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
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
of the crime Or els he did thrust his arme vp to the shoulder into a lead Copper or Caldren of seething water from whence if he withdrew the same without any manner of damage he was discharged of farder molestation otherwise he was taken for a trespasser punished accordingly The Fiery manner of purgation belonged only to noble men and women and such as were free borne but the husbandmen Villaines were tried by water The praiers cerimonies holy vestures masses and all things that were vsed in the execution thereof you may see at large in Hollandshed his description of Brittaine fol. 98. 99. 100. In what time Canutus made these Lawee THis Canutus was King of England in the yeare of our Lorde 1018. and William the Conqueror was King of England in the yeare of our Lord 1067. which is by computation iust 49. yeares before the Conquest that these Lawes were made The antiquitie of Forest Lawes which also is nowe in this yeare of our Lorde 1592. iust 574 yeares since the making of these Lawes of King Canutus which is verie auncient and yet it doth seeme that Forestes themselues are much more auncienter than these Lawes are For it doth appear that Forestes were long before Christ his time as the Scripture doth testifie in the second booke of Kinges Cap. 19. The antiquitie of Forestes ver 23. in these words I will go into the lodgings of his borders and into the Forest of his Carmell And also in the second booke of Kings Cap. 2. vers 24. in these wordes Two Beares came out of the Forest and tare in peeces 42 children that mocked Elisha by which words of the Scripture it doth not onely appeare that there were Forests then but also it doth manifest vnto vs what manner of wild beastes were in those Forests at that time as Beares and such like And in the 104 Psalme of Dauid vers 20 in these words Thou makest darknes and it is night wherein all the beasts of the Forest creepe foorth And in the 131 Psalm vers 6. in these wordes Lo wee heard of it at Euphrates found it in the Fields of the Forest so that you may see that there were places of refuge for wilde beastes to abide in The signification of this word Forest euen at that time which places of Refuge for wilde beastes were and yet are called Forests that is co say where wilde beasts of Venery may haue a place of firme peace for rest OMnes forestae quas H. auus nr ' afforestauit videantur per bonos leg homines si boscum aliquem aliud quam suum dominicum afforestauerit ad damnum illius cuius boscus ille fuerit statim deafforestetur Et si boscum suum proprium afforestauerit remaneat foresta salua communia de herbagio alijs in eadem foresta illis qui prius eam habere consueuerunt Carta de foresta ca. 2. 2 Homines vero qui manent extra forestam non veniant de cetero coram Iustic nostris de foresta per communes summonitiones nisi sint implacitat ' vel plegij alicuius vel aliquorum qui attachiati sunt propter forestam Carta de foresta ca. 3. 3 Omnes autem bosci qui fuerunt afforestati per regem Richardum auunculum nostrum vel per regem Iohannem patrem nostrum vsque ad primam coronationem nostram statim deafforestantur nisi sit dominicus boscus noster Carta de foresta cap. 4. 4 Archiepiscopi Episcopi Abbates Priores comites Barones milites libere tenentes qui habent boscos suos in Forestis habeant boscos suossicut eos habuerunt tempore primae coronationis regis Hen. aui nostri ita quod quieti sunt imperpetuuÌ„ de omnibus purpresturis vastis assertis factis in illis boscis post illud tempus vsque ad principium secundi anni coronationis nostrae Et qui de cetero vastum purpresturam vel assertam sine licentia nostra in illis fecerint de vastis purprestur assertis nobis respondeant Carta de foresta cap. 5. 5 Regardatores nostri eiant per forestam ad faciend'regardum sicut fieri consueuit tempore prime coronationis regis H. aui nostri non aliter Carta de foresta cap. 6. 