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
eos ducere vel aliquod foâ—stact ' voluerint Concelare ipsi milites non omittentur propter illos qâ—in foris factum illud videant imbreuiari facias Et hoc pro nullare dimittant Et quod regarduÌ„ illud fiat cantra tale festum Teste c. And it is to be vnderstood that in times past when the Forest Lawes were carefully put in execution then the generall Sessions of the Forest called the Seate of the Lord Iustice in Eyre of the Forest was holden and kept euery thirde yeare And also euery third yeare the Regarders of the Forest did make their regard of the Forest And now at this daye alwaies before that the Lord Iustice in Eyre of the Forest do holde his general Sessions of the Forest he doth cause the write aforesaid to be made and sent to the Shirife of the same shire where the Forest is in the which the Iustice Seat for the Forest shal be kept together with a briefe remembrance or abstract of all such matters as the Regarders of the Forest shall enquire of By vertue of which write the same Shirife doth cause all the Foresters of the same Forest and also all the Regarders to meete together at a certain day and place which the Shirife shall vnto them assigne for that purpose at which day and place so appointed by the same Shirif vpon the apparance of the said Foresters and Regarders the shirife doth declare vnto them the Tenor of his write and also doth giue vnto them a charge to inquire of al such matters as are contained in the said Abstract At which time of apparance if any of the said Regarders be dead or sicke so that there be not the full number of twelue Regarders to make the regard of the Forest Then the said Shirife shall according to his said write in his full Countie of the shire choose other Regarders and cause them to serue in their places and so make vp the number of twelue Regarders and in such sort Regarders are made And also it appeareth by the Statute of Ordinatio Forestae made in Anno. 34 E. 1. hic ante fol. 26. 39. That if any of the Foresters Regarders or any other minister or officer of the forest be dead or by sicknes or any other meanes they be let or hindered so that they cannot be at the court of Swanimote And because that the absence of such officers or ministers should not be any hinderance of the proceeding of the court of Swanimote then the Lorde chiefe Iustice of the Forest or his Lieutenant incontinently shal choose and appoint other Regarders in their places so that all the Inditements in the Swanimote may be made and done by all the officers of the Forest according to the order set downe apointed by the saide Statute called Ordinatio Forestae And such electing and appointing of Regarders at the Swanimote is done but as it were of necessitie to make vp the full number of twelue Regarders to serue for the place at that time And such Regarders as be dead and others chosen in such manner by the Lord chiefe Iustice in Eyre of the Forest or his Lieutenant in their places then they shall remaine Regarders still But the Regarders that are chosen and appointed as aforesaid to serue in the places of others that then were sick or absent vpoÌ„ some especial busines such Regarders are not Regarders Nisi pro hac vice tantum as it doth appeare by M. Hesket fo 24 b. For saith he they are officers but to serue the Court for that time onely Hesket fo 24. I do finde by the Lawes and customes of the Forest that there may be three sorts of Regarders of the Forest which are as followeth 1 First there is one sort of Regarders made by the King him selfe by his letters Patents to whome the King doth graunt the said office sometimes for terme of life sometimes to him and to his heires to be one of the Kings Regarders of such a Forest 2 Secondly there is another sort of Regarders that are made by the Lord chiefe Iustice in Eyre of the Forest or by the Kings writt to the Shirife as hath beene shewed alreadie before And such Regarders are officers of the Forest but durante bene placito that is to say during the Kings pleasure 3 Thirdly there is another sort of Regarders that are made Regarders for the present seruice of the Court of Swanimote or to serue at some other time in the absence of some of the Regarders that are sicke or otherwise not able to serue at that time and such Regarders are officers Nisi pro hac vice tantum And thus much concerning Regarders and how he is made a Regarder of the Forest And now forasmuch as it appeareth by the writt aforesaid directed to the Shirife to choose new Regarders in the place of such as are dead And that the same Shirife according to his writt must giue vnto such Regarders as he shall choose in their places A Regarder must be sworne an othe for the wordes of the writt are these Et dicti milites Iurent quod facient regardum sicut solet debet fieri Now therfore it is necessarie to see what the oath of a Regarder is And to the end that euery such officer may the better knowe his oath also his office I haue set downe the same here which is as followeth The Othe of a Regarder of the Forest The oath of a Regarder YOu shall truely serue our Soueraigne Lady the Queene in the office of a Regarder of the Forest of Waltham You shal make the regard of the same Forest in such manner as the same hath beene accustomed to be made You shall range through the whole Forest and through euery Bailâ—wike of the same as the Foresters there shall lead you to view the same Forest And if the Foresters will not or do not know how to lead you to make the regarde or range of the Forest or that they will conceale froÌ„ you any thing that is forfeited to the King you your selues shall not let for any thing but you shall see the same forfeiture cause the same to be inrolled in your roll You shal inquire of al wastes Purprestures and Assertes of the Forest and also of concealements of any offence or trespas in the Forest either in Vert or Venison by any officer of the same Forest And all these things you shall to the vttermost of your power do So help you God It seemeth by the Lawes of Canutus the Dane King Canon the 2. that in his time there were certaine persons that did execute the verie same office that the Regarders do nowe at this daye and then there were 16. of them Canutus Canon 2. they were called Mediocres homines But the Danes did call them Yong men Hâ— Curam onus tum viridis tum veneris suscipiant But of like such officers were cleane
of them and also propertie ratione soli and so hee that doth chase them out of my land and doth kill them in his owne proper lande he shall lose his labour therein and not gaine any propertie And I shall haue the thing killed if I do freshly persue it for that it may be knowen by the skin hornes and such like If the same do goe out of my land of his owne will then is it lawfull for euerie man to kill him for capienti conceditur and so note a diuersitie where a man of his owne wrong doth constraine him to goe out and then kill him and where contrarie and it is holden there by Brooke a Iustice that if a man suffer his Faucon to flie at a Fesant and kill him in an nother mans land he may pursew his Fawcon and take the Fesant and he shall not be punished but for his entrie into his ground for the taking of the Fesant by my Faulcon is a possession in me and so where my hound doth take a wild beast contrary of the taking of an Otter Fox or Graye for those are vermin and against the comon wealth they are carrin because they are enimies to the common welth men may iustifie the entrie into other mens land to destroy them But Déere Fesants and such like are pleasures and good meate men haue propertie in them nisi ratione soli And in An. 12. H. 8. fo 4. it is there holden 12. H. 8. fo 4. Br. Propertie 44. that a man may haue propertie in hounds hawkes thrusshes popiniayes and such like which are wild beasts of nature if they be made tame and then the owner shall recouer dammages in an accion of trespasse for the taking of theÌ„ And yet if he do giue omnia bona et caâ—talla sua those do not passe by that gift and by Eliot a Iustice no Repleuin doth lye of them And Iustice Brudnel doth shew the reason therof for saith he the propertie is not properly knowen and yet an accion of trespas doth lye of the taking of them and likewise for a Mastiffe and it is there saide that there is no Tythes paide for such wilde Beastes Certaine cases collected and gathered out of the bookes of the yeares and Termes of the Common Lawe Graunt concerning Forestes Parkes and Chases as followeth IN Termino Michaelis Anno. 1. 2. Elizabeth Regina M. 1. 