Park

In English law, a portion of one's grounds which he has, by lawful right, enclosed and stocked with beasts of chase. Compare Chase. Manwood defines a park to be a privileged place for beasts of venary, and other wild beasts of the forest and chase, tam sylvestres, quam campestres; and says that it differs from a chase or warren, and it must be enclosed; for, if it lies open, this is good cause of seizure of it as being forfeited, just as a free chase is, if it be enclosed; besides, the owner cannot have an action against such as hunt in his park, if it lies open. According to Jacob and Tomlins, to a park three things are required: a grant thereof; enclosures by pale, wall, vert, venison, and enclosure; and if it is determined in any of them, there is a total disparking. No man can erect a park without license under the broad seal; for the common law does not encourage matter of pleasure, which brings no profit to the commonwealth. But there may be a park in reputation, erected without lawful warrant. Blackstone defines park as an enclosed chase extending only over a man's own grounds. While the word park properly signifies an enclosure, yet it is not every field or common which a gentleman pleases to surround with a wall or paling, and to stock with a herd of deer, that is thereby constituted a legal park; for the king's grant, or, at least, immemorial prescription, is necessary to constitute one. Though in modern times the difference between a park in law and mere enclosed grounds is, in many respects, not very material, only that it is unlawful at common law for any person to kill any beasts of park or chase, except such persons as possess the franchise of forest, chase, or park.

See Manw. For. Laws; Cro. Car. 59; Co. Inst.; 2 Bl. Com. ch. 3, 38.