down his auncient house in the Forest and setteth it vp in another place without the Forest this is finable Item Ibidem if the Foresters do disturbe the cattell of any person or township to haue common within the Forest whereby they haue wrong or do take any money of them by extortion this is finable by the Iustice Seat And because such like matter may chaunce hereafter at a Iustice Seate I haue here put downe a presidene to be followed vz Item present ' Quod Prior Hospitalis Sancti Iohannis agistat aueria extraneorum apud F. infra limites Forestae quod est Agistments ad nocumentum ferarum ad damnum domini Regis Et nesciunt quo warranto A claime the first day Ideo preceptum est vicecomÌ„ quod venire faciat cum postea venit
praedictus prior dicit quod ipse virtute cartarum progenitorum Regis nunc factar ' predecessoribus suis debent agistare in loco praedicto Et petit quod possit admitti ad finem faciend'cum domino Rege pro clameo suo faciendo licet primo die Itineris non fecit Et admittitur ad finem xiij s. iiij d. per plegios A. B. Item if a man do make Charecoales of Brouse wood within the Forest Pickering f. 10 In casu Melsa it is finable And if he will make tytle so to do by prescription and do not make his claime thereunto the first daye of the Iustice seat he shall then answere for the value of the Coales to the king Item it belongeth to the Iustice seat to inquire who ought to repaire bridges decayed within the Forest and to punish the offendors Item a Parson of a Church was indicted for that his doggs were not expeditated or lawed The Priour of Bridlington Parson of Skalby pleaded Ibidem The Parson of Skalbies case fo 11. Magna Charta cap. 1. that by the great Charter of England he was not bound to expeditate his doggs For there was one Article therein Quod Ecclesia Anglicana sit libera habeat omnes libertates suas integras illesas c. And by this plee he was discharged of the Indictment Eborum fo 37. Item there may no man fish in any Ryuer that is aboundarie of a Forest vnlesse he haue warrant Item they are to be indicted that ouerchargeth the Common within the Forest Ibidem fo 11 The Prior of Bridlington fo 12. Item there may no subiect without warrant haue a Vaccarie within the Forest Item a ryding Foster was presented and fyned for that hee was negligent in his office and did oppresse dyuers people in taking of Otes and such like Item if any man do interupt the Verderor or Regarder of the Forest he shall make fyne Item it is also fynable to digg Turffes within the Forest And likewise to take Fesants Partridgess Foules of Warren or other Byrdes within the Forest Item if any man do offende in cutting downe of Vert and after dyeth before presentment made thereof yet in this case the King shal be aunswered for the Trespas by his heires or land tenants per Assisam Forestae Placita Forestae de Pickering coram Iusticiar ' itinerantibus Anno viij domini Regis Edwardi iij. BErnardus de Berghe viridar ' venit et reddidit rotulos suos tam de viride quam de venatione tangent ' istam Forestam c. Guillielmus Ward viridar ' non venit ad Rotulos suos reddideo preceptum est vicecom̄ seisire omnes terras tenementa eius c. Postea venit predictus Guilliellimus et petit admitti ad finem faciendum cum domino Rege pro defalta primi diei et admittitur ad finem dij Marcij et quoad Rotulos suos dicit quod furati fuerunt ab eo per quosdam malefactores et petit quod possit admitti ad sinem faciend'cum domino Rege in hac parte et admittitur pro fine 100. s. Presentatum est per Forestarios et conuictum per viridarios quod Nich ' Meuil alij c. venerunt in forestam istam c. cum arcubus sagittis et leporar ' et ibi ceperunt iij. Ceruos c. Item quod Guillielmus Fishborne est communis malefactor venationis domini vbique in Foresta ista et malefactoribus consentiens c. Compartum est per viridarium Rotulos istius Forestae quod Edmundus Hastings postquam transgressus est de venatione in Foresta ista dimissus fuit coram eis per manucaptor ' c. qui manu ceperunt hadendi eum hic c. primo die itineris qui modo eum non habent c. ideo c. Iohannes Kilmington nuper Custos istius forestae dicit quod praedictae ferae acciderunt in Morina quorum corpora putrida fuerunt suspense super quercos et de hoc vocat recordum Rotulorum Viridariorum c. Ministri Forestae dicunt quod consuetum est ante haec tempora praesentare quolibet tertio anno de canibus non expeditatis Item presentant quod Iohannes de Aslaby cepit infra dominicum quatuor quercus precij iiii d Et dimissus fuit per viridat ' manucaptor ' vsque ad istam Assisam Qui modo non venit c. Ideo ad iudicium de manucaptoribus Et praedictus Iohannes respondeat domino Rege de pretio praedicto Et pro Forisfactur ' eiusdem iiii.s. c. Et quod Humfridus Tober cepit xi quercos virides infra dominicum pretij cuiuslibet j.d. et carriauit illos cum vno plaustro vi Bobis quae appretionetur viz plaustrum ad vj.d. Et Boues ad xvj.s. pretij cuiuslibet ij.s. viij d. vnde tenent ' terrae tenementorum Richardi de S. viridar ' istius Forestae ad cuius manus pertin ' praedictum deuenit respondeant Et similiter pro Forisfactura eiusdem xj.s. Item presentant quod Prior de Maldon cepit ix plaustra spineti in A. infra dominicum pretij ix d Et per viridar ' dimissus fuit per manucaptor ' vsquam ad assisam istam c. Qui modo venit c. et super hoc conuictus oneratur erga dominū Regē de pretio praedicto Et pro forisfactur ' eiusdem ix.s. Item quod Rogerus Scalby cepit vnum viridē quercum c. pretij i.d. vnde tenent ' viridar ' respond'de pretio predicto Et pro forisfactur ' vi d ad quorum manus pretium forisfactur ' predict ' de venerunt Item present ' quod x. Stirkes qui fuerunt Iohannis Rouseby inuenti fuerunt in haia de D. per wardam factam non agistati Qui capti fuerunt tanquam forisfacti per assisam forestae et appretiantur ad xx s Et retraditi per viridarios eidem Iohanui per plegios c. ad dictos Stirkes habendos ad istam assisam Quimodo non venit Ideo ipse in misericordia Et nihil omninus idem Iohannes oneretur de pretio praedicto Ministri Forestae dicunt c. Quod a tempore quo non extat memoriam hominum c. presentatum fuit per Forestarios ad attachiamenta istius forestae de canibus praedictis Abbatis de Riuall c in maner ' suis praedictis non expeditatis fo 16. Ministri Forestae dicūt c. quod cum contigerit quod woodwardus praedict ' Prioris Sancti Iohannis Ierusalem non venet ad attachiament ' Forestae prout alij Woodwardi diuersorum dominorum in foresta veniant Tunc ipse Woodwardus semper consuetus est ibidem Amerciati Et amerciamentum inde ad opus domini Regis leuare sicut de alijs Woodwardis qui non veniunt fuerunt amerciati Ministri Forestae
dicunt c. Quod Tho. Wake omnes a tempore quo non extat memoria hominum habuerunt c. liberatione BoscuÌ„ in communibus boscis suis pro se c. ad quodlibet attachiamentum hoc ad sufficientiam bosci Item dicunt quod escapia vz Emende de forincecis auerijs infra metas Forestae inuent per forestarios escapium inde presentatum est fuit a tempore quo non c. Ad attachiamenta Forestae praedictae ibidem dominus Forestae habuit emendas In clameo Burgens de Scargeburgh coram domino Wihelmo Vefeye Iusticiar ' Forestae ET quia viridarij praedicti nihil responderunt de transgress venationis factis in Foresta praedicta hocanno Ideo committuntur prisonae Et educti venerunt fecerunt finem per iij. li c. Abbas de Whitbie clamat habere viridarios suos proprios de libertate sua de Whitby eligend'de cetero in pleno Commitatu Eborum pro vt moris est ad responsiones et presentationes faciend'de transgress quas a modo fieri contingent de viride venatione infra metas forestae de Whitby coram Iusticiarijs domini Regis Itinerant ad placita Forestae in partibus illis et non alibi Sicut viridarij Forestae domini Regis huiusmodi Responsiones et presentationes facere debent et consueuerunt In Itinere Lancastriae FOrestarij venerunt et dicunt pro se ipsis et omnibus alijs forestar istius Forestae Quod ipsi forestarij nunquam fuerunt onerati de aliquibus Rotulis seu Indictament tangentibus forestam Et quod omnes Rotuli et Indictament remanent penes viridar c. Et hoc parati sunt verificare per ministros c. Qui quidem ministri ad hoc Iurat hoc idem testantur c. Ideo c. Presentatum est quod Iohannes Lancastriae cepit tres quercos in Foresta ista Qui venit et dicit quod eos habuit ex liberatione foresta pro estouerijs suis c. Et quia hoc testatum est per Rotulos viridar esse verum Ideo dictus Iohannes inde eat c. Et quia inspectis Rotulis viridar ' istius forestae nihil compertum est de praetio corticum xl Quercum praedictor Ideo ipsi liberantur prisone Et educti fineÌ„ fecerunt cum domino in hac parte per dimi marc Nomina Ministrorum forestae de Lancastra Wilhelmus Blount Custos totius Forestae et Seneschallus Roberto de Ratcliue magister forestarius eiusdem forestae Wilhelmus de Holland Supervisor forestariorum totius forestae Iohannes Balridge Forestarius de feodo in warda de Lousdale Robertus Fowcher nunc Custos istius forestae venit c. Et illo amoto Wilhelmus de Clapham Iuratus est et efficitur Custos eiusdem forestae Certaine iudgementes and principall notes taken out of the Recordes of the Forest digested into Tytles THe Priour of Lancaster had by Charter euery day two cart lode of morte Boys to be burnt in his Priory Lancaster f. 3. 64. Abuser And because he tooke viridem Boscum pro mortuo Bosco contrary to his charter the benefit profit of his estouers was seysid into the handes of the Lordes of the Forest For the which the Priour made his fine pro estouerijs rehabeÌ„dis ad iij. li.vj.s.viij.d et rehabuit estoueria sua Itiner ' Lancastr ' Anno 10. Ed. 3. fo 65. a. Abuser Assisa Lancaster fo 3. 