Chapter XI: The Forests of Yorkshire—pickering and Galtres

PICKERING

This forest district was known in early times as Pickering Lythe or Liberty, for which the term Pickering Vale seems to have been almost an equivalent at the beginning of the fourteenth century. But Pickering Vale possibly only included the cultivated or pasturage portions, and not the wastes of the actual deer forest. The antiquity of the woodland and stretches of the forest is clear, for the _silva_ of Domesday was sixteen miles long and four broad, and was, perhaps, co-terminous with the whole soke.

The constable of the castle of Pickering was always also the keeper of the forest and the steward of the manor. The forest had a great repute for its wild boars about the beginning of the thirteenth century. In 1214 Peter Fitzherbert, who was constable of the castle, received orders from King John to render assistance to master Edward, the royal huntsman, who was coming with his hounds to kill wild boars in Pickering Forest, and to see that the meat was well salted and in safe custody. Later in the same year the king warned the constable of the coming of Wyott, another of his huntsmen, with his men and the royal hounds for a like purpose. The boars were to be sought in a certain part of the forest where the king was wont to hunt them, and Peter was again to see that the meat was well salted, and the heads soaked in wine. The boar’s head was one of the oldest standard dishes for an English Christmas, and as this order was given in November, the wine-soaked Pickering boars’ heads probably graced the Christmas board at Worcester, where John kept that feast in the year 1214.

Henry III., in July, 1225, sent letters to the sheriff of Yorkshire and the constable of Scarborough to inform them that he was sending two of his huntsmen, Master Guy and John the Fool (_le Fol_), with hounds to take red deer in Pickering forest. The sheriff was ordered to pay four marks, two for the expenses, and two for salt for preparing the venison. In September the sheriff received further instructions to forward to London, with all speed, in good carts, the venison taken by Guy and John in Pickering forest, there to be delivered to the safe custody of Odo, the goldsmith of Westminster, till the king had need of it.

Henry also shared his father’s love for the boar flesh of Pickering. In 1227 the king, when tarrying at Stamford, sent Guy and John “Stultus” to take twenty hinds and twelve wild pigs in his forest of Pickering, for the king’s own use. In 1231, when the king was at Wallingford, he dispatched his huntsmen to the same forest to bring back the large number of thirty wild pigs and fifty hinds; there can be no doubt that in each of these cases the meat was to be salted.

The first forest eyre for Pickering of which there is any record, and that only a brief entry in the great Coucher Book of the duchy, was held in 1280. Edward granted his brother Edmund the right of having justices of the forest whenever the king appointed such for his own forests, and also granted him the fines and ransoms that might accrue from the holding of the eyre.

Edward II. was at Pickering castle from 8th August to 22nd of the same month, in 1323. Whilst tarrying there, he ordered John de Kilvington, the keeper, to permit William, the hermit of Dalby, to have pasture in the forest for three cows, with their issue, for three years; William had previously obtained the royal permit for the pasturing of two cows for his lifetime, and the present grant provided that he should, in addition, have pasturage for a third cow so long as he remained a hermit. But the king had graver matters to attend to whilst at Pickering. An inquisition was held by the oath of the foresters, verderers, regarders, and other forest ministers, in addition to other lawful men, whereby it was proved that over two score persons, in addition to many unknown, had committed venison trespasses in the forest since the time that it came into the king’s hands through the forfeiture of the Earl of Lancaster. Thomas of Lancaster had been executed at Pontefract after the battle of Boroughbridge, in April, 1322, so that all these offences had been committed in about a twelvemonth. The unsettled condition of the country, and particularly of the Scarborough and Whitby districts, where the earl had numerous friends and allies, had doubtless led many to think that the forest laws could be then infringed with impunity. Among the offenders were several of position, such as Sir John de Fauconburg and Sir Robert Caponn, who led a large company on 29th June, with eight greyhounds and bows and arrows, and there took a hart and hind, and carried the venison away to Skelton castle. At Martinmas, Sir Robert Caponn made another entry into the same part of the forest with nine men, and carried off three deer; and on a third occasion, a few days later, he came with seventeen unknown men, “for the purpose of doing evil, but they took nothing.” A minor offender was convicted of entering Blandsby park and giving the parker 12_d._ and a silk purse to say nothing about it. The king instructed the sheriff to arrest all these transgressors, and to deliver them to John de Kilvington to be kept in prison in Pickering castle until further orders.

FOREST HERMIT (FIFTEENTH CENTURY)]

The forest did not in any way suffer from the northern invasion of 1322, as it was saved by a war indemnity. For when the Scots that year made a bold foray into England, under Robert Bruce, and pillaged among other places the abbey of Rievaulx, which closely adjoined the liberty of Pickering, John Topcliffe, the rector of Seamer, and other leading men of the district, with the assent of the whole community, purchased the immunity of the vale and forest of Pickering from the river Seven on the west to the sea on the east. The covenant to effect this was made with Robert Bruce on 13th October, 1322, through the Earl of Moray, for 300 marks to be paid at Berwick. Nicholas Haldane, William Hastings, and John Manneser, at the request of the whole community, gave themselves up to Robert Bruce at Rievaulx on 17th October, to sojourn as hostages in Scotland until the money was paid. Afterwards the men of the community, although the Scots had kept to their bargain, refused payment, and the three Pickering hostages were still in prison in Scotland in July, 1325.

During Edward II.’s sojourn at Pickering in 1322 he gave 10_s._ to John, son of Ibote, of Pickering, for following him the whole day when he hunted the hart in Pickering chase, and also the roe deer.

