breach of the kings frée chase and therefore you shall do vs to weet 34 Item if there are any manner of rentes or seruices wax or hony due to the king or any of his officers of this Forest that are now behind or withdrawen by whome how long what it is what dammage it is to the King You shall also do vs to wite 35 Item if there be any man that dwelleth about the borders of the Forest which keepeth any strange Greyhound and wayteth when the Kings Deare are out of the Forest and foresetteth the same Deare so that they may not returne home againe and so by that meanes are slayne or hurt ye shal present who he is and who oweth the Greyhoundes that he may be punished for the same accordingly 36 Item if there be any person within the iurisdiction of this Court that keepeth any hounds or Greyhoundes that may not dispend xl s. by the yeare of freehold ouer and aboue all charges according to the Statute which hunteth in the Purleuy as of his owne authoritie you shall present his name the tyme and what dammage he did to the King in diminishing the game at such hunting 37 Item if any Purrely hunter Puraley hunt oftener than thryse in a wéeke or before the Sunne rysing or after the Sunne setting or with other than his owne menyall seruaunts The defence moneth is xv dayes before Midsummer and xv after Puraley or otherwise on Sundayes or in the fence Moneth which is the time of Fawuing and that is accounted xv dayes before Midsommer and xv dayes after Midsommer 38 Item if any Purluy hunter at any time forestall the kings Deare whether it be with dead Hay or with quicke for they ought to let runne at the tayle of the Deare otherwise it is finable as if he did hunt in the forest 39 Item Puraley if any person haue made any Coppies or closure of Purluy in estrayteng of the kings Deere from the Forest to the hurte of the owners or do pinne the beasts of any commoner out of the shire and not put them in open pounde in the Country whether it be in Pawnage time or not you shall do vs to wéete 40 Item if any man gather any Acornes or Crabbes in the Forest and do make sale of them at marketes or else where to the hurte of the commoners and the kings beastes of the Forest ye shall doe vs to weete 41 Item if any man haue stopped or strayted any Church-way Puraley mylle-way or other waies in the Forest or Purleu to the common nusance of the kinges free people and to the hurt of his Deere you shall doe vs to weete thereof 42 Item if any man haue any Milles within the forest which are not repaired as they ought to be you shall do vs to weete Puraley 43 Item you shall present all the Waifes and Straies which hath bene and happened since the last Courte within the forest 44 Item if any man take any agistment in the forest or purleu to the hurt of the kings Deare and the Commoners there you shall do vs to weete 45 Item if there be any man that doth surcharge the common with any manner of Cattell or otherwise more then the law doth suffer acording to the quantitie of his tenure or graunt you shal do vs to wete and of these and al other that you do know to be any offence either in Vert or Venison or against the Lawes of the forest you shall inquire thereof and present the same And there are also many other things to be inquired of which cannot be done without inquest which must be by the suters to the courte and when they are there presented they shal be sealed with the seales of the ministers aforesaid and sent before the Iustices of the forest to the Sessiones And if the presentments be not certified in this order they are void as is aforesaid And thus endeth the Charge The high Court of the Lord chiefe Iustice in Eyre of the Forestes commonly called the Iustice Seat of the Forest FOr as much as the Court of Attachements called the fourtie day Court or Wood-mote and also the Court of Swanimote haue alreadie béene spoken of briefely and also the procéeding in those two Courts against such as are offenders in the Forest in Vert or Venison And for that it appeareth that by the Lawes of the Forest all the procéedings of those Courts for the greatest offences done in the Forest are as nothing vntill such time as they are presented to the Lord Iustice in Eyre of the Forest at the Iustice Seate because that although the offences and trespasses of offenders be presented in the said Court of Attachements And that afterwardes vpon the same presentments the offenders be indicted at the Court of Swanimote according to the Statute of An. 1. E. 3. cap. 8. and according to the Statute called Ordinatio forestae Yet cannot either of the saide Courts of Attachements or Swanimote giue any iudgement of those offences or assesse any fines for the same for that doth appertaine onely vnto the Lord Iustice in Eyre of the Forest to doe at his will and pleasure at the said Court of Iustices Seate And therefore all those Rolles of all such offences as haue passed the court of Swanimote and the Court of Attachements are to be sealed vp with the Seales of the said Verderors and they are to keepe the same Rolles vntill the Iustice Seate and then they are to present the same vnto the Lorde Iustice in Eyre of the Forest And if the said Verderors do not there appeare to bring in their Rolles the first day of the same Iustice Seate then there shall foorthwith go out a write to the Shirife to sease the lands of the said Verderors into the Kings hands vntil such time as they shal come before the Lord Iustice in Eyre and bring in their Rolles as it shall appeare hereafter by sundrie auncient Presidents of the Assises of the Forest And it is to be noted that before the lorde Iustice in Eyre of the Forest do keepe this high Court of Iustice Seate when he hath receiued the Kings Commission for that purpose then the Lord Iustice in Eyre doeth make out his warrant or precept to the Shirife of the same Shire within the which the Forest is where the Iustice Seate shal be holden The Tenor of which write shal be shewed hereafter thereby commaunding the same Shirife to sommon by sufficient sommons all the Archbishops Bishops Earles Barons and Knights and their free tenants which haue any lands or tenements within the bounds of the Forest of our Soueraigne Lorde the King called the Forest of Windsor and also of euery towne and village within the bounds of the same Forest to sommon foure men and the Reue and also to sommon of euery ancient Borough within the bounds of the same Forest xii good and lawful men and also all other free
