A BREFE COLLECTION of the Lawes of the Forest Collected and gathered together aswell out of the Statutes Common Lawes of this Realme as also out of sundrie auncient Presidents and Records concerning matters of the Forest With an Abridgement of all the principall Cases Iudgements Entres contained in the Assises of the Forestes of Pickering and of Lancaster By Iohn Manwood of Lyncolnes Inne Studient in the Lawes of this Realme The Preface to the matter THE auncient Lawes of this Realme hauing always had a speciall regard vnto the continuall studie care that Kings and Princes haue in great and waightie affaires of matters of Common weale for the good of their Subiectes whereby they are often times wearyed with the toyle of the same and in respect thereof the same lawes haue giuen vnto them diuers royall prerogatiues of most noble and princely pleasures to recreate themselues withal to put away from them the remembrance of their laboursome toyle Amongst which prerogatiues the royall prerogatiue of the libertie of a Forest is not the least For a Forest both is and hath beene alwayes accompted a franchese of such noble and Princely pleasure that it is not incident vnto any subiect of this Ralme to haue the same but onely vnto the Crowne and royall dignitie of a Prince And therefore there haue beene alwayes certain particular lawes differing from the Common Lawes of this Realme that were onely proper vnto a Forest belonging to the same for the continuance of it And it doth seeme that Forestes haue beene of long time and that they are very auncient things although peraduenture not in that nature that they are now vsed heere in this Realme of England For it doth appeare that there were Forestes yea euen in the verie tyme of king Dauid King Dauid in his 50. Psalm ver 10. For he saith in his 50. Psalme these wordes O Lord I neede not to offer vnto thee burnt Sacrifices of beastes for all the wilde beastes of the Forest are thine and so are the Cattell vpon a thowsand Hilles Then Ergo there were Forestes of wilde beastes in his time And it doth also appeare by sundry auncient Histories as in Concordantia Historiarum others Concordantia Historiar that Forestes haue beene alwayes in this Realme from the first tyme that the same was inhabited Gurguntius And also you may read there that Gurguntius the sonne of Belyn being a king of this lande did make certaine Forestes for his delight and pleasure in Wilshire and so haue diuers other kings also since his tyme in other places meete for that purpose VVhich Forestes the Kings and Princes of this Realme haue alwayes mayntained and preserued with diuers Priuileges and Lawes appertaining to the same for places of pleasure and delight for their recreation And if it did happen that any offenders did enter into those priuileged plaâ— that they did any trespas therein then they were punished with verie â—â—rp Lawes punishments according to the lawes that then were in force which were sharply executed which lawes were then altogether vncertaine and the offenders were punished at the Kings will pleasure not by any law certaine and those lawes punishments were duely executed continued by the Kings of this Realme Canutus a Dane was king here in England in Anno Domini 1016. vntil that Canutus a Dane came to be king of this land which was about the yeare of our Lord 1016. who taking as great delight felicitie in Forestes as other most noble Princes of this Realme had done before his time He for the better preseruation maintening of those priuileged places of pleasure did establish certaine Lawes and Canons onely concerning Forests which Lawes I haue here placed first of all in this hooke for although that they haue beene raked vp a long time in the Embers of obliuion yet they are worthie to be remembred againe And because that they are the most auncientest lawes that I can find concerning Forestes therfore I haue placed them first of all before any others to th end that those that shall read this booke may both see know what lawes there were in the beginning concerning Forestes and how they haue altered changed from time to time and to that end I haue here set downe all the Statuts concerning Forestes that haue beene made since the time of the making of the said lawes because that it may thereby appeare the more plainly how any one of them hath abrogated another or any part thereof by reason whereof that which is lawe and in force at this day may the more easier be decerned and knowen It appeareth by the Lawes of Canutus the Dane king in his Canon the 30. that before his time all wild beastes birdes were onely the kings and that no other person might kill or hurt them Canutus Canon 30. For the king by his royall Prerogatiue his right and priuilege was such in England that all such things that none of his subiects could challenge any propertie in they were then said to be the Kings as wilde beastes byrds such like in whose lands or woods soeuer they were found Wherefore the same king made this law Volo vt omnis liber homo pro libito suo habeat venerem siue viridem in planis suis super terras suas sine Chacea tamen et deuitent omnes meam vbicunque eam habere voluero which is that from hencefoorth I will saith the king that euery free man may take his own Vert Venerie or hunting that he can gett vpon his owne ground or in his owne feelds being out of my Chase And let all men refraine from my Venery in euery place where I will haue the same The booke of the Lawes of Saint Edward the Confessor And also it appeareth in the booke of S. Edward the confessor which booke is the verie roote and originall ground of all the auncient Lawes of England that the same king Edward the confessor did confirme the same Law in these vordes Volo vt omnis homo sit venatione sua dignus in nemora campo dominico suo abstineat omnis homo a venarijs meis vbicunque pacem eos habere volo super penam vitae And so it appeareth that both the said kings did graunt and make this Law that after that time it should be lawfull for euery subiect to enioye the benefite of his owne hunting that he could any way take in his owne lande or in his owne woods or feeldes so that euery man should refraine from hunting the kings wilde beastes in his owne Forests and priuileged places for them vpon paine of the losse of life of such an offender William the Conqueror Which Lawes William the Conqueror did afterwards in his time confirme as it doth appeare in the said booke of the said Lawes chap. 47. And also he did continue the samae all his life
