A.D. 1612-1663.
Grants in the Forest to Earl of Pembroke--Mining restricted to the
Foresters--Iron cinders of old workings re-smelted in the new
furnaces--Last justice seat held in 1635, extending the limits of the
Forest to those of Edward I.--Grant to E. Terringham--Forest surveyed in
1635--Sale of the woods to Sir J. Winter--Disturbances of the Civil War
at Coleford, Highmeadow, Ruerdean--Adventures of Sir J. Winter at
Westbury, Little Dean, Newnham, Lydney--Events on the north side of the
Forest--Incidents of the Protectorate, riots and devastations of the
Forest--Sir J. Winter's patent restored--Effects of a great storm--Survey
of the Forest in 1662--Mr. J. Pepys and Sir J. Winter on the Forest--The
latter resumes his fellings--Inhabitants suggest replanting and enclosing
the Forest--Act of 20 Charles II., c. 3--Sir J. Winter's licence
confirmed.
On the 17th of February, 1612, William Earl of Pembroke obtained a grant
"of 12,000 cords of wood yearly for twenty-one years at 4s. per cord,
being 2400 pounds, and reserving a rent besides of 33 pounds 6s. 8d. per
annum," with "liberty to dig for and take within any part of the said
Forest, or the precincts thereof, such and so much mine ore, cinders,
earth, sand, stone, breaks, moss, sea coal, and marle, as should be
necessary for carrying on the iron-works let to him, or which he should
erect; no person or persons whatsoever other than the said Earl to be
permitted during the said term to take or carry out of the said Forest
any wood, timber, mine ore, or cinders, without consent of the said Earl,
except such timber as should be used for his Majesty's shipping." The
Earl obtained, on the 13th June of the same year, a grant of "the
lordship, manor, town, and castle of St. Briavel's, and all the Forest of
Dean with the appurtenances, and all lands, mines, and quarries belonging
thereto, except all great trees, wood, and underwood, to hold for forty
years at the yearly rent of 83 pounds 18s. 4d., and an increase rent of 3
pounds 8d."
It appears that, soon after these leases were granted, the miners,
hitherto accustomed to dig for ore in the Forest, resumed their work
without the Earl's consent, and an information was filed against some of
them by the Attorney-General. Upon this, an order, dated 28th January,
1613, was made by the Court, "that those miners, and such others as had
been accustomed to dig ore in the Forest, upon the humble submission for
their offences, and acknowledgment that the soil was the King's, and that
they had no interest therein, and upon their motion by counsel that they
were poor, and had no other means of support, and praying to be continued
in their employment, should be permitted, _out of charity and grace_,
_and not of right_, to dig for mine ore and cinders, to be carried to his
Majesty's iron-works, and not to any other place, at the accustomed
rates; if the farmers of the King's iron-works should refuse to give
those rates which, as well as the number of diggers, were to be
ascertained by Commissioners to be named by the Court, that then they
might sell the ore to others; but no new diggers were to be allowed, but
only such poor men as were inhabitants of the said Forest." It was not
intended that this order should always continue in force, but only until
such time as the cause brought in the name of the foresters should be
heard and determined. This, however, appears never to have been done, as
no decree was obtained, probably from the miners considering it best to
accept the terms offered, regarding the above order as a record in their
favour, since it provided that "no new diggers were to be allowed, but
only such poor men as were inhabitants of the said Forest;" a view, it
may be remarked, agreeing with that which the free miners took in their
memorial of 1833. {25}
The cinders adverted to were the ashes or refuse left by a former race of
iron manufacturers, whose skill was too limited to effect more than the
separation of a portion of the metal, but which the improved methods, now
introduced into the district, turned to a good account. A return made in
1617, by Sir William Coke, &c., to a commission issued out of the
Exchequer, to inquire concerning the Forest of Dean, states that "His
Majesty, since the erecting the iron-works, had received a greater
revenue than formerly." Their structure is described in "The Booke of
Survey of the Forest of Dean Ironwork," dated 1635, from which it appears
that the stone body of the furnace now adopted was usually about
twenty-two feet square, the blast being kept up by a water-wheel not less
than twenty-two feet in diameter, acting upon two pairs of bellows
measuring eighteen feet by four, and kept in blast for several months
together. Such structures existed at Cannope, Park End, Sowdley, and
Lydbrook. Besides which, there were forges, comprising chafferies and
fineries, at Park End, Whitecroft, Bradley, Sowdley, and Lydbrook.
