CHAPTER I

THE ANTIQUARY’S BOOKS

GENERAL EDITOR: J. CHARLES COX, LL.D., F.S.A.

THE ROYAL FORESTS OF ENGLAND

[Illustration: THE GREENDALE OAK

(1720)]

THE ROYAL FORESTS

OF ENGLAND

BY

J. CHARLES COX, LL.D., F.S.A.

WITH FIFTY-THREE ILLUSTRATIONS

METHUEN & CO.

36 ESSEX STREET W.C.

LONDON

_First Published in 1905_

THIS ATTEMPT TO DELINEATE SOME OF THE MAIN FEATURES OF THE ROYAL FORESTS

OF ENGLAND

IS DEDICATED

WITH MUCH ADMIRATION AND RESPECT TO

RICHARD HISCO WHITWORTH

CHAPLAIN OF NEWSTEAD PRIORY AND FOR FORTY YEARS VICAR OF BLIDWORTH

IN RECOGNITION OF THE REMARKABLE GRIP THAT HE HAS OBTAINED OVER THE

FOREST-LORE OF SHERWOOD AND OF HIS SKILL AS A MODERN BALLAD-WRITER ON THE

OLD ROMANTIC LINES

CONTENTS

CHAPTER PAGE

I. EARLY FORESTS 1

II. THE FOREST COURTS 10

III. THE FOREST OFFICERS 17

IV. THE BEASTS OF THE FOREST 25

V. THE FOREST AGISTMENTS 41

VI. HOUNDS AND HUNTING 47

VII. THE TREES OF THE FOREST 68

VIII. LATER FOREST HISTORY 76

IX. THE FORESTS OF NORTHUMBERLAND,

CUMBERLAND, WESTMORELAND, AND

DURHAM 87

X. THE FORESTS OF LANCASHIRE 98

XI. THE FORESTS OF YORKSHIRE—PICKERING

AND GALTRES 107

XII. THE FORESTS OF CHESHIRE 131

XIII. THE FORESTS OF STAFFORDSHIRE 137

XIV. THE FOREST OF THE HIGH PEAK 150

XV. DUFFIELD FRITH 181

XVI. SHERWOOD FOREST 204

XVII. THE FORESTS OF SHROPSHIRE,

WORCESTER, WARWICK, AND HEREFORD 223

XVIII. THE FORESTS OF LEICESTERSHIRE AND

RUTLAND 231

XIX. THE FOREST OF ROCKINGHAM 237

XX. THE FOREST OF OXFORDSHIRE 257

XXI. THE FORESTS OF BERKSHIRE,

BUCKINGHAMSHIRE, AND

HUNTINGDONSHIRE 266

XXII. THE FOREST OF DEAN 274

XXIII. THE FOREST OF ESSEX 283

XXIV. THE FOREST OF WINDSOR 287

XXV. THE FORESTS OF SUSSEX 301

XXVI. THE FORESTS OF HAMPSHIRE 304

XXVII. THE FORESTS OF WILTS 313

XXVIII. THE FORESTS OF DORSETSHIRE 330

XXIX. THE FORESTS OF SOMERSETSHIRE 333

XXX. THE FOREST OF DARTMOOR 340

LIST OF ILLUSTRATIONS IN THE TEXT

PAGE

Verderer’s Slab, Bakewell 17

J. Charles Wall.

Verderer’s Slab, Chelmorton 18

J. Charles Wall.

Forester’s Slab, Wirksworth 18

J. Charles Wall.

Forester’s Slab, Bakewell 19

J. Charles Wall.

Forester’s Slab, Hope 19

J. Charles Wall.

Forester’s Slab, Hope 21

J. Charles Wall.

Forester’s Slab, Papplewick 21

J. Charles Wall.

Woodward’s Slab, Newcastle-on-Tyne 23

J. Charles Wall.

Woodward’s Slab, Papplewick 23

J. Charles Wall.

Hunting Dogs 51

Berners or Harbourers 55

Wyrall Effigy 66

Wyrall Effigy 67

Deer Hunters of Cranborne Chase 83

V. M. M. Cox.

Hunting Costume, Seventeenth Century 89

Chief Forester’s Slab, Durham 97

J. Charles Wall.

Hunting Costume, Thirteenth Century 182

Letters in Centre of Oak 221

Hunting Costume, Fourteenth Century 238

