Ockam cap. quid Regis Foresta, saith, Foresta est tuta fe­rarum Mansio, non quarum libet, sed silvestrium, non quibuslibet in locis, sed certis & ad hoc idoneis, unde Foresta E. mutata in O. quasi Feresta, hoc est, ferarum statio. Co. Litt. Sect. 378. Fol. 233. a.

Forests and Chases are not inclosed, but a Park must be; the Forest and Chase do differ in Offices and Laws: every Forest is a Chase, but every Chase is not a Forest. A Subject may have a Forest by special grant of the King, as the Duke of Lancaster, and Abbot of Whitby had. id. ibid.

A Forest consisteth of Eight things, viz. Of Soil, Covert, Laws, Courts, Judges, Officers, Game, and certain Bounds. Co. Inst. 4. Part. Fol. 289.

Foresta est nomen collectivum, and by the grant thereof, the Soil, Game, and a free Chase doth pass. id. ibid.

King John the 15 of June in the 18 year of his Reign, at Kummigs-mead, alias Kyme-mead, between Stanes and Wind­sor, granted the like Charter, as Charta de Foresta is. id. ibid.

(a) This is an Act of Restitution, for if the King might have made a Forest in other Mens Woods, then could not the Owner have fell'd down his own Woods without View and License, & sic ad damnum illius, &c. id. Fol. 300.

(b) Note, all manner of Commons are saved.

This Statute of Charta de Foresta hath been above Thirty times, and lastly in 4 Hen. 5. confirmed, and enacted, and commanded to be put in execution. Co. Inst. 4. Part. Fol. 303.

And it is very observable, that if any Act of Parliament hath been made against any of the Articles of the Statute of Carta de Foresta, by the Act of Parliament of 42. E. 3. the same is made void, and by the Statute of Confirmationes Car­tarum in 25. E. 1. all Judgments given against any of the points of Carta de Foresta, shall be holden for void.

Whereas Henry 2. Fitz Empress claim'd that he might make Forrests not only within his own Woods and Grounds, but in the Woods and Grounds of his Subjects, and there­upon made divers such Forrests within his own and other mens Woods and Grounds: Whereupon some Readers, and others that have followed them, are of opinion that Henry 2. might de Jure do that which he did: This Act of Charta de Foresta, which is but a declaratory Law restoring the Subject to his former right, is directly against that conceipt, as you may see before in the first Chapter of it; and to the same effect is this third Chapter. Neither could Henry 2. or any other King have made, or rais'd a free Chase, Park, or Warren for himself in any of the grounds of the Sub­jects; for it is truly said in Plowdens Commentaries, Lord Berkely's case, fol. 236. that the Common Law hath so admea­sured Note. the Kings Prerogatives, that they should not take away, nor prejudice the Inheritance of any. But we agree, that all the Lands of the Subject are originally derived from the Crown: And therefore when the Ancient Kings had the [Page 6] most part in their own hands, or at least great Desarts, Waste and Woody grounds, for want of habitation, they might make what Forests it pleased them therein, which may be a Reason and cause of a lawfull beginning; and therefore a Forest may be by Prescription good in Law over other mens grounds. But the King in his own grounds may make a Forest at this day, which is proved by these two Chapters, for such Forests are thereby saved and Enacted to stand. Co. 4. Part. Instit. fol. 300, 301. Desertum, id quod ab hominibus deseritur, & feris relinquitur.

(a) Purpresture cometh of the French word purprise, or pourpris, which signifieth an Inclosure or building, and in legal understanding signifieth an encroachment on the King, either upon part of the Kings demesne Lands of his Crown, which are accounted in Law as re's publicae, & semper favorabile fuit in Omni Republica Principis patrimonium; or in the High wayes, or in Common Rivers, or in the Common streets of a City, or generally when any Common Nusans is done to the King and his people, endeavouring to make that private, which ought to be publick, which Glanvil, lib. 9. cap. 11. very aptly de­scribeth in these words; Dicitur autem purprestura, vel porpre­stura popriè quando aliquid super Dominum Regem injustè occupa­tur, ut in Dominicis Regis, vel in viis publicis obstruct', vel in aquis publicis transversis à recto cursu, vel quando aliquis in Civitate super regiam plateam aliquid aedificando occupaverit, & generaliter quoties aliquid fit ad nocumentum Regii tenementi, vel Regiae viae, vel Civitatis. Co. 2. Instit. fol. 272.

It was an Article of the Eyre before the Statute de Bigamis, in 4. Ed. 1. to enquire de purpresturis factis super Dominum Regem, sive in Terra, sive in Mari, sive in aqua dulci, sive infra libertatem, sive extra. Cap. itineris. id. ibid.

It appeareth also by Glanvil, that there be likewise Pur­prestures done to Subjects. id. ibid.

(b) Waste, Vastum dicitur à vastando, of wasting and depo­pulating; and for that waste is often alledged to be Timber, which we call in Latine Maremium, or Maresnium, or Ma­resmium; it is good to fetch both of them, saith my Lord Coke, from the Original. First, Timber is a Saxon word: Se­condly, Maremium is derived of the French word Marreim, or Marrein, which properly signifieth Timber. Co. 1. Instit. fol. 52. b. 53.

