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
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
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
are sundrie very good presidentes to warrant either of these thre waies aforesaid And cōcerning distresses as I do take it those that doe make defaultes at the saide Courtes of Swanimote and the same defaultes being recorded then the defaulters may bee distrayned to appeare at the next Swanimote of common right Like as vppon an originall where a man is Sommoned and doth not appeare afterwardes a distresse shal goe out immediatly against him and then as it seemeth those that doe make default there shall be bound to a double distresse by reason of that default that is to saie one distresse for the amercement by reason of his non apparance pro secta sua non facta The nature of a distresse and another for a new apparance at the next Swanimote be it sute reall or sute Seruice or else by direct proces of common right like vnto a distresse against a Iuror to distraine him to come to the next Swanimote But now for the better vnderstanding of the word distresse I wil here speake somthing concerning the nature of the same And where distresses may be lawfully made taken in such cases which doe concerne Swanimotes and what things may lawfully be had or taken in execution for distresses And for that it is to be vnderstood that if an officer of the Forest do make default at any Court of Swanimote then the chief Warden of the Forest or his Lieutenant or the Bedell of the Forest may destraine him for that amercement of three shillings or more or lesse in any land that hee hath or doth hold by reason of his office if he do hold any land so And in the like maner he may distrayne any other land that he hath within the Forest although that the same doe not appertaine vnto his office but he cannot distraine him out of the Forest in his landes but he may distraine the goodes or Cattels of that officer How distresses ought to be taken although that they be in the landes of any other man within the Forest And the same lawe is of euery other man that ought to appeare at the said Courtes of Swanimote as the foure men and the Reue Baylife Constable Tithingman Free-holder of Iuror which is Sommoned to appeare at the said Court of Swanimot to be of any Iury for the Queenes Maiestie or any other seruice there as in the case is afore said And if the said chief Warden of the Forest or his Lieutenant or the saide Bedell of the Forest which ought to distraine cannot find any distresse of his within the Forest then he ought to certifie the same before the Iustices of the Forests and vpon a Testatum there that such a person which ought to appeare at the Court of Swanimote in such a forest did make default and for the same he was amerced and that he hath not any lands nor goods within the Forest that he may be distrayned by but that he hath sufficient landes within such a County which is out of the Forest then vpon that Testatum there shall goe a write or precept to the Shirife of the said foren Countie which is out of the Forest where he hath sufficient of landes ad distringendum terras et tenementa cuiusmodi A. B. comitat ' illo c. And then by vertue of that write or precept the Shirife may lawfully distraine him there for that amercement and so you may see that the Iustices of the Forest vpon such a Testatum as is afore saide may cause a write or precept to bee made to the Shirife of a foren Countie that is out of the Forest to leuie such a mercement by distresse and yet they are not properly Iustices within the saide Counties but Iustices of the Forestes within those Counties this is affirmed by the opinion of Maister Hesket Master Hesket Fo 37. And if the Bedell of the Forest or other officer do come to distraine for such an amercement in the Forest and the owner of the same goods which are to be distrained knowing thereof by couine doth come before that the said Bedell or other officer hath distrained them and doth conuey them away out of the forest in this case although that such an officer do freshly pursue them yet he cānot lawfully take those goods nor distraine them being out of the bounds of the forest But if such an officer had taken and once seised the beastes of the defaulter for such an amercement lawfully as a distresse and then the owner by force had taken them from him and so driue them out of the Forest then the said Bedell or officer may make hue and crye freshly pursue after him and so take those beastes from the said rescusor in any place wheresoeuer out of the Forest And the same law is if a straunger do take those beastes from the Bedell or officer after that he hath distrained them and then doth deliuer them to the first owner againe