CHAPTER XX.

OF PARKS AND WARRENS.

[1577, Book II., Chapter 15; 1587, Book II., Chapter 19.]

In every shire of England there are great plenty of parks, whereof some

here and there, to wit, well near to the number of two hundred, for her

daily provision of that flesh, appertain to the prince, the rest to such

of the nobility and gentlemen as have their lands and patrimonies lying in

or near unto the same. I would gladly have set down the just number of

these enclosures to be found in every county; but, sith I cannot so do, it

shall suffice to say that in Kent and Essex only are to the number of an

hundred, and twenty in the bishopric of Durham, wherein great plenty of

fallow deer is cherished and kept. As for warrens of conies, I judge them

almost innumerable, and daily like to increase, by reason that the black

skins[195] of those beasts are thought to countervail the prices of their

naked carcases, and this is the only cause why the grey are less esteemed.

Near unto London their quickest merchandise is of the young rabbits,

wherefore the older conies[196] are brought from further off, where there

is no such speedy utterance of rabbits and sucklings[197] in their season,

nor so great loss by their skins, sith they are suffered to grow up to

their full greatness with their owners. Our parks are generally enclosed

with strong pales made of oak, of which kind of wood there is great store

cherished in the woodland countries from time to time in each of them

only for the maintenance of the said defence and safe keeping of the

fallow deer from ranging about the country. Howbeit in times past divers

have been fenced in with stone walls, especially in the times of the

Romans, who first brought fallow deer into this land (as some conjecture),

albeit those enclosures were overthrown again by the Saxons and Danes, as

Cavisham, Towner, and Woodstock, beside other in the west country, and one

also at Bolton. Among other things also to be seen in that town there is

one of the fairest clocks in Europe. Where no wood is they are also

enclosed with piles of slate; and thereto it is doubted of many whether

our buck or doe are to be reckoned in wild or tame beasts or not. Pliny

deemeth them to be wild; Martial is also of the same opinion, where he

saith, "_Imbelles damæ quid nisi præda sumus?_" And so in time past the

like controversy was about bees, which the lawyers call _feras_ (_Tit de

acquirendo rerum dominio_, lib. 2 Instit.). But Pliny, attempting to

decide the quarrel, calleth them _medias inter feras et placidas aves_.

But whither am I so suddenly digressed? In returning therefore unto our

parks, I find also the circuit of these enclosures in like manner contain

oftentimes a walk of four or five miles, and sometimes more or less.

Whereby it is to be seen what store of ground is employed upon that vain

commodity, which bringeth no manner of gain or profit to the owner, sith

they commonly give away their flesh, never taking penny for the same,

except the ordinary fee, and parts of the deer given unto the keeper by a

custom, who beside three shillings four pence or five shillings in money,

hath the skin, head, umbles, chine, and shoulders: whereby he that hath

the warrant for a whole buck hath in the end little more than half, which

in my judgment is scarcely equal dealing; for venison in England is

neither bought nor sold, as in other countries, but maintained only for

the pleasure of the owner and his friends. Albeit I heard of late of one

ancient lady which maketh a great gain by selling yearly her husband's

venison[198] to the cooks (as another of no less name will not stick to

ride to the market to see her butter sold), but not performed without

infinite scoffs and mocks, even of the poorest peasants of the country,

who think them as odious matters in ladies and women of such countenance

to sell their venison and their butter as for an earl to feel his oxen,

sheep, and lambs, whether they be ready for the butcher or not, or to sell

his wool unto the clothier, or to keep a tan-house, or deal with such like

affairs as belong not to men of honour, but rather to farmers or graziers;

for which such, if there be any, may well be noted (and not unjustly) to

degenerate from true nobility, and betake themselves to husbandry.[199]

And even the same enormity took place sometimes among the Romans, and

entered as far as into the very senate, of whom some one had two or three

ships going upon the sea, pretending provision for their houses, but in

truth following the trades of merchandise, till a law was made which did

inhibit and restrain them. Livy also telleth of another law which passed

likewise against the senators by Claudius the tribune, and help only of C.

Flaminius, that no senator, or he that had been father to any senator,

should possess any ship or vessel above the capacity of three hundred

amphoras, which was supposed sufficient for the carriage and recarriage of

such necessities as should appertain unto his house, sith further trading

with merchandises and commodities doth declare but a base and covetous

mind (not altogether void of envy that any man should live but he: or

that, if any gain were to be had, he only would have it himself), which is

a wonderful dealing, and must needs prove in time the confusion of that

country wherein such enormities are exercised. Where in times past many

large and wealthy occupiers were dwelling within the compass of some one

park, and thereby great plenty of corn and cattle seen and to be had among

them, beside a more copious procreation of human issue, whereby the realm

was always better furnished with able men to serve the prince in his

affairs, now there is almost nothing kept but a sort of wild and savage

beasts, cherished for pleasure and delight; and yet some owners, still

desirous to enlarge those grounds, as either for the breed and feeding of

cattle, do not let daily to take in more, not sparing the very commons

whereupon many townships now and then do live, affirming that we have

already too great store of people in England, and that youth by marrying

too soon do nothing profit the country, but fill it full of beggars to the

hurt and utter undoing (they say) of the commonwealth.