66 Assisa Lancaster fo 4. And here you may note that for abuser there growth good cause of seiser See the like in the case of the Burgeses of Lanc. ibideÌ„ fo 66. Note if a man haue Estouers by graunte as appurtinaunt out of a Forest vnto a certain messuage In this case if the same Estouers be spent in any other house this is a good cause of seiser of the same Estouers for this is an abuser the which is a cause of forfeiture Itiner ' Lanc. Anno 10. E. 3. fo 67. b. The same lawe is of a Comon of pasture No man may agist within his owne landes within the regard of the forest except he haue special licence so to do Agistments Pickering f. 16 In clameo Abbatis de Riuall Itiner ' Pick. 10. E. 3. fo 166. quere de hoc for the wordes of the Statuit of Carra de forest are these vnusquisque liber homo agistit boscum suum in Foresta pro voluntate c. If the Iustice of the forest do any thing sticke at the allowing of any mans liberties claimed before theÌ„ Allowances then may the party gréeued haue a write of allowance or a write to procede to allowance Itiner ' Pic. fo 182. a. Where the Iustice of a Forest doth stay ouer long in allowing of a libertie that is claimed Itinere Pickering fo 16 Abbas de Riuall fo 23 Abbas de Whitbe Ibidem fo 16. Abbot de Riuall then may the partie gréeued purchase the kinges write of allowance directed to the Iustice of the forest commaunding him to allow the same The tenor of which write doth appeare Anno 10. E. 3. Itiner ' Lan. fo 9. fo 65. In the claime of the Abbot of Furneaux If at one Iustice seate certaine liberties be allowed at another time the same allowance may be pleaded quod nota And the recorde of the allowance shal be sent downe by writ vnto the Iustices It was admitted and adiudged in the claime of one Lambeson that to be quited of Pannage intempore pannagij Appurtenance might be appurtenaunt vnto a mannes frée hold An office of a woodwarde the barke of timber Trées felled was claimed to be pertaining vnto a manor adiudged accordingly To be quite discharged of Pawnage and Pawnage of Swine within a forest may be by precription appurtenaunt vnto landes And to claime that he and his auncestors a tempore quo c. is a good title without saying that he and his auncestors and all they whose estate he hath in certaine landes c. a tempore c. Asserts Pickering f. 15 No man may assert or excolor but by the kinges warrant in casu prioris sancâ—i â—ohannis Ierusalem in assisa Foresta de Pick. fo 18. b. Note that the Priour of S. Iohns did make his claime by one of his confriers whome he made his attorney being a dead person in lawe quod nota Atturney The Lord of a Forest may enter by his officers into any mans Wood Brusewood Assisa de Pickering f. 19 the which is growing within the regarde of the forest and cut downe bruse Wood for the Déere in Winter Note that it appeareth by the claime of the Abbot of Meriuall that within the regarde of any Forest Buildings Lancaster fo 5 no man may build either houses or barcaries quod nota It appeareth that within the Forest no man may builde any newe houses or barcaries or
vse tillage in any newe groundes without especiall licence It appeareth by a claime made by the Abbot and Couent of Meriuall that none may make any new buildings within the Forest except he haue good warrant from the Lords of the Forest for the Abbot made claime by graunt that he might make omnimodum comodum suum sine assertand'sine edificand'modis omnibus c. And if he might do it without warrant it had ben in vaine to haue had licence Assisa Lane fo 9. Cablicia Comon of pasture Lanc. fo 13. Sheep Swine nor Goates are allowed to haue comon in the Forest Default Itinere Lanc. fo 5. and also to haue made his claim for the same And that the assises of the Forest are so it appeareth by a presentment made in a case of the Priour of Lancaster Cablicia is properlie Bruse Wood Itiner ' Lanc. 10 E. 3. fo 172. a. Itiner ' Picke A claime made for â—â—â—on of pasture is good It is to be noted that neither Shéepe nor Swine are allowed to haue Comon within the Forest quia bidentes et porci non sunt animalia ad comunicandum in Foresta sed prebent exilium ferarum in eadem in clameo Burgens Lan. fo 30. the same lawe is of Goats In clameo Burgens de Preston fo 5. Nota that if any do make a claim do after make default their libertie shal be seised into the Lords handes for default is a cause of seisure in the case de domino de Gersingham and others A woman tenant for terme of life of a Parke within the Forest of Lancaster made her claime for that being called Knoghsley Parke and also for a frée warren and after made default where vpoÌ„ one Latham being tenant in reuercion was receiued made claime both for the Park also for the free warren Ibidem and because he did not shewe forth any good matter to warrant his title therefore was it adiudged quod clausus predict ' prosternatur et remaneat Foresta vt prius et quod warrennia predicta capiatur in manus domini c. Demurrer Pickering f. 21 If it chaunce a demurrer in lawe do fall out betwéene the king and his subiects vpon a claime before the Iustice of the Forest they may adiourne the same into the kings Bench there to be determined Nota the president is excelent If a Iustice seate be discontinuid Discontinuance Resomons Pickering f. 15 by the not comming of the Iustice In this case the king by his writ may reuiue the same againe It is to be noted that in case the plées of the forests be discontinued by the not comming of the Iustices that in that case the plées may be reuiued againe by the kings writ of resommons whereby all thinges shal be and remaine in Pristino statu See the president therof Itiner ' Pic. fo 15. Patet that secundum assisas Forestae expeditatio canum Expeditatio canum Pickering f. 16 Exposition by vsage Pickering f. 17 Lancaster f 9. must and may be euery third yeare William the Earle of Warren Boheme Marton graunted by his deed vnto the Abbot of Furneaux that he his successors might take within his Forest of Lancaster maremiuÌ„ c. que ad vsus suos sunt necessaria et nominatim ad piscariam suam de Lanc. faciend'quicquid eis ad hoc opus fuerit And in his claime the Abbot claimed sufficient timber both for his Manner of B. also for his Piscarie and for all other thinges necessarie c. And that by that word MaremiuÌ„ he had vsed enioyed the same euer since the making of the saide graunte without the view of the Foresters And the vsage being thus founde by the iurie his title of claime was allowed Here it is to be noted that many times darke and obscure wordes are expounded by vsage as appeareth in this president quod nota for this worde Maremium is expounded by the meane of vsage Maremium for timber to build with all And this worde Maremium is also in this place expounded for Mesuagium To be acquite of escapes within a Forest doth signifie that where after the assises of the forest Escapium Pickering f. 15 Ibidem 17. Ibidem 19. If any mans Beastes be found within the landes forbidden or in the fence time within the forest then the lawe is that the owner of the same beastes shal be amercied for euery foote i.d. And if the second time the beastes be found againe then to be amerced in like manner And if the third time they be taken offending vt supra then shall the same beastes bee forfited vnto the Lord of the foreste of all which amercementes he that is quietus de escapio is cléerely discharded ibidem Footegeld Pickering fol. 17 Ibidem Chiminage To be quit of foote geld is to kéepe doggs within the forest vnluwed without any mercementes fine or forfecture ibidem To be quite of chiminage is a discharge of chiminag siluer paid for passage through the Forest with cariage of any thing vpon Horse backe ibidem Ibidem Note that the Lord of a Forest hath this prerogatiue ouer all men that dwell in his forest that at such time as he is disposed to chase within his forest euery man must be readie to hold a Grey-hound for the taking of wilde beastes in such places as they shall be appoynted Tristis or else the defaulters to be amerced And he that hath the benefit or discharge of this worde Tristis is not bounde by the assises of the forest to giue any such attendance ibibem By reason of Charter the Priour of Lancaster had the tenth of all the Venison Faux claim Lancaster f. 3 fol. 64. Pickering f. 15 viz. In carne tantum sed non in corio And because he made a false claime and saide that he ought to haue the tenth of all the Venison within the forest of Lancaster as well in carne as in corio therefore the Priour was in misericordia de decima venationis sue in corio non percipiendo c. The fence Moneth Fense moneth Pickering f. 20 Thus ye set that for the offence of a false claime the punishment is to make fine and not to sease the same The fence Moneth is alwaies xv daies before Midsomer xv daies after Midsomer Quod nota euerie common Moneth is but xxviii daies but the fence Moneth is xxxi Fine Pickering f 10 15. Iohannes de Melsa In Clameo Abbatis de Myriuall f. 69 Nota that such as ought to make claime c. by the assises of the Forest they ought to put in theire claime the first day of the Iustice seate or else at any day after their claime shall not be receiued without fine And when the claime is once put in if the claime be in any point faulty if they will amend their claime they must make fine quod nota ibidem
writ out of the Chancery which hath ben in old time ordained for such persons indicted to be at mainprise vntill the Eyre And if such Warden after he hath receiued the writ do not incontinently deliuer such persons indicted without taking any thing Then the plaintife shall haue a writ out of the Chauncerie to the Shirife to attach the saide Warden to bee before the King at a certaine day to answere wherefore he hath not repleuied him that is so taken and the Shirife the Verderors being called to him The Recitall of the Statute of 1. E. 3. ca. 8. 