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
their subiectes that the greatest part of this Realme was then become Forest And because the mischiefes inconueniences and burthens that were then layde vpon the Comminaltie of this Realme were verie great and heauie by the meanes of the Lawes of the Forest therefore the said Charter of the Liberties of the Forest hath now moderated the extremenesse of those Lawes in a more mylder order as you may perceiue by the same For he that doth attentiuely read and examine the whole Charter of the Forest and euery Article therein may thereby partly perceiue how harde and sharpe the lawes of the Forest were in tymes past before the graunting of the same Charter And also what inconueniences the inhabitants in Forestes did then indure suffer by reason of the Forest lawes all which are now prouided for and in a measurable maner remedied as you may perceiue by the examination of euery Article of the said Charter And whereas the same Charter did allow or suffer any thing that hath since that time beene thought to be ouer harde or sharpe the same hath since againe beene moderated as you may here perceiue by those Statutes that haue beene made since that time So gracious and mercifull haue the Noble Princes of this Realme beene towardes their louing Subiectes So that now at this day although that the lawes of the Forest are of themselues verie mylde gentle mercifull lawes towards the Subiects of this Realme ouer that they haue beene in times past Yet notwithstanding we do at this present liue vnder the gouernement of so gratious and mercifull a Queene that her clemencie in the execution of those lawes is much more greater than the fauour clemencie of the Lawes themselues VVhose long life prosperous raigne and most happie dayes GOD of his mercifull goodnes grant long to continue to the great comfort of all good Christian Subiectes Amen Carta de Foresta of king Canutus a Dane and a King of this Realme graunted at a Parliament holden at Winchester in the yeare of our Lord 1016. as followeth Incipiunt constitutiones Canuti Regis de Foresta HAE sunt sanctiones de Forresta quas ego Canutus Rex cum consilio primariorum hominum meorum Condo facio vt cunctis regni nostri Angliae Ecclesijs pax Iustitia fiat vt omnis delinquens secundum modum delicti delinquentis fortunam patiatur 1 Sint iam deinceps quatuor ex liberalioribus hominibus qui habent saluas suas debitas consuetudines Quos Angli Paegened appellant in qualibet regni mei prouincia constituti Pegened These foure chiefe men are those that now are called the Verderâ—rs For they are foure cheefe men of the Forest as they weâ—e then and they do execute the same place and they haue the same aucthoritie in most things that these cheefe men had then ad Iustitiam distribuendam vna cum pena merita materijs Forrestae cuncto populo meo tam Anglis quam Danis per totum regnum meum Angliae quos quatuor primarios Forrestae appellandos Censemus 2 Sint sub quolibet horum Lespegend These seeme to be these men that now are called the Regarders for they haue the same office authoritie that they had Ealdermen quatuor ex mediocribus hominibus quos Angli Lespegend nuncupant Dani vero yong men vocant locati qui curam et onus tum viridis tum veneris suscipiant 3 In administranda autem Iusticia nullatenus volo vt tales se intromittant mediocresque tales post ferarum curam susceptam pro liberalibus semper habeantur quos Dani Ealdermen appellant 4 Sub horum iterum quolibet sunt duo minutorum hominum quos Tineman Angli dicunt Tine man These are they that now are called Forresters or keepers Here you may note both their Office auctoritie and beginning hi nocturnam curam veneris viridis tum seruilia opera subibunt 5 Si talis minutus seruus fuerit tam cito quam in Forresta nostra locabitur liber esto omnesque hos ex sumptibus nostris manutenebimus Michni Here you may see what allowance a Verderor had by the yeare of the King for his fee. 6 Habeat etiam quilibet primaliorum quolibet Anno de nostra warda quam Michni Angli appellant duos equos vnum cum sella allerum sine sella vnum gladium quinque lanceas vnum Cuspidem vnum scutum et ducentos solidos argenti A Regarders fee by the yeare 7 Mediocrium quilibet vnum equum vnum lanceam vnum scutum et 60 solidos argenti A Forester his fee by the yeare 8 Minutorum quilibet vnam lanceam vnam arcubalistam 15. solidos argenti 9 Sint omnes tam primarij quam mediocres menuti immunes liberi et quieti ab omnibus prouincialibus summonitionibus Hundred Lawe All the officers of the Forestate to be acquited of paying of any tribute or taxe and of all Summons forreine plees et popularibus placitis quae Hundred Laghe Angli dicunt et ab omnibus armorum oneribus quod Warscot Angli dicunt et Forincesis querelis All the officers of the Forest are to be corrected and punished by the Verderors the Forest 10 Sint mediocrium et minutorum causae et earum correctiones tam criminalium quam ciuilium per prouidam sapientiam et rationem primariorum Iudicatae et decise Primariorum vero enormia si quae fuerint ne scelus aliquod remaneat multum nosmet in ita nostra regali puniemus 11 Habeant hi quatuor vnam regalem potestatem salua nobis nostra presentia quaterque in Anno generales forestae demonstrationes et viridis et veneris forisfactiones quas Muchehunt dicunt Muchhunt The Verderors haue regalem potestatem Gang fordel vbi teneant omnes calumniam de materia aliqua tangente Forestam They may procede to a threefold Iudgment Purgatio ignis Triplex ordelia eantque ad triplex Iudicium quod Angli of Gangfordel dicunt Ita auteÌ„ acquiratur illud triplex Iudicium Accipiat secum qumque et sit ipse sextus et sic iurando acquirat triplex Iudicium aut triplex Iuramentum Sed Purgatio ignis nullatenus admittatur nisi vbi nuda veritas nequit aliter in vestigari 12 Liberalis autem homo .i. Pegen Pegen A freeman may haue another to swear for him Forathe modo crimen suum non sit inter mariota habeat fidelem hominem qui possit pro eo iurare iuramentum .i. Forathe si autem non habet ipsemet iuret nec pardonetur ei aliquod iuramentum 13 Si Aduena vel Peregrinus qui de longinquo venerit sit calumpniatus de Foresta How a straunger shall bee delt with all et talis est sua inopia vt non possit habere plegium ad primam calumniam qualem * nullus Anglus iudicare potest tunc