2. Reginae Elizabethe Dier fo 169. nota ibidem 1. The case was as followeth Rex Henricus 8. per litteras patentes datas Anno regni sui 33. ex certa scientia et mero motu suis dedit concessit et ad firmam tradidit Richardo Crumwell militi Forestas suas de Waybridge Sapley in comÌ„ Hunt habend sibi cum suis partibus membris porcellis pertinentijs vniuersis ad terminum lxxx Annorum reddend vi li.xiii s. iiii d. per Annum c. oue cest clause scilicet praedictus R C. executores assignati custodient habebunt manutenebunt in forestis de tempore in tempus durante termino praedicto centum damas eosdem seu alios consimiles in numero in praedictis Forestis in fine termini praedicti dimittent praefato Regi haeredibus successoribus suis Le parol Forest include le game touts auters choses in le forest sans ascun auter reseruation del game Et ore le seignior North que ad le fee simple voil prender de la game ou donor garrant la. Et come semble a plus part de les Iustices Sariants dambidenx measons et al Atturney la Roigne que il ne poit car tout le game fuit include en le parol et nosme de Forest et les 100. dames ne sont reserues destre occide ne ascun de eux Car donques nest possible pur le lesse a performer son couenant supra mes il est reserue tantum pur la maintenance del game forest Purpresture Anno. 7. Elizabeth Dier fo 240. b. nota 45. Anno septimo Elizabeth the case was as followeth Fuit resolue per le plus parte de les Iustices et le Counsell del Roigne cest terme a Sariants Inne In presentia Comitis Sussex Iustic ' Forestar ' citra trentam que le building de vn nouel mease in le seueral soyle ou in west dascun home deins vn Forest est vn Purpresture et noyance al forest et game finable ou rentable pur le tolleration ou permission de ceo destoyer al arbitrement et discretion del Iustice Grannt de herbage del Forost Anno. 11. Reginae Elizabeth Dier fo 285. nota 40 Per graunt de herbagio Forestae The Patentee may inclose the Forest Malefactoribus in parcis Anno. 15. 16 Elizabeth Dier fo 326. nota 3. Purlieu del Chase ou raceable et desire deserue al pleasure c. Anno. 11. Elizabeth the case was as followeth Le grauntee ou Patentee del Roy de herbagio forestiae auera trespas vers ascun que consume ou descroy les herbes mes nemy larbres ne del fruit de ceo et auxi prendra beastes la dammage fesant et le brief de Trespas quare clausum fregit sibien il fuit de terre et per le oppinion de iii. Iustices in Banco Regis Termino Trinitatis 2. H. 8. Le patente poic incloser le Forest per tiel graunt In Anno 15. 16 Elizabeth the case was as followeth Le Chase de Whaddon est le inheritance del Corone et le seignior Gxey lieutenant de ceo in fee et il et ses auncestours lour keepers per prescription on t vse de hunter in auxi bien per nute come per iour les dames vagrants in le maner dun Fortescue de S. adioignant al dit Chase come in le purlieu del Chase mes deuided oue vn hay dych Et Fortescue ad per le grant del Roigne auxibien le dit Maner come le franke warren in les demesne terres de ceo Auxi bien per sa graunt demesne come per confirmation dauncient former Charters oue les parols Ita quod nullus intret in Warrennam illam ad fugand'sine licentia voluntate F. Les keepers del Seignior Greye in August darreine fueront disturbe et nauffrees pur vsant cest libertie in hunting en les dits demeanes oue graund violence et daÌ„mage fait per les seruants de F. de guels ils estoyent indicted et per mandatum de lour master puis quel temps vn seruant del seigniour Gray esteant in le companie del keeper naufre al dit affray est mort des strokes c. cest matter esteant primes oye deuaunt le Counsell fuit commit al examination pur les ley matters a les deux chiefe Iustices et latturney generall queux ayant oyes les parties lour Counsailours pensent le
dicunt c. Quod Tho. Wake omnes a tempore quo non extat memoria hominum habuerunt c. liberatione BoscuÌ„ in communibus boscis suis pro se c. ad quodlibet attachiamentum hoc ad sufficientiam bosci Item dicunt quod escapia vz Emende de forincecis auerijs infra metas Forestae inuent per forestarios escapium inde presentatum est fuit a tempore quo non c. Ad attachiamenta Forestae praedictae ibidem dominus Forestae habuit emendas In clameo Burgens de Scargeburgh coram domino Wihelmo Vefeye Iusticiar ' Forestae ET quia viridarij praedicti nihil responderunt de transgress venationis factis in Foresta praedicta hocanno Ideo committuntur prisonae Et educti venerunt fecerunt finem per iij. li c. Abbas de Whitbie clamat habere viridarios suos proprios de libertate sua de Whitby eligend'de cetero in pleno Commitatu Eborum pro vt moris est ad responsiones et presentationes faciend'de transgress quas a modo fieri contingent de viride venatione infra metas forestae de Whitby coram Iusticiarijs domini Regis Itinerant ad placita Forestae in partibus illis et non alibi Sicut viridarij Forestae domini Regis huiusmodi Responsiones et presentationes facere debent et consueuerunt In Itinere Lancastriae FOrestarij venerunt et dicunt pro se ipsis et omnibus alijs forestar istius Forestae Quod ipsi forestarij nunquam fuerunt onerati de aliquibus Rotulis seu Indictament tangentibus forestam Et quod omnes Rotuli et Indictament remanent penes viridar c. Et hoc parati sunt verificare per ministros c. Qui quidem ministri ad hoc Iurat hoc idem testantur c. Ideo c. Presentatum est quod Iohannes Lancastriae cepit tres quercos in Foresta ista Qui venit et dicit quod eos habuit ex liberatione foresta pro estouerijs suis c. Et quia hoc testatum est per Rotulos viridar esse verum Ideo dictus Iohannes inde eat c. Et quia inspectis Rotulis viridar ' istius forestae nihil compertum est de praetio corticum xl Quercum praedictor Ideo ipsi liberantur prisone Et educti fineÌ„ fecerunt cum domino in hac parte per dimi marc Nomina Ministrorum forestae de Lancastra Wilhelmus Blount Custos totius Forestae et Seneschallus Roberto de Ratcliue magister forestarius eiusdem forestae Wilhelmus de Holland Supervisor forestariorum totius forestae Iohannes Balridge Forestarius de feodo in warda de Lousdale Robertus Fowcher nunc Custos istius forestae venit c. Et illo amoto Wilhelmus de Clapham Iuratus est et efficitur Custos eiusdem forestae Certaine iudgementes and principall notes taken out of the Recordes of the Forest digested into Tytles THe Priour of Lancaster had by Charter euery day two cart lode of morte Boys to be burnt in his Priory Lancaster f. 3. 64. Abuser And because he tooke viridem Boscum pro mortuo Bosco contrary to his charter the benefit profit of his estouers was seysid into the handes of the Lordes of the Forest For the which the Priour made his fine pro estouerijs rehabeÌ„dis ad iij. li.vj.s.viij.d et rehabuit estoueria sua Itiner ' Lancastr ' Anno 10. Ed. 3. fo 65. a. Abuser Assisa Lancaster fo 3. 66 Assisa Lancaster fo 4. And here you may note that for abuser there growth good cause of seiser See the like in the case of the Burgeses of Lanc. ibideÌ„ fo 66. Note if a man haue Estouers by graunte as appurtinaunt out of a Forest vnto a certain messuage In this case if the same Estouers be spent in any other house this is a good cause of seiser of the same Estouers for this is an abuser the which is a cause of forfeiture Itiner ' Lanc. Anno 10. E. 3. fo 67. b. The same lawe is of a Comon of pasture No man may agist within his owne landes within the regard of the forest except he haue special licence so to do Agistments Pickering f. 16 In clameo Abbatis de Riuall Itiner ' Pick. 10. E. 3. fo 166. quere de hoc for the wordes of the Statuit of Carra de forest are these vnusquisque liber homo agistit boscum suum in Foresta pro voluntate c. If the Iustice of the forest do any thing sticke at the allowing of any mans liberties claimed before theÌ„ Allowances then may the party gréeued haue a write of allowance or a write to procede to allowance Itiner ' Pic. fo 182. a. Where the Iustice of a Forest doth stay ouer long in allowing of a libertie that is claimed Itinere Pickering fo 16 Abbas de Riuall fo 23 Abbas de Whitbe Ibidem fo 16. Abbot de Riuall then may the partie gréeued purchase the kinges write of allowance directed to the Iustice of the forest commaunding him to allow the same The tenor of which write doth appeare Anno 10. E. 3. Itiner ' Lan. fo 9. fo 65. In the claime of the Abbot of Furneaux If at one Iustice seate certaine liberties be allowed at another time the same allowance may be pleaded quod nota And the recorde of the allowance shal be sent downe by writ vnto the Iustices It was admitted and adiudged in the claime of one Lambeson that to be quited of Pannage intempore pannagij Appurtenance might be appurtenaunt vnto a mannes frée hold An office of a woodwarde the barke of timber Trées felled was claimed to be pertaining vnto a manor adiudged accordingly To be quite discharged of Pawnage and Pawnage of Swine within a forest may be by precription appurtenaunt vnto landes And to claime that he and his auncestors a tempore quo c. is a good title without saying that he and his auncestors and all they whose estate he hath in certaine landes c. a tempore c. Asserts Pickering f. 15 No man may assert or excolor but by the kinges warrant in casu prioris sancâ—i â—ohannis Ierusalem in assisa Foresta de Pick. fo 18. b. Note that the Priour of S. Iohns did make his claime by one of his confriers whome he made his attorney being a dead person in lawe quod nota Atturney The Lord of a Forest may enter by his officers into any mans Wood Brusewood Assisa de Pickering f. 19 the which is growing within the regarde of the forest and cut downe bruse Wood for the Déere in Winter Note that it appeareth by the claime of the Abbot of Meriuall that within the regarde of any Forest Buildings Lancaster fo 5 no man may build either houses or barcaries quod nota It appeareth that within the Forest no man may builde any newe houses or barcaries or
