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
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
of the kings wilde beastes in which cases it was then felonie to kil them and the offender should lose his life by the lawe for such an offence or els if he did not lose his life for that offence then he was to make a grieuous raunsom for the same as it doth appeare in the auncient lawes of Saint Edward in his booke fo 69. And afterwards in the time of William the Conqueror Legibus Sancti Edwardi fo 69 in the ende of his decrees that he made and set downe for lawes he willeth that no man shall lose his life for any such offences but onely that such an offender shal be punished by the losse of some of his members which decree is there set downe in these wordes Interdicimus etiam ne quis occidatur vel suspendatur pro aliqua culpa Les decrees del William la Conqueror sed evelluntur oculi et abscindantur pedes vel testiculi vel manus ita quod truncus vnius remaneat in signum nequitii sui secundum quantitatem delicti debet pena maleficientis infligi And this law in some cases doth endure vntill this daie As at the Common Lawe if a man do make an affeaie within the Kings Pallace the offender shall lose in that case his right hand The Statut of An 33. H. 8 41. Assisarum and this was the Common lawe before the making of the Statute of An. 33. H. 8. as it doth appeare in 41. Assisarum where the case was that a man was endited and arraigned for that he did strike a Iuror in the Pallace at Westminster which had passed against him which saide stroke was giuen in the presence of the Iustices Striking in the Kings pallace or in the presence of the Iustices for the which he had his iudgement that he should remaine in prison in the Tower during his life and also that his right hand should be cut off and that the issues and profites of his lands should be forfeited vnto the King during his life but his heire should not be disinherited And the verie like case is adiudged in Anno 19. E. 3. and also in M. 22. of E. 3 Where an Esquire of good accompt which drewe his sworde to strike another person in the presence of the Iustices 19. E. 3. M. 22. E 3. of which offence he was afterwardes conuicted and had his iudgement for the same to haue his right hand cut off and he was also for the same offence committed to Newgate there to remaine as in the case before recited And therefore now this graunt and Charter of the Liberties hath prouided a remedie for this extremitie in these wordes Nullus amittat vitam vel membrum which is a verie great libertie vnto all the Kings Subiects And it is also a restraint and an abridgement of the Kings will and pleasure vpon which the punishment of such offenders did then onely depende which at that time was vncertaine where as nowe the same is a most certaine punishment appointed for those that do hunt the Kings wilde beastes for the words are Provenatione c. So that the same Charter is now a generall pardon to all men of life and member for all offences of hunting the Kings wilde beastes of Venery Pro venatione And because the letter is pro Venatione it is necessarie to consider what beastes are called beastes of Venerie or the Kings Venison and therfore it appeareth as it hath been shewed before that there are fiue wilde beastes that are accompted beasts of the Forest that is to saie the Hart the Hynde the Hare the Boare and the Wolfe And there are also fiue beastes remaining in the Forest that are accompted beastes of Chase that is to saie the v. beastes of the Forest The v. beastes of the Chase the Bucke the Doo the Fox the Martron and the Roo And there are also diuers other wilde beastes in the Forest that although they are not beastes of the Forest nor beasts of Chase yet they are accompted beastes of Venery and this Charter of Pardon of life and member doth extend to the hunting killing of any beastes of Venery according to the letter of the saide Charter which is pro Venatione which entendeth also to all manner of Hawking and destroying of Fowles of Warren and Fishing in anie viuarie within any Forest where such kinde of things are that are fere naturae The letter is further Sed si quis captus conuictus c. Which is as much in effect as if the wordes had beene That if the offender be taken and attainted of the Trespas or offence by the course of the Lawes of the Forest But if the defendant vpon an Inditement do confesse the offence or will saie nothing at all to it or will make default after his appearance if the same do passe the Swanimote in due forme of Lawe according to the Statute called Ordinatio Forestae Ordinatio Forestae An. 34. E. 1. An. 1. E. 3. ca. 8 and according to the Statute of Anno primo of Edwarde the thirde Cap. 8. then such an offender shal be saide to be conuicted And when any offender is thus conuicted he shall make his fine for the same offence For the letter is further Grauiter redimatur and that is as much to saie The offender so conuicted must be grieuously redeemed or make a grieuous Fine or raunsome for his offence The diuersitie betweene a Fyne and a Raunsome And it is said that there is a great diuersitie betweene a fine and a raunsome For a fine is arbitrable by the Iustices of the King and is to be assessed by them without the King But a raunsome is not to be assessed by the Iustices of the King onely but that the King shall first therein shewe his pleasure and will And therefore it doth seeme that in this case the recompence for such an offence is to be called a fine and not a raunsome because the Iustices of the Forest do assesse the same without making of the King priuie to it first as common experience doth dayly proue and auncient presidents of the Lawes of the Forest confirme the same And thus hauing passed ouer 10. articles of the Charter of the Forest I will here ende leaue the rest to others of better learning iudgement to handle And because it is verie necessarie to see and know the manner of the making of a Forest and of the dissaforesting of a Forest againe I will now here set downe the Charter of the Puraley to the end that it may thereby appeare in what manner a Forest is made And as a Forest is made in like manner the same is made a Puraley dissaforested againe as it shall appeare by this President hereafter following Charta de Foresta caput 1. Ad ordeigne que touts Forests que Henricus auus noster aforestauit videantur per bonos legales homines si
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