THE GREAT CHARTER OF THE FOREST DECLARING THE LIBERTIES OF IT Made at WESTMINISTER the Tenth of February in the Ninth Year of HENRY the Third Anno. Dom. 1224. and Confirmed in the Eight and Twentieth of EDWARD the First Anno Dom. 1299. WITH Some short Observations taken out of the Lord Chief Justice COKE's Fourth Institutes of the Courts of the FORESTS Written for the Benefit of the Publick LONDON Printed by the Assignees of Richard and Edward Atkins Esquires for John Kidgell at the Atlas in Cornhill near the Royal Exchange 1680. A PREFACE TO THE READER FInding how well Magna Charta hath been received amongst us as it hath been lately printed with some of my Lord Coke's Notes upon it and considering likewise that Charta de Foresta which was made and confirmed at the same times with the other does in effect treat of the same Matter and therefore both are called The GREAT CHARTERS of the LIBERTIES of England I could not but imagine that upon taking the same course and presenting you with some of that Great Man's Comments and Explanations of the Text as I could gather them out of his fourth Institutes of the Courts of the Forests alibi I could not I say but imagine that this GREAT CHARTER of the FOREST would meet with an Equal kind Entertainment from you This together with the Importunity of the Stationer made me set about the Work and I will here speak but a very few things by way of Preface because I would not long keep you from your fuller satisfaction and those shall be excerpted from my Lord Coke too There were many of the Great Charters and of This CHARTA DE FORESTA put under the Great Seal and sent to Archbishops Bishops and other men of the Clergy to be safely kept whereof one of them remain at this day at Lambeth with the Archbishop of Canterbury This was a great reach of Policy to have them well preserved and besides The same was entred of Record in a Parliament Roll. And afterwards King Edward the first by Act of Parliament 25 E. 1. c. 1. did ordain that both these Charters should be sent under the great Seal as well to the Justices of the Forest as to others and to all Sheriffs and to all other the Kings Officers and to all Cities thrô the Realm and that the same Charters should be sent to all the Cathedral Churches and that they should be read and published in every County four times in the year in full County viz. the next County day 28 E. 1. c. 1. after the Feast of St. Michael the next County day after Christmass and the next County day after Easter and the next County day after the Feast of St. John This Charta de Foresta and Magna Charta my Lord Coke calls Two glorious Lights and truly so for they were adjudged in Parliament to be taken as the Common 25 E. 1. 1. Law and the Law is the Light and Guide of Judges Lex est exercitus Judicum tutissimus Ductor lex est Optimus Judicis Zenagogus lex est tutissima Cassis And albeit Judgments in the Kings Courts are of high regard in Law and Judicia are accounted as Juris dicta yet it is provided by the same Act of Parliament that if any Judgment be given contrary to any of the points of either of the Charters by the Justices or by any other of the Kings Ministers c. it shall be undone and holden for nought because the Judgment is given against the Law And in such high Estimation have these two Charters been that they have been confirmed established and commanded to be put in Execution by two and thirty several Acts of Parliament Magna Charta DE FORESTA THE GREAT CHARTER OF FORESTS c. EDward by the Grace of God King of England Lord of Ireland and Duke of Guyan to all to whom these Presents shall come sendeth Greeting We have seen the Charter of the Lord HENRY our Father sometime King of England concerning the Forest in these words HEnry by the Grace of God King of England Lord of Ireland Duke of Normandy and Guyan and Earl of Anjou to all Archbishops Bishops Abbots Priors Earls Barons Sheriffs Provosts Officers and to all Bailiffs and other our Faithful Subjects who shall see this present CHARTER greeting Know ye That We unto the Honour of Almighty God and for the Salvation of the Souls of our Progenitors and Successors Kings of England to the advancement of Holy Church and amendment of our Realm of our meer and free will have given and granted to all Archbishops Bishops Abbots Priors Earls Barons and to all Freemen of this our Realm these Liberties following to be kept in our Kingdom of England for ever CHAP. I. What Woods shall be disafforrested IMprimis We will that all Forests which King Henry our Grandfather afforested shall be view'd by good and lawfull men and if he hath afforested any other a Wood more than his own Demesne by which the Owner of the Wood hath dammage it shall be forthwith disafforested and if he hath afforested his own Wood then it shall remain Forest saving the b Common of Herbage and of other things in the same Forest to them who before were accustomed to