which doth driue them out of the Forest then the saide Bedell or officer may lawfully pursue them and take then againe But if that the beastes distrained vt supra do come backe to the owner againe into his land that is out of the bounds of the Forest by the negligence of the Bedell or officer that ought to haue impounded them then the officer cannot take them againe Master Mesket Fo. 38. For now the first distresse is determined by the comming backe againe of those beastes to the first owner which is done without his act for in this case it is not like to a rescous where the owner of those beastes doeth come to the possession of them againe by his owne wrong But if the Bedell or other officer do distraine for any amercecement vt supra and then doth deliuer the same beastes which he hath taken by distresse to a straunger to keepe to his owne vse whereby the straunger to whome they were deliuered so to keepe doth driue them to his owne land being within the Forest and afterwards the owner of those beastes doth take them out of his land that hath the keeping of them and driue them out of the Forest in this case the Bedell nor other officer can not take them againe now being out of the Forest But otherwise it is if that the Bedell or other officer had taken the distresse and deliuered the beastes vnto a straunger to keepe as a distresse In this case if the owner take them do driue them out of the Forest yet the Bedell or other officer may freshly pursue them take them againe from him although that they be without the Forest in a forreine Countie Note the difference where such beasts were deliuered to be kept as a distresse and where to be kept to his owne vse If an officer of the Forest or other person that ought to appeare at the Swanimote Court haue land within the Forest and the beastes of a straunger do escape into his land
if he haue none his body shal be detayned vntil he haue don that which he ought and if his abode be without the boundes of the forest his name and the name of the towne whence he is shal be inrolled But deliuerie of housebote and haybote shal be made as the wood may suffer the same to remaine in the state in which it is and not at the request of the demaundant neither may he giue nor fell any thing of the wood without the kinges warrant This is ment of those Deere that are not sweete nor meete to be eaten of the best sort of the people for if a principall beast be foūd dead newly killed that is not meant by this statute to be giuen to the Lazar house And if such Deare be found dead there is no doubt but the same Deere is the kings for he was the kings beast being aliue and the killing of him hath not altered the propertie and then the fame being the kings his Iustice of the Forest may dispose of it at his pleasure and that disposition good in Law by plee of iustification If any Déere be found dead or wounded there shal be an inquisition made by foure of the next villages to the forest which shal be written in the roll the finder shal be put by vi pledges and the flesh shal be sent to a Spittle house if by testimony of the verderors and the Countrey there be any nigh But if there be noe such house neere the flesh shal be giuen to the poore and lame the head skinne shal be giuen to the poore of the next Towne the Arrow if there be any found shal be presented to the Verderors and inrolled in his roll If there be any Greyhoundes found running to do any hurt the forester shall retaine them and present them in the presence of the Verderors and send them to the king of chiefe Iustice of the Forest If any Mastiue be found vpon any Deere and shal be expeditated he whose Mastiue he is shal be quite of the déede but if he be not expeditated the owner of such Mastiue shal be giltie as if he had giuen it with his owne hand and he shal be put by vi pledges whose names shal be written and also what kind of dogge it was If any man take a Déere in the forest without warrent his bodie shal be arrested where soeuer he be found within the boundes of the forest and when he is taken he shall not be deliuered without special commaundement of the king or of th chiefe Iustice of the forest If any sée any misdoers within the bounds of the forest to take or carie away any Deere he shall do what he may to take them and if he cannot he shall leuie hue and crie and if he do not so he shall remaine in the kings mercie If any woodward shall sée misdoers within his wardship or shall sée a dead wild beast he shall shew him to the chiefe forester or verderor and if he do not and the forester of our Lord the king find such a fault in his wood within the precinct of the regard that wood shal be taken into the kings handes by the kings commaundement or of his chiefe Iustice and the woodward is to