GAMS. 
^if'aft'orefted as to tlie particular owners of the land and warren over another’s ground. Bro. Abr. tit. Warren. 3.— 
lor their benefit, and not generally to give liberty to 2 Comm. 39. A free warren may lie open, there being no 
any man to hunt the deer and fpoil the vert. And if neceffity of incioling it. It is not lawful, however, for 
thofc beafts do efcape out of the forefi: into tlie purlieu,, any perfon to make any chafe, park, or warren, in liis 
ilie king hatli a property in tliein ftili againft any man own freehold, or elfewlrere, to keep in it any wild beafis 
but againfi: tlie owners of tl'.e woods and lands in which or birds of forefi, chafe, park, or warren, w ithout the 
tiiey are ; and fuch owners have a fuecial property in king’s grant or warrant fo to do ; and if any man do, he is 
XMiw ratione loci, but yet fo tliat they hunt them fairly 
and not forefiall them in their return towards the forefi. 
Manw. 366. Rut if the purlieu-man find the beafts of 
the forefi in his woods or lands in the purlieu, in fuch 
cafe he hath a property in tliem againfi any other man 
rationefoli. And if he begins the hunting in his own 
lands, then by reafon of that property he may purfue his 
hunting through any man’s woods or lands, fo as he 
doth not enter into any forefi, chafe, park, or warren. 
And if he kill tlie deer in another man’s land, and out of 
fuch privileged place, he may take and carry away the 
fame by reafon of the firfi property. But if the deer 
recover the forefi, he mufi call back his dogs, for they 
are then the king’s v.'ild beafis again. And if he do 
not call back and rebuke his dogs, and they kill the 
deer in the toreft, he is a trefpajfer, though himfelf never 
came within the bounds thereof. Manzo. 373.—See the 
article Purlieu. 
A CHASE, (trom chajfer, to chafe,) is a privileged 
place for the receipt of deer, very fimilar to a purlieu ; 
and is of a middle nature betwixt a forefi and park. It 
is lefs than a forefi, and not endowed with fo many li¬ 
berties; as officers, laws, courts, dtc. and yet is of a 
larger compafs than a park, but diflereth in that it is 
not incloied; though it mufi have certain metes and 
bounds, and may be in other men’s grounds as well as 
in one’s own : being indeed the liberty of keeping beafts 
of chafe or royal game therein, proteefed even from the 
owner of the land, zjitk a power of hunting them thereon 
without trefpafs. 2 Comm. 38. —See the article Chase, 
vol. iv. p. 120, 121. 
A PARK is an enclofed chafe, extending only over a 
man’s own grounds. The word park indeed properly 
fignifies anenclofure ; but yet it is not every field or com¬ 
mon, which a gentleman pleafes to furround with a wall 
or paling, and to fiock with a herd of deer, that is th.ereby 
confiituted a legal park: for the king’s grant, or at leaft 
immemorial prefeription, is neceffiary to make it fo. 2 Irift. 
220. Though now the difference betv/een a real park, 
and fuch enclofed grounds, is in many refpedts not very 
material; only that it was anciently fiated to be unlaw¬ 
ful for any perfon to kill any beafis of park or chafe, viz. 
any hart, hind, hare, boar, or other beafts of venary or 
hunting,except fuch as poflefled thefe franchifes of forefi, 
chafe, or park. Co. Litt. 233.—A park miift be inclofed, 
otherwife the owner cannot maintain an aftion of trefpafs 
againft fuch as hunt in his park. Manw. Cromp. Jurifd. 148. 
—See the article Park. 
P'ree-vvarren is a franchife eredfed for prefervation 
or curtody of beafts and towlsot warren ; which are hares, 
conies, and roes : the fowls are either campefres, as par¬ 
tridges, rails, and quails; or fylvejlres, as woodcocks and 
pheafants, or aquatiles, as mallards and herons. Co. Litt.a-^i. 
--Upon the introdudion of the forefi laws, foon after the 
Norman conqueft, thefe animals being looked upon as 
royal game, this franch.ife of free-warren was invented 
to protect them ; by giving the grantee a foie and exclu- 
five power of killing fuch game fo far as his warren ex. 
tended, on condition of his preventing other perfons. 
