Chapter X: The Forests of Lancashire

The forests of Lancashire, which were at one time very considerable, were chiefly situated in the high region on the east side of the county. In their earlier history they may be divided into two portions, namely, those in the ancient house of Lancaster, which were subject soon after the Conquest to Roger de Poictou; and those in the great fee of Clitheroe, subject at the same time to the family of Lacy. After the marriage of Thomas, Earl of Lancaster, with Alice de Lacy in 1310, all the forests of the county came under the one head of _Foresta de Lancaster_, and pertained to the earldom, and afterwards to the Duchy of Lancaster. But quite a century before this date all the various forests were frequently described under the common denominator of the county town. The more important forests were within the hundred of Lonsdale; those of Wyersdale, Quernmoor, Bleasdale, Myerscough, and Fulwood were all within the very extensive ancient parish of Lancaster, though the last three were in the hundred jurisdiction of Amounderness. In the hundred of Blackburn was the great forest of Blackburnshire, of which Rossendale, Bowland, Pendle, and Trawden were the subdivisions. In the hundred of West Derby was the forest of that name, often termed Derbyshire, with the parks of Croxteth and Toxteth.

In Harland’s edition of Baines’ _Lancashire_ (1868-70) there is a certain amount of scattered, meagre information pertaining to these very considerable tracts of the county; but the history of the forests of Lancashire remains yet to be written. The material available would readily make an interesting work of one or two volumes. All that is here attempted is to give a few scattered facts which have not for the most part hitherto appeared in print.

In the first year of King John, Benedict Gernet held the serjeanty of the forest of the whole county, for which he rendered an annual payment of £26 13_s._ 4_d._ In the same year (1200) the king granted leave by charter to the knights and freeholders dwelling in his forest of the honor of Lancaster to use their own woods as they willed, declaring them exempt from the regard of the forest. For these privileges the knights and freeholders paid into the Exchequer, in the following year, the considerable sum of £283 17_s._ In 1206, John conferred the keepership of the Lancaster forests on Gilbert Fitz-Reinfred, one of his favourite barons.

John granted to the house of the lepers of St. Leonard’s, Lancaster, considerable privileges in the forest of Lonsdale, where they might graze their beasts, gather dead wood for fuel, and have timber sufficient for the repairs of their dwellings. Some time before 1220, Henry III. appointed Roger Gernet, forester-of-fee of Lonsdale, to the general keepership; in that year the lepers petitioned the king for relief from the exactions of Gernet, who claimed an ox from them in recompense for their winter agistment, and a cow for the summer pasturing; nor would he allow them to take wood for fuel or house repairs.

A writ was at once directed to the sheriff of Lancaster instructing him to stay the exactions of Roger Gernet, and a confirmation charter was sent to the lepers, allowing all their privileges without any payment in money or kind. From this and from a subsequent slightly amended confirmation we learn that the lepers were originally indebted to Henry II. for their forest favours, and that John merely ratified his father’s grant. Nine years later the pasturage rights of the lepers were restricted to a certain defined area of the forest. In 1227 Roger Gernet was confirmed in the custody of Lancaster Forest.

A perambulation of the Lancashire forests was undertaken in 1228, on the king’s precept, by William Blundel, Thomas de Bethune, and ten other knights, who said that the whole forests of Lancaster ought, according to the Forest Charter, to be disafforested, save Quernmore, Conet, Bleasdale, Fulwood, Toxteth, Derby, and Burtonwood. In the following year a confirmation of John’s charter to the knights and freeholders of Lancaster was granted by Henry III. for the enjoyment of the neighbouring woods under certain restrictions. This was probably done to prevent the forests of Wyersdale and Myerscough, adjoining the county town, being disafforested, as was evidently the intention of the inquest of 1228, wherein they are not named as exceptions to the general disafforesting. Wyersdale forest, which took its name from the river, contained about 20,000 acres; Quernmore, to the north of it, about 7,000 acres; Myerscough, about 2,200 acres, skirted the great north road from Preston to Lancaster; whilst Bleasdale was coextensive with the township of that name.

