to do profitable labours by the discrecions of the driuers aforesaid or of the more number of them Vnprofitable beastes to be killed than the same driuer or driuers shall cause the same vnprofitable beastes and euery of them to be killed the bodies of them to be buried in the ground or otherwise bestowed as no noyance therby shal com or grow to the people there néere inhabiting or thither resorting And it is c. that the Iustices of peace in euery shire ridyng and other place in their quarter sessions to be kept and holden by vertue of the kings commission of the peace to them directed and al stewardes of letes lawdaies in the same letes lawdaies shall haue authority by this acte to enquire of all defaultes contempts omissions and offences contrary to the effects aboue written and euery of them And all presentments thereof to be found in any of the said letes and lawdayes shall be certified by the stewarde or deputie steward or courtholder of the same lete or lawdaye in the next generall sessions of the peace to bee holden in the Countie where such presentment shal bee found or had or vnto the Custos Rotulorum of the same Shire within fourty dayes next after that presentment made which Iustices of peace in their quarter Sessions of the peare shall haue power and authoritie by this acte to heare and determine euery such presentment before themselues found or in any of the saide letes or lawdaies to be presented and certified as is aforesaide as well by examination as otherwise and if any such steward deputie steward or courtholder aforesaid inbesyl or conceal any such presentment or do not certifie the same as is afore written euery of them so offending shall forfait and lose for euery such offence xl.s. the one half of euery such forfeiture and of euery other of the forfeytures afore written to be to the king and the other halfe to the person or persons that will sue for the same before the said iustices of peace in their said quarter sessions by byl or information which Iustices shall haue full power and authoritie by vertue of this act to heare and determine euery such offence aswel by examinacion as otherwise as is before mencioned And be it further enacted by the authoritie aforesaide that no person or persons after the feast of saint Michael the archangell next comming shall haue or put to pasture any horse gelding or mare infected with scabbe or maunge in to or vpon any of the said forestschases moores marishes hethes commons wast groundes or common fieldes vpon paine to forfait for euery horse gelding or mare so infect pasturing in any of the said groundes ten shillings which offence shal be inquirable and presentable before the stewarde in euery lete as other common annoysance be And the forfeiture therefore to be to the Lord of the same lete where the saide offences shall be presented Prouided alway that this act or any thing therein contained shall not extend nor be preiudicall to any person or persons hauing any stoned horse or horses vnder the heightes altitudes aboue mentioned for or cōcerning the hauing or putting any of the saide horses to féeding in or vpon any cōmon or other waste grounds where any mares or fillies be not vsed nor suffered to be fed pastured or kept An. 32. H. 8. cap. 13. Assia de Woodstock ANd note that by the Lawes and statutes of the forest called the statutes of Woodstocke no forester shall walke or make any attachment for matters of the forest except he be a forester sworne for the wordes are these Nec aliquis aliqem attachiat nisi sit forestarius Iuratus that is to say neyther shall any forester attache another man but he that is a forester swarne And also it appeareth by some statutes that no man ought to remaine and abide within the forest being of the age of xii yeres and vpwards but he ought also to be sworne to be trewe vnto the Quéenes Maiesties game of the forest for the wordes are these Omnes etatis duodecem annorum manens in foresta pacem venationis sue Iurent Et clerici laicum feodum tenentes pacem eius Iurent which is that euery man of the age of xii yeares shall sweare the peace of hunting of the beastes of the forest and also Clergimen hauing Lay fée shall likewise sweare the peace of the Quéenes Maiesties wilde beastes of the forest And now for as much as it appeareth by those Lawes that the Inhabitantes and dwellers within the forestes ought to be sworne to bee of good behauior towardes her Maiesties game much more then ought those that are officers of the forest as verderors Foresters Woodwardes and Raungers which haue charge of her Maiesties game especially to be sworne for otherwise by collour of their office they might spoyle her Maiesties game and destroy the same wherefore to the end that those othes may the better be administred vnto such officers by those that haue authoritie thereunto and likewise obserued and kept by them that are compellable by the Lawes of the forest to take the same I haue collected their seuerall othes out of the auncient presidence of forest Lawes and set them downe as hereafter followeth The othes of the seuerall officers of the Forest The othe of a Woodward YOw shall trewly Execute the office of a Woodward of B. Woodes within the forest of W. so long as you shal be woodwarde their you shall not conceale any offence either in Vert or Venison that shal be cōmitted or don within your charge but you shall trewly present the same without any fauoure affection or rewarde And if you do see or know any malefactours or do finde any Déere killed or hurt you shall fourthwith do the Verderors to vnderstand thereof And you shall present the same at the next Court of the forest be it Swanimote or Court of attachments so helpe you God The othe of a Raunger of the Forest YOw shall trewly Execute the office of a Raunger in the purliewes of B. vpon the Borders of the kings forest of W. You shall rechase and with your hound driue backe againe the wilde beastes of the forest as often as they shall raunge out of the same forest into your Purliewes You shall trewly present al vnlawfull hunting and hunters of wild beastes of venerie aswell within the purliewes as within the forest And those and all other offences you shall present at the kinges next Court of Attachementes or Swanimote which shal first happen so helpe you God The othe of a Forester or vnderkeeper in the Forest YOw shall trewly Execute the office of a forester or kéeper of the kinges wilde beastes in the walke called P. within this forest of W. Yon shal be of good behauior your selfe towardes his Maiesties wild beasts the vert of the same forest Yow shal not conceale the offence of any other person either in
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
c. et que le keepers ont garde le deere et le boys per idem tempus Et que del second iour de Iulii tanque le xiiii iour de mesme le mois 22. sauages fueront tues per persons disconus in negligence le pleintife Et hoc c. Yong Per negligence del officer lannuitie et loffice est extinct Et per Choke Iustice si Seneschall ne tient les courts ou ne eux tient pur le profit del seignior cest forfeiture de son office Newton Iustice Parker nē tenus de gard le parke chescun iour ne demaine iour ne festiuall iours mes serra al deuine seruice ne in le nuit ne degarder ceo contra vi ou viii hōes car vltra posse Et garden de prison que permit wilfull escape cest est forfeiture de son office mes escape in le nuite nest que negligence del officer quere inde Arderne plus est in le plee que ne besoigne s adire que les keepers ont garde le deere le boys in le parke Car ceo est intend en le ley Et tenetur quod neglexit custodire nest bon issue Car neglexit est adinier Yong il non custodiuit parcum per 12 dies vt supra Danby cest est le meliour pleading Et nota que est communiment dit quod quel ley est de Parker mesme le ley est de forester del vn forest Et in Anno quinto Edwardi quarti fol. 5. Anno 5. E 4. fo 5. Br. forfecture 55. Le case fuit aiudge que si Parker ne gard le parke tali die per que le deere sont occise per persons disconus ceo est forfeiture de son office pur ceo fuit le negligence del keeper del parke Et semble mesme le ley del forester del forest car il ad mesme le charge del dames come parker ad in son parke Et in Anno 11. H. 4. fol. 1. fuit tenus per Vauisour An. 11. E 4. fo 1. Br. forfecture 61. non attendance sur office per lofficer est forfeiture Et idem de fesans contrarie a son office Et idem de misfesans de son office que il ne fait droit al parties Et idem sil foit demaund pur vener de faire son office et ne vient et vide tiel matter 20. E 4. fol. 6. 