holders that ought to apeare before the Iustice in Eyre of the Forest and that they shal be before the same Lord Iustice in Eyre at Windsor on Monday next after the Feast of S. Peter the Apostle or at such day as the Lord Iustice in Eyre shall appoint in the same warrant for to sit and holde plees of the Forest And furthermore to commaund the same Shirife that throughout all the whole libertie of the same Shire aswell in all the auncient Boroughes and other townes as also in all Faires Markets and other publike places that he shall openly proclaime or cause to be proclaimed that al maner of persons whatsoeuer they be which claime to haue by the Charter or Charters of our Soueraigne Lord the King or of any of his auncestours or progeuitours or by any other wayes or meanes any liberties or fraunchises or free customes of the Forest within the saide Forest of Windsor that they shal be before the Lord Iustice in Eyre or his deputie at the day and place mentioned in the same Warrant to shewe what liberties they do claime to haue in the same Forest And that all manner of persons that are attached for Verte and Venison within the Forest aforesaide after the last plee of the Forest holden before the Lord Iustice in Eyre and also that all Pledges and Manucaptors which haue day by their Manucaption before the Iustice of the Forest of our Soueraigne Lord the King at his next comming into the Forest to holde his Iustice Seate that they be before the said Lord Iustice in Eyre at such a day as is mentioned in the said Warrant to the same Shirife readie to fulfil and do those things which by the Lawes of the Forest they ought And that the same Shirife with his Bailifes be there also to certifie the said Lord Iustice in Eyre of the premisses and also to execute the office of a Shirife in these and such like matters concerning the same And it is to be noted that the Lord Iustice in Eyre must alwayes by their precept as aforesaide giue day by the same precept of Sommons so that all men that are to be sommoned by it may haue fourtie dayes warning at the least of the same Iustice Seat by the Shirifes Proclamation And when the Lord Iustice in Eyre is come to the place appointed according to the Proclamation and that he is set in his iudiciall Seate and those that are in commission with him then after the Commission is read and the officers of the Forest called then the Freeholders of the same Forest shal be called also and all others that were warned to appeare there at that day and then out of those freeholders and others there is chosen a most substantiall Iury of xxiiii or xx or xviii of the discreetest men And they shal be sworne that they shall truely inquire and true presentment make of all such matters as shal be giuen them in charge And then to the intent that the Kings most excellent Maiestie may the better be certified what offences haue beene done in the Forest in any degree since the last Seate of the Iustice and also how those offenders haue bin prosecuted fauoured or punished by the officers of the Forest whome the King doth trust in that behalfe and that the King may likewise know what officers of the forest haue wel dutifully discharged their office as they ought to do The Lord Iustice in Eyre or some man learned in the Lawes of the forest by his apointment shal giue vnto the fame Iury a charge which charge in effect doth comprehend briefely he whole scope of the Lawes of the Forest which is as followeth The Charge of the Lord Iustice in Eyre of the Forest that he doth giue at the Iustice Seate FIrst yée shall inquire of all attachementes made since the last Sessions as well of Vert as of Venison and aswell in the Demesne Woodes of our Soueraigne Ladie the Quéene as in any other place within the boundes of the Forest by whome such attachementes were made and how they were made and whether there hath bin any hunting within the boundes aforesaid and if any such hath ben then by what person it hath so â—en and who hath béene consenting or agréeing to the same that is to saye the Foresters or any other and what they haue beene that haue hunted with warrant who without and how often when and where the same was 2 Ye shall also inquire where there hath béene any attachement made by night and who they were that hath béene so attached and by whome they were attached 3 In like manner you shall inquire what attachementes hath bin made in Fence time aswel of those persons that haue offended as of others suspected and of all others found in the Forest serching and going after a suspected maner 4 You shal further inquire if there haue bin any asserts wastes or Purprestures newly made since the last Sessions or before not presented other then such as hath beene made by grauntes or licence of the Quéenes Maiestie or any of her progenitors and within whose Fee the same hath beene or is so made that is to saie in the Kings demesne landes or in the landes of any other and who hath so made them or any of them and who doth nowe holde the same and how they be inclosed and how much the same doth containe by the number of Acres 5 Item you shall inquire if there be any person or persons that hath or haue inclosed any quantitie of ground what soeuer it bâ— adioyning or bordering vpon the Forest and thereby inlargeth his or their own ground in setting out of their hedge or hedges ditche or ditches and so streighteneth the Queenes Forest yee shall present his or their names and the quantitie of the grounde so inlarged 6 Ye shal further inquire if any person or persons hath or haue raised vp or taken away any marke or bounde of the Forest if any hath so done ye shall present his or their name or names and the daie and time when it was done 7 Yee shall further inquire of the bandes and limites of all Bailiwikes within the Forest and how and after what manner they be bounded and how euerie of the saide Bailifes and Fosters haue vsed to keepe and walke and what they and euerie of them do claim to apertaine to his or their office or offices and what they do take by reason thereof and by what warrant the same is done 8 Item if any person or persons hath or haue made any Myne Delphe or Coale stane Claye Marle turfe Iron or any other Myne you shall present his or their name or names and the place where the same is so done 9 Also you shall inquire whether any Tanner or White tawer doth dwell within the precinct of the Forest and do vse their faculties there yea or no. 10 If any persoÌ„ or persoÌ„s haue newly builded or made any
eos ducere vel aliquod foâ—stact ' voluerint Concelare ipsi milites non omittentur propter illos qâ—in foris factum illud videant imbreuiari facias Et hoc pro nullare dimittant Et quod regarduÌ„ illud fiat cantra tale festum Teste c. And it is to be vnderstood that in times past when the Forest Lawes were carefully put in execution then the generall Sessions of the Forest called the Seate of the Lord Iustice in Eyre of the Forest was holden and kept euery thirde yeare And also euery third yeare the Regarders of the Forest did make their regard of the Forest And now at this daye alwaies before that the Lord Iustice in Eyre of the Forest do holde his general Sessions of the Forest he doth cause the write aforesaid to be made and sent to the Shirife of the same shire where the Forest is in the which the Iustice Seat for the Forest shal be kept together with a briefe remembrance or abstract of all such matters as the Regarders of the Forest shall enquire of By vertue of which write the same Shirife doth cause all the Foresters of the same Forest and also all the Regarders to meete together at a certain day and place which the Shirife shall vnto them assigne for that purpose at which day and place so appointed by the same Shirif vpon the apparance of the said Foresters and Regarders the shirife doth declare vnto them the Tenor of his write and also doth giue vnto them a charge to inquire of al such matters as are contained in the said Abstract At which time of apparance if any of the said Regarders be dead or sicke so that there be not the full number of twelue Regarders to make the regard of the Forest Then the said Shirife shall according to his said write in his full Countie of the shire choose other Regarders and cause them to serue in their places and so make vp the number of twelue Regarders and in such sort Regarders are made And also it appeareth by the Statute of Ordinatio Forestae made in Anno. 34 E. 1. hic ante fol. 26. 