have the same 3. Bulstrode 213. Ockam cap. quid Regis Foresta saith Foresta est tuta ferarum Mansio non quarum libet sed silvestrium non quibuslibet in locis sed certis ad hoc idoneis unde Foresta E. mutata in O. quasi Feresta hoc est ferarum statio Co. Litt. Sect. 378. Fol. 233. a. Forests and Chases are not inclosed but a Park must be the Forest and Chase do differ in Offices and Laws every Forest is a Chase but every Chase is not a Forest A Subject may have a Forest by special grant of the King as the Duke of Lancaster and Abbot of Whitby had id ibid. A Forest consisteth of Eight things viz. Of Soil Covert Laws Courts Judges Officers Game and certain Bounds Co. Inst 4. Part. Fol. 289. Foresta est nomen collectivum and by the grant thereof the Soil Game and a free Chase doth pass id ibid. King John the 15 of June in the 18 year of his Reign at Kummigs-mead alias Kyme-mead between Stanes and Windsor granted the like Charter as Charta de Foresta is id ibid. a This is an Act of Restitution for if the King might have made a Forest in other Mens Woods then could not the Owner have fell'd down his own Woods without View and License sic ad damnum illius c. id Fol. 300. b Note all manner of Commons are saved CHAP. II. Who bound to the Summons of the Forrest MEn that dwell out of the Forest from henceforth shall not come before the Justicers of our Forest by common Summons except they be impleaded there or be Sureties for some others that were Attached for the Forest This Statute of Charta
de Foresta hath been above Thirty times and lastly in 4 Hen. 5. confirmed and enacted and commanded to be put in execution Co. Inst 4. Part. Fol. 303. And it is very observable that if any Act of Parliament hath been made against any of the Articles of the Statute of Carta de Foresta by the Act of Parliament of 42. E. 3. the same is made void and by the Statute of Confirmationes Cartarum in 25. E. 1. all Judgments given against any of the points of Carta de Foresta shall be holden for void CHAP. III. What Woods made Forest shall be disafforested ALL Woods that have been made Forest by King Richard our Uncle or by King John our Father untill our first Coronation shall be forthwith disafforested unless it be our Demesne Wood. Whereas Henry 2. Fitz Empress claim'd that he might make Forrests not only within his own Woods and Grounds but in the Woods and Grounds of his Subjects and thereupon made divers such Forrests within his own and other mens Woods and Grounds Whereupon some Readers and others that have followed them are of opinion that Henry 2. might de Jure do that which he did This Act of Charta de Foresta which is but a declaratory Law restoring the Subject to his former right is directly against that conceipt as you may see before in the first Chapter of it and to the same effect is this third Chapter Neither could Henry 2. or any other King have made or rais'd a free Chase Park or Warren for himself in any of the grounds of the Subjects for it is truly said in Plowdens Commentaries Lord Berkely's case fol. 236. that the Common Law hath so admeasured Note the Kings Prerogatives that they should not take away nor prejudice the Inheritance of any But we agree that all the Lands of the Subject are originally derived from the Crown And therefore when the Ancient Kings had the most part in their own hands or at least great Desarts Waste and Woody grounds for want of habitation they might make what Forests it pleased them therein which may be a Reason and cause of a lawfull beginning and therefore a Forest may be by Prescription good in Law over other mens grounds But the King in his own grounds may make a Forest at this day which is proved by these two Chapters for such Forests are thereby saved and Enacted to stand Co. 4. Part. Instit fol. 300 301. Desertum id quod ab hominibus deseritur feris relinquitur CHAP. IV. No Purpresture Waste or Assart to be made in Forests ALL Archbishops Bishops Abbots Priors Earls Barons Knights and other our Freeholders who have their Woods in Forests shall have their Woods as they had them at the first ‖ Coronation of Henry our Grandfather so that they shall be quit for ever of all a Purprestures b Wastes and c Asserts made in those Woods after that time untill the beginning of the second year of our Coronation And those who from henceforth do make Purpresture without our Licence or Waste or Assert in the same shall answer unto us for the same Wastes Purprestures and Asserts a Purpresture cometh of the French word purprise or pourpris which signifieth an Inclosure or building and in legal understanding signifieth an encroachment on the King either upon part of the Kings demesne Lands of his Crown which are accounted in Law as re's publicae semper favorabile fuit in Omni Republica Principis patrimonium or in the High wayes or in Common Rivers or in the Common streets of a City or generally when any Common Nusans is done to