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 answer in the Eyre of the Iustices and if the chiefe Warden be thereof attainted the plaintife shall recouer his treble damages the said Warden to be committed to Prison and ransomed at the Kinges will And from hence foorth it shal be written to them as to the chief Wardens of the Forest because they may not be Iustices nor to haue any recorde And so note by that Statute that the writ aforesaide is directed to them as if it were to the Shirife to execute the same writ and such a writ is not directed to a iudiciall officer Also the same Statute doth saie that the names of the mainpernors shal be deliuered to the Verderors as if he should saie because they be as Iustices And that from hence foorth it shall be written to the saide Wardens as to the chiefe Wardens of the Forest because sayeth the Statute they meaning the same Wardens may not be Iustices nor haue any record Then Ergo the chiefe Warden of the Forest nor his Lieutenant are no iudiciall officers and then I sée not by what authoritie they should sit at the Swanimote And note that there are two Lieutenants most commonly in euery Forest vz 2. Lieutenants in the Forest the Lieutenant of the Lord Iustice in Eyre of the Forest and the Lieutenant of the chief Warden of the Forest Ordinatio Forestae And it appeareth very plainly by the Statute of Ordinatio Forestae caput 1. that the Foresters Verderors Regardors and all other ministers of the Forest These officers are bound to artend at the Swanimote are bounde to attend at euery Swanimote or else the indictmentes and presentmentes there taken are vtterly voide It is here to be noted what is ment by these words in the said Statute of Ordinatio Forestae cap. 1. ac alijs earundem forestar ' ministris for other ministers of the forest are Stewardes of the Swanimote who ought to be men very well learned and especially in the Lawes of the Forest Assisa consuetudines Forestae ca 20. And to proue that there ought to be a Steward at euery Swanimote it appeareth by the assises and customes of the forest wher it is said quod homo attachiatus pro ramis cesis placitū illud pertinet ad Swanimotum coram Senescallo c. There are also other officers of the Forest mentioned in the great Charter of the Forest Cap. 16. and Cap. 17. that is to saie Constabularij Castellani et Balliui et Bedelli c. if it do chaunce any of the said officers or ministers to be sicke so that he or they cānot be at the Swanimote then the Iustice of the forest or his deputie shal incontinētly place others in their places for them et hoc est secundum ordinationem Forestae Anno 34. An. 7. R 2. c. 3 E. 1. caput 2. And it is ordained in the assises of the Forest Anno 7. R. 2. caput 3. that the inquest shal not be compelled to trauel to any other place to giue their verdict but where they receiued their charge and note that the court of Swanimote hath power to inquire of all those matters that doe hereafter appeare in the charge of the Swanimote The power of the Swanimot and to take presentmentes of all such matters but no iudgement shal be giuen there nor execution awarded for that is reserued to the Iustices of the Forest only At this Court of the Swanimote all the presentmentes of the Foresters for any offence in the forest either in Vert or Venison are there deliuered to the Iurie which are sworne for that purpose to inquire the trueth of those matters and if the Iurie do find that those presentmentes that the Foresters haue presented be trewe then the offender against whome they were presented doth stand conuicted thereof in Law and then the entrée thereof is presentatum est per Forestarios et duodecem Iuratores et conuictum per viridarios Ordinatio Forestae ca. 1. All the freeholders that dwell within the Forest do owe sute to this court Asserts Purprestures are to be enquired of Consuetudines ca. 4. Purprestures that be arented Vide ante the case of my Lord Dyer fo And this much concerning the Courte of Swanimote and hereafter doth followe the charge of the same The charge of the Courte of Swanimote for the Forest INprimis you shall inquire if all those that owe sute to this Courte of Swanimote be there or no and those which be not shall you present their names 2 Item if there be any assertes or purprestures within the Forest newly made more then hath ben made by the kings graunt or any of his Progenitors in what place the same is and by what authoritie by whome and what harme it is to the King except it be arrented 3 Item if there be any that maketh any great closes or small closes which are annexed to the borders of the Forest This is Purpresture and inlargeth his owne ground with setting out of his hedges and ditches and so straytneth the Forest 4 Item if any man haue raised digged vp or carried away This is a Trespas Purpresture For Omnes metae Forestae sunt integro domino Regi any land Stone or stake that was set or laid for any marke or bound of the Forest ye shal doe vs to wete of their names the daie and place when the same was done 5 Item if any man maketh any Mines Clay-pittes or turueth for Iron without licence in any place within the Forest 6 Item if any man leuieth any Mille within the Forest without the Kinges licence you shall inquire what hurt the same is to the Forest and who it is that doth so and present the same 7 Item if any haue made any Swine-house or Shéepe-house or any other house or Cote within the landes of the Forest without licence you shall present it 8 Item if there be moe Foresters or Walkers within the Forest then haue bene of old time accustomed in oppressing of the Kings people or ouer charging of the Forest who hath made them and by what authoritie he hath done it 9 Item if there be any minister of the
walke or taketh his flight ye shall do vs to wéete 48 Also if there be any person that holdeth any long running hounds rideth or goeth through the forest as the high waies lie and taketh not vp his said hounde or houndes with a fast knott so that they winde the Deare and fal thereto driue the Deare til he be dead be it within the forest or without do vs to weete of the persons names and dwelling places of the Deare so killed c. 49 Item if any man taketh any Deare with nettes cordes roapes double paternoster or other engine ye shal do vs to weete 50 Item if any man chase or course or set any net or Engine though he kill not c. you shall present the same 51 Item if any man commeth into the Forest and there staieth Foxe Hare Conny or any other beastes or Fowle of Warren without authoritie c. you shall present the same 52 Item if there be any man that dwelleth about the border of the Forest and keepeth any straunge Grey houndes and waiteth when the kings Deare be out of the Forest and forseth the saide Deare so that they may not come home but by that meanes is dead ye shall do vs to weete who he is and who oweth the Greyhoundes and the place where the same was done 53 If there be any man that hath slaine any Deare of the Queenes within the Forest of his name and what Deare was so staine you shall do vs to weete 54 Item if there be any person that kepeth any hounds or greyhoundes An. 13. R. 2. cap. 13. Purlew men and if he be Spirituall and may not dispend x. li by the yeare and if he be Laie may not dispend x. li by the yeare of free holde ouer all charges and hunteth in the Purlew of his own authoritie do vs to weete of his name hunting for otherwise he ought not to hunte c 55 You shall in like manner inquire whether the Foresters or any other officers haue agisted any cattel in the Quéenes demesne Haies and seueral Woods wherein no person hath common And whether they haue Mowen any of the Quéenes lands taken the grasse and hay thereof to their owne vse and sold the same to the preiudice of the Quéeeens Deare and how much the same grasse and Hay was woorth or what they receiued for the same 56 Also you shal enquire if all Agistors of our Soueraigne Ladie the Queene haue truely faithfully agisted her highnes demesne woods and truely and faithfully leuied and receiued the pawnage and fully aunswered and accounted for the same And if they haue not fully accompted for the same as is aforesaide then how much the summe is that doeth still remaine in their hands 57 Item you shall enquire of such as hath any Woodes adioyning to the Forest in Pawnage time hath put his Swine into his owne Woods and maketh gappes and procureth his Swine out of his Wood into the Forest in hindering of the Queenes Pawnage Of all such Swine you shal do vs to wite of the number and value of them also of such offenders therein 58 Item Swine vnringed Vide titulo Common of pasture if any man hath any Swine comming into the Forest in Pawnage time or any other time in the yeare vnringed Wrooting deluing or turning vp the Queenes soyle which is cause of exhilation and making leaue of the Queenes Deare You shall do vs to weete of the number and price of them and who it is that doth so 59 Also if there be any man that hath any Patent by graunt of any King or Queene or any specialtie and it confirmed to him before any Iustice in Eyre for a certeine number of Swine in the Queenes Forest if he hath more than his specialtie or Patent allowed doth make mention of do vs to weete and the number price of them and the offender herein 60 Item you shall enquire Swyne not ringed if there hath beene any Swyne not ringed or Goates that hath beene attached since the last Session within the Forest of the number and price of them you shal do vs to weete For they be forfeitable by the first Attachement for they are no beastes of common Also if there hath any Shéepe come within the Forest or within the Couert Sheepe and haue béene attached three times since the last Session of the number and price of them ye shall do vs to weete c. 61 Item you shal enquire of all strangers that haue had horse Mares beasts or other cattel in the forest by which the pasture of the Kings Deare hath béene surcharged or ouerlayd to the hurt of the same Deare and to the noysance of them that haue common in the same Forest You shall present their names c. Stone Horse 62 And you shall enquire if there be any person or persons that putteth any Stone horse or horses vpon the Forest to be fed or commoned within the Forest Drift daies of the Forest Anno 33 H. 8 cap. 5. Note that the dayes of the drift is appointed by the Statute being of the age of two yeares which are not of the stature of xv handfulles high by the Standard Or whether there be any Mares Fillies or Foles which be not like to be able to beare foales of reasonable stature pasturing within the Forest Whether the Hedborowes and Tythingmen of euery of the townships within the said Forest at euery of the driftdayes according to the Statute hath duely executed the same Statute 63 Also ye shall inquire whether any officer of the Forest hath taken any fines for the Agisting of strange cattels within the said Foreste to the hinderance of the pasture for the Queenes Maiesties wilde Beastes and to such as haue common in the same And what and how much the pasture of the saide Deare hath bin hindered thereby c. 64 In like manner ye shall enquire if any man hath spoyled or destroyed any Brush or Ferne Destroyers of any Couer◠or any other couert or defence in such place or places where the Queenes Deare hath or doth commonly vse or haunt or doth vsually calue or fawne 65 And also whether any person to whome the Queene hath graunted Estouers for his owne onely vse of such Ferne and Brush or other Estouers whether they haue by colour thereof giuen or solde any of the saide Fearne or Brush or Estouers to others And who hath had any such warrant for the taking of any such Estouers and what warrant And how much the Forest is thereby preiudiced and hurted and of his or their name or names that hath so done you shall do vs to weete Surcharging the Common 67 Item whether there hath any person or persons inhabiting within the Forestes surcharged the pasture meadow within the same and how the same hath béene surcharged and to what losse and hurt the same hath béene you
