Nov 062018

The Charter of the Forest (Carta Foresta) was first signed on this date in 1217 at St Paul’s Cathedral in London. It is a charter that re-established for free men rights of access to the royal forest that had been eroded by William the Conqueror and his heirs. Many of its provisions were in force for centuries afterwards. It was originally sealed in England by the young king Henry III, acting under the regency of William Marshall, 1st Earl of Pembroke. It was in many ways a companion document to the Magna Carta, and redressed some applications of the Anglo-Norman Forest Law that had been extended and abused by William Rufus and thereafter.

To the Normans, “forest” meant an enclosed area where the monarch (or sometimes another aristocrat) had exclusive rights to animals of the chase and the greenery (“vert”) on which they fed. It did not consist only of trees, but included large areas of heathland, grassland and wetlands, productive of food, grazing and other resources. Lands became more and more restricted as king Richard and king John designated greater and greater areas as royal forest. At its widest extent, royal forest covered about one-third of the land of southern England. Thus, it became an increasing hardship on the common people to try to farm, forage, and otherwise use the land they lived on.

The Charter of the Forest was a complementary charter to the Magna Carta from which it had evolved. It was reissued in 1225 with a number of minor changes to wording, and then was joined with Magna Carta in the Confirmation of Charters in 1297.

At a time when royal forests were the most important potential source of fuel for cooking, heating and industries such as charcoal burning, and of such hotly defended rights as pannage (pasture for their pigs), estover (collecting firewood), agistment (grazing), or turbary (cutting of turf for fuel), this charter was exceptional in providing a degree of economic protection for free men (women had no rights) who used the forest to forage for food and to graze their animals. In contrast to Magna Carta, which dealt with the rights of barons, it restored to the common man some real rights, privileges and protections against the abuses of an encroaching aristocracy. For many years it was regarded as a development of great significance in England’s constitutional history, with the great seventeenth-century jurist Sir Edward Coke referring to it along with Magna Carta as the Charters of England’s Liberties, and Sir William Blackstone remarking in the eighteenth century that “There is no transaction in the antient part of our english history more interesting and important, than . . . the charters of liberties, emphatically stiled THE GREAT CHARTER and CHARTER OF THE FOREST . . . .”

The first chapter of the Charter protected common pasture in the forest for all those “accustomed to it”, and chapter nine provided for “every man to agist his wood in the forest as he wishes”. It added “Henceforth every freeman, in his wood or on his land that he has in the forest, may with impunity make a mill, fish-preserve, pond, marl-pit, ditch, or arable in cultivated land outside coverts, provided that no injury is thereby given to any neighbour.”. The Charter restored the area classified as “forest” to that of Henry II’s time.

Clause 10 repealed the death penalty (and mutilation as a lesser punishment) for capturing deer (venison), though transgressors were still subject to fines or imprisonment. Special Verderers’ Courts were set up within the forests to enforce the laws of the Charter.

By Tudor times, most of the laws served mainly to protect the timber in royal forests. However, some clauses in the Laws of Forests remained in force until the 1970s, and the special courts still exist in the New Forest and the Forest of Dean. In this respect, the Charter was the statute that remained longest in force in England (from 1217 to 1971), being finally superseded by the Wild Creatures and Forest Laws Act 1971.

To mark 800 years of the Charter of the Forest, in 2017 the Woodland Trust and more than 50 other cross-sector organizations joined forces to create and launch a Charter for Trees, Woods and People, reflecting the modern relationship with trees and woods in the landscape for people in the UK.

Here is a 13th-century recipe (sort of) from Henry of Huntingdon (c. 1088 – c. 1157). It is from Anglicanus ortus, eight books of poems and epigrams on herbs, spices, and gems united by a medical theme.

   Parsley is the best herb for mutton, the best for pork.
   If you ask the method, I will tell you. I’ll indicate for you
   the first meats in the first place, the second in the second.
   Take Pennyroyal, Cress, and Parsley;
   yet if that herb which the crowd is apt to call ius danna
   should be present, use it and not the Cress.

    Add Cost to these and mix in a bit of Pepper;
    you can now mix these with the mutton drippings.
   There will be no other flavor better suited to mutton,
   or so they relate who are devoted to these arts.
   Take Basil and Savory and Parsley
   and Cress, unless ius danna is near to you.

    Mix together Pepper and Cumin with these juices.
    In such a way, if you are eating cold pork,
    no other flavor would be made more pleasing than this.

Henry was a big fan of parsley, and in this poem he extols its virtues for making gravy with mutton fat. I presume he added broth, cream, or verjuice as well because fat and herbs alone would not make a particularly appetizing sauce, even for a Medieval Norman.

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