the Judges could not give their Resolutions, but by way
of Directions. And it was Resolved,
1. That if these are Forests, it will appear by matter
of Record, as by Eyres of Justices of Forests, Swanni∣motes,
Regardors, &c. But the calling it a Forest in
Grants, &c. proveth it not a Forest in Law.
2. Resolved by all the Justices, That if there be no
Forests in Law, but Free-Chases; then who hath any
Free-hold in them, may cut his Wood growing upon it,
without view or Licence; leaving sufficient for Covert to
maintain the Kings Games: so a common person ha∣ving
Chace in another Soil, the Owner may not destroy
the Covert, nor Browse-wood.
3. Resolved, That in such a Chase, the Owner, by
Prescription, may have Common for his Sheep, and War∣ren
for his Coneys, by Grant or Prescription: but he
must not surcharge or make Burrows in other places,
than hath been used from the time of which: nor may he
erect a new Warren without Charter.
4. Resolved, That who hath such a Warren, may
lawfully build a Lodge upon his Inheritance, for preser∣vation
of his Game.
5. Popham, Chief Justice, said, That in the time of
Chief Baron Bett, It was adjudged in the Exchequer, That
a man may prescribe to cut his Wood upon his own In∣heritance
within a Forest, though it was against the Act,
in the 43 Ed. 1. See the Abridgement, Title Forest 21.
And this was the Case of Sellenger, vide 2 Ed. 2. Title
Trespass, fol. 9. in the time of Ed. 1. Trespass, 239. ••low.
Com. Dyer 72. 32. 2 Ed. 4. cap. 7. that the Subject may
have a Forest. Consuetudo ex rationebili causa usitata pri∣vat
communem Legem. And it was held by some, that
this was but an Ordinance, not an Act of Parlia∣ment.