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
writ out of the Chancery which hath ben in old time ordained for such persons indicted to be at mainprise vntill the Eyre And if such Warden after he hath receiued the writ do not incontinently deliuer such persons indicted without taking any thing Then the plaintife shall haue a writ out of the Chauncerie to the Shirife to attach the saide Warden to bee before the King at a certaine day to answere wherefore he hath not repleuied him that is so taken and the Shirife the Verderors being called to him The Recitall of the Statute of 1. E. 3. ca. 8. 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 answer in the Eyre of the Iustices and if the chiefe Warden be thereof attainted the plaintife shall recouer his treble damages the said Warden to be committed to Prison and ransomed at the Kinges will And from hence foorth it shal be written to them as to the chief Wardens of the Forest because they may not be Iustices nor to haue any recorde And so note by that Statute that the writ aforesaide is directed to them as if it were to the Shirife to execute the same writ and such a writ is not directed to a iudiciall officer Also the same Statute doth saie that the names of the mainpernors shal be deliuered to the Verderors as if he should saie because they be as Iustices And that from hence foorth it shall be written to the saide Wardens as to the chiefe Wardens of the Forest because sayeth the Statute they meaning the same Wardens may not be Iustices nor haue any record Then Ergo the chiefe Warden of the Forest nor his Lieutenant are no iudiciall officers and then I sée not by what authoritie they should sit at the Swanimote And note that there are two Lieutenants most commonly in euery Forest vz 2. Lieutenants in the Forest the Lieutenant of the Lord Iustice in Eyre of the Forest and the Lieutenant of the chief Warden of the Forest Ordinatio Forestae And it appeareth very plainly by the Statute of Ordinatio Forestae caput 1. that the Foresters Verderors Regardors and all other ministers of the Forest These officers are bound to artend at the Swanimote are bounde to attend at euery Swanimote or else the indictmentes and presentmentes there taken are vtterly voide It is here to be noted what is ment by these words in the said Statute of Ordinatio Forestae cap. 1. ac alijs earundem forestar ' ministris for other ministers of the forest are Stewardes of the Swanimote who ought to be men very well learned and especially in the Lawes of the Forest Assisa consuetudines Forestae ca 20. And to proue that there ought to be a Steward at euery Swanimote it appeareth by the assises and customes of the forest wher it is said quod homo attachiatus pro ramis cesis placitū illud pertinet ad Swanimotum coram Senescallo c. There are also other officers of the Forest mentioned in the great Charter of the Forest Cap. 16. and Cap. 17. that is to saie Constabularij Castellani et Balliui et Bedelli c. if it do chaunce any of the said officers or ministers to be sicke so that he or they cānot be at the Swanimote then the Iustice of the forest or his deputie shal incontinētly place others in their places for them et hoc est secundum ordinationem Forestae Anno 34. An. 7. R 2. c. 3 E. 1. caput 2. And it is ordained in the assises of the Forest Anno 7. R. 2. caput 3. that the inquest shal not be compelled to trauel to any other place to giue their verdict but where they receiued their charge and note that the court of Swanimote hath power to inquire of all those matters that doe hereafter appeare in the charge of the Swanimote The power of the Swanimot and to take presentmentes of all such matters but no iudgement shal be giuen there nor execution awarded for that is reserued to the Iustices of the Forest only At this Court of the Swanimote all the presentmentes of the Foresters for any offence in the forest either in Vert or Venison are there deliuered to the Iurie which are sworne for that purpose to inquire the trueth of those matters and if the Iurie do find that those presentmentes that the Foresters haue presented be trewe then the offender against whome they were presented doth stand conuicted thereof in Law and then the entrée thereof is presentatum est per Forestarios et duodecem Iuratores et conuictum per viridarios Ordinatio Forestae ca. 1. All the freeholders that dwell within the Forest do owe sute to this court Asserts Purprestures are to be enquired of Consuetudines ca. 4. Purprestures that be arented Vide ante the case of my Lord Dyer fo And this much concerning the Courte of Swanimote and hereafter doth followe the charge of the same The charge of the Courte of Swanimote for the Forest INprimis you shall inquire if all those that owe sute to this Courte of Swanimote be there or no and those which be not shall you present their names 2 Item if there be any assertes or purprestures within the Forest newly made more then hath ben made by the kings graunt or any of his Progenitors in what place the same is and by what authoritie by whome and what harme it is to the King except it be arrented 3 Item if there be any that maketh any great closes or small closes which are annexed to the borders of the Forest This is Purpresture and inlargeth his owne ground with setting out of his hedges and ditches and so straytneth the Forest 4 Item if any man haue raised digged vp or carried away This is a Trespas Purpresture For Omnes metae Forestae sunt integro domino Regi any land Stone or stake that was set or laid for any marke or bound of the Forest ye shal doe vs to wete of their names the daie and place when the same was done 5 Item if any man maketh any Mines Clay-pittes or turueth for Iron without licence in any place within the Forest 6 Item if any man leuieth any Mille within the Forest without the Kinges licence you shall inquire what hurt the same is to the Forest and who it is that doth so and present the same 7 Item if any haue made any Swine-house or Shéepe-house or any other house or Cote within the landes of the Forest without licence you shall present it 8 Item if there be moe Foresters or Walkers within the Forest then haue bene of old time accustomed in oppressing of the Kings people or ouer charging of the Forest who hath made them and by what authoritie he hath done it 9 Item if there be any minister of the
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
wordes Regardatores nostri eant per Forestam It is ordained and appoynted that the Regarders shall goe through out all the Forest and then afterwardes in these wordes Ad faciendum Regardum It is shewed and declared to what end or for what cause they ought to goe through the Forest which is to make the regarde of the Forest And afterwardes the letter is further Sicut fieri consueuit tempore primae Coronationis Regis H. aui nostri non aliter In which wordes it is playnly set downe and declared vnto vs how and in what manner the Regarders shall make their regarde of the Forest which is according to the assises and customes of the Forest vsed in the time of King Henry the Second so that this braunch of the saide Statute doth not hereby ordayne or appoynt any new thing that was not before But this braunch is made for an affirmation of the lawe and vsage of the Forest that was vsed in the time of King H. 2. Now therefore it is necessarie here in this place to shew how and in what manner the lawe and vsage of the Forest was at that time vsed in making of the regarde of the Forest For the declaration whereof it is to be vnderstood that the inquitie and presentment of all the Articles aforesaid which are to be inquired of by the Regarders of the Forest the same shall be enquired of as they were wont to be enquired of at the time of the Coronation of King H 2. and that is euery third yeare as it doth appeare in the Assises of King H. 2. and then the same regarde is to be made but onely within the bounds of the Forest Assisa Forestae H. 2. C. 10. 17. for the saide Regarders ought not to enquire nor to present any thing that is made or done out of the boundes of the Forest nor yet out of the precinct of the regarde within the forest as it doth appeare in the same Assises of H. 2. Cap. 10. and 17. For it is there written that those that haue Woodes out of the regarde of the Forest where the wilde beastes of the King haue their haunt peace or rest Or any other man that hath landes or Woodes within the Forest and hath also this Priuiledge that those landes and woodes shal be out of the regarde of the Forest and that the same shall not be impeched for any cause yet in that case he or they that haue such a Priuiledge ought to haue a woodwarde there to keepe his woodes which woodwarde must also be sworne to the assises of the Forest that is Assisa Forestae H. 2 Vide Master Hesket fo 26. for the preseruation of Vert and Venison as it doth appeare by the same assises of H. 2. And if the Regarders doe enquire or make any presentment of any thing that is done in any such place Priuileged as is aforesaide then that presentment may be auoyded by the plee of the partie by pleading of that matter For the partie shall neuer bee punished vpon such a presentment if the verie trueth of the matter doe appeare of recorde vnto the high Court of the Lord Iustice in Eyre of the Forest And the same lawe is also if the Regarders of the Forest will make presentment of any Article that is not specified in dictis capitulis de regardo fiendo which is alwaies sent to the Shirife together with the writ when the regarde is to be made as aforesaide as if they do present that Iohn Astyle hath agisted his woodes or his demeasne landes before that the demeasne hedgrowes of the King within the Forest be agysted or that he hath taken any pannage contrarie to the assises of the Forest then that presentment is voyd without any plee if that it doe appeare vnto the Court by matter of record comprised within the same presentment that the thing of the which they haue made their presentmēt is not any matter whereof they had charge giuen them to enquire of or to present And if the regard of the Forest be made by the Regarders that are elected by writ and yet they haue not any writ to make their regarde when they do make the same but they doe make their regard of the Forest of themselues voluntarily Presentment per le Regard sans authoritie est void within the tyme of thrée yeares that is to saie euerie yeare that regard and also the presentmentes made by the same regarde against any person are also voide and the partie against whom any such presentment is made may discharge himselfe of that presentment by plee But such a presentment and inquirie made by the Regarders which were once elected and chosen although that they doe make their regarde euerie fourth yeare or euerie fifth yeare it is good sufficient in lawe and the same shall binde the partie to the punishment notwithstanding that euerie such presentment and regarde by them made was not by a commaundement directed to the Shirife as aforesaide For when the Regarders are once elected by writt and Sworne then they may hold their regard according to the assises of the Forest that is to saie euerie third yeare ex officio without any new writ precept or comaundement But if any of them be dead so that there are not the whole number of 12. Regarders lyuing then they ought to haue a writ as is aforesaid to chuse newe Regarders in their places to make vpp the full number of 12. Regarders againe before that they can make their regarde of the Forest And so in like manner it is if the King by his letters patens doe make one or more Regardors to fill vp the number of 12. Regarders againe they cannot ex officio make the regarde of the Forest without such a writ vt supra Les Regarders ne point faire lour regard del Forest si non que ils soint Iure directed to the Sherife for the Sherife by the authoritie of that write must sweare the Regarders as is aforesaide and they cannot by the lawe make the regarde of the Forest before that they be sworne for if they doe then their proceding therein is voyde quod nota The letter is further in the 6. branch of the said Statute as foloweth vz Inquisitio vel visus expeditatione canum existentium in Foresta nostra de cetero fiat quando fieri debet regardum scilicet de tercio anno in tertium annum Carta de Foresta cap. 6. By which words of the said Statute there are two things especially to be noted First that the regard of the Forest ought to be made euery thirde yeare Secondly the time when all the Dogges in the Forest ought to be viewed whether that they be expeditated or not and then all the Dogges that are found to be vnexpeditated they must be expedicated according to this law And this is also to be done euery thirde yeare when the Regarders do make their regard
