any person vnlesse it be by the speciall commaundement of the king or by the Lorde chiefe Iustice in Eyre of the Forest or by the chiefe Warden of the Forest And in the very like manner it is where an offender in the Forest is outlawed for the same offence and his bodie is attached by the Shirife by Capias vtlagatum And this you doe sée that there be sixe degrées of offenders that are to be attached by the body only without pledges or mainprise And note this for a speciall learning that in euery case where the offender is to be attached by the body onely without Pledges or mainprise Where the offender is to be attached by the bodie only without Pledges or Mainprise there the Verderors nor Foresters may not bayle the offender 1. E. 3. cap. 8. as in the foresaide sixe degrées there such an offender is not to be bailed by the Verderors nor by the Foresters nor by any other minister or officer of the Fofest vnlesse the same be by the Kings speciall commaundement or by the Lorde chiefe Iustice in Eyre of the Forest or by the chiefe Warden of the Forest Sée the wordes of the saide Statute and note them well for they are as followeth vz No man shal be taken nor imprisoned for Vert nor Venison vnlesse he be taken with the maner or else indicted after the forme before specified and then the chiefe Warden of the Forest shall let him to mainprise till the Eyre of the Forest without any thing taking for his deliuerance And if the chief Warden wil not so do he shal haue a writ out of the Chauncery which hath ben in old time ordained for such persons endicted to be at mainprise til the Eyre And if such a chief Warden after that he hath receiued the writ doe not incontently deliuer such persons endicted to mainprise without taking any thing then the plaintife shall haue a writ out of the Chauncery to the Shirif to attache the said Warden to be before the king at a certaine daie to answer wherefore he hath not repleuied him that is so taken and the Shirife the Verderors being called to him shall deliuer him that is so taken by good mainprise in the presence of the Verderors and shall deliuer the names of the mainpernors to the same Verderors to aunswere in the Eyre of the Iustices And if the chiefe Warden be thereof attainted the plaintife shall recouer his treble damages and the saide Warden to be committed to prison and raunsomed at the kings will And from hencefoorth it shal be written to them as to the chief Wardens of the Forest Because they may not be Iustices nor haue any record but here in this case the Shirife doth let him to mainprise by the kings commaundement that is to saie by the kings writ for otherwise the Shirife might not so do And the Verderors in this case are but assistantes to the Shirife for they doe not ioyne in authoritie with the Shirife in letting of him to mainprise for they haue no such commission rō authoritie for the writ is directed to the Shirife only and not to the Shirife and Verderors but it is contained in the same writ that the Shirife shall let him to mainprise in presentia viridariorum because that the Verderors being Iudges of record the names of the mainpernors be deliuered vnto them And this much concerning attachments and the repleuing of persons that are attached How men that are baylable shal be baied and by whome Now it is to be séene how this band by Pledges shal be taken and by whome And therefore first of all it is to be noted that in all cases where any offender is to be attached by his goods and cattals which is the first manner of attachements or els to be attached by his bodie by Pledges and mainprise which is the second manner of attachement The most méetest Officers to take bonde of such offenders in the cases aforesaide in the which they are by the Law to be bayled are the Verderors and that for two causes The first is that for as much as the saide Verderors are Iudges of Record and haue the keeping of the rolles for matters of the Forest vntil the comming of the Lord Iustice in Eyre of the Forest therefore if the Foresters do take any offender with the maner offending in Vert in the Forest they are to attache him by the body and to bring him before the Verderors and then they may take a Recognizance of the offender and his Pledges to answere the same offence in the Eyre of the Iustice of the Forest because they are Iudges of Recorde and therefore they may take a Recognizance in this case and so may not the Foresters do for they are no Iudges of Recorde but accusers of offenders presenters of offences done by others in the Forest before the saide Verderors The second cause is for that that the saide Verderors are men that of necessitie must be learned and well practised in the knowledge of the Lawes of the Forest and such offenders must be bayled and Mainprised according to the qualitie degree of their offence in some cases by two Pledges and in other some cases by foure sixe or eight Pledges And in some other cases the offender is not to be bayled at all by the said Verderors or Foresters as it hath beene already shewed before nor yet by any other person but onely by the Lorde chiefe Iustice in Eyre of the Forest or by the chiefe Warden of the Forest And then if the Foresters or other Officers of the Forest that are ignorant of the Lawes of the Forest should take vpon them to bayle such offenders no doubt but great inconueniences would ensewe thereby aswell vnto the King as also to the offenders themselues And therefore such offenders are most meetest to be bayled by the foresaid Verderors to the ende that the saide Verderors may bayle them according to the verie Lawes of the Forest And for that cause the Lawe hath prouided and appointed a Stewarde that must be learned in those Lawes to ioyne with them and to direct them in their proceeding according to the same Law And when such offenders are Bayled before the said Verderors then the same Verderors are to keepe the same Recongnizance for the Kings vse vntill the comming of the Lord Iustice in Eyre of the Forest and also to cause the Forester to present the same offence in the same nature as it was done and then such presentments to be entred in the Rolles of the Verderors accordingly Whereas if the Foresters when they haue arrested such an offender might Bayle such offenders themselues at their owne wil pleasures without the Verderors there might be great parcialitie vsed therein and many grieuous trespasses concealed from the King and neuer any presentment made thereof before the Verderors at the Court of Attachements or at the Swanimoce Court Obligations taken to the
