A brief COLLECTION of the Laws of the Forest: Collected and gathered together, aswell out of the Statutes & Common Laws of this Realm, as also out of sundry ancient Precedents and Records, concerning matters of the Forest.  
With an Abridgement of all the principal Cases, judgements, & enters, contained in the Assizes of the forests of Pickering, and of Lancaster.  
By john Manwood of lyncoln's Inn, Student in the Laws of this Realm.   

The Preface to the matter.  
THE ancient Laws of this Realm having always had a special regard, unto the continual study & care that Kings and Princes have in great and weighty affairs of matters of Common weal, for the good of their Subjects: whereby they are often times wearied with the toil of the same: and in respect thereof, the same laws have given unto them divers royal prerogatives of most noble and princely pleasures to recreate themselves withal, to put away from them the remembrance of their laboursome toil. Amongst which prerogatives, the royal prerogative of the liberty of a Forest is not the least: For, a Forest both is and hath been always accounted a franchese of such noble and Princely pleasure, that it is not incident unto any subject of this Ralme to have the same, but only unto the Crown and royal dignity of a Prince. And therefore there have been always certain particular laws differing from the Common Laws of this Realm, that were only proper unto a Forest, belonging to the same for the continuance of it.  
And it doth seem that forests have been of long time, and that they are very ancient things, although, peradventure, not in that nature that they are now used here in this Realm of England. For it doth appear, that there were forests, yea, even in the very time of king David: 
King David in his 50. Psalm. ver. 10.  For he saith in his 50. Psalm these words, O Lord, I need not to offer unto thee burnt Sacrifices of beasts: for all the wild beasts of the Forest are thine, and so are the cattle upon a thousand Hills: Then Ergo there were forests of wild beasts in his time. And it doth also appear by sundry ancient Histories, as in Concordantia Historiarum & others, 
Concordantia Historiar.  that forests have been always in this Realm, from the first time that the same was inhabited. 
Gurguntius.  And also you may read there that Gurguntius the son of Belyn being a king of this land, did make certain forests for his delight and pleasure in Wiltshire: and so have divers other kings also since his time in other places meet for that purpose: Which forests the Kings and Princes of this Realm have always maintained and preserved, (with divers Privileges and Laws 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 privileged pla●, & that they did any trespass therein, than they were punished with very ●●rp Laws & punishments according to the laws that then were in force, which were sharply executed, & which laws were then altogether uncertain: and the offenders were punished at the Kings will & pleasure, & not by any law certain: and those laws & punishments were duly executed & continued by the Kings of this Realm, 
Canutus, a Dane, was king here in England, in Anno Domini 1016.  until that Canutus a Dane came to be king of this land, which was about the year of our Lord 1016. who taking as great delight & felicity in forests as other most noble Princes of this Realm had done before his time: He for the better preservation & maintening of those privileged places of pleasure did establish certain Laws and Canons only concerning Forests, which Laws I have here placed first of all in this hook: for although that they have been raked up a long time in the Embers of oblivion, yet they are worthy to be remembered again. And because that they are the most ancientest laws that I can find concerning forests, therefore I have placed them first of all before any others, to th'end that those that shall read this book, may both see & know what laws there were in the beginning, concerning forests, and how they have altered & changed from time to time: and to that end I have here set down all the Statutes concerning forests that have been made since the time of the making of the said laws, because that it may thereby appear the more plainly how any one of them hath abrogated another, or any part thereof: by reason whereof, that which is law and in force at this day may the more easier be discerned and known.  
It appeareth by the Laws of Canutus the Dane king in his Canon the 30. that before his time, all wild beasts & birds were only the kings: and that no other person might kill or hurt them. 
Canutus Canon. 30.  For the king by his royal Prerogative, his right and privilege was such in England, that all such things that none of his subjects could challenge any property in, they were then said to be the Kings: as wild beasts, birds, & such like, in whose lands or woods soever they were found. Wherefore the same king made this law, Volo ut omnis liber homo pro libito suo habeat venerem sive viridem in planis suis super terras suas sine Chacea tamen, et devitent omnes meam ubicunque eam habere voluero, which is: that from henceforth, I will (saith the king) that every free man may take his own Vert & Venery or hunting that he can get upon his own ground, or in his own fields, being out of my Chase. And let all men refrain from my Venery in every place where I will have the same. 
The book of the Laws of Saint Edward the Confessor.  And also it appeareth in the book of S. Edward the confessor, which book is the very root and original ground of all the ancient Laws of England, that the same king Edward the confessor did confirm the same Law in these vordes: Volo ut omnis homo sit venatione sua dignus in nemora campo & dominico suo & abstineat omnis homo a venarijs meis ubicunque pacem eos habere volo super penam vitae. And so it appeareth, that both the said kings did grant and make this Law, that after that time it should be lawful for every subject to enjoy the benefit of his own hunting that he could any way take in his own land or in his own woods or fields, so that every man should refrain from hunting the kings wild beasts in his own Forests and privileged places for them: upon pain of the loss of life of such an offender. 
William the Conqueror.  Which Laws William the Conqueror did afterwards in his time confirm, as it doth appear in the said book of the said Laws, chap. 47. And also he did continue the samae all his life time. 
William Rufus.  And after his death William Rufus his son in like sort continued those Laws during his life, until he was slain in new Forest as he was in hunting. And after the death of the said William Rufus without issue of his body king Henry the first his brother succeeded him as next heir unto the Crown of this Realm, 
Henry the first.  by his Charter did confirm all the said Laws of the Forest of Saint Edward the Confessor, as it doth appear in the red book in the exchequer called Liber Rubus, cap. 1. 
Liber Rubrus cap. 1.  Legum suarum, and also in the second Charter of the said book of the Laws of the Forest in these words, 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 Book, the pleas of the Forest are there specified and rehearsed in these words, Placita quoque Forestarum satis sunt in commoditat' valliat' sicut de assertis de Cessione de venatione de cumbustione etc. Which Laws of the Forest afterwards did more and more increase, and so did continue during all the life of the said king Henry the first. And after his decease, 
King Steven.  king Steven by his Charter did confirm all the said Privileges, Laws, & Customs made and granted by Saint Edward the Confessor, and also by king Henry the first his uncle, as it appeareth in the book of the said Laws. All which said Laws and Customs the said king Stenen did continue all his life. And after his decase king Henry the second succeeding him as next king of this Realm, 
King Henry the second.  by his general Charter did confirm the said Laws of the Forest in most things, & principally concerning the beginning of Carta de Foresta.  
For in the first book of his Laws made in the 19 year of his reign, Chap. 16. he rehearseth and declareth the Law of the Forest, and the very nature of that, and doth farther show there, how that the Laws of the Forest do vary and differ from the Common Law of this Realm, as it doth appear in the said red Book in the exchequer in these words, Sane Forestarum, lex, ratio pena quoque vel absolutio delinquentium sive pecuniaria fuerit sive 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 ut per legem eius factum fuerit non justum absolute, sed justum secundum legem Forestae dicatur, quia in Forestis penetralia regum sunt & corum maximae deliciae ad has quidem venandi causa Curis quandoque accedunt, ut modica quiet recreentur. And afterwards in the twelfth Chapter of the same book, there doth follow another sentence concerning the laws of the Forest in these words, In singulis Comitatibus Foresta regis non est, sed in nemorosis ubi ferarum latibula sunt & uberior pastura, nec interest cuius sunt nemora sive enim regis sive regni procerum liberos tamen & indemnes habeat ferae Circumque discursus: So that by those texts before rehearsed, it doth appear how the Laws of the Forest were taken and used in times past, and by those words, Nec interest, cuius sunt nemora etc. It is plainly showed that the king than might & yet may also make a Forest in every place where he pleaseth, aswell in the lands and inheritance of any of his subjects as in his own demesne lands and inheritance, which was a great loss and hindrance 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 devoured by the wild beasts of the king without any recompense for the same to be made unto them. And this law of afforesting of the lands and inheritance of other men did then daily so increase, that the same was thought a very extreme heavy burden, aswell unto noble men and gentlemen, as also unto the poor commonalty of this Realm to bear: for that they might not enclose their land, nor improve the same to their best profit that was so afforested by the king. But they were forced to suffer their said lands afforested to lie open and not enclosed. And if any of them did chance to offend against the Assizes or Laws of the Forest, the punishment was sometimes very great for a small offence: and the forfeitures for the same, according to the will and pleasure of the king, and not according to the quantity of the trespass, nor yet according to the course of the Common law of this Realm. And this law did continue during the life of king Henry the second. And after his decease, the same continued likewise during the reign of king Richard the first. And then after his disease, likewise during the reign of king john. 
Richard the first. King john  And every one of the said kings did daily increase and make more new forests and more in the lands of their subjects, to the great hindrance and impoverishing of their subjects.  
And this mischief was not at all remedied until the making of the Charter of the liberties of the Forest, 
Henry the third.  which was made by king Henry the third. And afterwards the same Charter was confirmed and enlarged by king Edward the first his son: which Charter was made for the pacifying of the Commonalty of this Realm that then were much aggrieved at this mischief. 
Edward the first.  And therefore the same Charter called Carta de Foresta even in the very first Article of the same did provide a remedy in that behalf in these words, Omnes Forestae quas Henricus aws noster aforestavit videantur per bonos & legales homines et si boscum aliquem alium quam suum dominicum afforestauerit ad damnum illius cuius boscus ille fuerit statim deaforestentur etc. By which branch of the said Charter, you do see, that all forests that king Henry the third had made of the lands of any of his subjects, which were not the kings own demean lands, are here appointed to be disafforested again.  
And again, in the third Article of the said Charter of the Forest, there is the very like remedy and provision, that all such forests which king Richard the first and also king john had afforested and made of the lands or woods of any of his subjects, being not the demesne lands of the Crown, that then all those lands and woods should be disafforested again: For these three kings, that is to say, king Richard the first, king john, and Henry the third had then newly afforested so much of the lands of their subjects, that the greatest part of this Realm was then become Forest.  
And because the mischiefs, inconveniences, and burdens that were then laid upon the Commonalty of this Realm, were very great and heavy, by the means of the Laws of the Forest: therefore the said Charter of the Liberties of the Forest, hath now moderated the extremenesse of those Laws in a more milder order, as you may perceive by the same.  
For he that doth attentively read and examine the whole Charter of the Forest, and every Article therein, may thereby partly perceive how hard and sharp the laws of the Forest were in times passed before the granting of the same Charter: And also what inconveniences the inhabitants in Forestes did then endure & suffer, by reason of the Forest laws: all which are now provided for, and in a measurable manner remedied, as you may perceive by the examination of every Article of the said Charter. And whereas the same Charter did allow or suffer any thing that hath since that time been thought to be over hard or sharp: the same hath since again been moderated, as you may here perceive by those Statutes that have been made since that time: So gracious and merciful have the Noble Princes of this Realm been towards their loving Subjects: So that now at this day, although that the laws of the Forest are of themselves very mild, gentle & merciful laws towards the Subjects of this Realm, over that they have been in times past. Yet notwithstanding, we do at this present live under the government of so gracious and merciful a Queen, that her clemency in the execution of those laws, is much more greater than the favour & clemency of the Laws themselves: Whose long life, prosperous reign, and most happy days, GOD of his merciful goodness grant long to continue, to the great comfort of all good Christian Subjects. Amen.   

Carta de Foresta, of king Canutus a Dane and a King of this Realm, granted at a Parliament holden at Winchester in the year 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, ut cunctis regni nostri Angliae Ecclesijs & pax & justitia fiat, & ut 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 provincia constituti, 
Pegened. These four chief men are those that now are called the Verder●rs. For they are four chief men of the Forest as they we●e then: and they do execute the same place: and they have the same authority in most things that these chief men had then.  ad justitiam distribuendam una 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 seem to be these men that now are called the Regarders: for they have the same office & authority that they had. Ealdermen.  quatuor ex mediocribus hominibus [quos Angli Lespegend nuncupant, Dani vero young men vocant] locati, qui curam et onus tum viridis tum veneris suscipiant.  
3 In administranda autem justicia nullatenus volo ut tales se intromittant: mediocresque tales post ferarum curam susceptam, pro liberalibus semper habeantur, quos Dani Ealdermen appellant.  
4 Sub horum iterum quolibet sunt duo minutorum hominum quos Tineman Angli dicunt, 
Tine man. These are they that now are called Foresters or keepers. Here you may note both their Office, authority, and beginning.  high nocturnam curam & veneris & viridis tum seruilia opera subibunt.  
5 Si talis minutus servus fuerit, tam cito quam in Forresta nostra locabitur, liber esto, omnesque hos ex sumptibus nostris manutenebimus.  

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

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

A Forester his fee by the year.  8 Minutorum quilibet, unam lanceam, unam arcubalistam & 15. solidos argenti.  
9 Sint omnes tam primarij, quam mediocres, & menuti, immunes, liberi, et quieti ab omnibus provincialibus summonitionibus, 
Hundred Law. All the officers of the Forestate to be acquitted of paying of any tribute or tax, and of all Summons & foreign pleas.  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 civilium per providam sapientiam et rationem primariorum judicatae et decise: Primariorum vero enormia si quae fuerint [ne scelus aliquod remaneat multum] nosmet in ita nostra regali puniemus.  
11 Habeant hi quatuor unam regalem potestatem [salva nobis nostra presentia] quaterque in Anno generales forestae demonstrationes et viridis et veneris forisfactiones quas Muchehunt dicunt, 
Muchhunt. The Verderors have regalem potestatem.  
Gang fordel.  ubi teneant omnes calumniam de materia aliqua tangente Forestam, 
They may proceed to a threefold judgement. Purgatio ignis. Triplex ordelia.  eantque ad triplex judicium quod Angli of Gangfordel dicunt. Ita autem acquiratur illud triplex judicium. Accipiat secum qumque et sit ipse sextus et sic iurando acquirat triplex judicium, aut triplex juramentum Sed Purgatio ignis nullatenus admittatur nisi ubi nuda veritas nequit aliter in vestigari.  
12 Liberalis autem homo i Pegen, 
Pegen. A freeman may have another to swear for him. Forathe.  modo crimen suum non sit inter mariota, habeat fidelem hominem qui possit pro eo jurare juramentum i Forathe: si autem non habet ipsemet iuret, nec pardonetur ei aliquod juramentum.  
13 Si Aduena vel Peregrinus qui de longinquo venerit sit calumpniatus de Foresta, 
How a stranger shall be dealt with all.  et talis est sua inopia ut non possit habere plegium ad primam calumniam qualem * nullus Anglus judicare potest: tunc subeat captionem regis et ibi expectet quousque vadat ad judicium ferri et aquae: attamen si quis extraneo aut Peregrino de long venienti. 
If a staaunger being an offender shall be hurt, he that doth hurt him shall have his judgement executed upon him.  * sibi ipsi nocet si aliquod judicium iudicaverint.  
14 Quicunque coram primarios homines meos Forestae in falso testimonio steterit et victus fuerit, 
He that doth bear false witness before a Verderor, is disabled to be a witness any more, and he shall pay to the King ten shillings.  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 freedom, 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.  

If such an offendor do offend so again, he shall lose his life.  16 Si alteruter iterum peccaverit reus sit mortis.  

Pere & pite. If any man do contend with a Verderor in suit, 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 pugnaverit in plito, emendet secundum pretium sui ipsius quod Angli Pere & Pite dicunt, et soluat primario quadraginta solidos.  

Gethbrech. He that doth break 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 shall forfeit 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 Master, and of a Servant: of a man known, and of a man not known: of criminal causes, and civil causes: Of beasts of the Forest, and of real beasts, 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 una eademque erit liberalis [quem Dani Ealderman vocant] et illiberalis: Domini et servi: noti et ignoti: nec una eademque erit causarum tum civilium 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, sive casu, sive prehabita voluntate, ita ut cursu celeri cogatur fera anhelare, 
He that doth hunt a wild beast, & doth make him paunt, shall pay 10. shillings. If he be not a freeman, than he shall pay double. If he be a bond man, he shall lose his skin.  decem solidis Regi emendet, si illiberalis dupliciter emendet, si servus careat corio.  
23 Si vero horum aliquot interfecerit, 
The punishment for killing a dear Staggon. The punishment for hunting a Staggon Frendlesman. The punishment of him that doth kill a wild beast which is a royal beast.  soluat dupliciter et per soluat, sit que pretij sui reus contra Regem.  
24 Sed si Regalem feram quam Anglia Staggon appellant alter uter coegerit Anhelare, alter per unum Annum, alter per duos Careat libertate naturali: si vero servus, pro ut legato habeatur quem Angli Frendlesmam vocant.  
25 Si vero occiderit, a mittat liber scutum libertatis, si sit illiberalis careat libertate, si servus vita.  
26 Episcopi, 
Bishops, Abbots, and Barons may hunt all beasts of the Forest that are not royal beasts.  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 subjacent: 
There be some wild beasts (besides the wild beasts that are properly beasts 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 Laws of the Forest, such are wild Goats, Hares, and Coneys. And there be divers other beasts which although they do live within the Forest, and they be under the charge of the Regarders, yet they cannot be accounted beasts of the Forest: Such are wild Horses, Bugalles, Kine, & such like Foxes & Wolves are not accounted beasts of the Forest, nor of Venery, and therefore the kill of them shall not yield any recompense.  quales sunt capreoli Lepores, et Cuniculi. Sunt et alia quam plurima animalia que quanquam infra septa Forestae viwnt, et oneri et curae mediocrium subjacent, 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 kill of them within the bounds of the Forest is a breach of the kings Royal free chase, and therefore the offendor shall for the same yield a recompense.  
A wild Bear, although he be a beast of the Forest, yet he is in no wise accounted a beast of Venery.   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 chaceae 
No man may lay his hands upon the Kings demesne Woods without licence of the verderor: for if he do, he shall be aiudged guilty of the breach of the King's free chase Royal: every tree in the King's Woods is Vert.   

Vert in an other mans Wood  29 Si quis vero I licem aut arborem aliquam qui victum feris suppeditat sciderit, preter fractionem Regalis chaceae, emendet Regi viginti solidis. 
If any man do cut down a Holly Tree, of any other Tree in the Forest which doth bear Fruit for food for the wild: Beasts: besides the breach of the free chase Royal, he shall pay twenty shillings to to the King for a recompense.   
30 Volo ut omnis liber homo pro libito suo habeat venerem sive viridem in planis suis super terras suas, 
By this Law it doth appear, that before that time, all wild beasts were the Kings, wheresoever they were out of the Forest. And therefore the King made this Law, that every man might take his Venery in his own ground: so that they did refrain from the Venery of the King in his Forest.  sine chacea tamen. Et devitent omnes meam, ubicunque eam habere voluero.  
31 Nullus mediocris habebit nec custodiet Canes quos Angli Greyhunds appellant. 
Greyhound.  Liberali vero dum genuiscissio eorum facta fuerit coram primario Forestae licebit, 
No mean person, or regard, may keep any grehounds, but freemen may keep Greyhounds so that their knees be cut before the Verderors of the Forest and without cutting of their knees also, if they do abide ten miles from the bounds of the Forest. But if they do come any nearer to the Forest, they shall pay twel●e pence for every mile: but if the Greyhounds be found within the Forest, the master or owner of the Dog, shall forfeit the Dog, 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 uno solido. Si vero infra septa Forestae reperiatur, dominus canis forisfaciet et canemet decem solidos Regi.  
32 Velteres vero quos langeran appellant quia manifest constat in ijs nihil este periculi, 
Velter langeran.  cuilibet licebit sine genuiscissione eos custodire. Idem de canibus quos Ramhundt vocant. 
Ramhundt. What Dogs a man may keep in the Forest. These little Dogs called Velteres, and such as are called Ramhundt, all which Dogs are to sit in ones lap, they may be kept in the Forest, because in them there is no danger, and therefore they shall not behoxed, or have their knees cut: but although they be lawful Dogs, they must be lawfully used and kept as it doth appear by the next Canon.   
33 Quod si casu inauspicato huiusmodi canes rabidi fiant et ubique vagantur negligentia dominorum, redduntur illiciti, 
The price of a mean man.  
If by misfortune such a kind of Dogs do become so mad & savag and do run up and down every where, by the negligence of their master, and so do become unlawful, than the owner must yield a recompense to the King for their unlawfulness If they be found within the circuit of the Forest: then the master of such Dogs must be sought out, and he shall yield recompense according to the estimation of a mean man, which according to the ancient Law is ten pounds.  et emendetur Regi pro illicitis etc. 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 ravening Dog do bite a wild beast in the Forest, than the owner shall yield recompense for the same, according to the price of a freeman, which is twelue-times a hundred shillings. But if he do bite a Royal beast, than 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 tongue into Latin, by those that took the same in hand. Howbeit, as I find it, so I set it down, without any alteration of my Copy, in any jot or title: which for the more ease, pleasure, and better understanding of them that shall read these ancient Laws of King Canutus, I have here translated them out of Latin into English verbatim, as near as in sense the same may be made to agree together, as hereafter followeth.   

Here beginneth the Laws of the Forest, of King Canutus.  
THese are the Laws of the Forest, which I King Canutus with the Counsel of my chief men do make and establish, to that end that Peace & justice might be ministered to all congregations of our Realm of England: and that every man that doth offend, may be punished according to the manner of the offence, and of him that doth offend,  
1 Now from hence forth, let there be four men of the best account, which have their free customs & duties served (which Englishmen do call Pegened, appointed throughout the Province of my realm to administer justice to all my people throughout all my Realm of England, as well to Englishmen as to Danes, together with condign punishment for the offences of the Forest: which four men of the Forest, we have determined to call them Primarios, that is to say, the chief men.  
2 Let there be under every one of those four chief men of the Forest, four mean men placed, which Englishmen call Lespegend, but Danes do call them young men: which shall take upon them the charge and burden, both of Vert and Venison.  
3 But in the execution of justice, I will that in no wise such four chief men, do let in or suffer such mean men to join with them therein. For after that they have taken upon them the charge of the wild beasts, they shall always be accounted for freemen, which the Danes do call Eldermen.  
4 Again, under every one of these mean men, let there be two of the least men of account of the Forest, (which Englishmen do call Tyne-men,) these persons shall undertake the servile labour, and also the night charge of Vert and Venison.  
5 If such a servile officer shall fortune to be a bondman, so soon as he shall be placed in our Forest, let him be made Free of his bondage: & all these persons we will maintain of our own costs.  
6 And also, every one of the said four cheefemen, shall have for every year of our allowance, (which the Danes do call Michni,) two Horses: one of them with a saddle: an other of them without a saddle: One Sword .5. javelins, one spear, one shield, and x. li. in money.  
7 And every one of our said mean men, shall have for every year one Horse. one javeline, one shield and three li. in Money.  
8 And every one of the said servile persons, shall have for every year, one javeline, one Crossbow, and xv. shillings of money.  
9 Let aswell all the said four chief men, as also the said mean men, and the foresaid servile officers be exempted and discharged from paying of any tribute, & also freed and aquited from all provincial summons, and popular pleas, which Englishmen do call Hundred laghe: and also from all charges of Armour, which Englishmen do call Warscot, and also from foreign suits.  
10 The causes & offences of these mean men & servile persons: & the correction of them, as well such causes & offences as are Criminal, as thosé that are Civil, shall be adjudged & decided by the provident wisdom and discretion of those four chief men: but the offences of those four chief men, if any shall fortune to be, lest that any heinous offence should remain unrevenged, We our own selves shall punish the same in our Royal displeasure.  
11 These four chief men, shall have one Royal authority (saving unto us our own Royal presence:) and four times in the year they shall keep their general Sessions or Plées of the Forest, & all forfeitures, as well of Vert, as of Venison: (which Englishmen do call Muchhunt,) where they shall hold Plea of any matter concerning the Forest. And they shall proceed to a three fold judgement, which Englishmen do call of Gangfardell: and this threefold judgement is thus to be had. He that is accused, must take with himself five other persons, and himself must be the sixth person: and so in swearing he shall have a threefold judgement, or threefold oath. But for any person to have his trial or purgation by Fire, is in no wise to be allowed or admitted, except it be where the manifest truth cannot otherwise be found out.  
12 But a freeman, which Englishmen (call Pegen) having his offence depending: although he be not within the compass of the Seas, yet he may have a trusty or faithful friend that may swear his oath for him: (which Englishmen call Foreath,) but if he have not such a trusty man to swear for him, he himself shall swear the oath, neither shall he be pardoned for any oath.  
13 If a stranger, or pilgrim, which hath come from a far Country, be accused of the offence of the Forest: and his poverty is such that he cannot have a Pledge, such as he ought to have: at the first accusation no Englishman may adjudge him thereof: then he must endure the kings imprisonment, and there remain until he may proceed forward to judgement of the Iron, and Water. And yet notwithstanding, if any person do hurt unto him that is such a stranger or pilgrim, coming from a far Country: if those four chief men shall determine any judgement against the same stranger, the same judgement shall be unto him that did hurt the same stranger.  
14 Whosoever shall bear false witness before my said four chief men of the Forest, & shall be convicted thereof, afterwards he is not worthy any more to be allowed a witness, or to bear any witness, for because he hath lost his ability therein, & for that offence he shall pay unto the King ten shillings: which the Danes do call Halfeshang, alias Halshang.  
15 If any man shall offer any force to my said chief men of my Forest, if he be a freeman that shall so offend, he shall lose his liberty or freedom, and all that he hath: but if he be a bondman, than his right hand shallbe cut.  
16 But if either of them shall offend again, than he shall be adjudged guilty of death for the same.  
17 But if any man shall contend in suit with any one of our chief men aforesaid against him, than he shall make recompense for the same to the King, according to the worth of himself, which Englishmen do call Pere et Pite: and also shall pay unto our chief man for the same forty shillings.  
18 If any man shall break the peace of the King, in the presence of our mean men of the Forest aforesaid, (which Englishmen do call Gethbrech: he shall yield recompense to the King for the same, ten shillings.  
19 If any of our mean men aforesaid with his wrath shall strike any man, let him make such recompense to the King for the same, as was accustomed to be made to me for the kill of a royal wild beast.  
20 If any man be taken offending in our Forest, it is convenient for him to be punished, according to the manner and kind of his offence.  
21. The punishment of a freeman (whom the Danes do call Eldermen, shall not be one and the self same punishment of a man that is servile, or not free: Of a servant and a master: Of a man that is known, and of him that is not known: Nor the punishment of Criminal causes, & of Civil causes shallbe one, and the self same: Nor of wild beasts of the Forest, & royal wild beasts: nor the destroying of Vert & of Venison. For the offence of Venison or hunting, not unworthily have been accounted amongst the greatest offences of the Forest, even of ancient time. But the offence of Vert (except it be for the breach of our Royal free chase,) it is so little, and of so small 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 guilty of an offence of the Forest.  
22 If any freeman shall chase away a Dear, or a wild beast out of the Forest: whether the same were done by chance, or of a set purpose, so that thereby the wild beast is forced by swift running to lyll out the tongue, or to breath with his tongue out of his mouth: he shall pay to the King ten shillings for amends for the same offence: but if he be a servile person, than he shall double the same recompense: but if he be a bondman, than he shall lose his Skin.  
23 But if any of these men shall kill a wild beast of the Forest, let him pay double recompense for the same: and also let him pay beside, even to the uttermost value that he is worth: and he shall be accounted as an offender against the King.  
24 But if either of them shall chase a Royal wild beast of the Forest (which Englishmen do call a Stagon:) and thereby shall force him to hang out the tongue with swift running, than the one of them which is a freeman, shall lose his natural liberty for one whole year: and the other of them that is not a freeman shall lose his natural liberty for two whole years. But if he be a bondman, than afterwards he shall be taken for an outlaw, (which Englishmen do call Frendlesman.)  
25 But if a freeman shall slay a wild beast, he shall lose the defence of his liberty, but if he be not a Freeman, than he shallbe imprisoned: but if he be a bondman, than he shall lose his life.  
26 My Bishops, abbots, and Barons, shall not be accused for hunting, if they do not kill wild beasts that be Royal beasts: but if they do kill Royal beasts of the Forest, than they shall depend upon the King for his determination of that matter, without any certain fine.  
27 Besides the wild beasts of the Forest, there are other wild beasts, which so long as they are remaining within the bands and limits of the Forest, they are subject to the punishment of the Laws of the Forest, such are wild Goats, Hares, and Coneys. And there are also divers other wild beasts, which although they do live and remain within the bounds and limits of the Forest, & are subject to the charge & burden of the Regarders of the Forest, yet they cannot be accounted or taken to be of the Forest: such are wild Horses, Bugalls, wild Kine, and such like. Foxes and Wolves, are not accounted beasts of the Forest, nor of Venery, and therefore the kill of them is not subject to any recompense for the same: yet notwithstanding, if they be killed within the bounds of the Forest, it is a breach of the King's Royal free chase, and for that cause the offendor must make a recompense: but a wild Bear, although he be of the Forest, yet he is not accustomed to be accounted a beast of Venery.  
28 No man shall lay his hand to our great Wood, or underwood, within our demeans, without licence of our verderors, or cheefemen of the Forest, the which if any man shall do the contrary, he shallbe guilty of the breach of the kings Royal free chase.  
29 But if any man shall cut down a Holly Tree, within the Forest, or any other Tree which doth bear fruit or food for the wild beasts of the Forest, he shall pay unto the King twenty shillings for amends or recompense, over and beside the breach of the kings Royal free chase.  
30 I will that every freeman may take Vert and Venison at his own pleasure, upon his own ground in his own Plains, or Fildes, being without my free chase: but every man must refrain from my Venery, wheresoever I will have the same.  
31 None of the mean men shall have or keep any Dogs (which Englishmen do call Greyhounds: but it is Lawful for a freeman to have and keep Greyhounds when they are hoxed, that is to say, that they shall have their knees cut before a Verderor of the Forest. And it is Lawful for freemen to keep Greyhounds without cutting of their knees when they do dwell without the Forest, and from the bounds of the Forest ten miles distant, but when they do come nearer to the Forest then ten miles, they must pay a recompense unto the King, for every mile a shilling. But when those Greyhounds be found within the bounds of the Forest, the owner of the Dog shall forfeit both the same Dog, and also ten shillings to the King.  
32 But it shall be lawful for every body to keep little Dogs called Velters (that is to say little hounds, which Englishmen do call Langeran,) without cutting of their knees, because it doth manifestly appear that there is no danger of them: and the same is of little dogs called Spaniels, which Englishmen do call Ramhundt: but this is meant of those that are so little, that they may sit in a man's lap.  
33 If that such dogs by misfortune do become mad or wild, and do run about every where by the negligence of their master, and do become unlawful: then the owner of the same dogs shall pay a recompense to the King for their unlawfulness. If that they be found within the bounds of the Forest, such a master must be sought out, and he must pay a recompense to the King for the same according to the value of a mean man, which according to the ancient Law, is ten pounds.  
34 If a greedy ravening dog shall bite a wild beast, than the owner of the same dog shall yield a recompense to the King for the same, according to the value of a freeman, which is twelve times a hundred shillings. If a Royal beast shall be bitten, than the owner of the dog shallbe guilty of the greatest offence.  
And note that in the aforesaid Canon the Eleventh: there is mention made of Purgatio ignis: which manner of trial by Fire, I think is very dark to many, that almost have never heard of it: for that it is now long since the same was in any great use in this Land of England: and yet it doth seem by divers Ancient writers, 
Holanshed, in his description of Britain, fol. 98.  that in times past, it was a comen usage to try men whether they were guilty of any offence or not, by the Ordalian Laws, as it doth appear by Holanshed his Chronacle in the description of Britain Foyes 98. in (a) side Columb the first in fine ibidem where it is written thus as it followeth.  
THE Ordalian Law (saith the aforesaid Author) was a certain manner of Purgation used two ways, 
Vide Grafton. pag. 180 That Emma the mother of King Edward the Confessor was accused of the death of her son, for which she was adjudged by Robert Bishop of Caunterburie, to her trial, by the Ordalyan Laws, and so she was led blindfold between two men, to pass over 9 Ploughshares which were glowing red hot: and (as Chronicles do report) she did pass over them barefooted without hurt, before she thought she had been come to them.  Whereof the one was by Fire, the other by Water. In the Execution of that which was done by Fire, the party accused should go a certain number of paces with an hot piece of Iron in his hand, or else bore footed upon certain Ploughshares red 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 Triple ordalium. And whosoever did bear or tread on the same without hurt of his body, he was adjudged guiltless, otherwise if his skin were scorched, he was forthwith condemned as guilty of the trespass whereof he was accused.  
There were in like sort two kinds of trial by the Water, 
Note that these Laws were long before the Conquest, and did continue until the time of King john, and then he did banish them, as Polidor Virgil, Holanshed, & Supplimentum Cronicorum do witness.  that is to say, either by hot or cold: and in this trial, the party thought culpable, was either tumbled into some Pond or huge vessel of cold water, wherein if he continued for a season without wrestling or struggling for life, he was forthwith aquited as guiltless of the fact whereof he was accused: but if he began to plunge and labour once for breath, immediately upon his falling into that liquor, he was by and by condemned as guilty of the crime. Or else he did thrust his arm up to the shoulder into a lead, Copper, or cauldron of seething water, from whence if he withdrew the same without any manner of damage, he was discharged of farther 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 & Villains were tried by water. The prayers, ceremonies, holy vestures, masses, and all things that were used in the execution thereof, you may see at large in Hollandshed his description of Britain. fol. 98. 99 & 100  

In what time Canutus made these Lawee.  THis Canutus was King of England in the year of our Lord 1018. and William the Conqueror was King of England in the year of our Lord 1067. which is by computation just 49. years before the Conquest that these Laws were made: 
The antiquity of Forest Laws.  which also is now in this year of our Lord 1592. just 574 years since the making of these Laws of King Canutus, which is very ancient: and yet it doth seem that forests themselves are much more ancienter than these Laws are. For it doth appear that forests were long before Christ his time, as the Scripture doth testify in the second book of Kings Cap. 19 
The antiquity 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 book of Kings, Cap. 2. vers. 24. in these words: Two Bears came out of the Forest and tore in pieces 42 children that mocked Elisha, by which words of the Scripture it doth not only appear that there were Forests then, but also it doth manifest unto us what manner of wild beasts were in those Forests at that time, as Bears and such like. And in the 104 Psalm of David, vers. 20 in these words: Thou makest darkness, and it is night, wherein all the beasts of the Forest creep forth. And in the 131 Psalm vers. 6. in these words: Lo, we 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 wild beasts to abide in, 
The signification of this word Forest.  even at that time: which places of Refuge for wild beasts were and yet are called Forests, that is to say where wild beasts of Venery may have a place of firm peace for rest.    

OMnes forestae, quas H. aws nr' afforestavit: 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 salva communia de herbagio & alijs in eadem foresta illis, qui prius eam habere consueverunt. Carta de foresta. ca 2.  
2 Homines vero qui manent extra forestam non veniant de cetero coram justice. 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 awnculum nostrum, vel per regem johannem patrem nostrum, usque 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. avi nostri: ita quod quieti sunt imperpetuum de omnibus purpresturis, vastis & assertis factis in illis boscis, post illud tempus usque 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 consuevit tempore prime coronationis regis H. avi 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 & testimonium leg. hominum: et non aliter. Et ille cuius canis inventus fuerit tunc non expeditatus, det pro mina tres solidos: et de cetero nullus bos capiatur pro expeditione canum. Talis autem expeditatio fiat per assisam comuniter usitatam, vz, quod tres ortelli abcindantur sine pellota de pede anteriori. Nec expeditent' canes de cetero nisi in locis ubi consueverunt expeditari tempore primo coronationis pndicti reges Henrici avi nostri. Car. de Fo. cap. 7.  
7 Nullus forestarius vel bedellus de cetero faciat scotalas vel eolligat herbas, vel avenam, vel bladum aliquod vel agnos vel porcellos, nec aliquam collectam faciat, nifi per visum et sacrum xii. regardatorun quando facient regardun. 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 conveniuntad agist●nd. dominicos boscos nostros, & circa festum sancti Martini in hyeme, qn' agistatores nostri debent recepere pannagium nostrum. Et ad îsta duo swanimota conveniant forestarij, viridarij, et agistatores, et nulli alij per districtionem. Et tertium swanimotum teneatur initio xu dierum ante festum sancti johannis baptist, quando agistatoris nostri conveniunt pro venatione bestiarum nostrar'. Et ad illud swanimotum tenend. convenient forestarij viridarij & non alij per districtionem Preterea singulis xl diebus per totum annum conveniant 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 come, in quibus teneri consueverunt. Carta de Foresta ca 6.  
9 unusquisque liber homo agistet boscum suum in Foresta oro voluntate sua, & habeat pannagium suum. Concedimus Etiam quod unusquisque liber homo ducere possit porcos suos per dominicum boscum nostrum libere et sine impedimento ad agistand. eos in boscis suis proprijs vel alibi ubi voluer'. Et si porci alicuius liberi hominis una noct. per noctaverint in Foresta nostra non inde occasionet'. unde aliquid de suo perdat. Carta de Foresta. cap. 10  
10 Nullus de cetero amittat vitam vel membra pro venatione nostra sed si quis captus fuerit & convictus de captione venationis nostre, graviter redimater, si habeat unde redimi possit. Si autem non habeat unde redimi possit, iaceat imprisona nostra per unum annum et unum diem. Et si post unum annum et unum diem plegeos invenire possit, exeat de prisona, sin autem abiuret regnum Anglie. Carta de Foresta cap. 11  
11 Quicunque archiepiscopus, episcopus, come. vel baro, veniens ad nos ad mandatum nostrum, transierit per forestam nostram liceat ei capere unambestiam vel duas per visum forestarij si presens fuerit, sin autem faciat coronare, ne videat hoc furtum facere. Item liceat eis redeundo facere sicut predictum est. Cartads Foresta cap. 12.  
12 Vnusqnisque liber homo de cetero since occasione faciat in bosco suo vel in terra sua sive in aqua, quam habet in foresta nostra, molend. vivar., 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 unusquisque 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 balliva sua, capiat chymmagium aliquod in belliva sua. Forestarius autem de feodo fyrmam nobis reddens pro balliva 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 ballivam suam tanqam mercatores veniunt per licentiam suam in ballivam suam ad buscam maremium corticem vel carbonem emend et alibi ducend. ad vendend. ubi volverint. Et de nulla alia carecta vel de sūmagio aliquo alio chimagium capiatur. Et non capiatur chimagium nisi in locis in quibus antiquitus capisolebat et debuit: illi autem qui portant supra dorsum suum buscam corticem vel carbonem ad vendendum quamuis in de vivant nullum de cetero dent' chimmagium forestarijs nostris, preterquam in dominicis boscis nostris. Carta de foresta. ca 15.  
15 Omnes utlagati pro foresta tm a tempore regis H. avi nostri usque ad primam coronationem nostram veniat ad pacem nostram sine impedimento, & saluos pleg. nobis inveniant, quod de cetero nonforisfacent nobis in foresta nostra. Carta de foresta. ca 16.  
16 Nullus constabularius, castellanus, vel balliws teneat placita de foresta sive de viridi, sive de venatione: sed quilibet forestarius de feodo attachiet placita de foresta: tamburlaine de viridi quam de venatione, & ea presentet viridarijs provinciarum & cum irrotulata fuerint, & sub sigillis viridariorum inclusa: presententur capitalibus justice. nostris de foresta, cum in parts illas venerint ad tenend'placita de foresta, & coram eis terminantur. carta de foresta. ca 17.  
17 De malefactoribus in parcis & vivarijs 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 parks et en viūs que si nul de ceo soit attaint per le suit del plaintiff, soint agards bones et hautes amendes solonque le maner de trespass, 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 surety qui ianimaies ne misface. Et sil neit dount poet estre issint reint apres la prisonment de troys ans: trova mesme la surety. Et sil ne puis trouer la surety foriur' le Royalme. Et si nul de ceo rette soit futiue et neit terre ne tenement suffisant per quoy il poet estre justice si toast come le roy auera ceo troue per bon inquest, soit demand de county en county. Et sil ne veigne, soit utlage. Purueu est ensement et accord, que si nul ne suist dedeins lan & le iour pur le trespas fait, le roy auera le suit, et ceux que trouera de ceo rettes per bon inquest, serront punis per mesme se manner en toutz points, sicome de suis est dit. Et si nul tiel mesfesor soit attaint, qui il eit prys en ses parks beasts domestes, ou anter choose en le maner de robbery, en vevaunt, en demurrent, ou en returnant, soit fait de luy commune ley, qui affiert a celuy qui est attaint de apert robbery & larceny auxibien la suite le Roy come dautre. W. 1. cap. 21.  
19 Si quis forestarius parcarius aut warennarius in balliva sua malefactores aliquos invenerit 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'& continuandum, 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 communitativa forestariorum, parcariorum aut warrennar' illorum venientes ad tales malefactores sic inventos arrestand'seu capiend'aliquem seu aliquos huiusmodi malefactorum interfecerit non propter hoc occasionentur coram domino rege & justice. quibuscunque aut alijs ballivis 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 caveant forestarij, parcarij warennarij & alijquicunque ne occasione contentionis discordi contumely aut alicuius maleuolentie seu odij prehabit' aliquibus per ballivas suas transeuntur maliciose imponant, quod occasione male faciendi in ballivis suis intrant cum hoc non fecerint, nec ipsos vagant' ut malefacient' nec malefacientes invenerint, nec causam malefaciendi querentes sic eos occidant. Quod si fecerint, & de hoc fuerint convicti, 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 horse de forest per le purlieus, et par les grands homes, queux a nostre sire le roy eient requise a del parliament, que ils soyent quites de la porture et des choses que les forestres lour demaundent si come ils solent avaunt fair. Nostre syre le roy respond primes, que il ad grant la purlieu, que luy pleist bien que il estoise auxi come il ad grant, iasoyt ceo, qui la besogne estoit sewe et demand en malueis point, mes a meins intend ill, et voet que touts ses demeins terres, quel party que ils sont, queux ont este de la corone, soint retornes per voye deschete, ou en altar manner eyent escheat de frank chase, et d● frank garreine et en tiel maner soient tenus et gaides a son depes pour toutes manners dischetes, & pur tout manner dedeins, qui  plera. Et en droit de ceux queux ont terres & tenements de sa forest par la dist purlieu, et queux demaundont daver comine deins les bonds des forests: intention et volunte nostre sire le Roy est puis que la ou le purlieu est ilz claimont estre quits de porture des forests, & come le bests le roy ne poient aver te haunt ne lour repair sur les terres desaforestes sycome ils avoient tanquez come mesmes estoient dedeins forests, qui cells gents ne devoient aū comen nautre esement dedeins ies bounds 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 avaunt fuerent de horse 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 common et altar casement aver dedeyns cestes forests auxi come ils aucient avant. 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 points en lour bailiez en la form avantdyt. Ordinatio de foresta edit. Anno. 33. Edwardi. 1.  
21 Si quis forestarius invenerit aliquem attachiabil'. proviridi in foresta primo debet ipsum attachiare, per duos pleg. siunt presents, sin a utem duci debet ad proximam villam, ubi inveniantur. Et si idem inveniatur alias debet ipsum attachiare per quatuor pleg. & si tercio, coram viridarijs debet presentare & poni per octo pleg. Postea, post tertium attachiamentum corpus dehet attachiari & retenere, ut memoriam habeat' quid viridi sit.  
Sciendum, quod omnes arbores fructum non portantes, & hae quae fructum portant per totum annum, & fraxinus si antiquitus fuerint in foresta & arabil'quia dominus rex est in seisma.  
Si quis inventus 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. inbreviari.  
Si quis inventus 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 inventa. Si autem defecerint, corpus eius detineatur, quousque fecerit, quod debuerit. Et si extra metas forestae fuerit manens, nomen eius & villa unde 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 inquisitionem per quatuor villatas propinquiores forest, quae notent. in rotulo. Inventor ponatur per vi. pleg. & caro mittatur ad domum 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 inventus suerit presentetur viridar. & in rotulo suo irr.  
Si leporarij inventi fuerint currentes ad aliquod nocumentum, forestar. debet eos retenere & presentare in presentia viridariorum, & mittere eos domino regi, vel capitali justice. forestae.  
Si quis mastiws inventus fuerit super aliquam feram, & mutilatus fuerit: ipse cuius erat quietus erit de illo fact'. Si non fuerit mutilatus, ipse, cuius fuer' mastiws, 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, ubicunque 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 aliquam feram capere vel asportare debet illos capere secundum posse suum. Et si non possit, debet levare hutesium & cry: 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 non fecerit, & forestarius domini regis tale delictum in bosco suo infra rewardum invenerit: ille boscus capiend'est in manum domini regis per preceptum regis, vel capital. justice. sui: et woodwardus attachiabilis est per quatuor pleg.  
Si quis habuerit boscum juxta dominicum boscum domini regis, licitum est ei post quam dominice hay 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 justice. forestae domini regis, & inquirere voluntatem & fiat agistamentum tam in dominicis has, & boscis, quam in forinsecis: et secundum mandatum suum & tenorem literarum debet fieri agistamentum quas literas debet habere coram justice. de foresta prox' itinerantibus. Et preceptum est quod deinceps capiatur pro quolibet porco quantum potest ad opus domini regis pro pannagio, vibelicet unus vel duo denarij. De porcellis aut fiat, sicut presolutum est.  
Si quis in alio come posuerint, vel voluntary permiserit averia sua ire infra metas forest forestar' retineat averia per vad & sal. pleg. Quod si non poterit per testimon' viridar' debet vic. illius come intimare, ut ipse districtionem faciat, quousque plegios invenerit. Si vic. non fecerit, debet forestar' hoc intimar' justice.  
Nullus messarius ducat secum mastiwm 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 justice. suorum.  
Boscus remanens in manu domini regis per unum annum & unum diem, in voluntate regis est nisi recuperetur per judicium justice.  
Omnes mete forestae integre sunt domino regi.  
Licitum est abbati de Burgo sancti Petri venari & capere lepores, vulpes & mureleges infra metas forestae, & haber' canes inexpeditatoes, quia sufficientem inde habet warantum.  
Quando viridarij ceperunt inquisitionem unns apponat sigillum, & alius rotulum teneat, et sic de fortuna in fortunam usque ad adventum justice. 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 justice. Et si noctantur alicubi fecerit, jacet imprisonamentum.  
Attachiat' add 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 ' justice. dabit domino regi dimidiam marcam. Consuetudines & assisa forestae.  
22 In primis ordinavimus pro nobis & hered'nostris quod de transgr' in forestis nostris de viridi & devenatione de cetero fac farestarij infra quorum balliws huiusmodi transgress. fieri contigerint, 
Present. Swanimote  presentent easden ad proximum Swanemotum coram forestarijs, viridarijs regardatoribas, agistatoribus, & alijs earundem forestarum ministris, & super presentationibus huiusmodi ibidem coram forestarijs, viridarijs, & omnibus alijs ministris supradictis per sacrum tam milit' quam alioram proborum & legalium hominum de partibus vicinioribus, 
Oath.  ubi transgressiones sic presentate fact fuerint, non suspectorum 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, 
Indictment. Void.  aut aliorum ministrorum ipsarum forestarum abir ' contingit, seu per egritudinem vel alio modo impedire, 
Ministers. die. Absent. Swanimote  quo minus interesse valeat huiusmodi Swanemotis, incontinent' justice. forest, 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 consuevit, exceptis viridarijs, qui per electionem, et per breve 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 ut ministri forest, 
jurrour. Surcharge of forester's Impris. fol. 185.  inveniatur, amoveantur huiusmodi superonerantes, & imprisonentur secundum discretionem justice. 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 forest et de eorum oppressionibus populo nostro illatis, 
Punishment Swanimote Surcharge.  et fiant inde emend et punitiones, prout superius est expressum.  
Quo ad illos vero, qui tempore, quo foresta deofforestata fuit, transgressiones de viridi aut venatione in foresta fecerint de affor' eandem, et ut sententia excomunicationis incontrovenientes fulminetur quanquam de nostra bona voluntate mineme processisset, quamquidem sententiam dominus papa post modum revocavit. Et quas concessiones, 
Excommunication.  et de afore ' certis causis revocamus & adnullamus. Volumus enim, quod transgr' huiusmodi perdonentur, transgr' illis acceptis, que in ea part, 
Perdon. Herbs 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 rest volumus rem'.  
Boscus autem cesus & prostatus amoveatur, 
Wood  & boscus stans remaneat in foresta. Et si forte aliquis talis boscus ad huc stans, sit venditus, in foresta remaneat, & venditor satisfaciat emptori, juxta quantitatem portionis bosci stantis inforesta, et aliter medio tempore venditi, et prout ceperit de eodem. 
just. de forest.   
Volumus etiam quod Iusticiar' forestae nostrae, vel eius locum tenens in presentia, Thessaur nostri, 
fines. Indictment  et per assensum eiusdem habeat potestatem capiendi sives & redemptiones illorum qui sunt indictati de transgress. usque nunc in foresta commissis itinere justice. minime expectato.  
Volumus insuper quod illi, 
Common.  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, etc. Teste etc. apud Westmonasterium xxviii. die Maij. Anno xxxiiij. Edwardi primi, Ordinatio foresta.  
23 Le grand 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 reign en la form que estoit chivache & bond & que sur ceo soit charter-fait a chescun count ou fait my chivache le roy voet que en chivacha per bonds et lieux et charter sur ceo fait come de fuis est dit. An. 1. E. 3. cap. 1.  
24 Pur ceo que plusours' gents sont disherits rettes & distruits per les souereignes gardens des forestes de sa trent & de la per les auters ministers encounter lestatute de la grand chartre de la Forest et encounter la declaration que le Roy E. fits le Roy Hen. iii. fist en la form 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 bailiffs tiels trespasses sertont faits presentent mesmes les trespasses au procheins swanimots deuant foresters, verdors, regarders, agistours et autres ministers de mesme le forest que sur tyel presentment deuaunt 'las forests, verdors, regardours, agistours, et auters ministers suisdits per surement sibien des charters come dauters prodes homes et loyalx, et nemy suspiciouses de party vesinables & plus procheine en tielx trespasses serront issint presents et en la verity plus mielur et plus pleinment purra estre enquis et tiel verity ensy enquis soient tielx presentments per comen assent & accord de touts les ministers avantdits solemnement enforces, et de touts seal cuscales et si en altar manner soit fait nul inditements soit desore pur nul tenus. Et pur ceo que les chief gardeines des forest nont my la did form tenus iesque en ceo accord est et ordain que desore nul ne soit pris nemprison pur vert ne pur veneson sil ne usoit, ou sil ne soit troue one may nor en le form avantdit indite, & adonques luy less le sovereign gard'del forest a mainprize iesque all heir del forest sans riens prendre pur le deliverance, et si le guard. fair ne voloit, eit brief en le chancery que auncientment fuit ordain pur ceux endites destre a mainprize sans rien prendre adonques eit le pl. brief en le Chancery all viscount dattach. le dit guard, destr. deuaunt le Roy au certain iour a responder pur quoy il nad replevy celuy quest ensy pris per bon mainpris en presence des verdours & nouns des mainpernors face deliverer as mesmes verdours a respond. en eyre deuaunt les justices. Et si le chief garden de ceo soit attaint soyent agardes as pleintifes lour damages all triple et les gard'a la prison et reints all volunty le roy. Et desormes soyt escript as eux come as les chief guard del Forest pur ceo que justices ne deivent ils estre en record. forsque en heir Anno. 1. E. 3. cap. 8. 34. E. 1.  
25 Nul forester ne gardeine de forest ou de chase, ne nul altar minister ne face ne coille puter. nauter coillet des vitailes ne nul autre choose per colour de lour office country nulluy volunty dedeins lour bail ne de horse 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 travailer de am en am hors des lieux ou lour charge lour est done enconter lour grée ne per malice ou per menace ou altar duresse constraint de dire lour verdict de trespass fait en forest auterment que lour conscience ne lour ent vorra clerement enformer eins dient ills lour verdyts sur lour charges lieux ou cell charge lour est don come desuis est dit. Anno. 7. R. 2. cap. 3.  
27 Nul home soit pris nemprison per ministre de forest sans due inditement ou per mainoeuere ou trespassant en la forest, ou aillours, ne soit constreint de fair obligation ou redemption a ascun ministre de forest per quicumque manner encounter-lour 'gree et assise de forest, et si ascun face enconter cest ordinance en ascun point. et de ceo soit attaint pay as party's endamage lour double damage, & fine et raunceon au roy pur son mal fait. Anno 7. R. 2. cap. 4.   

The Laws of the Forest.  
ALL forests which King Henry our grandfather afforested and made, shallbe viewed by good and lawful men, and if he have made forest of any other wood more than of his own demesne, whereby the owner of the wood hath hurt. We will that forthwith it be disafforested. And if he have made forest of no men's wood but of his own, than we will that it remain forest still: Saving the common of herbage, and of other things in the same forest, to them which before were accustomed to have the same. Carta de Foresta. cap. 1.  

Common summons, Surety.  2 Men that dwell out of the Forest from hence forth shall not come before the justicers of our forest by no common summons, unless they be impleaded there, or be sureties for some other that were attached for the forest. Carta de Foresta cap. 1.  

Disaforest. Demesne. Wood  3 All woods which have been made forests by K. Richard our uncle, or by King john our father, unto our first coronation, shall be forthwith disafforested, unless it be our demesne wood. Charta de foresta. cap. 3.  

Archbishop Bishop. Freeholder. Woods.  4 All Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, and other our free holder's, which have their woods in forests, shall have their woods as they had them at the time of the first coronation of King H. our grandfather, so that they shall be quite for evermore of all purprestures, 
Purpresture Wastes.  wastes, and assertes made in those woods after that time, until the beginning of the second year of our Coronation. And those that from henceforth do make purpresture without our special licence, or waste or assert in the same, 
Licences. Wast.  shall answer unto us for the same wastes, purprestures, and asserts. Carta de Foresta cap. 4.  