39. That if any of the Foresters Regarders or any other minister or officer of the forest be dead or by sicknes or any other meanes they be let or hindered so that they cannot be at the court of Swanimote And because that the absence of such officers or ministers should not be any hinderance of the proceeding of the court of Swanimote then the Lorde chiefe Iustice of the Forest or his Lieutenant incontinently shal choose and appoint other Regarders in their places so that all the Inditements in the Swanimote may be made and done by all the officers of the Forest according to the order set downe apointed by the saide Statute called Ordinatio Forestae And such electing and appointing of Regarders at the Swanimote is done but as it were of necessitie to make vp the full number of twelue Regarders to serue for the place at that time And such Regarders as be dead and others chosen in such manner by the Lord chiefe Iustice in Eyre of the Forest or his Lieutenant in their places then they shall remaine Regarders still But the Regarders that are chosen and appointed as aforesaid to serue in the places of others that then were sick or absent vpoÌ„ some especial busines such Regarders are not Regarders Nisi pro hac vice tantum as it doth appeare by M. Hesket fo 24 b. For saith he they are officers but to serue the Court for that time onely Hesket fo 24. I do finde by the Lawes and customes of the Forest that there may be three sorts of Regarders of the Forest which are as followeth 1 First there is one sort of Regarders made by the King him selfe by his letters Patents to whome the King doth graunt the said office sometimes for terme of life sometimes to him and to his heires to be one of the Kings Regarders of such a Forest 2 Secondly there is another sort of Regarders that are made by the Lord chiefe Iustice in Eyre of the Forest or by the Kings writt to the Shirife as hath beene shewed alreadie before And such Regarders are officers of the Forest but durante bene placito that is to say during the Kings pleasure 3 Thirdly there is another sort of Regarders that are made Regarders for the present seruice of the Court of Swanimote or to serue at some other time in the absence of some of the Regarders that are sicke or otherwise not able to serue at that time and such Regarders are officers Nisi pro hac vice tantum And thus much concerning Regarders and how he is made a Regarder of the Forest And now forasmuch as it appeareth by the writt aforesaid directed to the Shirife to choose new Regarders in the place of such as are dead And that the same Shirife according to his writt must giue vnto such Regarders as he shall choose in their places A Regarder must be sworne an othe for the wordes of the writt are these Et dicti milites Iurent quod facient regardum sicut solet debet fieri Now therfore it is necessarie to see what the oath of a Regarder is And to the end that euery such officer may the better knowe his oath also his office I haue set downe the same here which is as followeth The Othe of a Regarder of the Forest The oath of a Regarder YOu shall truely serue our Soueraigne Lady the Queene in the office of a Regarder of the Forest of Waltham You shal make the regard of the same Forest in such manner as the same hath beene accustomed to be made You shall range through the whole Forest and through euery Bailâ—wike of the same as the Foresters there shall lead you to view the same Forest And if the Foresters will not or do not know how to lead you to make the regarde or range of the Forest or that they will conceale froÌ„ you any thing that is forfeited to the King you your selues shall not let for any thing but you shall see the same forfeiture cause the same to be inrolled in your roll You shal inquire of al wastes Purprestures and Assertes of the Forest and also of concealements of any offence or trespas in the Forest either in Vert or Venison by any officer of the same Forest And all these things you shall to the vttermost of your power do So help you God It seemeth by the Lawes of Canutus the Dane King Canon the 2. that in his time there were certaine persons that did execute the verie same office that the Regarders do nowe at this daye and then there were 16. of them Canutus Canon 2. they were called Mediocres homines But the Danes did call them Yong men Hâ— Curam onus tum viridis tum veneris suscipiant But of like such officers were cleane
dicunt c. Quod Tho. Wake omnes a tempore quo non extat memoria hominum habuerunt c. liberatione BoscuÌ„ in communibus boscis suis pro se c. ad quodlibet attachiamentum hoc ad sufficientiam bosci Item dicunt quod escapia vz Emende de forincecis auerijs infra metas Forestae inuent per forestarios escapium inde presentatum est fuit a tempore quo non c. Ad attachiamenta Forestae praedictae ibidem dominus Forestae habuit emendas In clameo Burgens de Scargeburgh coram domino Wihelmo Vefeye Iusticiar ' Forestae ET quia viridarij praedicti nihil responderunt de transgress venationis factis in Foresta praedicta hocanno Ideo committuntur prisonae Et educti venerunt fecerunt finem per iij. li c. Abbas de Whitbie clamat habere viridarios suos proprios de libertate sua de Whitby eligend'de cetero in pleno Commitatu Eborum pro vt moris est ad responsiones et presentationes faciend'de transgress quas a modo fieri contingent de viride venatione infra metas forestae de Whitby coram Iusticiarijs domini Regis Itinerant ad placita Forestae in partibus illis et non alibi Sicut viridarij Forestae domini Regis huiusmodi Responsiones et presentationes facere debent et consueuerunt In Itinere Lancastriae FOrestarij venerunt et dicunt pro se ipsis et omnibus alijs forestar istius Forestae Quod ipsi forestarij nunquam fuerunt onerati de aliquibus Rotulis seu Indictament tangentibus forestam Et quod omnes Rotuli et Indictament remanent penes viridar c. Et hoc parati sunt verificare per ministros c. Qui quidem ministri ad hoc Iurat hoc idem testantur c. Ideo c. Presentatum est quod Iohannes Lancastriae cepit tres quercos in Foresta ista Qui venit et dicit quod eos habuit ex liberatione foresta pro estouerijs suis c. Et quia hoc testatum est per Rotulos viridar esse verum Ideo dictus Iohannes inde eat c. Et quia inspectis Rotulis viridar ' istius forestae nihil compertum est de praetio corticum xl Quercum praedictor Ideo ipsi liberantur prisone Et educti fineÌ„ fecerunt cum domino in hac parte per dimi marc Nomina Ministrorum forestae de Lancastra Wilhelmus Blount Custos totius Forestae et Seneschallus Roberto de Ratcliue magister forestarius eiusdem forestae Wilhelmus de Holland Supervisor forestariorum totius forestae Iohannes Balridge Forestarius de feodo in warda de Lousdale Robertus Fowcher nunc Custos istius forestae venit c. Et illo amoto Wilhelmus de Clapham Iuratus est et efficitur Custos eiusdem forestae Certaine iudgementes and principall notes taken out of the Recordes of the Forest digested into Tytles THe Priour of Lancaster had by Charter euery day two cart lode of morte Boys to be burnt in his Priory Lancaster f. 3. 64. Abuser And because he tooke viridem Boscum pro mortuo Bosco contrary to his charter the benefit profit of his estouers was seysid into the handes of the Lordes of the Forest For the which the Priour made his fine pro estouerijs rehabeÌ„dis ad iij. li.vj.s.viij.d et rehabuit estoueria sua Itiner ' Lancastr ' Anno 10. Ed. 3. fo 65. a. Abuser Assisa Lancaster fo 3. 66 Assisa Lancaster fo 4. And here you may note that for abuser there growth good cause of seiser See the like in the case of the Burgeses of Lanc. ibideÌ„ fo 66. Note if a man haue Estouers by graunte as appurtinaunt out of a Forest vnto a certain messuage In this case if the same Estouers be spent in any other house this is a good cause of seiser of the same Estouers for this is an abuser the which is a cause of forfeiture Itiner ' Lanc. Anno 10. E. 3. fo 67. b. The same lawe is of a Comon of pasture No man may agist within his owne landes within the regard of the forest except he haue special licence so to do Agistments Pickering f. 16 In clameo Abbatis de Riuall Itiner ' Pick. 10. E. 3. fo 166. quere de hoc for the wordes of the Statuit of Carra de forest are these vnusquisque liber homo agistit boscum suum in Foresta pro voluntate c. If the Iustice of the forest do any thing sticke at the allowing of any mans liberties claimed before theÌ„ Allowances then may the party gréeued haue a write of allowance or a write to procede to allowance Itiner ' Pic. fo 182. a. Where the Iustice of a Forest doth stay ouer long in allowing of a libertie that is claimed Itinere Pickering fo 16 Abbas de Riuall fo 23 Abbas de Whitbe Ibidem fo 16. Abbot de Riuall then may the partie gréeued purchase the kinges write of allowance directed to the Iustice of the forest commaunding him to allow the same The tenor of which write doth appeare Anno 10. E. 3. Itiner ' Lan. fo 9. fo 65. In the claime of the Abbot of Furneaux If at one Iustice seate certaine liberties be allowed at another time the same allowance may be pleaded quod nota And the recorde of the allowance shal be sent downe by writ vnto the Iustices It was admitted and adiudged in the claime of one Lambeson that to be quited of Pannage intempore pannagij Appurtenance might be appurtenaunt vnto a mannes frée hold An office of a woodwarde the barke of timber Trées felled was claimed to be pertaining vnto a manor adiudged accordingly To be quite discharged of Pawnage and Pawnage of Swine within a forest may be by precription appurtenaunt vnto landes And to claime that he and his auncestors a tempore quo c. is a good title without saying that he and his auncestors and all they whose estate he hath in certaine landes c. a tempore c. Asserts Pickering f. 15 No man may assert or excolor but by the kinges warrant in casu prioris sancâ—i â—ohannis Ierusalem in assisa Foresta de Pick. fo 18. b. Note that the Priour of S. Iohns did make his claime by one of his confriers whome he made his attorney being a dead person in lawe quod nota Atturney The Lord of a Forest may enter by his officers into any mans Wood Brusewood Assisa de Pickering f. 19 the which is growing within the regarde of the forest and cut downe bruse Wood for the Déere in Winter Note that it appeareth by the claime of the Abbot of Meriuall that within the regarde of any Forest Buildings Lancaster fo 5 no man may build either houses or barcaries quod nota It appeareth that within the Forest no man may builde any newe houses or barcaries or
