This is an academic exploration based on the Wikipedia article on Royal Forests. Read the full source article here. (opens in new tab)

Guardians of the Realm

An academic exploration of the historical significance, legal framework, and administration of royal forests in Britain.

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Defining the Royal Forest

Royal Preserve

A royal forest, also known historically as a kingswood (Latin: silva regis), was not merely an area of woodland. In its medieval context, it signified land legally designated as a "preserve" for specific purposes, predominantly for the monarch's hunting activities.[1][2] This distinction from the modern understanding of a forest highlights its function as a protected territory rather than solely a collection of trees.

Legal Status

The concept of royal forests, as understood in England, Wales, Scotland, and Ireland, evolved from Continental European legal systems, particularly those of the Carolingian and Merovingian dynasties.[3] Unlike Anglo-Saxon England, where monarchs were great hunters but did not establish areas "outside" the law, the Norman kings (post-1066) widely applied forest law through royal prerogative.[4][5] This legal framework was designed to safeguard specific game animals and their habitat.

Scope and Composition

The designation "forest" encompassed a broad range of terrains, including heath, grassland, and wetland, wherever game animals like deer and wild boar thrived.[7] When an area was afforested, any existing settlements or farmlands within its boundaries also became subject to forest law, often leading to significant social and economic impacts on local inhabitants, despite the curtailment rather than complete extinguishment of common rights.

Historical Trajectory

Norman Imposition

William the Conqueror is credited with establishing the system of forest law in England. While popular accounts suggest extreme penalties like blinding for poaching, historical analysis indicates this may be exaggerated propaganda.[13] His successor, William Rufus, notably increased the severity of punishments. The Assize of the Forest, codified under Henry II in 1184, further formalized these laws.

Magna Carta & Charter

The barons' demands during the creation of Magna Carta in 1215 included clauses aimed at limiting the Crown's extensive forest rights.[14] Subsequently, the Charter of the Forest in 1217 provided significant reforms, clarifying commoners' rights and curbing some of the forest officers' abuses.

Royal Revenue & Disafforestation

By the Tudor period, forest law had largely become anachronistic, with forests primarily serving as sources of timber. Monarchs like James I and Charles I sought to increase royal income through policies of disafforestation, surveying unused forests and selling off lands. This process often led to significant social unrest and riots, such as the "Western Rising," as commoners resisted the enclosure and revocation of traditional rights.[19] The Delimitation of Forests Act 1640 attempted to reset forest boundaries to those of James I's reign.

The Framework of Forest Law

Vert and Venison

Forest law was fundamentally concerned with protecting two key elements: the vert, referring to the green foliage and trees that sustained game, and the venison, encompassing the specific animals designated for royal hunting. These included the hart, hind, boar, hare, and wolf, along with other beasts of chase and warren.[10]

Prohibited Actions

Offences against forest law were categorized as trespasses against the vert or venison. Inhabitants within forest boundaries were forbidden from carrying hunting weapons, and dogs were generally banned unless their claws were removed to prevent them from pursuing game.[11] The concept of "bloody hand" signified a trespass where an offender found with bloodstained hands was presumed to have killed a deer, even without direct evidence of the act.

Purlieus and Rights

Lands adjacent to the forest, known as purlieus, were disafforested, allowing agriculture but still subject to certain regulations. Deer escaping from the forest into purlieus could be killed if causing damage. Conversely, common inhabitants might possess rights such as estover (firewood), pannage (pasturing swine), turbary (cutting turf), and various forms of pasturage (agistment), though these were often curtailed or regulated.

Governance and Justice

Forest Officers

The administration of royal forests involved a hierarchy of officials. Key figures included the Justices of the Forest (often Justices in Eyre), Verderers, and the Warden, who oversaw the forest's operations. Subordinate roles included foresters, under-foresters (later rangers), agisters responsible for grazing rights, and regarders who monitored boundaries and encroachments.

