A BREFE COLLECTION of the Lawes of the Forest: Collected and gathered together, aswell out of the Statutes & Common Lawes of this Realme, as also out of sundrie auncient Presidents and Records, concer­ning matters of the Forest.

With an Abridgement of all the principall Cases, Iudgements, & Entres, contained in the Assises of the Forestes of Pickering, and of Lancaster.

By Iohn Manwood of Lyncolnes Inne, Studient in the Lawes of this Realme.

The Preface to the matter.

THE auncient Lawes of this Realme hauing always had a speciall regard, vnto the continuall studie & care that Kings and Princes haue in great and waightie affaires of matters of Common weale, for the good of their Sub­iectes: whereby they are often times wearyed with the toyle of the same: and in respect thereof, the same lawes haue giuen vnto them diuers royall prerogatiues of most noble and princely pleasures to recreate themselues withal, to put away from them the remembrance of their laboursome toyle. Amongst which pre­rogatiues, the royall prerogatiue of the libertie of a Forest is not the least: For, a Forest both is and hath beene alwayes accompted a franchese of such noble and Princely pleasure, that it is not incident vnto any subiect of this Ralme to haue the same, but onely vnto the Crowne and royall dignitie of a Prince. And therefore there haue beene alwayes certain particular lawes differing from the Common Lawes of this Realme, that were onely proper vnto a Forest, belonging to the same for the continuance of it.

And it doth seeme that Forestes haue beene of long time, and that they are very auncient things, although, peraduenture, not in that nature that they are now vsed heere in this Realme of England. For it doth appeare, that there were Forestes, yea, euen in the verie tyme of king Dauid: King Dauid in his 50. Psalm. ver. 10. For he saith in his 50. Psalme these wordes, O Lord, I neede not to offer vnto thee burnt Sacrifices of beastes: for all the wilde beastes of the Forest are thine, and so are the Cattell vpon a thowsand Hilles: Then Ergo there were Forestes of wilde beastes in his time. And it doth also appeare by sundry auncient Histories, as in Concordantia Historiarum & others,Concordan­tia Historiar. that Forestes haue beene alwayes in this Realme, from the first tyme that the same was inhabited.Gurguntius. And also you may read there that Gurguntius the sonne of Belyn being a king of this lande, did make certaine Forestes for his delight and pleasure in Wilshire: and so haue diuers other kings also since his tyme in other places meete for that purpose: VVhich Forestes the Kings and Princes of this Realme haue alwayes mayntained and preserued, (with diuers Priuileges and Lawes appertaining to the same,) for places of pleasure and delight for their recreation.

And if it did happen that any offenders did enter into those priuileged pla­ [...], & that they did any trespas therein, then they were punished with verie [...]rp Lawes & punishments according to the lawes that then were in force, which were sharply executed, & which lawes were then altogether vncer­taine: and the offenders were punished at the Kings will & pleasure, & not by any law certaine: and those lawes & punishments were duely executed & continued by the Kings of this Realme,Canutus, a Dane, was king here in England, in Anno Do­mini 1016. vntil that Canutus a Dane came to be king of this land, which was about the yeare of our Lord 1016. who taking as great delight & felicitie in Forestes as other most noble Princes of this Realme had done before his time: He for the better preseruation & mainte­ning of those priuileged places of pleasure did establish certaine Lawes and Canons onely concerning Forests, which Lawes I haue here placed first of all in this hooke: for although that they haue beene raked vp a long time in the Embers of obliuion, yet they are worthie to be remembred againe. And be­cause that they are the most auncientest lawes that I can find concerning Fo­restes, therfore I haue placed them first of all before any others, to thend that those that shall read this booke, may both see & know what lawes there were in the beginning, concerning Forestes, and how they haue altered & chan­ged from time to time: and to that end I haue here set downe all the Statuts concerning Forestes that haue beene made since the time of the making of the said lawes, because that it may thereby appeare the more plainly how any one of them hath abrogated another, or any part thereof: by reason whereof, that which is lawe and in force at this day may the more easier be decerned and knowen.

It appeareth by the Lawes of Canutus the Dane king in his Canon the 30. that before his time, all wild beastes & birdes were onely the kings: and that no other person might kill or hurt them.Canutus Canon. 30. For the king by his royall Pre­rogatiue, his right and priuilege was such in England, that all such things that none of his subiects could challenge any propertie in, they were then said to be the Kings: as wilde beastes, byrds, & such like, in whose lands or woods soeuer they were found. Wherefore the same king made this law, Volo vt omnis liber homo pro libito suo habeat venerem siue viridem in planis suis super terras suas sine Chacea tamen, et deuitent omnes meam vbi­cunque eam habere voluero, which is: that from hencefoorth, I will (saith the king) that euery free man may take his own Ʋert & Venerie or hunting that he can gett vpon his owne ground, or in his owne feelds, being out of my Chase. And let all men refraine from my Venery in euery place where I [Page] will haue the same.The booke of the Lawes of Saint Ed­ward the Confessor. And also it appeareth in the booke of S. Edward the confessor, which booke is the verie roote and originall ground of all the aun­cient Lawes of England, that the same king Edward the confessor did con­firme the same Law in these vordes: Volo vt omnis homo sit venatione sua dignus in nemora campo & dominico suo & abstineat omnis homo a venarijs meis vbicunque pacem eos habere volo super penam vitae. And so it appeareth, that both the said kings did graunt and make this Law, that after that time it should be lawfull for euery subiect to enioye the benefite of his owne hunting that he could any way take in his owne lande or in his owne woods or feeldes, so that euery man should refraine from hunting the kings wilde beastes in his owne Forests and priuileged places for them: vpon paine of the losse of life of such an offender.William the Conqueror. Which Lawes William the Conqueror did afterwards in his time confirme, as it doth appeare in the said booke of the said Lawes, chap. 47. And also he did continue the samae all his life time.William Rufus. And after his death William Rufus his sonne in like sort continued those Lawes during his life, vntill he was slaine in new Forest as he was in hunting. And after the death of the saide William Rufus without issue of his body king Henry the first his brother succeeded him as next heire vnto the Crowne of this Realme,Henry the first. by his Charter did confirme all the said Lawes of the Forest of Saint Edward the Confessor, as it doth ap­peare in the redd booke in the Excheker called Liber Rubus, cap. 1. Liber Ru­brus cap. 1. Le­gum suarum, and also in the second Charter of the said book of the Lawes of the Forest in these wordes, Forestas vero Communi assensu omnium Baronum meorum in manu mea sic retinuo sicut pater meus eas reti­nuit. And then afterwards in the 18 Chapter of the said Booke, the plees of the Forest are there specified and rehearsed in these wordes, Placita quo­que Forestarum satis sunt in commoditat' valliat' sicut de assertis de Cessione de venatione de cumbustione &c. VVhich Lawes of the Forest afterwardes did more and more increase, and so did continue during all the life of the said king Henrie the first. And after his decease,King Steuen. king Steuen by his Charter did confirme all the said Priuileges, Lawes, & Customes made and graunted by Saint Edward the Confessor, and also by king Henry the first his vncle, as it appeareth in the booke of the said Lawes. All which said Lawes and Customes the said king Stenen did continue all his life. And after his decase king Henry the second succeeding him as next king of this Realme,King Henry the second. by his generall Charter did confirme the said Lawes of the Forest in most things, & principally concerning the beginning of Carta de Foresta.

For in the first booke of his Lawes made in the 19. yeare of his raigne, Chap. 16. he rehearseth and declareth the Lawe of the Forest, and the very nature of that, and doth farther shewe there, how that the Lawes of the Fo­rest do varie and differ from the Common Lawe of this Realme, as it doth appeare in the said redd Booke in the Excheker in these wordes, Sane Fore­starum, lex, ratio pena quoque vel absolutio delinquentium siue pecu­niaria fuerit siue corporalis scorsum ab aliis regni ludicijs secernuntur & folius regis arbitrio seu cuiuslibet familiaris ad haec specialiter depu­tati subijcitur, legibus quidem proprijs subsistit, quas non lure com­muni sed voluntaria principum Institutione subnixasse debent, adeo vt per legem eius factum fuerit non Iustum absolute, sed Iustum secun­dum legem Forestae dicatur, quia in Forestis penetralia regum sunt & corum maximae deliciae ad has quidem venandi causa Curis quando (que) accedunt, vt modica quiete recreentur. And afterwards in the twelfth Chapter of the same booke, there doth followe another sentence concerning the lawes of the Forest in these wordes, In singulis Comitatibus Foresta regis non est, sed in nemorosis vbi ferarum latibula sunt & vberior pa­stura, nec interest cuius sunt nemora siue enim regis siue regni procerū liberos tamen & indemnes habeat ferae Circum (que) discursus: So that by those texts before rehearsed, it doth appeare how the Lawes of the Forest were taken and vsed in times past, and by those wordes, Nec interest, cu­ius sunt nemora &c. It is plainly shewed that the king then might & yet may also make a Forest in euery place where he pleaseth, aswell in the landes and inheritance of any of his subiectes as in his own demeasne lands and in­heritance, which was a great losse and hinderance to those that were owners of those lands that were so afforested. For after the same was so afforested, their pastures and profits of their lands was deuowred by the wilde beastes of the king without any recompence for the same to be made vnto them. And this lawe of afforesting of the landes and inheritance of other men did then daily so increase, that the same was thought a very extreme heauie burthen, aswel vnto noble men and gentlemen, as also vnto the poore comminaltie of this Realme to beare: for that they might not inclose their land, nor improue the same to their best profite that was so afforested by the king. But they were forced to suffer their said lands aforested to lye open and not inclosed. And if any of them did chaunce to offend against the Assises or Lawes of the Forest, the punishment was sometimes verie great for a small offence: and the [Page] forfeitures for the same, according to the will and pleasure of the king, and not according to the quantitie of the trespas, nor yet according to the course of the Common lawe of this Realme. And this law did continue during the life of king Henry the second. And after his decease, the same conti­nued likewise during the raigne of king Richard the first. And then after his desease, likewise during the raigne of king Iohn. Richard the first. King Iohn And euery one of the saide kings did daily increase and make more newe Forestes and more in the lands of their subiectes, to the great hinderance and impouerishing of their subiectes.

And this mischiefe was not at all remedied vntill the making of the Charter of the liberties of the Forest,Henry the third. which was made by king Henry the thirde. And afterwardes the same Charter was confirmed and enlarged by king Edward the first his sonne: which Charter was made for the pacifying of the Comminaltie of this Realme that then were much agreeued at this mischiefe.Edward the first. And therefore the same Charter called Carta de Foresta euen in the verie first Article of the same did prouide a remedie in that behalfe in these wordes, Omnes Forestae quas Henricus auus noster aforestauit videantur per bonos & legales homines et si boscum aliquem alium quam suum dominicum afforestauerit ad damnum illius cuius boscus ille fuerit statim deaforestentur &c. By which branch of the said Char­ter, you do see, that all Forestes that king Henry the third had made of the lands of any of his subiects, which were not the kings owne demeane landes, are here appointed to be disaforested againe.

And againe, in the third Article of the said Charter of the Forest, there is the verie like remedie and prouision, that all such Forestes which king Ri­chard the first and also king Iohn had aforested and made of the landes or woodes of any of his subiectes, being not the demeasne landes of the Crowne, that then all those landes and woods should be disaforested againe: For these three kings, that is to saye, king Richard the first, king Iohn, and Henry the thirde had then newly aforested so much of the landes of their subiectes, that the greatest part of this Realme was then become Forest.

And because the mischiefes, inconueniences, and burthens that were then layde vpon the Comminaltie of this Realme, were verie great and hea­uie, by the meanes of the Lawes of the Forest: therefore the said Charter of the Liberties of the Forest, hath now moderated the extremenesse of those Lawes in a more mylder order, as you may perceiue by the same.

For he that doth attentiuely read and examine the whole Charter of the Forest, and euery Article therein, may thereby partly perceiue how harde and sharpe the lawes of the Forest were in tymes past before the graunting of the same Charter: And also what inconueniences the inhabitants in Fo­restes did then indure & suffer, by reason of the Forest lawes: all which are now prouided for, and in a measurable maner remedied, as you may perceiue by the examination of euery Article of the said Charter. And whereas the same Charter did allow or suffer any thing that hath since that time beene thought to be ouer harde or sharpe: the same hath since againe beene mode­rated, as you may here perceiue by those Statutes that haue beene made since that time: So gracious and mercifull haue the Noble Princes of this Realme beene towardes their louing Subiectes: So that now at this day, al­though that the lawes of the Forest are of themselues verie mylde, gentle & mercifull lawes towards the Subiects of this Realme, ouer that they haue beene in times past. Yet notwithstanding, we do at this present liue vnder the gouernement of so gratious and mercifull a Queene, that her clemencie in the execution of those lawes, is much more greater than the fauour & cle­mencie of the Lawes themselues: VVhose long life, prosperous raigne, and most happie dayes, GOD of his mercifull goodnes grant long to continue, to the great comfort of all good Christian Subiectes. Amen.

Carta de Foresta, of king Canutus a Dane and a King of this Realme, graunted at a Parliament holden at Winchester in the yeare of our Lord 1016. as followeth.

Incipiunt constitutiones Canuti Regis de Foresta.

HAE sunt sanctiones de Forresta, quas ego Ca­nutus Rex cum consilio primariorum homi­num meorum Condo & facio, vt cunctis regni nostri Angliae Ecclesijs & pax & Iustitia fiat, & vt omnis delinquens secundum modum de­licti, & delinquentis fortunam patiatur.

1 Sint iam deinceps quatuor ex liberalio­ribus hominibus qui habent saluas suas debitas consuetudines, [Quos Angli Paegened appellant] in qualibet regni mei prouin­cia constituti,Pegened. These foure chiefe men are those that now are called the Verder [...]rs. For they are foure cheefe men of the Forest as they we [...]e then: and they do execute the same place: and they haue the same aucthoritie in most things that these cheefe men had then. ad Iustitiam distribuendam vna cum pena merita & materijs Forrestae cuncto populo meo, tam Anglis quam Da­nis per totum regnum meum Angliae, quos quatuor primarios Forrestae appellandos Censemus.

2 Sint sub quolibet horum,Lespegend. These seeme to be these men that now are called the Regarders: for they haue the same office & authoritie that they had. Ealdermen. quatuor ex mediocribus homi­nibus [quos Angli Lespegend nuncupant, Dani vero yong men vocant] locati, qui curam et onus tum viridis tum veneris susci­piant.

3 In administranda autem Iusticia nullatenus volo vt ta­les se intromittant: mediocres (que) tales post ferarum curam sus­ceptam, pro liberalibus semper habeantur, quos Dani Ealder­men appellant.

[Page 2]4 Sub horum iterum quolibet sunt duo minutorum homi­num quos Tineman Angli dicunt,Tine man. These are they that now are called Forresters or keepers. Here you may note both their Office, auctoritie, and beginning. hi nocturnam curam & ve­neris & viridis tum seruilia opera subibunt.

5 Si talis minutus seruus fuerit, tam cito quam in Forresta nostra locabitur, liber esto, omnes (que) hos ex sumptibus nostris manutenebimus.

Michni. Here you may see what allo­wance a Ver­deror had by the yeare of the King for his fee.6 Habeat etiam quilibet primaliorum quolibet Anno de nostra warda quam Michni Angli appellant, duos equos, vnum cum sella allerum sine sella, vnum gladium, quinque lanceas, vnum Cuspidem, vnum scutum et ducentos solidos argenti.

A Regarders fee by the yeare.7 Mediocrium quilibet vnum equum, vnum lanceam, vnum scutum et, 60 solidos argenti.

A Forester his fee by the yeare.8 Minutorum quilibet, vnam lanceam, vnam arcubalistam & 15. solidos argenti.

9 Sint omnes tam primarij, quam mediocres, & menuti, im­munes, liberi, et quieti ab omnibus prouincialibus summoniti­onibus,Hundred Lawe. All the offi­cers of the Fo­restate to be acquited of paying of any tribute or taxe, and of all Summons & forreine plees. et popularibus, placitis, quae Hundred Laghe Angli di­cunt, et ab omnibus armorum oneribus quod Warscot Angli di­cunt et Forincesis querelis.

All the offi­cers of the Fo­rest are to be corrected and punished by the Verderors the Forest.10 Sint mediocrium et minutorum causae et earum correcti­ones tam criminalium quam ciuilium per prouidam sapientiam et rationem primariorum Iudicatae et decise: Primariorum vero enormia si quae fuerint [ne scelus aliquod remaneat multum] nosmet in ita nostra regali puniemus.

[Page 3]11 Habeant hi quatuor vnam regalem potestatem [salua nobis nostra presentia] quater (que) in Anno generales forestae de­monstrationes et viridis et veneris forisfactiones quas Muche­hunt dicunt,Muchhunt. The Verderors haue regalem potestatem. Gang fordel. vbi teneant omnes calumniam de materia aliqua tangente Forestam,They may procede to a threefold Iudgment. Purgatio ignis. Triplex ordelia. eant (que) ad triplex Iudicium quod Angli of Gangfordel dicunt. Ita autē acquiratur illud triplex Iudicium. Accipiat secum qumque et sit ipse sextus et sic iurando acqui­rat triplex Iudicium, aut triplex Iuramentum Sed Purgatio ig­nis nullatenus admittatur nisi vbi nuda veritas nequit aliter in vestigari.

12 Liberalis autem homo .i. Pegen, Pegen. A freeman may haue an­other to swear for him. Forathe. modo crimen suum non sit inter mariota, habeat fidelem hominem qui possit pro eo iu­rare iuramentum .i. Forathe: si autem non habet ipsemet iuret, nec pardonetur ei aliquod iuramentum.

13 Si Aduena vel Peregrinus qui de longinquo venerit sit calumpniatus de Foresta,How a straun­ger shall bee delt with all. et talis est sua inopia vt non possit ha­bere plegium ad primam calumniam qualem * nullus Anglus iudicare potest: tunc subeat captionem regis et ibi expectet quo­usque vadat ad iudicium ferri et aquae: attamen si quis extraneo aut Peregrino de longe venienti.If a staaunger being an of­fender shal be hurt, he that doth hurt him shall haue his Iudgment executed vpon him. * sibi ipsi nocet si aliquod iudi­cium iudicauerint.

14 Quicunque coram primarios homines meos Forestae in falso testimonio steterit et victus fuerit,Hee that doth beare false wit­nes before a Verderor, is di­sabled to be a witnes any more, and he shall paie to the King ten shillinges. non sit dignus im­posterum stare aut portare testimonium, quia legalitatem suam perdidit, et pro culpa soluat Regi decem solidos quos Dani vo­cant Halfe-hang alias Half-hang.

15 Si quis vim aliquam primarijs forestae meae intulerit,If any man do offer force to a Verderor, if he be a free­man, he shall lose his freedome, and all that he hath. And if he be a villeine, he shall lose his right hand. si liberalis sit amittat libertatem et omnia sua, si villanus abscin­datur dextra.

[Page 4] If such an of­fendor do of­fend so againe, he shall lose his life.16 Si alteruter iterum peccauerit reus sit mortis.

Pere & pite. If any man do contend with a Verderor in suite, he shall forfeit to the King as much as he is worth, and to the Verderor 40. shillings.17 Si quis contra autem cum primario pugnauerit in plito, emendet secundum pretium sui ipsius quod Angli Pere & Pite dicunt, et soluat primario quadraginta solidos.

Gethbrech. He that doth breake the peace before a Regarder, shall pay to the King 10. shillings.18 Si pacem quis fregerit ante mediocres Forestae quod di­cunt Geth-brech emendet Regi decem solidis.

If a Regarder do strike one in his anger, he shal forfait as if he had killed a Royal beast.19 Si quis mediocrium aliquem cum ira percusserit, emen­detur prout interfectio ferae regalis mihi emendari solet.

He that is ta­ken offending in the Forest, shall be punished according to his offence.20 Si quis delinquens in Foresta nostra capietur penas li [...]et secundum modum et genus delicti.

Ealderman. The punish­ment of him that is a free­man, and of him that is not a freeman. The punish­ment of a Maister, and of a Seruant: of a man knowen, and of a man not knowen: of criminall causes, and ciuil causes: Of beastes of the Forest, and of real beastes, shall not be all one. Hunting is one of the greatest offences in the Forest The offence in Vert is but small in this time: But yet it is an offence, for it is a breach of the free chase.21 Pena et forisfactio non vna eadem (que) erit liberalis [quem Dani Ealderman vocant] et illiberalis: Domini et serui: noti et ignoti: nec vna eademque erit causarum tum ciuilium tum cri­minalium, ferarum forestae, et ferarum regalium: viridis et vene­ris tractatio: nam crimen veneris ab antiquo inter maiora et non inmerito numirabatur: viridis vero (fractione chaceae nostrae re­galis excepta) ita pusillum et exiguum est, quod vix ea respicit nostra constitutio: qui in hoc tamen delinquerit, sit criminis Forestae reus.

22 Si liberaliquis feram forestae fugerit, siue casu, siue pre­habita [Page 5] voluntate, ita vt cursu celeri cogatur fera anhelare,He that doth hunt a wilde beast, & doth make him paunt, shall pay 10. shillings. If he be not a freeman, then he shall pay double. If he be a bond man, he shall lose his skin. decem solidis Regi emendet, si illiberalis dupliciter emendet, si seruus careat corio.

23 Si vero horum aliquot interfecerit,The punish­ment for kil­ling a deare Staggon. The punish­ment for hun­ting a Staggon Frendlesmā. The punish­ment of him that doth kill a wilde beast which is a roy­all beast. soluat dupliciter et per soluat, sit que pretij sui reus contra Regem.

24 Sed si Regalem feram quam Anglia Staggon appellant alter vter coegerit Anhelare, alter per vnum Annum, alter per duos Careat libertate naturali: si vero Seruus, pro vt legato ha­beatur quem Angli Frendlesmam vocant.

25 Si vero occiderit, a mittat liber scutum libertatis, si sit illiberalis careat libertate, si seruus vita.

26 Episcopi,Bishops, Ab­bots, and Ba­rons may hunt all beastes of the Forest that are not royall beastes. Abbates et Barones mei non calumnibuntur pro venatione, si non regales feras occiderint, & si regales resta­bunt rei Regi pro libito suo, sine certa emendatione.

27 Sunt aliae (preter feras forestae) Bestiae que dum inter sep­ta et sepes Forestae continentur, emendationi subiacent:There be som wilde beastes (besides the wilde beastes that are pro­perly beastes of the Forest:) that so long as they are re­maining with in the bounds of the Forest, the hurting of them is punishable by the Lawes of the Forest, such are wilde Goates, Hares, and Connies. And there be diuers other beastes which al­though they do liue within the Forest, and they be vnder the charge of the Regarders, yet they cannot be accounted beastes of the Forest: Such are wilde Horses, Bugalles, Kine, & such like Foxes & Wolues are not accounted beastes of the Forest, nor of Venerie, and therefore the killing of them shall not yeeld any recompence. quales sunt capreoli Lepores, et Cuniculi. Sunt et alia quam plurima animalia que quanquam infra septa Forestae viuunt, et oneri et curae mediocriū subiacent, Forestae tamen nequaquam cen­seri possunt, qualia sunt equi, Bubali, Vaccae et similia. Vulpes et Lupi, nec Forestae nec veneris habentur, et proinde eorum in­terfectio nulli emendationi subiacet.

Si tamen infra limites occiduntur, fractio sit regalis chaceae, et mitius emendetur.Bubali olim in Anglia. Yet notwithstanding, the killing of them within the boundes of the Forest is a breach of the Kinges Roiall free chase, and therefore the offendor shall for the same yeeld a recompence. A wild Beare, althought he be a beast of the Forest, yet he is in no wise accounted a beast of Venerie. Aper vero quanquam Forestae sit nullate­nus tamen Animal veneris haberi est assuetus.

Vert in the Kings Wood.Bosco nec subbosco nostro sine licentia primariorum Fo­restae nemo manum apponat, quod si quis fecerit reus sit fracti­onis regalis chaceaeNo man may lay his handes vpon the Kings demeasne Woods without licence of the verderor: for if he doe, he shall be aiudged gilty of the breach of the Kings free chase Roial: euery tree in the Kings Woods is Vert.

Vert in an o­ther manns Wood.29 Si quis vero I licem aut arborem aliquam qui victum feris suppeditat sciderit, preter fractionē Regalis chaceae, emen­det Regi viginti solidis.If any man do cutt downe a Holly Tree, of any other Tree in the Forest which doth beare Frute for foode for the wild: Beastes: besides the breach of the free chase Roiall, he shall paie twenty shillinges to to the King for a recompence.

30 Volo vt omnis liber homo pro libito suo habeat vene­rem siue viridem in planis suis super terras suas,By this Lawe it doth ap­peare, that be­fore that time, all wild beasts were the Kinges, wheresoeuer they were out of the Forest. And therefore the King made this Lawe, that euery man might take his Venery in his owne ground: so that they did refraine from the Venery of the King in his Forest. sine chacea tamē. Et devitent omnes meam, vbicunque eam habere voluero.

31 Nullus mediocris habebit nec custodiet Canes quos Angli Grey-hunds appellant.Greyhound. Liberali vero dum genuiscissio eo­rum facta fuerit coram primario Forestae licebit,No mean per­son, or Regar­der, may keep any grehoūds, but freemen may keepe Greyhounds so that their knees be cut before the Verderors of the Forest and without cutting of their knees also, if they doe abide ten miles from the boundes of the Forest. But if they doe come any nearer to the Forest, they shall paie twel [...]e pence for euery mile: but if the Greyhounds be found within the Forest, the maister or owner of the Dogg, shall forfeit the Dogg, and the same dog & ten shillings shall be forfeited to the King. aut sine genu­iscissione dum remoti sunt a limitibus Forestae per decem Milli­aria: quando vero proprius venerint, emendet quodlibet Miliare [Page 7] vno solido. Si vero infra septa Forestae reperiatur, dominus ca­nis forisfaciet et canemet decem solidos Regi.

32 Ʋelteres vero quos langeran appellant quia manifeste constat in ijs nihil este periculi,Ʋelter lan­geran. cuilibet licebit sine genuiscissio­ne eos custodire. Idem de canibus quos Ramhundt vocant.Ramhundt. What Doggs a man may keepe in the Forest. These little Doggs called Velteres, and such as are called Ram-hundt, all which Dogges are to sit in ones lap, they may be kept in the Forest, because in them there is no daunger, and therfore they shal not behoxed, or haue their knees cutt: but althought they be lawfull Doggs, they must be lawfully vsed and kept as it doth appeare by the next Canon.

33 Quod si casu inauspicato huiusmodi canes rabidi fiant et vbique vagantur negligentia dominorum, redduntur illiciti,The price of a meane man. If by misfor­tune such a kinde of Dogs doe become so madd & sauag and do runne vp and downe euery where, by the negligence of their maister, and so do become vnlawful, then the owner must yeeld a recompēce to the King for their vnlawfulnes If they be found within the circuit of the Forest: then the maister of such Doggs must be sought out, and he shall yeeld recompence according to the estimation of a meane man, which according to the auncient Lawe is ten poundes. et emendetur Regi pro illicitis &c. Quod si intra septa Forestae reperiantur talis exquiratur herus, et emendet secundum preci­um hominis mediocris, quod secundum legem merimorum est ducentorum solidorum.

34 Si Canis rabidus momorderit feram,The price of a freeman. tunc emendet se­cundum precium hominis liberalis quod est Duodecies solidis Centum. Si vero fera regalis moi sa fuerit,If a greedy ra­uening Dogg doe bite a wild beaste in the Forest, then the owner shall yeeld recompence for the same, according to the price of a freeman, which is twelue-times a hundred shillings. But if he doe byte a Royall beast, then he shall be guilty of the greatest offence. reus sit maximi crimi­nis.

And these are the Constitutions of Canutus, concerning the Forest: very barbarously translated out of the Danish tong into Lattin, by those that tooke the same in hande. Howbeit, as I finde it, so I set it downe, without any alteration of my Copie, in any iote or title: which for the more ease, pleasure, and better vnder­standing of them that shall reade these auncient Lawes of King Canutus, I haue heere translated them out of Latin into English verbatim, as neere as in sence the same may be made to agree to­gether, as heareafter followeth.

Here beginneth the Lawes of the Forest, of King Canutus.

THese are the Lawes of the Forest, which I King Canutus with the Counsell of my cheefe men do make and establish, to that end that Peace & Iustice might be ministred to all congre­gations of our Realme of England: and that euery man that doth offend, may be punished according to the manner of the offence, and of him that doth offend,

1 Nowe from hence foorth, let there be foure men of the best account, which haue their frée customes & duties serued (which Englishmen do call Pegened, appointed throughout the Pro­uince of my realme to administer Iustice to al my people through­out all my Realme of England, as well to Englishmen as to Danes, together with condigne punishment for the offences of the Forest: which foure men of the Forest, we haue determined to call them Primarios, that is to saie, the cheife men.

2 Let there be vnder euerie one of those foure cheife men of the Forest, foure meane men placed, which Englishmen call Les­pegend, but Danes do call them yong men: which shall take vpon them the charge and burthen, both of Vert and Venison.

3 But in the execution of Iustice, I will that in no wise such foure cheife men, doe let in or suffer such meane men to ioyne with them therin. For after that they haue taken vpon them the charge of the wilde beastes, they shal alwaies be accounted for freemen, [Page 9] which the Danes doe call Eldermen.

4 Againe, vnder euery one of these meane men, let there bee two of the least men of account of the Forest, (which Englishmē do call Tyne-men,) these persons shall vndertake the seruile la­bour, and also the night charge of Vert and Venison.

5 If such a seruile officer shall fortune to be a bondman, so soone as he shall be placed in our Forest, let him be made Frée of his bondage: & all these persons we will maintaine of our owne costes.

6 And also, euery one of the saide foure cheefemen, shall haue for euery yéere of our allowance, (which the Danes doe call Mi­chni,) two Horses: one of them with a Saddell: an other of them without a Saddell: One Sworde .5. Iauelins, one speare, one shilde, and x.li. in money.

7 And euery one of our said meane men, shall haue for euery yeare one Horse. one Iaueline, one shilde and iii.li. in Money.

8 And euery one of the saide seruile persons, shall haue for euery yéere, one Iaueline, one Crosbowe, and xv. shillings of money.

9 Let aswell all the saide foure cheefe men, as also the saide meane men, and the foresaide seruile officers be exempted and dis­charged from paying of any tribute, & also fréed and aquited from al prouincial sommons, and popular plees, which Englishmen do cal Hundred laghe: and also from all charges of Armoure, which Englishmen do call Warscot, and also from forein sutes.

10 The causes & offences of these meane men & seruile per­sons: & the correction of them, as wel such causes & offences as are Criminall, as thosé that are Ciuil, shal be adiudged & decided by the prouident wisdome and discretion of those foure chéefe men: but the offences of those foure chéefe men, if any shal fortune to be, lest that any haynous offence should remaine vnreuenged, Wee our owne selfes shal punish the same in our Royall displeasure.

11 These foure cheefe men, shall haue one Roial authoritie (sauing vnto vs our owne Roial presence:) and foure times in the yéere they shall keepe theire generall Sessions or Plées of the [Page 10] Forest, & all forfeitures, as well of Vert, as of Venison: (which Englishmen do call Much-hunt,) where they shall hold Plee of any matter concerning the Forest. And they shall proceede to a thrée folde Iudgement, which Englishmen do call of Gangfar­dell: and this thréefolde Iudgement is thus to be had. Hee that is accused, must take with him selfe fiue other persons, and himselfe must be the sixt person: and so in swearing he shal haue a thréefold Iudgement, or thréefolde oath. But for any person to haue his triall or purgation by Fier, is in no wise to be allowed or admitted, except it be where the manifest trueth cannot otherwise be found out.

12 But a fréeman, which Englishmen (call Pegen) hauing his offence depending: although he bee not within the com­passe of the Seas, yet hee may haue a trustie or faithfull friend that may sweare his oath for him: (which Englishmen call Fo­reath,) but if he haue not such a trustie man to sweare for him, he him selfe shall sweare the oath, neither shall he be pardoned for any oath.

13 If a straunger, or pilgrime, which hath come from a far Contrey, be accused of the offence of the Forest: and his pouerty is such that he cannot haue a Pledge, such as he ought to haue: at the first accusation no Englishman may adiudge him therof: then he must indure the Kinges imprisonment, and there remaine vn­till he may procéed forward to iudgement of the Iron, and Wa­ter. And yet notwithstanding, if any person do hurt vnto him that is such a straunger or pilgrime, comming from a far Countrey: if those foure cheefe men shal determine any iudgement against the same stranger, the same Iudgement shall be vnto him that did hurte the same straunger.

14 Whosoeuer shall beare false witnes before my said foure cheefe men of the Forest, & shal be conuicted thereof, afterwardes he is not worthy any more to be allowed a witnes, or to beare any witnes, for because he hath lost his ability therin, & for that offēce he shal paie vnto the King ten shillinges: which the Danes do call Halfeshang, alias Halshang.

[Page 11] 15 If any man shall offer any force to my said cheefe men of my Forest, if he be a fréeman that shal so offend, he shall lose his li­bertie or fréedome, and all that he hath: but if he be a bondman, then his right hand shalbe cutt.

16 But if either of them shall offend againe, then he shal be adiudged gilty of death for the same.

17 But if any man shall contend in sute with any one of our cheefe men aforesaide against him, then he shall make re­compence for the same to the King, according to the worth of him selfe, which Englishmen do call Pere et Pite: and also shall paie vnto our cheefe man for the same fourty shillinges.

18 If any man shall breake the peace of the King, in the pre­sence of our meane men of the Forest aforesaide, (which English­men do call Geth-brech: he shal yéeld recompence to the King for the same, ten shillinges.

19 If any of our meane men aforesaid with his wrath shall strike any man, let him make such recompence to the King for the same, as was acustomed to be made to me for the killing of a roial wilde beast.

20 If any man be taken offending in our Forest, it is conue­nient for him to be punished, according to the maner and kind of his offence.

21. The punishment of a fréeman (whom the Danes do call Eldermen, shal not be one and the selfe same punishment of a man that is seruile, or not frée: Of a seruant and a maister: Of a man that is knowen, and of him that is not knowen: Nor the punish­ment of Criminall causes, & of Ciuil causes shalbe one, and the self same: Nor of wilde beasts of the Forest, & royall wild beasts: nor the destroying of Vert & of Venison. For the offence of Veni­son or hunting, not vnworthely haue bene accounted amongest the greatest offences of the Forest, euen of auncient time. But the offence of Vert (except it be for the breach of our Roiall frée chace,) it is so little, and of so smal an account, that this our Con­stitution or Law, doth scantly respect the same. Yet notwithstan­ding, he that shall offend in this offence, let him be accounted gilty [Page 12] of an offence of the Forest.

22 If any fréeman shall chase away a Dere, or a wilde beast out of the Forest: whether the same were done by chaunce, or of a set purpose, so that thereby the wilde beast is forced by swift running to lyll out the tong, or to breath with his tong out of his mouth: he shall paie to the King ten shillings for amends for the same offence: but if he be a seruile person, then he shall double the same recompence: but if he be a bondman, then he shall lose his Skinne.

23 But if any of these men shall kill a wilde beast of the Fo­rest, let him paie double recompence for the same: and also let him paie besides, euen to the vttermost valew that he is worth: and he shal be accounted as an offender against the King.

24 But if either of them shall chase a Roiall wilde beaste of the Forest (which Englishmen doe call a Stagon:) and thereby shall force him to hang out the tounge with swifte running, then the one of them which is a fréeman, shall lose his naturall libertie for one whole yéere: and the other of them that is not a fréeman shall lose his naturall libertie for two whole yeeres. But if he be a bondman, then afterwards hee shall bee taken for an out-law, (which Englishmen do call Frendlesman.)

25 But if a freeman shall slea a wilde beaste, he shall lose the defence of his libertie, but if he be not a Freeman, then he shalbe imprisoned: but if he be a bondman, then he shal lose his life.

26 My Bishops, Abbottes, and Barons, shall not be accu­sed for hunting, if they do not kill wild beastes that be Roial beastes: but if they doe kill Roiall beastes of the Forest, then they shall depend vpon the King for his determination of that matter, without any certaine fine.

27 Besides the wilde beastes of the Forest, there are other wilde beastes, which so long as they are remaining within the bandes and limittes of the Forest, they are subiect to the punish­ment of the Lawes of the Forest, such are wild Gotes, Hares, and Conies. And there are also diuers other wilde beastes, which al­though they do liue and remaine within the bounds and limits [Page 13] of the Forest, & are subiect to the charge & burthen of the Regar­ders of the Forest, yet they cannot be accounted or takē to be of the Forest: such are wilde Horses, Bugalls, wilde Kine, and such like. Foxes and Wolfes, are not accounted beastes of the Forest, nor of Venerie, and therefore the killing of them is not subiect to any re­cōpence for the same: yet notwithstanding, if they be killed within the boundes of the Forest, it is a breach of the Kings Roiall free chase, and for that cause the offendor must make a recompence: but a wilde Beare, although he be of the Forest, yet he is not accu­stomed to be accounted a beast of Venerie.

28 No man shal laie his hande to our great Wood, or vnder­wood, within our demeanes, without licence of our verderors, or cheefemen of the Forest, the which if any man shall doe the con­trarie, he shalbe gilty of the breach of the Kinges Roial frée chase.

29 But if any man shall cut downe a Holly Trée, within the Forest, or any other Tree which doth beare frute or foode for the wilde beastes of the Forest, he shall paie vnto the King twentie shillings for amendes or recompence, ouer and besides the breach of the Kinges Roial free chase.

30 I will that euery freeman may take Vert and Venison at his owne pleasure, vpon his owne ground in his owne Plaines, or Fildes, being without my free chase: but euery man must re­fraine from my Venery, wheresoeuer I will haue the same.

31 None of the meane men shall haue or keepe any Doggs (which Englishmen doe call Grey-hounds: but it is Lawfull for a freeman to haue and keepe Grey-hounds when they are hoxed, that is to say, that they shall haue their knees cut before a Verde­ror of the Forest. And it is Lawfull for freemen to keepe Grey-hounds without cutting of their knees when they doe dwell with­out the Forest, and from the bounds of the Forest ten miles dis­tant, but when they doe come nearer to the Forest then ten miles, they must paie a recompence vnto the King, for euery mile a shil­ling. But when those Grey-hounds be founde within the bounds of the Forest, the owner of the Dogg shall forfeit both the same Dogg, and also ten shillings to the King.

[Page 14] 32 But it shal be lawful for euery bodie to keepe little Dogs called Velters (that is to saie little houndes, which Englishmen doe cal Langeran,) without cutting of their knees, because it doth manifestly appeare that there is no danger of them: and the same is of little dogges called Spanels, which Englishmen doe call Ramhundt: but this is ment of those that are so little, that they may sit in a mans lapp.

33 If that such doggs by misfortune doe become madd or wilde, and do runne about euery where by the negligence of their maister, and doe become vnlawfull: then the owner of the same doggs shall paie a recompence to the King for their vnlawfulnes. If that they be founde within the boundes of the Forest, such a maister must be sought out, and he must paie a recompence to the King for the same according to the valewe of a meane man, which according to the auncient Lawe, is ten poundes.

34 If a greedy rauening dogg shall bite a wild beast, then the owner of the same dogg shall yeeld a recompence to the King for the same, according to the valew of a freeman, which is twelue times a hundred shillings. If a Roial beast shall be bitten, then the owner of the dogg shalbe gilty of the greatest offence.

And note that in the aforesaide Canon the Eleuenth: there is mention made of Purgatio ignis: which manner of triall by Fier, I thinke is very darke to many, that almost haue neuer heard of it: for that it is nowe long since the same was in any great vse in this Land of England: and yet it doth séeme by diuers Auncient writers,Holanshed, in his description of Britaine, fol. 98. that in times past, it was a commen vsage to trye men whether they were gilty of any offence or not, by the Ordalian Lawes, as it doth appeare by Holanshed his Chronacle in the description of Brittaine Fo 98. in (a) side Columb the first in fine ibidem where it is written thus as it followeth.

THE Ordalian Lawe (saith the aforesaid Author) was a cer­taine manner of Purgation vsed two wayes,Vide Graf­ton. pag. 180 That Emma the mother of King Edward the Confessor was accused of the death of her sonne, for which shee was adiudged by Robert By­shop of Caunterburie, to her tryall, by the Ordalyan Lawes, and so shee was ledd blyndfold between two men, to passe ouer 9. Plough-shares which were glowing redd hote: and (as Chronicles do report) shee did passe ouer them barefooted without hurt, before shee thought shee had beene come to them. Whereof the one was by Fier, the other by Water. In the Execution of that which was done by Fier, the partie accused should goe a cer­taine number of paces with an hote peece of Iron in his hande, or els bare footed vppon certaine Plough-shares redd here accor­ding to the manner. This Iron was some time of one pound weight, and then was it called Single ordalium: some times of three, and then was it named Treble ordalium. And whosoeuer did beare or tread on the same without hurt of his bodie, he was adiudged giltlesse, otherwise if his skinne were scorched, he was forthwith condemned as guilty of the trespasse wherof he was ac­cused.

There were in like sort two kindes of triall by the Water,Note that these Lawes were long be­fore the Con­quest, and did continue vntil the time of King Iohn, and then he did banish them, as Poli­dor Virgil, Holanshed, & Supplimen­tum Croni­corum do witnesse. that is to say, either by hott or cold: and in this triall, the party thought culpable, was either tombled into some Pond or huge vessell of cold water, wherein if he continued for a season without wrestling or strugling for life, he was foorthwith aquited as gilt­lesse of the fact whereof he was accused: but if he began to plunge and labour once for breath, immediatly vpon his falling into that liquor, he was by and by condemned as guilty of the crime. Or els he did thrust his arme vp to the shoulder into a lead, Copper, or Caldren of seething water, from whence if he withdrew the same without any manner of damage, he was discharged of farder mo­lestation: otherwise he was taken for a trespasser, & punished ac­cordingly. The Fiery manner of purgation belonged only to no­ble men and women, and such as were free borne: but the hus­bandmen & Villaines were tried by water. The praiers, cerimo­nies, holy vestures, masses, and all things that were vsed in the execution thereof, you may see at large in Hollandshed his de­scription of Brittaine. fol. 98. 99. & 100.

In what time Canutus made these Lawee.THis Canutus was King of England in the yeare of our Lorde 1018. and William the Conqueror was King of England in the yeare of our Lord 1067. which is by computation iust 49. yeares before the Conquest that these Lawes were made:The antiqui­tie of Forest Lawes. which also is nowe in this yeare of our Lorde 1592. iust 574 yeares since the making of these Lawes of King Canutus, which is verie auncient: and yet it doth seeme that Forestes themselues are much more auncienter than these Lawes are. For it doth appear that Forestes were long before Christ his time, as the Scrip­ture doth testifie in the second booke of Kinges Cap. 19. The antiqui­tie of Forestes. ver. 23. in these words: I will go into the lodgings of his borders, and into the Forest of his Carmell. And also in the second booke of Kings, Cap. 2. vers. 24. in these wordes: Two Beares came out of the Forest and tare in peeces 42 children that mocked Elisha, by which words of the Scripture it doth not onely appeare that there were Forests then, but also it doth manifest vnto vs what manner of wild beastes were in those Forests at that time, as Beares and such like. And in the 104 Psalme of Dauid, vers. 20 in these words: Thou makest darknes, and it is night, wherein all the beasts of the Forest creepe foorth. And in the 131 Psalm vers. 6. in these wordes: Lo, wee heard of it at Euphrates, & found it in the Fields of the Forest: so that you may see that there were places of refuge for wilde beastes to a­bide in,The significa­tion of this word Forest. euen at that time: which places of Refuge for wilde beastes were and yet are called Fo­rests, that is co say where wilde beasts of Venery may haue a place of firme peace for rest.

OMnes forestae, quas H. auus nr' afforestauit: videantur per bonos & leg. homines, & si boscum aliquem aliud quam suum dominicum afforestauerit ad damnum illius, cuius bos­cus ille fuerit statim deafforestetur. Et si boscum suum propri­um afforestauerit: remaneat foresta salua communia de herba­gio & alijs in eadem foresta illis, qui prius eam habere consue­uerunt. Carta de foresta. ca. 2.

2 Homines vero qui manent extra forestam non veniant de cetero coram Iustic. nostris de foresta per communes summo­nitiones, nisi sint implacitat' vel plegij alicuius vel aliquorum, qui attachiati sunt propter forestam. Carta de foresta. ca. 3.

3 Omnes autem bosci qui fuerunt afforestati per regem Richardum auunculum nostrum, vel per regem Iohannem pa­trem nostrum, vsque ad primam coronationem nostram, sta­tim deafforestantur nisi sit dominicus boscus noster. Carta de fo­resta. cap. 4.

4 Archiepiscopi, Episcopi, Abbates, Priores, comites, Ba­rones, milites, & libere, tenentes, qui habent boscos suos in Fo­restis, habeant boscos suossicut eos habuerunt tempore primae coronationis regis Hen. aui nostri: ita quod quieti sunt imper­petuū de omnibus purpresturis, vastis & assertis factis in illis boscis, post illud tempus vsque ad principium secundi anni co­ronationis nostrae. Et qui de cetero vastum purpresturam vel assertam sine licentia nostra in illis fecerint, de vastis purprestur. & assertis nobis respondeant. Carta de foresta. cap. 5.

5 Regardatores nostri eiant per forestam ad faciend'regar­dum sicut fieri consueuit tempore prime coronationis regis H. aui nostri, & non aliter. Carta de foresta. cap. 6.

6 Inquisitio vel visus de expeditatione canum existentium in foresta nostra de cetero fiat quando fieri debet regardum, sci­licet de tertio anno in tertium annum, & tunc fiat per visum & testimoniū leg. hominū: et non aliter. Et ille cuius canis inuen­tus fuerit tunc non expeditatus, det pro mīa tres solidos: et de cetero nullus bos capiatur pro expeditione canum. Talis autem expeditatio fiat per assisam comuniter vsitatam, vz, quod tres [Page 18] ortelli abcindantur sine pellota de pede anteriori. Nec expedi­tent' canes de cetero nisi in locis vbi consueuerunt expeditari tempore primo coronationis p̄dicti reges Henrici aui nostri. Car. de Fo. cap. 7.

7 Nullus forestarius vel bedellus de cetero faciat scotalas vel eolligat herbas, vel auenam, vel bladum aliquod vel agnos vel porcellos, nec aliquā collectam faciat, nifi per visum et sacrū xij. regardatorū quando facient regardū. Tot Forestarij ponan­tur ad forestas custodiend quot ad illas custodiend. rationabili­ter viderint sufficere. Carta de Foresta cap. 8.

8 Nullum Swanimotum de cetero teneat' in regno nostro, nisi ter in anno, vz, in principio xv. dierum ante festum sancte Michaelis & qn'agistatores nostri conueniuntad agist [...]nd. domi­nicos boscos nostros, & circa festum sancti Martini in hyeme, qn' agistatores nostri debent recepere pannagium nostrū. Et ad îsta duo swanimota conueniant forestarij, viridarij, et agistatores, et nulli alij per districtionem. Et tertium swanimotum teneatur initio .xv. dierum ante festum sancti Iohannis Baptiste, quando agistatoris nostri conueniunt pro venatione bestiarū nostrar'. Et ad illud swanimotum tenend. conuenient forestarij viridarij & non alij per districtionem Preterea singulis xl diebus per to­tum annum conueniant forestar' & viridarij ad vidend. attachi­amenta de foresta tam de viridi quam de venatione per presen­tationem ipsorum forestariorum et coram ipsis attachiat'. Pre­dcta autem swanimota non teneantur nisi in com̄, in quibus te­neri consueuerunt. Carta de Foresta ca. 6.

9 Vnusquisque liber homo agistet boscum suum in Foresta oro voluntate sua, & habeat pannagium suum. Concedimus Etiam quod vnusquis (que) liber homo ducere possit porcos suos per dominicū boscū nostrū libere et sine impedimento ad agi­stand. eos in boscis suis proprijs vel alibi vbi voluer'. Et si porci alicuius liberi hominis vna noct. per noctauerint in Foresta nostra nō inde occasionet'. vnde aliquid de suo perdat. Carta de Foresta. cap. 10

10 Nullus de cetero amittat vitam vel membra pro ve­natione [Page 19] nostra sed si quis captus fuerit & conuictus de cap­tione venationis nostre, grauiter redimater, si habeat vnde redimi possit. Si autem non habeat vnde redimi possit, iaceat imprisona nostra per vnum annum et vnum diem. Et si post vnum annum et vnum diem plegeos inuenire possit, exeat de prisona, sin autem abiuret regnum Anglie. Carta de Fo­resta cap. 11

11 Quicun (que) archiepiscopus, episcopus, com̄. vel baro, veni­ens ad nos ad mandatum nostrum, transierit per forestā nostram liceat ei capere vnābestiam vel duas per visum forestarij si presēs fuerit, sin autem faciat coronare, ne videat hoc furtum facere. Item liceat eis redeundo facere sicut predictum est. Cartads Fo­resta cap. 12.

12 Vnusqnis (que) liber homo de cetero sinc occasione faciat in bosco suo vel in terra sua siue in aqua, quam habet in foresta no­stra, molend. viuar., stagn', marleram fossat. vel terram arrabilem: extra coopart in terra arabili: ita quod non sit ad nocument. alicuius vicini. Carta de Foresta. cap. 13.

13 Vnusquis (que) liber homo habeat inboscis suis areas, ac­cipitrum esperuar', falconum, aquilarum, et hieronum, habeat similiter mel quod inuent' fuerint in boscis suis. Carta de Fo­resta capt. 14.

12 Nullus forestarius de cetero qui non sit forestarius de feod.: reddens nobis firmam pro balliua sua, capiat chymma­gium aliquod in belliua sua. Forestarius autem de feodo fyr­mam nobis reddens pro balliua sua, capiat chimmagium vide­licet pro carecta per dimid. annum duos denarios, et per alium dimidium annum duos denarios & pro equo qui portat suma­gium per dimidium annum obolum, et par alium dimidium annum obolum, & non nisi de illis qui extra balliuam suam tanqam mercatores veniunt per licentiam suam in balliuā suam ad buscam maremium corticem vel carbonem emend et alibi ducend. ad vēdend. vbi voluerint. Et de nulla alia carecta vel de sūmagio aliquo alio chimagium capiatur. Et non capiatur chima­giū nisi in locis in quibus antiquitus capisolebat et debuit: illi au­tem [Page 20] qui portant supra dorsum suū buscam corticem vel carbonē ad vendendum quamuis in de viuāt nullū de cetero dent' chim­magium forestarijs nostris, preterquam in dominicis boscis no­stris. Carta de foresta. ca. 15.

15 Omnes vtlagati pro foresta tm̄ a tempore regis H. aui no­stri vsque ad primam coronationem nostram veniat ad pacem nostram sine impedimento, & saluos pleg. nobis inueniant, quod de cetero nonforisfacent nobis in foresta nostra. Carta de fore­sta. ca. 16.

16 Nullus constabularius, castellanus, vel balliuus teneat placita de foresta siue de viridi, siue de venatione: sed quilibet forestarius de feodo attachiet placita de foresta: tam de viridi quam de venatione, & ea presentet viridarijs prouinciarum & cum irrotulata fuerint, & sub sigillis viridariorum inclusa: pre­sententur capitalibus Iustic. nostris de foresta, cum in partes illas venerint ad tenend'placita de foresta, & coram eis terminantur. carta de foresta. ca. 17.

17 De malefactoribus in parcis & viuarijs nondum est dis­cussum, quia magnates petierunt propriam prisonam de illis quos caperent in parcis & vivarijs suis quod quidem dominus rex contradixit, & ideo differt'. Mar. cap. 11.

18 Purueu est enfement de misfesours en parkes et en viūs que si nul de ceo soit atteint per le suite del pleintife, soint agards bones et hautes amendes solonque le maner de trespas, et eyt la prisonment de trois ans, et dillonques soit reint a la volunte le roy sil ad de quoy poet estr. reint, & lors troua bon suertie qui iani­maies ne misface. Et sil neit dount poet estre issint reint apres la prisonment de troys ans: troua mesme la suertie. Et sil ne puis trouer la suertie foriur' le Royalme. Et si nul de ceo rette soit fu­tiue et neit terre ne tenement suffisant per quoy il poet estre iu­stice si toste come le roy auera ceo troue per bon inquest, soit de­maund de countie en countie. Et sil ne veigne, soit vtlage. Pur­ueu est ensement et accorde, que si nul ne suist dedeins lan & le iour pur le trespas fait, le roy auera le sute, et ceux que trouera de ceo rettes per bon inquest, serront punis per mesme se maner en toutz [Page 21] points, sicome de suis est dit. Et si nul tiel mesfesor soit atteint, qui il eit prys en ses parkes bestes domestes, ou anter chose en le maner de robbery, en veuaunt, en demurrent, ou en returnant, soit fait de luy commune ley, qui affiert a celuy qui est attaint de ap­pert robberie & larceny auxibien la suite le Roy come dautre. W. 1. cap. 21.

19 Si quis forestarius parcarius aut warennarius in balliua sua malefactores aliquos inuenerit vagantes ad damnum ibidem faciend'. Et qui se forestarius aut warennarijs illis post clamo­rem & hutesium leuat' ad pacem regis ad stand'recte reddere noluerint immo ad maliciam suam exequend'& continuandū, et pacem regis diffugiend'fugam fecerint, et viet armis se de­fenderint, licet forestarij, et parcarij & warrennarij illi, aut alij quicunque, ad pacem domini regis existantes in communitatiua forestariorum, parcariorum aut warrennar' illorum venientes ad tales malefactores sic inuentos arrestand'seu capiend'aliquem seu aliquos huiusmodi malefactorum interfecerit non propter hoc occasionentur coram domino rege & iustic. quibuscunque aut alijs balliuis domini regis seu aliorum quoruncunque infra libertatem aut extra. Nec propter hoc amittant vitam aut mem­brum, aut aliam penam subeant, imo firmam pacem domino re­gis inde habeant, sed bene caueant forestarij, parcarij warenna­rij & alijquicunque ne occasione contentionis discordi contu­melie aut alicuius maleuolentie seu odij prehabit' aliquibus per balliuas suas transeuntur maliciose imponant, quod occasione male faciendi in balliuis suis intrant cum hoc non fecerint, nec ipsos vagant' vt malefacient' nec malefacientes inuenerint, nec causam malefaciendi querentes sic eos occidant. Quod si fece­rint, & de hoc fuerint conuicti, fiat de morte sic interfectorum prout aliorum ad pacem domini regis existentium, & prout de iure & secundum consuetudinem regni fuerit faciend. Sta. de malefactoribus in parcis edit. An. 21. E. 1.

20 Come ascuns gents, queux sont myses hors de forest per le purlieus, et par les grands homes, queux a nostre sire le roy ei­ent requise a del parlement, que ils soyent quites de la porture et [Page 22] des choses que les forestres lour demaundent si come ils solent a­uaunt faire. Nostre syre le roy respond primes, que il ad graunt la purlieu, que luy pleist bien que il estoise auxi come il ad graunt, iasoyt ceo, qui la besogne estoit sewe et demaund en malueis po­int, mes a meins entend il, et voet que touts ses demeins terres, quel partie que ils sont, queux ont este de la corone, soint retornes per voye deschete, ou en auter maner eyent eschete de frank chase, et d [...] franke garreine et en tiel maner soient tenus et gaides a son depes pour toutes maners dischetes, & pur tout maner dedeins, qui ly plera. Et en droit de ceux queux ont terres & tenementes de sa forest par la dist purlieu, et queux demaundont dauer comine deins les bondes des forestes: entencion et volunte nostre sire le Roy est puis que la ou le purlieu est ilz claimont estre quits de porture des forestes, & come le bests le roy ne poient auer te haunt ne lour repaire sur les terres desaforestes sycome ils auoient tan­quez come mesmes estoient dedeins forestes, qui cels gents ne de­uoient aū comen nautre esement dedeins ies boundes des boys ne des terres queux demurgent en forestes mes si ascun de ceux queux sont dissaforesta par la purlieu, voillent meux este dedeins forest come auaunt fuerent de hors sicome ils sont ore, il pleyst bien au roy, que ils soent a ceo resceu issint que ils puissent de­murrer en lour estate, auxi et comyne et auter casement auer dedeyns cestes forestes auxi come ils aucient auant. Per que nostre syre le Roy voet et command qui ses iustyces de les forestes de ceo a Trent, & de la Trent ensement teignent et gardent et tener et garder facent fermement les dyts poyntes en lour bailiez en la forme auantdyt. Ordinatio de foresta edit. Anno. 33. Ed­wardi. 1.

21 Si quis forestarius inuenerit aliquem attachiabil'. proviridi in foresta primo debet ipsum attachiare, per duos pleg. siunt presentes, sin a utem duci debet ad proximam villam, vbi inueniantur. Et si idem inueniatur alias debet ipsum attachi­are per quatuor pleg. & si tercio, coram viridarijs debet presen­tare & poni per octo pleg. Postea, post tertium attachiamentum [Page] corpus dehet attachiari & retenere, vt memoriam habeat' quid viridi sit.

Sciendum, quod omnes arbores fructū non portantes, & hae quae fructum portant per totum annum, & fraxinus si antiqui­tus fuerint in foresta & arabil'quia dominus rex est in seisma.

Si quis inuentus fuerit extra dominicum, boscum, & infra re­wardum prosternens quercum sine visu aut liberatione foresta­rij aut viridarij debet attachiari per quatuor pleg. et per visum viridar', debet quercus appreciari, & en rotulo forestar, & viri­dar nomina pleg. inbreuiari.

Si quis inuentus fuerit in dominico domini regis assertando, vel purpresturam faciendo corpus debet protinus retineri. Si autem extra dominicum infra rewardum, debet poni per vi. pleg. Et si alias inueniat' debet duplicari eius pleg. Si tertio cor­pus debet retinere.

Si quis attachiabilis fuerint, contra vad. & pleg. debet di­stringi per catalla sua infra metas forestae inuenta. Si autem de­fecerint, corpus eius detineatur, quousque fecerit, quod debue­rit. Et si extra metas forestae fuerit manens, nomen eius & villa vnde sit irrotuletur.

Liberatio autem housebote & haibote fiat, prout boscus pati potest in statu quo est, & non ad exigentiam petentis, nec po­test aliquid dare, nec vendere de bosco sine waranto domini Re­gis.

Si aliqua fera inueniat' mortua, vel vulnerata, debet fieri inqui­sitionē per quatuor villatas propinquiores foreste, quae notent. in rotulo. Inuentor ponatur per vi. pleg. & caro mittatur ad domū leprosi, si qua prope fuerit per testim. viridar. & patrie. Si au­tem nulla talis domus prope sit, caro debet dari infirmis & pau­peribus. Caput & pellis tradantur liberis proximae villae. Et sa­gitta, si qua inuentus suerit presentetur viridar. & in rotulo suo irr.

Si leporarij inuenti fuerint currentes ad aliquod nocumentū, forestar. debet eos retenere & presentare in presentia viridario­rum, & mittere eos domino regi, vel capitali Iustic. forestae.

Si quis mastiuus inuentus fuerit super aliquam feram, & mu­tilatus fuerit: ipse cuius erat quietus erit de illo fact'. Si non fuerit mutilatus, ipse, cuius fuer' mastiuus, erit culpabilis tan­quamde manupasto. Et debet poni per sex pleg. quorum nomi­na b [...]bet inbr', & etiam qualis fuerit canis.

Si quis ceperit feram sine waranto in Foresta, corpus suum arrestetur, vbicunque inueniat' infra metas Forestae. Et quando capius fuerit non deliberetur sine speciali precepto domini re­gis, vel capital' [...]ustic. forest.

Si quis viderit aliquos malefactor' infra metas forestae aliquā feram capere vel asportare debet illos capere secundum posse suum. Et si non possit, debet leuare hutesium & crie: Et si non fe­cerit, remaneat in misericordia domini regis.

Si quis wodward'viderit malefactores in sua custodia, vel fe­ram bestiam, viderit mortuam: debet monstrare capitali foresta­rio, vel viridario. Et si nō fecerit, & forestarius domini regis tale delictum in bosco suo infra rewardum inuenerit: ille boscus ca­piend'est in manum domini regis per preceptum regis, vel capi­tal. Iustic. sui: et woodwardus attachiabilis est per quatuor pleg.

Si quis habuerit boscum iuxta dominicum boscum domini regis, licitum est ei post quam dominice haie agistate sunt, habe­re tempore pannagij, tot porcos, quot boscus per visum forestar' viridar', regardatorum agistatorum & aliorum proborum ho­minum possit pati, & hoc fiat de exitu porcorum.

Sciendum quod tempore pannagij quando agistamentum debet fieri debent forestarij, viridarij, & agistatores assensum intimare Iustic. forestae domini regis, & inquirere voluntatem & fiat agistamentum tam in dominicis hais, & boscis, quam in forinsecis: et secundum mandatum suum & tenorem literarum debet fieri agistamentum quas literas debet habere coram Iustic. de foresta prox' itinerantibus. Et preceptum est quod deinceps capiatur pro quolibet porco quantum potest ad opus domini regis pro pannagio, vibelicet vnus vel duo denarij. De porcellis aut fiat, sicut presolutum est.

Si quis in alio com̄ posuerint, vel voluntarie permiserit aueria sua ire infra metas foreste forestar' retineat aueria per vad & [Page 25] sal. pleg. Quod si non poterit per testimon' viridar' debet vic. il­lius com̄ intimare, vt ipse districtionem faciat, quousque ple­gios inuenerit. Si vic. non fecerit, debet forestar' hoc intimar' Iustic.

Nullus messarius ducat secum mastiuum magnum, ad fugād'feras domini regis, sed paruos catul'ad expectand'extra coo­pertum.

De his qui clamant habere libertates sicut canes in expedita­tos & leporarios, infra metas forestae, nihil eis faciend'sine wa­ranto domini regis, vel Iustic. suorum.

Boscus remanens in manu domini regis per vnum annum & vnum diem, in voluntate regis est nisi recuperetur per iudicium Iustic.

Omnes mete forestae integre sunt domino regi.

Licitum est abbati de Burgo sancti Petri venari & capere le­pores, vulpes & mureleges infra metas forestae, & haber' canes inexpeditatos, quia sufficientem inde habet warantum.

Quando viridarij ceperunt inquisitionem vnns apponat si­gillum, & alius rotulum teneat, et sic de fortuna in fortunā vs (que) ad aduentum iustic. tunc primo die ipse & omnes ministri pre­sentabunt rotulum, aut amercientur, & manucapti pro foresta eo die proferantur aut manucaptio incurratur.

Homo tachiatus pro ramis cesis, placitum illud pertinet ad Swanimotum coram senescallo: & attachiatus pro quercu pro­strata in dominica regis vel alterius, pertinet coram Iustic. Et si noctantur alicubi fecerit, iacet imprisonamentum.

Attachiat' ad Swanimotum pro viridi non presentate ad pro­ximum ad aliud presentatio non preiudicet, sed capiatur fore­star' pro concelamento, et eat attachiatus quietus per assisam.

Si forestarius in dominico bosco regis consenseat delicto ca­piat Rex suo superiori & sibi, si superstes sit Boscus vastatus ad quodlibet iter' iustic. dabit domino regi dimidiam marcam. Consuetudines & assisa forestae.

22 In primis ordinauimus pro nobis & hered'nostris quod de transgr' in forestis nostris de viridi & deuenatione de cetero [Page 26] fac farestarij infra quorum balliuus huiusmodi transgress. fieri contigerint,Present. Swanimote presentent easdē ad proximum Swanemotum co­ram forestarijs, viridarijs regardatoribas, agistatoribus, & alijs earundem forestarum ministris, & super presentationibus hu­iusmodi ibidē coram forestarijs, viridarijs, & omnibus alijs mi­nistris supradictis per sacrum tam milit' quam alioram probo­rum & legalium hominum de partibus vicinioribus,Ooth. vbi trans­gressiones sic presentate facte fuerint, non suspectorū per quos rei veritas plemus inquiratur, et sic inquisita veritate, presen­tationes ille, per communem concordiam & assensum omni­um ministrorum praedictorum solemniter roborentur, & sigil­lis suis sigillentur.

Et si alio modo fiat indict', pro nullo penitus habeatur. Et si aliquem forestariorum praedictorum regardatorum,Inditement. Void. aut aliorū ministrorum ipsarum forestarum abir' contingit, seu per egri­tudinem vel alio modo impedire,Ministers. Dye. Absent. Swanimote quo minus interesse valeat huiusmodi Swanemotis, incontinent' Iustic. foreste, seu locum eius tenens, ponat alium loco suo ita videlicet quod indicta­mentum fiat per omnes in forma praedicta. Quodque ministri que ponendi sunt, ponantur, sicut hactenus fieri consueuit, ex­ceptis viridarijs, qui per electionem, et per breue nostrum de­putabuntur.

Verderors. Election.Et volumus, quod nullus ministrorum praedictorum in assisis iuratis, seu inquisitionibus capiend'extra forestam de cetero po­natur. Et si super oneratio forestariorum aut aliorum, qui segerant vt ministri foreste,Iurrour. Surcharge of Foresters Impris. fol. 185. inueniatur, amoueantur huiusmo­di superonerantes, & imprisonentur secundum discretionem Iustic. forestae, vel eius locum tenent'. Nec non & illi, per quos positi fuerant ad voluntatem nostram similiter puniantur. Et ad quod libet Swainem' inquiratur de superoneratione foresta­riorum et aliorum ministrorum foreste et de eorum oppressio­nibus populo nostro illatis,Punishmēt Swanimote Surcharge. et fiant inde emende et punitiones, prout superius est expressum.

Quo ad illos vero, qui tempore, quo foresta deofforestata fuit, transgressiones de viridi aut venatione in foresta fecerint [Page 27] de affor' eandem, et vt sententia excomunicationis incontroue­nientes fulminetur quanquam de nostra bona voluntate mine­me processisset, quamquidem sententiam dominus papa post modum reuocauit. Et quas concessiones,Excommu­nication. et de afor' certis causis reuocamus & adnullamus. Volumus enim, quod transgr' hu­iusmodi perdonentur, transgr' illis acceptis, que in ea parte,Perdon. Herbes Diches. que foresta remansit, comminisse fuerunt. Ita tn' qd'haie & fossata fact' medio tempore prosternant', et penitus amoueant' adnihi­lentur. Saluis arentationibus nostris, quas secundum assi­sam fo reste volumus rem'.

Boscus autem cesus & prostatus amoueatur,Wood. & boscus stans remaneat in foresta. Et si forte aliquis talis boscus ad huc stans, sit venditus, in foresta remaneat, & venditor satisfaciat emptori, iuxta quantitatem portionis bosci stantis inforesta, et aliter medio tempore venditi, et prout ceperit de eodem.Iust. de forest.

Volumus etiam quod Iusticiar' forestae nostrae, vel eius locum tenens in presentia, Thessaur nostri,Fynes. Inditement et per assensum eius­dem habeat potestatem capiendi siues & redemptiones illo­rum qui sunt indictati de transgress. vsque nunc in foresta com­missis itinere Iustic. minime expectato.

Volumus insuper quod illi,Comon. qui communem pasturam info­resta ante perambulationem factam habeant, & qui sunt postea repositi in foresta, quique de dicta comunia per perambulatio­nem praedictam fuerant impediti, habeant communiam pastu­ram de cetero inforesta adeo large & libere, sicut ante peram­bulat' praedictam habere solebant. Saluis arent' nostris in for­ma praedicta. In cuius rei testimonium, &c. Teste &c. apud Westmonasterium xxviii. die Maij. Anno xxxiiij. Edwardi primi, Ordinatio foresta.

23 Le graund chrater des franchises et le charter de la Forest soient gardes en touts points, Purley. et que la ponerel que estoit chiuach en temps le roy Edw. ayel le roy qui ore est se reigne en la fourme que estoit chiuache & bonde & que sur ceo soit charter-fait a chescun count ou fait mye chiuache le roy voet que en chiuacha per bondes et lieux et charter sur ceo fait cōe de fuis est dit. An. 1. E. 3. cap. 1.

[Page 28]24 Pur ceo que plusours gents sont disherits rettes & di­struits per les souereignes gardeines des forestes de sa trent & de la per les auters ministers encounter lestatute de la graunde chartre de la Forest et encounter la declaration que le Roy E. fits le Roy Hen. iii. fist en la fourme que ensuit. s. Nous volons & grantons pur nous & pur nous heirs que le trespas fait en Fo­rest de vert & de venison que les Foresters des queux baylifes ti­els trespasses sertōt faits presentēt mesmes les trespasses au pro­cheins swanimots deuāt foresters, verdors, regarders, agistours et autres ministers de mesme le forest que sur tyel presentment deuaunt las forestes, verdors, regardours, agistours, et auters ministers suisdits per surement sibien des charters come dauters prodes homes et loyalx, et nemy suspiciouses de partie vesina­bles & plus procheine en tielx trespasses serront issint presents et en la veritie plus mielur et plus pleinment purra estre enquis et tiel veritie ensy enquis soient tielx presentments per commen assent & accord de touts les ministres auantdits solemnement en­forces, et de touts seale cuscales et si en auter maner soit fait nul enditements soit desore pur nul tenus. Et pur ceo que les chiefe gardeines des forests nont my la did fourme tenus iesque en ceo accord est et ordeigne que desore nul ne soit pris nempri­son pur vert ne pur veneson sil ne vsoit, ou sil ne soit troue oue may nor en le fourme auantdit endite, & adonques luy lesse le so­ueraigne gard'del forest a mainprise iesque al heire del forest sans riens prendre pur le deliuerance, et si le gard. faire ne voloit, eit briefe en le Chauncery que auncientment fuit ordeigne pur ceux endites destre a mainprise sans rien prendre adonques eit le pl. briefe en le Chauncerie al viscount dattach. le dit gard, destr. de­uaunt le Roy au certaine iour a responder pur quoy il nad reple­uy celuy quest ensy pris per bon mainpris en presence des ver­dours & nouns des mainpernours face deliuerer as mesmes ver­dours a respond. en eyre deuaunt les Iustices. Et si le chiefe gar­deine de ceo soit attaint soyent agardes as pleintifes lour dam­mages al treble et les gard'a la prison et reints al volunte le roy. Et desormes soyt escript as eux cōe as les chiefe gard del Forest [Page 29] pur ceo que iustices ne deiuent ils estre en record. forsque en eire Anno. 1. E. 3. cap. 8. 34. E. 1.