Regarders.  5 Our Regarders shall go through the Forest to make their Regard, as it hath been accustomed at the time of the first coronation of King H. our grandfather, and none other wise. Carta de Foresta. cap. 5.  
6 The inquiry or view forlawing of dogs being within our forest, 
Lawing of dogs. View.  shallbe made from henceforth, when the Regard is made, that is to say, every three year, & then it shallbe done by the view and testimony of honest men, and not otherwise. And he whose dog is not then found expeditated, shallbe amerced, and shall pay for the same three s. And from henceforth no ox shallbe taken for lawin-of dogs. 
A merce. Ox. Assize. iij. Claws cut off.  And such lawing shall be done by the assize commonly used: that is to say, that three claws of the forefoote shallbe cut off by the skin. But from henceforth such lawing of dogs shall not be done, but in places where it hath been 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 shall make scotal, or gather garb or oats, or any corn, or lamb, or pig, nor shall make no gathering, but by the sight, and upon the oath of the xii. Regarders when they shall make their regard. So many Foresters shallbe assigned to the keeping of the forests, as reasonably shall seem sufficient for the keeping of the same. Car. de Forest. ca 7.  
8 No Swanimote from henceforth shallbe kept within this our Realm but thrice in the year. 
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 receive our pawnage. And to these two. swanimotes shall come our foresters, verderors gistakers, 
Pawnage. Foresters.  & none other by distress. The three swanimote shallbe kept in the beginning of xv. days before the feast of S. john Baptist, when that our gistakers do meet to hunt our Dear. And at this Swanimote shall meet our foresters, verderors & none other by distress. Moreover every xl. days through the year, 
View. Attachments green hugh Hunting.  our foresters & verderors shall meet to see the attachments of the forest, as well for green 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 have been used to be kept. Carta de Foresta cap. 8.  
9 Every freeman may take agistment in his own wood within our forest at his pleasure, & shall take his pawnage. 
Freemen. Agistment. Pawnage. Drive swine.  Also we do grant, that every freeman may drive his swine freely & without impediment through our demesne woods, for to agist them in their own woods, or else where they will. And if their swine tarry one night & lie within our forest, there shallbe no occasion taken there of whereby he may lose any of his own Carta de foresta cap. 9  
10 No man from henceforh shall lose neither life nor member for killing of our deer, but if any man be taken therewith, 
Killing, of dear. Convict. Fine. Impris.  and convict for taking of our Venison, he shall make a grievous fine, if he have any thing whereof to make fine, & if he have nothing to lose he shallbe imprisoned a year and a day, and after the year & a day expired (if he can find sufficient sureties) he shallbe delivered. And if not, he shall abjure the Realm. Carta de foresta cap. ●0. 
Abjure.   
11 Whatsoever Archbishop, Bishop, Earl or Baron, coming to us at our commandment, & passing by our forest, it shall be lawful for him to take and kill one or two of our deer, by the view of the forester if he be present, or else he shall cause one to blow an horn for him, that he seem not to steal our dear. And likewise they shall do returning home from us. Car. de For. ca 11.  
12 Every freeman from henceforth without danger, shall make in his own wood, or in his land, or in his water, which he hath within our forest mills, springs, pools, marlepits, dikes, or errable ground, being without the covert into errable ground again, so that it be not to the annoyance of his neighbours. Carta de Foresta cap. 12.  
13 Every freeman shall have within his own woods, eyries of hawks, sparrow hawks, falcons, eagles, and herons, and shall have also the honey that is found within his woods. Carta de Forest cap. 13.  
14 No forester from henceforth, which is not a forester in fee, paying to us farm for his Bailiwike, shall take any chiminage within his bailiwick. But a forester in fee paying us farm for his bailiwick, shall take chiminage, that is to say, for carriage by cart, the half year ii.d. and for another half year ii.d. for a horse that beareth loads, for half a year an halfpenny, and for another half year a halfpenny: And but of those only that come as Merchants through his bailywike by his licence to buy bushes, timber, bark, coal, and in another place to sell it again 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 only where it hath been used to be taken. Those which bear upon their backs brush, bark or coal to sell, though it be their living, shall pay no chiminage to our foresters, except they take it within our demesne woods. Carta de Foresta cap. 14.  
15 All that be outlawed of trespass within our forest, since the time of King H. our grandfather, unto the first year of our coronation, shall come to our peace without let, and shall find to us sureties that from henceforth they shall not trespass unto us within our forest. Carta de Foresta. ca 15.  
16 No Constable, Castellaine, or bailiff, shall hold plea of forest, neither for green hugh, nor hunting, but every forester in fee shall make attachments for plea of the forest, aswell for green hugh as hunting, 
justices of the Forest shall determine those pleas.  and shall present them to the Verderors of the provinces. And when they be enrolled, and enclosed under the seals of the Verderors, they shallbe presented to our chief justices 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 parks and ponds, it is not yet discussed, for the Lords demanded the proper imprisonment of such as they should take in their parks and ponds, which the king denied. Wherefore it was deferred. Merton. cap. 11. Anno. 20. H. 3.  
18 It is provided also for trespassers in parks and ponds, that if any be thereof attainted at the suit of the party, great and large amends shallbe awarded according to the trespass, and three years imprisonment, and after shall make fine at the king's pleasure (if he have whereof) and then shall find good surety that after he shall not commit like trespass. And if he have not whereof to make fine, after three years imprisonment, he shall find like surety, and if he cannot find like surety, he shall abjure the Realm. And if any guilty thereof be fugitive, and have no land nor tenement sufficient (whereby he may be justified) so soon as the king shall find it by inquest, he shall be proclaimed from County to County, and if he come not, he shallbe outlawed. It is provided also and agreed, that if none do sue within a year & day for the trespass donc, the king shall have the suit. And such as be found guilty thereof by lawful inquest, shallbe punished in like manner in all points, as above is said, and if any such trespasser be attainted, that he hath taken tame beasts or other thing in his parks by manner of robbery, in coming, tarrying, or returning, let the common law be executed upon him as upon him that is attainted of open theft and robbery, aswell at the suit of the King as of the party. West. 1. ca 20. An. 3. E. 1.  
19 If any Forester, parker, or warrenor, do find any trespasser wandering within his liberty, intending to do damage therein, and that after hue and cry made to him to stand unto the peace, will not yield himself, but doth continue and execute his malice, and disobeying the kings peace, doth fly or defend himself with force and arms, although such foresters, parkers and warrenors, or any other coming in their company, and aiding such foresters, parkers, and warrenors, in the king's peace, do kill any offendor or offenders, being so found, either in arresting or taking them, or any of them, they shall not be arraigned upon the same before the king and his justices, or before any other the king his bailiffs or any other within any franchise or without, nor shall lose for so doing either life or limb, or suffer any other punishment, but shall enjoy the kings 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 evil will had before time, they do not lie, nor maliciously pretend, against any person passing through their liberties, that they came thither for to trespass or misdo, when of truth they did nothing, nor were not found as trespassers, and so kill them, for if they do and be convict thereupon, the death of such persons shallbe inquired, and execution shallbe done in like manner, as is done for other of the kings subjects standing in his peace, and like as it ought to be done of right, & according to the law & custom of the Realm. Statute of trespassers in Parks. An. 21. E. 1.  
20 Whereas certain people that be put out of the forest for the purliew, and by the great men have made request to our sovereign Lord the king at his parliament, that they might be acquitted of their charge, and of things that the foresters demand of them, as they were wont to be: Our sovereign Lord the king answered: First, that where he had granted purliew, that he was pleased that it should stand in like manner as it was granted, albeit that the thing were sued and demanded in an evil point. Nevertheless, he willeth and intendeth that all his demesne lands wheresoever they be, that have been of the Crown, being returned by way of escheat, or otherwise, shall have estate of free chase and free warren, and in such manner shallbe saved and kept to his use for all manner of escheats, and for all manner of things that pleaseth him. And in right of them that have lands and tenements disafforested for the said purliew, and such as demand to have common within the bounds of forests: The intent & will of our sovereign Lord the king is, that from henceforth (where purliew is) they may claim to be quite of charge of the forests. And whereas the king's beasts cannot have their haunt and repair upon the forest ground, as they had so long as they were within the forests, that such folk shall not have common, nor other easement within the bounds of the woods, nor of the lands, the which remain in forest, but if any of them that be disafforested 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 very well, that they shallbe received thereunto, so that they shall remain in their ancient estate, and shall have common and other easement aswell as they had before. Whereupon our Sovereign Lord the king willeth and commandeth, that his justices of the forests on this side Trent, & beyond Trent, in like manner shall keep and hold, and cause to be kept and holden straightly the foresaid points within their liberties, in the form above mentioned. Anno. 33. E. 1. Stat. 5.  

Assisa et consuetudines Eorestae.  
21 If any Forester shall find any man attachable for vert in the forest, first he shall attach him by two. pledges, if they be to be found, if not, he shallbe brought to the next town where they may be found. And if they be afterward found, he shall 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 body shallbe attached and retained that he may remember what thing Vert is.  
It is to be known that all trees not bearing fruit, and these which bear fruit at any time in the whole year, and an Ash if he be old shall remain in the forest, and in the errable land they be all Vert, because our Lord the king is in possession of them.  
If any man shallbe found felling an Oak without the demesne wood, and within the regard of the forest, without the view or delivery of the forester or verderor, he shallbe attached by iiii. pledges, and by the view of the verderor, the Oak shallbe praized, and the names of the pledges shallbe written in the rol of the foresters and verderors.  
If any man shallbe found in the kings demesnes asserting or doing purpresture, his body shallbe forthwith retained, but if without the demesnes within the regard, he shallbe put by vi. pledges, and if he be afterward found, he shall double his pledges, if the third time, he shall retain his body.  

A man attatable conra vadios & plegios, is he that is bound to be of good behaviour toward the Forest, and then after that bond, is found offending in the Forest again, as it appeareth in Carta Foresta, Articulo. 15.  If any man shallbe found attacheable contrary to his sureties and pledges, he shallbe distrained by his cattles found within the bounds of the forest, but if he have none, his body shallbe detained until he have done that which he ought: and if his abode be without the bounds of the forest, his name and the name of the town whence he is shallbe enrolled.  
But delivery of housebote and haybote shallbe made as the wood may suffer the same to remain in the state in which it is, and not at the request of the demandant, neither may he give nor fell any thing of the wood without the kings warrant.  

This is meant of those Deer that are not sweet, nor meet to be eaten of the best sort of the people: for if a principal beast be found dead & newly killed: that is not meant by this statute to be given to the Lazar house. And if such Dear be found dead, there is no doubt but the same Deer is the kings, for he was the king's beast being alive, and the kill of him hath not altered the property: and then the fame being the kings, his justice of the Forest may dispose of it at his pleasure, and that disposition good in Law by plea of justification.  If any Dear be found dead, or wounded, there shallbe an inquisition made by four of the next villages to the forest, which shallbe written in the roll, the finder shallbe put by vi. pledges, and the flesh shallbe sent to a Spittle house, if by testimony of the verderors and the Country, there be any nigh: But if there be no such house near, the flesh shallbe given to the poor and lame, the head & skin shallbe given to the poor of the next Town, & the Arrow (if there be any found) shallbe presented to the Verderors and enrolled in his roll.  
If there be any greyhounds found running to do any hurt, the forester shall retain them, and present them in the presence of the Verderors, and send them to the king of chief justice of the Forest.  
If any Mastiff be found upon any Dear and shallbe expeditated, he whose Mastiff he is shallbe quite of the deed, but if he be not expeditated, the owner of such Mastiff shallbe guilty, as if he had given it with his own hand, and he shallbe put by vi. pledges. whose names shallbe written, and also what kind of dog it was.  
If any man take a Dear in the forest without warrent, his body shallbe arrested where soever he be found within the bounds of the forest, and when he is taken, he shall not be delivered without special commandment of the king, or of th' chief justice of the forest.  
If any see any misdoers within the bounds of the forest, to take or carry away any Deer, he shall do what he may to take them, and if he cannot, he shall levy hue and cry, and if he do not so, he shall remain in the king's mercy.  
If any woodward shall see misdoers within his wardship, or shall see a dead wild beast, he shall show him to the chief 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 shallbe taken into the king's hands by the king's commandment, or of his chief justice, and the woodward is to be attached by iiii. pledges.  
If any man shall have a wood near unto the demesne wood of our Lord the king, it is lawful for him after that the demesne hedges are agisted, to have 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 shallbe done of the profit of Swine.  
Know ye that in time of pawnage, when the agistment ought to be made, the foresters verderors, and agistors, aught to crave the assent of the justices of our Lord the kings forest, and seek their good will, and the agistiment shallbe made as well within the demesne hedges and woods as without, and the agistment shallbe made according to their commandment, and tenor of their letters, which letters he shall have before the justices of the forest in the next circuit. And it is commanded, that hereafter be taken for every hog as much as may be, to the use of our Lord the king for pawnage, that is to say, one penny or ii.d. but of little pigs there shallbe no more paid than was before.  
If any man of another County put, or willingly suffer his cattle to go within the bounds of the forest, the forester may retain the cattle by sureties and safe pledges, which if he cannot do, by the testimony of the Verderors, he shall show the Sheriff of the County thereof, that he may make distress until he find pledges. If the Sheriff do it not, the forester shall show the same to the justices.  
No Mower shall bring with him a great Mastiff, to drive away the dear of our Lord the king, but little dogs to look to things without the covert.  
Of these which claim to have privileges, as dogs without claws and greyhounds, within the bounds of the forest, they shall have nothing to do with them without our Lord the king his warrant or his justices.  
A wood remaining in the hands of our Lord the king by one year and one day, it is in the king's pleasure, except it be recovered by the judgement of the justices.  
All the bounds of the forest are wholly the kings. It is lawful to the Abbot of the Borough of S. Peter, to hunt, & to take hares, Foxes & Martrons within the bounds of the forest, and to have unlawed dogs, because he hath sufficient warrant thereunto. When Verderors have taken an inquest, one shall set to his seal, and the other shall keep the roll, and so from time to time until the coming of the justice: then the first day he and all his ministers shall present the roll, or else they shallbe amerced, & mainpernors that day shallbe proffered for the forest, or else they shall incur a seizure.  
A man attached for cutting of boughs, that plea appertaineth to the Swanimot before the Steward. And a man attached for selling an Oak in the demesne of the king, or of any other man's, it belongeth to be tried before the justice, and if he do it to any man in the night time, he shallbe imprisoned.  
A man attached to the Swanimote for green hugh, and not presented at the next Swanimote, at an other time the presentment shall not hurt him, but shallbe taken as a fault in the forester, for the concealment, and he that is attached shall go quite by Assize.  
If a forester do agree unto an offence in the demesne woods of the king, the king shall take from him his chief office if the keeper be living: and because the king's wood is wasted, at every Iter of the justice of the Forest, they shall pay to the king half a Mark.   

Ordinatio Forestae.  
22 First we have decreed for us and our heirs, that of trespasses hereafter to be done in our forests of green 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 upon such presentments there before the Foresters, verderors, and all other ministers aforesaid, by the oath aswell of knights, as of other honest and lawful men of the nearest parts, where the trespass (so presented) shallbe done not suspected, by whom the truth of the matter may be fully inquired of, and the truth so inquired of, the presentments shallbe solemnly affirmed, and sealed with their seals by the common agreement and assent of all the ministers aforesaid, and if the indictment be made otherwise it shall be utterly void.  
And if it happen any of the foresaid Foresters, regardors, or other ministers of the same forests to die, or by sickness, or by any other means to be hindered, by reason whereof he cannot be present to such swanimotes: immediately the justice of the Forest or his lieutenant shall put another in his place, so that the inditement may be made by all, 
Verderors by election. They are called veredictors because they are judges, & do give judgement of Forest matters.  in form aforesaid, and that the officers which are to be placed, be placed, as hitherto it hath been accustomed to be done: Saving the Verderors which shallbe appointed by election, and by our writ. And we will that none of the foresaid ministers hereafter, be put in any assizes, juries or inquests, to be taken without the Forest.  
And if any surcharge be found of the Foresters, or other, which have to do as ministers of the Forest, such surchargers shallbe amoved, and shallbe imprisoned according to the discretion of the justice of the Forest, or his lieutenant. And they also by whom they were placed there shallbe punished likewise at our pleasure. And at every Swanimote, it shallbe inquired of the surcharge of the Foresters, and other ministers of the forest, and of their oppressions brought upon our people, and they shall make thereof amends, and be punished as is above express● And as concerning those persons, which since the time that 〈◊〉 Forest was disafforested, have committed offences in Verte and Venison within the forest to disaforest the same, and that sentence of Excommunication was published against the same offenders, although the same by our good will should not have proceeded, which sentence the Pope himself afterwards revoked, and which grants and disaforesting for certain causes we do revoke and make void. For we will that those offenders be pardoned: Except those offences which were committed in that part which doth remain forest still, so that the hedges and dyches that were made in the mean time shallbe thrown down, removed, and utterly avoided. Saving unto us our rents, which we will have to remain according to the assizes of the Forest.  
The wood which is cut & felled shallbe removed, and the wood standing shall remain in the forest, and if by chance any such wood yet standing to be sold, it shall remain in the forest, and the seller shall satisfy the buyer, according to the quantity of the portion of the wood standing in the forest, and so of wood sold in the mean time, and even as he shall take of the same buyer.  
We will also, that the justice of our Forest, or his lieutenant, in the presence of our Treasurer, and by his assent, have 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 justices circuit.  
We will more over, that they which have had common of pasture in the forest, before perambulation made, and they which afterwards were denied in the forest, and they which have been let of the said common by the perambulation aforesaid shall have their common, of pasture from henceforth in the forest, as largely and freely as they were wont to have before the perambulation aforesaid: saving our rents in form aforesaid etc. Teste etc. Westminster xxviii. day of May. An. 34. E. 1.  
32 That the great Charter of the liberties, and the charter of the forest be observed and kept in every article. And that the old perambulations of the forest, in time of king Edward grandfather to the king that now is, be from henceforth holden inlike form, as it was then ridden and bounden. And thereupon a charter to be made to every shire, where it was ridden and bounden, And in such places where it was not bounden, the king will that it shall be bounden by goodmen and lawful, and that a Charter be thereupon made, as is aforesaid. An. 1. E. 3. cap. 1. Stat. 2.  
24 Whereas divers people be disherited, ransomed and undone by the chief keepers of the forest on this side Trent & beyond, and by other ministers, against the form of the statute of the great Charter of the forest, and against the declaration made by king Edward, son of king H. in form following, that is to say: We will and grant for us and our heirs, that for any trespass done in the forest of Vert and Venison: That the foresters in whose bailiwick such trespass shallbe 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 presentment be made before the said foresters, verderors, regardors, agistors and other ministers aforesaid, aswell by the oaths of knights, as by other discreet and lawful men and not suspicious, of the parties joining near where such offences shallbe presented, and where the truth may best and most clearly be known. And the truth perfectly known, than such presentments by the common assent and consent of all the said ministers, shallbe solemnly written, and with their seals ensealed. And if any indictment be in any other manner made, the same shall be void. And therefore because the chief wardens of the forest have not observed the same hitherto: It is agreed and ordained, that from hence forth no man shallbe taken nor imprisoned for Vert nor Venison, unless he be taken with the manner, or else indicted after the form before specified. 
Taken with the manner, is commonly said to be in four sorts, vz, Staple stand, Dog draw, Backbeate, and Bloody hand. For Venison and for Vert, in two sorts, vz, cutting of it, and carrying of it away.  And then the chief Warden of the forest shall let him to mainprize, till the Eire of the forest, without any thing taking for his deliverance. And if the said Warden will not so do, he shall have a writ out of the Chancery, which hath been in old time ordained for such persons indicted to be at mainprize, till the heir. And if such Warden after he hath received the writ, do not incontinently deliver such persons indicted to mainprize, without taking any thing: then the plaintiff shall have a writ out of the Chancery to the sheriff, to attach the said warden to be before the king at a certain day, to aunswerer wherefore he hath not replevied him that is so taken. And the Sheriff (the verderors being claled to him) shall deliver him that is so taken by good mainprize, in the presence of the verderors, and shall deliver the names of the mainpernors to the same Verderors, to answer in the heir of the justices. And if the chief warden be thereof attainted, the plaintiff shall recover his triple damages, and the said Warden to be committed to prison, and ransomed at the kings will. And from henceforth it shallbe written to them as to the chief Wardens of the forest, because they may not be justices, nor to have any Record. Anno 1. E. 3. cap. 8. Stat. 1.  
25 No forester nor keeper of forest or chase, nor none other minister, shall make or gather sustenance, nor none other gathering of victuals nor other thing, by colour of their office, against any man's will within their bailiwick nor without, but that that is due of ancient right. Anno. 25. E. 3. cap. 7. Stat. 5.  
26 No manner of jury shall be from henceforth compelled by any minister of the forest to travel from place to place out of the places where their charge is given to them against their gree, nor by malice, nor by menace, 
The verdict to be given up where the charge is given them.  or other duresse constrained to say their verdict of a trespass done in the Forest, otherwise than their conscience will clearly inform them, but they shall say their verdicts upon their charge, in the places where the charge is given them, as above is said. 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 manoverie, or trespassing in the forest, or else where, nor shall not be constrained to make any obligation or ransom, to any minister of the forest by any manner, against their gree and the assize of the forest. And if any do against this ordinance in any point, and thereof be attainted, he shall pay to the party damnified their double damages, and fine and ransom to the king for his offence. Anno. 7. R. 2. cap. 4.  
28 From henceforth all and every the justice and justices of the king's forests, parks & chases within this realm, 
Note that by the common law the justice of the forest is a judicial office, and therefore he could not make a deputy to execute the same office before this statute.  which now be, or hereafter shall be, by their writing sealed with the seal of their office, shall make, assign, depute and appoint as many deputy or deputies for the exercising of the same office of the justice or justices of the forests, as to such justice or justices from time to time shallbe thought convenient, which deputy and deputies so appointed shall have like power and authority to do and execute all things concerning the king's forests, parks and chases, and all other things concerning the office and offices of the justice of the forests, to all intents and purposes, 
But it seemeth that the office of the chief warden of the forest is no judicial office, because the writ 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 judicial place, he could not make deputies as he doth to execute the same.  and in as large and ample manner and form, as the same justice or justices might, or may lawfully do or execute by the laws of this realm, and as though the same justice or justices were there personally present in his or their own person or persons. Anno. 32. H. 8. cap. 35.  
27 Every 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 maintain & keep the same in the Forest by this statute.  
Nota per cest statute que un altar person que le royne poit aver un Forest per la common ley.  
Nota que cest statute fuit in le negative del comen ley ergo le comen ley fuit contrary devant ceo.   If any of the queens Subjects having woods of his own growing in his own ground within any Forest, Chase, or Purliew of the same, within this Realm of England, shall cut or cause to be cut the same wood, or part thereof, by licence of the Queen, or of her heirs in her forests, Chases, or Purlieus, or without licence in the Forest, Chase, or Purliewes of any other person, or make any sale of the same wood: it shallbe lawful to the same Subject, owner of the same ground whereupon the wood so cut did grow, and to other such persons to whom such wood shall be sold, immediately after the wood so cut, to copy, & enclose the same ground with sufficient hedges able to keep out all manner beasts, and cattle out of the same ground, for the preserving of their young springs: and the said hedges so made, the said Subjects may keep them continually by the space of seven years next after the same enclosing, and repair and sustain the same as often as it shall need within the same seven years, without sewing of any other licence of the Queen, or of her heirs, or other persons, or any of their officers of the same forests, Chases, and Purliewes. Anno. 22. E. 4. cap. 7.   

The Statute for the drift of the forests, and what beasts are not to be suffered to common in the waste soil of the Forest.  
NO commons or commoners within any forest, chase, more, marish, heath, common or waste ground, nor any officer or officers of or within any of the said forests or chases, nor any other person or persons whatsoever he or they be at any time after the last day of March, which shallbe in the year of our Lord God a thousond five hundred & three & forty, shall have or put to pasture into or upon any such ground, forest, chase, more, marish, heath, common, or waste ground, any stoned horse or horses, being above the age of two year, and not being of the altitude and height of fifteen handfuls, to be measured from the lowest part of the hoof of the forefoote unto the highest part of the whither, and every handful to contain iiii. inches of the standard, to pasture feed or be in or upon any of the said forests, chases, commons, moors, marshes, hethes, or waste grounds within any of the shiers and territories of Norff. Suff. Cambridge, Buck. Huntingdon, Essex, Rent, Southampshyre, Northwilshyre, Oxford, Bark. Worcester, Gloucester, Somerset, North-wales, South-Wales, Bedford, Warwyke, Northampton, Yorkshire Cheshire, Staffordshire, the county of the city of York, the town and liberties of Gloucester, the county of the town of kingston upon Hul, the county Palantine of Lancaster, the county of Salop. Leicester, Hereford, & Lincoln, or within any of them, nor shall put to feed or pasture any stoned horse or horses, being above the said age of two years, and not being of the altitude and height of fourteen handful to be measured, as is above said within or upon any like ground or grounds as been above written, lying or being within any other shire of this Realm, nor within any of them, upon pain of forfeiture of the said horse or horses, which shallbe found in or upon any such ground, forest, chase, moor, marish, heath, common or waste ground, 
It shallbe lawful for the finder of such to seize them.  at any time after the said last day of March which shallbe in the said year of our Lord God, a thousand five hundred and three and forty, contrary to the form of this statute. And it shallbe lawful to every person and persons that shall find any such horse or horses contrary to the form of this statute, to seize the same in manner and form following, that is to say, the said person or persons so finding any horse or horses, contrary to this act in any forest, chase, common, moor, marish, 
Keeper or other officers of the Forest, to help the finds  heath, or waste ground within the said shires, or other limits aforesaid, or in any of them shall first go unto the keeper or keepers of the same forest or chase, or to his deputy or deputis, or to the constable, bailif, hedborough, bursholder, or tithing man of any township next adjoining unto the said place where the said horse or horses shallbe. 
Such Horses or Mares to be driven to the Pound, and there to be measured, in the presence of three honest persons.  And shall command, or require him or them, or any of them in the king's behalf, to go with him or them to bring every such horse or horses, as he or they shall think to be there feeding and going, contrary to this statute, 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 be named and appointed by the said officer, and if it so be found that the same horse or horses be contrary to this act, 
It shallbe lawful to retain them to his own use.  that then it shallbe lawful to every such person and persons that shall so challenge and cease the said horse or horses as before is said, to take and retain the same horse or horses, and every of them, to his own use, as his own proper goods & chattles for ever, without let interruption, vexation, suit, 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 authority above said, that if any of the said keepers, their deputy or deputies, Baylyfs, Constables, Hedborough, Bursholders, or tithing men, or any of the said three other honest men, which shallbe required to be at the measuring of the said horse or horses, as is before said, do refuse to do, as is aforesaid, or else do not truly measure such horse and horses, that then every such bailiff, keeper, deputy or deputies, constable, hedborough, bursholder, & tithing-man and the said three honest persons to be named, as is aforesaid, and every of them not doing, and refusing to do his or their duty in the premises, shall forfeit and lose. xl.s. for every time so refusing to do, or not doing as is a foresaid, the one half thereof to be to the king, and the other half thereof, to be to the party that will sue etc. in which action none essoygne etc.  
Provided always that this act shall not extend to any stoned horse or horses, that shall happen once in any year after the said last day of March, to break, escape, or go out of any several pasture or ground, against the will and mind of the owner, or possessor of such horse or horses, into any of the said foresters, chases, moors, marshes, hethes, commons, or waste grounds, so that the said horse or horses, so breaking, escaping, or going out, do not remain or abide in the said forest, chases, moors, marshes, heaths commons or waste grounds, or any of them, by the space of four days next after sufficient and open notice and knowledge given at the dwelling house of the owner of the said horse or horses, or after open publication thereof made upon a Sunday, 
The manner & form, how the forest shall be driven, and that is yearly at the feast of S. Michael.  or other festival day in the parish church where the owner or possessor of such horse do dwell. And be it etc. that all forests, chases, commons, moors, marshes, heaths, and waste grounds within this realm of England and Wales, and the marches of the same and every of them shallbe driven at the feast of S. Michael th'archangel next coming, or within xv. days than next after, and so yearly to be driven by the Lords owners or possessors of the said forests, chases, or by the officers of the same, and by the constables, headboroughs, bailiffs, bursholders, and tithing men, within whose offices and precincts and limits, 
Forf. for not driving of the forest.  the commons, moors, marshes, hethes, and waste grounds, being out of the forests and chases be or lie, upon pain of xl.s. to be forfeited to our said sovereign Lord the king, by every of the said officers, bailiffs constables, headboroughs burshelders, & tithingmen as often & at every time as the said drift shallbe omitted or left undone, or not effctually done within, xv. days after the said feast of S. Michael th'archangel, as is a foresaid. And it shall also be lawful to the said Lords owners and possessioners of the said forests & chases, by their officers of the same, and by the constables, bailiffs, hedhoroughs, bursholders and tithing men, 
The drift of the forest is to be made as often as the officers shall think me  and every of them within the limits of their offices, to make like drift of the said forests, chases, commons, moors, marshes, hethes, and waste ground, at any other season & time of the year whensoever and as often as they shall think meet and convenient.  
And furthermore be it enacted, that if in any of the said drifts there shallbe found any Mare, fili fool, or gelding, that then shallbe thought not to be able nor like to grow to be able to bear fools of reasonable stature, or not able nor like to grow to be able to do profitable labours by the discretions of the drivers aforesaid, or of the more number of them, 
Unprofitable beasts to be killed.  than the same driver or drivers shall cause the same unprofitable beasts and every of them to be killed, & the bodies of them to be buried in the ground, or otherwise bestowed, as no noyance thereby shall come or grow to the people there near inhabiting or thither resorting. And it is etc. that the justices of peace in every shire, riding, and other place in their quarter sessions to be kept and holden by virtue of the king's commission of the peace to them directed, and all stewards of letes & lawdays in the same letes & lawdays shall have authority by this act to inquire of all defaults, contempts, omissions and offences, contrary to the effects above written, and every of them. And all presentments thereof to be found in any of the said letes and law-day shall be certified by the steward or deputy, steward or courtholder of the same let or lawdaye in the next general sessions of the peace to be holden in the County where such presentment shall be found or had, or unto the Custos Rotulorum of the same Shire within forty days next after that presentment made, which justices of peace in their quarter Sessions of the pear, shall have power and authority by this act to hear and determine every such presentment before themselves found, or in any of the said letes or lawdays to be presented and certified, as is aforesaid, as well by examination as otherwise, and if any such steward deputy, steward or courtholder aforesaid, inbesyl or conceal any such presentment, or do not certify the same as is afore written, every of them, so offending, shall forfeit and lose for every such offence xl.s. the one half of every such forfeiture, and of every other of the forfeitures afore written, to be to the king, and the other half to the person or persons that will sue for the same, before the said justices of peace in their said quarter sessions by bill or information, which justices shall have full power and authority by virtue of this act to hear and determine every such offence aswell by examination as otherwise as is before mentioned. And be it further enacted by the authority aforesaid, that no person or persons, after the feast of saint Michael the archangel next coming, shall have or put to pasture any horse, gelding, or mare, infected, with scab or mange, in, to or upon any of the said forestschases, moors, marshes, hethes, commons, waste grounds, or common fields, upon pain to forfeit for every horse, gelding, or mare so infect, pasturing in any of the said grounds, ten shillings, which offence shallbe inquirable and presentable before the steward in every let, as other common annoysance be. And the forfeiture therefore to be to the Lord of the same let, where the said offences shall be presented. Provided always, that this act or any thing therein contained, shall not extend nor be prejudicial to any person or persons, having any stoned horse or horses, under the heights & altitudes above mentioned, for or concerning the having or putting any of the said horses to feeding in or upon any common or other waste grounds, where any mares, or fillies be not used nor suffered to be fed, pastured or kept An. 32. H. 8. cap. 13.   

Assia de Woodstock.  
ANd note that by the Laws and statutes of the forest, called the statutes of Woodstock: no forester shall walk or make any attachment for matters of the forest, except he be a forester sworn, for the words are these: Nec aliquis aliqem attachiat nisi sit forestarius juratus, that is to say, neither shall any forester attach another man but he that is a forester swarm. And also it appeareth by some statutes, that no man ought to remain and abide within the forest being of the age of xii. years and upwards: but he ought also to be sworn to be true unto the queens majesties game of the forest, for the words are these: Omnes etatis duodecem annorum manens in foresta pacem venationis sue jurent. Et clerici, laicum feodum tenentes pacem eius jurent, which is that every man of the age of xii. years shall swear the peace of hunting of the beasts of the forest, and also Clergimen having Lay fee, shall likewise swear the peace of the queens majesties wild beasts of the forest.  
And now for as much as it appeareth by those Laws that the Inhabitants and dwellers within the forests ought to be sworn to be of good behaviour towards her majesties game: much more than ought those that are officers of the forest, as verderors, Foresters, Woodwardes, and Raungers, which have charge of her majesties game especially to be sworn, for otherwise by colour of their office, they might spoil her majesties game and destroy the same: wherefore to the end that those oaths may the better be administered unto such officers, by those that have authority thereunto, and likewise observed and kept by them that are compellable by the Laws of the forest to take the same. I have collected their several oaths, out of the ancient presidence of forest Laws, and set them down as hereafter followeth.    

The oaths of the several officers of the Forest.  

The oath of a Woodward.  
You shall truly Execute the office of a Woodward of B. Woods, within the forest of W. so long as you shallbe woodward their, you shall not conceal any offence, either in Vert or Venison, that shallbe committed or done within your charge, but you shall truly present the same without any favour affection or reward: And if you do see or know any malefactors, or do find any Dear killed or hurt, you shall forthwith do the Verderors to understand thereof. And you shall present the same at the next Court of the forest: be it Swanimote or Court of attachments, so help you God.   

The oath of a Ranger of the Forest.  
You shall truly Execute the office of a Ranger in the purliewes of B. upon the Borders of the king's forest of W. You shall rechase, and with your hound drive back again the wild beasts of the forest, as often as they shall range out of the same forest into your Purliewes. You shall truly present all unlawful hunting, and hunters of wild beasts of venery, aswell within the purliewes, as within the forest. And those and all other offences, you shall present at the kings next Court of Attachementes or Swanimote which shall first happen, so help you God   

The oath of a Forester, or underkeeper in the Forest.  
You shall truly Execute the office of a forester, or keeper of the kings wild beasts, in the walk called P. within this forest of W. Yond shallbe of good behaviour yourself towards his majesties wild beasts, & the vert of the same forest. You shall not conceal the offence of any other person, either in Vert or Venison that shallbe 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 uttermost of your power maintain and keep the assizes of the forest, and in all things the kings right defend concerning the same, so long as you shallbe kéeper there, so help you God.   

The oath of a Verderor, alias a Veredictor.  
YOu shall truly serve our sovereign Lord the king, in the office of a verderor in the forest of W. you shall to the uttermost 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 & maintain the ancient rights and franchecies of his Crown: you shall not conceal from his Majesty any rights or privileges, nor any offence either in Vert or Venison, nor any other thing. You shall not withdraw nor abridge any defaults, but shall endeavour yourself to manifest and redress the same: and if you cannot do that of yourself, you shall give knowledge thereof unto the king, or unto his justice of the forest: you shall deal indeferently with all the king's liege people: you shall execute the Laws of the forest, and do equal right and justice, as well unto the yoore 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. so help you God.   

The oath of the Inhabitants of the Forest, being of the age of twelve years, as the same hath been accustomed & used in ancient time.  
YOu shall true liege man be, unto the king's Majesty.  
You shalt no hurt do, unto his beasts of the forest,  
Nor unto any thing that doth belong thereto:  
The offences of other, you shall not conceal,  
But to the uttermost of your power, you shall them reveal:  
Unto the officers of the forest, or unto them that,  
May see the same redressed.  
All these things you shall see done,  
So help you God at the holy doom.  
I have here set down the several oaths of these officers aforesaid, to the end that they being compellable by the Law to take an oath, may know what their oath is, and so by their oath, their office also: for it is a learning at the common Law, that such officers as do execute offices, in which they shall be forced to take an oath, their oath doth either at large or briefly comprehend the whole effect of their office, as you may perceive by examining of those oaths aforesaid.   

It seemeth, that where a Verderor or other officer of the Forest, hath a right or interest, to have yearly for his see one Buck, or one do, by reason of his office, or otherwise in any Forest. Park, or Chase, that then the same verderor or other officer that hath such right or interest to have such a Buck or Do, as afore said, may enter into the same Forest, park, or Chase, and there kill and take the same at his will and pleasure, and may justify the same taking and killing of them both by the rules of the common Law, and also by the rules of the Forest laws, as it shall appear by these cases hereafter following.  
ANno. 2. R. 2. En trespas il est tenus come un maxim, que si ascun home ad interest a ascum chose per le grant ou assent dune altar, 
Fitzh. titulo Barr. 237. Parkins. fo. 28  et le party que ad tiel interest ne poit aver le principal chose sans fair altar chose, que il poit fair le dit altar chose, et ceo justifier eo quod il est le means a vener a son profit. Car la est tenus que si un grant a moy touts ses arbes cressants in son boys, ieo poy eux succider & carrier per tout son terre & mesque son herb soit defoul oue le carriage, il nauera brief de Transgr● de ceo. Car les arbres soint tiels choses que sils ne devissent este carries oue carects, il ne puit aver eux ●e fair son profit de eux. Et le case fuit la Auxsi adjudge que si un vend touts ses pessons en son stank, et le vendee, fowa un trench, issint que le ewe poet currer horse, & per tiel means il puissoit prender les pessons. Et le vendor port brief de trespass verse luy pur le four, et la agard fuit que il recoveroit, pur ceo que il puit prender les pessons per rethes; ou auters engines: Mes si nust este ascuns altar means a prender eux: Auter vst este Come est la tenus. Et pur le vener all banks a pischer, il poit bien justifier, 
Per lafoy forest ley. M. 13. H. 7. fo. 10. a nota. 9  car sans ceo il ne poit eux prender per ascun means. Issint que home touts faits, justifiera la necessary circumstance, lou il add title all principal chose. Et M. 13 H. 7. fo. 10. et nota 9 le case fuit tiel. En br' de trespass sur le statute de mistesors in parks le defendant dit que le plaintiff done un dame male a un B. & il come servant a le dit. B. vient oue luy a le dit park et per son commandment luy aide de tuer le dit dame perforce de quel il vient et enter in le dit Park, et chase le dit dame et luy tua, de quel chase le pleintif ad conceive cest action: Et loppinion de touts les justices fuer clerement, que ceo fuit bon justification. Car ils diont que si un home ad un garrant pur un dame male ou female il est congeable a luy de amesuer sez seruantz oue luy de prender le dit dame, car auterment il serra chase de prender le dame luy mesme, le quel nest reasonable per que ils semble le justification bon quel case bien prove que lou un home ad interest all un dame come un verderer ad il poit justify le prisans de ceo oue son servants. Car auterment si le forester ne voile occider son dame pur luy, il ne poit aver son dame. Car il nad ascun means 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 justifier all occider son dame demean. Donques la ley ne ad provide ascun remedy pur luy avener a son dame demean en que il ad interest, et pur ceo la ley nest issint unreasonable. Car la ley ad provide un remedy pur chescun home auener a ceo en que il ad ascun interest, & ceo auxibien en tielx choses de pleasure lou il add interest en eux come in son proper biens. Come il est bien prove per un case que fuit adjudge 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 Norfolk port action purchaser en son Park apud Lopham in Comitatu Northfolk verse Wiseman & alios. Ils diont que le Duchess licens le Comes de Suffolk purchaser a son pleasure in le dit Park, & ils monstront que al temps de trespass, le dit Comes vient in le dit Park. 
Nota le difference inter choses de pleasure, & choses de profit, car lou home ad licence de pleasure il ne poit justifier mes pur luy mesme. Et lou home ad licence de profit il poit justifier pur auters sicome son servants et issint lou home ad interest in un dame a aver ceo cest est un chose de profit & nemy de pleasure, nota le difference.  Et les defendants oue luy chase etc. Et fuit monster que cest ple ne fuit bone, car per le licens don all Comes, que est forsque pleasure, ceo extend forsque a luy, et nul altar justifier per cest licens, car si ieo done licens a un home pur manger ovesque moy, nul de ses servants justifier lentre en ma meason per reason de cest licence, car est licence de pleasure. Et issint si ieo done licens a un pur aler a son pleasure in mon Orchard nul de ses servants justifier per son licence. Mes si soit licens que est profit et nemy pur pleasure, auterment est. Car si home done licence a moy de carrier ouster son terre ou mon charue meys servants justifier per son licens. Et issint si home licens moy daver un arbour in son boys: Mes servants justifier le scier del arbour & lentre. Car ieo auera profit pur ceo. Et issint fuit lopinion de court & puis les defendants diont que le duchess done licence a le Comes purchaser, 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 commandment enchaseront et asportaveront &c. Et ceo fuit tenus bon. Et le licens fuit allege in Suffolk, etc. Et le Duchess rejoinder de lour tort demesne sans tiel cause. Per quel case est fort dure prove que lou home ad interest in un dame issint que il est aver ceo donques il est a aver profit per ceo. Et le verderer ad interest all un dame in la forest pur son fee dame et il est aver ceo et donques il est aver profit per ceo. Issint que il poit auxibien justifier pur luy et pur son servants a occider le dit dame in le forest come le dit Comes de Suthfolk poit justifier per unam & eadem rationem que il est aver profit perceo. Et pur ceo que il ad un interest et droit aver le dit dame et il nad altar means auer ceo si le forester ne voile occider le dit dame pur luy. Et si le forester complain de dit verderor all justice del Eyer pur occider de un dame il poit bien justify le occider del dit dame devant le dit justice de Eire, pur ceo que il est aver ceo et il est a aver profit per ceo pur quel cause il ceo prist ceo come un chose que il de droit doit aver et cest prisans nest enconter lassises & ordinance deal forest que sont in ceux parolx, 
Ordinatio Forestae. fo. 30. cap. 10.  si quis ceperit feram sine waranto in foresta issint une nest punishable que priest feram oue vn warrant et le interest del verderer ou officer daver un dame est bon warrant, quod nota.    

Certain Cases queux concernant matters deal forests, parks, et Chases, que sont adjudge et escry in nostre livers de la comen ley come ensuit.  

Misusans' del officer de Forest in son office, est cause de forfeiture de son office.  
Annuity per Brian justice, si home ad Parker qui guard son Park, 
M. 15. E. 4. fo. 3 b. Br. Forfeiture. 17.  & ill occist ses Dames cest est bon cause de luy metter horse doffice quere si seneschal, Auditor, vel huiusmodi, engross lour livers fauxment, et fo●nt faux discharges et huiusmodi, si ils ne sont in mesme le degree deal officers et issint un forester qui occist son dames sans garrant il est forfeiture del son office. 15. E. 4 fol. 3. Et cest case est bien prove per un plea, que est plede en avoidance de un assize port sur un grant de un office de un Parkership oue le rent de xx. s. per an, et le redd'vij. quarter frumenti & de officio parcarij parcijs 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 unum quadrat', 
Libro intraconis. fo. 75. in assize in office. 1. & ibidem in office. 2.  et le defendant in le dit assise dit que il ad tiel grant et tielx fees a partner a ceo. Mes le plaintiff in la dit assize ad occid les dames en le dit Park sauns garrant. Issint que il ad forfeit son office per ceo, et le dit plaintiff rejoined que il ad tua la dames per le commandment deal pleintif, et issint all issue. quel case prove que est clere ley que pur parker occider dames sans garrant est forfeiture de son office, et issint est pur forester, car il est officer agarder les dames et nient a occider et destroyer eux sans special garrant a ceo fair, 
5. E. 4. fo. 26. Br. Forfeiture 54.  et en Anno. 5. Ed. 4. fo. 26. Le case fuit tiel annuity est demand pur office del Parkership grant a luy pur term de son vie, le defendant dit que loffice fuit grant all plaintiff, ut supra, et que tiel office este de temps dont etc. et que le keepers ont guard le dear, et le boys per idem tempus. Et que del second iour de julii tanque le xiiii. iour de mesme le mois 22. savages fueront tues per persons disconus in negligence le plaintiff. Et hoc etc. (Young) Per negligence del officer lannuitie, et loffice est extinct. Et per Choke justice, si Seneschall ne tient les courts, ou ne eux tient pur le profit del seignior cest forfeiture de son office. Newton justice, Parker nen tenus de gard le park chescun iour, ne demain iour ne festival iours, mes serra all divine service ne in le nuit, ne degarder ceo contra vi. ou viii. hōes, car ultra posse: Et garden de prison que permit wilful escape cest est forfeiture de son office, mes escape in le nuite nest que negligence del officer, quere inde. Arderne, plus est in le plea que ne besoigne. s. adire que les keepers ont guard le dear & le boys in le park. Car ceo est intent en le ley. Et tenetur quod neglexit custodire, nest bon issue, Car neglexit est adinier. Young, il non custodivit parcum per 12 dies, ut 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 un forest.  
Et in Anno quinto, Edwardi quarti. fol. 5. 
Anno 5. E 4. fo. 5. Br. forfecture. 55.  Le case fuit adjudge que si Parker ne gard le park 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 park. Et semble mesme le ley del forester del forest, car il ad mesme le charge deal dames come parker ad in son park.  
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 contrary a son office. Et idem de misfesans de son office que il ne fait droit all parties. Et idem sil foit demand pur vener de fair 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 fair son office forfeitera son office.   

The Lord chief justice of the Forest, hath an absolute authority appointed unto him, to determine of offences that are committed and done within the Queen majesties forests, either in Vert, or Venison: And the same offences are to be determined before him, and not before any other justices, except those that are appointed by her majesties Commission under the great Seal of England to aid and assist the said Lord chief justice in that place, as it doth appear by the Statute of Carta de Foresta, Cap. 16. in these words, as followeth.  

Charta de Foresta. ca 16.  NVllus Constabularius, Castellanus vel balliws teneat placita de Foresta, sive de viridi, sive de venatione, sed quilibet forestarius de feodo. Attachiat placita de foresta tam de viridi quam de venatione, et ea presentet viridarijs provinciarum, et cum irotulata fuerint, et sub sigillis viridariorum inclusa presententur capitalibus justiciarijs nostris de foresta cum in parts illas venerint ad tenendum placita de foresta & coram eis terminentur. Has autem libertates de forestis concessimus omnibus, etc. By which words of the statute coram eis terminentur, doth exclude any other justices to hear and determine the said offences of the forests, but only the Lord chief justice of the Forest, and those that are in Commission appointed with him to aid and assist him: For the statute is in the negative of the common Law, and doth restrain all other justices, and saith coram eis terminentur: and in that sense the Statute is taken by the learned judges of the common Law: For in Anno. 21. H. 7. fo. 22. the case was such. 
Anno. 21. H. 7. fo. 22. nota. 8.  En trespass de malefactoribus in parcis et Count que le defendant intravit in quandam Forestam, et loppinion del court fuit que cest action ne gist my, si non sit, pur misfesans in parcis, Car le statute de West. 1. cap. 20. est cantsolement en Parkes, et ceo serra pris strict. Issint le punishment que est done pur male fesans in forests est punishable per lestatute de Charta de Foresta et nemy en altar manner, etc. By which case there are two things to be noted, that is to say, First, that the statute de malefactoribus in parcis doth not extend to a Forest, 
Stat. Westm. 1 cap. 20. de malefactor' in Parcis.  for that a Forest and a Park are two distinct things at the common law, and therefore that statute that was made to reform injuries done in the one doth not extend to any hurts done in the other. The second is, that by the said case it doth appear, 
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 appear.  
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 un Hart proclaim troue deuaunt justices de peace, et lenditement fuit challenge pur ceo que il ne monstre en lendictment en quel am le proclamation fuit fait. Et auxi il ne monstre en quel am il fuit occise, car si fuit occise horse deal bounds deal forest, il est loyal a luy de luy occiser, fuit dit per seigniour Fineux que il puit pleder cest matter all jurisdiction del court, pur ceo que les justices del forest determiner cest matter, etc. By which case there are six things especially to be noted.  
1 First, that every Indictment against any offendor, for offences done in the forest, must be certain concerning the thing itself, for which the offendor is Indicted, as to show that it was for killing of a Hart, and also to show where he was proclaimed a Hart.  
2 Secondly, that it must be certain, concerning the place where the offence was done, for that the kill of the Hart within the forest, or without the forest, doth make the same killing an offence, or no offence, & therefore it must be showed in the Indictement certain, 
Et vide le case 12 H. 8. foe 10. que prove qui si ceruus est extra forestam vagrans est loyal a chescum subject a occider & aprender ceo.  in what place of the forest the same heart was killed, for otherwise it doth not appear that it was any offence by the Laws of the forest.  
3 Thirdly, it is to be noted that a Hart proclaimed, (which is called in Canutus Laws, fera Regalis a Royal beast, being a beast of the most estimation of any wild beast in the forest,) yet if he be wandering out of the forest, it is lawful for any of the king's Subjects to kill him, without any offence in the forest Laws.  
4 Fourthly, it is therefore especially to be noted, that a forest must have his limits and bounds, within the which the wild beasts of the forest are to have a place of firm peace for them to abide in: in the safe protection of the king, from the hurt of his subjects: whereof the same doth receive the name of Forest, that is to say, a place for the wild beasts to abide in for rest: which by shortness of speech, is called Forest.  
5 Fiftly, that such offences which were committed by any offenders within the forest, are to be tried before the justices of the forest only, & to be punished there by the forest Laws: for as much as there are Laws appointed for that purpose, differing from all other Laws.  
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 justices of the forest, that then every such offendor may plaed that matter to the iuridiction of the court where he shall so be called in question, and show unto them that the offence for the which he was called in question was done in such a forest, and that the justices of the forest are to determine that matter only, and that no other person have power nor authority to determine that offence.  

Ordinatio Forestae, in which is in secund● pars veterum Statutor. fo. 67  And further it is manifest, that by the Statuit of Ordinatio Forestae, it is ordained and appointed, that all offences that are done, or committed within the forest, either in Vert or Venison, shallbe presented at the next Swanimote: and the statuit doth set down there in what order, & before whom it must be done, that is to say: coram forestarijs, viridarijs, regardatoribus, agistatoribus, et alijs eorundem forestarum ministris etc. et si in alio modo fiat Indict' pro nullo penitus habeatur: which doth not only show 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 set down the manner how the same shallbe done, & if it be done in any other manner then there is set down, the same shallbe void: by which Statute, it is to be gathered, that all the proceedings against offences committed in the forest, in any other place then before the justices of the Forest, shallbe void: and that none other have power and authority to proceed against offenders in the forest, but the justices of the forest only.   

Certain cases and especial notes, meet to be learned of all men that will know the nature of wild beasts, and who hath, or aught to have any interest or property in them: All which are things very nesesarie for foresters, and officers that do belong to the forest to know.  
ANno 43. Edwardi. 3. fo. 24. in an action of trespass, it was holden that the writ shall not say, damamsúam cepit: 
43. E. 3 fo. 24. Br. Property 10.  if he do not say that it was taken in his park or warren: or else say, that he was damam domitam, which doth prove that if the beast that was taken a way be not a tame beast, the plaintiff hath not any property in him when he is out of his ground, for so long as he is in his park or warren, he hath then property in him, ratione soli. 
22 〈…〉 Br. Propertie 19   
And in Anno 22. Henrici 6. fol. 95. It is holden by Newton that in an action of trespass brought, quare clausum suum fregit et damas cepit, that there he may well say damas suas: and so you may see, that where wild beasts of nature be taken out of my soil, I have property in them so long as they are in my soil, & then I may say Damas' suas, and when that they are out of my soil, I have no property in them, & therefore he cannot say Damas' suas. 
7. H. 6. fo. 38. Br. Property 20   
And in 7. H. 6. fo. 38. it is there holden, that when savage beasts of the kings go out of the forest, the property is out of the king, & so you may see that the king hath property in them when they are in the forest: for it is said there, that the land maketh the property of such wild beasts, quod nota: for if they be out of the forest of the king, or out of the owner's park or warren, then capienti conceditur.  
And in. 18. E. 4. 14. it is holden there that the dear in a park which are wild of nature, a gift of them is void, 
18. E. 4. fo. 14 Br. Property 31  if he to whom the gift is made, do not take & kill them while they are in the park: for the owner hath property in them, but ratione soli, so that if they be out of the park, the owner of the park hath no interest or property in them.  

43. E. 3. fo. 24. Br. Property 37.  And in Anno 43. E. 3. fo. 24. it is holden that an action of trespass quare damam suam cepit doth not lie, except the Dear were taken out of his soil, for otherwise he cannot say damam svam because he hath no property nisi ratione soli, but it is contrary, if it be damam svam domitam cepit, for in tame dear the owner hath property, quod nota diversitatem: for in Bees, Fowls or Fishes savage, 
Natura brevium. fo. 87.  there is not any property nisi ratione soli. Vide Natura brevium fo. 87. the Esperuers Cunicles et Feris.  

An. 12. H. 8. fo. 10. Br. Propertie. 45.  And in An. 12. H. 8. foe 10, the case was as followeth: a foster of the forest, doth pursue & follow a hunter, that had chased a Hart out of the forest into his own proper land, and there killed him, and the Foster of the Forest did pursue him, and did take the Hart again: and the other that had killed the Heart, brought an Action of Trespass, de ceruo mortuo capto et asportato, and he was barred of his action: for so long as a savage beast, Fish, or Fowl is in my land, I have possession of them, and also property ratione soli, and so he that doth chase them out of my land, and doth kill them in his own proper land, he shall lose his labour therein, and not gain any property: And I shall have the thing killed, if I do freshly pursue it: for that it may be known by the skin, horns, and such like. If the same do go out of my land of his own will, then is it lawful for every man to kill him, for capienti conceditur, and so note a diversity, where a man of his own wrong, doth constrain him to go out, and then kill him, (and where contrary) and it is holden there by Brooke a justice, that if a man suffer his Falcon to fly at a pheasant, and kill him in another man's land, he may pursue his Falcon, and take the pheasant, and he shall not be punished, but for his entry into his ground: for the taking of the pheasant, by my Falcon, 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 common wealth, & they are carrin: & because they are enemies to the common wealth: men may justify the entry into other men's land to destroy them: But Dear, Pheasants, and such like are pleasures and good meat, & men have property 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 have property in hounds, hawks, thrusshes, popinjays, and such like, which are wild beasts of nature if they be made tame: and then the owner shall recover damages in an action of trespass for the taking of them. And yet if he do give omnia bona et ca●talla sua, those do not pass by that gift, and by Eliot a justice, no Replevin doth lie of them. And justice Brudnel doth show the reason thereof: for (saith he) the property is not properly known: and yet an action of trespass doth lie of the taking of them, and likewise for a Mastiff: and it is there said, that there is no Tithes paid for such wild Beasts.   

Certain cases collected and gathered out of the books of the years and Terms of the Common Law, 
Grant.  concerning forests, parks, 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 come Hunt. habend. sibi cum suis partibus, membris, porcellis, & pertinentijs universis, 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, durant 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 altar reservation del game. Et ore le signior North que ad le fee simple, voil prender de la game ou donor garrant la. Et come semble a plus part de les justices & Sergeant's dambidenx measons, et all Attorney 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 reserves destre occide ne ascun de eux, Car donques nest possible pur le less a performer son covenant supra, mes il est reserve 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 resolve per le plus part de les justices, et le Counsel del Roigne cest term a Sergeant's Inn, In presentia Comitis Sussex Iustic' Forestar' citra trentam, que le building de un novel mess in le several soil ou in west dascun home deins un Forest, est un Purpresture et noyance all forest et game, & finable ou rentable pur le toleration ou permission de ceo destoyer, all arbitrement et discretion del justice; 

grant de herbage del Forost.  
Anno. 11. Reginae Elizabeth Dier, fo. 285. nota. 40  
Per grant de herbagio Forestae, The Patentee may enclose the Forest.  
Malefactoribus in parcis.  
Anno. 15. 16 Elizabeth, Dier, fo. 326. nota. 3.  
Purlieu del Chase.   ou raceable et desire deserve all pleasure, etc.  
Anno. 11. Elizabeth, the case was as followeth: Le grantee ou Patentee del Roy de herbagio forestiae auera trespass verse ascun que consume ou descroy les herbs, mes nemy larbres, ne del fruit de ceo, et auxi prendra beasts la damage pheasant, et le brief de Trespass, quare clausum fregit, sibien il fuit de terre, et per le opinion de iii. justices in Banco Regis Termino Trinitatis. 2. H. 8. Le patente poic encloser le Forest per tiel grant.  
In Anno 15. & 16, Elizabeth, the case was as followeth: Le Chase de Whaddon est le inheritance del corone, et le signior Gxey lieutenant de ceo in fee, et il et ses ancestors & lour keepers per prescription on't use de hunter in auxi bien per nute come per iour, les dames vagrants in le manner dun Fortescue de S. adioignant all dit Chase, come in le purlieu del Chase, mes divided oue un hay & dych. Et Fortescue ad per le grant del Roigne auxibien le dit Manner, come le frank warren in les demesne terres de ceo. Auxi bien per sa grant 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 Signior Greye in August darreine, fueront disturb et nauffrees pur usant cest liberty in hunting en les dits demeans, oue grand violence et damage fait per les servants de F. de gules ills estoyent indicted, et per mandatum de lour master, puis quel temps un servant del seigniour Grace esteant in le company del keeper & naufre all dit affray, est mort des strokes &c. cest matter esteant primes oye deuaunt le Counsel fuit commit all examination pur les ley matters, a les deux chief justices et latturney general, queux ayant oyes les parties & lour Counsellors, pensent le ley destre, que le prescription esteant prove voyer, (quell F. denia) nient obstant le unite de possession del Chase et maner de S. in la Roigne, et nient obstant le grant del Roygne mesme, et sa confirmation del garren, oue les general parols de prohibition avaundits, queux extend tantum a le Subject. Le liberty del Purlieu remeina unextincted, & donques le tuer supra nient justifiable per le statute de Malefactoribus in Parcis, & Warrennis, etc. 
Grant dol herbage del park. 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 Park est grant, et il surcharge le Park oue says avers. Issint que les dames nont pasture: Quere quel remedy pur le granter, pur ceo que il ne reserve ascun pasture pur le game.  
Item le office del parkership del dit Park fuit grant oue un fee de 3. li. de les rents: 
Anno 6. E. 6. fo. 80. nota. 90 ibidem  issues et profits deal manor de Stowe per les mines del receiver del dit manor. Quere si cest grant doit charger le manor, etc. et semble all signior Mountagewe & master halls, justice, 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, park, or Chase, 
33. H. 8. Dier, fo. 50 〈◊〉  so that the same is felony by the Statute, yet the party may make it trespass or felony at his pleasure whether he will (saith he:) and so these collections & notes I have gathered out of the Reports of Sir james Dier knight, late chief justice of the Court of Common pleas, which notes, if you list to search the book for them you may see in the Margin of every several case, the folio and note in the which the same matter is contained, and because that they are necessary matters for the knowledge of Forest Laws, I have added them unto this Treatise.   

Concerning the cutting down of Woods in the Forest.  