Forest that maketh any oppressions or extorcions of the Kings people by color that he is an officer of the Forest and for taking excesse chiminage if any such be you shall present them 10 Item if any man come into the Forest in Fawning time with Shéepe or any other Cattell where they haue common and is not Sworne to be true to the Kings game 11 Item if there be any man that doth burne any Heathe or Fearne or Ling within the Foreste or townes next adioyning to the same Forest you shall present the same 12 Item touching the Kings Vert that is to saie Woods Verte you shall inquire if any haue come into this Forest and haue felled any great Okes and carried them away by night or by daye being the Kings Wood and the price of the Horse Carte and Trees so carried and by what authoritie 13 Item of small Wood as vnder Wood Sparres black-thorne Watling roddes and such like if any cut or fell them and carry them away you shall present his name and the price of the Wood so taken 14 Item if the Wardens of the Forest or their Lieutenants or any forester bruseth any waste bowes or great Okes in Winter time more for his owne aduantage for the sale than for the sustenance of the Kings Déere ye shal do vs to were thereof and the names and the price of the Wood. 15 Item if any man do take out of the hollow trées any Hony Wax or swarmes of Bées within the forest yée shall do vs to weete 16 Item if any man take any Hawkes egges Herrons egges Fesantes egges or Partridge egges out of their neastes being within the forest you do vs to weete 17 Item if any man haue any warrant of the Lorde Chancellor of England Lorde Priuy Seale or of the kings Iustices of the forest to haue certaine Trées if he haue taken more then his warrante will serue for or if he haue taken the said trées without view of the Verderors or of the foresters you shall do vs to wite 18 Item if any warrant were graunted for any Okes or other timber to be imployed to the kings vse or on his workes if any man haue bestowed them to their owne peculiar vse or otherwise conueied them or solde them you shal present the prise thereof and who he is that hath don so 19 Item if any commission were directed to any Woodsellers for the sale of the great Woodes and vnder Woodes or either of them if the same Wood-seller haue made the hedges and fensings of the Coppies for sauing the kings Couert 20 Also if any of the saide Woodsellers haue concealed any thing of the kings profite vpon their accompte or if they haue enclosed any Moores great plaines or waste groundes to the hurt of the commoners or put any other cattell into the Coppies and spring or Wood then is allowed by the Statute you shall present the same 21 Item in Pawnage time if there be any that hath Woodes annexed to the Kings Forest and maketh percourse out of his owne Wood with Swine and Pigges into the Forest in hinderance of the Kinges Pawnage of all such you shall do vs to wete both of the nomber and of the price of them for they are forfeitable to the King 22 Item if any man haue any Swine comming into the Forest in Pawnage time vnringed wrouting deluing or turning vp the kings soyle which is cause of exylation of the kings Déere yée shall do vs to wéete of the number and of the price of them for they are forfeitable to the king 23 Item if there be any man that hath any Patent by the graunt of any king confirmed or any specialtie allowed to him before any Iustice in Eyre for a certaine number of Swine to runne in Pawnage time in the kings Forest if he haue more then is allowed in his Patent yée shall do vs to wéete of the number and price for they are forfeitable to the king 24 Item if there be any Swyne not ringed or Goates that haue béene attached sithence the last Sessions within the Forest ye shall present the number and pryce of them for they are forfeitable by the first attachement to the King for that they bee not beastes Commonable 25 Item if there be any Sheepe running in the Forest and hath béene attached iii. tymes sithence the last Sessions ye shall present the number and prise for they are likewise forfeitable to the King 26 Item Venison Puraley Canutus Canon 31. you shall inquire if there be any that hath hunted the kings Déere within seuen miles about the Forest at any time within xl daies next after the kings hunting neither xl daies before it was so hunted for these causes First for that the king before his Hunting or his Commission to kill the Déere his grace should haue a sight of the Déere where they lye at rest in their haunt and after his hunting because the Déere being driuen out with strength of houndes Puraley and noise of men and hornes may afterwardes resort againe to their haunt in the Forest if there be any such you shall do vs to weete 27 Item if any man haue any great Parke or great close within thrée miles of the Forest Puraley that haue any Saltaries or great gappes called Déere lopes to receiue Déere into them when they be in chasing and when they are in them they cannot get out againe 28 Item if any man haue slaine any of the kings Deere within the Forest without warrant you shall present his name and what Déere was so slaine and within whose walke the same was done 29 Item if any man had any Warrant for to haue anye Deare if he haue taken more Deare than is mentioned in his Warrant how many they were what Deare they were and of what season for a Bucke in Winter is out of season and so is a Doe in Sommer and whether he tooke the Deare comprehended in the Warrant without sight of the Verderors and Forresters yea or no. 30 Item if any man keepe any Hounds or Dogges ryding or going through the Forest as the hye wayes do lye and taketh not vp his dogs but doth suffer his dogs to chase kil the Kings Deare whether the death of such Deare be within the Forest or without you shall present the name of the man and the Deare so killed 31 Item if any man take any Deare with Nettes cordes ropes Double Paternoster Buckstalles or other Engin and who doth keepe any such Engynes within the Forest or neere to it yea shall present their names 32 Item if any man chase course or set any net or engine though he kill not you shall present his name and fact and where the same was done and when 33 Item if any man come into the Forest and there slay any Foxe Hare Cony or any other beaste or fowle of Warren without authoritie the same is to be punished for the
Myne within the Forest since the last Sessions or before and not presented you shall present his or their name or names 11 Item if any Church town or house since the last Sessions or afore and not presented hath beene erected and builded within the bounds of the Forest by whome the same hath béene so builded and how long it is sithence and how many beastes be pastured fed in the Forest by reason of the same to the preiudice hurte ouercharging of the said Forest 12 Item if any man hath builded any Swine-house Neathouse or shéepe-house or any other house or inclosure within the bondes of the forest to the noisance of the forest ye shal inquire by whom it was â—on and how much the ground is and what it containeth and how much pasture by your estimation for the Deere of the Queene is thereby surcharged impaired by the beastes which goe in or out to or from the said house or houses 13 Item if all the inhabitants within the Forest aswel clarkes holding lay Fee as others being of the age of xii yeares and aboue be sworne to be trewe to the Forest or not and of their apparance and defaults made here at this present time 14 Item if any of the Foresters keepers or other officers which haue walkes and to do in the saide Forest by reason of their office be yet vnsworn and if any such be you shal do vs to weete what is his name or names whether he or they be present or absent 15 Item you shal inquire what Parkes be within the limites boundes of the said Forest or neare vnto the same and how they be inclosed and what salters and leapers they haue in hurte of the saide Forest or what coÌ„mon trespassers be in any of the Queenes Parkes within this Shire as with Bowes and Arrowes or any other engine and whether any ground be tilled within the Queenes Parkes without licence yea or no if there be then by whome the same is tilled 16 Item you shall inquire what wayued goodes and straies hath beene within the saide Forest since the last Session or before not presented and how the King is aunswered for them or what other person or persons claimeth or taketh them by what title or warrant the same is done 17 Item you shall inquire if any person or persons hath or haue taken any Swarme of Bees hony or Wax within the said Forest how many and how much and the valew and who ought of right to haue them 18 Item you shall inquire who maketh or taketh the profit of Turberie if any be within the said forest what ground it is whether there is or ought to be answered any rent for the same or no and to what detriment or hurt of the forest the same is 19 Also if there hath bene any Riuer Hauen or creeke newly made whereby Wood Tymber or Venison hath beene conâ—â—ied awaye by Boate Barge or Shipp of all such offenders and their aidors and concentors you shall do vs to weete 20 Item you shall inquire if any officer of the forest hath made any Scottales gathered any Sheaues of Corne or done any extortion or oppression by colour of their office you shal present their names and the same offence 21 Also if there hath any person vsed to come into the forest in fence time to seeke Sheep Swine or other Cattell Driuing of cattel in the fence moneth being not sworne to the assise of the forest ye shall present his name 22 Item you shall inquire whether the Steward hath kept the Courts of Swanimote three times in the yere according to the Lawes of the forest and taken his presentmentes and caused