Chapter XV: Duffield Frith
Duffield Frith, or forest, was the name of a considerable expanse of forest land a few miles to the north of the county town. Though one of the smaller of the royal forests, it had a circuit of somewhat over thirty miles, even in the days of Queen Elizabeth, when it had undergone considerable reduction.
Henry de Ferrers, one of the chief favourites of the Conqueror, held no fewer than 114 manors or lordships in Derbyshire, at the time of the Domesday Survey, as well as many others on the borders of the shire. Duffield, on the Derwent, at the entrance of the valley that gave access to the lead mines of Wirksworth, made an admirable centre for the controlling government of the great Norman baron. Here, on a site formerly used both by Romans and Saxons, he erected a most massive fortress, which was demolished _temp._ Henry III., in consequence of the rebellion of his descendant, Robert Earl Ferrers.
From the time when the forfeited Ferrers’ estates were confirmed by the Crown on Edmund Earl of Lancaster, Duffield and Duffield Frith became part of the honor of Tutbury, and formed a valuable section of the property of the earldom, afterwards the Duchy of Lancaster. The frith was not a true royal forest until Henry Duke of Lancaster came to the throne as Henry IV. in 1399. It had, however, been technically ruled as a royal forest for more than a century before that date; for Edward I., at the beginning of his reign, 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 and his heirs of the earldom the fines and ransoms that might accrue from the holding of the eyre. After the destruction of Duffield Castle, the castle of Tutbury became the centre of the forest jurisdiction of Duffield Frith and the prison for venison trespassers.
(See pp. 64-5.)]
Such history as can be given of this forest is very meagre for the earlier period; but at a later date, when the earlier forest legislation was in many respects falling into desuetude, the records of the attachment or swainmote courts—almost invariably termed woodmotes in this forest—as well as particulars as to its customs are unusually full and interesting. They offer considerable contrast in many respects to the records of the Peak Forest. In the Peak the deer, save for a few fallow “chance” deer or strays, and some roe deer in its earlier days, was exclusively red; in Duffield Frith, on the other hand, the deer were exclusively fallow. In the wild Peak district the bounds of the forest were only known from encircling rivers or streams, or from boundary stones and crosses; and there was but one kind of park, namely, the great stone enclosure of Champion or Campana. Contrariwise, Duffield Forest had pales all round it, which the adjacent tenants were bound to keep in repair, and it abounded in a number of separately paled and specially preserved parks.
The Peak Forest was never in any way wooded throughout by far the larger part of its area; but Duffield was wooded almost everywhere when first it came into the hands of the Ferrers. Nevertheless, in the stonier stretches of parts of Duffield and Colebrook wards there must have been much that was always thinly covered with undergrowth, whilst a considerable part of the area had no resemblance to what is now understood as forest by the time that it became part of the earldom of Lancaster.
The singularly full accounts of the opening years of Edward II. show that Duffield Frith not only included within its area a great number of parks, which were the special homes of the deer—though the park fences, whilst excluding cattle, etc., permitted them to wander at will through other parts of the forest—but also cow pastures, small sheep walks, coal mines, and iron forges.
As to the parks, they were thus distributed in the time of Edward I., and remained so (save for the speedily extinguished Champagne park) until the seventeenth century. Ravensdale (where was the central lodge or manor house of the whole forest) and Mansell parks, in Hulland ward; Champagne, Postern, and part of Shottle park, in Duffield ward; Milnhay (not always reckoned as a park, but separately paled) and the larger part of Shottle park, in Colebrook ward; and Lady or Little Belper and Morley parks, in Belper ward.
In an account of Belper ward for 1272-3 occurs the earliest known mention of the chapel adjoining the Belper manor house, which was expressly founded for the use of the foresters. John, the chaplain who celebrated at that chapel, held 7 acres and 1 rood of demesne land in Fishyard, in lieu of rent of nine cottages built on 3 acres of land that had been previously granted to the Belper chaplain.
At a Belper woodmote court of 1304, various offenders presented by the foresters paid 12_d._ as fines for suffering foals and mares to wander in the ward, and smaller fines for plough-cattle and sheep. At a Duffield ward woodmote of the same year, several vert trespassers were presented for carrying off loads of green oak and of whitethorn.
The accounts of Duffield Forest, as returned to the duchy receiver-general, from Michaelmas, 1313, to Michaelmas, 1314, are exceptionally full and detailed.
For Belper ward William de Simondsley was the receiver, and his receipts, including arrears from previous years of over £8, amounted to £109 11_s._ 11¾_d._ Six score hens were sold for 15_s._ to supply the lord’s table at Donnington, and 3_s._ 4_d._ was obtained elsewhere for another score. The winter agistment of plough-cattle throughout the ward realised 7_s._ 11_d._, and the summer agistment £4 1_s._ 3_d._ The summer agistment fees for Morley park were 51_s._, and the herbage of a close near the park gate sold for 12_d._ There were no receipts that year from the little park of Belper. Thirty-four acres of meadow at Belper laund realised 33_s._ 2_d._ Not more than twelve acres were mown there for the coming of the lord to Belper; that was, we suppose, to supply the horses of his retinue with fodder. Twenty acres were mown there for storage for the lord at the deer-house, and twenty acres more for a like purpose (_i.e._ for winter food for the deer) at Bullsmore. Twenty-three acres of meadow grass in Morley park were sold for 18_s._ 1½_d._, and the residue was cut and stored for the lord. The fishing of the Derwent was let for 5_s._, and 4_s._ was paid by fowlers for licence to catch birds in the ward. There was no honey or wax entered for the year. Wood and bark sales realised 19_s._ An unclaimed stray ox was sold for 8_s._, while 6_d._ was paid to redeem a stray calf, and 2_s._ to redeem two stirks. The large sum of £13 10_s._ was obtained for getting coal at “Denebyhuyrum.” The ward woodmote fines and court fees brought in £4 5_s._ 10_d._ But far the largest receipts of this ward were for the forges or smithies, for Belper, as early as the beginning of the fourteenth century, had a considerable sale for nails. One forge that was at work for eleven weeks, save four days from Michaelmas to St. Thomas the Apostle’s Day, paid a farm rent or royalty of £7 8_s._ 10¾_d._; whilst two forges that were working twenty-four weeks, save four days, namely, from the Purification to Michaelmas, brought in £63 6_s._ 8_d._ It was, doubtless, the presence of coal near the surface round Belper (which was not exhausted till near the end of the eighteenth century) that brought the trade in wrought iron to this part of the forest.
