Page:Prerogatives of the Crown.djvu/161

Ch.VIIL] Free Warren, 141 own ground, to constitute which three things are required (a) : 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, enclo- sures 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 a 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 [f). If any one should erect and assume to possess a privileged park without the King's licence, a qiio warranto may be granted, and the park destroyed (g). 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 (h on certain lands, either of the proprietor of the warren or other person, as in the case of a chase (2). This privilege also can only be claimed from the (a) See 3 Cruise Dig. 294. 1 Chitty, 233, a. Com. Dig. Chase, F. The G. L. 18, 19. beasts are hares, conies, and roes j the (Jb) Cro. Jac. 755. fowls are either campestres, as part- (c) 2 Roll's Rep. 216. ridges, rails, and quails ; or sylvestres, (rf) Cro. Car. 60. as woodcocks and pheasants ; or aqua- (e) P. 224. tiles, as mallards and herons. (/) 4 Inst. 314. (i) 1 Chitty, G. L. 19, 20. 2 Bla. (g) 1 Chitty, G. L. 19. Com. 38, 9. (^A) These are described in Co. Lit. Crown,