25 Nul forester ne gardeine de foreste ou de chase, ne nul au­ter minister ne face ne coille puter. nauter coillet des vitailes ne nul autre chose per colour de lour office countre nulluy volunte dedeins lour baile ne de hors forsque ceo que est due dauncien droit. Anno. 25. Ed. 3. cap. 7.

26 Nul maner de Iure soit desore arte per ascun minister de la Forest nautre person quicunque de trauailer de lieu en lieu hors des lieux ou lour charge lour est done enconter lour grée ne per malice ou per manace ou auter duresse constreint de dyre lour verdit de trespas fait en foreste auterment que lour conscience ne lour ent vorra clerement enformer eins dient ils lour verdyts sur lour charges lieux ou celle charge lour est don come desuis est dit. Anno. 7. R. 2. cap. 3.

27 Nul home soit pris nemprison per ministre de foreste sans due enditement ou per mainoeuere ou trespassant en la forest, ou aillours, ne soit constreint de faire obligation ou redemption a ascun ministre de forest per quicūque manner encounter-lour grée et assise de forest, et si ascun face enconter cest ordinaunce en ascun point. et de ceo soit attaint paie as parties endammage lour dou­ble dammage, & fine et raunceon au roy pur son mal fait. Anno 7. R. 2. cap. 4.

The Lawes of the Forest.

AL Forestes which King Henry our graundfather afforested and made, shalbe viewed by good and lawfull men, and if he haue made forest of any other wood more then of his owne demesne, whereby the owner of the wood hath hurt. Wee will that foorthwith it be disaforested. And if he haue made forest of no mens wood but of his owne, then we will that it remaine fo­rest still: Sauing the common of herbage, and of other things in the same forest, to them which before were accustomed to haue the same. Carta de Foresta. cap. 1.

[Page 30] Common summons, Suertie.2 Men that dwell out of the Forest from hence forth shal not come before the Iusticers of our forest by no common summons, vnlesse they be impleded there, or be suerties for some other that were attached for the forest. Carta de Foresta cap. 1.

Disaforest. Demesne. Wood.3 All woods which haue been made forests by K. Richarde our vncle, or by King Iohn our father, vnto our first coronation, shall be foorthwith disaforested, vnlesse it be our demesne wood. Charta de foresta. cap. 3.

Archbishop Bishop. Freeholder. Woodes.4 All Archbishops, Bishops, Abbots, Priors, Earles, Ba­rons, Knights, and other our frée holders, which haue their woods in forestes, shall haue their woods as they had them at the time of the first coronation of King H. our graundfather, so that they shall be quite for euermore of all purprestures,Purpresture Wastes. wastes, and assert es made in those woods after that time, vntill the beginning of the se­cond yeare of our Coronation. And those that from henceforth doe make purpresture without our speciall licence, or wast or assert in the same,Licences. Wast. shall aunswere vnto vs for the same wastes, purpres­tures, and asserts. Carta de Foresta cap. 4.

Regarders.5 Our Regarders shall goe through the Forest to make their Regard, as it hath bin accostomed at the time of the first co­ronation of King H. our graundfather, and none other wise. Car­ta de Foresta. cap. 5.

6 The inquirie or view forlawing of doggs being within our forest,Lawing of dogges. View. shalbe made from henceforth, when the Regard is made, that is to say, euery iii. yere, & then it shalbe done hy the view and testimonie of honest men, and not otherwise. And he whose dogg is not then found expeditated, shalbe amerced, and shall paie for the same iii. s. And from henceforth no oxe shalbe taken for lawin-of dogges.A merce. Oxe. Assise. iij. Clawes cut off. And such lawing shall be done by the assise commonly vsed: that is to say, that iii. clawes of the forefoote shalbe cut off by the skin. But from henceforth such lawings of dogges shall not be done, but in places where it hath bin accustomed from the time of the first coronation of the aforesaid king H. our grandfather. Car­ta de Foresta cap 6.

Forester.7 No Forester or Bedle from henceforth shal make scotal, or ga­ther [Page 31] garbe or otes, or any corne, or lambe, or pige, nor shall make no gathering, but by the sight, and vpon the othe of the xii. Regar­ders whē they shal make their regard. So many Foresters shalbe assigned to the kéeping of the forests, as reasonably shal séeme suffi­cient for the kéeping of the same. Car. de Forest. ca. 7.

8 No Swanimote from hencefoorth shalbe kept within this our Realme but thrice in the yere.Swanimot. First the xv. day afore Michael­mas, when that our gistakers, of our woods come together to take agistment in our demesne woods,Agistment. & about the feast of s. Martin in winter when that our gistakers shall receiue our pawnage. And to these ii. swanimotes shall come our foresters, verderors gistakers,Pawnage. Foresters. & none other by distres. The iii. swanimote shalbe kept in the be­ginning of xv. daies before the feast of S. Iohn Baptist, whē that our gistakers do méete to hunt our Déere. And at this Swani­mote shall méete our foresters, verderors & none other by distres. Moreouer euery xl. daies thorough the yere,View. Attachments Greene hugh Hunting. our foresters & ver­derors shall méete to sée the attachments of the forest, as well for gréene hugh as for hunting by the presentment of our foresters, & afore them attached. And the said swannimotes shall not be kept but within the Counties, in which they haue bin vsed to be kept. Carta de Foresta cap. 8.

9 Euery fréeman may take agistment in his owne wood with­in our forest at his pleasure, & shall take his pawnage.Freemen. Agistment. Pawnage. Driue swine. Also we do graunt, that euery fréeman may driue his swine fréely & without impedimēt thorough our demesne woods, for to agist them in their owne wods, or els where they will. And if their swine tarrie one night & lie within our forest, there shalbe no occasion taken there of whereby he may leese any of his owne Carta de foresta cap. 9

10 No man from henceforh shall lose neither life nor member for killing of our déere, but if any man be taken therwith,Killing, of deere. Conuict. Fine. Impris. and con­uict for taking of our Venison, hée shal make a gréeuous fine, if he haue any thing whereof to make fine, & if he haue nothing to léese he shalbe imprisoned a yere and a day, and after the yere & a day expired (if he can find sufficient suerties) he shalbe deliuered. And if not, he shall abiure the Realme. Carta de foresta cap. [...]0.Abiure.

[Page 32]11 Whatsoeuer Archbishop, Bishop, Earle or Baron, com­ming to vs at our commaundement, & passing by our forest, it shal be lawfull for him to take and kil one or two of our déere, by the vew of the forester if he be present, or else he shal cause one to blow an horne for him, that he séeme not to steale our déere. And like­wise they shall do returning home from vs. Car. de For. ca. 11.

12 Euery freemā from henceforth without daunger, shal make in his owne woode, or in his land, or in his water, which he hath within our forest milles, springs, pooles, marlepits, dikes, or erra­ble ground, being without the couert into errable ground againe, so that it bée not to the annoyance of his neighbors. Carta de Fo­resta cap. 12.

13 Euery fréeman shall haue within his owne woods, ayries of haukes, sparrow haukes, fawcons, egles, and herons, and shal haue also the honie that is found within his woods. Carta de Fo­rest cap. 13.

14 No forester frō henceforth, which is not a forester in fée, pay­ing to vs farme for his Bailiwike, shall take any chiminage with­in his bailiwike. But a forester in fée paying vs farm for his baili­wike, shall take chiminage, that is to say, for carriage by cart, the halfe yeare ii.d. and for another halfe yeare ii.d. for a hors that beareth loads, for halfe a yeare an halfe-penie, and for another halfe yeare a halfepenie: And but of those onely that come as Marchants through his bailywike by his licence to buy bushes, tymber, barke, coale, and in another place to sell it againe where they will at their pleasure: But for none other carriage by cart, chiminage or tol shall be taken. Nor chiminage shall not be taken but in such places onely where it hath bin vsed to be taken. Those which beare vpon their backes brush, barke or coale to sell, though it be their lyuing, shall paie no chiminage to our foresters, except they take it within our demesne woodes. Carta de Foresta cap. 14.

15 All that be outlawed of trespas within our forest, since the time of King H. our graundfather, vnto the first yere of our coro­nation, shall come to our peace without let, and shall find to vs su­erties that from henceforth they shall not trespas vnto vs within [Page 33] our forest. Carta de Foresta. ca. 15.

16 No Constable, Castellaine, or bailife, shall hold plea of forest, neither for gréene hugh, nor hunting, but euery forester in fée shall make attachments for plea of the forest, aswel for gréene hugh as hunting,Iustices of the Forest shal de­termine those plees. and shall present them to the Verderors of the prouinces. And when they be inrolled, and inclosed vnder the seals of the Verderors, they shalbe presented to our chiefe Iustices of our forest, when they shall come thither to hold plea of forest, and before them they shall be determined. Carta de Forest. cap. 16.

17 Concerning trespassers in parkes and pondes, it is not yet discussed, for the Lords demaunded the proper imprisonment of such as they should take in their parks and ponds, which the king denyed. Wherefore it was deferred. Merton. cap. 11. Anno. 20. H. 3.

18 It is prouided also for trespassers in parkes and pondes, that if any be thereof attainted at the suit of the partie, great and large amendes shalbe awarded according to the trespas, and thrée yeares imprisonment, and after shall make fine at the kings plea­sure (if he haue whereof) and then shall find good suretie that af­ter he shall not commit like trespas. And if he haue not whereof to make fine, after three yeres imprisonment, he shall finde like suertie, and if he cannot finde like suretie, he shall abiure the Realme. And if any guiltie thereof be fugitiue, and haue no land nor tenement sufficient (whereby he may be iustified) so soone as the king shall finde it by Enquest, he shall be proclaimed from County to County, and if he come not, he shalbe outlawed. It is prouided also and agréed, that if none do sue within a yeare & day for the trespas donc, the king shall haue the suit. And such as be found guiltie thereof by lawfull inquest, shalbe punished in like manner in all points, as aboue is said, and if any such trespassor be attainted, that hée hath taken tame beastes or other thing in his parkes by maner of robberie, in comming, tarying, or returning, let the common law be executed vpon him as vpon him that is at­tainted of open theft and robberie, aswel at the suit of the King as of the party. West. 1. ca. 20. An. 3. E. 1.

[Page 34]19 If any Forester, parker, or warrenor, do finde any tres­passor wandering within his libertie, intending to doe dammage therein, and that after hue and crie made to him to stand vnto the peace, will not yeeld himselfe, but doth continue and execute his malice, and disobeying the kinges peace, doth flie or defend him­selfe with force and armes, although such foresters, parkers and warrenors, or any other comming in their companie, and ayding such foresters, parkers, and warrenors, in the kings peace, do kill any offendor or offendors, being so found, either in arresting or ta­king them, or any of them, they shal not be arraigned vpō the same before the king and his Iustices, or before any other the king his Bailifes or any other within any franchise or without, nor shall léese for so doing either life or limme, or suffer any other punish­ment, but shall enioy the kinges peace, as they did before: Not­withstanding, let all such foresters, parkers, warrenors, and all other beware, that by reason of any malice, discord, debate, or o­ther euil will had before time, they do not lye, nor maliciously pre­tend, against any person passing through their liberties, that they came thither for to trespas or misdoe, when of trueth they did no­thing, nor were not found as trespassors, and so kill them, for if they do and be conuict thereupon, the death of such persons shalbe inquired, and execution shalbe done in like maner, as is done for other of the kinges subiects standing in his peace, and like as it ought to be done of right, & according to the law & custome of the Realme. Statute of Trespassors in Parkes. An. 21. E. 1.

20 Whereas certaine people that bée put out of the forest for the purliew, and by the great men haue made request to our soueraigne Lord the king at his parliament, that they might be acquited of their charge, and of things that the foresters demaund of them, as they were wont to be: Our soueraigne Lord the king aunswered: First, that where he had graunted purliew, that he was pleased that it should stand in like maner as it was granted, albeit that the thing were sued and demaunded in an euil point. Neuerthelesse, he willeth and intendeth that al his demesne lands wheresoeuer they be, that haue bin of the Crown, being returned [Page 35] by way of escheat, or otherwise, shall haue estate of frée chase and frée warren, and in such maner shalbe saued and kept to his vse for all maner of escheates, and for all maner of thinges that pleaseth him. And in right of them that haue lands and tenements disafo­rested for the said purliew, and such as demaund to haue common within the bounds of forests: The intent & will of our soueraigne Lord the king is, that from henceforth (where purliew is) they may claime to be quite of charge of the forestes. And whereas the kings beasts cannot haue their haunt and repaire vpon the forest ground, as they had so long as they were within the forests, that such folke shall not haue common, nor other easement within the boundes of the woodes, nor of the landes, the which remaine in fo­rest, but if any of them that be disaforested by the purliew, would rather be within the forest as they were before, then to be out of the forest as they be now: It pleaseth the king verie wel, that they shalbe receiued thereunto, so that they shall remaine in their aun­cient estate, and shall haue common and other easement aswel as they had before. Wherevpon our Soueraigne Lord the king wil­leth and commaundeth, that his Iustices of the forestes on this side Trent, & beyond Trent, in like maner shall keepe and hold, and cause to be kept and holden straitly the foresaid pointes with­in their liberties, in the forme aboue mentioned. Anno. 33. E. 1. Stat. 5.

Assisa et consuetudines Eorestae.

21 If any Forester shal finde any man attachable for vert in the forest, first he shal attach him by ii. pledges, if they be to be found, if not, he shalbe brought to the next town wher they may be found. And if they be afterward found, he shal attach him by iiii. pledges, and if the third time, he shall be presented before the Verderors, and be put by viii. pledges, afterward after the third attachment his bodie shalbe attached and retayned that hee may remember what thing Vert is.

It is to be knowen that all trées not bearing fruit, and these which beare fruit at any time in the whole yeare, and an Ash if he be old shall remaine in the forest, and in the errable land they [Page 36] be all Vert, because our Lord the king is in possession of them.

If any man shalbe found felling an Oke without the demesne wood, and within the regarde of the forest, without the view or de­liuery of the forester or verderor, he shalbe attached by iiii. pledges, and by the view of the verderor, the Oke shalbe praized, and the names of the pledges shalbe written in the rol of the foresters and verderors.

If any man shalbe found in the kinges demesnes asserting or doing purpresture, his bodie shalbe forthwith retained, but if with­out the demesnes within the regard, he shalbe put by vi. pledges, and if he be afterward found, he shall double his pledges, if the third time, he shall retaine his bodie.

A man atta­table conra vadios & ple­gios, is he that is bound to be of good beha­uiour towarde the Forest, and then after that bond, is found offending in the Forest againe, as it appeareth in Carta Foresta, Articulo. 15.If any man shalbe found attacheable contrary to his suerties and pledges, he shalbe distrained by his cattels found within the bounds of the forest, but if he haue none, his body shalbe detayned vntil he haue don that which he ought: and if his abode be with­out the boundes of the forest, his name and the name of the towne whence he is shalbe inrolled.

But deliuerie of housebote and haybote shalbe made as the wood may suffer the same to remaine in the state in which it is, and not at the request of the demaundant, neither may he giue nor fell any thing of the wood without the kinges warrant.

This is ment of those Deere that are not sweete, nor meete to be eaten of the best sort of the people: for if a principall beast be foūd dead & newly killed: that is not meant by this statute to be giuen to the Lazar house. And if such Deare be found dead, there is no doubt but the same Deere is the kings, for he was the kings beast be­ing aliue, and the killing of him hath not altered the propertie: and then the fame being the kings, his Iustice of the Forest may dispose of it at his pleasure, and that disposition good in Law by plee of iustification.If any Déere be found dead, or wounded, there shalbe an in­quisition made by foure of the next villages to the forest, which shalbe written in the roll, the finder shalbe put by vi. pledges, and the flesh shalbe sent to a Spittle house, if by testimony of the ver­derors and the Countrey, there be any nigh: But if there be noe such house neere, the flesh shalbe giuen to the poore and lame, the head & skinne shalbe giuen to the poore of the next Towne, & the Arrow (if there be any found) shalbe presented to the Verderors and inrolled in his roll.

If there be any Greyhoundes found running to do any hurt, the forester shall retaine them, and present them in the presence of the Verderors, and send them to the king of chiefe Iustice of the Forest.

If any Mastiue be found vpon any Deere and shalbe expedi­tated, he whose Mastiue he is shalbe quite of the déede, but if he be not expeditated, the owner of such Mastiue shalbe giltie, as if he had giuen it with his owne hand, and he shalbe put by vi. pledges. whose names shalbe written, and also what kind of dogge it was.

If any man take a Déere in the forest without warrent, his bo­die shalbe arrested where soeuer he be found within the boundes of the forest, and when he is taken, he shall not be deliuered with­out special commaundement of the king, or of th chiefe Iustice of the forest.

If any sée any misdoers within the bounds of the forest, to take or carie away any Deere, he shall do what he may to take them, and if he cannot, he shall leuie hue and crie, and if he do not so, he shall remaine in the kings mercie.

If any woodward shall sée misdoers within his wardship, or shall sée a dead wild beast, he shall shew him to the chiefe forester or verderor, and if he do not, and the forester of our Lord the king find such a fault in his wood within the precinct of the regard, that wood shalbe taken into the kings handes by the kings commaun­dement, or of his chiefe Iustice, and the woodward is to be atta­ched by iiii. pledges.

If any man shall haue a wood neere vnto the demesne wood of our Lord the king, it is lawfull for him after that the demesne hedges are agisted, to haue in the time of pawnage, so many swine as the wood may suffer, by the view of the foresters, verderors re­gardors, Agistors, & other lawful men, and this shalbe done of the profit of Swine.

Knowe ye that in time of pawnage, when the agistment ought to be made, the foresters verderors, and agistors, ought to craue the assent of the Iustices of our Lord the kinges forest, and séeke their good will, and the agistiment shalbe made as well within the [Page 38] demesne hedges and woodes as without, and the agistment shalbe made according to their commaundement, and tenor of their let­ters, which letters he shall haue before the Iustices of the forest in the next circuite. And it is commaunded, that hereafter be taken for euery hogge as much as may be, to the vse of our Lord the king for pawnage, that is to say, one penie or ii.d. but of little pigges there shalbe no more paied then was before.

If any man of another Countie put, or willingly suffer his cattel to goe within the boundes of the forest, the forester may re­taine the cattel by suerties and safe pledges, which if he cannot doe, by the testimonie of the Verderors, he shal shew the Shirife of the Countie thereof, that he may make distres vntil he finde pledges. If the Shirife do it not, the forester shall shew the same to the Iustices.

No Mower shall bring with him a great Mastiue, to driue a­way the déere of our Lord the king, but little doggs to looke to things without the couert.

Of these which claime to haue priuiledges, as doggs without clawes and greyhoundes, within the boundes of the forest, they shal haue nothing to do with them without our Lord the king his warrant or his Iustices.

A wood remayning in the hands of our Lord the king by one yeare and one day, it is in the kings pleasure, except it be recoue­red by the iudgment of the Iustices.

All the bounds of the forest are wholy the kings. It is lawfull to the Abbot of ye Borough of S. Peter, to hunt, & to take hares, Foxes & Martrons within ye bounds of the forest, and to haue vn­lawed dogs, because he hath sufficient warrant thereunto. When Verderors haue taken an Enquest, one shall set to his seale, and the other shall keepe the roll, and so from time to time vntill the comming of the Iustice: then the first day he and all his ministers shall present the roll, or els they shalbe amerced, & mainpernors that day shalbe profered for the forest, or els they shall incur a sei­sure.

A man attached for cutting of boughes, that plée appertayneth [Page 39] to the Swanimot before ye Steward. And a man attached for sel­ling an Oke in the demesne of the king, or of any other mans, it be­longeth to be tried before the Iustice, and if he do it to any man in the night time, he shalbe imprisoned.

A man attached to the Swanimote for gréene hugh, and not presented at the next Swanimote, at an other time the present­ment shall not hurt him, but shalbe taken as a fault in the forester, for the concealement, and he that is attached shall goe quite by Assise.

If a forester do agrée vnto an offence in the demesne woods of the king, the king shall take from him his chiefe office if the kéeper be liuing: and because the kings wood is wasted, at euery Iter of the Iustice of the Forest, they shall pay to the king half a Marke.

Ordinatio Forestae.

22 First we haue decréede for vs and our heires, that of tres­passes hereafter to be done in our Forestes of gréene hugh, and of hunting, the Foresters within whose Bailiwikes such trespasses shall happen to be committed, shall present the same at the next Swannimote, before the Foresters, verderors, regardors, agi­stors, and other ministers of the same forest, and vpon such pre­sentments there before the Foresters, verderors, and all other ministers aforesaid, by the othe aswell of knights, as of other ho­nest and lawfull men of the néerest partes, where the trespas (so presented) shalbe done not suspected, by whome the truth of the matter may be fully inquired of, and the truth so inquired of, the presentments shalbe solempnely affirmed, and sealed with their seales by the common agréement and assent of all the ministers aforesaide, and if the inditement be made otherwise it shall be vt­terly voide.

And if it happen any of the foresaid Foresters, regardors, or other ministers of the same forests to die, or by sicknes, or by any other meanes to be hindered, by reason whereof he cannot be pre­sent to such swanimotes: immediatly the Iustice of the Forest or his lieutenant shall put another in his place, so that the endite­ment [Page 40] may be made by all,Verderors by election. They are cal­led veredictors because they are Iudges, & do giue iudgement of Forest matters. in forme aforesaid, and that the officers which are to be placed, be placed, as hitherto it hath béene accu­stomed to be done: Sauing the Verderors which shalbe appoin­ted by election, and by our writ. And we wil that none of the fore­said ministers hereafter, be put in any assises, Iuries or inquestes, to be taken without the Forest.

And if any surcharge be found of the Foresters, or other, which haue to do as ministers of the Forest, such surchargers shalbe amoued, and shalbe imprisoned according to the discretion of the Iustice of the Forest, or his lieutenant. And they also by whome they were placed there shalbe punished likewise at our pleasure. And at euery Swanimote, it shalbe inquired of the surcharge of the Foresters, and other ministers of the forest, and of their op­pressions brought vpon our people, and they shall make thereof amendes, and be punished as is aboue express [...] And as concer­ning those persons, which since the time that [...] Forest was disa­forested, haue committed offences in Verte and Venison within the forest to disaforest the same, and that sentence of Excommuni­cation was published against the same offendors, although the same by our good will should not haue procéeded, which sentence the Pope himselfe afterwardes reuoked, and which graunts and disaforesting for certeine causes we do reuoke and make voyde. For we will that those offendors be pardoned: Except those of­fences which were committed in that part which doth remaine forest still, so that the hedges and dyches that were made in the meane time shalbe throwen downe, remoued, and vtterly auoy­ded. Sauing vnto vs our rents, which we will haue to remaine according to the assises of the Forest.

The wood which is cut & felled shalbe remoued, and the wood standing shal remaine in the forest, and if by chance any such wood yet standing to be solde, it shall remaine in the forest, and the seller shall satisfie the buyer, according to the quantitie of the portion of the wood standing in the forest, and so of wood solde in the meane time, and euen as he shall take of the same buyer.

We will also, that the Iustice of our Forest, or his lieutenant, [Page 41] in the presence of our Treasorer, and by his assent, haue power to take fines and redemptions of them which are indicted of trespas­ses, committed in the forest before this time not inquired of in the Iustices circuit.

We will more ouer, that they which haue had cōmon of pasture in the forest, before perambulation made, and they which after­wards were denied in the forest, and they which haue bin letten of the said cōmon by the perambulation aforesaid shall haue their cō ­mon, of pasture from henceforth in the forest, as largely and fréely as they were wont to haue before the perambulation aforesaid: sauing our rētes in forme aforesaid &c. Teste &c. Westminster xxviii. day of May. An. 34. E. 1.

32 That the great Charter of the liberties, and the charter of the forest be obserued and kept in euerie article. And that the olde perambulations of the forest, in time of king Edward graundfa­ther to the king that nowe is, be from henceforth holden inlike forme, as it was then riden and bounden. And thereupon a charter to be made to euerie shire, where it was ridden and bounden, And in such places where it was not bonden, the king will that it shall be bonden by goodmen and lawful, and that a Charter be thereup­on made, as is aforesaid. An. 1. E. 3. cap. 1. Stat. 2.

24 Wheras diuers people be disherited, raunsomed and vn­don by the chief kéepers of the forest on this side Trent & beyond, and by other ministers, against the forme of the statute of the great Charter of the forest, and against the declaration made by king Edward, sonne of king H. in forme following, that is to say: We will and graunt for vs and our heirs, that for any trespas done in the forest of Vert and Venison: That the foresters in whose bailiwike such trespas shalbe committed, shall present the same trespasses at the next swanimote, before the foresters, verde­rors, regardors, agistors and other ministers of the same forest. And that such presentmēt be made before the said foresters, verde­rors, regardors, agistors and other ministers aforesaid, aswell by the othes of knights, as by other discréete and lawfull men and not suspicious, of the parties ioyning néere where such offences shalbe presented, and where the truth may best and most cléerely [Page 42] be knowen. And the truth perfectly knowen, then such present­ments by the common assent and consent of al the said ministers, shalbe solempnely written, and with their seales ensealed. And if any indictment be in any other manner made, the same shall be void. And therefore because the chiefe wardens of the forest haue not obserued the same hitherto: It is agréed and ordained, that from hence forth no man shalbe taken nor imprisoned for Vert nor Venison, vnles he be taken with the manner, or els indicted after the forme before specified.Taken with the maner, is commonly said to be in foure sortes, vz, Staple stand, Dogg draw, Back­beate, and Bloudie hand. For Venison and for Vert, in two sorts, vz, cutting of it, and carrying of it away. And then the chiefe Warden of the forest shall let him to mainprise, til the Eire of the forest, with­out any thing taking for his deliuerance. And if the said Warden wil not so do, he shal haue a writ out of the Chaūcery, which hath bin in old time ordained for such persons indicted to be at main­prise, till the eire. And if such Warden after he hath receiued the writ, do not incontinently deliuer such persons indicted to main­prise, without taking any thing: then the plaintife shall haue a writ out of the Chauncery to the shirife, to attach the said warden to be before the king at a certaine day, to aunswerer wherefore he hath not repleuied him that is so taken. And the Shirife (the ver­derors being claled to him) shall deliuer him that is so taken by good mainprise, in the presence of the verderors, and shall deliuer the names of the mainpernors to the same Verderors, to answere in the eire of the Iustices. And if the chiefe warden be therof at­tainted, the plaintife shall recouer his treble dammages, and the said Warden to be committed to prison, and raunsomed at the kings will. And from hencefoorth it shalbe written to them as to the chiefe Wardens of the forest, because they may not be Iusti­ces, nor to haue any Record. Anno 1. E. 3. cap. 8. Stat. 1.

25 No forester nor kéeper of forest or chase, nor none other minister, shall make or gather sustenance, nor none other gathe­ring of vitailes nor other thing, by colour of their office, against any mans will within their bailiwike nor without, but that that is due of auncient right. Anno. 25. E. 3. cap. 7. Stat. 5.

26 No maner of Iurie shall be from henceforth compelled by any minister of the forest to trauell from place to place out of [Page 43] the places where their charge is giuen to them against their grée, nor by malyce, nor by manace,The verdict to be giuen vp where the charge is gi­uen them. or other duresse constrained to say their verdict of a trespas done in the Forest, otherwise than their conscience will cleerely informe them, but they shall say their ver­dicts vpon their charge, in the places where the charge is giuen them, as aboue is saide. Anno. 7. R. 2. cap. 3.

27 That no man be taken nor prisoned by any minister of the forest, without due indictment, or by manouerie, or trespassing in the forest, or els wher, nor shal not be constrained to make any ob­ligation or raunsome, to any minister of the forest by any maner, against their grée and the assise of the forest. And if any do against this ordinance in any point, and thereof be attainted, he shall pay to the partie damnified their double dammages, and fine and raunsome to the king for his offence. Anno. 7. R. 2. cap. 4.

28 From henceforth all and euery the Iustice and Iustices of the kings forestes, parkes & chases within this realme,Note that by the common law the Iustice of the forest is a Iudicial of­fice, and there­fore he could not make a deputie to ex­ecute the same office before this statute. which now be, or hereafter shall be, by their writing sealed with the seale of their office, shall make, assigne, depute and appoint as many deputie or deputies for the exercising of the same office of the Iu­stice or Iustices of the forests, as to such Iustice or Iustices from time to time shalbe thought conuenient, which deputie and depu­ties so appointed shall haue like power and authoritie to do and execute all things concerning the kings forestes, parkes and cha­ses, and all other things concerning the office and offices of the Iustice of the forests, to all intents and purposes,But it seemeth that the office of the chiefe warden of the forest is no Iu­diciall office, because the writt of Homine replegiando, is by the Statute of (An. 1. E. 3. ca. 8. before here 24.) to be directed to him. And further, if his office were a Iudicial place, he could not make deputies as he doth to execute the same. and in as large and ample manner and forme, as the same Iustice or Iustices might, or may lawfully doe or execute by ye lawes of this realm, and as though the same Iustice or Iustices were there personally present in his or their owne person or persons. Anno. 32. H. 8. cap. 35.

[Page 44]27 Euery man that hath wood within the Forest, may take the same wood without being attached by any officer of the Fo­rest,Anno. 1. E. cap. 2. so that he do it by the view of the Foresters. Anno. 1. Ed. 3. cap. 2. Statut. 2.

A man may hedge in, or fence his wood, and maintaine & keepe the same in the Forest by this statute. Nota per cest statute que vn auter person que le royne poit auer vn Forest per la comon ley. Nota que cest statute fuit in le negatiue del comen ley ergo le comen ley fuit con­trarie deuant ceo.If any of the Quéenes Subiects hauing woods of his owne growing in his owne ground within any Forest, Chase, or Pur­liew of the same, within this Realme of Englande, shall cut or cause to be cut the same wood, or part thereof, by licence of the Queene, or of her heires in her Forestes, Chases, or Purlewes, or without licence in the Forest, Chase, or Purliewes of any o­ther person, or make any sale of the same wood: it shalbe lawfull to the same Subiect, owner of the same ground whereupon the wood so cut did growe, and to other such persons to whome such wood shall be solde, Imediately after the wood so cut, to coppie, & inclose the same ground with sufficient hedges able to kéepe out all maner beastes, and cattell out of the same ground, for the pre­seruing of their yong springs: and the said hedges so made, the said Subiects may kéepe them continually by the space of seuen yeares next after the same inclosing, and repaire and sustaine the same as often as it shall néed within the same seuen yeares, with­out sewing of any other licence of the Quéene, or of her heires, or other persons, or any of their officers of the same Forestes, Cha­ses, and Purliewes. Anno. 22. E. 4. cap. 7.

The Statute for the drift of the Forestes, and what beastes are not to be suffered to common in the wast soyle of the Forest.

NO commons or commoners within any forest, chase, more, marish, hethe, common or wast ground, nor any officer or officers of or within any of the said forestes or chases, nor any other person or persons whatsoeuer he or they be at any time after the last day of March, which shalbe in the yeare of our Lord God [Page 45] a thousond fiue hundred & thrée & fourty, shall haue or put to pas­ture into or vpō any such ground, forest, chase, more, marish, heth, common, or wast ground, any stoned horse or horses, being aboue the age of two yeare, and not being of the altitude and height of fiftene handfulles, to be measured from the lowest part of the houe of the forefoote vnto the highest part of the wither, and euery hand­full to containe iiii. inches of the standerd, to pasture feede or be in or vpon any of the said forestes, chases, commons, moores, mari­shes, hethes, or wast groundes within any of the shiers and terri­tories of Norff. Suff. Cambridge, Buck. Huntington, Essex, Rent, Southampshyre, Northwilshyre, Oxford, Bark. Wor­cester, Gloucester, Somerset, Northwales, Southwales, Bed­ford, Warwyke, Northampton, Yorkeshire Cheshire, Stafford­shire, the countie of the citie of Yorke, the towne and liberties of Glocester, the countie of the towne of kingstone vpon Hul, the county Palantine of Lancaster, the countie of Salop. Leicester, Hereford, & Lincolne, or within any of them, nor shall put to feed or pasture any stoned horse or horses, being aboue the saide age of two yeares, and not being of the altitude and height of fourteene handfull to be measured, as is aboue said within or vpon any like ground or groundes as ben aboue written, liyng or being within any other shier of this Realme, nor within any of them, vpon payne of forfeiture of the said horse or horses, which shalbe founde in or vpon any such grounde, forest, chase, moore, marish, hethe, common or wast ground,It shalbe law­full for the finder of such to seise them. at any time after the said last day of March which shalbe in the said yere of our Lord God, a thousand fiue hundred and three and fourty, contrary to the fourme of this estatute. And it shalbe lawfull to euery person and persons that shall finde any such horse or horses contrarie to the fourme of this estatute, to seise the same in maner and fourme folowing, that is to say, the said person or persons so finding any horse or horses, contrary to this act in any forest, chase, common, moore, marish,Keeper or o­ther officers of the Forest, to help the findes hethe, or wast ground within the said shires, or other limittes a­foresaid, or in any of thē shal first go vnto ye kéeper or kéepers of the same forest or chase, or to his deputie or deputis, or to the cōstable, [Page 46] bailif, hedborough, bursholder, or tithing man of any towneship next adioyning vnto the saide place where the said horse or horses shalbe.Such Horses or Mares to be driuen to the Pound, and there to be measured, in the presence of three ho­nest persons. And shall commaund, or require him or them, or any of them in the kings behalfe, to goe with him or them to bring euery such horse or horses, as he or they shall thinke to be there feeding and goyng, contrary to this estatute, to the next pound, & there the said horse and horses to be measured by any of the same officer or officers, in the presence of three other honest men to bee named and appoynted by the said officer, and if it so be found that the same horse or horses be contrary to this acte,It shalbe law­full to retaine them to his owne vse. that then it shalbe lawfull to euery such person and persons that shal so challenge and cease the said hors or horses as before is said, to take and retaine the same hors or horses, and euery of them, to his owne vse, as his owne proper goodes & cattells for euer, without let interupcion, vexation, suite, or trouble of the owner or owners of them, or any of them, or of any other person or persons.

The said kee­pers, nor other officers shall not refuse to measure them.And it is further enacted by the authoritie aboue saide, that if any of the said kepers, their deputy or deputies, Baylyfs, Con­stables, Hedborough, Bursholders, or Tythyng men, or any of the said three other honest men, which shalbe required to be at the measuring of the saide horse or horses, as is before said, do refuse to do, as is aforesaid, or els do not truely measure such horse and horses, that then euery such bayliffe, keeper, deputy or deputies, constable, hedborough, bursholder, & tithingman and the said thrée honest persons to be named, as is aforesaid, and eue­ry of them not doyng, and refusing to doe his or their duety in the premisses, shall forfait and lose. xl.s. for euery time so refusing to do, or not doing as is a foresaid, the one halfe therof to be to the king, and the other halfe thereof, to be to the party that will sue &c. in which accion none essoygne &c.

Prouided alway that this acte shall not extende to any stoned horse or horses, that shall happen once in any yeare after the sayde last day of March, to breake, escape, or goe out of any seuerall pasture or grounde, against the will and minde of the owner, or possessour of such horse or horses, into any of the saide foresters, [Page 47] chaces, moores, marishes, hethes, commons, or wast groundes, so that the said horse or horses, so breaking, escaping, or goyng out, doe not remayne or abide in the saide forest, chaces, moores, marishes, heathes commons or waste groundes, or any of them, by the space of foure dayes next after sufficient and open notice and knowledge giuen at the dwelling house of the owner of the saide horse or horses, or after open publication thereof made vpon a Sunday,The maner & forme, how the forest shall be driuen, and that is yearely at the feast of S. Michael. or other festiual day in the parish church where the owner or possessour of such hors doe dwell. And be it &c. that all forestes, chaces, commons, moores, marishes, heathes, and wast groundes within this realme of England and Wales, and the marches of the same and euery of them shalbe driuen at the feast of S. Michael tharchangell next comming, or within xv. dayes than next after, and so yearely to be driuen by the Lords owners or possessours of the saide forestes, chaces, or by the officers of the same, and by the constables, hedboroughes, bailiffes, bursholders, and tything men, within whose offices and precincts and limittes,Forf. for not driuing of the forest. the commons, moores, marishes, hethes, and wast groundes, be­ing out of the forestes and chaces be or lie, vpō payne of xl.s. to be forfaited to our said soueraigne Lord the king, by euery of the said officers, baylifes cōstables, hedboroughes burshelders, & tything­men as often & at euery time as the said drift shalbe omitted or left vndone, or not effctually done within, xv. dayes after the said feast of S. Michaell tharchangell, as is a foresaide. And it shall also be lawfull to the said Lordes owners and possessioners of the said forestes & chaces, by their officers of the same, and by the consta­bles, bailifes, hedhoroughs, bursholders and tithing men,The drift of the forest is to be made as often as the officers shall thinke mee and e­uery of them within the limits of their offices, to make like drift of the said forests, chaces, commons, moores, marishes, hethes, and wast grounde, at any other season & time of the yeare whan­soeuer and as often as they shall thinke meete and conuenient.

And furthermore be it enacted, that if in any of the said drifts there shalbe foūd any Mare, fili fole, or gelding, that thē shalbe thought not to be able nor like to growe to be able to beare foles of resona­ble stature, or not able nor like to grow to be able to do profitable [Page 48] labours by the discrecions of the driuers aforesaid, or of the more number of them,Vnprofitable beastes to be killed. than the same driuer or driuers shall cause the same vnprofitable beastes and euery of them to be killed, & the bo­dies of them to be buried in the ground, or otherwise bestowed, as no noyance therby shal com or grow to the people there néere inha­biting or thither resorting. And it is &c. that the Iustices of peace in euery shire, ridyng, and other place in their quarter sessions to be kept and holden by vertue of the kings commission of the peace to them directed, and al stewardes of letes & lawdaies in the same letes & lawdaies shall haue authority by this acte to enquire of all defaultes, contempts, omissions and offences, contrary to the effects aboue written, and euery of them. And all presentments thereof to be found in any of the said letes and lawdayes shall be certified by the stewarde or deputie, steward or courtholder of the same lete or lawdaye in the next generall sessions of the peace to bee holden in the Countie where such presentment shal bee found or had, or vnto the Custos Rotulorum of the same Shire within fourty dayes next after that presentment made, which Iustices of peace in their quarter Sessions of the peare, shall haue power and authoritie by this acte to heare and determine euery such presentment before themselues found, or in any of the saide letes or lawdaies to be presented and certified, as is afore­saide, as well by examination as otherwise, and if any such ste­ward deputie, steward or courtholder aforesaid, inbesyl or conceal any such presentment, or do not certifie the same as is afore writ­ten, euery of them, so offending, shall forfait and lose for euery such offence xl.s. the one half of euery such forfeiture, and of euery other of the forfeytures afore written, to be to the king, and the other halfe to the person or persons that will sue for the same, be­fore the said iustices of peace in their said quarter sessions by byl or information, which Iustices shall haue full power and authoritie by vertue of this act to heare and determine euery such offence as­wel by examinacion as otherwise as is before mencioned. And be it further enacted by the authoritie aforesaide, that no person or persons, after the feast of saint Michael the archangell next com­ming, [Page 49] shall haue or put to pasture any horse, gelding, or mare, in­fected, with scabbe or maunge, in, to or vpon any of the said forests­chases, moores, marishes, hethes, commons, wast groundes, or common fieldes, vpon paine to forfait for euery horse, gelding, or mare so infect, pasturing in any of the said groundes, ten shillings, which offence shalbe inquirable and presentable before the stew­arde in euery lete, as other common annoysance be. And the for­feiture therefore to be to the Lord of the same lete, where the saide offences shall be presented. Prouided alway, that this act or any thing therein contained, shall not extend nor be preiudicall to any person or persons, hauing any stoned horse or horses, vnder the heightes & altitudes aboue mentioned, for or cōcerning the hauing or putting any of the saide horses to féeding in or vpon any cōmon or other waste grounds, where any mares, or fillies be not vsed nor suffered to be fed, pastured or kept An. 32. H. 8. cap. 13.

Assia de Woodstock.

ANd note that by the Lawes and statutes of the forest, called the statutes of Woodstocke: no forester shall walke or make any attachment for matters of the forest, except he be a forester sworne, for the wordes are these: Nec aliquis aliqem attachiat nisi sit forestarius Iuratus, that is to say, neyther shall any forester attache another man but he that is a forester swarne. And also it appeareth by some statutes, that no man ought to remaine and abide within the forest being of the age of xii. yeres and vpwards: but he ought also to be sworne to be trewe vnto the Quéenes Maiesties game of the forest, for the wordes are these: Omnes etatis duodecem annorum manens in foresta pacem venationis sue Iurent. Et clerici, laicum feodum tenentes pacem eius Iurent, which is that euery man of the age of xii. yeares shall sweare the peace of hunting of the beastes of the forest, and also Clergimen hauing Lay fée, shall likewise sweare the peace of the Quéenes Maiesties wilde beastes of the forest.

And now for as much as it appeareth by those Lawes that [Page 50] the Inhabitantes and dwellers within the forestes ought to be sworne to bee of good behauior towardes her Maiesties game: much more then ought those that are officers of the forest, as ver­derors, Foresters, Woodwardes, and Raungers, which haue charge of her Maiesties game especially to be sworne, for other­wise by collour of their office, they might spoyle her Maiesties game and destroy the same: wherefore to the end that those othes may the better be administred vnto such officers, by those that haue authoritie thereunto, and likewise obserued and kept by them that are compellable by the Lawes of the forest to take the same. I haue collected their seuerall othes, out of the auncient presidence of forest Lawes, and set them downe as hereafter fol­loweth.

The othes of the seuerall officers of the Forest.

The othe of a Woodward.

YOw shall trewly Execute the office of a Woodward of B. Woodes, within the forest of W. so long as you shalbe wood­warde their, you shall not conceale any offence, either in Vert or Venison, that shalbe cōmitted or don within your charge, but you shall trewly present the same without any fauoure affection or re­warde: And if you do see or know any malefactours, or do finde a­ny Déere killed or hurt, you shall fourthwith do the Verderors to vnderstand thereof. And you shall present the same at the next Court of the forest: be it Swanimote or Court of attachments, so helpe you God.

The othe of a Raunger of the Forest.

YOw shall trewly Execute the office of a Raunger in the pur­liewes of B. vpon the Borders of the kings forest of W. You shall rechase, and with your hound driue backe againe the [Page 51] wilde beastes of the forest, as often as they shall raunge out of the same forest into your Purliewes. You shall trewly present al vnlawfull hunting, and hunters of wild beastes of venerie, aswell within the purliewes, as within the forest. And those and all other offences, you shall present at the kinges next Court of Attache­mentes or Swanimote which shal first happen, so helpe you God

The othe of a Forester, or vnderkeeper in the Forest.

YOw shall trewly Execute the office of a forester, or kéeper of the kinges wilde beastes, in the walke called P. within this forest of W. Yon shalbe of good behauior your selfe towardes his Maiesties wild beasts, & the vert of the same forest. Yow shal not conceale the offence of any other person, either in Vert or Veni­son that shalbe done within your charge: but aswell the same of­fence, as also all attachments you shall present at the next Court of attachmentes or Swanimote which shall first happen to be holden for the same forest, and you shall to the vttermost of your power maynteine and kéepe the assises of the forest, and in all thinges the kinges right defend concerning the same, so long as you shalbe kéeper there, so helpe you God.

The othe of a Verderor, alias a Veredictor.

YOu shall trewlie serue our soueraigne Lord the king, in the office af a verderor in the forest of W. you shall to the vtter­most of your power and knowledge do for the profit of the king, so far as it doth apertaine vnto you to do. You shal preserue & main­taine the auntient rights and franchecies of his Crown: you shal not conceale from his Maiestie any rightes or priuileges, nor any offence either in Vert or Venison, nor any other thing. You shall not withdrawe nor abridge any defaultes, but shall ende­uour your selfe to manifest and redresse the same: and if you can­not do that of your selfe, you shall giue knowledge therof vnto the king, or vnto his Iustice of the forest: you shall deale indefe­rently [Page 52] with all the kings liege people: you shal execute the Lawes of the forest, and doe equall right and Iustice, as well vnto the yoore as vnto the riche, in that appertaineth vnto your office: you shall not oppresse any person by colour thereof, for any rewarde fauour or malice: all these thinges you shall to the vttermost of your power obserue and kéepe. so helpe you God.

The othe of the Inhabitantes of the Forest, being of the age of twelue yeares, as the same hath bene accustomed & vsed in auncient time.

YOu shall trew liege man be, vnto the kings Maiestie.
You shalt no hurt do, vnto his beastes of the forest,
Nor vnto any thing that doth belong thereto:
The offences of other, you shall not conceale,
But to the vttermost of your power, you shall them reueale:
Vnto the officers of the forest, or vnto them that,
May sée the same redrest.
All these thinges you shall sée done,
So helpe you God at the holy dome.

I haue here set downe the seueral othes of these officers afore­said, to the end that they being cōpellable by the Law to take an othe, may knowe what their othe is, and so by their othe, their office also: for it is a learning at the common Law, that such offi­cers as doe execute offices, in which they shal be forced to take an othe, their othe doth either at large or brefely comprehend the whole effect of their office, as you may perceiue by examininge of those othes aforesaid.

It seemeth, that where a Verderor or other officer of the Fo­rest, hath a right or interest, to haue yerely for his see one Buck, or one Doe, by reason of his office, or otherwise in any Forest. Parke, or Chase, that then the same verderor or other officer that hath such right or interest to haue such a Buck or Doe, as afore saide, may enter into the same Forest, Parke, or Chase, and there kill and take the same at his will and pleasure, and may iustifie the same ta­king and killing of them both by the rules of the common Lawe, and also by the rules of the Forest lawes, as it shall appeare by these cases hereafter following.

ANno. 2. R. 2. En trespas il est tenus come vn maxime, que si ascun home ad interest a ascū chose per le graunt ou assent dune auter,Fitzh. titulo Barr. 237. Parkins. fo. 28 et le partie que ad tiel interest ne poit auer le principal chose sans faire auter chose, que il poit faire le dit auter chose, et ceo iustifier eo quod il est le meanes a vener a son profit. Car la est tenus que si vn graunt a moy touts ses arbes cressants in son boys, ieo poy eux succider & carier per tout son terre & mesque son herbe soit defoule oue le carrage, il nauera briefe de Transgr [...] de ceo. Car les arbres soint tiels choses que sils ne deuissent este ca­ries oue carects, il ne puit auer eux [...]e faire son profit de eux. Et le case fuit la Auxsi adiudge que si vn vend touts ses pessons en son stanke, et le vendee, fowa vn trench, issint que le ewe poet currer horse, & per tiel meanes il puissoit prender les pessons. Et le ven­dor port briefe de trespas vers luy pur le fower, et la agard fuit que il recoueroit, pur ceo que il puit prender les pessons per rethes; ou auters engins: Mes si nust este ascuns auter meanes a prender eux: Auter vst este Come est la tenus. Et pur le vener al banks a pischer, il poit bien iustifier,Per la forest ley. M. 13. H. 7. fo. 10. a nota. 9 car sans ceo il ne poit eux prender per ascun meanes. Issint que home touts faits, Iustifiera la necessarie circūstance, lou il ad title al principall chose. Et M. 13 H. 7. fo. 10. et nota 9. le case fuit tiel. En br' de trespas sur le sta­tute de mistesors in parkes le defendant dit que le pleintife done vn dame male a vn B. & il come seruant a le dit. B. vient oue luy [Page 54] a le dit parke et per son commaundement luy aide de tuer le dit dame per force de quel il vient et enter in le dit Parke, et chase le dit dame et luy tua, de quel chase le pleintif ad conceiue cest accion: Et loppinion de touts les Iustices fuer cleremēt, que ceo fuit bon iustification. Car ils diont que si vn home ad vn garrant pur vn dame male ou female il est congeable a luy de amesuer sez seruantz oue luy de prender le dit dame, car autermēt il serra chase de pren­der le dame luy mesme, le quel nest reasonable per que ils semble le iustification bon quel case bien proue que lou vn home ad intrest al vn dame come vn verderer ad il poit iustifie le prisans de ceo oue son seruants. Car auterment si le forester ne voile occider son dame pur luy, il ne poit auer son dame. Car il nad ascun meanes in la ley a compeller le forester a occider le dame pur luy, et don­ques si le forester ne voile occider le dame, ne il mesme puit iusti­fier al occider son dame demeane. Donques la ley ne ad prouide ascun remedie pur luy auener a son dame demeane en que il ad in­terest, et pur ceo la ley nest issint vnreasonable. Car la ley ad pro­uide vn remedie pur chescun home auener a ceo en que il ad ascun interest, & ceo auxibien en tielx choses de pleasure lou il ad interest en eux come in son proper biens. Come il est bien proue per vn case que fuit adiudge Termino Hillarij. Anno. 13.Hil. 13. H. 7. fo. 13. a. nota. 2 Henrici sep­timi. fo. 13. nota ibidem. 2. Et le case fuit tiel le Duches de Northfolke port accion pur chaser en son Parke apud Lopham in Comitatu Northfolk vers Wiseman & alios. Ils diont que le Duches licens le Comes de Suffolke pur chaser a son pleasure in le dit Parke, & ils monstront que al temps de trespas, le dit Comes vient in le dit Parke.Nota le diffe­rence inter choses de pleasure, & choses de profit, car lou home ad li­cence de plea­sure il ne poit iustifier mes pur luy mesme. Et lou home ad licence de profit il poit iustifier pur auters sicome son seruants et issint lou home ad interest in vn dame a auer ceo cest est vn chose de profit & nemy de pleasure, nota le difference. Et les defendants oue luy chase &c. Et fuit monstre que cest ple ne fuit bone, car per le licens don al Comes, que est forsque pleasure, ceo extende forsque a luy, et nul auter iustifier per cest licens, car si ieo done licens a vn home pur manger ouesque moy, nul de ses seruants iustifier lentre en ma meason per reason de cest licence, car est licence de pleasure. [Page 55] Et issint si ieo done licens a vn pur aler a son pleasure in mon Or­chard nul de ses seruants iustifier per son licence. Mes si soit li­cens que est profit et nemy pur pleasure, auterment est. Car si home done licence a moy de carier ouster son terre ou mon charue meys seruants iustifier per son licens. Et issint si home licens moy dauer vn arber in son boys: Mes seruants iustifier le scier del ar­bor & lentre. Car ieo auera profit pur ceo. Et issint fuit lopinion de court & puis les defendants diont que le duches done licence a le Comes pur chaser, occider & amesner oue luy les dames a son pleasure, Et donquos ils diont, que le dit Comes vient la, et ils oue luy et per son commaundement enchaseront et asportaueront &c. Et ceo fuit tenus bon. Et le licens fuit alledge in Suffolke, &c. Et le Duches reioynder de lour tort demesne sans tiel cause. Per quel case est fort dure proue que lou home ad interest in vn dame issint que il est auer ceo donques il est a auer profit per ceo. Et le verderer ad intrest al vn dame in la forest pur son fée dame et il est auer ceo et donques il est auer profit per ceo. Issint que il poit auxibien iustifier pur luy et pur son seruaunts a occider le dit dame in le forest come le dit Comes de Suthfolk poit iustifier per vnam & eadem rationem que il est auer profit perceo. Et pur ceo que il ad vn intrest et droit auer le dit dame et il nad auter meanes auer ceo si le forester ne voile occider le dit dame pur luy. Et si le forester complaine de dit verderor al Iustice del Eyer pur occider de vn dame il poit bien iustifie le occider del dit dame deuant le dit Iustice de Eire, pur ceo que il est auer ceo et il est a auer profit per ceo pur quel cause il ceo prist ceo come vn chose que il de droit doit auer et cest prisans nest enconter lassises & ordinance del fo­rest que sont in ceux parolx,Ordinatio Fo­restae. fo. 30. cap. 10. si quis ceperit feram sine waranto in foresta issint vne nest punishable que prist feram oue vn warrant et le intrest del verderer ou officer dauer vn dame est bon war­rant, quod nota.

Certain Cases queux concernant matters del Forestes, Parkes, et Chases, que sont adiudge et escrie in nostre liuers de la comen ley come ensuit.

Misusans del officer de Forest in son office, est cause de forfeiture de son office.

ANnuitie per Brian Iustice, si home ad Parker qui garde son Parke,M. 15. E. 4. fo. 3 b. Br. Forfei­ture. 17. & il occist ses Dames cest est bon cause de luy metter horse doffice quere si seneschal, Auditor, vel huiusmodi, ingrosse lour liuers fauxment, et fo [...]nt faux discharges et huiusmodi, si ils ne sont in mesme le degrée del officers et issint vn forester qui oc­cist son dames sans garrant il est forfeiture del son office. 15. E. 4 fol. 3. Et cest case est bien proue per vn plee, que est plede en a­uoidance de vn assise port sur vn graunt de vn office de vn Par­kership oue le rent de xx.s. per an, et le redd'vij. quarter frumen­ti & de officio parcarij parcij de B. habend'& percipiend'pro eodem officio quamlibet arborem & ramos arborum per ven­tum prostratum in eodem Parco necnon pro quolibet Porco in eodem parco ad pannagium posit' pro eodem pannagio vnum quadrat', Libro intraco­nis. fo. 75. in assise in office. 1. & ibidem in office. 2. et le defendant in le dit assise dit que il ad tiel graunt et tielx fees a pertener a ceo. Mes le plaintife in la dit assise ad occid les dames en le dit Parke sauns garrant. Issint que il ad for­feit son office per ceo, et le dit plaintife reioynd que il ad tua la dames per le commaundement del pleintif, et issint al issue. quel case proue que est clere ley que pur parker occider dames sans garrant est forfeiture de son office, et issint est pur forrester, car il est officer agarder les dames et nient a occider et destroyer eux sans speciall garrant a ceo faire,5. E. 4. fo. 26. Br. Forfeiture 54. et en Anno. 5. Ed. 4. fo. 26. Le case fuit tiel Annuitie est demaund pur office del Parkership graunt a luy pur terme de son vie, le defendant dit que loffice fuit graunt al plaintife, vt supra, et que tiel office este de temps dont &c. et que [Page 57] le keepers ont garde le deere, et le boys per idem tempus. Et que del second iour de Iulii tanque le xiiii. iour de mesme le mois 22. sauages fueront tues per persons disconus in negligence le pleintife. Et hoc &c. (Yong) Per negligence del officer lannuitie, et loffice est extinct. Et per Choke Iustice, si Seneschall ne tient les courts, ou ne eux tient pur le profit del seignior cest forfeiture de son office. Newton Iustice, Parker nē tenus de gard le parke chescun iour, ne demaine iour ne festiuall iours, mes serra al de­uine seruice ne in le nuit, ne degarder ceo contra vi. ou viii. hōes, car vltra posse: Et garden de prison que permit wilfull escape cest est forfeiture de son office, mes escape in le nuite nest que ne­gligence del officer, quere inde. Arderne, plus est in le plee que ne besoigne .s. adire que les keepers ont garde le deere & le boys in le parke. Car ceo est intend en le ley. Et tenetur quod neglexit custodire, nest bon issue, Car neglexit est adinier. Yong, il non custodiuit parcum per 12 dies, vt supra. Danby, cest est le meli­our pleading, Et nota que est communiment dit quod quel ley est de Parker mesme le ley est de forester del vn forest.

Et in Anno quinto, Edwardi quarti. fol. 5.Anno 5. E 4. fo. 5. Br. for­fecture. 55. Le case fuit aiudge que si Parker ne gard le parke tali die, per que le deere sont occise per persons disconus, ceo est forfeiture de son office, pur ceo fuit le negligence del keeper del parke. Et semble mesme le ley del fo­rester del forest, car il ad mesme le charge del dames come parker ad in son parke.

Et in Anno 11. H. 4. fol. 1. fuit tenus per Vauisour, An. 11. E 4. fo. 1. Br. forfec­ture. 61. non atten­dance sur office per lofficer est forfeiture. Et idem de fesans con­trarie a son office. Et idem de misfesans de son office que il ne fait droit al parties. Et idem sil foit demaund pur vener de faire son office, et ne vient, et vide tiel matter. 20. E 4. fol. 6.20. E. 4. fo. 6. Br. Forfecture 115. que officer que ne voit vener a faire son office forfeitera son office.

The Lord chiefe Iustice of the Forest, hath an absolute au­thoritie appointed vnto him, to determine of offences that are committed and done within the Queene Maie­sties Forestes, either in Vert, or Venison: And the same offences are to be determined before him, and not before any other Iustices, except those that are appointed by her Maiesties Commission vnder the great Seale of En­gland to aide and assist the said Lord chiefe Iustice in that place, as it doth appeare by the Statute of Carta de Fo­resta, Cap. 16. in these wordes, as followeth.

Charta de Fo­resta. ca. 16. NVllus Constabularius, Castellanus vel balliuus teneat pla­cita de Foresta, siue de viridi, siue de venatione, sed quili­bet forestarius de feodo. Attachiat placita de foresta tam de vi­ridi quam de venatione, et ea presentet viridarijs prouinciarū, et cum irotulata fuerint, et sub sigillis viridariorum inclusa pre­sententur capitalibus Iusticiarijs nostris de foresta cum in partes illas venerint ad tenendum placita de foresta & coram eis termi­nentur. Has autem libertates de forestis concessimus omnibus, &c. By which words of the statute coram eis terminentur, doth exclude any other Iustices to heare and determine the said offen­ces of the Forestes, but onely the Lord chiefe Iustice of the Fo­rest, and those that are in Commission appointed with him to aid and assist him: For the statute is in the negatiue of the common Lawe, and doth restraine all other Iustices, and saith coram eis terminentur: and in that sence the Statute is taken by the lear­ned Iudges of the common Lawe: For in Anno. 21. H. 7. fo. 22. the case was such.Anno. 21. H. 7. fo. 22. nota. 8. En trespas de malefactoribus in parcis et Count que le defendant intrauit in quandam Forestam, et lop­pinion del court fuit que cest accion ne gist mye, si non sit, pur mis­fesans in parcis, Car le statute de West. 1. cap. 20. est cantsole­ment en Parkes, et ceo serra pris stricte. Issint le punishment que est done pur male fesans in forestes est punishable per lesta­tute de Charta de Foresta et nemy en auter maner, &c. By which case there are two things to be noted, that is to saye, First, that [Page 59] the statute de malefactoribus in parcis doth not extende to a Fo­rest,Stat. Westm. 1 cap. 20. de ma­lefactor' in Parcis. for that a Forest and a Parke are two distinct things at the common lawe, and therefore that statute that was made to re­forme iniuries done in the one doth not extend to any hurtes done in the other. The second is, that by the said case it doth appeare,Charta de Fo­resta. ca. 16. that by the construction of the statute of Charta de Foresta made for offenders in the Forests, they are to be punished according to the same statute, and not in any other manner, as it doth there more plainly appeare.

And in Anno. 21. H. 7. fol. 30. nota 7.21. H. 7. fo. 30. nota. 7. the case was as follow­eth: Endictment de occiser de vn Hart proclame troue deuaunt Iustices de peace, et lenditement fuit challenge pur ceo que il ne monstre en lendictment en quel lieu le proclamation fuit fait. Et auxi il ne monstre en quel lieu il fuit occise, car si fuit occise hors del boundes del forest, il est loyal a luy de luy occiser, fuit dit per seigniour Fineux que il puit pleder cest matter al iurisdiction del court, pur ceo que les Iustices del forest determiner cest matter, &c. By which case there are sixe things especially to be noted.

1 First, that euery Indictment against any offendor, for of­fences done in the forest, must be certaine concerning the thing it selfe, for which the offendor is Indited, as to shew that it was for killing of a Hart, and also to shew where he was proclaimed a Hart.

2 Secondly, that it must be certaine, concerning the place where the offence was done, for that the killing of the Hart with­in the forest, or without the forest, doth make the same killing an offence, or no offence, & therefore it must be shewed in the Indicte­ment certaine,Et vide le case 12 H. 8. fo 10. que proue qui si ceruus est extra forestam vagrans est loyal a chescū subiect a occi­der & apren­der ceo. in what place of the forest the same Hart was kil­led, for otherwise it doth not appeare that it was any offence by the Lawes of the forest.

3 Thirdly, it is to be noted that a Hart proclaimed, (which is called in Canutus Lawes, fera Regalis a Roiall beast, being a beast of the most estimation of any wilde beast in the forest,) yet if he be wandering out of the forest, it is lawfull for any of the kings Subiects to kill him, without any offence in the forest Lawes.

[Page 60]4 Fourthly, it is therefore especially to be noted, that a forest must haue his limits and boundes, within the which the wilde beastes of the forest are to haue a place of firme peace for them to abide in: in the safe protection of the king, frō the hurt of his sub­iects: whereof the same doth receaue the name of Forest, that is to saie, a place for the wilde beastes to abide in for rest: which by shortnes of speach, is called Forest.

5 Fiftly, that such offences which were committed by any offenders within the forest, are to be tryed before the Iustices of the forest only, & to be punished there by the forest Lawes: for as much as there are Lawes appoynted for that purpose, differing from all other Lawes.

6 Sixtly, that if any man be indicted or called in question for any such offences that are done or committed within any forest, either in Vert or Venison, in any other place then before the Ius­tices of the forest, that then euery such offendor may plaed that matter to the iuridiction of the court where he shall so be called in question, and shew vnto them that the offence for the which hee was called in question was done in such a forest, and that the Iustices of the forest are to determine that matter only, and that no other person haue power nor authoritie to determine that of­fence.

Ordinatio Fo­restae, in which is in secund [...] pars veterum Statutor. fo. 67And further it is manifest, that by the Statuit of Ordinatio Forestae, it is ordained and appoynted, that all offences that are done, or committed within the forest, either in Vert or Venison, shalbe presented at the next Swanimote: and the statuit doth set down there in what order, & before whom it must be done, that is to saie: corā forestarijs, viridarijs, regardatoribus, agistatoribus, et alijs eorundem forestarum ministris &c. et si in alio modo fiat Indict' pro nullo penitus habeatur: which doth not only shew that all offences committed and done within the forest, either in Vert or venison, are only to be presented before the officers of the forest, but it doth perfectly sett downe the manner how the same shalbe done, & if it be done in any other manner then there is set downe, the same shalbe voyd: by which Statute, it is to be gathered, that [Page 61] all the procedings against offences committed in the forest, in any other place then before the Iustices of the Forest, shalbe void: and that none other haue power and authoritie to procede against offendors in the forest, but the Iustices of the forest only.

Certaine cases and especiall notes, meete to be learned of all men that will knowe the nature of wild beastes, and who hath, or ought to haue any interest or propertie in them: All which are things very nesesarie for foresters, and offi­cers that doe belong to the forest to knowe.

ANno 43. Edwardi. 3. fo. 24. in an accion of trespasse, it was holden that the writ shall not say, damamsúam cepit: 43. E. 3 fo. 24. Br. Propertie 10. if he do not saie that it was taken in his park or warren: or else say, that he was damam domitam, which doth proue that if the beast that was taken a way be not a tame beast, the plaintife hath not any propertie in him when he is out of his ground, for so long as he is in his parke or warren, he hath then propertie in him, ratione soli. 22 [...] Br. Propertie 19.

And in Anno 22. Henrici 6. fol. 95. It is holden by Newton that in an accion of trespasse brought, quare clausum suum fregit et damas cepit, that there he may well saie damas suas: and so you may sée, that where wild beasts of nature be taken out of my soyl, I haue propertie in them so long as they are in my soyle, & then I may saie Damas suas, and when that they are out of my soyle, I haue no propertie in them, & therefore he cannot saie Damas suas. 7. H. 6. fo. 38. Br. Propertie 20

And in 7. H. 6. fo. 38. it is there holden, that when sauage beasts of the kinges goe out of the forest, the propertie is out of the king, & so you may sée that the king hath propertie in them when they are in the forest: for it is said there, that the land maketh the pro­pertie of such wild beasts, quod nota: for if they be out of the fo­rest of the king, or out of the owners parke or warren, then capi­enti conceditur.

And in. 18. E. 4. 14. it is holden there that the deare in a parke which are wild of nature, a gift of them is void,18. E. 4. fo. 14 Br. Propertie 31 if he to whome the gift is made, do not take & kill them while they are in the parke: for the owner hath propertie in them, but ratione soli, so that if [Page 62] they be out of the parke, the owner of the parke hath no interest or propertie in them.

43. E. 3. fo. 24. Br. Propertie 37.And in Anno 43. E. 3. fo. 24. it is holden that an accion of tres­passe quare damam suam cepit doth not lie, except the Déere were taken out of his soyl, for otherwise he cannot saie damam suā because he hath no propertie nisi ratione soli, but it is cōtrarie, if it be damam suā domitā cepit, for in tame déere the owner hath propertie, quod nota diuersitatem: for in Bées, Foules or Fishes sauage,Natura bre­uium. fo. 87. there is not any propertie nisi ratione soli. Vide Natura breuium fo. 87. de Esperuers Cunicles et Feris.

An. 12. H. 8. fo. 10. Br. Pro­pertie. 45.And in An. 12. H. 8. fo 10, the case was as followeth: a foster of the forest, doth pursue & followe a hunter, that had chased a Hart out of the forest into his owne proper land, and there killed him, and the Foster of the Forest did pursue him, and did take the Hart againe: and the other that had killed the Harte, brought an Accion of Trespasse, de ceruo mortuo capto et asportato, and he was barred of his accion: for so long as a sauage beast, Fishe, or Foule is in my land, I haue possession of them, and also propertie ratione soli, and so hee that doth chase them out of my land, and doth kill them in his owne proper lande, he shall lose his labour therein, and not gaine any propertie: And I shall haue the thing killed, if I do freshly persue it: for that it may be knowen by the skin, hornes, and such like. If the same do goe out of my land of his owne will, then is it lawfull for euerie man to kill him, for capienti conceditur, and so note a diuersitie, where a man of his owne wrong, doth constraine him to goe out, and then kill him, (and where contrarie) and it is holden there by Brooke a Iustice, that if a man suffer his Faucon to flie at a Fesant, and kill him in an nother mans land, he may pursew his Fawcon, and take the Fesant, and he shall not be punished, but for his entrie into his ground: for the taking of the Fesant, by my Faulcon, is a possessi­on in me: and so where my hound doth take a wild beast: contrary of the taking of an Otter, Fox or Graye, for those are vermin, and against the comon wealth, & they are carrin: & because they are enimies to the common welth: men may iustifie the entrie into [Page 63] other mens land to destroy them: But Déere, Fesants, and such like are pleasures and good meate, & men haue propertie in them, nisi ratione soli.

And in An. 12. H. 8. fo. 4. it is there holden,12. H. 8. fo. 4. Br. Propertie. 44. that a man may haue propertie in hounds, hawkes, thrusshes, popiniayes, and such like, which are wild beasts of nature if they be made tame: and then the owner shall recouer dammages in an accion of trespasse for the ta­king of thē. And yet if he do giue omnia bona et ca [...]talla sua, those do not passe by that gift, and by Eliot a Iustice, no Repleuin doth lye of them. And Iustice Brudnel doth shew the reason therof: for (saith he) the propertie is not properly knowen: and yet an ac­cion of trespas doth lye of the taking of them, and likewise for a Mastiffe: and it is there saide, that there is no Tythes paide for such wilde Beastes.

Certaine cases collected and gathered out of the bookes of the yeares and Termes of the Common Lawe,Graunt. concer­ning Forestes, Parkes, and Chases, as followeth.

IN Termino Michaelis, Anno. 1. & 2. Elizabeth Regina: M. 1. 2. Reginae Elizabethe, Dier, fo. 169. nota ibidem 1. The case was as followeth: Rex Henricus 8. per litteras patentes datas Anno regni sui 33. ex certa scientia et mero motu suis de­dit concessit, et ad firmam tradidit Richardo Crumwell militi Forestas suas de Waybridge & Sapley in com̄ Hunt. habend. sibi cum suis partibus, membris, porcellis, & pertinentijs vniuer­sis, ad terminum lxxx. Annorum, reddend. vi.li.xiii. s. iiii. d. per Annum &c. oue cest clause, scilicet, & praedictus R C. exe­cutores & assignati custodient, habebunt, & manutenebunt in forestis, de tempore in tempus, durante termino praedicto, cen­tum damas, & eosdem seu alios consimiles in numero in prae­dictis Forestis, in fine termini praedicti dimittent praefato Regi haeredibus & successoribus suis, Le parol Fo­rest include le game & touts auters choses in le forest. sans ascun auter reseruation del game. Et ore le seignior North que ad le fee simple, voil pren­der de la game ou donor garrant la. Et come semble a plus part de les Iustices & Sariants dambidenx measons, et al Atturney [Page 64] la Roigne, que il ne poit, car tout le game fuit include en le parol et nosme de Forest, et les 100. dames ne sont reserues destre occide ne ascun de eux, Car donques nest possible pur le lesse a perfor­mer son couenant supra, mes il est reserue tantum pur la mainte­nance del game & forest.

Purpresture Anno. 7. Eliza­beth, Dier, fo. 240. b. nota. 45. Anno septimo Elizabeth, the case was as followeth: Fuit re­solue per le plus parte de les Iustices, et le Counsell del Roigne cest terme a Sariants Inne, In presentia Comitis Sussex Iustic' Forestar' citra trentam, que le building de vn nouel mease in le seueral soyle ou in west dascun home deins vn Forest, est vn Pur­presture et noyance al forest et game, & finable ou rentable pur le tolleration ou permission de ceo destoyer, al arbitrement et dis­cretion del Iustice;Grannt de herbage del Forost. Anno. 11. Re­ginae Elizabeth Dier, fo. 285. nota. 40 Per graunt de herbagio Fo­restae, The Pa­tentee may in­close the Fo­rest. Malefacto­ribus in par­cis. Anno. 15. 16 Elizabeth, Dier, fo. 326. nota. 3. Purlieu del Chase. ou raceable et desire deserue al pleasure, &c.