The first item of expenditure entered is 3_s._ 2_d._ for Duffield rectorial tithes on the herbage of Morley park, and of a close there. A particularly interesting customary payment, denoting the risk incurred in traversing the roads of Duffield Forest, is 8_s._ for warding the road of the Cross (_via de la rode_) on Derby market days, a duty that devolved on the forest officials. The sum of 39_s._ 11½_d._ was spent in making 482 pales for the new fencing of Morley park and Belper laund, and 26_s._ 7½_d._ in repairing and re-erecting 384 broken or prostrate pales in the same fences. The man who worked for sixty-three days in mending the broken and defective pales, received 5_s._ 3_d._, or a wage of 1_d._ a day. The sum of 3_s._ 6_d._ was paid for strewing the deer-browse or loppings in the winter through the ward and in the little park. Thatching the roof of the great larder for the salted venison, adjoining Belper manor house, cost 2_s._, while 26_s._ was paid for the salt required that year in the larder. Fourpence was the small sum paid for measuring the pasturage within and without the park. The sum of £90 7_s._ 8½_d._ of the receipts was handed over to Nicholas de Shipley through ten tallies. At the end of the year the receiver still owed to the earl £8 0_s._ 6_d._
Of Duffield ward Ralph le Corviser was the receiver; his receipts, including arrears, were £20 18_s._ 7_d._ The first entry among the receipts is 12_s._ 9_d._ for 102 hens sold for the lord’s table, and 12_d._ for six hens sold elsewhere. The winter and summer agistment throughout the ward, including the parks of Shottle and Postern and the herbage of “Muxelclif” and Longley, produced no monetary return, for it was all pastured or mown for the lord. The pannage of swine from two persons outside the ward brought in 2_s._; the fishing of the Ecclesburn, 12_d._; the fishery of the Derwent, 5_d._; the sale of wood, bark, and deer-browse, 31_s._ 8_d._; the licensing of fowlers, 2_s._; and the woodmote fees and fines, 34_s._ 2_d._ The receiver of this ward also accounted for £41 6_s._ 2½_d._, paid in pannage pence for swine throughout the whole forest, deducting the tithes of the same payable to the prior of Tutbury, and 55_s._ for the pannage of small pigs. The outgoings show that this ward, like that of Belper, also paid 8_s._ a year for guarding the road of the Cross on Derby market days.
The heaviest outgoing was the aggregate sum of £3 2_s._ 11½_d._ for renewing and repairing the pale fences and clearing the dykes, particularly round Shottle Park; 4_s._ 5½_d._ was also paid for new fencing within that park by the side of the Ecclesburn to protect the meadow land there, and 14_d._ for making a water gate. There were further small sums for park gates, and for mending a bridge and for the carriage of the timber for these various purposes. The sum of 2_s._ 4_d._ was paid for strewing deer-browse in the winter. A pinfold was removed from Hazelwood and carried to Shottle at the small charge of 6_d._ The most interesting outlay in the accounts of this ward is the expenditure of the sum of 6_s._ 8_d._ on mending the road between the parks of Shottle and Postern for the carriage of coal to the lord’s forge, which stood, as we learn from other accounts, on the further side of the Ecclesburn, just beyond Cowhouse Lane. The expenses of the foresters and others in connection with the pannage amounted to 17_s._ 8_d._, whilst 14_s._ 4_d._ was paid to the clerks of the master forester and the attorney of the prior of Tutbury and the foresters at the pannage court.
Of Colebrook ward, John FitzRalph was the receiver, and his receipts for the year, including the recovery of the large amount of £36 9_s._ 10½_d._ of arrears, came to £70 13_s._ 6½_d._ The agistment of Milnhay produced 31_s._ 10½_d._, and of Shottle park (most of which was in this ward) £15 16_s._ 7_d._ The herbage of Schymeed (Shining Cliff) brought in 17_s._ The townships of Alderwasley, Colebrook, Ashleyhay, Hulland, Newbiggin, and Idridgehay paid a composition of 4_s._, probably as an acknowledgment from the “outlands” parks. The fishery of the Ecclesburn produced nothing that year, but 6_d._ was paid for the Derwent fishery rights of this ward. Henry del Hay paid 2_s._ as composition with the lord’s tenants within the forest. Licences for fowlers in this ward and in Shottle produced 4_s._ The sale of wood, bark, and boughs realised 17_s._ 6_d._ Following this comes an entry that seems to imply an occasional sale of thick oak bark, or _cork_, for some specific use. The entry runs, _De cork nil hoc anno_. The word “cork” is derived from the Latin _cortex_. Reference has already been made to the maple bowls from this ward.
