CHAPTER II

THE FOREST COURTS

The forest eyre was a court called into being by the king’s letters

patent, by which justices were appointed to hear and determine pleas

of the forest throughout a particular county or groups of counties, or

occasionally in the special area of a county or counties. A short time

before the eyre was held, letters close were directed to the sheriff

relative to its business. By these they were ordered to summon (1) all

dignitaries and other free tenants who had lands or tenements within

the metes of the forest; (2) the reeve and four men from every township

within the metes; (3) all foresters and verderers, both those then in

office and those (or their heirs) who had held such office since the

last pleas of the forest; (4) all those persons who had been “attached”

since the last pleas; (5) all the regarders; (6) and all the agisters.

The sheriffs were at the same time directed to see that the foresters and

verderers brought with them all their attachments or attachment rolls

since the last pleas, and that the regarders brought with them their

regards duly sealed, and the agisters their agistments.

The proper interval between those forest eyres is supposed, from analogy

of eyres for pleas of the Crown and common pleas, to have been seven

years; but in practice, to the great inconvenience of all concerned,

considering the multiplicity of business, the intervals were usually much

longer, and almost wholly capricious. For example, Derbyshire affords

more than one instance of intervals exceeding thirty years; whilst

Pickering yields an instance of an interval of over fifty years, namely,

from 1280-1334.

Every three years a thorough inspection not only of the woods, but also

of every part of the forest, was expected to be made; this was termed

the _Regard_. The duty of the twelve or more knights, who were called

the Regarders, was to draw up answers to a long set of interrogatories

termed the Chapter, which covered almost every possible particular as to

the condition of the forest demesnes. But the most important function the

regarders discharged was as to the _assarts_, or enclosures of waste with

or without warrant, and to _purprestures_, or encroachments made by the

building of houses or the like. In practice the full formal regard, with

its complete roll of answers, was usually only made shortly before the

holding of each eyre, when the sheriff was ordered by the Crown to see to

the regard being duly performed.

The amount of business that had to be transacted at these eyres was very

considerable, and usually involved repeated adjournments. The work would

have been still greater if it had not been that a large number of the

delinquents were naturally dead before ever the court was held; and that

not a few of the former offenders, who had been released on bail, had

passed out of the jurisdiction of the sheriff, and could not be traced.

The proceedings of the court were, roughly speaking, divided into two

parts—the pleas of vert and the pleas of venison. In both cases the chief

object of the proceedings was the collection of fines and amercements

for breaches of the forest laws, which—contrary to the usual opinion—had

little, if any, trace of the old Norman severity. In fact, so far was

this from being the case, that if a man was determined to poach venison,

he met with far lighter punishment if the offence was committed in a

royal forest, than if he was dealt with by the common or manorial law for

a like offence in a private park. The first forest code (usually cited as

the Assize of Woodstock) was extant in the time of Henry II.; it records

the severities of his grandfather, when cruel mutilation and capital

punishment, irredeemable by any forfeiture, were among the ordinary

penalties; but all this disappeared in the thirteenth century.

The presence of the reeve and four men from each township was

strictly enforced; and the fines for total absence, or absence at the

opening of the court, of these and others who were summoned, were

rigorously exacted. The consideration of the _essoins_, or excuses for

non-attendance, was always the first business of the court. It was

also usual for juries from the different hundreds to be summoned; but

their duty, as well as that of the men from the townships, seems to have

been confined to attesting the truth of any statements affecting their

districts which might appear on the rolls, and to being amerced for

any particular neglect that might be brought to light. As to any jury

proper, at these pleas, for the purpose of pronouncing a verdict on the

delinquents, there is no trace; such decisions were left entirely in the

hands of the justices.

