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
time William Rufus And after his death William Rufus his sonne in like sort continued those Lawes during his life vntill he was slaine in new Forest as he was in hunting And after the death of the saide William Rufus without issue of his body king Henry the first his brother succeeded him as next heire vnto the Crowne of this Realme Henry the first by his Charter did confirme all the said Lawes of the Forest of Saint Edward the Confessor as it doth appeare in the redd booke in the Excheker called Liber Rubus cap. 1. Liber Rubrus cap. 1. Legum suarum and also in the second Charter of the said book of the Lawes of the Forest in these wordes Forestas vero Communi assensu omnium Baronum meorum in manu mea sic retinuo sicut pater meus eas retinuit And then afterwards in the 18 Chapter of the said Booke the plees of the Forest are there specified and rehearsed in these wordes Placita quoque Forestarum satis sunt in commoditat ' valliat ' sicut de assertis de Cessione de venatione de cumbustione c. VVhich Lawes of the Forest afterwardes did more and more increase and so did continue during all the life of the said king Henrie the first And after his decease King Steuen king Steuen by his Charter did confirme all the said Priuileges Lawes Customes made and graunted by Saint Edward the Confessor and also by king Henry the first his vncle as it appeareth in the booke of the said Lawes All which said Lawes and Customes the said king Stenen did continue all his life And after his decase king Henry the second succeeding him as next king of this Realme King Henry the second by his generall Charter did confirme the said Lawes of the Forest in most things principally concerning the beginning of Carta de Foresta For in the first booke of his Lawes made in the 19. yeare of his raigne Chap. 16. he rehearseth and declareth the Lawe of the Forest and the very nature of that and doth farther shewe there how that the Lawes of the Forest do varie and differ from the Common Lawe of this Realme as it doth appeare in the said redd Booke in the Excheker in these wordes Sane Forestarum lex ratio pena quoque vel absolutio delinquentium siue pecuniaria fuerit siue corporalis scorsum ab aliis regni ludicijs secernuntur folius regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati subijcitur legibus quidem proprijs subsistit quas non lure communi sed voluntaria principum Institutione subnixasse debent adeo vt per legem eius factum fuerit non Iustum absolute sed Iustum secundum legem Forestae dicatur quia in Forestis penetralia regum sunt corum maximae deliciae ad has quidem venandi causa Curis quandoque accedunt vt modica quiete recreentur And afterwards in the twelfth Chapter of the same booke there doth followe another sentence concerning the lawes of the Forest in these wordes In singulis Comitatibus Foresta regis non est sed in nemorosis vbi ferarum latibula sunt vberior pastura nec interest cuius sunt nemora siue enim regis siue regni procerū liberos tamen indemnes habeat ferae Circumque discursus So that by those texts before rehearsed it doth appeare how the Lawes of the Forest were taken and vsed in times past and by those wordes Nec interest cuius sunt nemora c. It is plainly shewed that the king then might yet may also make a Forest in euery place where he pleaseth aswell in the landes and inheritance of any of his subiectes as in his own demeasne lands and inheritance which was a great losse and hinderance to those that were owners of those lands that were so afforested For after the same was so afforested their pastures and profits of their lands was deuowred by the wilde beastes of the king without any recompence for the same to be made vnto them And this lawe of afforesting of the landes and inheritance of other men did then daily so increase that the same was thought a very extreme heauie burthen aswel vnto noble men and gentlemen as also vnto the poore comminaltie of this Realme to beare for that they might not inclose their land nor improue the same to their best profite that was so afforested by the king But they were forced to suffer their said lands aforested to lye open and not inclosed And if any of them did chaunce to offend against the Assises or Lawes of the Forest the punishment was sometimes verie great for a small offence and the forfeitures for the same according to the will and pleasure of the king and not according to the quantitie of the trespas nor yet according to the course of the Common lawe of this Realme And this law did continue during the life of king Henry the second And after his decease the same continued likewise during the raigne of king Richard the first And then after his desease likewise during the raigne of king Iohn Richard the first King Iohn And euery one of the saide kings did daily increase and make more newe Forestes and more in the lands of their subiectes to the great hinderance and impouerishing of their subiectes And this mischiefe was not at all remedied vntill the making of the Charter of the liberties of the Forest Henry the third which was made by king Henry the thirde And afterwardes the same Charter was confirmed and enlarged by king Edward the first his sonne which Charter was made for the pacifying of the Comminaltie of this Realme that then were much agreeued at this mischiefe Edward the first And therefore the same Charter called Carta de Foresta euen in the verie first Article of the same did prouide a remedie in that behalfe in these wordes Omnes Forestae quas Henricus auus noster aforestauit videantur per bonos legales homines et si boscum aliquem alium quam suum dominicum afforestauerit ad damnum illius cuius boscus ille fuerit statim deaforestentur c. By which branch of the said Charter you do see that all Forestes that king Henry the third had made of the lands of any of his subiects which were not the kings owne demeane landes are here appointed to be disaforested againe And againe in the third Article of the said Charter of the Forest there is the verie like remedie and prouision that all such Forestes which king Richard the first and also king Iohn had aforested and made of the landes or woodes of any of his subiectes being not the demeasne landes of the Crowne that then all those landes and woods should be disaforested againe For these three kings that is to saye king Richard the first king Iohn and Henry the thirde had then newly aforested so much of the landes of
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
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
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
renting of such purpresture must also be certified into the Exchequer and the Queenes Maiestie must be aunswered thereof vpon euery Shirifes acompt The words of the same Charter in the third Article are these Article 3. Omnes autem Bosci qui fuerunt afforestati per Regem Richardum aâ—unculum nostrum vsque iud primam coronationem nostram statim de afforestentur nist sic domiincus boscus noster THis Article is to that effect that the first Article in the saide Charter is For as King Henry the Second which was graund-father to King Edwarde the first had a forested a greate parte of the landes of his Subiects which did cause a great harteburning to growe against him For the remedying of which mischiefe the said first Article hath prouided that al such landes that hee had so afforested which were not the Kings owne demesne lands to the hurte of his Subiectes that they should be vewed by good and lawfull men and all such landes so afforested which were not the Kinges owne demesne landes should be foorth with dissaforested againe So likewise King Richard and King Iohn had in their time afforested the landes of their Subiectes in many places in this land to the great discontent of the whole Realme for the paâ—â—fâ—ing whereof this third Article or braunch hath likewise prouided this remedie that they foorth with should be disafforested againe as those should that King Henry the Second had afforested How landes are afforested and made to be a Forest and howe they are dissaforested and made no Forest againe What hurt the afforesting of the same land is to the owner thereof and how the same shal be vâ—wed before the same shal be so dissaforested and by whome it hath beene shewed already before And â—owe as concerning this worde Dominicus Boscus that is those woodes which were the kings auncient demesne woodes or landes although that the King by the Lawe might afforest the Lands of his Subiects in any place where he would within this Realme yet any King or Prince hath seldome or neuer afforested the landes of any of their Subiects in any place in this Realme but where as the same King or Prince also hath had landes or Woods of their owne And then when that such a King or Prince did so afforest their owne landes for the enlarging of their pleasure and delight in hunting they did afforest the landes of their Subiectes next adioyning to the Kings lands or woods so afforested all which landes that were so afforested by King Henry the Second King Richard his vncle or King Iohn his father they are here by these two braunches the 1. and the 3. to be dissaforested againe But such landes or woodes which were the Kings owne demeasne woodes or landes they are here by 2 braunches reserued to remaine and be Forestes still In these wordes nisi sit dominicus boscus noster and those lands that were not the Kings owne demeasne lands that were adioyning to the landes of the Kings that were so afforested after such dissafforesting of them then they are at the libertie of the owners thereof as they were before that the same was so afforested to cut downe their woods to make their lands earable that were Medows or pasture before or any other way to conuert the same to their best aduantage and profit And also the same owners may chase the wilde beastes that they do finde there at their owne pleasures and slay them if they can take them by chasing with Greyhoundes or otherwise so that they do not forestal them or foreset them in their returning to the Kings Forest againe For al such landes that were once afforested by the King and afterwardes disaforested then the same is euer afterwardes Purlieu Purlieu and of the nature of Purlieu so that there is not any lande that is or can be Purlieu but such as was once a Forest or a Free Chase For there may be landes that are Purlieus adioyning aswell to a Free Chase as to a Forest as it doth appeare in the Case of the Lorde Gray for Whaddon Chase in my Lorde Dieâ— his booke in 15. and 16. Elizabethae fo 326. And it is to be vnderstood that such laÌ„ds or woods as are here disaforested by this statute or Charter the same was at the request of the Comminaltie of this realme that is to say of Gentlemen Vide the case hic ante pag. 64 yomen and of the poorer sort of people which had such lands so afforested by the said Kings for whose reliefe these two branches of this Charter were most especially made as it doth also apeare by another Statute that was made in 33. E. 1. Statute 5. called the Statute of the Puraley beginning in these wordes That whereas certaine people that be put out of the Forest for the Purley Hic ante 34 35. The Statute of the Puraley 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 demaunded of them as they were wont to be So that you may thereby see that the Puraleys were first graunted at the especiall request of the Comminaltie of this Realme for their reliefe And here you may note by the wordes of the Statute of Carta de Foresta and also by the saide Statute of the Puraley of Anno 33. E. â— that all such lands as were so disafforested be thereby now clearly out of the Forest and are Puraleys according to the grant of the King by his Charter of Puraleys granted to his subiects By which Charter if you do diligently read and peruse it you shall thereby knowe the verie nature of the Purlieu and how the same is made howe it had his beginning The Charter of the Purlieu in the end of this booke with all other things that doe belong to the Purlieu what things a Puralie man may lawfully doe and how he may hunte in the Puraleys by the lawes of the Forest and the Charter of the Purlieus For although it be lawfull for sufficient Purlieu men to hunte and chase the wilde beastes in some sorte in their owne land that is so disaforested and made Purlui or Free for them onely Yet it is not lawfull for euery owner of land disaforested to hunt or chase the wilde beasts in their own land disaforested but only for them that haue xl s. by the yeare of freehold lands For those that haue lands of freehold to the yearly valew of xl shillings they may kéepe Greyhounds or other dogges to hunt withall out of the Forest by the statute of An. 13. R. 2. ca. 13. 13. R. 2. ca. 1â— But so may not euery other man that hath not landes to that valewe For such pastime is by the Lawes of this Realme reserued for Earles Barons and Gentlemen and for some other men of good acompt not for hindes nor pesantes of the Contrie to hunt
