III.: Forest officials.

The local magistrates who administered the rest of England were excluded from the forests by a separate set of officials. At the head of this special organization was placed, in early times, the Forest Justiciar (called the chief forester in chapter 16 of the Carta de Foresta), whose duties were divided in the year 1238, after which there were two provinces separated by the river Trent. His appointment was permanent, and his duties, which continued between the eyres, were administrative rather than judicial. He had discretionary authority to release trespassers imprisoned for offences against the forest law. Under his general supervision each forest, or group of forests, was governed by a separate warden, aided by a number of petty officials known as foresters, whose duties were analogous to those of a modern gamekeeper, but with magisterial powers in addition. Wardens were of two classes—“the one appointed by letters patent under the great seal, holding office during the King’s pleasure; the other hereditary wardens.” There was situated in or near each forest of any extent a royal residence which, in the Middle Ages, naturally took the form of a stronghold. It was convenient that the office of warden should be combined with that of constable of this neighbouring castle. “The wardens were the executive officers of the King in his forests. Writs relating to the administration of forest business, as well as to the delivery of presents of venison and wood, were in general addressed to them.”

The office was one of authority and profit, usually paid in kind rather than by a salary. The warden often held a fief by a tenure connected with the service, and enjoyed rights and perquisites always of a valuable nature, though varying with each forest. These were sufficient to provide him with an income adequate to his position, and to allow him to find the wages of his under–keepers, who ought thus to have been paid officials. Such was the theory; as matter of fact, the foresters, instead of receiving wages, paid large sums to the warden, and recouped themselves by extortions from the dwellers in their bailiwicks. These unpaid foresters were expressively said to “live upon the country.” They may be classified in various ways, as, into riding and walking foresters, or into foresters nominated by the wardens, and foresters in fee. These last had vested interests which the Forest Charter was careful to respect; as, where chapter 14 reserved to them the right to take “chiminage,” or way–leave, denied to other types of foresters. They might still enjoy, but not abuse, the “vested rights” reserved to them.

With these professional gamekeepers there co–operated, in later times at least, several groups of unpaid magistrates appointed from the knights and freeholders of the district. Of these honorary officials, whose original function was to supply supplementary machinery for protecting the rights of the Crown, but whose position as county gentleman, with a stake in the district, led them also to act to some extent as arbitrators between the King and outside parties, there were three recognized kinds. (a) Towards the close of the twelfth century officers known as verderers (usually four for each forest) become prominent. They appear in the Carta de Foresta of 1217, but had not been mentioned in the Assize of Woodstock of 1184. It is probable that the office was devised in the interval as a check on the warden’s power; just as the office of coroner had been instituted in the reign of Richard as a drag on the sheriff. In other important respects the duties of the verderers within the forests resembled those of coroners within the rest of the county. They were not royal employees, but local landowners whose unpaid magisterial services were required only on special occasions. They were responsible directly to the King, not to the warden; and were appointed in the county court, their “election” taking place in accordance with the terms of the writ “de viredario eligendo.” They attended the forest courts and swanimotes, and it appears from chapter 16 of Henry’s forest charter that it was their duty to bring before the Justices in Eyre lists of all offenders indicted in the lower courts. These “rolls of attachment” were certified by their seals. (b) The Regarders were twelve knights appointed in each forest county to make tours of inspection every third year, finding answers to a series of questions known as the “Chapters of the Regard.” In this way they reviewed the Crown’s interests alike in “the venison and the vert” (the technical names for game and growing timber respectively), and reported upon all encroachments: upon hawks and falcons, bows and arrows, greyhounds and mastiffs (with special reference to “expeditation” or cutting of their claws), and generally upon everything owned by private individuals likely to harm the beasts of the forest. (c) The Agistors are mentioned in the same clause of the Assize of Woodstock which mentions the Regarders. Four knights were appointed to protect the King’s interests in all matters connected with the pasturing of swine or cattle within the royal woods. For thirty days at Michaelmas, pigs were turned loose to feed on acorns and beech mast, on payment by their owners of a small fixed sum per head. The four knights were required to take note of sums thus due, known as “pannage,” and to collect them at Martinmas.

Mention ought, perhaps, to be made of the private foresters also, whom owners of woods within the forests were obliged to appoint. These “wood wards,” as they were sometimes called, while paid for by the owner of the wood, were expected to protect the King’s interests. In particular, they must prevent trees from being destroyed or wasted: these formed shelter for the game.