them to be affirmed by the verdit of xii indeferent men and also to be insealed by the Werderors and other officers according to the saide Lawes or not And whether the xl daie Court hath ben kept or no according to the Statute 23 Item whether the Keeper Bailife or Steward haue taken fines or amercementes of the trespassers or of those that were indicted or suspected for Vert or Venison and if they did of whome how much and what it was and whether they haue caused any person to be falsly indicted how and after what manner it was done 24 Also whether the foresters Verderors Regardors and Agistors or others haue conceiled any trespassers indicted or suspected or made any attachementes for their owne luker or for fauour or for the cause aforesaide haue concealed purprestures or any other thing pertaining to their office and whether they haue appropried any thing to themselues which should appertaine to the Queenes Maiestie yea or no. 25 Item ye shall inquier if any foresters of see or other officers haue taken any manner of fine or rewarde or chiminage or passage other then to his Bailiwike hath apertained or which by color of their office make any collections which are prohibeted by the great Charter of the forest you shall present the same 26 Also ye shall enquire if any Forester or Fosters hath or haue any person or persons which do accustomably resort vnto them and haunt the Forest And what the said person or persons do take and receiue of the said Foresters And whether the saide persons be suspected for any trespas or offence done or committed within the saide Forest And if any such be ye shall present his and their name and names 27 Item you shall enquire how the Foresters do behaue them selues in their seuerall Bailiwikes and offices and who are profitable to the Queenes Maiestie and who not Item Inquiratur si Forestarius sit vtile domino Regi et si non sit de qua causa Et si aliquid dent pro Balliuis suis et cui Ita quod dominus Rex perdit in aliquo Item Inquiratur de Forestarijs amotis per Senescallum vel per viridarium ob quam causam et qui sunt illi And whether there be in any of the saide Bailiwikes any more Foresters then there ought to be and were wont to be or do suffice and are necessarie or needefull for the safe keeping of the saide Bailiwike And whether they or any of them do surcharge their said Bailiwikes by vndue or too often lodging of any person or persons And which haue had their horses there by the space of thrée nightes and thrée dayes in other mens houses within their Bailiwikes or without by reason of the said Bailiwike or office And which of the said Foresters haue any lewd hurtfull noysom or walking seruant vnder them to the charge or burthen of the countrey And which of them haue made or leuied any newe custome or innouation concerning the Forest to the dammage of the Queenes Maiestie and the trouble and burthen of the Countrey c. Bailifes which be Foresters of Fee 28 You shall further diligently inquire of all Bailifes which be Foresters of fee what warrant or specialtie they haue to
holde and enioy their said Bailiwikes And which of them do giue or render to our soueraigne Lady the Queenes Maiestie any yerely ferme or annuitie for their said Bailiwikes And how much they render for the same And who do not And what of right they or any of them ought to haue and take of the saide Forest to pay the saide ferme or Annuitie And by what metes and bondes they do and of right ought to hold their said Bailiwikes And what demesne lands the Quéene hath in euery of the saide Bailiwikes and by what meates and boundes they be inuironned and set about with c. 29 Item you shal enquir if any Forester of fée or any other hath taken any reward of any Forester that he ought to be put deemed taken within the liberty of the Forest after the receipte of such rewarde doth remoue and displace the saide Forester put a newe in his place for a newe reward to the great detriment and hurte of the Forest and griefe of the Countrie 30 If any person or persons within the limittes and bounds of the Forest or without to the hurte or preiudice of the Forest haue newly inclosed his seueral grounde Woods or Warren or hath afforested any Wood of his owne without warrant of the Queenes Maiestie you shall do vs to weete of his name 31 Item Deare found dead or wounded you shall inquire whether any Deare founde newly dead or otherwise wounded in such sort that the same cannot recouer his hurte and so found and taken by the Foresters whether the flesh and bodies of such dead or hurt Deare hath beene giuen and bestowed to the Lazer-house or Spitell-house next adioyning if any such there be and if there be no such Lazer-house nere adioyning then whether the flesh and bones of such Deare aforesaide hath béene bestowed giuen and imparted among the poore people next inhabiting the Forest and if they haue béene so well bestowed then whether the Verderors or Countrie can testifie the samd yea or no c. 32 Also of all such Deare as hath béene found and taken as last before whether the head and skinne of the same haue béene deliuered to the frée-men of the next towne adioyning c. 33 Item if any Arrowe or Arrowes hath beene founde within the Forest whether due presentment hath béene made to the Verderors thereof to the intent that the saide Verderor in his Roll might enter the same c. 34 Item Greyhounds if there be any Grey-houndes founde running within the said forest to the disturbance of the Quéenes game whether the same hath béen presented in the presentmēts of the verderors to the intent that the same should be sent to the Quéene or to the chiefe Iustice of the Forest 35 Item you shall inquire if all the deggs which be within the bounds of the Forest and ought to be lawed be wel orderly lawed and made profitable for the saide Forest yea or no. 36 Item if any man in time of Haruest haue taken in any Massiue or great dogge within the saide Forest c. to the hurt of the Deare or not 37 Also if any person or persons to whome the Quéenes Maiestie or any of her progenitors hath of late or old time graunted libertie of frée chasing within the Forest if they or any of them by meanes and coloure thereof haue done any preiudice to the Queenes Maiestie in the saide Forest yea or not 38 Also if the Queenes Maiestie or any of her progenitors hath graunted libertie to hunte Vermen of chase that is to saie Foxes Marternes Wild Cartes Pole-Cattes and Squiriles within the said forest whether they or any of them by colour therof hath killed any of the Queenes Deare yea or not 39 Item if any person haue at any time seene any trespasser in the Forest take any Deare there and hath not leuied hue and crie to take him ye shall present his name c. 40 Item you shall inquire what persons there be within the boundes of the Forest or without that doth keepe any Doggs that wil runn kil the Deare or kil Hares or any other beasts of chase or doth keepe any maner of engine to take the said Deare or other beasts or who doth by any maner of engin take a Deare or such beastes and who are receiuors ayding and concenting to the same you shall present the same 41 Item whether any Deare were or hath beene taken by what manner of persones the same hath beene so taken and whether it were by warrant or without warrant Item you shall inquire if any haue bene offenders in warrens or fish-pooles within the liberties of the Forest 42 Ye shall moreouer inquite what person or persons within the boundes limittes of the Forest hath any Bowes Shaftes hounds or any other engins to the end to preiudice the Queenes Maiestie of her beastes of chase and who is accustomed to enter into the said Forest with Bowe and Shaftes you shall present the same 43 Item you shall inquire whether any person to whom the Queenes Maiestie or any other person by reason of his office hath giuen any Deare hath taken any other kind or more Deare then hath beene so giuen him And what Foresters officers or other persons haue beene ayding and assisting to the same and whether the same were taken without sight of the Foresters and Verderors yea or no. Also ye shall inquire who hath taken any kinde of Hawks Fesants Partridge or other Fowle of Warren within the said Forest contrarie to the Lawes of the same Purlieu borders 44 Item ye shal inquire if there be any man that hath hunted the Queenes Deare within vii miles about the forest at any time within xl daies next before the Queenes hunting or xl daies next after it was done for these causes for that the King afore his hunting or his commissioners ordained to take the view of the game his grace should haue the sight of his Deare where they lie at rest in their haunt and after the hunting because when they be driuen out with strength of hounds and noise of men and hornes may after resorte againe to their haunte in the Forest 45 If any Purlew hunter hunt disorderly to the distruction of the Queenes game in the Forest or kill Deare Purlieu or hunt before the Sonne or after or with any other then with his meniall seruants or hunteth vpon the Sondaies 46 Item if any Purlew hunter at any time forestall the kings Deare whether it be by dead haie or quicke heye Purlieu for they may not forstall but let flip at the taile and whether any Purley hunter hath hunted in the fence Moneth or not 47 Item Purlieu if any man commeth into the Purlew and findeth a Deare in his feading and goeth against the winde and so slayeth him with bow or Gray-hounde or other Engin or forseth him at any gap or pitch as the Deare is woont to