Certes if it be not a curse of the Lord to have our country converted in

such sort, from the furniture of mankind into the walks and shrouds of

wild beasts, I know not what is any.[200] How many families also these

great and small game (for so most keepers call them) have eaten up and are

likely hereafter to devour, some men may conjecture, but many more lament,

sith there is no hope of restraint to be looked for in this behalf because

the corruption is so general. But, if a man may presently give a guess at

the universality of this evil by contemplation of the circumstance, he

shall say at the last that the twentieth part of the realm is employed

upon deer and conies already, which seemeth very much if it be duly

considered of.

King Henry the Eighth, one of the noblest princes that ever reigned in

this land, lamented oft that he was constrained to hire foreign aid, for

want of competent store of soldiers here at home, perceiving (as it is

indeed) that such supplies are oftentimes more hurtful than profitable

unto those that entertain them, as may chiefly be seen in Valens the

Emperor, our Vortiger, and no small number of others. He would oft marvel

in private talk how that, when seven or eight princes ruled here at once,

one of them could lead thirty or forty thousand men to the field against

another, or two of them 100,000 against the third, and those taken out

only of their own dominions. But as he found the want, so he saw not the

cause of this decay, which grew beside this occasion now mentioned, also

by laying house to house and land to land, whereby many men's occupyings

were converted into one, and the breed of people not a little thereby

diminished. The avarice of landlords, by increasing of rents and fines,

also did so weary the people that they were ready to rebel with him that

would arise, supposing a short end in the wars to be better than a long

and miserable life in peace.

Privileges and faculties also are another great cause of the ruin of a

commonwealth and diminution of mankind: for, whereas law and nature doth

permit all men to live in their best manner, and whatsoever trade they are

exercised in, there cometh some privilege or other in the way which

cutteth them off from this or that trade, whereby they must needs shift

soil and seek unto other countries. By these also the greatest commodities

are brought into the hands of few, who imbase, corrupt, and yet raise the

prices of things at their own pleasures. Example of this last I can give

also in books, which, after the first impression of any one book, are for

the most part very negligently handled:[201] whereas, if another might

print it so well as the first, then would men strive which of them should

do it best; and so it falleth out in all other trades. It is an easy

matter to prove that England was never less furnished with people than at

this present; for, if the old records of every manor be sought (and search

made to find what tenements are fallen either down or into the lord's

hands, or brought and united together by other men), it will soon appear

that, in some one manor, seventeen, eighteen, or twenty houses are shrunk.

I know what I say, by mine own experience. Notwithstanding that some one

cottage be here and there erected of late, which is to little purpose. Of

cities and towns either utterly decayed or more than a quarter or half

diminished, though some one be a little increased here and there, of towns

pulled down for sheep-walks,[202] and no more but the lordships now

standing in them, beside those that William Rufus pulled down in his time,

I could say somewhat; but then I should swerve yet further from my

purpose, whereunto I now return.

We had no parks left in England at the coming of the Normans, who added

this calamity also to the servitude of our nation, making men of the best

sort furthermore to become keepers of their game, whilst they lived in the

meantime upon the spoil of their revenues, and daily overthrew towns,

villages, and an infinite sort of families, for the maintenance of their

venery. Neither was any park supposed in these times to be stately enough

that contained not at the least eight or ten hidelands, that is, so many

hundred acres or families (or, as they have been always called in some

places of the realm, carrucats or cartwares), of which one was sufficient

in old time to maintain an honest yeoman.

King John, travelling on a time northwards, to wit, 1209, to war upon the

King of Scots, because he had married his daughter to the Earl of Bullen

without his consent, in his return overthrew a great number of parks and

warrens, of which some belonged to his barons, but the greatest part to

the abbots and prelates of the clergy. For hearing (as he travelled), by

complaint of the country, how these enclosures were the chief decay of

men, and of tillage in the land, he sware with an oath that he would not

suffer wild beasts to feed upon the fat of his soil, and see the people

perish for want of ability to procure and buy them food that should defend

the realm. Howbeit, this act of his was so ill taken by the religious and

their adherents, that they inverted his intent herein to another end,

affirming, and most slanderously, how he did it rather of purpose to spoil

the corn and grass of the commons and catholics that held against him of

both estates, and by so doing to impoverish and bring the north part of

the realm to destruction because they refused to go with him into

Scotland. If the said prince were alive in these days (wherein Andrew

Boord saith there are more parks in England than in all Europe, over which

he travelled in his own person), and saw how much ground they consume, I

think he would either double his oaths, or lay most of them open, that

tillage might be better looked unto. But this I hope shall not need in

time, for the owners of a great sort of them begin now to smell out that

such parcels might be employed to their more gain, and therefore some of

them do grow to be disparked.

Next of all, we have the frank chase, which taketh something both of park

and forest, and is given either by the king's grant or prescription.