the King and his people endeavouring to make that private which ought to be publick which Glanvil lib. 9. cap. 11. very aptly describeth in these words Dicitur autem purprestura vel porprestura popriè quando aliquid super Dominum Regem injustè occupatur ut in Dominicis Regis vel in viis publicis obstruct ' vel in aquis publicis transversis à recto cursu vel quando aliquis in Civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel Civitatis Co. 2. Instit fol. 272. It was an Article of the Eyre before the Statute de Bigamis in 4. Ed. 1. to enquire de purpresturis factis super Dominum Regem sive in Terra sive in Mari sive in aqua dulci sive infra libertatem sive extra Cap. itineris id ibid. It appeareth also by Glanvil that there be likewise Purprestures done to Subjects id ibid. b Waste Vastum dicitur à vastando of wasting and depopulating and for that waste is often alledged to be Timber which we call in Latine Maremium or Maresnium or Maresmium it is good to fetch both of them saith my Lord Coke from the Original First Timber is a Saxon word Secondly Maremium is derived of the French word Marreim or Marrein which properly signifieth Timber Co. 1. Instit fol. 52. b. 53. c Assert is so called of the effect as some hold and is derived say they of ad and sero assero because of Wood grounds Marishes or waste grounds they are converted to be sown with Corn and therefore in the Register and F. N. B. it is written assertare with an E. and so it is in this Chapter here in the Latin Bracton †Lib. 4. fol. 226. hereof saith Illud quod fuit aliquando boscus locus vastae solitudinis communia jam inde efficitur Assartum vel redactum est in Culturam And herewith agreeth Fleta lib. 4. c. 22. lib. 2. cap. 25. illud olim fuit Foresta et boscus c. et jam efficitur Assartum reductum est in Culturam et idem dici poterit de Mariscis et aliis vastitatibus in culturam redactis Others fetch it otherwise but we hold that it is derived of the French word essarter to grub up or clear a ground of wood c. and this appeareth by Domesday Hereford-shire Merchela in eodem manerio sunt 58. acrae terrae provect de silva written over the same essars de essart silvae exeunt 17. s. and 4. d. E. being turned into A. Co. Instit 4. part fol. 306 307. ‖ Where it it is said tempore Coronationis Regis Henrici Avi that is of H. 2. it is to be known that he was Crowned twice viz. the 20. of December in the first year he caused his Son Henry to be Crowned King the 15. of June in the 16. year of his reign Henry his Son died the 11. of June in the 28. year of his reign after whose death King Henry Fitz-Empresse was Crowned again Id. fol. 293. CHAP. V. When Rangers are to make their Range in the Forest OUr Rangers shall go through the Forests to make range as it hath been accustomed at the time of the First Coronation of King Henry our Grandfather
and not otherwise The Ranger is a sworn Officer of the Forest of which sort there seem to be twelve as you shall see in the 7. Chapter but he is not within the Forest having no charge of Vert but only of Venison that cometh out of the Forest into his charge or part of the Purlieu to safe conduct them back again And it is to be noted that in such Forests as have no Purlieus there is no Ranger but Foresters serve the turn This Ranger is made and appointed by the King his Letters patents under the great Seal and for his better encouragement in his duty he hath a yearly fee of twenty pounds or thirty pound paid out of the Exchequer and certain fee Dear both red and fallow his Office consisteth chiefly in these three points 1. Ad perambulandum quotidie per terras de afforest at as ad videndum audiendum inquirendum tam de Malefactis quam de Malefactoribus in Balliva sua 2. Ad Refugandum feras Forestae tam Veneris quam Chaseae de terris deafforestatis in terras afforest at as 3. Ad praesentandum omnes trangressiones Forestae in terris deafforestatis factas ad proximas Curias illius forestae tent as As for the Oath of the Ranger it is continually in these words You shall truly execute the Office of a Ranger in the Purlieu of P. upon the border of the Kings Forest of P. You shall rechase with your Hound and drive the Wild Beasts of the Forest as often as they shall range out of the same Forest into the purlieus You shall truly present all unlawfull hunting and hunters of Wild Beasts of Venary and Chase as well within the purlieus which proveth that the purlieus are no part of the Forest but distiuct things as the Forest and those and all other offences you shall present at the Kings next Court of Attachments or Swanimote which shall first happen So help You God Co. Instit 4 Part. fol. 304. Purlieu is all that ground near any Forest which being made Forest by Henry the second Richard the first or King John were by Perambulation granted by Henry the third severed again from the same Manwood Part. 2. of his Forest Laws cap. 20. Purlieu saith my Lord