trespas and thrée yeares imprisonment and after shall make fine at the kings pleasure if he haue whereof and then shall find good suretie that after he shall not commit like trespas And if he haue not whereof to make fine after three yeres imprisonment he shall finde like suertie and if he cannot finde like suretie he shall abiure the Realme And if any guiltie thereof be fugitiue and haue no land nor tenement sufficient whereby he may be iustified so soone as the king shall finde it by Enquest he shall be proclaimed from County to County and if he come not he shal be outlawed It is prouided also and agréed that if none do sue within a yeare day for the trespas donc the king shall haue the suit And such as be found guiltie thereof by lawfull inquest shal be punished in like manner in all points as aboue is said and if any such trespassor be attainted that hée hath taken tame beastes or other thing in his parkes by maner of robberie in comming tarying or returning let the common law be executed vpon him as vpon him that is attainted of open theft and robberie aswel at the suit of the King as of the party West 1. ca. 20. An. 3. E. 1. 19 If any Forester parker or warrenor do finde any trespassor wandering within his libertie intending to doe dammage therein and that after hue and crie made to him to stand vnto the peace will not yeeld himselfe but doth continue and execute his malice and disobeying the kinges peace doth flie or defend himselfe with force and armes although such foresters parkers and warrenors or any other comming in their companie and ayding such foresters parkers and warrenors in the kings peace do kill any offendor or offendors being so found either in arresting or taking them or any of them they shal not be arraigned vpō the same before the king and his Iustices or before any other the king his Bailifes or any other within any franchise or without nor shall léese for so doing either life or limme or suffer any other punishment but shall enioy the kinges peace as they did before Notwithstanding let all such foresters parkers warrenors and all other beware that by reason of any malice discord debate or other euil will had before time they do not lye nor maliciously pretend against any person passing through their liberties that they came thither for to trespas or misdoe when of trueth they did nothing nor were not found as trespassors and so kill them for if they do and be conuict thereupon the death of such persons shal be inquired and execution shal be done in like maner as is done for other of the kinges subiects standing in his peace and like as it ought to be done of right according to the law custome of the Realme Statute of Trespassors in Parkes An. 21. E. 1. 20 Whereas certaine people that bée put out of the forest for the purliew and by the great men haue made request to our soueraigne Lord the king at his parliament that they might be acquited of their charge and of things that the foresters demaund of them as they were wont to be Our soueraigne Lord the king aunswered First that where he had graunted purliew that he was pleased that it should stand in like maner as it was granted albeit that the thing were sued and demaunded in an euil point Neuerthelesse he willeth and intendeth that al his demesne lands wheresoeuer they be that haue bin of the Crown being returned by way of escheat or otherwise shall haue estate of frée chase and frée warren and in such maner shal be saued and kept to his vse for all maner of escheates and for all maner of thinges that pleaseth him And in right of them that haue lands and tenements disaforested for the said purliew and such as demaund to haue common within the bounds of forests The intent will of our soueraigne Lord the king is that from henceforth where purliew is they may claime to be quite of charge of the forestes And whereas the kings beasts cannot haue their haunt and repaire vpon the forest ground as they had so long as they were within the forests that such folke shall not haue common nor other easement within the boundes of the woodes nor of the landes the which remaine in forest but if any of them that be disaforested by the purliew would rather be within the forest as they were before then to be out of the forest as they be now It pleaseth the king verie wel that they shal be receiued thereunto so that they shall remaine in their auncient estate and shall haue common and other easement aswel as they had before Wherevpon our Soueraigne Lord the king willeth and commaundeth that his Iustices of the forestes on this side Trent beyond Trent in like maner shall keepe and hold and cause to be kept and holden straitly the foresaid pointes within their liberties in the forme aboue mentioned Anno. 33. E. 1. Stat. 5. Assisa et consuetudines Eorestae 21 If any Forester shal finde any man attachable for vert in the forest first he shal attach him by ii pledges if they be to be found if not he shal be brought to the next town wher they may be found And if they be afterward found he shal attach him by iiii pledges and if the third time he shall be presented before the Verderors and be put by viii pledges afterward after the third attachment his bodie shal be attached and retayned that hee may remember what thing Vert is It is to be knowen that all trées not bearing fruit and these which beare fruit at any time in the whole yeare and an Ash if he be old shall remaine in the forest and in the errable land they be all Vert because our Lord the king is in possession of them If any man shal be found felling an Oke without the demesne wood and within the regarde of the forest without the view or deliuery of the forester or verderor he shal be attached by iiii pledges and by the view of the verderor the Oke shal be praized and the names of the pledges shal be written in the rol of the foresters and verderors If any man shal be found in the kinges demesnes asserting or doing purpresture his bodie shal be forthwith retained but if without the demesnes within the regard he shal be put by vi pledges and if he be afterward found he shall double his pledges if the third time he shall retaine his bodie A man attatable conra vadios plegios is he that is bound to be of good behauiour towarde the Forest and then after that bond is found offending in the Forest againe as it appeareth in Carta Foresta Articulo 15. If any man shal be found attacheable contrary to his suerties and pledges he shal be distrained by his cattels found within the bounds of the forest but
