the wilde beasts of the King for their pasture And if any person did the contrarie then they were gréeuously punished And also if any had Woods within the Forest to be agisted he might not driue his Hoggs through the demesne Woods of the King to his owne Woods without licence of the officers of the Forest Or if the Hoggs agisted in those Woods did chaunce to scape by night out of the Woods where they were agisted into the Kinges Woods then the owner of those Hoggs was gréeuously punished for that matter and also the Hoggs by the law were forefeited by the presentment of the officers of the Forest So that by such meanes a man that then had Woods or lands within the Forest should haue great dammage preiudice losse of the profit of his lands or woods and the agistment there fore the greatest parte of the yeare and for the remedie of these matters that Charter of the liberties of the forest was made which saide Charter of the liberties of the Forest doth now giue vnto euery such man that hath Woods within the Forest a verie great libertie which is that he may agist his owne Woods or lands which he hath within the Forest at his owne wil and pleasure at any time of the yeare And also that he may take the pawnage of them him selfe at his owne will and pleasure And also that he may driue his Hoggs or Swine through the Demeasne Woods of the King without any vexation or troble to agist them in his owne Woods or else where there And though that the Hoggs of any other person doe remayne all one night dammage fesant within the Kings Forest yet notwithstanding he whose Hoggs they were shall not be impeached or lose any thing for that offence But for as much as this letter of the Statute of Carta de Foresta was so generall a libertie giuen vnto all men therefore the Assises and customes of the Forest made in Anno 6. Edwardi 1. Caput 13. hath made one especiall lymitation and order concerning Swine or Hoggs which is that although they are not beasts comminable within the Forest nor to be kept there all the whole yeare Pag 4 but onely during the tyme of Pawnage yet a man may agist his Hoggs yearely within the Forest in the tyme of Pawnage as it doth appeare in the words of the same Statut the words being as followeth Si quis habuerit boscum iuxta dominicum boscum domini Regis Assisa Forestae cap 13 licitum est ei postquam dominice haie agitate sunt habere in bosco suo tempore paunagij tot porcos quot boscus per visum forestariorum viridariorum regardatorum agistatorum et aliorum proborum hominum possit pati et hoc fiat c. And so it doth appeare that the agisting of the Hoggs of any man at this daie within his owne demesne Woods within the Forest cannot lawfully be done vntil the demeasne hedge-rowes and hedges of the King be agisted and then he shall haue the agistment for Hoggs during the tyme of the Pawnage yearely What is Agistment by the view of the officers of the Forest and by their discresion assigned as the Woods may sustaine But now here it is verie necessarie to shew what thing agistment is what thing Pawnage is And for that it is to be vnderstood that agistment is most properly the common of Harbage What is Pawnage of any kind of grounde or land or Woods or the Mony due for the same And Pawnag is most proper the mast of the Woods or land or hedg-rowes or the Mony that is due to the owner of the same for it Maister Hesket in his reading of the Charter of the Forest sayth that the Pawnage is not the pasture mast for the Hoggs within the Forest but sayth he Master Hesket fo 48. it is the dutie or Monie that is to be payed to the owner of the ground for the pasture feeding and Mast of Hoggs And he saith further that the same hath beene so adiudged in the tyme of Edward the first but he doth not shew in what yeare but he setteth downe the case in these words Trespas fuit port per vn home pur entrer in son parke oue ses aūs son pawnage la depasta Et le briefe fuit abate per agard del Court Car le briefe doit estre que il oue ses auers pessonem suam la depasta et nemi vt supra Car le pawnage est solement les deniers payes pur cest pession The Letter is vnusquisque liber homo And if a man doe hold of me in villanage certaine Wood with in the Forest yet notwithstanding he may agist his owne wood for he is free against all men but onely against me But the lawe is contrarie if a villaine of the Kings do hold Wood within the Forest for it is properly such a villaine that the Statute doth meane for such a villaine hath not any libertie by this letter of the Statute and in that case the King shall haue his agistment and not his villaine If I doe giue land or Wood lyinge within the Forest to another in tayle Frankemariage or for terme of lyfe the donée or grauntée shall haue agistment and pawnage there The same lawe is if I do let my land or Wood within the Forest to one for terme of life or for yeares or at wil such a lessee shall haue the agistment and pawnage there but the law is contrarie of tenaunt by sufferance Carta de Foresta cap. 10. The words of the Statute of Carta de Foresta caput 10. are Further as followeth Nullus de cetero amittat vitam vel membrum pro venatione nostra Sed si quis captus fuerit et conuictus de captione venationis nostre grauiter redimatur si hēat vnde redimi possit Si autem non habeat vnde redimi possit iaceat in prisona nostra per vnum annum et vnum diem et si post vnum annū vnum diem pleg inuenire possit exeat de prisona sin autem abiuret regnum Anglie c. AT the commmn Law before the making of this Charter if any man had killed the Kings Venison or his Deare in his Forest then such killing was felonie by the lawe and for that offence such an offender should by the lawe lose and forfeit aswell his life and member as all that he had at the will and pleasure of the King And in auncient time that was called plena vita hoc est plena forisfactura and then the same was taken as a forfeiture and offence as if a man had fought and broken the peace within the Kings house or his hostell in warre or before the Iustices of the King sitting in the time of peace in their Iudiciall seate which Iudiciall seate is by the lawe a place priuileged and a peaceable place as the Forest is for the preseruatiō
of the kings wilde beastes in which cases it was then felonie to kil them and the offender should lose his life by the lawe for such an offence or els if he did not lose his life for that offence then he was to make a grieuous raunsom for the same as it doth appeare in the auncient lawes of Saint Edward in his booke fo 69. And afterwards in the time of William the Conqueror Legibus Sancti Edwardi fo 69 in the ende of his decrees that he made and set downe for lawes he willeth that no man shall lose his life for any such offences but onely that such an offender shal be punished by the losse of some of his members which decree is there set downe in these wordes Interdicimus etiam ne quis occidatur vel suspendatur pro aliqua culpa Les decrees del William la Conqueror sed evelluntur oculi et abscindantur pedes vel testiculi vel manus ita quod truncus vnius remaneat in signum nequitii sui secundum quantitatem delicti debet pena maleficientis infligi And this law in some cases doth endure vntill this daie As at the Common Lawe if a man do make an affeaie within the Kings Pallace the offender shall lose in that case his right hand The Statut of An 33. H. 8 41. Assisarum and this was the Common lawe before the making of the Statute of An. 33. H. 8. as it doth appeare in 41. Assisarum where the case was that a man was endited and arraigned for that he did strike a Iuror in the Pallace at Westminster which had passed against him which saide stroke was giuen in the presence of