(c) Assert, is so called of the effect (as some hold) and is derived (say they) of ad and sero, assero, because of Wood grounds, Marishes or waste grounds, they are converted to be sown with Corn, and therefore in the Register, and F. N. B. it is written assertare, with an E. and so it is in this Chapter here in the Latin. Bracton Lib. 4. fol. 226. hereof saith, Illud quod fuit ali­quando boscus, & locus vastae solitudinis & communia & jam inde efficitur Assartum, vel redactum est in Culturam. And here­with [Page 8] agreeth Fleta, lib. 4. c. 22. lib. 2. cap. 25. illud olim fu­it Foresta, et boscus, &c. et jam efficitur Assartum, & reductum est in Culturam, et idem dici poterit de Mariscis et aliis vastita­tibus in culturam redactis. Others fetch it otherwise, but we hold, that it is derived of the French word essarter, to grub up, or clear a ground of wood, &c. and this appeareth by Domes­day. Hereford-shire. Merchela in eodem manerio sunt 58. acrae, terrae provect. de silva, written over the same essars: de es­sart silvae exeunt 17. s. and 4. d. E. being turned into A. Co. Instit. 4. part. fol. 306, 307.

(‖) Where it it is said (tempore Coronationis Regis Henrici Avi, that is of H. 2.) it is to be known that he was Crowned twice, viz. the 20. of December in the first year; he caused his Son Henry to be Crowned King the 15. of June, in the 16. year of his reign; Henry his Son died the 11. of June in the 28. year of his reign; after whose death King Henry Fitz-Empresse was Crowned again. Id. fol. 293.

The Ranger is a sworn Officer of the Forest, of which sort there seem to be twelve, as you shall see in the 7. Chapter, but he is not within the Forest, having no charge of Vert, but only of Venison that cometh out of the Forest into his charge, or [Page 9] part of the Purlieu, to safe conduct them back again. And it is to be noted, that in such Forests as have no Purlieus, there is no Ranger, but Foresters serve the turn.

This Ranger is made and appointed by the King, his Letters patents under the great Seal; and for his better encouragement in his duty, he hath a yearly fee of twenty pounds, or thirty pound paid out of the Exchequer, and certain fee Dear both red and fallow; his Office consisteth chiefly in these three points:

1. Ad perambulandum quotidie per terras de afforest at as, ad videndum audiendum & inquirendum, tam de Malefactis, quam de Malefactoribus in Balliva sua.

2. Ad Refugandum feras Forestae tam Veneris quam Chaseae de terris deafforestatis, in terras afforest at as: &

3. Ad praesentandum omnes trangressiones Forestae in terris de­afforestatis factas, ad proximas Curias illius forestae tent as.

As for the Oath of the Ranger, it is continually in these words. You shall truly execute the Office of a Ranger in the Pur­lieu of P. upon the border of the Kings Forest of P. You shall re­chase with your Hound and drive the Wild Beasts of the Forest, as often as they shall range out of the same Forest into the purlieus; You shall truly present all unlawfull hunting and hunters of Wild Beasts of Venary and Chase as well within the purlieus (which proveth that the purlieus are no part of the Forest, but distiuct things) as the Forest; and those and all other offences you shall present at the Kings next Court of Attachments, or Swanimote, which shall first happen: So help You God. Co. Instit. 4 Part. fol. 304.

Purlieu is all that ground near any Forest, which being made Forest by Henry the second, Richard the first, or King John, were by Perambulation granted by Henry the third, severed again from the same. Manwood, Part. 2. of his Forest Laws, cap. 20.

Purlieu, saith my Lord Coke, containeth such grounds which Henry the Second, Richard the first, or King John added to their Ancient Forests over other mens grounds, and which were disafforested by force of this Statute, in the first and third Chapters, and the Perambulations and Grants thereupon. And is derived from a French Adjective, and a French Noun, viz. Pur, which signifieth clear, entire, and exempt, and lieu, [Page 10] that is, a place entire, clear, or exempt from the Forest. And both of these derived from the Latine Adjective and Noun: viz. Purus locus, and in this sence the Civilians called that purum locum qui sepulchrorum Religioni non est obstrictus. And the perambulation whereby the Purlieu is deafforested, is called in French Pourallée. i. e. perambulatio: so as the purlieu and pou­rallée are two distinct things, and 33 E. 1. Stat. 5. purlieu is the right name of the place deafforested. Co. Instit. 4. Part. fol. 303.

By this it appeareth that Chases that never were any Forests cannot have any Purlieu, and consequently the case in 16 Dyer. 326, b. 327. is mistaken, for the Chase of Whaddon ne­ver was any Forest. Whereby it may be observed, how necessary the true derivation of words is, according to Lit­tleton's Example. id. ibid.

By this deafforestation the owners of the grounds within the Purlieu may at their will and pleasure fell, cut down, eradicate, and stubb up all the Timber, Woods and under­wood, convert their Pastures, Meadowes, and other grounds to arable, inclose them in with any kind of inclosure, build and erect new Edifices upon the same or any part thereof, and to dispose and use the same after the disafforestation, as if they never had been afforested. id. ibid.

(a) Expaaltare Canes. i. e. Expeditare Canes. Expeditating or Lawing of Dogs. Expeditatio is derived of ex and pede, because the Dog is lamed in the foot. Co. Instit. 4. Part. fol. 308.