for vs and our heires that of trespasses hereafter to be done in our Forestes of gréene hugh and of hunting the Foresters within whose Bailiwikes such trespasses shall happen to be committed shall present the same at the next Swannimote before the Foresters verderors regardors 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 aswell of knights as of other honest and lawfull men of the néerest partes where the trespas so presented shal be done not suspected by whome the truth of the matter may be fully inquired of and the truth so inquired of the presentments shal be solempnely affirmed and sealed with their seales by the common agréement and assent of all the ministers aforesaide and if the inditement be made otherwise it shall be vtterly voide And if it happen any of the foresaid Foresters regardors or other ministers of the same forests to die or by sicknes or by any other meanes to be hindered by reason whereof he cannot be present to such swanimotes immediatly the Iustice of the Forest or his lieutenant shall put another in his place so that the enditement may be made by all Verderors by election They are called veredictors because they are Iudges do giue iudgement of Forest matters in forme aforesaid and that the officers which are to be placed be placed as hitherto it hath béene accustomed to be done Sauing the Verderors which shal be appointed by election and by our writ And we wil that none of the foresaid ministers hereafter be put in any assises Iuries or inquestes to be taken without the Forest And if any surcharge be found of the Foresters or other which haue to do as ministers of the Forest such surchargers shal be amoued and shal be imprisoned according to the discretion of the Iustice of the Forest or his lieutenant And they also by whome they were placed there shal be punished likewise at our pleasure And at euery Swanimote it shal be inquired of the surcharge of the Foresters and other ministers of the forest and of their oppressions brought vpon our people and they shall make thereof amendes and be punished as is aboue express◠And as concerning those persons which since the time that 〈◊〉 Forest was disaforested haue committed offences in Verte and Venison within the forest to disaforest the same and that sentence of Excommunication was published against the same offendors although the same by our good will should not haue procéeded which sentence the Pope himselfe afterwardes reuoked and which graunts and disaforesting for certeine causes we do reuoke and make voyde For we will that those offendors be pardoned Except those offences which were committed in that part which doth remaine forest still so that the hedges and dyches that were made in the meane time shal be throwen downe remoued and vtterly auoyded Sauing vnto vs our rents which we will haue to remaine according to the assises of the Forest The wood which is cut felled shal be remoued and the wood standing shal remaine in the forest and if by chance any such wood yet standing to be solde it shall remaine in the forest and the seller shall satisfie the buyer according to the quantitie of the portion of the wood standing in the forest and so of wood solde in the meane time and euen as he shall take of the same buyer We will also that the Iustice of our Forest or his lieutenant in the presence of our Treasorer and by his assent haue power to take fines and redemptions of them which are indicted of trespasses committed in the forest before this time not inquired of in the Iustices circuit We will more ouer that they which haue had cōmon of pasture in the forest before perambulation made and they which afterwards were denied in the forest and they which haue bin letten of the said cōmon by the perambulation aforesaid shall haue their cōmon of pasture from henceforth in the forest as largely and fréely as they were wont to haue before the perambulation aforesaid sauing our rētes in forme aforesaid c. Teste c. Westminster xxviii day of May. An. 34. E. 1. 32 That the great Charter of the liberties and the charter of the forest be obserued and kept in euerie article And that the olde perambulations of the forest in time of king Edward graundfather to the king that nowe is be from henceforth holden inlike forme as it was then riden and bounden And thereupon a charter to be made to euerie shire where it was ridden and bounden And in such places where it was not bonden the king will that it shall be bonden by goodmen and lawful and that a Charter be thereupon made as is aforesaid An. 1. E. 3. cap. 1. Stat. 2. 24 Wheras diuers people be disherited raunsomed and vndon by the chief kéepers of the forest on this side Trent beyond and by other ministers against the forme of the statute of the great Charter of the forest and against the declaration made by king Edward sonne of king H. in forme following that is to say We will and graunt for vs and our heirs that for any trespas done in the forest of Vert and Venison That the foresters in whose bailiwike such trespas shal be committed shall present the same trespasses at the next swanimote before the foresters verderors regardors agistors and other ministers of the same forest And that such presentmēt be made before the said foresters verderors regardors agistors and other ministers aforesaid aswell by the othes of knights as by other discréete and lawfull men and not suspicious of the parties ioyning néere where such offences shal be presented and where the truth may best and most cléerely be knowen And the truth perfectly knowen then such presentments by the common assent and consent of al the said ministers shal be solempnely written and with their seales ensealed And if any indictment be in any other manner made the same shall be void And therefore because the chiefe wardens of the forest haue not obserued the same hitherto It is agréed and ordained that from hence forth no man shal be taken nor imprisoned for Vert nor Venison vnles he be taken with the manner or els indicted after the forme before specified Taken with the maner is commonly said to be in foure sortes vz Staple stand Dogg draw Backbeate and Bloudie hand For Venison and for Vert in two sorts vz cutting of it and carrying of it away And then the chiefe Warden of the forest shall let him to mainprise til the Eire of the forest without any thing taking for his deliuerance And if the said Warden wil not so do he shal haue a writ out of the Chaūcery which hath bin in old time ordained for such persons indicted to be at mainprise till the eire And if such Warden after he hath receiued the writ do not
