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A royal forest, occasionally known as a kingswood (), is an area of land with different definitions in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
,
Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
,
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
and
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
. The term ''
forest A forest is an area of land dominated by trees. Hundreds of definitions of forest are used throughout the world, incorporating factors such as tree density, tree height, land use, legal standing, and ecological function. The United Nations' ...
'' in the ordinary modern understanding refers to an area of wooded land; however, the original medieval sense was closer to the modern idea of a "preserve" – i.e. land legally set aside for specific purposes such as royal hunting – with less emphasis on its composition. There are also differing and contextual interpretations in
Continental Europe Continental Europe or mainland Europe is the contiguous continent of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by ...
derived from the
Carolingian The Carolingian dynasty (; known variously as the Carlovingians, Carolingus, Carolings, Karolinger or Karlings) was a Frankish noble family named after Charlemagne, grandson of mayor Charles Martel and a descendant of the Arnulfing and Pippi ...
and
Merovingian The Merovingian dynasty () was the ruling family of the Franks from the middle of the 5th century until 751. They first appear as "Kings of the Franks" in the Roman army of northern Gaul. By 509 they had united all the Franks and northern Gaul ...
legal systems. In
Anglo-Saxon England Anglo-Saxon England or Early Medieval England, existing from the 5th to the 11th centuries from the end of Roman Britain until the Norman conquest in 1066, consisted of various Anglo-Saxon kingdoms until 927, when it was united as the Kingdom of ...
, though the kings were great huntsmen, they never set aside areas declared to be "outside" (Latin ''foris'') the law of the land.
H. R. Loyn Henry Royston Loyn (16 June 1922 – 9 October 2000), FBA, was a British historian specialising in the history of Anglo-Saxon England. His eminence in his field made him a natural candidate to run the Sylloge of the Coins of the British Isles, w ...
, ''Anglo-Saxon England and the Norman Conquest'' 2nd ed. 1991:378-82.
Historians find no evidence of the Anglo-Saxon monarchs (c. 500 to 1066) creating forests. However, under the Norman kings (after 1066), by royal prerogative forest law was widely applied. The law was designed to protect the ''
venison Venison originally meant the meat of a game animal but now refers primarily to the meat of antlered ungulates such as elk or deer (or antelope in South Africa). Venison can be used to refer to any part of the animal, so long as it is edibl ...
'' and the ''vert'', the "noble" animals of the chase – notably red and
fallow deer ''Dama'' is a genus of deer in the subfamily Cervinae, commonly referred to as fallow deer. Name The name fallow is derived from the deer's pale brown colour. The Latin word ''dāma'' or ''damma'', used for roe deer, gazelles, and antelopes ...
, the
roe deer The roe deer (''Capreolus capreolus''), also known as the roe, western roe deer, or European roe, is a species of deer. The male of the species is sometimes referred to as a roebuck. The roe is a small deer, reddish and grey-brown, and well-adapt ...
, and the
wild boar The wild boar (''Sus scrofa''), also known as the wild swine, common wild pig, Eurasian wild pig, or simply wild pig, is a suid native to much of Eurasia and North Africa, and has been introduced to the Americas and Oceania. The species i ...
 – and the greenery that sustained them. Forests were designed as hunting areas reserved for the
monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
or (by invitation) the
aristocracy Aristocracy (, ) is a form of government that places strength in the hands of a small, privileged ruling class, the aristocrats. The term derives from the el, αριστοκρατία (), meaning 'rule of the best'. At the time of the word' ...
. The concept was introduced by the
Normans The Normans ( Norman: ''Normaunds''; french: Normands; la, Nortmanni/Normanni) were a population arising in the medieval Duchy of Normandy from the intermingling between Norse Viking settlers and indigenous West Franks and Gallo-Romans. ...
to England in the 11th century, and at the height of this practice in the late 12th and early 13th centuries, fully one-third of the land area of
Southern England Southern England, or the South of England, also known as the South, is an area of England consisting of its southernmost part, with cultural, economic and political differences from the Midlands and the North. Officially, the area includes ...
was designated as royal forest; at one stage in the 12th century, all of
Essex Essex () is a Ceremonial counties of England, county in the East of England. One of the home counties, it borders Suffolk and Cambridgeshire to the north, the North Sea to the east, Hertfordshire to the west, Kent across the estuary of the Riv ...
was afforested, and on his accession Henry II declared all of
Huntingdonshire Huntingdonshire (; abbreviated Hunts) is a non-metropolitan district of Cambridgeshire and a historic county of England. The district council is based in Huntingdon. Other towns include St Ives, Godmanchester, St Neots and Ramsey. The popu ...
to be a forest. Afforestation, in particular the creation of the New Forest, figured large in the folk history of the "
Norman yoke The Norman yoke is a term denoting the oppressive aspects of feudalism in England, attributed to the impositions of William the Conqueror, the first Norman king of England, his retainers and their descendants. The term was used in English natio ...
", which magnified what was already a grave social ill: "the picture of prosperous settlements disrupted, houses burned,
peasant A peasant is a pre-industrial agricultural laborer or a farmer with limited land-ownership, especially one living in the Middle Ages under feudalism and paying rent, tax, fees, or services to a landlord. In Europe, three classes of peasa ...
s evicted, all to serve the pleasure of the foreign tyrant, is a familiar element in the English national story .... The extent and intensity of hardship and of depopulation have been exaggerated",
H. R. Loyn Henry Royston Loyn (16 June 1922 – 9 October 2000), FBA, was a British historian specialising in the history of Anglo-Saxon England. His eminence in his field made him a natural candidate to run the Sylloge of the Coins of the British Isles, w ...
observed. Forest law prescribed harsh punishment for anyone who committed any of a range of offences within the forests; by the mid-17th century, enforcement of this law had died out, but many of England's woodlands still bore the title "Royal Forest". During the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
, the practice of reserving areas of land for the sole use of the aristocracy was common throughout Europe. Royal forests usually included large areas of
heath A heath () is a shrubland habitat found mainly on free-draining infertile, acidic soils and characterised by open, low-growing woody vegetation. Moorland is generally related to high-ground heaths with—especially in Great Britain—a cooler a ...
,
grassland A grassland is an area where the vegetation is dominated by grasses ( Poaceae). However, sedge ( Cyperaceae) and rush ( Juncaceae) can also be found along with variable proportions of legumes, like clover, and other herbs. Grasslands occur na ...
and
wetland A wetland is a distinct ecosystem that is flooded or saturated by water, either permanently (for years or decades) or seasonally (for weeks or months). Flooding results in oxygen-free (Anoxic waters, anoxic) processes prevailing, especially in t ...
 – anywhere that supported
deer Deer or true deer are hoofed ruminant mammals forming the family Cervidae. The two main groups of deer are the Cervinae, including the muntjac, the elk (wapiti), the red deer, and the fallow deer; and the Capreolinae, including the re ...
and other
game A game is a structured form of play, usually undertaken for entertainment or fun, and sometimes used as an educational tool. Many games are also considered to be work (such as professional players of spectator sports or games) or art (suc ...
. In addition, when an area was initially designated forest, any villages, towns and fields that lay within it were also subject to forest law. This could foster resentment as the local inhabitants were then restricted in the use of land they had previously relied upon for their livelihoods; however, common rights were not extinguished, but merely curtailed.