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
trespas and thrée yeares imprisonment and after shall make fine at the kings pleasure if he haue whereof and then shall find good suretie that after he shall not commit like trespas And if he haue not whereof to make fine after three yeres imprisonment he shall finde like suertie and if he cannot finde like suretie he shall abiure the Realme And if any guiltie thereof be fugitiue and haue no land nor tenement sufficient whereby he may be iustified so soone as the king shall finde it by Enquest he shall be proclaimed from County to County and if he come not he shal be outlawed It is prouided also and agréed that if none do sue within a yeare day for the trespas donc the king shall haue the suit And such as be found guiltie thereof by lawfull inquest shal be punished in like manner in all points as aboue is said and if any such trespassor be attainted that hée hath taken tame beastes or other thing in his parkes by maner of robberie in comming tarying or returning let the common law be executed vpon him as vpon him that is attainted of open theft and robberie aswel at the suit of the King as of the party West 1. ca. 20. An. 3. E. 1. 19 If any Forester parker or warrenor do finde any trespassor wandering within his libertie intending to doe dammage therein and that after hue and crie made to him to stand vnto the peace will not yeeld himselfe but doth continue and execute his malice and disobeying the kinges peace doth flie or defend himselfe with force and armes although such foresters parkers and warrenors or any other comming in their companie and ayding such foresters parkers and warrenors in the kings peace do kill any offendor or offendors being so found either in arresting or taking them or any of them they shal not be arraigned vpō the same before the king and his Iustices or before any other the king his Bailifes or any other within any franchise or without nor shall léese for so doing either life or limme or suffer any other punishment but shall enioy the kinges peace as they did before Notwithstanding let all such foresters parkers warrenors and all other beware that by reason of any malice discord debate or other euil will had before time they do not lye nor maliciously pretend against any person passing through their liberties that they came thither for to trespas or misdoe when of trueth they did nothing nor were not found as trespassors and so kill them for if they do and be conuict thereupon the death of such persons shal be inquired and execution shal be done in like maner as is done for other of the kinges subiects standing in his peace and like as it ought to be done of right according to the law custome of the Realme Statute of Trespassors in Parkes An. 21. E. 1. 20 Whereas certaine people that bée put out of the forest for the purliew and by the great men haue made request to our soueraigne Lord the king at his parliament that they might be acquited of their charge and of things that the foresters demaund of them as they were wont to be Our soueraigne Lord the king aunswered First that where he had graunted purliew that he was pleased that it should stand in like maner as it was granted albeit that the thing were sued and demaunded in an euil point Neuerthelesse he willeth and intendeth that al his demesne lands wheresoeuer they be that haue bin of the Crown being returned by way of escheat or otherwise shall haue estate of frée chase and frée warren and in such maner shal be saued and kept to his vse for all maner of escheates and for all maner of thinges that pleaseth him And in right of them that haue lands and tenements disaforested for the said purliew and such as demaund to haue common within the bounds of forests The intent will of our soueraigne Lord the king is that from henceforth where purliew is they may claime to be quite of charge of the forestes And whereas the kings beasts cannot haue their haunt and repaire vpon the forest ground as they had so long as they were within the forests that such folke shall not haue common nor other easement within the boundes of the woodes nor of the landes the which remaine in forest but if any of them that be disaforested by the purliew would rather be within the forest as they were before then to be out of the forest as they be now It pleaseth the king verie wel that they shal be receiued thereunto so that they shall remaine in their auncient estate and shall haue common and other easement aswel as they had before Wherevpon our Soueraigne Lord the king willeth and commaundeth that his Iustices of the forestes on this side Trent beyond Trent in like maner shall keepe and hold and cause to be kept and holden straitly the foresaid pointes within their liberties in the forme aboue mentioned Anno. 33. E. 1. Stat. 5. Assisa et consuetudines Eorestae 21 If any Forester shal finde any man attachable for vert in the forest first he shal attach him by ii pledges if they be to be found if not he shal be brought to the next town wher they may be found And if they be afterward found he shal attach him by iiii pledges and if the third time he shall be presented before the Verderors and be put by viii pledges afterward after the third attachment his bodie shal be attached and retayned that hee may remember what thing Vert is It is to be knowen that all trées not bearing fruit and these which beare fruit at any time in the whole yeare and an Ash if he be old shall remaine in the forest and in the errable land they be all Vert because our Lord the king is in possession of them If any man shal be found felling an Oke without the demesne wood and within the regarde of the forest without the view or deliuery of the forester or verderor he shal be attached by iiii pledges and by the view of the verderor the Oke shal be praized and the names of the pledges shal be written in the rol of the foresters and verderors If any man shal be found in the kinges demesnes asserting or doing purpresture his bodie shal be forthwith retained but if without the demesnes within the regard he shal be put by vi pledges and if he be afterward found he shall double his pledges if the third time he shall retaine his bodie A man attatable conra vadios plegios is he that is bound to be of good behauiour towarde the Forest and then after that bond is found offending in the Forest againe as it appeareth in Carta Foresta Articulo 15. If any man shal be found attacheable contrary to his suerties and pledges he shal be distrained by his cattels found within the bounds of the forest but
