WARREN. A Free Warren is a franchise which gives a right to have and keep certain wild beasts and fowls, called game, within the precints of a manor, or any other place of known extent, whereby the owner of the franchise has a property in the game, and a right to exclude all other persons from hunting or taking it. It is stated by Blackstone (2 Comm. 417), that originally the right of taking and destroying game belonged exclusively to the king ; and it is certain that this fran chise, like that of a chace or park, must either be derived from a royal grant, or from prescription, which supposes a grant. The law is thus settled in the Case of Monopolies (11 Rep., 87, b.), where it is said that " none can make a park, chace, or warren without the king's licence, for that is quodammodo to appropriate those creatures which are .ferce nature et nui lius in bonis to himself, and to restrain them of their natural liberty." It is the opinion of Spelmann ( Gloss. in voc. War renna) that free warren was introduced into England by the Normans; and there are many instances of such grants by the English kings subsequent to the Con quest.
Free warren cannot appertain to a manor except by prescription; and even when held with the manor, it does not pass by a grant of the manor without the appur tenances; nor if it be held in gross, will it pass by a grant of the manor and appur tenances. (3 N. & M. 671.) The general rights with respect to game which now belong to lords of manors are vested in them by statute. [MANOR.]
It does not appear that the crown ever had the right of granting free warren to one person over the lands of another, though such a right might be enjoyed by prescription. The right of free warren over the land of another might also arise under other circumstances, as when s man, having free warren over certain lands, aliened them, reserving the war ren. (8 Rep., 108 ) A warren may lie open, and there is no necessity of enclosing it, as there is of a park. (4 Inst., 318.) The beasts of warren appear to be only hares and rab bits ; and the fowls of warren are par tridges and pheasants, though some add quails, woodcocks, and waterfowl. (Terms de la Ley, 589.) The grantee of free warren acquired thereby the right to appoint a person to watch over and preserve the game, called a warrener, who is justified in killing dogs, polecats, or other vermin which he finds disturb ing or destroying the game (Cm. Jac. 45), and by 21 Edward I. s. 2, entitled De Malefactoribus, every forester, parker, or warrener was authorized to kill persons trespassing in forests, parks, or warrens, who resisted and refused to render them selves.
The franchise of free warren still exists in some places, and is viewed as an in tolerable remnant of feudalism.