M. 9 10. Elizabeth, in les Commentaries, fo. 332. b. per Wray chief justice.  ANno. 9 & 10. Elizabeth: I do find one very 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 un Forest del Roy Come del Waltham Escheat all Roy, et le Roy done ceo Manor a un altar in Fee, il nad in le done del manner done a luy le liberty que il auoit en le manner touchant le Forest, Car jalemains il est deins le Forest, et subject all pasture de dames et feres deal forest, 
Note that a man can not fell his wood in his own ground without licence.  et il ne poit scier son boys la deins sans licence del justice del Forest, Car ceo est chose collateral all soil. Et issint en le done deal soil chose collateral all soil come sont choses de Prerogative, ou liberty ne passeront point. By which case you may note, that no man can have any manors or lands within the Forest, but they must be subject to the Laws and bondage of the Forest, that is, that the King (in respect of the wild beasts that are there to be maintained for his princely pleasure and delight, which cannot be there kept and preserved without Covert and secret places for them to rest and abide in:) hath such a prerogative over the woods of every man within the same Forest, that no man may fallen or destroy his own woods without licence of the justice of the Forest: 
Consuetudines & assisa foresta, fo. 29.  and so it doth also appear by the statute called Consuetudines & assisa Foresta, cap. 6. in these words, Liberatio autem housebote & haybote fiat pro ut 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 delivery of housebote and haybote shallbe made as the wood may suffer the same, to remain in the state in which it is, and not at the request of the demandant, neither may he give or sell anything of the wood without the kings warrant, by which law it doth appear that a man may not take housebote nor haybote, but by delivery of the Forester, or warrant of the King.  
And by the Statute of Anno primo of Edward the third, ca 2 It is plain, that no wan in the Forest may take or cut down any 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 justice of the Forest, although it be in his own ground: for the words are these, Every man that hath woods within Forests may take the said wood without being attached by any officer of the Forest, so that he do it by the view 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 down any woods within the Forest, without the view of the Foresters, or licence of the justice of the Forest.   

Et nota icy sont divers prescriprions que soint bone enconter le Roy, et quel prescriptions home poit bien prescriber in Forests deal Roy encounter luy come icy ensuit.  
HOme poit prescriber que il et touts ceux que estate il ad en le manner de D. ount ewe park in mesme le manner 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 aver un Park per Prescription appendent all son manner.  
Et in An. 5. E. 4. dictum fuit pro lege, 
5. E. 4. fo. 118. Br. Prescription, 64  que home poit prescriber destre discharge de Corodie, et idem in Leete, ou daver park, mes Econtra in bonis & cattallis felon ou incognitione placit'. Car le Roy mesme ne poit ceo aver nisi per matter de record: et ideo common person ne poit estre de meliour condition.  
Et in An. 11. H. 6. En un action de Trespass, 
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. desk garden deal bois de D. preignant Annuatim de chescun communer lafoy xii. d. et le pl. ple de grant a luy pur certain temps expire, & travers le prescription & bien & uncore in transgr. etc. le prescription admit in luy & son ancestor et in ceux que estate et issint un poit prescriber destre garden de boys.  
Et in An. 2. R. 2. 
An. 2. R. 2. fo. 15. Br. Prescription. 100  Le case fuit tiel que la il fuit adjudge bon custom de prescribe que ou Swan vient sur terre de ascun adjoin all Ewe de Tames, et eira la, & add 3. Signets, que le owner del Swan avera 2. des meliours & lowner deal terre le 3. Car auterment le owner del terre poit eux enchase quod nota: et hic in particul ' Com. 

Regula, hic Nota quel privilege le royal gamedel swan ad sur le terre de altar in considerac. del dit land bitd per la custom.  
An. 13 H. 7. foe 16. Br. Prescription. 107.  
Nota que honc poit prescriber all hunt in terr de un altar all rechaser les savage beasts all Forest le roy. Br. Prescription 108   Car dictum fuit pro lege 2. Mariae, que custom poit estre allege ou est nul person que poit prescriber. Come inhabitants ne point prescriber, mes ils poit allege custom que les inhabitants point cominer in Dale que lun va ou le am 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 am ou etc. gist adjoinant all forest de Windsor, dont il est Foster de fee, et il et ses ancestors de tempore etc. ount use mesme le am ou &c. Denchase les savages del Forest oue ses chiens, & de eux rechaser all Forest, & que 4. dames viende extra Forestam la per que il eux rechase etc. all Forest etc. et bon prescripe. per Mordant, Frowike, Vauisour & Brian, car ceo poit aver loyal comencement.  
Et vide Brook in tit. Prescrtption, 108. que home poit prescriber que il & says ancestors de tempore etc. et ceux que estate il ad in le maner de C. ont Ewe Park lafoy come appendent de tempore etc. et bou claim.  Et nota ceo come un maxim in touts prescriptions & claims auxibien all comen ley, sicome in le Forest ley que un poit bien prescriber tiels choses que point aver loyal comencement, mes de tiels choses que ne point aver loyal commencement nul poit prescriber sans monster del Charter inde ante temps de memory, ou de allowance de ceo in Eire puis temps de memory. 

An. 1. H. 7. fo. 23. Br. Prescription. 56  ET approver ceo, vide le case in An. 1. H. 7. fo. 23. Que home ne poit prescriber in Sanctuary nisi monstrat Chartam Regis ante temps memory, et allowance in Eire puis temps de memory, mes home poit prescriber in waif, stray, et wreck, mes nemy in cattalla felon utlagate, ne daver conusans des pleas extra Curia Regis sans monster Charter ante temps memory & allowance in Eire puis temps memory.  

An. 11. H. 4. fo. 16. Br. Prescription. 83  Et 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 wreak de tempore etc. in B. et bene sans allowance in Eire. Tamen per Hank il doit aver Charter inde vel allowance in Eire puis temps de memory, et issint nota que nul claim de ascun Privilege ou liberty in ascun Forest que ne point aver loal comencement all primes sans Charter ou grant del Roy doit ester allow sans monster del charter ante temps de memory, et allowance puis temps de memory.   

Certain principal notes, taken out of the records of the pleas of the Forest of Pickering and Lancaster as followeth.  
FIrst it appeareth by the assizes and pleas of the forest, 
If the Foresters, verderors or other ministers of the Forest that have the custody of any of the rolls of the Forest, & they do nor bring in the same rolls at the justice seat of the Forest before the same justice, than their lands shallbe seized until that such officers shall bring in the rolls of the forest, as they ought to do.  that if any Forester, Verderor, or any other minister of the forest, that hath the custody of any rolls of the forest, at such time as the justice of the forest, or his deputy shall at a justice seat hold the pleas of the forest, that if any such forester, verderor, or other minister, having the custody of any such rolls of the forest, their heir, executores or assigns, or the tenants of their lands, in what shire so ever the lands be, do not bring in the rolls, presentments and inditements of the forest: That then there shall go forth a precept to the sheriff of the county where such lands do lie, commanding him: Quod expulsis uxore et liberis sesire faciat omnes terras, et tenementa que fuerunt, ipsius in Balliva sua: Ita quod de valore earundem per annum respondeat prefat' Iustic' etc. 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 rolls of the forest. or memoranda be lost, then by the assizes of the forest, the said officers or their heirs executores and tenements, may require the justice of the forest, that they may make their fine with the king for the same, and then the form of the same entry is this: Et admittuntur per finem dimi marce etc. And if it should happen, that such rolls or indictments of the forest be burnt or destroyed by the Scots, or other enemies of the Realm: 
The laws & assizes of the Forest doth not admit any excuse.  yet is not this any excuse by the assizes of the forest, although the same were indeed a very good excuse by the common laws of this realm: quia judicia forestae et assisarum eiusdem seorsum ab alijs regni judicijs secernuntur et solius regis arbitrio vel cuiusdam familiaris ad hoc specialiter deputati subijciuntur: and therefore in this case the said officer shall make his fine for the same, or else his land shallbe seized: and the like law is of the agistors, if they do fail of their rolls and accounts.  
And as concerning the form of Indictments taken in the Swanimotes, 
An Indictment in the Swanimote is not traversable.  I have written sufficieintly hereafter in the title of Swanimotes. And as touching that matter it is to be noted, that whosoever is indicted in the Swanimote, according to the due course of Law in that behalf provided, he standeth by the same indictment convicted, and shall not per assisas forestae travers any such indictment: 

The form of an indictment in the Swanimote.  
Note the words of a presentment in the Swanimot are, Presentatum est per forestarios et duodecem iuratores, et convictum per viridarios.  
And the words of a presentment 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 manner offenders shallbe indicted in the Swanimote.   for the entries of the records there are thus: presentatum est per forestarios et duodecem iura ward predict' et convictum per viridarios quod A. B tale die et Anno intravit forestam de P. cum arcubus et sagit is et ibm' versavit unam Damam ad mortem et carnes cepit et inde fecit voluntatem suam. Et testatum est per vicecom̄ quod pr●dicta A B. non est inventus, nec aliquid habet in Balliva sua per quod attachiari potest, nec prius se reddidit nec scitur quo devenitur, ideo exigatur de comitatum come quosque etc. utlagetur si non comparuerit et si comparuerit tunc vicecomes eum capiat et saluo etc. ad satisfaciendum domino regi de transgressione predicta unde per forestarios viridarios et alios ministros convictus est: by which form of presentments you may perceive that the offences in Swanimotes are presented there by the foresters, & the twelve sworn men, & the offenders thereof are convicted by the verderors: so that an indictment against an offendor in the forest, for any offence there being taken & found against him in the swanimote, the same is a conviction in law against him that is such an offendor: so that he shall not by the laws of the forest traverse any such indictment.  
But it is to be noted, that all inditements or presentments, which shallbe made by the foresters & the jury, or twelve sworn men, against any offendor for any offence done in the forest, in Vert or Venison before the Lord justice in Eyre of the forest, at his seat or sessions of the forest, are traversable per assisas forestae as it was adjudged by the whole bench at the justice seat holden at Waltham holy Cross, in the county of Essex, 
Anno. Elizabethe 24.  before the good Earl of Bedford, than Lord justice in Eyre, of all her majesties forests on this side Trent, in july Anno Regni elizabeth the xxiiii. where cercaine indictments were presented there by the foresters, and the jury against john West, William Fiswike, & others, and they were all traversed, because they were not presented at a Swanimote.  
Furthermore it is to be understand, 
A trespasser in the forest shallbe outlawed for his offence, as master Hesket in his reading of the Forest, doth affirm. fo. 19  that there is also a manner of proceeding against offenders in forests, by way of outlawry: as if any man be indicted for an offence in the forest, & the offendor do dwell in an other county out of the forest, so that he cannot be attached for the same offence by the foresters: then the same offendor may be outlawed for his trespass, and the proceeding therein against such an offendor is in the very same manner, as it is at the common law: for as at the common law, he that is outlawed for any manner of trespass, the order is, that he must at five several counties be exacted or proclaimed, and then after that he is quinque exactus, or five times proclaimed, 
Master Fleetwood in his collection of the forest laws fo. 8. Master Hesket, in his reading. fo. 16.  than the coroner for his contempt in not appearing, doth give judgement that he that is quinque exactus in that manner, shallbe out of the queens majesties peace, and so taken as an outlaw, and then such a person is fully outlawed. Even so is it per assisan forestae: for he that is to be outlawed for any offence in the forest, must after the very same manner be proclaimed as it is used at the common law, and then when such an offendor is quinque exactus, he is fully outlawry, 
An outlawed person, shall forfeit his goods & chattels, and the profits of his lands.  & by that outlawry the Queen's Majesty shall have the forfecture of his goods & chattels, & also the profits of his lands that is so outlawed, by inquisition of the sheriff & the coroners, & also all they that are indicted in the Swanimote by these words: Quod sunt comunes malefactores de venatione domini regis in foresta etc. shallbe pursued according to the foresaid precedent.  
And furthermore it is to be understand, that if the Verderors at the justice seat do make default, than they shallbe amerced for the same default, and distrained by their lands, to bring in their rolls, 

Assisa foresta de Pickring fo. 8. note that by the statute of Carta de Foresta, articulo 16 & articulo 10. it doth appear that every offender in the forest, after that he is acquit of the offence, yet he must be bound to the good behaviour of the forest ever afterwards.  
Itinere Lancast. fo. 6.   indictmentes, and other muniments that do concern the forest: and he that is indicted either for Vert or venison, and hath put himself for the same into the kings mercy, and hath paid his fine and rawnsome for it, than the same offendor per Assisas forestae, shall put in mainprize by four sewerties, that he shallbe ever after of good abearing in the kings forest.  
And it is to be noted that although by the forest laws, and also by the statuit of Anno 34. Edwardi 1. it doth appear puodque ministri qui ponendi sunt ponantur sicut hactenus fieri consuevit (exceptis viridarijs) qui per electionem et per breve nostrum deputabuntur: yet notwithstanding, if it so do chance during the justice seat of the forest, either the verderor is so sick that he cannot attend at the justice seat 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 justice of the forest, by the ministers of the same forest, & by others of the freeholders there, and this kind of election is good in law, as it doth appear in the assize of the Forest of Lancaster. fo. 6.   

Touching purprestures made in the Forest.  

In Assisa Lancastri. fo. 6. Hedges of iiii. foot high, are contrary to the assize of the Forest. Itinere Lancastri. fo. 6  THe assizes of the forest are, that no man may enclose any ground within the forest, ad nocumentum ferarum: and although a man have 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 own free land. The judgement of purpresture is thus: Ideo ipse in misericordia et clausus predictus prosternatur. A high hedge of 4. foot high is contrari assisam forestae. If he that do make purpresture, do grant over his lands where the purpresture is made, 
No man may enter the Forest in the night.  both he and the grantee shallbe amerced. If any man have 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 shallbe imprisoned, ransomed and bound to good abearing which proveth, that by the assizes of the forest: no man may in the night time enter into the king's forest, and if he do he shallbe punished. The like punishment and order shallbe taken for him that with Bows and Arrows doth enter into the king's forest, with intent to offend there, although he do no act, 

Itinere Pickering. fo. 3. b. voluntas reputabitur profacto.  
He that doth cut down 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 down within the Forest ligna virida or Ramos virides is finable per assisam Forestae. He that cutteth down underwoods, Thorns, Elder trees, boughs, lignum siccum, ficcos ramos, et huiusmodi, is a trespasser in Vert.  
If Estovers be allowed to any man for making of his hedge, and after one year he burneth up the same hedge, 
Itinete Pickering. fo. 3.  where otherwise they would have continued two years: in this case per Assisas forestae he shall not be allowed any new Estovers. And if he take more Estovers at any one time than he ought to do, the Estovers shallbe seized, and he shall make his fine therefore.  
If any man cut down bushes or thorns within the Forest, and carry the same away in his cart out of the Forest: In this case the Cart and horses shallbe seized to the King, and he shall fine to the value of the wood, etc. If he that hath Estovers in the Forest do make thereof hurdles and do sell them, he is punishable. If any cut down green hugh within the Forest, and doth convey the same upon horse, he shall forfeit the price of the Vert and his horse.  
Item, If the people of a whole township do make waist in the green Hugh of the Forest, the whole township shallbe fined, vz, de villata de C. xx. s.  
If any man do set any dry Oaks on fire within the Forest, he is punishable per Assisas Forestae.  
If any Swine be found in the Forest tempore vetito, 
Itinere Lanc. foe 7.  they shallbe forfeited to the King. The same law is of Sheep, and Goats found in the forest in Mensae vetito & Warda facta.  
If any man do suffer any Bridges or High ways to be unrepayred, than whosoever ought to repair the same, he shall make five, and shallbe distrained to amend the same per assisam forestae or else their land shallbe seized.  

The Forester must be sworn Itinere Lanc. fo. 7.  Item, that no Foresters may make any attachments upon any person within the Forest before that they be sworn as they ought to be, Quia est contra assisam forestae.  
If any subject have any wood within the Forest, if his Woodward make default at the justice seat, his wood shallbe seized into the kings hand, and so it shall remain until he have replevyed the same, and made his fine.  

Ibidem.  Item, if any Forester take any money for Bark, his lands shallbe seized for the money.  

Ibidem.  Item, if any white Tawyer do dwell in the Forest, he shallbe removed, and make fine: for they are the common dressers of the Skins of stolen Deer.  
Item, if any take Hawks, or destroy Eyries of Hawks in the King's woods, they shall make a fine for the same.  

Hue & Cry. Assisa forestae articulo. 11. Itinere Lanc. fo. 7.  Item, according to the Articles of Hue & Cry, the orders of the Assize of the Forest are: that if Hue and Cry be made by the ministers of the Forest, if it be not pursued and followed with effect: then shall the township that are faulty therein be well fined.  
Item, that at every justice seat of the Forest, the number of Deer, 
Itinere Lanc. fo. 8.  and the number of Trees that have been given away by good warrant or otherwise: and such Dear as have died, or have been killed or otherwise, and the windfalles must be presented. 

Novae 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, Rushes, Fearne, Gorse, Sedges, and such like must be presented there also.  
It appeareth in the new Assizes, precepts and ordinances of the Forest, made and set forth in Anno 11. Ed. 3. by Basset and Hungerford, that a man maybe a Forester in fee, in iure uxoris suae, and may appear by Attorney at the justice seat ad facienda omnia quae forestario incumbunt durant Itinere Praedicto.  
I find that besides all the officers and ministers of the Forest the was also one man that was Custos totius Forestae, and another Supervisor forestariorum, quod nota.  
By the Forest Law Roger Bigot Earl of Norff. did forfeit his Fostership in fee in the Forest of Pickering. Whereby it is 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 trespass in the Forest there 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 Bow & Arrows to kill the Decree is finable.    
Item, Nicholas Mevill and divers offenders were indicted for that they with Bows and Arrows and dogs had killed xliii. stags and hinds within the Forest, and in despite had cut off their heads, and set them up upon stakes: And for this heinous offence they were first committed to prison and grievously fined: and after according to the Charter of the Forest, they were bound to their good abearing. And he who is indicted for Forest causes, if he be after pardoned by the King, his pardon is allowed: but he shall put in sureties to be of good abearing to the Forest.  
Item, he that receiveth venison of such as have trespassed in the Forest, shallbe as well punished as the principal. And he that stealeth Venison in the Forest, and doth carry the same away upon his horse back, the horse shallbe 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 been taken for a very good form of Indictment, Quod A. B. est communis malefactor' Venationis ubique 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 upon this Indictement was the offender outlawed.  
Item, an Abbot that lent a bow & arrows to another man to th'intent to kill the King's Deer, was fined and ransomed. A.B. venit in parco de S. ad malefaciendum de venatione. And this was taken to be a good Indictment. A keeper was indicted for receiving a bribe to the intent to conceal an offender. If a man find a trespasser in the Forest, killing or breaking up any Dear & findeth him with the manner & doth receive a reward to keep his counsel, he shallbe imprisoned, fined and ransomed. 

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 form, & for taking of another within the Forest: the one of them was committed to prison & made fine & ransom for the same offence, & was bound to the good abearing of the forest. And the other was outlawed: whereby it is to be noted that Hares are Beasts of the forest.  

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

Itinere Pickering fo. 6. & 41 in le case de johannes Barlar & johannes Augustye.  Item, if a Forester do take an offender with the manner, he may carry him to prison.  
The Abbot of Whitby did kill a Heart within the river of Deruent which was the meats of the Forest of Pickering: The Abbot and his company were Indicted for the same, Quia seperunt unum 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 asportavit: And for this he made his fine and ransom, and was bound to good a bearing.  
It is to be noted that all the Freeholders within the Forest as well Spiritual as Temporal, must in any wise appear before the justice seat, primo die Itineris. And of every town the reeve and iiii. men also with him, which is called prepositus & quatuor homines, etc. And if they make default, they shallbe amerced, and their amercement shallbe affeared by affearers there.  

Item Pickering, fo. 6. b.  It is directly against the Assize of the Forest, that any Baker or Brewer should bake or brew in the Forest.  
Item, that the principal Foster at the justice seat shall make an account of all the Dear that hath been killed by warrant within the Forest. 
Killing of dear by warrant.  And in the same place shall judgement be given which be good warrants, and which are not. And for those that are not, 
Assisa Lanc. fo. 3. Pickering, fo. 18.7.  the Forester shallbe punished.  
Item, per Assisas Forestae, it appeareth that Tithe was paid of Venison. Likewise for trees, the chief Forester must make an account of them, by what warrant they were cut down. And for those which he cannot show good warrant, he shallbe amerced.  

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

Assarts. Assisa foresta de Pickaring, fo. 7,  And as touching Assarts per Assisam Forestae: He that is presented to have Assarted or enclosed any land within the Forest out of the King's demesnes in his own fee, or in the fee of any other man, he shall make fine for this offence. And if he will after compound with the justice, he may continue the same, paying to the King a yearly rent which must be entered of Record at the time of the arrenting thereof.  
And as concerning Agistors of the King's woods: every Agister within the Forest must bring before the justice seat a just account what money he hath received for pawnage. And the form of the entry thereof is thus, Rogerus M. respondebat de iiii. s. de pannagio porcorum de Estwood, etc.  
Item, 
Assisa forestae Pickering fo. 8.  if any man take off the Skin of any wild Beast that dieth 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 pay the price of the Skin, and be amerced for the offence.  
Item, it is finable to permit a stranger's beasts to pasture in the Forest, and the form of the entry of the Record is thus:  
Item presentant quod A.B. agistat omnia averia sua in mora de F. infra forestam ad dampnum domini Regis et ad nocumentum 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 never any before, 
Ibidem.  it is finable per As●isas forestae.  
Item, 
Ibidem.  he that without warrant of the King pulleth down his ancient house in the Forest, and setteth it up in another place without the Forest, this is finable.  
Item, 
Ibidem.  if the Foresters do disturb the cattle of any person or township to have common within the Forest, whereby they have wrong, or do take any money of them by extortion: this is finable by the justice Seat.  
And because such like matter may chance hereafter at a justice Seat, I have here put down a presidene to be followed: vz, Item present' Quod Prior Hospitalis Sancti johannis agistat averia extraneorum apud F. infra limites Forestae quod est 
Agistments.  ad nocumentum ferarum & ad damnum domini Regis. Et nesciunt quo warranto. 
A claim 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 xiii. s. iiij. d. per plegios. A. & B.  
Item, if a man do make Charecoales of browse wood within the Forest, 
Pickering, f. 10 In casu Melsa.  it is finable. And if he will make title so to do by prescription, and do not make his claim thereunto the first day of the justice seat, he shall then answer for the value of the Coals to the king.  
Item, it belongeth to the justice seat to inquire who ought to repair bridges decayed within the Forest, and to punish the offenders.  
Item, a Parson of a Church was indicted, for that his dogs were not expeditated or lawed. The Prior 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 dogs: For there was one Article therein, Quod Ecclesia Anglicana sit libera, & habeat omnes libertates suas integras & illesas, etc. And by this plea he was discharged of the Indictment, Eborum, fo. 37.  
Item, there may no man fish in any river that is aboundarie of a Forest, unless he have warrant.  
Item, they are to be indicted that overchargeth the Common within the Forest. 
Ibidem, fo. 11 The Prior of Bridlington. fo. 12.   
Item, there may no subject without warrant have a vaccary within the Forest.  
Item, a riding Foster was presented and fined for that he was negligent in his office, and did oppress divers people in taking of Oats and such like.  
Item, if any man do interrupt the Verderor or Regarder of the Forest, he shall make fine.  
Item, it is also finable to dig Turfs within the Forest.  
And likewise, to take Pheasants, Partridgess, 
Fowls of Warren.  or other Birds within the Forest.  
Item, if any man do offend in cutting down of Vert, and after dieth before presentment made thereof: yet in this case the King shallbe answered for the Trespass by his heirs or land tenants, per Assisam Forestae.   

Placita Forestae de Pickering coram Iusticiar' itinerantibus Anno viii. domini Regis Edwardi. iij.  
BErnardus de Berghe viridar' venit et reddidit rotulos suos tam de viride quam de venatione tangent' istam Forestam etc. Guillielmus Ward viridar' non venit ad Rotulos suos reddideo preceptum est vicecom̄ seisire omnes terras & tenementa eius etc. Postea venit predictus Guilliellimus et petit admitti ad finem faciendum cum domino Rege pro defalta primi diei: et admittitur ad finem dij Marcijs, 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 part et admittitur pro fine 100 s.  
Presentatum est per Forestarios et convictum per viridarios quod Nich' Meuil & alij &c. venerunt in forestam istam etc. cum arcubus sagittis et leporar' et ibi ceperunt iij. Ceruos etc.  
Item quod Guillielmus Fishborne est communis malefactor venationis domini ubique in Foresta ista et malefactoribus consentiens. etc.  
Compartum est per viridarium Rotulos istius Forestae quod Edmundus Hastings postquam transgressus est de venatione in Foresta ista dimissus fuit coram eis per manucaptor' etc. qui manu ceperunt hadendi eum hic etc. primo die itineris qui modo eum non habent etc. ideo etc.  
johannes 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 etc.  
Ministri Forestae dicunt quod consuetum est ante haec tempora praesentare quolibet tertio anno de canibus non expeditatis.  
Item, presentant quod johannes de Aslaby cepit infra dominicum quatuor quercus precij iiii. d. Et dimissus fuit per viridat' manucaptor' usque ad istam Assisam, Qui modo non venit etc. Ideo ad judicium de manucaptoribus. Et praedictus johannes respondeat domino Rege de pretio praedicto. Et pro Forisfactur' eiusdem iiii.s. etc.  
Et quod Humfridus Tober cepit xi quercos virides infra dominicum pretij cuiuslibet j.d. et carriavit illos cum uno plaustro & vi. Bobis quae appretionetur, viz, plaustrum ad uj.d. Et Boves ad xuj.s. pretij cuiuslibet ij.s. viii d. unde tenent' terrae & tenementorum Richardi de S. viridar' istius Forestae ad cuius manus pertin' praedictum devenit respondeant. Et similiter pro Forisfactura eiusdem. xj.s.  
Item presentant quod Prior de Maldon cepit ix. plaustra spinetis in A. infra dominicum pretij ix. d. Et per viridar' dimissus fuit per manucaptor' usquam ad assisam istam etc. Qui modo venit etc. et super hoc convictus oneratur erga dominum Regem de pretio praedicto. Et pro forisfactur' eiusdem ix.s.  
Item, quod Rogerus Scalby cepit unum viridem quercum etc. pretij i.d. unde tenent' viridar' respond'de pretio predicto. Et pro forisfactur' vi. d. ad quorum manus pretium & forisfactur' predict' de venerunt.  
Item present' quoth x. Stirkes qui fuerunt johannis Rouseby inventi 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 etc. ad dictos Stirkes habendos ad istam assisam, Quimodo non venit. Ideo ipse in misericordia. Et nihil omninus idem johannes oneretur de pretio praedicto.  
Ministri Forestae dicunt etc. Quod a tempore quo non extat memoriam hominum, etc. presentatum fuit per Forestarios ad attachiamenta istius forestae de canibus praedictis Abbatis de rival etc. in maner' suis praedictis non expeditatis, fo. 16.  
Ministri Forestae dicunt. etc. quod cum contigerit quod woodwardus praedict' Prioris Sancti johannis jerusalem non venet ad attachiament' Forestae prout alij Woodwardi diversorum dominorum in foresta veniant, Tunc ipse Woodwardus semper consuetus est ibidem Amerciati. Et amerciamentum inde ad opus domini Regis levare sicut & de alijs Woodwardis qui non veniunt & fuerunt amerciati.  
Ministri Forestae dicunt etc. Quod Tho. Wake & omnes a tempore quo non extat memoria hominum habuerunt etc. liberatione Boscum in communibus boscis suis pro se etc. ad quodlibet attachiamentum & hoc ad sufficientiam bosci.  
Item dicunt quod escapia, vz, Emende de forincecis averijs infra metas Forestae invent per forestarios escapium inde presentatum est & fuit a tempore quo non etc. 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. etc.  
Abbas de Whitbie clamat habere viridarios suos proprios de libertate sua de Whitby eligend'de cetero in pleno Commitatu Eborum pro ut moris est ad responsiones et presentationes faciend'de transgress. quas a modo fieri contingent de viride & venatione infra metas forestae de Whitby coram justiciarijs domini Regis Itinerant. ad placita Forestae in partibus illis et non alibi, Sicut viridarij Forestae domini Regis huiusmodi Responsiones et presentationes facere debent et consueverunt.   

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. etc. Et hoc parati sunt verificare per ministros etc. Qui quidem ministri ad hoc jurat hoc idem testantur, etc. Ideo, etc.  
Presentatum est quod johannes Lancastriae cepit tres quercos in Foresta ista. Qui venit et dicit quod eos habuit ex liberatione foresta. pro estoverijs suis etc. Et quia hoc testatum est per Rotulos viridar. esse verum. Ideo dictus johannes inde eat, etc.  
Et quia inspectis Rotulis viridar' istius forestae nihil compertum est de praetio corticum xl. Quercum praedictor. Ideo ipsi liberantur prison. Et educti finem fecerunt cum domino in hac part 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, johannes Balridge Forestarius de feodo in warda de Lousdale.  
Robertus Fowcher nunc Custos istius forestae venit, etc. Et illo amoto Wilhelmus de Clapham juratus est et efficitur Custos eiusdem forestae.   

Certain judgements and principal notes, taken out of the Records of the Forest, digested into Titles  
THe Prior of Lancaster had by Charter, every day two cart load of morte Boys to be burnt in his Priory: 
Lancaster, f. 3. & 64. Abuser.  And because he took viridem Boscum pro mortuo Bosco, contrary to his charter the benefit & profit of his estovers was seysid into the hands of the Lords of the Forest: For the which, the Prior made his fine: pro estoverijs rehabendis ad iij. li.uj.s.viij.d. et rehabuit estoveria 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 burgesses of Lanc. ibidem foe. 66. Note if a man have Estovers by grant, as appurtinaunt out of a Forest, unto a certain messsage: In this case if the same Estovers be spent in any other house, this is a good cause of seiser of the same Estovers, for this is an abuser, the which is a cause of forfeiture. Itiner' Lanc. Anno 10. E. 3. fo. 67. b. The same law is of a Common of pasture.  
No man may agist within his own lands within the regard of the forest, except he have special licence so to do. 
Agistments. Pickering, f. 16  In clameo Abbatis de Rival. Itiner' Pick. 10. E. 3. fo. 166. quere de hoc, for the words of the Statuit of Carra de forest are these: unusquisque liber homo agistit boscum suum in Foresta pro voluntate etc.  
If the justice of the forest do any thing stick at the allowing of any man's liberties claimed before them, 
Allowances.  then may the party grieved have a write of allowance, or a writ to proceed to allowance. Itiner' Pic. fo. 182. a. Where the justice of a Forest, doth stay over long in allowing of a liberty that is claimed: 
Itinere Pickering, fo. 16 Abbas de Rival, & fo. 23 Abbas de Whitbe. Ibidem. fo. 16. Abbot de Rival.  then may the party grieved, purchase the kings writ of allowance directed to the justice of the forest, commanding him to allow the same. The tenor of which writ, doth appear: Anno 10. E. 3. Itiner' Lan. fo. 9 fo. 65. In the claim of the Abbot of Furneaux. If at one justice seat, certain liberties be allowed: at another time the same allowance may be pleaded quod nota: And the record of the allowance shallbe sent down by writ unto the justices.  
It was admitted and adjudged in the claim of one Lambeson that to be quited of Pannage, intempore pannagij, 
Appurtenance.  might be appurtenaunt unto a man's free hold. An office of a woodward & the bark of timber Trees felled, was claimed to be pertaining unto a manor, & adjudged accordingly. To be quite & discharged of Pawnage: and Pawnage of Swine within a forest may be by precription appurtenaunt unto lands. And to claim that he and his ancestors a tempore quo etc. is a good title without saying that he and his ancestors, and all they whose estate he hath in certain lands etc. a tempore etc.  

Asserts. Pickering. f. 15  No man may assert or excolor, but by the kings warrant: in casu prioris sanc●i ●ohannis jerusalem in assisa Foresta de Pick. fo. 18. b.  
Note that the Prior of S. john's, did make his claim by one of his confriers, whom he made his attorney, being a dead person in law. quod nota. 
Attorney.   
The Lord of a Forest, may enter by his officers into any man's Wood, 
Brusewood. Assisa de Pickering. f. 19  the which is growing within the regard of the forest, and cut down bruise Wood, for the Dear in Winter.  
Note that it appeareth by the claim of the Abbot of Meriuall, that within the regard 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 build any new houses or barcaries, or use tillage in any new grounds, without especial licence. It appeareth by a claim made by the Abbot and Covent of Meriuall, that none may make any new buildings within the Forest, except he have good warrant from the Lords of the Forest: for the Abbot made claim by grant that he might make omnimodum comodum suum sine assertand'sine edificand'modis omnibus etc. And if he might do it without warrant, it had been in vain to have had licence, 
Assisa Lane. fo, 9 Cablicia. Common of pasture. Lanc. fo. 13. Sheep, Swine, nor Goats are allowed to have common in the Forest. Default. Itinere Lanc. fo. 5.  and also to have made his claim for the same. And that the assizes of the Forest are so, it appeareth by a presentment made in a case of the Prior of Lancaster  
Cablicia is properly Bruise Wood: Itiner' Lanc. 10 E. 3. fo. 172. a. Itiner' Pick.  
A claim made for ●●●on of pasture is good. It is to be noted that neither Sheep nor Swine are allowed to have Common 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 law is of Goats In clameo Burgens. de Preston. fo. 5.  
Nota, that if any do make a claim & do after make default, their liberty shallbe seized into the Lords hands: for default is a cause of seizure: in the case de domino de Gersingham, and others. A woman tenant for term of life of a Park, within the Forest of Lancaster made her claim for that being called Knoghsley Park, and also for a free warren, and after made default: where upon one Latham being tenant in reversion was received, & made claim both for the Park & also for the free warren: 
Ibidem.  and because he did not show forth any good matter to warrant his title: therefore was it adjudged, quod clausus predict' prosternatur et remaneat Foresta ut prius, et quod warrennia predicta capiatur in manus domini etc. 
Demurrer. Pickering, f. 21   
If it chance a demurrer in law do fall out between the king and his subjects, upon a claim before the justice of the Forest: they may adjourn the same into the king's Bench, there to be determined. Nota, the precedent is excellent.  
If a justice seat be discontinuid, 
Discontinuance & Resomons. Pickering, f. 15  by the not coming of the justice: In this case, the king by his writ, may revive the same again. It is to be noted, that in case the pleas of the forests be discontinued, by the not coming of the justices: that in that case the pleas may be revived again by the kings writ of resommons whereby all things shallbe and remain in Pristino statu. See the precedent thereof Itiner' Pic. fo. 15.  
Patet that secundum assisas Forestae expeditatio canum, 
Expeditatio canum. Pickering f. 16 Exposition by usage. Pickering, f. 17 Lancaster, f, 9  must and may be every third year.  
William the Earl of Warren, Boheme & Marton, granted by his deed, unto the Abbot of Furneaux, that he & his successors, might take within his Forest of Lancaster maremium etc. que ad usus suos sunt necessaria, et nominatim ad piscariam suam de Lanc. faciend'quicquid eis ad hoc opus fuerit. And in his claim the Abbot claimed sufficient timber both for his Manner of B. & also for his piscary, and for all other things necessary etc. And that, by that word Maremium, he had used & enjoyed the same ever since the making of the said grant without the view of the Foresters. And the usage being thus found by the jury, his title of claim was allowed. Here it is to be noted, that many times dark and obscure words are expounded by usage: as appeareth in this precedent quod nota: for this word Maremium is expounded by the mean of usage, 
Maremium.  for timber to build with all. And this word Maremium, is also in this place expounded for Mesuagium.  
To be acquit of escapes within a Forest, doth signify that where after the assizes of the forest, 
Escapium. Pickering, f. 15 Ibidem, 17. Ibidem, 19  If any man's Beasts be found within the lands forbidden, or in the fence time within the forest: then the law is, that the owner of the same beasts shallbe amercied for every foot i.d. And if the second time the beasts be found again, then to be amerced in like manner. And if the third time they be taken offending, ut supra: then shall the same beasts be forfeited unto the Lord of the forest: of all which amercementes, he that is quietus de escapio, is clearly discharded. ibidem.  

Footegeld. Pickering, fol. 17 Ibidem. Chiminage.  To be quit of foot geld, is to keep dogs within the forest unluwed, without any mercementes, fine or forfecture ibidem.  
To be quite of chiminage, is a discharge of chiminag silver paid for passage through the Forest, with carriage of any thing upon Horse back. ibidem.  

Ibidem.  Note that the Lord of a Forest, hath this prerogative over all men that dwell in his forest: that at such time as he is disposed to chase within his forest: every man must be ready to hold a Greyhound, for the taking of wild beasts in such places as they shall be appointed: 
Tristis.  or else the defaulters to be amerced. And he that hath the benefit or discharge of this word Tristis, is not bound by the assizes of the forest to give any such attendance. ibibem.  
By reason of Charter, the Prior 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 claim, and said that he ought to have the tenth of all the Venison within the forest of Lancaster, as well in carne as in corio: therefore the Prior was in misericordia de decima venationis sue in corio non percipiendo etc. 
The fence month. Fence month. Pickering, f. 20  Thus ye set that for the offence of a false claim, the punishment is to make fine, and not to seize the same.  
The fence month is always xv. days before Midsummer, & xv. days after Midsummer. Quod nota, every common month is but xxviii days, but the fence month is xxxi. 
Fine. Pickering. f 10 15. johannes de Melsa. In Clameo Abbatis de Myrivall, f. 69   
Nota that such as ought to make claim etc. by the assizes of the Forest: they ought to put in their claim the first day of the justice seat: or else, at any day after, their claim shall not be received without fine. And when the claim is once put in, if the claim be in any point faulty, if they will amend their claim they must make fine. quod nota. ibidem.  
No man may common with Goats within the forest, 
Goats. Pickering. f. 67  without especial warrant. Nota that Capriolus non est bestia venationis Forestae, quod nota.  
Nota that all the inhabitants within the Forest of Lancaster being freeholders, 
A grant made to a commonalty. Lancaster, f, 4. Pickering. f. 22  did make claim to be acquitted of all manner of Vert, and of Regard, and of divers other things: and this claim was allowed of in Eire, by reason that john th'earl of Marton, being Lord of the Forest of Lancaster, did by his Charter grant the same by these words: Sciatis me concessisse omnibus vilitibus et omnibus thengis, et omnibusliberis tenentibus qui manent in Foresta mea de honere de Lanc. qd'possunt etc. 
Pickering. f. 10 19 Hawks Gilbert de Acton, f. 148  By this precedent ye see that a grant was made unto a commonalty and good etc. There ye see that a subject is and may be Lord, & owner of a forest.  
Belsa claimed within his Woods, to have the airy of Fawcones, Marlins and Sparohaukes. And not withstanding the letter of the great Charter of the forest: 
Heath, Whenes, & Turns. Pickering. f, 19 Non user. Pickering. f. 15 17. 18 fol 166  it was inquired by the Ministers of the forests, whether he had used to have the same.  
It appeareth that no man may cut down Heth and Whenes, or dig turns within the Forest, without good warrant.  
If a liberty to make a Park be granted by the king, & is not after used: this non user shallbe inquired of. It may be gathered aswell within the claim of the Abbot of Rival, as in divers other claims, that after that a liberty is granted, if the grantee do not use the same continually: that the non user shall be inquired of: the which none user is a good cause of seiser.  
It appeareth that none may gather Nuts within the Forest without warrant, 
Nuts. Pickering, f. 19 Park.   
Nota that a licence to emparke and enclose a Park, must contain a certain quantity of ground: and it must be the 〈◊〉 soil of the grantee, or else upon inquisition had in due form of law, 
●●●●paus Dacres  the Park is to be seized etc.  
That a Subject being Lord and owner of a Forest, may give licence unto another to make & enclose a Park within the meets of the same Forest ●o have and to held the same Park enclosed with all such Venisons as the grantee shall put therein to him & to his heirs for ever. 
Assisa de Pickering. fo. 64  And this was adjudged 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 & enclosed, that the wild beasts of the forest do enter into the Park: then may the Lord of the Forest enter into the said Park at his pleasure: & there hunt at his pleasure.  
It is to be noted, that if any man have a Manor, whereunto doth belong a certain Wood, 
Extra regardun Forestae, Hares, Foxes, etc. Pickering, fol. 11  the which Wood is within the compass of the Forest or environed with the Forest, the which wood is notwithstanding without the Regard of the Forest: In this case by the assizes of the Forest, he must make his claim by these words: viz. Gilbertus de Acton clamat tenere boscum suum de Troversdale pertinent. ad manerium suum de B. extra regardum forestae viz. illum boscum qui est exparte borial'&c.  
And so on with all the limits of the same etc.  
Item the same man made claim to hunt the Hare, the Fox, the wild Cat, 
Lancaster, f 5. Abbas de Mirivall.  the Martron in B.  
Item, the same man claimed to have liberty to pluck up the Heath in B. by the roots, and to dig turfs in the More of A. and the same to sell at his pleasure, & to carry them out of the Forest.  

Pickering f, 14  Item to Agiste, and to take the agistment to his own use etc. All which claims, being found to be true by the Ministers of the Forest were allowed, by judgement by these words: Eat habeat et gaudeat saluo iure etc.  

Pickering, f. 16 Reviner post mortem. Abbas de Rival. fo. 166  An Abbot made his claim: & hanging his claim dieth. A new Abbot being made, declared this plea: and being tried to be true by the Fosters, Verderors, and Regardors: the new Abbot was permitted, but in a new claim.  
Nota in the claim of the Abbot of Rival: it is apparent, that within the Regard of the forest, no man may turn any land into tillage, without good warrant.  
Henry the second, 
Tillage. Pickering, f. 16 fo. 18.  granted unto the Abbot of York the tenth of all his Venison in York shire by his Charter. By this it appeareth, that for wild beasts there was no tithe due: for than might not the king have granted other persons tithes. 

Tithe venison.  
Pickering, f. 19 No tithing venison by the Law, but in some places by usage.  
Lancaster, fo. 3 Trial, by Verderors, Regardors, & Agistors.  
Pickering, f. 15    
The Prior of Lancaster, did claim the tithe of Venison, and the tithe of Pawnage, viz. decimam bestiam in carne et corio per manus minister' de foresta: And the tenth penny of the Pawnage, when the Pawnage of the Forest was collected. And he made his title by virtue of a grant made by the Lord of the Forest unto one of his predecessors, and his claim was allowed for good.  
In case one do claim by prescription, by tenure, or by grant, to be Foster of fee, and prayeth that it may be inquired of by the ministers of the Forest: In this case the Verderors, Regardors and Agistors shall try the title. But if a man do claim by inheritance or otherwise any profit apprendre within the Forest, as a common of Estovers, or of pasture, or such like. In this case the trial shallbe by the Fosters, Verderors, and Regardors: But not by the Agistors, prout patet etc. In case the matter of the claim do require a trial by the Country: 
Pickering in omnibus inquisitionibus.  there the conclusion of the pleader shallbe, Et hoc paratus est verificare prout Cur' etc. I deo inquiratur inde veritas per ministros eiusdem forestae. And in this case the Verderors, Regardors, and Agistors shall only try the title. But yet notwithstanding, you shall see very many precedents: that when the entry hath been, et hoc petit quod inquiratur per ministros eiusdem forestae etc. that this hath immediately ensued, 
Lancaster, fo. 3 Lancaster, f. 2. Lancaster, f. 4. In clameo johannes Acres.  viz. et quia videtur cur' hic quod expeditus est et necesse ad inqui rendum tam per ministros forestae predictae quam per alios probos et legales homines etc. And thus you may see it is in the election of the justices, whether the ministers with others may be empaneled qd'nota, to inquire if there be any precedent, that the Country hath tried any title of claim without the Ministers of the Forest etc.  
Woodwardes' may not walk with Bow and Shafts: 
woodward's. Pickering, f. ●●  but with Forest bills, quod nota.    

The Courts of the Forest.  
FIrst, it is to be understood, that there be three principal and chief Courts usually kept for matters of the Forest, that is to say: the Court of Attachementes: the Court of Swanimote: and the high Court of the Lord justice in Eyre of the Forest, commonly called the justice seat. And these three several Courts are of three several natures as at large hereafter it shall appear: wherefore to the intent that the said Courts may the better be known every one in his own proper nature, I have here set them down, & placed each one of them in his own place and degree as they are, together with their several authorities and proceedings, as you may see 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 receive the Attachments of the Foresters, and enroll them in the rolls of the verderors, to have them in a readiness against the time of the keeping of the Court of Swanimote. And for that the said Court of Attachmentes cannot determine any offence or trespasses of the Forest, 
The Court of Attachmentes first.  If the value of the same trespass be above the value of iiii. pence: but that the same offence & trespass, if the vave be more than four pence must be by the said Verderors enrolled in their roll, & so to be sent from thence to the Swanimote to have an orderly trial of the same there according to the Laws of the Forest: Therefore I have placed the same Court first of all, because that the greatest part of all the presentments do first begin there: & also because that when offences and trespasses of the Forest are presented by the Foresters in the said Court of Attachmentes before the verderors of the Forest, and that they have entered them in the rolls and records of the Forest, than the same Court cannot there proceed any further therein, neither is that proceeding by them as yet any conviction against the offender in those offences: but that he that is such a trespasser may yet traverse the same presentment that is against him, until that the same have passed the Swanimote Court of the Forest: so that such trespasses as are presented at the Court of Attachmentes, must of necessity proceed from thence to the Court of Swanimote before that the offenders and trespassers may be punished or stand convicted as guilty in law of their offences. 
The Court of Swanimote next unto it.  Therefore I have placed the Court of Swanimote next unto the said Court of Attachmentes, as a Court that is higher than the Court of Attachmentes, and yet more lower or inferior than the high Court of the seat of the Lord justice in Eyre of the Forest. For when the presentments of the Courts of Attachmentes, as afore said, and also all other presentments of the Swanimote Court, have had their proceedings in the same Court, according to the assizes & ordinances of the forest; & that all the trespasses of the forest are there presentat' per Forestarios et duodecem juratores et conuict' per viridarios, as they must be of necessity by the law: yet cannot the same Court of Swanimote then determine the same trespasses or assess any fine for any such offence, or give judgement thereof (any other, then that the said offenders are convicted thereof, as is aforesaid.) But the same presentments, Indictmentes, and convictions, must be delivered to the Lord chief justice in Eyre of the Forest at the justice seat the first day of the same seat, 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 assizes & customs 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 form of Carta de Foresta articulo 16. In these words, Et ea presentet viridarijs provinciarum, et cum irrotulata fuerint, et sub siggillis viridarior' inclusa presententur capitalibus Iusticiar' nostris de Foresta cum in parts illas venerint ad tenend'placita de Foresta, et coram eis terminentur: so that it doth appertain only unto the Lord chief justice in Eyre of the Forest at the high Court of justice seat or general Sessions of the Forest to give judgement of all offences, and to assess the fines, and to punish the offenders. And because that all the proceedings of the two other Courts are as nothing before that they do come to the justice seat of the Forest to receive their judgement. 

The seat of the Lord justice in oyer of the Forest, is the highest Court.  
The Courts of attachments and Swanimote, are but hands to the same.   Therefore I have placed that Court last of all, as the principal head, and the most highest Court of the Forest: unto the which Court, the Courts of Attachmentes and Swanimotes, are but as it were two hands to deliver matters unto it, to receive judgement thereof from thence.  

The Court of attachments of the Forest.  
IT seemeth that in times past, before the making of the great Charter of the Forest, the Courts of Swanimotes were holden and kept more oftener than they be now, And also oftener than three times in the year, at the will and pleasure of the chief officers of the Forest, 
Carta de Foresta, cap. 8.  and not at any certain time known. And therefore 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 than thrice in the year: And that Statuit doth there set down farther, what officers shallbe compelled of necessity to be there at every one of the said Swanimotes: and also at what days and times of the year the same shallbe kept, 
In what place the Swanimot shallbe kept.  and in what place, viz. predicta autem Swanimota non teneantur nisi in com' in quibus teneri consueverunt: And then last of all, after that the same statuit hath so prohibited, that the said Court of Swanimot shall not after that time be kept any oftener than three times in the year, as is afore said: and hath there set down the days when they shallbe kept: It doth also there set down the time of the year when the Court of Attachments shallbe kept, and the officers that shallbe there, and what every officer shall do there in the execution of his office, as it doth appear by the same Statute, the words being as followeth: Preterea singulis quadraginta diebus per totum Annum conveniant Forestarij, 
Carta de Foresta, cap. 8.  et viridarij. In these words afore said it is plainly set down there, when the Court of Attachmentes shallbe holden, and how often: that is to say, every forty days, throughout the whole year the same Court of Attachmentes shallbe kept, and there must not be any longer distance or time then forty days, from the keeping of one Court of attachmentes, unto the keeping of another Court of Attachmentes: For if there be, than the same Court is not kept nor holden, according to the same Statuit every forty days throughout the whole year. 
Why the court of attachments is called the xl. day court.  And because the same Court is kept every forty days, it is called, the forty day court: neither is the same court to be kept in any shorter time than every forty days: for if it be, the same is not then kept according to the direction & authority given by the same Statuit for the keeping of the same. The words 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 principal things to be noted, that is to say, the first is the office and duty of the Verderors, and what they ought to do at this Court of Attachmentes: which is, ad videndum Attachiamenta de Foresta: that is to say, to see the Attachmentes of the Forest: so that the office of the Verderors at this Court of Attachmentes is here as it were even pointed out with the finger what they are there to do: which is, to sit there to see the Attachmentes of the Forest, and to receive the same attachmentes of the Foresters and Woodwardes that do present them there, and then to enter those Attachmentes in the rolls of the Verderors. And it seemeth that because this Court is most chiefly a Court for the Foresters, to bring in their Attachmentes of the Forest, and for the Verderors to receive the same Attachmentes, 
Why this Court is called the court of attachments.  therefore the same Court is called the Court of Attachment, receiving his name of the effect of the thing which is (as is said before) ad videndum attachiamenta, to see the attachments of the Forest. Then the second thing that is here in this word aforesaid to be noted is, of what matters they are to see attachments of, and to receive attachments of, which lest that happily they should herein exceed their authority, the said Statute doth plainly set down, of what matters those attachments ought to be which they shall so see & receive at the said Court of attachments in the words 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 authority to deal with all, the same must concern the hurt or injury that is done, 
Of what things the Court of attachments hath authority to deal in.  or that is to be done to the Vert or Venison of the Forest, or else this Court is not to meddle with the same, for their authority is but tam de viridi quam de venatione: So that you may see by this Statuit that every forty days through out the whole year it is appointed that the Foresters & Verderors shall assemble themselves together, to see the attachmentes of the Forest, as well of Vert as of Venison: wherein is showed how often this Court shallbe kept and holden: The office of a Verderor at the same Court: and for what things the attachmentes there ought to be made. Now the words of the Statuit there are further as followeth: per presentationem ipsorum Forestariorum, et coram ipsis attachiatis: In these words here is set down the office of the Foresters or keepers, and wherefore they ought to come to this Court of attachmentes, which is to present offenders, & offences, or trespasses there, & to bring in the attachments there that they have made of offenders, which they have 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 attachments there, and to receive them, per presentationem ipsorum forestariorum. And the office of the foresters or keepers at this Court is to present the attachmentes of the Forest before the Verderors, so that the difference between the office of a Verderor, and the office of a Forester at this Court of attachmentes is this: that a verderer's office is, ad videndum attachiamenta de Foresta: and a Foresters office is ad presentandum attachiamenta de Foresta: and these words, et coram ipsis attachiatis, must be understood in this manner, as if the words had been: Et coram ipsis viridarijs attachiatis presentatis: that is to say, presented before the Verderors as things attached, or persons that are attached for some trespasses done in the Forest in Verte or Venison. And it doth seem that before the making of this grant of the liberties of the Forest, the Court of Swanimote, and also the said Court of attachmentes than called the Woodmote Court, were holden very often, and yet not at any certain time neither, but at the will and pleasure of the chief officers of the Forest, which was a great trouble and vexation to the inhabitants in Forestes. For the avoiding of which mischiefs, this branch of this Statuit or grant was made. First to set down how often in every year the Swanimote shallbe kept. Secondly at what days & times in the year the same shallbe kept. And thirdly that the court of attachmentes shallbe kept every forty days throughout the whole year. And because that offences & trespasses in Forests did daily increase and grow to be more & more: and for that the said Court of Swanimote is by this statute restrained to be kept any oftener than thrice in the year: therefore this statute hath specially provided that the Court of attachmentes shallbe holden and kept every forty days throughout the whole year: and that is a very precise limited authority, appointed by this Charter for the keeping and holding of the same Court of attachmentes: 
He that hath an authority to do a thing, must follow his authority in doing of the same.  so that the same may not be kept or holden in any other manner then by this limited authority is appointed. And it is held for good law at this day, that if the court of attachments for the Forests be holden or kept in any other order then every xl. days, that is to say, in longer or shorter time than every xl. days, that then the keeping of the same Court is void and without authority so to do: for that the same is not kept according to the limited time appointed by this Statuit. And yet I do not think that all the proceedings in the same Court so holden are therefore void in Law by that not holding of the Court according to the time appointed: for if such a Court of attachments be holden sooner than every forty days, which is contrary to the limited time appointed by the Statute, and at that Court so holden, there be divers presentments and attachments presented against offenders in the Forest, & afterwards those presentments do proceed to the Swanimote: and at the Swanimote Court the same trespasser or offendor doth there take exceptions to the same presentment presented against him, for that the same was presented at a Court of attachments that was not holden as the same aught to be by the limited authority given by the said statute: yet that Exception shall not avoid the same attachment or presentment, for as much as the Court of attachmentes did not proceed in the same judicially, but only to receive the same presentment or attachment, to enrol the same in their roll, and to deliver it to the next Court of Swanimote: and such a receiving of a presentment, or attachment at such a Court so holden, cannot by any reason make the same void, for as much as the same presentment or attachment had been still good in Law if the same had not at all been presented until the next Court of Swanimote and then presented there, and not before. But if a Court of attachmentes be holden contrary to this Statuit: and a forester having attached an offendor in the Forest, to appear at such a Court of attachment before the Verderors, by an Ox, or a Horse, and the man so attached doth not there appear at that Court, 
Vide Master Hesket, in his reading of the Forest. fo. 13.  wherefore the same court of attachmentes doth give judgement that his beast is forfeited by his default, in not appearing: & that the same beast shall be sold & the price thereof to be levied to the use of the king, This proceeding now in this case is void in law: for in this case the said Court of attachmentes doth proceed herein judicially: 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 day or two more than forty days 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 certain cases of necessity, which cannot otherwise be avoided: as if the just fortieth day next ensuing the former Court day, do fall to be upon a Sunday, or upon Christmas day: then the same Court day that so doth fall upon a Sunday or upon Christmas day, may be deferred a day longer, but that is because of the necessity that cannot be avoided 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 upon any such day as Sunday or Christmas day which are provided for the service of God only: for such days are not accounted any days in Law to hold any Courts in: and so necessity here hath no Law in this case. And this Court of attachments doth differ from all other Courts, in that the same is to be kept every forty days throughout the whole year by the Verderors etc. and therefore this Court is called of some men, the verderer's Courts, 
The verderer's Court.  because that the Verderors do keep the same Court: and yet at this Court of attachments, all the Foresters of the Forest ought to appear there also, by this Charter. 
Master Hesket fo. 44.  And as Master Hesket affirmeth in his learned reading of the Laws of the Forest, fo. 44. all other officers and ministers of the Forest ought to appear at this Court of attachmentes, although that the letter of this Statute doth not specify so far by special words: for the Statute doth speak but of Foresters and not of any other officers. And at this Court every Forester must by his oath present all offenders in Vert and Venison within their several walks and charge: and also all attachments that they have 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, 
Consuetudines Forestae Articulo 12.  for the words 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 perceive by this Statute, that a Woodward may monstrare, but not attachiare, that is to say, he may present offenders, but not attach offenders. The usual form of a presentment in the fourtidaye Court 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 come Essex tenent' apud Chigwell in eodem come nono die julij Anno regni domine nostre Elizabethe dei gratia Angliae, 
The title of the Court of Attachementes.  Franciae et Hibernae Regina fidei defensor etc. vicesimo primo.  
johanes Matthowes forestarius iuratus de warda de Woodford infra Forestam istam presentat quod johannes West de Chinkford in Com' Essex yeoman nono die julij Anno Regni dominae nostrae Elizabethae dei gratia Angliae, Franciae et Hiberniae Reginae fidei defensor' etc. vicesimo primo intravit Forestam istam cum arcubus et sagitt' et ibidem in quodam loco vocat ' Woodford Meade infra forestam predictam versavit unam damam ad mortem et carnes cepit et fecit inde voluntatem suam: 
The form of a presentment in the fourtidaie Court.  and it is to be noted, that every presentment that shallbe made against any such offendor, for any offence done in the Forest, in Vert or Venison, must be certain concerning the same offence, & that in these five things hereafter following.  