Areas chosen for Royal Forests

The areas that became Royal Forests were already relatively wild and sparsely populated, and can be related to specific geographic features that made them harder to work as farmland. Prosperous, well-farmed areas were not generally chosen to be afforested; if they were, they tended to lose the status fairly rapidly. In the
South West The points of the compass are a set of horizontal, radially arrayed compass directions (or azimuths) used in navigation and cartography. A compass rose is primarily composed of four cardinal directions—north, east, south, and west—each sep ...
of England, forests extended across the
Upper Jurassic The Late Jurassic is the third epoch of the Jurassic Period, and it spans the geologic time from 163.5 ± 1.0 to 145.0 ± 0.8 million years ago (Ma), which is preserved in Upper Jurassic strata.Owen 1987. In European lithostratigraphy, the name ...
Clay Vale.Grant, p5 In
the Midlands The Midlands (also referred to as Central England) are a part of England that broadly correspond to the Kingdom of Mercia of the Early Middle Ages, bordered by Wales, Northern England and Southern England. The Midlands were important in the In ...
, the clay plain surrounding the
River Severn , name_etymology = , image = SevernFromCastleCB.JPG , image_size = 288 , image_caption = The river seen from Shrewsbury Castle , map = RiverSevernMap.jpg , map_size = 288 , map_c ...
was heavily wooded. Clay soils in
Oxfordshire Oxfordshire is a ceremonial and non-metropolitan county in the north west of South East England. It is a mainly rural county, with its largest settlement being the city of Oxford. The county is a centre of research and development, primaril ...
,
Buckinghamshire Buckinghamshire (), abbreviated Bucks, is a ceremonial county in South East England that borders Greater London to the south-east, Berkshire to the south, Oxfordshire to the west, Northamptonshire to the north, Bedfordshire to the north-e ...
,
Huntingdonshire Huntingdonshire (; abbreviated Hunts) is a non-metropolitan district of Cambridgeshire and a historic county of England. The district council is based in Huntingdon. Other towns include St Ives, Godmanchester, St Neots and Ramsey. The popu ...
and
Northamptonshire Northamptonshire (; abbreviated Northants.) is a county in the East Midlands of England. In 2015, it had a population of 723,000. The county is administered by two unitary authorities: North Northamptonshire and West Northamptonshire. It ...
formed another belt of woodlands. In
Hampshire Hampshire (, ; abbreviated to Hants) is a ceremonial and non-metropolitan county in western South East England on the coast of the English Channel. Home to two major English cities on its south coast, Southampton and Portsmouth, Hampshire ...
,
Berkshire Berkshire ( ; in the 17th century sometimes spelt phonetically as Barkeshire; abbreviated Berks.) is a historic county in South East England. One of the home counties, Berkshire was recognised by Queen Elizabeth II as the Royal County of Ber ...
and
Surrey Surrey () is a ceremonial county, ceremonial and non-metropolitan county, non-metropolitan counties of England, county in South East England, bordering Greater London to the south west. Surrey has a large rural area, and several significant ur ...
, woodlands were established on sandy, gravelly acid soils. In the Scots Highlands, a "deer forest" generally has no trees at all. Marshlands in
Lincolnshire Lincolnshire (abbreviated Lincs.) is a Counties of England, county in the East Midlands of England, with a long coastline on the North Sea to the east. It borders Norfolk to the south-east, Cambridgeshire to the south, Rutland to the south-we ...
were afforested. Upland moors too were chosen, such as Dartmoor and
Exmoor Exmoor is loosely defined as an area of hilly open moorland in west Somerset and north Devon in South West England. It is named after the River Exe, the source of which is situated in the centre of the area, two miles north-west of Simonsbath ...
in the South West, and the Peak Forest of
Derbyshire Derbyshire ( ) is a ceremonial county in the East Midlands, England. It includes much of the Peak District National Park, the southern end of the Pennine range of hills and part of the National Forest. It borders Greater Manchester to the nor ...
. The North Yorkshire moors, a sandstone plateau, had a number of Royal Forests.