the Iustices Striking in the Kings pallace or in the presence of the Iustices for the which he had his iudgement that he should remaine in prison in the Tower during his life and also that his right hand should be cut off and that the issues and profites of his lands should be forfeited vnto the King during his life but his heire should not be disinherited And the verie like case is adiudged in Anno 19. E. 3. and also in M. 22. of E. 3 Where an Esquire of good accompt which drewe his sworde to strike another person in the presence of the Iustices 19. E. 3. M. 22. E 3. of which offence he was afterwardes conuicted and had his iudgement for the same to haue his right hand cut off and he was also for the same offence committed to Newgate there to remaine as in the case before recited And therefore now this graunt and Charter of the Liberties hath prouided a remedie for this extremitie in these wordes Nullus amittat vitam vel membrum which is a verie great libertie vnto all the Kings Subiects And it is also a restraint and an abridgement of the Kings will and pleasure vpon which the punishment of such offenders did then onely depende which at that time was vncertaine where as nowe the same is a most certaine punishment appointed for those that do hunt the Kings wilde beastes for the words are Provenatione c. So that the same Charter is now a generall pardon to all men of life and member for all offences of hunting the Kings wilde beastes of Venery Pro venatione And because the letter is pro Venatione it is necessarie to consider what beastes are called beastes of Venerie or the Kings Venison and therfore it appeareth as it hath been shewed before that there are fiue wilde beastes that are accompted beasts of the Forest that is to saie the Hart the Hynde the Hare the Boare and the Wolfe And there are also fiue beastes remaining in the Forest that are accompted beastes of Chase that is to saie the v. beastes of the Forest The v. beastes of the Chase the Bucke the Doo the Fox the Martron and the Roo And there are also diuers other wilde beastes in the Forest that although they are not beastes of the Forest nor beasts of Chase yet they are accompted beastes of Venery and this Charter of Pardon of life and member doth extend to the hunting killing of any beastes of Venery according to the letter of the saide Charter which is pro Venatione which entendeth also to all manner of Hawking and destroying of Fowles of Warren and Fishing in anie viuarie within any Forest where such kinde of things are that are fere naturae The letter is further Sed si quis captus conuictus c. Which is as much in effect as if the wordes had beene That if the offender be taken and attainted of the Trespas or offence by the course of the Lawes of the Forest But if the defendant vpon an Inditement do confesse the offence or will saie nothing at all to it or will make default after his appearance if the same do passe the Swanimote in due forme of Lawe according to the Statute called Ordinatio Forestae Ordinatio Forestae An. 34. E. 1. An. 1. E. 3. ca. 8 and according to the Statute of Anno primo of Edwarde the thirde Cap. 8. then such an offender shal be saide to be conuicted And when any offender is thus conuicted he shall make his fine for the same offence For the letter is further Grauiter redimatur and that is as much to saie The offender so conuicted must be grieuously redeemed or make a grieuous Fine or raunsome for his offence The diuersitie betweene a Fyne and a Raunsome And it is said that there is a great diuersitie betweene a fine and a raunsome For a fine is arbitrable by the Iustices of the King and is to be assessed by them without the King But a raunsome is not to be assessed by the Iustices of the King onely but that the King shall first therein shewe his pleasure and will And therefore it doth seeme that in this case the recompence for such an offence is to be called a fine and not a raunsome because the Iustices of the Forest do assesse the same without making of the King priuie to it first as common experience doth dayly proue and auncient presidents of the Lawes of the Forest confirme the same And thus hauing passed ouer 10. articles of the Charter of the Forest I will here ende leaue the rest to others of better learning iudgement to handle And because it is verie necessarie to see and know the manner of the making of a Forest and of the dissaforesting of a Forest againe I will now here set downe the Charter of the Puraley to the end that it may thereby appeare in what manner a Forest is made And as a Forest is made in like manner the same is made a Puraley dissaforested againe as it shall appeare by this President hereafter following Charta de Foresta caput 1. Ad ordeigne que touts Forests que Henricus auus noster aforestauit videantur per bonos legales homines si
H. 8. fo 10. que proue qui si ceruus est extra forestam vagrans est loyal a chescū subiect a occider aprender ceo in what place of the forest the same Hart was killed for otherwise it doth not appeare that it was any offence by the Lawes of the forest 3 Thirdly it is to be noted that a Hart proclaimed which is called in Canutus Lawes fera Regalis a Roiall beast being a beast of the most estimation of any wilde beast in the forest yet if he be wandering out of the forest it is lawfull for any of the kings Subiects to kill him without any offence in the forest Lawes 4 Fourthly it is therefore especially to be noted that a forest must haue his limits and boundes within the which the wilde beastes of the forest are to haue a place of firme peace for them to abide in in the safe protection of the king frō the hurt of his subiects whereof the same doth receaue the name of Forest that is to saie a place for the wilde beastes to abide in for rest which by shortnes of speach is called Forest 5 Fiftly that such offences which were committed by any offenders within the forest are to be tryed before the Iustices of the forest only to be punished there by the forest Lawes for as much as there are Lawes appoynted for that purpose differing from all other Lawes 6 Sixtly that if any man be indicted or called in question for any such offences that are done or committed within any forest either in Vert or Venison in any other place then before the Iustices of the forest that then euery such offendor may plaed that matter to the iuridiction of the court where he shall so be called in question and shew vnto them that the offence for the which hee was called in question was done in such a forest and that the Iustices of the forest are to determine that matter only and that no other person haue power nor authoritie to determine that offence Ordinatio Forestae in which is in secund◠pars veterum Statutor fo 67 And further it is manifest that by the Statuit of Ordinatio Forestae it is ordained and appoynted that all offences that are done or committed within the forest either in Vert or Venison shal be presented at the next Swanimote and the statuit doth set down there in what order before whom it must be done that is to saie corā forestarijs viridarijs regardatoribus agistatoribus et alijs eorundem forestarum ministris c. et si in alio modo fiat Indict ' pro nullo penitus habeatur which doth not only shew that all offences committed and done within the forest either in Vert or venison are only to be presented before the officers of the forest but it doth perfectly sett downe the manner how the same shal be done if it be done in any other manner then there is set downe the same shal be voyd by which Statute it is to be gathered that all the procedings against offences committed in the forest in any other place then before the Iustices of the