per alios probos et legales homines c. And thus you may see it is in the election of the Iustices whether the ministers with others may bee impanelled qd'nota to enquire if there be any president that the Countrie hath tried any title of claime without the Ministers of the Forest c. Woodwardes may not walke with Bowe and Shaftes Woodwards Pickering f. â—â— but with Forest billes quod nota The Courtes of the Forest FIrst it is to be vnderstood that there be thrée principall and chiefe Courtes vsually kept for matters of the Forest that is to saie the Court of Attachementes the Courte of Swanimote and the highe Courte of the Lord Iustice in Eyre of the Forest commonly called the Iustice seate And these thrée seuerall Courtes are of thrée seueral natures as at large hereafter it shal appeare wherefore to the entent that the saide Courtes may the better be known euerie one in his own proper nature I haue here set them downe placed each one of them in his owne place and degrée as they are together with their seuerall authorities and procedings as you may sée hereafter And because the said court of Attachmentes is the meanest and lowest Court of them all For that that in the said Court of Attachments the officers there do nothing but receiue the Attachments of the Foresters and inroll them in the rolles of the verderors to haue them in a readines against the time of the kéeping of the Court of Swanimote And for that the saide Courte of Attachmentes cannot determine any offence or trespasses of the Forest The Court of Attachmentes first If the value of the same trespasse be aboue the value of iiii pence but that the same offence trespasse if the vaue be more then foure pence must be by the saide Verderors inrolled in their roll so to be sent from thence to the Swanimote to haue an orderly tryall of the same there according to the Lawes of the Forest Therefore I haue placed the same Court first of all because that the greatest part of all the presentmeÌ„ts do first begin there also because that when offences and trespasses of the Forest are presented by the Foresters in the saide Courte of Attachmentes before the verderors of the Forest and that they haue entred them in the rolles and recordes of the Forest then the same Court cannot there procede any further therein neither is that proceding by them as yet any conuiction against the offender in those offences but that he that is such a trespasser may yet trauerse the same presentment that is against him vntill that the same haue passed the Swanimote Court of the Forest so that such trespasses as are presented at the Court of Attachmentes must of necessitie procede from thence to the Court of Swanimote before that the offendors and trespassers may be punished or stand conuicted as guilty in law of theire offences The Court of Swanimote next vnto it Therefore I haue placed the Court of Swanimote next vnto the saide Courte of Attachmentes as a Court that is higher then the Court of Attachmentes and yet more lower or inferior then the high Court of the seate of the Lord Iustice in Eyre of the Forest For when the presentmentes of the Courts of Attachmentes as afore saide and also all other presentmentes of the Swanimote Courte haue had theire procedings in the same Courte according to the assises ordinances of the forest that all the trespasses of the forest are there presentat ' per Forestarios et duodecem Iuratores et conuict ' per viridarios as they must be of necessitie by the law yet cannot the same Court of Swanimote then determine the same trespasses or assesse any fine for any such offence or giue iudgement thereof any other then that the saide offendors are conuicted thereof as is aforesaid But the same presentmentes Indictmentes and conuictions must be deliuered to the Lord chiefe Iustice in Eyre of the Forest at the Iustice seate the first day of the same seate when they are called for according to the ordinance of the Forest made in Anno Tricessimo quarto Edwardi primi orticulo 1. And according to the assises customes of the Forest made in Anno 6. Ordinatio Foresta articulo 1 Assisa consuetudines Forestae artic 19. Charta de Foresta artic 16. Edwardi primi articulo 19. And according to the forme of Carta de Foresta articulo 16. In these words Et ea presentet viridarijs prouinciarum et cum irrotulata fuerint et sub siggillis viridarior ' inclusa presententur capitalibus Iusticiar ' nostris de Foresta cum in partes illas venerint ad tenend'placita de Foresta et coram eis terminentur so that it doth appertaine only vnto the Lord chiefe Iustice in Eyre of the Forest at the high Courte of Iustice seate or generall Sessions of the Forest to giue iudgement of all offences and to assesse the fines and to punishe the offendors And because that all the procedings of the two other Courtes are as nothing before that they doe come to the Iustice seat of the Forest to receiue their Iudgement The seat of the Lord Iustice in oyer of the Forest is the highest Court The Courts of Attachements and Swanimote are but hands to the same Therefore I haue placed that Court last of all as the principall head and the most highest Court of the Forest vnto the which Court the Courtes of Attachmentes and Swanimotes are but as it were two hands to deliuer matters vnto it to receiue Iudgment thereof from thence The Court of Attachements of the Forest IT séemeth that in times past before the making of the great Charter of the Forest the Courtes of Swanimotes were holden and kept more oftener then they be nowe And also oftener then thrée times in the yeare at the will and pleasure of the chiefe officers of the Forest Carta de Foresta cap. 8. and not at any certaine time knowen And therfore the Statuit of Carta de foresta caput 8. in these words Nullum Swanimotum de cetero teneatur in regno nostro nisi ter in Anno doth prohibit that no Swanimote Court shall be holden or kept after that time any oftener then thrice in the yeare And that Statuit doth there set downe farther what officers shal be compelled of necessitie to be there at euerie one of the saide Swanimotes and also at what daies and times of the yeare the same shal be kept In what place the Swanimot shal be kept and in what place viz. predicta autem Swanimota non teneantur nisi in com' in quibus teneri consueuerunt And then last of al after that the same statuit hath so prohibited that the said Court of Swanimot shal not after that time be kept any oftener then thrée times in the yeare as is a fore saide and hath there set down the daies when
