CHAPTER VII.

A.D. 1831-1841.

Riots--Sessions of the Dean Forest Commissioners relative to St.

Briavel's Court--Free miners' claims--Foreigners' petition--State of the

woods--Perambulation--Rights of Commonage--Relief of the poor--Free

miners' petition--Parochial divisions--Fourth and Fifth Reports of the

Dean Forest Commissioners--Acts of 1838 and 1842--Award of the coal and

iron mines--Enclosures thrown open, and new ones formed--Provision for

the poor--Mr. Machen's memoranda.

The year 1831 is chiefly remarkable for the riotous destruction committed

on the fences and banks of the enclosures, recorded by Mr. Machen as

follows:--"In May, 1831, several of the single trees planted near

Parkend, and on Breem's Eaves, were wilfully cut off in the night, and no

discovery was made of the offenders. In the end of May a part of the

wall of Oaken Hill Enclosure was thrown down in the night. When the

workmen were rebuilding it, some of the colliers passing by threw out

hints that it would not stand long, and in one or two instances horses

and cattle were turned into the enclosures, and the woodmen were told

that they had been shut up long enough, and they ought to be thrown open.

The gates of several plantations had been broken in the night. On Sunday

the 5th of June I saw Henry and Richard Dobbes pull away the bushes out

of a gateway, and turn their cow into Cockshoots Enclosure, and when I

went and expostulated with them they said they had been deprived of their

rights long enough. Warren James had for some time been urging others to

join him in the recovery of their rights, which they considered to be

usurped by foreigners, in whose hands the principal coal-works of the

Forest are, by purchase or lease from free miners; and on the 3rd June he

had a hand-bill printed, calling upon all persons to meet and clear the

Forest on Wednesday June 8th. I spoke to him on the 5th, and told him in

the presence of numbers the folly and danger of his proceedings; but he

paid no attention, and said the Forest was given up to them in Parliament

the year before; that he had a charter, which he would bring and show me.

I published a notice, warning all persons not to join an unlawful

assembly, and on Tuesday the 7th Mr. Ducarel and I issued a warrant to

apprehend him; but it could not be executed. We swore in a number of

special constables, and with the woodmen mustered about forty at the

scene of action where they were to begin; but the rioters mustered nearly

200, with axes, &c., and began their work of destruction about 7 o'clock,

and we found it useless to attempt to stop them. They were soon joined

by others, and supplied with cider, and continued their work Wednesday,

Thursday, Friday, and Saturday, in which time they destroyed nearly

one-third of the fences in the Forest, the reparation of which cost about

1,500 pounds. On Sunday military arrived, and they all dispersed.

Warren James was apprehended and sentenced to transportation for life,

and seven or eight others to different periods of imprisonment from one

month to two years. {111} Those who escaped suffered by lying in the

woods and concealed where they could, and I believe all now repent and

see the folly of their conduct. I suppose altogether nearly 2,000,

including children, were employed in the work of devastation. None of

the trees in the enclosures were injured, and where the cattle and sheep

that were let in had eaten the grass in the drives and open places, they

went back into the unenclosed Forest, and would not remain amongst the

trees. In 1838 a pardon was sent out to Warren James, but he is not yet

come home (June, 1839), and he has not written to any one. (1848:

nothing heard of or from Warren James.")

The above disturbance shows that an unsettled state of feeling existed in

the minds of the foresters with regard to certain supposed rights of

free-common, and which prevailed also on other points, such as the nature

and extent of the coal-gales, and the fact that the various works were

fast passing from the hands of the native free miners into those of the

foreigners; all which grievances a mischievous periodical called 'The

Forester,' published at Newnham, set forth in an exaggerated and exciting

manner. Under such circumstances the Act of 1831 (1 and 2 Gul. IV., c.

12), authorizing the appointment of Commissioners to investigate such

complaints, was well timed. The Commissioners were instructed to

ascertain the boundaries of the Forest and the encroachments thereon; to

inquire into the rights and privileges claimed by free miners of the

hundred of St. Briavel's, the constitution, powers, jurisdiction, and

practice of the court held there, as well as respecting a court called

"the Mine Law Court," and to report on the expediency of parochializing

the Forest.