20. E. 4. fo 6. Br. Forfecture 115. que officer que ne voit vener a faire son office forfeitera son office The Lord chiefe Iustice of the Forest hath an absolute authoritie appointed vnto him to determine of offences that are committed and done within the Queene Maiesties Forestes either in Vert or Venison And the same offences are to be determined before him and not before any other Iustices except those that are appointed by her Maiesties Commission vnder the great Seale of England to aide and assist the said Lord chiefe Iustice in that place as it doth appeare by the Statute of Carta de Foresta Cap. 16. in these wordes as followeth Charta de Foresta ca. 16. NVllus Constabularius Castellanus vel balliuus teneat placita de Foresta siue de viridi siue de venatione sed quilibet forestarius de feodo Attachiat placita de foresta tam de viridi quam de venatione et ea presentet viridarijs prouinciarū et cum irotulata fuerint et sub sigillis viridariorum inclusa presententur capitalibus Iusticiarijs nostris de foresta cum in partes illas venerint ad tenendum placita de foresta coram eis terminentur Has autem libertates de forestis concessimus omnibus c. By which words of the statute coram eis terminentur doth exclude any other Iustices to heare and determine the said offences of the Forestes but onely the Lord chiefe Iustice of the Forest and those that are in Commission appointed with him to aid and assist him For the statute is in the negatiue of the common Lawe and doth restraine all other Iustices and saith coram eis terminentur and in that sence the Statute is taken by the learned Iudges of the common Lawe For in Anno. 21. H. 7. fo 22. the case was such Anno. 21. H. 7. fo 22. nota 8. En trespas de malefactoribus in parcis et Count que le defendant intrauit in quandam Forestam et loppinion del court fuit que cest accion ne gist mye si non sit pur mis-fesans in parcis Car le statute de West 1. cap. 20. est cantsolement en Parkes et ceo serra pris stricte Issint le punishment que est done pur male fesans in forestes est punishable per lestatute de Charta de Foresta et nemy en auter maner c. By which case there are two things to be noted that is to saye First that the statute de malefactoribus in parcis doth not extende to a Forest Stat. Westm 1 cap. 20. de malefactor ' in Parcis for that a Forest and a Parke are two distinct things at the common lawe and therefore that statute that was made to reforme iniuries done in the one doth not extend to any hurtes done in the other The second is that by the said case it doth appeare Charta de Foresta ca. 16. that by the construction of the statute of Charta de Foresta made for offenders in the Forests they are to be punished according to the same statute and not in any other manner as it doth there more plainly appeare And in Anno. 21. H. 7. fol. 30. nota 7. 21. H. 7. fo 30. nota 7. the case was as followeth Endictment de occiser de vn Hart proclame troue deuaunt Iustices de peace et lenditement fuit challenge pur ceo que il ne monstre en lendictment en quel lieu le proclamation fuit fait Et auxi il ne monstre en quel lieu il fuit occise car si fuit occise hors del boundes del forest il est loyal a luy de luy occiser fuit dit per seigniour Fineux que il puit pleder cest matter al iurisdiction del court pur ceo que les Iustices del forest determiner cest matter c. By which case there are sixe things especially to be noted 1 First that euery Indictment against any offendor for offences done in the forest must be certaine concerning the thing it selfe for which the offendor is Indited as to shew that it was for killing of a Hart and also to shew where he was proclaimed a Hart. 2 Secondly that it must be certaine concerning the place where the offence was done for that the killing of the Hart within the forest or without the forest doth make the same killing an offence or no offence therefore it must be shewed in the Indictement certaine Et vide le case 12
in the title of Swanimotes And as touching that matter it is to be noted that whosoeuer is indicted in the Swanimote according to the due course of Lawe in that behalfe prouided he standeth by the same indictment conuicted and shall not per assisas forestae trauers any such indictment The forme of an indictment in the Swanimote Note the wordes of a presentment in the Swanimot are Presentatum est per forestarios et duodecem iuratores et coÌ„uictum per viridarios And the wordes of a presentmeÌ„t in the court of attachmentes are Presentum est per forestarium tantum Assisa Foresta de Lancaster fo 11. Vide the statuit called Ordinatio Forestae anno 34. E. primi In what maner offendors shal be indicted in the Swanimote for the entrees of the recordes there are thus presentatuÌ„ est per forestarios et duodecem iura warde predict ' et conuictum per viridarios quod A. B tale die et Anno intrauit forestam de P. cum arcubus et sagit is et ibmÌ„ versauit vnam Damam ad mortem et carnes cepit et inde fecit voluntatem suam Et testatum est per vicecomÌ„ quod prâ—dicta A B. non est inuentus nec aliquid habet in Balliua sua per quod attachiari potest nec prius se reddidit nec scitur quo deuenitur ideo exigatur de comitatum comÌ„ quosque c. vtlagetur si non comparuerit et si comparuerit tunc vicecomes eum capiat et saluo c. ad satisfacienduÌ„ domino regi de traÌ„sgressione predicta vnde per forestarios viridarios et alios ministros coÌ„uictus est by which forme of presentmentes you may perceiue that the offences in Swanimotes are presented there by the foresters the twelue sworne men the offendors therof are coÌ„uicted by the verderors so that an indictmeÌ„t against an offeÌ„dor in the forest for any offence there being taken found against him in the swanimote the same is a coÌ„uiction in law against him that is such an offeÌ„dor so that he shall not by the lawes of the forest trauerse any such indictment But it is to be noted that all inditements or presentments which shal be made by the foresters the Iurie or twelue sworne men against any offendor for any offence done in the forest in Vert or Venison before the Lord Iustice in Eyre of the forest at his seate or sessions of the forest are trauersable per assisas forestae as it was adiudged by the whole bench at the Iustice seate holden at Waltham holy Crosse in the countie of Essex Anno. Elizabethe 24. before the good Earle of Bedford then Lord Iustice in Eyre of all her Maiesties forestes on this side Trent in Iuly Anno Regni Elizabethe the xxiiii where cercaine indictments were presented there by the foresters and the Iury against Iohn West William Fiswike others and they were all trauersed because they were not presented at a Swanimote Furthermore it is to be vnderstand A trespasser in the forest shal be outlawed for his offence as maister Hesket in his reading of the Forest doth affirme fo 19. that there is also a maner of proceeding against offendors in forests by way of outlawrie as if any man be indicted for an offence in the forest the offendor do dwell in an other countie out of the forest so that he cannot be attached for the same offeÌ„ce by the foresters then the same offendor may be outlawed for his trespasse and the proceeding therein against such an offendor is in the verie same manner as it is at the common lawe for as at the common lawe he that is outlawed for any maner of trespasse the order is that he must at fiue seueral counties be exacted or proclaimed and then after that he is quinque exactus or fiue times proclaimed Maister Fleetwood in his collection of the forest lawes fo 8. Maister Hesket in his reading fo 16. then the coroner for his contempt in not appearing doth giue iudgement that he that is quinque exactus in that manner shal be out of the Quéenes Maiesties peace and so taken as an outlawe and then such a person is fully outlawed EueÌ„ so is it per assisaÌ„ forestae for he that is to be outlawed for any offence in the forest must after the verie same manner be proclaimed as it is vsed at the common law and then when such an offendor is quinque exactus he is fully outlawry An outlawed person shall forfect his goodes cattelles and the profites of his landes by that outlawry the Queenes Maiesty shal haue the forfecture of his goodes cattailes also the profits of his landes that is so outlawed by inquisition of the sherif the coroners also al they that are indicted in the Swanimote by these wordes Quod sunt comunes malefactores de venatione domini regis in foresta c. shal be pursued according to the foresaid president And furthermore it is to be vnderstand that if the Verderors at the Iustice seat doe make default then they shal be amerced for the same default and distrained by theire landes to bring in their rolles Assisa foresta de Pickring fo 8. note that by the statute of Carta de Foresta articulo 16 articulo 10. it doth appeare that euery offender in the forest after that he is acquite of the offence yet he must be bouÌ„d to the good behauiour of the forest euer afterwards Itinere Lancast fo 6. indictmentes and other munimentes that doe concerne the forest and he that is indicted either for Vert or venison and hath put himselfe for the same into the kinges mercie and hath paide his fine and rawnsome for it then the same offendor per Assisas forestae shall put in mainprise by foure sewerties that he shal be euer after of good abearing in the kinges forest And it is to be noted that althoughe by the forest lawes and also by the statuit of Anno 34. Edwardi 1. it doth appeare puodque ministri qui ponendi sunt ponantur sicut hactenus fieri consuevit exceptis viridarijs qui per electionem et per breue nostrum deputabuntur yet notwithstanding if it so do chaunce during the Iustice seate of the forest either the verderor is so sicke that he cannot attend at the Iustice seate at that time or that he is dead Then there may be a new verderor chosen without any writ in that case in the presence of the Iustice of the forest by the ministers of the same forest by others of the fréeholders there and this kind of election is good in lawe as it doth appeare in the assise of the Forest of Lancaster fo 6. Touching purprestures made in the Forest In Assisa Lancastri fo 6. Hedges of iiii foote high are contrarie to the assise of the Forest Itinere Lancastri fo 6 THe assises of the forest are that
