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
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
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
the wilde beasts of the King for their pasture And if any person did the contrarie then they were gréeuously punished And also if any had Woods within the Forest to be agisted he might not driue his Hoggs through the demesne Woods of the King to his owne Woods without licence of the officers of the Forest Or if the Hoggs agisted in those Woods did chaunce to scape by night out of the Woods where they were agisted into the Kinges Woods then the owner of those Hoggs was gréeuously punished for that matter and also the Hoggs by the law were forefeited by the presentment of the officers of the Forest So that by such meanes a man that then had Woods or lands within the Forest should haue great dammage preiudice losse of the profit of his lands or woods and the agistment there fore the greatest parte of the yeare and for the remedie of these matters that Charter of the liberties of the forest was made which saide Charter of the liberties of the Forest doth now giue vnto euery such man that hath Woods within the Forest a verie great libertie which is that he may agist his owne Woods or lands which he hath within the Forest at his owne wil and pleasure at any time of the yeare And also that he may take the pawnage of them him selfe at his owne will and pleasure And also that he may driue his Hoggs or Swine through the Demeasne Woods of the King without any vexation or troble to agist them in his owne Woods or else where there And though that the Hoggs of any other person doe remayne all one night dammage fesant within the Kings Forest yet notwithstanding he whose Hoggs they were shall not be impeached or lose any thing for that offence But for as much as this letter of the Statute of Carta de Foresta was so generall a libertie giuen vnto all men therefore the Assises and customes of the Forest made in Anno 6. Edwardi 1. Caput 13. hath made one especiall lymitation and order concerning Swine or Hoggs which is that although they are not beasts comminable within the Forest nor to be kept there all the whole yeare Pag 4 but onely during the tyme of Pawnage yet a man may agist his Hoggs yearely within the Forest in the tyme of Pawnage as it doth appeare in the words of the same Statut the words being as followeth Si quis habuerit boscum iuxta dominicum boscum domini Regis Assisa Forestae cap 13 licitum est ei postquam dominice haie agitate sunt habere in bosco suo tempore paunagij tot porcos quot boscus per visum forestariorum viridariorum regardatorum agistatorum et aliorum proborum hominum possit pati et hoc fiat c. And so it doth appeare that the agisting of the Hoggs of any man at this daie within his owne demesne Woods within the Forest cannot lawfully be done vntil the demeasne hedge-rowes and hedges of the King be agisted and then he shall haue the agistment for Hoggs during the tyme of the Pawnage yearely What is Agistment by the view of the officers of the Forest and by their discresion assigned as the Woods may sustaine But now here it is verie necessarie to shew what thing agistment is what thing Pawnage is And for that it is to be vnderstood that agistment is most properly the common of Harbage What is Pawnage of any kind of grounde or land or Woods or the Mony due for the same And Pawnag is most proper the mast of the Woods or land or hedg-rowes or the Mony that is due to the owner of the same for it Maister Hesket in his reading of the Charter of the Forest sayth that the Pawnage is not the pasture mast for the Hoggs within the Forest but sayth he Master Hesket fo 48. it is the dutie or Monie that is to be payed to the owner of the ground for the pasture feeding and Mast of Hoggs And he saith further that the same hath beene so adiudged in the tyme of Edward the first but he doth not shew in what yeare but he setteth downe the case in these words Trespas fuit port per vn home pur entrer in son parke oue ses aūs son pawnage la depasta Et le briefe fuit abate per agard del Court Car le briefe doit estre que il oue ses auers pessonem suam la depasta et nemi vt supra Car le pawnage est solement les deniers payes pur cest pession The Letter is vnusquisque liber homo And if a man doe hold of me in villanage certaine Wood with in the Forest yet notwithstanding he may agist his owne wood for he is free against all men but onely against me But the lawe is contrarie if a villaine of the Kings do hold Wood within the Forest for it is properly such a villaine that the Statute doth meane for such a villaine hath not any libertie by this letter of the Statute and in that case the King shall haue his agistment and not his villaine If I doe giue land or Wood lyinge within the Forest to another in tayle Frankemariage or for terme of lyfe the donée or grauntée shall haue agistment and pawnage there The same lawe is if I do let my land or Wood within the Forest to one for terme of life or for yeares or at wil such a lessee shall haue the agistment and pawnage there but the law is contrarie of tenaunt by sufferance Carta de Foresta cap. 10. The words of the Statute of Carta de Foresta caput 10. are Further as followeth Nullus de cetero amittat vitam vel membrum pro venatione nostra Sed si quis captus fuerit et conuictus de captione venationis nostre grauiter redimatur si hēat vnde redimi possit Si autem non habeat vnde redimi possit iaceat in prisona nostra per vnum annum et vnum diem et si post vnum annū vnum diem pleg inuenire possit exeat de prisona sin autem abiuret regnum Anglie c. AT the commmn Law before the making of this Charter if any man had killed the Kings Venison or his Deare in his Forest then such killing was felonie by the lawe and for that offence such an offender should by the lawe lose and forfeit aswell his life and member as all that he had at the will and pleasure of the King And in auncient time that was called plena vita hoc est plena forisfactura and then the same was taken as a forfeiture and offence as if a man had fought and broken the peace within the Kings house or his hostell in warre or before the Iustices of the King sitting in the time of peace in their Iudiciall seate which Iudiciall seate is by the lawe a place priuileged and a peaceable place as the Forest is for the preseruatiō
tree in the Kings Woods is Vert. Vert in an other manns Wood. 29 Si quis vero I licem aut arborem aliquam qui victum feris suppeditat sciderit preter fractioneÌ„ Regalis chaceae emendet Regi viginti solidis If any man do cutt downe a Holly Tree of any other Tree in the Forest which doth beare Frute for foode for the wild Beastes besides the breach of the free chase Roiall he shall paie twenty shillinges to to the King for a recompence 30 Volo vt omnis liber homo pro libito suo habeat venerem siue viridem in planis suis super terras suas By this Lawe it doth appeare that before that time all wild beasts were the Kinges wheresoeuer they were out of the Forest And therefore the King made this Lawe that euery man might take his Venery in his owne ground so that they did refraine from the Venery of the King in his Forest sine chacea tameÌ„ Et devitent omnes meam vbicunque eam habere voluero 31 Nullus mediocris habebit nec custodiet Canes quos Angli Grey-hunds appellant Greyhound Liberali vero dum genuiscissio eorum facta fuerit coram primario Forestae licebit No mean person or Regarder may keep any grehouÌ„ds but freemen may keepe Greyhounds so that their knees be cut before the Verderors of the Forest and without cutting of their knees also if they doe abide ten miles from the boundes of the Forest But if they doe come any nearer to the Forest they shall paie twelâ—e pence for euery mile but if the Greyhounds be found within the Forest the maister or owner of the Dogg shall forfeit the Dogg and the same dog ten shillings shall be forfeited to the King aut sine genuiscissione dum remoti sunt a limitibus Forestae per decem Milliaria quando vero proprius venerint emendet quodlibet Miliare vno solido Si vero infra septa Forestae reperiatur dominus canis forisfaciet et canemet decem solidos Regi 32 Velteres vero quos langeran appellant quia manifeste constat in ijs nihil este periculi Velter langeran cuilibet licebit sine genuiscissione eos custodire Idem de canibus quos Ramhundt vocant Ramhundt What Doggs a man may keepe in the Forest These little Doggs called Velteres and such as are called Ram-hundt all which Dogges are to sit in ones lap they may be kept in the Forest because in them there is no daunger and therfore they shal not behoxed or haue their knees cutt but althought they be lawfull Doggs they must be lawfully vsed and kept as it doth appeare by the next Canon 33 Quod si casu inauspicato huiusmodi canes rabidi fiant et vbique vagantur negligentia dominorum redduntur illiciti The price of a meane man If by misfortune such a kinde of Dogs doe become so madd sauag and do runne vp and downe euery where by the negligence of their maister and so do become vnlawful then the owner must yeeld a recompeÌ„ce to the King for their vnlawfulnes If they be found within the circuit of the Forest then the maister of such Doggs must be sought out and he shall yeeld recompence according to the estimation of a meane man which according to the auncient Lawe is ten poundes et emendetur Regi pro illicitis c. Quod si intra septa Forestae reperiantur talis exquiratur herus et emendet secundum precium hominis mediocris quod secundum legem merimorum est ducentorum solidorum 34 Si Canis rabidus momorderit feram The price of a freeman tunc emendet secundum precium hominis liberalis quod est Duodecies solidis Centum Si vero fera regalis moi sa fuerit If a greedy rauening Dogg doe bite a wild beaste in the Forest then the owner shall yeeld recompence for the same according to the price of a freeman which is twelue-times a hundred shillings But if he doe byte a Royall beast then he shall be guilty of the greatest offence reus sit maximi criminis And these are the Constitutions of Canutus concerning the Forest very barbarously translated out of the Danish tong into Lattin by those that tooke the same in hande Howbeit as I finde it so I set it downe without any alteration of my Copie in any iote or title which for the more ease pleasure and better vnderstanding of them that shall reade these auncient Lawes of King Canutus I haue heere translated them out of Latin into English verbatim as neere as in sence the same may be made to agree together as heareafter followeth Here beginneth the Lawes of the Forest of King Canutus THese are the Lawes of the Forest which I King Canutus with the Counsell of my cheefe men do make and establish to that end that Peace Iustice might be ministred to all congregations of our Realme of England and that euery man that doth offend may be punished according to the manner of the offence and of him that doth offend 1 Nowe from hence foorth let there be foure men of the best account which haue their frée customes duties serued which Englishmen do call Pegened appointed throughout the Prouince of my realme to administer Iustice to al my people throughout all my Realme of England as well to Englishmen as to Danes together with condigne punishment for the offences of the Forest which foure men of the Forest we haue determined to call them Primarios that is to saie the cheife men 2 Let there be vnder euerie one of those foure cheife men of the Forest foure meane men placed which Englishmen call Lespegend but Danes do call them yong men which shall take vpon them the charge and burthen both of Vert and Venison 3 But in the execution of Iustice I will that in no wise such foure cheife men doe let in or suffer such meane men to ioyne with them therin For after that they haue taken vpon them the charge of the wilde beastes they shal alwaies be accounted for freemen which the Danes doe call Eldermen 4 Againe vnder euery one of these meane men let there bee two of the least men of account of the Forest which EnglishmeÌ„ do call Tyne-men these persons shall vndertake the seruile labour and also the night charge of Vert and Venison 5 If such a seruile officer shall fortune to be a bondman so soone as he shall be placed in our Forest let him be made Frée of his bondage all these persons we will maintaine of our owne costes 6 And also euery one of the saide foure cheefemen shall haue for euery yéere of our allowance which the Danes doe call Michni two Horses one of them with a Saddell an other of them without a Saddell One Sworde .5 Iauelins one speare one shilde and x. li in money 7 And euery one of our said meane men
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
incontinently deliuer such persons indicted to mainprise without taking any thing then the plaintife shall haue a writ out of the Chauncery to the shirife to attach the said warden to be before the king at a certaine day to aunswerer wherefore he hath not repleuied him that is so taken And the Shirife the verderors being claled to him shall deliuer him that is so taken by good mainprise in the presence of the verderors and shall deliuer the names of the mainpernors to the same Verderors to answere in the eire of the Iustices And if the chiefe warden be therof attainted the plaintife shall recouer his treble dammages and the said Warden to be committed to prison and raunsomed at the kings will And from hencefoorth it shal be written to them as to the chiefe Wardens of the forest because they may not be Iustices nor to haue any Record Anno 1. E. 3. cap. 8. Stat. 1. 25 No forester nor kéeper of forest or chase nor none other minister shall make or gather sustenance nor none other gathering of vitailes nor other thing by colour of their office against any mans will within their bailiwike nor without but that that is due of auncient right Anno. 25. E. 3. cap. 7. Stat. 5. 26 No maner of Iurie shall be from henceforth compelled by any minister of the forest to trauell from place to place out of the places where their charge is giuen to them against their grée nor by malyce nor by manace The verdict to be giuen vp where the charge is giuen them or other duresse constrained to say their verdict of a trespas done in the Forest otherwise than their conscience will cleerely informe them but they shall say their verdicts vpon their charge in the places where the charge is giuen them as aboue is saide Anno. 7. R. 2. cap. 3. 27 That no man be taken nor prisoned by any minister of the forest without due indictment or by manouerie or trespassing in the forest or els wher nor shal not be constrained to make any obligation or raunsome to any minister of the forest by any maner against their grée and the assise of the forest And if any do against this ordinance in any point and thereof be attainted he shall pay to the partie damnified their double dammages and fine and raunsome to the king for his offence Anno. 7. R. 2. cap. 4. 