Forest shal be void and that none other haue power and authoritie to procede against offendors in the forest but the Iustices of the forest only Certaine cases and especiall notes meete to be learned of all men that will knowe the nature of wild beastes and who hath or ought to haue any interest or propertie in them All which are things very nesesarie for foresters and officers that doe belong to the forest to knowe ANno 43. Edwardi 3. fo 24. in an accion of trespasse it was holden that the writ shall not say damamsúam cepit 43. E. 3 fo 24. Br. Propertie 10. if he do not saie that it was taken in his park or warren or else say that he was damam domitam which doth proue that if the beast that was taken a way be not a tame beast the plaintife hath not any propertie in him when he is out of his ground for so long as he is in his parke or warren he hath then propertie in him ratione soli 22 〈…〉 Br. Propertie 19. And in Anno 22. Henrici 6. fol. 95. It is holden by Newton that in an accion of trespasse brought quare clausum suum fregit et damas cepit that there he may well saie damas suas and so you may sée that where wild beasts of nature be taken out of my soyl I haue propertie in them so long as they are in my soyle then I may saie Damas suas and when that they are out of my soyle I haue no propertie in them therefore he cannot saie Damas suas 7. H. 6. fo 38. Br. Propertie 20 And in 7. H. 6. fo 38. it is there holden that when sauage beasts of the kinges goe out of the forest the propertie is out of the king so you may sée that the king hath propertie in them when they are in the forest for it is said there that the land maketh the propertie of such wild beasts quod nota for if they be out of the forest of the king or out of the owners parke or warren then capienti conceditur And in 18. E. 4. 14. it is holden there that the deare in a parke which are wild of nature a gift of them is void 18. E. 4. fo 14 Br. Propertie 31 if he to whome the gift is made do not take kill them while they are in the parke for the owner hath propertie in them but ratione soli so that if they be out of the parke the owner of the parke hath no interest or propertie in them 43. E. 3. fo 24. Br. Propertie 37. And in Anno 43. E. 3. fo 24. it is holden that an accion of trespasse quare damam suam cepit doth not lie except the Déere were taken out of his soyl for otherwise he cannot saie damam suā because he hath no propertie nisi ratione soli but it is cōtrarie if it be damam suā domitā cepit for in tame déere the owner hath propertie quod nota diuersitatem for in Bées Foules or Fishes sauage Natura breuium fo 87. there is not any propertie nisi ratione soli Vide Natura breuium fo 87. de Esperuers Cunicles et Feris An. 12. H. 8. fo 10. Br. Propertie 45. And in An. 12. H. 8. fo 10 the case was as followeth a foster of the forest doth pursue followe a hunter that had chased a Hart out of the forest into his owne proper land and there killed him and the Foster of the Forest did pursue him and did take the Hart againe and the other that had killed the Harte brought an Accion of Trespasse de ceruo mortuo capto et asportato and he was barred of his accion for so long as a sauage beast Fishe or Foule is in my land I haue possession
ley destre que le prescription esteant proue voyer quel F. denia nient obstant le vnite de possession del Chase et maner de S. in la Roigne et nient obstant le graunt del Roygne mesme et sa confirmation del garren oue les generall parols de prohibition auaundits queux extend tantum a le Subiect Le libertie del Purlieu remeina vnextincted donques le tuer supra nient iustifiable per le statute de Malefactoribus in Parcis Warrennis c. Graunt dol herbage del parke Hillar 6. 7. E. 6. Dier fo 80. nota 59 An. 6. Ed. 6. fo 80. The case was as followeth Item le herbage Agistement et Panage de Stowe Parke est graunt et il surcharge le Parke oue ses auers Issint que les dames nont pasture Quere quel remedie pur le graunter pur ceo que il ne reserue ascun pasture pur le game Item le office del parkership del dit Parke fuit graunt oue vn fee de 3. li. de les rents Anno 6. E. 6. fo 80. nota 90 ibidem issues et profits del mannor de Stowe per les mines del receauer del dit mannor Quere si cest graunt doit charger le mannor c. et semble al seigniour Mountagewe maister Halles Iustice que cy Et postea concord ' et dominus Willowby dedit 600. li. pro omnibus dimissis concessis In Anno. 33. H. 8. Report per mon seigniour Dier It is there holden that if a man do hunt in Forest Parke or Chase 33. H. 8. Dier fo 50 〈◊〉 so that the same is felonie by the Statute yet the partie may make it trespas or felonie at his pleasure whether he will saith he and so these collections notes I haue gathered out of the Reportes of Sir Iames Dier knight late chiefe Iustice of the Court of Comon plees which notes if you list to search the booke for them you may see in the Margent of euery seuerall case the folio and note in the which the same matter is contained and because that they are necessarie matters for the knowledge of Forest Lawes I haue added them vnto this Treatise Concerning the cutting downe of Woods in the Forest M. 9. 10. Elizabeth in les Comentaries fo 332. b. per Wray chiefe Iustice ANno 9. 10. Elizabeth I do finde one verie especial case concerning the felling of woods within the Forest of Waltham and the case is as followeth in these words Wray dit que si Mannor que est deins vn Forest del Roy Come del Waltham Escheat al Roy et le Roy done ceo Mannor a vn auter in Fee il nad in le done del manner done a luy le libertie que il auoit en le maner touchant le Forest Car Ialemains il est deins le Forest et subiect al pasture de dames et feres del forest Note that a man can not fell his wood in his owne ground without licence et il ne poit scier son boyes la deins sans licence del Iustice del Forest Car ceo est chose collaterall al soyle Et issint en le done del soyle chose collateral al soyle come sont choses de Prerogatiue ou libertie ne passeront point By which case you may note that no man can haue any mannors or lands within the Forest but they must be subiect to the Lawes and bondage of the Forest that is that the King in respect of the wilde beastes that are there to be maintained for his princely pleasure and delight which cannot be there kept and preserued without Couert and secrete places for them to rest and abyde in hath such a prerogatiue ouer the woods of euery man within the same Forest that no man may fell or destroye his owne woods without licence of the Iustice of the Forest Consuetudines assisa foresta fo 29. and so it doth also appeare by the statute called Consuetudines assisa Foresta cap. 6. in these wordes Liberatio autem housebote haybote fiat pro vt boscus pati potest in statu quo est non ad exigentiam petentis nec potest aliquid dare nec vendere de bosco sine warranto domini Regis which in English is thus 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 or sell anything of the wood without the kings warrant by which lawe it doth appeare that a man may not take housebote nor haybote but by deliuerie of the Forester or warrant of the King And by the Statute of Anno primo of Edward the third ca. 2 It is plaine that no wan in the Forest may take or cut down any wood without the view of the Foresters Anno. 1 E. 3. cap. 2. Vide Pulron in his Abridgement in titulo Woods 23 or licence of the Iustice of the Forest although it be in his owne ground for the wordes are these Euery man that hath woods within Forests may take the saide wood without being attached by any officer of the Forest so that he do it by the viewe of the Foresters then Ergo without the view of the Foresters he cannot do it And so to conclude it seemeth that no man can cut downe any woods within the Forest without the view of the Foresters or licence of the Iustice of the Forest Et nota icy sont diuers prescriprions que soint bone enconter le Roy et quel prescriptions home poit bien prescriber in Forests del Roy incounter luy come icy ensuit HOme poit prescriber que il et touts ceux que estate il ad en le manner de D. ount ewe parke in mesme le maner come append c. et bon Itinere North. 