[975]. Cf. Select Pleas, xcix.; and see also supra, p. [184].
[976]. See Select Pleas, cv. Mr. Turner’s account of Edward’s conduct may be compared with the estimate of M. Bémont, Chartes, xlviii.
[977]. 1 Edward III., stat. 2, c. 1.
[978]. See Select Pleas, cvi. There was one exception. On 26th December, 1327, Edward III. had to submit to further disafforestations in Surrey.
[979]. 16 Charles I. c. 16.
CHAPTER FORTY-EIGHT.
Omnes male consuetudines de forestis et warennis, et de forestariis et warennariis, vicecomitibus et eorum ministris, ripariis et earum custodibus, statim inquirantur in quolibet comitatu per duodecim milites juratos de eodem comitatu, qui debent eligi per probos homines ejusdem comitatus, et infra quadraginta dies post inquisicionem factam, penitus, ita quod numquam revocentur, deleantur per eosdem, ita quod nos hoc sciamus prius, vel justiciarius noster, si in Anglia non fuerimus.[[980]]
All evil customs connected with forests and warrens, foresters and warreners, sheriffs and their officers, river-banks and their wardens, shall immediately be inquired into in each county by twelve sworn knights of the same county chosen by the honest men of the same county, and shall, within forty days of the said inquest, be utterly abolished, so as never to be restored, provided always that we previously have intimation thereof, or our justiciar, if we should not be in England.
This chapter is mainly, though not exclusively, a forest one. It provides in a sweeping and drastic manner for the abolition of “evil customs,” three groups of which are specially emphasized: (a) those connected with forests and warrens (presumably royal warrens only), with their officials; (b) those connected with sheriffs and their subordinates; and (c) those connected with river-banks and their guardians. The word “customs” is obviously here used in its wider sense, embracing all usages and procedure, whether specially connected with pecuniary exactions or not.[[981]] The word “evil” is not defined, but here (in favourable contrast to elsewhere) machinery is provided for arriving at a definition. This takes the form of a new application of the useful inquisitio. In each county a local jury of twelve knights was to be immediately chosen by “the good people” of that county, and these twelve received a mandate to hold a comprehensive inquest into “evil customs” generally. All practices condemned by them (after hearing on oath smaller local juries, doubtless) were to be abolished within forty days of the inquiry, “so that they shall never be restored.”
At the end of the chapter appears a proviso that, before actual abolition, notice must be sent to the king, or, in his absence, to his justiciar. Although such intimation was absolutely necessary, both on grounds of policy and of ordinary courtesy, it would appear that this clause was inserted only at the instance of the king’s friends; at least, it is written (as an afterthought) at the foot of two of the copies of the Great Charter.