holders that ought to apeare before the Iustice in Eyre of the Forest and that they shal be before the same Lord Iustice in Eyre at Windsor on Monday next after the Feast of S. Peter the Apostle or at such day as the Lord Iustice in Eyre shall appoint in the same warrant for to sit and holde plees of the Forest And furthermore to commaund the same Shirife that throughout all the whole libertie of the same Shire aswell in all the auncient Boroughes and other townes as also in all Faires Markets and other publike places that he shall openly proclaime or cause to be proclaimed that al maner of persons whatsoeuer they be which claime to haue by the Charter or Charters of our Soueraigne Lord the King or of any of his auncestours or progeuitours or by any other wayes or meanes any liberties or fraunchises or free customes of the Forest within the saide Forest of Windsor that they shal be before the Lord Iustice in Eyre or his deputie at the day and place mentioned in the same Warrant to shewe what liberties they do claime to haue in the same Forest And that all manner of persons that are attached for Verte and Venison within the Forest aforesaide after the last plee of the Forest holden before the Lord Iustice in Eyre and also that all Pledges and Manucaptors which haue day by their Manucaption before the Iustice of the Forest of our Soueraigne Lord the King at his next comming into the Forest to holde his Iustice Seate that they be before the said Lord Iustice in Eyre at such a day as is mentioned in the said Warrant to the same Shirife readie to fulfil and do those things which by the Lawes of the Forest they ought And that the same Shirife with his Bailifes be there also to certifie the said Lord Iustice in Eyre of the premisses and also to execute the office of a Shirife in these and such like matters concerning the same And it is to be noted that the Lord Iustice in Eyre must alwayes by their precept as aforesaide giue day by the same precept of Sommons so that all men that are to be sommoned by it may haue fourtie dayes warning at the least of the same Iustice Seat by the Shirifes Proclamation And when the Lord Iustice in Eyre is come to the place appointed according to the Proclamation and that he is set in his iudiciall Seate and those that are in commission with him then after the Commission is read and the officers of the Forest called then the Freeholders of the same Forest shal be called also and all others that were warned to appeare there at that day and then out of those freeholders and others there is chosen a most substantiall Iury of xxiiii or xx or xviii of the discreetest men And they shal be sworne that they shall truely inquire and true presentment make of all such matters as shal be giuen them in charge And then to the intent that the Kings most excellent Maiestie may the better be certified what offences haue beene done in the Forest in any degree since the last Seate of the Iustice and also how those offenders haue bin prosecuted fauoured or punished by the officers of the Forest whome the King doth trust in that behalfe and that the King may likewise know what officers of the forest haue wel dutifully discharged their office as they ought to do The Lord Iustice in Eyre or some man learned in the Lawes of the forest by his apointment shal giue vnto the fame Iury a charge which charge in effect doth comprehend briefely he whole scope of the Lawes of the Forest which is as followeth The Charge of the Lord Iustice in Eyre of the Forest that he doth giue at the Iustice Seate FIrst yée shall inquire of all attachementes made since the last Sessions as well of Vert as of Venison and aswell in the Demesne Woodes of our Soueraigne Ladie the Quéene as in any other place within the boundes of the Forest by whome such attachementes were made and how they were made and whether there hath bin any hunting within the boundes aforesaid and if any such hath ben then by what person it hath so â—en and who hath béene consenting or agréeing to the same that is to saye the Foresters or any other and what they haue beene that haue hunted with warrant who without and how often when and where the same was 2 Ye shall also inquire where there hath béene any attachement made by night and who they were that hath béene so attached and by whome they were attached 3 In like manner you shall inquire what attachementes hath bin made in Fence time aswel of those persons that haue offended as of others suspected and of all others found in the Forest serching and going after a suspected maner 4 You shal further inquire if there haue bin any asserts wastes or Purprestures newly made since the last Sessions or before not presented other then such as hath beene made by grauntes or licence of the Quéenes Maiestie or any of her progenitors and within whose Fee the same hath beene or is so made that is to saie in the Kings demesne landes or in the landes of any other and who hath so made them or any of them and who doth nowe holde the same and how they be inclosed and how much the same doth containe by the number of Acres 5 Item you shall inquire if there be any person or persons that hath or haue inclosed any quantitie of ground what soeuer it bâ— adioyning or bordering vpon the Forest and thereby inlargeth his or their own ground in setting out of their hedge or hedges ditche or ditches and so streighteneth the Queenes Forest yee shall present his or their names and the quantitie of the grounde so inlarged 6 Ye shal further inquire if any person or persons hath or haue raised vp or taken away any marke or bounde of the Forest if any hath so done ye shall present his or their name or names and the daie and time when it was done 7 Yee shall further inquire of the bandes and limites of all Bailiwikes within the Forest and how and after what manner they be bounded and how euerie of the saide Bailifes and Fosters haue vsed to keepe and walke and what they and euerie of them do claim to apertaine to his or their office or offices and what they do take by reason thereof and by what warrant the same is done 8 Item if any person or persons hath or haue made any Myne Delphe or Coale stane Claye Marle turfe Iron or any other Myne you shall present his or their name or names and the place where the same is so done 9 Also you shall inquire whether any Tanner or White tawer doth dwell within the precinct of the Forest and do vse their faculties there yea or no. 10 If any persoÌ„ or persoÌ„s haue newly builded or made any