1 The person of the offender  First, the same must be certain concerning the person of the offender, as to show 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 certain concerning the place where the offence was done, as to show in the presentment that the offence was done in such a place, which is within the Forest: so that thereby it may appear whether the same offence were done within the Forest or not: 
5 Concerning the thing in the which the offence was done.  for thereby it may be discerned whether the same offence be any offence or no offence.  
Thirdly, the same presentment must be certain concerning the thing itself, in which the offence was committed or done, as to say, that the offendor killed a Buck or a Do, or as the cause in truth was.  

4 Concerning the Instruments.  Fourthly, the same must be certain concerning the instruments, with the which the offence was done: and that ought to be showed certainly: for the instruments 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 bow, and there do kill a Dear, the Crossbow is forfected to the king, and so is the long Bow likewise.  
The fiift is, that the same presentment must be certain concerning the manner of the doing of the same offence, 
5 concerning the manner of the act.  for the manner and form 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 Forest having a Greyhound fast in a slip by his side & the Greyhound passing this thorough the Forest doth espy the Dear, 
Voluntary offence, negligent offence.  and with the force and strength of the Greyhound, he doth slip the collar, and so against the will of the owner the same Greyhound doth kill a wild beast of the Forest: this is but a necgligent offence in the owner of the Greyhound, in which case the manner of the same offe●e must be crtainly showed.   

And as concerning Attachementes of the Forest: it is to be noted that there be three manner of Attachementes of the Forest, that is to say.  
To attach 

1 By goods & cattles.  
2 By body, Pledges, & Mainprize.  
3 By the body only without pledges or Mainprize    
THe first manner of attachment is, 
The first manner of attachment.  to Attach a man by his goods and Cattles: and that is to Attach a man in the same manner as the Sheriff doth make an Attachment at the common Law by the goods of any person in an Action of debt or trespass in the County Court, to cause the party attached to appear there and to answer the said Action. Even so it is if an offender within the Forest have committed any offence in any manner of neither Verte, and afterwards when the Forester hath knowledge thereof, than the Forester may attach his Cow or his horse or any other beast or goods that he hath within the Forest, and then after such attachment made, to declare unto the owner of the same goods or Cattles, the cause why he is so Attached, and to will him to appear at the next Court of attachementes, and to find Pledges there to answer the same offence, and then such a Forester in the mean time, to keep such goods or cattle or chattles so attached in his own Custody, until 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 attachment before the Verderors, and there to present aswell the offence for the which he was so attached, as also the attachment itself, to th'end that the Verderors may view the same: and then if the same offender do not make his appearance at the said next Court, according as he was attached to be, to answer his said offence, but there doth make default, then by his default for not appearing, his goods that were so attached are forfected to the queens Majesty: & then by the order of the same Court, the same attachment shallbe sold & the value thereof shall be answered to the Queen: and the same offender shall be attached again by other goods, and the like shall be still done against him until such an offender do appear at the said Court of attachementes, and there do put in sureties or pledges to answer the said offence at the next justice seat of the Forest. But if such an offender do appear at the said Court of attachementes, and do there find pledges to answer the offence aforesaid at the next justice seat of the Forest: then he is to have his goods that were attached delivered unto him again. But it seemeth by the ancient Presidents of Forest Laws, that in every presentment of offences done in the Forest in Vert that is presented before the Verderors, 
In a presentment of Vert the value of the Vert must be set down.  the value of the Vert must be set down in the same presentment and delivered to the Verderors upon the oath of the Forester, and if by the presentment of the Forester upon his oath, it doth appear that the value of the same Vert is under the sum of four pence, so that the same offence doth seem to be so small an offence that it is not worthy to be heard before the Lord justice in Eyer of the Forest: then the Verderors may determine the same offence before them in the said Court of attachementes and assess the fine, and also cause the same to be levied to the use of the queens Majesty, and all this to be entered in their roll accordingly. And the like manner of attachementes by goods and Cattles may be made and used for all manner of small offences in the Forest, and for any manner of trespass in Vert or Venison, where the offender is not taken with the manner doing of the same trespass, (saving only in certain cases which shallbe showed hereafter:) for that by that means the forester may compel the offender in the end to come before the Verderors to appear at the said Court of attachments, and there to find Sureties or Pledges to answer the same trespass or offence according to the Law in that behalf at the next justice seat of the Forest before the Lord justice in Eyer of the Forest. And thus much concerning the first attachment by goods and chattels.  
The second manner of attachment, is, 
The second manner of attachment.  to attach a man by his body, by pledges, and by mainprize: and this manner of attachment may be made and used in every case where the Forester doth find 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 demesne woods, making of Asserts or Purpresture there:) then the Forester may attach him by his body, and then cause him to find two Pledges to answer the same offence at the next Court of attachments. And then upon his appearance at the said next Court of attachments there to be mainprized until the coming of the Lord justice in Eyre of the Forest. 
Consuetudines et Assisa Forestae Articulo. 1.   
And this manner of attachment is warranted by Consuetudines & assisa Forestae, Articulo. 1. in these words, Si quis Forestarius invenerit aliquem attachiabilem pro viridi in Foresta nostra primo debet ipsum attachiare per duos plegios, etc. And if the same offender be taken with the manner offending in the Forest the srcond time, than the Forester shall attach him by the body, and cause him to find four pledges to appear at the next Court of attachments, and then there to be mainprized until the general Sessions of the Lord justice in Eyer of the Forest to answer the said offence: For in the said Statute of Assisa & Consuetudines Forestae, the words are these, Si idem inveniatur alias debet ipsum attachiare per quatuor Plegios. And if afterwards the same offender be found offending again in the Forest the third time, than 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 mainprized 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 be attached by the body and Pledges, there of necessity 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 body and Pledges (except he do take the same offender with the manner:) For this Statute of Assisa & Consuetudines Forestae aforesaid, was made in Anno. 6. Edwardi primi, And now long since the making of that statute of Anno. 6. Edwardi primi, this Law and Statute is altered in some part, 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 down there the very manner and form how every offender in the Forest, either in Vert or Venison shallbe Indicted for the same offence, & also before whom the same shallbe 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 manner that the same Statute there doth set down and declare, that then the same Indictment and proceeding shallbe void and of none effect. 
1. E. cap. 8. 7. R. 2. cap. 4, no man shallbe taken nor Imprisoned for Vert nor Venison, unless he be taken with the manner.  And it is by the same Statute likewise enacted also, that from thence forth no man shallbe taken nor imprisoned for Vert nor Venison, unless he be taken with the manner, or else, indected after the form before specified in the same statute, so that now by this Statute of 1. E. 3 cap. 8. & also by the Statute of 7. R. 2. cap. 4. if the forester or other minister of the forest, do not find the offender doing of the trespass, or do take such an offender in the forest with the manner, than the same Forester or other minister of the forest is forbidden by these two latter Statutes to take the body of any offendor, or to imprison him, to find Sewerties, in this case, because the same person was not taken with the manner. But yet, if any person have done an offence in the Forest, & the same offence is not presently known, so that the offender is not taken with the manner doing of the same offence, and therefore by the law the Forester cannot attach his body for the same: yet in that case, the forester may now attach him by his goods as is aforesaid, and so cause him to find pledges to answer the said offence, or else to forefect his goods or chattles that shallbe attached for the same, from time to time, until he doth appear and find pledges as is aforesaid: but surely no offender in the Forest, either in Vert or Venison, may be attached by his body, or imprisoned for Vert or Venison, unless he be taken with the manner, or else indicted in the form before specified in the said Statute: 
A. 6. E. 1.  for these two later Statutes were made directly in the negative of the Law 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 point, that is to say, that in all cases where the Forester is to attach an offender by the body, there the same must be understood, 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 sureties or pledges causa qua supra. Note the statute well, for the words are these: No man shall be taken, nor imprisoned, for Vert nor Venison etc. and by this word, taken, is to be understood, that he shall not be arrested by his body for Vert nor Venison, unless he be taken with the manner. But now how this word (with the manner) shallbe understood, I leave you to the sense and construction of the Statute itself. And see the Statute here before, and the notes in the margin, concerning the same. And this much concerning the second manner of attachement, that is to be made by the body, by pledges, and by mainprize.  
THe third manner of attachment for offences of the Forest, is to attach an offender by the body only without any pledges or mainprize: 
The third manner of attachments by the body only.  and this manner of attachment is warranted by the Statute of Assisa et Consuetudines Forestae, & afterwards the same manner of attachment is in some part confirmed and allowed of by the foresaid Statute of Anno 1. E. 3. cap. 8. And this manner of attachementes by the assizes 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 see here before amongst the Statutes, is there expressed and declared to be for offenders in the Forest, that are, in six degrees, as it shall plainly appear.  

1. degree, assisa Foresta Articulo 1.  THe first degree of those offenders in the forest that are to be attached by the body only without any sureties or mainprize, is specified & declared in Assisa et Consuetudines Forestae Artic. 1. in these words: Postea post tertium Attachiamentum corpus debet Attachiarae et retinere ut memoriam habeatur quid sit virid': so that if an offender have been taken with the manner offending in Vert in the Forest, 
Verte.  and have been delivered by two pledges for that offence: and likewise for the second time offending, by four pledges: and afterwards for offending again, the third time have been delivered by 8. pledges, according to the said article: then if he he taken with the manner doing of a trespass in the forest in Vert the fourth time, his body shallbe detained in Prison according to the said assizes of the forest: Scilt', postea post tertium Attachiament' corpus debet attachiare et retinere etc. And then he that is so attached by the body & imprisoned, he shall not be delivered out of Prison, 
Who may bail an offender Imprisoned in this case.  or be bailed without the kings especial warrant for that purpose, or that he be bailed or delivered out of Prison by the Lord chief justice in Eyre of the Forest, or by the chief warden of the Forest: for otherwise he that is so imprisoned, as is aforesaid, no officer of the forest, may deliver him out, or to mainprize.  

2. Degree, assisa Forestae Articulo 4.  THe second degree of such offenders as are to be attached by the body only is specified in the said assizes and customs of the forest Art ' 4. in these words: Si quis inventus 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 demesne woods of the king, his body shallbe forth with taken, and after that he is so attached by the body, he shall be detained in Prison for the same offence, and then he shall not be delivered out of Prison or bailed without the kings especial warrant, 
Who may bail an offender in this case.  or by the Lord chief justice in Eyre of the forest, or by the chief Warden of the forest: for in this case no other person can deliver him by bail or otherwise.  

3. Degree.  THe third degree of such offenders, is also declared in the said assizes of the forest in the fourth article, in these words: Si autem extra dominicum infra rewardum debet poni per sex plegios, et si alias inveniatur 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 demesne Woods, For the first offence be is to be delivered by six pledges. And if he be found offending so again the second time, 
Who shall bail an offender in this case  than he shall double his pledges. But if he be found so offending again the third time: then he shall be attached by his body, and shallbe detained in prison, and shall not be delivered or bailed out of prison, but as is beforesaid, and not otherwise.  
THe fourth degree 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 words: Si quis attachiabilis fuerit contra vadios et plegios debet distringi per cattalla sua infra metas Forestae inventa, si autem defecerint, corpus eius detineatur, quosque fecerit quod debuerit: In this case, 
Vert.  if any person that hath been an offender in the Forest in Vert, and being therefore bound to the good behaviour of the Forest, and afterwards the said offender committing the like offence in the forest again, and being taken with the manner, and having no cattle in the Forest that may be attached by for the same offence: then his body is to be attached and to be detained in prison until that he have done that which by the Law he ought to do. 
Who may bail an offender in this case.  And such an offender is called contra vad'et plegios, because he doth now offend contrary to his pledges & sureties: & such an offender shall not be delivered out of prison by means or by any other person than is aforesaid.  
THe fift degree of offenders in this case, is for Vevison, 
5. Degree, Assisa Forestae Artic. 10. & 11  which is declared in Assisa et Consuetudines Forestae Articulo 10. in these words: Si quis ceperit feram sine Warranto in Foresta corpus suum arestetur, ubicunque inveniatur infra metas Forestae, et quando captus fuerit non deliberetur sine speciali precepto domini Regis, vel capitali Iusticiar' Forestarum suarum: and again in the same assizes in the 11. 
Venison.  Article in these words: Si quis viderit aliquos malefactores infra metas Forestae aliquam feram capere vel asportare debet illos capere secundum posse suum, et si non possit debet levare hutesium & Cry etc. 
Note the word is, ●●●a, a wild beast.  In which cases, if any offender be taken with the manner killing of a Dear in the Forest, or carrying 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 until such time as he be delivered out of Prison by the king's especial commandment, 
Who may bail an offender in this case.  or the commandment of the Lord chief justice in Eyre of the Forest, or by the chief Warden of the Forest: for no other person may deliver him or let him to mainprize.  

6. Degree, Anno. 1. E. 3. cap. 8.  THe 6. degree of such affenders in the Forest, as are to be attached by the body only without pledges or mainprize, is set down and declared in the Statute of Anno 1. E. 3, cap. 8. and this is either in Vert or Venison, in these words. It is agreed and ordained, that from henceforth, no man shallbe taken, nor Imprisoned for Vert nor Venison, unless he be taken with the manner, or else indicted after the form specified and declared in the same Statute: So that it doth appear 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 form and manner mentioned and declared in the said Statute, and before such officers as is there appointed: that then if such an offender be attached by the Forester, or by the Shirif, by his body: (as he by the Law ought to be:) having a warrant for that purpose from the Lord chief justice in Eyre of the Forest to attach such an offender, or from the chief Warden of the Forest, or his lieutenant: then his body is to be retained still in prison, and then he shall not be mainprized, nor let to bail by any person, unless it be by the special commandment of the king, or by the Lord chief justice in Eyre of the Forest, or by the chief 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 body is attached by the Sheriff, by Capias utlagatum. And this you do see that there be six degrees of offenders that are to be attached by the body only without pledges or mainprize. And note this for a special learning, that in every case where the offender is to be attached by the body only without Pledges or mainprize, 
Where the offender is to be attached by the body only without Pledges or Mainprize: there the Verderors nor Foresters, may not bail the offender. 1. E. 3. cap. 8.  as in the foresaid six degrees, 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, unless the same be by the King's special commandment, or by the Lord chief justice in Eyre of the Forest, or by the chief Warden of the Forest: See the words of the said Statute and note them well, for they are as followeth, vz, No man shallbe taken nor imprisoned for Vert nor Venison, unless he be taken with the manner, or else indicted after the form before specified: and then the chief Warden of the Forest shall let him to mainprize till the Eyre of the Forest, without any thing taking for his deliverance. And if the chief Warden will not so do, he shall have a writ out of the Chancery, which hath been in old time ordained for such persons indicted to be at mainprize till the Eyre. And if such a chief Warden after that he hath received the writ, do not incontently deliver such persons indicted to mainprize without taking any thing: then the plaintiff shall have a writ out of the Chancery to the Shirif to attach the said Warden to be before the king, at a certain day, to answer wherefore he hath not replevied him that is so taken: and the Sheriff, the Verderors being called to him, shall deliver him that is so taken, by good mainprize in the presence of the Verderors, and shall deliver the names of the mainpernors to the same Verderors to answer in the Eyre of the justices. And if the chief Warden be thereof attainted, the plaintiff shall recover his triple damages, and the said Warden to be committed to prison, and ransomed at the kings will. And from henceforth it shallbe written to them, as to the chief Wardens of the Forest, Because they may not be justices, nor have any record: but here in this case, the Sheriff doth let him to mainprize by the king's commandment, that is to say, by the kings writ: for otherwise the Sheriff might not so do. And the Verderors in this case are but assistants to the Sheriff, for they do not join in authority with the Sheriff, in letting of him to mainprize, for they have no such commission ron authority, for the writ is directed to the Sheriff only, and not to the Sheriff and Verderors, but it is contained in the same writ, that the Sheriff shall let him to mainprize in presentia viridariorum, because that the Verderors being judges of record, the names of the mainpernors be delivered unto them. And this much concerning attachments, and the repleving of persons that are attached.  

How men that are bailable shallbe baied, and by whom.  Now it is to be seen, how this band by Pledges shallbe taken, and by whom. 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 chattels, which is the first manner of attachments, or else to be attached by his body, by Pledges and mainprize which is the second manner of attachment: The most meetest Officers to take bond of such offenders in the cases aforesaid, in the which they are by the Law to be bailed, are the Verderors, and that for two causes. The first is, that for as much as the said Verderors are judges of Record, and have the keeping of the rolls for matters of the Forest until the coming of the Lord justice in Eyre of the Forest: therefore if the Foresters do take any offender with the manner offending in Vert in the Forest, they are to attach him by the body, and to bring him before the Verderors: and then they may take a recognisance of the offender and his Pledges to answer the same offence in the Eyre of the justice of the Forest, because they are judges of Record, and therefore they may take a recognisance in this case, and so may not the Foresters do, for they are no judges of Record, but accusers of offenders, & presenters of offences done by others in the Forest before the said Verderors. The second cause is for that, that the said Verderors are men, that of necessity must be learned and well practised in the knowledge of the Laws of the Forest, and such offenders must be bailed and Mainprised according to the quality & degree of their offence, in some cases by two Pledges: and in other some cases by four, six, or eight Pledges: And in some other cases, the offender is not to be bailed at all by the said Verderors or Foresters, as it hath been already showed before: nor yet by any other person, but only by the Lord chief justice in Eyre of the Forest, or by the chief Warden of the Forest. And then if the Foresters or other Officers of the Forest that are ignorant of the Laws of the Forest, should take upon them to bail such offenders, no doubt but great inconveniences would ensue thereby, aswell unto the King as also to the offenders themselves: And therefore such offenders are most meetest to be bailed by the foresaid Verderors, to the end that the said Verderors may bail them according to the very Laws of the Forest. And for that cause the Law hath provided and appointed a Steward that must be learned in those Laws to join with them and to direct them in their proceeding, according to the same Law. And when such offenders are Bailed before the said Verderors, than the same Verderors are to keep the same Recongnizance for the King's use, until the coming of the Lord justice 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 entered in the Rolls of the Verderors accordingly. Whereas, if the Foresters when they have arrested such an offender might Bail such offenders themselves at their own will & pleasures without the Verderors, there might be great partiality used therein: and many grievous trespasses concealed from the King, and never any presentment made thereof before the Verderors at the Court of attachments, or at the Swanimoce Court. 
Obligations taken to the Queen's use shallbe of the same nature as a Statute or Recognizance  And also the Verderors may take an Obligation of the offender and Pledges with him as the Law doth appoint in that case: Which Obligation being made unto the Queen's majesties use, shallbe as forcible in Law, 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 understood, that the Court of Swanimote is a Court of the Forest which should be holden three times in the year, as is aforesaid, for to inquire of Vert and Venison & other trespasses that are done within the Forest. 
An. 1. E. 3. cap. 8.  And there all the trespasses shallbe inquired of and presented. And that is proved by the Statute made in the first year of King Edward the third, Cap. 8: Where he doth say, Because many people be often times disinherited, hindered and undone by the chief Warden of the Forest, 
The officers that shallbe at the Swanimot  and by other ministers, contrary to the form of the great Charter of the Forest, and contrary to the declaration that King Edward, son to King Henry, in this manner and form that followeth: 
All other persons ought to appear at the Swanimote.  That is to say: We will and grant, for us & our heirs, that of Trespasses done and made in our forests for Vert and Venison, that the Foresters in whose Bayliwike such trespasses shallbe done, present the same at the next Swanimote Court before the Foresters, Verderors, Regarders, Agistors, & other ministers of the same Forest: and that upon such presentments before them, by the oaths aswell of the Knights, as of otherwise and lawful men, and not suspected of the parties, and most near where such offences or trespasses shall be done, and where the truth may be best known: And such presentments so inquired of, shallbe presented by the common accord and assent of the ministers aforesaid, solemnly engrossed and sealed with their seals. And if any Indictment be made in any other manner, it shallbe holden from henceforth for nought, etc. So that it is provided by the said Statute, that all the Officers and other sufers aught at this day to come to the Swanimote: That is to say, the free tenants of the Forest ought to come thither for to make an inquest of inquiry before the Steward of the same Court. There is also a Statute made in the seventh year of King Richard the second, which sayeth, that at the grievous complaint 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 manner of jury be from henceforth compelled by any minister of the Forest, nor other person whatsoever, to travel from place to place, out of the place where the charge was given them against their will, neither by malice, threatening, nor otherwise: by which words it is to be noted, there must be freeholders at the Swanimote, to be of the inquest or juries, according as is aforesaid: and so all other officers in like manner.  
And furthermore it is to be understood, that what soever is established by man, it is of no continuance, unless the same be put in ure with daily supply. What soever is ordained by wisemen for a law, the same by order is to be put in due execution: I mean this as touching the Laws of the Forest: For as our forefathers made laws, so they did ordain a Court commonly called a Swanimote, intending thereby to punish such as committed any offence against the Forest Laws, so that thereby the Law which was made might have continuance.  
And it is to be understood, 
What the word swanimote doth signify.  that a Swanimot is porperly a Court of freeholders within the Forest, for this word Mote in Normandy speech, is called properly a Court, as Halimote are the Courts Baron, Folkomote are the Courts holden in London, where in all the Folk and people of the City did complain upon the Mayor & the Aldermen, for mysgovernement within the City: & Portmote is ever in a Haven town, 
Here you may see, that from the signification of the word Swanimote, it is a court of freeholders.  for it is the Court of the port or Haven. And this word Swain, 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 Court within the Forest, whereunto all the freeholders do owe suit & service, & therefore called a Swanimote. The chief judges in this Court are the Verderors, & the pleas that are here in this Court are called placita Forestae, the pleas of the forest. Also the chief Warden of the forest doth sometime use to sit at this Cour●e, 
Hesket in his reading, fo. 34.  or his Lieutenant, as it doth appear by Master Hesket, in his learned Reading upon the Statute of Carta de Foresta: and yet it should seem that the chief Warden of the forest is no judicial officer appointed to sit there: for if he were, he could not appoint his deputy to sit there for him: for a judicial place cannot be executed by a deputy, as it doth appear by divers precedents & cases at the common Law: & for that cause the Lord chief justice of the forests being a most especial judicial place, it was enacted by the Statute of 32. 
The chief Warden of the Forest, nor his Lieutenant are no judicial officers.  H, 8. Cap. 35. that they might make Deputies to execute their offices in writing under their hands, and sealed with the Seals 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 authority given by any Act of Parliament to the chief Warden of the Forest, to make any Lieutenant to execute his Office: And therefore, seeing that he doth and may make a Lieutenant under him, his place cannot be a judicial place: and also it appeareth by the Statute of An. 1. E. 3. caput 8. which doth begin thus:  
Item, whereas divers people be disinherited, ransomed, and undone by the chief Wardens of the Forest on this side Trent, 
The Statute of An. 1. E. 3. ca 8  and beyond etc. And afterwards it doth follow in these words: It is agreed and ordained, that from hence forth no man shall be taken or imprisoned for Vert or Venison, unless he be taken with the manner, or else that he be indicted after the form before specified: and then the chief Warden of the forest, shall let him to mainprize until the Eyre of the forest, without any thing taking for his deliverance: 
A writ of Homine Replegiando.  & if the said Warden will not so do, he shall have a writ out of the Chancery, which hath been in old time ordained for such persons indicted to be at mainprize until the Eyre. And if such Warden after he hath received the writ, do not incontinently deliver such persons indicted without taking any thing: Then the plaintiff shall have a writ out of the Chancery to the Sheriff, to attach the said Warden to be before the King at a certain day to answer wherefore he hath not replevied him that is so taken: and the Sheriff, the Verderors being called to him, 
The Recital of the Statute of 1. E. 3. ca 8.  shall deliver him that is so taken by good mainprize in the presence of the Verderors, and shall deliver the names of the mainpernors to the same Verderors, to answer in the Eyre of the justices: and if the chief Warden be thereof attainted, the plaintiff shall recover his triple damages, & the said Warden to be committed to Prison and ransomed at the Kings will. And from hence forth it shallbe written to them, as to the chief Wardens of the Forest, because they may not be justices, nor to have any record: And so note by that Statute, that the writ aforesaid, is directed to them as if it were to the Sheriff to execute the same writ: and such a writ is not directed to a judicial officer. Also the same Statute doth say, that the names of the mainpernors shallbe delivered to the Verderors, as if he should say, because they be (as justices:) And that from hence forth it shall be written to the said Wardens, as to the chief Wardens of the Forest, because sayeth the Statute they (meaning the same Wardens) may not be justices, nor have any record. Then Ergo the chief Warden of the Forest, nor his Lieutenant are no judicial officers, and then I see not by what authority they should sit at the Swanimote.  
And note that there are two Lieutenants most commonly in every Forest, vz, 
2. Lieutenants in the Forest.  the Lieutenant of the Lord justice 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 bound to attend at every Swanimote, or else the indictmentes and presentments there taken are utterly void. It is here to be noted, what is meant by these words in the said Statute of Ordinatio Forestae cap. 1. ac alijs earundem forestar' ministris: for other ministers of the forest are Stewards of the Swanimote, who ought to be men very well learned, and especially in the Laws of the Forest. 
Assisa & consuetudines Forestae, ca 20.  And to prove that there ought to be a Steward at every Swanimote, it appeareth by the assizes and customs of the forest, where it is said, quod homo attachiatus pro ramis cesis placitum illud pertinet ad Swanimotum coram Senescallo etc. There are also other officers of the Forest mentioned in the great Charter of the Forest Cap. 16. and Cap. 17. that is to say, Constabularij, Castellani et Ballivi et Bedelli etc. & if it do chance any of the said officers or ministers to be sick, so that he or they cannot be at the Swanimote: then the justice of the forest or his deputy shall incontinently 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 assizes of the Forest. Anno 7. R. 2. caput 3. that the inquest shall not be compelled to travel to any other place to give their verdict, but where they received their charge: and note that the court of Swanimote hath power to inquire of all those matters that do hereafter appear in the charge of the Swanimote, 
The power of the Swanimot  and to take presentments of all such matters, but no judgement shallbe given there, nor execution awarded, for that is reserved to the justices of the Forest only.  
At this Court of the Swanimote, all the presentments of the Foresters for any offence in the forest, either in Vert or Venison, are there delivered to the jury, which are sworn for that purpose to inquire the truth of those matters: and if the jury do find that those presentments that the Foresters have presented be true, than the offender against whom they were presented, doth stand convicted thereof in Law: and then the entrée thereof, is presentatum est per Forestarios et duodecem juratores et convictum per viridarios. 

Ordinatio Forestae ca 1.  
All the freeholders that dwell within the Forest do owe suit to this court.  
Asserts & Purprestures are to be inquired of Consuetudines. ca 4.  
Purprestures that be arented Vide ante, the case of my Lord Dyer. fo.   And this much concerning the Court of Swanimote, and hereafter doth follow the charge of the same.   

The charge of the Court of Swanimote for the Forest.  
INprimis, you shall inquire if all those that own suit to this Court 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 than hath been made by the kings grant or any of his Progenitors, in what place the same is, and by what authority, by whom, and what harm it is to the King, except it be arrented.  
3 Item, if there be any that maketh any great closes or small closes, which are annexed to the borders of the Forest: 
This is Purpresture.  and enlargeth his own ground with setting out of his hedges and ditches, and so straytneth the Forest.  
4 Item, if any man have raised, digged up, or carried away, 
This is a Trespass & Purpresture: For Omnes metae Forestae sunt integro domino Regi.  any land, Stone or stake that was set or laid for any mark or bound of the Forest, ye shall do us to weet of their names, the day and place when the same was done.  
5 Item, if any man maketh any Mines, Clay-pits, or turueth for Iron without licence in any place within the Forest.  
6 Item, if any man levieth any mill within the Forest, without the kings 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 have made any Swine-house or Shéepe-house or any other house or Coat within the lands of the Forest without licence, you shall present it.  
8 Item, if there be more Foresters or Walkers within the Forest, then have been of old time accustomed, in oppressing of the King's people, or over charging of the Forest, who hath made them, and by what authority he hath done it.  
9 Item, if there be any minister of the Forest, that maketh any oppressions or extortions of the King's people, by colour that he is an officer of the Forest, and for taking excess chiminage: if any such be, you shall present them.  
10 Item, if any man come into the Forest in Fawning time, with Sheep or any other cattle where they have common, and is not Sworn to be true to the King's game.  
11 Item, if there be any man that doth burn any Heath or Fearne or Ling within the Forest or towns next adjoining to the same Forest, you shall present the same.  
12 Item, touching the Kings Vert, that is to say, Woods, 
Verte.  you shall inquire if any have come into this Forest and have felled any great Okes, and carried them away by night or by day, being the King's Wood, and the price of the Horse, Cart, and Trees so carried, and by what authority.  
13 Item, of small Wood, as under Wood, Sparres, blackthorn, Watling rods 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 bruiseth any waste bows or great Oaks in Winter time, more for his own advantage for the sale, than for the sustenance of the King's Dear, ye shall do us to were thereof, and the names, and the price of the Wood  
15 Item, if any man do take out of the hollow trees any Honey, Wax, or swarms of Bees within the forest, ye shall do us to weet.  
16 Item, if any man take any Hawks eggs, Herrons eggs, pheasants eggs, or Partridge eggs out of their nests being within the forest, you do us to weet.  
17 Item, if any man have any warrant of the Lord Chancellor of England, Lord Privy Seal, or of the king's justices of the forest, to have certain Trees: if he have taken more than his warrant will serve for, or if he have taken the said trees without view of the Verderors, or of the foresters, you shall do us to wit.  
18 Item, if any warrant were granted for any Oaks, or other timber to be employed to the king's use, or on his works: if any man have bestowed them to their own peculiar use, or otherwise conveyed them, or sold them, you shall present the prize thereof, and who he is that hath done so.  
19 Item, if any commission were directed to any Woodsellers for the sale of the great Woods and under Woods, or either of them: if the same Woodseller have made the hedges and fensings of the Copies, for saving the kings Covert.  
20 Also, if any of the said Woodsellers have concealed any thing of the king's profit upon their account, or if they have enclosed any Moors, great plains, or waste grounds, to the hurt of the commoners, or put any other cattle into the Copies 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 Woods annexed to the King's Forest, and maketh percourse out of his own Wood with Swine and Pigs into the Forest, in hindrance of the kings Pawnage, of all such you shall do us to weet, both of the number and of the price of them, for they are forfeitable to the King.  
22 Item, if any man have any Swine coming into the Forest in Pawnage time, unringed, wrouting, delving, or turning up the king's soil, which is cause of exylation of the kings Dear, ye shall do us to weet 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 grant of any king, & confirmed, or any specialty allowed to him before any justice in Eyre, for a certain number of Swine to run in Pawnage time in the king's Forest, if he have more than is allowed in his Patent, ye shall do us to weet of the number and price, for they are forfeitable to the king.  
24 Item, if there be any Swine not ringed, or Goats, that have been attached since the last Sessions within the Forest, ye shall present the number and price of them: for they are forfeitable by the first attachment to the King, for that they be not beasts Commonable.  
25 Item, if there be any Sheep running in the Forest, and hath been attached three times since the last Sessions, ye shall present the number and prize, 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 king's Dear within seven miles about the Forest, at any time within xl. days next after the kings hunting, neither xl. days before it was so hunted, for these causes: First for that the king before his Hunting, or his Commission to kill the Dear, his grace should have a sight of the Dear where they lie at rest in their haunt: and after his hunting, because the Dear being driven out with strength of hounds, 
Puraley.  and noise of men and horns, may afterwards resort again to their haunt in the Forest: if there be any such you shall do us to weet.  
27 Item, if any man have any great Park, or great close within three miles of the Forest, 
Puraley.  that have any Saltaries or great gaps, called Dear lopes, to receive Dear into them when they be in chase, and when they are in them they cannot get out again.  
28 Item, if any man have slain any of the kings Dear within the Forest without warrant, you shall present his name, and what Dear was so slain, and within whose walk the same was done.  
29 Item, if any man had any Warrant for to have any Dear, if he have taken more Dear than is mentioned in his Warrant: how many they were: what Dear they were: and of what season: for a Buck in Winter, is out of season, and so is a Do in Summer: and whether he took the Dear comprehended in the Warrant without sight of the Verderors and Foresters, yea, or no.  
30 Item, if any man keep any Hounds or Dogs, & riding or going through the Forest, as the high ways do lie, and taketh not up his dogs, but doth suffer his dogs to chase & kill the King's Dear: whether the death of such Dear be within the Forest or without, you shall present the name of the man, and the Dear so killed.  
31 Item, if any man take any Dear with Nets, cords, ropes, Double Paternoster Buckstalles, or other Engine, and who doth keep any such engines within the Forest, or near 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 Fox, Hare, Cony, or any other beast or fowl of Warren without authority, the same is to be punished for the breach of the kings free chase, and therefore you shall do us to weet.  
34 Item, if there are any manner of rents or services, wax or honey, due to the king or any of his officers of this Forest, that are now behind or withdrawn: by whom, how long, what it is, & what damage it is to the King, You shall also do us to wit.  
35 Item, if there be any man that dwelleth about the borders of the Forest, which keepeth any strange Greyhound, and waiteth when the King's Dear are out of the Forest, and foresetteth the same Dear, so that they may not return home again, and so by that means are slain or hurt: ye shall present who he is, and who oweth the greyhounds, that he may be punished for the same accordingly.  
36 Item, if there be any person within the jurisdiction of this Court that keepeth any hounds or greyhounds, that may not dispend xl. s. by the year of freehold, over and above all charges, according to the Statute, which hunteth in the Purlevy, as of his own authority, you shall present his name, the time, and what damage he did to the King in diminishing the game at such hunting.  
37 Item, if any Purrely hunter, 
Puraley.  hunt oftener than thrice in a week, or before the Sun rising, or after the Sun setting, or with other than his own menial servants, 
The defence month is xv. days before Midsummer and xv. after. Puraley.  or otherwise on Sundays, or in the fence month, which is the time of Fawuing, and that is accounted xv. days before Midsummer, and xv. days after Midsummer.  
38 Item, if any Purluy hunter, at any time, forestall the kings Dear, whether it be with dead Hay, or with quick, for they ought to let run at the tail of the Dear, otherwise it is finable, as if he did hunt in the forest.  
39 Item, 
Puraley.  if any person have made any Copies or closure of Purluy, in estrayteng of the kings Dear from the Forest, to the hurt of the owners, or do pin the beasts of any commoner out of the shire, and not put them in open pound in the Country, whether it be in Pawnage time or not, you shall do us to weet.  
40 Item, if any man gather any Acorns or Crabs in the Forest, and do make sale of them at markets or else where, to the hurt of the commoners, and the king's beasts of the Forest, ye shall do us to weet.  
41 Item, if any man have stopped or straited any Churchway, 
Puraley.  mylle-way, or other ways in the Forest or Purleu, to the common nuisance of the kings free people, and to the hurt of his Deer, you shall do us to weet thereof.  
42 Item, if any man have any Milles within the forest, which are not repaired as they ought to be, you shall do us to weet.  

Puraley.  43 Item, you shall present all the Waifes and Strays which hath been and happened since the last Court within the forest.  
44 Item, if any man take any agistment in the forest or purleu, to the hurt of the kings Dear and the Commoners there: you shall do us to weet.  
45 Item, if there be any man that doth surcharge the common with any manner of cattle, or otherwise more than the law doth suffer, according to the quantity of his tenure or grant, you shall do us to wete: and of these and all other that you do know to be any offence, either in Vert or Venison, or against the Laws 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 suitors to the court, and when they are there presented, they shallbe sealed with the seals of the ministers aforesaid, and sent before the justices 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 chief justice in Eyre of the forests, commonly called the justice Seat of the Forest.  
FOr as much as the Court of attachments, called the forty day Court, or Woodmote, and also the Court of Swanimote, have already been spoken of briefly, and also the proceeding in those two Courts against such as are offenders in the Forest in Vert or Venison. And for that it appeareth that by the Laws of the Forest, all the proceedings of those Courts for the greatest offences done in the Forest, are as nothing, until such time as they are presented to the Lord justice in Eyre of the Forest at the justice Seat, because, that although the offences and trespasses of offenders be presented in the said Court of attachments: And that afterwards, upon 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 said Courts of attachments or Swanimote give any judgement of those offences, or assess any fines for the same: for that doth appertain only unto the Lord justice in Eyre of the Forest, to do at his will and pleasure at the said Court of justices Seat. And therefore all those Rolls of all such offences as have passed the court of Swanimote, and the Court of attachments, are to be sealed up with the Seals of the said Verderors: and they are to keep the same Rolls until the justice Seat, and then they are to present the same unto the Lord justice in Eyre of the Forest. And if the said Verderors do not there appear to bring in their Rolls the first day of the same justice Seat: then there shall forthwith go out a writ to the Sheriff to seize the lands of the said Verderors into the King's hands, until such time as they shall come before the Lord justice in Eyre and bring in their Rolls, as it shall appear hereafter by sundry ancient Precedents of the Assizes of the Forest. And it is to be noted that before the lord justice in Eyre of the Forest do keep this high Court of justice Seat, when he hath received the King's Commission for that purpose, than the Lord justice in Eyre doth make out his warrant or precept to the Sheriff of the same Shire within the which the Forest is where the justice Seat shallbe holden. (The Tenor of which writ shallbe showed hereafter,) thereby commanding the same Sheriff to summon by sufficient summons all the Archbishops, Bishops, Earls, Barons, and Knights, and their free tenants which have any lands or tenements within the bounds of the Forest of our Sovereign Lord the King called the Forest of Windsor, and also of every town and village within the bounds of the same Forest, to summon four men and the reeve: and also to summon of every ancient Borough within the bounds of the same Forest xii. good and lawful men, and also all other free holder's that aught to appear before the justice in Eyre of the Forest, and that they shallbe before the same Lord justice in Eyre at Windsor on Monday next after the Feast of S. Peter the Apostle, or at such day as the Lord justice in Eyre shall appoint in the same warrant for to sit and hold pleas of the Forest. And furthermore, to command the same Sheriff, that throughout all the whole liberty of the same Shire, aswell in all the ancient boroughs and other towns, as also in all Fairs & Markets, and other public places, that he shall openly proclaim or cause to be proclaimed, that all manner of persons whatsoever they be, which claim to have by the Charter or Charters of our Sovereign Lord the King, or of any of his ancestors or progevitours, or by any other ways or means, any liberties or franchises, or free customs of the Forest within the said Forest of Windsor, that they shallbe before the Lord justice in Eyre or his deputy, at the day and place mentioned in the same Warrant, to show what liberties they do claim to have in the same Forest. And that all manner of persons that are attached for Verte and Venison within the Forest aforesaid, after the last plea of the Forest holden before the Lord justice in Eyre, and also that all Pledges and Manucaptors which have day by their Manucaption before the justice of the Forest of our Sovereign Lord the King at his next coming into the Forest to hold his justice Seat, that they be before the said Lord justice in Eyre at such a day as is mentioned in the said Warrant to the same Sheriff, ready to fulfil and do those things which by the Laws of the Forest they ought. And that the same Sheriff with his bailiffs be there also to certify the said Lord justice in Eyre of the premises, and also to execute the office of a Sheriff in these and such like matters concerning the same. And it is to be noted, that the Lord justice in Eyre must always by their precept as aforesaid, give day by the same precept of Summons, so that all men that are to be summoned by it, may have forty days warning at the least of the same justice Seat by the sheriff's Proclamation. And when the Lord justice in Eyre is come to the place appointed, according to the Proclamation, and that he is set in his judicial Seat, and those that are in commission with him, then after the Commission is read, and the officers of the Forest called, than the Freeholders of the same Forest shallbe called also, and all others that were warned to appear there at that day, and then out of those freeholders and others, there is chosen a most substantial jury of xxiiii. or xx. or xviii. of the discreetest men. And they shallbe sworn that they shall truly inquire, and true presentment make, of all such matters as shallbe given them in charge, And then, to the intent that the Kings most excellent Majesty may the better be certified what offences have been done in the Forest in any degree since the last Seat of the justice, and also how those offenders have been prosecuted, favoured, or punished by the officers of the Forest, whom the King doth trust in that behalf: and that the King may likewise know what officers of the forest have well & dutifully discharged their office as they ought to do. The Lord justice in Eyre, or some man learned in the Laws of the forest, by his appointment, shall give unto the fame jury a charge which charge in effect doth comprehend briefly he whole scope of the Laws of the Forest, which is as followeth.   

The Charge of the Lord justice in Eyre of the Forest, that he doth give at the justice Seat.  
FIrst, ye shall inquire of all attachementes made since the last Sessions, as well of Vert as of Venison: and aswell in the Demesne Woods of our Sovereign Lady the Queen, as in any other place within the bounds of the Forest: & by whom such attachementes were made, and how they were made, and whether there hath been any hunting within the bounds aforesaid: and if any such hath been, then, by what person it hath so ●en: and who hath been consenting or agreeing to the same, that is to say, the Foresters or any other: and what they have been that have hunted with warrant, & who without, and how often, when and where the same was.  
2 Ye shall also inquire where there hath been any attachment made by night: and who they were that hath been so attached, and by whom they were attached.  
3 In like manner you shall inquire what attachementes hath been made in Fence time, aswell of those persons that have offended as of others suspected: and of all others found in the Forest searching and going after a suspected manner.  
4 You shall further inquire if there have been any asserts, wastes, or Purprestures newly made since the last Sessions or before, & not presented: other than such as hath been made by grants or licence of the queens Majesty, or any of her progenitors: and within whose Fee the same hath been, or is so made, that is to say, in the Kings demesne lands, or in the lands of any other: and who hath so made them or any of them: and who doth now hold the same: and how they be enclosed: and how much the same doth contain by the number of Acres.  
5 Item, you shall inquire if there be any person or persons, that hath or have enclosed any quantity of ground what soever it b● adjoining or bordering upon the Forest, and thereby enlargeth his or their own ground, in setting out of their hedge or hedges, ditch or ditches, and so streighteneth the Queen's Forest, ye shall present his or their names, and the quantity of the ground so enlarged.  
6 Ye shall further inquire if any person or persons hath or have raised up or taken away any mark or bound of the Forest: if any hath so done, ye shall present his or their name or names, and the day and time when it was done.  
7 Ye shall further inquire of the bands and limits of all Bailiwikes within the Forest, and how and after what manner they be bounded: and how every of the said bailiffs and Fosters have used to keep and walk: and what they and every of them do claim to appertain 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 have made any Mine Delphe or Coale, stane, Clay, Marle, turf, Iron, or any other Mine, 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 use their faculties there yea or no.  
10 If any person or people have newly builded or made any Mine 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 been erected and builded within the bounds of the Forest: by whom the same hath been so builded, and how long it is sithence: and how many beasts be pastured & fed in the Forest, by reason of the same, to the prejudice, hurt & overcharging of the said Forest.  
12 Item, if any man hath builded any Swine-house, Neathouse or shéepe-house, or any other house or enclosure within the bonds of the forest, to the nuisance of the forest: ye shall 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 Dear of the Queen is thereby surcharged & impaired by the beasts which go in or out, to or from the said house or houses.  
13 Item, if all the inhabitants within the Forest, aswell clerks holding lay Fee, as others, being of the age of xii. years and above, be sworn to be true to the Forest or not, and of their appearance and defaults made here at this present time.  
14 Item, if any of the Foresters, keepers or other officers, which have walks, and to do in the said Forest by reason of their office, be yet vnsworn: and if any such be, you shall do us to weet what is his name or names, & whether he or they be present or absent.  
15 Item, you shall inquire what Parks be within the limits & bounds of the said Forest or near unto the same, and how they be enclosed: and what salter's and lepers they have in hurt of the said Forest: or what common trespassers be in any of the Queen's Parks within this Shire, as with Bows and Arrows, or any other engine: and whether any ground be tilled within the Queen's Parks without licence yea or no: if there be, then by whom the same is tilled.  
16 Item, you shall inquire what waived goods and strays hath been within the said Forest since the last Session or before not presented: and how the King is answered 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 have taken any Swarm of Bees, honey or Wax within the said Forest: how many and how much, and the value, and who ought of right to have 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 aught 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 been any River, Haven or creak newly made, whereby Wood, Timber or Venison hath been con●●ied away by Boat, Barge or ship: of all such offenders and their aidors and concentors, you shall do us to weet.  
20 Item, you shall inquire if any officer of the forest hath made any Scottales, gathered any Sheaves of Corn, or done any extortion or oppression by colour of their office: you shall present their names, and the same offence.  
21 Also if there hath any person used to come into the forest in fence time to seek Sheep, Swine or other cattle, 
Driving of cattle in the fence month.  being not sworn to the assize 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 year according to the Laws of the forest: and taken his presentments, and caused them to be affirmed by the verdict of xii. indeferent men: and also to be ensealed by the Werderors and other officers, according to the said Laws or not. And whether the xl day Court hath been kept or no, according to the Statute.  
23 Item, whether the Keeper, bailiff or Steward, have taken fines or amercementes of the trespassers, or of those that were indicted or suspected for Vert or Venison: and if they did, of whom: how much, and what it was: and whether they have caused any person to be falsely indicted: how, and after what manner it was done.  
24 Also, whether the foresters, Verderors, Regardors and Agistors, or others have concealed any trespassers indicted or suspected, or made any attachementes for their own lucre, or for favour, or for the cause aforesaid, have concealed purprestures or any other thing pertaining to their office: and whether they have appropried any thing to themselves which should appertain to the Queen's Majesty, yea or no.  
25 Item, ye shall inquire if any foresters of see, or other officers have taken any manner of fine or reward or chiminage or passage, other then to his Bailiwike hath appertained: or which by colour 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 inquire, if any Forester or foster's hath or have any person or persons which do accustomably resort unto them and haunt the Forest. And what the said person or persons do take and receive of the said Foresters. And whether the said persons be suspected for any trespass or offence done or committed within the said Forest. And if any such be, ye shall present his and their name and names.  
27 Item, you shall inquire, how the Foresters do behave themselves in their several Bailiwikes and offices: and who are profitable to the Queen's Majesty, and who not.  
Item, Inquiratur, si Forestarius sit utile 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 said Bailiwikes any more Foresters than there ought to be, and were wont to be, or do suffice and are necessary or needful for the safe keeping of the said Bailiwike: And whether they or any of them do surcharge their said Bailiwikes by undue, or too often lodging of any person or persons: And which have had their horses there by the space of three nights and three days, in other men's houses within their Bailiwikes or without, by reason of the said Bailiwike or office. And which of the said Foresters have any lewd, hurtful, noisome or walking servant under them to the charge or burden of the country: And which of them have made or levied any new custom or innovation concerning the Forest, to the damage of the Queen's Majesty, and the trouble and burden of the Country, etc.  

bailiffs which be Foresters of Fee.  28 You shall further diligently inquire of all bailiffs which be Foresters of fee, what warrant or specialty they have to hold and enjoy their said Bailiwikes. And which of them do give or render to our sovereign Lady the Queen's Majesty any yearly farm or annuity 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 have and take of the said Forest to pay the said farm or Annuity. And by what meats and bonds they do and of right aught to hold their said Bailiwikes, And what demesne land's the Queen hath in every of the said Bailiwikes: and by what meats and bounds they be environed and set about with etc.  
29 Item, you shall enquir if any Forester of fee, 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 receit of such reward, doth remove and displace the said Forester, & put a new in his place, for a new reward, to the great detriment and hurt of the Forest and grief of the Country.  
30 If any person or persons, within the limits and bounds of the Forest or without, to the hurt or prejudice of the Forest, have newly enclosed his several ground, Woods or Warren, or hath afforested any Wood of his own without warrant of the Queen's Majesty, you shall do us to weet of his name.  
31 Item, 
Dear found dead or wounded.  you shall inquire whether any Dear found newly dead, or otherwise wounded in such sort that the same cannot recover his hurt: and so found and taken by the Foresters, whether the flesh and bodies of such dead or hurt Dear hath been given and bestowed to the Lazerhouse or Spitell-house next adjoining, if any such there be: and if there be no such Lazerhouse near adjoining, then whether the flesh and bones of such Dear aforesaid hath been bestowed, given and imparted among the poor people next inhabiting the Forest: and if they have been so well bestowed, then whether the Verderors or Country can testify the samd yea or no etc.  
32 Also of all such Dear as hath been found and taken, as last before, whether the head and skin of the same have been delivered to the fréemen of the next town adjoining etc.  
33 Item, if any Arrow or Arrows hath been found within the Forest: whether due presentment hath been made to the Verderors thereof: to the intent that the said Verderor in his Roll might enter the same etc.  
34 Item, 
Greyhounds.  if there be any Greyhoundes found running within the said forest, to the disturbance of the queens game, whether the same hath been presented in the presentments of the verderors to the intent that the same should be sent to the Queen, or to the chief justice of the Forest.  
35 Item, you shall inquire if all the deggs which be within the bounds of the Forest, and aught to be lawed, be well & orderly lawed, and made profitable for the said Forest, yea or no.  
36 Item, if any man in time of Harvest have taken in any Massive or great dog within the said Forest etc. to the hurt of the Dear or not.  
37 Also if any person or persons to whom the queens Majesty or any of her progenitors, hath of late or old time granted liberty of free chase within the Forest: if they or any of them by means and colour thereof, have done any prejudice to the Queen's Majesty in the said Forest, yea or not.  
38 Also if the Queen's Majesty or any of her progenitors, hath granted liberty to hunt Vermin of chase, that is to say, Foxes, martens, Wild Cartes, Pole-Cattes and Squiriles, within the said forest, whether they or any of them by colour thereof hath killed any of the Queen's Dear, yea or not.  
39 Item, if any person have at any time seen any trespasser in the Forest take any Dear there, and hath not levied hue and cry to take him, ye shall present his name etc.  
40 Item, you shall inquire what persons there be within the bounds of the Forest or without, that doth keep any Dogs that will run & kill the Dear, or kill Hares or any other beasts of chase, or doth keep any manner of engine to take the said Dear or other beasts, or who doth by any manner of engine take a Dear or such beasts: and who are receivors, aiding, and consenting to the same, you shall present the same.  
41 Item, whether any Dear were or hath been taken: & by what manner of people the same hath been so taken: and whether it were by warrant or without warrant.  
Item you shall inquire if any have been offenders in warrens or fishpools within the liberties of the Forest.  
42 Ye shall moreover inquite what person or persons within the bounds & limits of the Forest, hath any Bows, Shafts, hounds, or any other engines, to the end to prejudice the Queen's Majesty of her beasts of chase: and who is accustomed to enter into the said Forest with Bow and Shafts: you shall present the same.  
43 Item, you shall inquire whether any person to whom the Queen's Majesty or any other person by reason of his office hath given any Dear, hath taken any other kind or more Dear than hath been so given him: And what Foresters, officers or other persons have been aiding 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 kind of Hawks, Pheasants, Partridge or other Fowl of Warren within the said Forest, contrary to the Laws of the same. 
Purlieu borders.   
44 Item, ye shall inquire if there be any man that hath hunted the Queen's Dear within seven. miles about the forest, at any time within xl. days next before the Queen's hunting, or xl. days 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 have the sight of his Dear where they lie at rest in their haunt: and after the hunting, because when they be driven out with strength of hounds, and noise of men and horns, may after resort again to their haunt in the Forest.  
45 If any Purlew hunter, hunt disorderly to the destruction of the Queen's game in the Forest or kill Dear, 
Purlieu.  or hunt before the Son or after, or with any other then with his menial servants, or hunteth upon the Sundays.  
46 Item, if any Purlew hunter at any time forestall the kings Dear, whether it be by dead hay or quick hay: 
Purlieu.  for they may not forstall but let slip at the tail: and whether any Purley hunter hath hunted in the fence month or not.  
47 Item, 
Purlieu.  if any man cometh into the Purlew and findeth a Dear in his feeding, and goeth against the wind and so slayeth him with bow or Grayhounde, or other Engine, or forceth him at any gap or pitch as the Dear is wont to walk, or taketh his flight, ye shall do us to weet.  
48 Also if there be any person that holdeth any long running hounds & rideth or goeth through the forest as the high ways lie, and taketh not up his said hound or hounds with a fast knot, so that they wind the Dear and fall thereto, & drive the Dear till he be dead, be it within the forest or without, do us to weet of the persons names and dwelling places & of the Dear so killed etc.  
49 Item, if any man taketh any Dear with nets, cords, ropes, double paternoster, or other engine, ye shall do us to weet.  
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 cometh into the Forest, and there stayeth Fox, Hare, Conny, or any other beasts or Fowl of Warren without authority etc. you shall present the same.  
52 Item if there be any man that dwelleth about the border of the Forest and keepeth any strange Grey hounds, and waiteth when the kings Dear be out of the Forest, and forceth the said dear, so that they may not come home, but by that means is dead: ye shall do us to weet who he is, and who oweth the greyhounds, and the place where the same was done.  
53 If there be any man that hath slain any Dear of the Queens within the Forest: of his name, and what Dear was so stain, you shall do us to weet.  
54 Item, if there be any person that keepeth any hounds or greyhounds, 
An. 13. R. 2. cap. 13. Purlew men.  and if he be Spiritual and may not dispend x. li. by the year: and if he be Lay & may not dispend x. li. by the year of free hold over all charges, and hunteth in the Purlew of his own authority: do us to weet of his name & hunting, for otherwise he ought not to hunt. etc.  
55 You shall in like manner inquire whether the Foresters or any other officers have agisted any cattle in the queens demesne Haies and several Woods wherein no person hath common. And whether they have Mown any of the queens lands, & taken the grass and hay thereof to their own use and sold the same to the prejudice of the queen's Dear: and how much the same grass and Hay was worth, or what they received for the same.  
56 Also you shall inquire, if all Agistors of our Sovereign Lady the Queen have truly & faithfully agisted her highness demesne woods: and truly and faithfully levied and received the pawnage: and fully answered and accounted for the same. And if they have not fully accounted for the same, as is aforesaid: then how much the sum is that doth still remain in their hands.  
57 Item, you shall inquire of such as hath any Woods adjoining to the Forest, & in Pawnage time hath put his Swine into his own Woods, and maketh gaps and procureth his Swine out of his Wood into the Forest in hindering of the Queen's Pawnage: Of all such Swine, you shall do us to wit, of the number and value of them, & also of such offenders therein.  
58 Item, 
Swine unringed. Vide titulo Common of pasture.  if any man hath any Swine coming into the Forest in Pawnage time, or any other time in the year unringed, Wrooting, delving or turning up the Queens, soil which is cause of exhilation and making leave of the Queen's Dear, You shall do us to weet 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 grant of any King or Queen, or any specialty, and it confirmed to him before any justice in Eyre for a certain number of Swine in the Queen's Forest: if he hath more than his specialty or Patent allowed doth make mention of, do us to weet, and the number & price of them, and the offender herein.  
60 Item, you shall inquire, 
Swine not ringed.  if there hath been any Swine not ringed, or Goats, that hath been attached since the last Session within the Forest: of the number and price of them, you shall do us to weet: For they be forfeitable by the first attachment, for they are no beasts of common. Also, if there hath any Sheep come within the Forest or within the Covert, 
Sheep.  and have been attached three times since the last Session, of the number and price of them, ye shall do us to weet, etc.  
61 Item, you shall inquire of all strangers that have had horse, Mares, beasts, or other cattle in the forest, by which the pasture of the King's dear hath been surcharged, or overlaid, to the hurt of the same Dear: and to the noysance of them that have common in the same Forest, You shall present their names, etc.  

Stone Horse.  62 And you shall inquire, if there be any person or persons, that putteth any Stone horse or horses upon the Forest to be fed, or commoned within the Forest, 
Drift days of the Forest. Anno 33 H. 8 cap. 5. Note that the days of the drift is appointed by the Statute.  being of the age of two years, which are not of the stature of xv. handfuls high by the Standard. Or whether there be any Mares, Fillies, or Foles, which be not like to be able to bear foals of reasonable stature, pasturing within the Forest. Whether the Hedborowes and tithingmen of every of the townships within the said Forest at every of the driftdayes, according to the Statute, hath duly executed the same Statute.  
63 Also, ye shall inquire whether any officer of the Forest hath taken any fines for the Agisting of strange cattles within the said forest to the hindrance of the pasture for the Queen's majesties wild Beasts, and to such as have common in the same. And what, and how much the pasture of the said dear hath been hindered thereby, etc.  
64 In like manner ye shall inquire, if any man hath spoiled or destroyed any Brush or fern, 
Destroyer's of any Couer●.  or any other covert or defence in such place or places where the Queen's dear hath or doth commonly use or haunt, or doth usually calf or fawn.  
65 And also, whether any person to whom the Queen hath granted Estovers for his own only use of such fern and Brush, or other Estovers, whether they have by colour thereof given or sold any of the said Fern or Brush, or Estovers to others. And who hath had any such warrant for the taking of any such Estovers, and what warrant: And how much the Forest is thereby prejudiced and hurted, and of his or their name or names that hath so done, you shall do us to weet.  