Messrs. Harris and Chaloner, &c., as farmers to the Crown, held all of
them on lease.
The last justice seat in Eyre, or Supreme Court of Judicature for the
royal forests, was held the same year as the above (1635) at Gloucester
Castle before Henry Earl of Holland, on which occasion "the matter
concerning the perambulation of this Forest was solemnly debated," the
counsel for the Crown producing the bounds thereof as settled by the 12th
of Henry III. and 10th Edward I., with the view of obtaining its
re-extension to Gloucester, Monmouth, and Chepstow. On the other hand,
the counsel for the City of Gloucester, &c., brought forward the
perambulations made 26th and 28th Edward I., confirmed by Letters Patent
29th Edward I., and by an Act of 10th Edward III. The Grand Jury, not
being able to agree to their verdict on that day, which was a Saturday,
desired further time in a matter of such weight; and on the Monday
following decided, that the more extensive limits, comprising seventeen
additional villages, were the true ones. But "their inhabitants being
fearful that they would be questioned for many things done contrary to
the Forest Laws, the King's Counsel, in regard of their being but new
brought in, and long usage, thought it not fitt to proceed with any of
them at that justice seat." Amongst some 120 claims to rights and
privileges of various kinds preserved in the Office of Public Records,
{27} and put in at the same Court, was one of Philip Earl of Pembroke to
be Constable of the Castle of St. Briavel's and Warden of the Forest,
under a grant from the King, and, as such, Chief Judge of the Mine Law
Court.
In A.D. 1637 a grant was made to Edward Terringham of "all the mines of
coal and quarries of grindstone within the Forest of Dean, and in all
places within the limits and perambulations thereof, as well those within
his Majesty's demesne lands, and the waste and soil there, as also all
such as lay within the lands of any of his Majesty's subjects within the
perambulation of the said Forest, to his Majesty reserved, or lawfully
belonging, to hold for thirty-one years, at the yearly rent of 30
pounds."
The next year (1638) is marked by the first effort which the Crown seems
to have made to renew the crops of timber in the Forest, rendered
necessary by the report that, on surveying it, a supply of no more than
105,557 trees, containing 61,928 tons of timber, and 153,209 cords of
wood, of which only 14,350 loads were fit for shipbuilding, was found, as
"the trees were generally decayed, and passed their full groath."
Accordingly, under the direction of Sir Baynham Throckmorton, 16,000 or
17,000 acres were ordered to be taken in, "leaving fit and convenient
highways in and through the same." After sundry meetings, the commoners
consented thereunto, few or none objecting, in consideration of 4000
acres set apart for their use on the different sides of the Forest, as
follows:--On the side next Lydney and Awre, 550 acres; towards Ruerdean
and Lydbrook, 350 acres; near to St. Briavel's, 500 acres; towards Little
Dean, Flaxley, Abenhall, and Mitcheldean, and the Lea, 876 acres; in
Abbot's Wood, 76 acres; on the side nearest to Newland and the villages
of Breme, Clearwell, and Coleford, 900 acres; towards Newland, 174 acres;
next to Bicknor, 350 acres; and towards Rodley and Northwood, 100 acres.
The Lea Bailey, containing the best timber, was not included, but left
open. The proportion observed in the size of these common lands is
probably indicative of the way in which the population surrounding the
Forest was distributed. Traces of the bounds of some of these allotments
may yet be made out, by the remains of the ditches and banks with which
they were fenced.
Such a scheme, if judiciously carried out, would have done much to secure
the object in view, only it was connected unhappily with the entire sale
made under the date of 20th February, 1640 (15th Charles I.), to Sir John
Winter, of all the mines, minerals, and stone-quarries within the limits
of the Forest, to work and use the same, together with all timber, trees,
woods, underwood growing in any part thereof, in consideration of 10,000
pounds, and the yearly sum of 16,000 pounds for six years, and of a fee
farm rent of 1950 pounds 12s. 6d. for ever. This bargain was equivalent
to selling the Forest altogether, and the inhabitants of the district,
being greatly dissatisfied, took advantage of the approaching civil
distractions to throw down the fences which Sir J. Winter had already
begun to make.