It appears from the annual Report of the Commissioners of Woods, &c.,

dated the 8th August, 1831, and signed by Lord Duncannon, Wm. Dacres

Adams, and Henry Dawkins, that no new works were commenced this year,

except the erection of a water-mill for grinding ochre, near Sowdley,

arising probably from the unsettled condition of the district. It

states, however, that the Crown had created an endowment of 30 pounds per

annum towards keeping the three existing churches of the Forest in

repair, the congregations using them being considered too poor to do so.

On the 21st January, 1832, the following gentlemen were appointed to act

as Commissioners of Inquiry under the late Act:--

Robert Gordon, Esq., M.P., Kemble.

Ebenezer Ludlow, Esq., Serjeant at Law.

Charles Bathurst, Esq., Lydney Park.

Edward Machen, Esq., Whitemead Park.

Henry Clifford, Esq., Over Ross, Herefordshire.

_Clerk_, Thomas Graham, Esq., Mitre Court, Temple.

_Surveyor_, Mr. John Hosmer.

They held most of their sittings at the Bear Inn, in Newnham, although

they also sat occasionally at Coleford, the Speech House, St. Briavel's,

and Westbury. They were thus occupied most of the days in the months of

February, March, April, and September, in hearing evidence "as to St.

Briavel's Court and Prison," or "as to making the Forest parochial," or

"as to the rights and privileges claimed by free miners," and "as to the

rights to open or work quarries."

Of all these sections of inquiry, the only one which the Commissioners

found they could at this time bring to a close was that having reference

to St. Briavel's Court, respecting which it appeared in evidence that out

of the 402 suits brought into it during the last twelve months, all but

five were for debts mostly under 5 pounds, to recover which a charge of 6

or 7 pounds might be incurred.

The prison attached to the Court is thus described:--"There is only one

window, which is 1 foot wide, and in a recess. It does not open. The

size of the room is 16.5 feet by 17.5 feet; 13 feet high; three corners

cut off. In one corner is the doorway, 2.5 feet broad, but no door,

leading into the passage about 6 feet long, out of which the privy opens.

There is a door at the outer end of the passage, and in it a hole which

is considered necessary for air. The floor and ceiling are of wood, and

in the former are several crevices and holes. There is a space between

the ceiling of the parlour beneath and the floor of the prison-room

above, which is so filled with fleas and dust that in summer time it

cannot be got rid of by any cleanliness. The privy is a dark winding

recess, about 6 feet from front to back, taken out of the solid castle

walls. It leads to a hole going down to the bottom of the building,

which is always inaccessible for cleaning, but which till six years ago

had a drain from it into the moat; the air draws up through it into the

passage and room. There is no water within the prisoners' liberty, and

they are therefore obliged to get some person to fetch it for them. The

Courtroom is in a bad state."

[Picture: Interior of the Debtors' Prison in St. Briavel's Castle]

In consideration of these facts, the Commissioners in their Report upon

it, which was published 7th July, very properly declared that the said

Court was an evil, and required remodelling altogether, and they

suggested its conversion into a Court of Requests, in which the strict

forms of law might be dispensed with, parties appearing and being

examined in person, without the intervention of professional agents. Its

Commissioners might comprise the Constable of the Castle of St.

Briavel's, the verderers of the Forest, the magistrates of the

neighbourhood, and about thirty other persons, any two of whom, under the

presidency of one of the former, should form a Court, and decide cases of

debt from 10s. to 10 pounds, with power to direct payment of the debt by

instalments, or levies upon goods on failure of payment, there being no

imprisonment of the person except for fraud, which should then take place

in the county gaol at Little Dean, where, or at Coleford, the Court

should meet the first Monday in every month. Such was the purport of the

Report the Commissioners made to Parliament on the 7th July in this year.

