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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70139	The great charter of the forest, declaring the liberties of it made at Wesminster, the tenth of February in the ninth year of Henry the Third, anno Dom. 1224, and confirmed in the eight and twentieth of Edward the First, anno Dom. 1299 : with some short observations taken out of the Lord Chief Justice Coke's fourth Institutes of the courts of the forests / written for the benefit of the publick.; Charta de foresta	England and Wales.; Coke, Edward, Sir, 1552-1634. Institutes of the laws of England. Part 4. Selections.	1680 (1680)	Wing G1677; ESTC R1823	19,215	42

de Foresta hath been above Thirty times and lastly in 4 Hen. 5. confirmed and enacted and commanded to be put in execution Co. Inst 4. Part. Fol. 303. And it is very observable that if any Act of Parliament hath been made against any of the Articles of the Statute of Carta de Foresta by the Act of Parliament of 42. E. 3. the same is made void and by the Statute of Confirmationes Cartarum in 25. E. 1. all Judgments given against any of the points of Carta de Foresta shall be holden for void CHAP. III. What Woods made Forest shall be disafforested ALL Woods that have been made Forest by King Richard our Uncle or by King John our Father untill our first Coronation shall be forthwith disafforested unless it be our Demesne Wood. Whereas Henry 2. Fitz Empress claim'd that he might make Forrests not only within his own Woods and Grounds but in the Woods and Grounds of his Subjects and thereupon made divers such Forrests within his own and other mens Woods and Grounds Whereupon some Readers and others that have followed them are of opinion that Henry 2. might de Jure do that which he did This Act of Charta de Foresta which is but a declaratory Law restoring the Subject to his former right is directly against that conceipt as you may see before in the first Chapter of it and to the same effect is this third Chapter Neither could Henry 2. or any other King have made or rais'd a free Chase Park or Warren for himself in any of the grounds of the Subjects for it is truly said in Plowdens Commentaries Lord Berkely's case fol. 236. that the Common Law hath so admeasured Note the Kings Prerogatives that they should not take away nor prejudice the Inheritance of any But we agree that all the Lands of the Subject are originally derived from the Crown And therefore when the Ancient Kings had the most part in their own hands or at least great Desarts Waste and Woody grounds for want of habitation they might make what Forests it pleased them therein which may be a Reason and cause of a lawfull beginning and therefore a Forest may be by Prescription good in Law over other mens grounds But the King in his own grounds may make a Forest at this day which is proved by these two Chapters for such Forests are thereby saved and Enacted to stand Co. 4. Part. Instit fol. 300 301. Desertum id quod ab hominibus deseritur feris relinquitur CHAP. IV. No Purpresture Waste or Assart to be made in Forests ALL Archbishops Bishops Abbots Priors Earls Barons Knights and other our Freeholders who have their Woods in Forests shall have their Woods as they had them at the first ‖ Coronation of Henry our Grandfather so that they shall be quit for ever of all a Purprestures b Wastes and c Asserts made in those Woods after that time untill the beginning of the second year of our Coronation And those who from henceforth do make Purpresture without our Licence or Waste or Assert in the same shall answer unto us for the same Wastes Purprestures and Asserts a Purpresture cometh of the French word purprise or pourpris which signifieth an Inclosure or building and in legal understanding signifieth an encroachment on the King either upon part of the Kings demesne Lands of his Crown which are accounted in Law as re's publicae semper favorabile fuit in Omni Republica Principis patrimonium or in the High wayes or in Common Rivers or in the Common streets of a City or generally when any Common Nusans is done to the King and his people endeavouring to make that private which ought to be publick which Glanvil lib. 9. cap. 11. very aptly describeth in these words Dicitur autem purprestura vel porprestura popriè quando aliquid super Dominum Regem injustè occupatur ut in Dominicis Regis vel in viis publicis obstruct ' vel in aquis publicis transversis à recto cursu vel quando aliquis in Civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel Civitatis Co. 2. Instit fol. 272. It was an Article of the Eyre before the Statute de Bigamis in 4. Ed. 1. to enquire de purpresturis factis super Dominum Regem sive in Terra sive in Mari sive in aqua dulci sive infra libertatem sive extra Cap. itineris id ibid. It appeareth also by Glanvil that there be likewise Purprestures done to Subjects id ibid. b Waste Vastum dicitur à vastando of wasting and depopulating and for that waste is often alledged to be Timber which we call in Latine Maremium or Maresnium or Maresmium it is good to fetch both of them saith my Lord Coke from the Original First Timber is a Saxon word Secondly Maremium is derived of the French word Marreim or Marrein which properly signifieth Timber Co. 1. Instit fol. 52. b. 53. c Assert is so called of the effect as some hold and is derived say they of ad and sero assero because of Wood grounds Marishes or waste grounds they are converted to be sown with Corn and therefore in the Register and F. N. B. it is written assertare with an E. and so it is in this Chapter here in the Latin Bracton † Lib. 4. fol. 226. hereof saith Illud quod fuit aliquando boscus locus vastae solitudinis communia jam inde efficitur Assartum vel redactum est in Culturam And herewith agreeth Fleta lib. 4. c. 22. lib. 2. cap. 25. illud olim fuit Foresta et boscus c. et jam efficitur Assartum reductum est in Culturam et idem dici poterit de Mariscis et aliis vastitatibus in culturam redactis Others fetch it otherwise but we hold that it is derived of the French word essarter to grub up or clear a ground of wood c. and this appeareth by Domesday Hereford-shire Merchela in eodem manerio sunt 58. acrae terrae provect de silva written over the same essars de essart silvae exeunt 17. s. and 4. d. E. being turned into A. Co. Instit 4. part fol. 306 307. ‖ Where it it is said tempore Coronationis Regis Henrici Avi that is of H. 2. it is to be known that he was Crowned twice viz. the 20. of December in the first year he caused his Son Henry to be Crowned King the 15. of June in the 16. year of his reign Henry his Son died the 11. of June in the 28. year of his reign after whose death King Henry Fitz-Empresse was Crowned again Id. fol. 293. CHAP. V. When Rangers are to make their Range in the Forest OUr Rangers shall go through the Forests to make range as it hath been accustomed at the time of the First Coronation of King Henry our Grandfather

for Hunting by the Presentment of the same Foresters and before them Attached And the said Swanimotes shall not be kept but within the Counties wherein they have used to be kept Within every Forest there are these Courts 1 C. First The Court of the Attachments or the Wood-mote Court This is to be kept before the Verderers every Forty Dayes throughout the Year and thereupon is called The Forty-day Court At this Court the Foresters bring in the Attachments de Viridi Venatione and the Presentment thereof and the Verderers do receive the same and inroll them But this Court can only Enquire and not Convict But it is to be observed that no Man ought to be attached by his Body for Vert or Venison unless he be taken with the Manner within the Forest otherwise the Attachment must be by his Goods 2 C. Secondly The Court of Regard or Survey of Dogs to be Holden every Third Year for Expeditation as before has been said 3 C. Thirdly The Court of Swanimote which is to be Holden before the Verderors as Judges by the Steward of the Swanimote thrice in the Year and the Foresters ought to present their Attachments at the next Swanimote-Court and the Free-holders within the Forest are to appear at the Swanimote to make Enquests and Juries And this Court may enquire de Super onerationae Forestariorum aliorum Ministrorum Forestae de eorum oppressionibus populo nostro illatis And this Court may not only Enquire but Convict also but not give Judgment Vid. 1 E. 3. ca. 8. 