Cattle Brands, Essex Forest 285

The Hart (Turbervile) 298

King and Queen Oaks, New Forest 308

M. E. Purser.

The Hare (Turbervile) 334

LIST OF PLATES

The Greendale Oak _Frontispiece_

From Strutt’s _Sylva Britannica_, 1826.

I. The King Hunting (1) _To face page_ 4

Brit. Mus. MSS., Royal 10 E. iv., ff. 253-4.

II. The King Hunting (2) ” 8

Brit. Mus. MSS., Royal 10 E. iv., ff. 255-6.

III. Head of Attachment Court Roll ” 14

Accounts Exch. Q. R., 134/16, _temp._ Edw. II.

IV. Red Deer ” 26

From Gilpin’s _Forest Scenery_, 1791.

V. Wild Boars ” 30

Brit. Mus. MSS., Add. 27, 699.

VI. Wolf and Sheepfold and Wild Goats ” 32

Brit. Mus. MSS., Royal 12 C. xix., ff. 14, 19.

VII. Pigs of the New Forest ” 42

From Gilpin’s _Forest Scenery_, 1791.

VIII. Netting in Woods and Streams ” 58

Brit. Mus. MSS., Cott., Tib. A. vii., f. 51.

IX. The Four Beasts of Venery ” 60

X. The Four Beasts of Chase ” 62

XI. The Four Beasts of Sport ” 64

Plates IX., X., and XI., are from Cott. MSS.,

Vesp. B. xii., ff. 1, 2.

XII. Maple Tree, Boldre Churchyard ” 72

From Strutt’s _Sylva Britannica_, 1826.

XIII. Straw Helmets and Swindgel of the Deer-hunters

of Cranborne Chase ” 84

V. M. M. Cox.

XIV. Deer Stalking ” 102

Brit. Mus. Add. MSS., 27, 699, ff. 108-9.

XV. Forest Hermit ” 108

Brit. Mus. MSS., Royal 19 E. iii., f. 133.

XVI. Berner and Limehound, and Crossbow Shooting ” 122

XVII. Dog Leeching and Rewarding the Hounds ” 140

XVIII. Foxes, Deer in Forest, and Wolves ” 164

Plates XVI., XVII., and XVIII. are from Add.

MSS., 27, 699, ff. 6, 20, 23, 28, 50, 58, 109.

XIX. Sherwood Forester of Fee, Skegby Church ” 204

Photograph from the Rev. H. J. Stamper.

XX. Monument of Thomas Leake, Blidworth Church ” 216

Photograph from the Rev. R. H. Whitworth.

XXI. Haywood Oaks, Blidworth ” 222

Photographs from Rev. R. H. Whitworth.

XXII. Ladies Rabbiting ” 304

Brit. Mus. MSS., Royal 10 E. iv.

XXIII. The Hill Woods, Lyndhurst ” 316

From “The New Forest,” Horace G. Hutchinson.

XXIV. A Deer Leap, Wolseley Park ” 330

W. Salt, _Arch. Soc._, vol. v.

PREFACE

County historians have, as a rule, with but rare exceptions, either

entirely ignored the story of the royal forests within their confines,

or have treated the subject after the most meagre fashion. Nevertheless,

there is abundant and most interesting material for their history at the

Public Record Office in a mass of documents which are but very rarely

consulted. Occasionally, too, much can be gleaned from manuscripts at the

British Museum, Cambridge University Library, Guildhall, or Lincoln’s

Inn, and in a few cases from rolls or books of forest proceedings in

private hands.

