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
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
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
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
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
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
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
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 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
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
luy pur certein temps expire trauers le prescription bien vncore in transgr c. le prescription admit in luy son ancester et in ceux que estate et issint vn poit prescriber destre garden de boyes Et in An. 2. R. 2. An. 2. R. 2. fo 15. Br. Prescription 100. Le case fuit tiel que la il fuit adiudge bon custome de prescribe que ou Swan vient sur terre de ascun adioyne al Ewe de Tames et eira la ad 3. Signets que le owner del Swan auera 2. des meliours lowner del terre le 3. Car auterment le owner del terre poit eux enchase quod nota et hic in particul ' Com. Regula hic Nota quel priuilege le royall gamedel swan ad sur le terre de auter in cōsiderac del dit land bitd per la custome An. 13 H. 7. fo 16. Br. Prescripcion 107. Nota que hōc poit prescriber al hunt in terr de vn auter al rechaser les sauage beasts al Forest le roy Br. Prescriptiō 108 Car dictū fuit pro lege 2. Mariae que custome poit estre allege ou est nul person que poit prescriber Cōe inhabitants ne point prescriber mes ils poit alledge custōe que les inhabitāts point cominer in Dale que lun va ou le lieu et lauter ou le person quel person doit estre able de prescribe car aliter nil valet Et in An. 13. H. 7. in Transg de close debruse le def dit que le lieu ou c. gist adioynant al forest de Windsor dont il est Foster de fee et il et ses ancestors de tempore c. ount vse mesme le lieu ou c. Denchase les sauages del Forest oue ses chiens de eux rechaser al Forest que 4. dames viende extra Forestam la per que il eux rechase c. al Forest c. et bon prescripe per Mordant Frowike Vauisour Brian car ceo poit auer loyal comencemēt Et vide Brooke in tit Prescrtption 108. que home poit prescriber que il ses ancestors de tempore c. et ceux que estate il ad in le maner de C. ont Ewe Parke la come appendant de tempore c. et bou clame Et nota ceo come vn maxime in touts prescriptions clames auxibien al comen ley sicome in le Forest ley que vn poit bien prescriber tiels choses que point auer loyal comencemēt mes de tiels choses que ne point auer loyal commencement nul poit prescriber sans monstre del Charter inde ante temps de memorie ou de allowance de ceo in Eire puis temps de memorie An. 1. H. 7. fo 23. Br. Prescription 56 ET approuer ceo vide le case in An. 1. H. 7. fo 23. Que home ne poit prescriber in Sanctuarie nisi monstrat Chartam Regis ante temps memorie et allowance in Eire puis tēps de memorie mes home poit prescriber in waife straye et wrecke mes nemy in cattalla felone vtlagate ne dauer conusans des plees extra Curia Regis sans monstre Charter ante temps memorie allowance in Eire puis temps memorie An. 11. H. 4. fo 16. Br. Prescription 83 Et An. 11. H. 4. f. 16. fuit tenus in Transg que home poit prescribe que il et ceux que estate in le maner de B. ont ewe wreke de tempore c. in B. et bene sans allowance in Eire Tamen per Hanke il doit auer Charter inde vel allowance in Eire puis tēps de memorie et issint nota que nul claime de ascun Priuiledge ou libertie in ascun Forest que ne point auer loal comencement al primes sans Charter ou graunt del Roy doit ester allowe sans monster del charter ante temps de memorie et allowance puis temps de memorie Certaine principall notes taken out of the recordes of the plees of the Forest of Pickering and Lancaster as followeth FIrst it appeareth by the assises and plées of the forest If the Foresters verderors or other ministers of the Forest that haue the custodie of any of the rolles of the Forest they do nor bring in the same rolles at the Iustice seat of the Forest before the same Iustice then their lands shal be seised vntil that such officers shal bring in the rolles of the forest as they ought to do that if any Forester Verderor or any other minister of the forest that hath the custodie of any roles of the forest at such time as the Iustice of the forest or his debutie shall at a Iustice seate hold the plées of the forest that if any such forester verderor or other minister hauing the custodie of any such roles of the forest their heire executores or assignes or the Tenantes of their landes in what shire so euer the landes be do not bring in the roles presentmentes and inditements of the forest That then there shall goe foorth a precept to the shirife of the countie where such landes do lye commaunding him Quod expulsis vxore et liberis sesire faciat omnes terras et tenementa que fuerunt ipsius in Balliua sua Ita quod de valore earundem per annum respondeat prefat ' Iustic ' c. nisi tenentes terrae et tenemeut ' ipsius primis venerint ad rotulos suos et alia memoranda predicti dictum