that inhabited Britain in his day, as well as an inventory of the small arms then in common use. Any subject who dwelt at a distance of two furlongs from a town might keep the weapons enumerated, and so might all those who lived within five miles of the sea coast; and the last-mentioned were further privileged to shoot “at any wild beast or fowl, save only deer, heron, shovelard, fesant, partridge, wild swan, or wild elke.” The keenest sportsman would have some difficulty to come up with shovelards (pelicans), wild swans, or wild elks in these latter days; and from the prohibition just quoted we may conclude that they were getting scarce in King Harry’s time. The “handgun,” remote progenitor of our Enfield and Whitworth rifles, appears to have had to fight its way through several enactments against its use. Edward VI. decreed that no one under the degree of a baron should shoot with a handgun in any city or town, at any fowl or with any hailshot, in pain of a fine of 10l. and three months’ imprisonment, with the exception of those persons privileged to shoot by Henry IV., who were not to be restricted, provided they forbore to use the objectionable hailshot. Bow staves and arrows, on the contrary, enjoyed royal patronage from very remote times. Henry IV. directed that arrow-heads should be well brazed and hardened at the points with steel, and that arrow makers failing to comply with this condition should forfeit their arrows, be thrown into prison, and be fined at his royal pleasure. Edward IV. enacted that every merchant-stranger should bring into the realm four bow-staves for every ton of merchandise, and specified that they should be brought from any place whence bow-staves had been formerly imported—thus marking a still earlier conformity with this practice. Richard III. decreed that ten bow-staves should be imported into his kingdom with every “but of Malmsey or Tyre, on pain of 13s. 4d. for every tun;” and Queen Elizabeth also dealt with this subject. She confirmed the statute of Edward IV., just mentioned, and made it especially binding upon merchants coming from the East parts, and from the twenty Hanse towns; and further enacted that every bowyer dwelling in London, or in the suburbs, should keep always ready fifty well-made bows of elm, witch hazel, or ash, on pain of a fine of 10s. for every bow failing that number—which penalty was to be divided between the queen and the prosecutor, who was to be either an armourer, fletcher, or bow-string maker. She also fixed a graduated scale of prices. A bow of the best sort, made of “outlandish elm,” was to be sold for 6s. 8d.; of the second sort for 3s. 4d.; of the commonest kind for 2s. A bow of English elm was not to be charged more than 2s. under penalty of a 40s. fine. These regulations are all given in the abstracts of the statutes in force in the reign of Charles II.
The early charters relating to forests, chases, parks, and warrens are as enjoyable as a portfolio of sylvan sketches: the perusal of the different clauses opens out glade after glade, mellow with green and gold, purple and rich brown tints. Forest laws made by Henry III. held good after the Restoration.
“A peer of the realm, being sent for by the king, in coming and returning, may kill a deer or two in the forest through which he passeth: howbeit it must not be done privily, but by the view of the Forester, if present; but if absent, by causing one to blow a horn for him, lest he seem to steal the deer.”
The ring of the horses’ hoofs, the echo of the horn, the rustle of the brushwood, the shouts of the cavalcade break on the ear as we read. If any one caught a stray hawk he was to give it up to the sheriff, who would make proclamation in “the good towns” of the county, and so ascertain her rightful owner; if, however, no owner was found within four months, the hawk was to be restored to the person who found it, if he happened to be “a man of estate who might conveniently keep a hawk;” but if the finder was a “mean man,” the sheriff was to retain the hawk, and make him some compensation for it. No one was to conceal a hawk: if they did so, they were to pay the value of it, and suffer two years’ imprisonment; and if they were not able to pay the price of the hawk, they were to be detained in prison a longer time. Every freeman was to have his honey that was found in the forest, also his “ayries of hawks, eagles, and herons.” The ministers of the forests have entailed among our surnames a great many variations of the terms of their respective offices. Forester, or, as it is frequently written, Foster, Parker, Warrener, and Ranger, are every day names with us: with Verdor, Regardor, Surcharger, and Agistor, we are scarcely so familiar. In these old times they had peculiar privileges, which we may congratulate ourselves are not also entailed upon this generation of their descendants.
“A forester, marker, or warrener shall not be questioned for killing a trespasser, who (after the peace cried unto him) will not yield himself, so that it be not done out of some other former malice.”
These and other difficulties, such as trespass of greenhue (everything growing green in the forest) and hunting, were settled at the Swainmote, or Swanimote—a court held three times a year by the Verderours, or forest judges, for the determination of such matters. The denseness of the forests, their extent, and their spotted herds, would cause them to be regarded as excellent covers by many lawless persons besides Robin Hood and his merry men. Hence a certain stringency was doubtless requisite. This consideration may have contributed to the abhorrence in which gipsies were held. Henry VI. decreed that if any persons calling themselves Egyptians came into his realm they should forfeit all their goods, and be thrown into prison if they did not depart immediately they were commanded to do so. Philip and Mary took additional precautions to prevent the landing of the swarthy strangers:
“None shall transport any lewd people who call themselves Egyptians into this realm or Wales, in pain of 40l. And it shall be felony (without clergy) for them to remain above a month in England or Wales.”
Elizabeth supplemented these regulations with additional severities, declaring that if any subject of hers consorted with Egyptians for the space of a month he should be adjudged a felon, without clergy.