Anno. 11. Elizabeth, the case was as followeth: Le grauntee ou Patentee del Roy de herbagio forestiae auera trespas vers as­cun que consume ou descroy les herbes, mes nemy larbres, ne del fruit de ceo, et auxi prendra beastes la dammage fesant, et le brief de Trespas, quare clausum fregit, sibien il fuit de terre, et per le oppinion de iii. Iustices in Banco Regis Termino Trinitatis. 2. H. 8. Le patente poic incloser le Forest per tiel graunt.

In Anno 15. & 16, Elizabeth, the case was as followeth: Le Chase de Whaddon est le inheritance del Corone, et le seignior Gxey lieutenant de ceo in fee, et il et ses auncestours & lour kee­pers per prescription ont vse de hunter in auxi bien per nute come per iour, les dames vagrants in le maner dun Fortescue de S. adioignant al dit Chase, come in le purlieu del Chase, mes de­uided oue vn hay & dych. Et Fortescue ad per le grant del Roigne auxibien le dit Maner, come le franke warren in les demesne ter­res de ceo. Auxi bien per sa graunt demesne come per confirma­tion dauncient former Charters, oue les parols. Ita quod nullus intret in Warrennam illam ad fugand'sine licentia & volunta­te. F. Les keepers del Seignior Greye in August darreine, fue­ront disturbe et nauffrees pur vsant cest libertie in hunting en les dits demeanes, oue graund violence et dāmage fait per les ser­uants de F. de guels ils estoyent indicted, et per mandatum de [Page 65] lour master, puis quel temps vn seruant del seigniour Gray este­ant in le companie del keeper & naufre al dit affray, est mort des strokes &c. cest matter esteant primes oye deuaunt le Counsell fuit commit al examination pur les ley matters, a les deux chiefe Iustices et latturney generall, queux ayant oyes les parties & lour Counsailours, pensent le ley destre, que le prescription esteant proue voyer, (quel F. denia) nient obstant le vnite de possession del Chase et maner de S. in la Roigne, et nient obstant le graunt del Roygne mesme, et sa confirmation del garren, oue les gene­rall parols de prohibition auaundits, queux extend tantum a le Subiect. Le libertie del Purlieu remeina vnextincted, & donques le tuer supra nient iustifiable per le statute de Malefactoribus in Parcis, & Warrennis, &c. Graunt dol herbage del parke. Hillar. 6. 7. E. 6. Dier, fo. 80. nota. 59

An. 6. Ed. 6. fo. 80. The case was as followeth: Item, le her­bage, Agistement, et Panage de Stowe Parke est graunt, et il surcharge le Parke oue ses auers. Issint que les dames nont pa­sture: Quere quel remedie pur le graunter, pur ceo que il ne re­serue ascun pasture pur le game.

Item le office del parkership del dit Parke fuit graunt oue vn fee de 3. li. de les rents:Anno 6. E. 6. fo. 80. nota. 90 ibidem issues et profits del mannor de Stowe per les mines del receauer del dit mannor. Quere si cest graunt doit charger le mannor, &c. et semble al seigniour Mountagewe & maister Halles, Iustice, que cy. Et postea concord', et dominus Willowby dedit 600. li. pro omnibus dimissis, & concessis.

In Anno. 33. H. 8. Report per mon seigniour Dier: It is there holden, that if a man do hunt in Forest, Parke, or Chase,33. H. 8. Dier, fo. 50 [...] so that the same is felonie by the Statute, yet the partie may make it trespas or felonie at his pleasure whether he will (saith he:) and so these collections & notes I haue gathered out of the Reportes of Sir Iames Dier knight, late chiefe Iustice of the Court of Comon plees, which notes, if you list to search the booke for them you may see in the Margent of euery seuerall case, the folio and note in the which the same matter is contained, and because that they are necessarie matters for the knowledge of Forest Lawes, I haue added them vnto this Treatise.

Concerning the cutting downe of Woods in the Forest.

M. 9. 10. Eliza­beth, in les Comentaries, fo. 332. b. per Wray chiefe Iustice. ANno. 9. & 10. Elizabeth: I do finde one verie especial case, concerning the felling of woods within the Forest of Wal­tham, and the case is as followeth in these words. Wray dit, que si Mannor que est deins vn Forest del Roy Come del Waltham Escheat al Roy, et le Roy done ceo Mannor a vn auter in Fee, il nad in le done del manner done a luy le libertie que il auoit en le maner touchant le Forest, Car Ialemains il est deins le Forest, et subiect al pasture de dames et feres del forest,Note that a man can not fell his wood in his owne ground with­out licence. et il ne poit scier son boyes la deins sans licence del Iustice del Forest, Car ceo est chose collaterall al soyle. Et issint en le done del soyle chose col­lateral al soyle come sont choses de Prerogatiue, ou libertie ne passeront point. By which case you may note, that no man can haue any mannors or lands within the Forest, but they must be subiect to the Lawes and bondage of the Forest, that is, that the King (in respect of the wilde beastes that are there to be maintai­ned for his princely pleasure and delight, which cannot be there kept and preserued without Couert and secrete places for them to rest and abyde in:) hath such a prerogatiue ouer the woods of eue­ry man within the same Forest, that no man may fell or destroye his owne woods without licence of the Iustice of the Forest:Consuetudi­nes & assisa foresta, fo. 29. and so it doth also appeare by the statute called Consuetudines & as­sisa Foresta, cap. 6. in these wordes, Liberatio autem housebote & haybote fiat pro vt boscus pati potest, in statu quo est & non ad exigentiam petentis: nec potest aliquid dare nec vendere, de bosco sine warranto domini Regis, which in English is thus: But deliuerie of housebote and haybote shalbe made as the wood may suffer the same, to remaine in the state in which it is, and not at the request of the demaundant, neither may he giue or sell anything of the wood without the kings warrant, by which lawe it doth appeare that a man may not take housebote nor haybote, but by deliuerie of the Forester, or warrant of the King.

And by the Statute of Anno primo of Edward the third, ca. 2 It is plaine, that no wan in the Forest may take or cut down any [Page 67] wood without the view of the Foresters,Anno. 1 E. 3. cap. 2. Vide Pulron in his Abridgement, in titulo Woods. 23 or licence of the Iustice of the Forest, although it be in his owne ground: for the wordes are these, Euery man that hath woods within Forests may take the saide wood without being attached by any officer of the Fo­rest, so that he do it by the viewe of the Foresters: then Ergo, without the view of the Foresters he cannot do it. And so to con­clude, it seemeth that no man can cut downe any woods within the Forest, without the view of the Foresters, or licence of the Iustice of the Forest.

Et nota icy sont diuers prescriprions que soint bone enconter le Roy, et quel prescriptions home poit bien prescriber in Forests del Roy incounter luy come icy ensuit.

HOme poit prescriber que il et touts ceux que estate il ad en le manner de D. ount ewe parke in mesme le maner come ap­pend &c. et bon Itinere North. 3. Ed. 3.Itinere North. An. 3. E. 3. Br. Prescription. 57 Br. Tit. Prescription 57 et issint note que home poit auer vn Parke per Prescription ap­pendant al son manner.

Et in An. 5. E. 4. dictum fuit pro lege, 5. E. 4. fo. 118. Br. Prescriptiō, 64 que home poit prescriber destre discharge de Corodie, et idem in Leete, ou dauer park, mes Econtra in bonis & cattallis felone ou incognitione placit'. Car le Roy mesme ne poit ceo auer nisi per matter de record: et ideo comon person ne poit estre de meliour condicion.

Et in An. 11. H. 6. En vn accion de Trespas,An. 11. H. 6. fo. 2. Br. Pre­scription 95. le defendant pre­scribe in luy et son auncester, et en eux que estate il ad in tiel meas. & terre in D. desse garden del bois de D. preignant Annuatim de chescun communer la xii. d. et le pl. ple de graunt a luy pur certein temps expire, & trauers le prescription & bien & vncore in transgr. &c. le prescription admit in luy & son ancester et in ceux que estate et issint vn poit prescriber destre garden de boyes.

Et in An. 2. R. 2.An. 2. R. 2. fo. 15. Br. Pre­scription. 100. Le case fuit tiel que la il fuit adiudge bon cu­stome de prescribe que ou Swan vient sur terre de ascun adioyne al Ewe de Tames, et eira la, & ad 3. Signets, que le owner del Swan auera 2. des meliours & lowner del terre le 3. Car auter­ment le owner del terre poit eux enchase quod nota: et hic in par­ticul' [Page 68] Com.Regula, hic Nota quel pri­uilege le royall gamedel swan ad sur le terre de auter in cō ­siderac. del dit land bitd per la custome. An. 13 H. 7. fo 16. Br. Prescripcion. 107. Nota que hōc poit prescriber al hunt in terr de vn auter al rechaser les sa­uage beasts al Forest le roy. Br. Prescriptiō 108 Car dictū fuit pro lege 2. Mariae, que custome poit estre allege ou est nul person que poit prescriber. Cōe inhabitants ne point prescriber, mes ils poit alledge custōe que les inhabitāts point cominer in Dale que lun va ou le lieu et lauter ou le person quel person doit estre able de prescribe, car aliter nil valet.

Et in An. 13. H. 7. in Transg. de close debruse le def. dit que le lieu ou &c. gist adioynant al forest de Windsor, dont il est Foster de fee, et il et ses ancestors de tempore &c. ount vse mesme le lieu ou &c. Denchase les sauages del Forest oue ses chiens, & de eux rechaser al Forest, & que 4. dames viende extra Forestam la per que il eux rechase &c. al Forest &c. et bon prescripe. per Mordant, Frowike, Vauisour & Brian, car ceo poit auer loyal comencemēt.

Et vide Brooke in tit. Prescrtption, 108. que home poit pre­scriber que il & ses ancestors de tempore &c. et ceux que estate il ad in le maner de C. ont Ewe Parke la come appendant de tempore &c. et bou clame.

Et nota ceo come vn maxime in touts prescriptions & clames auxibien al comen ley, sicome in le Forest ley que vn poit bien prescriber tiels choses que point auer loyal comence­mēt, mes de tiels choses que ne point auer loyal commen­cement nul poit prescriber sans monstre del Charter inde ante temps de memorie, ou de allowance de ceo in Eire pu­is temps de memorie.

An. 1. H. 7. fo. 23. Br. Prescription. 56ET approuer ceo, vide le case in An. 1. H. 7. fo. 23. Que home ne poit prescriber in Sanctuarie nisi monstrat Chartam Re­gis ante temps memorie, et allowance in Eire puis tēps de me­morie, mes home poit prescriber in waife, straye, et wrecke, mes nemy in cattalla felone vtlagate, ne dauer conusans des plees ex­tra Curia Regis sans monstre Charter ante temps memorie & allowance in Eire puis temps memorie.

An. 11. H. 4. fo. 16. Br. Pre­scription. 83Et An. 11. H. 4. f. 16. fuit tenus in Transg. que home poit pre­scribe que il et ceux que estate in le maner de B. ont ewe wreke de tempore &c. in B. et bene sans allowance in Eire. Tamen per Hanke il doit auer Charter inde vel allowance in Eire puis tēps de memorie, et issint nota que nul claime de ascun Priuiledge [Page 69] ou libertie in ascun Forest que ne point auer loal comencement al primes sans Charter ou graunt del Roy doit ester allowe sans monster del charter ante temps de memorie, et allowance puis temps de memorie.

Certaine principall notes, taken out of the recordes of the plees of the Forest of Pickering and Lancaster as followeth.

FIrst it appeareth by the assises and plées of the forest,If the Fore­sters, verderors or other mini­sters of the Fo­rest that haue the custodie of any of the rolles of the Forest, & they do nor bring in the same rolles at the Iustice seat of the Forest before the same Iu­stice, then their lands shalbe seised vntil that such officers shal bring in the rolles of the forest, as they ought to do. that if any Forester, Verderor, or any other minister of the forest, that hath the custodie of any roles of the forest, at such time as the Iustice of the forest, or his debutie shall at a Iustice seate hold the plées of the forest, that if any such forester, verderor, or other mi­nister, hauing the custodie of any such roles of the forest, their heire, executores or assignes, or the Tenantes of their landes, in what shire so euer the landes be, do not bring in the roles, pre­sentmentes and inditements of the forest: That then there shall goe foorth a precept to the shirife of the countie where such landes do lye, commaunding him: Quod expulsis vxore et liberis sesire faciat omnes terras, et tenementa que fuerunt, ipsius in Balliua sua: Ita quod de valore earundem per annum respondeat prefat' Iustic' &c. nisi tenentes terrae et tenemeut', ipsius primis venerint ad rotulos suos et alia memoranda predicti dictum Iter tangen­tia reddendos. And if it happen that such roles of the forest. or me­moranda be lost, then by the assises of the forest, the saide officers or theire heires executores and tenementes, may require the Ius­tice of the forest, that they may make their fine with the king for the same, and then the forme of the same entrie is this: Et admit­tuntur per finem dimi marce &c. And if it should happen, that such roles or inditments of the forest be burnt or destroyed by the Scotts, or other enimies of the Realme:The lawes & assises of the Forest doth not admit any excuse. yet is not this any ex­cuse by the assises of the forest, althoughe the same were indede a verie good excuse by the common lawes of this realme: quia Iu­dicia forestae et assisarum eiusdem seorsum ab alijs regni Iudicijs secernuntur et solius regis arbitrio vel cuiusdā familiaris ad hoc [Page 70] specialiter deputati subijciuntur: and therfore in this case the said officer shall make his fine for the same, or else his land shalbe seysed: and the like lawe is of the agistors, if they do faile of their rolles and accountes.

And as concerning the forme of Indictments taken in the Swanimotes,An Indictmēt in the Swani­mote is not trauersable. I haue written sufficieintly hereafter in the title of Swanimotes. And as touching that matter it is to be noted, that whosoeuer is indicted in the Swanimote, according to the due course of Lawe in that behalfe prouided, he standeth by the same indictment conuicted, and shall not per assisas forestae trauers any such indictment:The forme of an indictment in the Swani­mote. Note the wordes of a presentment in the Swanimot are, Pre­sentatum est per forestarios et duodecem iuratores, et cōuictum per viridarios. And the wordes of a presentmēt in the court of attachmentes are, Presentum est per foresta­rium, tantum. Assisa Foresta de Lancaster. fo. 11. Vide the statuit called Ordinatio Forestae anno 34. E. pri­mi. In what maner offendors shalbe indicted in the Swanimote. for the entrees of the recordes there are thus: presentatū est per forestarios et duodecem iura warde predict' et conuictum per viridarios quod A. B tale die et Anno intrauit forestam de P. cum arcubus et sagit is et ibm̄ versauit vnam Damam ad mortem et carnes cepit et inde fecit volun­tatem suam. Et testatum est per vicecom̄ quod pr [...]dicta A B. non est inuentus, nec aliquid habet in Balliua sua per quod atta­chiari potest, nec prius se reddidit nec scitur quo deuenitur, ideo exigatur de comitatum com̄ quos (que) &c. vtlagetur si non com­paruerit et si comparuerit tunc vicecomes eum capiat et saluo &c. ad satisfaciendū domino regi de trāsgressione predicta vnde per forestarios viridarios et alios ministros cōuictus est: by which forme of presentmentes you may perceiue that the offences in Swanimotes are presented there by the foresters, & the twelue sworne men, & the offendors therof are cōuicted by the verderors: so that an indictmēt against an offēdor in the forest, for any offence there being taken & found against him in the swanimote, the same is a cōuiction in law against him that is such an offēdor: so that he shall not by the lawes of the forest trauerse any such indictment.

But it is to be noted, that all inditements or presentments, which shalbe made by the foresters & the Iurie, or twelue sworne men, against any offendor for any offence done in the forest, in Vert or Venison before the Lord Iustice in Eyre of the forest, at [Page 71] his seate or sessions of the forest, are trauersable per assisas forestae as it was adiudged by the whole bench at the Iustice seate holden at Waltham holy Crosse, in the countie of Essex,Anno. Eliza­bethe 24. before the good Earle of Bedford, then Lord Iustice in Eyre, of all her Maiesties forestes on this side Trent, in Iuly Anno Regni Elizabethe the xxiiii. where cercaine indictments were presented there by the foresters, and the Iury against Iohn West, William Fiswike, & others, and they were all trauersed, because they were not pre­sented at a Swanimote.

Furthermore it is to be vnderstand,A trespasser in the forest shal­be outlawed for his offence, as maister Hes­ket in his rea­ding of the Forest, doth af­firme. fo. 19. that there is also a maner of proceeding against offendors in forests, by way of outlawrie: as if any man be indicted for an offence in the forest, & the offendor do dwell in an other countie out of the forest, so that he cannot be atta­ched for ye same offēce by the foresters: then the same offendor may be outlawed for his trespasse, and the proceeding therein against such an offendor is in the verie same manner, as it is at the com­mon lawe: for as at the common lawe, he that is outlawed for any maner of trespasse, the order is, that he must at fiue seueral coun­ties be exacted or proclaimed, and then after that he is quin (que) ex­actus, or fiue times proclaimed,Maister Fleet­wood in his collection of the forest lawes fo. 8. Maister Hes­ket, in his rea­ding. fo. 16. then the coroner for his contempt in not appearing, doth giue iudgement that he that is quin (que) ex­actus in that manner, shalbe out of the Quéenes Maiesties peace, and so taken as an outlawe, and then such a person is fully out­lawed. Euē so is it per assisā forestae: for he that is to be outlawed for any offence in the forest, must after the verie same manner be proclaimed as it is vsed at the common law, and then when such an offendor is quin (que) exactus, he is fully outlawry,An outlawed person, shall forfect his goodes & cat­telles, and the profites of his landes. & by that out­lawry the Queenes Maiesty shal haue the forfecture of his goodes & cattailes, & also the profits of his landes that is so outlawed, by inquisition of the sherif & the coroners, & also al they that are indic­ted in the Swanimote by these wordes: Quod sunt comunes ma­lefactores de venatione domini regis in foresta &c. shalbe pursued according to the foresaid president.

And furthermore it is to be vnderstand, that if the Verderors at the Iustice seat doe make default, then they shalbe amerced for the same default, and distrained by theire landes, to bring in their [Page 72] rolles,Assisa foresta de Pickring fo. 8. note that by the statute of Carta de Foresta, arti­culo 16 & ar­ticulo 10. it doth appeare that euery of­fender in the forest, after that he is ac­quite of the offence, yet he must be boūd to the good behauiour of the forest euer af­terwards. Itinere Lan­cast. fo. 6. indictmentes, and other munimentes that doe concerne the forest: and he that is indicted either for Vert or venison, and hath put himselfe for the same into the kinges mercie, and hath paide his fine and rawnsome for it, then the same offendor per Assisas forestae, shall put in mainprise by foure sewerties, that he shalbe euer after of good abearing in the kinges forest.

And it is to be noted that althoughe by the forest lawes, and al­so by the statuit of Anno 34. Edwardi 1. it doth appeare puod (que) ministri qui ponendi sunt ponantur sicut hactenus fieri consue­vit (exceptis viridarijs) qui per electionem et per breue nostrum deputabuntur: yet notwithstanding, if it so do chaunce during the Iustice seate of the forest, either the verderor is so sicke that he cannot attend at the Iustice seate at that time, or that he is dead: Then there may be a new verderor chosen without any writ in that case, in the presence of the Iustice of the forest, by the mini­sters of the same forest, & by others of the fréeholders there, and this kind of election is good in lawe, as it doth appeare in the assise of the Forest of Lancaster. fo. 6.

Touching purprestures made in the Forest.

In Assisa Lan­castri. fo. 6. Hedges of iiii. foote high, are contrarie to the assise of the Forest. Itinere Lan­castri. fo. 6THe assises of the forest are, that no man may inclose any ground within the forest, ad nocumentum ferarum: and al­though a man haue licence to enclose his ground, yet may he not enclose the same, cum alta haia, et forsata, nec cum alto palatio contra assisam forestae.

It is purpresture for a man to build any house in the forest, al­though it be within his owne free land. The iudgement of pur­presture is thus: Ideo ipse in misericordia et clausus predictus prosternatur. A high hedge of 4. foote high is contrari assisam forestae. If he that do make purpresture, do graunt ouer his lands where the purpresture is made,No man may enter the Fo­rest in the night. both he and the grauntee shalbe a­merced. If any man haue a horse pasturing in the forest, by licence or without licence: if in the night time he enter into the forest and take out his horse, he shalbe imprisoned, raunsomed and bound to [Page 73] good abearing which proueth, that by the assises of the forest: no man may in the night time enter into the kings forest, and if he do he shalbe punished. The like punishment and order shalbe ta­ken for him that with Bowes and Arrowes doth enter into the kings forest, with intent to offend there, although he do no acte,Itinere Picke­ring. fo. 3. b. voluntas repu­tabitur profacto. He that doth cut downe li­gna virida, is a trespasser in Vert. yet he is to be punished for the same, Quia per assisam forestaevolun­tatem reputabitur pro facto.

To cut downe within the Forest ligna virida or Ramos viri­des is finable per assisam Forestae. He that cutteth downe vn­derwoods, Thornes, Elder trees, boughes, lignum siccum, fic­cos ramos, et huiusmodi, is a trespassor in Vert.

If Estouers be allowed to any man for making of his hedge, and after one yeare he burneth vp the same hedge,Itinete Picke­ring. fo. 3. where other­wise they would haue continued two yeares: in this case per As­sisas forestae he shall not be allowed any new Estouers. And if he take more Estouers at any one time then he ought to do, the Estouers shalbe seised, and he shall make his fine therefore.

If any man cut downe busshes or thornes within the Forest, and carrie the same away in his cart out of the Forest: In this case the Cart and horses shalbe seised to the King, and hee shall fine to the value of the wood, &c. If he that hath Estouers in the Forest do make thereof Hurdels and do sell them, he is punisha­ble. If any cut downe greene hugh within the Forest, and doth conuey the same vpon horse, he shall forfeit the price of the Vert and his horse.

Item, If the people of a whole township do make wast in the greene Hugh of the Forest, the whole township shalbe fined, vz, de villata de C. xx. s.

If any man do set any drye Okes on fier within the Forest, he is punishable per Assisas Forestae.

If any Swine be found in the Forest tempore vetito, Itinere Lanc. fo 7. they shalbe forfeited to the King. The same law is of Sheepe, and Goates found in the forest in Mensae vetito & Warda facta.

If any man do suffer any Bridges or High waies to be vnre­payred, then whosoeuer ought to repaire the same, he shall make [Page 78] fiue, and shalbe distrained to amend the same per assisam forestae or els their land shalbe seised.

The Forester must be sworn Itinere Lanc. fo. 7.Item, that no Forresters may make any attachements vpon any person within the Forest before that they be sworne as they ought to be, Quia est contra assisam forestae.

If any subiect haue any wood within the Forest, if his Wood­ward make default at the Iustice seat, his wood shalbe seised into the kinges hand, and so it shall remaine vntill he haue repleuyed the same, and made his fine.

Ibidem.Item, if any Forester take any money for Barke, his landes shalbe seised for the money.

Ibidem.Item, if any white Tawyer do dwell in the Forest, he shalbe remoued, and make fine: for they are the common dressers of the Skinnes of stolen Deere.

Item, if any take Hawkes, or destroye Eyries of Hawkes in the Kings woods, they shall make a fine for the same.

Hew & Crye. Assisa forestae articulo. 11. Itinere Lanc. fo. 7.Item, according to the Articles of Hew & Crye, the orders of the Assise of the Forest are: that if Hew and Crye be made by the ministers of the Forest, if it be not pursued and followed with effect: then shal the township that are faultie therein be wel fined.

Item, that at euery Iustice seat of the Forest, the number of Deere,Itinere Lanc. fo. 8. and the number of Trees that haue beene giuen awaye by good warrant or otherwise: and such Deere as haue dyed, or haue beene killed or otherwise, and the windfalles must be pre­sented.Nouae Assisae Forestae per Basset & Hungerford. 11. E. 3. Item Picke­ring, fo. 2 b. Custos Fore­stae is mentio­ned in the sta­tute of Anno 1. E. 3. cap. Likewise the profit of pawnage, Russhes, Fearne, Gorse, Segges, and such like must be presented there also.

It appeareth in the new Assises, precepts and ordinances of the Forest, made and set foorth in Anno 11. Ed. 3. by Basset and Hungerford, that a man maybe a Forester in fee, in iure vxoris suae, and may appeare by Atturney at the Iustice seat ad facienda omnia quae forestario incumbunt durante Itinere Praedicto.

I finde that besides all the officers and ministers of the Forest the was also one man that was Custos totius Forestae, and ano­ther Superuisor forestariorum, quod nota.

By the Forest Lawe Roger Bigot Earle of Norff. did forfeit his Fostership in fee in the Forest of Pickering. Whereby it is [Page 79] to be noted, That an officer in fee may forfeit his office.Itinere Picke­ring. fo. 20. Itinere Picke­ring. fo. 3. Offenders in the Forest, bound to the good abearing Ibidem, fo. 3 Radulphus Hastings, & Hugo Ha­stings. Itinere Picke­ring. fo. 5. Itinere Picke­ring. fo. 3 In trespas in the Forest ther are no accessa­ries, but they are all princi­pals. Ibidem. fo. 3 The horse of a stranger shall not be forfei­ted. Itinere Picke­kering, fo. 5. Lending of a Bowe & Ar­rowes to kill the Decre is finable.

Item, Nicholas Meuill and diuers offenders were indicted for that they with Bowes and Arrowes and dogges had killed xliii. Staggs and Hindes within the Forest, and in despite had cut off their heades, and set them vp vpon stakes: And for this heynous offence they were first committed to prison and gréeuously fined: and after according to the Charter of the Forest, they were bound to theire good abearing. And he who is indicted for Forrest cau­ses, if he be after pardoned by the King, his pardon is allowed: but he shall put in suerties to be of good abearing to the Forest.

Item, he that receiueth venison of such as haue trespassed in the Forest, shalbe as well punished as the principall. And hee that stealeth Venison in the Forest, and doth carry the same away vpon his horse backe, the horse shalbe forfeited per Assisam Fo­restae. But if they take the horse of a stranger which is ignorant of the fact, the horse shall not be forfeited, Quia ignorantia facti excusat, ignorantia Legis non excusat.

This hath beene taken for a verie good forme of Indictment, Quod A. B. est communis malefactor' Venationis vbique in foresta, & malefactoribus venationis consentiens. It is a good Indictement, Quod I.S. consuetus est ponere Acutas Catheas in berkis haiarum ad feras capiendas: And vpon this Indicte­ment was the offender outlawed.

Item, an Abbot that lent a bowe & arrowes to another man to thentent to kill the Kings Deere, was fined and raunsomed. A.B. venit in parco de S. ad malefaciendum de venatione. And this was taken to be a good Indictmēt. A keeper was indicted for receiuing a bribe to the intent to conceal an offender. If a man find a trespasser in the Forest, killing or breaking vp any Déere & findeth him with the maner & doth receiue a reward to kéepe his counsel, he shalbe imprisoned, fined and raunsomed.Pickering, f. 5. Casu Bulmer. Pickerrng, 13. A Hare is Ve­nison. Assisa de fore­sta. art. 8.

Two men were indicted for striking an Hare in her forme, & for taking of another within the Forest: the one of them was cōmit­ted to prison & made fine & raunsome for the same offence, & was bound to the good abearing of the forest. And the other was out­lawed: wherby it is to be noted that Hares are Beasts of ye forest.

Assisa de sore­sta. art. 8.By the Assise of the Forest, Si Leporarij inuenti fuerint cur­rentes ad aliquod nocumentum ferarum Forestarius debet reti­nere eos & presentare in presentia viridariorum, & mittere eos domini Regi vel capitali Iusticiario forestae.

Itinere Picke­ring fo. 6. & 41 in le case de Iohannes Bar­lar & Iohan­nes Augustye.Item, if a Forester do take an offender with the manner, he may carrie him to prison.

The Abbot of Whitby did kill a Harte within the Ryuer of Deruent which was the metes of the Forrest of Pickering: The Abbot and his companie were Indicted for the same, Quia sepe­runt vnum Ceruum in aqua de Deruent quae est Marchia Fore­stae, The like presi­dentis, fo. 6. W. Moyfon. Ibidem fo. 6. b. affearors. & venationem illam se cum asportauit: And for this he made his fyne and raunsome, and was bound to good a bearing.

It is to be noted that all the Freeholders within the Forest as well Spirituall as Temporall, must in any wise appeare before the Iustice seat, primo die Itineris. And of euery towne the Reue and iiii. men also with him, which is called prepositus & quatuor homines, &c. And if they make default, they shalbe a­merced, and their amercement shalbe affeared by affearers there.

Item Picke­ring, fo. 6. b.It is directly against the Assise of the Forest, that any Ba­ker or Brewer should bake or brewe in the Forest.

Item, that the principall Foster at the Iustice seat shall make an account of all the Deere that hath beene killed by warrant within the Forest.Killing of deere by war­rant. And in the same place shall iudgement be gi­uen which be good warrants, and which are not. And for those that are not,Assisa Lanc. fo. 3. Pickering, fo. 18.7. the Forester shalbe punished.

Item, per Assisas Forestae, it appeareth that Tythe was paide of Venison. Likewise for trees, the chiefe Forester must make an account of them, by what warrant they were cut downe. And for those which he cannot shewe good warrant, he shalbe amerced.

Assisa de Pic­kering, fo. 7. b.Item, if the Foster do giue a noble man a course, & his dogges do kill: this must be presented at the Iustice seat.

Assarts. Assisa foresta de Pickaring, fo. 7,And as touching Assarts per Assisam Forestae: He that is pre­sented to haue Assarted or enclosed any lande within the Forest out of the Kings demeasnes in his owne fee, or in the fee of any o­ther man, he shall make fine for this offence. And if he will after [Page 77] compound with the Iustice, he may continue the same, paying to the King a yearely rent which must be entred of Recorde at the time of the arrenting thereof.

And as concerning Agistors of the Kings woods: euery Agi­ster within the Forest must bring before the Iustice seat a iust ac­compt what money he hath receiued for pawnage. And the forme of the entrie thereof is thus, Rogerus M. respondebat de iiii. s. de pannagio porcorum de Estwood, &c.

Item,Assisa forestae Pickering fo. 8. if any man take off the Skinne of any wilde Beast that dyeth of the Moreyne within the Forest, if the same be presented he shall be punished for the same: and if he come in, he shall paye the price of the Skinne, and be amerced for the offence.

Item, it is finable to permitt a strangers beastes to pasture in the Forest, and the forme of the entree of the Recorde is thus:

Item presentant quod A.B. agistat omnia aueria sua in mora de F. infra forestā ad dampnum domini Regis et ad nocumentū ferarum, Et nesciunt quo warranto, Agistments Assisa de Pic­kering, fo. 10. Alicia Gower. Ideo preceptum est vice­com̄ quod venire faciat eum. Et postea testatum est per mini­stros forestae quod ipse nihil habet infra forestam. Ideo pro agi­stamento praedicto in misericordia & remaneat agistamentum in manu domini Regis.

If any owner of any woods in the Forest do appoint a Wood­ward in his woods where there was neuer any before,Ibidem. it is finable per As [...]isas forestae.

Item,Ibidem. he that without warrant of the King pulleth down his auncient house in the Forest, and setteth it vp in another place without the Forest, this is finable.

Item,Ibidem. if the Foresters do disturbe the cattell of any person or township to haue common within the Forest, whereby they haue wrong, or do take any money of them by extortion: this is fina­ble by the Iustice Seat.

And because such like matter may chaunce hereafter at a Iu­stice Seate, I haue here put downe a presidene to be followed: vz, Item present' Quod Prior Hospitalis Sancti Iohannis agi­stat aueria extraneorum apud F. infra limites Forestae quod est Agistments. [Page 74] ad nocumentum ferarum & ad damnum domini Regis. Et nes­ciunt quo warranto. A claime the first day. Ideo preceptum est vicecom̄ quod venire faciat cum, postea venit praedictus prior & dicit quod ipse vir­tute cartarum progenitorum Regis nunc factar' predecessoribus suis debent agistare in loco praedicto. Et petit quod possit ad­mitti ad finem faciend'cum domino Rege pro clameo suo faci­endo licet primo die Itineris non fecit. Et admittitur ad finem xiij. s. iiij. d. per plegios. A. & B.

Item, if a man do make Charecoales of Brouse wood within the Forest,Pickering, f. 10 In casu Melsa. it is finable. And if he will make tytle so to do by pre­scription, and do not make his claime thereunto the first daye of the Iustice seat, he shall then answere for the value of the Coales to the king.

Item, it belongeth to the Iustice seat to inquire who ought to repaire bridges decayed within the Forest, and to punish the of­fendors.

Item, a Parson of a Church was indicted, for that his doggs were not expeditated or lawed. The Priour of Bridlington Par­son of Skalby pleaded,Ibidem. The Parson of Skalbies case, fo. 11. Magna Char­ta, cap. 1. that by the great Charter of England, he was not bound to expeditate his doggs: For there was one Ar­ticle therein, Quod Ecclesia Anglicana sit libera, & habeat om­nes libertates suas integras & illesas, &c. And by this plee he was discharged of the Indictment, Eborum, fo. 37.

Item, there may no man fish in any Ryuer that is aboundarie of a Forest, vnlesse he haue warrant.

Item, they are to be indicted that ouerchargeth the Common within the Forest.Ibidem, fo. 11 The Prior of Bridlington. fo. 12.

Item, there may no subiect without warrant haue a Vaccarie within the Forest.

Item, a ryding Foster was presented and fyned for that hee was negligent in his office, and did oppresse dyuers people in taking of Otes and such like.

Item, if any man do interupt the Verderor or Regarder of the Forest, he shall make fyne.

Item, it is also fynable to digg Turffes within the Forest.

And likewise, to take Fesants, Partridgess,Foules of Warren. or other Byrdes within the Forest.

Item, if any man do offende in cutting downe of Vert, and after dyeth before presentment made thereof: yet in this case the King shalbe aunswered for the Trespas by his heires or land te­nants, per Assisam Forestae.

Placita Forestae de Pickering coram Iusticiar' itinerantibus Anno viij. domini Regis Edwardi. iij.

BErnardus de Berghe viridar' venit et reddidit rotulos suos tam de viride quam de venatione tangent' istam Forestam &c. Guillielmus Ward viridar' non venit ad Rotulos suos redd­ideo preceptum est vicecom̄ seisire omnes terras & tenementa eius &c. Postea venit predictus Guilliellimus et petit admitti ad finem faciendum cum domino Rege pro defalta primi diei: et admittitur ad finem dij Marcij, et quoad Rotulos suos di­cit quod furati fuerunt ab eo per quosdam malefactores, et petit quod possit admitti ad sinem faciend'cum domino Rege in hac parte et admittitur pro fine 100. s.

Presentatum est per Forestarios et conuictum per viridarios quod Nich' Meuil & alij &c. venerunt in forestam istam &c. cum arcubus sagittis et leporar' et ibi ceperunt iij. Ceruos &c.

Item quod Guillielmus Fishborne est communis malefactor venationis domini vbi (que) in Foresta ista et malefactoribus consentiens. &c.

Compartum est per viridarium Rotulos istius Forestae quod Edmundus Hastings postquam transgressus est de venatione in Foresta ista dimissus fuit coram eis per manucaptor' &c. qui ma­nu ceperunt hadendi eum hic &c. primo die itineris qui modo eum non habent &c. ideo &c.

Iohannes Kilmington nuper Custos istius forestae dicit quod praedictae ferae acciderunt in Morina quorum corpora putrida fuerunt suspense super quercos, et de hoc vocat recordum Ro­tulorum Viridariorum &c.

Ministri Forestae dicunt quod consuetum est ante haec tem­pora praesentare quolibet tertio anno de canibus non expedi­tatis.

Item, presentant quod Iohannes de Aslaby cepit infra domi­nicum quatuor quercus precij iiii.d. Et dimissus fuit per viri­dat' manucaptor' vsque ad istam Assisam, Qui modo non venit &c. Ideo ad iudicium de manucaptoribus. Et praedictus Iohan­nes respondeat domino Rege de pretio praedicto. Et pro Foris­factur' eiusdem iiii.s. &c.

Et quod Humfridus Tober cepit xi quercos virides infra dominicum pretij cuiuslibet j.d. et carriauit illos cum vno plau­stro & vi. Bobis quae appretionetur, viz, plaustrum ad vj.d. Et Boues ad xvj.s. pretij cuiuslibet ij.s. viij d. vnde tenent' terrae & tenementorum Richardi de S. viridar' istius Forestae ad cuius manus pertin' praedictum deuenit respondeant. Et similiter pro Forisfactura eiusdem. xj.s.

Item presentant quod Prior de Maldon cepit ix. plaustra spineti in A. infra dominicum pretij ix.d. Et per viridar' dimis­sus fuit per manucaptor' vsquam ad assisam istam &c. Qui mo­do venit &c. et super hoc conuictus oneratur erga dominū Re­gē de pretio praedicto. Et pro forisfactur' eiusdem ix.s.

Item, quod Rogerus Scalby cepit vnum viridē quercum &c. pretij i.d. vnde tenent' viridar' respond'de pretio predicto. Et pro forisfactur' vi.d. ad quorum manus pretium & forisfactur' predict' de venerunt.

Item present' quod x. Stirkes qui fuerunt Iohannis Rouseby inuenti fuerunt in haia de D. per wardam factam & non agi­stati, Qui capti fuerunt tanquam forisfacti per assisam forestae et appretiantur ad xx.s. Et retraditi per viridarios eidem Io­hanui per plegios &c. ad dictos Stirkes habendos ad istam assi­sam, Quimodo non venit. Ideo ipse in misericordia. Et nihil [Page] omninus idem Iohannes oneretur de pretio praedicto.

Ministri Forestae dicunt &c. Quod a tempore quo non extat memoriam hominum, &c. presentatum fuit per Forestarios ad attachiamenta istius forestae de canibus praedictis Abbatis de Riuall &c in maner' suis praedictis non expeditatis, fo. 16.

Ministri Forestae dicūt. &c. quod cum contigerit quod wood­wardus praedict' Prioris Sancti Iohannis Ierusalem non venet ad attachiament' Forestae prout alij Woodwardi diuersorum dominorum in foresta veniant, Tunc ipse Woodwardus semper consuetus est ibidem Amerciati. Et amerciamentum inde ad opus domini Regis leuare sicut & de alijs Woodwardis qui non veniunt & fuerunt amerciati.

Ministri Forestae dicunt &c. Quod Tho. Wake & omnes a tempore quo non extat memoria hominum habuerunt &c. li­beratione Boscū in communibus boscis suis pro se &c. ad quod­libet attachiamentum & hoc ad sufficientiam bosci.

Item dicunt quod escapia, vz, Emende de forincecis auerijs infra metas Forestae inuent per forestarios escapium inde pre­sentatum est & fuit a tempore quo non &c. Ad attachiamenta Forestae praedictae & ibidem dominus Forestae habuit emendas.

In clameo Burgens. de Scargeburgh coram domino Wihelmo Vefeye Iusticiar' Forestae.

ET quia viridarij praedicti nihil responderunt de transgress. venationis factis in Foresta praedicta hocanno. Ideo commit­tuntur prisonae. Et educti venerunt & fecerunt finem per iij.li. &c.

Abbas de Whitbie clamat habere viridarios suos proprios de libertate sua de Whitby eligend'de cetero in pleno Commita­tu Eborum pro vt moris est ad responsiones et presentationes faciend'de transgress. quas a modo fieri contingent de viride & venatione infra metas forestae de Whitby coram Iusticiarijs domini Regis Itinerant. ad placita Forestae in partibus illis et non alibi, Sicut viridarij Forestae domini Regis huiusmodi Re­sponsiones [Page 82] et presentationes facere debent et consueuerunt.

In Itinere Lancastriae.

FOrestarij venerunt et dicunt pro se ipsis et omnibus alijs fo­restar istius Forestae, Quod ipsi forestarij nunquam fuerunt onerati de aliquibus Rotulis, seu Indictament. tangentibus fo­restam. Et quod omnes Rotuli et Indictament. remanent penes viridar. &c. Et hoc parati sunt verificare per ministros &c. Qui quidem ministri ad hoc Iurat hoc idem testantur, &c. Ideo, &c.

Presentatum est quod Iohannes Lancastriae cepit tres quercos in Foresta ista. Qui venit et dicit quod eos habuit ex liberatio­ne foresta. pro estouerijs suis &c. Et quia hoc testatum est per Rotulos viridar. esse verum. Ideo dictus Iohannes inde eat, &c.

Et quia inspectis Rotulis viridar' istius forestae nihil comper­tum est de praetio corticum xl. Quercum praedictor. Ideo ipsi liberantur prisone. Et educti finē fecerunt cum domino in hac parte per dimi marc.

Nomina Ministrorum forestae de Lancastra.

Wilhelmus Blount, Custos totius Forestae et Seneschallus, Roberto de Ratcliue magister forestarius eiusdem forestae, Wil­helmus de Holland Supervisor forestariorum totius forestae, Io­hannes Balridge Forestarius de feodo in warda de Lousdale.

Robertus Fowcher nunc Custos istius forestae venit, &c. Et illo amoto Wilhelmus de Clapham Iuratus est et efficitur Cu­stos eiusdem forestae.

Certaine iudgementes and principall notes, taken out of the Recordes of the Forest, diges­ted into Tytles

THe Priour of Lancaster had by Charter, euery day two cart lode of morte Boys to be burnt in his Priory:Lancaster, f. 3. & 64. Abuser. And because he tooke viridem Boscum pro mortuo Bosco, contrary to his char­ter the benefit & profit of his estouers was seysid into the handes of the Lordes of the Forest: For the which, the Priour made his [Page 83] fine: pro estouerijs rehabēdis ad iij.li.vj.s.viij.d. et rehabuit esto­ueria sua Itiner' Lancastr' Anno 10. Ed. 3. fo. 65. a. Abuser. Assisa Lan­caster, fo. 3. & 66 Assisa Lanca­ster, fo. 4. And here you may note that for abuser there growth good cause of seiser. See the like, in the case of the Burgeses of Lanc. ibidē fo. 66. Note if a man haue Estouers by graunte, as appurtinaunt out of a Fo­rest, vnto a certain messuage: In this case if the same Estouers be spent in any other house, this is a good cause of seiser of the same Estouers, for this is an abuser, the which is a cause of forfeiture. Itiner' Lanc. Anno 10. E. 3. fo. 67. b. The same lawe is of a Comon of pasture.

No man may agist within his owne landes within the regard of the forest, except he haue special licence so to do.Agistments. Pickering, f. 16 In clameo Ab­batis de Riuall. Itiner' Pick. 10. E. 3. fo. 166. quere de hoc, for the wordes of the Statuit of Carra de forest are these: vnusquis (que) liber homo agistit boscum suum in Foresta pro voluntate &c.

If the Iustice of the forest do any thing sticke at the allowing of any mans liberties claimed before thē,Allowances. then may the party grée­ued haue a write of allowance, or a write to procede to allowance. Itiner' Pic. fo. 182. a. Where the Iustice of a Forest, doth stay ouer long in allowing of a libertie that is claimed:Itinere Picke­ring, fo. 16 Abbas de Ri­uall, & fo. 23 Abbas de Whitbe. Ibidem. fo. 16. Abbot de Ri­uall. then may the partie gréeued, purchase the kinges write of allowance directed to the Iustice of the forest, commaunding him to allow the same. The tenor of which write, doth appeare: Anno 10. E. 3. Itiner' Lan. fo. 9. fo. 65. In the claime of the Abbot of Furneaux. If at one Iustice seate, certaine liberties be allowed: at another time the same allowance may be pleaded quod nota: And the recorde of the allowance shalbe sent downe by writ vnto the Iustices.

It was admitted and adiudged in the claime of one Lambeson that to be quited of Pannage, intempore pannagij, Appurte­nance. might be appurtenaunt vnto a mannes frée hold. An office of a woodwarde & the barke of timber Trées felled, was claimed to be pertaining vnto a manor, & adiudged accordingly. To be quite & discharged of Pawnage: and Pawnage of Swine within a forest may be by precription appurtenaunt vnto landes. And to claime that he and his auncestors a tempore quo &c. is a good title without [Page 84] saying that he and his auncestors, and all they whose estate he hath in certaine landes &c. a tempore &c.

Asserts. Pickering. f. 15No man may assert or excolor, but by the kinges warrant: in casu prioris sanc [...]i [...]ohannis Ierusalem in assisa Foresta de Pick. fo. 18. b.

Note that the Priour of S. Iohns, did make his claime by one of his confriers, whome he made his attorney, being a dead person in lawe. quod nota. Atturney.

The Lord of a Forest, may enter by his officers into any mans Wood,Brusewood. Assisa de Pic­kering. f. 19 the which is growing within the regarde of the forest, and cut downe bruse Wood, for the Déere in Winter.

Note that it appeareth by the claime of the Abbot of Meriuall, that within the regarde of any Forest,Buildings. Lancaster, fo. 5 no man may build either houses or barcaries: quod nota. It appeareth that within the Forest, no man may builde any newe houses or barcaries, or vse tillage in any newe groundes, without especiall licence. It ap­peareth by a claime made by the Abbot and Couent of Meriuall, that none may make any new buildings within the Forest, except he haue good warrant from the Lords of the Forest: for the Abbot made claime by graunt that he might make omnimodum como­dum suum sine assertand'sine edificand'modis omnibus &c. And if he might do it without warrant, it had ben in vaine to haue had licence,Assisa Lane. fo, 9. Cablicia. Comon of pasture. Lanc. fo. 13. Sheep, Swine, nor Goates are allowed to haue comon in the Forest. Default. Itinere Lanc. fo. 5. and also to haue made his claim for the same. And that the assises of the Forest are so, it appeareth by a presentment made in a case of the Priour of Lancaster

Cablicia is properlie Bruse Wood: Itiner' Lanc. 10 E. 3. fo. 172. a. Itiner' Picke.

A claime made for [...]on of pasture is good. It is to be noted that neither Shéepe nor Swine are allowed to haue Comon within the Forest: quia bidentes et porci non sunt animalia ad comunicandum in Foresta, sed prebent exilium ferarum in ea­dem in clameo Burgens. Lan. fo. 30. the same lawe is of Goats In clameo Burgens. de Preston. fo. 5.

Nota, that if any do make a claim & do after make default, their libertie shalbe seised into the Lords handes: for default is a cause [Page 85] of seisure: in the case de domino de Gersingham, and others. A woman tenant for terme of life of a Parke, within the Forest of Lancaster made her claime for that being called Knoghsley Parke, and also for a frée warren, and after made default: where vpō one Latham being tenant in reuercion was receiued, & made claime both for the Park & also for the free warren:Ibidem. and because he did not shewe forth any good matter to warrant his title: there­fore was it adiudged, quod clausus predict' prosternatur et re­maneat Foresta vt prius, et quod warrennia predicta capiatur in manus domini &c. Demurrer. Pickering, f. 21

If it chaunce a demurrer in lawe do fall out betwéene the king and his subiects, vpon a claime before the Iustice of the Forest: they may adiourne the same into the kings Bench, there to be de­termined. Nota, the president is excelent.

If a Iustice seate be discontinuid,Discontinu­ance & Re­somons. Pickering, f. 15 by the not comming of the Iustice: In this case, the king by his writ, may reuiue the same againe. It is to be noted, that in case the plées of the forests be dis­continued, by the not comming of the Iustices: that in that case the plées may be reuiued againe by the kings writ of resommons whereby all thinges shalbe and remaine in Pristino statu. See the president therof Itiner' Pic. fo. 15.

Patet that secundum assisas Forestae expeditatio canum, Expeditatio canum. Pickering f. 16 Exposition by vsage. Pickering, f. 17 Lancaster, f, 9. must and may be euery third yeare.

William the Earle of Warren, Boheme & Marton, graunted by his deed, vnto the Abbot of Furneaux, that he & his successors, might take within his Forest of Lancaster maremiū &c. que ad vsus suos sunt necessaria, et nominatim ad piscariam suam de Lanc. faciend'quicquid eis ad hoc opus fuerit. And in his claime the Abbot claimed sufficient timber both for his Manner of B. & also for his Piscarie, and for all other thinges necessarie &c. And that, by that word Maremiū, he had vsed & enioyed the same euer since the making of the saide graunte without the view of the Fo­resters. And the vsage being thus founde by the iurie, his title of claime was allowed. Here it is to be noted, that many times darke and obscure wordes are expounded by vsage: as appeareth [Page 86] in this president quod nota: for this worde Maremium is expoun­ded by the meane of vsage,Maremium. for timber to build with all. And this worde Maremium, is also in this place expounded for Mesua­gium.

To be acquite of escapes within a Forest, doth signifie that where after the assises of the forest,Escapium. Pickering, f. 15 Ibidem, 17. Ibidem, 19. If any mans Beastes be found within the landes forbidden, or in the fence time within the forest: then the lawe is, that the owner of the same beastes shalbe amer­cied for euery foote i.d. And if the second time the beastes be found againe, then to be amerced in like manner. And if the third time they be taken offending, vt supra: then shall the same beastes bee forfited vnto the Lord of the foreste: of all which amercementes, he that is quietus de escapio, is cléerely discharded. ibidem.

Footegeld. Pickering, fol. 17 Ibidem. Chiminage.To be quit of foote geld, is to kéepe doggs within the forest vn­luwed, without any mercementes, fine or forfecture ibidem.

To be quite of chiminage, is a discharge of chiminag siluer paid for passage through the Forest, with cariage of any thing vpon Horse backe. ibidem.

Ibidem.Note that the Lord of a Forest, hath this prerogatiue ouer all men that dwell in his forest: that at such time as he is disposed to chase within his forest: euery man must be readie to hold a Grey-hound, for the taking of wilde beastes in such places as they shall be appoynted:Tristis. or else the defaulters to be amerced. And he that hath the benefit or discharge of this worde Tristis, is not bounde by the assises of the forest to giue any such attendance. ibibem.

By reason of Charter, the Priour of Lancaster had the tenth of all the Venison:Faux claim. Lancaster, f. 3 fol. 64. Pickering. f. 15 viz. In carne tantum sed non in corio. And be­cause he made a false claime, and saide that he ought to haue the tenth of all the Venison within the forest of Lancaster, as well in carne as in corio: therefore the Priour was in misericordia de decima venationis sue in corio non percipiendo &c. The fence Moneth. Fense mo­neth. Pickering, f. 20 Thus ye set that for the offence of a false claime, the punishment is to make fine, and not to sease the same.

The fence Moneth is alwaies xv. daies before Midsomer, & xv. daies after Midsomer. Quod nota, euerie common Moneth is [Page 87] but xxviii daies, but the fence Moneth is xxxi.Fine. Pickering. f 10 15. Iohannes de Melsa. In Clameo Abbatis de Myriuall, f. 69

Nota that such as ought to make claime &c. by the assises of the Forest: they ought to put in theire claime the first day of the Iustice seate: or else, at any day after, their claime shall not be re­ceiued without fine. And when the claime is once put in, if the claime be in any point faulty, if they will amend their claime they must make fine. quod nota. ibidem.

No man may common with Goates within the forest,Goats. Pickering. f. 67 without especiall warrant. Nota that Capriolus non est bestia venationis Forestae, quod nota.

Nota that all the inhabitants within the Forest of Lancaster being fréeholders,A graunt made to a comminaltie. Lancaster, f, 4. Pickering. f. 22 did make claime to be acquited of all manner of Vert, and of Regard, and of diuers other thinges: and this claime was allowed of in Eire, by reason that Iohn Therle of Marton, being Lord of the Forest of Lancaster, did by his Charter graunt the same by these wordes: Sciatis me concessisse omnibus viliti­bus et omnibus thengis, et omnibusliberis tenētibus qui manent in Foresta mea de honere de Lanc. qd'possunt &c. Pickering. f. 10 19. Hawkes Gilbert de Acton, f. 148 By this presi­dent ye sée that a graunt was made vnto a cominaltie and good &c. There ye sée that a subiect is and may be Lord, & owner of a forest.

Belsa claimed within his Woodes, to haue the airie of Faw­cones, Marlens and Sparohaukes. And not withstanding the let­ter of the great Charter of the forest:Heath, Whenes, & Turnes. Pickering. f, 19 Non vser. Pickering. f. 15 17. 18 fol 166 it was enquired by the Mi­nisters of the Forestes, whether he had vsed to haue the same.

It appeareth that no man may cut downe Heth and Whenes, or digg turnes within the Forest, without good warrant.

If a libertie to make a Parke be graunted by the king, & is not after vsed: this non vser shalbe inquired of. It may be gathered as­well within the claime of the Abbot of Riuall, as in diuers other claimes, that after that a libertie is graunted, if the grauntée do not vse the same continually: that the non vser shal be inquired of: the which non vser is a good cause of seiser.

It appeareth that none may gather Nuttes within the Forest without warrant,Nuttes. Pickering, f. 19 Parke.

Nota that a licence to emparke and enclose a Parke, must con­taine [Page] a certaine quantitie of grounde: and it must be the [...] soile of the grauntee, or else vpon inquisition had in dew forme of lawe, [...]paus Dacres the Parke is to be seised &c.

That a Subiect being Lord and owner of a Forest, may giue licence vnto another to make & enclose a Parke within the meetes of the same Forest [...]o haue and to helde the same Parke enclosed with all such Venisons as the grauntee shall put therein to him & to his heires for euer.Assisa de Pic­kering. fo. 64 And this was adiudged and admitted for a good licence in a claim made in Eyre. It is to be noted that if such a Park be so slenderly fenced & inclosed, that the wild beasts of ye fo­rest do enter into the Park: then may the Lord of the Forest enter into the said Parke at his pleasure: & there hunt at his pleasure.

It is to be noted, that if any man haue a Mannor, wherevnto doth belong a certaine Wood,Extra regardū Forestae, Hares, Foxes, &c. Pickering, fol. 11 the which Wood is within the com­passe of the Forest or inuironed with the Forest, the which wood is notwithstanding without the Regarde of the Forest: In this case by the assises of the Forest, he must make his claime by these wordes: viz. Gilbertus de Acton clamat tenere boscum suum de Trouersdale pertinent. ad manerium suum de B. extra regar­dum forestae viz. illum boscum qui est exparte borial'&c.

And so on with all the limitts of the same &c.

Item the same man made claime to hunt the Hare, the Fox, the wilde Cat,Lancaster, f 5. Abbas de Mi­riuall. the Martron in B.

Item, the same man claimed to haue libertie to plucke vp the Heathe in B. by the rootes, and to dig turues in the More of A. and the same to sell at his pleasure, & to carry them out of the Forest.

Pickering f, 14Item to Agiste, and to take the agistment to his owne vse &c. All which claimes, being founde to be trewe by the Ministers of the Forest were allowed, by iudgement by these wordes: Eat ha­beat et gaudeat saluo iure &c.

Pickering, f. 16 Reuiner post mortem. Abbas de Ri­uall. fo. 166An Abbot made his claime: & hanging his claime dieth. A new Abbot being made, declared this plée: and being tried to be trewe by the Fosters, Verderors, and Regardors: the newe Abbot was permitted, but in a newe claime.

Nota in the claime of the Abbot of Riual: it is apparant, that [Page 89] within the Regarde of the forest, no man may turne any land into tillage, without good warrant.

Henry the second,Tillage. Pickering, f. 16 fo. 18. graunted vnto the Abbot of York the tenth of all his Venison in Yorke shire by his Charter. By this it ap­peareth, that for wild beastes there was no tithe due: for then might not the king haue graunted other persons tithes.Tithe veni­son. Pickering, f. 19 No tything venison by the Lawe, but in some places by vsage. Lancaster, fo. 3 Tryall, by Verderors, Regardors, & Agistors. Pickering, f. 15

The Priour of Lancaster, did claime the tithe of Venison, and the tithe of Pawnage, viz. decimam bestiam in carne et corio per manus minister' de foresta: And the tenth peny of the Pawnage, when the Pawnage of the Forest was collected. And he made his title by vertue of a graunte made by the Lorde of the Forest vnto one of his predecessors, and his claime was allowed for good.

In case one doe claime by prescription, by tenure, or by graunte, to be Foster of fée, and praieth that it may be enquired of by the ministers of the Forest: In this case the Verderors, Regardors and Agistors shall trie the title. But if a man do claime by inheri­tance or otherwise any profit apprendre within the Forest, as a common of Estouers, or of pasture, or such like. In this case the triall shalbe by the Fosters, Verderors, and Regardors: But not by the Agistors, provt patet &c. In case the matter of the claime do require a triall by the Country:Pickering in omnibus in­quisitionibus. there the cōclusion of the pleder shalbe, Et hoc paratus est verificare prout Cur' &c. I deo inquira­tur inde veritas per ministros eiusdem forestae. And in this case the Verderors, Regardors, and Agistors shall only trie the title. But yet notwithstanding, you shal sée very many presidents: that when the entrie hath ben, et hoc petit quod inquiratur per ministros eiusdem forestae &c. that this hath imediatly ensued,Lancaster, fo. 3 Lancaster, f. 2. Lancaster, f. 4. In clameo Io­hannes Acres. viz. et quia videtur cur' hic quod expeditus est et necesse ad inqui rendū tam per ministros forestae predictae quam per alios probos et legales homines &c. And thus you may see it is in the elec­tion of the Iustices, whether the ministers with others may bee impanelled qd'nota, to enquire if there be any president, that the Countrie hath tried any title of claime without the Ministers of the Forest &c.

Woodwardes may not walke with Bowe and Shaftes:Woodwards. Pickering, f. [...] but with Forest billes, quod nota.

The Courtes of the Forest.

FIrst, it is to be vnderstood, that there be thrée principall and chiefe Courtes vsually kept for matters of the Forest, that is to saie: the Court of Attachementes: the Courte of Swanimote: and the highe Courte of the Lord Iustice in Eyre of the Forest, commonly called the Iustice seate. And these thrée seuerall Courtes are of thrée seueral natures as at large hereafter it shal appeare: wherefore to the entent that the saide Courtes may the better be known euerie one in his own proper nature, I haue here set them downe, & placed each one of them in his owne place and degrée as they are, together with their seuerall authorities and procedings, as you may sée hereafter. And because the said court of Attachmentes is the meanest and lowest Court of them all; For that, that in the said Court of Attachments the officers there do nothing but receiue the Attachments of the Foresters, and in­roll them in the rolles of the verderors, to haue them in a readines against the time of the kéeping of the Court of Swanimote. And for that the saide Courte of Attachmentes cannot determine any offence or trespasses of the Forest,The Court of Attachmentes first. If the value of the same tres­passe be aboue the value of iiii. pence: but that the same offence & trespasse, if the vaue be more then foure pence must be by the saide Verderors inrolled in their roll, & so to be sent from thence to the Swanimote to haue an orderly tryall of the same there ac­cording to the Lawes of the Forest: Therefore I haue placed the same Court first of all, because that the greatest part of all the presentmēts do first begin there: & also because that when offences and trespasses of the Forest are presented by the Foresters in the saide Courte of Attachmentes before the verderors of the Forest, and that they haue entred them in the rolles and recordes of the Forest, then the same Court cannot there procede any further therein, neither is that proceding by them as yet any conuiction against the offender in those offences: but that he that is such a trespasser may yet trauerse the same presentment that is against [Page 91] him, vntill that the same haue passed the Swanimote Court of the Forest: so that such trespasses as are presented at the Court of Attachmentes, must of necessitie procede from thence to the Court of Swanimote before that the offendors and trespassers may be punished or stand conuicted as guilty in law of theire of­fences.The Court of Swanimote next vnto it. Therefore I haue placed the Court of Swanimote next vnto the saide Courte of Attachmentes, as a Court that is higher then the Court of Attachmentes, and yet more lower or inferior then the high Court of the seate of the Lord Iustice in Eyre of the Forest. For when the presentmentes of the Courts of At­tachmentes, as afore saide, and also all other presentmentes of the Swanimote Courte, haue had theire procedings in the same Courte, according to the assises & ordinances of the forest; & that all the trespasses of the forest are there presentat' per Forestarios et duodecem Iuratores et conuict' per viridarios, as they must be of necessitie by the law: yet cannot the same Court of Swani­mote then determine the same trespasses or assesse any fine for any such offence, or giue iudgement thereof (any other, then that the saide offendors are conuicted thereof, as is aforesaid.) But the same presentmentes, Indictmentes, and conuictions, must be deliuered to the Lord chiefe Iustice in Eyre of the Forest at the Iustice seate the first day of the same seate, when they are called for, according to the ordinance of the Forest made in Anno Tri­cessimo quarto Edwardi primi orticulo 1. And according to the assises & customes of the Forest, made in Anno 6.Ordinatio Fo­resta articulo. 1 Assisa & con­suetudines Fo­restae, artic. 19. Charta de Fo­resta, artic. 16. Edwardi pri­mi articulo 19. And according to the forme of Carta de Foresta articulo 16. In these words, Et ea presentet viridarijs prouinci­arum, et cum irrotulata fuerint, et sub siggillis viridarior' inclu­sa presententur capitalibus Iusticiar' nostris de Foresta cum in partes illas venerint ad tenend'placita de Foresta, et coram eis terminentur: so that it doth appertaine only vnto the Lord chiefe Iustice in Eyre of the Forest at the high Courte of Iustice seate or generall Sessions of the Forest to giue iudgement of all of­fences, and to assesse the fines, and to punishe the offendors. And because that all the procedings of the two other Courtes are as [Page 92] nothing before that they doe come to the Iustice seat of the Fo­rest to receiue their Iudgement.The seat of the Lord Iu­stice in oyer of the Forest, is the highest Court. The Courts of Attachements and Swani­mote, are but hands to the same. Therefore I haue placed that Court last of all, as the principall head, and the most highest Court of the Forest: vnto the which Court, the Courtes of At­tachmentes and Swanimotes, are but as it were two hands to deliuer matters vnto it, to receiue Iudgment thereof from thence.

The Court of Attachements of the Forest.

IT séemeth that in times past, before the making of the great Charter of the Forest, the Courtes of Swanimotes were hol­den and kept more oftener then they be nowe, And also oftener then thrée times in the yeare, at the will and pleasure of the chiefe officers of the Forest,Carta de Fo­resta, cap. 8. and not at any certaine time knowen. And therfore the Statuit of Carta de foresta caput 8. in these words, Nullum Swanimotum de cetero teneatur in regno nostro, nisi ter in Anno, doth prohibit that no Swanimote Court shall be holden or kept after that time any oftener then thrice in the yeare: And that Statuit doth there set downe farther, what officers shalbe compelled of necessitie to be there at euerie one of the saide Swanimotes: and also at what daies and times of the yeare the same shalbe kept,In what place the Swanimot shalbe kept. and in what place, viz. predicta autem Swani­mota non teneantur nisi in com' in quibus teneri consueuerunt: And then last of al, after yt the same statuit hath so prohibited, that the said Court of Swanimot shal not after that time be kept any oftener then thrée times in the yeare, as is a fore saide: and hath there set down the daies when they shalbe kept: It doth also there set downe the time of the yeare when the Court of Attachments shalbe kept, and the officers that shalbe there, and what euerie officer shall doe there in the execution of his office, as it doth appeare by the same Statute, the wordes being as followeth: Preterea singulis quadraginta diebus per totum Annum conueniant Forestarij, Carta de Fo­resta, cap. 8. et viridarij. In these wordes afore saide it is plainely set downe there, when the Court of Attachmentes shalbe holden, and howe often: that is to saye, euery fourty daies, [Page 93] throughout the whole yeare the same Court of Attachmentes shalbe kept, and there must not be any longer distance or time then fortie daies, from the kéeping of one Court of attachmentes, vnto the kéeping of another Courte of Attachmentes: For if there be, then the same Court is not kept nor holden, according to the same Statuit euerie fortie daies throughout the whole yeare.Why the court of At­tachements is called the xl. daye court. And be­cause the same Court is kept euerie fortie daies, it is called, the fortie day court: nether is the same court to be kept in any shorter time then euery fortie daies: for if it be, the same is not then kepte according to the direction & authoritie giuen by the same Statuit for the kéeping of the same. The wordes of the same Statuit are further as followeth: Ad videndum attachiamenta de Foresta tam de viridi quam de venatione; In which words, there are two principall thinges to be noted, that is to saie, the first is the office and dutye of the Verderors, and what they ought to do at this Courte of Attachmentes: which is, ad videndum Attachiamen­ta de Foresta: that is to saie, to sée the Attachmentes of the Fo­rest: soe that the office of the Verderors at this Court of Attachmentes is here as it were euen pointed out with the finger what they are there to doe: which is, to sit there to sée the Attach­mentes of the Forest, and to receiue the same attachmentes of the Foresters and Woodwardes that doe present them there, and then to enter those Attachmentes in the rolles of the Verde­rors. And it séemeth that because this Court is most chiefely a Court for the Foresters, to bring in their Attachmentes of the Forest, and for the Verderors to receiue the same Attachmentes,Why this Court is cal­led the court of attache­ments. therefore the same Court is called the Courte of Attachment, re­ceiuing his name of the effect of the thing which is (as is said be­fore) ad videndum attachiamenta, to sée the attachements of the Forest. Then the second thing that is here in this worde afore­said to be noted is, of what matters they are to sée attachements of, and to receiue attachements of, which lest that happely they should herein excéede their authoritie, the said Statute doth plain­ly set downe, of what matters those attachements ought to be which they shal so see & receiue at the said Court of attachements [Page 94] in the wordes aforesaid: viz. de viridi et de venatione, which is of Vert and of Venison. So that all attachmentes that this Court hath here by this Statuit any authoritie to deale with all, the same must concerne the hurte or iniurie that is done,Of what thin­ges the Court of Attache­ments hath authoritie to deale in. or that is to be done to the Vert or Venison of the Forest, or else this Court is not to medle with the same, for their authoritie is but tam de viridi quam de venatione: So that you may sée by this Statuit that euerie fortie daies through out the whole yeare it is appoyn­ted that the Foresters & Verderors shall assemble themselues to­gether, to sée the attachmentes of the Forest, as well of Vert as of Venison: wherein is shewed how often this Court shalbe kept and holden: The office of a Verderor at the same Court: and for what things the attachmentes there ought to be made. Nowe the wordes of the Statuit there are further as followeth: per pre­sentationem ipsorum Forestariorum, et coram ipsis attachiatis: In these wordes here is set downe the office of the Foresters or kéepers, and wherfore they ought to come to this Court of attach­mentes, which is to present offendors, & offences, or trespasses there, & to bring in the attachments there that they haue made of offendors, which they haue attached for doing of such trespasses in the Forest. For it appeareth by this Statute, that the office of the Verderors is to view the attachements there, and to receiue them, per presentationem ipsorum forestariorum. And the office of the foresters or kéepers at this Court is to present the attach­mentes of the Forest before the Verderors, so that the difference betwéene the office of a Verderor, and the office of a Forester at this Court of attachmentes is this: that a Verderors office is, ad videndum attachiamenta de Foresta: and a Foresters office is ad presentandum attachiamenta de Foresta: and these wordes, et coram ipsis attachiatis, must be vnderstood in this manner, as if the wordes had bene: Et coram ipsis viridarijs attachiatis pre­sentatis: that is to saie, presented before the Verderors as thinges attached, or persons that are attached for some trespasses done in the Forest in Verte or Venison. And it doth séeme that before the making of this graunt of the liberties of the Forest, the Court [Page 95] of Swanimote, and also the said Court of attachmentes then called the Woodmote Court, were holden verie often, and yet not at any certaine time neither, but at the will and pleasure of the chiefe officers of the Forest, which was a great trouble and vexa­tion to the inhabitantes in Forestes. For the avoiding of which mischiefs, this branch of this Statuit or graunt was made. First to set down how often in euery yere the Swanimote shalbe kept. Secondly at what daies & times in the yere the same shalbe kept. And thirdly that the courte of attachmentes shalbe kept euerie fortie daies throughout the whole yeare. And because that offen­ces & trespasses in Forests did daily increase and grow to be more & more: and for that the saide Court of Swanimote is by this sta­tute restrained to be kept any oftener then thrice in the yere: there­fore this statute hath specially prouided that the Court of attach­mentes shalbe holden and kept euerie fortie daies throughout the whole yeare: and that is a verie precise limitted authoritie, ap­poyntid by this Charter for the kéeping and holding of the same Court of attachmentes:He that hath an aucthoritie to do a thing, must follow his aucthoritie in doing of the same. so that the same may not be kept or hol­den in any other manner then by this lymitted authoritie is ap­poynted. And it is held for good law at this daie, that if the court of attachments for the Forests be holden or kept in any other order then euerie xl. daies, that is to saie, in longer or shorter time then euery xl. daies, that then the kéeping of the same Court is void and without authoritie so to do: for that the same is not kept ac­cording to the limmited time appoynted by this Statuit. And yet I doe not think that all the procedings in the same Court so hol­den are therefore voide in Lawe by that not holding of the Court according to the time apoynted: for if such a Court of attachments be holden sooner than euery fourtie dayes, which is contrarie to the limitted time appointed by the Statute, and at that Court so holden, there be diuers presentments and attachements presented against offenders in the Forest, & afterwards those presentments do proceede to the Swanimote: and at the Swanimote Court the same trespassor or offendor doth there take exceptions to the same presentment presented against him, for that the same was [Page 96] presented at a Court of attachements that was not holden as the same ought to be by the limitted aucthoritie giuen by the said sta­tute: yet that Exception shall not auoide the same attachment or presentment, for as much as the Court of attachmentes did not procede in the same Iudicially, but only to receiue the same pre­sentment or attachment, to Enroll the same in their roll, and to deliuer it to the next Court of Swanimote: and such a receiuing of a presentment, or attachment at such a Court so holden, cannot by any reason make the same voide, for as much as the same pre­sentment or attachment had bene still good in Law if the same had not at all bene presented vntill the next Court of Swanimote and then presented there, and not before. But if a Court of attach­mentes be holden contrarie to this Statuit: and a forester hauing attached an offendor in the Forest, to appeare at such a Court of attachment before the Verderors, by an Oxe, or a Horse, and the man so attached doth not there appeare at that Court,Vide Maister Hesket, in his reading of the Forest. fo. 13. wherfore the same court of attachmētes doth giue iudgmēt that his beast is forfeted by his default, in not a pearing: & yt the same beast shal be sold & the price therof to be leuied to the vse of the king, This proceding now in this case is void in law: for in this case the saide Court of attachmentes doth procede herein Iudicially: but it is otherwise in the case before. Note the difference. And yet for all this, it is to be noted, that some times this court of attachmentes may be kept a daie or two more then fortie daies after the Court of attachmentes that was kept last before it, & yet the same Court is not kept any otherwise then according to the meaning of the same Statuit: but that is but in certaine cases of necessitie, which cannot otherwise be avoided: as if the iust fortieth daie next en­suing the former Court daie, do fall to be vpon a Sundaie, or vp­on Christmas daie: then the same Court day that so doth fall vp­on a Sunday or vpon Christmas daie, may be deferred a daie lon­ger, but that is because of the necessitie that cannot be avoyded in that case: for it is to be thought, that it was not the meaning of this Charter of the Forest at the first, that this Court of attach­mentes should be kept vpon any such daie as Sundaie or Christ­mas [Page 97] daye which are prouided for the seruice of God only: for such dayes are not accounted any dayes in Lawe to hold any Courtes in: and so necessitie here hath no Law in this case. And this Court of attachements doth differ from all other Courtes, in that the same is to be kept euery fourtie daies throughout the whole yere by the Verderors &c. and therefore this Court is called of some men, the Verderors Courtes,The Verderors Courte. because that the Verderors do kepe the same Courte: and yet at this Court of attachements, all the Foresters of the Forest ought to appeare there also, by this Charter.Master Hesket fo. 44. And as Maister Hesket affirmeth in his learned reading of the Lawes of the Forest, fo. 44. all other officers and ministers of the Forest ought to appeare at this Court of attachmentes, al­though that the letter of this Satute doth not specifie so far by speciall wordes: for the Statute doth speake but of Foresters and not of any other officers. And at this Courte euerie Forester must by his othe present all offenders in Vert and Venison with­in their seueral walkes and charge: and also al Attachements that they haue made. Woodwardes, must likewise present at this court all offences done within their charge: but they cannot make any Attachment, nor Attach any offendor within their charge,Cōsuetudines Forestae Arti­culo 12. for the wordes of assisa et consuetudines forestae articulo, 12. are these: si Woodwardus viderit malefact' in custodia sua, vel bestiam mor­tuam, debet monstrare capitali Forestario vel viridario: So that you may perceiue by this Statute, that a Woodward may mon­strare, but not attachiare, that is to say, he may present offenders, but not attache offenders. The vsuall forme of a presentment in the fourtidaye Courte or Court of Attachment, according to the course of Law is in this manner, viz. ad istam curiam attachia­menti dominae Riginae Forestae suae de Waltham in com̄ Essex tenent' apud Chigwell in eodem com̄ nono die Iulij Anno regni domine nostre Elizabethe dei gratia Angliae, The title of the Courte of Attache­mentes. Franciae et Hibernae Regina fidei defensor &c. vicesimo primo.