worne out of vse in most forestes For it seemeth that in the time of King H. 2. there were no Regarders left in any Forest and then the Foresters Woodmen did take no good regard to the Forestes and most especially the woodmen whereby the Kings woods were greatly destroyed which was an especial cause of the decay of Venison And because that the said King H. 2. would haue his Forestes the better kept and looked vnto he did ordaine that certaine Regarders should be appointed in euery Forest throughout his whole Realme for to suruey the Forests as it doth appeare by the Assises of the Forest made in his time where he doth say as followeth Item Dominus Rex precipit quod in quolibet Comitatu in quo habet venationem ponantur duodecim milites ad custodiendum Venationem suam viridem in Foresta Assisa Forestae H. 2. Et quatuor milites ponantur ad agistanduÌ„ boscos suos And these Knightes for the time that they are officers of the Forest they are called Regardors taking the name of Regardors of the effect of their office because they do as it were agere curam custodiendi viridis veneris that is that they must alwaies regarde the safe keeping preseruing of the Kings Vert and Venison in his Forest And so it seemeth that at that time no man was called to the place of a Regarder but hee that was a Knight But now at this day other good and lawfull men which are not Knights are chosen to be Regarders of the Kings Forest which officer of a Regarder is an officer of the Forest appointed by the King to see the preseruation of Vert and Venison in the Kings Forest and also to suruey all other officers of the Forest And also it appeareth by the Assises of the Forest domini Wilhelmi Veysey made in the fifteenth yeare of the raigne of King Edward the first Assisa domini Wilhelmi Veysey anno 15. E. 1. that it was established there as a lawe that there should not be any more than 12. Regarders in a Forest where he doth say Quia Euedenter constat Iusticiario Itenere suo quod tam magna oneratio regardatorum est in Foresta praedicta quod non est sustinendum propter magnum domini Regis dampnum Prouisum est quod de cetero in Foresta non sint nisi tantum dict' duodecim regardatores Et quod illi Regardatores faciant regardum per totam Forestam quoties Assisa Forestae voluerit c. And it is to be noted that in euery Forest of the Kings or in the greatest part of them there are certaine woods that are the Kings owne demeane woods belonging to the Crowne and the King hath the regarde of all the woods and waste grounds and other lands which are afforested and within the boundes and limittes of the Forest aswell those that are not the Kings owne woods as those that are the Kings owne woods And somtimes it falleth out that ther are some woods that be within the bounds and limits of the Forest and yet they are no parte of the Forest as in times past Wallwood in Essex was for the same was within the Forest of Waltham and yet not any part of the Forest nor within the regard of the Forest The differeÌ„ce Iâ—â—ra rewarduÌ„ Extra rewardum But all such woods lands as are parcell of the Forest the same is within the regard And all such lands as are within the bounds of the Forest and yet not any parte of the Forest the same is out of the regarde of the Forest and this is the meaning of the Assises of the Forest Articulo 3. and 4 where the words are Si quis inuentus fuerit extra dominicum boscum infra rewardum c. and so note the difference infra rewardum Forestae and extra rewardum Forestae And it is also to be noted that in the making of the regard of the Forest there are diuers officers besides the Regarders to be imployed as the Foresters woodwards other persons which be owners of the woods and lands within the same regard of the Forest And if any man haue a regard within the Kings Forest belonging to him of inheritance and hath there of certaine Foresters of fee belonging to the same then in that case the Foresters and Regarders of any other regard cannot enter in there to do any thing because that the same is out of their charge and within the charge of others But yet neuerthelesse in that case the chiefe Wâ—rden of the Forest together with the Foresters and Regarders may go thether to suruey the same Assisa Forestae H. 2. and to make the regard of the same as it doth appeare by the Assises of the Forest where he doth say Quod omnes illi qui habent boscos infra metas Forestae ponant idoneos Forestarios in boscis eorum de quibus c. Whereby it appeareth that the Foresters of the King may lawfully suruey all other Foresters And so it is of the Regarders of the King for they shall suruey all other Regarders being within the boundes and limits of the Kings Forest although that there be some particulars or officers for that place vide Treherne in his reading fo 17 And note that no man may haue Regarders for any Forest but the King only except it be by the especiall graunt of the King Neither may any man take vpon him the office of a Regarder of the Kings forest but he that hath lawfull title to the same Now it is necessarie to see what is the office and duetie of a Regarder The office of a Regarder and how he ought to behaue himselfe in the execution of his office and therefore it is to be noted that the wordes of the Statute are further Eant per Forestam ad faciendum regardum c. And also it appeareth by the assises of the Forest that the regard of the Forest ought to be made by the Regarders Foresters and Woodwards where he doth saie Milites Assisa Forestae H. 2. Forestarij et woodwardi debent intente inquirere in Itinere suo quis habuerit a liquod ingenium ad malefaciendum domino regi in feris suis And such Knightes or Regarders were ordained at the first to controll the other officers of the Forest as is aforesaide Also the Regardors of the Forest shall sée and inquire if any Surcharge of the Forest be made by the Foresters of the Forest and they shall assigne and appoynt so many foresters in the Forest as they shall thinke méete and conuenient to kéepe the Forest Also the Regarders must goe thorow the whole Forest euery third yeare to make their Regard and to sée and inquire of all the offences of the Forest in Vert or Venison of all concealmentes of such offences by any officer of the Forest which Regard or going through the Forest in auncient time was called
