Page:Prerogatives of the Crown.djvu/157

Ch.VIII.] Forests. 137 of nations and of reason : and therefore, in respect to the ex- clusive propriety assumed by princes in animals fe7'(B naturce, they assert that the prince cannot be called the owner of such animals before he hath actually caught them : so that he who hunts contrary to a royal prohibition doth not commit theft, iior take away the goods of another ; but only acquires a thing which another had a primitive or exclusive right of acquiring, and therefore he may be punished ; but as for the thing which he thus got into his possession, it ought not to be looked on as a matter of theft, or to be challenged accordingly [a). The better opinion seems therefore to be against Sir Wil- liam Blackstone's doctrine, that the King has the exclusive property in game {b). He appears to possess it concurrently with his subjects ; though from the civil or feudal laws he may derive and most certainly possesses the right to grant game franchises over his own or his grantee's lands. It will be collected from the limitations of the right of the Crown to grant such franchises, that little can be argued from the right in favor of this extended and exclusive property. A forest is defined by Manwood [c) to be " a certain territory or circuit of woody grounds and pastures, known in its bounds and privileges, 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 and chase, and great coverts of vert, for succour of the said beasts, for preservation whereof, there are particulars, laws, privileges, and offices, belonging thereunto." The commencement of forests may be traced to the Norman usurpation, which introduced the feudal system ; and in con- sequence thereof the first Kings of the Norman line not only reserved to themselves the sole and exclusive property of the antient forests, but also created others of greater extent, par- ticularly the New Forest in Hampshire ; and placed them under the jurisdiction of particular courts, and established a variety (a) Gudelin dejure novissimo, lib. 2. recent debates in the House of Coin- cap. 2. Vinnius Comm. 2. lib. tit. 1. mens, (Feb. and March 1819,) the ge- s. 13. neral opinion on this snbject seems to (4) See in general, Christian's note to have been to this effect 2 Bla. Com. 4l5. Selwyn, N. P. 118. (c) Treat, of the Fof^t Laws, ed. tit. Game. Chitty, G. L. And in the 1717. of