ABSTRACT
In the two preceding chapters we have considered the several courts, whose jurisdiction is public and general; and which are so contrived that some or other of them may administer redress to every possible injury that can arise in the kingdom at large. There yet remain certain others, whose jurisdiction is private and special, confined to particular spots, or instituted only to redress particular injuries. These are,
1. The forest courts, instituted for the government of the king’s forest in different parts of the kingdom, and for the punishment of all injuries done to the king’s deer or venison, to the vert or greenswerd, and to the covert in which such deer are lodged. These are the courts of attachments, of regard, of sweinmote, and of justice-seat. The court of attachments, woodmote, or forty days court, is to be held before the verderors of the forest once in every forty days;a and is instituted to inquire into all offenders against vert and venison:b who may be attached by their bodies, if taken with the mainour (or mainoeuvre, a manu), that is, in the very act of killing venison or stealing wood, or preparing so to do, or by fresh and immediate pursuit after the act is done,c else, they must be attached by their goods. And in this forty days court of the foresters or keepers are to bring in their attachments, or presentments de viridi et venatione;* and the verderors are to receive the same, and to enroll them, and to certify them under their seals to the court of justice-seat, or sweinmoted for this court can only inquire of, but not convict offenders. 2. The court of regard, or survey of dogs, is to be held every third year for the lawing or expeditation of mastiffs, which is done by cutting off the claws and ball (or pelote) of the forefeet, to prevent them running after deer.e No other dogs but mastiffs are to be thus lawed or expeditated, for none others were permitted to be kept within the precincts of the forest; it being supposed that the keeping of these, and these only, was necessary for the defence of a man’s house.f 3. The court of sweinmote is to be held before the verderors, as judges, by the steward of the sweinmote thrice in every year,g the sweins or freeholders within the forest
[ 73 ]
composing the jury. The principal jurisdiction of this court is, first to inquire into the oppressions and grievances committed by the offices of the forest; ‘de super-oneratione forestariorum, et aliorum ministrorum forestae; et de eorum oppressionibus populo regis illatis’:* and, secondly, to receive and try presentments certified from the court of attachments against offences in vert and venison.h And this court may not only inquire, but convict also, which conviction shall be certified to the court of justice-seat under the seals of the jury; for this court cannot proceed to judgment.i But the principal court is, 4. The court of justice-seat, which is held before the chief justice in eyre, or chief itinerant judge, capitalis justitiarius in itinere, or his deputy; to hear and determine all trespasses within the forest, and all claims of franchises, liberties, and privileges, and all pleas and causes whatsoever therein arising.k It may also proceed to try presentments in the inferior courts of the forests, and to give judgment upon conviction of the sweinmote. And the chief justice may therefore after presentment made or indictment found, but not before,l issue his warrant to the officers of the forest to apprehend the offenders. It may be held every third year; and forty days notice ought to be given of its sitting. This court may fine and imprison for offences within the forest,m it being a court of record: and therefore a writ of error lies from hence to the court of king’s bench, to rectify and redress any maladministrations of justice,n or the chief justice in eyre may adjourn any matter of law into the court of the king’s bench.o These justices in eyre were instituted by king Henry II., A.D. 1184;p and their courts were formerly very regularly held: but the last court of justice-seat of any note was that held in the reign of Charles I., before the earl of Holland; the rigorous proceedings at which are reported by Sir William Jones. After the restoration another was held, pro forma only, before the earl of Oxford;q but since the era of the revolution of 1688, the forest laws have fallen in total disuse, to the great advantage of the subject.