Visitationemorum Also the Regarders shall goe thorow all the Forest with the foresters and Woodwardes to surueie all the assarâ—s wastes and purprestures of the Forest and al other defaultes that haue béene made and aswell those that be auncient assarts wastes or purprestures as those that haue béene made since the last Regard and estéeme them by the number of acars And also to inquire who hath made any such assartes wastes or Purprestures or any other such defaults and who doth holde the lande where any such trespasses of the Forest were made or done And if such land be soweâ— with corne then whose corne the same is and howe often the same hath beene sowen so with corne since that any such assartes wast or purprestute hath beene made in the same And also how much the same is woorth to be solde And in whose fee the same is And to what towne the same doth belong And the said Regarders shall write the auncient assarts wastes and purprestures and such other defaults in a roll by themselues And all such as haue beene newly made since the last regarde of the Forest was made they shall write them in another roll by themselues And if the Foresters wil not goe with the saide Regardors nor leade them to the same place where such defaultes are then the Regarders may goe thether themselues and there vew inquire of such defaultes and all other that they can learne of Also the Regarders of the Forest shall suruey all the old purprestures and new that haue beene made within the Forest and valewe them seuerally by themselues and to set downe the same in the rolls of the Forest And in what place the same purpresture is so made wheresoeuer it be As in Woodes Playnes Heathes Waters or in land Stangues Hedges or Ditches or in any other place of the Forest And all such defaultes shall be written in a roll by themselues Also the said Regarders of the Forest shal suruey all the woods of the Forest that are wasted aswell those that are auncient as those that are newe which haue beene made since the Seconde yeare of King Edward the first Also the Regarders of the Kings Forest shall see and vewe all the Kinges demeasne landes and Woodes And also al maner of Trees that haue beene felled or cut downe within any of the Kinges demeasne landes or Woodes as the felling of Okes or any other great â—niber since the last Regarde And vpon such inquâ—â—e and vew thereof made they shal certifie the number of such Trees the damage and hurte that the same is to the kings woods or landes And in like manner they shall do of all manner of lopping of Trées and destruction of any vnderwoodes Also the Regarders shall suruey and vewe all the Kinges demesne hedges for the fencing in of his landes and woodes And whether they be made or maintained and kept as they ought to be or not and if that they be not so maintained and kept then in whose default the same is that they be not so kept as they ought to be and what damage to the king the same is that the same is not fenced and whether by reason that the same land or woode is not fenced as it should be the same be suffered to lye open and made common yea or not Also the Regarders of the Kinges Forest shall see and suruey al the Eyries of haukes in whatsoeuer woodes they be and who doth take them and who ought by the lawe to haue them And they shall thereof make certificat accordingly Also the Regarders of the Kings Forest shall suruey and see all the Forges and Mynes for the finding of any kind of metall in what fee soeuer they be within the Forest or within the Kinges demesne woodes or landes being within the Forest or without And what rentes and customes they paie for the same and to whome Also they shall see and vew all portes and creekes of the Sea where any Shippes or Boates doe or may aryue to cary any Timber Wood or vnderwoodes out of the Forest and who doth occupie then And by whome they are brought thether And in whose fee the same is done Also the Regarders of the Forest shal inquire who hath or doth keepe any Bowe and Arrowes in their houses or Crosbowes Gunnes Houndes or braches or any other ingins to hunte or to destroy the Kinges wild beastes and game of the Forest with all And when the Regarders of the Forest haue made suruey vewe and inquiry of all such matters as by their othe and office they ought to doe as is aforesaide they shall write the same faire in a roll bring it to the Court of Swanimote or to the Courte of Attachementes where all the officers of the Forest ought to assemble themselues together euerie fortie dayes And all such matters as are so found by the Regarders in their raunge thorow the forest the same shall be there affirmed by the saide Regarders by their handes and seales which Regardors shall also present the same vnder their handes and seales vnto the Lorde Iustice in Eyer of the forest at the next generall Eyre or Sessions of the forest The Eyre generall Sessions of the forest or Iustice Seate is to be holden and kept euery third yeare and of necessitie before that any such Sessions or Iustice Seate can be holden the Regardors of the forest must make their regard And this making of the regard must be done by the Kings writ as it doth appeare by the writ aforesaid Whereby it is to be noted that the Foresters and Regarders cannot make the regard of the forest of their own authoritie without the Kinges writ for the same purpose The wordes of the Statute are Regardatores nostri eant per Forestam That is to saie the Kinges Regargers must goe thorow the whole forest of the King Whereby it is especially to be noted that the Regarders may not doe or certifie any thing concerning their office but that they must first vew the same for that cause the wordes are eant per Forestam that is that they must raunge ouer all the forest through euerie bailiwike of the same to sée inquire of the trespasses and offences of the forest The words of the Statute are further Ad faciendum Regardum Here in these wordes is most playnely shewed the cause why the saide Regarders must goe through the forest of the King which is ad faciendum Regardum to make their Regard for in these wordes ad facieÌ„dum regardum is comprehended the whole office of a Regarder which doth concist in these foure things that is to saie Ad videndum Ad inquirendum Ad imbreuiandum Ad certificandum 1 And now as concerning the first of them which is ad Videndum to see the offences and trespasses of the Forest and to see what officers of the Forest haue executed and done their office as they ought to doe It is to