The outgoings begin with a like entry of 8_s._ to the two wards already mentioned for warding the road of the Cross on Derby market days. The paler for this road and Shottle park received an annual stipend of 5_s._ for repairs, and in addition he received this year 10_s._ 10_d._ for the making of new pales. The strewing of the deer-browse in the severe weather cost 7_s._ 3_d._ The considerable sum of 40_s._ was paid to Peter Bulners for carrying a letter of Lord Robert de Holand directed to the receiver at Tutbury. From the summary at the end of the ward accounts, it seems that the receiver of Colebrook had in hand the great sum of £40 1_s._ 11_d._ for the sale of bowl wood for that and the two preceding years, and that he sought instructions how he was to allocate it.
Of the ward of Hulland, John Hulleson was the ward receiver; the receipts for the year, including 66_s._ 8½_d._ of arrears, amounted to £29 7_s._ 2½_d._ The agistment of the two parks of this ward—Mansell and Ravensdale—realised the respective sums of 35_s._ 3_d._ and 36_s._ 10_d._ The sale of wood, bark and boughs produced £17 13_s._ 4_d._; 20_d._ was received in fines for two stray colts, 5_s._ for the sale of a waif, and £4 1_s._ 11_d._ as court fees of the woodmotes. There is an entry of 2_s._ under the head of cheminage; the way-leave in this case was probably for some exceptional transit during the fence month. The exceptional entry for this ward is 4_s._ 6_d._ for “ix. cokschutes.”
The outgoings of this ward begin with the entry of 4_s._ for warding the Corkley road (_via de Corkelegh_) on Derby market days. Corkley is the name still borne by an isolated farmhouse about a mile south of Turnditch, on the margin of Hulland ward. The yearly wage of the keeper of Ravensdale park amounted to 63_s._ 8_d._ Within this park stood the chief lodge of Duffield Frith, which was the hunting seat of the earls and dukes of Lancaster when in this part of their estates, and which was occasionally honoured by the presence of royalty. Very considerable repairs were done to the lodge and park of Ravensdale during this year. The small sum of 7_s._ 6_d._ was paid for preparing 1,300 shingles (_cendulæ_) and 200 boards for roofing the different parts of the manor house; the timber itself would, of course, be provided out of the forest. Painted glass for the windows of the manor chapel only cost 16_s._, but 18_d._ was also paid for buying iron and making it into bars for the support of these windows. The renewing of the park pales of Ravensdale and repairing and setting up the old ones cost 17_s._ 3½_d._, whilst 4_s._ 4_d._ was spent over the park gates towards Corkley and at “Schakesdon.” The making good of eighty-five new pales, and the repairing of upwards of 600 old pales of Mansell park, cost £3 10_s._ 11_d._ A new hedge for part of the same park toward Pintclifford cost 13_d._, and 2_s._ was spent in mending the deer-leap towards Hough.
Under the head of _Venatio de Duffield Frith_, full particulars are given of all the venison taken in the forest, and its disposal. The grand total for the year was: one hart, ninety-six bucks, and twenty-five does.
The stock of the forest is next set forth under the heading _Instaur’ de Duffield_. The account is rendered by Robert Frely and Nicholas Fitz-Giles, the stockmen (_instauratores_) of Duffield. The sale of thirty-two of the lord’s oxen realised £23 3_s._ 40_d._, an exceptionally good price. A bull and sixteen cows in calf sold for £9 13_s._ The skins and flesh of four cows, the skins of six cows, the skins and flesh of four steers, and the skins of twenty-seven calves sold for 44_s._ 9_d._ The milk of eighty-eight cows brought in £9 2_s._ 6_d._ There were but few sheep on the outskirts of the forest; the ewes were milked, but the sheep account was annexed to that of Hartington. The rest of the receipts came from mowing and carrying the hay of two tenants.
The payments included 30_s._ 2_d._ in wages for those who looked after the cattle and calves in Postern park; 36_s._ 4_d._ for mowing, and 18_s._ 2_d._ for haymaking and carrying the hay of eighty-seven acres in the same park; and 21_s._ 6_d._ for carrying 105 loads of hay from Longley Meadows, Postern park, Morley park, and Bullsmoor to the cowhouses of Postern and Belper. The sum of 3_s._ 8_d._ was paid for stubbing up two acres of waste, and hedging it in for the sustenance of calves and colts, and 3_s._ 2_d._ for two quarters of oats for sowing the same. The dairy at Postern had 16_s._ 8_s._ expended on its various buildings, and 4_s._ 9_d._ was spent on mending the road by the Ecclesburn, to permit of the carriage of timber for the work. The sum of 16_s._ 8¼_d._ was spent on hedges and ditches round “Maxenclif” and “Mareclos” in the same park, and 4_s._ in repairing the fence of Bullsmoor. A shilling was expended on drugs for sickly cattle.
The full return of the stock of Duffield Frith for that year was thirty-eight oxen, 157 cows, five bulls, thirty-three heifers, fifty-one steers, and seventy-three cows. Of these there were sold, consumed, or died in the course of the year, thirty oxen, fifty-one cows, two bulls, four steers, and thirty-four calves.
Roger Beler’s accounts for 1322-3, are of some interest, as also are those for 1326-7. The latter mention 32_s._ paid as the tithe of the mills of Duffield and Belper to the rector of Duffield, which is henceforth an annual entry whenever the accounts are extant. Under Richard de Slope, who was then parker of Ravensdale, considerable repairs were done to the chief lodge of the forest or earl’s manor house within that park, including 22_s._ 4_d._ paid to a workman for 134 days’ labour at 2_d._ a day on the roofs, doors, and windows. The total expenditure on the great house and park was £5 5_s._ 9d½_d._, and embraced payment for 1,500 shingles, and 100 spikes, 100 “bordnayles,” and painting and plastering with white clay (_plasticando cum argillo_).
