It is well known that the precincts of the forests in England had courts of their own, and were governed by different laws from the rest of England; and of course, in treating upon the laws of this country, so learned and so accurate a writer, as Coke is admitted to have been, could not avoid noticing them. In the part of his Institutes upon the Forest Courts, he describes the jurisdiction and functions of those tribunals, and the animals to be met with in the forests of England; and, in the quaint and peculiar language incident to writers of the time of Queen Elizabeth, he proceeds to mention the beasts of chase and of the forest. The following are extracts from his work upon that subject:—

“There be many beasts of the forest by the laws of the forests of England. The hart in summer, the hinde in winter, and all that proceed as of them: the buck in summer, the doe in winter, and the proceed of them; the hare, male and female, and their proceed; the wild boar, male and female, and their proceed; and the wolf, male and female, and their proceed; the fox, male and female, and their proceed; the martin, male and female; capreolus the roe, as it appeareth before, is no beast of the forest, but it is a beast of chase.”

“The proceads of the hare, the first year a leveret, the second a hare, the third a great hare. Of a wilde boar: a pig, a hogge, a hog-stear, a boar, and after a sanglier.”

“No beast of the forest that is solivagum et nocivum, is venison, as the fox, the wolf, the martin, because they be no meat, but caro eorum est nociva.”

“So as the red deer, the fallow deer, the wilde boar, and the hare, are venison. Whereupon these two conclusions in the law of the forest do follow: first, whatsoever beast of the forest is for the food of man is venison, and therewith agreeth Virgil, describing a feast:—

“‘Implentur veteris bacchi pinguisq: ferinæ.’” [297]

It is to be presumed, that a writer, whose works are so accurate as Coke’s are admitted to be, would not have stated that the wolf was an animal of chase in England, at the time when he wrote, in the sixteenth century, in the reign of Elizabeth, if it had then been extinct; and it must be borne in mind, that he has used the present tense in writing of it; which it is not likely that he would have done, if he had intended to write respecting an animal which had formerly been a beast of chase, but which had ceased to exist in England. We have, therefore, got to the point, that the wolf may fairly be believed not to have become extinct in England until at least some time in, or perhaps soon after, the reign of Elizabeth. I am, however, far from contending that it then existed in the southern or midland counties. On the contrary, it appears probable, that when Coke wrote, it had become extinct in all parts of England, except in some few of the most northern counties, of which two are contiguous to Scotland. In the southern parts, it may perhaps be presumed to have ceased to exist about, or soon after, the period of the accession of the Tudors to the throne; and it will be borne in mind that only seventy-three years elapsed between the accession of the first of that family, Henry VII. in 1485, and that of Elizabeth, who was the last of them, in 1558; and that no very extraordinary change took place in the cultivation or population of England, during that period. As we have the clear evidence of writers of such authenticity as Holinshed and Camden, that in the time of Elizabeth, all parts of Scotland abounded with wolves, and as there was nothing to prevent those animals from rambling across the Border, either in search of prey, or for bringing forth their young, or in consequence of any other natural instinct, it would be impossible, at that time, with a scanty population, and with the desolation incident to the unsettled state of the Borders, to keep the northern counties of England always free from them, and to prevent their breeding there. [298] Those parts of England were exposed to the incursions of Borderers and freebooters from Scotland, whose lawless and dangerous habits were almost as intolerable to their own countrymen as to the English, and who principally subsisted by pillage, and rendered life and property insecure, and, as a natural consequence, those parts were very thinly inhabited. Many very large districts in the northern counties consisted of wild wastes, forests, hills, woody valleys, and swamps, with a very scanty and semi-barbarous population: disadvantages which militated very much against the early extermination of savage animals. A change for the better, however, took place in the population, the civilization, and the appearance of the country, about the close of the reign of Elizabeth. I, however, am not aware that any English writer, since the time of Coke, has given us any reason to suppose that wolves were to be found in England after the termination of her reign. We can scarcely suppose that Coke was incorrect in mentioning wolves as beasts of chase in England at the time when he wrote; it seems, however, only reasonable to believe, under all the circumstances, that they were at that time extinct in all the southern parts; but that a few then remained in their fastnesses and retreats in forests, hills, and wild districts, in some of the northern counties of England, and especially in the parts adjacent to Scotland, and furnished employment and sport to the hunters, and that, with the increase of population and cultivation, the clearing away of woods and forests, and the more general use of firearms, they at last became extinct in the northern counties, about the commencement of the seventeenth century, which was near the period of the close of the reign of Elizabeth.