3. Ed. 3. Itinere North. An. 3. E. 3. Br. Prescription 57 Br. Tit. Prescription 57 et issint note que home poit auer vn Parke per Prescription appendant al son manner Et in An. 5. E. 4. dictum fuit pro lege 5. E. 4. fo 118. Br. Prescriptiō 64 que home poit prescriber destre discharge de Corodie et idem in Leete ou dauer park mes Econtra in bonis cattallis felone ou incognitione placit ' Car le Roy mesme ne poit ceo auer nisi per matter de record et ideo comon person ne poit estre de meliour condicion Et in An. 11. H. 6. En vn accion de Trespas An. 11. H. 6. fo 2. Br. Prescription 95. le defendant prescribe in luy et son auncester et en eux que estate il ad in tiel meas terre in D. desse garden del bois de D. preignant Annuatim de chescun communer la xii d. et le pl. ple de graunt a
luy pur certein temps expire trauers le prescription bien vncore in transgr c. le prescription admit in luy son ancester et in ceux que estate et issint vn poit prescriber destre garden de boyes Et in An. 2. R. 2. An. 2. R. 2. fo 15. Br. Prescription 100. Le case fuit tiel que la il fuit adiudge bon custome de prescribe que ou Swan vient sur terre de ascun adioyne al Ewe de Tames et eira la ad 3. Signets que le owner del Swan auera 2. des meliours lowner del terre le 3. Car auterment le owner del terre poit eux enchase quod nota et hic in particul ' Com. Regula hic Nota quel priuilege le royall gamedel swan ad sur le terre de auter in cōsiderac del dit land bitd per la custome An. 13 H. 7. fo 16. Br. Prescripcion 107. Nota que hōc poit prescriber al hunt in terr de vn auter al rechaser les sauage beasts al Forest le roy Br. Prescriptiō 108 Car dictū fuit pro lege 2. Mariae que custome poit estre allege ou est nul person que poit prescriber Cōe inhabitants ne point prescriber mes ils poit alledge custōe que les inhabitāts point cominer in Dale que lun va ou le lieu et lauter ou le person quel person doit estre able de prescribe car aliter nil valet Et in An. 13. H. 7. in Transg de close debruse le def dit que le lieu ou c. gist adioynant al forest de Windsor dont il est Foster de fee et il et ses ancestors de tempore c. ount vse mesme le lieu ou c. Denchase les sauages del Forest oue ses chiens de eux rechaser al Forest que 4. dames viende extra Forestam la per que il eux rechase c. al Forest c. et bon prescripe per Mordant Frowike Vauisour Brian car ceo poit auer loyal comencemēt Et vide Brooke in tit Prescrtption 108. que home poit prescriber que il ses ancestors de tempore c. et ceux que estate il ad in le maner de C. ont Ewe Parke la come appendant de tempore c. et bou clame Et nota ceo come vn maxime in touts prescriptions clames auxibien al comen ley sicome in le Forest ley que vn poit bien prescriber tiels choses que point auer loyal comencemēt mes de tiels choses que ne point auer loyal commencement nul poit prescriber sans monstre del Charter inde ante temps de memorie ou de allowance de ceo in Eire puis temps de memorie An. 1. H. 7. fo 23. Br. Prescription 56 ET approuer ceo vide le case in An. 1. H. 7. fo 23. Que home ne poit prescriber in Sanctuarie nisi monstrat Chartam Regis ante temps memorie et allowance in Eire puis tēps de memorie mes home poit prescriber in waife straye et wrecke mes nemy in cattalla felone vtlagate ne dauer conusans des plees extra Curia Regis sans monstre Charter ante temps memorie allowance in Eire puis temps memorie An. 11. H. 4. fo 16. Br. Prescription 83 Et An. 11. H. 4. f. 16. fuit tenus in Transg que home poit prescribe que il et ceux que estate in le maner de B. ont ewe wreke de tempore c. in B. et bene sans allowance in Eire Tamen per Hanke il doit auer Charter inde vel allowance in Eire puis tēps de memorie et issint nota que nul claime de ascun Priuiledge ou libertie in ascun Forest que ne point auer loal comencement al primes sans Charter ou graunt del Roy doit ester allowe sans monster del charter ante temps de memorie et allowance puis temps de memorie Certaine principall notes taken out of the recordes of the plees of the Forest of Pickering and Lancaster as followeth FIrst it appeareth by the assises and plées of the forest If the Foresters verderors or other ministers of the Forest that haue the custodie of any of the rolles of the Forest they do nor bring in the same rolles at the Iustice seat of the Forest before the same Iustice then their lands shal be seised vntil that such officers shal bring in the rolles of the forest as they ought to do that if any Forester Verderor or any other minister of the forest that hath the custodie of any roles of the forest at such time as the Iustice of the forest or his debutie shall at a Iustice seate hold the plées of the forest that if any such forester verderor or other minister hauing the custodie of any such roles of the forest their heire executores or assignes or the Tenantes of their landes in what shire so euer the landes be do not bring in the roles presentmentes and inditements of the forest That then there shall goe foorth a precept to the shirife of the countie where such landes do lye commaunding him Quod expulsis vxore et liberis sesire faciat omnes terras et tenementa que fuerunt ipsius in Balliua sua Ita quod de valore earundem per annum respondeat prefat ' Iustic ' c. nisi tenentes terrae et tenemeut ' ipsius primis venerint ad rotulos suos et alia memoranda predicti dictum Iter tangentia reddendos And if it happen that such roles of the forest or memoranda be lost then by the assises of the forest the saide officers or theire heires executores and tenementes may require the Iustice of the forest that they may make their fine with the king for the same and then the forme of the same entrie is this Et admittuntur per finem dimi marce c. And if it should happen that such roles or inditments of the forest be burnt or destroyed by the Scotts or other enimies of the Realme The lawes assises of the Forest doth not admit any excuse yet is not this any excuse by the assises of the forest althoughe the same were indede a verie good excuse by the common lawes of this realme quia Iudicia forestae et assisarum eiusdem seorsum ab alijs regni Iudicijs secernuntur et solius regis arbitrio vel cuiusdā familiaris ad hoc specialiter deputati subijciuntur and therfore in this case the said officer shall make his fine for the same or else his land shal be seysed and the like lawe is of the agistors if they do faile of their rolles and accountes And as concerning the forme of Indictments taken in the Swanimotes An Indictmēt in the Swanimote is not trauersable I haue written sufficieintly hereafter