The case of Sir John Fauconburg’s poaching came up again in the reign of Edward III. A close letter to the treasurer and barons of the Exchequer, of September, 1327, sets forth: That Sir John had shown the king, by petition before him and his council, that Hugh le Despenser, the younger, had lately caused Sir John to be indicted at Pickering, in Edward II.’s presence, for taking a hart and a hind, and caused him to be kept in prison until he had paid 100 marks fine, of which sum he paid 10 marks; that he prayed the king to be released from the remainder of the fine as he was indicted contrary to the law of the realm and of the forest; that the alleged trespass was made when Pickering forest was in the king’s hands by reason of the quarrel with Thomas of Lancaster, and it was ordained in the late Parliament that the king was not to have the issue of lands of those who were of the said quarrel; and further, that Sir John was indicted before another than the keeper of the forest, contrary to the law and assize of the forest. This last ingenious plea, namely, that Edward II. had presided at the Pickering court in person, instead of John de Kilvington, prevailed, and the barons were ordered, if they found that Sir John had been indicted before another than the keeper, to remit the arrears of the 100 marks.

Pleas of the forest were held at Pickering on 6th October, 1334, before Richard de Willoughby, Robert de Hungerford, and John de Hanbury, justices in eyre. The foresters-of-fee of the West ward were Sir William de Percy, who was present, and a lady forester, Petronilla de Kynthorp, who was represented by Edmund de Hastings as her deputy. The foresters-of-fee of the East ward, were Roger de Leicester, Hugh de Yeland, and William le Parker. All these had several sub-foresters under them. Sir Ralph de Hastings, the keeper of the whole forest, had seven foresters immediately under his control. Four verderers, thirteen regarders, and four agisters (two for each ward) were also present.

No pleas had been held since 1280, and the verderers, past and present, or their heirs, were bound to produce the rolls, with vert and venison presentments, of their term of office. Alexander, the son and heir of Bernard de Bergh, deceased, appeared and handed in his father’s rolls, and the same happened with the sons of two other deceased verderers. In two other cases the sons put in no appearance, and the sheriff was ordered to seize the lands to compel attendances; the sons and heirs appeared before the court broke up, and were fined 40_s._ and five marks respectively. Two late verderers who were living appeared and produced their rolls. William Ward, late verderer, failed to appear, and writ was directed to sheriff; afterwards he appeared, and was fined half a mark for non-appearance the first day, and £5 for non-production of of his rolls, which he said had been stolen from him, and he knew not where they were. The successors of two other late verderers (deceased) were fined £3 for non-production of their predecessors’ rolls.

It was reported that Roger Mansergh, late forester-of-fee of the West ward, was dead, and that Petronilla, his daughter and heiress, came to perform the duties of her office and make her claim; another forester-of-fee of the East ward, Roger Bygod, late Earl of Norfolk, was dead, so that the same had remained in the king’s hands, and the constables of the castle, at their own risk, had appointed at pleasure Hugh de Yeland in his stead.

The rolls of those who had been agisters since the last eyre were also put in, in two cases by the sons and heirs of those who were deceased.

The constables of the castle, who were also wardens of the forest, were called upon to present their rolls and the muniments of the forest, since the last eyre held fifty-four years ago—they were Richard Skelton, William Levere, and Adam Skelton, all dead, the order of the court in each case being, “Let his successor appear and answer.” Then came John Dalton, a late constable, who produced his rolls. He was followed by John Kilvington, who said that during all the time he was constable, he was appointed, by commission from Edward II., warden of the honor, castle, and forest of Pickering, which was then for certain reasons in the king’s hands, and that as he had to render his account to the Exchequer all his rolls and other forest documents were in the king’s treasury, so that he could not produce them, and he referred the justices to them. The late constable’s statement was then proved on oath by forest ministers, and in order to save time the justices decided not to send to Westminster to inspect the returns and accounts, and contented themselves with fining John the nominal sum of half a mark for non-production. Thomas Ugretred and Simon Simeon, both short-lived constables, did not appear or send any deputies or rolls, and writs were issued in each case. Sir Ralph Hastings, the then holder of the office for life, by appointment of Henry, Earl of Lancaster, made due appearance, and produced his documents.

With regard to the list of essoines before the justices, the majority of them were proved to be dead, and therefore no further proceedings could be taken in their case or in that of their bail.

The list of indictments by the foresters and verderers opens with a case of venison trespass on an exceptionally large scale. On 23rd March, 1334, there were gathered together at “Blackhodbrundes” (probably Blakey Moor) in the forest, a great concourse of people with greyhounds and bows and arrows; among them were several of considerable position, such as Nicholas Meynell (mentioned first) of Whorley Castle, Peter de Manley, the younger, heir to Mulgrave, John and William de Percy of Kildale, whilst other names of distinction, such as Wyvill and Colville, occur among the forty-two who were recognised.

The sport probably assumed the form of a great drive, for forty-three of the red deer (another account says sixty-three) were actually killed. By way, apparently, of showing their contempt for the foresters of the Earl of Lancaster, the sportsmen, before they left the forest, cut off nine of the heads and fixed them on stakes in the moor. Again, on 26th May of the same year, Nicholas Meynell, with Peter de Manley, and some others engaged in the former fray, but in a much smaller company, entered the forests with bows, arrows, and greyhounds; on this occasion, however, they had only taken one hind when the foresters came upon them, rescued the venison, and carried it off to Pickering castle. The special impertinence of this game trespass was that Edward III. had only arrived at Pickering castle on a visit to the Earl of Lancaster on the previous day. The king tarried there till 30th May, and the eyre that was held a few months later was probably brought about as the result of this wholesale poaching by men of position.

None of the transgressors put in an appearance before the justices, and a writ was directed to the sheriff to compel their attendance. Eventually certain of them appeared, were convicted, imprisoned in the castle, and ransomed on finding pledges and paying fines—Nicholas Meynell £13 6_s._ 8_d._, Peter de Manley and William Wyvill £10 each, Robert Colville £6, Robert Staynton and two more £1 each, whilst twenty others were fined in sums varying from 13_s._ 4_d._ to 5_s._ Three more appeared later before the justices at Hackness, and were imprisoned and ransomed; the rest did not appear, and as the sheriff failed to find them, and they had no goods in his bailiwick, they were outlawed.