Among the expenses of the reeve of Belper (Simon Payn) for 1327-8, are some exceptional entries that throw light upon the then condition of that forest town and township. The expenses included £9 worth of lead for the water conduit in the park; 39_s._ 4½_d._ for making a wall round the pond there, etc.; 22_s._ 10_d._ for roof shingles and for stone for the walls of a garderobe for the lodge; 14_s._ 1_d._ for repairing the knights’ lodge (_camere militum_), and providing it with three garderobes; 17_d._ for paling and hedging the lord’s garden; 4_s._ for carriage of venison from the Belper larder to Tutbury; 4_s._ for the carriage of salt to the larder; and 3_s._ 8_d._ for repairing the glass windows of the chapel. There was also a charge in another part of the accounts for a man and a cart carrying six does to the lord at Kenilworth. The receiver from Belper ward had 5_s._ from Henry Alisson and his companions for licences as fowlers, and 7_s._ 8_d._ for five oaks for the garderobe for the _camera juxta coquinam_. Among the outgoings of Colebrook ward for that year were 27_s._ 5¼_d._ as tithe to the rector of Duffield of the agistment of Shottle park, and 12_d._ for mending the hedge and the deer-leap between the forest and Crich Chase.
On 10th November, 1330, Henry, Earl of Lancaster lessened the area of Duffield Frith by bestowing Champagne park by charter on his beloved valet Robert Foucher and Cicely his wife and their heirs; it had been disafforested and placed in private hands as early as the reign of Edward I.
The records of various courts during the reigns of Edward III. and Richard II. yield evidence of the nature of vert and venison attachments; among the former were many cases of damage to hornbeam trees.
At a woodmote for Duffield Forest held in 1376-7, the foresters presented Ralph Gregory for having killed a doe in Postern park on Monday after the Feast of All Saints, and also a doe in the park of Shottle in the month of September; he was committed to Tutbury.
Many interesting items could also be gleaned from the full duchy accounts that are extant for 1377-8 and later years of that century, but space forbids making even the briefest extracts.
The registers of John, Duke of Lancaster, covering the close of the reign of Edward III. and the beginning of that of Richard II., contain various references to Duffield Frith, which have to be omitted for a like reason.
There was a serious charge of venison trespass at a woodmote held at “Le Cowhouse,” Postern, on 21st July, 1395. This woodmote resulted in a jury inquisition. John de Bradshaw, chief forester, and Henry de Bradburne, and ten others swore that Thomas de Statham and John Helot took a fat buck (_damnum de groce_) in Colebrook ward with greyhounds on 15th September; that the same two, with others unknown, killed three bucks and a sore in Milnhay in the same ward on 21st September; and further, that the same Thomas and John killed diverse bucks in the water in Colebrook ward. There was another venison presentment against Thomas Jackson and five others for having hunted with greyhounds in Hulland ward. Such offenders as these would be committed to prison, but released on bail, under a pledge of appearing at the next forest pleas held at Tutbury. At the same mote, Goditha de Statham, lady of Morley, the mother of Thomas Statham, the poacher, was presented for having five mares in the park of Shottle.
Henry Duke of Lancaster, son of John of Gaunt, when he came to the throne in 1399, brought Duffield Forest and the rest of the duchy into immediate relationship with the Crown. In September, 1405, the king (Henry IV.) ordered the chief forester to supply twelve timber oaks towards the repair of Duffield church.
Henry V., almost immediately on his coming to the throne in 1413, made a complete change in the _personnel_ of the chief officials of this forest. Sir Philip Leche was appointed master forester, and the following minor appointments were also made to all of which certain fees or perquisites pertained:—
John Bradshaw, parker of Shottle.
Henry Bradshaw, ” Postern.
Thomas Bradfield, ” Ravensdale.
Richard Baldere, ” Mansell.
John Gedling, ” Belper.
Richard Packer, ” Morley.
Thomas Waterhouse, forester of Colebrook.
Richard Pilkston, ” Hulland.
Nicholas Adderley, ” Belper.
The accounts of the manors in the forest and purlieus of Duffield Frith for 1417 mention for the first time stipends for the reeves. The annual stipend of the reeve and “halswayne” of Duffield was 11_s._; those of Belper, Alderwasley and Wirksworth, 5_s._; Holbrook and Heage, 2_s._; and Hulland, Biggin and Idridgehay, 20_d._
Among the Harley MSS. of the British Museum (568, 5138) are two transcripts of the customary of the honor of Tutbury, including Duffield Frith and the High Peak, with elaborate accounts of the duties and authorities of the different officers. This customary, which dates from the end of Henry V. or beginning of Henry VI., is chiefly concerned with Tutbury and Medwood forests. Several of the portions that specially relate to Duffield Frith have been cited in the introductory chapters, and most of them have been printed in volume xv. of the Derbyshire Archæological Society’s journal.
A woodmote was held at Belper on 14th May, 1466. In addition to a variety of 2_d._ fines for small vert offences, several of the tenants in Hulland ward were fined a similar sum for not repairing the border fences according to their tenure. The parkers of Ravensdale and Mansell, as well as Postern, had nothing to present. The foresters of Chevin ward (an _alias_ for Duffield ward) presented Ralph Sacheverell, lately of Snitterton, who came into the ward on 6th March, and without any licence cut down six oaks called “spyres” for repair of two houses. Various other inquiries were presented at this court. John Kniveton, of Mercaston, killed a fawn without warrant in Shottle park; and in the same park William Cook, of Bradley, John Vernon, of Haddon, and John Bradburne, of Heage, each killed a doe, and three others a fawn. In Morley park John Fynedun (also an _armiger_) killed a doe. Thomas Gresley, who was deputy lieutenant of Duffield Frith, presented William, son of the vicar of Wirksworth, and two others for entering the forest on several occasions with four greyhounds.
