in geography, a huge wood; or, a large extent of ground covered with trees. The word is formed of the Latin fores, which first occurs in the capitulars of Charlemagne, and which itself is derived from the German froh, signifying the same thing. Spelman derives it from the Latin foris reflet, by reason forests are out of towns. Others derive fores from feris, q. d. Fores, quod fit tuta flato ferarum, as being a safe station or abode for wild beasts.
The Caledonian and Hercynian forests are famous in history. The first was a celebrated retreat of the ancient Picts and Scots: The latter ancients occupied the greatest part of Europe; particularly Germany, Poland, Hungary, &c. In Caesar's time it extended from the borders of Alsatia and Switzerland to Transylvania; and was computed 60 days' journey long, and 9 broad; some parts or cantons thereof are still remaining.
The ancients adored forests, and imagined a great part of their gods to reside therein: temples were frequently built in the thickest forests; the gloom and silence whereof naturally inspire sentiments of devotion, and turn men's thoughts within themselves.
For the like reason, the Druids made forests the place of their residence, performed their sacrifices, instructed their youth, and gave laws therein.
in law, is defined, by Manwood, a certain territory of woody grounds and fruitful pastures, privileged for wild beasts and fowls of forest, chace, and warren, to rest and abide under the protection of the king, for his princely delight; bounded with unremovable marks and meres, either known by matter of record or prescription; replenished with wild beasts of venery or chace, with great coverts of vert for the said beasts; for preservation and continuance whereof, the vert and venison, there are certain particular laws, privileges, and officers.
Forests are of such antiquity in England, that, excepting the New-Forest in Hampshire, erected by William the Conqueror, and Hampton Court, erected by Henry VIII. it is said, that there is no record or history which makes any certain mention of their erection, though they are mentioned by several writers and in several of our laws and statutes. Ancient historians tell us, "that New-forest was raised by the destruction of 22 parish-churches, and many villages, chapels, and manors, for the space of 30 miles together, which was attended with divers judgments on the posterity of William I. who erected it: for William Rufus was there shot with an arrow, and before him Richard the brother of Henry I.; and Henry nephew to Robert, the eldest son of the Conqueror, did hang by the hair of the head in the boughs of the forest, like unto Abfalom." Blount.
Besides the New-forest, there are 68 other forests in England, 13 chaces, and more than 700 parks: the four principal forests are New-forest on the sea, Shirewood-forest on the Trent, Dean-forest on the Severn, and Windsor-forest on the Thames.
A forest in the hands of a subject is properly the same thing with a CHASE; being subject to the common law, and not to the forest-laws. But a chase differs from a forest, in that it is not inclosed; and likewise, that a man may have a chase in another man's ground as well as his own; being indeed the liberty of keeping beasts of chase, or royal game therein, protected even from the owner of the land, with a power of hunting them thereon. See PARK.
The manner of erecting a forest is thus: Certain commissioners are appointed under the great seal, who view the ground intended for a forest, and fence it round: this commission being returned into chancery, the king causeth it to be proclaimed throughout the county where the land lieth, that it is a forest; and prohibits all persons from hunting there, without his leave. Though the king may erect a forest on his own ground and waste, he may not do it on the ground of other persons without their consent; and agreements with them for that purpose ought to be confirmed by parliament.
A forest, strictly taken, cannot be in the hands of any but the king; for no person but the king has power to grant a commission to be justice in eyre of the forest: yet, if he grants a forest to a subject, and that on request made in the chancery, that subject and his heirs shall have justices of the forest, in which case the subject has a forest in law.
A second property of a forest is, the courts thereof. See FOREST-COURTS, infra.
A third property is the officers belonging to it, as the justices, warden, verderer, forester, agitator, regarder, keeper, bailiff, beadle, &c. See the articles AGITATOR, BAILIFF, FORESTER, &c.
By the laws of the forest, the receivers of trespasses in hunting, or killing of the deer, if they know them to be the king's property, are principal trespassers. Likewise, if a trespass be committed in a forest, and the trespasser dies, after his death, it may be punished in the life-time of the heir, contrary to common law. Our Norman kings punished such as killed deer in any of their forests with great severity; also in various manners; as by hanging, loss of limbs, gelding, and putting out eyes. By magna charta de fores, it is ordained, that no person shall lose life or member for killing the king's deer in forests, but shall be fined; and if the offender has nothing to pay the fine, he shall be imprisoned a year and a day, and then be delivered, if he can give security not to offend for the future, &c.