shall do vs to weete 68 And further you shall enquire if there hath any person come into the forest felled and cut downe any great Okes of the Kings and carried them away by night or by day Of the price of the horses and Carte and of the saide trees carried ye shall do vs to weete 69 Also ye shall enquire if any person or persons hath or haue come into the Forest and cut downe any small wood or vnderwood as Sparres Blete Thornes or watling roddes and carried the same away vnattached yee shall do vs to weete of his name and of the price c. 70 Item if the Forester of the Forest his Lieutenant or any Foster browseth any Mast bowes Browsewood or great Okes in Winter time more for his owne aduauntage for to sell than for the sustenance of the Queenes Deare do vs to weete and the name and price 71 Item if takers of wood by the Queenes licence or grant whether they did not exceede their graunt and authoritie you shal do vs to weete And by whose assent and how much and what person hath done so 72 Item if any man haue any warrant to haue certein trees if he hath taken more than his warrant or if he hath taken the saide trees without view of the Verderors or Fosters ye shal do vs to weete c. 73 Item if any warrant were graunted for any Okes to the Queenes vse if any man take them to his owne vse or otherwise bestow them or sell them of the prise yee shall do vs to weete c. 74 If any commissions were directed to any Woodseller for a certaine number of great Wood or vnder-Wood or both if the Woodsellers haue well made their hedges of the coppies for the sauing of the Queenes couert And if they haue concealed any of the profite on their accompt that the Queene ought to haue And if they haue enclosed any Moores great plaines or wastes to the hurt of the commoners or put in cattell to the hurt of the springs yee shall do vs to weete 75 Also what Okes or other wood the said Foresters haue giuen solde or taken or vndermyned or otherwise impaired to which the officers hath consented or otherwise c. Le quantitie et le value de tiel boise c. 76 Ye shall further enquire who hath made any spoyle or waste in the Forest of Vert in the Queenes demesne Woods And also in the woods of other persons within the saide Forest And what and how much euerie of the saide Foresters hath giuen solde or hath suffered to be giuen or hath taken to their own proper vse of the woods within their Bailiwikes And if for the fauour of any maner of person that is to saye of Noble men or meane men the saide officers hath suffered them or any of them to make spoyle or waste of their woods within the saide Forest what and how much spoyle it is And if they or any of them by meanes thereof haue taken anything of them what and howmuch it is c. 77 Further ye shall enquire how much vesture and couering all and singular woods and shadowing of the same now being asserted were worth before they were so asserted Assartes aswel of the Queenes demesnes as of other mens groundes and who hath receiued the profits thereof and how much the Corne is worth of all and singular the saide asserts which be nowe sowen c. 78 If any person or persons doth walke in the Forest out of the Queenes high way with Bowe and Arrowes other than the Reepers or officers appertaining to the Forest contrarie to the Assise of the same yee shall present his or their name or names 79 Further ye shall enquire if the Forester or Foresters of the saide Forest hath and haue early euery morning walked within his walke and limits and so diligently vsed their dueties at other times of the day looking to the Queenes Deare and other beastes of chase in watching and harkening what offenders shall come into the said Forest yea or no. 80 If any man haue stopped or streightned any Church-way Milne-way or other wayes within the Forest and Purlew you shall present his name Acōrnes and Crabbes 81 If any person or persons gather any Acornes Crabbes or any other Mast and maketh sale of them in the Market or else where to the hurte of the Quéenes Deare and commoners there you shall present the same 82 Item Purlew if any person hath made any Copes or Closure in the Purlew estraigntning the Quéenes Deare from the Forest to the hurte of the owners or pounded the beastes of any cōmoners out of the shire and not put them in open poundes whether it be in Pawnage time or not do vs to wéete 83 Item whether all such Rentes seruices and other duties which ought to be paied and done to the Queene or her Foresters haue beene duly and truly aunswered and done yea or no. 84 And finally if there be any person or persons which hath impleded or sued any Plee which dothe appertaine to our Soueraigne Lady the Queene And which is within the iurisdiction of the Iustice of the Forest and before him to be determined Or if there be any persone that hath taken any fine or raunsome for taking or killing any Hares and for hauing and keeping of any vnprofitable dogs in the said Forest contrarie to the assise of the same or for any other trespasse which appertained to the Queenes Maiestie to haue reformation for you shal present the same likewise Thus endeth the Charge of the Lorde chiefe Iustice in Eyre of the Forest BEfore that I doe begin to speake or write any thing concerning a Forest it is necessarie first of all to sée what thing a Forest is in his owne proper nature I haue read and séene many definitions of a Forest and yet not any that is a perfect definition of the same Definitio Nominis Some do make this definition of a Forest vz Foresta id est Ferarum Statio this is but definitio nominis non rei it is but an exposition of the worde forest and not a perfect definition of the nature of the very thing in deede Othersome do saie that Foresta est tuta mantio Ferarum and this is no more but an exposition of the worde Forest nether Forest as if a man should say An vnperfecte definition of a Forest that a forest is a safe abiding place of the wild beastes to restin Some do make this definition of a forest vz a forest is a teritory of grounde meered and bounded with vnremoueable markes méeres and boundaries ether knowen by matter of recorde or else by prescription This is no perfect definition of a Forest neitheir because it doth not concist Ex genere vera differentia for by this definition Westminster Hall may be a Forest Westminster Hall a Forest for that the same is a Territorie of ground
a thing that is forfeeted vnto the King and therefore the same is inquitable as a speciall thing giuen in charge at the Iustice seate of the Forest as you may sée in the xv Article of the Charge hereafter And the very like is of a Free Chase if the same be inclosed which ought to lye open And it is further to be noted also that the owner of such a Parke cannot by the Lawe punish offenders or hunters for hunting in the same Parke if it do lye open as Maister Hesket affirmeth in his reading of the Lawes of the Forest fo 3. Also there are no such officers in a Parke as there are in a Forest for in a Parke there are no officers at all but only a Kéeper or Kéepers and the Maister of the game And this you may sée how a Parke doth differ in nature from a Frée Chase a Forest or a Waren what difference there is betweene any of them The wordes of the Statute are further videantur per bonos et legales homines c. NOwe it is to be séene how the Forest shal be vewed and by whome the same shall be done And for that the King shall cause a writ of ad quod damnum to be made How the Forest shall be viewed The Shirife or Exchetor shall take an inquest to inquire what Woods the King hath aForested that were not the Kings owne demeane woodes which shall be directed to the Shirife or to the Exchetor of the Shyre or else a commission which shal be directed to certaine persons which the King shall appoynt for that purpose commaunding the same commissinors thereby that they shall take an inquest and by their othes diligently to inquire if King Henry the Second graund father to King Edward the First haue aforested or made a Forest of any Woodes of any other mans then of his owne demeane Woods Then the inquest vpon their othes shall present what landes they were that so were afforested if any such were and what damages the parties haue sustained by the making of such landes Forestes then the commissioners shal returne such presentmentes into the Chauncery to the end that it may appeare by matter of recorde what lands were aforested by him The King doth not take any thing but by matter of recorde nor departe from any thing but by matter of Recorde so that the same lands or Woods as they were aforested at the First by matter of record they may likewise be disaforested againe by matter of recorde There is a most excelent Priecident concerning the Puralies of Windsor Forest which were vewed returned into the Chauncery and afterwardes disaforested and so became Purlâ—ew which I do omit here to set downe because the same is so long that a Quier of Paper will scant containe it but I haue placed the same in the end of this booke The words are further Et si boscum aliquem alium quam suum dominicum afforestauit ad damnum illius cuius boscus ille fuerit statim deaforestentur IT appeareth by the recitall of the Statute in these wordes Et si boscum aliquem alium c. that all such Woodes as were afforested by King Henry the Second graund-father to King Edward the First which were not the Kings demesne Woods to the dammage or hinderance of them whose woodes they were that then the same Woods so afforested Lands vewed should be viewed as afore saide and after such vewe and the certaintie thereof knowen then they should be disaforested