Forest law

William the Conqueror William I; ang, WillelmI (Bates ''William the Conqueror'' p. 33– 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first Norman king of England, reigning from 1066 until his death in 10 ...
, a great lover of hunting, established the system of forest law. This operated outside the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
, and served to protect game animals and their forest habitat from destruction. In the year of his death, 1087, a poem, " The Rime of King William", inserted in the Peterborough Chronicle, expresses English indignation at the forest laws.


Offences

Offences in forest law were divided into two categories: trespass against the vert (the vegetation of the forest) and trespass against the venison (the game). The five animals of the forest protected by law were given by Manwood as the hart and hind (
red deer The red deer (''Cervus elaphus'') is one of the largest deer species. A male red deer is called a stag or hart, and a female is called a hind. The red deer inhabits most of Europe, the Caucasus Mountains region, Anatolia, Iran, and parts of ...
),
boar The wild boar (''Sus scrofa''), also known as the wild swine, common wild pig, Eurasian wild pig, or simply wild pig, is a suid native to much of Eurasia and North Africa, and has been introduced to the Americas and Oceania. The species is ...
,
hare Hares and jackrabbits are mammals belonging to the genus ''Lepus''. They are herbivores, and live solitarily or in pairs. They nest in slight depressions called forms, and their young are able to fend for themselves shortly after birth. The g ...
and
wolf The wolf (''Canis lupus''; : wolves), also known as the gray wolf or grey wolf, is a large canine native to Eurasia and North America. More than thirty subspecies of ''Canis lupus'' have been recognized, and gray wolves, as popularly un ...
. (In England, the boar became extinct in the wild by the 13th century, and the wolf by the late 15th century.) Protection was also said to be extended to the beasts of
chase Chase or CHASE may refer to: Businesses * Chase Bank, a national bank based in New York City, New York * Chase Aircraft (1943–1954), a defunct American aircraft manufacturing company * Chase Coaches, a defunct bus operator in England * Chase C ...
, the
buck Buck may refer to: Common meanings * A colloquialism for a dollar or similar currency * An adult male in some animal species - see List of animal names * Derby shoes, nicknamed "bucks" for the common use of buckskin in their making People * Buck ...
and doe (
fallow deer ''Dama'' is a genus of deer in the subfamily Cervinae, commonly referred to as fallow deer. Name The name fallow is derived from the deer's pale brown colour. The Latin word ''dāma'' or ''damma'', used for roe deer, gazelles, and antelopes ...
), fox,
marten A marten is a weasel-like mammal in the genus ''Martes'' within the subfamily Guloninae, in the family Mustelidae. They have bushy tails and large paws with partially retractile claws. The fur varies from yellowish to dark brown, depending on ...
, and
roe deer The roe deer (''Capreolus capreolus''), also known as the roe, western roe deer, or European roe, is a species of deer. The male of the species is sometimes referred to as a roebuck. The roe is a small deer, reddish and grey-brown, and well-adapt ...
, and the beasts and fowls of warren: the
hare Hares and jackrabbits are mammals belonging to the genus ''Lepus''. They are herbivores, and live solitarily or in pairs. They nest in slight depressions called forms, and their young are able to fend for themselves shortly after birth. The g ...
, coney,
pheasant Pheasants ( ) are birds of several genera within the family Phasianidae in the order Galliformes. Although they can be found all over the world in introduced (and captive) populations, the pheasant genera native range is restricted to Eurasia ...
, and partridge. In addition, inhabitants of the forest were forbidden to bear hunting weapons, and dogs were banned from the forest; mastiffs were permitted as watchdogs, but they had to have their front claws removed to prevent them from hunting game. The rights of chase and of warren (i.e. to hunt such beasts) were often granted to local nobility for a fee, but were a quite separate concept. Trespasses against the vert were extensive: they included ''purpresture'', ''
assarting Assarting is the act of clearing forested lands for use in agriculture or other purposes. In English land law, it was illegal to assart any part of a royal forest without permission. This was the greatest trespass that could be committed i ...
'', clearing forest land for agriculture, and felling trees or clearing shrubs, among others. These laws applied to any land within the boundary of the forest, even if it were freely owned; although the Charter of the Forest in 1217 established that all freemen owning land within the forest enjoyed the rights of ''
agistment Agistment originally referred specifically to the proceeds of pasturage in the king's forests. To agist is, in English law, to take cattle to graze, in exchange for payment (derived from the Old English ''giste'', ''gite'', a "lying place"). H ...
'' and ''
pannage Pannage (also referred to as ''Eichelmast'' or ''Eckerich'' in Germany, Switzerland, Liechtenstein, Luxembourg, Austria, Slovenia and Croatia) is the practice of releasing livestock- pigs in a forest, so that they can feed on fallen acorns, be ...
'' (see below). Under the forest laws, bloody hand was a kind of trespass by which the offender, being apprehended and found with his hands or other body part stained with blood, is judged to have killed the deer, even though he was not found hunting or chasing. Disafforested lands on the edge of the forest were known as purlieus; agriculture was permitted here and deer escaping from the forest into them were permitted to be killed if causing damage.


