CHAPTER XVIII

THE FORESTS OF LEICESTERSHIRE AND RUTLAND

Charnwood forest, a hilly district to the north-west of Leicester, about

ten miles in length and six in breadth, of much natural beauty, at once

occurs to everyone, who knows anything of the Midlands, as the most

attractive part of Leicestershire. But so far as forests technically

termed are concerned—that is, districts subject to forest laws—Charnwood

has little claim to our attention. Although it so long remained a

rough, open tract, there is no reference to it among the extant forest

pleas. From what is told us in Nichols’ county history of Leicester—a

wonderful work for the time (1799) in which it was produced—and by the

more elaborate accounts given in Potter’s _Charnwood Forest_ (1842), it

is clear that this district was never in Norman days in royal hands for

the purposes of the chase; but its privileges were granted to the Earls

of Chester and Leicester and Winchester, etc., and their successors, and

to the various religious houses, within its bounds, such as Ulverscroft,

Garendon, and Gracedieu.

On three manors of Charnwood Forest, namely, Whitwick, Groby, and

Sheepshed, swainmote courts were regularly summoned until the beginning

of the seventeenth century, a survival of pre-Norman jurisdiction; they

continued to be somewhat fitfully held by the owners of these lordships

until about a century ago. The fact of swainmote courts being found at

Charnwood and a few other places in England, which were not royal forests

in historic times, may be taken as a proof that such districts were royal

hunting-grounds in Saxon days.

The document cited by Burton in his _Description of Leicestershire_

(1777), with respect to the disafforesting of Leicester forest in 29

Henry III., has no reference whatever to Charnwood as there asserted.

Mr. Monk, in his _Agricultural Report for Leicestershire of 1794_, stated

that Charnwood forest, containing from 15,000 to 16,000 acres, would

prove to be useful and valuable land if enclosed over three-fourths of

its area. After much opposition from commoners an Act of Inclosure was

passed in 1808, and the final account of claim was signed in 1812.

The forest or wood adjoining the town of Leicester, although it

eventually came to the Crown, was never a royal forest, as it had

no forest courts of any kind. It is named in the _Domesday Survey_

of the borough, wherein it is stated that Hereswood was four miles

(_leuca_) long by one in breadth. This great wood belonged to the

Earls of Leicester, who readily granted special privileges therein to

the burgesses. These rights are of particular interest, and are fully

illustrated in the old borough records which have been recently ably

edited by Miss Bateson. This great wood or forest was disafforested in

1628, and the deer killed or given away; but as it was an earl’s forest

and not the king’s, its history must be here passed by.

The only true forest—subject, that is, to forest laws—in the county of

Leicester, was a not inconsiderable section of the eastern portion of the

shire that adjoined to Rutland; and as Oakham was the centre and usual

justice seat of this forest, the larger part of which was in the smaller

county, it sometimes all went by the name of the forest of Rutland, and

at other times as Rutland and Leicester.

The pleas of venison held at Oakham, in March, 1209, were attended by

regarders both of Leicester and Rutland. The knights of Rutland gave a

verdict to the effect that at the summons of the justices of the forest,

all men of Leicestershire ought to come to the pleas who dwell outside

the forest as far as two leagues. Several cases were heard at this eyre

which pertained to Leicestershire. The entrails and antler of a hart

were found under the mill of Robert, the son of Adam of Skeffington. The

antler was fractured as though done with an axe. The miller declared he

knew nothing about it, but he was taken into custody until inquiries

could be made, and the mill was taken into the king’s hands, because it

was so far away from the town and so near to the covert of the forest.

The township of Knossington was in mercy because they did not produce

those whom they had pledged, namely, Richard and William, who had been

found with bows and arrows on the road that led to Rockingham.

The two Leicestershire verderers, Robert Langton and Robert Sampson, were

declared in mercy because their statements contradicted the entries on

their rolls.

So far as Rutland was concerned, at the same eyre, their two verderers

were in mercy because “they did not that which they ought,” and two

foresters and four verderers were in like plight for a similar vaguely

expressed cause. The town of Oakham was at mercy for not producing

Robert, a servant of the Earl of Hereford, for whose appearance they were

pledged. The sheriff of Rutland was also liable because he had not the

prisoners who had been delivered to him by the foresters to guard.

A special inquisition of the forest of Leicester and Rutland was held

at Oakham in 1219. After the great storm of 1222, separate letters were

addressed to the foresters and verderers of both Leicester and Rutland

as to the disposal of the windfall. Hasculf de Hathelakestan was at that

time keeper or warden of this joint forest. The sheriffs of both counties

were warned in 1224 to see that a regard was taken of this forest. A yet

more important and detailed regard was ordered in 1229.

