( 337 ) 



the arbitrary conduct of foreft officers, or by delay of 

 juftice. 



It appears from the collection of ftatutes of uncertain 

 times, attributed to the reigns of Henry the third, or his 

 fon, or grandfon, that perfons attached for offences 

 againft the vert were to be attached by pledges only for 

 the three firft offences ; but after a third offence a man 

 might "'be attached by his body. If taken in the act of 

 cutting down an oak a third time, an offender might alfo 

 be attached by his body, tho for the fame offence twice 

 before committed he was to be attached by pledges only. 

 This certainly was not a very fevere law againft a 

 manifeft theft. A perfon who took in a foreft, without 

 warrant, a beaft of the foreft, might be arrefted, and 

 could be bailed only by the writ of the king or hi* 

 juftices, which is not more fevere than the modern law 

 againft deer-ftealers. Thefe regulations feem to have 

 belonged to the reign of Henry the third. 



In the firft of Edward the third, an act was paflfed 

 which recited the ftatute of the 34th of Edward I. re- 

 gulating indictments for trefpaflcs in the forefts, and 

 provided that thenceforth no man mould be taken or 

 imprifoned for vert or venifon, unlefs taken with the 

 mainour, or indicted according to the act of Edward the 

 firft ; and then the chief warden of the foreft mould let 

 him to mainprife till the eyre of the foreft, without 

 taking any thing for his deliverance ; and if the warden 

 would not do fo, the prifoner mould have a writ out of 

 the chancery, which had been in old time ordained for per- 

 fons fo charged) to be at mainprife till the eyre ; and 

 if the warden, after receiving the writ, mould not im- 

 mediately bail the prifoner, the prifoner mould have a 

 writ out of the chancery to the meriff to attach the warden 

 to anfwer in the king's bench for his refufal , and the 



TOL, u. z meriff, 



