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of officers, for the purpose of preserving the game in those forests (a).

Numberless oppressive regulations and laws, and amongst other the assumed right of the King to grant forests, over his subjects' lands, were annihilated by the Marta de foresta, for which our ancestors contended as zealously as they did for magna charta; and Lord Coke contends, that the charta de foresta was only declaratory of the common law (b).

Forests were at first in the hands of the Crown only, but several were gradually conferred by our antient Kings on their great lords and followers as rewards for their services. And at the present day it is clear that forests and other franchises can only be claimed by grant from the Crown, or by prescription which supposes it (c). Twenty years' uninterrupted enjoyment of a franchise is presumptive evidence in favor of the claimant (d).

The royal grant of a forest or any other game franchise imparts to the grantee various peculiar privileges, with respect to the preservation of game within the districts over which the grant operates; and the legislature has frequently interfered to protect them (e). And it is considered that the owner of a forest, chase, park or warren is, as such, independently of any other qualification, entitled to kill game within his franchise; though if he sport out of the limits of his district he will be liable to a penalty, unless otherwise qualified Cf).

There are various courts and officers incident to a forest: and when a forest is granted by the Crown "cum omnibus incidentibus et pertinentTM" the grantee takes it as a forest with courts and officers, except the justice in eyre; and this too may be granted to a subject by express words (g). If however those words be omitted, the grantee holds the franchise as a chase only, though the term forest be applied to it in the patent (h). And in such case offenders in the forest are punish

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able, not by the forest laws, but by the common law of the land (a).

It has recently been decided, that there may be a valid custom in a manor, within the limits of an antient forest belonging to the Crown, for the lord, with the assent of the homage, to grant parcels of the waste to be held in severalty by copy of court-roll, and inclosed, in exclusion of persons having rights of common. And Lord Ellenborough observed, that "He saw no reason why the waste might not legally be granted out in this manner, although part of the manor were within a royal forest . The Crown may still exercise the same rights of forest over it as before. Whether the deer be excluded must depend upon the nature of the inclosures. If the fences erected are higher than are permitted by the laws of the forest, the forest officers may still interfere, and break them down. According to the custom, the grant is only to the exclusion and abolition of rights of common, not of the rights of forest. And his Lordship said, he knew instances in Wind. sor Forest, in which the Crown has made grants in severalty, reserving the rights of forest, with an advanced rent, while these rights shall not be exercised."

As observed in a recent work (b), & purlieu (which is derived by Lord Coke (c) from pure, clear, entire, and exempt, and lieu, a place,) is land adjoining to a forest, known by meers immoveable upon record, and which was formerly within the forest, but was disafforested by charta de foretta (d). The purlieu, however, notwithstanding this statute, still continues a forest, for many purposes relating to game (e), and is privileged in the protection of deer by various modern statutes (y>). The land is disafforested as to the particular owners of it, and for their benefit, and not generally so as to give liberty to every one to hunt; and if animals escape out of the forest into the purlieu, the King has a property in them against every one but the owner of the woods and lands in which they are, and such owners have a special property in them, ratione loci (g).

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But Lord Coke (a) says, that a man may as lawfully hunt, to all intents and purposes, within the purlieu in his own grounds, as any other owner may do in his grounds that never were afforested.

4. A Free chase is a right to hunt and kill game over a certain district, derivable from a royal grant, or immemorial usage which supposes it (ft). A chase differs from a forest, properly so called, principally in this respect, that a chase cannot be subject to the forest laws. It is an unenclosed place (c). And a man may have a chase in the ground of another as well as in his own, and the game therein is protected for his benefit, even from the owner of the land(rf). Not that the King has the power to grant a chase over the lands of a subject without his concurrence, or that the subject can, without the King's licence, make a legal and privileged chase over his own ground (e). The right to a chase over another's land originated from the grantees of chases selling their estates in antient times, reserving their rights of chase to themselves {f). There can, however, be no doubt, that the King has the prerogative of conferring this franchise over other lands than those of the grantee, with the consent of the owner; though, as observed by Mr. Cruise (g), it is probable that a chase was never granted over any grounds but those whereof the grantee was himself seized; and most of the antient grants of free chase and warren, (of which an infinite number are mentioned by Dugdale in his Baronage,) are confined to the demesne lands of the grantee.

The right to a free chase does not prevent the owner of the soil from cutting timber and wood growing upon it, though if he cut so much that there is not sufficient for covert, and to maintain the game, the King, or his grantee of the free chase, has his remedy (A).

5. A park is an enclosed chase, extending only over a man's

(a) 4 Inrt. 303. («) 11 Rep. 87. 2 Inst. 199.

(i) 2 Bla. Com. 38. (/) 2 Bla. Com. 39.