per alios probos et legales homines c. And thus you may see it is in the election of the Iustices whether the ministers with others may bee impanelled qd'nota to enquire if there be any president that the Countrie hath tried any title of claime without the Ministers of the Forest c. Woodwardes may not walke with Bowe and Shaftes Woodwards Pickering f. â—â— but with Forest billes quod nota The Courtes of the Forest FIrst it is to be vnderstood that there be thrée principall and chiefe Courtes vsually kept for matters of the Forest that is to saie the Court of Attachementes the Courte of Swanimote and the highe Courte of the Lord Iustice in Eyre of the Forest commonly called the Iustice seate And these thrée seuerall Courtes are of thrée seueral natures as at large hereafter it shal appeare wherefore to the entent that the saide Courtes may the better be known euerie one in his own proper nature I haue here set them downe placed each one of them in his owne place and degrée as they are together with their seuerall authorities and procedings as you may sée hereafter And because the said court of Attachmentes is the meanest and lowest Court of them all For that that in the said Court of Attachments the officers there do nothing but receiue the Attachments of the Foresters and inroll them in the rolles of the verderors to haue them in a readines against the time of the kéeping of the Court of Swanimote And for that the saide Courte of Attachmentes cannot determine any offence or trespasses of the Forest The Court of Attachmentes first If the value of the same trespasse be aboue the value of iiii pence but that the same offence trespasse if the vaue be more then foure pence must be by the saide Verderors inrolled in their roll so to be sent from thence to the Swanimote to haue an orderly tryall of the same there according to the Lawes of the Forest Therefore I haue placed the same Court first of all because that the greatest part of all the presentmeÌ„ts do first begin there also because that when offences and trespasses of the Forest are presented by the Foresters in the saide Courte of Attachmentes before the verderors of the Forest and that they haue entred them in the rolles and recordes of the Forest then the same Court cannot there procede any further therein neither is that proceding by them as yet any conuiction against the offender in those offences but that he that is such a trespasser may yet trauerse the same presentment that is against him vntill that the same haue passed the Swanimote Court of the Forest so that such trespasses as are presented at the Court of Attachmentes must of necessitie procede from thence to the Court of Swanimote before that the offendors and trespassers may be punished or stand conuicted as guilty in law of theire offences The Court of Swanimote next vnto it Therefore I haue placed the Court of Swanimote next vnto the saide Courte of Attachmentes as a Court that is higher then the Court of Attachmentes and yet more lower or inferior then the high Court of the seate of the Lord Iustice in Eyre of the Forest For when the presentmentes of the Courts of Attachmentes as afore saide and also all other presentmentes of the Swanimote Courte haue had theire procedings in the same Courte according to the assises ordinances of the forest that all the trespasses of the forest are there presentat ' per Forestarios et duodecem Iuratores et conuict ' per viridarios as they must be of necessitie by the law yet cannot the same Court of Swanimote then determine the same trespasses or assesse any fine for any such offence or giue iudgement thereof any other then that the saide offendors are conuicted thereof as is aforesaid But the same presentmentes Indictmentes and conuictions must be deliuered to the Lord chiefe Iustice in Eyre of the Forest at the Iustice seate the first day of the same seate when they are called for according to the ordinance of the Forest made in Anno Tricessimo quarto Edwardi primi orticulo 1. And according to the assises customes of the Forest made in Anno 6. Ordinatio Foresta articulo 1 Assisa consuetudines Forestae artic 19. Charta de Foresta artic 16. Edwardi primi articulo 19. And according to the forme of Carta de Foresta articulo 16. In these words Et ea presentet viridarijs prouinciarum et cum irrotulata fuerint et sub siggillis viridarior ' inclusa presententur capitalibus Iusticiar ' nostris de Foresta cum in partes illas venerint ad tenend'placita de Foresta et coram eis terminentur so that it doth appertaine only vnto the Lord chiefe Iustice in Eyre of the Forest at the high Courte of Iustice seate or generall Sessions of the Forest to giue iudgement of all offences and to assesse the fines and to punishe the offendors And because that all the procedings of the two other Courtes are as nothing before that they doe come to the Iustice seat of the Forest to receiue their Iudgement The seat of the Lord Iustice in oyer of the Forest is the highest Court The Courts of Attachements and Swanimote are but hands to the same Therefore I haue placed that Court last of all as the principall head and the most highest Court of the Forest vnto the which Court the Courtes of Attachmentes and Swanimotes are but as it were two hands to deliuer matters vnto it to receiue Iudgment thereof from thence The Court of Attachements of the Forest IT séemeth that in times past before the making of the great Charter of the Forest the Courtes of Swanimotes were holden and kept more oftener then they be nowe And also oftener then thrée times in the yeare at the will and pleasure of the chiefe officers of the Forest Carta de Foresta cap. 8. and not at any certaine time knowen And therfore the Statuit of Carta de foresta caput 8. in these words Nullum Swanimotum de cetero teneatur in regno nostro nisi ter in Anno doth prohibit that no Swanimote Court shall be holden or kept after that time any oftener then thrice in the yeare And that Statuit doth there set downe farther what officers shal be compelled of necessitie to be there at euerie one of the saide Swanimotes and also at what daies and times of the yeare the same shal be kept In what place the Swanimot shal be kept and in what place viz. predicta autem Swanimota non teneantur nisi in com' in quibus teneri consueuerunt And then last of al after that the same statuit hath so prohibited that the said Court of Swanimot shal not after that time be kept any oftener then thrée times in the yeare as is a fore saide and hath there set down the daies when
breach of the kings frée chase and therefore you shall do vs to weet 34 Item if there are any manner of rentes or seruices wax or hony due to the king or any of his officers of this Forest that are now behind or withdrawen by whome how long what it is what dammage it is to the King You shall also do vs to wite 35 Item if there be any man that dwelleth about the borders of the Forest which keepeth any strange Greyhound and wayteth when the Kings Deare are out of the Forest and foresetteth the same Deare so that they may not returne home againe and so by that meanes are slayne or hurt ye shal present who he is and who oweth the Greyhoundes that he may be punished for the same accordingly 36 Item if there be any person within the iurisdiction of this Court that keepeth any hounds or Greyhoundes that may not dispend xl s. by the yeare of freehold ouer and aboue all charges according to the Statute which hunteth in the Purleuy as of his owne authoritie you shall present his name the tyme and what dammage he did to the King in diminishing the game at such hunting 37 Item if any Purrely hunter Puraley hunt oftener than thryse in a wéeke or before the Sunne rysing or after the Sunne setting or with other than his owne menyall seruaunts The defence moneth is xv dayes before Midsummer and xv after Puraley or otherwise on Sundayes or in the fence Moneth which is the time of Fawuing and that is accounted xv dayes before Midsommer and xv dayes after Midsommer 38 Item if any Purluy hunter at any time forestall the kings Deare whether it be with dead Hay or with quicke for they ought to let runne at the tayle of the Deare otherwise it is finable as if he did hunt in the forest 39 Item Puraley if any person haue made any Coppies or closure of Purluy in estrayteng of the kings Deere from the Forest to the hurte of the owners or do pinne the beasts of any commoner out of the shire and not put them in open pounde in the Country whether it be in Pawnage time or not you shall do vs to wéete 40 Item if any man gather any Acornes or Crabbes in the Forest and do make sale of them at marketes or else where to the hurte of the commoners and the kings beastes of the Forest ye shall doe vs to weete 41 Item if any man haue stopped or strayted any Church-way Puraley mylle-way or other waies in the Forest or Purleu to the common nusance of the kinges free people and to the hurt of his Deere you shall doe vs to weete thereof 42 Item if any man haue any Milles within the forest which are not repaired as they ought to be you shall do vs to weete Puraley 43 Item you shall present all the Waifes and Straies which hath bene and happened since the last Courte within the forest 44 Item if any man take any agistment in the forest or purleu to the hurt of the kings Deare and the Commoners there you shall do vs to weete 45 Item if there be any man that doth surcharge the common with any manner of Cattell or otherwise more