( 30 ) 



cxtenfion of the bounds of the forefts, and infringements 

 of the rights of individuals within the bounds, through 

 the interefted zeal, and fometimes the malice, of inferior 

 officers, perverting the law to gratify their avarice or re- 

 venge. 



The foreft-law as it now ftands, confifting of the 

 provifions of Canute modified by the Norman and early 

 Angevin princes, and finally by Edward I. Edward III. 

 and Richard II, is collected in Manwood's elaborate 

 treatife ; and there is a fhort account of the foreft courts 

 and their proceedings in Blackftone's commentaries vol. 

 3. c. 6. From thefe it will be eafy to difcover that the 

 proceedings have fallen into difufe becaufe they were 

 found to be in a great degree ufelefs ; "a rod more 

 mocked than feared." They were enveloped in forms, 

 and eafily evaded ; like a lawed dog, too mutilated to 

 catch their game. 



The liberality of modern times, affecting to tremble 

 at a foreft-court holden before verderors, gentlemen of 

 the country, and (Except coroners) the only judicial 

 officers chofen by the people ; at a court where the fa6l 

 of guilt or innocence muil be decided by a jury, of twelve 

 men, freeholders of the foreft, armed with every preju- 

 dice in favour of the fuppofed delinquent, and having, 

 from the conflitution of the court both law and fa£l 

 generally in their hands ; has rather chofen to truft to 

 a fummary jurifdiftion, before juftices of the peace 

 named by the crown, in which the ancient conftitutional 

 mode of trial by jury is forgotten. That fummary ju- 

 rifdidlion became, perhaps, neceifary, becaufe the foreft 

 jurifdidion was too weak to be effedlual ; but it feems 

 the height of wantonnefs to impute the fpirit of tyranny 

 to an inftitution which has fallen into difufe, principally 

 becaufe, fo far from being able to tyrannize, it has not 

 been able to do what was eflcntial to the prefervation of 

 the peace and good order of the country. 