not a Freeman then he shal be imprisoned but if he be a bondman then he shal lose his life 26 My Bishops Abbottes and Barons shall not be accused for hunting if they do not kill wild beastes that be Roial beastes but if they doe kill Roiall beastes of the Forest then they shall depend vpon the King for his determination of that matter without any certaine fine 27 Besides the wilde beastes of the Forest there are other wilde beastes which so long as they are remaining within the bandes and limittes of the Forest they are subiect to the punishment of the Lawes of the Forest such are wild Gotes Hares and Conies And there are also diuers other wilde beastes which although they do liue and remaine within the bounds and limits of the Forest are subiect to the charge burthen of the Regarders of the Forest yet they cannot be accounted or takē to be of the Forest such are wilde Horses Bugalls wilde Kine and such like Foxes and Wolfes are not accounted beastes of the Forest nor of Venerie and therefore the killing of them is not subiect to any recōpence for the same yet notwithstanding if they be killed within the boundes of the Forest it is a breach of the Kings Roiall free chase and for that cause the offendor must make a recompence but a wilde Beare although he be of the Forest yet he is not accustomed to be accounted a beast of Venerie 28 No man shal laie his hande to our great Wood or vnderwood within our demeanes without licence of our verderors or cheefemen of the Forest the which if any man shall doe the contrarie he shal be gilty of the breach of the Kinges Roial frée chase 29 But if any man shall cut downe a Holly Trée within the Forest or any other Tree which doth beare frute or foode for the wilde beastes of the Forest he shall paie vnto the King twentie shillings for amendes or recompence ouer and besides the breach of the Kinges Roial free chase 30 I will that euery freeman may take Vert and Venison at his owne pleasure vpon his owne ground in his owne Plaines or Fildes being without my free chase but euery man must refraine from my Venery wheresoeuer I will haue the same 31 None of the meane men shall haue or keepe any Doggs which Englishmen doe call Grey-hounds but it is Lawfull for a freeman to haue and keepe Grey-hounds when they are hoxed that is to say that they shall haue their knees cut before a Verderor of the Forest And it is Lawfull for freemen to keepe Grey-hounds without cutting of their knees when they doe dwell without the Forest and from the bounds of the Forest ten miles distant but when they doe come nearer to the Forest then ten miles they must paie a recompence vnto the King for euery mile a shilling But when those Grey-hounds be founde within the bounds of the Forest the owner of the Dogg shall forfeit both the same Dogg and also ten shillings to the King 32 But it shal be lawful for euery bodie to keepe little Dogs called Velters that is to saie little houndes which Englishmen doe cal Langeran without cutting of their knees because it doth manifestly appeare that there is no danger of them and the same is of little dogges called Spanels which Englishmen doe call Ramhundt but this is ment of those that are so little that they may sit in a mans lapp 33 If that such doggs by misfortune doe become madd or wilde and do runne about euery where by the negligence of their maister and doe become vnlawfull then the owner of the same doggs shall paie a recompence to the King for their vnlawfulnes If that they be founde within the boundes of the Forest such a maister must be sought out and he must paie a recompence to the King for the same according to the valewe of a meane man which according to the auncient Lawe is ten poundes 34 If a greedy rauening dogg shall bite a wild beast then the owner of the same dogg shall yeeld a recompence to the King for the same according to the valew of a freeman which is twelue times a hundred shillings If a Roial beast shall be bitten then the owner of the dogg shal be gilty of the greatest offence And note that in the aforesaide Canon the Eleuenth there is mention made of Purgatio ignis which manner of triall by Fier I thinke is very darke to many that almost haue neuer heard of it for that it is nowe long since the same was in any great vse in this Land of England and yet it doth séeme by diuers Auncient writers Holanshed in his description of Britaine fol. 98. that in times past it was a commen vsage to trye men whether they were gilty of any offence or not by the Ordalian Lawes as it doth appeare by Holanshed his Chronacle in the description of Brittaine Fo 98. in a side Columb the first in fine ibidem where it is written thus as it followeth THE Ordalian Lawe saith the aforesaid Author was a certaine manner of Purgation vsed two wayes Vide Grafton pag. 180 That Emma the mother of King Edward the Confessor was accused of the death of her sonne for which shee was adiudged by Robert Byshop of Caunterburie to her tryall by the Ordalyan Lawes and so shee was ledd blyndfold between two men to passe ouer 9. Plough-shares which were glowing redd hote and as Chronicles do report shee did passe ouer them barefooted without hurt before shee thought shee had beene come to them Whereof the one was by Fier the other by Water In the Execution of that which was done by Fier the partie accused should goe a certaine number of paces with an hote peece of Iron in his hande or els bare footed vppon certaine Plough-shares redd here according to the manner This Iron was some time of one pound weight and then was it called Single ordalium some times of three and then was it named Treble ordalium And whosoeuer did beare or tread on the same without hurt of his bodie he was adiudged giltlesse otherwise if his skinne were scorched he was forthwith condemned as guilty of the trespasse wherof he was accused There were in like sort two kindes of triall by the Water Note that these Lawes were long before the Conquest and did continue vntil the time of King Iohn and then he did banish them as Polidor Virgil Holanshed Supplimentum Cronicorum do witnesse that is to say either by hott or cold and in this triall the party thought culpable was either tombled into some Pond or huge vessell of cold water wherein if he continued for a season without wrestling or strugling for life he was foorthwith aquited as giltlesse of the fact whereof he was accused but if he began to plunge and labour once for breath immediatly vpon his falling into that liquor he was by and by condemned as guilty
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
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