then the law doth suffer acording to the quantitie of his tenure or graunt you shal do vs to wete and of these and al other that you do know to be any offence either in Vert or Venison or against the Lawes of the forest you shall inquire thereof and present the same And there are also many other things to be inquired of which cannot be done without inquest which must be by the suters to the courte and when they are there presented they shal be sealed with the seales of the ministers aforesaid and sent before the Iustices of the forest to the Sessiones And if the presentments be not certified in this order they are void as is aforesaid And thus endeth the Charge The high Court of the Lord chiefe Iustice in Eyre of the Forestes commonly called the Iustice Seat of the Forest FOr as much as the Court of Attachements called the fourtie day Court or Wood-mote and also the Court of Swanimote haue alreadie béene spoken of briefely and also the procéeding in those two Courts against such as are offenders in the Forest in Vert or Venison And for that it appeareth that by the Lawes of the Forest all the procéedings of those Courts for the greatest offences done in the Forest are as nothing vntill such time as they are presented to the Lord Iustice in Eyre of the Forest at the Iustice Seate because that although the offences and trespasses of offenders be presented in the said Court of Attachements And that afterwardes vpon the same presentments the offenders be indicted at the Court of Swanimote according to the Statute of An. 1. E. 3. cap. 8. and according to the Statute called Ordinatio forestae Yet cannot either of the saide Courts of Attachements or Swanimote giue any iudgement of those offences or assesse any fines for the same for that doth appertaine onely vnto the Lord Iustice in Eyre of the Forest to doe at his will and pleasure at the said Court of Iustices Seate And therefore all those Rolles of all such offences as haue passed the court of Swanimote and the Court of Attachements are to be sealed vp with the Seales of the said Verderors and they are to keepe the same Rolles vntill the Iustice Seate and then they are to present the same vnto the Lorde Iustice in Eyre of the Forest And if the said Verderors do not there appeare to bring in their Rolles the first day of the same Iustice Seate then there shall foorthwith go out a write to the Shirife to sease the lands of the said Verderors into the Kings hands vntil such time as they shal come before the Lord Iustice in Eyre and bring in their Rolles as it shall appeare hereafter by sundrie auncient Presidents of the Assises of the Forest And it is to be noted that before the lorde Iustice in Eyre of the Forest do keepe this high Court of Iustice Seate when he hath receiued the Kings Commission for that purpose then the Lord Iustice in Eyre doeth make out his warrant or precept to the Shirife of the same Shire within the which the Forest is where the Iustice Seate shal be holden The Tenor of which write shal be shewed hereafter thereby commaunding the same Shirife to sommon by sufficient sommons all the Archbishops Bishops Earles Barons and Knights and their free tenants which haue any lands or tenements within the bounds of the Forest of our Soueraigne Lorde the King called the Forest of Windsor and also of euery towne and village within the bounds of the same Forest to sommon foure men and the Reue and also to sommon of euery ancient Borough within the bounds of the same Forest xii good and lawful men and also all other free
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
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
prayeth that Iohn Astile may be receiued for him as his ProchenaÌ„my to plead for him the Courte will receiue him therevnto But it séemeth that al those that are mainprised or bailed vntil the general Sessions of the Forest they must of necessitie appeare in proper person before the Lorde Iustice in Eyre of the Forest And not by Attorny nor by Garden nor by Prochen amy by reason of the said generall Sommons If a man attached for a trespasse of the Forest do finde pledges to appeare at the nexe generall Sessions or Eyer of the Forest there aswell the Pledges as the defendant ought to appearâ— quia principales debitores et plegij sunt equales ad debitum regis sâ—d aliter est de alijs debitoribus M. Hesket f. 11 and if the Pledges to such a trespasse do appeare by comon Sommons but not the defendant him selfe then the Pledges shall be imprisoned for that default of the defendant vntill that they haue made fine for that default of the defendant The differeÌ„ce betweene a fine and a mercement But otherwise it is if the defendant himselfe do appeare and be reâ—dy in the Court before the Lord Iustice in Eyer to receaiue his iudgement to pare his fine But if such Pledges doe make default in that case the Pledges shal be amerced but not fined But if the Pledges that be Pledges for him be bound in a certaine summe of Mony for the apparance of the defendant then if the defendant do not appeare him selfe at the generall Eyre of the Forest by the comon Sommons although that his Pledges do appeare there do also aledge some reasonable excuse for him yet notwithstanding those Pledges haue forfected the summe that they were so bound in by reason of his default But the King in that case shal not haue execution against them of that summe presently but onely a Scire facias against those Pledges to aunswer the King Sâ—rien point dire whie the King should not haue execution of the saide summe against them and then if they haue any matter to plead to saue the default of the defendant they may plead the same or any other matter that they will in Barre of it although that the dafault doe appeare by matter of Recorde for in euery case vpon a Scire facias the defendant may plead any speciall matter in avoydance of the same Baile mainprise as hee might doe vpon any other originall proces And note that there is a great diuersitie betweene Bayle and Mainprise for he that is maynprised is alwaies saide to be at large to go at his owne libertie out of warde after that he is let to maynprise vntil the daie of his appearance by reason of the saide common Sommons or otherwise But otherwise it is where a man is let to bayle to foure or two men by the Lord Iustice in Eyre of the Forest vntil a certaine daye for there he is alwayes accompted by the Lawe to be in their warde and custodie for the time they may if they will kéepe him in warde or in prison all that time or otherwise at their will So that he that is so bayled shall not be saide by the Law to be at large or at his owne libertie And this manner of Bayle is when any man is attainted of a trespasse in the Forest and is taken in execution of the same then the Lord Iustice in Eyre of the Forest may let him to bayle as is aforesaide and the forme of the entrée of that bayle is I.S. tradietur in balliuum et S. corpus pro corpore vsque ad c. and in this case maynprise doth not lye But he that is either bayled or maynprised he must be in proper person and the Lorde Iustice in Eyre of the Forest himselfe is onely to let an offender in the Forest attaynted to bayle as is aforesaide not the Shirife nor Gayler nor any other officer of the Forest but the chiefe Warden of the Forest may let a trespasser oâ— the Forest to maynprise by the words of the Statute of Anâ—o 1. E 3 Cap. 8. But he cannot deliuer a man attainted of a trespasse in the Forest to bayâ—e as is aforesaide Note the difference 1. E. 3. ca. 8. Et nota qâ—e cest parol mainprise est intend quasi manu captus et liberatus ad largum vsq ad diem et cest parol baile est intend quasi traditus in ballâ—nuÌ„ ad saluuÌ„ custodiâ—nd'semper in eorum custodia quibus tradietur vsq ad diem Quod nota Hesket fo 11. The wordes of the Statute are further Archiepiscopi Episcopi Abbates Priores Comites Barones Milites et liberi tenentes qui habent boscos suos in Forestis habent boscos suos sicut eos habuerunt teÌ„pore prime coronationis regis Henrici aui nostri ita quod quieti sunt imperpetuum de omnibus Purpresturis vastis et assartis factis in illis boscis post illud tempore vsque c. THe scope of this Article is in effect but assurance of the common Lawe in this poynt that all men that haue Woodes within the Forest shall from hencefoorth haue those Woodes as they were woont to haue and vse them And then afterwardes it goeth further and extendeth to a generall pardon for all manner of Purprestures Wastes and assertes that were before that time made or done in their Woodes within the Forest vntill the beginning of the Second yeare of the Raigne of King Henry the Thirde which did make this Charter of the Forest with this clause That all those that from henceforth shall make any waste purpresture or assertes in any Woodes within the Forest without the Kings especiall licence so to do that then they shal answer the King for those wastes Assisa Forstae Articulo 4. purprestures and assertes By which you may note that by this braunch of this Statute Purpresturs wastes and assertes in Forestes are forbidden for they are punishable and finable so that therfore you may note by this Statute that if the King shall afforest any Woodes or landes of any of his Subiects for the safe kéeping of his wilde beastes of Venery for his onely pleasure and disporte that then after the same is so afforested it is not lawfull for any person to cut downe or destroy their owne Woods within the Forest without the licence of the King For if it were lawful for men that haue woods within the boundes of the Forest to destroy and cut downe their Woodes at their pleasure then by that meanes they might in very short time make the Forest no Forest at all for if they might be suffered to cut downe their Woodes in the Forest and to destroy them Then by that meanes they should driue all the Deare out of the boundes of the Forest to seeke for Woods and Couerts for to succour them in out of the Forest where euery man woulde kill them at