28 From henceforth all and euery the Iustice and Iustices of the kings forestes parkes chases within this realme Note that by the common law the Iustice of the forest is a Iudicial office and therefore he could not make a deputie to execute the same office before this statute which now be or hereafter shall be by their writing sealed with the seale of their office shall make assigne depute and appoint as many deputie or deputies for the exercising of the same office of the Iustice or Iustices of the forests as to such Iustice or Iustices from time to time shal be thought conuenient which deputie and deputies so appointed shall haue like power and authoritie to do and execute all things concerning the kings forestes parkes and chases and all other things concerning the office and offices of the Iustice of the forests to all intents and purposes But it seemeth that the office of the chiefe warden of the forest is no Iudiciall office because the writt of Homine replegiando is by the Statute of An. 1. E. 3. ca. 8. before here 24. to be directed to him And further if his office were a Iudicial place he could not make deputies as he doth to execute the same and in as large and ample manner and forme as the same Iustice or Iustices might or may lawfully doe or execute by the lawes of this realm and as though the same Iustice or Iustices were there personally present in his or their owne person or persons Anno. 32. H. 8. cap. 35. 27 Euery man that hath wood within the Forest may take the same wood without being attached by any officer of the Forest Anno. 1. E. cap. 2. so that he do it by the view of the Foresters Anno. 1. Ed. 3. cap. 2. Statut. 2. A man may hedge in or fence his wood and maintaine keepe the same in the Forest by this statute Nota per cest statute que vn auter person que le royne poit auer vn Forest per la comon ley Nota que cest statute fuit in le negatiue del comen ley ergo le comen ley fuit contrarie deuant ceo If any of the Quéenes Subiects hauing woods of his owne growing in his owne ground within any Forest Chase or Purliew of the same within this Realme of Englande shall cut or cause to be cut the same wood or part thereof by licence of the Queene or of her heires in her Forestes Chases or Purlewes or without licence in the Forest Chase or Purliewes of any other person or make any sale of the same wood it shal be lawfull to the same Subiect owner of the same ground whereupon the wood so cut did growe and to other such persons to whome such wood shall be solde Imediately after the wood so cut to coppie inclose the same ground with sufficient hedges able to kéepe out all maner beastes and cattell out of the same ground for the preseruing of their yong springs and the said hedges so made the said Subiects may kéepe them continually by the space of seuen yeares next after the same inclosing and repaire and sustaine the same as often as it shall néed within the same seuen yeares without sewing of any other licence of the Quéene or of her heires or other persons or any of their officers of the same Forestes Chases and Purliewes Anno. 22. E. 4. cap. 7. The Statute for the drift of the Forestes and what beastes are not to be suffered to common in the wast soyle of the Forest NO commons or commoners within any forest chase more marish hethe common or wast ground nor any officer or officers of or within any of the said forestes or chases nor any other person or persons whatsoeuer he or they be at any time after the last day of March which shal be in the yeare of our Lord God a thousond fiue hundred thrée fourty shall haue or put to pasture into or vpō any such ground forest chase more marish heth common or wast ground any stoned horse or horses being aboue the age of two yeare and not being of the altitude and height of fiftene handfulles to be measured from the lowest part of the houe of the forefoote vnto the highest part of the wither and euery handfull to containe iiii inches of the standerd to pasture feede or be in or vpon any of the said forestes chases commons moores marishes hethes or wast groundes within any of the shiers and territories of Norff. Suff. Cambridge Buck. Huntington Essex Rent Southampshyre Northwilshyre
Vert or Venison that shal be done within your charge but aswell the same offence as also all attachments you shall present at the next Court of attachmentes or Swanimote which shall first happen to be holden for the same forest and you shall to the vttermost of your power maynteine and kéepe the assises of the forest and in all thinges the kinges right defend concerning the same so long as you shal be kéeper there so helpe you God The othe of a Verderor alias a Veredictor YOu shall trewlie serue our soueraigne Lord the king in the office af a verderor in the forest of W. you shall to the vttermost of your power and knowledge do for the profit of the king so far as it doth apertaine vnto you to do You shal preserue maintaine the auntient rights and franchecies of his Crown you shal not conceale from his Maiestie any rightes or priuileges nor any offence either in Vert or Venison nor any other thing You shall not withdrawe nor abridge any defaultes but shall endeuour your selfe to manifest and redresse the same and if you cannot do that of your selfe you shall giue knowledge therof vnto the king or vnto his Iustice of the forest you shall deale indeferently with all the kings liege people you shal execute the Lawes of the forest and doe equall right and Iustice as well vnto the yoore as vnto the riche in that appertaineth vnto your office you shall not oppresse any person by colour thereof for any rewarde fauour or malice all these thinges you shall to the vttermost of your power obserue and kéepe so helpe you God The othe of the Inhabitantes of the Forest being of the age of twelue yeares as the same hath bene accustomed vsed in auncient time YOu shall trew liege man be vnto the kings Maiestie You shalt no hurt do vnto his beastes of the forest Nor vnto any thing that doth belong thereto The offences of other you shall not conceale But to the vttermost of your power you shall them reueale Vnto the officers of the forest or vnto them that May sée the same redrest All these thinges you shall sée done So helpe you God at the holy dome I haue here set downe the seueral othes of these officers aforesaid to the end that they being coÌ„pellable by the Law to take an othe may knowe what their othe is and so by their othe their office also for it is a learning at the common Law that such officers as doe execute offices in which they shal be forced to take an othe their othe doth either at large or brefely comprehend the whole effect of their office as you may perceiue by examininge of those othes aforesaid It seemeth that where a Verderor or other officer of the Forest hath a right or interest to haue yerely for his see one Buck or one Doe by reason of his office or otherwise in any Forest Parke or Chase that then the same verderor or other officer that hath such right or interest to haue such a Buck or Doe as afore saide may enter into the same Forest Parke or Chase and there kill and take the same at his will and pleasure and may iustifie the same taking and killing of them both by the rules of the common Lawe and also by the rules of the Forest lawes as it shall appeare by these cases hereafter following ANno 2. R. 2. En trespas il est tenus come vn maxime que si ascun home ad interest a ascuÌ„ chose per le graunt ou assent dune auter Fitzh titulo Barr. 237. Parkins fo 28 et le partie que ad tiel interest ne poit auer le principal chose sans faire auter chose que il poit faire le dit auter chose et ceo iustifier eo quod il est le meanes a vener a son profit Car la est tenus que si vn graunt a moy touts ses arbes cressants in son boys ieo poy eux succider carier per tout son terre mesque son herbe soit defoule oue le carrage il nauera briefe de Transgrâ— de ceo Car les arbres soint tiels choses que sils ne deuissent este caries oue carects il ne puit auer eux â—e faire son profit de eux Et le case fuit la Auxsi adiudge que si vn vend touts ses pessons en son stanke et le vendee fowa vn trench issint que le ewe poet currer horse per tiel meanes il puissoit prender les pessons Et le vendor port briefe de trespas vers luy pur le fower et la agard fuit que il recoueroit pur ceo que il puit prender les pessons per rethes ou auters engins Mes si nust este ascuns auter meanes a prender eux Auter vst este Come est la tenus Et pur le vener al banks a pischer il poit bien iustifier Per la forest ley M. 13. H. 7. fo 10. a nota 9 car sans ceo il ne poit eux prender per ascun meanes Issint que home touts faits Iustifiera la necessarie circuÌ„stance lou il ad title al principall chose Et M. 13 H. 7. fo 10. et nota 9. le case fuit tiel En br ' de trespas sur le statute de mistesors in parkes le defendant dit que le pleintife done vn dame male a vn B. il come seruant a le dit B. vient oue luy a le dit parke et per son commaundement luy aide de tuer le dit dame per force de quel il vient et enter in le dit Parke et chase le dit dame et luy tua de quel chase le pleintif ad conceiue cest accion Et loppinion de touts les Iustices fuer cleremeÌ„t que ceo fuit bon iustification Car ils diont que si vn home ad vn garrant pur vn dame male ou female il est congeable a luy de amesuer sez seruantz oue luy de prender le dit dame car autermeÌ„t il serra chase de prender le dame luy mesme le quel nest reasonable per que ils semble le iustification bon quel case bien proue que lou vn home ad intrest al vn dame come vn verderer ad il poit iustifie le prisans de ceo oue son seruants Car auterment si le forester ne voile occider son dame pur luy il ne poit auer son dame Car il nad ascun meanes in la ley a compeller le forester a occider le dame pur luy et donques si le forester ne voile occider le dame ne il mesme puit iustifier al occider son dame demeane Donques la ley ne ad prouide ascun remedie pur luy auener a son dame demeane en que il ad interest et pur ceo la ley nest
c. et que le keepers ont garde le deere et le boys per idem tempus Et que del second iour de Iulii tanque le xiiii iour de mesme le mois 22. sauages fueront tues per persons disconus in negligence le pleintife Et hoc c. Yong Per negligence del officer lannuitie et loffice est extinct Et per Choke Iustice si Seneschall ne tient les courts ou ne eux tient pur le profit del seignior cest forfeiture de son office Newton Iustice Parker nē tenus de gard le parke chescun iour ne demaine iour ne festiuall iours mes serra al deuine seruice ne in le nuit ne degarder ceo contra vi ou viii hōes car vltra posse Et garden de prison que permit wilfull escape cest est forfeiture de son office mes escape in le nuite nest que negligence del officer quere inde Arderne plus est in le plee que ne besoigne s adire que les keepers ont garde le deere le boys in le parke Car ceo est intend en le ley Et tenetur quod neglexit custodire nest bon issue Car neglexit est adinier Yong il non custodiuit parcum per 12 dies vt supra Danby cest est le meliour pleading Et nota que est communiment dit quod quel ley est de Parker mesme le ley est de forester del vn forest Et in Anno quinto Edwardi quarti fol. 5. Anno 5. E 4. fo 5. Br. forfecture 55. Le case fuit aiudge que si Parker ne gard le parke tali die per que le deere sont occise per persons disconus ceo est forfeiture de son office pur ceo fuit le negligence del keeper del parke Et semble mesme le ley del forester del forest car il ad mesme le charge del dames come parker ad in son parke Et in Anno 11. H. 4. fol. 1. fuit tenus per Vauisour An. 11. E 4. fo 1. Br. forfecture 61. non attendance sur office per lofficer est forfeiture Et idem de fesans contrarie a son office Et idem de misfesans de son office que il ne fait droit al parties Et idem sil foit demaund pur vener de faire son office et ne vient et vide tiel matter 20. E 4. fol. 6. 20. E. 4. fo 6. Br. Forfecture 115. que officer que ne voit vener a faire son office forfeitera son office The Lord chiefe Iustice of the Forest hath an absolute authoritie appointed vnto him to determine of offences that are committed and done within the Queene Maiesties Forestes either in Vert or Venison And the same offences are to be determined before him and not before any other Iustices except those that are appointed by her Maiesties Commission vnder the great Seale of England to aide and assist the said Lord chiefe Iustice in that place as it doth appeare by the Statute of Carta de Foresta Cap. 16. in these wordes as followeth Charta de Foresta ca. 16. NVllus Constabularius Castellanus vel balliuus teneat placita de Foresta siue de viridi siue de venatione sed quilibet forestarius de feodo Attachiat placita de foresta tam de viridi quam de venatione et ea presentet viridarijs prouinciarū et cum irotulata fuerint et sub sigillis viridariorum inclusa presententur capitalibus Iusticiarijs nostris de foresta cum in partes illas venerint ad tenendum placita de foresta coram eis terminentur Has autem libertates de forestis concessimus omnibus c. By which words of the statute coram eis terminentur doth exclude any other Iustices to heare and determine the said offences of the Forestes but onely the Lord chiefe Iustice of the Forest and those that are in Commission appointed with him to aid and assist him For the statute is in the negatiue of the common Lawe and doth restraine all other Iustices and saith coram eis terminentur and in that sence the Statute is taken by the learned Iudges of the common Lawe For in Anno. 21. H. 7. fo 22. the case was such Anno. 21. H. 7. fo 22. nota 8. En trespas de malefactoribus in parcis et Count que le defendant intrauit in quandam Forestam et loppinion del court fuit que cest accion ne gist mye si non sit pur mis-fesans in parcis Car le statute de West 1. cap. 20. est cantsolement en Parkes et ceo serra pris stricte Issint le punishment que est done pur male fesans in forestes est punishable per lestatute de Charta de Foresta et nemy en auter maner c. By which case there are two things to be noted that is to saye First that the statute de malefactoribus in parcis doth not extende to a Forest Stat. Westm 1 cap. 20. de malefactor ' in Parcis for that a Forest and a Parke are two distinct things at the common lawe and therefore that statute that was made to reforme iniuries done in the one doth not extend to any hurtes done in the other The second is that by the said case it doth appeare Charta de Foresta ca. 16. that by the construction of the statute of Charta de Foresta made for offenders in the Forests they are to be punished according to the same statute and not in any other manner as it doth there more plainly appeare And in Anno. 21. H. 7. fol. 30. nota 7. 21. H. 7. fo 30. nota 7. the case was as followeth Endictment de occiser de vn Hart proclame troue deuaunt Iustices de peace et lenditement fuit challenge pur ceo que il ne monstre en lendictment en quel lieu le proclamation fuit fait Et auxi il ne monstre en quel lieu il fuit occise car si fuit occise hors del boundes del forest il est loyal a luy de luy occiser fuit dit per seigniour Fineux que il puit pleder cest matter al iurisdiction del court pur ceo que les Iustices del forest determiner cest matter c. By which case there are sixe things especially to be noted 1 First that euery Indictment against any offendor for offences done in the forest must be certaine concerning the thing it selfe for which the offendor is Indited as to shew that it was for killing of a Hart and also to shew where he was proclaimed a Hart. 2 Secondly that it must be certaine concerning the place where the offence was done for that the killing of the Hart within the forest or without the forest doth make the same killing an offence or no offence therefore it must be shewed in the Indictement certaine Et vide le case 12
