764 p 2d 1316

Supreme Court of New Mexico.

764 p 2d 1316

Chippenham and Melksham, p. Clarendon and Melchet, p. List of Forest Eyres, p. Wardens of the Forests, p. Introduction Origins By the 13th century the forest law was administered in four royal forests fn. Two of the forests in each part of the county were administered jointly: Chippenham with Melksham, and Clarendon with Melchet.

The bounds of these forests included arable, meadow, pasture, and even villages as well as the woodland, and the lands and woods of subjects as well as royal demesne.

The royal forests were certainly established in regions where clearing and cultivation had made comparatively slow progress because of the unfavourable terrain. Whereas the royal forests of Braydon, Chippenham and Melksham, and Selwood in Somerset lay mainly upon the Oxford Clay Vale, the distinct Forest of Selwood in Wiltshire was established mainly upon the Upper Greensand to the east of it; this was less densely covered in early times with 'dry oak' and birchwood.

There were 23 swineherds in Chippenham, fn.

764 p 2d 1316

The tenants of South Newton had pannage for 80 pigs in Melchet Wood, fn. Fallow deer were taken in large numbers in the 13th century.

The Anglo-Saxon kings enjoyed hunting in their Wiltshire demesnes, and there were officers responsible for the royal sport. Domesday records that Edward the Confessor gave his huntsman Wulfgeat a hide in the royal manor of Chippenham, fn. But the preConquest kings of England do not seem to have exercised hunting rights beyond those enjoyed by any other landowner in his own demesne.

Forest amercements were declared to be 'unlawful'—i. The Norman forests were certainly created 764 p 2d 1316 well-wooded and sparsely populated parts of Wiltshire where there were extensive royal demesnes. What later became the Forest of Clarendon was in existence as an extension of the New Forest.

Domesday shows also that the forest administration was in existence byat least in embryonic form. The royal Forest of Grovely, where the king's foresters held a hide and a half, fn. Some of the Conqueror's huntsmen appear to have been the ancestors of hereditary forest wardens who can be traced from the 12th century onwards.

Richard 'Sturmid', for example, was almost certainly the ancestor of the Esturmys who kept Savernake by hereditary right until the 15th century. Between and the forest justices visited Wiltshire five times, and between and four times, at intervals of three to five years.

From until there were five forest eyres: Its work was now done by justices of the forests holding special inquisitions de statu foreste, generally each year.

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Infor example, Sir John Ratcliffe and his colleagues held a 'forest eyre' at Salisbury for Clarendon and Melchet, fn. Matthew Croke had to pay 40 marks fn. Fines in fact varied according to the means of the offender rather than the gravity of the offence, and the justices were disposed to be lenient with poor men.

Trial by battle at the forest eyre was obsolescent in the reign of Henry II; in —8 Ailric of Studley, accused by the Warden of Chippenham Forest of cutting oaks at night time, purchased remission of this procedure by a fine of 40 marks.

764 p 2d 1316

At Chippenham in 12 'good and free men dwelling within the forest bounds' and 12 others dwelling outside the forest were impanelled, fn. At the latter session sworn testimony was given before the deputy justice by the deputy warden of Chippenham and Melksham Forests, and by 3 foresters, 2 verderers, 12 regarders, and the jury.

A certain Richard Rousman of Bereholt, 'lately a forester', was presented for having killed 2 does at Blackmore, a soar in 'le Frith', fn.

The holding of the regard was of course an important procedure preparatory to the forest eyre. In the 13th and 14th centuries six separate regards were held in Wiltshire, each by 12 regarders, i.

Offenders were amerced by the justices for assart and purpresture, the land ordered to be seized for the king, and the enclosures to be thrown down. But the main purpose of the regard by the 13th century was to raise revenue; the land was usually handed back to the offenders or others on payment of a fine and an annual rent thereafter.

Such records of the local forest courts as survive show that the provisions of the Charter of the Forests of fn. Swanimotes were held in Clarendon Forest in —2 at the times ordained by the charter, namely on 10 June, 15 September, and 11 November, but these meetings appear to have been more than mere gatherings of the officers of the forest for the purposes of agistment.

There is, indeed, no mention of agistment, and presentments of forest offences were made by the foresters, verderers, a jury, and representatives of the forest vills of Laverstock, Alderbury, and Pitton. Offenders were attached to appear at the next forest eyre for such trespasses as entering Clarendon Park at night to steal the king's sparrowhawks, and for obstructing the highway with a hedge and ditch.

The sessions were held just after Martinmas, the time of the November swanimote, or in July. Only one meeting is recorded for each year exceptwhen there were two. The Warden of Savernake and a verderer presided, and presentments were made by the deputy warden, foresters in fee, underforesters, woodwards, the twelve regarders, the agister, and four men and the reeve from each of the forest vills of Manton, Preshute, Elcot, fn.Id.

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