[Picture: Court Room in St. Briavel's Castle]

The Fourth Annual Report of the Commissioners of Woods, &c., dated the

28th of August, 1832, states that Messrs. Hill had obtained the

permission of the Crown, under a lease for thirty-one years, and a rental

of 25 pounds, to remove all that they could find of the slag, cinders,

and refuse of the ancient ironworks; thus resuming an occupation which

had been discontinued for many years. The new Fancy Pits were now

furnished with two engines and we also find that for a time timber ceased

to be supplied from this Forest to the Royal Dockyards.

The Dean Forest Commissioners resumed their sittings the next year (1833)

on the 12th of April at Newnham, and proceeded to hear further evidence

"as to the rights and privileges claimed by free miners;" but the only

important occurrence which ensued was the presentation of a "Memorial,"

by Mr. Mushet, on behalf of parties not free miners, specifying the

claims which such proprietors and occupiers of coal and iron mines in the

Forest had to the support of Government in maintaining their position in

the district. The Memorial states that "foreigners" had possessed coal

and iron mines time out of mind, as appeared by the case of several

gentlemen and freeholders of the parish of Newland, who, as long since as

the year 1675, claimed the right to open certain works without any

objection being made by the free miners, a liberty which, whenever it was

acted upon, seems always to have benefited the public; that none of the

documents of the Mine Law Court appear to exclude foreigners from working

the mines; on the contrary, the Resolutions of that Court, passed 1775,

establish such a right, allowing the free miner to sell or bequeath his

property in the mines to any persons he may think proper; that the old

gale-books contain the names of many persons not free miners, which, with

similar testimony from Messrs. Tovey, James, &c., showed such to have

been the uniform practice for sixty years; that the foreigners have

always carried on their works with the full knowledge and authority of

the Crown; that the free miners do not possess the necessary capital for

carrying on the works, in which the foreigners have invested 700,000

pounds; and, lastly, that the Crown has gained several thousand pounds

per annum in consequence. Twenty-one persons signed this Memorial, as

also the representatives of the Forest of Dean and the Cinderford Iron

Companies.

Another Memorial was likewise presented by a dozen of the inhabitants of

the Forest, showing that, instead of their cottages and gardens tending

to throw a burden on the adjoining parishes, the very contrary was the

case, as many were therefore enabled to support themselves without

applying to those parishes. The petitioners also prayed that no further

part of the Forest might be enclosed for the supposed benefit of the

adjacent parishes, as thereby many persons would be deprived of

grazing-land for their cattle, and in consequence be necessitated to

apply to the next parishes for assistance.

Alluding to the state of the woods at this time (1833), Mr. Machen's

Notes, under the date of the 29th of May, state:--"This is now the fourth

year in which the blight has been so prevailing upon the oak and in the

Forest. I think this year it is worse than ever, and now the young

plantations suffer most, the large timber being comparatively free. Park

Hill, Oaken Hill, Nag's Head, Barn Hill, Stapledge, &c., and especially

all the higher parts of them, are leafless, except where a beech or a

chesnut shows its green foliage amidst the brown oaks. I saw a few rooks

in Russell's to-day, and last year I noticed great numbers. They seem to

be drawn to the Forest to feed on the grubs, for they are not generally

here, and I only hope they will increase. The woodmen complain that in

some situations the running of the bark has been checked; but considering

it has now been four years, it seems wonderful that more injury is not

done to the trees: they put out new leaves at the midsummer shoot, and

appear to recover. June 4th: found the grubs changed into a chrysalis,

enclosed in a leaf, with a kind of web round it. June 18th: the moths

appeared in vast numbers. The rooks are still about in Park Hill."

The usual Report to Government, being the fifth annual one, was issued on

the 28th August, 1833, signed "Duncannon, W. D. Adams, B. C. Stephenson."

Licence was granted to construct 600 yards of tramway from the Severn and

Wye line up to the Church Hill Colliery at Park End, and the Dean Forest

Commissioners appointed under the Act of Parliament (1 & 2 Gul. IV. c.

12) had their commission extended.

In the autumn of 1833 the Dean Forest Commissioners directed their

attention to the important object of settling the limits of the Forest,

in doing which they wisely determined to be governed by the Messrs.