Ad quod damnum Nowe it is to be séene what is the meaning of these words ad damnuÌ„ illius euius boscus c. And for that matter it is to be vnderstood that if the King do afforest any of the Woods or landes of any of his Subiects the same is both a great dammage and hinderance to him whose Woodes or lands the same is that so is afforested The hinderance of him whose land is aforested and in what for that the owner of the same is now thereby restrayned of his former libertie and tied to the bondage of the assises of the Forest so that he cannot hunt nor chase the wilde beastes that do Féede in his owne grounde but suffer them to Féede in quiet by reason that the same place is now within the Kings Forest and so become a Preuiledge for them by the law wheras before that the same place was made a Forest if any wild beastes had then fedd vpon the same ground the owner of the grounde might haue hunted and killed them to his own profit and commoditie Also before that the same was made a Forest the owner of such grounde might haue felled his Woodes at his owne pleasure without any licence or vew of the Foresters and so haue conuerted the same to his best profit Also before the afforesting of the same the owner thereof might haue conuerted his Pasture or Medowes into tillage to his best commoditie He that doth dwell within the Forest may agist his owne Woods by the Statute of Carta de Foresta Arricul 9 And also to haue taken the Agistment and Pawnage of his Woodes which they that had lands within the Forest could not do before the making of the Statute of Carta de Foresta Articulo 9. For that branche of the saide Statute doth giue that libertie to the inhabitance of the Forest which they had not before that is to saie that euery man may agiste his owne Woodes and take the Pawnage of them to their owne vse which before the making of the said Statute the Foresters did claime to haue the same to the vse of the King only All which things considered you may sée that for any man to haue his Woods or lands afforested is a very great damage and hinderance vnto him The bondage of the Forest for the inhabitants in Forestes do suffer a very great bondage more then those do which do dwell without the boundes of the Forest The wordes are further Statim deaforestentur SO that all the Woodes and landes which were afforested by King Henry the Second which was graund-father to King Edward the first after such vew inquisition made as is aforesaid by the commissioners or vewers and the same vewe or inquisition by them returned into the Chauncery Lands disaforested so that the king may be therof acertained of the trueth of the same by matter of record as is aforesaid then after such a certificat thereof made by such officers inquestes perambulations of the very boundes of those lands so afforested the same is dissaforested no Forest any more and then those lands are euer after called Purlewes Lands disaforested Purlews euer-after because that the same was once Forest and afterwardes disaforested so that now the same is becom frée againe as it was at the first for euery man that is a Puelewman to hunte in his owne Purlew and he is accompted a Purlew
hunting in the Purlieus is a breache of the lawes of the Forest and so a breach of the good behauiour of the Forest And here it is to be noted that the Purlieus are Purlieus but only quoad to those that are sufficient Purlieu men the same Purlieus doe remayne Forest still quoad to those that are not sufficent Purlieu men by the Lawe But all Purlieu hunters aswel those that are sufficient Purliumen as those that are not must vnderstand this That the lands of the Quéenes Maiestie whersoeuer they are they shal not be acoÌ„pted Purlieus nor of the nature of Purlieus although that such lands do lye without the boundes of the Forest within the Purlieus yet for as much as those landes are the Quéenes Maiesties own landes they shal be accompted of the nature of a frée chase which is a Priuiledged place for wilde beastes and therfore no Purlie man nor other may hunte in her Maiesties owne landes without good warraÌ„t by any colour of the Purlieus or otherwise And you may perceiue by the .1 and .3 braunch of the Statute of Charta de Foresta that amongest all such landes as were by the same Charter appoynted to be dissaforested Charta de Foresta artic 1. 3. 33. E. 1. stat 5. the landes of the King are alwaies reserued to be Forest still And also by the Statute made in Anno 33. of Edward 1. Statute 5. called the Statute of the Puraley By which Statute the King doeth graunt that foorthwith the Puraleyes shall be made in euerie shire yet the King by that Statut willeth and appoynteth that all his demesne landes wheresoeuer they be that hath beene of the Crowne being returned by way of escheat or otherwise shal haue estate of frée chase and free warren and in such manner shal be saued and kepâ— to his vse for all manner of escheats so that although the landes of the Kings do lye amongest the landes of other men in the Purlieus yet the same is not Purlieu neyther may any man hunte or chase the wilde beastes there because the same is the Quéenes Maiesties Freée chase for as much as the same is her Maiesties owne demeane landes Hesket fo 12. But if séemeth by the opinion of Maister Hesket and others that haue read vpon this branch of the Statute of Charta de foresta that the disaforesting of such landes as were aforested by King Richard or King Iohn whereof the letter speaketh in the 3 Article of Charta de foresta Charta de Foresta artic 3 doth gretly differ froÌ„ the disaforesting of such landes as were afforested by H. 2. mentioned declared in the first Article of Carta de foresta For of all such lands as were afforested by King Richard or King Iohn mentioned declared there in the third Article of Carta de foresta to be disaforested againe euery man shall haue the aduantage thereof aswell he that had not the land nor any interest in the landes or woodes at the time when the same was afforested as he that had the lande or Woodes at the time of the afforesting of the same or before But of such landes as were afforested by King Henry 2. and are here appoynted to be disaforested againe by the letter of the Statute of Charta de Foresta Articulo 1. it is otherwise for although that the same King Henry 2. had afforested the landes of any other man in right or in posession Charta de Foresta artic 1. the same land shal be disaforested but only against him whose land the same then was and not against any other persoÌ„ that hath no title or right to the same lande And Maister Hesket affirmeth that thereupon the same tooke the name of Purlui Because that such land is not disaforested generally for euery man but only pur lui that is to say for him and therefore the same is called Purlui Note the difference hereof And this much concerning Purlieus or Puraleys The words of the Statute of Charta de Foresta articulo 5. are further as followeth vz Regardatores nostri cant per Forestam ad faciendum regardum sicut fieri consueuit tempore primae coronationis Regis H. aui nostri et non aliter Now it is to be seene what a Regarder is How a Regarder is made and what his office is And therefore first of all it is to be vnderstoode that A Regarder is an Officer of the Kings Forest that is sworne to make the regard of the Forest as the same regarde hath beene vsed to be made in auncient time And also to viewe and inquire of all offenâ—as of the Forest aswell of Vert as of Venison The definition of a Regarder and of all concealments of any offences or defaults of the Foresters and of all other officers of the Kings Forest concerning the execution of their offices And this is the definition of a Regarder of the Forest Now it is to be seene how a Regarder of the Forest is made And for that it is to be vnderstood that a Regarder of the Forest may be made by the King himselfe by his letters Patents How a Regarder is made or by any one of the Kings Iustices of the Forest at his discretion in the generall Eyre of the Forest or at such time as the regarde of the Forest is to be made by vertue of the Kings writ which shall be directed to the Shirife of the same Countie commaunding him to sommon the whole regarde of the Forest and to make the regard of the Forest as they haue beene accustomed to do And then if any of the Regarders of the same Forest be sicke or dead so that because there are not the whole number of twelue Regarders the regard cannot be made that then the same Shirife shall choose other Regarders that are meete men to serue in their places by vertue of the same write in his full Countie the Tenor of which write is as followeth Elizabetha Dei gratia Angliae Franciae Hiberniae Regina fidei defensoris c. Vic. Essex salutem The writ to the Shirife Precipimus tibi quod sine delatione conuenire facias omnes Forestarios Regardatores ad regardum faciendum in Balliua tua ante aduentum Iusticiariorum nostrorum de Foresta Et locis regardatorum qui motui sunt Note that the Regarder is to be sworne aut infirmi alios Elegi facias Ita quod duodecim sint in Foresta nomina eorum inbreuiantur Et Forestarij dictos duodecim milites electos ducentur per totam Balliuam suam ad vidend'omnes transgressiones quae exprimuntur in Script ' Capitulor ' quae tibi mittimus quod hoc non omittas pro aliquaâ—re Et quod dicti milites iurent quod facient regardum sicut solet debet fieri Et quod ibuut sicut Forestarij eos ducent ad praedictam Forestam videndum Et si Forestarij noluerint vel nesciuerint
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