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
offence was done in such a place which is within the Forest so that thereby it may appeare whether the same offence were done within the Forest or not 5 Concerning the thing in the which the offence was done for therby it may be decerned whether the same offence be any offence or no offence Thirdly the same presentment must be certaine concerning the thing it selfe in which the offence was committed or done as to saie that the offendor killed a Buck or a Dooe or as the cause in trueth was 4 Concerning the Instrumentes Fourthly the same must be certaine concerning the instrumentes with the which the offence was done and that ought to be shewed certainly for the instrumentes with the which the offence was done are forefected to the king as if an offendor do enter into the Forest with a Crosebowe or a long bowe and there doe kill a Déere the Crosebow is forfected to the king and so is the long Bowe likewise The fiift is that the same presentment must be certaine concerning the maner of the doing of the same offence 5 concerning the manner of the acte for the maner and forme of the doing of the same offence may make the punishment thereof greater or lesser as the case doth require It may make the same offence to be a voluntary offence in the offender or a negligent offence in the offender as if a man riding through the Forest hauing a Greyhound fast in a slip by his side the Greyhound passing this thorow the Forest doth espye the Déere Voluntary offence negligent offence and with the force and strengh of the Greyhound he doth slip the coller and so against the will of the owner the same Greyhound doth kill a wilde beast of the Forest this is but a necgligent offence in the owner of the Greyhound in which case the maner of the same offeâ—e must be crtainly shewed And as concerning Attachementes of the Forest it is to be noted that there be three maner of Attachementes of the Forest that is to saie To attache 1 By goods cattels 2 By body Pledges Mainprise 3 By the body only without pledges or Mainprise THe first maner of Attachement is The first manner of attachement to Attache a man by his goodes and Cattels and that is to Attache a man in the same maner as the Sherife doth make an Attachment at the comon Lawe by the goodes of any person in an Accion of debt or trespasse in the County Courte to cause the party attached to appeare there and to aunswer the saide Accion Euen so it is if an offender within the Forest haue committed any offence in any manner of nether Verte and afterwardes when the Forester hath knowledg thereof then the Forester may attache his Cowe or his horse or any other beast or goodes that he hath within the Forest and then after such Attachement made to declare vnto the owner of the same goodes or Cattels the cause why he is so Attached and to will him to appeare at the next Courte of attachementes and to find Pledges there to answer the same offence and then such a Forester in the meane time to kéepe such goodes or Cattel or Cattells so attached in his owne Custodie vntill the next Court of attachementes to be holden for the same Forest and then the same Forester at the said next Court to bring in the same attachement before the Verderors and there to present aswell the offence for the which he was so attached as also the attachement it selfe to th end that the Verderors may vew the same and then if the same offender do not make his apparance at the saide next Court according as he was attached to be to answer his saide offence but there doth make default then by his default for not appearing his goodes that were so attached are forfected to the Quéenes Maiestie then by the order of the same Courte the same attachement shal be sold the valew thereof shal be aunswered to the Quéene and the same offender shall be attached againe by other goodes and the like shal be still done against him vntill such an offender do appeare at the said Courte of attachementes and there do put in suerties or pledges to aunswer the saide offence at the next Iustice seate of the Forest But if such an offender do appeare at the said Court of attachementes and doe there finde pledges to aunswer the offence aforesaide at the next Iustice seate of the Forest then he is to haue his goodes that were attached deliuered vnto him againe But it semeth by the auncient Presidentes of Forest Lawes that in euery presentment of offences done in the Forest in Vert that is presented before the Verderors In a presentment of Vert the valewe of the Vert must be set downe the valew of the Vert must be set down in the same presentment and deliuered to the Verderors vpon the othe of the Forester and if by the presentment of the Forester vpon his othe it doth appeare that the value of the same Vert is vnder the summe of foure pence so that the same offence doth séeme to be so small an offence that it is not worthie to be heard before the Lorde Iustice in Eyer of the Forest then the Verderors may determin the same offence before them in the saide Court of attachementes and assesse the fine and also cause the same to be leuied to the vse of the Quéenes Maiestie and al this to be entred in their roll accordingly And the like manner of attachementes by goods and Cattels may be made and vsed for all manner of small offences in the Forest and for any manner of trespasse in Vert or Venison where the offender is not taken with the manner doing of the same trespasse sauing only in certaine cases which shal be shewed hereafter for that by that meanes the forester may compell the offender in the end to come before the Verderors to appeare at the said Court of Attachements and there to finde Sureties or Pledges to aunswere the same trespasse or offence according to the Lawe in that behalfe at the next Iustice seat of the Forest before the Lorde Iustice in Eyer of the Forest And thus much concerning the first attachement by goods and cattals The second manner of attachement is The second manner of Attachement to attache a man by his body by pledges and by mainprise and this manner of attachement may be made and vsed in euery case where the Forester doth finde any offender in the Forest trespassing in Vert and doth take him with the manner doing of the same so that the same be not in the Kings demeasne woods making of Asserts or Purpresture there then the Forester may attach him by his body and then cause him to finde two Pledges to aunswere the same offence at the next Court of attachements And then vpon his appearance at the saide next
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