A BREFE COLLECTION of the Lawes of the Forest Collected and gathered together aswell out of the Statutes Common Lawes of this Realme as also out of sundrie auncient Presidents and Records concerning matters of the Forest With an Abridgement of all the principall Cases Iudgements Entres contained in the Assises of the Forestes of Pickering and of Lancaster By Iohn Manwood of Lyncolnes Inne Studient in the Lawes of this Realme The Preface to the matter THE auncient Lawes of this Realme hauing always had a speciall regard vnto the continuall studie care that Kings and Princes haue in great and waightie affaires of matters of Common weale for the good of their Subiectes whereby they are often times wearyed with the toyle of the same and in respect thereof the same lawes haue giuen vnto them diuers royall prerogatiues of most noble and princely pleasures to recreate themselues withal to put away from them the remembrance of their laboursome toyle Amongst which prerogatiues the royall prerogatiue of the libertie of a Forest is not the least For a Forest both is and hath beene alwayes accompted a franchese of such noble and Princely pleasure that it is not incident vnto any subiect of this Ralme to haue the same but onely vnto the Crowne and royall dignitie of a Prince And therefore there haue beene alwayes certain particular lawes differing from the Common Lawes of this Realme that were onely proper vnto a Forest belonging to the same for the continuance of it And it doth seeme that Forestes haue beene of long time and that they are very auncient things although peraduenture not in that nature that they are now vsed heere in this Realme of England For it doth appeare that there were Forestes yea euen in the verie tyme of king Dauid King Dauid in his 50. Psalm ver 10. For he saith in his 50. Psalme these wordes O Lord I neede not to offer vnto thee burnt Sacrifices of beastes for all the wilde beastes of the Forest are thine and so are the Cattell vpon a thowsand Hilles Then Ergo there were Forestes of wilde beastes in his time And it doth also appeare by sundry auncient Histories as in Concordantia Historiarum others Concordantia Historiar that Forestes haue beene alwayes in this Realme from the first tyme that the same was inhabited Gurguntius And also you may read there that Gurguntius the sonne of Belyn being a king of this lande did make certaine Forestes for his delight and pleasure in Wilshire and so haue diuers other kings also since his tyme in other places meete for that purpose VVhich Forestes the Kings and Princes of this Realme haue alwayes mayntained and preserued with diuers Priuileges and Lawes appertaining to the same for places of pleasure and delight for their recreation And if it did happen that any offenders did enter into those priuileged plaâ— that they did any trespas therein then they were punished with verie â—â—rp Lawes punishments according to the lawes that then were in force which were sharply executed which lawes were then altogether vncertaine and the offenders were punished at the Kings will pleasure not by any law certaine and those lawes punishments were duely executed continued by the Kings of this Realme Canutus a Dane was king here in England in Anno Domini 1016. vntil that Canutus a Dane came to be king of this land which was about the yeare of our Lord 1016. who taking as great delight felicitie in Forestes as other most noble Princes of this Realme had done before his time He for the better preseruation maintening of those priuileged places of pleasure did establish certaine Lawes and Canons onely concerning Forests which Lawes I haue here placed first of all in this hooke for although that they haue beene raked vp a long time in the Embers of obliuion yet they are worthie to be remembred againe And because that they are the most auncientest lawes that I can find concerning Forestes therfore I haue placed them first of all before any others to th end that those that shall read this booke may both see know what lawes there were in the beginning concerning Forestes and how they haue altered changed from time to time and to that end I haue here set downe all the Statuts concerning Forestes that haue beene made since the time of the making of the said lawes because that it may thereby appeare the more plainly how any one of them hath abrogated another or any part thereof by reason whereof that which is lawe and in force at this day may the more easier be decerned and knowen It appeareth by the Lawes of Canutus the Dane king in his Canon the 30. that before his time all wild beastes birdes were onely the kings and that no other person might kill or hurt them Canutus Canon 30. For the king by his royall Prerogatiue his right and priuilege was such in England that all such things that none of his subiects could challenge any propertie in they were then said to be the Kings as wilde beastes byrds such like in whose lands or woods soeuer they were found Wherefore the same king made this law Volo vt omnis liber homo pro libito suo habeat venerem siue viridem in planis suis super terras suas sine Chacea tamen et deuitent omnes meam vbicunque eam habere voluero which is that from hencefoorth I will saith the king that euery free man may take his own Vert Venerie or hunting that he can gett vpon his owne ground or in his owne feelds being out of my Chase And let all men refraine from my Venery in euery place where I will haue the same The booke of the Lawes of Saint Edward the Confessor And also it appeareth in the booke of S. Edward the confessor which booke is the verie roote and originall ground of all the auncient Lawes of England that the same king Edward the confessor did confirme the same Law in these vordes Volo vt omnis homo sit venatione sua dignus in nemora campo dominico suo abstineat omnis homo a venarijs meis vbicunque pacem eos habere volo super penam vitae And so it appeareth that both the said kings did graunt and make this Law that after that time it should be lawfull for euery subiect to enioye the benefite of his owne hunting that he could any way take in his owne lande or in his owne woods or feeldes so that euery man should refraine from hunting the kings wilde beastes in his owne Forests and priuileged places for them vpon paine of the losse of life of such an offender William the Conqueror Which Lawes William the Conqueror did afterwards in his time confirme as it doth appeare in the said booke of the said Lawes chap. 47. And also he did continue the samae all his life
time William Rufus And after his death William Rufus his sonne in like sort continued those Lawes during his life vntill he was slaine in new Forest as he was in hunting And after the death of the saide William Rufus without issue of his body king Henry the first his brother succeeded him as next heire vnto the Crowne of this Realme Henry the first by his Charter did confirme all the said Lawes of the Forest of Saint Edward the Confessor as it doth appeare in the redd booke in the Excheker called Liber Rubus cap. 1. Liber Rubrus cap. 1. Legum suarum and also in the second Charter of the said book of the Lawes of the Forest in these wordes Forestas vero Communi assensu omnium Baronum meorum in manu mea sic retinuo sicut pater meus eas retinuit And then afterwards in the 18 Chapter of the said Booke the plees of the Forest are there specified and rehearsed in these wordes Placita quoque Forestarum satis sunt in commoditat ' valliat ' sicut de assertis de Cessione de venatione de cumbustione c. VVhich Lawes of the Forest afterwardes did more and more increase and so did continue during all the life of the said king Henrie the first And after his decease King Steuen king Steuen by his Charter did confirme all the said Priuileges Lawes Customes made and graunted by Saint Edward the Confessor and also by king Henry the first his vncle as it appeareth in the booke of the said Lawes All which said Lawes and Customes the said king Stenen did continue all his life And after his decase king Henry the second succeeding him as next king of this Realme King Henry the second by his generall Charter did confirme the said Lawes of the Forest in most things principally concerning the beginning of Carta de Foresta For in the first booke of his Lawes made in the 19. yeare of his raigne Chap. 16. he rehearseth and declareth the Lawe of the Forest and the very nature of that and doth farther shewe there how that the Lawes of the Forest do varie and differ from the Common Lawe of this Realme as it doth appeare in the said redd Booke in the Excheker in these wordes Sane Forestarum lex ratio pena quoque vel absolutio delinquentium siue pecuniaria fuerit siue corporalis scorsum ab aliis regni ludicijs secernuntur folius regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati subijcitur legibus quidem proprijs subsistit quas non lure communi sed voluntaria principum Institutione subnixasse debent adeo vt per legem eius factum fuerit non Iustum absolute sed Iustum secundum legem Forestae dicatur quia in Forestis penetralia regum sunt corum maximae deliciae ad has quidem venandi causa Curis quandoque accedunt vt modica quiete recreentur And afterwards in the twelfth Chapter of the same booke there doth followe another sentence concerning the lawes of the Forest in these wordes In singulis Comitatibus Foresta regis non est sed in nemorosis vbi ferarum latibula sunt vberior pastura nec interest cuius sunt nemora siue enim regis siue regni procerū liberos tamen indemnes habeat ferae Circumque discursus So that by those texts before rehearsed it doth appeare how the Lawes of the Forest were taken and vsed in times past and by those wordes Nec interest cuius sunt nemora c. It is plainly shewed that the king then might yet may also make a Forest in euery place where he pleaseth aswell in the landes and inheritance of any of his subiectes as in his own demeasne lands and inheritance which was a great losse and hinderance to those that were owners of those lands that were so afforested For after the same was so afforested their pastures and profits of their lands was deuowred by the wilde beastes of the king without any recompence for the same to be made vnto them And this lawe of afforesting of the landes and inheritance of other men did then daily so increase that the same was thought a very extreme heauie burthen aswel vnto noble men and gentlemen as also vnto the poore comminaltie of this Realme to beare for that they might not inclose their land nor improue the same to their best profite that was so afforested by the king But they were forced to suffer their said lands aforested to lye open and not inclosed And if any of them did chaunce to offend against the Assises or Lawes of the Forest the punishment was sometimes verie great for a small offence and the forfeitures for the same according to the will and pleasure of the king and not according to the quantitie of the trespas nor yet according to the course of the Common lawe of this Realme And this law did continue during the life of king Henry the second And after his decease the same continued likewise during the raigne of king Richard the first And then after his desease likewise during the raigne of king Iohn Richard the first King Iohn And euery one of the saide kings did daily increase and make more newe Forestes and more in the lands of their subiectes to the great hinderance and impouerishing of their subiectes And this mischiefe was not at all remedied vntill the making of the Charter of the liberties of the Forest Henry the third which was made by king Henry the thirde And afterwardes the same Charter was confirmed and enlarged by king Edward the first his sonne which Charter was made for the pacifying of the Comminaltie of this Realme that then were much agreeued at this mischiefe Edward the first And therefore the same Charter called Carta de Foresta euen in the verie first Article of the same did prouide a remedie in that behalfe in these wordes Omnes Forestae quas Henricus auus noster aforestauit videantur per bonos legales homines et si boscum aliquem alium quam suum dominicum afforestauerit ad damnum illius cuius boscus ille fuerit statim deaforestentur c. By which branch of the said Charter you do see that all Forestes that king Henry the third had made of the lands of any of his subiects which were not the kings owne demeane landes are here appointed to be disaforested againe And againe in the third Article of the said Charter of the Forest there is the verie like remedie and prouision that all such Forestes which king Richard the first and also king Iohn had aforested and made of the landes or woodes of any of his subiectes being not the demeasne landes of the Crowne that then all those landes and woods should be disaforested againe For these three kings that is to saye king Richard the first king Iohn and Henry the thirde had then newly aforested so much of the landes of