6 Inquisitio vel visus de expeditatione canum existentium in foresta nostra de cetero fiat quando fieri debet regardum scilicet de tertio anno in tertium annum tunc fiat per visum testimoniuÌ„ leg hominuÌ„ et non aliter Et ille cuius canis inuentus fuerit tunc non expeditatus det pro miÌ„a tres solidos et de cetero nullus bos capiatur pro expeditione canum Talis autem expeditatio fiat per assisam comuniter vsitatam vz quod tres ortelli abcindantur sine pellota de pede anteriori Nec expeditent ' canes de cetero nisi in locis vbi consueuerunt expeditari tempore primo coronationis pÌ„dicti reges Henrici aui nostri Car. de Fo. cap. 7. 7 Nullus forestarius vel bedellus de cetero faciat scotalas vel eolligat herbas vel auenam vel bladum aliquod vel agnos vel porcellos nec aliquaÌ„ collectam faciat nifi per visum et sacruÌ„ xij regardatoruÌ„ quando facient regarduÌ„ Tot Forestarij ponantur ad forestas custodiend quot ad illas custodiend rationabiliter viderint sufficere Carta de Foresta cap. 8. 8 Nullum Swanimotum de cetero teneat ' in regno nostro nisi ter in anno vz in principio xv dierum ante festum sancte Michaelis qn'agistatores nostri conueniuntad agistâ—nd dominicos boscos nostros circa festum sancti Martini in hyeme qn ' agistatores nostri debent recepere pannagium nostruÌ„ Et ad îsta duo swanimota conueniant forestarij viridarij et agistatores et nulli alij per districtionem Et tertium swanimotum teneatur initio .xv. dierum ante festum sancti Iohannis Baptiste quando agistatoris nostri conueniunt pro venatione bestiaruÌ„ nostrar ' Et ad illud swanimotum tenend conuenient forestarij viridarij non alij per districtionem Preterea singulis xl diebus per totum annum conueniant forestar ' viridarij ad vidend attachiamenta de foresta tam de viridi quam de venatione per presentationem ipsorum forestariorum et coram ipsis attachiat ' Predcta autem swanimota non teneantur nisi in comÌ„ in quibus teneri consueuerunt Carta de Foresta ca. 6. 9 Vnusquisque liber homo agistet boscum suum in Foresta oro voluntate sua habeat pannagium suum Concedimus Etiam quod vnusquisque liber homo ducere possit porcos suos per dominicuÌ„ boscuÌ„ nostruÌ„ libere et sine impedimento ad agistand eos in boscis suis proprijs vel alibi vbi voluer ' Et si porci alicuius liberi hominis vna noct
of the kings wilde beastes in which cases it was then felonie to kil them and the offender should lose his life by the lawe for such an offence or els if he did not lose his life for that offence then he was to make a grieuous raunsom for the same as it doth appeare in the auncient lawes of Saint Edward in his booke fo 69. And afterwards in the time of William the Conqueror Legibus Sancti Edwardi fo 69 in the ende of his decrees that he made and set downe for lawes he willeth that no man shall lose his life for any such offences but onely that such an offender shal be punished by the losse of some of his members which decree is there set downe in these wordes Interdicimus etiam ne quis occidatur vel suspendatur pro aliqua culpa Les decrees del William la Conqueror sed evelluntur oculi et abscindantur pedes vel testiculi vel manus ita quod truncus vnius remaneat in signum nequitii sui secundum quantitatem delicti debet pena maleficientis infligi And this law in some cases doth endure vntill this daie As at the Common Lawe if a man do make an affeaie within the Kings Pallace the offender shall lose in that case his right hand The Statut of An 33. H. 8 41. Assisarum and this was the Common lawe before the making of the Statute of An. 33. H. 8. as it doth appeare in 41. Assisarum where the case was that a man was endited and arraigned for that he did strike a Iuror in the Pallace at Westminster which had passed against him which saide stroke was giuen in the presence of the Iustices Striking in the Kings pallace or in the presence of the Iustices for the which he had his iudgement that he should remaine in prison in the Tower during his life and also that his right hand should be cut off and that the issues and profites of his lands should be forfeited vnto the King during his life but his heire should not be disinherited And the verie like case is adiudged in Anno 19. E. 3. and also in M. 22. of E. 3 Where an Esquire of good accompt which drewe his sworde to strike another person in the presence of the Iustices 19. E. 3. M. 22. E 3. of which offence he was afterwardes conuicted and had his