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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A37383 A Declaration of the libertyes of the English nation, principally with respect to forests 1681 (1681) Wing D700; ESTC R18779 18,446 40

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A DECLARATION Of The LIBERTYES Of The English Nation Principally with respect to FORESTS LONDON Printed for Richard Janeway in Queen's head Ally in Pater-noster-Row 1681. A DECLARATION Of The LIBERTYES Of The English Nation c. MAgna Charta and Charta de Foresta being both made in the Ninth year of Henry the Third and confirmed in the Eight and twentieth of Edward the First do in effect Treat of the same matter and therefore both are called the great Charters of the Liberties of England Which Charters were put under the Great Seal and sent to Arhbishops Bishops and other men of the Clergy to be safely kept whereof one of them remains at this day with the Archbishop of Canterbury This was a great reach of Policy to have them well preserved and besides The same was entred on Record in a Parliament Roll. And afterwards King Edward the First by Act of Parliament did ordain that both these Charters should be sent under the Great Seal as well to the Justices of the Forest as to others and to all Sheriffs and to all other the Kings Officers and to all Cities through the Realm and that the same Charters should be sent to all the Cathedral Churches and that they should be read and published in every County four times a year in full County viz. the next County day after the Feast of St. Michael the next County day after Christmas after Easter and after the Feast of St. John Magna Charta and Charta de Foresta my Lord Coke calls two glorious Lights and truly so for they were adjudged in Parliament to be taken as the Common Law and the Law is the Light and Guide of Judges And albeit Judgments in the Kings Courts are of high regard in Law and Judica are accounted as Juris dicta yet it is provided by the same Act of Parliament that if any Judgment be given contrary to any of the points of either of the Charters by the Justices or by any other of the Kings Ministers c. it shall be undone and holden for nought because the Judgment is given against the Law And in such high Estimation have these two Charters been that they have been confirmed established and commanded to be put in Execution by two and thirty several Acts of Parliament Henry King of England sent greeting to all Archbishops Bishops c. who shall see the Charter of Forests that to the Honour of Almighty God c. they had given and granted to all Archbishops Bishops Abbots Priors Earls Barons and to all Freemen of the Realm of England their Liberties following to be kept in the Kingdom of England for ever CHAP. 1. That Woods shall be disafforested IMprimis we will that all Forrests which King Henry our Grandfather afforested shall be view'd by good and lawful men and if he hath afforested any other a Wood more then his own Demesne by which the owner of the Wood hath dammage it shall be forthwith disafforested and if he hath afforested his own Wood then it shall remain Forest saving the b Common of Herbage and of other things in the same Forest to them who before were accustomed to have the same 3 Bulstrode 213. Ockam cap. quid Regis Foresta saith Foresta est tuta ferarum Mansio non quarum libet sed silvestrium non quibuslibet in locis sed certis ad hoc idoneis unde Foresta E. mutata in O. quasi Feresta hoc est ferarum statio Co. Litt. Sect. 378. Fol. 233. a. Forests and Chases are not inclosed but a Park must be the Forest and Chase do differ in Offices and Laws every Forest is a Chase but every Chase is not a Forest A Subject may have a Forest by special grant of the King as the Duke of Lancaster and Abbot of Whitby had id ibid. A Forest consisteth of Eight things viz. Of Soil Covert Laws Courts Judges Officers Game and certain Bounds Co. Inst 4. Part. Fol. 289. Foresta est nomen collectivum and by the grant thereof the Soil Game and a free Chase doth pass id ibid. King John the 15 of June in the 18 year of his Reign at Kummigs-mead alias Kyme-mead between Stanes and Windsor granted the like Charter as Charta de Foresta is id ibid. a This is an Act of Restitution for if the King might have made a Forest in other Mens Woods then could not the Owner have fell'd down his own Woods without View and License sic ad damnum illius c. id Fol. 300. b Note all manner of Commons are saved CHAP. II. Who bound to the Summons of the Forrest MEn that dwell out of the Forest from henceforth shall not come before the Justicers of our Forest by common Summons except they be impleaded there or be Sureties for some others that were Attached for the Forest This Statute of Charta de Foresta ha … been above Thirty times and lastly in 4. Hen. 5. confirmed and enacted and commanded to be put in execution Co. Inst 4. Part. Fol. 303. And it is very observable that if any Act of Parliament hath been made against any of the Articles of the Statute of Carta de Foresta by the Act of Parliament of 42. E. 3. the same is made void and by the Statute of Confirmationes Cartarum in 25. E. 1. all Judgments given against any of the points of Carta de Foresta shall be holden for void CHAP. III. What Woods made Forest shall be disafforested ALL Woods that have been made Forest by King Richard our Uncle or by King John our Father untill our first Coronation shall be forthwith disafforested unless it be our Demesne Wood. Whereas Henry 2. Fitz Empress claim'd that he might make Forrests not only within his own Woods and Grounds but in the Woods and Grounds of his Subjects and thereupon made divers such Forrests within his own and other mens Woods and Grounds Whereupon some Readers and others that have followed them are of opinion that Henry 2. might de Jure do that which he did This Act of Charta de Foresta which is but a declaratory Law restoring the Subject to his former right is directly against that conceipt as you may see before in the first Chapter of it and to the same effect is this third Chapter Neither could Henry 2. or any other King have made or rais'd a free Chase Park or Warren for himself in any of the grounds of the Subjects for it is truly said in Plowdens Commentaries Lord Berkely's case Note fol. 236. that the Common Law hath so admeasured the Kings Prerogatives that they should not take away nor prejudice the Inheritance of any But we agree that all the Lands of the Subject are originally derived from the Crown And therefore when the Ancient Kings had the most part in their own hands or at least great Desarts Waste and Woody grounds for want of habitation they might make what Forests it pleased them therein which may be a