their subiectes that the greatest part of this Realme was then become Forest And because the mischiefes inconueniences and burthens that were then layde vpon the Comminaltie of this Realme were verie great and heauie by the meanes of the Lawes of the Forest therefore the said Charter of the Liberties of the Forest hath now moderated the extremenesse of those Lawes in a more mylder order as you may perceiue by the same For he that doth attentiuely read and examine the whole Charter of the Forest and euery Article therein may thereby partly perceiue how harde and sharpe the lawes of the Forest were in tymes past before the graunting of the same Charter And also what inconueniences the inhabitants in Forestes did then indure suffer by reason of the Forest lawes all which are now prouided for and in a measurable maner remedied as you may perceiue by the examination of euery Article of the said Charter And whereas the same Charter did allow or suffer any thing that hath since that time beene thought to be ouer harde or sharpe the same hath since againe beene moderated as you may here perceiue by those Statutes that haue beene made since that time So gracious and mercifull haue the Noble Princes of this Realme beene towardes their louing Subiectes So that now at this day although that the lawes of the Forest are of themselues verie mylde gentle mercifull lawes towards the Subiects of this Realme ouer that they haue beene in times past Yet notwithstanding we do at this present liue vnder the gouernement of so gratious and mercifull a Queene that her clemencie in the execution of those lawes is much more greater than the fauour clemencie of the Lawes themselues VVhose long life prosperous raigne and most happie dayes GOD of his mercifull goodnes grant long to continue to the great comfort of all good Christian Subiectes Amen Carta de Foresta of king Canutus a Dane and a King of this Realme graunted at a Parliament holden at Winchester in the yeare of our Lord 1016. as followeth Incipiunt constitutiones Canuti Regis de Foresta HAE sunt sanctiones de Forresta quas ego Canutus Rex cum consilio primariorum hominum meorum Condo facio vt cunctis regni nostri Angliae Ecclesijs pax Iustitia fiat vt omnis delinquens secundum modum delicti delinquentis fortunam patiatur 1 Sint iam deinceps quatuor ex liberalioribus hominibus qui habent saluas suas debitas consuetudines Quos Angli Paegened appellant in qualibet regni mei prouincia constituti Pegened These foure chiefe men are those that now are called the Verderâ—rs For they are foure cheefe men of the Forest as they weâ—e then and they do execute the same place and they haue the same aucthoritie in most things that these cheefe men had then ad Iustitiam distribuendam vna cum pena merita materijs Forrestae cuncto populo meo tam Anglis quam Danis per totum regnum meum Angliae quos quatuor primarios Forrestae appellandos Censemus 2 Sint sub quolibet horum Lespegend These seeme to be these men that now are called the Regarders for they haue the same office authoritie that they had Ealdermen quatuor ex mediocribus hominibus quos Angli Lespegend nuncupant Dani vero yong men vocant locati qui curam et onus tum viridis tum veneris suscipiant 3 In administranda autem Iusticia nullatenus volo vt tales se intromittant mediocresque tales post ferarum curam susceptam pro liberalibus semper habeantur quos Dani Ealdermen appellant 4 Sub horum iterum quolibet sunt duo minutorum hominum quos Tineman Angli dicunt Tine man These are they that now are called Forresters or keepers Here you may note both their Office auctoritie and beginning hi nocturnam curam veneris viridis tum seruilia opera subibunt 5 Si talis minutus seruus fuerit tam cito quam in Forresta nostra locabitur liber esto omnesque hos ex sumptibus nostris manutenebimus Michni Here you may see what allowance a Verderor had by the yeare of the King for his fee. 6 Habeat etiam quilibet primaliorum quolibet Anno de nostra warda quam Michni Angli appellant duos equos vnum cum sella allerum sine sella vnum gladium quinque lanceas vnum Cuspidem vnum scutum et ducentos solidos argenti A Regarders fee by the yeare 7 Mediocrium quilibet vnum equum vnum lanceam vnum scutum et 60 solidos argenti A Forester his fee by the yeare 8 Minutorum quilibet vnam lanceam vnam arcubalistam 15. solidos argenti 9 Sint omnes tam primarij quam mediocres menuti immunes liberi et quieti ab omnibus prouincialibus summonitionibus Hundred Lawe All the officers of the Forestate to be acquited of paying of any tribute or taxe and of all Summons forreine plees et popularibus placitis quae Hundred Laghe Angli dicunt et ab omnibus armorum oneribus quod Warscot Angli dicunt et Forincesis querelis All the officers of the Forest are to be corrected and punished by the Verderors the Forest 10 Sint mediocrium et minutorum causae et earum correctiones tam criminalium quam ciuilium per prouidam sapientiam et rationem primariorum Iudicatae et decise Primariorum vero enormia si quae fuerint ne scelus aliquod remaneat multum nosmet in ita nostra regali puniemus 11 Habeant hi quatuor vnam regalem potestatem salua nobis nostra presentia quaterque in Anno generales forestae demonstrationes et viridis et veneris forisfactiones quas Muchehunt dicunt Muchhunt The Verderors haue regalem potestatem Gang fordel vbi teneant omnes calumniam de materia aliqua tangente Forestam They may procede to a threefold Iudgment Purgatio ignis Triplex ordelia eantque ad triplex Iudicium quod Angli of Gangfordel dicunt Ita auteÌ„ acquiratur illud triplex Iudicium Accipiat secum qumque et sit ipse sextus et sic iurando acquirat triplex Iudicium aut triplex Iuramentum Sed Purgatio ignis nullatenus admittatur nisi vbi nuda veritas nequit aliter in vestigari 12 Liberalis autem homo .i. Pegen Pegen A freeman may haue another to swear for him Forathe modo crimen suum non sit inter mariota habeat fidelem hominem qui possit pro eo iurare iuramentum .i. Forathe si autem non habet ipsemet iuret nec pardonetur ei aliquod iuramentum 13 Si Aduena vel Peregrinus qui de longinquo venerit sit calumpniatus de Foresta How a straunger shall bee delt with all et talis est sua inopia vt non possit habere plegium ad primam calumniam qualem * nullus Anglus iudicare potest tunc
shall haue for euery yeare one Horse one Iaueline one shilde and iii. li in Money 8 And euery one of the saide seruile persons shall haue for euery yéere one Iaueline one Crosbowe and xv shillings of money 9 Let aswell all the saide foure cheefe men as also the saide meane men and the foresaide seruile officers be exempted and discharged from paying of any tribute also fréed and aquited from al prouincial sommons and popular plees which Englishmen do cal Hundred laghe and also from all charges of Armoure which Englishmen do call Warscot and also from forein sutes 10 The causes offences of these meane men seruile persons the correction of them as wel such causes offences as are Criminall as thosé that are Ciuil shal be adiudged decided by the prouident wisdome and discretion of those foure chéefe men but the offences of those foure chéefe men if any shal fortune to be lest that any haynous offence should remaine vnreuenged Wee our owne selfes shal punish the same in our Royall displeasure 11 These foure cheefe men shall haue one Roial authoritie sauing vnto vs our owne Roial presence and foure times in the yéere they shall keepe theire generall Sessions or Plées of the Forest all forfeitures as well of Vert as of Venison which Englishmen do call Much-hunt where they shall hold Plee of any matter concerning the Forest And they shall proceede to a thrée folde Iudgement which Englishmen do call of Gangfardell and this thréefolde Iudgement is thus to be had Hee that is accused must take with him selfe fiue other persons and himselfe must be the sixt person and so in swearing he shal haue a thréefold Iudgement or thréefolde oath But for any person to haue his triall or purgation by Fier is in no wise to be allowed or admitted except it be where the manifest trueth cannot otherwise be found out 12 But a fréeman which Englishmen call Pegen hauing his offence depending although he bee not within the compasse of the Seas yet hee may haue a trustie or faithfull friend that may sweare his oath for him which Englishmen call Foreath but if he haue not such a trustie man to sweare for him he him selfe shall sweare the oath neither shall he be pardoned for any oath 13 If a straunger or pilgrime which hath come from a far Contrey be accused of the offence of the Forest and his pouerty is such that he cannot haue a Pledge such as he ought to haue at the first accusation no Englishman may adiudge him therof then he must indure the Kinges imprisonment and there remaine vntill he may procéed forward to iudgement of the Iron and Water And yet notwithstanding if any person do hurt vnto him that is such a straunger or pilgrime comming from a far Countrey if those foure cheefe men shal determine any iudgement against the same stranger the same Iudgement shall be vnto him that did hurte the same straunger 14 Whosoeuer shall beare false witnes before my said foure cheefe men of the Forest shal be conuicted thereof afterwardes he is not worthy any more to be allowed a witnes or to beare any witnes for because he hath lost his ability therin for that offēce he shal paie vnto the King ten shillinges which the Danes do call Halfeshang alias Halshang 15 If any man shall offer any force to my said cheefe men of my Forest if he be a fréeman that shal so offend he shall lose his libertie or fréedome and all that he hath but if he be a bondman then his right hand shal be cutt 16 But if either of them shall offend againe then he shal be adiudged gilty of death for the same 17 But if any man shall contend in sute with any one of our cheefe men aforesaide against him then he shall make recompence for the same to the King according to the worth of him selfe which Englishmen do call Pere et Pite and also shall paie vnto our cheefe man for the same fourty shillinges 18 If any man shall breake the peace of the King in the presence of our meane men of the Forest aforesaide which Englishmen do call Geth-brech he shal yéeld recompence to the King for the same ten shillinges 19 If any of our meane men aforesaid with his wrath shall strike any man let him make such recompence to the King for the same as was acustomed to be made to me for the killing of a roial wilde beast 20 If any man be taken offending in our Forest it is conuenient for him to be punished according to the maner and kind of his offence 21. The punishment of a fréeman whom the Danes do call Eldermen shal not be one and the selfe same punishment of a man that is seruile or not frée Of a seruant and a maister Of a man that is knowen and of him that is not knowen Nor the punishment of Criminall causes of Ciuil causes shal be one and the self same Nor of wilde beasts of the Forest royall wild beasts nor the destroying of Vert of Venison For the offence of Venison or hunting not vnworthely haue bene accounted amongest the greatest offences of the Forest euen of auncient time But the offence of Vert except it be for the breach of our Roiall frée chace it is so little and of so smal an account that this our Constitution or Law doth scantly respect the same Yet notwithstanding he that shall offend in this offence let him be accounted gilty of an offence of the Forest 22 If any fréeman shall chase away a Dere or a wilde beast out of the Forest whether the same were done by chaunce or of a set purpose so that thereby the wilde beast is forced by swift running to lyll out the tong or to breath with his tong out of his mouth he shall paie to the King ten shillings for amends for the same offence but if he be a seruile person then he shall double the same recompence but if he be a bondman then he shall lose his Skinne 23 But if any of these men shall kill a wilde beast of the Forest let him paie double recompence for the same and also let him paie besides euen to the vttermost valew that he is worth and he shal be accounted as an offender against the King 24 But if either of them shall chase a Roiall wilde beaste of the Forest which Englishmen doe call a Stagon and thereby shall force him to hang out the tounge with swifte running then the one of them which is a fréeman shall lose his naturall libertie for one whole yéere and the other of them that is not a fréeman shall lose his naturall libertie for two whole yeeres But if he be a bondman then afterwards hee shall bee taken for an out-law which Englishmen do call Frendlesman 25 But if a freeman shall slea a wilde beaste he shall lose the defence of his libertie but if he be
of the crime Or els he did thrust his arme vp to the shoulder into a lead Copper or Caldren of seething water from whence if he withdrew the same without any manner of damage he was discharged of farder molestation otherwise he was taken for a trespasser punished accordingly The Fiery manner of purgation belonged only to noble men and women and such as were free borne but the husbandmen Villaines were tried by water The praiers cerimonies holy vestures masses and all things that were vsed in the execution thereof you may see at large in Hollandshed his description of Brittaine fol. 98. 99. 100. In what time Canutus made these Lawee THis Canutus was King of England in the yeare of our Lorde 1018. and William the Conqueror was King of England in the yeare of our Lord 1067. which is by computation iust 49. yeares before the Conquest that these Lawes were made The antiquitie of Forest Lawes which also is nowe in this yeare of our Lorde 1592. iust 574 yeares since the making of these Lawes of King Canutus which is verie auncient and yet it doth seeme that Forestes themselues are much more auncienter than these Lawes are For it doth appear that Forestes were long before Christ his time as the Scripture doth testifie in the second booke of Kinges Cap. 19. The antiquitie of Forestes ver 23. in these words I will go into the lodgings of his borders and into the Forest of his Carmell And also in the second booke of Kings Cap. 2. vers 24. in these wordes Two Beares came out of the Forest and tare in peeces 42 children that mocked Elisha by which words of the Scripture it doth not onely appeare that there were Forests then but also it doth manifest vnto vs what manner of wild beastes were in those Forests at that time as Beares and such like And in the 104 Psalme of Dauid vers 20 in these words Thou makest darknes and it is night wherein all the beasts of the Forest creepe foorth And in the 131 Psalm vers 6. in these wordes Lo wee heard of it at Euphrates found it in the Fields of the Forest so that you may see that there were places of refuge for wilde beastes to abide in The signification of this word Forest euen at that time which places of Refuge for wilde beastes were and yet are called Forests that is co say where wilde beasts of Venery may haue a place of firme peace for rest OMnes forestae quas H. auus nr ' afforestauit videantur per bonos leg homines si boscum aliquem aliud quam suum dominicum afforestauerit ad damnum illius cuius boscus ille fuerit statim deafforestetur Et si boscum suum proprium afforestauerit remaneat foresta salua communia de herbagio alijs in eadem foresta illis qui prius eam habere consueuerunt Carta de foresta ca. 2. 