Of those distractions, the first that occurred in this part of the county
took place on the 20th February, 1643. Clarendon and Corbet record, that
on this day Lord Herbert, the Earl of Worcester's eldest son, and the
King's Lieutenant-General of South Wales, marched through Coleford and
the Forest of Dean for Gloucester, at the head of an army of 500 horse
and 1500 foot, the outfit and preparation of which is stated to have cost
60,000 pounds. At Coleford their progress was impeded by a troop of
Parliamentarians under Colonel Berrowe, aided by a disorderly rabble of
country people. An affray ensued, during which the old market-house was
burnt, and Major-General Lawley, who commanded the foot, "a bold and
sprightly man," with two other officers, were shot dead from a window,
although not one common soldier was hurt. Colonel Brett was then put in
command of the foot, Lord John Somerset continuing at the head of the
horse. They forced a passage through, after capturing Lieutenant-Colonel
Winter, together with some inferior officers and common soldiers, and so,
putting the rest to flight, marched without further molestation for
Gloucester.
In the April following, Sir William Waller, retreating from Monmouth
towards Gloucester through the Forest, narrowly escaped capture by Prince
Maurice, who was at hand to intercept him with a considerable force.
Alluding many years afterwards to this adventure, he writes:--"Upon my
march that night through the Forest of Dean, it happened through the
sleepiness of an officer, that the main body was separated from the fore
troope with which I marched, so that I was fain to make an halt for above
half an hour, within little more than a mile of the Prince's
head-quarter, in broad daylight; the allarme taken, and not 120 horse
with me. Nevertheless, itt pleased God in his infinite mercy to direct
the rest of my troopes to me; and, under the conduct of his providence,
to grant me a safe and honorable retreat to Gloucester, in despight of
the enemy, who charged me in the reare, with more loss to himself than to
me."
But the individual who figured most prominently in these parts at this
eventful period was the ardent royalist Sir John Winter. His case is
thus quaintly stated by Sanderson:--"From the pen, as secretary to the
Queen, he was put to the pike, and did his business very handsomely, for
which he found the enmity of the Parliament ever after;" so that Corbet,
one of their devoted adherents, designates him "a plague," and his house
of White Cross, near Lydney, "a den." This place he had been secretly
strengthening against attack for some time, storing it with arms and
ammunition, and collecting soldiers; but he did not openly declare
himself until the siege of Gloucester was raised, on 5th September, 1643.
During the ensuing winter, and on to the 7th of May following, Corbet
speaks of him as "referring all his industry to his own house," described
as being "in the heart of the Forest," of which, says the same writer, he
had "obtained the entire command," and from whence he succeeded in making
constant attacks upon the adjoining small Parliamentary garrisons of
Huntley and Westbury, who were treacherously sold to him by Captain
Thomas Davis, and he was thus enabled to advance almost to Gloucester.
Upon the day just named, in the year 1644, the following affray happened
at Westbury, occasioned by Colonel Massy's attempt to recover it for the
Parliament. Corbet says:--"Here the enemy held the church, and a strong
house" (understood to be Mr. Colchester's) "adjoining." "The Governor
(Colonel Massy), observing a place not flanked, fell-up that way with the
forlorne hope, and secured them from the danger of shot. The men got
stooles and ladders to the windowes, where they stood safe, cast in
granadoes, and fired them out of the church. Having gained the church,
he quickly beat them out of their workes, and possest himself of the
house, where he took about four score prisoners, slaying twenty others,
without the losse of a man."
Upon the same day a similar but more fatal encounter took place at
Littledean, a village situated under the east slopes of the Forest hills,
and as yet occupied for the King. "Here," says Corbet, "the governor's
troop of horse found the enemy stragling in the towne, and, upon the
discovery of their approach, shuffling towards the garrison, which the
troopers observing, alighted and ran together with them into the house,
where they tooke about 20 men. Neere unto which guard,
Lieutenant-Colonel Congrave, Governor of Newnham, and one Captain
Wigmore, with a few private souldiers, were surrounded in some houses by
the residue of our horse. These had accepted quarter, ready to render
themselves, when one of their company from the house kils a trooper,
which so enraged the rest, that they broke in upon them, and put them all
to the sword: in which accident, this passage was not to be forgotten
that expressed in one place an extreame contrariety in the spirits of men
under the stroke of death: Congrave died with these words, 'Lord receive
my soule!' and Wigmore cryed nothing but 'Dam me more, dam me more!'
desperately requiring the last stroke, as enraged at divine revenge."
The spot where these officers fell is considered to have been at Dean
Hall, in the dining-room, near the fireplace.