to be of good abearing to the Forest Item he that receiueth venison of such as haue trespassed in the Forest shal be as well punished as the principall And hee that stealeth Venison in the Forest and doth carry the same away vpon his horse backe the horse shal be forfeited per Assisam Forestae But if they take the horse of a stranger which is ignorant of the fact the horse shall not be forfeited Quia ignorantia facti excusat ignorantia Legis non excusat This hath beene taken for a verie good forme of Indictment Quod A. B. est communis malefactor ' Venationis vbique in foresta malefactoribus venationis consentiens It is a good Indictement Quod I.S. consuetus est ponere Acutas Catheas in berkis haiarum ad feras capiendas And vpon this Indictement was the offender outlawed Item an Abbot that lent a bowe arrowes to another man to th entent to kill the Kings Deere was fined and raunsomed A.B. venit in parco de S. ad malefaciendum de venatione And this was taken to be a good IndictmeÌ„t A keeper was indicted for receiuing a bribe to the intent to conceal an offender If a man find a trespasser in the Forest killing or breaking vp any Déere findeth him with the maner doth receiue a reward to kéepe his counsel he shal be imprisoned fined and raunsomed Pickering f. 5. Casu Bulmer Pickerrng 13. A Hare is Venison Assisa de foresta art 8. Two men were indicted for striking an Hare in her forme for taking of another within the Forest the one of them was coÌ„mitted to prison made fine raunsome for the same offence was bound to the good abearing of the forest And the other was outlawed wherby it is to be noted that Hares are Beasts of the forest Assisa de soresta art 8. By the Assise of the Forest Si Leporarij inuenti fuerint currentes ad aliquod nocumentum ferarum Forestarius debet retinere eos presentare in presentia viridariorum mittere eos domini Regi vel capitali Iusticiario forestae Itinere Pickering fo 6. 41 in le case de Iohannes Barlar Iohannes Augustye Item if a Forester do take an offender with the manner he may carrie him to prison The Abbot of Whitby did kill a Harte within the Ryuer of Deruent which was the metes of the Forrest of Pickering The Abbot and his companie were Indicted for the same Quia seperunt vnum Ceruum in aqua de Deruent quae est Marchia Forestae The like presidentis fo 6. W. Moyfon Ibidem fo 6. b. affearors venationem illam se cum asportauit And for this he made his fyne and raunsome and was bound to good a bearing It is to be noted that all the Freeholders within the Forest as well Spirituall as Temporall must in any wise appeare before the Iustice seat primo die Itineris And of euery towne the Reue and iiii men also with him which is called prepositus quatuor homines c. And if they make default they shal be amerced and their amercement shal be affeared by affearers there Item Pickering fo 6. b. It is directly against the Assise of the Forest that any Baker or Brewer should bake or brewe in the Forest Item that the principall Foster at the Iustice seat shall make an account of all the Deere that hath beene killed by warrant within the Forest Killing of deere by warrant And in the same place shall iudgement be giuen which be good warrants and which are not And for those that are not Assisa Lanc. fo 3. Pickering fo 18.7 the Forester shal be punished Item per Assisas Forestae it appeareth that Tythe was paide of Venison Likewise for trees the chiefe Forester must make an account of them by what warrant they were cut downe And for those which he cannot shewe good warrant he shal be amerced Assisa de Pickering fo 7. b. Item if the Foster do giue a noble man a course his dogges do kill this must be presented at the Iustice seat Assarts Assisa foresta de Pickaring fo 7 And as touching Assarts per Assisam Forestae He that is presented to haue Assarted or enclosed any lande within the Forest out of the Kings demeasnes in his owne fee or in the fee of any other man he shall make fine for this offence And if he will after compound with the Iustice he may continue the same paying to the King a yearely rent which must be entred of Recorde at the time of the arrenting thereof And as concerning Agistors of the Kings woods euery Agister within the Forest must bring before the Iustice seat a iust accompt what money he hath receiued for pawnage And the forme of the entrie thereof is thus Rogerus M. respondebat de iiii s. de pannagio porcorum de Estwood c. Item Assisa forestae Pickering fo 8. if any man take off the Skinne of any wilde Beast that dyeth of the Moreyne within the Forest if the same be presented he shall be punished for the same and if he come in he shall paye the price of the Skinne and be amerced for the offence Item it is finable to permitt a strangers beastes to pasture in the Forest and the forme of the entree of the Recorde is thus Item presentant quod A.B. agistat omnia aueria sua in mora de F. infra forestaÌ„ ad dampnum domini Regis et ad nocumentuÌ„ ferarum Et nesciunt quo warranto Agistments Assisa de Pickering fo 10. Alicia Gower Ideo preceptum est vicecomÌ„ quod venire faciat eum Et postea testatum est per ministros forestae quod ipse nihil habet infra forestam Ideo pro agistamento praedicto in misericordia remaneat agistamentum in manu domini Regis If any owner of any woods in the Forest do appoint a Woodward in his woods where there was neuer any before Ibidem it is finable per Asâ—isas forestae Item Ibidem he that without warrant of the King pulleth down his auncient house in the Forest and setteth it vp in another place without the Forest this is finable Item Ibidem if the Foresters do disturbe the cattell of any person or township to haue common within the Forest whereby they haue wrong or do take any money of them by extortion this is finable by the Iustice Seat And because such like matter may chaunce hereafter at a Iustice Seate I haue here put downe a presidene to be followed vz Item present ' Quod Prior Hospitalis Sancti Iohannis agistat aueria extraneorum apud F. infra limites Forestae quod est Agistments ad nocumentum ferarum ad damnum domini Regis Et nesciunt quo warranto A claime the first day Ideo preceptum est vicecomÌ„ quod venire faciat cum postea venit
praedictus prior dicit quod ipse virtute cartarum progenitorum Regis nunc factar ' predecessoribus suis debent agistare in loco praedicto Et petit quod possit admitti ad finem faciend'cum domino Rege pro clameo suo faciendo licet primo die Itineris non fecit Et admittitur ad finem xiij s. iiij d. per plegios A. B. Item if a man do make Charecoales of Brouse wood within the Forest Pickering f. 10 In casu Melsa it is finable And if he will make tytle so to do by prescription and do not make his claime thereunto the first daye of the Iustice seat he shall then answere for the value of the Coales to the king Item it belongeth to the Iustice seat to inquire who ought to repaire bridges decayed within the Forest and to punish the offendors Item a Parson of a Church was indicted for that his doggs were not expeditated or lawed The Priour of Bridlington Parson of Skalby pleaded Ibidem The Parson of Skalbies case fo 11. Magna Charta cap. 1. that by the great Charter of England he was not bound to expeditate his doggs For there was one Article therein Quod Ecclesia Anglicana sit libera habeat omnes libertates suas integras illesas c. And by this plee he was discharged of the Indictment Eborum fo 37. Item there may no man fish in any Ryuer that is aboundarie of a Forest vnlesse he haue warrant Item they are to be indicted that ouerchargeth the Common within the Forest Ibidem fo 11 The Prior of Bridlington fo 12. Item there may no subiect without warrant haue a Vaccarie within the Forest Item a ryding Foster was presented and fyned for that hee was negligent in his office and did oppresse dyuers people in taking of Otes and such like Item if any man do interupt the Verderor or Regarder of the Forest he shall make fyne Item it is also fynable to digg Turffes within the Forest And likewise to take Fesants Partridgess Foules of Warren or other Byrdes within the Forest Item if any man do offende in cutting downe of Vert and after dyeth before presentment made thereof yet in this case the King shal be aunswered for the Trespas by his heires or land tenants per Assisam Forestae Placita Forestae de Pickering