THE GREAT CHARTER OF THE FORESTE, DECLARING THE LIBERTIES OF IT.  
Made at WESTMINISTER, the Tenth of February, in the Ninth Year of HENRY the Third, Anno. Dom. 1224. and Confirmed in the Eight and Twentieth of EDWARD the First, Anno Dom. 1299.  
WITH Some short Observations taken out of the Lord Chief Justice COKE's Fourth Institutes of the Courts of the FORESTS.  
Written for the Benefit of the Public.  
LONDON, Printed by the Assignees of Richard and Edward Atkins, Esquires, for John Kidgell at the Atlas in Cornhill, near the Royal Exchange, 1680.   

A PREFACE TO THE READER.  
FInding how well Magna Charta hath been received amongst us, as it hath been lately printed with some of my Lord Coke's Notes upon it, and considering likewise that Charta de Foresta, which was made and confirmed at the same times with the other, does in effect treat of the same Matter, and therefore both are called The GREAT CHARTERS of the LIBERTIES of England, I could not but imagine, that upon taking the same course, and presenting you with some of that Great Man's Comments, and Explanations of the Text, as I could gather them out of his fourth Institutes of the Courts of the Forests, & alibi; I could not, I say, but imagine, that this GREAT CHARTER of the FORESTE would meet with an Equal kind Entertainment from you.  
This, together with the Importunity of the Stationer, made me set about the Work; and I will here speak but a very few things by way of Preface, because I would not long keep you from your fuller satisfaction; and those shall be excerpted from my Lord Coke too. There were many of the Great Charters, and of This CHARTA DE FORESTA, put under the Great Seal, and sent to Archbishops, Bishops, and other men of the Clergy, to be safely kept, whereof one of them remain at this day at Lambeth, with the Archbishop of Canterbury.  
This was a great reach of Policy, to have them well preserved; and besides,  
The same was entered of Record in a Parliament Roll.  
And afterwards King Edward the first, by Act of Parliament 
25 E. 1. c. 1.  did ordain, that both these Charters should be sent, under the great Seal, as well to the Justices of the Forest, as to others, and to all Sheriffs, and to all other the King's Officers, and to all Cities through the Realm; and that the same Charters should be sent to all the Cathedral Churches, and that they should be read and published in every County four times in the year, in full County, viz. the next County day 
28 E. 1. c. 1.  after the Feast of St. Michael, the next County day after Christmas, and the next County day after Easter, and the next County day after the Feast of St. John.  
This Charta de Foresta and Magna Charta, my Lord Coke calls, Two glorious Lights; and truly so, for they were adjudged in Parliament to be taken as the Common 
25 E. 1. 1.  Law; and the Law is the Light and Guide of Judges; Lex est exercitus Judicum tutissimus Ductor, lex est Optimus Judicis Zenagogus, & lex est tutissima Cassis.  
And albeit Judgements in the King's Courts are of high regard in Law, and Judicia are accounted as Juris dicta, yet it is provided by the same Act of Parliament, that if any Judgement be given contrary to any of the points of either of the Charters, by the Justices, or by any other of the King's Ministers, etc. it shall be undone, and holden for nought, because the Judgement is given against the Law.  
And in such high Estimation have these two Charters been, that they have been confirmed, established, and commanded to be put in Execution by two and thirty several Acts of Parliament.   

Magna Charta DE FORESTA. THE GREAT CHARTER OF FORESTS, etc.  

EDward by the Grace of God, King of England, Lord of Ireland, and Duke of Guyan, to all to whom these Presents shall come, sendeth, Greeting.  
We have seen the Charter of the Lord HENRY our Father, sometime King of England, concerning the Forest, in these words:   

HEnry, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy and Guyan, and Earl of Anjou, to all Archbishops, Bishops, Abbots, Priors, Earls, Barons, Sheriffs, Provosts, Officers, and to all Bailiffs, and other our Faithful Subjects, who shall see this present CHARTER, greeting.  
Know ye, That We, unto the Honour of Almighty God, and for the Salvation of the Souls of our Progenitors and Successors Kings of England, to the advancement of Holy Church, and amendment of our Realm, of our mere and free will have given and granted to all Archbishops, Bishops, Abbots, Priors, Earls, Barons, and to all Freemen of this our Realm, these Liberties following, to be kept in our Kingdom of England for ever.  

CHAP. I. What Woods shall be disafforrested.  
IMprimis, We will, that all Forests, which King Henry our Grandfather afforested, shall be viewed by good and lawful men; and if he hath afforested any other (a) Wood, more than his own Demesne, by which the Owner of the Wood hath damage, it shall be forthwith disafforested; and if he hath afforested his own Wood, than it shall remain Forest: saving the (b) Common of Herbage, and of other things in the same Forest, to them who before were accustomed to have the same. 3. Bulstrode. 213.  

Ockam cap. quid Regis Foresta, saith, Foresta est tuta ferarum Mansio, non quarum libet, sed silvestrium, non quibuslibet in locis, sed certis & ad hoc idoneis, unde Foresta E. mutata in O. quasi Feresta, hoc est, ferarum statio. Co. Litt. Sect. 378. Fol. 233. a.  
Forests and Chases are not enclosed, but a Park must be; the Forest and Chase do differ in Offices and Laws: every Forest is a Chase, but every Chase is not a Forest. A Subject may have a Forest by special grant of the King, as the Duke of Lancaster, and Abbot of Whitby had. id. ibid.  
A Forest consisteth of Eight things, viz. Of Soil, Covert, Laws, Courts, Judges, Officers, Game, and certain Bounds. Co. Inst. 4. Part. Fol. 289.  
Foresta est nomen collectivum, and by the grant thereof, the Soil, Game, and a free Chase doth pass. id. ibid.  
King John the 15 of June in the 18 year of his Reign, at Kummigs-mead, alias Kyme-mead, between Stanes and Windsor, granted the like Charter, as Charta de Foresta is. id. ibid.  
(a) This is an Act of Restitution, for if the King might have made a Forest in other men's Woods, than could not the Owner have felled down his own Woods without View and Licence, & sic ad damnum illius, etc. id. Fol. 300.  
(b) Note, all manner of Commons are saved.    

CHAP. II. Who bond to the Summons of the Forest.  
MEn that dwell out of the Forest, from henceforth shall not come before the Justicers of our Forest by common Summons, except they be impleaded there, or be Sureties for some others that were Attached for the Forest.  