séeme that one principall cause of the making of this Law was that for as much as K. Henry the Second graund father to King Edward the First had afforested the Lands and Woodes of diuers persons which were not the Kings owne demeasne Woods as it doth appeare by the first Article of this Statute and all those are there appoynted to be dissaforested againe and so to be put cleane out of the Forest Nowe this Seconde branche or Article is as it were an especiall prouision thiefly for them that then were dwellers in those places which some times were within the Forest and yet by this Statute put out of the Forest that they being out of the boundes of the Forest should not be compelled to come before the Iustices of the Forest at their generall Sessions by this generall Summons as they were wont to do vnlesse that they be Pledges for same other person that is an offender or that they be there impleaded for any plee of the Forest or that they be attached by any Minister of the Forest to appeare before the Iustices for the same offence of the Forest And it is to be vnderstood that this branch of the Statute is deuided into two partes that is to saye concerning those that do dwell without the Forest and those that do dwell within the Forest for in some cases those that do dwell out of the Forest ought to appeare before the Iustices of the Forest by reason of the generall Summons notwithstanding the wordes of the Statute aforesaid And againe in some cases they that do dwell within the Forest shall not be compelled to appeare before the Iustices of the Forest by the generall Summons notwithstanding the words of the Statute aforesaid And in some cases they shall appeare by other Proces than by generall or common Summons And as concerning the first deuision which is of those that do dwell out of the Forest and yet they are compellable to come before the Iustice of the Forest by this generall or comon Sommons notwithstandind the words of the Statut aforesaid It is to be vnderstood that if any person which do dwell out of the Forest haue any libertie or franchises within the forest for the which he is to put in a Claime before the Iustices of the Forest then such a Forrener or dweller out of the Forest must of necessitie appeare before the Iustices of the Forest must of necessitie appeare before the Iustices of the Forest by this generall or comon Sommons there to preferre his Claime for the same liberty or priuiledge at the first daie of the Sessions of the Forest notwithstanding the wordes of the saide Statute or otherwise his Claime shal be seysed into the handes of the King for non Clamer of the same Non clamer is cause of seisure And in like manner it is if one that doth dwell out of the Forest haue a profit aprender out of any land within the forest or any office within the Forest or any other Priuiledge or liberty then he must of necessitie appeare before the Iustices of the Forest at the first daie of the Sessions there put in his Claime for the same and so he is bound to take notice of this comon or generall Sommons and thereby to appeare although that he doth dwell out of the Forest not withstanding the wordes of the Statute aforesaide or else the same office priuiledge or libertie shall be seysed into the handes of the King for non Clamer of the same So it is if a man haue two houses the one of them within the Forest and the other of them is out of the Forest and the owner of them is resiant and dwelling some times at the one and some times at the other so that he is peraduenture resiant and dwelling out of the Forest at the time of the Sommons of the Sessions of the Forest yet notwithstanding such an owner ought to appeare before the Iustices of the Forest by this common Sommons Master Heskēt in his reading fo 7. notwithstanding the words of the Statut aforesaid as it appereth by Master Hesket in his learned reading of the Lawes of the Forest And now as to the Second deuision of the saide Statute concerning those that doe dwell within the Forest and yet they shall not be compelled to appeare before the Iustices of the Forest vpon the comon Sommos aforesaid It is to be vnderstood that all manner of persons dwelling within the Forest and being vnder the age of 12. yeares although that they be inheritors of landes within the Forest yet they are not compelled to appeare before the Lorde chiefe Iustice in Eyer of the Forest at the generall Sessions by reason of this comon Summons aforesaide And in like manner all manner of persons that are dwelling within the Forest being either Lame Sickly or else blinde they are not to be forced to appeare before the Lorde chiefe Iustice in Eyer of the Forest by this comon Sommons aforesaide Vide the Statute of Marlebridge An. 52. H. 3. ca 24. And all manner of persons that are of the age of 70. yeares and vpwardes they are not to be forced to appeare before the Lorde chiefe Iustice in Eyer of the Forest by this generall Sommons although that they do dwel within the Forest notwithstanding the wordes of the Statute aforesaide for they are prouided for by the Statute of West the Second Cap. 38. Vide the Statute of 13. E. 1 ca. 37 If any man that is dwelling within the Forest and the same person is imployed in the seruice of the King in some other place so that he could not by reason thereof appeare before the Lorde chiefe Iustice in Eyer of the Forest he may haue his writ called Warrantia diei for to excuse his apparance before the Iustice of the Forest If any Archebishop or Bishop haue lands within the Forest the said Archebishop or Bishop him selfe in his owne proper persone shal not be forced to appeare before the Lord Iustice in Eyer by reason of the general or comon Sommons Heskēt fo 8 and yet note the wordes of generall Sommons are these Precipio quod Sūmoneas per bonos Sūmonator ' omnes Archiepiscopos Episcopos Abbates Priores Comites Barones Milites et eorum liberi tenentes qui terram aut tenementa habent infra metas Forestae domine Regis c. But all spirituall persons are exempted to be compelled to be put in Iuries by the Statut of Marlebridge ca. 24. But yet their Frée tennants shal apeare by reason of this general Sommons An. 52. H. 3 ca. 24 if they do dwell within the Forest or else they shal be amerrid Also all Earles and Barrons which haue landes within the forest and they do dwell out of the Forest they themselues shal not be compelled to be before the Lord Iustice in Eyer of the Forest by this generall Summons Treherne in his reading page
do flye togeether within the boundes of the Forest Chase or Parke and there is slayne then the owner of the same Hauke may enter into such a Forest Chase or Park take the game so slayn by the reason aforesaide But the contrarie is when my Hauke is not seysed of such game before he entreth into such a Forest Chase or Park but doth followe his game flying into the same there doth seise vpoÌ„ the game in that case the game being killed it doth belong to the owner of the Forest or ground And this is proued by the opinioÌ„ of Master Bracton in titulo Diuisione rerum And if a Harte or any other wilde beast of the Forest doe come into the landes of a Purlieu man which hath lands to the valew of xl Bracton 14. H. 8. fo 18. shillings by the yeare such a Purlieu man may lawfully Chase those wilde beasts and take them by chaseing but he may not forest all them nor foreset them in their returning into the Forest so that they cannot haue free passage back again but do kill them Wilde b easte of the Forest haue animam reuertendi For notwithstanding that they be wilde of nature yet in this case they haue animaÌ„ reuertendi that is to say they haue a mind of returning home to the Forest againe And yet if I doe let my dogg runne at any wilde beast of the Forest within the Purlieus my dogg of his owne corage doth crosse the Deare in his course towardes the Forest and turneth him and by that meanes doth kill the same Deare this is not forestalling for it commeth of the courage and cunning of my dogg and not of my owne labour nor policie Also if any man not hauing landes within the purlieu do finde any kind of Deare or wild bestes of the Forest in his own ground out of the Forest Chase Parke and Purlieu then he may kill or take them by what soeuer meanes he can deuise for then such beastes shal be saide to be clearely wilde of nature and it cannot be knowen whose they are nor from whence they come nor whether they will when they are so strayed abroad And euen so it is of all manner of wilde Haukes except only Haukes of the praye for they ought not to be forestaled with nettes or other inguns but yet if they do bréede within the landes of the Purlieus then the owners of the ground may take them At appeareth by the Assises of King Henry the second Assisa Forestae H. 2. that the same King did altogether forbid any manner of forestalling of all such things as were wilde of nature for the wordes are these Dominus Rex precipit quod nullus 〈◊〉 homoâ—â— ad capiend'ferat per natem infraforestas nec extra suâ— pâ—â—na imprisonamenti vnius anni Et quod nullus sub eadem poena facint aliquam forstallationem feris suis inter forestam suâ—m boscoâ— suos vel alio loco per ipsum vel progeniter ' disafâ—ueâ—tat ' â— And here began first the prohibition of forestalling And he that is a sufficient Puraley man by the lawe that may hunt and take the benefite of the Purlieus by hunting he must learne this lesson and know that a Purlieu man may not hunt in the Purlieus at all times nor in what manner he himselfe will For he must vnderstand that there be tenne things that a Purlieu man is forbidden to do by the lawes of the Forest in his