Coke containeth such grounds which Henry the Second Richard the first or King John added to their Ancient Forests over other mens grounds and which were disafforested by force of this Statute in the first and third Chapters and the Perambulations and Grants thereupon And is derived from a French Adjective and a French Noun viz. Pur which signifieth clear entire and exempt and lieu that is a place entire clear or exempt from the Forest And both of these derived from the Latine Adjective and Noun viz. Purus locus and in this sence the Civilians called that purum locum qui sepulchrorum Religioni non est obstrictus And the perambulation whereby the Purlieu is deafforested is called in French Pourallée i. e. perambulatio so as the purlieu and pourallée are two distinct things and 33 E. 1. Stat. 5. purlieu is the right name of the place deafforested Co. Instit 4. Part. fol. 303. By this it appeareth that Chases that never were any Forests cannot have any Purlieu and consequently the case in 16 Dyer 326 b. 327. is mistaken for the Chase of Whaddon never was any Forest Whereby it may be observed how necessary the true derivation of words is according to Littleton's Example id ibid. By this deafforestation the owners of the grounds within the Purlieu may at their will and pleasure fell cut down eradicate and stubb up all the Timber Woods and underwood convert their Pastures Meadowes and other grounds to arable inclose them in with any kind of inclosure build and erect new Edifices upon the same or any part thereof and to dispose and use the same after the disafforestation as if they never had been afforested id ibid. CHAP. VI. Lawing of Dogs in Forests THe Enquiry or view of a Lawing of Dogs within our Forest shall be made from henceforth when the Range is made that is to say from three year to three year and then it shall be done by the view and testimony of lawful men and not otherwise And he whose Dog is not lawed and so found shall pay for his amercement three shillings And from henceforth no Ox shall be taken for lawing of Dogs And b such lawing shall be done by the Assise commonly used that is to say that three claws of the forefoot shall be cut off by the skin But from henceforth such lawing of Dogs shall not be but in places where it hath been accustomed from the time of the first Coronation of the aforesaid King Henry our Grandfather a Expaaltare Canes i. e. Expeditare Canes Expeditating or Lawing of Dogs Expeditatio is derived of ex and pede because the Dog is lamed in the foot Co. Instit 4. Part. fol. 308. b Canis in this Chapter is taken for Mastivus by these words talis Expeditatio fact ' per Assisam communiter usitatam which hath reference to the Assise of the Forest tempore Henri 2. Art 6. which speaketh only de expeditatione Mastivorum Assis consuetud Forestae 6 Ed. 1. cap. 9. speaketh only de Mastivo id ibid. Ortelles this word is taken from the French word Orteils des pieds i. e. digiti pedum the Toes or here Claws ibid. Pellota of the French word Pelote and they from Pila in this act it is taken for the Ball of the foot sine Pelota without the ball of the foot And therefore by the express words of this Chapter the ball of the foot of the Mastive is not to be cut off but the three claws of the forefoot to the skin This extendeth only to Mastiffs and to no other Dogs for Vbi non est Lex ibi non est Transgressio and necessary it is that such as dwell in Forests where there are Coverts that they should keep other Dogs unexpeditated and the Mastiff unexpeditated for the defence of their house or for giving of warning of Thieves and Robbers c. ibid. The words of this Chapter are De expeditatione Canum existentium in Foresta and therefore in Purlieus or places deafforested a man may keep a Mastiff without being expeditated Ibid. If Grey-hounds be found running ad Nocumentum the Forester ought to retain them and present them in the presence of the Verderers and send them to the King or to the chief Justice of the Forest Ibid. The Court of Regard or Survey of Dogs as you see by this chapter is holden every every third year for Expeditation or lawing of Dogs by that Court Id. fol. 289. CHAP. VII Where only Gathering shall be in Forests a NO Forester or b Bedle from henceforth shall make ▵ Scotal or gather Garb or Oates or any Corn Lamb or Pig nor shall make any Gathering but by the Sight and upon the Oath of
