The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-06-24
FOREST LANS
OF ENGLAND
Of Time When Trees Were
Cover for Game
OLD ENGLISH CUSTOMS
Beast Considered More I'M
portant Than Freeman
OLD ENGLISH CUSTOMS

In AIanwoOd's Forest Laws a famous
work which was published in the days Of
good Queen Bess. a forest is defined as a
certain territory OF woody grounds and
pastures, set apart for the conservation
Of game for the kings hunt. THE SOW
ereign alone" says ManwOod, ''can make
q forest and by the sovereign alone can
it be held. II the king makes a grant Of
a forest TO a subject il by that act ceases
TO be forest and becomes a chase park
or warren
The first forest laws are game laws
The trees. which we regard as the forest
itself. are regarded by medieval legisla-
tors merely as cover for game. a forest
must always have beasts of venerie abid-
ing in it. says Manwood, otherwise it
is no forest
Elsewhere he tells us that a forest IS
STORED with great woods for the secret
abode of the wild beasts and also with
fruitful pastures for their feeding
1t thus appears that in old English law
a forest is a royal hunting ground inclUd-
ing both wooded and open land. wherein
all persons are forbidden 10 kill game
without permission from the king. When
word occurs in old stories and songs It
generally has this Specification Sherwood
Forest, the haunt of Robin Hood and his
merry men in green. was partly timber,
partly tracts of greensward, and partly
rough ground covered with gorse and
heather.
The forester of today is the protector OF
the trees. The forester of early England
guarded the game. and thus insured good
hunting 10 the king and his favorites,
and behind him was the whole legislative
code, copious and rigorous, the forest
law.
The common law" says Green, ran
only where the plough ran. Marsh and
moor and woodland knew no master but
the king. no law but his absolute will,'
He was the legal successor Of the wild
beasts who were the very first lords OF
the soil. For in the days of good King
Alfred and before no measures were need
ed to preserve wild animals from man.
When Liverpool and Birmingham were
mere clusters Of hUts the concern Of their
inhabitants was 10 protect themselves
from the wolves which roved through
woodland and thicket hunting both men
and deer. The old Saxon name for Janu-
srdy-''wolf- moneth"-is evidence that
wolves were formerly very common in
England. So common were they, indeed
q thousand years ago that places Of re-
fuge from them were erected here and
there in the wilder and more sparsely
peopled districts.
Even in CanUte's time a good third OF
the land Of England was covered with
woods or thickets.
London craftsmen chased the wild boar
and the OK in the woods of Hamstead,
and wolves still prowled about the home
steads Of the north. But the woods
mans axe was ringing in the forest, VII
lagos were springng up in the clearings,
the stag and the bittern We're retreating
before the face Of man, and the king who
loved the chase thought it high time to
protect the wild deed.
So Canute gave to England its first code
of forest laws
He took a great delight and felicitie in
forests" says quaint Old Manwood. And
for the better preservation Of these privi-
legged places of pleasure he did establish
certain laws which, although that they
have been raked up a long time in obliv-
ion. are yet worthy to be remembered
again.
The tone Of this ancient code is DRAGON
ian. indeed. BY it If any man kill a
deer he shall lie and his property shall be
forfeit to the king. If ne chase a STAG I'M
til it pant he shall IL a freeman. be fined
ten shrlings can enormous sum in those
days.. or If he be d bondman he shall
lose his skin"
For the enforcing Of this old code the
king appointed in each province four chief
men called verderors or earls of the for
est. each of whom received for his fee
'two horses. one with a saddle and one
without. one sword. five lances. a shield,
spear. and two hundred shillings in sill
yer"
Under the verderors We're lesser officers
regarders, foresters. agisters or rangers
and woodwardes. all subject TO the YER
derors' orders and liable TO be corrected
end punished by them, and SO great vas
the authority Of the verderor over the
common people that should any man
ofrer force TO one Of them If he be a
freeman he shall lose his freedom and all
that he hath. and If he is a villain he
shall lose his right hand
Even the regarder. who may be brought
10 book and punished by the verderor is
30 great a dignitary that II any man do
strike a regarder in his anger he SHAH for
felt as II he had killed a royal beast
Now "A royal beast was hart which
had been hunted out Of the forest by the
4ung. In modern usage harts which are
crowned with those points ct the eNtrcm-
ity OF each horn are termed royal =
Tom Hood relates that when the nurses
il Tie ''nevyy'' was grOught 10 play with
the infant Miss Kilmansegg and 10 suffer
her naughty tempers-
They always gave him 70 understand,
AS he rubbed, poor soul.
His carroty poll.
That his hair had been pulled by an
heiress-
Ard ny like reasoning royal honors.
30 II seemed, were reflected upon the hap
less deer which had been harriod and ter
riAed by his Majes;y's hounds. Extra
penalties were in store for the slayer Of
a royal beeste' Because the king hath
hath hunted him out Of the forest and
cannot recover him. but is forced 10 leave
him in danger. - he hunted and killed
by others then the king proclsirs him in
sll the villages around that he may have
peace till his safe return 10 the forest
sgain-for within the forest he IS in
sanctuary of peace
But without the forest he Is a hart
royal proclaimed and for his staying 4
freeman shan lose his liberty. serf his
life.
In Canute's time no man living within
ten miles Of any forest boundary might
49,, e-raxfo---,1s unless IRE ra~,fo-s ~