If references had been given to every document cited, almost every page

would have bristled with footnotes, involving a considerable curtailment

of the rest of the letterpress. Not a single statement, however, is

made—where no author is cited—save on the authority of original and

contemporary records.

It may be helpful to some to state the chief classes of documents whence

forest lore is to be obtained in the vast national depository in Chancery

Lane.

(1) Placitæ Foresta, or Forest Proceedings, Chancery—John to Charles

I.—consisting of presentments, claims, perambulations, etc., before the

Justices in Eyre of the Forests. They are contained in 156 bundles, and

an inventory of their contents will be found in the Dep.-Master of Rolls

Reports, v., App. ii., 46-56.

(2) Swainmote Court Rolls of Windsor, 2 Edw. VI. to 14 Charles I.

Inventory in Report, v., App. ii., 57-9.

(3) Forest Proceedings, Exchequer, Treasury of Receipt, Henry III. to

Charles II. To these documents there are three volumes of MS. Calendars.

(4) Miscellaneous Books of Exchequer, Treasury of Receipt, vol. 75,

Edw. I.; assarts and wastes in diverse forests, vol. 76; pleas and

presentments of Sherwood, Hen. III. to Edw. III.; vol. 77, game in all

forests north of the Trent, 30 Hen. VIII.

(5) A Book of Orders concerning Royal Forests, 1637-1648. State Papers,

Domestic, Charles I., vol. 384.

(6) Records of Duchy of Lancaster. A great variety of forest

presentments, attachments, perambulations, pleas, etc., Hen. III. to

James I., pertain to Lancashire, Yorkshire, Staffordshire, Derbyshire,

etc. A printed list of all the Duchy Records was issued in 1901; those

relating to forests are on pp. 39-47. Among the maps and plans (pp.

76-80) are many relating to the Forest of the High Peak.

(7) Lists of Minister Accounts, with thorough indexes, were issued in

1899; much royal forest information occurs in many of these accounts.

(8) Occasionally Court Rolls of Manors, etc., yield information; these

also have printed lists and indexes, issued in 1896.

(9) Both Close and Patent Rolls for the thirteenth and fourteenth

centuries abound in royal forest incidents; they have been well

calendered (printed) for the greater part of this period.

As to these records, I have a large number of references and brief

extracts—far more than are used in the following pages—for the different

counties, and I would gladly on application save trouble, if I could, to

any genuine worker as to a particular forest or forests.

With regard to printed books that bear on the subject, references to

the more important will be found in each of the chapters; but there are

three of such real value on this little studied subject that they demand

special mention.

In 1887, Mr. W. R. Fisher published a 4to volume on _The Forest of Essex:

its History, Laws, Administration, and Ancient Customs, and the Wild Deer

which lived in it_. The book owed its origin to the spirited action of

the Corporation of the City of London, in rescuing much of the illegally

enclosed land of Epping Forest; it is based throughout on documentary

evidence, and illustrates, in many ways, forest law and procedure in

other counties besides Essex.

The documents relative to the Yorkshire _Forest of Pickering_ are

exceptionally voluminous and interesting. They sufficed to fill four

volumes of the new series of the North Riding Record Society, and were

put forth by Mr. R. B. Turton between 1894-7. I had obtained transcripts

of many of these documents in 1890, and made considerable extracts from

others in 1902-3 before I was acquainted with these books. They are not

well arranged, but both transcripts and introductions are of the greatest

value to the forest student, particularly of the fourteenth century.

In 1901 the Selden Society issued Mr. G. J. Turner’s _Select Pleas of

the Forest_, the one masterly work on English forest law and procedure,

more especially of the thirteenth century. To this admirable volume these

pages are much indebted, and from it not infrequent quotations have

by leave been taken. I desire also here to gratefully acknowledge the

help I have received from Mr. Turner, outside his published work, and

particularly for his reading the proof of the earlier chapters, though it

is not to be understood that he is responsible for any statements. It is

much to be hoped that Mr. Turner will ere long produce another book on

the later Forest Pleas in the time of their decadence.