Queenes vse shal be of the same nature as a Statute or Recognizancâ— And also the Verderors may take an Obligation of the offender and Pledges with him as the Lawe doth appoint in that case Which Obligation being made vnto the Queenes Maiesties vse shal be as forcible in Lawe by reason of the Statute of Anno. 33. H. 8. cap. 39. as any Recognisance knowledged according to the Statute of the Staple The Court of Swanimote IT is to be vnderstoode that the Court of Swanimote is a Court of the Forest which should be holden three times in the yeare as is aforesaid for to enquire of Vert and Venison other trespasses that are done within the Forest An. 1. E. 3. cap. 8. And there all the trespasses shal be enquired of and presented And that is proued by the Statute made in the first yeare of King Edward the thirde Cap. 8 Where he doth saye Because many people be often times disinherited hindered and vndone by the chiefe Warden of the Forest The officers that shal be at the Swanimot and by other ministers contrarie to the forme of the great Charter of the Forest and contrary to the declaration that King Edward sonne to King Henry in this manner and forme that followeth All other persons ought to appeare at the Swanimote That is to saie Wee will and graunt for vs our heires that of Trespasses done and made in our Forestes for Vert and Venison that the Foresters in whose Bayliwike such trespasses shal be done present the same at the next Swanimote Court before the Foresters Verderors Regarders Agistors other ministers of the same Forest and that vpon such presentments before them by the othes aswell of the Knightes as of otherwise and lawfull men and not suspected of the parties and most neare where such offences or trespasses shall be done and where the truth may be best knowen And such presentments so inquired of shal be presented by the common accord and assent of the ministers aforesaid solemnely ingrossed and sealed with their seales And if any Indictment be made in any other manner it shal be holden from hencefoorth for nought c. So that it is prouided by the said Statute that all the Officers and other sufers ought at this daye to come to the Swanimote That is to saye the free tenants of the Forest ought to come thither for to make an inquest of inquirie before the Stewarde of the same Court. There is also a Statute made in the seuenth yeare of King Richard the second which sayeth that at the greeuous complaint which is now made of the ministers of the Forest It is agreed and accorded It appeareth by this Statute that Freeholders are to be at the Swanimote that no maner of Iurye be from hencefoorth compelled by any minister of the Forest nor other person whatsoeuer to trauell from place to place out of the place where the charg was giuen them against their wil neither by malice threatning nor otherwise by which wordes it is to be noted there must be fréeholders at the Swanimote to be of the inquest or Iuries according as is aforesaid and so all other officers in like manner And furthermore it is to be vnderstood that what soeuer is established by man it is of no continuance vnlesse the same be put in vre with daily supply What soeuer is ordained by wisemen for a law the same by order is to be put in due execution I meane this as touching the Lawes of the Forest For as our forefathers made lawes so they did ordain a Court comoÌ„ly called a Swanimote intending thereby to punish such as committed any offence against the Forest Lawes so that thereby the Lawe which was made might haue continuance And it is to be vnderstood What the word â—wanimote doth signifie that a Swanimot is porperly a Court of freeholders within the Forest for this word Mote in Normandie speach is called properly a Courte as Halimote are the Courtes Baron Folkomote are the Courtes holden in London where in all the Folke and people of the Citye did complaine vpon the Maior the Aldermen for mysgouernement within the Citye Portmote is euer in a Hauen towne Here you may see that from the signification of the worde Swanimote it is a court of freeholders for it is the Courte of the Porte or Hauen And this worde Swaine in the Saxons speech is a Bookeland man which at this day is taken for a Charterar or a fréeholder so the Swanimote is in English a Courte within the Forest wherunto all the fréeholders do owe sute seruice therefore called a Swanimote The chiefe Iudges in this Courte are the Verderors the plées that are here in this Court are called placita Forestae the plees of the forest Also the chiefe Warden of the forest doth somtime vse to sit at this Courâ—e Hesket in his reading fo 34. or his Lieutenant as it doth appeare by Master Hesket in his learned Reading vpon the Statute of Carta de Foresta and yet it should seeme that the chiefe Warden of the forest is no iudiciall officer appoynted to sit there for if he were he could not appoynt his deputy to sit there for him for a iudicial place cannot be executed by a deputie as it doth appeare by diuers presidents cases at the coÌ„mon Law for that cause the Lord cheif Iustice of the forestes being a most especial iudicial place it was enacted by the Statute of 32. The chiefe Warden of the Forest nor his Lieutenant are no Iudiciall officers H 8. Cap. 35. that they might make Deputies to execute their offices in writing vnder their handes and sealed with the Seales of their Offices and not otherwise so that they could not make any such Deputies or Lieutenants to execute their Offices before the making of the same Statute But there is no such authoritie giuen by any Act of ParliameÌ„t to the chief Warden of the Forest to make any Lieutenant to execute his Office And therefore séeing that he doeth and may make a Lieutenant vnder him his place cannot be a iudicial place and also it appereth by the Statute of An. 1. E. 3. caput 8. which doth begin thus Item whereas diuers people bee disinherited raunsomed and vndone by the chiefe Wardens of the Forest on this side Trent The Statute of An. 1. E. 3. ca. 8 and beyond c. And afterwardes it doth followe in these wordes It is agreed and ordained that from hence foorth no man shall be taken or imprisoned for Vert or Venison vnlesse he be taken with the manner or else that he be indicted after the forme before specified and then the chiefe Warden of the forest shall let him to mainprise vntill the Eyre of the forest without any thing taking for his deliuerance A write of Homine Replegiando if the said Warden will not so do he shall haue a