the Twelve Rangers when they shall make their Range So many Foresters shall be assigned to the Keeping of the Forests as reasonably shall seem sufficient for the Keeping of the same Stat. 25 Ed. 3. 7. In this Statute of 25 Ed. 3. c. 7. the words are Moreover It is Accorded and Established That no Forester nor Keeper of Forest or Chase nor any other Minister shall make or gather Sustenance nor other Gathering of Victuals nor other thing by colour of their Office against any Man's Will within their Bailywick nor without but that which is due of Old Right a Forestarius is taken for a Wood-ward not only of the King within his Forest but ex vi termini of any Subject of his Woods wheresoever they lye as appeareth by a Writ in Bracton lib. 4. fol. 316. a. b. 231. a. Vid. Co. Instit 4. part fol. 293. But in Legal Understanding he is taken for a sworn Officer Ministerial of the King's Forest and his Duty appeareth by his Oath which consisteth of Five Parts 1. That he shall be Loyal and True to the Master of the Forest 2. That he shall truly walk and keep the Office of the Forestership and true Watch make both Early and Late both of Vert and Venison 3. Truly attack and true Presentment make of all manner of Trespasses done within this Forest to his Knowledge and especially within the keeping of his Baylwick 4. The King's Councel his Fellows and his own he shall truly keep And 5. No Concealment make for no Favour Meed or Dread but well and truly to behave himself therein Co. ibid. Officers of the Forest shall not be sworn on Enquests out of the Forest Ordinat Forestae 34 E. 1. cap. 5. ibid. b Bedellus is an Officer of the Forest that doth warn all the Courts of the Forest and doth Execute the Process of the Forest and make all Proclamations as well within the Courts as without and is derived from the Saxon Word Bydder to Call or Warn or of the French VVord in Normandy Bedeau a Bayliff or Apparitor Co. Instit 4 part fol. 313. How many sorts of Officers and what Number do belong to a Forest you may be satisfied in by my Lord Coke's Recital of them as they are found in the Eire of Pickering The Foresters by this Chapter for keeping of the Forests are to be so many as shall reasonably seem sufficient for the same The Verderers are most commonly Four in every of the King's Forests They are Judicial Officers of the Forest and chosen in Full-County by force of the King 's Writ The Office of a Verderer is to observe and keep the Assizes or Laws of the Forest and to View Receive and Inroll the Attachments and Presentments of all manner of Trespasses of the Forest of Vert and Venison and to do equal Right and Justice as well to Poor as to Rich. All this and much more you may read in the Oath which he taketh before the Sheriff Co. Instit 4 par fol. 292 293. The Form of it you may see in Manwood's First Part of his Forests Laws pag. 51. You shall truly serve our Sovereign Lord the King in the Office of a Verderour of the Forest of P. You shall to the utmost of your Power and Knowledge do for the Profit of the King so far as it doth appertain unto you to do You shall preserve and maintain the Antient Rights and Franchises of his Crown You shall not conceal from his Majesty any Rights or Priviledges nor any Offence either in Vert or Venison or any other thing You shall not with-draw nor abridge any Defaults but shall endeavour your self to manifest and to Redress the same And if you cannot do that of your self you shall give Knowledge thereof unto the King or unto his Justice of the Forest You shall deal Indifferently with all the King's Leige People You shall Execute the Laws of the Forest and do equal Right and Justice as well unto the Poor as unto the Rich in that appertaineth unto your Office You shall not oppress any Person by colour thereof for any Reward Favour or Malice All these Things you shall to the uttermost of your Power observe and keep The Regardatores or Rangers are by this Chapter to be Twelve at the least but by the said Eire of Pickering it appeareth there may be more for there are there set down Thirteen by name Vid. Co. Instit 4 par fol. 311. The Agistors or Gist-takers are Four in Number within every Forest Their Office you shall see more of in the Nineth Chapter And There are several others which you may see in Manwood par 2. cap. 1. nu 4 5. together with their Offices too long here to be inserted ▵ Scotales Scotale derived of two English words Scot and Ale as much as to say a Tribute or Contribution of Drinking for the Ministers of the Forest when they came to the House of any whereunto others are Contributory within the Perambulation of the Forest which then was called Potura a Drinking And after they claimed the same for all Victuals for Themselves their Servants Horses and Dogs which was called Putura And this doth notably appear by a Record in 5 E. 3. in these words Putura in Chacea de Bowland i. Consuetudo clamata per Forestarios aliquando per Ballivos hundredorum recipere Victualin tam pro seipsis hominibus equis canibus de tenentibus inhabitantibus infra Perambulationem Forestae seu hundredi quando eò pervenerint nihil inde solvend And whereas it is enacted by the Statute 25 E. 3. c. 7. above-mentioned That no Forester or Keeper of Forest or Chase c. shall make or gather Sustenance c. against any Man's Will c. but that which is due of Old Right that is those Fees which time out of mind they ought to have within that Forest and as shall appear to be due by