H. 8. fo 10. que proue qui si ceruus est extra forestam vagrans est loyal a chescū subiect a occider aprender ceo in what place of the forest the same Hart was killed for otherwise it doth not appeare that it was any offence by the Lawes of the forest 3 Thirdly it is to be noted that a Hart proclaimed which is called in Canutus Lawes fera Regalis a Roiall beast being a beast of the most estimation of any wilde beast in the forest yet if he be wandering out of the forest it is lawfull for any of the kings Subiects to kill him without any offence in the forest Lawes 4 Fourthly it is therefore especially to be noted that a forest must haue his limits and boundes within the which the wilde beastes of the forest are to haue a place of firme peace for them to abide in in the safe protection of the king frō the hurt of his subiects whereof the same doth receaue the name of Forest that is to saie a place for the wilde beastes to abide in for rest which by shortnes of speach is called Forest 5 Fiftly that such offences which were committed by any offenders within the forest are to be tryed before the Iustices of the forest only to be punished there by the forest Lawes for as much as there are Lawes appoynted for that purpose differing from all other Lawes 6 Sixtly that if any man be indicted or called in question for any such offences that are done or committed within any forest either in Vert or Venison in any other place then before the Iustices of the forest that then euery such offendor may plaed that matter to the iuridiction of the court where he shall so be called in question and shew vnto them that the offence for the which hee was called in question was done in such a forest and that the Iustices of the forest are to determine that matter only and that no other person haue power nor authoritie to determine that offence Ordinatio Forestae in which is in secund◠pars veterum Statutor fo 67 And further it is manifest that by the Statuit of Ordinatio Forestae it is ordained and appoynted that all offences that are done or committed within the forest either in Vert or Venison shal be presented at the next Swanimote and the statuit doth set down there in what order before whom it must be done that is to saie corā forestarijs viridarijs regardatoribus agistatoribus et alijs eorundem forestarum ministris c. et si in alio modo fiat Indict ' pro nullo penitus habeatur which doth not only shew that all offences committed and done within the forest either in Vert or venison are only to be presented before the officers of the forest but it doth perfectly sett downe the manner how the same shal be done if it be done in any other manner then there is set downe the same shal be voyd by which Statute it is to be gathered that all the procedings against offences committed in the forest in any other place then before the Iustices of the Forest shal be void and that none other haue power and authoritie to procede against offendors in the forest but the Iustices of the forest only Certaine cases and especiall notes meete to be learned of all men that will knowe the nature of wild beastes and who hath or ought to haue any interest or propertie in them All which are things very nesesarie for foresters and officers that doe belong to the forest to knowe ANno 43. Edwardi 3. fo 24. in an accion of trespasse it was holden that the writ shall not say damamsúam cepit 43. E. 3 fo 24. Br. Propertie 10. if he do not saie that it was taken in his park or warren or else say that he was damam domitam which doth proue that if the beast that was taken a way be not a tame beast the plaintife hath not any propertie in him when he is out of his ground for so long as he is in his parke or warren he hath then propertie in him ratione soli 22 〈…〉 Br. Propertie 19. And in Anno 22. Henrici 6. fol. 95. It is holden by Newton that in an accion of trespasse brought quare clausum suum fregit et damas cepit that there he may well saie damas suas and so you may sée that where wild beasts of nature be taken out of my soyl I haue propertie in them so long as they are in my soyle then I may saie Damas suas and when that they are out of my soyle I haue no propertie in them therefore he cannot saie Damas suas 7. H. 6. fo 38. Br. Propertie 20 And in 7. H. 6. fo 38. it is there holden that when sauage beasts of the kinges goe out of the forest the propertie is out of the king so you may sée that the king hath propertie in them when they are in the forest for it is said there that the land maketh the propertie of such wild beasts quod nota for if they be out of the forest of the king or out of the owners parke or warren then capienti conceditur And in 18. E. 4. 14. it is holden there that the deare in a parke which are wild of nature a gift of them is void 18. E. 4. fo 14 Br. Propertie 31 if he to whome the gift is made do not take kill them while they are in the parke for the owner hath propertie in them but ratione soli so that if they be out of the parke the owner of the parke hath no interest or propertie in them 43. E. 3. fo 24. Br. Propertie 37. And in Anno 43. E. 3. fo 24. it is holden that an accion of trespasse quare damam suam cepit doth not lie except the Déere were taken out of his soyl for otherwise he cannot saie damam suā because he hath no propertie nisi ratione soli but it is cōtrarie if it be damam suā domitā cepit for in tame déere the owner hath propertie quod nota diuersitatem for in Bées Foules or Fishes sauage Natura breuium fo 87. there is not any propertie nisi ratione soli Vide Natura breuium fo 87. de Esperuers Cunicles et Feris An. 12. H. 8. fo 10. Br. Propertie 45. And in An. 12. H. 8. fo 10 the case was as followeth a foster of the forest doth pursue followe a hunter that had chased a Hart out of the forest into his owne proper land and there killed him and the Foster of the Forest did pursue him and did take the Hart againe and the other that had killed the Harte brought an Accion of Trespasse de ceruo mortuo capto et asportato and he was barred of his accion for so long as a sauage beast Fishe or Foule is in my land I haue possession
to be of good abearing to the Forest Item he that receiueth venison of such as haue trespassed in the Forest shal be as well punished as the principall And hee that stealeth Venison in the Forest and doth carry the same away vpon his horse backe the horse shal be forfeited per Assisam Forestae But if they take the horse of a stranger which is ignorant of the fact the horse shall not be forfeited Quia ignorantia facti excusat ignorantia Legis non excusat This hath beene taken for a verie good forme of Indictment Quod A. B. est communis malefactor ' Venationis vbique in foresta malefactoribus venationis consentiens It is a good Indictement Quod I.S. consuetus est ponere Acutas Catheas in berkis haiarum ad feras capiendas And vpon this Indictement was the offender outlawed Item an Abbot that lent a bowe arrowes to another man to th entent to kill the Kings Deere was fined and raunsomed A.B. venit in parco de S. ad malefaciendum de venatione And this was taken to be a good IndictmeÌ„t A keeper was indicted for receiuing a bribe to the intent to conceal an offender If a man find a trespasser in the Forest killing or breaking vp any Déere findeth him with the maner doth receiue a reward to kéepe his counsel he shal be imprisoned fined and raunsomed Pickering f. 5. Casu Bulmer Pickerrng 13. A Hare is Venison Assisa de foresta art 8. Two men were indicted for striking an Hare in her forme for taking of another within the Forest the one of them was coÌ„mitted to prison made fine raunsome for the same offence was bound to the good abearing of the forest And the other was outlawed wherby it is to be noted that Hares are Beasts of the forest Assisa de soresta art 8. By the Assise of the Forest Si Leporarij inuenti fuerint currentes ad aliquod nocumentum ferarum Forestarius debet retinere eos presentare in presentia viridariorum mittere eos domini Regi vel capitali Iusticiario forestae Itinere Pickering fo 6. 41 in le case de Iohannes Barlar Iohannes Augustye Item if a Forester do take an offender with the manner he may carrie him to prison The Abbot of Whitby did kill a Harte within the Ryuer of Deruent which was the metes of the Forrest of Pickering The Abbot and his companie were Indicted for the same Quia seperunt vnum Ceruum in aqua de Deruent quae est Marchia Forestae The like presidentis fo 6. W. Moyfon Ibidem fo 6. b. affearors venationem illam se cum asportauit And for this he made his fyne and raunsome and was bound to good a bearing It is to be noted that all the Freeholders within the Forest as well Spirituall as Temporall must in any wise appeare before the Iustice seat primo die Itineris And of euery towne the Reue and iiii men also with him which is called prepositus quatuor homines c. And if they make default they shal be amerced and their amercement shal be affeared by affearers there Item Pickering fo 6. b. It is directly against the Assise of the Forest that any Baker or Brewer should bake or brewe in the Forest Item that the principall Foster at the Iustice seat shall make an account of all the Deere that hath beene killed by warrant within the Forest Killing of deere by warrant And in the same place shall iudgement be giuen which be good warrants and which are not And for those that are not Assisa Lanc. fo 3. Pickering fo 18.7 the Forester shal be punished Item per Assisas Forestae it appeareth that Tythe was paide of Venison Likewise for trees the chiefe Forester must make an account of them by what warrant they were cut downe And for those which he cannot shewe good warrant he shal be amerced Assisa de Pickering fo 7. b. Item if the Foster do giue a noble man a course his dogges do kill this must be presented at the Iustice seat Assarts Assisa foresta de Pickaring fo 7 And as touching Assarts per Assisam Forestae He that is presented to haue Assarted or enclosed any lande within the Forest out of the Kings demeasnes in his owne fee or in the fee of any other man he shall make fine for this offence And if he will after compound with the Iustice he may continue the same paying to the King a yearely rent which must be entred of Recorde at the time of the arrenting thereof And as concerning Agistors of the Kings woods euery Agister within the Forest must bring before the Iustice seat a iust accompt what money he hath receiued for pawnage And the forme of the entrie thereof is thus Rogerus M. respondebat de iiii s. de pannagio porcorum de Estwood c. Item Assisa forestae Pickering fo 8. if any man take off the Skinne of any wilde Beast that dyeth of the Moreyne within the Forest if the same be presented he shall be punished for the same and if he come in he shall paye the price of the Skinne and be amerced for the offence Item it is finable to permitt a strangers beastes to pasture in the Forest and the forme of the entree of the Recorde is thus Item presentant quod A.B. agistat omnia aueria sua in mora de F. infra forestaÌ„ ad dampnum domini Regis et ad nocumentuÌ„ ferarum Et nesciunt quo warranto Agistments Assisa de Pickering fo 10. Alicia Gower Ideo preceptum est vicecomÌ„ quod venire faciat eum Et postea testatum est per ministros forestae quod ipse nihil habet infra forestam Ideo pro agistamento praedicto in misericordia remaneat agistamentum in manu domini Regis If any owner of any woods in the Forest do appoint a Woodward in his woods where there was neuer any before Ibidem it is finable per Asâ—isas forestae Item Ibidem he that without warrant of the King pulleth down his auncient house in the Forest and setteth it vp in another place without the Forest this is finable Item Ibidem if the Foresters do disturbe the cattell of any person or township to haue common within the Forest whereby they haue wrong or do take any money of them by extortion this is finable by the Iustice Seat And because such like matter may chaunce hereafter at a Iustice Seate I haue here put downe a presidene to be followed vz Item present ' Quod Prior Hospitalis Sancti Iohannis agistat aueria extraneorum apud F. infra limites Forestae quod est Agistments ad nocumentum ferarum ad damnum domini Regis Et nesciunt quo warranto A claime the first day Ideo preceptum est vicecomÌ„ quod venire faciat cum postea venit