coram Iusticiar ' itinerantibus Anno viij domini Regis Edwardi iij. BErnardus de Berghe viridar ' venit et reddidit rotulos suos tam de viride quam de venatione tangent ' istam Forestam c. Guillielmus Ward viridar ' non venit ad Rotulos suos reddideo preceptum est vicecom̄ seisire omnes terras tenementa eius c. Postea venit predictus Guilliellimus et petit admitti ad finem faciendum cum domino Rege pro defalta primi diei et admittitur ad finem dij Marcij et quoad Rotulos suos dicit quod furati fuerunt ab eo per quosdam malefactores et petit quod possit admitti ad sinem faciend'cum domino Rege in hac parte et admittitur pro fine 100. s. Presentatum est per Forestarios et conuictum per viridarios quod Nich ' Meuil alij c. venerunt in forestam istam c. cum arcubus sagittis et leporar ' et ibi ceperunt iij. Ceruos c. Item quod Guillielmus Fishborne est communis malefactor venationis domini vbique in Foresta ista et malefactoribus consentiens c. Compartum est per viridarium Rotulos istius Forestae quod Edmundus Hastings postquam transgressus est de venatione in Foresta ista dimissus fuit coram eis per manucaptor ' c. qui manu ceperunt hadendi eum hic c. primo die itineris qui modo eum non habent c. ideo c. Iohannes Kilmington nuper Custos istius forestae dicit quod praedictae ferae acciderunt in Morina quorum corpora putrida fuerunt suspense super quercos et de hoc vocat recordum Rotulorum Viridariorum c. Ministri Forestae dicunt quod consuetum est ante haec tempora praesentare quolibet tertio anno de canibus non expeditatis Item presentant quod Iohannes de Aslaby cepit infra dominicum quatuor quercus precij iiii d Et dimissus fuit per viridat ' manucaptor ' vsque ad istam Assisam Qui modo non venit c. Ideo ad iudicium de manucaptoribus Et praedictus Iohannes respondeat domino Rege de pretio praedicto Et pro Forisfactur ' eiusdem iiii.s. c. Et quod Humfridus Tober cepit xi quercos virides infra dominicum pretij cuiuslibet j.d. et carriauit illos cum vno plaustro vi Bobis quae appretionetur viz plaustrum ad vj.d. Et Boues ad xvj.s. pretij cuiuslibet ij.s. viij d. vnde tenent ' terrae tenementorum Richardi de S. viridar ' istius Forestae ad cuius manus pertin ' praedictum deuenit respondeant Et similiter pro Forisfactura eiusdem xj.s. Item presentant quod Prior de Maldon cepit ix plaustra spineti in A. infra dominicum pretij ix d Et per viridar ' dimissus fuit per manucaptor ' vsquam ad assisam istam c. Qui modo venit c. et super hoc conuictus oneratur erga dominū Regē de pretio praedicto Et pro forisfactur ' eiusdem ix.s. Item quod Rogerus Scalby cepit vnum viridē quercum c. pretij i.d. vnde tenent ' viridar ' respond'de pretio predicto Et pro forisfactur ' vi d ad quorum manus pretium forisfactur ' predict ' de venerunt Item present ' quod x. Stirkes qui fuerunt Iohannis Rouseby inuenti fuerunt in haia de D. per wardam factam non agistati Qui capti fuerunt tanquam forisfacti per assisam forestae et appretiantur ad xx s Et retraditi per viridarios eidem Iohanui per plegios c. ad dictos Stirkes habendos ad istam assisam Quimodo non venit Ideo ipse in misericordia Et nihil omninus idem Iohannes oneretur de pretio praedicto Ministri Forestae dicunt c. Quod a tempore quo non extat memoriam hominum c. presentatum fuit per Forestarios ad attachiamenta istius forestae de canibus praedictis Abbatis de Riuall c in maner ' suis praedictis non expeditatis fo 16. Ministri Forestae dicūt c. quod cum contigerit quod woodwardus praedict ' Prioris Sancti Iohannis Ierusalem non venet ad attachiament ' Forestae prout alij Woodwardi diuersorum dominorum in foresta veniant Tunc ipse Woodwardus semper consuetus est ibidem Amerciati Et amerciamentum inde ad opus domini Regis leuare sicut de alijs Woodwardis qui non veniunt fuerunt amerciati Ministri Forestae
renting of such purpresture must also be certified into the Exchequer and the Queenes Maiestie must be aunswered thereof vpon euery Shirifes acompt The words of the same Charter in the third Article are these Article 3. Omnes autem Bosci qui fuerunt afforestati per Regem Richardum aâ—unculum nostrum vsque iud primam coronationem nostram statim de afforestentur nist sic domiincus boscus noster THis Article is to that effect that the first Article in the saide Charter is For as King Henry the Second which was graund-father to King Edwarde the first had a forested a greate parte of the landes of his Subiects which did cause a great harteburning to growe against him For the remedying of which mischiefe the said first Article hath prouided that al such landes that hee had so afforested which were not the Kings owne demesne lands to the hurte of his Subiectes that they should be vewed by good and lawfull men and all such landes so afforested which were not the Kinges owne demesne landes should be foorth with dissaforested againe So likewise King Richard and King Iohn had in their time afforested the landes of their Subiectes in many places in this land to the great discontent of the whole Realme for the paâ—â—fâ—ing whereof this third Article or braunch hath likewise prouided this remedie that they foorth with should be disafforested againe as those should that King Henry the Second had afforested How landes are afforested and made to be a Forest and howe they are dissaforested and made no Forest againe What hurt the afforesting of the same land is to the owner thereof and how the same shal be vâ—wed before the same shal be so dissaforested and by whome it hath beene shewed already before And â—owe as concerning this worde Dominicus Boscus that is those woodes which were the kings auncient demesne woodes or landes although that the King by the Lawe might afforest the Lands of his Subiects in any place where he would within this Realme yet any King or Prince hath seldome or neuer afforested the landes of any of their Subiects in any place in this Realme but where as the same King or Prince also hath had landes or Woods of their owne And then when that such a King or Prince did so afforest their owne landes for the enlarging of their pleasure and delight in hunting they did afforest the landes of their Subiectes next adioyning to the Kings lands or woods so afforested all which landes that were so afforested by King Henry the Second King Richard his vncle or King Iohn his father they are here by these two braunches the 1. and the 3. to be dissaforested againe But such landes or woodes which were the Kings owne demeasne woodes or landes they are here by 2 braunches reserued to remaine and be Forestes still In these wordes nisi sit dominicus boscus noster and those lands that were not the Kings owne demeasne lands that were adioyning to the landes of the Kings that were so afforested after such dissafforesting of them then they are at the libertie of the owners thereof as they were before that the same was so afforested to cut downe their woods to make their lands earable that were Medows or pasture before or any other way to conuert the same to their best aduantage and profit And also the same owners may chase the wilde beastes that they do finde there at their owne pleasures and slay them if they can take them by chasing with Greyhoundes or otherwise so that they do not forestal them or foreset them in their returning to the Kings Forest againe For al such landes that were once afforested by the King and afterwardes disaforested then the same is euer afterwardes Purlieu Purlieu and of the nature of Purlieu so that there is not any lande that is or can be Purlieu but such as was once a Forest or a Free Chase For there may be landes that are Purlieus adioyning aswell to a Free Chase as to a Forest as it doth appeare in the Case of the Lorde Gray