WARREN. A Free Warren is a franchise which gives a right to have and keep certain wild boasts and fowls, called game, within the precincts of a manor, or any other place of known extent, whereby the owner of the franchise has a property in the game, nod a right to exclude all other persons from hunting or taking it. It is laid down by Blackstone, that originally the right of taking and destroying game belonged exclusively to the king, and it is certain that this franchise, like that of a ehace 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 Monopo 'es, 11 ' lisp.' 87, b.
It does not ap mat the crown ever had the right of granting free warren person over the lands of another, though such a right migjoyed by The right of free warren over the land other might also arise under other circumstances, as when a man, basing free warren over certain lands, aliened them, reserving the warren. (8' Her. 108.)
A warren may lie open, and there is no necessity of enclosing it, as there is of a park. (4 ' Inst.' 318.) The beside of warren appear to be only hares and rabbits; and the fowls of warren are partridges and pheasants, though some add quails, woodcocks, and water-fewL (' Terms de In 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, relocate, or other vermin which he finds disturbing or destroying the game (Cro. Jac. 45), and by 21 Edw. 1., a. 2, entitled De Malefaeloribus, every forester, parker, or warrener was authorised to kill persons trespassing in forests, parks, or warrens, who resisted and refused to render them selves.
The franchise of free warren has nearly fallen into disuse since the enactment of the modern statutes with respect to game.