hunting in the Purlieus And the hunting of any Purlieu man contrary to any one of those tenne things so forbidden is punishable by the lawes of the Forest A Purlieu man must not hunt 1 In the night 2 On the Sunday 3 In the Fence-moneth 4 Any oftener than three dayes in one Weeke 5 With any more coÌ„pany than his own seruants 6 Within fourtie dayes next after the Kings generall hunting 7 Within fourtie dayes next before the Kings generall hunting 8 When the Forester is seruing of any Warrant in the next Walke 9 By forestalling of the Kings wilde beastes 10 After vnseasonable Deare So that a Purlieu hunter or Purlieu man must knowe this commaundement of the Lawe vz Vtere tuo vt alienum non ledas which is that euery Purlieu hunter I meane those that are sufficient Purlieu men by the lawe must vse their pleasure of hunting there so that they do not by the fame disturbe the Kings wilde beasteâ— that are remaining within the Forest or Chase of their firme â—eaâ—e And therefore the Lawes of the Forest hath set downe the foresaide tenne points as things that are most offensiue to the Kings wilde beasts of the Forest and for that cause they are prohibited by the lawe to be done or vsed 1 The first of them is That no maner of person shall hunt in the Purlieus in the night that is to saye after that the Sunne is sett vntill the rysing of the same for by the Lawe it is accompted in many cases for a day from the rysing of the Sunne vntill the going downe of the same And likewise for a night from the time of the setting of the Sunne vntill the rysing of the same and such a day is called Dies Solarius that is a day that is accompted by the Sunne And the reason why it is not sufferable for any person either Purlieu man or other to hunt in the Purlieus in the night is because that the Kings wilde beastes may not bee troubled or disquieted of their quiet feeding and rest in the Forest for it is not possible for any man to hunt in the purlieus in the night but that the same will be Ad terrorem ferarum quae sunt infra Forestam for although that perhaps their dogges do not follow the wilde beastes out of the purlieus into the Forest in their chase after them yet the noyse of their running together the gazening of those Deare that are scared out of the purlieus will disturbe the quiet of the wilde beastes within the Forest For the verie nature of the wilde beastes of the Forest is to seeke their foode in the night time when euery bodie is quiet and at rest for then they do not see any bodie sturre vp and downe Nor they are not troubled or feared with any noyse And all the day time they resort to the Couerts being terrifyed with noyse and the sturring of men so that they cannot feede quietly 2 Secondly it is not lawfull for any man to hunt in the purlieus on the Sonday for that day is appointed for the seruice of Almightie God onely and by his lawes that daye is to be kept holy and not to be prophaned For on that day all profitable busines is forbidden to be vsed although that the same tend to the profit and good of the common Weale then Ergo much more all vaine busines and ydle pastimes as hunting and such like And for that cause the Lawes of this Realm do not
Visitationemorum Also the Regarders shall goe thorow all the Forest with the foresters and Woodwardes to surueie all the assarâ—s wastes and purprestures of the Forest and al other defaultes that haue béene made and aswell those that be auncient assarts wastes or purprestures as those that haue béene made since the last Regard and estéeme them by the number of acars And also to inquire who hath made any such assartes wastes or Purprestures or any other such defaults and who doth holde the lande where any such trespasses of the Forest were made or done And if such land be soweâ— with corne then whose corne the same is and howe often the same hath beene sowen so with corne since that any such assartes wast or purprestute hath beene made in the same And also how much the same is woorth to be solde And in whose fee the same is And to what towne the same doth belong And the said Regarders shall write the auncient assarts wastes and purprestures and such other defaults in a roll by themselues And all such as haue beene newly made since the last regarde of the Forest was made they shall write them in another roll by themselues And if the Foresters wil not goe with the saide Regardors nor leade them to the same place where such defaultes are then the Regarders may goe thether themselues and there vew inquire of such defaultes and all other that they can learne of Also the Regarders of the Forest shall suruey all the old purprestures and new that haue beene made within the Forest and valewe them seuerally by themselues and to set downe the same in the rolls of the Forest And in what place the same purpresture is so made wheresoeuer it be As in Woodes Playnes Heathes Waters or in land Stangues Hedges or Ditches or in any other place of the Forest And all such defaultes shall be written in a roll by themselues Also the said Regarders of the Forest shal suruey all the woods of the Forest that are wasted aswell those that are auncient as those that are newe which haue beene made since the Seconde yeare of King Edward the first Also the Regarders of the Kings Forest shall see and vewe all the Kinges demeasne landes and Woodes And also al maner of Trees that haue beene felled or cut downe within any of the Kinges demeasne landes or Woodes as the felling of Okes or any other great â—niber since the last Regarde And vpon such inquâ—â—e and vew thereof made they shal certifie the number of such Trees the damage and hurte that the same is to the kings woods or landes And in like manner they shall do of all manner of lopping of Trées and destruction of any vnderwoodes Also the Regarders shall suruey and vewe all the Kinges demesne hedges for the fencing in of his landes and woodes And whether they be made or maintained and kept as they ought to be or not and if that they be not so maintained and kept then in whose default the same is that they be not so kept as they ought to be and what damage to the king the same is that the same is not fenced and whether by reason that the same land or woode is not fenced as it should be the same be suffered to lye open and made common yea or not Also the Regarders of the Kinges Forest shall see and suruey al the Eyries of haukes in whatsoeuer woodes they be and who doth take them and who ought by the lawe to haue them And they shall thereof make certificat accordingly Also the Regarders of the Kings Forest shall suruey and see all the Forges and Mynes for the finding of any kind of metall in what fee soeuer they be within the Forest or within the Kinges demesne woodes or landes being within the Forest or without And what rentes and customes they paie for the same and to whome Also they shall see and vew all portes and creekes of the Sea where any Shippes or Boates doe or may aryue to cary any Timber Wood or vnderwoodes out of the Forest and who doth occupie then And by whome they are brought thether And in whose fee the same is done Also the Regarders of the Forest shal inquire who hath or doth keepe any Bowe and Arrowes in their houses or Crosbowes Gunnes Houndes or braches or any other ingins to hunte or to destroy the Kinges wild beastes and game of the Forest with all And when the Regarders of the Forest haue made suruey vewe and inquiry of all such matters as by their othe and office they ought to doe as is aforesaide they shall write the same faire in a roll bring it to the Court of Swanimote or to the Courte of Attachementes where all the officers of the Forest ought to assemble themselues together euerie fortie dayes And all such matters as are so found by the Regarders in their raunge thorow the forest the same shall be there affirmed by the saide Regarders by their handes and seales which Regardors shall also present the same vnder their handes and seales vnto the Lorde Iustice in Eyer of the forest at the next generall Eyre or Sessions of the forest The Eyre generall Sessions of the forest or Iustice Seate is to be holden and kept euery third yeare and of necessitie before that any such Sessions or Iustice Seate can be holden the Regardors of the forest must make their regard And this making of the regard must be done by the Kings writ as it doth appeare by the writ aforesaid Whereby it is to be noted that the Foresters and Regarders cannot make the regard of the forest of their own authoritie without the Kinges writ for the same purpose The wordes of the Statute are Regardatores nostri eant per Forestam That is to saie the Kinges Regargers must goe thorow the whole forest of the King Whereby it is especially to be noted that the Regarders may not doe or certifie any thing concerning their office but that they must first vew the same for that cause the wordes are eant per Forestam that is that they must raunge ouer all the forest through euerie bailiwike of the same to sée inquire of the trespasses and offences of the forest The words of the Statute are further Ad faciendum Regardum Here in these wordes is most playnely shewed the cause why the saide Regarders must goe through the forest of the King which is ad faciendum Regardum to make their Regard for in these wordes ad facieÌ„dum regardum is comprehended the whole office of a Regarder which doth concist in these foure things that is to saie Ad videndum Ad inquirendum Ad imbreuiandum Ad certificandum 1 And now as concerning the first of them which is ad Videndum to see the offences and trespasses of the Forest and to see what officers of the Forest haue executed and done their office as they ought to doe It is to