Sir Ralph Hastings, the then constable and keeper, was himself charged with venison trespass in 1327, but he produced a pardon from the Earl of Lancaster, dated 13th August, 1334.

Another trespasser who produced a pardon was Edmund Hastings, who, with certain of his household, hunted a hare by night on Midsummer Eve, 1316, and carried it home to Roxby. Edmund appeared and produced a pardon signed by Thomas, Earl of Lancaster, soon after the offence, as well as from his nephew Henry, the present earl.

A considerable proportion of the venison trespassers were men of good family, such as Moryns, Acclams, and Boyntons, in addition to those already named.

Here, as elsewhere, a certain number of the secular clergy were found to be culprits. Walter Wirksall, chaplain of Westerdale, was convicted of twice joining a poaching party in 1328, and was fined £1 6_s._ 8_d._ Robert Hampton, rector of Middleton, kept four greyhounds, and often hunted hares; as he did not put in an appearance and could not be found, the rector was outlawed. John, the chaplain of Hackness, in 1312, and again in 1314, knowingly received unlawfully hunted venison; on his conviction he was fined £1 6_s._ 8_d._ During the time of the sitting of the eyre, John Shepherd, parson of Levisham, was caught by Edmund Hastings, forester-in-fee, in the act of killing a hart with bow and arrow in Haughdale; he was taken to the castle and there imprisoned. On being taken before the justices, he and his companion got off with the light fine of 13_s._ 4_d._ each. On 10th July, 1311, a servant lad of William Nafferton, vicar of Scalby, and two other men, carried a hind, which one of them had killed, to the vicarage, but without the vicar’s knowledge; there they skinned it, and Dionysia, the vicar’s maid, was an accessory, for she had part of the venison; part she sent as a gift to Emma Pinchon, laundress of Newby, and the rest she sent out to the fields to the vicar’s ploughmen for their dinner. One of those who carried the venison to the house was fined 6_s._ 8_d._, and the rest were outlawed. Outlawry was the usual penalty for these venison trespassers where the offender was poor and could not readily be found. It is highly probable that not a few of such outlaws eventually returned to their parishes or homes in the lighter cases.

Many of the delinquents of the earlier years since the last eyre were doubtless dead, and where that was known to be the case the information was struck off. But one case brought before the justices in 1334 went back as far as 1289. In that instance two men of Farndale, who killed two hinds in Parnelldale on 1st July, 1289, were fined, the one 26_s._ 8_d._ and the other 40_s._, thirty-five years after the offence was committed.

The enormous amount of business of every kind that accumulated for the justices to supervise at these long-deferred eyres generally caused the proceedings to be very protracted. This one at Pickering, with occasional sittings at Hackness for the liberty of the abbot of Whitby, actually lasted for two years, though, of course, they were not continuous sittings.

Among matters investigated by a jury at these pleas was the general amount of venison taken in the forest since the last _iter_. The returns made showed that when John Dalton was constable and keeper, he took 134 harts, and 158 hinds, bucks and does, as well as five hinds that Henry Percy took by his leave, and three hinds, three calves (red deer fawns), two fallow deer, and two roe deer, which he took and gave away as he pleased. When he appeared before the justices, Dalton stated that when keeper under Earl Thomas he took harts, hinds, bucks, and does, and delivered them in accordance with the earl’s orders and produced his warrants. Among others were seventy-two harts, fifty-six hinds, and forty-two fallow deer for the earl’s larder; fourteen harts and eighteen hinds for tithe to the abbot of St. Mary’s, York; three hinds for the Bishop of Ely; and a large number of single deer to all the chief families of the district. The two roe deer and two calves were taken accidentally by his hounds when in the forest, and he was not able to rescue them alive. He denied taking and giving away three hinds and two fallow deer, but judgment was given against him in that, and he was fined £2, and had to find sureties for good behaviour. During the time of his office several hundred oaks were felled that were chiefly used for the fortifications and repairs of the buildings and stockades of the castle. Dalton was able to produce warrants for all save five oaks, and for these he had to answer at the rate of 6_d._ each, and 30_s._ for the offence.

Kilvington, when he was constable, had felled 107 oaks in the forest, and 305 in Haugh Rise and Birkhow. In his time 152 harts and 159 hinds and fallow deer were taken in the forest. He appeared, and said that all that he had done was by royal warrant, save that thirty harts and fifty hinds had died of murrain, and that their putrid carcases were hung on oaks in the forest. He was given till 13th March, 1335, to obtain certificates from the Exchequer. These certificates were accordingly produced at that date, but as they did not entirely free him he was allowed to make a fine to the earl of £20 to clear the remainder.

Richard Skelton, the late keeper, was dead; the foresters certified that during his time 390 harts and 524 hinds and calves, etc., were killed, but about 500 of them died of murrain, and that he gave a hunt after the earl’s game to Anthony Bek, Bishop of Durham, and another to Robert Bigot, who in each case carried off their game; but they were both dead.

They also made short returns for the brief periods that William le Eure, Adam Skelton, and Simon Simeon were successive keepers; in each case there were many deaths from murrain.

Ralph Hastings was able to produce warrants for all vert and venison since he had been keeper.

The Regard of the forest, presented on the opening day of the eyre, introduced another class of business and investigation set forth under the various statutory articles. In this case the sworn statements were of exceptional length, as they actually had to present all assarts made in the forest since 28th October, 1217, namely, for 117 years! Those between 1217 and the last eyre were termed old assarts, and those since the last eyre new assarts. All these assarts and enclosures, and encroachments and spoiling of woods have been set forth at length by Mr. Turton from the Coucher Book.

Agistment records were put in, beginning in the year 1290. The pannage charge in both the East and West wards was 1_d._ for a pig, and ½_d._ for a little pig, that is under half a year old.

Particular indictments presented to the justices, when sitting, in 1335, included charges against foresters of skinning a hart that died of the murrain and keeping its skin, worth 1_s._ 4_d._, to their own use; foresters taking and retaining pasturage fees; foresters keeping pigs, horses, and beasts unlawfully; the prioress of Rosedale usurping the right of having a woodward in Rosedale wood; and the wrongful appropriation of honey.

