The legal conception of a forest was thus that of a definite territory
within which the code of the forest law prevailed to the exclusion of
the common law. The ownership of the soil might be in any one, but the
rights of the proprietor were limited by the laws made for the
protection of the king's wild beasts. These laws, enforced by fines
often arbitrary and excessive, were a great grievance to the unfortunate
owners of land within or in the neighbourhood of the forest. The
offence of "purpresture" may be cited as an example. This was an
encroachment on the forest rights, by building a house within the
forest, and it made no difference whether the land belonged to the
builder or not. In either case it was an offence punishable by fines at
discretion. And if a man converted woodlands within the forest into
arable land, he was guilty of the offence known as "assarting," whether
the covert belonged to himself or not.
The hardships of the forest laws under the Norman kings, and their
extension to private estates by the process of afforestment, were among
the grievances which united the barons and people against the king in
the reign of John. The Great Charter of King John contains clauses
relating to the forest laws, but no separate charter of the forest. The
first charter of the forest is that of Henry III., issued in 1217. "As
an important piece of legislation," said Stubbs,[3] "it must be compared
with the forest assize of 1184, and with 44th, 47th and 48th clauses of
the charter of John. It is observable that most of the abuses which are
remedied by it are regarded as having sprung up since the accession of
Henry II.; but the most offensive afforestations have been made under
Richard and John. These latter are at once disafforested; but those of
Henry II. only so far as they had been carried out to the injury of the
landowners and outside of the royal demesne." Land which had thus been
once forest land and was afterwards disafforested was known as
_purlieu_--derived by Manwood from the French _pur_ and _lieu_, i.e. "a
place exempt from the forest." The forest laws still applied in a
modified manner to the purlieu. The benefit of the disafforestment
existed only for the owner of the lands; as to all other persons the
land was forest still, and the king's wild beasts were to "have free
recourse therein and safe return to the forest, without any hurt or
destruction other than by the owners of the lands in the purlieu where
they shall be found, and that only to hunt and chase them back again
towards the forest without any forestalling" (Manwood, _On the Forest
Laws_--article "Purlieu").
Public-domain text, read in full here on John Shaqi.
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