Home >> English Cyclopedia >> Papal States to Passover >> Park

Park

forest and chace

PARK. This term, in its legal signification as a privileged enclo sure for beasts of the forest and chace, is at the present day nearly obsolete. Under the ancient forest-laws, the franchise of the highest degree was that of a forest which was women generalissimala, and contained within it the franchises of slate, park, and warren. The only distinction between a chace and a park was, that the latter was enclosed, whereas a chace was always open, and they both differed from a forest, inasmuch as they had no peculiar courts or judicial officers, nor any particular laws, being subject to the general laws of the forest ; or as Sir Edward Coke maintains, to the common law exclusive of the forest-laws. (4 Inst.,' 314.) A ehace and a park differed from a forest also in the nature of the wild animals to the protection of which each was applied. The beasts of the forest, or beasts of venery, as they were called, were tantanm tilvestres, that is, as Manwood explains the phrase (' Forest Laws,' chap. iv., sec. 4),

animals such as the hart, hind, hare, boar, and wolf, which " do keep the coverts, and haunt the woods more than the plains." On the other hand, the beasts of chace or park were tontant cam pestres, that is to say, they haunted the plains more than the woods. According to the strict legal meaning of the term, no subject can set up a park without the grant of the Crown or immemorial prescription, which is presumptive evidence of such a grant. In modern times the term is little known, except in its popular acceptation as an ornamental enclosure for the real or ostensible purpose of keeping fallow deer, interspersed with wood and pasture for their protection and support. (Blacket. Comm.' Mr. Kerr's ed. vol. ii.)