hunting in the Purlieus is a breache of the lawes of the Forest and so a breach of the good behauiour of the Forest And here it is to be noted that the Purlieus are Purlieus but only quoad to those that are sufficient Purlieu men the same Purlieus doe remayne Forest still quoad to those that are not sufficent Purlieu men by the Lawe But all Purlieu hunters aswel those that are sufficient Purliumen as those that are not must vnderstand this That the lands of the Quéenes Maiestie whersoeuer they are they shal not be acoÌ„pted Purlieus nor of the nature of Purlieus although that such lands do lye without the boundes of the Forest within the Purlieus yet for as much as those landes are the Quéenes Maiesties own landes they shal be accompted of the nature of a frée chase which is a Priuiledged place for wilde beastes and therfore no Purlie man nor other may hunte in her Maiesties owne landes without good warraÌ„t by any colour of the Purlieus or otherwise And you may perceiue by the .1 and .3 braunch of the Statute of Charta de Foresta that amongest all such landes as were by the same Charter appoynted to be dissaforested Charta de Foresta artic 1. 3. 33. E. 1. stat 5. the landes of the King are alwaies reserued to be Forest still And also by the Statute made in Anno 33. of Edward 1. Statute 5. called the Statute of the Puraley By which Statute the King doeth graunt that foorthwith the Puraleyes shall be made in euerie shire yet the King by that Statut willeth and appoynteth that all his demesne landes wheresoeuer they be that hath beene of the Crowne being returned by way of escheat or otherwise shal haue estate of frée chase and free warren and in such manner shal be saued and kepâ— to his vse for all manner of escheats so that although the landes of the Kings do lye amongest the landes of other men in the Purlieus yet the same is not Purlieu neyther may any man hunte or chase the wilde beastes there because the same is the Quéenes Maiesties Freée chase for as much as the same is her Maiesties owne demeane landes Hesket fo 12. But if séemeth by the opinion of Maister Hesket and others that haue read vpon this branch of the Statute of Charta de foresta that the disaforesting of such landes as were aforested by King Richard or King Iohn whereof the letter speaketh in the 3 Article of Charta de foresta Charta de Foresta artic 3 doth gretly differ froÌ„ the disaforesting of such landes as were afforested by H. 2. mentioned declared in the first Article of Carta de foresta For of all such lands as were afforested by King Richard or King Iohn mentioned declared there in the third Article of Carta de foresta to be disaforested againe euery man shall haue the aduantage thereof aswell he that had not the land nor any interest in the landes or woodes at the time when the same was afforested as he that had the lande or Woodes at the time of the afforesting of the same or before But of such landes as were afforested by King Henry 2. and are here appoynted to be disaforested againe by the letter of the Statute of Charta de Foresta Articulo 1. it is otherwise for although that the same King Henry 2. had afforested the landes of any other man in right or in posession Charta de Foresta artic 1. the same land shal be disaforested but only against him whose land the same then was and not against any other persoÌ„ that hath no title or right to the same lande And Maister Hesket affirmeth that thereupon the same tooke the name of Purlui Because that such land is not disaforested generally for euery man but only pur lui that is to say for him and therefore the same is called Purlui Note the difference hereof And this much concerning Purlieus or Puraleys The words of the Statute of Charta de Foresta articulo 5. are further as followeth vz Regardatores nostri cant per Forestam ad faciendum regardum sicut fieri consueuit tempore primae coronationis Regis H. aui nostri et non aliter Now it is to be seene what a Regarder is How a Regarder is made and what his office is And therefore first of all it is to be vnderstoode that A Regarder is an Officer of the Kings Forest that is sworne to make the regard of the Forest as the same regarde hath beene vsed to be made in auncient time And also to viewe and inquire of all offenâ—as of the Forest aswell of Vert as of Venison The definition of a Regarder and of all concealments of any offences or defaults of the Foresters and of all other officers of the Kings Forest concerning the execution of their offices And this is the definition of a Regarder of the Forest Now it is to be seene how a Regarder of the Forest is made And for that it is to be vnderstood that a Regarder of the Forest may be made by the King himselfe by his letters Patents How a Regarder is made or by any one of the Kings Iustices of the Forest at his discretion in the generall Eyre of the Forest or at such time as the regarde of the Forest is to be made by vertue of the Kings writ which shall be directed to the Shirife of the same Countie commaunding him to sommon the whole regarde of the Forest and to make the regard of the Forest as they haue beene accustomed to do And then if any of the Regarders of the same Forest be sicke or dead so that because there are not the whole number of twelue Regarders the regard cannot be made that then the same Shirife shall choose other Regarders that are meete men to serue in their places by vertue of the same write in his full Countie the Tenor of which write is as followeth Elizabetha Dei gratia Angliae Franciae Hiberniae Regina fidei defensoris c. Vic. Essex salutem The writ to the Shirife Precipimus tibi quod sine delatione conuenire facias omnes Forestarios Regardatores ad regardum faciendum in Balliua tua ante aduentum Iusticiariorum nostrorum de Foresta Et locis regardatorum qui motui sunt Note that the Regarder is to be sworne aut infirmi alios Elegi facias Ita quod duodecim sint in Foresta nomina eorum inbreuiantur Et Forestarij dictos duodecim milites electos ducentur per totam Balliuam suam ad vidend'omnes transgressiones quae exprimuntur in Script ' Capitulor ' quae tibi mittimus quod hoc non omittas pro aliquaâ—re Et quod dicti milites iurent quod facient regardum sicut solet debet fieri Et quod ibuut sicut Forestarij eos ducent ad praedictam Forestam videndum Et si Forestarij noluerint vel nesciuerint
