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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70139	The great charter of the forest, declaring the liberties of it made at Wesminster, the tenth of February in the ninth year of Henry the Third, anno Dom. 1224, and confirmed in the eight and twentieth of Edward the First, anno Dom. 1299 : with some short observations taken out of the Lord Chief Justice Coke's fourth Institutes of the courts of the forests / written for the benefit of the publick.; Charta de foresta	England and Wales.; Coke, Edward, Sir, 1552-1634. Institutes of the laws of England. Part 4. Selections.	1680 (1680)	Wing G1677; ESTC R1823	19,215	42

de Foresta hath been above Thirty times and lastly in 4 Hen. 5. confirmed and enacted and commanded to be put in execution Co. Inst 4. Part. Fol. 303. And it is very observable that if any Act of Parliament hath been made against any of the Articles of the Statute of Carta de Foresta by the Act of Parliament of 42. E. 3. the same is made void and by the Statute of Confirmationes Cartarum in 25. E. 1. all Judgments given against any of the points of Carta de Foresta shall be holden for void CHAP. III. What Woods made Forest shall be disafforested ALL Woods that have been made Forest by King Richard our Uncle or by King John our Father untill our first Coronation shall be forthwith disafforested unless it be our Demesne Wood. Whereas Henry 2. Fitz Empress claim'd that he might make Forrests not only within his own Woods and Grounds but in the Woods and Grounds of his Subjects and thereupon made divers such Forrests within his own and other mens Woods and Grounds Whereupon some Readers and others that have followed them are of opinion that Henry 2. might de Jure do that which he did This Act of Charta de Foresta which is but a declaratory Law restoring the Subject to his former right is directly against that conceipt as you may see before in the first Chapter of it and to the same effect is this third Chapter Neither could Henry 2. or any other King have made or rais'd a free Chase Park or Warren for himself in any of the grounds of the Subjects for it is truly said in Plowdens Commentaries Lord Berkely's case fol. 236. that the Common Law hath so admeasured Note the Kings Prerogatives that they should not take away nor prejudice the Inheritance of any But we agree that all the Lands of the Subject are originally derived from the Crown And therefore when the Ancient Kings had the most part in their own hands or at least great Desarts Waste and Woody grounds for want of habitation they might make what Forests it pleased them therein which may be a Reason and cause of a lawfull beginning and therefore a Forest may be by Prescription good in Law over other mens grounds But the King in his own grounds may make a Forest at this day which is proved by these two Chapters for such Forests are thereby saved and Enacted to stand Co. 4. Part. Instit fol. 300 301. Desertum id quod ab hominibus deseritur feris relinquitur CHAP. IV. No Purpresture Waste or Assart to be made in Forests ALL Archbishops Bishops Abbots Priors Earls Barons Knights and other our Freeholders who have their Woods in Forests shall have their Woods as they had them at the first ‖ Coronation of Henry our Grandfather so that they shall be quit for ever of all a Purprestures b Wastes and c Asserts made in those Woods after that time untill the beginning of the second year of our Coronation And those who from henceforth do make Purpresture without our Licence or Waste or Assert in the same shall answer unto us for the same Wastes Purprestures and Asserts a Purpresture cometh of the French word purprise or pourpris which signifieth an Inclosure or building and in legal understanding signifieth an encroachment on the King either upon part of the Kings demesne Lands of his Crown which are accounted in Law as re's publicae semper favorabile fuit in Omni Republica Principis patrimonium or in the High wayes or in Common Rivers or in the Common streets of a City or generally when any Common Nusans is done to the King and his people endeavouring to make that private which ought to be publick which Glanvil lib. 9. cap. 11. very aptly describeth in these words Dicitur autem purprestura vel porprestura popriè quando aliquid super Dominum Regem injustè occupatur ut in Dominicis Regis vel in viis publicis obstruct ' vel in aquis publicis transversis à recto cursu vel quando aliquis in Civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel Civitatis Co. 2. Instit fol. 272. It was an Article of the Eyre before the Statute de Bigamis in 4. Ed. 1. to enquire de purpresturis factis super Dominum Regem sive in Terra sive in Mari sive in aqua dulci sive infra libertatem sive extra Cap. itineris id ibid. It appeareth also by Glanvil that there be likewise Purprestures done to Subjects id ibid. b Waste Vastum dicitur à