Magna Carta: A Commentary on the Great Charter of King John
(1): The extent of the forests.
20th Century William Sharp McKechnie EnglishThe Crown constantly strove to extend the boundaries; the people to contract them. The Conqueror and Rufus each “afforested” wide tracts of land, of which the New Forest is only one example. In the Charter of 1100, Henry bluntly declared:—“I retain in my hand, by the common consent of my barons, my forests as my father had them.” This consent of the magnates would suggest that the barons were allowed some share in royal rights of hunting, which led them here to make common cause with the Crown. Henry, as matter of fact, retained not only the forests of his father but those of Rufus, and created new ones of his own. Stephen, while retaining the forests of the two Williams, renounced those added by Henry I. Under Henry II., afforestation began anew. The words of the Great Charter leave no doubt that Henry of Anjou had extended the boundaries of Stephen’s forests; and that both Richard and John carried the process further, bringing within the circle of the cruel law, not only waste and moor, but also “woods” belonging to private owners. These royal encroachments were the more oppressive, occurring in an age when population was increasing and seeking outlet in the reclamation of waste places on the debateable land that surrounded the forests. The vagueness of the frontier aggravated this grievance, as it was often difficult for the honest reclaimer of barren land to know when he was committing a trepass for which he might be punished by a crushing fine.