APPENDIX.

No. I.

Extract from the Act of Attainder of the 1st Edward IV., passed against the Lancastrians who had taken part in the second Battle of St. Alban’s, the Battle of Wakefield, and the Battle of Towton.—Rot. Parl. 1 Edward IV. (A.D. 1461), vol. v. p. 476, 477, and 478.

“For asmoche as Henry, late Kyng Henry the sixt, ayenst the honoure and trouth that owe to be stablisshed in every Christien Prynce, dissimilyng with the right noble and famous Prynce Richard Duc of York, to whome it lyked at the grete and speciall instaunce of the same Henry, and of the Lordes Spuelx and Temporelx, and Commyns of the Reame of Englond, solempnely to hym made, and for the tender and naturall zele and affection that he bare unto the commyn wele, good pollitique, and restful governaunce therof, to take his viage from the Cite of London, toward the North parties of the seid Reame, to represse, subdue and resist the unleefull and inordynat commotion and riotte there bigonne, to the subversion of the seid Cõen wele, politique and restfull governaunce: Natheles procured, stered and excited, ayenst his promisse, and the forme of the Convention and Concorde made bitwene hem of and uppon the right and title of the seid Coroune, roiall power, dignite, estate, preemynence and possession of the seid Reame, the murdre of the same Duc. And where the seid Henry Usurpour, dissimilyng the destruction of other lordes and persones of the same reame, by his writts, called to assist hym to attend uppon his persone, to resiste and represse another commocion of people, by his assent and wille gadered, and waged not oonly in the North parties, but also oute of Scotlond, commyng from the same parties with Margarete late called Quene of Englond, and hir son Edward, late called Prynce of Wales, extendyng to the extreme destruction of the seid Reame, namely of the South parties therof, wherof experience sheweth the clerenes, respect had to the spoile by theym of Godds chirch, of Chalesses, Crosses of sylver, Boxes for the Sacrament, and other onourments longyng therunto, of defoulyng and ravisshing religious wymmen, wedowes and maydens, of unmanly and abhomynable entretyng of wymmen beyng in the naturall labour and bataille of travailyng of child, by the moyne therof piteously disperaged, Heven sorowyng the lost therby of the Soules that shuld have been of the felauship of Cristendom and of the blisse of Heven, not abhorryng of unmanly, unnaturall and beestly cruelte to drawe wymmen beyng in childebedde from their bedds naked, and to spoile hem of all her goods, a piteous desolacion. The same Henry, actour, factour and provoker of the seid commocion, and assentyng of covyne with the seid Margarete, Henry Duc of Somerset, and Henry late Erle of Northumberlond, in a battaille to be shewed unto hym, and offered of fraudulent dissimilacion, in a feld beside the toune of Seint Albones, the XVII day of Feverer last past, not joynyng his persone and blode to the defence, tuition and salvacion of the same Lordes and persones commen to assist hym by his auctorite and commaundement, lyke a victorious and a noble captayne, but lyke a disseyvable coward, ayenst princely and knyghtly duetee, sodenly, privately and shamefully refused theym, sufferyng and procuryng to disseivably th’effucion of their blode, and horrible murdre and deth, not havyng therof sorowe, pitee or compassion; adheryng to the seid Margaret, and to the seid Duc of Somerset, and other Lordes and persones that committed the seid orrible and cruell murdre of the seid Duc of York, and of the Erles of Rutlond and Salesbury, and also of the seid people, in the seid felde beside the seid toune of Seint Albones, yevyng therfor to the seid Duc and other assistyng theym therin, a speciall laude and thank; from thensforth appliyng to theym and to their outrageous and unlawfull riotts and misgovernaunce; after that sufferying wilfully thoo worthy and good Knyghtes, William Lord Bonvile, and Sir Thomas Kiryell, for the prowesse of knyghthode approved in their persones called to the order of the Garter, and William Gower Squier, the Berer of oon of his Baners, whom to he made feith and assurans under Kynges word, proeedyng from his mouth, to kepe and defend theym there