Rights and privileges

Payment for access to certain rights could provide a useful source of income. Local nobles could be granted a royal licence to take a certain amount of game. The common inhabitants of the forest might, depending on their location, possess a variety of rights: '' estover'', the right of taking firewood, ''
pannage Pannage (also referred to as ''Eichelmast'' or ''Eckerich'' in Germany, Switzerland, Liechtenstein, Luxembourg, Austria, Slovenia and Croatia) is the practice of releasing livestock- pigs in a forest, so that they can feed on fallen acorns, be ...
'', the right to pasture swine in the forest, ''
turbary Turbary is the ancient right to cut turf, or peat, for fuel on a particular area of bog. The word may also be used to describe the associated piece of bog or peatland and, by extension, the material extracted from the turbary. Turbary rights, whic ...
'', the right to cut turf (as fuel), and various other rights of pasturage (''
agistment Agistment originally referred specifically to the proceeds of pasturage in the king's forests. To agist is, in English law, to take cattle to graze, in exchange for payment (derived from the Old English ''giste'', ''gite'', a "lying place"). H ...
'') and harvesting the products of the forest. Land might be disafforested entirely, or permission given for
assart Assarting is the act of clearing forested lands for use in agriculture or other purposes. In English land law, it was illegal to assart any part of a royal forest without permission. This was the greatest trespass that could be committed in a ...
and purpresture.


Officers

The justices of the forest were the justices in eyre and the
verderer Verderers are forestry officials in England who deal with common land in certain former royal hunting areas which are the property of the Crown. The office was developed in the Middle Ages to administer forest law on behalf of the King. Verde ...
s. The chief royal official was the warden. As he was often an eminent and preoccupied magnate, his powers were frequently exercised by a deputy. He supervised the foresters and under-foresters, who personally went about preserving the forest and game and apprehending offenders against the law. The agisters supervised pannage and agistment and collected any fees thereto appertaining. The nomenclature of the officers can be somewhat confusing: the rank immediately below the constable were referred to as foresters-in-fee, or, later, ''woodwards'', who held land in the forest in exchange for a rent, and advised the warden. They exercised various privileges within their
bailiwick A bailiwick () is usually the area of jurisdiction of a bailiff, and once also applied to territories in which a privately appointed bailiff exercised the sheriff's functions under a royal or imperial writ. The bailiwick is probably modelled on th ...
s. Their subordinates were the under-foresters, later referred to as rangers. The rangers are sometimes said to be patrollers of the purlieu. Another group, called serjeants-in-fee, and later, foresters-in-fee (not to be confused with the above), held small estates in return for their service in patrolling the forest and apprehending offenders. The forests also had surveyors, who determined the boundaries of the forest, and ''regarders''. These last reported to the court of justice-seat and investigated encroachments on the forest and invasion of royal rights, such as assarting. While their visits were infrequent, due to the interval of time between courts, they provided a check against collusion between the foresters and local offenders.