(b) Canis in this Chapter is taken for Mastivus by these words, talis Expeditatio fact' per Assisam communiter usitatam, which hath reference to the Assise of the Forest, tempore Henri. 2. Art. 6. which speaketh only de expeditatione Ma­stivorum & Assis. & consuetud. Forestae, 6 Ed. 1. cap. 9. speaketh only de Mastivo. id. ibid.

Ortelles, this word is taken from the French word Orteils des pieds. i. e. digiti pedum, the Toes, or here Claws. ibid.

Pellota, of the French word Pelote, and they from Pila; in this act it is taken for the Ball of the foot, sine Pelota, without the ball of the foot. And therefore by the express words of this Chapter the ball of the foot of the Mastive is not to be cut off, but the three claws of the forefoot to the skin. This extendeth only to Mastiffs, and to no other Dogs; for Ʋbi non est Lex ibi non est Transgressio; and necessary it is, that such as dwell in Forests where there are Coverts, that they [Page 16] should keep other Dogs unexpeditated, and the Mastiff unex­peditated for the defence of their house, or for giving of warn­ing of Thieves and Robbers, &c. ibid.

The words of this Chapter are, De expeditatione Canum existentium in Foresta; and therefore in Purlieus or places deafforested, a man may keep a Mastiff without being expe­ditated. Ibid.

If Grey-hounds be found running ad Nocumentum, the Forester ought to retain them, and present them in the pre­sence of the Verderers, and send them to the King, or to the chief Justice of the Forest. Ibid.

The Court of Regard, or Survey of Dogs, as you see by this chapter, is holden every every third year, for Expedi­tation or lawing of Dogs by that Court. Id. fol. 289.

In this Statute of 25 Ed. 3. c. 7. the words are: More­over, It is Accorded and Established, That no Forester, nor Keeper of Forest or Chase, nor any other Minister, shall make or gather Sustenance, nor other Gathering of Victuals, nor other thing, by colour of their Office, against any Man's Will, within their Bailywick, nor without; but that which is due of Old Right.

(a) Forestarius is taken for a Wood-ward, not only of the King within his Forest, but ex vi termini of any Subject of his Woods wheresoever they lye; as appeareth by a Writ in Bracton, lib. 4. fol. 316. a. & b. & 231. a. Vid. Co. Instit. 4. part, fol. 293. But in Legal Understanding, he is taken for a sworn Officer Ministerial of the King's Forest; and his Duty appeareth by his Oath, which consisteth of Five Parts.

1. That he shall be Loyal and True to the Master of the Forest.

2. That he shall truly walk and keep the Office of the Fore­stership, and true Watch make both Early and Late, both of Vert and Venison.

3. Truly attack, and true Presentment make of all manner of Trespasses done within this Forest, to his Knowledge; and especially, within the keeping of his Baylwick.

4. The King's Councel, his Fellows, and his own, he shall truly keep. And,

5. No Concealment make for no Favour, Meed, or Dread; but well and truly to behave himself therein. Co. ibid.

Officers of the Forest shall not be sworn on Enquests out of the Forest. Ordinat. Forestae, 34 E. 1. cap. 5. ibid.

(b) Bedellus, is an Officer of the Forest, that doth warn all the Courts of the Forest, and doth Execute the Process of the Forest, and make all Proclamations as well within the Courts, as without; and is derived from the Saxon Word Bydder, to Call or Warn, or of the French VVord in Nor­mandy, Bedeau, a Bayliff, or Apparitor. Co. Instit. 4 part, fol. 313.

How many sorts of Officers, and what Number do belong to a Forest; you may be satisfied in, by my Lord Coke's Re­cital of them, as they are found in the Eire of Picke­ring.

The Foresters, by this Chapter, for keeping of the Forests, are to be so many, as shall reasonably seem sufficient for the same.

The Verderers are most commonly Four in every of the King's Forests.

They are Judicial Officers of the Forest, and chosen in Full-County, by force of the King's Writ.

The Office of a Verderer is to observe and keep the Assi­zes or Laws of the Forest; and to View, Receive, and In­roll the Attachments and Presentments of all manner of Tres­passes of the Forest of Vert and Venison; and to do equal Right and Justice, as well to Poor as to Rich. All this, and much more you may read in the Oath, which he taketh be­fore the Sheriff. Co. Instit. 4 par. fol. 292, 293.

The Form of it you may see in Manwood's First Part of his Forests Laws, pag. 51. You shall truly serve our Sovereign Lord the King, in the Office of a Verderour of the Forest of P. You shall to the utmost of your Power and Knowledge, do for the Profit of the King, so far as it doth appertain unto you to do. You shall preserve and maintain the Antient Rights and Franchises of his Crown. You shall not conceal from his Majesty any Rights or Priviledges, nor any Offence either in Vert or Venison, or any other thing. You shall not with-draw, nor abridge any Defaults; but shall endeavour your self to ma­nifest, and to Redress the same: And if you cannot do that of your self, you shall give Knowledge thereof unto the King, or unto his Justice of the Forest. You shall deal Indifferently with all the King's Leige People. You shall Execute the Laws of the Forest, and do equal Right and Justice, as well unto the Poor, as unto the Rich, in that appertaineth unto your Office. You shall not oppress any Person by colour thereof, for any Reward, Favour, or Malice. All these Things you shall, to the utter­most of your Power, observe and keep.

