Ch,VIII.] Forests. 139 ^ble, not by the forest laws, but by the common law of the land (a). It has recently been decided, that there may be a valid cus- tom in a manor, within the limits of an antient forest belonging to the Crown, for the lord, with the assent of the homage, to grant parcels of the waste to be held in severalty by copy of court-roll, and inclosed, in exclusion of persons having rights of common. And Lord Ellenborough observed, that " He saw no reason why the waste might not legally be granted out in this manner, although part of the manor were within a royal forest. The Crown may still exercise the same rights of forest over it as before. Whether the deer be excluded must depend upon the nature of the inclosures. If the fences erected are higher than are permitted by the laws of the forest, the forest officers may still interfere, and break them down. According to the custom, the grant is only to the ex- clusion and abolition of rights of common, not of the rights of forest. And his Lordship said, he knew instances in Wind- sor Forest, in which the Crown has made grants in severalty, reserving the rights of forest, with an advanced rent, while these rights shall not be exercised." As observed in a recent work (6), 2i purlieu (which is derived by Lord Coke (c) from pur, clear, entire, and exempt, and lieu, a place,) is land adjoining to a forest, known by meers im- moveable upon record, and which was formerly within the forest, but was disaffiarested by cJiarta deforesta (d). The pur- lieu, however, notwithstanding this statute, still continues a forest, for many purposes relating to game {e and is privileged in the protection of deer by various modern statutes (/*). The land is disaffijrested as to the particular owners of it, and for their benefit, and not generally so as to give liberty to every one to hunt ; and if animals escape out of the forest into the purlieu, the King has a property in them against every one but the owner of the woods and lands in which they are, and such owners have a special property in them, ratione loci{g). (a) See Manwood, 49. (e) 4 Inst. 303. Manwood, tit. Pur- (b) 1 Chitty's G. L. 16, 17. lieu. (c) 4 Inst. 303. (/) 3 W. and M. c. 10. IG Geo. 3. (f/) Manwood, tit. Purlieu, 242. c. 30. 2Stra. 1119. Com. Dij. tit. Chase I, 1. / (g) Manwood, tit. Purlieu. But