Forest Courts

A distinct system of courts managed forest law. The Court of Attachment (or Forty-Day Court/Woodmote) handled initial proceedings. The Swainmote convened thrice annually for regulating grazing and trying offenders. The highest tribunal was the Court of Justice-Seat (or Eyre), presided over by a Justice in Eyre, which held the ultimate sentencing authority.[11]

Legal Procedures

The system aimed to maintain order and royal authority. Regarders provided oversight by reporting on encroachments and violations, acting as a check against collusion between local foresters and offenders. The infrequent but significant Justice-Seat eyres served as the primary judicial mechanism for enforcing forest laws across vast territories.

Evolution and Dissolution

Fiscal Policies

From the Tudor period onwards, the fiscal utility of royal forests became more prominent than their hunting function. Ministers under James I and Charles I actively pursued disafforestation policies, aiming to generate revenue by selling forest lands and timber. This often involved complex surveys and negotiations with landowners, leading to the formal abolition of forest status for many areas.[17]

Resistance and Reform

The disafforestation process frequently triggered significant opposition, including riots and "Skimmington processions," particularly in the West Country. These disturbances, often involving large numbers of commoners, targeted enclosures and the revocation of traditional land use rights.[19] Parliament eventually intervened, notably with the Delimitation of Forests Act 1640, which aimed to redefine forest boundaries.

Modern Legacy

While forest law largely ceased to be enforced after the mid-17th century, many woodlands retained the title "Royal Forest." Management responsibilities evolved, eventually transferring to bodies like the Forestry Commission. Key historical forests, such as Dean, Epping, New Forest, and Sherwood, continue to exist today, often managed for conservation and public access, preserving a tangible link to this medieval system.

Iconic Royal Forests

Forest of Dean

Located in Gloucestershire, the Forest of Dean was historically a significant source of charcoal for ironmaking. Re-established by an Act in 1667, it continues to be managed by Forestry England, retaining its importance as a heavily wooded area and home to the Freeminers.

Epping & Hainault

These forests in Essex are remnants of the ancient Waltham Forest. Epping Forest, notably, was preserved through the efforts of the Corporation of London following the Epping Forest Act of 1878, safeguarding its status as a vital open space.

New Forest

Spanning Hampshire and Wiltshire, the New Forest's management has been shaped by acts like the New Forest Act of 1877, which regulated Crown enclosure rights and common rights. It remains under the stewardship of Forestry England.

Sherwood Forest

Renowned for its association with the legend of Robin Hood, Sherwood Forest in Nottinghamshire is an ancient woodland with a high concentration of old trees. A fragment is designated as a National Nature Reserve, celebrated for its ecological diversity.

Compendium of Forests

The following table provides a historical overview of various royal forests across England and Ireland, detailing their counties, approximate dates of disafforestation, and notable characteristics.