Surcharging the Common.  67 Item, whether there hath any person or persons inhabiting within the forests, surcharged the pasture & meadow within the same: and how the same hath been surcharged: and to what loss and hurt the same hath been, you shall do us to weet.  
68 And further, you shall inquire, if there hath any person come into the forest, & felled and cut down any great Oaks of the Kings, and carried them away by night or by day: Of the price of the horses and Cart, and of the said trees carried, ye shall do us to weet.  
69 Also ye shall inquire, if any person or persons hath or have come into the Forest and cut down any small wood or underwood, as Sparres, Blete, thorns, or watling rods, and carried the same away unattached, ye shall do us to weet of his name and of the price, etc.  
70 Item, if the Forester of the Forest, his Lieutenant, or any Foster browseth any Mast, bows, 
Browsewood.  or great Oaks in Winter time, more for his own advantage for to sell, than for the sustenance of the Queen's Dear, do us to weet, and the name and price.  
71 Item, if takers of wood by the Queen's licence or grant, whether they did not exceed their grant and authority, you shall do us to weet: And by whose assent, and how much, and what person hath done so.  
72 Item, if any man have any warrant to have certain trees: if he hath taken more than his warrant: or if he hath taken the said trees without view of the Verderors or Fosters, ye shall do us to weet, etc.  
73 Item, if any warrant were granted for any Oaks to the Queen's use, if any man take them to his own use, or otherwise bestow them or sell them, of the prize ye shall do us to weet etc.  
74 If any commissions were directed to any Woodseller for a certain number of great Wood or under-wood, or both, if the Woodsellers have well made their hedges of the copies for the saving of the Queen's covert. And if they have concealed any of the profit on their account that the Queen ought to have. And if they have enclosed any Moors, great plains, or wastes, to the hurt of the commoners, or put in cattle to the hurt of the springs, ye shall do us to weet.  
75 Also, what Okes or other wood the said Foresters have given, sold, or taken, or undermined, or otherwise impaired, to which the officers hath consented, or otherwise, etc. Le quantity et le value de tiel boise. etc.  
76 Ye shall further inquire who hath made any spoil or waste in the Forest of Vert in the Queen's demesne Woods: And also in the woods of other persons within the said Forest. And what, and how much every of the said Foresters hath given, sold, or hath suffered to be given, or hath taken to their own proper use of the woods within their Bailiwikes. And if for the favour of any manner of person (that is to say) of Noble men or mean men, the said officers hath suffered them or any of them to make spoil or waste of their woods within the said Forest: what, and how much spoil it is. And if they or any of them by means thereof have taken anything of them: what and how much it is, etc.  
77 Further, ye shall inquire how much vesture and covering all and singular woods and shadowing of the same now being asserted were worth before they were so asserted, 
Assartes.  aswell of the Queen's demesnes, as of other men's grounds: and who hath received the profits thereof: and how much the Corn is worth of all and singular the said asserts which be now sown, etc.  
78 If any person or persons doth walk in the Forest out of the Queen's high way with Bow and Arrows, other than the Reepers or officers appertaining to the Forest, contrary to the Assize of the same: ye shall present his or their name or names.  
79 Further, ye shall inquire, if the Forester or Foresters of the said Forest, hath and have early every morning walked within his walk and limits, and so diligently used their duties at other times of the day, looking to the Queen's Dear and other beasts of chase, in watching and hearkening what offenders shall come into the said Forest, yea or no.  
80 If any man have stopped or straightened any Churchway Milne-way, or other ways within the Forest and Purlew: you shall present his name. 
Aconrnes and Crabs.   
81 If any person or persons gather any Acorns, Crabs, or any other Mast, and maketh sale of them in the Market or else where to the hurt of the queens Dear 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 queens Dear from the Forest, to the hurt of the owners, or pounded the beasts of any commoners out of the shire and not put them in open pounds, whether it be in Pawnage time or not, do us to weet.  
83 Item, whether all such Rents services, and other duties which ought to be paid and done to the Queen or her Foresters, have been duly and truly answered and done yea or no.  
84 And finally, if there be any person or persons which hath impleaded or sued any Plea which doth appertain to our Sovereign Lady the Queen: And which is within the jurisdiction of the justice of the Forest, and before him to be determined. Or if there be any person that hath taken any fine or ransom for taking or killing any Hares, and for having and keeping of any unprofitable dogs in the said Forest, contrary to the assize of the same: or for any other trespass which appertained to the Queen's Majesty to have reformation for, you shall present the same likewise.  
Thus endeth the Charge of the Lord chief justice in Eyre of the Forest.   

BEfore that I do begin to speak or write any thing concerning a Forest: it is necessary first of all to see what thing a Forest is in his own proper nature. I have read and seen 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 word forest, and not a perfect definition of the nature of the very thing in deed. Othersome do say that Foresta est tuta mantio Ferarum: and this is no more but an exposition of the word Forest neither: 
Forest.  as if a man should say, 
An unperfect definition of a Forest.  that a forest is a safe abiding place of the wild beasts to restin. Some do make this definition of a forest, vz, a forest is a teritory of ground, meered and bounded with unremovable marks, méeres and boundaries, either known by matter of record, or else by prescription. This is no perfect definition of a Forest, neither, 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 Territory of ground, it is also meered & bounded with unremovable marks, méeres and bounds, for the same hath most strong stone walls that do enclose it round about, that are ancient enough to make a prescription, and yet the same is no Forest: Although peradventure there are some kind of persons that have more felicity to hunt there after greedy gain, than in any other Forest after game. And in like manner Saint Paul's Church in London may be a Forest very well by that definition, for the same is a Teritory of ground, it is also méered and bounded with Stone walls, that are unremovable boundaries, and they are known by prescription ancient enough: and yet the same is not a Forest in deed. And if the definition of a Forest were this, vz, a Forest is a Terretory of ground, méered & bounded with unremovable marks, méeres & bounds, either known by matter of record or else by prescription, 
The definition of a Chase.  which territory of ground is also replenished with wild beasts of Venery, in the protection of the King, for his delight: this is a good definition of a Free Chase: & yet is this no perfect definition of a Forest: for then every Free Chase were a Forest, and there is no difference between a Forest, & a Chase by this definition: for a Free Chase is a Teritory of ground: the same hath also méeres and bounds, either known by matter of record, or else by prescription, to the intent that if any offence be done there, it may be known by the same bounds whether the offence were done within the Chase or out of the Chase, by the which it is known either to be an offence or no offence. 
A Chase hath bounds and beasts of Venery.  And also a Free Chase is replenished with wild beasts of Venery, for the King's delight, as the Buck & the Do, & other beasts of the Forest & of Chase. Why then what doth this definition lack of the true definition of a Forest? Marry this, that a Forest hath certain particular Laws & officers that are only proper to a forest, & not to a Chase, & a Chase hath no such Laws nor officers: 
The difference between a Forest & a Chase  for all offenders in a free Chase are punishable according to the common Laws of this Realm, and not by the Laws of the Forest: And therefore this is the very true definition of a Forest, that is to say: a Forest is a certain Territory of ground and Privileged place for wild beasts to rest in: méered and bounded with unremovable Marks, Meres, and Boundaries, 
The definition of a Forest.  either known by matter of Record, or else by Prescription: Which Territory of ground is also replenished with wild Beasts of Venery, and Verte, and Coverts for the succour of the said Wild beasts, which place hath also certain particular and proper laws and officers for the preservation of Vert and Venison: 
A Forest doth consist of three things.  So that a Forest doth consist of these three things, that is to say: of Vert, Venison, and of certain particular laws that are only proper unto it.  
And a Chase doth consist of Vert and of Venison, 
A Chase doth consist of two. things.  for the same hath not any particular Laws that are proper to a Chase only. And thus much concerning the definition of a Forest.   

What things do make a Forest: How a Forest is made. What things be incident to a Forest. Who may have a Forest. And what difference there is between a Forest, Chase, Park and Warren, hereafter followeth.  

Charta de Foresta.  THe words of the Statute of Carta de Foresta Articulo primo, are these: Omnes Forestae quas Henricus aws noster aforestatuit etc. Concerning this first Article, it doth plainly appear in a book which doth remain in the Exchequer, called Liber Rubrus: that a Forest is a safe abiding place of wild beasts, not of all manner of wild beasts, but only of them that are belonging to the Wood: not in all places, but in certain places meet for that purpose. And of this word Foresta (o) is changed into (e) as who should say Feresta, id est, Ferarum statio: And a Forest is not in every Shire, 
A Forest must be in the woody countries.  but in the woody Countries, where great Covert and fruitful pastures be. It maketh no force whose the Woods be, either the Kings or any other mannes, so that the wild beasts may have 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 Law: 
The Woods of other men may be afforested as well as the Woods of the King. Carta de Foresta Artic. 1.  but it is a rehearsal, that the King before that time had made forests of the Woods of other men, as well as his own demesne Woods: whereby it doth appear that before the making of this Statute the King might have made a Forest in every Wood that he would, aswell in the Woods of other men, as in his own demesne Woods: & so he may yet at this day: because that it is necessary that the king shall have game and other disports of pleasure, mere for the dignity of a Prince, to pass the time in every place within his dominion where he will command. For if the king by his Royal authority will command that any place within his Regal jurisdiction, where wild beasts are, shallbe kept for a certain time for his pleasure and disport: then no person ought to chase or hunt there for the time commanded: and yet the same is not a Forest by that commandment: for the King is to have such things by matter of Record.  
And so it appeareth that a Forest is a safe abiding place for wild beasts, 
What a Forest is.  in the protection of the King for his pleasure and delight: and yet not for all kind of beasts, but for such beasts as are belonging to the Wood, that is to say, for Hearts, & Hinds, Bucks and does, Rooes, Sangliers, wild Hogs, wild Bulls, Cows, wild Bears, Hares, wild Goats, Martrons, Foxes, Wolves, Squireles, 
Beasts that are belonging to the Wood  and all other beasts of Venery and Vermius of chase, so long as they are remaining within the circuit of the Forest, it is not lawful for any person without the King's licence to hunt, chase or kill them or any of them there, although that some of them are not beasts of the forest, nor beasts of chase: 
Usage and custom to hunt in their own Land at little Vermins.  yet so long as they are within the forest they are in the king's free protection: so that no man may chase them there (except only in places where they have been accustomed time out of mind to chase at such little Vermins in their own lands, out of the kings demesne lands and Woods:) Master Hesket in his learned reading of the Laws of the Forest doth say that there be five wild beasts that are accounted beasts of the Forest, that is to say, 
There are five beasts that are beasts of the Forest. And there are also five beasts that are beasts of Chase.  the Heart, the Hind, the Hare, the Wolf, and the Boar: and there are also five other wild beasts that are accounted beasts of the chase, that is to say, the Buck and the Do, the Fox, the Martron, and the Rooe: these also the old Foresters were wont to call the beasts of the Forest, and the beasts of chase. And it doth appear by the ancient Laws of the Forest made by King Canutus in his Canon the 27. that all the wild beasts that do live within the Forest, are not accounted beasts of Forest: 
Canutus laws of the Forest: Canon 27.  but only remain of them: for the words are these: Sunt inter alia preter feras Forest●e bestiae quae dum etc. By which it doth appear that there are divers wild beasts remaining in the Forest, that are not properly beasts of the Forest in deed: and yet it is not lawful for any person to kill them: for the kill hunting or hurting of them in the Forest, is Fractio Regalis Chaceae: 
Fractio regalis Chaceae.  which by the Laws of the Forest is punishable, as hereafter it shall be showed. The old Foresters do account that coneys are not at all belonging to the Wood, for that they have animam revertendi: a mind of returning again: and therefore they are not of such nature as the other wild beasts are: but yet it is not lawful for any person to kill them within the Forest without the King's licence. Wild Bulls nor wild Kine are not now in every Forest, nor scant in any Forest in this Realm: and wild Wolves being enemies to the common wealth, are not to be suffered in any place, as heretofore they have: so that they are at this day all destroyed and not remaining in any Forest in this Land.   

The manner how a Forest is made, is this.  
WHen the Prince is minded to make a Forest in any place that is meet for the same: then the King may grant out a commission under his great Seal of England, 
How a Forest is made.  directed to certain discreet persons appointed for his grace for that purpose, thereby commanding them to view, perambulate, and also to mere and bound the place where the King will have the same Forest to be made. And when they have so executed his grace's commandment according to the tenor thereof: 
The King is to have a Forest by matter of record.  and the same being once returned and certified of record into his high Court of Chancery accordingly: & Proclamation thereupon openly made, thorough out all the Shire within the which the same Forest is so made, that after that time, no person shall hunt or chase any manner of wild beasts within the precincts or bounds of the same place so returned and certified of record as is aforesaid, without the King's especial licence for the same. Which said perambulation, Proclamation and certificate of the meets & bounds of the same piece of ground being once returned, and the King entitled to the same by matter of record, doth make the same a Forest, whose land or ground soever the same be, where the same Forest is so made: For it is at the liberty and pleasure of the King, to reserve the wild beasts & the game to himself, for his only pleasure and delight in such Privileged places, where he will have a firm peace appointed for them. And in the very like manner, a writ may go out of the Chancery to the Sheriff of the Shire, to inquire what place is most convenient to make a Forest in: 
Here you may note that every Forest must have bounds, as it doth appear 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 may take them away. And so every man may by search know the true limits and bounds of every Forest: And the like of the Purlew, for the same was once Forest, and afterward disafforested, which is done by matter of Record also.  whereupon the Sheriff shall charge an inquest to inquire of the certainty of the place, & the bounds thereof: & to put the same in writing, & then to certify it into the Chancery: and when the king is thereof ascertained by matter of record: he may send to the Sheriff by letters patents, that he shall then cause it to be proclaimed in the King's name: that the place which he hath so certified, shall from hence forth be a Forest: and that all persons shall refrain from hunting or chase of any of the wild beasts within the bounds of the same.  
And also that the game therein shall be reserved for the pleasure and disport of the King and his nobles only. 
The King is to have every thing by matter of Record. The commandment of the King by word only doth not make the land of his subjects a Forest. In the Kings own lands no man may hunt.  And that doth make the same a Forest: and if the same be made in any other manner than is aforesaid, than it is no Forest: for the King ought to have those matters, by matters of record, and not otherwise. For if the King command by word only that no person shall chase or hunt in certain grounds of his Subjects own lands any wild beasts of venery: this doth not make the same a Forest: neither shall any person be punished for hunting of wild beasts of venery in his own lands: (for such a commandment by word only) by the Laws of the Forest, as if the same were a Forest in deed, where such a person did so hunt: but yet it is otherwise where the same ground doth belong to the King only as his own demesne lands.  
Also if the King do make such a commandment by matter of record, as is before declared: 
Every Forest must have wild beasts of necessity.  yet the same is not a Forest before that wild beasts of Venery be therein: for if there be no wild beasts of the Wood in it, the ground 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 behoveth that the King do appoint certain nesessarie and meet officers, for to take charge of the same: as Verderors, Foresters, Regardors, Woodwardes, Agistors and such like. And before that such officers be appointed, 
What officers do belong to a Forest.  it is not a profitable Forest for the King: for these officers must have the charge of the Vert & of Venison, for the preservation of it. Of which two things, a Forest doth chief concisle, and without the same it can be no Forest. And also it behoveth that every forest have a Court, which is called the Court of Swanimote: for a Court of Swanimote is incident to every Forest: 
A Court of Swanimote is incident to a Forest: and also the court of Attachementes.  even as a Court of Pipowders is incident to a Fair: And yet there are divers places within this Realm, that are called forests, and they have the names of forests, and yet they have not used to keep any Court of Swanimote: but such forests do not seem to be forests in deed, but they are rather Chases than forests: For it cannot be a Forest, unless the same have both a Court of Attachementes, & also a Court of Swanimote beloning to the same.   


The King may make a Forest in the lands or Woods of any other man as it appeareth in the foresaid Red book of the Exchequer in these words: nec interest cuius sunt nemora sive Regis side Rigni, sive procerum.  Who by the Common Law may make a Forest.  
Amongst the learned in the Laws of the this Realm, it hath been always holden for a general opinion, that by the common law, the King may make a Forest in all Woods or Places wheresoever he will within this Realm: aswell within the Woods or lands of his Subjects, as within the Kings own demesne Woods or lands as is aforesaid: 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 have a Forest by especial grant from the King or Prince, under the great Seal of England: As the Duck of Northfoke in times past had: 
A common person may have a Forest by the grant of the King.  And also the Lord of Burga●eny had a forest in Sussex, called the Forest of Saint Leonard's: Also the Duke of Buckingham had divers forests, as the forests of Brecknock, hay, and Cantselly and others: which notwithstanding that they were in their hands being subjects, yet they were Forests still, 
A Forest is a Franches of such noble & princely pleasure incident only to the royal dignity of a Prince: that therefore no person can make a Forest but the King only. But yet a common person may have a Forest by grant from the King, as it doth appear by the recital of the Statute of 22. E. 4, ca 7. For at the time of the making of that Statute, divers persons had forests besides the King.  and of the nature of Forests. And so there are divers noble men at this day that have Forests of their own by the grant of the King or Prince, made to them or to some of their ancestors: and if any affender be found offending in any of those places that are such forests, than they shallbe punished for the same offence according to the laws of the Forest, & according to the quality of their offence.  
It seemeth that in times past, there were divers forests in Wales, 

Exactions by the owners of forests in Wales.  
Strange customs 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 grant of the King jura legalia: by reason whereof those owners of such Forests and their officers did use such extreme dealing towards the people of the country, that divers great misdemeanours and riots did thereby ensue: besides that they had such laws, exactions, and strange customs in those places, as it doth appear by the recital of the Statute of 27. of H. 8. ca 7. that the same act was made of purpose to reform and take away the same. 
Wales was a Principality of itself.  And the reason why the Laws and customrs of Forests in Wales did so much differ from the Laws of the Forest in England is, as it seemeth, because that some time Wales was a jurisdiction of itself before that the same was united and annexed to this Realm by the Statute of An. 27. H. 8. ca 26. And before that time, they have had Princes of themselves, 
The Queen's Majesty hath a royal Prerogative to make a Forest.  which have had authority to make forests and Laws. also concerning the same, which is contrary to the laws of this Realm now: For at this day no man can make a Forest in England but the Queen's most excellent Majesty, because her highness hath that Sovereignty & royal Prerogative reserved only to herself. For as it is proved by the opinion of Master Treherne in his reading upon the Statute of Carta de Foresta, the King of Skotteses, 
Trehernen. in his reading. fo. 3.  although that he be a King or Prince in his own country: yet he neither may make a Forest nor yet have a Forest in England, without the especial grant of the King or Queen of England, because in that respect he is but a subject himself, neither hath he any Prerogative or sovereignty in this land to make a Forest, or to have any Forest here, except the same be by the especial grant of her Majesty. And this much concerning these two points, Who may have a Forest, & who may make a Forest by the common laws of this realm at this day.   

Now at is to be seen what difference there is between a Forest, Chase, Warren and Park.  


The difference between a Forest & a Chase  
The officers of the Forest.  
The wood mo●e court, The Swanimote court.  
The difference between the beasts of the Forest, and the beasts of the Chase  
The beasts of the Forest are called Siluestres.  
The beasts of the Chase are called Campestres.   THe difference between a Forest & a Chase, is, that a Forest hath keepers, Foresters, Verderors, Regarders, Agisters, woodward's, & other officers, & also a Court of Attachementes, which the old Foresters do call The Woodmote, & a Court of Swanymote: and a Chase hath only Keepers or a Keeper, & no court of attachments nor court of Swanimote, nor other officers as a Forest hath. The defence between the beasts of the forest & the beasts of the Chase is said to be this: that the beasts 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 Coverts & secret places in the woods: and in the night season they do repair into the lawns, pastures & pleasant feedings for their food & relief: 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 fields & upon the Hills or high Mountains, where they may see round about them, who doth stir or come near them: And in the night season when every body is at rest, & all is quiet, than they do repair unto the corn fields or unto the lawns, meadows & pleasant feedings for their relief: and therefore they are called Campestres, that is to say beasts of the field, or beasts that do haunt the fields. There are but five beasts of the Forest, 

There are five beasts of the F●●est  
And there are five beasts of the Chase.   and there are also five beasts of Chase, as hath been showed before. Also, a Forest doth most chiefly consist of these three things, vz, of Vert, Venison, and certain particular laws and officers for to see the due exetution of the same. And as concerning the first of them, which is Vert, it is to be understood, that Vert, 
A Forest doth consist of Vert. Venison, and Laws for the purpose. Green hew. Venison. Particular Laws.  which the old Foresters were accustomed to call Green hew, is every kind of thing that doth grow within the Forest and bear green leaf, which may be any succour or covert for the wild beasts to have their secret abiding in. The second thing is Venison, by which is understood all manner of wild beasts of Venery, which are beasts of the Forest, & beasts of the Chase. The third is, certain particular laws which are only proper & belonging to a Forest for the preservation of the same Vert & Venison, & for the punishment of such as are offenders therein. 
A Forest doth contain in it, a free Chase, a Park, and a Warren.  And because that these laws might the better be executed: Every Forest hath certain meet officers for that purpose only, as Verderors, Regarders, Foresters & such like, etc. Also, this word (Forest) is both a general & a compound word, for that the same doth comprehend many things in it. For a Forest doth always comprehend in it, a Free chase, a Park & a Warren, & all these are contained in a Forest: And therefore, if any person do hunt or kill within the Forests any manner of Wild beasts, which are but vermin, 
Fractio Regalis Chaceae, see Carta de Foresta of king Canutus, canon 27.  & neither beasts 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 wild conies in the Forest, he shallbe punished for the same. And likewise, if any person do destroy Partridges or Pheasants within the Forest, he is to be punished: for they are fowls of warren: 
The taking of Fesaunts and Partridges are forbidden by the Statute of 11. H. 7. ca 17.  and the King having the franchise of a free Warren within every Forest, all such fowls & beasts of Warren are by him protected in the same only for himself & his nobles, for his pleasure & princely delight. The King himself may have a Forest, but so can not a common person without a special grant from the King for the same. Also a common person may have a free chase by the grant of the King or Prince, or else by prescription. 
Itinere Northampton. An. 3 E 3. Br titulo Prescription, 57 Vide ibidem quoque, 108.  And it is to be noted that a common person may prescribe to have a park or a warren, in a certain place within his Manor as appendent to the same: as it doth appear in Itin' Northanpt' An. 3. E. 3. & An. 13. H. 7. f. 16 & An. 5. E. 4. f. 18. where all these are holden for good prescriptions, & divers of them are allowed in the Eyre before the justices of forests for good claims. He that hath a Freechase by the king must not use the same for all manner of wild beasts, but only for wild beasts that are beasts 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 etc. which was made in An. 21. E. 3. But such offenders are not to be punished by the Laws of the Forest, as offenders in the forests are.   

Now it is to be seen what thing a Warren is.  
A Warren is a franchises, or privileged place of pleasure only for those beasts & Fowls that are beasts and fowls of Warren, 
Campestres non Siluestres.  id est, tantum Campestres & non siluestres, vz, For such beasts & fowls as are altogether belonging to the fields, & not unto 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 beasts or fowls. There are but two beasts of Warren, that is to say, Hares and coneys. And there are also but two Fowls that are Fowls of Warren, vz, Pheasants & Partridges. And no other wild beasts nor birds have any firm peace, privilege or protection within the Warren. If any person be found to be an offender in any such free 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 etc. For the most part, there are no officers in a Warren, but only the master of the game, or the keeper. A free Warren is sometime enclosed, and also sometime the same doth lie open: for there is no necessity of enclosing of the same as there is of a Park: 
Abuser.  for if a Park be suffered to lie open & not enclosed, the same aught to be seized into the King's hands.   

What a Park is.  
A Park is a place of Privilege for wild beasts of Venery & also for other wild beasts that are beasts of the Forest, and of the Chase, tam siluestres quam Campestres. And all those wild beasts are to have a firm peace & protection there: so that no man may hunt or chase them within the Park without licence of the owner of the same: for if any person shall do the contrary, than he is to be punished by the course of the common law, as by an action of Trespass, which the same owner of the Park shall bring against him that shall so offend, or else such an offender shallbe punished according to the Statute de Malefactor' in Parcis, etc.  
But yet a Park is of an other nature then either a Chase or a Warren is: For a Park must be enclosed and may not lie open: 
Abuser. A Park must be enclosed of necessity, for the same may not be suffered to lie open: for if it do, the same is a good cause of seizure of the same into the hands of the King: and this is called abuser, for that the same is abused from the nature of a Park. Master Hesket in his reading fo. 3.  for if it do, that is a good cause of seizure of the same into the hands of the King or Prince, as a thing that is forfeeted unto the King, and therefore the same is inquitable, as a special thing given in charge at the justice seat of the Forest: as you may see in the xv. Article of the Charge hereafter: And the very like is of a Free Chase, if the same be enclosed which ought to lie open. And it is further to be noted also, that the owner of such a Park cannot by the Law punish offenders or hunters for hunting in the same Park if it do lie open: as Master Hesket affirmeth in his reading of the Laws of the Forest fo. 3. Also there are no such officers in a Park, as there are in a Forest: for in a Park there are no officers at all, but only a Keeper or Keepers, and the Master of the game. And this you may see how a Park doth differ in nature from a Free Chase, a Forest or a Waren: & what difference there is between any of them.   

The words of the Statute are further videantur per bonos et legales homines, etc.  
Now it is to be seen how the Forest shallbe viewed, and by whom 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 Sheriff or Exchetor shall take an inquest to inquire what Woods the King hath afforested that were not the Kings own demean woods.  which shall be directed to the Sheriff, or to the Exchetor of the Shire, or else a commission which shallbe directed to certain persons which the King shall appoint for that purpose: commanding the same commissinors thereby that they shall take an inquest, and by their oaths diligently to inquire if King Henry the Second grand father to King Edward the First, have afforested or made a Forest of any Woods of any other man's, then of his own demean Woods. Then the inquest upon their oaths, shall present what lands they were that so were afforested, (if any such were:) and what damages the parties have sustained by the making of such lands forests: & then the commissioners shall return such presentments into the Chancery: to the end that it may appear by matter of record what lands were afforested by him: 
The King doth not take any thing but by matter of record, nor depart from any thing but by matter of Record.  so that the same lands or Woods as they were afforested at the First by matter of record, they may likewise be disafforested again by matter of record. There is a most excellent Priecident, concerning the Puralies of Windsor Forest, which were viewed & returned into the Chancery, and afterwards disafforested and so became Purl●ew: which I do omit here to set down, because the same is so long that a Quire of Paper will scant contain it: but I have placed the same in the end of this book.   

The words are further: Et si boscum aliquem alium quam suum dominicum afforestavit: ad damnum illius cuius boscus ille fuerit statim deaforestentur.  
IT appeareth by the recital of the Statute in these words: Et si boscum aliquem alium etc. that all such Woods as were afforested by King Henry the Second, grandfather to King Edward the First: (which were not the King's demesne Woods:) to the damage or hindrance of them whose woods they were: that then the same Woods so afforested, 
Lands viewed.  should be viewed as afore said: and after such view, and the certainty thereof known: then they should be disafforested. 
Ad quod damnum.  Now it is to be seen what is the meaning of these words, ad damnum illius evius boscus etc. And for that matter it is to be understood, that if the King do afforest any of the Woods or lands of any of his Subjects, the same is both a great damage and hindrance to him whose Woods or lands the same is that so is afforested: 
The hindrance of him whose land is afforested and in what.  for that the owner of the same is now thereby restrained of his former liberty, and tied to the bondage of the assizes of the Forest: so that he cannot hunt nor chase the wild beasts that do Feed in his own ground, but suffer them to Feed in quiet, by reason that the same place is now within the King's Forest, and so become a Previledge for them by the law: whereas before that the same place was made a Forest: if any wild beasts had then fed upon the same ground: the owner of the ground might have hunted and killed them to his own profit and commodity: Also before that the same was made a Forest, the owner of such ground might have felled his Woods at his own pleasure, without any licence or view of the Foresters, and so have converted the same to his best profit. Also before the afforesting of the same, the owner thereof might have converted his Pasture or Meadows into tillage, to his best commodity: 
He that doth dwell within the Forest may agist his own Woods by the Statute of Carta de Foresta Arricul. 9  And also to have taken the Agistment and Pawnage of his Woods 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 branch of the said Statute doth give that liberty to the inhabitant of the Forest which they had not before: that is to say, that every man may agiste his own Woods, and take the Pawnage of them to their own use: which before the making of the said Statute, the Foresters did claim to have the same to the use of the King only. All which things considered, you may see that for any man to have his Woods or lands afforested is a very great damage and hindrance unto him: 
The bondage of the Forest.  for the inhabitants in forests do suffer a very great bondage more than those do which do dwell without the bounds of the Forest.   

The words are further, Statim deaforestentur.  
SO that all the Woods and lands which were afforested by King Henry the Second, which was grandfather to King Edward the first, after such view & inquisition made, as is aforesaid by the commissioners or vewers: and the same view or inquisition by them returned into the Chancery: 
Lands disafforested.  so that the king may be thereof acertained of the truth of the same by matter of record as is aforesaid: then after such a certificate thereof made by such officers & inquests & perambulations of the very bounds of those lands so afforested: the same is dissafforested & no Forest any more: and then those lands are ever after called Purlieus: 
Lands disafforested Purlieuses ever-after.  because that the same was once Forest, and afterwards disafforested: so that now the same is become free again as it was at the first for every man that is a Puelewman to hunt in his own Purlew: and he is accounted a Purlew man that may dispend forty shillings by the year of free hold: and therefore the same doth take the name of Parlew, that is to say, Purlui, 
Word Purlui.  that is for him and no other person, but he that may dispend forty shillings by the year at the least of free hold.  

The King may disaforest any part of the Forest by his letters Patens.  Also the King may dissaforest any lands that are afforested by his letters patents: as he did to the Abbot of Stratforde for Walewood in Essex, within the Forest of Waltham: which although the same be now at this time Forest, yet the same was once no Forest. And here note that all such land as is so dissafforested, 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 unto him that is no Purlew man: and the same is Free (Purlui,) only for him that is a Purlew man: 
What is meant by Purlui, Purlieu, Puraler.  there is Purlui, Purlieu and Puraler: Purlui, for him, that is to say, only for him to hunt that may dispend forty shillings by the year: Purlieu, that is to say, 
The wild beasts of the Purliew must have 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 hunt, or else he is no Purlew man there: Puraler, that is to say, to go and come: so that if a man be a sufficient Purlewman in the same place where he doth hunt: yet he may not forestall or foreset the Dear, but he must hunt the wild beasts so, that if they have a mind of returning to the Forest again, they may as the word is (Puraler, 
A case. ) go home to the Forest again if they can escape and over run the Greyhoundes being put on after the game. 
The grantee of the King may have a Forest with forester's etc.  And if the King which hath a Forest with all the incidentes, do grant the same to another man: then the grantee shall have the same Forest with all the officers and incidentes belonging to the same, which cannot be severed, as keepers, forester's Agistors and Woodmen: as it appeareth by Master Treherne in his reading of the Laws of the Forest, fo. 4. But quere of Verderors and Regardors, 
A justice of the Forest must be made by the King under the great Seal of England.  for they are chosen by the King's writ. But such a grantee shall not have justices in his Forest, saith Master Treherne: for no man can have a justice in his Forest but the King only: for such a justice must be made by the King's commission, under the great Seal of England. Before the making of the Statute of Carta de Foresta, there was no Law certain 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 forests, 
The beginning of the Forest Laws.  until that King Canutus and others did make certain Canons and Constitutions, for the maintenance of Vert and Venison, which afterwards by continuance of time, such Constitutions were taken for a law, and such laws were not certain neither, 
The beginning of Forest Laws.  before the making of this Statute law of Carta de Foresta: But the Laws of the Forest were always differing from the Laws of this Realm, as it doth appear in the book of the Exchequere aforesaid, where it is written as followeth: Sane Forestarum Lex, ratio, 
Libro Rubro Scaccarii.  pena quoque vel absolutio delinquentium. sive pecuniaria fuerit sive corporalis scorsum ab alijs regni judicijs secernuntur. 
Here you may note that offenders in Forests, before the Statute of Carta de Foresta, were punishable at the will & pleasure of the King only.  Et solius regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati subiecitur, legibus quidem proprijs subsistit, quas non jure communi sed voluntaria principum Institutione subnixas esse debent adeo ut quod per legem eius factum fuerit non justum absolute, sed justum secundum legem Forestae dicatur, quia in Forestis penetralia regum sunt & eorum maxime deliciae, ad has quidem venandi causa curis quandoque depositis accedunt ut modica quiet recreentur illic Serijs simul & multis Curiae tumultibus omissis in naturalis libertatis gratiam paulisper respirant, unde sit ut delinquentes in ea soli regie subiaciant animaduersioni, which in English is this: Truly (saith the said Book) the Laws of the Forest: the reason, and punishment: the Pardon, or absolution of the offenders, whether the same be pecuniary or corporal, it shallbe differing from other judgements of the Laws of the Realm, 
By this it appeareth that the Lord chief justice of the Forest, hath always been one of the noble men of this Realm.  and shallbe subject unto the judgement of the King only, to determine at his will and pleasure, or of some of does Nobles thereunto especially appointed for that purpose, which foresaid Law, reason, punishment, and pardon shall not be tied to the order of the Common Law of this Realm, but unto the voluntary appointment of the Prince, so that, the same which by his Law in that behalf shallbe appointed or determined, shall not be accounted or called absolute justice or Law: but justice or Law according to the Laws of the forests: Because that in the forests there are the secret pleasures and Princely delights of the Kings: For Kings and Princes do resort to the Forest for their pleasure of hunting, having for that time laid aside all cares, to the end that they might there be refreshed with some quiet, being wearied with the continual business of the Court, they might (as it were) breathe a while for the refreshing of their free liberty.  
And thereupon it cometh to pass, that such offenders in forests, for their offences are subject unto the only judgement and determination of the King: And so before the making of the Statute of Carta de Foresta, and always since unto this day the Law of the Forest did differ from the Common Laws of the Realm: And by this Statute the Laws of the Forest which were not certain before, are now by the same made certain in most things. And whereas this Statute was defective, the same hath been since supplied by other necessary Statutes, as you may see here before.  
And whereas the words before rehearsed are, Et solius Regis arbitrio seu cuiuslibet familiaris ad haec specialiter deputati, It doth appear that the Office of the Lord chief justice of the Forest is a place both of great honour and of high authority, and that the same place is to be executed by some great Peer of the Realm that is always one of the Kings most honourable privy Counsel. 
The authority of the Lord justice in Eyre.  And then when that any such noble person is made Lord chief justice in Eyre of the Forest by the kings especial Commission, he hath by that as great authority as any other justice in Oyer hath and more: For than he may punish all trespasses of the forests, according to the Laws of the Forest. 
A man may prescribe to have waif & stray, but not felons goods.  And he may hear and determine all the Claims of the liberties and franchises which be within the Forest: as to have Parks, Warrens, and Vivaries: And also of them which do Claim to be quite of assartes and Purprestures, & of them which do Claim leets, hundreds, felons goods, waifes and fugitives, and other liberties within the Forest: and likewise of them which do Claim to keep Hares and other beasts of the Chase within the Forest. For by lawful and good Claims men may justify the doing of many things within the forest, which otherwise were unlawful. But those Claims must be such Claims as I have showed before that have been allowed before the justice in Eyre within the time of Prescription.  
The diversity between the justice of the Forest and justices in Oyer at large, and other justices, is, that the justice 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 party indicted shall not traverse it, because he is presented by more persons than by twelve: and that is a condemnation against him. But the justices in Oyer, and other justices of the peace, if they do determine such Trespasses done in forests, (which by the Law they cannot do:) which is presented before them by way of indictment: then the parties so indicted shall have their traverse allowed them, which they shall not have of the inditement taken in the Swanimote, and tried before the justice of the Forest.  
Those which be justices of the Forest, when they have their Commission from the King, 
The warrant of the Lord, justice in Eyre to warn the Sessions of the Forest.  for the keeping and holding of the justice Seat there: they shall make their warrant and Precept to the Sheriff of the Shire, within the which the same Forest is, where the justice Seat shall be holden, which said Precept is in these words: Thomas Lovel nobilis ordinis garterij Miles justiciarius Itinerans omnium Forestarum Domini Regis in Anglia tam citra Trent quam ultra, Vic' Essex salutem ex part 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, & eorum liberi tenentes qui terr' aut tenementa habent infra metas Forestae domini Regis de Waltham in Com' Essex & de qualibet villa & villata infra easdem 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 justiciario Itineranto vel meo in hac part deputato audituri & factur' ea quae ad placit' Forestae ibidem pertenent. Et ulterius tibi precipio quod totam ballivam tuam, videlicet, tam in Burgis & alijs villis quam in Ferijs, 
The general 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. justiciar. aut meo in hac part deputato die & loco praedictis ostensuri quas libertates habere clament. Et omnes attachiati pro virid. & venatione infra forestam praedictam post ultimam placit forestae tenent. ac eorum pleg. & manucaptor habuerent diem per manucaptionem coram justiciar. Domini Regis, Itinerant proxim illic venient. quod adtunc sint ibi coram me praefat. justiciar 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 breve, Teste, etc.  
Also, when that the justices of the Forest have obtained their Commission at the hands of the King to hold their general Sessions for the Forest. It is to be understood, that when they do make out their Write of general Summons for to Summon and command all manner of persons to appear there where the same is to be appointed by the said writ in such manner and form as is before declared, they must by the order and course of the Law, of very necessity give unto these officers and others that are to appear there, a day of reasonable warning by the space of forty days at the least, to hold their Sessions in, in the same manner as the justices in Eyer at large do make: 
Forty days warning.  and they shall hold Plées of quo warranto, as the other justices do: and that is the general Summons that the Statute of Carta de Foresta doth speak of. And there is also another kind of general Summons, which the justices of the Forest shall cause to be made by directing of their warrant to the chief Warden of the Forest, which warrant is in the form as followeth.  
Thomas Lovel nobilis Ordinis Garterij miles justiciaries itinerans omnium Forestarum domini Regis in Anglia tam citra Trent quam ultra: johanni de Vere comiti Oxon. 
The writ to the chief warden.  custod'Forestae domini Regis vel eius locum tenent' in eodem salutem ex part dicti domini Regis vobis mando ac firmiter iniungentes quod venire facias coram me prefat' Iusticiar' apud Waltham die Lunae proximum post festum Sancti Petri Apostoli prox. futur. omnes Forestarios, Veridarios, Regardatores, Woodwardoes, ac alios ministros eiusdem Forestae qui nunc sunt et qui post ultimam placit' Forestae predict. tent' fuerunt et eorum quemlibet, cum omnibus rotulis scriptis minumentis et attachiamentis Forestae tam de viride quam de venatione quae post ultimam placitam, illa emersa, et non determinat. extiterunt: facias Regardatores Forestae qui sunt et qui post ultimam placitam predict. tent' ibidem fuerunt cum omnibus regardis suis per idem tempus factis et irrotulatis: faciasque 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 tenente ad predict' diem et locum ostensur' quomodo clamant habere libertates franchesias seu privilegia et quo waranto et quod vos sitis ad tunc & ibidem cum nominibus omnium predict' ministror' et hoc breve nobis remittente, teste etc.  
It appeareth by this writ, that the authority of the justice of the Forest, doth differ from the authority of other justices in Eyer, for the justices of the Forest may make their deputy or Lieutenant to execute their office and place, 
The justice of the Forest may make a deputy by the Statute of 32. H. 8. ca  and so cannot other justices 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 seemeth that the justices of the Forest could not make a deputy or Lieutenant to execute their place or office: for as much as the same is a judicial place of authority.  
And if the King which hath a Forest with all the incidentes unto the same: & he doth grant the same unto any other person: the grantee shall not have the justiceship of the Forest by the same grant: nor he shall not have a Court of Swanimote in the proper nature of the same: for if such a grantee do keep a Court of Swanimote for his Forest: he cannot do any thing in the same but take presentments against offenders, as they do commonly use to do in the Court of Attachementes: & the reason is, because that the grantee by such a grant, cannot have Verderors nor Regardors, for they are chosen by the King's writ: and there can be no proceedings against offenders in Forests in the Court of Swanimote, 
Treherne in his reading of the Laws of the Forest fo. 7 Master Hesket in his reading of the Laws of the Forest fo. 7.  without the Verderors and Regardors: And again it shallbe in vain to have a Court of Swanimote and such officers in a Forest as is aforesaid: if he may not by the Law have a justice of the same Forest, that may cause justice to be executed of such presentments against such offenders: but yet such a grantee as is aforesaid, by the same grant may have Foresters, Agisters and Woodwardes, for the safe keeping of his Vert and Venison: as it doth appear by Master Hesket in his learned reading of the Laws of the Forest, 
A Forest in the hands of the King: but a Chase in the hands of another man.  fo. 7.  
But if such a grantee chance to have any trespass done in his Forest by offenders in the same, he may very well have his remedy against them by an Action at the common Law: and so the common Law hath not left such a grauntee unprovided of his remedy against such offenders: and because that such a grantee doth want some part of the authority of a Forest by such a grant as is aforesaid: 
A Forest in the hands of the King, may be a Forest in the hands of another by the King's especial grant Note the difference.  therefore the same Forest is not properly a Forest in deed, but rather a chase being in the hands of such a grauntee: and yet the same was a Forest in the hands of the King: But if the King by his letters patents, do grant a Forest to any of his Subjects, and by the same his letters patents he doth give and grant unto the grantee full power and authority to make a justice of his Forest, and to have all the officers of a Forest, as is aforesaid: as Verderors, Regardors, etc. (which is jura regalia in that defalse:) then such a grauntee may well have the whole authority of a Forest in his own proper nature: and then the same Forest doth continue a Forest still in the hands of such a grauntee, by reason of such a grant only. Note the difference.   

Whereas the words of the Statute of Carta de Foresta Articulo Secundo are homines vero qui manent extra Forestam non ven●ant de cetero coram justiciarijs nostris de Foresta per communes Summonitiones: nisi sint implacitati vel plegij alicuius vel aliquorum qui Attachiati sunt propter Forestam.  
Now it is to be seen what persons are compellable by this Statute to appear before the justices of the Forest by this general Sumons mentioned in the branch of the same Statute. And it is to be understood, that before the making of this Statute of Carta de Foresta: the Law of the Forest was, that all men within the County, aswell those that did dwell out of the Forest, as also all those that did dwell within the Forest, were bound to appear before the justices of the Forest, by this general Sumons, when they did hold their Eyer or Sessions of the Forest in that County: and all Earls, Barons, Knights, Fréeholders and others, were bound to appear before the justices of the Forest, by this general Sunio●s, at their general Sessions before the making of this Statute as it doth appear 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 volverint defendi ne incidant in manum Regis ad placitand'placitā de Forestis suis vel ad alia negotia faciend'in come. And also the same is affirmed & proved by the words of the Statute, uz, de cetero which is, that from henceforth no man that doth dwell within the Forest shallbe compelled to come before the justices of the Forest by this general Sumons of the Forest: by which word from henceforth it is plainly noted and showed unto us that before the making of this Statute, all persons that did dwell without the Forest, within the same County, were then bound to appear before the justices of the Forest, by the general Summons, which was a very great vexation and trouble to all persons which did dwell without the bounds of the Forest, to give their attendance there during all the time of the Sessions. 
The reason of the making of this Law.  And it doth seem that one principal cause of the making of this Law was: that for as much as K. Henry the Second, grand father to King Edward the First, had afforested the Lands and Woods of divers persons which were not the Kings own demesne Woods: (as it doth appear by the first Article of this Statute: and all those are there appointed to be dissafforested again, and so to be put clean out of the Forest:) Now this second branch or Article, is as it were an especial provision 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 bounds of the Forest, should not be compelled to come before the justices of the Forest at their general Sessions by this general Summons as they were wont to do, unless that they be Pledges for same other person that is an offender: or that they be there impleaded for any plea of the Forest: or that they be attached by any Minister of the Forest to appear before the justices for the same offence of the Forest. And it is to be understood that this branch of the Statute is divided into two parts (that is to say,) 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 appear before the justices of the Forest by reason of the general Summons, notwithstanding the words of the Statute aforesaid.  
And again in some cases, they that do dwell within the Forest shall not be compelled to appear before the justices of the Forest by the general Summons, notwithstanding the words of the Statute aforesaid: And in some cases they shall appear by other Process than by general or common Summons. And as concerning the first division which is of those that do dwell out of the Forest, and yet they are compellable to come before the justice of the Forest, by this general or common Summons: notwithstanding the words of the Statut aforesaid. It is to be understood that if any person which do dwell out of the Forest, have any liberty or franchises within the forest, for the which he is to put in a Claim before the justices of the Forest: then such a Foreigner or dweller out of the Forest, must of necessity appear before the justices of the Forest, must of necessity appear before the justices of the Forest, by this general or common Summons & there to prefer his Claim for the same liberty or privilege at the first day of the Sessions of the Forest: (notwithstanding the words of the said Statute:) or otherwise his Claim shallbe seized into the hands of the King: for non Clamer of the same. 
Non clamer, is cause of seizure  And in like manner it is if one that doth dwell out of the Forest have a profit aprender out of any land within the forest, or any office within the Forest, or any other Privilege or liberty: then he must of necessity appear before the justices of the Forest, at the first day of the Sessions, & there put in his Claim for the same: and so he is bound to take notice of this common or general Summons, and thereby to appear, although that he doth dwell out of the Forest: (not withstanding the words of the Statute aforesaid:) or else the same office, privilege or liberty, shall be seized into the hands of the King for non Clamer of the same. So it is if a man have 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 peradventure resiant and dwelling out of the Forest at the time of the Summons of the Sessions of the Forest: yet notwithstanding such an owner ought to appear before the justices of the Forest by this common Summons: 
Master Heskent in his reading, fo 7.  (notwithstanding the words of the Statut aforesaid:) as it appeareth by Master Hesket in his learned reading of the Laws of the Forest.  
And now, as to the Second division of the said Statute, concerning those that do dwell within the Forest: and yet they shall not be compelled to appear before the justices of the Forest upon the common Sommos aforesaid: It is to be understood, that all manner of persons dwelling within the Forest, and being under the age of 12. years: although that they be inheritors of lands within the Forest: yet they are not compelled to appear before the Lord chief justice in Eyer of the Forest, at the general Sessions: by reason of this common Summons aforesaid.  
And in like manner, all manner of persons that are dwelling within the Forest, being either Lame, Sickly or else blind: they are not to be forced to appear before the Lord chief justice in Eyer of the Forest, by this common Summons aforesaid.  

Vide the Statute of Marlebridge. An. 52. H. 3. ca 24.  And all manner of persons that are of the age of 70. years and upwards: they are not to be forced to appear before the Lord chief justice in Eyer of the Forest by this general Summons, although that they do dwell within the Forest: (notwithstanding the words of the Statute aforesaid:) for they are provided 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 employed in the service of the King in some other place, so that he could not by reason thereof appear before the Lord chief justice in Eyer of the Forest, he may have his writ called Warrantia diei for to excuse his appearance before the justice of the Forest.  
If any archbishop or Bishop have lands within the Forest: the said archbishop or Bishop himself in his own proper person, shall not be forced to appear before the Lord justice in Eyer by reason of the general or common Summons: 
Heskent. fo. 8  and yet note the words of general Summons are these: Precipio quod Summoneas 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 etc. But all spiritual persons are exempted to be compelled to be put in juries by the Statut of Marlebridge ca 24. But yet their Free tenants shall appear by reason of this general Summons, 
An. 52. H. 3 ca 24  if they do dwell within the Forest, or else they shallbe amerrid,  
Also all Earls and Barons which have lands within the forest, and they do dwell out of the Forest: they themselves shall not be compelled to be before the Lord justice in Eyer of the Forest, by this general Summons: 
Treherne in his reading, page. 8.  but it shall suffice if their Free tenentes do appear there, although the words of the writ be to Summon the Earls themselves, et eorum liberi tenentes: as it doth appear by Master Hesket in his reading fo. 8. but Knights and ●l ●ther Free tenants which do dwell within the Forest they shallbe forced to appear before the Lord justice in Eyer of the Forest, by this common Summons: 
Master Hesket in his reading, fo. 8.  or they shall be put in inquests there: so shall not Earls, Barons, nor other Lords of high estate, for they shall not be compelled to be sworn upon enqu●stes themselves for any manner of trial there: And the l●ke Law is for w●men that are frank tenants within the Forest, for they themselves shall not be compelled to be put upon any inquests.  
Furthermore the Servants of any man dwelling within the Forest, shall not be compelled to appear before the justices of the Forest by this general Summons mentioned in this Statut: for it shallbe sufficient for the Master of such a Servant himself to appear and not his Servant: quia illi sunt sub manu pastu alterius coram justiciarijs nostris de Foresta.  
But all Archebishopes, Bishops, Abbots, prior's, Earls and Barons, and all other of what estate or degree soever they be, which do claim any liberties, freedoms, previlidges or other Free customs within the Forest: they must appear before the justice of the Forest by this general Summons, to make their Claims for the same, or otherwise the same liberties, freedoms and customs shallbe sey●ed into the hands of the King for non Clamer of the same: but they need not to appear 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 lands within the Forest: and although they be Spiritual persons and do dwell out of the Forest: yet they shall be compelled to appear before the justice of the Forest at the general Sessions of the Forest, by ●h●s general Summons, notwithstanding the words of the Statute are, qui manent extra Forestam: for although that they do dwell out of the Forest, yet because that they have lands within the Forest, the law doth account them resiant where their land is in that respect: for otherwise the Sessions could not be holden, 
What persons shall appear in proper person, and what persons by Attorney.  nor justice done in the trial of liberties and other things there concerning the Forest. And it is to be understood, that all manner of persons that do dwell either within the Forest or out of the forest, if they are to appear at the justice Seat or general Sessions by any such Summons in respect of their Lands that they have within the Forest to serve there upon inquests: then those persons are to appear in proper person only, and not otherwise.  
And all manner of persons which do appear before the justice of the Forest, to make any Claim there for any manner of liberties or privilidges: those persons may appear there either in proper person, 
Those that do make any claim may appear by Attorney.  or by their Attorney, whether they will at their election. I do find by the assizes and Iters of the forests of Lancaster and Pickering: that men that are impleaded for trespasses which are done in the forests, may make their appearance in four sorts, which are as followeth.  
Sometimes 

In proper person.  
By Attorney.  
By Garden.  
By Prochein amy.    
IT seemeth by Master Hesket in his reading of the Laws of the Forest: that upon any Bill, presentment or Indictment for trespasses done in the Forest, the defendant may appear by an Attorney, or in proper person at his election to answer the same trespass. But I do think that he doth mean by that appearance by an Attorney, to be at the Court of Attachementes, or at the Swanimote Court, and not at the justice Seat before the Lord chief justice in Eyre. For as I do take it, every offender that is bound to appear there to answer any trespass of the Forest, he must appear in proper person, and not by any Attorney: For although the same be but a trespass, yet in this trespass the King is a party: 
20. E. 3.  and it is holden for Law in 20. E. 3. fo. that in trespass where the King is a party: the defendand must appear in proper person, and not by Attorney: and so a difference is there taken. And also all offenders that are bound to appear at the justice Seat, which have been presented at the Swanimote Court before as they ought to be, they do stand convicted in Law: so that they are then past answering of their offence in that place. But if any trespasser in the Forest after the Court of Swanimote was holden, and before the justice Seat be kept, have done a trespass in the Forest in Vert or Venison: 
In proper person.  and the same being presented at the justice Seat before the Lord justice in Eyre of the Forest: & the same offender hearing of it, doth repair to the same justice Seat, and there doth appear in proper person gratis: he may then traverse the same presentment if he will: For as yet this shall not be said to be presentatumper Forestarios et convictum per viridarios, 
By an Attorney.  unless 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 appear by an Attorney if he will: & so by his Attorney he may be allowed his traverse to the presentment against him.  
If an Infant be impleaded for any trespass of the forest, before the Lord justice in Eyre of the Forest: the same Infant may appear in proper person at the same justice Seat, 
Per Garden.  & there declare unto the court that he is an infant within age: and pray the said Lord justice in Eyre that I. P. may be allowed his Garden to plead for him in this case: which the court will allow him so to do, or else in this case, if the infant do not appear himself in proper person, but doth send the said I. P. which declareth unto the court that William Blunt which is here impleaded is an Infant within age: and prayeth that he may be received as his Garden to plead for him: Then the Court will admit him thereunto.  
And in like manner it is where an Infant having chosen his Garden, 
Per procheine amy.  which Garden is sick or otherwise will not or cannot appear at the justice Seat before the Lord justice in Eyer of the Forest, to answer for such an Infant that is there impleaded before the Lord justice in Eyer of the Forest: Then if the said Infant do appear before the Lord justice at the said Court, and there prayeth that john Astile may be received for him as his Prochenammy to plead for him, the Court will receive him thereunto.  
But it seemeth that all those that are mainprized or bailed until the general Sessions of the Forest: they must of necessity appear in proper person before the Lord justice in Eyre of the Forest, And not by Attorney, nor by Garden, nor by Prochen amy, by reason of the said general Summons.  
If a man attached for a trespass of the Forest, do find pledges to appear at the nexe general 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 trespass do appear by common Summons, but not the defendant himself: then the Pledges shall be imprisoned for that default of the defendant, until that they have made fine for that default of the defendant: 
The difference between a fine and a mercement,  But otherwise it is, if the defendant himself do appear and be re●dy in the Court before the Lord justice in Eyer, to receaive his judgement & to pair his fine. But if such Pledges do make default, in that case the Pledges shallbe amerced, but not fined. But if the Pledges, that be Pledges for him, be bound in a certain sum of Money for the appearance of the defendant: then if the defendant do not appear himself at the general Eyre of the Forest by the common Summons, although that his Pledges do appear there, & do also allege some reasonable excuse for him: yet notwithstanding those Pledges have forfected the sum that they were so bound in, by reason of his default.  
But the King in that case shall not have execution against them of that sum presently, but only a Scire facias against those Pledges to answer the King: S●rien point dire, why the King should not have execution of the said sum against them: and then if they have any matter to plead to save the default of the defendant: they may plead the same or any other matter that they will in Bar of it, although that the dafault do appear by matter of Record: for in every case upon a Scire facias, the defendant may plead any special matter in avoidance of the same, 
Bail & mainprize.  as he might do upon any other original process. And note that there is a great diversity between Bail and Mainprize: for he that is maynprised is always said to be at large, & to go at his own liberty out of ward, after that he is let to mainprize, until the day of his appearance, by reason of the said common Summons or otherwise. But otherwise it is where a man is let to bail to four or two men by the Lord justice in Eyre of the Forest, until a certain day, for there he is always accounted by the Law to be in their ward and custody for the time: & they may if they will keep him in ward or in prison all that time, or otherwise at their will: So that he that is so bailed, shall not be said by the Law to be at large or at his own liberty. And this manner of Bail is, when any man is attainted of a trespass in the Forest, and is taken in execution of the same: then the Lord justice in Eyre of the Forest, may let him to bail as is aforesaid: and the form of the entrée of that bail is I.S. tradietur in balliwm: et S. corpus pro corpore usque ad etc. and in this case mainprize doth not lie: But he that is either bailed or maynprised, he must be in proper person: and the Lord justice in Eyre of the Forest himself is only to let an offender in the Forest attainted to bail as is aforesaid, & not the Sheriff nor Jailor nor any other officer of the Forest, but the chief Warden of the Forest may let a trespasser o● the Forest to mainprize by the words of the Statute of An●o 1. E 3 Cap. 8. But he cannot deliver a man attainted of a trespass in the Forest to bay●e, as is aforesaid. Note the difference: 
1. E. 3. ca 8.  Et nota q●e cest parol mainprize est intent, quasi manu captus et liberatus ad largum usq. ad diem, et cest parol bail est intent, quasi traditus in ball●nū ad saluum custodi●nd'semper in eorum custodia quibus tradietur usq, ad diem. Quod nota. 
Hesket. fo. 11.    