Certes it differeth not much from a park; nay, it is in manner the

selfsame thing that a park is, saving that a park is environed with pale,

wall, or such like, the chase always open and nothing at all enclosed, as

we see in Enfield and Malvern chases. And, as it is the cause of the

seizure of the franchise of a park not to keep the same enclosed, so it is

the like in a chase if at any time it be imparked. It is trespass, and

against the law also, for any man to have or make a chase, park, or free

warren, without good warranty of the king by his charter or perfect title

of prescription; for it is not lawful for any subject either to carnilate,

that is, build stone houses, embattle, have the querk of the sea, or keep

the assize of bread, ale, or wine, or set up furels, tumbrel, thew, or

pillory, or enclose any ground to the aforesaid purposes within his own

soil, without his warrant and grant. The beasts of the chase were commonly

the buck, the roe, the fox, and the martern. But those of venery in old

time were the hart, the hare, the boar, and the wolf; but as this held not

in the time of Canutus, so instead of the wolf the bear has now crept in,

which is a beast commonly hunted in the east countries, and fed upon as

excellent venison, although with us I know not any that feed thereon or

care for it at all. Certes it should seem that forests and frank chases

have always been had, and religiously preserved in this island, for the

solace of the prince and the recreation of his nobility: howbeit I read

not that ever they were enclosed more than at this present, or otherwise

fenced than by usual notes of limitation, whereby their bounds were

remembered from time to time for the better preservation of such venery

and vert of all sorts as were nourished in the same. Neither are any of

the ancient laws prescribed for their maintenance before the days of

Canutus now to be had, sith time hath so dealt with them that they are

perished and lost. Canutus therefore, seeing the daily spoil that was

made almost in all places of his game, did at the last make sundry

sanctions and decrees, whereby from thenceforth the red and fallow deer

were better looked to throughout his whole dominions. We have in these

days divers forests in England and Wales, of which some belong to the

king, and some to his subjects, as Waltham Forest, Windsor, Pickering,

Fecknam, Delamore, Gillingham, Kingswood, Wencedale, Clun, Rath, Bredon,

Weir, Charlie, Leicester, Lee, Rockingham, Selwood, New Forest, Wichwood,

Hatfield, Savernake, Westbury, Blacamore Peak, Dean, Penrise, and many

others now clean out of my remembrance; and which, although they are far

greater in circuit than many parks and warrens, yet are they in this our

time less devourers of the people than these latter, sith, beside, much

tillage and many towns are found in each of them, whereas in parks and

warrens we have nothing else than either the keeper's and warrener's

lodge, or, at least, the manor place of the chief lord and owner of the

soil. I find also, by good record, that all Essex hath in time past wholly

been forest ground, except one cantred or hundred; but how long it is

since it lost the said denomination, in good sooth I do not read. This

nevertheless remaineth yet in memory, that the town of Walden in Essex,

standing in the limits of the aforesaid county, doth take her name

thereof. For in the Keltic tongue, wherewith the Saxon or Scythian speech

doth not a little participate, huge woods and forests were called _walds_,

and likewise their Druids were named _walie_ or _waldie_, because they

frequented the woods, and there made sacrifice among the oaks and

thickets. So that, if my conjecture in this behalf be anything at all, the

aforesaid town taketh denomination of _Wald_ and _end_, as if I should

say, "The end of the woody soil;" for, being once out of that parish, the

champaign is at hand. Or it may be that it is so called of _Wald_ and

_dene_: for I have read it written in old evidences Waldæne, with a

diphthong. And to say truth, _dene_ is the old Saxon word for a vale or

low bottom, as _dune_ or _don_ is for a hill or hilly soil. Certes, if it

be so, then Walden taketh her name of the woody vale, in which it sometime

stood. But the first derivation liketh me better; and the highest part of

the town is called also Chipping-Walden, of the Saxon word _Zipping_,

which signifies "Leaning or hanging," and may very well be applied

thereunto, sith the whole town hangeth as it were upon the sides of two

hills, whereof the lesser runneth quite through the midst of the same. I

might here, for further confirmation of these things, bring in mention of

the Wald of Kent; but this may suffice for the use of the word _wald_,

which now differeth much from _wold_. For as that signifieth a woody soil,

so this betokeneth a soil without wood, or plain champaign country,

without any store of trees, as may be seen in Cotswold, Porkwold, etc.

Beside this I could say more of our forests, and the aforesaid enclosures

also, and therein to prove by the book of forest law that the whole county

of Lancaster hath likewise been forest heretofore. Also how William the

Bastard made a law that whosoever did take any wild beast within the

forest should lose an ear (as Henry the First did punish them either by

life or limb, which ordinance was confirmed by Henry the Second and his

peers at Woodstock, whereupon great trouble rose under King John and Henry

the Third, as appeareth by the chronicles); but it shall suffice to have

said so much as is set down already.[203]

Elizabethan England From 'A Description of England,' by William Harrison · 第 20 / 26 章