Corbet next goes on to recite how Colonel Massy followed up these
exploits by marching to Newnham the next day, "where," says he, "a strong
party of Sir John Winter's forces kept garrison in the church, and the
fort adjoining," (on a spot which has been turned lately into public
pleasure grounds,) "of considerable strength, who at that instant were
much daunted and distracted by the losse of Congrave, their governor.
Our men were possest of the town without opposition, and recovered the
houses, by which they got nere the workes. The Governour (Massy)
commanded a blind of faggots to be made athwart the street, drew up two
pieces of ordnance within pistoll shot, and observing a place not well
flanked where he might lead up his men to the best advantage, himself
marched before them, and found that part of the work fortified with
double pallisadoes; the souldiers being provided with sawes to cut them
down, and having drawn them close within a dead angle, and secure from
their shot, and drawing the rest of his forces for a storme, the enemy
forthwith desires a parley, and to speake with the governour, which he
refused, and commanded a sudden surrender. In this interim some of the
enemy jumpt over the workes, and so our men broke in upon the rest, who
ranne from the out worke into the churche, hoping to cleare the mount
which we had gained. But our men were too nimble, who had no sooner
entred the mount, but rushed upon them before they could reach home, and
tumbled into the church altogether. Then they cryed for quarter, when,
in the very point of victory, a disaster was like to befall us: a barrell
of gunpowder was fired in the church, undoubtedly of set purpose, and was
conceived to be done by one Tipper, a most virulent Papist, and Sir John
Winter's servant, despairing withall of his redemption, being a prisoner
before, and having falsified his engagement. The powder-blast blew many
out of the church, and sorely singed a greater number, but killed none.
The souldiers, enraged, fell upon them, and in the heate of blood slew
neere 20, and amongst others this Tipper. All the rest had quarter for
their lives (save one Captaine Butler, an Irish rebell, who was knocked
down by a common souldier), and an 100 prisoners taken. The service was
performed without the losse of a man on our side."
Emboldened to proceed, and anxious to take advantage of Sir John Winter's
absence at Coleford, Colonel Massy marched on forthwith to Lydney House.
He did not attack it, however, so well was it fortified and provided, and
courageously defended, by Lady Winter, who, upon being pressed to
deliver, answered--
"Sir,--Mr. Winter's unalterable allegiance to his King and Sovereign,
and his particular interest to this place, hath by his Majesty's
commission put it into this condition, which cannot be pernicious to
any but to such as oppose the one and invade the other; wherefore
rest assured that in these relations we are, by God's assistance,
resolved to maintain it, all extremities notwithstanding. Thus much
in Mr. Winter's absence you shall receive from
"MARY WINTER."
To inconvenience so daring a lady would be contrary to the Colonel's
gallantry, and he drew off to the adjoining hills towards the Forest, the
better to meet Sir John Winter and Colonel Mynne, who were reported to be
returning with a considerable strength of horse, assisted by the Lord
Herbert's forces. But the Royalists not appearing, Massy contented
himself with setting fire to Sir John's iron-mills and furnaces, and in
the evening marched back to Gloucester.
Lydney House and Berkeley Castle remained the last strongholds of the
Royalists in the county of Gloucester. The restless proprietor of the
former was perpetually engaged in attempts to restore the King's
declining cause, and in particular to reduce the inhabitants of the
Forest, which was an object of some importance, as their iron-works, &c.,
afforded supplies to Bristol, then besieged by the Parliament forces.
The foresters had declined in their loyalty, through Sir John Winter's
occupying their woods, from which his enclosures excluded them.
Accordingly his name is rarely absent from the accounts given by
contemporary writers, of efforts made in this neighbourhood for the
Crown. Most likely he assisted Prince Rupert in his first attempt made
in the month of September, 1644, to fortify and establish a permanent
guard on the promontory at Beachley, but from which they were quickly
dislodged by Massy. We know he was present when the same effort was
renewed a month later, and had a second time to be relinquished, Sir John
Winter only effecting his escape by hard riding, and making a desperate
descent upon the river Wye, by which he was only just enabled to reach
the Prince's ships lying at its mouth.