(c) 4 lust. 317, 8. Wood's lost. (g) 3 Cruise Dig. 293.

219,20. 2 Bla. Com. 38. (A) See Case of Forest, 12 Rep. 22.

(d) Ibid. Com. Dig. tit. Chase, B. 4 lust. 298.

own own ground, to constitute which three things are required (a) r First, a grant or licence from the King, (and there can be no doubt the King may confer the privilege at the present day,) or there must be immemorial prescription; secondly, enclosures by pales, walls, or hedges, though if a legal park, by grant or prescription, has laid open for forty years or more, it may be revived by enclosing it again, &c. (b); thirdly, beasts of the park, such as bucks, does, &c. and, therefore, if there be a grant of a park, "excepting the deer," the exception is void(c). And where all the deer are destroyed, the district shall no more be accounted a park (d).

Manwood says(e), that in many forests there are parks which the owners claim, either by grant from the King, or by prescription. And, if a subject is owner of B forest, he may give licence to another to make and enclose a park within the meers of his forest, and to hold the same as enclosed, with all such venison as the grantee shall put in, to him and his heirs. And this was adjudged a good licence, in a claim made in Eyre; but, if such park is so slightly enclosed and fenced, that the wild beasts of the forest do enter, the lord of the forest may, in such case, enter and hunt them at his pleasure. .

Parks as well as chases, are subject to the common law, and are not under the jurisdiction of the forest laws {J").

If any one should erect and assume to possess a privileged park without the King's licence, a quo warranto may be granted, and the park destroyed (g).' . *...

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6. A Free Warren is extremely similar to a chase, and is usually united with it, being a place privileged for the keeping of beasts and fowls of warren (A), on certain lands, either of the proprietor of the warren or other person, as in the case of a chase (i). This privilege also can only be claimed from the

(a) Fee 3 Cruise Dig. 29*. I Chitty, 233, a. Com. Dig. Chase, F. The

G. L. 18, 19. beasts are hares, conies, and roes J the

(A) Cro. Jac. 755. fowls are either campeslret, as part

(c) 2 Roll's Rep. 27G. ridges, rails, and quails; or syleestres,

(d) Cro. Car. 60. as woodcocks and pheasants; or aqua(c) P. 224. tiles, as mallards and herons.

(/) 4 Inst. 314. (i) 1 Chitty, G. L. 19,40. 2 Bla.

(g) 1 Chitty, G. L. 19. Com. 38, 9.-. •

(A) These are described in Co. Lit.

Crown, Crown (a), otherwise, a quo warranto may be issued (b). As observed by Sir William Blackstone (e), "this franchise is now almost fallen into disregard, the name being now chiefly preserved in grounds that are set apart for breeding hares and rabbits." Such place any one may erect and possess; but the royal grant is necessary to confer on it peculiar properties and protection. It will be noticed hereafter how these franchises, forests, chases, parks, and warrens, may be lost .

7. Fisheries and Fish.—The King has an undoubted sovereignty and jurisdiction, which he has immemorially exercised through the medium of the Admiralty Courts, over the British seas, that is, the seas which encompass the four sides of the British islands; and other seas, arms of seas, and navigable (but not un navigable (d)) rivers, within and immediately connected with the territories subject to his sway (e).

The law of nations and the constitution of the country have clothed the Sovereign with this power, that he may defend his people and protect their commercial interests.

By implication of law the property in the soil under these public waters is also in the King (/). But in this, as in most other instances, the prerogative does not counteract or interfere with the natural right of the public to fish in the sea, in arms of the sea, and in creeks and navigable rivers, and to take fish found on the sea-shore between high and low water mark. This is one of the jura publico or communia (g), which never was vested exclusively in the Crown, and of course is not to be considered as a regal franchise.

Notwithstanding this public right of fishery, to which the prerogative of the King is subservient, it appears that the King or one of his subjects may by prescription or immemorial usage (of which twenty years' uninterrupted enjoyment is

(a) 3 Cruise Dig. 295. (e) Seld. Mar. Hale de jure Maris,

(A) Ibid. Com. Dig. tit. Chase, D. &C.

(c) 2 Bla. Com. 39. (/) Post. c. 11. on Revenue.

(d) These belong to the owners of the (g) Ibid. Hale dc jure Mar. p. 1.

adjacent soil. Hale de jure Mar. p. 1. c. 4. Hargr. Tr. vol. I. p. 11. Dav.

c. 1. Hargr. Tr. vol. 1. p. 5. Davis's Rep. 55. 5 Bac. Ab. 49S, &c. Willes'

R. 57, a. b. 12 Mod. 510. 4 Burr. R. 265. 2 Bos. and Pul. 476. 2161. Selw. N. P. tit. Fishery.


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