This Statute of Charta de Foresta hath been above Thirty times, and lastly in 4 Hen. 5. confirmed, and enacted, and commanded to be put in execution. Co. Inst. 4. Part. Fol. 303.  
And it is very observable, that if any Act of Parliament hath been made against any of the Articles of the Statute of Carta de Foresta, by the Act of Parliament of 42. E. 3. the same is made void, and by the Statute of Confirmationes Cartarum in 25. E. 1. all Judgements given against any of the points of Carta de Foresta, shall be holden for void.    

CHAP. III. What Woods made Forest, shall be disafforested.  
ALL Woods that have been made Forest by King Richard our Uncle, or by King John our Father, until our first Coronation, shall be forthwith disafforested, unless it be our Demesne Wood  

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

CHAP. IU. No Purpresture, Waste, or Assart to be made in Forests.  
ALL Archbishops, Bishops, Abbots, Priors, Earls, Barons, Knights, and other our Freeholders, who have their Woods in Forests, shall have their Woods as they had them at the first (‖) Coronation of Henry our Grandfather, so that they shall be quit for ever of all (a) Purprestures, (b) Wastes, and (c) Asserts, made in those Woods, after that time until the beginning of the second year of our Coronation: And those who from henceforth do make Purpresture without our Licence, or Waste, or Assert in the same, shall answer unto us for the same Wastes, Purprestures, and Asserts.  

(a) Purpresture cometh of the French word purprise, or pourpris, which signifieth an Enclosure or building, and in legal understanding signifieth an encroachment on the King, either upon part of the Kings demesne Lands of his Crown, which are accounted in Law as re's publicae, & semper favorabile fuit in Omni Republica Principis patrimonium; or in the High ways, or in Common Rivers, or in the Common streets of a City, or generally when any Common Nusans' is done to the King and his people, endeavouring to make that private, which ought to be public, which Glanvil, lib. 9 cap. 11. very aptly describeth in these words; Dicitur autem purprestura, vel porprestura popriè quando aliquid super Dominum Regem injustè occupatur, ut in Dominicis Regis, vel in viis publicis obstruct', vel in aquis publicis transversis à recto cursu, vel quando aliquis in Civitate super regiam plateam aliquid aedificando occupaverit, & generaliter quoties aliquid fit ad nocumentum Regii tenementi, vel Regiae viae, vel Civitatis. Co. 2. Instit. fol. 272.  
It was an Article of the Eyre before the Statute de Bigamis, in 4. Ed. 1. to inquire de purpresturis factis super Dominum Regem, sive in Terra, sive in Mari, sive in aqua dulci, sive infra libertatem, sive extra. Cap. itineris. id. ibid.  
It appeareth also by Glanvil, that there be likewise Purprestures done to Subjects. id. ibid.  
(b) Waste, Vastum dicitur à vastando, of wasting and depopulating; and for that waste is often alleged to be Timber, which we call in Latin Maremium, or Maresnium, or Maresmium; it is good to fetch both of them, saith my Lord Coke, from the Original. First, Timber is a Saxon word: Secondly, Maremium is derived of the French word Marreim, or Marrein, which properly signifieth Timber. Co. 1. Instit. fol. 52. b. 53.  
(c) Assert, is so called of the effect (as some hold) and is derived (say they) of ad and sero, assero, because of Wood grounds, Marshes or waste grounds, they are converted to be sown with Corn, and therefore in the Register, and F. N. B. it is written assertare, with an E. and so it is in this Chapter here in the Latin. Bracton 
† Lib. 4. fol. 226.  hereof saith, Illud quod fuit aliquando boscus, & locus vastae solitudinis & communia & jam inde efficitur Assartum, vel redactum est in Culturam. And herewith agreeth Fleta, lib. 4. c. 22. lib. 2. cap. 25. illud olim fuit Foresta, et boscus, etc. et jam efficitur Assartum, & reductum est in Culturam, et idem dici poterit de Mariscis et aliis vastitatibus in culturam redactis. Others fetch it otherwise, but we hold, that it is derived of the French word essarter, to grub up, or clear a ground of wood, etc. and this appeareth by doomsday. Hereford-shire. Merchela in eodem manerio sunt 58. acrae, terrae provect. de silva, written over the same essars: de essart silvae exeunt 17. s. and 4. d. E. being turned into A. Co. Instit. 4. part. fol. 306, 307.  
(‖) Where it it is said (tempore Coronationis Regis Henrici Avi, that is of H. 2.) it is to be known that he was Crowned twice, viz. the 20. of December in the first year; he caused his Son Henry to be Crowned King the 15. of June, in the 16. year of his reign; Henry his Son died the 11. of June in the 28. year of his reign; after whose death King Henry Fitz-Empresse was Crowned again. Id. fol. 293.    

CHAP. V When Rangers are to make their Range in the Forest.  
OUr Rangers shall go through the Forests to make range, as it hath been accustomed at the time of the First Coronation of King Henry our Grandfather, and not otherwise.  