from all hurt, joupardie and perell, to be murdred, and after that tyrannyously heded, with grete violence, withoute processe of lawe or any pitee, contrary to his seid feith and promysse, abhomynable in the heryng of all Christen Prynces. For asmoch also as Henry Duc of Somerset, purposyng, ymaginyng and compassyng, of extreme and insaciate malice and violence, to destroy the right noble and famous Prynce of wurthy memorie, Richard late Duc of York, fader to oure Liege and Soverayne Lord Kyng Edward the fourth, and in his lyf verrey Kyng in right of the reame of Englond, singuler protectour lover and defensour of the good governaunce, pollicie, commyn wele, peas and tranquillite therof; and also Thomas Courteney late Erle of Devonshire, Henry Erle of Northumberlond, Thomas Lord Roos, John late Lord Nevill, John Whelpdale late of Lychefeld, Clerk, Philip Lowes late of Thouresby in the counte of Lincoln Clerk, Bawdewyn Fulforth Knyght, Alexander Hody Knyght, Nicholas Latymer Knyght, James Loterell Knyght, Edmund Mountford Knyght, Thomas Fyndern Knyght, Henry Lewes Knyght, John Heron of the Forde Knyght, Richard Tunstall Knyght, Henry Belyngeham Knyght, Robert Whityngham Knyght, William Grymmesby late of London late Squier, Thomas Tunstall late of Thurland in the shire of Lancastr’ Squier, Symond Hammes Knyght, Thomas Dalton late of Lilbourne in the counte of Northumberlond Gentilman, James Dalton late of the same Gentilman, George Dalton late of the same Gentilman, John Clapam late of Skipton in Craven in Yorkshire Yoman, Andrew Trollop late of Guysnes Squier, Antony Notehill Knyght, John Botiller late of Howke in the counte of Dorset Squier, Gawen Lampleugh late of Warkeworth in the shire of Northumberlond Gentilman, Edmund Fyssh late of York Taylleour, Thomas Frysell late of the same Smyth, John Smothyng late of the same Yoman, John Caterall late of Brayton in the counte of York Gentilman, Thomas Barton late of Helmesley in the counte of York Gentilman, William Fyppes late of Sonthduffeld in the counte of York Yoman, Henry Clyff th’ elder late of Lokyngton in the counte of York Yoman, Robert Tomlynson late of Helagh in the counte of York Yoman, and Thomas Barton late of York Mason; at Wakefeld in the shire of York, on Tywesday the xxx day of Decembr’ last past, with grete despite and cruell violence, horrible and unmanly tyrannye, murdred the seid right noble Prynce Duc of York. And where also Henry Duc of Excestr’, Henry Duc of Somerset, Thomas Courteney late Erle of Devonshire, Henry late Erle of Northumberlond, William Vicecount Beaumont, Thomas Lord Roos, John late Lord Clyfford, Leo late Lord Welles, John late Lord Nevill, Thomas Gray Knyght Lord Rugemond Gray, Randolf late Lord Dacre, Humfrey Dacre Knyght, John Morton late Person of Blokesworth in the shire of Dorset Clerk, Rauff Makerell late Person of Ryseby in the shire of Suff’ Clerk, Thomas Mannyng late of New Wyndesore in Berkshire Clerk, John Whelpdale late of Lychefeld in the counte of Stafford Clerk, John Nayler late of London Squier, John Preston late Wakefield in the shire of York Preest, Philip Wentworth Knyght, John Fortescu Knyght, William Tailboys Knyght, Edmund Mountford Knyght, Thomas Tresham Knyght, William Vaux Knyght, Edmund Hampden Knyght, Thomas Fyndern Knyght, John Courteney Knyght, Henry Lewes Knyght, Nicholas Latymer, Knyght, Waltier Nuthill late of Ryston in Holdernes in the shire of York Squier, John Heron of the Forde Knyght, Richard Tunstall Knyght, Henry Belyngeham Knyght, Robert Whityngham Knyght, John Ormond otherwise called John Botillier Knyght, William Mille Knyght, Symonde Hammes Knyght, William Holand Knyght called the Bastard of Excestr’, William Josep’ late of London Squier, Everard Dykby late of Stokedry in the shire of Ruthlond Squier, John Myrfyn late of Suthwerk in the shire of Surr’ Squier, Thomas Philip late of Dertyngton in Devonshire Squier, Thomas Brampton late of Guysnes Squier, Giles Seyntlowe late of London Squier, Thomas Claymond, the seid Thomas Tunstall Squier, Thomas Crawford late of Caleys Squier, John Aldeley late of Guysnes Squyer, John Lenche of Wyche in the shire of Worcestre Squier, Thomas Ormond otherwise called Thomas Botillier Knyght, Robert Bellyngeham late of