for Whaddon Chase in my Lorde Dieâ— his booke in 15. and 16. Elizabethae fo 326. And it is to be vnderstood that such laÌ„ds or woods as are here disaforested by this statute or Charter the same was at the request of the Comminaltie of this realme that is to say of Gentlemen Vide the case hic ante pag. 64 yomen and of the poorer sort of people which had such lands so afforested by the said Kings for whose reliefe these two branches of this Charter were most especially made as it doth also apeare by another Statute that was made in 33. E. 1. Statute 5. called the Statute of the Puraley beginning in these wordes That whereas certaine people that be put out of the Forest for the Purley Hic ante 34 35. The Statute of the Puraley 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 demaunded of them as they were wont to be So that you may thereby see that the Puraleys were first graunted at the especiall request of the Comminaltie of this Realme for their reliefe And here you may note by the wordes of the Statute of Carta de Foresta and also by the saide Statute of the Puraley of Anno 33. E. â— that all such lands as were so disafforested be thereby now clearly out of the Forest and are Puraleys according to the grant of the King by his Charter of Puraleys granted to his subiects By which Charter if you do diligently read and peruse it you shall thereby knowe the verie nature of the Purlieu and how the same is made howe it had his beginning The Charter of the Purlieu in the end of this booke with all other things that doe belong to the Purlieu what things a Puralie man may lawfully doe and how he may hunte in the Puraleys by the lawes of the Forest and the Charter of the Purlieus For although it be lawfull for sufficient Purlieu men to hunte and chase the wilde beastes in some sorte in their owne land that is so disaforested and made Purlui or Free for them onely Yet it is not lawfull for euery owner of land disaforested to hunt or chase the wilde beasts in their own land disaforested but only for them that haue xl s. by the yeare of freehold lands For those that haue lands of freehold to the yearly valew of xl shillings they may kéepe Greyhounds or other dogges to hunt withall out of the Forest by the statute of An. 13. R. 2. ca. 13. 13. R. 2. ca. 1â— But so may not euery other man that hath not landes to that valewe For such pastime is by the Lawes of this Realme reserued for Earles Barons and Gentlemen and for some other men of good acompt not for hindes nor pesantes of the Contrie to hunt
at their pleasure without all order and so to destroye the Princes game And it is to be vnderstood that al such persons as were put out of the Forest by the Purlieu they are excluded thereby of hauing any common within the Forest by reason of the Statute of the Puralsey aforesaide vnlesse that they will relinquish the benifit of the Purlieu Ordinatio Forestae anno 34. Ed. 1. in fine become Subiects to the bondage of the Forest againe as they were before And it doth appeare by the Statute of Ordinatio Forestae that the Puralty did first begin by the dissaforesting of such landes as were once aforested for the wordes are these Volumus insuper quod illi qui cōmunem pasturam in Foresta ante perambulationem factam habeant Et qui sunt postea repositi in Foresta quinque de dicta cōmunia per perambulationem predictam impediti fuerunt habeant comuniam pasturam de cetero in Foresta adeo large et libere ficut ante perambulationem predictam habere folebant saluis arent ' nostris in forma predicta and so you may see that such landes of the Forest as be disaforested afterwardes they are Purlieus And it doth also appeare by the same wordes that the Purlieus are made by perambulation and viewe The repositiō of the Forest retourned into the Chauncery And in like manner the reposition to the Forest of such landes as were disaforested by the Statute and afterwardes made Forest againe the same is to be done by perambulation and viewe which must be retorned into the Chauncery or Treasurie because that the King can haue nothing but by matter of recorde nor in such cases departe from any thing but by matter of record also And all such lands as are put againe to the Forest they are called Purlieus after the same reposicion for then they shal be Forest as they were before But such landes as were disaforested by the Puraley and so remaine dissaforested without any reposition The difference betweene the Purlieu reposition those are called Puralleyes in the which the owners may chase the wild beastes and also cut downe their woods and make their aprouementes to their best aduantage But of those landes that are put againe to the Forest by reposition they cannot doe so there without licence of the Lorde chiefe Iustice in Eyer And if it do fortune that a Deare goe out of the Forest into the Purlieu then the owner of the grounde there may chase and kill him if he can The same Law is if a Harte a Hinde a Buck The Purlieus a Dooe or a Hare or any other wilde beasts of the Forest or of the Chase which be clearly wilde of nature that haue not animam reuertendi so that such an owner of the lands haue landes of frée holde to the valewe of fortie shillings in the Purlieus And if a Puraley man which hath landes in the Puraley to the valew of ten shillings by the yeare and one other man which hath landes within the Puraley adioyning to him to the yearely valew of xxx shillings wild beasts of the Forest do come vpon their lands in the Purlieus those two Puraley men cannot chase together But he that hath landes of Frée-holde to the valew of fortie shillings by the yeare of his owne landes he may chase and kill his Deare and carrie it away vpon his own Purlieus and iustifie the same by the Lawes of this Realme For all wilde beastes are theirs that can take them As it appeareth by Bracton But if such wilde beastes being within any Forest Chase Parke or Warren or other Priuileged place then they are the Kings or the owners of those Priuiledged places where they are remayning as it hath been shewed before for of such wilde beasts men haue propertie in them but ratione soli And if the Forest be in one Countie the Puraley in another Countie adioyning to it he that hath fortie shillings by the yeare of Frée-holde lande in the Countie where the Puraley is he may Chase and hunte the wilde beastes in his owne Purlieu But if he haue fortie shillinges by the yeare of Frée-hold in the Countie where the Forest is but hath not any lande in the Countie where the Puraley is then he is not any Puraley man neither may he take the benefit of a Puraley hunter And if a man hauing landes to the valew of fortie shillings by the yeare within the Purlieus doe chase a Deare there and doth let his Greyhound runne after the wilde beasts and the Greyhounde doth followe the wilde beast into the Forest and there doth fasten vpon him and flea 〈◊〉 Nowe in this case the owner of the dogg shall not haue the wilde beast so slayne but the king or the owner of the Forest and such a Puraley man that doth so chase the wilde beastes into the Forest he may not followe his dogg into the Forest but he must stand at the outermost boundes of the Forest there blowe his horne for his dogg so call him barke againe for in this case when the wilde beaste hath recouered himself into the Forest againe then he is in Statu quo prius and then the King or the owner of the Forest hath propertie in him againe ratione soli and then the killing of him in the Forest is not lawfull neither doth the same gaine the owner of the Greyhounde any propertie therein And in like maner it is if a man do let his Fawcon Goshauke or any other Hauke flye at a Fesant or Partridge being out of