Passing long periods of my earlier life within the bounds of two old

royal forests, Exmoor, Somerset, and Duffield Frith, Derbyshire, and

living subsequently close to the confines of the Staffordshire forests

of Kinver, Cannock, and Needwood, the subject treated of in these pages

has always had for me a particular fascination. Accidentally meeting in

early life with a copy of that very rare little work, Dryden’s edition

of _L’Art de Venerie_ (1843), by William Twici, huntsman to Edward

II., which is described in chapter vi., made me desire to know more

about the subject. Thirty years later I had the good fortune to make

the acquaintance of that rare old antiquary and sportsman, the late Sir

Henry Dryden, Bart. Various discussions and correspondence on England’s

forest law and early hunting led to his desiring me to bring out a new

and extended edition of his valuable little treatise. The project got

deferred, but this book, in which his drawings of hunting costumes and

hounds are reproduced, to some extent fulfils his wishes.

No one is better aware of the deficiencies of these pages than the

writer. It would have been easy enough to have found original material

sufficient to fill a volume of this size for almost each of the forests

named therein; in some cases, such as the Peak Forest, Rockingham, and

more especially Sherwood, it seemed almost sinful to be content with

such brief summaries of a few of the more important facts. Nevertheless,

it seemed best on the whole to condense the entire matter within the

limits (kindly made more elastic in this case) assigned to the series

of “Antiquary’s Books.” In doing this, certain sections that had been

prepared on such subjects as the Clergy and Forest Pleas, Historic Trees,

Place and Personal Names in Forest Districts, and a Glossary of Terms had

to be abandoned. In the heartless work of cutting down, by more than one

half, the material prepared for the press, as well as in other ways, I

had the timely assistance of my son, Mr. Cuthbert Machell Cox.

It might be well for the reader interested in any particular forest or

shire to recollect that illustrations of any special topic treated of in

the opening chapters are not, as a rule, repeated subsequently; reference

to the index will often supplement information given under the chapter

on a definite shire. It is hoped, too, that the index will serve as a

glossary, as each forest term used is explained once or oftener in the

text.

The absence of any reference to the counties of Bedford, Cambridge,

Cornwall, Hertford, Lincoln, Middlesex, Monmouth, Norfolk, and Suffolk,

arises from the fact that there is practically no information with

regard to any royal forests within their confines.

If these pages arouse greater interest in the much neglected story of

England’s royal forests, it will be an abundant reward for no small

amount of time and trouble expended on record searching and on general

reading in the pursuit of a subject that was at one time so widely

developed, and had so great an influence on our social and economic life.

J. CHARLES COX

ST. ALBANS, SYDENHAM

_July, 1905_

THE ROYAL FORESTS OF ENGLAND

CHAPTER I

EARLY FORESTS

“A forest,” according to the last edition of the _Encyclopædia

Britannica_, “is a tract of country covered with trees, of one or

several species, or with trees and underwood.” This has become the

popularly accepted meaning of the term for several generations, but it is

historically false; and so far as this volume is concerned, we have to go

back to Manwood’s definition as expressed in his _Lawes of the Forest_

(1598), wherein he describes a forest as “a certen territorie of wooddy

grounds and fruitfull pastures, priviledged for wild beasts and foules of

forrest, chase, and warren, to rest and abide in, in the safe protection

of the king, for his princely delight and pleasure.”

But even Manwood, and others who have followed him, are not correct in

assuming that the term originally, or of necessity, implied woody grounds

or natural woodland. Dr. Wedgwood seems to be right in considering

“forest” as a modified form of the Welsh _gores_, _gorest_, waste, waste

ground; whence the English word _gorse_, furze, the growth of waste land.