2 Homines vero qui manent extra forestam non veniant de cetero coram Iustic nostris de foresta per communes summonitiones nisi sint implacitat ' vel plegij alicuius vel aliquorum qui attachiati sunt propter forestam Carta de foresta ca. 3. 3 Omnes autem bosci qui fuerunt afforestati per regem Richardum auunculum nostrum vel per regem Iohannem patrem nostrum vsque ad primam coronationem nostram statim deafforestantur nisi sit dominicus boscus noster Carta de foresta cap. 4. 4 Archiepiscopi Episcopi Abbates Priores comites Barones milites libere tenentes qui habent boscos suos in Forestis habeant boscos suossicut eos habuerunt tempore primae coronationis regis Hen. aui nostri ita quod quieti sunt imperpetuuÌ„ de omnibus purpresturis vastis assertis factis in illis boscis post illud tempus vsque ad principium secundi anni coronationis nostrae Et qui de cetero vastum purpresturam vel assertam sine licentia nostra in illis fecerint de vastis purprestur assertis nobis respondeant Carta de foresta cap. 5. 5 Regardatores nostri eiant per forestam ad faciend'regardum sicut fieri consueuit tempore prime coronationis regis H. aui nostri non aliter Carta de foresta cap. 6. 6 Inquisitio vel visus de expeditatione canum existentium in foresta nostra de cetero fiat quando fieri debet regardum scilicet de tertio anno in tertium annum tunc fiat per visum testimoniuÌ„ leg hominuÌ„ et non aliter Et ille cuius canis inuentus fuerit tunc non expeditatus det pro miÌ„a tres solidos et de cetero nullus bos capiatur pro expeditione canum Talis autem expeditatio fiat per assisam comuniter vsitatam vz quod tres ortelli abcindantur sine pellota de pede anteriori Nec expeditent ' canes de cetero nisi in locis vbi consueuerunt expeditari tempore primo coronationis pÌ„dicti reges Henrici aui nostri Car. de Fo. cap. 7. 7 Nullus forestarius vel bedellus de cetero faciat scotalas vel eolligat herbas vel auenam vel bladum aliquod vel agnos vel porcellos nec aliquaÌ„ collectam faciat nifi per visum et sacruÌ„ xij regardatoruÌ„ quando facient regarduÌ„ Tot Forestarij ponantur ad forestas custodiend quot ad illas custodiend rationabiliter viderint sufficere Carta de Foresta cap. 8. 8 Nullum Swanimotum de cetero teneat ' in regno nostro nisi ter in anno vz in principio xv dierum ante festum sancte Michaelis qn'agistatores nostri conueniuntad agistâ—nd dominicos boscos nostros circa festum sancti Martini in hyeme qn ' agistatores nostri debent recepere pannagium nostruÌ„ Et ad îsta duo swanimota conueniant forestarij viridarij et agistatores et nulli alij per districtionem Et tertium swanimotum teneatur initio .xv. dierum ante festum sancti Iohannis Baptiste quando agistatoris nostri conueniunt pro venatione bestiaruÌ„ nostrar ' Et ad illud swanimotum tenend conuenient forestarij viridarij non alij per districtionem Preterea singulis xl diebus per totum annum conueniant forestar ' viridarij ad vidend attachiamenta de foresta tam de viridi quam de venatione per presentationem ipsorum forestariorum et coram ipsis attachiat ' Predcta autem swanimota non teneantur nisi in comÌ„ in quibus teneri consueuerunt Carta de Foresta ca. 6. 9 Vnusquisque liber homo agistet boscum suum in Foresta oro voluntate sua habeat pannagium suum Concedimus Etiam quod vnusquisque liber homo ducere possit porcos suos per dominicuÌ„ boscuÌ„ nostruÌ„ libere et sine impedimento ad agistand eos in boscis suis proprijs vel alibi vbi voluer ' Et si porci alicuius liberi hominis vna noct
inforesta adeo large libere sicut ante perambulat ' praedictam habere solebant Saluis arent ' nostris in forma praedicta In cuius rei testimonium c. Teste c. apud Westmonasterium xxviii die Maij. Anno xxxiiij Edwardi primi Ordinatio foresta 23 Le graund chrater des franchises et le charter de la Forest soient gardes en touts points Purley et que la ponerel que estoit chiuach en temps le roy Edw. ayel le roy qui ore est se reigne en la fourme que estoit chiuache bonde que sur ceo soit charter-fait a chescun count ou fait mye chiuache le roy voet que en chiuacha per bondes et lieux et charter sur ceo fait cōe de fuis est dit An. 1. E. 3. cap. 1. 24 Pur ceo que plusours gents sont disherits rettes distruits per les souereignes gardeines des forestes de sa trent de la per les auters ministers encounter lestatute de la graunde chartre de la Forest et encounter la declaration que le Roy E. fits le Roy Hen. iii. fist en la fourme que ensuit s. Nous volons grantons pur nous pur nous heirs que le trespas fait en Forest de vert de venison que les Foresters des queux baylifes tiels trespasses sertōt faits presentēt mesmes les trespasses au procheins swanimots deuāt foresters verdors regarders agistours et autres ministers de mesme le forest que sur tyel presentment deuaunt las forestes verdors regardours agistours et auters ministers suisdits per surement sibien des charters come dauters prodes homes et loyalx et nemy suspiciouses de partie vesinables plus procheine en tielx trespasses serront issint presents et en la veritie plus mielur et plus pleinment purra estre enquis et tiel veritie ensy enquis soient tielx presentments per commen assent accord de touts les ministres auantdits solemnement enforces et de touts seale cuscales et si en auter maner soit fait nul enditements soit desore pur nul tenus Et pur ceo que les chiefe gardeines des forests nont my la did fourme tenus iesque en ceo accord est et ordeigne que desore nul ne soit pris nemprison pur vert ne pur veneson sil ne vsoit ou sil ne soit troue oue may nor en le fourme auantdit endite adonques luy lesse le soueraigne gard'del forest a mainprise iesque al heire del forest sans riens prendre pur le deliuerance et si le gard faire ne voloit eit briefe en le Chauncery que auncientment fuit ordeigne pur ceux endites destre a mainprise sans rien prendre adonques eit le pl. briefe en le Chauncerie al viscount dattach le dit gard destr deuaunt le Roy au certaine iour a responder pur quoy il nad repleuy celuy quest ensy pris per bon mainpris en presence des verdours nouns des mainpernours face deliuerer as mesmes verdours a respond en eyre deuaunt les Iustices Et si le chiefe gardeine de ceo soit attaint soyent agardes as pleintifes lour dammages al treble et les gard'a la prison et reints al volunte le roy Et desormes soyt escript as eux cōe as les chiefe gard del Forest pur ceo que iustices ne deiuent ils estre en record forsque en eire Anno. 1. E. 3. cap. 8. 34. E. 1. 25 Nul forester ne gardeine de foreste ou de chase ne nul auter minister ne face ne coille puter nauter coillet des vitailes ne nul autre chose per colour de lour office countre nulluy volunte dedeins lour baile ne de hors forsque ceo que est due dauncien droit Anno. 25. Ed. 3. cap. 7. 26 Nul maner de Iure soit desore arte per ascun minister de la Forest nautre person quicunque de trauailer de lieu en lieu hors des lieux ou lour charge lour est done enconter lour grée ne per malice ou per manace ou auter duresse constreint de dyre lour verdit de trespas fait en foreste auterment que lour conscience ne lour ent vorra clerement enformer eins dient ils lour verdyts sur lour charges lieux ou celle charge lour est don come desuis est dit Anno. 7. R. 2. cap. 3. 27 Nul home soit pris nemprison per ministre de foreste sans due enditement ou per mainoeuere ou trespassant en la forest ou aillours ne soit constreint de faire obligation ou redemption a ascun ministre de forest per quicūque manner encounter-lour grée et assise de forest et si ascun face enconter cest ordinaunce en ascun point et de ceo soit attaint paie as parties endammage lour double dammage fine et raunceon au roy pur son mal fait Anno 7. R. 2. cap. 4. The Lawes of the Forest AL Forestes which King Henry our graundfather afforested and made shal be viewed by good and lawfull men and if he haue made forest of any other wood more then of his owne demesne whereby the owner of the wood hath hurt Wee will that foorthwith it be disaforested And if he haue made forest of no mens wood but of his owne then we will that it remaine forest still Sauing the common of herbage and of other things in the same forest to them which before were accustomed to haue the same Carta de Foresta cap. 1. Common summons Suertie 2 Men that dwell out of the Forest from hence forth shal not come before the Iusticers of our forest by no common summons vnlesse they be impleded there or be suerties for some other that were attached for the forest Carta de Foresta cap. 1. Disaforest Demesne Wood. 3 All woods which haue been made forests by K. Richarde our vncle or by King Iohn our father vnto our first coronation shall be foorthwith disaforested vnlesse it be our demesne wood Charta de foresta cap. 3. Archbishop Bishop Freeholder Woodes 4 All Archbishops Bishops Abbots Priors Earles Barons Knights and other our frée holders which haue their woods in forestes shall haue their woods as they had them at the time of the first coronation of King H. our graundfather so that they shall be quite for euermore of all purprestures Purpresture Wastes wastes and assert es made in those woods after that time vntill the beginning of the second yeare of our Coronation And those that from henceforth doe make purpresture without our speciall licence or wast or assert in the same Licences Wast shall aunswere vnto vs for the same wastes purprestures and asserts Carta de Foresta cap. 4. Regarders 5 Our Regarders shall goe through the Forest to make their Regard as it hath
bin accostomed at the time of the first coronation of King H. our graundfather and none other wise Carta de Foresta cap. 5. 6 The inquirie or view forlawing of doggs being within our forest Lawing of dogges View shal be made from henceforth when the Regard is made that is to say euery iii. yere then it shal be done hy the view and testimonie of honest men and not otherwise And he whose dogg is not then found expeditated shal be amerced and shall paie for the same iii. s. And from henceforth no oxe shal be taken for lawin-of dogges A merce Oxe Assise iij. Clawes cut off And such lawing shall be done by the assise commonly vsed that is to say that iii. clawes of the forefoote shal be cut off by the skin But from henceforth such lawings of dogges shall not be done but in places where it hath bin accustomed from the time of the first coronation of the aforesaid king H. our grandfather Carta de Foresta cap 6. Forester 7 No Forester or Bedle from henceforth shal make scotal or gather garbe or otes or any corne or lambe or pige nor shall make no gathering but by the sight and vpon the othe of the xii Regarders wheÌ„ they shal make their regard So many Foresters shal be assigned to the kéeping of the forests as reasonably shal séeme sufficient for the kéeping of the same Car. de Forest ca. 7. 8 No Swanimote from hencefoorth shal be kept within this our Realme but thrice in the yere Swanimot First the xv day afore Michaelmas when that our gistakers of our woods come together to take agistment in our demesne woods Agistment about the feast of s Martin in winter when that our gistakers shall receiue our pawnage And to these ii swanimotes shall come our foresters verderors gistakers Pawnage Foresters none other by distres The iii. swanimote shal be kept in the beginning of xv daies before the feast of S. Iohn Baptist wheÌ„ that our gistakers do méete to hunt our Déere And at this Swanimote shall méete our foresters verderors none other by distres Moreouer euery xl daies thorough the yere View Attachments Greene hugh Hunting our foresters verderors shall méete to sée the attachments of the forest as well for gréene hugh as for hunting by the presentment of our foresters afore them attached And the said swannimotes shall not be kept but within the Counties in which they haue bin vsed to be kept Carta de Foresta cap. 8. 9 Euery fréeman may take agistment in his owne wood within our forest at his pleasure shall take his pawnage Freemen Agistment Pawnage Driue swine Also we do graunt that euery fréeman may driue his swine fréely without impedimeÌ„t thorough our demesne woods for to agist them in their owne wods or els where they will And if their swine tarrie one night lie within our forest there shal be no occasion taken there of whereby he may leese any of his owne Carta de foresta cap. 9 10 No man from henceforh shall lose neither life nor member for killing of our déere but if any man be taken therwith Killing of deere Conuict Fine Impris and conuict for taking of our Venison hée shal make a gréeuous fine if he haue any thing whereof to make fine if he haue nothing to léese he shal be imprisoned a yere and a day and after the yere a day expired if he can find sufficient suerties he shal be deliuered And if not he shall abiure the Realme Carta de foresta cap. â—0 Abiure 11 Whatsoeuer Archbishop Bishop Earle or Baron comming to vs at our commaundement passing by our forest it shal be lawfull for him to take and kil one or two of our déere by the vew of the forester if he be present or else he shal cause one to blow an horne for him that he séeme not to steale our déere And likewise they shall do returning home from vs. Car. de For. ca. 11. 