The courts of the forest were three in number, viz. the court of
attachments, swainmote and justice-seat. The court of attachments
(called also the wood-mote) is held every forty days for the foresters
to bring in their attachments concerning any hurt done to vert or
venison (_in viridi et venatione_) in the forest, and for the verderers
to receive and mark the same, but no conviction takes place. The
swainmote, held three times in the year, is the court to which all the
freeholders within the forest owe suit and service, and of which the
verderers are the judges. In this court all offences against the forest
laws may be tried, but no judgment or punishment follows. This is
reserved for the justice-seat, held every third year, to which the rolls
of offences presented at the court of attachment, and tried at the
swainmote, are presented by verderers. The justice-seat is the court of
the chief justice in eyre, who, says Coke, "is commonly a man of greater
dignity than knowledge of the laws of the forests; and therefore where
justice-seats are to be held some other persons whom the king shall
appoint are associated with him, who together are to determine _omnia
placita forestae_." There were two chief justices for the forests
_intra_ and _ultra Trentam_ respectively. The necessary officers of a
forest are a steward, verderers, foresters, regarders, agisters and
woodwards. The verderer was a judicial officer chosen in full county by
the freeholders in the same manner as the coroner. His office was to
view and receive the attachments of the foresters, and to mark them on
his rolls. A forester was "an officer sworn to preserve the vert and
venison in the forest, and to attend upon the wild beasts within his
bailiwick." The regarders were of the nature of visitors: their duty was
to make a regard (_visitatio nemorum_) every third year, to inquire of
all offences, and of the concealment of such offences by any officer of
the forest. The business of the agister was to look after the pasturage
of the forest, and to receive the payments for the same by persons
entitled to pasture their cattle in the forests. Both the pasturage and
the payment were called "agistment." The woodward was the officer who
had the care of the woods and vert and presented offences at the court
of attachment.
Public-domain text, read in full here on John Shaqi.
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