Burnalshede in the shire of Westmerlond Squier, Thomas Everyngham late of Newhall in the shire of Leycestr’ Knyght, John Penycok late of Waybrigge in the counte of Surr’ Squier, William Grymmesby late of Grymmesby in the shire of Lincoln’ Squier, Henry Ross late of Rokyngham in the shire of Northampton Knyght, Thomas Danyell late of Rysyng in the shire of Norff’ Squier, John Doubiggyng late of the same Gentilman, Richard Kirkeby late of Kirkeby Ireleth in the shire of Lancastr’ Gentilman, William Ackeworth late of Luton in the shire of Bed’ Squier, William Weynsford late of London Squier, Richard Stucley late of Lambehith in the counte of Surr’ Squier, Thomas Stanley late of Carlile Gentilman, Thomas Litley late of London Grocer, John Maydenwell late of Kirton in Lyndesey in the counte of Lincoln, Gentilman, Edward Ellesmere late of London Squier, John Dauson late of Westmynster in the shire of Midd’ Yoman, Henry Spencer late of the same Yoman, John Smothyng late of York Yoman, John Beaumont late of Goodby in the shire of Leyc’ Gentilman, Henry Beaumont late of the same Gentilman, Roger Wharton otherwise called Roger of the Halle, late of Burgh in the shire of Westmerlond Grome, John Joskyn late of Branghing in the shire of Hertf’ Squier, Richard Litestr’ the yonger late of Wakefeld Yoman, Thomas Carr late of Westmynster Yoman, Robert Bollyng late of Bollyng in the shire of York Gentilman, Robert Hatecale late of Barleburgh in the same shire Yoman, Richard Everyngham late of Pontfreyt in the same shire Squier, Richard Fulnaby of Fulnaby in the shire of Lincoln Gentilman, Laurence Hille late of Moch Wycombe in the counte of Buk’ Yoman, Rauff Chernok late of Thorley in the counte of Lancastr’ Gentilman, Richard Gaitford of Estretford in Cley in the shire of Notyngh’ Gentilman, John Chapman late of Wymbourne Mynster in Dorset shire Yoman, and Richard Cokerell late of York Marchaunt; on Sonday called comynly Palme Sonday, the xxix day of Marche, the first yere of his reigne, in a feld bitwene the townes of Shirbourne in Elmett, and Tadcastr’ in the seid Shire of York, called Saxtonfeld and Tawtonfeeld, in the shire of York, accompanyed with the Frensshmen and Scotts, the Kynges Ennemyes, falsely and traiterously ayenst their feith and liegeaunce, there rered werre ayenst the same Kyng Edward, their rightwise, true, and naturall liege Lord, purposyng there and then to have distroyed hym, and deposed hym of his roiall estate, coroune and dignite; and then and there, to that entent, falsely and traiterously moved bataille ayenst his seid astate, shedyng therin the blode of a grete nombre of his subgetts: In the which bataille, it pleased Almyghty God to yeve unto hym, of the mysterie of his myght and grace, the victorie of his ennemyes and rebelles, and to subdue and avoyde th’ effect of their fals and traiterous purpose. And where also the seid Henry, late called Kyng Henry the Sixt, Margarete his wyf, late called Quene of Englond, and Edward her Son, late called Prynce of Wales, and also Henry Duc of Excestre, Henry Duc of Somerset, Thomas Lord Roos, Thomas Grey Knyght Lord Rugemond Gray, in the fest of Seint Marc Evangelist last past, purposyng and ymaginyng the destruction of oure seid Soverayne Lord Kyng Edward, to depose hym of his roiall astate and dignite, procured of James Kyng of Scotts, and of his subgetts, then ennemyes of oure seid Soverayne Lord, their eyde, assistence and armed power, to entre uppon the same oure Soverayne Lord into his seid reame, to put hym from the reigne therof, and to distroy hym; and to that entent, convened with the same James Kyng of Scotts, and ayeinst their feith and liegeaunce, delyvered to hym to his possession and obeisaunce, in the seid Fest, the toune and castell of Berwyk, of oure seid liege Lordes, then beyng their rightwisse, true, and naturall liege Lord, to that ende and effect, that the seid Kyng of Scotts soo than possessed of the seid toune and castell, the key of the Estmarches of Englond, shuld therby have entre, to execute the unjust, untrue, and malicious purpose and entent of the same Henry, Margaret and Edward. And for asmoch also as the seid Margarete, and also Henry Duc of Excestr’, Henry Duc of Somerset, Jasper Erle of