Others consider its derivation to be from the Latin _foris_, out of

doors, the unenclosed open land. From the fact that so many wastes were

covered with wood or undergrowth, it gradually came about that the term

“forest” was applied to a great wood.

Perhaps the following definition is as accurate a one as can be given in

a few words, of what used to be understood by the English term “forest”

in Norman, Plantagenet, and early Tudor days. A forest was a portion of

territory consisting of extensive waste lands, and including a certain

amount of both woodland and pasture, circumscribed by defined metes and

bounds, within which the right of hunting was reserved exclusively to the

king, and which was subject to a special code of laws administered by

local as well as central ministers.

Had the true meaning of the old term “forest” been grasped, much waste

of learning, and of vain strivings to prove that such barren tracts as

by far the greater part of the forests of Dartmoor, of Exmoor, and of

the High Peak, or even of the larger portion of the New Forest were

wood-covered in historic times, might have been spared.

A chase was, like a forest, unenclosed and only defined by metes and

bounds, but could be held by a subject. Offences committed therein were,

as a rule, punishable by the Common Law and not by forest jurisdiction,

though swainmotes were sometimes held therein, proving that they had

originally been royal forests. The terms “chase” and “forest” were

occasionally used interchangeably, owing to a chase having been secured

by the Crown, or the Crown having granted a royal forest to a subject.

A park was an enclosure, fenced off by pales or a wall. In certain

forests there were various parks, as in Duffield Frith, and Needwood,

and Sherwood; and in most, at least one or two; but many parks were held

throughout the country by subjects under Crown licence, altogether apart

from forests. Forest law prevailed in parks within a forest, but not in

those outside such limits. An Elizabethan estimate, of doubtful value,

states that the old royal forests were sixty-nine in number, and that

there were in addition thirteen chases and more than seven hundred parks.

The term “warren” also requires brief discussion. The public had a right

to hunt wild animals in any unenclosed land outside forest limits,

unless such right had been restricted by some special royal grant. The

word “warren”—the subject is ably treated by Mr. Turner (_Forest Pleas_,

cxxiii.-cxxxiv.)—was used to denote either the exclusive right of hunting

and taking certain beasts (_feræ naturæ_) in a particular place, or the

land over which such right existed. Grants of free-warren over demesne

lands outside forests, so frequently made by our earlier kings both

to religious foundations and to private individuals, prevented anyone

entering on such lands to hunt or to take anything belonging to the

warren without the owner’s licence, under the great penalty of £10. No

one might, therefore, follow the hunt of a hare or of a fox or other

vermin into warrenable land; but following the hunt of deer into such

land was held to be no trespass, as deer were not beasts of the warren.

Lords of warrens had the power of impounding the greyhounds or other

dogs, and the nets and snares of trespassers.

In the consideration of England’s old forests, it is well to remember

that subjects from time to time, in different shires, were seized of

lands within forest bounds; but, when that was the case, they were not

allowed on such lands the right of hunting, or of cutting trees, or of

high fence making, or of doing anything which could be interpreted as

detrimental to the deer, save by special grant from the Crown.

It has been pointed out by Mr. Turner that the history of English forests

divides itself into three periods, namely, from the earliest times up to

1217, when the Charter of the Forest of Henry III. was granted; from that

date up to 1301, when large tracts were disafforested by Edward I.; and

thirdly, from 1301 up to the present day.

As to the story of the forests in the first of these periods, it must

largely partake of the nature of conjecture based upon subsequent

knowledge.

As the Romans gradually made themselves masters of England, they must

have destroyed much of the vast extent of woods that gave shelter to the

British tribes. This work of destruction—begun in the later prehistoric

stage—was accelerated by two other causes, apart from military reasons;

wooded districts were cleared in order to use the richer tracts for

tillage and pasturage; whilst the greater attention paid to iron and lead

smelting led to a steady diminution in timber through the demands for

fuel.

The Saxons made further development of iron smelting works. This gradual

clearance of the natural woods, coupled with enclosures of land round

homesteads and settlements, drove back the deer and other game into the

depths of the woods and the more desolate districts.