the Oaths of Twelve Regarders or Rangers Co. Instit 4 par fol. 307. CHAP. VIII When Swanimotes are to be kept and who to Repair to them NO Swanimote from hence-forth shall be kept within this our Realm but thrice in the Year viz. in the Beginning of Fifteen Dayes afore Michaelmass when that our Gest-takers or Walkers of our Woods come together to take Agistment in our Demesne Woods and about the Feast of Saint Martin in the Winter when that out Gest-takers shall receive our Pawnage And to these two Swanimotes shall come together our Foresters Verderors Gest-takers and none other by Distress And the Third Swanimote shall be kept in the Beginning of Fifteen Dayes before the Feast of Saint John Baptist when that our Gest-takers do meet to Hunt our Deer And at this Swanimote shall meet our Foresters Verderors and none other by Distress Moreover every Forty Dayes through the Year our Foresters and Verderers shall meet to see the Attachments of the Forest as well for ▵ Greenhue as
Killed Bloody-hand i. e. When he hath Shot or Coursed and is imbrued with Blood id fol. 294. If the King or other Lord do Pardon a Trespass in a Forest and the Offendor at a Justice-Seat by his Learned Councel plead the same in the Proceeding thereupon we do observe Two things 1. That by the Law of the Forest before any Allowance thereof the Justices charge the Ministers of the Forest to enquire whether the Delinquent hath done any Trespass in Vert or Venison after the Date of the Pardon 2. When the Pardon is allowed then the Entry is Quod invenit manucaptores quod à modo non forisfac ' i. non Delinqueret aut peccaret But if an Offendor be Convicted for Trespass in the Forest in Hunting c. and adjudged to be Fined or Imprisoned which Fine though it be paid yet shall he find Sureties for his good Abearing c. in these words Quod à modo se bene geret in Foresta praedicta non forisfac ' i. non Delinqueret seu peccaret Vnde forisfactura pro delicto idem fol. 313. CHAP. XI A Nobleman may Kill a Deer in a Forest WHatsoever Arch-Bishop Bishop Earl or Baron coming to Us at Our Commandment passing by our Forest it shall be Lawful for him to Take and Kill one or two of our Deer by View of our Forester if he be present or else he shall cause one to blow a Horn for him that he seem not to Steal Our Deer And they shall do so likewise in their Return from Us as it is aforesaid We find not any Chapter or Article of this Charta de Foresta doth extend to Chases or Parks but only this Eleventh Chapter Quicunque Archiepiscopus Episcopus Comes vel Baro ad mandatum nostrum transierit per Forestam nostram c. which doth not only extend to the Forests of the King but to His Chases and Parks also For so was the Law before the Making of this Act which is but in Affirmance of the Common-Law of the Forest before this Act. Co. Instit 4. par fol. 308. First In respect of the Persons For every Lord of Parliament be he Spiritual or Temporal had this Privilege besides those that be named in this Chapter as such Abbots and Priors as were Lords of Parliaments and so of Dukes Marquesses and Viscounts who were Erected and Created afterwards being Lords of Parliament have the same Privilege also id ibid. Secondly By reason of the kind of Commandment Ad mandatum nostrum saith the Statute which words have reference to the Writ of Parliament directed to every Lord of Parliament Ideo vobis mandamus c. and is a Legal Commandment by Writ directed severally to each and every Lord of Parliament to appear at the King's Court of Parliament c. to treat De arduis urgentibus negotiis Regni Statum Defensionem Regni Ecclesiae Anglicanae concernentibus And to Recreate themselves Veniendo and after Redeundo they may passing by any of the King's Forests Chases or Parks Hunt and Kill one or two of the King 's Deer The Lords of Parliament may do it at other times ex Gratia but by Law Eundo Redeundo to and from the Parliament Thirdly Here is implyed that the Lord of Parliament may in the Absence of the Forester or Keeper after the Blowing of the Horn Kill one or two of the King 's Deer Propriis suis Canibus aut Arcu suo proprio Fourthly Here is a secret Conclusion of Law That albeit Spiritual Persons are Prohibited by the Canon-Law to Hunt yet by the Common-Law of the Land they may for their Recreation to make them fitter for the Performance of their Duty and Office use the Recreation of Hunting as here it directly appeareth And in Assisa Forestae 6 E. 1. it appeareth That the Abbot of Peterborow had a Right of Hunting in the Forest of Rockingham And this appeareth in other Statutes viz. 13 R. 2. 19 H. 7. 