Forest pleas were held at Oakham in 1256, and again in June, 1269, for

the forest of Rutland, but the proceedings show that the term included

the Leicestershire division. The principal business that came before

the justices on the latter date were the serious charges of extortion

and damage made against Peter de Neville, the chief forester, and the

foresters and other ministers under him. The verderers, regarders, and

other knights and good men of the two counties, testified on oath that

since the last eyre—which was held thirteen years before, namely, in

1256—Peter de Neville had continually appropriated to himself nuts, mast,

and windfall, together with thorn, hazel, and such-like small vert, and

kept dogs and greyhounds on the unlawful pleas of taking hares, foxes,

rabbits, and wild cats; that he had appropriated escape of beasts, and

received fines for hare and rabbit poaching that ought to have gone to

the king; that he had imprisoned men and bound them with iron chains

for trifling forest trespasses, and had released them on payment of

fines; that he had taken twenty-four marks from Richard of Whitchurch

for taking a buck without a warrant, and 100_s._ from Henry Murdoch for

his mastiffs that were found following his ploughman to Deepdale within

the forest; that he amerced various townships for offences at his will;

that every year, save the year between the battles of Lewes and Evesham,

he had his piggery and pigs, sometimes to the number of 300, digging in

the forest enclosure to the great injury of the pasturage of the king’s

deer; that he had appointed a forester for the last three years to guard

the road between Stamford bridge and Casterton, on the outlying part of

the forest on the east side, to take cheminage for his own use, charging

4_d._ on every cart carrying wood or timber from the county of Lincoln

to Stamford, an entirely novel charge; that he made a gaol of his own

at Allexton (just over the borders in Leicestershire), full of water at

the bottom, and there imprisoned unlawfully many men of his bailiwick

in the county of Rutland, whereas they ought to be taken to the castle

of Oakham. Almost every one of these and other charges were considered

proved by the justices, the clauses on the rolls where they are stated

ending for the most part with “therefore to judgement with him” (_idea ad

judicium de eo_).

Another charge against Peter de Neville was that he had increased the

number of foresters, and put pages under them, to the overburdening of

the district. It was proved that five walking foresters, to wit, two for

Beaumont bailiwick, two for Braunston bailiwick, and one in the park

of Ridlington, together with one riding forester with a page, was the

full ancient complement of such officials for the Rutland and Leicester

forest; the justices made order that this number was not to be increased.

The whole of this elaborate accusation against the forest keeper is set

forth at length in Turner’s _Forest Pleas_ (pp. 43-53), together with the

following recital of the forest bounds (1269) taken at the same eyre:—

“The perambulation of the forest of Rutland begins from that

place where the old course of the Little Eye flows into the

Welland opposite Cotton; and from thence along the course

of the water of the Welland up to the boundary between the

counties of Lincoln and Rutland; by metes and bounds as far as

Stumpsden; and from thence by metes and bounds as far as Great

Casterton bridge; and from that bridge along the course of the

water of the Gwash as far as Empingham bridge; and from that

bridge along the course of the water as far as Stanbridge; and

from Stanbridge through the middle of the park of Barnsdale as

far as Twiford; and from Twiford along the course of the water

through the middle of the town of Langham; and from thence as

far as the park of Overton, and from thence between Flitteris

and the wood of Knossington as far as the water of the Gwash,

and from thence along the boundaries between the open field of

Braunston and Knossington as far as the Wisp; and from thence

along the boundaries between the field of Owston and Withcote

as far as the door of the castle of Sauvey, and from thence by

the rivulet which runs down from Sauvey as far as Harewin’s

mill; and from thence to Coptre, and from Coptre as far as the

boundaries of Finchford; and from thence by the old course of

the Little Eye into the Welland opposite Cotton.”

Space cannot be afforded for following up the story of this forest

in detail, but mention must be made of another eyre held more than

two centuries subsequent to the one first recorded. By that time this

forest of Rutland and Leicester was usually known as Leighfield Forest,

and the justice seat was at Uppingham. On September 10th, 1490, pleas

of the forest were held at that town by Sir John Ratcliffe and Sir

Reginald Gray. Sir Edward Hastings appeared as keeper, Thomas Sapcote

as lieutenant, Robert Rokeby as ranger, and Christopher Parker as

bow-bearer. There were also present the two foresters of each of the

bailiwicks of Braunston and Beaumont, and the one forester of Ridlington

park, together with two verderers. The five woodwards who appeared

represented respectively the prior of Brook, the Bishop of Lincoln in

Stokehern, the Earl of Warwick in Le Haw, Everard Digby in Stokehern,

and Robert Mawes in Wardley wood. There were also present fourteen

regarders, eleven free tenants, a jury-panel of the king, juries of

the hundreds of Martinsley (Rutland) and Goscote (Leicestershire), and

of Oakham Soke, together with the reeve and four men from each of the

townships of Ayston, Belton, Braunston, Brooke, Caldon, Lyddington,

Ridlington, Stokeley, Uppingham, and Wardley. It therefore follows that

the actual number of local officials of this comparatively small forest

in attendance on the justices exceeded 250.

The claimants of liberties were the Bishop of Lincoln, the abbot of

Kenilworth, Sir Edward Hastings, Everard Digby, Maurice Berkeley, John

Cheselden, and Robert Mawes. The Bishop of Lincoln, through William his

attorney, stated his considerable claims of hunting and agistment within

the forest, more particularly with regard to the park of Lyddington and

its deer-leaps.

Among the presentments it was stated that Thomas Parker, parker of

Redlington, and Robert Rokeby, the sub-parker, had felled three lime

trees (_Le lynerey trees_) worth 6_s._ 8_d._ each. They had also killed,

since the last eyre, eight deer when training their dogs (_pro canibus

suis ad arcum castigand_).

The master forester or keeper had distributed eight bucks and ten does

among the gentlemen of the district; eight bucks and twenty-four raskells

had died of murrain.

The royal forests of England · 第 18 / 30 章