The cases of vert trespasses committed within the demesne since the eyre of 1280, that were presented at the eyre of 1334, numbered only 93; but it must be remembered that the swainmote courts had power of dealing with the minor offences of this nature, and that in many instances the trespassers and bail must have been dead. The majority of the cases were for taking green oaks of comparatively small value. The fines imposed varied from 1_s._ to £5. In addition to oaks, alders, hazels, hollies, thorns, saplings, and poles are mentioned. The present verderers were held responsible for the value-fines of the swainmotes that their predecessors had received. Clergy, both secular and religious, appear among the transgressors. Of the former, the rectors of Brampton and Middleton, and the vicar of Ebbeston, had to answer for comparatively small offences. Of the latter, the offenders included the abbot of Whitby (for a trifling offence), the priors of Bridlington and Malton, and the preceptor of Foulbridge. The prior of Malton had the distinction of paying the heaviest vert fine of the whole eyre. He took green thorn and hazels in Allantofts, value £1, and carried it to Scarborough for kippering his herrings. The prior appeared and was convicted, and though it was stated that he had never since been found within the bounds of the forest, he was held responsible for the value, and was further fined the sum of £5. Three servants of the prior of Bridlington felled, for the use of the prior, a green oak by night in Fulwood value 2_d._ They were caught whilst carrying it away in a wagon worth 40_d._, drawn by four oxen, worth in all £1 6_s._ 8_d._, and were handed over to the late prior to be produced at this eyre. The present prior was held responsible, and in addition to the loss of wagon and oxen was fined 2_s._ One of the servants was dead, and the two others, who had been released on bail, did not appear. Their bail was ordered to be forfeited, when it was found that they were all dead. This was evidently an old case that had probably occurred soon after the last eyre; but the vert roll, unlike that for venison, unfortunately gives no dates. There are several other instances of forfeiture of wagons and oxen; in these the value was much lower than in the prior’s case, for the other wagons are all valued at 6_d._, and the oxen in sums varying from 2_s._ 8_d._ to 3_s._ 4_d._ each.

The various cases of cattle taken within the forest that were unagisted since the last eyre, included upwards of 150 different charges. Such cattle were impounded by the forest ministers, and as a rule their value was paid to the lord ere released. These sums appeared in the annual accounts of the forest. It seems that the usual course was for all these cases to be brought before the eyre, but that no further proceedings were generally taken if it was shown that the value-fine had been paid at the time.

The fines for non-appearance on the first day of this protracted eyre were astonishingly numerous. They were evidently levied according to the position of the offender, and the extent of his rights within the forest. Thus the prior of the Hospitallers was fined £3; Henry de Percy and Thomas Wake, £2; William Latimer, £1 10_s._; and the abbot of Rievaulx and Sir Richard de Ros, £1. There were several fines of 3_s._ 4_d._, and others of 1_s._ 8_d._ In thirty-two cases there were 1_s._ fines, whilst 6_d._ was the forfeit paid by nearly 300 persons. The townships of Pickering and Goathland were fined £1 for non-appearance of their four men and reeves on the first day, and four other townships smaller amounts. In about a dozen cases there was no fine on account of poverty. Robert Stephen, though fined 6_d._, had nothing to pay because he was a villein; whilst John Foxlove was pardoned his fine for two good reasons, as he was both poor and dead!

The records of various swainmote or attachment courts of this forest for the year 1407-8 are extant. At one held at Pickering on 17th September, the woodwards of Crosscliffe and Stayndale were each fined 2_d._ for non-appearance. The attachments for agistment of pigs in the West ward during the close month were numerous.

The attendance of the officials at these minor courts seems to have been slack. At a swainmote held on St. Matthew’s Day, the forester of Alayntoft was fined 2_d._; John Gower, one of the verderers, 6_d._; William de Roston, deputy regarder, 4_d._; John Westhorpe, regarder, 4_d._, for absence. The township of Brymyngeshoe was at the same time fined 6_d._ for the absence of their reeve and four men.

Fines were paid this year before John de Sultan, lieutenant for William de Roos, lord of Hamelake, the keeper of the forest, for the lawing of dogs. The West ward paid the large sum of £10 18_s._ 8_d._, duly portioned out among the different townships; Pickering, with Goathland, paid 60_s._; Cropton, with Hartoft, 30_s._; whilst others like Newton only paid 3_s._ 4_d._ The sum received for a like cause from the East ward was £3 0_s._ 8_d._

The due number of courts, namely, one every forty days, were held in 1408 at Pickering, and other forest centres. At the Langdon court, Sir David de Rouclyffe was presented for having felled in Goathland, in a close called Malton close, nine oaks for a balk then being made in Pickering at a place called Barylgate, and also seven oaks and twenty-three logs of willow and linden for building there.

The forests pertaining to the Duchy of Lancaster naturally suffered severely during the Wars of the Roses, and perhaps none more so than Pickering. In October, 1489, Henry VII. enjoined upon Brian Sandford, steward of the honor of Pickering, constable of the castle, and “master forster of our game within the seid honnor,” that no manner of person be permitted in any way to take or disturb the game for the space of three years—“As it is common unto our knowledge that our game of dere and warenne within our seid honnor is gretly diminnished by excessive huntyng, and likely to be destroied, without restreyn in the same be had in that depart.” “We desire,” continued the king, “the replenisshyng of our seid game not only for our singler pleasure but also for the disport of other oure servantes and subjettes of wirshipp in theis parties.”

