Tuesday, 12 July 2011

Common Land - Royal Forests 2 - Demise

I stray into Royal Forests although they have little to do with the bulk of common land in England and Wales, ie named Royal Forests, namely: Epping Forest, Forest of Dean and New Forest, do not come within the Commons Act 2006 (see s 5). They are exempt from registration and are governed by their own statutes. The reason for starying is that their history, that is as much as I have found out about them, fascinates me.

It seems they were common in Europe in Anglo Saxon times and some were created by the Anglo Saxon dynasty but it was the Normans who went crazy for them. Large swathes (say 35 in William's time) of rual England were declared "Royal Forest". Protection of trees and vegetation as well as the deer were the reasons for the formidible force of sanctions to misceants who transgressed the "Forest Law".

At their peak there were well over 200 but after two hundred years the harshness of Forest Law caused constraints to be imposed on the sovereign. Important early statutes resulting in their gradual road to demise were:


  1. Magna Carta (1215) and its companion Act, Charter of the Forest (1217); and,

  2. Disafforestation, Sale and Improvement of Royal Forests Act 1653.

However, it was the Wild Creatures and Forest Laws Act 1971 which finally put paid to almost all Royal priveleges in this domain. The Crown has retained rights in swans and royal fish (see s1(1)(a)). However, Forest Law was finally abrogated but the appointment of Verderers was retained (see s(1)(2)).


In modern times the role of Verderers - say "governors and stewards" of the New Forest - may be seen monthly in action in their Verderers' Court within the New Forest. A while ago I attended (as a tourist 'observer') when a couple of very interesting topis arose. One was a proposed improvement of an in-forest supermarket - I suppose it was an example of the kind of thing which might arise under the proposals of the Localism Bill (2011).

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