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
Visitationemorum Also the Regarders shall goe thorow all the Forest with the foresters and Woodwardes to surueie all the assarâ—s wastes and purprestures of the Forest and al other defaultes that haue béene made and aswell those that be auncient assarts wastes or purprestures as those that haue béene made since the last Regard and estéeme them by the number of acars And also to inquire who hath made any such assartes wastes or Purprestures or any other such defaults and who doth holde the lande where any such trespasses of the Forest were made or done And if such land be soweâ— with corne then whose corne the same is and howe often the same hath beene sowen so with corne since that any such assartes wast or purprestute hath beene made in the same And also how much the same is woorth to be solde And in whose fee the same is And to what towne the same doth belong And the said Regarders shall write the auncient assarts wastes and purprestures and such other defaults in a roll by themselues And all such as haue beene newly made since the last regarde of the Forest was made they shall write them in another roll by themselues And if the Foresters wil not goe with the saide Regardors nor leade them to the same place where such defaultes are then the Regarders may goe thether themselues and there vew inquire of such defaultes and all other that they can learne of Also the Regarders of the Forest shall suruey all the old purprestures and new that haue beene made within the Forest and valewe them seuerally by themselues and to set downe the same in the rolls of the Forest And in what place the same purpresture is so made wheresoeuer it be As in Woodes Playnes Heathes Waters or in land Stangues Hedges or Ditches or in any other place of the Forest And all such defaultes shall be written in a roll by themselues Also the said Regarders of the Forest shal suruey all the woods of the Forest that are wasted aswell those that are auncient as those that are newe which haue beene made since the Seconde yeare of King Edward the first Also the Regarders of the Kings Forest shall see and vewe all the Kinges demeasne landes and Woodes And also al maner of Trees that haue beene felled or cut downe within any of the Kinges demeasne landes or Woodes as the felling of Okes or any other great â—niber since the last Regarde And vpon such inquâ—â—e and vew thereof made they shal certifie the number of such Trees the damage and hurte that the same is to the kings woods or landes And in like manner they shall do of all manner of lopping of Trées and destruction of any vnderwoodes Also the Regarders shall suruey and vewe all the Kinges demesne hedges for the fencing in of his landes and woodes And whether they be made or maintained and kept as they ought to be or not and if that they be not so maintained and kept then in whose default the same is that they be not so kept as they ought to be and what damage to the king the same is that the same is not fenced and whether by reason that the same land or woode is not fenced as it should be the same be suffered to lye open and made common yea or not Also the Regarders of the Kinges Forest shall see and suruey al the Eyries of haukes in whatsoeuer woodes they be and who doth take them and who ought by the lawe to haue them And they shall thereof make certificat accordingly Also the Regarders of the Kings Forest shall suruey and see all the Forges and Mynes for the finding of any kind of metall in what fee soeuer they be within the Forest or within the Kinges demesne woodes or landes being within the Forest or without And what rentes and customes they paie for the same and to whome Also they shall see and vew all portes and creekes of the Sea where any Shippes or Boates doe or may aryue to cary any Timber Wood or vnderwoodes out of the Forest and who doth occupie then And by whome they are brought thether And in whose fee the same is done Also the Regarders of the Forest shal inquire who hath or doth keepe any Bowe and Arrowes in their houses or Crosbowes Gunnes Houndes or braches or any other ingins to hunte or to destroy the Kinges wild beastes and game of the Forest with all And when the Regarders of the Forest haue made suruey vewe and inquiry of all such matters as by their othe and office they ought to doe as is aforesaide they shall write the same faire in a roll bring it to the Court of Swanimote or to the Courte of Attachementes where all the officers of the Forest ought to assemble themselues together euerie fortie dayes And all such matters as are so found by the Regarders in their raunge thorow the forest the same shall be there affirmed by the saide Regarders by their handes and seales which Regardors shall also present the same vnder their handes and seales vnto the Lorde Iustice in Eyer of the forest at the next generall Eyre or Sessions of the forest The Eyre generall Sessions of the forest or Iustice Seate is to be holden and kept euery third yeare and of necessitie before that any such Sessions or Iustice Seate can be holden the Regardors of the forest must make their regard And this making of the regard must be done by the Kings writ as it doth appeare by the writ aforesaid Whereby it is to be noted that the Foresters and Regarders cannot make the regard of the forest of their own authoritie without the Kinges writ for the same purpose The wordes of the Statute are Regardatores nostri eant per Forestam That is to saie the Kinges Regargers must goe thorow the whole forest of the King Whereby it is especially to be noted that the Regarders may not doe or certifie any thing concerning their office but that they must first vew the same for that cause the wordes are eant per Forestam that is that they must raunge ouer all the forest through euerie bailiwike of the same to sée inquire of the trespasses and offences of the forest The words of the Statute are further Ad faciendum Regardum Here in these wordes is most playnely shewed the cause why the saide Regarders must goe through the forest of the King which is ad faciendum Regardum to make their Regard for in these wordes ad facieÌ„dum regardum is comprehended the whole office of a Regarder which doth concist in these foure things that is to saie Ad videndum Ad inquirendum Ad imbreuiandum Ad certificandum 1 And now as concerning the first of them which is ad Videndum to see the offences and trespasses of the Forest and to see what officers of the Forest haue executed and done their office as they ought to doe It is to
of the Forest And then the letter is further as followeth Et tunc fiat per visum testimonium legalium hominum et non aliter In these words of the said Statute it is plainly set downe The Regard of the Forest ought to be made euery third yeare how the expeditating of Dogges within the Forest shal be made which is by the view and testimonie of good and lawfull men So that it doth hereby appeare that before there can be any expeditating of dogges within the Forest there must be an inquisition and view taken throughout all the Forest by the Regarders of the same Forest to the ende that thereby it may first appeare by matter of Record to the Court what manner of Dogges they are that are vnexpeditated within the Forest For some Dogges are not to be expeditated as Greyhounds and such like for they may not be kept within the Forest although that they were expeditated for no Dogges shal be expeditated but onely the Mastife or the Mungrell of the Mastifes kynde and of such kinde of Dogges it is that the Statute doth meane And also who is the proper owner of such Dogges as are so remaining within the Forest vnexpeditated to the ende that they onely who are the proper owners of such Dogges may be compelled to paye the fyne for the same offence And then when the same Regarders haue taken such view and inquisition of such Dogges as is aforesaide the same must be certified and returned by the certificat and presentment of the said Regarders of the Forest And this is the meaning of these wordes Per visum testimonium legalium hominum And in this sort the expeditating of Dogges must be made And if it be made otherwise then the same is void by those wordes et non aliter Maister Hesket in his reading of the lawes of the Forest vpon the words aforesaid saith as followeth It appeareth saith he by the letter of the Statute aforesaid that the inquirie and view of the expeditating of dogges shal be made when the regard is made by the same Regarders as one Article and parcell of their charge and that doeth appeare to be euery third yeare And that then the same shal be done by the view and testimonie of good and lawfull men and that is saith he by the view and testimonie of the same Regarders And he saith further that before the making of that Charter of the liberties of the Forest the law of the Forest was that expeditating of doggs