Pembroke, James late Erle of Wilteshire, Robert Lord Hungerford, Thomas Mannyng Clerk, John Lax, late Parsoune of Walton in the shire of Somerset Clerk, Henry Lewes Knyght, Robert Whityngham Knyght, John Ormond otherwise called John Botillier Knyght, Frere Robert Gasley, of the ordre of the Freres Prechours, and Thomas Cornewayle Squier, have ayenst their feith and liegeaunce, dyvers tymes sith the fourth day of Marche last past, stured, laboured and provoked the ennemyes of oure seid soverayne Lord Kyng Edward the Fourth, of outeward landes, to entre into his seid reame with grete bataille, to rere werre ayenst his astate within this seid reame, to conquere the same from his possession and obeysaunce, to depose hym of roiall astate, corounes and dignite, and to destroy his moost noble persone and subgetts. And where also the same Margarete, and Edward her son, and also the seid Henry Duc of Excestr’, Thomas Grey Lord Rugemonde Grey, Humfrey Dacre Knyght, Edmund Hampden Knyght, Robert Whityngham Knyght, Henry Bellyngeham Knyght, and Richard Tunstall Knyght, adheryng to the Scotts, ennemyes of oure seid soverayne Lord Kyng Edward the Fourth, convened with the same Scotts, procuryng, desiring and wagyng theym to enter into his seid reame, to make there werre ayenst his Roiall Majeste, bringyng the same Scotts and ennemyes to his cite of Carlile, besegyng and envirounyng it, brennyng the subarbes therof, distroiyng the howses, habitacions and landes of his subgetts nygh therunto, in manere of conquest; purposyng, ayenst their feith and liegeaunce, to have delyvered the seid cite, the key of the Westmarches of Englond, into the possession and obeysaunce of the seid Kyng of Scotts, and to have spoiled the coroune of Englond therof, as they didde of the seid toune of Berwyk. And over that, where the seid Henry, late called Kyng of Englond the Sixt, and also Thomas Lord Roos, Thomas Gray Lord Rugemond Grey, Humfrey Dacre Knyght, John Fortescu Knyght, William Tailboys Knyght, Edmund Mountford Knyght, Thomas Nevill late of Brauncepath in the Bisshopryke of Durham Clerk, Humfrey Nevill late of the same Squier, and Thomas Elwyke late of Caleys Squier, the XXVI day of Juyne last past, at Ryton and Brauncepath in the Bisshopryke of Durham, with standardes and gyturons unrolled, rered werre ayenst oure seid Lord Kyng Edward, purposying to have deposed hym of his roiall astate, coroune and dignite, ayenst their feith and liegeaunce. And for asmoch also as Henry Duc of Excestre, Jasper Erle of Pembroke, and Thomas Fitz Herry late of Herford Squier, at a place called Tutehill, besid’ the toune of Carnarvan in Wales, on Friday next after the fest of Translacion of Seint Edward last past, rered werre ayenst the same oure soverayne Lord, purposyng then and there to have proceeded to his destruction, of fals and cruell violence, ayenst their feith and liegeaunce.”

The act then declares Henry, late called King Henry the Sixth, convicted of high treason, and to forfeit all castles, manors, lordships, lands, &c. &c., parcel of the Duchy of Lancaster; and the said Margaret, late called Queen of England, convicted of high treason; and the said Margaret, and also the said Edward her son, disabled from having or enjoying any name of dignity, pre-eminence, &c. &c.; and declares the said Margaret, and Edward her son, to forfeit all castles, manors, lordships, lands, goods, &c. &c.; and also declares the noblemen comprised in it disabled from having or enjoying any name of dignity, pre-eminence, &c. &c.; and the noblemen, knights, and other persons comprised in the act, convicted of high treason, and to forfeit all their manors, lordships, lands, possessions, &c. to the King; except such as were within the liberty of the Bishop of Durham, which were declared forfeited to the Bishop, who claimed them in right of the Cathedral Church of St. Cuthbert of Durham; within which liberty the Bishops of Durham were alleged to have had immemorially the right to all forfeitures of that description.

No. II.

Extract from the Act of Attainder of 14th Edward IV. passed against some of the Lancastrians who had taken part in the Battles of Barnet, Tewkesbury, &c.—Rot. Parl. 14th Edward IV. (A.D. 1475), vol. vi. fos. 144, 145, 146.