FOREST LAWS, in English law, legal
restrictions regarding forests of the king. Forest laws applied not only to the royal forests of England but to Scotland as well.
The area subject to the jurisdiction of these
courts in England included not only woodland
but often pastures and villages. Some of these
forests dated from the Anglo-Saxon period. Up to the time of Edward I their area was constantly added to by various kings by a summary proceeding known as afforestment. This consisted of a proclamation made by the king to the effect that any tract of land he desired, without compensation to the owner, was to be constituted a forest, after observing certain formalities, a right which it seems he had by common law. All offenders in such forests were punished by forest law and not by common law. There were three forests courts: woodmote, swainmote and justice seat. The woodmote was a court of attachment and had jurisdiction over minor offenses only, but could not convict. This court was presided over by verderers, officers chosen by freeholders of the forest. The swainmote had power to try and convict, but no power to pass judgment. It was presided over by the verderers, and all freeholders were obliged to attend. The court of justice seat had jurisdiction over all civil and criminal offenses committed in a forest. This court sat every third year and was presided over by the justices in eyre.
Under some of the kings of England the
penalties for violations of the forest laws were
inordinately severe, blinding and even death
being the penalty for killing game during the
reign of Henry I. These laws were mitigated
by King John, but only under compulsion. Edward I finally abolished afforestment by force, yielding to the earnest desires of his subjects.
There were many royal forests in Scotland, but the code to which they were subject contained no such severe penalties as that of England, although otherwise the codes are very similar.
During the latter half of the 19th century
Parliament disafforested, under the plea of
public necessity, three royal forests, those of
Whittlewood, Wichwood and Hainault. Epping Forest, which forms part of the ancient Waltham Forest was the subject of legislation
by Parliament in 1871, and as a result was
declared open to the public by Queen Victoria in
1882, the ancient court of verderers being
revived. There are still royal forests in England
and the Crown has certain rights in private
forests in a limited number of places to this
day.