should be made wheresoeuer the wilde Beastes of the King haue their peace and rest and haue vsed to haue their peace and rest as it doth appeare in the Assises of the Forest made in the time of H 2. Cap 11. But saith he the certeintie of the expeditating of Dogges was not knowen nor expressed vntill that this Charter of the Liberties of the Forest was made which now doth declare and expresse the certeintie of fiue things that were not certaine before Fiue things are put in certaintie by the Statute that is to saye How the same shal be done At what time the same shal be done In what manner the same shal be done Who shall do it And the certaintie of the fyne or amercement of the offender And it is to be vnderstood that although the expeditating of Dogges be one of the Articles of the Charter De Regardo fiendo as it doth appeare there Cap. 13. Yet the letter of this Statute here hath not now made the lawe so straite that of necessitie the inquirie of the expeditating of Dogges must be made in the Court of the Regard onely and not otherwise For it doeth appeare that the Iustices of the Forest in their generall Sessions may inquire and determine that matter also And so likewise the expeditating of Dogges may be inquired and determined at the Courts of the Forest called the Swanimotes as it doth appeare by the charge of the Courtes But that is onely by the presentment of an Inquest and then that presentment must be affirmed by the Foresters Regarders and all other officers and ministers of the Forest before the Iustices of the Forest the expeditating of Dogges shal be inquired onely by a Iurie or Enquest And in that Court of Regard it shall not be onely inquired of the expeditating of Dogges by the Regarders But they onely ought to haue the view of that matter when that they do make their Regarde vpon the said view and perambulation or otherwise the same is a voide inquirie and presentment by them vpon those wordes aforesaid Et non aliter Which words shall haue relatiō to that intent onely and not to the time nor to the Court where the Articles shal be enquired For that presentment of the Regarders shal be made vpon the view of the Dogges only euen as the presentment of the Coroner shal be made super visum corporis although that the letter of the same Statut be in the Disiunctiue Inquisitio vel visus For this is helde for a learning in the Lawes of the Forest In euery presentment of the Regarders it ought to appeare by mattes of Record that they had the view that nothing is lawfully presented by the Regarders of the Forest if it do not appeare by matter of recorde that they had the view of the same in their perambulation And Maister Hesket noteth further that by the letter of the saide Statute there is full authoritie and power giuen to the Regarders to inquire and determine that Article for and concerning the hameling of Dogges For before the making of this Charter of the Liberties of the forest The Regarders did not meddle in this Article but onely with Wastes Assarts purprestures and such like within their regard onely as it doth appeare in the Assises of the forest of H. 2. Cap. 10. And now by the letter of the Charter of the forest aforesaid the Lawe is inlarged greatly touching this Articles more than it is concerning any other Article of the Regard of the forest For the Regarders cannot procéede any further in any other Article of the Regard in their charge but onely to view and inquire of them and then to inroll their presentments and then when they haue so done they must also certifye that presentment before the Iustices of the forest at their comming into the forest when they do holde the generall Sessions of the forest and then there the offences that they haue presented shal be determined And before that time nothing shal be done by Proces or otherwise But all the presentments shall lye dead vntill then But otherwise it is of that Article of Expeditating of Dogges for that the Regarders haue authoritie to heare and determine the fyne or amercement for that matter onely because that the fyne is alreadie by the saide Charter set down and made certaine The words of the Statut are further as followeth Et ille cuius canis inuentus fuerit
that he hath made for any offence or trespasse of the Forest before the Verderors of the Forest at the fortie daie Courte and at the Court of the Swanimote according to the assises and lawes of the Forest to thend and purpose that the Vert and Venison of the Forest may be the better preserued and kept by the due punishment of such as shal be founde to be any trespassers or offenders in the same And thus â—uch concerning the office of a Forester And now because the words are Conueniant Forestarij viridarij et agistatores It is to be seene what a Verderor is how he is made what is his othe and also what is his office A Verderor is a iudiciall officer of the Kings Forest chosen by the King in the full Countie of the same shire within the forest where hee doth dwell The definition of a Verderor and sworne to maintaine and keepe the assises of the Forest and also to view receiue and inroll the attachmentes and presentmentes of all manner of trespasses of the Forest of Vert and Venison And it is to be vnderstood that there are most commonly in euery one of the Kings forests within this Realme foure officers of the forest called Verderors which ought to be Esquires or gentlemen of good account abilitie liuing which are wise and discreete men and well learned in the lawes of the Forest The office of a Verderor is almost like vnto the office of a Coroner in some poyntes for as a Coroner by the lawe is to view the dead bodie of any of her Maiestes Subiects that is sodainly slayne or found dead and it is not knowen how he doth come by his death then the Coroner is to repaire to the same dead bodie vpon notice thereof vnto him giuen to see and view the same and there also to inquire by the othe of xii good and lawful men vpon the view of the same dead bodie and such euidences circomstances as can by any meanes be there learned how he came to his death and who was the occasion thereof Euen so a Verderor is to view the wild beastes of the Forest And if any of the Kinges wilde beastes in the forest be found slayne or sore wounded or hurte then vpon notice thereof giuen vnto the Verderors or vnto any one of them then he ought to repaire to the same wild beast that is so slayne killed or hurt and there to cause an inquisition to be made per quatuor villatas propinquiores Forestae to knowe how the same wild beast was killed and by whom as it doth appeare by the assises of the Forest Articulo 7. Assisa et coÌ„suetudines Forestae Artic. 7. And so a Verderor in that respect is an officer like vnto a Coroner And it is to be noted that euen as a Coroner is chosen by the Kings write in the full Countie So is a Verderor also for when any of the Kings Verderors of his Forest is dead then vpon certificat thereof made vnto the King in his highe Courte of Chauncery that T. Barfoote one of the Verderors of the Forest of Waltham is dead How a Verderor is made the king thereupon doth graunt out a write de viridario eligendo directed to the Shirife of the same Shire within which the Forest is where he is to be chosen Verderor commaunding him in his full Countie to chuse another Verderor in the place of him that is dead the tenor of which write is as followeth Elizabetha dei gratia Angliae Frantiae et Heberniae The write de viridario eligendo Regina fidei defensor c. vic' Essex salut ' quia Tho. Barfote nuper vnus viridarior ' nostrorum Forestae nostrae mortuus est vt accepimus ideo tibi praecipimus quod si ita est tunc in pleno comÌ„ tuo de assensu eiusdem comÌ„ loco praed'Thomae Barfote eligi facias vnum alium viridarium qui prestito sacramento provt moris est extunc ea faceret et conseruaret quod ad officium viridarij pertinet in Foresta praedict ' et talem eum eligi facias qui melius sciatet possit officio illi intendere et nomen eius nobis scire facias teste c. By which write it appeareth that a Verderor shall be chosen in the full Countie in the same manner as a Coroner is by the free-holders So that when the Shirife hath receaued the Kinges write aforesaide for the chusing of an other Verderor and that he by virtue of the same write in his full countie hath caused the free-holders there to elect a wise discreet sufficient and able man See the othe of a Verderor at large before pag. 51. to serue in the saide place of a Verderor that the same Shirife hath giuen vnto him an othe according to the Tenour of his write which is that from hencefoorth the same Verderor shall obserue and do those things which vnto the office of a Verderor doth appertaine within the same Forest And then this election of such a new Verderor togeither with his name must be certified into the Court of Chauncery by the same Shirife in his retorne made of the same write and in this sorte a Verderor is made and no otherwise then this no man may be made a Verderor of any Forest of the Kings Fitzh fo 164 And if any Verderor of the kings Forest be discharged from his office by falce suggestion by a write of the Kings directed to the Shirife then the partie or Verderor so discharged may come into the Chauncery and there require a commission to inquire of that suggestion and to certifie that inquirie in the Chauncery before the King or the Iustices of the Forest may certifie the King of that falce suggestion vnder their Seales And if the same suggestion be found false then the King may make a supersedeas to the Shirife that he shall not remoue the saide Verderor c. And if that he be remoued alreadie that then he shall still suffer him to vse and occupie the saide office of a Verderor as he did before And thus much concerning the making of a Verderor and also his othe which you may see set downe at large here before pag. 51. And if any Verderor Forester or any other minister of the Forest be compelled by the Shirif to any Assises Iuries or inquestes they may haue a writ directed to the Shirife to discharge them as it doth appeare in Fitzherberts Nâ—atura breuium Vide Natura breuiuÌ„ Fitzh fo 167. a The office of a Verderor And nowe concerning the last poynt which is the office of a Verderor what the office of a Verderor is in what things the same doth chiefely consist it is therefore to be vnderstood that the whole office of a Verderor doth consist in these sixe things that is to saie 1 Ad videndum 2 Ad inquirendum 3 Ad recipiendum 4 Ad inbreuiandum 5