offence was done in such a place which is within the Forest so that thereby it may appeare whether the same offence were done within the Forest or not 5 Concerning the thing in the which the offence was done for therby it may be decerned whether the same offence be any offence or no offence Thirdly the same presentment must be certaine concerning the thing it selfe in which the offence was committed or done as to saie that the offendor killed a Buck or a Dooe or as the cause in trueth was 4 Concerning the Instrumentes Fourthly the same must be certaine concerning the instrumentes with the which the offence was done and that ought to be shewed certainly for the instrumentes with the which the offence was done are forefected to the king as if an offendor do enter into the Forest with a Crosebowe or a long bowe and there doe kill a Déere the Crosebow is forfected to the king and so is the long Bowe likewise The fiift is that the same presentment must be certaine concerning the maner of the doing of the same offence 5 concerning the manner of the acte for the maner and forme of the doing of the same offence may make the punishment thereof greater or lesser as the case doth require It may make the same offence to be a voluntary offence in the offender or a negligent offence in the offender as if a man riding through the Forest hauing a Greyhound fast in a slip by his side the Greyhound passing this thorow the Forest doth espye the Déere Voluntary offence negligent offence and with the force and strengh of the Greyhound he doth slip the coller and so against the will of the owner the same Greyhound doth kill a wilde beast of the Forest this is but a necgligent offence in the owner of the Greyhound in which case the maner of the same offeâ—e must be crtainly shewed And as concerning Attachementes of the Forest it is to be noted that there be three maner of Attachementes of the Forest that is to saie To attache 1 By goods cattels 2 By body Pledges Mainprise 3 By the body only without pledges or Mainprise THe first maner of Attachement is The first manner of attachement to Attache a man by his goodes and Cattels and that is to Attache a man in the same maner as the Sherife doth make an Attachment at the comon Lawe by the goodes of any person in an Accion of debt or trespasse in the County Courte to cause the party attached to appeare there and to aunswer the saide Accion Euen so it is if an offender within the Forest haue committed any offence in any manner of nether Verte and afterwardes when the Forester hath knowledg thereof then the Forester may attache his Cowe or his horse or any other beast or goodes that he hath within the Forest and then after such Attachement made to declare vnto the owner of the same goodes or Cattels the cause why he is so Attached and to will him to appeare at the next Courte of attachementes and to find Pledges there to answer the same offence and then such a Forester in the meane time to kéepe such goodes or Cattel or Cattells so attached in his owne Custodie vntill the next Court of attachementes to be holden for the same Forest and then the same Forester at the said next Court to bring in the same attachement before the Verderors and there to present aswell the offence for the which he was so attached as also the attachement it selfe to th end that the Verderors may vew the same and then if the same offender do not make his apparance at the saide next Court according as he was attached to be to answer his saide offence but there doth make default then by his default for not appearing his goodes that were so attached are forfected to the Quéenes Maiestie then by the order of the same Courte the same attachement shal be sold the valew thereof shal be aunswered to the Quéene and the same offender shall be attached againe by other goodes and the like shal be still done against him vntill such an offender do appeare at the said Courte of attachementes and there do put in suerties or pledges to aunswer the saide offence at the next Iustice seate of the Forest But if such an offender do appeare at the said Court of attachementes and doe there finde pledges to aunswer the offence aforesaide at the next Iustice seate of the Forest then he is to haue his goodes that were attached deliuered vnto him againe But it semeth by the auncient Presidentes of Forest Lawes that in euery presentment of offences done in the Forest in Vert that is presented before the Verderors In a presentment of Vert the valewe of the Vert must be set downe the valew of the Vert must be set down in the same presentment and deliuered to the Verderors vpon the othe of the Forester and if by the presentment of the Forester vpon his othe it doth appeare that the value of the same Vert is vnder the summe of foure pence so that the same offence doth séeme to be so small an offence that it is not worthie to be heard before the Lorde Iustice in Eyer of the Forest then the Verderors may determin the same offence before them in the saide Court of attachementes and assesse the fine and also cause the same to be leuied to the vse of the Quéenes Maiestie and al this to be entred in their roll accordingly And the like manner of attachementes by goods and Cattels may be made and vsed for all manner of small offences in the Forest and for any manner of trespasse in Vert or Venison where the offender is not taken with the manner doing of the same trespasse sauing only in certaine cases which shal be shewed hereafter for that by that meanes the forester may compell the offender in the end to come before the Verderors to appeare at the said Court of Attachements and there to finde Sureties or Pledges to aunswere the same trespasse or offence according to the Lawe in that behalfe at the next Iustice seat of the Forest before the Lorde Iustice in Eyer of the Forest And thus much concerning the first attachement by goods and cattals The second manner of attachement is The second manner of Attachement to attache a man by his body by pledges and by mainprise and this manner of attachement may be made and vsed in euery case where the Forester doth finde any offender in the Forest trespassing in Vert and doth take him with the manner doing of the same so that the same be not in the Kings demeasne woods making of Asserts or Purpresture there then the Forester may attach him by his body and then cause him to finde two Pledges to aunswere the same offence at the next Court of attachements And then vpon his appearance at the saide next
sit virid ' so that if an offender haue bene taken with the manner offending in Vert in the Forest Verte and haue bene deliuered by two pledges for that offence and likewise for the second time offending by foure pledges and afterwardes for offending againe the third time haue bene deliuered by 8. pledges according to the saide article then if he he taken with the manner doing of a trespasse in the forest in Vert the fourth time his body shal be detained in Prison according to the said assises of the forest Scilt ' postea post tertium Attachiament ' corpus debet attachiare et retinere c. And then he that is so attached by the body imprisoned he shall not be deliuered out af Prison Who may bayle an offeÌ„der Imprisoned in this case or be bayled without the kinges especiall warrant for that purpose or that he be bailed or deliuered out of Prison by the Lord chiefe Iustice in Eyre of the Forest or by the chiefe warden of the Forest for otherwise he that is so imprisoned as is aforesaid no officer of the forest may deliuer him out or to mainprise 2. Degree assisa Forestae Articulo 4. THe second degrée of such offenders as are to be attached by the bodie only is specified in the saide assises and customes of the forest Art ' 4. in these words Si quis inuentus fuerit in dominico domini Regis assertando vel purpresturam faciendo corpus debet protinus retinere so that if any man be found or taken with the manner Vert. making of purpresture in the demeasne woodes of the king his bodie shal be foorth with taken and after that he is so attached by the bodie he shall be detained in Prison for the same offence and then he shall not be deliuered out of Prison or bailed without the kings especial warrant Who may baile an offender in this case or by the Lord chiefe Iustice in Eyre of the forest or by the chiefe Warden of the forest for in this case no other person can deliuer him by bayle or otherwise 3. Degree THe third degrée of such offenders is also declared in the saide assises of the forest in the fourth article in these wordes Si autem extra dominicum infra rewardum debet poni per sex plegios et si alias inueniatur debet duplicare eius plegios Vette si tertio corpus debet retinere so that if a man he found in the Forest asserting or making of Purpresture out of the kings demeasne Woodes For the first offence be is to be deliuered by sixe pledges And if he be found offeÌ„ding so again the second time Who shall baile an offender in this case then he shall double his pledges But if he be found so offending againe the third time then he shall be attached by his bodie and shal be detained in prison and shall not be deliuered or bailed out of prison but as is beforesaid and not otherwise THe fourth degrée of offenders in the Forest in this case 4 Degree Assisa Forestae Articulo 5. is expressed declared in Assisa Consuetudines Forestae articulo the first in these wordes Si quis attachiabilis fuerit contra vadios et plegios debet distringi per cattalla sua infra metas Forestae inuenta si autem defecerint corpus eius detineatur quosque fecerit quod debuerit In this case Vert. if any person that hath bin an offender in the Forest in Vert and being therefore bound to the good behauiour of the Forest and afterwards the said offender committing the like offenee in the forest againe and being taken with the manner and hauing no Cattell in the Forest that may be attached by for the same offence then his bodie is to be attached and to be detained in prison vntill that he haue done that which by the Lawe he ought to doe Who may baile an offender in this case And such an offender is called contra vad'et plegios because he doth now offend contrary to his pledges suerties such an offender shal not be deliuered out of prison by meanes or by any other person then is aforesaid THe fift degrée of offenders in this case is for Veuison 5. Degree Assisa Forestae Artic. 10. 11 which is declared in Assisa et Consuetudines Forestae Articulo 10. in these wordes Si quis ceperit feram sine Warranto in Foresta corpus suum arestetur vbicunque inueniatur infra metas Forestae et quando captus fuerit non deliberetur sine speciali precepto domini Regis vel capitali Iusticiar ' Forestarum suarum and againe in the same assises in the 11. Venison Article in these wordes Si quis viderit aliquos malefactores infra metas Forestae aliquam feram capere vel asportare debet illos capere secundum posse suum et si non possit debet leuare hutesium Crie c. Note the word is â—â—â—a a wild beast In which cases if any offender be taken with the maner killing of a Déere in the Forest or carying of the same away without a good warrant so to do then such an offender in this case is to be attached by his body and to be imprisoned and there to be detained vntill such time as he bee deliuered out of Prison by the kings especiall commaundement Who may baile an offender in this case or the commaundement of the Lord chife Iustice in Eyre of the Forest or by the chiefe Warden of the Forest for no other person may deliuer him or let him to mainprise 6. Degree Anno. 1. E. 3. cap. 8. THe 6. degrée of such affenders in the Forest as are to be attached by the bodie only without pledges or mainprise is set downe and declared in the Statute of Anno 1. E. 3 cap. 8. and this is either in Vert or Venison in these wordes It is agréed and ordained that from hencefoorth no man shal be taken nor Imprisoned for Vert nor Venison vnlesse he be taken with the manner or else indicted after the forme specified and declared in the same Statute So that it doth apeare plainly by the very words of the same Statute Vert Venison Vide the Statute Anno. 1. E. 3. ca. 8. that if an offender in the Forest either in Vert or Venison be indicted after the same forme and manner mentioned and declared in the said Statute and before such officers as is there appoynted that then if such an offender be attached by the Forester or by the Shirif by his bodie as he by the Lawe ought to be hauing a warrant for that purpose from the Lorde chiefe Iustice in Eyre of the Forest to attache suche an offender or from the cheife Warden of the Forest or his Lyeutenant then his bodie is to be retained stil in prison and then he shal not be mainprised nor let to bayle by
any person vnlesse it be by the speciall commaundement of the king or by the Lorde chiefe Iustice in Eyre of the Forest or by the chiefe Warden of the Forest And in the very like manner it is where an offender in the Forest is outlawed for the same offence and his bodie is attached by the Shirife by Capias vtlagatum And this you doe sée that there be sixe degrées of offenders that are to be attached by the body only without pledges or mainprise And note this for a speciall learning that in euery case where the offender is to be attached by the body onely without Pledges or mainprise Where the offender is to be attached by the bodie only without Pledges or Mainprise there the Verderors nor Foresters may not bayle the offender 1. E. 3. cap. 8. as in the foresaide sixe degrées there such an offender is not to be bailed by the Verderors nor by the Foresters nor by any other minister or officer of the Fofest vnlesse the same be by the Kings speciall commaundement or by the Lorde chiefe Iustice in Eyre of the Forest or by the chiefe Warden of the Forest Sée the wordes of the saide Statute and note them well for they are as followeth vz No man shal be taken nor imprisoned for Vert nor Venison vnlesse he be taken with the maner or else indicted after the forme before specified and then the chiefe Warden of the Forest shall let him to mainprise till the Eyre of the Forest without any thing taking for his deliuerance And if the chief Warden wil not so do he shal haue a writ out of the Chauncery which hath ben in old time ordained for such persons endicted to be at mainprise til the Eyre And if such a chief Warden after that he hath receiued the writ doe not incontently deliuer such persons endicted to mainprise without taking any thing then the plaintife shall haue a writ out of the Chauncery to the Shirif to attache the said Warden to be before the king at a certaine daie to answer wherefore he hath not repleuied him that is so taken and the Shirife the Verderors being called to him shall deliuer him that is so taken by good mainprise in the presence of the Verderors and shall deliuer the names of the mainpernors to the same Verderors to aunswere in the Eyre of the Iustices And if the chiefe Warden be thereof attainted the plaintife shall recouer his treble damages and the saide Warden to be committed to prison and raunsomed at the kings will And from hencefoorth it shal be written to them as to the chief Wardens of the Forest Because they may not be Iustices nor haue any record but here in this case the Shirife doth let him to mainprise by the kings commaundement that is to saie by the kings writ for otherwise the Shirife might not so do And the Verderors in this case are but assistantes to the Shirife for they doe not ioyne in authoritie with the Shirife in letting of him to mainprise for they haue no such commission rō authoritie for the writ is directed to the Shirife only and not to the Shirife and Verderors but it is contained in the same writ that the Shirife shall let him to mainprise in presentia viridariorum because that the Verderors being Iudges of record the names of the mainpernors be deliuered vnto them And this much concerning attachments and the repleuing of persons that are attached How men that are baylable shal be baied and by whome Now it is to be séene how this band by Pledges shal be taken and by whome And therefore first of all it is to be noted that in all cases where any offender is to be attached by his goods and cattals which is the first manner of attachements or els to be attached by his bodie by Pledges and mainprise which is the second manner of attachement The most méetest Officers to take bonde of such offenders in the cases aforesaide in the which they are by the Law to be bayled are the Verderors and that for two causes The first is that for as much as the saide Verderors are Iudges of Record and haue the keeping of the rolles for matters of the Forest vntil the comming of the Lord Iustice in Eyre of the Forest therefore if the Foresters do take any offender with the maner offending in Vert in the Forest they are to attache him by the body and to bring him before the Verderors and then they may