So favourable an opportunity as this defeat gave for the capture of
Lydney House was not to be lost, and it was invested forthwith. Timely
aid was however rendered about the 2nd of April, 1645, by the arrival of
Prince Maurice with a force of 2,000 horse and 1,500 foot, who, as they
marched towards it from Hereford, took advantage of the occasion to lay
waste the Forest, as a retribution on the inhabitants for having deserted
the King's cause. Corbet says that "they plundered the houses to the
bare walls, driving all the cattell, seizing upon the persons of men, and
sending them captives to Monmouth and Chepstow, except such as escaped to
us by flight, as many did with their armes, and some few that saved
themselves in woods and mine pitts." The same authority adds that "the
King's forces returned a second time into the Forest, and took the
gleanings of the former harvest." In the course of the month of May the
royalists retired, and Sir John Winter, resolving that his house should
never harbour his enemies, burnt it to the ground. He then joined the
King, by whom he was presently despatched with letters to the Queen, in
France, and mentioning him in these terms--"This bearer, Sir John Winter,
as thy knowledge of him makes it needlesse to recommend him to thee, soe
I should injure him if I did not beare him the true witnesse of having
served me with as much fidelity and courage as any, not without much good
successe; though some crosse accydents of late hath made him (not without
reason) desire to waite upon thee, it being needfull that I should give
him this testimony, least his journey to thee be misinterpreted."
The estate which Sir John Winter thus vacated in this neighbourhood was
soon after assigned to his opponent by the House of Commons, who ordered
on the 29th of September, 1645, "that Major-General Massy, in
consideration of his good and faithful service which he hath done for the
kingdom, shall have allowed him the estate of Sir John Winter (who is a
delinquent to the Parliament) in the Forest of Dean; all his iron-mills,
and the woods (timber trees only excepted not to be felled), with all the
profits belonging to them; and ordered that an order at once should be
brought into the House to that purpose." Eventually, however, Sir John
Winter recovered his property, through the influence probably of the
Lords in Parliament, who appear to have favoured him. On his return to
this country he nevertheless seems to have been imprisoned, for on the
7th of September, 1652, we find him liberated from the Tower, upon bail
for three months, on account of sickness; a term of liberty which was
enlarged upon the 7th of December, on the same security, to three months
longer, with permission to go where he pleased within twenty miles of
London. On the 17th of the same month he was remanded back to the Tower.
Evelyn tells us that at this time Sir John Winter amused himself with a
project for charring coal. "July 11th, 1656.--Came home by Greenwich
Ferry, where I saw Sir John Winter's new project of charring sea-coale,
to burne out the sulphure and render it sweete. He did it by burning the
coals in such earthen pots as the glasse-men mealt their mettal, so
firing them without consuming them, using a barr of yron in each crucible
or pot, which barr has a hook at one end, that so the coales being
mealted in a furnace wth other crude sea-coales under them, may be drawn
out of the potts sticking to the yron, whence they are beaten off in
greate halfe-exhausted cinders, which being rekindled make a cleare
pleasant chamber fire, deprived of their sulphur and arsenic malignity.
What successe it may have, time will discover."
Reverting to Sir John Winter's retreat from Lydney, it may be remarked
that, with his retirement from the Forest district, its south side became
quiet; not so its north, for there the following incidents occurred. The
first of them arose from Colonel Massy's efforts to retake Monmouth,
which he strove to accomplish by feigning a sudden retreat from before it
towards Gloucester, as though he had received unfavourable tidings. With
this view he and his forces drew off some three miles into the thickets
of the Forest, sending out scouts at the same time to prevent his being
surprised by the enemy. Intelligence of their disappearance being
reported within the garrison to Lieutenant-Colonel Kyrle, who was in the
secret, he speedily set out in pursuit, but was himself surprised with a
troop of thirty horse, near midnight, by Massy, in Mr. Hall's house, at
High-Meadow. A combination of their forces being effected, they returned
to Monmouth, and with mutual aid, favoured by a dark and rainy night,
recaptured the town, much to the joy of the Colonel and his friends.
Kyrle, an ancestor of "the Man of Ross," lived at Walford, where he was
buried, and where his helmet is still preserved.
The capture of Monmouth proved to be only temporary, as the place was
again lost, thus exposing that side of the Forest to the incursions of
the Cavalier troops. To check these invasions, the garrison of
High-Meadow was carefully kept up. Ruerdean, six miles to the west, and
well situated for guarding the Forest on the north, was made another
military post, being intended to stop plunderers from the King's garrison
at Goodrich, and where there is a spot yet called "Shoot-Hill," adjoining
which many cannon-balls have been found. Probably the site of the old
castle at Bicknor was also converted into an out-station, guarding the
two parallel valleys which there pass up towards the middle of the Forest
from the Wye. This station would likewise assist, from its relative
position, in transmitting signals between Ruerdean and High-Meadow, or
even from Gloucester, if the Beacon, which formerly stood on the crest of
Edge Hill, were included in the range. Such posts would be serviceable
to the Parliamentary Colonel Birch, when engaged in the siege of Goodrich
Castle, not more than four miles north of Ruerdean; for his supplies
would be drawn chiefly from the Forest, as indeed appears from a letter
dated 4th July, 1646, in which he says, "We have supplies of shells for
our granadoes from the Forest of Dean."