These wilder tracts were used as common hunting grounds; but in course

of time the chieftains and more powerful local men usurped the rights

hitherto exercised by all. Eventually, as the Saxon overlords or kings

gained greater power, they claimed, as part of their royal prerogative,

the right to reserve the chase, or at all events the higher chase of

the deer, in selected areas chosen for their nearness to favourite

residences, or for the exceptional predominance of game. The royal

hunting grounds (_silva regis_) as well as the king’s lands or royal

demesnes (_terra regis_) were gradually formed out of the original

folkland held by the common people under their thegn; so that when

Egbert, in the ninth century, became the first king of all England, he

found himself possessed of many royal hunting grounds in most parts of

his kingdom.

During the later Saxon and Danish period the chase became more and more

restricted. The freeholder still had the right to kill the big game on

his own land, but might not follow it into or upon the king’s woods. The

lesser game could, however, be then followed even in the king’s woods by

the holder of the land, up to the time of the Conquest.

In this, as in so many other respects, the mention of forests or woods in

Domesday Survey is merely incidental. The name of swainmote, as applied

to a minor forest court of local administration, which so long survived

and was of such general use, is in itself sufficient to establish the

fact that there was a pre-Norman customary forest law. The question as to

the first introduction of a body of written forest law in this country

depends largely upon the genuineness of the code usually attributed to

Canute, and termed _Constitutiones de Foresta_. This Latin code, in

thirty-four brief chapters, purports to have been drawn up by Canute

both for the English and the Danes. Although its authenticity was long

ago doubted by Coke, it has been quoted by many able writers, such as

Palgrave and Kemble, without the expression of any doubt as to it being

a genuine historic document; but Professor Freeman and Bishop Stubbs

subsequently adduced such weighty reasons for considering this code a

forgery, or at all events containing so many interpolations as to be

valueless, that present-day scholars are almost unanimous in rejecting

it. The best defence of it is to be found in Mr. Fisher’s _Forest of

Essex_. On the whole, it seems probable that this Latin code has a

certain value in showing the general drift and tendency of Anglo-Danish

forest law; but that its worth has been vitiated by being dressed up

at the hands of some Norman scribe, with the object of lessening the

hostility to the severity of the forest laws introduced by the Conqueror.

[Illustration: _PLATE I_

THE KING HUNTING (1) (FIFTEENTH CENTURY)]

The Conqueror acquired, by right of conquest, not only the demesne

lands of the Confessor and of the nobles who had opposed him, but also

all the rights of the chase over great woodland or open stretches of

both cultivated and uncultivated ground, where royal hunting rights had

previously been exercised by Saxon or Danish kings. With William and

his immediate successors the chase was a passion, and hence a code of

singularly harsh and burdensome “forest” laws soon came into operation.

The Conqueror took advantage of the autocratic position secured to him

and his followers by their military success, to carry out “afforestation”

not only over the restricted areas that had been the hunting grounds of

his predecessors on the throne, but over almost all the old folkland that

remained unenclosed. The term “forest,” that had been long in like use

on parts of the Continent, was then introduced into England, and made to

embrace vast districts, which included woodlands and wild wastes of moor,

as well as patches of cultivated land. Within these afforested tracts,

he decreed that the right of hunting was vested solely in the Crown,

and could only be exercised by the king, or by those who were specially

privileged under royal licence to share in it. The feudal idea about all

wild animals, however monstrous and harsh in operation, possessed a rough

logical basis. It was argued that all such animals were _bona vacantia_,

or ownerless property, and hence pertained to the king; that hunting

was essentially the pastime or “game” of kings; and that therefore the

right of exercising the chase, or taking all kinds of beasts of venery,

belonged solely to the king.

