Who Owns England?. Guy Shrubsole

time of Henry II’s reign (1154–89), it’s reckoned that royal forests covered somewhere between a quarter and a third of all England – a vast area of land subjugated to the private pleasures of one individual at the expense of the public. Royal forests weren’t all strictly owned by the Crown – some were established on land belonging to other landowners – but the constraints and privileges enacted by forest law were so stringent that the Crown might as well have owned the land outright.

      The royal penchant for game also inspired many barons to set up their own deer parks and hunting grounds. The thrill of the hunt is still recorded today in place names like Cannock Chase or Cranborne Chase, where nobles took their cue from the king in applying the principles of the royal forest to their own lands. Just as the Crown’s division of the spoils of conquest had established a landowning elite, so its act of closing off previously public lands for private gain set a dangerous precedent. In centuries to come, the aristocracy and gentry would begin the process of enclosure, stealing land once held in common and converting it into farmland for private profit.

      But the Crown’s land grabs didn’t go unchallenged. Everyone today has heard of Magna Carta, the contract forced upon the Crown in 1215 by barons fed up with a despotic monarch. Most people have forgotten, however, about the Charter of the Forest, the ‘poor man’s Magna Carta’ which simultaneously pressed the Crown to respect rights customarily held by commoners.

      As the historian Peter Linebaugh recounts, ‘There were two charters forced on King John at Runnymede. Beside the great charter with which we are all vaguely familiar, there was a second charter in 1217 known as the Charter of the Forest. Whereas the first charter concerned, for the most part, political and juridical rights, the second charter dealt with economic survival.’ The Charter ordered that ‘all woods made forest … shall be immediately disafforested’ – which is to say, removed from royal jurisdiction. The rights of commoners to the fruits of the earth – rights which were later to be savagely abused by the aristocracy – were accepted and codified by the Crown. Thereafter, royal rorests and forest law started to shrink in extent and influence. Edward III ‘disafforested’ the whole of Surrey in 1327, and by 1350 only 15 per cent of England lay under forest laws.

      The decline of the royal forests didn’t end the Crown’s love affair with hunting, of course. Fashions simply evolved as nature’s larder was depleted. The last wild boar in England was killed in the seventeenth century. The Hanoverian kings had more of a taste for landscape gardening and hobby-farming, particularly George III, who earned the nickname ‘Farmer George’. But under Queen Victoria, the Crown’s sponsorship of bloodsports revived in a big way – only this time, the fashion was to buy a keepered grouse moor and blast away at birds with a shotgun. Today, the Queen owns a huge grouse moor estate around Balmoral and another in the North York Moors via the Duchy of Lancaster, as well as hosting pheasant shoots at Sandringham. Once again, the Crown has acted as a trendsetter in the ownership and misuse of land, shaping aristocratic tastes and causing hundreds of thousands of acres of upland England and Scotland to be converted into sporting estates.

      Between the Black Death and the Civil War, the story of the Crown lands – as much as is known about them – seems to be one of financial mismanagement and decline. For a time, the monarchy’s landed estates had provided adequate income for the royal household to live within its means. But fighting endless foreign wars of aggression, from the Crusades to the Hundred Years War, proved expensive; and soon kings were summoning their barons to plead for more cash. Parliament, the setting for such negotiations, at first delivered the goods – even when it proved ruinous. The levying of the vastly unfair Poll Tax in 1381 sparked a colossal revolt by peasants and labourers that threatened to topple feudalism in its entirety. The revolt was quashed and the landowning order maintained. But increasingly, even landowner-dominated Parliaments came to view the excesses of the Crown with disdain.

      Throughout this period, successive kings and queens flogged off and gave away Crown lands with scant thought for the longer term. With the exception of the two duchies – which we’ll turn to later – the monarchy’s lands were frittered away, handed out to favourites at court rather than managed to maximise incomes. Most profligate of all were the Stuart dynasty, whose thirst for cash resulted in the selling off of land, the creation of new peerages, demands for higher taxes and then, when MPs refused to levy them, the dissolution of Parliament. In fact, the Stuart kings cocked up their finances so badly, it led to civil war and Parliament’s execution of Charles I.

      For eleven years, England had no Crown. Determined to run things more efficiently, Cromwell’s Parliaments carried out an extensive survey of Crown lands. But rather than keep hold of them as an ongoing source of revenue for the nation’s finances, they too decided to sell them off. The reason was simple: Cromwell’s army was massively in arrears, and its unpaid footsoldiers were getting restless. The Crown lands were sold for about £250 million in today’s money, going some way towards settling Parliament’s civil war debts. Many of the buyers were existing landed gentry; others belonged to Cromwell’s officer class. They didn’t get to enjoy their new possessions for long, however: the collapse of the Republic and restoration of the monarchy in 1660 led to the immediate return of all lands to the Crown.

      The restored monarchy soon found its freedom to manoeuvre hemmed in by constitutional restraints put in place by a Parliament determined never to have to go to war with the Crown again. When the Stuarts once more proved too big for their boots, MPs invited first the Dutch and then the Germans to come and have a go at wearing the crown. The Hanoverian dynasty proved much more compliant with the wishes of Parliament. In 1760, George III agreed to give up the income from his Crown lands in exchange for an annual stipend called the Civil List. The lands would still technically be his, ‘in right of his Crown’, but the revenues would flow to the Treasury and they would be managed by an organisation answerable to Parliament – later called the Crown Estate.

      It was a sweet deal for the king, as the Crown lands were in a pretty shambolic state at the time. Revenues remained low, and land holdings had continued to be filched for bribes and the enrichment of court favourites. The Civil List, by contrast, handed the royal family a guaranteed fixed income. And over the next century, the Crown Estate’s fortunes were to revive. Staffed with an increasingly professional civil service, its holding of land doubled in size from around 106,000 acres to 220,000 acres over the course of Queen Victoria’s reign. More importantly from the government’s perspective, revenues grew immensely, bringing in millions of pounds for the public purse. The development of London made some Crown lands stupendously valuable – such as Regent Street, built to link the Prince Regent’s mansion on Pall Mall with Regent’s Park in the north. And when it was forced to hand over the remaining royal forests to the Forestry Commission in 1924, the Crown Estate quickly made up the lost acreage by investing in farmland instead.

      Over the last century, the Crown Estate has become a fully commercial institution, managing its enviable property portfolio with ruthless efficiency. Its holdings have expanded still further to cover 336,000 acres of England and Wales, with huge tracts of prime farmland in Lincolnshire and the Fens, on Romney Marsh, and along the Holderness shore. Comparing maps of what the Crown Estate owns with agricultural land classification maps, you can see that nearly all of its farms are on top-quality Grade 1 and 2 farmland. It also benefited from receiving £366,000 in taxpayer farm subsidies in 2016.

      Still, nowadays, there’s much more money to be made from Apple iPhones than from apples. The Crown Estate gets more rental income from Apple’s flagship store on Regent Street than it does from its entire agricultural estate. And though it still bears responsibility for managing the Crown’s traditional stamping grounds – Windsor Great Park, for instance – its modern capitalist instincts mean it always has an eye out for new ways to boost its earnings. Where the Crown’s landed interests once lay in castles and deer parks, the Crown Estate now prioritises investment in shopping centres and retail parks. That may sound like a moan about creeping commercialisation, but frankly, I’d rather the Crown generate proceeds for the public purse than, say, own a forest for a monarch’s exclusive right to hunt boar. The Crown Estate’s ownership of the UK seabed has also made it a champion for renewable energy and addressing climate change: what was once an effectively worthless asset has become highly lucrative with the UK’s development of offshore