Bulstrode the king against briggs a quo warranto for claim a forest charter of  king h Ro Ro Rep Popb in a quo warranto for he to show by what warrant he  claim to have a forest he put in his plea and claim to have a forest a court  of swannymotes and this he claim by a charter grant in the time of king h but  show it not Yelverton the king solicitor move the court that he may have sight  of the charter by which he claim the same Bulstrode er p coke chief justice No  subject can have a forest dodderidge justice agree with he herein and the  reason of this be because that a justice seat be incident to a forest and none  can make a justice in eire but the king coke it be a chase and not a forest be  in the hand of a subject a swannymote court a subject may have but no subject  can have a forest because none can make a justice in eire but the king  dodderidge prince Henry who be dead have a forest grant unto he with a power  also to make a justice in eire and licence to keep court and the duke of  Lancaster also have such a grant with special commission to make a justice in  eire for keep of court coke to make a justice in eire and such like these be  jura regalia Briggs here plead a patent of king h and entitle the earl of  Shrewsbury and show the charter lengthen hic in curian Yelverton move the  court for the king that he may have sight of the charter which the court grant  to he because the defendant claim his interest by it the charter be view be to  have a forest within twenty manor and he far show the confession of sir  Francis Bacon then attorneygeneral of the same the court upon this answer that  notwithstanding this confession of the attorneygeneral we will not yet give  any judgement in this case against the king for no such judgement in any case  be to be give as in this the same be to be perpetual coke here be a salvo for  the king salvo jure the whole court say we will not here give wav to such a  confession but this matter shall be try coke if he have no allowance for  justice in eire this charter be of no force Bridgeman here be no usage at any  time of any f orrest nor of any liberty of a forest coke Briggs I think will  relinquish this and so this case be adjourn for far argument herein afterward  S termin Hillar James b r this matter be move again and it be urge that he  claim a forest by the charter of king h the which he have show to the king  attorneygeneral and that he have satisfy he therein Hutton sergeant move the  court to have judgement for Briggs upon the confession of the king  attorneygeneral Yelverton the king solicitor inform the court that this  charter of king h be time out of mind and no usage at all lie to be in all  this time therefore judgement be not to be give upon this confession coke I  have observe that I be attorneygeneral long than any one have be these year  unless it be Gerrard and for a note worthy of observation I never yet hear of  a attorneygeneral of the king to die in the time of his attorneysbip as to the  confession here of the king attorney this Bulstrode will much satisfy we for  matter in fact if the same do not concern the common wealth as if one be  present for keep of a alehouse without licence and the attorneygeneral do  confess that it be a inn yet we will have this try and for other common matter  in fact we will give credit to his confession but as to matter in law his  confession shall not bind we and this difference I have here often learned  dodderidge these year this charter have have no allowance nor any manner of  usage of this forest ever have as yet by force of this charter and since the  time of king h many a cold wind have blow and many forest have be since  disforrested and if he can show some manner of usage of this be can have it  coke a common person may have a chase but not a forest for he can make a  justice in eire and therefore no common person can have a forest but he may  have a nominative forest and swanymotes dodderidge Pickering duke of Lancaster  have a forest in his hand but be not able to make justice in eire unless by  special commission and so have the late prince Henry coke agree with he herein  croak justice by the statute of Charta de forest all men forestee to see and  many of they be disforrested coke and dodderidge a swannymote court do not  make a forest but a justiceseate only make it Bulstrode er p coke that which  can have commencement but by charter this ought to have allowance within time  of memory by matter of record but if by prescription he may stand upon it and  this be clear and so this be adjourn till a further time to have the record in  court and to be argue afterward S termin pasch James b r this matter be move  again and it be show for Briggs that king h be seize of Cleeve which extend it  self into town and by his letter patent h do grant this forest unto Richard  Clifford afterward the same come to the earl of Shrewsbury and so by mean  conveyance the same come to Oliver Briggs who die seize and from he the same  do descend and come unto Humphrey Briggs the now defendant in the quo warranto  who plead all this matter the which plea the king attorneygeneral have confess  to be true Bridgeman notwithstanding all this pray judgement for the king upon  the insufficiency of this plea by h the court ex duty ought to give judgement  for the king in a quare hinder where a title appear for he though show by a  stranger a strong here in this case where it be by the shewino of the party  himself it be urge that the plea of the defendant be insufficient and that for  two cause the grant be void and not to be plead be out of time of memory in  the time of king h which can be try also a grant of h not pleadable if be show  not a allowance of the same in eire this appear coke pars fol b a b in the  case of the abbot de Strata Marcelia but admit the grant good if the king  grant a forest nothing do pass by this but the soil no liberty they be  magnalia Corona and not to be transfer in such a manner to a subject the earl  of Lancaster have a forest but no book fit the duke of Lancaster and Durham  have jura regalia and in this regard have a forest but not any other subject  and therefore his title here be insufficient he claim here a special kind of  forest afterward the defendant disclaim in all the court but in the swanimote  and attachment but as to this the same be repugnant because he do first claim  here a forest and then all these ex consequent and so here appear no title for  the defendant and therefore judgement ought to be give against he for hold of  these liberty so long without any warrant or power so to do Bulstrode coke if  you have a charter before time of memory you can plead this without show some  allowance of it in eire if the same be of thing grant in point of charter but  of thing in point of prescription there you need not to show a charter but in  such a