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
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
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
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
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
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