The words 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 tempore prime coronationis regis Henrici avi nostri, ita, quod quieti sunt imperpetuum de omnibus Purpresturis vastis et assartis factis in illis boscis post illud tempore usque etc.  
THe scope of this Article is in effect but assurance of the common Law in this point, that all men that have Woods within the Forest, shall from henceforth have those Woods as they were wont to have and use them. And then afterwards it goeth further and extendeth to a general pardon for all manner of Purprestures, Wastes and assertes, that were before that time made or done in their Woods within the Forest until the beginning of the Second year of the Reign of King Henry the third, 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 Woods within the Forest, without the King's especial licence so to do: that then they shall answer the King for those wastes, 
Assisa Forstae Articulo 4.  purprestures and assertes: By which you may note that by this branch of this Statute, Purpresturs', wastes and assertes in forests are forbidden, for they are punishable and finable: so that therefore you may note by this Statute, that if the King shall afforest any Woods or lands of any of his Subjects, for the safe keeping of his wild beasts of Venery for his only pleasure and disport: that then after the same is so afforested, it is not lawful for any person to cut down or destroy their own Woods within the Forest, without the licence of the King: For if it were lawful for men that have woods within the bounds of the Forest to destroy and cut down their Woods at their pleasure: then by that means they might in very short time make the Forest no Forest at all, for if they might be suffered to cut down their Woods in the Forest, and to destroy them. Then by that means they should drive all the Dear out of the bounds of the Forest to seek for Woods and Coverts for to secure them in out of the Forest where every man would kill them at their pleasure: which were against all reason, that he that hath the charge of all the Realm and the public weal thereof for our defence, should not have that prerogative to reserve unto himself such things as are meet for the pleasure of a Prince in such places as they may be found for his consolation and comfort, but all manner of wild beasts, of what kind soever they be, if they be found at large out of defensive places, as out of Forests, Chases, Warrens, parks, and Purliewes, then Capienti conceditur, that is, they shallbe said to be theirs that can take them: But so long as they are in such defensive places they are the kings or the owners of the ground, as it hath been showed before, fo. 61. 
Ante fo. 61.    

Now because the words of the Statute are: Et qui de cetero vastum Purprestu ram vel assartum sine, etc.  
IT is necessary to see what thing Purpresture is, & what thing Assart is, and also what is Waste. 
Purpresture.  And therefore it is to be understood that purpresture is most properly where any man doth usurp or wrongfully meddleth with any thing that he hath no right, 
3, Branches of Purpresture.  title or warrant by the Law to have or to meddle with the same: and there are three branches of them: (that is to say) Purpresture against the King and a common person.  
Purpresture against the King and the common weal.  
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 certain close in the King's forest, lying upon the waste soil of any Lord of a Manner: and he that is owner of the same close, doth encroach upon the waste soil of the same Lord: and so thereby enlargeth his own ground, and taketh in the waste soil of the same Lord which he hath no right nor title so to do: this is Purpresture against the King to new enclose ground that was not enclosed before: & so thereby the King's wild beasts are restrained of their Free passage more than they were wont to be: and this is also Purpresture against the Lord of the Manner: for as much as the said owner of the close hath wrongfully taken in and enclosed the waste sail of the said Lord of the manner.  
2 Purpresture against the King and the common weal 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 King's Forest: so that by reason thereof the King's subjects nor his Deer can have their quiet & Free passage as they have had in times past: this is Purpresture against the King, and also against the Common weal: for as much as the same is an annoyance to all the Subjects of the Kings.  
3 Purpresture against the King only is, where any person within the Forest of the King doth build a dwelling house or any other house where there hath not been any house before that time, although the same be in his own ground, if it be done without the licence of the King, or the Lord justice in Eyre of the Forest: this is a Purpresture done against the King, for that the same is a new encroaching of a thing that was not before: and every such new erecting of any house in the Forest is Purpresture: for the same is ad terrorem ferarum, and ad nocumentum ferarum.  
And so you may see that where any man doth encroach any thing unto himself being within the Forest, either upon the King or upon any other person without any good or lawful warrant for the same, than the same is called Purpresture: and if any man with out good warrant or title do take upon him any jurisdiction or franchise within the Forest: that is a Purpresture of the Forest. Also if any man do hold any Fair or Market without the grant of the King or lawful prescription: the same is Purpresture. And the very like is, if any man do take in or enclose any of the waste soil of the King within the Forest: or do build any Swynecoat or hovel upon the waste soil of the King or any other man, or upon his own ground where there hath not been any before that time, the same is Purpresture: invenies in libro rubro Scaccarij titulo Accidentibus quod Purprestura fit interdum per negligentiam vicecomitis vel ministrorum regis, 
unde dicitur Purprestura.  vel per continuationem in longa tempora vel bellicam tempestatem, ut qui habitant prope fundum coronae vel adiaciantur, aliquam eorundem portionem sibi usurpant et suis portionibus ascribant cum autem perlustrantes judices per sacramemtum legittimor' viror' compartum fuerit, apreciantur et vic. traduntur unde seorsum respondeat et hanc dicimus Purpresturam vel occupationem, iniustam.  
And it appeareth by Glanuil in his book de legibus Angliae in titulo de Purpresturis: that Purpresture is properly when any thing is taken or done by wrong upon the kings high way: as in stopping or turning of the common Water course from their right course. Or when any person doth set up a House in the king's City upon the King's ground. And so generally, when any thing is by wrong encroached upon the King or his tenants, the same is Purpresture: and all such Pleas saith Glanuil do belong to the King's Crown. The pain thereof is, that the offender shallbe grievously amerced, and the Purpresture shallbe destroyed or else arented at the will and pleasure of the King. But if the King will have the same to remain still: then the value thereof shallbe inquired by an inquest: and so the King shall be answered of the value thereof. But it appeareth further by the said book: that if any such offender be dead, his heir shall not be charged of the amercement. And this much concerning Purpresture.   

Now it is to be seen what is meant by this word Assartes: And what by this word Waste.  
ANd for that it appeareth by the said red book 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 subvertitur et excolitur: So that it appeareth by these words, that if any Woods or Vnderwoodes, or other coverts of the Forest: as Heath, Broome or Fearne and such like be cut down & plucked up by the roots: so that the bushy lands or Woods or coverts, be thereby made plain and become arable land or pasture: 
M. Hesket. fo. 20.  Then that is called assartes or land assarted: although that the owner of the same receive no profit by it. And it is said for Law by Master Hesket in his learned reading of the Laws of the Forest: that if a man have meadow or Pasture lying within the great Covertes of the Forest, where the wild beasts have their continual haunt & rest: if he do convert the same to tillage, than the same is assartes also, and shallbe called land asserted.  
But if the same Meadow or pasture dolye within the Forest of the King, and yet out of the great coverts of the Forest, and the owner of the same doth plough it and convert the same Meadow or pasture into tillage: 
A Wast of the Forest.  Now this is not assartes or land assarted: but this is land wasted, and shall be called a waist of the Forest. But a waste of the Forest is most properly where any man doth cut down his own woods within the Forest, without licence of the King, or of the Lord chief justice in Eyer of the Forest. And if, afterdwardes the same owner of the ground having so wasted the same as is aforesaid, do dig and pluck up the roots of the same Wood & Trees out of the ground, and so make the same covert a plain: then that is assartes, and shallbe called land assarted. And so you may see that a man may make both assartes and waist upon one and the self same piece of ground. And note that the punishment of such offenders for assarting and wasting of their lands within the Forest, is, that they that are convicted of those offences shall pay to the King grievous amercement for the same.  
Some men do hold an opinion that the difference between Purpresture and assartes is, that Purpresture is made upon the King's ground only: and assartes upon the land of another man. But that is not so: for a man may commit Purpresture & assartes also, aswell in the lands and Woods of the King, as in the lands and Woods of other men. 
Carta de Foresta, Artic. 4  And Econtraria, Purpresture and assartes may be made aswell in the lands and Woods of other men, as in the lands and Woods of the King. And that is proved by the words of Carta de Foresta Articulo 4. where the king doth grant that all the Subjects of the Realm shall have their Woods within the Forest, as they had them before the making of the same Charter.  
And also doth there grant further unto them a pardon for all Purprestures, wastes and assartes, made and done before the making of the said Charter in their own Wood: For the words are there habeant boscos suos, that is, they shall have their own Woods. And afterwards the words 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 Woods and lands 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 Master Archer in his reading of the Laws of the Forest, 
Assisa & Consuetudines Forestae, Vide this Statute ante, Pa. 23- in Latin, and in English, Pag. 36.  which I do greatly marvel at. For it doth also most plainly appear by the assizes and customs of the Forest, made in Anno 6. E. 1. Articulo 4. in these words: Si quis inventus fuerit in dominico domini regis assertando, vel purpresturam faciend'corpus debet reteneri, si antem extra dominicum infra rewardum debet poni per 6. pledge. etc. By which words of the Statute it doth appear, First, that assartes and purpresture also may be made and done in the demesne lands and woods of the King: and therefore the Statute hath an especial manner of proceeding and punishment appointed for the same only, differing from assartes and purprestures that are done in the lands and Woods of other men. And Secondly, that assartes and purprestures may be made and done in the lands and woods of other men also: and therefore the same branch hath there set down a manner of proceeding and punishment differing from the proceeding & punishing of those that have made assartes and purpresture in the demesne woods and lands of the King. Then Ergo it is not the land of the king that doth make the difference between assartes and purprestures, seeing that both assartes and purpresture are aswell in the lands of other men, as in the lands of the King: and so to conclude in both.  
But surely the true difference between purpresture and assartes in deed is this, that purpresture is a wrongful encroaching of a new thing upon the King only, or upon the King and a common person that was not before. 
The difference between purpresture and assartes.  And assartes is the converting of any covert in the forest into earable land: as if a man do destroy his woods and dig them up by the roots, and so convert the same into tillage, this is assartes as hath already been showed before.   

The words of Carta de Foresta Articulo, 4 are further: Et de vastis, purpresturis et assartis nobis respondeant.  
NOw it is to be seen how the King shall be answered of such wastes, assertes and purprestures, and by whom. And therefore first of all, it is to be understood, that the king must be answered of such offences in this manner, that is to say, 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 convictum per viridarios, and afterwards when such indictmentes or presentments be certified before the justices of the Forest: then they shall make out process against such as be indicted, as is aforesaid. And when they do come before the said justices of the Forest, by reason of such process: then they shall make their fine for the same offences that they do stand so indicted of and attainted, at the discretion of the justices of the Forest, without any answer or travers to such indictmentes, because the same is a conviction against them by the Law in that befalfe, and is done by more than twelve men. And when that the justice of the Forest hath assessid their fines for such offences: then the same shall be estraighted into the Exchequer, and thereupon the Barons of the Exchequer shall make our process against them, directed to the Sheriff of the same County where they do dwell: 
Libro Rubro Scaccarij.  and then the same Sheriff shall answer the same fine upon his account, as it doth appear in libro rubro Scaccatij, and in this manner they shall answer unto the King for such wastes, purprestures & assartes which are finable. But some times it is otherwise of purpresture, for that the same may be tollorated to stand still at the discretion of the Lord justice in Eyer, 
Vide ante Pa. 49. the case of my Lord Dier.  and so to be arrented, and to pay yearly a certain rent to the queens Majesty for the same. And such a renting of such purpresture must also be certified into the Exchequer: and the Queen's Majesty must be answered thereof upon every sheriff's account.   
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 usque iud primam coronationem nostram, statim de afforestentur nist sic domiincus boscus noster. 
THis Article is to that effect that the first Article in the said Charter is. For as King Henry the Second, which was grandfather to King Edward the first, had a forested a great part of the lands of his Subjects, which did cause a great harteburning, to grow against him: For the remedying of which mischief, the said first Article hath provided, that all such lands that he had so afforested, which were not the Kings own demesne lands, to the hurt of his Subjects, that they should be viewed by good and lawful men: and all such lands so afforested, which were not the Kings own demesne lands, should be forth with dissafforested again. So likewise King Richard and King john had in their time afforested the lands of their Subjects in many places in this land, to the great discontent of the whole Realm: for the pacifying whereof, this third Article or branch hath likewise provided this remedy: that they forth with should be disafforested again, as those should that King Henry the Second had afforested.  
How lands are afforested and made to be a Forest: and how they are dissafforested and made no Forest again. What hurt the afforesting of the same land is to the owner thereof: and how the same shallbe unwed before the same shall be so dissafforested: and by whom, it hath been showed already before.  
And ●owe as concerning this word Dominicus Boscus: that is, those woods which were the kings ancient demesne woods or lands: although that the King by the Law might afforest the Lands of his Subjects in any place where he would within this Realm: yet any King or Prince hath seldom or never afforested the lands of any of their Subjects in any place in this Realm, but where as the same King or Prince also hath had lands or Woods of their own. And then when that such a King or Prince did so afforest their own lands for the enlarging of their pleasure and delight in hunting: they did afforest the lands of their Subjects next adjoining to the King's lands or woods so afforested: all which lands that were so afforested by King Henry the Second, King Richard his uncle, or King john his father: they are here by these two branches, the 1. and the 3. to be dissafforested again. But such lands or woods which were the Kings own demesne woods or lands, they are here by 2, branches reserved to remain and be forests still, In these words nisi sit dominicus boscus noster: and those lands that were not the Kings own demesne lands that were adjoining to the lands of the Kings that were so afforested after such dissafforesting of them: then they are at the liberty of the owners thereof, as they were before that the same was so afforested, to cut down their woods, to make their lands earable that were Meadows or pasture before, or any other way to convert the same to their best advantage and profit. And also the same owners may chase the wild beasts that they do find there, at their own pleasures, and slay them if they can take them by chase with greyhounds or otherwise: so that they do not forestall them or foreset them in their returning to the King's Forest again. For all such lands that were once afforested by the King, and afterwards disafforested: then the same is ever afterwards Purlieu, 
Purlieu.  and of the nature of Purlieu: so that there is not any land that is or can be Purlieu, but such as was once a Forest or a Free Chase. For there may be lands that are Purlieus, adjoining aswell to a Free Chase as to a Forest, as it doth appear in the Case of the Lord Grace for Whaddon Chase in my Lord Die● his book in 15. and 16. Elizabethae fo. 326. And it is to be understood that such lands or woods as are here disafforested by this statute or Charter, the same was at the request of the Commonalty of this realm, that is to say, of Gentlemen, 
Vide the case hic ante, pag. 64  yeomen, and of the poorer sort of people which had such lands so afforested by the said Kings, for whose relief these two branches of this Charter were most especially made, as it doth also appear by another Statute that was made in 33. E. 1. Statute. 5. called the Statute of the Puraley beginning in these words: That whereas certain 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 have made request to our Sovereign Lord the King at his Parliament, that they might be acquitted of their charge, and of things that the Foresters demanded of them, as they were wont to be. So that you may thereby see that the Puraleys were first granted at the especial request of the Commonalty of this Realm for their relief. And here you may note by the words of the Statute of Carta de Foresta, and also by the said 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 subjects. By which Charter, if you do diligently read and peruse it, you shall thereby know the very nature of the Purlieu, and how the same is made, & how it had his beginning, 
The Charter of the Purlieu, in the end of this book.  with all other things that do belong to the Purlieu: what things a Puralie man may lawfully do: and how he may hunt in the Puraleys by the laws of the Forest, and the Charter of the Purlieus. For although it be lawful for sufficient Purlieu men, to hunt and chase the wild beasts in some sort in their own land that is so disafforested and made Purlui or Free for them only: Yet it is not lawful for every owner of land disafforested, to hunt or chase the wild beasts in their own land disafforested: but only for them that have xl s. by the year of freehold lands. For those that have lands of freehold, to the yearly value of xl. shillings, they may keep Greyhounds or other dogs to hunt withal out of the Forest, by the statute of An. 13. R. 2. ca 13. 
13. R. 2. ca 1●  But so may not every other man that hath not lands to that value: For such pastime is by the Laws of this Realm reserved for Earls, Barons and Gentlemen, and for some other men of good account: & not for hinds nor peasants of the country to hunt at their pleasure without all order, and so to destroy the Prince's game. And it is to be understood, that all such persons as were put out of the Forest by the Purlieu, they are excluded thereby of having any common within the Forest, by reason of the Statute of the Puralsey aforesaid, unless that they will relinquish the benefit of the Purlieu, 
Ordinatio Forestae, anno. 34. Ed. 1. in fine,  & become Subjects to the bondage of the Forest again as they were before. And it doth appear by the Statute of Ordinatio Forestae, that the Puralty did first begin by the dissaforesting of such lands as were once afforested, for the words are these: Volumus insuper quod illi qui communem pasturam in Foresta ante perambulationem factam, habeant: Et qui sunt postea repositi in Foresta, quinque de dicta communia per perambulationem predictam impediti fuerunt, habeant comuniam pasturam de cetero in Foresta adeo large et libere sicut ante perambulationem predictam habere folebant saluis arent' nostris in forma predicta: and so you may see that such lands of the Forest as be disafforested, afterwards they are Purlieus. And it doth also appear by the same words that the Purlieus are made by perambulation and view, 
The reposition of the Forest.  returned into the Chancery. And in like manner the reposition to the Forest of such lands as were disafforested by the Statute, and afterwards made Forest again, the same is to be done by perambulation and view which must be returned into the Chancery or Treasury, because that the King can have nothing but by matter of record, nor in such cases depart from any thing but by matter of record also. And all such lands as are put again to the Forest, they are called Purlieus after the same reposition, for than they shallbe Forest as they were before. But such lands as were disafforested by the Puraley, and so remain dissafforested without any reposition, 
The difference between the Purlieu & reposition.  those are called Puralleyes, in the which the owners may chase the wild beasts, and also cut down their woods, and make their aprovementes to their best advantage. But of those lands that are put again to the Forest by reposition, they cannot do so there without licence of the Lord chief justice in Eyer. And if it do fortune that a Dear go out of the Forest into the Purlieu, than the owner of the ground there may chase and kill him if he can. The same Law is, if a Heart, a Hind, a Buck, 
The Purlieus.  a Do or a Hare, or any other wild beasts of the Forest, or of the Chase, which be clearly wild of nature, & that have not animam revertendi, so that such an owner of the lands, have lands of free hold, to the value of forty shillings in the Purlieus. And if a Puraley man which hath lands in the Puraley to the value of ten shillings by the year, and one other man which hath lands within the Puraley adjoining to him, to the yearly value of thirty. shillings: & wild beasts of the Forest do come upon their lands in the Purlieus: those two Puraley men cannot chase together. But he that hath lands of Fréeholde, to the value of forty shillings by the year of his own lands, he may chase and kill his Dear and carry it away upon his own Purlieus, and justify the same by the Laws of this Realm: For all wild beasts are theirs that can take them, As it appeareth by Bracton. But if such wild beasts being within any Forest, Chase, Park or Warren, or other Privileged place, than they are the Kings or the owners of those Privileged places where they are remaining, as it hath been showed before, for of such wild beasts men have property in them, but ratione soli.  
And if the Forest be in one County, & the Puraley in another County adjoining to it: he that hath forty shillings by the year of Fréeholde land in the County where the Puraley is, he may Chase and hunt the wild beasts in his own Purlieu: But if he have forty shillings by the year of Frée-hold, in the County where the Forest is, but hath not any land in the County 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 having lands to the value of forty shillings by the year within the Purlieus, do chase a Dear there, and doth let his Greyhound run after the wild beasts, and the greyhound doth follow the wild beast into the Forest, and there doth fasten upon him and flea 〈◊〉: Now in this case the owner of the dog shall not have the wild beast so slain, but the king or the owner of the Forest: and such a Puraley man that doth so chase the wild beasts into the Forest, he may not follow his dog into the Forest, but he must stand at the outermost bounds of the Forest, & there blow his horn for his dog, & so call him bark again: for in this case, when the wild beast hath recovered himself into the Forest again, than he is in Statu quo prius: and then the King or the owner of the Forest hath property in him again ratione soli, and then the kill of him in the Forest is not lawful, neither doth the same gain the owner of the greyhound any property therein.  
And in like manner it is if a man do let his Falcon, Goshauke, or any other Hawk fly at a pheasant or Partridge being out of the Forest, Chase or Park, and they two do fly together, and the same Hawk doth kill the pheasant or Partridge within the Forest Chase, or Park: now the owner of the same Forest, Chase or park where the same is so killed, shall have the game that is in such sort killed, causa qua supra, for the owner of such Greyhound or Hawk cannot claim any interest or property in any such game before that the same be taken: & before the taking of it, the said game was returned into the Forest, Chase, Park or Warren, whereas then the owner had property in it again ratione soli. 
A man may have the possession of a wild beast by his dog.  And if a greyhound being let run in the Purlieus after a wild beast of the Forest, and in chase after him the Greyhound doth fasten and seize upon the Dear near unto the Forest, and the wild beast by his force draweth the greyhound biting upon him within the bounds of the Forest, and there is slain: the owner of the same Greyhound may very well take the wild beast so slain although that he were slain within the Forest, for by the seizing of the dog, the owner of the same dog was in possession of the wild beast: and the like law is if a Hawk be seized of his game without the Forest, Chase or Park, and so seized, they do fly together within the bounds of the Forest, Chase or Park, and there is slain: then the owner of the same Hawk may enter into such a Forest, Chase or Park, & take the game so slain by the reason aforesaid. But the contrary is, when my Hawk is not seized of such game before he entereth into such a Forest, Chase, or Park, but doth follow his game, flying into the same, & there doth seize upon the game: in that case the game being killed, it doth belong to the owner of the Forest or ground: And this is proved by the opinion of Master Bracton in titulo Diuisione rerum. And if a Heart or any other wild beast of the Forest do come into the lands of a Purlieu man, which hath lands to the value of xl. 
Bracton. 14. H. 8. fo. 18.  shillings by the year: such a Purlieu man may lawfully Chase those wild 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 have free passage back again but do kill them. 
wild b east of the Forest have animam revertendi.  For notwithstanding that they be wild of nature, yet in this case they have animam revertendi, that is to say, they have a mind of returning home to the Forest again. And yet if I do let my dog run at any wild beast of the Forest within the Purlieus, & my dog of his own courage doth cross the Dear in his course towards the Forest and turneth him, and by that means doth kill the same Dear, this is not forestall, for it cometh of the courage and cunning of my dog, and not of my own labour nor policy.  
Also if any man not having lands within the purlieu, do find any kind of Dear or wild beasts of the Forest in his own ground out of the Forest, Chase, Park and Purlieu, than he may kill or take them by what soever means he can devise: for then such beasts shallbe said to be clearly wild of nature, and it cannot be known whose they are, nor from whence they come, nor whether they will, when they are so strayed abroad. And even so it is of all manner of wild Hawks: (except only Hawks of the pray) for they ought not to be forestaled with nets or other inguns: but yet if they do breed within the lands of the Purlieus, than the owners of the ground may take them.  
At appeareth by the Assizes of King Henry the second, 
Assisa Forestae H. 2.  that the same King did altogether forbid any manner of forestall of all such things as were wild of nature: for the words are these, Dominus Rex precipit quod nullus 〈◊〉 homo●● ad capiend'ferat per natem infraforestas nec extra su● p●●na imprisonamenti unius 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 forestall.  
And he that is a sufficient Puraley man by the law, that may hunt and take the benefit of the Purlieus by hunting, he must learn this lesson, and know that a Purlieu man may not hunt in the Purlieus at all times nor in what manner he himself will. For he must understand, that there be ten things that a Purlieu man is forbidden to do by the laws of the Forest in his hunting in the Purlieus: And the hunting of any Purlieu man, contrary to any one of those ten things so forbidden, is punishable by the laws 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 days in one Week.  
5 With any more company than his own servants.  
6 Within forty days next after the King's general hunting.  
7 Within forty days next before the King's general hunting.  
8 When the Forester is serving of any Warrant in the next Walk.  
9 By forestall of the King's wild beasts.  
10 After unseasonable Dear.    
So that a Purlieu hunter or Purlieu man must know this commandment of the Law, vz, Vtere tuo ut alienum non ledas, which is, that every Purlieu hunter: (I mean those that are sufficient Purlieu men by the law) must use their pleasure of hunting there, so that they do not by the fame disturb the King's wild beasts that are remaining within the Forest or Chase of their firm ●ea●e. And therefore the Laws of the Forest hath set down the foresaid ten points, as things that are most offensive to the King's wild beasts of the Forest: and for that cause they are prohibited by the law to be done or used.  
1 The first of them is, That no manner of person shall hunt in the Purlieus in the night, that is to say, after that the Sun is set until the rising of the same: for by the Law it is accounted in many cases for a day, from the rising of the Sun until the going down of the same: And likewise for a night, from the time of the setting of the Sun until the rising of the same: and such a day is called Dies Solarius, that is, a day that is accounted by the Sun. 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 King's wild beasts may not be 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 dogs do not follow the wild beasts out of the purlieus into the Forest in their chase after them, yet the noise of their running together, & the gazening of those Dear that are scared out of the purlieus, will disturb the quiet of the wild beasts within the Forest. For the very nature of the wild beasts of the Forest is to seek their food in the night time when every body is quiet and at rest: for than they do not see any body stir up and down. Nor they are not troubled or feared with any noise. And all the day time they resort to the Coverts being terrified with noise and the stirring of men, so that they cannot feed quietly,  
2 Secondly, it is not lawful for any man to hunt in the purlieus on the Sunday: for that day is appointed for the service of Almighty God only, and by his laws that day is to be kept holy, and not to be profaned. For on that day all profitable business is forbidden to be used, although that the same tend to the profit and good of the common Weal: then Ergo much more all vain business and idle pastimes, as hunting and such like. And for that cause, the Laws of this Realm do not account the Sunday 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 month, which month is always fifteen days before Midsummer, and fifteen days after Midsummer, which month is the time of fawning: for then the Fawns are very young and not able to run or to make any shift. Or else the Does are then great bellied, so that they are not able to run. And if a Purlieu hunter should then chase in the Purlieus, and his Greyhound should follow the Dear into the Forest, no doubt but that the same Greyhound would either destroy the Does being great with young, or the Fawns being then very young. And neither of them both able to run: or else the coursing amongst them then would be ad magnum terrorem ferarum, and for that cause the same is forbidden for that month by the Laws of the Forest.  
4 Fourthly, It is not lawful for any Purlieu hunter to hunt in his own Purlieu every day, nor any oftener than three days in one week, whereof the Sunday must not be any. And the reason is, because that the wild beasts in the Forest may not be disquieted or put from their food and wont layer where they do use to lie at rest with the noise and fear of their often hunting in the Purlieus. For the forest Laws do prohibit things that are ad terrorem ferarum, only, and for that cause, a man may not build a Mill in the Forest, because the same is ad terrorem ferarum.  
5 Fiftly, It is not lawful for any Purlieu hunter to hunt in the Purlieus with any more company than with his own servants, because that the Laws of the forest do not allow of multitudes of people to assemble themselves toge●ther to hunt, for that is ad terrorem ferarum quae sunt infra met as Forestae. But every Parlieu man that may by the Law justify to hunt in his own Purlieu for himself, he may also justify for his servants to hunt with him: for to hunt and kill his Dear there is a thing of profit and of pleasure all. And it is held for a learning in our Law, 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 justify for himself and for his Servants also. But he that hath but an interest or a licence of pleasure only, he cannot justify for his Servants but for himself only: Note the difference. But he that may justify for to hunt which his Servants, he cannot justify to hunt with every other person.  
6 Sixthly, no manner of person may hunt within the Pulieus of any Forest within the time of forty days next, after that the king hath made any general hunting in any Forest adjoining to such Purlieus, because in this case the wild beasts of the Forest do not come into Purlieus of their own free-will, but they are forced with strong hand and with the noise of blowing of horns, & with a multitude of people: So that for fear of being slain, they are driven to fly into the Purlieus for succour and refuge. And therefore the Laws of the Forest doth give unto all those wild beasts which are in such sort forced to fly into the Purlieus for refuge, a firm peace & free protection to remain there, during the space of xl. days, without any hunting, chase or other harm. In which time the law is intended they will return to the Forest again, & therefore they have that liberty. And in every Charter or grant of the Purlieus that the King doth grant unto any shire of such ●andes as were disafforested, in that grant the King doth always reserve unto himself forty days of Free liberty for his wild beasts of the Forest that are in the Purlieus to return back again to the Forest: as you may percea●ue by the perusing of the Charter, granted for the Purlieus of the Forest of Windsor.  
7 Seventhly, it is not lawful for any Purlieu man to hunt in the Purlieus, bordering upon any Forest that the King doth mind to make any general hunting in, after open proclamation thereof made. For than no person shall hunt within seven miles of the borders of the Forest, nor within the Purlieus during the time of forty days next before such general hunting: because that all that time the wild beasts of the Forest must not by any means be disquieted of their rest, to the intent that the King may take the view of them where they do lie and make their secret abode.  
8 The eight is, that no Purlieuman may hunt in the Purlieus during the time that any keeper or Forester is serving of any warrant in any walk within the Forest adjoining upon the Purlieus, nor during the time that any Noble man is hunting there, because that such hunters in the Purlieus may not disturb the game in the Forest at such times as they are hunting there, if they have notice or knowledge of any such hunting or serving of any such warrant.  
9 The ninth, It is to be understood, that as a Purlieu man may hunt & chase the wild beasts of the Forest being in the Purlieu, yet may he not forestall or foreset those wild beasts with dogs, bows, or any manner of engine, 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 Dear may easily leap in, but cannot return back again, but they shallbe killed there for want of passage.  
10 And last of all, it is not lawful for any Purlieu man to kill or hunt any unseasonable Dear in the Purlieus, as a Buck in Winter, or a Do in Summer: for such wild beasts when they are out of Season, they are not meet for any man to eat, for their flesh is not good nor wholesome, and then they are so poor that they cannot run nor make any course to escape from a dog, & therefore the Law of the Forest doth prohibit the kill or hunting of them in the Purlieus or else where, during the time of their unseasonableness.  

The punishment for unlawful hunters in the Purlieus.  But now let us see by the Laws of the Forest, how such Purlieu hunters as do hunt in the Purlieu contrary to the Laws are to be punished: And therefore it is to be understood that all such offences in the Purlieus are to be presented at the next Swanimote, and to proceed from the Swanimote to the next justice seat 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 of the Lord chief justice in Eyer of the Forest, and imprisoned and bound to the good behaviour of the Forest: Which band doth extend to all manner of unlawful hunting in the Purlieus. For unlawful hunting in the Purlieus is a breach of the laws of the Forest, and so a breach of the good behaviour 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 do remain Forest still quoad, to those that are not sufficient Purlieu men by the Law.  
But all Purlieu hunters aswell those that are sufficient Purliumen, as those that are not, must understand this: That the lands of the queens Majesty wheresoever they are, they shall not be accounted Purlieus, nor of the nature of Purlieus, although that such lands do lie without the bounds of the Forest & within the Purlieus: yet for as much as those lands are the queens Majesties own lands they shallbe accounted of the nature of a free chase which is a Privileged place for wild beasts: and therefore no Purlie man nor other may hunt in her majesties own lands: (without good warrant) by any colour of the Purlieus or otherwise. And you may perceive by the .1. and .3. branch of the Statute of Charta de Foresta, that amongst all such lands as were by the same Charter appointed to be dissafforested, 
Charta de Foresta, artic. 1. 3. 33. E. 1. stat. 5.  the lands of the King are always reserved 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 doth grant that forthwith the Puraleyes shall be made in every shire: yet the King by that Statut, willeth and appointeth that all his demesne lands wheresoever they be that hath been of the Crown, being returned by way of escheat or otherwise, shall have estate of free chase and free warren: and in such manner shallbe saved and kep● to his use, for all manner of escheats: so that although the lands of the Kings do lie amongst the lands of other men in the Purlieus, yet the same is not Purlieu: neither may any man hunt or chase the wild beasts there, because the same is the queens majesties Freée chase, for as much as the same is her Majesties own demean lands.  

Hesket, fo. 12.  But if seemeth by the opinion of Master Hesket and others, that have read upon this branch of the Statute of Charta de foresta, that the disaforesting of such lands as were afforested by King Richard or King john, whereof the letter speaketh in the 3 Article of Charta de foresta, 
Charta de Foresta. artic. 3  doth greatly differ from the disaforesting of such lands 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 john, mentioned & declared there in the third Article of Carta de foresta to be disafforested again: every man shall have the advantage thereof, aswell he that had not the land nor any interest in the lands or woods at the time when the same was afforested, as he that had the land or Woods at the time of the afforesting of the same or before.  
But of such lands as were afforested by King Henry 2. and are here appointed to be disafforested again 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 lands of any other man in right or in possession, 
Charta de Foresta, artic. 1.  the same land shallbe disafforested, but only against him whose land the same than was, and not against any other person that hath no title or right to the same land. And Master Hesket affirmeth that thereupon the same took the name of Purlui: Because that such land is not disafforested generally for every 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 consuevit tempore primae coronationis Regis H. avi nostri, et non aliter.  
Now it is to be seen what a Regarder is: How a Regarder is made: and what his office is. And therefore first of all, it is to be understood that A Regarder is an Officer of the King's Forest that is sworn to make the regard of the Forest as the same regard hath been used to be made in ancient time: And also to view 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 King's Forest, concerning the execution of their offices. And this is the definition of a Regarder of the Forest.  
Now it is to be seen how a Regarder of the Forest is made. And for that it is to be understood that a Regarder of the Forest may be made by the King himself by his letters Patents, 
How a Regarder is made.  or by any one of the King's justices of the Forest at his discretion in the general Eyre of the Forest: or at such time as the regard of the Forest is to be made by virtue of the Kings writ, which shall be directed to the Sheriff of the same County, commanding him to summon the whole regard of the Forest, and to make the regard of the Forest as they have been accustomed to do. And then if any of the Regarders of the same Forest be sick or dead, so that because there are not the whole number of twelve Regarders, the regard cannot be made, that then the same Sheriff shall choose other Regarders that are meet men to serve in their places by virtue of the same writ in his full County: the Tenor of which writ, is as followeth: Elizabetha Dei gratia Angliae, Franciae & Hiberniae Regina fidei defensoris etc. Vic. Essex. salutem, 
The writ to the Sheriff.  Precipimus tibi quod sine delatione convenire facias omnes Forestarios & Regardatores ad regardum faciendum in Balliva tua ante adventum Iusticiariorum nostrorum de Foresta. Et locis regardatorum qui motui sunt, 
Note that the Regarder is to be sworn.  aut infirmi alios Elegi facias. Ita quod duodecim sint in Foresta & nomina eorum inbreviantur. Et Forestarij dictos duodecim milites electos ducentur per totam Ballivam 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 nesciverint eos ducere, vel aliquod fo●stact' volverint Concelare, ipsi milites non omittentur propter illos q●in foris factum illud videant. & imbreviari facias. Et hoc pro nullare dimittant. Et quod regardun illud fiat cantra tale festum, Teste, etc.  
And it is to be understood, that in times past, when the Forest Laws were carefully put in execution: then the general Sessions of the Forest called the Seat of the Lord justice in Eyre of the Forest was holden and kept every third year. And also every third year, the Regarders of the Forest did make their regard of the Forest. And now at this day, always before that the Lord justice in Eyre of the Forest do hold his general Sessions of the Forest, he doth cause the writ aforesaid to be made and sent to the Sheriff of the same shire where the Forest is, in the which the justice Seat for the Forest shallbe kept, together with a brief remembrance or abstract of all such matters as the Regarders of the Forest shall inquire of. By virtue of which writ, the same Sheriff doth cause all the Foresters of the same Forest, and also all the Regarders to meet together at a certain day and place which the Sheriff shall unto them assign for that purpose, at which day and place so appointed by the same Shirif, upon the appearance of the said Foresters and Regarders, the sheriff doth declare unto them the Tenor of his writ: and also doth give unto them a charge, to inquire of all such matters as are contained in the said Abstract. At which time of appearance, if any of the said Regarders be dead or sick, so that there be not the full number of twelve Regarders, to make the regard of the Forest: Then the said Sheriff shall according to his said write in his full County of the shire, choose other Regarders, and cause them to serve in their places, and so make up the number of twelve 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 sickness, or any other means, 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 hindrance of the proceeding of the court of Swanimote, than the Lord chief justice of the Forest, or his Lieutenant, incontinently shall 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 down & appointed by the said Statute called Ordinatio Forestae. And such electing and appointing of Regarders at the Swanimote is done but as it were of necessity to make up the full number of twelve Regarders to serve for the place at that time. And such Regarders as be dead and others chosen in such manner by the Lord chief justice in Eyre of the Forest or his Lieutenant in their places: then they shall remain Regarders still. But the Regarders that are chosen and appointed, as aforesaid, to serve in the places of others that then were sick or absent upon some especial business: such Regarders are not Regarders Nisi pro hac vice tantum, as it doth appear by M. Hesket, fo. 24 b. For (saith he) they are officers but to serve the Court for that time only. 
Hesket fo. 24.   
I do find by the Laws and customs 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 himself by his letters Patents, to whom the King doth grant the said office sometimes for term of life: sometimes to him and to his heirs, to be one of the King's Regarders of such a Forest.  
2 Secondly, there is another sort of Regarders that are made by the Lord chief justice in Eyre of the Forest, or by the Kings writ to the Sheriff, as hath been showed already before. And such Regarders are officers of the Forest but durant bene placito, that is to say, during the King's pleasure.  
3 Thirdly, there is another sort of Regarders that are made Regarders for the present service of the Court of Swanimote, or to serve at some other time in the absence of some of the Regarders that are sick or otherwise not able to serve 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 writ aforesaid directed to the Sheriff to choose new Regarders in the place of such as are dead: And that the same Sheriff according to his writ must give unto such Regarders as he shall choose in their places, 
A Regarder must be sworn.  an oath (for the words of the writ are these. Et dicti milites jurent quod facient regardum sicut solet & debet fieri) Now therefore it is necessary to see what the oath of a Regarder is. And to the end that every such officer may the better know his oath, & also his office, I have set down the same here, which is as followeth.   

The Oath of a Regarder of the Forest.  

The oath of a Regarder.  YOu shall truly serve our Sovereign Lady the Queen in the office of a Regarder of the Forest of Waltham. You shall make the regard of the same Forest in such manner as the same hath been accustomed to be made. You shall range through the whole Forest, and through every 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 regard or range of the Forest: or that they will conceal from you any thing that is forfeited to the King, you yourselves shall not let for any thing: but you shall see the same forfeiture, & cause the same to be enrolled in your roll. You shall inquire of all wastes Purprestures and Assertes of the Forest: and also of concealments of any offence or trespass in the Forest, either in Vert or Venison by any officer of the same Forest. And all these things you shall to the uttermost of your power do, So help you God.  
It seemeth by the Laws of Canutus the Dane King, Canon the 2. that in his time there were certain persons that did execute the very same office that the Regarders do now at this day, and then there were 16. of them, 
Canutus. Canon 2.  they were called Mediocres homines, But the Danes did call them (Young men.) H● Curam & onus tum viridis tum veneris suscipiant. But of like such officers were clean worn out of use in most forests. For it seemeth 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 forests, and most especially the woodmen, whereby the King's woods were greatly destroyed, which was an especial cause of the decay of Venison. And because that the said King H. 2. would have his forests the better kept and looked unto, he did ordain that certain Regarders should be appointed in every Forest throughout his whole Realm, for to survey the Forests as it doth appear by the Assizes 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 agistandum boscos suos. And these Knights 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 always regard the safe keeping & preserving 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 he that was a Knight. But now at this day, other good and lawful men which are not Knights are chosen to be Regarders of the King's Forest, which officer of a Regarder, is an officer of the Forest appointed by the King to see the preservation of Vert and Venison in the King's Forest, and also to survey all other officers of the Forest. And also it appeareth by the Assizes of the Forest domini Wilhelmi Veysey made in the fifteenth year of the reign of King Edward the first, 
Assisa domini Wilhelmi Veysey, anno 15. E. 1.  that it was established there as a law, that there should not be any more than 12. Regarders in a Forest where he doth say, Quia Euedenter constat justiciario Itenere suo quod tam magna oneratio regardatorum est in Foresta praedicta quod non est sustinendum propter magnum domini Regis dampnum. Provisum est quod de cetero in Foresta non sint nisi tantum dict' duodecim regardatores. Et quod illi Regardatores faciant regardum per totam Forestam quoties Assisa Forestae volverit, etc.  
And it is to be noted, that in every Forest of the Kings, or in the greatest part of them, there are certain woods that are the Kings own demean woods belonging to the Crown, and the King hath the regard of all the woods and waste grounds and other lands which are afforested and within the bounds and limits of the Forest, aswell those that are not the Kings own woods, as those that are the Kings own woods. And sometimes it falleth out, that there are some woods that be within the bounds and limits of the Forest, and yet they are no part 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 difference, I●●ra rewardun, & Extra rewardum.  But all such woods & lands as are parcel 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 part of the Forest, the same is out of the regard of the Forest: and this is the meaning of the Assizes of the Forest, Articulo 3. and 4 where the words are, Si quis inventus fuerit extra dominicum boscum infra rewardum, etc. 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 divers officers besides the Regarders to be employed: 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 have a regard within the King's Forest, belonging to him of inheritance, and hath there of certain 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 nevertheless, in that case the chief W●rden of the Forest together with the Foresters and Regarders, may go thither to survey the same, 
Assisa Forestae H. 2.  and to make the regard of the same, as it doth appear by the Assizes of the Forest, where he doth say, Quod omnes illi qui habent boscos infra metas Forestae ponant idoneos Forestarios in boscis eorum de quibus etc. Whereby it appeareth that the Foresters of the King may lawfully survey all other Foresters, And so it is of the Regarders of the King: for they shall survey all other Regarders being within the bounds and limits of the King's 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 have Regarders for any Forest but the King only, (except it be by the especial grant of the King:) Neither may any man take upon him the office of a Regarder of the King's forest, but he that hath lawful title to the same.  
Now it is necessary to see what is the office and duty of a Regarder, 
The office of a Regarder.  and how he ought to behave himself in the execution of his office: and therefore it is to be noted that the words of the Statute are further, Eant per Forestam ad faciendum regardum, etc. And also it appeareth by the assizes of the Forest, that the regard of the Forest ought to be made by the Regarders, Foresters and woodward's, where he doth say, Milites, 
Assisa Forestae H. 2.  Forestarij et woodwardi debent intent inquirere in Itinere suo quis habuerit a liquod ingenium ad malefaciendum domino regi in feris suis. And such Knights or Regarders were ordained at the first to control the other officers of the Forest as is aforesaid.  
Also the Regardors of the Forest shall see and inquire if any Surcharge of the Forest be made by the Foresters of the Forest, and they shall assign and appoint so many foresters in the Forest as they shall think meet and convenient to keep the Forest.  
Also the Regarders must go thorough the whole Forest every third year to make their Regard, and to see 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 ancient time was called Visitationemorum. Also the Regarders shall go thorough all the Forest with the foresters and Woodwardes, to survey all the assar●s, wastes and purprestures of the Forest, and all other defaults that have been made, and aswell those that be ancient assarts, wastes or purprestures, as those that have been made since the last Regard, and esteem them by the number of acars: And also to inquire who hath made any such assartes, wastes or Purprestures, or any other such defaults: and who doth hold the land where any such trespasses of the Forest were made or done. And if such land be sowe● with corn, than whose corn the same is, and how often the same hath been sown so with corn since that any such assartes, waist or purprestute hath been made in the same. And also how much the same is worth to be sold. And in whose fee the same is. And to what town the same doth belong. And the said Regarders shall write the ancient assarts, wastes and purprestures, and such other defaults in a roll by themselves. And all such as have been newly made since the last regard of the Forest was made, they shall write them in another roll by themselves. And if the Foresters will not go with the said Regardors, nor lead them to the same place where such defaults are: then the Regarders may go thither themselves and there view & inquire of such defaults and all other that they can learn of.  
Also the Regarders of the Forest shall survey all the old purprestures and new that have been made within the Forest, and value them severally by themselves, and to set down the same in the rolls of the Forest. And in what place the same purpresture is so made, wheresoever it be: As in Woods, Plains, heaths, Waters, or in land, Stangues, Hedges or Ditches, or in any other place of the Forest. And all such defaults shall be written in a roll by themselves.  
Also the said Regarders of the Forest shall survey all the woods of the Forest that are wasted, aswell those that are ancient, as those that are new, which have been made since the second year of King Edward the first.  
Also the Regarders of the King's Forest, shall see and view all the Kings demesne lands and Woods: And also all manner of Trees that have been felled or cut down within any of the Kings demesne lands or Woods, as the felling of Okes or any other great ●niber since the last Regard. And upon such inquire and view thereof made, they shall certify the number of such Trees, the damage and hurt that the same is to the king's woods or lands. And in like manner they shall do of all manner of lopping of Trees and destruction of any underwoodes.  
Also the Regarders shall survey and view all the Kings demesne hedges, for the fencing in of his lands and woods: 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 wood is not fenced as it should be, the same be suffered to lie open and made common yea or not.  
Also the Regarders of the kings Forest shall see and survey all the Eyries of hawks in whatsoever woods they be: and who doth take them, and who ought by the law to have them. And they shall thereof make certificate accordingly.  
Also the Regarders of the King's Forest shall survey and see all the Forges and Ours, for the finding of any kind of metal, in what fee soever they be within the Forest, or within the Kings demesne woods or lands being within the Forest or without: And what rents and customs they pay for the same, and to whom. Also they shall see and view all ports and creeks of the Sea, where any Ships or Boats do or may arrive to carry any Timber, Wood or underwoodes out of the Forest, and who doth occupy then: And by whom they are brought thither: And in whose fee the same is done.  
Also the Regarders of the Forest shall inquire who hath or doth keep any Bow and Arrows in their houses, or Crossbows, Guns, Hounds or branches, or any other engines to hunt or to destroy the kings wild beasts and game of the Forest with all.  
And when the Regarders of the Forest have made survey, view and inquiry of all such matters as by their oath and office they ought to do, as is aforesaid, they shall write the same fair in a roll, & bring it to the Court of Swanimote, or to the Court of Attachementes, where all the officers of the Forest ought to assemble themselves together every forty days: And all such matters as are so found by the Regarders in their range thorough the forest, the same shall be there affirmed by the said Regarders by their hands and seals, which Regardors shall also present the same under their hands and seals unto the Lord justice in Eyer of the forest, at the next general Eyre or Sessions of the forest.  
The Eyre, general Sessions of the forest, or justice Seat, is to be holden and kept every third year, and of necessity before that any such Sessions or justice Seat can be holden, the Regardors of the forest must make their regard. And this making of the regard must be done by the King's writ, as it doth appear 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 authority, without the Kings writ for the same purpose. The words of the Statute are:   

Regardatores nostri eant per Forestam:  
That is to say, the kings Regargers must go thorough the whole forest of the King. Whereby it is especially to be noted that the Regarders may not do or certify any thing concerning their office, but that they must first view the same: & for that cause the words are eant per Forestam, that is, that they must range over all the forest, & through every bailiwick of the same, to see & inquire of the trespasses and offences of the forest. The words of the Statute are further.   

Ad faciendum Regardum.  
Here in these words is most plainly showed the cause why the said Regarders must go through the forest of the King, which is ad faciendum Regardum, to make their Regard: for in these words ad faciendum regardum, is comprehended the whole office of a Regarder, which doth concist in these four things, that is to say: 

Ad videndum.  
Ad inquirendum.  
Ad imbreviandum.  
Ad certificandum.    
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 have executed and done their office as they ought to do: It is to be noted that the Regarders of the Forest ought not to certify any thing but upon their view, as it shall appear hereafter in the fo●rth point, which is to certify.  
2 The second is, ad Inquirendum, to inquire. So that the Regarders ought to range throughout all the Forest: not only to see and view all the trespasses and defaults of the Forest, but they ought also to inquire out the certainty of every such trespass and to learn the truth of all such matters as shallbe delivered them in charge, as is aforesaid.  
3 The third point is, Imbreviare, which is, to enroll their view and inquisition that they have made: So that after they have gone throughout all the Forest, and have viewed the trespasses and defaults of the forest, and that they have learned and inquired out the truth of them in every thing according to their charge given them, as is aforesaid: Then they must enroll the same, that is, they must cause all those defaults that they do so find in their range through the forest to be fair written in a Parchment Roll, in which enrolling, they must observe these four things, that is to say: 

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 certify that which they have done: So that when they have gone through out all the forest, and have made their view and inquiry of all the defaults of the forest, and that they have also enrolled them in their roll: yet th●ee can be no execution nor punishment done to the offenders or doers of those trespasses until such time that the same Regarders have made certificate thereof unto the Lord chief justice in Eyre of the forest at the justice Seat. And yet before that they do make such Certificate to the Lord chief justice 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 justice in Eyre before that the offenders be thereof indicted at the next Swanimote, than the offenders may travers the same presentment or Certificate, because that the same is not Presentatum per Forestarios & duodecim juratores & convictum per Viridarios, etc.  
But now it is necessary here in this place to speak something concerning the manner of the same Certificate. And therefore first of all it is to be understood that in this Certificate there are two things most especially to be observed, that is to say:  
The number of the Regarders that must certify the same.  
And that they do Certify the same upon their view: and not otherwise.  
It hath been showed already before: that by the Laws and Assizes of the Forest, 
Assisa Forestae H. 2.  made in the time of King H. 2. that of necessity there must be twelve Regarders in every forest. And it doth also appear by the writ aforesaid, that if any of those twelve Regarders be dead or sick, there must be others chosen in their places to serve: So that of necessity there must be the whole number of twelve Regarders in every Forest, or else they cannot make the Regard of the forest, nor make any certificate thereof. For if the certificate of their inquisition be made by 11. of the Regarders of the forest: then that certificate is not a sufficient certificate to charge any offender to answer thereunto, 
Vide master Hesket in his reading, fo. 25.  for as much as it doth appear by matter of record, that the same certificate was not made by all the Regarders of the forest: for it must be intended that there be always 12. Regarders, and the certificate of their inquisition must be made by all the Regarders, that is to say, by 12. Regarders. And this much concerning the number of the Regarders that must certify.  
Now concerning the certifying of their inquisition upon their own view. It is to be understood, that if it do not appear in their certificate before the Lord chief justice of the Forest, that the Regardors did range and go thorough all the Forest, 
Master Heske● foe 25.  to see and view the Forest, and the offences and trespasses of the Forest, which they do certify: Then that certificate or presentment, although that they as Regarders of the Forest do certify their presentment of an offence of the Forest within their charge: 
Vide the case 34. H. 6.  yet that certificate is not good, neither shall the offender or doer of such a trespass be impeached upon that presentment, but the Regarders shall be amerced for their insufficient certificate. For in this case their certificate is like to the return of the Sheriff in an Action of waist, where the Sheriff doth leave out of his return (these words:) Accessi ad locum vastatum, ut 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 Certificate of the Regarders mention be made of their Perambulation through the Forest, and view of the trespasses that they do present or certify: whereas in the very truth they did not Perambulat nor view the same: yet that presentment and Certificate of any such offences as they shall so certify is good and sufficient in law. For a man cannot by the law travers the return or Certificate of an officer that is sworn. But here it doth appear that the office and duty of a Regarder is, to go and view the offences and trespasses of the Forest: and they must also certify their view: and it is not sufficient for one or two of them to view the same, but they must all view the Forest, and the offences or trespasses that are done in the forest: even so they must all certify the same as their verdict or presentment. For as a jury at the common law, if 11. of them be agreed of their verdict, and they do give a verdict, and one of them will not agree to it: then their verdict is no verdict at all in Law. So it is, if 11. of the Regarders do certify, and the twelfth will not certify: the Certificate of the other 11. is void and no certificate at all: for as much as it doth appear by matter of Record, that their certificate was not made by all the Regarders, as by law it ought to be. And thus much concerning the second, point that the Regarders must make mention in their Certificate, that the same was made and done upon their own view, that is, upon all their views: So that now you see that by the letter of the Statute in these words: Regardatores nostri eant per Forestam: It is ordained and appointed that the Regarders shall go through out all the Forest: and then afterwards in these words: Ad faciendum Regardum: It is showed and declared to what end, or for what cause they ought to go through the Forest: which is, to make the regard of the Forest. And afterwards the letter is further: Sicut fieri consuevit tempore primae Coronationis Regis H. avi nostri & non aliter: In which words it is plainly set down and declared unto us, how and in what manner the Regarders shall make their regard of the Forest, which is according to the assizes and customs of the Forest used in the time of King Henry the Second: so that this branch of the said Statute doth not hereby ordain or appoint any new thing that was not before. But this branch is made for an affirmation of the law and usage of the Forest that was used in the time of King H. 2. Now therefore it is necessary here in this place to show how and in what manner the law and usage of the Forest was at that time used in making of the regard of the Forest. For the declaration whereof, it is to be understood, that the iniquity and presentment of all the Articles aforesaid, which are to be inquired of by the Regarders of the Forest, the same shall be inquired of as they were wont to be inquired of, at the time of the Coronation of King H 2. and that is every third year, as it doth appear in the Assizes of King H. 2. and then the same regard is to be made but only within the bounds of the Forest: 
Assisa Forestae H. 2. C. 10. & 17.  for the said Regarders ought not to inquire nor to present any thing that is made or done out of the bounds of the Forest, nor yet out of the precinct of the regard within the forest, as it doth appear in the same Assizes of H. 2. Cap. 10. and 17. For it is there written, that those that have Woods out of the regard of the Forest, where the wild beasts of the King have their haunt, peace or rest: Or any other man that hath lands or Woods within the Forest, and hath also this Privilege, that those lands and woods shallbe out of the regard of the Forest: and that the same shall not be impeached for any cause: yet in that case he or they that have such a Privilege, aught to have a woodward there to keep his woods, which woodward must also be sworn to the assizes of the Forest, that is, 
Assisa Forestae H. 2 Vide Master Hesket fo. 26.  for the preservation of Vert and Venison, as it doth appear by the same assizes of H. 2. And if the Regarders do inquire or make any presentment of any thing that is done in any such place Privileged, as is aforesaid: then that presentment may be avoided by the plea of the party, by pleading of that matter: For the party shall never be punished upon such a presentment if the very truth of the matter do appear of record unto the high Court of the Lord justice in Eyre of the Forest.  
And the same law 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 always sent to the Sheriff, together with the writ, when the regard is to be made as aforesaid,) as if they do present, that john Astyle hath agisted his woods or his demesne lands, before that the demesne hedgrowes of the King within the Forest be agysted: or that he hath taken any pannage contrary to the assizes of the Forest: then that presentment is void without any plea, if that it do appear unto the Court by matter of record comprised within the same presentment, that the thing of the which they have made their presentment is not any matter whereof they had charge given them to inquire of, or to present.  
And if the regard of the Forest, be made by the Regarders that are elected by writ, and yet they have not any writ to make their regard when they do make the same, but they do make their regard of the Forest of themselves voluntarily, 
Presentment per le Regard sans authority est void.  within the time of three years, that is to say, every year: that regard, and also the presentments made by the same regard against any person are also void: and the party against whom any such presentment is made, may discharge himself of that presentment by plea.  
But such a presentment and inquiry made by the Regarders which were once elected and chosen, although that they do make their regard every fourth year or every fifth year, it is good & sufficient in law, and the same shall bind the party to the punishment, notwithstanding that every such presentment and regard by them made, was not by a commandment directed to the Sheriff as aforesaid: For when the Regarders are once elected by writ and Sworn, than they may hold their regard according to the assizes of the Forest, that is to say, every third year ex officio, without any new writ, precept, or commandment. But if any of them be dead, so that there are not the whole number of 12. Regarders living, than they ought to have a writ as is aforesaid, to choose new Regarders in their places, to make up the full number of 12. Regarders again, before that they can make their regard of the Forest. And so in like manner it is if the King by his letters patens do make one or more Regardors to fill up the number of 12. Regarders again, they cannot ex officio, make the regard of the Forest without such a writ ut supra, 
Les Regarders ne point fair lour regard del Forest si non que ils soint jure.  directed to the Sheriff: for the Sheriff by the authority of that writ, must swear the Regarders, as is aforesaid: and they cannot by the law make the regard of the Forest before that they be sworn: for if they do, than their proceeding therein is void, quod nota.  
The letter is further in the 6. branch of the said Statute as followeth. 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 every third year. Secondly, the time when all the Dogs in the Forest ought to be viewed whether that they be expeditated or not: and then all the Dogs that are found to be unexpeditated, they must be expedicated according to this law. And this is also to be done every third year, when the Regarders do make their regard of the Forest.  
And then the letter is further as followeth, Et tunc fiat per visum & testimonium legalium hominum, et non aliter. In these words of the said Statute it is plainly set down, 
The Regard of the Forest ought to be made every third year.  how the expeditating of Dogs within the Forest shallbe made, which is by the view and testimony of good and lawful men: So that it doth hereby appear, that before there can be any expeditating of dogs within the Forest, there must be an inquisition and view taken throughout all the Forest by the Regarders of the same Forest, to the end that thereby it may first appear by matter of Record to the Court, what manner of Dogs they are that are unexpeditated within the Forest. For some Dogs 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 Dogs shallbe expeditated but only the Mastiff or the apparel of the Mastiffs kind: and of such kind of Dogs it is that the Statute doth mean. And also who is the proper owner of such Dogs as are so remaining within the Forest unexpeditated, to the end that they only who are the proper owners of such Dogs, may be compelled to pay the fine for the same offence. And then when the same Regarders have taken such view and inquisition of such Dogs, as is aforesaid, the same must be certified and returned by the certificate and presentment of the said Regarders of the Forest. And this is the meaning of these words, Per visum & testimonium legalium hominum, And in this sort the expeditating of Dogs must be made. And if it be made otherwise, than the same is void by those words et non aliter. Master Hesket in his reading of the laws of the Forest upon the words aforesaid, saith as followeth. It appeareth, saith he, by the letter of the Statute aforesaid, that the inquiry and view of the expeditating of dogs shallbe made when the regard is made by the same Regarders as one Article and parcel of their charge: and that doth appear to be every third year: And that then the same shallbe done by the view and testimony of good and lawful men, and that is, saith he, by the view and testimony of the same Regarders. And he saith further, that before the making of that Charter of the liberties of the Forest, the law of the Forest was, that expeditating of dogs should be made wheresoever the wild Beasts of the King have their peace and rest, and have used to have their peace and rest, as it doth appear in the Assizes of the Forest, made in the time of H 2. Cap, 11. But saith he, the certainty of the expeditating of Dogs was not known nor expressed until that this Charter of the Liberties of the Forest was made, which now doth declare and express the certainty of five things that were not certain before, 
Five things are put in certainty by the Statute.  that is to say: How the same shallbe done. At what time the same shallbe done. In what manner the same shallbe done. Who shall do it. And the certainty of the fine or amercement of the offender.  
And it is to be understood, that although the expeditating of Dogs be one of the Articles of the Charter De Regardo fiendo, as it doth appear there, Cap. 13. Yet the letter of this Statute here hath not now made the law so strait that of necessity the inquiry of the expeditating of Dogs must be made in the Court of the Regard only, and not otherwise. For it doth appear that the justices of the Forest in their general Sessions may inquire and determine that matter also. And so likewise the expeditating of Dogs may be inquired and determined at the Courts of the Forest called the Swanimotes, as it doth appear by the charge of the Courts: But that is only 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 justices of the Forest, the expeditating of Dogs shallbe inquired only by a jury or inquest. And in that Court of Regard it shall not be only inquired, of the expeditating of Dogs by the Regarders: But they only ought to have the view of that matter when that they do make their Regard upon the said view and perambulation, or otherwise, the same is a void inquiry and presentment by them upon those words aforesaid, Et non aliter, Which words shall have relation to that intent only, and not to the time, nor to the Court where the Articles shallbe inquired. For that presentment of the Regarders shallbe made upon the view of the Dogs only, even as the presentment of the Coroner shallbe made super visum corporis, although that the letter of the same Statut be in the disjunctive Inquisitio vel visus. For this is held for a learning in the Laws of the Forest: 
In every presentment of the Regarders, it ought to appear by mats of Record that they had the view.  that nothing is lawfully presented by the Regarders of the Forest, if it do not appear by matter of record that they had the view of the same in their perambulation. And Master Hesket noteth further, that by the letter of the said Statute, there is full authority and power given to the Regarders to inquire and determine that Article for and concerning the hameling of Dogs. For before the making of this Charter of the Liberties of the forest: The Regarders did not meddle in this Article, but only with Wastes, Assarts, purprestures, and such like within their regard only, as it doth appear in the Assizes of the forest of H. 2. Cap. 10. And now by the letter of the Charter of the forest aforesaid, the Law is enlarged greatly touching this Articles, more than it is concerning any other Article of the Regard of the forest. For the Regarders cannot proceed any further in any other Article of the Regard in their charge, but only to view and inquire of them, and then to enroll their presentments: and then when they have so done, they must also certify that presentment before the justices of the forest, at their coming into the forest, when they do hold the general Sessions of the forest, and then there the offences that they have presented shallbe determined. And before that time nothing shallbe done by Process or otherwise: But all the presentments shall lie dead until then. But otherwise it is of that Article of Expeditating of Dogs: for that the Regarders have authority to hear and determine the fine or amercement for that matter only, because that the fine is already by the said Charter set down and made certain. The words of the Statut are further as followeth, Et ille cuius canis inventus fuerit tunc non expeditatus det pro misericordia tres solidos. By these words 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, what manner of Dog it is that is unexpeditated. And who is the owner of the same Dog, that is by Law to be charged with the fine or amercement for the same. The second is, that he whose Dog the same is, shall pay for his amercement 3. s. which is certain: 
Master Hesket fo. 27.  So that now the certainty of the fine or amercement is here specified and declared, and who shallbe charged with the same. But (saith Master Hesket) it is to be understood, that the same 3. s. shallbe taken or levied upon the determination of the view and inquiry which shallbe done so soon as the regard is made, as is aforesaid, and their view and inquiry certified of record. Then, if in case that the Regarders by their view and presentment do find and present one Mastiff within the forest which is not hameled or expeditated according to the Laws of the forest: And they say further in their presentment, quoth ignorant' cuius Canis ille est, that is a void presentment, If that there be no other words afterwards to help the same: but yet nevertheless the same dog shallbe taken and kept by the officers of the forest, or else avoided away clean from the forest, if no person will claim the same dog. And if that any person do claim the same dog by Action of trespass, or replevi, or otherwise by matter of record, as a man may very well as it seemeth, and the same Action is tried and thereby proved to be his Dog that so did claim him: Then upon that trial and upon the first presentment, the same owner shallbe amerced to the King three shillings, according to the said Charter of the forest.  
And if the: Regarders do find and present one dog ut supra, which is the dog of one john Astile: that is a good indictment: and the said john Astile cannot disclaim nor say that the same is not his dog generally: and the cause is as Master Hesket & Master Treherne do think by reason of the letter of the Statut, which is, quod ille cuius tunc inventus fuerit etc. So that if it be there so found by matter of record for the king: then john Astyle shall pay his amercement: for he cannot counterplede that point generally against the presentment or return of the officers of the king, that are sworn.  
And if a man be indicted that he did keep one Dog of one john Astyle within the Forest not hameled, contrary to the laws of the Forest: If before the justices of the Forest he do plead that the dog is not his: that is no plea without saying to whom the property of the dog is, as to john Astyle etc. And if the jury do find that the property of the dog is not to the said john Astyle, nor yet unto john Adown: that is no sufficient verdict, without finding to what other person the property of the dog was. For in that case it is like to a man that is indicted by the Coroner, super visum corporis, and he doth plead not guilty: and so it is found by the jury that he is not guilty: yet that is no sufficient verdict without presenting one other person that did the murder, which presentment shallbe in the nature of an inditement against him: so that if he plead not guilty, that is no plea, nor yet to find him not guilty, is not any verdict against such a presentment ut supra.  
If the Regarders do find and present such a Dog at the house or in the house of john A down within the Forest: yet that john Adown shall not be amerced by reason of such a presentment. But if the Regarders do find that john Astyle did kee●● such a Dog within the Forest: that is a good presentment for to charge john assurer with the amercement of that Statute. But if the Regarders do find and present that john Astyle did deliver one Dog to john Adown, to keep within the Forest: and that he kept that dog there: In that case the deliverer or bayler shallbe charged upon that presentment and amercement according to the said Charter, and not the bailee or he to whom the dog was delivered.  
But if the Regarders do find and present that john Astyle did deliver the said dog for a certain time to keep unto john Adown, which john Adown did keep the same dog within the Forest not hameled. There both the bayler and the bailee shall be amerced. But if it be found that the dog that was so delivered was a pledge or a mortgage for money ut supra: there he to whom the dog was delivered only shallbe charged of the amercement, and not the baylor.  
And if it be found and presented that john Astyle as a trespasser, vi et armis, did take the dog of one john Adown, and did keep him within the Forest not expeditated: john Adown the owner shallbe charged of the amercement, & not john Astyle the trespasser. So it is if it be presented that john Astyle vi et armis, do take the dog of one john Adown from him: And he upon that brought a replevie, and that john Astyle so kept that dog within the forest not expeditated: There john Adown the very owner of the dog only shall be charged of the amercement, and not john Astyle that kept his dog. Now the letter of the Statute is:   