By charter of 30th June, 1267, Henry III. granted to his son Edmund the honor and castle of Lancaster, together with the vaccaries and forests of Wyersdale and Lonsdale, etc. But they were to be considered forests, and not chases of private ownership; and hence were entitled to be ruled by forest pleas held by the king’s justices.

Long notice was given of the rarely held eyre of justices for forest pleas, proposed to be held for the county of Lancaster at Easter, 1287. The first summons was issued for it in October, 1286, when it was stated that the justices would be William de Vesey, Thomas de Normanville, and Richard de Crepping. But this arrangement was subsequently cancelled. On 8th February the sheriff was instructed to order a preliminary regard of the forest to be taken, and ten days later he was ordered to issue summonses for an eyre to be held a month after Easter before Robert Brabazon and William Wyther. At these pleas forty-eight cases of venison trespass were presented. In at least one case, that of Nicholas de Lee, the chartered privileges of King John were pleaded in defence of hunting in the king’s forest.

There are various records extant of attachment courts of the forests of Quernmore and Wyersdale, which were under joint jurisdiction, _temp._ Edward I. The offences were chiefly venison trespass. The courts were always held on a Thursday, and presided over by the two verderers, John le Gentil and John de Caton. There are records of eight courts held in 1299, nine in 1300, and four in 1301.

The venison trespasses for this and other years show that there were both fallow and red deer in the Lancaster forests of this date, though the latter were the more numerous, and the former more especially found in parks. The foresters reported that Thomas, son of Adam de Berewyk, clerk, wounded at night a certain buck within the township of Lancaster, and followed it up with bow and arrows, but the deer escaped and recovered. Immediately after the deed, Thomas entered into the service of certain magnates outside the county of Lancaster. The foresters were ordered to try and find and attach him.

On Thursday, after the feast of St. Katherine, 1293, a certain buck was found strangled in the forest of Claughton. An inquest was held, and the jury found that a certain white dog—whose they knew not—followed the said buck from Quernmore to Langlandebroke; that one Thomas de Harrey, coming that way, struck the buck on the back and broke its back; that Thomas immediately after fled, and they were not able to find him. The flesh and horns of the buck were given, in accordance with the Forest Charter, to the lepers of Lancaster.

At a court held at Easter, 1299, before the verderer, Ingelram de Gynet, Roger de Croft, and many others of the Ingelram family, were presented for hunting with greyhounds in Wyersdale; and Ralph de Bray for killing a doe with arrows and carrying it off. The offenders were committed, to use modern parlance, to the next forest pleas, but admitted to bail. At Trinity, in the same year, the attachment court was attended by three foresters and twenty-four sub-foresters; four of the sub-foresters held their office by right of service, and are entered as _de feodo_.

At the court of attachment held on Thursday after the festival of St. Barnabas, Harry, the parker of Quernmore, swore that the Sunday after the feast of St. Cecilia he was standing in the park and saw through the park pales Richard de Thirnum and Richard Cokker kill a doe and carry it off. He followed them, and shot arrows at them, so that they fled, leaving the venison, which was carried to Lancaster Castle. At a later court in the same year it was presented that the foresters found two men armed with bows and arrows in the forest of Quernmore, and two shepherds with their staffs with them, and that all four were taken prisoners to Lancaster.

In the next few years there were various presentments for taking harts and hinds. In 1306 several offenders came by night with greyhounds into the park of Quernmore, but being perceived by the foresters they fled, leaving behind them five greyhounds. These hounds were caught by the foresters, who took them to Lancaster castle.

Pleas of the forest were held at Lancaster on Monday, after the feast of St. Peter, 1334, before William le Blount and Henry de Hamburg, justices of the forest, assigns of Henry, Earl of Lancaster.

The names of the verderers are first entered on the rolls; the two for “Derbyshire” (_i.e._ West Derby) were Henry de Atherton de Ayntre and John de Gredleye, but their term of office had apparently expired, for they were removed, and Richard de Alvandeley and Richard de Eltonheved were sworn to that office in their stead.

Two new verderers were also sworn for the forest or hundred of Amounderness, whilst in the hundred of Lonsdale one of the two old verderers was removed and replaced by a new appointment.