of that letter and then they shal be amerced for the same by the Iustices of the Forest at their discretion Hesket fo 28. according to their dignitie and estate And it is to be noted vpon that word Det that the said amercement of three shillings shal be leuied by distresse presently before the comming of the Iustices of the Forest For in this case the same is like to the amercement of a Leete as it doth appeare by the rolles presentmentes of the Regarders in diuers Forestes And so you may see that this Article for the inquisition and view of expeditating of doggs doth differ from euerie other Article of the regarde For the Regarders themselues may cesse the fine concerning this Article And the same fine shal be leuied presently by the Foresters of the Forest So that now you may perceiue by the verie construction of the letter of the Statute aforesaide that the meaning of these words Et ille cuius canis inuentus fuerit tunc nō expeditatus det pro misericordia tres solidos is as much as to saie that hee whose dogg is founde by the inquisition view of the Regarders and by their certificat presented to be vnexpeditated he shal pay 3. s. for a fyne for his dogg and yet neuerthelesse he must haue his dogg expeditated if he will keepe his dogg within the Forest Now the words are further Et de cetero nullus bos capiatur pro expeditatione canum By these words it doth appeare that before the making of this Charter of the Liberties of the Forest it was then an vsuall thing that for euery default or offence of the Forest the Foresters would distraine his Oxe which often times was of a great price And sometimes also the same was done of malice and euill will to vexe and trouble the offenders without any iust or lawfull cause And therefore this Article of the saide Charter hath greatly mittigated that great amercement vexation and hath here set downe a reasonable amercement that is to say thrée shillings and doth now prohibit that from hencefoorth no Oxe shal be taken for the expeditating of any Dogges Then the wordes are further as followeth Talis autem expeditio fiat per Assisam communiter vsitatum videlicet quod tres ortelli abscindantur sine pellota de pede anteriori In these words here is set downe and declared what manner of expeditating of Dogges hath beene vsed heretofore by the auncient Assises of the Forest which is that the three clawes of the forefoote on the right side shal be cut off by the Skinne And also here is further added to it a confirmation that is to saye that the same manner of expeditating of Dogges shall be still vsed kept and no other manner of expeditating of Dogges The words are further Nec expeditentur Canes de cetero nisi in locis vbi consueuerunt Expeditari tempore primae Coronationis praedicti Regis Henrici aui nostri Assisa Forestae H. 2. The declaration of the meaning of this branch of the Statute doth appeare in the Assises of the Forest of King H. 2. Cap. 11. in which Assises it is declared that hameling or expeditating of Dogges shall be made Vbicunque ferae Regis pacem habent vel habere consueuerunt that is to saye the expeditating of Dogges shal be made wheresoeuer the wilde beastes of the King haue a place of firme peace or haue vsed to haue a place of firme peace Maister Hesket in his reading of the Lawes of the Forest Maister Hesket fo 28. saith that if the King do afforest certain land after the saide Coronation where the wilde beastes of the King now haue their peace and rest there shal be hameling or expeditating of Dogges and yet such hameling of Dogges was not vsed there at the time of the said Coronation The same lawe is if a man haue lycence to inclose his lande where the wilde beastes of the King onely at the tyme of the Coronation vse to haue their haunte and rest and he doth inclose the same land with stone walles Expeditating of Doggs so that the wilde beastes cannot haue their haunt there by reason whereof they do chaunge their haunt and rest and doe resort to some other place whereas they did not vse at the time of the Coronation yet there shall be hameling of dogs Notwithstanding the words of the Statut are as aforesaid And the like lawe is of the contrarie parte For if the place where the wilde beastes haue had their haunte and rest at the tyme of the saide Coronation And where at that time there were hamelyng and expeditating of Doggs vsed Hameling of Doggs If afterwardes the same place be disaforested then after such disaforesting of the same ther shall not be expeditating of doggs any more vsed notwithstanding that expeditating of doggs was vsed there at the tyme of the saide Coronation So it is also if such haunte and rest of wild beastes and expeditating of doggs were vsed at the tyme of the saide Coronation by vsage by matter in fait in the countrey Expeditating by matter in Fait and not by matter of recorde as by presentment or by amercement for such offences there if the haunte and rest of the wilde beastes be chaunged from thence to another place then at this day there shall not be any hameling of doggs in that place where in deede the same was vsed at the tyme of the saide Coronation for that that no vsage was of that there after the tyme of memorie and the vsage before is but matter in fait which cannot be tryed nor lye in notice or vse now at this daie The same law is if the king do graunt to Iohn Astile a francke Chase through out all his landes within the Forest of the King and within those landes the wilde beastes haue vsed to haue their haunt and rest vpon that lande and before that graunt made there was alwaies halmeling of doggs vsed Yet now in this place the doggs of Iohn Astyle the grauntée of the king shall not be hameled although the contrarie were vsed at the time of the Coronation The same lawe shal be where the king doth graunte lycence to Iohn Astyle to make a Parke to imparke certaine of his lands within the Forest and he shall haue the Priuiledge of a Parke and Saltarie there and he doth make the same Parke and Saltarie according to his graunt in which place before that tyme expeditating or hameling of doggs was vsed vt supra there his doggs within the Parke shall not be hameled but in neither of these two last cases the doggs of any other person be it his Seruant or other straunger they ought to be hameled within that Parke or Close And this much concerning hameling of doggs It may peraduenture here be demaunded what doggs shall be expeditated by this Statut. And what doggs a man may lawfully keepe within the Forest And to this