At another woodmote held later in the same year at Ravensdale, the foresters of Belper presented that Thomas Gresley, late deputy lieutenant of the chase, on Thursday before the Feast of St. Thomas the Martyr, had killed a buck without warrant, also that in Whitsun week he had killed another buck, and that William Troutbek had committed the like trespass. The keeper of Morley park charged Thomas Gresley with a like offence in that enclosure. At the same court Roger Vernon was presented for having sent Nicholas Bromhall, of Alderwasley, to Shining Cliff within the forest to cut down eight oaks called “spyres.”
The explanation of these outbreaks on the part of the county gentlemen is not far to seek, and they were common at this period throughout the forests of England. It was in the midst of the Wars of the Roses. Advantage was taken of this period of civil commotion; those who favoured York or Lancaster, as the case might be, seem to have readily persuaded themselves that they were entitled to make a raid on the forests of the one or the other whom they chose to regard as a pseudo-king.
At a woodmote held at Belper on 23rd April, 1472, John Harly, of Crich, yeoman, and two others were charged with having broken into Shottle Park in Easter week, and hunted with greyhounds, though they killed nothing. There were various fines for vert trespasses in Milnhay, Belper ward, and Hulland ward, the total amounting to 14_s._ 4_d._ In February, 1480, there was a sale of all the birches with their loppings, and the underwood of Ladyshaw Wood.
Robert Bradshaw was the reeve of Duffield in 1482, with a stipend of 11_s._ He is described as _reeve voc’ haselswayne_. William Assheton, who was reeve of both Belper and Heage, received 5_s._ from each township. John Egginton, reeve of Holbrook, also received 5_s._ In the forest ward returns of this year there is reference to the making of charcoal in Morley park.
The records are preserved of several appointments of officials of this forest during the reign of Henry VII. In 1485 Ralph Langford had the comprehensive appointments bestowed on him of lieutenant of Duffield Frith and steward of the same and parker of all the parks; but about a month later Nicholas Kniveton was made parker of Ravensdale. Richard Salford was made parker of Belper, and Sir Charles Somerset “Captain of our guard,” parker of Postern in 1487. In 1491 Nicholas Kniveton became parker of Shottle, and in 1493 Humphrey Bradburne became parker of Mansell. In 1503 Roger Vernon was appointed to the custody of Shottle park. In 1504, on the death of John Stafford, Thomas Day, “a valet of our chamber,” was made custodian of Morley park.
There are interesting full returns as to the venison of Duffield Frith, killed both legitimately and illegitimately, for the year 1498, as presented at a woodmote held at Cowhouse. _Shottle park_: A doe was killed on the Sunday after St. Barnabas’ Day in the Blackbrook, and carried out of the pale and stolen, but the offender was unknown. About the same time a doe was killed and afterwards taken to Thomas Parker’s house. Roger Vernon had a buck from the keeper. The Earl of Shrewsbury killed a buck, eleven sores, and a sorell, and gave them to Sir Harry Willoughby and other squires and gentlemen that were with him. The following were the deer given either by special warrant or by the earl or keeper: Anthony Babington and Henry Sacheverell, each a sore; Thomas Talbot, a sore and a doe; Nicholas Shirley, a sore; Godfrey Foljambe, Thomas Leghe, Master Elton, William Sacheverell, Edward Savage, Master Stokes, Thomas Molyneux, William Gresley, the Abbot of Dale, and John Alsop had each a buck. The keeper himself had 4 bucks and a sore. Also the bailiff of Derby and others of the same town had a buck on the Monday after St. Giles’ Day. Murrain killed 23 “deer of auntelers,” 16 prickets and does, and 32 fawns. _Mansell park_: Sir Ralph Longford and Sir Henry Willoughby had each a buck; John Montgomery, John Fitzherbert, and John Ireton had each a sore, and Roger Vernon a buck and a doe. A buck, a sorell, 4 does, and 5 fawns died of murrain. _Postern park_: The Earl of Shrewsbury, Lady Hastings, John Dettrick, Ralph Illingworth, Godfrey Foljambe, Roger Vernon, Humphrey Bradburne, and Sir Henry Willoughby had each a buck. Nicholas Kniveton the younger and Humphrey Bradburne killed a sore by their own authority. The keeper had a sore. “The patent man had a soure for his sute.” A sorell was stolen, by whom unknown. Master Talbot, a buck by his own authority. Sir Ralph Longford, Sir Thomas Gresley, and Sir John Montgomery killed 2 bucks and a doe by their own authority. “A chaunce buk ley out and was hurt in the bak and giffen to John Agard; a buk was hurt on our Ladys own Assumcion and was found dead and was lost.” Three bucks, a sore, 3 sorells, 7 does, and 12 fawns died of murrain. _The Lady park of Belper_: The auditor, a doe and a fawn. William Pope, a doe. The murrain killed a buck and two does. _Morley park_: Sir Henry Willoughby, a buck. Master Pole and his daughter, a sore. Master Osmond killed a pricket. Thomas Borow, gentleman, killed a pricket by warrant of Sir Ralph Longford. The keeper had a sore and also “a chaunce stag.” “Nicholas Kniveton and Roger Vernon came into Morley parke and hunted by there own auctorite and kylled no thyng. Item the seid Nicholas brak the pale another tyme as he went to Butterly.” A doe died of the murrain. _Hulland Ward_: Nicholas Kniveton the elder and Humphrey Bradburne killed a buck “for there sute.” Nicholas Kniveton the younger, Humphrey Bradburne, and Roger Vernon killed a buck by their own authority. “Then the said Nicholas Kniveton the younger caused a buk to be smytten, which Robert Bradshaw sonnes received.” _Ravensdale park_: The Earl of Shrewsbury killed a buck. Sir Henry Willoughby and the Commission had each a buck. Sir Ralph Longford and Roger Vernon each two bucks. A chance buck and two chance does were disposed of by the keeper.
