FOREST LAWS, the general term for the old English restriction laws,
dealing with forests. One of the most cherished prerogatives of the king
of England, at the time when his power was at the highest, was that of
converting any portion of the country into a forest in which he might
enjoy the pleasures of the chase. The earliest struggles between the
king and the people testify to the extent to which this prerogative
became a public grievance, and the charter by which its exercise was
bounded (Carta de Foresta) was in substance part of the greatest
constitutional code imposed by his barons upon King John. At common law
it appears to have been the right of the king to make a forest where he
pleased, provided that certain legal formalities were observed. The king
having a continual care for the preservation of the realm, and for the
peace and quiet of his subjects, he had therefore amongst many
privileges this prerogative, viz. to have his place of recreation
wheresoever he would appoint.[1] Land once afforested became subject to
a peculiar system of laws, which, as well as the formalities required to
constitute a valid afforestment, have been carefully ascertained by the
Anglo-Norman lawyers. "A forest," says Manwood, "is a certain territory
of woody grounds and fruitful pastures, privileged for wild beasts and
fowls of forest, chase, and warren to rest, and abide there in the safe
protection of the king, for his delight and pleasure; which territory of
ground so privileged is mered and bounded with unremovable marks, meres
and boundaries, either known by matter of record or by prescription; and
also replenished with wild beasts of venery or chase, and with great
coverts of vert, for the succour of the said beasts there to abide: for
the preservation and continuance of which said place, together with the
vert and venison there are particular officers, laws, and privileges
belonging to the same, requisite for that purpose, and proper only to a
forest and to no other place."[2] And the same author distinguishes a
forest, as "the highest franchise of princely pleasure," from the
inferior franchises of chase, park and warren--named in the order of
their importance. The forest embraces all these, and it is distinguished
by having laws and courts of its own, according to which offenders are
justiceable. An offender in a chase is to be punished by the common law;
an offender in a forest by the forest law. A chase is much the same as a
park, only the latter is enclosed, and all of them are distinguished
according to the class of wild beasts to which the privilege extended.
Thus beasts of forest (the "five wild beasts of venery") were the hart,
the hind, the hare, the boar and the wolf. The beasts of chase were also
five, viz. the buck, the doe, the fox, the marten and the roe. The
beasts and fowls of warren were the hare, the coney, the pheasant and
the partridge.
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