The country had apparently not sufficiently settled down for justices to be spared at this period to go through the long processes involved in forest pleas at Pickering, and the king, in 1494, appointed Brian Sandford and Richard Cholmley to act as commissioners in procuring inquests as to the various transgressions in the forest, taking cognisances of all offences for the past five years. The jury, which included five esquires and three gentlemen, first presented that, on 1st July, 1489, Leo Percy, lately of Ryton, esquire, a forester-of-fee, killed a buck which Sir Thomas Metham had; on 12th July, a buck, which Master Babthorp, reeve of Hemingborough had; on 20th December, a doe, which John Clay and Robert Milner of Kirby Moorside had; on 22nd December, three does, one of which went to Sir John Pickering, another to Sir Thomas Metham, and the third to John Hotham, of Scarborough; and also at divers times six does and one hind in the park of Blandsby for his own use. In 1490 he killed nineteen, in 1491 nineteen, in 1492 fifteen, and in 1493 twelve, disposing of them to such persons as those already named, as well as to the prior of Watton, the rector of Levisham, Sir Marmaduke Constable, Guy Fairfax, and Robert Constable, of Holm.

They also charged Roger Hastings, one of the foresters-of-fee, with taking twenty deer.

On the other hand, Lionel Percy and Roger Hastings each claimed as foresters-of-fee two harts and two bucks in summer, and two harts and two does in winter; but the jury disallowed this, and returned that they were only permitted one course for their dogs twice a year. The two foresters claimed from every deer slain within the forest both the shoulders as well as the entrails, or numbles (_barbillas, que barbille proprie nounbilles evocantur_). But the jury disallowed this, stating that the foresters-of-fee had only a right to the left shoulder, the right shoulder and the entrails belonging to the master forester or his lieutenant.

In a schedule supplied to the Commission of fallow deer killed or taken out of the park of Blandsby, within the honor of Pickering, by the steward and his deputies or by others at his command, 12 are entered for 1488, including a buck each for the dean of York and for the abbot of St. Mary, York; and 12 died in the summer of that year of murrain. Of the 15 does killed at Michaelmas, in 1489, 6 were retained by the steward and 2 by his clerk; 6 died of murrain. But of 16 deer killed at Easter of that year, the steward kept 4 bucks, and his clerk 3 does; the murrain carried off 8 male deer. At Michaelmas, 1490, 13 deer were killed by the steward’s orders, all does, of which the dean of York received one; the murrain was responsible for the death of six. From this date up to the holding of the Commission the number of deer killed by the steward’s orders averaged 15 a year. Of those killed at Easter, 1491, a buck was assigned to “the weddyng of Crystofer Peghen,” and another “to making of a Preest.” The last entry probably refers to a feast given at Pickering by the parents of one who had been admitted to priest’s orders.

A separate schedule was presented of “the herts, hinds, and other reade dere which have been taken by Bryan Sampford Esquyre, steward of the honor of Pykeringe,” or his deputies, between 1488 and 1493. They included 9 harts, 3 hinds, 2 brocket, and 1 “Hyrsill.” A hind was also found hurt with a harrow in Newton Dale, which had to be slain. During this period 15 red deer died of the murrain.

A prolonged and fierce dispute arose between Hastings and Cholmley as to this forest, of which extraordinarily full records are still extant. Members of the Hastings family had been frequently stewards of the honor of Pickering, constables of its castle, and masters or keepers of the forest for some two centuries. Richard II. had appointed Sir Edmund Hastings to these offices, and Henry VII. had confirmed the appointment, and made him also keeper of Blandsby park in the second year of his reign. But Henry had soon cause to note the lax way in which the old officials of the duchy discharged their duties, and on the death of Sir Edmund Hastings severed the official connection of that family with the honor of Pickering. Sir Roger Hastings, as tenant of Kingthorpe, became one of the foresters-of-fee, but Brian Sandford became master forester and steward. Within five years, however, of his being appointed, the new steward’s laxity in both vert and venison came before the very court of which he was joint commissioner with Richard Cholmley, whilst two of the other chief offenders were, as we have just seen, foresters-of-fee. The jury were themselves so tainted that they failed to convict, and eventually Brian Sandford was removed, and Sir Richard Cholmley appointed in his place. Though a man of eminence, Cholmley had then no connection with Pickering or the district, and his advent and that of his family was bitterly resented by the Hastings, who were not only jealous, but resentful towards the stricter forest rules.

In 1501 complaint was made to the chancellor of the duchy by Sir Roger Hastings, one of the king’s foresters of Pickering forest, against Sir Richard Cholmley, master of the forest and his deputies, for suffering great waste of both wood and deer in the forest and park. The charges are set forth with much particularity in a long schedule. The list of waste in those woods of the king’s demesne, where no free tenants were entitled to have any live trees, opens with thirty-six oaks assigned to the abbot of Whitby and twenty oaks to the dean of York. The allotment of forty-six other oaks is also specified. Various charges were made against the master’s servants, the gravest of which was:—

“Item, the said Richard Chomely hath a servaunt called John
Colson, and he dayly ledes away the kinges wode be horse lade
to Scarbrough, some day iiij horses, and oft tymes vj horses
dayly this vij yeres and every yere to the value of v _li_, sum
xxxv _li_.”

The waste in the wood called “the Yath” was said to be very considerable; about 150 loads of wood are enumerated, with the names of those who had them in a single year, as well as a great many stubs. In the same year, in the grounds of Deepdale, about 100 oaks had been felled by the officers and servants of the master, out of which only a very few had been used towards the repair of the castle walls.

As to the destruction of the king’s game, Sir Richard Cholmley was charged with hunting, chasing, and slaying with greyhounds, bows and arrows, or permitting to be slain by others, between 1499 and 1501, the following deer, the date, place, and name of the exact offender being in each case chronicled. Fallow deer: 4 buck, 2 sowers, 3 does; red deer: 14 stags, 5 bucks, 17 harts, 19 hinds, 18 calves (both hind and hart, but not always specified which), and 3 hyrsills. In addition to this, 6 stags, 1 hart, 1 hind, and 1 calf had been found dead in Langdon and Newton Dale with arrows in them.