no man may inclose any ground within the forest ad nocumentum ferarum and although a man haue licence to enclose his ground yet may he not enclose the same cum alta haia et forsata nec cum alto palatio contra assisam forestae It is purpresture for a man to build any house in the forest although it be within his owne free land The iudgement of purpresture is thus Ideo ipse in misericordia et clausus predictus prosternatur A high hedge of 4. foote high is contrari assisam forestae If he that do make purpresture do graunt ouer his lands where the purpresture is made No man may enter the Forest in the night both he and the grauntee shal be amerced If any man haue a horse pasturing in the forest by licence or without licence if in the night time he enter into the forest and take out his horse he shal be imprisoned raunsomed and bound to good abearing which proueth that by the assises of the forest no man may in the night time enter into the kings forest and if he do he shal be punished The like punishment and order shal be taken for him that with Bowes and Arrowes doth enter into the kings forest with intent to offend there although he do no acte Itinere Pickering fo 3. b. voluntas reputabitur profacto He that doth cut downe ligna virida is a trespasser in Vert. yet he is to be punished for the same Quia per assisam forestaevoluntatem reputabitur pro facto To cut downe within the Forest ligna virida or Ramos virides is finable per assisam Forestae He that cutteth downe vnderwoods Thornes Elder trees boughes lignum siccum ficcos ramos et huiusmodi is a trespassor in Vert. If Estouers be allowed to any man for making of his hedge and after one yeare he burneth vp the same hedge Itinete Pickering fo 3. where otherwise they would haue continued two yeares in this case per Assisas forestae he shall not be allowed any new Estouers And if he take more Estouers at any one time then he ought to do the Estouers shal be seised and he shall make his fine therefore If any man cut downe busshes or thornes within the Forest and carrie the same away in his cart out of the Forest In this case the Cart and horses shal be seised to the King and hee shall fine to the value of the wood c. If he that hath Estouers in the Forest do make thereof Hurdels and do sell them he is punishable If any cut downe greene hugh within the Forest and doth conuey the same vpon horse he shall forfeit the price of the Vert and his horse Item If the people of a whole township do make wast in the greene Hugh of the Forest the whole township shal be fined vz de villata de C. xx s. If any man do set any drye Okes on fier within the Forest he is punishable per Assisas Forestae If any Swine be found in the Forest tempore vetito Itinere Lanc. fo 7. they shal be forfeited to the King The same law is of Sheepe and Goates found in the forest in Mensae vetito Warda facta If any man do suffer any Bridges or High waies to be vnrepayred then whosoeuer ought to repaire the same he shall make fiue and shal be distrained to amend the same per assisam forestae or els their land shal be seised The Forester must be sworn Itinere Lanc. fo 7. Item that no Forresters may make any attachements vpon any person within the Forest before that they be sworne as they ought to be Quia est contra assisam forestae If any subiect haue any wood within the Forest if his Woodward make default at the Iustice seat his wood shal be seised into the kinges hand and so it shall remaine vntill he haue repleuyed the same and made his fine Ibidem Item if any Forester take any money for Barke his landes shal be seised for the money Ibidem Item if any white Tawyer do dwell in the Forest he shal be remoued and make fine for they are the common dressers of the Skinnes of stolen Deere Item if any take Hawkes or destroye Eyries of Hawkes in the Kings woods they shall make a fine for the same Hew Crye Assisa forestae articulo 11. Itinere Lanc. fo 7. Item according to the Articles of Hew Crye the orders of the Assise of the Forest are that if Hew and Crye be made by the ministers of the Forest if it be not pursued and followed with effect then shal the township that are faultie therein be wel fined Item that at euery Iustice seat of the Forest the number of Deere Itinere Lanc. fo 8. and the number of Trees that haue beene giuen awaye by good warrant or otherwise and such Deere as haue dyed or haue beene killed or otherwise and the windfalles must be presented Nouae Assisae Forestae per Basset Hungerford 11. E. 3. Item Pickering fo 2 b. Custos Forestae is mentioned in the statute of Anno 1. E. 3. cap. Likewise the profit of pawnage Russhes Fearne Gorse Segges and such like must be presented there also It appeareth in the new Assises precepts and ordinances of the Forest made and set foorth in Anno 11. Ed. 3. by Basset and Hungerford that a man maybe a Forester in fee in iure vxoris suae and may appeare by Atturney at the Iustice seat ad facienda omnia quae forestario incumbunt durante Itinere Praedicto I finde that besides all the officers and ministers of the Forest the was also one man that was Custos totius Forestae and another Superuisor forestariorum quod nota By the Forest Lawe Roger Bigot Earle of Norff. did forfeit his Fostership in fee in the Forest of Pickering Whereby it is to be noted That an officer in fee may forfeit his office Itinere Pickering fo 20. Itinere Pickering fo 3. Offenders in the Forest bound to the good abearing Ibidem fo 3 Radulphus Hastings Hugo Hastings Itinere Pickering fo 5. Itinere Pickering fo 3 In trespas in the Forest ther are no accessaries but they are all principals Ibidem fo 3 The horse of a stranger shall not be forfeited Itinere Pickekering fo 5. Lending of a Bowe Arrowes to kill the Decre is finable Item Nicholas Meuill and diuers offenders were indicted for that they with Bowes and Arrowes and dogges had killed xliii Staggs and Hindes within the Forest and in despite had cut off their heades and set them vp vpon stakes And for this heynous offence they were first committed to prison and gréeuously fined and after according to the Charter of the Forest they were bound to theire good abearing And he who is indicted for Forrest causes if he be after pardoned by the King his pardon is allowed but he shall put in suerties
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
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