the Forest Chase or Parke and they two do flye together and the same Hauke doth kill the Fesaunt or Partridge within the Forest Chase or Parke nowe the owner of the same Forest Chase or park where the same is so killed shal haue the game that is in such sort killed causa qua supra for the owner of such Greyhound or Hauk cannot claim any interest or propertie in any such game before that the same be taken before the taking of it the said game was retorned into the Forest Chase Parke or Warren wheras then the owner had propertie in it againe ratione soli A man may haue the possession of a wilde beast by his dogg And if a Greyhounde being let runne in the Purlieus after a wilde beaste of the Forest and in chasing after him the Greyhound doth fasten and seise vpon the Deare neare vnto the Forest and the wild beaste by his force draweth the Greyhounde byting vpon him within the bounds of the Forest and there is slayne the owner of the same Greyhound may very wel take the wilde beaste so slayne although that he were slayn within the Forest for by the seising of the dogg the owner of the same dogg was in possession of the wilde beast and the like lawe is if a Hauke be seised of his game without the Forest Chase or Parke and so seised they
do flye togeether within the boundes of the Forest Chase or Parke and there is slayne then the owner of the same Hauke may enter into such a Forest Chase or Park take the game so slayn by the reason aforesaide But the contrarie is when my Hauke is not seysed of such game before he entreth into such a Forest Chase or Park but doth followe his game flying into the same there doth seise vpoÌ„ the game in that case the game being killed it doth belong to the owner of the Forest or ground And this is proued by the opinioÌ„ of Master Bracton in titulo Diuisione rerum And if a Harte or any other wilde beast of the Forest doe come into the landes of a Purlieu man which hath lands to the valew of xl Bracton 14. H. 8. fo 18. shillings by the yeare such a Purlieu man may lawfully Chase those wilde beasts and take them by chaseing but he may not forest all them nor foreset them in their returning into the Forest so that they cannot haue free passage back again but do kill them Wilde b easte of the Forest haue animam reuertendi For notwithstanding that they be wilde of nature yet in this case they haue animaÌ„ reuertendi that is to say they haue a mind of returning home to the Forest againe And yet if I doe let my dogg runne at any wilde beast of the Forest within the Purlieus my dogg of his owne corage doth crosse the Deare in his course towardes the Forest and turneth him and by that meanes doth kill the same Deare this is not forestalling for it commeth of the courage and cunning of my dogg and not of my owne labour nor policie Also if any man not hauing landes within the purlieu do finde any kind of Deare or wild bestes of the Forest in his own ground out of the Forest Chase Parke and Purlieu then he may kill or take them by what soeuer meanes he can deuise for then such beastes shal be saide to be clearely wilde of nature and it cannot be knowen whose they are nor from whence they come nor whether they will when they are so strayed abroad And euen so it is of all manner of wilde Haukes except only Haukes of the praye for they ought not to be forestaled with nettes or other inguns but yet if they do bréede within the landes of the Purlieus then the owners of the ground may take them At appeareth by the Assises of King Henry the second Assisa Forestae H. 2. that the same King did altogether forbid any manner of forestalling of all such things as were wilde of nature for the wordes are these Dominus Rex precipit quod nullus 〈◊〉 homoâ—â— ad capiend'ferat per natem infraforestas nec extra suâ— pâ—â—na imprisonamenti vnius anni Et quod nullus sub eadem poena facint aliquam forstallationem feris suis inter forestam suâ—m boscoâ— suos vel alio loco per ipsum vel progeniter ' disafâ—ueâ—tat ' â— And here began first the prohibition of forestalling And he that is a sufficient Puraley man by the lawe that may hunt and take the benefite of the Purlieus by hunting he must learne this lesson and know that a Purlieu man may not hunt in the Purlieus at all times nor in what manner he himselfe will For he must vnderstand that there be tenne things that a Purlieu man is forbidden to do by the lawes of the Forest in his hunting in the Purlieus And the hunting of any Purlieu man contrary to any one of those tenne things so forbidden is punishable by the lawes of the Forest A Purlieu man must not hunt 1 In the night 2 On the Sunday 3 In the Fence-moneth 4 Any oftener than three dayes in one Weeke 5 With any more coÌ„pany than his own seruants 6 Within fourtie dayes next after the Kings generall hunting 7 Within fourtie dayes next before the Kings generall hunting 8 When the Forester is seruing of any Warrant in the next Walke 9 By forestalling of the Kings wilde beastes 10 After vnseasonable Deare So that a Purlieu hunter or Purlieu man must knowe this commaundement of the Lawe vz Vtere tuo vt alienum non ledas which is that euery Purlieu hunter I meane those that are sufficient Purlieu men by the lawe must vse their pleasure of hunting there so that they do not by the fame disturbe the Kings wilde beasteâ— that are remaining within the Forest or Chase of their firme â—eaâ—e And therefore the Lawes of the Forest hath set downe the foresaide tenne points as things that are most offensiue to the Kings wilde beasts of the Forest and for that cause they are prohibited by the lawe to be done or vsed 1 The first of them is That no maner of person shall hunt in the Purlieus in the night that is to saye after that the Sunne is sett vntill the rysing of the same for by the Lawe it is accompted in many cases for a day from the rysing of the Sunne vntill the going downe of the same And likewise for a night from the time of the setting of the Sunne vntill the rysing of the same and such a day is called Dies Solarius that is a day that is accompted by the Sunne And the reason why it is not sufferable for any person either Purlieu man or other to hunt in the Purlieus in the night is because that the Kings wilde beastes may not bee troubled or disquieted of their quiet feeding and rest in the Forest for it is not possible for any man to hunt in the purlieus in the night but that the same will be Ad terrorem ferarum quae sunt infra Forestam for although that perhaps their dogges do not follow the wilde beastes out of the purlieus into the Forest in their chase after them yet the noyse of their running together the gazening of those Deare that are scared out of the purlieus will disturbe the quiet of the wilde beastes within the Forest For the verie nature of the wilde beastes of the Forest is to seeke their foode in the night time when euery bodie is quiet and at rest for then they do not see any bodie sturre vp and downe Nor they are not troubled or feared with any noyse And all the day time they resort to the Couerts being terrifyed with noyse and the sturring of men so that they cannot feede quietly 2 Secondly it is not lawfull for any man to hunt in the purlieus on the Sonday for that day is appointed for the seruice of Almightie God onely and by his lawes that daye is to be kept holy and not to be prophaned For on that day all profitable busines is forbidden to be vsed although that the same tend to the profit and good of the common Weale then Ergo much more all vaine busines and ydle pastimes as hunting and such like And for that cause the Lawes of this Realm do not
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
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