the Kinges most honorable priuie Counsell The authoritie of the Lord Iustice in Eyre And then when that any such noble person is made Lorde chiefe Iustice in Eyre of the Forest by the Kinges especiall Commission hee hath by that as great authoritie as any other Iustice in Oyer hath and more For then he may punish all trespasses of the Forestes according to the Lawes of the Forest A man may prescribe to haue waife straye but not felons goods And he may heare and determine all the Clames of the liberties and franchises which be within the Forest as to haue Parkes Warrens and Viuaries And also of them which do Clame to be quite of assartes and Purprestures of them which do Clame Leetes hundreds felons goods waifes and fugitiues and other liberties within the Forest and likewise of them which do Clame to keepe Hares and other beastes of the Chase within the Forest For by lawfull and good Clames men may iustifie the doing of many things within the forest which otherwise were vnlawfull But those Clames must be such Clames as I haue shewed before that haue beene allowed before the Iustice in Eyre within the time of Prescription The diuersitie betweene the Iustice of the Forest and Iustices in Oyer at large and other Iustices is that the Iustice of the Forest shall punish those that be indicted at the Swanimote and presented before them in their Sessions by fine and imprisonment at their discretion and the partie indicted shall not trauerse it because he is presented by more persons than by twelue and that is a condemnation against him But the Iustices in Oyer and other Iustices of the peace if they do determine such Trespasses done in Forestes which by the Lawe they cannot do which is presented before them by waye of indictment then the parties so indicted shall haue their trauerse allowed them which they shall not haue of the Enditement taken in the Swanimote and tryed before the Iustice of the Forest Those which be Iustices of the Forest when they haue their Commission from the King The warrant of the Lorde Iustice in Eyre to warne the Sessions of the Forest for the keeping and holding of the Iustice Seate there they shall make their warrant and Precept to the Shirife of the Shire within the which the same Forest is where the Iustice Seate shal be holden which saide Precept is in these wordes Thomas Louell nobilis ordinis garterij Miles Iusticiarius Itinerans omnium Forestarum Domini Regis in Anglia tam citra Trent quam vltra Vic' Essex salutem ex parte dicti Domini Regis tibi precipio quod summoneas per bonos summonator ' omnes Archiepiscopos Episcopos Abbates De qualibet villa villata quatuor homines propositus duodecem probos legales homines Priores Comites Barones Milites eorū liberi tenentes qui terr' aut tenementa habent infra metas Forestae domini Regis de Waltham in Com' Essex de qualibet villa villata infra easdē metas quatuor homines propositus de quolibet Burgo infra metas eiusdem forestae duodecem probos legales homines omnes alios qui coram Iusticiar ' placita Forestae ten ' venire solent debent quod sint apud Waltham die Lunae prox ' post festum Sancti Petri apostoli prox ' futur ' coram me praefato Iusticiario Itineranto vel meo in hac parte deputato audituri factur ' ea quae ad placit ' Forestae ibidem pertenent Et vlterius tibi precipio quod totam balliuam tuam videlicet tam in Burgis alijs villis quam in Ferijs The generall Sessions of the Forest proclaimed Mercatis alijs locis publicis publice proclamare facias Quod omnes illi quicunque qui per Cartas dicti Domini Regis antecessoris seu progenitor ' aut alio modo aliquas libertates Franchesias aut liberas Consuetud Forestae infra dictum forestam habere clament sint coram me praefat Iusticiar aut meo in hac parte deputato die loco praedictis ostensuri quas libertates habere clament Et omnes attachiati pro virid venatione infra forestam praedictam post vltimam placit forestae tenent ac eorum pleg manucaptor habuerent diem per manucaptionem coram Iusticiar Domini Regis Itinerant proxim illic venient quod adtunc sint ibi coram me praefat Iusticiar ad stand recto ad faciendum ea quae secundum legem forestae facere debent quod tu ipse fis ibidem cum Balliuis tuis ad exequend cerciorand me super his alijs negotijs illis tangentibus habeas ibi summonator hoc breue Teste c. Also when that the Iustices of the Forest haue obtained their Commission at the handes of the King to holde their generall Sessions for the Forest It is to be vnderstood that when they doe make out their Write of generall Summons for to Summon and commaunde all manner of persons to appeare there where the same is to bee appoynted by the saide writ in such maner and forme as is before declared they must by the order and course of the Lawe of very necessitie giue vnto these officers and others that are to appeare there a daie of resonable warning by the space of forty daies at the least to hold their Sessions in in the same manner as the Iustices in Eyer at large doe make Fourtie dayes warning and they shall hold Plées of quo warranto as the other Iustices do and that is the generall Summons that the Statute of Carta de Foresta doth speake of And there is also another kind of generall Summons which the Iustices of the Forest shall cause to be made by directing of their warrant to the chiefe Warden of the Forest which warrant is in the forme as followeth Thomas Louell nobilis Ordinis Garterij miles Iusticiaries itinerans omnium Forestarum domini Regis in Anglia tam citra Trent quam vltra Iohanni de Vere comiti Oxon. The writ to the chife warden custod'Forestae domini Regis vel eius locum tenent ' in eodem salutem ex parte dicti domini Regis vobis mando ac firmiter iniungentes quod venire facias corā me prefat ' Iusticiar ' apud Waltham die Lunae proximum post festum Sancti Petri Apostoli prox futur omnes Forestarios Veridarios Regardatores Woodwardos ac alios ministros eiusdem Forestae qui nunc sunt et qui post vltimam placit ' Forestae predict tent ' fuerunt et eorum quemlibet cum omnibus rotulis scriptis minumentis et attachiamentis Forestae tam de viride quam de venatione quae post vltimam placitam illa emersa et non determinat extiterunt facias Regardatores Forestae qui sunt et qui post vltimam placitam predict tent ' ibidem
fuerunt cum omnibus regardis suis per idem tempus factis et irrotulatis faciasque insuper ad tunc et ibidem omnes agistatores eiusdem Forestae qui nunc sunt et qui post tempus predictum fuerunt et eorum quemlibet cum omnibus attachiamentis suis et rotulis agistamentor Rotula Regardatorum ad stand'inde recte et ad faciend'ea que eis et eorum quamlibet secundum legem Forestae iniungent aut que facere debent Rotulo Agistatorum facias etiam venire omnes illos qui clament habere aliquas libertates aut franchesias infra Forestam predictam quod sint coram me aut loco meo teneÌ„te ad predict ' diem et locum ostensur ' quomodo clamant habere libertates franchesias seu priuilegia et quo waranto et quod vos sitis ad tunc ibidem cum nominibus omniuÌ„ predict ' ministror ' et hoc breue nobis remittente teste c. It appeareth by this writ that the authoritie of the Iustice of the Forest doth differ from the authoritie of other Iustices in Eyer for the Iustices of the Forest may make their deputie or Lieutenant to execute their office and place The Iustice of the Forest may make a deputy by the Statute of 32. H. 8. ca. and so cannot other Iustices in Eyer do but that is by reason of the Statute of 32. of King Henry the 8. for before the making of that Statute it séemeth that the Iustices of the Forest could not make a deputie or Lieutenant to execute their place or office for as much as the same is a iudiciall place of authoritie And if the King which hath a Forest with all the incidentes vnto the same he doth graunt the same vnto any other person the grauntée shall not haue the Iusticeship of the Forest by the same graunt nor he shall not haue a Court of Swanimote in the proper nature of the same for if such a grauntée do kéepe a Court of Swanimote for his Forest he cannot do any thing in the same but take presentmeÌ„tes against offenders as they do commonly vse to do in the Court of Attachementes the reason is because that the grauntée by such a graunt cannot haue Verderors nor Regardors for they are chosen by the Kings writ and there can be no procedings against offenders in Forests in the Court of Swanimote Treherne in his reading of the Lawes of the Forest fo 7 Master Hesket in his reading of the Lawes of the Forest fo 7. without the Verderors and Regardors And again it shal be in vaine to haue a Court of Swanimote and such officers in a Forest as is aforesaide if he may not by the Lawe haue a Iustice of the same Forest that may cause Iustice to be executed of such presentments against such offenders but yet such a grauntée as is aforesaide by the same graunt may haue Foresters Agisters and Woodwardes for the safe kéeping of his Vert and Venison as it doth appeare by Maister Hesket in his learned reading of the Lawes of the Forest A Forest in the handes of the King but a Chase in the handes of another man fo 7. But if such a grauntée chaunce to haue any trespasse done in his Forest by offenders in the same he may very well haue his remedie against them by an Action at the common Lawe and so the comon Lawe hath not lefte such a grauntee vnprouided of his remedie against such offenders and because that such a grauntée doth wante some parte of the authoritie of a Forest by such a graunt as is aforesaide A Forest in the handes of the King may be a Forest in the handes of another by the Kings especiall graunt Note the difference therefore the same Forest is not properly a Forest in deede but rather a chase being in the handes of such a grauntee and yet the same was a Forest in the handes of the King But if the King by his letters patents do graunt a Forest to any of his Subiects and by the same his letters patents he doth giue and graunt vnto the grauntee full power and