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
are sundrie very good presidentes to warrant either of these thre waies aforesaid And cōcerning distresses as I do take it those that doe make defaultes at the saide Courtes of Swanimote and the same defaultes being recorded then the defaulters may bee distrayned to appeare at the next Swanimote of common right Like as vppon an originall where a man is Sommoned and doth not appeare afterwardes a distresse shal goe out immediatly against him and then as it seemeth those that doe make default there shall be bound to a double distresse by reason of that default that is to saie one distresse for the amercement by reason of his non apparance pro secta sua non facta The nature of a distresse and another for a new apparance at the next Swanimote be it sute reall or sute Seruice or else by direct proces of common right like vnto a distresse against a Iuror to distraine him to come to the next Swanimote But now for the better vnderstanding of the word distresse I wil here speake somthing concerning the nature of the same And where distresses may be lawfully made taken in such cases which doe concerne Swanimotes and what things may lawfully be had or taken in execution for distresses And for that it is to be vnderstood that if an officer of the Forest do make default at any Court of Swanimote then the chief Warden of the Forest or his Lieutenant or the Bedell of the Forest may destraine him for that amercement of three shillings or more or lesse in any land that hee hath or doth hold by reason of his office if he do hold any land so And in the like maner he may distrayne any other land that he hath within the Forest although that the same doe not appertaine vnto his office but he cannot distraine him out of the Forest in his landes but he may distraine the goodes or Cattels of that officer How distresses ought to be taken although that they be in the landes of any other man within the Forest And the same lawe is of euery other man that ought to appeare at the said Courtes of Swanimote as the foure men and the Reue Baylife Constable Tithingman Free-holder of Iuror which is Sommoned to appeare at the said Court of Swanimot to be of any Iury for the Queenes Maiestie or any other seruice there as in the case is afore said And if the said chief Warden of the Forest or his Lieutenant or the saide Bedell of the Forest which ought to distraine cannot find any distresse of his within the Forest then he ought to certifie the same before the Iustices of the Forests and vpon a Testatum there that such a person which ought to appeare at the Court of Swanimote in such a forest did make default and for the same he was amerced and that he hath not any lands nor goods within the Forest that he may be distrayned by but that he hath sufficient landes within such a County which is out of the Forest then vpon that Testatum there shall goe a write or precept to the Shirife of the said foren Countie which is out of the Forest where he hath sufficient of landes ad distringendum terras et tenementa cuiusmodi A. B. comitat ' illo c. And then by vertue of that write or precept the Shirife may lawfully distraine him there for that amercement and so you may see that the Iustices of the Forest vpon such a Testatum as is afore saide may cause a write or precept to bee made to the Shirife of a foren Countie that is out of the Forest to leuie such a mercement by distresse and yet they are not properly Iustices within the saide Counties but Iustices of the Forestes within those Counties this is affirmed by the opinion of Maister Hesket Master Hesket Fo 37. And if the Bedell of the Forest or other officer do come to distraine for such an amercement in the Forest and the owner of the same goods which are to be distrained knowing thereof by couine doth come before that the said Bedell or other officer hath distrained them and doth conuey them away out of the forest in this case although that such an officer do freshly pursue them yet he cānot lawfully take those goods nor distraine them being out of the bounds of the forest But if such an officer had taken and once seised the beastes of the defaulter for such an amercement lawfully as a distresse and then the owner by force had taken them from him and so driue them out of the Forest then the said Bedell or officer may make hue and crye freshly pursue after him and so take those beastes from the said rescusor in any place wheresoeuer out of the Forest And the same law is if a straunger do take those beastes from the Bedell or officer after that he hath distrained them and then doth deliuer them to the first owner againe which doth driue them out of the Forest then the saide Bedell or officer may lawfully pursue them and take then againe But if that the beastes distrained vt supra do come backe to the owner againe into his land that is out of the bounds of the Forest by the negligence of the Bedell or officer that ought to haue impounded them then the officer cannot take them againe Master Mesket Fo. 38. For now the first distresse is determined by the comming backe againe of those beastes to the first owner which is done without his act for in this case it is not like to a rescous where the owner of those beastes doeth come to the possession of them againe by his owne wrong But if the Bedell or other officer do distraine for any amercecement vt supra and then doth deliuer the same beastes which he hath taken by distresse to a straunger to keepe to his owne vse whereby the straunger to whome they were deliuered so to keepe doth driue them to his owne land being within the Forest and afterwards the owner of those beastes doth take them out of his land that hath the keeping of them and driue them out of the Forest in this case the Bedell nor other officer can not take them againe now being out of the Forest But otherwise it is if that the Bedell or other officer had taken the distresse and deliuered the beastes vnto a straunger to keepe as a distresse In this case if the owner take them do driue them out of the Forest yet the Bedell or other officer may freshly pursue them take them againe from him although that they be without the Forest in a forreine Countie Note the difference where such beasts were deliuered to be kept as a distresse and where to be kept to his owne vse If an officer of the Forest or other person that ought to appeare at the Swanimote Court haue land within the Forest and the beastes of a straunger do escape into his land