case usage time out of mind be sufficient as for leet waif and stray  prescription for they be sufficient but yet if neither he nor any of his  ancestor ever have they but he claim they by a charter grant in the time of  king h and show forth this charter this be not good because this charter can  be plead if the king have a forest and grant this unto a subject this grant be  not mere void but he by this grant shall have a chase but no swannymotes libre  Assisarum fol plea the case of the honour de Pickering to which a forest be  appendant the king grant the bailiwick to one in fee render rend and after  grant the honour with the appurtenance to Edmond county de Lancaster c if the  king grant a forest to one and also grant unto he that he shall make a  justiceseate here he shall have a forest by such a special grant with this  expression in his charter but not otherwise a man may have a chase by  prescription but if it be by charter not good dodderidge justice demand  whether he plead this charber pro lat hic in curian and seal it be answer that  he do so dodderidge the earl of Oxford have such a charter of the grant to he  to be chamberlain of England in the time of king h and this only under seal  and no other that ever I have see coke officer of the forest verderours  regardours c and diverse other thing be incident to a forest the liberty of a  chase come of a free warren the statute of Charta de forest reach unto forest  make by h he may here plead the charter of William the conqueror or of William  the confessor as well as this of king h dodderidge this be a very strange case  that a confession shall be here by the king attorneygeneral he have no other  conveyance to show for this his claim but only this charter of h a forest here  this can be for he have waive all the principaft court of a forest as view of  regardors before a justiceseate the swanny Bulstrode er p must and attachment  do not make a forest the last prince Henry have two or three forest coke the  attachment and swannymote court be only to present agisters Iregardours the  ustice in eire be to do nothing of himself but upon their presentment by  special word the king may pass a forest to a subject but no man of himself can  make a chief justice without a justiceseate the court of swannymote and  attachment be but of small and to little purpose and I do very much marvel  atthis confession the like to which I do never hear he claim here a forest and  a chase within it and a chase he can have clear without a prescription and so  a day be give unto he to show his charter to the court at another day sir  Francis Bacon the king attorneygeneral do recite the case and say unto the  court that between these S where unquen to be in England Attornatus general  there be some affinity in the time of king h the first charter be grant of  this forest and there have be diverse charter of confirmation since and bring  S here convey title to himself under the title of the earl of Shrewsbury t  igglcts of parliament have be make t e one in king e four time and the other  in king h that a subject may have a forest but not a justiceseat for this be  regal but it be a forest and have swannymotes I have be very ill use in this  case to have this put on in this manner after that I have make a confession of  the claim and no king attorney have be use so for these no year and I will  hereafter take a course that I will not be so use again I have two power in I  the one of prosecution the second of non prosecution and of these two I do not  know which of they be the Bulstrode great the second be daily by the king  special direction to I whether in such case I shall proceed for he or not here  in this case I have enter for the king a non pro and confess the plea will you  now have a judgement for the king when as he himself will relinquish it coke a  non pro this be to be enter but we will be advice of the judgement it be a  plain case that judgement ought to be give for the king if one claim a thing  time out of mind and do I horned owl show any usage of it judgement ought here  to be give for the king and it do not appear here unto we any confirmation to  be make the plea here be hic in curian lengthen the charter in the time of h I  never do see but one of they in my time if the king have grant totan that  forrestam our men shall the patentee have this unless he have a warrant to  make a justiceseate he shall not have it but only a chase and so it have be  twice adjudge that he shall not without special word a swannymote without a  justiceseate be nothing of no force at all dodderidge you can nor ought you to  confess but only matter in fait and this may be good but your confession be of  no force for matter in law coke you confess this be ministerial but we be to  give judgement and this be judicial curian the non pro shall be enter and we  will be advice of the judgement coke the statute for nisi prius shall not bind  the king unless that the king or his attorney will give way unto it as appear  in Fitzherbert nat Bre fol letter a and so it be when I be attorney and this  be very clear and so by the rule of the court this matter be further adjourn  till the next term to have the charter bring in court in the mean time the  same rest upon a curian ad visar vult afterward S termin Hillar James b r this  case be move again and then long argue touch the validity of the charter plead  by Mr Jenkins for Briggs dodderidge without all question a subject may have a  forest but the same then ought to be by other word than be in this charter but  when you disclaim in a justiceseate farewell then to your forest Montague  chief justice a forest have such immunity which be prerogative royal and this  be the reason why a subject can have a forest but a chase the statute which  make mention of forest they be but nominal not real dodderidge a justiceseat  the chief subject of a forest the court all clear of opinion that one can have  a forest without a justiceseat for that this be the chief thing that make a  forest dodderidge by apt word a subject may have a forest as to have a  justiceseate Montague he can have a real forest but only noininall for the  liberty of Bulstrode er p wile beast the abbot of Whithey in a quo warranto  bring agrainst he do elaine to have a forest search into all the precedent of  qucrwarr ntoes whether any one do ever justify by way of plea to have a forest  you shall find none ancient charter be to be take accord to ancient usage the  whole court clear of opinion that upon his disclaimer here in a justiceseat  judgement must needs be give against he for the forest for that he can have a  f orrest without a j usticeseate and so the same be by the court adjourn to  another time for further argument herein and the same not move again perceive  how the opinion of the court be against Briggs upon his claim and discla mere