iudgement for the same to haue his right hand cut off and he was also for the same offence committed to Newgate there to remaine as in the case before recited And therefore now this graunt and Charter of the Liberties hath prouided a remedie for this extremitie in these wordes Nullus amittat vitam vel membrum which is a verie great libertie vnto all the Kings Subiects And it is also a restraint and an abridgement of the Kings will and pleasure vpon which the punishment of such offenders did then onely depende which at that time was vncertaine where as nowe the same is a most certaine punishment appointed for those that do hunt the Kings wilde beastes for the words are Provenatione c. So that the same Charter is now a generall pardon to all men of life and member for all offences of hunting the Kings wilde beastes of Venery Pro venatione And because the letter is pro Venatione it is necessarie to consider what beastes are called beastes of Venerie or the Kings Venison and therfore it appeareth as it hath been shewed before that there are fiue wilde beastes that are accompted beasts of the Forest that is to saie the Hart the Hynde the Hare the Boare and the Wolfe And there are also fiue beastes remaining in the Forest that are accompted beastes of Chase that is to saie the v. beastes of the Forest The v. beastes of the Chase the Bucke the Doo the Fox the Martron and the Roo And there are also diuers other wilde beastes in the Forest that although they are not beastes of the Forest nor beasts of Chase yet they are accompted beastes of Venery and this Charter of Pardon of life and member doth extend to the hunting killing of any beastes of Venery according to the letter of the saide Charter which is pro Venatione which entendeth also to all manner of Hawking and destroying of Fowles of Warren and Fishing in anie viuarie within any Forest where such kinde of things are that are fere naturae The letter is further Sed si quis captus conuictus c. Which is as much in effect as if the wordes had beene That if the offender be taken and attainted of the Trespas or offence by the course of the Lawes of the Forest But if the defendant vpon an Inditement do confesse the offence or will saie nothing at all to it or will make default after his appearance if the same do passe the Swanimote in due forme of Lawe according to the Statute called Ordinatio Forestae Ordinatio Forestae An. 34. E. 1. An. 1. E. 3. ca. 8 and according to the Statute of Anno primo of Edwarde the thirde Cap. 8. then such an offender shal be saide to be conuicted And when any offender is thus conuicted he shall make his fine for the same offence For the letter is further Grauiter redimatur and that is as much to saie The offender so conuicted must be grieuously redeemed or make a grieuous Fine or raunsome for his offence The diuersitie betweene a Fyne and a Raunsome And it is said that there is a great diuersitie betweene a fine and a raunsome For a fine is arbitrable by the Iustices of the King and is to be assessed by them without the King But a raunsome is not to be assessed by the Iustices of the King onely but that the King shall first therein shewe his pleasure and will And therefore it doth seeme that in this case the recompence for such an offence is to be called a fine and not a raunsome because the Iustices of the Forest do assesse the same without making of the King priuie to it first as common experience doth dayly proue and auncient presidents of the Lawes of the Forest confirme the same And thus hauing passed ouer 10. articles of the Charter of the Forest I will here ende leaue the rest to others of better learning iudgement to handle And because it is verie necessarie to see and know the manner of the making of a Forest and of the dissaforesting of a Forest againe I will now here set downe the Charter of the Puraley to the end that it may thereby appeare in what manner a Forest is made And as a Forest is made in like manner the same is made a Puraley dissaforested againe as it shall appeare by this President hereafter following Charta de Foresta caput 1. Ad ordeigne que touts Forests que Henricus auus noster aforestauit videantur per bonos legales homines si