worne out of vse in most forestes For it seemeth that in the time of King H. 2. there were no Regarders left in any Forest and then the Foresters Woodmen did take no good regard to the Forestes and most especially the woodmen whereby the Kings woods were greatly destroyed which was an especial cause of the decay of Venison And because that the said King H. 2. would haue his Forestes the better kept and looked vnto he did ordaine that certaine Regarders should be appointed in euery Forest throughout his whole Realme for to suruey the Forests as it doth appeare by the Assises of the Forest made in his time where he doth say as followeth Item Dominus Rex precipit quod in quolibet Comitatu in quo habet venationem ponantur duodecim milites ad custodiendum Venationem suam viridem in Foresta Assisa Forestae H. 2. Et quatuor milites ponantur ad agistanduÌ„ boscos suos And these Knightes for the time that they are officers of the Forest they are called Regardors taking the name of Regardors of the effect of their office because they do as it were agere curam custodiendi viridis veneris that is that they must alwaies regarde the safe keeping preseruing of the Kings Vert and Venison in his Forest And so it seemeth that at that time no man was called to the place of a Regarder but hee that was a Knight But now at this day other good and lawfull men which are not Knights are chosen to be Regarders of the Kings Forest which officer of a Regarder is an officer of the Forest appointed by the King to see the preseruation of Vert and Venison in the Kings Forest and also to suruey all other officers of the Forest And also it appeareth by the Assises of the Forest domini Wilhelmi Veysey made in the fifteenth yeare of the raigne of King Edward the first Assisa domini Wilhelmi Veysey anno 15. E. 1. that it was established there as a lawe that there should not be any more than 12. Regarders in a Forest where he doth say Quia Euedenter constat Iusticiario Itenere suo quod tam magna oneratio regardatorum est in Foresta praedicta quod non est sustinendum propter magnum domini Regis dampnum Prouisum est quod de cetero in Foresta non sint nisi tantum dict' duodecim regardatores Et quod illi Regardatores faciant regardum per totam Forestam quoties Assisa Forestae voluerit c. And it is to be noted that in euery Forest of the Kings or in the greatest part of them there are certaine woods that are the Kings owne demeane woods belonging to the Crowne and the King hath the regarde of all the woods and waste grounds and other lands which are afforested and within the boundes and limittes of the Forest aswell those that are not the Kings owne woods as those that are the Kings owne woods And somtimes it falleth out that ther are some woods that be within the bounds and limits of the Forest and yet they are no parte of the Forest as in times past Wallwood in Essex was for the same was within the Forest of Waltham and yet not any part of the Forest nor within the regard of the Forest The differeÌ„ce Iâ—â—ra rewarduÌ„ Extra rewardum But all such woods lands as are parcell of the Forest the same is within the regard And all such lands as are within the bounds of the Forest and yet not any parte of the Forest the same is out of the regarde of the Forest and this is the meaning of the Assises of the Forest Articulo 3. and 4 where the words are Si quis inuentus fuerit extra dominicum boscum infra rewardum c. and so note the difference infra rewardum Forestae and extra rewardum Forestae And it is also to be noted that in the making of the regard of the Forest there are diuers officers besides the Regarders to be imployed as the Foresters woodwards other persons which be owners of the woods and lands within the same regard of the Forest And if any man haue a regard within the Kings Forest belonging to him of inheritance and hath there of certaine Foresters of fee belonging to the same then in that case the Foresters and Regarders of any other regard cannot enter in there to do any thing because that the same is out of their charge and within the charge of others But yet neuerthelesse in that case the chiefe Wâ—rden of the Forest together with the Foresters and Regarders may go thether to suruey the same Assisa Forestae H. 2. and to make the regard of the same as it doth appeare by the Assises of the Forest where he doth say Quod omnes illi qui habent boscos infra metas Forestae ponant idoneos Forestarios in boscis eorum de quibus c. Whereby it appeareth that the Foresters of the King may lawfully suruey all other Foresters And so it is of the Regarders of the King for they shall suruey all other Regarders being within the boundes and limits of the Kings Forest although that there be some particulars or officers for that place vide Treherne in his reading fo 17 And note that no man may haue Regarders for any Forest but the King only except it be by the especiall graunt of the King Neither may any man take vpon him the office of a Regarder of the Kings forest but he that hath lawfull title to the same Now it is necessarie to see what is the office and duetie of a Regarder The office of a Regarder and how he ought to behaue himselfe in the execution of his office and therefore it is to be noted that the wordes of the Statute are further Eant per Forestam ad faciendum regardum c. And also it appeareth by the assises of the Forest that the regard of the Forest ought to be made by the Regarders Foresters and Woodwards where he doth saie Milites Assisa Forestae H. 2. Forestarij et woodwardi debent intente inquirere in Itinere suo quis habuerit a liquod ingenium ad malefaciendum domino regi in feris suis And such Knightes or Regarders were ordained at the first to controll the other officers of the Forest as is aforesaide Also the Regardors of the Forest shall sée and inquire if any Surcharge of the Forest be made by the Foresters of the Forest and they shall assigne and appoynt so many foresters in the Forest as they shall thinke méete and conuenient to kéepe the Forest Also the Regarders must goe thorow the whole Forest euery third yeare to make their Regard and to sée and inquire of all the offences of the Forest in Vert or Venison of all concealmentes of such offences by any officer of the Forest which Regard or going through the Forest in auncient time was called
Visitationemorum Also the Regarders shall goe thorow all the Forest with the foresters and Woodwardes to surueie all the assarâ—s wastes and purprestures of the Forest and al other defaultes that haue béene made and aswell those that be auncient assarts wastes or purprestures as those that haue béene made since the last Regard and estéeme them by the number of acars And also to inquire who hath made any such assartes wastes or Purprestures or any other such defaults and who doth holde the lande where any such trespasses of the Forest were made or done And if such land be soweâ— with corne then whose corne the same is and howe often the same hath beene sowen so with corne since that any such assartes wast or purprestute hath beene made in the same And also how much the same is woorth to be solde And in whose fee the same is And to what towne the same doth belong And the said Regarders shall write the auncient assarts wastes and purprestures and such other defaults in a roll by themselues And all such as haue beene newly made since the last regarde of the Forest was made they shall write them in another roll by themselues And if the Foresters wil not goe with the saide Regardors nor leade them to the same place where such defaultes are then the Regarders may goe thether themselues and there vew inquire of such defaultes and all other that they can learne of Also the Regarders of the Forest shall suruey all the old purprestures and new that haue beene made within the Forest and valewe them seuerally by themselues and to set downe the same in the rolls of the Forest And in what place the same purpresture is so made wheresoeuer it be As in Woodes Playnes Heathes Waters or in land Stangues Hedges or Ditches or in any other place of the Forest And all such defaultes shall be written in a roll by themselues Also the said Regarders of the Forest shal suruey all the woods of the Forest that are wasted aswell those that are auncient as those that are newe which haue beene made since the Seconde yeare of King Edward the first Also the Regarders of the Kings Forest shall see and vewe all the Kinges demeasne landes and Woodes And also al maner of Trees that haue beene felled or cut downe within any of the Kinges demeasne landes or Woodes as the felling of Okes or any other great â—niber since the last Regarde And vpon such inquâ—â—e and vew thereof made they shal certifie the number of such Trees the damage and hurte that the same is to the kings woods or landes And in like manner they shall do of all manner of lopping of Trées and destruction of any vnderwoodes Also the Regarders shall suruey and vewe all the Kinges demesne hedges for the fencing in of his landes and woodes And whether they be made or maintained and kept as they ought to be or not and if that they be not so maintained and kept then in whose default the same is that they be not so kept as they ought to be and what damage to the king the same is that the same is not fenced and whether by reason that the same land or woode is not fenced as it should be the same be suffered to lye open and made common yea or not Also the Regarders of the Kinges Forest shall see and suruey al the Eyries of haukes in whatsoeuer woodes they be and who doth take them and who ought by the lawe to haue them And they shall thereof make certificat accordingly Also the Regarders of the Kings Forest shall suruey and see all the Forges and Mynes for the finding of any kind of metall in what fee soeuer they be within the Forest or within the Kinges demesne woodes or landes being within the Forest or without And what rentes and customes they paie for the same and to whome Also they shall see and vew all portes and creekes of the Sea where any Shippes or Boates doe or may aryue to cary any Timber Wood or vnderwoodes out of the Forest and who doth occupie then And by whome they are brought thether And in whose fee the same is done Also the Regarders of the Forest shal inquire who hath or doth keepe any Bowe and Arrowes in their houses or Crosbowes Gunnes Houndes or braches or any other ingins to hunte or to destroy the Kinges wild beastes and game of the Forest with all And when the Regarders of the Forest haue made suruey vewe and inquiry of all such matters as by their othe and office they ought to doe as is aforesaide they shall write the same faire in a roll bring it to the Court of Swanimote or to the Courte of Attachementes where all the officers of the Forest ought to assemble themselues together euerie fortie dayes And all such matters as are so found by the Regarders in their raunge thorow the forest the same shall be there affirmed by the saide Regarders by their handes and seales which Regardors shall also present the same vnder their handes and seales vnto the Lorde Iustice in Eyer of the forest at the next generall Eyre or Sessions of the forest The Eyre generall Sessions of the forest or Iustice Seate is to be holden and kept euery third yeare and of necessitie before that any such Sessions or Iustice Seate can be holden the Regardors of the forest must make their regard And this making of the regard must be done by the Kings writ as it doth appeare by the writ aforesaid Whereby it is to be noted that the Foresters and Regarders cannot make the regard of the forest of their own authoritie without the Kinges writ for the same purpose The wordes of the Statute are Regardatores nostri eant per Forestam That is to saie the Kinges Regargers must goe thorow the whole forest of the King Whereby it is especially to be noted that the Regarders may not doe or certifie any thing concerning their office but that they must first vew the same for that cause the wordes are eant per Forestam that is that they must raunge ouer all the forest through euerie bailiwike of the same to sée inquire of the trespasses and offences of the forest The words of the Statute are further Ad faciendum Regardum Here in these wordes is most playnely shewed the cause why the saide Regarders must goe through the forest of the King which is ad faciendum Regardum to make their Regard for in these wordes ad facieÌ„dum regardum is comprehended the whole office of a Regarder which doth concist in these foure things that is to saie Ad videndum Ad inquirendum Ad imbreuiandum Ad certificandum 1 And now as concerning the first of them which is ad Videndum to see the offences and trespasses of the Forest and to see what officers of the Forest haue executed and done their office as they ought to doe It is to