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
wordes Regardatores nostri eant per Forestam It is ordained and appoynted that the Regarders shall goe through out all the Forest and then afterwardes in these wordes Ad faciendum Regardum It is shewed and declared to what end or for what cause they ought to goe through the Forest which is to make the regarde of the Forest And afterwardes the letter is further Sicut fieri consueuit tempore primae Coronationis Regis H. aui nostri non aliter In which wordes it is playnly set downe and declared vnto vs how and in what manner the Regarders shall make their regarde of the Forest which is according to the assises and customes of the Forest vsed in the time of King Henry the Second so that this braunch of the saide Statute doth not hereby ordayne or appoynt any new thing that was not before But this braunch is made for an affirmation of the lawe and vsage of the Forest that was vsed in the time of King H. 2. Now therefore it is necessarie here in this place to shew how and in what manner the lawe and vsage of the Forest was at that time vsed in making of the regarde of the Forest For the declaration whereof it is to be vnderstood that the inquitie and presentment of all the Articles aforesaid which are to be inquired of by the Regarders of the Forest the same shall be enquired of as they were wont to be enquired of at the time of the Coronation of King H 2. and that is euery third yeare as it doth appeare in the Assises of King H. 2. and then the same regarde is to be made but onely within the bounds of the Forest Assisa Forestae H. 2. C. 10. 17. for the saide Regarders ought not to enquire nor to present any thing that is made or done out of the boundes of the Forest nor yet out of the precinct of the regarde within the forest as it doth appeare in the same Assises of H. 2. Cap. 10. and 17. For it is there written that those that haue Woodes out of the regarde of the Forest where the wilde beastes of the King haue their haunt peace or rest Or any other man that hath landes or Woodes within the Forest and hath also this Priuiledge that those landes and woodes shal be out of the regarde of the Forest and that the same shall not be impeched for any cause yet in that case he or they that haue such a Priuiledge ought to haue a woodwarde there to keepe his woodes which woodwarde must also be sworne to the assises of the Forest that is Assisa Forestae H. 2 Vide Master Hesket fo 26. for the preseruation of Vert and Venison as it doth appeare by the same assises of H. 2. And if the Regarders doe enquire or make any presentment of any thing that is done in any such place Priuileged as is aforesaide then that presentment may be auoyded by the plee of the partie by pleading of that matter For the partie shall neuer bee punished vpon such a presentment if the verie trueth of the matter doe appeare of recorde vnto the high Court of the Lord Iustice in Eyre of the Forest And the same lawe is also if the Regarders of the Forest will make presentment of any Article that is not specified in dictis capitulis de regardo fiendo which is alwaies sent to the Shirife together with the writ when the regarde is to be made as aforesaide as if they do present that Iohn Astyle hath agisted his woodes or his demeasne landes before that the demeasne hedgrowes of the King within the Forest be agysted or that he hath taken any pannage contrarie to the assises of the Forest then that presentment is voyd without any plee if that it doe appeare vnto the Court by matter of record comprised within the same presentment that the thing of the which they haue made their presentmēt is not any matter whereof they had charge giuen them to enquire of or to present And if the regard of the Forest be made by the Regarders that are elected by writ and yet they haue not any writ to make their regarde when they do make the same but they doe make their regard of the Forest of themselues voluntarily Presentment per le Regard sans authoritie est void within the tyme of thrée yeares that is to saie euerie yeare that regard and also the presentmentes made by the same regarde against any person are also voide and the partie against whom any such presentment is made may discharge himselfe of that presentment by plee But such a presentment and inquirie made by the Regarders which were once elected and chosen although that they doe make their regarde euerie fourth yeare or euerie fifth yeare it is good sufficient in lawe and the same shall binde the partie to the punishment notwithstanding that euerie such presentment and regarde by them made was not by a commaundement directed to the Shirife as aforesaide For when the Regarders are once elected by writt and Sworne then they may hold their regard according to the assises of the Forest that is to saie euerie third yeare ex officio without any new writ precept or comaundement But if any of them be dead so that there are not the whole number of 12. Regarders lyuing then they ought to haue a writ as is aforesaid to chuse newe Regarders in their places to make vpp the full number of 12. Regarders againe before that they can make their regarde of the Forest And so in like manner it is if the King by his letters patens doe make one or more Regardors to fill vp the number of 12. Regarders againe they cannot ex officio make the regarde of the Forest without such a writ vt supra Les Regarders ne point faire lour regard del Forest si non que ils soint Iure directed to the Sherife for the Sherife by the authoritie of that write must sweare the Regarders as is aforesaide and they cannot by the lawe make the regarde of the Forest before that they be sworne for if they doe then their proceding therein is voyde quod nota The letter is further in the 6. branch of the said Statute as foloweth vz Inquisitio vel visus expeditatione canum existentium in Foresta nostra de cetero fiat quando fieri debet regardum scilicet de tercio anno in tertium annum Carta de Foresta cap. 6. By which words of the said Statute there are two things especially to be noted First that the regard of the Forest ought to be made euery thirde yeare Secondly the time when all the Dogges in the Forest ought to be viewed whether that they be expeditated or not and then all the Dogges that are found to be vnexpeditated they must be expedicated according to this law And this is also to be done euery thirde yeare when the Regarders do make their regard