The answer of Sir Richard Cholmley to the bill of complaint of Sir Roger Hastings was brief, vigorous, and to the point. He said that the charges were false, and only intended to vex and trouble him, that neither the abbot of Whitby nor the dean of York had ever had any timber out of Pickering forest since he had been an official; that the whole of the charges as to the waste of wood were false, save that stubbs were delivered to certain tenants by his officers for “firebote,” according to ancient usage. As to the game, he had given “certain dear to the lords and gentylmen borderyng unto the said forrest to thentent that they shuld be lovyng and favorable to the kynges game there,” and that their number and condition were better than they had been when he entered on his office.

As a counterblast to this long and definite complaint, Roger Cholmley (brother to Richard) and others laid complaints of a much shorter character before the chancellor, in the following year, as to certain offences committed by Sir Roger Hastings in Pickering Lythe.

It became necessary to hold a local inquiry. The inquisition was opened at Pickering on 1st May, 1503. The jury found that in the year 1501 a stag was killed at Cross Cliff for Lord Clifford; a hart at Goathland for the Bishop of Carlisle; a stag for the Archbishop of York; a hart for the Abbot of Fountains; a stag for the Receiver-General of the Duchy; a stag for Mr. Empson; a stag killed by Sir Richard Cholmley and given to the Ambassador of Scotland; a stag killed by Sir John Hotham and Sir Richard Cholmley; and a brocket killed by Sir Ralph Bigot; also a buck and doe without licence by two yeomen. The jury further stated that the red deer in the forest of Pickering then numbered “200 over and above the number that were founden at thentre of the said Sir Richard Cholmeley, and whereas the said Sir Richard upon iiij yeres passed founde at his entre to said parke (Blandsby) xviij score falowe dere, there be nowe 500 or more.”

BERNER AND LIMEHOUND (FIFTEENTH CENTURY)

CROSSBOW SHOOTING (FIFTEENTH CENTURY)]

As to the charge of wood wasting, the jury were equally emphatic, declaring that neither Sir Richard, nor his brother, nor any of the officials, “did sell, give, nor emploie to theire owne use any maner of wodde, excepte suche tymber and wodde as by theym hathe beene delivered to the King’s tenaunts and freehoolders as of right and due unto them.”

In addition to the findings of the juries, William Savage and Thomas Magnus, before whom the inquest was held, appended other valuable proof as to the condition of the forest and park. They stated that they had diligently examined on oath the foresters, keepers, and woodwards, as well as other persons, and that even those who were adversaries of Sir Richard had to admit that there were at least 200 red deer, a greater number than when he entered on his office; whilst Sir Richard and others deposed that they now numbered 300. The Commissioners resolved to test the matter for themselves:—

“Item, we being perfitely enformed that the circuit of the
said foreste conteynneth upon lx myles aboute, did take with
us viij persons, and went sodenly into the said foreste, and
notwithstanding there be noe lawnde wherunto the said dere
shulde resoorte, but all the moores in corne for the kingges
tenants there, yet natheless the said viij persons brought unto
us withyne two houres vij or viij score Rede dere, and soe we
vewed thaym at the same sodeyn assemble.”

As to the park, Sir Richard’s adversaries did not deny that there were 400 fallow deer, whilst his friends deposed on oath that there were 500; the Commissioners on view believed the latter statement to be true.

The foresters were accustomed and allowed to occasionally take dead wood to Scarborough and elsewhere for sale; but in the case of John Colson, “he fortuned to toppe the toppes of certaine stubbe oakes, and sold the same with his wyndefallen wodde at Scarborough.” But directly this came to Sir Richard’s knowledge, John Colson was dismissed from office openly in court, and imprisoned in Pickering castle until he found sureties for his future good behaviour.

The deer of Pickering forest dwindled during Henry VIII.’s reign. In a return of all the king’s deer north of the Trent, drawn up in 1538, there were but 140 fallow deer and 50 red deer in the forest. But perhaps the deer in Blandsby park escaped reckoning.

An inquisition was held as to the condition of the forest in 1562, the returns of the juries covering the period since the death of Henry VIII. It was stated that since that time Sir Richard Cholmley had felled eighty oak trees in Goathland, and much in other parts of the forest to his own use, and that he had used much timber in the making of his house at Roxby; that Sir Richard had taken down fourteen loads of the best dressed stones out of the chief tower and other parts of Pickering castle to build his gallery at Roxby, the castle being in ruin and decay; that the red deer were viewed to be 264, whereof 54 were male deer; and that the fallow deer in Blandsby park and woods adjoining were 600, whereof 77 were male.

In 1591, the killing of any deer, red or fallow, within Pickering forest, was prohibited for three years, as the stock was getting greatly diminished.

A survey of the woods taken early in 1608 mentions that the wall of stone round Blandsby park was greatly decayed in many places, and that there were then about 100 deer in it.

The elaborate survey taken in 1619-21 by John Norden, sworn to by forty-one jurors, gives full particulars as to bounds, woods, wastes, encroachments, and general manorial details. Norden complains that “the tenantes about Pickeringe are so unrulie, as they make their owne pervers wills a law.” In connection with the “spoylers of woode,” mention is made of oak, ash, alder, and maple. There were no keepers’ lodges in any part of the forest save in Blandsby park, where there were two.

“The foreste game shoulde be redd deere, but few lefte within
the foreste, and they that are raunge into confininge woodes
of Sʳ Thomas Posthumus Huby, having litle or noe covert els
within the foreste, but Newton Dale onlie, where they are often
disturbed with stealers of woode, so that it is manifest that
for everye redd deare in the forest there are 5000 sheepe. The
parke is replenishte with fallow deere, but being unstaunchte
(unsatisfied) they raunge over all the adjacent feildes.”

A detailed survey of the honor and its members was also drawn up in 1651. “Wee find,” say the Commissioners, “that within the Honor of Pickering there is a Forest, a Chace, and a Parke (as it did appeare unto us by an ancient Veredict, and by the Testimony of many ancient Inhabitants), and also certaine Lands that are no part of the Forest.” Neither red nor fallow deer are mentioned, but they could not have been extinct.

