Woodland Forest - Photo ©
Gorden Robertson, 2 May 2011
Woodland Forest - Photo ©
Pete Birkinshaw, 8 October 2008
Trees and buildings are used throughout the tapestry as a means of separating the scenes. This was a common practise in early medieval art and serves a number of functions. Apart from its decorative appeal, it provides separation of the scenes but at the same time allows for continuity of the narrative.
In England a forest was an area so designated by royal prerogative where forest law applied. The law was designed to protect the venison and the vert i.e. the animals of the chase and the greenery that sustained them. Forests were designed as hunting areas for a monarch or (by invitation) the aristocracy. The concept was introduced by the Normans to England in the 11th century, and at the height of this practice in the late 12th and early 13th centuries, fully one-third of the land area of southern England was designated as royal forest. Forest law prescribed harsh punishment for anyone who committed any of a range of offences within the forests; by the mid-17th century, enforcement of this law had died out, but many of England's woodlands still bear the title Royal Forest. At that time, the practice of reserving areas of land for the sole use of the aristocracy was common throughout Europe during the medieval period. There is no evidence of the Anglo-Saxon monarchs creating forests.
Royal forests usually included large areas of heath, grassland and wetland anywhere that supported deer and other game. In addition, when an area was initially designated forest, any villages, towns and fields that lay within it were also subject to forest law. This could foster resentment as the local inhabitants were then restricted in the use of land they had previously relied upon for their livelihoods; however common rights were not extinguished, but merely curtailed.
During the reign of King Canute, large areas of land were set aside as royal hunting grounds. Canute in his "Secular Dooms" declared "And I will that every man be entitled to his hunting in wood and in fields, on his own possessions; and let everyone forego my hunting. Beware where I will have it untrespassed under penalty of full 'wite' (fine). "
Edward the Confessor also had a passion for hunting, a passion enjoyed by
all reigning future kings. By the middle of the 13th century thirty percent
William the Conqueror, a great lover of hunting, established the system of
forest law. This operated outside of the common law, and served to protect
game animals and their forest habitat from destruction. In the year of his
death, 1087, a poem, "The Rime of King William", inserted in the
Peterborough Chronicle expresses English indignation at the forest laws.
Offences in forest law were divided into two categories: trespass against the vert (the vegetation of the forest) and the venison (the game). The five animals of the forest protected by law were the hart and hind (red deer), boar, and hare and wolf. (In England, the boar had become extinct in the wild by the 13th century, and the wolf by the late 15th century). Protection was also said to be extended to the beasts of chase, the buck and doe (fallow deer), fox, marten, and roe deer, and the beasts and fowls of warren: the hare, coney, pheasant, and partridge.
The kings rapidly discovered that abridging their rights in the Royal forests could provide a useful source of income. Local nobles could be granted a royal licence to take a certain amount of game. The common inhabitants of the forest might, depending on their location, possess a variety of rights: estover, the right of taking firewood, pannage, the right to pasture swine in the forest, turbary, the right to cut turf (as fuel), and various other rights of pasturage (agistment) and harvesting the products of the forest. Land might be disafforested entirely, or permission given for assart and purpresture.
The chief royal official was the Warden. As he was often an eminent and preoccupied
magnate, his powers were frequently exercised by a deputy. He supervised the
foresters and under-foresters, who personally went about preserving the forest
and game and apprehending offenders against the law. The agisters supervised
pannage and agistment and collected any fees thereto appertaining. The rank
immediately below the constable were referred to as foresters-in-fee, or,
later, woodwards, who held land in the forest in exchange for a rent, and
advised the warden. Their subordinates were the under-foresters, later referred
to as rangers. Another group, called serjeants-in-fee, and later, foresters-in-fee,
held small estates in return for their service in patrolling the forest and
William I, original enactor of the Forest Law in England, harshly penalized offenders. He "laid a law upon it, that whoever slew hart or hind should be blinded," according to the Anglo-Saxon Chronicle. William Rufus, also a keen hunter, increased the severity of the penalties for various offences to include death and mutilation. The laws were in part codified under the Assize of the Forest (1184) of Henry II; he also afforested large tracts.
Magna Carta, the charter forced upon King John of England by the English barons in 1215, contained five clauses relating to royal forests. They aimed to limit, and even reduce, the King's sole rights as enshrined in forest law. The clauses were as follows (taken from the text of Magna Carta):
(44) People who live outside the forest need not in future appear before the royal justices of the forest in answer to general summonses, unless they are actually involved in proceedings or are sureties for someone who has been seized for a forest offence.