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
holde and enioy their said Bailiwikes And which of them do giue or render to our soueraigne Lady the Queenes Maiestie any yerely ferme or annuitie for their said Bailiwikes And how much they render for the same And who do not And what of right they or any of them ought to haue and take of the saide Forest to pay the saide ferme or Annuitie And by what metes and bondes they do and of right ought to hold their said Bailiwikes And what demesne lands the Quéene hath in euery of the saide Bailiwikes and by what meates and boundes they be inuironned and set about with c. 29 Item you shal enquir if any Forester of fée or any other hath taken any reward of any Forester that he ought to be put deemed taken within the liberty of the Forest after the receipte of such rewarde doth remoue and displace the saide Forester put a newe in his place for a newe reward to the great detriment and hurte of the Forest and griefe of the Countrie 30 If any person or persons within the limittes and bounds of the Forest or without to the hurte or preiudice of the Forest haue newly inclosed his seueral grounde Woods or Warren or hath afforested any Wood of his owne without warrant of the Queenes Maiestie you shall do vs to weete of his name 31 Item Deare found dead or wounded you shall inquire whether any Deare founde newly dead or otherwise wounded in such sort that the same cannot recouer his hurte and so found and taken by the Foresters whether the flesh and bodies of such dead or hurt Deare hath beene giuen and bestowed to the Lazer-house or Spitell-house next adioyning if any such there be and if there be no such Lazer-house nere adioyning then whether the flesh and bones of such Deare aforesaide hath béene bestowed giuen and imparted among the poore people next inhabiting the Forest and if they haue béene so well bestowed then whether the Verderors or Countrie can testifie the samd yea or no c. 32 Also of all such Deare as hath béene found and taken as last before whether the head and skinne of the same haue béene deliuered to the frée-men of the next towne adioyning c. 33 Item if any Arrowe or Arrowes hath beene founde within the Forest whether due presentment hath béene made to the Verderors thereof to the intent that the saide Verderor in his Roll might enter the same c. 34 Item Greyhounds if there be any Grey-houndes founde running within the said forest to the disturbance of the Quéenes game whether the same hath béen presented in the presentmēts of the verderors to the intent that the same should be sent to the Quéene or to the chiefe Iustice of the Forest 35 Item you shall inquire if all the deggs which be within the bounds of the Forest and ought to be lawed be wel orderly lawed and made profitable for the saide Forest yea or no. 36 Item if any man in time of Haruest haue taken in any Massiue or great dogge within the saide Forest c. to the hurt of the Deare or not 37 Also if any person or persons to whome the Quéenes Maiestie or any of her progenitors hath of late or old time graunted libertie of frée chasing within the Forest if they or any of them by meanes and coloure thereof haue done any preiudice to the Queenes Maiestie in the saide Forest yea or not 38 Also if the Queenes Maiestie or any of her progenitors hath graunted libertie to hunte Vermen of chase that is to saie Foxes Marternes Wild Cartes Pole-Cattes and Squiriles within the said forest whether they or any of them by colour therof hath killed any of the Queenes Deare yea or not 39 Item if any person haue at any time seene any trespasser in the Forest take any Deare there and hath not leuied hue and crie to take him ye shall present his name c. 40 Item you shall inquire what persons there be within the boundes of the Forest or without that doth keepe any Doggs that wil runn kil the Deare or kil Hares or any other beasts of chase or doth keepe any maner of engine to take the said Deare or other beasts or who doth by any maner of engin take a Deare or such beastes and who are receiuors ayding and concenting to the same you shall present the same 41 Item whether any Deare were or hath beene taken by what manner of persones the same hath beene so taken and whether it were by warrant or without warrant Item you shall inquire if any haue bene offenders in warrens or fish-pooles within the liberties of the Forest 42 Ye shall moreouer inquite what person or persons within the boundes limittes of the Forest hath any Bowes Shaftes hounds or any other engins to the end to preiudice the Queenes Maiestie of her beastes of chase and who is accustomed to enter into the said Forest with Bowe and Shaftes you shall present the same 43 Item you shall inquire whether any person to whom the Queenes Maiestie or any other person by reason of his office hath giuen any Deare hath taken any other kind or more Deare then hath beene so giuen him And what Foresters officers or other persons haue beene ayding and assisting to the same and whether the same were taken without sight of the Foresters and Verderors yea or no. Also ye shall inquire who hath taken any kinde of Hawks Fesants Partridge or other Fowle of Warren within the said Forest contrarie to the Lawes of the same Purlieu borders 44 Item ye shal inquire if there be any man that hath hunted the Queenes Deare within vii miles about the forest at any time within xl daies next before the Queenes hunting or xl daies next after it was done for these causes for that the King afore his hunting or his commissioners ordained to take the view of the game his grace should haue the sight of his Deare where they lie at rest in their haunt and after the hunting because when they be driuen out with strength of hounds and noise of men and hornes may after resorte againe to their haunte in the Forest 45 If any Purlew hunter hunt disorderly to the distruction of the Queenes game in the Forest or kill Deare Purlieu or hunt before the Sonne or after or with any other then with his meniall seruants or hunteth vpon the Sondaies 46 Item if any Purlew hunter at any time forestall the kings Deare whether it be by dead haie or quicke heye Purlieu for they may not forstall but let flip at the taile and whether any Purley hunter hath hunted in the fence Moneth or not 47 Item Purlieu if any man commeth into the Purlew and findeth a Deare in his feading and goeth against the winde and so slayeth him with bow or Gray-hounde or other Engin or forseth him at any gap or pitch as the Deare is woont to
