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

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

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