By article nine of the Forest Charter, a man might be imprisoned for a

year and a day; but in practice, so far as the eyre was concerned, a fine

seems to have been the invariable judgment of the justices. These fines

were so apportioned to the position and means of the delinquents, that

they could, as a rule, be readily paid; and there are various instances

in which, after being pronounced “in mercy,” they were excused payment on

the ground of poverty. The sheriff was ordered to arrest those who failed

to appear, and sentence of outlawry was at last pronounced, after the due

number of summons before the county court. The fines imposed on offending

foresters, verderers, or other forest ministers were rightly of a much

heavier character than those imposed on ordinary offenders.

With regard to the venison pleas, the chief forester was expected to

answer for all manner of venison delivered by warrant or otherwise since

the last eyre. Under these pleas also came all the presentments for

illegal or supposed illegal venison trespass of every kind, including

the receiving of venison illicitly killed, or the harbouring of known

offenders.

The vert pleas dealt with all the charges connected with damage to

timber or underwood, its felling, carrying off, unlawful sale, or

misappropriation, as well as the grant of “fee” or gift trees. The

question of vert is dealt with more in detail in the section on forest

trees.

In addition to the question of assarts and purprestures, another

important matter always brought before the forest eyre was the list of

claims or privileges by royal grant or charter, the majority of which

were usually held by the religious houses. Each case had to be duly

discussed and sanctioned, or refused, or curtailed, at each successive

eyre.

There was not a single forest wherein several monasteries had not

particular privileges conferred in early days, and in some they were

very numerous. Over the great stretch of Peak Forest, Derbyshire, the

abbeys of Basingwerk, Beauchief, Darley, Dernhall, Dieulacres, Leicester,

Lilleshall, Merivale, Roche, and Welbeck, together with the priories of

Kingsmead, Launde, and Lenton, all had rights. Such rights referred for

the most part to the felling of timber necessary for their churches and

buildings, or their farmsteads and fences, as well as to the collecting

of undergrowth or dead wood for fuel. The agistment of cattle at certain

seasons and the pannage of swine were granted from time to time; whilst

venison rights, more particularly in the shape of a tythe of the deer

killed, pertained to some few religious houses. The tythe of the wild

boars killed in Dean Forest went to the abbey of St. Peter’s, Gloucester,

and the tythe of the deer hunted in Pickering Lythe was the perquisite of

the abbey of St. Mary’s, York.

In addition to the forest pleas proper, certain special inquisitions as

to the condition of the forest and the charges against trespassers were

held by the local officials, but under the particular justice of the

forest or his deputy. Such inquisitions were probably caused, in the

first instance, by the infrequency of the eyres. By a tiresome confusion,

these courts of general inquisition in latter days are sometimes termed

swainmotes, though they differed as much from the real swainmote as from

the forest pleas.

The swainmote of later times, about which Manwood is somewhat mistaken,

as shown by Mr. Turner, was practically the same as the attachment

court. The two terms, “swainmote” and “attachment” (and occasionally

“woodmote”), are used interchangeably in later days in various local

proceedings of the same forest, of which full records remain—as, for

instance, in Sherwood, Windsor, Clarendon, and Duffield Frith. At one and

the same time in the fifteenth century, local courts of a like character

were being held in the forests of Windsor and Northants under the style

of swainmotes, in Lancashire and Sherwood as attachment courts, and in

Staffordshire and Derbyshire as woodmotes. These courts of attachment, if

regularly kept, as ordered by the Forest Charter, met every forty-two

days in each of the several bailiwicks or wards into which a forest was

divided, but on different days of the week. Thus, at Sherwood Forest

these courts were held at Linby, Calverton, Mansfield, and Edwinstowe on

Monday, Wednesday, Thursday, and Friday respectively in every sixth week;

though not infrequently they had to adjourn for lack of any business to

transact.

The true swainmote, according to Henry III.’s Charter, was only to be

held three times a year, namely, fifteen days before Midsummer, when

the agisters met to see to the observance of the fence month; fifteen

days before Michaelmas, when the agistment of the woods began; and at

Martinmas, when the agisters met to receive the pannage. But, as has been

remarked, the name swainmote (the court of the free-forest tenant of

Saxon origin) became in later times a usual _alias_ for the attachment

court.