Forestas custodiendum quot ad illas custodiendum rationabiliter viderint sufficere Before the making of this Statute the Foresters and keepers of the Forest and others which had Bailiwikes of Fee within the Forest would appoint and place many more Foresters and walkers to keepe the Forest then were needefull which multitude of such officers did oppresse the people by sundrie Extortions for their maintenance to keep them because they had no wages or allowance of their masters but such things as they could get of the people by oppression extortion by colour of their office And therefore now it is ordained by this Statute for the auoiding of the same that there shall not be any more Foresters or Walkers in any Forest then shal be thought meete and conuenient by the discretion of the Regarders when they do make their regard of the Forest And if the Regarders do finde that there be more Foresters walkers than are needefull and also more then hath bene accustomed to be in auncient time Then vpon their presentment of that matter The Statut of Ordinario Forestae made in Anno. 34. E. 1. cap. 4. They shal be remoued by the Iustices of the Forest And the offenders in this behalf shal be punished as it doth appeare by the Statute called Ordinatio Forestae Cap 4. in these wordes Et si superoneratio Forestarum aut aliorum qui se gerant vt ministri Forestae inueniatur amoueantur huiusmodi superonerantes Ordinatio Forestae cap 4. imprisonentur secundum discretionem Iusticiariorum Forestae vel eius locum tenent ' necnon illi per quos positi fuerant ad voluntatem nostram similiter puniantur The punishment of surchargers of Forests with officers ad quodlibet Swanimotum inquiratur de superoneratione Forestariorum aliorum ministrorum Forestae de eorū oppressionibus populo nostro fiant inde emende punitiones pro vt superius est expressum Hereby it appeareth that this manner of surcharging of the Forest is to be inquired of also in the Court of Swanimote and then if any such be there found the same is to be certified to the Iustices of the Forest And they are to remoue such surchargers of the Forest The punishment of such offenders is expressed by the words aforesaid And it doth appeare by those words Quot ad illas Custodiendum rationabiliter viderint sufficere that the number of the Foresters and other officers of the Forest aforesaid are to be established by the discretion and othe of the Regarders as it doth appeare by those words Viderint sufficere and that shal be according to the quantitie of the ground of the Forest For if the Foresters haue diuers Bayliwikes and Walkes In capitulis attachiamentorum then there ought to be one Forester or more in euery Walke or Bailiwike within the Forest to walke the same as it is proued by the tenth Chapter de Capitulis attachiamentor ' que voit Quod Forestarij mane surgant in Balliuam eant ibi more faciant vsque ad horā nonam tunc eant ad prandium Et cito post prandium redeant in Balliuam suam videlicet in partes illas vbi non fuerant ante prandium ibi eant audientes insidientes How and in what manner a Keeper or Forester shall walke ne quis in ea malum faciat vsque ad vesperum Et sic faciat singulis diebus And whereas the words of the Statute are Nullus Forestarius nec Bedellus It is to be vnderstood that this word Bedellus a Bedell is an Officer or seruant of the Forest that doth make all manner of garnishments of the Courts of the Forest Quid est Bedellus and also all manner of Proclamations aswel within the Courts of the Forest as without and also to execute all the Proces of the Forest He is like vnto a Baily Errant of a Shirife in his Countie And here it is also to be noted that although the letter of the Statute doth speake but of a Forester a Bedle yet neuerthelesse the same Statute doth extend to all other officers in the Forest aswell as to the Foresters and Bedles for the Statute was made for the redressing of one generall mischiefe and therefore the saide Statute shall not be saide to redresse it in parte but in all like as the Statute that doth speake but of the Warden of the Fleete onely and yet the same doth extend to all other Kéepers of prisons aswell as to the Warden of the Fleete for as much as the same statut was made for the redressing of a generall mischiefe yet the letter thereof speaketh but onely of the Warden of the Fleete the like is of diuers other Statutes The letter of the Statute is further as followeth Nullum Swanimotum de cetero teneatur in regno nostro nisi ter in anno videlicet c. Carta de Foresta artic 8. THe chiefe scope of this braunch of the Statute tendeth to this end and purpose to establish and set downe the time certaine for the holding of the Courts of the forest that is the Court of Swanimote and the fortie day Court and that for two causes The first is because that all the officers of the forest and all others that shall haue any thing to doe at these Courtes of the forest might by this braunch of the Statute knowe the tymes of these Courtes certaine which before were vncertaine The Seconde is that for as much as before the making of this Statute there was no time certaine lymitted for the holding of these Courtes of the forest And therefore the chiefe Wardens and foresters of the forest did hold the Courts of Swanimotes as often as they themselues would and constrayned the people which did dwell within forestes thereby to appeare at these Courtes so often that the same was a great oppression vnto al the people of the forests within this Realme oftentimes great exactions were paide by the inhabitants of forests to the officers of the forest to haue their fauour frindship rather then they would appeare so often at those Courts therefore now these mischiefes are avoyded and prouided for by this Statute which willeth and appoynteth that from the time of the making of this Statute the Courtes of Swanimote shal be holden but thrice in the yeare and the Statute doth also there set downe at what daies in the yeare the same Court shal be kept Hic ante pag. 31. Artic. 8. pag. 18. Art 8. Vide the Statute and there note 4. things and where and what officers and other persons shal be compelled to appeare there and to giue their attendance at these Courtes as it hath beene shewed before pa. 92. and as the same doth appeare by the Statute it selfe at large here before pa. 31. And whereas the letter of the Statute is that no Swanimote from hencefoorth
or vnto the lawnes medowes pleasant feedings for their releefe and therefore they are called Campestres that is to say beastes of the feelde or beastes that do haunt the feeldes There are but fyue beastes of the Forest There are fiue beastes of the Fâ—â—est And there are fiue beasts of the Chase and there are also fyue beastes of Chase as hath beene shewed before Also a Forest doth most chiefely consist of these three things vz of Vert Venison and certeine perticular lawes and officers for to see the due exetution of the same And as concerning the first of them which is Vert it is to be vnderstood that Vert A Forest doth consist of Vert. Venison and Lawes for the purpose Greene hewe Venison Perticular Lawes which the olde Foresters were accustomed to call Greene hewe is euery kind of thing that doth growe within the Forest and beare greene leafe which may be any succour or couert for the wilde beastes to haue their secreat abyding in The seconde thing is Venison by which is vnderstood all maner of wilde beasts of Venerie which are beastes of the Forest beastes of the Chase The third is certaine perticular lawes which are onely proper belonging to a Forest for the preseruation of the same Vert Venison for the punishmeÌ„t of such as are offenders therein A Forest doth conteine in it a free Chase a Parke and a Warren And because that these lawes might the better be executed Euery Forest hath certeine meete officers for that purpose only as Verderors Regarders Foresters such like c. Also this word Forest is both a generall a compound word for that the same doth coÌ„prehend many things in it For a Forest doth alwaies comprehend in it a Free chase a Parke a Warren all these are contained in a Forest And therefore if any person do hunt or kill within the Forests any maner of Wilde beasts which are but vermine Fractio Regalis Chaceae see Carta de Foresta of king Canutus canon 27. neither beastes of the Forest nor of the Chase yet the same person is to be punished for the breach of the kings free Chase Also if any person do hunt or kill wilde Conyes in the Forest he shal be punished for the same And likewise if any person do destroy Partridges or Fesants within the Forest he is to be punished for they are fowles of warren The taking of Fesaunts and Partridges are forbidden by the Statute of 11. H. 7. ca. 17. and the King hauing the franches of a free Warren within euery Forest all such fowles beasts of Warren are by him protected in the same only for himself his nobles for his pleasure princely delight The King himself may haue a Forest but so can not a common person without a special graunt from the King for the same Also a comon person may haue a free chase by the grant of the King or Prince or els by prescription Itinere Northampton An. 3 E 3. Br titulo Prescription 57. Vide ibideÌ„ quoque 108. And it is to be noted that a comon person may prescribe to haue a park or a warren in a certaine place within his Mannor as appendant to the same as it doth appeare in Itin ' Northanpt ' An. 3. E. 3. An. 13. H. 7. f. 