Name of Forest County Disafforestation Date Notes Soil or Landscape
AconburyHerefordshire1216, part360 acres assarted to support a nunnery in 1216
AccringtonLancashire
Alice Holt and Woolmer ForestsHampshire1812Sandy, gravelly acid soils; dry oak, birch wood
Allerdale ForestCumberland
AlnwickNorthumberland1280
AlvestonGloucestershire
ArchenfieldHerefordshire1251
AshurstSussex
BagshotSurreyPart of Windsor ForestSandy, gravelly acid soils; dry oak, birch wood
BecontreeEssex
BedfordshireBedfordshire1191, Part disafforested
Bere Forest (incl. Bere Ashley)Hampshire and Dorset1269, in DorsetSandy, gravelly acid soils; dry oak, birch wood
Bere PorchesterHampshire1810Sandy, gravelly acid soils; dry oak, birch wood
BerkshireBerkshire1227
Bernwood ForestBuckinghamshire1622Including Brill and PanshillClay soils, woodlands
Bernwood ForestOxfordshire1622Partly in BucksClay soils, woodlands
Blackmoor ForestDorset1277Heavy clay soils, dense oak forest
BlackmoreWiltshireAlias Melksham
Bolsover ForestDerbyshire
BowlandLancashire and Yorkshire
Braydon Forest or Forest of BradenWiltshire1630Included parish of Minety; disafforested with riotsHeavy clay soils, dense oak forest
Brewood ForestStaffordshire or Shropshire1204
BrigstockNorthamptonshire1638Part of Rockingham Forest
BrillBuckinghamshirePart of Bernwood Forest
Burrington Forest
Carlisle (or Inglewood Forest)Cumberland
Cannock ChaseStaffordshire1290, in part1290 partially given to the Bishop of Coventry and Lichfield for a Chase
Charnwood Forest
ChelmsfordEssex
ChippenhamWiltshire1618–23Perhaps excepting Bowood or Pewsham New ParkHeavy clay soils, dense oak forest
Chute ForestHampshire and Wiltshire1639–61Included Finkley and Digerley Forests
CirencesterGloucesterPossibly Braydon
Clarendon ForestWiltshire1664 (Clarendon)Including Panchet Wood and Milchet Park, with associated Forest of Buckholt, Hampshire
Claverley and WorfieldShropshire
CornburyOxfordshireOr Wychwood
CornwallCornwall1204Two woods and two moors, disafforested 1215
Dartmoor ForestDevon and Somerset1204Annexed to Duchy of Cornwall 1337High moorlands
DeanGloucestershire and HerefordshireMidland clay plain, oak forest
Delamere ForestCheshire1812Remnant of Forests of Mara and Mondrem; outside normal forest administrationSandstone with glacial sands and gravels and fertile clay; wetlands
Duffield FrithDerbyshireA group of six royal forests
East Derbyshire
Epping Forest (part of Waltham Forest)Essex1878Epping Forest Act 1878 established preservation and common rights
Forest of EssexEssex1204Entire county afforested to 1204
Essex, northEssex1204North of the Stanestreet; Tendring Hundred 1228Boulder clay, fertile lands
Exmoor ForestDevon and Somerset1815High moorlands
Farndale ForestYorkshire1209
Feckenham ForestWorcestershire and Warwickshire1622–31Riots on disafforestation 1630–31Midland clay plain, woodlands
FilwoodSomersetPart of Kingswood
Freemantle ForestHampshire
GaltresYorkshire1629
GeddingtonNorthamptonshire1676Part of Rockingham Forest
Gillingham ForestDorset1625Heavy clay soils, dense oak forest
Groveley ForestWiltshire1500s
Hainault1851Part of Essex Forest
HartforthYorkshire1203
HaughmondShropshire
HarewoodHerefordshireMidlands clay plain
Hastings, Rape ofSussex1206–07
Hatfield ForestEssexPart of former Essex Forest
Hay of HerefordHerefordshireMidlands clay plain
High Peak ForestNorth Derbyshire
HorwoodHerefordshire
Huntingdonshire ForestHuntingdonshireMainly Forests of Weybridge, Sapley and Herthey. Whole small county in C13th.
Inglewood ForestCumberlandSometimes including Allerdale
Irchenfield ForestHerefordshire1251
Isle of Wight ForestHampshire
Kesteven ForestLincolnshire Fens1230'Forest of the March'Marsh, fens
Keynsham ForestSomersetAlias Kingswood
KingswoodGloucestershireAlias Keynsham
KilpeckHerefordshire
King's CliffeNorthamptonshirePart of Rockingham Forest
Kinver ForestStaffordshire (formerly Worcestershire)Midland clay plain, woodlands
Knaresborough ForestYorkshire
Langwith HayYorkshire
LeeRutlandOr Leighfield
Leicester ForestLeicestershire1628Riots occurred at disafforestation.
LinwoodHampshirePart of the New Forest
Long ForestShropshireIncluded Longmynd, Stapelwood, Burswood, Lythwood and StapletonMidland clay plain, woodlands