The Ranger is a sworn Officer of the Forest, of which sort there seem to be twelve, as you shall see in the 7. Chapter, but he is not within the Forest, having no charge of Vert, but only of Venison that cometh out of the Forest into his charge, or part of the Purlieu, to safe conduct them back again. And it is to be noted, that in such Forests as have no Purlieus, there is no Ranger, but Foresters serve the turn.  
This Ranger is made and appointed by the King, his Letters patents under the great Seal; and for his better encouragement in his duty, he hath a yearly fee of twenty pounds, or thirty pound paid out of the Exchequer, and certain fee Dear both red and fallow; his Office consisteth chief in these three points:  
1. Ad perambulandum quotidie per terras de afforest at as, ad videndum audiendum & inquirendum, tam de Malefactis, quam de Malefactoribus in Balliva sua.  
2. Ad Refugandum feras Forestae tam Veneris quam Chaseae de terris deafforestatis, in terras afforest at as: &  
3. Ad praesentandum omnes trangressiones Forestae in terris deafforestatis factas, ad proximas Curias illius forestae tent as.  
As for the Oath of the Ranger, it is continually in these words. You shall truly execute the Office of a Ranger in the Purlieu of P. upon the border of the King's Forest of P. You shall rechase with your Hound and drive the Wild Beasts of the Forest, as often as they shall range out of the same Forest into the purlieus; You shall truly present all unlawful hunting and hunters of Wild Beasts of Venary and Chase as well within the purlieus (which proveth that the purlieus are no part of the Forest, but distiuct things) as the Forest; and those and all other offences you shall present at the King's next Court of Attachments, or Swanimote, which shall first happen: So help You God. Co. Instit. 4 Part. fol. 304.  
Purlieu is all that ground near any Forest, which being made Forest by Henry the second, Richard the first, or King John, were by Perambulation granted by Henry the third, severed again from the same. Manwood, Part. 2. of his Forest Laws, cap. 20.  
Purlieu, saith my Lord Coke, containeth such grounds which Henry the Second, Richard the first, or King John added to their Ancient Forests over other men's grounds, and which were disafforested by force of this Statute, in the first and third Chapters, and the Perambulations and Grants thereupon. And is derived from a French Adjective, and a French Noun, viz. Pur, which signifieth clear, entire, and exempt, and lieu, that is, a place entire, clear, or exempt from the Forest. And both of these derived from the Latin Adjective and Noun: viz. Purus locus, and in this sense the Civilians called that purum locum qui sepulchrorum Religioni non est obstrictus. And the perambulation whereby the Purlieu is deafforested, is called in French Pourallée. i e. perambulatio: so as the purlieu and pourallée are two distinct things, and 33 E. 1. Stat. 5. purlieu is the right name of the place deafforested. Co. Instit. 4. Part. fol. 303.  
By this it appeareth that Chases that never were any Forests cannot have any Purlieu, and consequently the case in 16 Dyer. 326, b. 327. is mistaken, for the Chase of Whaddon never was any Forest. Whereby it may be observed, how necessary the true derivation of words is, according to Littleton's Example. id. ibid.  
By this deafforestation the owners of the grounds within the Purlieu may at their will and pleasure fell, cut down, eradicate, and stubb up all the Timber, Woods and underwood, convert their Pastures, Meadows, and other grounds to arable, enclose them in with any kind of enclosure, build and erect new Edifices upon the same or any part thereof, and to dispose and use the same after the disafforestation, as if they never had been afforested. id. ibid.    

CHAP. VI Lawing of Dogs in Forests.  
THe Enquiry or view of (a) Lawing of Dogs within our Forest, shall be made from henceforth, when the Range is made, that is to say, from three year to three year, and then it shall be done by the view and testimony of lawful men, and not otherwise. And he whose Dog is not lawed, and so found, shall pay for his amercement three shillings. And from henceforth no Ox shall be taken for lawing of Dogs. And (b) such lawing shall be done by the Assize commonly used, that is to say, that three claws of the forefoot shall be cut off by the skin. But from henceforth such lawing of Dogs shall not be, but in places where it hath been accustomed from the time of the first Coronation of the aforesaid King Henry our Grandfather.  

(a) Expaaltare Canes. i e. Expeditare Canes. Expeditating or Lawing of Dogs. Expeditatio is derived of ex and pede, because the Dog is lamed in the foot. Co. Instit. 4. Part. fol. 308.  
(b) Canis in this Chapter is taken for Mastivus by these words, talis Expeditatio fact' per Assisam communiter usitatam, which hath reference to the Assize of the Forest, tempore Henri. 2. Art. 6. which speaketh only the expeditatione Mastivorum & Assis. & consuetud. Forestae, 6 Ed. 1. cap. 9 speaketh only de Mastivo. id. ibid.  
Ortelles, this word is taken from the French word Orteils des pieds. i e. digiti pedum, the Toes, or here Claws. ibid.  
Pellota, of the French word Pelote, and they from Pila; in this act it is taken for the Ball of the foot, sine Pelota, without the ball of the foot. And therefore by the express words of this Chapter the ball of the foot of the Mastive is not to be cut off, but the three claws of the forefoot to the skin. This extendeth only to Mastiffs, and to no other Dogs; for Vbi non est Lex ibi non est Transgressio; and necessary it is, that such as dwell in Forests where there are Coverts, that they should keep other Dogs unexpeditated, and the Mastiff unexpeditated for the defence of their house, or for giving of warning of Thiefs and Robbers, etc. ibid.  
The words of this Chapter are, De expeditatione Canum existentium in Foresta; and therefore in Purlieus or places deafforested, a man may keep a Mastiff without being expeditated. Ibid.  
If Greyhounds be found running ad Nocumentum, the Forester ought to retain them, and present them in the presence of the Verderers, and send them to the King, or to the chief Justice of the Forest. Ibid.  
The Court of Regard, or Survey of Dogs, as you see by this chapter, is holden every every third year, for Expeditation or lawing of Dogs by that Court. Id. fol. 289.    

CHAP. VII. Where only Gathering shall be in Forests.  
(a) NO Forester or (b) Beadle from henceforth shall make (▵) Scotal, or gather Garb or Oats, or any Corn, Lamb, or Pig; nor shall make any Gathering, but by the Sight, and upon the Oath of the Twelve Rangers, when they shall make their Range. So many Foresters shall be assigned to the Keeping of the Forests, as reasonably shall seem sufficient for the Keeping of the same.  

Stat. 25 Ed. 3. 7.   

