03/1386: Writ of Afforesting

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03/1386: Writ of Afforesting

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[4 Dey 1386]

Ardashir Khan Osmani, by the Kharenah of Zurvan, Khan of Vijayanagara, Count of the Lesser Zjandaria, to his subjects and retainers, Greeting.

Know that We, Mibaradardam be Khorshid va Mah Minamaz dadanam Zurvan, have in the first place granted to Zurvan this Writ which by his Kharenah is confirmed for us and our heirs forever.

1) It is allowed to our lord the Count, in respect of his continual care, and labour, for the preservation of the whole realm, among other privileges, this prerogative, to have his places of recreation and pastime, whatsoever he will appoint. For as it is at the liberty, and the pleasure of his to the reserve the wild beast, and the game to himself, for his only delight and pleasure, so he may also at his will and pleasure, make a forest for them to abide in.
2) A forest is a certain territory of woody grounds and or fruitful pastures, privileged for wild beasts and fowls of forest, chase, and warren to rest, and abide there in the safe protection of our lord the Count, for his delight and pleasure.
3) Territory of ground so privileged is mered and bounded with irremovable marks, metes and boundaries, either known by matter of record or by prescription; and also replenished with wild beasts of venery or chase, and with great coverts of vert, for the succour of the said beasts there to abide: for the preservation and continuance of which said place, together with the vert and venison there are particular officers, laws, and privileges belonging to the same, requisite for that purpose, and proper only to a forest and to no other place.
4) Beasts of forest (the five wild beasts of venery) are the hart, the hind, the hare, the boar and the wolf. The beasts of chase were also five, viz, the buck, the doe, the fox, the marten and the roe. The beasts and fowls of warren were the hare, the coney, the pheasant and the partridge.
5) The courts of the forest were three in number, viz, the court of attachments, swainmote and justice-seat created and invested with persona and legal identity. 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.
6) 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.
7) This is reserved for the justice-seat, held every third month in the year, to which the rolls of offences presented at the court of attachment, and tried at the swainmote, are presented by verderers.
8 ) There shall be two chief justices for the forests intra and ultra Trentam respectively.
9) A County Forrester shall be created and invested with persona and legal identity with the purpose of the Hunt and enforcing such Forestry laws that may be decreed.
10) The necessary officers of a forest are verderers, foresters, each created and invested with persona and legal identity.
11) Verderers view and receive the attachments of the foresters, and to mark them on his rolls.
12) 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.
13) The legal conception of a forest is thus that of a definite territory within which the code of the forest law prevails to the exclusion of the common law. The ownership of the soil might be in any one, but the laws made for the protection of the Count's wild beasts limit the rights of the subordinate proprietor.
14) The area afforested shall be indicated in the schedule attached to this writ.

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Ardashir Khan
Khan of Vijayanagara
Count of Lesser Zjandaria
Amir of the Zjandarian Militia and Police


SCHEDULE

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