IV.: Forest Courts.

The judicial side of the forest system was developed in a manner equally elaborate. Three sets of tribunals must be distinguished: (1) The Court of Attachments (or “view of attachments”) was a petty tribunal, the chief duty of which was the taking of evidence to be laid in due course before a higher court. Exceptionally, however, it had power to inflict fines for small trespasses against the “vert”—namely, for acts of waste not exceeding the value of fourpence. It met once in every forty days, which seems in practice to have been interpreted as once every six weeks, the meetings being always held on the same day of the week. (2) Courts of Inquisitions. When a serious trespass was discovered, a special court was, in early days, immediately summoned. The foresters and verderers conducted the inquiry, but it was their right and duty to assemble the men of the neighbouring townships to help them. In strictness, all inhabitants might be compelled to attend. In practice, it was sufficient if four men and the reeve represented each of the four adjoining villages. Whenever a “beast” was found dead in the forest, twenty men had thus to assemble, to the neglect of their own affairs. In one district at least (Somerton) the definition of beasts of the chase extended to the ordinary hare; and we read how four townships sat in solemn judgment, and found “that the said hare died of murrain, and that they know of nothing else except misadventure,” and how, this verdict not giving satisfaction, the townships were fined on the pretext that they were not fully represented. The real offence was their failure to disclose the culprit. Some alleviation of the burden was effected when, at some date posterior to 1215, special inquisitions were superseded by one general inquisition, held at regular intervals (usually every six weeks), to cover all trespasses committed during the interval. These courts of inquiry (whether special or general) only “kept” pleas without “trying” them—that is to say, they received and recorded accusations, while judgment was reserved for the justices. (3) Courts of the forest justices in eyre. As the smaller courts, in the normal case, received verdicts and reports, without punishing the offences reported, it is evident that the whole system ultimately depended on the justices. Their eyres, however, were held at wide intervals—apparently once every seven years during the reign of Henry III. A full attendance of forest officials and of the public was summoned to meet them. The evidence, stored up as a result of the work of the smaller courts, supplemented by the Rolls of the Regard, was laid before the justices, who summarily judged “pleas of the vert,” and “of the venison.” These eyres came to be known as “Courts of Justice Seat,” but not until long after the reign of John. No juries were present; the justices punished offenders already convicted by juries at a lower court.

In addition, there should be mentioned two other kinds of assemblies which performed duties administrative rather than judicial, as these terms are now understood. (4) The regard, held once every three years—not by Crown officials, but by what was practically a jury of local knights—has already been referred to. These tours of inspection, sometime known as visitationes nemorum, and sometimes even as “views of expeditation,” were of great practical importance. The resulting report was placed before the justices of eyre as evidence of forest trespasses. (5) Three times every year, meetings, known from an early date as “Swanimotes,” were held to regulate the pasturing of swine and cattle within the royal woods. A fortnight before Michaelmas, the agistors met the foresters and verderers to provide for the agisting of the King’s woods, a process that lasted for thirty days—fifteen before and fifteen after Michaelmas. At Martinmas the agistors collected the pannage in presence of the same officials. A third meeting was held in June to make arrangements for excluding cattle from the King’s woods when the deer were fawning, but at this the presence of the agistors were not required.

The Carta de Foresta applies to these assemblies, and to none other, the name “Swanimotes”—a word whose correct use has been the subject of much discussion. Its authoritative appearance in 1217 affords strong evidence of the original sense which it bore. In later days, however, it was more loosely used, being applied to inquisitions and also to courts of attachment. This has led to much confusion, while its derivation has also been the subject of discussion. Bishop Stubbs derived it from “swain,” on the supposition that courts so called were resorted to by swains or country people. As matter of fact (whatever doctrine may be correct philologically), these assemblies were connected, not with “swains,” but with “swine.” The peasantry were specially exempted; whereas all three meetings sought to regulate the entry or exclusion of pigs from the woods.