In this Statute of 25 Ed. 3. c. 7. the words are: Moreover, It is Accorded and Established, That no Forester, nor Keeper of Forest or Chase, nor any other Minister, shall make or gather Sustenance, nor other Gathering of Victuals, nor other thing, by colour of their Office, against any Man's Will, within their Bailywick, nor without; but that which is due of Old Right.  
(a) Forestarius is taken for a Wood-ward, not only of the King within his Forest, but ex vi termini of any Subject of his Woods wheresoever they lie; as appeareth by a Writ in Bracton, lib. 4. fol. 316. a. & b. & 231. a. Vid. Co. Instit. 4. part, fol. 293. But in Legal Understanding, he is taken for a sworn Officer Ministerial of the King's Forest; and his Duty appeareth by his Oath, which consisteth of Five Parts.  
1. That he shall be Loyal and True to the Master of the Forest.  
2. That he shall truly walk and keep the Office of the Forestership, and true Watch make both Early and Late, both of Vert and Venison.  
3. Truly attack, and true Presentment make of all manner of Trespasses done within this Forest, to his Knowledge; and especially, within the keeping of his Baylwick.  
4. The King's Council, his Fellows, and his own, he shall truly keep. And,  
5. No Concealment make for no Favour, Meed, or Dread; but well and truly to behave himself therein. Co. ibid.  
Officers of the Forest shall not be sworn on Inquests out of the Forest. Ordinat. Forestae, 34 E. 1. cap. 5. ibid.  
(b) Bedellus, is an Officer of the Forest, that doth warn all the Courts of the Forest, and doth Execute the Process of the Forest, and make all Proclamations as well within the Courts, as without; and is derived from the Saxon Word Bydder, to Call or Warn, or of the French Word in Normandy, Bedeau, a Bailiff, or Apparitor. Co. Instit. 4 part, fol. 313.  
How many sorts of Officers, and what Number do belong to a Forest; you may be satisfied in, by my Lord Coke's Recital of them, as they are found in the Eire of Pickering.  
The Foresters, by this Chapter, for keeping of the Forests, are to be so many, as shall reasonably seem sufficient for the same.  
The Verderers are most commonly Four in every of the King's Forests.  
They are Judicial Officers of the Forest, and chosen in Full-County, by force of the King's Writ.  
The Office of a Verderer is to observe and keep the Assizes or Laws of the Forest; and to View, Receive, and Enrol the Attachments and Presentments of all manner of Trespasses of the Forest of Vert and Venison; and to do equal Right and Justice, as well to Poor as to Rich. All this, and much more you may read in the Oath, which he taketh before the Sheriff. Co. Instit. 4 par. fol. 292, 293.  
The Form of it you may see in Manwood's First Part of his Forests Laws, pag. 51. You shall truly serve our Sovereign Lord the King, in the Office of a Verderour of the Forest of P. You shall to the utmost of your Power and Knowledge, do for the Profit of the King, so far as it doth appertain unto you to do. You shall preserve and maintain the Ancient Rights and Franchises of his Crown. You shall not conceal from his Majesty any Rights or Privileges, nor any Offence either in Vert or Venison, or any other thing. You shall not withdraw, nor abridge any Defaults; but shall endeavour yourself to manifest, and to 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 Indifferently 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 Poor, as unto the Rich, in that appertaineth unto your Office. You shall not oppress any Person by colour thereof, for any Reward, Favour, or Malice. All these Things you shall, to the uttermost of your Power, observe and keep.  
The Regardatores, or Rangers, are by this Chapter to be Twelve at the least; but by the said Eire of Pickering, it appeareth there may be more, for there are there set down Thirteen by name. Vid. Co. Instit. 4 par. fol. 311.  
The Agistors', or Gist-takers, are Four in Number within every Forest: Their Office you shall see more of in the Nineth Chapter. And,  
There are several others, which you may see in Manwood, par. 2. cap. 1. nu. 4, & 5. together with their Offices, too long here to be inserted.  
▵ Scotales, Scotale, derived of two English words, Scot and Ale; as much as to say, a Tribute or Contribution of Drinking for the Ministers of the Forest; when they came to the House of any, whereunto others are Contributory within the Perambulation of the Forest, which then was called Potura, a Drinking. And after, they claimed the same for all Victuals for Themselves, their Servants, Horses, and Dogs, which was called Putura: And this doth notably appear by a Record in 5 E. 3. in these words:  
Putura in Chacea de Bowland. i. Consuetudo clamata per Forestarios, & aliquando per Ballivos hundredorum, recipere Victualin, tam pro seipsis, hominibus, equis & canibus de tenentibus & inhabitantibus infra Perambulationem Forestae seu hundredi quando eò pervenerint, nihil inde solvend. And whereas it is enacted by the Statute 25 E. 3. c. 7. , That no Forester, or Keeper of Forest or Chase, etc. shall make or gather Sustenance, etc. against any Man's Will, etc. but that which is due of Old Right; that is, those Fees which time out of mind, they ought to have within that Forest, and as shall appear to be due by the Oaths of Twelve Regarders, or Rangers. Co. Instit. 4 par. fol. 307.    

CHAP. VIII. When Swanimotes are to be kept, and who to Repair to them.  
NO Swanimote from henceforth shall be kept within this our Realm, but thrice in the Year; viz. in the Beginning of Fifteen Days afore Michaelmass, when that our Gest-takers, or Walkers of our Woods come together, to take Agistment in our Demesne Woods; and about the Feast of Saint Martin, in the Winter, when that out Gest-takers shall receive our Pawnage. And to these two Swanimotes, shall come together our Foresters, Verderors, Gest-takers, and none other by Distress. And the Third Swanimote shall be kept in the Beginning of Fifteen Days before the Feast of Saint John Baptist, when that our Gest-takers do meet to Hunt our Deer. And at this Swanimote shall meet our Foresters, Verderors, and none other by Distress. Moreover, every Forty Days through the Year, our Foresters and Verderers shall meet, to see the Attachments of the Forest, as well for (▵) Greenhue, as for Hunting, by the Presentment of the same Foresters, and before them Attached. And the said Swanimotes shall not be kept, but within the Counties wherein they have used to be kept.  