shall do vs to weete 68 And further you shall enquire if there hath any person come into the forest felled and cut downe any great Okes of the Kings and carried them away by night or by day Of the price of the horses and Carte and of the saide trees carried ye shall do vs to weete 69 Also ye shall enquire if any person or persons hath or haue come into the Forest and cut downe any small wood or vnderwood as Sparres Blete Thornes or watling roddes and carried the same away vnattached yee shall do vs to weete of his name and of the price c. 70 Item if the Forester of the Forest his Lieutenant or any Foster browseth any Mast bowes Browsewood or great Okes in Winter time more for his owne aduauntage for to sell than for the sustenance of the Queenes Deare do vs to weete and the name and price 71 Item if takers of wood by the Queenes licence or grant whether they did not exceede their graunt and authoritie you shal do vs to weete And by whose assent and how much and what person hath done so 72 Item if any man haue any warrant to haue certein trees if he hath taken more than his warrant or if he hath taken the saide trees without view of the Verderors or Fosters ye shal do vs to weete c. 73 Item if any warrant were graunted for any Okes to the Queenes vse if any man take them to his owne vse or otherwise bestow them or sell them of the prise yee shall do vs to weete c. 74 If any commissions were directed to any Woodseller for a certaine number of great Wood or vnder-Wood or both if the Woodsellers haue well made their hedges of the coppies for the sauing of the Queenes couert And if they haue concealed any of the profite on their accompt that the Queene ought to haue And if they haue enclosed any Moores great plaines or wastes to the hurt of the commoners or put in cattell to the hurt of the springs yee shall do vs to weete 75 Also what Okes or other wood the said Foresters haue giuen solde or taken or vndermyned or otherwise impaired to which the officers hath consented or otherwise c. Le quantitie et le value de tiel boise c. 76 Ye shall further enquire who hath made any spoyle or waste in the Forest of Vert in the Queenes demesne Woods And also in the woods of other persons within the saide Forest And what and how much euerie of the saide Foresters hath giuen solde or hath suffered to be giuen or hath taken to their own proper vse of the woods within their Bailiwikes And if for the fauour of any maner of person that is to saye of Noble men or meane men the saide officers hath suffered them or any of them to make spoyle or waste of their woods within the saide Forest what and how much spoyle it is And if they or any of them by meanes thereof haue taken anything of them what and howmuch it is c. 77 Further ye shall enquire how much vesture and couering all and singular woods and shadowing of the same now being asserted were worth before they were so asserted Assartes aswel of the Queenes demesnes as of other mens groundes and who hath receiued the profits thereof and how much the Corne is worth of all and singular the saide asserts which be nowe sowen c. 78 If any person or persons doth walke in the Forest out of the Queenes high way with Bowe and Arrowes other than the Reepers or officers appertaining to the Forest contrarie to the Assise of the same yee shall present his or their name or names 79 Further ye shall enquire if the Forester or Foresters of the saide Forest hath and haue early euery morning walked within his walke and limits and so diligently vsed their dueties at other times of the day looking to the Queenes Deare and other beastes of chase in watching and harkening what offenders shall come into the said Forest yea or no. 80 If any man haue stopped or streightned any Church-way Milne-way or other wayes within the Forest and Purlew you shall present his name Acōrnes and Crabbes 81 If any person or persons gather any Acornes Crabbes or any other Mast and maketh sale of them in the Market or else where to the hurte of the Quéenes Deare and commoners there you shall present the same 82 Item Purlew if any person hath made any Copes or Closure in the Purlew estraigntning the Quéenes Deare from the Forest to the hurte of the owners or pounded the beastes of any cōmoners out of the shire and not put them in open poundes whether it be in Pawnage time or not do vs to wéete 83 Item whether all such Rentes seruices and other duties which ought to be paied and done to the Queene or her Foresters haue beene duly and truly aunswered and done yea or no. 84 And finally if there be any person or persons which hath impleded or sued any Plee which dothe appertaine to our Soueraigne Lady the Queene And which is within the iurisdiction of the Iustice of the Forest and before him to be determined Or if there be any persone that hath taken any fine or raunsome for taking or killing any Hares and for hauing and keeping of any vnprofitable dogs in the said Forest contrarie to the assise of the same or for any other trespasse which appertained to the Queenes Maiestie to haue reformation for you shal present the same likewise Thus endeth the Charge of the Lorde chiefe Iustice in Eyre of the Forest BEfore that I doe begin to speake or write any thing concerning a Forest it is necessarie first of all to sée what thing a Forest is in his owne proper nature I haue read and séene many definitions of a Forest and yet not any that is a perfect definition of the same Definitio Nominis Some do make this definition of a Forest vz Foresta id est Ferarum Statio this is but definitio nominis non rei it is but an exposition of the worde forest and not a perfect definition of the nature of the very thing in deede Othersome do saie that Foresta est tuta mantio Ferarum and this is no more but an exposition of the worde Forest nether Forest as if a man should say An vnperfecte definition of a Forest that a forest is a safe abiding place of the wild beastes to restin Some do make this definition of a forest vz a forest is a teritory of grounde meered and bounded with vnremoueable markes méeres and boundaries ether knowen by matter of recorde or else by prescription This is no perfect definition of a Forest neitheir because it doth not concist Ex genere vera differentia for by this definition Westminster Hall may be a Forest Westminster Hall a Forest for that the same is a Territorie of ground