take a Recognizance of the offender and his Pledges to answere the same offence in the Eyre of the Iustice of the Forest because they are Iudges of Recorde and therefore they may take a Recognizance in this case and so may not the Foresters do for they are no Iudges of Recorde but accusers of offenders presenters of offences done by others in the Forest before the saide Verderors The second cause is for that that the saide Verderors are men that of necessitie must be learned and well practised in the knowledge of the Lawes of the Forest and such offenders must be bayled and Mainprised according to the qualitie degree of their offence in some cases by two Pledges and in other some cases by foure sixe or eight Pledges And in some other cases the offender is not to be bayled at all by the said Verderors or Foresters as it hath beene already shewed before nor yet by any other person but onely by the Lorde chiefe Iustice in Eyre of the Forest or by the chiefe Warden of the Forest And then if the Foresters or other Officers of the Forest that are ignorant of the Lawes of the Forest should take vpon them to bayle such offenders no doubt but great inconueniences would ensewe thereby aswell vnto the King as also to the offenders themselues And therefore such offenders are most meetest to be bayled by the foresaid Verderors to the ende that the saide Verderors may bayle them according to the verie Lawes of the Forest And for that cause the Lawe hath prouided and appointed a Stewarde that must be learned in those Lawes to ioyne with them and to direct them in their proceeding according to the same Law And when such offenders are Bayled before the said Verderors then the same Verderors are to keepe the same Recongnizance for the Kings vse vntill the comming of the Lord Iustice in Eyre of the Forest and also to cause the Forester to present the same offence in the same nature as it was done and then such presentments to be entred in the Rolles of the Verderors accordingly Whereas if the Foresters when they haue arrested such an offender might Bayle such offenders themselues at their owne wil pleasures without the Verderors there might be great parcialitie vsed therein and many grieuous trespasses concealed from the King and neuer any presentment made thereof before the Verderors at the Court of Attachements or at the Swanimoce Court Obligations taken to the
breach of the kings frée chase and therefore you shall do vs to weet 34 Item if there are any manner of rentes or seruices wax or hony due to the king or any of his officers of this Forest that are now behind or withdrawen by whome how long what it is what dammage it is to the King You shall also do vs to wite 35 Item if there be any man that dwelleth about the borders of the Forest which keepeth any strange Greyhound and wayteth when the Kings Deare are out of the Forest and foresetteth the same Deare so that they may not returne home againe and so by that meanes are slayne or hurt ye shal present who he is and who oweth the Greyhoundes that he may be punished for the same accordingly 36 Item if there be any person within the iurisdiction of this Court that keepeth any hounds or Greyhoundes that may not dispend xl s. by the yeare of freehold ouer and aboue all charges according to the Statute which hunteth in the Purleuy as of his owne authoritie you shall present his name the tyme and what dammage he did to the King in diminishing the game at such hunting 37 Item if any Purrely hunter Puraley hunt oftener than thryse in a wéeke or before the Sunne rysing or after the Sunne setting or with other than his owne menyall seruaunts The defence moneth is xv dayes before Midsummer and xv after Puraley or otherwise on Sundayes or in the fence Moneth which is the time of Fawuing and that is accounted xv dayes before Midsommer and xv dayes after Midsommer 38 Item if any Purluy hunter at any time forestall the kings Deare whether it be with dead Hay or with quicke for they ought to let runne at the tayle of the Deare otherwise it is finable as if he did hunt in the forest 39 Item Puraley if any person haue made any Coppies or closure of Purluy in estrayteng of the kings Deere from the Forest to the hurte of the owners or do pinne the beasts of any commoner out of the shire and not put them in open pounde in the Country whether it be in Pawnage time or not you shall do vs to wéete 40 Item if any man gather any Acornes or Crabbes in the Forest and do make sale of them at marketes or else where to the hurte of the commoners and the kings beastes of the Forest ye shall doe vs to weete 41 Item if any man haue stopped or strayted any Church-way Puraley mylle-way or other waies in the Forest or Purleu to the common nusance of the kinges free people and to the hurt of his Deere you shall doe vs to weete thereof 42 Item if any man haue any Milles within the forest which are not repaired as they ought to be you shall do vs to weete Puraley 43 Item you shall present all the Waifes and Straies which hath bene and happened since the last Courte within the forest 44 Item if any man take any agistment in the forest or purleu to the hurt of the kings Deare and the Commoners there you shall do vs to weete 45 Item if there be any man that doth surcharge the common with any manner of Cattell or otherwise more then the law doth suffer acording to the quantitie of his tenure or graunt you shal do vs to wete and of these and al other that you do know to be any offence either in Vert or Venison or against the Lawes of the forest you shall inquire thereof and present the same And there are also many other things to be inquired of which cannot be done without inquest which must be by the suters to the courte and when they are there presented they shal be sealed with the seales of the ministers aforesaid and sent before the Iustices of the forest to the Sessiones And if the presentments be not certified in this order they are void as is aforesaid And thus endeth the Charge The high Court of the Lord chiefe Iustice in Eyre of the Forestes commonly called the Iustice Seat of the Forest FOr as much as the Court of Attachements called the fourtie day Court or Wood-mote and also the Court of Swanimote haue alreadie béene spoken of briefely and also the procéeding in those two Courts against such as are offenders in the Forest in Vert or Venison And for that it appeareth that by the Lawes of the Forest all the procéedings of those Courts for the greatest offences done in the Forest are as nothing vntill such time as they are presented to the Lord Iustice in Eyre of the Forest at the Iustice Seate because that although the offences and trespasses of offenders be presented in the said Court of Attachements And that afterwardes vpon the same presentments the offenders be indicted at the Court of Swanimote according to the Statute of An. 1. E. 3. cap. 8. and according to the Statute called Ordinatio forestae Yet cannot either of the saide Courts of Attachements or Swanimote giue any iudgement of those offences or assesse any fines for the same for that doth appertaine onely vnto the Lord Iustice in Eyre of the Forest to doe at his will and pleasure at the said Court of Iustices Seate And therefore all those Rolles of all such offences as haue passed the court of Swanimote and the Court of Attachements are to be sealed vp with the Seales of the said Verderors and they are to keepe the same Rolles vntill the Iustice Seate and then they are to present the same vnto the Lorde Iustice in Eyre of the Forest And if the said Verderors do not there appeare to bring in their Rolles the first day of the same Iustice Seate then there shall foorthwith go out a write to the Shirife to sease the lands of the said Verderors into the Kings hands vntil such time as they shal come before the Lord Iustice in Eyre and bring in their Rolles as it shall appeare hereafter by sundrie auncient Presidents of the Assises of the Forest And it is to be noted that before the lorde Iustice in Eyre of the Forest do keepe this high Court of Iustice Seate when he hath receiued the Kings Commission for that purpose then the Lord Iustice in Eyre doeth make out his warrant or precept to the Shirife of the same Shire within the which the Forest is where the Iustice Seate shal be holden The Tenor of which write shal be shewed hereafter thereby commaunding the same Shirife to sommon by sufficient sommons all the Archbishops Bishops Earles Barons and Knights and their free tenants which haue any lands or tenements within the bounds of the Forest of our Soueraigne Lorde the King called the Forest of Windsor and also of euery towne and village within the bounds of the same Forest to sommon foure men and the Reue and also to sommon of euery ancient Borough within the bounds of the same Forest xii good and lawful men and also all other free
the Kinges most honorable priuie Counsell The authoritie of the Lord Iustice in Eyre And then when that any such noble person is made Lorde chiefe Iustice in Eyre of the Forest by the Kinges especiall Commission hee hath by that as great authoritie as any other Iustice in Oyer hath and more For then he may punish all trespasses of the Forestes according to the Lawes of the Forest A man may prescribe to haue waife straye but not felons goods And he may heare and determine all the Clames of the liberties and franchises which be within the Forest as to haue Parkes Warrens and Viuaries And also of them which do Clame to be quite of assartes and Purprestures of them which do Clame Leetes hundreds felons goods waifes and fugitiues and other liberties within the Forest and likewise of them which do Clame to keepe Hares and other beastes of the Chase within the Forest For by lawfull and good Clames men may iustifie the doing of many things within the forest which otherwise were vnlawfull But those Clames must be such Clames as I haue shewed before that haue beene allowed before the Iustice in Eyre within the time of Prescription The diuersitie betweene the Iustice of the Forest and Iustices in Oyer at large and other Iustices is that the Iustice of the Forest shall punish those that be indicted at the Swanimote and presented before them in their Sessions by fine and imprisonment at their discretion and the partie indicted shall not trauerse it because he is presented by more persons than by twelue and that is a condemnation against him But the Iustices in Oyer and other Iustices of the peace if they do determine such Trespasses done in Forestes which by the Lawe they cannot do which is presented before them by waye of indictment then the parties so indicted shall haue their trauerse allowed them which they shall not haue of the Enditement taken in the Swanimote and tryed before the Iustice of the Forest Those which be Iustices of the Forest when they haue their Commission from the King The warrant of the Lorde Iustice in Eyre to warne the Sessions of the Forest for the keeping and holding of the Iustice Seate there they shall make their warrant and Precept to the Shirife of the Shire within the which the same Forest is where the Iustice Seate shal be holden which saide Precept is in these wordes Thomas Louell nobilis ordinis garterij Miles Iusticiarius Itinerans omnium Forestarum Domini Regis in Anglia tam citra Trent quam vltra Vic' Essex salutem ex parte dicti Domini Regis tibi precipio quod summoneas per bonos summonator ' omnes Archiepiscopos Episcopos Abbates De qualibet villa villata quatuor homines propositus duodecem probos legales homines Priores Comites Barones Milites eorū liberi tenentes qui terr' aut tenementa habent infra metas Forestae domini Regis de Waltham in Com' Essex de qualibet villa villata infra easdē metas quatuor homines propositus de quolibet Burgo infra metas eiusdem forestae duodecem probos legales homines omnes alios qui coram Iusticiar ' placita Forestae ten ' venire solent debent quod sint apud Waltham die Lunae prox ' post festum Sancti Petri apostoli prox ' futur ' coram me praefato Iusticiario Itineranto vel meo in hac parte deputato audituri factur ' ea quae ad placit ' Forestae ibidem pertenent Et vlterius tibi precipio quod totam balliuam tuam videlicet tam in Burgis alijs villis quam in Ferijs The generall Sessions of the Forest proclaimed Mercatis alijs locis publicis publice proclamare facias Quod omnes illi quicunque qui per Cartas dicti Domini Regis antecessoris seu progenitor ' aut alio modo aliquas libertates Franchesias aut liberas Consuetud Forestae infra dictum forestam habere clament sint coram me praefat Iusticiar aut meo in hac parte deputato die loco praedictis ostensuri quas libertates habere clament Et omnes attachiati pro virid venatione infra forestam praedictam post vltimam placit forestae tenent ac eorum pleg manucaptor habuerent diem per manucaptionem coram Iusticiar Domini Regis Itinerant proxim illic venient quod adtunc sint ibi coram me praefat Iusticiar ad stand recto ad faciendum ea quae secundum legem forestae facere debent quod tu ipse fis ibidem cum Balliuis tuis ad exequend cerciorand me super his alijs negotijs illis tangentibus habeas ibi summonator hoc breue Teste c. Also when that the Iustices of the Forest haue obtained their Commission at the handes of the King to holde their generall Sessions for the Forest It is to be vnderstood that when they doe make out their Write of generall Summons for to Summon and commaunde all manner of persons to appeare there where the same is to bee appoynted by the saide writ in such maner and forme as is before declared they must by the order and course of the Lawe of very necessitie giue vnto these officers and others that are to appeare there a daie of resonable warning by the space of forty daies at the least to hold their Sessions in in the same manner as the Iustices in Eyer at large doe make Fourtie dayes warning and they shall hold Plées of quo warranto as the other Iustices do and that is the generall Summons that the Statute of Carta de Foresta doth speake of And there is also another kind of generall Summons which the Iustices of the Forest shall cause to be made by directing of their warrant to the chiefe Warden of the Forest which warrant is in the forme as followeth Thomas Louell nobilis Ordinis Garterij miles Iusticiaries itinerans omnium Forestarum domini Regis in Anglia tam citra Trent quam vltra Iohanni de Vere comiti Oxon. The writ to the chife warden custod'Forestae domini Regis vel eius locum tenent ' in eodem salutem ex parte dicti domini Regis vobis mando ac firmiter iniungentes quod venire facias corā me prefat ' Iusticiar ' apud Waltham die Lunae proximum post festum Sancti Petri Apostoli prox futur omnes Forestarios Veridarios Regardatores Woodwardos ac alios ministros eiusdem Forestae qui nunc sunt et qui post vltimam placit ' Forestae predict tent ' fuerunt et eorum quemlibet cum omnibus rotulis scriptis minumentis et attachiamentis Forestae tam de viride quam de venatione quae post vltimam placitam illa emersa et non determinat extiterunt facias Regardatores Forestae qui sunt et qui post vltimam placitam predict tent ' ibidem