Courts

Blackstone gives the following outline of the forest courts, as theoretically constructed: *Court of attachment, sometimes called the ''Forty-Day Court'' or ''Woodmote''. This court was held every forty days, and was presided over by verderers and the Warden, or his deputy. The foresters attached persons who had committed crimes against the forest law and brought them before this court to have them enrolled; however, it did not possess the power to try or convict individuals, and such cases had to be passed upwards to the swainmote or the court of justice seat. *Court of regard, held every third year to enforce the law requiring declawing of dogs within the forest. *Swainmote or ''Sweinmote'' was held three times a year: the fortnight before the feast of St. Michael, about the feast of St. Martin, and the fortnight before the feast of St. John the Baptist. It was presided over by the Warden and verderers, the foresters and agisters being in attendance. The first two occasions were to regulate agistment and pannage, respectively; the third was for the purpose of trying offenders before a jury of swains, or freemen of the forest. (The name of the court is sometimes said to be derived from swine, probably a misapprehension through its regulation of pannage.) *Court of justice-seat or ''eyre'' was the highest of the forest courts. It was to be held every three years, to be announced forty days in advance, and was presided over by a
Justice in Eyre In English law, the justices in eyre were the highest magistrates, and presided over the ''court of justice-seat'', a triennial court held to punish offenders against the forest law and enquire into the state of the forest and its officers ('' eyr ...
. It was, in theory, the only court that could pass sentence upon offenders of the forest laws. In practice, these fine distinctions were not always observed. In the
Forest of Dean The Forest of Dean is a geographical, historical and cultural region in the western part of the county of Gloucestershire, England. It forms a roughly triangular plateau bounded by the River Wye to the west and northwest, Herefordshire to ...
, swainmote and the court of attachment seem to have been one and the same throughout most of its history. As the courts of justice-seat were held less frequently, the lower courts assumed the power to fine offenders against the forest laws, according to a fixed schedule. The courts of justice-seat crept into disuse, and in 1817, the office of Justice in Eyre was abolished and its powers transferred to the
First Commissioner of Woods and Forests The Commissioners of Woods, Forests and Land Revenues were established in the United Kingdom in 1810 by merging the former offices of Surveyor General of Woods, Forests, Parks, and Chases and Surveyor General of the Land Revenues of the Crown i ...
. Courts of swainmote and attachment went out of existence at various dates in the different forests. A Court of Swainmote was re-established in the New Forest in 1877.


History

Since the
conquest Conquest is the act of military subjugation of an enemy by force of arms. Military history provides many examples of conquest: the Roman conquest of Britain, the Mauryan conquest of Afghanistan and of vast areas of the Indian subcontinent, ...
of England, the forest, chase and warren lands had been exempted from the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
and subject only to the authority of the king, but these customs had faded into obscurity by time of The Restoration.


William the Conqueror

William I William I; ang, WillelmI (Bates ''William the Conqueror'' p. 33– 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first Norman king of England, reigning from 1066 until his death in 10 ...
, original enactor of the Forest Law in England, did not harshly penalise offenders. The accusation that he "laid a law upon it, that whoever slew hart or hind should be blinded," according to the ''
Anglo-Saxon Chronicle The ''Anglo-Saxon Chronicle'' is a collection of annals in Old English, chronicling the history of the Anglo-Saxons. The original manuscript of the ''Chronicle'' was created late in the 9th century, probably in Wessex, during the reign of A ...
'' is little more than propaganda. William Rufus, also a keen hunter, increased the severity of the penalties for various offences to include death and mutilation. The laws were in part codified under the Assize of the Forest (1184) of Henry II.


Magna Carta

Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by t ...
, the
charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the re ...
forced upon King
John of England John (24 December 1166 – 19 October 1216) was King of England from 1199 until his death in 1216. He lost the Duchy of Normandy and most of his other French lands to King Philip II of France, resulting in the collapse of the Angevin ...
by the English barons in 1215, contained five clauses relating to royal forests. They aimed to limit, and even reduce, the King's sole rights as enshrined in forest law. The clauses were as follows (taken from translation of the great charter (Magna Carta)): * (44) People who live outside the forest need not in future appear before the Royal Justices of the Forest in answer to general summonses, unless they are actually involved in proceedings or are sureties for someone who has been seized for a forest offence. * (47) All forests that have been created in our reign shall at once be disafforested. River-banks that have been enclosed in our reign shall be treated similarly. * (48) All evil customs relating to forests and warrens, foresters, warreners, sheriffs and their servants, or river-banks and their wardens, are at once to be investigated in every county by twelve sworn knights of the county, and within forty days of their enquiry the evil customs are to be abolished completely and irrevocably. But we, or our chief justice if we are not in England, are first to be informed. * (52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. In cases of dispute the matter shall be resolved by the judgement of the twenty-five barons referred to below in the clause for securing the peace (§ 61). In cases, however, where a man was deprived or dispossessed of something without the lawful judgement of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at once render justice in full. * (53) We shall have similar respite o that in clause 52in rendering justice in connexion with forests that are to be disafforested, or to remain forests, when these were first afforested by our father Henry or our brother Richard; with the guardianship of lands in another person's `fee', when we have hitherto had this by virtue of a `fee' held of us for knight's service by a third party; and with abbeys founded in another person's `fee', in which the lord of the `fee' claims to own a right. On our return from the Crusade, or if we abandon it, we will at once do full justice to complaints about these matters.


Charter of the Forest

After the death of John, Henry III was compelled to grant the Charter of the Forest (1217), which further reformed the forest law and established the rights of agistment and pannage on private land within the forests. It also checked certain of the extortions of the foresters. An "Ordinance of the Forest" under
Edward I Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vas ...
again checked the oppression of the officers, and introduced sworn juries in the forest courts.


