Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/50

 38 execute all proces: to have a fair or market; with the right of taking toll, either there or at any other public places, as at bridges, wharfs, and the like; which tolls mut have a reaonable caue of commencement, (as in conideration of repairs, or the like) ele the franchie is illegal and void : or, latly, to have a foret, chae, park, warren, or fihery, endowed with privileges of royalty; which pecies of franchie may require a more minute dicuion.

to a foret: this, in the hands of a ubject, is properly the ame thing with a chae; being ubject to the common law, and not to the foret laws. But a chae differs from a park, in that it is not encloed, and alo in that a man may have a chae in another man's ground as well as his own; being indeed the liberty of keeping beats of chae or royal game therein, protected even from the owner of the land, with a power of hunting them thereon. A park is an encloed chae, extending only over a man's own grounds. The word park indeed properly ignifies any encloure; but yet it is not every field or common, which a gentleman pleaes to urround with a wall or paling, and to tock with a herd of deer, that is thereby contituted a legal park: for the king's grant, or at leat immemorial precription, is neceary to make it o. Though now the difference between a real park, and uch encloed grounds, is in many repects not very material: only that it is unlawful at common law for any peron to kill any beats of park or chae, except uch as poes thee franchies of foret, chae, or park. Free-warren is a imilar franchie, erected for preervation or cutody (which the word ignifies) of beats and fowls of warren ; which, being ferae naturae, every one had a natural right to kill as he could: Rh