authoritie to make a Iustice of his Forest and to haue all the officers of a Forest as is aforesaide as Verderors Regardors c. which is Iura regalia in that defalse then such a grauntee may well haue the whole authoritie of a Forest in his owne proper nature and then the same Forest doth continue a Forest still in the handes of such a grauntee by reason of such a graunt onely Note the difference Whereas the wordes of the Statute of Carta de Foresta Articulo Secundo are homines vero qui manent extra Forestam non venâ—ant de cetero coram Iusticiarijs nostris de Foresta per coÌ„munes Summonitiones nisi sint implacitati vel plegij alicuius vel aliquorum qui Attachiati sunt propter Forestam NOwe it is to bee seene what persons are compellable by this Statute to appeare before the Iustices of the Forest by this generall Sumons mentioned in the braunche of the same Statute And it is to be vnderstood that before the making of this Statute of Carta de Foresta the Lawe of the Forest was that all men within the Countie aswell those that did dwell out of the Forest as also all those that did dwell within the Forest were bounde to appeare before the Iustices of the Forest by this generall Sumons when they did hold their Eyer or Sessions of the Forest in that Countie and all Earles Barrons Knightes Fréeholders and others were bound to appeare before the Iustices of the Forest by this generall Sunioâ—s at their generall Sessions before the making of this Statute as it doth appeare in assisa Forestae facta tempore Henrici Secundi Caput 19. in hec verba Comites Barrones Assisa Forestae H. 2 cap. 19. Milites et liberi tenentes et omnes homines de comitatu veniant ad Sumonicionem nostri forestarij sicut se voluerint defendi ne incidant in manuÌ„ Regis ad placitand'placitaÌ„ de Forestis suis vel ad alia negotia faciend'in comÌ„ And also the same is affirmed proued by the words of the Statute vz de cetero which is that from hencefoorth no man that doth dwell within the Forest shal be compelled to come before the Iustices of the Forest by this generall Sumons of the Forest by which worde from hencefoorth it is plainly noted and shewed vnto vs that before the making of this Statute all persons that did dwell without the Forest within the same Countie were then bound to appeare before the Iustices of the Forest by the general Summons which was a very great vexation and trouble to all persons which did dwell without the boundes of the Forest to giue their attendance there during all the time of the Sessions The reason of the making of this Lawe And it doth
séeme that one principall cause of the making of this Law was that for as much as K. Henry the Second graund father to King Edward the First had afforested the Lands and Woodes of diuers persons which were not the Kings owne demeasne Woods as it doth appeare by the first Article of this Statute and all those are there appoynted to be dissaforested againe and so to be put cleane out of the Forest Nowe this Seconde branche or Article is as it were an especiall prouision thiefly for them that then were dwellers in those places which some times were within the Forest and yet by this Statute put out of the Forest that they being out of the boundes of the Forest should not be compelled to come before the Iustices of the Forest at their generall Sessions by this generall Summons as they were wont to do vnlesse that they be Pledges for same other person that is an offender or that they be there impleaded for any plee of the Forest or that they be attached by any Minister of the Forest to appeare before the Iustices for the same offence of the Forest And it is to be vnderstood that this branch of the Statute is deuided into two partes that is to saye concerning those that do dwell without the Forest and those that do dwell within the Forest for in some cases those that do dwell out of the Forest ought to appeare before the Iustices of the Forest by reason of the generall Summons notwithstanding the wordes of the Statute aforesaid And againe in some cases they that do dwell within the Forest shall not be compelled to appeare before the Iustices of the Forest by the generall Summons notwithstanding the words of the Statute aforesaid And in some cases they shall appeare by other Proces than by generall or common Summons And as concerning the first deuision which is of those that do dwell out of the Forest and yet they are compellable to come before the Iustice of the Forest by this generall or comon Sommons notwithstandind the words of the Statut aforesaid It is to be vnderstood that if any person which do dwell out of the Forest haue any libertie or franchises within the forest for the which he is to put in a Claime before the Iustices of the Forest then such a Forrener or dweller out of the Forest must of necessitie appeare before the Iustices of the Forest must of necessitie appeare before the Iustices of the Forest by this generall or comon Sommons there to preferre his Claime for the same liberty or priuiledge at the first daie of the Sessions of the Forest notwithstanding the wordes of the saide Statute or otherwise his Claime shal be seysed into the handes of the King for non Clamer of the same Non clamer is cause of seisure And in like manner it is if one that doth dwell out of the Forest haue a profit aprender out of any land within the forest or any office within the Forest or any other Priuiledge or liberty then he must of necessitie appeare before the Iustices of the Forest at the first daie of the Sessions there put in his Claime for the same and so he is bound to take notice of this comon or generall Sommons and thereby to appeare although that he doth dwell out of the Forest not withstanding the wordes of the Statute aforesaide or else the same office priuiledge or libertie shall be seysed into the handes of the King for non Clamer of the same So it is if a man haue two houses the one of them within the Forest and the other of them is out of the Forest and the owner of them is resiant and dwelling some times at the one and some times at the other so that he is peraduenture resiant and dwelling out of the Forest at the time of the Sommons of the Sessions of the Forest yet notwithstanding such an owner ought to appeare before the Iustices of the Forest by this common Sommons Master Heskēt in his reading fo 7. notwithstanding the words of the Statut aforesaid as it appereth by Master Hesket in his learned reading of the Lawes of the Forest And now as to the Second deuision of the saide Statute concerning those that doe dwell within the Forest and yet they shall not be compelled to appeare before the Iustices of the Forest vpon the comon Sommos aforesaid It is to be vnderstood that all manner of persons dwelling within the Forest and being vnder the age of 12. yeares although that they be inheritors of landes within the Forest yet they are not compelled to appeare before the Lorde chiefe Iustice in Eyer of the Forest at the generall Sessions by reason of this comon Summons aforesaide And in like manner all manner of persons that are dwelling within the Forest being either Lame Sickly or else blinde they are not to be forced to appeare before the Lorde chiefe Iustice in Eyer of the Forest by this comon Sommons aforesaide Vide the Statute of Marlebridge An. 52. H. 3. ca 24. And all manner of persons that are of the age of 70. yeares and vpwardes they are not to be forced to appeare before the Lorde chiefe Iustice in Eyer of the Forest by this generall Sommons although that they do dwel within the Forest notwithstanding the wordes of the Statute aforesaide for they are prouided for by the Statute of West the Second Cap. 38. Vide the Statute of 13. E. 1 ca. 37 If any man that is dwelling within the Forest and the same person is imployed in the seruice of the King in some other place so that he could not by reason thereof appeare before the Lorde chiefe Iustice in Eyer of the Forest he may haue his writ called Warrantia diei for to excuse his apparance before the Iustice of the Forest If any Archebishop or Bishop haue lands within the Forest the said Archebishop or Bishop him selfe in his owne proper persone shal not be forced to appeare before the Lord Iustice in Eyer by reason of the general or comon Sommons Heskēt fo 8 and yet note the wordes of generall Sommons are these Precipio quod Sūmoneas per bonos Sūmonator ' omnes Archiepiscopos Episcopos Abbates Priores Comites Barones Milites et eorum liberi tenentes qui terram aut tenementa habent infra metas Forestae domine Regis c. But all spirituall persons are exempted to be compelled to be put in Iuries by the Statut of Marlebridge ca. 24. But yet their Frée tennants shal apeare by reason of this general Sommons An. 52. H. 3 ca. 24 if they do dwell within the Forest or else they shal be amerrid Also all Earles and Barrons which haue landes within the forest and they do dwell out of the Forest they themselues shal not be compelled to be before the Lord Iustice in Eyer of the Forest by this generall Summons Treherne in his reading page