The Regardatores, or Rangers, are by this Chapter to be Twelve at the least; but by the said Eire of Pickering, it appeareth there may be more, for there are there set down Thirteen by name. Vid. Co. Instit. 4 par. fol. 311.

The Agistors, or Gist-takers, are Four in Number within every Forest: Their Office you shall see more of in the Nineth Chapter. And,

There are several others, which you may see in Manwood, par. 2. cap. 1. nu. 4, & 5. together with their Offices, too long here to be inserted.

▵ Scotales, Scotale, derived of two English words, Scot and Ale; as much as to say, a Tribute or Contribution of Drinking for the Ministers of the Forest; when they came to the House of any, whereunto others are Contributory within the Perambulation of the Forest, which then was called Po­tura, a Drinking. And after, they claimed the same for all Victuals for Themselves, their Servants, Horses, and Dogs, which was called Putura: And this doth notably appear by a Record in 5 E. 3. in these words:

Putura in Chacea de Bowland. i. Consuetudo clamata per Forestarios, & aliquando per Ballivos hundredorum, recipere Vi­ctualin, tam pro seipsis, hominibus, equis & canibus de tenen­tibus & inhabitantibus infra Perambulationem Forestae seu hun­dredi quando eò pervenerint, nihil inde solvend. And where­as it is enacted by the Statute 25 E. 3. c. 7. above-men­tioned, That no Forester, or Keeper of Forest or Chase, &c. shall make or gather Sustenance, &c. against any Man's Will, &c. but that which is due of Old Right; that is, those Fees which time out of mind, they ought to have within that Forest, and as shall appear to be due by the Oaths of Twelve Regarders, or Rangers. Co. Instit. 4 par. fol. 307.

Within every Forest there are these Courts.

1 C. First, The Court of the Attachments, or the Wood-mote Court: This is to be kept before the Verderers every For­ty Dayes throughout the Year; and thereupon is called The Forty-day Court. At this Court, the Foresters bring in the Attachments de Viridi & Venatione, and the Presentment thereof; and the Verderers do receive the same, and in­roll them: But this Court can only Enquire, and not Con­vict. But it is to be observed, that no Man ought to be at­tached by his Body, for Vert or Venison, unless he be ta­ken with the Manner within the Forest; otherwise the At­tachment must be by his Goods.

2 C. Secondly, The Court of Regard, or Survey of Dogs to be Holden every Third Year for Expeditation, as before has been said.

3 C. Thirdly, The Court of Swanimote, which is to be Holden before the Verderors, as Judges, by the Steward of the Swani­mote, thrice in the Year; and the Foresters ought to present their Attachments at the next Swanimote-Court; and the Free-holders within the Forest, are to appear at the Swanimote, to make Enquests and Juries. And this Court may enquire de Super onerationae Forestariorum, & aliorum Ministrorum Fore­stae, & de eorum oppressionibus populo nostro illatis. And this Court may not only Enquire, but Convict also; but not give Judgment.

Vid. 1 E. 3. ca. 8. 50 E. 3. Assiz. 442. Co. Instit. 4 par. f. 289.

Swanimote is derived of Swein, that is, Saxonicè Minister; and Mote, or Gemote, which is Curia, i. e. Curia Ministro­rum Forestae; so called, because it is but a Preparative for the Justice-Seat, a. Ordinat. Forestae, 34 Ed. 1. cap. 4. id. ibid.

For the Jurisdiction of this Court, there is a Notable Case in 45 E. 3. in a Writ of Trespass of False Imprison­ment, brought against J. de W. the Defendant said he, is Forester in fee of the Forest, and that a certain Swanimote it was presented by the Foresters, Verderers, Regarders, and Agistors, that the Plaintiff had chased and taken Deer with­in the Forest: Whereupon the Defendant being Forester in Fee, came to the Plaintiff, and pray'd him to find Pledges to answer the same before the Justice in Eyre, in this Coun­try, (that is, at the Justice-Seat): and that to do the Plain­tiff refused; by force whereof he retain'd him, until he had performed the Statute in that Case provided; and justifyed the Imprisonment. The Plaintiff replyed, De son tort De­mesne sans tiel cause; and the Issue was received by the Court. And it was said, That before the Justice in Eire he should have no Averment against the Presentment of the Fore­sters. Id. f. 290.

Hence are Six Conclusions observable.

1. First, That the Law of the Forest is allow'd and bound­ed by the Common-Laws of this Realm.

2. Secondly, That though the Verderers be Judges of the Swanimote, and the Steward but a Mininster; yet the Pre­sentment in that Court, is as well by them as Verderors, as by Foresters, or Keepers, Regarders, and Agistors, by the Law of the Forest.

3. Thirdly, That a Forester or Keeper may Arrest any Man, that Kills or Chaseth any Deer within the Forest, when he is taken with the Manner within the Forest; or if the Of­fendor be Indicted.