Det pro misericordia tres solidos.  
So that if it be presented and found that one john Astyle hath 2. dogs within the Forest not expeditated: he shall not be amerced for every dog three shillings, but only three shillings for all the offence. But if two men have jointly or in common one dog within the Forest not expeditated: There every one of them shallbe amerced to three shillings severally.  
But otherwise it is if it be found and presented that the husband and wife have one dog, by reason that the wife is executrix to him to whom the dog was belonging: There the husband only shallbe amerced but to three shillings.  
And if it be found by the Regarders of the forest, in their inquisition: that a Duke, an Earl, a Baron, or any other person of the Realm, Spiritual or Temporal, do keep such a dog within the Forest unexpeditated: he shall pay but only 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 dignity and degree as they do at the common law. But if such a great person of dignity or honour be presented and indicted for the keeping of such dogs before the justices of the Forest: there they shallbe out of the remedy and Privilege of that letter, and then they shallbe amerced for the same by the justices of the Forest at their discretion, 
Hesket fo. 28.  according to their dignity and estate  
And it is to be noted upon that word Det, that the said amercement of three shillings shallbe levied by distress, presently before the coming of the justices of the Forest. For in this case the same is like to the amercement of a Leete, as it doth appear by the rolls & presentments of the Regarders in divers forests. And so you may see that this Article for the inquisition and view of expeditating of dogs doth differ from every other Article of the regard: For the Regarders themselves may cease the fine concerning this Article: And the same fine shallbe levied presently by the Foresters of the Forest.  
So that now you may perceive by the very construction of the letter of the Statute aforesaid, that the meaning of these words, Et ille cuius canis inventus fuerit tunc non expeditatus det pro misericordia tres solidos, is as much as to say: that he whose dog is found by the inquisition & view of the Regarders, and by their certificate presented to be unexpeditated, he shall pay 3. s. for a fine for his dog: and yet nevertheless he must have his dog expeditated, if he will keep his dog within the Forest.  
Now the words are further, Et de cetero nullus bos capiatur pro expeditatione canum: By these words it doth appear, that before the making of this Charter of the Liberties of the Forest, it was then an usual thing, that for every default or offence of the Forest, the Foresters would distrain his Ox, which often times was of a great price. And sometimes also the same was done of malice and evil will, to vex and trouble the offenders without any just or lawful cause. And therefore this Article of the said Charter hath greatly mitigated that great amercement & vexation, and hath here set down a reasonable amercement, that is to say, three shillings: and doth now prohibit that from henceforth no Ox shallbe taken for the expeditating of any Dogs.  
Then the words are further as followeth, Talis autem expeditio fiat per Assisam communiter usitatum videlicet quod tres ortelli abscindantur sine pellota de pede anteriori: In these words here is set down and declared what manner of expeditating of Dogs hath been used heretofore by the ancient Assizes of the Forest, which is, that the three claws of the forefoote on the right side shallbe cut off by the Skin. And also here is further added to it a confirmation, that is to say: that the same manner of expeditating of Dogs shall be still used & kept, and no other manner of expeditating of Dogs.  
The words are further, Nec expeditentur Canes de cetero nisi in locis ubi consueverunt Expeditari tempore primae Coronationis praedicti Regis Henrici avi nostri. 
Assisa Forestae H. 2.  The declaration of the meaning of this branch of the Statute doth appear in the Assizes of the Forest of King H. 2. Cap. 11. in which Assizes it is declared that hameling or expeditating of Dogs shall be made Vbicunque ferae Regis pacem habent vel habere consueverunt: that is to say, the expeditating of Dogs shallbe made wheresoever the wild beasts of the King have a place of firm peace, or have used to have a place of firm peace. Master Hesket in his reading of the Laws of the Forest, 
Master Hesket foe, 28.  saith, that if the King do afforest certain land after the said Coronation, where the wild beasts of the King now have their peace and rest, there shall be hameling or expeditating of Dogs: and yet such hameling of Dogs was not used there at the time of the said Coronation.  
The same law is if a man have licence to enclose his land where the wild beasts of the King only at the time of the Coronation use to have their haunt and rest: and he doth enclose the same land with stone walls: 
Expeditating of Dogs.  so that the wild beasts cannot have their haunt there, by reason whereof they do change their haunt and rest, and do resort to some other place whereas they did not use 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 law is of the contrary part. For if the place where the wild beasts have had their haunt and rest at the time of the said Coronation: And where at that time there were hameling and expeditating of Dogs used: 
Hameling of Dogs.  If afterwards the same place be disafforested? then after such disaforesting of the same, there shall not be expeditating of dogs any more used: notwithstanding that expeditating of dogs was used there at the time of the said Coronation. So it is also if such haunt and rest of wild beasts and expeditating of dogs were used at the time of the said Coronation, by usage, by matter in fait in the country: 
Expeditating by matter in Fait.  and not by matter of record, as by presentment, or by amercement for such offences, there if the haunt and rest of the wild beasts be changed from thence to another place, then at this day there shall not be any hameling of dogs in that place, where in deed the same was used at the time of the said Coronation: for that, that no usage was of that there after the time of memory, and the usage before is but matter in fait, which cannot be tried nor lie in notice, or use, now at this day.  
The same law is if the king do grant to john Astile a frank Chase through out all his lands within the Forest of the King, and within those lands the wild beasts have used to have their haunt and rest upon that land, and before that grant made, there was always halmeling of dogs used: Yet now in this place the dogs of john Astyle the grantee of the king shall not be hameled, although the contrary were used at the time of the Coronation.  
The same law shallbe where the king doth grant licence to john Astyle to make a Park, & to imparke certain of his lands within the Forest, and he shall have the Privilege of a Park and Saltarie there, and he doth make the same Park and Saltarie, according to his grant: in which place before that time expeditating or hameling of dogs was used ut supra: there his dogs within the Park shall not be hameled: but in neither of these two last cases the dogs of any other person, be it his Servant or other stranger, they ought to be hameled within that Park or Close. And this much concerning hameling of dogs.  
It may peradventure here be demanded what dogs shall be expeditated by this Statut. And what dogs a man may lawfully keep within the Forest. And to this question I answer, that by the Assizes of the Forest, it is most plain that there are two sorts of Dogs that may be suffered to be kept within the bounds of the Forest, which are Mastivos et pa●uos catulos, and all other dogs are forbidden by the Laws of the Forest, to remain within the bounds of the Forest. But any inhabitant within the Forest may lawfully keep a Massive for the safety of his house and goods in the night: so that the same Mastiff be expeditated and lawed according to the assizes of the Forest, 
Assisa et Consuetudines Forestae Articulo 9  as it doth appear in Assisa et Consuetudines Forestae Articulo 9 In these words: Si quis Mastiws inventus fuerit super aliquam feram, et mutulatus fuerit, ipse cuius erat, quietus erit de illo facto, si non fuerit mutulatus ipse cuius fuerit Mastiws, erit culpabilis tanquam de manupasto suo. Et debet poni per sex plegios quorum nomina debet imbreuiare et etiam qualis fuerit canis. So that hereby you may note that a man may keep a Mastiff within the Forest lawfully if that he be expeditated: Although that such a Mastyve be found upon a Dear, the owner of the same Mastiff shallbe quite of the offence. Also it doth appear in Assisa et consuetud'Forestae Art. 16 that a man may lawfully keep little dogs within the Forest, that can neither fear nor hurt the King's wild beasts of the forest: for the words are as followeth, nullus messarius ducat secum Mastiwm magnum ad fugādū feras domini regis, 
Assisa et Consuetudines Forestae Artic. 16.  sed paruos catulos ad expectandum extra copertum: By which words you may here note that a man may not lawfully drive the Dear out of his Corn with a great Mastyfe, but with a little dog that can but look after them out of the covert: so that such little dogs as do not dare to follow the King's wild beasts into the covert of the Forest, nor to run after them to fear them, may be kept lawfully within the Forest, and such dogs shall not be expeditated, nor any fine paid 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 words of the Statute are further, as followeth, Nullus Forestarius vel Bedellus de cetero faciat Scottallas, vel colligat herbas, vel avenam, vel bladum, aliquod, vel agnos, vel porcellos, nec aliquam collectam faciat, nisi per visum & sacramentum duodecem regardatorum, quando facient regardum. Tot Forestarij ponantur ad Forestas custodiendum, quot ad illas custodiendum rationabiliter viderint sufficere.  
Here it doth appear by the examination of this branch of the Statute, what great oppressions and extortions in times past were offered and done to the inhabitants and dwellers within forests, or near unto Forests, and unto such as had any lands or woods within the forests by the Foresters and other officers of the Forest: And therefore this branch of this Statute was made as it were upon the general complaint of the whole communalty of this Realm, for a special provision and remedy for the avoiding of those mischiefs, which the communalty were then so oppressed withal. Which said mischief and oppressions do seem by this Statute to be two fold, that is to say. First the extortions of the Foresters and other officers of the Forest. And Secondly, the multitude of those officers by whom they were so oppressed: and as the mischiefs at the time of the making of this Statute were two fold: so the provision and remedy of this Statute is twofold likewise. The first is a general prohibition for the avoiding of all manner of extortion by any officer of the Forest, beginning in these words: Nullus Forestarius vel bedellus de cetero faciat scottallas, vel colligat herbas, vel avenam, vel bladum aliquod, vel agnos, vel porcellos, nec aliquam collectam faciat nisi etc. The Second is a general prohibition, made for the avoiding of all manner of surcharging of the Forest with overmany forester's and Walkers, and other under officers: to the end that there should be no more of those officers in the Forest, then might reasonably suffice for the keeping of the kings wild beasts: and so by reason of the diminishing of those officers, their extortion might also the easilier be diminished. And as concerning the first provision of the Statut, which is for the avoiding of extortion. It is to be understood that there are Seven things forbidden in this branch of the Statute, which are, those things wherein the extortion of those officers in times past was most chiefly committed: which are as followeth.  
That is to say: that no Officer of the Forest shall by colour of his office only make any 

1 Scottall.  
2 Or gathering of any Hey.  
3 Or Oats.  
4 Or any other Corne.  
5 Or Lambs.  
6 Or Pigs.  
7 Nor shall make any manner of gathering.    
Now it is to be seen what thing Scottall or Scottale is. And for that it is to be understood that a Scottal or Scottale is, where any officer of the Forest doth keep an Alehouse within the Forest, 
A Scotale is a kind of extortion.  whereas he is an officer and by colour of his office doth cause men to come to his house, and there to spend their Money, for fear of having his displeasure: this is called a Scottall, & this is to be inquired of, per duodecim iuratores at the Swanimote, and also at the general Sessions of the Forest. And if such a Forester or officer of the Forest be attainted of any such offence, than he is to be punished for the said offence, and also to be put from his said office. And the like law is, where any Forester or other officer of the Forest doth keep any game, or sell any Ale at a certain day, and by colour 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 rob, or have his house broken or burned by mischance, so that by those means he is undone, and he doth desire the people of the Forest for his relief, to come and drink with him, and to give him their money for charity's 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 whatsoever 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 colour of his office only do oppress the people of the Forest that have any common of pasture within the same forest: and do secretly compel them, in respect to have his favour, to give them Hay or Oates, or any other Corn, or Lambs or Pigs: 
It appeareth by the word, (de cetero) that before the making of this Statute, these extortions were used.  or do make any manner of collection for any Money or any other things: This is extortion, and is now prohibited by the Statute to be used any more hereafter: For the words are de cetero, that is to say, from henceforth, that is, from the making of this Statut, such things shall not be used. And if any officer of the Forest do use any such Scottall or gathering now at this day, the same is extortion by the law, 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 unto 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 Corn, or Lambs or Pigs, or making of any manner of collection by any Forester or officer of the Forest, is unlawful in some cases: (as where any such thing is newly exacted upon the people of the Forest without any good title or right to the same:) yet in othersome cases all those things that are here prohibited and forbidden by this Statute may be lawful, so that the same, usage had his beginning by good and lawful title, which may be in three sorts which are as followeth.  

1 By Tenure.  
2 By Grant.  
3 By Prescription.   
1 The first is, by Tenure, as where a man doth hold certain land of the Kings within the Forest, 
By Tenure.  to pay unto any officer of the Forest every year at his Scottall xii. d. or. v. s. or one Sheep or Lamb: this is not extortion nor within the letter of this Statute, for this is not done Colori officij, that is by colour of his office only without any other right or till to the same: but this is a thing done virtute officij. And in like manner it is if a man do hold land of another man, paying for the same a certain rent, and also to pay yearly to a Forester or other officer of the Forest certain Oats or Corn or such like: this is not extortion nor within the letter of this Statute.  
So it is if a man do give land by his deed enrolled unto another in tail, to find or to give unto the Foresters of the Forest a certain collection every year. In this case if the donee will not pay nor deliver the said collection accordingly, the foresters or other officers of the Forest have not any remedy by the law to compel the said donee to pay the said collection. But otherwise it is of the King himself, for he may by endictment in respect of his right of the Forest have remedy: And in this case the donor himself may compel him by distress to pay the said collection unto the said officers of the Forest: And notwithstanding that the donee do pay the same collection unto the donor, and not unto 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 distrain the donee a new for his service not done.  

2. By grant.  2 The second is, by grant, as if any man dwelling within the forest will grant unto the King a certain collection or a certain profit for his forester or other officer of the forest, to be received yearly by the said officers: In this case the said Foresters or other officers of the forest may lawfully gather that collection or other profit, notwithstanding the prohibition of the said statut.  
The same law is if a man do grant to such an officer of the Forest any such collection, profit or other thing in Sustentationem officij, that is a good grant, and by that grant the said officers of the Forest which have such a grant may lawfully take and gather such a collection: notwithstanding the prohibition by that letter of the Statute, and upon the first case the King may force him to come and to pay the said Foresters the said collection or other profit, by an assize or information for the King before the justices of the Forest, by a datum est curiae intelligi, that the grantee will not pay such a collection according to his grant may compel him to pay the same, and also in the said Second case he shall be forced to perform his grant by an Action of covenant.  

3. By prescription.  3 The third sort or manner of lawful gathering of such things is by prescription, and that is only where there hath been a forest and officers there, the time whereof the memory of man is not able to remember the contrary: for in that case to allege that the Forest was made after the limitation of the writ of right doth avoid the custom and prescription clean.  
A Forester in fee may prescribe in him & his ancestors to have three half pence every day throughout the whole year, pro victu suo, & he may lawfully gather the same, notwithstanding the prohibition of the said Statute. 
Hesket f. 30. E.  And the like law is in all cases of prescription where the same prescription is lawful.  
So a Forester of fee may prescribe to have all the wind-fal-wood, or Mort boys within the forest, or throughout all his bailiwick, and in like manner all the browswood that is felled for bruise in Winter for the Dear. Also a Forester may prescribe to have the umbles, & also one shoulder or both the shoulders of every Dear that is killed within his Bailiwike, and likewise the skin, and this is a good prescription in law.  
And whereas the words of the Statute are Nisi per visum & Sacramentum duodecem regardatorum. It is to be understood, that these words do permit and suffer some sort of scottals and collections made by the Foresters and other officers of the Forest to remain and continue still at this day: So that the same be such Scottals or collections as had a lawful beginning at the first, as hath been showed before, which of necessity 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 upon their oaths 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 Grant: or by ancient Prescription: so that thereby it may appear by their view and oaths, that the said Scottals or collections which the Foresters and other officers of the Forest do so use to make, is a thing that is lawfully done by right and good title to the same, and not wrongfully exacted upon the people by colour of their office only.  
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 keep the Forest then were needful, which multitude of such officers did oppress the people by sundry 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 avoiding of the same, that there shall not be any more Foresters or Walkers in any Forest then shallbe thought meet and convenient by the discretion of the Regarders when they do make their regard of the Forest. And if the Regarders do find that there be more Foresters & walkers than are needful, and also more than hath been accustomed to be in ancient time: Then upon their presentment of that matter, 
The Statut of Ordinario Forestae, made in Anno. 34. E. 1. cap. 4.  They shallbe removed by the justices of the Forest. And the offenders in this behalf shallbe punished, as it doth appear by the Statute called Ordinatio Forestae, Cap 4. in these words: Et si superoneratio Forestarum aut aliorum qui se gerant ut ministri Forestae inveniatur, amoveantur 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 eorum oppressionibus populo nostro & fiant inde emend & punitiones, pro ut 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 justices of the Forest: And they are to remove such surchargers of the Forest. The punishment of such offenders is expressed by the words aforesaid. And it doth appear 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 oath of the Regarders, as it doth appear by those words, Viderint sufficere, and that shallbe according to the quantity of the ground of the Forest. For if the Foresters have divers bailiwicks and Walks: 
In capitulis attachiamentorum.  then there ought to be one Forester or more in every Walk or Bailiwike within the Forest to walk the same as it is proved by the tenth Chapter de Capitulis attachiamentor ' que voit Quod Forestarij mane surgant & in Ballivam eant & ibi more faciant usque ad horam nonam & tunc eant ad prandium. Et cito post prandium redeant in Ballivam suam videlicet, in parts illas ubi non fuerant ante prandium & ibi eant audientes & insidientes, 
How and in what manner a Keeper or Forester shall walk.  ne quis in ea malum faciat usque ad vesperum. Et sic faciat singulis diebus. And whereas the words of the Statute are Nullus Forestarius nec Bedellus: It is to be understood, that this word Bedellus a Bedell is an Officer or servant 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 aswell within the Courts of the Forest as without: and also to execute all the Process of the Forest. He is like unto a Bailie Errand of a Sheriff in his County. And here it is also to be noted, that although the letter of the Statute doth speak but of a Forester & a beadle, yet nevertheless the same Statute doth extend to all other officers in the Forest, aswell as to the Foresters and Beadles, for the Statute was made for the redressing of one general mischief: and therefore the said Statute shall not be said to redress it in part, but in all: like as the Statute that doth speak but of the Warden of the Fleet only, and yet the same doth extend to all other Keepers of prisons aswell as to the Warden of the Fleet, for as much as the same statut was made for the redressing of a general mischief, & yet the letter thereof speaketh but only of the Warden of the Fleet: & the like is of divers other Statutes.   

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

Carta de Foresta, artic. 8.  THe chief scope of this branch of the Statute tendeth to this end and purpose to establish and set down the time certain for the holding of the Courts of the forest, that is, the Court of Swanimote, and the forty day Court, and that for two causes. The first is, because that all the officers of the forest and all others that shall have any thing to do at these Courts of the forest might by this branch of the Statute know the times of these Courts certain, which before were uncertain. The second is, that for as much as before the making of this Statute there was no time certain limited for the holding of these Courts of the forest: And therefore the chief Wardens and foresters of the forest did hold the Courts of Swanimotes as often as they themselves would, and constrained the people which did dwell within forests thereby to appear at these Courts so often, that the same was a great oppression unto all the people of the forests within this Realm, & oftentimes great exactions were paid by the inhabitants of forests to the officers of the forest, to have their favour & friendship rather than they would appear so often at those Courts: therefore now these mischiefs are avoided and provided for by this Statute, which willeth and appointeth that from the time of the making of this Statute, the Courts of Swanimote shallbe holden but thrice in the year: and the Statute doth also there set down at what days in the year the same Court shallbe 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 shallbe compelled to appear there, and to give their attendance at these Courts: as it hath been showed before pa. 92. and as the same doth appear by the Statute itself at large here before pa. 31. And whereas the letter of the Statute is, that no Swanimote from henceforth shall be kept within this our Realm but thrice in the year: First the xv. day before Michaelmas, when that our Agystors of our Woods do came together to take agistment in our demesne Woods. And about the feast of Saint Martin in Winter, 
1. How often the Swanimot shallbe holden in a year. 2. At what days in the year they shall be holden. 3 What officers shall be there. 4 At what place the same shallbe kept.  when that our Agistors shall receaive our pawnage: and to these two Swanimotes shall come our Foresters, Verderors, Agistors, and none other by distress. The third Swanimote shallbe kept in the beginning of 15. days before the feast of Saint john the Baptist, when that our Agistors do meet together to hunt our Dear. And at this Swanimote shall meet our Foresters, Verderors and none other by distress. Yet nevertheless it is to be understood that as the law is now at this day, all the officers of the Forest ought to appear at every Swanimote, as the verderers Regardors, Agistors, Woodwardes, and all other persons within the compass of the Forest which are free holder's, and also de qualibet villa et villata quatuor homines et propositus: that is to say, of every Town and Village within the forest, the four men and the reeve: for although that this Statute of Carta de Foresta were made in the negative of the Law and usage that was before the time of the making of the same, prohibiting thereby that no other person but only those before recited shallbe compelled to come to the said Courts of Swanimote by distress, yet that law is now alterrd by a later Statute made in Anno 34. Edwardi primi called Ordinatio Forestae. 
Vide le brief de Summons. hic anre pag. 155 Vide Assisa Forestae, art. 7.  And also by a Statute made in Anno 1. Edward 3. Caput 8. For the words of the Statute of 34. of Edward 1. are these, vz, First we have decreed for us and our Heirs, that of trespasses hereafter to be done in our forests of green 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 ibidem, 24  Agistors, and other ministers of the same forest. And upon such presentments there before the Foresters, Verderors, and all other ministers aforesaid, by the oath aswell of Knights as of other honest and lawful men of the nearest parts where the trespass so presented shallbe done, not suspected, by whom the truth of the matter may be fully inquired of, and the truth so inquired of, the presentments shallbe solemnly affirmed and sealed with their Seals, by the common agreement and assent of all the ministers aforesaid. And if the indictment be made in any other manner, the same shall be utterly void. So that now it doth appear 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 necessity appear at the Courts of Swanimote, according to this latter Statute, for otherwise the endictmentes that are there made against trespassers of the forest are void: for all the officers of the forest must affirm the same endictment, and the party indicted must be indicted before all the officers of the forest: Then Ergo all the officers of the forest must of necessity by this Statute come to the Swanimote Court: And there also must be at the Court of Swanimote the freeholders of the forest and other good and lawful men, for to make inquests & juries there: for the presentments there by the words of the Statute aforesaid must be made per sacramentum tam militum quam aliorum proborum et legalium hominum de partibus vicinoribus ubi etc. Then Ergo there must be freeholders & other honest men of necessity: notwithstanding the words of the said Statute of Carta de Foresta aforesaid: and therefore although that the same Statute doth speak but of three sorts of officers, that is to say, of foresters, Verderors and Regardors, that are compellable to come to the Court of Swanimot by distress. 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 freeholders within the forest, and the four men, and the reeve of every Village within the forest must come to the said Courts of Swanimote and give their attendance there: for if any of them do make default at any Court of Swanimote that is holden within the forest: every such defaulter shallbe amerced for the same default, & the same amercement shallbe estreighted out of the chief Warden of the Forest to levy the same by distress: and so by this means every person that ought to give any attendance at the Courts of Swanimote, shallbe compelled to come to the said Courts of Swanimote by distress, notwithstanding the letter of the Statute aforesaid.   

The letter is, et nulli alij per districtionem.  
Now it is to be seen what is meant by this word (per districtionem:) And for that it is to be understood, that if any of the officers of the Forest or others, which ought to give any attendance at the said Courts of Swanimote, and they will not come to the same but do make default there: then that default there shallbe enroled in the rolls of the said Court of Swanimote: and upon that enrolment, the Verderors and the Steward of the Swanimote or his Clerk or deputy there, by the Oath of the other officers of the same Court, those which do make default shallbe amerced, and that a mercement there shall be assessed also and estrayted presently to the chief Warden of the forest or to his deputy, or to the Beadle of the Forest (which is an officer to go throughout all the Forest, 
What is meant by this word distress.  like unto the Sheriffs special bailiff) to be levied by distress. But in this case the Verderors may choose if they will, whether that they will so estreat the said amercementes upon the defaulters presently by distress as is aforesaid, or else to certify those defaults in their rolls before the justices of the Forest: & then the justices of the Forest will cause writes to be made out to the chief Warden of the Forest, or to the Sheriff of the Shire where such defaulters do dwell, to levi those said amercements by distress, or else the Verderors if they will may certify those defaults into the Court of Exchequer before the Barons of the said Court of Exchequer: and then thereupon the Barons of the Exchequer will cause process to be made out to the Sheriff of the Shire to levy the said amercementes by distress. And there are sundry very good presidents to warrant either of these three ways aforesaid. And concerning distresses, as I do take it, those that do make defaults at the said Courts of Swanimote, and the same defaults being recorded, than the defaulters may be distrained to appear at the next Swanimote of common right: Like as upon an original, where a man is Summoned and doth not appear, afterwards a distress shall go out immediately against him, and then as it seemeth, those that do make default there, shall be bound to a double distress by reason of that default, that is to say, one distress for the amercement, by reason of his non apparance pro secta sua non facta, 
The nature of a distress.  and another for a new appearance at the next Swanimote be it suit real or suit Service, or else by direct process of common right, like unto a distress against a juror to distrain him to come to the next Swanimote. But now for the better understanding of the word distress, I will here speak something concerning the nature of the same: And where distresses may be lawfully made & taken, in such cases which do concern Swanimotes: and what things may lawfully be had or taken in execution for distresses. And for that it is to be understood, that if an officer of the Forest do make default at any Court of Swanimote, than 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 less, in any land that he hath, or doth hold by reason of his office, if he do hold any land so. And in the like manner, he may distrain any other land that he hath within the Forest, although that the same do not appertain unto his office: but he cannot distrain him out of the Forest in his lands: but he may distrain the goods or Cattles of that officer, 
How distresses ought to be taken.  although that they be in the lands of any other man within the Forest. And the same law is of every other man that ought to appear at the said Courts of Swanimote, as the four men and the reeve, Bailiff, Constable, tithing-man, Freeholder, of juror which is Summoned to appear at the said Court of Swanimot, to be of any jury for the Queen's Majesty, or any other service there as in the case is afore said. And if the said chief Warden of the Forest, or his Lieutenant, or the said Bedell of the Forest, which ought to distrain, cannot find any distress of his within the Forest, than he ought to certify the same before the justices of the Forests: and upon a Testatum there, that such a person which ought to appear 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 distrained by, but that he hath sufficient lands within such a County which is out of the Forest: then upon that Testatum there shall go a write or precept to the Sheriff of the said foreign County which is out of the Forest, where he hath sufficient of lands, ad distringendum terras et tenementa cuiusmodi A. B. comitat' illo &c. And then by virtue of that writ or precept the Sheriff may lawfully distrain him there for that amercement: and so you may see that the justices of the Forest upon such a Testatum as is afore said, may cause a write or precept to be made to the Sheriff of a foreign County, that is out of the Forest, to levy such a mercement by distress: and yet they are not properly justices within the said Counties, but justices of the forests within those Counties: & this is affirmed by the opinion of Master Hesket. 
Master Hesket Foyes, 37.   
And if the Bedell of the Forest or other officer do come to distrain for such an amercement in the Forest, and the owner of the same goods, (which are to be distrained) knowing thereof by covin doth come before that the said Bedell or other officer hath distrained them and doth convey them away out of the forest: in this case, although that such an officer do freshly pursue them: yet he cannot lawfully take those goods nor distrain them being out of the bounds of the forest. But if such an officer had taken and once seized the beasts of the defaulter for such an amercement lawfully as a distress, and then the owner by force had taken them from him, and so drive them out of the Forest: then the said Bedell or officer may make hue and cry & freshly pursue after him, and so take those beasts from the said rescusor in any place wheresoever out of the Forest. And the same law is, if a stranger do take those beasts from the Bedell or officer after that he hath distrained them, and then doth deliver them to the first owner again which doth drive them out of the Forest: then the said Bedell or officer may lawfully pursue them and take then again. But if that the beasts distrained ut supra, do come back to the owner again into his land, that is out of the bounds of the Forest by the negligence of the Bedell or officer that ought to have impounded them, than the officer cannot take them again: 
Master Mesket Fo. 38.  For now the first distress is determined by the coming back again of those beasts 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 beasts doth come to the possession of them again by his own wrong.  
But if the Bedell or other officer do distrain for any amercecement ut supra, and then doth deliver the same beasts which he hath taken by distress to a stranger to keep to his own use, whereby the stranger to whom they were delivered so to keep, doth drive them to his own land being within the Forest: and afterwards the owner of those beasts doth take them out of his land that hath the keeping of them, and drive them out of the Forest: in this case the Bedell nor other officer can not take them again now being out of the Forest. But otherwise it is, if that the Bedell or other officer had taken the distress and delivered the beasts unto a stranger to keep as a distress: In this case, if the owner take them & do drive them out of the Forest, yet the Bedell or other officer may freshly pursue them & take them again from him although that they be without the Forest in a foreign County. Note the difference where such beasts were delivered to be kept as a distress, and where to be kept to his own use.  
If an officer of the Forest, or other person that ought to appear at the Swanimote Court, have land within the Forest, and the beasts of a stranger do escape into his land, by reason whereof the land-tenant doth distrain them and put them in the pound in the same land as in one pound: and then afterwards the Bedell of the Forest doth find them there so levant and cowchant, afterwards he may distrain them for that amercement. But otherwise it is if those beasts were never levant and cowchant there.  
If the Bedell of the Forest or other officer do break the close or the land that is enclosed with one ditch and a hedge & a gate with a lock to it, and doth there distrain for such amercement of the same man to whom the land doth belong: That distress is not lawfully taken there. But if the gate be unlocked, or the hedge do lie open, otherwise it is. And otherwise it is, if such officers do distrain such beasts in the high way within the Forest out of any close or enclosure.  
And if one be amerced ut supra, and after that he is so amerced, he doth deliver his beasts and his goods that he hath so within the Forest to another in pledge or in mortgage: There the Bedell of the Forest nor other officer cannot afterwards distrain them during the pledge or mortgage.  
But otherwise it is, where issues are returned upon the lands of a freeholder within the Forest which hath made default and lost the issues, and afterwards he doth alien that land: there the said Beadle may distrain in that land that is aliened for those Issues that are lost. And thus much concerning distress.  
It were a thing very necessary here in this place to show of what things distresses may lawfully be made and taken. But because that the same is a matter that doth altogether follow the course of the Common Law, I will here omit it and refer you to the Register of Writes in titulo Distresses for that matter.  
The words of the Statute aforesaid are Conueniant Forestarij, viridarij, & agistatores: It is necessary now here to show what a Forester is, how he is made, & what his office is. 
What a Forester is.   
And for that it is to be understood that a Forester is an officer of the Forest of the King, or of another man, That is sworn to preserve the Vert and Venison of the same Forest, and to attend upon the wild beasts within his Bailiwike, and to attach offenders there either in Vert or Venison, and the same to present at the Courts of the same Forest, to the end that such malefactors may thereby be punished according to the quality and quantity of their offences and trespasses.  
And a Forester of the King's Forest is made by the King himself by his letters Patents under the great Seal of England: And some such Foresters, are foresters in fee, and have the same office to them and to their heirs, paying unto the King a certain fee firm or rent for the same, 
How a Forester is made. Who is a Foester of see.  as it doth appear by the Assizes of Pickering and Lancaster. And there are other some foresters of the King that have their office but for term of their life only. And again, there are some foresters of the King that have their office by Letters Patents from the King under the great Seal of England but durant bene placito only.  
And in like manner it is of other foresters that are not foresters of the King. 
Who are Foresters.  And those that are servants to such foresters to look to the Forest, and to attend the Dear for them, they are not properly called foresters, 
Walkers or underkeepers.  but Walkers or underkeepers.  
The oath of a Forester, Walker, and under-keeper, hath been showed already before, Page 51.  

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

To Preserve. 1  
To Watch. 2  
To Attach. 3  
To Present. 4    
1 And as concerning the first point, which is to preserve: It is to be understood, 
The office of a Forester is to preserve.  that a Forester or Keeper of the Forest must be a special preseruatour of the Vert and Venison of the Forest, without the which it can be no Forest: And therefore such an officer must always have a vigilant eye to preserve the Coverts of the Forest where the wild beasts may have their secret abiding, and also the wild beasts which are beasts of venery. And such an officer may not kill or destroy any of those beasts of Venery of his own authority 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 very careful to provide that the Dear may have food in the Winter: And for that cause the Law hath provided that the Forester may lawfully lop Trees in another man's land upon some special occasions for browse to secure the Dear in the Forest withal, as it hath been showed before. Like wise every good Forester must be careful for the looking unto his Dear in the fence-moneth, which is the time of their fawning, for the preservation of the young Fawns, for the increasing of the game, according to the Assizes of the Forest. And thus much concerning the first point of his office, which is to Preserve.  
2 The second point of the office of a Forester is to watch, or to be careful in attending of the Vert and Venison of the Forest, to see that the same be not by any means destroyed: For as a Forester himself may not kill nor destroy any of the wild beasts 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 trespass in the Forest to the hurt of the Vert or Venison of the same Forest. For it doth appear by the Laws of Canutus, Canon. 2. That forester's 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 find offending or trespassing within the Forest, to the end that they may receive such punishment for the same as the laws of the Forest doth in that behalf appoint.  
4 Now the fourth point of the office of a Forester is to present, which is, that he that is a Forester must not conceal any manner of offence that shallbe 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 trespass of the Forest, before the Verderors of the Forest, at the forty day Court, and at the Court of the Swanimote, according to the assizes and laws of the Forest, to th'end and purpose, that the Vert and Venison of the Forest may be the better preserved and kept by the due punishment of such as shallbe found 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 seen what a Verderor is: how he is made, what is his oath, and also what is his office.  
A Verderor is a judicial officer of the King's Forest, chosen by the King in the full County of the same shire within the forest where he doth dwell, 
The definition of a Verderor.  and sworn to maintain and keep the assizes of the Forest, and also to view, receive and enroll the attachmentes and presentments of all manner of trespasses of the Forest of Vert and Venison.  
And it is to be understood, that there are most commonly in every one of the King's forests within this Realm four officers of the forest called Verderors, which ought to be Esquires or gentlemen of good account, ability & living, which are wise and discreet men and well learned in the laws of the Forest. The office of a Verderor is almost like unto the office of a Coroner in some points: for as a Coroner by the law is to view the dead body of any of her Majesty's Subjects that is suddenly slain or found dead, and it is not known how he doth come by his death, than the Coroner is to repair to the same dead body upon notice thereof unto him given, to see and view the same, and there also to inquire by the oath of xii. good and lawful men upon the view of the same dead body, and such evidences & circomstances as can by any means be there learned how he came to his death, and who was the occasion thereof. Even so a Verderor is to view the wild beasts of the Forest: And if any of the kings wild beasts in the forest be found slain or sore wounded, or hurt: then upon notice thereof given unto the Verderors or unto any one of them, than he ought to repair to the same wild beast that is so slain, killed or hurt, and there to cause an inquisition to be made per quatuor villatas propinquiores Forestae, to know how the same wild beast was killed, and by whom: as it doth appear by the assizes of the Forest, Articulo 7. 
Assisa et consuetudines Forestae Artic. 7.  And so a Verderor in that respect is an officer like unto a Coroner. And it is to be noted, that even as a Coroner is chosen by the Kings writ in the full County: So is a Verderor also, for when any of the King's Verderors of his Forest is dead, then upon certificate thereof made unto the King in his high Court of Chancery that T. Barfoote one of the Verderors of the Forest of Waltham is dead, 
How a Verderor is made.  the king thereupon doth grant out a write de viridario eligendo directed to the Sheriff of the same Shire, within which the Forest is, where he is to be chosen Verderor, commanding him in his full County to choose another Verderor in the place of him that is dead, the tenor of which writ is as followeth.  
Elizabetha dei gratia Angliae, Frantiae, et Heberniae, 
The writ de viridario eligendo.  Regina fidei defensor etc. vic' Essex salut '  
quia Tho. Barfote nuper unus viridarior' nostrorum Forestae nostrae mortuus est ut accepimus, ideo tibi praecipimus quod si ita est, tunc in pleno come tuo de assensu eiusdem come loco praed'Thomae Barfote eligi facias unum alium viridarium, qui prestito sacramento prout 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 etc.  
By which writ it appeareth that a Verderor shall be chosen in the full County, in the same manner as a Coroner is, by the freeholders. So that when the Sheriff hath received the Kings writ aforesaid for the choosing of an other Verderor, and that he by virtue of the same writ in his full county hath caused the freeholders there to elect a wise, discreet, sufficient and able man, 
See the oath of a Verderor at large before pag. 51.  to serve in the said place of a Verderor, & that the same Sheriff hath given unto him an oath according to the Tenor of his writ, which is, that from henceforth the same Verderor shall observe and do those things which unto the office of a Verderor doth appertain within the same Forest: And then this election of such a new Verderor together with his name must be certified into the Court of Chancery by the same Sheriff, in his return made of the same write: and in this sort a Verderor is made, and no otherwise then this no man may be made a Verderor of any Forest of the Kings.  

Fitzh. fo. 164  And if any Verderor of the king's Forest be discharged from his office by false suggestion by a writ of the Kings, directed to the Sheriff: then the party or Verderor so discharged, may come into the Chancery and there require a commission to inquire of that suggestion, and to certify that inquiry in the Chancery before the King: or the justices of the Forest may certify the King of that false suggestion under their Seals. And if the same suggestion be found false, than the King may make a supersedeas to the Sheriff, that he shall not remove the said Verderor etc. And if that he be removed already, that then he shall still suffer him to use and occupy the said office of a Verderor as he did before. And thus much concerning the making of a Verderor and also his oath, which you may see set down 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 Assizes juries or inquests they may have a writ directed to the Sheriff to discharge them, as it doth appear in fitzherbert's N●atura brevium.  

Vide Natura brevium, Fitzh. fo. 167. a The office of a Verderor.  And now concerning the last point, which is, the office of a Verderor, & what the office of a Verderor is: & in what things the same doth chiefly consist: it is therefore to be understood that the whole office of a Verderor doth consist in these six things, that is to say: 

1 Ad videndum.  
2 Ad inquirendum.  
3 Ad recipiendum.  
4 Ad inbreviandum.  
5 Ad judicandum.  
6 Ad certificandum.    
And as concerning the first point, which is, Ad videndum to see & to view, It is to be noted that a Verderor ought to view the Vert and Venison of the Forest, 
Assisa Forestae Artic. 3  as it appeareth in Assisa Forestae Articulo 3. in these words: Si quis inventus 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. imbreviari: By which Article it is proved, that if an Oak being over Vert within the Forest, be felled or cut down out of the Kings demesne Woods, the same Oak is to be apprized by the view of the Verderors. And also, as to the fourth point of the office of a Verderor, which is, Ad inbreviandum, to enroll, It is also there provided that the Verderors ought to enroll their apricement and view in their roll.  
And it doth also appear 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 enroll in their roll likewise, and also certify the same before the Lord justice in Eyre of the Forest at his next coming into the Forest to hold the general Sessions of the Forest. 
Carta de Foresta, cap. 8  And it doth also appear 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 appear that the office of a Verderor is, both to view the attachments of the Foresters, and also to receive their attachments and to enroll them in the rolls of the Verderors, and then it followeth that all those rolls of the Verderors must be by the said Verderors certified to the justices of the Forest at their coming into the same Forest to hold their general Sessions of the Forest, 
Assisa Forestae Articulo 19  as it doth appear in Assisa Forestae Articulo 19 And also the verderer's office in some causes is to judge of offences and trespasses that are committed and done within the Forest, as of trespasses in Vert, the value thereof being under the some of four pence. And it doth appear by the Assizes of Lancaster and Pickring, that the entry of the pleas of the Forest are thus, presentatum per Forestarios et convictum per viridarios: Whereby it doth appear that the office of a Verderor is a judicial place or office: and this much concerning the office of a Verderor.   

The letter of the Statute is farther: Et Agistatores.  
IT is therefore now very necessary 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 understood that an Agistor or gistaker of the King, 
The definition of an Agistor,  is an officer of the King's Forest, to oversee and to agist the Kings demesne Woods and lands, and to receive the King's Pawnage, and to do for the profit of the King therein the best he can, 
Assisa H. 2.  and to make a true account thereof.  
And it doth appear by the Assizes of Henry 2. that the Agistors of the King's Forest are made in the same manner as the Foresters of the kings Forest are made, 
How an agistor is made.  and that is by the King's letters patents under the great Seal of England, as it hath been showed here before. And it doth appear there also that the King hath in every Forest where he hath any Pawnage, four Agistors or gistakers, to receive the agistment and Pawnage for the King: For the words are these, Quod in quolibet come in quo dominus Rex venationem suam habet, ponantur duodecim milites ad ostend'et supervidendum venatitionem suam et quod viridarij cum Forestarijs et quatuor militibus ponantur ad agistandum boscos et recipiendum paunagium suum: And by these words it doth appear that the office of an Agistor is to agist the Kings demesne Woods, and to receive the Pawnage thereof to the use of the King, and to render an account thereof.  
And it is to be understood, that the office of an Agistor of the kings Forest doth consist in these four things, that is to say: 

1 Ad agistandum  
2 Ad recipiendum.  
3 Ad inbreviandum.  
4 Ad certificandum.    
And concerning the first point, that is to say, Ad agistandum, which is to agist the Kings demesne Woods and lands: he that is an Agistor of the King's Woods within the Forest, must have an especial care to agist the same for the best advantage and profit of the King, and also to receive the Money for the agistment and pawnage for the same to the use of the King, and then he must faithfully and truly enroll the same in the agistor's rolls of the Forest, which enrolling and receipt of the said Agistment and Pawnage, the said Agistors must also certify before the Lord justice in Eyre of the forest at his next coming into the forest, to hold the general Sessions of the forest, & thereupon to make a true account of such Money as they have received for Pawnage or otherwise to the King's use, as it doth appear by the wrte of Summons of the justice Seat of the forest: And thus much concerning an Agistor of the King's forest.   
The Letter of the Statute of Carta de Foresta Articulo the 9 is further as followeth, unusquisque liber homo agistet boscum suum in Foresta, pro voluntate sua, et habeat Paunagium suum, concedimus etiam quod unusquisque liber homo ducere possit porcos suos per dominicum bosc' nostrum libere et sine impedimento ad agistandum eos in boscis suis proprijs vel alibi ubi voluer it. Et si porci alicuius liberi hominis una nocte pernoctaverint in foresta nostra, non inde occasionetur unde aliquid de suo perdat. 
THe Law of the Forest before the making of that Charter of the Liberties, was that no man might agist his Woods or lands which he had within the Forest, until the Woods of the King were agisted, & the agistment of the King did alway begin fifteen days before the feast of Saint Michael, and did endure forty days after the feast of Saint Michael: And that agistment of the kings shallbe made by the Verderors Agistors, and Foresters, as it doth appear by the Assizes of the Forest of Henry 2. Cap. 7. for all the herbage throughout all the Forest before that time of the year, 
Assisa Forestae H. 2.  every year was kept and preserved for the wild beasts of the King for their pasture. And if any person did the contrary, than they were grievously punished. And also if any had Woods within the Forest to be agisted he might not drive his Hogs through the demesne Woods of the King to his own Woods, without licence of the officers of the Forest. Or if the Hogs agisted in those Woods did chance to scape by night out of the Woods where they were agisted into the kings Woods, than the owner of those Hogs was grievously punished for that matter: and also the Hogs by the law were forefeited by the presentment of the officers of the Forest. So that by such means, a man that then had Woods or lands within the Forest, should have great damage, prejudice & loss of the profit of his lands or woods, and the agistment there fore the greatest part of the year: and for the remedy of these matters, that Charter of the liberties of the forest was made, which said Charter of the liberties of the Forest doth now give unto every such man that hath Woods within the Forest, a very great liberty, which is, that he may agist his own Woods or lands which he hath within the Forest at his own will and pleasure at any time of the year: And also that he may take the pawnage of them himself at his own will and pleasure: And also that he may drive his Hogs or Swine through the demesne Woods of the King, without any vexation or trouble to agist them in his own Woods or else where there. And though that the Hogs of any other person do remain all one night damage pheasant within the King's Forest, yet notwithstanding he whose Hogs 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 general a liberty given unto all men, therefore the Assizes and customs of the Forest made in Anno 6. Edwardi. 1. Caput 13. hath made one especial limitation and order concerning Swine or Hogs, which is, that although they are not beasts comminable within the Forest, nor to be kept there all the whole year, 
Pag 4  but only during the time of Pawnage, yet a man may agist his Hogs yearly within the Forest in the time of Pawnage, as it doth appear in the words of the same Statut, the words being as followeth: Si quis habuerit boscum juxta dominicum boscum domini Regis, 
Assisa Forestae cap 13  licitum est ei postquam dominice hay 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 etc.  
And so it doth appear that the agisting of the Hogs of any man at this day within his own demesne Woods within the Forest, cannot lawfully be done until the demesne hedgerows and hedges of the King be agisted, and then he shall have the agistment for Hogs during the time of the Pawnage yearly, 
What is Agistment.  by the view of the officers of the Forest, and by their discretion assigned as the Woods may sustain. But now here it is very necessary to show what thing agistment is, & what thing Pawnage is. And for that it is to be understood, that agistment is most properly the common of Harbage, 
What is Pawnage.  of any kind of ground or land or Woods, or the Money due for the same. And Pawnag is most proper the mast of the Woods or land, or hedgrowes or the Money that is due to the owner of the same for it.  
Master Hesket in his reading of the Charter of the Forest, saith that the Pawnage is not the pasture & mast for the Hogs within the Forest, but saith he, 
Master Hesket fo. 48.  it is the duty or Money that is to be paid to the owner of the ground, for the pasture feeding and Mast of Hogs. And he saith further, that the same hath been so adjudged in the time of Edward the first, but he doth not show in what year, but he setteth down the case in these words.  
Trespass fuit port per un home pur entrer in son park & oue ses auns son pawnage la depasta. Et le brief fuit abate per agard del Court. Car le brief doit estre que il oue ses avers pessonem suam la depasta et nemi ut supra, Car le pawnage est solement les deniers pays pur cest pession.   