Iohanes Matthowes forestarius iuratus de warda de Woodford infra Forestam istam presentat quod Iohannes West de Chink­ford in Com' Essex yeoman nono die Iulij Anno Regni dominae [Page 98] nostrae Elizabethae dei gratia Angliae, Franciae et Hiberniae Regi­nae fidei defensor' &c. vicesimo primo intrauit Forestam istam cum arcubus et sagitt' et ibidem in quodam loco vocat' Wood­ford Meade infra forestam predictam versauit vnam damam ad mortem et carnes cepit et fecit inde voluntatem suam: The forme of a presentment in the fourti­daie Court. and it is to be noted, that euery presentment that shalbe made against any such offendor, for any offence done in the Forest, in Vert or Veni­son, must be certaine concerning the same offence, & that in these fiue things hereafter following.

1 The person of the offēderFirst, the same must be certaine concerning the person of the offender, as to shew the name and surname of the offendor, and the place where he doth dwell.

2 Concerning the place where the of­fence was done.The second is, that the same must be certaine concerning the place where the offence was done, as to shew in the presentment that the offence was done in such a place, which is within the Fo­rest: so that thereby it may appeare whether the same offence were done within the Forest or not:5 Concerning the thing in the which the offence was done. for therby it may be decerned whether the same offence be any offence or no offence.

Thirdly, the same presentment must be certaine concerning the thing it selfe, in which the offence was committed or done, as to saie, that the offendor killed a Buck or a Dooe, or as the cause in trueth was.

4 Concerning the Instru­mentes.Fourthly, the same must be certaine concerning the instru­mentes, with the which the offence was done: and that ought to be shewed certainly: for the instrumentes with the which the of­fence was done are forefected to the king: as if an offendor do en­ter into the Forest with a Crosebowe or a long bowe, and there doe kill a Déere, the Crosebow is forfected to the king, and so is the long Bowe likewise.

The fiift is, that the same presentment must be certaine concer­ning the maner of the doing of the same offence,5 concerning the manner of the acte. for the maner and forme of the doing of the same offence may make the punishment thereof greater or lesser, as the case doth require: It may make the same offence to be a voluntary offence in the offender or a negligent offence in the offender: as if a man riding through the [Page 99] Forest hauing a Greyhound fast in a slip by his side & the Grey­hound passing this thorow the Forest doth espye the Déere,Voluntary of­fence, negligent offence. and with the force and strengh of the Greyhound, he doth slip the col­ler, and so against the will of the owner the same Greyhound doth kill a wilde beast of the Forest: this is but a necgligent offence in the owner of the Greyhound, in which case the maner of the same offe [...]e must be crtainly shewed.

And as concerning Attachementes of the Forest: it is to be noted that there be three maner of Attachementes of the Forest, that is to saie.

To attache

  • 1 By goods & cattels.
  • 2 By body, Pledges, & Mainprise.
  • 3 By the body only without pledges or Mainprise

THe first maner of Attachement is,The first man­ner of attache­ment. to Attache a man by his goodes and Cattels: and that is to Attache a man in the same maner as the Sherife doth make an Attachment at the com­on Lawe by the goodes of any person in an Accion of debt or tres­passe in the County Courte, to cause the party attached to appeare there and to aunswer the saide Accion. Euen so it is if an offender within the Forest haue committed any offence in any manner of nether Verte, and afterwardes when the Forester hath know­ledg thereof, then the Forester may attache his Cowe or his horse or any other beast or goodes that he hath within the Forest, and then after such Attachement made, to declare vnto the owner of the same goodes or Cattels, the cause why he is so Attached, and to will him to appeare at the next Courte of attachementes, and to find Pledges there to answer the same offence, and then such a Forester in the meane time, to kéepe such goodes or Cattel or Cat­tells so attached in his owne Custodie, vntill the next Court of at­tachementes to be holden for the same Forest: and then the same Forester, at the said next Court to bring in the same attachement before the Verderors, and there to present aswell the offence for [Page 100] the which he was so attached, as also the attachement it selfe, to thend that the Verderors may vew the same: and then if the same offender do not make his apparance at the saide next Court, ac­cording as he was attached to be, to answer his saide offence, but there doth make default, then by his default for not appearing, his goodes that were so attached are forfected to the Quéenes Maies­tie: & then by the order of the same Courte, the same attachement shalbe sold & the valew thereof shal be aunswered to the Quéene: and the same offender shall be attached againe by other goodes, and the like shal be still done against him vntill such an offender do appeare at the said Courte of attachementes, and there do put in suerties or pledges to aunswer the saide offence at the next Iustice seate of the Forest. But if such an offender do appeare at the said Court of attachementes, and doe there finde pledges to aunswer the offence aforesaide at the next Iustice seate of the Fo­rest: then he is to haue his goodes that were attached deliuered vnto him againe. But it semeth by the auncient Presidentes of Forest Lawes, that in euery presentment of offences done in the Forest in Vert that is presented before the Verderors,In a present­ment of Vert the valewe of the Vert must be set downe. the valew of the Vert must be set down in the same presentment and deliue­red to the Verderors vpon the othe of the Forester, and if by the presentment of the Forester vpon his othe, it doth appeare that the value of the same Vert is vnder the summe of foure pence, so that the same offence doth séeme to be so small an offence that it is not worthie to be heard before the Lorde Iustice in Eyer of the Forest: then the Verderors may determin the same offence before them in the saide Court of attachementes and assesse the fine, and also cause the same to be leuied to the vse of the Quéenes Ma­iestie, and al this to be entred in their roll accordingly. And the like manner of attachementes by goods and Cattels may be made and vsed for all manner of small offences in the Forest, and for any manner of trespasse in Vert or Venison, where the offender is not taken with the manner doing of the same trespasse, (sauing only in certaine cases which shalbe shewed hereafter:) for that by that meanes the forester may compell the offender in the end to [Page 101] come before the Verderors to appeare at the said Court of At­tachements, and there to finde Sureties or Pledges to aunswere the same trespasse or offence according to the Lawe in that behalfe at the next Iustice seat of the Forest before the Lorde Iustice in Eyer of the Forest. And thus much concerning the first attache­ment by goods and cattals.

The second manner of attachement, is,The second manner of Attache­ment. to attache a man by his body, by pledges, and by mainprise: and this manner of attache­ment may be made and vsed in euery case where the Forester doth finde any offender in the Forest trespassing in Vert, and doth take him with the manner doing of the same (so that the same be not in the Kings demeasne woods, making of Asserts or Purpresture there:) then the Forester may attach him by his body, and then cause him to finde two Pledges to aunswere the same offence at the next Court of attachements. And then vpon his appearance at the saide next Court of attachements there to be mainprised vntill the comming of the Lorde Iustice in Eyre of the Forest.Consuetudi­nes et Assisa Forestae Arti­culo. 1.

And this manner of attachement is warranted by Consuetudines & assisa Forestae, Articulo. 1. in these wordes, Si quis Foresta­rius inuenerit aliquem attachiabilem pro viridi in Foresta no­stra primo debet ipsum attachiare per duos plegios, &c. And if the same offender be taken with the manner offending in the Fo­rest the srcond time, then the Forester shall attache him by the body, and cause him to finde foure pledges to appeare at the next Court of Attachements, and then there to be mainprised vntill the generall Sessions of the Lord Iustice in Eyer of the Forest to answere the saide offence: For in the saide Statute of Assisa & Consuetudines Forestae, the wordes are these, Si idem inue­niatur alias debet ipsum attachiare per quatuor Plegios. And if afterwardes the same offender be found offending againe in the Forest the thirde time, then the Forester shall attach him by the body, and cause him to be brought before the Verderors,Assisa et Con­suetudines Articulo 1. & there to be mainprised by eight Pledges, according to the same statute of Assisa & Consuetudines Forestae, articulo. 1.

And it is to be noted, that in all cases where the offender is to [Page 103] be attached by the body and Pledges, there of necessitie the offen­der must be taken with the manner:Assisa et con­suetudines Fo­resta, altered by the Statute of [...]. E. 3. cap. 8. for otherwise, the Forester, nor any other officer in the Forest may not attach any such offen­der by the bodie and Pledges (except he do take the same offender with the manner:) For this Statute of Assisa & Consuetudi­nes Forestae aforesaide, was made in Anno. 6. Edwardi primi, And now long since the making of that Estatute of Anno. 6. Ed­wardi primi, this Lawe and Statute is altered in some parte, by a Statute that was made in Anno. 1. Ed. 3. Cap. 8. For the same Statute of Anno. 1.1. E. 3. cap. 8. Edwardi tertij, cap. 8. doth directly set downe there the verie manner and fourme how euery offender in the Forest, either in Vert or Venison shalbe Endicted for the same offence, & also before whome the same shalbe done, & there addeth to the same Statute further, that if any man be indicted for any of­fence done in the Forest either in Vert or Venison in any other manner then in the same order and maner that the same Statute there doth set downe and declare, that then the same Indict­ment and proceding shalbe void and of none effect.1. E. cap. 8. 7. R. 2. cap. 4, no man shalbe taken nor Im­prisoned for Vert nor Veni­son, vnlesse he be taken with the manner. And it is by the same Statute likewise enacted also, that from thence foorth no man shalbe taken nor imprisoned for Vert nor Venison, vnles he be taken with the maner, or else, indected after the forme before specified in the same statute, so that now by this Satute of 1. E. 3 cap. 8. & also by ye Statute of 7. R. 2. cap. 4. if the forester or other minister of the forest, do not find the offēder doing of the trespasse, or do take such an offender in the forest with the maner, then the same Forester or other minister of the forest is forbidden by these two latter Statuts to take the body of any offēdor, or to imprison him, to finde Sewerties, in this case, because the same person was not taken with the manner. But yet, if any person haue done an offence in the Forest, & the same offence is not presently knowen, so that the offender is not taken with the manner doing of the same offence, and therefore by the law the Forester cannot attache his bodie for the same: yet in that case, the forester may nowe attache him by his goodes as is aforesaide, and so cause him to finde pledges to aunswer the saide offence, or else to forefect his [Page 102] goodes or cattells that shalbe attached for the same, from time to time, vntill he doth appeare and finde pledges as is aforesaide: but surely no offender in the Forest, either in Vert or Venison, may be attached by his body, or imprisoned for Vert or Venison, vnles he be taken with the manner, or else indicted in the forme before specified in the said Statute:A. 6. E. 1. for these two later Statutes were made directly in the negatiue of the Lawe that was before: & so the said Law or Statute of Assisa et Consuetudines Forestae, Assisa et con­suetudines, is altered by this Statute of 1. E. 3. cap. 8. 7. R. 2 cap. 4. made in Anno 6. E. 1. is altered in this poynt, that is to saie, that in all cases where the Forester is to attache an offender by the bo­dy, there the same must be vnderstood, that such an offender must then be taken with the manner, or else he may not be attached by the body, nor yet imprisoned to find suerties or pledges causa qua supra. Note the statute well, for the wordes are these: No man shall be taken, nor imprisoned, for Vert nor Venison &c. and by this worde, taken, is to be vnderstood, that he shal not be arested by his bodie for Vert nor Venison, vnlesse he be taken with the man­ner. But now howe this worde (with the manner) shalbe vnder­stood, I leaue you to the sence and construction of the Statute it selfe. And sée the Statute here before, and the notes in the mar­gent, concerning the same. And this much concerning the second maner of attachemente, that is to be made by the bodie, by pled­ges, and by mainprise.

THe third manner of attachement for offences of the Forest, is to attache an offender by the bodie only without any pledges or mainprise:The third manner of Attachements by the body only. and this manner of Attachement is warranted by the Statute of Assisa et Consuetudines Forestae, & afterwardes the same manner of attachment is in some parte confirmed and allowed of by the foresaide Statute of Anno 1. E. 3. cap. 8. And this manner of attachementes by the assises of the Forest, called Assisa et Consuetudines Forestae, made in Anno 6. E. 1. and by the Statute of 1. E. 3. ca. 8. which you may sée here before amongest the Statutes, is there expressed and declared to be for offenders in the Forest, that are, in six degrées, as it shall plainly appeare.

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1. degree, assisa Foresta Arti­culo 1.THe first degrée of those offenders in the forest that are to be atta­ched by the body only without any suerties or mainprise, is specified & declared in Assisa et Cōsuetudines Forestae Artic. 1. in these wordes: Postea post tertium Attachiamentū corpus debet Attachiarae et retinere vt memoriam habeatur quid sit virid': so that if an offender haue bene taken with the manner offending in Vert in the Forest,Verte. and haue bene deliuered by two pledges for that offence: and likewise for the second time offending, by foure pledges: and afterwardes for offending againe, the third time haue bene deliuered by 8. pledges, according to the saide article: then if he he taken with the manner doing of a trespasse in the forest in Vert the fourth time, his body shalbe detained in Prison according to the said assises of the forest: Scilt', postea post terti­um Attachiament' corpus debet attachiare et retinere &c. And then he that is so attached by the body & imprisoned, he shall not be deliuered out af Prison,Who may bayle an offē ­der Impriso­ned in this case. or be bayled without the kinges espe­ciall warrant for that purpose, or that he be bailed or deliuered out of Prison by the Lord chiefe Iustice in Eyre of the Forest, or by the chiefe warden of the Forest: for otherwise he that is so impri­soned, as is aforesaid, no officer of the forest, may deliuer him out, or to mainprise.

2. Degree, as­sisa Forestae Articulo 4.THe second degrée of such offenders as are to be attached by the bodie only is specified in the saide assises and customes of the forest Art' 4. in these words: Si quis inuentus fuerit in dominico domini Regis assertando vel purpresturam faciendo corpus de­bet protinus retinere, so that if any man be found or taken with the manner,Vert. making of purpresture in the demeasne woodes of the king, his bodie shalbe foorth with taken, and after that he is so attached by the bodie, he shall be detained in Prison for the same offence, and then he shall not be deliuered out of Prison or bailed without the kings especial warrant,Who may baile an offen­der in this case. or by the Lord chiefe Iustice in Eyre of the forest, or by the chiefe Warden of the forest: for in this case no other person can deliuer him by bayle or otherwise.

3. Degree.THe third degrée of such offenders, is also declared in the saide assises of the forest in the fourth article, in these wordes: Si au­tem [Page 105] extra dominicum infra rewardum debet poni per sex plegios, et si alias inueniatur debet duplicare eius plegios, Vette. si tertio corpus debet retinere: so that if a man he found in the Forest, asserting or making of Purpresture out of the kings demeasne Woodes, For the first offence be is to be deliuered by sixe pledges. And if he be found offēding so again the second time,Who shall baile an offender in this case then he shall double his pledges. But if he be found so offending againe the third time: then he shall be attached by his bodie, and shalbe detained in prison, and shall not be deliuered or bailed out of prison, but as is beforesaid, and not otherwise.

THe fourth degrée of offenders in the Forest in this case,4 Degree, Assisa Forestae Articulo 5. is ex­pressed & declared in Assisa & Consuetudines Forestae arti­culo the first, in these wordes: Si quis attachiabilis fuerit contra vadios et plegios debet distringi per cattalla sua infra metas Fo­restae inuenta, si autem defecerint, corpus eius detineatur, quos (que) fecerit quod debuerit: In this case,Vert. if any person that hath bin an offender in the Forest in Vert, and being therefore bound to the good behauiour of the Forest, and afterwards the said offen­der committing the like offenee in the forest againe, and being ta­ken with the manner, and hauing no Cattell in the Forest that may be attached by for the same offence: then his bodie is to be attached and to be detained in prison vntill that he haue done that which by the Lawe he ought to doe.Who may baile an offen­der in this case. And such an offender is called contra vad'et plegios, because he doth now offend contrary to his pledges & suerties: & such an offender shal not be deliuered out of prison by meanes or by any other person then is aforesaid.

THe fift degrée of offenders in this case, is for Veuison,5. Degree, Assisa Forestae Artic. 10. & 11 which is declared in Assisa et Consuetudines Forestae Ar­ticulo 10. in these wordes: Si quis ceperit feram sine Warranto in Foresta corpus suum arestetur, vbicun (que) inueniatur infra me­tas Forestae, et quando captus fuerit non deliberetur sine speci­ali precepto domini Regis, vel capitali Iusticiar' Forestarum suarum: and againe in the same assises in the 11.Venison. Article in these wordes: Si quis viderit aliquos malefactores infra metas Forestae aliquam feram capere vel asportare debet illos capere secun­dum [Page 106] posse suum, et si non possit debet leuare hutesium & Crie &c. Note the word is, [...]a, a wild beast. In which cases, if any offender be taken with the maner kil­ling of a Déere in the Forest, or carying of the same away with­out a good warrant so to do: then such an offender in this case is to be attached by his body, and to be imprisoned, and there to be de­tained vntill such time as he bee deliuered out of Prison by the kings especiall commaundement,Who may baile an offen­der in this case. or the commaundement of the Lord chife Iustice in Eyre of the Forest, or by the chiefe Warden of the Forest: for no other person may deliuer him or let him to mainprise.

6. Degree, Anno. 1. E. 3. cap. 8.THe 6. degrée of such affenders in the Forest, as are to be atta­ched by the bodie only without pledges or mainprise, is set downe and declared in the Statute of Anno 1. E. 3, cap. 8. and this is either in Vert or Venison, in these wordes. It is agréed and ordained, that from hencefoorth, no man shalbe taken, nor Im­prisoned for Vert nor Venison, vnlesse he be taken with the man­ner, or else indicted after the forme specified and declared in the same Statute: So that it doth apeare plainly by the very words of the same Statute,Vert & Veni­son. Vide the Sta­tute, Anno. 1. E. 3. ca. 8. that if an offender in the Forest, either in Vert or Venison, be indicted after the same forme and manner mentioned and declared in the said Statute, and before such offi­cers as is there appoynted: that then if such an offender be atta­ched by the Forester, or by the Shirif, by his bodie: (as he by the Lawe ought to be:) hauing a warrant for that purpose from the Lorde chiefe Iustice in Eyre of the Forest to attache suche an of­fender, or from the cheife Warden of the Forest, or his Lyeute­nant: then his bodie is to be retained stil in prison, and then he shal not be mainprised, nor let to bayle by any person, vnlesse it be by the speciall commaundement of the king, or by the Lorde chiefe Iustice in Eyre of the Forest, or by the chiefe Warden of the Forest. And in the very like manner it is, where an offender in the Forest is outlawed for the same offence, and his bodie is at­tached by the Shirife, by Capias vtlagatum. And this you doe sée that there be sixe degrées of offenders that are to be attached by the body only without pledges or mainprise. And note this for a [Page 107] speciall learning, that in euery case where the offender is to be at­tached by the body onely without Pledges or mainprise,Where the offender is to be attached by the bodie on­ly without Pledges or Mainprise: there the Ver­derors nor Fo­resters, may not bayle the offender. 1. E. 3. cap. 8. as in the foresaide sixe degrées, there such an offender is not to be bailed by the Verderors, nor by the Foresters, nor by any other minister or officer of the Fofest, vnlesse the same be by the Kings speciall commaundement, or by the Lorde chiefe Iustice in Eyre of the Forest, or by the chiefe Warden of the Forest: Sée the wordes of the saide Statute and note them well, for they are as followeth, vz, No man shalbe taken nor imprisoned for Vert nor Venison, vnlesse he be taken with the maner, or else indicted after the forme before specified: and then the chiefe Warden of the Forest shall let him to mainprise till the Eyre of the Forest, without any thing ta­king for his deliuerance. And if the chief Warden wil not so do, he shal haue a writ out of the Chauncery, which hath ben in old time ordained for such persons endicted to be at mainprise til the Eyre. And if such a chief Warden after that he hath receiued the writ, doe not incontently deliuer such persons endicted to mainprise without taking any thing: then the plaintife shall haue a writ out of the Chauncery to the Shirif to attache the said Warden to be before the king, at a certaine daie, to answer wherefore he hath not repleuied him that is so taken: and the Shirife, the Verderors being called to him, shall deliuer him that is so taken, by good mainprise in the presence of the Verderors, and shall deliuer the names of the mainpernors to the same Verderors to aunswere in the Eyre of the Iustices. And if the chiefe Warden be thereof attainted, the plaintife shall recouer his treble damages, and the saide Warden to be committed to prison, and raunsomed at the kings will. And from hencefoorth it shalbe written to them, as to the chief Wardens of the Forest, Because they may not be Ius­tices, nor haue any record: but here in this case, the Shirife doth let him to mainprise by the kings commaundement, that is to saie, by the kings writ: for otherwise the Shirife might not so do. And the Verderors in this case are but assistantes to the Shi­rife, for they doe not ioyne in authoritie with the Shirife, in let­ting of him to mainprise, for they haue no such commission rō au­thoritie, [Page 108] for the writ is directed to the Shirife only, and not to the Shirife and Verderors, but it is contained in the same writ, that the Shirife shall let him to mainprise in presentia viridario­rum, because that the Verderors being Iudges of record, the names of the mainpernors be deliuered vnto them. And this much concerning attachments, and the repleuing of persons that are attached.

How men that are bayla­ble shalbe bai­ed, and by whome.Now it is to be séene, how this band by Pledges shalbe taken, and by whome. And therefore first of all it is to be noted, that in all cases where any offender is to be attached by his goods and cattals, which is the first manner of attachements, or els to be attached by his bodie, by Pledges and mainprise which is the se­cond manner of attachement: The most méetest Officers to take bonde of such offenders in the cases aforesaide, in the which they are by the Law to be bayled, are the Verderors, and that for two causes. The first is, that for as much as the saide Verderors are Iudges of Record, and haue the keeping of the rolles for matters of the Forest vntil the comming of the Lord Iustice in Eyre of the Forest: therefore if the Foresters do take any offender with the maner offending in Vert in the Forest, they are to attache him by the body, and to bring him before the Verderors: and then they may take a Recognizance of the offender and his Pledges to an­swere the same offence in the Eyre of the Iustice of the Forest, be­cause they are Iudges of Recorde, and therefore they may take a Recognizance in this case, and so may not the Foresters do, for they are no Iudges of Recorde, but accusers of offenders, & pre­senters of offences done by others in the Forest before the saide Verderors. The second cause is for that, that the saide Verde­rors are men, that of necessitie must be learned and well practised in the knowledge of the Lawes of the Forest, and such offenders must be bayled and Mainprised according to the qualitie & degree of their offence, in some cases by two Pledges: and in other some cases by foure, sixe, or eight Pledges: And in some other cases, the offender is not to be bayled at all by the said Verderors or Fo­resters, as it hath beene already shewed before: nor yet by any [Page 109] other person, but onely by the Lorde chiefe Iustice in Eyre of the Forest, or by the chiefe Warden of the Forest. And then if the Foresters or other Officers of the Forest that are ignorant of the Lawes of the Forest, should take vpon them to bayle such offen­ders, no doubt but great inconueniences would ensewe thereby, aswell vnto the King as also to the offenders themselues: And therefore such offenders are most meetest to be bayled by the fore­said Verderors, to the ende that the saide Verderors may bayle them according to the verie Lawes of the Forest. And for that cause the Lawe hath prouided and appointed a Stewarde that must be learned in those Lawes to ioyne with them and to direct them in their proceeding, according to the same Law. And when such offenders are Bayled before the said Verderors, then the same Verderors are to keepe the same Recongnizance for the Kings vse, vntill the comming of the Lord Iustice in Eyre of the Forest, and also to cause the Forester to present the same offence in the same nature as it was done: and then such presentments to be entred in the Rolles of the Verderors accordingly. Where­as, if the Foresters when they haue arrested such an offender might Bayle such offenders themselues at their owne wil & plea­sures without the Verderors, there might be great parcialitie vsed therein: and many grieuous trespasses concealed from the King, and neuer any presentment made thereof before the Ver­derors at the Court of Attachements, or at the Swanimoce Court.Obligations taken to the Queenes vse shalbe of the same nature as a Statute or Recognizanc [...] And also the Verderors may take an Obligation of the offender and Pledges with him as the Lawe doth appoint in that case: Which Obligation being made vnto the Queenes Maie­sties vse, shalbe as forcible in Lawe, by reason of the Statute of Anno. 33. H. 8. cap. 39. as any Recognisance knowledged accor­ding to the Statute of the Staple.

The Court of Swanimote.

IT is to be vnderstoode, that the Court of Swanimote is a Court of the Forest which should be holden three times in the yeare, as is aforesaid, for to enquire of Vert and Venison & other trespasses that are done within the Forest.An. 1. E. 3. cap. 8. And there all the tres­passes shalbe enquired of and presented. And that is proued by the Statute made in the first yeare of King Edward the thirde, Cap. 8: Where he doth saye, Because many people be often times disinherited, hindered and vndone by the chiefe Warden of the Forest,The officers that shalbe at the Swanimot and by other ministers, contrarie to the forme of the great Charter of the Forest, and contrary to the declaration that King Edward, sonne to King Henry, in this manner and forme that followeth:All other per­sons ought to appeare at the Swanimote. That is to saie: Wee will and graunt, for vs & our heires, that of Trespasses done and made in our Forestes for Vert and Venison, that the Foresters in whose Bayliwike such trespasses shalbe done, present the same at the next Swanimote Court before the Foresters, Verderors, Regarders, Agistors, & other ministers of the same Forest: and that vpon such present­ments before them, by the othes aswell of the Knightes, as of o­therwise and lawfull men, and not suspected of the parties, and most neare where such offences or trespasses shall be done, and where the truth may be best knowen: And such presentments so inquired of, shalbe presented by the common accord and assent of the ministers aforesaid, solemnely ingrossed and sealed with their seales. And if any Indictment be made in any other manner, it shalbe holden from hencefoorth for nought, &c. So that it is prouided by the said Statute, that all the Officers and other su­fers ought at this daye to come to the Swanimote: That is to saye, the free tenants of the Forest ought to come thither for to make an inquest of inquirie before the Stewarde of the same Court. There is also a Statute made in the seuenth yeare of King Richard the second, which sayeth, that at the greeuous com­plaint [Page 111] which is now made of the ministers of the Forest: It is agreed and accorded,It appeareth by this Statute that Freehol­ders are to be at the Swani­mote. that no maner of Iurye be from hencefoorth compelled by any minister of the Forest, nor other person whatso­euer, to trauell from place to place, out of the place where the charg was giuen them against their wil, neither by malice, threat­ning, nor otherwise: by which wordes it is to be noted, there must be fréeholders at the Swanimote, to be of the inquest or Iuries, according as is aforesaid: and so all other officers in like manner.

And furthermore it is to be vnderstood, that what soeuer is es­tablished by man, it is of no continuance, vnlesse the same be put in vre with daily supply. What soeuer is ordained by wisemen for a law, the same by order is to be put in due execution: I meane this as touching the Lawes of the Forest: For as our forefathers made lawes, so they did ordain a Court comōly called a Swani­mote, intending thereby to punish such as committed any offence against the Forest Lawes, so that thereby the Lawe which was made might haue continuance.

And it is to be vnderstood,What the word [...]wani­mote doth si­gnifie. that a Swanimot is porperly a Court of freeholders within the Forest, for this word Mote in Norman­die speach, is called properly a Courte, as Halimote are the Courtes Baron, Folkomote are the Courtes holden in London, where in all the Folke and people of the Citye did complaine vp­on the Maior & the Aldermen, for mysgouernement within the Citye: & Portmote is euer in a Hauen towne,Here you may see, that from the significa­tion of the worde Swani­mote, it is a court of free­holders. for it is the Courte of the Porte or Hauen. And this worde Swaine, in the Saxons speech is a Bookeland man, which at this day is taken for a Charterar or a fréeholder: & so the Swanimote is in English, a Courte within the Forest, wherunto all the fréeholders do owe sute & ser­uice, & therefore called a Swanimote. The chiefe Iudges in this Courte are the Verderors, & the plées that are here in this Court are called placita Forestae, the plees of the forest. Also the chiefe Warden of the forest doth somtime vse to sit at this Cour [...]e,Hesket in his reading, fo. 34. or his Lieutenant, as it doth appeare by Master Hesket, in his learned Reading vpon the Statute of Carta de Foresta: and yet it should seeme that the chiefe Warden of the forest is no iudiciall officer [Page 112] appoynted to sit there: for if he were, he could not appoynt his deputy to sit there for him: for a iudicial place cannot be executed by a deputie, as it doth appeare by diuers presidents & cases at the cōmon Law: & for that cause the Lord cheif Iustice of the forestes being a most especial iudicial place, it was enacted by the Statute of 32.The chiefe Warden of the Forest, nor his Lieutenant are no Iudiciall officers. H, 8. Cap. 35. that they might make Deputies to execute their offices in writing vnder their handes, and sealed with the Seales of their Offices, and not otherwise: so that they could not make any such Deputies or Lieutenants to execute their Of­fices before the making of the same Statute: But there is no such authoritie giuen by any Act of Parliamēt to the chief War­den of the Forest, to make any Lieutenant to execute his Office: And therefore, séeing that he doeth and may make a Lieutenant vnder him, his place cannot be a iudicial place: and also it appereth by the Statute of An. 1. E. 3. caput 8. which doth begin thus:

Item, whereas diuers people bee disinherited, raunsomed, and vndone by the chiefe Wardens of the Forest on this side Trent,The Statute of An. 1. E. 3. ca. 8 and beyond &c. And afterwardes it doth followe in these wordes: It is agreed and ordained, that from hence foorth no man shall be taken or imprisoned for Vert or Venison, vnlesse he be taken with the manner, or else that he be indicted after the forme before specified: and then the chiefe Warden of the forest, shall let him to mainprise vntill the Eyre of the forest, without any thing taking for his deliuerance:A write of Homine Re­plegiando. & if the said Warden will not so do, he shall haue a writ out of the Chancery, which hath ben in old time ordained for such persons indicted to be at main­prise vntill the Eyre. And if such Warden after he hath receiued the writ, do not incontinently deliuer such persons indicted with­out taking any thing: Then the plaintife shall haue a writ out of the Chauncerie to the Shirife, to attach the saide Warden to bee before the King at a certaine day to answere wherefore he hath not repleuied him that is so taken: and the Shirife, the Verderors being called to him,The Recitall of the Statute of 1. E. 3. ca. 8. shall deliuer him that is so taken by good mainprise in the presence of the Verderors, and shall deliuer the names of the mainpernors to the same Verderors, to answer in [Page 113] the Eyre of the Iustices: and if the chiefe Warden be thereof at­tainted, the plaintife shall recouer his treble damages, & the said Warden to be committed to Prison and ransomed at the Kinges will. And from hence foorth it shalbe written to them, as to the chief Wardens of the Forest, because they may not be Iustices, nor to haue any recorde: And so note by that Statute, that the writ aforesaide, is directed to them as if it were to the Shirife to execute the same writ: and such a writ is not directed to a iudiciall officer. Also the same Statute doth saie, that the names of the mainpernors shalbe deliuered to the Verderors, as if he should saie, because they be (as Iustices:) And that from hence foorth it shall be written to the saide Wardens, as to the chiefe Wardens of the Forest, because sayeth the Statute they (meaning the same Wardens) may not be Iustices, nor haue any record. Then Ergo the chiefe Warden of the Forest, nor his Lieutenant are no iudi­ciall officers, and then I sée not by what authoritie they should sit at the Swanimote.

And note that there are two Lieutenants most commonly in euery Forest, vz, 2. Lieutenants in the Forest. the Lieutenant of the Lord Iustice in Eyre of the Forest, and the Lieutenant of the chief Warden of the Forest.Ordinatio Fo­restae. And it appeareth very plainly by the Statute of Ordinatio Fo­restae caput 1. that the Foresters, Verderors, Regardors and all other ministers of the Forest,These officers are bound to artend at the Swanimote. are bounde to attend at euery Swanimote, or else the indictmentes and presentmentes there taken are vtterly voide. It is here to be noted, what is ment by these words in the said Statute of Ordinatio Forestae cap. 1. ac alijs earundem forestar' ministris: for other ministers of the forest are Stewardes of the Swanimote, who ought to be men ve­ry well learned, and especially in the Lawes of the Forest.Assisa & con­suetudines Fo­restae, ca 20. And to proue that there ought to be a Steward at euery Swanimote, it appeareth by the assises and customes of the forest, wher it is said, quod homo attachiatus pro ramis cesis placitū illud pertinet ad Swanimotum coram Senescallo &c. There are also other officers of the Forest mentioned in the great Charter of the Forest Cap. 16. and Cap. 17. that is to saie, Constabularij, Castellani et [Page 114] Balliui et Bedelli &c. & if it do chaunce any of the said officers or ministers to be sicke, so that he or they cānot be at the Swanimote: then the Iustice of the forest or his deputie shal incontinētly place others in their places for them: et hoc est secundum ordinationem Forestae Anno 34.An. 7. R 2. c. 3 E. 1. caput 2. And it is ordained in the assises of the Forest. Anno 7. R. 2. caput 3. that the inquest shal not be com­pelled to trauel to any other place to giue their verdict, but where they receiued their charge: and note that the court of Swanimote hath power to inquire of all those matters that doe hereafter ap­peare in the charge of the Swanimote,The power of the Swanimot and to take presentmentes of all such matters, but no iudgement shalbe giuen there, nor exe­cution awarded, for that is reserued to the Iustices of the Forest only.

At this Court of the Swanimote, all the presentmentes of the Foresters for any offence in the forest, either in Vert or Venison, are there deliuered to the Iurie, which are sworne for that pur­pose to inquire the trueth of those matters: and if the Iurie do find that those presentmentes that the Foresters haue presented be trewe, then the offender against whome they were presented, doth stand conuicted thereof in Law: and then the entrée thereof, is presentatum est per Forestarios et duodecem Iuratores et con­uictum per viridarios. Ordinatio Fo­restae ca. 1. All the free­holders that dwell within the Forest do owe sute to this court. Asserts & Pur­prestures are to be enquired of Consuetudi­nes. ca. 4. Purprestures that be arented Vide ante, the case of my Lord Dyer. fo. And this much concerning the Courte of Swanimote, and hereafter doth followe the charge of the same.

The charge of the Courte of Swanimote for the Forest.

INprimis, you shall inquire if all those that owe sute to this Courte of Swanimote be there or no, and those which be not, shall you present their names.

2 Item, if there be any assertes or purprestures within the Forest newly made, more then hath ben made by the kings graunt or any of his Progenitors, in what place the same is, and by what authoritie, by whome, and what harme it is to the King, except it be arrented.

3 Item, if there be any that maketh any great closes or small [Page 115] closes, which are annexed to the borders of the Forest:This is Pur­presture. and inlar­geth his owne ground with setting out of his hedges and ditches, and so straytneth the Forest.

4 Item, if any man haue raised, digged vp, or carried away,This is a Tres­pas & Purpre­sture: For Omnes metae Forestae sunt integro domi­no Regi. any land, Stone or stake that was set or laid for any marke or bound of the Forest, ye shal doe vs to wete of their names, the daie and place when the same was done.

5 Item, if any man maketh any Mines, Clay-pittes, or tur­ueth for Iron without licence in any place within the Forest.

6 Item, if any man leuieth any Mille within the Forest, with­out the Kinges licence, you shall inquire what hurt the same is to the Forest, and who it is that doth so, and present the same.

7 Item, if any haue made any Swine-house or Shéepe-house or any other house or Cote within the landes of the Forest with­out licence, you shall present it.

8 Item, if there be moe Foresters or Walkers within the Forest, then haue bene of old time accustomed, in oppressing of the Kings people, or ouer charging of the Forest, who hath made them, and by what authoritie he hath done it.

9 Item, if there be any minister of the Forest, that maketh any oppressions or extorcions of the Kings people, by color that he is an officer of the Forest, and for taking excesse chiminage: if any such be, you shall present them.

10 Item, if any man come into the Forest in Fawning time, with Shéepe or any other Cattell where they haue common, and is not Sworne to be true to the Kings game.

11 Item, if there be any man that doth burne any Heathe or Fearne or Ling within the Foreste or townes next adioyning to the same Forest, you shall present the same.

12 Item, touching the Kings Vert, that is to saie, Woods,Verte. you shall inquire if any haue come into this Forest and haue fel­led any great Okes, and carried them away by night or by daye, being the Kings Wood, and the price of the Horse, Carte, and Trees so carried, and by what authoritie.

13 Item, of small Wood, as vnder Wood, Sparres, black­thorne, [Page 116] Watling roddes and such like, if any cut or fell them, and carry them away, you shall present his name and the price of the Wood so taken.

14 Item, if the Wardens of the Forest or their Lieutenants or any forester bruseth any waste bowes or great Okes in Win­ter time, more for his owne aduantage for the sale, than for the sustenance of the Kings Déere, ye shal do vs to were thereof, and the names, and the price of the Wood.

15 Item, if any man do take out of the hollow trées any Ho­ny, Wax, or swarmes of Bées within the forest, yée shall do vs to weete.

16 Item, if any man take any Hawkes egges, Herrons egges, Fesantes egges, or Partridge egges out of their neastes being within the forest, you do vs to weete.

17 Item, if any man haue any warrant of the Lorde Chancel­lor of England, Lorde Priuy Seale, or of the kings Iustices of the forest, to haue certaine Trées: if he haue taken more then his warrante will serue for, or if he haue taken the said trées without view of the Verderors, or of the foresters, you shall do vs to wite.

18 Item, if any warrant were graunted for any Okes, or o­ther timber to be imployed to the kings vse, or on his workes: if any man haue bestowed them to their owne peculiar vse, or other­wise conueied them, or solde them, you shal present the prise there­of, and who he is that hath don so.

19 Item, if any commission were directed to any Woodsellers for the sale of the great Woodes and vnder Woodes, or either of them: if the same Wood-seller haue made the hedges and fen­sings of the Coppies, for sauing the kings Couert.

20 Also, if any of the saide Woodsellers haue concealed any thing of the kings profite vpon their accompte, or if they haue en­closed any Moores, great plaines, or waste groundes, to the hurt of the commoners, or put any other cattell into the Coppies and spring or Wood then is allowed by the Statute, you shall present the same.

21 Item, in Pawnage time, if there be any that hath Woodes [Page 117] annexed to the Kings Forest, and maketh percourse out of his owne Wood with Swine and Pigges into the Forest, in hin­derance of the Kinges Pawnage, of all such you shall do vs to wete, both of the nomber and of the price of them, for they are for­feitable to the King.

22 Item, if any man haue any Swine comming into the Forest in Pawnage time, vnringed, wrouting, deluing, or turning vp the kings soyle, which is cause of exylation of the kings Déere, yée shall do vs to wéete of the number, and of the price of them, for they are forfeitable to the king.

23 Item, if there be any man that hath any Patent by the graunt of any king, & confirmed, or any specialtie allowed to him before any Iustice in Eyre, for a certaine number of Swine to runne in Pawnage time in the kings Forest, if he haue more then is allowed in his Patent, yée shall do vs to wéete of the number and price, for they are forfeitable to the king.

24 Item, if there be any Swyne not ringed, or Goates, that haue béene attached sithence the last Sessions within the Forest, ye shall present the number and pryce of them: for they are for­feitable by the first attachement to the King, for that they bee not beastes Commonable.

25 Item, if there be any Sheepe running in the Forest, and hath béene attached iii. tymes sithence the last Sessions, ye shall present the number and prise, for they are likewise forfeitable to the King.

26 Item,Venison. Puraley. Canutus, Canon. 31. you shall inquire if there be any that hath hunted the kings Déere within seuen miles about the Forest, at any time within xl. daies next after the kings hunting, neither xl. daies be­fore it was so hunted, for these causes: First for that the king before his Hunting, or his Commission to kill the Déere, his grace should haue a sight of the Déere where they lye at rest in their haunt: and after his hunting, because the Déere be­ing driuen out with strength of houndes,Puraley. and noise of men and hornes, may afterwardes resort againe to their haunt in the Fo­rest: if there be any such you shall do vs to weete.

[Page 118]27 Item, if any man haue any great Parke, or great close within thrée miles of the Forest,Puraley. that haue any Saltaries or great gappes, called Déere lopes, to receiue Déere into them when they be in chasing, and when they are in them they cannot get out againe.

28 Item, if any man haue slaine any of the kings Deere with­in the Forest without warrant, you shall present his name, and what Déere was so slaine, and within whose walke the same was done.

29 Item, if any man had any Warrant for to haue anye Deare, if he haue taken more Deare than is mentioned in his Warrant: how many they were: what Deare they were: and of what season: for a Bucke in Winter, is out of season, and so is a Doe in Sommer: and whether he tooke the Deare comprehen­ded in the Warrant without sight of the Verderors and Forre­sters, yea, or no.

30 Item, if any man keepe any Hounds or Dogges, & ryding or going through the Forest, as the hye wayes do lye, and taketh not vp his dogs, but doth suffer his dogs to chase & kil the Kings Deare: whether the death of such Deare be within the Forest or without, you shall present the name of the man, and the Deare so killed.

31 Item, if any man take any Deare with Nettes, cordes, ropes, Double Paternoster Buckstalles, or other Engin, and who doth keepe any such Engynes within the Forest, or neere to it, yea shall present their names.

32 Item, if any man chase, course, or set any net, or engine though he kill not, you shall present his name and fact, and where the same was done and when.

33 Item, if any man come into the Forest, and there slay any Foxe, Hare, Cony, or any other beaste or fowle of Warren with­out authoritie, the same is to be punished for the breach of the kings frée chase, and therefore you shall do vs to weet.

34 Item, if there are any manner of rentes or seruices, wax or hony, due to the king or any of his officers of this Forest, that are [Page 119] now behind or withdrawen: by whome, how long, what it is, & what dammage it is to the King, You shall also do vs to wite.

35 Item, if there be any man that dwelleth about the borders of the Forest, which keepeth any strange Greyhound, and way­teth when the Kings Deare are out of the Forest, and foresetteth the same Deare, so that they may not returne home againe, and so by that meanes are slayne or hurt: ye shal present who he is, and who oweth the Greyhoundes, that he may be punished for the same accordingly.

36 Item, if there be any person within the iurisdiction of this Court that keepeth any hounds or Greyhoundes, that may not dispend xl. s. by the yeare of freehold, ouer and aboue all charges, according to the Statute, which hunteth in the Purleuy, as of his owne authoritie, you shall present his name, the tyme, and what dammage he did to the King in diminishing the game at such hunting.

37 Item, if any Purrely hunter,Puraley. hunt oftener than thryse in a wéeke, or before the Sunne rysing, or after the Sunne setting, or with other than his owne menyall seruaunts,The defence moneth is xv. dayes before Midsummer and xv. after. Puraley. or otherwise on Sundayes, or in the fence Moneth, which is the time of Faw­uing, and that is accounted xv. dayes before Midsommer, and xv. dayes after Midsommer.

38 Item, if any Purluy hunter, at any time, forestall the kings Deare, whether it be with dead Hay, or with quicke, for they ought to let runne at the tayle of the Deare, otherwise it is fina­ble, as if he did hunt in the forest.

39 Item,Puraley. if any person haue made any Coppies or closure of Purluy, in estrayteng of the kings Deere from the Forest, to the hurte of the owners, or do pinne the beasts of any commoner out of the shire, and not put them in open pounde in the Country, whether it be in Pawnage time or not, you shall do vs to wéete.

40 Item, if any man gather any Acornes or Crabbes in the Forest, and do make sale of them at marketes or else where, to the hurte of the commoners, and the kings beastes of the Forest, ye shall doe vs to weete.

[Page 120]41 Item, if any man haue stopped or strayted any Church­way,Puraley. mylle-way, or other waies in the Forest or Purleu, to the common nusance of the kinges free people, and to the hurt of his Deere, you shall doe vs to weete thereof.

42 Item, if any man haue any Milles within the forest, which are not repaired as they ought to be, you shall do vs to weete.

Puraley.43 Item, you shall present all the Waifes and Straies which hath bene and happened since the last Courte within the forest.

44 Item, if any man take any agistment in the forest or pur­leu, to the hurt of the kings Deare and the Commoners there: you shall do vs to weete.

45 Item, if there be any man that doth surcharge the com­mon with any manner of Cattell, or otherwise more then the law doth suffer, acording to the quantitie of his tenure or graunt, you shal do vs to wete: and of these and al other that you do know to be any offence, either in Vert or Venison, or against the Lawes of the forest, you shall inquire thereof and present the same.

And there are also many other things to be inquired of, which cannot be done without inquest, which must be by the suters to the courte, and when they are there presented, they shalbe sealed with the seales of the ministers aforesaid, and sent before the Iu­stices of the forest to the Sessiones. And if the presentments be not certified in this order they are void, as is aforesaid.

And thus endeth the Charge.

The high Court of the Lord chiefe Iustice in Eyre of the Forestes, commonly called the Iustice Seat of the Forest.

FOr as much as the Court of Attachements, called the fourtie day Court, or Wood-mote, and also the Court of Swani­mote, haue alreadie béene spoken of briefely, and also the procée­ding in those two Courts against such as are offenders in the Fo­rest in Vert or Venison. And for that it appeareth that by the Lawes of the Forest, all the procéedings of those Courts for the greatest offences done in the Forest, are as nothing, vntill such time as they are presented to the Lord Iustice in Eyre of the Fo­rest at the Iustice Seate, because, that although the offences and trespasses of offenders be presented in the said Court of Attache­ments: And that afterwardes, vpon the same presentments, the offenders be indicted at the Court of Swanimote, according to the Statute of An. 1. E. 3. cap. 8. and according to the Statute called Ordinatio forestae: Yet cannot either of the saide Courts of Attachements or Swanimote giue any iudgement of those of­fences, or assesse any fines for the same: for that doth appertaine onely vnto the Lord Iustice in Eyre of the Forest, to doe at his will and pleasure at the said Court of Iustices Seate. And there­fore all those Rolles of all such offences as haue passed the court of Swanimote, and the Court of Attachements, are to be sealed vp with the Seales of the said Verderors: and they are to keepe the same Rolles vntill the Iustice Seate, and then they are to present the same vnto the Lorde Iustice in Eyre of the Forest. And if the said Verderors do not there appeare to bring in their Rolles the first day of the same Iustice Seate: then there shall foorthwith go out a write to the Shirife to sease the lands of the said Verderors into the Kings hands, vntil such time as they shal come before the Lord Iustice in Eyre and bring in their Rolles, as it shall appeare hereafter by sundrie auncient Presidents of the [Page 122] Assises of the Forest. And it is to be noted that before the lorde Iustice in Eyre of the Forest do keepe this high Court of Iu­stice Seate, when he hath receiued the Kings Commission for that purpose, then the Lord Iustice in Eyre doeth make out his warrant or precept to the Shirife of the same Shire within the which the Forest is where the Iustice Seate shalbe holden. (The Tenor of which write shalbe shewed hereafter,) thereby com­maunding the same Shirife to sommon by sufficient sommons all the Archbishops, Bishops, Earles, Barons, and Knights, and their free tenants which haue any lands or tenements within the bounds of the Forest of our Soueraigne Lorde the King called the Forest of Windsor, and also of euery towne and village with­in the bounds of the same Forest, to sommon foure men and the Reue: and also to sommon of euery ancient Borough within the bounds of the same Forest xii. good and lawful men, and also all other free holders that ought to apeare before the Iustice in Eyre of the Forest, and that they shalbe before the same Lord Iustice in Eyre at Windsor on Monday next after the Feast of S. Peter the Apostle, or at such day as the Lord Iustice in Eyre shall ap­point in the same warrant for to sit and holde plees of the Forest. And furthermore, to commaund the same Shirife, that through­out all the whole libertie of the same Shire, aswell in all the aun­cient Boroughes and other townes, as also in all Faires & Mar­kets, and other publike places, that he shall openly proclaime or cause to be proclaimed, that al maner of persons whatsoeuer they be, which claime to haue by the Charter or Charters of our So­ueraigne Lord the King, or of any of his auncestours or progeui­tours, or by any other wayes or meanes, any liberties or fraun­chises, or free customes of the Forest within the saide Forest of Windsor, that they shalbe before the Lord Iustice in Eyre or his deputie, at the day and place mentioned in the same Warrant, to shewe what liberties they do claime to haue in the same Forest. And that all manner of persons that are attached for Verte and Venison within the Forest aforesaide, after the last plee of the Fo­rest holden before the Lord Iustice in Eyre, and also that all [Page 123] Pledges and Manucaptors which haue day by their Manucap­tion before the Iustice of the Forest of our Soueraigne Lord the King at his next comming into the Forest to holde his Iustice Seate, that they be before the said Lord Iustice in Eyre at such a day as is mentioned in the said Warrant to the same Shirife, readie to fulfil and do those things which by the Lawes of the Fo­rest they ought. And that the same Shirife with his Bailifes be there also to certifie the said Lord Iustice in Eyre of the premis­ses, and also to execute the office of a Shirife in these and such like matters concerning the same. And it is to be noted, that the Lord Iustice in Eyre must alwayes by their precept as afore­saide, giue day by the same precept of Sommons, so that all men that are to be sommoned by it, may haue fourtie dayes warning at the least of the same Iustice Seat by the Shirifes Proclama­tion. And when the Lord Iustice in Eyre is come to the place ap­pointed, according to the Proclamation, and that he is set in his iudiciall Seate, and those that are in commission with him, then after the Commission is read, and the officers of the Forest called, then the Freeholders of the same Forest shalbe called also, and all others that were warned to appeare there at that day, and then out of those freeholders and others, there is chosen a most sub­stantiall Iury of xxiiii. or xx. or xviii. of the discreetest men. And they shalbe sworne that they shall truely inquire, and true present­ment make, of all such matters as shalbe giuen them in charge, And then, to the intent that the Kings most excellent Maiestie may the better be certified what offences haue beene done in the Forest in any degree since the last Seate of the Iustice, and also how those offenders haue bin prosecuted, fauoured, or punished by the officers of the Forest, whome the King doth trust in that be­halfe: and that the King may likewise know what officers of the forest haue wel & dutifully discharged their office as they ought to do. The Lord Iustice in Eyre, or some man learned in the Lawes of the forest, by his apointment, shal giue vnto the fame Iury a charge which charge in effect doth comprehend briefely he whole scope of the Lawes of the Forest, which is as followeth.

The Charge of the Lord Iustice in Eyre of the Forest, that he doth giue at the Iustice Seate.

FIrst, yée shall inquire of all attachementes made since the last Sessions, as well of Vert as of Venison: and aswell in the Demesne Woodes of our Soueraigne Ladie the Quéene, as in any other place within the boundes of the Forest: & by whome such attachementes were made, and how they were made, and whether there hath bin any hunting within the boundes aforesaid: and if any such hath ben, then, by what person it hath so [...]en: and who hath béene consenting or agréeing to the same, that is to saye, the Foresters or any other: and what they haue beene that haue hunted with warrant, & who without, and how often, when and where the same was.

2 Ye shall also inquire where there hath béene any attache­ment made by night: and who they were that hath béene so atta­ched, and by whome they were attached.

3 In like manner you shall inquire what attachementes hath bin made in Fence time, aswel of those persons that haue offended as of others suspected: and of all others found in the Forest ser­ching and going after a suspected maner.

4 You shal further inquire if there haue bin any asserts, wastes, or Purprestures newly made since the last Sessions or before, & not presented: other then such as hath beene made by grauntes or licence of the Quéenes Maiestie, or any of her progenitors: and within whose Fee the same hath beene, or is so made, that is to saie, in the Kings demesne landes, or in the landes of any other: and who hath so made them or any of them: and who doth nowe holde the same: and how they be inclosed: and how much the same doth containe by the number of Acres.

5 Item, you shall inquire if there be any person or persons, that hath or haue inclosed any quantitie of ground what soeuer it b [...] adioyning or bordering vpon the Forest, and thereby inlargeth his or their own ground, in setting out of their hedge or hedges, [Page 125] ditche or ditches, and so streighteneth the Queenes Forest, yee shall present his or their names, and the quantitie of the grounde so inlarged.

6 Ye shal further inquire if any person or persons hath or haue raised vp or taken away any marke or bounde of the Forest: if any hath so done, ye shall present his or their name or names, and the daie and time when it was done.

7 Yee shall further inquire of the bandes and limites of all Bailiwikes within the Forest, and how and after what manner they be bounded: and how euerie of the saide Bailifes and Fosters haue vsed to keepe and walke: and what they and euerie of them do claim to apertaine to his or their office or offices: and what they do take by reason thereof, and by what warrant the same is done.

8 Item, if any person or persons hath or haue made any Myne Delphe or Coale, stane, Claye, Marle, turfe, Iron, or any other Myne, you shall present his or their name or names, and the place where the same is so done.

9 Also you shall inquire whether any Tanner or White tawer doth dwell within the precinct of the Forest, and do vse their fa­culties there yea or no.

10 If any persō or persōs haue newly builded or made any Myne within the Forest, since the last Sessions or before, and not pre­sented, you shall present his or their name or names.

11 Item, if any Church, town or house since the last Sessions or afore and not presented, hath beene erected and builded within the bounds of the Forest: by whome the same hath béene so builded, and how long it is sithence: and how many beastes be pastured & fed in the Forest, by reason of the same, to the preiudice, hurte & ouercharging of the said Forest.

12 Item, if any man hath builded any Swine-house, Neathouse or shéepe-house, or any other house or inclosure within the bondes of the forest, to the noisance of the forest: ye shal inquire by whom it was [...]on, and how much the ground is, and what it containeth: and how much pasture by your estimation for the Deere of the Queene is thereby surcharged & impaired by the beastes which [Page 126] goe in or out, to or from the said house or houses.

13 Item, if all the inhabitants within the Forest, aswel clarkes holding lay Fee, as others, being of the age of xii. yeares and aboue, be sworne to be trewe to the Forest or not, and of their apparance and defaults made here at this present time.

14 Item, if any of the Foresters, keepers or other officers, which haue walkes, and to do in the saide Forest by reason of their office, be yet vnsworn: and if any such be, you shal do vs to weete what is his name or names, & whether he or they be present or absent.

15 Item, you shal inquire what Parkes be within the limites & boundes of the said Forest or neare vnto the same, and how they be inclosed: and what salters and leapers they haue in hurte of the saide Forest: or what cōmon trespassers be in any of the Queenes Parkes within this Shire, as with Bowes and Arrowes, or any other engine: and whether any ground be tilled within the Queenes Parkes without licence yea or no: if there be, then by whome the same is tilled.

16 Item, you shall inquire what wayued goodes and straies hath beene within the saide Forest since the last Session or before not presented: and how the King is aunswered for them: or what other person or persons claimeth or taketh them: by what title or warrant the same is done.

17 Item, you shall inquire if any person or persons, hath or haue taken any Swarme of Bees, hony or Wax within the said Forest: how many and how much, and the valew, and who ought of right to haue them.

18 Item, you shall inquire who maketh or taketh the profit of Turberie, if any be within the said forest: & what ground it is: & whether there is or ought to be answered any rent for the same or no: and to what detriment or hurt of the forest the same is.

19 Also, if there hath bene any Riuer, Hauen or creeke newly made, whereby Wood, Tymber or Venison hath beene con [...]ied awaye by Boate, Barge or Shipp: of all such offenders and their aidors and concentors, you shall do vs to weete.

[Page 127]20 Item, you shall inquire if any officer of the forest hath made any Scottales, gathered any Sheaues of Corne, or done any ex­tortion or oppression by colour of their office: you shal present their names, and the same offence.

21 Also if there hath any person vsed to come into the forest in fence time to seeke Sheep, Swine or other Cattell,Driuing of cattel in the fence moneth. being not sworne to the assise of the forest, ye shall present his name.

22 Item, you shall inquire whether the Steward hath kept the Courts of Swanimote three times in the yere according to the Lawes of the forest: and taken his presentmentes, and caused them to be affirmed by the verdit of xii. indeferent men: and also to be insealed by the Werderors and other officers, according to the saide Lawes or not. And whether the xl daie Court hath ben kept or no, according to the Statute.

23 Item, whether the Keeper, Bailife or Steward, haue ta­ken fines or amercementes of the trespassers, or of those that were indicted or suspected for Vert or Venison: and if they did, of whome: how much, and what it was: and whether they haue cau­sed any person to be falsly indicted: how, and after what manner it was done.

24 Also, whether the foresters, Verderors, Regardors and Agistors, or others haue conceiled any trespassers indicted or sus­pected, or made any attachementes for their owne luker, or for fa­uour, or for the cause aforesaide, haue concealed purprestures or any other thing pertaining to their office: and whether they haue appropried any thing to themselues which should appertaine to the Queenes Maiestie, yea or no.

25 Item, ye shall inquier if any foresters of see, or other offi­cers haue taken any manner of fine or rewarde or chiminage or passage, other then to his Bailiwike hath apertained: or which by color of their office make any collections, which are prohibe­ted by the great Charter of the forest, you shall present the same.

26 Also ye shall enquire, if any Forester or Fosters hath or haue any person or persons which do accustomably resort vnto them and haunt the Forest. And what the said person or persons [Page 128] do take and receiue of the said Foresters. And whether the saide persons be suspected for any trespas or offence done or committed within the saide Forest. And if any such be, ye shall present his and their name and names.

27 Item, you shall enquire, how the Foresters do behaue them selues in their seuerall Bailiwikes and offices: and who are profitable to the Queenes Maiestie, and who not.

Item, Inquiratur, si Forestarius sit vtile domino Regi, et si non sit, de qua causa. Et si aliquid dent pro Balliuis suis, et cui. Ita quod dominus Rex perdit in aliquo.

Item, Inquiratur de Forestarijs amotis per Senescallum, vel per viridarium, ob quam causam, et qui sunt illi.

And whether there be in any of the saide Bailiwikes any more Foresters then there ought to be, and were wont to be, or do suf­fice and are necessarie or needefull for the safe keeping of the saide Bailiwike: And whether they or any of them do surcharge their said Bailiwikes by vndue, or too often lodging of any person or persons: And which haue had their horses there by the space of thrée nightes and thrée dayes, in other mens houses within their Bailiwikes or without, by reason of the said Bailiwike or office. And which of the said Foresters haue any lewd, hurtfull, noysom or walking seruant vnder them to the charge or burthen of the countrey: And which of them haue made or leuied any newe cu­stome or innouation concerning the Forest, to the dammage of the Queenes Maiestie, and the trouble and burthen of the Coun­trey, &c.

Bailifes which be Foresters of Fee.28 You shall further diligently inquire of all Bailifes which be Foresters of fee, what warrant or specialtie they haue to holde and enioy their said Bailiwikes. And which of them do giue or render to our soueraigne Lady the Queenes Maiestie any yerely ferme or annuitie for their said Bailiwikes: And how much they render for the same, And who do not, And what of right they or any of them ought to haue and take of the saide Forest to pay the saide ferme or Annuitie. And by what metes and bondes they do and of right ought to hold their said Bailiwikes, And what de­mesne [Page 129] lands the Quéene hath in euery of the saide Bailiwikes: and by what meates and boundes they be inuironned and set a­bout with &c.

29 Item, you shal enquir if any Forester of fée, or any other hath taken any reward of any Forester, that he ought to be put, deemed & taken within the liberty of the Forest: & after the receipte of such rewarde, doth remoue and displace the saide Forester, & put a newe in his place, for a newe reward, to the great detriment and hurte of the Forest and griefe of the Countrie.

30 If any person or persons, within the limittes and bounds of the Forest or without, to the hurte or preiudice of the Forest, haue newly inclosed his seueral grounde, Woods or Warren, or hath afforested any Wood of his owne without warrant of the Queenes Maiestie, you shall do vs to weete of his name.

31 Item,Deare found dead or wounded. you shall inquire whether any Deare founde newly dead, or otherwise wounded in such sort that the same cannot re­couer his hurte: and so found and taken by the Foresters, whether the flesh and bodies of such dead or hurt Deare hath beene giuen and bestowed to the Lazer-house or Spitell-house next adioy­ning, if any such there be: and if there be no such Lazer-house nere adioyning, then whether the flesh and bones of such Deare afore­saide hath béene bestowed, giuen and imparted among the poore people next inhabiting the Forest: and if they haue béene so well bestowed, then whether the Verderors or Countrie can testifie the samd yea or no &c.

32 Also of all such Deare as hath béene found and taken, as last before, whether the head and skinne of the same haue béene de­liuered to the frée-men of the next towne adioyning &c.

33 Item, if any Arrowe or Arrowes hath beene founde with­in the Forest: whether due presentment hath béene made to the Verderors thereof: to the intent that the saide Verderor in his Roll might enter the same &c.

34 Item,Greyhounds. if there be any Grey-houndes founde running with­in the said forest, to the disturbance of the Quéenes game, whether the same hath béen presented in the presentmēts of the verderors [Page 130] to the intent that the same should be sent to the Quéene, or to the chiefe Iustice of the Forest.

35 Item, you shall inquire if all the deggs which be within the bounds of the Forest, and ought to be lawed, be wel & orderly lawed, and made profitable for the saide Forest, yea or no.

36 Item, if any man in time of Haruest haue taken in any Massiue or great dogge within the saide Forest &c. to the hurt of the Deare or not.

37 Also if any person or persons to whome the Quéenes Maiestie or any of her progenitors, hath of late or old time graun­ted libertie of frée chasing within the Forest: if they or any of them by meanes and coloure thereof, haue done any preiudice to the Queenes Maiestie in the saide Forest, yea or not.

38 Also if the Queenes Maiestie or any of her progenitors, hath graunted libertie to hunte Vermen of chase, that is to saie, Foxes, Marternes, Wild Cartes, Pole-Cattes and Squiriles, within the said forest, whether they or any of them by colour therof hath killed any of the Queenes Deare, yea or not.

39 Item, if any person haue at any time seene any trespasser in the Forest take any Deare there, and hath not leuied hue and crie to take him, ye shall present his name &c.

40 Item, you shall inquire what persons there be within the boundes of the Forest or without, that doth keepe any Doggs that wil runn & kil the Deare, or kil Hares or any other beasts of chase, or doth keepe any maner of engine to take the said Deare or other beasts, or who doth by any maner of engin take a Deare or such beastes: and who are receiuors, ayding, and concenting to the same, you shall present the same.

41 Item, whether any Deare were or hath beene taken: & by what manner of persones the same hath beene so taken: and whe­ther it were by warrant or without warrant.

Item you shall inquire if any haue bene offenders in warrens or fish-pooles within the liberties of the Forest.

42 Ye shall moreouer inquite what person or persons within the boundes & limittes of the Forest, hath any Bowes, Shaftes, [Page 131] hounds, or any other engins, to the end to preiudice the Queenes Maiestie of her beastes of chase: and who is accustomed to enter into the said Forest with Bowe and Shaftes: you shall present the same.

43 Item, you shall inquire whether any person to whom the Queenes Maiestie or any other person by reason of his office hath giuen any Deare, hath taken any other kind or more Deare then hath beene so giuen him: And what Foresters, officers or other persons haue beene ayding and assisting to the same: and whether the same were taken without sight of the Foresters and Verderors yea or no. Also ye shall inquire who hath taken any kinde of Hawks, Fesants, Partridge or other Fowle of War­ren within the said Forest, contrarie to the Lawes of the same.Purlieu bor­ders.

44 Item, ye shal inquire if there be any man that hath hunted the Queenes Deare within vii. miles about the forest, at any time within xl. daies next before the Queenes hunting, or xl. daies next after it was done: for these causes: for that the King afore his hunting or his commissioners ordained to take the view of the game, his grace should haue the sight of his Deare where they lie at rest in their haunt: and after the hunting, because when they be driuen out with strength of hounds, and noise of men and hornes, may after resorte againe to their haunte in the Forest.

45 If any Purlew hunter, hunt disorderly to the distruction of the Queenes game in the Forest or kill Deare,Purlieu. or hunt before the Sonne or after, or with any other then with his meniall ser­uants, or hunteth vpon the Sondaies.

46 Item, if any Purlew hunter at any time forestall the kings Deare, whether it be by dead haie or quicke heye:Purlieu. for they may not forstall but let flip at the taile: and whether any Purley hunter hath hunted in the fence Moneth or not.

47 Item,Purlieu. if any man commeth into the Purlew and findeth a Deare in his feading, and goeth against the winde and so slayeth him with bow or Gray-hounde, or other Engin, or forseth him at any gap or pitch as the Deare is woont to walke, or taketh his flight, ye shall do vs to wéete.

[Page 132]48 Also if there be any person that holdeth any long running hounds & rideth or goeth through the forest as the high waies lie, and taketh not vp his said hounde or houndes with a fast knott, so that they winde the Deare and fal thereto, & driue the Deare til he be dead, be it within the forest or without, do vs to weete of the persons names and dwelling places & of the Deare so killed &c.

49 Item, if any man taketh any Deare with nettes, cordes, roapes, double paternoster, or other engine, ye shal do vs to weete.

50 Item, if any man chase or course, or set any net or Engine, though he kill not &c. you shall present the same.

51 Item, if any man commeth into the Forest, and there staieth Foxe, Hare, Conny, or any other beastes or Fowle of Warren without authoritie &c. you shall present the same.

52 Item if there be any man that dwelleth about the border of the Forest and keepeth any straunge Grey houndes, and waiteth when the kings Deare be out of the Forest, and forseth the saide Deare, so that they may not come home, but by that meanes is dead: ye shall do vs to weete who he is, and who oweth the Grey­houndes, and the place where the same was done.

53 If there be any man that hath slaine any Deare of the Queenes within the Forest: of his name, and what Deare was so staine, you shall do vs to weete.

54 Item, if there be any person that kepeth any hounds or grey­houndes,An. 13. R. 2. cap. 13. Purlew men. and if he be Spirituall and may not dispend x.li. by the yeare: and if he be Laie & may not dispend x.li. by the yeare of free holde ouer all charges, and hunteth in the Purlew of his own authoritie: do vs to weete of his name & hunting, for otherwise he ought not to hunte. &c

55 You shall in like manner inquire whether the Foresters or any other officers haue agisted any cattel in the Quéenes demesne Haies and seueral Woods wherein no person hath common. And whether they haue Mowen any of the Quéenes lands, & taken the grasse and hay thereof to their owne vse and sold the same to the preiudice of the Quéeeens Deare: and how much the same grasse and Hay was woorth, or what they receiued for the same.

[Page 133]56 Also you shal enquire, if all Agistors of our Soueraigne Ladie the Queene haue truely & faithfully agisted her highnes demesne woods: and truely and faithfully leuied and receiued the pawnage: and fully aunswered and accounted for the same. And if they haue not fully accompted for the same, as is afore­saide: then how much the summe is that doeth still remaine in their hands.

57 Item, you shall enquire of such as hath any Woodes ad­ioyning to the Forest, & in Pawnage time hath put his Swine into his owne Woods, and maketh gappes and procureth his Swine out of his Wood into the Forest in hindering of the Queenes Pawnage: Of all such Swine, you shal do vs to wite, of the number and value of them, & also of such offenders therein.

58 Item,Swine vnrin­ged. Vide titulo Common of pasture. if any man hath any Swine comming into the Fo­rest in Pawnage time, or any other time in the yeare vnringed, Wrooting, deluing or turning vp the Queenes, soyle which is cause of exhilation and making leaue of the Queenes Deare, You shall do vs to weete of the number and price of them, and who it is that doth so.

59 Also, if there be any man that hath any Patent by graunt of any King or Queene, or any specialtie, and it confirmed to him before any Iustice in Eyre for a certeine number of Swine in the Queenes Forest: if he hath more than his specialtie or Patent al­lowed doth make mention of, do vs to weete, and the number & price of them, and the offender herein.

60 Item, you shall enquire,Swyne not ringed. if there hath beene any Swyne not ringed, or Goates, that hath beene attached since the last Ses­sion within the Forest: of the number and price of them, you shal do vs to weete: For they be forfeitable by the first Attachement, for they are no beastes of common. Also, if there hath any Shéepe come within the Forest or within the Couert,Sheepe. and haue béene at­tached three times since the last Session, of the number and price of them, ye shall do vs to weete, &c.