fuerunt cum omnibus regardis suis per idem tempus factis et irrotulatis faciasque insuper ad tunc et ibidem omnes agistatores eiusdem Forestae qui nunc sunt et qui post tempus predictum fuerunt et eorum quemlibet cum omnibus attachiamentis suis et rotulis agistamentor Rotula Regardatorum ad stand'inde recte et ad faciend'ea que eis et eorum quamlibet secundum legem Forestae iniungent aut que facere debent Rotulo Agistatorum facias etiam venire omnes illos qui clament habere aliquas libertates aut franchesias infra Forestam predictam quod sint coram me aut loco meo teneÌ„te ad predict ' diem et locum ostensur ' quomodo clamant habere libertates franchesias seu priuilegia et quo waranto et quod vos sitis ad tunc ibidem cum nominibus omniuÌ„ predict ' ministror ' et hoc breue nobis remittente teste c. It appeareth by this writ that the authoritie of the Iustice of the Forest doth differ from the authoritie of other Iustices in Eyer for the Iustices of the Forest may make their deputie or Lieutenant to execute their office and place The Iustice of the Forest may make a deputy by the Statute of 32. H. 8. ca. and so cannot other Iustices in Eyer do but that is by reason of the Statute of 32. of King Henry the 8. for before the making of that Statute it séemeth that the Iustices of the Forest could not make a deputie or Lieutenant to execute their place or office for as much as the same is a iudiciall place of authoritie And if the King which hath a Forest with all the incidentes vnto the same he doth graunt the same vnto any other person the grauntée shall not haue the Iusticeship of the Forest by the same graunt nor he shall not haue a Court of Swanimote in the proper nature of the same for if such a grauntée do kéepe a Court of Swanimote for his Forest he cannot do any thing in the same but take presentmeÌ„tes against offenders as they do commonly vse to do in the Court of Attachementes the reason is because that the grauntée by such a graunt cannot haue Verderors nor Regardors for they are chosen by the Kings writ and there can be no procedings against offenders in Forests in the Court of Swanimote Treherne in his reading of the Lawes of the Forest fo 7 Master Hesket in his reading of the Lawes of the Forest fo 7. without the Verderors and Regardors And again it shal be in vaine to haue a Court of Swanimote and such officers in a Forest as is aforesaide if he may not by the Lawe haue a Iustice of the same Forest that may cause Iustice to be executed of such presentments against such offenders but yet such a grauntée as is aforesaide by the same graunt may haue Foresters Agisters and Woodwardes for the safe kéeping of his Vert and Venison as it doth appeare by Maister Hesket in his learned reading of the Lawes of the Forest A Forest in the handes of the King but a Chase in the handes of another man fo 7. But if such a grauntée chaunce to haue any trespasse done in his Forest by offenders in the same he may very well haue his remedie against them by an Action at the common Lawe and so the comon Lawe hath not lefte such a grauntee vnprouided of his remedie against such offenders and because that such a grauntée doth wante some parte of the authoritie of a Forest by such a graunt as is aforesaide A Forest in the handes of the King may be a Forest in the handes of another by the Kings especiall graunt Note the difference therefore the same Forest is not properly a Forest in deede but rather a chase being in the handes of such a grauntee and yet the same was a Forest in the handes of the King But if the King by his letters patents do graunt a Forest to any of his Subiects and by the same his letters patents he doth giue and graunt vnto the grauntee full power and authoritie to make a Iustice of his Forest and to haue all the officers of a Forest as is aforesaide as Verderors Regardors c. which is Iura regalia in that defalse then such a grauntee may well haue the whole authoritie of a Forest in his owne proper nature and then the same Forest doth continue a Forest still in the handes of such a grauntee by reason of such a graunt onely Note the difference Whereas the wordes of the Statute of Carta de Foresta Articulo Secundo are homines vero qui manent extra Forestam non venâ—ant de cetero coram Iusticiarijs nostris de Foresta per coÌ„munes Summonitiones nisi sint implacitati vel plegij alicuius vel aliquorum qui Attachiati sunt propter Forestam NOwe it is to bee seene what persons are compellable by this Statute to appeare before the Iustices of the Forest by this generall Sumons mentioned in the braunche of the same Statute And it is to be vnderstood that before the making of this Statute of Carta de Foresta the Lawe of the Forest was that all men within the Countie aswell those that did dwell out of the Forest as also all those that did dwell within the Forest were bounde to appeare before the Iustices of the Forest by this generall Sumons when they did hold their Eyer or Sessions of the Forest in that Countie and all Earles Barrons Knightes Fréeholders and others were bound to appeare before the Iustices of the Forest by this generall Sunioâ—s at their generall Sessions before the making of this Statute as it doth appeare in assisa Forestae facta tempore Henrici Secundi Caput 19. in hec verba Comites Barrones Assisa Forestae H. 2 cap. 19. Milites et liberi tenentes et omnes homines de comitatu veniant ad Sumonicionem nostri forestarij sicut se voluerint defendi ne incidant in manuÌ„ Regis ad placitand'placitaÌ„ de Forestis suis vel ad alia negotia faciend'in comÌ„ And also the same is affirmed proued by the words of the Statute vz de cetero which is that from hencefoorth no man that doth dwell within the Forest shal be compelled to come before the Iustices of the Forest by this generall Sumons of the Forest by which worde from hencefoorth it is plainly noted and shewed vnto vs that before the making of this Statute all persons that did dwell without the Forest within the same Countie were then bound to appeare before the Iustices of the Forest by the general Summons which was a very great vexation and trouble to all persons which did dwell without the boundes of the Forest to giue their attendance there during all the time of the Sessions The reason of the making of this Lawe And it doth
séeme that one principall cause of the making of this Law was that for as much as K. Henry the Second graund father to King Edward the First had afforested the Lands and Woodes of diuers persons which were not the Kings owne demeasne Woods as it doth appeare by the first Article of this Statute and all those are there appoynted to be dissaforested againe and so to be put cleane out of the Forest Nowe this Seconde branche or Article is as it were an especiall prouision thiefly for them that then were dwellers in those places which some times were within the Forest and yet by this Statute put out of the Forest that they being out of the boundes of the Forest should not be compelled to come before the Iustices of the Forest at their generall Sessions by this generall Summons as they were wont to do vnlesse that they be Pledges for same other person that is an offender or that they be there impleaded for any plee of the Forest or that they be attached by any Minister of the Forest to appeare before the Iustices for the same offence of the Forest And it is to be vnderstood that this branch of the Statute is deuided into two partes that is to saye concerning those that do dwell without the Forest and those that do dwell within the Forest for in some cases those that do dwell out of the Forest ought to appeare before the Iustices of the Forest by reason of the generall Summons notwithstanding the wordes of the Statute aforesaid And againe in some cases they that do dwell within the Forest shall not be compelled to appeare before the Iustices of the Forest by the generall Summons notwithstanding the words of the Statute aforesaid And in some cases they shall appeare by other Proces than by generall or common Summons And as concerning the first deuision which is of those that do dwell out of the Forest and yet they are compellable to come before the Iustice of the Forest by this generall or comon Sommons notwithstandind the words of the Statut aforesaid It is to be vnderstood that if any person which do dwell out of the Forest haue any libertie or franchises within the forest for the which he is to put in a Claime before the Iustices of the Forest then such a Forrener or dweller out of the Forest must of necessitie appeare before the Iustices of the Forest must of necessitie appeare before the Iustices of the Forest by this generall or comon Sommons there to preferre his Claime for the same liberty or priuiledge at the first daie of the Sessions of the Forest notwithstanding the wordes of the saide Statute or otherwise his Claime shal be seysed into the handes of the King for non Clamer of the same Non clamer is cause of seisure And in like manner it is if one that doth dwell out of the Forest haue a profit aprender out of any land within the forest or any office within the Forest or any other Priuiledge or liberty then he must of necessitie appeare before the Iustices of the Forest at the first daie of the Sessions there put in his Claime for the same and so he is bound to take notice of this comon or generall Sommons and thereby to appeare although that he doth dwell out of the Forest not withstanding the wordes of the Statute aforesaide or else the same office priuiledge or libertie shall be seysed into the handes of the King for non Clamer of the same So it is if a man haue two houses the one of them within the Forest and the other of them is out of the Forest and the owner of them is resiant and dwelling some times at the one and some times at the other so that he is peraduenture resiant and dwelling out of the Forest at the time of the Sommons of the Sessions of the Forest yet notwithstanding such an owner ought to appeare before the Iustices of the Forest by this common Sommons Master Heskēt in his reading fo 7. notwithstanding the words of the Statut aforesaid as it appereth by Master Hesket in his learned reading of the Lawes of the Forest And now as to the Second deuision of the saide Statute concerning those that doe dwell within the Forest and yet they shall not be compelled to appeare before the Iustices of the Forest vpon the comon Sommos aforesaid It is to be vnderstood that all manner of persons dwelling within the Forest and being vnder the age of 12. yeares although that they be inheritors of landes within the Forest yet they are not compelled to appeare before the Lorde chiefe Iustice in Eyer of the Forest at the generall Sessions by reason of this comon Summons aforesaide And in like manner all manner of persons that are dwelling within the Forest being either Lame Sickly or else blinde they are not to be forced to appeare before the Lorde chiefe Iustice in Eyer of the Forest by this comon Sommons aforesaide Vide the Statute of Marlebridge An. 52. H. 3. ca 24. And all manner of persons that are of the age of 70. yeares and vpwardes they are not to be forced to appeare before the Lorde chiefe Iustice in Eyer of the Forest by this generall Sommons although that they do dwel within the Forest notwithstanding the wordes of the Statute aforesaide for they are prouided for by the Statute of West the Second Cap. 38. Vide the Statute of 13. E. 1 ca. 37 If any man that is dwelling within the Forest and the same person is imployed in the seruice of the King in some other place so that he could not by reason thereof appeare before the Lorde chiefe Iustice in Eyer of the Forest he may haue his writ called Warrantia diei for to excuse his apparance before the Iustice of the Forest If any Archebishop or Bishop haue lands within the Forest the said Archebishop or Bishop him selfe in his owne proper persone shal not be forced to appeare before the Lord Iustice in Eyer by reason of the general or comon Sommons Heskēt fo 8 and yet note the wordes of generall Sommons are these Precipio quod Sūmoneas per bonos Sūmonator ' omnes Archiepiscopos Episcopos Abbates Priores Comites Barones Milites et eorum liberi tenentes qui terram aut tenementa habent infra metas Forestae domine Regis c. But all spirituall persons are exempted to be compelled to be put in Iuries by the Statut of Marlebridge ca. 24. But yet their Frée tennants shal apeare by reason of this general Sommons An. 52. H. 3 ca. 24 if they do dwell within the Forest or else they shal be amerrid Also all Earles and Barrons which haue landes within the forest and they do dwell out of the Forest they themselues shal not be compelled to be before the Lord Iustice in Eyer of the Forest by this generall Summons Treherne in his reading page
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