Driver's maps of 1787, according to which the Forest boundaries had for a

length of time been regarded as practically settled, comprising the soil,

timber, and herbage actually belonging to the Crown. Its boundaries as

thus defined were perambulated in due ancient form, commencing on the

10th of September. {118} The cavalcade included Commissioners Robert

Gordon, Esq.; Mr. Serjeant Ludlow; Charles Bathurst, Esq.; and Edward

Machen, Esq., the Deputy-Surveyor; with Mr. Graham, their Clerk; and Mr.

Hosmer, their Surveyor; followed by the keepers and woodmen. "We began"

(writes Mr. Machen) "on Tuesday at Little Dean, and ended at Breem;

Wednesday we ended at Hoarthorns, Thursday at Drybrook, Friday at the

Stenders, and Saturday at Little Dean. We were occupied eight or nine

hours each day, accomplishing about nine miles daily by the map, but the

actual distance must have been nearly double."

The year 1834 is marked by the Dean Forest Commissioners issuing their

second Report, dated 1st of May, in which, after briefly explaining the

data on which the late perambulation had been conducted, they proceed to

state that, as respects the various encroachments, 1,510 acres 2 roods 32

poles were taken in before 1787. Since that date, and up to the year

1812, further encroachments to the extent of 573 acres 10.5 poles had

been made, and again from 1812 to the present time 24 acres 2 roods 9.5

poles had been taken in. In consideration of the Crown never having

reclaimed the old encroachments, the Commissioners recommended that all

such lands "should be declared to be freehold of inheritance," provided

no additional dwelling-houses were erected on them without the licence of

the Crown. They advised that the next oldest encroachments "should be

granted to their present possessors for three lives, not renewable except

at the pleasure of the Crown, and paying rents varying from one shilling

to two shillings per acre." As to the latest encroachments, they gave

their opinion that "their possessors should have terms varying from

fourteen to twenty-one years, paying rents varying from four to eight

shillings per acre; the condition as to building dwelling-houses to apply

to these classes also." The following table, showing the acreage of the

encroachments, classed as stated above, with the number of houses situate

in the six "Walks" of the Forest, serves to exhibit the localities of the

population of the district for the last hundred years.

Name of Houses. Previous Between Since

"Walk." to 1787. 1787 and 1812.

1812.

A. R. P. A. R. P. A. R. P.

Worcester 404 324 1 38 160 2 3 0 1 19

Park End 304 473 0 18 43 3 34 14 2 6

Blakeney 249 180 2 25 62 0 35.5 2 0 9.5

Little 196 174 1 6 104 0 33 4 3 26

Dean

Speech 0 2 7

House

Ruerdean 290 353 0 26 199 3 36 2 1 11

Hillier's 17 5 3 39 1 2 22

Lane

Yorkley 2 1 0 0 0 1 18

Lane

--- ----- ----- --- ---- ---- --- ---- ---- ----

1462 1510 2 32 573 0 10.5 24 2 9.5

During the greater part of September this year the Dean Forest

Commissioners were engaged either at Newnham, Westbury, or the

Speech-house hearing evidence "as to forming the Forest into a Parish,"

and respecting "Rights of Common." With the design of eliciting the

opinions of the neighbourhood on the first head, for civil purposes only,

"a circular was drawn up on the subject of enclosing lands on the outward

boundaries of the Forest, with a view of relieving the conterminous

parishes from the support of the Forest poor." It was sent to the

parishes bordering on the Forest, requesting the attendance of the

clergymen, overseers, and landowners, for the purpose of discussing such

a plan. This courteous invitation was responded to by the parish

authorities of Westbury, Flaxley, Little Dean, Mitcheldean, Awre,

Staunton, Ruerdean, the Lea hamlet, Bicknor, and St. Briavel's, the Rev.

H. Berkin attending on the part of the Forest clergy, when the scheme of

the Commissioners was unanimously approved. By the evidence taken under

the second head, it appears that the parishes or tithings of Westbury,

Little Dean, Awre, Ruerdean, Bicknor, Lea hamlet, Breem, Clearwell,

Newland, Lydney, St. Briavel's, Newnham, Woolaston, and Purton, claimed

the right of Common of Pasture.

