FOR 
The wood taken by view of the forefter, ought to be pre- 
fented at the next court of attachment, that it was by 
view, and may appear of record. 
The chief warden of the foreft is a great officer, next 
to the jufiices of the foreft, to bail and difeharge offen¬ 
ders; but he is no judicial officer; and the conftable of 
th’e caftle where a foreft is, by the foreft law is chief war¬ 
den of the foreft, as of Windfor caftle, &c. 
A verderor is a judicial officer of the foreft, chofen by 
the freeholders of the county, by the king’s writ : his of¬ 
fice is to oblerve and keep the affifes or laws of the fo- 
refts, and view, receive, and inroll, the attachments and 
prefentments of all (refpalfes of the foreft, of vert and 
venifon, and to do equal right and juftice to the peo¬ 
ple ; the verderors are the chief judges of the fwainmote 
court: although the chief warden, or his deputy, ufually 
fits there. 4 Injl. 292. 
The regarder is to make regard of the foreft, and to 
view and inquire of offences, concealments, defaults of 
forefters, &c. Before any juftice-feat is holder), the re¬ 
garded of the foreft muft 'make their regard, and go 
through and view the whole foreft. They are minifterial 
officers, conftituted by letters patent of the king, or cho¬ 
fen by writ to the fheriff. 4 Injl. 291. 
A forefter is a fwornofficer minifterial of the foreft, and 
is to watch over the vert and venifon, and to make at¬ 
tachments and true prefentments of all manner of tref- 
paffes done within the foreft : a forefter is alfo taken for 
a woodward : this officer is made by letters patent, and it 
is faid the office may be granted in fee, or for life. 4 Injl. 
293. Every forefter, when he is called at a court of juf¬ 
tice-feat, ought upon his knees to deliver his horn to the 
chief juftice in eyre; fo every woodward is in like man¬ 
ner to prefent his hatchet. A riding forefter is to lead 
the king in his hunting. 1 Jones 277. The office of fo¬ 
refter, though it be a fee Ample, cannot be granted or af- 
figned over without the king’s licence. 4 Injl. 316. If a 
forefter by patent for life, is made juftice of the fame fo¬ 
reft pm hac vice, the forefterftiip is become void ; for thefe 
offices are incompatible, as the forefter is under the cor¬ 
rection of the juftice, and he cannot judge himfelf. 1 Injl. 
3 1 3 * 
An agifter’s office is to attend upon the king’s woods 
and lands in a foreft, receive and take in cattle, &c. by 
agiftment, that is to depafture within the foreft, or to 
feed upon the pannage, See. This officer is alfo confti¬ 
tuted by letters patent. Perfons inhabiting in the foreft 
may have common of herbage for beafts commonable 
within the foreft; but by the foreft law, fbeep are not 
commonable there, becaufe they bite fo clofe that they 
deftroy the vert; and yet it has been held, that fheep may 
be commonable in forefts by prefeription. 3 Bvljl. 213. 
There may be a prefeription for common in a foreft at all 
time of the year; though it was formerly the opinion of 
the judges, that the fence-month fttould be excepted. 
3 Lev. 127. A foreft may be difafforefted and laid open ; 
but rig-lit of common fhall remain. Popk. 93. He that 
hath a grant of tl\e herbage or pannage of a foreft, can¬ 
not take any herbage or pannage, but of the furplufage 
over and above a competent and fufficient pafture and feed¬ 
ing for the game ; and if there be no furplufage, he that 
hath herbage and pannage cannot put in any beafts; if 
he doth, they may be driven out. Read on Stat. vol. 3, 305. 
None may gather nuts in the foreft without warrant. 
A ranger of a foreft is one wi.ofe bufinefs is to rechafe 
the wild beafts from the purlieus into the foreft, and to 
prefent offences within the purlieu, foreft, &x. And 
though he is not properly an officer in the foreft, yet he 
is a confiderable officer of and belonging to it. 