The names of fifteen foresters of Amounderness and Lonsdale are entered on the roll, but only three appeared, for the remainder had died since the last eyre of the justices, and there was no one to answer for them. The three who came said that they appeared for themselves and the other foresters, and that they had no rolls nor indictments to present, for the verderers and their heirs kept such rolls in their own possession, as they were prepared to prove on the oath of their officials.

The prior of St. Mary’s, Lancaster, claimed two cartloads of dead wood for fuel out of the Lancashire forests, save in Wyersdale, on any day he liked in the year, and free ingress and egress in the forest for a cart and two horses, or with two carts and four horses to seek for wood, according to charter of Edmund, Earl of Lancaster, 1260. The prior also claimed tithe of hunting and pannage.

The burgesses of Lancaster also made their claim for fuel and building wood under a charter by Edmund; and the burgesses of Preston made like claims with regard to Fulwood forest. The various claims of the abbot of Furness were enforced by the production of charters of John, Henry III., and Earl Edmund, which were duly enrolled.

DEER STALKING (FIFTEENTH CENTURY)]

The tenants of the town of Broughton in Amounderness claimed to have, from time immemorial, common pasture in the forest of Fulwood for all kinds of animals save goats throughout the year, except for six weeks during the acorn season (_pessone_), and for the four weeks of the fence or close month, by payment of 10_s._ at Michaelmas to the honor of Lancaster. Eventually it was agreed that the tenants of Broughton should have common pasture for their animals in Fulwood forest, save for sheep and goats, and for pigs, except in the fence month and in the six weeks of acorns. The considerable sum of £14 6_s._ 8_d._ was claimed as due to the lord for trespasses with animals in Fulwood forest by the men of Broughton up to the following Michaelmas; but this was remitted. Henceforth 10_s._ was to be paid by them at Michaelmas.

The foresters for the hundred of Derby enrolled at the last eyre numbered twelve, but the first nine were dead, and there was no one to represent them. The last three names were the survivors. They appeared, but said, like those of Amounderness and Lonsdale, that they had no rolls to produce, as they were always delivered to the verderers.

It was upwards of thirty years since the last forest pleas had been heard, and the justices were only able to obtain two of the verderers’ rolls for the intervening period, several having died and left neither heirs nor executors.

The successive keepers or master foresters of West Derby, since the last eyre, were also called upon to lay their rolls before the justices. But of these documents they obtained very few.

Ralph de Monneysilver had been keeper for five years, and died, leaving no heirs nor executors nor lands in the county.

Thomas Banastre was keeper for seven years. On his death, though he had lands in the county, no one came to restore the rolls; but eventually Adam Banastre, his relative and heir, appeared, and made fine for the rolls.

Richard de Hoghton was keeper for three years. On his death his son Richard eventually delivered the rolls.

Thomas Tanner was keeper for a year. On his death, though he had land in the county, no one restored the rolls, and distraint was ordered to be made.

Simon de Baldlyston was keeper for six years; he died in 1325, but no one came with the rolls.

William Gentil, who survived, was next keeper; he restored the rolls.

Ralph de Bikerstach was keeper for four years. On his death no one restored the rolls, and distraint was made on his lands.

Edmund de Neville, who survived, had been keeper for three years. His rolls were burnt by the Scots and enemies of the king; and he was ready to make fine for them.

At this _iter_ there were three separate juries sworn for Lonsdale, Amounderness, and West Derby, numbering respectively 16, 15, and 12.

The venison presentments of the Lancashire forests were numerous. Thomas de Halghton was charged with hunting in the park of Quernmore at Ascensiontide with two greyhounds, one white and one red, and taking two bucks. Another charge specified the colour of the greyhounds, one white, and the other red, with a black muzzle (_cum nigro mussell_).