Within every Forest there are these Courts.  
1 C. First, The Court of the Attachments, or the Woodmote Court: This is to be kept before the Verderers every Forty Days throughout the Year; and thereupon is called The Forty-day Court. At this Court, the Foresters bring in the Attachments de Viridi & Venatione, and the Presentment thereof; and the Verderers do receive the same, and enrol them: But this Court can only Inquire, and not Convict. But it is to be observed, that no Man ought to be attached by his Body, for Vert or Venison, unless he be taken with the Manner within the Forest; otherwise the Attachment must be by his Goods.  
2 C. Secondly, The Court of Regard, or Survey of Dogs to be Holden every Third Year for Expeditation, as before has been said.  
3 C. Thirdly, The Court of Swanimote, which is to be Holden before the Verderors, as Judges, by the Steward of the Swanimote, thrice in the Year; and the Foresters ought to present their Attachments at the next Swanimote-Court; and the Freeholders' within the Forest, are to appear at the Swanimote, to make Inquests and Juries. And this Court may inquire de Super onerationae Forestariorum, & aliorum Ministrorum Forestae, & de eorum oppressionibus populo nostro illatis. And this Court may not only Inquire, but Convict also; but not give Judgement.  
Vid. 1 E. 3. ca 8. 50 E. 3. Assiz. 442. Co. Instit. 4 par. f. 289.  
Swanimote is derived of Swein, that is, Saxonicè Minister; and Mote, or Gemote, which is Curia, i. e. Curia Ministrorum Forestae; so called, because it is but a Preparative for the Justice-Seat, a. Ordinat. Forestae, 34 Ed. 1. cap. 4. id. ibid.  
For the Jurisdiction of this Court, there is a Notable Case in 45 E. 3. in a Writ of Trespass of False Imprisonment, brought against J. de W. the Defendant said he, is Forester in fee of the Forest, and that a certain Swanimote it was presented by the Foresters, Verderers, Regarders, and Agistors', that the Plaintiff had chased and taken Deer within the Forest: Whereupon the Defendant being Forester in Fee, came to the Plaintiff, and prayed him to find Pledges to answer the same before the Justice in Eyre, in this Country, (that is, at the Justice-Seat): and that to do the Plaintiff refused; by force whereof he retained him, until he had performed the Statute in that Case provided; and justified the Imprisonment. The Plaintiff replied, De son tort Demesne sans tiel cause; and the Issue was received by the Court. And it was said, That before the Justice in Eire he should have no Averment against the Presentment of the Foresters. Id. f. 290.  
Hence are Six Conclusions observable.  
1. First, That the Law of the Forest is allowed and bounded by the Common-Laws of this Realm.  
2. Secondly, That though the Verderers be Judges of the Swanimote, and the Steward but a Mininster; yet the Presentment in that Court, is as well by them as Verderors, as by Foresters, or Keepers, Regarders, and Agistors', by the Law of the Forest.  
3. Thirdly, That a Forester or Keeper may Arrest any Man, that Kills or Chaseth any Deer within the Forest, when he is taken with the Manner within the Forest; or if the Offender be Indicted.  
If a Man be so Imprisoned, and after offer sufficient Pledges, and they are not taken; seeing Justice-Seats for Forests are very seldom Holden, this is his Remedy▪  
In the Termtime, he may have Ex merito Justitiae, a Habeas Corpus out of the King's-Bench; or, if he have Privilege, out of the Court of Common-Pleas, or of the Exchequer, or out of the Chancery, without any Privilege in Term, or out of Term in time of Vocation; and upon the Return of the Writ, may be Bailed to appear at the next Eire to be Holden for the Forest, etc. and also, may be Bailed by a Writ de Homine Replegiando, directed Custodi Forestae, if he be Arrested by the Officers of the Forest, for Hunting, etc. whereof he stands Indicted, or Presented, taken with the Manner, he finding Twelve Pledges: But if he be adjudged by the Justices in Eire, and Imprisoned, he can't be Bailed by that Writ.  
If he be unjustly proceeded against, he hath there Remedy by Law.  
Note a Difference, between the Writ de Homine Replegiando directed to the Sheriff; for he cannot by Stat. West. 1. cap. 15. Replevy any Man imprisoned for the Forest, being taken with the Manner, or Indicted: But this Statute reaches not to that of de Homine Replegiando, directed Custodi Forestae.  
4. Fourthly, That the Offender may be Retained by him, until he hath found Pledges to appear before the Justice in Eire; because (as hath been said) the Swanimote-Court hath no Power of Judicature: But if sufficient Sureties be offered, he ought not to be Imprisoned.  
5. Fifthly, The Justice in Eire at his Sessions, may, by the Law of the Forest, proceed upon the Presentments or Verdicts in the Swanimote-Court, though they are taken in another Court. And,  
6. Lastly, Note, The Issue joined upon the Plea of the Forester, viz. De injuria sua propria absque tali causa, and allowed by the Court, and the Consequent thereupon.  
Note also, That if at the Swanimote, the Presentment of the Foresters be found true by the Jury concerning Vert or Venison, the Offender standeth thereof Convict in Law, and cannot Traverse the same: But an Indictment or Presentment before the Chief-Justice of the Forest, at a Court of 
21 E. 3. 48.  the Justice-Seat by a Jury, and not found in the Swanimote, may be Traversed, 8 E. 3. Itinere Pickering, 147. a. because it is not Presented but by one Jury. Co. Instit. 4 par. 290, 291.  
4 C. There is also the Court of the Justice-Seat, holden before the Chief Justice of the Forest, aptly called Justice in Eire; for so he is, and hath Authority and Jurisdiction to Hear and Determine concerning Vert and Venison, etc. by force of Letters Patents under the Great Seal; whereof there are Two: One for the Forest on this side of Trent, the Other beyond. Id. 291.  
The Court of the Justice-Seat can be kept but every Third Year; and other Justices in Eire kept their Courts every Seventh Year. And it must be Summoned Forty days at least, before the Sitting thereof: And one Writ of Summons is to be directed to the Sheriff of the County. Id. Ibid.  
There is another Writ of Summons directed Custodi Forestae, etc. And this consists of Two Parts.  
1. To summon all the Officers of the Forest, to bring with them all Records, etc.  
2. All Persons who claim any Liberties or Franchises within the Forest, etc. to show how they claim the same. Id. Ibid.  
More of this shall be said in the Sixteenth Chapter.  
(▵) Greenhue is Vert; and signifieth in the Laws of the Forest, Every thing that doth Grow, and bear Green Leaf, within the Forest, that may cover and hid a Deer. Manwood 2 par. Forest-Laws, fol. 6. a. & fol. 33. b.  
Vert is divided into General and Special; Vert General is, as above Defined; special, is every Tree and Bush within the Forest, to Feed the Deer withal; as Pear-Trees, Crabtrees, Hauthorns, Black Bush, and the like. And the reason of this Name is, because the Offence of destroying such Vert, is more highly punished than any other, according to the Quantity thereof. See more C. 16.  
Mensis Vetitus, Fencemonth, or Defence-Month; so called; because it is the Fawning-Month, when the Does have Fawns; for the Preservation whereof, they ought to be Fenced, and Defended from Hurt and Disquiet. It contains a Kalendar-Month of One and Thirty Days, and gins the Fifteenth Day before Midsummer; in the beginning whereof, a Swanimote is to be holden, and endeth Fifteen Days after: as you may see by this Chapter. The Third Swanimote to be kept in the beginning of Fifteen Days ante Festum Sancti Johannis Baptistae, quando Agistatores nostri conveniunt pro * Faonatione seu Feonatione bestiarum Nostrarum. Co. Instit. 4 par. fol 313.  
In the Printed Book it is Venatione, which ought to be amended, and made Faonatione, or Feonatione; which signifieth the Fawning.  
This word Faonatio, or Feonatio, is derived of the French word Faonier, i. e. to Fawn, or for Does to bring forth. Id. ibid.    

CHAP. IX. Who to take Agistment and Pawnage in Forests.  
EVery Freeman may Agist his own Wood within Our Forest, at his Pleasure, and shall take his (□) Pawnage. Also, We do grant, That every Freeman may drive his Swine freely, without Impediment, through our Demesne Woods, to Agist them in their own Woods, or where else they will. And if the Swine of any Freeman lie one Night within our Forest, there shall be no Occasion taken thereof, whereby he may lose any thing of his own.  