If a Man be so Imprisoned, and after offer sufficient Pled­ges, and they are not taken; seeing Justice-Seats for Fo­rests are very seldom Holden, this is his Remedy▪

In the Term-time, he may have Ex merito Justitiae, a Ha­beas [Page 24] Corpus out of the King's-Bench; or, if he have Privi­ledge, out of the Court of Common-Pleas, or of the Ex­checquer, or out of the Chancery, without any Priviledge in Term, or out of Term in time of Vocation; and upon the Return of the Writ, may be Bailed to appear at the next Eire to be Holden for the Forest, &c. and also, may be Bail­ed by a Writ de Homine Replegiando, directed Custodi Fo­restae, if he be Arrested by the Officers of the Forest, for Hunting, &c. whereof he stands Indicted, or Presented, ta­ken with the Manner, he finding Twelve Pledges: But if he be adjudged by the Justices in Eire, and Imprison'd, he can't be Bailed by that Writ.

If he be unjustly proceeded against, he hath there Remedy by Law.

Note a Difference, between the Writ de Homine Reple­giando directed to the Sheriff; for he cannot by Stat. West. 1. cap. 15. Replevy any Man imprisoned for the Forest, be­ing taken with the Manner, or Indicted: But this Statute reaches not to that of de Homine Replegiando, directed Cu­stodi Forestae.

4. Fourthly, That the Offendor may be Retained by him, until he hath found Pledges to appear before the Justice in Eire; because (as hath been said) the Swanimote-Court hath no Power of Judicature: But if sufficient Sureties be of­fered, he ought not to be Imprisoned.

5. Fifthly, The Justice in Eire at his Sessions, may, by the Law of the Forest, proceed upon the Presentments or Ver­dicts in the Swanimote-Court, though they are taken in a­nother Court. And,

6. Lastly, Note, The Issue joined upon the Plea of the Forester, viz. De injuria sua propria absque tali causa, and allowed by the Court, and the Consequent thereupon.

Note also, That if at the Swanimote, the Presentment of the Foresters be found true by the Jury concerning Vert or Venison, the Offendor standeth thereof Convict in Law, and cannot Traverse the same: But an Indictment or Present­ment before the Chief-Justice of the Forest, at a Court of 21 E. 3. 48. the Justice-Seat by a Jury, and not found in the Swani­mote, [Page 25] may be Traversed, 8 E. 3. Itinere Pickering, 147. a. because it is not Presented but by one Jury. Co. Instit. 4 par. 290, 291.

4 C. There is also the Court of the Justice-Seat, holden before the Chief Justice of the Forest, aptly called Justice in Eire; for so he is, and hath Authority and Jurisdiction to Hear and Determine concerning Vert and Venison, &c. by force of Letters Patents under the Great Seal; whereof there are Two: One for the Forest on this side of Trent, the Other beyond. Id. 291.

The Court of the Justice-Seat can be kept but every Third Year; and other Justices in Eire kept their Courts every Seventh Year. And it must be Summoned Forty dayes at least, before the Sitting thereof: And one Writ of Sum­mons is to be directed to the Sheriff of the County. Id. Ibid.

There is another Writ of Summons directed Custodi Fo­restae, &c. And this consists of Two Parts.

1. To summon all the Officers of the Forest, to bring with them all Records, &c.

2. All Persons who claim any Liberties or Franchises with­in the Forest, &c. to shew how they claim the same. Id. Ibid.

More of this shall be said in the Sixteenth Chapter.

(▵) Greenhue is Vert; and signifieth in the Laws of the Forest, Every thing that doth Grow, and bear Green Leaf, with­in the Forest, that may cover and hide a Deer. Manwood 2 par. Forest-Laws, fol. 6. a. & fol. 33. b.

Vert is divided into General and Special; Vert General is, as above Defined; special, is every Tree and Bush within the Forest, to Feed the Deer withal; as Pear-Trees, Crab-Trees, Hauthorns, Black Bush, and the like. And the reason of this Name is, because the Offence of destroying such Vert, is more highly punished than any other, according to the Quantity thereof. See more C. 16.

Mensis Vetitus, Fence-Month, or Defence-Month; so cal­led; because it is the Fawning-Month, when the Does have Fawnes; for the Preservation whereof, they ought to be [Page 26] Fenced, and Defended from Hurt and Disquiet. It con­tains a Kalendar-Month of One and Thirty Dayes, and be­gins the Fifteenth Day before Mid-Summer; in the begin­ning whereof, a Swanimote is to be holden, and endeth Fifteen Dayes after: as you may see by this Chapter. The Third Swanimote to be kept in the beginning of Fifteen Dayes ante Festum Sancti Johannis Baptistae, quando Agistatores no­stri conveniunt pro * Faonatione seu Feonatione bestiarum Nostra­rum. Co. Instit. 4 par. fol 313.

In the Printed Book it is Venatione, which ought to be a­mended, and made Faonatione, or Feonatione; which signi­fieth the Fawning.

This word Faonatio, or Feonatio, is derived of the French word Faonier, i. e. to Fawn, or for Does to bring forth. Id. ibid.

Agistator, so called, because he taketh Beasts to Agist­ment; that is, to Depasture within the Forest, or to Feed upon the Pawnage; and cometh of the French Word (Gey­ser,) i. e. to Lie; because the Beasts that Feed there, are there Levant and Couchant, Lying and Rising. Co. Instit. 4 par. fol. 293.

Agistment is properly the Common of Herbage, of any kind of Ground, or Land, or Woods, or the Money due for the same. Mr. Manwood, par. prior. of his Forest-Laws.

This Officer is Constituted by the King's Letters Patents: And of these, in such Forests where there is any Pawnage, there be Four in Number. Co. ibid.