The Attachment, or Forty-day Court, as it was sometimes termed, was so

called because its object was to receive the attachment of the foresters

or woodwards, and to enter them on the verderers’ rolls. The legal term

“attachment” (differing from “arrest,” which only applied to the body)

had a threefold operation in the forest as at common law; a man might be

attached by (1) his goods and chattels, or (2) by pledges and mainprize,

or (3) by his body. The usual proceeding was that if the foresters found

a man trespassing on the vert they might attach him by his body, and

cause him to find two pledges (or bail) to appear at the next attachment

court. On his appearance at that court he was mainprized (that is, set at

liberty under bail) until the next eyre of the justices. If offending for

a second time, four pledges were held necessary; if a third time, eight

pledges; and for a fourth time, imprisonment until the eyre.

If, however, a man was taken killing the deer or carrying them away—which

was called being taken with the manner, or _mainour_, an overt sign such

as blood on the hands or clothes—he could be attached at once by his

body, and imprisoned until delivered on bail by the king, or the justice

of the particular forest, to appear at the next eyre.

[Illustration: _PLATE III_

SHERWOOD ATTACHMENT ROLL (EDWARD II)]

Those who lived in the forest, and were taken in the king’s demesnes

cutting green wood or saplings, or even gathering dry wood from oaks,

hazels, or other trees, could be amerced in the attachment court, unless

the damage they had done was appraised at more than 4_d._, in which case

the delinquent was to be attached to answer for his offence at the next

eyre. Questions of the escape of cattle or sheep, and any breach of the

particular agistment pannage regulations for the swine, were also dealt

with by this court. When the trespasser was not a dweller in the forest,

the forester or woodward, even in a vert case, was expected to attach his

body and take him to prison (each forest had its own prison for forest

offences), from which he could be released only by the order of the king,

or the justice of the forest. In the matter of venison, these lesser

courts had not originally any jurisdiction; but in later times pledges

were often taken for the appearance of such trespassers at the eyre.

In addition to the general forest inquisition, there were also special

inquisitions dealing with venison trespasses held under the bailiff of

the forest in conjunction with the foresters and verderers. Several of

these are extant of the thirteenth century. One of the most interesting

rules of these special cases provided that if any beast of the forest was

found dead or wounded, an inquest was to be held by the four neighbouring

townships of the forest. The finder of the deer was to obtain pledges

for his subsequent appearance; the flesh was to be sent to the nearest

lazar-house, or given to the local sick and poor if there was not one

within reasonable distance; the head and skin were to be given to the

freeman of the township where it was found; and the arrow or other weapon

to the verderer, who had to keep it for production at the next eyre.

Inquests were also held by the four neighbouring townships in cases of

definite forest trespass; and the bows, arrows, or snares found upon a

trespasser had to be delivered to the verderer for future production.

Owing to such inquests being sometimes held at the same time as the

gathering of a swainmote, the rolls of these local courts, if carelessly

consulted, appear to be dealing with venison trespass when such was not

the case.

It must be remembered that these forest inquisitions were only necessary

when a beast of the forest was dead or wounded, or when an actual

trespass had been committed in the forest.

The forest pleas or eyres were usually held in the county town, but

occasionally those summoned had to appear in another county. This was

the case with the delinquents and officials of Duffield Frith; that

forest was in the honor of Tutbury, and the pleas were held at that

Staffordshire town. Now and again a special booth or tent was erected to

accommodate the justices, as was the case in part of Rockingham forest in

the sixteenth century.

The swainmotes sometimes assembled in the open air, but far oftener in

the respective lodges of the different wards, as in Needwood and Sherwood

forests. Charges for the repairs of the lodges are of frequent occurrence

in forest accounts. There was generally a central court-house or justice

seat where special inquisitions were held, with accommodation if required

for the keeper or chief forester, and with a chapel annexed, as in the

New Forest and the Forest of the Peak. There is a Lancashire instance of

a swainmote being held in a chapel.

The royal forests of England · 第 2 / 30 章