The accounts of Henry de Hoghton, master forester of Blackburnshire, for 1423, are extant. They show under Penhull (Pendle) that no business was transacted that year at the woodmote, held at Clitheroe; that the court perquisites from the woodmotes held at Ightenhill (otherwise Bromley) amounted to 12_s._ 2_d._; that turf, stone and herbage were farmed at a rental of 26_s._ 8_d._; and that 14_s._ 10_d._ was received for escape of beasts. Under Rossendale, 7_s._ 7_d._ was received in woodmote perquisites held at Accrington, and 5_s._ 1_d._ for perquisites of halmotes held at the same place. The woodmotes for Trowden were held at Colne, and other woodmotes were held at Totyngton. The total receipts of the master forester were £7 1_s._ 11_d._ The expenses, which were chiefly foresters’ wages, amounted to £6 2_s._ 2_d._, leaving a balance for the Crown of 19_s._ 9_d._

In the same year, the collectors of Blackburnshire accounted for the receipt of £130 15_s._ 10½_d._ from farm rents, herbage, etc., in Pendle; £14 12_s._ 2_d._ from Rossendale; £23 13_s._ 5_d._ from Trowden; £18 5_s._ 4_d._ from Totyngton; and £7 12_s._ from Hodleston. The total receipts amounted to £263 16_s._ 7¾_d._

Henry de Hoghton made separate returns as master forester of Bowland, entered under Harrop, Daxsholt, and Chipping wards, in each of which woodmotes were held. The receipts were £65 19_s._ 4½_d._ The heaviest charge under wages was £6 13_s._ 4_d._ to the steward of the master forester. The parker of Laythegryme received 6_s._ 8_d._ for cutting deer-browse in the winter, which is said to have been necessary that season. The expenses of repairing the pales of the forest and fencing the bounds amounted to £5 19_s._ 10_d._

Sir John Stanley, father of Thomas, first Lord Stanley, was appointed chief steward of Blackburnshire in 1424. He was also made master forester of Blackburnshire and Salfordshire. His accounts for the latter office for 1434-5 are extant, but are of a very simple description; they included 21_d._ perquisites of the woodmotes held at Colne.

The rolls of Quernmore and Wyersdale are the only ones that we have found which make mention of a court held in a chapel. In 1477 two swainmotes for the Wharmore division were held in the chapel of Wyersdale, and another in the following year on the feast of St. Wilfrid.

In 1501 the Crown issued a series of warrants to the Earl of Derby and others, directing that “putre money” or “forester fee” be paid by the tenants to the foresters and keepers of the forests of Penhull, Rossingdale, Accrington, and Trowden, in Lancashire, according to the old custom and use, as set forth in the account books of the duchy. It was stated that the old records also showed that the foresters had committed “divers displeasures and annoyances against the tenants, theire wyfes and servants in sundrywise by theire coming to theire houses for theire meate and drink,” and that on the tenants’ complaint the duchy had agreed that the tenants should pay yearly £12 13_s._ 4_d._ towards the foresters’ wage, in recompense for the meat and drink which was no longer to be claimed. This composition was paid yearly until 1461, when for certain special causes this payment was put in respite for a certain season. The sum of £119 6_s._ 8_d._ had been thus respited. Stringent orders were issued for the future payment of this fee by the tenants.

A like warrant was issued with regard to the foresters of Holland, in Yorkshire, in which case the fee had not been paid since 1484, and the sum respited amounted to £357 14_s._ 2_d._

Rossendale, the largest of the four great divisions of the forest of Blackburnshire, with an area of upwards of thirty square miles, was disafforested, on the petition of the inhabitants, about the beginning of the sixteenth century. A decree of the duchy for the year 1550, whereby the rights of a parish church were conferred upon the chapel of Rossendale, refers to the bill of supplication for the disafforesting as having been performed forty-four years previously, when the Crown came to the conclusion that the land would be used for good purpose if the deer were removed. The deer were accordingly killed, and the land let out to the inhabitants. The decree of 1550 states that whereas before the disafforesting there were only about twenty persons resident in the forest, the population then numbered about one thousand of all ages.

Although there was considerable disafforesting in the county as early as the end of Henry VII.’s reign in Blackburnshire, the Crown deer were preserved with some strictness in other parts of the county palatine long after the Restoration. William III., in 1697, issued his warrant, countersigned by the Earl of Stamford, as chancellor of the duchy, to the master foresters, bow-bearers, or keepers of the forests, chases, and parks of Lancashire, complaining of great destruction of deer, and ordering that precise accounts were to be returned yearly of the number of deer killed, and on what authority, as well as of the stock remaining, etc.