Iter tangentia reddendos And if it happen that such roles of the forest or memoranda be lost then by the assises of the forest the saide officers or theire heires executores and tenementes may require the Iustice of the forest that they may make their fine with the king for the same and then the forme of the same entrie is this Et admittuntur per finem dimi marce c. And if it should happen that such roles or inditments of the forest be burnt or destroyed by the Scotts or other enimies of the Realme The lawes assises of the Forest doth not admit any excuse yet is not this any excuse by the assises of the forest althoughe the same were indede a verie good excuse by the common lawes of this realme quia Iudicia forestae et assisarum eiusdem seorsum ab alijs regni Iudicijs secernuntur et solius regis arbitrio vel cuiusdā familiaris ad hoc specialiter deputati subijciuntur and therfore in this case the said officer shall make his fine for the same or else his land shal be seysed and the like lawe is of the agistors if they do faile of their rolles and accountes And as concerning the forme of Indictments taken in the Swanimotes An Indictmēt in the Swanimote is not trauersable I haue written sufficieintly hereafter
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
vse tillage in any newe groundes without especiall licence It appeareth by a claime made by the Abbot and Couent of Meriuall that none may make any new buildings within the Forest except he haue good warrant from the Lords of the Forest for the Abbot made claime by graunt that he might make omnimodum comodum suum sine assertand'sine edificand'modis omnibus c. And if he might do it without warrant it had ben in vaine to haue had licence Assisa Lane fo 9. Cablicia Comon of pasture Lanc. fo 13. Sheep Swine nor Goates are allowed to haue comon in the Forest Default Itinere Lanc. fo 5. and also to haue made his claim for the same And that the assises of the Forest are so it appeareth by a presentment made in a case of the Priour of Lancaster Cablicia is properlie Bruse Wood Itiner ' Lanc. 10 E. 3. fo 172. a. Itiner ' Picke A claime made for â—â—â—on of pasture is good It is to be noted that neither Shéepe nor Swine are allowed to haue Comon within the Forest quia bidentes et porci non sunt animalia ad comunicandum in Foresta sed prebent exilium ferarum in eadem in clameo Burgens Lan. fo 30. the same lawe is of Goats In clameo Burgens de Preston fo 5. Nota that if any do make a claim do after make default their libertie shal be seised into the Lords handes for default is a cause of seisure in the case de domino de Gersingham and others A woman tenant for terme of life of a Parke within the Forest of Lancaster made her claime for that being called Knoghsley Parke and also for a frée warren and after made default where vpoÌ„ one Latham being tenant in reuercion was receiued made claime both for the Park also for the free warren Ibidem and because he did not shewe forth any good matter to warrant his title therefore was it adiudged quod clausus predict ' prosternatur et remaneat Foresta vt prius et quod warrennia predicta capiatur in manus domini c. Demurrer Pickering f. 21 If it chaunce a demurrer in lawe do fall out betwéene the king and his subiects vpon a claime before the Iustice of the Forest they may adiourne the same into the kings Bench there to be determined Nota the president is excelent If a Iustice seate be discontinuid Discontinuance Resomons Pickering f. 15 by the not comming of the Iustice In this case the king by his writ may reuiue the same againe It is to be noted that in case the plées of the forests be discontinued by the not comming of the Iustices that in that case the plées may be reuiued againe by the kings writ of resommons whereby all thinges shal be and remaine in Pristino statu See the president therof Itiner ' Pic. fo 15. Patet that secundum assisas Forestae expeditatio canum Expeditatio canum Pickering f. 16 Exposition by vsage Pickering f. 17 Lancaster f 9. must and may be euery third yeare William the Earle of Warren Boheme Marton graunted by his deed vnto the Abbot of Furneaux that he his successors might take within his Forest of Lancaster maremiuÌ„ c. que ad vsus suos sunt necessaria et nominatim ad piscariam suam de Lanc. faciend'quicquid eis ad hoc opus fuerit And in his claime the Abbot claimed sufficient timber both for his Manner of B. also for his Piscarie and for all other thinges necessarie c. And that by that word MaremiuÌ„ he had vsed enioyed the same euer since the making of the saide graunte without the view of the Foresters And the vsage being thus founde by the iurie his title of claime was allowed Here it is to be noted that many times darke and obscure wordes are expounded by vsage as appeareth in this president quod nota for this worde Maremium is expounded by the meane of vsage Maremium for timber to build with all And this worde Maremium is also in this place expounded for Mesuagium To be acquite of escapes within a Forest doth signifie that where after the assises of the forest Escapium Pickering f. 15 Ibidem 