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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

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