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
A BREFE COLLECTION of the Lawes of the Forest Collected and gathered together aswell out of the Statutes Common Lawes of this Realme as also out of sundrie auncient Presidents and Records concerning matters of the Forest With an Abridgement of all the principall Cases Iudgements Entres contained in the Assises of the Forestes of Pickering and of Lancaster By Iohn Manwood of Lyncolnes Inne Studient in the Lawes of this Realme The Preface to the matter THE auncient Lawes of this Realme hauing always had a speciall regard vnto the continuall studie care that Kings and Princes haue in great and waightie affaires of matters of Common weale for the good of their Subiectes whereby they are often times wearyed with the toyle of the same and in respect thereof the same lawes haue giuen vnto them diuers royall prerogatiues of most noble and princely pleasures to recreate themselues withal to put away from them the remembrance of their laboursome toyle Amongst which prerogatiues the royall prerogatiue of the libertie of a Forest is not the least For a Forest both is and hath beene alwayes accompted a franchese of such noble and Princely pleasure that it is not incident vnto any subiect of this Ralme to haue the same but onely vnto the Crowne and royall dignitie of a Prince And therefore there haue beene alwayes certain particular lawes differing from the Common Lawes of this Realme that were onely proper vnto a Forest belonging to the same for the continuance of it And it doth seeme that Forestes haue beene of long time and that they are very auncient things although peraduenture not in that nature that they are now vsed heere in this Realme of England For it doth appeare that there were Forestes yea euen in the verie tyme of king Dauid King Dauid in his 50. Psalm ver 10. For he saith in his 50. Psalme these wordes O Lord I neede not to offer vnto thee burnt Sacrifices of beastes for all the wilde beastes of the Forest are thine and so are the Cattell vpon a thowsand Hilles Then Ergo there were Forestes of wilde beastes in his time And it doth also appeare by sundry auncient Histories as in Concordantia Historiarum others Concordantia Historiar that Forestes haue beene alwayes in this Realme from the first tyme that the same was inhabited Gurguntius And also you may read there that Gurguntius the sonne of Belyn being a king of this lande did make certaine Forestes for his delight and pleasure in Wilshire and so haue diuers other kings also since his tyme in other places meete for that purpose VVhich Forestes the Kings and Princes of this Realme haue alwayes mayntained and preserued with diuers Priuileges and Lawes appertaining to the same for places of pleasure and delight for their recreation And if it did happen that any offenders did enter into those priuileged plaâ— that they did any trespas therein then they were punished with verie â—â—rp Lawes punishments according to the lawes that then were in force which were sharply executed which lawes were then altogether vncertaine and the offenders were punished at the Kings will pleasure not by any law certaine and those lawes punishments were duely executed continued by the Kings of this Realme Canutus a Dane was king here in England in Anno Domini 1016. vntil that Canutus a Dane came to be king of this land which was about the yeare of our Lord 1016. who taking as great delight felicitie in Forestes as other most noble Princes of this Realme had done before his time He for the better preseruation maintening of those priuileged places of pleasure did establish certaine Lawes and Canons onely concerning Forests which Lawes I haue here placed first of all in this hooke for although that they haue beene raked vp a long time in the Embers of obliuion yet they are worthie to be remembred againe And because that they are the most auncientest lawes that I can find concerning Forestes therfore I haue placed them first of all before any others to th end that those that shall read this booke may both see know what lawes there were in the beginning concerning Forestes and how they haue altered changed from time to time and to that end I haue here set downe all the Statuts concerning Forestes that haue beene made since the time of the making of the said lawes because that it may thereby appeare the more plainly how any one of them hath abrogated another or any part thereof by reason whereof that which is lawe and in force at this day may the more easier be decerned and knowen It appeareth by the Lawes of Canutus the Dane king in his Canon the 30. that before his time all wild beastes birdes were onely the kings and that no other person might kill or hurt them Canutus Canon 30. For the king by his royall Prerogatiue his right and priuilege was such in England that all such things that none of his subiects could challenge any propertie in they were then said to be the Kings as wilde beastes byrds such like in whose lands or woods soeuer they were found Wherefore the same king made this law Volo vt omnis liber homo pro libito suo habeat venerem siue viridem in planis suis super terras suas sine Chacea tamen et deuitent omnes meam vbicunque eam habere voluero which is that from hencefoorth I will saith the king that euery free man may take his own Vert Venerie or hunting that he can gett vpon his owne ground or in his owne feelds being out of my Chase And let all men refraine from my Venery in euery place where I will haue the same The booke of the Lawes of Saint Edward the Confessor And also it appeareth in the booke of S. Edward the confessor which booke is the verie roote and originall ground of all the auncient Lawes of England that the same king Edward the confessor did confirme the same Law in these vordes Volo vt omnis homo sit venatione sua dignus in nemora campo dominico suo abstineat omnis homo a venarijs meis vbicunque pacem eos habere volo super penam vitae And so it appeareth that both the said kings did graunt and make this Law that after that time it should be lawfull for euery subiect to enioye the benefite of his owne hunting that he could any way take in his owne lande or in his owne woods or feeldes so that euery man should refraine from hunting the kings wilde beastes in his owne Forests and priuileged places for them vpon paine of the losse of life of such an offender William the Conqueror Which Lawes William the Conqueror did afterwards in his time confirme as it doth appeare in the said booke of the said Lawes chap. 47. And also he did continue the samae all his life
not a Freeman then he shal be imprisoned but if he be a bondman then he shal lose his life 26 My Bishops Abbottes and Barons shall not be accused for hunting if they do not kill wild beastes that be Roial beastes but if they doe kill Roiall beastes of the Forest then they shall depend vpon the King for his determination of that matter without any certaine fine 27 Besides the wilde beastes of the Forest there are other wilde beastes which so long as they are remaining within the bandes and limittes of the Forest they are subiect to the punishment of the Lawes of the Forest such are wild Gotes Hares and Conies And there are also diuers other wilde beastes which although they do liue and remaine within the bounds and limits of the Forest are subiect to the charge burthen of the Regarders of the Forest yet they cannot be accounted or takē to be of the Forest such are wilde Horses Bugalls wilde Kine and such like Foxes and Wolfes are not accounted beastes of the Forest nor of Venerie and therefore the killing of them is not subiect to any recōpence for the same yet notwithstanding if they be killed within the boundes of the Forest it is a breach of the Kings Roiall free chase and for that cause the offendor must make a recompence but a wilde Beare although he be of the Forest yet he is not accustomed to be accounted a beast of Venerie 28 No man shal laie his hande to our great Wood or vnderwood within our demeanes without licence of our verderors or cheefemen of the Forest the which if any man shall doe the contrarie he shal be gilty of the breach of the Kinges Roial frée chase 29 But if any man shall cut downe a Holly Trée within the Forest or any other Tree which doth beare frute or foode for the wilde beastes of the Forest he shall paie vnto the King twentie shillings for amendes or recompence ouer and besides the breach of the Kinges Roial free chase 30 I will that euery freeman may take Vert and Venison at his owne pleasure vpon his owne ground in his owne Plaines or Fildes being without my free chase but euery man must refraine from my Venery wheresoeuer I will haue the same 31 None of the meane men shall haue or keepe any Doggs which Englishmen doe call Grey-hounds but it is Lawfull for a freeman to haue and keepe Grey-hounds when they are hoxed that is to say that they shall haue their knees cut before a Verderor of the Forest And it is Lawfull for freemen to keepe Grey-hounds without cutting of their knees when they doe dwell without the Forest and from the bounds of the Forest ten miles distant but when they doe come nearer to the Forest then ten miles they must paie a recompence vnto the King for euery mile a shilling But when those Grey-hounds be founde within the bounds of the Forest the owner of the Dogg shall forfeit both the same Dogg and also ten shillings to the King 32 But it shal be lawful for euery bodie to keepe little Dogs called Velters that is to saie little houndes which Englishmen doe cal Langeran without cutting of their knees because it doth manifestly appeare that there is no danger of them and the same is of little dogges called Spanels which Englishmen doe call Ramhundt but this is ment of those that are so little that they may sit in a mans lapp 33 If that such doggs by misfortune doe become madd or wilde and do runne about euery where by the negligence of their maister and doe become vnlawfull then the owner of the same doggs shall paie a recompence to the King for their vnlawfulnes If that they be founde within the boundes of the Forest such a maister must be sought out and he must paie a recompence to the King for the same according to the valewe of a meane man which according to the auncient Lawe is ten poundes 34 If a greedy rauening dogg shall bite a wild beast then the owner of the same dogg shall yeeld a recompence to the King for the same according to the valew of a freeman which is twelue times a hundred shillings If a Roial beast shall be bitten then the owner of the dogg shal be gilty of the greatest offence And note that in the aforesaide Canon the Eleuenth there is mention made of Purgatio ignis which manner of triall by Fier I thinke is very darke to many that almost haue neuer heard of it for that it is nowe long since the same was in any great vse in this Land of England and yet it doth séeme by diuers Auncient writers Holanshed in his description of Britaine fol. 98. that in times past it was a commen vsage to trye men whether they were gilty of any offence or not by the Ordalian Lawes as it doth appeare by Holanshed his Chronacle in the description of Brittaine Fo 98. in a side Columb the first in fine ibidem where it is written thus as it followeth THE Ordalian Lawe saith the aforesaid Author was a certaine manner of Purgation vsed two wayes Vide Grafton pag. 180 That Emma the mother of King Edward the Confessor was accused of the death of her sonne for which shee was adiudged by Robert Byshop of Caunterburie to her tryall by the Ordalyan Lawes and so shee was ledd blyndfold between two men to passe ouer 9. Plough-shares which were glowing redd hote and as Chronicles do report shee did passe ouer them barefooted without hurt before shee thought shee had beene come to them Whereof the one was by Fier the other by Water In the Execution of that which was done by Fier the partie accused should goe a certaine number of paces with an hote peece of Iron in his hande or els bare footed vppon certaine Plough-shares redd here according to the manner This Iron was some time of one pound weight and then was it called Single ordalium some times of three and then was it named Treble ordalium And whosoeuer did beare or tread on the same without hurt of his bodie he was adiudged giltlesse otherwise if his skinne were scorched he was forthwith condemned as guilty of the trespasse wherof he was accused There were in like sort two kindes of triall by the Water Note that these Lawes were long before the Conquest and did continue vntil the time of King Iohn and then he did banish them as Polidor Virgil Holanshed Supplimentum Cronicorum do witnesse that is to say either by hott or cold and in this triall the party thought culpable was either tombled into some Pond or huge vessell of cold water wherein if he continued for a season without wrestling or strugling for life he was foorthwith aquited as giltlesse of the fact whereof he was accused but if he began to plunge and labour once for breath immediatly vpon his falling into that liquor he was by and by condemned as guilty
