ir influence
must have been very powerful; and local laws and customs in
them must have been far too firmly established for such a
man as Canute to alter them. He could only have confirmed
what he found; much as he confirmed the laws of nature as
they affected the tides at Southampton!
The next Forest Charter of national importance after Canute's,
is that of Henry III., in 1225. It is clear that he, again,
made no material change in the old order of things; and in
recapitulating the old order of the Forest Courts, he ordains
that the Court of Attachment (called in Dean Forest the Court
of the Speech) was to be held _every forty days._ This Court
was one of first instance, simply for the hearing of evidence
and getting up the cases for the "Swainmote,"* which came
_three times a year._ The Swains were free man; and at their
_mote_ evidence was required from _three_ witnesses in each
case, on which the Verderer and other officers of the king
passed sentence in accordance with the laws laid down in this
Charter. From this Swainmote there was a final appeal to
the High Court of the Judges in Eyre (Eyre, from "errer" to
wander, being the Norman French for Itinerant, or, on Circuit)
which was held _once in three years._
[Footnote]
* That the Forest Charter of Hen. III. did not establish these
courts is proved from a passage in Manwood, cap. 8, which runs
thus: "And the said Swainmotes shal not be kept but within the
counties in the which they have been used to be kept."
[End of Footnote]
The forty-day court was common to all the ancient forests
of Britain; and that they go back to _before_ the time of
Henry III. is clear from the following extracts from Coke's
Fourth Institute, for which I am indebted to the kindness
of James G. Wood, of Lincoln's Inn.
CAP. LXXIII.
Of the Forests and the Jurisdiction of the Courts
[p 289] of the Forest.
* * * * * * *
And now let us set down the Courts of the
Forests--Within _every_ Forest there are these
Courts
1. The Court of the Attachments or the Woodmote
Court. This is to kept before the
Verderors every forty days throughout the year
--and thereupon it is called the Forty-day
Court--At this Court the Foresters bring in
the Attachments de viridi et venalione [&c &c]
* * * * * * *
2. The Court of regard or Survey of days is
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