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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

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 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

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