execute all proceſs: to have a fair or market; with the right of taking toll, either there or at any other public places, as at bridges, wharfs, and the like; which tolls muſt have a reaſonable cauſe of commencement, (as in conſideration of repairs, or the like) elſe the franchiſe is illegal and void[1]: or, laſtly, to have a foreſt, chaſe, park, warren, or fiſhery, endowed with privileges of royalty; which ſpecies of franchiſe may require a more minute diſcuſſion.
As to a foreſt: this, 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[2]. But a chaſe differs from a park, in that it is not encloſed, and alſo in 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. A park is an encloſed chaſe, extending only over a man's own grounds. The word park indeed properly ſignifies any encloſure; but yet it is not every field or common, which a gentleman pleaſes to ſurround with a wall or paling, and to ſtock with a herd of deer, that is thereby conſtituted a legal park: for the king's grant, or at leaſt immemorial preſcription, is neceſſary to make it ſo[3]. Though now the difference between a real park, and ſuch encloſed grounds, is in many reſpects not very material: only that it is unlawful at common law for any perſon to kill any beaſts of park or chaſe[4], except ſuch as poſſeſs theſe franchiſes of foreſt, chaſe, or park. Free-warren is a ſimilar franchiſe, erected for preſervation or cuſtody (which the word ſignifies) of beaſts and fowls of warren[5]; which, being ferae naturae, every one had a natural right to kill as he could:
- ↑ 2 Inſt. 220.
- ↑ 4 Inſt. 314.
- ↑ Co. Litt. 233. 2 Inſt. 199. 11 Rep. 86.
- ↑ Theſe are properly buck, doe, fox, martin, and roe; but in a common and legal ſenſe extend likewiſe to all the beaſts of the foreſt: which, beſides the other, are reckoned to be hart, hind, hare, boar, and wolf, and in a word, all wild beaſts of venary or hunting. (Co. Litt. 233.)
- ↑ The beaſts are hares, conies, and roes: the fowls are either campeſtres, as partridges, rails, and quails; or ſylveſtres, as wood-cocks and pheaſants; or aquatiles, as mallards and herons. (Ibid).
