THE WARREN 57 



The lord of a manor with a grant of free warren 

 generally may place his coneys wherever he pleases, 

 either within the manor, or elsewhere, and not even 

 a commoner can interfere with him. Under the 

 altered conditions, however, which regulate sport, and 

 the requirements of agriculturists at the present day, 

 it is doubtful whether any one so circumstanced 

 would think of asserting his strict legal right to such 

 an extent as this. If he has a warren by prescription, 

 he may use his right according to the accustomed 

 privilege, but not further. If he has it by grant, he 

 may go to the extent of his grant, but not beyond ; 

 and in these cases, according to Serjeant Woolrych 

 ('Game Laws,' p. 31), it seems to be the same 

 whether there be or not any difference between 

 ' warren ' and ' free warren,' i.e. whether the limited 

 right should be termed 'warren,' and the more en- 

 larged franchise ' free warren.' On the other hand, 

 no action will lie against a lord of the manor for 

 keeping coneys on land over which he has a right of 

 warren. 



Any owner of a warren, whether enclosed or not, 

 may prosecute a trespasser for killing rabbits or hares 

 there. The remedy is specially provided by Section 

 17 of the Larceny Act (24 & 25 Vict. c. 96), which 

 runs as follows : — ' Whosoever shall unlawfully and 