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
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
ley destre que le prescription esteant proue voyer quel F. denia nient obstant le vnite de possession del Chase et maner de S. in la Roigne et nient obstant le graunt del Roygne mesme et sa confirmation del garren oue les generall parols de prohibition auaundits queux extend tantum a le Subiect Le libertie del Purlieu remeina vnextincted donques le tuer supra nient iustifiable per le statute de Malefactoribus in Parcis Warrennis c. Graunt dol herbage del parke Hillar 6. 7. E. 6. Dier fo 80. nota 59 An. 6. Ed. 6. fo 80. The case was as followeth Item le herbage Agistement et Panage de Stowe Parke est graunt et il surcharge le Parke oue ses auers Issint que les dames nont pasture Quere quel remedie pur le graunter pur ceo que il ne reserue ascun pasture pur le game Item le office del parkership del dit Parke fuit graunt oue vn fee de 3. li. de les rents Anno 6. E. 6. fo 80. nota 90 ibidem issues et profits del mannor de Stowe per les mines del receauer del dit mannor Quere si cest graunt doit charger le mannor c. et semble al seigniour Mountagewe maister Halles Iustice que cy Et postea concord ' et dominus Willowby dedit 600. li. pro omnibus dimissis concessis In Anno. 33. H. 8. Report per mon seigniour Dier It is there holden that if a man do hunt in Forest Parke or Chase 33. H. 8. Dier fo 50 〈◊〉 so that the same is felonie by the Statute yet the partie may make it trespas or felonie at his pleasure whether he will saith he and so these collections notes I haue gathered out of the Reportes of Sir Iames Dier knight late chiefe Iustice of the Court of Comon plees which notes if you list to search the booke for them you may see in the Margent of euery seuerall case the folio and note in the which the same matter is contained and because that they are necessarie matters for the knowledge of Forest Lawes I haue added them vnto this Treatise Concerning the cutting downe of Woods in the Forest M. 9. 10. Elizabeth in les Comentaries fo 332. b. per Wray chiefe Iustice ANno 9. 10. Elizabeth I do finde one verie especial case concerning the felling of woods within the Forest of Waltham and the case is as followeth in these words Wray dit que si Mannor que est deins vn Forest del Roy Come del Waltham Escheat al Roy et le Roy done ceo Mannor a vn auter in Fee il nad in le done del manner done a luy le libertie que il auoit en le maner touchant le Forest Car Ialemains il est deins le Forest et subiect al pasture de dames et feres del forest Note that a man can not fell his wood in his owne ground without licence et il ne poit scier son boyes la deins sans licence del Iustice del Forest Car ceo est chose collaterall al soyle Et issint en le done del soyle chose collateral al soyle come sont choses de Prerogatiue ou libertie ne passeront point By which case you may note that no man can haue any mannors or lands within the Forest but they must be subiect to the Lawes and bondage of the Forest that is that the King in respect of the wilde beastes that are there to be maintained for his princely pleasure and delight which cannot be there kept and preserued without Couert and secrete places for them to rest and abyde in hath such a prerogatiue ouer the woods of euery man within the same Forest that no man may fell or destroye his owne woods without licence of the Iustice of the Forest Consuetudines assisa foresta fo 29. and so it doth also appeare by the statute called Consuetudines assisa Foresta cap. 6. in these wordes Liberatio autem housebote haybote fiat pro vt boscus pati potest in statu quo est non ad exigentiam petentis nec potest aliquid dare nec vendere de bosco sine warranto domini Regis which in English is thus 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 or sell anything of the wood without the kings warrant by which lawe it doth appeare that a man may not take housebote nor haybote but by deliuerie of the Forester or warrant of the King And by the Statute of Anno primo of Edward the third ca. 2 It is plaine that no wan in the Forest may take or cut down any wood without the view of the Foresters Anno. 1 E. 3. cap. 2. Vide Pulron in his Abridgement in titulo Woods 23 or licence of the Iustice of the Forest although it be in his owne ground for the wordes are these Euery man that hath woods within Forests may take the saide wood without being attached by any officer of the Forest so that he do it by the viewe of the Foresters then Ergo without the view of the Foresters he cannot do it And so to conclude it seemeth that no man can cut downe any woods within the Forest without the view of the Foresters or licence of the Iustice of the Forest Et nota icy sont diuers prescriprions que soint bone enconter le Roy et quel prescriptions home poit bien prescriber in Forests del Roy incounter luy come icy ensuit HOme poit prescriber que il et touts ceux que estate il ad en le manner de D. ount ewe parke in mesme le maner come append c. et bon Itinere North. 3. Ed. 3. Itinere North. An. 3. E. 3. Br. Prescription 57 Br. Tit. Prescription 57 et issint note que home poit auer vn Parke per Prescription appendant al son manner Et in An. 5. E. 4. dictum fuit pro lege 5. E. 4. fo 118. Br. Prescriptiō 64 que home poit prescriber destre discharge de Corodie et idem in Leete ou dauer park mes Econtra in bonis cattallis felone ou incognitione placit ' Car le Roy mesme ne poit ceo auer nisi per matter de record et ideo comon person ne poit estre de meliour condicion Et in An. 11. H. 6. En vn accion de Trespas An. 11. H. 6. fo 2. Br. Prescription 95. le defendant prescribe in luy et son auncester et en eux que estate il ad in tiel meas terre in D. desse garden del bois de D. preignant Annuatim de chescun communer la xii d. et le pl. ple de graunt a
no man may inclose any ground within the forest ad nocumentum ferarum and although a man haue licence to enclose his ground yet may he not enclose the same cum alta haia et forsata nec cum alto palatio contra assisam forestae It is purpresture for a man to build any house in the forest although it be within his owne free land The iudgement of purpresture is thus Ideo ipse in misericordia et clausus predictus prosternatur A high hedge of 4. foote high is contrari assisam forestae If he that do make purpresture do graunt ouer his lands where the purpresture is made No man may enter the Forest in the night both he and the grauntee shal be amerced If any man haue a horse pasturing in the forest by licence or without licence if in the night time he enter into the forest and take out his horse he shal be imprisoned raunsomed and bound to good abearing which proueth that by the assises of the forest no man may in the night time enter into the kings forest and if he do he shal be punished The like punishment and order shal be taken for him that with Bowes and Arrowes doth enter into the kings forest with intent to offend there although he do no acte Itinere Pickering fo 3. b. voluntas reputabitur profacto He that doth cut downe ligna virida is a trespasser in Vert. yet he is to be punished for the same Quia per assisam forestaevoluntatem reputabitur pro facto To cut downe within the Forest ligna virida or Ramos virides is finable per assisam Forestae He that cutteth downe vnderwoods Thornes Elder trees boughes lignum siccum ficcos ramos et huiusmodi is a trespassor in Vert. If Estouers be allowed to any man for making of his hedge and after one yeare he burneth vp the same hedge Itinete Pickering fo 3. where otherwise they would haue continued two yeares in this case per Assisas forestae he shall not be allowed any new Estouers And if he take more Estouers at any one time then he ought to do the Estouers shal be seised and he shall make his fine therefore If any man cut downe busshes or thornes within the Forest and carrie the same away in his cart out of the Forest In this case the Cart and horses shal be seised to the King and hee shall fine to the value of the wood c. If he that hath Estouers in the Forest do make thereof Hurdels and do sell them he is punishable If any cut downe greene hugh within the Forest and doth conuey the same vpon horse he shall forfeit the price of the Vert and his horse Item If the people of a whole township do make wast in the greene Hugh of the Forest the whole township shal be fined vz de villata de C. xx s. If any man do set any drye Okes on fier within the Forest he is punishable per Assisas Forestae If any Swine be found in the Forest tempore vetito Itinere Lanc. fo 7. they shal be forfeited to the King The same law is of Sheepe and Goates found in the forest in Mensae vetito Warda facta If any man do suffer any Bridges or High waies to be vnrepayred then whosoeuer ought to repaire the same he shall make fiue and shal be distrained to amend the same per assisam forestae or els their land shal be seised The Forester must be sworn Itinere Lanc. fo 7. Item that no Forresters may make any attachements vpon any person within the Forest before that they be sworne as they ought to be Quia est contra assisam forestae If any subiect haue any wood within the Forest if his Woodward make default at the Iustice seat his wood shal be seised into the kinges hand and so it shall remaine vntill he haue repleuyed the same and made his fine Ibidem Item if any Forester take any money for Barke his landes shal be seised for the money Ibidem Item if any white Tawyer do dwell in the Forest he shal be remoued and make fine for they are the common dressers of the Skinnes of stolen Deere Item if any take Hawkes or destroye Eyries of Hawkes in the Kings woods they shall make a fine for the same Hew Crye Assisa forestae articulo 11. Itinere Lanc. fo 7. Item according to the Articles of Hew Crye the orders of the Assise of the Forest are that if Hew and Crye be made by the ministers of the Forest if it be not pursued and followed with effect then shal the township that are faultie therein be wel fined Item that at euery Iustice seat of the Forest the number of Deere Itinere Lanc. fo 8. and the number of Trees that haue beene giuen awaye by good warrant or otherwise and such Deere as haue dyed or haue beene killed or otherwise and the windfalles must be presented Nouae Assisae Forestae per Basset Hungerford 11. E. 3. Item Pickering fo 2 b. Custos Forestae is mentioned in the statute of Anno 1. E. 3. cap. Likewise the profit of pawnage Russhes Fearne Gorse Segges and such like must be presented there also It appeareth in the new Assises precepts and ordinances of the Forest made and set foorth in Anno 11. Ed. 3. by Basset and Hungerford that a man maybe a Forester in fee in iure vxoris suae and may appeare by Atturney at the Iustice seat ad facienda omnia quae forestario incumbunt durante Itinere Praedicto I finde that besides all the officers and ministers of the Forest the was also one man that was Custos totius Forestae and another Superuisor forestariorum quod nota By the Forest Lawe Roger Bigot Earle of Norff. did forfeit his Fostership in fee in the Forest of Pickering Whereby it is to be noted That an officer in fee may forfeit his office Itinere Pickering fo 20. Itinere Pickering fo 3. Offenders in the Forest bound to the good abearing Ibidem fo 3 Radulphus Hastings Hugo Hastings Itinere Pickering fo 5. Itinere Pickering fo 3 In trespas in the Forest ther are no accessaries but they are all principals Ibidem fo 3 The horse of a stranger shall not be forfeited Itinere Pickekering fo 5. Lending of a Bowe Arrowes to kill the Decre is finable Item Nicholas Meuill and diuers offenders were indicted for that they with Bowes and Arrowes and dogges had killed xliii Staggs and Hindes within the Forest and in despite had cut off their heades and set them vp vpon stakes And for this heynous offence they were first committed to prison and gréeuously fined and after according to the Charter of the Forest they were bound to theire good abearing And he who is indicted for Forrest causes if he be after pardoned by the King his pardon is allowed but he shall put in suerties
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
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