By the time that great sportsman Henry VIII. came to the throne, the stock of fallow deer had materially decreased throughout this forest, and the disafforesting of most of Colebrook ward, through the king granting so large a part of it to Anthony Lowe, deprived the forest deer of much of their wildest runs. Nevertheless, they must have been fairly abundant in parts as late as 1541, for the Earl of Shrewsbury, the chief forester, wrote to the Earl of Southampton on 6th July hoping that the king, at his coming to Nottingham, would visit his poor house at Wingfield and hunt in Duffield Frith; but before the end of the month the earl was dead.
In 1521 there must have been deer in the parks of Ravensdale and Mansell and generally throughout Hulland ward, for 15_s._ was spent in those divisions in providing winter deer-browse.
The king, in 1523, granted to Anthony Lowe, who was forester-in-fee of Duffield Frith and keeper of Milnhay, to occupy those offices without rendering any account or paying, as his father Thomas Lowe did, at £3 11_s._ a year for the exercise of those offices; a water-mill and 200 acres of land in Alderwasley were conferred on Anthony by the same patent.
There are many appointments to patent offices in this forest entered throughout the reign of Henry VIII., such as John Bradshaw, keeper of Postern park; Thomas Doughty, keeper of Morley park; and Thomas Oakemanton, keeper of Ravensdale park in 1510.
Various forest appointments were also made by the Crown in the reign of Edward VI., such as Sir Thomas Cokayne, parker of Ravensdale, in June, 1553.
The leases of the parks of Shottle and Postern, including rights over the deer, show how steadily the old forest customs were deteriorating. At the beginning of Elizabeth’s reign the question was raised whether such leases were not equivalent to disafforesting.
In Michaelmas term, 1559, Thomas Wynston, Esquire, of Windley Hill—claiming the two parks of Shottle and Postern, within Duffield Frith, by a forty years’ lease from Philip and Mary, at a rental of £86, and, for a further sum of £43 12_s._, full licence to take and use the deer within the two parks at his will and pleasure—complained that Sir John Byron, Francis Curson, Esquire, Edmund Tetlowe, and Richard Kaye last May entered the parks, killed many of the deer, carried away 1,000 loads of underwood, and continued to occupy and hold the parks, and thus hindered the complainant in paying his rent to the duchy.
There is no extant reply to this complaint, but in the following year the question was again raised on another charge.
In 1560 Thomas Wynston, of Windley Hill, complained to the chancellor (Sir Ambrose Cave) that he held a lease on yearly payment of £86 from Philip and Mary of Shottle park, within Duffield Frith, which was a paled enclosure beyond man’s memory, and within which there was “free warren of dere and other game of venerie,” but that John Wigley, yeoman of Wirksworth, on 3rd January, “entered into the said parke and there hunted without lycence and kylled there certin dere as well as of season as note of season, and the same trespas hath combyned by the space of sundrie dayes and after to the utter destruction of the dere and game to the disinheritance of the Quene ... and to the damages of the said Informer one hundred poundes.” To this bill John Wigley made answer that the letters patent of Philip and Mary granting the deer of Shottle park to the complainant had caused the enclosure to be disparked, and that the defendant “claiminge to come by the said parke havinge a brace of greyhounds with hym, the same greyhoundes dyd verie soddenly breake from hym, and havinge a deere in the winde came at the said deer and kylled it”; that he never hunted there again, and that, knowing that the complainant was killing off the deer and disposing of them, was not aware that he had committed any offence against the laws of the realm.
In the following year the Crown confirmed to Thomas Wynston the grant made by Philip and Mary in these two parks of timber sufficient for the repair of houses, lodges, hedges, and all manner of farm gear, as well as for fuel.
An elaborate survey of this forest, giving the exact number of the trees and the condition of the undergrowth in each ward and park, was drawn up in 1560. There is no other known forest return of the sixteenth century which gives nearly such full details. It was printed in full, with other later surveys, in the Derbyshire Archæological Society’s journal for 1903. The large trees were entirely oak. There is not a single mention of an elm. The underwood included white and black thorn, hazel, holly, maple, crabtree, and alder, as well as abundance of birch wood in Belper ward. The totals work out to the large amount of 111,968 trees, of which 59,412 were large oaks, 32,820 small oaks, and 19,736 oaks in more or less state of decay—“dottard oaks,” and only suitable for fuel.
The destruction of timber throughout Duffield Forest was excessive during the whole of Elizabeth’s reign. The contrast between this survey of 1560 and another that was taken in 1587 is most extraordinary. There were at the latter date only 2,764 large oaks and 3,032 small oaks; they are set forth in detail with their estimated worth. The total value of the whole wood was somewhat under £2,000.