61 Item, you shal enquire of all strangers that haue had horse, Mares, beasts, or other cattel in the forest, by which the pasture of [Page 134] the Kings Deare hath béene surcharged, or ouerlayd, to the hurt of the same Deare: and to the noysance of them that haue com­mon in the same Forest, You shall present their names, &c.

Stone Horse.62 And you shall enquire, if there be any person or persons, that putteth any Stone horse or horses vpon the Forest to be fed, or commoned within the Forest,Drift daies of the Forest. Anno 33 H. 8 cap. 5. Note that the dayes of the drift is appointed by the Sta­tute. being of the age of two yeares, which are not of the stature of xv. handfulles high by the Stan­dard. Or whether there be any Mares, Fillies, or Foles, which be not like to be able to beare foales of reasonable stature, pastu­ring within the Forest. Whether the Hedborowes and Ty­thingmen of euery of the townships within the said Forest at euery of the driftdayes, according to the Statute, hath duely exe­cuted the same Statute.

63 Also, ye shall inquire whether any officer of the Forest hath taken any fines for the Agisting of strange cattels within the said Foreste to the hinderance of the pasture for the Queenes Ma­iesties wilde Beastes, and to such as haue common in the same. And what, and how much the pasture of the saide Deare hath bin hindered thereby, &c.

64 In like manner ye shall enquire, if any man hath spoyled or destroyed any Brush or Ferne,Destroyers of any Couer [...]. or any other couert or defence in such place or places where the Queenes Deare hath or doth commonly vse or haunt, or doth vsually calue or fawne.

65 And also, whether any person to whome the Queene hath graunted Estouers for his owne onely vse of such Ferne and Brush, or other Estouers, whether they haue by colour thereof giuen or solde any of the saide Fearne or Brush, or Estouers to others. And who hath had any such warrant for the taking of a­ny such Estouers, and what warrant: And how much the Fo­rest is thereby preiudiced and hurted, and of his or their name or names that hath so done, you shall do vs to weete.

Surcharging the Common.67 Item, whether there hath any person or persons inhabi­ting within the Forestes, surcharged the pasture & meadow with­in the same: and how the same hath béene surcharged: and to what losse and hurt the same hath béene, you shall do vs to weete.

[Page 135]68 And further, you shall enquire, if there hath any person come into the forest, & felled and cut downe any great Okes of the Kings, and carried them away by night or by day: Of the price of the horses and Carte, and of the saide trees carried, ye shall do vs to weete.

69 Also ye shall enquire, if any person or persons hath or haue come into the Forest and cut downe any small wood or vnder­wood, as Sparres, Blete, Thornes, or watling roddes, and car­ried the same away vnattached, yee shall do vs to weete of his name and of the price, &c.

70 Item, if the Forester of the Forest, his Lieutenant, or a­ny Foster browseth any Mast, bowes,Browsewood. or great Okes in Winter time, more for his owne aduauntage for to sell, than for the suste­nance of the Queenes Deare, do vs to weete, and the name and price.

71 Item, if takers of wood by the Queenes licence or grant, whether they did not exceede their graunt and authoritie, you shal do vs to weete: And by whose assent, and how much, and what person hath done so.

72 Item, if any man haue any warrant to haue certein trees: if he hath taken more than his warrant: or if he hath taken the saide trees without view of the Verderors or Fosters, ye shal do vs to weete, &c.

73 Item, if any warrant were graunted for any Okes to the Queenes vse, if any man take them to his owne vse, or otherwise bestow them or sell them, of the prise yee shall do vs to weete &c.

74 If any commissions were directed to any Woodseller for a certaine number of great Wood or vnder-Wood, or both, if the Woodsellers haue well made their hedges of the coppies for the sauing of the Queenes couert. And if they haue concealed any of the profite on their accompt that the Queene ought to haue. And if they haue enclosed any Moores, great plaines, or wastes, to the hurt of the commoners, or put in cattell to the hurt of the springs, yee shall do vs to weete.

75 Also, what Okes or other wood the said Foresters haue [Page 136] giuen, solde, or taken, or vndermyned, or otherwise impaired, to which the officers hath consented, or otherwise, &c. Le quantitie et le value de tiel boise. &c.

76 Ye shall further enquire who hath made any spoyle or waste in the Forest of Vert in the Queenes demesne Woods: And also in the woods of other persons within the saide Forest. And what, and how much euerie of the saide Foresters hath gi­uen, solde, or hath suffered to be giuen, or hath taken to their own proper vse of the woods within their Bailiwikes. And if for the fauour of any maner of person (that is to saye) of Noble men or meane men, the saide officers hath suffered them or any of them to make spoyle or waste of their woods within the saide Forest: what, and how much spoyle it is. And if they or any of them by meanes thereof haue taken anything of them: what and how­much it is, &c.

77 Further, ye shall enquire how much vesture and coue­ring all and singular woods and shadowing of the same now be­ing asserted were worth before they were so asserted,Assartes. aswel of the Queenes demesnes, as of other mens groundes: and who hath receiued the profits thereof: and how much the Corne is worth of all and singular the saide asserts which be nowe sowen, &c.

78 If any person or persons doth walke in the Forest out of the Queenes high way with Bowe and Arrowes, other than the Reepers or officers appertaining to the Forest, contrarie to the Assise of the same: yee shall present his or their name or names.

79 Further, ye shall enquire, if the Forester or Foresters of the saide Forest, hath and haue early euery morning walked with­in his walke and limits, and so diligently vsed their dueties at o­ther times of the day, looking to the Queenes Deare and other beastes of chase, in watching and harkening what offenders shall come into the said Forest, yea or no.

80 If any man haue stopped or streightned any Church-way Milne-way, or other wayes within the Forest and Purlew: you shall present his name.Acōrnes and Crabbes.

81 If any person or persons gather any Acornes, Crabbes, [Page 137] or any other Mast, and maketh sale of them in the Market or else where to the hurte of the Quéenes Deare and commoners there, you shall present the same.

82 Item,Purlew. if any person hath made any Copes or Closure in the Purlew, estraigntning the Quéenes Deare from the Forest, to the hurte of the owners, or pounded the beastes of any cōmoners out of the shire and not put them in open poundes, whether it be in Pawnage time or not, do vs to wéete.

83 Item, whether all such Rentes seruices, and other duties which ought to be paied and done to the Queene or her Foresters, haue beene duly and truly aunswered and done yea or no.

84 And finally, if there be any person or persons which hath impleded or sued any Plee which dothe appertaine to our Soue­raigne Lady the Queene: And which is within the iurisdiction of the Iustice of the Forest, and before him to be determined. Or if there be any persone that hath taken any fine or raunsome for ta­king or killing any Hares, and for hauing and keeping of any vn­profitable dogs in the said Forest, contrarie to the assise of the same: or for any other trespasse which appertained to the Queenes Maiestie to haue reformation for, you shal present the same likewise.

Thus endeth the Charge of the Lorde chiefe Iustice in Eyre of the Forest.

BEfore that I doe begin to speake or write any thing concer­ning a Forest: it is necessarie first of all to sée what thing a Forest is in his owne proper nature. I haue read and séene ma­ny definitions of a Forest: and yet not any that is a perfect defi­nition of the same.Definitio Nominis. Some do make this definition of a Forest, vz, Foresta id est Ferarum Statio: this is but definitio nominis non rei, it is but an exposition of the worde forest, and not a perfect de­finition of the nature of the very thing in deede. Othersome do saie that Foresta est tuta mantio Ferarum: and this is no more but an exposition of the worde Forest nether:Forest. as if a man should say,An vnperfecte definition of a Forest. that a forest is a safe abiding place of the wild beastes to restin. Some do make this definition of a forest, vz, a forest is a teritory of grounde, meered and bounded with vnremoueable markes, méeres and boundaries, ether knowen by matter of recorde, or else by prescription. This is no perfect definition of a Forest, nei­their, because it doth not concist Ex genere & vera differentia: for by this definition Westminster Hall may be a Forest,Westminster Hall a Forest. for that the same is a Territorie of ground, it is also meered & bounded with vnremouable markes, méeres and bounds, for the same hath most strong stone walles that do inclose it round about, that are aunci­ent enough to make a prescription, and yet the same is no Forest: Although peraduenture there are some kind of persons that haue more felicitie to hunt there after gréedie gaine, than in any other Forest after game. And in like maner Saint Paules Church in London may be a Forest very well by that definition, for the same is a Teritory of grounde, it is also méered and bounded with Stone walles, that are vnremouable boundaries, and they are knowen by prescription auncient enough: and yet the same is not a Forest in déede. And if the definition of a Forest were this, vz, a Forest is a Terretory of ground, méered & bounded with vnre­mouable marks, méeres & bounds, ether knowen by matter of re­cord or else by prescription,The definiti­on of a Chase. which territory of ground is also reple­nished with wild beasts of Venerie, in the protection of the King, for his delight: this is a good definitiō of a Frée Chase: & yet is this no perfect definition of a Forest: for then euery Frée Chase were [Page 139] a Forest, and there is no difference betweene a Forest, & a Chase by this definition: for a Free Chase is a Teritory of grounde: the same hath also méeres and boundes, ether knowen by matter of recorde, or else by prescription, to the entent that if any offence be done there, it may be knowen by the same boundes whether the offence were done within the Chase or out of the Chase, by the which it is knowen either to be an offence or no offence.A Chase hath boundes and beastes of Ve­nery. And also a Free Chase is replenished with wilde beastes of Venerie, for the Kings delight, as the Bucke & the Doe, & other beastes of the Forest & of Chase. Why then what doth this definition lack of the true definition of a Forest? Marie this, that a Forest hath certain perticuler Laws & officers yt are only proper to a forest, & not to a Chase, & a Chase hath no such Lawes nor officers:The difference between a Fo­rest & a Chase for al offenders in a free Chase are punishable according to the comon Lawes of this Realme, and not by the Lawes of the Forest: And therefore this is the very true definition of a Forest, that is to saie: a Forest is a certaine Territory of grounde and Priuiledged place for wilde beastes to rest in: méered and bounded with vnremoueable Markes, Meres, and Boundaries,The definiti­on of a Forest. either knowen by matter of Recorde, or else by Prescription: Which Territorie of grounde is also replenished with wilde Beastes of Venerie, and Verte, and Couerts for the succour of the saide Wilde beastes, which place hath also certeine perticular and proper lawes and officers for the preseruation of Vert and Venison:A Forest doth consist of iii. things. So that a Forest doth consist of these three things, that is to saye: of Vert, Venison, and of certaine perticular lawes that are onely proper vnto it.

And a Chase doth consist of Vert and of Venison,A Chase doth consist of ii. things. for the same hath not any perticular Lawes that are proper to a Chase onely. And thus much concerning the definition of a Forest.

What things doe make a Forest: How a Forest is made. What things be incident to a Forest. Who may haue a Forest. And what difference there is betweene a Fo­rest, Chase, Parke and Warren, hereafter followeth.

Charta de Fo­resta.THe words of the Statute of Carta de Foresta Articulo pri­mo, are these: Omnes Forestae quas Henricus auus noster aforestatuit &c. Cōcerning this first Article, it doth plainly apeare in a booke which doth remaine in the Exchequer, called Liber Rubrus: that a Forest is a safe abiding place of wild beastes, not of all maner of wilde beastes, but only of them that are belonging to the Wood: not in all places, but in certaine places meete for that purpose. And of this worde Foresta (o) is chaunged into (e) as who should saie Feresta, id est, Ferarum statio: And a Forest is not in euery Shire,A Forest must be in the woo­dy Contries. but in the Woodie Countries, where great Couert and frutefull pastures be. It maketh no force whose the Woods be, either the Kings or any other mannes, so that the wild beastes may haue their free and safe course and abiding within the circuit of the same Forest. This Article is neither for then lar­ging nor diminishing of the common Lawe:The Woodes of other men may be affo­rested as well as the Woods of the King. Carta de Fo­resta Artic. 1. but it is a rehersal, that the Kinge before that time had made Forestes of the Woods of other men, as well as his owne demesne Woodes: whereby it doth appeare that before the making of this Statute the King might haue made a Forest in euery Wood that he woulde, aswell in the Woodes of other men, as in his owne demesne Woodes: & so he may yet at this daie: because yt it is necessarie that the king shall haue game and other disportes of pleasure, méere for the dig­nitie of a Prince, to passe the time in euery place within his domi­nion where he will commaunde. For if the king by his Royall au­thoritie will commaund that any place within his Regall iuris­diction, where wilde beastes are, shalbe kept for a certaine time for his pleasure and disporte: then no person ought to chase or hunt there for the time commaunded: and yet the same is not a Forest by that commaundement: for the King is to haue such things by matter of Recorde.

And so it appeareth that a Forest is a safe abiding place for wilde beastes,What a Fo­rest is. in the protection of the King for his pleasure and delight: and yet not for all kind of beastes, but for such beastes as are belonging to the Wood, that is to saie, for Hartes, & Hindes, Buckes and Dooes, Rooes, Sangliers, wilde Hogges, wilde Bulles, Kyne, wilde Beares, Hares, wilde Goates, Martrons, Foxes, Wolfes, Squireles,Beastes that are belonging to the Wood. and all other beastes of Venerie and Vermius of chase, so long as they are remaining within the circuit of the Forest, it is not lawfull for any person without the Kings licence to hunte, chase or kill them or any of them there, al­though that some of them are not beasts of the forest, nor beasts of chase:Vsage and cus­tome to hunte in their owne Lande at litle Vermins. yet so long as they are within the forest they are in the kings free protection: so that no man may chase them there (except only in places where they haue beene accustomed time out of mind to chase at such little Vermines in their own lands, out of the kings demesne lands and Woodes:) Master Hesket in his learned rea­ding of the Lawes of the Forest doth saie that there be fiue wilde beastes that are accompted beastes of the Forest, that is to saie,There are fiue beastes that are beastes of the Forest. And there are also fiue beasts that are beasts of Chase. the Harte, the Hynde, the Hare, the Wolfe, and the Boare: and there are also fiue other wilde beastes that are accompted beastes of the chase, that is to saie, the Bucke and the Dooe, the Fox, the Martron, and the Rooe: these also the old Foresters were wont to call the beastes of the Forest, and the beastes of chase. And it doth appeare by the auncient Lawes of the Forest made by King Ca­nutus in his Canon the 27. that all the wilde beastes that do liue within the Forest, are not acompted beastes of Forest:Canutus lawes of the Forest: Canon 27. but only remaine of them: for the wordes are these: Sunt inter alia preter feras Forest [...]e bestiae quae dum &c. By which it doth appeare that there are diuers wilde beastes remaining in the Forest, that are not properly beastes of the Forest in déede: and yet it is not lawfull for any person to kill them: for the killing hunting or hur­ting of them in the Forest, is Fractio Regalis Chaceae: Fractio regalis Chaceae. which by the Lawes of the Forest is punishable, as hereafter it shall be shewed. The olde Foresters do accompt that Connyes are not at all belonging to the Wood, for that they haue animam [Page 142] reuertendi: a minde of returning againe: and therefore they are not of such nature as the other wilde beastes are: but yet it is not lawfull for anye person to kill them within the Forest without the Kings licence. Wilde Bulles nor wild Kine are not now in euery Forest, nor scant in any Forest in this Realme: and wilde Wolfes being enimies to the common wealth, are not to be suffered in any place, as heretofore they haue: so that they are at this daie all destroyed and not remayning in any Forest in this Lande.

The manner howe a Forest is made, is this.

WHen the Prince is minded to make a Forest in any place that is méete for the same: then the King may graunt out a commission vnder his great Seale of England,How a Forest is made. directed to certaine discréete persons appoynted for his grace for that pur­pose, thereby commaunding them to view, perambulate, and also to meere and bounde the place where the King will haue the same Forest to be made. And when they haue so executed his graces commaundement according to the tenor thereof:The King is to haue a Fo­rest by matter of record. and the same be­ing once returned and certified of record into his high Court of Chancery accordingly: & Proclimation therevpon openly made, thorow out all the Shyre within the which the same Forest is so made, that after that time, no person shall hunte or chase any man­ner of wilde beastes within the precinctes or boundes of the same place so returned and certified of recorde as is aforesaide, without the Kings especiall licence for the same. Which said perambula­tion, Proclamation and certificat of the méetes & bounds of the same péece of grounde being once returned, and the King intitu­led to the same by matter of recorde, doth make the same a Forest, whose land or grounde soeuer the same be, where the same Forest is so made: For it is at the libertie and pleasure of the King, to reserue the wilde beasts & the game to him selfe, for his only plea­sure and delight in such Priuiledged places, where he will haue a firme peace appoynted for them. And in the very like manner, [Page 143] a writ may go out of the Chauncery to the Shirife of the Shire, to inquire what place is most conuenient to make a Forest in:Here you may note that eue­ry Forest must haue bounds, as it doth ap­peare in Assisa Forestae, arti­culo 18. and these bounds being once by matter of Re­cord, they are the Kings, for Omnes Metae Forestae sunt integre Domini Regi: and therefore no man can or maye take them away. And so euery man may by search know the true limits and bounds of euery Forest: And the like of the Purlew, for the same was once Forest, and afterwarde disafforested, which is done by matter of Record also. whervpon the Shirife shal charge an inquest to inquire of the cer­taintie of the place, & the bounds thereof: & to put ye same in wri­ting, & then to certifie it into the Chauncery: and when the king is thereof a certained by matter of recorde: he may send to the Shirife by letters pattents, that he shall then cause it to be pro­claimed in the Kings name: that the place which he hath so certi­fied, shall from hence foorth be a Forest: and that all persons shall refraine from hunting or chasing of any of the wilde beastes with­in the boundes of the same.

And also that the game therein shall be reserued for the plea­sure and disporte of the King and his nobles only.The King is to haue euery thing by mat­ter of Record. The comaun­dement of the King by word only doth not make the land of his subiects a Forest. In the Kings owne lands no man maye hunt. And that doth make the same a Forest: and if the same be made in any other maner then is aforesaide, then it is no Forest: for the King ought to haue those matters, by matters of recorde, and not otherwise. For if the King commaunde by worde only that no person shall chase or hunte in certaine groundes of his Subiects owne landes any wilde beasts of venery: this doth not make the same a Forest: neither shall any person be punished for hunting of wilde beastes of venerie in his owne landes: (for such a commaundement by worde only) by the Lawes of the Forest, as if the same were a Forest in déed, where such a person did so hunt: but yet it is other­wise where the same grounde doth belong to the King only as his owne demesne landes.

Also if the King do make such a commaundement by matter of recorde, as is before declared:Euery Forest must haue wylde beastes of necessitie. yet the same is not a Forest before that wilde beastes of Venerie be therein: for if there be no wilde beastes of the Wood in it, the grounde is in the same nature that it was before, and the same is not altered.

What is inci­dent to a Fo­rest.Also before that it can be a profitable Forest, it behoueth that the King do appoynt certaine nesessarie and méete officers, for to take charge of the same: as Verderors, Foresters, Regardors, Woodwardes, Agistors and such like. And before that such offi­cers be appoynted,What offi­cers do belong to a Forest. it is not a profitable Forest for the King: for these officers must haue the charge of the Vert & of Venison, for the preseruation of it. Of which two things, a Forest doth chiefly concisle, and without the same it can be no Forest. And also it be­houeth that euery forest haue a Courte, which is called the Court of Swanimote: for a Courte of Swanimote is incident to euery Forest:A Courte of Swanimote is incident to a Forest: and al­so the courte of Attache­mentes. euen as a Courte of Pipowders is incident to a Faier: And yet there are diuers places within this Realme, that are cal­led Forestes, and they haue the names of Forestes, and yet they haue not vsed to kéepe any Courte of Swanimote: but such Fo­restes do not séeme to be Forestes in déede, but they are rather Chases then Forestes: For it cannot be a Forest, vnlesse the same haue both a Court of Attachementes, & also a Courte of Swani­mote beloning to the same.

The King may make a Forest in the landes or Woodes of any other man as it apeareth in the foresaid Red booke of the Exchequer in these words: nec interest cu­ius sunt nemo­ra siue Regis side Rigni, siue procerum.Who by the Comon Lawe may make a Forest.

AMongest the learned in the Lawes of the this Realme, it hath béene alwayes holden for a generall oppinion, that by the comon lawe, the King may make a Forest in all Woodes or Places wheresoeuer he will within this Realme: aswell within the Woodes or landes of his Subiects, as within the Kings owne demesne Woodes or landes as is aforesaide: and no other person may make a Forest, but the King only. And yet there is no doubt, but that a noble man or a common person may haue a Fo­rest by especiall graunt from the King or Prince, vnder the great Seale of England: As the Ducke of Northfoke in times past had:A comon per­son may haue a Forest by the graunt of the King. And also the Lord of Burga [...]eny had a forest in Sussex, cal­led the Forest of Saint Leonardes: Also the Duke of Bucking­ham had diuers forestes, as the forestes of Brecknock, Haye, and Cantselly and others: which notwithstanding that they were in [Page 145] their hands being subiects, yet they were Forests still,A Forest is a Franches of such noble & princely plea­sure incident onely to the royal dignitie of a Prince: that therefore no person can make a Forest but the King onely. But yet a common person may haue a Forest by graunt from the King, as it doth appeare by the reci [...]all of the Statute of 22. E. 4, ca. 7. For at the time of the making of that Statute, diuers persons had Forestes be­sides the King. and of the nature of Forests. And so there are diuers noble men at this day that haue Forests of their owne by the graunt of the King or Prince, made to them or to some of their auncestours: and if any affender be found offending in any of those places that are such fo­restes, then they shalbe punished for the same offence according to the lawes of the Forest, & acording to the qualitie of their offence.

It seemeth that in times past, there were diuers Forestes in Wales,Exactions by the owners of Forestes in Wales. Strange cu­stomes con­cerning forests in Wales. 27. H. 8. ca. 7. which although they were in the hands of Lords & noble men, yet the owners of them had by the graunt of the King Iura legalia: by reason whereof those owners of such Forests and their officers did vse such extreame dealing towardes the people of the countrey, that diuers great misdemeanors and ryots did thereby ensue: besides that they had such lawes, exactions, and straunge customes in those places, as it doth appeare by the recytall of the Statute of 27. of H. 8. ca. 7. that the same act was made of pur­pose to reforme and take away the same.Wales was a Principalitie of it selfe. And the reason why the Lawes and customrs of Forests in Wales did so much differ frō the Lawes of the Forest in England is, as it seemeth, because that some time Wales was a iurisdiction of it self before that the same was vnited and annexed to this Realme by the Statute of An. 27. H. 8. ca. 26. And before that time, they haue had Princes of them selues,The Queenes Maiestie hath a royal Prero­gatiue to make a Forest. which haue had authoritie to make Forestes and Lawes. also concerning the same, which is contrary to the lawes of this Realme now: For at this day no man can make a Forest in England but the Queenes most excellent Maiestie, because her highnesse hath that Soueraignetie & royall Prerogatiue re­serued onely to her selfe. For as it is proued by the opinion of Master Treherne in his reading vpon the Statute of Carta de Foresta, the King of Skottes,Trehernē. in his reading. fo. 3. although that he be a King or Prince in his owne countrye: yet he neither may make a Forest [Page 146] nor yet haue a Forest in England, without the especial graunt of the King or Queene of England, because in that respect he is but a subiect himselfe, neither hath he any Prerogatiue or soueraigne­tie in this land to make a Forest, or to haue any Forest here, except the same be by the especial grant of her Maiestie. And this much concerning these two points, Who may haue a Forest, & who may make a Forest by the comon lawes of this realm at this day.

Now at is to be seene what difference there is betweene a Forest, Chase, Warren and Parke.

The differēce betweene a Forest & a Chase The officers of the Forest. The wood mo [...]e court, The Swani­mote court. The difference betweene the beastes of the Forest, and the beastes of the Chase The beastes of the Forest are called Silue­stres. The beastes of the Chase are called Cam­pestres.THe difference betweene a Forest & a Chase, is, that a Forest hath keepers, Foresters, Verderors, Regarders, Agisters, Woodwards, & other officers, & also a Court of Attachementes, which the old Foresters do call The Wood-mote, & a Court of Swanymote: and a Chase hath only Keepers or a Keeper, & no court of Attachements nor court of Swanimote, nor other offi­cers as a Forest hath. The diffence betweene the beasts of the fo­rest & the beasts of the Chase is said to be this: that the beastes of the Forest are tantum siluestres, and the beasts of the Chase are Campestres tantum: for the beasts of the Forest do make their a­bode all the day time in the great Couerts & secreat places in the woods: and in the night season they do repaire into the lawnes, pastures & pleasant feedings for their foode & reliefe: and there­fore they are called Siluestres, that is to say, of the wood, or beasts that do haunt the woods. And the beasts of the Chase, they do make their abode all the day time in the feeldes & vpon the Hilles or high Mountaines, where they may sée round about them, who doth sturre or come neare them: And in the night season when euery bodie is at rest, & all is quiet, then they do repaire vnto the corne feelds or vnto the lawnes, medowes & pleasant feedings for their releefe: and therefore they are called Campestres, that is to say beastes of the feelde, or beastes that do haunt the feeldes. There are but fyue beastes of the Forest,There are fiue beastes of the F [...]est And there are fiue beasts of the Chase. and there are also fyue beastes of Chase, as hath beene shewed before. Also, a Forest doth most chiefely consist of these three things, vz, of Vert, Ve­nison, and certeine perticular lawes and officers for to see the due exetution of the same. And as concerning the first of them, which [Page 147] is Vert, it is to be vnderstood, that Vert,A Forest doth consist of Vert. Venison, and Lawes for the purpose. Greene hewe. Venison. Perticular Lawes. which the olde Fore­sters were accustomed to call Greene hewe, is euery kind of thing that doth growe within the Forest and beare greene leafe, which may be any succour or couert for the wilde beastes to haue their secreat abyding in. The seconde thing is Venison, by which is vnderstood all maner of wilde beasts of Venerie, which are beastes of the Forest, & beastes of the Chase. The third is, certaine per­ticular lawes which are onely proper & belonging to a Forest for the preseruation of the same Vert & Venison, & for the punishmēt of such as are offenders therein.A Forest doth conteine in it, a free Chase, a Parke, and a Warren. And because that these lawes might the better be executed: Euery Forest hath certeine meete officers for that purpose only, as Verderors, Regarders, Fore­sters & such like, &c. Also, this word (Forest) is both a generall & a compound word, for that the same doth cōprehend many things in it. For a Forest doth alwaies comprehend in it, a Free chase, a Parke & a Warren, & all these are contained in a Forest: And therefore, if any person do hunt or kill within the Forests any ma­ner of Wilde beasts, which are but vermine,Fractio Rega­lis Chaceae, see Carta de Fore­sta of king Ca­nutus, canon 27. & neither beastes of the Forest, nor of the Chase, yet the same person is to be punished for the breach of the kings free Chase. Also if any person do hunt or kill wilde Conyes in the Forest, he shalbe punished for ye same. And likewise, if any person do destroy Partridges or Fesants within the Forest, he is to be punished: for they are fowles of war­ren:The taking of Fesaunts and Partridges are forbidden by the Statute of 11. H. 7. ca. 17. and the King hauing the franches of a free Warren within euery Forest, all such fowles & beasts of Warren are by him pro­tected in the same only for himself & his nobles, for his pleasure & princely delight. The King himself may haue a Forest, but so can not a common person without a special graunt from the King for the same. Also a comon person may haue a free chase by the grant of the King or Prince, or els by prescription.Itinere North­ampton. An. 3 E 3. Br titulo Prescription, 57. Vide ibidē quoque, 108. And it is to be noted that a comon person may prescribe to haue a park or a warren, in a certaine place within his Mannor as appendant to the same: as it doth appeare in Itin' Northanpt' An. 3. E. 3. & An. 13. H. 7. f. 16 & An. 5. E. 4. f. 18. where al these are holden for good prescriptiōs, & diuers of them are allowed in the Eyre before the Iustices of forests for good claims. He yt hath a Freechase by ye king must not [Page 148] vse the same for all maner of wilde beastes, but onely for wilde beastes that are beastes of the Chase.Misuser. Prescriptions. The punish­ment of offen­ders in a chase And the offenders that are taken offending in any Chase they are to be arrested, imprisoned and punished by the common law and by the Statute de Malefa­ctoribus in Parcis Chaceijs &c. which was made in An. 21. E. 3. But such offenders are not to be punished by the Lawes of the Forest, as offenders in the Forestes are.

Now it is to be seene what thing a Warren is.

A Warren is a fraunches, or priuiledged place of pleasure only for those beastes & Fowles that are beastes and fowles of Warren,Campestres non Siluestres. id est, tantum Campestres & non siluestres, vz, For such beasts & fowles as are altogither belonging to the feelds, & not vnto the woods,Vide, the Re­gister, in titulo Trespas de malefactoribus, That these on­ly are beasts & birds of War­ren. 21. E. 3. de Malefactoribus in Parcis. & for none other beastes or fowles. Ther are but two beastes of Warren, that is to say, Hares and Connyes. And there are also but two Fowles that are Fowles of Warren, vz, Fesants & Partridges. And no other wilde beasts nor byrdes haue any firme peace, priuiledge or protection within the War­ren. If any person be found to be an offender in any such frée war­ren, he is to be punished for the same by the course of the common law, & by the Statute of 21. E. 3. called the statute de Malefa­ctoribus in Parcis, Chaceijs &c. For the most parte, there are no officers in a Warren, but only the master of the game, or the kee­per. A free Warren is sometime inclosed, and also sometime the same doth lye open: for there is no necessitie of inclosing of the same as there is of a Parke:Abuser. for if a Parke be suffered to lye open & not inclosed, the same ought to be seised into the Kings hands.

What a Parke is.

A Parke is a place of Priuiledge for wilde beasts of Venerie & also for other wilde beasts that are beasts of the Forest, and of the Chase, tam siluestres quam Campestres. And all those wilde beastes are to haue a firme peace & protectiō there: so that no man may hunt or chase them within the Parke without licence of the owner of the same: for if any person shall do the contrary, then he is to be punished by the course of the common lawe, as by an actiō of Trespas, which the same owner of the Parke shal bring against [Page 149] him that shal so offend, or els such an offender shalbe punished ac­cording to the Statute de Malefactor' in Parcis, &c.

But yet a Parke is of an other nature then either a Chase or a Warren is: For a Parke must be inclosed and may not lie open:Abuser. A Parke must be inclosed of necessitie, for the same may not be suffered to lye open: for if it doe, the same is a good cause of sey­sure of the same into the handes of the King: and this is called abu­ser, for that the same is a­bused from the nature of a Parke. Maister Hes­ket in his rea­ding fo. 3. for if it do, that is a good cause of seysure of the same into the hands of the King or Prince, as a thing that is forfeeted vnto the King, and therefore the same is inquitable, as a speciall thing giuen in charge at the Iustice seate of the Forest: as you may sée in the xv. Article of the Charge hereafter: And the very like is of a Free Chase, if the same be inclosed which ought to lye open. And it is further to be noted also, that the owner of such a Parke cannot by the Lawe punish offenders or hunters for hunting in the same Parke if it do lye open: as Maister Hesket affirmeth in his rea­ding of the Lawes of the Forest fo. 3. Also there are no such offi­cers in a Parke, as there are in a Forest: for in a Parke there are no officers at all, but only a Kéeper or Kéepers, and the Maister of the game. And this you may sée how a Parke doth differ in na­ture from a Frée Chase, a Forest or a Waren: & what difference there is betweene any of them.

The wordes of the Statute are further videantur per bonos et legales homines, &c.

NOwe it is to be séene how the Forest shalbe vewed, and by whome the same shall be done: And for that the King shall cause a writ of ad quod damnum to be made,How the Fo­rest shall be viewed. The Shirife or Exchetor shall take an in­quest to in­quire what Woods the King hath a­Forested that were not the Kings owne demeane woodes. which shall be direc­ted to the Shirife, or to the Exchetor of the Shyre, or else a com­mission which shalbe directed to certaine persons which the King shall appoynt for that purpose: commaunding the same commissi­nors thereby that they shall take an inquest, and by their othes di­ligently to inquire if King Henry the Second graund father to King Edward the First, haue aforested or made a Forest of any Woodes of any other mans, then of his owne demeane Woods. Then the inquest vpon their othes, shall present what landes they were that so were afforested, (if any such were:) and what dama­ges the parties haue sustained by the making of such landes Forestes: & then the commissioners shal returne such presentmentes [Page 150] into the Chauncery: to the end that it may appeare by matter of recorde what lands were aforested by him:The King doth not take any thing but by matter of recorde, nor departe from any thing but by matter of Recorde. so that the same lands or Woods as they were aforested at the First by matter of record, they may likewise be disaforested againe by matter of recorde. There is a most excelent Priecident, concerning the Puralies of Windsor Forest, which were vewed & returned into the Chaun­cery, and afterwardes disaforested and so became Purl [...]ew: which I do omit here to set downe, because the same is so long that a Quier of Paper will scant containe it: but I haue placed the same in the end of this booke.

The words are further: Et si boscum aliquem alium quam suum dominicum afforestauit: ad damnum illius cuius boscus ille fuerit statim deaforestentur.

IT appeareth by the recitall of the Statute in these wordes: Et si boscum aliquem alium &c. that all such Woodes as were afforested by King Henry the Second, graund-father to King Edward the First: (which were not the Kings demesne Woods:) to the dammage or hinderance of them whose woodes they were: that then the same Woods so afforested,Lands vewed. should be viewed as a­fore saide: and after such vewe, and the certaintie thereof knowen: then they should be disaforested.Ad quod damnum. Nowe it is to be séene what is the meaning of these words, ad damnū illius euius boscus &c. And for that matter it is to be vnderstood, that if the King do affo­rest any of the Woods or landes of any of his Subiects, the same is both a great dammage and hinderance to him whose Woodes or lands the same is that so is afforested:The hinde­rance of him whose land is aforested and in what. for that the owner of the same is now thereby restrayned of his former libertie, and tied to the bondage of the assises of the Forest: so that he cannot hunt nor chase the wilde beastes that do Féede in his owne grounde, but suffer them to Féede in quiet, by reason that the same place is now within the Kings Forest, and so become a Preuiledge for them by the law: wheras before that the same place was made a Forest: if any wild beastes had then fedd vpon the same ground: the owner of the grounde might haue hunted and killed them to his own profit and commoditie: Also before that the same was made a Forest, the owner of such grounde might haue felled his [Page 151] Woodes at his owne pleasure, without any licence or vew of the Foresters, and so haue conuerted the same to his best profit. Also before the afforesting of the same, the owner thereof might haue conuerted his Pasture or Medowes into tillage, to his best com­moditie:He that doth dwell within the Forest may agist his owne Woods by the Statute of Car­ta de Foresta Arricul. 9 And also to haue taken the Agistment and Pawnage of his Woodes which they that had lands within the Forest could not do before the making of the Statute of Carta de Foresta Ar­ticulo 9. For that branche of the saide Statute doth giue that li­bertie to the inhabitance of the Forest which they had not before: that is to saie, that euery man may agiste his owne Woodes, and take the Pawnage of them to their owne vse: which before the making of the said Statute, the Foresters did claime to haue the same to the vse of the King only. All which things considered, you may sée that for any man to haue his Woods or lands afforested is a very great damage and hinderance vnto him:The bondage of the Forest. for the inhabi­tants in Forestes do suffer a very great bondage more then those do which do dwell without the boundes of the Forest.

The wordes are further, Statim deaforestentur.

SO that all the Woodes and landes which were afforested by King Henry the Second, which was graund-father to King Edward the first, after such vew & inquisition made, as is afore­said by the commissioners or vewers: and the same vewe or inqui­sition by them returned into the Chauncery:Lands disafo­rested. so that the king may be therof acertained of the trueth of the same by matter of record as is aforesaid: then after such a certificat thereof made by such of­ficers & inquestes & perambulations of the very boundes of those lands so afforested: the same is dissaforested & no Forest any more: and then those lands are euer after called Purlewes:Lands disafo­rested Purlews euer-after. because that the same was once Forest, and afterwardes disaforested: so that now the same is becom frée againe as it was at the first for euery man that is a Puelewman to hunte in his owne Purlew: and he is accompted a Purlew man that may dispend fortie shillings by the yeare of frée hold: and therefore the same doth take the name of Parlew, that is to saie, Purlui,Word Purlui. that is for him and no other per­son, but he that may dispend fortie shillings by the yeare at the least of free holde.

The King may disaforest any parte of the Forest by his letters Pa­tens.Also the King may dissaforest any landes that are aforested by his letters patents: as he did to the Abbot of Stratforde for Wale-Wood in Essex, within the Forest of Waltham: which although the same be nowe at this time Forest, yet the same was once no Forest. And here note that all such land as is so dis­saforested, after the dissaforesting of the same: then that land or Wood is Purlew:Walewood. (id est Purlui:) for the same is a Forest still, as vnto him that is no Purlew man: and the same is Frée (Pur­lui,) only for him that is a Purlew man:What is ment by Purlui, Pur­lieu, Puraler. there is Purlui, Purlieu and Puraler: Purlui, for him, that is to saie, only for him to hunt that may dispend fortie shillings by the yeare: Purlieu, that is to saie,The wilde beastes of the Purliew must haue Free re­turning to the Forest if they can escape. for the place, so that he must be a Purlew man in the place where he doth hunte, or else he is no Purlew man there: Puraler, that is to say, to goe and come: so that if a man be a sufficient Pur­lewman in the same place wher he doth hunt: yet he may not fore­stall or foreset the Deare, but he must hunt the wilde beastes so, that if they haue a mind of returning to the Forest again, they may as the worde is (Puraler,A case.) goe home to the Forest againe if they can escape and ouer runne the Grey-houndes being put on after the game.The grauntee of the King may haue a Forest with Foresters &c. And if the King which hath a Forest with all the incidentes, do graunt the same to another man: then the grauntée shall haue the same Forest with all the officers and incidentes be­lōging to the same, which connot be seuered, as kéepers, Foresters Agistors and Woodmen: as it appeareth by Maister Treherne in his reading of the Lawes of the Forest, fo. 4. But quere of Ver­derors and Regardors,A Iustice of the Forest must be made by the King vnder the great Seale of En­gland. for they are chosen by the Kings writ. But such a grauntée shall not haue Iustices in his Forest, saieth Master Treherne: for no man can haue a Iustice in his Forest but the King only: for such a Iustice must be made by the Kings com­mission, vnder the great Seale of England. Before the making of the Statute of Carta de Foresta, there was no Lawe certaine for offences committed in Forests: for at the beginning the same was at the pleasure and arbitrement of the King to punish the of­fenders in Forestes,The beginning of the Forest Lawes. vntill that King Canutus and others did make certaine Canons and Constitutions, for the maintenance of [Page 153] Vert and Venison, which afterwardes by continuance of time, such Constitutions were taken for a lawe, and such lawes were not certaine neither,The begin­ning of Forest Lawes. before the making of this Statute lawe of Carta de Foresta: But the Lawes of the Forest were alwayes differing from the Lawes of this Realme, as it dothe appeare in the booke of the Exchequere aforesaid, where it is written as followeth: Sane Forestarum Lex, ratio, Libro Rubro Scaccarii. pena quoque vel abso­lutio delinquentium. siue pecuniaria fuerit siue corporalis scor­sum ab alijs regni iudicijs secernuntur. Here you may note that offenders in Forests, before the Sta­tute of Carta de Foresta, wer punishable at the wil & pleasure of the King onely. Et solius regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati subiecitur, legibus quidem proprijs subsistit, quas non Iure communi sed voluntaria principum Institutione subnixas esse debent adeo vt quod per legem eius factum fuerit non Iustum absolute, sed Iu­stum secundum legem Forestae dicatur, quia in Forestis pene­tralia regum sunt & eorum maxime deliciae, ad has quidem ve­nandi causa curis quandoque depositis accedunt vt modica qui­ete recreentur illic Serijs simul & multis Curiae tumultibus o­missis in naturalis libertatis gratiam paulisper respirant, vnde sit vt delinquentes in ea soli regie subiaciant animaduersioni, which in English is this: Truely (saith the said Booke) the Lawes of the Forest: the reason, and punishment: the Pardon, or absolu­tion of the offenders, whether the same be pecuniarie or corporall, it shalbe differing from other Iudgements of the Lawes of the Realme,By this it ap­peareth that the Lord chief Iustice of the Forest, hath al­waies bin one of the noble men of this Realme. and shalbe subiect vnto the Iudgement of the King on­ly, to determine at his will and pleasure, or of some of dis No­bles thereunto especially appointed for that purpose, which fore­said Lawe, reason, punishment, and pardon shall not be tyed to the order of the Common Lawe of this Realme, but vnto the voluntarie appointment of the Prince, so that, the same which by his Lawe in that behalfe shalbe appointed or determined, shal not be accounted or called absolute Iustice or Lawe: but Iustice or Lawe according to the Lawes of the Forestes: Because that in the Forestes there are the secrete pleasures and Princely delights of the Kings: For Kings and Princes do resort to the Forest for their pleasure of hunting, hauing for that time layde asyde all [Page 154] cares, to the ende that they might there be refreshed with some quiet, being wearyed with the continuall busines of the Court, they might (as it were) breath a whyle for the refreshing of their free libertie.

And thereupon it commeth to passe, that such offenders in Forestes, for their offences are subiect vnto the onely Iudgement and determination of the King: And so before the making of the Statute of Carta de Foresta, and alwayes since vnto this daye the Lawe of the Forest did differ from the Common Lawes of the Realme: And by this Statute the Lawes of the Forest which were not certaine before, are nowe by the same made cer­taine in most things. And whereas this Statute was defectiue, the same hath beene since supplyed by other necessarie Statutes, as you may see here before.

And whereas the wordes before rehearsed are, Et solius Re­gis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati, It doeth appeare that the Office of the Lorde chiefe Iustice of the Forest is a place both of great honour and of high authoritie, and that the same place is to be executed by some great Peere of the Realme that is alwayes one of the Kinges most honorable priuie Counsell.The authoritie of the Lord Iustice in Eyre. And then when that any such noble person is made Lorde chiefe Iustice in Eyre of the Forest by the Kinges especiall Commission, hee hath by that as great authoritie as any other Iustice in Oyer hath and more: For then he may punish all trespasses of the Forestes, according to the Lawes of the Forest.A man may prescribe to haue waife & straye, but not felons goods. And he may heare and determine all the Clames of the liberties and franchises which be within the Forest: as to haue Parkes, Warrens, and Viuaries: And also of them which do Clame to be quite of assartes and Purprestures, & of them which do Clame Leetes, hundreds, felons goods, waifes and fugitiues, and other liberties within the Forest: and likewise of them which do Clame to keepe Hares and other beastes of the Chase within the Forest. For by lawfull and good Clames men may iustifie the doing of many things within the forest, which otherwise were vnlawfull. But those Clames must be such Clames as I haue [Page 155] shewed before that haue beene allowed before the Iustice in Eyre within the time of Prescription.

The diuersitie betweene the Iustice of the Forest and Iustices in Oyer at large, and other Iustices, is, that the Iustice of the Forest shall punish those that be indicted at the Swanimote and presented before them in their Sessions by fine and imprisonment at their discretion: and the partie indicted shall not trauerse it, because he is presented by more persons than by twelue: and that is a condemnation against him. But the Iustices in Oyer, and other Iustices of the peace, if they do determine such Tres­passes done in Forestes, (which by the Lawe they cannot do:) which is presented before them by waye of indictment: then the parties so indicted shall haue their trauerse allowed them, which they shall not haue of the Enditement taken in the Swanimote, and tryed before the Iustice of the Forest.

Those which be Iustices of the Forest, when they haue their Commission from the King,The warrant of the Lorde, Iustice in Eyre to warne the Sessions of the Forest. for the keeping and holding of the Iustice Seate there: they shall make their warrant and Precept to the Shirife of the Shire, within the which the same Forest is, where the Iustice Seate shal be holden, which saide Precept is in these wordes: Thomas Louell nobilis ordinis garterij Mi­les Iusticiarius Itinerans omnium Forestarum Domini Regis in Anglia tam citra Trent quam vltra, Vic' Essex salutem ex par­te dicti Domini Regis tibi precipio quod summoneas per bonos summonator' omnes Archiepiscopos, Episcopos, Abbates, De qualibet villa & villata quatuor homines & proposi­tus duodecem, probos & le­gales homines Pri­ores, Comites, Barones, Milites, & eorū liberi tenentes qui terr' aut tenementa habent infra metas Forestae domini Regis de Waltham in Com' Essex & de qualibet villa & villata infra eas­dē metas quatuor homines & propositus & de quolibet Burgo infra metas eiusdem forestae duodecem probos & legales homi­nes, & omnes alios qui coram Iusticiar' placita Forestae ten' venire solent & debent quod sint apud Waltham die Lunae prox' post festum Sancti Petri apostoli prox' futur' coram me praefato Iusticiario Itineranto vel meo in hac parte deputato au­dituri & factur' ea quae ad placit' Forestae ibidem pertenent. [Page 156] Et vlterius tibi precipio quod totam balliuam tuam, videlicet, tam in Burgis & alijs villis quam in Ferijs, The generall Sessions of the Forest proclai­med. Mercatis & alijs locis publicis publice proclamare facias, Quod omnes illi quicun­que qui per Cartas dicti Domini Regis & antecessoris seu pro­genitor' aut alio modo aliquas libertates Franchesias aut liberas Consuetud. Forestae infra dictum forestam habere clament, sint coram me praefat. Iusticiar. aut meo in hac parte deputato die & loco praedictis ostensuri quas libertates habere clament. Et omnes attachiati pro virid. & venatione infra forestam praedi­ctam post vltimam placit forestae tenent. ac eorum pleg. & ma­nucaptor habuerent diem per manucaptionem coram Iusticiar. Domini Regis, Itinerant proxim illic venient. quod adtunc sint ibi coram me praefat. Iusticiar ad stand. recto & ad faciendum ea quae secundum legem forestae facere debent, & quod tu ipse fis ibidem cum Balliuis tuis ad exequend▪ & cerciorand. me su­per his & alijs negotijs illis tangentibus & habeas ibi summo­nator. & hoc breue, Teste, &c.

Also, when that the Iustices of the Forest haue obtained their Commission at the handes of the King to holde their generall Sessions for the Forest. It is to be vnderstood, that when they doe make out their Write of generall Summons for to Summon and commaunde all manner of persons to ap­peare there where the same is to bee appoynted by the saide writ in such maner and forme as is before declared, they must by the order and course of the Lawe, of very necessitie giue vnto these officers and others that are to appeare there, a daie of resonable warning by the space of forty daies at the least, to hold their Ses­sions in, in the same manner as the Iustices in Eyer at large doe make:Fourtie dayes warning. and they shall hold Plées of quo warranto, as the other Iustices do: and that is the generall Summons that the Statute of Carta de Foresta doth speake of. And there is also another kind of generall Summons, which the Iustices of the Forest shall cause to be made by directing of their warrant to the chiefe War­den of the Forest, which warrant is in the forme as followeth.

Thomas Louell nobilis Ordinis Garterij miles Iusticiaries [Page 157] itinerans omnium Forestarum domini Regis in Anglia tam ci­tra Trent quam vltra: Iohanni de Vere comiti Oxon. The writ to the chife war­den. custod'Forestae domini Regis vel eius locum tenent' in eodem salutem ex parte dicti domini Regis vobis mando ac firmiter iniungen­tes quod venire facias corā me prefat' Iusticiar' apud Waltham die Lunae proximum post festum Sancti Petri Apostoli prox. futur. omnes Forestarios, Veridarios, Regardatores, Wood­wardos, ac alios ministros eiusdem Forestae qui nunc sunt et qui post vltimam placit' Forestae predict. tent' fuerunt et eorum quemlibet, cum omnibus rotulis scriptis minumentis et attachi­amentis Forestae tam de viride quam de venatione quae post vl­timam placitam, illa emersa, et non determinat. extiterunt: fa­cias Regardatores Forestae qui sunt et qui post vltimam placi­tam predict. tent' ibidem fuerunt cum omnibus regardis suis per idem tempus factis et irrotulatis: facias (que) insuper ad tunc et ibidem omnes agistatores eiusdem Forestae qui nunc sunt et qui post tempus predictum fuerunt et eorum quemlibet cum omni­bus attachiamentis suis et rotulis agistamentor, Rotula Regar­datorum. ad stand'inde recte et ad faciend'ea que eis et eorum quamlibet secundum le­gem Forestae iniungent. aut que facere debent, Rotulo Agi­statorum. facias etiam ve­nire omnes illos qui clament habere aliquas libertates aut fran­chesias infra Forestam predictam quod sint coram me aut loco meo tenēte ad predict' diem et locum ostensur' quomodo cla­mant habere libertates franchesias seu priuilegia et quo war­anto et quod vos sitis ad tunc & ibidem cum nominibus omniū predict' ministror' et hoc breue nobis remittente, teste &c.

It appeareth by this writ, that the authoritie of the Iustice of the Forest, doth differ from the authoritie of other Iustices in Eyer, for the Iustices of the Forest may make their deputie or Lieutenant to execute their office and place,The Iustice of the Forest may make a deputy by the Statute of 32. H. 8. ca. and so cannot other Iustices in Eyer do: but that is by reason of the Statute of 32. of King Henry the 8. for before the making of that Statute, it sée­meth that the Iustices of the Forest could not make a deputie or Lieutenant to execute their place or office: for as much as the same is a iudiciall place of authoritie.

And if the King which hath a Forest with all the incidentes vnto the same: & he doth graunt the same vnto any other person: the grauntée shall not haue the Iusticeship of the Forest by the same graunt: nor he shall not haue a Court of Swanimote in the proper nature of the same: for if such a grauntée do kéepe a Court of Swanimote for his Forest: he cannot do any thing in the same but take presentmētes against offenders, as they do commonly vse to do in the Court of Attachementes: & the reason is, because that the grauntée by such a graunt, cannot haue Verderors nor Re­gardors, for they are chosen by the Kings writ: and there can be no procedings against offenders in Forests in the Court of Swanimote,Treherne in his reading of the Lawes of the Forest fo. 7 Master Hesket in his reading of the Lawes of the Forest fo. 7. without the Verderors and Regardors: And again it shalbe in vaine to haue a Court of Swanimote and such officers in a Forest as is aforesaide: if he may not by the Lawe haue a Ius­tice of the same Forest, that may cause Iustice to be executed of such presentments against such offenders: but yet such a grauntée as is aforesaide, by the same graunt may haue Foresters, Agis­ters and Woodwardes, for the safe kéeping of his Vert and Ve­nison: as it doth appeare by Maister Hesket in his learned rea­ding of the Lawes of the Forest,A Forest in the handes of the King: but a Chase in the handes of an­other man. fo. 7.

But if such a grauntée chaunce to haue any trespasse done in his Forest by offenders in the same, he may very well haue his reme­die against them by an Action at the common Lawe: and so the comon Lawe hath not lefte such a grauntee vnprouided of his remedie against such offenders: and because that such a grauntée doth wante some parte of the authoritie of a Forest by such a graunt as is aforesaide:A Forest in the handes of the King, may be a Forest in the handes of another by the Kings especiall graunt Note the difference. therefore the same Forest is not properly a Forest in deede, but rather a chase being in the handes of such a grauntee: and yet the same was a Forest in the handes of the King: But if the King by his letters patents, do graunt a Forest to any of his Subiects, and by the same his letters patents he doth giue and graunt vnto the grauntee full power and authori­tie to make a Iustice of his Forest, and to haue all the officers of a Forest, as is aforesaide: as Verderors, Regardors, &c. (which is Iura regalia in that defalse:) then such a grauntee may [Page 159] well haue the whole authoritie of a Forest in his owne proper nature: and then the same Forest doth continue a Forest still in the handes of such a grauntee, by reason of such a graunt onely. Note the difference.

Whereas the wordes of the Statute of Carta de Foresta Ar­ticulo Secundo are homines vero qui manent extra Fo­restam non ven [...]ant de cetero coram Iusticiarijs nostris de Foresta per cōmunes Summonitiones: nisi sint impla­citati vel plegij alicuius vel aliquorum qui Attachiati sunt propter Forestam.

NOwe it is to bee seene what persons are compellable by this Statute to appeare before the Iustices of the Forest by this generall Sumons mentioned in the braunche of the same Statute. And it is to be vnderstood, that before the making of this Statute of Carta de Foresta: the Lawe of the Forest was, that all men within the Countie, aswell those that did dwell out of the Forest, as also all those that did dwell within the Forest, were bounde to appeare before the Iustices of the Forest, by this gene­rall Sumons, when they did hold their Eyer or Sessions of the Forest in that Countie: and all Earles, Barrons, Knightes, Frée­holders and others, were bound to appeare before the Iustices of the Forest, by this generall Sunio [...]s, at their generall Sessions before the making of this Statute as it doth appeare in assisa Fo­restae facta tempore Henrici Secundi Caput 19. (in hec verba) Comites, Barrones, Assisa Forestae H. 2 cap. 19. Milites et liberi tenentes et omnes homines de comitatu veniant ad Sumonicionem nostri forestarij sicut se voluerint defendi ne incidant in manū Regis ad placitand'pla­citā de Forestis suis vel ad alia negotia faciend'in com̄. And also the same is affirmed & proued by the words of the Statute, vz, de cetero which is, that from hencefoorth no man that doth dwell within the Forest shalbe compelled to come before the Iustices of the Forest by this generall Sumons of the Forest: by which worde from hencefoorth it is plainly noted and shewed vnto vs [Page 160] that before the making of this Statute, all persons that did dwell without the Forest, within the same Countie, were then bound to appeare before the Iustices of the Forest, by the general Sum­mons, which was a very great vexation and trouble to all persons which did dwell without the boundes of the Forest, to giue their attendance there during all the time of the Sessions.The reason of the making of this Lawe. And it doth séeme that one principall cause of the making of this Law was: that for as much as K. Henry the Second, graund father to King Edward the First, had afforested the Lands and Woodes of di­uers persons which were not the Kings owne demeasne Woods: (as it doth appeare by the first Article of this Statute: and all those are there appoynted to be dissaforested againe, and so to be put cleane out of the Forest:) Nowe this Seconde branche or Article, is as it were an especiall prouision thiefly for them that then were dwellers in those places which some times were with­in the Forest, and yet by this Statute put out of the Forest, that they being out of the boundes of the Forest, should not be compel­led to come before the Iustices of the Forest at their generall Ses­sions by this generall Summons as they were wont to do, vn­lesse that they be Pledges for same other person that is an offen­der: or that they be there impleaded for any plee of the Forest: or that they be attached by any Minister of the Forest to appeare be­fore the Iustices for the same offence of the Forest. And it is to be vnderstood that this branch of the Statute is deuided into two partes (that is to saye,) concerning those that do dwell without the Forest, and those that do dwell within the Forest: for in some cases those that do dwell out of the Forest ought to appeare before the Iustices of the Forest by reason of the generall Summons, notwithstanding the wordes of the Statute aforesaid.

And againe in some cases, they that do dwell within the Fo­rest shall not be compelled to appeare before the Iustices of the Forest by the generall Summons, notwithstanding the words of the Statute aforesaid: And in some cases they shall appeare by other Proces than by generall or common Summons. And as concerning the first deuision which is of those that do dwell out of [Page 161] the Forest, and yet they are compellable to come before the Iustice of the Forest, by this generall or comon Sommons: notwith­standind the words of the Statut aforesaid. It is to be vnderstood that if any person which do dwell out of the Forest, haue any li­bertie or franchises within the forest, for the which he is to put in a Claime before the Iustices of the Forest: then such a Forrener or dweller out of the Forest, must of necessitie appeare before the Iustices of the Forest, must of necessitie appeare before the Iustices of the Forest, by this generall or comon Sommons & there to preferre his Claime for the same liberty or priuiledge at the first daie of the Sessions of the Forest: (notwithstanding the wordes of the saide Statute:) or otherwise his Claime shalbe seysed into the handes of the King: for non Clamer of the same.Non clamer, is cause of seisure And in like manner it is if one that doth dwell out of the Forest haue a profit aprender out of any land within the forest, or any of­fice within the Forest, or any other Priuiledge or liberty: then he must of necessitie appeare before the Iustices of the Forest, at the first daie of the Sessions, & there put in his Claime for the same: and so he is bound to take notice of this comon or generall Som­mons, and thereby to appeare, although that he doth dwell out of the Forest: (not withstanding the wordes of the Statute afore­saide:) or else the same office, priuiledge or libertie, shall be seysed into the handes of the King for non Clamer of the same. So it is if a man haue two houses, the one of them within the Forest, and the other of them is out of the Forest, and the owner of them is resiant and dwelling some times at the one, and some times at the other: so that he is peraduenture resiant and dwelling out of the Forest at the time of the Sommons of the Sessions of the Forest: yet notwithstanding such an owner ought to appeare before the Iustices of the Forest by this common Sommons:Master Heskēt in his reading, fo 7. (notwithstan­ding the words of the Statut aforesaid:) as it appereth by Master Hesket in his learned reading of the Lawes of the Forest.

And now, as to the Second deuision of the saide Statute, con­cerning those that doe dwell within the Forest: and yet they shall not be compelled to appeare before the Iustices of the Forest vp­on the comon Sommos aforesaid: It is to be vnderstood, that all [Page 162] manner of persons dwelling within the Forest, and being vnder the age of 12. yeares: although that they be inheritors of landes within the Forest: yet they are not compelled to appeare before the Lorde chiefe Iustice in Eyer of the Forest, at the generall Sessi­ons: by reason of this comon Summons aforesaide.

And in like manner, all manner of persons that are dwelling within the Forest, being either Lame, Sickly or else blinde: they are not to be forced to appeare before the Lorde chiefe Iustice in Eyer of the Forest, by this comon Sommons aforesaide.

Vide the Sta­tute of Marle­bridge. An. 52. H. 3. ca 24.And all manner of persons that are of the age of 70. yeares and vpwardes: they are not to be forced to appeare before the Lorde chiefe Iustice in Eyer of the Forest by this generall Sommons, although that they do dwel within the Forest: (notwithstanding the wordes of the Statute aforesaide:) for they are prouided for by the Statute of West. the Second Cap. 38.

Vide the Sta­tute of 13. E. 1 ca. 37,If any man that is dwelling within the Forest: and the same person is imployed in the seruice of the King in some other place, so that he could not by reason thereof appeare before the Lorde chiefe Iustice in Eyer of the Forest, he may haue his writ called Warrantia diei for to excuse his apparance before the Iustice of the Forest.

If any Archebishop or Bishop haue lands within the Forest: the said Archebishop or Bishop him selfe in his owne proper per­sone, shal not be forced to appeare before the Lord Iustice in Eyer by reason of the general or comon Sommons:Heskēt. fo. 8 and yet note the wordes of generall Sommons are these: Precipio quod Sūmo­neas per bonos Sūmonator' omnes Archiepiscopos, Episcopos, Abbates, Priores, Comites, Barones, Milites, et eorum liberi te­nentes qui terram aut tenementa habent infra metas Forestae do­mine Regis &c. But all spirituall persons are exempted to be com­pelled to be put in Iuries by the Statut of Marlebridge ca. 24. But yet their Frée tennants shal apeare by reason of this general Sommons,An. 52. H. 3 ca. 24 if they do dwell within the Forest, or else they shalbe amerrid,

Also all Earles and Barrons which haue landes within the [Page 163] forest, and they do dwell out of the Forest: they themselues shal not be compelled to be before the Lord Iustice in Eyer of the Fo­rest, by this generall Summons:Treherne in his reading, page. 8. but it shall suffice if their Frée tenentes do appeare there, although the wordes of the writ be to Sommon the Earles themselues, et eorum liberi tenentes: as it doth appeare by Master Hesket in his reading fo. 8. but Knights and [...]l [...]ther Free tenantes which do dwell within the Forest they shalbe forced to appeare before the Lorde Iustice in Eyer of the Forest, by this comon Sommons:Master Hesket in his reading, fo. 8. or they shal be put in inquests there: so shal not Earles, Barons, nor other Lords of high estate, for they shall not bee compelled to bee sworne vpon enqu [...]stes them selues for any maner of triall there: And the l [...]ke Law is for w [...]men that are francke tenantes within the Forest, for they them selues shall not be compelled to be put vpon any enquestes.

Furthermore the Seruantes of any man dwelling within the Forest, shall not be compelled to appeare before the Iustices of the Forest by this general Sommons mentioned in this Statut: for it shalbe sufficient for the Master of such a Seruaunt him selfe to appeare and not his Seruaunt: quia illi sunt sub manu pastu alterius coram Iusticiarijs nostris de Foresta.

But all Archebishopes, Bishoppes, Abbotes, [...]riors, Earles and Barons, and all other of what estate or degrée soeuer they be, which doe claime any liberties, freedomes, preuilidges or other Free customes within the Forest: they must appeare before the Iustice of the Forest by this generall Sommons, to make their Claimes for the same, or otherwise the same liberties, freedomes and customes shalbe sey [...]ed into the handes of the King for non Clamer of the same: but they need not to appeare in properperson but by their Attorney.

All R [...]ghtes and those that be Free-holers which do dwell within the bounds of the Forest:Vide ante, fo. 76 assisa Lan­cast. and also all those that be franck [...] ­tenantes of any landes within the Forest: and although they be Spirituall persons and do dwell out of the Forest: yet they shal be compelled to appeare before the Iustice of the Forest at the gene­rall Sessions of the Forest, by [...]h [...]s generall Sommons, notwith­standing [Page 164] the wordes of the Statute are, qui manent extra Fo­restam: for although that they do dwell out of the Forest, yet be­cause that they haue landes within the Forest, the lawe doth a­compt them resiant where their lande is in that respect: for other­wise the Sessions could not be holden,What persons shal appeare in proper person, and what per­sons by Attur­ney. nor Iustice done in the try­all of liberties and other things there concerning the Forest. And it is to be vnderstood, that all maner of persons that do dwell either within the Forest or out of the forest, if they are to appeare at the Iustice Seate or generall Sessions by any such Sommons in respect of their Landes that they haue within the Forest to serue there vpon inquestes: then those persons are to appeare in proper person onely, and not otherwise.

And all manner of persons which do appeare before the Iustice of the Forest, to make any Claime there for any manner of liber­ties or priuilidges: those persons may appeare there either in pro­per persone,Those that do make any clame may ap­peare by At­turney. or by their Atturny, whether they will at their electi­on. I do finde by the assises and Iters of the Forestes of Lan­caster and Pickering: that men that are impleaded for trespasses which are done in the Forestes, may make their apparance in foure sortes, which are as followeth.

Somtimes

  • In proper person.
  • By Attorney.
  • By Garden.
  • By Prochein amy.

IT séemeth by Maister Hesket in his reading of the Lawes of the Forest: that vpon any Bill, presentment or Indict­ment for trespasses done in the Forest, the defendant may appeare by an Attorney, or in proper person at his election to aunswer the same trespasse. But I do thinke that he doth meane by that appa­rance by an Attorney, to be at the Court of Attachementes, or at the Swanimote Courte, and not at the Iustice Seate before the Lorde chiefe Iustice in Eyre. For as I do take it, euery offender that is bounde to appeare there to aunswer any trespasse of the [Page 165] Forest, he must appeare in proper person, and not by any Attor­ney: For although the same be but a trespasse, yet in this trespasse the King is a partie:20. E. 3. and it is holden for Lawe in 20. E. 3. fo. that in trespasse where the King is a partie: the defendand must ap­peare in proper person, and not by Attorney: and so a difference is there taken. And also all offenders that are bounde to appeare at the Iustice Seate, which haue been presented at the Swanimote Courte before as they ought to be, they do stand conuicted in Lawe: so that they are then past aunswering of their offence in that place. But if any trespasser in the Forest after the Courte of Swanimote was holden, and before the Iustice Seat be kept, haue done a trespasse in the Forest in Vert or Venison:In proper per­son. and the same being presented at the Iustice Seat before the Lord Iustice in Eyre of the Forest: & the same offēder hearing of it, doth repaire to the same Iustice Seate, and there doth appeare in proper per­son gratis: he may then trauerse the same presentment if he will: For as yet this shall not be saide to be presentatumper Foresta­rios et conuictum per viridarios, By an Attur­ney. vnlesse the same were done at a Swammot, according to the ordinance of the Forest, made in Anno 34. E. primi. But in this case the defendant may appeare by an Attorney if he wil: & so by his Attorney he may be allowed his trauerse to the presentment against him.

If an Infant be impleaded for any trespasse of the forest, before the Lord Iustice in Eyre of the Forest: the same Infant may ap­peare in proper person at the same Iustice Seate,Per Garden. & there declare vnto the court that he is an infant within age: and pray the said Lord Iustice in Eyre that I. P. may be allowed his Garden to plead for him in this case: which the courte wil allow him so to do, or else in this case, if the infant do not appeare himselfe in proper person, but doth send the said I. P. which declareth vnto the court that William Blunt which is here impleded is an Infant within age: and prayeth that he may bee receiued as his Garden to plead for him: Then the Court will admit him therevnto.

And in like manner it is where an Infant hauing chosen his Garden,Per procheine amy. which Garden is sicke or otherwise will not or cannot [Page 166] appeare at the Iustice Seate before the Lorde Iustice in Eyer of the Forest, to answer for such an Infant that is there impleaded before the Lord Iustice in Eyer of the Forest: Then if the saide Infant doe appeare before the Lorde Iustice at the saide Court, and there prayeth that Iohn Astile may be receiued for him as his Prochenāmy to plead for him, the Courte will receiue him therevnto.

But it séemeth that al those that are mainprised or bailed vntil the general Sessions of the Forest: they must of necessitie appeare in proper person before the Lorde Iustice in Eyre of the Forest, And not by Attorny, nor by Garden, nor by Prochen amy, by rea­son of the said generall Sommons.

If a man attached for a trespasse of the Forest, do finde pledges to appeare at the nexe generall Sessions or Eyer of the Forest: there aswell the Pledges as the defendant ought to appear [...]: quia principales debitores et plegij sunt equales ad debitum regis, s [...]d aliter est de alijs debitoribus: M. Hesket. f. 11 and if the Pledges to such a tres­passe do appeare by comon Sommons, but not the defendant him selfe: then the Pledges shall be imprisoned for that default of the defendant, vntill that they haue made fine for that default of the defendant:The differēce betweene a fine and a merce­ment, But otherwise it is, if the defendant himselfe do ap­peare and be re [...]dy in the Court before the Lord Iustice in Eyer, to receaiue his iudgement & to pare his fine. But if such Pledges doe make default, in that case the Pledges shalbe amerced, but not fined. But if the Pledges, that be Pledges for him, be bound in a certaine summe of Mony for the apparance of the defendant: then if the defendant do not appeare him selfe at the generall Eyre of the Forest by the comon Sommons, although that his Pledges do appeare there, & do also aledge some reasonable excuse for him: yet notwithstanding those Pledges haue forfected the summe that they were so bound in, by reason of his default.

But the King in that case shal not haue execution against them of that summe presently, but onely a Scire facias against those Pledges to aunswer the King: S [...]rien point dire, whie the King should not haue execution of the saide summe against them: and [Page 167] then if they haue any matter to plead to saue the default of the de­fendant: they may plead the same or any other matter that they will in Barre of it, although that the dafault doe appeare by mat­ter of Recorde: for in euery case vpon a Scire facias, the defendant may plead any speciall matter in avoydance of the same,Baile & main­prise. as hee might doe vpon any other originall proces. And note that there is a great diuersitie betweene Bayle and Mainprise: for he that is maynprised is alwaies saide to be at large, & to go at his owne li­bertie out of warde, after that he is let to maynprise, vntil the daie of his appearance, by reason of the saide common Sommons or otherwise. But otherwise it is where a man is let to bayle to foure or two men by the Lord Iustice in Eyre of the Forest, vntil a certaine daye, for there he is alwayes accompted by the Lawe to be in their warde and custodie for the time: & they may if they will kéepe him in warde or in prison all that time, or otherwise at their will: So that he that is so bayled, shall not be saide by the Law to be at large or at his owne libertie. And this manner of Bayle is, when any man is attainted of a trespasse in the Forest, and is ta­ken in execution of the same: then the Lord Iustice in Eyre of the Forest, may let him to bayle as is aforesaide: and the forme of the entrée of that bayle is I.S. tradietur in balliuum: et S. corpus pro corpore vs (que) ad &c. and in this case maynprise doth not lye: But he that is either bayled or maynprised, he must be in proper per­son: and the Lorde Iustice in Eyre of the Forest himselfe is onely to let an offender in the Forest attaynted to bayle as is aforesaide, & not the Shirife nor Gayler nor any other officer of the Forest, but the chiefe Warden of the Forest may let a trespasser o [...] the Forest to maynprise by the words of the Statute of An [...]o 1. E 3 Cap. 8. But he cannot deliuer a man attainted of a trespasse in the Forest to bay [...]e, as is aforesaide. Note the difference:1. E. 3. ca. 8. Et nota q [...]e cest parol mainprise est intend, quasi manu captus et liberatus ad largum vsq. ad diem, et cest parol baile est intend, quasi traditus in ball [...]nū ad saluū custodi [...]nd'semper in eorum custodia qui­bus tradietur vsq, ad diem. Quod nota. Hesket. fo. 11.

The wordes of the Statute are further: Archiepiscopi, Epis­copi, Abbates, Priores Comites, Barones, Milites et liberi tenentes qui habent boscos suos in Forestis, ha­bent boscos suos sicut eos habuerunt tēpore prime co­ronationis regis Henrici aui nostri, ita, quod quieti sunt imperpetuum de omnibus Purpresturis vastis et as­sartis factis in illis boscis post illud tempore vs (que) &c.