Great Perambulation and after

In 1300 many (if not all) forests were perambulated and reduced greatly in their extent, in theory to their extent in the time of Henry II. However, this depended on the determination of local juries, whose decisions often excluded from the Forest lands described in
Domesday Book Domesday Book () – the Middle English spelling of "Doomsday Book" – is a manuscript record of the "Great Survey" of much of England and parts of Wales completed in 1086 by order of King William I, known as William the Conqueror. The manusc ...
as within the forest. Successive kings tried to recover the "purlieus" excluded from a forest by the Great Perambulation of 1300. Forest officers periodically fined the inhabitants of the purlieus for failing to attend Forest Court or for forest offences. This led to complaints in Parliament. The king promised to remedy the grievances, but usually did nothing. Several forests were alienated by
Richard II Richard II (6 January 1367 – ), also known as Richard of Bordeaux, was King of England from 1377 until he was deposed in 1399. He was the son of Edward the Black Prince, Prince of Wales, and Joan, Countess of Kent. Richard's father ...
and his successors, but generally the system decayed. Henry VII revived "Swainmotes" (forest courts) for several forests and held Forest Eyres in some of them.
Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
in 1547 placed the forests under the Court of Augmentations with two Masters and two Surveyors-General. On the abolition of that court, the two surveyors-general became responsible to the Exchequer. Their respective divisions were north and south of the
River Trent The Trent is the third-longest river in the United Kingdom. Its source is in Staffordshire, on the southern edge of Biddulph Moor. It flows through and drains the North Midlands. The river is known for dramatic flooding after storms and ...
. The last serious exercise of forest law by a court of justice-seat (Forest Eyre) seems to have been in about 1635, in an attempt to raise money.


Disafforestation, sale of forest lands and the Western Rising

By the
Tudor period The Tudor period occurred between 1485 and 1603 in England and Wales and includes the Elizabethan period during the reign of Elizabeth I until 1603. The Tudor period coincides with the dynasty of the House of Tudor in England that began wit ...
and after, forest law had largely become anachronistic, and served primarily to protect timber in the royal forests.
James I James I may refer to: People *James I of Aragon (1208–1276) *James I of Sicily or James II of Aragon (1267–1327) *James I, Count of La Marche (1319–1362), Count of Ponthieu *James I, Count of Urgell (1321–1347) *James I of Cyprus (1334–13 ...
and his ministers Robert Cecil and Lionel Cranfield pursued a policy of increasing revenues from the forests and starting the process of disafforestation.Sharp, p56 Cecil made the first steps towards abolition of the forests, as part of James I's policy of increasing his income independently of Parliament. Cecil investigated forests that were unused for royal hunting and provided little revenue from timber sales.
Knaresborough Forest The Forest of Knaresborough was a royal hunting forest in Yorkshire, England. It covered an area of some west and south of the town of Knaresborough, between the River Nidd and the River Wharfe, then in the West Riding of Yorkshire and now in N ...
in Yorkshire was abolished. Revenues in the Forest of Dean were increased through sales of wood for iron smelting. Enclosures were made in Chippenham and Blackmore for herbage and pannage. Cranfield commissioned surveys into
assart Assarting is the act of clearing forested lands for use in agriculture or other purposes. In English land law, it was illegal to assart any part of a royal forest without permission. This was the greatest trespass that could be committed in a ...
lands of various forests, including Feckenham, Sedgemoor and Selwood, laying the foundations of the wide scale abolition of forests under
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
. The commissioners appointed raised over £25,000 by compounding with occupiers, whose ownership was confirmed, subject to a fixed rent. Cranfield's work led directly to the disafforestation of Gillingham Forest in Dorset and Chippenham and Blackmore in Wiltshire. Additionally, he created the model for abolition of the forests followed throughout the 1630s.Sharp, p56-57 Each disafforestation would start with a commission from the Exchequer, which would survey the forest, determine the lands belonging to the crown, and negotiate compensation for landowners and tenants whose now-traditional rights to use of the land as commons would be revoked. A legal action by the Attorney General would then proceed in the Court of Exchequer against the forest residents for intrusion, which would confirm the settlement negotiated by the commission. Crown lands would then be granted (leased), usually to prominent courtiers, and often the same figures that had undertaken the commission surveys. Legal complaints about the imposed settlements and compensation were frequent. The disafforestations caused riots and Skimmington processions resulting in the destruction of enclosures and reoccupation of grazing lands in a number of West Country forests, including Gillingham, Braydon and Dean, known as the Western Rising. Riots also took place in Feckenham, Leicester and Malvern. The riots followed the physical enclosure of lands previously used as commons, and frequently led to the destruction of fencing and hedges. Some were said to have had a "warlike" character, with armed mobs numbering hundreds, for instance in Feckenham. The rioters in Dean fully destroyed the enclosures surrounding 3,000 acres in groups that numbered thousands of participants. The disturbances tended to involve artisans and cottagers who were not entitled to compensation. The riots were hard to enforce against, due to the lack of efficient militia, and the low born nature of the participants. Ultimately, however, enclosure succeeded, with the exceptions of Dean and Malvern Chase.


