http://www.magnacartacanada.ca/the-charter-of-the-forest/ |
In the Medieval Period, "forest" referred simply to a designated area of land, be it: forest (the kind with trees), field, or fen. In England, the King's forest encompassed farms, villages, monasteries, and manors, as well as untouched acreage. The "forest" was ostensibly maintained for the benefit of the animals to be hunted within it. Naturally, hunting/killing the wild animals was also off limits. It was the forester's (or woodward's) job to administer and enforce the King's rules within this designated area, similar to how a sheriff would outside the forest.
Foresters in the Medieval period were free men, but still of the peasant class. In England, the chief foresters answered only to the King. Sub-foresters (or underforesters) answered to their chiefs and handled the day-to-day work of the forest. The distinction in the literature seems to be 'riding foresters' versus 'walking foresters.' The chief foresters tended to be prominent in the community, at times holding other offices, such as barrister or magistrate. Naturally, the prominence of the post depended upon the area under supervision. As the right to hunt in the forests denoted the King's favor, so administering them was also an honor (as well as being lucrative). Sub-foresters tended to be a bit more earthy. They were capable outdoorsmen, who needed to be able to give service as enforcers as well as trackers. This also proved handy in times of war. While these men remained peasants, some of these posts appear to have become almost hereditary in fact, their holders accumulating land and prestige.
Administering the Lord's forest constituted a variety of duties. Foresters were responsible for negotiating lumber sales, deciding which land was best converted to farmland, and generally handling the natural resources of the forest. Poachers were a common concern. These poachers were not just commoners (though they were the most frequent), but might also include neighboring Lords who would be infringing on the owner's rights. In England, the King used the right to hunt on his lands as a special privileged granted to certain Lords. Forests were also a great place for those feeling justice to hide out (like Robin), so it was often the forester's job to round up a posse and flush them out. For breaking forest law, there was a rather complex court system to deal specifically with these cases. However, there are more than a few stories of lawmen dispensing the King's Justice personally.
The Forest Law under discussion here relates specifically to English history and was outside of all other forms of law. Changes with how the forests were organized began with the Norman Conquest, and continued to be a political issue well into the 19th Century. In the 12th C, things really started to get formalized (and become a great money-maker simultaneously). It was illegal to clear trees, to cultivate the land, or to graze your herds upon it without permission. Some offenses (like creating arable land) would incur what amounted to a tax, forcing the landholder to pay the fine annually. While the forest system in England was onerous to the peasants, it effected the nobles as well, severely curtailing their rights on lands within the area designated by the King (which could change based on whim or bribe).
The courts system handling these cases in England was also outside of the standard judiciary system. Lower level cases (penalties of as little as a few shillings) were handled locally, where men from surrounding villages would come to see the evidence against the accused and decide upon the penalties. More heinous crimes (amounting sometimes to hundreds of pounds in damages), like those against the venison, would have to be tried in the eyres. The eyre was presided over by the chief justice of the King's Forest and occurred when he passed through town. In the 14th C, it became illegal for commoners to hunt at all, or even to own hunting dogs.
The one thing all sources agree on is that foresters were really disliked. The system was essentially designed for them to exploit. It was expected that the sub-foresters would be maintained out of the production of the peasants who lived within their area and did their own collecting. Some of the chiefs foresters actually paid the King an annual fee to maintain their offices. It was essentially required that foresters exploit the locals (though certainly not to the extent some did). Some practices became so notorious (such as taking grain to brew beer, then forcing the locals to buy it, known as "scotale") that specific laws were passed against them. Additionally, many of the foresters were not locals. Any time you bring in an outsider and put them in power, you're going to have trouble (whether he's cruel or not). Disliking the local forester seems to have been one of those inevitable and universal truths.
Ah to live such a pleasant life in the forest... Gods, who knew this would be such a coarse tangle? I came in looking for simple woodsmen and came out with political animals and thugs. It really was an eye-opening journey. If you enjoyed my brief overview, I encourage you to look through some of the references below for a more in-depth look (and read more of my other posts).
Forest Law - http://www.earlyenglishlaws.ac.uk/reference/essays/forest-law/
Wiki - http://en.wikipedia.org/wiki/Forester
Because it's the Robin Hood Society - http://www.robinhood.ltd.uk/robinhood/Forest_Survival.htm
A Masters Thesis - http://herkules.oulu.fi/thesis/nbnfioulu-201312052004.pdf
Charter of the Forest - http://www.magnacartacanada.ca/the-charter-of-the-forest/
Book about medieval lawmen - http://books.google.com/books?id=lhgNAQAAIAAJ&pg=PA12&lpg=PA12&dq=medieval+forester&source=bl&ots=c2_GzWVsmN&sig=LHLP6_uEuXrIRPzBaurhGp_2fdE&hl=en&sa=X&ei=z_GYU9SiGYukyATE1ILgAw&ved=0CDgQ6AEwAzgK#v=onepage&q=medieval%20forester&f=false
Another Book on Laws and Lawmen - http://books.google.com/books?id=1pIdd74zfZ4C&pg=PA232&lpg=PA232&dq=medieval+forester&source=bl&ots=HUdStaBWqm&sig=_rMuFwVr4dZImI4SEovFRsx5sOU&hl=en&sa=X&ei=H_iYU8CDPIKpyASKpILwCQ&ved=0CDgQ6AEwBDgK#v=onepage&q=medieval%20forester&f=false
No comments:
Post a Comment