Several traditions of violence and blood, referring no doubt to this
period, are preserved by the inhabitants of these parts of the Forest,
one of whom reports an act of cruelty perpetrated on a householder living
in the little hamlet of Drybrook, who was struck down, and his eyes
knocked out, for refusing to give up a flitch of bacon to a foraging
party. Another legend, relative to the same neighbourhood, preserves the
memory of a skirmish called "Edge Hill's Fight," from the spot on which
it occurred. It is true that some of the neighbouring foresters suppose
it to be "the Great Fight mentioned in the almanack," an idea which might
perhaps have given rise to the story, were it not that a small stream
which descends from the place in question bears the name of "Gore Brook,"
from the human blood which on that occasion stained its waters.
The ensuing years of the Protectorate, judging from the frequent notices
in the Parliamentary Journals to that effect, appear to have been
destructive to the timber of the Forest rather than to life or property.
Frequent orders were issued by the Committee of the House of Commons
charged with the care of the Forest of Dean, forbidding the felling of
any more trees whatever, and ordering that any which had been cut down
should be sold for the benefit of the Government. The gentlemen of the
county were invited to assist herein, both by viewing any timber which
had been felled, and also by causing any of it which they judged fit to
be reserved for shipping to be brought into the stores of the Navy. Sir
J. Winter asserts that during the time of the Commonwealth above 40,000
trees were cut down by order of the House of Commons.
In 1650 the above-named Committee ordered all the iron-works to be
suppressed and demolished. Six years later a Bill was brought in and
passed, signed by the Protector Richard, for mitigating the rigour of the
Forest Laws, and for preserving the timber, which all contemporary
testimony on the subject states to have gone miserably to wreck during
the civil wars. On the 11th of May, 1659, Colonel White reported to the
House of Commons, that "upon the 3rd day of this instant month divers
rude people in tumultuous way, in the Forest of Dean, did break down the
fences, and cut and carry away the gates of certain coppices enclosed for
preservation of timber, turned in their cattle, and set divers places of
the said Forest on fire, to the great destruction of the young growing
wood." This riot was probably excited by the efforts which the
Government had recently made for the re-afforesting of 18,000 acres; to
effect which 400 cabins of poor people, living upon the waste, and
destroying the wood and timber, were thrown down.
It would be interesting to know what was the disposition of the
inhabitants of the Forest, and of the neighbourhood generally, towards
the exiled Sovereign, as the way to his restoration began to open out. A
slight clue is afforded by Captain Titus's letter, reporting to the King
that "he had been in the Forest of Dean, and had found the gentlemen very
forward; that several of them had engaged for considerable numbers."
The return of Charles at once restored Sir John Winter to liberty, and to
the benefits of the Patent which the late King had granted him, as also
to his place as Secretary and Chancellor to the Queen Dowager. He
proceeded to act upon the former, by repairing his enclosures, in spite
of determined opposition from the neighbouring inhabitants, who strongly
represented to the Government that the continuance of that grant would
injure both it and the public. Sir Charles Harbord, under date 28th of
December, 1661, thus describes the way in which the above complaint was
preferred:--"His Majesty hath been pleased to be present with my Lord
Chancellor, and Lord Treasurer, &c., at the hearing of this business, and
hath given order that a Commission shall be forthwith issued out of the
Exchequer to inquire into the state of the Forest; intending, upon the
return of the said Commission, to acquaint the Parliament with the true
state of the business; and to recommend it to their wisdom to provide
that the said Forest may be restored to his Majesty's demesne, and
re-afforested, and improved by enclosures for a future supply of wood for
a constant support of the iron-works there, producing the best iron of
Europe for many years, and for the produce of timber for the navy, and
other uses in time to come; which might be of great use for defence of
this nation, the old trees there standing being above 300 years' growth,
and yet as good timber as any in the world; and the ground so apt to
produce, and so strong to preserve timber, especially oaks, that within
100 years there may be sufficient provision there found to maintain the
navy royal for ever." Perhaps the ancient trees here named are those of
which Sir John Winter spoke in the "good discourse" Mr. Pepys had with
him, as "being left at a great fall in Edward the Third's time, by the
name of forbid-trees, which at this day are called 'vorbid trees.'"
