From the King’s Will to the Law of the Land: English Forest Litigation in the Curia Regis Rolls, 1199-1243

Abstract

While regulations governing the use of Medieval English land and game previously existed, William I implemented a distinct Anglo-Norman version of forest law after the Norman Conquest in 1066. Forests as a legal term, however, did not solely mean wooded lands. Forests covered many terrains, including pasture or meadow. Forest law evolved from regulations that changed with the king’s will to a bureaucratic system that became law of the land. That shift came slowly through the reigns of King John (r. 1199-1216) and Henry III (r. 1216-1272). While discord dominated John’s relationship with his barons, once his son Henry reached majority he responded favorably to critiques of his reign by the nobles. The forest cases in the Curia Regis Rolls, litigation records from the English central court, highlight the complex legal negotiations between the king, the elites, and those who operated in the forests. Nobles who had access to the king’s court confirmed or maintained their rights to land and its resources through these suits. In this way, the Curia Regis Rolls demonstrate how the elite used forest rights for personal gain, through management of the natural resources and protections of the liberties and exemptions for themselves and their heirs.