In the same month "the Free Miners of the Forest" presented to the

Commissioners an able memorial of their rights, in reply to that

preferred the year before by persons not free miners, but who were

proprietors and occupiers of coal and iron mines in the Forest; its

object being to prove that "foreigners possessing and working mines

therein was in direct violation of the rights and privileges of the free

miners, contrary to their customs and franchises, and are acts of

injustice and usurpation." They affirmed that the present usage of

foreigners possessing mines was not of long standing,--that it dated from

the discontinuance of the Mine Law Court in 1777, by which all such

intrusions were strictly checked and prevented; that this Court had been

in full operation upwards of 500 years, as they verily believed, and so

continued until the last 60 years, meeting periodically under the

presidency of the Constable appointed by the King, and attended by his

deputies and by the King's Gaveller; and that, if this Court were

re-established, and their rights and privileges restored to them, there

would be no difficulty in finding capital for the proper working of the

mines. The memorial was signed by 1,036 persons, professedly free

miners. But, as to this being the fact, a further memorial was presented

to the Commissioners on the 23rd of December, urging "that no person

should be considered a free miner whose birth from parents free miners

cannot be proved, in addition to their having been born in the Forest,

and worked in the mines a year and a day." According to such rule, the

original number of 1,036 would be reduced to 798. On the 24th of

December this year (1834) another memorial, coming from free miners in

the occupation of stone-quarries within the Forest, was laid before the

Commissioners, pleading in few words for similar rights and customs in

respect of stone-quarries as were claimed in regard of mines. The names

of thirteen quarrymen were attached thereto.

Upon the 9th and three following days of June in the ensuing year (1835)

the Dean Forest Commissioners, at meetings held in London, received

letters from the Bishop of the diocese, from the clergymen of the Forest,

and of the Lea and Flaxley parishes, recommending the parochializing the

Forest for ecclesiastical purposes, either by means of curates with small

chapels, or by dividing the whole into a certain number of distinct

districts severally provided with a church and an incumbent. The

Commissioners reported unanimously in favour of making the Forest

parochial; and for all spiritual purposes they recommended an assignment

of districts to each of the churches already built, as also the erection

of a church and parsonage at Cinderford, with a stipend of 150 pounds

annexed, to which amount the salaries of the three existing ministers

should also be raised. They further recommended the enlargement of the

Lydbrook school-room into a chapel, with 80 pounds stipend to the

clergyman serving it; and they likewise advised forming Viney Hill,

having a population of nearly 800, into a district, or annexing it to

Blakeney, the church there, and minister's salary, being enlarged

accordingly. They also suggested that the 150 persons residing on Pope's

Hill should be united to Flaxley, with 20 pounds added to the clergyman's

stipend; and that the Lea Bailey, with its 100 inhabitants, should be

annexed in the same manner, and under the same conditions, to the Lea

parish.

