; that there were besides many other offences committed, such as
intercommuning of foreigners, surcharges of commoners, trespasses in the
fence month and winter haining, and in the enclosures; keeping hogs,
sheep, goats, and geese, being uncommonable animals, in the Forest;
cutting and burning the nether vert, furze, and fern; gathering and
taking away the crabs, acorns, and mast; and other purprestures and
offences; carrying away such timber trees as were covertly cut down in
the night time; by which practices several hundred fine oaks were yearly
destroyed, and the growth of others prevented; and that it was feared
that some of the inferior officers of the Forest, finding offenders to go
on with impunity, were not only grown negligent, but also connived at, if
not partook in, the spoil daily committed."
To remedy this bad state of things, Mr. Bond proposed that a new law
should be passed, explanatory of the Act of 1668, by enforcing the Forest
officers to do their duty, and by superseding the odious, because
unlimited and arbitrary, proceedings of the former Chief Justices in Eyre
by a jury, and convictions before the verderers at their Swainmote Court,
with a power lodged in those officers to fine, under a certain sum, all
offenders. The Surveyor-General of the Crown Woods had the above
proposal submitted to his consideration, and was directed to attend the
Attorney and Solicitor-General, Sir John Willis and Sir Dudley Ryder, to
take their opinion thereon, which was, that "the offences were chiefly
owing to the neglect of putting the Stat. 20th Charles II. in execution;
and they recommended, therefore, that the several vacant offices of the
Forest should be filled up, that the Forest Courts should be regularly
held, and that the officers should be strictly enjoined to do their
duty." It is disappointing to find no evidence that anything was done in
consequence of this opinion.
About this time the _fifteenth_ of the series of "Orders" enacted by the
Mine Law Court of forty-eight, informs us that it met by adjournment at
the Speech House on the 6th of December, 1737, before William Jones,
Esq., Deputy Constable of St. Briavel's Castle.
Owing to the injury which it was considered foreigners had done to
the free miners by carrying coal out of the Forest for merchandise,
it was decided that for the future no such carrying should be allowed
except to certain persons named, under a penalty of 5 pounds,
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