The Letter is, unusquisque liber homo  
And if a man do hold of me in villeinage certain Wood with in the Forest, yet notwithstanding he may agist his own wood for he is free against all men but only against me. But the law is contrary, if a villain of the Kings do hold Wood within the Forest, for it is properly such a villain that the Statute doth mean: for such a villain hath not any liberty by this letter of the Statute: and in that case the King shall have his agistment and not his villain.  
If I do give land or Wood lying within the Forest to another in tail, Frankemariage, or for term of life, the donée or grantee shall have agistment and pawnage there.  
The same law is if I do let my land or Wood within the Forest to one for term of life or for years, or at will, such a lessee shall have the agistment and pawnage there, but the law is contrary of tenant 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 convictus de captione venationis nostre graviter redimatur si heat unde redimi possit. Si autem non habeat unde redimi possit, iaceat in prisona nostra per unum annum et unum diem et si post unum annum & unum diem pleg. invenire possit, exeat de prisona, sin autem abiuret regnum Anglie. etc. 
AT the commmn Law before the making of this Charter, if any man had killed the King's Venison or his Dear in his Forest, than such killing was felony by the law, and for that offence such an offender should by the law lose and forfeit aswell his life and member, as all that he had, at the will and pleasure of the King. And in ancient 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 King's house or his hostel in war, or before the justices of the King sitting in the time of peace in their judicial seat, which judicial seat is by the law a place privileged and a peaceable place as the Forest is for the preservation of the kings wild beasts, in which cases it was then felony to kill them, and the offender should lose his life by the law for such an offence, or else if he did not lose his life for that offence, than he was to make a grievous ransom for the same, as it doth appear in the ancient laws of Saint Edward in his book, fo. 69. And afterwards in the time of William the Conqueror, 
Legibus Sancti Edwardi, fo. 69  in the end of his decrees that he made and set down for laws: he willeth that no man shall lose his life for any such offences, but only that such an offender shallbe punished by the loss of some of his members, which decree is there set down in these words: Interdicimus etiam ne quis occidatur vel suspendatur pro aliqua culpa, 
Les decrees del William lafoy Conqueror.  sed evelluntur oculi, et abscindantur pedes vel testiculi vel manus, ita quod truncus unius remaneat in signum nequitii sui & secundum quantitatem delicti debet pena maleficientis infligi: And this law in some cases doth endure until this day: As at the Common Law, if a man do make an affeaie within the King's Palace, the offender shall lose in that case his right hand: 
The Statut of An 33. H. 8 41. Assisarum.  and this was the Common law before the making of the Statute of An. 33. H. 8. as it doth appear in 41. Assisarum, where the case was, that a man was indited and arraigned, for that he did strike a juror in the Palace at Westminster which had passed against him: which said stroke was given in the presence of the justices: 
Striking in the King's palace or in the presence of the justices.  for the which he had his judgement that he should remain in prison in the Tower during his life, and also that his right hand should be cut off, and that the issues and profits of his lands should be forfeited unto the King during his life, but his heir should not be disinherited. And the very like case is adjudged in Anno 19 E. 3. and also in M. 22. of E. 3, Where an Esquire of good account which drew his sword to strike another person in the presence of the justices, 
19 E. 3. M. 22. E 3.  of which offence he was afterwards convicted and had his judgement for the same to have his right hand cut off: and he was also for the same offence committed to Newgate, there to remain as in the case before recited. And therefore now this grant and Charter of the Liberties hath provided a remedy for this extremity in these words, Nullus amittat vitam vel membrum, which is a very great liberty unto all the King's Subjects. And it is also a restraint and an abridgement of the Kings will and pleasure, upon which the punishment of such offenders did then only depend, which at that time was uncertain, where as now the same is a most certain punishment appointed for those that do hunt the King's wild beasts: for the words are Provenatione etc. So that the same Charter is now a general pardon to all men of life and member for all offences of hunting the King's wild beasts of Venery. 
Pro venatione.  And because the letter is pro Venatione, it is necessary to consider what beasts are called beasts of Venery or the King's Venison, and therefore it appeareth as it hath been showed before, that there are five wild beasts that are accounted beasts of the Forest, that is to say, the Hart, the Hind, the Hare, the Boar, and the Wolf. And there are also five beasts remaining in the Forest that are accounted beasts of Chase, that is to say, 
the v. beasts of the Forest. The v. beasts of the Chase.  the Buck, the Do, the Fox, the Martron, and the Roose. And there are also divers other wild beasts in the Forest, that although they are not beasts of the Forest, nor beasts of Chase, yet they are accounted beasts of Venery, and this Charter of Pardon of life and member doth extend to the hunting & killing of any beasts of Venery, according to the letter of the said Charter which is, pro Venatione, which intendeth also to all manner of Hawking and destroying of Fowls of Warren and Fishing in any vivarie within any Forest where such kind of things are that are fere naturae.  
The letter is further, Sed si quis captus & convictus, etc. Which is as much in effect, as if the words had been, That if the offender be taken and attainted of the Trespass or offence by the course of the Laws of the Forest. But if the defendant upon an Indictment do confess the offence, or will say nothing at all to it: or will make default after his appearance, if the same do pass the Swanimote in due form of Law, 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 Edward the third, Cap. 8. then such an offender shallbe said to be convicted. And when any offender is thus convicted, he shall make his fine for the same offence: For the letter is further, Graviter redimatur, and that is as much to say, The offender so convicted must be grievously redeemed, or make a grievous Fine or ransom for his offence. 
The diversity between a Fine and a Ransom.  And it is said that there is a great diversity between a fine and a ransom: For a fine is arbitrable by the justices of the King, and is to be assessed by them without the King. But a ransom is not to be assessed by the justices of the King only, but that the King shall first therein show his pleasure and will. And therefore it doth seem that in this case the recompense for such an offence is to be called a fine and not a ransom, because the justices of the Forest do assess the same without making of the King privy to it first as common experience doth daily prove, and ancient precedents of the Laws of the Forest confirm the same.  
And thus having passed over 10. articles of the Charter of the Forest, I will here end & leave the rest to others of better learning & judgement to handle. And because it is very necessary to see and know the manner of the making of a Forest, and of the dissaforesting of a Forest again: I will now here set down the Charter of the Puraley, to the end that it may thereby appear in what manner a Forest is made: And as a Forest is made, in like manner the same is made a Puraley & dissafforested again, as it shall appear by this Precedent hereafter following.   

Charta de Foresta caput. 1. Ad ordain que touts Forests que Henricus aws noster aforestavit videantur per bonos & legales homines & si &c. Et postea pur le plus speedy remedy de fair Puraleys deal Forests & perambulations fuit ordain in An. 1. E. 3. cap. 1. Statut. 2. que le grand Charter de la Forest soit guard in touts points et que la poner il que estoit Chivache in temps le Roy E. ayel le Roy qui ore est se ●eigne in la form qui estoit Chivache & bound & que sur ceo soit Charter fait a chescun County & o'er all intent que poit in plus ample manner ceo intend'ieo aye icy escry le perfect manner & form de ceo.  
ICy commence le Process de la Puraley de Windsor fait en le county de Surrey au parliament tresnoble seignior nostre Seignior le Roy Edward 3. apres le conquest summons & tenus a Westm' lan de son reign primer.  
1 Au quell Parliament all comp. des Prelates, Counts, Barons & la Commonalty del Royalme fait au Roy que les Purales en temps treshonorable Roy Edward aiel nostre seigniour le Roy Edward quorest grants & confirms ne furent my guards: et auscuns Puraleys en divers forests nient faits remistrent a fair en temps le Roy Edward pier nostre seigniour le Roy quorest: nostre seigniour le Roy a lour priere graunta que les puraleyes devant faits grants & confirms dishore enavant fuissent tenus & guards. Et que les Purales qui remistrent a fair per ses feaux & leaux a ceo assigns fuissent faits a plus en haste come les porrent tonement fair, Et come les fuissent faits et ensa Chauncellerie retornes, & per certain bounds & meats que les confirmeret per sa Charter pur luy & pur ses heirs a garder & a teni● ' a touts iours. Et nostre seigniour le Roy de ceste sa bon volunte en Parlement fait & graunta en chescun county Dengleterre sa Charter aeux qui voylent sure que mestr' en avaunt: per que la Comunaltie de county de Surr' qui se senti grieve en la dit Forest de Windsor deins lands deal dit county de Surr' avantdit sui davoir la dit Charter nostre seigniour le Roy aseale et aneyent tesmonsant sa volunte avauntdite come plus pleignement est contenus per exemplification de la dit Charter la quel demoort en labre de Certesey a guarder.  
2 Edwardus Dei gratia Rex Angliae, Dominus Hiberniae, & Dux Aquit'. Omnibus ad quos presentes literae pervenerint salutem. Sciatis quod cum celebris memory Dominus E. quondam Rex Angliae Auus noster dudum fideles suos assignass ' ad perambulationes in forestis suis tam citra Trentam quam ultra 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 concess. & confirmasset ceteraque precepisset per praedictas metas & bundas imperpetuum observari, perambulationibus huiusmodi tempore dicti avi 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 & Cointatis regni sui asserentium dictas perambulationes factas obseruatas non fuisse juxta 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 awm nr' concesse & confirmate sicut praed'est sub metis & bundis in dictis litteris patentibus ipsius avi 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 proxim' futur' & quod perambulationes illas cum fact 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 ' et totius cointatis regni nostri in instanti parliamento nostro apud Westm conuocat' accepimus quod tempore dicti patris nostri perambulationes praed'per dictum awm nostrum ut premittitur concesse & confirmate non fuerint obseruate & quod perambulationes huiusmodi non factae remanserunt faciend'per quod nobis cum instantia supplicarunt ut perambulationes per dict' awm nostrum ut permittitur concessas & confirmatas confirmare & ratificare velimus. Ac etiam perambulationes quae nondum factae sunt fieri facere indilate. Nos eorum supplicationi in hac part favorabiliter annuentes concedimus pro nobis & haered'nostris quod perambulationes praed'per praefat' awm nostrum concesse & confirmate sub metis & bundis in dictis litteris ipsius avi 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 fact fuerint & nobis returnate sub metis & bundis quas in eisdem inveniri 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 Westm twenty-three. die Martij, Anno regni nostri primo.  Per ipsum Regem & Cons. 
3 Puis apres la dit commonalty de county de Surrey que se sentzes grieve de ceo que la Purale ne fuit pas fait en la Forest de Windsor en le dit county de Surrey en temps le Roy Edward aiel nostre seigniour le Roy E. querust ne en temps le Roy Edward son pier ne uncore remist a fair & a chivacher la dit commonalty 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, johanni de stonore, johanni de Ifeld, & johanni Dabnoum, salutem. Sciatis quod cum in parliamento nostro apud Westm' convocato per Prelatos, Comites, Barones, & communitatem regni nostri asserentes quod fuisset supplicatum ut nos eas sic factas per dictum Auum nostrum concessas & confirmatas easdem concessionem & confirmationem in omnibus observari & in forestis ubi dictae perambulationes remanent faciend'eis fieri & factas in forma praedicta confirm' curaremus assignavimus vos duos & tres vestrum quorum vos praefat' johannem de stonore unum esse volumus custodem forest' nostr' citra Trentam 
Nota que la fuit un chief keeper de touts Forestes citra Trent, que est le chief garden deal 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' add perambulationem rectam per visum trium vel duor' viror' quorum vos praefat' johannem de Stonore unum esse volumus & illorum in forestis nostris in eodem Com' in quibus dictae perambulationes tempore dict' avi nostri fact non fuerunt per Sacrn● ' tam Militum quam alior' proborum & legalium hominum de eodem Com' per quos rei veritas melius scir' & perambulationes ille fieri poterunt faciend'iuxta tenor' cartae domini Henric' quondam Regis Angliae proavi nostri de foresta. Et idco vobis mandamus quod ad certos dies & loca quos vos tres vel duo vestrum quorum vos praefat' johannem de Stonore unum ●sse volumus ad hoc providentes premissa faciatis in forma praedicta. Ita quod perambulationes praed'fiant & nobis returnentur citra festum Natalis Domini prox' futur'. Mandavimus enim vic. nostro Com' praed'quod ad certos dies & loca quos vos tres vel duo vestrum quorum vos praefat' johannem de Stonore unum esse volumus & scire faciatis & venire faciatis coram vobis tribus vel duobus vestrum quorum vos praefat' johannem de Stonore unum 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 apart sic factam nobis sub sigillis vestris trium vel duorum vestrum quorum vos praef. johannem de Stonore unum esse volumus et sigill'eorum per quos factae fuerint reportetis ante festum suprad'vt eam confirmemus juxta concessionem nostram dictis magnatibus inde fact'. In cuius rei testimonium has litteras nostras fieri fecimus patentes. Teste meipso apud Westm 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 justices a certain iour & am per eux assigns bones & loyaux Chivalers & auters deal dit county pur la dit Purale fair, nostre seigniour le Roy hors de sa chancellor maunda son brief all dit viscount de Surr' en garrant de la dit choose fair come plus pleinement est contenus en la dit brief qui ensuit.  
6 Edwardus Dei gracia Rex Angliae, Dominus Hiberniae & Dux Aquit' vic' Surr' salutem. Sciatis quod cum in parliamento nostro nuper apud Westm conuocat' per praefatos Comites, Barones, & communitatem regni nostri asserentes quod perambulationes tempore domini E. quondam Regis Angliae avi nostri in forestis suis tam citra Trentam quam ultra factae non fuerunt obseruat' nobis fuisset supplicatum ut nos sic factas per dictum awm nostrum concessas & confirmatas juxta easdem concessionem & confirmationem in omnibus observari & in forestis ubi dict' perambulationes remanent faciend'eas fieri & factas in forma praedicta ' confirmare curaremus, assignavimus dilectos, & fideles nostros Thom. Tregorr', johannem de Stonore, johannem de Ifeld, johannem Dabnon, tres vel duos eorum quorum praefat' johannem de Stonore unum esse volumus ad conuocand'in prae sentia eorundem Thom. johannis, johannis, & johannis, trium vel duor' eor' quor' praefat' johannem de Stonore unum esse volumus custodem forestae nostrae citra Trentam vel ipsum quem posuerit loco suo & omnes Forestar' de feodo & viridar' forestar' nostrar' in Com' Surr' add perambulationem rectam per visum eorum vel duor' eorum quorum praefat' johannem de Stonore unum esse volumus in forestis nostris in Com' praed'in quibus perambulationes tempore dict' avi nostri fact' non fuerunt per sacrm 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 proavi nostri de Foresta. 
Nota que la fuit un chief garden del Forest.  Et ideo tibi precipimus qd'ad certos dies & loca quos ijdem Thomas, johannes, johannes, & johannes, tres vel duo eorum, quorum johannem de Stonore unum esse volumus tibi scir' faciant, venire faciatis coram eis tribus vel duobus eorum quorum praefat' johannem de Stonore unum esse volumus tot, & tales tam milites quam alios probos & legales homines de Com̄ praedict' per quos rei veritas melius sciri & perambulac' praed'fieri poterint sicut praed'est. Et habeas ibi hoc breve. Teste me ipso apud Westm' xx. die Martij, annoque regni nostri primo.  
Per ipsum Regem & Cons.  
7 Et pur ceo que la dit commission veloit que les justices nostre seigniour le roy facent appeller a eux le gardeine de la Forest citra Trent ou son lieutenant a la Purale fair droiture ment per virtue de ceo commission les dits justices maunderont lour brief au dit gardeine ou a son lieutenant quills fuissent a certain iour & am ou le dit brief limit enfemblement onestes eux a la dit choose fair solonc ceo que plus pleignement est contenus en le dit brief que sensuit.  
8 Thomas Tregorr', johannes de Stonore, johannes de I●●ld & johannes 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, & cointatem regni asserentes quod perambulationes tempore dicti Edwardi quondam regis Angliae avi sui in Forestis suis tam citra Trentan quam ultra fact non fuerunt obseruat'. Et eidem domino Regi supplicatum fuiss. ut ipse eas sic factas per dictum awm suum concessas & confirmatas juxta easdem concessionem & confirmationem in omnibus observari, Et in forestis ubi dict' perambulationes remanent faciend'eas fieri & factas in forma praedicta confirmare curaret. Idem dominus noster Rex assignavit nos tres, & duo nostrum quorum johannem de Stonore unum esse vult ad convocandum in presentia nostra trium vel duorum nostrum, quorum johannem de Stonore unum esse vult custodem Forestae suae citra Trentam vel ipsum quem posuerit loco suo & omnes forestar' de feodo & viridar' forestar' suarum in dicto come Surr' add perambulat' rectam per visum nostrum trium vel duorum nostrorum quorum johannem de Stonore unum esse vult & illor' in forestis suis in eodem Com' in quibus perambulationes tempore dict' avi sui fact 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 proavi sui de foresta. Et quia dominus Rex nobis mandavit quod convocari fac' custodem forestae suae citra Trentam vel ipsum quem loco suo posuerit in dict' come Surr', ad perambulac' rectam faciend'nos pretextu illius mandati assignavimus die essendi apud Certesyam die Lunae proxim' post quindenam sancti johannis Baptistae ad incipiend'de negotio supradic' ad perficiend'exinde ad dictam perambulationem faciend'quem diem vobis signavimus, ut 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 proavi domini Regis de Foresta.  
9 Et ausi pur la commission purport que les Foresters de Fee & les Veredors de la Forest avantdit en le Counce de Surr' a la dit Puraley fair fuissent a iour et am ass. les dits justices maunderent brief de garnishment as dits ministers quill fuissent illock & que eux feissent garnir les restoants deins la Forest avaunt dit en le dit county en la querque la Puraley en temps le Roy Edward aiel nostre seigniour le Roy Edward quorest ne fuit pas fait ne Chivache ne quills fuissent illock a iour & am a Chivacher & a feire dreit & lief Puraley come appiert en le brief qui sensuit.  
10 Thomas Tregorr', johannes de Stonore, johannes de Ifeld & johannes 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, & cointatem regni asserent' quod perambulationes tempore domini Edwardi nuper Regis Angliae avi sui in Forestis suis tam citra Trentam quam ultra fact non fuerunt obsecrat' & eidem domino supplicatum fuisset ut ipse eas sic factas per dictum awm suum concessas & confirmatas juxta easdem concessionem & confirmationem in omnibus observari, & in forestis ubi dicte perambulationes remanent faciend'eas scire & factas in forma praedicta confirmare curaret. Idem dominus noster Rex assignavit nos tres vel duo quorum joh. de Stonore unum esse vult ad conuocand'in presentia nostra trium vel duor' nostr' quorum johannem de Stonore unum esse vult custodem forestae suae citra Trentam vel ipsum quem posuerit loco suo & oens forestar' de feodo & viridar' forestar' suar' in dicto Come Surr' add perambulationem rectam per visum nostrum trium vel duor' nostrum quorum johannem de Stonore unum esse vult & illor' in forestis suis & in eodem come in quibus perambul'dicti avi sui fact non fuer' per Sac●m̄ tam militum quam alior' probor' & leg' hominum de eodem come per quos rei veritas melius sciri & perambulac' ille fieri poterunt faciend'iuxta tenor' chartae domini H. quondam Regis Angliae proavi sui de foresta. Et quia dominus nr' nobis mandavit quod conuocar' faceremus omnes forestar' de feodo & viridar' forestar' suar' in dicto com'. Ac etiam illos in forestis suis in eodem com' in quibus perambul'tempore dicti avi sui fact non fuerunt ad perambul'rectam faciend'. Vobis mandamus ex part domini nostri Regis quod apud certes. die Lunae prox' post quindenam sancti johannis Baptistae personaliter intersitis ad perficiend'exinde ad perambul'illam faciend'ac etiam premunir' fac. omnes illos in forestis domini Regis in eodem come comorantes in quibus perambul ' tempore dicti avi sui fact non fuer' quod tunc sint ibi ad diem praed'exinde ad perficiend'nobiscū ut perambul'ill'per visum illor' nostrum & vestrum fieri posset competenter.  
11 Et fait a scavoir qui a dit iour asses. a Certesey touts les justices et le viscount de Surr' le lieutenant le garden 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 justices feissent lour office et pristrent inquest de chivalers et auters, cest est a savoir mons. Henr. Hast. & Henr. de Montforth Chivalers, Rob. le Dol. Hen. de Sunnerbus, Will. Huse, john de Bures lie, N. chole Bachiller, john Prodhoame, Will. de Porkle, joan at Stoket, Robert de Dittone, johan de Kingsnode & les chargerent la dit inquest solonque lour Commission.  
12 Et per monsieur Iohn de Swynerton Chivaler lieutenant le garden de la Forest nostre seigniour le Roy citra Trent per certain commission a luy fait illcoke monster allegea illcok deuaunt les jurors de la inquest pur le roy qui luy auoit un inquest prise a lamphethe devant certain justices en temps le roy Edward aiel nostre seign' le roy quorest testmoignant qui cel am le quel il furent entour de fair Puraley a cel temps remist Forest per icel inquest Et pria as iours quill fuissent avyses pur le roy a seign' icel inquest quill tout avant en evidence pur le roy come appiert per la copy de la dit inquest 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, joh. de Barwik, Rad. de Hengham, 
Nota que la fuit un chief garden & un lieutenant de la Forest come appiert hic.  Will. Inge, & joh. de Crokes●e in presentia Phil. de Say cleric' Iustic' Forestae forestat' viridar' forest' praed'per sacrm' Will Amubesas, johannes de Bourstow, Will. de Bekewette milit', Rob. de Dol. Rob. de Valeton, Will. de Northwood, joh. Prodhome, Rob. Attesond, Nich de Wistone, Ric. de Horton, Edmundi de Suteworth, & johannis de Farnham: Qui dicunt per sacrm' suum quod totus come Surr' fuit foresta tempore H. regis proavi Regis nunc unde idem Henr. obijt seisitus, et ita remansit foresta, usque ad quart' diem Decembris Anno regni regis Ric. 1. 
After the disaforesting of a part of the County of Surrey, the rest was not used as a Forest by King Richard nor by any other.  Qui tunc deforestavit quandam partem ipsius com' per certas metas quae continentur in Charta ipsius regis inde facta, vz, inter Kanciam & aquam, quae dicitur Way, et de monte de Guldedone quantum come Surr' durat versus meridiem & residuum come praed', Scilicet incipiend'ad aqua de way per montem de Guldedonne quantum com' durat' versus Aquilonem remansit & est foresta. Et post illius chartae confect. nihil aforestatum vel occupatum fuit per ipsum Regem Ric. nec per regem johannem, nec per aliquem alium dicunt etiam quod non sciunt quod aliquid de com' praed'afforestatum fuit per praed'Hen. proawm regis nunc. In cuius rei Test. praed'Iur' sigilla sua apposuer'.  
14 Et la commonalty alegea en evidence pur eux enconter le Roy que la Puraley fuit fait en le dit county en le temps le roy Hen. besael le roy que ore est issint que tout le county de Surrey fuit disaforest, & de ceo mistient avaunt un copy de un inquest de la dit Puraleye fait en la maner qui ensuit.  
15 Perambulatio facta in com' Surr' per sacrm' johannis 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, johannis de Mikelham, et johannis de Burstowne Qui dicunt apud Brudford sunt divise inter Bark. South. & Surr' & tunc divise inter Bark. & Surr' de Brudeford per viam quae ducit de Fremeley apud Wyshemere, et postea per crucem Rad'vsque Gomerichesford per medium la sheet usque ad Horton & de Hoyton per la le● versus cursum aquae, & inde juxta aquam quae dicetur Sydway usque ad Thornehul de Thornehul usque ad Harpesford de Harpesford per aquam usque ad Inggfeld, & de Inggfeld usque Lodertake shacche ubi tres com' conveniunt, vz, Surr', Bark. & Buck. Et sic dicunt quod totus come Surr' fuit extra Forestam sicut divise content' Such. Bark. & Surr' condonant dic' quo domino Hen. filius R. johannis fuit coronatus.  
16 Dauter part le commonalty mist avaunt pur eux en evidence un copy de un Charter fait per un Abbe Alein iadis Abbe de Certesey & Covent de mesme le am al Roy Hen. Besael nostre seigniour le roy quorest qui les dits Abbe et covent granteront certeines terres all roy Henr. estr' deins bound'de Forest nient aresceant la Puraley avaunt fait per le dit Roy Hen. come plus pleignement apiert per la copy de la dit Charter que ensuit.  
17 Omnibus ad quos presens scriptum pervenerit, Alanus Abbas de Chertesey & eiusdem loci conventus salutem eternam in Domino. Noveritis nos concessisse quod non obstante perambulatione facta per praeceptum domini Hen. illustris regis Angliae, fil'Regis johannis de Foresta de Windsor in com' Surrey omnes terre, 
Nota bene cest grant que lour terres soint quite de regard.  & bosci, & omnia ten' contenta infra metas & divis. subscriptas remaneant ipsi domino Regi & hered'suis foresta imperpetuum: vz, a ponte de Stanes per Reg. Chim sicut se extendit per mediam villam de Egeham usque Harpesford, & de Harpesford usque la Knapp, et de la Knapp usque Loderlake shack ubi 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 salva 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. Lincoln, R. Sarum, R. Dulon Cancellar' domini Regis, R. Cicestriae, & W. Oxon' Episcopis, H. de Burgo justice. domini, R. Will. Mareschall', Rad. fil'Nic. Godfr. de Grancombe, & multis alijs.  
18 Et de ceo la communalty mist Copy de un testification de certain Chivalers' tesmoignants ceo qui labbe Allein de Certesey et son covent avient fait a Roy H. apres la dit pur ale fait come appiert per la copy que ensuit.  
19 Omnibus ad quos presens scriptum pervenerit Gilbertus de Abyngworth, Rob. de Watenill, Will. de Insule, Nich. Malemciens, johannes de Mykelham, et Walterus de Cacceworth, salutem in Domino. Noveritis nos interfuisse & audivisse ubi Alanus Abbas Certesey et eiusdem loci et conventus concesserunt domino nostro H. illustri Regi Angliae fil'Regis johannis 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 colour pur le roy pur clamer come Forest.  et divisas subscriptas remaneant ipsi domino Regi et haered'foresta imperpetuum, vz, a ponte de Stanes per Reg' Chim ' sicut se extendit per median vill'de Egeham usque Harpesford, et de Harpesford usque la Knap, et de la Knapp usque Loderlake ubi 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 salva 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. Dulium 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 avauntdit chivache en le temps H. ensemblement oue lafoy Charter et testification avauntdit furent en la treasorie nostre seigniour le roy et ceo la fuist commonalty priest avoucher record si les justices le roy le voillent suffrer et les jurors charges per lour serement adire verity seu alerent et long 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 avi domini regis nunc nulla perambulatio facta fuit in forestis come de Surrey, 
Verdict.  et dicunt quod perambulatio faciend'nunc in forestis illis micheanda est apud Waymouth, et abinde semper in longitudine Tamisie usque Loderlakeshache ubi tres com' conveniunt, vz, Surrey, Bark. & Buck. et abinde usque orientalem corneram parci de Windsor. Et abinde usque molendinum de Harpesford. Et abinde usque Thornhull. Et abinde usque Sydway Et abinde usque la Lee, et sic usque Horton. Et abinde per medium Lashete usque Gomerichesford. Et abinde usque Rolnescrouch. Et abinde usque Wyshemoredene. Et abinde usque Brudeford, ubi tres com' conveniunt, vz Surr', Bark. & Such. Et sic dicunt quod totus come Surr' est extra Forestam & fuit tempore Regis H. proavi 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 avi dicti Regis nunc quedam inquis. capta fuit apud Lampeth coram Rogero Granason, Iohan' de Berew●ke, Rad'de Hengham, Will'Inge, & joh. de Crokesle per procurationem dom' Hug. le Despens. senioris hominibus come praed'non praemunitis except' quibusdam personis in Inquis. illa existen' vi & metu eiusdem Hugonis ad hoc ductis ad bundas & metas in Forestis come praed'faciend'qui nullam perambulat' nec equitationem in forestis illis fecerunt, nec bundas nec metas in eisdem posuerunt. In cuius rei testimonium, etc.  
22 Et pur ceo qui cest inquest fuit miss avantdit iour en evidence pur le roy encounter la commonalty & ceo la troue per cest inquest avauntdit les justices ne obseynt aler avaunt & chivacher la dit Puraley solonque les bounds faits per les Iurours sans estre meint' avises ov counsels oue nostre seigniour le roy, mes assistrent iour entre a lieutenant le gardeine de la Forest deceo Trent as Verderors de lafoy Forest as jurours de lenquest & as auters resceants deins bounds de Forest illcok esteant nomement le Lundy en la Forest saint Matthew procheine ensuant a weymuth, 
Brief de procedendo oue un non obstante.  & quills fuisset ilcok all dit iour & all mesme temps les justices se voilent aviser a quel iour touts les justices etc. Sir Thomas Tregor vindrent & les verderers et les Iurours de la inquest et touts les resceants deins bound de la Forest avantdit, mes le gardeine de la Forest decea Trent ne son lieutenant ne nul des Foresters et qui iour ancient per prefiction de vindret' point. Et all dit iour la commonalty de Surr' mist avaunt brief nostre seigniour le roy direct as justices qui eux alassent avaunt a la Puraley fair nient a resceant la inquest prise en temps le roy 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 enter soit fait deuaunt ceo qui lenquest fuisset retorn' en Chauncellarie et illok venu la un inquest & lauter que adonk. droit et reason ent soit fait per le consail nostre seigniour le roy comeplus pleignement appiert per le brief qui est appeal non obstante qui ensuit.  
23 Edwardus dei gracia Rex Angliae, dominus Hiberniae, et Dux Aquit' dilectis et fidelibus suis Tohmae Tregor, joh. de Stonore, johanni de Ifeld, et johnani Dubnon salauten. Cum nuper ad prosecutionem Praelator', Com', Baronum, & Cointatis Regni nostri nuper nobis in parliamento nostro apud Westm convocato suggerenc' perambulationes tempore domini Edward'quondam R. Angliae avi nostri in Forestis suis tam citra Trentam quam ultra facta obseruatas non fuisse et nobis supplicantium ut nos eas per dictum awm nostr' sic factas concessas & confirmatas juxta easdem concessiones, et confirmationes observari in forestis ubi dict' perambulationes rem' eas fieri et factas in forma praedicta confirmare curaremus assignavimus vos tres & duos rest. quor' vos praef. 
Custos forest●● ultra Trentam.  joh. de Stonore unum esse volumus ad conuocand'in presentia vestra trium vel duorum vestrum quorum praef. johannem de Stonore unum esse volumus custodem forestae nostrae ultra Trentan vel ipsum quem ponere vellet loco suo. Et omnes feod'et viridar' forestar' nostrar' in come Surr' add perambul'rectam per visum vestrum trium vel duorum vestrum quorum vos praefat' johannem de Stonore unum esse volumus et illo ' in forestis nostris in eodem com', 
Le brief de non obstante.  in quibus perambul'tempore dicti avi nostri factae non fuer', per sacrm tam militum quam alior' probor' & leg hominum de codem com' per quos rei veritas melius sciri & perambul'illae fieri possunt faciend'iuxta tenorem chartae domini Henr' quondam Reg. Angliae proavi nostri de foresta. Et vobis mandamus quod ad certos dies et loca quae vos tres & duo vestrum quorum vos praef. johannem de Stonore unum esse volumus ad hoc provideritis praemissa faciatis in forma praed'. Ita quod perambulac ' illae praed'fierent & nobis return' citra festum Natiuit' Domini prout in litteris vestris paten' inde vobis confect' plenius continetur. Ac etiam ex part cointatis com' praed'accepimus quod licet vos inquis. super metis & bundis forestar' in com' praed'praetextu assignac' nostrae praed'feceritis, perambul'tamen juxta metas & bundas inquis. illius contentas praetextu quarundam inquis. tempore dicti avi nostri de huiusmodi metis & bundis fact' ut dicit' hucusque facere distulistis & nobis sic supplicat', ut super hoc remedium 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 formam assign' nostrae praed'cum celerit' qua poteritis faciatis, inquisic' tempore dicti avi nostri inde ut dicit factis non obstantibus, & easdem perambul'sic factas ad term' praed'in Cancellar' nostra juxta 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' avi nostri sic capt' ulterius 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 virtue de quel brief les vereders de la Forest del county avant dit, les jurors de lenquest et auters deins bound'de Forest resceants per view des justices n● ' signior le roy sans avoir regard all absence le gardeine de la forest citra Trent ou de son lieutenant qui point devindret all dit iour a eux assign alerunt avant a la Puraley fair mesme le ieur le Lundi en la forest saint Matthew avandit en la maner qui ensuit.  
25 Videlicet quod de Weymuth in longitudine Tamisie usque Stanesbridge. 
Perambul. sact● in temps E. le 3.  Et ab inde in longitudine Tamisie usque ad Loderslakeshache ubi tres com conveniunt Surr', Bark. & Buckingh. Et abinde dimittendo come Bark. a dextra part usque Stonyhuldwell. Et abinde usque les Quelmes. Et abinde usque orientalem corneram parci de Windsor. Et semper in longitudine palacij eiusdem parci usque ad molendinum de Harpesford. Et abinde per eundem palacium usque australem partem eiusdem parci. Et abinde transmeando Regiam viam usque Wyndwyggshull. Et abinde usque ad interiorem portam de Bromhall. Et abinde usque Thornhull. Et abinde per viam quae dicitur Sydway in longitudine eiusdem viae. Et abinde usque lafoy Lee. Et sic usque Horton. Et abinde per medium la sheet per Gomericheford quae in antiquo tempore vocatur Bacshhetesford. Et nyent pius Chivacherunt all dit iour eyns demorerenta Bacshete mesme la nut, Lendemaine le Mardie ensuyant chivacherent avant de Gomerichesford. Et abinde usque Rolnescrouch. Et abinde declinando in dextera part usque Wyshmorsden. Et abinde usque Brudefordesbridge, ubi tres com' conveniunt, videlicet Surrey, Bark. South. Et les avauntdits justices en divers lieux en la dit chivache firent lafoy Proclamation solemnement que ne fuist cy hardy de chacer ou malfaire en le Forest avaundit per reason de icel chyvachy tant il fuit return a la Chancery & puis confirm per le Roy et. son Counsel.  
26 Puis apres les justices faissent lour record de quant ils avient fait de iour en altar solonque le tenure de lour Commission a eux grant a commencement et ceo la returnerent desubs lour seals en le chancery nostre seigniour le Roy long temps deuaunt le iour a eux done de return fair per lour Commission et la manner come il returnerent appiert per la Copy del dit Record que ensuit.  
27 Perambulatio Forestae comitat' Surrey, juxta metas & bundas per inquisic. captam coram Thoma Tregor. 
Perambulatio facta per visum justiciar.  johann de Stonore, & johann de Ifelde, & johann Dabnon ad perambulationem illam factam assign', Anno Regni Regis Edwardi tercij a conquestu primo, postea per visum praedict' johannis de Stonore, johannis de Ifeld, & johannis Dabnon.  
28 Dominus Rex mandanit Tho. Tregorr, joh. de Stonore joh. de Ifeld, & johanni Dadnoun breve suum in haec verba, Edwardus dei gratia rex Angl', dominus Hiberniae, & Dux Aquit', dilectis & fidelibus suis Tho. Tregor, joh. de Stonore, Io. de Ifeld, & joh. Dabnon salutem. Sciatis quod cum in parliamento nostro nuper apud Westm convocat per Prelatos, Comites, Barones, & Cointatem regni nostri asserentes quod perambul'tempore domini E. quondam regis Angl'aui nostri in Forestis suis tam citra Trentam quam ultra factae non fuerunt obseruat' nobis fuisset supplicatum ut nos eas sic factas per dominum awm nostrum concessas & confirmatas juxta easdem concessionem & confirmac' in omnibus observari, Et in forestis ubi dictae perambulationes remanent faciend'eas fieri & factas in forma praed'confirmare curaremus assignavimus vos tres, 
Custos forestae ultra Trentam.  & duos vestrum quorum vos praef. johann de Stonore unum esse volumus ad conuocand'in praesentia vestra trium vel duorum vestrum quorum vos praefat' johannem de Stonore unum esse volumus custodem forestae nr' citra Trentam vel ipsum quem posuerit loco suo et omnes Forestarios de feodo & viridarios Forestar' nostrar' in come Surr' add perambulac' rectam per visum vestrum trium vel duorum vestrum quorum vos praefat' joh. de Stonore unum esse volumus et illor' in forestis nostris in eodem com' in quibus perambulal'dicti avi nostri factae non fuerunt per sacrm tam militum quam alior' prob' & leg. hominum de eodem come per quos rei veritas melius sciri & peramb. ille fieri poterint faciend'iuxta tenorem chartae domini Henr' quondam regis Angl'proaui nostri de Foresta. 
juxta tenorem Chartae.  Et ideo vobis mandamus quod ad certos dies et loca quosvos tres vel duo vestrum quorum vos praefat. joh. de Stonore unum esse volumus ad hoc providerit is premissa faciatis in forma praed'. Ita quod perambul'praedictae fiant & nobis returnent' citra festum Nat' domini prox' futur'. Mandavimus enim vic' nostro come praedict' quod ad certos dies & loca quos vos tres & duo vestrum quorum vos praef. joh. de Stonore unum esse volumus ei scire faciatis venire fac' coram vobis tribus vel duobus vestrum quorum vos praef. johannem de Stonore unum esse volumus tot, & tales tam milites quam alios, probos & legal'homines de come praed'per quos rei veritas melius sciri & perambul'praed'fieri poterint sicut ptaed'est. Et perambul'illam distinct & apart sic factam nobis sub sigillis vestris trium vel duor' vestrum quor' praef. johannem de Stonore unum esse volumus & sigill'eorum per quos facta fuerint reportetis ante festum supradict' ut eam confirmemus juxta 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 mandeverunt vic. Surrey quod venire faceret coram eis tribus vel duob. eorum apud Certeseyam die Lunae prox. post quindenam sancti joh. Baptistae xxiiii tam milites quam alios probos & leg homines de com' praed'per quos rei veritas melius sciri & perambul'fieri poterint secundum formam brevis praed'. Et similiter significaverunt custod'forestae citra Trentam et omn' forestar' de feod'& viridar' forestar' come praed'diem praedict' Mandantes quod idem custos vel alius quem loco suo ponere volverit nec non viridar' & forestar' ex part domini Regis tunc interessent ibidem, & ijdem viridar' premunir' facerent illos in forestis com' praedict' comorantes in quibus perambul'tempore dicti regis avi domini regis nunc factae non fuerunt quod ibidem similiter interessent ad perambul'rectam faciend'in forma praed'. 
Thomas Swinnerton miles deputatus justiciarij Forestae citra Trentum.  Postea ad diem ill'in present' praed'Thomae & socior' suor', joh. de Swynerton miles quem Tho. Wake custos forestae domini Regis citra Trentam per litteras suas patentes loco suo posuit, venit: quas quidm̄ litteras idem johannes pretendit ibidem in haec verba.  
29 Thomas Wake signior de Lydel justice de la Forest citra Trent a touts iceux qui cest letter verront salut. Saches nous avoir ordain et assign nostre chiual'& bon amie monsieur Iohan de Swinerton nostre lieutenant per tout en les dits Forestes a fair touts choses qui appendent en nostre nom' en icels party's que nous mesmes ne poions entender, pur quey nous vouz maun●eins & chargeins de part ●● ' seigniour le Roy qui al dit monsieur johan come a nostre lieutenant en les dits Forestes soies entendants et respoignants en tesmoignance de quel choose all dit mons. johan nous auomus fait fair cestes nous letter's Patents a durer a nostre volunty done a nostre manor de Pyngge le xx. iour daverell, lan de reign n●'seign' le roy E. tiers apres la Conquest primer.  
30 Et Henr. de Stogton, Galfr' at Down, & 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, Simon de Woodeham, Thomas de Fremelesworth Thomas de ham, Henr' de Bergh, Will'de Brudnestone, Robertus de Kerswell, Gilbertus de Wythewell, Stephanus de Froillebur', Robertus Miles, Thomas de Wonbourne, johannes de Watingford, Petrus pain, 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, johannem de Bures seniorem, Nicholaum le Bachillev, johannem Prodehome, Will'de Porkle, johannem at Stokett, Robertum de Ditton, et johannem de Kingesnode Iur'. Et postquam ijdem iurati fuerunt ad ueritat' super praemissis dicendam praedict' johannes de SWynerton suggessit eisdem Iurat' quod tempore Regis E. avi 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 johannes asserit ut intellexisset in Chart' domini Regis returnata et ab hoc requisivit eosdem Iur' quod praedicta Inquis. latere non debuit ex part domini Regis quod ipsi in inquis. ista de praedictis metis & bundis fac' circumspect agerent & porrex. quandam cedulam formam illius inquis. continentem. Et praedict' lur' habito inter eos diu●ino consilio dicunt per sacrm suum quod tempore regis E. avi domini Regis nunc nulla perambulatio facta suit in Forestis come Surr' & dicunt quod perambulac' faciend'nunc in Forestis illis micheanda est apud Weymouth. Et abinde semper in longitudine Tamisie usque Loderlake●●ache ubi tres Comit' conveniunt, videlicet, Surr' Bark. & Buck. Et abinde usque orientalem corneram parci de Windsor. Et abinde usque molendinum de Harpesford. Et abinde usque Thornehull. Et abinde usque Sidwey. Et abinde usque lafoy Lee. Et sic usque Horton. Et abinde per medium la sheet usque Gomerichesford. Et abinde usque Rolnescronche. Et abinde usque Wyshemorseden. Et abinde usque Brudeford ubi tres com' conveniunt, videlicet, Surr', Bark. & Such. & sic dicunt quod totus com' est extra Forestan. Et fuerunt tempore R. H proavi 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. nunc quaedam Inquis. captain fuit apud Lambeth coram Rogero Brabason, joh. de Berwick, Rad. de Hengham, Will'Ingge, & joh. de Crokessey per procurac' domini Hugonis le Despens. senioris hominibus come praed'non praemunitis, exceptis quibusdam personis in Inquis. illa existen' vi & metu eiusdem 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. avi. domini R. nunc capta fuit inquisie ' de huiusmodi metis & bundis prou● liquet per inquis. istam modo captam & etiam ex dictis praed'Io. de Swynerton, Ideo praed'Tho. et socij sui perambul'in forestis praedict' juxta metas & bundas in Inquis. i●ta modo capti, co●tent' facere distulerunt usque 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 johanni d● Swynerton viridar' forestar' Iurator' & alijs de Forestis illis ibidem existen' ut praedictum est quod ipsi ibidem tunc inter●ssent: postea ad ●em illum praedict' joh. de Stonore, johannes de Ifeld & johannes Dabnon venerunt ad locum 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 mandavit Tho. & focijs suis tribus vel duob. eorum breve suum quod vocatur non obstante, ut patet supra.  
31 Et ideo praed'viridar' juratores & alij in forestis praed'comorantes per visum praed'Ioh. joh. & joh. non expectata presentia custodis forestae vel eius locum tenentis ad praed'perambul'faciend'processerunt in hunc modum, vz, de waymuth in longitudine Tamisie usque Stanestragg. Et abinde in longitudine Tamisie usque Loderlakeshache ubi tres com' conveniunt vz, Surr. Bark. & Buck. Et abinde demittendo come Bark. a dextra part usque Stony heldwell. Et abinde usque les Quelmes. Et abinde usque Oriental'Cornerā parci de Windsor. Et insuper in longitudine palacij eiusdem parci usque molendinum de Harpesford, Et abinde per cundem palacium usque australem portam eiusdem parci. Et abinde transmeando Regiam viam usque Wyndwingshull. Et abinde usque interior' part de Bromhall. Et abinde per viam quae dicitur Sydwey in longitudine eiusdem viae. Et abinde usque lafoy Lee. Et sic usque Horton. Et abinde per medium ●a sheet usque Gomerichefford. Et abinde usque Rolneserouch. Et abinde declinando in dextera part usque Wyshemoresdene. Et abinde usque Brudefordesbrug, ubi tres com' conveniunt, vz, Surr', Bark. & Such. Et ita per praed'metas & bundas facta est perambul'forestar' praed'in come praed'. Et praef. 
Open proclamation that no man shall hunt.  johannes & socij sui in diversis locis ubi videbatur eyes faciend'present' proclamac' fecerunt inhibent' omnibus & singulis ex part 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 commonalty del dit county suy a la chancellor nostre seigniour le roy esteant adounk ' a Pontfret enpriant en pleine court a sir john de Hothoni euesque de Ely Chaun●. adonk nr' seign' le roy que veult lenquest de la Purale de Surr' fair chivache & ret' per les justices devant luy quil fait droit & reason, et que la dit Purale fuiss. confirm' per charter nr' seign' le roy solon sa primer Charter quill graunta des Purales confirm' a son parliament a Westm' lan de son reign primer. Et cela Chart' fuit miss avant tesmoignant la volunte nr' seign' le roy come avant dit est. Et le dit chancellor appelles a luy les plus vanes clerks de la place nomement mestr' Hen. de Clif. sir Will. de Harlastone, sir Michael de Wath. sir Tho. de Euesham, sir Henr. de Edonstowe, sir Hugh de Bourgh, 
Enquest et perambulation in plene Com.  & sir Adam Brome, et auters, et priest liar la dit inquest en pleine Count & puis consailerent ensemble ceo que meux fuit affair pur le Roy. Et daryen agarderent que la dit comnnaltie suy brief de garnish. la Constable del castle de Windsor, quill fuit a certain iour devant eux a la dit Chauncellerie a monstrer sil sauoit rien dire pur le roy qui la dit Purale ne serroit confirm. 
Le constable del Castille de Windsor.  Et en ceo que le brief fuit a seal avant qui mons. johan de Lyle adonke Conestable de Windsore vient a Pontfret et fuit assis. ovesk le chancellor en pleine Court. Et pur ceo que le Cnoestable fuit illoke en proper person dit fuit a luy per le chancellor quill alast et se avysat 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 un semaigne entre illok a Ponfret et quill parlat en le mesne temps oue nostre seign' le roy, et one son counsel adonk esteant a Pontfr' pur la dit bosoigne le quel Covestable alast et ceo avisat de ceo ovesque nr' seign' le roy et o●e son counseile et ie dreint iour de la semaigne il vient en la Chaunc. et demand luy fuit si il sauoit rien dire pur le roy et il allegea en pleine court pur nr' seign' le roy qui luy auoit un inquest prise en temps le roy E. aiel nr' seign', signior le roy qui ore est a Lamheth de certain meats et bounds de la Forest de Windsor en le county de Surr' devant certain feaux et leaux nr' seign' le roy a ceo desputes et la quel choose fuit allege devant mons. Thome Tregor et ces compaignons per mens. john de Swynerton lieutenant le gardeine de la Forest de la Trent et pria que la Court de se voilet aviser pur le Roy E. lafoy communalty allegea que cest inquest de cest Purale return a ore devant eux ne fait mention de la dit inquest. Et puis demand fuit per le chancellor all Constable sil savoit altar altar chose dire pur le roy & il respond'qui non, pur quoy il alast sans iour adonk horse de la court, Et dit fuit a la Constable que agardast lour iour de iour en auter et qui se voilet aviser en mesn temps. 
Constable del Forest.  Et puis nr' seign' le roy se endressa horse de parties deal North. thank a les parties de West et la chancellor evesque et la commonalty avant suy apres pur la dit bosoigne de iour en iour tank nr' seign' le roy vient a Hails et de Hails a Winchecombe, et a quo seu la Chauncellerie fuit assess. plenerement. Et mons. Roger de Mortim' Count de la march et auters graunds furent assess. pres le chancellor ou la dit commonalty pria la chancellor que il en fait droit et reason et quill commandast si luy plest que la dit Purale soit confirm: ou le dit chancellor fist liar lenquest deuaunt le dit county de la march et auters et counsailerent ensemble et adareine dit fuit a eux que les graundes de la terre et le counsel le roy serroit plener a Gloucester la procheine Semaigne suyant quant lenterrement le roy Edward pier nr' seign' le roy que ore est se feit' et adonk counsels ensemble deuaunt le roy & oue piers de la terre qui adonk il serront quill ent feit droit et reason et sur ceo ils furent aiournes a Gloucester et la dit commonalty suy apres de Winchecombe taunke a Chyltenham. Et de Chyltenham taunk a Gloucester & illoke ill mistrent avaunt lour besoigne enpryant confirmation come avant et illok en pleine counsel 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 County de Kent, john Count de Garne, Rog. Count de la March, et auters Barons et Chivalers primes de Counsel le roy firent choses avantdits declares & pronounces devant eux per le chancellor ou adaren accord fuit enter eux que les choses fuissent confirms solonc. le grant que nostre seign' le roy grant a son parliament. Et command fuit a dit chancellor quill deliverast la dit commonalty sur quoy ils averont iour de iour en altar, pur ceo que nr' seign' le roy se remove horse de Gloucester a Tewkesburie et de illok tank a Worcester ou nr' seign' tient son Noel. Et le dit commonalty pria execution come avant et le chancellor command a fair la Charter & quamt lafoy Charter fuit escript pur eux, fuit command que il ne voleit la Charter a sealer sans savoir adeprimes la targe nr' seign' le roy de ceo fair en garrant et puis apres tant fuit suy frechement per la dit commonalty la Venderdy le iour de la Nat. nr' seigniour qui la targe fuit command de fair all dit chancellor et fuit fait et il avient en garrant issint qui lendemaine le samady le iour de S. Steven fuit la Charter de confirment de la dit Purale fait et enseale en un petit meason ass. sur leave de Sere deins lafoy Prior de Wyrcester la ou il asselerent la dit iour tout altar briefs touchants le common de la terre et payerunt lour fee del seal et aveyont lour Charter confirm 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. pervenerunt, salutem. Sciatis quod cum nuper in parliamento nostro apud Westm convocato ad supplic' praelatorum come, Bar', & cointatis regni nostri per litt' nr' patents concess. quoth perambul'tempore domini E. quondam regis Angl'aui nostri in forestis suis tam citra Trentam quam ultra factae & per ipsum awm nr' concesse & confirmat' secundum 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 fuerunt & nobis returnate sub metis & bundis quas in eisd●m inveniri contigerit pro nobis & hered'nostris conseruari & approbari faceremus prout in lit. nostris praed'plenius continetur ac post modum ad requisic' cointatis come Surr' nobis suggerent' qd'peramb. in forestis nostris in eod'com' factae non fuerunt, Volentes concess. nostram praed'effectum mancipari assignavimus di lectos & fideles nostros Tho. Tregor, joh. de Stonore, joh. de Ifeld, & Io. Dabnon, ad peramb. rectam in forestis nostris in eodem com' per quos rei veritas melius sciri & peramb. illae melius fieri possent faciend'iuxta tenorem chartae domini H. quondam Regis Ang. proavi nostri de foresta. Ac ijdem Tho. joh. & joh. peramb. huiusmodi in eodem com' praetextu assignac. nostrae eis inde sic factae fecerint & eas nobis in Cancellar' nr' miserunt in forma subscripta. Peramb. forestae come Surr' juxta metas & bundas per inquis inde captas coram Tho. Tregor, joh. de Stonore, joh. de Ifeld, & joh. Dabnon ad peramb. illam faciend'assign', & postea facta per visum praed'Ioh. joh. & joh. ac per sacrm Henr. Huse, H. de Montfort militum. Rob le D. Henr. de Somerbury, Will. Huse, joh. de Burts sen', Nich. de Bachiller, joh. Prodehome, Wil de Porkle, Ioh, at Stoket, Rob. le Dytton & joh. de Kingswood Iur', Qui dicunt quod tempore dicti avi nostri nulla peramb. facta fuit in com' Surr', said peramb. faciend'in forestis nostris inchoand'est apud Weymuth Et abinde semper in longitudine Tamisie usque Loderlakeshache ubi tres com' conveniunt, vz, Surr. Bark & Buck. Et abinde usque orientalem corneram parci de Windsor. Et abinde usque ad molendmun de Harpesford. Et abinde usque ad Thornhull. Et abinde usque Rolnescrouch. Et abinde usque Wyshemoresdene. Et abinde usque Brudeford, ubi tres com' conveniunt, vz, Sur', Bark. & Such. 
Saluo semper in omnibus jure nostro.  Et quod totus come Surr. est extra forestan & fuit tempore dicti R. H. proavi nostri. Nos peramb. praed'acceptantes eam pro nobis & hered'nostris quantum in nobis est ratificamus, approbamus, concedimus & confirmamus secundum 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 Regen & consilium.  

Ou la charter demur.  34 Et puis apres la dit communalty suy tank a Solyhull en arderne apres la dit chancellor nr' seign' le roy & illok aveyent 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 county de Sur. Et lauter charter a seal de Blauche sere que demoert en guard.  
35 Et pur ceo que nr' seign' le roy veolt que sa Charter de confirment de la dit Purale soit lie en pleine count & de ceo proclamation fait que ele soit firment gard solonque les bounds save per luy quarant iours denchacer ces beasts a ceo fair maunda some brief a viscount de Surr. 
Nota que le roy voloit que cest perambul. soit firm guard.  come plus pleignement appiert per le transcript qui ensuit.  
36 Edwardus dei gracia Rex Ang. dominus Hiberniae, & Dux Aquit' vic. Surr. salutem. Cum nuper in parliamento nostro apud Westm. convocato ad supplic praelator. come, Baronum, & cointatis regni nostri per litt' patentes concesserimus qd'peramb tempore domini E quondam R. Ang. avi nostri in forestis suis tam citra Trentan quam ultra factae & per ipsum awm nostrum concesse & confirmate secundum metas & bundas in eisden perambulac' content' obseruarentur imperpetuum & tenerentur. Et peramb. in forestis in quibus tempore dicti avi 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 inveniri contigerit pro nobis & haered'nostris confirmari & approbari faceremus. Ac postmodum ad requisic. cointatis com' praed'nobis suggerentis quod peramb. in forestis nostris in eodem com' factae non fuerunt volentes concessionem nostram praed'effectum mancipari. Assignavimus quosdam fideles nostros ad peramb. rectam in forestis nostris in eodem com' in quibus peramb. tempore dicti avi nostri factae non fuerunt, per sacrm tam militum quam aliorum proborum & legalium hominum de eodem com' per quos rei veritas melius sciri & peram. ille melius fieri possent faciend'iuxta tenorem chartae domini H. quondam R. Ang. proavi nostri de foresta, Idemque fideles nostri peramb. huiusmodi in eodem com' praetextu assign' nostrae eis inde sic factae fecerunt & cas nobis in Cancel. nostra miserint. Ac nos per litteras nostras parentes dictam peramb. acceptavimus & eam pro nobis & hered'nostris quantum in nobis est ratificavimus, approband'concesserimus & confirmanimus secundum metas & bundas in dicta peramb. contentas imperpetuum 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. secundum metas & bundas in eisdem literis nostris contentas public' proclamari, 
Note that here are forty days reserved for the safe return of the wild beasts.  et firmiter observari faciatis. Saluis nobis quadraginta diebus a tempore dat' huius brevis numerand'ad feras nostras in locis extra forestam peramb. praed'sic posit' existentes ad forestam 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 quill enchase a ses beasts deins se temps de quarant iours horse de la Purale tank a sa Forest nr' seign' le roy luy ad maund son brief a ceo fair 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 locum tenenti salutem. Cum nuper in parliamento nostro apud Westm conuocat' ad supplic. Praelator', Com', Baronum & comitat' regni nostri per litteras nostras patentes concesserimus, qd perambul'tempore domini E. quondam R. Ang. avi nostri in forestis suis tam citra Trentam quam ultra factae & per ipsum awm nostrum concesse & confirmate secundum metas & bundas in eisdem perambul'contentas obseruentur imperpetuum & teneantur quod peramb. in forestis in quibus tempore dicti avi 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 inveniri contigerit pro nobis & hered'nostris confirmari & approbari faceremus prout in litteris nostris plenius continetur. Ac postmodum ad requisic' cointatis come Surr. nobis suggerent' quoth peramb. in forestis nostris in eodem come factae non fuerunt, Volentes concessionem nostram praed'effectum mancipari, Assignavimus dilectos & fideles nostros Tho. Tregor, joh. de Stonore, joh. de Ifeld, & joh. Dabnon ad peramb. rectam in forestis nostris in eodem com' in quibus peramb. tempore dicti avi nostri factae non fuerunt per sacrm tam militum quam alior' probor' & legal'hominum de eodem com' per quos rei veritas melius sciri & peramb. illae melius fieri possent faciend'iuxta tenorem Chartae domini H quondam Regis Ang. proavi nostri de foresta. Ac ijden Tho. Io. Io. & Io peramb. huiusmodi in eodem come praetextu assign' nostrae eis inde sic factae fecerint & eas nobis in Cancellar' nostra miserint in forma subscripta. Perambulatio forestae come Surrey juxta metas & bundas per inquis. inde capt coram Thom. Tregor, Ioh de Sonore, joh. de Ifeld. & joh. Dabnon ad peramb. illam faciend', assignand. Ac postea fact' per visum praed'Ioh. joh. & Ioh ac per sacrm Henr' Huse, Henr. de Monteforti militum Rob. le Dol. Hen de Summer bury, Will. Huse, joh. de Bures senioris, Nich, le Bachiller, joh. Prodehome, Will. de Porkle, joh. at Stoket, Rob. de Ditton, et joh. de Kingsnode Iurat', Qui dicunt quod tempore dicti avi nostri nulla peramb. facta fuit in Com Surr. Sed peramb. faciend'in forestis illis nicheand'est apud Waymuth. Et abinde semper in longitudine Tamisie, usque Laderlakshach ubi tres com' conveniunt vz Surr. Bark et Buck. Et abinde usque orientalem corneram parci de Windsor. Et abinde usque molendinum de Harpesford. Et abinde usque Thornehull. Et abinde usque lafoy Lee. Et sic usque Horton. Et abinde per medium la sheet usque Gomerichesford. Et abinde usque Rolnescrouch. Et abinde usque Wyshemoresden. Et abinde usque Brudford ubi tres com' conveniunt, vz, Surrey, Bark. et Such. Et quod totus come Surrey est extra forestam et fuit tempore dicti Regis H. proavi nostri. Ac nos peramb. praed'acceptantes et eas pro nobis et heredes nostris in quantum nobis est ratificaverimus Approbaverimus concesserimus et confirmaverimus 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 observari, Saluis nobis quadraginta diebus a tempore brevis 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 castle of Windsor, commanding him to fet the Dear 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 part apponatis quod damnum nobis de feris nostris ibidem per vestri negligentiam nullaten' generet'. Teste meipso apud Wigorn', xxvi. die Decembris, Anno R. R. ij. primo.  
Per ipsum regem & Cons.  
39 Per virtue de quel brief apres la Charter lie en county et la proclamation fait que la Purale serroit fermement gard le 
Here is to be noted the manner how the Pur. is granted.  dit Constable del castle de Windsor enchasea les beasts nostre seigniour le Roy deins de temps de quarante iours avauntdit horse de la Purale en la Forest nostre seigniour le roy et deins quel temps les bon gents del County de Surrey se tyndrent en pees fans rien chacer ou malefaire. Et apres les quarant iours les bones gents deal County de Surrey, userent lour franchise come ateint a eux solonc la volunte nostre seigniour le roy per sa Charter a eux fait avantdit et confirm.  
40 jey finist les Proces de la Purale de la Forest de Windsor fait en la count de Surrey, et suy en la manner come avaunt est dit tank ele fuit encharter & confirm de la bon volunte nostre seigniour le roy solonc ceo quill graunta en pleine parliament as graunds et la commonalty de la terre a tener et a garder pur luy et pur ces heirs a touts iours par ces letter's Patents come ils fuissent confirms.    
FINIS.