In the second place, as to the relief of the poor inhabitants of the

Forest, the Commissioners were of opinion that it would be impossible to

raise a fund for this purpose by means of rates on property, as so much

was in the actual occupation of the Crown, or connected with mining, or

the holders being too poor to bear the burthen. They advised, therefore,

that about 1,600 acres of the Forest land should be enclosed and let out

for the purpose of furnishing such a provision, to be dispensed at the

discretion of a Board composed of the constable of St. Briavel's Castle,

the verderers, clergymen, and deputy-surveyor, and the magistrates acting

for the Forest division, and six inhabitants as coadjutors. {122}

On the 25th of August the Dean Forest Commissioners presented their

fourth and fifth Reports. In the former, which gives a minute summary of

the rights and privileges claimed by the free miners (derived chiefly

from the evidence taken in 1832), the origin of them is stated to be

involved in obscurity, although no doubt iron was manufactured in the

neighbourhood as early as the time of the Romans, and coal was obtained

in the reign of Edward III. Probably before, and certainly soon after,

the Norman Conquest, the soil was vested in the Crown, and all the rights

of a royal forest were in force. The persons by whom the mines were then

worked could not have been, in the first instance, free tenants of the

Crown. It is more likely that they were in a state of servitude, and

subject, in that character, to perform the labour required of them. The

name of "Free Miners," by which they are and have been for centuries

known, seems to refer to some right or privilege distinct from their

original condition; and it does not appear unreasonable to suppose that

certain persons at some distant period, either by having worked for a

year and a day, or by reason of some now unknown circumstance connected

with the origin of the privilege, were considered as emancipated, and

thereupon became entitled or were allowed to work the mines upon their

own adventure, concurrently with or subject to the right of the Crown to

a certain portion of the product.

Noticing in succession many of the historical incidents attaching to the

free miners of the Forest, the Report states that the franchise of the

mine was unquestionably perpetuated by birth from a free father in the

hundred of St. Briavel's, and afterwards working a year and a day in one

of the mines and abiding within the hundred. Doubt is, however, thrown

upon the necessity of birth from a free miner, the more so as the son of

a foreigner could obtain his freedom after working out an apprenticeship

of seven years with a free miner; and it would be difficult, if not

impossible, at the present time, to confine the title to anything beyond

birth and service, to which particular class of individuals the Court of

Mine Law confined all mining operations.

Entering in the next place into a consideration of the actual claims of

the free miners, the Commissioners declare their opinion as to how their

claims are to be settled, suggesting at once the question "whether they

can be now maintained with advantage to the miners themselves, or to the

community," connected as they are with a most defective system of

working, productive of incessant disputes and expensive litigation, and

occasioning constant disputes and never-ending jealousy; and they thus

conclude--"Taking all the circumstances of the case into consideration,

we are of opinion that the monopoly and customary workings are

practically at an end, and that, if individual claims were bought up, the

whole coal-field might then be let by the Crown as between landlord and

tenant, defining the limits and regulating the working."

The fifth and final Report of the Dean Forest Commissioners bore the same

date as the preceding. It contains the evidence produced before them as

to "certain claims of common of pasture" made by the inhabitants of the

following parishes bounding the Forest, and paying a small sum annually,

called "herbage money," to the lessee of the Crown of the manor and

hundred of St. Briavel's, and the manor of Newland, as annexed:--

_s._ _d._

Little Dean 3 4

parish

Newnham ,, 3 4

Staunton ,, 2 0

Longhope ,, 3 4

Abbenhall ,, 3 4

Mitcheldean ,, 7 0

Hope Mansel ,, 1 0

Ruerdean ,, 3 4

Bicknor ,, 1 0

Alvington ,, 5 0 will not pay.

Newland ,, 10 0

Huntisham 7 8 will not pay.

tithing

Bledisloe 3 4

Etloe Dutchy 5 0 }

Etloe tithing 3 0 } In Awre.

Box ,, 3 4 }

Hagloe and 5 5 }

Purton

Blaisdon 6 8

Blakeney 4 0

tithing

Awre parish 8 0

It is highly probable that the above claims, and the payments for the

ancient agistments, originated when the limits of the Forest comprehended

the parishes by which they are made. The earliest authentic trace of

them occurs in the agreement made by Charles I. with Sir John Winter in

1640, according to which about 4,000 acres of Crown land was to be taken

in and attached to the bordering parishes in lieu of their rights of

commonage; and in conformity with the principle of this agreement, the

Commissioners recommended "that these commonable rights should be

comprised in some general arrangement for the purpose of a commutation."

The last subject the Commissioners notice is the stone-quarries, which

persons born within the hundred of St. Briavel's claimed the right of

opening in the waste lands of the Forest, on payment of a fee of three

shillings to the gaveller, and an annual rent of three shillings and

fourpence, according to the custom of at least the last hundred years, a

period too long to justify the withdrawal of any existing gale, unless by

compensation. Hence all that the Commissioners found themselves

justified in recommending to the Crown, with the view of putting the

working of the stone-quarries on a better footing, was to re-issue gales

on liberal leases to all parties born within the hundred who applied for

the same within a specified time.