THe scope of this Article is in effect but assurance of the com­mon Lawe in this poynt, that all men that haue Woodes within the Forest, shall from hencefoorth haue those Woodes as they were woont to haue and vse them. And then afterwardes it goeth further and extendeth to a generall pardon for all manner of Purprestures, Wastes and assertes, that were before that time made or done in their Woodes within the Forest vntill the be­ginning of the Second yeare of the Raigne of King Henry the Thirde, which did make this Charter of the Forest with this clause: That all those that from henceforth shall make any waste, purpresture or assertes in any Woodes within the Forest, with­out the Kings especiall licence so to do: that then they shal answer the King for those wastes,Assisa Forstae Articulo 4. purprestures and assertes: By which you may note that by this braunch of this Statute, Purpresturs, wastes and assertes in Forestes are forbidden, for they are pu­nishable and finable: so that therfore you may note by this Sta­tute, that if the King shall afforest any Woodes or landes of any of his Subiects, for the safe kéeping of his wilde beastes of Venery for his onely pleasure and disporte: that then after the same is so afforested, it is not lawfull for any person to cut downe or destroy their owne Woods within the Forest, without the licence of the King: For if it were lawful for men that haue woods within the boundes of the Forest to destroy and cut downe their Woodes at their pleasure: then by that meanes they might in very short time make the Forest no Forest at all, for if they might be suffered to cut downe their Woodes in the Forest, and to de­stroy [Page 171] them. Then by that meanes they should driue all the Deare out of the boundes of the Forest to seeke for Woods and Couerts for to succour them in out of the Forest where euery man woulde kill them at their pleasure: which were against all reason, that he that hath the charge of all the Realme and the publike weale ther­of for our defence, should not haue that prerogatiue to reserue vn­to him selfe such things as are meete for the pleasure of a Prince in such places as they may be found for his consolation and com­fort, but all manner of wilde beasts, of what kinde soeuer they be, if they be found at large out of defensiue places, as out of Forests, Chases, Warrens, Parkes, and Purliewes, then Capienti con­ceditur, that is, they shalbe said to be theirs that can take them: But so long as they are in such defensiue places they are the kings or the owners of the ground, as it hath béene shewed before, fo. 61.Ante fo. 61.

Now because the words of the Statute are: Et qui de cetero vastum Purprestu ram vel assartum sine, &c.

IT is necessarie to see what thing Purpresture is, & what thing Assart is, and also what is Wast.Purpresture. And therefore it is to be vn­derstood that purpresture is most properly where any man doth vsurpe or wrongfully medleth with any thing that he hath no right,3, Branches of Purpresture. title or warrant by the Lawe to haue or to meddle with the same: and there are thrée braunches of them: (that is to saie) Pur­presture against the King and a common person.

Purpresture against the King and the common weale.

And Purpresture against the King only and no other common person.

1 Purpresture against the King & a common person is, where any person hath a certaine close in the Kings Foreste, lying vp­on the wast soyle of any Lord of a Manner: and he that is owner of the same close, doth incroch vpon the wast soyle of the same Lord: and so thereby inlargeth his owne ground, and taketh in the wast soyle of the same Lord which he hath no right nor title so to doe: [Page 170] this is Purpresture against the King to new inclose ground that was not inclosed before: & so thereby the Kings wild beasts are re­strayned of their Frée passage more then they were woont to be: and this is also Purpresture against the Lorde of the Manner: for as much as the saide owner of the close hath wrongfully taken in and inclosed the wast sayle of the said Lord of the manner.

2 Purpresture against the King and the common weale is, where any man doth build a house or a wall, or a hedge, or a ditch, in any common high way [...], or lane, or passage within the Kings Forest: so that by reason therof the Kings subiects nor his Deere can haue their quiet & Frée passage as they haue had in times past: this is Purpresture against the King, and also against the Common weale: for as much as the same is an anoyance to all the Subiects of the Kings.

3 Purpresture against the King onely is, where any person within the Forest of the King doth build a dwelling house or any other house where there hath not beene any house before that time, although the same be in his owne ground, if it be done without the licence of the King, or the Lord Iustice in Eyre of the Forest: this is a Purpresture done against the King, for that the same is a new incroching of a thing that was not before: and euery such newe erecting of any house in the Forest is Purpresture: for the same is ad terrorem ferarum, and ad nocumentum ferarum.

And so you may sée that where any man doth incroch any thing vnto himselfe being within the Forest, either vpon the King or vpon any other person without any good or lawfull warrant for the same, then the same is called Purpresture: and if any man with out good warrant or title do take vpon him any iurisdiction or frā ­chise within the Forest: that is a Purpresture of the Forest. Also if any man do holde any Faire or Market without the graunt of the King or lawfull prescription: the same is Purpresture. And the very like is, if any man do take in or inclose any of the wast soyle of the King within the Forest: or doe builde any Swynecoat or houell vpon the wast soyle of the King or any other man, or vpon his owne grounde where there hath not béene any before that [Page 171] time, the same is Purpresture: Inuenies in libro rubro Scaccarij titulo Accidētibus quod Purprestura fit interdum per negligen­tiam vicecomitis vel ministrorum regis, Vnde dicitur Purprestura. vel per continuationem in longa tempora vel bellicam tempestatem, vt qui habitant pro­pe fundum coronae vel adiaciantur, aliquam eorundem portionē sibi vsurpant et suis portionibus ascribant cum autem perlustrā ­tes Iudices per sacramētum legittimor' viror' compartum fuerit, apreciantur et vic. traduntur vnde seorsum respondeat et hanc dicimus Purpresturam vel occupationem, iniustam.

And it appeareth by Glanuil in his booke de legibus Angliae in titulo de Purpresturis: that Purpresture is properly when any thing is taken or done by wrong vpon the Kinges high waye: as in stopping or turning of the common Water course from their right course. Or when any person doth set vp a House in the kings Cytie vpon the Kings ground. And so generally, when any thing is by wrong incroched vpon the King or his tenauntes, the same is Purpresture: and all such Plees saith Glanuil doe belong to the Kings Crowne. The payne thereof is, that the offender shalbe gréeuously amerced, and the Purpresture shalbe destroyed or else arented at the will and pleasure of the King. But if the King will haue the same to remaine still: then the valew thereof shalbe inqui­red by an inquest: and so the King shall bee answered of the valew thereof. But it appeareth further by the said booke: that if any such offender be dead, his heire shall not be charged of the amerce­ment. And this much concerning Purpresture.

Now it is to be seene what is ment by this worde Assartes: And what by this worde Waste.

ANd for that it appeareth by the said redd booke in the Exche­quer: quod assarta vero occasiones nominantur quando sci­licet Forestae nemora vel dumeta pascuis et latibulis oportuna succiduntur, quibus succisis et radicibus a vultis terra subuertitur et excolitur: So that it appeareth by these wordes, that if any Woodes or Vnderwoodes, or other couertes of the Forest: as Heath, Broome or Fearne and such like be cut downe & plucked [Page 170] vp by the rootes: so that the busshy landes or Woodes or couertes, be thereby made plaine and become erable land or pasture:M. Hesket. fo. 20. Then that is called assartes or land assarted: although that the owner of the same receiue no profit by it. And it is said for Lawe by Master Hesket in his learned reading of the Lawes of the Forest: that if a man haue Medowe or Pasture lying within the great Couertes of the Forest, where the wilde beastes haue their continuall haunte & rest: if he do conuert the same to tillage, then the same is assartes also, and shalbe called land asserted.

But if the same Medow or pasture dolye within the Forest of the King, and yet out of the great couertes of the Forest, and the owner of the same doth plowe it and conuert the same Meddow or pasture into tillage:A Wast of the Forest. Now this is not assartes or land assarted: but this is lande wasted, and shall be called a wast of the Forest. But a waste of the Forest is most properly where any man doth cutt downe his owne woodes within the Forest, without licence of the King, or of the Lord chiefe Iustice in Eyer of the Forest. And if, afterdwardes the same owner of the ground hauing so wasted the same as is aforesaide, do digg and plucke vp the rootes of the same Wood & Trees out of the ground, and so make the same Couerte a plaine: then that is assartes, and shalbe called land assarted. And so you may sée that a man may make both assartes and wast vpon one and the selfe same peece of ground. And note that the punish­ment of such offenders for assarting and wasting of their landes within the Forest, is, that they that are conuicted of those offences shall paye to the King gréeuous amercement for the same.

Some men doe holde an opinion that the difference betwéene Purpresture and assartes is, that Purpresture is made vpon the Kings ground onely: and assartes vpon the lande of another man. But that is not so: for a man may commyt Purpresture & assartes also, aswel in the landes and Woodes of the King, as in the lands and Woodes of other men.Carta de Fo­resta, Artic. 4 And Econtraria, Purpresture and assartes may be made aswell in the landes and Woodes of other men, as in the landes and Woodes of the King. And that is pro­ued by the words of Carta de Foresta Articulo 4. where the king [Page 175] doth graunt that all the Subiects of the Realme shall haue their Woodes within the Forest, as they had them before the making of the same Charter.

And also doth there graunt further vnto them a pardon for all Purprestures, wastes and assartes, made and done before the ma­king of the saide Charter in their owne Woode: For the wordes are there habeant boscos suos, that is, they shall haue their owne Woodes. And afterwardes the wordes of the pardon are, quod quieti sint imperpetuum de omnibus purpresturis vastis et as­sartis factis in illis boscis. Then Ergo both Purpresture & assartes also may be made in the Woodes and landes of other men, aswell as in the lands of the King: which is contrary to the opinion of Master Treherne in his reading, And also of Maister Archer in his reading of the Lawes of the Forest,Assisa & Con­suetudines Fo­restae, Vide this Statute ante, Pa. 23- in Latin, and in English, Pag. 36. which I do greatly mar­uell at. For it doth also most plainly appeare by the assises and customes of the Forest, made in Anno 6. E. 1. Articulo 4. in these wordes: Si quis inuentus fuerit in dominico domini regis asser­tando, vel purpresturam faciend'corpus debet reteneri, si antem extra dominicum infra rewardum debet poni per 6. pledg. &c. By which wordes of the Statute it doth appeare, First, that assartes and purpresture also may be made and done in the de­measne landes and woods of the King: and therefore the Statute hath an especiall manner of proceding and punishment appoyn­ted for the same onely, differing from assartes and purprestures that are done in the landes and Woodes of other men. And Se­condly, that assartes and purprestures may be made and done in the landes and woods of other men also: and therefore the same branch hath there set down a maner of proceding and punishment differing from the proceding & punishing of those that haue made assartes and purpresture in the demesne woodes and landes of the King. Then Ergo it is not the land of the king that doth make the difference betwéene assartes and purprestures, seing that both assartes and purpresture are aswell in the landes of other men, as in the landes of the King: and so to conclude in both.

But surely the trewe difference betwéene purpresture and [Page 174] assartes in déede is this, that purpresture is a wrongfull incro­ching of a new thing vpon the King only, or vpon the King and a common person that was not before.The difference betweene pur­presture and assartes. And assartes is the conuer­ting of any couert in the forest into earable land: as if a man do de­stroy his woodes and digg them vp by the rootes, and so conuert the same into tillage, this is assartes as hath already beene shew­ed before.

The wordes of Carta de Foresta Articulo, 4 are further: Et de vastis, purpresturis et assartis nobis respondeant.

NOw it is to be séene how the King shall be answered of such wastes, assertes and purprestures, and by whome. And there­fore first of al, it is to be vnderstood, that the king must be answered of such offences in this manner, that is to saie, when a man is in­dicted or presented in the Swanimote Coure of any such wastes, purprestures or assartes: and that the same is presentatum per Forestarios et duodecem iuratores et conuictum per viridarios, and afterwardes when such indictmentes or presentmentes be certified before the Iustices of the Forest: then they shall make out proces against such as be indicted, as is aforesaide. And when they doe come before the saide Iustices of the Forest, by reason of such proces: then they shall make their fine for the same offences that they doe stand so indicted of and attainted, at the discretion of the Iustices of the Forest, without any answer or trauers to such indictmentes, because the same is a conuiction against them by the Law in that befalfe, and is done by more then twelue men. And when that the Iustice of the Forest hath assessid their fines for such offences: then the same shal be estraighted into the Exchequer, and therevpon the Barons of the Exchequer shall make our pro­ces against them, directed to the Shirife of the same Countie where they do dwell:Libro Rubro Scaccarij. and then the same Shirife shall aunswer the same fine vpon his acompt, as it doth appeare in libro rubro Scac­catij, and in this manner they shall aunswer vnto the King for such wastes, purprestures & assartes which are finable. But some times [Page 175] it is otherwise of purpresture, for that the same may be tollorated to stand still at the discretion of the Lorde Iustice in Eyer,Vide ante Pa. 49. the case of my Lord Dier. and so to be arrented, and to paie yearely a certaine rent to the Quéenes Maiestie for the same. And such a renting of such purpresture must also be certified into the Exchequer: and the Queenes Ma­iestie must be aunswered thereof vpon euery Shirifes acompt.

‘The words of the same Charter in the third Article are these:Article 3. Omnes autem Bosci qui fuerunt afforestati per Regem Richardum a [...]unculum nostrum vs (que) iud primam coro­nationem nostram, statim de afforestentur nist sic domi­incus boscus noster.’

THis Article is to that effect that the first Article in the saide Charter is. For as King Henry the Second, which was graund-father to King Edwarde the first, had a forested a greate parte of the landes of his Subiects, which did cause a great harte­burning, to growe against him: For the remedying of which mis­chiefe, the said first Article hath prouided, that al such landes that hee had so afforested, which were not the Kings owne demesne lands, to the hurte of his Subiectes, that they should be vewed by good and lawfull men: and all such landes so afforested, which were not the Kinges owne demesne landes, should be foorth with dissaforested againe. So likewise King Richard and King Iohn had in their time afforested the landes of their Subiectes in many places in this land, to the great discontent of the whole Realme: for the pa [...]f [...]ing whereof, this third Article or braunch hath like­wise prouided this remedie: that they foorth with should be dis­afforested againe, as those should that King Henry the Second had afforested.

How landes are afforested and made to be a Forest: and howe they are dissaforested and made no Forest againe. What hurt the afforesting of the same land is to the owner thereof: and how the same shalbe v [...]wed before the same shal be so dissaforested: and by whome, it hath beene shewed already before.

And [...]owe as concerning this worde Dominicus Boscus: that [Page 174] is, those woodes which were the kings auncient demesne woodes or landes: although that the King by the Lawe might afforest the Lands of his Subiects in any place where he would within this Realme: yet any King or Prince hath seldome or neuer afforested the landes of any of their Subiects in any place in this Realme, but where as the same King or Prince also hath had landes or Woods of their owne. And then when that such a King or Prince did so afforest their owne landes for the enlarging of their pleasure and delight in hunting: they did afforest the landes of their Sub­iectes next adioyning to the Kings lands or woods so afforested: all which landes that were so afforested by King Henry the Se­cond, King Richard his vncle, or King Iohn his father: they are here by these two braunches, the 1. and the 3. to be dissaforested againe. But such landes or woodes which were the Kings owne demeasne woodes or landes, they are here by 2, braunches reser­ued to remaine and be Forestes still, In these wordes nisi sit do­minicus boscus noster: and those lands that were not the Kings owne demeasne lands that were adioyning to the landes of the Kings that were so afforested after such dissafforesting of them: then they are at the libertie of the owners thereof, as they were before that the same was so afforested, to cut downe their woods, to make their lands earable that were Medows or pasture before, or any other way to conuert the same to their best aduantage and profit. And also the same owners may chase the wilde beastes that they do finde there, at their owne pleasures, and slay them if they can take them by chasing with Greyhoundes or otherwise: so that they do not forestal them or foreset them in their returning to the Kings Forest againe. For al such landes that were once af­forested by the King, and afterwardes disaforested: then the same is euer afterwardes Purlieu,Purlieu. and of the nature of Purlieu: so that there is not any lande that is or can be Purlieu, but such as was once a Forest or a Free Chase. For there may be landes that are Purlieus, adioyning aswell to a Free Chase as to a Forest, as it doth appeare in the Case of the Lorde Gray for Whaddon Chase in my Lorde Die [...] his booke in 15. and 16. Elizabethae fo. 326. [Page 177] And it is to be vnderstood that such lāds or woods as are here dis­aforested by this statute or Charter, the same was at the request of the Comminaltie of this realme, that is to say, of Gentlemen,Vide the case hic ante, pag. 64 yomen, and of the poorer sort of people which had such lands so afforested by the said Kings, for whose reliefe these two branches of this Charter were most especially made, as it doth also apeare by another Statute that was made in 33. E. 1. Statute. 5. cal­led the Statute of the Puraley beginning in these wordes: That whereas certaine people that be put out of the Forest for the Purley,Hic ante 34 35. The Statute of the Puraley. And by the great men haue made request to our So­ueraigne Lord the King at his Parliament, that they might be acquited of their charge, and of things that the Foresters de­maunded of them, as they were wont to be. So that you may thereby see that the Puraleys were first graunted at the especiall request of the Comminaltie of this Realme for their reliefe. And here you may note by the wordes of the Statute of Carta de Fo­resta, and also by the saide Statute of the Puraley of Anno 33. E. [...]. that all such lands as were so disafforested, be thereby now clearly out of the Forest and are Puraleys, according to the grant of the King by his Charter of Puraleys granted to his subiects. By which Charter, if you do diligently read and peruse it, you shall thereby knowe the verie nature of the Purlieu, and how the same is made, & howe it had his beginning,The Charter of the Purlieu, in the end of this booke. with all other things that doe belong to the Purlieu: what things a Puralie man may lawfully doe: and how he may hunte in the Puraleys by the lawes of the Forest, and the Charter of the Purlieus. For although it be lawfull for sufficient Purlieu men, to hunte and chase the wilde beastes in some sorte in their owne land that is so disaforested and made Purlui or Free for them onely: Yet it is not lawfull for euery owner of land disaforested, to hunt or chase the wilde beasts in their own land disaforested: but only for them that haue xl s. by the yeare of freehold lands. For those that haue lands of freehold, to the yearly valew of xl. shillings, they may kéepe Greyhounds or other dogges to hunt withall out of the Forest, by the statute of An. 13. R. 2. ca. 13.13. R. 2. ca. 1 [...] But so may not euery other man that hath [Page 178] not landes to that valewe: For such pastime is by the Lawes of this Realme reserued for Earles, Barons and Gentlemen, and for some other men of good acompt: & not for hindes nor pesantes of the Contrie to hunt at their pleasure without all order, and so to destroye the Princes game. And it is to be vnderstood, that al such persons as were put out of the Forest by the Purlieu, they are ex­cluded thereby of hauing any common within the Forest, by rea­son of the Statute of the Puralsey aforesaide, vnlesse that they will relinquish the benifit of the Purlieu,Ordinatio Forestae, anno. 34. Ed. 1. in fine, & become Subiects to the bondage of the Forest againe as they were before. And it doth appeare by the Statute of Ordinatio Forestae, that the Puralty did first begin by the dissaforesting of such landes as were once aforested, for the wordes are these: Volumus insuper quod illi qui cōmunem pasturam in Foresta ante perambulationem fac­tam, habeant: Et qui sunt postea repositi in Foresta, quin (que) de dicta cōmunia per perambulationem predictam impediti fue­runt, habeant comuniam pasturam de cetero in Foresta adeo lar­ge et libere ficut ante perambulationem predictam habere fo­lebant saluis arent' nostris in forma predicta: and so you may see that such landes of the Forest as be disaforested, afterwardes they are Purlieus. And it doth also appeare by the same wordes that the Purlieus are made by perambulation and viewe,The repositiō of the Forest. retourned into the Chauncery. And in like manner the reposition to the Fo­rest of such landes as were disaforested by the Statute, and after­wardes made Forest againe, the same is to be done by perambu­lation and viewe which must be retorned into the Chauncery or Treasurie, because that the King can haue nothing but by mat­ter of recorde, nor in such cases departe from any thing but by matter of record also. And all such lands as are put againe to the Forest, they are called Purlieus after the same reposicion, for then they shalbe Forest as they were before. But such landes as were disaforested by the Puraley, and so remaine dissaforested without any reposition,The difference betweene the Purlieu & re­position. those are called Puralleyes, in the which the ow­ners may chase the wild beastes, and also cut downe their woods, and make their aprouementes to their best aduantage. But of [Page 179] those landes that are put againe to the Forest by reposition, they cannot doe so there without licence of the Lorde chiefe Iustice in Eyer. And if it do fortune that a Deare goe out of the Forest into the Purlieu, then the owner of the grounde there may chase and kill him if he can. The same Law is, if a Harte, a Hinde, a Buck,The Purlieus. a Dooe or a Hare, or any other wilde beasts of the Forest, or of the Chase, which be clearly wilde of nature, & that haue not animam reuertendi, so that such an owner of the lands, haue landes of frée holde, to the valewe of fortie shillings in the Purlieus. And if a Puraley man which hath landes in the Puraley to the valew of ten shillings by the yeare, and one other man which hath landes within the Puraley adioyning to him, to the yearely valew of xxx. shillings: & wild beasts of the Forest do come vpon their lands in the Purlieus: those two Puraley men cannot chase together. But he that hath landes of Frée-holde, to the valew of fortie shillings by the yeare of his owne landes, he may chase and kill his Deare and carrie it away vpon his own Purlieus, and iustifie the same by the Lawes of this Realme: For all wilde beastes are theirs that can take them, As it appeareth by Bracton. But if such wilde beastes being within any Forest, Chase, Parke or Warren, or o­ther Priuileged place, then they are the Kings or the owners of those Priuiledged places where they are remayning, as it hath been shewed before, for of such wilde beasts men haue propertie in them, but ratione soli.

And if the Forest be in one Countie, & the Puraley in another Countie adioyning to it: he that hath fortie shillings by the yeare of Frée-holde lande in the Countie where the Puraley is, he may Chase and hunte the wilde beastes in his owne Purlieu: But if he haue fortie shillinges by the yeare of Frée-hold, in the Countie where the Forest is, but hath not any lande in the Countie where the Puraley is: then he is not any Puraley man, neither may he take the benefit of a Puraley hunter.

And if a man hauing landes to the valew of fortie shillings by the yeare within the Purlieus, doe chase a Deare there, and doth let his Greyhound runne after the wilde beasts, and the Grey­hounde [Page 180] doth followe the wilde beast into the Forest, and there doth fasten vpon him and flea [...]: Nowe in this case the owner of the dogg shall not haue the wilde beast so slayne, but the king or the owner of the Forest: and such a Puraley man that doth so chase the wilde beastes into the Forest, he may not followe his dogg into the Forest, but he must stand at the outermost boundes of the Forest, & there blowe his horne for his dogg, & so call him barke againe: for in this case, when the wilde beaste hath recoue­red himself into the Forest againe, then he is in Statu quo prius: and then the King or the owner of the Forest hath propertie in him againe ratione soli, and then the killing of him in the Fo­rest is not lawfull, neither doth the same gaine the owner of the Greyhounde any propertie therein.

And in like maner it is if a man do let his Fawcon, Goshauke, or any other Hauke flye at a Fesant or Partridge being out of the Forest, Chase or Parke, and they two do flye together, and the same Hauke doth kill the Fesaunt or Partridge within the Forest Chase, or Parke: nowe the owner of the same Forest, Chase or park where the same is so killed, shal haue the game that is in such sort killed, causa qua supra, for the owner of such Greyhound or Hauk cannot claim any interest or propertie in any such game be­fore that the same be taken: & before the taking of it, the said game was retorned into the Forest, Chase, Parke or Warren, wheras then the owner had propertie in it againe ratione soli. A man may haue the pos­session of a wilde beast by his dogg. And if a Greyhounde being let runne in the Purlieus after a wilde beaste of the Forest, and in chasing after him the Greyhound doth fas­ten and seise vpon the Deare neare vnto the Forest, and the wild beaste by his force draweth the Greyhounde byting vpon him within the bounds of the Forest, and there is slayne: the owner of the same Greyhound may very wel take the wilde beaste so slayne although that he were slayn within the Forest, for by the seising of the dogg, the owner of the same dogg was in possession of the wilde beast: and the like lawe is if a Hauke be seised of his game without the Forest, Chase or Parke, and so seised, they do flye to­geether within the boundes of the Forest, Chase or Parke, and [Page 181] there is slayne: then the owner of the same Hauke may enter into such a Forest, Chase or Park, & take the game so slayn by the rea­son aforesaide. But the contrarie is, when my Hauke is not seysed of such game before he entreth into such a Forest, Chase, or Park, but doth followe his game, flying into the same, & there doth seise vpō the game: in that case the game being killed, it doth belong to ye owner of the Forest or ground: And this is proued by the opiniō of Master Bracton in titulo Diuisione rerum. And if a Harte or any other wilde beast of the Forest doe come into the landes of a Purlieu man, which hath lands to the valew of xl.Bracton. 14. H. 8. fo. 18. shillings by the yeare: such a Purlieu man may lawfully Chase those wilde beasts and take them by chaseing: but he may not forest all them nor fore­set them in their returning into the Forest, so that they cannot haue free passage back again but do kill them.Wilde b easte of the Forest haue animam reuertendi. For notwithstan­ding that they be wilde of nature, yet in this case they haue ani­mā reuertendi, that is to say, they haue a mind of returning home to the Forest againe. And yet if I doe let my dogg runne at any wilde beast of the Forest within the Purlieus, & my dogg of his owne corage doth crosse the Deare in his course towardes the Forest and turneth him, and by that meanes doth kill the same Deare, this is not forestalling, for it commeth of the courage and cunning of my dogg, and not of my owne labour nor policie.

Also if any man not hauing landes within the purlieu, do finde any kind of Deare or wild bestes of the Forest in his own ground out of the Forest, Chase, Parke and Purlieu, then he may kill or take them by what soeuer meanes he can deuise: for then such beastes shalbe saide to be clearely wilde of nature, and it cannot be knowen whose they are, nor from whence they come, nor whe­ther they will, when they are so strayed abroad. And euen so it is of all manner of wilde Haukes: (except only Haukes of the praye) for they ought not to be forestaled with nettes or other inguns: but yet if they do bréede within the landes of the Purlieus, then the owners of the ground may take them.

At appeareth by the Assises of King Henry the second,Assisa Forestae H. 2. that the same King did altogether forbid any manner of forestalling of all [Page 182] such things as were wilde of nature: for the wordes are these, Dominus Rex precipit quod nullus [...] homo [...] ad capi­end'ferat per natem infraforestas nec extra su [...] p [...]na impriso­namenti vnius anni. Et quod nullus sub eadem poena facint ali­quam forstallationem feris suis inter forestam su [...]m & bosco [...] suos vel alio loco per ipsum vel progeniter' disaf [...]ue [...]tat' [...] And here began first the prohibition of forestalling.

And he that is a sufficient Puraley man by the lawe, that may hunt and take the benefite of the Purlieus by hunting, he must learne this lesson, and know that a Purlieu man may not hunt in the Purlieus at all times nor in what manner he himselfe will. For he must vnderstand, that there be tenne things that a Purlieu man is forbidden to do by the lawes of the Forest in his hunting in the Purlieus: And the hunting of any Purlieu man, contrary to any one of those tenne things so forbidden, is punishable by the lawes of the Forest.

A Purlieu man must not hunt

  • 1 In the night.
  • 2 On the Sunday.
  • 3 In the Fence-moneth.
  • 4 Any oftener than three dayes in one Weeke.
  • 5 With any more cōpany than his own seruants.
  • 6 Within fourtie dayes next after the Kings ge­nerall hunting.
  • 7 Within fourtie dayes next before the Kings ge­nerall hunting.
  • 8 When the Forester is seruing of any Warrant in the next Walke.
  • 9 By forestalling of the Kings wilde beastes.
  • 10 After vnseasonable Deare.

So that a Purlieu hunter or Purlieu man must knowe this commaundement of the Lawe, vz, Vtere tuo vt alienum non ledas, which is, that euery Purlieu hunter: (I meane those that are sufficient Purlieu men by the lawe) must vse their pleasure of [Page 183] hunting there, so that they do not by the fame disturbe the Kings wilde beaste [...] that are remaining within the Forest or Chase of their firme [...]ea [...]e. And therefore the Lawes of the Forest hath set downe the foresaide tenne points, as things that are most of­fensiue to the Kings wilde beasts of the Forest: and for that cause they are prohibited by the lawe to be done or vsed.

1 The first of them is, That no maner of person shall hunt in the Purlieus in the night, that is to saye, after that the Sunne is sett vntill the rysing of the same: for by the Lawe it is accomp­ted in many cases for a day, from the rysing of the Sunne vntill the going downe of the same: And likewise for a night, from the time of the setting of the Sunne vntill the rysing of the same: and such a day is called Dies Solarius, that is, a day that is accompted by the Sunne. And the reason why it is not sufferable for any person either Purlieu man or other, to hunt in the Purlieus in the night is, because that the Kings wilde beastes may not bee troubled or disquieted of their quiet feeding and rest in the Forest: for it is not possible for any man to hunt in the purlieus in the night, but that the same will be Ad terrorem ferarum quae sunt infra Forestam, for although that perhaps their dogges do not follow the wilde beastes out of the purlieus into the Forest in their chase after them, yet the noyse of their running together, & the gazening of those Deare that are scared out of the purlieus, will disturbe the quiet of the wilde beastes within the Forest. For the verie nature of the wilde beastes of the Forest is to seeke their foode in the night time when euery bodie is quiet and at rest: for then they do not see any bodie sturre vp and downe. Nor they are not troubled or feared with any noyse. And all the day time they resort to the Couerts being terrifyed with noyse and the sturring of men, so that they cannot feede quietly,

2 Secondly, it is not lawfull for any man to hunt in the pur­lieus on the Sonday: for that day is appointed for the seruice of Almightie God onely, and by his lawes that daye is to be kept holy, and not to be prophaned. For on that day all profitable bu­sines is forbidden to be vsed, although that the same tend to the [Page 184] profit and good of the common Weale: then Ergo much more all vaine busines and ydle pastimes, as hunting and such like. And for that cause, the Lawes of this Realm do not accompt the Sonday to be any day in any Court at Westminster.

3 Thirdly, No man may hunt in the Purlieus in the fence-moneth, or as it is called in the defence moneth, which moneth is alwayes fifteene dayes before Midsommer, and fifteene dayes af­ter Midsommer, which Moneth is the time of fawning: for then the Fawnes are verie young and not able to runne or to make a­ny shift. Or els the Does are then great bellyed, so that they are not able to runne. And if a Purlieu hunter should then chase in the Purlieus, and his Greyhound should followe the Deare into the Forest, no doubt but that the same Greyhound would either destroy the Does being great with young, or the Fawnes being then very young. And neither of them both able to runne: or else the coursing amongst them then would be ad magnum terrorem ferarum, and for that cause the same is forbidden for that Moneth by the Lawes of the Forest.

4 Fourthly, It is not lawfull for any Purlieu hunter to hunt in his owne Purlieu euerie day, nor any oftener than three daies in one weeke, whereof the Sunday must not be any. And the reason is, because that the wilde beastes in the Forest may not be disquieted or put from their foode and wonted layer where they do vse to lye at rest with the noyse and feare of their often hunting in the Purlieus. For the forest Lawes do prohibite things that are ad terrorem ferarum, onely, and for that cause, a man may not buyld a Mill in the Forest, because the same is ad terrorem ferarum.

5 Fiftly, It is not lawfull for any Purlieu hunter to hunt in the Purlieus with any more company than with his owne ser­uaunts, because that the Lawes of the forest doe not allowe of multitudes of people to assemble themselues toge [...]ther to hunt, for that is ad terrorem ferarum quae sunt infra met as Forestae. But euery Parlieu man that may by the Lawe iustifye to hunt in his owne Purlieu for him self, he may also iustifie for his seruants [Page 185] to hunte with him: for to hunte and kill his Deare there is a thing of profit and of pleasure all. And it is helde for a learning in our Lawe, that he that hath a licence or an interest of profit,Vide le case in 13. H. 7. s. 13. ante pag. 54, he may iustifie for himselfe and for his Seruantes also. But he that hath but an interest or a licence of pleasure onely, he cannot iustifie for his Seruantes but for himselfe onely: Note the difference. But he that may Iustifie for to hunte which his Seruantes, he cannot Iustifie to hunte with euerie other person.

6 Sixt [...]y, no maner of person may hunt within the Pulieus of any Forest within the time of fortie dayes next, after that the king hath made any generall hunting in any Forest adioyning to such Purlieus, because in this case the wilde beastes of the Forest doe not come into Purlies of their owne fréewill, but they are forced with strong hand and with the noyse of blowing of hornes, & with a multitude of people: So that for feare of being slayne, they are driuen to flye into the Purlieus for succor and refuge. And there­fore the Lawes of the Forest doth giue vnto all those wild beasts which are in such sorte forced to flye into the Purlieus for refuge, a firme peace & frée protection to remain there, during the space of xl. daies, without any hunting, chasing or other harme. In which time the law is intended they wil returne to the Forest againe, & therfore they haue that lybertie. And in euerie Charter or graunt of the Purlieus that the King doth graunt vnto any shire of such [...]andes as were disaforested, in that graunt the King doth alwaies reserue vnto himselfe fortie daies of Frée libertie for his wilde beastes of the Forest that are in the Purlieus to returne backe a­gaine to the Forest: as you may percea [...]ue by the perusing of the Charter, graunted for the Purlieus of the Forest of Windsor.

7 Seuenthly, it is not lawful for any Purlieu man to hunt in the Purlieus, bordering vpon any Forest that the Kinge doth minde to make any generall hunting in, after open proclimation thereof made. For then no person shal hunte within seuen miles of the borders of the Forest, nor within the Purlieus during the time of fortie daies next before such generall hunting: because that all that time the wilde beastes of the Forest must not by any [Page 186] meanes be disquieted of their rest, to the intent that the King may take the vewe of them where they doe lie and make their secret abode.

8 The eight is, that no Purlieuman may hunt in the Purlieus during the time that any kéeper or Forester is seruing of any warrant in any walke within the Forest adioyning vpon the Purlieus, nor during the time that any Noble man is hunting there, because that such hunters in the Purlieus may not disturbe the game in the Forest at such times as they are hunting there, if they haue notice or knowledge of any such hunting or seruing of any such warrant.

9 The nynth, It is to be vnderstood, that as a Purlieu man may hunt & chase the wilde beastes of the Forest being in the Purlieu, yet may he not forestall or foreset those wilde beasts with doggs, bowes, or any manner of ingyne, to kill them or stop them from their free passage to the Forest again. Neither may any man make any salteries or leaping places out of the Forest into the Purlieus where any Deare may easely leape in, but cannot returne backe againe, but they shalbe killed there for want of passage.

10 And last of all, it is not lawful for any Purlieu man to kil or hunt any vnseasonable Deare in the Purlieus, as a Buck in Winter, or a Dooe in Summer: for such wilde beastes when they are out of Season, they are not méete for any man to eate, for their flesh is not good nor holsom, and then they are so poore that they cannot runne nor make any course to escape from a dogg, & therefore the Lawe of the Forest doth prohibit the killing or hun­ting of them in the Purlieus or else where, during the time of their vnseasonablenes.

The punish­ment for vn­lawfull hun­ters in the Purlieus.But now let vs sée by the Lawes of the Forest, how such Pur­lieu hunters as do hunte in the Purlieu contrary to the Laws are to be punished: And therefore it is to be vnderstood that all such offences in the Purlieus are to be presented at the next Swani­mote, and to procéede from the Swanimote to the next Iustice seate of the Forest, as other trespasses of the Forest do: And then there such hunters in the Purlieus are to be fined at the discretion [Page 187] of the Lorde chiefe Iustice in Eyer of the Forest, and imprisoned and bounde to the good behauior of the Forest: Which band doth extend to all manner of vnlawfull hunting in the Purlieus. For vnlawfull hunting in the Purlieus is a breache of the lawes of the Forest, and so a breach of the good behauiour of the Forest.

And here it is to be noted, that the Purlieus are Purlieus but only quoad, to those that are sufficient Purlieu men, & the same Purlieus doe remayne Forest still quoad, to those that are not sufficent Purlieu men by the Lawe.

But all Purlieu hunters aswel those that are sufficient Purliu­men, as those that are not, must vnderstand this: That the lands of ye Quéenes Maiestie whersoeuer they are, they shal not be acōpted Purlieus, nor of the nature of Purlieus, although that such lands do lye without the boundes of the Forest & within the Purlieus: yet for as much as those landes are the Quéenes Maiesties own landes they shalbe accompted of the nature of a frée chase which is a Priuiledged place for wilde beastes: and therfore no Purlie man nor other may hunte in her Maiesties owne landes: (without good warrāt) by any colour of the Purlieus or otherwise. And you may perceiue by the .1. and .3. braunch of the Statute of Charta de Fo­resta, that amongest all such landes as were by the same Charter appoynted to be dissaforested,Charta de Fo­resta, artic. 1. 3. 33. E. 1. stat. 5. the landes of the King are alwaies reserued to be Forest still. And also by the Statute made in Anno▪ 33. of Edward. 1. Statute 5. called the Statute of the Puraley: By which Statute the King doeth graunt that foorthwith the Puraleyes shall be made in euerie shire: yet the King by that Statut, willeth and appoynteth that all his demes­ne landes wheresoeuer they be that hath beene of the Crowne, be­ing returned by way of escheat or otherwise, shal haue estate of frée chase and free warren: and in such manner shalbe saued and kep [...] to his vse, for all manner of escheats: so that although the landes of the Kings do lye amongest the landes of other men in the Pur­lieus, yet the same is not Purlieu: neyther may any man hunte or chase the wilde beastes there, because the same is the Quéenes Maiesties Freée chase, for as much as the same is her Maiesties [Page 188] owne demeane landes.

Hesket, fo. 12.But if séemeth by the opinion of Maister Hesket and others, that haue read vpon this branch of the Statute of Charta de fo­resta, that the disaforesting of such landes as were aforested by King Richard or King Iohn, whereof the letter speaketh in the 3 Article of Charta de foresta, Charta de Fo­resta. artic. 3 doth gretly differ frō the disafore­sting of such landes as were afforested by H. 2. mentioned & de­clared in the first Article of Carta de foresta: For of all such lands as were afforested by King Richard or King Iohn, mentioned & declared there in the third Article of Carta de foresta to be disafo­rested againe: euery man shall haue the aduantage thereof, aswell he that had not the land nor any interest in the landes or woodes at the time when the same was afforested, as he that had the lande or Woodes at the time of the afforesting of the same or before.

But of such landes as were afforested by King Henry 2. and are here appoynted to be disaforested againe by the letter of the Statute of Charta de Foresta Articulo 1. it is otherwise: for al­though that the same King Henry 2. had afforested the landes of any other man in right or in posession,Charta de Fo­resta, artic. 1. the same land shalbe disa­forested, but only against him whose land the same then was, and not against any other persō that hath no title or right to the same lande. And Maister Hesket affirmeth that thereupon the same tooke the name of Purlui: Because that such land is not disafo­rested generally for euery man, but only pur lui, that is to say, for him: and therefore the same is called Purlui. Note the difference hereof. And this much concerning Purlieus or Puraleys.

The words of the Statute of Charta de Foresta, articulo 5. are further as followeth, vz, Regardatores nostri cant per Fo­restam ad faciendum regardum, sicut fieri consueuit tempore primae coronationis Regis H. aui nostri, et non aliter.

Now it is to be seene what a Regarder is: How a Regarder is made: and what his office is. And therefore first of all, it is to be vnderstoode that A Regarder is an Officer of the Kings Fo­rest that is sworne to make the regard of the Forest as the same regarde hath beene vsed to be made in auncient time: And also [Page 189] to viewe and inquire of all offen [...]as of the Forest, aswell of Vert as of Venison, The definition of a Regarder. and of all concealments of any offences or de­faults of the Foresters, and of all other officers of the Kings Fo­rest, concerning the execution of their offices. And this is the definition of a Regarder of the Forest.

Now it is to be seene how a Regarder of the Forest is made. And for that it is to be vnderstood that a Regarder of the Forest may be made by the King himselfe by his letters Patents,How a Regar­der is made. or by any one of the Kings Iustices of the Forest at his discretion in the generall Eyre of the Forest: or at such time as the regarde of the Forest is to be made by vertue of the Kings writ, which shall be directed to the Shirife of the same Countie, commaunding him to sommon the whole regarde of the Forest, and to make the regard of the Forest as they haue beene accustomed to do. And then if any of the Regarders of the same Forest be sicke or dead, so that because there are not the whole number of twelue Regar­ders, the regard cannot be made, that then the same Shirife shall choose other Regarders that are meete men to serue in their pla­ces by vertue of the same write in his full Countie: the Tenor of which write, is as followeth: Elizabetha Dei gratia Angliae, Franciae & Hiberniae Regina fidei defensoris &c. Vic. Essex. salutem, The writ to the Shirife. Precipimus tibi quod sine delatione conuenire facias omnes Forestarios & Regardatores ad regardum faciendum in Balliua tua ante aduentum Iusticiariorum nostrorum de Fore­sta. Et locis regardatorum qui motui sunt, Note that the Regarder is to be sworne. aut infirmi alios Ele­gi facias. Ita quod duodecim sint in Foresta & nomina eorum inbreuiantur. Et Forestarij dictos duodecim milites electos du­centur per totam Balliuam suam ad vidend'omnes transgressio­nes quae exprimuntur in Script' Capitulor' quae tibi mittimus & quod hoc non omittas pro aliqua [...]re. Et quod dicti milites iurent quod facient regardum sicut solet & debet fieri. Et quod ibuut sicut Forestarij eos ducent ad praedictam Forestam vi­dendum. Et si Forestarij noluerint vel nesciuerint eos ducere, vel aliquod fo [...]stact' voluerint Concelare, ipsi milites non omit­tentur propter illos q [...]in foris factum illud videant. & imbreui­ari [Page 190] facias. Et hoc pro nullare dimittant. Et quod regardū illud fiat cantra tale festum, Teste, &c.

And it is to be vnderstood, that in times past, when the Forest Lawes were carefully put in execution: then the generall Sessi­ons of the Forest called the Seate of the Lord Iustice in Eyre of the Forest was holden and kept euery thirde yeare. And also eue­ry third yeare, the Regarders of the Forest did make their re­gard of the Forest. And now at this daye, alwaies before that the Lord Iustice in Eyre of the Forest do holde his general Ses­sions of the Forest, he doth cause the write aforesaid to be made and sent to the Shirife of the same shire where the Forest is, in the which the Iustice Seat for the Forest shalbe kept, together with a briefe remembrance or abstract of all such matters as the Regarders of the Forest shall enquire of. By vertue of which write, the same Shirife doth cause all the Foresters of the same Forest, and also all the Regarders to meete together at a certain day and place which the Shirife shall vnto them assigne for that purpose, at which day and place so appointed by the same Shirif, vpon the apparance of the said Foresters and Regarders, the shi­rife doth declare vnto them the Tenor of his write: and also doth giue vnto them a charge, to inquire of al such matters as are con­tained in the said Abstract. At which time of apparance, if any of the said Regarders be dead or sicke, so that there be not the full number of twelue Regarders, to make the regard of the Forest: Then the said Shirife shall according to his said write in his full Countie of the shire, choose other Regarders, and cause them to serue in their places, and so make vp the number of twelue Re­garders: and in such sort Regarders are made. And also it ap­peareth by the Statute of Ordinatio Forestae made in Anno. 34 E. 1. hic ante fol. 26. & 39. That if any of the Foresters, Re­garders, or any other minister or officer of the forest be dead, or by sicknes, or any other meanes, they be let or hindered, so that they cannot be at the court of Swanimote: And because that the ab­sence of such officers or ministers should not be any hinderance of the proceeding of the court of Swanimote, then the Lorde chiefe [Page 191] Iustice of the Forest, or his Lieutenant, incontinently shal choose and appoint other Regarders in their places, so that all the In­ditements in the Swanimote may be made and done by all the officers of the Forest, according to the order set downe & apointed by the saide Statute called Ordinatio Forestae. And such electing and appointing of Regarders at the Swanimote is done but as it were of necessitie to make vp the full number of twelue Regar­ders to serue for the place at that time. And such Regarders as be dead and others chosen in such manner by the Lord chiefe Iu­stice in Eyre of the Forest or his Lieutenant in their places: then they shall remaine Regarders still. But the Regarders that are chosen and appointed, as aforesaid, to serue in the places of others that then were sick or absent vpō some especial busines: such Re­garders are not Regarders Nisi pro hac vice tantum, as it doth appeare by M. Hesket, fo. 24 b. For (saith he) they are officers but to serue the Court for that time onely.Hesket fo. 24.

I do finde by the Lawes and customes of the Forest, that there may be three sorts of Regarders of the Forest, which are as fol­loweth.

1 First, there is one sort of Regarders made by the King him selfe by his letters Patents, to whome the King doth graunt the said office sometimes for terme of life: sometimes to him and to his heires, to be one of the Kings Regarders of such a Forest.

2 Secondly, there is another sort of Regarders that are made by the Lord chiefe Iustice in Eyre of the Forest, or by the Kings writt to the Shirife, as hath beene shewed alreadie before. And such Regarders are officers of the Forest but durante bene pla­cito, that is to say, during the Kings pleasure.

3 Thirdly, there is another sort of Regarders that are made Regarders for the present seruice of the Court of Swanimote, or to serue at some other time in the absence of some of the Regar­ders that are sicke or otherwise not able to serue at that time: and such Regarders are officers Nisi pro hac vice tantum. And thus much concerning Regarders, and how he is made a Regarder of the Forest.

And now, forasmuch as it appeareth by the writt aforesaid di­rected to the Shirife to choose new Regarders in the place of such as are dead: And that the same Shirife according to his writt must giue vnto such Regarders as he shall choose in their places,A Regarder must be sworne. an othe (for the wordes of the writt are these. Et dicti mi­lites Iurent quod facient regardum sicut solet & debet fieri) Now therfore it is necessarie to see what the oath of a Regarder is. And to the end that euery such officer may the better knowe his oath, & also his office, I haue set downe the same here, which is as followeth.

The Othe of a Regarder of the Forest.

The oath of a Regarder.YOu shall truely serue our Soueraigne Lady the Queene in the office of a Regarder of the Forest of Waltham. You shal make the regard of the same Forest in such manner as the same hath beene accustomed to be made. You shall range through the whole Forest, and through euery Bail [...]wike of the same, as the Foresters there shall lead you, to view the same Forest. And if the Foresters will not, or do not know how to lead you, to make the regarde or range of the Forest: or that they will conceale frō you any thing that is forfeited to the King, you your selues shall not let for any thing: but you shall see the same forfeiture, & cause the same to be inrolled in your roll. You shal inquire of al wastes Purprestures and Assertes of the Forest: and also of conceale­ments of any offence or trespas in the Forest, either in Vert or Venison by any officer of the same Forest. And all these things you shall to the vttermost of your power do, So help you God.

It seemeth by the Lawes of Canutus the Dane King, Canon the 2. that in his time there were certaine persons that did execute the verie same office that the Regarders do nowe at this daye, and then there were 16. of them,Canutus. Canon 2. they were called Mediocres ho­mines, But the Danes did call them (Yong men.) H [...] Curam & onus tum viridis tum veneris suscipiant. But of like such offi­cers were cleane worne out of vse in most forestes. For it seemeth [Page 193] that in the time of King H. 2. there were no Regarders left in a­ny Forest, and then the Foresters & Woodmen did take no good regard to the Forestes, and most especially the woodmen, where­by the Kings woods were greatly destroyed, which was an espe­cial cause of the decay of Venison. And because that the said King H. 2. would haue his Forestes the better kept and looked vnto, he did ordaine that certaine Regarders should be appointed in euery Forest throughout his whole Realme, for to suruey the Forests as it doth appeare by the Assises of the Forest made in his time: where he doth say as followeth, Item Dominus Rex precipit quod in quolibet Comitatu in quo habet venationem ponantur duodecim milites ad custodiendum Venationem suam & viri­dem in Foresta: Assisa Forestae H. 2. Et quatuor milites ponantur ad agistandū bos­cos suos. And these Knightes for the time that they are officers of the Forest they are called Regardors, taking the name of Re­gardors of the effect of their office, because they do, as it were agere curam, custodiendi viridis & veneris, that is: that they must alwaies regarde the safe keeping & preseruing of the Kings Vert and Venison in his Forest. And so it seemeth that at that time no man was called to the place of a Regarder but hee that was a Knight. But now at this day, other good and lawfull men which are not Knights are chosen to be Regarders of the Kings Forest, which officer of a Regarder, is an officer of the Forest appointed by the King to see the preseruation of Vert and Veni­son in the Kings Forest, and also to suruey all other officers of the Forest. And also it appeareth by the Assises of the Forest domini Wilhelmi Veysey made in the fifteenth yeare of the raigne of King Edward the first,Assisa domini Wilhelmi Veysey, anno 15. E. 1. that it was established there as a lawe, that there should not be any more than 12. Regarders in a Forest where he doth say, Quia Euedenter constat Iusticiario Itenere suo quod tam magna oneratio regardatorum est in Fo­resta praedicta quod non est sustinendum propter magnum do­mini Regis dampnum. Prouisum est quod de cetero in Foresta non sint nisi tantum dict' duodecim regardatores. Et quod illi Regardatores faciant regardum per totam Forestam quoties [Page 194] Assisa Forestae voluerit, &c.

And it is to be noted, that in euery Forest of the Kings, or in the greatest part of them, there are certaine woods that are the Kings owne demeane woods belonging to the Crowne, and the King hath the regarde of all the woods and waste grounds and other lands which are afforested and within the boundes and li­mittes of the Forest, aswell those that are not the Kings owne woods, as those that are the Kings owne woods. And somtimes it falleth out, that ther are some woods that be within the bounds and limits of the Forest, and yet they are no parte of the Forest, as in times past Wallwood in Essex was: for the same was with­in the Forest of Waltham, and yet not any part of the Forest, nor within the regard of the Forest.The differēce, I [...]ra rewardū, & Extra re­wardum. But all such woods & lands as are parcell of the Forest: the same is within the regard. And all such lands as are within the bounds of the Forest, and yet not any parte of the Forest, the same is out of the regarde of the Fo­rest: and this is the meaning of the Assises of the Forest, Articu­lo 3. and 4 where the words are, Si quis inuentus fuerit extra dominicum boscum infra rewardum, &c. and so note the diffe­rence infra rewardum Forestae, and extra rewardum Forestae.

And it is also to be noted, that in the making of the regard of the Forest, there are diuers officers besides the Regarders to be imployed: as the Foresters, woodwards, & other persons which be owners of the woods and lands within the same regard of the Forest. And if any man haue a regard within the Kings Forest, belonging to him of inheritance, and hath there of certaine Fore­sters of fee belonging to the same: then in that case the Foresters and Regarders of any other regard cannot enter in there to do any thing, because that the same is out of their charge, and within the charge of others. But yet neuerthelesse, in that case the chiefe W [...]rden of the Forest together with the Foresters and Regar­ders, may go thether to suruey the same,Assisa Forestae H. 2. and to make the regard of the same, as it doth appeare by the Assises of the Forest, where he doth say, Quod omnes illi qui habent boscos infra metas Fo­restae ponant idoneos Forestarios in boscis eorum de quibus &c. [Page 195] Whereby it appeareth that the Foresters of the King may law­fully suruey all other Foresters, And so it is of the Regarders of the King: for they shall suruey all other Regarders being with­in the boundes and limits of the Kings Forest, although that there be some particulars or officers for that place.vide Treherne in his reading, fo. 17 And note that no man may haue Regarders for any Forest but the King only, (except it be by the especiall graunt of the King:) Neither may any man take vpon him the office of a Regarder of the Kings fo­rest, but he that hath lawfull title to the same.

Now it is necessarie to see what is the office and duetie of a Regarder,The office of a Regarder. and how he ought to behaue himselfe in the execution of his office: and therefore it is to be noted that the wordes of the Statute are further, Eant per Forestam ad faciendum regar­dum, &c. And also it appeareth by the assises of the Forest, that the regard of the Forest ought to be made by the Regarders, Foresters and Woodwards, where he doth saie, Milites, Assisa Forestae H. 2. Fore­starij et woodwardi debent intente inquirere in Itinere suo quis habuerit a liquod ingenium ad malefaciendum domino regi in feris suis. And such Knightes or Regarders were ordained at the first to controll the other officers of the Forest as is aforesaide.

Also the Regardors of the Forest shall sée and inquire if any Surcharge of the Forest be made by the Foresters of the Forest, and they shall assigne and appoynt so many foresters in the Forest as they shall thinke méete and conuenient to kéepe the Forest.

Also the Regarders must goe thorow the whole Forest euery third yeare to make their Regard, and to sée and inquire of all the offences of the Forest in Vert or Venison, & of all concealmentes of such offences by any officer of the Forest, which Regard or go­ing through the Forest in auncient time was called Visitatione­morum. Also the Regarders shall goe thorow all the Forest with the foresters and Woodwardes, to surueie all the assar [...]s, wastes and purprestures of the Forest, and al other defaultes that haue béene made, and aswell those that be auncient assarts, wastes or purprestures, as those that haue béene made since the last Re­gard, and estéeme them by the number of acars: And also to in­quire [Page 296] who hath made any such assartes, wastes or Purprestures, or any other such defaults: and who doth holde the lande where any such trespasses of the Forest were made or done. And if such land be sowe [...] with corne, then whose corne the same is, and howe often the same hath beene sowen so with corne since that any such assartes, wast or purprestute hath beene made in the same. And also how much the same is woorth to be solde. And in whose fee the same is. And to what towne the same doth belong. And the said Regarders shall write the auncient assarts, wastes and pur­prestures, and such other defaults in a roll by themselues. And all such as haue beene newly made since the last regarde of the Forest was made, they shall write them in another roll by themselues. And if the Foresters wil not goe with the saide Regardors, nor leade them to the same place where such defaultes are: then the Regarders may goe thether themselues and there vew & inquire of such defaultes and all other that they can learne of.

Also the Regarders of the Forest shall suruey all the old pur­prestures and new that haue beene made within the Forest, and valewe them seuerally by themselues, and to set downe the same in the rolls of the Forest. And in what place the same purpre­sture is so made, wheresoeuer it be: As in Woodes, Playnes, Heathes, Waters, or in land, Stangues, Hedges or Ditches, or in any other place of the Forest. And all such defaultes shall be written in a roll by themselues.

Also the said Regarders of the Forest shal suruey all the woods of the Forest that are wasted, aswell those that are auncient, as those that are newe, which haue beene made since the Seconde yeare of King Edward the first.

Also the Regarders of the Kings Forest, shall see and vewe all the Kinges demeasne landes and Woodes: And also al maner of Trees that haue beene felled or cut downe within any of the Kinges demeasne landes or Woodes, as the felling of Okes or any other great [...]niber since the last Regarde. And vpon such in­qu [...]e and vew thereof made, they shal certifie the number of such Trees, the damage and hurte that the same is to the kings woods [Page 197] or landes. And in like manner they shall do of all manner of lop­ping of Trées and destruction of any vnderwoodes.

Also the Regarders shall suruey and vewe all the Kinges de­mesne hedges, for the fencing in of his landes and woodes: And whether they be made or maintained and kept as they ought to be or not: and if that they be not so maintained and kept, then in whose default the same is that they be not so kept as they ought to be, and what damage to the king the same is that the same is not fenced: and whether by reason that the same land or woode is not fenced as it should be, the same be suffered to lye open and made common yea or not.

Also the Regarders of the Kinges Forest shall see and suruey al the Eyries of haukes in whatsoeuer woodes they be: and who doth take them, and who ought by the lawe to haue them. And they shall thereof make certificat accordingly.

Also the Regarders of the Kings Forest shall suruey and see all the Forges and Mynes, for the finding of any kind of metall, in what fee soeuer they be within the Forest, or within the Kinges demesne woodes or landes being within the Forest or without: And what rentes and customes they paie for the same, and to whome. Also they shall see and vew all portes and creekes of the Sea, where any Shippes or Boates doe or may aryue to cary any Timber, Wood or vnderwoodes out of the Forest, and who doth occupie then: And by whome they are brought thether: And in whose fee the same is done.

Also the Regarders of the Forest shal inquire who hath or doth keepe any Bowe and Arrowes in their houses, or Crosbowes, Gunnes, Houndes or braches, or any other ingins to hunte or to destroy the Kinges wild beastes and game of the Forest with all.

And when the Regarders of the Forest haue made suruey, vewe and inquiry of all such matters as by their othe and office they ought to doe, as is aforesaide, they shall write the same faire in a roll, & bring it to the Court of Swanimote, or to the Courte of Attachementes, where all the officers of the Forest ought to assemble themselues together euerie fortie dayes: And all such [Page 198] matters as are so found by the Regarders in their raunge thorow the forest, the same shall be there affirmed by the saide Regarders by their handes and seales, which Regardors shall also present the same vnder their handes and seales vnto the Lorde Iustice in Eyer of the forest, at the next generall Eyre or Sessions of the forest.

The Eyre, generall Sessions of the forest, or Iustice Seate, is to be holden and kept euery third yeare, and of necessitie before that any such Sessions or Iustice Seate can be holden, the Re­gardors of the forest must make their regard. And this making of the regard must be done by the Kings writ, as it doth appeare by the writ aforesaid: Whereby it is to be noted, that the Foresters, and Regarders cannot make the regard of the forest of their own authoritie, without the Kinges writ for the same purpose. The wordes of the Statute are:

Regardatores nostri eant per Forestam:

That is to saie, the Kinges Regargers must goe thorow the whole forest of the King. Whereby it is especially to be noted that the Regarders may not doe or certifie any thing concerning their office, but that they must first vew the same: & for that cause the wordes are eant per Forestam, that is, that they must raunge ouer all the forest, & through euerie bailiwike of the same, to sée & inquire of the trespasses and offences of the forest. The words of the Statute are further.

Ad faciendum Regardum.

Here in these wordes is most playnely shewed the cause why the saide Regarders must goe through the forest of the King, which is ad faciendum Regardum, to make their Regard: for in these wordes ad faciēdum regardum, is comprehended the whole office of a Regarder, which doth concist in these foure things, that is to saie:

  • Ad videndum.
  • Ad inquirendum.
  • Ad imbreuiandum.
  • Ad certificandum.

[Page 199]1 And now as concerning the first of them, which is ad Vi­dendum, to see the offences and trespasses of the Forest: and to see what officers of the Forest haue executed and done their office as they ought to doe: It is to be noted that the Regarders of the Forest ought not to certifie any thing but vpon their view, as it shall appeare hereafter in the fo [...]rth point, which is to certifie.

2 The second is, ad Inquirendum, to enquire. So that the Regarders ought to range throughout all the Forest: not onely to see and view all the trespasses and defaults of the Forest, but they ought also to inquire out the certaintie of euery such trespas and to learne the trueth of all such matters as shalbe deliuered them in charge, as is aforesaid.

3 The third point is, Imbreuiare, which is, to inroll their view and inquisition that they haue made: So that after they haue gone throughout all the Forest, and haue viewed the tres­passes and defaults of the forest, and that they haue learned and inquired out the trueth of them in euery thing according to their charge giuen them, as is aforesaide: Then they must inroll the same, that is, they must cause all those defaultes that they do so fynde in their range thorough the forest to be faire written in a Parchment Roll, in which inrolling, they must obserue these four things, that is to saye:

  • 1 What the offence is.
  • 2 When the same was done.
  • 3 Where the same was done.
  • 4 Who did the offence.

The fourth point is, ad Certificandum, which is, to certifie that which they haue done: So that when they haue gone tho­rough out all the forest, and haue made their viewe and inquirie of all the defaults of the forest, and that they haue also inrolled them in their roll: yet th [...]ee can be no execution nor punishment done to the offenders or doers of those trespasses vntill such time that the same Regarders haue made certificat thereof vnto the Lord chiefe Iustice in Eyre of the forest at the Iustice Seat. And yet before that they do make such Certificate to the Lorde chiefe [Page 100] Iustice in Eyre of the forest of their inquisition, they must pre­sent the same inquisition at the Swanimote before the other offi­cers of the forest,Ordinatio Fo­restae. 34. Ed. 1 to the intent that the offenders thereof may be there indicted of the same offences according to the ordinance of the forest made in 34. E. 1. For otherwise, if the same be certified to the lord Iustice in Eyre before that the offenders be thereof in­dicted at the next Swanimote, then the offenders may trauers the same presentment or Certificat, because that the same is not Presentatum per Forestarios & duodecim Iuratores & conuic­tum per Viridarios, &c.

But now it is necessarie here in this place to speake somthing concerning the manner of the same Certificat. And therefore first of all it is to be vnderstood that in this Certificat there are two things most especially to be obserued, that is to saye:

The number of the Regarders that must certifie the same.

And that they do Certifie the same vpon their view: and not otherwise.

It hath beene shewed alreadie before: that by the Lawes and Assises of the Forest,Assisa Forestae H. 2. made in the time of King H. 2. that of neces­sitie there must be twelue Regarders in euery forest. And it doth also appeare by the writ aforesaid, that if any of those twelue Re­garders be dead or sick, there must be others chosen in their pla­ces to serue: So that of necessitie there must be the whole num­ber of twelue Regarders in euery Forest, or else they cannot make the Regard of the forest, nor make any certificat therof. For if the certificat of their inquisition bee made by 11. of the Regarders of the forest: then that certificat is not a sufficient certificat to charge any offender to answer therevnto,Vide master Hesket in his reading, fo. 25. for as much as it doth appeare by matter of recorde, that the same certificat was not made by all the Regarders of the forest: for it must be intended that there be al­waies 12. Regarders, and the certificat of their inquisition must be made by all the Regarders, that is to saie, by 12. Regarders. And this much concerning the number of the Regarders that must certifie.

Nowe concerning the certifying of their inquisition vpon their [Page 201] owne view. It is to be vnderstood, that if it do not appeare in their certificat before the Lord chiefe Iustice of the Forest, that the Re­gardors did raunge and goe thorow all the Forest,Master Heske [...] fo 25. to sée and vewe the Forest, and the offences and trespasses of the Forest, which they do certifie: Then that certificat or presentment, although that they as Regarders of the Forest doe certifie their presentment of an offence of the Forest within their charge:Vide the case 34. H. 6. yet that certificat is not good, neither shall the offender or dooer of such a trespasse bee impeched vpon that presentment, but the Regarders shall be a­merced for their insufficient certificat. For in this case their certi­ficat is like to the return of the Shirife in an Action of wast, where the Shirife doth leaue out of his retorne (these wordes:) Accessi ad locum vastatum, vt patet in An. 34. H. 6. And also it is like to the presentment of the Coroner that doth not make mention that the inquisition of the Coroner was taken super visum corporis. But if in the Certificat of the Regarders mention be made of their Perambulation through the Forest, and vew of the trespas­ses that they do present or certifie: wheras in the verie truth they did not Perambulat nor vew the same: yet that presentment and Certificat of any such offences as they shall so certifie is good and sufficient in law. For a man cannot by the law trauers the retorne or Certificat of an officer that is sworn. But here it doth appeare that the office and dutie of a Regarder is, to goe and vewe the of­fences and trespasses of the Forest: and they must also certifie their vewe: and it is not sufficient for one or two of them to vewe the same, but they must all vewe the Forest, and the offences or trespasses that are done in the forest: euen so they must all certifie the same as their verdict or presentment. For as a Iurie at the common lawe, if 11. of them be agréed of their verdict, and they doe giue a verdict, and one of them will not agrée to it: then their verdict is no verdict at all in Lawe. So it is, if 11. of the Re­garders do certifie, and the twelfth wil not certifie: the Certificat of the other 11. is voide and no certificat at all: for as much as it doth appeare by matter of Record, that their certificat was not made by all the Regarders, as by law it ought to be. And thus [Page 202] much concerning the Seconde, poynt that the Regarders must make mention in their Certificat, that the same was made and done vpon their owne vew, that is, vpon all their vewes: So that nowe you see that by the letter of the Statute in these wordes: Regardatores nostri eant per Forestam: It is ordained and ap­poynted that the Regarders shall goe through out all the Forest: and then afterwardes in these wordes: Ad faciendum Regar­dum: It is shewed and declared to what end, or for what cause they ought to goe through the Forest: which is, to make the re­garde of the Forest. And afterwardes the letter is further: Sicut fieri consueuit tempore primae Coronationis Regis H. aui nostri & non aliter: In which wordes it is playnly set downe and decla­red vnto vs, how and in what manner the Regarders shall make their regarde of the Forest, which is according to the assises and customes of the Forest vsed in the time of King Henry the Se­cond: so that this braunch of the saide Statute doth not hereby or­dayne or appoynt any new thing that was not before. But this braunch is made for an affirmation of the lawe and vsage of the Forest that was vsed in the time of King H. 2. Now therefore it is necessarie here in this place to shew how and in what manner the lawe and vsage of the Forest was at that time vsed in making of the regarde of the Forest. For the declaration whereof, it is to be vnderstood, that the inquitie and presentment of all the Articles aforesaid, which are to be inquired of by the Regarders of the Fo­rest, the same shall be enquired of as they were wont to be enqui­red of, at the time of the Coronation of King H 2. and that is eue­ry third yeare, as it doth appeare in the Assises of King H. 2. and then the same regarde is to be made but onely within the bounds of the Forest:Assisa Forestae H. 2. C. 10. & 17. for the saide Regarders ought not to enquire nor to present any thing that is made or done out of the boundes of the Forest, nor yet out of the precinct of the regarde within the forest, as it doth appeare in the same Assises of H. 2. Cap. 10. and 17. For it is there written, that those that haue Woodes out of the regarde of the Forest, where the wilde beastes of the King haue their haunt, peace or rest: Or any other man that hath landes or [Page 203] Woodes within the Forest, and hath also this Priuiledge, that those landes and woodes shalbe out of the regarde of the Forest: and that the same shall not be impeched for any cause: yet in that case he or they that haue such a Priuiledge, ought to haue a wood­warde there to keepe his woodes, which woodwarde must also be sworne to the assises of the Forest, that is,Assisa Forestae H. 2 Vide Master Hesket fo. 26. for the preseruation of Vert and Venison, as it doth appeare by the same assises of H. 2. And if the Regarders doe enquire or make any presentment of any thing that is done in any such place Priuileged, as is afore­saide: then that presentment may be auoyded by the plee of the partie, by pleading of that matter: For the partie shall neuer bee punished vpon such a presentment if the verie trueth of the matter doe appeare of recorde vnto the high Court of the Lord Iustice in Eyre of the Forest.

And the same lawe is also, if the Regarders of the Forest will make presentment of any Article that is not specified in dictis ca­pitulis de regardo fiendo: (which is alwaies sent to the Shirife, together with the writ, when the regarde is to be made as afore­saide,) as if they do present, that Iohn Astyle hath agisted his woodes or his demeasne landes, before that the demeasne hedg­rowes of the King within the Forest be agysted: or that he hath taken any pannage contrarie to the assises of the Forest: then that presentment is voyd without any plee, if that it doe appeare vnto the Court by matter of record comprised within the same present­ment, that the thing of the which they haue made their presentmēt is not any matter whereof they had charge giuen them to enquire of, or to present.

And if the regard of the Forest, be made by the Regarders that are elected by writ, and yet they haue not any writ to make their regarde when they do make the same, but they doe make their re­gard of the Forest of themselues voluntarily,Presentment per le Regard sans authoritie est void. within the tyme of thrée yeares, that is to saie, euerie yeare: that regard, and also the presentmentes made by the same regarde against any person are also voide: and the partie against whom any such presentment is made, may discharge himselfe of that presentment by plee.

But such a presentment and inquirie made by the Regarders which were once elected and chosen, although that they doe make their regarde euerie fourth yeare or euerie fifth yeare, it is good & sufficient in lawe, and the same shall binde the partie to the punish­ment, notwithstanding that euerie such presentment and regarde by them made, was not by a commaundement directed to the Shirife as aforesaide: For when the Regarders are once elected by writt and Sworne, then they may hold their regard according to the assises of the Forest, that is to saie, euerie third yeare ex of­ficio, without any new writ, precept, or comaundement. But if any of them be dead, so that there are not the whole number of 12. Regarders lyuing, then they ought to haue a writ as is aforesaid, to chuse newe Regarders in their places, to make vpp the full number of 12. Regarders againe, before that they can make their regarde of the Forest. And so in like manner it is if the King by his letters patens doe make one or more Regardors to fill vp the number of 12. Regarders againe, they cannot ex officio, make the regarde of the Forest without such a writ vt supra, Les Regarders ne point faire lour regard del Forest si non que ils soint Iure. directed to the Sherife: for the Sherife by the authoritie of that write, must sweare the Regarders, as is aforesaide: and they cannot by the lawe make the regarde of the Forest before that they be sworne: for if they doe, then their proceding therein is voyde, quod nota.

The letter is further in the 6. branch of the said Statute as fo­loweth. vz, Inquisitio vel visus expeditatione canum existen­tium in Foresta nostra de cetero fiat quando fieri debet regar­dum, scilicet de tercio anno in tertium annum: Carta de Fo­resta. cap. 6. By which words of the said Statute, there are two things especially to be noted: First, that the regard of the Forest ought to be made euery thirde yeare. Secondly, the time when all the Dogges in the Forest ought to be viewed whether that they be expeditated or not: and then all the Dogges that are found to be vnexpeditated, they must be expedicated according to this law. And this is also to be done euery thirde yeare, when the Regarders do make their re­gard of the Forest.

And then the letter is further as followeth, Et tunc fiat per [Page 205] visum & testimonium legalium hominum, et non aliter. In these words of the said Statute it is plainly set downe,The Regard of the Forest ought to be made euery third yeare. how the expeditating of Dogges within the Forest shalbe made, which is by the view and testimonie of good and lawfull men: So that it doth hereby appeare, that before there can be any expeditating of dogges within the Forest, there must be an inquisition and view taken throughout all the Forest by the Regarders of the same Forest, to the ende that thereby it may first appeare by matter of Record to the Court, what manner of Dogges they are that are vnexpeditated within the Forest. For some Dogges are not to be expeditated, as Greyhounds and such like: for they may not be kept within the Forest although that they were expeditated: for no Dogges shalbe expeditated but onely the Mastife or the Mungrell of the Mastifes kynde: and of such kinde of Dogges it is that the Statute doth meane. And also who is the proper owner of such Dogges as are so remaining within the Forest vnexpeditated, to the ende that they onely who are the proper owners of such Dogges, may be compelled to paye the fyne for the same offence. And then when the same Regarders haue ta­ken such view and inquisition of such Dogges, as is aforesaide, the same must be certified and returned by the certificat and pre­sentment of the said Regarders of the Forest. And this is the meaning of these wordes, Per visum & testimonium legalium hominum, And in this sort the expeditating of Dogges must be made. And if it be made otherwise, then the same is void by those wordes et non aliter. Maister Hesket in his reading of the lawes of the Forest vpon the words aforesaid, saith as followeth. It appeareth, saith he, by the letter of the Statute aforesaid, that the inquirie and view of the expeditating of dogges shalbe made when the regard is made by the same Regarders as one Article and parcell of their charge: and that doeth appeare to be euery third yeare: And that then the same shalbe done by the view and testimonie of good and lawfull men, and that is, saith he, by the view and testimonie of the same Regarders. And he saith fur­ther, that before the making of that Charter of the liberties of [Page 206] the Forest, the law of the Forest was, that expeditating of doggs should be made wheresoeuer the wilde Beastes of the King haue their peace and rest, and haue vsed to haue their peace and rest, as it doth appeare in the Assises of the Forest, made in the time of H 2. Cap, 11. But saith he, the certeintie of the expeditating of Dogges was not knowen nor expressed vntill that this Charter of the Liberties of the Forest was made, which now doth declare and expresse the certeintie of fiue things that were not certaine before,Fiue things are put in cer­taintie by the Statute. that is to saye: How the same shalbe done. At what time the same shalbe done. In what manner the same shalbe done. Who shall do it. And the certaintie of the fyne or amer­cement of the offender.