vastando of wasting and depopulating and for that waste is often alledged to be Timber which we call in Latine Maremium or Maresnium or Maresmium it is good to fetch both of them saith my Lord Coke from the Original First Timber is a Saxon word Secondly Maremium is derived of the French word Marreim or Marrein which properly signifieth Timber Co. 1. Instit fol. 52. b. 53. c Assert is so called of the effect as some hold and is derived say they of ad and sero assero because of Wood grounds Marishes or waste grounds they are converted to be sown with Corn and therefore in the Register and F. N. B. it is written assertare with an E. and so it is in this Chapter here in the Latin Bracton † Lib. 4. fol. 226. hereof saith Illud quod fuit aliquando boscus locus vastae solitudinis communia jam inde efficitur Assartum vel redactum est in Culturam And herewith agreeth Fleta lib. 4. c. 22. lib. 2. cap. 25. illud olim fuit Foresta et boscus c. et jam efficitur Assartum reductum est in Culturam et idem dici poterit de Mariscis et aliis vastitatibus in culturam redactis Others fetch it otherwise but we hold that it is derived of the French word essarter to grub up or clear a ground of wood c. and this appeareth by Domesday Hereford-shire Merchela in eodem manerio sunt 58. acrae terrae provect de silva written over the same essars de essart silvae exeunt 17. s. and 4. d. E. being turned into A. Co. Instit 4. part fol. 306 307. ‖ Where it it is said tempore Coronationis Regis Henrici Avi that is of H. 2. it is to be known that he was Crowned twice viz. the 20. of December in the first year he caused his Son Henry to be Crowned King the 15. of June in the 16. year of his reign Henry his Son died the 11. of June in the 28. year of his reign after whose death King Henry Fitz-Empresse was Crowned again Id. fol. 293. CHAP. V. When Rangers are to make their Range in the Forest OUr Rangers shall go through the Forests to make range as it hath been accustomed at the time of the First Coronation of King Henry our Grandfather

is Vert and signifieth in the Laws of the Forest Every thing that doth Grow and bear Green Leaf within the Forest that may cover and hide a Deer Manwood 2 par Forest-Laws fol. 6. a. fol. 33. b. Vert is divided into General and Special Vert General is as above Defined special is every Tree and Bush within the Forest to Feed the Deer withal as Pear-Trees Crab-Trees Hauthorns Black Bush and the like And the reason of this Name is because the Offence of destroying such Vert is more highly punished than any other according to the Quantity thereof See more C. 16. Mensis Vetitus Fence-Month or Defence-Month so called because it is the Fawning-Month when the Does have Fawnes for the Preservation whereof they ought to be Fenced and Defended from Hurt and Disquiet It contains a Kalendar-Month of One and Thirty Dayes and begins the Fifteenth Day before Mid-Summer in the beginning whereof a Swanimote is to be holden and endeth Fifteen Dayes after as you may see by this Chapter The Third Swanimote to be kept in the beginning of Fifteen Dayes ante Festum Sancti Johannis Baptistae quando Agistatores nostri conveniunt pro * Faonatione seu Feonatione bestiarum Nostrarum Co. Instit 4 par fol 313. In the Printed Book it is Venatione which ought to be amended and made Faonatione or Feonatione which signifieth the Fawning This word Faonatio or Feonatio is derived of the French word Faonier i. e. to Fawn or for Does to bring forth Id. ibid. CHAP. IX Who to take Agistment and Pawnage in Forests EVery Free-Man may Agist his own Wood within Our Forest at his Pleasure and shall take his □ Pawnage Also We do grant That every Free-Man may drive his Swine freely without Impediment through our Demesne Woods to Agist them in their own Woods or where else they will And if the Swine of any Free-Man lie one Night within our Forest there shall be no Occasion taken thereof whereby he may lose any thing of his own Agistator so called because he taketh Beasts to Agistment that is to Depasture within the Forest or to Feed upon the Pawnage and cometh of the French Word Geyser i. e. to Lie because the Beasts that Feed there are there Levant and Couchant Lying and Rising Co. Instit 4 par fol. 293. Agistment is properly the Common of Herbage of any kind of Ground or Land or Woods or the Money due for the same Mr. Manwood par prior of his forest-Forest-Laws This Officer is Constituted by the King's Letters Patents And of these in such Forests where there is any Pawnage there be Four in Number Co. ibid. There Office consisteth in these Four Points 1. In Agistando 2. Recipiendo 3. Imbreviando 4. Et Certificando ibid. □ Pawnage Pannagium aliàs Pasnagium or Pennagium as it is Latined in Pupilla Oculi may be thought to come of the French Panez or Panets which is a Root much what like to a Parsnip but less and ranker in Taste which Hogs do there Feed upon though it be Eaten by