8. but it shall suffice if their Frée tenentes do appeare there although the wordes of the writ be to Sommon the Earles themselues et eorum liberi tenentes as it doth appeare by Master Hesket in his reading fo 8. but Knights and â—l â—ther Free tenantes which do dwell within the Forest they shal be forced to appeare before the Lorde Iustice in Eyer of the Forest by this comon Sommons Master Hesket in his reading fo 8. or they shal be put in inquests there so shal not Earles Barons nor other Lords of high estate for they shall not bee compelled to bee sworne vpon enquâ—stes them selues for any maner of triall there And the lâ—ke Law is for wâ—men that are francke tenantes within the Forest for they them selues shall not be compelled to be put vpon any enquestes Furthermore the Seruantes of any man dwelling within the Forest shall not be compelled to appeare before the Iustices of the Forest by this general Sommons mentioned in this Statut for it shal be sufficient for the Master of such a Seruaunt him selfe to appeare and not his Seruaunt quia illi sunt sub manu pastu alterius coram Iusticiarijs nostris de Foresta But all Archebishopes Bishoppes Abbotes â—riors Earles and Barons and all other of what estate or degrée soeuer they be which doe claime any liberties freedomes preuilidges or other Free customes within the Forest they must appeare before the Iustice of the Forest by this generall Sommons to make their Claimes for the same or otherwise the same liberties freedomes and customes shal be seyâ—ed into the handes of the King for non Clamer of the same but they need not to appeare in properperson but by their Attorney All Râ—ghtes and those that be Free-holers which do dwell within the bounds of the Forest Vide ante fo 76 assisa Lancast and also all those that be franckâ—tenantes of any landes within the Forest and although they be Spirituall persons and do dwell out of the Forest yet they shal be compelled to appeare before the Iustice of the Forest at the generall Sessions of the Forest by â—hâ—s generall Sommons notwithstanding the wordes of the Statute are qui manent extra Forestam for although that they do dwell out of the Forest yet because that they haue landes within the Forest the lawe doth acompt them resiant where their lande is in that respect for otherwise the Sessions could not be holden What persons shal appeare in proper person and what persons by Atturney nor Iustice done in the tryall of liberties and other things there concerning the Forest And it is to be vnderstood that all maner of persons that do dwell either within the Forest or out of the forest if they are to appeare at the Iustice Seate or generall Sessions by any such Sommons in respect of their Landes that they haue within the Forest to serue there vpon inquestes then those persons are to appeare in proper person onely and not otherwise And all manner of persons which do appeare before the Iustice of the Forest to make any Claime there for any manner of liberties or priuilidges those persons may appeare there either in proper persone Those that do make any clame may appeare by Atturney or by their Atturny whether they will at their election I do finde by the assises and Iters of the Forestes of Lancaster and Pickering that men that are impleaded for trespasses which are done in the Forestes may make their apparance in foure sortes which are as followeth Somtimes In proper person By Attorney By Garden By Prochein amy IT séemeth by Maister Hesket in his reading of the Lawes of the Forest that vpon any Bill presentment or Indictment for trespasses done in the Forest the defendant may appeare by an Attorney or in proper person at his election to aunswer the same trespasse But I do thinke that he doth meane by that apparance by an Attorney to be at the Court of Attachementes or at the Swanimote Courte and not at the Iustice Seate before the Lorde chiefe Iustice in Eyre For as I do take it euery offender that is bounde to appeare there to aunswer any trespasse of the Forest he must appeare in proper person and not by any Attorney For although the same be but a trespasse yet in this trespasse the King is a partie 20. E. 3. and it is holden for Lawe in 20. E. 3. fo that in trespasse where the King is a partie the defendand must appeare in proper person and not by Attorney and so a difference is there taken And also all offenders that are bounde to appeare at the Iustice Seate which haue been presented at the Swanimote Courte before as they ought to be they do stand conuicted in Lawe so that they are then past aunswering of their offence in that place But if any trespasser in the Forest after the Courte of Swanimote was holden and before the Iustice Seat be kept haue done a trespasse in the Forest in Vert or Venison In proper person and the same being presented at the Iustice Seat before the Lord Iustice in Eyre of the Forest the same offeÌ„der hearing of it doth repaire to the same Iustice Seate and there doth appeare in proper person gratis he may then trauerse the same presentment if he will For as yet this shall not be saide to be presentatumper Forestarios et conuictum per viridarios By an Atturney vnlesse the same were done at a Swammot according to the ordinance of the Forest made in Anno 34. E. primi But in this case the defendant may appeare by an Attorney if he wil so by his Attorney he may be allowed his trauerse to the presentment against him If an Infant be impleaded for any trespasse of the forest before the Lord Iustice in Eyre of the Forest the same Infant may appeare in proper person at the same Iustice Seate Per Garden there declare vnto the court that he is an infant within age and pray the said Lord Iustice in Eyre that I. P. may be allowed his Garden to plead for him in this case which the courte wil allow him so to do or else in this case if the infant do not appeare himselfe in proper person but doth send the said I. P. which declareth vnto the court that William Blunt which is here impleded is an Infant within age and prayeth that he may bee receiued as his Garden to plead for him Then the Court will admit him therevnto And in like manner it is where an Infant hauing chosen his Garden Per procheine amy which Garden is sicke or otherwise will not or cannot appeare at the Iustice Seate before the Lorde Iustice in Eyer of the Forest to answer for such an Infant that is there impleaded before the Lord Iustice in Eyer of the Forest Then if the saide Infant doe appeare before the Lorde Iustice at the saide Court and there
lying within the great Couertes of the Forest where the wilde beastes haue their continuall haunte rest if he do conuert the same to tillage then the same is assartes also and shal be called land asserted But if the same Medow or pasture dolye within the Forest of the King and yet out of the great couertes of the Forest and the owner of the same doth plowe it and conuert the same Meddow or pasture into tillage A Wast of the Forest Now this is not assartes or land assarted but this is lande wasted and shall be called a wast of the Forest But a waste of the Forest is most properly where any man doth cutt downe his owne woodes within the Forest without licence of the King or of the Lord chiefe Iustice in Eyer of the Forest And if afterdwardes the same owner of the ground hauing so wasted the same as is aforesaide do digg and plucke vp the rootes of the same Wood Trees out of the ground and so make the same Couerte a plaine then that is assartes and shal be called land assarted And so you may sée that a man may make both assartes and wast vpon one and the selfe same peece of ground And note that the punishment of such offenders for assarting and wasting of their landes within the Forest is that they that are conuicted of those offences shall paye to the King gréeuous amercement for the same Some men doe holde an opinion that the difference betwéene Purpresture and assartes is that Purpresture is made vpon the Kings ground onely and assartes vpon the lande of another man But that is not so for a man may commyt Purpresture assartes also aswel in the landes and Woodes of the King as in the lands and Woodes of other men Carta de Foresta Artic. 