17. Ibidem 19. If any mans Beastes be found within the landes forbidden or in the fence time within the forest then the lawe is that the owner of the same beastes shal be amercied for euery foote i.d. And if the second time the beastes be found againe then to be amerced in like manner And if the third time they be taken offending vt supra then shall the same beastes bee forfited vnto the Lord of the foreste of all which amercementes he that is quietus de escapio is cléerely discharded ibidem Footegeld Pickering fol. 17 Ibidem Chiminage To be quit of foote geld is to kéepe doggs within the forest vnluwed without any mercementes fine or forfecture ibidem To be quite of chiminage is a discharge of chiminag siluer paid for passage through the Forest with cariage of any thing vpon Horse backe ibidem Ibidem Note that the Lord of a Forest hath this prerogatiue ouer all men that dwell in his forest that at such time as he is disposed to chase within his forest euery man must be readie to hold a Grey-hound for the taking of wilde beastes in such places as they shall be appoynted Tristis or else the defaulters to be amerced And he that hath the benefit or discharge of this worde Tristis is not bounde by the assises of the forest to giue any such attendance ibibem By reason of Charter the Priour of Lancaster had the tenth of all the Venison Faux claim Lancaster f. 3 fol. 64. Pickering f. 15 viz. In carne tantum sed non in corio And because he made a false claime and saide that he ought to haue the tenth of all the Venison within the forest of Lancaster as well in carne as in corio therefore the Priour was in misericordia de decima venationis sue in corio non percipiendo c. The fence Moneth Fense moneth Pickering f. 20 Thus ye set that for the offence of a false claime the punishment is to make fine and not to sease the same The fence Moneth is alwaies xv daies before Midsomer xv daies after Midsomer Quod nota euerie common Moneth is but xxviii daies but the fence Moneth is xxxi Fine Pickering f 10 15. Iohannes de Melsa In Clameo Abbatis de Myriuall f. 69 Nota that such as ought to make claime c. by the assises of the Forest they ought to put in theire claime the first day of the Iustice seate or else at any day after their claime shall not be receiued without fine And when the claime is once put in if the claime be in any point faulty if they will amend their claime they must make fine quod nota ibidem
man that may dispend fortie shillings by the yeare of frée hold and therefore the same doth take the name of Parlew that is to saie Purlui Word Purlui that is for him and no other person but he that may dispend fortie shillings by the yeare at the least of free holde The King may disaforest any parte of the Forest by his letters Patens Also the King may dissaforest any landes that are aforested by his letters patents as he did to the Abbot of Stratforde for Wale-Wood in Essex within the Forest of Waltham which although the same be nowe at this time Forest yet the same was once no Forest And here note that all such land as is so dissaforested after the dissaforesting of the same then that land or Wood is Purlew Walewood id est Purlui for the same is a Forest still as vnto him that is no Purlew man and the same is Frée Purlui only for him that is a Purlew man What is ment by Purlui Purlieu Puraler there is Purlui Purlieu and Puraler Purlui for him that is to saie only for him to hunt that may dispend fortie shillings by the yeare Purlieu that is to saie The wilde beastes of the Purliew must haue Free returning to the Forest if they can escape for the place so that he must be a Purlew man in the place where he doth hunte or else he is no Purlew man there Puraler that is to say to goe and come so that if a man be a sufficient Purlewman in the same place wher he doth hunt yet he may not forestall or foreset the Deare but he must hunt the wilde beastes so that if they haue a mind of returning to the Forest again they may as the worde is Puraler A case goe home to the Forest againe if they can escape and ouer runne the Grey-houndes being put on after the game The grauntee of the King may haue a Forest with Foresters c. And if the King which hath a Forest with all the incidentes do graunt the same to another man then the grauntée shall haue the same Forest with all the officers and incidentes belōging to the same which connot be seuered as kéepers Foresters Agistors and Woodmen as it appeareth by Maister Treherne in his reading of the Lawes of the Forest fo 4. But quere of Verderors and Regardors A Iustice of the Forest must be made by the King vnder the great Seale of England for they are chosen by the Kings writ But such a grauntée shall not haue Iustices in his Forest saieth Master Treherne for no man can haue a Iustice in his Forest but the King only for such a Iustice must be made by the Kings commission vnder the great Seale of England Before the making of the Statute of Carta de Foresta there was no Lawe certaine for offences committed in Forests for at the beginning the same was at the pleasure and arbitrement of the King