Men also It signifieth in our Common-Law the Money taken by the Agistors for the Feed of Hogs with the Mast of the King's Forest Cromp. Jurisd fol. 155. Mr. Manwood par prior of his Forest-Laws saith Pawnage is most properly the Mast of the Woods or Lands or Hedge-Rowes or the Money due to the Owners of the same for it Mr. Skene de Verbor Signif calleth it Pannagium and defineth it to be the Duty given to the King for the Pasturage of Swine in the Forest Quietum esse de Pannagio i. e. to be quit to pay any thing for Pawnage Vid. F. N. B. p. 230. CHAP. X. The Punishment for Killing the King's Deer NO Man from henceforth shall lose either Life or Member for Killing of Our Deer But if any Man be ⊙ Taken and Convict for Taking of Our Venison he shall make a Grievous Fine if he have any thing whereof And if he have nothing to lose he shall be Imprisoned a Year and a Day And after the Year and the Day is expired if he can find sufficient Sureties he shall be Delivered and if not he shall Abjure the Realm of England Stat. 1. Ed. 3. 8. Sess 1. Stat. 1. H. 7. 7. Register fol. 80. In this and in other Chapters of this Statute Venatio signifieth Venison as in the Eighth and Sixteenth It is called Venison of the Mean whereby the Beasts are taken Quoniam ex Venatione Capiuntur and being Hunted are most Wholesome They are called Beasts of Venary not Venery as some term it because they are gotten by Hunting Ordinatio Forestae cap. 15. Co. Instit 4 par fol. 316. There be many Beasts of the Forest by the Laws of the Forests of England The Hare in Summer the Hinde in Winter and all that proceed as of them The Buck in Summer the Doe in Winter and the Proceed of them The Hare Male and Female and their Proceed The Wild-Boar Male and Female and their Proceed And the Wolf Male and Female and their Proceed The Martin Male and Female The Roe is no Beast of the Forest but it is a Beast of Chase and so it was resolved by the Justices and the King's Councel That Capreoli non sunt Bestiae de Foresta And this was the Reason of it eò quod fugant alias feras Hill 13. E. 3. coram Rege in Thesaur Co. Litt. Sect. 378. fol. 233. a. The Proceeds of the Hart and Hinde The Male the First Year a Calf the Second a Brocket the Third a Spayad the Fourth a Staggard the Fifth a Stagg the Sixth a Hart and so after The Female the First Year a Calf the Second a Brocket's Sister and the Third Year a Hinde Co. Instit 4 par fol. 316. The Proceeds of the Buck and Doe The First Year a Fawn the Second Year a Pricket the Third Year a Sorel the Fourth a Sore the Fifth a Buck of the First Head the Sixth a Great Buck. ibid. The Proceeds of the Hare The First Year a Leveret the Second Year a Hare the Third a Great Hare Of a Wild-Boar A Pigg a Hogg a Hogg-Stea● a Boar and after a Sanglier The Seasons by the Law of the Forest for the Beasts of the Forest are these Of the Hart and the Buck beginneth at the Feast of St. John Baptist and endeth at Holy Rood-Day Of the Hinde and Doe beginneth at Holy-Rood and continueth till Candlemass Of the Fox at Christmass and continueth till the Twenty Fifth of March. Of the Hare at Michaelmass and lasteth till Mid-Summer Of the Boar from Christmass till Candlemass id ibid. ⊙ Taken Taken with the Mayneer à Manu is in four kinds viz. Dog-draw that is Drawing after a Deer which he hath hurt Stable-stand viz. At his Standing with any Knife Gun or Bow or close with Grey-Hounds in his Leash ready to Shoot or Course Back-bear Bracton lib. 3. fol. 32. that is Carrying away the Deer which he

Killed Bloody-hand i. e. When he hath Shot or Coursed and is imbrued with Blood id fol. 294. If the King or other Lord do Pardon a Trespass in a Forest and the Offendor at a Justice-Seat by his Learned Councel plead the same in the Proceeding thereupon we do observe Two things 1. That by the Law of the Forest before any Allowance thereof the Justices charge the Ministers of the Forest to enquire whether the Delinquent hath done any Trespass in Vert or Venison after the Date of the Pardon 2. When the Pardon is allowed then the Entry is Quod invenit manucaptores quod à modo non forisfac ' i. non Delinqueret aut peccaret But if an Offendor be Convicted for Trespass in the Forest in Hunting c. and adjudged to be Fined or Imprisoned which Fine though it be paid yet shall he find Sureties for his good Abearing c. in these words Quod à modo se bene geret in Foresta praedicta non forisfac ' i. non Delinqueret seu peccaret Vnde forisfactura pro delicto idem fol. 313. CHAP. XI A Nobleman may Kill a Deer in a Forest WHatsoever Arch-Bishop Bishop Earl or Baron coming to Us at Our Commandment passing by our Forest it shall be Lawful for him to Take and Kill one or two of our Deer by View of our Forester if he be present or else he shall cause one to blow a Horn for him that he seem not to Steal Our Deer And they shall do so likewise in their Return from Us as it is aforesaid We find