haue his fauour to giue them Hay or Oates or any other Corne or Lambs or Pigges It appeareth by the worde de cetero that before the making of this Statute these extortions were vsed or doe make any manner of collection for any Mony or any other things This is extortion and is now prohibited by the Statute to be vsed any more hereafter For the wordes are de cetero that is to saie from hencefoorth that is from the making of this Statut such things shal not be vsed And if any officer of the Forest do vse any such Scottall or gathering now at this daie the same is extortion by the lawe and the offender therein is to be punished for the same as an extortioner in this case And then it followeth with a further addition vnto it Per visum et sacramentum duodecim regardatorum quando facient regardum so that although the making of Scottales and gathering of Hey or Oates or any other Corne or Lambs or Piggs or making of any manner of collection by any Forester or officer of the Forest is vnlawful in some cases as where any such thing is newly exacted vpon the people of the Forest without any good tytle or right to the same yet in othersome cases al those things that are here prohibited and forbidden by this Statute may be lawfull so that the same vsage had his begynning by good and lawfull tytle which may be in three sortes which are as followeth 1 By Tenure 2 By Graunt 3 By Prescription 1 The first is by Tenure as where a man doth hold certaine lande of the Kings within the Forest By Tenure to paye vnto any officer of the Forest euery yeare at his Scottall xii d. or v. s. or one Sheepe or Lambe this is not extortion nor within the letter of this Statute for this is not done Colori officij that is by color of his office onely without any other right or tyâ—le to the same but this is a thing done virtute officij And in like maner it is if a man do hold land of another man paying for the same a certaine rent and also to paye yearely to a Forester or other officer of the Forest certayn Oates or Corne or such like this is not extortion nor within the letter of this Statute So it is if a man doe giue land by his deed inrolled vnto another in tayle to finde or to giue vnto the Foresters of the Forest a certaine collection euery yeare In this case if the donee will not paye nor delyuer the sayde collection accordingly the foresters or other officers of the Forest haue not any remeadie by the law to compell the said donee to paie the saide collection But otherwise it is of the King himselfe for he may by endictment in respect of his right of the Forest haue remedie And in this case the donor himselfe may compel him by distresse to pay the saide collection vnto the saide officers of the Forest And notwithstanding that the donee do paye the same collection vnto the donor and not vnto the said officers of the Forest according to the Tenure yet that donee shall not be discharged by that payment but that the donor may in this case distrayne the donee a new for his seruice not done 2. By graunt 2 The second is by graunt as if any man dwelling within the forest wil grant vnto the King a certain collection or a certain profit for his forester or other officer of the forest to be receiued yearly by the said officers In this case the said Foresters or other officers of the forest may lawfully gather that collectioÌ„ or other profit notwithstanding the prohibition of the said statut The same law is if a man doe graunt to such an officer of the Forest any such collection profit or other thing in Sustentationem officij that is a good graunt and by that graunt the said officers of the Forest which haue such a graunt may lawfully take and gather such a collection notwithstanding the prohibition by that letter of the Statute and vpon the first case the King may force him to come and to paye the said Foresters the saide collection or other profit by an assise or information for the King before the Iustices of the Forest by a datum est curiae intelligi that the grauntee will not paye such a collection according to his graunt may compell him to paye the same and also in the said Second case he shal be forced to performe his graunt by an Action of couenant 3. By prescription 3 The third sorte or manner of lawfull gathering of such thinges is by prescription and that is onely where there hath beene a forest and officers there the tyme whereof the memory of man is not able to remember the contrary for in that case to alledge that the Forest was made after the lymitation of the writ of right doth auoyd the custome and prescription cleane A Forester in fee may prescribe in him his ancesters to haue three halfe pence euery daie throughout the whole yeare pro victu suo he may lawfully gather the same notwithstanding the prohibition of the said Statute Hesket f. 30. E. And the lyke lawe is in all cases of prescription where the same prescription is lawfull So a Forester of fee may prescribe to haue all the wind-fal-wood or Mort boys within the forest or thorowout all his bayliwike and in like manner all the browswood that is felled for bruse in Winter for the Deare Also a Forester may prescribe to haue the vmbles also one shoulder or both the shoulders of euery Deare that is killed within his Bailiwike and likewise the skinne and this is a good prescription in lawe And whereas the words of the Statute are Nisi per visum Sacramentum duodecem regardatorum It is to be vnderstood that these words do permit and suffer some sort of scottals and collections made by the Foresters and other officers of the Forest to remaine and continue still at this daye So that the same be such Scottals or collections as had a lawfull beginning at the first as hath beene shewed before which of necessitie must be in one of those three degrees aforesaid And also that the foresaid Scottals or collections must be found presented by the view of the Regarders vpon their oathes when they do make their regard of the Forest that the said Scottals or other such like collections had a lawful beginning at the first as by Tenure by Graunt or by auncient Prescription so that thereby it may appeare by their view and oathes that the said Scottals or collections which the Foresters and other officers of the Forest do so vse to make is a thing that is lawfully done by right and good title to the same and not wrongfully exacted vpon the people by colour of their office onely The letter is further Tot Forestarij ponantur ad
are sundrie very good presidentes to warrant either of these thre waies aforesaid And cōcerning distresses as I do take it those that doe make defaultes at the saide Courtes of Swanimote and the same defaultes being recorded then the defaulters may bee distrayned to appeare at the next Swanimote of common right Like as vppon an originall where a man is Sommoned and doth not appeare afterwardes a distresse shal goe out immediatly against him and then as it seemeth those that doe make default there shall be bound to a double distresse by reason of that default that is to saie one distresse for the amercement by reason of his non apparance pro secta sua non facta The nature of a distresse and another for a new apparance at the next Swanimote be it sute reall or sute Seruice or else by direct proces of common right like vnto a distresse against a Iuror to distraine him to come to the next Swanimote But now for the better vnderstanding of the word distresse I wil here speake somthing concerning the nature of the same And where distresses may be lawfully made taken in such cases which doe concerne Swanimotes and what things may lawfully be had or taken in execution for distresses And for that it is to be vnderstood that if an officer of the Forest do make default at any Court of Swanimote then the chief Warden of the Forest or his Lieutenant or the Bedell of the Forest may destraine him for that amercement of three shillings or more or lesse in any land that hee hath or doth hold by reason of his office if he do hold any land so And in the like maner he may distrayne any other land that he hath within the Forest although that the same doe not appertaine vnto his office but he cannot distraine him out of the Forest in his landes but he may distraine the goodes or Cattels of that officer How distresses ought to be taken although that they be in the landes of any other man within the Forest And the same lawe is of euery other man that ought to appeare at the said Courtes of Swanimote as the foure men and the Reue Baylife Constable Tithingman Free-holder of Iuror which is Sommoned to appeare at the said Court of Swanimot to be of any Iury for the Queenes Maiestie or any other seruice there as in the case is afore said And if the said chief Warden of the Forest or his Lieutenant or the saide Bedell of the Forest which ought to distraine cannot find any distresse of his within the Forest then he ought to certifie the same before the Iustices of the Forests and vpon a Testatum there that such a person which ought to appeare at the Court of Swanimote in such a forest did make default and for the same he was amerced and that he hath not any lands nor goods within the Forest that he may be distrayned by but that he hath sufficient landes within such a County which is out of the Forest then vpon that Testatum there shall goe a write or precept to the Shirife of the said foren Countie which is out of the Forest where he hath sufficient of landes ad distringendum terras et tenementa cuiusmodi A. B. comitat ' illo c. And then by vertue of that write or precept the Shirife may lawfully distraine him there for that amercement and so you may see that the Iustices of the Forest vpon such a Testatum as is afore saide may cause a write or precept to bee made to the Shirife of a foren Countie that is out of the Forest to leuie such a mercement by distresse and yet they are not properly Iustices within the saide Counties but Iustices of the Forestes within those Counties this is affirmed by the opinion of Maister Hesket Master Hesket Fo 37. And if the Bedell of the Forest or other officer do come to distraine for such an amercement in the Forest and the owner of the same goods which are to be distrained knowing thereof by couine doth come before that the said Bedell or other officer hath distrained them and doth conuey them away out of the forest in this case although that such an officer do freshly pursue them yet he cānot lawfully take those goods nor distraine them being out of the bounds of the forest But if such an officer had taken and once seised the beastes of the defaulter for such an amercement lawfully as a distresse and then the owner by force had taken them from him and so driue them out of the Forest then the said Bedell or officer may make hue and crye freshly pursue after him and so take those beastes from the said rescusor in any place wheresoeuer out of the Forest And the same law is if a straunger do take those beastes from the Bedell or officer after that he hath distrained them and then doth deliuer them to the first owner againe