And it is to be vnderstood, that although the expeditating of Dogges be one of the Articles of the Charter De Regardo fi­endo, as it doth appeare there, Cap. 13. Yet the letter of this Statute here hath not now made the lawe so straite that of neces­sitie the inquirie of the expeditating of Dogges must be made in the Court of the Regard onely, and not otherwise. For it doeth appeare that the Iustices of the Forest in their generall Sessions may inquire and determine that matter also. And so likewise the expeditating of Dogges may be inquired and determined at the Courts of the Forest called the Swanimotes, as it doth appeare by the charge of the Courtes: But that is onely by the present­ment of an Inquest, and then that presentment must be affirmed by the Foresters, Regarders, and all other officers and ministers of the Forest before the Iustices of the Forest, the expeditating of Dogges shalbe inquired onely by a Iurie or Enquest. And in that Court of Regard it shall not be onely inquired, of the expe­ditating of Dogges by the Regarders: But they onely ought to haue the view of that matter when that they do make their Re­garde vpon the said view and perambulation, or otherwise, the same is a voide inquirie and presentment by them vpon those wordes aforesaid, Et non aliter, Which words shall haue relatiō to that intent onely, and not to the time, nor to the Court where the Articles shalbe enquired. For that presentment of the Re­garders [Page 207] shalbe made vpon the view of the Dogges only, euen as the presentment of the Coroner shalbe made super visum cor­poris, although that the letter of the same Statut be in the Dis­iunctiue Inquisitio vel visus. For this is helde for a learning in the Lawes of the Forest:In euery pre­sentment of the Regarders, it ought to ap­peare by mat­tes of Record that they had the view. that nothing is lawfully presented by the Regarders of the Forest, if it do not appeare by matter of re­corde that they had the view of the same in their perambulation. And Maister Hesket noteth further, that by the letter of the saide Statute, there is full authoritie and power giuen to the Regar­ders to inquire and determine that Article for and concerning the hameling of Dogges. For before the making of this Charter of the Liberties of the forest: The Regarders did not meddle in this Article, but onely with Wastes, Assarts, purprestures, and such like within their regard onely, as it doth appeare in the As­sises of the forest of H. 2. Cap. 10. And now by the letter of the Charter of the forest aforesaid, the Lawe is inlarged greatly tou­ching this Articles, more than it is concerning any other Article of the Regard of the forest. For the Regarders cannot procéede any further in any other Article of the Regard in their charge, but onely to view and inquire of them, and then to inroll their pre­sentments: and then when they haue so done, they must also cer­tifye that presentment before the Iustices of the forest, at their comming into the forest, when they do holde the generall Sessi­ons of the forest, and then there the offences that they haue pre­sented shalbe determined. And before that time nothing shalbe done by Proces or otherwise: But all the presentments shall lye dead vntill then. But otherwise it is of that Article of Expedita­ting of Dogges: for that the Regarders haue authoritie to heare and determine the fyne or amercement for that matter onely, be­cause that the fyne is alreadie by the saide Charter set down and made certaine. The words of the Statut are further as follow­eth, Et ille cuius canis inuentus fuerit tunc non expeditatus det pro misericordia tres solidos. By these wordes of the Charter aforesaid, here are two things especially to be noted. The first is, that it must be found by the inquisition and view of the Re­garders, [Page 208] what maner of Dogg it is that is vnexpeditated. And who is the owner of the same Dogg, that is by Law to be char­ged with the fyne or amercement for the same. The second is, that he whose Dogg the same is, shall paye for his amercement 3. s. which is certaine:Master Hesket fo. 27. So that now the certaintie of the fyne or amercement is here specified and declared, and who shalbe char­ged with the same. But (saith Master Hesket) it is to be vnder­stood, that the same 3. s. shalbe taken or leuyed vpon the determi­nation of the view and inquirie which shalbe done so soone as the regard is made, as is aforesaide, and their view and inquirie cer­tified of recorde. Then, if in case that the Regarders by their view and presentment do finde and present one Mastiffe within the fo­rest which is not hameled or expeditated according to the Lawes of the forest: And they say further in their presentment, quod ig­norant' cuius Canis ille est, that is a voide presentment, If that there be no other wordes afterwardes to helpe the same: but yet neuerthelesse the same dogg shalbe taken and kept by the officers of the forest, or else auoided away cleane from the forest, if no per­son will claime the same dogg. And if that any person do claime the same dogg by Accion of trespasse, or repleui, or otherwise by matter of recorde, as a man may verie well as it séemeth, and the same Accion is tryed and thereby proued to be his Dogg that so did claime him: Then vpon that tryall and vpon the first present­ment, the same owner shalbe amerced to the King thrée shillings, according to the saide Charter of the forest.

And if the: Regarders doe finde and present one dogg vt supra, which is the dogg of one Iohn Astile: that is a good indictment: and the saide Iohn Astile cannot disclaime nor saie that the same is not his dogg generally: and the cause is as Maister Hesket & Maister Treherne do think by reason of the letter of the Statut, which is, quod ille cuius tunc inuentus fuerit &c. So that if it be there so found by matter of record for the king: then Iohn Astyle shall paye his amercement: for he cannot counterplede that poynt generally against the presentment or returne of the officers of the king, that are sworne.

And if a man be indited that he did kéepe one Dogg of one Iohn Astyle within the Forest not hameled, contrary to the lawes of the Forest: If before the Iustices of the Forest he doe plede that the dogg is not his: that is no plee without saying to whome the propertie of the dogg is, as to Iohn Astyle &c. And if the Iurie do finde that the propertie of the dogg is not to the said Iohn Astyle, nor yet vnto Iohn Adowne: that is no sufficient verdict, without finding to what other person the propertie of the dogg was. For in that case it is like to a man that is indicted by the Coroner, super visum corporis, and he doth plede not guiltie: and so it is found by the Iury that he is not guiltie: yet that is no sufficient verdict without presenting one other person that did the murder, which presentment shalbe in the nature of an enditement against him: so that if he plede not guiltie, that is no plee, nor yet to finde him not guiltie, is not any verdict against such a present­ment vt supra.

If the Regarders doe finde and present such a Dogg at the house or in the house of Iohn A downe within the Forest: yet that Iohn Adowne shall not bee amerced by reason of such a present­ment. But if the Regarders doe find that Iohn Astyle did kee [...] such a Dogg within the Forest: that is a good presentment for to charge Iohn Astyle with the amercement of that Statute. But if the Regarders doe finde and present that Iohn Astyle did deli­uer one Dogg to Iohn Adowne, to keepe within the Forest: and that he kept that dogg there: In that case the deliuerer or bayler shalbe charged vpon that presentment and amercement according to the saide Charter, and not the baylee or he to whome the dogg was deliuered.

But if the Regarders doe finde and present that Iohn Astyle did deliuer the saide dogg for a certaine time to keepe vnto Iohn Adowne, which Iohn Adowne did keepe the same dogg within the Forest not hameled. There both the bayler and the baylee shal be amerced. But if it be found that the dogg that was so deliuered was a pledge or a morgage for money vt supra: there he to whom the dogg was delyuered onely shalbe charged of the amercement, [Page 210] and not the baylor.

And if it bee found and presented that Iohn Astyle as a tres­passer, vi et armis, did take the dogg of one Iohn Adowne, and did keepe him within the Forest not expeditated: Iohn Adowne the owner shalbe charged of the amercement, & not Iohn Astyle the trespasser. So it is if it be presented that Iohn Astyle vi et armis, doe take the dogg of one Iohn Adowne from him: And he vpon that brought a repleuie, and that Iohn Astyle so kept that dogg within the forest not expeditated: There Iohn Adowne the verie owner of the dogg onely shall be charged of the amerce­ment, and not Iohn Astyle that kept his dogg. Nowe the let­ter of the Statute is:

Det pro misericordia tres solidos.

So that if it be presented and founde that one Iohn Astyle hath 2. doggs within the Forest not expeditated: he shall not be a­merced for euerie dogg thrée shillings, but onely thrée shillings for all the offence. But if two men haue ioyntly or in common one dogg within the Forest not expeditated: There euery one of them shalbe amerced to three shillings seuerally.

But otherwise it is if it be founde and presented that the hus­band and wife haue one dogg, by reason that the wife is executrix to him to whome the dog was belonging: There the husband only shalbe amerced but to three shillings.

And if it be found by the Regarders of the forest, in their inqui­sition: that a Duke, an Earle, a Baron, or any other person of the Realme, Spirituall or Temporall, doe keepe such a dogg with­in the Forest vnexpeditated: he shall pay but onely the amerce­ment of three shillings, according to the letter of the Charter of the liberties of the Forest, and not any amercement according to his dignitie and degree as they doe at the common lawe. But if such a great person of dignitie or honor be presented and indicted for the keeping of such doggs before the Iustices of the Forest: there they shalbe out of the remedy and Priuiledge of that letter, and then they shalbe amerced for the same by the Iustices of the Forest at their discretion,Hesket fo. 28. according to their dignitie and estate

And it is to be noted vpon that word Det, that the said amerce­ment of three shillings shalbe leuied by distresse, presently before the comming of the Iustices of the Forest. For in this case the same is like to the amercement of a Leete, as it doth appeare by the rolles & presentmentes of the Regarders in diuers Forestes. And so you may see that this Article for the inquisition and view of expeditating of doggs doth differ from euerie other Article of the regarde: For the Regarders themselues may cesse the fine concerning this Article: And the same fine shalbe leuied presently by the Foresters of the Forest.

So that now you may perceiue by the verie construction of the letter of the Statute aforesaide, that the meaning of these words, Et ille cuius canis inuentus fuerit tunc nō expeditatus det pro misericordia tres solidos, is as much as to saie: that hee whose dogg is founde by the inquisition & view of the Regarders, and by their certificat presented to be vnexpeditated, he shal pay 3. s. for a fyne for his dogg: and yet neuerthelesse he must haue his dogg expeditated, if he will keepe his dogg within the Forest.

Now the words are further, Et de cetero nullus bos capiatur pro expeditatione canum: By these words it doth appeare, that before the making of this Charter of the Liberties of the Forest, it was then an vsuall thing, that for euery default or offence of the Forest, the Foresters would distraine his Oxe, which often times was of a great price. And sometimes also the same was done of malice and euill will, to vexe and trouble the offenders without any iust or lawfull cause. And therefore this Article of the saide Charter hath greatly mittigated that great amercement & vexa­tion, and hath here set downe a reasonable amercement, that is to say, thrée shillings: and doth now prohibit that from hencefoorth no Oxe shalbe taken for the expeditating of any Dogges.

Then the wordes are further as followeth, Talis autem ex­peditio fiat per Assisam communiter vsitatum videlicet quod tres ortelli abscindantur sine pellota de pede anteriori: In these words here is set downe and declared what manner of expedita­ting of Dogges hath beene vsed heretofore by the auncient Assi­ses [Page 212] of the Forest, which is, that the three clawes of the forefoote on the right side shalbe cut off by the Skinne. And also here is further added to it a confirmation, that is to saye: that the same manner of expeditating of Dogges shall be still vsed & kept, and no other manner of expeditating of Dogges.

The words are further, Nec expeditentur Canes de cetero nisi in locis vbi consueuerunt Expeditari tempore primae Co­ronationis praedicti Regis Henrici aui nostri. Assisa Forestae H. 2. The declaration of the meaning of this branch of the Statute doth appeare in the Assises of the Forest of King H. 2. Cap. 11. in which Assises it is declared that hameling or expeditating of Dogges shall be made Vbicunque ferae Regis pacem habent vel habere consueuerunt: that is to saye, the expeditating of Dogges shalbe made where­soeuer the wilde beastes of the King haue a place of firme peace, or haue vsed to haue a place of firme peace. Maister Hesket in his reading of the Lawes of the Forest,Maister Hesket fo, 28. saith, that if the King do afforest certain land after the saide Coronation, where the wilde beastes of the King now haue their peace and rest, there shal be hameling or expeditating of Dogges: and yet such hameling of Dogges was not vsed there at the time of the said Coronation.

The same lawe is if a man haue lycence to inclose his lande where the wilde beastes of the King onely at the tyme of the Co­ronation vse to haue their haunte and rest: and he doth inclose the same land with stone walles:Expeditating of Doggs. so that the wilde beastes cannot haue their haunt there, by reason whereof they do chaunge their haunt and rest, and doe resort to some other place whereas they did not vse at the time of the Coronation: yet there shall be hameling of dogs: Notwithstanding the words of the Statut are as aforesaid. And the like lawe is of the contrarie parte. For if the place where the wilde beastes haue had their haunte and rest at the tyme of the saide Coronation: And where at that time there were hame­lyng and expeditating of Doggs vsed:Hameling of Doggs. If afterwardes the same place be disaforested? then after such disaforesting of the same, ther shall not be expeditating of doggs any more vsed: notwithstan­ding that expeditating of doggs was vsed there at the tyme of [Page 213] the saide Coronation. So it is also if such haunte and rest of wild beastes and expeditating of doggs were vsed at the tyme of the saide Coronation, by vsage, by matter in fait in the countrey:Expeditating by matter in Fait. and not by matter of recorde, as by presentment, or by amercement for such offences, there if the haunte and rest of the wilde beastes be chaunged from thence to another place, then at this day there shall not be any hameling of doggs in that place, where in deede the same was vsed at the tyme of the saide Coronation: for that, that no vsage was of that there after the tyme of memorie, and the vsage before is but matter in fait, which cannot be tryed nor lye in notice, or vse, now at this daie.

The same law is if the king do graunt to Iohn Astile a francke Chase through out all his landes within the Forest of the King, and within those landes the wilde beastes haue vsed to haue their haunt and rest vpon that lande, and before that graunt made, there was alwaies halmeling of doggs vsed: Yet now in this place the doggs of Iohn Astyle the grauntée of the king shall not be hame­led, although the contrarie were vsed at the time of the Coro­nation.

The same lawe shalbe where the king doth graunte lycence to Iohn Astyle to make a Parke, & to imparke certaine of his lands within the Forest, and he shall haue the Priuiledge of a Parke and Saltarie there, and he doth make the same Parke and Sal­tarie, according to his graunt: in which place before that tyme ex­peditating or hameling of doggs was vsed vt supra: there his doggs within the Parke shall not be hameled: but in neither of these two last cases the doggs of any other person, be it his Ser­uant or other straunger, they ought to be hameled within that Parke or Close. And this much concerning hameling of doggs.

It may peraduenture here be demaunded what doggs shall be expeditated by this Statut. And what doggs a man may lawful­ly keepe within the Forest. And to this question I answer, that by the Assises of the Forest, it is most playne that there are two sortes of Dogges that may bee suffered to bee kept within the bounds of the Forest, which are Mastiuos et pa [...]uos catulos, and [Page 214] all other doggs are forbidden by the Lawes of the Forest, to re­mayne within the bounds of the Forest. But any inhabitant with­in the Forest may lawfully kéepe a Massiue for the safetie of his house and goodes in the night: so that the same Mastiue be expe­ditated and lawed according to the assises of the Forest,Assisa et Con­suetudines Fo­restae Articulo 9. as it doth appeare in Assisa et Consuetudines Forestae Articulo 9. In these wordes: Si quis Mastiuus inuentus fuerit super aliquam feram, et mutulatus fuerit, ipse cuius erat, quietus erit de illo facto, si non fuerit mutulatus ipse cuius fuerit Mastiuus, erit culpabilis tanquā de manupasto suo. Et debet poni per sex plegios quorū nomina debet imbreuiare et etiam qualis fuerit canis. So that hereby you may note that a man may keep a Mastiue within the Forest lawfully if that he be expeditated: Although that such a Mastyue be found vpon a Deare, the owner of the same Mastiue shalbe quite of the offence. Also it doth apeare in Assisa et consue­tud'Forestae Art. 16 that a man may lawfully keepe little doggs within the Forest, that can neither feare nor hurt the Kings wilde beasts of the forest: for the words are as foloweth, nullus messari­us ducat secū Mastiuū magnū ad fugādū feras domini regis, Assisa et Con­suetudines Fo­restae Artic. 16. sed paruos catulos ad expectādum extra copertū: By which words you may here note that a man may not lawfully driue the Deare out of his Corne with a great Mastyfe, but with a little dogg that can but looke after them out of the couert: so that such little doggs as doe not dare to follow the Kings wilde beastes into the couert of the Forest, nor to runne after them to feare them, may be kept lawfully within the Forest, and such doggs shall not be expedita­ted, nor any fyne paide for them, for they are out of the meaning of the words of the Statute of Carta de Foresta aforesaid.

Carta de Fo­testa Artic. 7.The wordes of the Statute are further, as followeth, Nullus Forestarius vel Bedellus de cetero faciat Scottallas, vel colligat herbas, vel auenam, vel bladum, aliquod, vel agnos, vel porcel­los, nec aliquam collectam faciat, nisi per visum & sacramentū duodecem regardatorum, quando facient regardum. Tot Fo­restarij ponantur ad Forestas custodiendum, quot ad illas custo­diendum rationabiliter viderint sufficere.

Here it doth appeare by the examination of this braunch of the Statute, what great oppressions and extortions in tymes past were offered and done to the inhabitantes and dwellers within Forestes, or neare vnto Forests, and vnto such as had any landes or woodes within the Forestes by the Foresters and other offi­cers of the Forest: And therefore this braunch of this Statute was made as it were vpon the generall complaynt of the whole comynaltie of this Realme, for a speciall prouision and remedie for the auoyding of those myschiefes, which the comynaltie were then so oppressed withall. Which saide myschiefe and oppressions doe séeme by this Statute to be two foulde, that is to saie. First the extortions of the Foresters and other officers of the Forest. And Secondly, the multitude of those officers by whome they were so oppressed: and as the myschiefes at the tyme of the ma­king of this Statute were two folde: so the prouision and reme­die of this Statute is twofolde likewise. The first is a generall prohibition for the auoyding of all manner of extortion by any officer of the Forest, begynning in these wordes: Nullus Foresta­rius vel bedellus de cetero faciat scottallas, vel colligat herbas, vel auenam, vel bladum aliquod, vel agnos, vel porcellos, nec ali­quam collectam faciat nisi &c. The Second is a generall prohi­bition, made for the auoyding of all manner of surcharging of the Forest with ouermanie Foresters and Walkers, and other vnder officers: to the ende that there shoulde be no more of those officers in the Forest, then might resonably suffice for the kéeping of the kinges wilde beastes: and so by reason of the diminishing of those officers, their extortiō might also the easelyer be deminished. And as concerning the fyrst prouision of the Statut, which is for the a­uoyding of extortion. It is to be vnderstood that there are Seuen things forbidden in this braunch of the Statute, which are, those things wherein the e [...]tortion of those officers in times past was most chifely committed: which are as followeth.

That is to saye: that no Officer of the Forest shal by coulor of his office onely make any

  • 1 Scottall.
  • 2 Or gathering of any Hey.
  • 3 Or Oates.
  • 4 Or any other Corne.
  • 5 Or Lambes.
  • 6 Or Pigges.
  • 7 Nor shall make any maner of gathering.

Now it is to be séene what thing Scottall or Scottale is. And for that it is to be vnderstood that a Scottal or Scottale is, where any officer of the Forest doth keepe an Ale-house within the Fo­rest,A Scotale is a kinde of extor­tion. whereas he is an officer and by color of his office doth cause men to come to his house, and there to spend their Money, for feare of hauing his displeasure: this is called a Scottall, & this is to be inquired of, per duodecim iuratores at the Swanimote, and also at the generall Sessions of the Forest. And if such a Forester or officer of the Forest be attaynted of any such offēce, then he is to be punished for the said offence, and also to be put from his said of­fice. And the like lawe is, where any Forester or other officer of the Forest doth kéepe any game, or sell any Ale at a certayne daie, and by color of his office doth cause the people to spend their Mo­ney with him: this is also a Scottale. But if a Forester or other officer of the Forest be robbed, or haue his house broken or burned by mischaunce, so that by those meanes he is vndone, and he doth desire the people of the Forest for his releefe, to come and drinke with him, and to giue him their money for charities sake. This is no Scottall,Colori officij virtute officij. nor yet any extortion: for a Scottall is extortion be­cause the same is taken Colore officij, & not virtute officij. But whatsoeuer is taken virtute officij, is not extortion: Note the difference.

And in like manner it is, if any Forester or other officer of the Forest, by coulor of his office onely do oppresse the people of the Forest that haue any common of pasture within the same forest: and do secretly compell them, in respect to haue his fauour, to [Page 217] giue them Hay or Oates, or any other Corne, or Lambs or Pigges:It appeareth by the worde, (de cetero) that before the making of this Statute, these extorti­ons were vsed. or doe make any manner of collection for any Mony or any other things: This is extortion, and is now prohibited by the Statute to be vsed any more hereafter: For the wordes are de cetero, that is to saie, from hencefoorth, that is, from the making of this Statut, such things shal not be vsed. And if any officer of the Forest do vse any such Scottall or gathering now at this daie, the same is extortion by the lawe, and the offender therein is to be punished for the same as an extortioner in this case. And then it followeth with a further addition vnto it: Per visum et sacramentum duodecim regardatorum quando faci­ent regardum: so that although the making of Scottales and gathering of Hey or Oates, or any other Corne, or Lambs or Piggs, or making of any manner of collection by any Fo­rester or officer of the Forest, is vnlawful in some cases: (as where any such thing is newly exacted vpon the people of the Forest without any good tytle or right to the same:) yet in o­thersome cases al those things that are here prohibited and for­bidden by this Statute may be lawfull, so that the same, vsage had his begynning by good and lawfull tytle, which may be in three sortes which are as followeth.

  • 1 By Tenure.
  • 2 By Graunt.
  • 3 By Prescription.

1 The first is, by Tenure, as where a man doth hold cer­taine lande of the Kings within the Forest,By Tenure. to paye vnto any officer of the Forest euery yeare at his Scottall xii. d. or. v. s. or one Sheepe or Lambe: this is not extortion nor within the letter of this Statute, for this is not done Colori officij, that is by color of his office onely without any other right or ty [...]le to the same: but this is a thing done virtute officij. And in like maner it is if a man do hold land of another man, paying for the same a certaine rent, and also to paye yearely to a Forester or other officer of the Forest certayn Oates or Corne or such like: this is not extortion nor within the letter of this Statute.

So it is if a man doe giue land by his deed inrolled vnto an­other in tayle, to finde or to giue vnto the Foresters of the Fo­rest a certaine collection euery yeare. In this case if the donee will not paye nor delyuer the sayde collection accordingly, the foresters or other officers of the Forest haue not any remeadie by the law to compell the said donee to paie the saide collection. But otherwise it is of the King himselfe, for he may by endict­ment in respect of his right of the Forest haue remedie: And in this case the donor himselfe may compel him by distresse to pay the saide collection vnto the saide officers of the Forest: And notwithstanding that the donee do paye the same collection vn­to the donor, and not vnto the said officers of the Forest accor­ding to the Tenure, yet that donee shall not be discharged by that payment, but that the donor may in this case distrayne the donee a new for his seruice not done.

2. By graunt.2 The second is, by graunt, as if any man dwelling within the forest wil grant vnto the King a certain collection or a cer­tain profit for his forester or other officer of the forest, to be recei­ued yearly by the said officers: In this case the said Foresters or other officers of the forest may lawfully gather that collectiō or other profit, notwithstanding the prohibition of the said statut.

The same law is if a man doe graunt to such an officer of the Forest any such collection, profit or other thing in Sustentatio­nem officij, that is a good graunt, and by that graunt the said officers of the Forest which haue such a graunt may lawfully take and gather such a collection: notwithstanding the prohibi­tion by that letter of the Statute, and vpon the first case the King may force him to come and to paye the said Foresters the saide collection or other profit, by an assise or information for the King before the Iustices of the Forest, by a datum est curiae intelligi, that the grauntee will not paye such a collection accor­ding to his graunt may compell him to paye the same, and also in the said Second case he shal be forced to performe his graunt by an Action of couenant.

3. By prescrip­tion.3 The third sorte or manner of lawfull gathering of such [Page 219] thinges is by prescription, and that is onely where there hath beene a forest and officers there, the tyme whereof the memory of man is not able to remember the contrary: for in that case to alledge that the Forest was made after the lymitation of the writ of right doth auoyd the custome and prescription cleane.

A Forester in fee may prescribe in him & his ancesters to haue three halfe pence euery daie throughout the whole yeare, pro victu suo, & he may lawfully gather the same, notwithstanding the prohibition of the said Statute.Hesket f. 30. E. And the lyke lawe is in all cases of prescription where the same prescription is lawfull.

So a Forester of fee may prescribe to haue all the wind-fal-wood, or Mort boys within the forest, or thorowout all his bay­liwike, and in like manner all the browswood that is felled for bruse in Winter for the Deare. Also a Forester may pre­scribe to haue the vmbles, & also one shoulder or both the shoul­ders of euery Deare that is killed within his Bailiwike, and likewise the skinne, and this is a good prescription in lawe.

And whereas the words of the Statute are Nisi per visum & Sacramentum duodecem regardatorum. It is to be vnder­stood, that these words do permit and suffer some sort of scot­tals and collections made by the Foresters and other officers of the Forest to remaine and continue still at this daye: So that the same be such Scottals or collections as had a lawfull be­ginning at the first, as hath beene shewed before, which of ne­cessitie must be in one of those three degrees aforesaid. And also that the foresaid Scottals or collections must be found & pre­sented by the view of the Regarders vpon their oathes when they do make their regard of the Forest, that the said Scottals or other such like collections had a lawful beginning at the first, as by Tenure: by Graunt: or by auncient Prescription: so that thereby it may appeare by their view and oathes, that the said Scottals or collections which the Foresters and other of­ficers of the Forest do so vse to make, is a thing that is law­fully done by right and good title to the same, and not wrong­fully exacted vpon the people by colour of their office onely.

The letter is further, Tot Forestarij ponantur ad Fore­stas custodiendum quot ad illas custodiendum rationabiliter viderint sufficere, Before the making of this Statute the Foresters and keepers of the Forest, and others which had Bailiwikes of Fee within the Forest would appoint and place many more Foresters and walkers to keepe the Forest then were needefull, which multitude of such officers did oppresse the people by sundrie Extortions for their maintenance to keep them because they had no wages or allowance of their masters, but such things as they could get of the people by oppression & extortion by colour of their office. And therefore, now it is or­dained by this Statute for the auoiding of the same, that there shall not be any more Foresters or Walkers in any Forest then shalbe thought meete and conuenient by the discretion of the Regarders when they do make their regard of the Forest. And if the Regarders do finde that there be more Foresters & walkers than are needefull, and also more then hath bene accu­stomed to be in auncient time: Then vpon their presentment of that matter,The Statut of Ordinario Fo­restae, made in Anno. 34. E. 1. cap. 4. They shalbe remoued by the Iustices of the Fo­rest. And the offenders in this behalf shalbe punished, as it doth appeare by the Statute called Ordinatio Forestae, Cap 4. in these wordes: Et si superoneratio Forestarum aut aliorum qui se gerant vt ministri Forestae inueniatur, amoueantur huius­modi superonerantes, Ordinatio Fo­restae cap 4. & imprisonentur secundum discretio­nem Iusticiariorum Forestae vel eius locum tenent', necnon & illi, per quos positi fuerant ad voluntatem nostram similiter puniantur, The punish­ment of sur­chargers of Forests with officers, & ad quodlibet Swanimotum inquiratur de super­oneratione Forestariorum, & aliorum ministrorum Forestae, & de eorū oppressionibus populo nostro & fiant inde emende & punitiones, pro vt superius est expressum. Hereby it appea­reth, that this manner of surcharging of the Forest, is to be in­quired of also in the Court of Swanimote: and then if any such be there found, the same is to be certified to the Iustices of the Forest: And they are to remoue such surchargers of the Fo­rest. The punishment of such offenders is expressed by the [Page 221] words aforesaid. And it doth appeare by those words, Quot ad illas Custodiendum rationabiliter viderint sufficere: that the number of the Foresters and other officers of the Forest a­foresaid are to be established by the discretion and othe of the Regarders, as it doth appeare by those words, Viderint suffi­cere, and that shalbe according to the quantitie of the ground of the Forest. For if the Foresters haue diuers Bayliwikes and Walkes:In capitulis at­tachiamento­rum. then there ought to be one Forester or more in euery Walke or Bailiwike within the Forest to walke the same as it is proued by the tenth Chapter de Capitulis attachiamentor' que voit Quod Forestarij mane surgant & in Balliuam eant & ibi more faciant vsque ad horā nonam & tunc eant ad pran­dium. Et cito post prandium redeant in Balliuam suam videli­cet, in partes illas vbi non fuerant ante prandium & ibi eant audientes & insidientes, How and in what manner a Keeper or Forester shall walke. ne quis in ea malum faciat vsque ad vesperum. Et sic faciat singulis diebus. And whereas the words of the Statute are Nullus Forestarius nec Bedellus: It is to be vnderstood, that this word Bedellus a Bedell is an Of­ficer or seruant of the Forest that doth make all manner of gar­nishments of the Courts of the Forest,Quid est Be­dellus. and also all manner of Proclamations aswel within the Courts of the Forest as with­out: and also to execute all the Proces of the Forest. He is like vnto a Baily Errant of a Shirife in his Countie. And here it is also to be noted, that although the letter of the Statute doth speake but of a Forester & a Bedle, yet neuerthelesse the same Statute doth extend to all other officers in the Forest, aswell as to the Foresters and Bedles, for the Statute was made for the redressing of one generall mischiefe: and therefore the saide Statute shall not be saide to redresse it in parte, but in all: like as the Statute that doth speake but of the Warden of the Fleete onely, and yet the same doth extend to all other Kée­pers of prisons aswell as to the Warden of the Fleete, for as much as the same statut was made for the redressing of a gene­rall mischiefe, & yet the letter thereof speaketh but onely of the Warden of the Fleete: & the like is of diuers other Statutes.

The letter of the Statute is further as followeth: Nullum Swanimotum de cetero teneatur in regno nostro, nisi ter in anno videlicet, &c.

Carta de Fo­resta, artic. 8.THe chiefe scope of this braunch of the Statute tendeth to this end and purpose to establish and set downe the time certaine for the holding of the Courts of the forest, that is, the Court of Swanimote, and the fortie day Court, and that for two causes. The first is, because that all the officers of the forest and all others that shall haue any thing to doe at these Courtes of the forest might by this braunch of the Statute knowe the tymes of these Courtes certaine, which before were vncertaine. The Seconde is, that for as much as before the making of this Statute there was no time certaine lymitted for the holding of these Courtes of the forest: And therefore the chiefe Wardens and foresters of the forest did hold the Courts of Swanimotes as often as they themselues would, and con­strayned the people which did dwell within forestes thereby to appeare at these Courtes so often, that the same was a great oppression vnto al the people of the forests within this Realme, & oftentimes great exactions were paide by the inhabitants of forests to the officers of the forest, to haue their fauour & frind­ship rather then they would appeare so often at those Courts: therefore now these mischiefes are avoyded and prouided for by this Statute, which willeth and appoynteth that from the time of the making of this Statute, the Courtes of Swani­mote shalbe holden but thrice in the yeare: and the Statute doth also there set downe at what daies in the yeare the same Court shalbe kept,Hic ante pag. 31. Artic. 8. pag. 18. Art. 8. Vide the Sta­tute, and there note 4. things. and where, and what officers and other persons shalbe compelled to appeare there, and to giue their attendance at these Courtes: as it hath beene shewed before pa. 92. and as the same doth appeare by the Statute it selfe at large here be­fore pa. 31. And whereas the letter of the Statute is, that no Swanimote from hencefoorth shall be kept within this our Realm but thrice in the yere: First the xv. daie before Michael­mas, [Page 223] when that our Agystors of our Woods do came together to take agistment in our demeasne Woodes. And about the feast of Saint Martin in Winter,1. How often the Swanimot shalbe holden in a yeare. 2. At what daies in the yeare they shal be holden. 3 What offi­cers shal be there. 4 At what place the same shalbe kept. when that our Agistors shal receaiue our pawnage: and to these two Swanimotes shall come our Foresters, Verderors, Agistors, and none other by distresse. The third Swanimote shalbe kept in the beginning of 15. daies before the feast of Saint Iohn the Baptist, when that our Agistors do meete togeether to hunte our Deare. And at this Swanimote shall meete our Foresters, Verderors and none other by distresse. Yet neuerthelesse it is to be vnderstood that as the lawe is nowe at this daie, all the officers of the Fo­rest ought to appeare at euery Swanimote, as the Verderors Regardors, Agistors, Woodwardes, and all other persons within the compasse of the Forest which are free holders, and also de qualibet villa et villata quatuor homines et proposi­tus: that is to saie, of euery Towne and Village within the fo­rest, the foure men and the Reue: for although that this Sta­tute of Carta de Foresta were made in the negatiue of the Law and vsage that was before the time of the making of the same, prohibiting thereby that no other person but onely those before recyted shalbe compelled to come to the said Courtes of Swa­nimote by distresse, yet that lawe is nowe alterrd by a later Statute made in Anno 34. Edwardi primi called Ordinatio Forestae. Vide le briefe de Sommons. hic anre pag. 155 Vide Assisa Forestae, art. 7. And also by a Statute made in Anno 1. Edward 3. Caput 8. For the wordes of the Statute of 34. of Edward 1. are these, vz, First we haue decreed for vs and our Heires, that of trespasses hereafter to be done in our forestes of gréene hugh & of hunting: The foresters within whose bailiwikes such tres­passes shall happen to be committed, shall present the same at their next Swanimote, before the Foresters, Verderors, Re­gardors,An. 1. E. 3 c. 8. Hicante Pag. 41. nota ibidē, 24 Agistors, and other ministers of the same forest. And vpon such presentments there before the Foresters, Verderors, and all other ministers aforesaid, by the othe aswel of Knights as of other honest and lawfull men of the nearest parts where the trespasse so presented shalbe done, not suspected, by whome [Page 224] the truth of the matter may be fully inquired of, and the trueth so inquired of, the presentments shalbe solemply affirmed and sealed with their Seales, by the common agreement and assent of all the ministers aforesaide. And if the indictment bee made in any other manner, the same shall be vtterly voide. So that now it doth appeare by this later statut, that the foresters, Verderors, Regardors, Agistors, and all other ministers of the forest: And also the freeholders and other honest and lawful men of the forest must of necessitie appeare at the Courtes of Swanimote, according to this latter Statute, for otherwise the endictmentes that are there made against trespassers of the forest are voide: for all the officers of the forest must affirme the same endictment, and the partie endicted must be indicted be­fore all the officers of the forest: Then Ergo all the officers of the forest must of necessi [...]ie by this Statute come to the Swa­nimote Courte: And there also must be at the Courte of Swa­nimote the freeholders of the forest and other good and lawfull men, for to make enquestes & iuries there: for the presentments there by the words of the Statute aforesaide must be made per sacramentum tam militum quam aliorū proborū et legaliū hominum de partibus vicinoribus vbi &c. Then Ergo there must be fréeholders & other honest men of necessitie: notwith­standing the wordes of the saide Statute of Carta de Foresta aforesaide: and therefore although that the same Statute doth speake but of thrée sortes of officers, that is to saie, of foresters, Verderors and Regardors, that are compellable to come to the Court of Swanimot by distresse. And also saith further: Et nul­li alij per districtionem: Yet notwithstanding the Regardors, Woodwardes, and all other officers of the forest: And also all the free-holders within the forest, and the foure men, and the Reue of euery Village within the forest must come to the saide Courtes of Swanimote and giue their attendance there: for if any of them do make default at any Court of Swanimote that is holden within the forest: euery such defaulter shalbe amer­ced for the same default, & the same amercemēt shalbe estreigh­ted [Page 225] out of the chiefe Warden of the Forest to leuy the same by distresse: and so by this meanes euery person that ought to giue any attendance at the Courts of Swanimote, shalbe com­pelled to come to the said Courtes of Swanimote by distresse, notwithstanding the letter of the Statute aforesaid.

The letter is, et nulli alij per districtionem.

NOwe it is to be séene what is ment by this word (per dis­trictionem:) And for yt it is to be vnderstood, that if any of the officers of the Forest or others, which ought to giue any at­tendance at the saide Courtes of Swanimote, and they will not come to the same but doe make default there: then that default there shalbe enrolled in the rolles of the saide Court of Swani­mote: and vpon that inrollment, the Verderors and the Stew­arde of the Swanimote or his Clarke or deputie there, by the Othe of the other officers of the same Courte, those which doe make default shalbe amerced, and that a mercement there shall be assessed also and estrayted presently to the chiefe Warden of the forest or to his deputie, or to the Bedel of the Forest (which is an officer to goe throughout all the Forest,What is ment by this worde distresse. lyke vnto the Shirifes speciall baylife) to be leuied by distresse. But in this case the Verderors may chuse if they will, whether that they will so estreat the saide amercementes vpon the defaulters pre­sently by distresse as is aforesaid, or else to certifie those de­faultes in their rolles before the Iustices of the Forest: & then the Iustices of the Forest will cause writes to be made out to the chief Warden of the Forest, or to the Shirife of the Shire where such defaulters doe dwell, to leui those said amercements by distresse, or else the Verderors if they will may certifie those defaultes into the Court of Exchequer before the Barons of the said Court of Exchequer: and then therevpon the Barons of the Exchequer will cause proces to be made out to the Shirife of the Shire to leuy the saide amercementes by distresse. And there are sundrie very good presidentes to warrant either of these thre waies aforesaid. And cōcerning distresses, as I do take [Page 226] it, those that doe make defaultes at the saide Courtes of Swa­nimote, and the same defaultes being recorded, then the defaul­ters may bee distrayned to appeare at the next Swanimote of common right: Like as vppon an originall, where a man is Sommoned and doth not appeare, afterwardes a distresse shal goe out immediatly against him, and then as it seemeth, those that doe make default there, shall be bound to a double distresse by reason of that default, that is to saie, one distresse for the a­mercement, by reason of his non apparance pro secta sua non facta, The nature of a distresse. and another for a new apparance at the next Swanimote be it sute reall or sute Seruice, or else by direct proces of com­mon right, like vnto a distresse against a Iuror to distraine him to come to the next Swanimote. But now for the better vnder­standing of the word distresse, I wil here speake somthing con­cerning the nature of the same: And where distresses may be lawfully made & taken, in such cases which doe concerne Swa­nimotes: and what things may lawfully be had or taken in ex­ecution for distresses. And for that it is to be vnderstood, that if an officer of the Forest do make default at any Court of Swa­nimote, then the chief Warden of the Forest or his Lieutenant or the Bedell of the Forest may destraine him for that amerce­ment of three shillings, or more or lesse, in any land that hee hath, or doth hold by reason of his office, if he do hold any land so. And in the like maner, he may distrayne any other land that he hath within the Forest, although that the same doe not ap­pertaine vnto his office: but he cannot distraine him out of the Forest in his landes: but he may distraine the goodes or Cat­tels of that officer,How distresses ought to be taken. although that they be in the landes of any other man within the Forest. And the same lawe is of euery other man that ought to appeare at the said Courtes of Swa­nimote, as the foure men and the Reue, Baylife, Constable, Tithingman, Free-holder, of Iuror which is Sommoned to appeare at the said Court of Swanimot, to be of any Iury for the Queenes Maiestie, or any other seruice there as in the case is afore said. And if the said chief Warden of the Forest, or his [Page 227] Lieutenant, or the saide Bedell of the Forest, which ought to distraine, cannot find any distresse of his within the Forest, then he ought to certifie the same before the Iustices of the Forests: and vpon a Testatum there, that such a person which ought to appeare at the Court of Swanimote in such a forest did make default, and for the same he was amerced, and that he hath not any lands nor goods within the Forest that he may be distray­ned by, but that he hath sufficient landes within such a County which is out of the Forest: then vpon that Testatum there shall goe a write or precept to the Shirife of the said foren Countie which is out of the Forest, where he hath sufficient of landes, ad distringendum terras et tenementa cuiusmodi A. B. co­mitat' illo &c. And then by vertue of that write or precept the Shirife may lawfully distraine him there for that amercement: and so you may see that the Iustices of the Forest vpon such a Testatum as is afore saide, may cause a write or precept to bee made to the Shirife of a foren Countie, that is out of the Forest, to leuie such a mercement by distresse: and yet they are not properly Iustices within the saide Counties, but Iustices of the Forestes within those Counties: & this is affirmed by the opinion of Maister Hesket. Master Hesket Fo, 37.

And if the Bedell of the Forest or other officer do come to distraine for such an amercement in the Forest, and the owner of the same goods, (which are to be distrained) knowing there­of by couine doth come before that the said Bedell or other offi­cer hath distrained them and doth conuey them away out of the forest: in this case, although that such an officer do freshly pursue them: yet he cānot lawfully take those goods nor distraine them being out of the bounds of the forest. But if such an officer had taken and once seised the beastes of the defaulter for such an a­mercement lawfully as a distresse, and then the owner by force had taken them from him, and so driue them out of the Forest: then the said Bedell or officer may make hue and crye & fresh­ly pursue after him, and so take those beastes from the said res­cusor in any place wheresoeuer out of the Forest. And the same [Page 228] law is, if a straunger do take those beastes from the Bedell or officer after that he hath distrained them, and then doth deliuer them to the first owner againe which doth driue them out of the Forest: then the saide Bedell or officer may lawfully pursue them and take then againe. But if that the beastes distrained vt supra, do come backe to the owner againe into his land, that is out of the bounds of the Forest by the negligence of the Be­dell or officer that ought to haue impounded them, then the of­ficer cannot take them againe:Master Mesket Fo. 38. For now the first distresse is de­termined by the comming backe againe of those beastes to the first owner, which is done without his act: for in this case it is not like to a rescous, where the owner of those beastes doeth come to the possession of them againe by his owne wrong.

But if the Bedell or other officer do distraine for any amerce­cement vt supra, and then doth deliuer the same beastes which he hath taken by distresse to a straunger to keepe to his owne vse, whereby the straunger to whome they were deliuered so to keepe, doth driue them to his owne land being within the Fo­rest: and afterwards the owner of those beastes doth take them out of his land that hath the keeping of them, and driue them out of the Forest: in this case the Bedell nor other officer can not take them againe now being out of the Forest. But other­wise it is, if that the Bedell or other officer had taken the di­stresse and deliuered the beastes vnto a straunger to keepe as a distresse: In this case, if the owner take them & do driue them out of the Forest, yet the Bedell or other officer may freshly pursue them & take them againe from him although that they be without the Forest in a forreine Countie. Note the diffe­rence where such beasts were deliuered to be kept as a distresse, and where to be kept to his owne vse.

If an officer of the Forest, or other person that ought to ap­peare at the Swanimote Court, haue land within the Forest, and the beastes of a straunger do escape into his land, by reason whereof the land-tenant doth distraine them and put them in the pound in the same lande as in one pounde: and then after­wards [Page 229] the Bedell of the Forest doth finde them there so leuant and cowchant, afterwards he may distraine them for that amer­cement. But otherwise it is if those beastes were neuer leuant and cowchant there.

If the Bedell of the Forest or other officer do break the close or the land that is inclosed with one ditch and a hedge & a gate with a lock to it, and doth there distraine for such amercement of the same man to whome the land doth belong: That distresse is not lawfully taken there. But if the gate be vnlocked, or the hedge do lye open, otherwise it is. And otherwise it is, if such officers do distraine such beastes in the high way within the Forest out of any close or inclosure.

And if one be amerced vt supra, and after that he is so amer­ced, he doth deliuer his beastes and his goods that he hath so within the Forest to another in pledge or in morgage: There the Bedell of the Forest nor other officer cannot afterwards di­straine them during the pledge or morgage.

But otherwise it is, where issues are returned vpō the lands of a freeholder within the Forest which hath made default and lost the issues, and afterwardes he doth alien that lande: there the said Bedel may distrain in that land that is aliened for those Issues that are lost. And thus much concerning distresse.

It were a thing verie necessarie here in this place to shewe of what things distresses may lawfully be made and taken. But because that the same is a matter that doth altogether followe the course of the Common Law, I will here omit it and referr you to the Register of Writtes in titulo Distresses for that matter.

The wordes of the Statute aforesaid are Conueniant Fore­starij, viridarij, & agistatores: It is necessarie nowe here to shewe what a Forester is, how he is made, & what his office is.What a Fo­rester is.

And for that it is to be vnderstood that a Forester is an offi­cer of the Forest of the King, or of another man, That is sworn to preserue the Vert and Venison of the same Forest, and to attend vpon the wilde beastes within his Bailiwike, and to at­tache [Page 230] offenders there either in Vert or Venison, and the same to present at the Courtes of the same Forest, to the ende that such malefactors may thereby be punished according to the qualitie and quantitie of their offences and trespasses.

And a Forester of the Kings Forest is made by the King him selfe by his letters Patents vnder the great Seale of England: And some such Foresters, are foresters in fee, and haue the same office to them and to their heires, paying vnto the King a cer­taine fee ferme or rent for the same,How a Fores­ter is made. Who is a Fo­ester of see. as it doth appeare by the Assises of Pickering and Lancaster. And there are other some foresters of the King that haue their office but for terme of their life onely. And againe, there are some foresters of the King that haue their office by Letters Patents from the King vnder the great Seale of England but durante bene placito onely.

And in like maner it is of other foresters that are not foresters of the King.Who are Fo­resters. And those that are seruaunts to such foresters to looke to the Forest, and to attend the Deare for them, they are not properly called foresters,Walkers or vn­derkeepers. but Walkers or vnderkeepers.

The oath of a Forester, Walker, and Vnder-keeper, hath beene shewed alreadie before, Page 51.

The othe of a Forester ante pag. 51.Now it is to be seene what is the office of a Forester. And for that it is to be vnderstoode that the whole office of a Fore­ster of the Forest doth concist in these iiii. things, that is to say:

  • To Preserue. 1
  • To Watch. 2
  • To Attach. 3
  • To Present. 4

1 And as concerning the first point, which is to preserue: It is to be vnderstood,The office of a Forester is to preserue. that a Forester or Keeper of the Forest must be a speciall preseruatour of the Vert and Venison of the Forest, without the which it can be no Forest: And therefore such an officer must alwayes haue a vigilant eye to preserue the Couerts of the Forest where the wilde beastes may haue their [Page 331] secret abyding, and also the wilde beastes which are beastes of venerie. And such an officer may not kil or destroy any of those beastes of Venerie of his owne authoritie without good War­rant for the same: for if he do, the same is cause of forfeiture of his office. And also such an officer must be verie carefull to pro­uide that the Deare may haue foode in the Winter: And for that cause the Law hath prouided that the Forester may law­fully lop Trees in another mans land vpon some speciall occa­sions for browse to succour the Deare in the Forest withall, as it hath beene shewed before. Like wise euery good Forester must be carefull for the looking vnto his Deare in the fence-moneth, which is the time of their fawning, for the preseruation of the yong Fawnes, for the encreasing of the game, according to the Assises of the Forest. And thus much concerning the first point of his office, which is to Preserue.

2 The second point of the office of a Forester is to watch, or to be carefull in attending of the Vert and Venison of the Fo­rest, to see that the same be not by any meanes destroyed: For as a Forester himselfe may not kill nor destroy any of the wilde beastes of the Forest without good warrant, nor yet cut down or destroy the Vert of the Forest: No more he must not suffer any other person to do any manner of trespas in the Forest to the hurt of the Vert or Venison of the same Forest. For it doth appeare by the Lawes of Canutus, Canon. 2. That Foresters were appointed at the first Ad suscipiendum Curam & onus tum Viridis tum Veneris.

3 Now the third point of the office of a Forester is to attach offenders or trespassers in the Forest: So that as a Forester by his office is to be a Preseruatour of the Vert and Venison of the Forest, and therefore to watch and attend the same: He is likewise to attach or arrest all such offenders and trespassers as he shall finde offending or trespassing within the Forest, to the end that they may receiue such punishment for the same as the lawes of the Forest doth in that behalfe appoint.

4 Nowe the fourth poynt of the office of a Forester is to [Page 232] present, which is, that he that is a Forester must not conceale a­ny manner of offence that shalbe done within the Forest by any manner of person, either in Vert or Venison, but present the same: and also all manner of attachmentes that he hath made for any offence or trespasse of the Forest, before the Verderors of the Forest, at the fortie daie Courte, and at the Court of the Swanimote, according to the assises and lawes of the Forest, to thend and purpose, that the Vert and Venison of the Forest may be the better preserued and kept by the due punishment of such as shalbe founde to be any trespassers or offenders in the same: And thus [...]uch concerning the office of a Forester.

And now because the words are: Conueniant Forestarij vi­ridarij et agistatores: It is to be seene what a Verderor is: how he is made, what is his othe, and also what is his office.

A Verderor is a iudiciall officer of the Kings Forest, chosen by the King in the full Countie of the same shire within the fo­rest where hee doth dwell,The definition of a Verderor. and sworne to maintaine and keepe the assises of the Forest, and also to view, receiue and inroll the attachmentes and presentmentes of all manner of trespasses of the Forest of Vert and Venison.

And it is to be vnderstood, that there are most commonly in euery one of the Kings forests within this Realme foure offi­cers of the forest called Verderors, which ought to be Esquires or gentlemen of good account, abilitie & liuing, which are wise and discreete men and well learned in the lawes of the Forest. The office of a Verderor is almost like vnto the office of a Co­roner in some poyntes: for as a Coroner by the lawe is to view the dead bodie of any of her Maiestes Subiects that is sodainly slayne or found dead, and it is not knowen how he doth come by his death, then the Coroner is to repaire to the same dead bodie vpon notice thereof vnto him giuen, to see and view the same, and there also to inquire by the othe of xii. good and lawful men vpon the view of the same dead bodie, and such eui­dences & circomstances as can by any meanes be there learned how he came to his death, and who was the occasion thereof. [Page 333] Euen so a Verderor is to view the wild beastes of the Forest: And if any of the Kinges wilde beastes in the forest be found slayne or sore wounded, or hurte: then vpon notice thereof gi­uen vnto the Verderors or vnto any one of them, then he ought to repaire to the same wild beast that is so slayne, killed or hurt, and there to cause an inquisition to be made per quatuor villa­tas propinquiores Forestae, to knowe how the same wild beast was killed, and by whom: as it doth appeare by the assises of the Forest, Articulo 7.Assisa et cōsu­etudines Fo­restae Artic. 7. And so a Verderor in that respect is an offi­cer like vnto a Coroner. And it is to be noted, that euen as a Coroner is chosen by the Kings write in the full Countie: So is a Verderor also, for when any of the Kings Verderors of his Forest is dead, then vpon certificat thereof made vnto the King in his highe Courte of Chauncery that T. Barfoote one of the Verderors of the Forest of Waltham is dead,How a Ver­deror is made. the king thereupon doth graunt out a write de viridario eligendo di­rected to the Shirife of the same Shire, within which the Fo­rest is, where he is to be chosen Verderor, commaunding him in his full Countie to chuse another Verderor in the place of him that is dead, the tenor of which write is as followeth.

Elizabetha dei gratia Angliae, Frantiae, et Heberniae, The write de viridario eli­gendo. Regina fidei defensor &c.
vic' Essex salut'

quia Tho. Barfote nuper vnus viridarior' nostrorum Forestae nostrae mortuus est vt ac­cepimus, ideo tibi praecipimus quod si ita est, tunc in pleno com̄ tuo de assensu eiusdem com̄ loco praed'Thomae Barfote eligi facias vnum alium viridarium, qui prestito sacramento provt moris est, extunc ea faceret et conseruaret quod ad offi­cium viridarij pertinet in Foresta praedict' et talem eum eligi facias qui melius sciatet possit officio illi intendere et nomen eius nobis scire facias

teste &c.

By which write it appeareth that a Verderor shall be chosen in the full Countie, in the same manner as a Coroner is, by the free-holders. So that when the Shirife hath receaued the Kinges write aforesaide for the chusing of an other Verderor, and that he by virtue of the same write in his full countie hath [Page 433] caused the free-holders there to elect a wise, discreet, sufficient and able man,See the othe of a Verderor at large before pag. 51. to serue in the saide place of a Verderor, & that the same Shirife hath giuen vnto him an othe according to the Tenour of his write, which is, that from hencefoorth the same Verderor shall obserue and do those things which vnto the office of a Verderor doth appertaine within the same Forest: And then this election of such a new Verderor togeither with his name must be certified into the Court of Chauncery by the same Shirife, in his retorne made of the same write: and in this sorte a Verderor is made, and no otherwise then this no man may be made a Verderor of any Forest of the Kings.

Fitzh. fo. 164And if any Verderor of the kings Forest be discharged from his office by falce suggestion by a write of the Kings, directed to the Shirife: then the partie or Verderor so discharged, may come into the Chauncery and there require a commission to in­quire of that suggestion, and to certifie that inquirie in the Chauncery before the King: or the Iustices of the Forest may certifie the King of that falce suggestion vnder their Seales. And if the same suggestion be found false, then the King may make a supersedeas to the Shirife, that he shall not remoue the saide Verderor &c. And if that he be remoued alreadie, that then he shall still suffer him to vse and occupie the saide office of a Verderor as he did before. And thus much concerning the ma­king of a Verderor and also his othe, which you may see set downe at large here before pag. 51. And if any Verderor, Fo­rester, or any other minister of the Forest, be compelled by the Shirif to any Assises Iuries or inquestes they may haue a writ directed to the Shirife to discharge them, as it doth appeare in Fitzherberts N [...]atura breuium.

Vide Natura breuiū, Fitzh. fo. 167. a The office of a Verderor.And nowe concerning the last poynt, which is, the office of a Verderor, & what the office of a Verderor is: & in what things the same doth chiefely consist: it is therefore to be vnderstood that the whole office of a Verderor doth consist in these sixe things, that is to saie:

  • [Page 335]1 Ad videndum.
  • 2 Ad inquirendum.
  • 3 Ad recipiendum.
  • 4 Ad inbreuiandum.
  • 5 Ad iudicandum.
  • 6 Ad certificandum.

And as concerning the first poynt, which is, Ad videndum to see & to view, It is to be noted that a Verderor ought to vew the Vert and Venison of the Forest,Assisa Forestae Artic. 3 as it appeareth in Assisa Forestae Articulo 3. in these words: Si quis inuentus fuerit ex­tra dominicum boscum et infra rewardum prosternens quer­cum sine visu aut liberatione Forestarij aut viridarij debet at­tachiari per quatuor plegios et per visum viridar' debet quer­cus apreciari, et in Rotulo Forestar' et viridarior' nomina pleg. imbreuiari: By which Article it is proued, that if an Oake being ouer Vert within the Forest, bee felled or cut downe out of the Kings demeasne Woods, the same Oake is to be apprised by the view of the Verderors. And also, as to the fourth point of the of­fice of a Verderor, which is, Ad inbreuiandum, to inroll, It is also there prouided that the Verderors ought to inroll their a­pricement and view in their roll.

And it doth also appeare in Assisa Forestae Articulo 19. that the Verderors of the Forest ought to take inquisitions of mat­ters of the Forest, and of trespasses of the Forest,Assisa Forestae Artic. 19 aswell of Vert as of Venison, and those inquisitions they must inroll in their roll likewise, and also certifie the same before the Lord Iustice in Eyre of the Forest at his next comming into the Forest to hold the generall Sessions of the Forest.Carta de Fo­resta, cap. 8 And it doth also appeare by Carta de Foresta cap 8. that the office of a Verderor is, Ad vi­dendum attachiamenta de Foresta tam de viridi quam de ve­natione per presentationem ipsorum Forestariorum: So that it doth thereby appeare that the office of a Verderor is, both to view the attachments of the Foresters, and also to receiue their attachements and to inroll them in the rolls of the Verderors, [Page 336] and then it followeth that all those rolls of the Verderors must be by the saide Verderors certified to the Iustices of the Forest at their comming into the same Forest to hold their generall Sessions of the Forest,Assisa Forestae Articulo 19. as it doth appeare in Assisa Forestae Ar­ticulo 19. And also the Verderors office in some causes is to iudge of offenses and trespasses that are committed and done within the Forest, as of trespasses in Vert, the valew thereof be­ing vnder the some of foure pence. And it doth appeare by the Assises of Lancaster and Pickring, that the entrie of the plees of the Forest are thus, presentatum per Forestarios et conuictum per viridarios: Whereby it doth appeare that the office of a Verderor is a iudiciall place or office: and this much concerning the office of a Verderor.

The letter of the Statute is farther: Et Agistatores.

IT is therefore nowe very necessarie here in this place to de­clare what an Agestor is, how an Agistor is made, and what his office is. And for that it is to be vnderstood that an Agistor or gistaker of the King,The definiti­on of an A­gistor, is an officer of the Kings Forest, to o­uersee and to agist the Kings demesne Woods and lands, and to receaue the Kings Pawnage, and to doe for the profit of the King therein the best he can,Assisa H. 2. and to make a true acount thereof.

And it doth appeare by the Assises of Henry 2. that the Agis­tors of the Kings Forest are made in the same manner as the Foresters of the Kinges Forest are made,How an agis­tor is made. and that is by the Kings letters pattents vnder the great Seale of England, as it hath beene shewed here before. And it doth appeare there also that the King hath in euery Forest where he hath any Paw­nage, foure Agistors or gistakers, to receiue the agistment and Pawnage for the King: For the words are these, Quod in quo­libet com̄ in quo dominus Rex venationē suam habet, ponan­tur duodecim milites ad ostend'et supervidendum venati­tionem suam et quod viridarij cum Forestarijs et quatuor mi­litibus ponantur ad agistandū boscos et recipiendū paunagiū [Page 337] suum: And by these wordes it doth appeare that the office of an Agistor is to agist the Kings demesne Woods, and to receiue the Pawnage thereof to the vse of the King, and to render an ac­count thereof.

And it is to be vnderstood, that the office of an Agistor of the Kinges Forest doth consist in these foure things, that is to saie:

  • 1 Ad agistandum
  • 2 Ad recipiendum.
  • 3 Ad inbreuiandum.
  • 4 Ad certificandum.

And concerning the first poynt, that is to saie, Ad agistandum, which is to agist the Kings demesne Woods and lands: he that is an Agistor of the Kings Woods within the Forest, must haue an especiall care to agist the same for the best aduaun­tage and profit of the King, and also to receiue the Mony for the agistment and pawnage for the same to the vse of the King, and then he must faithfully and truely inroll the same in the A­gistors rolls of the Forest, which inrolling and receipt of the said Agistment and Pawnage, the saide Agistors must also certifie before the Lorde Iustice in Eyre of the forest at his next com­ming into the forest, to hold the generall Sessions of the forest, & thervpon to make a true accompt of such Monie as they haue receiued for Pawnage or otherwise to the Kings vse, as it doth appeare by the wrte of Summons of the Iustice Seat of the fo­rest: And thus much concerning an Agistor of the Kings forest.

‘The Letter of the Statute of Carta de Foresta Articulo the 9. is further as followeth, Vnusquisque liber homo agistet boscum suum in Foresta, pro voluntate sua, et habeat Paunagium suum, concedimus etiam quod vnusquisque liber homo ducere possit porcos suos per dominicū bosc' nostrū libere et sine impedimento ad agistandū eos in boscis suis proprijs vel alibi vbi uoluer it. Et si porci alicuius liberi hominis vna nocte pernoctauerint in foresta nostra, non inde occasione­tur vnde aliquid de suo perdat.’

THe Lawe of the Forest before the making of that Charter of the Liberties, was that no man might agist his Woodes or lands which he had within the Forest, vntill the Woods of the King were agisted, & the agistment of the King did alwaie begin fiftene daies before the feast of Saint Michel, and did indure fortie daies after the feast of Saint Michell: And that agistment of the kings shalbe made by the Verderors Agis­tors, and Foresters, as it doth appeare by the Assises of the Fo­rest of Henry 2. Cap. 7. for all the herbage throughout all the Forest before that tyme of the yeare,Assisa Forestae H. 2. euerie yeare was kept and preserued for the wilde beasts of the King for their pasture. And if any person did the contrarie, then they were gréeuously puni­shed. And also if any had Woods within the Forest to be agisted he might not driue his Hoggs through the demesne Woods of the King to his owne Woods, without licence of the officers of the Forest. Or if the Hoggs agisted in those Woods did chaunce to scape by night out of the Woods where they were agisted into the Kinges Woods, then the owner of those Hoggs was grée­uously punished for that matter: and also the Hoggs by the law were forefeited by the presentment of the officers of the Forest. So that by such meanes, a man that then had Woods or lands within the Forest, should haue great dammage, preiudice & losse of the profit of his lands or woods, and the agistment there fore the greatest parte of the yeare: and for the remedie of these mat­ters, that Charter of the liberties of the forest was made, which saide Charter of the liberties of the Forest doth now giue vnto euery such man that hath Woods within the Forest, a verie great libertie, which is, that he may agist his owne Woods or lands which he hath within the Forest at his owne wil and plea­sure at any time of the yeare: And also that he may take the pawnage of them him selfe at his owne will and pleasure: And also that he may driue his Hoggs or Swine through the De­measne Woods of the King, without any vexation or troble to agist them in his owne Woods or else where there. And though that the Hoggs of any other person doe remayne all one night [Page 339] dammage fesant within the Kings Forest, yet notwithstanding he whose Hoggs they were shall not be impeached or lose any thing for that offence: But for as much as this letter of the Sta­tute of Carta de Foresta was so generall a libertie giuen vnto all men, therefore the Assises and customes of the Forest made in Anno 6. Edwardi. 1. Caput 13. hath made one especiall lymi­tation and order concerning Swine or Hoggs, which is, that al­though they are not beasts comminable within the Forest, nor to be kept there all the whole yeare,Pag 4 but onely during the tyme of Pawnage, yet a man may agist his Hoggs yearely within the Forest in the tyme of Pawnage, as it doth appeare in the words of the same Statut, the words being as followeth: Si quis habu­erit boscum iuxta dominicum boscum domini Regis, Assisa Forestae cap 13 licitum est ei postquam dominice haie agitate sunt habere in bosco suo tempore paunagij tot porcos quot boscus per visum forestari­orum viridariorum regardatorum agistatorum et aliorum pro­borum hominum possit pati, et hoc fiat &c.

And so it doth appeare that the agisting of the Hoggs of any man at this daie within his owne demesne Woods within the Forest, cannot lawfully be done vntil the demeasne hedge-rowes and hedges of the King be agisted, and then he shall haue the a­gistment for Hoggs during the tyme of the Pawnage yearely,What is A­gistment. by the view of the officers of the Forest, and by their discresion assigned as the Woods may sustaine. But now here it is verie necessarie to shew what thing agistment is, & what thing Paw­nage is. And for that it is to be vnderstood, that agistment is most properly the common of Harbage,What is Paw­nage. of any kind of grounde or land or Woods, or the Mony due for the same. And Pawnag is most proper the mast of the Woods or land, or hedg-rowes or the Mony that is due to the owner of the same for it.

Maister Hesket in his reading of the Charter of the Forest, sayth that the Pawnage is not the pasture & mast for the Hoggs within the Forest, but sayth he,Master Hesket fo. 48. it is the dutie or Monie that is to be payed to the owner of the ground, for the pasture feeding and Mast of Hoggs. And he saith further, that the same hath beene [Page 340] so adiudged in the tyme of Edward the first, but he doth not shew in what yeare, but he setteth downe the case in these words.

Trespas fuit port per vn home pur entrer in son parke & oue ses aūs son pawnage la depasta. Et le briefe fuit abate per agard del Court. Car le briefe doit estre que il oue ses auers pes­sonem suam la depasta et nemi vt supra, Car le pawnage est sole­ment les deniers payes pur cest pession.

The Letter is, vnusquisque liber homo

And if a man doe hold of me in villanage certaine Wood with in the Forest, yet notwithstanding he may agist his owne wood for he is free against all men but onely against me. But the lawe is contrarie, if a villaine of the Kings do hold Wood within the Forest, for it is properly such a villaine that the Statute doth meane: for such a villaine hath not any libertie by this letter of the Statute: and in that case the King shall haue his agistment and not his villaine.

If I doe giue land or Wood lyinge within the Forest to an­other in tayle, Frankemariage, or for terme of lyfe, the donée or grauntée shall haue agistment and pawnage there.

The same lawe is if I do let my land or Wood within the Forest to one for terme of life or for yeares, or at wil, such a lessee shall haue the agistment and pawnage there, but the law is con­trarie of tenaunt by sufferance.

‘Carta de Foresta. cap. 10.The words of the Statute of Carta de Foresta caput 10. are Further as followeth. Nullus de cetero amittat vitam vel membrum pro venatione nostra. Sed si quis captus fuerit et conuictus de captione venationis nostre graui­ter redimatur si hēat vnde redimi possit. Si autem non habeat vnde redimi possit, iaceat in prisona nostra per vnum annum et vnum diem et si post vnum annū & vnum diem pleg. inuenire possit, exeat de prisona, sin autem abiuret regnum Anglie. &c.’

AT the commmn Law before the making of this Charter, if any man had killed the Kings Venison or his Deare in his Forest, then such killing was felonie by the lawe, and for that of­fence [Page 341] such an offender should by the lawe lose and forfeit aswell his life and member, as all that he had, at the will and pleasure of the King. And in auncient time, that was called plena vita, hoc est, plena forisfactura: and then the same was taken as a for­feiture and offence, as if a man had fought and broken the peace within the Kings house or his hostell in warre, or before the Iu­stices of the King sitting in the time of peace in their Iudiciall seate, which Iudiciall seate is by the lawe a place priuileged and a peaceable place as the Forest is for the preseruatiō of the kings wilde beastes, in which cases it was then felonie to kil them, and the offender should lose his life by the lawe for such an offence, or els if he did not lose his life for that offence, then he was to make a grieuous raunsom for the same, as it doth appeare in the aun­cient lawes of Saint Edward in his booke, fo. 69. And after­wards in the time of William the Conqueror,Legibus San­cti Edwardi, fo. 69 in the ende of his decrees that he made and set downe for lawes: he willeth that no man shall lose his life for any such offences, but onely that such an offender shalbe punished by the losse of some of his members, which decree is there set downe in these wordes: Interdicimus etiam ne quis occidatur vel suspendatur pro aliqua culpa, Les decrees del William la Conqueror. sed evelluntur oculi, et abscindantur pedes vel testiculi vel manus, ita quod truncus vnius remaneat in signum nequitii sui & se­cundum quantitatem delicti debet pena maleficientis infligi: And this law in some cases doth endure vntill this daie: As at the Common Lawe, if a man do make an affeaie within the Kings Pallace, the offender shall lose in that case his right hand:The Statut of An 33. H. 8 41. Assisarum. and this was the Common lawe before the making of the Sta­tute of An. 33. H. 8. as it doth appeare in 41. Assisarum, where the case was, that a man was endited and arraigned, for that he did strike a Iuror in the Pallace at Westminster which had pas­sed against him: which saide stroke was giuen in the presence of the Iustices:Striking in the Kings pallace or in the pre­sence of the Iustices. for the which he had his iudgement that he should remaine in prison in the Tower during his life, and also that his right hand should be cut off, and that the issues and profites of his lands should be forfeited vnto the King during his life, but [Page 342] his heire should not be disinherited. And the verie like case is ad­iudged in Anno 19. E. 3. and also in M. 22. of E. 3, Where an Esquire of good accompt which drewe his sworde to strike ano­ther person in the presence of the Iustices,19. E. 3. M. 22. E 3. of which offence he was afterwardes conuicted and had his iudgement for the same to haue his right hand cut off: and he was also for the same of­fence committed to Newgate, there to remaine as in the case be­fore recited. And therefore now this graunt and Charter of the Liberties hath prouided a remedie for this extremitie in these wordes, Nullus amittat vitam vel membrum, which is a verie great libertie vnto all the Kings Subiects. And it is also a re­straint and an abridgement of the Kings will and pleasure, vpon which the punishment of such offenders did then onely depende, which at that time was vncertaine, where as nowe the same is a most certaine punishment appointed for those that do hunt the Kings wilde beastes: for the words are Provenatione &c. So that the same Charter is now a generall pardon to all men of life and member for all offences of hunting the Kings wilde beastes of Venery.Pro venatione. And because the letter is pro Venatione, it is necessa­rie to consider what beastes are called beastes of Venerie or the Kings Venison, and therfore it appeareth as it hath been shewed before, that there are fiue wilde beastes that are accompted beasts of the Forest, that is to saie, the Hart, the Hynde, the Hare, the Boare, and the Wolfe. And there are also fiue beastes remai­ning in the Forest that are accompted beastes of Chase, that is to saie,the v. beastes of the Forest. The v. beastes of the Chase. the Bucke, the Doo, the Fox, the Martron, and the Roo. And there are also diuers other wilde beastes in the Forest, that although they are not beastes of the Forest, nor beasts of Chase, yet they are accompted beastes of Venery, and this Charter of Pardon of life and member doth extend to the hunting & killing of any beastes of Venery, according to the letter of the saide Charter which is, pro Venatione, which entendeth also to all manner of Hawking and destroying of Fowles of Warren and Fishing in anie viuarie within any Forest where such kinde of things are that are fere naturae.

