Hunting was not merely the chief amusement of our early kings: it
was a necessary pursuit for the keeping down of the wild beasts
then a real danger to the fields and their cultivators. The Forest
Charter of Canute the Dane (dated 1016) is a myth; but it is certain
that, before the Conquest, the sovereign had a peculiar--howbeit, an
undefined--property in the woodland. The Conqueror, who, according
to the Saxon Chronicle, loved the tall deer as if he had been their
father, devastated far and wide to make the New Forest; and he and his
immediate successors punished hurt done to the deer with loss of life
or limb. The Great Charter contained provisions against this odious
abuse of power, and under Henry III. a special charter of the forest
enacted that no man should lose life or limb for killing deer, at the
same time that it disafforested (_i.e._, removed from the forest to
which they had been improperly joined) vast tracts of country. After
the New there was but one other forest made in England, that was the
land round Hampton Court, afforested under Henry VIII. by Act of
Parliament.
An attempt to revive royal rights over the woodland hastened the fall
of Charles the First, and then the Commonwealth gave the forest system
its death-blow, though it was not till the time of George III. that the
great mass of enactments was formally repealed. A Court of Swainmote
lingers in the New Forest and elsewhere, and its officials, called
Verderers, albeit shorn of their ancient power and splendour, do
their quaint antics still; but by an odd, though happily not singular
inversion, those old popular wrongs are now become popular privileges;
Epping Forest, for instance, could never have become a public park
but for the Crown rights, and these same rights over the woodlands
throughout the country now yield an income which more than covers the
cost of the whole Civil List. Had the Crown looked more sharply to its
own, the profit to ourselves had been still vaster.
The forest laws, however complex in detail, were all inspired by one
consistent idea--the preservation, to wit, of the king's venison.
Even under Edward I.'s comparatively humane rule the verderer held an
inquest upon a deer found dead in the Regard, just as the coroner did
upon a man's body, and the jury found how the creature came to its end.
The very arrows gleaned there were entered in the verderer's role. The
freeholder within that charmed ground might not fell his own timber
without leave, lest he should spoil the _Cover_: nor could he turn out
his goats to browse, for they would taint the pasture; whilst he must
feed his sheep in moderation, else he committed the grievous offence of
_surcharging_ the forest.
Public-domain text, read in full here on John Shaqi.
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