by reason whereof the land-land-tenant doth distraine them and put them in the pound in the same lande as in one pounde and then afterwards the Bedell of the Forest doth finde them there so leuant and cowchant afterwards he may distraine them for that amercement But otherwise it is if those beastes were neuer leuant and cowchant there If the Bedell of the Forest or other officer do break the close or the land that is inclosed with one ditch and a hedge a gate with a lock to it and doth there distraine for such amercement of the same man to whome the land doth belong That distresse is not lawfully taken there But if the gate be vnlocked or the hedge do lye open otherwise it is And otherwise it is if such officers do distraine such beastes in the high way within the Forest out of any close or inclosure And if one be amerced vt supra and after that he is so amerced he doth deliuer his beastes and his goods that he hath so within the Forest to another in pledge or in morgage There the Bedell of the Forest nor other officer cannot afterwards distraine them during the pledge or morgage But otherwise it is where issues are returned vpō the lands of a freeholder within the Forest which hath made default and lost the issues and afterwardes he doth alien that lande there the said Bedel may distrain in that land that is aliened for those Issues that are lost And thus much concerning distresse It were a thing verie necessarie here in this place to shewe of what things distresses may lawfully be made and taken But because that the same is a matter that doth altogether followe the course of the Common Law I will here omit it and referr you to the Register of Writtes in titulo Distresses for that matter The wordes of the Statute aforesaid are Conueniant Forestarij viridarij agistatores It is necessarie nowe here to shewe what a Forester is how he is made what his office is What a Forester is And for that it is to be vnderstood that a Forester is an officer of the Forest of the King or of another man That is sworn to preserue the Vert and Venison of the same Forest and to attend vpon the wilde beastes within his Bailiwike and to attache offenders there either in Vert or Venison and the same to present at the Courtes of the same Forest to the ende that such malefactors may thereby be punished according to the qualitie and quantitie of their offences and trespasses And a Forester of the Kings Forest is made by the King him selfe by his letters Patents vnder the great Seale of England And some such Foresters are foresters in fee and haue the same office to them and to their heires paying vnto the King a certaine fee ferme or rent for the same How a Forester is made Who is a Foester of see as it doth appeare by the Assises of Pickering and Lancaster And there are other some foresters of the King that haue their office but for terme of their life onely And againe there are some foresters of the King that haue their office by Letters Patents from the King vnder the great Seale of England but durante bene placito onely And in like maner it is of other foresters that are not foresters of the King Who are Foresters And those that are seruaunts to such foresters to looke to the Forest and to attend the Deare for them they are not properly called foresters Walkers or vnderkeepers but Walkers or vnderkeepers The oath of a Forester Walker and Vnder-keeper hath beene shewed alreadie before Page 51. The othe of a Forester ante pag. 51. Now it is to be seene what is the office of a Forester And for that it is to be vnderstoode that the whole office of a Forester of the Forest doth concist in these iiii things that is to say To Preserue 1 To Watch. 2 To Attach 3 To Present 4 1 And as concerning the first point which is to preserue It is to be vnderstood The office of a Forester is to preserue that a Forester or Keeper of the Forest must be a speciall preseruatour of the Vert and Venison of the Forest without the which it can be no Forest And therefore such an officer must alwayes haue a vigilant eye to preserue the Couerts of the Forest where the wilde beastes may haue their secret abyding and also the wilde beastes which are beastes of venerie And such an officer may not kil or destroy any of those beastes of Venerie of his owne authoritie without good Warrant for the same for if he do the same is cause of forfeiture of his office And also such an officer must be verie carefull to prouide that the Deare may haue foode in the Winter And for that cause the Law hath prouided that the Forester may lawfully lop Trees in another mans land vpon some speciall occasions for browse to succour the Deare in the Forest withall as it hath beene shewed before Like wise euery good Forester must be carefull for the looking vnto his Deare in the fence-moneth which is the time of their fawning for the preseruation of the yong Fawnes for the encreasing of the game according to the Assises of the Forest And thus much concerning the first point of his office which is to Preserue 2 The second point of the office of a Forester is to watch or to be carefull in attending of the Vert and Venison of the Forest to see that the same be not by any meanes destroyed For as a Forester himselfe may not kill nor destroy any of the wilde beastes of the Forest without good warrant nor yet cut down or destroy the Vert of the Forest No more he must not suffer any other person to do any manner of trespas in the Forest to the hurt of the Vert or Venison of the same Forest For it doth appeare by the Lawes of Canutus Canon 2. That Foresters were appointed at the first Ad suscipiendum Curam onus tum Viridis tum Veneris 3 Now the third point of the office of a Forester is to attach offenders or trespassers in the Forest So that as a Forester by his office is to be a Preseruatour of the Vert and Venison of the Forest and therefore to watch and attend the same He is likewise to attach or arrest all such offenders and trespassers as he shall finde offending or trespassing within the Forest to the end that they may receiue such punishment for the same as the lawes of the Forest doth in that behalfe appoint 4 Nowe the fourth poynt of the office of a Forester is to present which is that he that is a Forester must not conceale any manner of offence that shal be done within the Forest by any manner of person either in Vert or Venison but present the same and also all manner of attachmentes