it is also meered bounded with vnremouable markes méeres and bounds for the same hath most strong stone walles that do inclose it round about that are auncient enough to make a prescription and yet the same is no Forest Although peraduenture there are some kind of persons that haue more felicitie to hunt there after gréedie gaine than in any other Forest after game And in like maner Saint Paules Church in London may be a Forest very well by that definition for the same is a Teritory of grounde it is also méered and bounded with Stone walles that are vnremouable boundaries and they are knowen by prescription auncient enough and yet the same is not a Forest in déede And if the definition of a Forest were this vz a Forest is a Terretory of ground méered bounded with vnremouable marks méeres bounds ether knowen by matter of record or else by prescription The definition of a Chase which territory of ground is also replenished with wild beasts of Venerie in the protection of the King for his delight this is a good definitiō of a Frée Chase yet is this no perfect definition of a Forest for then euery Frée Chase were a Forest and there is no difference betweene a Forest a Chase by this definition for a Free Chase is a Teritory of grounde the same hath also méeres and boundes ether knowen by matter of recorde or else by prescription to the entent that if any offence be done there it may be knowen by the same boundes whether the offence were done within the Chase or out of the Chase by the which it is knowen either to be an offence or no offence A Chase hath boundes and beastes of Venery And also a Free Chase is replenished with wilde beastes of Venerie for the Kings delight as the Bucke the Doe other beastes of the Forest of Chase Why then what doth this definition lack of the true definition of a Forest Marie this that a Forest hath certain perticuler Laws officers that are only proper to a forest not to a Chase a Chase hath no such Lawes nor officers The difference between a Forest a Chase for al offenders in a free Chase are punishable according to the comon Lawes of this Realme and not by the Lawes of the Forest And therefore this is the very true definition of a Forest that is to saie a Forest is a certaine Territory of grounde and Priuiledged place for wilde beastes to rest in méered and bounded with vnremoueable Markes Meres and Boundaries The definition of a Forest either knowen by matter of Recorde or else by Prescription Which Territorie of grounde is also replenished with wilde Beastes of Venerie and Verte and Couerts for the succour of the saide Wilde beastes which place hath also certeine perticular and proper lawes and officers for the preseruation of Vert and Venison A Forest doth consist of iii. things So that a Forest doth consist of these three things that is to saye of Vert Venison and of certaine perticular lawes that are onely proper vnto it And a Chase doth consist of Vert and of Venison A Chase doth consist of ii things for the same hath not any perticular Lawes that are proper to a Chase onely And thus much concerning the definition of a Forest What things doe make a Forest How a Forest is made What things be incident to a Forest Who may haue a Forest And what difference there is betweene a Forest Chase Parke and Warren hereafter followeth Charta de Foresta THe words of the Statute of Carta de Foresta Articulo primo are these Omnes Forestae quas Henricus auus noster aforestatuit c. Cōcerning this first Article it doth plainly apeare in a booke which doth remaine in the Exchequer called Liber Rubrus that a Forest is a safe abiding place of wild beastes not of all maner of wilde beastes but only of them that are belonging to the Wood not in all places but in certaine places meete for that purpose And of this worde Foresta o is chaunged into e as who should saie Feresta id est Ferarum statio And a Forest is not in euery Shire A Forest must be in the woody Contries but in the Woodie Countries where great Couert and frutefull pastures be It maketh no force whose the Woods be either the Kings or any other mannes so that the wild beastes may haue their free and safe course and abiding within the circuit of the same Forest This Article is neither for then larging nor diminishing of the common Lawe The Woodes of other men may be afforested as well as the Woods of the King Carta de Foresta Artic. 1. but it is a rehersal that the Kinge before that time had made Forestes of the Woods of other men as well as his owne demesne Woodes whereby it doth appeare that before the making of this Statute the King might haue made a Forest in euery Wood that he woulde aswell in the Woodes of other men as in his owne demesne Woodes so he may yet at this daie because that it is necessarie that the king shall haue game and other disportes of pleasure méere for the dignitie of a Prince to passe the time in euery place within his dominion where he will commaunde For if the king by his Royall authoritie will commaund that any place within his Regall iurisdiction where wilde beastes are shal be kept for a certaine time for his pleasure and disporte then no person ought to chase or hunt there for the time commaunded and yet the same is not a Forest by that commaundement for the King is to haue such things by matter of Recorde And so it appeareth that a Forest is a safe abiding place for wilde beastes What a Forest is in the protection of the King for his pleasure and delight and yet not for all kind of beastes but for such beastes as are belonging to the Wood that is to saie for Hartes Hindes Buckes and Dooes Rooes Sangliers wilde Hogges wilde Bulles Kyne wilde Beares Hares wilde Goates Martrons Foxes Wolfes Squireles Beastes that are belonging to the Wood. and all other beastes of Venerie and Vermius of chase so long as they are remaining within the circuit of the Forest it is not lawfull for any person without the Kings licence to hunte chase or kill them or any of them there although that some of them are not beasts of the forest nor beasts of chase Vsage and custome to hunte in their owne Lande at litle Vermins yet so long as they are within the forest they are in the kings free protection so that no man may chase them there except only in places where they haue beene accustomed time out of mind to chase at such little Vermines in their own lands out of the kings demesne lands and Woodes Master Hesket in his learned reading of
the Lawes of the Forest doth saie that there be fiue wilde beastes that are accompted beastes of the Forest that is to saie There are fiue beastes that are beastes of the Forest And there are also fiue beasts that are beasts of Chase the Harte the Hynde the Hare the Wolfe and the Boare and there are also fiue other wilde beastes that are accompted beastes of the chase that is to saie the Bucke and the Dooe the Fox the Martron and the Rooe these also the old Foresters were wont to call the beastes of the Forest and the beastes of chase And it doth appeare by the auncient Lawes of the Forest made by King Canutus in his Canon the 27. that all the wilde beastes that do liue within the Forest are not acompted beastes of Forest Canutus lawes of the Forest Canon 27. but only remaine of them for the wordes are these Sunt inter alia preter feras Forestâ—e bestiae quae dum c. By which it doth appeare that there are diuers wilde beastes remaining in the Forest that are not properly beastes of the Forest in déede and yet it is not lawfull for any person to kill them for the killing hunting or hurting of them in the Forest is Fractio Regalis Chaceae Fractio regalis Chaceae which by the Lawes of the Forest is punishable as hereafter it shall be shewed The olde Foresters do accompt that Connyes are not at all belonging to the Wood for that they haue animam reuertendi a minde of returning againe and therefore they are not of such nature as the other wilde beastes are but yet it is not lawfull for anye person to kill them within the Forest without the Kings licence Wilde Bulles nor wild Kine are not now in euery Forest nor scant in any Forest in this Realme and wilde Wolfes being enimies to the common wealth are not to be suffered in any place as heretofore they haue so that they are at this daie all destroyed and not remayning in any Forest in this Lande The manner howe a Forest is made is this WHen the Prince is minded to make a Forest in any place that is méete for the same then the King may graunt out a commission vnder his great Seale of England How a Forest is made directed to certaine discréete persons appoynted for his grace for that purpose thereby commaunding them to view perambulate and also to meere and bounde the place where the King will haue the same Forest to be made And when they haue so executed his graces commaundement according to the tenor thereof The King is to haue a Forest by matter of record and the same being once returned and certified of record into his high Court of Chancery accordingly Proclimation therevpon openly made thorow out all the Shyre within the which the same Forest is so made that after that time no person shall hunte or chase any manner of wilde beastes within the precinctes or boundes of the same place so returned and certified of recorde as is aforesaide without the Kings especiall licence for the same Which said perambulation Proclamation and certificat of the méetes bounds of the same péece of grounde being once returned and the King intituled to the same by matter of recorde doth make the same a Forest whose land or grounde soeuer the same be where the same Forest is so made For it is at the libertie and pleasure of the King to reserue the wilde beasts the game to him selfe for his only pleasure and delight in such Priuiledged places where he will haue a firme peace appoynted for them And in the very like manner a writ may go out of the Chauncery to the Shirife of the Shire to inquire what place is most conuenient to make a Forest in Here you may note that euery Forest must haue bounds as it doth appeare in Assisa Forestae articulo 18. and these bounds being once by matter of Record they are the Kings for Omnes Metae Forestae sunt integre Domini Regi and therefore no man can or maye take them away And so euery man may by search know the true limits and bounds of euery Forest And the like of the Purlew for the same was once Forest and afterwarde disafforested which is done by matter of Record also whervpon the Shirife shal charge an inquest to inquire of the certaintie of the place the bounds thereof to put the same in writing then to certifie it into the Chauncery and when the king is thereof a certained by matter of recorde he may send to the Shirife by letters pattents that he shall then cause it to be proclaimed in the Kings name that the place which he hath so certified shall from hence foorth be a Forest and that all persons shall refraine from hunting or chasing of any of the wilde beastes within the boundes of the same And also that the game therein shall be reserued for the pleasure and disporte of the King and his nobles only The King is to haue euery thing by matter of Record The comaundement of the King by word only doth not make the land of his subiects a Forest In the Kings owne lands no man maye hunt And that doth make the same a Forest and if the same be made in any other maner then is aforesaide then it is no Forest for the King ought to haue those matters by matters of recorde and not otherwise For if the King commaunde by worde only that no person shall chase or hunte in certaine groundes of his Subiects owne landes any wilde beasts of venery this doth not make the same a Forest neither shall any person be punished for hunting of wilde beastes of venerie in his owne landes for such a commaundement by worde only by the Lawes of the Forest as if the same were a Forest in déed where such a person did so hunt but yet it is otherwise where the same grounde doth belong to the King only as his owne demesne landes Also if the King do make such a commaundement by matter of recorde as is before declared Euery Forest must haue wylde beastes of necessitie yet the same is not a Forest before that wilde beastes of Venerie be therein for if there be no wilde beastes of the Wood in it the grounde is in the same nature that it was before and the same is not altered What is incident to a Forest Also before that it can be a profitable Forest it behoueth that the King do appoynt certaine nesessarie and méete officers for to take charge of the same as Verderors Foresters Regardors Woodwardes Agistors and such like And before that such officers be appoynted What officers do belong to a Forest it is not a profitable Forest for the King for these officers must haue the charge of the Vert of Venison for the preseruation of it Of which two things a Forest doth chiefly concisle and