4 And Econtraria Purpresture and assartes may be made aswell in the landes and Woodes of other men as in the landes and Woodes of the King And that is proued by the words of Carta de Foresta Articulo 4. where the king doth graunt that all the Subiects of the Realme shall haue their Woodes within the Forest as they had them before the making of the same Charter And also doth there graunt further vnto them a pardon for all Purprestures wastes and assartes made and done before the making of the saide Charter in their owne Woode For the wordes are there habeant boscos suos that is they shall haue their owne Woodes And afterwardes the wordes of the pardon are quod quieti sint imperpetuum de omnibus purpresturis vastis et assartis factis in illis boscis Then Ergo both Purpresture assartes also may be made in the Woodes and landes of other men aswell as in the lands of the King which is contrary to the opinion of Master Treherne in his reading And also of Maister Archer in his reading of the Lawes of the Forest Assisa Consuetudines Forestae Vide this Statute ante Pa. 23 in Latin and in English Pag. 36. which I do greatly maruell at For it doth also most plainly appeare by the assises and customes of the Forest made in Anno 6. E. 1. Articulo 4. in these wordes Si quis inuentus fuerit in dominico domini regis assertando vel purpresturam faciend'corpus debet reteneri si antem extra dominicum infra rewardum debet poni per 6. pledg c. By which wordes of the Statute it doth appeare First that assartes and purpresture also may be made and done in the demeasne landes and woods of the King and therefore the Statute hath an especiall manner of proceding and punishment appoynted for the same onely differing from assartes and purprestures that are done in the landes and Woodes of other men And Secondly that assartes and purprestures may be made and done in the landes and woods of other men also and therefore the same branch hath there set down a maner of proceding and punishment differing from the proceding punishing of those that haue made assartes and purpresture in the demesne woodes and landes of the King Then Ergo it is not the land of the king that doth make the difference betwéene assartes and purprestures seing that both assartes and purpresture are aswell in the landes of other men as in the landes of the King and so to conclude in both But surely the trewe difference betwéene purpresture and assartes in déede is this that purpresture is a wrongfull incroching of a new thing vpon the King only or vpon the King and a common person that was not before The difference betweene purpresture and assartes And assartes is the conuerting of any couert in the forest into earable land as if a man do destroy his woodes and digg them vp by the rootes and so conuert the same into tillage this is assartes as hath already beene shewed before The wordes of Carta de Foresta Articulo 4 are further Et de vastis purpresturis et assartis nobis respondeant NOw it is to be séene how the King shall be answered of such wastes assertes and purprestures and by whome And therefore first of al it is to be vnderstood that the king must be answered of such offences in this manner that is to saie when a man is indicted or presented in the Swanimote Coure of any such wastes purprestures or assartes and that the same is presentatum per Forestarios et duodecem iuratores et conuictum per viridarios and afterwardes when such indictmentes or presentmentes be certified before the Iustices of the Forest then they shall make out proces against such as be indicted as is aforesaide And when they doe come before the saide Iustices of the Forest by reason of such proces then they shall make their fine for the same offences that they doe stand so indicted of and attainted at the discretion of the Iustices of the Forest without any answer or trauers to such indictmentes because the same is a conuiction against them by the Law in that befalfe and is done by more then twelue men And when that the Iustice of the Forest hath assessid their fines for such offences then the same shal be estraighted into the Exchequer and therevpon the Barons of the Exchequer shall make our proces against them directed to the Shirife of the same Countie where they do dwell Libro Rubro Scaccarij and then the same Shirife shall aunswer the same fine vpon his acompt as it doth appeare in libro rubro Scaccatij and in this manner they shall aunswer vnto the King for such wastes purprestures assartes which are finable But some times it is otherwise of purpresture for that the same may be tollorated to stand still at the discretion of the Lorde Iustice in Eyer Vide ante Pa. 49. the case of my Lord Dier and so to be arrented and to paie yearely a certaine rent to the Quéenes Maiestie for the same And such a
wordes Regardatores nostri eant per Forestam It is ordained and appoynted that the Regarders shall goe through out all the Forest and then afterwardes in these wordes Ad faciendum Regardum It is shewed and declared to what end or for what cause they ought to goe through the Forest which is to make the regarde of the Forest And afterwardes the letter is further Sicut fieri consueuit tempore primae Coronationis Regis H. aui nostri non aliter In which wordes it is playnly set downe and declared vnto vs how and in what manner the Regarders shall make their regarde of the Forest which is according to the assises and customes of the Forest vsed in the time of King Henry the Second so that this braunch of the saide Statute doth not hereby ordayne or appoynt any new thing that was not before But this braunch is made for an affirmation of the lawe and vsage of the Forest that was vsed in the time of King H. 2. Now therefore it is necessarie here in this place to shew how and in what manner the lawe and vsage of the Forest was at that time vsed in making of the regarde of the Forest For the declaration whereof it is to be vnderstood that the inquitie and presentment of all the Articles aforesaid which are to be inquired of by the Regarders of the Forest the same shall be enquired of as they were wont to be enquired of at the time of the Coronation of King H 2. and that is euery third yeare as it doth appeare in the Assises of King H. 2. and then the same regarde is to be made but onely within the bounds of the Forest Assisa Forestae H. 2. C. 10. 17. for the saide Regarders ought not to enquire nor to present any thing that is made or done out of the boundes of the Forest nor yet out of the precinct of the regarde within the forest as it doth appeare in the same Assises of H. 2. Cap. 10. and 17. For it is there written that those that haue Woodes out of the regarde of the Forest where the wilde beastes of the King haue their haunt peace or rest Or any other man that hath landes or Woodes within the Forest and hath also this Priuiledge that those landes and woodes shal be out of the regarde of the Forest and that the same shall not be impeched for any cause yet in that case he or they that haue such a Priuiledge ought to haue a woodwarde there to keepe his woodes which woodwarde must also be sworne to the assises of the Forest that is Assisa Forestae H. 2 Vide Master Hesket fo 26. for the preseruation of Vert and Venison as it doth appeare by the same assises of H. 2. And if the Regarders doe enquire or make any presentment of any thing that is done in any such place Priuileged as is aforesaide then that presentment may be auoyded by the plee of the partie by pleading of that matter For the partie shall neuer bee punished vpon such a presentment if the verie trueth of the matter doe appeare of recorde vnto the high Court of the Lord Iustice in Eyre of the Forest And the same lawe is also if the Regarders of the Forest will make presentment of any Article that is not specified in dictis capitulis de regardo fiendo which is alwaies sent to the Shirife together with the writ when the regarde is to be made as aforesaide as if they do present that Iohn Astyle hath agisted his woodes or his demeasne landes before that the demeasne hedgrowes of the King within the Forest be agysted or that he hath taken any pannage contrarie to the assises of the Forest then that presentment is voyd without any plee if that it doe appeare vnto the Court by matter of record comprised within the same presentment that the thing of the which they haue made their presentmēt is not any matter whereof they had charge giuen them to enquire of or to present And if the regard of the Forest be made by the Regarders that are elected by writ and yet they haue not any writ to make their regarde when they do make the same but they doe make their regard of the Forest of themselues voluntarily Presentment per le Regard sans authoritie est void within the tyme of thrée yeares that is to saie euerie yeare that regard and also the presentmentes made by the same regarde against any person are also voide and the partie against whom any such presentment is made may discharge himselfe of that presentment by plee But such