without the same it can be no Forest And also it behoueth that euery forest haue a Courte which is called the Court of Swanimote for a Courte of Swanimote is incident to euery Forest A Courte of Swanimote is incident to a Forest and also the courte of Attachementes euen as a Courte of Pipowders is incident to a Faier And yet there are diuers places within this Realme that are called Forestes and they haue the names of Forestes and yet they haue not vsed to kéepe any Courte of Swanimote but such Forestes do not séeme to be Forestes in déede but they are rather Chases then Forestes For it cannot be a Forest vnlesse the same haue both a Court of Attachementes also a Courte of Swanimote beloning to the same The King may make a Forest in the landes or Woodes of any other man as it apeareth in the foresaid Red booke of the Exchequer in these words nec interest cuius sunt nemora siue Regis side Rigni siue procerum Who by the Comon Lawe may make a Forest AMongest the learned in the Lawes of the this Realme it hath béene alwayes holden for a generall oppinion that by the comon lawe the King may make a Forest in all Woodes or Places wheresoeuer he will within this Realme aswell within the Woodes or landes of his Subiects as within the Kings owne demesne Woodes or landes as is aforesaide and no other person may make a Forest but the King only And yet there is no doubt but that a noble man or a common person may haue a Forest by especiall graunt from the King or Prince vnder the great Seale of England As the Ducke of Northfoke in times past had A comon person may haue a Forest by the graunt of the King And also the Lord of Burgaâ—eny had a forest in Sussex called the Forest of Saint Leonardes Also the Duke of Buckingham had diuers forestes as the forestes of Brecknock Haye and Cantselly and others which notwithstanding that they were in their hands being subiects yet they were Forests still A Forest is a Franches of such noble princely pleasure incident onely to the royal dignitie of a Prince that therefore no person can make a Forest but the King onely But yet a common person may haue a Forest by graunt from the King as it doth appeare by the reciâ—all of the Statute of 22. E. 4 ca. 7. For at the time of the making of that Statute diuers persons had Forestes besides the King and of the nature of Forests And so there are diuers noble men at this day that haue Forests of their owne by the graunt of the King or Prince made to them or to some of their auncestours and if any affender be found offending in any of those places that are such forestes then they shal be punished for the same offence according to the lawes of the Forest acording to the qualitie of their offence It seemeth that in times past there were diuers Forestes in Wales Exactions by the owners of Forestes in Wales Strange customes concerning forests in Wales 27. H. 8. ca. 7. which although they were in the hands of Lords noble men yet the owners of them had by the graunt of the King Iura legalia by reason whereof those owners of such Forests and their officers did vse such extreame dealing towardes the people of the countrey that diuers great misdemeanors and ryots did thereby ensue besides that they had such lawes exactions and straunge customes in those places as it doth appeare by the recytall of the Statute of 27. of H. 8. ca. 7. that the same act was made of purpose to reforme and take away the same Wales was a Principalitie of it selfe And the reason why the Lawes and customrs of Forests in Wales did so much differ froÌ„ the Lawes of the Forest in England is as it seemeth because that some time Wales was a iurisdiction of it self before that the same was vnited and annexed to this Realme by the Statute of An. 27. H. 8. ca. 26. And before that time they haue had Princes of them selues The Queenes Maiestie hath a royal Prerogatiue to make a Forest which haue had authoritie to make Forestes and Lawes also concerning the same which is contrary to the lawes of this Realme now For at this day no man can make a Forest in England but the Queenes most excellent Maiestie because her highnesse hath that Soueraignetie royall Prerogatiue reserued onely to her selfe For as it is proued by the opinion of Master Treherne in his reading vpon the Statute of Carta de Foresta the King of Skottes TreherneÌ„ in his reading fo 3. although that he be a King or Prince in his owne countrye yet he neither may make a Forest nor yet haue a Forest in England without the especial graunt of the King or Queene of England because in that respect he is but a subiect himselfe neither hath he any Prerogatiue or soueraignetie in this land to make a Forest or to haue any Forest here except the same be by the especial grant of her Maiestie And this much concerning these two points Who may haue a Forest who may make a Forest by the comon lawes of this realm at this day Now at is to be seene what difference there is betweene a Forest Chase Warren and Parke The differeÌ„ce betweene a Forest a Chase The officers of the Forest The wood moâ—e court The Swanimote court The difference betweene the beastes of the Forest and the beastes of the Chase The beastes of the Forest are called Siluestres The beastes of the Chase are called Campestres THe difference betweene a Forest a Chase is that a Forest hath keepers Foresters Verderors Regarders Agisters Woodwards other officers also a Court of Attachementes which the old Foresters do call The Wood-mote a Court of Swanymote and a Chase hath only Keepers or a Keeper no court of Attachements nor court of Swanimote nor other officers as a Forest hath The diffence betweene the beasts of the forest the beasts of the Chase is said to be this that the beastes of the Forest are tantum siluestres and the beasts of the Chase are Campestres tantum for the beasts of the Forest do make their abode all the day time in the great Couerts secreat places in the woods and in the night season they do repaire into the lawnes pastures pleasant feedings for their foode reliefe and therefore they are called Siluestres that is to say of the wood or beasts that do haunt the woods And the beasts of the Chase they do make their abode all the day time in the feeldes vpon the Hilles or high Mountaines where they may sée round about them who doth sturre or come neare them And in the night season when euery bodie is at rest all is quiet then they do repaire vnto the corne feelds