without the same it can be no Forest And also it behoueth that euery forest haue a Courte which is called the Court of Swanimote for a Courte of Swanimote is incident to euery Forest A Courte of Swanimote is incident to a Forest and also the courte of Attachementes euen as a Courte of Pipowders is incident to a Faier And yet there are diuers places within this Realme that are called Forestes and they haue the names of Forestes and yet they haue not vsed to kéepe any Courte of Swanimote but such Forestes do not séeme to be Forestes in déede but they are rather Chases then Forestes For it cannot be a Forest vnlesse the same haue both a Court of Attachementes also a Courte of Swanimote beloning to the same The King may make a Forest in the landes or Woodes of any other man as it apeareth in the foresaid Red booke of the Exchequer in these words nec interest cuius sunt nemora siue Regis side Rigni siue procerum Who by the Comon Lawe may make a Forest AMongest the learned in the Lawes of the this Realme it hath béene alwayes holden for a generall oppinion that by the comon lawe the King may make a Forest in all Woodes or Places wheresoeuer he will within this Realme aswell within the Woodes or landes of his Subiects as within the Kings owne demesne Woodes or landes as is aforesaide and no other person may make a Forest but the King only And yet there is no doubt but that a noble man or a common person may haue a Forest by especiall graunt from the King or Prince vnder the great Seale of England As the Ducke of Northfoke in times past had A comon person may haue a Forest by the graunt of the King And also the Lord of Burgaâ—eny had a forest in Sussex called the Forest of Saint Leonardes Also the Duke of Buckingham had diuers forestes as the forestes of Brecknock Haye and Cantselly and others which notwithstanding that they were in their hands being subiects yet they were Forests still A Forest is a Franches of such noble princely pleasure incident onely to the royal dignitie of a Prince that therefore no person can make a Forest but the King onely But yet a common person may haue a Forest by graunt from the King as it doth appeare by the reciâ—all of the Statute of 22. E. 4 ca. 7. For at the time of the making of that Statute diuers persons had Forestes besides the King and of the nature of Forests And so there are diuers noble men at this day that haue Forests of their owne by the graunt of the King or Prince made to them or to some of their auncestours and if any affender be found offending in any of those places that are such forestes then they shal be punished for the same offence according to the lawes of the Forest acording to the qualitie of their offence It seemeth that in times past there were diuers Forestes in Wales Exactions by the owners of Forestes in Wales Strange customes concerning forests in Wales 27. H. 8. ca. 7. which although they were in the hands of Lords noble men yet the owners of them had by the graunt of the King Iura legalia by reason whereof those owners of such Forests and their officers did vse such extreame dealing towardes the people of the countrey that diuers great misdemeanors and ryots did thereby ensue besides that they had such lawes exactions and straunge customes in those places as it doth appeare by the recytall of the Statute of 27. of H. 8. ca. 7. that the same act was made of purpose to reforme and take away the same Wales was a Principalitie of it selfe And the reason why the Lawes and customrs of Forests in Wales did so much differ froÌ„ the Lawes of the Forest in England is as it seemeth because that some time Wales was a iurisdiction of it self before that the same was vnited and annexed to this Realme by the Statute of An. 27. H. 8. ca. 26. And before that time they haue had Princes of them selues The Queenes Maiestie hath a royal Prerogatiue to make a Forest which haue had authoritie to make Forestes and Lawes also concerning the same which is contrary to the lawes of this Realme now For at this day no man can make a Forest in England but the Queenes most excellent Maiestie because her highnesse hath that Soueraignetie royall Prerogatiue reserued onely to her selfe For as it is proued by the opinion of Master Treherne in his reading vpon the Statute of Carta de Foresta the King of Skottes TreherneÌ„ in his reading fo 3. although that he be a King or Prince in his owne countrye yet he neither may make a Forest nor yet haue a Forest in England without the especial graunt of the King or Queene of England because in that respect he is but a subiect himselfe neither hath he any Prerogatiue or soueraignetie in this land to make a Forest or to haue any Forest here except the same be by the especial grant of her Maiestie And this much concerning these two points Who may haue a Forest who may make a Forest by the comon lawes of this realm at this day Now at is to be seene what difference there is betweene a Forest Chase Warren and Parke The differeÌ„ce betweene a Forest a Chase The officers of the Forest The wood moâ—e court The Swanimote court The difference betweene the beastes of the Forest and the beastes of the Chase The beastes of the Forest are called Siluestres The beastes of the Chase are called Campestres THe difference betweene a Forest a Chase is that a Forest hath keepers Foresters Verderors Regarders Agisters Woodwards other officers also a Court of Attachementes which the old Foresters do call The Wood-mote a Court of Swanymote and a Chase hath only Keepers or a Keeper no court of Attachements nor court of Swanimote nor other officers as a Forest hath The diffence betweene the beasts of the forest the beasts of the Chase is said to be this that the beastes of the Forest are tantum siluestres and the beasts of the Chase are Campestres tantum for the beasts of the Forest do make their abode all the day time in the great Couerts secreat places in the woods and in the night season they do repaire into the lawnes pastures pleasant feedings for their foode reliefe and therefore they are called Siluestres that is to say of the wood or beasts that do haunt the woods And the beasts of the Chase they do make their abode all the day time in the feeldes vpon the Hilles or high Mountaines where they may sée round about them who doth sturre or come neare them And in the night season when euery bodie is at rest all is quiet then they do repaire vnto the corne feelds
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
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
at their pleasure without all order and so to destroye the Princes game And it is to be vnderstood that al such persons as were put out of the Forest by the Purlieu they are excluded thereby of hauing any common within the Forest by reason of the Statute of the Puralsey aforesaide vnlesse that they will relinquish the benifit of the Purlieu Ordinatio Forestae anno 34. Ed. 1. in fine become Subiects to the bondage of the Forest againe as they were before And it doth appeare by the Statute of Ordinatio Forestae that the Puralty did first begin by the dissaforesting of such landes as were once aforested for the wordes are these Volumus insuper quod illi qui cōmunem pasturam in Foresta ante perambulationem factam habeant Et qui sunt postea repositi in Foresta quinque de dicta cōmunia per perambulationem predictam impediti fuerunt habeant comuniam pasturam de cetero in Foresta adeo large et libere ficut ante perambulationem predictam habere folebant saluis arent ' nostris in forma predicta and so you may see that such landes of the Forest as be disaforested afterwardes they are Purlieus And it doth also appeare by the same wordes that the Purlieus are made by perambulation and viewe The repositiō of the Forest retourned into the Chauncery And in like manner the reposition to the Forest of such landes as were disaforested by the Statute and afterwardes made Forest againe the same is to be done by perambulation and viewe which must be retorned into the Chauncery or Treasurie because that the King can haue nothing but by matter of recorde nor in such cases departe from any thing but by matter of record also And all such lands as are put againe to the Forest they are called Purlieus after the same reposicion for then they shal be Forest as they were before But such landes as were disaforested by the Puraley and so remaine dissaforested without any reposition The difference betweene the Purlieu reposition those are called Puralleyes in the which the owners may chase the wild beastes and also cut downe their woods and make their aprouementes to their best aduantage But of those landes that are put againe to the Forest by reposition they cannot doe so there without licence of the Lorde chiefe Iustice in Eyer And if it do fortune that a Deare goe out of the Forest into the Purlieu then the owner of the grounde there may chase and kill him if he can The same Law is if a Harte a Hinde a Buck The Purlieus a Dooe or a Hare or any other wilde beasts of the Forest or of the Chase which be clearly wilde of nature that haue not animam reuertendi so that such an owner of the lands haue landes of frée holde to the valewe of fortie shillings in the Purlieus And if a Puraley man which hath landes in the Puraley to the valew of ten shillings by the yeare and one other man which hath landes within the Puraley adioyning to him to the yearely valew of xxx shillings wild beasts of the Forest do come vpon their lands in the Purlieus those two Puraley men cannot chase together But he that hath landes of Frée-holde to the valew of fortie shillings by the yeare of his owne landes he may chase and kill his Deare and carrie it away vpon his own Purlieus and iustifie the same by the Lawes of this Realme For all wilde beastes are theirs that can take them As it appeareth by Bracton But if such wilde beastes being within any Forest Chase Parke or Warren or other Priuileged place then they are the Kings or the owners of those Priuiledged places where they are remayning as it hath been shewed before for of such wilde beasts men haue propertie in them but ratione soli And if the Forest be in one Countie the Puraley in another Countie adioyning to it he that hath fortie shillings by the yeare of Frée-holde lande in the Countie where the Puraley is he may Chase and hunte the wilde beastes in his owne Purlieu But if he haue fortie shillinges by the yeare of Frée-hold in the Countie where the Forest is but hath not any lande in the Countie where the Puraley is then he is not any Puraley man neither may he take the benefit of a Puraley hunter And if a man hauing landes to the valew of fortie shillings by the yeare within the Purlieus doe chase a Deare there and doth let his Greyhound runne after the wilde beasts and the Greyhounde doth followe the wilde beast into the Forest and there doth fasten vpon him and flea 〈◊〉 Nowe in this case the owner of the dogg shall not haue the wilde beast so slayne but the king or the owner of the Forest and such a Puraley man that doth so chase the wilde beastes into the Forest he may not followe his dogg into the Forest but he must stand at the outermost boundes of the Forest there blowe his horne for his dogg so call him barke againe for in this case when the wilde beaste hath recouered himself into the Forest againe then he is in Statu quo prius and then the King or the owner of the Forest hath propertie in him againe ratione soli and then the killing of him in the Forest is not lawfull neither doth the same gaine the owner of the Greyhounde any propertie therein And in like maner it is if a man do let his Fawcon Goshauke or any other Hauke flye at a Fesant or Partridge being out of the Forest Chase or Parke and they two do flye together and the same Hauke doth kill the Fesaunt or Partridge within the Forest Chase or Parke nowe the owner of the same Forest Chase or park where the same is so killed shal haue the game that is in such sort killed causa qua supra for the owner of such Greyhound or Hauk cannot claim any interest or propertie in any such game before that the same be taken before the taking of it the said game was retorned into the Forest Chase Parke or Warren wheras then the owner had propertie in it againe ratione soli A man may haue the possession of a wilde beast by his dogg And if a Greyhounde being let runne in the Purlieus after a wilde beaste of the Forest and in chasing after him the Greyhound doth fasten and seise vpon the Deare neare vnto the Forest and the wild beaste by his force draweth the Greyhounde byting vpon him within the bounds of the Forest and there is slayne the owner of the same Greyhound may very wel take the wilde beaste so slayne although that he were slayn within the Forest for by the seising of the dogg the owner of the same dogg was in possession of the wilde beast and the like lawe is if a Hauke be seised of his game without the Forest Chase or Parke and so seised they