1 Jac. c. 27. And at this Day and Time out of mind the King hath had after the Decease of every Arch-Bishop and Bishop inter alia Matam suam Canum c. his Kennel of Hounds or a Composition See 25 H. 8. cap. 19 c. for the same which and other things are in the Exchecquer called Multa Fifthly The last Conclusion is That all Canons against the Laws or Customs of the Realm are void and of none effect CHAP. XII How every Free-Man may use his Land in the Forest. EVery Free-Man from henceforth without Danger shall make in his own Wood or in his Land or in his Water which he hath within Our Forest Mills Springs Pools Marsh-Pits Dikes or Earable Ground without inclosing that Earable Ground so that it be not to the Annoyance of any of his Neighbours The Jurisdiction of the Forest being Local the Law of the Forest hath provided That the Forest should be inclosed by Meets and Bounds which indeed are the Inclosure of the Forests For as Parks are Inclosed with Wall Pale or Hedges so Forests and Chases are Inclosed by Meets and Bounds And as a Park cannot be a Park without such an Inclosure indeed so it can be neither Forest nor Chase without an Inclosure in Law that is by Meets and Bounds Metae sunt Clausurae Forestarum Chacearum And where by the Statute 6 E. 1. c. 18. it is provided Quod omnes metae Forestae sint integrae Domino Regi that is so to be understood Quoad Jurisdictionem Imperium non quoad Dominium For if Rivers or High-Wayes be Bounds as most commonly they be yet the King hath no more Interest in the Soil Way River or Fishing than of Right he ought but only for his Jurisdiction of his Forest which extendeth over the whole Way River c. And where Mills and other Houses Trees c. of other Men and such like be Meets and Bounds of the Forests yet thereby the King hath no Interest in such Mills Houses or Trees c. See more of this in Co. Instit 4. par fol. 315. 316. Here is nothing in this Chapter so Difficult as to need Explaining CHAP. XIII How every Free-Man may use his Land in the Forest. EVery Free-Man shall have within his own Woods a Ayries of Hawkes Sparrow-Hawkes Falcons Eagles and Herons and shall have also the Honey that is found within his Woods a Aerie is in our Language the proper word in Hawkes 8 E. 3. Itin. Pick. Sir John de Melsa's Case for That we generally call a Nest in other Birds and so used here The Statute speaketh De Aëriis Accipitrum Espervorum Falconum Aquilarum Hieronum which is but in Affirmance of the Common-Law for it extendeth to Aëries of other Hawkes than be specially named as to Aëries Merleonorum in boscis suis de Levesham Co. Instit 4 par fol. 310. CHAP. XIV Who to take Chiminage or Toll in a Forest for what Cause and how
much NO Forester from henceforth who is not Forester in Fee paying to Us Ferm for his Bailywick shall take any Chiminage or Toll within his Bailywick But a Forester in Fee paying Us Ferm for his Bailywick shall take Chiminage that is to say for Carriage by Cart the Half-Year Two Pence and for another Half-Year Two Pence for an Horse that beareth Loads every Half-Year an Half-Penny and by another Half-Year an Half-Penny And but of those only that come as Merchants through his Bailywick by License to buy Bushes Timber Bark Cole and to sell it again at their Pleasure But for none other Carriage by Cart Chiminage shall be taken Nor Chiminage shall not be taken but in such Places only where it hath been used to be Those who bear upon their Backs Brushment Bark or Coal to sell though it be their Living shall pay no Chiminage to our Foresters except they take it within our Demesne-Woods Chiminage as is here expressed signifieth a Toll for Wayfarage through the Forest Crompt Jurisdic fol. 189. Manwood par 1 of his Forest-Laws fol. 86. Quietum esse de Carego cum aliquae Cartae seu Carectae cartatae Transeuntes per Forestam similiter summagia seu somagia equorum Consuet sunt solvere secundum magis vel minus Ministris ibidem pro Chemino ibidem habend Summagium or Sommagium cometh of the French word Sommier or Summier which signifieth a Horse carrying any Load Chimagium is derived from the French word Chemin a Way and as the Lord Coke sayes is a Toll for Waysaring-Men through a Forest Co. Instit 4 par fol. 306. CHAP. XV. Pardon for Out-Laws of Trespass within the Forest ALL that be Out-Law'd for the Forest only since the time of King Henry our Grand-Father until our first Coronation shall come to our Peace without Lett and shall find to us Sureties That from henceforth they shall not Trespass unto us within our Forest Here you see though the Out-Laws are Pardoned yet they are obliged Invenire Manucaptores quod à modo non forisfac ' i. non Delinquerent aut peccarent CHAP. XVI How Pleas of the Forest shall be Holden NO Constable Castellani or Bailiff shall hold Plea of Forest neither for ▵ Greenhue nor Venison but every Forester in Fee shall make Attachments for Pleas of Forest as well for Greenhue as Venison and shall present them to the Verderors of the Provinces And when they be Inrolled and Inclosed under the Seals of the Verderors they shall be presented to our * Chief Justicers of our Forest when they shall come into those Parts to hold the Pleas of the Forest and before them they shall be determined And these