CHAPTER XVII

THE FORESTS OF SHROPSHIRE, WORCESTER, WARWICK, AND HEREFORD

SHROPSHIRE

One of the earliest references to a technical forest in Salop is of the

year 1204, when King John issued his charter to certify that he “had

altogether disafforested his forest of Brewood in all respects partaining

to a forest or foresters; wherefore the said forest and the men who dwelt

therein and their heirs were to be disafforested for ever, and quit of

the king and his heirs in all those same respects.” This district and

forest of Brewood was partly in Shropshire and partly in Staffordshire.

Notwithstanding, however, the particularly precise terms of the charter

of 1204, the inhabitants of Brewood were by no means quit of their fickle

and lawless king, for at the forest pleas of 1209, cited by Eyton, the

knights and men of Salop and Stafford living in Brewood gave the king 100

marks to be for ever disafforested, so that they of Salop who had hunted

or taken beasts in the Salop park of Brewood might bear their share with

those of Stafford. From this latter date Brewood seems to have genuinely

ceased to be under forest jurisdiction.

But there are other more interesting records in the time of John as to

Salop forests. The chief forest district of this time was that long known

as Morf Forest. It took its name from the Staffordshire village of Morf,

where the break began between that forest and the forest of Kinver.

Its northern boundary, afterwards maintained, was determined by the

river Worf (passing through Worfield) for several miles before it falls

into the Severn a little above Bridgnorth, and from there it stretched

south to its name-village. For about the first two centuries of the

Norman occupation it was at least eight miles in length and about six in

breadth, but it became curtailed by the forest charter of Henry III., and

still more so in the days of Edward I., and was wholly in the county of

Salop. The bounds are ably dealt with in Eyton’s _Salop_.

Pleas of the forest were held at Shrewsbury on March 14th, 1209, before

Hugh Neville and Peter de Lion. A very curious case was brought before

the justices. A certain hart entered the bailey of the castle of

Bridgnorth through the postern gate; the guards took it and carried it

into the castle. When the forest verderers heard the news, they demanded

of Thomas de Erdinton, the sheriff, what had been done with the hart. He

acknowledged the offence, and promised that his men should come before

the justices, and the town of Bridgnorth was attached for the offence.

Thomas de Erdinton was sheriff of both Salop and Staffordshire through

most of John’s reign, and a royal favourite; the calling of him to

account for such a matter as this by the local verderers is a proof of

the stringency of the forest laws at that date.

Another interesting case at this eyre is set forth in the translation

given by Mr. Turner, involving the seeking sanctuary in a church.

“Richard of Holton, Wilkin of Eastlegh, Hulle of Hinton, and Hulle

Roebuck, the serjeants of the county, found venison in the house of

Hugh le Scot. And Hugh fled to the church; and when the foresters and

verderers came thither, they demanded of Hugh whence that venison

came. And he and a certain other person, Roger of Wellington by name,

acknowledged that they had killed a hind from which that venison came.

And he refused to leave the church, but lingered there for a month; and

afterwards escaped in the guise of a woman. And he is a fugitive; and

Roger of Wellington likewise. It is ordered that they be exacted, and

unless they come let them be outlawed.”

The sheriff of Salop was ordered, in 1274, to see that all the venison

taken for the king’s use in the forest of that county was forwarded

without delay to Westminster, to be there delivered to the keeper of the

king’s larder.

In the following year John Fitzhugh, the keeper of the forest, was

instructed to permit Roger de Mortimer or his men to take three harts

for the king’s use. In 1277 the same keeper was instructed to permit the

Bishop of St. Asaph to take all the wood he required for fuel for that

year from the wood of the Wrekin, as the king’s gift.

In 1284 the king issued his mandate to the justices and other forest

ministers not to molest the Bishop of Bath and Wells, as he had the royal

licence to take timber in the king’s demesne lands, hays, and woods

within the bounds of the forest of Salop, for the construction of a

manor house at Acton Burnell, his native place. Two years later a still

wider and exceptional licence was granted to Robert the bishop and to

Hugh Burnell, his brother, in consideration of the great services the

bishop had rendered the king from his earliest years, to fell and take

away to his manor great and small timber, without livery, view, or other

impediment in the woods of Candover, Wolstanton, Frodsley, Hope Bowdler,

Corston, and Rushbury, within the forest bounds.