'1 his royal franchife is almofi lallen into difregard, fince 
the new flatutes for preferving the game ; the name be¬ 
ing now ciiiefly prelerved in grounds that are let apart 
for breeding hares and rabbits. There are many inffan- 
ces of keen fportfmen in ancient times, who have fold 
tiieir eftates, and referved the free-warren, or right of 
killing game, to themfelves; by wTiich means it comes 
i-') pals that a man and his heirs have fometimes free^ 
Vol. VIII. No. 478, 
to t^e puniflied in a quo warranto, and the franchife to be 
feized into the king’s hands. Manw. 56. 
CASEofK. ti. fir William Lowther, Mick. T. 12 G .—If 
was moved for leave to file an information in nature of a 
quo warranto againft fir William Lowther, to Ihew by what 
authority he had made and fet up a warren. But it w as 
denied by the court: becaufe it w’as of a private nature, 
and therefore proper to be profecuted only in the name of 
the attorney general by information, if hismajelly thought 
fit. And the like motion had been denied before in the 
caleof the lord Lilburne. 2 L. Raym. 1409. i Sira. 637. 
Case of lordDacreu. Tebb, EaJlerT. i-jGeo. Ill.—This 
was a declaration in trefpafs, for breaking and entering 
his free warren in Aveley in the county ot Efl'ex, and 
chafing, hunting, and killing, divers foxes, hares, conies, 
partridges, and pheafants of the plaintiff', and taking 
away other his goods and chattels. On not guilty plead¬ 
ed, and tried by a fpecial jury, the defendant w'as lound 
guilty of breaking and entering the free warren of tiic 
plaintiff', and chafing and liunting one hare, damages fix- 
pence, and not guilty as to therelidue. It was moved 
for the plaintiff tliat he fliould have lull cofts ; alleging 
that the fiat. 22 & 23 Car. II. (which refiricls colts in 
trefpafs, wlicre the damages are under forty Ihillings, 
iinlefs the freehold or title to the land came in quefiion) 
did not extend to this aflion, in v/hich there could not 
poffibly be any quefiion relating to the land, but merely 
to the franchife of free warren : for that ail related only 
to fucli ailion of trefpafs, wdiere fome injury was done 
to the land. For the defendant it was anivvered, that it 
was poffible the freehold or title to the land might be lo 
inter.voven with the title to the free warren, that botli 
migiit come in quefiion. And where the title of the 
land may come in quefiion, but did not, and the damages 
are under forty ftillings, there fiiall be no more cofts 
tlian damages.—B)' the cou.rt: The ait is confined to lucli 
ailions of trefpafs wliere tire foil or land is mentioned in 
the declaration as the fubjeit of the trefpafs complained 
of. The right of free warren was not in the contempla¬ 
tion of the legiflature. In an aition merely for breaking 
free warren, it is impolfible the title of the foil can ever 
come in quefiion. For though both may concur in one 
perfon, yet the title to the free warren is always collate¬ 
ral to tliat of the land, for a man may have free warren 
inanother man’s land. Befides, the hare fo hunted was 
the perfonal property of the owner of the free warren ; 
and if any injury be done to perfonal property, that will 
take it out of the ftatute, and intitle the plaintiff'to full 
cofts. And the rule was made abfolute for taxing full 
cofts. 2 Black. Rep. riji. 
The next franchife which confers a right of killing 
game, is termed an honour ; and confifis of lands, li¬ 
berties, and royalties, i Bulf. 197. 2 Rol. 72. /. 48. And 
it is the moft noble feigniority. Co. Lit. 108 a. One or 
more manors may be parcel of an honour. 2 Rol. 72. 
1 . 45. So a forefi may be appendant to it. 2 Rol. 73. /. 3. 
—An honour originally lhall be created by the king. 
Co. Lit. 108 a. Every honour miift be holden of the 
king. R, I Bui. 195. And if it be affigned, or granted 
over to another, it fiiall not be holden of a fubjett For 
it may be granted by the king alone to a fubjedf. A man 
may claim and hold an honour by grant, or by preferip. 
tion : but the king at this day cannot make an lionour 
by grant, without an adl of parliament. R. i Bui. 195, 
196. Co. Lit. 108 a. 
The following is a lift of honours wdthin the realm, 
viz. Ampthill (by fiat. j!3 Hen. VIIZ. c. 37). Aquilay 
3 V) (fom 
