In this country, even in the time of the Saxons, the forests or tracts, more or less covered with wood, were generally public or crown lands, in which the king was accustomed to take the diversion of hunting, and that hunting from which all other persons were prohibited. This distinctly appears from the laws of king Canute, enacted in 1016. But the prohibition against hunting in these, was merely a protection thrown around the property of the crown of the same kind with that afforded to all other lauded estates, in regard to which, universally, the law was, that every proprietor might hunt in his own woods or fields, but that no other person might do so without his leave. On the establishment, however, of the Norman government, it has generally been supposed that the property of all the animals of chase throughout the kingdom was held to be vested in the crown, and no person, without the express licence of the crown, was allowed to hunt even upon his own estate. But this, after all, is rather a conjecture; and, perhaps, all that we are absolutely entitled to affirm, from the evidence we possess on the subject, is, that after the Norman conquest the royal forests were guarded with much greater strictness than before; that possibly in some cases their bounds were enlarged; that trespasses upon them were punished with much greater severity; and, finally, that there was established a new system of laws and of courts for their administration.
In the language of the law, forests and chases differ from parks in not being enclosed by walls or palings, but only encompassed by metes and bounds; and a chase differs from a forest, both in being of much smaller extent (so that there are some chases within forests) and in its capability of being held by a subject, whereas a forest can only be in the hands of the Crown. But the material distinction is, or rather was, that forests alone were subject to the forest laws so long as they subsisted. Every forest, however, was also a chase. A forest is defined by Manwood, the great authority on the forest laws, as being "a certain territory or circuit of woody grounds and pastures, known in its bounds, and privileged, for the peaceable being and abiding of wild beasts, and fowls of forest, chase, and warren, to be under the king's protection for his princely delight; replenished with beasts of venery or chase, and great coverts of vert for succour of the said beasts; for preservation whereof there are particular laws, privileges, and officers belonging thereunto." The beasts of park or chase, according to Coke, are properly the buck, the doe, the fox, the marten, and the roe; but the term, in a wider sense, comprehends all the beasts of the forest. Beasts of warren are such as hares, conies, and roes; fowls of warren, such as the partridge, quail, rail, pheasant, woodcock, mallard, heron, &c.
The national woodlands of England, for many centuries, consisted of 49 forests, 13 chases, and 781 parks; some of them being of great extent, as the New Forest in Hampshire, which still contains about 66,291 acres, and extends over a district of 20 miles from north-east to south-west, and about 15 miles from east to west. Recent parliamentary inquiry has so fully established long-continued mismanagement, embezzlement of timber, and encroachments upon the national forests and parks, that a considerable portion of what remains will probably be shortly sold or leased for general cultivation. The principal remaining national forests and parks are:—
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*** The Names of the Trees described are given at page [vii] and [viii].