12 Euery freemaÌ„ from henceforth without daunger shal make in his owne woode or in his land or in his water which he hath within our forest milles springs pooles marlepits dikes or errable ground being without the couert into errable ground againe so that it bée not to the annoyance of his neighbors Carta de Foresta cap. 12. 13 Euery fréeman shall haue within his owne woods ayries of haukes sparrow haukes fawcons egles and herons and shal haue also the honie that is found within his woods Carta de Forest cap. 13. 14 No forester froÌ„ henceforth which is not a forester in fée paying to vs farme for his Bailiwike shall take any chiminage within his bailiwike But a forester in fée paying vs farm for his bailiwike shall take chiminage that is to say for carriage by cart the halfe yeare ii.d. and for another halfe yeare ii.d. for a hors that beareth loads for halfe a yeare an halfe-penie and for another halfe yeare a halfepenie And but of those onely that come as Marchants through his bailywike by his licence to buy bushes tymber barke coale and in another place to sell it againe where they will at their pleasure But for none other carriage by cart chiminage or tol shall be taken Nor chiminage shall not be taken but in such places onely where it hath bin vsed to be taken Those which beare vpon their backes brush barke or coale to sell though it be their lyuing shall paie no chiminage to our foresters except they take it within our demesne woodes Carta de Foresta cap. 14. 15 All that be outlawed of trespas within our forest since the time of King H. our graundfather vnto the first yere of our coronation shall come to our peace without let and shall find to vs suerties that from henceforth they shall not trespas vnto vs within our forest Carta de Foresta ca. 15. 16 No Constable Castellaine or bailife shall hold plea of forest neither for gréene hugh nor hunting but euery forester in fée shall make attachments for plea of the forest aswel for gréene hugh as hunting Iustices of the Forest shal determine those plees and shall present them to the Verderors of the prouinces And when they be inrolled and inclosed vnder the seals of the Verderors they shal be presented to our chiefe Iustices of our forest when they shall come thither to hold plea of forest and before them they shall be determined Carta de Forest cap. 16. 17 Concerning trespassers in parkes and pondes it is not yet discussed for the Lords demaunded the proper imprisonment of such as they should take in their parks and ponds which the king denyed Wherefore it was deferred Merton cap. 11. Anno. 20. H. 3. 18 It is prouided also for trespassers in parkes and pondes that if any be thereof attainted at the suit of the partie great and large amendes shal be awarded according to the
trespas and thrée yeares imprisonment and after shall make fine at the kings pleasure if he haue whereof and then shall find good suretie that after he shall not commit like trespas And if he haue not whereof to make fine after three yeres imprisonment he shall finde like suertie and if he cannot finde like suretie he shall abiure the Realme And if any guiltie thereof be fugitiue and haue no land nor tenement sufficient whereby he may be iustified so soone as the king shall finde it by Enquest he shall be proclaimed from County to County and if he come not he shal be outlawed It is prouided also and agréed that if none do sue within a yeare day for the trespas donc the king shall haue the suit And such as be found guiltie thereof by lawfull inquest shal be punished in like manner in all points as aboue is said and if any such trespassor be attainted that hée hath taken tame beastes or other thing in his parkes by maner of robberie in comming tarying or returning let the common law be executed vpon him as vpon him that is attainted of open theft and robberie aswel at the suit of the King as of the party West 1. ca. 20. An. 3. E. 1. 19 If any Forester parker or warrenor do finde any trespassor wandering within his libertie intending to doe dammage therein and that after hue and crie made to him to stand vnto the peace will not yeeld himselfe but doth continue and execute his malice and disobeying the kinges peace doth flie or defend himselfe with force and armes although such foresters parkers and warrenors or any other comming in their companie and ayding such foresters parkers and warrenors in the kings peace do kill any offendor or offendors being so found either in arresting or taking them or any of them they shal not be arraigned vpō the same before the king and his Iustices or before any other the king his Bailifes or any other within any franchise or without nor shall léese for so doing either life or limme or suffer any other punishment but shall enioy the kinges peace as they did before Notwithstanding let all such foresters parkers warrenors and all other beware that by reason of any malice discord debate or other euil will had before time they do not lye nor maliciously pretend against any person passing through their liberties that they came thither for to trespas or misdoe when of trueth they did nothing nor were not found as trespassors and so kill them for if they do and be conuict thereupon the death of such persons shal be inquired and execution shal be done in like maner as is done for other of the kinges subiects standing in his peace and like as it ought to be done of right according to the law custome of the Realme Statute of Trespassors in Parkes An. 21. E. 1. 20 Whereas certaine people that bée put out of the forest for the purliew and by the great men haue made request to our soueraigne Lord the king at his parliament that they might be acquited of their charge and of things that the foresters demaund of them as they were wont to be Our soueraigne Lord the king aunswered First that where he had graunted purliew that he was pleased that it should stand in like maner as it was granted albeit that the thing were sued and demaunded in an euil point Neuerthelesse he willeth and intendeth that al his demesne lands wheresoeuer they be that haue bin of the Crown being returned by way of escheat or otherwise shall haue estate of frée chase and frée warren and in such maner shal be saued and kept to his vse for all maner of escheates and for all maner of thinges that pleaseth him And in right of them that haue lands and tenements disaforested for the said purliew and such as demaund to haue common within the bounds of forests The intent will of our soueraigne Lord the king is that from henceforth where purliew is they may claime to be quite of charge of the forestes And whereas the kings beasts cannot haue their haunt and repaire vpon the forest ground as they had so long as they were within the forests that such folke shall not haue common nor other easement within the boundes of the woodes nor of the landes the which remaine in forest but if any of them that be disaforested by the purliew would rather be within the forest as they were before then to be out of the forest as they be now It pleaseth the king verie wel that they shal be receiued thereunto so that they shall remaine in their auncient estate and shall haue common and other easement aswel as they had before Wherevpon our Soueraigne Lord the king willeth and commaundeth that his Iustices of the forestes on this side Trent beyond Trent in like maner shall keepe and hold and cause to be kept and holden straitly the foresaid pointes within their liberties in the forme aboue mentioned Anno. 33. E. 1. Stat. 5. Assisa et consuetudines Eorestae 21 If any Forester shal finde any man attachable for vert in the forest first he shal attach him by ii pledges if they be to be found if not he shal be brought to the next town wher they may be found And if they be afterward found he shal attach him by iiii pledges and if the third time he shall be presented before the Verderors and be put by viii pledges afterward after the third attachment his bodie shal be attached and retayned that hee may remember what thing Vert is It is to be knowen that all trées not bearing fruit and these which beare fruit at any time in the whole yeare and an Ash if he be old shall remaine in the forest and in the errable land they be all Vert because our Lord the king is in possession of them If any man shal be found felling an Oke without the demesne wood and within the regarde of the forest without the view or deliuery of the forester or verderor he shal be attached by iiii pledges and by the view of the verderor the Oke shal be praized and the names of the pledges shal be written in the rol of the foresters and verderors If any man shal be found in the kinges demesnes asserting or doing purpresture his bodie shal be forthwith retained but if without the demesnes within the regard he shal be put by vi pledges and if he be afterward found he shall double his pledges if the third time he shall retaine his bodie A man attatable conra vadios plegios is he that is bound to be of good behauiour towarde the Forest and then after that bond is found offending in the Forest againe as it appeareth in Carta Foresta Articulo 15. If any man shal be found attacheable contrary to his suerties and pledges he shal be distrained by his cattels found within the bounds of the forest but
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
Oxford Bark Worcester Gloucester Somerset Northwales Southwales Bedford Warwyke Northampton Yorkeshire Cheshire Staffordshire the countie of the citie of Yorke the towne and liberties of Glocester the countie of the towne of kingstone vpon Hul the county Palantine of Lancaster the countie of Salop. Leicester Hereford Lincolne or within any of them nor shall put to feed or pasture any stoned horse or horses being aboue the saide age of two yeares and not being of the altitude and height of fourteene handfull to be measured as is aboue said within or vpon any like ground or groundes as ben aboue written liyng or being within any other shier of this Realme nor within any of them vpon payne of forfeiture of the said horse or horses which shal be founde in or vpon any such grounde forest chase moore marish hethe common or wast ground It shal be lawfull for the finder of such to seise them at any time after the said last day of March which shal be in the said yere of our Lord God a thousand fiue hundred and three and fourty contrary to the fourme of this estatute And it shal be lawfull to euery person and persons that shall finde any such horse or horses contrarie to the fourme of this estatute to seise the same in maner and fourme folowing that is to say the said person or persons so finding any horse or horses contrary to this act in any forest chase common moore marish Keeper or other officers of the Forest to help the findes hethe or wast ground within the said shires or other limittes aforesaid or in any of thē shal first go vnto the kéeper or kéepers of the same forest or chase or to his deputie or deputis or to the cōstable bailif hedborough bursholder or tithing man of any towneship next adioyning vnto the saide place where the said horse or horses shal be Such Horses or Mares to be driuen to the Pound and there to be measured in the presence of three honest persons And shall commaund or require him or them or any of them in the kings behalfe to goe with him or them to bring euery such horse or horses as he or they shall thinke to be there feeding and goyng contrary to this estatute to the next pound there the said horse and horses to be measured by any of the same officer or officers in the presence of three other honest men to bee named and appoynted by the said officer and if it so be found that the same horse or horses be contrary to this acte It shal be lawfull to retaine them to his owne vse that then it shal be lawfull to euery such person and persons that shal so challenge and cease the said hors or horses as before is said to take and retaine the same hors or horses and euery of them to his owne vse as his owne proper goodes cattells for euer without let interupcion vexation suite or trouble of the owner or owners of them or any of them or of any other person or persons The said keepers nor other officers shall not refuse to measure them And it is further enacted by the authoritie aboue saide that if any of the said kepers their deputy or deputies Baylyfs Constables Hedborough Bursholders or Tythyng men or any of the said three other honest men which shal be required to be at the measuring of the saide horse or horses as is before said do refuse to do as is aforesaid or els do not truely measure such horse and horses that then euery such bayliffe keeper deputy or deputies constable hedborough bursholder tithingman and the said thrée honest persons to be named as is aforesaid and euery of them not doyng and refusing to doe his or their duety in the premisses shall forfait and lose xl.s. for euery time so refusing to do or not doing as is a foresaid the one halfe therof to be to the king and the other halfe thereof to be to the party that will sue c. in which accion none essoygne c. Prouided alway that this acte shall not extende to any stoned horse or horses that shall happen once in any yeare after the sayde last day of March to breake escape or goe out of any seuerall pasture or grounde against the will and minde of the owner or possessour of such horse or horses into any of the saide foresters chaces moores marishes hethes commons or wast groundes so that the said horse or horses so breaking escaping or goyng out doe not remayne or abide in the saide forest chaces moores marishes heathes commons or waste groundes or