to punish the offenders in Forestes The beginning of the Forest Lawes vntill that King Canutus and others did make certaine Canons and Constitutions for the maintenance of Vert and Venison which afterwardes by continuance of time such Constitutions were taken for a lawe and such lawes were not certaine neither The beginning of Forest Lawes before the making of this Statute lawe of Carta de Foresta But the Lawes of the Forest were alwayes differing from the Lawes of this Realme as it dothe appeare in the booke of the Exchequere aforesaid where it is written as followeth Sane Forestarum Lex ratio Libro Rubro Scaccarii pena quoque vel absolutio delinquentium siue pecuniaria fuerit siue corporalis scorsum ab alijs regni iudicijs secernuntur Here you may note that offenders in Forests before the Statute of Carta de Foresta wer punishable at the wil pleasure of the King onely Et solius regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati subiecitur legibus quidem proprijs subsistit quas non Iure communi sed voluntaria principum Institutione subnixas esse debent adeo vt quod per legem eius factum fuerit non Iustum absolute sed Iustum secundum legem Forestae dicatur quia in Forestis penetralia regum sunt eorum maxime deliciae ad has quidem venandi causa curis quandoque depositis accedunt vt modica quiete recreentur illic Serijs simul multis Curiae tumultibus omissis in naturalis libertatis gratiam paulisper respirant vnde sit vt delinquentes in ea soli regie subiaciant animaduersioni which in English is this Truely saith the said Booke the Lawes of the Forest the reason and punishment the Pardon or absolution of the offenders whether the same be pecuniarie or corporall it shal be differing from other Iudgements of the Lawes of the Realme By this it appeareth that the Lord chief Iustice of the Forest hath alwaies bin one of the noble men of this Realme and shal be subiect vnto the Iudgement of the King only to determine at his will and pleasure or of some of dis Nobles thereunto especially appointed for that purpose which foresaid Lawe reason punishment and pardon shall not be tyed to the order of the Common Lawe of this Realme but vnto the voluntarie appointment of the Prince so that the same which by his Lawe in that behalfe shal be appointed or determined shal not be accounted or called absolute Iustice or Lawe but Iustice or Lawe according to the Lawes of the Forestes Because that in the Forestes there are the secrete pleasures and Princely delights of the Kings For Kings and Princes do resort to the Forest for their pleasure of hunting hauing for that time layde asyde all cares to the ende that they might there be refreshed with some quiet being wearyed with the continuall busines of the Court they might as it were breath a whyle for the refreshing of their free libertie And thereupon it commeth to passe that such offenders in Forestes for their offences are subiect vnto the onely Iudgement and determination of the King And so before the making of the Statute of Carta de Foresta and alwayes since vnto this daye the Lawe of the Forest did differ from the Common Lawes of the Realme And by this Statute the Lawes of the Forest which were not certaine before are nowe by the same made certaine in most things And whereas this Statute was defectiue the same hath beene since supplyed by other necessarie Statutes as you may see here before And whereas the wordes before rehearsed are Et solius Regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati It doeth appeare that the Office of the Lorde chiefe Iustice of the Forest is a place both of great honour and of high authoritie and that the same place is to be executed by some great Peere of the Realme that is alwayes one of
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
by reason whereof the land-tenant doth distraine them and put them in the pound in the same lande as in one pounde and then afterwards the Bedell of the Forest doth finde them there so leuant and cowchant afterwards he may distraine them for that amercement But otherwise it is if those beastes were neuer leuant and cowchant there If the Bedell of the Forest or other officer do break the close or the land that is inclosed with one ditch and a hedge a gate with a lock to it and doth there distraine for such amercement of the same man to whome the land doth belong That distresse is not lawfully taken there But if the gate be vnlocked or the hedge do lye open otherwise it is And otherwise it is if such officers do distraine such beastes in the high way within the Forest out of any close or inclosure And if one be amerced vt supra and after that he is so amerced he doth deliuer his beastes and his goods that he hath so within the Forest to another in pledge or in morgage There the Bedell of the Forest nor other officer cannot afterwards distraine them during the pledge or morgage But otherwise it is where issues are returned vpō the lands of a freeholder within the Forest which hath made default and lost the issues and afterwardes he doth alien that lande there the said Bedel may distrain in that