There Office consisteth in these Four Points: 1. In Agi­stando. 2. Recipiendo. 3. Imbreviando. 4. Et Certifican­do. ibid.

(□) Pawnage, (Pannagium, aliàs Pasnagium) or Penna­gium, as it is Latined in Pupilla Oculi, may be thought to come of the French Panez, or Panets; which is a Root much what like to a Parsnip, but less and ranker in Taste; which Hogs do there Feed upon, though it be Eaten by Men also. It signifieth in our Common-Law, the Money taken by the Agistors, for the Feed of Hogs with the Mast of the King's Forest. Cromp. Jurisd. fol. 155.

Mr. Manwood, par. prior. of his Forest-Laws, saith, Paw­nage is most properly the Mast of the Woods, or Lands, or Hedge-Rowes, or the Money due to the Owners of the same for it.

Mr. Skene de Verbor. Signif. calleth it Pannagium; and [Page 28] defineth it to be the Duty given to the King, for the Pastu­rage of Swine in the Forest.

Quietum esse de Pannagio, i. e. to be quit to pay any thing for Pawnage. Vid. F. N. B. p. 230.

In this, and in other Chapters of this Statute, Venatio sig­nifieth Venison, as in the Eighth and Sixteenth. It is cal­led [Page 29] Venison of the Mean, whereby the Beasts are taken, Quoniam ex Venatione Capiuntur; and being Hunted, are most Wholesome. They are called, Beasts of Venary, (not Venery, as some term it) because they are gotten by Hunting.

Ordinatio Forestae, cap. 15. Co. Instit. 4 par. fol. 316.

There be many Beasts of the Forest, by the Laws of the Forests of England.

The Hare in Summer, the Hinde in Winter; and all that proceed as of them: The Buck in Summer, the Doe in Win­ter, and the Proceed of them: The Hare, Male and Female, and their Proceed: The Wild-Boar, Male and Female, and their Proceed: And the Wolf, Male and Female, and their Proceed: The Martin, Male and Female. The Roe is no Beast of the Forest, but it is a Beast of Chase; and so it was resolved by the Justices, and the King's Councel, That Capreoli non sunt Bestiae de Foresta: And this was the Rea­son of it, eò quod fugant alias feras. Hill. 13. E. 3. coram Rege in Thesaur. Co. Litt. Sect. 378. fol. 233. a.

The Proceeds of the Hart and Hinde: The Male, the First Year a Calf, the Second a Brocket, the Third a Spay­ad, the Fourth a Staggard, the Fifth a Stagg, the Sixth a Hart; and so after. The Female, the First Year a Calf, the Second a Brocket's Sister, and the Third Year a Hinde. Co. Instit. 4 par. fol. 316.

The Proceeds of the Buck and Doe: The First Year a Fawn; the Second Year a Pricket, the Third Year a Sorel, the Fourth a Sore, the Fifth a Buck of the First Head, the Sixth a Great Buck. ibid.

The Proceeds of the Hare: The First Year a Leveret, the Second Year a Hare, the Third a Great Hare.

Of a Wild-Boar: A Pigg, a Hogg, a Hogg-Stea [...], a Boar, and after a Sanglier.

The Seasons by the Law of the Forest, for the Beasts of the Forest are these:

Of the Hart, and the Buck, beginneth at the Feast of St. John Baptist, and endeth at Holy Rood-Day.

Of the Hinde and Doe, beginneth at Holy-Rood, and con­tinueth till Candlemass.

Of the Fox, at Christmass, and continueth till the Twen­ty Fifth of March.

Of the Hare, at Michaelmass, and lasteth till Mid-Sum­mer.

Of the Boar, from Christmass till Candlemass. id. ibid.

(⊙) Taken: Taken with the Mayneer, à Manu, is in four kinds; viz. Dog-draw; that is, Drawing after a Deer, which he hath hurt. Stable-stand; viz. At his Standing with any Knife, Gun, or Bow, or close with Grey-Hounds in his Leash, ready to Shoot or Course. Back-bear; (Bracton, lib. 3. fol. 32.) that is, Carrying away the Deer, which he Killed. Bloody-hand; i. e. When he hath Shot, or Cour­sed, and is imbrued with Blood. id. fol. 294.

If the King, or other Lord do Pardon a Trespass in a Fo­rest, and the Offendor at a Justice-Seat, by his Learned Coun­cel, plead the same; in the Proceeding thereupon, we do observe Two things: 1. That by the Law of the Forest, be­fore any Allowance thereof, the Justices charge the Mini­sters of the Forest, to enquire, whether the Delinquent hath done any Trespass in Vert or Venison, after the Date of the Pardon. 2. When the Pardon is allowed, then the Entry is, Quod invenit manucaptores quod à modo non forisfac'. i. non Delinqueret aut peccaret. But if an Offendor be Con­victed for Trespass in the Forest, in Hunting, &c. and ad­judged to be Fined or Imprisoned; which Fine, though it be paid, yet shall he find Sureties for his good Abearing, &c. in these words: Quod à modo se bene geret, & in Fo­resta praedicta non forisfac', i. non Delinqueret seu peccaret. Ʋnde forisfactura pro delicto. idem, fol. 313.