Liberties of the Forest we have granted to all Men saving to Arch-Bishops Bishops Abbots Priors Earls Barons Knights and to other Persons as well Spiritual as Temporal Templars Hospitallers their Liberties and free Customes as well within the Forest as without and in Warrens and other places which they have had All these Liberties and Customes We c. as it is in the End of MAGNA CHARTA and We do confirm and ratify these gifts c. as you may see there too is specified c. ▵ Greenhue Vert is whatsoever beareth green Leaf but especially of green and thick Coverts And Vert is of divers Kinds some that beareth Fruit that may serve as well for Food of Men as of Beasts as Pear-Trees Chesnut-Trees Apple-Trees Service-Trees Nut-Trees Crab-Trees c. and for the shelter and defence of the Game some called Haut-Bois serving for Food and Browse of and for the Game and for the defence of them as Oakes Beeches c. some Haut-Bois for browse and shelter and defence only as Ashes Poplers c. Of Sub-Bois some for Browse and Food of the Game and for shelter and defence as Maples c. some for Browse and defence as Birch Sallow Willow c. some for shelter and defence only as Alder Elder c. Of Bushes and other Vegetables Some for Food and Shelter as the Haw-Thorn Black-Thorn c. Some for hiding and shelter as Brakes Gorss Heath c. To Sum up all Plantarum tria sunt genera Arbores Arborescentes Herbae Arbores as Haut-Bois and Sub-Bois Arborescentes as Bushes Brakes c. Herbae as Herbs and Weeds which albeit they be Green yet our legal Viridis Greenhue extendeth not to them Co. Instit 4. par fol. 317. * The Court of the Justice-Seat hath Jurisdiction to inquire hear and determine two things 1. All Trespasses within the Forest according to the Laws of the Forests 2. All the Claims of Franchises Privileges and Liberties within the Forest as to have Parks Warrens Vivaries to be quit of Assarts and Purprestures to cut down 21. H. 7. 30. his own Woods without View of the Forester c. like-wise Claims of Leets Hundreds Felons Goods Waifs Strayes Fugitives and to kill Hares and other Beasts of Chase within the Forest or to have a Wood Infra Metas Forestae extra Regardum Forestae that is to be out of Jurisdiction of the Forest and other Franchises Privileges Liberties Immunities Freedomes c. within the Forest whereof excellent Matter is to be Read in the Eire of Pickering in 8. E. 3. Rot. 3. 1. Co. 4. Inst fol. 291. This Chief Justice may by the Stat. 32. H. 8. c. 35. make his Deputy yet all the Writs of Summons Antient and Late are Coram the Justice Itinerant Aut ejus Deputato Before any Justice-Seat be holden the Regarders of the Forest must make their Regard by Force of the King 's Writ and the Regard is Obambulare to go through and view the whole Forest and every Bailywick of the same Ad videndum inquirendum imbreviandum certificandum all the Trespasses in the Forest His Office extendeth through the whole Forest and every Part thereof to inquire of all offences concerning Vert and Venison and of all-Concealments of any Offences or Defaults of the Foresters and all other Officers of the King's Forest He is a Ministerial Officer and is Constituted either by Letters-Patents of the King or by the Chief-Justice at the Justice-Seat or to be chosen by Writ to the Sheriff id ibid. Before a Justice-Seat there ought to be preparations for the same to the end that good Service may be done there Et quod Itinera non sint umbratilia ibid sequent Note Before Scroop and other Justices in Eire according Kilway 150. 6. V. 21. H. 7. 22 30. to the Course of the Common-Law a Man Claimed to be quit of Pawnage of the King's Forest And also he Claimed in the same Forest Pawnage of his Tenant Pour Agistes And for that this belonged to the Justices of the Forest they would not meddle with it And the Reason of that is the Words of the Chapter Praesententur Capitalibus Justiciariis nostris de Foresta cum in partes illas venerint coram eis terminentur So as the Termination and Ending thereof belongeth to the Chief Justices of the Forest by the express Words of this Chapter and where it saith Coram Capitalibus Justiciariis nostris c. It is to be known That there is but one Chief Justice of the Forests on this side Trent and he is named Justiciarius itinerans Forestarum c. citra Trentam And there is another Capitalis Justiciarius and he is Justiciarius Itinerans omnium Forestarum c. Vltra Trentam who commonly is a Man of greater Dignity than Knowledge in the Laws of the Forest And therefore when Justice-Seats are to be Holden there be Associated to him such as the King shall appoint who together with him shall determine Omnia placita c. Forestae with a Patent of Si non omnes and a Writ de Admittendo c. And the Chief Justice of the Forest and these Associates are Capitales Justiciarii Forestae and named Capitales in respect of the Verderors and others that to some purposes have inferiour Judicial Places FINIS