Agistator, so called, because he taketh Beasts to Agistment; that is, to Depasture within the Forest, or to Feed upon the Pawnage; and cometh of the French Word (Geyser,) i. e. to Lie; because the Beasts that Feed there, are there Levant and Couchant, Lying and Rising. Co. Instit. 4 par. fol. 293.  
Agistment is properly the Common of Herbage, of any kind of Ground, or Land, or Woods, or the Money due for the same. Mr. Manwood, par. prior. of his Forest-Laws.  
This Officer is Constituted by the King's Letters Patents: And of these, in such Forests where there is any Pawnage, there be Four in Number. Co. ibid.  
There Office consisteth in these Four Points: 1. In Agistando. 2. Recipiendo. 3. Imbreviando. 4. Et Certificando. ibid.  
(□) Pawnage, (Pannagium, alias Pasnagium) or Pennagium, as it is Latined in Pupilla Oculi, may be thought to come of the French Panez, or Panets; which is a Root much what like to a Parsnip, but less and ranker in Taste; which Hogs do there Feed upon, though it be Eaten by Men also. It signifieth in our Common-Law, the Money taken by the Agistors', for the Feed of Hogs with the Mast of the King's Forest. Cromp. Jurisd. fol. 155.  
Mr. Manwood, par. prior. of his Forest-Laws, saith, Pawnage is most properly the Mast of the Woods, or Lands, or Hedge-Rowes, or the Money due to the Owners of the same for it.  
Mr. Skene de Verbor. Signif. calleth it Pannagium; and defineth it to be the Duty given to the King, for the Pasturage of Swine in the Forest.  
Quietum esse de Pannagio, i. e. to be quit to pay any thing for Pawnage. Vid. F. N. B. p. 230.    

CHAP. X. The Punishment for Killing the King's Deer.  
NO Man from henceforth shall lose either Life, or Member, for Killing of Our Deer: But if any Man be (⊙) Taken, and Convict for Taking of Our Venison, he shall make a Grievous Fine, if he have any thing whereof. And if he have nothing to lose, he shall be Imprisoned a Year, and a Day: And after the Year and the Day is expired, if he can find sufficient Sureties, he shall be Delivered; and if not, he shall Abjure the Realm of England.  

Stat. 1. Ed. 3. 8. Sess. 1.  
Stat. 1. H. 7. 7.  
Register, fol. 80.   

In this, and in other Chapters of this Statute, Venatio signifieth Venison, as in the Eighth and Sixteenth. It is called Venison of the Mean, whereby the Beasts are taken, Quoniam ex Venatione Capiuntur; and being Hunted, are most Wholesome. They are called, Beasts of Venary, (not Venery, as some term it) because they are gotten by Hunting.  
Ordinatio Forestae, cap. 15. Co. Instit. 4 par. fol. 316.  
There be many Beasts of the Forest, by the Laws of the Forests of England.  
The Hare in Summer, the Hind in Winter; and all that proceed as of them: The Buck in Summer, the Do in Winter, and the Proceed of them: The Hare, Male and Female, and their Proceed: The Wild-Boar, Male and Female, and their Proceed: And the Wolf, Male and Female, and their Proceed: The Martin, Male and Female. The Roe is no Beast of the Forest, but it is a Beast of Chase; and so it was resolved by the Justices, and the King's Council, That Capreoli non sunt Bestiae de Foresta: And this was the Reason of it, eò quod fugant alias feras. Hill. 13. E. 3. coram Rege in Thesaur. Co. Litt. Sect. 378. fol. 233. a.  
The Proceeds of the Hart and Hind: The Male, the First Year a Calf, the Second a Brocket, the Third a Spayad, the Fourth a Staggered, the Fifth a Stagg, the Sixth a Hart; and so after. The Female, the First Year a Calf, the Second a Brocket's Sister, and the Third Year a Hind. Co. Instit. 4 par. fol. 316.  
The Proceeds of the Buck and Do: The First Year a Fawn; the Second Year a Pricket, the Third Year a Sorel, the Fourth a Sore, the Fifth a Buck of the First Head, the Sixth a Great Buck. ibid.  
The Proceeds of the Hare: The First Year a Leveret, the Second Year a Hare, the Third a Great Hare.  
Of a Wild-Boar: A Pig, a Hogg, a Hogg-Stea●, a Boar, and after a Sanglier.  
The Seasons by the Law of the Forest, for the Beasts of the Forest are these:  
Of the Hart, and the Buck, beginneth at the Feast of St. John Baptist, and endeth at Holy Rood-Day.  
Of the Hind and Do, beginneth at Holy-Rood, and continueth till Candlemass.  
Of the Fox, at Christmas, and continueth till the Twenty Fifth of March.  
Of the Hare, at Michaelmass, and lasteth till Midsummer.  
Of the Boar, from Christmas till Candlemass. id. ibid.  
(⊙) Taken: Taken with the Mayneer, à Manu, is in four kinds; viz. Dog-draw; that is, Drawing after a Deer, which he hath hurt. Stablestand; viz. At his Standing with any Knife, Gun, or Bow, or close with Greyhouds in his Leash, ready to Shoot or Course. Backbear; (Bracton, lib. 3. fol. 32.) that is, Carrying away the Deer, which he Killed. Bloody-hand; i. e. When he hath Shot, or Coursed, and is imbrued with Blood. id. fol. 294.  
If the King, or other Lord do Pardon a Trespass in a Forest, and the Offender at a Justice-Seat, by his Learned Council, plead the same; in the Proceeding thereupon, we do observe Two things: 1. That by the Law of the Forest, before any Allowance thereof, the Justices charge the Ministers of the Forest, to inquire, whether the Delinquent hath done any Trespass in Vert or Venison, after the Date of the Pardon. 2. When the Pardon is allowed, than the Entry is, Quod invenit manucaptores quod à modo non forisfac'. i. non Delinqueret aut peccaret. But if an Offender be Convicted for Trespass in the Forest, in Hunting, etc. and adjudged to be Fined or Imprisoned; which Fine, though it be paid, yet shall he find Sureties for his good Abearing, etc. in these words: Quod à modo se bene geret, & in Foresta praedicta non forisfac', i. non Delinqueret seu peccaret. Vnde forisfactura pro delicto. idem, fol. 313.    