We find not any Chapter or Article of this Charta de Fo­resta, doth extend to Chases or Parks, but only this Eleventh Chapter. Quicun (que) Archiepiscopus, Episcopus, Comes, vel Ba­ro ad mandatum nostrum transierit per Forestam nostram, &c. which doth not only extend to the Forests of the King, but to His Chases and Parks also: For so was the Law before the Making of this Act, which is but in Affirmance of the Common-Law of the Forest, before this Act. Co. Instit. 4. par. fol. 308.

First, In respect of the Persons: For, every Lord of Par­liament, be he Spiritual or Temporal, had this Privilege be­sides those that be named in this Chapter; as, such Abbots and Priors, as were Lords of Parliaments; and so of [Page 32] Dukes, Marquesses, and Viscounts, who were Erected and Created, afterwards being Lords of Parliament, have the same Privilege also. id. ibid.

Secondly, By reason of the kind of Commandment; Ad mandatum nostrum, saith the Statute; which words have re­ference to the Writ of Parliament, directed to every Lord of Parliament, Ideo vobis mandamus, &c. and is a Legal Commandment by Writ directed severally to each and eve­ry Lord of Parliament, to appear at the King's Court of Parliament, &c. to treat De arduis & urgentibus negotiis Regni, Statum & Defensionem Regni & Ecclesiae Anglicanae concernentibus. And to Recreate themselves, Veniendo, and after Redeundo, they may, passing by any of the King's Fo­rests, Chases, or Parks, Hunt and Kill one or two of the King's Deer. The Lords of Parliament may do it at other times ex Gratia, but by Law, Eundo & Redeundo, to and from the Parliament.

Thirdly, Here is implyed, that the Lord of Parliament may, in the Absence of the Forester or Keeper, after the Blowing of the Horn, Kill one or two of the King's Deer; Propriis suis Canibus, aut Arcu suo proprio.

Fourthly, Here is a secret Conclusion of Law, That albeit Spiritual Persons are Prohibited by the Canon-Law, to Hunt; yet by the Common-Law of the Land, they may for their Recreation, to make them fitter for the Performance of their Duty and Office, use the Recreation of Hunting, as here it directly appeareth. And in Assisa Forestae, 6 E. 1. it ap­peareth, That the Abbot of Peterborow had a Right of Hun­ting in the Forest of Rockingham. And this appeareth in o­ther Statutes, viz. 13 R. 2. 19 H. 7. 1 Jac. c. 27. And at this Day, and Time out of mind, the King hath had after the Decease of every Arch-Bishop and Bishop (inter alia) Matam suam Canum, &c. his Kennel of Hounds, or a Com­position See 25 H. 8. cap. 19, &c. for the same; which, and other things, are in the Exchecquer called Multa.

Fifthly, The last Conclusion is, That all Canons against the Laws or Customs of the Realm, are void, and of none effect.

The Jurisdiction of the Forest being Local, the Law of the Forest hath provided, That the Forest should be inclosed by Meets and Bounds, which indeed are the Inclosure of the Forests: For, as Parks are Inclosed with Wall, Pale, or Hedges; so Forests and Chases are Inclosed by Meets and Bounds: And as a Park cannot be a Park, without such an Inclosure indeed; so it can be neither Forest nor Chase, with­out an Inclosure in Law; that is, by Meets and Bounds. Metae sunt Clausurae Forestarum & Chacearum. And where, by the Statute 6 E. 1. c. 18. it is provided, Quod omnes metae Forestae sint integrae Domino Regi; that is, so to be un­derstood, Quoad Jurisdictionem & Imperium, & non quoad [Page 34] Dominium: For if Rivers or High-Wayes be Bounds, (as most commonly they be) yet the King hath no more In­terest in the Soil, Way, River, or Fishing, than of Right he ought; but only for his Jurisdiction of his Forest, which extendeth over the whole Way, River, &c. And where Mills, and other Houses, Trees, &c. of other Men, and such like, be Meets and Bounds of the Forests; yet there­by the King hath no Interest in such Mills, Houses, or Trees, &c. See more of this in Co. Instit. 4. par. fol. 315. 316.

Here is nothing in this Chapter so Difficult, as to need Ex­plaining.

(a) Aerie is in our Language, the proper word in Hawkes; 8 E. 3. Itin. Pick. Sir John de Melsa's Case. for That we generally call a Nest in other Birds; and so used here.

The Statute speaketh De Aëriis Accipitrum, Espervorum, Falconum, Aquilarum, & Hieronum; which is but in Affir­mance [Page 35] of the Common-Law; for it extendeth to Aëries of other Hawkes than be specially named; as to Aëries Mer­leonorum in boscis suis de Levesham. Co. Instit. 4 par. fol. 310.

Chiminage (as is here expressed) signifieth a Toll for Way­farage through the Forest. Crompt. Jurisdic. fol. 189. Man­wood, par. 1 of his Forest-Laws, fol. 86.

Quietum esse de Carego, cum aliquae Cartae, seu Carectae car­tatae Transeuntes per Forestam, & similiter summagia seu so­magia equorum Consuet. sunt solvere secundum magis vel minus Ministris ibidem pro Chemino, ibidem habend. Sum­magium, or Sommagium, cometh of the French word Sommi­er, or Summier; which signifieth a Horse carrying any Load. Chimagium, is derived from the French word Chemin, a Way; and, as the Lord Coke sayes, is a Toll for Waysaring-Men through a Forest. Co. Instit. 4 par. fol. 306.