lying within the great Couertes of the Forest where the wilde beastes haue their continuall haunte rest if he do conuert the same to tillage then the same is assartes also and shal be called land asserted But if the same Medow or pasture dolye within the Forest of the King and yet out of the great couertes of the Forest and the owner of the same doth plowe it and conuert the same Meddow or pasture into tillage A Wast of the Forest Now this is not assartes or land assarted but this is lande wasted and shall be called a wast of the Forest But a waste of the Forest is most properly where any man doth cutt downe his owne woodes within the Forest without licence of the King or of the Lord chiefe Iustice in Eyer of the Forest And if afterdwardes the same owner of the ground hauing so wasted the same as is aforesaide do digg and plucke vp the rootes of the same Wood Trees out of the ground and so make the same Couerte a plaine then that is assartes and shal be called land assarted And so you may sée that a man may make both assartes and wast vpon one and the selfe same peece of ground And note that the punishment of such offenders for assarting and wasting of their landes within the Forest is that they that are conuicted of those offences shall paye to the King gréeuous amercement for the same Some men doe holde an opinion that the difference betwéene Purpresture and assartes is that Purpresture is made vpon the Kings ground onely and assartes vpon the lande of another man But that is not so for a man may commyt Purpresture assartes also aswel in the landes and Woodes of the King as in the lands and Woodes of other men Carta de Foresta Artic. 4 And Econtraria Purpresture and assartes may be made aswell in the landes and Woodes of other men as in the landes and Woodes of the King And that is proued by the words of Carta de Foresta Articulo 4. where the king doth graunt that all the Subiects of the Realme shall haue their Woodes within the Forest as they had them before the making of the same Charter And also doth there graunt further vnto them a pardon for all Purprestures wastes and assartes made and done before the making of the saide Charter in their owne Woode For the wordes are there habeant boscos suos that is they shall haue their owne Woodes And afterwardes the wordes of the pardon are quod quieti sint imperpetuum de omnibus purpresturis vastis et assartis factis in illis boscis Then Ergo both Purpresture assartes also may be made in the Woodes and landes of other men aswell as in the lands of the King which is contrary to the opinion of Master Treherne in his reading And also of Maister Archer in his reading of the Lawes of the Forest Assisa Consuetudines Forestae Vide this Statute ante Pa. 23 in Latin and in English Pag. 36. which I do greatly maruell at For it doth also most plainly appeare by the assises and customes of the Forest made in Anno 6. E. 1. Articulo 4. in these wordes Si quis inuentus fuerit in dominico domini regis assertando vel purpresturam faciend'corpus debet reteneri si antem extra dominicum infra rewardum debet poni per 6. pledg c. By which wordes of the Statute it doth appeare First that assartes and purpresture also may be made and done in the demeasne landes and woods of the King and therefore the Statute hath an especiall manner of proceding and punishment appoynted for the same onely differing from assartes and purprestures that are done in the landes and Woodes of other men And Secondly that assartes and purprestures may be made and done in the landes and woods of other men also and therefore the same branch hath there set down a maner of proceding and punishment differing from the proceding punishing of those that haue made assartes and purpresture in the demesne woodes and landes of the King Then Ergo it is not the land of the king that doth make the difference betwéene assartes and purprestures seing that both assartes and purpresture are aswell in the landes of other men as in the landes of the King and so to conclude in both But surely the trewe difference betwéene purpresture and assartes in déede is this that purpresture is a wrongfull incroching of a new thing vpon the King only or vpon the King and a common person that was not before The difference betweene purpresture and assartes And assartes is the conuerting of any couert in the forest into earable land as if a man do destroy his woodes and digg them vp by the rootes and so conuert the same into tillage this is assartes as hath already beene shewed before The wordes of Carta de Foresta Articulo 4 are further Et de vastis purpresturis et assartis nobis respondeant NOw it is to be séene how the King shall be answered of such wastes assertes and purprestures and by whome And therefore first of al it is to be vnderstood that the king must be answered of such offences in this manner that is to saie when a man is indicted or presented in the Swanimote Coure of any such wastes purprestures or assartes and that the same is presentatum per Forestarios et duodecem iuratores et conuictum per viridarios and afterwardes when such indictmentes or presentmentes be certified before the Iustices of the Forest then they shall make out proces against such as be indicted as is aforesaide And when they doe come before the saide Iustices of the Forest by reason of such proces then they shall make their fine for the same offences that they doe stand so indicted of and attainted at the discretion of the Iustices of the Forest without any answer or trauers to such indictmentes because the same is a conuiction against them by the Law in that befalfe and is done by more then twelue men And when that the Iustice of the Forest hath assessid their fines for such offences then the same shal be estraighted into the Exchequer and therevpon the Barons of the Exchequer shall make our proces against them directed to the Shirife of the same Countie where they do dwell Libro Rubro Scaccarij and then the same Shirife shall aunswer the same fine vpon his acompt as it doth appeare in libro rubro Scaccatij and in this manner they shall aunswer vnto the King for such wastes purprestures assartes which are finable But some times it is otherwise of purpresture for that the same may be tollorated to stand still at the discretion of the Lorde Iustice in Eyer Vide ante Pa. 49. the case of my Lord Dier and so to be arrented and to paie yearely a certaine rent to the Quéenes Maiestie for the same And such a
accompt the Sonday to be any day in any Court at Westminster 3 Thirdly No man may hunt in the Purlieus in the fence-moneth or as it is called in the defence moneth which moneth is alwayes fifteene dayes before Midsommer and fifteene dayes after Midsommer which Moneth is the time of fawning for then the Fawnes are verie young and not able to runne or to make any shift Or els the Does are then great bellyed so that they are not able to runne And if a Purlieu hunter should then chase in the Purlieus and his Greyhound should followe the Deare into the Forest no doubt but that the same Greyhound would either destroy the Does being great with young or the Fawnes being then very young And neither of them both able to runne or else the coursing amongst them then would be ad magnum terrorem ferarum and for that cause the same is forbidden for that Moneth by the Lawes of the Forest 4 Fourthly It is not lawfull for any Purlieu hunter to hunt in his owne Purlieu euerie day nor any oftener than three daies in one weeke whereof the Sunday must not be any And the reason is because that the wilde beastes in the Forest may not be disquieted or put from their foode and wonted layer where they do vse to lye at rest with the noyse and feare of their often hunting in the Purlieus For the forest Lawes do prohibite things that are ad terrorem ferarum onely and for that cause a man may not buyld a Mill in the Forest because the same is ad terrorem ferarum 5 Fiftly It is not lawfull for any Purlieu hunter to hunt in the Purlieus with any more company than with his owne seruaunts because that the Lawes of the forest doe not allowe of multitudes of people to assemble themselues togeâ—ther to hunt for that is ad terrorem ferarum quae sunt infra met as Forestae But euery Parlieu man that may by the Lawe iustifye to hunt in his owne Purlieu for him self he may also iustifie for his seruants to hunte with him for to hunte and kill his Deare there is a thing of profit and of pleasure all And it is helde for a learning in our Lawe that he that hath a licence or an interest of profit Vide le case in 13. H. 7. s 13. ante pag. 54 he may iustifie for himselfe and for his Seruantes also But he that hath but an interest or a licence of pleasure onely he cannot iustifie for his Seruantes but for himselfe onely Note the difference But he that may Iustifie for to hunte which his Seruantes he cannot Iustifie to hunte with euerie other person 6 Sixtâ—y no maner of person may hunt within the Pulieus of any Forest within the time of fortie dayes next after that the king hath made any generall hunting in any Forest adioyning to such Purlieus because in this case the wilde beastes of the Forest doe not come into Purlies of their owne fréewill but they are forced with strong hand and with the noyse of blowing of hornes with a multitude of people So that for feare of being slayne they are driuen to flye into the Purlieus for succor and refuge And therefore the Lawes of the Forest doth giue vnto all those wild beasts which are in such sorte forced to flye into the Purlieus for refuge a firme peace frée protection to remain there during the space of xl daies without any hunting chasing or other harme In which time the law is intended they wil returne to the Forest againe therfore they haue that lybertie And in euerie Charter or graunt of the Purlieus that the King doth graunt vnto any shire of such â—andes as were disaforested in that graunt the King doth alwaies reserue vnto himselfe fortie daies of Frée libertie for his wilde beastes of the Forest that are in the Purlieus to returne backe againe to the Forest as you may perceaâ—ue by the perusing of the Charter graunted for the Purlieus of the Forest of Windsor 7 Seuenthly it is not lawful for any Purlieu man to hunt in the Purlieus bordering vpon any Forest that the Kinge doth minde to make any generall hunting in after open proclimation thereof made For then no person shal hunte within seuen miles of the borders of the Forest nor within the Purlieus during the time of fortie daies next before such generall hunting because that all that time the wilde beastes of the Forest must not by any meanes be disquieted of their rest to the intent that the King may take the vewe of them where they doe lie and make their secret abode 8 The eight is that no Purlieuman may hunt in the Purlieus during the time that any kéeper or Forester is seruing of any warrant in any walke within the Forest adioyning vpon the Purlieus nor during the time that any Noble man is hunting there because that such hunters in the Purlieus may not disturbe the game in the Forest at such times as they are hunting there if they haue notice or knowledge of any such hunting or seruing of any such warrant 9 The nynth It is to be vnderstood that as a Purlieu man may hunt chase the wilde beastes of the Forest being in the Purlieu yet may he not forestall or foreset those wilde beasts with doggs bowes or any manner of ingyne to kill them or stop them from their free passage to the Forest again Neither may any man make any salteries or leaping places out of the Forest into the Purlieus where any Deare may easely leape in but cannot returne backe againe but they shal be killed there for want of passage 10 And last of all it is not lawful for any Purlieu man to kil or hunt any vnseasonable Deare in the Purlieus as a Buck in Winter or a Dooe in Summer for such wilde beastes when they are out of Season they are not méete for any man to eate for their flesh is not good nor holsom and then they are so poore that they cannot runne nor make any course to escape from a dogg therefore the Lawe of the Forest doth prohibit the killing or hunting of them in the Purlieus or else where during the time of their vnseasonablenes The punishment for vnlawfull hunters in the Purlieus But now let vs sée by the Lawes of the Forest how such Purlieu hunters as do hunte in the Purlieu contrary to the Laws are to be punished And therefore it is to be vnderstood that all such offences in the Purlieus are to be presented at the next Swanimote and to procéede from the Swanimote to the next Iustice seate of the Forest as other trespasses of the Forest do And then there such hunters in the Purlieus are to be fined at the discretion of the Lorde chiefe Iustice in Eyer of the Forest and imprisoned and bounde to the good behauior of the Forest Which band doth extend to all manner of vnlawfull hunting in the Purlieus For vnlawfull
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
be noted that the Regarders of the Forest ought not to certifie any thing but vpon their view as it shall appeare hereafter in the foâ—rth point which is to certifie 2 The second is ad Inquirendum to enquire So that the Regarders ought to range throughout all the Forest not onely to see and view all the trespasses and defaults of the Forest but they ought also to inquire out the certaintie of euery such trespas and to learne the trueth of all such matters as shal be deliuered them in charge as is aforesaid 3 The third point is Imbreuiare which is to inroll their view and inquisition that they haue made So that after they haue gone throughout all the Forest and haue viewed the trespasses and defaults of the forest and that they haue learned and inquired out the trueth of them in euery thing according to their charge giuen them as is aforesaide Then they must inroll the same that is they must cause all those defaultes that they do so fynde in their range thorough the forest to be faire written in a Parchment Roll in which inrolling they must obserue these four things that is to saye 1 What the offence is 2 When the same was done 3 Where the same was done 4 Who did the offence The fourth point is ad Certificandum which is to certifie that which they haue done So that when they haue gone thorough out all the forest and haue made their viewe and inquirie of all the defaults of the forest and that they haue also inrolled them in their roll yet thâ—ee can be no execution nor punishment done to the offenders or doers of those trespasses vntill such time that the same Regarders haue made certificat thereof vnto the Lord chiefe Iustice in Eyre of the forest at the Iustice Seat And yet before that they do make such Certificate to the Lorde chiefe Iustice in Eyre of the forest of their inquisition they must present the same inquisition at the Swanimote before the other officers of the forest Ordinatio Forestae 34. Ed. 1 to the intent that the offenders thereof may be there indicted of the same offences according to the ordinance of the forest made in 34. E. 1. For otherwise if the same be certified to the lord Iustice in Eyre before that the offenders be thereof indicted at the next Swanimote then the offenders may trauers the same presentment or Certificat because that the same is not Presentatum per Forestarios duodecim Iuratores conuictum per Viridarios c. But now it is necessarie here in this place to speake somthing concerning the manner of the same Certificat And therefore first of all it is to be vnderstood that in this Certificat there are two things most especially to be obserued that is to saye The number of the Regarders that must certifie the same And that they do Certifie the same vpon their view and not otherwise It hath beene shewed alreadie before that by the Lawes and Assises of the Forest Assisa Forestae H. 2. made in the time of King H. 2. that of necessitie there must be twelue Regarders in euery forest And it doth also appeare by the writ aforesaid that if any of those twelue Regarders be dead or sick there must be others chosen in their places to serue So that of necessitie there must be the whole number of twelue Regarders in euery Forest or else they cannot make the Regard of the forest nor make any certificat therof For if the certificat of their inquisition bee made by 11. of the Regarders of the forest then that certificat is not a sufficient certificat to charge any offender to answer therevnto Vide master Hesket in his reading fo 25. for as much as it doth appeare by matter of recorde that the same certificat was not made by all the Regarders of the forest for it must be intended that there be alwaies 12. Regarders and the certificat of their inquisition must be made by all the Regarders that is to saie by 12. Regarders And this much concerning the number of the Regarders that must certifie Nowe concerning the certifying of their inquisition vpon their owne view It is to be vnderstood that if it do not appeare in their certificat before the Lord chiefe Iustice of the Forest that the Regardors did raunge and goe thorow all the Forest Master Heskeâ— fo 25. to sée and vewe the Forest and