After the Restoration

The Forest of Dean was legally re-established in 1668. A Forest Eyre was held for the New Forest in 1670, and a few for other forests in the 1660s and 1670s, but these were the last. From 1715, both surveyor's posts were held by the same person. The remaining royal forests continued to be managed (in theory, at least) on behalf of the crown. However, the commoners' rights of grazing often seem to have been more important than the rights of the crown. In the late 1780s a Royal Commission was appointed to inquire into the condition of Crown woods and those surviving. North of the Trent it found
Sherwood Forest Sherwood Forest is a royal forest in Nottinghamshire, England, famous because of its historic association with the legend of Robin Hood. The area has been wooded since the end of the Last Glacial Period (as attested by pollen sampling cor ...
survived, south of it: the New Forest, three others in
Hampshire Hampshire (, ; abbreviated to Hants) is a ceremonial and non-metropolitan county in western South East England on the coast of the English Channel. Home to two major English cities on its south coast, Southampton and Portsmouth, Hampshire ...
, Windsor Forest in
Berkshire Berkshire ( ; in the 17th century sometimes spelt phonetically as Barkeshire; abbreviated Berks.) is a historic county in South East England. One of the home counties, Berkshire was recognised by Queen Elizabeth II as the Royal County of Ber ...
, the
Forest of Dean The Forest of Dean is a geographical, historical and cultural region in the western part of the county of Gloucestershire, England. It forms a roughly triangular plateau bounded by the River Wye to the west and northwest, Herefordshire to ...
in
Gloucestershire Gloucestershire ( abbreviated Glos) is a county in South West England. The county comprises part of the Cotswold Hills, part of the flat fertile valley of the River Severn and the entire Forest of Dean. The county town is the city of ...
, Waltham or Epping Forest in Essex, three forests in
Northamptonshire Northamptonshire (; abbreviated Northants.) is a county in the East Midlands of England. In 2015, it had a population of 723,000. The county is administered by two unitary authorities: North Northamptonshire and West Northamptonshire. It ...
, and
Wychwood Wychwood or Wychwood Forest is a biological Site of Special Scientific Interest north of Witney in Oxfordshire. It is also a Nature Conservation Review site, Grade 1, and an area of is a national nature reserve The site contains a long barro ...
in
Oxfordshire Oxfordshire is a ceremonial and non-metropolitan county in the north west of South East England. It is a mainly rural county, with its largest settlement being the city of Oxford. The county is a centre of research and development, primaril ...
. Some of these no longer had swainmote courts thus no official supervision. They divided the remaining forests into two classes, those with and without the Crown as major landowner. In certain Hampshire forests and the Forest of Dean, most of the soil belonged to the Crown and these should be reserved to grow timber, to meet the need for oak for
shipbuilding Shipbuilding is the construction of ships and other floating vessels. It normally takes place in a specialized facility known as a shipyard. Shipbuilders, also called shipwrights, follow a specialized occupation that traces its roots to bef ...
. The others would be inclosed, the Crown receiving an "allotment" (compensation) in lieu of its rights. In 1810, responsibility for woods was moved from Surveyors-General (who accounted to the Auditors of Land Revenue) to a new Commission of Woods, Forests, and Land Revenues. From 1832 to 1851 "Works and Buildings" were added to their responsibilities. In 1851, the commissioners again became a Commissioner of Woods, Forests and Land Revenues. In 1924, the Royal Forests were transferred to the new
Forestry Commission The Forestry Commission is a non-ministerial government department responsible for the management of publicly owned forests and the regulation of both public and private forestry in England. The Forestry Commission was previously also resp ...
(now Forestry England).


Surviving ancient forests


Forest of Dean

The Forest of Dean was used as a source of
charcoal Charcoal is a lightweight black carbon residue produced by strongly heating wood (or other animal and plant materials) in minimal oxygen to remove all water and volatile constituents. In the traditional version of this pyrolysis process, ...
for ironmaking within the Forest from 1612 until about 1670. It was the subject of a Reafforestation Act in 1667. Courts continued to be held at the
Speech House The Speech House was the administrative building of the Forest of Dean in Gloucestershire, England, lying at the centre of the forest on the road from Coleford to Cinderford.Brooks & Verey The building was originally constructed as a hunting lo ...
, for example to regulate the activities of the Freeminers. The sale of
cordwood Cordwood construction (also called cordwood masonry or cordwood building, alternatively stackwall or stovewood) is a term used for a natural building method in which short logs are piled crosswise to build a wall, using mortar or cob to perm ...
for charcoal continued until at least the late 18th century. Deer were removed in 1850. The forest is today heavily wooded, as is a substantial formerly privately owned area to the west, now treated as part of the forest. It is managed by Forestry England.