The subsequent Norman kings added more or less largely to the “forest”

districts of England, making even whole counties subject to this

exceptional jurisdiction—as, for instance, Essex and Surrey. The

complaints of the hardships caused by this autocratic proceeding

gradually gained strength. Certain disafforestations were made even

by Henry II.; but in 1215 John was compelled to agree, by one of the

articles of Magna Charta, to the disafforesting of all the great tracts

of country which had been made forest during his own reign.

Soon after this, in 1217, the child-king Henry was made to issue the

Charter of the Forest, in consideration of a grant of one-fifteenth of

all movables of the whole kingdom. By this instrument it was provided

that all forests, which Henry II. had afforested, should be viewed by

good and lawful men; and that all that had been made forest, other than

his own royal demesne, was forthwith to be disafforested.

In accordance with this charter special perambulations were ordered to be

made before March, 1224-5, by twelve knights elected for the purpose.

There is much confusion among both national and local historians as to

the number and extent of England’s forests at this period; and certain

of our State documents appear to be somewhat contradictory. Fortunately,

however, a great gale, that affected almost the whole of England towards

the close of the year 1222, was the incidental cause of furnishing the

longest extant list, of an early date, of England’s royal forests. The

windfall was so considerable, that Henry III. issued orders to the forest

officials not to interfere with any of the prostrate trees or broken

branches until further orders, and at once to proceed to draw up a

careful valuation of their worth. Letters to this effect were despatched

to—

_Viridariis et forestariis de feodo de foresta_ de Dene, Nova Foresta,

Brikestok, Braden, Rokingham, Lye, Brehull (Bucks), Galteriz, Windlesore,

inter Usam et Derewentem, Huntindonie, Shirewud, Rotelande, Clive

(Northants), Brunningemor (Berks), Cumberland, Penber (Hants), comitatus

Leicestrie, Clay (Salop), Lya (Salop), Melkesham and Chipeham, Cet,

Savernac (Wilts), Northumberland, Lancastria, Salopa, Kenefer, Canoc,

Alrewas, Hopwas, Kenillewurth (_haia et parco_), Selewud, Nerechirch

(Somerset), Graveling, Gillingeham, Pikering, Porcestre, Essexie,

Wichewud, Axisholt, Notingham, and Periton (_parco_).

At the same time, like injunctions were forwarded to the keepers of each

of these forests. On 30th January, 1223, the king instructed the sheriffs

of all the counties containing forests to place the money accruing

from the sale of the windfall in some religious house within their

jurisdiction, there to await further orders, and to place with it a roll

giving full particulars of the sales, drawn up by a specially appointed

clerk named in the letters patent.

The heading to these instructions on the Patent and Close Rolls of Henry

III. is _De Cableicio_. The term _cableicium_, or _cablicium_ signifies

windfallen trees, and corresponds to the old French word _chablis_, which

had a like meaning. It is quite clear that the term “cablish” (to use the

English form), strictly speaking, implies uprooted trees, as distinct

from mere branches. The forest officials, after the great gale, were

ordered to remove nothing, _nec de cableicio illo neque de branchura per

impulsionem venti prostrata_. Nevertheless, the word was occasionally

given a wider meaning—as, for instance, in 1223, when _cableicium_ was

applied to twelve great branches that had fallen in Windsor forest. But

in this case the wood was sufficiently substantial to be reserved for the

repair of the king’s houses. Cablish seems never to have been applied

to such windstrewn wood as would be used for fuel. We have met with the

word in several forest rolls or records in Northamptonshire, Rutland,

Hampshire, and Derbyshire as late as the time of Henry VII.; though at

that period the English word _rotefallen_, or _rootefaler_, was more

usual as descriptive of the tree uprooted by the wind, and was used in

distinction to the mere _wyndfallen_ wood of smaller dimensions.