The commissions relative to this forest during Elizabeth’s reign were frequent. In 1581 Edward Stanhope, William Agard, and Simon Arden were commissioned to view and report on Duffield Frith. They called before them the woodwards and collectors of the three wards (for Colebrook ward had now disappeared through the appropriation of the Lowe family, and Shottle park was wholly in Duffield ward), as well as divers of the tenants and freeholders, and by their information and their own perambulations arrived at the following conclusions:—That there is a woodward and collector or forester-in-fee of each ward; that these wards were “till of late years replenished with game and fallow deare, and had divers other officers and ministers of chase as foresters-in-fee, bow-bearers, and such like”; that as “the said game is utterlie destroyed” they did not call for sight of such grants; that in Hulland there is a great deal of plain ground as well as of woody and bushy ground; that in Duffield there is much plain ground and also a great deal of thin set wood ground by name of Chevin; that in Belper there is much plain ground and a good deal of wood soil chiefly set with birch underwood; that the tenants of the frith and the copyholders bordering on the same have every third year reasonable hedgebote out of the woods to hedge their common cornfields, and in winter to lop hollies and other undergrowth for relief of the queen’s game when there were deer, and for their own cattle and sheep; that all borderers and strangers taking away any fuel, wood or browse (other than what may be sold by the collectors) are amerced at the woodmote courts; that all the alders throughout the wards had been lately felled and sold for Her Majesty’s use; that all tenants of Duffield, Belper, Makeney, Hazelwood, Windley, Turnditch, Holbrook, Hulland, Idridgehay, Biggin, Ireton Wood, and Heage, and other houses in the precincts of the frith claim and use common of sheep and cattle; that small benefit would accrue to the Crown from the encopsing of the woods, and that it would be prejudicial to the tenants, who are mainly poor and dependent on the relief of pasturage in the frith; that the underwood might with advantage be divided into ten parts or “hagges,” and let on lease, selling every year one part; that the aptest places for setting up “any bloweng mill for the melting of lead ower (the same intended to be a water mill)” is in the Hulland ward at a little brook called Hulland brook, and in Chevin or Duffield ward at Blackbrook, “so that there may be one small overshot mill at eache of them, and will have water to furnish worke one day at thone and an other day at the other, onles it be in the drowght of somer”; that near Hulland brook are “one or two great and auncient heapes of Iron slag or cinders whereby it should seem there hathe ben some water worke there for melting of Iron stone”; and that the same preferment for lead ore should be charged in the manors of the frith as in the Wapentake of Wirksworth, namely, a halfpenny for every load of ore, twelve loads commonly making a fother of lead.
In 1587 the inhabitants and borderers of Duffield Frith, numbering 509 copyholders, freeholders, and ancient cottagers and householders (forming a population of 1,800 with their wives and children) petitioned the queen not to carry out the project of leasing the underwood, as they had from time beyond memory been accustomed to crop and browse of these woods from Martinmas to the end of February for their cattle whenever the weather was severe, paying a price for the same at the end of the winter. If the leasing was carried out, they considered they would be debarred from this, as well as from their customary rights of fuel wood, and wood for the repairs of their houses and hedges, and that they would “be utterly impoverished thereby and constrayned to seek dwellings other where.” This petition was presented in September, 1587, and in June, 1588, Edward Stanhope was appointed by the Council of the duchy to enter into the grievances of these tenants. On 5th July he met seven representatives of the tenants at Nottingham, but after several adjournments they were able to come to no satisfactory compromise.
In 1592 another commission was appointed to secure true measurements of the “woodgrounds” of the frith, but after thrice meeting the commissioners, the local jury declared that it was impossible to execute such a task, giving their reasons at length, which were chiefly because of the various barren and stony places with which the woodlands were interspersed.
The woodmote courts continued to be held and were busily engaged in fining vert trespassers. At the court held at Cowhouse Lane in July, 1593, fifteen offenders who had carried off green wood in Duffield ward were fined in sums varying from 5_d._ to 6_d._, thirty-nine in Belper ward, and sixty-four in Hulland ward. The fines amounted to 35_s._; a pannage court was held the same day, when a penny each was received for 109 pigs.
At a woodmote held at Hulland on 21st September, 1597, the only business transacted was the imposing two fines of 2_s._ each for cutting down trees. At the woodmote held at Chevin House, on 11th August, 1598, many vert trespassers were presented. In the Belper ward one offender was charged with removing so many “bigis Anglia sleydfulls” of wood. In other returns of this reign the taking of sledges and drags of woods are mentioned. Thomas Sympson incurred the heavy fine of 3_s._ 4_d._ for cutting various birches.
On 19th December, 1598, another court was held at Chevin House, before Anthony Bradshaw, as deputy steward; the foresters who appeared were John Curzon, William Kniveton, and William Bradburne, esquires, and John Brockshaw, gentleman. The names of agisters, parkers, and ward collectors are also set forth. Henry Butler held the joint sinecure offices of bow-bearer and axe-bearer, while Richard Clark was the ranger. A large number of vert trespassers were fined, chiefly in sums of 4_d._ and 6_d._; in various cases the offenders are described as taking of horseloads, sleighloads, or _les backburdens ligni_.
At a woodmote held at Chevin House, on 11th March, 1600, by Anthony Bradshaw as deputy steward, John Curzon was present both as lieutenant and forester, and the other foresters were Sir Humphrey Ferrers, William Kniveton, and John Brockshaw. Thomas Johnson, the keeper of the two parks of Manshull and Ravensdale was fined 2_s._ for absence, and the parker of Morley 1_s._ for a like offence. No fewer than 123 vert trespassers were fined, in sums varying from 2_d._ to 12_d._ “Waynelodes” are mentioned among the amounts of wood taken.
At the next court, held on 8th July, two trees were assigned to the town of Duffield towards the repair of their bridge. Among the fines is the very heavy one of 10_s._ which had to be paid by Richard Ferne, for he not only cut two cartloads of green wood, but sold them at Derby.
Anthony Bradshaw, fourth son of William Bradshaw, of Bradshaw, the deputy steward of the forest, who did so much to sustain the privileges of the tenants of Duffield Frith, resided at Farley Hall. He was a man of some literary power, and wrote a long curious poem of fifty-four stanzas, early in the reign of James I., entitled “A Frend’s due Commendacion of Duffeld Frith.” It is printed in vol. xxiii. of the _Reliquary_. He mentions therein the Earl of Shrewsbury as high steward and John Curzon as lieutenant. The six parks of Morley, Belper, Postern, Shottle, Ravensdale, and Mansell are all named, but they were all farmed “and yeald no deare at all,” save Mansell, and that “verie small.” From these rhymes we learn that “Tacke courtes” were held in addition to the woodmote, “at Luke’s day and Martinmas,” and the tack dinner, when each man had a hen in his pie, mentioned in the old customary, was still maintained.