Space does not suffice to treat further of the forest of Morf, or, as

it was sometimes called, the forest of Bridgnorth, but in connection

with this county, rather than Worcestershire, brief attention must be

given to Bewdley forest, which, under its more ancient style of Wyre

forest, was so vast a district that it gave its name to a whole county;

for Wyre-ceastre, or Worcester, was a Roman station in this forest. When

the days of Norman forestry arrived, the primeval state of this great

woodland district had materially changed. Wyre forest at that period no

longer extended in an unbroken sweep along the Severn to Worcester; but

though a portion of its southern extremity was in Worcestershire, by far

the larger part of it occupied the south of Shropshire. Eyton gives good

reasons for supposing that the Shropshire part of Wyre forest, pertaining

to the great manors of Cleobury and Kinlet, belonged to the Crown in

Saxon days, but that subsequently it went to William Fitz-Osborn, Earl of

Hereford, and then to Ralph Mortimer. The forest rule that the Mortimers

endeavoured to maintain, together with the persistence in the use of

the term “forest” rather than the chace, point strongly to its being

originally under sovereign rule. The best summary of the story of Wyre

forest is to be found in Eyton’s _Shropshire_ (iv., 276-9), where he

tells us that at the time when Prince Edward was embarking for Palestine,

in 1270, this forest was fenced for miles to prevent any depredation of

the deer in the adjacent cultivated districts. But Roger de Mortimer took

occasion of his powerful position to enlarge his rights as though royal,

and to level no less than two leagues of this fence, so as to give free

transit to the deer to the great havoc of the country. Moreover, Mortimer

arrogated to himself a right of free chace, not only in Wyre forest, but

in the manor of his tenants at Kinlet and Baveney, and even in those of

the king’s tenants of Stottesden and Bardley, as set forth by the jurors

of Stottesden in the Hundred Rolls of 1274.

The forest of Clee, somewhat further to the north in this county, also

bears witness, by the general maintenance of that name rather than Clee

chase, to its former royal rights. The attempts of the Cliffords to

re-establish therein quasi-royal forest jurisdiction are also dealt with

by Mr. Eyton (v., 196-202).

WORCESTERSHIRE

In early days there was probably no part of England more generally

covered with woodland than the district afterwards known as

Worcestershire. In the Norman time there were five forest districts

within the shire: Wyre, Feckenham, Ombersley, Horewell, and Malvern.

Of Wyre forest mention has just been made under Shropshire. The Crown

maintained certain forest rights over the Worcestershire or Bewdley part

of this ancient forest as late as the time of Elizabeth, as shown by

certificates at the Public Record Office: “Two of her majesty’s regarders

or presservators of woods in Bewdley Park and Forest of Wyre” received

a warrant in 1587 from the Lord President of Marches for felling 200

loads of firewood for use at Her Majesty’s house called “Tycknell”; and

six timber trees were to be supplied for the repair of the west chamber

there, called Yew Lodging, and another one for repairs to the stable.

Henry Blount, of Bewdley, gentleman, was keeper of Bewdley park, and

claimed all the lop and top of these seven timber trees as his fee. The

two regarders, or rather woodwards, reported that a hollow timber tree

had been set on fire in the park, and that they appealed to Blount to

save it; he told them to fell it, which they did, intending it for the

lord president, but Blount seized it. They also reported that no person

was allowed to take out any dead tree, windfall, rootfall, or stub,

“unless the same be first by us vewed and prised and sealed with our

sealinge axe.”

Ombersley forest began at the north gate of Worcester and extended along

the banks of the Severn; it had originally been part of the great forest

of Wyre.

Horewell forest began at the south gate, and extended along the eastern

road to Spetchley and across the Avon. Both Horewell and Ombersley ceased

to be forest districts under the Forest Charter of Henry III.

Malvern forest, or rather chase, extended from the river Teme in the

north towards Gloucestershire in the south, and from the Severn to the

top of the Malvern Hills. In Nash’s _Worcestershire_ (i., lxxiv., etc.)

there is some interesting information as to the considerable rights

pertaining to the lord of the free chase of Malvern, which are discussed

by Mr. Turner in his _Forest Pleas_ (cix.-cxiii.), and clearly point

to the district having once been royal forest. For instance, the dogs

of this extensive chase were lawed twice in seven years. This lawing,

locally termed “hombling,” differed somewhat from the method prescribed

in true forests by the Forest Charter. All dogs that could not or would

not be drawn through a strap of eighteen inches and a barley-corn in

length had the further joints of the two middle claws cut away, for which

operation the owner was amerced in the sum of 3_s._ 1_d._

Leland, _temp._ Henry VIII., says: “The Chase of Malvern is biggar than

Wire or Feckingham, and occupieth a great part of Malverne Hills. Great

Malverne and Little Malverne also is set in the Chase of Malverne.