Here you see, though the Out-Laws are Pardoned; yet they are obliged Invenire Manucaptores quod à modo non fo­risfac', i. non Delinquerent aut peccarent.

▵ Greenhue, Vert, is whatsoever beareth green Leaf, but especially of green and thick Coverts: And Vert is of di­vers Kinds, some that beareth Fruit, that may serve as well for Food of Men as of Beasts, as Pear-Trees, Ches­nut-Trees, Apple-Trees, Service-Trees, Nut-Trees, Crab-Trees, &c. and for the shelter and defence of the Game: some called Haut-Bois, serving for Food and Browse of, and for the Game, and for the defence of them, as Oakes, Beeches, &c. some Haut-Bois, for browse, and shelter, and defence only, as Ashes, Poplers &c. Of Sub-Bois, some for Browse and Food of the Game, and for shel­ter, and defence, as Maples, &c. some for Browse and defence, as Birch, Sallow, Willow, &c. some for shel­ter and defence only, as, Alder, Elder, &c. Of Bushes and other Vegetables, Some for Food and Shelter, as the Haw-Thorn. Black-Thorn, &c. Some for hiding and shel­ter as Brakes, Gorss, Heath, &c. To Sum up all, Plan­tarum tria sunt genera: Arbores, Arborescentes, & Herbae, [Page 39] Arbores, as Haut-Bois, and Sub-Bois. Arborescentes, as Bush­es, Brakes, &c. Herbae, as Herbs and Weeds, which, al­beit they be Green, yet our legal Viridis, Greenhue, ex­tendeth not to them. Co. Instit. 4. par. fol. 317.

(*) The Court of the Justice-Seat hath Jurisdiction to inquire, hear, and determine two things: 1. All Trespas­ses within the Forest, according to the Laws of the Fo­rests. 2. All the Claims of Franchises Privileges, and Li­berties within the Forest; as, to have Parks, Warrens, Vi­varies, to be quit of Assarts and Purprestures, to cut down 21. H. 7. 30. his own Woods, without View of the Forester, &c. like-wise Claims of Leets, Hundreds, Felons Goods, Waifs, Strayes, Fugitives, and to kill Hares and other Beasts of Chase within the Forest; or to have a Wood Infra Me­tas Forestae, & extra Regardum Forestae, that is, to be out of Jurisdiction of the Forest, and other Franchises, Privi­leges, Liberties, Immunities, Freedomes, &c. within the Forest; whereof excellent Matter is to be Read in the Eire of Pickering, in 8. E. 3. Rot. 3. 1. Co. 4. Inst. fol. 291.

This Chief Justice may by the Stat. 32. H. 8. c. 35. make his Deputy, (yet all the Writs of Summons, Anti­ent and Late are Coram (the Justice Itinerant) Aut ejus Deputato. Before any Justice-Seat be holden, the Re­garders of the Forest, must make their Regard by Force of the King's Writ, and the Regard is Obambulare, to go through, and view the whole Forest, and every Bailywick of the same, Ad videndum, inquirendum, imbreviandum & certificandum all the Trespasses in the Forest.

His Office extendeth through the whole Forest, and e­very Part thereof, to inquire of all offences concerning Vert and Venison, and of all-Concealments of any Offen­ces or Defaults of the Foresters, and all other Officers of the King's Forest. He is a Ministerial Officer, and is Con­stituted either by Letters-Patents of the King, or by the Chief-Justice at the Justice-Seat, or to be chosen by Writ to the Sheriff, id. ibid.

Before a Justice-Seat, there ought to be preparations for the same; to the end, that good Service may be done there, [Page 40] Et quod Itinera non sint umbratilia. ibid & sequent.

Note, Before Scroop, and other Justices in Eire, accor­ding Kilway. 150. 6. V. 21. H. 7. 22, & 30. to the Course of the Common-Law, a Man Claimed to be quit of Pawnage of the King's Forest; And also he Claimed in the same Forest, Pawnage of his Tenant Pour Agistes; And for that this belonged to the Justices of the Forest; they would not meddle with it. And the Reason of that, is, the Words of the Chapter, Praesententur Capi­talibus Justiciariis nostris de Foresta, cum in partes illas ve­nerint, & coram eis terminentur. So as the Termination and Ending thereof, belongeth to the Chief Justices of the Forest, by the express Words of this Chapter; and where it saith, Coram Capitalibus Justiciariis nostris, &c. It is to be known, That there is but one Chief Justice of the Fo­rests on this side Trent, and he is named Justiciarius iti­nerans Forestarum, &c. citra Trentam. And there is ano­ther Capitalis Justiciarius, and he is Justiciarius Itinerans omnium Forestarum, &c. Ʋltra Trentam; who commonly is a Man of greater Dignity, than Knowledge in the Laws of the Forest. And therefore, when Justice-Seats are to be Holden, there be Associated to him such as the King shall appoint, who together with him shall determine Om­nia placita, &c. Forestae, with a Patent of Si non omnes, and a Writ de Admittendo, &c. And the Chief Justice of the Fo­rest, and these Associates, are Capitales Justiciarii Forestae, and named Capitales in respect of the Verderors and o­thers, that to some purposes have inferiour Judicial Pla­ces.