50 E. 3. Assiz 442. Co. Instit 4 par f. 289. Swanimote is derived of Swein that is Saxonicè Minister and Mote or Gemote which is Curia i. e. Curia Ministrorum Forestae so called because it is but a Preparative for the Justice-Seat a. Ordinat Forestae 34 Ed. 1. cap. 4. id ibid. For the Jurisdiction of this Court there is a Notable Case in 45 E. 3. in a Writ of Trespass of False Imprisonment brought against J. de W. the Defendant said he is Forester in fee of the Forest and that a certain Swanimote it was presented by the Foresters Verderers Regarders and Agistors that the Plaintiff had chased and taken Deer within the Forest Whereupon the Defendant being Forester in Fee came to the Plaintiff and pray'd him to find Pledges to answer the same before the Justice in Eyre in this Country that is at the Justice-Seat and that to do the Plaintiff refused by force whereof he retain'd him until he had performed the Statute in that Case provided and justifyed the Imprisonment The Plaintiff replyed De son tort Demesne sans tiel cause and the Issue was received by the Court. And it was said That before the Justice in Eire he should have no Averment against the Presentment of the Foresters Id. f. 290. Hence are Six Conclusions observable 1. First That the Law of the Forest is allow'd and bounded by the Common-Laws of this Realm 2. Secondly That though the Verderers be Judges of the Swanimote and the Steward but a Mininster yet the Presentment in that Court is as well by them as Verderors as by Foresters or Keepers Regarders and Agistors by the Law of the Forest 3. Thirdly That a Forester or Keeper may Arrest any Man that Kills or Chaseth any Deer within the Forest when he is taken with the Manner within the Forest or if the Offendor be Indicted If a Man be so Imprisoned and after offer sufficient Pledges and they are not taken seeing Justice-Seats for Forests are very seldom Holden this is his Remedy In the Term-time he may have Ex merito Justitiae a Habeas Corpus out of the King 's Bench or if he have Priviledge out of the Court of Common-Pleas or of the Exchecquer or out of the Chancery without any Priviledge in Term or out of Term in time of Vocation and upon the Return of the Writ may be Bailed to appear at the next Eire to be Holden for the Forest c. and also may be Bailed by a Writ de Homine Replegiando directed Custodi Forestae if he be Arrested by the Officers of the Forest for Hunting c. whereof he stands Indicted or Presented taken with the Manner he finding Twelve Pledges But if he be adjudged by the Justices in Eire and Imprison'd he can't be Bailed by that Writ If he be unjustly proceeded against he hath there Remedy by Law Note a Difference between the Writ de Homine Replegiando directed to the Sheriff for he cannot by Stat. West 1. cap. 15. Replevy any Man imprisoned for the Forest being taken with the Manner or Indicted But this Statute reaches not to that of de Homine Replegiando directed Custodi Forestae 4. Fourthly That the Offendor may be Retained by him until he hath found Pledges to appear before the Justice in Eire because as hath been said the Swanimote-Court hath no Power of Judicature But if sufficient Sureties be offered he ought not to be Imprisoned 5. Fifthly The Justice in Eire at his Sessions may by the Law of the Forest proceed upon the Presentments or Verdicts in the Swanimote-Court though they are taken in another Court And 6. Lastly Note The Issue joined upon the Plea of the Forester viz. De injuria sua propria absque tali causa and allowed by the Court and the Consequent thereupon Note also That if at the Swanimote the Presentment of the Foresters be found true by the Jury concerning Vert or Venison the Offendor standeth thereof Convict in Law and cannot Traverse the same But an Indictment or Presentment before the Chief-Justice of the Forest at a Court of 21 E. 3. 48. the Justice-Seat by a Jury and not found in the Swanimote may be Traversed 8 E. 3. Itinere Pickering 147. a. because it is not Presented but by one Jury Co. Instit 4 par 290 291. 4 C. There is also the Court of the Justice-Seat holden before the Chief Justice of the Forest aptly called Justice in Eire for so he is and hath Authority and Jurisdiction to Hear and Determine concerning Vert and Venison c. by force of Letters Patents under the Great Seal whereof there are Two One for the Forest on this side of Trent the Other beyond Id. 291. The Court of the Justice-Seat can be kept but every Third Year and other Justices in Eire kept their Courts every Seventh Year And it must be Summoned Forty dayes at least before the Sitting thereof And one Writ of Summons is to be directed to the Sheriff of the County Id. Ibid. There is another Writ of Summons directed Custodi Forestae c. And this consists of Two Parts 1. To summon all the Officers of the Forest to bring with them all Records c. 2. All Persons who claim any Liberties or Franchises within the Forest c. to shew how they claim the same Id. Ibid. More of this shall be said in the Sixteenth Chapter ▵ Greenhue