be attached by iiii pledges If any man shall haue a wood neere vnto the demesne wood of our Lord the king it is lawfull for him after that the demesne hedges are agisted to haue in the time of pawnage so many swine as the wood may suffer by the view of the foresters verderors regardors Agistors other lawful men and this shal be done of the profit of Swine Knowe ye that in time of pawnage when the agistment ought to be made the foresters verderors and agistors ought to craue the assent of the Iustices of our Lord the kinges forest and séeke their good will and the agistiment shal be made as well within the demesne hedges and woodes as without and the agistment shal be made according to their commaundement and tenor of their letters which letters he shall haue before the Iustices of the forest in the next circuite And it is commaunded that hereafter be taken for euery hogge as much as may be to the vse of our Lord the king for pawnage that is to say one penie or ii.d. but of little pigges there shal be no more paied then was before If any man of another Countie put or willingly suffer his cattel to goe within the boundes of the forest the forester may retaine the cattel by suerties and safe pledges which if he cannot doe by the testimonie of the Verderors he shal shew the Shirife of the Countie thereof that he may make distres vntil he finde pledges If the Shirife do it not the forester shall shew the same to the Iustices No Mower shall bring with him a great Mastiue to driue away the déere of our Lord the king but little doggs to looke to things without the couert Of these which claime to haue priuiledges as doggs without clawes and greyhoundes within the boundes of the forest they shal haue nothing to do with them without our Lord the king his warrant or his Iustices A wood remayning in the hands of our Lord the king by one yeare and one day it is in the kings pleasure except it be recouered by the iudgment of the Iustices All the bounds of the forest are wholy the kings It is lawfull to the Abbot of the Borough of S. Peter to hunt to take hares Foxes Martrons within the bounds of the forest and to haue vnlawed dogs because he hath sufficient warrant thereunto When Verderors haue taken an Enquest one shall set to his seale and the other shall keepe the roll and so from time to time vntill the comming of the Iustice then the first day he and all his ministers shall present the roll or els they shal be amerced mainpernors that day shal be profered for the forest or els they shall incur a seisure A man attached for cutting of boughes that plée appertayneth to the Swanimot before the Steward And a man attached for selling an Oke in the demesne of the king or of any other mans it belongeth to be tried before the Iustice and if he do it to any man in the night time he shal be imprisoned A man attached to the Swanimote for gréene hugh and not presented at the next Swanimote at an other time the presentment shall not hurt him but shal be taken as a fault in the forester for the concealement and he that is attached shall goe quite by Assise If a forester do agrée vnto an offence in the demesne woods of the king the king shall take from him his chiefe office if the kéeper be liuing and because the kings wood is wasted at euery Iter of the Iustice of the Forest they shall pay to the king half a Marke Ordinatio Forestae 22 First we haue decréede
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
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
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
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
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
coītatis com' praed'accepimus quod licet vos inquis super metis bundis forestar ' in com' praed'praetextu assignac ' nostrae praed'feceritis perambul'tamen iuxta metas bundas inquis illius contentas praetextu quarundā inquis tempore dicti aui nostri de huiusmodi metis bundis fact ' vt dicit ' hucusque facere distulistis nobis sic supplicat ' vt super hoc remediū apponamus Nos ea que in dict' parliament ' nostro sic concessa fuerunt volentes execuc ' debit ' demandari vobis mandamus quod perambul'in forestis nostris in com' praed'iuxta formā assign̄ nostrae praed'cum celerit ' qua poteritis faciatis inquisic ' tēpore dicti aui nostri inde vt dicit factis non obstantibus easdem perambul'sic factas ad term ' praed'in Cancellar ' nostra iuxta formam assignac ' nostrae supradict ' ret ' Nolumus tamen quod perambul'sic per nos faciend'executioni demandentur antequam in Cancellar ' nr ' nobis returnarentur visis inquis tempore dict' aui nostri sic capt ' vlterius inde fiat quod de consilio nostro rationabiliter fore videbimus faciend ' Nota hoc verbum apud Stanhope Teste me ipso apud Stanhop