which doth driue them out of the Forest then the saide Bedell or officer may lawfully pursue them and take then againe But if that the beastes distrained vt supra do come backe to the owner againe into his land that is out of the bounds of the Forest by the negligence of the Bedell or officer that ought to haue impounded them then the officer cannot take them againe Master Mesket Fo. 38. For now the first distresse is determined by the comming backe againe of those beastes to the first owner which is done without his act for in this case it is not like to a rescous where the owner of those beastes doeth come to the possession of them againe by his owne wrong But if the Bedell or other officer do distraine for any amercecement vt supra and then doth deliuer the same beastes which he hath taken by distresse to a straunger to keepe to his owne vse whereby the straunger to whome they were deliuered so to keepe doth driue them to his owne land being within the Forest and afterwards the owner of those beastes doth take them out of his land that hath the keeping of them and driue them out of the Forest in this case the Bedell nor other officer can not take them againe now being out of the Forest But otherwise it is if that the Bedell or other officer had taken the distresse and deliuered the beastes vnto a straunger to keepe as a distresse In this case if the owner take them do driue them out of the Forest yet the Bedell or other officer may freshly pursue them take them againe from him although that they be without the Forest in a forreine Countie Note the difference where such beasts were deliuered to be kept as a distresse and where to be kept to his owne vse If an officer of the Forest or other person that ought to appeare at the Swanimote Court haue land within the Forest and the beastes of a straunger do escape into his land
that he hath made for any offence or trespasse of the Forest before the Verderors of the Forest at the fortie daie Courte and at the Court of the Swanimote according to the assises and lawes of the Forest to thend and purpose that the Vert and Venison of the Forest may be the better preserued and kept by the due punishment of such as shal be founde to be any trespassers or offenders in the same And thus â—uch concerning the office of a Forester And now because the words are Conueniant Forestarij viridarij et agistatores It is to be seene what a Verderor is how he is made what is his othe and also what is his office A Verderor is a iudiciall officer of the Kings Forest chosen by the King in the full Countie of the same shire within the forest where hee doth dwell The definition of a Verderor and sworne to maintaine and keepe the assises of the Forest and also to view receiue and inroll the attachmentes and presentmentes of all manner of trespasses of the Forest of Vert and Venison And it is to be vnderstood that there are most commonly in euery one of the Kings forests within this Realme foure officers of the forest called Verderors which ought to be Esquires or gentlemen of good account abilitie liuing which are wise and discreete men and well learned in the lawes of the Forest The office of a Verderor is almost like vnto the office of a Coroner in some poyntes for as a Coroner by the lawe is to view the dead bodie of any of her Maiestes Subiects that is sodainly slayne or found dead and it is not knowen how he doth come by his death then the Coroner is to repaire to the same dead bodie vpon notice thereof vnto him giuen to see and view the same and there also to inquire by the othe of xii good and lawful men vpon the view of the same dead bodie and such euidences circomstances as can by any meanes be there learned how he came to his death and who was the occasion thereof Euen so a Verderor is to view the wild beastes of the Forest And if any of the Kinges wilde beastes in the forest be found slayne or sore wounded or hurte then vpon notice thereof giuen vnto the Verderors or vnto any one of them then he ought to repaire to the same wild beast that is so slayne killed or hurt and there to cause an inquisition to be made per quatuor villatas propinquiores Forestae to knowe how the same wild beast was killed and by whom as it doth appeare by the assises of the Forest Articulo 7. Assisa et coÌ„suetudines Forestae Artic. 7. And so a Verderor in that respect is an officer like vnto a Coroner And it is to be noted that euen as a Coroner is chosen by the Kings write in the full Countie So is a Verderor also for when any of the Kings Verderors of his Forest is dead then vpon certificat thereof made vnto the King in his highe Courte of Chauncery that T. Barfoote one of the Verderors of the Forest of Waltham is dead How a Verderor is made the king thereupon doth graunt out a write de viridario eligendo directed to the Shirife of the same Shire within which the Forest is where he is to be chosen Verderor commaunding him in his full Countie to chuse another Verderor in the place of him that is dead the tenor of which write is as followeth Elizabetha dei gratia Angliae Frantiae et Heberniae The write de viridario eligendo Regina fidei defensor c. vic' Essex salut ' quia Tho. Barfote nuper vnus viridarior ' nostrorum Forestae nostrae mortuus est vt accepimus ideo tibi praecipimus quod si ita est tunc in pleno comÌ„ tuo de assensu eiusdem comÌ„ loco praed'Thomae Barfote eligi facias vnum alium viridarium qui prestito sacramento provt moris est extunc ea faceret et conseruaret quod ad officium viridarij pertinet in Foresta praedict ' et talem eum eligi facias qui melius sciatet possit officio illi intendere et nomen eius nobis scire facias teste c. By which write it appeareth that a Verderor shall be chosen in the full Countie in the same manner as a Coroner is by the free-holders So that when the Shirife hath receaued the Kinges write aforesaide for the chusing of an other Verderor and that he by virtue of the same write in his full countie hath caused the free-holders there to elect a wise discreet sufficient and able man See the othe of a Verderor at large before pag. 51. to serue in the saide place of a Verderor that the same Shirife hath giuen vnto him an othe according to the Tenour of his write which is that from hencefoorth the same Verderor shall obserue and do those things which vnto the office of a Verderor doth appertaine within the same Forest And then this election of such a new Verderor togeither with his name must be certified into the Court of Chauncery by the same Shirife in his retorne made of the same write and in this sorte a Verderor is made and no otherwise then this no man may be made a Verderor of any Forest of the Kings Fitzh fo 164 And if any Verderor of the kings Forest be discharged from his office by falce suggestion by a write of the Kings directed to the Shirife then the partie or Verderor so discharged may come into the Chauncery and there require a commission to inquire of that suggestion and to certifie that inquirie in the Chauncery before the King or the Iustices of the Forest may certifie the King of that falce suggestion vnder their Seales And if the same suggestion be found false then the King may make a supersedeas to the Shirife that he shall not remoue the saide Verderor c. And if that he be remoued alreadie that then he shall still suffer him to vse and occupie the saide office of a Verderor as he did before And thus much concerning the making of a Verderor and also his othe which you may see set downe at large here before pag. 51. And if any Verderor Forester or any other minister of the Forest be compelled by the Shirif to any Assises Iuries or inquestes they may haue a writ directed to the Shirife to discharge them as it doth appeare in Fitzherberts Nâ—atura breuium Vide Natura breuiuÌ„ Fitzh fo 167. a The office of a Verderor And nowe concerning the last poynt which is the office of a Verderor what the office of a Verderor is in what things the same doth chiefely consist it is therefore to be vnderstood that the whole office of a Verderor doth consist in these sixe things that is to saie 1 Ad videndum 2 Ad inquirendum 3 Ad recipiendum 4 Ad inbreuiandum 5
the wilde beasts of the King for their pasture And if any person did the contrarie then they were gréeuously punished And also if any had Woods within the Forest to be agisted he might not driue his Hoggs through the demesne Woods of the King to his owne Woods without licence of the officers of the Forest Or if the Hoggs agisted in those Woods did chaunce to scape by night out of the Woods where they were agisted into the Kinges Woods then the owner of those Hoggs was gréeuously punished for that matter and also the Hoggs by the law were forefeited by the presentment of the officers of the Forest So that by such meanes a man that then had Woods or lands within the Forest should haue great dammage preiudice losse of the profit of his lands or woods and the agistment there fore the greatest parte of the yeare and for the remedie of these matters that Charter of the liberties of the forest was made which saide Charter of the liberties of the Forest doth now giue vnto euery such man that hath Woods within the Forest a verie great libertie which is that he may agist his owne Woods or lands which he hath within the Forest at his owne wil and pleasure at any time of the yeare And also that he may take the pawnage of them him selfe at his owne will and pleasure And also that he may driue his Hoggs or Swine through the Demeasne Woods of the King without any vexation or troble to agist them in his owne Woods or else where there And though that the Hoggs of any other person doe remayne all one night dammage fesant within the Kings Forest yet notwithstanding he whose Hoggs they were shall not be impeached or lose any thing for that offence But for as much as this letter of the Statute of Carta de Foresta was so generall a libertie giuen vnto all men therefore the Assises and customes of the Forest made in Anno 6. Edwardi 1. Caput 13. hath made one especiall lymitation and order concerning Swine or Hoggs which is that although they are not beasts comminable within the Forest nor to be kept there all the whole yeare Pag 4 but onely during the tyme of Pawnage yet a man may agist his Hoggs yearely within the Forest in the tyme of Pawnage as it