The letter is further, Sed si quis captus & conuictus, &c. Which is as much in effect, as if the wordes had beene, That if the offender be taken and attainted of the Trespas or offence by the course of the Lawes of the Forest. But if the defendant vpon an Inditement do confesse the offence, or will saie nothing at all to it: or will make default after his appearance, if the same do passe the Swanimote in due forme of Lawe, according to the Statute called Ordinatio Forestae, Ordinatio Fo­restae, An. 34. E. 1. An. 1. E. 3. ca. 8 and according to the Statute of Anno primo of Edwarde the thirde, Cap. 8. then such an of­fender shalbe saide to be conuicted. And when any offender is thus conuicted, he shall make his fine for the same offence: For the letter is further, Grauiter redimatur, and that is as much to saie, The offender so conuicted must be grieuously redeemed, or make a grieuous Fine or raunsome for his offence.The diuersitie betweene a Fyne and a Raunsome. And it is said that there is a great diuersitie betweene a fine and a raunsome: For a fine is arbitrable by the Iustices of the King, and is to be assessed by them without the King. But a raunsome is not to be assessed by the Iustices of the King onely, but that the King shall first therein shewe his pleasure and will. And therefore it doth seeme that in this case the recompence for such an offence is to be called a fine and not a raunsome, because the Iustices of the Forest do assesse the same without making of the King priuie to it first as common experience doth dayly proue, and auncient presidents of the Lawes of the Forest confirme the same.

And thus hauing passed ouer 10. articles of the Charter of the Forest, I will here ende & leaue the rest to others of better lear­ning & iudgement to handle. And because it is verie necessarie to see and know the manner of the making of a Forest, and of the dissaforesting of a Forest againe: I will now here set downe the Charter of the Puraley, to the end that it may thereby appeare in what manner a Forest is made: And as a Forest is made, in like manner the same is made a Puraley & dissaforested againe, as it shall appeare by this President hereafter following.

Charta de Foresta caput. 1. Ad ordeigne que touts Forests que Henricus auus noster aforestauit videantur per bonos & le­gales homines & si &c. Et postea pur le plus speedie reme­die de faire Puraleys del Forests & perambulations fuit or­daine in An. 1. E. 3. cap. 1. Statut. 2. que le graund Charter de la Forest soit garde in touts points et que la poner il que estoit Chiuache in temps le Roy E. ayel le Roy qui ore est se [...]eigne in la forme qui estoit Chiuache & bound & que sur ceo soit Charter fait a chescun Countie & ore al intent que poit in plus ample maner ceo intend'ieo aie icy escrie le perfect manner & forme de ceo.

ICy comence le Proces de la Puraley de Windsor fait en le Countie de Surrey au parliament tresnoble seignior nostre Seignior le Roy Edward 3. apres le conquest summons & te­nus a Westm' lan de son reigne primer.

1 Au quel Parlemēt al comp. des Prelats, Countes, Barōs & la Cōmunaltie del Royalme fait au Roy que les Purales en temps treshonorable Roy Edward aiel nostre seigniour le Roy Edward quorest graunts & confirmes ne furent mye gardes: et auscuns Puraleys en diuers Forestes nient faits remistrent a faire en temps le Roy Edward piere nostre seigniour le Roy quorest: nostre seigniour le Roy a lour priere graunta que les pu­raleyes deuant faits grauntes & confirmes dishore enauant fuis­sent tenus & gardes. Et que les Purales qui remistrent a faire per ses feaux & leaux a ceo assignes fuissent faits a plus en haste come les porrent tonement faire, Et come les fuissent faits et ensa Chauncellerie retornes, & per certaine bounds & metes que les confirmeret per sa Charter pur luy & pur ses heires a garder & a teni [...]' a touts iours. Et nostre seigniour le Roy de ceste sa bon volunte en Parlement fait & graunta en chescun Countie Dengleterre sa Charter aeux qui voylent sure que mestr' en a­uaunt: per que la Comunaltie de Countie de Surr' qui se senti [Page 345] greue en la dit Forest de Windsor deins launds del dit Countie de Surr' auantdit sui dauoir la dit Charter nostre seigniour le Roy aseale et aneyent tesmonsant sa volunte auauntdite come plus pleignement est contenus per exemplification de la dit Charter la quel demoort en labre de Certesey a garder.

2 Edwardus Dei gratia Rex Angliae, Dominus Hiberniae, & Dux Aquit'. Omnibus ad quos presentes literae peruenerint salutem. Sciatis quod cum celebris memorie Dominus E. quondam Rex Angliae Auus noster dudum fideles suos assig­nass' ad perambulationes in forestis suis tam citra Trentam quā vltra faciend'et postmodum quasdam perambulationes in ali­quibus forestar' illar' sub certis metis & boundis in eisdem con­tent' factas & returnatas per litteras suas Patentes pro se & hae­red'suis cōcess. & confirmasset cetera (que) precepisset per praedic­tas metas & bundas imperpetuum obseruari, perambulationi­bus huiusmodi tempore dicti aui nostri in aliquibus Forestis remanentibus faciend', ac dominus E. nuper Rex Angl'pater noster in parliam' suo nuper apud Lyncoln' conuocat' ad sup­plicationem Prelator' Comit' Baronum & Coītatis regni sui asserentium dictas perambulationes factas obseruatas non fu­isse iuxta concessionem & confirmationem praedictas. Et per­ambulationes huiusmodi alibi factas non fuisse per litteras suas patentes quin [...]o die Augusti Anno regni sui decimo, concesse­rit pro se, & haeredibus suis quod perambulationes praed'per dictum auum nr' concesse & confirmate sicut praed'est sub me­tis & bundis in dictis litteris patentibus ipsius aui nostri con [...]' & specificat' teneantur & imperpetuum obseruerentur, Pro­mittens quod fideles suos ad perambulationes in forestis in qui­bus tune factae non fuerunt faciend'assignari faceret Ita quod perambulationes ille fierent ante festum Natal'Domini tune proxim̄ futur' & quod perambulationes illas cum facte fuis­sent & returnate per litteras suas patentes quas in eisdam con­tingent contineri pro se & haered'suis confi [...]maret prout in hijs literis patent' ipsius patris nostri super hoc confectis pleni­us continetur. Ac etiam insinuatione Prelator', Comit', Baron' [Page 346] et totius coītatis regni nostri in instanti parliamento nostro a­pud Westm̄ conuocat' accepimus quod tempore dicti patris nostri perambulationes praed'per dictum auum nostrū vt pre­mittitur concesse & confirmate non fuerint obseruate & quod perambulationes huiusmodi non factae remanserunt faciend'per quod nobis cum instantia supplicarunt vt perambulationes per dict' auum nostrum vt permittitur concessas & confirma­tas confirmare & ratificare velimus. Ac etiam perambulatio­nes quae nondum factae sunt fieri facere indilate. Nos eorum supplicationi in hac parte fauorabiliter annuentes concedimus pro nobis & haered'nostris quod perambulationes praed'per praefat' auum nostrū concesse & confirmate sub metis & bun­dis in dictis litteris ipsius aui nostri contentis & specificatis te­neantur & imperpetuum obseruentur. Et volumus quod per­ambulationes quae in aliquibus forestis adhuc restant faciend'per fideles nostros ad hoc assignand'fiant sub ea celebritate qua fieri poterunt bono modo. Quas quidem perambulationes cum facte fuerint & nobis returnate sub metis & bundis quas in eisdem inueniri contigerit per litteras nostras paten' pro no­bis & haered'nostris confirmari & approbari faciemus. In cuius rei testimonium has litteras nostras fieri fecimus paten­tes. Teste meipso apud Westm̄ xxiij. die Martij, Anno regni nostri primo.

Per ipsum Regem & Cons.

3 Puis apres la dit comminaltie de Countie de Surrey que se sentz greue de ceo que la Purale ne fuit pas fait en la Forest de Windsor en le dit countie de Surrey en temps le Roy Edward aiel nostre seigniour le Roy E. querust ne en temps le Roy Ed­ward son piere ne vncore remist a faire & a chiuacher la dit com­minaltie per vertu de la Charter nostre seigniour le Roy come plus pleignerement est contenus en la dit Puraley qui en suit.

4 Edwardus Dei gratia Rex Angliae, dominus Hiberniae & Dux Aquit' dilectis & fidelibus suis Thom. Tregorr, Iohanni de stonore, Iohanni de Ifeld, & Iohanni Dabnoum, salutem. [Page 347] Sciatis quod cum in parliamento nostro apud Westm' conuo­cato per Prelatos, Comites, Barones, & communitatem regni nostri asserentes quod fuisset supplicatum vt nos eas sic factas per dictum Auum nostrum concessas & confirmatas easdem concessionem & confirmationem in omnibus obseruari & in forestis vbi dictae perambulationes remanent faciend'eis fieri & factas in forma praedicta confirm' curaremus assignauimus vos duos & tres vestrum quorum vos praefat' Iohannē de stonore vnum esse volumus custodem forest' nostr' citra TrentamNota que la fuit vn chiefe keper de touts Forestes citra Trent, que est le chief garden del Forest mention in le statute de An. 1. E. 3. cap. & Stat. 1. hic ante, pag. 42 vel ipsum quem posuerit loco suo & omnes forestar' de feod'& viridar' forestar' nostrar' in Com' Surr' ad perambulationem rectam per visum trium vel duor' viror' quorum vos praefat' Io­hannē de Stonore vnum esse volumus & illorum in forestis nostris in eodem Com' in quibus dictae perambulationes tem­pore dict' aui nostri facte non fuerunt per Sacrn [...]' tam Militum quam alior' proborum & legaliū hominum de eodem Com' per quos rei veritas melius scir' & perambulationes ille fieri poterunt faciend'iuxta tenor' cartae domini Henric' quondam Regis Angliae proaui nostri de foresta. Et idco vobis manda­mus quod ad certos dies & loca quos vos tres vel duo vestrum quorum vos praefat' Iohannē de Stonore vnum [...]sse volumus ad hoc prouidentes premissa faciatis in forma praedicta. Ita quod perambulationes praed'fiant & nobis returnentur citra festum Natalis Domini prox' futur'. Mandauimus enim vic. nostro Com' praed'quod ad certos dies & loca quos vos tres vel duo vestrum quorum vos praefat' Iohannē de Stonore vnum esse volumus & scire faciatis & venire faciatis coram vobis tri­bus vel duobus vestrum quorum vos praefat' Iohannē de Sto­nore vnum esse volumus tot. & tales tam milites quam alios probos & legales homines de Com' praedicto per quos rei veri­tas melius sciri & perambulat' praedict' fieri poterint sicut prae­dictum est. Et perambulationem illam distincte et aperte sic factā nobis sub sigillis vestris trium vel duorum vestrum quorū vos praef. Iohannē de Stonore vnum esse volumus et sigill'eo­rum per quos factae fuerint reportetis ante festū suprad'vt eam [Page 348] confirmemus iuxta concessionem nostram dictis magnatibus inde fact'. In cuius rei testimonium has litteras nostras fieri fecimus patentes. Teste meipso apud Westm̄ xx. die Mar­tij, Anno regni nostri primo.

Per ipsum Regem & Cons.

5 Et pur ceo que la dit Commission en fait mention que le vic. de Surr' feit venit' deuaunt les Iustices a certaine iour & lieu per eux assignes bones & loyaux Chiualers & auters del dit Countie pur la dit Purale faire, nostre seigniour le Roy hors de sa Chaunceller maunda son briefe al dit viscount de Surr' en garrant de la dit chose faire cōe plus pleinement est contenus en la dit briefe qui ensuit.

6 Edwardus Dei gracia Rex Angliae, Dominus Hiberniae & Dux Aquit' vic' Surr' salutem. Sciatis quod cum in parlia­mento nostro nuper apud Westm̄ conuocat' per praefatos Co­mites, Barones, & communitatem regni nostri asserentes quod perambulationes tempore domini E. quondam Regis Angliae Aui nostri in forestis suis tam citra Trentam quam vltra factae non fuerunt obseruat' nobis fuisset supplicatum vt nos sic factas per dictum auum nostrum concessas & confirmatas iuxta eas­dem concessionem & confirmationem in omnibus obseruari & in forestis vbi dict' perambulationes remanent faciend'eas fieri & factas in forma praedicta' confirmare curaremus, assignauimus dilectos, & fideles nostros Thom. Tregorr', Iohannem de Sto­nore, Iohannem de Ifeld, Iohannem Dabnon, tres vel duos eo­rum quorum praefat' Iohannem de Stonore vnum esse volu­mus ad conuocand'in prae sentia eorundem Thom. Iohannis, Iohannis, & Iohannis, trium vel duor' eor' quor' praefat' Iohan­nem de Stonore vnum esse volumus custodem forestae nostrae citra Trentam vel ipsum quem posuerit loco suo & omnes Fo­restar' de feodo & viridar' forestar' nostrar' in Com' Surr' ad perambulationem rectam per visum eorum vel duor' eorum quorum praefat' Iohannem de Stonore vnum esse volumus in forestis nostris in Com' praed'in quibus perambulationes tem­pore [Page] [Page] [Page 349] dict' aui nostri fact' non fuerunt per sacrm̄ tam militum quam alior' probor' & legal'hominum de Com̄ tuo per quos rei veritas melius sciri & perambulationes ille fieri poterint faciend'iuxta tenorem cartae domini Henrici quondam Regis Angliae proaui nostri de Foresta.Nota que la fuit vn chiefe garden del Forest. Et ideo tibi precipimus qd'ad certos dies & loca quos ijdem Thomas, Iohannes, Iohannes, & Iohannes, tres vel duo eorum, quorum Iohannem de Stonore vnum esse volumus tibi scir' faciant, venire faciatis coram eis tribus vel duobus eorum quorum praefat' Iohannem de Stonore vnum esse volumus tot, & tales tam milites quam alios probos & legales homines de Com̄ praedict' per quos rei veritas melius sciri & perābulac' praed'fieri poterint sicut praed'est. Et habeas ibi hoc breue. Teste me ipso apud Westm' xx. die Martij, an­no (que) regni nostri primo.

Per ipsum Regem & Cons.

7 Et pur ceo que la dit commission veloit que les Iustices nostre seigniour le roy facent appeller a eux le gardeine de la Fo­rest citra Trent ou son lieutenant a la Purale faire droiture mēt per vertue de ceo commission les dits Iustices maunderont lour briefe au dit gardeine ou a son lieutenant quils fuissent a certeine iour & lieu ou le dit briefe limit enfemblement onestes eux a la dit chose faire solonc ceo que plus pleignement est con­tenus en le dit briefe que sensuit.

8 Thomas Tregorr', Iohannes de Stonore, Iohannes de I [...]ld & Iohannes Dabnon custod'forestae domini nostri Re­gis citra Trentam & eius locum tenen' in Com' Surr', salutem. Cum in parliamento domini nostri Regis nuper apud Westm' conuocat' per Prelatos, Comites, Barones, & coītatem regni as­serentes quod perambulationes tempore dicti Edwardi quon­dam regis Angliae aui sui in Forestis suis tam citra Trentā quā vltra facte non fuerunt obseruat'. Et eidem domino Regi sup­plicatum fuiss. vt ipse eas sic factas per dictum auum suum cō ­cessas & confirmatas iuxta easdem concessionem & confirma­tionem in omnibus obseruari, Et in forestis vbi dict' perambu­lationes [Page 350] remanent faciend'eas fieri & factas in forma praedicta confirmare curaret. Idem dominus noster Rex assignauit nos tres, & duo nostrum quorum Iohannem de Stonore vnum esse vult ad conuocandum in presentia nostra trium vel duorum nostrum, quorum Iohannem de Stonore vnum esse vult custo­dem Forestae suae citra Trentam vel ipsum quem posuerit loco suo & omnes forestar' de feodo & viridar' forestar' suarum in dicto Com' Surr' ad perambulat' rectam per visum nostrum trium vel duorum nostrorum quorum Iohannem de Stonore vnum esse vult & illor' in forestis suis in eodem Com' in quibus perambulationes tempore dict' Aui sui facte non fuerunt per sacram' tam militum quam alior' proborum & legal'hominum de eodem Com' per quos rei veritas melius sciri & perambu­lationes ille fieri poterint faciend'iuxta tenorem Chartae domi­ni H. quondam Rex Angliae proaui sui de foresta. Et quia do­minus Rex nobis mandauit quod conuocari fac' custodem fo­restae suae citra Trentam vel ipsum quem loco suo posuerit in dict' Com' Surr', ad perambulac' rectam faciend'nos pretex­tu illius mandati assignauimus die essendi apud Certesyam die Lunae proxim' post quindenam sancti Iohannis Baptistae ad in­cipiend'de negotio supradic' ad perficiend'exinde ad dictam perambulationem faciend'quem diem vobis signauimus, vt vos ad diem praedictam ibidem personaliter intersitis vel ipsi quem loco vestro posueritis ibidem intersint. Ita quod dicta perambulac' per visum vestrum, nostrum & alior' ad hoc sum' recte fieri possit secundum Tenorem Chartae domini H. quon­dam Regis Angliae proaui domini Regis de Foresta.

9 Et ausi pur la commission purporte que les Foresters de Fee & les Veredors de la Forest auantdit en le Counce de Surr' a la dit Puraley faire fuissent a iour et lieu ass. les dits Iustices maunderent briefe de garnishment as dits ministers quil fuissent illock & que eux feissent garnir les restoants deins la Forest a­uaunt dit en le dit Countie en la querque la Puraley en temps le Roy Edward aiel nostre seigniour le Roy Edward quorest ne fuit pas fait ne Chiuache ne quils fuissent illock a iour & lieu a [Page 351] Chiuacher & a feire dreit & leife Puraley come appiert en le briefe qui sensuit.

10 Thomas Tregorr', Iohannes de Stonore, Iohannes de Ifeld & Iohannes Debnon, dilectis sibi Forestar' de feodo & viridar' forest' domini Regis in Com' Surr', salutem. Cum in parliamento domini Regis apud Westm' conuocat' per Prela­tos, Comites, Barones, & coītatem regni asserent' quod peram­bulationes tempore domini Edwardi nuper Regis Angliae aui sui in Forestis suis tam citra Trentam quam vltra facte non fue­runt obsecrat' & eidem domino supplicatum fuisset vt ipse eas sic factas per dictum auum suum concessas & confirmatas iux­ta easdem concessionem & confirmationem in omnibus obser­uari, & in forestis vbi dicte perambulationes remanent faciend'eas scire & factas in forma praedicta confirmare curaret. Idem dominus noster Rex assignauit nos tres vel duo quorum Ioh. de Stonore vnum esse vult ad conuocand'in presentia nostra trium vel duor' nostr' quorum Iohannem de Stonore vnum esse vult custodem forestae suae citra Trentam vel ipsum quem po­suerit loco suo & oēs forestar' de feodo & viridar' forestar' su­ar' in dicto Com̄ Surr' ad perambulationem rectam per visum nostrū triū vel duor' nostrū quorum Iohannem de Stonore vnū esse vult & illor' in forestis suis & in eodē com̄ in quibus per­ambul'dicti aui sui facte non fuer' per Sac [...]m̄ tam militū quam alior' probor' & leg' hominū de eodem com̄ per quos rei veritas melius sciri & perambulac' ille fieri poterunt faciend'iuxta te­nor' chartae domini H. quondā Regis Angliae proaui sui de fo­resta. Et quia dominus nr' nobis mandauit quod conuocar' fa­ceremus omnes forestar' de feodo & viridar' forestar' suar' in dicto com'. Ac etiam illos in forestis suis in eodē com' in quibus perambul'tempore dicti aui sui facte non fuerunt ad perambul'rectam faciend'. Vobis mandamus ex parte domini nostri Re­gis quod apud certes. die Lunae prox' post quindenam sancti Io­hannis Baptistae personaliter intersitis ad perficiend'exinde ad perambul'illam faciend'ac etiam premunir' fac. omnes illos in forestis domini Regis in eodē com' comorantes in quibus per­ambul' [Page 352] tempore dicti aui sui facte nō fuer' quod tunc sint ibi ad diem praed'exinde ad perficiend'nobiscū vt perambul'ill'per visum illor' nostrū & vestrū fieri posset competenter.

11 Et fait a scauoir qui a dit iour asses. a Certesey touts les Iustices et le vicount de Surr' le lieutenant le gardein de la fo­rest citra Trent' Foresters, Verders, & auters resceants deins bound'della Forest et bone gents et loiaux Chiualers et auters illocks sum' per le dit viscount vindrent et les Iustices feissent lour office et pristrent enquest de chiualers et auters, cest est a sa­uoir mons. Henr. Hast. & Henr. de Montforth Chiualers, Rob. le Dol. Hen. de Sunnerbus, Will. Huse, Iohn de Bures leyne, N. chole Bachiller, Iohn Prodhoame, Will. de Porkle, Ioan at Stoket, Robert de Dittone, Iohan de Kingsnode & les char­gerent la dit Enquest solonque lour Commission.

12 Et per monsieur Iohn de Swynerton Chiualer lieute­nant le gardein de la Forest nostre seigniour le Roy citra Trent per certeine commission a luy fait illcoke monstre allegea illcok deuaunt les Iurors de la enquest pur le roy qui luy auoit vn en­quest prise a lamphethe deuant certeine Iustices en temps le roy Edward aiel nostre seign' le roy quorest testmoignant qui cel lieu le quel il furent entour de faire Puraley a cel temps remist Fo­rest per icel enquest Et pria as iours quil fuissent auyses pur le roy a seign' icel inquest quil tout auant en euidence pur le roy cōe appiert per la copie de la dit enquest qui sensuit.

13 Perambulatio facta in com' Surr' de Foresta de Winds. die Sabbati prox' post festum sancti Gregorij P. An. regni Re­gis E. 18. apud Lampheth coram Rogero Brainson, Ioh. de Bar­wik, Rad. de Hengham,Nota que la fuit vn chiefe garden & vn lieutenant de la Forest come appiert hic. Will. Inge, & Ioh. de Crokes [...]e in pre­sentia Phil. de Say cleric' Iustic' Forestae forestat' viridar' forest' praed'per sacrm' Will Amubesas, Iohannes de Bourstow, Will. de Bekewette milit', Rob. de Dol. Rob. de Valeton, Will. de Northwood, Ioh. Prodhome, Rob. Attesond, Nich de Wi­stone, Ric. de Horton, Edmundi de Suteworth, & Iohannis de Farnham: Qui dicunt per sacrm' suum quod totus com' Surr' fuit foresta tēpore H. regis proaui Regis nunc vnde idē Henr. [Page 353] obijt seisitus, et ita remansit foresta, vsque ad quart' diē De­cembris Anno regni regis Ric. 1.After the disa­foresting of a part of the Countie of Surrey, the rest was not vsed as a Forest by King Richard nor by any other. Qui tunc deforestauit quādā partem ipsius com' per certas metas quae continentur in Charta ipsius regis inde facta, vz, inter Kanciam & aquā, quae dicitur Waye, et de monte de Guldedone quantum com' Surr' durat versus meridiem & residuum com' praed', Scilicet incipiend'ad aqua de waye per montem de Guldedonne quantum com' durat' versus Aquilonem remansit & est foresta. Et post illius chartae confect. nihil aforestatum vel occupatū fuit per ipsum Regem Ric. nec per regem Iohannem, nec per aliquem alium dicunt etiam quod non sciunt quod aliquid de com' praed'af­forestatum fuit per praed'Hen. proauum regis nunc. In cuius rei Test. praed'Iur' sigilla sua apposuer'.

14 Et la communaltie alegea en euidence pur eux enconter le Roy que la Puraley fuit fait en le dit countie en le temps le roy Hen. besael le roy que ore est issint que tout le countie de Surrey fuit disaforest, & de ceo mistient auaunt vn Copie de vn enquest de la dit Puraleye fait en la maner qui ensuit.

15 Perambulatio facta in com' Surr' per sacrm' Iohannis de Waltone, Gilberti Dabnour, Gilberti de Abingworth, Nic. Malemeyns, Hamonis de Gatton, Rob. de Watenill, Tho. de Hurtmere, Walteri Outworth, Wil. de Wanton, Will. de In­sula, Iohannis de Mikelham, et Iohannis de Burstowne Qui dicunt apud Brudford sunt diuise inter Bark. South. & Surr' & tunc diuise inter Bark. & Surr' de Brudeford per viam quae du­cit de Fremeley apud Wyshemere, et postea per crucem Rad'vsque Gomerichesford per medium la Shete vsque ad Horton & de Hoyton per la le [...] versus cursum aquae, & inde iuxta aquā quae dicetur Sydway vsque ad Thornehul de Thornehul vsque ad Harpesford de Harpesford per aquam vsque ad Inggfeld, & de Inggfeld vsque Lodertake shacche vbi tres com' conueniūt, vz, Surr', Bark. & Buck. Et sic dicunt quod totus com' Surr' fuit extra Forestam sicut diuise content' Suth. Bark. & Surr' condo­nant dic' quo domino Hen. filius R. Iohannis fuit coronatus.

16 Dauter part le communaltie mist auaunt pur eux en eui­dence [Page 354] vn Copie de vn Charter fait per vn Abbe Alein iadis Abbe de Certesey & Couent de mesme le lieu al Roy Hen. Besael nostre seigniour le roy quorest qui les dits Abbe et Couent grā ­teront certeines terres al roy Henr. estr' deins bound'de Forest nient aresceant la Puraley auaunt fait per le dit Roy Hen. come plus pleignement apiert per la copie de la dit Charter que ensuit.

17 Omnibus ad quos presens scriptum peruenerit, Alanus Abbas de Chertesey & eiusdem loci conuentus salutem eternā in Domino. Noueritis nos concessisse quod non obstante per­ambulatione facta per praeceptū domini Hen. illustris regis An­gliae, fil'Regis Iohannis de Foresta de Windsor in com' Surrey omnes terre,Nota bene cest grant que lour terres soint quite de re­garde. & bosci, & omnia ten̄ contenta infra metas & di­uis. subscriptas remaneant ipsi domino Regi & hered'suis foresta imperpetuum: vz, a ponte de Stanes per Reg. Chim̄ sicut se extendit per mediam villam de Egeham vsque Harpes­ford, & de Harpesford vsque la Knapp, et de la Knapp vsque Loderlake shacke vbi cadit in aquam Tamisie. Ita quod omnes terrae & bosci & omnia tenementa infra metas praed'& omnes homines manentes infra easdem metas ex concessione ipsius domini Regis erunt quieti de regardo salua ipsi domino Regi venatione sua. In cuius rei testimonium presenti scripto Sigill'nostrum duximus apponend'hijs testibus domino S. Cantuar' Archiepisc. domino E. London, I. Bathon, H. Lincolne, R. Sa­rum, R. Dulon Cancellar' domini Regis, R. Cicestriae, & W. Oxon' Episcopis, H. de Burgo Iustic. domini, R. Will. Mares­chall', Rad. fil'Nic. Godfr. de Grancombe, & multis alijs.

18 Et de ceo la comunaltie mist Copie de vn testification de certeine Chiualers tesmoignants ceo qui labbe Allein de Certe­sey et son Couent auient fait a Roy H. apres la dit pur ale fait come appiert per la Copie que ensuit.

19 Omnibus ad quos presens scriptum peruenerit Gilber­tus de Abyngworth, Rob. de Watenill, Will. de Insule, Nich. Malemciens, Iohannes de Mykelham, et Walterus de Cacce­worth, salutem in Domino. Noueritis nos interfuisse & audi­uisse vbi Alanus Abbas Certesey et eiusdem loci et conuentus [Page 355] concesserunt domino nostro H. illustri Regi Angliae fil'Regis Iohannis et cartam suam inde fecerunt quod non obstante per­ambulatione facta per preceptum ipsius domini Regis de Fo­resta de Windsor in com' Surr' omnes terrae et bosci et omnia tenementa contenta infra metas,Cest est bon coulour pur le roy pur clame [...] come Forest. et diuisas subscriptas remane­ant ipsi domino Regi et haered'foresta imperpetuum, vz, a ponte de Stanes per Reg' Chim' sicut se extendit per mediā vill'de Egeham vsque Harpesford, et de Harpesford vsque la Knap, et de la Knapp vsque Loderlake vbi cadit in aquam Tamisie. Ita quod omnes terrae et bosci et omnia tenementa infra metas praedictas et omnes homines manentes infra easdem metas ex concessione ipsius Regis erunt quieti imperpetuum de Regar­do salua ibidem ipsi domino Regivenatione sua. In cuius rei testimonium presenti scripto Sigilla nostra duximus appo­nend'hijs testibus S. Cantuar' Archiepisc. domino E. London, I. Bathon, H. Lincoln, R. Sarum, R. Duliū Cancellar' domini Regis, R. Cicestren', & W. Oxon. Episcopis, H. de Burgo Iu­sticiar' domini regis. W. Mareschall', Rad. fil'Nich. Godofr. de Cramcombe et multis alijs.

20 La quel Puraley auauntdit chiuache en le temps H. en­semblement oue la Charter et testification auauntdit furent en la treasorie nostre seigniour le roy et ceo la fuist communaltie prest auoucher record si les Iustices le roy le voillent suffrer et les Iu­rors charges per lour serement adire veritie seu alerent et longe temps ensemble consailer entre eux & reviendrent et firent lour serement en la maner qui sensuit.

21 Qui dicunt per sacramentum suum quod tempore dicti regis Edwardi aui domini regis nunc nulla perambulatio facta fuit in forestis com' de Surrey,Verdit. et dicunt quod perambulatio fa­ciend'nunc in forestis illis micheanda est apud Waymouth, et abinde semper in longitudine Tamisie vsque Loderlakeshache vbi tres com' conueniunt, vz, Surrey, Bark. & Buck. et abinde vsque orientalem corneram parci de Windsore. Et abinde vs­que molendinum de Harpesford. Et abinde vsque Thornhull. Et abinde vsque Sydway Et abinde vsque la Lee, et sic vsque [Page 356] Horton. Et abinde per mediū Lashete vsque Gomerichesford. Et abinde vsque Rolnescrouch. Et abinde vsque Wyshemore­dene. Et abinde vsque Brudeford, vbi tres com' conueniunt, vz Surr', Bark. & Suth. Et sic dicunt quod totus com' Surr' est ex­tra Forestam & fuit tempore Regis H. proaui domini Regis nunc sicut patet per quandam perambulationem factam tem­pore eiusdem regis H. secundum tenorem chartae Regis H. de foresta: dicunt tn' quod tempore regis Edwardi aui dicti Regis nunc quedam inquis. capta fuit apud Lampeth coram Rogero Granason, Iohan' de Berew [...]ke, Rad'de Hengham, Will'Inge, & Ioh. de Crokesle per procurationem dom' Hug. le Despens. senioris hominibus com̄ praed'non praemunitis except' quibus­dam personis in Inquis. illa existen' vi & metu eiusdem Hugo­nis ad hoc ductis ad bundas & metas in Forestis com' praed'fa­ciend'qui nullam perambulat' nec equitationem in forestis il­lis fecerunt, nec bundas nec metas in eisdem posuerunt. In cu­ius rei testimonium, &c.

22 Et pur ceo qui cest enquest fuit mys auantdit iour en eui­dence pur le roy encounter la communaltie & ceo la troue per cest enquest auauntdit les Iustices ne obseynt aler auaunt & chiua­cher la dit Puraley solonque les bounds faits per les Iurours sans estre meint' auises ov counsailes oue nostre seigniour le roy, mes assistrent iour entre a lieutenant le gardeine de la Forest de­ceo Trent as Verderors de la Forest as Iurours de lenquest & as auters resceants deins bounds de Forest illcok esteant nome­ment le Lundy en la Forest Seint Mathew procheine ensuant a weymuth,Briefe de pro­cedendo oue vn non ob­stante.& quils fuisset ilcok al dit iour & al mesme temps les Iustices se voilent auiser a quel iour touts les Iustices &c. Sir Thomas Tregor vindrent & les verderers et les Iurours de la enquest et touts les resceants deins bound de la Forest auantdit, mes le gardeine de la Forest decea Trent ne son lieutenant ne nul des Foresters et qui iour auncient per prefiction de vindret' point. Et al dit iour la comminaltie de Surr' mist auaunt briefe nostre seigniour le roy direct as Iustices qui eux alassent auaunt a la Puraley faire nient a resceant la enquest prise en temps le roy [Page 357] Edward aiel m' seign' le roy, qui ore est. Et come les furent re­tournes en la Chauncellarie nient voillant nostre seign' le roy qui execution de la dit Puraley ent soit fait deuaunt ceo qui len­quest fuisset retorn' en Chauncellarie et illok venu la vn en­quest & lauter que adonk. droit et reason ent soit fait per le consail nostre seigniour le roy comeplus pleignement appiert per le brief qui est appele non obstante qui ensuit.

23 Edwardus dei gracia Rex Angliae, dominus Hiberniae, et Dux Aquit' dilectis et fidelibus suis Tohmae Tregor, Ioh. de Stonore, Iohanni de Ifeld, et Iohnani Dubnon salautē. Cum nuper ad prosecutionem Praelator', Com', Baronum, & Coī ­tatis Regni nostri nuper nobis in parliamento nostro apud Westm̄ conuocato suggerenc' perambulationes tempore domi­ni Edward'quondam R. Angliae Aui nostri in Forestis suis tam citra Trentam quā vltra facta obseruatas non fuisse et no­bis supplicantium vt nos eas per dictum auum nostr' sic factas concessas & confirmatas iuxta easdem concessiones, et confir­mationes obseruari in forestis vbi dict' perambulationes rem' eas fieri et factas in forma praedicta confirmare curaremus assi­gnauimus vos tres & duos rest. quor' vos praef.Custos forest [...] vltra Trentam. Ioh. de Stonore vnum esse volumus ad conuocand'in presentia vestra trium vel duorum vestrum quorum praef. Iohannē de Stonore vnū esse volumus custodē forestae nostrae vltra Trentā vel ipsum quem ponere vellet loco suo. Et omnes feod'et viridar' forestar' no­strar' in com̄ Surr' ad perambul'rectam per visum vestrum tri­um vel duorum vestrum quorum vos praefat' Iohannē de Sto­nore vnum esse volumus et illo' in forestis nostris in eodē com',Le briefe de non obstante. in quibus perambul'tempore dicti aui nostri factae non fuer', per sacrm̄ tam militum quam alior' probor' & leg hominum de codem com' per quos rei veritas melius sciri & perambul'illae fieri possunt faciend'iuxta tenorē chartae domini Henr' quon­dam Reg. Angliae proaui nostri de foresta. Et vobis mandamus quod ad certos dies et loca quae vos tres & duo vestrum quo­rum vos praef. Iohannē de Stonore vnum esse volumus ad hoc prouideritis praemissa faciatis in forma praed'. Ita quod peram­bulac' [Page 360] illae praed'fierent & nobis return' citra festum Natiuit' Domini prout in litteris vestris paten' inde vobis confect' ple­nius continetur. Ac etiam ex parte coītatis com' praed'accepi­mus quod licet vos inquis. super metis & bundis forestar' in com' praed'praetextu assignac' nostrae praed'feceritis, perambul'tamen iuxta metas & bundas inquis. illius contentas praetextu quarundā inquis. tempore dicti aui nostri de huiusmodi metis & bundis fact' vt dicit' hucusque facere distulistis & nobis sic supplicat', vt super hoc remediū apponamus. Nos ea que in dict' parliament' nostro sic concessa fuerunt, volentes execuc' debit' demandari vobis mandamus quod perambul'in forestis nostris in com' praed'iuxta formā assign̄ nostrae praed'cum ce­lerit' qua poteritis faciatis, inquisic' tēpore dicti aui nostri inde vt dicit factis non obstantibus, & easdem perambul'sic factas ad term' praed'in Cancellar' nostra iuxta formam assignac' no­strae supradict' ret'. Nolumus tamen quod perambul'sic per nos faciend'executioni demandentur antequam in Cancellar' nr' nobis returnarentur, & visis inquis. tempore dict' aui nostri sic capt' vlterius inde fiat quod de consilio nostro rationabiliter fo­re videbimus faciend'.Nota hoc ver­bum apud Stanhope. Teste me ipso apud Stanhop Primo die Augustj, Anno regni nostri primo.

24 Per vertue de quel briefe les vereders de la Forest del countie auant dit, les Iurors de lenquest et auters deins bound'de Forest resceants per view des Iustices n [...]' seigniour le roy sans auoir regard al absence le gardeine de la forest citra Trent ou de son lieutenant qui point devindret al dit iour a eux assigne ale­runt auant a la Puraley faire mesme le ieur le Lundi en la forest seint Mathew auandit en la maner qui ensuit.

25 Videlicet quod de Weymuth in longitudine Tamisie vsque Stanesbridge.Perambul. sa­ct [...] in temps E. le 3. Et ab inde in longitudine Tamisie vs (que) ad Loderslakeshache vbi tres com conueniunt Surr', Bark. & Buc­kingh. Et abinde dimittendo com' Bark. a dextra parte vsque Stonyhuldwell. Et abinde vsque les Quelmes. Et abinde vsque orientalem corneram parci de Windsore. Et semper in longitu­dine [Page 357] palacij eiusdem parci vsque ad molendinum de Harpes­ford. Et abinde per eundem palacium vsque australem partem eiusdem parci. Et abinde transmeando Regiam viam vsque Wyndwyggshull. Et abinde vsque ad interiorem portam de Bromhall. Et abinde vsque Thornhull. Et abinde per viam quae dicitur Sydway in longitudine eiusdem viae. Et abinde vsque la Lee. Et sic vsque Horton. Et abinde per medium la Shete per Gomericheford quae in antiquo tempore vocatur Bacshhetesford. Et nyent pius Chiuacherunt al dit iour eyns demorerenta Bacshete mesme la nutt, Lendemaine le Mardie ensuyant chiuacherent auant de Gomerichesford. Et abinde vsque Rolnescrouch. Et abinde declinando in dextera parte vsque Wyshmorsden. Et abinde vsque Brudefordesbridge, vbi tres com' conueniunt, videlicet Surrey, Bark. South. Et les auauntdits Iustices en diuers lieux en la dit chiuache firent la Proclamation solemnement que ne fuist cy hardie de chacer ou malfaire en le Forest auaundit per reason de icel chyuachy tant il fuit returne a la Chancerie & puis confirme per le Roy et. son Counsaile.

26 Puis apres les Iustices faissent lour recorde de quant ils auient fait de iour en auter solonque le tenure de lour Com­mission a eux graunte a commencement et ceo la returnerent de­subs lour seales en le Chauncerie nostre seigniour le Roy longe temps deuaunt le iour a eux done de returne faire per lour Com­mission et la maner come il returnerent appiert per la Copie del dit Recorde que ensuit.

27 Perambulatio Forestae comitat' Surrey, iuxta metas & bundas per inquisic. captam coram Thoma Tregor.Perambulatio facta per visum Iusticiar. Io­hanne de Stonore, & Iohanne de Ifelde, & Iohanne Dabnon ad perambulationem illam factam assign', Anno Regni Regis Edwardi tercij a conquestu primo, postea per vi­sum praedict' Iohannis de Stonore, Iohannis de Ifeld, & Iohannis Dabnon.

28 Dominus Rex mandanit Tho. Tregorr, Ioh. de Stonore Ioh. de Ifeld, & Iohanni Dadnoun breue suum in haec verba, [Page 360] Edwardus dei gratia rex Angl', dominus Hiberniae, & Dux A­quit', dilectis & fidelibus suis Tho. Tregor, Ioh. de Stonore, Io. de Ifeld, & Ioh. Dabnon salutem. Sciatis quod cum in parlia­mento nostro nuper apud Westm̄ conuocat per Prelatos, Co­mites, Barones, & Coītatem regni nostri asserentes quod per­ambul'tempore domini E. quondam regis Angl'aui nostri in Forestis suis tam citra Trentam quam vltra factae non fuerunt obseruat' nobis fuisset supplicatum vt nos eas sic factas per dominum auum nostrum concessas & confirmatas iuxta easdē concessionem & confirmac' in omnibus obseruari, Et in forestis vbi dictae perambulationes remanent faciend'eas fieri & factas in forma praed'confirmare curaremus assignauimus vos tres,Custos forestae vltra Trētam. & duos vestrum quorum vos praef. Iohanne de Stonore vnū esse volumus ad conuocand'in praesentia vestra trium vel duorum vestrum quorum vos praefat' Iohannē de Stonore vnum esse volumus custodem forestae nr' citra Trentam vel ipsum quem posuerit loco suo et omnes Forestarios de feodo & viridarios Forestar' nostrar' in com̄ Surr' ad perambulac' rectam per vi­sum vestrum trium vel duorum vestrum quorum vos praefat' Ioh. de Stonore vnum esse volumus et illor' in forestis nostris in eodem com' in quibus perambulal'dicti aui nostri factae non fuerunt per sacrm̄ tam militum quam alior' prob' & leg. homi­num de eodem com̄ per quos rei veritas melius sciri & peramb. ille fieri poterint faciend'iuxta tenorem chartae domini Henr' quondam regis Angl'proaui nostri de Foresta.Iuxta tenorem Chartae. Et ideo vobis mandamus quod ad certos dies et loca quosvos tres vel duo ve­strum quorum vos praefat. Ioh. de Stonore vnum esse volumus ad hoc prouiderit is premissa faciatis in forma praed'. Ita quod perambul'praedictae fiant & nobis returnent' citra festum Nat' domini prox' futur'. Mandauimus enim vic' nostro com̄ prae­dict' quod ad certos dies & loca quos vos tres & duo vestrum quorum vos praef. Ioh. de Stonore vnum esse volumus ei scire faciatis venire fac' coram vobis tribus vel duobus vestrum quo­rum vos praef. Iohannē de Stonore vnum esse volumus tot, & tales tam milites quam alios, probos & legal'homines de com' [Page 361] praed'per quos rei veritas melius sciri & perambul'praed'fieri poterint sicut ptaed'est. Et perambul'illam distincte & aperte sic factā nobis sub sigillis vestris trium vel duor' vestrum quor' praef. Iohannē de Stonore vnum esse volumus & sigill'eorum per quos facta fuerint reportetis ante festum supradict' vt eam confirmemus iuxta concess. nostram dictis magnatibus inde fa­ctam. In cuius rei testim' has litteras nostras fieri fecimus pa­tentes. T. meipso apud Westm' die Martij Anno regni nostri prim'. Pretextu cuius litter' praef. Thomas & socij sui mande­uerunt vic. Surr quod venire faceret coram eis tribus vel duob. eorum apud Certeseyam die Lunae prox. post quindenam sancti Ioh. Baptistae xxiiii tam milites quam alios probos & leg ho­mines de com' praed'per quos rei veritas melius sciri & per­ambul'fieri poterint secundum formam breuis praed'. Et simi­liter significauerunt custod'forestae citra Trentam et omn' forestar' de feod'& viridar' forestar' com' praed'diem praedict' Mandantes quod idem custos vel alius quem loco suo ponere voluerit nec non viridar' & forestar' ex parte domini Regis tunc interessent ibidem, & ijdem viridar' premunir' facerent illos in forestis com' praedict' comorantes in quibus perambul'tēpore dicti regis aui domini regis nunc factae nō fuerunt quod ibidem similiter interessent ad perambul'rectam faciend'in forma praed'.Thomas Swin­nerton miles deputatus Ius­ticiarij Forestae citra Trētum. Postea ad diem ill'in present' praed'Thomae & socior' suor', Ioh. de Swynerton miles quem Tho. Wake custos forestae domini Regis citra Trentam per litteras suas patentes loco suo posuit, venit: quas quidm̄ litteras idem Iohannes pre­tendit ibidem in haec verba.

29 Thomas Wake seigniour de Lydel Iustice de la Fo­rest citra Trent a touts iceux qui cest letter verront salut. Sa­ches nous auoir ordeine et assigne nostre chiual'& bon amie monsieur Iohan de Swinerton nostre lieutenant per tout en les dits Forestes a faire touts choses qui appendent en nostre nom' en icels parties que nous mesmes ne poions entender, pur quey nous vouz maun [...]eins & chargeins de part [...]' seigniour le Roy qui al dit monsieur Iohan com a nostre lieutenāt en les dits Fo­restes [Page 364] soies entendants et respoignants en tesmoignance de quel chose al dit mons. Iohan nous auomus fait faire cestes nous letters Patents a durer a nostre volunte done a nostre ma­nour de Pyngge le xx. iour dauerell, lan de reigne n [...]'seign' le roy E. tiers apres la Conquest primer.

30 Et Henr. de Stogton, Galfr' at Doune, & Robert de Immoworth viridar' Forestar' illar' veniunt et testatum est per eosdem viridarios quod non est aliquis Forestarius de feodo in Forestis praedictis,Nota hic Fo­restarii de feo­do. Et forestarii qui non sunt de feodo. alij tamen forestarij qui non sunt de feodo Scilz Robertus at Lake & Robertus de Bifflete, & Thomas de Keneton veniunt & similiter alij in Forestis praedictis como­rantes, scꝪ Rolandus de Wykford, Richardus de Trottesworth, Richardus de Wyke, Wilhelmus de Wythwell, Robertus de Certeseye, Symon de Woodeham, Thomas de Fremelesworth Thomas de Hamme, Henr' de Bergh, Will'de Brudnestone, Robertus de Kerswell, Gilbertus de Wythewell, Stephanus de Froillebur', Robertus Myles, Thomas de Wonbourne, Iohan­nes de Watingford, Petrus Payne, Walter' at Church de Bas­seligh veniunt & vic' Surr' venire fecit Henr Huse, & Henry de Monte forti milites, Robertum le Dol', Henr' de Somer­bury, Will'Hufe, Iohannem de Bures seniorem, Nicholaum le Bachillev, Iohannem Prodehome, Will'de Porkle, Iohan­nem at Stokett, Robertum de Ditton, et Iohannem de Kinges­node Iur'. Et postquam ijdem iurati fuerunt ad ueritat' super praemissis dicendam praedict' Iohannes de SWynerton sugges­sit eisdem Iurat' quod tempore Regis E. aui domini Regis nunc capta fuit quedam inquis. de metis & bundis forestar' Com' praedict' coram quibusdam fidelibus ipsius R. ad inquis. illam capiend'assignat' quam inquis. idem Iohannes asserit vt intel­lexisset in Chart' domini Regis returnata et ab hoc requisiuit eosdem Iur' quod praedicta Inquis. latere non debuit ex parte domini Regis quod ipsi in inquis. ista de praedictis metis & bundis fac' circumspecte agerent & porrex. quandam cedulam formam illius inquis. continentem. Et praedict' lur' habito inter eos diu [...]ino consilio dicunt per sacrm̄ suum quod tempore regis [Page 361] E. aui domini Regis nunc nulla perambulatio facta suit in Fo­restis com' Surr' & dicunt quod perambulac' faciend'nunc in Forestis illis micheanda est apud Weymouth. Et abinde semper in longitudine Tamisie vsque Loderlake [...]ache vbi tres Comit' conueniunt, videlicet, Surr' Bark. & Buck. Et abinde vsque ori­entalem corneram parci de Windsore. Et abinde vsque mo­lendinum de Harpesford. Et abinde vsque Thornehull. Et abinde vsque Sidwey. Et abinde vsque la Lee. Et sic vsque Horton. Et abinde per medium la Shete vsque Gomeriches­ford. Et abinde vsque Rolnescronche. Et abinde vsque Wyshe­morseden. Et abinde vsque Brudeford vbi tres com' conue­niunt, videlicet, Surr', Bark. & Suth. & sic dicunt quod totus com' est extra Forestā. Et fuerūt tempore R.H proaui domini Regis nunc sicut patet per quendam perambulationem factam tempore eiusdem R. H. secundum tenorem Chartae eiusdem R. H. de foresta: dic' tamen quod tempore R. E. a [...] domini R. nūc quaedam Inquis. capt fuit apud Lambeth coram Rogero Bra­bason, Ioh. de Berwike, Rad. de Hengham, Will'Ingge, & Ioh. de Crokessey per procurac' domini Hugonis le Despens. se­nioris hominibus com' praed'non praemunitis, exceptis qui­busdam personis in Inquis. illa existen' vi & metu eiusdē Hug. ad hoc ductis ad bundas & metas in forestis com' praed'faciend'qui nullam perambulationem nec ullam equitationem in Fo­restis illis fecerunt nec bundas, nec metas in eisdem posuerunt. Et quia al'tempore R.E. aui. domini R. nunc capta fuit inquisie' de huiusmodi metis & bundis prou [...] liquet per inquis. istā mo­do captam & etiā ex dictis praed'Io. de Swynerton, Ideo praed'Tho. et socij sui perambul'in forestis praedict' iuxta metas & bundas in Inquis. i [...]ta modo capti, co [...]tent' facere distulerunt vsque diem Lunae in festo sancti Mathei apud Weymuth ad interim consulend & deliberand'qualiter in hoc casu in prae­missis fit faciend'quem quidem diem praefixerunt praesatis Io­hanni d [...] Swynerton viridar' forestar' Iurator' & alijs de Fo­restis illis ibidem existen' vt praedictum est quod ipsi ibidem tunc inter [...]ssent: postea ad [...]em illum praedict' Ioh. de Stonore, [Page 364] Iohannes de Ifeld & Iohannes Dabnon venerunt ad locū praed'& custos forestae domini Regis citra Trentam nec eius locum tenens, nec aliquis forestarius forestar' praedictar' s. viridar', lu­rator' praed'& alij in forestis ill'comorantes venerunt. Et super hoc dominus Rex mandauit Tho. & focijs suis tribus vel duob. eorū breue suum quod vocatur non obstante, vt patet supra.

31 Et ideo praed'viridar' Iuratores & alij in forestis praed'comorantes per visum praed'Ioh. Ioh. & Ioh. non expectata pre­sentia custodis forestae vel eius locum tenentis ad praed'peram­bul'faciend'processerunt in hunc modum, vz, de waymuth in longitudine Tamisie vsque Stanestragg. Et abinde in longitu­dine Tamisie vsque Loderlakeshache vbi tres com' conueniunt vz, Surr. Bark. & Buck. Et abinde demittendo com' Bark. a dex tra parte vsque Stony heldwell. Et abinde vsque les Quelmes. Et abinde vsque Oriental'Cornerā parci de Windsore. Et insu­per in longitudine palacij eiusdem parci vsque molendinum de Harpesford, Et abinde per cundem palaciū vsque australē por­tam eiusdem parci. Et abinde transmeando Regiam viam vs (que) Wyndwingshull. Et abinde vsque interior' partē de Bromhall. Et abinde per viam quae dicitur Sydwey in longitudine eiusdem viae. Et abinde vsque la Lee. Et sic vsque Horton. Et abinde per medium [...]a Shete vsque Gomerichefford. Et abinde vsque Rol­neserouch. Et abinde declinando in dextera parte vsque Wy­shemoresdene. Et abinde vsque Brudefordesbrug, vbi tres com' conueniunt, vz, Surr', Bark. & Suth. Et ita per praed'metas & bundas facta est perambul'forestar' praed'in com' praed'. Et praef.Open procla­mation that no man shall hunt. Iohannes & socij sui in diuersis locis vbi videbatur eis fa­ciend'present' proclamac' fecerunt inhibent' omnibus & singu­lis ex parte domini Regis, ne quis venaret seu aliquid malefa­ceret in praed'forestis praetextu perambul'antequam peram­bulatio illa per dominum regem et consilium suum confirma­retur prout in praed'parliamento ipsius domini Regis fuit or­dinat' sub pena quae incubuerit.

32 Puis apres la dit communaltie del dit countie suy a la Chaunceller nostre seigniour le roy esteant adounk' a Pontfret [Page 365] enpriant en pleine court a sir Iohn de Hothoni euesque de Ely Chaun [...]. adonk nr' seign' le roy que veult lenquest de la Purale de Surr' fair chiuache & ret' per les Iustices deuant luy quil fait droit & reason, et que la dit Purale fuiss. confirm' per charter nr' seign' le roy solon sa primer Charter quil graunta des Purales confirm' a son parlement a Westm' lan de son reigne primer. Et cela Chart' fuit mys auant tesmoignant la volunte nr' seign' le roy come auant dit est. Et le dit Chaunceller appelles a luy les plus vanes clerks de la place nomement mestr' Hen. de Clif. sir Will. de Harlastone, sir Michel de Wath. sir Tho. de Eue­sham, sir Henr. de Edonstowe, sir Hugh de Bourgh,Enquest et perambulatiō in plene Com.& sir Adam Brome, et auters, et prist lier la dit enquest en pleine Counte & puis consailerent ensemble ceo que meux fuit afaire pur le Roy. Et daryen agarderent que la dit comnnaltie suy briefe de garnish. la Constable del Castel de Windsor, quil fuit a certein iour deuant eux a la dit Chauncellerie a monstrer sil sauoit rien dire pur le roy qui la dit Purale ne serroit confirme.Le constable del Castell de Windsor.Et en ceo que le briefe fuit a seale auant qui mons. Iohan de Lyle adonke Cone­stable de Windsore vient a Pontfret et fuit assis. ouesk le Chaū ­celler en pleine Court. Et pur ceo que le Cnoestable fuit illoke en proper person dit fuit a luy per le Chaunceller quil alast et se auysat pur le roy sil sauoit rien dire a Targer execution de le die Puraley et sur ceo iour luy fuit don de iour en auter vn semaigne entre illok a Ponfret et quil parlat en le mesne temps oue nostre seign' le roy, et oue son counsaile adonk esteant a Pontfr' pur la dit bosoigne le quel Couestable alast et ceo auisat de ceo ouesque nr' seign' le roy et o [...]e son counseile et ie dreint iour de la semaigne il vient en la Chaunc. et demaund luy fuit si il sauoit riē dire pur le roy et il allegea en pleine court pur nr' seign' le roy qui luy auoit vn enquest prise en temps le roy E. aiel nr' seign', seig­nior le roy qui ore est a Lamheth de certeine metes et boundes de la Forest de Windsor en le countie de Surr' deuant certein feaux et leaux nr' seign' le roy a ceo desputes et la quel chose fuit al­lege deuant mons. Thome Tregor et ces cōpaignons per mens. Iohn de Swynerton lieutenant le gardeine de la Forest de la [Page 366] Trent et pria que la Court de se voilet auiser pur le Roy E. la comunaltie allegea que cest enquest de cest Purale retourne a ore deuant eux ne fait mencion de la dit enquest. Et puis de­maund fuit per le Chaunceller al Conestable sil sauoit auter auter chose dire pur le roy & il respond'qui non, pur quoy il alast sans iour adonk hors de la court, Et dit fuit a la Constable que agardast lour iour de iour en auter et qui se voilet auiser en mesn temps.Constable del Forest.Et puis nr' seign' le roy se endressa hors de parties del North. tank a les parties de West et la Chaunceller euesque et la communaltie auant suy apres pur la dit bosoigne de iour en iour tanke nr' seign' le roy vient a Hayles et de Hayles a Win­checombe, et a quo seu la Chauncellerie fuit assess. plenerement. Et mons. Roger de Mortim' Counte de la Marche et auters graunds furent assess. pres le Chaunceller ou la dit communaltie pria la Chaunceller que il en fait droit et reason et quil comman­dast si luy plest que la dit Purale soit confirme: ou le dit Chaun­celler fist lyer lenquest deuaunt le dit Countie de la Marche et au­ters et counsailerent ensemble et adareine dit fuit a eux que les graundes de la terre et le counsaile le roy serroit plener a Glou­cester la procheine Semaigne suyant quant lenterrement le roy Edward piere nr' seign' le roy que ore est se feit' et adonk coun­sailes ensemble deuaunt le roy & oue piers de la terre qui adonk il serront quil ent feit droit et reason et sur ceo ils furent aiournes a Gloucester et la dit communaltie suy apres de Winchecombe taunke a Chyltenham. Et de Chyltenham taunk a Gloucester & illoke il mistrent auaunt lour besoigne enpryant confirmation come auant et illok en pleine counsaile nr' seign' le roy entre les graunds de la terre illokes esteants.Note that the Charter was confirmed by the King and his Nobles.s. Henry de Lancaster Ma­reshall, Edmund Countie de Kent, Iohn Counte de Garne, Rog. Counte de la March, et auters Barons et Chiualers pri­mes de Counsaile le roy firent choses auantdits declares & pro­noūces deuant eux per le Chaunceler ou adaren acorde fuit enter eux que les choses fuissent confirmes solonc. le graunt que nostre seign' le roy graunt a son parlement. Et commaund fuit a dit Chanceller quil deliuerast la dit cōmunaltie sur quoy ils aueront [Page 367] iour de iour en auter, pur ceo que nr' seign' le roy se remoue hors de Gloucester a Tewkesburie et de illok tanke a Worcester ou nr' seign' tient son Noel. Et le dit communaltie pria execution come auant et le Chaunceller cōmaund a faire la Charter & quāt la Charter fuit escript pur eux, fuit commaund que il ne vo­leit la Charter a sealer sans sauoir adeprimes la targe nr' seign' le roy de ceo faire en garrant et puis apres tant fuit suy freche­ment per la dit communaltie la Venderdy le iour de la Nat. nr' seigniour qui la targe fuit commaund de faire al dit Chaunceller et fuit fait et il auient en garrant issint qui lendemaine le samady le iour de S. Steuen fuit la Charter de confirment de la dit Pu­rale fait et enseale en vn petit meason ass. sur leue de Sere de­ins la Prior de Wyrcester la ou il asselerent la dit iour tout au­ter briefes touchants le commune de la terre et payerunt lour fee del seale et aueyont lour Charter confirme come appiert per ex­emplification de icel en la dit manner qui ensuit.

33 Edwardus dei gratia Rex Angl', dominus Hiberniae & Dux Aquit'. Omnibus ad quos praes. lit. peruenerunt, salutē. Sciatis quod cum nuper in parliamento nostro apud Westm̄ conuocato ad supplic' praelatorū Com', Bar', & coītatis regni nostri per litt' nr' patentes concess. quod perambul'tēpore do­mini E. quondā regis Angl'aui nostri in forestis suis tam citra Trentam quam vltra factae & per ipsum auum nr' concesse & confirmat' secundū metas & bundas in eisdem perambul'con­tentas obseruentur imperpet' et teneant'.This is the Charter of the Puraley. Et quod perambul'in forestis in quibus tempore dicti au [...] nr' factae non fuerunt per fi­deles nostros ad hoc assignand'fierent sub ea celeritate qua fieri possent, bono modo. Et quod nos peramb. illas cum factae fuerūt & nobis returnate sub metis & bundis quas in eisd [...]m inueniri contigerit pro nobis & hered'nostris conseruari & approbari faceremus prout in lit. nostris praed'plenius continetur ac post modū ad requisic' coītatis com Surr' nobis suggerent' qd'per­amb. in forestis nostris in eod'com' factae non fuerunt, Volen­tes concess. nostram praed'effectum mancipari assignauimus di lectos & fideles nostros Tho. Tregor, Ioh. de Stonore, Ioh. de [Page 368] Ifeld, & Io. Dabnon, ad peramb. rectam in forestis nostris in eodē com' per quos rei veritas melius sciri & peramb. illae meli­us fieri possent faciend'iuxta tenorē chartae domini H. quondā Regis Ang. proaui nostri de foresta. Ac ijdem Tho. Ioh. & Ioh. peramb. huiusmodi in eodē com' praetextu assignac. nostrae eis inde sic factae fecerint & eas nobis in Cancellar' nr' miserunt in forma subscripta. Peramb. forestae com' Surr' iuxta metas & bundas per inquis inde captas coram Tho. Tregor, Ioh. de Sto­nore, Ioh. de Ifeld, & Ioh. Dabnon ad peramb. illam faciend'as­sign', & postea facta per visum praed'Ioh. Ioh. & Ioh. ac per sa­crm̄ Henr. Huse, H. de Montfort militum. Rob le D. Henr. de Somerbury, Will. Huse, Ioh. de Burts sen', Nich. de Bachiller, Ioh. Prodehome, Wil. de Porkle, Ioh, at Stoket, Rob. le Dytton & Ioh. de Kingswood Iur', Qui dicunt quod tempore dicti aui nostri nulla peramb. facta fuit in com' Surr', sed peramb. faci­end'in forestis nostris inchoand'est apud Weymuth Et abinde semper in longitudine Tamisie vsque Loderlakeshache vbi tres com' conueniunt, vz, Surr. Bark & Buck. Et abinde vsque ori­entalē corneram parci de Windsore. Et abinde vsque ad mo­lendmū de Harpesford. Et abinde vsque ad Thornhull. Et ab­inde vsque Rolnescrouch. Et abinde vsque Wyshemoresdene. Et abinde vsque Brudeford, vbi tres com' conueniunt, vz, Sur', Bark. & Suth.Saluo semper in omnibus Iure nostro. Et quod totus com' Surr. est extra forestā & fuit tempore dicti R. H. proaui nostri. Nos peramb. praed'acceptan­tes eam pro nobis & hered'nostris quantum in nobis est ratifi­camus, approbamus, concedimus & confirmamus secundū me­tas & bundas praed'imperpetuum obseruand', Saluo semper in omnibus iure nostro. In cuius rei Testimonium has litt' nostras fieri fecimus patentes. T meipso apud Wigorn' xxvi. die De­cembris, Anno regni regis ij. prim' per ipsum Regē & consiliū.

Ou la charter demur.34 Et puis apres la dit comunaltie suy tank a Solyhull en arderne apres la dit Chaunceller nr' seign' le roy & illok aueyent la Charter double issint que la primer Chartercy est a seal de vert fere que demoert en la gard en labbey de Certesey en le Countie de Sur. Et lauter charter a seale de Blauche sere que demoert en gard.

[Page 369]35 Et pur ceo que nr' seign' le roy veolt que sa Charter de confirment de la dit Purale soit lye en pleine counte & de ceo pro­clamation fait que ele soit firment gard solonque les bounds saue per luy quarant iours denchacer ces bestes a ceo faire maunda sō briefe a viscount de Surr.Nota que le roy voloit que cest perambul. soit firm gard.come plus pleignement appiert per le transcript qui ensuit.

36 Edwardus dei gracia Rex Ang. dominus Hiberniae, & Dux Aquit' vic. Surr. salutē. Cum nuper in parliamēto nostro apud Westm. conuocato ad supplic praelator. Com', Baronum, & coītatis regni nostri per litt' patentes concesserimus qd'per­amb tempore domini E quondam R. Ang. aui nostri in forestis suis tam citra Trentā quā vltra factae & per ipsum auum nostrū concesse & confirmate secundum metas & bundas in eisdē per­ambulac' content' obseruarentur imperpetuum & tenerentur. Et peramb. in forestis in quibus tempore dicti aui nostri factae non fuerunt per fidel'nostros ad hoc assignand'fierent sub ea celebritate qua fieri possent bono modo Et quod peramb. illas cum factae fuerint & nobis returnate sub metis & bundis quas in eisdem inueniri contigerit pro nobis & haered'nostris confirma­ri & approbari faceremus. Ac postmodum ad requisic. coītatis com' praed'nobis suggerentis quod peramb. in forestis nostris in eodē com' factae non fuerunt volentes concessionem nostram praed'effectum mancipari. Assignauimus quosdam fideles no­stros ad peramb. rectam in forestis nostris in eodē com' in qui­bus peramb. tempore dicti aui nostri factae non fuerunt, per sa­crm̄ tam militum quam aliorum proborum & legalium homi­num de eodē com' per quos rei veritas melius sciri & peram. ille melius fieri possent faciend'iuxta tenorem chartae domini H. quondam R. Ang. proaui nostri de foresta, Idemque fideles no­stri peramb. huiusmodi in eodē com' praetextu assign̄ nostrae eis inde sic factae fecerunt & cas nobis in Cancell. nostra miserint. Ac nos per litteras nostras parentes dictam peramb. acceptaui­mus & eam pro nobis & hered'nostris quantum in nobis est ra­tificauimus, approband'concesserimus & confirmanimus se­cundum metas & bundas in dicta peramb. contentas imperpe­tuum [Page 370] obseruand Saluo semper in omnibus iure nostro prout in litteris praed'nostris plenius continetur tibi praecipimus quod litteras nostras in pleno com' tuo legi & dictam peramb. secū ­dum metas & bundas in eisdem literis nostris contentas public' proclamari,Note that here are fourtie daies reserued for the safe retorne of the wilde beastes. et firmiter obseruari faciatis. Saluis nobis quadra­ginta diebus a tempore dat' huius breuis numerand'ad feras no­stras in locis extra forestam peramb. praed'sic posit' existentes ad forestā nostram effugand. T. meipso apud Wigorn. xxvi. die Decembris, Anno R. R. ij. primo. Per ipsum regem & Cons.

37 Et pur ceo que nr' seign' le roy voil que son Conestable de son Castel de Windsor, soit apris des bounds de la dit Pura­le, et quil enchase a ses bestes deins se temps de quarant iours hors de la Purale tank a sa Forest nr' seign' le roy luy ad maund son briefe a ceo faire en garrant come appiert plus pleignement per le transcript qui ensuit.

38 Edwardus dei gratia Rex Ang dominus Hiberniae, & Dux Aquit' Constabular' Castri sui de Windsor vel eius locū tenenti salutē. Cum nuper in parliamento nostro apud Westm̄ conuocat' ad supplic. Praelator', Com', Baronum & coītat' regni nostri per litteras nostras patentes cōcesserimus, qd perambul'tēpore domini E. quondā R. Ang. aui nostri in forestis suis tam citra Trentam quam vltra factae & per ipsum auum nostrū con­cesse & confirmate secundum metas & bundas in eisdem per­ambul'contentas obseruentur imperpetuum & teneantur quod peramb. in forestis in quibus tempore dicti aui nostri factae non fuerunt per fideles nostros ad hoc assignand'fierent sub ea Ce­leritate qua fieri ponssit bono modo. Et quod nos peramb. illas cum factae fuerint & nobis returnat' sub metis & bundis quas in eisdem inueniri contigerit pro nobis & hered'nostris confir­mari & approbari faceremus prout in litteris nostris plenius cō ­tinetur. Ac postmodum ad requisic' coītatis Com' Surr. nobis suggerent' quod peramb. in forestis nostris in eodem com̄ fa­ctae non fuerunt, Volentes concessionem nostrā praed'effectum mancipari, Assignauimus dilectos & fideles nostros Tho. Tre­gor, Ioh. de Stonore, Ioh. de Ifeld, & Ioh. Dabnon ad peramb. [Page 371] rectam in forestis nostris in eodē com' in quibus peramb. tem­pore dicti aui nostri factae non fuerunt per sacrm̄ tam militum quam alior' probor' & legal'hominum de eodē com' per quos rei veritas melius sciri & peramb. illae melius fieri possent faciēd'iuxta tenorem Chartae domini H quondā Regis Ang. proaui nostri de foresta. Ac ijdē Tho. Io. Io. & Io peramb. huiusmodi in eodē com̄ praetextu assign̄ nostrae eis inde sic factae fecerint & eas nobis in Cancellar' nostra miserint in forma subscripta. Perambulatio forestae com̄ Surr iuxta metas & bundas per in­quis. inde capt coram Thom. Tregor, Ioh de Sonore, Ioh. de Ifeld. & Ioh. Dabnon ad peramb. illam faciend', assignand. Ac postea fact' per visum praed'Ioh. Ioh. & Ioh ac per sacrm̄ Henr' Huse, Henr. de Monteforti militū Rob. le Dol. Hen de Somer bury, Will. Huse, Ioh. de Bures senioris, Nich, le Bachiller, Ioh. Prodehome, Will. de Porkle, Ioh. at Stoket, Rob. de Ditton, et Ioh. de Kingsnode Iurat', Qui dicunt quod tempore dicti aui nostri nulla peramb. facta fuit in Com Surr. Sed peramb. faci­end'in forestis illis nicheand'est apud Waymuth. Et abinde sē ­per in longitudine Tamisie, vsque Laderlakshach vbi tres com' conueniunt vz Surr. Bark et Buck. Et abinde vsque orientalē corneram parci de Windsor. Et abinde vsque molendinum de Harpesford. Et abinde vsque Thornehull. Et abinde vsque la Lee. Et sic vsque Horton. Et abinde per mediū la Shete vsque Gomerichesford. Et abinde vsque Rolnescrouch. Et abinde vs­que Wyshemoresden. Et abinde vsque Brudford vbi tres com' conueniunt, vz, Surr, Bark. et Suth. Et quod totus com' Surrey est extra forestam et fuit tempore dicti Regis H. proaui nostri. Ac nos peramb. praed'acceptantes et eas pro nobis et heredes nostris in quantum nobis est ratificauerimus Approbauerimus concesserimus et confirmauerimus secundum metas et bundas praedictas imperpetuum obseruand, Saluo semper in omnibus iur' nostro prout in litteris nostris praed'plenius continetur per quod praecepimus vic. nostro com' praed'quod peramb. praed'secundum metas et bundas in cisdem litteris contentas faciat obseruari, Saluis nobis quadraginta diebus a tempore breuis [Page 372] nostri sibi inde directi numerand'ad feras nostras in locis extra forestam per peramb. praed'sic positis existentes, ad forestam nostram effugand',This writ is directed to the constable of the castell of Windsor, cō ­maunding him to fet the Deere that are in the Purlieus into the Forest vobis mandamus quod feras nostras infra dictos quadraginta dies a locis extra forestam sic positis ad fo­restam cum omni celeritate qua poteritis effugari faciatis. Et talem et tantam diligentiam in hac parte apponatis quod dam­num nobis de feris nostris ibidem per vestri negligentiā nulla­ten' generet'. Teste meipso apud Wigorn', xxvi. die Decem­bris, Anno R. R. ij. primo.

Per ipsum regem & Cons.

39 Per vertue de quel briefe apres la Charter lie en countie et la proclamation fait que la Purale serroit fermement gard le Here is to be noted the ma­ner how the Pur. is granted.dit Constable del Castel de Windsor enchasea les beastes nostre seigniour le Roy deins de temps de quarante iours auauntdit hors de la Purale en la Forest nostre seigniour le roy et deins quel temps les bon gents del Countie de Surrey se tyndrent en pees fans rien chacer ou malefaire. Et apres les quarant iours les bones gents del Countie de Surrey, vserent lour fraunchise come ateint a eux solonc la volunte nostre seigniour le roy per sa Charter a eux fait auantdit et confirme.

40 Iey finist les Proces de la Purale de la Forest de Wind­sor fait en la Counte de Surrey, et suy en la maner come auaunt est dit tank ele fuit encharter & confirme de la bon volunte nostre seigniour le roy solonc ceo quil graunta en pleine parlement as graunds et la Communaltie de la terre a tener et a garder pur luy et pur ces heirs a touts iours par ces letters Patents come ils fuissent confirmes.

FINIS.

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