Page:The Green Bag (1889–1914), Volume 14.pdf/122

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Editorial Department.

selection from the records of the actual pro ceedings of the courts of the forest in the thirteenth century; and the only way to show what interest and value attach to such a book is to give extracts. Let us begin with a few entries, dated 1209, indicating in a general way the nature of the restrictions imposed by the forest laws and the consequent excitements and inconveniences of life in or near a forest : — .' Let the land of Peter Tanet, to wit, the six acres which he had of the chaplain of Ufford, be seized into the king's hands. "The same Peter and Richard Gerewold are to be exacted. They were seen in the forest with bows and arrows within an enclosure. They had no chattels. And the sheriff is ordered that he exact them according to the assize in the county; and if they do not come, let them be outlawed. ""Robert of Ufford, clerk, and his whole township are in mercy [i.e. amerced] for the flight of the aforesaid Peter and Richard. ... "William the son of Simon of Barton is de livered into custody, because it was proved that falsely and through hatred he imputed to Stephen de Pin, clerk, that he had feasted upon two fawns, wherefor he will answer with his chattels at Barnack." (Page 2.) Here is an episode, also dated 1209, showing that as to one Henry the court had such doubts and charitable impulses as probably will be approved by the modern reader : — "The whole township of Newton is in i»ercy for the flight of Richard Gelee, their reaper, who was accused of a buck shot in the short wood of Nassington, for which Henry the son of Benselin of Newton was taken. "The foresters found in the wood of Nassing ton a doe with its throat cut, and hard by they found Henry the son of Benselin lying under a certain bush. And they took him and put him in prision. He comes before the justices and denies that he ever knew anything of that doe, except only that he went into that wood to seek his horse. The foresters took him and led him to that doe. The foresters and verderers, being asked if he were guilty thereof or not, say that they do not think that he was guilty, but they believe rather that Richard Gelee, the reaper of Newton is guilty thereof, because he

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fled as soon as he heard that the aforesaid Henry was taken. And because Henry himself has taken the cross, and is not suspected, and has lain for a long time in prison, it is granted to him that he may make his pilgrimage; and let him start before Whitsunday; and if he re turn, and can find pledges of his fealty, let him remain in the forest." (Page 3.) Here is another episode, also dated 1209, illustrating the throwing of responsibilty by one person upon another, in a way suggesting, as the extract itself says, an ancient vouching to warranty : — "Thomas Inkel, forester of Cliffe, found in the wood of Siberton a certain place wet with blood, and he traced the blood in the snow as far as the house of Ralph Red of Siberton; and forth with he sent for the verderers and good men. They searched his house, and in it they found the flesh of a certain doe; and they took Ralph himself and put him in prison at Northampton, where he died. But before his death, when he was in prison, he appealed Robert Sturdi of Siberton and Roger Tock of the same town, be cause they were evil doers to the forest together with him. And the foresters and verderers searched the house of the aforesaid Robert, and in it found the bones of deer; and they took him and sent him to prison. And in the house of Roger Tock they found ears and bones of wild beasts. And he was taken and imprisoned. Robert Sturdi comes before the justices and says that the dogs of Walter of Preston used to be kenneled at his house. Walter's hunters ate the venison whence came the bones; and Robert vouches the aforesaid Walter to warranty of this; and let him have him to-morrow. Walter [who doubtless had a royal warrant to hunt in the forest] comes and warrants him, saying that his dogs were kenneled in his house for fifteen days while he was hunting bucks. "The aforesaid Roger Tock comes before the justices and denies everything. And the verderers and foresters witness that the ears and bones found in his house were those of beasts which the hunters of Walter of Preston took. And because Roger lay for a long time in prison, so that he is nearly dead, it is adjudged that he go quit; and let him dwell outside the forest." (Pages 3-4.) That last touch of mercy, because Roger