Epping Forest

The extent of Epping Forest was greatly reduced by inclosure by landowners. The
Corporation of London The City of London Corporation, officially and legally the Mayor and Commonalty and Citizens of the City of London, is the municipal governing body of the City of London, the historic centre of London and the location of much of the United Ki ...
wished to see it preserved as an open space and obtained an
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in p ...
to throw open some that had been inclosed in the preceding 20 years. In 1875 and 1876, it bought of open waste land. Under the Epping Forest Act 1878, the forest was disafforested and forest law abolished in respect of it. Instead the corporation was appointed as Conservators of the Forest. The forest is managed through the Epping Forest Committee.


New Forest

The New Forest is home to the British cultural minority know as New Forest Commoners. An Act was passed to remove the deer in 1851, but abandoned when it was realised that the deer were needed to keep open the unwooded "lawns" of the forest. An attempt was made to develop the forest for growing wood by a rolling programme of inclosures. In 1875, a
Select committee Select committee may refer to: *Select committee (parliamentary system) A select committee is a committee made up of a small number of parliamentary members appointed to deal with particular areas or issues originating in the Westminster system o ...
of the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
recommended against this, leading to the passage of the New Forest Act 1877, which limited the Crown's right to inclose, regulated common rights, and reconstituted the Court of Verderers. A further Act was passed in 1964. This forest is also managed by Forestry England.


Sherwood Forest

A forest since the end of the
Ice Age An ice age is a long period of reduction in the temperature of Earth's surface and atmosphere, resulting in the presence or expansion of continental and polar ice sheets and alpine glaciers. Earth's climate alternates between ice ages and gre ...
(as attested by pollen sampling cores), Sherwood Forest National Nature Reserve today encompasses 423.2 hectares, (1,045 acres) surrounding the village of Edwinstowe, the site of Thoresby Hall. The core of the forest is the
Special Area of Conservation A Special Area of Conservation (SAC) is defined in the European Union's Habitats Directive (92/43/EEC), also known as the ''Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora''. They are to protect the 220 habitats and a ...
named
Birklands and Bilhaugh Sherwood Forest is a royal forest in Nottinghamshire, England, famous because of its historic association with the legend of Robin Hood. The area has been wooded since the end of the Last Glacial Period (as attested by pollen sampling cores ...
. It is a remnant of an older, much larger, royal hunting forest, which derived its name from its status as the ''
shire Shire is a traditional term for an administrative division of land in Great Britain and some other English-speaking countries such as Australia and New Zealand. It is generally synonymous with county. It was first used in Wessex from the begin ...
(or sher) wood'' of Nottinghamshire, which extended into several neighbouring counties (shires), bordered on the west along the
River Erewash The River Erewash is a river in England, a tributary of the River Trent that flows roughly southwards through Derbyshire, close to its eastern border with Nottinghamshire. Etymology The approximate meaning of the name is not in doubt, b ...
and the Forest of East Derbyshire. When the
Domesday Book Domesday Book () – the Middle English spelling of "Doomsday Book" – is a manuscript record of the "Great Survey" of much of England and parts of Wales completed in 1086 by order of King William I, known as William the Conqueror. The manusc ...
was compiled in 1086, the forest covered perhaps a quarter of Nottinghamshire in woodland and heath subject to the forest laws.


Royal forests by county


England


Ireland

Only one royal forest is known to have been formed in the Lordship of Ireland.


See also

*
Ancient woodland In the United Kingdom, an ancient woodland is a woodland that has existed continuously since 1600 or before in England, Wales and Northern Ireland (or 1750 in Scotland). Planting of woodland was uncommon before those dates, so a wood present in 16 ...
*
Crown land Crown land (sometimes spelled crownland), also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it ...
*
Deer park (England) In medieval and Early Modern England, Wales and Ireland, a deer park () was an enclosed area containing deer. It was bounded by a ditch and bank with a wooden park pale on top of the bank, or by a stone or brick wall. The ditch was on the in ...
*
English land law English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
* English Lowlands beech forests * Perambulation * History of the forest in Central Europe *
Verderer Verderers are forestry officials in England who deal with common land in certain former royal hunting areas which are the property of the Crown. The office was developed in the Middle Ages to administer forest law on behalf of the King. Verde ...


References


Specific


Bibliography

*Margaret Ley Bazeley, 'The Extent of the English Forest in the Thirteenth Century', ''Transactions of the Royal Historical Society'', 4th Ser., Vol. 4. (1921), pp. 140–172. *Gilbert, J.M. ''Hunting and Hunting Reserves in Medieval Scotland'' Edinburgh: John Donald Ltd 1979 * * * * * * *


External links


St. John's College project: Forests and Chases in England and Wales, c. 1000 to c. 1850.
* *{{cite Americana, wstitle=Forest Laws, short=x
The Gentleman's Magazine. Expeditating or Lawing the feet of dogs.Les Termes de la Ley: Expeditate.Charta Forestae.
Landscape history Forests and woodlands of England Landscape design history Land management in the United Kingdom English forest law Types of formally designated forests History of forestry