16 An. 5. E. 4. f. 18. where al these are holden for good prescriptioÌ„s diuers of them are allowed in the Eyre before the Iustices of forests for good claims He that hath a Freechase by the king must not vse the same for all maner of wilde beastes but onely for wilde beastes that are beastes of the Chase Misuser Prescriptions The punishment of offenders in a chase And the offenders that are taken offending in any Chase they are to be arrested imprisoned and punished by the common law and by the Statute de Malefactoribus in Parcis Chaceijs c. which was made in An. 21. E. 3. But such offenders are not to be punished by the Lawes of the Forest as offenders in the Forestes are Now it is to be seene what thing a Warren is A Warren is a fraunches or priuiledged place of pleasure only for those beastes Fowles that are beastes and fowles of Warren Campestres non Siluestres id est tantum Campestres non siluestres vz For such beasts fowles as are altogither belonging to the feelds not vnto the woods Vide the Register in titulo Trespas de malefactoribus That these only are beasts birds of Warren 21. E. 3. de Malefactoribus in Parcis for none other beastes or fowles Ther are but two beastes of Warren that is to say Hares and Connyes And there are also but two Fowles that are Fowles of Warren vz Fesants Partridges And no other wilde beasts nor byrdes haue any firme peace priuiledge or protection within the Warren If any person be found to be an offender in any such frée warren he is to be punished for the same by the course of the common law by the Statute of 21. E. 3. called the statute de Malefactoribus in Parcis Chaceijs c. For the most parte there are no officers in a Warren but only the master of the game or the keeper A free Warren is sometime inclosed and also sometime the same doth lye open for there is no necessitie of inclosing of the same as there is of a Parke Abuser for if a Parke be suffered to lye open not inclosed the same ought to be seised into the Kings hands What a Parke is A Parke is a place of Priuiledge for wilde beasts of Venerie also for other wilde beasts that are beasts of the Forest and of the Chase tam siluestres quam Campestres And all those wilde beastes are to haue a firme peace protectioÌ„ there so that no man may hunt or chase them within the Parke without licence of the owner of the same for if any person shall do the contrary then he is to be punished by the course of the common lawe as by an actioÌ„ of Trespas which the same owner of the Parke shal bring against him that shal so offend or els such an offender shal be punished according to the Statute de Malefactor ' in Parcis c. But yet a Parke is of an other nature then either a Chase or a Warren is For a Parke must be inclosed and may not lie open Abuser A Parke must be inclosed of necessitie for the same may not be suffered to lye open for if it doe the same is a good cause of seysure of the same into the handes of the King and this is called abuser for that the same is abused from the nature of a Parke Maister Hesket in his reading fo 3. for if it do that is a good cause of seysure of the same into the hands of the King or Prince as
a thing that is forfeeted vnto the King and therefore the same is inquitable as a speciall thing giuen in charge at the Iustice seate of the Forest as you may sée in the xv Article of the Charge hereafter And the very like is of a Free Chase if the same be inclosed which ought to lye open And it is further to be noted also that the owner of such a Parke cannot by the Lawe punish offenders or hunters for hunting in the same Parke if it do lye open as Maister Hesket affirmeth in his reading of the Lawes of the Forest fo 3. Also there are no such officers in a Parke as there are in a Forest for in a Parke there are no officers at all but only a Kéeper or Kéepers and the Maister of the game And this you may sée how a Parke doth differ in nature from a Frée Chase a Forest or a Waren what difference there is betweene any of them The wordes of the Statute are further videantur per bonos et legales homines c. NOwe it is to be séene how the Forest shal be vewed and by whome the same shall be done And for that the King shall cause a writ of ad quod damnum to be made How the Forest shall be viewed The Shirife or Exchetor shall take an inquest to inquire what Woods the King hath aForested that were not the Kings owne demeane woodes which shall be directed to the Shirife or to the Exchetor of the Shyre or else a commission which shal be directed to certaine persons which the King shall appoynt for that purpose commaunding the same commissinors thereby that they shall take an inquest and by their othes diligently to inquire if King Henry the Second graund father to King Edward the First haue aforested or made a Forest of any Woodes of any other mans then of his owne demeane Woods Then the inquest vpon their othes shall present what landes they were that so were afforested if any such were and what damages the parties haue sustained by the making of such landes Forestes then the commissioners shal returne such presentmentes into the Chauncery to the end that it may appeare by matter of recorde what lands were aforested by him The King doth not take any thing but by matter of recorde nor departe from any thing but by matter of Recorde so that the same lands or Woods as they were aforested at the First by matter of record they may likewise be disaforested againe by matter of recorde There is a most excelent Priecident concerning the Puralies of Windsor Forest which were vewed returned into the Chauncery and afterwardes disaforested and so became Purlâ—ew which I do omit here to set downe because the same is so long that a Quier of Paper will scant containe it but I haue placed the same in the end of this booke The words are further Et si boscum aliquem alium quam suum dominicum afforestauit ad damnum illius cuius boscus ille fuerit statim deaforestentur IT appeareth by the recitall of the Statute in these wordes Et si boscum aliquem alium c. that all such Woodes as were afforested by King Henry the Second graund-father to King Edward the First which were not the Kings demesne Woods to the dammage or hinderance of them whose woodes they were that then the same Woods so afforested Lands vewed should be viewed as afore saide and after such vewe and the certaintie thereof knowen then they should be disaforested Ad quod damnum Nowe it is to be séene what is the meaning of these words ad damnuÌ„ illius euius boscus c. And for that matter it is to be vnderstood that if the King do afforest any of the Woods or landes of any of his Subiects the same is both a great dammage and hinderance to him whose Woodes or lands the same is that so is afforested The hinderance of him whose land is aforested and in what for that the owner of the same is now thereby restrayned of his former libertie and tied to the bondage of the assises of the Forest so that he cannot hunt nor chase the wilde beastes that do Féede in his owne grounde but suffer them to Féede in quiet by reason that the same place is now within the Kings Forest and so become a Preuiledge for them by the law wheras before that the same place was made a Forest if any wild beastes had then fedd vpon the same ground the owner of the grounde might haue hunted and killed them to his own profit and commoditie Also before that the same was made a Forest the owner of such grounde might haue felled his Woodes at his owne pleasure without any licence or vew of the Foresters and so haue conuerted the same to his best profit Also before the afforesting of the same the owner thereof might haue conuerted his Pasture or Medowes into tillage to his best commoditie He that doth dwell within the Forest may agist his owne Woods by the Statute of Carta de Foresta Arricul 9 And also to haue taken the Agistment and Pawnage of his Woodes which they that had lands within the Forest could not do before the making of the Statute of Carta de Foresta Articulo 9. For that branche of the saide Statute doth giue that libertie to the inhabitance of the Forest which they had not before that is to saie that euery man may agiste his owne Woodes and take the Pawnage of them to their owne vse which before the making of the said Statute the Foresters did claime to haue the same to the vse of the King only All which things considered you may sée that for any man to haue his Woods or lands afforested is a very great damage and hinderance vnto him The bondage of the Forest for the inhabitants in Forestes do suffer a very great bondage more then those do which do dwell without the boundes of the Forest The wordes are further Statim deaforestentur SO that all the Woodes and landes which were afforested by King Henry the Second which was graund-father to King Edward the first after such vew inquisition made as is aforesaid by the commissioners or vewers and the same vewe or inquisition by them returned into the Chauncery Lands disaforested so that the king may be therof acertained of the trueth of the same by matter of record as is aforesaid then after such a certificat thereof made by such officers inquestes perambulations of the very boundes of those lands so afforested the same is dissaforested no Forest any more and then those lands are euer after called Purlewes Lands disaforested Purlews euer-after because that the same was once Forest and afterwardes disaforested so that now the same is becom frée againe as it was at the first for euery man that is a Puelewman to hunte in his owne Purlew and he is accompted a Purlew