Here it may be noted, that there happened on the night of 18th February,
1662, a dreadful storm of wind, alluding to which Pepys writes:--"We have
letters from the Forest of Deane, that above 1,000 oakes and as many
beeches are blown down in one walke there;" and Mr. Fosbroke has recorded
from some other source, that near Newent "the roads were impassable till
the trees blown down were cut away, in some great orchards it being
possible to go from one end to the other without touching the ground."
The Commission mentioned above was directed to Lord Herbert, as Constable
of the Castle of St. Briavel's and Warden of the Forest, and others, to
examine the state and condition thereof. After a careful survey, it was
reported by them that they had found 25,929 oaks and 4,204 beeches,
containing 121,572 cords of wood, fit for being converted into charcoal,
as used at the iron furnaces, and 11,335 tons of ship timber suitable for
the navy. They add, however, that "cabins of beggarly people, with
goats, sheep, and swine, began to invade the same as formerly." A fresh
agreement was forthwith entered into with Sir John Winter on the part of
the Crown, who thereupon surrendered his former Patent, reserving the
woods called Snead and Kidnalls, and nominated Francis Finch and Robert
Clayton to receive a new grant of all such trees as were not fit for
shipping, together with the use and occupation of the King's iron-works,
and liberty to dig for and use iron ore and cinders in the Forest.
Touching the drawing up of this agreement, Mr. Pepys's 'Diary,' under
date 20th June, 1662, supplies us with the following particulars:--"Up by
4 or 5 o'clock, and to the office, and there drew up the agreement
between the King and Sir John Winter about the Forest of Deane; and
having done it, he come himself, whom I observed to be a man of fine
parts; and we read it, and both liked it well. That done, I turned to
the Forest of Deane, in Speede's Mapps, and there he shewed me how it
lies; and the Lea-bayly with the great charge of carrying it to Lydney,
and many other things worth knowing." They evidently enjoyed each
other's society, for in the month of August next following they again met
at "the Mitre," in Fenchurch Street, "to a venison pasty," whither Mr.
Pepys was brought "in Sir John Winter's coach, where I found him" (he
records) "a very worthy man, and good discourse, most of which was
concerning the Forest of Deane, and the timber there, and iron workes
with their great antiquity, and the vast heaps of cinders which they
find, and are now of great value, being necessary for the making of iron
at this day; and without which they cannot work." Evelyn's Diary of 5th
November, 1662, also points to the same topic:--"The Council of the Royal
Society met to amend the Statutes, &c., dined together; afterwards
meeting at Gresham College, where was a discourse suggested by me,
concerning planting his Majesty's Forest of Dean with oake, now so much
exhausted of ye choicest ship-timber in the world."
Sir John Winter lost no time in acting upon the privileges conferred on
him by the late agreement; but just as on the former occasion, it gave
extreme dissatisfaction to the neighbourhood, whose complaints reached
the House of Commons, and forthwith a committee was appointed to
investigate the whole matter; from which committee Sir Charles Harbord
reported to the House, "that Sir John Winter had 500 cutters of wood
employed in Dean Forest, and that all the timber would be destroyed if
care should not be speedily taken to prevent it." The report of the
committee was accompanied by certain propositions, which manifest a
public spirit highly creditable to the neighbourhood, although "the great
difficulty" is noticed "with which the many freeholders that had right of
common and other privileges were prevailed with to submit the same to the
Crown for enclosing the said Forest." These propositions were made the
basis of the ensuing Act, and I insert them without abridgment. They are
headed:--
"Proposals by and on the behalf of the Freeholders, Inhabitants, and
Commoners, within the Forest of Dean, for the preservation and
improvement of the growth of timber there.
"Imprimis, That 11,000 acres of the wastle soil of the Forest of
Dean, whereof the Lea Baily and Cannopp to be part of the said
wastle, may be enclosed by his Majesty, and discharged for ever from
all manner of pasture, estovers, and pannage; and if ever his
Majesty, or his successors, shall think fit to lay open any part of
the said 11,000 acres, then to take in so much elsewhere, so as the
whole enclosure exceed not at any one time 11,000 acres.