In bringing their labours to a close, the Commissioners urge the

necessity of passing an Act for definitively settling the several

particulars to which their inquiries had been directed, adding that it

would be well to incorporate the offices of Constable of St. Briavel's

Castle, and Warden of the Forest, with the office of Woods, lest they

should be found to interfere with its future administration, at that time

under the charge of Lord Duncannon, B. C. Stephenson, Esq., and A. Milne,

Esq.; and this was accordingly done in the following year.

We gather from Mr. Machen's memoranda that the nurseries in the Forest at

this time (1835) contained:--

Oak. Chesnut. Larch. Scotch. Spruce. Ash. Quick.

310,000 1,300 66,500 74,700 5,300 120,000 124,000 total.

200,000 1,300 40,000 40,000 5,300 10,000 30,000 fit to

plant out.

and, moreover, that 276,054 trees of various kinds had been planted out

during the previous winter.

On the 27th of July, 1838, the Royal Assent was given to "an Act for

regulating the opening and working of mines and quarries in the Forest of

Dean, and Hundred of St. Briavel's, by the agency of a Board of

Commissioners." Thomas Sopwith, Esq., of Newcastle-upon-Tyne, was

appointed by the Board of Woods and Forests a Commissioner for the

purpose on behalf of the Crown; and John Probyn, Esq., of Longhope

Manor-house, Gloucestershire, was selected by the body of free miners to

act on their behalf; and the office of arbitrator between them was filled

by John Buddle, Esq., of Wallsend, in the county of Northumberland;

Thomas Graham, Esq., acting as their solicitor, and Mr. Henry Ebsworth as

his clerk. {126}

Some idea may be formed of the necessity for such a mining Commission,

and of the difficulties it had to overcome, from the following

particulars, as Mr. Sopwith stated them in his valuable Paper on "Mining

Plans and Records," read before the British Association at Newcastle in

1838:--"Great distrust of any interference" (he says) "existed, and some

of the mine-owners refused to allow of underground surveys being made.

Numerous and conflicting parties were then working mines under customs

which were totally inapplicable to the present state of mining;

destructive at once to the interests of the free miners of the Forest;

ruinous, as sad experience had shown, to the enterprising capitalist; and

subversive of the rights of the Crown. So great was the perplexity, and

so numerous and conflicting were the claims of contending parties, that

the law advisers of the Board of Woods deemed it almost impossible to

arrive at any satisfactory adjustment of them within the period of three

years, as named in the Dean Forest Mining Act. The ruinous and

unsatisfactory state of the mines must appear obvious on a slight

consideration. As no plans existed, it was impossible to tell to what

extent or in what direction the underground works were being carried.

The crossing of mattocks, that is to say, the actual meeting of the

workmen underground, was often the abrupt signal for contention; the

driving of narrow headings was a means by which one coal-owner might gain

possession of coal which of right belonged to another; and a pit, though

sunk at a cost of several thousand pounds, had no secured possession of

coal beyond 12 yards round it, that is, a tract of coal 24 yards in

diameter. At 40 or 50 yards from such a work another adventurer might

commence a pit, and have an equal right, if right it could be called, to

the coal. If a long and expensive adit was driven, another one might be

commenced only a few yards deeper; and, from such a state of things, it

is quite clear that great uncertainty and frequent losses inevitably

ensued." Moreover, the receipts from mines and minerals, by the Crown,

upon the average of the six preceding years, were only 826 pounds 2s.

10.5d.

The important Act by which these difficulties were to be removed, under

the auspices of the three Commissioners above named, was framed in

accordance with the suggestion thrown out in the fourth Report of the

Dean Forest Commissioners, viz., that all subsisting mine-works should be

released by compensation to the Crown, and the whole relet on a

well-defined plan to such free miners as might make application for the

same. The Act (1 and 2 Vict. cap. 43) provides that all male persons

born and abiding within the hundred of St. Briavel's, being upwards of

twenty-one years of age and having worked a year and a day in a coal or

iron mine or stone-quarry within the said hundred, should alone have the

right to hold or dispose of such works, a register of all such persons

being kept as "free miners." It suppressed all claims to pit timber,

with all "customs," and assigned to the Commissioners under the Act the

duty of fixing rents and royalties for twenty-one years, and to the

gaveller power to limit and regulate as well as to enter and survey all

works which might be re-awarded or galed. No engines were to be erected

nearer than sixty yards to any enclosure, within which only air-shafts

might be opened, and all unnecessary buildings were to be removed.