not any Chapter or Article of this Charta de Foresta doth extend to Chases or Parks but only this Eleventh Chapter Quicunque Archiepiscopus Episcopus Comes vel Baro ad mandatum nostrum transierit per Forestam nostram c. which doth not only extend to the Forests of the King but to His Chases and Parks also For so was the Law before the Making of this Act which is but in Affirmance of the Common-Law of the Forest before this Act. Co. Instit 4. par fol. 308. First In respect of the Persons For every Lord of Parliament be he Spiritual or Temporal had this Privilege besides those that be named in this Chapter as such Abbots and Priors as were Lords of Parliaments and so of Dukes Marquesses and Viscounts who were Erected and Created afterwards being Lords of Parliament have the same Privilege also id ibid. Secondly By reason of the kind of Commandment Ad mandatum nostrum saith the Statute which words have reference to the Writ of Parliament directed to every Lord of Parliament Ideo vobis mandamus c. and is a Legal Commandment by Writ directed severally to each and every Lord of Parliament to appear at the King's Court of Parliament c. to treat De arduis urgentibus negotiis Regni Statum Defensionem Regni Ecclesiae Anglicanae concernentibus And to Recreate themselves Veniendo and after Redeundo they may passing by any of the King's Forests Chases or Parks Hunt and Kill one or two of the King 's Deer The Lords of Parliament may do it at other times ex Gratia but by Law Eundo Redeundo to and from the Parliament Thirdly Here is implyed that the Lord of Parliament may in the Absence of the Forester or Keeper after the Blowing of the Horn Kill one or two of the King 's Deer Propriis suis Canibus aut Arcu suo proprio Fourthly Here is a secret Conclusion of Law That albeit Spiritual Persons are Prohibited by the Canon-Law to Hunt yet by the Common-Law of the Land they may for their Recreation to make them fitter for the Performance of their Duty and Office use the Recreation of Hunting as here it directly appeareth And in Assisa Forestae 6 E. 1. it appeareth That the Abbot of Peterborow had a Right of Hunting in the Forest of Rockingham And this appeareth in other Statutes viz. 13 R. 2. 19 H. 7. 1 Jac. c. 27. And at this Day and Time out of mind the King hath had after the Decease of every Arch-Bishop and Bishop inter alia Matam suam Canum c. his Kennel of Hounds or a Composition See 25 H. 8. cap. 19 c. for the same which and other things are in the Exchecquer called Multa Fifthly The last Conclusion is That all Canons against the Laws or Customs of the Realm are void and of none effect CHAP. XII How every Free-Man may use his Land in the Forest. EVery Free-Man from henceforth without Danger shall make in his own Wood or in his Land or in his Water which he hath within Our Forest Mills Springs Pools Marsh-Pits Dikes or Earable Ground without inclosing that Earable Ground so that it be not to the Annoyance of any of his Neighbours The Jurisdiction of the Forest being Local the Law of the Forest hath provided That the Forest should be inclosed by Meets and Bounds which indeed are the Inclosure of the Forests For as Parks are Inclosed with Wall Pale or Hedges so Forests and Chases are Inclosed by Meets and Bounds And as a Park cannot be a Park without such an Inclosure indeed so it can be neither Forest nor Chase without an Inclosure in Law that is by Meets and Bounds Metae sunt Clausurae Forestarum Chacearum And where by the Statute 6 E. 1. c. 18. it is provided Quod omnes metae Forestae sint integrae Domino Regi that is so to be understood Quoad Jurisdictionem Imperium non quoad Dominium For if Rivers or High-Wayes be Bounds as most commonly they be yet the King hath no more Interest in the Soil Way River or Fishing than of Right he ought but only for his Jurisdiction of his Forest which extendeth over the whole Way River c. And where Mills and other Houses Trees c. of other Men and such like be Meets and Bounds of the Forests yet thereby the King hath no Interest in such Mills Houses or Trees c. See more of this in Co. Instit 4. par fol. 315. 316. Here is nothing in this Chapter so Difficult as to need Explaining CHAP. XIII How every Free-Man may use his Land in the Forest. EVery Free-Man shall have within his own Woods a Ayries of Hawkes Sparrow-Hawkes Falcons Eagles and Herons and shall have also the Honey that is found within his Woods a Aerie is in our Language the proper word in Hawkes 8 E. 3. Itin. Pick. Sir John de Melsa's Case for That we generally call a Nest in other Birds and so used here The Statute speaketh De Aëriis Accipitrum Espervorum Falconum Aquilarum Hieronum which is but in Affirmance of the Common-Law for it extendeth to Aëries of other Hawkes than be specially named as to Aëries Merleonorum in boscis suis de Levesham Co. Instit 4 par fol. 310. CHAP. XIV Who to take Chiminage or Toll in a Forest for what Cause and how