CHAP. XI. A Nobleman may Kill a Deer in a Forest.  
WHatsoever 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 View of our Forester, if he be present; or else he shall cause one to blow a Horn for him, that he seem not to Steal Our Deer. And they shall do so likewise in their Return from Us, as it is aforesaid.  

We find not any Chapter or Article of this Charta de Foresta, doth extend to Chases or Parks, but only this Eleventh Chapter. Quicunque Archiepiscopus, Episcopus, Comes, vel Baro ad mandatum nostrum transierit per Forestam nostram, etc. which doth not only extend to the Forests of the King, but to His Chases and Parks also: For so was the Law before the Making of this Act, which is but in Affirmance of the Common-Law of the Forest, before this Act. Co. Instit. 4. par. fol. 308.  
First, In respect of the Persons: For, every Lord of Parliament, be he Spiritual or Temporal, had this Privilege besides those that be named in this Chapter; as, such Abbots and Priors, as were Lords of Parliaments; and so of Dukes, Marquesses, and Viscounts, who were Erected and Created, afterwards being Lords of Parliament, have the same Privilege also. id. ibid.  
Secondly, By reason of the kind of Commandment; Ad mandatum nostrum, saith the Statute; which words have reference to the Writ of Parliament, directed to every Lord of Parliament, Ideo vobis mandamus, etc. and is a Legal Commandment by Writ directed severally to each and every Lord of Parliament, to appear at the King's Court of Parliament, etc. to treat De arduis & urgentibus negotiis Regni, Statum & Defensionem Regni & Ecclesiae Anglicanae concernentibus. And to Recreate themselves, Veniendo, and after Redeundo, they may, passing by any of the King's Forests, Chases, or Parks, Hunt and Kill one or two of the King's Dear. The Lords of Parliament may do it at other times ex Gratia, but by Law, Eundo & Redeundo, to and from the Parliament.  
Thirdly, Here is employed, that the Lord of Parliament may, in the Absence of the Forester or Keeper, after the Blowing of the Horn, Kill one or two of the King's Dear; Propriis suis Canibus, aut Arcu suo proprio.  
Fourthly, Here is a secret Conclusion of Law, That albeit Spiritual Persons are Prohibited by the Canon-Law, to Hunt; yet by the Common-Law of the Land, they may for their Recreation, to make them fit for the Performance of their Duty and Office, use the Recreation of Hunting, as here it directly appeareth. And in Assisa Forestae, 6 E. 1. it appeareth, That the Abbot of Peterborow had a Right of Hunting in the Forest of Rockingham. And this appeareth in other Statutes, viz. 13 R. 2. 19 H. 7. 1 Jac. c. 27. And at this Day, and Time out of mind, the King hath had after the Decease of every Archbishop and Bishop (inter alia) Matam suam Canum, etc. his Kennel of Hounds, or a Composition 
See 25 H. 8. cap. 19, etc.  for the same; which, and other things, are in the Exchequer called Multa.  
Fifthly, The last Conclusion is, That all Canons against the Laws or Customs of the Realm, are void, and of none effect.    

CHAP. XII. How every Freeman may use his Land in the Forest.  
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, Marsh-Pits, Dikes, or Earable Ground, without enclosing that Earable Ground; so that it be not to the Annoyance of any of his Neighbours.  

The Jurisdiction of the Forest being Local, the Law of the Forest hath provided, That the Forest should be enclosed by Meets and Bounds, which indeed are the Enclosure of the Forests: For, as Parks are Enclosed with Wall, Pale, or Hedges; so Forests and Chases are Enclosed by Meets and Bounds: And as a Park cannot be a Park, without such an Enclosure indeed; so it can be neither Forest nor Chase, without an Enclosure in Law; that is, by Meets and Bounds. Metae sunt Clausurae Forestarum & Chacearum. And where, by the Statute 6 E. 1. c. 18. it is provided, Quod omnes metae Forestae sint integrae Domino Regi; that is, so to be understood, Quoad Jurisdictionem & Imperium, & non quoad Dominium: For if Rivers or Highways be Bounds, (as most commonly they be) yet the King hath no more Interest in the Soil, Way, River, or Fishing, than of Right he ought; but only for his Jurisdiction of his Forest, which extendeth over the whole Way, River, etc. And where Mills, and other Houses, Trees, etc. of other Men, and such like, be Meets and Bounds of the Forests; yet thereby the King hath no Interest in such Mills, Houses, or Trees, etc. See more of this in Co. Instit. 4. par. fol. 315. 316.  
Here is nothing in this Chapter so Difficult, as to need Explaining.    

CHAP. XIII. How every Freeman may use his Land in the Forest.  
EVery Freeman shall have within his own Woods, (a) eyries of Hawks, Sparrow-Hawkes, Falcons, Eagles, and Herons; and shall have also the Honey that is found within his Woods.  

(a) Aerie is in our Language, the proper word in Hawks; 
8 E. 3. Itin. Pick. Sir John de Melsa's Case.  for That we generally call a Nest in other Birds; and so used here.  
The Statute speaketh De Aëriis Accipitrum, Espervorum, Falconum, Aquilarum, & Hieronum; which is but in Affirmance of the Common-Law; for it extendeth to Aëries of other Hawks than be specially named; as to Aëries Merleonorum in boscis suis de Levesham. Co. Instit. 4 par. fol. 310.    

CHAP. XIV. Who to take Chiminage or Toll in a Forest; for what Cause, and how much.  
NO Forester from henceforth, who is not Forester in Fee, paying to Us Ferm for his Bailywick, shall take any Chiminage, or Toll within his Bailywick: But a Forester in Fee, paying Us Ferm for his Bailywick, shall take Chiminage; that is to say, for Carriage by Cart, the Half-Year Two Pence, and for another Half-Year Two Pence: for an Horse that beareth Loads, every Half-Year an Halfpenny; and by another Half-Year, an Halfpenny. And but of those only that come as Merchants through his Bailywick by Licence, to buy Bushes, Timber, Bark, Cole; and to sell it again at their Pleasure. But for none other Carriage by Cart, Chiminage shall be taken. Nor Chiminage shall not be taken, but in such Places only where it hath been used to be. Those who bear upon their Backs Brushment, 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.  