On the 16th of August, 1838, the annual Report of the Commissioners of

Woods was issued, signed by Lord Duncannon, B. C. Stephenson and A.

Milne, Esqrs. It mentions that a piece of land in the parish of English

Bicknor had been granted for school purposes, and that the Severn and Wye

Tramway Company obtained the licence of the Crown to lay down a branch

from Brook Hall Ditches to Foxes Bridge.

The only circumstance requiring notice in the following year is the

decease of the second Commissioner of Woods, Sir B. C. Stephenson, who

had long held the office, and he was succeeded by the Honourable Charles

Gore.

The next annual Report bears date 29th July, 1840, and contains nothing

calling for special notice.

The year 1841 is particularly important in the history of the Forest from

its being the date of the present coal and iron mine awards, under the

authority of the Mining Commissioners, the former being signed on the 8th

of March, and the latter on the 20th of July. By these awards no less

than 104 collieries were defined and assigned, together with twenty

iron-mines, and certain rules and regulations were laid down for working

them.

The duties of the Mining Commissioners having now closed, it must have

been highly gratifying to those gentlemen to receive from the Government

the following expressions of commendation, communicated by Mr. A.

Milne:--"I am to convey to you our entire approbation of the zeal,

ability, and sound discretion which appear to have marked all your

proceedings in the performance of the very important, difficult, and

laborious duties which devolved upon you, and their belief that, while

the result will be very beneficial to the interests of the Crown, it will

be attended with equal advantage to the great body of mining adventurers

in securing their titles to the property on very reasonable and moderate

terms, and subject to the regulations and conditions which seem to be

well calculated to protect them from that constant and expensive

litigation which had so long existed."

The total cost of adjusting the working of the coal and iron mines was

10,459 pounds 1s. 3d. The valuable services of the Mining Commissioners

were again noticed in the annual Report of the Board of Woods, published

on the 9th August in the following year, when 408 acres 2 roods were

thrown open in Blakeney Hill (south) and the South Lea Bailey Copse, a

similar extent of open Forest being enclosed at St. Low and Great

Kenseley. It also adverts to an Act passed on 30th of July previous,

dividing the Forest into ecclesiastical districts, constituting them

"Perpetual Curacies," and attaching the churches of Christ Church, Holy

Trinity, and St. Paul's to them, the stipends of each being raised to 150

pounds. The patronage of the two former was vested in the Crown, and the

latter in the Bishop of the Diocese. The Act likewise authorizes the

formation of a fourth district at Cinderford, and the erection and

endowment of a church there: thus each district comprised the following

number of acres:--

St. John's 5934

St. Paul's 7741

Holy Trinity 5859

Christ Church 3149

------

Total 22,683

The same Report also notices the provisions now made for the relief of

the poor, and for the abolition of the court and prison of the hundred of

St. Briavel's. The Act for the relief of the poor is dated the 9th of

July, and authorizes the introduction of the new Poor Law, dividing the

Forest into the two townships of East and West Dean, by a line drawn in a

diagonal direction from Lydbrook to Ayleford, being in fact almost the

same boundary which separated the ancient divisions of "above and beneath

the wood." The Act attached East Dean to the Westbury-upon-Severn Union,

and West Dean to that of Monmouth. It also united the Hudnalls, the

Bearse, the Fence, and Mawkins Hazells to the parishes of St. Briavel's

and Hewelsfield, Mailscot and an adjoining tract to English Bicknor, and

Walmore and Northwood's Green to the parish of Westbury-upon-Severn, for

the support of their own poor, by means of rates levied as their

respective overseers for the relief of the poor should direct.

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