any of them by the space of foure dayes next after sufficient and open notice and knowledge giuen at the dwelling house of the owner of the saide horse or horses or after open publication thereof made vpon a Sunday The maner forme how the forest shall be driuen and that is yearely at the feast of S. Michael or other festiual day in the parish church where the owner or possessour of such hors doe dwell And be it c. that all forestes chaces commons moores marishes heathes and wast groundes within this realme of England and Wales and the marches of the same and euery of them shal be driuen at the feast of S. Michael tharchangell next comming or within xv dayes than next after and so yearely to be driuen by the Lords owners or possessours of the saide forestes chaces or by the officers of the same and by the constables hedboroughes bailiffes bursholders and tything men within whose offices and precincts and limittes Forf for not driuing of the forest the commons moores marishes hethes and wast groundes being out of the forestes and chaces be or lie vpō payne of xl.s. to be forfaited to our said soueraigne Lord the king by euery of the said officers baylifes cōstables hedboroughes burshelders tything-men as often at euery time as the said drift shal be omitted or left vndone or not effctually done within xv dayes after the said feast of S. Michaell tharchangell as is a foresaide And it shall also be lawfull to the said Lordes owners and possessioners of the said forestes chaces by their officers of the same and by the constables bailifes hedhoroughs bursholders and tithing men The drift of the forest is to be made as often as the officers shall thinke mee and euery of them within the limits of their offices to make like drift of the said forests chaces commons moores marishes hethes and wast grounde at any other season time of the yeare whansoeuer and as often as they shall thinke meete and conuenient And furthermore be it enacted that if in any of the said drifts there shal be foūd any Mare fili fole or gelding that thē shal be thought not to be able nor like to growe to be able to beare foles of resonable stature or not able nor like to grow to be able
vse tillage in any newe groundes without especiall licence It appeareth by a claime made by the Abbot and Couent of Meriuall that none may make any new buildings within the Forest except he haue good warrant from the Lords of the Forest for the Abbot made claime by graunt that he might make omnimodum comodum suum sine assertand'sine edificand'modis omnibus c. And if he might do it without warrant it had ben in vaine to haue had licence Assisa Lane fo 9. Cablicia Comon of pasture Lanc. fo 13. Sheep Swine nor Goates are allowed to haue comon in the Forest Default Itinere Lanc. fo 5. and also to haue made his claim for the same And that the assises of the Forest are so it appeareth by a presentment made in a case of the Priour of Lancaster Cablicia is properlie Bruse Wood Itiner ' Lanc. 10 E. 3. fo 172. a. Itiner ' Picke A claime made for â—â—â—on of pasture is good It is to be noted that neither Shéepe nor Swine are allowed to haue Comon within the Forest quia bidentes et porci non sunt animalia ad comunicandum in Foresta sed prebent exilium ferarum in eadem in clameo Burgens Lan. fo 30. the same lawe is of Goats In clameo Burgens de Preston fo 5. Nota that if any do make a claim do after make default their libertie shal be seised into the Lords handes for default is a cause of seisure in the case de domino de Gersingham and others A woman tenant for terme of life of a Parke within the Forest of Lancaster made her claime for that being called Knoghsley Parke and also for a frée warren and after made default where vpoÌ„ one Latham being tenant in reuercion was receiued made claime both for the Park also for the free warren Ibidem and because he did not shewe forth any good matter to warrant his title therefore was it adiudged quod clausus predict ' prosternatur et remaneat Foresta vt prius et quod warrennia predicta capiatur in manus domini c. Demurrer Pickering f. 21 If it chaunce a demurrer in lawe do fall out betwéene the king and his subiects vpon a claime before the Iustice of the Forest they may adiourne the same into the kings Bench there to be determined Nota the president is excelent If a Iustice seate be discontinuid Discontinuance Resomons Pickering f. 15 by the not comming of the Iustice In this case the king by his writ may reuiue the same againe It is to be noted that in case the plées of the forests be discontinued by the not comming of the Iustices that in that case the plées may be reuiued againe by the kings writ of resommons whereby all thinges shal be and remaine in Pristino statu See the president therof Itiner ' Pic. fo 15. Patet that secundum assisas Forestae expeditatio canum Expeditatio canum Pickering f. 16 Exposition by vsage Pickering f. 17 Lancaster f 9. must and may be euery third yeare William the Earle of Warren Boheme Marton graunted by his deed vnto the Abbot of Furneaux that he his successors might take within his Forest of Lancaster maremiuÌ„ c. que ad vsus suos sunt necessaria et nominatim ad piscariam suam de Lanc. faciend'quicquid eis ad hoc opus fuerit And in his claime the Abbot claimed sufficient timber both for his Manner of B. also for his Piscarie and for all other thinges necessarie c. And that by that word MaremiuÌ„ he had vsed enioyed the same euer since the making of the saide graunte without the view of the Foresters And the vsage being thus founde by the iurie his title of claime was allowed Here it is to be noted that many times darke and obscure wordes are expounded by vsage as appeareth in this president quod nota for this worde Maremium is expounded by the meane of vsage Maremium for timber to build with all And this worde Maremium is also in this place expounded for Mesuagium To be acquite of escapes within a Forest doth signifie that where after the assises of the forest Escapium Pickering f. 15 Ibidem 17. Ibidem 19. If any mans Beastes be found within the landes forbidden or in the fence time within the forest then the lawe is that the owner of the same beastes shal be amercied for euery foote i.d. And if the second time the beastes be found againe then to be amerced in like manner And if the third time they be taken offending vt supra then shall the same beastes bee forfited vnto the Lord of the foreste of all which amercementes he that is quietus de escapio is cléerely discharded ibidem Footegeld Pickering fol. 17 Ibidem Chiminage To be quit of foote geld is to kéepe doggs within the forest vnluwed without any mercementes fine or forfecture ibidem To be quite of chiminage is a discharge of chiminag siluer paid for passage through the Forest with cariage of any thing vpon Horse backe ibidem Ibidem Note that the Lord of a Forest hath this prerogatiue ouer all men that dwell in his forest that at such time as he is disposed to chase within his forest euery man must be readie to hold a Grey-hound for the taking of wilde beastes in such places as they shall be appoynted Tristis or else the defaulters to be amerced And he that hath the benefit or discharge of this worde Tristis is not bounde by the assises of the forest to giue any such attendance ibibem By reason of Charter the Priour of Lancaster had the tenth of all the Venison Faux claim Lancaster f. 3 fol. 64. Pickering f. 15 viz. In carne tantum sed non in corio And because he made a false claime and saide that he ought to haue the tenth of all the Venison within the forest of Lancaster as well in carne as in corio therefore the Priour was in misericordia de decima venationis sue in corio non percipiendo c. The fence Moneth Fense moneth Pickering f. 20 Thus ye set that for the offence of a false claime the punishment is to make fine and not to sease the same The fence Moneth is alwaies xv daies before Midsomer xv daies after Midsomer Quod nota euerie common Moneth is but xxviii daies but the fence Moneth is xxxi Fine Pickering f 10 15. Iohannes de Melsa In Clameo Abbatis de Myriuall f. 69 Nota that such as ought to make claime c. by the assises of the Forest they ought to put in theire claime the first day of the Iustice seate or else at any day after their claime shall not be receiued without fine And when the claime is once put in if the claime be in any point faulty if they will amend their claime they must make fine quod nota ibidem
a thing that is forfeeted vnto the King and therefore the same is inquitable as a speciall thing giuen in charge at the Iustice seate of the Forest as you may sée in the xv Article of the Charge hereafter And the very like is of a Free Chase if the same be inclosed which ought to lye open And it is further to be noted also that the owner of such a Parke cannot by the Lawe punish offenders or hunters for hunting in the same Parke if it do lye open as Maister Hesket affirmeth in his reading of the Lawes of the Forest fo 3. Also there are no such officers in a Parke as there are in a Forest for in a Parke there are no officers at all but only a Kéeper or Kéepers and the Maister of the game And this you may sée how a Parke doth differ in nature from a Frée Chase a Forest or a Waren what difference there is betweene any of them The wordes of the Statute are further videantur per bonos et legales homines c. NOwe it is to be séene how the Forest shal be vewed and by whome the same shall be done And for that the King shall cause a writ of ad quod damnum to be made How the Forest shall be viewed The Shirife or Exchetor shall take an inquest to inquire what Woods the King hath aForested that were not the Kings owne demeane woodes which shall be directed to the Shirife or to the Exchetor of the Shyre or else a commission which shal be directed to certaine persons which the King shall appoynt for that purpose commaunding the same commissinors thereby that they shall take an inquest and by their othes diligently to inquire if King Henry the Second graund father to King Edward the First haue aforested or made a Forest of any Woodes of any other mans then of his owne demeane Woods Then the inquest vpon their othes shall present what landes they were that so were afforested if any such were and what damages the parties haue sustained by the making of such landes Forestes then the commissioners shal returne such presentmentes into the Chauncery to the end that it may appeare by matter of recorde what lands were aforested by him The King doth not take any thing but by matter of recorde nor departe from any thing but by matter of Recorde so that the same lands or Woods as they were aforested at the First by matter of record they may likewise be disaforested againe by matter of recorde There is a most excelent Priecident concerning the Puralies of Windsor Forest which were vewed returned into the Chauncery and afterwardes disaforested and so became Purlâ—ew which I do omit here to set downe because the same is so long that a Quier of Paper will scant containe it but I haue placed the same in the end of this booke The words are further Et si boscum aliquem alium quam suum dominicum afforestauit ad damnum illius cuius boscus ille fuerit statim deaforestentur IT appeareth by the recitall of the Statute in these wordes Et si boscum aliquem alium c. that all such Woodes as were afforested by King Henry the Second graund-father to King Edward the First which were not the Kings demesne Woods to the dammage or hinderance of them whose woodes they were that then the same Woods so afforested Lands vewed should be viewed as afore saide and after such vewe and the certaintie thereof knowen then they should be disaforested Ad quod damnum Nowe it is to be séene what is the meaning of these words ad damnuÌ„ illius euius boscus c. And for that matter it is to be vnderstood that if the King do afforest any of the Woods or landes of any of his Subiects the same is both a great dammage and hinderance to him whose Woodes or lands the same is that so is afforested The hinderance of him whose land is aforested and in what for that the owner of the same is now thereby restrayned of his former libertie and tied to the bondage of the assises of the Forest so that he cannot hunt nor chase the wilde beastes that do Féede in his owne grounde but suffer them to Féede in quiet by reason that the same place is now within the Kings Forest and so become a Preuiledge for them by the law wheras before that the same place was made a Forest if any wild beastes had then fedd vpon the same ground the owner of the grounde might haue hunted and killed them to his own profit and commoditie Also before that the same was made a Forest the owner of such grounde might haue felled his Woodes at his owne pleasure without any licence or vew of the Foresters and so haue conuerted the same to his best profit Also before the afforesting of the same the owner thereof might haue conuerted his Pasture or Medowes into tillage to his best commoditie He that doth dwell within the Forest may agist his owne Woods by the Statute of Carta de Foresta Arricul 9 And also to haue taken the Agistment and Pawnage of his Woodes which they that had lands within the Forest could not do before the making of the Statute of Carta de Foresta Articulo 9. For that branche of the saide Statute doth giue that libertie to the inhabitance of the Forest which they had not before that is to saie that euery man may agiste his owne Woodes and take the Pawnage of them to their owne vse which before the making of the said Statute the Foresters did claime to haue the same to the vse of the King only All which things considered you may sée that for any man to haue his Woods or lands afforested is a very great damage and hinderance vnto him The bondage of the Forest for the inhabitants in Forestes do suffer a very great bondage more then those do which do dwell without the boundes of the Forest The wordes are further Statim deaforestentur SO that all the Woodes and landes which were afforested by King Henry the Second which was graund-father to King Edward the first after such vew inquisition made as is aforesaid by the commissioners or vewers and the same vewe or inquisition by them returned into the Chauncery Lands disaforested so that the king may be therof acertained of the trueth of the same by matter of record as is aforesaid then after such a certificat thereof made by such officers inquestes perambulations of the very boundes of those lands so afforested the same is dissaforested no Forest any more and then those lands are euer after called Purlewes Lands disaforested Purlews euer-after because that the same was once Forest and afterwardes disaforested so that now the same is becom frée againe as it was at the first for euery man that is a Puelewman to hunte in his owne Purlew and he is accompted a Purlew