doth appeare in the words of the same Statut the words being as followeth Si quis habuerit boscum iuxta dominicum boscum domini Regis Assisa Forestae cap 13 licitum est ei postquam dominice haie agitate sunt habere in bosco suo tempore paunagij tot porcos quot boscus per visum forestariorum viridariorum regardatorum agistatorum et aliorum proborum hominum possit pati et hoc fiat c. And so it doth appeare that the agisting of the Hoggs of any man at this daie within his owne demesne Woods within the Forest cannot lawfully be done vntil the demeasne hedge-rowes and hedges of the King be agisted and then he shall haue the agistment for Hoggs during the tyme of the Pawnage yearely What is Agistment by the view of the officers of the Forest and by their discresion assigned as the Woods may sustaine But now here it is verie necessarie to shew what thing agistment is what thing Pawnage is And for that it is to be vnderstood that agistment is most properly the common of Harbage What is Pawnage of any kind of grounde or land or Woods or the Mony due for the same And Pawnag is most proper the mast of the Woods or land or hedg-rowes or the Mony that is due to the owner of the same for it Maister Hesket in his reading of the Charter of the Forest sayth that the Pawnage is not the pasture mast for the Hoggs within the Forest but sayth he Master Hesket fo 48. it is the dutie or Monie that is to be payed to the owner of the ground for the pasture feeding and Mast of Hoggs And he saith further that the same hath beene so adiudged in the tyme of Edward the first but he doth not shew in what yeare but he setteth downe the case in these words Trespas fuit port per vn home pur entrer in son parke oue ses aūs son pawnage la depasta Et le briefe fuit abate per agard del Court Car le briefe doit estre que il oue ses auers pessonem suam la depasta et nemi vt supra Car le pawnage est solement les deniers payes pur cest pession The Letter is vnusquisque liber homo And if a man doe hold of me in villanage certaine Wood with in the Forest yet notwithstanding he may agist his owne wood for he is free against all men but onely against me But the lawe is contrarie if a villaine of the Kings do hold Wood within the Forest for it is properly such a villaine that the Statute doth meane for such a villaine hath not any libertie by this letter of the Statute and in that case the King shall haue his agistment and not his villaine If I doe giue land or Wood lyinge within the Forest to another in tayle Frankemariage or for terme of lyfe the donée or grauntée shall haue agistment and pawnage there The same lawe is if I do let my land or Wood within the Forest to one for terme of life or for yeares or at wil such a lessee shall haue the agistment and pawnage there but the law is contrarie of tenaunt by sufferance Carta de Foresta cap. 10. The words of the Statute of Carta de Foresta caput 10. are Further as followeth Nullus de cetero amittat vitam vel membrum pro venatione nostra Sed si quis captus fuerit et conuictus de captione venationis nostre grauiter redimatur si hēat vnde redimi possit Si autem non habeat vnde redimi possit iaceat in prisona nostra per vnum annum et vnum diem et si post vnum annū vnum diem pleg inuenire possit exeat de prisona sin autem abiuret regnum Anglie c. AT the commmn Law before the making of this Charter if any man had killed the Kings Venison or his Deare in his Forest then such killing was felonie by the lawe and for that offence such an offender should by the lawe lose and forfeit aswell his life and member as all that he had at the will and pleasure of the King And in auncient time that was called plena vita hoc est plena forisfactura and then the same was taken as a forfeiture and offence as if a man had fought and broken the peace within the Kings house or his hostell in warre or before the Iustices of the King sitting in the time of peace in their Iudiciall seate which Iudiciall seate is by the lawe a place priuileged and a peaceable place as the Forest is for the preseruatiō
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
or vnto the lawnes medowes pleasant feedings for their releefe and therefore they are called Campestres that is to say beastes of the feelde or beastes that do haunt the feeldes There are but fyue beastes of the Forest There are fiue beastes of the Fâ—â—est And there are fiue beasts of the Chase and there are also fyue beastes of Chase as hath beene shewed before Also a Forest doth most chiefely consist of these three things vz of Vert Venison and certeine perticular lawes and officers for to see the due exetution of the same And as concerning the first of them which is Vert it is to be vnderstood that Vert A Forest doth consist of Vert. Venison and Lawes for the purpose Greene hewe Venison Perticular Lawes which the olde Foresters were accustomed to call Greene hewe is euery kind of thing that doth growe within the Forest and beare greene leafe which may be any succour or couert for the wilde beastes to haue their secreat abyding in The seconde thing is Venison by which is vnderstood all maner of wilde beasts of Venerie which are beastes of the Forest beastes of the Chase The third is certaine perticular lawes which are onely proper belonging to a Forest for the preseruation of the same Vert Venison for the punishmeÌ„t of such as are offenders therein A Forest doth conteine in it a free Chase a Parke and a Warren And because that these lawes might the better be executed Euery Forest hath certeine meete officers for that purpose only as Verderors Regarders Foresters such like c. Also this word Forest is both a generall a compound word for that the same doth coÌ„prehend many things in it For a Forest doth alwaies comprehend in it a Free chase a Parke a Warren all these are contained in a Forest And therefore if any person do hunt or kill within the Forests any maner of Wilde beasts which are but vermine Fractio Regalis Chaceae see Carta de Foresta of king Canutus canon 27. neither beastes of the Forest nor of the Chase yet the same person is to be punished for the breach of the kings free Chase Also if any person do hunt or kill wilde Conyes in the Forest he shal be punished for the same And likewise if any person do destroy Partridges or Fesants within the Forest he is to be punished for they are fowles of warren The taking of Fesaunts and Partridges are forbidden by the Statute of 11. H. 7. ca. 17. and the King hauing the franches of a free Warren within euery Forest all such fowles beasts of Warren are by him protected in the same only for himself his nobles for his pleasure princely delight The King himself may haue a Forest but so can not a common person without a special graunt from the King for the same Also a comon person may haue a free chase by the grant of the King or Prince or els by prescription Itinere Northampton An. 3 E 3. Br titulo Prescription 57. Vide ibideÌ„ quoque 108. And it is to be noted that a comon person may prescribe to haue a park or a warren in a certaine place within his Mannor as appendant to the same as it doth appeare in Itin ' Northanpt ' An. 3. E. 3. An. 13. H. 7. f. 16 An. 5. E. 4. f. 18. where al these are holden for good prescriptioÌ„s diuers of them are allowed in the Eyre before the Iustices of forests for good claims He that hath a Freechase by the king must not vse the same for all maner of wilde beastes but onely for wilde beastes that are beastes of the Chase Misuser Prescriptions The punishment of offenders in a chase And the offenders that are taken offending in any Chase they are to be arrested imprisoned and punished by the common law and by the Statute de Malefactoribus in Parcis Chaceijs c. which was made in An. 21. E. 3. But such offenders are not to be punished by the Lawes of the Forest as offenders in the Forestes are Now it is to be seene what thing a Warren is A Warren is a fraunches or priuiledged place of pleasure only for those beastes Fowles that are beastes and fowles of Warren Campestres non Siluestres id est tantum Campestres non siluestres vz For such beasts fowles as are altogither belonging to the feelds not vnto the woods Vide the Register in titulo Trespas de malefactoribus That these only are beasts birds of Warren 21. E. 3. de Malefactoribus in Parcis for none other beastes or fowles Ther are but two beastes of Warren that is to say Hares and Connyes And there are also but two Fowles that are Fowles of Warren vz Fesants Partridges And no other wilde beasts nor byrdes haue any firme peace priuiledge or protection within the Warren If any person be found to be an offender in any such frée warren he is to be punished for the same by the course of the common law by the Statute of 21. E. 3. called the statute de Malefactoribus in Parcis Chaceijs c. For the most parte there are no officers in a Warren but only the master of the game or the keeper A free Warren is sometime inclosed and also sometime the same doth lye open for there is no necessitie of inclosing of the same as there is of a Parke Abuser for if a Parke be suffered to lye open not inclosed the same ought to be seised into the Kings hands What a Parke is A Parke is a place of Priuiledge for wilde beasts of Venerie also for other wilde beasts that are beasts of the Forest and of the Chase tam siluestres quam Campestres And all those wilde beastes are to haue a firme peace protectioÌ„ there so that no man may hunt or chase them within the Parke without licence of the owner of the same for if any person shall do the contrary then he is to be punished by the course of the common lawe as by an actioÌ„ of Trespas which the same owner of the Parke shal bring against him that shal so offend or els such an offender shal be punished according to the Statute de Malefactor ' in Parcis c. But yet a Parke is of an other nature then either a Chase or a Warren is For a Parke must be inclosed and may not lie open Abuser A Parke must be inclosed of necessitie for the same may not be suffered to lye open for if it doe the same is a good cause of seysure of the same into the handes of the King and this is called abuser for that the same is abused from the nature of a Parke Maister Hesket in his reading fo 3. for if it do that is a good cause of seysure of the same into the hands of the King or Prince as