land that is aliened for those Issues that are lost And thus much concerning distresse It were a thing verie necessarie here in this place to shewe of what things distresses may lawfully be made and taken But because that the same is a matter that doth altogether followe the course of the Common Law I will here omit it and referr you to the Register of Writtes in titulo Distresses for that matter The wordes of the Statute aforesaid are Conueniant Forestarij viridarij agistatores It is necessarie nowe here to shewe what a Forester is how he is made what his office is What a Forester is And for that it is to be vnderstood that a Forester is an officer of the Forest of the King or of another man That is sworn to preserue the Vert and Venison of the same Forest and to attend vpon the wilde beastes within his Bailiwike and to attache offenders there either in Vert or Venison and the same to present at the Courtes of the same Forest to the ende that such malefactors may thereby be punished according to the qualitie and quantitie of their offences and trespasses And a Forester of the Kings Forest is made by the King him selfe by his letters Patents vnder the great Seale of England And some such Foresters are foresters in fee and haue the same office to them and to their heires paying vnto the King a certaine fee ferme or rent for the same How a Forester is made Who is a Foester of see as it doth appeare by the Assises of Pickering and Lancaster And there are other some foresters of the King that haue their office but for terme of their life onely And againe there are some foresters of the King that haue their office by Letters Patents from the King vnder the great Seale of England but durante bene placito onely And in like maner it is of other foresters that are not foresters of the King Who are Foresters And those that are seruaunts to such foresters to looke to the Forest and to attend the Deare for them they are not properly called foresters Walkers or vnderkeepers but Walkers or vnderkeepers The oath of a Forester Walker and Vnder-keeper hath beene shewed alreadie before Page 51. The othe of a Forester ante pag. 51. Now it is to be seene what is the office of a Forester And for that it is to be vnderstoode that the whole office of a Forester of the Forest doth concist in these iiii things that is to say To Preserue 1 To Watch. 2 To Attach 3 To Present 4 1 And as concerning the first point which is to preserue It is to be vnderstood The office of a Forester is to preserue that a Forester or Keeper of the Forest must be a speciall preseruatour of the Vert and Venison of the Forest without the which it can be no Forest And therefore such an officer must alwayes haue a vigilant eye to preserue the Couerts of the Forest where the wilde beastes may haue their secret abyding and also the wilde beastes which are beastes of venerie And such an officer may not kil or destroy any of those beastes of Venerie of his owne authoritie without good Warrant for the same for if he do the same is cause of forfeiture of his office And also such an officer must be verie carefull to prouide that the Deare may haue foode in the Winter And for that cause the Law hath prouided that the Forester may lawfully lop Trees in another mans land vpon some speciall occasions for browse to succour the Deare in the Forest withall as it hath beene shewed before Like wise euery good Forester must be carefull for the looking vnto his Deare in the fence-moneth which is the time of their fawning for the preseruation of the yong Fawnes for the encreasing of the game according to the Assises of the Forest And thus much concerning the first point of his office which is to Preserue 2 The second point of the office of a Forester is to watch or to be carefull in attending of the Vert and Venison of the Forest to see that the same be not by any meanes destroyed For as a Forester himselfe may not kill nor destroy any of the wilde beastes of the Forest without good warrant nor yet cut down or destroy the Vert of the Forest No more he must not suffer any other person to do any manner of trespas in the Forest to the hurt of the Vert or Venison of the same Forest For it doth appeare by the Lawes of Canutus Canon 2. That Foresters were appointed at the first Ad suscipiendum Curam onus tum Viridis tum Veneris 3 Now the third point of the office of a Forester is to attach offenders or trespassers in the Forest So that as a Forester by his office is to be a Preseruatour of the Vert and Venison of the Forest and therefore to watch and attend the same He is likewise to attach or arrest all such offenders and trespassers as he shall finde offending or trespassing within the Forest to the end that they may receiue such punishment for the same as the lawes of the Forest doth in that behalfe appoint 4 Nowe the fourth poynt of the office of a Forester is to present which is that he that is a Forester must not conceale any manner of offence that shal be done within the Forest by any manner of person either in Vert or Venison but present the same and also all manner of attachmentes