drift of the forest

plural drifts of the forest

1. UKhistoricallawThe act of driving or herding cattle in a forest to a particular place in order to determine who they belong to and whether the owners have a right to common or pasture them in the forest, and whether any fines should be paid by those without such a right.

   And every three years there was a special Drift of the forest, which was a sort of census of the venison.

   1895, Francis Watt, “The Law of the Forest”, in The Law’s Lumber Room, London: John Lane, The Bodley Head, […]; Chicago, Ill.: A[lexander] C[aldwell] McClurg & Co., →OCLC, page 70

   3 more examples

   It ſeemeth by the Aſſiſes of the Forreſt of Pickring and Lancaſter, that the Officers of the Forreſt there, did vſe to make two driftes of their Forreſt euery yeare, the firſt of thoſe driftes was made yearely fifteene daies before Midſomer, at the beginning of the Fence moneth, becauſe that in that moneth, no man might haue any beaſtes commoning within the waſt ſoile of the Forreſt, and then by that drift, the forreſt was cleane emptied and auoided of all beaſts and cattell, during the fence moneth onely: […]

   1598, John Manwood, chapter XV, in A Treatise and Discourse of the Lawes of the Forrest: […], London: […] [Adam Islip (?) for] Thomas Wight and Bonham Norton, →OCLC, section 2 (At what Time of the Yeare the Forrest shall be Driven), folio 86, recto

   The drifts of the foreſts are ſaid to be when all the Cattle as well of Commoners as of Strangers are driven by the Officers of the foreſt to ſome certain Pound or place incloſed, and the end hereof is threefold, viz. Firſt, to ſee whether thoſe that ought to common doe common with ſuch kind of Cattle as by preſcription or grant they ought. Secondly, if they common with ſuch Cattle as they ought, whether they doe ſurcharge or no. Thirdly, if the Cattle of any Stranger be there, which ought not to common at all.

   1644, Edw[ard] Coke, “Of the Forests, and the Jurisdiction of the Courts of the Forest”, in The Fourth Part of the Institutes of the Laws of England. […], London: […] M[iles] Flesher, for W[illiam] Lee, and D[aniel] Pakeman, →OCLC, page 309

   [T]he swainmote, held three times a year, when the agistors came together to take agistment; at which time the drift of the forest was made, that is, all the animals were to be driven together into one pound, to see that those who commoned did so with such kind of cattle, as they, by prescription or grant, ought to do.

   1829, George Crabb, “Henry III”, in A History of English Law; or An Attempt to Trace the Rise, Progress, and Successive Changes, of the Common Law; […], London: Baldwin and Cradock, →OCLC, page 148