9 Hen. III. c. 1.
Before this statute, it was felony to hunt the king's deer; and by a late act, persons armed and disguised, appearing in any forest, &c., if they hunt, kill, or steal any deer, &c., are guilty of felony. 9 Geo. I. c. 22.
He who has any licence to hunt in a forest or chace, &c., is to take care that he does not exceed his authority; otherwise he shall be deemed a trespasser from the beginning, and be punished for that fact, as if he had no licence. See further, the articles Game, and Game-Law.
Beasts of the forest are, the hart, hind, buck, doe, boar, wolf, fox, hare, &c. The seasons for hunting whereof are as follow, viz., that of the hart and buck begins at the feast of St John Baptist, and ends at Holy-rood day; of the hind and doe, begins at Holy-rood, and continues till Candlemas; of the boar, from Christmas to Candlemas; of the fox begins at Christmas, and continues till Lady-day; of the hare at Michaelmas, and lasts till Candlemas.
Forest-Courts, courts instituted for the government of the king's forests in different parts of the kingdom, and for the punishment of all injuries done to the king's deer or venison, to the vert or greenwood, and to the covert in which such deer are lodged. These are the courts of Attachments, of Regard, of Swine-mote, and of Justice-seat.
1. The court of attachments, woodmote, or forty-days court, is to be held before the verderors of the forest once in every forty days; and is instituted to inquire into all offenders against vert and venison: who may be attached by their bodies, if taken with the maine (or mainewore, à manu) that is, in the very act of killing venison, or stealing wood, or in the preparing so to do, or by fresh and immediate pursuit after the act is done; else they must be attached by their goods. And in this forty-days court the foresters or keepers are to bring in the attachments, or presentments de viridi et venatione; and the verderors are to receive the same, and to enrol them, and to certify them under their seals to the court of justice-seat or swine-mote: for this court can only inquire of, but not convict, offenders.
2. The court of regard, or survey of dogs, is to be holden every third year for the lawing or expedition of mastiffs; which is done by cutting off the claws of the fore-feet, to prevent them from running after deer. No other dogs but mastiffs are to be thus lawed or expeditated, for none other were permitted to be kept within the precincts of the forest; it being supposed that the keeping of these, and these only, was necessary for the defence of a man's house.
3. The court of swine-mote is to be holden before the verderors, as judges, by the steward of the swine-mote, thrice in every year; the swains or freeholders within the forest composing the jury. The principal jurisdiction of this court is, first, to inquire into the oppressions and grievances committed by the officers of the forest; "de super-oratione forestariorum, et aliorum ministrorum forestae; et de eorum oppressiobibus populo regis illatis;" and, secondly, to receive and try presentments certified from the court of attachments against offences in vert and venison. And this court may not only inquire, but convict also; which conviction shall be certified to the court of justice-seat under the seals of the jury, for this court cannot proceed to judgment. But the principal court is, 4. The court of justice-seat, which is held before the chief justice in eyre, or chief itinerant judge, capitulus justitiarius in itineris, or his deputy; to hear and determine all trespasses within the forest, and all claims of franchises, liberties, and privileges, and all pleas and causes whatsoever therein arising. It may also proceed to try presentments in the inferior courts of the forests, and to give judgment upon conviction of the swine-mote. And the chief justice may therefore, after presentment made or indictment found, but not before, issue his warrant to the officers of the forest to apprehend the offenders. It may be held every third year; and 40 days notice ought to be given of its sitting. This court may fine and imprison for offences within the forest, it being a court of record: and therefore a writ of error lies from hence to the court of king's-bench, to rectify and redrefs any mal-administrations of justice; or the chief justice in eyre may adjourn any matter of law into the court of king's-bench.
Forest-Laws, are peculiar laws different from the common law of England. Before the making of Charta de Foresta, in the time of king John and his son Henry III., confirmed in parliament by 9 Henry III., offences committed therein were punished at the pleasure of the king in the severest manner. By this charter, many forests were disfranchised and stripped of their oppressive privileges, and regulations were made for the government of those that remained; particularly, killing the king's deer was made no longer a capital offence, but only punished by fine, imprisonment, or abjuration of the realm: yet even in the charter there were some grievous articles, which the clemency of later princes have since by statute thought fit to alter per affias forfie. And to this day, in trespasses relating to the forest, voluntas reputabitur pro facto; so that if a man be taken hunting a deer, he may be arrested as if he had taken a deer.
Forest-Towns, in geography, certain towns of Swabia in Germany, lying along the Rhine, and the confines of Switzerland, and subject to the house of Austria. Their names are Rhinefeld, Seckingen, Lauenburg, and Waldshut.