The honor of Pickering had been settled on Queen Henrietta Maria as part of her jointure. At the Restoration it reverted to her, and a survey was made in 1661. It is therein stated: “There is a forest called the forest of Pickeringe Leighe, and a park called Blandesbie parke belonging to the Honor. The Parke is stored with deare, but the game within the forest is almost quite decayed.”

GALTRES

In the centre of Yorkshire, extending right up to the walls of York, was the great hunting district known as the forest of Galtres. It stretched at one time about twenty miles northward from York to the ancient town of Aldburgh; being royal demesne, it was a favourite hunting-ground of the Saxon kings. From the days of Henry III. downwards, the incidents connected with this forest and its administration are of frequent occurrence, and it is strange that it has not found an historian. The exigencies of space only permit a few brief extracts. The two Yorkshire forests, whose officials received express directions as to the disposal of the cablish after the great storm of 1222, were those of Galtres and of the district between the Ouse and the Derwent. In 1227 Henry III. ordered the bailiffs of Hugh de Neville in the forest of Galtres to supply wood and charcoal for three days for the use of the archbishop in his house at York. In the same year the king gave four oaks out of this forest for the repair of the bridge at Topcliffe, and ten oaks to the prior of Marton for the building of his church.

A perambulation of the forests of Yorkshire was made in 1229, when it was certified that the whole forest of Galtres, the forest between the Ouse and the Derwent, and the forest of Farndale were true ancient forests of the king.

In 1231 oaks were furnished from this forest for the repair of mills at York, and on October of that year the king ordered fifty hinds to be supplied for his use (salted venison) in the coming season from Galtres forest; in the same month he instructed the sheriff of York to obtain a sufficiency of wood and charcoal from this district against his coming visit to York on the Sunday before Martinmas.

Edward I., in 1280, gave the prioress and nuns of St. Clement’s, York, six oaks fit for timber out of Galtres, and made a like gift to the Franciscans of Scarborough. In the following year Geoffrey de Neville, the keeper, was ordered to supply twelve bucks to the Earl of Surrey; whilst six does were presented to the Archdeacon of Newark in the ensuing January. In the summer of 1283 there were numerous royal gifts of bucks from Galtres; on 18th September the keeper was directed to supply Anthony Bek, the elect of Durham, with twenty-five bucks.

Philip le Lardiner, son and heir of David le Lardiner, obtained seisin of the serjeanty of the forestry of the forest of Galtres, after doing homage for it, in January, 1284, which David at his death held of the king in chief. In the same year the Franciscans of York obtained six oaks for the work of their church; whilst the dean of York (Robert de Scarborough) obtained ten live does to help to stock his park of Brotherton, and the master of St. Leonard’s Hospital, York, four live bucks and eight live does to stock a park of his. In 1286 a regard was ordered to be taken in preparation for a forest eyre.

On 28th October, 1307, the sheriff of York received a mandate to assemble the foresters and regarders of Galtres to make a regard prior to the arrival of the forest justices. They were to elect new regarders in the place of those dead and infirm, so that there were twelve in each regard. The foresters were to swear to lead the twelve knights through their bailiwicks to view all trespasses which were to be expressed in the written _capitula_ sent to the sheriff. The knights were to swear to make a true regard, and if the foresters did not lead them, or wished to conceal any forfeiture, the knights on that account were not to omit to view the forfeiture. The regard was to be made before the Feast of the Purification. Assarts made since 2 Henry III. were to be viewed, and their acreage, sowing, and ownership, and all other particulars, written down. All purprestures, old and new, were to be likewise stated in full detail.

Orders were given in 1308 for the tithe of the whole venison taken in Galtres to be delivered to the abbot and convent of St. Mary’s, York, in accordance with the grants of the king’s predecessors. In 1311, and on various subsequent occasions, the king ordered the sheriff to cause new verderers to be elected for Galtres in the place of those removed by the Crown for insufficiency. Forest pleas were held at York in 1311, and again in 1313.

Various attachment court rolls of this forest, _temp._ Edward II., are extant. There were six such courts held in 1313-17, namely, three at Easingwold, two at Huby, near Sutton-on-the-Forest, and one at “Hillulidgate.” The fines imposed were chiefly for taking wood by the cartload. The Epiphany court at Huby imposed a fine of 6_d._ for twenty-four such cases, and one of 12_d._ The fines at the Easingwold court, at Ascensiontide, amounted to 18_s._, and included sixteen at 6_d._, two at 1_s._, and four at 2_s._, all vert cases. The fines at the St. John Baptist court at Huby included thirteen cases of turning out horses at 6_d._ each, and one of 3_s._ 4_d._ for the irregular agisting of pigs. At another court there was a small fine for collecting acorns.

The number of courts held annually seems to have been irregular; but possibly those only are entered where there was business to transact. Thus the rolls record eight courts in 1317-18 and eleven courts in 1318-19. In the latter year William Carlton, butcher, of York, was fined 2_s._ for twelve pigs taken in the forest in time of pannage. At the same court the straying of a black runt or steer (_unum runctum nigrum_) cost the owner 12_d._, and there was also a fine of 6_d._ for the straying of a colt (_pro haymaldatione j pullani_). The pannage of pigs at Huby brought in 3_s._ 10_d._; at Easingwold, 26_s._ 1_d._; pigs were charged 1_d._ each, and little pigs ½_d._ The fence month payments of the different townships amounted to 10_s._ 1_d._; cheminage dues to 10_s._ A much larger sum was obtained when the dogs were lawed. In one year of this reign the lawing fees amounted to £9 8_s._; the payment was 3_s._ in each case, save in one instance, when the owner pleaded poverty, and the fee was lowered to 12_d._

A perambulation was made on oath as to the bounds of this forest in 1316, from which it becomes clear that the forest of Galtres comprised about sixty townships, containing within its demesne about 100,000 acres, or nearly the whole of the wapentake of Bulmer. The boundary line, beginning at “the foot of the wall of the city of York,” passed nearly due north to Crayke, and thence round by Stillington, Farlington, and Strensall, and so to Huntingdon, “even to the foot of the wall of Layrthorpe Bridge, where the perambulation began.”