(47) All forests that have been created in our reign shall at once be disafforested. River-banks that have been enclosed in our reign shall be treated similarly.
(48) All evil customs relating to forests and warrens, foresters, warreners, sheriffs and their servants, or river-banks and their wardens, are at once to be investigated in every county by twelve sworn knights of the county, and within forty days of their enquiry the evil customs are to be abolished completely and irrevocably. But we, or our chief justice if we are not in England, are first to be informed.
(52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. In cases of dispute the matter shall be resolved by the judgement of the twenty-five barons referred to below in the clause for securing the peace (§ 61). In cases, however, where a man was deprived or dispossessed of something without the lawful judgement of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at once render justice in full.
(53) We shall have similar respite [to that in clause 52] in rendering justice in connexion with forests that are to be disafforested, or to remain forests, when these were first afforested by our father Henry or our brother Richard; with the guardianship of lands in another person's `fee', when we have hitherto had this by virtue of a `fee' held of us for knight's service by a third party; and with abbeys founded in another person's `fee', in which the lord of the `fee' claims to own a right. On our return from the Crusade, or if we abandon it, we will at once do full justice to complaints about these matters.
After the death of John, Henry III was compelled to grant the Charter of
the Forest (1217), which further reformed the forest law and established the
rights of agistment and pannage on private land within the forests. It also
checked certain of the extortions of the foresters. An "Ordinance of
the Forest" under Edward I again checked the oppression of the officers,
and introduced sworn juries in the forest courts.
The Great Perambulation and after
In 1300 many forests were perambulated and reduced greatly in their extent. Successive kings tried to recover the "purlieus" excluded from a forest by the Great Perambulation of 1300. Forest officers periodically fined the inhabitants of the purlieus for failing to attend Forest Court or for forest offences. This led to complaints in Parliament. The king promised to remedy the grievances, but usually did nothing.
Several forests were alienated by Richard II and his successors, but generally the system decayed. Henry VII revived "Swanimotes" (forest courts) for several forests and held Forest Eyres in some of them. Henry VIII in 1547 placed the forests under the Court of Augmentations with two Masters and two Surveyors-General. On the abolition of that court, the two surveyors-general became responsible to the Exchequer. Their respective divisions were North and South of the river Trent.
By the Tudor period and after, forest law had largely become anachronistic,
and served primarily to protect timber in the royal forests. James I caused
enquiries to be made into assart lands of various forests. The commissioners
appointed raised over £25000 by compounding with occupiers, whose ownership
was confirmed, subject to a fixed rent. Under Charles I, several forests were
disforested, the king receiving a portion of the waste land of the forest,
which he then sold. The last serious exercise of forest law by a court of
justice-seat (Forest Eyre) seems to have been in about 1635, in an attempt
to raise money. The disafforestations caused riots in a number of West Country
forests, including Gillingham, Braydon and Dean, as well as Feckenham. The
events were known as the Western Rising.
After the Restoration
A Forest Eyre was held for the New Forest in 1670, and a few for other forests in the 1660s and 1670s, but these were the last. From 1715, both surveyor's posts were held by the same person. The remaining royal forests continued to be managed on behalf of the crown.
In the late 1780s, a Royal Commission was appointed to inquire into the condition of Crown woods. North of the Trent only Sherwood Forest survived. South of it there were the New Forest and three others in Hampshire, Windsor Forest in Berkshire, the Forest of Dean in Gloucestershire, Waltham or Epping Forest in Essex, three forests in Northamptonshire, and Wychwood in Oxfordshire. Several of these no longer had swainmote courts, so that there was no official supervision. They divided the remaining forests into two classes, according to whether the Crown was or was not the major landowner. In certain Hampshire forests and the Forest of Dean, most of the soil belonged to the Crown and these should be reserved to grow timber, to meet the need for oak for shipbuilding. The others would be inclosed, the Crown receiving an allotment in lieu of its rights.
In 1810, responsibility for woods was moved from Surveyors-General to a new Commission of Woods, Forests, and Land Revenues. From 1832 to 1851 "Works and Buildings" were added to their responsibilities. In 1851, the commissioners again became a Commissioner of Woods, Forests and Land Revenues. In 1924, the Royal Forests were transferred to the new Forestry Commission.
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