Ad iudicandum 6 Ad certificandum And as concerning the first poynt which is Ad videndum to see to view It is to be noted that a Verderor ought to vew the Vert and Venison of the Forest Assisa Forestae Artic. 3 as it appeareth in Assisa Forestae Articulo 3. in these words Si quis inuentus fuerit extra dominicum boscum et infra rewardum prosternens quercum sine visu aut liberatione Forestarij aut viridarij debet attachiari per quatuor plegios et per visum viridar ' debet quercus apreciari et in Rotulo Forestar ' et viridarior ' nomina pleg imbreuiari By which Article it is proued that if an Oake being ouer Vert within the Forest bee felled or cut downe out of the Kings demeasne Woods the same Oake is to be apprised by the view of the Verderors And also as to the fourth point of the office of a Verderor which is Ad inbreuiandum to inroll It is also there prouided that the Verderors ought to inroll their apricement and view in their roll And it doth also appeare in Assisa Forestae Articulo 19. that the Verderors of the Forest ought to take inquisitions of matters of the Forest and of trespasses of the Forest Assisa Forestae Artic. 19 aswell of Vert as of Venison and those inquisitions they must inroll in their roll likewise and also certifie the same before the Lord Iustice in Eyre of the Forest at his next comming into the Forest to hold the generall Sessions of the Forest Carta de Foresta cap. 8 And it doth also appeare by Carta de Foresta cap 8. that the office of a Verderor is Ad videndum attachiamenta de Foresta tam de viridi quam de venatione per presentationem ipsorum Forestariorum So that it doth thereby appeare that the office of a Verderor is both to view the attachments of the Foresters and also to receiue their attachements and to inroll them in the rolls of the Verderors and then it followeth that all those rolls of the Verderors must be by the saide Verderors certified to the Iustices of the Forest at their comming into the same Forest to hold their generall Sessions of the Forest Assisa Forestae Articulo 19. as it doth appeare in Assisa Forestae Articulo 19. And also the Verderors office in some causes is to iudge of offenses and trespasses that are committed and done within the Forest as of trespasses in Vert the valew thereof being vnder the some of foure pence And it doth appeare by the Assises of Lancaster and Pickring that the entrie of the plees of the Forest are thus presentatum per Forestarios et conuictum per viridarios Whereby it doth appeare that the office of a Verderor is a iudiciall place or office and this much concerning the office of a Verderor The letter of the Statute is farther Et Agistatores IT is therefore nowe very necessarie here in this place to declare what an Agestor is how an Agistor is made and what his office is And for that it is to be vnderstood that an Agistor or gistaker of the King The definition of an Agistor is an officer of the Kings Forest to ouersee and to agist the Kings demesne Woods and lands and to receaue the Kings Pawnage and to doe for the profit of the King therein the best he can Assisa H. 2. and to make a true acount thereof And it doth appeare by the Assises of Henry 2. that the Agistors of the Kings Forest are made in the same manner as the Foresters of the Kinges Forest are made How an agistor is made and that is by the Kings letters pattents vnder the great Seale of England as it hath beene shewed here before And it doth appeare there also that the King hath in euery Forest where he hath any Pawnage foure Agistors or gistakers to receiue the agistment and Pawnage for the King For the words are these Quod in quolibet com̄ in quo dominus Rex venationē suam habet ponantur duodecim milites ad ostend'et supervidendum venatitionem suam et quod viridarij cum Forestarijs et quatuor militibus ponantur ad agistandū boscos et recipiendū paunagiū suum And by these wordes it doth appeare that the office of an Agistor is to agist the Kings demesne Woods and to receiue the Pawnage thereof to the vse of the King and to render an account thereof And it is to be vnderstood that the office of an Agistor of the Kinges Forest doth consist in these foure things that is to saie 1 Ad agistandum 2 Ad recipiendum 3 Ad inbreuiandum 4 Ad certificandum And concerning the first poynt that is to saie Ad agistandum which is to agist the Kings demesne Woods and lands he that is an Agistor of the Kings Woods within the Forest must haue an especiall care to agist the same for the best aduauntage and profit of the King and also to receiue the Mony for the agistment and pawnage for the same to the vse of the King and then he must faithfully and truely inroll the same in the Agistors rolls of the Forest which inrolling and receipt of the said Agistment and Pawnage the saide Agistors must also certifie before the Lorde Iustice in Eyre of the forest at his next comming into the forest to hold the generall Sessions of the forest thervpon to make a true accompt of such Monie as they haue receiued for Pawnage or otherwise to the Kings vse as it doth appeare by the wrte of Summons of the Iustice Seat of the forest And thus much concerning an Agistor of the Kings forest The Letter of the Statute of Carta de Foresta Articulo the 9. is further as followeth Vnusquisque liber homo agistet boscum suum in Foresta pro voluntate sua et habeat Paunagium suum concedimus etiam quod vnusquisque liber homo ducere possit porcos suos per dominicū bosc ' nostrū libere et sine impedimento ad agistandū eos in boscis suis proprijs vel alibi vbi uoluer it Et si porci alicuius liberi hominis vna nocte pernoctauerint in foresta nostra non inde occasionetur vnde aliquid de suo perdat THe Lawe of the Forest before the making of that Charter of the Liberties was that no man might agist his Woodes or lands which he had within the Forest vntill the Woods of the King were agisted the agistment of the King did alwaie begin fiftene daies before the feast of Saint Michel and did indure fortie daies after the feast of Saint Michell And that agistment of the kings shal be made by the Verderors Agistors and Foresters as it doth appeare by the Assises of the Forest of Henry 2. Cap. 7. for all the herbage throughout all the Forest before that tyme of the yeare Assisa Forestae H. 2. euerie yeare was kept and preserued for
dictum Auum nostrum concessas confirmatas easdem concessionem confirmationem in omnibus obseruari in forestis vbi dictae perambulationes remanent faciend'eis fieri factas in forma praedicta confirm ' curaremus assignauimus vos duos tres vestrum quorum vos praefat ' IohanneÌ„ de stonore vnum esse volumus custodem forest ' nostr ' citra Trentam Nota que la fuit vn chiefe keper de touts Forestes citra Trent que est le chief garden del Forest mention in le statute de An. 1. E. 3. cap. Stat. 1. hic ante pag. 42 vel ipsum quem posuerit loco suo omnes forestar ' de feod' viridar ' forestar ' nostrar ' in Com' Surr ' ad perambulationem rectam per visum trium vel duor ' viror ' quorum vos praefat ' IohanneÌ„ de Stonore vnum esse volumus illorum in forestis nostris in eodem Com' in quibus dictae perambulationes tempore dict' aui nostri facte non fuerunt per Sacrnâ— ' tam Militum quam alior ' proborum legaliuÌ„ hominum de eodem Com' per quos rei veritas melius scir ' perambulationes ille fieri poterunt faciend'iuxta tenor ' cartae domini Henric ' quondam Regis Angliae proaui nostri de foresta Et idco vobis mandamus quod ad certos dies loca quos vos tres vel duo vestrum quorum vos praefat ' IohanneÌ„ de Stonore vnum â—sse volumus ad hoc prouidentes premissa faciatis in forma praedicta Ita quod perambulationes praed'fiant nobis returnentur citra festum Natalis Domini prox ' futur ' Mandauimus enim vic nostro Com' praed'quod ad certos dies loca quos vos tres vel duo vestrum quorum vos praefat ' IohanneÌ„ de Stonore vnum esse volumus scire faciatis venire faciatis coram vobis tribus vel duobus vestrum quorum vos praefat ' IohanneÌ„ de Stonore vnum esse volumus tot tales tam milites quam alios probos legales homines de Com' praedicto per quos rei veritas melius sciri perambulat ' praedict ' fieri poterint sicut praedictum est Et perambulationem illam distincte et aperte sic factaÌ„ nobis sub sigillis vestris trium vel duorum vestrum quoruÌ„ vos praef IohanneÌ„ de Stonore vnum esse volumus et sigill'eorum per quos factae fuerint reportetis ante festuÌ„ suprad'vt eam