Long Mynd or StrattondaleShropshire
Lonsdale (incl. Wyresdale and Quernsmore)Lancashire1267
Macclesfield ForestCheshireSee Delamere Forest
Malvern ForestWorcestershire1290Later listed as a chaseMidland clay plain, woodlands; upland moors
Malvern ChaseWorcestershire1632, 1676Strictly a chase, but 'disaforrested' with riots, confirmed 1676; Malvern Hills Act 1884Midland clay plain, woodlands; upland moors
Mara et MondrumCheshire1812Delamere Forest is a remnant
Melksham and Chippenham ForestWiltshire1623Heavy clay soils, dense oak forest
MelchetWiltshire1577–1614In southeast of county, between Clarendon and Hampshire border
Mendip ForestSomersetAlso known as Cheddar
Middlesex ForestMiddlesex and part of Hertfordshire1218
Morfe ForestShropshireEast and southeast of BridgnorthMidland clay plain, woodlands
Needwood ForestStaffordshireParcel of the Duchy of Lancaster; Chase?
Neroche ForestSomerset1627–29
New ForestHampshire1877New Forest Act 1877 established preservation and rights of commonSandy, gravelly acid soils; dry oak, birch wood
New Forest, StaffordshireStaffordshire1204
North PethertonSomerset
Northumberland ForestNorthumberland1280
Ombersley and Horewell ForestWorcestershire1229Midland clay plain, woodlands
OngarEssex
Ouse and DerwentYorkshire1234
Oxford and Stamford BridgesNorthamptonshire, Oxfordshire, Buckinghamshire, Huntingdonshire
Pamber ForestHampshire1614Granted to John Waller and Thomas Pursell
Peak ForestNorth Derbyshire1639–1674Limestone uplands
PenchetPart of Clarendon Forest
Pendle ForestLancashire
Pickering ForestNorth Yorkshire1639Sandstone upland plateau
Poorstock ForestDorset(see Powerstock)
PurbeckDorset1550Granted to Duke of Somerset
Rockingham ForestNorthamptonshire1638 & 1795-6Including Brigstock, Cliffe, Geddington and Northampton Park; Bailiwicks disafforested 1790sClay soils, woodlands
Rossendale ForestLancashire
Rutland Forest (with Sauvey Forest)Leicestershire1398Granted to the Duke of Abermarle
RyedaleYorkshire1204
Salcey ForestBuckinghamshire and Northamptonshire1825Clay soils, woodlands
SauveyLeicestershire1236Except Withcote, 1627
Savernake ForestBerkshire and Wiltshire1550Or Marlborough Forest; Granted to Duke of Somerset
Selwood ForestSomerset and Wiltshire1627–29Heavy clay soils, dense oak forest
Sherwood ForestNottinghamshire1818Famous for association with Robin Hood.Clay plain, woodlands
Shirlett ForestShropshireNW of Bridgnorth
Shotover ForestOxfordshireIncluding StowoodClay soils, woodlands
SkiptonYorkshire
Somerton WarrenSomerset
SpauntonYorkshire
Stapelwood (incl. Buriwood, Lythewood, Stepelton)Shropshire
Surrey, southSurrey1191South of the Guildford Road
TrawdenLancashire
TrevilleHerefordshire1230Granted to John of Monmouth
Waltham ForestEssexLast remnant of Forest of Essex
Windsor ForestBerkshire, Surrey, Hampshire1813Sandy, gravelly acid soils; dry oak, birch wood
Wirral ForestCheshire1376
Whittlewood ForestBuckinghamshire, Northamptonshire, OxfordshireClay soils, woodlands
Woodstock ForestOxfordshire
Woolmer ForestHampshire1855Sandy, gravelly acid soils; dry oak, birch wood
Wrekin ForestShropshire(Mount Gilbert Forest) (incl. Wellington, Wombridge) and HaughmondMidland clay plain, woodlands
Wychwood ForestOxfordshire1853Heavy clay soils, dense oak forest
Wyre ForestWorcestershire and ShropshireStrictly only a chase
Yardley ChaseNorthants
GlencreeCounty Wicklow, Irelandc. 1315Last mentioned in reign of Edward I; believed destroyed during Bruce campaignPodzol, oak trees

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References

References

  1.  These words are printed against this act in the second column of the second schedule to the Statute Law Revision Act 1948, which is headed "Title".
  2.  The whole act was repealed by section 1(4) of, and the schedule to, the Wild Creatures and Forest Laws Act 1971, which took effect on the date of its royal assent.
  3.  Lovelace (2001), Herefordshire Council
  4.  A Topographical Dictionary of England (1848)
A full list of references for this article are available at the Royal forest Wikipedia page

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