52 THE RABBIT 



been made respecting its derivation, which, however, 

 is sufficiently obvious.^ 



From 'warren' we get ' warrener,' Latin wari- 

 narius (' Prompt. Parv. ') corrupted into the surname 

 Warner. 



When considering the precise meaning of the 

 word 'warren' at the present day, we have to 

 distinguish between what is indicated by the legal 

 expression ' free warren ' and what is popularly known 

 as a warren. The latter is merely an enclosed field, 

 or piece of down-land, in which coneys and hares are 

 reared. Any one may have such a place, and it would 

 be protected under the Larceny Act (24 & 25 

 Vict. c. 96, s. 17) ; but its possession gives none of 

 the rights of ' free warren,' which can only be derived 

 by a grant from the Crown — a privilege no longer 

 extended ^ — or by prescription or long use, which pre- 

 supposes or implies a grant. 



The right of ' free warren ' is a franchise in that 

 sense of the word which implies an exemption from 

 ordinary rule, and attached to its original creation 

 was the condition of keeping others off the land. It 

 confers upon the grantee the exclusive right to kill or 



' See Hartshorne's observations on names of places in 

 Salopia Antigua, p. 258. 



^ Woolrych, Game Laws, p. 26. 