confirmemus iuxta concessionem nostram dictis magnatibus inde fact ' In cuius rei testimonium has litteras nostras fieri fecimus patentes Teste meipso apud WestmÌ„ xx die Martij Anno regni nostri primo Per ipsum Regem Cons 5 Et pur ceo que la dit Commission en fait mention que le vic de Surr ' feit venit ' deuaunt les Iustices a certaine iour lieu per eux assignes bones loyaux Chiualers auters del dit Countie pur la dit Purale faire nostre seigniour le Roy hors de sa Chaunceller maunda son briefe al dit viscount de Surr ' en garrant de la dit chose faire coÌ„e plus pleinement est contenus en la dit briefe qui ensuit 6 Edwardus Dei gracia Rex Angliae Dominus Hiberniae Dux Aquit ' vic' Surr ' salutem Sciatis quod cum in parliamento nostro nuper apud WestmÌ„ conuocat ' per praefatos Comites Barones communitatem regni nostri asserentes quod perambulationes tempore domini E. quondam Regis Angliae Aui nostri in forestis suis tam citra Trentam quam vltra factae non fuerunt obseruat ' nobis fuisset supplicatum vt nos sic factas per dictum auum nostrum concessas confirmatas iuxta easdem concessionem confirmationem in omnibus obseruari in forestis vbi dict' perambulationes remanent faciend'eas fieri factas in forma praedicta ' confirmare curaremus assignauimus dilectos fideles nostros Thom. Tregorr ' Iohannem de Stonore Iohannem de Ifeld Iohannem Dabnon tres vel duos eorum quorum praefat ' Iohannem de Stonore vnum esse volumus ad conuocand'in prae sentia eorundem Thom. Iohannis Iohannis Iohannis trium vel duor ' eor ' quor ' praefat ' Iohannem de Stonore vnum esse volumus custodem forestae nostrae citra Trentam vel ipsum quem posuerit loco suo omnes Forestar ' de feodo viridar ' forestar ' nostrar ' in Com' Surr ' ad perambulationem rectam per visum eorum vel duor ' eorum quorum praefat ' Iohannem de Stonore vnum esse volumus in forestis nostris in Com' praed'in quibus perambulationes tempore dict' aui nostri fact ' non fuerunt per sacrmÌ„ tam militum quam alior ' probor ' legal'hominum de ComÌ„ tuo per quos rei veritas melius sciri perambulationes ille fieri poterint faciend'iuxta tenorem cartae domini Henrici quondam Regis Angliae proaui nostri de Foresta Nota que la fuit vn chiefe garden del Forest Et ideo tibi precipimus qd'ad certos dies loca quos ijdem Thomas Iohannes Iohannes Iohannes tres vel duo eorum quorum Iohannem de Stonore vnum esse volumus tibi scir ' faciant venire faciatis coram eis tribus vel duobus eorum quorum praefat ' Iohannem de Stonore vnum esse volumus tot tales tam milites quam alios probos legales homines de ComÌ„ praedict ' per quos rei veritas melius sciri peraÌ„bulac ' praed'fieri poterint sicut praed'est Et habeas ibi hoc breue Teste me ipso apud Westm ' xx die Martij annoque regni nostri primo Per ipsum Regem Cons 7 Et pur ceo que la dit commission veloit que les Iustices nostre seigniour le roy facent appeller a eux le gardeine de la Forest citra Trent ou son lieutenant a la Purale faire droiture meÌ„t per vertue de ceo commission les dits Iustices maunderont lour briefe au dit gardeine ou a son lieutenant quils fuissent a certeine iour lieu ou le dit briefe limit enfemblement onestes eux a la dit chose faire solonc ceo que plus pleignement est contenus en le dit briefe que sensuit 8 Thomas Tregorr ' Iohannes de Stonore Iohannes de Iâ—â—ld Iohannes Dabnon custod'forestae domini nostri Regis citra Trentam eius locum tenen ' in Com' Surr ' salutem Cum in parliamento domini nostri Regis nuper apud Westm ' conuocat ' per Prelatos Comites Barones coiÌ„tatem regni asserentes quod perambulationes tempore dicti Edwardi quondam regis Angliae aui sui in Forestis suis tam
citra TrentaÌ„ quaÌ„ vltra facte non fuerunt obseruat ' Et eidem domino Regi supplicatum fuiss vt ipse eas sic factas per dictum auum suum coÌ„cessas confirmatas iuxta easdem concessionem confirmationem in omnibus obseruari Et in forestis vbi dict' perambulationes remanent faciend'eas fieri factas in forma praedicta confirmare curaret Idem dominus noster Rex assignauit nos tres duo nostrum quorum Iohannem de Stonore vnum esse vult ad conuocandum in presentia nostra trium vel duorum nostrum quorum Iohannem de Stonore vnum esse vult custodem Forestae suae citra Trentam vel ipsum quem posuerit loco suo omnes forestar ' de feodo viridar ' forestar ' suarum in dicto Com' Surr ' ad perambulat ' rectam per visum nostrum trium vel duorum nostrorum quorum Iohannem de Stonore vnum esse vult illor ' in forestis suis in eodem Com' in quibus perambulationes tempore dict' Aui sui facte non fuerunt per sacram ' tam militum quam alior ' proborum legal'hominum de eodem Com' per quos rei veritas melius sciri perambulationes ille fieri poterint faciend'iuxta tenorem Chartae domini H. quondam Rex Angliae proaui sui de foresta Et quia dominus Rex nobis mandauit quod conuocari fac ' custodem forestae suae citra Trentam vel ipsum quem loco suo posuerit in dict' Com' Surr ' ad perambulac ' rectam faciend'nos pretextu illius mandati assignauimus die essendi apud Certesyam die Lunae proxim ' post quindenam sancti Iohannis Baptistae ad incipiend'de negotio supradic ' ad perficiend'exinde ad dictam perambulationem faciend'quem diem vobis signauimus vt vos ad diem praedictam ibidem personaliter intersitis vel ipsi quem loco vestro posueritis ibidem intersint Ita quod dicta perambulac ' per visum vestrum nostrum alior ' ad hoc sum ' recte fieri possit secundum Tenorem Chartae domini H. quondam Regis Angliae proaui domini Regis de Foresta 9 Et ausi pur la commission purporte que les Foresters de Fee les Veredors de la Forest auantdit en le Counce de Surr ' a la dit Puraley faire fuissent a iour et lieu ass les dits Iustices maunderent briefe de garnishment as dits ministers quil fuissent illock que eux feissent garnir les restoants deins la Forest auaunt dit en le dit Countie en la querque la Puraley en temps le Roy Edward aiel nostre seigniour le Roy Edward quorest ne fuit pas fait ne Chiuache ne quils fuissent illock a iour lieu a Chiuacher a feire dreit leife Puraley come appiert en le briefe qui sensuit 10 Thomas Tregorr ' Iohannes de Stonore Iohannes de Ifeld Iohannes Debnon dilectis sibi Forestar ' de feodo viridar ' forest ' domini Regis in Com' Surr ' salutem Cum in parliamento domini Regis apud Westm ' conuocat ' per Prelatos Comites Barones coiÌ„tatem regni asserent ' quod perambulationes tempore domini Edwardi nuper Regis Angliae aui sui in Forestis suis tam citra Trentam quam vltra facte non fuerunt obsecrat ' eidem domino supplicatum fuisset vt ipse eas sic factas per dictum auum suum concessas confirmatas iuxta easdem concessionem confirmationem in omnibus obseruari in forestis vbi dicte perambulationes remanent faciend'eas scire factas in forma praedicta confirmare curaret Idem dominus noster Rex assignauit nos tres vel duo quorum Ioh. de Stonore vnum esse vult ad conuocand'in presentia nostra trium vel duor ' nostr ' quorum Iohannem de Stonore vnum esse vult custodem forestae suae citra Trentam vel ipsum quem posuerit loco suo oeÌ„s forestar ' de feodo viridar ' forestar ' suar ' in dicto ComÌ„ Surr ' ad perambulationem rectam per visum nostruÌ„ triuÌ„ vel duor ' nostruÌ„ quorum Iohannem de Stonore vnuÌ„ esse vult illor ' in forestis suis in eodeÌ„ comÌ„ in quibus perambul'dicti aui sui facte non fuer ' per Sacâ—mÌ„ tam milituÌ„ quam alior ' probor ' leg ' hominuÌ„ de eodem comÌ„ per quos rei veritas melius sciri perambulac ' ille fieri poterunt faciend'iuxta tenor ' chartae domini H. quondaÌ„ Regis Angliae proaui sui de foresta Et quia dominus nr ' nobis mandauit quod conuocar ' faceremus omnes forestar ' de feodo viridar ' forestar ' suar ' in dicto com' Ac etiam illos in forestis suis in eodeÌ„ com' in quibus perambul'tempore dicti aui sui facte non fuerunt ad perambul'rectam faciend ' Vobis mandamus ex parte domini nostri Regis quod apud certes die Lunae prox ' post quindenam sancti Iohannis Baptistae personaliter intersitis ad perficiend'exinde ad perambul'illam faciend'ac etiam premunir ' fac omnes illos in forestis domini Regis in eodeÌ„ com' comorantes in quibus perambul ' tempore dicti aui sui facte noÌ„ fuer ' quod tunc sint ibi ad diem praed'exinde ad perficiend'nobiscuÌ„ vt perambul'ill'per visum illor ' nostruÌ„ vestruÌ„ fieri posset competenter 11 Et fait a scauoir qui a dit iour asses a Certesey touts les Iustices et le vicount de Surr ' le lieutenant le gardein de la forest citra Trent ' Foresters Verders auters resceants deins bound'della Forest et bone gents et loiaux Chiualers et auters illocks sum ' per le dit viscount vindrent et les Iustices feissent lour office et pristrent enquest de chiualers et auters cest est a sauoir mons Henr. Hast Henr. de Montforth Chiualers Rob. le Dol. Hen. de Sunnerbus Will. Huse Iohn de Bures leyne N. chole Bachiller Iohn Prodhoame Will. de Porkle Ioan at Stoket Robert de Dittone Iohan de Kingsnode les chargerent la dit Enquest solonque lour Commission 12 Et per monsieur Iohn de Swynerton Chiualer lieutenant le gardein de la Forest nostre seigniour le Roy citra Trent per certeine commission a luy fait illcoke monstre allegea illcok deuaunt les Iurors de la enquest pur le roy qui luy auoit vn enquest prise a lamphethe deuant certeine Iustices en temps le roy Edward aiel nostre seign ' le roy quorest testmoignant qui cel lieu le quel il furent entour de faire Puraley a cel temps remist Forest per icel enquest Et pria as iours quil fuissent auyses pur le roy a seign ' icel inquest