Malverne Chase (as I hear say) is in length in some places twenty miles.”

It was granted by Edward I. to Gilbert de Clare, Earl of Gloucester, on

his marriage with Jean d’Acres, the king’s daughter. From that date it

ceased to be under true forest law, being in the hands of a subject; but

down to the reign of Charles I. there were verderers, foresters, and

other ministers of the chase.

The best account of Malvern Chase is that which appeared in volume v. of

the _Journal of Forestry_, by Mr. Edwin Lees.

Feckenham forest, on the east of the county, was of considerable extent.

A perambulation of Edward I. shows that it began at the Foregate,

Worcester, passed to Beverburn by Stowe to Bordesley, round by Evesham to

Spetchley, and so to Sidbury. In the twelfth and thirteenth centuries it

was not infrequently termed the forest of Worcester. The following are

some of the references to this forest in the Patent and Close Rolls of

Edward I.:—

Pardon was granted in 1290 to the Bishop of Worcester, John Gifford,

Richard Archer, and Hugh de Aston, for a fine of 500 marks made by the

bishop for himself and the others, for venison and vert trespasses

in Feckenham forest. A pardon was about the same time granted to the

prioress of Westwood for like trespasses. In this year grant was made

to Eleanor the king’s consort, who held the forest by Edward’s grant,

to hold pleas of vert and other trespasses through her stewards and

bailiffs every six weeks, and to take fines due for the same to her own

use, save pleas of venison and those which belonged to the regard and

agistment of the forest; also all attachments of indicted persons and

venison trespassers, provided that all persons indicted of venison were

imprisoned at Feckenham, and then bailed against the next eyre of the

justices. In the same year Walter de Aylesbury was pardoned all venison

trespasses up-to-date, on condition of surrendering his bailiwick in

Feckenham forest. A special commission had been appointed to inquire

into the venison and vert trespasses said to have been committed both

by foresters and other ministers, and this resignation was one of the

results.

Edward II., in 1293, granted for life to James Beauchamp liberty of

hunting with his own dogs, in all the foreign woods and groves without

the great covert of the forest of Feckenham, the hare, fox, badger, and

wildcat whenever he will, save in the fence month; provided that he took

none of the king’s deer, and did not hunt in the warrens.

Licence was granted in 1294, after inquisition, by John de Selvestrode,

keeper of this forest, to Grimbald Pauncefote, who was going to Gascony

on the king’s service, to sell wood to the value of 100 marks out of

such parts of his wood of Bentley, at the least damage to the forest.

When a perambulation was taken of Feckenham forest in 1300, it was stated

there was no forester-of-fee, and no verderer for that part which was

within the county of Warwick.

The king made a considerable sojourn at Feckenham in April, 1301; during

that visit he granted a pardon to William de Stapelhurst for taking a

buck in this forest, and carrying it away.

Feckenham was finally disafforested in 1629.

WARWICKSHIRE

Early references to the forest of Warwickshire seem to apply to that

small part of the Feckenham forest (Worcestershire), which extended into

the south-west border of the former county, lying between the river Arrow

and the boundary of the two shires, and which was added to Feckenham in

the reign of John. The perambulation of 1300 states that there was no

forester nor verderer pertaining to the county, and that at the date of

the coronation of Henry II. there was no forest anywhere in Warwickshire.

The great woodland district of the Forest of Arden is so closely

associated with the north-west of Warwickshire that unless the technical

meaning of forest is borne in mind, the assertion of the jurors, in the

time of Edward I., as to its absence would seem remarkably strange.

HEREFORDSHIRE

When special forest inquisitions were being held in 1219 and again in

1224, particular instructions were issued with reference to a detailed

regard, and mandates were directed to the sheriff and others of

Herefordshire with reference to the forest of Hereford. Probably all that

was meant by that term was the south-east portion of the county that was

included within the bounds and purlieus of Dean forest, Gloucestershire.

A large portion of the hundred of Greytree had been made forest under

Henry II. and John, but this was duly disafforested by the Forest Charter

of Henry III. An entry in the register of Bishop Swinfield shows that

when the bishop was at Ross, on a visitation tour, in 1206, his huntsmen

killed a young stag in his chase of Penyard, but a dispute arose between

the bishop’s servants and the king’s foresters of Dean, whether the place

where the stag was caught was not within the forest. An inquest was held

at Howl Hill, when the jury declared that it was lawfully caught within

the episcopal chase.

The royal forests of England · 第 17 / 30 章