do flye togeether within the boundes of the Forest Chase or Parke and there is slayne then the owner of the same Hauke may enter into such a Forest Chase or Park take the game so slayn by the reason aforesaide But the contrarie is when my Hauke is not seysed of such game before he entreth into such a Forest Chase or Park but doth followe his game flying into the same there doth seise vpoÌ„ the game in that case the game being killed it doth belong to the owner of the Forest or ground And this is proued by the opinioÌ„ of Master Bracton in titulo Diuisione rerum And if a Harte or any other wilde beast of the Forest doe come into the landes of a Purlieu man which hath lands to the valew of xl Bracton 14. H. 8. fo 18. shillings by the yeare such a Purlieu man may lawfully Chase those wilde beasts and take them by chaseing but he may not forest all them nor foreset them in their returning into the Forest so that they cannot haue free passage back again but do kill them Wilde b easte of the Forest haue animam reuertendi For notwithstanding that they be wilde of nature yet in this case they haue animaÌ„ reuertendi that is to say they haue a mind of returning home to the Forest againe And yet if I doe let my dogg runne at any wilde beast of the Forest within the Purlieus my dogg of his owne corage doth crosse the Deare in his course towardes the Forest and turneth him and by that meanes doth kill the same Deare this is not forestalling for it commeth of the courage and cunning of my dogg and not of my owne labour nor policie Also if any man not hauing landes within the purlieu do finde any kind of Deare or wild bestes of the Forest in his own ground out of the Forest Chase Parke and Purlieu then he may kill or take them by what soeuer meanes he can deuise for then such beastes shal be saide to be clearely wilde of nature and it cannot be knowen whose they are nor from whence they come nor whether they will when they are so strayed abroad And euen so it is of all manner of wilde Haukes except only Haukes of the praye for they ought not to be forestaled with nettes or other inguns but yet if they do bréede within the landes of the Purlieus then the owners of the ground may take them At appeareth by the Assises of King Henry the second Assisa Forestae H. 2. that the same King did altogether forbid any manner of forestalling of all such things as were wilde of nature for the wordes are these Dominus Rex precipit quod nullus 〈◊〉 homoâ—â— ad capiend'ferat per natem infraforestas nec extra suâ— pâ—â—na imprisonamenti vnius anni Et quod nullus sub eadem poena facint aliquam forstallationem feris suis inter forestam suâ—m boscoâ— suos vel alio loco per ipsum vel progeniter ' disafâ—ueâ—tat ' â— And here began first the prohibition of forestalling And he that is a sufficient Puraley man by the lawe that may hunt and take the benefite of the Purlieus by hunting he must learne this lesson and know that a Purlieu man may not hunt in the Purlieus at all times nor in what manner he himselfe will For he must vnderstand that there be tenne things that a Purlieu man is forbidden to do by the lawes of the Forest in his hunting in the Purlieus And the hunting of any Purlieu man contrary to any one of those tenne things so forbidden is punishable by the lawes of the Forest A Purlieu man must not hunt 1 In the night 2 On the Sunday 3 In the Fence-moneth 4 Any oftener than three dayes in one Weeke 5 With any more coÌ„pany than his own seruants 6 Within fourtie dayes next after the Kings generall hunting 7 Within fourtie dayes next before the Kings generall hunting 8 When the Forester is seruing of any Warrant in the next Walke 9 By forestalling of the Kings wilde beastes 10 After vnseasonable Deare So that a Purlieu hunter or Purlieu man must knowe this commaundement of the Lawe vz Vtere tuo vt alienum non ledas which is that euery Purlieu hunter I meane those that are sufficient Purlieu men by the lawe must vse their pleasure of hunting there so that they do not by the fame disturbe the Kings wilde beasteâ— that are remaining within the Forest or Chase of their firme â—eaâ—e And therefore the Lawes of the Forest hath set downe the foresaide tenne points as things that are most offensiue to the Kings wilde beasts of the Forest and for that cause they are prohibited by the lawe to be done or vsed 1 The first of them is That no maner of person shall hunt in the Purlieus in the night that is to saye after that the Sunne is sett vntill the rysing of the same for by the Lawe it is accompted in many cases for a day from the rysing of the Sunne vntill the going downe of the same And likewise for a night from the time of the setting of the Sunne vntill the rysing of the same and such a day is called Dies Solarius that is a day that is accompted by the Sunne And the reason why it is not sufferable for any person either Purlieu man or other to hunt in the Purlieus in the night is because that the Kings wilde beastes may not bee troubled or disquieted of their quiet feeding and rest in the Forest for it is not possible for any man to hunt in the purlieus in the night but that the same will be Ad terrorem ferarum quae sunt infra Forestam for although that perhaps their dogges do not follow the wilde beastes out of the purlieus into the Forest in their chase after them yet the noyse of their running together the gazening of those Deare that are scared out of the purlieus will disturbe the quiet of the wilde beastes within the Forest For the verie nature of the wilde beastes of the Forest is to seeke their foode in the night time when euery bodie is quiet and at rest for then they do not see any bodie sturre vp and downe Nor they are not troubled or feared with any noyse And all the day time they resort to the Couerts being terrifyed with noyse and the sturring of men so that they cannot feede quietly 2 Secondly it is not lawfull for any man to hunt in the purlieus on the Sonday for that day is appointed for the seruice of Almightie God onely and by his lawes that daye is to be kept holy and not to be prophaned For on that day all profitable busines is forbidden to be vsed although that the same tend to the profit and good of the common Weale then Ergo much more all vaine busines and ydle pastimes as hunting and such like And for that cause the Lawes of this Realm do not
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
wordes Regardatores nostri eant per Forestam It is ordained and appoynted that the Regarders shall goe through out all the Forest and then afterwardes in these wordes Ad faciendum Regardum It is shewed and declared to what end or for what cause they ought to goe through the Forest which is to make the regarde of the Forest And afterwardes the letter is further Sicut fieri consueuit tempore primae Coronationis Regis H. aui nostri non aliter In which wordes it is playnly set downe and declared vnto vs how and in what manner the Regarders shall make their regarde of the Forest which is according to the assises and customes of the Forest vsed in the time of King Henry the Second so that this braunch of the saide Statute doth not hereby ordayne or appoynt any new thing that was not before But this braunch is made for an affirmation of the lawe and vsage of the Forest that was vsed in the time of King H. 2. Now therefore it is necessarie here in this place to shew how and in what manner the lawe and vsage of the Forest was at that time vsed in making of the regarde of the Forest For the declaration whereof it is to be vnderstood that the inquitie and presentment of all the Articles aforesaid which are to be inquired of by the Regarders of the Forest the same shall be enquired of as they were wont to be enquired of at the time of the Coronation of King H 2. and that is euery third yeare as it doth appeare in the Assises of King H. 2. and then the same regarde is to be made but onely within the bounds of the Forest Assisa Forestae H. 2. C. 10. 17. for the saide Regarders ought not to enquire nor to present any thing that is made or done out of the boundes of the Forest nor yet out of the precinct of the regarde within the forest as it doth appeare in the same Assises of H. 2. Cap. 10. and 17. For it is there written that those that haue Woodes out of the regarde of the Forest where the wilde beastes of the King haue their haunt peace or rest Or any other man that hath landes or Woodes within the Forest and hath also this Priuiledge that those landes and woodes shal be out of the regarde of the Forest and that the same shall not be impeched for any cause yet in that case he or they that haue such a Priuiledge ought to haue a woodwarde there to keepe his woodes which woodwarde must also be sworne to the assises of the Forest that is Assisa Forestae H. 2 Vide Master Hesket fo 26. for the preseruation of Vert and Venison as it doth appeare by the same assises of H. 2. And if the Regarders doe enquire or make any presentment of any thing that is done in any such place Priuileged as is aforesaide then that presentment may be auoyded by the plee of the partie by pleading of that matter For the partie shall neuer bee punished vpon such a presentment if the verie trueth of the matter doe appeare of recorde vnto the high Court of the Lord Iustice in Eyre of the Forest And the same lawe is also if the Regarders of the Forest will make presentment of any Article that is not specified in dictis capitulis de regardo fiendo which is alwaies sent to the Shirife together with the writ when the regarde is to be made as aforesaide as if they do present that Iohn Astyle hath agisted his woodes or his demeasne landes before that the demeasne hedgrowes of the King within the Forest be agysted or that he hath taken any pannage contrarie to the assises of the Forest then that presentment is voyd without any plee if that it doe appeare vnto the Court by matter of record comprised within the same presentment that the thing of the which they haue made their presentmēt is not any matter whereof they had charge giuen them to enquire of or to present And if the regard of the Forest be made by the Regarders that are elected by writ and yet they haue not any writ to make their regarde when they do make the same but they doe make their regard of the Forest of themselues voluntarily Presentment per le Regard sans authoritie est void within the tyme of thrée yeares that is to saie euerie yeare that regard and also the presentmentes made by the same regarde against any person are also voide and the partie against whom any such presentment is made may discharge himselfe of that presentment by plee But such a presentment and inquirie made by the Regarders which were once elected and chosen although that they doe make their regarde euerie fourth yeare or euerie fifth yeare it is good sufficient in lawe and the same shall binde the partie to the punishment notwithstanding that euerie such presentment and regarde by them made was not by a commaundement directed to the Shirife as aforesaide For when the Regarders are once elected by writt and Sworne then they may hold their regard according to the assises of the Forest that is to saie euerie third yeare ex officio without any new writ precept or comaundement But if any of them be dead so that there are not the whole number of 12. Regarders lyuing then they ought to haue a writ as is aforesaid to chuse newe Regarders in their places to make vpp the full number of 12. Regarders againe before that they can make their regarde of the Forest And so in like manner it is if the King by his letters patens doe make one or more Regardors to fill vp the number of 12. Regarders againe they cannot ex officio make the regarde of the Forest without such a writ vt supra Les Regarders ne point faire lour regard del Forest si non que ils soint Iure directed to the Sherife for the Sherife by the authoritie of that write must sweare the Regarders as is aforesaide and they cannot by the lawe make the regarde of the Forest before that they be sworne for if they doe then their proceding therein is voyde quod nota The letter is further in the 6. branch of the said Statute as foloweth vz Inquisitio vel visus expeditatione canum existentium in Foresta nostra de cetero fiat quando fieri debet regardum scilicet de tercio anno in tertium annum Carta de Foresta cap. 6. By which words of the said Statute there are two things especially to be noted First that the regard of the Forest ought to be made euery thirde yeare Secondly the time when all the Dogges in the Forest ought to be viewed whether that they be expeditated or not and then all the Dogges that are found to be vnexpeditated they must be expedicated according to this law And this is also to be done euery thirde yeare when the Regarders do make their regard