of that letter and then they shal be amerced for the same by the Iustices of the Forest at their discretion Hesket fo 28. according to their dignitie and estate And it is to be noted vpon that word Det that the said amercement of three shillings shal be leuied by distresse presently before the comming of the Iustices of the Forest For in this case the same is like to the amercement of a Leete as it doth appeare by the rolles presentmentes of the Regarders in diuers Forestes And so you may see that this Article for the inquisition and view of expeditating of doggs doth differ from euerie other Article of the regarde For the Regarders themselues may cesse the fine concerning this Article And the same fine shal be leuied presently by the Foresters of the Forest So that now you may perceiue by the verie construction of the letter of the Statute aforesaide that the meaning of these words Et ille cuius canis inuentus fuerit tunc nō expeditatus det pro misericordia tres solidos is as much as to saie that hee whose dogg is founde by the inquisition view of the Regarders and by their certificat presented to be vnexpeditated he shal pay 3. s. for a fyne for his dogg and yet neuerthelesse he must haue his dogg expeditated if he will keepe his dogg within the Forest Now the words are further Et de cetero nullus bos capiatur pro expeditatione canum By these words it doth appeare that before the making of this Charter of the Liberties of the Forest it was then an vsuall thing that for euery default or offence of the Forest the Foresters would distraine his Oxe which often times was of a great price And sometimes also the same was done of malice and euill will to vexe and trouble the offenders without any iust or lawfull cause And therefore this Article of the saide Charter hath greatly mittigated that great amercement vexation and hath here set downe a reasonable amercement that is to say thrée shillings and doth now prohibit that from hencefoorth no Oxe shal be taken for the expeditating of any Dogges Then the wordes are further as followeth Talis autem expeditio fiat per Assisam communiter vsitatum videlicet quod tres ortelli abscindantur sine pellota de pede anteriori In these words here is set downe and declared what manner of expeditating of Dogges hath beene vsed heretofore by the auncient Assises of the Forest which is that the three clawes of the forefoote on the right side shal be cut off by the Skinne And also here is further added to it a confirmation that is to saye that the same manner of expeditating of Dogges shall be still vsed kept and no other manner of expeditating of Dogges The words are further Nec expeditentur Canes de cetero nisi in locis vbi consueuerunt Expeditari tempore primae Coronationis praedicti Regis Henrici aui nostri Assisa Forestae H. 2. The declaration of the meaning of this branch of the Statute doth appeare in the Assises of the Forest of King H. 2. Cap. 11. in which Assises it is declared that hameling or expeditating of Dogges shall be made Vbicunque ferae Regis pacem habent vel habere consueuerunt that is to saye the expeditating of Dogges shal be made wheresoeuer the wilde beastes of the King haue a place of firme peace or haue vsed to haue a place of firme peace Maister Hesket in his reading of the Lawes of the Forest Maister Hesket fo 28. saith that if the King do afforest certain land after the saide Coronation where the wilde beastes of the King now haue their peace and rest there shal be hameling or expeditating of Dogges and yet such hameling of Dogges was not vsed there at the time of the said Coronation The same lawe is if a man haue lycence to inclose his lande where the wilde beastes of the King onely at the tyme of the Coronation vse to haue their haunte and rest and he doth inclose the same land with stone walles Expeditating of Doggs so that the wilde beastes cannot haue their haunt there by reason whereof they do chaunge their haunt and rest and doe resort to some other place whereas they did not vse at the time of the Coronation yet there shall be hameling of dogs Notwithstanding the words of the Statut are as aforesaid And the like lawe is of the contrarie parte For if the place where the wilde beastes haue had their haunte and rest at the tyme of the saide Coronation And where at that time there were hamelyng and expeditating of Doggs vsed Hameling of Doggs If afterwardes the same place be disaforested then after such disaforesting of the same ther shall not be expeditating of doggs any more vsed notwithstanding that expeditating of doggs was vsed there at the tyme of the saide Coronation So it is also if such haunte and rest of wild beastes and expeditating of doggs were vsed at the tyme of the saide Coronation by vsage by matter in fait in the countrey Expeditating by matter in Fait and not by matter of recorde as by presentment or by amercement for such offences there if the haunte and rest of the wilde beastes be chaunged from thence to another place then at this day there shall not be any hameling of doggs in that place where in deede the same was vsed at the tyme of the saide Coronation for that that no vsage was of that there after the tyme of memorie and the vsage before is but matter in fait which cannot be tryed nor lye in notice or vse now at this daie The same law is if the king do graunt to Iohn Astile a francke Chase through out all his landes within the Forest of the King and within those landes the wilde beastes haue vsed to haue their haunt and rest vpon that lande and before that graunt made there was alwaies halmeling of doggs vsed Yet now in this place the doggs of Iohn Astyle the grauntée of the king shall not be hameled although the contrarie were vsed at the time of the Coronation The same lawe shal be where the king doth graunte lycence to Iohn Astyle to make a Parke to imparke certaine of his lands within the Forest and he shall haue the Priuiledge of a Parke and Saltarie there and he doth make the same Parke and Saltarie according to his graunt in which place before that tyme expeditating or hameling of doggs was vsed vt supra there his doggs within the Parke shall not be hameled but in neither of these two last cases the doggs of any other person be it his Seruant or other straunger they ought to be hameled within that Parke or Close And this much concerning hameling of doggs It may peraduenture here be demaunded what doggs shall be expeditated by this Statut. And what doggs a man may lawfully keepe within the Forest And to this
