The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)Burke, Edmund
Religion
The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
public opinion, as that wherein the quarrels and wars which arose in the
English nation, when divided into kingdoms or factions, had been
terminated from the remotest times. Here it was that King John, on the
15th day of June, in the year of our Lord 1215, signed those two
memorable instruments which first disarmed the crown of its unlimited
prerogatives, and laid the foundation of English liberty. One was called
the Great Charter; the other, the Charter of the Forest. If we look back
to the state of the nation at that time, we shall the better comprehend
the spirit and necessity of these grants.
Besides the ecclesiastical jurisprudence, at that time, two systems of
laws, very different from each other in their object, their reason, and
their authority, regulated the interior of the kingdom: the Forest Law,
and the Common Law. After the Northern nations had settled here, and in
other parts of Europe, hunting, which had formerly been the chief means
of their subsistence, still continued their favorite diversion. Great
tracts of each country, wasted by the wars in which it was conquered,
were set apart for this kind of sport, and guarded in a state of
desolation by strict laws and severe penalties. When, such waste lands
were in the hands of subjects, they were called Chases; when in the
power of the sovereign, they were denominated Forests. These forests lay
properly within the jurisdiction of no hundred, county, or bishopric;
and therefore, being out both of the Common and the Spiritual Law, they
were governed by a law of their own, which was such as the king by his
private will thought proper to impose. There were reckoned in England no
less than sixty-eight royal forests, some of them of vast extent. In
these great tracts were many scattered inhabitants; and several persons
had property of woodland, and other soil, inclosed within their bounds.
Here the king had separate courts and particular justiciaries; a
complete jurisprudence, with all its ceremonies and terms of art, was
formed; and it appears that these laws were better digested and more
carefully enforced than those which belonged to civil government. They
had, indeed, all the qualities of the worst of laws. Their professed
object was to keep a great part of the nation desolate. They hindered
communication and destroyed industry. They had a trivial object, and
most severe sanctions; for, as they belonged immediately to the king's
personal pleasures, by the lax interpretation of treason in those days,
all considerable offences against the Forest Law, such as killing the
beasts of game, were considered as high treason, and punished, as high
treason then was, by truncation of limbs and loss of eyes and testicles.
Hence arose a thousand abuses, vexatious suits, and pretences for
imposition upon all those who lived in or near these places. The deer
were suffered to run loose upon their lands; and many oppressions were
used with relation to the claim of commonage which the people had in
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account