Other forests that occur in the Patent and Close Rolls of the earlier

years of Henry III., which are not specifically named in the great storm

order of 1222, are: Alnwick, Northumberland; Easingwold and Wakefield,

Yorks; Clipston and Silverston, Northants; Acornbury and Kilpeck,

Hereford; Peak Forest and Horston, Derbyshire; Alveston, Furches,

Keynsham, and Horewood, Gloucester; Feckenham, Worcester; Cheddar and

Selwood, Somerset; Freemantle, Hants; Buckholt, Clarendon, Ifwood,

Sugrave, and Weybridge, Wilts; Poorstock, Dorset; Finmere and Woodstock,

Oxon; and Havering, Essex.

Edward I. in some cases broke the Forest Charter under legal quibbles;

but he did not, in general, desire that the boundaries of the forest as

settled by his father, should be disturbed. Towards the end of his reign,

however, strong political pressure induced him to consent to further

disafforesting. The Forest Charter was confirmed in 1297, but further

perambulations were undertaken between that date and 1301, by which large

reductions were made in the forest area.

It would have caused general disturbance to the industries of the

country, if the pursuit of special occupations pertaining to the soil

had been prohibited within the very wide areas of the forests. Such

industries were allowed to be followed under particular restrictions, and

were worked, as a rule, for the profit of the crown. The most important

of these was the question of iron smelting, particularly as the forges

consumed so large an amount of wood or charcoal. Grants were made from

the crown for permission to have itinerant forges. Such forges abounded

in the Forest of Dean, and were also met with in the forests of Sussex,

Duffield, Sherwood, Pickering, etc.

Henry III., in 1231, granted this liberty (_forgia itinerans_) to Mabel

de Cantilupe for life in Dean Forest. The grant states this was in

accordance with a custom sanctioned by John and other of the king’s royal

ancestors. Another grant of the following year provided that the lady

might have an oak on each of any fifteen days she chose, every year as

long as she lived, for the support of this forge.

The symbol of a man who was entitled to use an itinerant forge seems to

have been a pair of bellows. This symbol is to be found on two early

incised slabs in the church of Papplewick, Sherwood Forest.

In some cases there were permanent forges of some size, belonging to the

crown, within the forest bounds; of this there were two instances in

Duffield Frith.

[Illustration: _PLATE II_

THE KING HUNTING (2) (FIFTEENTH CENTURY)]

In the Belper ward of Duffield Frith there was considerable surface

coal mining; on Dartmoor and Exmoor there were particular regulations

affecting the procuring of peat; whilst in other forests the quarrying of

stone for building purposes, for millstones and for tombstones, as well

as the burning of lime and digging of marl were pursued, but in all cases

with due regard for the non-disturbance of the deer. Such callings were

confined to particular sites, as far as possible on the fringes of the

forest.

The following of trades that were obviously detrimental to the deer,

through odour or otherwise, such as the tanning of hides, were rigorously

prohibited within forest bounds.

“Purlieu,” strictly speaking, was all that ground near any forest which

had originally been forest by perambulation of Henry II., Richard I.,

or John, but had been severed by the Forest Charter of Henry III. Round

some forests the purlieus were of considerable extent. As a rule, the

purlieu man had certain forest agistment and other rights, but of

considerable less value than the actual forest tenant; in return for

this he was subject to a modified form of forest law, the chief of which

was the non-disturbance of deer that he might find among his crops. The

tenants on the outskirts of Galtres forest, Yorks, and of Duffield Frith,

Derbyshire, were termed “bounderers”; they had certain privileges as well

as obligations.

The purlieu custom varied much in different districts and passed under

various local terms. Such were the _Wynlands_, or _Wydelands_, of the

Peak, and the _Venville_ of Dartmoor. Cranborne Chase, which was nearly

identical with a forest, had its well-defined _Inbounds_ and _Outbounds_.

The old name of _Outwoods_ is not infrequently to be found in the

vicinity of an old forest, as at Duffield, Clarendon, and Kinver; its use

denotes that the place so called was formerly within the forest purlieus.

The forest of Clarendon had its _Inlodges_ and _Outlodges_.

The royal forests of England · 第 1 / 30 章