Chiminage (as is here expressed) signifieth a Toll for Wayfarage through the Forest. Crompt. Jurisdic. fol. 189. Manwood, par. 1 of his Forest-Laws, fol. 86.  
Quietum esse de Carego, cum aliquae Cartae, seu Carectae cartatae Transeuntes per Forestam, & similiter summagia seu somagia equorum Consuet. sunt solvere secundum magis vel minus Ministris ibidem pro Chemino, ibidem habend. Summagium, or Sommagium, cometh of the French word Sommier, or Summier; which signifieth a Horse carrying any Load. Chimagium, is derived from the French word Chemin, a Way; and, as the Lord Coke says, is a Toll for Waysaring-Men through a Forest. Co. Instit. 4 par. fol. 306.    

CHAP. XV. Pardon for Outlaws, of Trespass within the Forest.  
ALL that be Outlawed for the Forest only, since the time of King Henry our Grandfather, until our first 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.  

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

CHAP. XVI. How Pleas of the Forest shall be Holden.  
NO Constable, Castellani, or Bailiff, shall hold Plea of Forest, neither for (▵) Greenhue, nor Venison, but every Forester in Fee shall make Attachments for Pleas of Forest, as well for Greenhue, as Venison; and shall present them to the Verderors of the Provinces. And when they be Enrolled and Enclosed under the Seals of the Verderors; they shall be presented to our (*) Chief Justicers of our Forest; when they shall come into those Parts, to hold the Pleas of the Forest, and before them they shall be determined. And these Liberties of the Forest, we have granted to all Men; saving to Arch-Bishops, Bishops, Abbots, Priors, Earls, Barons, Knights, and to other Persons, as well Spiritual, as Temporal, Templars, Hospitallers, their Liberties and free Customs, as well within the Forest, as without, and in Warrens, and other places, which they have had. All these Liberties and Customs, We, etc. as it is in the End of MAGNA CHARTA, and We do confirm and ratify these gifts, etc. as you may see there too is specified, etc.  

▵ Greenhue, Vert, is whatsoever beareth green Leaf, but especially of green and thick Coverts: And Vert is of divers Kind's, some that beareth Fruit, that may serve as well for Food of Men as of Beasts, as Pear-Trees, Chestnut-trees, Appletrees, Service-Trees, Nut-Trees, Crabtrees, etc. and for the shelter and defence of the Game: some called Haut-Bois, serving for Food and Browse of, and for the Game, and for the defence of them, as Oaks, Beeches, etc. some Haut-Bois, for browse, and shelter, and defence only, as Ashes, Poplers etc. Of Sub-Bois, some for Browse and Food of the Game, and for shelter, and defence, as Maples, etc. some for Browse and defence, as Birch, Sallow, Willow, etc. some for shelter and defence only, as, Alder, Elder, etc. Of Bushes and other Vegetables, Some for Food and Shelter, as the Haw-Thorn. Black-Thorn, etc. Some for hiding and shelter as Brakes, Gorss, Heath, etc. To Sum up all, Plantarum tria sunt genera: Arbores, Arborescentes, & Herbae, Arbores, as Haut-Bois, and Sub-Bois. Arborescentes, as Bushes, Brakes, etc. Herbae, as Herbs and Weeds, which, albeit they be Green, yet our legal Viridis, Greenhue, extendeth not to them. Co. Instit. 4. par. fol. 317.  
(*) The Court of the Justice-Seat hath Jurisdiction to inquire, hear, and determine two things: 1. All Trespasses within the Forest, according to the Laws of the Forests. 2. All the Claims of Franchises Privileges, and Liberties within the Forest; as, to have Parks, Warrens, Vivaries, to be quit of Assarts and Purprestures, to cut down 
21. H. 7. 30.  his own Woods, without View of the Forester, etc. likewise Claims of Leets, Hundreds, Felons Goods, Waifs, Strays, Fugitives, and to kill Hares and other Beasts of Chase within the Forest; or to have a Wood Infra Metas Forestae, & extra Regardum Forestae, that is, to be out of Jurisdiction of the Forest, and other Franchises, Privileges, Liberties, Immunities, Freedoms, etc. within the Forest; whereof excellent Matter is to be Read in the Eire of Pickering, in 8. E. 3. Rot. 3. 1. Co. 4. Inst. fol. 291.  
This Chief Justice may by the Stat. 32. H. 8. c. 35. make his Deputy, (yet all the Writs of Summons, Ancient and Late are Coram (the Justice Itinerant) Aut ejus Deputato. Before any Justice-Seat be holden, the Regarders of the Forest, must make their Regard by Force of the King's Writ, and the Regard is Obambulare, to go through, and view the whole Forest, and every Bailywick of the same, Ad videndum, inquirendum, imbreviandum & certificandum all the Trespasses in the Forest.  
His Office extendeth through the whole Forest, and every Part thereof, to inquire of all offences concerning Vert and Venison, and of all-Concealments of any Offences or Defaults of the Foresters, and all other Officers of the King's Forest. He is a Ministerial Officer, and is Constituted either by Letters-Patents of the King, or by the Chief-Justice at the Justice-Seat, or to be chosen by Writ to the Sheriff, id. ibid.  
Before a Justice-Seat, there ought to be preparations for the same; to the end, that good Service may be done there, Et quod Itinera non sint umbratilia. ibid. & sequent.  
Note, Before Scroop, and other Justices in Eire, according 
Kilway. 150. 6. V 21. H. 7. 22, & 30.  to the Course of the Common-Law, a Man Claimed to be quit of Pawnage of the King's Forest; And also he Claimed in the same Forest, Pawnage of his Tenant Pour Agistes; And for that this belonged to the Justices of the Forest; they would not meddle with it. And the Reason of that, is, the Words of the Chapter, Praesententur Capitalibus Justiciariis nostris de Foresta, cum in parts illas venerint, & coram eis terminentur. So as the Termination and Ending thereof, belongeth to the Chief Justices of the Forest, by the express Words of this Chapter; and where it saith, Coram Capitalibus Justiciariis nostris, etc. It is to be known, That there is but one Chief Justice of the Forests on this side Trent, and he is named Justiciarius itinerans Forestarum, etc. citra Trentam. And there is another Capitalis Justiciarius, and he is Justiciarius Itinerans omnium Forestarum, etc. Vltra Trentam; who commonly is a Man of greater Dignity, than Knowledge in the Laws of the Forest. And therefore, when Justice-Seats are to be Holden, there be Associated to him such as the King shall appoint, who together with him shall determine Omnia placita, etc. Forestae, with a Patent of Si non omnes, and a Writ de Admittendo, etc. And the Chief Justice of the Forest, and these Associates, are Capitales Justiciarii Forestae, and named Capitales in respect of the Verderors and others, that to some purposes have inferior Judicial Places.    
FINIS.