man that may dispend fortie shillings by the yeare of frée hold and therefore the same doth take the name of Parlew that is to saie Purlui Word Purlui that is for him and no other person but he that may dispend fortie shillings by the yeare at the least of free holde The King may disaforest any parte of the Forest by his letters Patens Also the King may dissaforest any landes that are aforested by his letters patents as he did to the Abbot of Stratforde for Wale-Wood in Essex within the Forest of Waltham which although the same be nowe at this time Forest yet the same was once no Forest And here note that all such land as is so dissaforested after the dissaforesting of the same then that land or Wood is Purlew Walewood id est Purlui for the same is a Forest still as vnto him that is no Purlew man and the same is Frée Purlui only for him that is a Purlew man What is ment by Purlui Purlieu Puraler there is Purlui Purlieu and Puraler Purlui for him that is to saie only for him to hunt that may dispend fortie shillings by the yeare Purlieu that is to saie The wilde beastes of the Purliew must haue Free returning to the Forest if they can escape for the place so that he must be a Purlew man in the place where he doth hunte or else he is no Purlew man there Puraler that is to say to goe and come so that if a man be a sufficient Purlewman in the same place wher he doth hunt yet he may not forestall or foreset the Deare but he must hunt the wilde beastes so that if they haue a mind of returning to the Forest again they may as the worde is Puraler A case goe home to the Forest againe if they can escape and ouer runne the Grey-houndes being put on after the game The grauntee of the King may haue a Forest with Foresters c. And if the King which hath a Forest with all the incidentes do graunt the same to another man then the grauntée shall haue the same Forest with all the officers and incidentes belōging to the same which connot be seuered as kéepers Foresters Agistors and Woodmen as it appeareth by Maister Treherne in his reading of the Lawes of the Forest fo 4. But quere of Verderors and Regardors A Iustice of the Forest must be made by the King vnder the great Seale of England for they are chosen by the Kings writ But such a grauntée shall not haue Iustices in his Forest saieth Master Treherne for no man can haue a Iustice in his Forest but the King only for such a Iustice must be made by the Kings commission vnder the great Seale of England Before the making of the Statute of Carta de Foresta there was no Lawe certaine for offences committed in Forests for at the beginning the same was at the pleasure and arbitrement of the King to punish the offenders in Forestes The beginning of the Forest Lawes vntill that King Canutus and others did make certaine Canons and Constitutions for the maintenance of Vert and Venison which afterwardes by continuance of time such Constitutions were taken for a lawe and such lawes were not certaine neither The beginning of Forest Lawes before the making of this Statute lawe of Carta de Foresta But the Lawes of the Forest were alwayes differing from the Lawes of this Realme as it dothe appeare in the booke of the Exchequere aforesaid where it is written as followeth Sane Forestarum Lex ratio Libro Rubro Scaccarii pena quoque vel absolutio delinquentium siue pecuniaria fuerit siue corporalis scorsum ab alijs regni iudicijs secernuntur Here you may note that offenders in Forests before the Statute of Carta de Foresta wer punishable at the wil pleasure of the King onely Et solius regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati subiecitur legibus quidem proprijs subsistit quas non Iure communi sed voluntaria principum Institutione subnixas esse debent adeo vt quod per legem eius factum fuerit non Iustum absolute sed Iustum secundum legem Forestae dicatur quia in Forestis penetralia regum sunt eorum maxime deliciae ad has quidem venandi causa curis quandoque depositis accedunt vt modica quiete recreentur illic Serijs simul multis Curiae tumultibus omissis in naturalis libertatis gratiam paulisper respirant vnde sit vt delinquentes in ea soli regie subiaciant animaduersioni which in English is this Truely saith the said Booke the Lawes of the Forest the reason and punishment the Pardon or absolution of the offenders whether the same be pecuniarie or corporall it shal be differing from other Iudgements of the Lawes of the Realme By this it appeareth that the Lord chief Iustice of the Forest hath alwaies bin one of the noble men of this Realme and shal be subiect vnto the Iudgement of the King only to determine at his will and pleasure or of some of dis Nobles thereunto especially appointed for that purpose which foresaid Lawe reason punishment and pardon shall not be tyed to the order of the Common Lawe of this Realme but vnto the voluntarie appointment of the Prince so that the same which by his Lawe in that behalfe shal be appointed or determined shal not be accounted or called absolute Iustice or Lawe but Iustice or Lawe according to the Lawes of the Forestes Because that in the Forestes there are the secrete pleasures and Princely delights of the Kings For Kings and Princes do resort to the Forest for their pleasure of hunting hauing for that time layde asyde all cares to the ende that they might there be refreshed with some quiet being wearyed with the continuall busines of the Court they might as it were breath a whyle for the refreshing of their free libertie And thereupon it commeth to passe that such offenders in Forestes for their offences are subiect vnto the onely Iudgement and determination of the King And so before the making of the Statute of Carta de Foresta and alwayes since vnto this daye the Lawe of the Forest did differ from the Common Lawes of the Realme And by this Statute the Lawes of the Forest which were not certaine before are nowe by the same made certaine in most things And whereas this Statute was defectiue the same hath beene since supplyed by other necessarie Statutes as you may see here before And whereas the wordes before rehearsed are Et solius Regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati It doeth appeare that the Office of the Lorde chiefe Iustice of the Forest is a place both of great honour and of high authoritie and that the same place is to be executed by some great Peere of the Realme that is alwayes one of
worne out of vse in most forestes For it seemeth that in the time of King H. 2. there were no Regarders left in any Forest and then the Foresters Woodmen did take no good regard to the Forestes and most especially the woodmen whereby the Kings woods were greatly destroyed which was an especial cause of the decay of Venison And because that the said King H. 2. would haue his Forestes the better kept and looked vnto he did ordaine that certaine Regarders should be appointed in euery Forest throughout his whole Realme for to suruey the Forests as it doth appeare by the Assises of the Forest made in his time where he doth say as followeth Item Dominus Rex precipit quod in quolibet Comitatu in quo habet venationem ponantur duodecim milites ad custodiendum Venationem suam viridem in Foresta Assisa Forestae H. 2. Et quatuor milites ponantur ad agistanduÌ„ boscos suos And these Knightes for the time that they are officers of the Forest they are called Regardors taking the name of Regardors of the effect of their office because they do as it were agere curam custodiendi viridis veneris that is that they must alwaies regarde the safe keeping preseruing of the Kings Vert and Venison in his Forest And so it seemeth that at that time no man was called to the place of a Regarder but hee that was a Knight But now at this day other good and lawfull men which are not Knights are chosen to be Regarders of the Kings Forest which officer of a Regarder is an officer of the Forest appointed by the King to see the preseruation of Vert and Venison in the Kings Forest and also to suruey all other officers of the Forest And also it appeareth by the Assises of the Forest domini Wilhelmi Veysey made in the fifteenth yeare of the raigne of King Edward the first Assisa domini Wilhelmi Veysey anno 15. E. 1. that it was established there as a lawe that there should not be any more than 12. Regarders in a Forest where he doth say Quia Euedenter constat Iusticiario Itenere suo quod tam magna oneratio regardatorum est in Foresta praedicta quod non est sustinendum propter magnum domini Regis dampnum Prouisum est quod de cetero in Foresta non sint nisi tantum dict' duodecim regardatores Et quod illi Regardatores faciant regardum per totam Forestam quoties Assisa Forestae voluerit c. And it is to be noted that in euery Forest of the Kings or in the greatest part of them there are certaine woods that are the Kings owne demeane woods belonging to the Crowne and the King hath the regarde of all the woods and waste grounds and other lands which are afforested and within the boundes and limittes of the Forest aswell those that are not the Kings owne woods as those that are the Kings owne woods And somtimes it falleth out that ther are some woods that be within the bounds and limits of the Forest and yet they are no parte of the Forest as in times past Wallwood in Essex was for the same was within the Forest of Waltham and yet not any part of the Forest nor within the regard of the Forest The differeÌ„ce Iâ—â—ra rewarduÌ„ Extra rewardum But all such woods lands as are parcell of the Forest the same is within the regard And all such lands as are within the bounds of the Forest and yet not any parte of the Forest the same is out of the regarde of the Forest and this is the meaning of the Assises of the Forest Articulo 3. and 4 where the words are Si quis inuentus fuerit extra dominicum boscum infra rewardum c. and so note the difference infra rewardum Forestae and extra rewardum Forestae And it is also to be noted that in the making of the regard of the Forest there are diuers officers besides the Regarders to be imployed as the Foresters woodwards other persons which be owners of the woods and lands within the same regard of the Forest And if any man haue a regard within the Kings Forest belonging to him of inheritance and hath there of certaine Foresters of fee belonging to the same then in that case the Foresters and Regarders of any other regard cannot enter in there to do any thing because that the same is out of their charge and within the charge of others But yet neuerthelesse in that case the chiefe Wâ—rden of the Forest together with the Foresters and Regarders may go thether to suruey the same Assisa Forestae H. 2. and to make the regard of the same as it doth appeare by the Assises of the Forest where he doth say Quod omnes illi qui habent boscos infra metas Forestae ponant idoneos Forestarios in boscis eorum de quibus c. Whereby it appeareth that the Foresters of the King may lawfully suruey all other Foresters And so it is of the Regarders of the King for they shall suruey all other Regarders being within the boundes and limits of the Kings Forest although that there be some particulars or officers for that place vide Treherne in his reading fo 17 And note that no man may haue Regarders for any Forest but the King only except it be by the especiall graunt of the King Neither may any man take vpon him the office of a Regarder of the Kings forest but he that hath lawfull title to the same Now it is necessarie to see what is the office and duetie of a Regarder The office of a Regarder and how he ought to behaue himselfe in the execution of his office and therefore it is to be noted that the wordes of the Statute are further Eant per Forestam ad faciendum regardum c. And also it appeareth by the assises of the Forest that the regard of the Forest ought to be made by the Regarders Foresters and Woodwards where he doth saie Milites Assisa Forestae H. 2. Forestarij et woodwardi debent intente inquirere in Itinere suo quis habuerit a liquod ingenium ad malefaciendum domino regi in feris suis And such Knightes or Regarders were ordained at the first to controll the other officers of the Forest as is aforesaide Also the Regardors of the Forest shall sée and inquire if any Surcharge of the Forest be made by the Foresters of the Forest and they shall assigne and appoynt so many foresters in the Forest as they shall thinke méete and conuenient to kéepe the Forest Also the Regarders must goe thorow the whole Forest euery third yeare to make their Regard and to sée and inquire of all the offences of the Forest in Vert or Venison of all concealmentes of such offences by any officer of the Forest which Regard or going through the Forest in auncient time was called