shall be kept within this our Realm but thrice in the yere First the xv daie before Michaelmas when that our Agystors of our Woods do came together to take agistment in our demeasne Woodes And about the feast of Saint Martin in Winter 1. How often the Swanimot shal be holden in a yeare 2. At what daies in the yeare they shal be holden 3 What officers shal be there 4 At what place the same shal be kept when that our Agistors shal receaiue our pawnage and to these two Swanimotes shall come our Foresters Verderors Agistors and none other by distresse The third Swanimote shal be kept in the beginning of 15. daies before the feast of Saint Iohn the Baptist when that our Agistors do meete togeether to hunte our Deare And at this Swanimote shall meete our Foresters Verderors and none other by distresse Yet neuerthelesse it is to be vnderstood that as the lawe is nowe at this daie all the officers of the Forest ought to appeare at euery Swanimote as the Verderors Regardors Agistors Woodwardes and all other persons within the compasse of the Forest which are free holders and also de qualibet villa et villata quatuor homines et propositus that is to saie of euery Towne and Village within the forest the foure men and the Reue for although that this Statute of Carta de Foresta were made in the negatiue of the Law and vsage that was before the time of the making of the same prohibiting thereby that no other person but onely those before recyted shal be compelled to come to the said Courtes of Swanimote by distresse yet that lawe is nowe alterrd by a later Statute made in Anno 34. Edwardi primi called Ordinatio Forestae Vide le briefe de Sommons hic anre pag. 155 Vide Assisa Forestae art 7. And also by a Statute made in Anno 1. Edward 3. Caput 8. For the wordes of the Statute of 34. of Edward 1. are these vz First we haue decreed for vs and our Heires that of trespasses hereafter to be done in our forestes of gréene hugh of hunting The foresters within whose bailiwikes such trespasses shall happen to be committed shall present the same at their next Swanimote before the Foresters Verderors Regardors An. 1. E. 3 c. 8. Hicante Pag. 41. nota ibideÌ„ 24 Agistors and other ministers of the same forest And vpon such presentments there before the Foresters Verderors and all other ministers aforesaid by the othe aswel of Knights as of other honest and lawfull men of the nearest parts where the trespasse so presented shal be done not suspected by whome the truth of the matter may be fully inquired of and the trueth so inquired of the presentments shal be solemply affirmed and sealed with their Seales by the common agreement and assent of all the ministers aforesaide And if the indictment bee made in any other manner the same shall be vtterly voide So that now it doth appeare by this later statut that the foresters Verderors Regardors Agistors and all other ministers of the forest And also the freeholders and other honest and lawful men of the forest must of necessitie appeare at the Courtes of Swanimote according to this latter Statute for otherwise the endictmentes that are there made against trespassers of the forest are voide for all the officers of the forest must affirme the same endictment and the partie endicted must be indicted before all the officers of the forest Then Ergo all the officers of the forest must of necessiâ—ie by this Statute come to the Swanimote Courte And there also must be at the Courte of Swanimote the freeholders of the forest and other good and lawfull men for to make enquestes iuries there for the presentments there by the words of the Statute aforesaide must be made per sacramentum tam militum quam alioruÌ„ proboruÌ„ et legaliuÌ„ hominum de partibus vicinoribus vbi c. Then Ergo there must be fréeholders other honest men of necessitie notwithstanding the wordes of the saide Statute of Carta de Foresta aforesaide and therefore although that the same Statute doth speake but of thrée sortes of officers that is to saie of foresters Verderors and Regardors that are compellable to come to the Court of Swanimot by distresse And also saith further Et nulli alij per districtionem Yet notwithstanding the Regardors Woodwardes and all other officers of the forest And also all the free-holders within the forest and the foure men and the Reue of euery Village within the forest must come to the saide Courtes of Swanimote and giue their attendance there for if any of them do make default at any Court of Swanimote that is holden within the forest euery such defaulter shal be amerced for the same default the same amercemeÌ„t shal be estreighted out of the chiefe Warden of the Forest to leuy the same by distresse and so by this meanes euery person that ought to giue any attendance at the Courts of Swanimote shal be compelled to come to the said Courtes of Swanimote by distresse notwithstanding the letter of the Statute aforesaid The letter is et nulli alij per districtionem NOwe it is to be séene what is ment by this word per districtionem And for that it is to be vnderstood that if any of the officers of the Forest or others which ought to giue any attendance at the saide Courtes of Swanimote and they will not come to the same but doe make default there then that default there shal be enrolled in the rolles of the saide Court of Swanimote and vpon that inrollment the Verderors and the Stewarde of the Swanimote or his Clarke or deputie there by the Othe of the other officers of the same Courte those which doe make default shal be amerced and that a mercement there shall be assessed also and estrayted presently to the chiefe Warden of the forest or to his deputie or to the Bedel of the Forest which is an officer to goe throughout all the Forest What is ment by this worde distresse lyke vnto the Shirifes speciall baylife to be leuied by distresse But in this case the Verderors may chuse if they will whether that they will so estreat the saide amercementes vpon the defaulters presently by distresse as is aforesaid or else to certifie those defaultes in their rolles before the Iustices of the Forest then the Iustices of the Forest will cause writes to be made out to the chief Warden of the Forest or to the Shirife of the Shire where such defaulters doe dwell to leui those said amercements by distresse or else the Verderors if they will may certifie those defaultes into the Court of Exchequer before the Barons of the said Court of Exchequer and then therevpon the Barons of the Exchequer will cause proces to be made out to the Shirife of the Shire to leuy the saide amercementes by distresse And there