Forest Law- the courts

Royal Forests in medieval times  were overseen and administered by keepers who were appointed by the monarch and also by justices who applied Forest Law. There were two justices- one for the forests north of the River Trent and one for the forests south of the river. The laws that applied in the king’s woods were different to the common law applied elsewhere in the kingdom. The laws in the forest were what the king decided that they should be.

The laws were essentially to protect the animals that lived in these areas under forest law – and they weren’t all wooded – heaths and moors were also encompassed by forest law. The laws also prevented things like fencing and hedging which would have hampered the king from hunting. Eventually an accommodation of some kind was established for the people who lived in areas designated Royal Forest leading to commoners rights. These were documented in 1215 with Magna Carta when King John found himself at odds with his barons. The Charter of the Forest was signed in November 1217.

Woodmote – this is more properly a court of attachment. It was held every forty days. The judges were the wardens/keepers and their deputies and sometimes verderers. This court decided whether the people charged with breaking forest law should go to a higher court – the swainmote.

Swainmote – this court met three times a year. It tried cases where people had broken the rules about putting fields int he forest or grazing their livestock at times and in quantities that they shouldn’t. The swain element was the jury of freemen that sat once a year before the Feast of St John the Baptist.

Court of Regard – every three years officials called retarders checked that dogs living in the area under forest law had been declawed. This declaring is often called “lawing.” Regarders also dealt with instances of trespass.

The Eyre Essentially an eyre is a circuit court presided over by the king’s justices. It was held approximately once every five years after a notice of forty days was given.

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