Primo die Augustj Anno regni nostri primo 24 Per vertue de quel briefe les vereders de la Forest del countie auant dit les Iurors de lenquest et auters deins bound'de Forest resceants per view des Iustices n◠' seigniour le roy sans auoir regard al absence le gardeine de la forest citra Trent ou de son lieutenant qui point devindret al dit iour a eux assigne alerunt auant a la Puraley faire mesme le ieur le Lundi en la forest seint Mathew auandit en la maner qui ensuit 25 Videlicet quod de Weymuth in longitudine Tamisie vsque Stanesbridge Perambul sact◠in temps E. le 3. Et ab inde in longitudine Tamisie vsque ad Loderslakeshache vbi tres com conueniunt Surr ' Bark Buckingh Et abinde dimittendo com' Bark a dextra parte vsque Stonyhuldwell Et abinde vsque les Quelmes Et abinde vsque orientalem corneram parci de Windsore Et semper in longitudine palacij eiusdem parci vsque ad molendinum de Harpesford Et abinde per eundem palacium vsque australem partem eiusdem parci Et abinde transmeando Regiam viam vsque Wyndwyggshull Et abinde vsque ad interiorem portam de Bromhall Et abinde vsque Thornhull Et abinde per viam quae dicitur Sydway in longitudine eiusdem viae Et abinde vsque la Lee. Et sic vsque Horton Et abinde per medium la Shete per Gomericheford quae in antiquo tempore vocatur Bacshhetesford Et nyent pius Chiuacherunt al dit iour eyns demorerenta Bacshete mesme la nutt Lendemaine le Mardie ensuyant chiuacherent auant de Gomerichesford Et abinde vsque Rolnescrouch Et abinde declinando in dextera parte vsque Wyshmorsden Et abinde vsque Brudefordesbridge vbi tres com' conueniunt videlicet Surrey Bark South Et les auauntdits Iustices en diuers lieux en la dit chiuache firent la Proclamation solemnement que ne fuist cy hardie de chacer ou malfaire en le Forest auaundit per reason de icel chyuachy tant il fuit returne a la Chancerie puis confirme per le Roy et son Counsaile 26 Puis apres les Iustices faissent lour recorde de quant ils auient fait de iour en auter solonque le tenure de lour Commission a eux graunte a commencement et ceo la returnerent desubs lour seales en le Chauncerie nostre seigniour le Roy longe temps deuaunt le iour a eux done de returne faire per lour Commission et la maner come il returnerent appiert per la Copie del dit Recorde que ensuit 27 Perambulatio Forestae comitat ' Surrey iuxta metas bundas per inquisic captam coram Thoma Tregor Perambulatio facta per visum Iusticiar Iohanne de Stonore Iohanne de Ifelde Iohanne Dabnon ad perambulationem illam factam assign ' Anno Regni Regis Edwardi tercij a conquestu primo postea per visum praedict ' Iohannis de Stonore Iohannis de Ifeld Iohannis Dabnon 28 Dominus Rex mandanit Tho. Tregorr Ioh. de Stonore Ioh. de Ifeld Iohanni Dadnoun breue suum in haec verba Edwardus dei gratia rex Angl ' dominus Hiberniae Dux Aquit ' dilectis fidelibus suis Tho. Tregor Ioh. de Stonore Io. de Ifeld Ioh. Dabnon salutem Sciatis quod cum in parliamento nostro nuper apud Westm̄ conuocat per Prelatos Comites Barones Coītatem regni nostri asserentes quod perambul'tempore domini E. quondam regis Angl'aui nostri in Forestis suis tam citra Trentam quam vltra factae non fuerunt obseruat ' nobis fuisset supplicatum vt nos eas sic factas per dominum auum nostrum concessas confirmatas iuxta easdē concessionem confirmac ' in omnibus obseruari Et in forestis vbi dictae perambulationes remanent faciend'eas fieri factas in forma praed'confirmare curaremus assignauimus vos tres Custos forestae vltra Trētam duos vestrum quorum vos praef Iohanne de Stonore vnū esse volumus ad conuocand'in praesentia vestra trium vel duorum vestrum quorum vos praefat ' Iohannē de Stonore vnum esse volumus custodem forestae nr ' citra Trentam vel ipsum quem posuerit loco suo et omnes Forestarios de feodo viridarios Forestar ' nostrar ' in com̄ Surr ' ad perambulac ' rectam per visum vestrum trium vel duorum vestrum quorum vos praefat ' Ioh. de Stonore vnum esse volumus et illor ' in forestis nostris in eodem com' in quibus perambulal'dicti aui nostri factae non fuerunt per sacrm̄ tam militum quam alior ' prob ' leg hominum de eodem com̄ per quos rei veritas melius sciri peramb. ille fieri poterint faciend'iuxta tenorem chartae domini Henr ' quondam regis Angl'proaui nostri de Foresta Iuxta tenorem Chartae Et ideo vobis mandamus quod ad certos dies et loca quosvos tres vel duo vestrum quorum vos praefat Ioh. de Stonore vnum esse volumus ad hoc prouiderit is premissa faciatis in forma praed ' Ita quod perambul'praedictae fiant nobis returnent ' citra festum Nat ' domini prox ' futur ' Mandauimus enim vic' nostro com̄ praedict ' quod ad certos dies loca quos vos tres duo vestrum quorum vos praef Ioh. de Stonore vnum esse volumus ei scire faciatis venire fac ' coram vobis tribus vel