Page:Ruffhead - The Statutes at Large, 1763.djvu/59

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A.D. 1225.
Anno nono Henerici III.
C. 9–12
13

and at this Swanimote shall meet our Foresters, Vierders, and none other, by distress. (4) Moreover, every forty days through the year our Foresters and Vierders 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. (5) And the said Swanimotes shall not be kept but within the Counties in which they have used to be kept.[1]

  1. 4 Inst. 289 & 313, 316.


CAP. IX.
Who may take Agestment and Pawnage in Forests.

Every Freeman may agest his own Wood within our Forest at his pleasure, and shall take his Pawnage. (2) Also we do grant, that every Freeman may drive his Swine freely without Impediment through our demesne Woods, for to agest them in their own Woods, or else where they will. (3) 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.


CAP. X.
The Punishment for killing the King's Deer.


No man from henceforth shall lose either Life or Member for killing of our Deer: (2) 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; (3) and if he have nothing to lose, he shall be imprisoned a Year and a Day: [1] [2](4) and after the Year and Day expired, if he can find sufficient sureties, he shall be delivered; and if not he shall abjure the Realm of England.

Altered by 1 Ed. 3. stat. 1. c. 8.  1 Hen. 7. c. 6.  4 Hen. 7. c. 7.[3]

Add 3 Ed. 1. c. 20. and 7 R. 2. c. 4. which likewise alter this Chapter.

  1. Regist. 80.
  2. 4 Inst. 313
  3. Read c. 6.


CAP. XI.
A Nobleman may kill a Deer in the Forest.

[1] 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 an horn for him, that he seem not to steal our Deer; and likewise they shall do returning from us, as it is afore said.

  1. 4 Inst. 309.


CAP. XII.
How a 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, Marl-pits, Dikes, or earable ground, without inclosing that earable ground[1], that it be not to the Annoyance of any of his neighbours.

CAP.

  1. For without inclosing that earable ground, read without the covert.