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

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THE GREAT CHARTER OF THE FOREST DECLARING THE LIBERTIES OF IT Made at WESTMINISTER the Tenth of February in the Ninth Year of HENRY the Third Anno. Dom. 1224. and Confirmed in the Eight and Twentieth of EDWARD the First Anno Dom. 1299. WITH Some short Observations taken out of the Lord Chief Justice COKE's Fourth Institutes of the Courts of the FORESTS Written for the Benefit of the Publick LONDON Printed by the Assignees of Richard and Edward Atkins Esquires for John Kidgell at the Atlas in Cornhill near the Royal Exchange 1680. A PREFACE TO THE READER FInding how well Magna Charta hath been received amongst us as it hath been lately printed with some of my Lord Coke's Notes upon it and considering likewise that Charta de Foresta which was made and confirmed at the same times with the other does in effect treat of the same Matter and therefore both are called The GREAT CHARTERS of the LIBERTIES of England I could not but imagine that upon taking the same course and presenting you with some of that Great Man's Comments and Explanations of the Text as I could gather them out of his fourth Institutes of the Courts of the Forests alibi I could not I say but imagine that this GREAT CHARTER of the FOREST would meet with an Equal kind Entertainment from you This together with the Importunity of the Stationer made me set about the Work and I will here speak but a very few things by way of Preface because I would not long keep you from your fuller satisfaction and those shall be excerpted from my Lord Coke too There were many of the Great Charters and of This CHARTA DE FORESTA put under the Great Seal and sent to Archbishops Bishops and other men of the Clergy to be safely kept whereof one of them remain at this day at Lambeth with the Archbishop of Canterbury This was a great reach of Policy to have them well preserved and besides The same was entred of Record in a Parliament Roll. And afterwards King Edward the first by Act of Parliament 25 E. 1. c. 1. 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 thrô 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 in the year in full County viz. the next County day 28 E. 1. c. 1. after the Feast of St. Michael the next County day after Christmass and the next County day after Easter and the next County day after the Feast of St. John This Charta de Foresta and Magna Charta my Lord Coke calls Two glorious Lights and truly so for they were adjudged in Parliament to be taken as the Common 25 E. 1. 1. Law and the Law is the Light and Guide of Judges Lex est exercitus Judicum tutissimus Ductor lex est Optimus Judicis Zenagogus lex est tutissima Cassis And albeit Judgments in the Kings Courts are of high regard in Law and Judicia 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 Magna Charta DE FORESTA THE GREAT CHARTER OF FORESTS c. EDward by the Grace of God King of England Lord of Ireland and Duke of Guyan to all to whom these Presents shall come sendeth Greeting We have seen the Charter of the Lord HENRY our Father sometime King of England concerning the Forest in these words HEnry by the Grace of God King of England Lord of Ireland Duke of Normandy and Guyan and Earl of Anjou to all Archbishops Bishops Abbots Priors Earls Barons Sheriffs Provosts Officers and to all Bailiffs and other our Faithful Subjects who shall see this present CHARTER greeting Know ye That We unto the Honour of Almighty God and for the Salvation of the Souls of our Progenitors and Successors Kings of England to the advancement of Holy Church and amendment of our Realm of our meer and free will have given and granted to all Archbishops Bishops Abbots Priors Earls Barons and to all Freemen of this our Realm these Liberties following to be kept in our Kingdom of England for ever CHAP. I. What Woods shall be disafforrested IMprimis We will that all Forests which King Henry our Grandfather afforested shall be view'd by good and lawfull men and if he hath afforested any other a Wood more than 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