Bracton: Thorne Edition: English. Volume 3, Page 408

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Volume 3, Page 408

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[001] to be made to the same men of the houses, woods, and gardens of the same manor,
[002] both inside and out, as to which the aforesaid [B.] complains that the aforesaid A.
[003] contrary to the custom of our realm there committed waste, destruction and exile,
[004] namely, that in the wood she felled so many oaks and sold them, threw down such
[005] houses and erected them outside the land she holds in dower, and also manumitted
[006] villeins, and sold and aliened lands and rents. As to which the aforesaid A. says
[007] that she took nothing from the aforesaid wood except her reasonable estovers for
[008] burning and fencing, and so many oaks with which she repaired such buildings and
[009] such. And by the oath of twelve of the aforesaid men who best know and wish to
[010] speak the truth, inquire diligently what waste and what exile was there done, in
[011] what things, and what and how much has been taken from the wood, and for what
[012] purpose and by whom, and whether the aforesaid A. committed waste there after the
[013] wood came into her hands or if another did so before her time. And make known to
[014] our justices [at such a place], on such a day, the inquest you have made thereon,
[015] plainly, clearly and openly, according as it is made by the oath of the aforesaid
[016] twelve men, by your sealed letters and by four lawful and discreet men from among
[017] those by whose oath you made that inquest. And have there etc. Witness etc.’¹

If a woman is convicted of waste, what penalty follows.

[019] If waste and destruction has been committed in some wood and the woman is
[020] convicted thereof by the inquest, such penalty will be imposed upon her and she
[021] will be so circumscribed that from then on she shall take her rightful estovers in that
[022] wood only by view of the foresters of the heir. As is proved in the roll of Michaelmas
[023] term in the third and the beginning of the fourth years of king Henry in the county of
[024] Norfolk, [the case] of Hamon le Enveyse and Matilda his wife.² And similarly [in the
[025] roll] of Easter term in the ninth year of the same king in the county of Norfolk, [the
[026] case] of Margaret de Rally,³ where by counsel of the court a forester was appointed
[027] because of waste. That servitude is imposed on her as a penalty,⁴ because of the
[028] woman's waste and trespass. For appointing a forester let the following writ be drawn:

Notes

1. Infra iv, 322-3; B.N.B., nos. 443, 485, 580

2. B.N.B.; no. 56; C.R.R., viii, 69

3. Not in B.N.B.; no roll extant

4. ‘talis servitus . . . poenam,’ from lines 25-6; om: ‘Et quod . . . debet’; ‘probatur in rotulo’