a presentment and inquirie made by the Regarders which were once elected and chosen although that they doe make their regarde euerie fourth yeare or euerie fifth yeare it is good sufficient in lawe and the same shall binde the partie to the punishment notwithstanding that euerie such presentment and regarde by them made was not by a commaundement directed to the Shirife as aforesaide For when the Regarders are once elected by writt and Sworne then they may hold their regard according to the assises of the Forest that is to saie euerie third yeare ex officio without any new writ precept or comaundement But if any of them be dead so that there are not the whole number of 12. Regarders lyuing then they ought to haue a writ as is aforesaid to chuse newe Regarders in their places to make vpp the full number of 12. Regarders againe before that they can make their regarde of the Forest And so in like manner it is if the King by his letters patens doe make one or more Regardors to fill vp the number of 12. Regarders againe they cannot ex officio make the regarde of the Forest without such a writ vt supra Les Regarders ne point faire lour regard del Forest si non que ils soint Iure directed to the Sherife for the Sherife by the authoritie of that write must sweare the Regarders as is aforesaide and they cannot by the lawe make the regarde of the Forest before that they be sworne for if they doe then their proceding therein is voyde quod nota The letter is further in the 6. branch of the said Statute as foloweth vz Inquisitio vel visus expeditatione canum existentium in Foresta nostra de cetero fiat quando fieri debet regardum scilicet de tercio anno in tertium annum Carta de Foresta cap. 6. By which words of the said Statute there are two things especially to be noted First that the regard of the Forest ought to be made euery thirde yeare Secondly the time when all the Dogges in the Forest ought to be viewed whether that they be expeditated or not and then all the Dogges that are found to be vnexpeditated they must be expedicated according to this law And this is also to be done euery thirde yeare when the Regarders do make their regard
shall be kept within this our Realm but thrice in the yere First the xv daie before Michaelmas when that our Agystors of our Woods do came together to take agistment in our demeasne Woodes And about the feast of Saint Martin in Winter 1. How often the Swanimot shal be holden in a yeare 2. At what daies in the yeare they shal be holden 3 What officers shal be there 4 At what place the same shal be kept when that our Agistors shal receaiue our pawnage and to these two Swanimotes shall come our Foresters Verderors Agistors and none other by distresse The third Swanimote shal be kept in the beginning of 15. daies before the feast of Saint Iohn the Baptist when that our Agistors do meete togeether to hunte our Deare And at this Swanimote shall meete our Foresters Verderors and none other by distresse Yet neuerthelesse it is to be vnderstood that as the lawe is nowe at this daie all the officers of the Forest ought to appeare at euery Swanimote as the Verderors Regardors Agistors Woodwardes and all other persons within the compasse of the Forest which are free holders and also de qualibet villa et villata quatuor homines et propositus that is to saie of euery Towne and Village within the forest the foure men and the Reue for although that this Statute of Carta de Foresta were made in the negatiue of the Law and vsage that was before the time of the making of the same prohibiting thereby that no other person but onely those before recyted shal be compelled to come to the said Courtes of Swanimote by distresse yet that lawe is nowe alterrd by a later Statute made in Anno 34. Edwardi primi called Ordinatio Forestae Vide le briefe de Sommons hic anre pag. 155 Vide Assisa Forestae art 7. And also by a Statute made in Anno 1. Edward 3. Caput 8. For the wordes of the Statute of 34. of Edward 1. are these vz First we haue decreed for vs and our Heires that of trespasses hereafter to be done in our forestes of gréene hugh of hunting The foresters within whose bailiwikes such trespasses shall happen to be committed shall present the same at their next Swanimote before the Foresters Verderors Regardors An. 1. E. 3 c. 8. Hicante Pag. 41. nota ibideÌ„ 24 Agistors and other ministers of the same forest And vpon such presentments there before the Foresters Verderors and all other ministers aforesaid by the othe aswel of Knights as of other honest and lawfull men of the nearest parts where the trespasse so presented shal be done not suspected by whome the truth of the matter may be fully inquired of and the trueth so inquired of the presentments shal be solemply affirmed and sealed with their Seales by the common agreement and assent of all the ministers aforesaide And if the indictment bee made in any other manner the same shall be vtterly voide So that now it doth appeare by this later statut that the foresters Verderors Regardors Agistors and all other ministers of the forest And also the freeholders and other honest and lawful men of the forest must of necessitie appeare at the Courtes of Swanimote according to this latter Statute for otherwise the endictmentes that are there made against trespassers of the forest are voide for all the officers of the forest must affirme the same endictment and the partie endicted must be indicted before all the officers of the forest Then Ergo all the officers of the forest must of necessiâ—ie by this Statute come to the Swanimote Courte And there also must be at the Courte of Swanimote the freeholders of the forest and other good and lawfull men for to make enquestes iuries there for the presentments there by the words of the Statute aforesaide must be made per sacramentum tam militum quam alioruÌ„ proboruÌ„ et legaliuÌ„ hominum de partibus vicinoribus vbi c. Then Ergo there must be fréeholders other honest men of necessitie notwithstanding the wordes of the saide Statute of Carta de Foresta aforesaide and therefore although that the same Statute doth speake but of thrée sortes of officers that is to saie of foresters Verderors and Regardors that are compellable to come to the Court of Swanimot by distresse And also saith further Et nulli alij per districtionem Yet notwithstanding the Regardors Woodwardes and all other officers of the forest And also all the free-holders within the forest and the foure men and the Reue of euery Village within the forest must come to the saide Courtes of Swanimote and giue their attendance there for if any of them do make default at any Court of Swanimote that is holden within the forest euery such defaulter shal be amerced for the same default the same amercemeÌ„t shal be estreighted out of the chiefe Warden of the Forest to leuy the same by distresse and so by this meanes euery person that ought to giue any attendance at the Courts of Swanimote shal be compelled to come to the said Courtes of Swanimote by distresse notwithstanding the letter of the Statute aforesaid The letter is et nulli alij per districtionem NOwe it is to be séene what is ment by this word per districtionem And for that it is to be vnderstood that if any of the officers of the Forest or others which ought to giue any attendance at the saide Courtes of Swanimote and they will not come to the same but doe make default there then that default there shal be enrolled in the rolles of the saide Court of Swanimote and vpon that inrollment the Verderors and the Stewarde of the Swanimote or his Clarke or deputie there by the Othe of the other officers of the same Courte those which doe make default shal be amerced and that a mercement there shall be assessed also and estrayted presently to the chiefe Warden of the forest or to his deputie or to the Bedel of the Forest which is an officer to goe throughout all the Forest What is ment by this worde distresse lyke vnto the Shirifes speciall baylife to be leuied by distresse But in this case the Verderors may chuse if they will whether that they will so estreat the saide amercementes vpon the defaulters presently by distresse as is aforesaid or else to certifie those defaultes in their rolles before the Iustices of the Forest then the Iustices of the Forest will cause writes to be made out to the chief Warden of the Forest or to the Shirife of the Shire where such defaulters doe dwell to leui those said amercements by distresse or else the Verderors if they will may certifie those defaultes into the Court of Exchequer before the Barons of the said Court of Exchequer and then therevpon the Barons of the Exchequer will cause proces to be made out to the Shirife of the Shire to leuy the saide amercementes by distresse And there