of that letter and then they shal be amerced for the same by the Iustices of the Forest at their discretion Hesket fo 28. according to their dignitie and estate And it is to be noted vpon that word Det that the said amercement of three shillings shal be leuied by distresse presently before the comming of the Iustices of the Forest For in this case the same is like to the amercement of a Leete as it doth appeare by the rolles presentmentes of the Regarders in diuers Forestes And so you may see that this Article for the inquisition and view of expeditating of doggs doth differ from euerie other Article of the regarde For the Regarders themselues may cesse the fine concerning this Article And the same fine shal be leuied presently by the Foresters of the Forest So that now you may perceiue by the verie construction of the letter of the Statute aforesaide that the meaning of these words Et ille cuius canis inuentus fuerit tunc nō expeditatus det pro misericordia tres solidos is as much as to saie that hee whose dogg is founde by the inquisition view of the Regarders and by their certificat presented to be vnexpeditated he shal pay 3. s. for a fyne for his dogg and yet neuerthelesse he must haue his dogg expeditated if he will keepe his dogg within the Forest Now the words are further Et de cetero nullus bos capiatur pro expeditatione canum By these words it doth appeare that before the making of this Charter of the Liberties of the Forest it was then an vsuall thing that for euery default or offence of the Forest the Foresters would distraine his Oxe which often times was of a great price And sometimes also the same was done of malice and euill will to vexe and trouble the offenders without any iust or lawfull cause And therefore this Article of the saide Charter hath greatly mittigated that great amercement vexation and hath here set downe a reasonable amercement that is to say thrée shillings and doth now prohibit that from hencefoorth no Oxe shal be taken for the expeditating of any Dogges Then the wordes are further as followeth Talis autem expeditio fiat per Assisam communiter vsitatum videlicet quod tres ortelli abscindantur sine pellota de pede anteriori In these words here is set downe and declared what manner of expeditating of Dogges hath beene vsed heretofore by the auncient Assises of the Forest which is that the three clawes of the forefoote on the right side shal be cut off by the Skinne And also here is further added to it a confirmation that is to saye that the same manner of expeditating of Dogges shall be still vsed kept and no other manner of expeditating of Dogges The words are further Nec expeditentur Canes de cetero nisi in locis vbi consueuerunt Expeditari tempore primae Coronationis praedicti Regis Henrici aui nostri Assisa Forestae H. 2. The declaration of the meaning of this branch of the Statute doth appeare in the Assises of the Forest of King H. 2. Cap. 11. in which Assises it is declared that hameling or expeditating of Dogges shall be made Vbicunque ferae Regis pacem habent vel habere consueuerunt that is to saye the expeditating of Dogges shal be made wheresoeuer the wilde beastes of the King haue a place of firme peace or haue vsed to haue a place of firme peace Maister Hesket in his reading of the Lawes of the Forest Maister Hesket fo 28. saith that if the King do afforest certain land after the saide Coronation where the wilde beastes of the King now haue their peace and rest there shal be hameling or expeditating of Dogges and yet such hameling of Dogges was not vsed there at the time of the said Coronation The same lawe is if a man haue lycence to inclose his lande where the wilde beastes of the King onely at the tyme of the Coronation vse to haue their haunte and rest and he doth inclose the same land with stone walles Expeditating of Doggs so that the wilde beastes cannot haue their haunt there by reason whereof they do chaunge their haunt and rest and doe resort to some other place whereas they did not vse at the time of the Coronation yet there shall be hameling of dogs Notwithstanding the words of the Statut are as aforesaid And the like lawe is of the contrarie parte For if the place where the wilde beastes haue had their haunte and rest at the tyme of the saide Coronation And where at that time there were hamelyng and expeditating of Doggs vsed Hameling of Doggs If afterwardes the same place be disaforested then after such disaforesting of the same ther shall not be expeditating of doggs any more vsed notwithstanding that expeditating of doggs was vsed there at the tyme of the saide Coronation So it is also if such haunte and rest of wild beastes and expeditating of doggs were vsed at the tyme of the saide Coronation by vsage by matter in fait in the countrey Expeditating by matter in Fait and not by matter of recorde as by presentment or by amercement for such offences there if the haunte and rest of the wilde beastes be chaunged from thence to another place then at this day there shall not be any hameling of doggs in that place where in deede the same was vsed at the tyme of the saide Coronation for that that no vsage was of that there after the tyme of memorie and the vsage before is but matter in fait which cannot be tryed nor lye in notice or vse now at this daie The same law is if the king do graunt to Iohn Astile a francke Chase through out all his landes within the Forest of the King and within those landes the wilde beastes haue vsed to haue their haunt and rest vpon that lande and before that graunt made there was alwaies halmeling of doggs vsed Yet now in this place the doggs of Iohn Astyle the grauntée of the king shall not be hameled although the contrarie were vsed at the time of the Coronation The same lawe shal be where the king doth graunte lycence to Iohn Astyle to make a Parke to imparke certaine of his lands within the Forest and he shall haue the Priuiledge of a Parke and Saltarie there and he doth make the same Parke and Saltarie according to his graunt in which place before that tyme expeditating or hameling of doggs was vsed vt supra there his doggs within the Parke shall not be hameled but in neither of these two last cases the doggs of any other person be it his Seruant or other straunger they ought to be hameled within that Parke or Close And this much concerning hameling of doggs It may peraduenture here be demaunded what doggs shall be expeditated by this Statut. And what doggs a man may lawfully keepe within the Forest And to this
question I answer that by the Assises of the Forest it is most playne that there are two sortes of Dogges that may bee suffered to bee kept within the bounds of the Forest which are Mastiuos et paâ—uos catulos and all other doggs are forbidden by the Lawes of the Forest to remayne within the bounds of the Forest But any inhabitant within the Forest may lawfully kéepe a Massiue for the safetie of his house and goodes in the night so that the same Mastiue be expeditated and lawed according to the assises of the Forest Assisa et Consuetudines Forestae Articulo 9. as it doth appeare in Assisa et Consuetudines Forestae Articulo 9. In these wordes Si quis Mastiuus inuentus fuerit super aliquam feram et mutulatus fuerit ipse cuius erat quietus erit de illo facto si non fuerit mutulatus ipse cuius fuerit Mastiuus erit culpabilis tanquaÌ„ de manupasto suo Et debet poni per sex plegios quoruÌ„ nomina debet imbreuiare et etiam qualis fuerit canis So that hereby you may note that a man may keep a Mastiue within the Forest lawfully if that he be expeditated Although that such a Mastyue be found vpon a Deare the owner of the same Mastiue shal be quite of the offence Also it doth apeare in Assisa et consuetud'Forestae Art 16 that a man may lawfully keepe little doggs within the Forest that can neither feare nor hurt the Kings wilde beasts of the forest for the words are as foloweth nullus messarius ducat secuÌ„ MastiuuÌ„ magnuÌ„ ad fugaÌ„duÌ„ feras domini regis Assisa et Consuetudines Forestae Artic. 16. sed paruos catulos ad expectaÌ„dum extra copertuÌ„ By which words you may here note that a man may not lawfully driue the Deare out of his Corne with a great Mastyfe but with a little dogg that can but looke after them out of the couert so that such little doggs as doe not dare to follow the Kings wilde beastes into the couert of the Forest nor to runne after them to feare them may be kept lawfully within the Forest and such doggs shall not be expeditated nor any fyne paide for them for they are out of the meaning of the words of the Statute of Carta de Foresta aforesaid Carta de Fotesta Artic. 7. The wordes of the Statute are further as followeth Nullus Forestarius vel Bedellus de cetero faciat Scottallas vel colligat herbas vel auenam vel bladum aliquod vel agnos vel porcellos nec aliquam collectam faciat nisi per visum sacramentuÌ„ duodecem regardatorum quando facient regardum Tot Forestarij ponantur ad Forestas custodiendum quot ad illas custodiendum rationabiliter viderint sufficere Here it doth appeare by the examination of this braunch of the Statute what great oppressions and extortions in tymes past were offered and done to the inhabitantes and dwellers within Forestes or neare vnto Forests and vnto such as had any landes or woodes within the Forestes by the Foresters and other officers of the Forest And therefore this braunch of this Statute was made as it were vpon the generall complaynt of the whole comynaltie of this Realme for a speciall prouision and remedie for the auoyding of those myschiefes which the comynaltie were then so oppressed withall Which saide myschiefe and oppressions doe séeme by this Statute to be two foulde that is to saie First the extortions of the Foresters and other officers of the Forest And Secondly the multitude of those officers by whome they were so oppressed and as the myschiefes at the tyme of the making of this Statute were two folde so the prouision and remedie of this Statute is twofolde likewise The first is a generall prohibition for the auoyding of all manner of extortion by any officer of the Forest begynning in these wordes Nullus Forestarius vel bedellus de cetero faciat scottallas vel colligat herbas vel auenam vel bladum aliquod vel agnos vel porcellos nec aliquam collectam faciat nisi c. The Second is a generall prohibition made for the auoyding of all manner of surcharging of the Forest with ouermanie Foresters and Walkers and other vnder officers to the ende that there shoulde be no more of those officers in the Forest then might resonably suffice for the kéeping of the kinges wilde beastes and so by reason of the diminishing of those officers their extortioÌ„ might also the easelyer be deminished And as concerning the fyrst prouision of the Statut which is for the auoyding of extortion It is to be vnderstood that there are Seuen things forbidden in this braunch of the Statute which are those things wherein the eâ—tortion of those officers in times past was most chifely committed which are as followeth That is to saye that no Officer of the Forest shal by coulor of his office onely make any 1 Scottall 2 Or gathering of any Hey 3 Or Oates 4 Or any other Corne. 5 Or Lambes 6 Or Pigges 7 Nor shall make any maner of gathering Now it is to be séene what thing Scottall or Scottale is And for that it is to be vnderstood that a Scottal or Scottale is where any officer of the Forest doth keepe an Ale-house within the Forest A Scotale is a kinde of extortion whereas he is an officer and by color of his office doth cause men to come to his house and there to spend their Money for feare of hauing his displeasure this is called a Scottall this is to be inquired of per duodecim iuratores at the Swanimote and also at the generall Sessions of the Forest And if such a Forester or officer of the Forest be attaynted of any such offeÌ„ce then he is to be punished for the said offence and also to be put from his said office And the like lawe is where any Forester or other officer of the Forest doth kéepe any game or sell any Ale at a certayne daie and by color of his office doth cause the people to spend their Money with him this is also a Scottale But if a Forester or other officer of the Forest be robbed or haue his house broken or burned by mischaunce so that by those meanes he is vndone and he doth desire the people of the Forest for his releefe to come and drinke with him and to giue him their money for charities sake This is no Scottall Colori officij virtute officij nor yet any extortion for a Scottall is extortion because the same is taken Colore officij not virtute officij But whatsoeuer is taken virtute officij is not extortion Note the difference And in like manner it is if any Forester or other officer of the Forest by coulor of his office onely do oppresse the people of the Forest that haue any common of pasture within the same forest and do secretly compell them in respect to
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
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
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