The beadle is a foreft officer, that warns all the courts 
of the foreft, and executes procefs, makes all proclama¬ 
tions, &o, 4/n/?. 313.—The keepers or bailiffs of forefts 
are fuburdinate to tlie verderors, &c. And thefe officers 
cannot be fworn on any inquefts or juries out of the fo¬ 
reft, If any man hunts beafts within a foreft, although 
E S T. 567 
they are not beafts of the foreft, he is puniffiable by 
the foreft laws; becaufe all hunting there, without war¬ 
rant, is unlawful. 4 Infl. 314. If a deer be hunted in a 
foreft, and afterwards by hunting it is driven out of the 
foreft, and the forefter follows the chafe, and the owner 
of the ground where driven kills the deer there ; yet the 
forefter may enter into the lands and retake the deer : for 
property in the deer is in this cafe by purfuit. 2 Leon. 201. 
Every lord of parliament, fent for by the king, may, in 
coming and returning, kill a deer in the king’s foreft or 
chafe through which he pafles ; 1 ut it muft not be done 
priyil'y, without the view of the forefter, if prefentor, 
if abfent, by caufingone to blow a born ; becaufe other- 
wife he may be a trefpaffer, and feem to fteal the deer. 
4 Injl. 308. 
LexJ'oreJla is a private law, and muft be pleaded. 2 Leon. 
209. But it hath been obferved, that the laws of the fo¬ 
reft are eftabliflied by aft of parliament, and for the moft 
part contained in Charta de Forejla. 9 Henry III. ft. 2. c. 2. 
34 Edw. I. ft. 3. By the law of the foreft, receivers or 
trefpaffers in hunting or killing deer, knowing them to 
be fuch, or any of the king’s venifon, are principal tref- 
paffers; though the trefpafs was not done to their life or 
benefit, as the common-law requires; by which the fub- 
fequent agreement amounts to a commandment: but if 
the receipt be out of the bounds of the foreft, they cannot 
be punifhed by the laws of the foreft, being not within 
foreft jurifdiftion, which is local. 4 Injl. 317. 
If a trefpafs be done in a foreft, and the trefpaffer dies, 
it ftiall be punifhed after his death in the life-time of the 
heir, contrary to the common-law. Hue and cry may be 
made by the foreft law for trefpafs, as to venifon ; though 
it cannot be purfued but only within the bounds of the 
foreft. 4 Injl. 294, And for not purfuing hue and cry in 
the foreft, a townthip may be fined and amerced. In 
every trefpafs and offence of the foreft in vert or venifon, 
the puniftiment is, to be imprifoned, runfomed, and 
bound to the good behaviour of the foreft, which muft 
be executed by a judicial fentence by the lord chief juf¬ 
tice in eyre of the foreft. If any forefter find any perfon 
hunting without warrant, he is to arreft his body, and 
carry him to prifon, from whence he ftiall not be deli¬ 
vered without fpecial warrant from the king, or his jul- 
tices of the foreft, &c. But by 1 Edw. III. c. 8, perfons 
are bailable if not taken in the manner, as with a bow 
ready to ftioot, carrying away deer killed, or fmeared 
with blood, &c. Though if one be not thus taken, lie 
may be attached by his goods. 4. Injl. 289. 
The warden of the foreft ftiall let fuch to mainprife 
until the eyre of the foreft ; or a writ may be had out of 
the chancery to oblige him to do it; and if he refufe to 
deliver the party, a writ ftiall go to the fheriff to attach 
the warden, &c. who (hall pay treble damages to the 
parry grieved, or be committed to prifon. 1 Edw. III. c. 8. 
No officer of the foreft may take or imprifon any perfon 
without due indiftment, or per main ouvre, with his hand 
at the work; nor ftiall conftrftn any to make obligation 
againft the affile of the foreft, on pain to pay double da¬ 
mages, and to be ranfomed at the king’s will. 7 Rich. II, 
c. 4. 
A forefter ftiall not be queftioned for killing a trefpaf¬ 
fer, who (after the peace cried unto him) will not yield 
himfelf; fo as it be not done out of fome former malice. 
21 Edw. I. ft. 1. But if trefpaffers in a foreft kill a man 
who oppofes them, although they bore no malice to the 
perlon killed, it is murder; becaufe they were upon an 
unlawful aft, and therefore malice is implied. Rol. Abr . 
548. And if murder be committed by fuch trefpaffers, 
all are principals. Kel. 87. 
If a man comes into a foreft in the night-time, the fo¬ 
refter cannot juftify beating him before he makes refin¬ 
ance; but if he refills, he may juftify the battery. Per- 
fons may be ffiied for concealing the killing of deer by 
others; and lo for carrying a gun, with an intent to kill 
the deerj and he that fteals venifon in the foreft, and 
carries 