"That all the wood or timber which shall hereafter grow upon the
remaining 13,000 acres shall absolutely belong to his Majesty,
discharged from all estovers for ever, and pannage for twenty years
next ensuing. That the whole wastle soil be re-afforested, and
subject to the Forest laws; but that the severity of the Forest laws
be taken off from the lands in several, belonging to the freeholders
and inhabitants within the said Forest, they themselves being
contented to serve his Majesty, according to their several offices
and places, as formerly at the Forest courts.
"That the deer to be kept on the said waste soil may not exceed 800
at any one time; and the fees which belong to the particular
officers, touching venison, may be preserved to them, as to venison
only, and not to wood and trees.
"That it is consented to that the winter heyning and fence month,
according to the Forest law, being such times wherein no kind of
cattle be permitted to abide in any part of the said waste, may be
understood to be from Saint Martin's day in the winter to Saint
George's day in April; and afterwards, from fifteen days before
Midsummer to fifteen days after.
"That all grants of any part of the waste soil of the said Forest be
re-assumed and made void; and that no part of the said waste or soil
be aliened for ever from the Crown, or farmed to any particular
person or persons, by lease or otherwise.
"And that this may be settled by Act of Parliament.
"(Signed) HEN: HALL. DUN: COLCHESTER,
WM. PROBIN. JO: WITT."
The importance of the foregoing propositions appears from the use made of
them, more than a century afterwards, by the Commissioners of Woods and
Forests in 1788, who informed the descendants of those gentlemen who
appended their names to the above document, that they had thereby lost
all claim to any perquisite in the way of bark and windfalls; observing
also, that the important Act of 1668 (20 Charles II.) resulting from it
was approved by and obtained at the desire of the freeholders,
inhabitants, and commoners then living.
Another proposition intended to further the preservation of the Forest
woods was presented to the Lord Warden of the Castle of St. Briavel's by
the freeholders thereof, promising on their part to relinquish claims to
wood and timber for so long a time as "his sacred Majesty" should resolve
to suspend his iron-works therein, whom they implore to call in the
patent granted to Sir John Winter.
Some idea may be formed of the strength of public feeling against Sir
John Winter, on account of his wholesale fellings of the Forest timber,
by the decision which Mr. Pepys records his "cousin Roger" to have given
upon him, viz. that "he deserves to be hanged." In order that the
mischief might be put an end to as soon as possible, late as it was in
the session, a bill was brought into the House for settling the Forest,
and preserving and improving the wood and timber. Parliament was
prorogued, however, before the bill could pass, and its promoters had to
be content with the House "recommending the Lord Treasurer and the
Chancellor of the Exchequer to take care for the preservation and
improvement of the Forest." This recommendation appears to have had no
influence on Sir John Winter, for on a new survey made in 1667 it was
reported to Government that out of the 30,233 trees sold to him, only
about 200 remained standing, and that from 7000 to 8000 tons of timber,
fit for his Majesty's navy, was found wanting. He would seem to have
felt some alarm at this report, for twice about this time he resorted to
Mr. Pepys, who writes, 15th March, 1667--"This morning I was called up by
Sir John Winter, poor man, come in a sedan from the other end of the
town, about helping the King in the business of bringing down his timber
to the sea-side in the Forest of Deane;" and again 30th April, "Sir John
Winter, to discourse with me about the Forest of Deane."
All the propositions sent up to the Government in 1663 were incorporated
in the Act of 20 Charles II., chap. 3, which also provided that the new
enclosures should be perfected within two years, in favourable and
convenient places, the cost of making and maintaining them being met by
the sale of such trees as would never prove timber; that no trees were to
be felled until they had been viewed and marked by two or more justices
of the peace, under a penalty of twenty pounds; that no fee-trees were to
be allowed, and all grants to be void; that every freeholder might do
what he pleased with his land; that no enclosure was to be mined,
quarried, or trespassed in; that the bounds of the Forest were to remain
as settled in 20 James I.; that all lawful rights and privileges relating
to its minerals were to continue, with permission to the Crown to lease
coal-mines and stone-quarries for periods not exceeding thirty-one years;
that the letters-patent granted for a term not expired to Sir John
Winter, Kt., Francis Finch and Robert Clayton, Esqs., should remain good,
as also, certain leases granted to Thomas Preston, Esq., and Sir Edward
Villiers, Kt. After all that had occurred, it seems strange that Sir
John Winter should have obtained permission by Act of Parliament to
retain his patent; he had however several powerful friends, and also
strong claims on the Crown in consideration of his services during the
civil war.