At a woodmote held by Anthony Bradshaw, in 1604, there were nine cases of fines of 12_d._ each for beating down and collecting acorns; for taking a cartload _de le Oller_ (alder) wood, a man was fined 6_d._, and the like fine was imposed for taking a load of _tynsell_ wood, or oven fuel; whilst 12_d._ was paid for removing a load of _le Oller poles_.
At the court held at Chevinsyde, on July, 1605, Sir Edward Cokayne, keeper of Mansell park, appeared through William Jesson, his deputy. Henry Butler, bow-bearer and axe-bearer did not appear, and pleaded that he ought not to be called to “wood pryses.” Forty-five transgressors were fined on this occasion. The ranger received a perquisite of wood for providing dinner for the officers of the court. This is the latest date at which we have found direct evidence of the presence of deer in the forest. William Jesson, as deputy of Sir Edward Cokayne, swore that there then remained seventy-six deer in Mansell park, and that four or five had died in the last winter.
As matters ripened in Derbyshire against the arbitrary actions of Charles I. and his advisers, the Crown claims over the district of Duffield forest, more particularly in the old ward of Colebrook, were more resisted and became more difficult to establish. A singular agreement was come to between the duchy and one Richard Neville to the effect that he should have such land as by prosecution he could recover for the Crown in Uttoxeter ward, Needwood forest, and in Colebrook ward, Duffield forest, at a rental of 12_d._ per acre. Neville succeeded in recovering much land in and around Colebrook ward for the crown as part of the old royal frith of Duffield. He was, however, not only put to heavy legal costs, but his attempts to inclose were naturally resisted, leading to many riots and disorders. In December, 1639, Neville petitioned the crown for an abatement of the covenanted rent, as he not only found much of the land barren, but he was still exposed to daily damage and interruption.
On 20th February, 1640, Richard Neville, described as a gentleman of the bedchamber to the prince, obtained a formal grant in fee-farm of the common or waste called “Milshay or Millmore, or Milshayward de Colebrookward,” parcel of Duffield Frith, and other lands recovered by his prosecutions, charged with a rent of £45 3_s._ per annum; but at the same time 550 acres of Millhay was assigned to Edward Potterell and others as trustees for the commoners and tenants of Alderwasley and Ashleyhay at a rent of 2_s._ per annum. Probably the Crown, in accordance with the usual disafforesting arrangements of this reign, took one-third of the common, the other two-thirds being reserved for the commoners.
The statements appended to a Parliamentary Survey of this forest give a clear insight into the action of the Crown as to the commoners during this reign.
A survey of the “Royaltye of the late disforrested Forest or Chase called Duffield Frith ... late parcell of the possessions of Charles Stuart late king of England” was made in July, 1650, by order of Parliament. The chief rent due from several adjacent townships for liberty of commonage amounted to 56_s._ 4_d._; the royalty, including waifs, strays, felons’ goods, hawking, and hunting, 40_s._; of cottages on encroachments, £24 13_s._ 2_d._; and “the mines delfes or pitts of coale now in use or hereafter to be digged ... with liberty of ruckeing and stackeing of such coales ... and of erecting of cottages for the habitacion of collyers with free passage for horses, carts, and carriages passing to and from the said coale delfes,” £30. The commissioners let the benefits of the royalties and of the coal for a year to John Mundy, of Allestree, and Thomas Newton, of Duffield.
The report cites the grant of 4th September, 1634, when a third part of Belper ward, 561 acres, assigned to the king by the Council of the duchy in the previous year, was transferred to Sir Edward Sydenham at a yearly rent of 21_s._ 8_d._ At the same time it was proposed to assign to the king a third part of Chevin ward, to be chosen by lot, the remaining two-thirds to be granted to the commoners at 2_s._ per acre for all they enclosed, being discharged of their old rent of 56_s._ 4_d._; but only thirty-one commoners agreed to this proposal, upwards of four hundred being opposed to it. Nevertheless, a decree was passed for a division in the duchy chamber, and the king’s commissioners took what part they liked best without any casting of lots, taking in all the places “where the Coale Delfes are now sunke.” In September, 1634, the king granted this third part of Chevin ward to Sir Edward Sydenham, and it was enclosed; and “the inhabitants were compelled by force and terror to submite thereunto.” Nor were the other two parts ever granted to the commoners in fee-farm, although enclosed, nor were any admitted tenants of this enclosed ground, save the small minority who had agreed to the enclosure. Thereupon, in 1643, the inhabitants threw open all the enclosures of this ward, including the king’s third part, and since enjoyed it all in common. “Had not the distraction by the late Warres prevented them, they had all joyned in a Bill of Reveiwe to reverse the Decree made upon soe slender grounds and soe illegally without theire consent.” The commissioners stated that they had had all this testified to them by a jury consisting of “men of qualitye and sufficient abilityes in those partes and neighbours to the place”; that they were convinced that, though a few private persons had been gainers by the enclosure, a far more considerable number had been “damnifyed thereby”; and that therefore they considered the ward to be rightly common.
The affairs of most of Colebrook ward were settled, as we have seen, in 1639-40. Hulland ward was divided at the same time as Belper ward, in 1633-4, the king’s third, consisting of 490 acres valued at 9_s._ 2_d._ a year being granted to Sir Edward Sydenham. The successful opposition to enclosure only prevailed in the large ward of Duffield or Chevin, including Shottle park.
All that part of the old forest that was, by violent means, thrown open to the commoners in 1643 remained common until 1786, when 1,500 acres were enclosed by an Act of 26 George III.
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The royal forests of EnglandChapter XV: Duffield Frith
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