haue his fauour to giue them Hay or Oates or any other Corne or Lambs or Pigges It appeareth by the worde de cetero that before the making of this Statute these extortions were vsed or doe make any manner of collection for any Mony or any other things This is extortion and is now prohibited by the Statute to be vsed any more hereafter For the wordes are de cetero that is to saie from hencefoorth that is from the making of this Statut such things shal not be vsed And if any officer of the Forest do vse any such Scottall or gathering now at this daie the same is extortion by the lawe and the offender therein is to be punished for the same as an extortioner in this case And then it followeth with a further addition vnto it Per visum et sacramentum duodecim regardatorum quando facient regardum so that although the making of Scottales and gathering of Hey or Oates or any other Corne or Lambs or Piggs or making of any manner of collection by any Forester or officer of the Forest is vnlawful in some cases as where any such thing is newly exacted vpon the people of the Forest without any good tytle or right to the same yet in othersome cases al those things that are here prohibited and forbidden by this Statute may be lawfull so that the same vsage had his begynning by good and lawfull tytle which may be in three sortes which are as followeth 1 By Tenure 2 By Graunt 3 By Prescription 1 The first is by Tenure as where a man doth hold certaine lande of the Kings within the Forest By Tenure to paye vnto any officer of the Forest euery yeare at his Scottall xii d. or v. s. or one Sheepe or Lambe this is not extortion nor within the letter of this Statute for this is not done Colori officij that is by color of his office onely without any other right or tyâ—le to the same but this is a thing done virtute officij And in like maner it is if a man do hold land of another man paying for the same a certaine rent and also to paye yearely to a Forester or other officer of the Forest certayn Oates or Corne or such like this is not extortion nor within the letter of this Statute So it is if a man doe giue land by his deed inrolled vnto another in tayle to finde or to giue vnto the Foresters of the Forest a certaine collection euery yeare In this case if the donee will not paye nor delyuer the sayde collection accordingly the foresters or other officers of the Forest haue not any remeadie by the law to compell the said donee to paie the saide collection But otherwise it is of the King himselfe for he may by endictment in respect of his right of the Forest haue remedie And in this case the donor himselfe may compel him by distresse to pay the saide collection vnto the saide officers of the Forest And notwithstanding that the donee do paye the same collection vnto the donor and not vnto the said officers of the Forest according to the Tenure yet that donee shall not be discharged by that payment but that the donor may in this case distrayne the donee a new for his seruice not done 2. By graunt 2 The second is by graunt as if any man dwelling within the forest wil grant vnto the King a certain collection or a certain profit for his forester or other officer of the forest to be receiued yearly by the said officers In this case the said Foresters or other officers of the forest may lawfully gather that collectioÌ„ or other profit notwithstanding the prohibition of the said statut The same law is if a man doe graunt to such an officer of the Forest any such collection profit or other thing in Sustentationem officij that is a good graunt and by that graunt the said officers of the Forest which haue such a graunt may lawfully take and gather such a collection notwithstanding the prohibition by that letter of the Statute and vpon the first case the King may force him to come and to paye the said Foresters the saide collection or other profit by an assise or information for the King before the Iustices of the Forest by a datum est curiae intelligi that the grauntee will not paye such a collection according to his graunt may compell him to paye the same and also in the said Second case he shal be forced to performe his graunt by an Action of couenant 3. By prescription 3 The third sorte or manner of lawfull gathering of such thinges is by prescription and that is onely where there hath beene a forest and officers there the tyme whereof the memory of man is not able to remember the contrary for in that case to alledge that the Forest was made after the lymitation of the writ of right doth auoyd the custome and prescription cleane A Forester in fee may prescribe in him his ancesters to haue three halfe pence euery daie throughout the whole yeare pro victu suo he may lawfully gather the same notwithstanding the prohibition of the said Statute Hesket f. 30. E. And the lyke lawe is in all cases of prescription where the same prescription is lawfull So a Forester of fee may prescribe to haue all the wind-fal-wood or Mort boys within the forest or thorowout all his bayliwike and in like manner all the browswood that is felled for bruse in Winter for the Deare Also a Forester may prescribe to haue the vmbles also one shoulder or both the shoulders of euery Deare that is killed within his Bailiwike and likewise the skinne and this is a good prescription in lawe And whereas the words of the Statute are Nisi per visum Sacramentum duodecem regardatorum It is to be vnderstood that these words do permit and suffer some sort of scottals and collections made by the Foresters and other officers of the Forest to remaine and continue still at this daye So that the same be such Scottals or collections as had a lawfull beginning at the first as hath beene shewed before which of necessitie must be in one of those three degrees aforesaid And also that the foresaid Scottals or collections must be found presented by the view of the Regarders vpon their oathes when they do make their regard of the Forest that the said Scottals or other such like collections had a lawful beginning at the first as by Tenure by Graunt or by auncient Prescription so that thereby it may appeare by their view and oathes that the said Scottals or collections which the Foresters and other officers of the Forest do so vse to make is a thing that is lawfully done by right and good title to the same and not wrongfully exacted vpon the people by colour of their office onely The letter is further Tot Forestarij ponantur ad
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
for vs and our heires that of trespasses hereafter to be done in our Forestes of gréene hugh and of hunting the Foresters within whose Bailiwikes such trespasses shall happen to be committed shall present the same at the next Swannimote before the Foresters verderors regardors agistors and other ministers of the same forest and vpon such presentments there before the Foresters verderors and all other ministers aforesaid by the othe aswell of knights as of other honest and lawfull men of the néerest partes where the trespas so presented shal be done not suspected by whome the truth of the matter may be fully inquired of and the truth so inquired of the presentments shal be solempnely affirmed and sealed with their seales by the common agréement and assent of all the ministers aforesaide and if the inditement be made otherwise it shall be vtterly voide And if it happen any of the foresaid Foresters regardors or other ministers of the same forests to die or by sicknes or by any other meanes to be hindered by reason whereof he cannot be present to such swanimotes immediatly the Iustice of the Forest or his lieutenant shall put another in his place so that the enditement may be made by all Verderors by election They are called veredictors because they are Iudges do giue iudgement of Forest matters in forme aforesaid and that the officers which are to be placed be placed as hitherto it hath béene accustomed to be done Sauing the Verderors which shal be appointed by election and by our writ And we wil that none of the foresaid ministers hereafter be put in any assises Iuries or inquestes to be taken without the Forest And if any surcharge be found of the Foresters or other which haue to do as ministers of the Forest such surchargers shal be amoued and shal be imprisoned according to the discretion of the Iustice of the Forest or his lieutenant And they also by whome they were placed there shal be punished likewise at our pleasure And at euery Swanimote it shal be inquired of the surcharge of the Foresters and other ministers of the forest and of their oppressions brought vpon our people and they shall make thereof amendes and be punished as is aboue express◠And as concerning those persons which since the time that 〈◊〉 Forest was disaforested haue committed offences in Verte and Venison within the forest to disaforest the same and that sentence of Excommunication was published against the same offendors although the same by our good will should not haue procéeded which sentence the Pope himselfe afterwardes reuoked and which graunts and disaforesting for certeine causes we do reuoke and make voyde For we will that those offendors be pardoned Except those offences which were committed in that part which doth remaine forest still so that the hedges and dyches that were made in the meane time shal be throwen downe remoued and vtterly auoyded Sauing vnto vs our rents which we will haue to remaine according to the assises of the Forest The wood which is cut felled shal be remoued and the wood standing shal remaine in the forest and if by chance any such wood yet standing to be solde it shall remaine in the forest and the seller shall satisfie the buyer according to the quantitie of the portion of the wood standing in the forest and so of wood solde in the meane time and euen as he shall take of the same buyer We will also that the Iustice of our Forest or his lieutenant in the presence of our Treasorer and by his assent haue power to take fines and redemptions of them which are indicted of trespasses committed in the forest before this time not inquired of in the Iustices circuit We will more ouer that they which haue had cōmon of pasture in the forest before perambulation made and they which afterwards were denied in the forest and they which haue bin letten of the said cōmon by the perambulation aforesaid shall haue their cōmon of pasture from henceforth in the forest as largely and fréely as they were wont to haue before the perambulation aforesaid sauing our rētes in forme aforesaid c. Teste c. Westminster xxviii day of May. An. 34. E. 1. 32 That the great Charter of the liberties and the charter of the forest be obserued and kept in euerie article And that the olde perambulations of the forest in time of king Edward graundfather to the king that nowe is be from henceforth holden inlike forme as it was then riden and bounden And thereupon a charter to be made to euerie shire where it was ridden and bounden And in such places where it was not bonden the king will that it shall be bonden by goodmen and lawful and that a Charter be thereupon made as is aforesaid An. 1. E. 3. cap. 1. Stat. 2. 24 Wheras diuers people be disherited raunsomed and vndon by the chief kéepers of the forest on this side Trent beyond and by other ministers against the forme of the statute of the great Charter of the forest and against the declaration made by king Edward sonne of king H. in forme following that is to say We will and graunt for vs and our heirs that for any trespas done in the forest of Vert and Venison That the foresters in whose bailiwike such trespas shal be committed shall present the same trespasses at the next swanimote before the foresters verderors regardors agistors and other ministers of the same forest And that such presentmēt be made before the said foresters verderors regardors agistors and other ministers aforesaid aswell by the othes of knights as by other discréete and lawfull men and not suspicious of the parties ioyning néere where such offences shal be presented and where the truth may best and most cléerely be knowen And the truth perfectly knowen then such presentments by the common assent and consent of al the said ministers shal be solempnely written and with their seales ensealed And if any indictment be in any other manner made the same shall be void And therefore because the chiefe wardens of the forest haue not obserued the same hitherto It is agréed and ordained that from hence forth no man shal be taken nor imprisoned for Vert nor Venison vnles he be taken with the manner or els indicted after the forme before specified Taken with the maner is commonly said to be in foure sortes vz Staple stand Dogg draw Backbeate and Bloudie hand For Venison and for Vert in two sorts vz cutting of it and carrying of it away And then the chiefe Warden of the forest shall let him to mainprise til the Eire of the forest without any thing taking for his deliuerance And if the said Warden wil not so do he shal haue a writ out of the Chaūcery which hath bin in old time ordained for such persons indicted to be at mainprise till the eire And if such Warden after he hath receiued the writ do not