The bounding jury also testified that there was but one forester-of-fee in this forest, namely, John Hayword, who held his bailiwick for the term of his life by the gift of Edward II.

In 1472, John Shupton, who held the office of riding forester in Galtres by letters patent of Henry IV., surrendered his letters in Chancery to be cancelled in favour of his son William. This was granted on payment of the usual fees, with £4 yearly for certain herbage.

There are also various Galtres attachment court rolls extant of the reign of Henry VI. (1422-60). Interesting reference is therein made to the custom of _Thistiltak_, or thistletake, though not at that period producing any appreciable income. “Thistletake” was a term at one time in use in Yorkshire, Lancashire, and Cheshire for a customary fee of ½_d._ a head from drovers, through certain forests or over certain commons, if they permitted their beasts to graze to any extent, even to the snatching of a single thistle.

In 1432 the agistment of cattle produced 15_s._, and the pannage of pigs 6_s._ 4_d._ Fines for taking a cartload of “ramell” (copse-wood) varied from 4_d._ to 6_d._, and for a cartload of “grissell” (which seems to have been a term for fresh cut grass for fodder) 6_d._ to 8_d._

In 1483 Richard III. granted for life to his servant Geoffrey Frank, one of the esquires of the body, the office of the keeper of the king’s laund within the forest of Galtres, with fees of £10 yearly at the hands of the receiver of the lordship of Sheriff Huttun, and other profits. Grants were also made about the same time by the king to two out of the four foresterships; each of the four foresters had a wage of 4_d._ a day. Another office filled by Richard III. in the following year was that of steward of Sutton within the forest of Galtres.

Some interesting particulars relative to this forest occur in connection with an eyre of the time of Henry VIII. At pleas held on 17th June, 1528, William Maunsell appeared as chief steward; Francis Coket was riding forester; Sir George Lawson and John Jenynges, Esquire, were the two foresters, each with a deputy; Ralph Hungayth, Esq., and Christopher Fenton, gent., were the two chief verderers. The constable and four men from each of the townships of Easingwold, Haxby, Alne, Tollerton, Newton, Skelton, Clifton, Mugginton, Huby, Strensall, and Stillington appeared.

Among the presentments were an assart of 80 acres by the treasurer of York Cathedral, a forester selling 100 loads of underwood in the last twenty years, the neglect of paling launds, the grazing of too many cattle, and trespass with crossbow and greyhounds.

Lord Cromwell, as chief justice of the forests, in addition to the privilege of common pasture for twelve score horned cattle, received £6 13_s._ 8½_d._ in fees from different townships.

“The office of the Ryding Forester with his fees accustomed” is thus set forth:—

“Furst the Rydyng Forester office is to ryde the perambulations
with the kepers and the King his tenauntes at the tymes
accustomede, to see and enqueare of all them that kepythe anye
Closyng in Severallie that ought to be open in Winter, And
also to hunte the purlewes and outer groundes with his houndes
according to thoffice of a keper.

“Item the saide Rydyng Forester haythe in his Fee accustomede
within the saide Foreste as folowethe Fyrste of Saynt Marie in
Yorke iij_s_ iiij_d_, of the Maister of the Comons their ij_s_,
of Saynt leonardes in Yorke iij_s_ vj_d_, at Huntington of
holme landes iij_s_ iiij_d_, of the Vicarage of Sutton ij_s_,
of Shipton lands in Shipton ij_s_, at Newton upon Ouse iij_s_
vj_d_, at Easingwold of the Kyng his tenauntes their ij_s_
vj_d_, at Newbrough ij_s_, at Byland ij_s_, in tachment monye
iij_s_.

“Suma, xxix_s_ ij_d_”

“The office of the Bowebearer and Receyvor wythe his fees
accustomed.

“Furste the saide Bow-bearer ought dailie to walke throughe
all the saide Forest as one keper ayther by hym selve or his
deputie or deputies. Also he hayth in his Fee all forfayte
Skynes bothe in Wynter and Somer by accustome. Also he haythe
in Fee of Saynt Marye Abbaye in Yorke xij_d_, in Tachement
monye iiij_s_ one yere & iij_s_ vj_d_ one other yere, at
Newborogh xij_d_, at Bylande xij_d_. Item he haythe oute of the
Extreacte for his receyvourshippe 40_s_.

“Suma viij _li_ viij_s_ x_d_”

Cromwell also held the office of master of the game in this forest, and was declared entitled to rights of herbage, pannage, browsing, “_cokkyes_ or the netting of woodcocks, windfallen wood, fishing and fowling, and the Laund House lodge with its herbage, of the estimated annual value of £10; also 12_d_ for gayte lawe in the hole forest of every 20 horse 6_d_, of every 20 cattle, & 4_d_ every score of sheep, & 2_d_ of every pakkehorse, 2_d_ for the hole year of every wayne, in fence moneth 4_d_ other time 2_d_; also 34_s_ 8_d_ St Thomas day, and the last day of fence moneth in certain proportions from the townships. Suma £20. 1. 0”

The jury returned that “gate-lawe” had been leased for 26_s._ 8_d._ and had been highly misused by the farmer. They considered that gate money might be taken of all the “bounderers” that carried their own wood 2_d._, and 4_d._ if carrying other men’s wood, together with ½_d._ for every horse; also 4_d._ for every horse carrying merchandise or other stuff to or from the city of York.

During the civil war of the seventeenth century, which raged so fiercely round York, the forest of Galtres naturally suffered severely. It was disafforested in the time of Charles II.

Lack of space prohibits any reference to the Yorkshire forests of Hatfield Chase, Knaresborough, and Wensleydale.