Legal Definitions - forty-days court

The term forty-days court refers to a historical English forest court, more formally known as a Court of Attachments or Woodmote. These courts were a fundamental part of the medieval royal forest justice system. They were convened regularly, typically every forty days, to address minor offenses and infringements within the royal forests. Their primary purpose was to receive reports of "attachments"—meaning minor trespasses, damages, or other infractions against forest laws—and to ensure that those accused were bound over to appear at higher forest courts, such as the Swainmote, for more serious judgments. Essentially, it was the lowest-tier court, dealing with preliminary matters and less severe violations, ensuring consistent oversight of the forest.

Here are some examples illustrating the application of a forty-days court:

• Example 1 (Minor Trespass and Damage): Imagine a villager in medieval England who allowed his cattle to graze beyond the designated common lands and stray into the royal forest, causing minor damage to young trees. This infraction would likely be reported by the local foresters and then brought before the forty-days court at its next scheduled sitting. The court would formally record the "attachment" (the report of the offense) and might require the villager to pay a small fine or provide sureties (guarantees) for his appearance at a future, higher court if the damage was deemed more significant.

  Explanation: This illustrates the court's role in handling minor forest infractions and receiving "attachments" (reports of offenses) on a regular, forty-day cycle, ensuring that even small violations were addressed systematically.

• Example 2 (Reporting Evidence of Poaching): A group of royal foresters discovers evidence of illegal hunting, such as freshly set snares or the remains of a deer carcass, within the royal forest. While the poachers themselves are not caught, this evidence constitutes an "attachment" that needs to be formally documented. The foresters would present this evidence at the next forty-days court, which would then record the incident, initiate an official inquiry, and potentially issue orders for further investigation or for the accused (if identified) to be summoned.

  Explanation: This example highlights the court's function in formally receiving and documenting reports of forest offenses, even when the perpetrators are not immediately apprehended, emphasizing its role as a regular administrative and judicial checkpoint for maintaining law and order in the forest.

• Example 3 (Ensuring Regular Oversight of Encroachments): In a large royal forest, the forty-days court served as a crucial mechanism for maintaining continuous oversight and enforcement of forest laws against gradual encroachments. For instance, if a local landowner was slowly expanding his agricultural fields into the forest boundaries, the foresters would regularly present reports of these encroachments at the forty-days court. The consistent convening of this court every forty days ensured that such ongoing issues were not ignored but were systematically recorded and progressed through the forest justice system, preventing minor infractions from escalating without official notice and upholding the Crown's authority over its forests.

  Explanation: This demonstrates how the "forty-days" aspect ensured regular judicial review and administrative action, preventing a backlog of minor issues and maintaining the Crown's authority over its forests through consistent, scheduled proceedings.