the offences and trespasses of the Forest which they do certifie Then that certificat or presentment although that they as Regarders of the Forest doe certifie their presentment of an offence of the Forest within their charge Vide the case 34. H. 6. yet that certificat is not good neither shall the offender or dooer of such a trespasse bee impeched vpon that presentment but the Regarders shall be amerced for their insufficient certificat For in this case their certificat is like to the return of the Shirife in an Action of wast where the Shirife doth leaue out of his retorne these wordes Accessi ad locum vastatum vt patet in An. 34. H. 6. And also it is like to the presentment of the Coroner that doth not make mention that the inquisition of the Coroner was taken super visum corporis But if in the Certificat of the Regarders mention be made of their Perambulation through the Forest and vew of the trespasses that they do present or certifie wheras in the verie truth they did not Perambulat nor vew the same yet that presentment and Certificat of any such offences as they shall so certifie is good and sufficient in law For a man cannot by the law trauers the retorne or Certificat of an officer that is sworn But here it doth appeare that the office and dutie of a Regarder is to goe and vewe the offences and trespasses of the Forest and they must also certifie their vewe and it is not sufficient for one or two of them to vewe the same but they must all vewe the Forest and the offences or trespasses that are done in the forest euen so they must all certifie the same as their verdict or presentment For as a Iurie at the common lawe if 11. of them be agréed of their verdict and they doe giue a verdict and one of them will not agrée to it then their verdict is no verdict at all in Lawe So it is if 11. of the Regarders do certifie and the twelfth wil not certifie the Certificat of the other 11. is voide and no certificat at all for as much as it doth appeare by matter of Record that their certificat was not made by all the Regarders as by law it ought to be And thus much concerning the Seconde poynt that the Regarders must make mention in their Certificat that the same was made and done vpon their owne vew that is vpon all their vewes So that nowe you see that by the letter of the Statute in these
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
of the kings wilde beastes in which cases it was then felonie to kil them and the offender should lose his life by the lawe for such an offence or els if he did not lose his life for that offence then he was to make a grieuous raunsom for the same as it doth appeare in the auncient lawes of Saint Edward in his booke fo 69. And afterwards in the time of William the Conqueror Legibus Sancti Edwardi fo 69 in the ende of his decrees that he made and set downe for lawes he willeth that no man shall lose his life for any such offences but onely that such an offender shal be punished by the losse of some of his members which decree is there set downe in these wordes Interdicimus etiam ne quis occidatur vel suspendatur pro aliqua culpa Les decrees del William la Conqueror sed evelluntur oculi et abscindantur pedes vel testiculi vel manus ita quod truncus vnius remaneat in signum nequitii sui secundum quantitatem delicti debet pena maleficientis infligi And this law in some cases doth endure vntill this daie As at the Common Lawe if a man do make an affeaie within the Kings Pallace the offender shall lose in that case his right hand The Statut of An 33. H. 8 41. Assisarum and this was the Common lawe before the making of the Statute of An. 33. H. 8. as it doth appeare in 41. Assisarum where the case was that a man was endited and arraigned for that he did strike a Iuror in the Pallace at Westminster which had passed against him which saide stroke was giuen in the presence of the Iustices Striking in the Kings pallace or in the presence of the Iustices for the which he had his iudgement that he should remaine in prison in the Tower during his life and also that his right hand should be cut off and that the issues and profites of his lands should be forfeited vnto the King during his life but his heire should not be disinherited And the verie like case is adiudged in Anno 19. E. 3. and also in M. 22. of E. 3 Where an Esquire of good accompt which drewe his sworde to strike another person in the presence of the Iustices 19. E. 3. M. 22. E 3. of which offence he was afterwardes conuicted and had his iudgement for the same to haue his right hand cut off and he was also for the same offence committed to Newgate there to remaine as in the case before recited And therefore now this graunt and Charter of the Liberties hath prouided a remedie for this extremitie in these wordes Nullus amittat vitam vel membrum which is a verie great libertie vnto all the Kings Subiects And it is also a restraint and an abridgement of the Kings will and pleasure vpon which the punishment of such offenders did then onely depende which at that time was vncertaine where as nowe the same is a most certaine punishment appointed for those that do hunt the Kings wilde beastes for the words are Provenatione c. So that the same Charter is now a generall pardon to all men of life and member for all offences of hunting the Kings wilde beastes of Venery Pro venatione And because the letter is pro Venatione it is necessarie to consider what beastes are called beastes of Venerie or the Kings Venison and therfore it appeareth as it hath been shewed before that there are fiue wilde beastes that are accompted beasts of the Forest that is to saie the Hart the Hynde the Hare the Boare and the Wolfe And there are also fiue beastes remaining in the Forest that are accompted beastes of Chase that is to saie the v. beastes of the Forest The v. beastes of the Chase the Bucke the Doo the Fox the Martron and the Roo And there are also diuers other wilde beastes in the Forest that although they are not beastes of the Forest nor beasts of Chase yet they are accompted beastes of Venery and this Charter of Pardon of life and member doth extend to the hunting killing of any beastes of Venery according to the letter of the saide Charter which is pro Venatione which entendeth also to all manner of Hawking and destroying of Fowles of Warren and Fishing in anie viuarie within any Forest where such kinde of things are that are fere naturae The letter is further Sed si quis captus conuictus c. Which is as much in effect as if the wordes had beene That if the offender be taken and attainted of the Trespas or offence by the course of the Lawes of the Forest But if the defendant vpon an Inditement do confesse the offence or will saie nothing at all to it or will make default after his appearance if the same do passe the Swanimote in due forme of Lawe according to the Statute called Ordinatio Forestae Ordinatio Forestae An. 34. E. 1. An. 1. E. 3. ca. 8 and according to the Statute of Anno primo of Edwarde the thirde Cap. 8. then such an offender shal be saide to be conuicted And when any offender is thus conuicted he shall make his fine for the same offence For the letter is further Grauiter redimatur and that is as much to saie The offender so conuicted must be grieuously redeemed or make a grieuous Fine or raunsome for his offence The diuersitie betweene a Fyne and a Raunsome And it is said that there is a great diuersitie betweene a fine and a raunsome For a fine is arbitrable by the Iustices of the King and is to be assessed by them without the King But a raunsome is not to be assessed by the Iustices of the King onely but that the King shall first therein shewe his pleasure and will And therefore it doth seeme that in this case the recompence for such an offence is to be called a fine and not a raunsome because the Iustices of the Forest do assesse the same without making of the King priuie to it first as common experience doth dayly proue and auncient presidents of the Lawes of the Forest confirme the same And thus hauing passed ouer 10. articles of the Charter of the Forest I will here ende leaue the rest to others of better learning iudgement to handle And because it is verie necessarie to see and know the manner of the making of a Forest and of the dissaforesting of a Forest againe I will now here set downe the Charter of the Puraley to the end that it may thereby appeare in what manner a Forest is made And as a Forest is made in like manner the same is made a Puraley dissaforested againe as it shall appeare by this President hereafter following Charta de Foresta caput 1. Ad ordeigne que touts Forests que Henricus auus noster aforestauit videantur per bonos legales homines si
Court of attachements there to be mainprised vntill the comming of the Lorde Iustice in Eyre of the Forest Consuetudines et Assisa Forestae Articulo 1. And this manner of attachement is warranted by Consuetudines assisa Forestae Articulo 1. in these wordes Si quis Forestarius inuenerit aliquem attachiabilem pro viridi in Foresta nostra primo debet ipsum attachiare per duos plegios c. And if the same offender be taken with the manner offending in the Forest the srcond time then the Forester shall attache him by the body and cause him to finde foure pledges to appeare at the next Court of Attachements and then there to be mainprised vntill the generall Sessions of the Lord Iustice in Eyer of the Forest to answere the saide offence For in the saide Statute of Assisa Consuetudines Forestae the wordes are these Si idem inueniatur alias debet ipsum attachiare per quatuor Plegios And if afterwardes the same offender be found offending againe in the Forest the thirde time then the Forester shall attach him by the body and cause him to be brought before the Verderors Assisa et Consuetudines Articulo 1. there to be mainprised by eight Pledges according to the same statute of Assisa Consuetudines Forestae articulo 1. And it is to be noted that in all cases where the offender is to be attached by the body and Pledges there of necessitie the offender must be taken with the manner Assisa et consuetudines Foresta altered by the Statute of ◠E. 3. cap. 8. for otherwise the Forester nor any other officer in the Forest may not attach any such offender by the bodie and Pledges except he do take the same offender with the manner For this Statute of Assisa Consuetudines Forestae aforesaide was made in Anno. 6. Edwardi primi And now long since the making of that Estatute of Anno. 6. Edwardi primi this Lawe and Statute is altered in some parte by a Statute that was made in Anno. 1. Ed. 3. Cap. 8. For the same Statute of Anno. 1. 1. E. 3. cap. 8. Edwardi tertij cap. 8. doth directly set downe there the verie manner and fourme how euery offender in the Forest either in Vert or Venison shal be Endicted for the same offence also before whome the same shal be done there addeth to the same Statute further that if any man be indicted for any offence done in the Forest either in Vert or Venison in any other manner then in the same order and maner that the same Statute there doth set downe and declare that then the same Indictment and proceding shal be void and of none effect 1. E. cap. 8. 7. R. 2. cap. 4 no man shal be taken nor Imprisoned for Vert nor Venison vnlesse he be taken with the manner And it is by the same Statute likewise enacted also that from thence foorth no man shal be taken nor imprisoned for Vert nor Venison vnles he be taken with the maner or else indected after the forme before specified in the same statute so that now by this Satute of 1. E. 3 cap. 8. also by the Statute of 7. R. 2. cap. 4. if the forester or other minister of the forest do not find the offēder doing of the trespasse or do take such an offender in the forest with the maner then the same Forester or other minister of the forest is forbidden by these two latter Statuts to take the body of any offēdor or to imprison him to finde Sewerties in this case because the same person was not taken with the manner But yet if any person haue done an offence in the Forest the same offence is not presently knowen so that the offender is not taken with the manner doing of the same offence and therefore by the law the Forester cannot attache his bodie for the same yet in that case the forester may nowe attache him by his goodes as is aforesaide and so cause him to finde pledges to aunswer the saide offence or else to forefect his goodes or cattells that shal be attached for the same from time to time vntill he doth appeare and finde pledges as is aforesaide but surely no offender in the Forest either in Vert or Venison may be attached by his body or imprisoned for Vert or Venison vnles he be taken with the manner or else indicted in the forme before specified in the said Statute A. 6. E. 1. for these two later Statutes were made directly in the negatiue of the Lawe that was before so the said Law or Statute of Assisa et Consuetudines Forestae Assisa et consuetudines is altered by this Statute of 1. E. 3. cap. 8. 7. R. 2 cap. 4. made in Anno 6. E. 1. is altered in this poynt that is to saie that in all cases where the Forester is to attache an offender by the body there the same must be vnderstood that such an offender must then be taken with the manner or else he may not be attached by the body nor yet imprisoned to find suerties or pledges causa qua supra Note the statute well for the wordes are these No man shall be taken nor imprisoned for Vert nor Venison c. and by this worde taken is to be vnderstood that he shal not be arested by his bodie for Vert nor Venison vnlesse he be taken with the manner But now howe this worde with the manner shal be vnderstood I leaue you to the sence and construction of the Statute it selfe And sée the Statute here before and the notes in the margent concerning the same And this much concerning the second maner of attachemente that is to be made by the bodie by pledges and by mainprise THe third manner of attachement for offences of the Forest is to attache an offender by the bodie only without any pledges or mainprise The third manner of Attachements by the body only and this manner of Attachement is warranted by the Statute of Assisa et Consuetudines Forestae afterwardes the same manner of attachment is in some parte confirmed and allowed of by the foresaide Statute of Anno 1. E. 3. cap. 8. And this manner of attachementes by the assises of the Forest called Assisa et Consuetudines Forestae made in Anno 6. E. 1. and by the Statute of 1. E. 3. ca. 8. which you may sée here before amongest the Statutes is there expressed and declared to be for offenders in the Forest that are in six degrées as it shall plainly appeare 1. degree assisa Foresta Articulo 1. THe first degrée of those offenders in the forest that are to be attached by the body only without any suerties or mainprise is specified declared in Assisa et Cōsuetudines Forestae Artic. 1. in these wordes Postea post tertium Attachiamentū corpus debet Attachiarae et retinere vt memoriam habeatur quid